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


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Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H1185 Detail]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
HB 1185

1
A bill to be entitled
2An act relating to pain-management clinics; amending ss.
3458.327 and 459.013, F.S.; providing that persons who are
4convicted of, enter a plea of guilty or nolo contendere
5to, or have adjudication withheld for knowingly operating,
6owning, or managing an unregistered pain-management clinic
7are subject to the Florida Contraband Forfeiture Act;
8amending s. 932.701, F.S.; redefining the term "contraband
9article" as it relates to owning, operating, or managing
10an unregistered pain-management clinic; amending s.
11932.7055, F.S.; requiring that proceeds from a forfeiture
12involving an unregistered pain-management clinic be
13deposited in the Crimes Compensation Trust Fund within the
14Department of Revenue; providing an effective date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  Subsection (1) of section 458.327, Florida
19Statutes, is amended to read:
20     458.327  Penalty for violations.-
21     (1)  Each of the following acts constitutes a felony of the
22third degree, punishable as provided in s. 775.082, s. 775.083,
23or s. 775.084:
24     (a)  The practice of medicine or an attempt to practice
25medicine without a license to practice in Florida.
26     (b)  The use or attempted use of a license which is
27suspended or revoked to practice medicine.
28     (c)  Attempting to obtain or obtaining a license to
29practice medicine by knowing misrepresentation.
30     (d)  Attempting to obtain or obtaining a position as a
31medical practitioner or medical resident in a clinic or hospital
32through knowing misrepresentation of education, training, or
33experience.
34     (e)  Knowingly operating, owning, or managing an
35unregistered a nonregistered pain-management clinic that is
36required to be registered with the Department of Health pursuant
37to s. 458.3265(1). A person who is convicted of, enters a plea
38of guilty or nolo contendere to, or has adjudication withheld
39for knowingly operating, owning, or managing an unregistered
40pain-management clinic that is required to be registered with
41the Department of Health is also subject to the Florida
42Contraband Forfeiture Act as provided in ss. 932.701-932.706.
43     Section 2.  Subsection (1) of section 459.013, Florida
44Statutes, is amended to read:
45     459.013  Penalty for violations.-
46     (1)  Each of the following acts constitutes a felony of the
47third degree, punishable as provided in s. 775.082, s. 775.083,
48or s. 775.084:
49     (a)  The practice of osteopathic medicine, or an attempt to
50practice osteopathic medicine, without an active license or
51certificate issued pursuant to this chapter.
52     (b)  The practice of osteopathic medicine by a person
53holding a limited license, osteopathic faculty certificate, or
54other certificate issued under this chapter beyond the scope of
55practice authorized for such licensee or certificateholder.
56     (c)  Attempting to obtain or obtaining a license to
57practice osteopathic medicine by knowing misrepresentation.
58     (d)  Attempting to obtain or obtaining a position as an
59osteopathic medical practitioner or osteopathic medical resident
60in a clinic or hospital through knowing misrepresentation of
61education, training, or experience.
62     (e)  Knowingly operating, owning, or managing a
63nonregistered pain-management clinic that is required to be
64registered with the Department of Health pursuant to s.
65459.0137(1). A person who is convicted of, enters a plea of
66guilty or nolo contendere to, or has adjudication withheld for
67knowingly operating, owning, or managing an unregistered pain-
68management clinic that is required to be registered with the
69Department of Health is also subject to the Florida Contraband
70Forfeiture Act as provided in ss. 932.701-932.706.
71     Section 3.  Section 932.701, Florida Statutes, is amended
72to read:
73     932.701  Short title; definitions.-
74     (1)  Sections 932.701-932.706 shall be known and may be
75cited 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
79any substance, device, paraphernalia, or currency or other means
80of exchange that was used, was attempted to be used, or was
81intended to be used in violation of any provision of chapter
82893, if the totality of the facts presented by the state is
83clearly sufficient to meet the state's burden of establishing
84probable cause to believe that a nexus exists between the
85article seized and the narcotics activity, whether or not the
86use of the contraband article can be traced to a specific
87narcotics transaction.
88     2.  Any gambling paraphernalia, lottery tickets, money,
89currency, or other means of exchange which was used, was
90attempted, or intended to be used in violation of the gambling
91laws of the state.
92     3.  Any equipment, liquid or solid, which was being used,
93is being used, was attempted to be used, or intended to be used
94in violation of the beverage or tobacco laws of the state.
95     4.  Any motor fuel upon which the motor fuel tax has not
96been paid as required by law.
97     5.  Any personal property, including, but not limited to,
98any vessel, aircraft, item, object, tool, substance, device,
99weapon, machine, vehicle of any kind, money, securities, books,
100records, research, negotiable instruments, or currency, which
101was used or was attempted to be used as an instrumentality in
102the commission of, or in aiding or abetting in the commission
103of, any felony, whether or not comprising an element of the
104felony, or which is acquired by proceeds obtained as a result of
105a violation of the Florida Contraband Forfeiture Act.
106     6.  Any real property, including any right, title,
107leasehold, or other interest in the whole of any lot or tract of
108land, which was used, is being used, or was attempted to be used
109as an instrumentality in the commission of, or in aiding or
110abetting in the commission of, any felony, or which is acquired
111by proceeds obtained as a result of a violation of the Florida
112Contraband Forfeiture Act.
113     7.  Any personal property, including, but not limited to,
114equipment, money, securities, books, records, research,
115negotiable instruments, currency, or any vessel, aircraft, item,
116object, tool, substance, device, weapon, machine, or vehicle of
117any kind in the possession of or belonging to any person who
118takes aquaculture products in violation of s. 812.014(2)(c).
119     8.  Any motor vehicle offered for sale in violation of s.
120320.28.
121     9.  Any motor vehicle used during the course of committing
122an offense in violation of s. 322.34(9)(a).
123     10.  Any photograph, film, or other recorded image,
124including an image recorded on videotape, a compact disc,
125digital tape, or fixed disk, that is recorded in violation of s.
126810.145 and is possessed for the purpose of amusement,
127entertainment, sexual arousal, gratification, or profit, or for
128the purpose of degrading or abusing another person.
129     11.  Any real property, including any right, title,
130leasehold, or other interest in the whole of any lot or tract of
131land, which is acquired by proceeds obtained as a result of
132Medicaid fraud under s. 409.920 or s. 409.9201; any personal
133property, including, but not limited to, equipment, money,
134securities, books, records, research, negotiable instruments, or
135currency; or any vessel, aircraft, item, object, tool,
136substance, device, weapon, machine, or vehicle of any kind in
137the possession of or belonging to any person which is acquired
138by proceeds obtained as a result of Medicaid fraud under s.
139409.920 or s. 409.9201.
140     12.  Any real property, including any right, title,
141leasehold, or other interest in the whole of any lot or tract of
142land, which is acquired by proceeds obtained as a result of
143knowingly operating, owning, or managing an unregistered pain-
144management clinic as prohibited in s. 458.327(1) or s.
145459.013(1); or any personal property, including, but not limited
146to, equipment, money, securities, books, records, research,
147negotiable instruments, or currency; or any vessel, aircraft,
148item, object, tool, substance, device, weapon, machine, or
149vehicle of any kind in the possession of or belonging to a
150person which is acquired by proceeds obtained as a result of
151knowingly operating, owning, or managing an unregistered pain-
152management clinic as prohibited in s. 458.327(1) or s.
153459.013(1).
154     (b)  "Bona fide lienholder" means the holder of a lien
155perfected pursuant to applicable law.
156     (c)  "Promptly proceed" means to file the complaint within
15745 days after seizure.
158     (d)  "Complaint" is a petition for forfeiture filed in the
159civil division of the circuit court by the seizing agency
160requesting the court to issue a judgment of forfeiture.
161     (e)  "Person entitled to notice" means any owner, entity,
162bona fide lienholder, or person in possession of the property
163subject to forfeiture when seized, who is known to the seizing
164agency after a diligent search and inquiry.
165     (f)  "Adversarial preliminary hearing" means a hearing in
166which the seizing agency is required to establish probable cause
167that the property subject to forfeiture was used in violation of
168the Florida Contraband Forfeiture Act.
169     (g)  "Forfeiture proceeding" means a hearing or trial in
170which the court or jury determines whether the subject property
171shall be forfeited.
172     (h)  "Claimant" means any party who has proprietary
173interest in property subject to forfeiture and has standing to
174challenge such forfeiture, including owners, registered owners,
175bona fide lienholders, and titleholders.
176     Section 4.  Paragraph (a) of subsection (6) of section
177932.7055, 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
180proceeds shall be deposited into the General Revenue Fund.
181However, if the seizing agency is:
182     (a)  The Department of Law Enforcement, the proceeds
183accrued pursuant to the provisions of the Florida Contraband
184Forfeiture Act shall be deposited into the following trust
185funds:
186     1.  The Forfeiture and Investigative Support Trust Fund as
187provided in s. 943.362; or into
188     2.  The department's Federal Law Enforcement Trust Fund as
189provided in s. 943.365, as applicable; or.
190     3.  The Crimes Compensation Trust Fund if the forfeiture
191involves 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.
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