Florida Senate - 2014 SB 1208
By Senator Latvala
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
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
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.
84 Section 2. This act shall take effect October 1, 2014.