| 1 | A bill to be entitled |
| 2 | An act relating to sexual predators; creating s. 794.075, |
| 3 | F.S.; defining the term "drug"; prohibiting distribution |
| 4 | of any drug treating erectile dysfunction to a person |
| 5 | designated as a sexual predator; providing an affirmative |
| 6 | defense; prohibiting a sexual predator from possessing |
| 7 | such a drug; providing criminal penalties; providing an |
| 8 | effective date. |
| 9 |
|
| 10 | Be It Enacted by the Legislature of the State of Florida: |
| 11 |
|
| 12 | Section 1. Section 794.075, Florida Statutes, is created |
| 13 | to read: |
| 14 | 794.075 Sexual predators; erectile dysfunction drugs.-- |
| 15 | (1) For purposes of this section, the term "drug" has the |
| 16 | same meaning as in s. 499.003. |
| 17 | (2)(a) A person may not distribute any drug treating |
| 18 | erectile dysfunction to a person designated as a sexual predator |
| 19 | under s. 775.21. |
| 20 | (b) It is an affirmative defense to a charge under this |
| 21 | subsection that the sexual predator was not listed on the sexual |
| 22 | predator registry at the time the drug was distributed. |
| 23 | (3) A person may not possess an erectile dysfunction drug |
| 24 | if the person is designated as a sexual predator under s. |
| 25 | 775.21. |
| 26 | (4) A person who violates a provision of this section for |
| 27 | the first time commits a misdemeanor of the second degree, |
| 28 | punishable as provided in s. 775.082 or s. 775.083. A person who |
| 29 | violates a provision of this section a second or subsequent time |
| 30 | commits a misdemeanor of the first degree, punishable as |
| 31 | provided in s. 775.082 or s. 775.083. |
| 32 | Section 2. This act shall take effect July 1, 2006. |