New 2006 Anti-Meth Law

A new 2006 anti-meth law signed by the Governor on June 27, 2006 (HB 1325) affects Meth prosecutions as follows:
  1. In determining whether a child is at "high-risk" of abuse for purposes of filing a dependency petition, DCF may now consider "the arrest of the parents/guardian on charges of manufacturing, processing, disposing of, or storing any substances listed in Chapter 893 (Drug Abuse Prevention and Control).
  2. Adds new language providing enhanced criminal penalties for injury to EMTs, firefighters, paramedics, public utility employees, animal control officers, and any federal state or local government employee sustained as a result of a violation of Ch. 893.13 (re: selling or possession-with-intent-to-distribute a controlled substance)
  3. Prohibits the cancellation of life or health insurance for any of the above groups solely as a result of their exposure to toxic chemicals while engaged in their lawful duties concerning a Ch. 893 violation.
  4. Adds to the list of dangerous crimes warranting pre-trial detention "manufacturing any substances in violation of Ch. 893." In addition, the bill adds Legislative Findings that, because a person who manufactures Ch. 893 substances poses a sufficient threat to public safety, the court shall order pretrial detention if: (a) the court finds substantial probability that the crime was committed, and (b) no conditions of release are sufficient to protect the community from harm.

View a copy of HB 1325 (Pub. L. No. 2006-306).

Enhanced Criminal Penalties

During the 2005 legislative session, the Florida Legislature enacted new laws to combat the growing threat of clandestine meth production in Florida. The bill creates a new felony offense for those who expose children to the dangers of meth labs. The DEA estimates that children were present or living at 35% of all labs seized by law enforcement. Effective July 1, 2005, the manufacture of methamphetamine, or the possession of any listed precursor or essential chemical with intent to manufacture methamphetamine, became:

 A 1st Degree Felony with a 5-year minimum mandatory sentence and a maximum of 30-years in prison if the commission or attempted commission of the crime occurs in a structure or conveyance where any child under the age of 16 is present,

and

A 1st Degree Felony with a 10-year minimum mandatory sentence and a maximum of 30-years in prison if the commission of the crime causes any child under 16 years of age to suffer great bodily harm.

Click on the following link for a summary of Florida's criminal Meth laws:
Florida's Criminal Meth Statutes