Florida Senate - 2012 SB 742 By Senator Fasano 11-00363A-12 2012742__ 1 A bill to be entitled 2 An act relating to the Commission for a Drug-Free 3 Florida; providing definitions; creating the 4 Commission for a Drug-Free Florida within the 5 Executive Office of the Governor; providing a purpose; 6 providing duties; requiring that the commission submit 7 a report and recommendations to the Governor and the 8 Legislature by a specified date each year; providing 9 for membership, terms, and meetings; requiring that 10 members serve without compensation, but are entitled 11 to reimbursement for per diem and travel expenses; 12 requiring that the Executive Office of the Governor 13 provide the commission with staff; requiring that the 14 Florida Center for Prevention Research within Florida 15 State University provide administrative and logistical 16 support to the commission; requiring that the 17 commission be funded by court fees deposited into the 18 Drug-Free Florida Trust Fund; providing for the 19 assessment and collection of the court fees; 20 authorizing the Executive Office of the Governor to 21 adopt rules; providing an effective date. 22 23 Be It Enacted by the Legislature of the State of Florida: 24 25 Section 1. (1) DEFINITIONS.—As used in this section, the 26 term: 27 (a) “Commission” means the Commission for a Drug-Free 28 Florida within the Executive Office of the Governor. 29 (b) “Local established antidrug coalition or coordinating 30 council” means a countywide citizen body approved and appointed 31 by the commission to plan, monitor, and evaluate comprehensive 32 local alcohol and drug abuse plans. 33 (2) CREATION; PURPOSE.—The Commission for a Drug-Free 34 Florida is created within the Executive Office of the Governor 35 for the purpose of improving and streamlining state and local 36 efforts in alcohol and drug abuse prevention while ensuring that 37 comprehensive alcohol and drug programs are available throughout 38 the state. 39 (3) DUTIES; REPORTS.— 40 (a) The commission shall: 41 1. Establish an interagency council to coordinate the 42 alcohol and drug education, prevention, treatment, and justice 43 programming and funding responsibilities of state agencies, 44 commissions, and boards, including the approval of alcohol and 45 drug abuse prevention plans and funding applications by state 46 agencies, commissions, and boards. 47 2. Coordinate among state agencies the collection of data 48 concerning alcohol and drug abuse, such that there is a singular 49 point of access to the information for use and assessment, and 50 coordinate the collection of data concerning the needs, 51 programming, and effectiveness of state-supported programs and 52 services. 53 3. Maintain a system of support to provide local 54 established antidrug coalitions or coordinating councils with 55 technical assistance, guidance, or direct funding resources. 56 4. Assist the development of local established antidrug 57 coalitions or coordinating councils to identify community 58 alcohol and drug programs; coordinate community initiatives; 59 design comprehensive, collaborative community strategies; and 60 monitor alcohol reduction and antidrug activities at the local 61 level. 62 5. Establish roles, responsibilities, and performance 63 standards for the local established antidrug coalitions or 64 coordinating councils. 65 6. Recommend to the Governor and Legislature long-range and 66 short-range goals, objectives, and strategies and legislative 67 proposals to be implemented at the state and local level to 68 reduce alcohol and drug abuse. 69 7. Assist local communities in the development of drug 70 related crime control efforts that are citizen based. 71 (b) By December 30 of each year, the commission shall 72 submit a report to the Governor, the President of the Senate, 73 the Speaker of the House of Representatives, and the chairs of 74 the criminal justice and health care committees of both houses 75 of the Legislature. The report must contain recommendations and 76 a summary of the activities of the commission during that year. 77 The commission may submit interim reports as determined by its 78 chair. 79 (4) MEMBERSHIP, TERMS, AND MEETINGS.—The commission must 80 consist of 24 members who have distinguished themselves in their 81 respective fields and who have experience or an interest in 82 attempting to eliminate alcohol and drug abuse in the state. 83 (a) The commission must be comprised of the following 84 members: 85 1. The Governor or his or her designee, who shall serve as 86 a nonvoting, ex officio member of the commission and shall act 87 as chair. 88 2. The Attorney General or his or her designee, who shall 89 serve as a nonvoting, ex officio member of the commission and 90 shall act as chair in the absence of the Governor or his or her 91 designee. 92 3. Fifteen voting members appointed by the Governor who 93 have experience or expertise in at least one of the following 94 areas: 95 a. Family relations. 96 b. Religion. 97 c. Education. 98 d. Civic or private organizations. 99 e. Business. 100 f. Drug prevention. 101 g. Drug treatment. 102 h. Medicine. 103 i. Local government. 104 j. Judiciary. 105 k. Law enforcement. 106 l. Self-help organizations. 107 m. Youth. 108 109 When appointing members to the commission, the Governor shall 110 consider geography, population, ethnicity, and other relevant 111 factors to ensure that the membership of the commission is 112 representative of the state at large. 113 4. Two secretaries of state agencies appointed by the 114 Governor. 115 5. Four members of the Legislature, who shall serve as 116 nonvoting, ex officio members of the commission. The President 117 of the Senate shall appoint two members of the Senate who are 118 not of the same political party. The Speaker of the House of 119 Representatives shall appoint two members of the House of 120 Representatives who are not of the same political party. 121 6. One member of the judiciary appointed by the Chief 122 Justice of the Supreme Court, who shall serve as a nonvoting, ex 123 officio member of the commission. 124 (b) Members appointed by the Governor, the President of the 125 Senate, the Speaker of the House of Representatives, and the 126 Chief Justice of the Supreme Court shall be appointed to 4-year 127 terms. However, for the purpose of providing staggered terms, of 128 the Governor’s initial appointments that are not secretaries of 129 state agencies, seven members shall be appointed to 2-year 130 terms, and eight members shall be appointed to 4-year terms. Any 131 vacancy on the commission shall be filled in the same manner as 132 the original appointment. Any member appointed to fill a vacancy 133 occurring because of death, resignation, or ineligibility for 134 membership shall serve only for the unexpired term of the 135 member’s predecessor. A member is eligible for reappointment. 136 (c) The commission shall meet once per month at the call of 137 the chair. Eight voting members of the commission constitute a 138 quorum. The commission is not prohibited from conducting 139 business as a result of a vacancy. 140 (5) PER DIEM, TRAVEL, AND STAFFING.— 141 (a) Members of the commission or their designees shall 142 serve without compensation, but are entitled to reimbursement 143 for per diem and travel expenses pursuant to s. 112.061, Florida 144 Statutes. Members or their designees shall be reimbursed from 145 funds deposited into the Drug-Free Florida Trust Fund or as 146 specified by the Legislature in the General Appropriations Act. 147 (b) The Executive Office of the Governor shall provide the 148 commission with the staff necessary to assist the commission in 149 the performance of its duties. The Florida Center for Prevention 150 Research within Florida State University shall provide 151 administrative and logistical support for the commission, 152 including management of the commission’s resources. 153 (6) FUNDING.—The commission shall be funded by court fees 154 deposited into the Drug-Free Florida Trust Fund. The court fees 155 shall be assessed and collected as follows: 156 (a) A court shall assess a drug abuse, prosecution, 157 interdiction, and correction fee of at least $200 and not more 158 than $1,000 against a person convicted of an offense relating to 159 controlled substances. In determining the amount of the fee, the 160 court shall consider the person’s ability to pay the fee. The 161 clerk of court shall collect the fee. 162 (b) The clerk of court shall collect an alcohol and drug 163 countermeasure fee of $200 in each action in which a person is 164 found to have violated s. 316.193, Florida Statutes, or has been 165 adjudicated delinquent for an act that would be an offense under 166 s. 316.193, Florida Statutes, if committed by an adult, and if 167 the person’s driving privileges is suspended by the court or the 168 Department of Highway Safety and Motor Vehicles as a result of 169 the adjudication. 170 (c) The clerk of court shall collect an alcohol and drug 171 countermeasure fee of $200 in each action in which a person is 172 charged with driving under the influence pursuant to s. 316.193, 173 Florida Statutes, and, by a plea agreement or an agreement of 174 the parties, a judgment is entered for reckless driving under s. 175 316.192, Florida Statutes, or disorderly intoxication under s. 176 856.011, Florida Statutes, and the person agrees to pay the fee. 177 (7) RULES.—The Executive Office of the Governor may adopt 178 rules to administer this section. 179 Section 2. This act shall take effect July 1, 2012.