Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 2356
Barcode 140974
CHAMBER ACTION
Senate House
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11 The Committee on Judiciary (Baker) recommended the following
12 amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. Paragraph (b) of subsection (8) of section
19 39.301, Florida Statutes, is amended to read:
20 39.301 Initiation of protective investigations.--
21 (8) The person responsible for the investigation shall
22 make a preliminary determination as to whether the report is
23 complete, consulting with the attorney for the department when
24 necessary. In any case in which the person responsible for the
25 investigation finds that the report is incomplete, he or she
26 shall return it without delay to the person or agency
27 originating the report or having knowledge of the facts, or to
28 the appropriate law enforcement agency having investigative
29 jurisdiction, and request additional information in order to
30 complete the report; however, the confidentiality of any
31 report filed in accordance with this chapter shall not be
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Florida Senate - 2006 COMMITTEE AMENDMENT
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1 violated.
2 (b) If it is determined that the child is in need of
3 the protection and supervision of the court, the department
4 shall file a petition for dependency. A petition for
5 dependency shall be filed in all cases classified by the
6 department as high-risk. Factors that the department may
7 consider in determining whether a case is high-risk include,
8 but are not limited to, the young age of the parents or legal
9 custodians, the use of illegal drugs, the arrest of the
10 parents or legal custodians on charges of manufacturing,
11 processing, disposing of, or storing, either temporarily or
12 permanently, any substances in violation of chapter 893, or
13 domestic violence.
14 Section 2. Subsection (12) of section 893.13, Florida
15 Statutes, is amended to read:
16 893.13 Prohibited acts; penalties.--
17 (12) If a person violates any provision of this
18 chapter and the violation results in a serious injury to a
19 state or local law enforcement officer as defined in s.
20 943.10, firefighter as defined in s. 633.30, emergency medical
21 technician as defined in s. 401.23, paramedic as defined in s.
22 401.23, employee of a public utility or an electric utility as
23 defined in s. 366.02, animal control officer as defined in s.
24 828.27, volunteer firefighter engaged by state or local
25 government, law enforcement officer employed by the Federal
26 Government, or any other local, state, or Federal Government
27 employee injured during the course and scope of his or her
28 employment state, local, or federal law enforcement officer,
29 the person commits a felony of the third degree, punishable as
30 provided in s. 775.082, s. 775.083, or s. 775.084. If the
31 injury sustained results in death or great bodily harm, the
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 2356
Barcode 140974
1 person commits a felony of the second degree, punishable as
2 provided in s. 775.082, s. 775.083, or s. 775.084.
3 Section 3. Section 627.4107, Florida Statutes, is
4 created to read:
5 627.4107 Government employees exposed to toxic drug
6 chemicals; cancellation of life or health policy or
7 certificate prohibited.--No life or health insurer may cancel
8 or nonrenew a life or health insurance policy or certificate
9 of insurance providing coverage to a state or local law
10 enforcement officer as defined in s. 943.10, firefighter as
11 defined in s. 633.30, emergency medical technician as defined
12 in s. 401.23, or paramedic as defined in s. 401.23, a
13 volunteer firefighter engaged by state or local government, a
14 law enforcement officer employed by the Federal Government, or
15 any other local, state, or Federal Government employee solely
16 based on the fact that the individual has been exposed to
17 toxic chemicals or suffered injury or disease as a result of
18 the individual's lawful duties arising out of the commission
19 of a violation of chapter 893 by another person. This section
20 does not apply to any person who commits an offense under
21 chapter 893. This section does not prohibit an insurer from
22 canceling or nonrenewing an insurance policy, as permitted
23 under the Florida Insurance Code, based on an act or practice
24 of the policyholder which constitutes fraud or intentional
25 misrepresentation of material fact by the policyholder.
26 Section 4. Paragraph (a) of subsection (4) of section
27 907.041, Florida Statutes, is amended, and paragraph (l) is
28 added to that subsection, to read:
29 907.041 Pretrial detention and release.--
30 (4) PRETRIAL DETENTION.--
31 (a) As used in this subsection, "dangerous crime"
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 2356
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1 means any of the following:
2 1. Arson;
3 2. Aggravated assault;
4 3. Aggravated battery;
5 4. Illegal use of explosives;
6 5. Child abuse or aggravated child abuse;
7 6. Abuse of an elderly person or disabled adult, or
8 aggravated abuse of an elderly person or disabled adult;
9 7. Aircraft piracy;
10 8. Kidnapping;
11 9. Homicide;
12 10. Manslaughter;
13 11. Sexual battery;
14 12. Robbery;
15 13. Carjacking;
16 14. Lewd, lascivious, or indecent assault or act upon
17 or in presence of a child under the age of 16 years;
18 15. Sexual activity with a child, who is 12 years of
19 age or older but less than 18 years of age, by or at
20 solicitation of person in familial or custodial authority;
21 16. Burglary of a dwelling;
22 17. Stalking and aggravated stalking;
23 18. Act of domestic violence as defined in s. 741.28;
24 19. Home invasion robbery;
25 20. Act of terrorism as defined in s. 775.30; and
26 21. Manufacturing any substances in violation of
27 chapter 893; and
28 22.21. Attempting or conspiring to commit any such
29 crime.
30 (l) The Legislature finds that a person who
31 manufactures any substances in violation of chapter 893 poses
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Florida Senate - 2006 COMMITTEE AMENDMENT
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1 a threat of harm to the community and that the factual
2 circumstances of such a crime indicate a disregard for the
3 safety of the community. The court shall order pretrial
4 detention if the court finds that there is a substantial
5 probability that a defendant charged with manufacturing any
6 substances in violation of chapter 893 committed such a crime,
7 and if the court finds that there are no conditions of release
8 reasonably sufficient to protect the community from the risk
9 of physical harm to persons.
10 Section 5. Paragraph (s) of subsection (1) of section
11 465.016, Florida Statutes, is amended to read:
12 465.016 Disciplinary actions.--
13 (1) The following acts constitute grounds for denial
14 of a license or disciplinary action, as specified in s.
15 456.072(2):
16 (s) Dispensing any medicinal drug based upon a
17 communication that purports to be a prescription as defined by
18 s. 465.003(14) or s. 893.02(20) when the pharmacist knows or
19 has reason to believe that the purported prescription is not
20 based upon a valid practitioner-patient relationship.
21 Section 6. Paragraph (e) of subsection (1) of section
22 465.023, Florida Statutes, is amended to read:
23 465.023 Pharmacy permittee; disciplinary action.--
24 (1) The department or the board may revoke or suspend
25 the permit of any pharmacy permittee, and may fine, place on
26 probation, or otherwise discipline any pharmacy permittee who
27 has:
28 (e) Dispensed any medicinal drug based upon a
29 communication that purports to be a prescription as defined by
30 s. 465.003(14) or s. 893.02(20) when the pharmacist knows or
31 has reason to believe that the purported prescription is not
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Florida Senate - 2006 COMMITTEE AMENDMENT
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1 based upon a valid practitioner-patient relationship that
2 includes a documented patient evaluation, including history
3 and a physical examination adequate to establish the diagnosis
4 for which any drug is prescribed and any other requirement
5 established by board rule under chapter 458, chapter 459,
6 chapter 461, chapter 463, chapter 464, or chapter 466.
7 Section 7. Paragraph (c) of subsection (1) of section
8 856.015, Florida Statutes, is amended to read:
9 856.015 Open house parties.--
10 (1) Definitions.--As used in this section:
11 (c) "Drug" means a controlled substance, as that term
12 is defined in ss. 893.02(4) and 893.03.
13 Section 8. Subsection (6) of section 893.135, Florida
14 Statutes, is amended to read:
15 893.135 Trafficking; mandatory sentences; suspension
16 or reduction of sentences; conspiracy to engage in
17 trafficking.--
18 (6) A mixture, as defined in s. 893.02(14), containing
19 any controlled substance described in this section includes,
20 but is not limited to, a solution or a dosage unit, including
21 but not limited to, a pill or tablet, containing a controlled
22 substance. For the purpose of clarifying legislative intent
23 regarding the weighing of a mixture containing a controlled
24 substance described in this section, the weight of the
25 controlled substance is the total weight of the mixture,
26 including the controlled substance and any other substance in
27 the mixture. If there is more than one mixture containing the
28 same controlled substance, the weight of the controlled
29 substance is calculated by aggregating the total weight of
30 each mixture.
31 Section 9. Paragraph (a) of subsection (1) of section
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 2356
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1 944.47, Florida Statutes, is amended to read:
2 944.47 Introduction, removal, or possession of certain
3 articles unlawful; penalty.--
4 (1)(a) Except through regular channels as authorized
5 by the officer in charge of the correctional institution, it
6 is unlawful to introduce into or upon the grounds of any state
7 correctional institution, or to take or attempt to take or
8 send or attempt to send therefrom, any of the following
9 articles which are hereby declared to be contraband for the
10 purposes of this section, to wit:
11 1. Any written or recorded communication or any
12 currency or coin given or transmitted, or intended to be given
13 or transmitted, to any inmate of any state correctional
14 institution.
15 2. Any article of food or clothing given or
16 transmitted, or intended to be given or transmitted, to any
17 inmate of any state correctional institution.
18 3. Any intoxicating beverage or beverage which causes
19 or may cause an intoxicating effect.
20 4. Any controlled substance as defined in s. 893.02(4)
21 or any prescription or nonprescription drug having a hypnotic,
22 stimulating, or depressing effect.
23 5. Any firearm or weapon of any kind or any explosive
24 substance.
25 Section 10. Subsection (1) of section 951.22, Florida
26 Statutes, is amended to read:
27 951.22 County detention facilities; contraband
28 articles.--
29 (1) It is unlawful, except through regular channels as
30 duly authorized by the sheriff or officer in charge, to
31 introduce into or possess upon the grounds of any county
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Florida Senate - 2006 COMMITTEE AMENDMENT
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1 detention facility as defined in s. 951.23 or to give to or
2 receive from any inmate of any such facility wherever said
3 inmate is located at the time or to take or to attempt to take
4 or send therefrom any of the following articles which are
5 hereby declared to be contraband for the purposes of this act,
6 to wit: Any written or recorded communication; any currency or
7 coin; any article of food or clothing; any tobacco products as
8 defined in s. 210.25(11); any cigarette as defined in s.
9 210.01(1); any cigar; any intoxicating beverage or beverage
10 which causes or may cause an intoxicating effect; any
11 narcotic, hypnotic, or excitative drug or drug of any kind or
12 nature, including nasal inhalators, sleeping pills,
13 barbiturates, and controlled substances as defined in s.
14 893.02(4); any firearm or any instrumentality customarily used
15 or which is intended to be used as a dangerous weapon; and any
16 instrumentality of any nature that may be or is intended to be
17 used as an aid in effecting or attempting to effect an escape
18 from a county facility.
19 Section 11. Paragraph (a) of subsection (1) of section
20 985.4046, Florida Statutes, is amended to read:
21 985.4046 Introduction, removal, or possession of
22 certain articles unlawful; penalty.--
23 (1)(a) Except as authorized through program policy or
24 operating procedure or as authorized by the facility
25 superintendent, program director, or manager, a person may not
26 introduce into or upon the grounds of a juvenile detention
27 facility or commitment program, or take or send, or attempt to
28 take or send, from a juvenile detention facility or commitment
29 program, any of the following articles, which are declared to
30 be contraband under this section:
31 1. Any unauthorized article of food or clothing.
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Florida Senate - 2006 COMMITTEE AMENDMENT
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1 2. Any intoxicating beverage or any beverage that
2 causes or may cause an intoxicating effect.
3 3. Any controlled substance, as defined in s.
4 893.02(4), or any prescription or nonprescription drug that
5 has a hypnotic, stimulating, or depressing effect.
6 4. Any firearm or weapon of any kind or any explosive
7 substance.
8 Section 12. This act shall take effect July 1, 2006.
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11 ================ T I T L E A M E N D M E N T ===============
12 And the title is amended as follows:
13 Delete everything before the enacting clause
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15 and insert:
16 A bill to be entitled
17 An act relating to controlled substances;
18 amending s. 39.301, F.S.; requiring the
19 Department of Children and Family Services to
20 file a petition for dependency for the children
21 of parents involved in certain controlled
22 substance crimes; amending s. 893.13, F.S.;
23 revising provisions relating to criminal
24 penalties for controlled substance violations
25 that result in serious injury to specified
26 individuals; creating s. 627.4107, F.S.;
27 prohibiting cancellation of life or health
28 insurance policies or certificates of specified
29 local, state, or federal employees due to
30 exposure to toxic chemicals or due to disease
31 or injury incurred in their duties related to
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Florida Senate - 2006 COMMITTEE AMENDMENT
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1 controlled substance law violations committed
2 by others; clarifying that cancellation or
3 nonrenewal otherwise authorized under the
4 Florida Insurance Code for circumstances
5 involving fraud or intentional
6 misrepresentation is not prohibited; providing
7 penalties; amending s. 907.041, F.S.; revising
8 a definition; revising provisions relating to
9 pretrial release of certain defendants charged
10 with certain controlled substance offenses;
11 amending ss. 465.016, 465.023, 856.015,
12 893.135, 944.47, 951.22, and 985.4046, F.S.;
13 conforming cross-references; providing an
14 effective date.
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