| 1 | A bill to be entitled |
| 2 | An act relating to pain-management clinics; amending ss. |
| 3 | 458.327 and 459.013, F.S.; providing that persons who are |
| 4 | convicted of, enter a plea of guilty or nolo contendere |
| 5 | to, or have adjudication withheld for knowingly operating, |
| 6 | owning, or managing an unregistered pain-management clinic |
| 7 | are subject to the Florida Contraband Forfeiture Act; |
| 8 | amending s. 932.701, F.S.; redefining the term "contraband |
| 9 | article" as it relates to owning, operating, or managing |
| 10 | an unregistered pain-management clinic; amending s. |
| 11 | 932.7055, F.S.; requiring that proceeds from a forfeiture |
| 12 | involving an unregistered pain-management clinic be |
| 13 | deposited in the Crimes Compensation Trust Fund within the |
| 14 | Department of Revenue; providing an effective date. |
| 15 |
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| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
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| 18 | Section 1. Subsection (1) of section 458.327, Florida |
| 19 | Statutes, is amended to read: |
| 20 | 458.327 Penalty for violations.- |
| 21 | (1) Each of the following acts constitutes a felony of the |
| 22 | third degree, punishable as provided in s. 775.082, s. 775.083, |
| 23 | or s. 775.084: |
| 24 | (a) The practice of medicine or an attempt to practice |
| 25 | medicine without a license to practice in Florida. |
| 26 | (b) The use or attempted use of a license which is |
| 27 | suspended or revoked to practice medicine. |
| 28 | (c) Attempting to obtain or obtaining a license to |
| 29 | practice medicine by knowing misrepresentation. |
| 30 | (d) Attempting to obtain or obtaining a position as a |
| 31 | medical practitioner or medical resident in a clinic or hospital |
| 32 | through knowing misrepresentation of education, training, or |
| 33 | experience. |
| 34 | (e) Knowingly operating, owning, or managing an |
| 35 | unregistered a nonregistered pain-management clinic that is |
| 36 | required to be registered with the Department of Health pursuant |
| 37 | to s. 458.3265(1). A person who is convicted of, enters a plea |
| 38 | of guilty or nolo contendere to, or has adjudication withheld |
| 39 | for knowingly operating, owning, or managing an unregistered |
| 40 | pain-management clinic that is required to be registered with |
| 41 | the Department of Health is also subject to the Florida |
| 42 | Contraband Forfeiture Act as provided in ss. 932.701-932.706. |
| 43 | Section 2. Subsection (1) of section 459.013, Florida |
| 44 | Statutes, is amended to read: |
| 45 | 459.013 Penalty for violations.- |
| 46 | (1) Each of the following acts constitutes a felony of the |
| 47 | third degree, punishable as provided in s. 775.082, s. 775.083, |
| 48 | or s. 775.084: |
| 49 | (a) The practice of osteopathic medicine, or an attempt to |
| 50 | practice osteopathic medicine, without an active license or |
| 51 | certificate issued pursuant to this chapter. |
| 52 | (b) The practice of osteopathic medicine by a person |
| 53 | holding a limited license, osteopathic faculty certificate, or |
| 54 | other certificate issued under this chapter beyond the scope of |
| 55 | practice authorized for such licensee or certificateholder. |
| 56 | (c) Attempting to obtain or obtaining a license to |
| 57 | practice osteopathic medicine by knowing misrepresentation. |
| 58 | (d) Attempting to obtain or obtaining a position as an |
| 59 | osteopathic medical practitioner or osteopathic medical resident |
| 60 | in a clinic or hospital through knowing misrepresentation of |
| 61 | education, training, or experience. |
| 62 | (e) Knowingly operating, owning, or managing a |
| 63 | nonregistered pain-management clinic that is required to be |
| 64 | registered with the Department of Health pursuant to s. |
| 65 | 459.0137(1). A person who is convicted of, enters a plea of |
| 66 | guilty or nolo contendere to, or has adjudication withheld for |
| 67 | knowingly operating, owning, or managing an unregistered pain- |
| 68 | management clinic that is required to be registered with the |
| 69 | Department of Health is also subject to the Florida Contraband |
| 70 | Forfeiture Act as provided in ss. 932.701-932.706. |
| 71 | Section 3. Section 932.701, Florida Statutes, is amended |
| 72 | to read: |
| 73 | 932.701 Short title; definitions.- |
| 74 | (1) Sections 932.701-932.706 shall be known and may be |
| 75 | cited as the "Florida Contraband Forfeiture Act." |
| 76 | (2) As used in the Florida Contraband Forfeiture Act: |
| 77 | (a) "Contraband article" means: |
| 78 | 1. Any controlled substance as defined in chapter 893 or |
| 79 | any substance, device, paraphernalia, or currency or other means |
| 80 | of exchange that was used, was attempted to be used, or was |
| 81 | intended to be used in violation of any provision of chapter |
| 82 | 893, if the totality of the facts presented by the state is |
| 83 | clearly sufficient to meet the state's burden of establishing |
| 84 | probable cause to believe that a nexus exists between the |
| 85 | article seized and the narcotics activity, whether or not the |
| 86 | use of the contraband article can be traced to a specific |
| 87 | narcotics transaction. |
| 88 | 2. Any gambling paraphernalia, lottery tickets, money, |
| 89 | currency, or other means of exchange which was used, was |
| 90 | attempted, or intended to be used in violation of the gambling |
| 91 | laws of the state. |
| 92 | 3. Any equipment, liquid or solid, which was being used, |
| 93 | is being used, was attempted to be used, or intended to be used |
| 94 | in violation of the beverage or tobacco laws of the state. |
| 95 | 4. Any motor fuel upon which the motor fuel tax has not |
| 96 | been paid as required by law. |
| 97 | 5. Any personal property, including, but not limited to, |
| 98 | any vessel, aircraft, item, object, tool, substance, device, |
| 99 | weapon, machine, vehicle of any kind, money, securities, books, |
| 100 | records, research, negotiable instruments, or currency, which |
| 101 | was used or was attempted to be used as an instrumentality in |
| 102 | the commission of, or in aiding or abetting in the commission |
| 103 | of, any felony, whether or not comprising an element of the |
| 104 | felony, or which is acquired by proceeds obtained as a result of |
| 105 | a violation of the Florida Contraband Forfeiture Act. |
| 106 | 6. Any real property, including any right, title, |
| 107 | leasehold, or other interest in the whole of any lot or tract of |
| 108 | land, which was used, is being used, or was attempted to be used |
| 109 | as an instrumentality in the commission of, or in aiding or |
| 110 | abetting in the commission of, any felony, or which is acquired |
| 111 | by proceeds obtained as a result of a violation of the Florida |
| 112 | Contraband Forfeiture Act. |
| 113 | 7. Any personal property, including, but not limited to, |
| 114 | equipment, money, securities, books, records, research, |
| 115 | negotiable instruments, currency, or any vessel, aircraft, item, |
| 116 | object, tool, substance, device, weapon, machine, or vehicle of |
| 117 | any kind in the possession of or belonging to any person who |
| 118 | takes aquaculture products in violation of s. 812.014(2)(c). |
| 119 | 8. Any motor vehicle offered for sale in violation of s. |
| 120 | 320.28. |
| 121 | 9. Any motor vehicle used during the course of committing |
| 122 | an offense in violation of s. 322.34(9)(a). |
| 123 | 10. Any photograph, film, or other recorded image, |
| 124 | including an image recorded on videotape, a compact disc, |
| 125 | digital tape, or fixed disk, that is recorded in violation of s. |
| 126 | 810.145 and is possessed for the purpose of amusement, |
| 127 | entertainment, sexual arousal, gratification, or profit, or for |
| 128 | the purpose of degrading or abusing another person. |
| 129 | 11. Any real property, including any right, title, |
| 130 | leasehold, or other interest in the whole of any lot or tract of |
| 131 | land, which is acquired by proceeds obtained as a result of |
| 132 | Medicaid fraud under s. 409.920 or s. 409.9201; any personal |
| 133 | property, including, but not limited to, equipment, money, |
| 134 | securities, books, records, research, negotiable instruments, or |
| 135 | currency; or any vessel, aircraft, item, object, tool, |
| 136 | substance, device, weapon, machine, or vehicle of any kind in |
| 137 | the possession of or belonging to any person which is acquired |
| 138 | by proceeds obtained as a result of Medicaid fraud under s. |
| 139 | 409.920 or s. 409.9201. |
| 140 | 12. Any real property, including any right, title, |
| 141 | leasehold, or other interest in the whole of any lot or tract of |
| 142 | land, which is acquired by proceeds obtained as a result of |
| 143 | knowingly operating, owning, or managing an unregistered pain- |
| 144 | management clinic as prohibited in s. 458.327(1) or s. |
| 145 | 459.013(1); or any personal property, including, but not limited |
| 146 | to, equipment, money, securities, books, records, research, |
| 147 | negotiable instruments, or currency; or any vessel, aircraft, |
| 148 | item, object, tool, substance, device, weapon, machine, or |
| 149 | vehicle of any kind in the possession of or belonging to a |
| 150 | person which is acquired by proceeds obtained as a result of |
| 151 | knowingly operating, owning, or managing an unregistered pain- |
| 152 | management clinic as prohibited in s. 458.327(1) or s. |
| 153 | 459.013(1). |
| 154 | (b) "Bona fide lienholder" means the holder of a lien |
| 155 | perfected pursuant to applicable law. |
| 156 | (c) "Promptly proceed" means to file the complaint within |
| 157 | 45 days after seizure. |
| 158 | (d) "Complaint" is a petition for forfeiture filed in the |
| 159 | civil division of the circuit court by the seizing agency |
| 160 | requesting the court to issue a judgment of forfeiture. |
| 161 | (e) "Person entitled to notice" means any owner, entity, |
| 162 | bona fide lienholder, or person in possession of the property |
| 163 | subject to forfeiture when seized, who is known to the seizing |
| 164 | agency after a diligent search and inquiry. |
| 165 | (f) "Adversarial preliminary hearing" means a hearing in |
| 166 | which the seizing agency is required to establish probable cause |
| 167 | that the property subject to forfeiture was used in violation of |
| 168 | the Florida Contraband Forfeiture Act. |
| 169 | (g) "Forfeiture proceeding" means a hearing or trial in |
| 170 | which the court or jury determines whether the subject property |
| 171 | shall be forfeited. |
| 172 | (h) "Claimant" means any party who has proprietary |
| 173 | interest in property subject to forfeiture and has standing to |
| 174 | challenge such forfeiture, including owners, registered owners, |
| 175 | bona fide lienholders, and titleholders. |
| 176 | Section 4. Paragraph (a) of subsection (6) of section |
| 177 | 932.7055, Florida Statutes, is amended to read: |
| 178 | 932.7055 Disposition of liens and forfeited property.- |
| 179 | (6) If the seizing agency is a state agency, all remaining |
| 180 | proceeds shall be deposited into the General Revenue Fund. |
| 181 | However, if the seizing agency is: |
| 182 | (a) The Department of Law Enforcement, the proceeds |
| 183 | accrued pursuant to the provisions of the Florida Contraband |
| 184 | Forfeiture Act shall be deposited into the following trust |
| 185 | funds: |
| 186 | 1. The Forfeiture and Investigative Support Trust Fund as |
| 187 | provided in s. 943.362; or into |
| 188 | 2. The department's Federal Law Enforcement Trust Fund as |
| 189 | provided in s. 943.365, as applicable; or. |
| 190 | 3. The Crimes Compensation Trust Fund if the forfeiture |
| 191 | involves an unregistered pain-management clinic. |
| 192 | Section 5. This act shall take effect October 1, 2011. |