1 | A bill to be entitled |
2 | An act relating to pain-management clinics; amending ss. |
3 | 458.327 and 459.013, F.S.; providing that persons who are |
4 | convicted of, enter a plea of guilty or nolo contendere |
5 | to, or have adjudication withheld for knowingly operating, |
6 | owning, or managing an unregistered pain-management clinic |
7 | are subject to the Florida Contraband Forfeiture Act; |
8 | amending s. 932.701, F.S.; redefining the term "contraband |
9 | article" as it relates to owning, operating, or managing |
10 | an unregistered pain-management clinic; amending s. |
11 | 932.7055, F.S.; requiring that proceeds from a forfeiture |
12 | involving an unregistered pain-management clinic be |
13 | deposited in the Crimes Compensation Trust Fund within the |
14 | Department of Revenue; providing an effective date. |
15 |
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16 | Be It Enacted by the Legislature of the State of Florida: |
17 |
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18 | Section 1. Subsection (1) of section 458.327, Florida |
19 | Statutes, is amended to read: |
20 | 458.327 Penalty for violations.- |
21 | (1) Each of the following acts constitutes a felony of the |
22 | third degree, punishable as provided in s. 775.082, s. 775.083, |
23 | or s. 775.084: |
24 | (a) The practice of medicine or an attempt to practice |
25 | medicine without a license to practice in Florida. |
26 | (b) The use or attempted use of a license which is |
27 | suspended or revoked to practice medicine. |
28 | (c) Attempting to obtain or obtaining a license to |
29 | practice medicine by knowing misrepresentation. |
30 | (d) Attempting to obtain or obtaining a position as a |
31 | medical practitioner or medical resident in a clinic or hospital |
32 | through knowing misrepresentation of education, training, or |
33 | experience. |
34 | (e) Knowingly operating, owning, or managing an |
35 | unregistered a nonregistered pain-management clinic that is |
36 | required to be registered with the Department of Health pursuant |
37 | to s. 458.3265(1). A person who is convicted of, enters a plea |
38 | of guilty or nolo contendere to, or has adjudication withheld |
39 | for knowingly operating, owning, or managing an unregistered |
40 | pain-management clinic that is required to be registered with |
41 | the Department of Health is also subject to the Florida |
42 | Contraband Forfeiture Act as provided in ss. 932.701-932.706. |
43 | Section 2. Subsection (1) of section 459.013, Florida |
44 | Statutes, is amended to read: |
45 | 459.013 Penalty for violations.- |
46 | (1) Each of the following acts constitutes a felony of the |
47 | third degree, punishable as provided in s. 775.082, s. 775.083, |
48 | or s. 775.084: |
49 | (a) The practice of osteopathic medicine, or an attempt to |
50 | practice osteopathic medicine, without an active license or |
51 | certificate issued pursuant to this chapter. |
52 | (b) The practice of osteopathic medicine by a person |
53 | holding a limited license, osteopathic faculty certificate, or |
54 | other certificate issued under this chapter beyond the scope of |
55 | practice authorized for such licensee or certificateholder. |
56 | (c) Attempting to obtain or obtaining a license to |
57 | practice osteopathic medicine by knowing misrepresentation. |
58 | (d) Attempting to obtain or obtaining a position as an |
59 | osteopathic medical practitioner or osteopathic medical resident |
60 | in a clinic or hospital through knowing misrepresentation of |
61 | education, training, or experience. |
62 | (e) Knowingly operating, owning, or managing a |
63 | nonregistered pain-management clinic that is required to be |
64 | registered with the Department of Health pursuant to s. |
65 | 459.0137(1). A person who is convicted of, enters a plea of |
66 | guilty or nolo contendere to, or has adjudication withheld for |
67 | knowingly operating, owning, or managing an unregistered pain- |
68 | management clinic that is required to be registered with the |
69 | Department of Health is also subject to the Florida Contraband |
70 | Forfeiture Act as provided in ss. 932.701-932.706. |
71 | Section 3. Section 932.701, Florida Statutes, is amended |
72 | to read: |
73 | 932.701 Short title; definitions.- |
74 | (1) Sections 932.701-932.706 shall be known and may be |
75 | cited as the "Florida Contraband Forfeiture Act." |
76 | (2) As used in the Florida Contraband Forfeiture Act: |
77 | (a) "Contraband article" means: |
78 | 1. Any controlled substance as defined in chapter 893 or |
79 | any substance, device, paraphernalia, or currency or other means |
80 | of exchange that was used, was attempted to be used, or was |
81 | intended to be used in violation of any provision of chapter |
82 | 893, if the totality of the facts presented by the state is |
83 | clearly sufficient to meet the state's burden of establishing |
84 | probable cause to believe that a nexus exists between the |
85 | article seized and the narcotics activity, whether or not the |
86 | use of the contraband article can be traced to a specific |
87 | narcotics transaction. |
88 | 2. Any gambling paraphernalia, lottery tickets, money, |
89 | currency, or other means of exchange which was used, was |
90 | attempted, or intended to be used in violation of the gambling |
91 | laws of the state. |
92 | 3. Any equipment, liquid or solid, which was being used, |
93 | is being used, was attempted to be used, or intended to be used |
94 | in violation of the beverage or tobacco laws of the state. |
95 | 4. Any motor fuel upon which the motor fuel tax has not |
96 | been paid as required by law. |
97 | 5. Any personal property, including, but not limited to, |
98 | any vessel, aircraft, item, object, tool, substance, device, |
99 | weapon, machine, vehicle of any kind, money, securities, books, |
100 | records, research, negotiable instruments, or currency, which |
101 | was used or was attempted to be used as an instrumentality in |
102 | the commission of, or in aiding or abetting in the commission |
103 | of, any felony, whether or not comprising an element of the |
104 | felony, or which is acquired by proceeds obtained as a result of |
105 | a violation of the Florida Contraband Forfeiture Act. |
106 | 6. Any real property, including any right, title, |
107 | leasehold, or other interest in the whole of any lot or tract of |
108 | land, which was used, is being used, or was attempted to be used |
109 | as an instrumentality in the commission of, or in aiding or |
110 | abetting in the commission of, any felony, or which is acquired |
111 | by proceeds obtained as a result of a violation of the Florida |
112 | Contraband Forfeiture Act. |
113 | 7. Any personal property, including, but not limited to, |
114 | equipment, money, securities, books, records, research, |
115 | negotiable instruments, currency, or any vessel, aircraft, item, |
116 | object, tool, substance, device, weapon, machine, or vehicle of |
117 | any kind in the possession of or belonging to any person who |
118 | takes aquaculture products in violation of s. 812.014(2)(c). |
119 | 8. Any motor vehicle offered for sale in violation of s. |
120 | 320.28. |
121 | 9. Any motor vehicle used during the course of committing |
122 | an offense in violation of s. 322.34(9)(a). |
123 | 10. Any photograph, film, or other recorded image, |
124 | including an image recorded on videotape, a compact disc, |
125 | digital tape, or fixed disk, that is recorded in violation of s. |
126 | 810.145 and is possessed for the purpose of amusement, |
127 | entertainment, sexual arousal, gratification, or profit, or for |
128 | the purpose of degrading or abusing another person. |
129 | 11. Any real property, including any right, title, |
130 | leasehold, or other interest in the whole of any lot or tract of |
131 | land, which is acquired by proceeds obtained as a result of |
132 | Medicaid fraud under s. 409.920 or s. 409.9201; any personal |
133 | property, including, but not limited to, equipment, money, |
134 | securities, books, records, research, negotiable instruments, or |
135 | currency; or any vessel, aircraft, item, object, tool, |
136 | substance, device, weapon, machine, or vehicle of any kind in |
137 | the possession of or belonging to any person which is acquired |
138 | by proceeds obtained as a result of Medicaid fraud under s. |
139 | 409.920 or s. 409.9201. |
140 | 12. Any real property, including any right, title, |
141 | leasehold, or other interest in the whole of any lot or tract of |
142 | land, which is acquired by proceeds obtained as a result of |
143 | knowingly operating, owning, or managing an unregistered pain- |
144 | management clinic as prohibited in s. 458.327(1) or s. |
145 | 459.013(1); or any personal property, including, but not limited |
146 | to, equipment, money, securities, books, records, research, |
147 | negotiable instruments, or currency; or any vessel, aircraft, |
148 | item, object, tool, substance, device, weapon, machine, or |
149 | vehicle of any kind in the possession of or belonging to a |
150 | person which is acquired by proceeds obtained as a result of |
151 | knowingly operating, owning, or managing an unregistered pain- |
152 | management clinic as prohibited in s. 458.327(1) or s. |
153 | 459.013(1). |
154 | (b) "Bona fide lienholder" means the holder of a lien |
155 | perfected pursuant to applicable law. |
156 | (c) "Promptly proceed" means to file the complaint within |
157 | 45 days after seizure. |
158 | (d) "Complaint" is a petition for forfeiture filed in the |
159 | civil division of the circuit court by the seizing agency |
160 | requesting the court to issue a judgment of forfeiture. |
161 | (e) "Person entitled to notice" means any owner, entity, |
162 | bona fide lienholder, or person in possession of the property |
163 | subject to forfeiture when seized, who is known to the seizing |
164 | agency after a diligent search and inquiry. |
165 | (f) "Adversarial preliminary hearing" means a hearing in |
166 | which the seizing agency is required to establish probable cause |
167 | that the property subject to forfeiture was used in violation of |
168 | the Florida Contraband Forfeiture Act. |
169 | (g) "Forfeiture proceeding" means a hearing or trial in |
170 | which the court or jury determines whether the subject property |
171 | shall be forfeited. |
172 | (h) "Claimant" means any party who has proprietary |
173 | interest in property subject to forfeiture and has standing to |
174 | challenge such forfeiture, including owners, registered owners, |
175 | bona fide lienholders, and titleholders. |
176 | Section 4. Paragraph (a) of subsection (6) of section |
177 | 932.7055, Florida Statutes, is amended to read: |
178 | 932.7055 Disposition of liens and forfeited property.- |
179 | (6) If the seizing agency is a state agency, all remaining |
180 | proceeds shall be deposited into the General Revenue Fund. |
181 | However, if the seizing agency is: |
182 | (a) The Department of Law Enforcement, the proceeds |
183 | accrued pursuant to the provisions of the Florida Contraband |
184 | Forfeiture Act shall be deposited into the following trust |
185 | funds: |
186 | 1. The Forfeiture and Investigative Support Trust Fund as |
187 | provided in s. 943.362; or into |
188 | 2. The department's Federal Law Enforcement Trust Fund as |
189 | provided in s. 943.365, as applicable; or. |
190 | 3. The Crimes Compensation Trust Fund if the forfeiture |
191 | involves an unregistered pain-management clinic. |
192 | Section 5. This act shall take effect October 1, 2011. |