HB 7095

1	A bill to be entitled
2	An act relating to controlled substances; amending ss.
3	456.037 and 456.057, F.S.; conforming provisions to
4	changes made by the act; repealing s. 458.3265, F.S.,
5	relating to regulation of pain-management clinics and
6	medical doctors; amending s. 458.327, F.S.; providing that
7	dispensing certain controlled substances in violation of
8	specified provisions is a third-degree felony; deleting
9	references to felonies for certain activities related to
10	pain-management clinics and medical doctors; amending s.
11	458.331, F.S.; deleting grounds for disciplinary actions
12	against physicians relating to pain-management clinics and
13	advertising controlled substances; repealing s. 459.0137,
14	F.S., relating to pain-management clinics and osteopathic
15	physicians; amending s. 459.013, F.S., relating to
16	penalties for violations; providing that dispensing
17	certain controlled substances in violation of specified
18	provisions is a third-degree felony; deleting provisions
19	relating to felonies for certain activities related to
20	pain-management clinics and osteopathic physicians;
21	amending s. 459.015, F.S.; deleting grounds for
22	disciplinary actions against osteopathic physicians
23	relating to pain-management clinics and advertising
24	controlled substances; amending s. 465.015, F.S.;
25	requiring a pharmacist, pharmacy intern, or other person
26	employed by or at a pharmacy to report to the sheriff
27	within a specified period any instance in which a person
28	fraudulently obtained or attempted to fraudulently obtain
29	a controlled substance; providing criminal penalties;
30	providing requirements for reports; amending s. 465.0276,
31	F.S.; prohibiting registered dispensing practitioners from
32	dispensing certain controlled substances; providing an
33	exception; repealing a 72-hour supply limit on dispensing
34	certain controlled substances to certain patients in
35	registered pain-management clinics; providing an exception
36	for dispensing controlled substances in the health care
37	system of the Department of Corrections; amending s.
38	499.005, F.S.; prohibiting distribution of certain
39	controlled substances by specified practitioners; amending
40	s. 499.0121, F.S.; providing reporting requirements for
41	wholesale distributors of certain controlled substances;
42	amending s. 499.05, F.S.; authorizing rulemaking
43	concerning specified controlled substance wholesale
44	distributor reporting requirements; amending s. 810.02,
45	F.S.; authorizing separate judgments and sentences for
46	burglary with the intent to commit theft of a controlled
47	substance under specified provisions and for any
48	applicable possession of controlled substance offense
49	under specified provisions in certain circumstances;
50	amending s. 812.014, F.S.; authorizing separate judgments
51	and sentences for theft of a controlled substance under
52	specified provisions and for any applicable possession of
53	controlled substance offense under specified provisions in
54	certain circumstances; amending s. 893.07, F.S.; providing
55	that law enforcement officers are not required to obtain a
56	subpoena, court order, or search warrant in order to
57	obtain access to or copies of specified controlled
58	substance inventory records; requiring reporting discovery
59	of the theft or loss of controlled substances to the
60	sheriff within a specified period; providing criminal
61	penalties; repealing s. 2 of chapter 2009-198, Laws of
62	Florida, relating to Program Implementation and Oversight
63	Task Force in the Executive Office of the Governor
64	concerning the electronic system established for the
65	prescription drug monitoring program; providing a buyback
66	program for undispensed controlled substance inventory
67	held by specified licensed physicians; requiring reports
68	of program; providing for a declaration of a public health
69	emergency; requiring certain actions relating to
70	dispensing practitioners identified as posing the greatest
71	threat to public health; providing an appropriation;
72	providing for future repeal of program provisions;
73	providing an effective date.
74
75	Be It Enacted by the Legislature of the State of Florida:
76
77	Section 1.  Subsection (5) of section 456.037, Florida
78	Statutes, is amended to read:
79	456.037  Business establishments; requirements for active
80	status licenses; delinquency; discipline; applicability.-
81	(5)  This section applies to any business establishment
82	registered, permitted, or licensed by the department to do
83	business. Business establishments include, but are not limited
84	to, dental laboratories, electrology facilities, massage
85	establishments, and pharmacies, and pain-management clinics
86	required to be registered under s. 458.3265 or s. 459.0137.
87	Section 2.  Subsection (9) of section 456.057, Florida
88	Statutes, is amended to read:
89	456.057  Ownership and control of patient records; report
90	or copies of records to be furnished.-
91	(9)(a)1.  The department may obtain patient records
92	pursuant to a subpoena without written authorization from the
93	patient if the department and the probable cause panel of the
94	appropriate board, if any, find reasonable cause to believe that
95	a health care practitioner has excessively or inappropriately
96	prescribed any controlled substance specified in chapter 893 in
97	violation of this chapter or any professional practice act or
98	that a health care practitioner has practiced his or her
99	profession below that level of care, skill, and treatment
100	required as defined by this chapter or any professional practice
101	act and also find that appropriate, reasonable attempts were
102	made to obtain a patient release. Notwithstanding the foregoing,
103	the department need not attempt to obtain a patient release when
104	investigating an offense involving the inappropriate
105	prescribing, overprescribing, or diversion of controlled
106	substances and the offense involves a pain-management clinic.
107	The department may obtain patient records without patient
108	authorization or subpoena from any pain-management clinic
109	required to be licensed if the department has probable cause to
110	believe that a violation of any provision of s. 458.3265 or s.
111	459.0137 is occurring or has occurred and reasonably believes
112	that obtaining such authorization is not feasible due to the
113	volume of the dispensing and prescribing activity involving
114	controlled substances and that obtaining patient authorization
115	or the issuance of a subpoena would jeopardize the
116	investigation.
117	2.  The department may obtain patient records and insurance
118	information pursuant to a subpoena without written authorization
119	from the patient if the department and the probable cause panel
120	of the appropriate board, if any, find reasonable cause to
121	believe that a health care practitioner has provided inadequate
122	medical care based on termination of insurance and also find
123	that appropriate, reasonable attempts were made to obtain a
124	patient release.
125	3.  The department may obtain patient records, billing
126	records, insurance information, provider contracts, and all
127	attachments thereto pursuant to a subpoena without written
128	authorization from the patient if the department and probable
129	cause panel of the appropriate board, if any, find reasonable
130	cause to believe that a health care practitioner has submitted a
131	claim, statement, or bill using a billing code that would result
132	in payment greater in amount than would be paid using a billing
133	code that accurately describes the services performed, requested
134	payment for services that were not performed by that health care
135	practitioner, used information derived from a written report of
136	an automobile accident generated pursuant to chapter 316 to
137	solicit or obtain patients personally or through an agent
138	regardless of whether the information is derived directly from
139	the report or a summary of that report or from another person,
140	solicited patients fraudulently, received a kickback as defined
141	in s. 456.054, violated the patient brokering provisions of s.
142	817.505, or presented or caused to be presented a false or
143	fraudulent insurance claim within the meaning of s.
144	817.234(1)(a), and also find that, within the meaning of s.
145	817.234(1)(a), patient authorization cannot be obtained because
146	the patient cannot be located or is deceased, incapacitated, or
147	suspected of being a participant in the fraud or scheme, and if
148	the subpoena is issued for specific and relevant records.
149	4.  Notwithstanding subparagraphs 1.-3., when the
150	department investigates a professional liability claim or
151	undertakes action pursuant to s. 456.049 or s. 627.912, the
152	department may obtain patient records pursuant to a subpoena
153	without written authorization from the patient if the patient
154	refuses to cooperate or if the department attempts to obtain a
155	patient release and the failure to obtain the patient records
156	would be detrimental to the investigation.
157	Section 3.  Section 458.3265, Florida Statutes, is
158	repealed.
159	Section 4.  Section 458.327, Florida Statutes, is amended
160	to read:
161	458.327  Penalty for violations.-
162	(1)  Each of the following acts constitutes a felony of the
163	third degree, punishable as provided in s. 775.082, s. 775.083,
164	or s. 775.084:
165	(a)  The practice of medicine or an attempt to practice
166	medicine without a license to practice in Florida.
167	(b)  The use or attempted use of a license which is
168	suspended or revoked to practice medicine.
169	(c)  Attempting to obtain or obtaining a license to
170	practice medicine by knowing misrepresentation.
171	(d)  Attempting to obtain or obtaining a position as a
172	medical practitioner or medical resident in a clinic or hospital
173	through knowing misrepresentation of education, training, or
174	experience.
175	(e)  Dispensing a controlled substance listed in Schedule
176	II, Schedule III, Schedule IV, or Schedule V in violation of s.
177	465.0276. Knowingly operating, owning, or managing a
178	nonregistered pain-management clinic that is required to be
179	registered with the Department of Health pursuant to s.
180	458.3265(1).
181	(2)  Each of the following acts constitutes a misdemeanor
182	of the first degree, punishable as provided in s. 775.082 or s.
183	775.083:
184	(a)  Knowingly concealing information relating to
185	violations of this chapter.
186	(b)  Making any willfully false oath or affirmation
187	whenever an oath or affirmation is required by this chapter.
188	(c)  Referring any patient, for health care goods or
189	services, to a partnership, firm, corporation, or other business
190	entity in which the physician or the physician's employer has an
191	equity interest of 10 percent or more unless, prior to such
192	referral, the physician notifies the patient of his or her
193	financial interest and of the patient's right to obtain such
194	goods or services at the location of the patient's choice. This
195	section does not apply to the following types of equity
196	interest:
197	1.  The ownership of registered securities issued by a
198	publicly held corporation or the ownership of securities issued
199	by a publicly held corporation, the shares of which are traded
200	on a national exchange or the over-the-counter market;
201	2.  A physician's own practice, whether he or she is a sole
202	practitioner or part of a group, when the health care good or
203	service is prescribed or provided solely for the physician's own
204	patients and is provided or performed by the physician or under
205	the physician's supervision; or
206	3.  An interest in real property resulting in a landlord-
207	tenant relationship between the physician and the entity in
208	which the equity interest is held, unless the rent is
209	determined, in whole or in part, by the business volume or
210	profitability of the tenant or is otherwise unrelated to fair
211	market value.
212	(d)  Leading the public to believe that one is licensed as
213	a medical doctor, or is engaged in the licensed practice of
214	medicine, without holding a valid, active license.
215	(e)  Practicing medicine or attempting to practice medicine
216	with an inactive or delinquent license.
217	(f)  Knowingly prescribing or dispensing, or causing to be
218	prescribed or dispensed, controlled substances in a
219	nonregistered pain-management clinic that is required to be
220	registered with the Department of Health pursuant to s.
221	458.3265(1).
222	Section 5.  Paragraphs (oo), (pp), and (qq) of subsection
223	(1) of section 458.331, Florida Statutes, are amended to read:
224	458.331  Grounds for disciplinary action; action by the
225	board and department.-
226	(1)  The following acts constitute grounds for denial of a
227	license or disciplinary action, as specified in s. 456.072(2):
228	(oo)  Dispensing a controlled substance listed in Schedule
229	II, Schedule III, Schedule IV, or Schedule V in violation of s.
230	465.0276. Applicable to a licensee who serves as the designated
231	physician of a pain-management clinic as defined in s. 458.3265
232	or s. 459.0137:
233	1.  Registering a pain-management clinic through
234	misrepresentation or fraud;
235	2.  Procuring, or attempting to procure, the registration
236	of a pain-management clinic for any other person by making or
237	causing to be made, any false representation;
238	3.  Failing to comply with any requirement of chapter 499,
239	the Florida Drug and Cosmetic Act; 21 U.S.C. ss. 301-392, the
240	Federal Food, Drug, and Cosmetic Act; 21 U.S.C. ss. 821 et seq.,
241	the Drug Abuse Prevention and Control Act; or chapter 893, the
242	Florida Comprehensive Drug Abuse Prevention and Control Act;
243	4.  Being convicted or found guilty of, regardless of
244	adjudication to, a felony or any other crime involving moral
245	turpitude, fraud, dishonesty, or deceit in any jurisdiction of
246	the courts of this state, of any other state, or of the United
247	States;
248	5.  Being convicted of, or disciplined by a regulatory
249	agency of the Federal Government or a regulatory agency of
250	another state for, any offense that would constitute a violation
251	of this chapter;
252	6.  Being convicted of, or entering a plea of guilty or
253	nolo contendere to, regardless of adjudication, a crime in any
254	jurisdiction of the courts of this state, of any other state, or
255	of the United States which relates to the practice of, or the
256	ability to practice, a licensed health care profession;
257	7.  Being convicted of, or entering a plea of guilty or
258	nolo contendere to, regardless of adjudication, a crime in any
259	jurisdiction of the courts of this state, of any other state, or
260	of the United States which relates to health care fraud;
261	8.  Dispensing any medicinal drug based upon a
262	communication that purports to be a prescription as defined in
263	s. 465.003(14) or s. 893.02 if the dispensing practitioner knows
264	or has reason to believe that the purported prescription is not
265	based upon a valid practitioner-patient relationship; or
266	9.  Failing to timely notify the board of the date of his
267	or her termination from a pain-management clinic as required by
268	s. 458.3265(2).
269	(pp)  Failing to timely notify the department of the theft
270	of prescription blanks from a pain-management clinic or a breach
271	of other methods for prescribing within 24 hours as required by
272	s. 458.3265(2).
273	(qq)  Promoting or advertising through any communication
274	media the use, sale, or dispensing of any controlled substance
275	appearing on any schedule in chapter 893.
276	Section 6.  Section 459.0137, Florida Statutes, is
277	repealed.
278	Section 7.  Paragraph (e) of subsection (1) and paragraph
279	(d) of subsection (2) of section 459.013, Florida Statutes, are
280	amended to read:
281	459.013  Penalty for violations.-
282	(1)  Each of the following acts constitutes a felony of the
283	third degree, punishable as provided in s. 775.082, s. 775.083,
284	or s. 775.084:
285	(e)  Dispensing a controlled substance listed in Schedule
286	II, Schedule III, Schedule IV, or Schedule V in violation of s.
287	465.0276. Knowingly operating, owning, or managing a
288	nonregistered pain-management clinic that is required to be
289	registered with the Department of Health pursuant to s.
290	459.0137(1).
291	(2)  Each of the following acts constitutes a misdemeanor
292	of the first degree, punishable as provided in s. 775.082 or s.
293	775.083:
294	(d)  Knowingly prescribing or dispensing, or causing to be
295	prescribed or dispensed, controlled substances in a
296	nonregistered pain-management clinic that is required to be
297	registered with the Department of Health pursuant to s.
298	459.0137(1).
299	Section 8.  Paragraphs (qq), (rr), and (ss) of subsection
300	(1) of section 459.015, Florida Statutes, are amended to read:
301	459.015  Grounds for disciplinary action; action by the
302	board and department.-
303	(1)  The following acts constitute grounds for denial of a
304	license or disciplinary action, as specified in s. 456.072(2):
305	(qq)  Dispensing a controlled substance listed in Schedule
306	II, Schedule III, Schedule IV, or Schedule V in violation of s.
307	465.0276. Applicable to a licensee who serves as the designated
308	physician of a pain-management clinic as defined in s. 458.3265
309	or s. 459.0137:
310	1.  Registering a pain-management clinic through
311	misrepresentation or fraud;
312	2.  Procuring, or attempting to procure, the registration
313	of a pain-management clinic for any other person by making or
314	causing to be made, any false representation;
315	3.  Failing to comply with any requirement of chapter 499,
316	the Florida Drug and Cosmetic Act; 21 U.S.C. ss. 301-392, the
317	Federal Food, Drug, and Cosmetic Act; 21 U.S.C. ss. 821 et seq.,
318	the Drug Abuse Prevention and Control Act; or chapter 893, the
319	Florida Comprehensive Drug Abuse Prevention and Control Act;
320	4.  Being convicted or found guilty of, regardless of
321	adjudication to, a felony or any other crime involving moral
322	turpitude, fraud, dishonesty, or deceit in any jurisdiction of
323	the courts of this state, of any other state, or of the United
324	States;
325	5.  Being convicted of, or disciplined by a regulatory
326	agency of the Federal Government or a regulatory agency of
327	another state for, any offense that would constitute a violation
328	of this chapter;
329	6.  Being convicted of, or entering a plea of guilty or
330	nolo contendere to, regardless of adjudication, a crime in any
331	jurisdiction of the courts of this state, of any other state, or
332	of the United States which relates to the practice of, or the
333	ability to practice, a licensed health care profession;
334	7.  Being convicted of, or entering a plea of guilty or
335	nolo contendere to, regardless of adjudication, a crime in any
336	jurisdiction of the courts of this state, of any other state, or
337	of the United States which relates to health care fraud;
338	8.  Dispensing any medicinal drug based upon a
339	communication that purports to be a prescription as defined in
340	s. 465.003(14) or s. 893.02 if the dispensing practitioner knows
341	or has reason to believe that the purported prescription is not
342	based upon a valid practitioner-patient relationship; or
343	9.  Failing to timely notify the board of the date of his
344	or her termination from a pain-management clinic as required by
345	s. 459.0137(2).
346	(rr)  Failing to timely notify the department of the theft
347	of prescription blanks from a pain-management clinic or a breach
348	of other methods for prescribing within 24 hours as required by
349	s. 459.0137(2).
350	(ss)  Promoting or advertising through any communication
351	media the use, sale, or dispensing of any controlled substance
352	appearing on any schedule in chapter 893.
353	Section 9.  Subsections (3) and (4) of section 465.015,
354	Florida Statutes, are renumbered as subsections (4) and (5),
355	respectively, a new subsection (3) is added to that section, and
356	present subsection (4) of that section is amended, to read:
357	465.015  Violations and penalties.-
358	(3)  It is unlawful for any pharmacist, pharmacy intern, or
359	other person employed by or at a pharmacy to fail to report to
360	the sheriff of the county where the pharmacy is located within
361	24 hours after learning of any instance in which a person
362	obtained or attempted to obtain a controlled substance, as
363	defined in s. 893.02, that the pharmacist, pharmacy intern, or
364	other person employed by or at the pharmacy knew or reasonably
365	should have known was obtained or attempted to be obtained from
366	the pharmacy though fraudulent methods or representations. Any
367	pharmacist, pharmacy intern, or other person employed by or at a
368	pharmacy who fails to make such a report within 24 hours after
369	learning of the fraud or attempted fraud commits a misdemeanor
370	of the first degree, punishable as provided in s. 775.082 or s.
371	775.083. A sufficient report of the fraudulent obtaining of
372	controlled substances under this subsection shall contain, at a
373	minimum, a copy of the prescription used or presented and a
374	narrative, including all information available to the pharmacy
375	concerning the transaction, such as the name and telephone
376	number of the prescribing physician; the name, description, and
377	any personal identification information pertaining to the person
378	who presented the prescription; and all other material
379	information, such as photographic or video surveillance of the
380	transaction.
381	(5)(4)  Any person who violates any provision of subsection
382	(1) or subsection (4) (3) commits a misdemeanor of the first
383	degree, punishable as provided in s. 775.082 or s. 775.083. Any
384	person who violates any provision of subsection (2) commits a
385	felony of the third degree, punishable as provided in s.
386	775.082, s. 775.083, or s. 775.084. In any warrant, information,
387	or indictment, it shall not be necessary to negative any
388	exceptions, and the burden of any exception shall be upon the
389	defendant.
390	Section 10.  Paragraph (b) of subsection (1) of section
391	465.0276, Florida Statutes, is amended to read:
392	465.0276  Dispensing practitioner.-
393	(1)
394	(b)  A practitioner registered under this section may not
395	dispense a controlled substance listed in Schedule II, Schedule
396	III, Schedule IV, or Schedule V as provided in s. 893.03. A
397	practitioner registered under this section may not dispense more
398	than a 72-hour supply of a controlled substance listed in
399	Schedule II, Schedule III, Schedule IV, or Schedule V of s.
400	893.03 for any patient who pays for the medication by cash,
401	check, or credit card in a clinic registered under s. 458.3265
402	or s. 459.0137. A practitioner who violates this paragraph
403	commits a felony of the third degree, punishable as provided in
404	s. 775.082, s. 775.083, or s. 775.084. This paragraph does not
405	apply to:
406	1.  A practitioner who dispenses medication to a workers'
407	compensation patient pursuant to chapter 440.
408	2.  A practitioner who dispenses medication to an insured
409	patient who pays by cash, check, or credit card to cover any
410	applicable copayment or deductible.
411	1.3.  The dispensing of complimentary packages of medicinal
412	drugs to the practitioner's own patients in the regular course
413	of her or his practice without the payment of a fee or
414	remuneration of any kind, whether direct or indirect, as
415	provided in subsection (5).
416	2.  The dispensing of controlled substances in the health
417	care system of the Department of Corrections.
418	Section 11.  Subsection (30) is added to section 499.005,
419	Florida Statutes, to read:
420	499.005  Prohibited acts.-It is unlawful for a person to
421	perform or cause the performance of any of the following acts in
422	this state:
423	(30)  The distribution of a controlled substance in
424	Schedule II, Schedule III, Schedule IV, or Schedule V as
425	provided in s. 893.03 to, or under the Drug Enforcement
426	Administration number of, any practitioner licensed under
427	chapter 458, chapter 459, chapter 461, or chapter 466, including
428	practitioners designated pursuant to s. 499.01(1)(t).
429	Section 12.  Subsection (14) is added to section 499.0121,
430	Florida Statutes, to read:
431	499.0121  Storage and handling of prescription drugs;
432	recordkeeping.-The department shall adopt rules to implement
433	this section as necessary to protect the public health, safety,
434	and welfare. Such rules shall include, but not be limited to,
435	requirements for the storage and handling of prescription drugs
436	and for the establishment and maintenance of prescription drug
437	distribution records.
438	(14)  DISTRIBUTION REPORTING.-Each wholesale distributor
439	shall submit a report of its distributions of controlled
440	substances listed in Schedule II, Schedule III, Schedule IV, or
441	Schedule V as provided in s. 893.03 to the department. The
442	report shall be submitted weekly, in an electronic format
443	specified by the department. The report shall contain the
444	following information:
445	(a)  The name and address of the entity to which the drugs
446	are distributed.
447	(b)  The Florida license, registration, or permit number
448	and Drug Enforcement Administration number of the entity that
449	ordered the drugs.
450	(c)  The name and address of the entity rendering payment
451	for the drugs, if different than that reported under paragraphs
452	(a) and (b).
453	(d)  The drug name, lot and batch number, and number of
454	unit doses distributed.
455	(e)  The date of sale.
456	Section 13.  Paragraph (o) is added to subsection (1) of
457	section 499.05, Florida Statutes, to read:
458	499.05  Rules.-
459	(1)  The department shall adopt rules to implement and
460	enforce this part with respect to:
461	(o)  Wholesale distributor reporting requirements of s.
462	499.0121(14).
463	Section 14.  Paragraph (f) is added to subsection (3) of
464	section 810.02, Florida Statutes, to read:
465	810.02  Burglary.-
466	(3)  Burglary is a felony of the second degree, punishable
467	as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the
468	course of committing the offense, the offender does not make an
469	assault or battery and is not and does not become armed with a
470	dangerous weapon or explosive, and the offender enters or
471	remains in a:
472	(f)  Structure or conveyance when the offense intended to
473	be committed therein is theft of a controlled substance as
474	defined in s. 893.02. Notwithstanding any other law, separate
475	judgments and sentences for burglary with the intent to commit
476	theft of a controlled substance under this paragraph and for any
477	applicable possession of controlled substance offense under s.
478	893.13 or trafficking in controlled substance offense under s.
479	893.135 may be imposed when all such offenses involve the same
480	amount or amounts of a controlled substance.
481
482	However, if the burglary is committed within a county that is
483	subject to a state of emergency declared by the Governor under
484	chapter 252 after the declaration of emergency is made and the
485	perpetration of the burglary is facilitated by conditions
486	arising from the emergency, the burglary is a felony of the
487	first degree, punishable as provided in s. 775.082, s. 775.083,
488	or s. 775.084. As used in this subsection, the term "conditions
489	arising from the emergency" means civil unrest, power outages,
490	curfews, voluntary or mandatory evacuations, or a reduction in
491	the presence of or response time for first responders or
492	homeland security personnel. A person arrested for committing a
493	burglary within a county that is subject to such a state of
494	emergency may not be released until the person appears before a
495	committing magistrate at a first appearance hearing. For
496	purposes of sentencing under chapter 921, a felony offense that
497	is reclassified under this subsection is ranked one level above
498	the ranking under s. 921.0022 or s. 921.0023 of the offense
499	committed.
500	Section 15.  Paragraph (c) of subsection (2) of section
501	812.014, Florida Statutes, is amended to read:
502	812.014  Theft.-
503	(2)
504	(c)  It is grand theft of the third degree and a felony of
505	the third degree, punishable as provided in s. 775.082, s.
506	775.083, or s. 775.084, if the property stolen is:
507	1.  Valued at $300 or more, but less than $5,000.
508	2.  Valued at $5,000 or more, but less than $10,000.
509	3.  Valued at $10,000 or more, but less than $20,000.
510	4.  A will, codicil, or other testamentary instrument.
511	5.  A firearm.
512	6.  A motor vehicle, except as provided in paragraph (a).
513	7.  Any commercially farmed animal, including any animal of
514	the equine, bovine, or swine class, or other grazing animal, and
515	including aquaculture species raised at a certified aquaculture
516	facility. If the property stolen is aquaculture species raised
517	at a certified aquaculture facility, then a $10,000 fine shall
518	be imposed.
519	8.  Any fire extinguisher.
520	9.  Any amount of citrus fruit consisting of 2,000 or more
521	individual pieces of fruit.
522	10.  Taken from a designated construction site identified
523	by the posting of a sign as provided for in s. 810.09(2)(d).
524	11.  Any stop sign.
525	12.  Anhydrous ammonia.
526	13.  Any amount of a controlled substance as defined in s.
527	893.02. Notwithstanding any other law, separate judgments and
528	sentences for theft of a controlled substance under this
529	subparagraph and for any applicable possession of controlled
530	substance offense under s. 893.13 or trafficking in controlled
531	substance offense under s. 893.135 may be imposed when all such
532	offenses involve the same amount or amounts of a controlled
533	substance.
534
535	However, if the property is stolen within a county that is
536	subject to a state of emergency declared by the Governor under
537	chapter 252, the property is stolen after the declaration of
538	emergency is made, and the perpetration of the theft is
539	facilitated by conditions arising from the emergency, the
540	offender commits a felony of the second degree, punishable as
541	provided in s. 775.082, s. 775.083, or s. 775.084, if the
542	property is valued at $5,000 or more, but less than $10,000, as
543	provided under subparagraph 2., or if the property is valued at
544	$10,000 or more, but less than $20,000, as provided under
545	subparagraph 3. As used in this paragraph, the term "conditions
546	arising from the emergency" means civil unrest, power outages,
547	curfews, voluntary or mandatory evacuations, or a reduction in
548	the presence of or the response time for first responders or
549	homeland security personnel. For purposes of sentencing under
550	chapter 921, a felony offense that is reclassified under this
551	paragraph is ranked one level above the ranking under s.
552	921.0022 or s. 921.0023 of the offense committed.
553	Section 16.  Subsections (4) and (5) of section 893.07,
554	Florida Statutes, are amended to read:
555	893.07  Records.-
556	(4)  Every inventory or record required by this chapter,
557	including prescription records, shall be maintained:
558	(a)  Separately from all other records of the registrant,
559	or
560	(b)  Alternatively, in the case of Schedule III, IV, or V
561	controlled substances, in such form that information required by
562	this chapter is readily retrievable from the ordinary business
563	records of the registrant.
564
565	In either case, the records described in this subsection shall
566	be kept and made available for a period of at least 2 years for
567	inspection and copying by law enforcement officers whose duty it
568	is to enforce the laws of this state relating to controlled
569	substances. Law enforcement officers are not required to obtain
570	a subpoena, court order, or search warrant in order to obtain
571	access to or copies of such records.
572	(5)  Each person described in subsection (1) shall:
573	(a)  Maintain a record which shall contain a detailed list
574	of controlled substances lost, destroyed, or stolen, if any; the
575	kind and quantity of such controlled substances; and the date of
576	the discovering of such loss, destruction, or theft.
577	(b)  In the event of the discovery of the theft or loss of
578	controlled substances, report such theft or loss to the sheriff
579	of that county within 48 hours after its discovery. A person who
580	fails to report a theft or loss of a substance listed in s.
581	893.03(3), (4), or (5) within 48 hours after discovery as
582	required in this paragraph commits a misdemeanor of the second
583	degree, punishable as provided in s. 775.082 or s. 775.083. A
584	person who fails to report a theft or loss of a substance listed
585	in s. 893.03(2) within 48 hours after discovery as required in
586	this paragraph commits a misdemeanor of the first degree,
587	punishable as provided in s. 775.082 or s. 775.083.
588	Section 17.  Section 2 of chapter 2009-198, Laws of
589	Florida, is repealed.
590	Section 18.  (1)  BUY-BACK PROGRAM.-Within 10 days after
591	the effective date of this act, each physician licensed under
592	chapter 458, chapter 459, chapter 461, or chapter 466, Florida
593	Statutes, shall ensure that undispensed controlled substance
594	inventory purchased under the physician's Drug Enforcement
595	Administration number for dispensing is:
596	(a)  Returned to the wholesale distributor, as defined in
597	s. 499.003, Florida Statutes, which distributed them; or
598	(b)  Turned in to local law enforcement agencies and
599	abandoned.
600
601	Wholesale distributors shall buy back undispensed controlled
602	substance inventory at the purchase price paid by the physician,
603	physician practice, clinic, or other paying entity. Each
604	wholesale distributor shall submit a report of its activities
605	under this section to the Department of Health by August 1,
606	2011. The report shall include the following information:
607	1.  The name and address of the returning entity.
608	2.  The Florida license, registration, or permit number and
609	Drug Enforcement Administration number of the entity that
610	originally ordered the drugs.
611	3.  The drug name and number of unit doses returned.
612	4.  The date of return.
613	(2)  PUBLIC HEALTH EMERGENCY.-
614	(a)  The Legislature finds that:
615	1.  Prescription drug overdose has been declared a public
616	health epidemic by the United States Centers for Disease Control
617	and Prevention.
618	2.  Prescription drug abuse results in an average of 7
619	deaths in this state each day.
620	3.  Physicians in this state purchased over 85 percent of
621	the oxycodone purchased by all practitioners in the United
622	States in 2006.
623	4.  Physicians in this state purchased over 93 percent of
624	the methadone purchased by all practitioners in the United
625	States in 2006.
626	5.  Some physicians in this state dispense medically
627	unjustifiable amounts of controlled substances to addicts and
628	people who intend to illegally sell the drugs.
629	6.  Physicians in this state who have purchased large
630	quantities of controlled substances may have significant
631	inventory on the effective date of this act.
632	7.  On the effective date of this act, the only legal
633	method for a dispensing practitioner to sell or otherwise
634	transfer controlled substances purchased for dispensing is
635	through the buy-back procedure or abandonment procedures of
636	subsection (1).
637	8.  It is likely that the same physicians who purchase and
638	dispense medically unjustifiable amounts of drugs will not
639	legally dispose of remaining inventory.
640	9.  The actions of such dispensing practitioners may result
641	in substantial injury to the public health.
642	(b)  Immediately on the effective date of this act, the
643	State Health Officer shall declare a public health emergency
644	pursuant to s. 381.00315, Florida Statutes. Pursuant to that
645	declaration, the Department of Health, the Attorney General, the
646	Department of Law Enforcement, and local law enforcement
647	agencies shall take the following actions:
648	1.  Within 2 days after the effective date of this act, in
649	consultation with wholesale distributors as defined in s.
650	499.003, Florida Statutes, the Department of Health shall
651	identify dispensing practitioners that purchased more than an
652	average of 2,000 unit doses of controlled substances per month
653	in the previous 6 months, and shall identify the dispensing
654	practitioners in that group who pose the greatest threat to the
655	public health based on an assessment of:
656	a.  The risk of noncompliance with subsection (1).
657	b.  Purchase amounts.
658	c.  Manner of medical practice.
659	d.  Any other factor set by the State Health Officer.
660
661	The Attorney General shall consult and coordinate with federal
662	law enforcement agencies. The Department of Law Enforcement
663	shall coordinate the efforts of local law enforcement agencies.
664	2.  On the 3rd day after the effective date of this act,
665	the Department of Law Enforcement or local law enforcement
666	agencies shall enter the business premises of the dispensing
667	practitioners identified as posing the greatest threat to public
668	health and quarantine the controlled substance inventory of such
669	dispensing practitioners on site.
670	3.  The Department of Law Enforcement or local law
671	enforcement agencies shall ensure the security of such inventory
672	24 hours a day through the 10th day after the effective date of
673	this act or until the inventory is validly transferred pursuant
674	to subsection (1), whichever is earlier.
675	4.  On the 11th day after the effective date of this act,
676	any remaining controlled substance purchased for dispensing by
677	practitioners is deemed contraband under s. 893.12, Florida
678	Statutes. The Department of Law Enforcement or local law
679	enforcement agencies shall seize the inventory and comply with
680	the provisions of s. 893.12, Florida Statutes, to destroy it.
681	(c)  In order to implement the provisions of this section,
682	the sum of $1.5 million of nonrecurring funds from the General
683	Revenue Fund is appropriated to the Department of Law
684	Enforcement for the 2010-2011 fiscal year. The Department of Law
685	Enforcement shall expend the appropriation by reimbursing local
686	law enforcement agencies for the overtime-hour costs associated
687	with securing the quarantined controlled substance inventory as
688	provided in paragraph (b). All requests for reimbursement must
689	be submitted to the Department of Law Enforcement by June 1,
690	2011. If the requests for reimbursement exceed the amount
691	appropriated, the reimbursements shall be prorated by the hours
692	of overtime per requesting agency at a maximum of one law
693	enforcement officer per quarantine site.
694	(3)  This section is repealed January 1, 2013.
695	Section 19.  This act shall take effect upon becoming a
696	law.

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