The regulation of pain management clinics through SB 1192 (Sen. Grimsley) and HB 831 (Rep. Fasano) moved through both houses of the Legislature this week. HB 831 was amended in committee to remove the local government preemption and passed out of its first of three committees.  FAC’s Lisa Hurley provided testimony in support of the bill with removal of the preemption.  SB 1192 unanimously passed out of its first committee despite strong opposition from counties over the preemption language.  Senator Bradley’s bill (SB 294) and Representative Ingram’s bill (HB 619) to expand the controlled substances register by another 22 new formulas have passed out their last committees and are now headed to the floor of their respective chambers.

Read more on public safety bills…                                                                            

Controlled Substances “Synthetic Drugs”

SB 294 (S. Bradley)/HB 619 (R. Ingram)

  • Summary:  Expands Schedule I of the controlled substances register to include 22 new formulas of synthetic drugs; all 22 formulas were included in the Attorney General’s December 2012 Emergency Order outlawing them.
  • Status:  SB 294 and HB 619 passed their last committees this week and are now headed to the floor of their respective chambers.    

Concealed Weapons and Firearms
SB 374 (S. Braynon)/HB 97 (R. Powell)

  • Summary: Seek to permit local governments to regulate carry of concealed weapons in public buildings or government-sponsored outdoor public venues.
  • Status:  No bill has been heard in committee. Senate bill has been referred to four committees; House has been referred to three committees. 

Pain Management Clinics
SB 1192 (S. Grimsley)/ HB 831 (R. Fasano)

  • Summary:
    • Requires physicians to consult PDMP prior to prescribing drugs to new patients
    • Removes restriction on state funding for PDMP
    • Places a moratorium on new county ordinances
    • The House bill directs a workgroup to create a model county ordinance to go into effect in 2014 limited to zoning matters; no county ordinance can be stricter or go beyond model ordinance
    • The Senate bill preempts the regulation of pain clinics and its practitioners, as well as, pharmacies, pharmacists, and health care facilities to the State.
  • Status: Both bills have been referred to three committees. SB 1192 unanimously passed out of Health Policy on 3/20 despite strong opposition from counties over the preemption language. However, in the other chamber, HB 831 passed out of Health Quality Committee 3/19 with an amendment that removed all preemption language, which FAC supported; bill now moves to its second stop in Health Care Appropriations.

Texting While Driving
SB 52 (S. Detert)/HB 13 (R. Holder)

  • Summary:
    • Creates “Florida Ban on Texting While Driving Law”
    • Makes texting, emailing or instant messaging while driving a secondary offense
    • Does not ban such activities when a vehicle is stationary
    • A first violation is a nonmoving violation and subsequent offenses within a 5  year period is a moving violation with fines and points assessed
  • Status:  The Senate bill has passed two of its three committees and the House bill passed its second of three committees unanimously this week.  SB 52 will next be heard in Judiciary and HB 13 moves to Economic Affairs.