Senate Bill sb0712c1

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    Florida Senate - 2006                            CS for SB 712

    By the Committees on Governmental Oversight and Productivity;
    and Transportation




    585-2172-06

  1                      A bill to be entitled

  2         An act relating to a review under the Open

  3         Government Sunset Review Act regarding motor

  4         vehicle crash reports; amending s. 316.003,

  5         F.S.; revising the definition of "victim

  6         services programs" to include only

  7         organizations that are qualified for nonprofit

  8         status under s. 501(c)(3) of the United States

  9         Internal Revenue Code and have a valid

10         consumer's certificate of exemption issued to

11         the organization by the Department of Revenue;

12         amending s. 316.066, F.S., which provides an

13         exemption from public records requirements for

14         required motor vehicle crash reports that

15         reveal the identity, home or employment

16         telephone number, or home or employment address

17         of, or other personal information concerning,

18         parties involved in a motor vehicle crash and

19         that are held by any agency that regularly

20         receives or prepares information from or

21         concerning the parties to motor vehicle

22         crashes; creating a public-records exemption

23         for uniform traffic citations related to a

24         motor vehicle crash; providing that such

25         citations be made immediately available to

26         certain parties; reorganizing provisions,

27         making editorial and conforming changes, and

28         removing superfluous language; providing for

29         the future review and repeal of the exemption

30         under the Open Government Sunset Review Act;

31         providing a statement of public necessity;

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 1         amending ss. 324.051 and 921.0022, F.S.;

 2         conforming cross-references; providing an

 3         effective date.

 4  

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

 6  

 7         Section 1.  Subsection (85) of section 316.003, Florida

 8  Statutes, is amended to read:

 9         316.003  Definitions.--The following words and phrases,

10  when used in this chapter, shall have the meanings

11  respectively ascribed to them in this section, except where

12  the context otherwise requires:

13         (85)  VICTIM SERVICES PROGRAM PROGRAMS.--Any

14  community-based organization whose primary purpose is to act

15  as an advocate for the victims and survivors of traffic

16  crashes and for their families on a statewide basis. The

17  victims services offered by these programs may include grief

18  and crisis counseling, assistance with preparing victim

19  compensation claims excluding third-party legal action, or

20  connecting persons with other service providers, and providing

21  emergency financial assistance. The community-based

22  organization must be qualified for nonprofit status under the

23  provisions of s. 501(c)(3) of the United States Internal

24  Review Code and have a valid consumer's certificate of

25  exemption issued to the organization by the Department of

26  Revenue.

27         Section 2.  Section 316.066, Florida Statutes, is

28  amended to read:

29         316.066  Written reports of crashes.--

30         (1)  The driver of a vehicle which is in any manner

31  involved in a crash resulting in bodily injury to or death of

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 1  any person or damage to any vehicle or other property in an

 2  apparent amount of at least $500 shall, within 10 days after

 3  the crash, forward a written report of such crash to the

 4  department or traffic records center. However, when the

 5  investigating officer has made a written report of the crash

 6  pursuant to subsection paragraph (3)(a), no written report

 7  need be forwarded to the department or traffic records center

 8  by the driver.

 9         (2)  The receiving entity may require any driver of a

10  vehicle involved in a crash of which a written report must be

11  made as provided in this section to file supplemental written

12  reports whenever the original report is insufficient in the

13  opinion of the department and may require witnesses of crashes

14  to render reports to the department.

15         (3)(a)  Every law enforcement officer who in the

16  regular course of duty investigates a motor vehicle crash:

17         1.  Which crash resulted in death or personal injury

18  shall, within 10 days after completing the investigation,

19  forward a written report of the crash to the department or

20  traffic records center.

21         2.  Which crash involved a violation of s. 316.061(1)

22  or s. 316.193 shall, within 10 days after completing the

23  investigation, forward a written report of the crash to the

24  department or traffic records center.

25         3.  In which crash a vehicle was rendered inoperative

26  to a degree which required a wrecker to remove it from traffic

27  may, within 10 days after completing the investigation,

28  forward a written report of the crash to the department or

29  traffic records center if such action is appropriate, in the

30  officer's discretion.

31  

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 1         (b)  However, In every case in which a crash report is

 2  required by this section and a written report to a law

 3  enforcement officer is not prepared, the law enforcement

 4  officer shall provide each party involved in the crash a

 5  short-form report, prescribed by the state, to be completed by

 6  the party. The short-form report must include, but is not

 7  limited to:

 8         1.  The date, time, and location of the crash;

 9         2.  A description of the vehicles involved;

10         3.  The names and addresses of the parties involved;

11         4.  The names and addresses of witnesses;

12         5.  The name, badge number, and law enforcement agency

13  of the officer investigating the crash; and

14         6.  The names of the insurance companies for the

15  respective parties involved in the crash.

16         (c)  Each party to the crash shall provide the law

17  enforcement officer with proof of insurance to be included in

18  the crash report. If a law enforcement officer submits a

19  report on the accident, proof of insurance must be provided to

20  the officer by each party involved in the crash. Any party who

21  fails to provide the required information is guilty of an

22  infraction for a nonmoving violation, punishable as provided

23  in chapter 318 unless the officer determines that due to

24  injuries or other special circumstances such insurance

25  information cannot be provided immediately. If the person

26  provides the law enforcement agency, within 24 hours after the

27  crash, proof of insurance that was valid at the time of the

28  crash, the law enforcement agency may void the citation.

29         (4)(a)(b)  One or more counties may enter into an

30  agreement with the appropriate state agency to be certified by

31  the agency to have a traffic records center for the purpose of

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 1  tabulating and analyzing countywide traffic crash reports. The

 2  agreement must include: certification by the agency that the

 3  center has adequate auditing and monitoring mechanisms in

 4  place to ensure the quality and accuracy of the data; the time

 5  period in which the traffic records center must report crash

 6  data to the agency; and the medium in which the traffic

 7  records must be submitted to the agency.

 8         (b)  In the case of a county or multicounty area that

 9  has a certified central traffic records center, a law

10  enforcement agency or driver must submit to the center within

11  the time limit prescribed in this section a written report of

12  the crash. A driver who is required to file a crash report

13  must be notified of the proper place to submit the completed

14  report.

15         (c)  Fees for copies of public records provided by a

16  certified traffic records center shall be charged and

17  collected as follows:

18         For a crash report.........................$2 per copy.

19         For a homicide report.....................$25 per copy.

20         For a uniform traffic citation..........$0.50 per copy.

21  

22  The fees collected for copies of the public records provided

23  by a certified traffic records center shall be used to fund

24  the center or otherwise as designated by the county or

25  counties participating in the center.

26         (5)(a)(c)  Crash reports and the uniform traffic

27  citations (HSMV75901) associated with such crashes and crash

28  investigations that required by this section which reveal the

29  identity, home or employment telephone number or home or

30  employment address of, or other personal information

31  concerning the parties involved in the crash and that which

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    Florida Senate - 2006                            CS for SB 712
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 1  are held received or prepared by any agency that regularly

 2  receives or prepares information from or concerning the

 3  parties to motor vehicle crashes are confidential and exempt

 4  from s. 119.07(1) and s. 24(a), Art. I of the State

 5  Constitution for a period of 60 days after the date the report

 6  is filed.

 7         (b)  Crash However, such reports and citations held by

 8  an agency under paragraph (a) may be made immediately

 9  available to the parties involved in the crash, their legal

10  representatives, their licensed insurance agents, their

11  insurers or insurers to which they have applied for coverage,

12  persons under contract with such insurers to provide claims or

13  underwriting information, prosecutorial authorities, victim

14  services programs, radio and television stations licensed by

15  the Federal Communications Commission, newspapers qualified to

16  publish legal notices under ss. 50.011 and 50.031, and free

17  newspapers of general circulation, published once a week or

18  more often, available and of interest to the public generally

19  for the dissemination of news. For the purposes of this

20  section, the following products or publications are not

21  newspapers as referred to in this section: those intended

22  primarily for members of a particular profession or

23  occupational group; those with the primary purpose of

24  distributing advertising; and those with the primary purpose

25  of publishing names and other personal identifying information

26  concerning parties to motor vehicle crashes.

27         (c)  Any local, state, or federal agency, victim

28  services program, agent, or employee that is authorized to

29  have access to crash such reports and citations by any

30  provision of law shall be granted such access in the

31  furtherance of the agency's statutory duties notwithstanding

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 1  the provisions of this paragraph. Any local, state, or federal

 2  agency, agent, or employee receiving such crash reports shall

 3  maintain the confidential and exempt status of those reports

 4  and shall not disclose such crash reports to any person or

 5  entity.

 6         (d)  As a condition precedent to accessing a crash

 7  report or uniform traffic citation within 60 days after the

 8  date the report is filed, a person must present a valid

 9  driver's license or other photographic identification, proof

10  of status, or identification that demonstrates his or her

11  qualifications to access that information, and file a written

12  sworn statement with the state or local agency in possession

13  of the information stating that information from a crash

14  report or uniform traffic citation made confidential and

15  exempt by this section will not be used for any commercial

16  solicitation of accident victims, or knowingly disclosed to

17  any third party for the purpose of such solicitation, during

18  the period of time that the information remains confidential

19  and exempt. In lieu of requiring the written sworn statement,

20  an agency may provide crash reports or uniform traffic

21  citations by electronic means to third-party vendors under

22  contract with one or more insurers, but only when such

23  contract states that information from a crash report or

24  uniform traffic citation made confidential and exempt by this

25  section will not be used for any commercial solicitation of

26  accident victims by the vendors, or knowingly disclosed by the

27  vendors to any third party for the purpose of such

28  solicitation, during the period of time that the information

29  remains confidential and exempt, and only when a copy of such

30  contract is furnished to the agency as proof of the vendor's

31  claimed status.

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 1         (e)  This subsection does not prevent the dissemination

 2  or publication of news to the general public by any legitimate

 3  media entitled to access confidential and exempt information

 4  pursuant to this section. A law enforcement officer as defined

 5  in s. 943.10(1) may enforce this subsection.

 6         (f)  This exemption is subject to the Open Government

 7  Sunset Review Act of 1995 in accordance with s. 119.15, and

 8  shall stand repealed on October 2, 2011 2006, unless reviewed

 9  and saved from repeal through reenactment by the Legislature.

10         (6)(a)(d)  Any driver failing to file the written

11  report required under subsection (1) or subsection (2) commits

12  a noncriminal traffic infraction, punishable as a nonmoving

13  violation as provided in chapter 318.

14         (b)  Any employee of a state or local agency in

15  possession of information made confidential and exempt by this

16  section who knowingly discloses such confidential and exempt

17  information to a person not entitled to access such

18  information under this section is guilty of a felony of the

19  third degree, punishable as provided in s. 775.082, s.

20  775.083, or s. 775.084.

21         (c)(e)  Any person, knowing that he or she is not

22  entitled to obtain information made confidential and exempt by

23  this section, who obtains or attempts to obtain such

24  information is guilty of a felony of the third degree,

25  punishable as provided in s. 775.082, s. 775.083, or s.

26  775.084.

27         (d)(f)  Any person who knowingly uses confidential and

28  exempt information in violation of a filed written sworn

29  statement or contractual agreement required by this section

30  commits a felony of the third degree, punishable as provided

31  in s. 775.082, s. 775.083, or s. 775.084.

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 1         (7)(4)  Except as specified in this subsection, each

 2  crash report made by a person involved in a crash and any

 3  statement made by such person to a law enforcement officer for

 4  the purpose of completing a crash report required by this

 5  section shall be without prejudice to the individual so

 6  reporting. No such report or statement shall be used as

 7  evidence in any trial, civil or criminal. However, subject to

 8  the applicable rules of evidence, a law enforcement officer at

 9  a criminal trial may testify as to any statement made to the

10  officer by the person involved in the crash if that person's

11  privilege against self-incrimination is not violated. The

12  results of breath, urine, and blood tests administered as

13  provided in s. 316.1932 or s. 316.1933 are not confidential

14  and shall be admissible into evidence in accordance with the

15  provisions of s. 316.1934(2). Crash reports made by persons

16  involved in crashes shall not be used for commercial

17  solicitation purposes; however, the use of a crash report for

18  purposes of publication in a newspaper or other news

19  periodical or a radio or television broadcast shall not be

20  construed as "commercial purpose."

21         (8)  A law enforcement officer, as defined in s.

22  943.10(1), may enforce this section.

23         (5)  For purposes of this section, a written report

24  includes a report generated by a law enforcement agency

25  through the use of a computer.

26         (6)  Any driver failing to file the written report

27  required under subsection (1) or subsection (2) commits a

28  noncriminal traffic infraction, punishable as a nonmoving

29  violation as provided in chapter 318.

30         Section 3.  The Legislature finds that there is a

31  public necessity that uniform traffic citations and portions

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 1  of crash reports which are mandated to be provided by law

 2  immediately to certain parties as specified in s. 316.066,

 3  Florida Statutes, be held confidential and exempt for 60 days

 4  after the date the report or citation is filed to protect the

 5  privacy of persons that have been the subject of a motor

 6  vehicle crash report. Further, the exemption is necessary to

 7  protect the public from unscrupulous individuals who promote

 8  the filing of fraudulent insurance claims by obtaining such

 9  information immediately after a crash and exploiting a crash

10  victim at a time of emotional distress. The Second Interim

11  Report of the Fifteenth Statewide Grand Jury on insurance

12  fraud related to personal injury protection noted a "strong

13  correlation" between illegal solicitation and the commission

14  of a variety of frauds. The grand jury found "the wholesale

15  availability of these reports is a major contributing factor

16  to this illegal activity and likely the single biggest factor

17  contributing to the high level of illegal solicitation."

18  Virtually anyone involved in a car accident in the state is

19  fair game for "runners" who collect crash reports within the

20  60-day public-records-exemption period under false pretenses

21  from law enforcement officials and then provide the

22  information to solicit crash victims and defraud insurers.

23  Continuing to make this information available, in the words of

24  the grand jury, "can be emotionally, physically, and

25  ultimately financially destructive." The 2003 Senate Select

26  Committee on Automobile Insurance/PIP Reform found that

27  despite reforms enacted in 1998 and 2001, fraud continues to

28  permeate the PIP insurance market in Florida. Referrals to the

29  Division of Insurance Fraud for personal injury protection

30  fraud increased over 400 percent from 2002-2003 to 2004-2005.

31  Motor vehicle insurance fraud is fueled by early access to

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 1  crash reports and uniform traffic citations, which provides

 2  the opportunity for the filing of fraudulent insurance claims.

 3  Crash reports and uniform traffic citations made by law

 4  enforcement officers should not be used for commercial

 5  solicitation purposes. However, the use of a crash report by a

 6  victim services program that is qualified for nonprofit status

 7  under s. 501(c)(3) of the Internal Revenue Code and has a

 8  valid certificate of exemption which was issued to the program

 9  by the Department of Revenue and acts as an advocate for the

10  victims and survivors of traffic crashes and their families

11  may not be construed as a "commercial purpose." Such programs

12  act as an advocate for the victims and survivors of traffic

13  crashes and their families by providing services such as grief

14  and crisis counseling, assistance with preparing victim

15  compensation claims excluding third-party legal action,

16  connecting persons with other service providers, and providing

17  emergency financial assistance. The Legislature finds that

18  crash reports should be made immediately available to

19  nonprofit victim services programs. The Legislature also finds

20  that uniform traffic citations should be made immediately

21  available to certain parties, such as those persons involved

22  in the motor vehicle crash and their legal representatives,

23  their insurers or insurers to which they have applied for

24  coverage, their licensed insurance agents, persons under

25  contract with such insurers to provide claims or underwriting

26  information, victim services programs, and representatives of

27  law enforcement agencies and other regulatory agencies, and

28  prosecutorial authorities within 60 days after the crash

29  report is filed.

30         Section 4.  Paragraph (a) of subsection (1) of section

31  324.051, Florida Statutes, is amended to read:

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 1         324.051  Reports of crashes; suspensions of licenses

 2  and registrations.--

 3         (1)(a)  Every law enforcement officer who, in the

 4  regular course of duty either at the time of and at the scene

 5  of the crash or thereafter by interviewing participants or

 6  witnesses, investigates a motor vehicle crash which he or she

 7  is required to report pursuant to s. 316.066(3)(a) shall

 8  forward a written report of the crash to the department within

 9  10 days of completing the investigation. However, when the

10  investigation of a crash will take more than 10 days to

11  complete, a preliminary copy of the crash report shall be

12  forwarded to the department within 10 days of the occurrence

13  of the crash, to be followed by a final report within 10 days

14  after completion of the investigation. The report shall be on

15  a form and contain information consistent with the

16  requirements of s. 316.068.

17         Section 5.  Paragraph (c) of subsection (3) of section

18  921.0022, Florida Statutes, is amended to read:

19         921.0022  Criminal Punishment Code; offense severity

20  ranking chart.--

21         (3)  OFFENSE SEVERITY RANKING CHART

22  Florida           Felony    Description

23  Statute           Degree

24                              (c)  LEVEL 3

25  119.10(2)(b)       3rd      Unlawful use of confidential

26                              information from police reports.

27  316.066(6)(b)-(d)

28    (3)(d)-(f)       3rd      Unlawfully obtaining or using

29                              confidential crash reports.

30  316.193(2)(b)      3rd      Felony DUI, 3rd conviction.

31  

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 1  316.1935(2)        3rd      Fleeing or attempting to elude

 2                              law enforcement officer in patrol

 3                              vehicle with siren and lights

 4                              activated.

 5  319.30(4)          3rd      Possession by junkyard of motor

 6                              vehicle with identification

 7                              number plate removed.

 8  319.33(1)(a)       3rd      Alter or forge any certificate of

 9                              title to a motor vehicle or

10                              mobile home.

11  319.33(1)(c)       3rd      Procure or pass title on stolen

12                              vehicle.

13  319.33(4)          3rd      With intent to defraud, possess,

14                              sell, etc., a blank, forged, or

15                              unlawfully obtained title or

16                              registration.

17  327.35(2)(b)       3rd      Felony BUI.

18  328.05(2)          3rd      Possess, sell, or counterfeit

19                              fictitious, stolen, or fraudulent

20                              titles or bills of sale of

21                              vessels.

22  328.07(4)          3rd      Manufacture, exchange, or possess

23                              vessel with counterfeit or wrong

24                              ID number.

25  

26  

27  

28  

29  

30  

31  

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 1  370.12(1)(e)5.     3rd      Taking, disturbing, mutilating,

 2                              destroying, causing to be

 3                              destroyed, transferring, selling,

 4                              offering to sell, molesting, or

 5                              harassing marine turtles, marine

 6                              turtle eggs, or marine turtle

 7                              nests in violation of the Marine

 8                              Turtle Protection Act.

 9  370.12(1)(e)6.     3rd      Soliciting to commit or

10                              conspiring to commit a violation

11                              of the Marine Turtle Protection

12                              Act.

13  376.302(5)         3rd      Fraud related to reimbursement

14                              for cleanup expenses under the

15                              Inland Protection Trust Fund.

16  400.903(3)         3rd      Operating a clinic without a

17                              license or filing false license

18                              application or other required

19                              information.

20  440.105(3)(b)      3rd      Receipt of fee or consideration

21                              without approval by judge of

22                              compensation claims.

23  440.1051(3)        3rd      False report of workers'

24                              compensation fraud or retaliation

25                              for making such a report.

26  501.001(2)(b)      2nd      Tampers with a consumer product

27                              or the container using materially

28                              false/misleading information.

29  624.401(4)(a)      3rd      Transacting insurance without a

30                              certificate of authority.

31  

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 1  624.401(4)(b)1.    3rd      Transacting insurance without a

 2                              certificate of authority; premium

 3                              collected less than $20,000.

 4  626.902(1)(a) & (b)3rd      Representing an unauthorized

 5                              insurer.

 6  697.08             3rd      Equity skimming.

 7  790.15(3)          3rd      Person directs another to

 8                              discharge firearm from a vehicle.

 9  796.05(1)          3rd      Live on earnings of a prostitute.

10  806.10(1)          3rd      Maliciously injure, destroy, or

11                              interfere with vehicles or

12                              equipment used in firefighting.

13  806.10(2)          3rd      Interferes with or assaults

14                              firefighter in performance of

15                              duty.

16  810.09(2)(c)       3rd      Trespass on property other than

17                              structure or conveyance armed

18                              with firearm or dangerous weapon.

19  812.014(2)(c)2.    3rd      Grand theft; $5,000 or more but

20                              less than $10,000.

21  812.0145(2)(c)     3rd      Theft from person 65 years of age

22                              or older; $300 or more but less

23                              than $10,000.

24  815.04(4)(b)       2nd      Computer offense devised to

25                              defraud or obtain property.

26  817.034(4)(a)3.    3rd      Engages in scheme to defraud

27                              (Florida Communications Fraud

28                              Act), property valued at less

29                              than $20,000.

30  817.233            3rd      Burning to defraud insurer.

31  

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 1  817.234(8)(b)-(c)  3rd      Unlawful solicitation of persons

 2                              involved in motor vehicle

 3                              accidents.

 4  817.234(11)(a)     3rd      Insurance fraud; property value

 5                              less than $20,000.

 6  817.236            3rd      Filing a false motor vehicle

 7                              insurance application.

 8  817.2361           3rd      Creating, marketing, or

 9                              presenting a false or fraudulent

10                              motor vehicle insurance card.

11  817.413(2)         3rd      Sale of used goods as new.

12  817.505(4)         3rd      Patient brokering.

13  828.12(2)          3rd      Tortures any animal with intent

14                              to inflict intense pain, serious

15                              physical injury, or death.

16  831.28(2)(a)       3rd      Counterfeiting a payment

17                              instrument with intent to defraud

18                              or possessing a counterfeit

19                              payment instrument.

20  831.29             2nd      Possession of instruments for

21                              counterfeiting drivers' licenses

22                              or identification cards.

23  838.021(3)(b)      3rd      Threatens unlawful harm to public

24                              servant.

25  843.19             3rd      Injure, disable, or kill police

26                              dog or horse.

27  860.15(3)          3rd      Overcharging for repairs and

28                              parts.

29  870.01(2)          3rd      Riot; inciting or encouraging.

30  

31  

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 1  893.13(1)(a)2.     3rd      Sell, manufacture, or deliver

 2                              cannabis (or other s.

 3                              893.03(1)(c), (2)(c)1., (2)(c)2.,

 4                              (2)(c)3., (2)(c)5., (2)(c)6.,

 5                              (2)(c)7., (2)(c)8., (2)(c)9.,

 6                              (3), or (4) drugs).

 7  893.13(1)(d)2.     2nd      Sell, manufacture, or deliver s.

 8                              893.03(1)(c), (2)(c)1., (2)(c)2.,

 9                              (2)(c)3., (2)(c)5., (2)(c)6.,

10                              (2)(c)7., (2)(c)8., (2)(c)9.,

11                              (3), or (4) drugs within 1,000

12                              feet of university.

13  893.13(1)(f)2.     2nd      Sell, manufacture, or deliver s.

14                              893.03(1)(c), (2)(c)1., (2)(c)2.,

15                              (2)(c)3., (2)(c)5., (2)(c)6.,

16                              (2)(c)7., (2)(c)8., (2)(c)9.,

17                              (3), or (4) drugs within 1,000

18                              feet of public housing facility.

19  893.13(6)(a)       3rd      Possession of any controlled

20                              substance other than felony

21                              possession of cannabis.

22  893.13(7)(a)8.     3rd      Withhold information from

23                              practitioner regarding previous

24                              receipt of or prescription for a

25                              controlled substance.

26  893.13(7)(a)9.     3rd      Obtain or attempt to obtain

27                              controlled substance by fraud,

28                              forgery, misrepresentation, etc.

29  893.13(7)(a)10.    3rd      Affix false or forged label to

30                              package of controlled substance.

31  

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






    Florida Senate - 2006                            CS for SB 712
    585-2172-06




 1  893.13(7)(a)11.    3rd      Furnish false or fraudulent

 2                              material information on any

 3                              document or record required by

 4                              chapter 893.

 5  893.13(8)(a)1.     3rd      Knowingly assist a patient, other

 6                              person, or owner of an animal in

 7                              obtaining a controlled substance

 8                              through deceptive, untrue, or

 9                              fraudulent representations in or

10                              related to the practitioner's

11                              practice.

12  893.13(8)(a)2.     3rd      Employ a trick or scheme in the

13                              practitioner's practice to assist

14                              a patient, other person, or owner

15                              of an animal in obtaining a

16                              controlled substance.

17  893.13(8)(a)3.     3rd      Knowingly write a prescription

18                              for a controlled substance for a

19                              fictitious person.

20  893.13(8)(a)4.     3rd      Write a prescription for a

21                              controlled substance for a

22                              patient, other person, or an

23                              animal if the sole purpose of

24                              writing the prescription is a

25                              monetary benefit for the

26                              practitioner.

27  918.13(1)(a)       3rd      Alter, destroy, or conceal

28                              investigation evidence.

29  944.47(1)(a)1.-2.  3rd      Introduce contraband to

30                              correctional facility.

31  

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






    Florida Senate - 2006                            CS for SB 712
    585-2172-06




 1  944.47(1)(c)       2nd      Possess contraband while upon the

 2                              grounds of a correctional

 3                              institution.

 4  985.3141           3rd      Escapes from a juvenile facility

 5                              (secure detention or residential

 6                              commitment facility).

 7         Section 6.  This act shall take effect October 1, 2006.

 8  

 9          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
10                         Senate Bill 712

11                                 

12  Reorganizes the exemption for clarity.

13  Expands the exemption by narrowing the definition of "victim
    services organizations" eligible to receive access to the
14  exempt records.

15  Expands the exemption to include uniform traffic citations
    associated with crashes and crash investigations.
16  
    Provides a statement of public necessity to support the
17  expansion of the exemption.

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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