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.