CS/HB 39

1	A bill to be entitled
2	An act relating to controlled substances; amending s.
3	893.02, F.S.; defining the term "homologue" for purposes
4	of the Florida Comprehensive Drug Abuse Prevention and
5	Control Act; amending s. 893.03, F.S.; including certain
6	hallucinogenic substances on the list of controlled
7	substances in Schedule I; reenacting ss. 893.13(1), (2),
8	(4) and (5), 893.135(1)(l), and 921.0022(3)(b), (c), and
9	(e), F.S., relating to prohibited acts and penalties
10	regarding controlled substances and the offense severity
11	chart of the Criminal Punishment Code, to incorporate the
12	amendment to s. 893.03, F.S., in references thereto;
13	providing an effective date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1.  Present subsections (11) through (22) of
18	section 893.02, Florida Statutes, are redesignated as
19	subsections (12) through (23), respectively, and a new
20	subsection (11) is added to that section, to read:
21	893.02  Definitions.-The following words and phrases as
22	used in this chapter shall have the following meanings, unless
23	the context otherwise requires:
24	(11)  "Homologue" means a chemical compound in a series in
25	which each compound differs by one or more alkyl functional
26	groups on an alkyl side chain.
27	Section 2.  Paragraph (c) of subsection (1) of section
28	893.03, Florida Statutes, is amended to read:
29	893.03  Standards and schedules.-The substances enumerated
30	in this section are controlled by this chapter. The controlled
31	substances listed or to be listed in Schedules I, II, III, IV,
32	and V are included by whatever official, common, usual,
33	chemical, or trade name designated. The provisions of this
34	section shall not be construed to include within any of the
35	schedules contained in this section any excluded drugs listed
36	within the purview of 21 C.F.R. s. 1308.22, styled "Excluded
37	Substances"; 21 C.F.R. s. 1308.24, styled "Exempt Chemical
38	Preparations"; 21 C.F.R. s. 1308.32, styled "Exempted
39	Prescription Products"; or 21 C.F.R. s. 1308.34, styled "Exempt
40	Anabolic Steroid Products."
41	(1)  SCHEDULE I.-A substance in Schedule I has a high
42	potential for abuse and has no currently accepted medical use in
43	treatment in the United States and in its use under medical
44	supervision does not meet accepted safety standards. The
45	following substances are controlled in Schedule I:
46	(c)  Unless specifically excepted or unless listed in
47	another schedule, any material, compound, mixture, or
48	preparation which contains any quantity of the following
49	hallucinogenic substances or which contains any of their salts,
50	isomers, and salts of isomers, whenever the existence of such
51	salts, isomers, and salts of isomers is possible within the
52	specific chemical designation:
53	1.  Alpha-ethyltryptamine.
54	2.  2-Amino-4-methyl-5-phenyl-2-oxazoline (4-
55	methylaminorex).
56	3.  2-Amino-5-phenyl-2-oxazoline (Aminorex).
57	4.  4-Bromo-2,5-dimethoxyamphetamine.
58	5.  4-Bromo-2, 5-dimethoxyphenethylamine.
59	6.  Bufotenine.
60	7.  Cannabis.
61	8.  Cathinone.
62	9.  Diethyltryptamine.
63	10.  2,5-Dimethoxyamphetamine.
64	11.  2,5-Dimethoxy-4-ethylamphetamine (DOET).
65	12.  Dimethyltryptamine.
66	13.  N-Ethyl-1-phenylcyclohexylamine (PCE) (Ethylamine
67	analog of phencyclidine).
68	14.  N-Ethyl-3-piperidyl benzilate.
69	15.  N-ethylamphetamine.
70	16.  Fenethylline.
71	17.  N-Hydroxy-3,4-methylenedioxyamphetamine.
72	18.  Ibogaine.
73	19.  Lysergic acid diethylamide (LSD).
74	20.  Mescaline.
75	21.  Methcathinone.
76	22.  5-Methoxy-3,4-methylenedioxyamphetamine.
77	23.  4-methoxyamphetamine.
78	24.  4-methoxymethamphetamine.
79	25.  4-Methyl-2,5-dimethoxyamphetamine.
80	26.  3,4-Methylenedioxy-N-ethylamphetamine.
81	27.  3,4-Methylenedioxyamphetamine.
82	28.  N-Methyl-3-piperidyl benzilate.
83	29.  N,N-dimethylamphetamine.
84	30.  Parahexyl.
85	31.  Peyote.
86	32.  N-(1-Phenylcyclohexyl)-pyrrolidine (PCPY) (Pyrrolidine
87	analog of phencyclidine).
88	33.  Psilocybin.
89	34.  Psilocyn.
90	35.  Salvia divinorum, except for any drug product approved
91	by the United States Food and Drug Administration which contains
92	Salvia divinorum or its isomers, esters, ethers, salts, and
93	salts of isomers, esters, and ethers, whenever the existence of
94	such isomers, esters, ethers, and salts is possible within the
95	specific chemical designation.
96	36.  Salvinorin A, except for any drug product approved by
97	the United States Food and Drug Administration which contains
98	Salvinorin A or its isomers, esters, ethers, salts, and salts of
99	isomers, esters, and ethers, whenever the existence of such
100	isomers, esters, ethers, and salts is possible within the
101	specific chemical designation.
102	37.  Tetrahydrocannabinols.
103	38.  1-[1-(2-Thienyl)-cyclohexyl]-piperidine (TCP)
104	(Thiophene analog of phencyclidine).
105	39.  3,4,5-Trimethoxyamphetamine.
106	40.  2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-
107	yl)phenol, also known as CP 47,497 and its dimethyloctyl (C8)
108	homologue.
109	41.  (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-
110	methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo [c]chromen-1-ol,
111	also known as HU-210.
112	42.  1-Pentyl-3-(1-naphthoyl)indole, also known as JWH-018.
113	43.  1-Butyl-3-(1-naphthoyl)indole, also known as JWH-073.
114	44.  1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl) indole,
115	also known as JWH-200.
116	Section 3.  For the purpose of incorporating the amendment
117	made by this act to section 893.03, Florida Statutes, in
118	references thereto, subsections (1), (2), (4), and (5) of
119	section 893.13, Florida Statutes, are reenacted to read:
120	893.13  Prohibited acts; penalties.-
121	(1)(a)  Except as authorized by this chapter and chapter
122	499, it is unlawful for any person to sell, manufacture, or
123	deliver, or possess with intent to sell, manufacture, or
124	deliver, a controlled substance. Any person who violates this
125	provision with respect to:
126	1.  A controlled substance named or described in s.
127	893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
128	commits a felony of the second degree, punishable as provided in
129	s. 775.082, s. 775.083, or s. 775.084.
130	2.  A controlled substance named or described in s.
131	893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
132	(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
133	the third degree, punishable as provided in s. 775.082, s.
134	775.083, or s. 775.084.
135	3.  A controlled substance named or described in s.
136	893.03(5) commits a misdemeanor of the first degree, punishable
137	as provided in s. 775.082 or s. 775.083.
138	(b)  Except as provided in this chapter, it is unlawful to
139	sell or deliver in excess of 10 grams of any substance named or
140	described in s. 893.03(1)(a) or (1)(b), or any combination
141	thereof, or any mixture containing any such substance. Any
142	person who violates this paragraph commits a felony of the first
143	degree, punishable as provided in s. 775.082, s. 775.083, or s.
144	775.084.
145	(c)  Except as authorized by this chapter, it is unlawful
146	for any person to sell, manufacture, or deliver, or possess with
147	intent to sell, manufacture, or deliver, a controlled substance
148	in, on, or within 1,000 feet of the real property comprising a
149	child care facility as defined in s. 402.302 or a public or
150	private elementary, middle, or secondary school between the
151	hours of 6 a.m. and 12 midnight, or at any time in, on, or
152	within 1,000 feet of real property comprising a state, county,
153	or municipal park, a community center, or a publicly owned
154	recreational facility. For the purposes of this paragraph, the
155	term "community center" means a facility operated by a nonprofit
156	community-based organization for the provision of recreational,
157	social, or educational services to the public. Any person who
158	violates this paragraph with respect to:
159	1.  A controlled substance named or described in s.
160	893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
161	commits a felony of the first degree, punishable as provided in
162	s. 775.082, s. 775.083, or s. 775.084. The defendant must be
163	sentenced to a minimum term of imprisonment of 3 calendar years
164	unless the offense was committed within 1,000 feet of the real
165	property comprising a child care facility as defined in s.
166	402.302.
167	2.  A controlled substance named or described in s.
168	893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
169	(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
170	the second degree, punishable as provided in s. 775.082, s.
171	775.083, or s. 775.084.
172	3.  Any other controlled substance, except as lawfully
173	sold, manufactured, or delivered, must be sentenced to pay a
174	$500 fine and to serve 100 hours of public service in addition
175	to any other penalty prescribed by law.
176
177	This paragraph does not apply to a child care facility unless
178	the owner or operator of the facility posts a sign that is not
179	less than 2 square feet in size with a word legend identifying
180	the facility as a licensed child care facility and that is
181	posted on the property of the child care facility in a
182	conspicuous place where the sign is reasonably visible to the
183	public.
184	(d)  Except as authorized by this chapter, it is unlawful
185	for any person to sell, manufacture, or deliver, or possess with
186	intent to sell, manufacture, or deliver, a controlled substance
187	in, on, or within 1,000 feet of the real property comprising a
188	public or private college, university, or other postsecondary
189	educational institution. Any person who violates this paragraph
190	with respect to:
191	1.  A controlled substance named or described in s.
192	893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
193	commits a felony of the first degree, punishable as provided in
194	s. 775.082, s. 775.083, or s. 775.084.
195	2.  A controlled substance named or described in s.
196	893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
197	(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
198	the second degree, punishable as provided in s. 775.082, s.
199	775.083, or s. 775.084.
200	3.  Any other controlled substance, except as lawfully
201	sold, manufactured, or delivered, must be sentenced to pay a
202	$500 fine and to serve 100 hours of public service in addition
203	to any other penalty prescribed by law.
204	(e)  Except as authorized by this chapter, it is unlawful
205	for any person to sell, manufacture, or deliver, or possess with
206	intent to sell, manufacture, or deliver, a controlled substance
207	not authorized by law in, on, or within 1,000 feet of a physical
208	place for worship at which a church or religious organization
209	regularly conducts religious services or within 1,000 feet of a
210	convenience business as defined in s. 812.171. Any person who
211	violates this paragraph with respect to:
212	1.  A controlled substance named or described in s.
213	893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
214	commits a felony of the first degree, punishable as provided in
215	s. 775.082, s. 775.083, or s. 775.084.
216	2.  A controlled substance named or described in s.
217	893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
218	(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
219	the second degree, punishable as provided in s. 775.082, s.
220	775.083, or s. 775.084.
221	3.  Any other controlled substance, except as lawfully
222	sold, manufactured, or delivered, must be sentenced to pay a
223	$500 fine and to serve 100 hours of public service in addition
224	to any other penalty prescribed by law.
225	(f)  Except as authorized by this chapter, it is unlawful
226	for any person to sell, manufacture, or deliver, or possess with
227	intent to sell, manufacture, or deliver, a controlled substance
228	in, on, or within 1,000 feet of the real property comprising a
229	public housing facility at any time. For purposes of this
230	section, the term "real property comprising a public housing
231	facility" means real property, as defined in s. 421.03(12), of a
232	public corporation created as a housing authority pursuant to
233	part I of chapter 421. Any person who violates this paragraph
234	with respect to:
235	1.  A controlled substance named or described in s.
236	893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
237	commits a felony of the first degree, punishable as provided in
238	s. 775.082, s. 775.083, or s. 775.084.
239	2.  A controlled substance named or described in s.
240	893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
241	(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
242	the second degree, punishable as provided in s. 775.082, s.
243	775.083, or s. 775.084.
244	3.  Any other controlled substance, except as lawfully
245	sold, manufactured, or delivered, must be sentenced to pay a
246	$500 fine and to serve 100 hours of public service in addition
247	to any other penalty prescribed by law.
248	(g)  Except as authorized by this chapter, it is unlawful
249	for any person to manufacture methamphetamine or phencyclidine,
250	or possess any listed chemical as defined in s. 893.033 in
251	violation of s. 893.149 and with intent to manufacture
252	methamphetamine or phencyclidine. If any person violates this
253	paragraph and:
254	1.  The commission or attempted commission of the crime
255	occurs in a structure or conveyance where any child under 16
256	years of age is present, the person commits a felony of the
257	first degree, punishable as provided in s. 775.082, s. 775.083,
258	or s. 775.084. In addition, the defendant must be sentenced to a
259	minimum term of imprisonment of 5 calendar years.
260	2.  The commission of the crime causes any child under 16
261	years of age to suffer great bodily harm, the person commits a
262	felony of the first degree, punishable as provided in s.
263	775.082, s. 775.083, or s. 775.084. In addition, the defendant
264	must be sentenced to a minimum term of imprisonment of 10
265	calendar years.
266	(h)  Except as authorized by this chapter, it is unlawful
267	for any person to sell, manufacture, or deliver, or possess with
268	intent to sell, manufacture, or deliver, a controlled substance
269	in, on, or within 1,000 feet of the real property comprising an
270	assisted living facility, as that term is used in chapter 429.
271	Any person who violates this paragraph with respect to:
272	1.  A controlled substance named or described in s.
273	893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
274	commits a felony of the first degree, punishable as provided in
275	s. 775.082, s. 775.083, or s. 775.084.
276	2.  A controlled substance named or described in s.
277	893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
278	(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
279	the second degree, punishable as provided in s. 775.082, s.
280	775.083, or s. 775.084.
281	(2)(a)  Except as authorized by this chapter and chapter
282	499, it is unlawful for any person to purchase, or possess with
283	intent to purchase, a controlled substance. Any person who
284	violates this provision with respect to:
285	1.  A controlled substance named or described in s.
286	893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
287	commits a felony of the second degree, punishable as provided in
288	s. 775.082, s. 775.083, or s. 775.084.
289	2.  A controlled substance named or described in s.
290	893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
291	(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
292	the third degree, punishable as provided in s. 775.082, s.
293	775.083, or s. 775.084.
294	3.  A controlled substance named or described in s.
295	893.03(5) commits a misdemeanor of the first degree, punishable
296	as provided in s. 775.082 or s. 775.083.
297	(b)  Except as provided in this chapter, it is unlawful to
298	purchase in excess of 10 grams of any substance named or
299	described in s. 893.03(1)(a) or (1)(b), or any combination
300	thereof, or any mixture containing any such substance. Any
301	person who violates this paragraph commits a felony of the first
302	degree, punishable as provided in s. 775.082, s. 775.083, or s.
303	775.084.
304	(4)  Except as authorized by this chapter, it is unlawful
305	for any person 18 years of age or older to deliver any
306	controlled substance to a person under the age of 18 years, or
307	to use or hire a person under the age of 18 years as an agent or
308	employee in the sale or delivery of such a substance, or to use
309	such person to assist in avoiding detection or apprehension for
310	a violation of this chapter. Any person who violates this
311	provision with respect to:
312	(a)  A controlled substance named or described in s.
313	893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
314	commits a felony of the first degree, punishable as provided in
315	s. 775.082, s. 775.083, or s. 775.084.
316	(b)  A controlled substance named or described in s.
317	893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
318	(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
319	the second degree, punishable as provided in s. 775.082, s.
320	775.083, or s. 775.084.
321
322	Imposition of sentence may not be suspended or deferred, nor
323	shall the person so convicted be placed on probation.
324	(5)  It is unlawful for any person to bring into this state
325	any controlled substance unless the possession of such
326	controlled substance is authorized by this chapter or unless
327	such person is licensed to do so by the appropriate federal
328	agency. Any person who violates this provision with respect to:
329	(a)  A controlled substance named or described in s.
330	893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
331	commits a felony of the second degree, punishable as provided in
332	s. 775.082, s. 775.083, or s. 775.084.
333	(b)  A controlled substance named or described in s.
334	893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
335	(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
336	the third degree, punishable as provided in s. 775.082, s.
337	775.083, or s. 775.084.
338	(c)  A controlled substance named or described in s.
339	893.03(5) commits a misdemeanor of the first degree, punishable
340	as provided in s. 775.082 or s. 775.083.
341	Section 4.  For the purpose of incorporating the amendment
342	made by this act to section 893.03, Florida Statutes, in
343	references thereto, paragraph (l) of subsection (1) of section
344	893.135, Florida Statutes, is reenacted to read:
345	893.135  Trafficking; mandatory sentences; suspension or
346	reduction of sentences; conspiracy to engage in trafficking.-
347	(1)  Except as authorized in this chapter or in chapter 499
348	and notwithstanding the provisions of s. 893.13:
349	(l)1.  Any person who knowingly sells, purchases,
350	manufactures, delivers, or brings into this state, or who is
351	knowingly in actual or constructive possession of, 1 gram or
352	more of lysergic acid diethylamide (LSD) as described in s.
353	893.03(1)(c), or of any mixture containing lysergic acid
354	diethylamide (LSD), commits a felony of the first degree, which
355	felony shall be known as "trafficking in lysergic acid
356	diethylamide (LSD)," punishable as provided in s. 775.082, s.
357	775.083, or s. 775.084. If the quantity involved:
358	a.  Is 1 gram or more, but less than 5 grams, such person
359	shall be sentenced to a mandatory minimum term of imprisonment
360	of 3 years, and the defendant shall be ordered to pay a fine of
361	$50,000.
362	b.  Is 5 grams or more, but less than 7 grams, such person
363	shall be sentenced to a mandatory minimum term of imprisonment
364	of 7 years, and the defendant shall be ordered to pay a fine of
365	$100,000.
366	c.  Is 7 grams or more, such person shall be sentenced to a
367	mandatory minimum term of imprisonment of 15 calendar years and
368	pay a fine of $500,000.
369	2.  Any person who knowingly manufactures or brings into
370	this state 7 grams or more of lysergic acid diethylamide (LSD)
371	as described in s. 893.03(1)(c), or any mixture containing
372	lysergic acid diethylamide (LSD), and who knows that the
373	probable result of such manufacture or importation would be the
374	death of any person commits capital manufacture or importation
375	of lysergic acid diethylamide (LSD), a capital felony punishable
376	as provided in ss. 775.082 and 921.142. Any person sentenced for
377	a capital felony under this paragraph shall also be sentenced to
378	pay the maximum fine provided under subparagraph 1.
379	Section 5.  For the purpose of incorporating the amendment
380	made by this act to section 893.03, Florida Statutes, in
381	references thereto, paragraphs (b), (c), and (e) of subsection
382	(3) of section 921.0022, Florida Statutes, are reenacted to
383	read:
384	921.0022  Criminal Punishment Code; offense severity
385	ranking chart.-
386	(3)  OFFENSE SEVERITY RANKING CHART
387	(b)  LEVEL 2
388
	FloridaStatute FelonyDegree Description
389
	379.2431(1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
390
	379.2431(1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
391
	403.413(5)(c) 3rd Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste.
392
	517.07 3rd Registration of securities and furnishing of prospectus required.
393
	590.28(1) 3rd Intentional burning of lands.
394
	784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
395
	787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
396
	806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
397
	810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
398
	810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
399
	812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or more but less than $5,000.
400
	812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.
401
	812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
402
	817.234(1)(a)2. 3rd False statement in support of insurance claim.
403
	817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
404
	817.52(3) 3rd Failure to redeliver hired vehicle.
405
	817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
406
	817.60(5) 3rd Dealing in credit cards of another.
407
	817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
408
	817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
409
	826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
410
	831.01 3rd Forgery.
411
	831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
412
	831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
413
	831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
414
	831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
415
	831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
416
	832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
417
	843.08 3rd Falsely impersonating an officer.
418
	893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs other than cannabis.
419
	893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
420
421	(c)  LEVEL 3
422
	FloridaStatute FelonyDegree Description
423
	119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
424
	316.066 (4)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
425
	316.193(2)(b) 3rd Felony DUI, 3rd conviction.
426
	316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
427
	319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
428
	319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
429
	319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
430
	319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
431
	327.35(2)(b) 3rd Felony BUI.
432
	328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
433
	328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
434
	376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
435
	379.2431(1)(e)5. 3rd Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
436
	379.2431(1)(e)6. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
437
	400.9935(4) 3rd Operating a clinic without a license or filing false license application or other required information.
438
	440.1051(3) 3rd False report of workers' compensation fraud or retaliation for making such a report.
439
	501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
440
	624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
441
	624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
442
	626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
443
	697.08 3rd Equity skimming.
444
	790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
445
	796.05(1) 3rd Live on earnings of a prostitute.
446
	806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
447
	806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
448
	810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
449
	812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
450
	812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
451
	815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
452
	817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
453
	817.233 3rd Burning to defraud insurer.
454
	817.234(8)(b)-(c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
455
	817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
456
	817.236 3rd Filing a false motor vehicle insurance application.
457
	817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
458
	817.413(2) 3rd Sale of used goods as new.
459
	817.505(4) 3rd Patient brokering.
460
	828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
461
	831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
462
	831.29 2nd Possession of instruments for counterfeiting drivers' licenses or identification cards.
463
	838.021(3)(b) 3rd Threatens unlawful harm to public servant.
464
	843.19 3rd Injure, disable, or kill police dog or horse.
465
	860.15(3) 3rd Overcharging for repairs and parts.
466
	870.01(2) 3rd Riot; inciting or encouraging.
467
	893.13(1)(a)2. 3rd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
468
	893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of university.
469
	893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of public housing facility.
470
	893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
471
	893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
472
	893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
473
	893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
474
	893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
475
	893.13(8)(a)1. 3rd Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner's practice.
476
	893.13(8)(a)2. 3rd Employ a trick or scheme in the practitioner's practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
477
	893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
478
	893.13(8)(a)4. 3rd Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
479
	918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
480
	944.47(1)(a)1.-2. 3rd Introduce contraband to correctional facility.
481
	944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
482
	985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
483
484	(e)  LEVEL 5
485
	FloridaStatute FelonyDegree Description
486
	316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
487
	316.1935(4)(a) 2nd Aggravated fleeing or eluding.
488
	322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
489
	327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
490
	381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
491
	440.10(1)(g) 2nd Failure to obtain workers' compensation coverage.
492
	440.105(5) 2nd Unlawful solicitation for the purpose of making workers' compensation claims.
493
	440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers' compensation premiums.
494
	624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
495
	626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
496
	790.01(2) 3rd Carrying a concealed firearm.
497
	790.162 2nd Threat to throw or discharge destructive device.
498
	790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
499
	790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
500
	790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
501
	800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
502
	800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years or older.
503
	806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
504
	812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
505
	812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
506
	812.019(1) 2nd Stolen property; dealing in or trafficking in.
507
	812.131(2)(b) 3rd Robbery by sudden snatching.
508
	812.16(2) 3rd Owning, operating, or conducting a chop shop.
509
	817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
510
	817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
511
	817.2341(1), (2)(a) & (3)(a) 3rd Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
512
	817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more individuals.
513
	817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
514
	825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
515
	827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
516
	827.071(5) 3rd Possess any photographic material, motion picture, etc., which includes sexual conduct by a child.
517
	839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
518
	843.01 3rd Resist officer with violence to person; resist arrest with violence.
519
	847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
520
	847.0137(2) & (3) 3rd Transmission of pornography by electronic device or equipment.
521
	847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
522
	874.05(2) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
523
	893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
524
	893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
525
	893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university.
526
	893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
527
	893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of public housing facility.
528
	893.13(4)(b) 2nd Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
529
	893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
530
531	Section 6.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.