Florida Senate - 2014                             CS for SB 1208
       By the Committee on Criminal Justice; and Senator Latvala
       591-02377-14                                          20141208c1
    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 unless it which has not been
   36  completed and signed by the practitioner whose name appears
   37  printed thereon and completed. This subparagraph does not apply
   38  if, unless the person in possession of the form is that
   39  practitioner, is an agent or employee of that practitioner, is a
   40  pharmacist, or is a supplier of prescription forms who is
   41  authorized by that practitioner to possess those forms.
   42         8. Withhold information from a practitioner from whom the
   43  person seeks to obtain a controlled substance or a prescription
   44  for a controlled substance that the person making the request
   45  has received a controlled substance or a prescription for a
   46  controlled substance of like therapeutic use from another
   47  practitioner within the previous 30 days.
   48         9. Acquire or obtain, or attempt to acquire or obtain,
   49  possession of a controlled substance by misrepresentation,
   50  fraud, forgery, deception, or subterfuge.
   51         10. Affix any false or forged label to a package or
   52  receptacle containing a controlled substance.
   53         11. Furnish false or fraudulent material information in, or
   54  omit any material information from, any report or other document
   55  required to be kept or filed under this chapter or any record
   56  required to be kept by this chapter.
   57         12. Store anhydrous ammonia in a container that is not
   58  approved by the United States Department of Transportation to
   59  hold anhydrous ammonia or is not constructed in accordance with
   60  sound engineering, agricultural, or commercial practices.
   61         13. With the intent to obtain a controlled substance or
   62  combination of controlled substances that are not medically
   63  necessary for the person or an amount of a controlled substance
   64  or substances that is not medically necessary for the person,
   65  obtain or attempt to obtain from a practitioner a controlled
   66  substance or a prescription for a controlled substance by
   67  misrepresentation, fraud, forgery, deception, subterfuge, or
   68  concealment of a material fact. For purposes of this
   69  subparagraph, a material fact includes whether the person has an
   70  existing prescription for a controlled substance issued for the
   71  same period of time by another practitioner or as described in
   72  subparagraph 8.
   73         (c) A Any person who violates the provisions of
   74  subparagraphs (a)1.-6. (a)1.-7. commits a misdemeanor of the
   75  first degree, punishable as provided in s. 775.082 or s.
   76  775.083,; except that, upon a second or subsequent violation,
   77  the person commits a felony of the third degree, punishable as
   78  provided in s. 775.082, s. 775.083, or s. 775.084.
   79         (d) A Any person who violates the provisions of
   80  subparagraphs (a)7.-12. (a)8.-12. commits a felony of the third
   81  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   82  775.084.
   83         Section 2. This act shall take effect October 1, 2014.