HB 7065

1
A bill to be entitled
2An act relating to clandestine laboratory contamination;
3amending s. 893.02, F.S.; providing definitions; creating
4s. 893.121, F.S.; providing for quarantine of any
5residential property where illegal clandestine laboratory
6activities occurred; providing for establishment of a
7uniform notice and a uniform letter of notification;
8providing for posting of specified notice at the site of a
9quarantine; providing requirements for the sending of a
10specified letter of notification to a residential property
11owner or manager; providing for petitions by certain
12persons in circuit court to lift such quarantines under
13certain conditions; prohibiting specified violations
14relating to such quarantines; creating s. 893.122, F.S.;
15permitting demolition of quarantined residential property
16under certain conditions; providing immunity from health-
17based civil actions for residential property owners who
18have met specified clandestine laboratory decontamination
19standards as evidenced by specified documentation;
20providing an exception to such immunity for persons
21convicted of manufacturing controlled substances at the
22site; creating s. 893.123, F.S.; providing for rulemaking
23to adopt clandestine laboratory decontamination standards;
24providing for certificates of fitness to indicate that
25decontamination has been completed; providing requirements
26for the lifting of a quarantine upon demolition of the
27property; creating s. 893.124, F.S.; requiring the
28Department of Health to specify requirements for persons
29authorized to perform decontamination and contamination
30assessments; requiring the department to compile and
31maintain lists of decontamination and contamination
32assessment specialists; providing responsibilities for
33decontamination specialists; permitting decontamination
34and contamination assessment specialists to request
35specified documents; providing for the issuance of
36certificates of fitness by contamination assessment
37specialists; amending ss. 465.016, 465.023, 856.015,
38893.135, 944.47, 951.22, and 985.4046, F.S.; conforming
39cross-references; providing an effective date.
40
41     WHEREAS, methamphetamine use and production is increasing
42throughout the state, and
43     WHEREAS, in places where methamphetamine production has
44occurred, significant levels of chemical contamination may be
45found, especially in residential properties when the
46contamination is not decontaminated, and
47     WHEREAS, children are susceptible to environmental
48toxicants via the skin, and the ingestion of residual
49methamphetamine is considered to be a result of hand-to-mouth
50activities, and
51     WHEREAS, studies on methamphetamine use during pregnancy
52showed an increased incidence of intrauterine growth
53retardation, prematurity, and perinatal complications, and
54     WHEREAS, once clandestine laboratories have been seized,
55the public may continue to be harmed by the illegal dumping of
56chemical byproducts and the chemical residues that remain on the
57residential property, and
58     WHEREAS, there are no statewide standards for determining
59when a site of a seized clandestine laboratory has been
60successfully decontaminated, and
61     WHEREAS, the Legislature finds that this act is necessary
62for the immediate preservation of the public health, safety, and
63welfare and fulfills an important state interest, NOW,
64THEREFORE,
65
66Be It Enacted by the Legislature of the State of Florida:
67
68     Section 1.  Section 893.02, Florida Statutes, is amended to
69read:
70     893.02  Definitions.--The following words and phrases as
71used in this chapter shall have the following meanings, unless
72the context otherwise requires:
73     (1)  "Administer" means the direct application of a
74controlled substance, whether by injection, inhalation,
75ingestion, or any other means, to the body of a person or
76animal.
77     (2)  "Analog" or "chemical analog" means a structural
78derivative of a parent compound that is a controlled substance.
79     (3)  "Cannabis" means all parts of any plant of the genus
80Cannabis, whether growing or not; the seeds thereof; the resin
81extracted from any part of the plant; and every compound,
82manufacture, salt, derivative, mixture, or preparation of the
83plant or its seeds or resin.
84     (4)  "Clandestine laboratory" means any location and
85proximate areas set aside or used that are likely to be
86contaminated as a result of manufacturing, processing, cooking,
87disposing, or storing, either temporarily or permanently, any
88substances in violation of this chapter, except as such
89activities are authorized in chapter 499.
90     (5)  "Contaminated" or "contamination" means containing
91levels of chemicals at or above the levels defined by the
92department pursuant to s. 893.123(1) as a result of clandestine
93laboratory activity.
94     (6)  "Contamination assessment specialist" or
95"contamination assessor" means a person responsible for
96assessing the extent of contamination and decontamination by
97determining the indoor air quality in a residential property
98based on the standards defined by the department. Upon the
99conclusion of decontamination, a residential property must
100successfully test less than or equal to the values defined by
101the department. The person must have specialized training that
102provides him or her with the knowledge, skills, and abilities to
103use quantitative measurement techniques in collecting and
104assessing specified contamination levels that have the ability
105to impair human health and well-being.
106     (7)(4)  "Controlled substance" means any substance named or
107described in Schedules I-V of s. 893.03. Laws controlling the
108manufacture, distribution, preparation, dispensing, or
109administration of such substances are drug abuse laws.
110     (8)  "Decontamination" means the process of reducing the
111levels of contaminants to the levels defined by the department
112pursuant to s. 893.123(1) that allow human reoccupancy using
113currently available methods and processes.
114     (9)  "Decontamination specialist" means a person
115responsible for the cleanup, treatment, repair, removal, and
116decontamination of contaminated materials located in a
117residential property where clandestine laboratory activities
118occurred. The person must have the knowledge, skills, and
119ability to prescribe methods to eliminate, control, or reduce
120contamination; and must have been trained in the removal,
121storage, transport, and disposal of hazardous chemicals or
122chemical residues commonly associated with clandestine
123laboratory activities.
124     (10)(5)  "Deliver" or "delivery" means the actual,
125constructive, or attempted transfer from one person to another
126of a controlled substance, whether or not there is an agency
127relationship.
128     (11)(9)  "Department" means the Department of Health.
129     (12)(6)  "Dispense" means the transfer of possession of one
130or more doses of a medicinal drug by a pharmacist or other
131licensed practitioner to the ultimate consumer thereof or to one
132who represents that it is his or her intention not to consume or
133use the same but to transfer the same to the ultimate consumer
134or user for consumption by the ultimate consumer or user.
135     (13)(7)  "Distribute" means to deliver, other than by
136administering or dispensing, a controlled substance.
137     (14)(8)  "Distributor" means a person who distributes.
138     (15)(10)  "Hospital" means an institution for the care and
139treatment of the sick and injured, licensed pursuant to the
140provisions of chapter 395 or owned or operated by the state or
141Federal Government.
142     (16)(11)  "Laboratory" means a laboratory approved by the
143Drug Enforcement Administration as proper to be entrusted with
144the custody of controlled substances for scientific, medical, or
145instructional purposes or to aid law enforcement officers and
146prosecuting attorneys in the enforcement of this chapter.
147     (17)(12)  "Listed chemical" means any precursor chemical or
148essential chemical named or described in s. 893.033.
149     (18)(13)(a)  "Manufacture" means the production,
150preparation, propagation, compounding, cultivating, growing,
151conversion, or processing of a controlled substance, either
152directly or indirectly, by extraction from substances of natural
153origin, or independently by means of chemical synthesis, or by a
154combination of extraction and chemical synthesis, and includes
155any packaging of the substance or labeling or relabeling of its
156container, except that this term does not include the
157preparation, compounding, packaging, or labeling of a controlled
158substance by:
159     1.  A practitioner or pharmacist as an incident to his or
160her administering or delivering of a controlled substance in the
161course of his or her professional practice.
162     2.  A practitioner, or by his or her authorized agent under
163the practitioner's supervision, for the purpose of, or as an
164incident to, research, teaching, or chemical analysis, and not
165for sale.
166     (b)  "Manufacturer" means and includes every person who
167prepares, derives, produces, compounds, or repackages any drug
168as defined by the Florida Drug and Cosmetic Act. However, this
169definition does not apply to manufacturers of patent or
170proprietary preparations as defined in the Florida Pharmacy Act.
171Pharmacies, and pharmacists employed thereby, are specifically
172excluded from this definition.
173     (19)(14)  "Mixture" means any physical combination of two
174or more substances.
175     (20)(15)  "Patient" means an individual to whom a
176controlled substance is lawfully dispensed or administered
177pursuant to the provisions of this chapter.
178     (21)(16)  "Pharmacist" means a person who is licensed
179pursuant to chapter 465 to practice the profession of pharmacy
180in this state.
181     (22)(17)  "Possession" includes temporary possession for
182the purpose of verification or testing, irrespective of dominion
183or control.
184     (23)(18)  "Potential for abuse" means that a substance has
185properties of a central nervous system stimulant or depressant
186or an hallucinogen that create a substantial likelihood of its
187being:
188     (a)  Used in amounts that create a hazard to the user's
189health or the safety of the community;
190     (b)  Diverted from legal channels and distributed through
191illegal channels; or
192     (c)  Taken on the user's own initiative rather than on the
193basis of professional medical advice.
194
195Proof of potential for abuse can be based upon a showing that
196these activities are already taking place, or upon a showing
197that the nature and properties of the substance make it
198reasonable to assume that there is a substantial likelihood that
199such activities will take place, in other than isolated or
200occasional instances.
201     (24)(19)  "Practitioner" means a physician licensed
202pursuant to chapter 458, a dentist licensed pursuant to chapter
203466, a veterinarian licensed pursuant to chapter 474, an
204osteopathic physician licensed pursuant to chapter 459, a
205naturopath licensed pursuant to chapter 462, or a podiatric
206physician licensed pursuant to chapter 461, provided such
207practitioner holds a valid federal controlled substance registry
208number.
209     (25)(20)  "Prescription" means and includes an order for
210drugs or medicinal supplies written, signed, or transmitted by
211word of mouth, telephone, telegram, or other means of
212communication by a duly licensed practitioner licensed by the
213laws of the state to prescribe such drugs or medicinal supplies,
214issued in good faith and in the course of professional practice,
215intended to be filled, compounded, or dispensed by another
216person licensed by the laws of the state to do so, and meeting
217the requirements of s. 893.04. The term also includes an order
218for drugs or medicinal supplies so transmitted or written by a
219physician, dentist, veterinarian, or other practitioner licensed
220to practice in a state other than Florida, but only if the
221pharmacist called upon to fill such an order determines, in the
222exercise of his or her professional judgment, that the order was
223issued pursuant to a valid patient-physician relationship, that
224it is authentic, and that the drugs or medicinal supplies so
225ordered are considered necessary for the continuation of
226treatment of a chronic or recurrent illness. However, if the
227physician writing the prescription is not known to the
228pharmacist, the pharmacist shall obtain proof to a reasonable
229certainty of the validity of said prescription. A prescription
230order for a controlled substance shall not be issued on the same
231prescription blank with another prescription order for a
232controlled substance which is named or described in a different
233schedule, nor shall any prescription order for a controlled
234substance be issued on the same prescription blank as a
235prescription order for a medicinal drug, as defined in s.
236465.031(5), which does not fall within the definition of a
237controlled substance as defined in this act.
238     (26)  "Residential property" means a dwelling unit used, or
239intended for use, by an individual or individuals as a permanent
240residence. The term includes improved real property of between
241one and four dwellings; a condominium unit, as defined in s.
242718.103(27); a cooperative unit, as defined in s. 719.103(24);
243or a mobile home or manufactured home, as defined in s.
244320.01(2). The term does not include a hotel, motel, campground,
245marina, or timeshare unit.
246     (27)(21)  "Wholesaler" means any person who acts as a
247jobber, wholesale merchant, or broker, or an agent thereof, who
248sells or distributes for resale any drug as defined by the
249Florida Drug and Cosmetic Act. However, this definition does not
250apply to persons who sell only patent or proprietary
251preparations as defined in the Florida Pharmacy Act. Pharmacies,
252and pharmacists employed thereby, are specifically excluded from
253this definition.
254     Section 2.  Section 893.121, Florida Statutes, is created
255to read:
256     893.121  Quarantine of a clandestine laboratory.--
257     (1)  The purpose of the quarantine provided for in this
258section is to prevent exposure of any person to the hazards
259associated with clandestine laboratory activities and provide
260protection from unsafe conditions that pose a threat to the
261public health, safety, and welfare. The department has the
262authority to quarantine residential property under s. 381.0011.
263     (2)  Whenever a sheriff, police officer, or other law
264enforcement entity secures evidence from a residential property
265in which illegal clandestine laboratory activities occurred, the
266department must quarantine the property. The local law
267enforcement entity securing evidence shall enforce a quarantine
268on the residential property as part of its duty to assist the
269department under s. 381.0012(5). Enforcement does not require
270the 24-hour posting of law enforcement personnel. The
271residential property shall remain quarantined until the
272department receives a certificate of fitness documenting that
273the property was decontaminated as defined by the department
274pursuant to s. 893.123 or demolished in accordance with s.
275893.122(1), or a court order is presented requiring the
276quarantine to be lifted.
277     (3)  The department shall adopt rules pursuant to ss.
278120.536(1) and 120.54 to establish a uniform notice to post at
279the site of a quarantined clandestine laboratory and a uniform
280letter of notification of the quarantine to be sent to the
281residential property owner or manager. It is the responsibility
282of local law enforcement to post the notice of a quarantine on
283the residential property, and it is the responsibility of the
284department to mail the letter of notification. The material in
285the letter and notice shall include, but not be limited to:
286     (a)  That the residential property has been quarantined and
287a clandestine laboratory was seized on or inside the residential
288property.
289     (b)  The date of the quarantine.
290     (c)  The name and contact telephone number of the law
291enforcement entity posting the quarantine.
292     (d)  A statement specifying that hazardous substances,
293toxic chemicals, or other hazardous waste products may have been
294present and may remain on or inside the residential property and
295that exposure to the substances may be harmful and may pose a
296threat to public health and the environment.
297     (e)  A statement that it is unlawful for an unauthorized
298person to enter the contaminated residential property and that
299the removal of any notice of the quarantine is a second degree
300misdemeanor under s. 381.0025(1).
301     (f)  A statement, in the notification letter, explaining
302how to have the quarantine lifted.
303     (4)  Upon securing evidence from a residential property in
304which illegal clandestine laboratory activities occurred, the
305local law enforcement entity shall immediately notify the local
306health officer and the department's Division of Environmental
307Health that a residential property is quarantined and shall
308provide the name and contact information of the law enforcement
309entity, the name of the residential property owner or
310residential property manager, and the address of the property.
311     (5)  To the extent possible, the department shall mail the
312letter of notification to the residential property owner or the
313manager of the residential property within 5 working days from
314the date of quarantine notifying the owner or manager that a
315clandestine laboratory was found on the property and that the
316property has been quarantined. The department shall also include
317a list of contamination assessment specialists and
318decontamination specialists and any other information deemed
319appropriate by the department to the residential property owner
320or manager.
321     (6)  Any person who has an interest in a residential
322property that is quarantined pursuant to this section may file a
323petition in the circuit court in which the residential property
324is located to request a court order that the quarantine of the
325residential property be lifted for one of the following reasons:
326     (a)  The residential property was wrongfully quarantined;
327or
328     (b)  The residential property has been properly
329decontaminated as defined by the department pursuant to s.
330893.123 or demolished pursuant to s. 893.122(1) and may be
331reoccupied for habitation, but the department refuses or fails
332to lift the quarantine.
333     (7)  No person shall inhabit a quarantined residential
334property, offer the residential property to the public for
335temporary or indefinite habitation, or remove any notice of the
336quarantine. Any person who willfully violates a provision of
337this subsection commits a second degree misdemeanor under s.
338381.0025(1).
339     Section 3.  Section 893.122, Florida Statutes, is created
340to read:
341     893.122  Option of demolition; immunity from liability from
342health-based civil actions.--
343     (1)  A residential property owner shall, upon notification
344from a law enforcement entity that clandestine laboratory
345activities have occurred in a property owned by that owner and
346that the property is quarantined, meet the decontamination
347standards as defined by the department pursuant to s. 893.123
348unless the property owner, at the owner's discretion, elects to
349demolish the contaminated residential property. The demolition
350and removal of materials must meet the requirements of the
351Occupational Safety and Health Administration and the United
352States Environmental Protection Agency regulations pertaining to
353the generation, storage, transport, and disposal of hazardous
354wastes and any state or local requirements.
355     (2)  A residential property owner who has met the
356decontamination standards, as evidenced by a certificate of
357fitness and a letter of reoccupancy pursuant to s.893.123, or
358has demolished the residential property in compliance with
359subsection (1), shall have immunity from health-based civil
360actions brought by any future owner, renter, or other person who
361occupies such residential property, or a neighbor of such
362residential property, in which the alleged cause of the injury
363or loss is the existence of the clandestine laboratory. However,
364a person with a conviction, as defined in s. 944.607, for the
365manufacture of any substance regulated under this chapter on the
366residential property where clandestine laboratory activities
367occurred shall not have the immunity provided in this
368subsection.
369     Section 4.  Section 893.123, Florida Statutes, is created
370to read:
371     893.123  Clandestine laboratory decontamination standards,
372certificate of fitness, and letter of reoccupancy.--
373     (1)  The department shall adopt rules pursuant to ss.
374120.536(1) and 120.54 that establish:
375     (a)  Standards for indoor air quality regarding levels of
376contaminants produced by clandestine laboratory activities to
377include methamphetamine, lead, mercury, and volatile organic
378compounds. These standards must be consistent with values
379commonly used by other states or comply with national standards.
380     (b)  Standards for the cleanup and testing of clandestine
381laboratories.
382     (c)  A certificate of fitness that shall act as appropriate
383documentation that a residential property has been
384decontaminated in accordance with specified standards. The
385certificate of fitness shall be submitted to the department by a
386contamination assessment specialist. The certificate of fitness
387shall include, but is not limited to:
388     1.  The name of the residential property owner, the mailing
389and street address of the residential property owner, and, if
390applicable, the parcel identification of the residential
391property.
392     2.  The dates the residential property was quarantined and
393cleanup was completed.
394     3.  A summary of the indoor air quality test results,
395findings, and conclusions as determined by a contamination
396assessment specialist.
397     4.  The name and address of the contamination assessment
398specialist.
399     5.  The name and address of the decontamination specialist.
400     6.  The method of repair, replacement, or decontamination
401of the residential property.
402     (d)  A letter of reoccupancy that will notify the
403residential property owner that the property may be reoccupied
404for habitation.
405     (2)  Upon receipt of the certificate of fitness, the
406department shall send a letter of reoccupancy to the residential
407property owner or manager and to the local law enforcement
408entity that enforced the quarantine and posted the notice. The
409letter of reoccupancy must include the address of the
410residential property, a statement that the quarantine is lifted,
411and a statement that the residential property may be reoccupied
412for habitation.
413     (3)  In the case of demolition, the department shall lift
414the quarantine on a residential property upon receipt of a
415letter presented by a demolition company stating that the
416quarantined property was demolished. The letter must include the
417address of the residential property and a statement that the
418demolition was performed in accordance to the requirements in s.
419893.122(1).
420     Section 5.  Section 893.124, Florida Statutes, is created
421to read:
422     893.124  Decontamination and contamination assessment
423specialists.--
424     (1)(a)  The department shall compile and maintain lists of
425decontamination and contamination assessment specialists. The
426lists shall be posted on the department's Internet website. The
427department shall indicate on the website whether the specialists
428are bonded and insured.
429     (b)  Persons authorized to perform decontamination or
430contamination assessments must have knowledge and skill in the
431handling of toxic substances. The department shall adopt rules
432pursuant to ss. 120.536(1) and 120.54 specifying the
433requirements for persons authorized to perform decontamination
434and contamination assessments. Decontamination specialists shall
435be responsible for ensuring that all hazardous substances, toxic
436chemicals, or other hazardous waste products that may have been
437present are removed from the residential property and disposed
438of in accordance with federal, state, and local laws and
439regulations.
440     (2)  In determining the level of contamination in a
441clandestine laboratory, the decontamination or contamination
442assessment specialist may request copies of any available law
443enforcement reports or information relating to the following:
444     (a)  The length of time the residential property was used
445as a clandestine laboratory.
446     (b)  The extent to which the residential property was
447exposed to chemicals used in clandestine laboratory activities.
448     (c)  The chemical processes that were involved in the
449clandestine laboratory activities.
450     (d)  The chemicals that were removed from the residential
451property.
452     (e)  The location of the clandestine laboratory activities
453in relation to the habitable areas of the residential property.
454     (3)  If the contamination assessment specialist determines
455that the residential property is not contaminated, the
456contamination assessment specialist shall prepare a certificate
457of fitness and submit the certificate to the department.
458     Section 6.  Paragraph (s) of subsection (1) of section
459465.016, Florida Statutes, is amended to read:
460     465.016  Disciplinary actions.--
461     (1)  The following acts constitute grounds for denial of a
462license or disciplinary action, as specified in s. 456.072(2):
463     (s)  Dispensing any medicinal drug based upon a
464communication that purports to be a prescription as defined by
465s. 465.003(14) or s. 893.02(20) when the pharmacist knows or has
466reason to believe that the purported prescription is not based
467upon a valid practitioner-patient relationship.
468     Section 7.  Paragraph (e) of subsection (1) of section
469465.023, Florida Statutes, is amended to read:
470     465.023  Pharmacy permittee; disciplinary action.--
471     (1)  The department or the board may revoke or suspend the
472permit of any pharmacy permittee, and may fine, place on
473probation, or otherwise discipline any pharmacy permittee who
474has:
475     (e)  Dispensed any medicinal drug based upon a
476communication that purports to be a prescription as defined by
477s. 465.003(14) or s. 893.02(20) when the pharmacist knows or has
478reason to believe that the purported prescription is not based
479upon a valid practitioner-patient relationship that includes a
480documented patient evaluation, including history and a physical
481examination adequate to establish the diagnosis for which any
482drug is prescribed and any other requirement established by
483board rule under chapter 458, chapter 459, chapter 461, chapter
484463, chapter 464, or chapter 466.
485     Section 8.  Paragraph (c) of subsection (1) of section
486856.015, Florida Statutes, is amended to read:
487     856.015  Open house parties.--
488     (1)  Definitions.--As used in this section:
489     (c)  "Drug" means a controlled substance, as that term is
490defined in ss. 893.02(4) and 893.03.
491     Section 9.  Subsection (6) of section 893.135, Florida
492Statutes, is amended to read:
493     893.135  Trafficking; mandatory sentences; suspension or
494reduction of sentences; conspiracy to engage in trafficking.--
495     (6)  A mixture, as defined in s. 893.02(14), containing any
496controlled substance described in this section includes, but is
497not limited to, a solution or a dosage unit, including but not
498limited to, a pill or tablet, containing a controlled substance.
499For the purpose of clarifying legislative intent regarding the
500weighing of a mixture containing a controlled substance
501described in this section, the weight of the controlled
502substance is the total weight of the mixture, including the
503controlled substance and any other substance in the mixture. If
504there is more than one mixture containing the same controlled
505substance, the weight of the controlled substance is calculated
506by aggregating the total weight of each mixture.
507     Section 10.  Paragraph (a) of subsection (1) of section
508944.47, Florida Statutes, is amended to read:
509     944.47  Introduction, removal, or possession of certain
510articles unlawful; penalty.--
511     (1)(a)  Except through regular channels as authorized by
512the officer in charge of the correctional institution, it is
513unlawful to introduce into or upon the grounds of any state
514correctional institution, or to take or attempt to take or send
515or attempt to send therefrom, any of the following articles
516which are hereby declared to be contraband for the purposes of
517this section, to wit:
518     1.  Any written or recorded communication or any currency
519or coin given or transmitted, or intended to be given or
520transmitted, to any inmate of any state correctional
521institution.
522     2.  Any article of food or clothing given or transmitted,
523or intended to be given or transmitted, to any inmate of any
524state correctional institution.
525     3.  Any intoxicating beverage or beverage which causes or
526may cause an intoxicating effect.
527     4.  Any controlled substance as defined in s. 893.02(4) or
528any prescription or nonprescription drug having a hypnotic,
529stimulating, or depressing effect.
530     5.  Any firearm or weapon of any kind or any explosive
531substance.
532     Section 11.  Subsection (1) of section 951.22, Florida
533Statutes, is amended to read:
534     951.22  County detention facilities; contraband articles.--
535     (1)  It is unlawful, except through regular channels as
536duly authorized by the sheriff or officer in charge, to
537introduce into or possess upon the grounds of any county
538detention facility as defined in s. 951.23 or to give to or
539receive from any inmate of any such facility wherever said
540inmate is located at the time or to take or to attempt to take
541or send therefrom any of the following articles which are hereby
542declared to be contraband for the purposes of this act, to wit:
543Any written or recorded communication; any currency or coin; any
544article of food or clothing; any tobacco products as defined in
545s. 210.25(11); any cigarette as defined in s. 210.01(1); any
546cigar; any intoxicating beverage or beverage which causes or may
547cause an intoxicating effect; any narcotic, hypnotic, or
548excitative drug or drug of any kind or nature, including nasal
549inhalators, sleeping pills, barbiturates, and controlled
550substances as defined in s. 893.02(4); any firearm or any
551instrumentality customarily used or which is intended to be used
552as a dangerous weapon; and any instrumentality of any nature
553that may be or is intended to be used as an aid in effecting or
554attempting to effect an escape from a county facility.
555     Section 12.  Paragraph (a) of subsection (1) of section
556985.4046, Florida Statutes, is amended to read:
557     985.4046  Introduction, removal, or possession of certain
558articles unlawful; penalty.--
559     (1)(a)  Except as authorized through program policy or
560operating procedure or as authorized by the facility
561superintendent, program director, or manager, a person may not
562introduce into or upon the grounds of a juvenile detention
563facility or commitment program, or take or send, or attempt to
564take or send, from a juvenile detention facility or commitment
565program, any of the following articles, which are declared to be
566contraband under this section:
567     1.  Any unauthorized article of food or clothing.
568     2.  Any intoxicating beverage or any beverage that causes
569or may cause an intoxicating effect.
570     3.  Any controlled substance, as defined in s. 893.02(4),
571or any prescription or nonprescription drug that has a hypnotic,
572stimulating, or depressing effect.
573     4.  Any firearm or weapon of any kind or any explosive
574substance.
575     Section 13.  This act shall take effect July 1, 2006.


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