Sarasota News Leader

02/21/2014

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proposed ordinance. In the section regarding Prima Facie Evidence, Pearce pointed out, the Sheriff's Office wanted language added to make it clear the substances were designed or engineered "in furtherance of impairing a person's normal faculties." Pearce added that staff in the State Attorney's Office concurred that the revision would help counter any constitutional challenge to the ordinance. However, Pearce said he felt the change was not necessary and could, in fact, "make pros- ecution a little more difficult. … How do you prove [a substance] is … impairing someone's normal faculties?" "My only concern with this," Commissioner Joe Barbetta responded, "is the burden of proof. You have to prove intent." Pearce told the commissioners that staff in the Sheriff's Office and State Attorney's Office agreed that if the revision proved to be prob- lematic, they could ask the board to amend the ordinance. Chairman Charles Hines asked whether the change was intended to prevent substances A chart presented to the County Commission lists reasons why Kratom was included in a new ordinance banning certain synthetic drugs. Image courtesy Sarasota County Sarasota News Leader February 21, 2014 Page 70

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