Bill Text: FL S1208 | 2014 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
Florida Senate - 2014 SB 1208 By Senator Latvala 20-01098A-14 20141208__ 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 thatwhichhas not been 36 completed in its entirety by the practitioner whose name appears 37 printed thereon, or that has not beenandsigned by the 38 practitioner whose name appears printed thereon, unless the 39 person is that practitioner, is an agent or employee of that 40 practitioner, is a pharmacist, or is a supplier of prescription 41 forms who is authorized by that practitioner to possess those 42 forms. 43 8. Withhold information from a practitioner from whom the 44 person seeks to obtain a controlled substance or a prescription 45 for a controlled substance that the person making the request 46 has received a controlled substance or a prescription for a 47 controlled substance of like therapeutic use from another 48 practitioner within the previous 30 days. 49 9. Acquire or obtain, or attempt to acquire or obtain, 50 possession of a controlled substance by misrepresentation, 51 fraud, forgery, deception, or subterfuge. 52 10. Affix any false or forged label to a package or 53 receptacle containing a controlled substance. 54 11. Furnish false or fraudulent material information in, or 55 omit any material information from, any report or other document 56 required to be kept or filed under this chapter or any record 57 required to be kept by this chapter. 58 12. Store anhydrous ammonia in a container that is not 59 approved by the United States Department of Transportation to 60 hold anhydrous ammonia or is not constructed in accordance with 61 sound engineering, agricultural, or commercial practices. 62 13. With the intent to obtain a controlled substance or 63 combination of controlled substances that are not medically 64 necessary for the person or an amount of a controlled substance 65 or substances that is not medically necessary for the person, 66 obtain or attempt to obtain from a practitioner a controlled 67 substance or a prescription for a controlled substance by 68 misrepresentation, fraud, forgery, deception, subterfuge, or 69 concealment of a material fact. For purposes of this 70 subparagraph, a material fact includes whether the person has an 71 existing prescription for a controlled substance issued for the 72 same period of time by another practitioner or as described in 73 subparagraph 8. 74 (c) AAnyperson who violatesthe provisions of75 subparagraphs (a)1.-6.(a)1.-7.commits a misdemeanor of the 76 first degree, punishable as provided in s. 775.082 or s. 77 775.083,;except that, upon a second or subsequent violation, 78 the person commits a felony of the third degree, punishable as 79 provided in s. 775.082, s. 775.083, or s. 775.084. 80 (d) AAnyperson who violatesthe provisions of81 subparagraphs (a)7.-12.(a)8.-12.commits a felony of the third 82 degree, punishable as provided in s. 775.082, s. 775.083, or s. 83 775.084. 84 Section 2. This act shall take effect October 1, 2014.