Bill Text: FL S1208 | 2014 | Regular Session | Comm Sub
Bill Title: Fraudulent Controlled Substance Prescriptions
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2014-04-30 - Laid on Table, companion bill(s) passed, see CS/HB 517 (Ch. 2014-204) [S1208 Detail]
Download: Florida-2014-S1208-Comm_Sub.html
Florida Senate - 2014 CS for CS for SB 1208 By the Committees on Health Policy; and Criminal Justice; and Senator Latvala 588-02842-14 20141208c2 1 A bill to be entitled 2 An act relating to fraudulent controlled substance 3 prescriptions; amending s. 893.13, F.S.; revising 4 provisions prohibiting possession of incomplete 5 prescription forms; providing enhanced criminal 6 penalties for violations involving incomplete 7 prescription forms; providing an effective date. 8 9 Be It Enacted by the Legislature of the State of Florida: 10 11 Section 1. Paragraphs (a), (c), and (d) of subsection (7) 12 of section 893.13, Florida Statutes, are amended to read: 13 893.13 Prohibited acts; penalties.— 14 (7)(a) A person may not: 15 1. Distribute or dispense a controlled substance in 16 violation of this chapter. 17 2. Refuse or fail to make, keep, or furnish any record, 18 notification, order form, statement, invoice, or information 19 required under this chapter. 20 3. Refuse entry into any premises for any inspection or 21 refuse to allow any inspection authorized by this chapter. 22 4. Distribute a controlled substance named or described in 23 s. 893.03(1) or (2) except pursuant to an order form as required 24 by s. 893.06. 25 5. Keep or maintain any store, shop, warehouse, dwelling, 26 building, vehicle, boat, aircraft, or other structure or place 27 which is resorted to by persons using controlled substances in 28 violation of this chapter for the purpose of using these 29 substances, or which is used for keeping or selling them in 30 violation of this chapter. 31 6. Use to his or her own personal advantage, or reveal, any 32 information obtained in enforcement of this chapter except in a 33 prosecution or administrative hearing for a violation of this 34 chapter. 35 7. Possess a prescription form which has not been completed 36 and signed by the practitioner whose name appears printed 37 thereon. This subparagraph does not apply if, unlessthe person 38 in possession of the form is that practitioner, is an agent or 39 employee of that practitioner, is a pharmacist, or is a supplier 40 of prescription forms who is authorized by that practitioner to 41 possess those forms. 42 8. Withhold information from a practitioner from whom the 43 person seeks to obtain a controlled substance or a prescription 44 for a controlled substance that the person making the request 45 has received a controlled substance or a prescription for a 46 controlled substance of like therapeutic use from another 47 practitioner within the previous 30 days. 48 9. Acquire or obtain, or attempt to acquire or obtain, 49 possession of a controlled substance by misrepresentation, 50 fraud, forgery, deception, or subterfuge. 51 10. Affix any false or forged label to a package or 52 receptacle containing a controlled substance. 53 11. Furnish false or fraudulent material information in, or 54 omit any material information from, any report or other document 55 required to be kept or filed under this chapter or any record 56 required to be kept by this chapter. 57 12. Store anhydrous ammonia in a container that is not 58 approved by the United States Department of Transportation to 59 hold anhydrous ammonia or is not constructed in accordance with 60 sound engineering, agricultural, or commercial practices. 61 13. With the intent to obtain a controlled substance or 62 combination of controlled substances that are not medically 63 necessary for the person or an amount of a controlled substance 64 or substances that is not medically necessary for the person, 65 obtain or attempt to obtain from a practitioner a controlled 66 substance or a prescription for a controlled substance by 67 misrepresentation, fraud, forgery, deception, subterfuge, or 68 concealment of a material fact. For purposes of this 69 subparagraph, a material fact includes whether the person has an 70 existing prescription for a controlled substance issued for the 71 same period of time by another practitioner or as described in 72 subparagraph 8. 73 (c) AAnyperson who violatesthe provisions of74 subparagraphs (a)1.-6.(a)1.-7.commits a misdemeanor of the 75 first degree, punishable as provided in s. 775.082 or s. 76 775.083,;except that, upon a second or subsequent violation, 77 the person commits a felony of the third degree, punishable as 78 provided in s. 775.082, s. 775.083, or s. 775.084. 79 (d) AAnyperson who violatesthe provisions of80 subparagraphs (a)7.-12.(a)8.-12.commits a felony of the third 81 degree, punishable as provided in s. 775.082, s. 775.083, or s. 82 775.084. 83 Section 2. This act shall take effect October 1, 2014.