Florida Senate - 2011 CS for SB 794
By the Committee on Criminal Justice; and Senator Diaz de la
Portilla
591-03240-11 2011794c1
1 A bill to be entitled
2 An act relating to controlled substances; amending s.
3 893.13, F.S.; prohibiting specified offenses within
4 1,000 feet of the real property comprising a homeless
5 shelter; defining the term “homeless shelter”;
6 providing criminal penalties; amending s. 921.0022,
7 F.S.; ranking offenses on the offense severity ranking
8 chart of the Criminal Punishment Code; providing an
9 effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Paragraph (i) is added to subsection (1) of
14 section 893.13, Florida Statutes, to read:
15 893.13 Prohibited acts; penalties.—
16 (1)
17 (i) Except as authorized by this chapter, it is unlawful
18 for any person to sell, manufacture, or deliver, or possess with
19 intent to sell, manufacture, or deliver, a controlled substance
20 in, on, or within 1,000 feet of the real property comprising a
21 homeless shelter. As used in this paragraph, the term “homeless
22 shelter” means a supervised publicly or privately operated
23 shelter designed to provide temporary living accommodations for
24 persons who otherwise lack a fixed, regular, and adequate
25 nighttime residence. Any person who violates this paragraph with
26 respect to:
27 1. A controlled substance named or described in s.
28 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
29 commits a felony of the first degree, punishable as provided in
30 s. 775.082, s. 775.083, or s. 775.084.
31 2. A controlled substance named or described in s.
32 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
33 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
34 the second degree, punishable as provided in s. 775.082, s.
35 775.083, or s. 775.084.
36 Section 2. Paragraphs (c) and (e) of subsection (3) of
37 section 921.0022, Florida Statutes, are amended to read
38 921.0022 Criminal Punishment Code; offense severity ranking
39 chart.—
40 (3) OFFENSE SEVERITY RANKING CHART
41 (c) LEVEL 3
42 FloridaStatute FelonyDegree Description
43 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
44 316.066 (4)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
45 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
46 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
47 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
48 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
49 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
50 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
51 327.35(2)(b) 3rd Felony BUI.
52 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
53 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
54 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
55 379.2431 (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.
56 379.2431 (1)(e)6. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
57 400.9935(4) 3rd Operating a clinic without a license or filing false license application or other required information.
58 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
59 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
60 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
61 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
62 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
63 697.08 3rd Equity skimming.
64 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
65 796.05(1) 3rd Live on earnings of a prostitute.
66 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
67 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
68 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
69 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
70 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
71 815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
72 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
73 817.233 3rd Burning to defraud insurer.
74 817.234 (8)(b)-(c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
75 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
76 817.236 3rd Filing a false motor vehicle insurance application.
77 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
78 817.413(2) 3rd Sale of used goods as new.
79 817.505(4) 3rd Patient brokering.
80 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
81 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
82 831.29 2nd Possession of instruments for counterfeiting drivers’ licenses or identification cards.
83 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
84 843.19 3rd Injure, disable, or kill police dog or horse.
85 860.15(3) 3rd Overcharging for repairs and parts.
86 870.01(2) 3rd Riot; inciting or encouraging.
87 893.13(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).
88 893.13(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.
89 893.13(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.
90 893.13(1)(i)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 homeless shelter.
91 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
92 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
93 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
94 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
95 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
96 893.13(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.
97 893.13(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.
98 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
99 893.13(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.
100 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
101 944.47 (1)(a)1.-2. 3rd Introduce contraband to correctional facility.
102 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
103 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
104 (e) LEVEL 5
105 FloridaStatute FelonyDegree Description
106 316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
107 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
108 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
109 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
110 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
111 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
112 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
113 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
114 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
115 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
116 790.01(2) 3rd Carrying a concealed firearm.
117 790.162 2nd Threat to throw or discharge destructive device.
118 790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
119 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
120 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
121 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
122 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years or older.
123 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
124 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
125 812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
126 812.019(1) 2nd Stolen property; dealing in or trafficking in.
127 812.131(2)(b) 3rd Robbery by sudden snatching.
128 812.16(2) 3rd Owning, operating, or conducting a chop shop.
129 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
130 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
131 817.2341(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.
132 817.568(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.
133 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
134 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
135 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
136 827.071(5) 3rd Possess any photographic material, motion picture, etc., which includes sexual conduct by a child.
137 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
138 843.01 3rd Resist officer with violence to person; resist arrest with violence.
139 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
140 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
141 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
142 874.05(2) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
143 893.13(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).
144 893.13(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.
145 893.13(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.
146 893.13(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.
147 893.13(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.
148 893.13(1)(i)1. 1st Sell, manufacture, or deliver s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs within 1,000 feet of homeless shelter.
149 893.13(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).
150 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
151
152 Section 3. This act shall take effect July 1, 2011.