CS/HB 1

1
A bill to be entitled
2An act relating to drug-related task forces; creating the
3Drug Paraphernalia Abatement Task Force within the
4Executive Office of the Governor; prescribing task force
5membership; providing for meetings and duties of the task
6force; providing that meetings and records of the task
7force are subject to statutory public meetings and records
8requirements; providing for members of the task force to
9be reimbursed for per diem and travel expenses; requiring
10the Office of Drug Control within the Executive Office of
11the Governor to provide staff support; requiring reports;
12requiring cooperation by state agencies; abolishing the
13task force on a specified date; creating within the
14Executive Office of the Governor the Task Force for the
15Remediation of Illicit Drug Labs; prescribing the
16membership of the task force; providing for meetings and
17duties of the task force; requiring public hearings;
18providing for members of the task force to be reimbursed
19for per diem and travel expenses; requiring the Office of
20Drug Control within the Executive Office of the Governor
21and other specified state agencies to provide staff
22support; requiring that the task force file reports and
23recommendations to the Governor and the Legislature;
24requiring cooperation by state agencies; providing an
25effective date.
26
27Be It Enacted by the Legislature of the State of Florida:
28
29     Section 1.  Drug Paraphernalia Abatement Task Force.--
30     (1)(a)  There is created within the Executive Office of the
31Governor the Drug Paraphernalia Abatement Task Force for the
32purpose of recommending strategies and actions for abating
33access to and the use and proliferation of drug paraphernalia,
34as that term is defined in s. 893.145, Florida Statutes.
35     (b)  The task force shall consist of the following nine
36members:
37     1.  The Secretary of Business and Professional Regulation
38or his or her designee.
39     2.  The Secretary of Health or his or her designee.
40     3.  The director of the Office of Drug Control within the
41Executive Office of the Governor.
42     4.  A representative from a corporation that is licensed to
43do business in this state and that sells any of the items
44described in s. 893.145, Florida Statutes, which may be used as
45drug paraphernalia.
46     5.  A local law enforcement official or officer.
47     6.  A member of a faith-based community.
48     7.  A superintendent of a school district or a principal of
49a secondary school.
50     8.  A member of a community organization concerned about
51issues relating to illicit activities involving controlled
52substances, including access to and the use and proliferation of
53drug paraphernalia.
54     9.  A former or recovering drug addict.
55     (c)  Members of the task force shall be appointed by the
56Governor by July 1, 2007, and shall be representative of the
57geographic regions and ethnic and gender diversity of this
58state. The first meeting of the task force shall be held by July
5915, 2007, at which time the members shall select by majority
60vote a chairperson from among the task force members. All
61recommendations of the task force shall be by majority vote.
62     (d)  The task force shall meet at the call of the
63chairperson, as approved by the Governor, and shall conduct at
64least three public meetings, which shall be held in localities
65throughout this state that have a significant urban business
66district or have experienced problems with illicit controlled-
67substance activity resulting, in part, from access to and the
68use and proliferation of drug paraphernalia.
69     (e)  Meetings of the task force shall be open to the public
70and are subject to the requirements of chapter 286, Florida
71Statutes. Records of the task force are public records and
72subject to the requirements of chapter 119, Florida Statutes,
73except to the extent that public access to any of those records
74may be restricted pursuant to that chapter.
75     (f)  Members of the task force shall serve without
76compensation but are entitled to reimbursement for per diem and
77travel expenses in accordance with s. 112.061, Florida Statutes.
78     (g)  The Office of Drug Control within the Executive Office
79of the Governor shall provide staff support for the task force
80within existing appropriations.
81     (2)(a)  The task force shall study and take testimony
82regarding:
83     1.  The nature and extent of the problem of access to and
84the use and proliferation of drug paraphernalia in this state,
85including the extent to which the marketing, selling, or
86purchasing of items that may be used as drug paraphernalia may
87contribute to that problem.
88     2.  Businesses that sell items that may be used as drug
89paraphernalia, including, but not limited to, consideration of:
90     a.  The types, ownership, organization, and operation of
91those businesses.
92     b.  The regulation of those businesses and the state and
93federal laws applicable to them.
94     c.  The marketing or selling of those items by those
95businesses.
96     d.  The inventory and sale of those items relative to the
97total inventory and total sales of those businesses.
98     e.  Measures taken by those businesses to restrict
99purchases of those items by minors or otherwise restrict
100purchases of those items.
101     f.  The clientele of those businesses.
102     g.  The prevalence of civil or criminal enforcement actions
103taken against those businesses for violations of state or
104federal rules or laws that are relevant to prohibited activities
105involving drug paraphernalia.
106     h.  The location of those businesses relative to the
107location of schools; churches or places of worship;
108neighborhoods; and buildings, facilities, and areas where
109children may regularly congregate.
110     i.  The opinions and concerns of local residents, community
111and neighborhood activists and leaders, faith-based community
112members and leaders, school personnel and students, businesses,
113service providers, local law enforcement officials and officers,
114and local government officials regarding those businesses.
115     j.  Local or community efforts to restrict or regulate
116those businesses.
117     3.  Current rules and laws and current efforts by
118regulatory agencies and law enforcement agencies to abate access
119to and the use and proliferation of drug paraphernalia in this
120state, including, but not limited to, consideration of whether
121it is necessary to amend those rules or laws or propose new
122rules or new legislation.
123     4.  Approaches to abate access to and the use and
124proliferation of drug paraphernalia, including, but not limited
125to:
126     a.  Conforming the rules or laws of this state to federal
127rules or laws that are relevant to abating access to and the use
128and proliferation of drug paraphernalia.
129     b.  Restricting the marketing, selling, or purchasing of
130any item that may be used as drug paraphernalia and legal
131concerns relevant to that restriction.
132     c.  Adopting provisions of rules or laws of other states
133that are relevant to abating access to and the use and
134proliferation of drug paraphernalia.
135     5.  Any other subject that is relevant to abating access to
136and the use and proliferation of drug paraphernalia.
137     (b)  The task force shall submit a preliminary draft report
138of its findings and recommendations to the Governor, the
139President of the Senate, and the Speaker of the House of
140Representatives at least 45 days before the first day of the
1412008 Regular Session of the Legislature. The final report shall
142be filed with the Governor, the President of the Senate, and the
143Speaker of the House of Representatives at least 30 days before
144the first day of the 2008 Regular Session. In addition to the
145findings and recommendations included in the final report of the
146task force, the final report must include a draft of proposed
147rules and proposed legislation for any recommendations requiring
148proposed rules and proposed legislation.
149     (c)  Each state agency shall fully cooperate with the task
150force in the performance of its duties.
151     (3)(a)  All meetings of the task force and all business of
152the task force for which reimbursement may be requested shall be
153concluded before the final report is filed.
154     (b)  The task force is abolished July 1, 2008.
155     Section 2.  Task Force for the Remediation of Illicit Drug
156Labs.--
157     (1)(a)  There is created within the Executive Office of the
158Governor the Task Force for the Remediation of Illicit Drug
159Labs, a task force as defined in s. 20.03, Florida Statutes. The
160task force is created for the purpose of recommending strategies
161and actions for reducing or eliminating health risks from
162buildings in this state where methamphetamine or other
163contraband has been manufactured in violation of law.
164     (b)  The task force shall consist of the following 13
165members:
166     1.  The director of the Office of Drug Control within the
167Executive Office of the Governor, who shall serve as chairperson
168of the task force.
169     2.  The executive director of the Department of Law
170Enforcement or his or her designee.
171     3.  The Secretary of Health or his or her designee.
172     4.  The Secretary of Environmental Protection or his or her
173designee.
174     5.  The Secretary of Community Affairs or his or her
175designee.
176     6.  A member of the Senate, appointed by the President of
177the Senate.
178     7.  A member of the House of Representatives, appointed by
179the Speaker of the House of Representatives.
180     8.  A state attorney or his or her designee.
181     9.  A representative of the Florida League of Cities.
182     10.  A representative of the Florida Association of
183Counties.
184     11.  A sheriff or his or her designee.
185     12.  A police chief or his or her designee.
186     13.  A representative of the Florida Association of
187Realtors.
188     (c)  The Governor shall appoint the task force members
189described in subparagraphs (b)8.-13. by July 1, 2007. Such
190appointees must be representative of the geographic regions and
191ethnic and gender diversity of this state. The first meeting of
192the task force shall be held by August 1, 2007. All
193recommendations of the task force shall be by majority vote.
194Seven members constitute a quorum.
195     (d)  The task force shall meet at the call of the
196chairperson and shall conduct at least three public meetings in
197the state.
198     (e)  Members of the task force shall serve without
199compensation but are entitled to reimbursement for per diem and
200travel expenses in accordance with s. 112.061, Florida Statutes.
201     (f)  The Office of Drug Control within the Executive Office
202of the Governor, the Department of Law Enforcement, the
203Department of Health, the Department of Community Affairs, and
204the Department of Environmental Protection shall provide staff
205support for the task force within existing appropriations.
206     (2)  The task force shall study, take testimony, and
207develop findings and recommendations regarding the remediation
208of health risks from buildings in this state where
209methamphetamine or other contraband has been manufactured in
210violation of law, including, but not limited to:
211     (a)  The nature and extent of such remediation; the
212standards, training, and funding that are relevant to such
213remediation; and the responsibility for such remediation.
214     (b)  Current state or local laws governing remediation,
215including consideration of revisions to such laws.
216     (c)  Current federal laws or laws of other states which are
217relevant to such remediation, including the effectiveness of
218those laws in remediating health risks from buildings where
219contraband has been manufactured.
220     (d)  Any other subject that is relevant to reducing or
221eliminating the health risks from buildings in this state where
222methamphetamine or other contraband has been manufactured.
223     (3)  The task force shall submit a preliminary draft report
224of its findings and recommendations to the Governor, the
225President of the Senate, and the Speaker of the House of
226Representatives at least 90 days before the first day of the
2272008 Regular Session of the Legislature. The final report shall
228be filed with the Governor, the President of the Senate, and the
229Speaker of the House of Representatives at least 30 days before
230the first day of the 2008 Regular Session. In addition to the
231findings and recommendations included in the final report, the
232report must include a draft of proposed rules and proposed
233legislation for any recommendations requiring a change in rules
234or legislation.
235     (4)  Each state agency shall fully cooperate with the task
236force in the performance of its duties.
237     (5)  All meetings of the task force and all business of the
238task force for which reimbursement may be requested shall be
239concluded before the final report is filed.
240     Section 3.  This act shall take effect upon becoming a law.


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