HB 0035

CS

CHAMBER ACTION

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

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