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:
- 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).
- 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)
- 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.
- 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,
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