HB 1

1	A bill to be entitled
2	An act relating to the abatement of drug paraphernalia;
3	creating the Drug Paraphernalia Abatement Task Force
4	within the Executive Office of the Governor; prescribing
5	task force membership; providing for meetings and duties
6	of the task force; providing that meetings and records of
7	the task force are subject to statutory public meetings
8	and records requirements; providing for members of the
9	task force to be reimbursed for per diem and travel
10	expenses; requiring the Office of Drug Control within the
11	Executive Office of the Governor to provide staff support;
12	requiring reports; requiring cooperation by state
13	agencies; abolishing the task force on a specified date;
14	providing an effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1.  Drug Paraphernalia Abatement Task Force.--
19	(1)(a)  There is created within the Executive Office of the
20	Governor the Drug Paraphernalia Abatement Task Force for the
21	purpose of recommending strategies and actions for abating
22	access to and the use and proliferation of drug paraphernalia,
23	as that term is defined in s. 893.145, Florida Statutes.
24	(b)  The task force shall consist of the following nine
25	members:
26	1.  The Secretary of Business and Professional Regulation
27	or his or her designee.
28	2.  The Secretary of Health or his or her designee.
29	3.  The director of the Office of Drug Control within the
30	Executive Office of the Governor.
31	4.  A representative from a corporation that is licensed to
32	do business in this state and that sells any of the items
33	described in s. 893.145, Florida Statutes, which may be used as
34	drug paraphernalia.
35	5.  A local law enforcement official or officer.
36	6.  A member of a faith-based community.
37	7.  A superintendent of a school district or a principal of
38	a secondary school.
39	8.  A member of a community organization concerned about
40	issues relating to illicit activities involving controlled
41	substances, including access to and the use and proliferation of
42	drug paraphernalia.
43	9.  A former or recovering drug addict.
44	(c)  Members of the task force shall be appointed by the
45	Governor by July 1, 2007, and shall be representative of the
46	geographic regions and ethnic and gender diversity of this
47	state. The first meeting of the task force shall be held by July
48	15, 2007, at which time the members shall select by majority
49	vote a chairperson from among the task force members. All
50	recommendations of the task force shall be by majority vote.
51	(d)  The task force shall meet at the call of the
52	chairperson, as approved by the Governor, and shall conduct at
53	least three public meetings, which shall be held in localities
54	throughout this state that have a significant urban business
55	district or have experienced problems with illicit controlled-
56	substance activity resulting, in part, from access to and the
57	use and proliferation of drug paraphernalia.
58	(e)  Meetings of the task force shall be open to the public
59	and are subject to the requirements of chapter 286, Florida
60	Statutes. Records of the task force are public records and
61	subject to the requirements of chapter 119, Florida Statutes,
62	except to the extent that public access to any of those records
63	may be restricted pursuant to that chapter.
64	(f)  Members of the task force shall serve without
65	compensation but are entitled to reimbursement for per diem and
66	travel expenses in accordance with s. 112.061, Florida Statutes.
67	(g)  The Office of Drug Control within the Executive Office
68	of the Governor shall provide staff support for the task force
69	within existing appropriations.
70	(2)(a)  The task force shall study and take testimony
71	regarding:
72	1.  The nature and extent of the problem of access to and
73	the use and proliferation of drug paraphernalia in this state,
74	including the extent to which the marketing, selling, or
75	purchasing of items that may be used as drug paraphernalia may
76	contribute to that problem.
77	2.  Businesses that sell items that may be used as drug
78	paraphernalia, including, but not limited to, consideration of:
79	a.  The types, ownership, organization, and operation of
80	those businesses.
81	b.  The regulation of those businesses and the state and
82	federal laws applicable to them.
83	c.  The marketing or selling of those items by those
84	businesses.
85	d.  The inventory and sale of those items relative to the
86	total inventory and total sales of those businesses.
87	e.  Measures taken by those businesses to restrict
88	purchases of those items by minors or otherwise restrict
89	purchases of those items.
90	f.  The clientele of those businesses.
91	g.  The prevalence of civil or criminal enforcement actions
92	taken against those businesses for violations of state or
93	federal rules or laws that are relevant to prohibited activities
94	involving drug paraphernalia.
95	h.  The location of those businesses relative to the
96	location of schools; churches or places of worship;
97	neighborhoods; and buildings, facilities, and areas where
98	children may regularly congregate.
99	i.  The opinions and concerns of local residents, community
100	and neighborhood activists and leaders, faith-based community
101	members and leaders, school personnel and students, businesses,
102	service providers, local law enforcement officials and officers,
103	and local government officials regarding those businesses.
104	j.  Local or community efforts to restrict or regulate
105	those businesses.
106	3.  Current rules and laws and current efforts by
107	regulatory agencies and law enforcement agencies to abate access
108	to and the use and proliferation of drug paraphernalia in this
109	state, including, but not limited to, consideration of whether
110	it is necessary to amend those rules or laws or propose new
111	rules or new legislation.
112	4.  Approaches to abate access to and the use and
113	proliferation of drug paraphernalia, including, but not limited
114	to:
115	a.  Conforming the rules or laws of this state to federal
116	rules or laws that are relevant to abating access to and the use
117	and proliferation of drug paraphernalia.
118	b.  Restricting the marketing, selling, or purchasing of
119	any item that may be used as drug paraphernalia and legal
120	concerns relevant to that restriction.
121	c.  Adopting provisions of rules or laws of other states
122	that are relevant to abating access to and the use and
123	proliferation of drug paraphernalia.
124	5.  Any other subject that is relevant to abating access to
125	and the use and proliferation of drug paraphernalia.
126	(b)  The task force shall submit a preliminary draft report
127	of its findings and recommendations to the Governor, the
128	President of the Senate, and the Speaker of the House of
129	Representatives at least 45 days before the first day of the
130	2008 Regular Session of the Legislature. The final report shall
131	be filed with the Governor, the President of the Senate, and the
132	Speaker of the House of Representatives at least 30 days before
133	the first day of the 2008 Regular Session. In addition to the
134	findings and recommendations included in the final report of the
135	task force, the final report must include a draft of proposed
136	rules and proposed legislation for any recommendations requiring
137	proposed rules and proposed legislation.
138	(c)  Each state agency shall fully cooperate with the task
139	force in the performance of its duties.
140	(3)(a)  All meetings of the task force and all business of
141	the task force for which reimbursement may be requested shall be
142	concluded before the final report is filed.
143	(b)  The task force is abolished July 1, 2008.
144	Section 2.  This act shall take effect upon becoming a law.

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