Florida Senate - 2018                                     SB 886
       
       
        
       By Senator Baxley
       
       
       
       
       
       12-00489-18                                            2018886__
    1                        A bill to be entitled                      
    2         An act relating to defrauding or attempting to defraud
    3         drug tests; amending s. 817.565, F.S.; defining the
    4         term “adulterant”; prohibiting a person from
    5         defrauding or attempting to defraud a certain hair
    6         follicle test; prohibiting a person from giving away
    7         or transporting into this state a substance or device
    8         that is used with intent to defraud or in attempts to
    9         defraud a lawfully administered hair follicle test
   10         designed to detect the presence of chemical substances
   11         or controlled substances; creating enhanced criminal
   12         penalties; creating a presumption of intent to defraud
   13         or attempt to defraud under certain circumstances;
   14         providing an effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Section 817.565, Florida Statutes, is amended to
   19  read:
   20         817.565 Chemical and controlled substance Urine testing,
   21  fraudulent practices; penalties; presumption.—
   22         (1) As used in this section, the term “adulterant” means a
   23  substance that is not expected to be in human urine or a
   24  substance expected to be present in human urine but which is at
   25  a concentration higher than that which is consistent with human
   26  urine, including, but not limited to, any of the following:
   27         (a) Bleach.
   28         (b) Chromium.
   29         (c) Creatinine.
   30         (d) Detergent.
   31         (e) Glutaraldehyde.
   32         (f) Glutaraldehyde/squalene.
   33         (g) Hydrochloric acid.
   34         (h) Hydroiodic acid.
   35         (i) Iodine.
   36         (j) Nitrite.
   37         (k) Peroxidase.
   38         (l) Potassium dichromate.
   39         (m) Potassium nitrite.
   40         (n) Pyridinium chlorochromate.
   41         (o) Sodium nitrite.
   42         (2) A person may not It is unlawful for any person:
   43         (a) willfully to defraud or attempt to defraud a any
   44  lawfully administered urine or hair follicle test designed to
   45  detect the presence of chemical substances or controlled
   46  substances. A person who violates this subsection commits a
   47  misdemeanor of the first degree, punishable as provided in s.
   48  775.082 or s. 775.083.
   49         (3)(b) A person may not willfully to manufacture,
   50  advertise, sell, give away, or distribute, or transport into
   51  this state a any substance, including an adulterant, a drug
   52  masking product, or synthetic or human urine, or device that
   53  which is used with intent intended to defraud or in attempt to
   54  defraud a any lawfully administered urine or hair follicle test
   55  designed to detect the presence of chemical substances or
   56  controlled substances. A person who violates this subsection
   57  commits a misdemeanor of the first degree, punishable as
   58  provided in s. 775.082 or s. 775.083. A person who is convicted
   59  under this subsection and violates this subsection a second or
   60  subsequent time commits a felony of the third degree, punishable
   61  as provided in s. 775.082, s. 775.083, or s. 775.084.
   62         (4) Intent to defraud or attempt to defraud a lawfully
   63  administered urine or hair follicle test under this section is
   64  presumed if:
   65         (a) A heating element or any other device used to thwart
   66  the test accompanies the transporting into this state,
   67  advertising, sale, giving away, or distribution of the substance
   68  or device; or
   69         (b) Instructions that provide a method for thwarting the
   70  test accompany the transporting into this state, advertising,
   71  sale, giving away, or distribution of the substance or device.
   72         (2) Any person who violates the provisions of this section
   73  is guilty of a misdemeanor of the first degree, punishable as
   74  provided in s. 775.082 or s. 775.083.
   75         Section 2. This act shall take effect October 1, 2018.