HB 7065CS

CHAMBER ACTION




1The Criminal Justice Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to clandestine laboratory contamination;
7amending s. 893.02, F.S.; providing definitions; creating
8s. 893.121, F.S.; providing for quarantine of any
9residential property where illegal clandestine laboratory
10activities occurred; providing for establishment of a
11uniform notice and a uniform letter of notification;
12providing for posting of specified notice at the site of a
13quarantine; providing requirements for the sending of a
14specified letter of notification to a residential property
15owner or manager; providing for petitions by certain
16persons in circuit court to lift such quarantines under
17certain conditions; prohibiting specified violations
18relating to such quarantines; creating s. 893.122, F.S.;
19permitting demolition of quarantined residential property
20under certain conditions; providing immunity from health-
21based civil actions for residential property owners who
22have met specified clandestine laboratory decontamination
23standards as evidenced by specified documentation;
24providing an exception to such immunity for persons
25convicted of manufacturing controlled substances at the
26site; creating s. 893.123, F.S.; providing for rulemaking
27to adopt clandestine laboratory decontamination standards;
28providing for certificates of fitness to indicate that
29decontamination has been completed; providing requirements
30for the lifting of a quarantine upon demolition of the
31property; creating s. 893.124, F.S.; requiring the
32Department of Health to specify requirements for persons
33authorized to perform decontamination and contamination
34assessments; requiring the department to compile and
35maintain lists of decontamination and contamination
36assessment specialists; providing responsibilities for
37decontamination specialists; permitting decontamination
38and contamination assessment specialists to request
39specified documents; providing for the issuance of
40certificates of fitness by contamination assessment
41specialists; amending ss. 465.016, 465.023, 856.015,
42893.135, 944.47, 951.22, and 985.4046, F.S.; conforming
43cross-references; providing an effective date.
44
45     WHEREAS, methamphetamine use and production is increasing
46throughout the state, and
47     WHEREAS, in places where methamphetamine production has
48occurred, significant levels of chemical contamination may be
49found, especially in residential properties when the
50contamination is not decontaminated, and
51     WHEREAS, children are susceptible to environmental
52toxicants via the skin, and the ingestion of residual
53methamphetamine is considered to be a result of hand-to-mouth
54activities, and
55     WHEREAS, studies on methamphetamine use during pregnancy
56showed an increased incidence of intrauterine growth
57retardation, prematurity, and perinatal complications, and
58     WHEREAS, once clandestine laboratories have been seized,
59the public may continue to be harmed by the illegal dumping of
60chemical byproducts and the chemical residues that remain on the
61residential property, and
62     WHEREAS, there are no statewide standards for determining
63when a site of a seized clandestine laboratory has been
64successfully decontaminated, and
65     WHEREAS, the Legislature finds that this act is necessary
66for the immediate preservation of the public health, safety, and
67welfare and fulfills an important state interest, NOW,
68THEREFORE,
69
70Be It Enacted by the Legislature of the State of Florida:
71
72     Section 1.  Section 893.02, Florida Statutes, is amended to
73read:
74     893.02  Definitions.--The following words and phrases as
75used in this chapter shall have the following meanings, unless
76the context otherwise requires:
77     (1)  "Administer" means the direct application of a
78controlled substance, whether by injection, inhalation,
79ingestion, or any other means, to the body of a person or
80animal.
81     (2)  "Analog" or "chemical analog" means a structural
82derivative of a parent compound that is a controlled substance.
83     (3)  "Cannabis" means all parts of any plant of the genus
84Cannabis, whether growing or not; the seeds thereof; the resin
85extracted from any part of the plant; and every compound,
86manufacture, salt, derivative, mixture, or preparation of the
87plant or its seeds or resin.
88     (4)  "Clandestine laboratory" means any location and
89proximate areas set aside or used that are likely to be
90contaminated as a result of manufacturing, processing, cooking,
91disposing, or storing, either temporarily or permanently, any
92substances in violation of this chapter, except as such
93activities are authorized in chapter 499.
94     (5)  "Contaminated" or "contamination" means containing
95levels of chemicals at or above the levels defined by the
96department pursuant to s. 893.123(1) as a result of clandestine
97laboratory activity.
98     (6)  "Contamination assessment specialist" or
99"contamination assessor" means a person responsible for
100assessing the extent of contamination and decontamination by
101determining the indoor air quality in a residential property
102based on the standards defined by the department. Upon the
103conclusion of decontamination, a residential property must
104successfully test less than or equal to the values defined by
105the department. The person must have specialized training that
106provides him or her with the knowledge, skills, and abilities to
107use quantitative measurement techniques in collecting and
108assessing specified contamination levels that have the ability
109to impair human health and well-being.
110     (7)(4)  "Controlled substance" means any substance named or
111described in Schedules I-V of s. 893.03. Laws controlling the
112manufacture, distribution, preparation, dispensing, or
113administration of such substances are drug abuse laws.
114     (8)  "Decontamination" means the process of reducing the
115levels of contaminants to the levels defined by the department
116pursuant to s. 893.123(1) that allow human reoccupancy using
117currently available methods and processes.
118     (9)  "Decontamination specialist" means a person
119responsible for the cleanup, treatment, repair, removal, and
120decontamination of contaminated materials located in a
121residential property where clandestine laboratory activities
122occurred. The person must have the knowledge, skills, and
123ability to prescribe methods to eliminate, control, or reduce
124contamination; and must have been trained in the removal,
125storage, transport, and disposal of hazardous chemicals or
126chemical residues commonly associated with clandestine
127laboratory activities.
128     (10)(5)  "Deliver" or "delivery" means the actual,
129constructive, or attempted transfer from one person to another
130of a controlled substance, whether or not there is an agency
131relationship.
132     (11)(9)  "Department" means the Department of Health.
133     (12)(6)  "Dispense" means the transfer of possession of one
134or more doses of a medicinal drug by a pharmacist or other
135licensed practitioner to the ultimate consumer thereof or to one
136who represents that it is his or her intention not to consume or
137use the same but to transfer the same to the ultimate consumer
138or user for consumption by the ultimate consumer or user.
139     (13)(7)  "Distribute" means to deliver, other than by
140administering or dispensing, a controlled substance.
141     (14)(8)  "Distributor" means a person who distributes.
142     (15)(10)  "Hospital" means an institution for the care and
143treatment of the sick and injured, licensed pursuant to the
144provisions of chapter 395 or owned or operated by the state or
145Federal Government.
146     (16)(11)  "Laboratory" means a laboratory approved by the
147Drug Enforcement Administration as proper to be entrusted with
148the custody of controlled substances for scientific, medical, or
149instructional purposes or to aid law enforcement officers and
150prosecuting attorneys in the enforcement of this chapter.
151     (17)(12)  "Listed chemical" means any precursor chemical or
152essential chemical named or described in s. 893.033.
153     (18)(13)(a)  "Manufacture" means the production,
154preparation, propagation, compounding, cultivating, growing,
155conversion, or processing of a controlled substance, either
156directly or indirectly, by extraction from substances of natural
157origin, or independently by means of chemical synthesis, or by a
158combination of extraction and chemical synthesis, and includes
159any packaging of the substance or labeling or relabeling of its
160container, except that this term does not include the
161preparation, compounding, packaging, or labeling of a controlled
162substance by:
163     1.  A practitioner or pharmacist as an incident to his or
164her administering or delivering of a controlled substance in the
165course of his or her professional practice.
166     2.  A practitioner, or by his or her authorized agent under
167the practitioner's supervision, for the purpose of, or as an
168incident to, research, teaching, or chemical analysis, and not
169for sale.
170     (b)  "Manufacturer" means and includes every person who
171prepares, derives, produces, compounds, or repackages any drug
172as defined by the Florida Drug and Cosmetic Act. However, this
173definition does not apply to manufacturers of patent or
174proprietary preparations as defined in the Florida Pharmacy Act.
175Pharmacies, and pharmacists employed thereby, are specifically
176excluded from this definition.
177     (19)(14)  "Mixture" means any physical combination of two
178or more substances.
179     (20)(15)  "Patient" means an individual to whom a
180controlled substance is lawfully dispensed or administered
181pursuant to the provisions of this chapter.
182     (21)(16)  "Pharmacist" means a person who is licensed
183pursuant to chapter 465 to practice the profession of pharmacy
184in this state.
185     (22)(17)  "Possession" includes temporary possession for
186the purpose of verification or testing, irrespective of dominion
187or control.
188     (23)(18)  "Potential for abuse" means that a substance has
189properties of a central nervous system stimulant or depressant
190or an hallucinogen that create a substantial likelihood of its
191being:
192     (a)  Used in amounts that create a hazard to the user's
193health or the safety of the community;
194     (b)  Diverted from legal channels and distributed through
195illegal channels; or
196     (c)  Taken on the user's own initiative rather than on the
197basis of professional medical advice.
198
199Proof of potential for abuse can be based upon a showing that
200these activities are already taking place, or upon a showing
201that the nature and properties of the substance make it
202reasonable to assume that there is a substantial likelihood that
203such activities will take place, in other than isolated or
204occasional instances.
205     (24)(19)  "Practitioner" means a physician licensed
206pursuant to chapter 458, a dentist licensed pursuant to chapter
207466, a veterinarian licensed pursuant to chapter 474, an
208osteopathic physician licensed pursuant to chapter 459, a
209naturopath licensed pursuant to chapter 462, or a podiatric
210physician licensed pursuant to chapter 461, provided such
211practitioner holds a valid federal controlled substance registry
212number.
213     (25)(20)  "Prescription" means and includes an order for
214drugs or medicinal supplies written, signed, or transmitted by
215word of mouth, telephone, telegram, or other means of
216communication by a duly licensed practitioner licensed by the
217laws of the state to prescribe such drugs or medicinal supplies,
218issued in good faith and in the course of professional practice,
219intended to be filled, compounded, or dispensed by another
220person licensed by the laws of the state to do so, and meeting
221the requirements of s. 893.04. The term also includes an order
222for drugs or medicinal supplies so transmitted or written by a
223physician, dentist, veterinarian, or other practitioner licensed
224to practice in a state other than Florida, but only if the
225pharmacist called upon to fill such an order determines, in the
226exercise of his or her professional judgment, that the order was
227issued pursuant to a valid patient-physician relationship, that
228it is authentic, and that the drugs or medicinal supplies so
229ordered are considered necessary for the continuation of
230treatment of a chronic or recurrent illness. However, if the
231physician writing the prescription is not known to the
232pharmacist, the pharmacist shall obtain proof to a reasonable
233certainty of the validity of said prescription. A prescription
234order for a controlled substance shall not be issued on the same
235prescription blank with another prescription order for a
236controlled substance which is named or described in a different
237schedule, nor shall any prescription order for a controlled
238substance be issued on the same prescription blank as a
239prescription order for a medicinal drug, as defined in s.
240465.031(5), which does not fall within the definition of a
241controlled substance as defined in this act.
242     (26)  "Residential property" means a dwelling unit used, or
243intended for use, by an individual or individuals as a permanent
244residence. The term includes improved real property of between
245one and four dwellings; a condominium unit, as defined in s.
246718.103(27); a cooperative unit, as defined in s. 719.103(24);
247or a mobile home or manufactured home, as defined in s.
248320.01(2). The term does not include a hotel, motel, campground,
249marina, or timeshare unit.
250     (27)(21)  "Wholesaler" means any person who acts as a
251jobber, wholesale merchant, or broker, or an agent thereof, who
252sells or distributes for resale any drug as defined by the
253Florida Drug and Cosmetic Act. However, this definition does not
254apply to persons who sell only patent or proprietary
255preparations as defined in the Florida Pharmacy Act. Pharmacies,
256and pharmacists employed thereby, are specifically excluded from
257this definition.
258     Section 2.  Section 893.121, Florida Statutes, is created
259to read:
260     893.121  Quarantine of a clandestine laboratory.--
261     (1)  The purpose of the quarantine provided for in this
262section is to prevent exposure of any person to the hazards
263associated with clandestine laboratory activities and provide
264protection from unsafe conditions that pose a threat to the
265public health, safety, and welfare. The department has the
266authority to quarantine residential property under s. 381.0011.
267     (2)  Whenever a sheriff, police officer, or other law
268enforcement entity secures evidence from a residential property
269in which illegal clandestine laboratory activities occurred, the
270department must quarantine the property. The local law
271enforcement entity securing evidence shall enforce a quarantine
272on the residential property as part of its duty to assist the
273department under s. 381.0012(5). Enforcement does not require
274the 24-hour posting of law enforcement personnel. The
275residential property shall remain quarantined until the
276department receives a certificate of fitness documenting that
277the property was decontaminated as defined by the department
278pursuant to s. 893.123 or demolished in accordance with s.
279893.122(1), or a court order is presented requiring the
280quarantine to be lifted.
281     (3)  The department shall adopt rules pursuant to ss.
282120.536(1) and 120.54 to establish a uniform notice to post at
283the site of a quarantined clandestine laboratory and a uniform
284letter of notification of the quarantine to be sent to the
285residential property owner or manager. It is the responsibility
286of local law enforcement to post the notice of a quarantine on
287the residential property, and it is the responsibility of the
288department to mail the letter of notification. The material in
289the letter and notice shall include, but not be limited to:
290     (a)  That the residential property has been quarantined and
291a clandestine laboratory was seized on or inside the residential
292property.
293     (b)  The date of the quarantine.
294     (c)  The name and contact telephone number of the law
295enforcement entity posting the quarantine.
296     (d)  A statement specifying that hazardous substances,
297toxic chemicals, or other hazardous waste products may have been
298present and may remain on or inside the residential property and
299that exposure to the substances may be harmful and may pose a
300threat to public health and the environment.
301     (e)  A statement that it is unlawful for an unauthorized
302person to enter the contaminated residential property and that
303the removal of any notice of the quarantine is a second degree
304misdemeanor under s. 381.0025(1).
305     (f)  A statement, in the notification letter, explaining
306how to have the quarantine lifted.
307     (4)  Upon securing evidence from a residential property in
308which illegal clandestine laboratory activities occurred, the
309local law enforcement entity shall immediately notify the local
310health officer and the department's Division of Environmental
311Health that a residential property is quarantined and shall
312provide the name and contact information of the law enforcement
313entity, the name of the residential property owner or
314residential property manager, and the address of the property.
315     (5)  To the extent possible, the department shall mail the
316letter of notification to the residential property owner or the
317manager of the residential property within 5 working days from
318the date of quarantine notifying the owner or manager that a
319clandestine laboratory was found on the property and that the
320property has been quarantined. The department shall also include
321a list of contamination assessment specialists and
322decontamination specialists and any other information deemed
323appropriate by the department to the residential property owner
324or manager.
325     (6)  Any person who has an interest in a residential
326property that is quarantined pursuant to this section may file a
327petition in the circuit court in which the residential property
328is located to request a court order that the quarantine of the
329residential property be lifted for one of the following reasons:
330     (a)  The residential property was wrongfully quarantined;
331or
332     (b)  The residential property has been properly
333decontaminated as defined by the department pursuant to s.
334893.123 or demolished pursuant to s. 893.122(1) and may be
335reoccupied for habitation, but the department refuses or fails
336to lift the quarantine.
337     (7)  No person shall inhabit a quarantined residential
338property, offer the residential property to the public for
339temporary or indefinite habitation, or remove any notice of the
340quarantine. Any person who willfully violates a provision of
341this subsection commits a second degree misdemeanor under s.
342381.0025(1).
343     Section 3.  Section 893.122, Florida Statutes, is created
344to read:
345     893.122  Option of demolition; immunity from liability from
346health-based civil actions.--
347     (1)  A residential property owner shall, upon notification
348from the department that clandestine laboratory activities have
349occurred in a property owned by that owner and that the property
350is quarantined, meet the decontamination standards as defined by
351the department pursuant to s. 893.123 unless the property owner,
352at the owner's discretion, elects to demolish the contaminated
353residential property. The demolition and removal of materials
354must meet the requirements of the Occupational Safety and Health
355Administration and the United States Environmental Protection
356Agency regulations pertaining to the generation, storage,
357transport, and disposal of hazardous wastes and any state or
358local requirements.
359     (2)  A residential property owner who has met the
360decontamination standards, as evidenced by a certificate of
361fitness and a letter of reoccupancy pursuant to s.893.123, or
362has demolished the residential property in compliance with
363subsection (1), shall have immunity from health-based civil
364actions brought by any future owner, renter, or other person who
365occupies such residential property, or a neighbor of such
366residential property, in which the alleged cause of the injury
367or loss is the existence of the clandestine laboratory. However,
368a person with a conviction, as defined in s. 944.607, for the
369manufacture of any substance regulated under this chapter on the
370residential property where clandestine laboratory activities
371occurred shall not have the immunity provided in this
372subsection.
373     Section 4.  Section 893.123, Florida Statutes, is created
374to read:
375     893.123  Clandestine laboratory decontamination standards,
376certificate of fitness, and letter of reoccupancy.--
377     (1)  The department shall adopt rules pursuant to ss.
378120.536(1) and 120.54 that establish:
379     (a)  Standards for indoor air quality regarding levels of
380contaminants produced by clandestine laboratory activities to
381include methamphetamine, lead, mercury, and volatile organic
382compounds. These standards must be consistent with values
383commonly used by other states or comply with national standards.
384     (b)  Standards for the cleanup and testing of clandestine
385laboratories.
386     (c)  A certificate of fitness that shall act as appropriate
387documentation that a residential property has been
388decontaminated in accordance with specified standards. The
389certificate of fitness shall be submitted to the department by a
390contamination assessment specialist. The certificate of fitness
391shall include, but is not limited to:
392     1.  The name of the residential property owner, the mailing
393and street address of the residential property owner, and, if
394applicable, the parcel identification of the residential
395property.
396     2.  The dates the residential property was quarantined and
397cleanup was completed.
398     3.  A summary of the indoor air quality test results,
399findings, and conclusions as determined by a contamination
400assessment specialist.
401     4.  The name and address of the contamination assessment
402specialist.
403     5.  The name and address of the decontamination specialist.
404     6.  The method of repair, replacement, or decontamination
405of the residential property.
406     (d)  A letter of reoccupancy that will notify the
407residential property owner that the property may be reoccupied
408for habitation.
409     (2)  Upon receipt of the certificate of fitness, the
410department shall send a letter of reoccupancy to the residential
411property owner or manager and to the local law enforcement
412entity that enforced the quarantine and posted the notice. The
413letter of reoccupancy must include the address of the
414residential property, a statement that the quarantine is lifted,
415and a statement that the residential property may be reoccupied
416for habitation.
417     (3)  In the case of demolition, the department shall lift
418the quarantine on a residential property upon receipt of a
419letter presented by a demolition company stating that the
420quarantined property was demolished. The letter must include the
421address of the residential property and a statement that the
422demolition was performed in accordance to the requirements in s.
423893.122(1).
424     Section 5.  Section 893.124, Florida Statutes, is created
425to read:
426     893.124  Decontamination and contamination assessment
427specialists.--
428     (1)(a)  The department shall compile and maintain lists of
429decontamination and contamination assessment specialists. The
430lists shall be posted on the department's Internet website. The
431department shall indicate on the website whether the specialists
432are bonded and insured.
433     (b)  Persons authorized to perform decontamination or
434contamination assessments must have knowledge and skill in the
435handling of toxic substances. The department shall adopt rules
436pursuant to ss. 120.536(1) and 120.54 specifying the
437requirements for persons authorized to perform decontamination
438and contamination assessments. Decontamination specialists shall
439be responsible for ensuring that all hazardous substances, toxic
440chemicals, or other hazardous waste products that may have been
441present are removed from the residential property and disposed
442of in accordance with federal, state, and local laws and
443regulations.
444     (2)  In determining the level of contamination in a
445clandestine laboratory, the decontamination or contamination
446assessment specialist may request copies of any available law
447enforcement reports or information relating to the following:
448     (a)  The length of time the residential property was used
449as a clandestine laboratory.
450     (b)  The extent to which the residential property was
451exposed to chemicals used in clandestine laboratory activities.
452     (c)  The chemical processes that were involved in the
453clandestine laboratory activities.
454     (d)  The chemicals that were removed from the residential
455property.
456     (e)  The location of the clandestine laboratory activities
457in relation to the habitable areas of the residential property.
458     (3)  If the contamination assessment specialist determines
459that the residential property is not contaminated, the
460contamination assessment specialist shall prepare a certificate
461of fitness and submit the certificate to the department.
462     Section 6.  Paragraph (s) of subsection (1) of section
463465.016, Florida Statutes, is amended to read:
464     465.016  Disciplinary actions.--
465     (1)  The following acts constitute grounds for denial of a
466license or disciplinary action, as specified in s. 456.072(2):
467     (s)  Dispensing any medicinal drug based upon a
468communication that purports to be a prescription as defined by
469s. 465.003(14) or s. 893.02(20) when the pharmacist knows or has
470reason to believe that the purported prescription is not based
471upon a valid practitioner-patient relationship.
472     Section 7.  Paragraph (e) of subsection (1) of section
473465.023, Florida Statutes, is amended to read:
474     465.023  Pharmacy permittee; disciplinary action.--
475     (1)  The department or the board may revoke or suspend the
476permit of any pharmacy permittee, and may fine, place on
477probation, or otherwise discipline any pharmacy permittee who
478has:
479     (e)  Dispensed any medicinal drug based upon a
480communication that purports to be a prescription as defined by
481s. 465.003(14) or s. 893.02(20) when the pharmacist knows or has
482reason to believe that the purported prescription is not based
483upon a valid practitioner-patient relationship that includes a
484documented patient evaluation, including history and a physical
485examination adequate to establish the diagnosis for which any
486drug is prescribed and any other requirement established by
487board rule under chapter 458, chapter 459, chapter 461, chapter
488463, chapter 464, or chapter 466.
489     Section 8.  Paragraph (c) of subsection (1) of section
490856.015, Florida Statutes, is amended to read:
491     856.015  Open house parties.--
492     (1)  Definitions.--As used in this section:
493     (c)  "Drug" means a controlled substance, as that term is
494defined in ss. 893.02(4) and 893.03.
495     Section 9.  Subsection (6) of section 893.135, Florida
496Statutes, is amended to read:
497     893.135  Trafficking; mandatory sentences; suspension or
498reduction of sentences; conspiracy to engage in trafficking.--
499     (6)  A mixture, as defined in s. 893.02(14), containing any
500controlled substance described in this section includes, but is
501not limited to, a solution or a dosage unit, including but not
502limited to, a pill or tablet, containing a controlled substance.
503For the purpose of clarifying legislative intent regarding the
504weighing of a mixture containing a controlled substance
505described in this section, the weight of the controlled
506substance is the total weight of the mixture, including the
507controlled substance and any other substance in the mixture. If
508there is more than one mixture containing the same controlled
509substance, the weight of the controlled substance is calculated
510by aggregating the total weight of each mixture.
511     Section 10.  Paragraph (a) of subsection (1) of section
512944.47, Florida Statutes, is amended to read:
513     944.47  Introduction, removal, or possession of certain
514articles unlawful; penalty.--
515     (1)(a)  Except through regular channels as authorized by
516the officer in charge of the correctional institution, it is
517unlawful to introduce into or upon the grounds of any state
518correctional institution, or to take or attempt to take or send
519or attempt to send therefrom, any of the following articles
520which are hereby declared to be contraband for the purposes of
521this section, to wit:
522     1.  Any written or recorded communication or any currency
523or coin given or transmitted, or intended to be given or
524transmitted, to any inmate of any state correctional
525institution.
526     2.  Any article of food or clothing given or transmitted,
527or intended to be given or transmitted, to any inmate of any
528state correctional institution.
529     3.  Any intoxicating beverage or beverage which causes or
530may cause an intoxicating effect.
531     4.  Any controlled substance as defined in s. 893.02(4) or
532any prescription or nonprescription drug having a hypnotic,
533stimulating, or depressing effect.
534     5.  Any firearm or weapon of any kind or any explosive
535substance.
536     Section 11.  Subsection (1) of section 951.22, Florida
537Statutes, is amended to read:
538     951.22  County detention facilities; contraband articles.--
539     (1)  It is unlawful, except through regular channels as
540duly authorized by the sheriff or officer in charge, to
541introduce into or possess upon the grounds of any county
542detention facility as defined in s. 951.23 or to give to or
543receive from any inmate of any such facility wherever said
544inmate is located at the time or to take or to attempt to take
545or send therefrom any of the following articles which are hereby
546declared to be contraband for the purposes of this act, to wit:
547Any written or recorded communication; any currency or coin; any
548article of food or clothing; any tobacco products as defined in
549s. 210.25(11); any cigarette as defined in s. 210.01(1); any
550cigar; any intoxicating beverage or beverage which causes or may
551cause an intoxicating effect; any narcotic, hypnotic, or
552excitative drug or drug of any kind or nature, including nasal
553inhalators, sleeping pills, barbiturates, and controlled
554substances as defined in s. 893.02(4); any firearm or any
555instrumentality customarily used or which is intended to be used
556as a dangerous weapon; and any instrumentality of any nature
557that may be or is intended to be used as an aid in effecting or
558attempting to effect an escape from a county facility.
559     Section 12.  Paragraph (a) of subsection (1) of section
560985.4046, Florida Statutes, is amended to read:
561     985.4046  Introduction, removal, or possession of certain
562articles unlawful; penalty.--
563     (1)(a)  Except as authorized through program policy or
564operating procedure or as authorized by the facility
565superintendent, program director, or manager, a person may not
566introduce into or upon the grounds of a juvenile detention
567facility or commitment program, or take or send, or attempt to
568take or send, from a juvenile detention facility or commitment
569program, any of the following articles, which are declared to be
570contraband under this section:
571     1.  Any unauthorized article of food or clothing.
572     2.  Any intoxicating beverage or any beverage that causes
573or may cause an intoxicating effect.
574     3.  Any controlled substance, as defined in s. 893.02(4),
575or any prescription or nonprescription drug that has a hypnotic,
576stimulating, or depressing effect.
577     4.  Any firearm or weapon of any kind or any explosive
578substance.
579     Section 13.  This act shall take effect July 1, 2006.


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