Florida Senate - 2011 CS for SB 1886
By the Committee on Budget; and Senator Wise
576-05136-11 20111886c1
1 A bill to be entitled
2 An act relating to controlled substances; amending s.
3 893.03, F.S.; including certain hallucinogenic
4 substances on the list of controlled substances in
5 Schedule I; reenacting ss. 893.13(1), (2), (4), and
6 (5), 893.135(1)(l), and 921.0022(3)(b), (c), and (e),
7 F.S., relating to prohibited acts and penalties
8 regarding controlled substances and the offense
9 severity chart of the Criminal Punishment Code, to
10 incorporate the amendment to s. 893.03, F.S., in
11 references thereto; providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Paragraph (c) of subsection (1) of section
16 893.03, Florida Statutes, is amended to read:
17 893.03 Standards and schedules.—The substances enumerated
18 in this section are controlled by this chapter. The controlled
19 substances listed or to be listed in Schedules I, II, III, IV,
20 and V are included by whatever official, common, usual,
21 chemical, or trade name designated. The provisions of this
22 section shall not be construed to include within any of the
23 schedules contained in this section any excluded drugs listed
24 within the purview of 21 C.F.R. s. 1308.22, styled “Excluded
25 Substances”; 21 C.F.R. s. 1308.24, styled “Exempt Chemical
26 Preparations”; 21 C.F.R. s. 1308.32, styled “Exempted
27 Prescription Products”; or 21 C.F.R. s. 1308.34, styled “Exempt
28 Anabolic Steroid Products.”
29 (1) SCHEDULE I.—A substance in Schedule I has a high
30 potential for abuse and has no currently accepted medical use in
31 treatment in the United States and in its use under medical
32 supervision does not meet accepted safety standards. The
33 following substances are controlled in Schedule I:
34 (c) Unless specifically excepted or unless listed in
35 another schedule, any material, compound, mixture, or
36 preparation which contains any quantity of the following
37 hallucinogenic substances or which contains any of their salts,
38 isomers, and salts of isomers, whenever the existence of such
39 salts, isomers, and salts of isomers is possible within the
40 specific chemical designation:
41 1. Alpha-ethyltryptamine.
42 2. 2-Amino-4-methyl-5-phenyl-2-oxazoline (4
43 methylaminorex).
44 3. 2-Amino-5-phenyl-2-oxazoline (Aminorex).
45 4. 4-Bromo-2,5-dimethoxyamphetamine.
46 5. 4-Bromo-2, 5-dimethoxyphenethylamine.
47 6. Bufotenine.
48 7. Cannabis.
49 8. Cathinone.
50 9. Diethyltryptamine.
51 10. 2,5-Dimethoxyamphetamine.
52 11. 2,5-Dimethoxy-4-ethylamphetamine (DOET).
53 12. Dimethyltryptamine.
54 13. N-Ethyl-1-phenylcyclohexylamine (PCE) (Ethylamine
55 analog of phencyclidine).
56 14. N-Ethyl-3-piperidyl benzilate.
57 15. N-ethylamphetamine.
58 16. Fenethylline.
59 17. N-Hydroxy-3,4-methylenedioxyamphetamine.
60 18. Ibogaine.
61 19. Lysergic acid diethylamide (LSD).
62 20. Mescaline.
63 21. Methcathinone.
64 22. 5-Methoxy-3,4-methylenedioxyamphetamine.
65 23. 4-methoxyamphetamine.
66 24. 4-methoxymethamphetamine.
67 25. 4-Methyl-2,5-dimethoxyamphetamine.
68 26. 3,4-Methylenedioxy-N-ethylamphetamine.
69 27. 3,4-Methylenedioxyamphetamine.
70 28. N-Methyl-3-piperidyl benzilate.
71 29. N,N-dimethylamphetamine.
72 30. Parahexyl.
73 31. Peyote.
74 32. N-(1-Phenylcyclohexyl)-pyrrolidine (PCPY) (Pyrrolidine
75 analog of phencyclidine).
76 33. Psilocybin.
77 34. Psilocyn.
78 35. Salvia divinorum, except for any drug product approved
79 by the United States Food and Drug Administration which contains
80 Salvia divinorum or its isomers, esters, ethers, salts, and
81 salts of isomers, esters, and ethers, whenever the existence of
82 such isomers, esters, ethers, and salts is possible within the
83 specific chemical designation.
84 36. Salvinorin A, except for any drug product approved by
85 the United States Food and Drug Administration which contains
86 Salvinorin A or its isomers, esters, ethers, salts, and salts of
87 isomers, esters, and ethers, whenever the existence of such
88 isomers, esters, ethers, and salts is possible within the
89 specific chemical designation.
90 37. Tetrahydrocannabinols.
91 38. 1-[1-(2-Thienyl)-cyclohexyl]-piperidine (TCP)
92 (Thiophene analog of phencyclidine).
93 39. 3,4,5-Trimethoxyamphetamine.
94 40. 3,4-Methylenedioxymethcathinone.
95 41. 3,4-Methylenedioxypyrovalerone (MDPV).
96 42. Methylmethcathinone.
97 43. Methoxymethcathinone.
98 44. Fluoromethcathinone.
99 45. Methylethcathinone.
100 Section 2. For the purpose of incorporating the amendment
101 made by this act to section 893.03, Florida Statutes, in
102 references thereto, subsections (1), (2), (4), and (5) of
103 section 893.13, Florida Statutes, are reenacted to read:
104 893.13 Prohibited acts; penalties.—
105 (1)(a) Except as authorized by this chapter and chapter
106 499, it is unlawful for any person to sell, manufacture, or
107 deliver, or possess with intent to sell, manufacture, or
108 deliver, a controlled substance. Any person who violates this
109 provision with respect to:
110 1. A controlled substance named or described in s.
111 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
112 commits a felony of the second degree, punishable as provided in
113 s. 775.082, s. 775.083, or s. 775.084.
114 2. A controlled substance named or described in s.
115 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
116 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
117 the third degree, punishable as provided in s. 775.082, s.
118 775.083, or s. 775.084.
119 3. A controlled substance named or described in s.
120 893.03(5) commits a misdemeanor of the first degree, punishable
121 as provided in s. 775.082 or s. 775.083.
122 (b) Except as provided in this chapter, it is unlawful to
123 sell or deliver in excess of 10 grams of any substance named or
124 described in s. 893.03(1)(a) or (1)(b), or any combination
125 thereof, or any mixture containing any such substance. Any
126 person who violates this paragraph commits a felony of the first
127 degree, punishable as provided in s. 775.082, s. 775.083, or s.
128 775.084.
129 (c) Except as authorized by this chapter, it is unlawful
130 for any person to sell, manufacture, or deliver, or possess with
131 intent to sell, manufacture, or deliver, a controlled substance
132 in, on, or within 1,000 feet of the real property comprising a
133 child care facility as defined in s. 402.302 or a public or
134 private elementary, middle, or secondary school between the
135 hours of 6 a.m. and 12 midnight, or at any time in, on, or
136 within 1,000 feet of real property comprising a state, county,
137 or municipal park, a community center, or a publicly owned
138 recreational facility. For the purposes of this paragraph, the
139 term “community center” means a facility operated by a nonprofit
140 community-based organization for the provision of recreational,
141 social, or educational services to the public. Any person who
142 violates this paragraph with respect to:
143 1. A controlled substance named or described in s.
144 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
145 commits a felony of the first degree, punishable as provided in
146 s. 775.082, s. 775.083, or s. 775.084. The defendant must be
147 sentenced to a minimum term of imprisonment of 3 calendar years
148 unless the offense was committed within 1,000 feet of the real
149 property comprising a child care facility as defined in s.
150 402.302.
151 2. A controlled substance named or described in s.
152 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
153 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
154 the second degree, punishable as provided in s. 775.082, s.
155 775.083, or s. 775.084.
156 3. Any other controlled substance, except as lawfully sold,
157 manufactured, or delivered, must be sentenced to pay a $500 fine
158 and to serve 100 hours of public service in addition to any
159 other penalty prescribed by law.
160
161 This paragraph does not apply to a child care facility unless
162 the owner or operator of the facility posts a sign that is not
163 less than 2 square feet in size with a word legend identifying
164 the facility as a licensed child care facility and that is
165 posted on the property of the child care facility in a
166 conspicuous place where the sign is reasonably visible to the
167 public.
168 (d) Except as authorized by this chapter, it is unlawful
169 for any person to sell, manufacture, or deliver, or possess with
170 intent to sell, manufacture, or deliver, a controlled substance
171 in, on, or within 1,000 feet of the real property comprising a
172 public or private college, university, or other postsecondary
173 educational institution. Any person who violates this paragraph
174 with respect to:
175 1. A controlled substance named or described in s.
176 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
177 commits a felony of the first degree, punishable as provided in
178 s. 775.082, s. 775.083, or s. 775.084.
179 2. A controlled substance named or described in s.
180 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
181 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
182 the second degree, punishable as provided in s. 775.082, s.
183 775.083, or s. 775.084.
184 3. Any other controlled substance, except as lawfully sold,
185 manufactured, or delivered, must be sentenced to pay a $500 fine
186 and to serve 100 hours of public service in addition to any
187 other penalty prescribed by law.
188 (e) Except as authorized by this chapter, it is unlawful
189 for any person to sell, manufacture, or deliver, or possess with
190 intent to sell, manufacture, or deliver, a controlled substance
191 not authorized by law in, on, or within 1,000 feet of a physical
192 place for worship at which a church or religious organization
193 regularly conducts religious services or within 1,000 feet of a
194 convenience business as defined in s. 812.171. Any person who
195 violates this paragraph with respect to:
196 1. A controlled substance named or described in s.
197 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
198 commits a felony of the first degree, punishable as provided in
199 s. 775.082, s. 775.083, or s. 775.084.
200 2. A controlled substance named or described in s.
201 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
202 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
203 the second degree, punishable as provided in s. 775.082, s.
204 775.083, or s. 775.084.
205 3. Any other controlled substance, except as lawfully sold,
206 manufactured, or delivered, must be sentenced to pay a $500 fine
207 and to serve 100 hours of public service in addition to any
208 other penalty prescribed by law.
209 (f) Except as authorized by this chapter, it is unlawful
210 for any person to sell, manufacture, or deliver, or possess with
211 intent to sell, manufacture, or deliver, a controlled substance
212 in, on, or within 1,000 feet of the real property comprising a
213 public housing facility at any time. For purposes of this
214 section, the term “real property comprising a public housing
215 facility” means real property, as defined in s. 421.03(12), of a
216 public corporation created as a housing authority pursuant to
217 part I of chapter 421. Any person who violates this paragraph
218 with respect to:
219 1. A controlled substance named or described in s.
220 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
221 commits a felony of the first degree, punishable as provided in
222 s. 775.082, s. 775.083, or s. 775.084.
223 2. A controlled substance named or described in s.
224 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
225 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
226 the second degree, punishable as provided in s. 775.082, s.
227 775.083, or s. 775.084.
228 3. Any other controlled substance, except as lawfully sold,
229 manufactured, or delivered, must be sentenced to pay a $500 fine
230 and to serve 100 hours of public service in addition to any
231 other penalty prescribed by law.
232 (g) Except as authorized by this chapter, it is unlawful
233 for any person to manufacture methamphetamine or phencyclidine,
234 or possess any listed chemical as defined in s. 893.033 in
235 violation of s. 893.149 and with intent to manufacture
236 methamphetamine or phencyclidine. If any person violates this
237 paragraph and:
238 1. The commission or attempted commission of the crime
239 occurs in a structure or conveyance where any child under 16
240 years of age is present, the person commits a felony of the
241 first degree, punishable as provided in s. 775.082, s. 775.083,
242 or s. 775.084. In addition, the defendant must be sentenced to a
243 minimum term of imprisonment of 5 calendar years.
244 2. The commission of the crime causes any child under 16
245 years of age to suffer great bodily harm, the person commits a
246 felony of the first degree, punishable as provided in s.
247 775.082, s. 775.083, or s. 775.084. In addition, the defendant
248 must be sentenced to a minimum term of imprisonment of 10
249 calendar years.
250 (h) Except as authorized by this chapter, it is unlawful
251 for any person to sell, manufacture, or deliver, or possess with
252 intent to sell, manufacture, or deliver, a controlled substance
253 in, on, or within 1,000 feet of the real property comprising an
254 assisted living facility, as that term is used in chapter 429.
255 Any person who violates this paragraph with respect to:
256 1. A controlled substance named or described in s.
257 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
258 commits a felony of the first degree, punishable as provided in
259 s. 775.082, s. 775.083, or s. 775.084.
260 2. A controlled substance named or described in s.
261 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
262 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
263 the second degree, punishable as provided in s. 775.082, s.
264 775.083, or s. 775.084.
265 (2)(a) Except as authorized by this chapter and chapter
266 499, it is unlawful for any person to purchase, or possess with
267 intent to purchase, a controlled substance. Any person who
268 violates this provision with respect to:
269 1. A controlled substance named or described in s.
270 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
271 commits a felony of the second degree, punishable as provided in
272 s. 775.082, s. 775.083, or s. 775.084.
273 2. A controlled substance named or described in s.
274 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
275 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
276 the third degree, punishable as provided in s. 775.082, s.
277 775.083, or s. 775.084.
278 3. A controlled substance named or described in s.
279 893.03(5) commits a misdemeanor of the first degree, punishable
280 as provided in s. 775.082 or s. 775.083.
281 (b) Except as provided in this chapter, it is unlawful to
282 purchase in excess of 10 grams of any substance named or
283 described in s. 893.03(1)(a) or (1)(b), or any combination
284 thereof, or any mixture containing any such substance. Any
285 person who violates this paragraph commits a felony of the first
286 degree, punishable as provided in s. 775.082, s. 775.083, or s.
287 775.084.
288 (4) Except as authorized by this chapter, it is unlawful
289 for any person 18 years of age or older to deliver any
290 controlled substance to a person under the age of 18 years, or
291 to use or hire a person under the age of 18 years as an agent or
292 employee in the sale or delivery of such a substance, or to use
293 such person to assist in avoiding detection or apprehension for
294 a violation of this chapter. Any person who violates this
295 provision with respect to:
296 (a) A controlled substance named or described in s.
297 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
298 commits a felony of the first degree, punishable as provided in
299 s. 775.082, s. 775.083, or s. 775.084.
300 (b) A controlled substance named or described in s.
301 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
302 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
303 the second degree, punishable as provided in s. 775.082, s.
304 775.083, or s. 775.084.
305
306 Imposition of sentence may not be suspended or deferred, nor
307 shall the person so convicted be placed on probation.
308 (5) It is unlawful for any person to bring into this state
309 any controlled substance unless the possession of such
310 controlled substance is authorized by this chapter or unless
311 such person is licensed to do so by the appropriate federal
312 agency. Any person who violates this provision with respect to:
313 (a) A controlled substance named or described in s.
314 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
315 commits a felony of the second degree, punishable as provided in
316 s. 775.082, s. 775.083, or s. 775.084.
317 (b) A controlled substance named or described in s.
318 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
319 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
320 the third degree, punishable as provided in s. 775.082, s.
321 775.083, or s. 775.084.
322 (c) A controlled substance named or described in s.
323 893.03(5) commits a misdemeanor of the first degree, punishable
324 as provided in s. 775.082 or s. 775.083.
325 Section 3. For the purpose of incorporating the amendment
326 made by this act to section 893.03, Florida Statutes, in
327 references thereto, paragraph (l) of subsection (1) of section
328 893.135, Florida Statutes, is reenacted to read:
329 893.135 Trafficking; mandatory sentences; suspension or
330 reduction of sentences; conspiracy to engage in trafficking.—
331 (1) Except as authorized in this chapter or in chapter 499
332 and notwithstanding the provisions of s. 893.13:
333 (l)1. Any person who knowingly sells, purchases,
334 manufactures, delivers, or brings into this state, or who is
335 knowingly in actual or constructive possession of, 1 gram or
336 more of lysergic acid diethylamide (LSD) as described in s.
337 893.03(1)(c), or of any mixture containing lysergic acid
338 diethylamide (LSD), commits a felony of the first degree, which
339 felony shall be known as “trafficking in lysergic acid
340 diethylamide (LSD),” punishable as provided in s. 775.082, s.
341 775.083, or s. 775.084. If the quantity involved:
342 a. Is 1 gram or more, but less than 5 grams, such person
343 shall be sentenced to a mandatory minimum term of imprisonment
344 of 3 years, and the defendant shall be ordered to pay a fine of
345 $50,000.
346 b. Is 5 grams or more, but less than 7 grams, such person
347 shall be sentenced to a mandatory minimum term of imprisonment
348 of 7 years, and the defendant shall be ordered to pay a fine of
349 $100,000.
350 c. Is 7 grams or more, such person shall be sentenced to a
351 mandatory minimum term of imprisonment of 15 calendar years and
352 pay a fine of $500,000.
353 2. Any person who knowingly manufactures or brings into
354 this state 7 grams or more of lysergic acid diethylamide (LSD)
355 as described in s. 893.03(1)(c), or any mixture containing
356 lysergic acid diethylamide (LSD), and who knows that the
357 probable result of such manufacture or importation would be the
358 death of any person commits capital manufacture or importation
359 of lysergic acid diethylamide (LSD), a capital felony punishable
360 as provided in ss. 775.082 and 921.142. Any person sentenced for
361 a capital felony under this paragraph shall also be sentenced to
362 pay the maximum fine provided under subparagraph 1.
363 Section 4. For the purpose of incorporating the amendment
364 made by this act to section 893.03, Florida Statutes, in
365 references thereto, paragraphs (b), (c), and (e) of subsection
366 (3) of section 921.0022, Florida Statutes, are reenacted to
367 read:
368 921.0022 Criminal Punishment Code; offense severity ranking
369 chart.—
370 (3) OFFENSE SEVERITY RANKING CHART
371 (b) LEVEL 2
372 FloridaStatute FelonyDegree Description
373 379.2431 (1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
374 379.2431 (1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
375 403.413(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.
376 517.07 3rd Registration of securities and furnishing of prospectus required.
377 590.28(1) 3rd Intentional burning of lands.
378 784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
379 787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
380 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
381 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
382 810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
383 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or more but less than $5,000.
384 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.
385 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
386 817.234(1)(a)2. 3rd False statement in support of insurance claim.
387 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
388 817.52(3) 3rd Failure to redeliver hired vehicle.
389 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
390 817.60(5) 3rd Dealing in credit cards of another.
391 817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
392 817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
393 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
394 831.01 3rd Forgery.
395 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
396 831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
397 831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
398 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
399 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
400 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
401 843.08 3rd Falsely impersonating an officer.
402 893.13(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.
403 893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
404 (c) LEVEL 3
405 FloridaStatute FelonyDegree Description
406 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
407 316.066 (4)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
408 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
409 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
410 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
411 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
412 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
413 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
414 327.35(2)(b) 3rd Felony BUI.
415 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
416 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
417 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
418 379.2431 (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.
419 379.2431 (1)(e)6. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
420 400.9935(4) 3rd Operating a clinic without a license or filing false license application or other required information.
421 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
422 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
423 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
424 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
425 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
426 697.08 3rd Equity skimming.
427 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
428 796.05(1) 3rd Live on earnings of a prostitute.
429 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
430 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
431 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
432 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
433 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
434 815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
435 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
436 817.233 3rd Burning to defraud insurer.
437 817.234 (8)(b)-(c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
438 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
439 817.236 3rd Filing a false motor vehicle insurance application.
440 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
441 817.413(2) 3rd Sale of used goods as new.
442 817.505(4) 3rd Patient brokering.
443 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
444 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
445 831.29 2nd Possession of instruments for counterfeiting drivers’ licenses or identification cards.
446 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
447 843.19 3rd Injure, disable, or kill police dog or horse.
448 860.15(3) 3rd Overcharging for repairs and parts.
449 870.01(2) 3rd Riot; inciting or encouraging.
450 893.13(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).
451 893.13(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.
452 893.13(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.
453 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
454 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
455 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
456 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
457 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
458 893.13(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.
459 893.13(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.
460 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
461 893.13(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.
462 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
463 944.47 (1)(a)1.-2. 3rd Introduce contraband to correctional facility.
464 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
465 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
466 (e) LEVEL 5
467 FloridaStatute FelonyDegree Description
468 316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
469 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
470 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
471 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
472 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
473 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
474 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
475 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
476 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
477 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
478 790.01(2) 3rd Carrying a concealed firearm.
479 790.162 2nd Threat to throw or discharge destructive device.
480 790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
481 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
482 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
483 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
484 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years or older.
485 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
486 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
487 812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
488 812.019(1) 2nd Stolen property; dealing in or trafficking in.
489 812.131(2)(b) 3rd Robbery by sudden snatching.
490 812.16(2) 3rd Owning, operating, or conducting a chop shop.
491 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
492 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
493 817.2341(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.
494 817.568(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.
495 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
496 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
497 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
498 827.071(5) 3rd Possess any photographic material, motion picture, etc., which includes sexual conduct by a child.
499 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
500 843.01 3rd Resist officer with violence to person; resist arrest with violence.
501 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
502 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
503 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
504 874.05(2) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
505 893.13(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).
506 893.13(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.
507 893.13(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.
508 893.13(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.
509 893.13(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.
510 893.13(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).
511 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
512 Section 5. This act shall take effect July 1, 2011.