HB 35

1	A bill to be entitled
2	An act relating to the abatement of drug paraphernalia;
3	creating the Drug Paraphernalia Abatement Task Force
4	within the Executive Office of the Governor; prescribing
5	task force membership; providing for meetings and duties
6	of the task force; providing that meetings and records of
7	the task force are subject to statutory public meetings
8	and records requirements; providing for members of the
9	task force to be reimbursed for per diem and travel
10	expenses; requiring the Office of Drug Control within the
11	Executive Office of the Governor to provide staff support;
12	requiring reports; requiring cooperation by state
13	agencies; abolishing the task force on a specified date;
14	providing an effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1.  Drug Paraphernalia Abatement Task Force.--
19	(1)(a)  There is created within the Executive Office of the
20	Governor the Drug Paraphernalia Abatement Task Force for the
21	purpose of recommending strategies and actions for abating
22	access to and the use and proliferation of drug paraphernalia,
23	as that term is defined in s. 893.145, Florida Statutes.
24	(b)  The task force shall consist of the following eight
25	members:
26	1.  The Secretary of Business and Professional Regulation
27	or his or her designee.
28	2.  The director of the Office of Drug Control within the
29	Executive Office of the Governor.
30	3.  A representative from a corporation that is licensed to
31	do business in this state and that sells any of the items
32	described in s. 893.145, Florida Statutes, that may be used as
33	drug paraphernalia.
34	4.  A local law enforcement official or officer.
35	5.  A member of a faith-based community.
36	6.  A superintendent of a school district or a principal of
37	a secondary school.
38	7.  A member of a community organization concerned about
39	issues relating to illicit activities involving controlled
40	substances, including access to and the use and proliferation of
41	drug paraphernalia.
42	8.  A former or recovering drug addict.
43	(c)  Members of the task force shall be appointed by the
44	Governor by July 1, 2006, and shall be representative of the
45	geographic regions and ethnic and gender diversity of this
46	state. The first meeting of the task force shall be held by July
47	15, 2006, at which time the members shall select by majority
48	vote a chairperson from among the task force members. All
49	recommendations of the task force shall be by majority vote.
50	(d)  The task force shall meet at the call of the
51	chairperson and shall conduct at least three public meetings,
52	which shall be held in localities throughout this state that
53	have a significant urban business district or have experienced
54	problems with illicit controlled-substance activity resulting,
55	in part, from access to and the use and proliferation of drug
56	paraphernalia.
57	(e)  Meetings of the task force shall be open to the public
58	and are subject to the requirements of chapter 286, Florida
59	Statutes. Records of the task force are public records and
60	subject to the requirements of chapter 119, Florida Statutes,
61	except to the extent that public access to any of those records
62	may be restricted pursuant to that chapter.
63	(f)  Members of the task force shall serve without
64	compensation but are entitled to reimbursement for per diem and
65	travel expenses in accordance with s. 112.061, Florida Statutes.
66	(g)  The Office of Drug Control within the Executive Office
67	of the Governor shall provide staff support for the task force
68	within existing appropriations.
69	(2)(a)  The task force shall study and take testimony
70	regarding:
71	1.  The nature and extent of the problem of access to and
72	the use and proliferation of drug paraphernalia in this state,
73	including the extent to which the marketing, selling, or
74	purchasing of items that may be used as drug paraphernalia may
75	contribute to that problem.
76	2.  Businesses that sell items that may be used as drug
77	paraphernalia, including, but not limited to, consideration of:
78	a.  The types, ownership, organization, and operation of
79	those businesses.
80	b.  The regulation of those businesses and the state and
81	federal laws applicable to them.
82	c.  The marketing or selling of those items by those
83	businesses.
84	d.  The inventory and sale of those items relative to the
85	total inventory and total sales of those businesses.
86	e.  Measures taken by those businesses to restrict
87	purchases of those items by minors or otherwise restrict
88	purchases of those items.
89	f.  The clientele of those businesses.
90	g.  The prevalence of civil or criminal enforcement actions
91	taken against those businesses for violations of state or
92	federal rules or laws that are relevant to prohibited activities
93	involving drug paraphernalia.
94	h.  The location of those businesses relative to the
95	location of schools; churches or places of worship;
96	neighborhoods; and buildings, facilities, and areas where
97	children may regularly congregate.
98	i.  The opinions and concerns of local residents, community
99	and neighborhood activists and leaders, faith-based community
100	members and leaders, school personnel and students, businesses,
101	service providers, local law enforcement officials and officers,
102	and local government officials regarding those businesses.
103	j.  Local or community efforts to restrict or regulate
104	those businesses.
105	3.  Current rules and laws and current efforts by
106	regulatory agencies and law enforcement agencies to abate access
107	to and the use and proliferation of drug paraphernalia in this
108	state, including, but not limited to, consideration of whether
109	it is necessary to amend those rules or laws or propose new
110	rules or new legislation.
111	4.  Approaches to abate access to and the use and
112	proliferation of drug paraphernalia, including, but not limited
113	to:
114	a.  Conforming the rules or laws of this state to federal
115	rules or laws that are relevant to abating access to and the use
116	and proliferation of drug paraphernalia.
117	b.  Restricting the marketing, selling, or purchasing of
118	any item that may be used as drug paraphernalia and legal
119	concerns relevant to that restriction.
120	c.  Adopting provisions of rules or laws of other states
121	that are relevant to abating access to and the use and
122	proliferation of drug paraphernalia.
123	5.  Any other subject that is relevant to abating access to
124	and the use and proliferation of drug paraphernalia.
125	(b)  The task force shall submit a preliminary draft report
126	of its findings and recommendations to the Governor, the
127	President of the Senate, and the Speaker of the House of
128	Representatives at least 45 days before the first day of the
129	2007 Regular Session of the Legislature. The final report shall
130	be filed with the Governor, the President of the Senate, and the
131	Speaker of the House of Representatives at least 30 days before
132	the first day of the 2007 Regular Session. In addition to the
133	findings and recommendations included in the final report, the
134	report must include a draft of proposed rules and proposed
135	legislation for any recommendations requiring proposed rules and
136	proposed legislation.
137	(c)  Each state agency shall fully cooperate with the task
138	force in the performance of its duties.
139	(3)(a)  All meetings of the task force and all business of
140	the task force for which reimbursement may be requested shall be
141	concluded before the final report is filed.
142	(b)  The task force is abolished July 1, 2007.
143	Section 2.  This act shall take effect upon becoming a law.

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