Florida Senate - 2011                                     SB 204
       
       
       
       By Senator Wise
       
       
       
       
       5-00051A-11                                            2011204__
    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
    4         purposes of the Florida Comprehensive Drug Abuse
    5         Prevention and Control Act; amending s. 893.03, F.S.;
    6         including certain hallucinogenic substances on the
    7         list of controlled substances in Schedule I;
    8         reenacting ss. 893.13(1), (2), (4) and (5),
    9         893.135(1)(l), and 921.0022(3)(b), (c), and (e), F.S.,
   10         relating to prohibited acts and penalties regarding
   11         controlled substances and the offense severity chart
   12         of the Criminal Punishment Code, to incorporate the
   13         amendment to s. 893.03, F.S., in references thereto;
   14         providing an effective date.
   15  
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Present subsections (11) through (22) of section
   19  893.02, Florida Statutes, are redesignated as subsections (12)
   20  through (23), respectively, and a new subsection (11) is added
   21  to that section, to read:
   22         893.02 Definitions.—The following words and phrases as used
   23  in this chapter shall have the following meanings, unless the
   24  context otherwise requires:
   25         (11) “Homologue” means a chemical compound in a series in
   26  which each compound differs by one or more alkyl functional
   27  groups on an alkyl side chain.
   28         Section 2. Paragraph (c) of subsection (1) of section
   29  893.03, Florida Statutes, is amended to read:
   30         893.03 Standards and schedules.—The substances enumerated
   31  in this section are controlled by this chapter. The controlled
   32  substances listed or to be listed in Schedules I, II, III, IV,
   33  and V are included by whatever official, common, usual,
   34  chemical, or trade name designated. The provisions of this
   35  section shall not be construed to include within any of the
   36  schedules contained in this section any excluded drugs listed
   37  within the purview of 21 C.F.R. s. 1308.22, styled “Excluded
   38  Substances”; 21 C.F.R. s. 1308.24, styled “Exempt Chemical
   39  Preparations”; 21 C.F.R. s. 1308.32, styled “Exempted
   40  Prescription Products”; or 21 C.F.R. s. 1308.34, styled “Exempt
   41  Anabolic Steroid Products.”
   42         (1) SCHEDULE I.—A substance in Schedule I has a high
   43  potential for abuse and has no currently accepted medical use in
   44  treatment in the United States and in its use under medical
   45  supervision does not meet accepted safety standards. The
   46  following substances are controlled in Schedule I:
   47         (c) Unless specifically excepted or unless listed in
   48  another schedule, any material, compound, mixture, or
   49  preparation which contains any quantity of the following
   50  hallucinogenic substances or which contains any of their salts,
   51  isomers, and salts of isomers, whenever the existence of such
   52  salts, isomers, and salts of isomers is possible within the
   53  specific chemical designation:
   54         1. Alpha-ethyltryptamine.
   55         2. 2-Amino-4-methyl-5-phenyl-2-oxazoline (4
   56  methylaminorex).
   57         3. 2-Amino-5-phenyl-2-oxazoline (Aminorex).
   58         4. 4-Bromo-2,5-dimethoxyamphetamine.
   59         5. 4-Bromo-2, 5-dimethoxyphenethylamine.
   60         6. Bufotenine.
   61         7. Cannabis.
   62         8. Cathinone.
   63         9. Diethyltryptamine.
   64         10. 2,5-Dimethoxyamphetamine.
   65         11. 2,5-Dimethoxy-4-ethylamphetamine (DOET).
   66         12. Dimethyltryptamine.
   67         13. N-Ethyl-1-phenylcyclohexylamine (PCE) (Ethylamine
   68  analog of phencyclidine).
   69         14. N-Ethyl-3-piperidyl benzilate.
   70         15. N-ethylamphetamine.
   71         16. Fenethylline.
   72         17. N-Hydroxy-3,4-methylenedioxyamphetamine.
   73         18. Ibogaine.
   74         19. Lysergic acid diethylamide (LSD).
   75         20. Mescaline.
   76         21. Methcathinone.
   77         22. 5-Methoxy-3,4-methylenedioxyamphetamine.
   78         23. 4-methoxyamphetamine.
   79         24. 4-methoxymethamphetamine.
   80         25. 4-Methyl-2,5-dimethoxyamphetamine.
   81         26. 3,4-Methylenedioxy-N-ethylamphetamine.
   82         27. 3,4-Methylenedioxyamphetamine.
   83         28. N-Methyl-3-piperidyl benzilate.
   84         29. N,N-dimethylamphetamine.
   85         30. Parahexyl.
   86         31. Peyote.
   87         32. N-(1-Phenylcyclohexyl)-pyrrolidine (PCPY) (Pyrrolidine
   88  analog of phencyclidine).
   89         33. Psilocybin.
   90         34. Psilocyn.
   91         35. Salvia divinorum, except for any drug product approved
   92  by the United States Food and Drug Administration which contains
   93  Salvia divinorum or its isomers, esters, ethers, salts, and
   94  salts of isomers, esters, and ethers, whenever the existence of
   95  such isomers, esters, ethers, and salts is possible within the
   96  specific chemical designation.
   97         36. Salvinorin A, except for any drug product approved by
   98  the United States Food and Drug Administration which contains
   99  Salvinorin A or its isomers, esters, ethers, salts, and salts of
  100  isomers, esters, and ethers, whenever the existence of such
  101  isomers, esters, ethers, and salts is possible within the
  102  specific chemical designation.
  103         37. Tetrahydrocannabinols.
  104         38. 1-[1-(2-Thienyl)-cyclohexyl]-piperidine (TCP)
  105  (Thiophene analog of phencyclidine).
  106         39. 3,4,5-Trimethoxyamphetamine.
  107         40. 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2
  108  yl)phenol, also known as CP 47,497 and its dimethyloctyl (C8)
  109  homologue.
  110         41.(6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2
  111  methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo [c]chromen-1-ol,
  112  also known as HU-210.
  113         42. 1-Pentyl-3-(1-naphthoyl)indole, also known as JWH-018.
  114         43. 1-Butyl-3-(1-naphthoyl)indole, also known as JWH-073.
  115         Section 3. For the purpose of incorporating the amendment
  116  made by this act to section 893.03, Florida Statutes, in
  117  references thereto, subsections (1), (2), (4), and (5) of
  118  section 893.13, Florida Statutes, are reenacted to read:
  119         893.13 Prohibited acts; penalties.—
  120         (1)(a) Except as authorized by this chapter and chapter
  121  499, it is unlawful for any person to sell, manufacture, or
  122  deliver, or possess with intent to sell, manufacture, or
  123  deliver, a controlled substance. Any person who violates this
  124  provision with respect to:
  125         1. A controlled substance named or described in s.
  126  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
  127  commits a felony of the second degree, punishable as provided in
  128  s. 775.082, s. 775.083, or s. 775.084.
  129         2. A controlled substance named or described in s.
  130  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  131  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  132  the third degree, punishable as provided in s. 775.082, s.
  133  775.083, or s. 775.084.
  134         3. A controlled substance named or described in s.
  135  893.03(5) commits a misdemeanor of the first degree, punishable
  136  as provided in s. 775.082 or s. 775.083.
  137         (b) Except as provided in this chapter, it is unlawful to
  138  sell or deliver in excess of 10 grams of any substance named or
  139  described in s. 893.03(1)(a) or (1)(b), or any combination
  140  thereof, or any mixture containing any such substance. Any
  141  person who violates this paragraph commits a felony of the first
  142  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  143  775.084.
  144         (c) Except as authorized by this chapter, it is unlawful
  145  for any person to sell, manufacture, or deliver, or possess with
  146  intent to sell, manufacture, or deliver, a controlled substance
  147  in, on, or within 1,000 feet of the real property comprising a
  148  child care facility as defined in s. 402.302 or a public or
  149  private elementary, middle, or secondary school between the
  150  hours of 6 a.m. and 12 midnight, or at any time in, on, or
  151  within 1,000 feet of real property comprising a state, county,
  152  or municipal park, a community center, or a publicly owned
  153  recreational facility. For the purposes of this paragraph, the
  154  term “community center” means a facility operated by a nonprofit
  155  community-based organization for the provision of recreational,
  156  social, or educational services to the public. Any person who
  157  violates this paragraph with respect to:
  158         1. A controlled substance named or described in s.
  159  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
  160  commits a felony of the first degree, punishable as provided in
  161  s. 775.082, s. 775.083, or s. 775.084. The defendant must be
  162  sentenced to a minimum term of imprisonment of 3 calendar years
  163  unless the offense was committed within 1,000 feet of the real
  164  property comprising a child care facility as defined in s.
  165  402.302.
  166         2. A controlled substance named or described in s.
  167  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  168  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  169  the second degree, punishable as provided in s. 775.082, s.
  170  775.083, or s. 775.084.
  171         3. Any other controlled substance, except as lawfully sold,
  172  manufactured, or delivered, must be sentenced to pay a $500 fine
  173  and to serve 100 hours of public service in addition to any
  174  other penalty prescribed by law.
  175  
  176  This paragraph does not apply to a child care facility unless
  177  the owner or operator of the facility posts a sign that is not
  178  less than 2 square feet in size with a word legend identifying
  179  the facility as a licensed child care facility and that is
  180  posted on the property of the child care facility in a
  181  conspicuous place where the sign is reasonably visible to the
  182  public.
  183         (d) Except as authorized by this chapter, it is unlawful
  184  for any person to sell, manufacture, or deliver, or possess with
  185  intent to sell, manufacture, or deliver, a controlled substance
  186  in, on, or within 1,000 feet of the real property comprising a
  187  public or private college, university, or other postsecondary
  188  educational institution. Any person who violates this paragraph
  189  with respect to:
  190         1. A controlled substance named or described in s.
  191  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
  192  commits a felony of the first degree, punishable as provided in
  193  s. 775.082, s. 775.083, or s. 775.084.
  194         2. A controlled substance named or described in s.
  195  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  196  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  197  the second degree, punishable as provided in s. 775.082, s.
  198  775.083, or s. 775.084.
  199         3. Any other controlled substance, except as lawfully sold,
  200  manufactured, or delivered, must be sentenced to pay a $500 fine
  201  and to serve 100 hours of public service in addition to any
  202  other penalty prescribed by law.
  203         (e) Except as authorized by this chapter, it is unlawful
  204  for any person to sell, manufacture, or deliver, or possess with
  205  intent to sell, manufacture, or deliver, a controlled substance
  206  not authorized by law in, on, or within 1,000 feet of a physical
  207  place for worship at which a church or religious organization
  208  regularly conducts religious services or within 1,000 feet of a
  209  convenience business as defined in s. 812.171. Any person who
  210  violates this paragraph with respect to:
  211         1. A controlled substance named or described in s.
  212  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
  213  commits a felony of the first degree, punishable as provided in
  214  s. 775.082, s. 775.083, or s. 775.084.
  215         2. A controlled substance named or described in s.
  216  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  217  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  218  the second degree, punishable as provided in s. 775.082, s.
  219  775.083, or s. 775.084.
  220         3. Any other controlled substance, except as lawfully sold,
  221  manufactured, or delivered, must be sentenced to pay a $500 fine
  222  and to serve 100 hours of public service in addition to any
  223  other penalty prescribed by law.
  224         (f) Except as authorized by this chapter, it is unlawful
  225  for any person to sell, manufacture, or deliver, or possess with
  226  intent to sell, manufacture, or deliver, a controlled substance
  227  in, on, or within 1,000 feet of the real property comprising a
  228  public housing facility at any time. For purposes of this
  229  section, the term “real property comprising a public housing
  230  facility” means real property, as defined in s. 421.03(12), of a
  231  public corporation created as a housing authority pursuant to
  232  part I of chapter 421. Any person who violates this paragraph
  233  with respect to:
  234         1. A controlled substance named or described in s.
  235  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
  236  commits a felony of the first degree, punishable as provided in
  237  s. 775.082, s. 775.083, or s. 775.084.
  238         2. A controlled substance named or described in s.
  239  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  240  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  241  the second degree, punishable as provided in s. 775.082, s.
  242  775.083, or s. 775.084.
  243         3. Any other controlled substance, except as lawfully sold,
  244  manufactured, or delivered, must be sentenced to pay a $500 fine
  245  and to serve 100 hours of public service in addition to any
  246  other penalty prescribed by law.
  247         (g) Except as authorized by this chapter, it is unlawful
  248  for any person to manufacture methamphetamine or phencyclidine,
  249  or possess any listed chemical as defined in s. 893.033 in
  250  violation of s. 893.149 and with intent to manufacture
  251  methamphetamine or phencyclidine. If any person violates this
  252  paragraph and:
  253         1. The commission or attempted commission of the crime
  254  occurs in a structure or conveyance where any child under 16
  255  years of age is present, the person commits a felony of the
  256  first degree, punishable as provided in s. 775.082, s. 775.083,
  257  or s. 775.084. In addition, the defendant must be sentenced to a
  258  minimum term of imprisonment of 5 calendar years.
  259         2. The commission of the crime causes any child under 16
  260  years of age to suffer great bodily harm, the person commits a
  261  felony of the first degree, punishable as provided in s.
  262  775.082, s. 775.083, or s. 775.084. In addition, the defendant
  263  must be sentenced to a minimum term of imprisonment of 10
  264  calendar years.
  265         (h) Except as authorized by this chapter, it is unlawful
  266  for any person to sell, manufacture, or deliver, or possess with
  267  intent to sell, manufacture, or deliver, a controlled substance
  268  in, on, or within 1,000 feet of the real property comprising an
  269  assisted living facility, as that term is used in chapter 429.
  270  Any person who violates this paragraph with respect to:
  271         1. A controlled substance named or described in s.
  272  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
  273  commits a felony of the first degree, punishable as provided in
  274  s. 775.082, s. 775.083, or s. 775.084.
  275         2. A controlled substance named or described in s.
  276  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  277  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  278  the second degree, punishable as provided in s. 775.082, s.
  279  775.083, or s. 775.084.
  280         (2)(a) Except as authorized by this chapter and chapter
  281  499, it is unlawful for any person to purchase, or possess with
  282  intent to purchase, a controlled substance. Any person who
  283  violates this provision with respect to:
  284         1. A controlled substance named or described in s.
  285  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
  286  commits a felony of the second degree, punishable as provided in
  287  s. 775.082, s. 775.083, or s. 775.084.
  288         2. A controlled substance named or described in s.
  289  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  290  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  291  the third degree, punishable as provided in s. 775.082, s.
  292  775.083, or s. 775.084.
  293         3. A controlled substance named or described in s.
  294  893.03(5) commits a misdemeanor of the first degree, punishable
  295  as provided in s. 775.082 or s. 775.083.
  296         (b) Except as provided in this chapter, it is unlawful to
  297  purchase in excess of 10 grams of any substance named or
  298  described in s. 893.03(1)(a) or (1)(b), or any combination
  299  thereof, or any mixture containing any such substance. Any
  300  person who violates this paragraph commits a felony of the first
  301  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  302  775.084.
  303         (4) Except as authorized by this chapter, it is unlawful
  304  for any person 18 years of age or older to deliver any
  305  controlled substance to a person under the age of 18 years, or
  306  to use or hire a person under the age of 18 years as an agent or
  307  employee in the sale or delivery of such a substance, or to use
  308  such person to assist in avoiding detection or apprehension for
  309  a violation of this chapter. Any person who violates this
  310  provision with respect to:
  311         (a) A controlled substance named or described in s.
  312  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
  313  commits a felony of the first degree, punishable as provided in
  314  s. 775.082, s. 775.083, or s. 775.084.
  315         (b) A controlled substance named or described in s.
  316  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  317  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  318  the second degree, punishable as provided in s. 775.082, s.
  319  775.083, or s. 775.084.
  320  
  321  Imposition of sentence may not be suspended or deferred, nor
  322  shall the person so convicted be placed on probation.
  323         (5) It is unlawful for any person to bring into this state
  324  any controlled substance unless the possession of such
  325  controlled substance is authorized by this chapter or unless
  326  such person is licensed to do so by the appropriate federal
  327  agency. Any person who violates this provision with respect to:
  328         (a) A controlled substance named or described in s.
  329  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
  330  commits a felony of the second degree, punishable as provided in
  331  s. 775.082, s. 775.083, or s. 775.084.
  332         (b) A controlled substance named or described in s.
  333  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  334  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  335  the third degree, punishable as provided in s. 775.082, s.
  336  775.083, or s. 775.084.
  337         (c) A controlled substance named or described in s.
  338  893.03(5) commits a misdemeanor of the first degree, punishable
  339  as provided in s. 775.082 or s. 775.083.
  340         Section 4. For the purpose of incorporating the amendment
  341  made by this act to section 893.03, Florida Statutes, in
  342  references thereto, paragraph (l) of subsection (1) of section
  343  893.135, Florida Statutes, is reenacted to read:
  344         893.135 Trafficking; mandatory sentences; suspension or
  345  reduction of sentences; conspiracy to engage in trafficking.—
  346         (1) Except as authorized in this chapter or in chapter 499
  347  and notwithstanding the provisions of s. 893.13:
  348         (l)1. Any person who knowingly sells, purchases,
  349  manufactures, delivers, or brings into this state, or who is
  350  knowingly in actual or constructive possession of, 1 gram or
  351  more of lysergic acid diethylamide (LSD) as described in s.
  352  893.03(1)(c), or of any mixture containing lysergic acid
  353  diethylamide (LSD), commits a felony of the first degree, which
  354  felony shall be known as “trafficking in lysergic acid
  355  diethylamide (LSD),” punishable as provided in s. 775.082, s.
  356  775.083, or s. 775.084. If the quantity involved:
  357         a. Is 1 gram or more, but less than 5 grams, such person
  358  shall be sentenced to a mandatory minimum term of imprisonment
  359  of 3 years, and the defendant shall be ordered to pay a fine of
  360  $50,000.
  361         b. Is 5 grams or more, but less than 7 grams, such person
  362  shall be sentenced to a mandatory minimum term of imprisonment
  363  of 7 years, and the defendant shall be ordered to pay a fine of
  364  $100,000.
  365         c. Is 7 grams or more, such person shall be sentenced to a
  366  mandatory minimum term of imprisonment of 15 calendar years and
  367  pay a fine of $500,000.
  368         2. Any person who knowingly manufactures or brings into
  369  this state 7 grams or more of lysergic acid diethylamide (LSD)
  370  as described in s. 893.03(1)(c), or any mixture containing
  371  lysergic acid diethylamide (LSD), and who knows that the
  372  probable result of such manufacture or importation would be the
  373  death of any person commits capital manufacture or importation
  374  of lysergic acid diethylamide (LSD), a capital felony punishable
  375  as provided in ss. 775.082 and 921.142. Any person sentenced for
  376  a capital felony under this paragraph shall also be sentenced to
  377  pay the maximum fine provided under subparagraph 1.
  378         Section 5. For the purpose of incorporating the amendment
  379  made by this act to section 893.03, Florida Statutes, in
  380  references thereto, paragraphs (b), (c), and (e) of subsection
  381  (3) of section 921.0022, Florida Statutes, are reenacted to
  382  read:
  383         921.0022 Criminal Punishment Code; offense severity ranking
  384  chart.—
  385         (3) OFFENSE SEVERITY RANKING CHART
  386         (b) LEVEL 2
  387  FloridaStatute   FelonyDegree                Description                 
  388  379.2431 (1)(e)3.  3rd   Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
  389  379.2431 (1)(e)4.  3rd   Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
  390  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.
  391  517.07             3rd   Registration of securities and furnishing of prospectus required.
  392  590.28(1)          3rd   Intentional burning of lands.               
  393  784.05(3)          3rd   Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
  394  787.04(1)          3rd   In violation of court order, take, entice, etc., minor beyond state limits.
  395  806.13(1)(b)3.     3rd   Criminal mischief; damage $1,000 or more to public communication or any other public service.
  396  810.061(2)         3rd   Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
  397  810.09(2)(e)       3rd   Trespassing on posted commercial horticulture property.
  398  812.014(2)(c)1.    3rd   Grand theft, 3rd degree; $300 or more but less than $5,000.
  399  812.014(2)(d)      3rd   Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.
  400  812.015(7)         3rd   Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
  401  817.234(1)(a)2.    3rd   False statement in support of insurance claim.
  402  817.481(3)(a)      3rd   Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
  403  817.52(3)          3rd   Failure to redeliver hired vehicle.         
  404  817.54             3rd   With intent to defraud, obtain mortgage note, etc., by false representation.
  405  817.60(5)          3rd   Dealing in credit cards of another.         
  406  817.60(6)(a)       3rd   Forgery; purchase goods, services with false card.
  407  817.61             3rd   Fraudulent use of credit cards over $100 or more within 6 months.
  408  826.04             3rd   Knowingly marries or has sexual intercourse with person to whom related.
  409  831.01             3rd   Forgery.                                    
  410  831.02             3rd   Uttering forged instrument; utters or publishes alteration with intent to defraud.
  411  831.07             3rd   Forging bank bills, checks, drafts, or promissory notes.
  412  831.08             3rd   Possessing 10 or more forged notes, bills, checks, or drafts.
  413  831.09             3rd   Uttering forged notes, bills, checks, drafts, or promissory notes.
  414  831.11             3rd   Bringing into the state forged bank bills, checks, drafts, or notes.
  415  832.05(3)(a)       3rd   Cashing or depositing item with intent to defraud.
  416  843.08             3rd   Falsely impersonating an officer.           
  417  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.
  418  893.147(2)         3rd   Manufacture or delivery of drug paraphernalia.
  419         (c) LEVEL 3
  420  FloridaStatute   FelonyDegree                Description                 
  421  119.10(2)(b)       3rd   Unlawful use of confidential information from police reports.
  422  316.066 (4)(b)-(d)  3rd   Unlawfully obtaining or using confidential crash reports.
  423  316.193(2)(b)      3rd   Felony DUI, 3rd conviction.                 
  424  316.1935(2)        3rd   Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
  425  319.30(4)          3rd   Possession by junkyard of motor vehicle with identification number plate removed.
  426  319.33(1)(a)       3rd   Alter or forge any certificate of title to a motor vehicle or mobile home.
  427  319.33(1)(c)       3rd   Procure or pass title on stolen vehicle.    
  428  319.33(4)          3rd   With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
  429  327.35(2)(b)       3rd   Felony BUI.                                 
  430  328.05(2)          3rd   Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
  431  328.07(4)          3rd   Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
  432  376.302(5)         3rd   Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
  433  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.
  434  379.2431 (1)(e)6.  3rd   Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
  435  400.9935(4)        3rd   Operating a clinic without a license or filing false license application or other required information.
  436  440.1051(3)        3rd   False report of workers’ compensation fraud or retaliation for making such a report.
  437  501.001(2)(b)      2nd   Tampers with a consumer product or the container using materially false/misleading information.
  438  624.401(4)(a)      3rd   Transacting insurance without a certificate of authority.
  439  624.401(4)(b)1.    3rd   Transacting insurance without a certificate of authority; premium collected less than $20,000.
  440  626.902(1)(a) & (b)  3rd   Representing an unauthorized insurer.       
  441  697.08             3rd   Equity skimming.                            
  442  790.15(3)          3rd   Person directs another to discharge firearm from a vehicle.
  443  796.05(1)          3rd   Live on earnings of a prostitute.           
  444  806.10(1)          3rd   Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
  445  806.10(2)          3rd   Interferes with or assaults firefighter in performance of duty.
  446  810.09(2)(c)       3rd   Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
  447  812.014(2)(c)2.    3rd   Grand theft; $5,000 or more but less than $10,000.
  448  812.0145(2)(c)     3rd   Theft from person 65 years of age or older; $300 or more but less than $10,000.
  449  815.04(4)(b)       2nd   Computer offense devised to defraud or obtain property.
  450  817.034(4)(a)3.    3rd   Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
  451  817.233            3rd   Burning to defraud insurer.                 
  452  817.234 (8)(b)-(c)  3rd   Unlawful solicitation of persons involved in motor vehicle accidents.
  453  817.234(11)(a)     3rd   Insurance fraud; property value less than $20,000.
  454  817.236            3rd   Filing a false motor vehicle insurance application.
  455  817.2361           3rd   Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
  456  817.413(2)         3rd   Sale of used goods as new.                  
  457  817.505(4)         3rd   Patient brokering.                          
  458  828.12(2)          3rd   Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
  459  831.28(2)(a)       3rd   Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
  460  831.29             2nd   Possession of instruments for counterfeiting drivers’ licenses or identification cards.
  461  838.021(3)(b)      3rd   Threatens unlawful harm to public servant.  
  462  843.19             3rd   Injure, disable, or kill police dog or horse.
  463  860.15(3)          3rd   Overcharging for repairs and parts.         
  464  870.01(2)          3rd   Riot; inciting or encouraging.              
  465  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).
  466  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.
  467  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.
  468  893.13(6)(a)       3rd   Possession of any controlled substance other than felony possession of cannabis.
  469  893.13(7)(a)8.     3rd   Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
  470  893.13(7)(a)9.     3rd   Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
  471  893.13(7)(a)10.    3rd   Affix false or forged label to package of controlled substance.
  472  893.13(7)(a)11.    3rd   Furnish false or fraudulent material information on any document or record required by chapter 893.
  473  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.
  474  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.
  475  893.13(8)(a)3.     3rd   Knowingly write a prescription for a controlled substance for a fictitious person.
  476  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.
  477  918.13(1)(a)       3rd   Alter, destroy, or conceal investigation evidence.
  478  944.47 (1)(a)1.-2.  3rd   Introduce contraband to correctional facility.
  479  944.47(1)(c)       2nd   Possess contraband while upon the grounds of a correctional institution.
  480  985.721            3rd   Escapes from a juvenile facility (secure detention or residential commitment facility).
  481         (e) LEVEL 5
  482  FloridaStatute   FelonyDegree                Description                 
  483  316.027(1)(a)      3rd   Accidents involving personal injuries, failure to stop; leaving scene.
  484  316.1935(4)(a)     2nd   Aggravated fleeing or eluding.              
  485  322.34(6)          3rd   Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
  486  327.30(5)          3rd   Vessel accidents involving personal injury; leaving scene.
  487  381.0041(11)(b)    3rd   Donate blood, plasma, or organs knowing HIV positive.
  488  440.10(1)(g)       2nd   Failure to obtain workers’ compensation coverage.
  489  440.105(5)         2nd   Unlawful solicitation for the purpose of making workers’ compensation claims.
  490  440.381(2)         2nd   Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
  491  624.401(4)(b)2.    2nd   Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
  492  626.902(1)(c)      2nd   Representing an unauthorized insurer; repeat offender.
  493  790.01(2)          3rd   Carrying a concealed firearm.               
  494  790.162            2nd   Threat to throw or discharge destructive device.
  495  790.163(1)         2nd   False report of deadly explosive or weapon of mass destruction.
  496  790.221(1)         2nd   Possession of short-barreled shotgun or machine gun.
  497  790.23             2nd   Felons in possession of firearms, ammunition, or electronic weapons or devices.
  498  800.04(6)(c)       3rd   Lewd or lascivious conduct; offender less than 18 years.
  499  800.04(7)(b)       2nd   Lewd or lascivious exhibition; offender 18 years or older.
  500  806.111(1)         3rd   Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
  501  812.0145(2)(b)     2nd   Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
  502  812.015(8)         3rd   Retail theft; property stolen is valued at $300 or more and one or more specified acts.
  503  812.019(1)         2nd   Stolen property; dealing in or trafficking in.
  504  812.131(2)(b)      3rd   Robbery by sudden snatching.                
  505  812.16(2)          3rd   Owning, operating, or conducting a chop shop.
  506  817.034(4)(a)2.    2nd   Communications fraud, value $20,000 to $50,000.
  507  817.234(11)(b)     2nd   Insurance fraud; property value $20,000 or more but less than $100,000.
  508  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.
  509  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.
  510  817.625(2)(b)      2nd   Second or subsequent fraudulent use of scanning device or reencoder.
  511  825.1025(4)        3rd   Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
  512  827.071(4)         2nd   Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
  513  827.071(5)         3rd   Possess any photographic material, motion picture, etc., which includes sexual conduct by a child.
  514  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.
  515  843.01             3rd   Resist officer with violence to person; resist arrest with violence.
  516  847.0135(5)(b)     2nd   Lewd or lascivious exhibition using computer; offender 18 years or older.
  517  847.0137 (2) & (3)  3rd   Transmission of pornography by electronic device or equipment.
  518  847.0138 (2) & (3)  3rd   Transmission of material harmful to minors to a minor by electronic device or equipment.
  519  874.05(2)          2nd   Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
  520  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).
  521  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.
  522  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.
  523  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.
  524  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.
  525  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).
  526  893.1351(1)        3rd   Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
  527         Section 6. This act shall take effect July 1, 2011.