Senate Bill sb2356c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                           CS for SB 2356

    By the Committee on Judiciary; and Senator Baker





    590-2329-06

  1                      A bill to be entitled

  2         An act relating to controlled substances;

  3         amending s. 39.301, F.S.; requiring the

  4         Department of Children and Family Services to

  5         file a petition for dependency for the children

  6         of parents involved in certain controlled

  7         substance crimes; amending s. 893.13, F.S.;

  8         revising provisions relating to criminal

  9         penalties for controlled substance violations

10         that result in serious injury to specified

11         individuals; creating s. 627.4107, F.S.;

12         prohibiting cancellation of life or health

13         insurance policies or certificates of specified

14         local, state, or federal employees due to

15         exposure to toxic chemicals or due to disease

16         or injury incurred in their duties related to

17         controlled substance law violations committed

18         by others; clarifying that cancellation or

19         nonrenewal otherwise authorized under the

20         Florida Insurance Code for circumstances

21         involving fraud or intentional

22         misrepresentation is not prohibited; providing

23         penalties; amending s. 907.041, F.S.; revising

24         a definition; revising provisions relating to

25         pretrial release of certain defendants charged

26         with certain controlled substance offenses;

27         amending ss. 465.016, 465.023, 856.015,

28         893.135, 944.47, 951.22, and 985.4046, F.S.;

29         conforming cross-references; providing an

30         effective date.

31  

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                           CS for SB 2356
    590-2329-06




 1  Be It Enacted by the Legislature of the State of Florida:

 2  

 3         Section 1.  Paragraph (b) of subsection (8) of section

 4  39.301, Florida Statutes, is amended to read:

 5         39.301  Initiation of protective investigations.--

 6         (8)  The person responsible for the investigation shall

 7  make a preliminary determination as to whether the report is

 8  complete, consulting with the attorney for the department when

 9  necessary. In any case in which the person responsible for the

10  investigation finds that the report is incomplete, he or she

11  shall return it without delay to the person or agency

12  originating the report or having knowledge of the facts, or to

13  the appropriate law enforcement agency having investigative

14  jurisdiction, and request additional information in order to

15  complete the report; however, the confidentiality of any

16  report filed in accordance with this chapter shall not be

17  violated.

18         (b)  If it is determined that the child is in need of

19  the protection and supervision of the court, the department

20  shall file a petition for dependency. A petition for

21  dependency shall be filed in all cases classified by the

22  department as high-risk. Factors that the department may

23  consider in determining whether a case is high-risk include,

24  but are not limited to, the young age of the parents or legal

25  custodians, the use of illegal drugs, the arrest of the

26  parents or legal custodians on charges of manufacturing,

27  processing, disposing of, or storing, either temporarily or

28  permanently, any substances in violation of chapter 893, or

29  domestic violence.

30         Section 2.  Subsection (12) of section 893.13, Florida

31  Statutes, is amended to read:

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                           CS for SB 2356
    590-2329-06




 1         893.13  Prohibited acts; penalties.--

 2         (12)  If a person violates any provision of this

 3  chapter and the violation results in a serious injury to a

 4  state or local law enforcement officer as defined in s.

 5  943.10, firefighter as defined in s. 633.30, emergency medical

 6  technician as defined in s. 401.23, paramedic as defined in s.

 7  401.23, employee of a public utility or an electric utility as

 8  defined in s. 366.02, animal control officer as defined in s.

 9  828.27, volunteer firefighter engaged by state or local

10  government, law enforcement officer employed by the Federal

11  Government, or any other local, state, or Federal Government

12  employee injured during the course and scope of his or her

13  employment state, local, or federal law enforcement officer,

14  the person commits a felony of the third degree, punishable as

15  provided in s. 775.082, s. 775.083, or s. 775.084. If the

16  injury sustained results in death or great bodily harm, the

17  person commits a felony of the second degree, punishable as

18  provided in s. 775.082, s. 775.083, or s. 775.084.

19         Section 3.  Section 627.4107, Florida Statutes, is

20  created to read:

21         627.4107  Government employees exposed to toxic drug

22  chemicals; cancellation of life or health policy or

23  certificate prohibited.--No life or health insurer may cancel

24  or nonrenew a life or health insurance policy or certificate

25  of insurance providing coverage to a state or local law

26  enforcement officer as defined in s. 943.10, firefighter as

27  defined in s. 633.30, emergency medical technician as defined

28  in s. 401.23, or paramedic as defined in s. 401.23, a

29  volunteer firefighter engaged by state or local government, a

30  law enforcement officer employed by the Federal Government, or

31  any other local, state, or Federal Government employee solely

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                           CS for SB 2356
    590-2329-06




 1  based on the fact that the individual has been exposed to

 2  toxic chemicals or suffered injury or disease as a result of

 3  the individual's lawful duties arising out of the commission

 4  of a violation of chapter 893 by another person. This section

 5  does not apply to any person who commits an offense under

 6  chapter 893. This section does not prohibit an insurer from

 7  canceling or nonrenewing an insurance policy, as permitted

 8  under the Florida Insurance Code, based on an act or practice

 9  of the policyholder which constitutes fraud or intentional

10  misrepresentation of material fact by the policyholder.

11         Section 4.  Paragraph (a) of subsection (4) of section

12  907.041, Florida Statutes, is amended, and paragraph (l) is

13  added to that subsection, to read:

14         907.041  Pretrial detention and release.--

15         (4)  PRETRIAL DETENTION.--

16         (a)  As used in this subsection, "dangerous crime"

17  means any of the following:

18         1.  Arson;

19         2.  Aggravated assault;

20         3.  Aggravated battery;

21         4.  Illegal use of explosives;

22         5.  Child abuse or aggravated child abuse;

23         6.  Abuse of an elderly person or disabled adult, or

24  aggravated abuse of an elderly person or disabled adult;

25         7.  Aircraft piracy;

26         8.  Kidnapping;

27         9.  Homicide;

28         10.  Manslaughter;

29         11.  Sexual battery;

30         12.  Robbery;

31         13.  Carjacking;

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                           CS for SB 2356
    590-2329-06




 1         14.  Lewd, lascivious, or indecent assault or act upon

 2  or in presence of a child under the age of 16 years;

 3         15.  Sexual activity with a child, who is 12 years of

 4  age or older but less than 18 years of age, by or at

 5  solicitation of person in familial or custodial authority;

 6         16.  Burglary of a dwelling;

 7         17.  Stalking and aggravated stalking;

 8         18.  Act of domestic violence as defined in s. 741.28;

 9         19.  Home invasion robbery;

10         20.  Act of terrorism as defined in s. 775.30; and

11         21.  Manufacturing any substances in violation of

12  chapter 893; and

13         22.21.  Attempting or conspiring to commit any such

14  crime.

15         (l)  The Legislature finds that a person who

16  manufactures any substances in violation of chapter 893 poses

17  a threat of harm to the community and that the factual

18  circumstances of such a crime indicate a disregard for the

19  safety of the community. The court shall order pretrial

20  detention if the court finds that there is a substantial

21  probability that a defendant charged with manufacturing any

22  substances in violation of chapter 893 committed such a crime,

23  and if the court finds that there are no conditions of release

24  reasonably sufficient to protect the community from the risk

25  of physical harm to persons.

26         Section 5.  Paragraph (s) of subsection (1) of section

27  465.016, Florida Statutes, is amended to read:

28         465.016  Disciplinary actions.--

29         (1)  The following acts constitute grounds for denial

30  of a license or disciplinary action, as specified in s.

31  456.072(2):

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                           CS for SB 2356
    590-2329-06




 1         (s)  Dispensing any medicinal drug based upon a

 2  communication that purports to be a prescription as defined by

 3  s. 465.003(14) or s. 893.02(20) when the pharmacist knows or

 4  has reason to believe that the purported prescription is not

 5  based upon a valid practitioner-patient relationship.

 6         Section 6.  Paragraph (e) of subsection (1) of section

 7  465.023, Florida Statutes, is amended to read:

 8         465.023  Pharmacy permittee; disciplinary action.--

 9         (1)  The department or the board may revoke or suspend

10  the permit of any pharmacy permittee, and may fine, place on

11  probation, or otherwise discipline any pharmacy permittee who

12  has:

13         (e)  Dispensed any medicinal drug based upon a

14  communication that purports to be a prescription as defined by

15  s. 465.003(14) or s. 893.02(20) when the pharmacist knows or

16  has reason to believe that the purported prescription is not

17  based upon a valid practitioner-patient relationship that

18  includes a documented patient evaluation, including history

19  and a physical examination adequate to establish the diagnosis

20  for which any drug is prescribed and any other requirement

21  established by board rule under chapter 458, chapter 459,

22  chapter 461, chapter 463, chapter 464, or chapter 466.

23         Section 7.  Paragraph (c) of subsection (1) of section

24  856.015, Florida Statutes, is amended to read:

25         856.015  Open house parties.--

26         (1)  Definitions.--As used in this section:

27         (c)  "Drug" means a controlled substance, as that term

28  is defined in ss. 893.02(4) and 893.03.

29         Section 8.  Subsection (6) of section 893.135, Florida

30  Statutes, is amended to read:

31  

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                           CS for SB 2356
    590-2329-06




 1         893.135  Trafficking; mandatory sentences; suspension

 2  or reduction of sentences; conspiracy to engage in

 3  trafficking.--

 4         (6)  A mixture, as defined in s. 893.02(14), containing

 5  any controlled substance described in this section includes,

 6  but is not limited to, a solution or a dosage unit, including

 7  but not limited to, a pill or tablet, containing a controlled

 8  substance. For the purpose of clarifying legislative intent

 9  regarding the weighing of a mixture containing a controlled

10  substance described in this section, the weight of the

11  controlled substance is the total weight of the mixture,

12  including the controlled substance and any other substance in

13  the mixture. If there is more than one mixture containing the

14  same controlled substance, the weight of the controlled

15  substance is calculated by aggregating the total weight of

16  each mixture.

17         Section 9.  Paragraph (a) of subsection (1) of section

18  944.47, Florida Statutes, is amended to read:

19         944.47  Introduction, removal, or possession of certain

20  articles unlawful; penalty.--

21         (1)(a)  Except through regular channels as authorized

22  by the officer in charge of the correctional institution, it

23  is unlawful to introduce into or upon the grounds of any state

24  correctional institution, or to take or attempt to take or

25  send or attempt to send therefrom, any of the following

26  articles which are hereby declared to be contraband for the

27  purposes of this section, to wit:

28         1.  Any written or recorded communication or any

29  currency or coin given or transmitted, or intended to be given

30  or transmitted, to any inmate of any state correctional

31  institution.

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                           CS for SB 2356
    590-2329-06




 1         2.  Any article of food or clothing given or

 2  transmitted, or intended to be given or transmitted, to any

 3  inmate of any state correctional institution.

 4         3.  Any intoxicating beverage or beverage which causes

 5  or may cause an intoxicating effect.

 6         4.  Any controlled substance as defined in s. 893.02(4)

 7  or any prescription or nonprescription drug having a hypnotic,

 8  stimulating, or depressing effect.

 9         5.  Any firearm or weapon of any kind or any explosive

10  substance.

11         Section 10.  Subsection (1) of section 951.22, Florida

12  Statutes, is amended to read:

13         951.22  County detention facilities; contraband

14  articles.--

15         (1)  It is unlawful, except through regular channels as

16  duly authorized by the sheriff or officer in charge, to

17  introduce into or possess upon the grounds of any county

18  detention facility as defined in s. 951.23 or to give to or

19  receive from any inmate of any such facility wherever said

20  inmate is located at the time or to take or to attempt to take

21  or send therefrom any of the following articles which are

22  hereby declared to be contraband for the purposes of this act,

23  to wit: Any written or recorded communication; any currency or

24  coin; any article of food or clothing; any tobacco products as

25  defined in s. 210.25(11); any cigarette as defined in s.

26  210.01(1); any cigar; any intoxicating beverage or beverage

27  which causes or may cause an intoxicating effect; any

28  narcotic, hypnotic, or excitative drug or drug of any kind or

29  nature, including nasal inhalators, sleeping pills,

30  barbiturates, and controlled substances as defined in s.

31  893.02(4); any firearm or any instrumentality customarily used

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                           CS for SB 2356
    590-2329-06




 1  or which is intended to be used as a dangerous weapon; and any

 2  instrumentality of any nature that may be or is intended to be

 3  used as an aid in effecting or attempting to effect an escape

 4  from a county facility.

 5         Section 11.  Paragraph (a) of subsection (1) of section

 6  985.4046, Florida Statutes, is amended to read:

 7         985.4046  Introduction, removal, or possession of

 8  certain articles unlawful; penalty.--

 9         (1)(a)  Except as authorized through program policy or

10  operating procedure or as authorized by the facility

11  superintendent, program director, or manager, a person may not

12  introduce into or upon the grounds of a juvenile detention

13  facility or commitment program, or take or send, or attempt to

14  take or send, from a juvenile detention facility or commitment

15  program, any of the following articles, which are declared to

16  be contraband under this section:

17         1.  Any unauthorized article of food or clothing.

18         2.  Any intoxicating beverage or any beverage that

19  causes or may cause an intoxicating effect.

20         3.  Any controlled substance, as defined in s.

21  893.02(4), or any prescription or nonprescription drug that

22  has a hypnotic, stimulating, or depressing effect.

23         4.  Any firearm or weapon of any kind or any explosive

24  substance.

25         Section 12.  This act shall take effect July 1, 2006.

26  

27  

28  

29  

30  

31  

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                           CS for SB 2356
    590-2329-06




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 2356

 3                                 

 4  The committee substitute makes the following changes to the
    underlying bill:
 5  
    --   Revises language to remove references to "cooking" of
 6       controlled substances;

 7  --   Removes provision that would have provided a definition
         for "clandestine laboratories" in the controlled
 8       substances chapter;

 9  --   Removes this bill's prohibition on private insurers
         refusing to insure a first responder who has been exposed
10       to toxic chemicals or suffered injury or disease as a
         result of exposure to toxic chemicals as the result of
11       another's violation under ch. 983, F.S.;

12  --   Adds language cross-referencing to the Insurance Code to
         address the possibility of fraud in situations involving
13       insurance for first responders; and

14  --   Revises language relating to pretrial detention for
         violations involving the manufacture of controlled
15       substances to require that a judge ordering pretrial
         detention make findings of both a substantial probability
16       that the defendant committed the crime and that the there
         are no terms of pretrial release that would be reasonably
17       certain to protect the community from physical harm.

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  10

CODING: Words stricken are deletions; words underlined are additions.