Bill Text: FL H1185 | 2011 | Regular Session | Introduced

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Bill Title: Pain-management Clinics

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H1185 Detail]

Download: Florida-2011-H1185-Introduced.html

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HB 1185

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
16	Be It Enacted by the Legislature of the State of Florida:
17
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.

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