| 1 | The Criminal Justice Committee recommends the following: |
| 2 |
|
| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to clandestine laboratory contamination; |
| 7 | amending s. 893.02, F.S.; providing definitions; creating |
| 8 | s. 893.121, F.S.; providing for quarantine of any |
| 9 | residential property where illegal clandestine laboratory |
| 10 | activities occurred; providing for establishment of a |
| 11 | uniform notice and a uniform letter of notification; |
| 12 | providing for posting of specified notice at the site of a |
| 13 | quarantine; providing requirements for the sending of a |
| 14 | specified letter of notification to a residential property |
| 15 | owner or manager; providing for petitions by certain |
| 16 | persons in circuit court to lift such quarantines under |
| 17 | certain conditions; prohibiting specified violations |
| 18 | relating to such quarantines; creating s. 893.122, F.S.; |
| 19 | permitting demolition of quarantined residential property |
| 20 | under certain conditions; providing immunity from health- |
| 21 | based civil actions for residential property owners who |
| 22 | have met specified clandestine laboratory decontamination |
| 23 | standards as evidenced by specified documentation; |
| 24 | providing an exception to such immunity for persons |
| 25 | convicted of manufacturing controlled substances at the |
| 26 | site; creating s. 893.123, F.S.; providing for rulemaking |
| 27 | to adopt clandestine laboratory decontamination standards; |
| 28 | providing for certificates of fitness to indicate that |
| 29 | decontamination has been completed; providing requirements |
| 30 | for the lifting of a quarantine upon demolition of the |
| 31 | property; creating s. 893.124, F.S.; requiring the |
| 32 | Department of Health to specify requirements for persons |
| 33 | authorized to perform decontamination and contamination |
| 34 | assessments; requiring the department to compile and |
| 35 | maintain lists of decontamination and contamination |
| 36 | assessment specialists; providing responsibilities for |
| 37 | decontamination specialists; permitting decontamination |
| 38 | and contamination assessment specialists to request |
| 39 | specified documents; providing for the issuance of |
| 40 | certificates of fitness by contamination assessment |
| 41 | specialists; amending ss. 465.016, 465.023, 856.015, |
| 42 | 893.135, 944.47, 951.22, and 985.4046, F.S.; conforming |
| 43 | cross-references; providing an effective date. |
| 44 |
|
| 45 | WHEREAS, methamphetamine use and production is increasing |
| 46 | throughout the state, and |
| 47 | WHEREAS, in places where methamphetamine production has |
| 48 | occurred, significant levels of chemical contamination may be |
| 49 | found, especially in residential properties when the |
| 50 | contamination is not decontaminated, and |
| 51 | WHEREAS, children are susceptible to environmental |
| 52 | toxicants via the skin, and the ingestion of residual |
| 53 | methamphetamine is considered to be a result of hand-to-mouth |
| 54 | activities, and |
| 55 | WHEREAS, studies on methamphetamine use during pregnancy |
| 56 | showed an increased incidence of intrauterine growth |
| 57 | retardation, prematurity, and perinatal complications, and |
| 58 | WHEREAS, once clandestine laboratories have been seized, |
| 59 | the public may continue to be harmed by the illegal dumping of |
| 60 | chemical byproducts and the chemical residues that remain on the |
| 61 | residential property, and |
| 62 | WHEREAS, there are no statewide standards for determining |
| 63 | when a site of a seized clandestine laboratory has been |
| 64 | successfully decontaminated, and |
| 65 | WHEREAS, the Legislature finds that this act is necessary |
| 66 | for the immediate preservation of the public health, safety, and |
| 67 | welfare and fulfills an important state interest, NOW, |
| 68 | THEREFORE, |
| 69 |
|
| 70 | Be It Enacted by the Legislature of the State of Florida: |
| 71 |
|
| 72 | Section 1. Section 893.02, Florida Statutes, is amended to |
| 73 | read: |
| 74 | 893.02 Definitions.--The following words and phrases as |
| 75 | used in this chapter shall have the following meanings, unless |
| 76 | the context otherwise requires: |
| 77 | (1) "Administer" means the direct application of a |
| 78 | controlled substance, whether by injection, inhalation, |
| 79 | ingestion, or any other means, to the body of a person or |
| 80 | animal. |
| 81 | (2) "Analog" or "chemical analog" means a structural |
| 82 | derivative of a parent compound that is a controlled substance. |
| 83 | (3) "Cannabis" means all parts of any plant of the genus |
| 84 | Cannabis, whether growing or not; the seeds thereof; the resin |
| 85 | extracted from any part of the plant; and every compound, |
| 86 | manufacture, salt, derivative, mixture, or preparation of the |
| 87 | plant or its seeds or resin. |
| 88 | (4) "Clandestine laboratory" means any location and |
| 89 | proximate areas set aside or used that are likely to be |
| 90 | contaminated as a result of manufacturing, processing, cooking, |
| 91 | disposing, or storing, either temporarily or permanently, any |
| 92 | substances in violation of this chapter, except as such |
| 93 | activities are authorized in chapter 499. |
| 94 | (5) "Contaminated" or "contamination" means containing |
| 95 | levels of chemicals at or above the levels defined by the |
| 96 | department pursuant to s. 893.123(1) as a result of clandestine |
| 97 | laboratory activity. |
| 98 | (6) "Contamination assessment specialist" or |
| 99 | "contamination assessor" means a person responsible for |
| 100 | assessing the extent of contamination and decontamination by |
| 101 | determining the indoor air quality in a residential property |
| 102 | based on the standards defined by the department. Upon the |
| 103 | conclusion of decontamination, a residential property must |
| 104 | successfully test less than or equal to the values defined by |
| 105 | the department. The person must have specialized training that |
| 106 | provides him or her with the knowledge, skills, and abilities to |
| 107 | use quantitative measurement techniques in collecting and |
| 108 | assessing specified contamination levels that have the ability |
| 109 | to impair human health and well-being. |
| 110 | (7)(4) "Controlled substance" means any substance named or |
| 111 | described in Schedules I-V of s. 893.03. Laws controlling the |
| 112 | manufacture, distribution, preparation, dispensing, or |
| 113 | administration of such substances are drug abuse laws. |
| 114 | (8) "Decontamination" means the process of reducing the |
| 115 | levels of contaminants to the levels defined by the department |
| 116 | pursuant to s. 893.123(1) that allow human reoccupancy using |
| 117 | currently available methods and processes. |
| 118 | (9) "Decontamination specialist" means a person |
| 119 | responsible for the cleanup, treatment, repair, removal, and |
| 120 | decontamination of contaminated materials located in a |
| 121 | residential property where clandestine laboratory activities |
| 122 | occurred. The person must have the knowledge, skills, and |
| 123 | ability to prescribe methods to eliminate, control, or reduce |
| 124 | contamination; and must have been trained in the removal, |
| 125 | storage, transport, and disposal of hazardous chemicals or |
| 126 | chemical residues commonly associated with clandestine |
| 127 | laboratory activities. |
| 128 | (10)(5) "Deliver" or "delivery" means the actual, |
| 129 | constructive, or attempted transfer from one person to another |
| 130 | of a controlled substance, whether or not there is an agency |
| 131 | relationship. |
| 132 | (11)(9) "Department" means the Department of Health. |
| 133 | (12)(6) "Dispense" means the transfer of possession of one |
| 134 | or more doses of a medicinal drug by a pharmacist or other |
| 135 | licensed practitioner to the ultimate consumer thereof or to one |
| 136 | who represents that it is his or her intention not to consume or |
| 137 | use the same but to transfer the same to the ultimate consumer |
| 138 | or user for consumption by the ultimate consumer or user. |
| 139 | (13)(7) "Distribute" means to deliver, other than by |
| 140 | administering or dispensing, a controlled substance. |
| 141 | (14)(8) "Distributor" means a person who distributes. |
| 142 | (15)(10) "Hospital" means an institution for the care and |
| 143 | treatment of the sick and injured, licensed pursuant to the |
| 144 | provisions of chapter 395 or owned or operated by the state or |
| 145 | Federal Government. |
| 146 | (16)(11) "Laboratory" means a laboratory approved by the |
| 147 | Drug Enforcement Administration as proper to be entrusted with |
| 148 | the custody of controlled substances for scientific, medical, or |
| 149 | instructional purposes or to aid law enforcement officers and |
| 150 | prosecuting attorneys in the enforcement of this chapter. |
| 151 | (17)(12) "Listed chemical" means any precursor chemical or |
| 152 | essential chemical named or described in s. 893.033. |
| 153 | (18)(13)(a) "Manufacture" means the production, |
| 154 | preparation, propagation, compounding, cultivating, growing, |
| 155 | conversion, or processing of a controlled substance, either |
| 156 | directly or indirectly, by extraction from substances of natural |
| 157 | origin, or independently by means of chemical synthesis, or by a |
| 158 | combination of extraction and chemical synthesis, and includes |
| 159 | any packaging of the substance or labeling or relabeling of its |
| 160 | container, except that this term does not include the |
| 161 | preparation, compounding, packaging, or labeling of a controlled |
| 162 | substance by: |
| 163 | 1. A practitioner or pharmacist as an incident to his or |
| 164 | her administering or delivering of a controlled substance in the |
| 165 | course of his or her professional practice. |
| 166 | 2. A practitioner, or by his or her authorized agent under |
| 167 | the practitioner's supervision, for the purpose of, or as an |
| 168 | incident to, research, teaching, or chemical analysis, and not |
| 169 | for sale. |
| 170 | (b) "Manufacturer" means and includes every person who |
| 171 | prepares, derives, produces, compounds, or repackages any drug |
| 172 | as defined by the Florida Drug and Cosmetic Act. However, this |
| 173 | definition does not apply to manufacturers of patent or |
| 174 | proprietary preparations as defined in the Florida Pharmacy Act. |
| 175 | Pharmacies, and pharmacists employed thereby, are specifically |
| 176 | excluded from this definition. |
| 177 | (19)(14) "Mixture" means any physical combination of two |
| 178 | or more substances. |
| 179 | (20)(15) "Patient" means an individual to whom a |
| 180 | controlled substance is lawfully dispensed or administered |
| 181 | pursuant to the provisions of this chapter. |
| 182 | (21)(16) "Pharmacist" means a person who is licensed |
| 183 | pursuant to chapter 465 to practice the profession of pharmacy |
| 184 | in this state. |
| 185 | (22)(17) "Possession" includes temporary possession for |
| 186 | the purpose of verification or testing, irrespective of dominion |
| 187 | or control. |
| 188 | (23)(18) "Potential for abuse" means that a substance has |
| 189 | properties of a central nervous system stimulant or depressant |
| 190 | or an hallucinogen that create a substantial likelihood of its |
| 191 | being: |
| 192 | (a) Used in amounts that create a hazard to the user's |
| 193 | health or the safety of the community; |
| 194 | (b) Diverted from legal channels and distributed through |
| 195 | illegal channels; or |
| 196 | (c) Taken on the user's own initiative rather than on the |
| 197 | basis of professional medical advice. |
| 198 |
|
| 199 | Proof of potential for abuse can be based upon a showing that |
| 200 | these activities are already taking place, or upon a showing |
| 201 | that the nature and properties of the substance make it |
| 202 | reasonable to assume that there is a substantial likelihood that |
| 203 | such activities will take place, in other than isolated or |
| 204 | occasional instances. |
| 205 | (24)(19) "Practitioner" means a physician licensed |
| 206 | pursuant to chapter 458, a dentist licensed pursuant to chapter |
| 207 | 466, a veterinarian licensed pursuant to chapter 474, an |
| 208 | osteopathic physician licensed pursuant to chapter 459, a |
| 209 | naturopath licensed pursuant to chapter 462, or a podiatric |
| 210 | physician licensed pursuant to chapter 461, provided such |
| 211 | practitioner holds a valid federal controlled substance registry |
| 212 | number. |
| 213 | (25)(20) "Prescription" means and includes an order for |
| 214 | drugs or medicinal supplies written, signed, or transmitted by |
| 215 | word of mouth, telephone, telegram, or other means of |
| 216 | communication by a duly licensed practitioner licensed by the |
| 217 | laws of the state to prescribe such drugs or medicinal supplies, |
| 218 | issued in good faith and in the course of professional practice, |
| 219 | intended to be filled, compounded, or dispensed by another |
| 220 | person licensed by the laws of the state to do so, and meeting |
| 221 | the requirements of s. 893.04. The term also includes an order |
| 222 | for drugs or medicinal supplies so transmitted or written by a |
| 223 | physician, dentist, veterinarian, or other practitioner licensed |
| 224 | to practice in a state other than Florida, but only if the |
| 225 | pharmacist called upon to fill such an order determines, in the |
| 226 | exercise of his or her professional judgment, that the order was |
| 227 | issued pursuant to a valid patient-physician relationship, that |
| 228 | it is authentic, and that the drugs or medicinal supplies so |
| 229 | ordered are considered necessary for the continuation of |
| 230 | treatment of a chronic or recurrent illness. However, if the |
| 231 | physician writing the prescription is not known to the |
| 232 | pharmacist, the pharmacist shall obtain proof to a reasonable |
| 233 | certainty of the validity of said prescription. A prescription |
| 234 | order for a controlled substance shall not be issued on the same |
| 235 | prescription blank with another prescription order for a |
| 236 | controlled substance which is named or described in a different |
| 237 | schedule, nor shall any prescription order for a controlled |
| 238 | substance be issued on the same prescription blank as a |
| 239 | prescription order for a medicinal drug, as defined in s. |
| 240 | 465.031(5), which does not fall within the definition of a |
| 241 | controlled substance as defined in this act. |
| 242 | (26) "Residential property" means a dwelling unit used, or |
| 243 | intended for use, by an individual or individuals as a permanent |
| 244 | residence. The term includes improved real property of between |
| 245 | one and four dwellings; a condominium unit, as defined in s. |
| 246 | 718.103(27); a cooperative unit, as defined in s. 719.103(24); |
| 247 | or a mobile home or manufactured home, as defined in s. |
| 248 | 320.01(2). The term does not include a hotel, motel, campground, |
| 249 | marina, or timeshare unit. |
| 250 | (27)(21) "Wholesaler" means any person who acts as a |
| 251 | jobber, wholesale merchant, or broker, or an agent thereof, who |
| 252 | sells or distributes for resale any drug as defined by the |
| 253 | Florida Drug and Cosmetic Act. However, this definition does not |
| 254 | apply to persons who sell only patent or proprietary |
| 255 | preparations as defined in the Florida Pharmacy Act. Pharmacies, |
| 256 | and pharmacists employed thereby, are specifically excluded from |
| 257 | this definition. |
| 258 | Section 2. Section 893.121, Florida Statutes, is created |
| 259 | to read: |
| 260 | 893.121 Quarantine of a clandestine laboratory.-- |
| 261 | (1) The purpose of the quarantine provided for in this |
| 262 | section is to prevent exposure of any person to the hazards |
| 263 | associated with clandestine laboratory activities and provide |
| 264 | protection from unsafe conditions that pose a threat to the |
| 265 | public health, safety, and welfare. The department has the |
| 266 | authority to quarantine residential property under s. 381.0011. |
| 267 | (2) Whenever a sheriff, police officer, or other law |
| 268 | enforcement entity secures evidence from a residential property |
| 269 | in which illegal clandestine laboratory activities occurred, the |
| 270 | department must quarantine the property. The local law |
| 271 | enforcement entity securing evidence shall enforce a quarantine |
| 272 | on the residential property as part of its duty to assist the |
| 273 | department under s. 381.0012(5). Enforcement does not require |
| 274 | the 24-hour posting of law enforcement personnel. The |
| 275 | residential property shall remain quarantined until the |
| 276 | department receives a certificate of fitness documenting that |
| 277 | the property was decontaminated as defined by the department |
| 278 | pursuant to s. 893.123 or demolished in accordance with s. |
| 279 | 893.122(1), or a court order is presented requiring the |
| 280 | quarantine to be lifted. |
| 281 | (3) The department shall adopt rules pursuant to ss. |
| 282 | 120.536(1) and 120.54 to establish a uniform notice to post at |
| 283 | the site of a quarantined clandestine laboratory and a uniform |
| 284 | letter of notification of the quarantine to be sent to the |
| 285 | residential property owner or manager. It is the responsibility |
| 286 | of local law enforcement to post the notice of a quarantine on |
| 287 | the residential property, and it is the responsibility of the |
| 288 | department to mail the letter of notification. The material in |
| 289 | the letter and notice shall include, but not be limited to: |
| 290 | (a) That the residential property has been quarantined and |
| 291 | a clandestine laboratory was seized on or inside the residential |
| 292 | property. |
| 293 | (b) The date of the quarantine. |
| 294 | (c) The name and contact telephone number of the law |
| 295 | enforcement entity posting the quarantine. |
| 296 | (d) A statement specifying that hazardous substances, |
| 297 | toxic chemicals, or other hazardous waste products may have been |
| 298 | present and may remain on or inside the residential property and |
| 299 | that exposure to the substances may be harmful and may pose a |
| 300 | threat to public health and the environment. |
| 301 | (e) A statement that it is unlawful for an unauthorized |
| 302 | person to enter the contaminated residential property and that |
| 303 | the removal of any notice of the quarantine is a second degree |
| 304 | misdemeanor under s. 381.0025(1). |
| 305 | (f) A statement, in the notification letter, explaining |
| 306 | how to have the quarantine lifted. |
| 307 | (4) Upon securing evidence from a residential property in |
| 308 | which illegal clandestine laboratory activities occurred, the |
| 309 | local law enforcement entity shall immediately notify the local |
| 310 | health officer and the department's Division of Environmental |
| 311 | Health that a residential property is quarantined and shall |
| 312 | provide the name and contact information of the law enforcement |
| 313 | entity, the name of the residential property owner or |
| 314 | residential property manager, and the address of the property. |
| 315 | (5) To the extent possible, the department shall mail the |
| 316 | letter of notification to the residential property owner or the |
| 317 | manager of the residential property within 5 working days from |
| 318 | the date of quarantine notifying the owner or manager that a |
| 319 | clandestine laboratory was found on the property and that the |
| 320 | property has been quarantined. The department shall also include |
| 321 | a list of contamination assessment specialists and |
| 322 | decontamination specialists and any other information deemed |
| 323 | appropriate by the department to the residential property owner |
| 324 | or manager. |
| 325 | (6) Any person who has an interest in a residential |
| 326 | property that is quarantined pursuant to this section may file a |
| 327 | petition in the circuit court in which the residential property |
| 328 | is located to request a court order that the quarantine of the |
| 329 | residential property be lifted for one of the following reasons: |
| 330 | (a) The residential property was wrongfully quarantined; |
| 331 | or |
| 332 | (b) The residential property has been properly |
| 333 | decontaminated as defined by the department pursuant to s. |
| 334 | 893.123 or demolished pursuant to s. 893.122(1) and may be |
| 335 | reoccupied for habitation, but the department refuses or fails |
| 336 | to lift the quarantine. |
| 337 | (7) No person shall inhabit a quarantined residential |
| 338 | property, offer the residential property to the public for |
| 339 | temporary or indefinite habitation, or remove any notice of the |
| 340 | quarantine. Any person who willfully violates a provision of |
| 341 | this subsection commits a second degree misdemeanor under s. |
| 342 | 381.0025(1). |
| 343 | Section 3. Section 893.122, Florida Statutes, is created |
| 344 | to read: |
| 345 | 893.122 Option of demolition; immunity from liability from |
| 346 | health-based civil actions.-- |
| 347 | (1) A residential property owner shall, upon notification |
| 348 | from the department that clandestine laboratory activities have |
| 349 | occurred in a property owned by that owner and that the property |
| 350 | is quarantined, meet the decontamination standards as defined by |
| 351 | the department pursuant to s. 893.123 unless the property owner, |
| 352 | at the owner's discretion, elects to demolish the contaminated |
| 353 | residential property. The demolition and removal of materials |
| 354 | must meet the requirements of the Occupational Safety and Health |
| 355 | Administration and the United States Environmental Protection |
| 356 | Agency regulations pertaining to the generation, storage, |
| 357 | transport, and disposal of hazardous wastes and any state or |
| 358 | local requirements. |
| 359 | (2) A residential property owner who has met the |
| 360 | decontamination standards, as evidenced by a certificate of |
| 361 | fitness and a letter of reoccupancy pursuant to s.893.123, or |
| 362 | has demolished the residential property in compliance with |
| 363 | subsection (1), shall have immunity from health-based civil |
| 364 | actions brought by any future owner, renter, or other person who |
| 365 | occupies such residential property, or a neighbor of such |
| 366 | residential property, in which the alleged cause of the injury |
| 367 | or loss is the existence of the clandestine laboratory. However, |
| 368 | a person with a conviction, as defined in s. 944.607, for the |
| 369 | manufacture of any substance regulated under this chapter on the |
| 370 | residential property where clandestine laboratory activities |
| 371 | occurred shall not have the immunity provided in this |
| 372 | subsection. |
| 373 | Section 4. Section 893.123, Florida Statutes, is created |
| 374 | to read: |
| 375 | 893.123 Clandestine laboratory decontamination standards, |
| 376 | certificate of fitness, and letter of reoccupancy.-- |
| 377 | (1) The department shall adopt rules pursuant to ss. |
| 378 | 120.536(1) and 120.54 that establish: |
| 379 | (a) Standards for indoor air quality regarding levels of |
| 380 | contaminants produced by clandestine laboratory activities to |
| 381 | include methamphetamine, lead, mercury, and volatile organic |
| 382 | compounds. These standards must be consistent with values |
| 383 | commonly used by other states or comply with national standards. |
| 384 | (b) Standards for the cleanup and testing of clandestine |
| 385 | laboratories. |
| 386 | (c) A certificate of fitness that shall act as appropriate |
| 387 | documentation that a residential property has been |
| 388 | decontaminated in accordance with specified standards. The |
| 389 | certificate of fitness shall be submitted to the department by a |
| 390 | contamination assessment specialist. The certificate of fitness |
| 391 | shall include, but is not limited to: |
| 392 | 1. The name of the residential property owner, the mailing |
| 393 | and street address of the residential property owner, and, if |
| 394 | applicable, the parcel identification of the residential |
| 395 | property. |
| 396 | 2. The dates the residential property was quarantined and |
| 397 | cleanup was completed. |
| 398 | 3. A summary of the indoor air quality test results, |
| 399 | findings, and conclusions as determined by a contamination |
| 400 | assessment specialist. |
| 401 | 4. The name and address of the contamination assessment |
| 402 | specialist. |
| 403 | 5. The name and address of the decontamination specialist. |
| 404 | 6. The method of repair, replacement, or decontamination |
| 405 | of the residential property. |
| 406 | (d) A letter of reoccupancy that will notify the |
| 407 | residential property owner that the property may be reoccupied |
| 408 | for habitation. |
| 409 | (2) Upon receipt of the certificate of fitness, the |
| 410 | department shall send a letter of reoccupancy to the residential |
| 411 | property owner or manager and to the local law enforcement |
| 412 | entity that enforced the quarantine and posted the notice. The |
| 413 | letter of reoccupancy must include the address of the |
| 414 | residential property, a statement that the quarantine is lifted, |
| 415 | and a statement that the residential property may be reoccupied |
| 416 | for habitation. |
| 417 | (3) In the case of demolition, the department shall lift |
| 418 | the quarantine on a residential property upon receipt of a |
| 419 | letter presented by a demolition company stating that the |
| 420 | quarantined property was demolished. The letter must include the |
| 421 | address of the residential property and a statement that the |
| 422 | demolition was performed in accordance to the requirements in s. |
| 423 | 893.122(1). |
| 424 | Section 5. Section 893.124, Florida Statutes, is created |
| 425 | to read: |
| 426 | 893.124 Decontamination and contamination assessment |
| 427 | specialists.-- |
| 428 | (1)(a) The department shall compile and maintain lists of |
| 429 | decontamination and contamination assessment specialists. The |
| 430 | lists shall be posted on the department's Internet website. The |
| 431 | department shall indicate on the website whether the specialists |
| 432 | are bonded and insured. |
| 433 | (b) Persons authorized to perform decontamination or |
| 434 | contamination assessments must have knowledge and skill in the |
| 435 | handling of toxic substances. The department shall adopt rules |
| 436 | pursuant to ss. 120.536(1) and 120.54 specifying the |
| 437 | requirements for persons authorized to perform decontamination |
| 438 | and contamination assessments. Decontamination specialists shall |
| 439 | be responsible for ensuring that all hazardous substances, toxic |
| 440 | chemicals, or other hazardous waste products that may have been |
| 441 | present are removed from the residential property and disposed |
| 442 | of in accordance with federal, state, and local laws and |
| 443 | regulations. |
| 444 | (2) In determining the level of contamination in a |
| 445 | clandestine laboratory, the decontamination or contamination |
| 446 | assessment specialist may request copies of any available law |
| 447 | enforcement reports or information relating to the following: |
| 448 | (a) The length of time the residential property was used |
| 449 | as a clandestine laboratory. |
| 450 | (b) The extent to which the residential property was |
| 451 | exposed to chemicals used in clandestine laboratory activities. |
| 452 | (c) The chemical processes that were involved in the |
| 453 | clandestine laboratory activities. |
| 454 | (d) The chemicals that were removed from the residential |
| 455 | property. |
| 456 | (e) The location of the clandestine laboratory activities |
| 457 | in relation to the habitable areas of the residential property. |
| 458 | (3) If the contamination assessment specialist determines |
| 459 | that the residential property is not contaminated, the |
| 460 | contamination assessment specialist shall prepare a certificate |
| 461 | of fitness and submit the certificate to the department. |
| 462 | Section 6. Paragraph (s) of subsection (1) of section |
| 463 | 465.016, Florida Statutes, is amended to read: |
| 464 | 465.016 Disciplinary actions.-- |
| 465 | (1) The following acts constitute grounds for denial of a |
| 466 | license or disciplinary action, as specified in s. 456.072(2): |
| 467 | (s) Dispensing any medicinal drug based upon a |
| 468 | communication that purports to be a prescription as defined by |
| 469 | s. 465.003(14) or s. 893.02(20) when the pharmacist knows or has |
| 470 | reason to believe that the purported prescription is not based |
| 471 | upon a valid practitioner-patient relationship. |
| 472 | Section 7. Paragraph (e) of subsection (1) of section |
| 473 | 465.023, Florida Statutes, is amended to read: |
| 474 | 465.023 Pharmacy permittee; disciplinary action.-- |
| 475 | (1) The department or the board may revoke or suspend the |
| 476 | permit of any pharmacy permittee, and may fine, place on |
| 477 | probation, or otherwise discipline any pharmacy permittee who |
| 478 | has: |
| 479 | (e) Dispensed any medicinal drug based upon a |
| 480 | communication that purports to be a prescription as defined by |
| 481 | s. 465.003(14) or s. 893.02(20) when the pharmacist knows or has |
| 482 | reason to believe that the purported prescription is not based |
| 483 | upon a valid practitioner-patient relationship that includes a |
| 484 | documented patient evaluation, including history and a physical |
| 485 | examination adequate to establish the diagnosis for which any |
| 486 | drug is prescribed and any other requirement established by |
| 487 | board rule under chapter 458, chapter 459, chapter 461, chapter |
| 488 | 463, chapter 464, or chapter 466. |
| 489 | Section 8. Paragraph (c) of subsection (1) of section |
| 490 | 856.015, Florida Statutes, is amended to read: |
| 491 | 856.015 Open house parties.-- |
| 492 | (1) Definitions.--As used in this section: |
| 493 | (c) "Drug" means a controlled substance, as that term is |
| 494 | defined in ss. 893.02(4) and 893.03. |
| 495 | Section 9. Subsection (6) of section 893.135, Florida |
| 496 | Statutes, is amended to read: |
| 497 | 893.135 Trafficking; mandatory sentences; suspension or |
| 498 | reduction of sentences; conspiracy to engage in trafficking.-- |
| 499 | (6) A mixture, as defined in s. 893.02(14), containing any |
| 500 | controlled substance described in this section includes, but is |
| 501 | not limited to, a solution or a dosage unit, including but not |
| 502 | limited to, a pill or tablet, containing a controlled substance. |
| 503 | For the purpose of clarifying legislative intent regarding the |
| 504 | weighing of a mixture containing a controlled substance |
| 505 | described in this section, the weight of the controlled |
| 506 | substance is the total weight of the mixture, including the |
| 507 | controlled substance and any other substance in the mixture. If |
| 508 | there is more than one mixture containing the same controlled |
| 509 | substance, the weight of the controlled substance is calculated |
| 510 | by aggregating the total weight of each mixture. |
| 511 | Section 10. Paragraph (a) of subsection (1) of section |
| 512 | 944.47, Florida Statutes, is amended to read: |
| 513 | 944.47 Introduction, removal, or possession of certain |
| 514 | articles unlawful; penalty.-- |
| 515 | (1)(a) Except through regular channels as authorized by |
| 516 | the officer in charge of the correctional institution, it is |
| 517 | unlawful to introduce into or upon the grounds of any state |
| 518 | correctional institution, or to take or attempt to take or send |
| 519 | or attempt to send therefrom, any of the following articles |
| 520 | which are hereby declared to be contraband for the purposes of |
| 521 | this section, to wit: |
| 522 | 1. Any written or recorded communication or any currency |
| 523 | or coin given or transmitted, or intended to be given or |
| 524 | transmitted, to any inmate of any state correctional |
| 525 | institution. |
| 526 | 2. Any article of food or clothing given or transmitted, |
| 527 | or intended to be given or transmitted, to any inmate of any |
| 528 | state correctional institution. |
| 529 | 3. Any intoxicating beverage or beverage which causes or |
| 530 | may cause an intoxicating effect. |
| 531 | 4. Any controlled substance as defined in s. 893.02(4) or |
| 532 | any prescription or nonprescription drug having a hypnotic, |
| 533 | stimulating, or depressing effect. |
| 534 | 5. Any firearm or weapon of any kind or any explosive |
| 535 | substance. |
| 536 | Section 11. Subsection (1) of section 951.22, Florida |
| 537 | Statutes, is amended to read: |
| 538 | 951.22 County detention facilities; contraband articles.-- |
| 539 | (1) It is unlawful, except through regular channels as |
| 540 | duly authorized by the sheriff or officer in charge, to |
| 541 | introduce into or possess upon the grounds of any county |
| 542 | detention facility as defined in s. 951.23 or to give to or |
| 543 | receive from any inmate of any such facility wherever said |
| 544 | inmate is located at the time or to take or to attempt to take |
| 545 | or send therefrom any of the following articles which are hereby |
| 546 | declared to be contraband for the purposes of this act, to wit: |
| 547 | Any written or recorded communication; any currency or coin; any |
| 548 | article of food or clothing; any tobacco products as defined in |
| 549 | s. 210.25(11); any cigarette as defined in s. 210.01(1); any |
| 550 | cigar; any intoxicating beverage or beverage which causes or may |
| 551 | cause an intoxicating effect; any narcotic, hypnotic, or |
| 552 | excitative drug or drug of any kind or nature, including nasal |
| 553 | inhalators, sleeping pills, barbiturates, and controlled |
| 554 | substances as defined in s. 893.02(4); any firearm or any |
| 555 | instrumentality customarily used or which is intended to be used |
| 556 | as a dangerous weapon; and any instrumentality of any nature |
| 557 | that may be or is intended to be used as an aid in effecting or |
| 558 | attempting to effect an escape from a county facility. |
| 559 | Section 12. Paragraph (a) of subsection (1) of section |
| 560 | 985.4046, Florida Statutes, is amended to read: |
| 561 | 985.4046 Introduction, removal, or possession of certain |
| 562 | articles unlawful; penalty.-- |
| 563 | (1)(a) Except as authorized through program policy or |
| 564 | operating procedure or as authorized by the facility |
| 565 | superintendent, program director, or manager, a person may not |
| 566 | introduce into or upon the grounds of a juvenile detention |
| 567 | facility or commitment program, or take or send, or attempt to |
| 568 | take or send, from a juvenile detention facility or commitment |
| 569 | program, any of the following articles, which are declared to be |
| 570 | contraband under this section: |
| 571 | 1. Any unauthorized article of food or clothing. |
| 572 | 2. Any intoxicating beverage or any beverage that causes |
| 573 | or may cause an intoxicating effect. |
| 574 | 3. Any controlled substance, as defined in s. 893.02(4), |
| 575 | or any prescription or nonprescription drug that has a hypnotic, |
| 576 | stimulating, or depressing effect. |
| 577 | 4. Any firearm or weapon of any kind or any explosive |
| 578 | substance. |
| 579 | Section 13. This act shall take effect July 1, 2006. |