1 | The Criminal Justice Committee recommends the following: |
2 |
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3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to clandestine laboratory contamination; |
7 | amending s. 893.02, F.S.; providing definitions; creating |
8 | s. 893.121, F.S.; providing for quarantine of any |
9 | residential property where illegal clandestine laboratory |
10 | activities occurred; providing for establishment of a |
11 | uniform notice and a uniform letter of notification; |
12 | providing for posting of specified notice at the site of a |
13 | quarantine; providing requirements for the sending of a |
14 | specified letter of notification to a residential property |
15 | owner or manager; providing for petitions by certain |
16 | persons in circuit court to lift such quarantines under |
17 | certain conditions; prohibiting specified violations |
18 | relating to such quarantines; creating s. 893.122, F.S.; |
19 | permitting demolition of quarantined residential property |
20 | under certain conditions; providing immunity from health- |
21 | based civil actions for residential property owners who |
22 | have met specified clandestine laboratory decontamination |
23 | standards as evidenced by specified documentation; |
24 | providing an exception to such immunity for persons |
25 | convicted of manufacturing controlled substances at the |
26 | site; creating s. 893.123, F.S.; providing for rulemaking |
27 | to adopt clandestine laboratory decontamination standards; |
28 | providing for certificates of fitness to indicate that |
29 | decontamination has been completed; providing requirements |
30 | for the lifting of a quarantine upon demolition of the |
31 | property; creating s. 893.124, F.S.; requiring the |
32 | Department of Health to specify requirements for persons |
33 | authorized to perform decontamination and contamination |
34 | assessments; requiring the department to compile and |
35 | maintain lists of decontamination and contamination |
36 | assessment specialists; providing responsibilities for |
37 | decontamination specialists; permitting decontamination |
38 | and contamination assessment specialists to request |
39 | specified documents; providing for the issuance of |
40 | certificates of fitness by contamination assessment |
41 | specialists; amending ss. 465.016, 465.023, 856.015, |
42 | 893.135, 944.47, 951.22, and 985.4046, F.S.; conforming |
43 | cross-references; providing an effective date. |
44 |
|
45 | WHEREAS, methamphetamine use and production is increasing |
46 | throughout the state, and |
47 | WHEREAS, in places where methamphetamine production has |
48 | occurred, significant levels of chemical contamination may be |
49 | found, especially in residential properties when the |
50 | contamination is not decontaminated, and |
51 | WHEREAS, children are susceptible to environmental |
52 | toxicants via the skin, and the ingestion of residual |
53 | methamphetamine is considered to be a result of hand-to-mouth |
54 | activities, and |
55 | WHEREAS, studies on methamphetamine use during pregnancy |
56 | showed an increased incidence of intrauterine growth |
57 | retardation, prematurity, and perinatal complications, and |
58 | WHEREAS, once clandestine laboratories have been seized, |
59 | the public may continue to be harmed by the illegal dumping of |
60 | chemical byproducts and the chemical residues that remain on the |
61 | residential property, and |
62 | WHEREAS, there are no statewide standards for determining |
63 | when a site of a seized clandestine laboratory has been |
64 | successfully decontaminated, and |
65 | WHEREAS, the Legislature finds that this act is necessary |
66 | for the immediate preservation of the public health, safety, and |
67 | welfare and fulfills an important state interest, NOW, |
68 | THEREFORE, |
69 |
|
70 | Be It Enacted by the Legislature of the State of Florida: |
71 |
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72 | Section 1. Section 893.02, Florida Statutes, is amended to |
73 | read: |
74 | 893.02 Definitions.--The following words and phrases as |
75 | used in this chapter shall have the following meanings, unless |
76 | the context otherwise requires: |
77 | (1) "Administer" means the direct application of a |
78 | controlled substance, whether by injection, inhalation, |
79 | ingestion, or any other means, to the body of a person or |
80 | animal. |
81 | (2) "Analog" or "chemical analog" means a structural |
82 | derivative of a parent compound that is a controlled substance. |
83 | (3) "Cannabis" means all parts of any plant of the genus |
84 | Cannabis, whether growing or not; the seeds thereof; the resin |
85 | extracted from any part of the plant; and every compound, |
86 | manufacture, salt, derivative, mixture, or preparation of the |
87 | plant or its seeds or resin. |
88 | (4) "Clandestine laboratory" means any location and |
89 | proximate areas set aside or used that are likely to be |
90 | contaminated as a result of manufacturing, processing, cooking, |
91 | disposing, or storing, either temporarily or permanently, any |
92 | substances in violation of this chapter, except as such |
93 | activities are authorized in chapter 499. |
94 | (5) "Contaminated" or "contamination" means containing |
95 | levels of chemicals at or above the levels defined by the |
96 | department pursuant to s. 893.123(1) as a result of clandestine |
97 | laboratory activity. |
98 | (6) "Contamination assessment specialist" or |
99 | "contamination assessor" means a person responsible for |
100 | assessing the extent of contamination and decontamination by |
101 | determining the indoor air quality in a residential property |
102 | based on the standards defined by the department. Upon the |
103 | conclusion of decontamination, a residential property must |
104 | successfully test less than or equal to the values defined by |
105 | the department. The person must have specialized training that |
106 | provides him or her with the knowledge, skills, and abilities to |
107 | use quantitative measurement techniques in collecting and |
108 | assessing specified contamination levels that have the ability |
109 | to impair human health and well-being. |
110 | (7)(4) "Controlled substance" means any substance named or |
111 | described in Schedules I-V of s. 893.03. Laws controlling the |
112 | manufacture, distribution, preparation, dispensing, or |
113 | administration of such substances are drug abuse laws. |
114 | (8) "Decontamination" means the process of reducing the |
115 | levels of contaminants to the levels defined by the department |
116 | pursuant to s. 893.123(1) that allow human reoccupancy using |
117 | currently available methods and processes. |
118 | (9) "Decontamination specialist" means a person |
119 | responsible for the cleanup, treatment, repair, removal, and |
120 | decontamination of contaminated materials located in a |
121 | residential property where clandestine laboratory activities |
122 | occurred. The person must have the knowledge, skills, and |
123 | ability to prescribe methods to eliminate, control, or reduce |
124 | contamination; and must have been trained in the removal, |
125 | storage, transport, and disposal of hazardous chemicals or |
126 | chemical residues commonly associated with clandestine |
127 | laboratory activities. |
128 | (10)(5) "Deliver" or "delivery" means the actual, |
129 | constructive, or attempted transfer from one person to another |
130 | of a controlled substance, whether or not there is an agency |
131 | relationship. |
132 | (11)(9) "Department" means the Department of Health. |
133 | (12)(6) "Dispense" means the transfer of possession of one |
134 | or more doses of a medicinal drug by a pharmacist or other |
135 | licensed practitioner to the ultimate consumer thereof or to one |
136 | who represents that it is his or her intention not to consume or |
137 | use the same but to transfer the same to the ultimate consumer |
138 | or user for consumption by the ultimate consumer or user. |
139 | (13)(7) "Distribute" means to deliver, other than by |
140 | administering 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 |
143 | treatment of the sick and injured, licensed pursuant to the |
144 | provisions of chapter 395 or owned or operated by the state or |
145 | Federal Government. |
146 | (16)(11) "Laboratory" means a laboratory approved by the |
147 | Drug Enforcement Administration as proper to be entrusted with |
148 | the custody of controlled substances for scientific, medical, or |
149 | instructional purposes or to aid law enforcement officers and |
150 | prosecuting attorneys in the enforcement of this chapter. |
151 | (17)(12) "Listed chemical" means any precursor chemical or |
152 | essential chemical named or described in s. 893.033. |
153 | (18)(13)(a) "Manufacture" means the production, |
154 | preparation, propagation, compounding, cultivating, growing, |
155 | conversion, or processing of a controlled substance, either |
156 | directly or indirectly, by extraction from substances of natural |
157 | origin, or independently by means of chemical synthesis, or by a |
158 | combination of extraction and chemical synthesis, and includes |
159 | any packaging of the substance or labeling or relabeling of its |
160 | container, except that this term does not include the |
161 | preparation, compounding, packaging, or labeling of a controlled |
162 | substance by: |
163 | 1. A practitioner or pharmacist as an incident to his or |
164 | her administering or delivering of a controlled substance in the |
165 | course of his or her professional practice. |
166 | 2. A practitioner, or by his or her authorized agent under |
167 | the practitioner's supervision, for the purpose of, or as an |
168 | incident to, research, teaching, or chemical analysis, and not |
169 | for sale. |
170 | (b) "Manufacturer" means and includes every person who |
171 | prepares, derives, produces, compounds, or repackages any drug |
172 | as defined by the Florida Drug and Cosmetic Act. However, this |
173 | definition does not apply to manufacturers of patent or |
174 | proprietary preparations as defined in the Florida Pharmacy Act. |
175 | Pharmacies, and pharmacists employed thereby, are specifically |
176 | excluded from this definition. |
177 | (19)(14) "Mixture" means any physical combination of two |
178 | or more substances. |
179 | (20)(15) "Patient" means an individual to whom a |
180 | controlled substance is lawfully dispensed or administered |
181 | pursuant to the provisions of this chapter. |
182 | (21)(16) "Pharmacist" means a person who is licensed |
183 | pursuant to chapter 465 to practice the profession of pharmacy |
184 | in this state. |
185 | (22)(17) "Possession" includes temporary possession for |
186 | the purpose of verification or testing, irrespective of dominion |
187 | or control. |
188 | (23)(18) "Potential for abuse" means that a substance has |
189 | properties of a central nervous system stimulant or depressant |
190 | or an hallucinogen that create a substantial likelihood of its |
191 | being: |
192 | (a) Used in amounts that create a hazard to the user's |
193 | health or the safety of the community; |
194 | (b) Diverted from legal channels and distributed through |
195 | illegal channels; or |
196 | (c) Taken on the user's own initiative rather than on the |
197 | basis of professional medical advice. |
198 |
|
199 | Proof of potential for abuse can be based upon a showing that |
200 | these activities are already taking place, or upon a showing |
201 | that the nature and properties of the substance make it |
202 | reasonable to assume that there is a substantial likelihood that |
203 | such activities will take place, in other than isolated or |
204 | occasional instances. |
205 | (24)(19) "Practitioner" means a physician licensed |
206 | pursuant to chapter 458, a dentist licensed pursuant to chapter |
207 | 466, a veterinarian licensed pursuant to chapter 474, an |
208 | osteopathic physician licensed pursuant to chapter 459, a |
209 | naturopath licensed pursuant to chapter 462, or a podiatric |
210 | physician licensed pursuant to chapter 461, provided such |
211 | practitioner holds a valid federal controlled substance registry |
212 | number. |
213 | (25)(20) "Prescription" means and includes an order for |
214 | drugs or medicinal supplies written, signed, or transmitted by |
215 | word of mouth, telephone, telegram, or other means of |
216 | communication by a duly licensed practitioner licensed by the |
217 | laws of the state to prescribe such drugs or medicinal supplies, |
218 | issued in good faith and in the course of professional practice, |
219 | intended to be filled, compounded, or dispensed by another |
220 | person licensed by the laws of the state to do so, and meeting |
221 | the requirements of s. 893.04. The term also includes an order |
222 | for drugs or medicinal supplies so transmitted or written by a |
223 | physician, dentist, veterinarian, or other practitioner licensed |
224 | to practice in a state other than Florida, but only if the |
225 | pharmacist called upon to fill such an order determines, in the |
226 | exercise of his or her professional judgment, that the order was |
227 | issued pursuant to a valid patient-physician relationship, that |
228 | it is authentic, and that the drugs or medicinal supplies so |
229 | ordered are considered necessary for the continuation of |
230 | treatment of a chronic or recurrent illness. However, if the |
231 | physician writing the prescription is not known to the |
232 | pharmacist, the pharmacist shall obtain proof to a reasonable |
233 | certainty of the validity of said prescription. A prescription |
234 | order for a controlled substance shall not be issued on the same |
235 | prescription blank with another prescription order for a |
236 | controlled substance which is named or described in a different |
237 | schedule, nor shall any prescription order for a controlled |
238 | substance be issued on the same prescription blank as a |
239 | prescription order for a medicinal drug, as defined in s. |
240 | 465.031(5), which does not fall within the definition of a |
241 | controlled substance as defined in this act. |
242 | (26) "Residential property" means a dwelling unit used, or |
243 | intended for use, by an individual or individuals as a permanent |
244 | residence. The term includes improved real property of between |
245 | one and four dwellings; a condominium unit, as defined in s. |
246 | 718.103(27); a cooperative unit, as defined in s. 719.103(24); |
247 | or a mobile home or manufactured home, as defined in s. |
248 | 320.01(2). The term does not include a hotel, motel, campground, |
249 | marina, or timeshare unit. |
250 | (27)(21) "Wholesaler" means any person who acts as a |
251 | jobber, wholesale merchant, or broker, or an agent thereof, who |
252 | sells or distributes for resale any drug as defined by the |
253 | Florida Drug and Cosmetic Act. However, this definition does not |
254 | apply to persons who sell only patent or proprietary |
255 | preparations as defined in the Florida Pharmacy Act. Pharmacies, |
256 | and pharmacists employed thereby, are specifically excluded from |
257 | this definition. |
258 | Section 2. Section 893.121, Florida Statutes, is created |
259 | to read: |
260 | 893.121 Quarantine of a clandestine laboratory.-- |
261 | (1) The purpose of the quarantine provided for in this |
262 | section is to prevent exposure of any person to the hazards |
263 | associated with clandestine laboratory activities and provide |
264 | protection from unsafe conditions that pose a threat to the |
265 | public health, safety, and welfare. The department has the |
266 | authority to quarantine residential property under s. 381.0011. |
267 | (2) Whenever a sheriff, police officer, or other law |
268 | enforcement entity secures evidence from a residential property |
269 | in which illegal clandestine laboratory activities occurred, the |
270 | department must quarantine the property. The local law |
271 | enforcement entity securing evidence shall enforce a quarantine |
272 | on the residential property as part of its duty to assist the |
273 | department under s. 381.0012(5). Enforcement does not require |
274 | the 24-hour posting of law enforcement personnel. The |
275 | residential property shall remain quarantined until the |
276 | department receives a certificate of fitness documenting that |
277 | the property was decontaminated as defined by the department |
278 | pursuant to s. 893.123 or demolished in accordance with s. |
279 | 893.122(1), or a court order is presented requiring the |
280 | quarantine to be lifted. |
281 | (3) The department shall adopt rules pursuant to ss. |
282 | 120.536(1) and 120.54 to establish a uniform notice to post at |
283 | the site of a quarantined clandestine laboratory and a uniform |
284 | letter of notification of the quarantine to be sent to the |
285 | residential property owner or manager. It is the responsibility |
286 | of local law enforcement to post the notice of a quarantine on |
287 | the residential property, and it is the responsibility of the |
288 | department to mail the letter of notification. The material in |
289 | the letter and notice shall include, but not be limited to: |
290 | (a) That the residential property has been quarantined and |
291 | a clandestine laboratory was seized on or inside the residential |
292 | property. |
293 | (b) The date of the quarantine. |
294 | (c) The name and contact telephone number of the law |
295 | enforcement entity posting the quarantine. |
296 | (d) A statement specifying that hazardous substances, |
297 | toxic chemicals, or other hazardous waste products may have been |
298 | present and may remain on or inside the residential property and |
299 | that exposure to the substances may be harmful and may pose a |
300 | threat to public health and the environment. |
301 | (e) A statement that it is unlawful for an unauthorized |
302 | person to enter the contaminated residential property and that |
303 | the removal of any notice of the quarantine is a second degree |
304 | misdemeanor under s. 381.0025(1). |
305 | (f) A statement, in the notification letter, explaining |
306 | how to have the quarantine lifted. |
307 | (4) Upon securing evidence from a residential property in |
308 | which illegal clandestine laboratory activities occurred, the |
309 | local law enforcement entity shall immediately notify the local |
310 | health officer and the department's Division of Environmental |
311 | Health that a residential property is quarantined and shall |
312 | provide the name and contact information of the law enforcement |
313 | entity, the name of the residential property owner or |
314 | residential property manager, and the address of the property. |
315 | (5) To the extent possible, the department shall mail the |
316 | letter of notification to the residential property owner or the |
317 | manager of the residential property within 5 working days from |
318 | the date of quarantine notifying the owner or manager that a |
319 | clandestine laboratory was found on the property and that the |
320 | property has been quarantined. The department shall also include |
321 | a list of contamination assessment specialists and |
322 | decontamination specialists and any other information deemed |
323 | appropriate by the department to the residential property owner |
324 | or manager. |
325 | (6) Any person who has an interest in a residential |
326 | property that is quarantined pursuant to this section may file a |
327 | petition in the circuit court in which the residential property |
328 | is located to request a court order that the quarantine of the |
329 | residential property be lifted for one of the following reasons: |
330 | (a) The residential property was wrongfully quarantined; |
331 | or |
332 | (b) The residential property has been properly |
333 | decontaminated as defined by the department pursuant to s. |
334 | 893.123 or demolished pursuant to s. 893.122(1) and may be |
335 | reoccupied for habitation, but the department refuses or fails |
336 | to lift the quarantine. |
337 | (7) No person shall inhabit a quarantined residential |
338 | property, offer the residential property to the public for |
339 | temporary or indefinite habitation, or remove any notice of the |
340 | quarantine. Any person who willfully violates a provision of |
341 | this subsection commits a second degree misdemeanor under s. |
342 | 381.0025(1). |
343 | Section 3. Section 893.122, Florida Statutes, is created |
344 | to read: |
345 | 893.122 Option of demolition; immunity from liability from |
346 | health-based civil actions.-- |
347 | (1) A residential property owner shall, upon notification |
348 | from the department that clandestine laboratory activities have |
349 | occurred in a property owned by that owner and that the property |
350 | is quarantined, meet the decontamination standards as defined by |
351 | the department pursuant to s. 893.123 unless the property owner, |
352 | at the owner's discretion, elects to demolish the contaminated |
353 | residential property. The demolition and removal of materials |
354 | must meet the requirements of the Occupational Safety and Health |
355 | Administration and the United States Environmental Protection |
356 | Agency regulations pertaining to the generation, storage, |
357 | transport, and disposal of hazardous wastes and any state or |
358 | local requirements. |
359 | (2) A residential property owner who has met the |
360 | decontamination standards, as evidenced by a certificate of |
361 | fitness and a letter of reoccupancy pursuant to s.893.123, or |
362 | has demolished the residential property in compliance with |
363 | subsection (1), shall have immunity from health-based civil |
364 | actions brought by any future owner, renter, or other person who |
365 | occupies such residential property, or a neighbor of such |
366 | residential property, in which the alleged cause of the injury |
367 | or loss is the existence of the clandestine laboratory. However, |
368 | a person with a conviction, as defined in s. 944.607, for the |
369 | manufacture of any substance regulated under this chapter on the |
370 | residential property where clandestine laboratory activities |
371 | occurred shall not have the immunity provided in this |
372 | subsection. |
373 | Section 4. Section 893.123, Florida Statutes, is created |
374 | to read: |
375 | 893.123 Clandestine laboratory decontamination standards, |
376 | certificate of fitness, and letter of reoccupancy.-- |
377 | (1) The department shall adopt rules pursuant to ss. |
378 | 120.536(1) and 120.54 that establish: |
379 | (a) Standards for indoor air quality regarding levels of |
380 | contaminants produced by clandestine laboratory activities to |
381 | include methamphetamine, lead, mercury, and volatile organic |
382 | compounds. These standards must be consistent with values |
383 | commonly used by other states or comply with national standards. |
384 | (b) Standards for the cleanup and testing of clandestine |
385 | laboratories. |
386 | (c) A certificate of fitness that shall act as appropriate |
387 | documentation that a residential property has been |
388 | decontaminated in accordance with specified standards. The |
389 | certificate of fitness shall be submitted to the department by a |
390 | contamination assessment specialist. The certificate of fitness |
391 | shall include, but is not limited to: |
392 | 1. The name of the residential property owner, the mailing |
393 | and street address of the residential property owner, and, if |
394 | applicable, the parcel identification of the residential |
395 | property. |
396 | 2. The dates the residential property was quarantined and |
397 | cleanup was completed. |
398 | 3. A summary of the indoor air quality test results, |
399 | findings, and conclusions as determined by a contamination |
400 | assessment specialist. |
401 | 4. The name and address of the contamination assessment |
402 | specialist. |
403 | 5. The name and address of the decontamination specialist. |
404 | 6. The method of repair, replacement, or decontamination |
405 | of the residential property. |
406 | (d) A letter of reoccupancy that will notify the |
407 | residential property owner that the property may be reoccupied |
408 | for habitation. |
409 | (2) Upon receipt of the certificate of fitness, the |
410 | department shall send a letter of reoccupancy to the residential |
411 | property owner or manager and to the local law enforcement |
412 | entity that enforced the quarantine and posted the notice. The |
413 | letter of reoccupancy must include the address of the |
414 | residential property, a statement that the quarantine is lifted, |
415 | and a statement that the residential property may be reoccupied |
416 | for habitation. |
417 | (3) In the case of demolition, the department shall lift |
418 | the quarantine on a residential property upon receipt of a |
419 | letter presented by a demolition company stating that the |
420 | quarantined property was demolished. The letter must include the |
421 | address of the residential property and a statement that the |
422 | demolition was performed in accordance to the requirements in s. |
423 | 893.122(1). |
424 | Section 5. Section 893.124, Florida Statutes, is created |
425 | to read: |
426 | 893.124 Decontamination and contamination assessment |
427 | specialists.-- |
428 | (1)(a) The department shall compile and maintain lists of |
429 | decontamination and contamination assessment specialists. The |
430 | lists shall be posted on the department's Internet website. The |
431 | department shall indicate on the website whether the specialists |
432 | are bonded and insured. |
433 | (b) Persons authorized to perform decontamination or |
434 | contamination assessments must have knowledge and skill in the |
435 | handling of toxic substances. The department shall adopt rules |
436 | pursuant to ss. 120.536(1) and 120.54 specifying the |
437 | requirements for persons authorized to perform decontamination |
438 | and contamination assessments. Decontamination specialists shall |
439 | be responsible for ensuring that all hazardous substances, toxic |
440 | chemicals, or other hazardous waste products that may have been |
441 | present are removed from the residential property and disposed |
442 | of in accordance with federal, state, and local laws and |
443 | regulations. |
444 | (2) In determining the level of contamination in a |
445 | clandestine laboratory, the decontamination or contamination |
446 | assessment specialist may request copies of any available law |
447 | enforcement reports or information relating to the following: |
448 | (a) The length of time the residential property was used |
449 | as a clandestine laboratory. |
450 | (b) The extent to which the residential property was |
451 | exposed to chemicals used in clandestine laboratory activities. |
452 | (c) The chemical processes that were involved in the |
453 | clandestine laboratory activities. |
454 | (d) The chemicals that were removed from the residential |
455 | property. |
456 | (e) The location of the clandestine laboratory activities |
457 | in relation to the habitable areas of the residential property. |
458 | (3) If the contamination assessment specialist determines |
459 | that the residential property is not contaminated, the |
460 | contamination assessment specialist shall prepare a certificate |
461 | of fitness and submit the certificate to the department. |
462 | Section 6. Paragraph (s) of subsection (1) of section |
463 | 465.016, Florida Statutes, is amended to read: |
464 | 465.016 Disciplinary actions.-- |
465 | (1) The following acts constitute grounds for denial of a |
466 | license or disciplinary action, as specified in s. 456.072(2): |
467 | (s) Dispensing any medicinal drug based upon a |
468 | communication that purports to be a prescription as defined by |
469 | s. 465.003(14) or s. 893.02(20) when the pharmacist knows or has |
470 | reason to believe that the purported prescription is not based |
471 | upon a valid practitioner-patient relationship. |
472 | Section 7. Paragraph (e) of subsection (1) of section |
473 | 465.023, 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 |
476 | permit of any pharmacy permittee, and may fine, place on |
477 | probation, or otherwise discipline any pharmacy permittee who |
478 | has: |
479 | (e) Dispensed any medicinal drug based upon a |
480 | communication that purports to be a prescription as defined by |
481 | s. 465.003(14) or s. 893.02(20) when the pharmacist knows or has |
482 | reason to believe that the purported prescription is not based |
483 | upon a valid practitioner-patient relationship that includes a |
484 | documented patient evaluation, including history and a physical |
485 | examination adequate to establish the diagnosis for which any |
486 | drug is prescribed and any other requirement established by |
487 | board rule under chapter 458, chapter 459, chapter 461, chapter |
488 | 463, chapter 464, or chapter 466. |
489 | Section 8. Paragraph (c) of subsection (1) of section |
490 | 856.015, 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 |
494 | defined in ss. 893.02(4) and 893.03. |
495 | Section 9. Subsection (6) of section 893.135, Florida |
496 | Statutes, is amended to read: |
497 | 893.135 Trafficking; mandatory sentences; suspension or |
498 | reduction of sentences; conspiracy to engage in trafficking.-- |
499 | (6) A mixture, as defined in s. 893.02(14), containing any |
500 | controlled substance described in this section includes, but is |
501 | not limited to, a solution or a dosage unit, including but not |
502 | limited to, a pill or tablet, containing a controlled substance. |
503 | For the purpose of clarifying legislative intent regarding the |
504 | weighing of a mixture containing a controlled substance |
505 | described in this section, the weight of the controlled |
506 | substance is the total weight of the mixture, including the |
507 | controlled substance and any other substance in the mixture. If |
508 | there is more than one mixture containing the same controlled |
509 | substance, the weight of the controlled substance is calculated |
510 | by aggregating the total weight of each mixture. |
511 | Section 10. Paragraph (a) of subsection (1) of section |
512 | 944.47, Florida Statutes, is amended to read: |
513 | 944.47 Introduction, removal, or possession of certain |
514 | articles unlawful; penalty.-- |
515 | (1)(a) Except through regular channels as authorized by |
516 | the officer in charge of the correctional institution, it is |
517 | unlawful to introduce into or upon the grounds of any state |
518 | correctional institution, or to take or attempt to take or send |
519 | or attempt to send therefrom, any of the following articles |
520 | which are hereby declared to be contraband for the purposes of |
521 | this section, to wit: |
522 | 1. Any written or recorded communication or any currency |
523 | or coin given or transmitted, or intended to be given or |
524 | transmitted, to any inmate of any state correctional |
525 | institution. |
526 | 2. Any article of food or clothing given or transmitted, |
527 | or intended to be given or transmitted, to any inmate of any |
528 | state correctional institution. |
529 | 3. Any intoxicating beverage or beverage which causes or |
530 | may cause an intoxicating effect. |
531 | 4. Any controlled substance as defined in s. 893.02(4) or |
532 | any prescription or nonprescription drug having a hypnotic, |
533 | stimulating, or depressing effect. |
534 | 5. Any firearm or weapon of any kind or any explosive |
535 | substance. |
536 | Section 11. Subsection (1) of section 951.22, Florida |
537 | Statutes, is amended to read: |
538 | 951.22 County detention facilities; contraband articles.-- |
539 | (1) It is unlawful, except through regular channels as |
540 | duly authorized by the sheriff or officer in charge, to |
541 | introduce into or possess upon the grounds of any county |
542 | detention facility as defined in s. 951.23 or to give to or |
543 | receive from any inmate of any such facility wherever said |
544 | inmate is located at the time or to take or to attempt to take |
545 | or send therefrom any of the following articles which are hereby |
546 | declared to be contraband for the purposes of this act, to wit: |
547 | Any written or recorded communication; any currency or coin; any |
548 | article of food or clothing; any tobacco products as defined in |
549 | s. 210.25(11); any cigarette as defined in s. 210.01(1); any |
550 | cigar; any intoxicating beverage or beverage which causes or may |
551 | cause an intoxicating effect; any narcotic, hypnotic, or |
552 | excitative drug or drug of any kind or nature, including nasal |
553 | inhalators, sleeping pills, barbiturates, and controlled |
554 | substances as defined in s. 893.02(4); any firearm or any |
555 | instrumentality customarily used or which is intended to be used |
556 | as a dangerous weapon; and any instrumentality of any nature |
557 | that may be or is intended to be used as an aid in effecting or |
558 | attempting to effect an escape from a county facility. |
559 | Section 12. Paragraph (a) of subsection (1) of section |
560 | 985.4046, Florida Statutes, is amended to read: |
561 | 985.4046 Introduction, removal, or possession of certain |
562 | articles unlawful; penalty.-- |
563 | (1)(a) Except as authorized through program policy or |
564 | operating procedure or as authorized by the facility |
565 | superintendent, program director, or manager, a person may not |
566 | introduce into or upon the grounds of a juvenile detention |
567 | facility or commitment program, or take or send, or attempt to |
568 | take or send, from a juvenile detention facility or commitment |
569 | program, any of the following articles, which are declared to be |
570 | contraband under this section: |
571 | 1. Any unauthorized article of food or clothing. |
572 | 2. Any intoxicating beverage or any beverage that causes |
573 | or may cause an intoxicating effect. |
574 | 3. Any controlled substance, as defined in s. 893.02(4), |
575 | or any prescription or nonprescription drug that has a hypnotic, |
576 | stimulating, or depressing effect. |
577 | 4. Any firearm or weapon of any kind or any explosive |
578 | substance. |
579 | Section 13. This act shall take effect July 1, 2006. |