HB 1325

1
A bill to be entitled
2An act relating to controlled substances; amending s.
339.301, F.S.; requiring the Department of Children and
4Family Services to file a petition for dependency for the
5children of parents involved in certain controlled
6substance crimes; amending s. 893.02, F.S.; defining the
7term "clandestine laboratory"; amending s. 893.13, F.S.;
8revising provisions relating to criminal penalties for
9controlled substance violations that result in serious
10injury to specified individuals; creating s. 627.4107,
11F.S.; prohibiting refusal to insure or cancellation of
12life or health insurance policies or certificates of
13specified local, state, or federal employees due to
14exposure to toxic chemicals or due to disease or injury
15incurred in their duties related to controlled substance
16law violations committed by others; providing penalties;
17amending s. 907.041, F.S.; revising a definition; revising
18provisions relating to pretrial release of certain
19defendants charged with certain controlled substance
20offenses; amending ss. 465.016, 465.023, 856.015, 893.135,
21944.47, 951.22, and 985.4046, F.S.; conforming cross-
22references; providing an effective date.
23
24Be It Enacted by the Legislature of the State of Florida:
25
26     Section 1.  Paragraph (b) of subsection (8) of section
2739.301, Florida Statutes, is amended to read:
28     39.301  Initiation of protective investigations.--
29     (8)  The person responsible for the investigation shall
30make a preliminary determination as to whether the report is
31complete, consulting with the attorney for the department when
32necessary. In any case in which the person responsible for the
33investigation finds that the report is incomplete, he or she
34shall return it without delay to the person or agency
35originating the report or having knowledge of the facts, or to
36the appropriate law enforcement agency having investigative
37jurisdiction, and request additional information in order to
38complete the report; however, the confidentiality of any report
39filed in accordance with this chapter shall not be violated.
40     (b)  If it is determined that the child is in need of the
41protection and supervision of the court, the department shall
42file a petition for dependency. A petition for dependency shall
43be filed in all cases classified by the department as high-risk.
44Factors that the department may consider in determining whether
45a case is high-risk include, but are not limited to, the young
46age of the parents or legal custodians, the use of illegal
47drugs, the arrest of the parents or legal custodians on charges
48of manufacturing, processing, cooking, disposing of, or storing,
49either temporarily or permanently, any substances in violation
50of chapter 893, or domestic violence.
51     Section 2.  Subsections (4) through (21) of section 893.02,
52Florida Statutes, are renumbered as subsections (5) through
53(22), respectively, and a new subsection (4) is added to that
54section to read:
55     893.02  Definitions.--The following words and phrases as
56used in this chapter shall have the following meanings, unless
57the context otherwise requires:
58     (4)  "Clandestine laboratory" means any location and
59proximate areas set aside or used that are likely to be
60contaminated as a result of manufacturing, processing, cooking,
61disposing of, or storing, either temporarily or permanently, any
62substances in violation of this chapter, except as such
63activities are authorized in chapter 499.
64     Section 3.  Subsection (12) of section 893.13, Florida
65Statutes, is amended to read:
66     893.13  Prohibited acts; penalties.--
67     (12)  If a person violates any provision of this chapter
68and the violation results in a serious injury to a state or
69local law enforcement officer as defined in s. 943.10,
70firefighter as defined in s. 633.30, emergency medical
71technician as defined in s. 401.23, paramedic as defined in s.
72401.23, employee of a public utility or an electric utility as
73defined in s. 366.02, animal control officer as defined in s.
74828.27, volunteer firefighter engaged by state or local
75government, law enforcement officer employed by the Federal
76Government, or any other local, state, or Federal Government
77employee injured during the course and scope of his or her
78employment state, local, or federal law enforcement officer, the
79person commits a felony of the third degree, punishable as
80provided in s. 775.082, s. 775.083, or s. 775.084. If the injury
81sustained results in death or great bodily harm, the person
82commits a felony of the second degree, punishable as provided in
83s. 775.082, s. 775.083, or s. 775.084.
84     Section 4.  Section 627.4107, Florida Statutes, is created
85to read:
86     627.4107  Government employees exposed to toxic drug
87chemicals; refusal to insure and cancellation of life or health
88policy or certificate prohibited.--No life or health insurer may
89cancel or nonrenew a life or health insurance policy or
90certificate of insurance providing coverage to, or refuse to
91insure, a state or local law enforcement officer as defined in
92s. 943.10, firefighter as defined in s. 633.30, emergency
93medical technician as defined in s. 401.23, or paramedic as
94defined in s. 401.23, a volunteer firefighter engaged by state
95or local government, a law enforcement officer employed by the
96Federal Government, or any other local, state, or Federal
97Government employee solely based on the fact that the individual
98has been exposed to toxic chemicals or suffered injury or
99disease as a result of the individual's lawful duties arising
100out of the commission of a violation of chapter 893 by another
101person. This section does not apply to any person who commits an
102offense under chapter 893.
103     Section 5.  Paragraph (a) of subsection (4) of section
104907.041, Florida Statutes, is amended, and paragraph (l) is
105added to that subsection, to read:
106     907.041  Pretrial detention and release.--
107     (4)  PRETRIAL DETENTION.--
108     (a)  As used in this subsection, "dangerous crime" means
109any of the following:
110     1.  Arson;
111     2.  Aggravated assault;
112     3.  Aggravated battery;
113     4.  Illegal use of explosives;
114     5.  Child abuse or aggravated child abuse;
115     6.  Abuse of an elderly person or disabled adult, or
116aggravated abuse of an elderly person or disabled adult;
117     7.  Aircraft piracy;
118     8.  Kidnapping;
119     9.  Homicide;
120     10.  Manslaughter;
121     11.  Sexual battery;
122     12.  Robbery;
123     13.  Carjacking;
124     14.  Lewd, lascivious, or indecent assault or act upon or
125in presence of a child under the age of 16 years;
126     15.  Sexual activity with a child, who is 12 years of age
127or older but less than 18 years of age, by or at solicitation of
128person in familial or custodial authority;
129     16.  Burglary of a dwelling;
130     17.  Stalking and aggravated stalking;
131     18.  Act of domestic violence as defined in s. 741.28;
132     19.  Home invasion robbery;
133     20.  Act of terrorism as defined in s. 775.30; and
134     21.  Manufacturing or cooking any substances in violation
135of chapter 893; and
136     22.21.  Attempting or conspiring to commit any such crime.
137     (l)  The Legislature finds that a person who manufactures
138or cooks any substances in violation of chapter 893 poses a
139threat of harm to the community and that the factual
140circumstances of such a crime indicate a disregard for the
141safety of the community. If the court finds that there is a
142substantial probability that a defendant charged with
143manufacturing or cooking any substances in violation of chapter
144893 committed such a crime, there are no conditions of release
145reasonably sufficient to protect the community from the risk of
146physical harm to persons and therefore the court shall order
147pretrial detention.
148     Section 6.  Paragraph (s) of subsection (1) of section
149465.016, Florida Statutes, is amended to read:
150     465.016  Disciplinary actions.--
151     (1)  The following acts constitute grounds for denial of a
152license or disciplinary action, as specified in s. 456.072(2):
153     (s)  Dispensing any medicinal drug based upon a
154communication that purports to be a prescription as defined by
155s. 465.003(14) or s. 893.02(20) when the pharmacist knows or has
156reason to believe that the purported prescription is not based
157upon a valid practitioner-patient relationship.
158     Section 7.  Paragraph (e) of subsection (1) of section
159465.023, Florida Statutes, is amended to read:
160     465.023  Pharmacy permittee; disciplinary action.--
161     (1)  The department or the board may revoke or suspend the
162permit of any pharmacy permittee, and may fine, place on
163probation, or otherwise discipline any pharmacy permittee who
164has:
165     (e)  Dispensed any medicinal drug based upon a
166communication that purports to be a prescription as defined by
167s. 465.003(14) or s. 893.02(20) when the pharmacist knows or has
168reason to believe that the purported prescription is not based
169upon a valid practitioner-patient relationship that includes a
170documented patient evaluation, including history and a physical
171examination adequate to establish the diagnosis for which any
172drug is prescribed and any other requirement established by
173board rule under chapter 458, chapter 459, chapter 461, chapter
174463, chapter 464, or chapter 466.
175     Section 8.  Paragraph (c) of subsection (1) of section
176856.015, Florida Statutes, is amended to read:
177     856.015  Open house parties.--
178     (1)  Definitions.--As used in this section:
179     (c)  "Drug" means a controlled substance, as that term is
180defined in ss. 893.02(4) and 893.03.
181     Section 9.  Subsection (6) of section 893.135, Florida
182Statutes, is amended to read:
183     893.135  Trafficking; mandatory sentences; suspension or
184reduction of sentences; conspiracy to engage in trafficking.--
185     (6)  A mixture, as defined in s. 893.02(14), containing any
186controlled substance described in this section includes, but is
187not limited to, a solution or a dosage unit, including but not
188limited to, a pill or tablet, containing a controlled substance.
189For the purpose of clarifying legislative intent regarding the
190weighing of a mixture containing a controlled substance
191described in this section, the weight of the controlled
192substance is the total weight of the mixture, including the
193controlled substance and any other substance in the mixture. If
194there is more than one mixture containing the same controlled
195substance, the weight of the controlled substance is calculated
196by aggregating the total weight of each mixture.
197     Section 10.  Paragraph (a) of subsection (1) of section
198944.47, Florida Statutes, is amended to read:
199     944.47  Introduction, removal, or possession of certain
200articles unlawful; penalty.--
201     (1)(a)  Except through regular channels as authorized by
202the officer in charge of the correctional institution, it is
203unlawful to introduce into or upon the grounds of any state
204correctional institution, or to take or attempt to take or send
205or attempt to send therefrom, any of the following articles
206which are hereby declared to be contraband for the purposes of
207this section, to wit:
208     1.  Any written or recorded communication or any currency
209or coin given or transmitted, or intended to be given or
210transmitted, to any inmate of any state correctional
211institution.
212     2.  Any article of food or clothing given or transmitted,
213or intended to be given or transmitted, to any inmate of any
214state correctional institution.
215     3.  Any intoxicating beverage or beverage which causes or
216may cause an intoxicating effect.
217     4.  Any controlled substance as defined in s. 893.02(4) or
218any prescription or nonprescription drug having a hypnotic,
219stimulating, or depressing effect.
220     5.  Any firearm or weapon of any kind or any explosive
221substance.
222     Section 11.  Subsection (1) of section 951.22, Florida
223Statutes, is amended to read:
224     951.22  County detention facilities; contraband articles.--
225     (1)  It is unlawful, except through regular channels as
226duly authorized by the sheriff or officer in charge, to
227introduce into or possess upon the grounds of any county
228detention facility as defined in s. 951.23 or to give to or
229receive from any inmate of any such facility wherever said
230inmate is located at the time or to take or to attempt to take
231or send therefrom any of the following articles which are hereby
232declared to be contraband for the purposes of this act, to wit:
233Any written or recorded communication; any currency or coin; any
234article of food or clothing; any tobacco products as defined in
235s. 210.25(11); any cigarette as defined in s. 210.01(1); any
236cigar; any intoxicating beverage or beverage which causes or may
237cause an intoxicating effect; any narcotic, hypnotic, or
238excitative drug or drug of any kind or nature, including nasal
239inhalators, sleeping pills, barbiturates, and controlled
240substances as defined in s. 893.02(4); any firearm or any
241instrumentality customarily used or which is intended to be used
242as a dangerous weapon; and any instrumentality of any nature
243that may be or is intended to be used as an aid in effecting or
244attempting to effect an escape from a county facility.
245     Section 12.  Paragraph (a) of subsection (1) of section
246985.4046, Florida Statutes, is amended to read:
247     985.4046  Introduction, removal, or possession of certain
248articles unlawful; penalty.--
249     (1)(a)  Except as authorized through program policy or
250operating procedure or as authorized by the facility
251superintendent, program director, or manager, a person may not
252introduce into or upon the grounds of a juvenile detention
253facility or commitment program, or take or send, or attempt to
254take or send, from a juvenile detention facility or commitment
255program, any of the following articles, which are declared to be
256contraband under this section:
257     1.  Any unauthorized article of food or clothing.
258     2.  Any intoxicating beverage or any beverage that causes
259or may cause an intoxicating effect.
260     3.  Any controlled substance, as defined in s. 893.02(4),
261or any prescription or nonprescription drug that has a hypnotic,
262stimulating, or depressing effect.
263     4.  Any firearm or weapon of any kind or any explosive
264substance.
265     Section 13.  This act shall take effect July 1, 2006.


CODING: Words stricken are deletions; words underlined are additions.