Florida Senate - 2014                                    SB 1208
       By Senator Latvala
       20-01098A-14                                          20141208__
    1                        A bill to be entitled                      
    2         An act relating to fraudulent controlled substance
    3         prescriptions; amending s. 893.13, F.S.; revising
    4         provisions prohibiting possession of incomplete
    5         prescription forms; providing enhanced criminal
    6         penalties for violations involving incomplete
    7         prescription forms; providing an effective date.
    9  Be It Enacted by the Legislature of the State of Florida:
   11         Section 1. Paragraphs (a), (c), and (d) of subsection (7)
   12  of section 893.13, Florida Statutes, are amended to read:
   13         893.13 Prohibited acts; penalties.—
   14         (7)(a) A person may not:
   15         1. Distribute or dispense a controlled substance in
   16  violation of this chapter.
   17         2. Refuse or fail to make, keep, or furnish any record,
   18  notification, order form, statement, invoice, or information
   19  required under this chapter.
   20         3. Refuse entry into any premises for any inspection or
   21  refuse to allow any inspection authorized by this chapter.
   22         4. Distribute a controlled substance named or described in
   23  s. 893.03(1) or (2) except pursuant to an order form as required
   24  by s. 893.06.
   25         5. Keep or maintain any store, shop, warehouse, dwelling,
   26  building, vehicle, boat, aircraft, or other structure or place
   27  which is resorted to by persons using controlled substances in
   28  violation of this chapter for the purpose of using these
   29  substances, or which is used for keeping or selling them in
   30  violation of this chapter.
   31         6. Use to his or her own personal advantage, or reveal, any
   32  information obtained in enforcement of this chapter except in a
   33  prosecution or administrative hearing for a violation of this
   34  chapter.
   35         7. Possess a prescription form that which has not been
   36  completed in its entirety by the practitioner whose name appears
   37  printed thereon, or that has not been and signed by the
   38  practitioner whose name appears printed thereon, unless the
   39  person is that practitioner, is an agent or employee of that
   40  practitioner, is a pharmacist, or is a supplier of prescription
   41  forms who is authorized by that practitioner to possess those
   42  forms.
   43         8. Withhold information from a practitioner from whom the
   44  person seeks to obtain a controlled substance or a prescription
   45  for a controlled substance that the person making the request
   46  has received a controlled substance or a prescription for a
   47  controlled substance of like therapeutic use from another
   48  practitioner within the previous 30 days.
   49         9. Acquire or obtain, or attempt to acquire or obtain,
   50  possession of a controlled substance by misrepresentation,
   51  fraud, forgery, deception, or subterfuge.
   52         10. Affix any false or forged label to a package or
   53  receptacle containing a controlled substance.
   54         11. Furnish false or fraudulent material information in, or
   55  omit any material information from, any report or other document
   56  required to be kept or filed under this chapter or any record
   57  required to be kept by this chapter.
   58         12. Store anhydrous ammonia in a container that is not
   59  approved by the United States Department of Transportation to
   60  hold anhydrous ammonia or is not constructed in accordance with
   61  sound engineering, agricultural, or commercial practices.
   62         13. With the intent to obtain a controlled substance or
   63  combination of controlled substances that are not medically
   64  necessary for the person or an amount of a controlled substance
   65  or substances that is not medically necessary for the person,
   66  obtain or attempt to obtain from a practitioner a controlled
   67  substance or a prescription for a controlled substance by
   68  misrepresentation, fraud, forgery, deception, subterfuge, or
   69  concealment of a material fact. For purposes of this
   70  subparagraph, a material fact includes whether the person has an
   71  existing prescription for a controlled substance issued for the
   72  same period of time by another practitioner or as described in
   73  subparagraph 8.
   74         (c) A Any person who violates the provisions of
   75  subparagraphs (a)1.-6. (a)1.-7. commits a misdemeanor of the
   76  first degree, punishable as provided in s. 775.082 or s.
   77  775.083,; except that, upon a second or subsequent violation,
   78  the person commits a felony of the third degree, punishable as
   79  provided in s. 775.082, s. 775.083, or s. 775.084.
   80         (d) A Any person who violates the provisions of
   81  subparagraphs (a)7.-12. (a)8.-12. commits a felony of the third
   82  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   83  775.084.
   84         Section 2. This act shall take effect October 1, 2014.