Florida Senate - 2016              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 1528
       
       
       
       
       
                               Ì460300XÎ460300                          
       
       576-03397-16                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Criminal and Civil Justice)
    1                        A bill to be entitled                      
    2         An act relating to illicit drugs; amending s. 893.02,
    3         F.S.; defining terms; deleting a definition; revising
    4         definitions; amending s. 893.03, F.S.; providing that
    5         class designation is a way to reference scheduled
    6         controlled substances; adding, deleting, and revising
    7         the list of Schedule I controlled substances; revising
    8         the list of Schedule III anabolic steroids; amending
    9         s. 893.033, F.S.; adding, deleting, and revising the
   10         list of precursor and essential chemicals; amending s.
   11         893.0356, F.S.; defining the term “substantially
   12         similar”; deleting the term “potential for abuse”;
   13         requiring that a controlled substance analog be
   14         treated as the highest scheduled controlled substance
   15         of which it is an analog; amending s. 893.13, F.S.;
   16         creating a noncriminal penalty for selling,
   17         manufacturing, or delivering, or possessing with
   18         intent to sell, manufacture, or deliver any unlawful
   19         controlled substance in, on, or near an assisted
   20         living facility; creating a criminal penalty for a
   21         person 18 years of age or older who delivers to a
   22         person younger than 18 years of age any illegal
   23         controlled substance, who uses or hires a person
   24         younger than 18 years of age in the sale or delivery
   25         of such substance, or who uses a person younger than
   26         18 years of age to assist in avoiding detection for
   27         specified violations; deleting a criminal penalty for
   28         possession of a certain amount of specified controlled
   29         substances; deleting certain exclusions to the
   30         definition of the term “cannabis”; creating a criminal
   31         penalty for possession of specified controlled
   32         substances; correcting a cross-reference; amending s.
   33         893.135, F.S.; revising a dosage unit to include a
   34         gelatin capsule for the purpose of clarifying
   35         legislative intent regarding the weighing of a mixture
   36         containing a controlled substance; amending s.
   37         893.138, F.S.; authorizing a place or premises that
   38         has been used on two or more occasions for specified
   39         violations within a certain time period to be declared
   40         a public nuisance; amending s. 893.145, F.S.; revising
   41         the definition of the term “drug paraphernalia”;
   42         amending s. 895.02, F.S.; revising the definition of
   43         the term “racketeering activity”; amending s.
   44         921.0022, F.S.; adding an adult delivering controlled
   45         substances to a minor, using or hiring a minor to sell
   46         controlled substances, or using a minor to avoid
   47         detection or apprehension to level 3 of the offense
   48         severity ranking chart of the Criminal Punishment
   49         Code; making technical changes; reenacting ss.
   50         39.01(30)(a) and (g), 316.193(5), 322.2616(2)(c),
   51         327.35(5), 440.102(11)(b), 456.44(2), 458.326(3),
   52         458.3265(1)(e), 459.0137(1)(e), 463.0055(4)(a),
   53         465.0276(1)(b), 499.0121(14) and (15)(a),
   54         499.029(3)(a), 782.04(1) and (4), 787.06(2)(a),
   55         817.563(1), 831.31, 893.0301, 893.035(7)(a),
   56         893.05(1), 893.055(1)(b), 893.07(5)(b), 893.12(2)(b),
   57         (c), and (d), and 944.474(2), F.S., to incorporate the
   58         amendment made to s. 893.03, F.S., in references
   59         thereto; reenacting s. 893.149(4), F.S., to
   60         incorporate the amendment made to s. 893.033, F.S., in
   61         a reference thereto; reenacting ss. 397.451(4)(b),
   62         435.07(2), 772.12(2), 775.084(1)(a), 810.02(3),
   63         812.014(2), 831.311(1), 893.1351(1), 893.138(3),
   64         893.15, 903.133, and 921.187(1)(l), F.S., to
   65         incorporate the amendment made to s. 893.13, F.S., in
   66         references thereto; reenacting ss. 893.12(2)(a) and
   67         893.147(6)(a), F.S., to incorporate the amendment made
   68         to s. 893.145, F.S., in references thereto; reenacting
   69         ss. 16.56(1)(a), 655.50(3)(g), 896.101(2)(g), and
   70         905.34, F.S., to incorporate the amendment made to s.
   71         895.02, F.S., in references thereto; providing an
   72         effective date.
   73          
   74  Be It Enacted by the Legislature of the State of Florida:
   75  
   76         Section 1. Subsections (2), (11), and (16) of section
   77  893.02, Florida Statutes, are amended, new subsections (17) and
   78  (20) are added to that section, present subsections (17), (18),
   79  (19), (20), (21), (22), and (23) of that section are
   80  redesignated as subsections (18), (19), (21), (22), (23), (24),
   81  and (25), respectively, and subsections (4) and (14) are
   82  republished, to read:
   83         893.02 Definitions.—The following words and phrases as used
   84  in this chapter shall have the following meanings, unless the
   85  context otherwise requires:
   86         (2) “Cannabinoid receptor agonist” means a chemical
   87  compound or substance that, according to scientific or medical
   88  research, study, testing, or analysis demonstrates the presence
   89  of binding activity at one or more of the CB1 or CB2 cell
   90  membrane receptors located within the human body “Analog” or
   91  “chemical analog” means a structural derivative of a parent
   92  compound that is a controlled substance.
   93         (4) “Controlled substance” means any substance named or
   94  described in Schedules I-V of s. 893.03. Laws controlling the
   95  manufacture, distribution, preparation, dispensing, or
   96  administration of such substances are drug abuse laws.
   97         (11) “Homologue” means a chemical compound in a series in
   98  which each compound differs by one or more repeating hydrocarbon
   99  functional group units at any single point within the compound
  100  alkyl functional groups on an alkyl side chain.
  101         (14) “Listed chemical” means any precursor chemical or
  102  essential chemical named or described in s. 893.033.
  103         (16) “Mixture” means any physical combination of two or
  104  more substances, including, but not limited to, a blend, an
  105  aggregation, a suspension, an emulsion, a solution, or a dosage
  106  unit, whether or not such combination can be separated into its
  107  components by physical means, whether mechanical or thermal.
  108         (17) “Nitrogen-heterocyclic analog” means an analog of a
  109  controlled substance which has a single carbon atom in a cyclic
  110  structure of a compound replaced by a nitrogen atom.
  111         (20) “Positional isomer” means any substance that possesses
  112  the same molecular formula and core structure and that has the
  113  same functional group or substituent as those found in the
  114  respective controlled substance, attached at any positions on
  115  the core structure, but in such manner that no new chemical
  116  functionalities are created and no existing chemical
  117  functionalities are destroyed relative to the respective
  118  controlled substance. Rearrangements of alkyl moieties within or
  119  between functional groups or substituents, or divisions or
  120  combinations of alkyl moieties, which do not create new chemical
  121  functionalities or destroy existing chemical functionalities,
  122  are allowed and include resulting compounds that are positional
  123  isomers. As used in this definition, the term “core structure”
  124  means the parent molecule that is the common basis for the class
  125  that includes, but is not limited to, tryptamine,
  126  phenethylamine, or ergoline. Examples of rearrangements
  127  resulting in creation or destruction of chemical
  128  functionalities, and therefore resulting in compounds that are
  129  not positional isomers, include, but are not limited to, ethoxy
  130  to alpha-hydroxyethyl, hydroxy and methyl to methoxy, or the
  131  repositioning of a phenolic or alcoholic hydroxy group to create
  132  a hydroxyamine. Examples of rearrangements resulting in
  133  compounds that would be positional isomers, include, but are not
  134  limited to, tert-butyl to sec-butyl, methoxy and ethyl to
  135  isopropoxy, N,N-diethyl to N-methyl-N-propyl, or alpha
  136  methylamino to N-methylamino.
  137         Section 2. Section 893.03, Florida Statutes, is amended to
  138  read:
  139         893.03 Standards and schedules.—The substances enumerated
  140  in this section are controlled by this chapter. The controlled
  141  substances listed or to be listed in Schedules I, II, III, IV,
  142  and V are included by whatever official, common, usual,
  143  chemical, or trade name, or class designated. The provisions of
  144  this section shall not be construed to include within any of the
  145  schedules contained in this section any excluded drugs listed
  146  within the purview of 21 C.F.R. s. 1308.22, styled “Excluded
  147  Substances”; 21 C.F.R. s. 1308.24, styled “Exempt Chemical
  148  Preparations”; 21 C.F.R. s. 1308.32, styled “Exempted
  149  Prescription Products”; or 21 C.F.R. s. 1308.34, styled “Exempt
  150  Anabolic Steroid Products.”
  151         (1) SCHEDULE I.—A substance in Schedule I has a high
  152  potential for abuse and has no currently accepted medical use in
  153  treatment in the United States and in its use under medical
  154  supervision does not meet accepted safety standards. The
  155  following substances are controlled in Schedule I:
  156         (a) Unless specifically excepted or unless listed in
  157  another schedule, any of the following substances, including
  158  their isomers, esters, ethers, salts, and salts of isomers,
  159  esters, and ethers, whenever the existence of such isomers,
  160  esters, ethers, and salts is possible within the specific
  161  chemical designation:
  162         1. Acetyl-alpha-methylfentanyl.
  163         2. Acetylmethadol.
  164         3. Allylprodine.
  165         4. Alphacetylmethadol (except levo-alphacetylmethadol, also
  166  known as levo-alpha-acetylmethadol, levomethadyl acetate, or
  167  LAAM).
  168         5. Alphamethadol.
  169         6. Alpha-methylfentanyl (N-[1-(alpha-methyl-betaphenyl)
  170  ethyl-4-piperidyl] propionanilide; 1-(1-methyl-2-phenylethyl)-4
  171  (N-propanilido) piperidine).
  172         7. Alpha-methylthiofentanyl.
  173         8. Alphameprodine.
  174         9. Benzethidine.
  175         10. Benzylfentanyl.
  176         11. Betacetylmethadol.
  177         12. Beta-hydroxyfentanyl.
  178         13. Beta-hydroxy-3-methylfentanyl.
  179         14. Betameprodine.
  180         15. Betamethadol.
  181         16. Betaprodine.
  182         17. Clonitazene.
  183         18. Dextromoramide.
  184         19. Diampromide.
  185         20. Diethylthiambutene.
  186         21. Difenoxin.
  187         22. Dimenoxadol.
  188         23. Dimepheptanol.
  189         24. Dimethylthiambutene.
  190         25. Dioxaphetyl butyrate.
  191         26. Dipipanone.
  192         27. Ethylmethylthiambutene.
  193         28. Etonitazene.
  194         29. Etoxeridine.
  195         30. Flunitrazepam.
  196         31. Furethidine.
  197         32. Hydroxypethidine.
  198         33. Ketobemidone.
  199         34. Levomoramide.
  200         35. Levophenacylmorphan.
  201         36. Desmethylprodine (1-Methyl-4-Phenyl-4
  202  Propionoxypiperidine) (MPPP).
  203         37. 3-Methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4
  204  piperidyl]-N-phenylpropanamide).
  205         38. 3-Methylthiofentanyl.
  206         39. Morpheridine.
  207         40. Noracymethadol.
  208         41. Norlevorphanol.
  209         42. Normethadone.
  210         43. Norpipanone.
  211         44. Para-Fluorofentanyl.
  212         45. Phenadoxone.
  213         46. Phenampromide.
  214         47. Phenomorphan.
  215         48. Phenoperidine.
  216         49. PEPAP (1-(2-Phenylethyl)-4-Phenyl-4
  217  Acetyloxypiperidine) (PEPAP).
  218         50. Piritramide.
  219         51. Proheptazine.
  220         52. Properidine.
  221         53. Propiram.
  222         54. Racemoramide.
  223         55. Thenylfentanyl.
  224         56. Thiofentanyl.
  225         57. Tilidine.
  226         58. Trimeperidine.
  227         59. Acetylfentanyl.
  228         60. Butyrylfentanyl.
  229         61. Beta-Hydroxythiofentanyl.
  230         (b) Unless specifically excepted or unless listed in
  231  another schedule, any of the following substances, their salts,
  232  isomers, and salts of isomers, whenever the existence of such
  233  salts, isomers, and salts of isomers is possible within the
  234  specific chemical designation:
  235         1. Acetorphine.
  236         2. Acetyldihydrocodeine.
  237         3. Benzylmorphine.
  238         4. Codeine methylbromide.
  239         5. Codeine-N-Oxide.
  240         6. Cyprenorphine.
  241         7. Desomorphine.
  242         8. Dihydromorphine.
  243         9. Drotebanol.
  244         10. Etorphine (except hydrochloride salt).
  245         11. Heroin.
  246         12. Hydromorphinol.
  247         13. Methyldesorphine.
  248         14. Methyldihydromorphine.
  249         15. Monoacetylmorphine.
  250         16. Morphine methylbromide.
  251         17. Morphine methylsulfonate.
  252         18. Morphine-N-Oxide.
  253         19. Myrophine.
  254         20. Nicocodine.
  255         21. Nicomorphine.
  256         22. Normorphine.
  257         23. Pholcodine.
  258         24. Thebacon.
  259         (c) Unless specifically excepted or unless listed in
  260  another schedule, any material, compound, mixture, or
  261  preparation that contains any quantity of the following
  262  hallucinogenic substances or that contains any of their salts,
  263  isomers, including optical, positional, or geometric isomers,
  264  homologues, nitrogen-heterocyclic analogs, esters, ethers, and
  265  salts of isomers, homologues, nitrogen-heterocyclic analogs,
  266  esters, or ethers, if the existence of such salts, isomers, and
  267  salts of isomers is possible within the specific chemical
  268  designation or class description:
  269         1. Alpha-Ethyltryptamine.
  270         2. 4-Methylaminorex (2-Amino-4-methyl-5-phenyl-2-oxazoline)
  271  (4-methylaminorex).
  272         3. Aminorex (2-Amino-5-phenyl-2-oxazoline) (Aminorex).
  273         4. DOB (4-Bromo-2,5-dimethoxyamphetamine).
  274         5. 2C-B (4-Bromo-2,5-dimethoxyphenethylamine).
  275         6. Bufotenine.
  276         7. Cannabis.
  277         8. Cathinone.
  278         9. DET (Diethyltryptamine).
  279         10. 2,5-Dimethoxyamphetamine.
  280         11. DOET (4-Ethyl-2,5-Dimethoxyamphetamine) 2,5-Dimethoxy
  281  4-ethylamphetamine (DOET).
  282         12. DMT (Dimethyltryptamine).
  283         13. PCE (N-Ethyl-1-phenylcyclohexylamine) (PCE)(Ethylamine
  284  analog of phencyclidine).
  285         14. JB-318 (N-Ethyl-3-piperidyl benzilate).
  286         15. N-Ethylamphetamine.
  287         16. Fenethylline.
  288         17. 3,4-Methylenedioxy-N-hydroxyamphetamine N-Hydroxy-3,4
  289  methylenedioxyamphetamine.
  290         18. Ibogaine.
  291         19. LSD (Lysergic acid diethylamide) (LSD).
  292         20. Mescaline.
  293         21. Methcathinone.
  294         22. 5-Methoxy-3,4-methylenedioxyamphetamine.
  295         23. PMA (4-Methoxyamphetamine).
  296         24. PMMA (4-Methoxymethamphetamine).
  297         25. DOM (4-Methyl-2,5-dimethoxyamphetamine).
  298         26. MDEA (3,4-Methylenedioxy-N-ethylamphetamine).
  299         27. MDA (3,4-Methylenedioxyamphetamine).
  300         28. JB-336 (N-Methyl-3-piperidyl benzilate).
  301         29. N,N-Dimethylamphetamine.
  302         30. Parahexyl.
  303         31. Peyote.
  304         32. PCPY (N-(1-Phenylcyclohexyl)-pyrrolidine) (PCPY)
  305  (Pyrrolidine analog of phencyclidine).
  306         33. Psilocybin.
  307         34. Psilocyn.
  308         35. Salvia divinorum, except for any drug product approved
  309  by the United States Food and Drug Administration which contains
  310  Salvia divinorum or its isomers, esters, ethers, salts, and
  311  salts of isomers, esters, and ethers, if the existence of such
  312  isomers, esters, ethers, and salts is possible within the
  313  specific chemical designation.
  314         36. Salvinorin A, except for any drug product approved by
  315  the United States Food and Drug Administration which contains
  316  Salvinorin A or its isomers, esters, ethers, salts, and salts of
  317  isomers, esters, and ethers, if the existence of such isomers,
  318  esters, ethers, and salts is possible within the specific
  319  chemical designation.
  320         37. Tetrahydrocannabinols.
  321         37.Xylazine.
  322         38. TCP (1-[1-(2-Thienyl)-cyclohexyl]-piperidine) (TCP)
  323  (Thiophene analog of phencyclidine).
  324         39. 3,4,5-Trimethoxyamphetamine.
  325         40. Methylone (3,4-Methylenedioxymethcathinone).
  326         41. MDPV (3,4-Methylenedioxypyrovalerone) (MDPV).
  327         42. Methylmethcathinone.
  328         43. Methoxymethcathinone.
  329         44. Fluoromethcathinone.
  330         45. Methylethcathinone.
  331         46. CP 47,497 (2-([(1R,3S)-3-Hydroxycyclohexyl)]-5-(2
  332  methyloctan-2-yl)phenol), also known as CP 47,497 and its
  333  dimethyloctyl (C8) homologue.
  334         47. HU-210 [(6aR,10aR)-9-(Hydroxymethyl)-6,6-dimethyl-3-(2
  335  methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol],
  336  also known as HU-210.
  337         48. JWH-018 (1-Pentyl-3-(1-naphthoyl)indole), also known as
  338  JWH-018.
  339         49. JWH-073 (1-Butyl-3-(1-naphthoyl)indole), also known as
  340  JWH-073.
  341         50. JWH-200 (1-[2-(4-Morpholinyl)ethyl]-3-(1
  342  naphthoyl)indole), also known as JWH-200.
  343         51. BZP (Benzylpiperazine).
  344         52. Fluorophenylpiperazine.
  345         53. Methylphenylpiperazine.
  346         54. Chlorophenylpiperazine.
  347         55. Methoxyphenylpiperazine.
  348         56. DBZP (1,4-Dibenzylpiperazine).
  349         57. TFMPP (3-Trifluoromethylphenylpiperazine).
  350         58. MBDB (Methylbenzodioxolylbutanamine) or (3,4
  351  Methylenedioxy-N-methylbutanamine).
  352         59. 5-Hydroxy-AMT (5-Hydroxy-alpha-methyltryptamine).
  353         60. 5-Hydroxy-N-methyltryptamine.
  354         61. 5-MeO-MiPT (5-Methoxy-N-methyl-N-isopropyltryptamine).
  355         62. 5-MeO-AMT (5-Methoxy-alpha-methyltryptamine).
  356         63. Methyltryptamine.
  357         64. 5-MeO-DMT (5-Methoxy-N,N-dimethyltryptamine).
  358         65. 5-Me-DMT (5-Methyl-N,N-dimethyltryptamine).
  359         66. Tyramine (4-Hydroxyphenethylamine).
  360         67. 5-MeO-DiPT (5-Methoxy-N,N-Diisopropyltryptamine).
  361         68. DiPT (N,N-Diisopropyltryptamine).
  362         69. DPT (N,N-Dipropyltryptamine).
  363         70. 4-Hydroxy-DiPT (4-Hydroxy-N,N-diisopropyltryptamine).
  364         71. 5-MeO-DALT (5-Methoxy-N,N-Diallyltryptamine) N,N
  365  Diallyl-5-Methoxytryptamine.
  366         72. DOI (4-Iodo-2,5-dimethoxyamphetamine).
  367         73. DOC (4-Chloro-2,5-dimethoxyamphetamine).
  368         74. 2C-E (4-Ethyl-2,5-dimethoxyphenethylamine).
  369         75. 2C-T-4 (4-Isopropylthio-2,5-dimethoxyphenethylamine)
  370  2,5-Dimethoxy-4-isopropylthiophenethylamine).
  371         76. 2C-C (4-Chloro-2,5-dimethoxyphenethylamine).
  372         77. 2C-T (4-Methylthio-2,5-dimethoxyphenethylamine) 2,5
  373  Dimethoxy-4-methylthiophenethylamine).
  374         78. 2C-T-2 (4-Ethylthio-2,5-dimethoxyphenethylamine) 2,5
  375  Dimethoxy-4-ethylthiophenethylamine).
  376         79. 2C-T-7 (4-(n)-Propylthio-2,5-dimethoxyphenethylamine)
  377  2,5-Dimethoxy-4-(n)-propylthiophenethylamine).
  378         80. 2C-I (4-Iodo-2,5-dimethoxyphenethylamine).
  379         81. Butylone (3,4-Methylenedioxy-alpha
  380  methylaminobutyrophenone) beta-keto-N
  381  methylbenzodioxolylpropylamine).
  382         82. Ethcathinone.
  383         83. Ethylone (3,4-Methylenedioxy-N-ethylcathinone).
  384         84. Naphyrone (Naphthylpyrovalerone).
  385         85. Dimethylone (3,4-Methylenedioxy-N,N-dimethylcathinone)
  386  N-N-Dimethyl-3,4-methylenedioxycathinone.
  387         86. 3,4-Methylenedioxy-N,N-diethylcathinone N-N-Diethyl
  388  3,4-methylenedioxycathinone.
  389         87. 3,4-Methylenedioxy-propiophenone.
  390         88. 3,4-Methylenedioxy-alpha-bromopropiophenone 2-Bromo
  391  3,4-Methylenedioxypropiophenone.
  392         89. 3,4-Methylenedioxy-propiophenone-2-oxime.
  393         90. 3,4-Methylenedioxy-N-acetylcathinone N-Acetyl-3,4
  394  methylenedioxycathinone.
  395         91. 3,4-Methylenedioxy-N-acetylmethcathinone N-Acetyl-N
  396  Methyl-3,4-Methylenedioxycathinone.
  397         92. 3,4-Methylenedioxy-N-acetylethcathinone N-Acetyl-N
  398  Ethyl-3,4-Methylenedioxycathinone.
  399         93. Bromomethcathinone.
  400         94. Buphedrone (alpha-Methylamino-butyrophenone).
  401         95. Eutylone (3,4-Methylenedioxy-alpha
  402  ethylaminobutyrophenone) beta-Keto
  403  Ethylbenzodioxolylbutanamine).
  404         96. Dimethylcathinone.
  405         97. Dimethylmethcathinone.
  406         98. Pentylone (3,4-Methylenedioxy-alpha
  407  methylaminovalerophenone) (beta-Keto
  408  Methylbenzodioxolylpentanamine).
  409         99. MDPPP (3,4-Methylenedioxy-alpha
  410  pyrrolidinopropiophenone) (MDPPP) 3,4-Methylenedioxy-alpha
  411  pyrrolidinopropiophenone.
  412         100. MDPBP (3,4-Methylenedioxy-alpha
  413  pyrrolidinobutyrophenone) (MDPBP) 3,4-Methylenedioxy-alpha
  414  pyrrolidinobutiophenone.
  415         101. MOPPP (Methoxy-alpha-pyrrolidinopropiophenone)
  416  (MOPPP).
  417         102. MPHP (Methyl-alpha-pyrrolidinohexanophenone) Methyl
  418  alpha-pyrrolidinohexiophenone (MPHP).
  419         103. BTCP (Benzothiophenylcyclohexylpiperidine) or BCP
  420  (Benocyclidine) Benocyclidine (BCP) or
  421  benzothiophenylcyclohexylpiperidine (BTCP).
  422         104. F-MABP (Fluoromethylaminobutyrophenone) (F-MABP).
  423         105. MeO-PBP (Methoxypyrrolidinobutyrophenone) (MeO-PBP).
  424         106. Et-PBP (Ethyl-pyrrolidinobutyrophenone) (Et-PBP).
  425         107. 3-Me-4-MeO-MCAT (3-Methyl-4-Methoxymethcathinone) (3
  426  Me-4-MeO-MCAT).
  427         108. Me-EABP (Methylethylaminobutyrophenone) (Me-EABP).
  428         109. Etizolam Methylamino-butyrophenone (MABP).
  429         110. PPP (Pyrrolidinopropiophenone) (PPP).
  430         111. PBP (Pyrrolidinobutyrophenone) Pyrrolidinobutiophenone
  431  (PBP).
  432         112. PVP (Pyrrolidinovalerophenone) or
  433  (Pyrrolidinopentiophenone) (PVP).
  434         113. MPPP (Methyl-alpha-pyrrolidinopropiophenone) (MPPP).
  435         114. JWH-007 (1-Pentyl-2-methyl-3-(1-naphthoyl)indole).
  436         115. JWH-015 (1-Propyl-2-methyl-3-(1-naphthoyl)indole) 2
  437  Methyl-1-propyl-1H-indol-3-yl)-1-naphthalenylmethanone).
  438         116. JWH-019 (1-Hexyl-3-(1-naphthoyl)indole) Naphthalen-1
  439  yl-(1-hexylindol-3-yl)methanone).
  440         117. JWH-020 (1-Heptyl-3-(1-naphthoyl)indole).
  441         118. JWH-072 (1-Propyl-3-(1-naphthoyl)indole) Naphthalen-1
  442  yl-(1-propyl-1H-indol-3-yl)methanone).
  443         119. JWH-081 (1-Pentyl-3-(4-methoxy-1-naphthoyl)indole) 4
  444  methoxynaphthalen-1-yl-(1-pentylindol-3-yl)methanone).
  445         120. JWH-122 (1-Pentyl-3-(4-methyl-1-naphthoyl)indole).
  446         121. JWH-133 ((6aR,10aR)-6,6,9-Trimethyl-3-(2-methylpentan
  447  2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromene) ((6aR,10aR)-3
  448  (1,1-Dimethylbutyl)-6a,7,10,10a-tetrahydro-6,6,9-trimethyl-6H
  449  dibenzo[b,d]pyran)).
  450         122. JWH-175 (1-Pentyl-3-(1-naphthylmethyl)indole) 3
  451  (naphthalen-1-ylmethyl)-1-pentyl-1H-indole).
  452         123. JWH-201 (1-Pentyl-3-(4-methoxyphenylacetyl)indole).
  453         124. JWH-203 (1-Pentyl-3-(2-chlorophenylacetyl)indole) 2
  454  (2-chlorophenyl)-1-(1-pentylindol-3-yl)ethanone).
  455         125. JWH-210 (1-Pentyl-3-(4-ethyl-1-naphthoyl)indole) 4
  456  ethylnaphthalen-1-yl-(1-pentylindol-3-yl)methanone).
  457         126. JWH-250 (1-Pentyl-3-(2-methoxyphenylacetyl)indole) 2
  458  (2-methoxyphenyl)-1-(1-pentylindol-3-yl)ethanone).
  459         127. JWH-251 (1-Pentyl-3-(2-methylphenylacetyl)indole) 2
  460  (2-methylphenyl)-1-(1-pentyl-1H-indol-3-yl)ethanone).
  461         128. JWH-302 (1-Pentyl-3-(3-methoxyphenylacetyl)indole).
  462         129. JWH-398 (1-Pentyl-3-(4-chloro-1-naphthoyl)indole).
  463         130. HU-211 ((6aS,10aS)-9-(Hydroxymethyl)-6,6-dimethyl-3
  464  (2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1
  465  ol).
  466         131. HU-308 ([(1R,2R,5R)-2-[2,6-Dimethoxy-4-(2-methyloctan
  467  2-yl)phenyl]-7,7-dimethyl-4-bicyclo[3.1.1]hept-3-enyl]
  468  methanol).
  469         132. HU-331 (3-Hydroxy-2-[(1R,6R)-3-methyl-6-(1
  470  methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-2,5-cyclohexadiene
  471  1,4-dione).
  472         133. CB-13 (4-Pentyloxy-1-(1-naphthoyl)naphthalene)
  473  Naphthalen-1-yl-(4-pentyloxynaphthalen-1-yl)methanone).
  474         134. CB-25 (N-Cyclopropyl-11-(3-hydroxy-5-pentylphenoxy)
  475  undecanamide).
  476         135. CB-52 (N-Cyclopropyl-11-(2-hexyl-5-hydroxyphenoxy)-
  477  undecanamide).
  478         136. CP 55,940 (2-[3-Hydroxy-5-propanol-cyclohexyl]-5-(2
  479  methyloctan-2-yl)phenol) 2-[(1R,2R,5R)-5-hydroxy-2-(3
  480  hydroxypropyl)cyclohexyl]-5-(2-methyloctan-2-yl)phenol).
  481         137. AM-694 (1-(5-Fluoropentyl)-3-(2-iodobenzoyl)indole) 1
  482  [(5-fluoropentyl)-1H-indol-3-yl]-(2-iodophenyl)methanone).
  483         138. AM-2201 (1-(5-Fluoropentyl)-3-(1-naphthoyl)indole) 1
  484  [(5-fluoropentyl)-1H-indol-3-yl]-(naphthalen-1-yl)methanone).
  485         139. RCS-4 (1-Pentyl-3-(4-methoxybenzoyl)indole) (4
  486  methoxyphenyl) (1-pentyl-1H-indol-3-yl)methanone).
  487         140. RCS-8 (1-(2-Cyclohexylethyl)-3-(2
  488  methoxyphenylacetyl)indole) 1-(1-(2-cyclohexylethyl)-1H-indol-3
  489  yl)-2-(2-methoxyphenylethanone).
  490         141. WIN55,212-2 ((R)-(+)-[2,3-Dihydro-5-methyl-3-(4
  491  morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1
  492  naphthalenylmethanone).
  493         142. WIN55,212-3 ([(3S)-2,3-Dihydro-5-methyl-3-(4
  494  morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1
  495  naphthalenylmethanone).
  496         143. Pentedrone (alpha-Methylaminovalerophenone) 2
  497  (methylamino)-1-phenyl-1-pentanone).
  498         144. Fluoroamphetamine.
  499         145. Fluoromethamphetamine.
  500         146. Methoxetamine.
  501         147. Methiopropamine.
  502         148. 4-Methylbuphedrone (Methyl-alpha
  503  methylaminobutyrophenone) 2-Methylamino-1-(4-methylphenyl)butan
  504  1-one).
  505         149. APB ((2-Aminopropyl)benzofuran).
  506         150. APDB ((2-Aminopropyl)-2,3-dihydrobenzofuran).
  507         151. UR-144 (1-Pentyl-3-(2,2,3,3
  508  tetramethylcyclopropanoyl)indole) (1-pentyl-1H-indol-3
  509  yl)(2,2,3,3-tetramethylcyclopropyl)methanone).
  510         152. XLR11 (1-(5-Fluoropentyl)-3-(2,2,3,3
  511  tetramethylcyclopropanoyl)indole) (1-(5-fluoropentyl)-1H-indol
  512  3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone).
  513         153. Chloro UR-144 (1-(Chloropentyl)-3-(2,2,3,3
  514  tetramethylcyclopropanoyl)indole) (1-(5-chloropentyl)-1H-indol
  515  3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone.
  516         154. AKB48 (N-Adamant-1-yl 1-pentylindazole-3-carboxamide)
  517  1-pentyl-N-tricyclo[3.3.1.13,7]dec-1-yl-1H-indazole-3
  518  carboxamide).
  519         155. AM-2233(1-[(N-Methyl-2-piperidinyl)methyl]-3-(2
  520  iodobenzoyl)indole) (2-iodophenyl)[1-[(1-methyl-2
  521  piperidinyl)methyl]-1H-indol-3-yl]-methanone).
  522         156. STS-135 (N-Adamant-1-yl 1-(5-fluoropentyl)indole-3
  523  carboxamide) 1-(5-fluoropentyl)-N-tricyclo[3.3.1.13,7]dec-1-yl
  524  1H-indole-3-carboxamide).
  525         157. URB-597 ((3’-(Aminocarbonyl)[1,1’-biphenyl]-3-yl)
  526  cyclohexylcarbamate).
  527         158. URB-602 ([1,1’-Biphenyl]-3-yl-carbamic acid,
  528  cyclohexyl ester).
  529         159. URB-754 (6-Methyl-2-[(4-methylphenyl)amino]-1
  530  benzoxazin-4-one).
  531         160. 2C-D (4-Methyl-2,5-dimethoxyphenethylamine) 2-(2,5
  532  Dimethoxy-4-methylphenyl)ethanamine).
  533         161. 2C-H (2,5-Dimethoxyphenethylamine) 2-(2,5
  534  Dimethoxyphenyl)ethanamine).
  535         162. 2C-N (4-Nitro-2,5-dimethoxyphenethylamine) 2-(2,5
  536  Dimethoxy-4-nitrophenyl)ethanamine).
  537         163. 2C-P (4-(n)-Propyl-2,5-dimethoxyphenethylamine) 2
  538  (2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine).
  539         164. 25I-NBOMe (4-Iodo-2,5-dimethoxy-[N-(2
  540  methoxybenzyl)]phenethylamine) 4-iodo-2,5-dimethoxy-N-[(2
  541  methoxyphenyl)methyl]-benzeneethanamine).
  542         165. MDMA (3,4-Methylenedioxymethamphetamine) (MDMA).
  543         166. PB-22 (8-Quinolinyl 1-pentylindole-3-carboxylate) 1
  544  pentyl-8-quinolinyl ester-1H-indole-3-carboxylic acid).
  545         167. 5-Fluoro PB-22 (8-Quinolinyl 1-(fluoropentyl)indole-3
  546  carboxylate) 8-quinolinyl ester-1-(5-fluoropentyl)-1H-indole-3
  547  carboxylic acid).
  548         168. BB-22 (8-Quinolinyl 1-(cyclohexylmethyl)indole-3
  549  carboxylate) 1-(cyclohexylmethyl)-8-quinolinyl ester-1H-indole
  550  3-carboxylic acid).
  551         169. 5-Fluoro AKB48 (N-Adamant-1-yl 1
  552  (fluoropentyl)indazole-3-carboxamide) N-((3s,5s,7s)-adamantan-1
  553  yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide).
  554         170. AB-PINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1
  555  pentylindazole-3-carboxamide) N-(1-Amino-3-methyl-1-oxobutan-2
  556  yl)-1-pentyl-1H-indazole-3-carboxamide).
  557         171. AB-FUBINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1
  558  (4-fluorobenzyl)indazole-3-carboxamide) N-(1-Amino-3-methyl-1
  559  oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide).
  560         172. ADB-PINACA (N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl)
  561  1-pentylindazole-3-carboxamide) N-(1-Amino-3,3-dimethyl-1
  562  oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide).
  563         173. Fluoro ADBICA (N-(1-Amino-3,3-dimethyl-1-oxobutan-2
  564  yl)-1-(fluoropentyl)indole-3-carboxamide) N-(1-Amino-3,3
  565  dimethyl-1-oxobutan-2-yl)-1-(fluoropentyl)-1H-indole-3
  566  carboxamide).
  567         174. 25B-NBOMe (4-Bromo-2,5-dimethoxy-[N-(2
  568  methoxybenzyl)]phenethylamine) 4-bromo-2,5-dimethoxy-N-[(2
  569  methoxyphenyl)methyl]-benzeneethanamine).
  570         175. 25C-C-NBOMe (4-Chloro-2,5-dimethoxy-[N-(2
  571  methoxybenzyl)]phenethylamine) 4-chloro-2,5-dimethoxy-N-[(2
  572  methoxyphenyl)methyl]-benzeneethanamine).
  573         176. AB-CHMINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1
  574  (cyclohexylmethyl)indazole-3-carboxamide): N-[1-(aminocarbonyl)
  575  2-methylpropyl]-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide.
  576         177. FUB-PB-22 (8-Quinolinyl 1-(4-fluorobenzyl)indole-3
  577  carboxylate): Quinolin-8-yl-1-(4-fluorobenzyl)-1H-indole-3
  578  carboxylate.
  579         178. Fluoro-NNEI (N-Naphthalen-1-yl 1-(fluoropentyl)indole
  580  3-carboxamide): 1-(Fluoropentyl)-N-(naphthalen-1-yl)-1H-indole
  581  3-carboxamide.
  582         179. Fluoro-AMB (N-(1-Methoxy-3-methyl-1-oxobutan-2-yl)-1
  583  (fluoropentyl)indazole-3-carboxamide): Methyl 2-(1
  584  (fluoropentyl)-1H-indazole-3-carboxamido)-3-methylbutanoate.
  585         180. THJ-2201 (1-(5-Fluoropentyl)-3-(1-naphthoyl)indazole):
  586  [1-(5-Fluoropentyl)-1H-indazol-3-yl](naphthalen-1-yl)methanone.
  587         181. AM-855 ((4aR,12bR)-8-Hexyl-2,5,5-trimethyl
  588  1,4,4a,8,9,10,11,12b-octahydronaphtho[3,2-c]isochromen-12-ol).
  589         182. AM-905 ((6aR,9R,10aR)-3-[(E)-Hept-1-enyl]-9
  590  (hydroxymethyl)-6,6-dimethyl-6a,7,8,9,10,10a
  591  hexahydrobenzo[c]chromen-1-ol).
  592         183. AM-906 ((6aR,9R,10aR)-3-[(Z)-Hept-1-enyl]-9
  593  (hydroxymethyl)-6,6-dimethyl-6a,7,8,9,10,10a
  594  hexahydrobenzo[c]chromen-1-ol).
  595         184. AM-2389 ((6aR,9R,10aR)-3-(1-Hexyl-cyclobut-1-yl)
  596  6a,7,8,9,10,10a-hexahydro-6,6-dimethyl-6H-dibenzo[b,d]pyran-1,9
  597  diol).
  598         185. HU-243 ((6aR,8S,9S,10aR)-9-(Hydroxymethyl)-6,6
  599  dimethyl-3-(2-methyloctan-2-yl)-8,9-ditritio-7,8,10,10a
  600  tetrahydro-6aH-benzo[c]chromen-1-ol).
  601         186. HU-336 ((6aR,10aR)-6,6,9-Trimethyl-3-pentyl
  602  6a,7,10,10a-tetrahydro-1H-benzo[c]chromene-1,4(6H)-dione).
  603         187. MAPB ((2-Methylaminopropyl)benzofuran).
  604         188. 5-IT (2-(1H-Indol-5-yl)-1-methyl-ethylamine).
  605         189. 6-IT (2-(1H-Indol-6-yl)-1-methyl-ethylamine).
  606         190. Synthetic Cannabinoids. Unless specifically excepted
  607  or unless listed in another schedule or contained within a
  608  pharmaceutical product approved by the United States Food and
  609  Drug Administration, any material, compound, mixture, or
  610  preparation that contains any quantity of a synthetic
  611  cannabinoid found to be in any of the following chemical class
  612  descriptions, or homologues, nitrogen-heterocyclic analogs,
  613  isomers (including optical, positional, or geometric), esters,
  614  ethers, salts, and salts of homologues, nitrogen-heterocyclic
  615  analogs, isomers, esters, or ethers, whenever the existence of
  616  such homologues, nitrogen-heterocyclic analogs, isomers, esters,
  617  ethers, salts, and salts of isomers, esters, or ethers is
  618  possible within the specific chemical class or designation.
  619  Since nomenclature of these synthetically produced cannabinoids
  620  is not internationally standardized and may continually evolve,
  621  these structures or the compounds of these structures shall be
  622  included under this subparagraph, regardless of their specific
  623  numerical designation of atomic positions covered, if it can be
  624  determined through a recognized method of scientific testing or
  625  analysis that the substance contains properties that fit within
  626  one or more of the following categories:
  627         a. Tetrahydrocannabinols. Any tetrahydrocannabinols
  628  naturally contained in a plant of the genus Cannabis, the
  629  synthetic equivalents of the substances contained in the plant
  630  or in the resinous extracts of the genus Cannabis, or synthetic
  631  substances, derivatives, and their isomers with similar chemical
  632  structure and pharmacological activity, including, but not
  633  limited to, Delta 9 tetrahydrocannabinols and their optical
  634  isomers, Delta 8 tetrahydrocannabinols and their optical
  635  isomers, Delta 6a,10a tetrahydrocannabinols and their optical
  636  isomers, or any compound containing a tetrahydrobenzo[c]chromene
  637  structure with substitution at either or both the 3-position or
  638  9-position, with or without substitution at the 1-position with
  639  hydroxyl or alkoxy groups, including, but not limited to:
  640         (I) Tetrahydrocannabinol.
  641         (II) HU-210 ((6aR,10aR)-9-(Hydroxymethyl)-6,6-dimethyl-3
  642  (2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1
  643  ol).
  644         (III) HU-211 ((6aS,10aS)-9-(Hydroxymethyl)-6,6-dimethyl-3
  645  (2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1
  646  ol).
  647         (IV) JWH-051 ((6aR,10aR)-9-(Hydroxymethyl)-6,6-dimethyl-3
  648  (2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromene).
  649         (V) JWH-133 ((6aR,10aR)-6,6,9-Trimethyl-3-(2-methylpentan
  650  2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromene).
  651         (VI) JWH-057 ((6aR,10aR)-6,6,9-Trimethyl-3-(2-methyloctan
  652  2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromene).
  653         (VII) JWH-359 ((6aR,10aR)-1-Methoxy-6,6,9-trimethyl-3-(2,3
  654  dimethylpentan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromene).
  655         (VIII) AM-087 ((6aR,10aR)-3-(2-Methyl-6-bromohex-2-yl)
  656  6,6,9-trimethyl-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol).
  657         (IX) AM-411 ((6aR,10aR)-3-(1-Adamantyl)-6,6,9-trimethyl
  658  6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol).
  659         (X) Parahexyl.
  660         b. Naphthoylindoles, Naphthoylindazoles,
  661  Naphthoylcarbazoles, Naphthylmethylindoles,
  662  Naphthylmethylindazoles, and Naphthylmethylcarbazoles. Any
  663  compound containing a naphthoylindole, naphthoylindazole,
  664  naphthoylcarbazole, naphthylmethylindole,
  665  naphthylmethylindazole, or naphthylmethylcarbazole structure,
  666  with or without substitution on the indole, indazole, or
  667  carbazole ring to any extent, whether or not substituted on the
  668  naphthyl ring to any extent, including, but not limited to:
  669         (I) JWH-007 (1-Pentyl-2-methyl-3-(1-naphthoyl)indole).
  670         (II) JWH-011 (1-(1-Methylhexyl)-2-methyl-3-(1
  671  naphthoyl)indole).
  672         (III) JWH-015 (1-Propyl-2-methyl-3-(1-naphthoyl)indole).
  673         (IV) JWH-016 (1-Butyl-2-methyl-3-(1-naphthoyl)indole).
  674         (V) JWH-018 (1-Pentyl-3-(1-naphthoyl)indole).
  675         (VI) JWH-019 (1-Hexyl-3-(1-naphthoyl)indole).
  676         (VII) JWH-020 (1-Heptyl-3-(1-naphthoyl)indole).
  677         (VIII) JWH-022 (1-(4-Pentenyl)-3-(1-naphthoyl)indole).
  678         (IX) JWH-071 (1-Ethyl-3-(1-naphthoyl)indole).
  679         (X) JWH-072 (1-Propyl-3-(1-naphthoyl)indole).
  680         (XI) JWH-073 (1-Butyl-3-(1-naphthoyl)indole).
  681         (XII) JWH-080 (1-Butyl-3-(4-methoxy-1-naphthoyl)indole).
  682         (XIII) JWH-081 (1-Pentyl-3-(4-methoxy-1-naphthoyl)indole).
  683         (XIV) JWH-098 (1-Pentyl-2-methyl-3-(4-methoxy-1
  684  naphthoyl)indole).
  685         (XV) JWH-116 (1-Pentyl-2-ethyl-3-(1-naphthoyl)indole).
  686         (XVI) JWH-122 (1-Pentyl-3-(4-methyl-1-naphthoyl)indole).
  687         (XVII) JWH-149 (1-Pentyl-2-methyl-3-(4-methyl-1
  688  naphthoyl)indole).
  689         (XVIII) JWH-164 (1-Pentyl-3-(7-methoxy-1-naphthoyl)indole).
  690         (XIX) JWH-175 (1-Pentyl-3-(1-naphthylmethyl)indole).
  691         (XX) JWH-180 (1-Propyl-3-(4-propyl-1-naphthoyl)indole).
  692         (XXI) JWH-182 (1-Pentyl-3-(4-propyl-1-naphthoyl)indole).
  693         (XXII) JWH-184 (1-Pentyl-3-[(4-methyl)-1
  694  naphthylmethyl]indole).
  695         (XXIII) JWH-193 (1-[2-(4-Morpholinyl)ethyl]-3-(4-methyl-1
  696  naphthoyl)indole).
  697         (XXIV) JWH-198 (1-[2-(4-Morpholinyl)ethyl]-3-(4-methoxy-1
  698  naphthoyl)indole).
  699         (XXV) JWH-200 (1-[2-(4-Morpholinyl)ethyl]-3-(1-naphthoyl)
  700  indole).
  701         (XXVI) JWH-210 (1-Pentyl-3-(4-ethyl-1-naphthoyl)indole).
  702         (XXVII) JWH-387 (1-Pentyl-3-(4-bromo-1-naphthoyl)indole).
  703         (XXVIII) JWH-398 (1-Pentyl-3-(4-chloro-1-naphthoyl)indole).
  704         (XXVIX) JWH-412 (1-Pentyl-3-(4-fluoro-1-naphthoyl)indole).
  705         (XXX) JWH-424 (1-Pentyl-3-(8-bromo-1-naphthoyl)indole).
  706         (XXXI) AM-1220 (1-[(1-Methyl-2-piperidinyl)methyl]-3-(1
  707  naphthoyl)indole).
  708         (XXXII) AM-1235 (1-(5-Fluoropentyl)-6-nitro-3-(1
  709  naphthoyl)indole).
  710         (XXXIII) AM-2201 (1-(5-Fluoropentyl)-3-(1
  711  naphthoyl)indole).
  712         (XXXIV) Chloro JWH-018 (1-(Chloropentyl)-3-(1
  713  naphthoyl)indole).
  714         (XXXV) Bromo JWH-018 (1-(Bromopentyl)-3-(1
  715  naphthoyl)indole).
  716         (XXXVI) AM-2232 (1-(4-Cyanobutyl)-3-(1-naphthoyl)indole).
  717         (XXXVII) THJ-2201 (1-(5-Fluoropentyl)-3-(1
  718  naphthoyl)indazole).
  719         (XXXVIII) MAM-2201 (1-(5-Fluoropentyl)-3-(4-methyl-1
  720  naphthoyl)indole).
  721         (XXXIX) EAM-2201 (1-(5-Fluoropentyl)-3-(4-ethyl-1
  722  naphthoyl)indole).
  723         (XL) EG-018 (9-Pentyl-3-(1-naphthoyl)carbazole).
  724         (XLI) EG-2201 (9-(5-Fluoropentyl)-3-(1
  725  naphthoyl)carbazole).
  726         c. Naphthoylpyrroles. Any compound containing a
  727  naphthoylpyrrole structure, with or without substitution on the
  728  pyrrole ring to any extent, whether or not substituted on the
  729  naphthyl ring to any extent, including, but not limited to:
  730         (I) JWH-030 (1-Pentyl-3-(1-naphthoyl)pyrrole).
  731         (II) JWH-031 (1-Hexyl—3-(1-naphthoyl)pyrrole).
  732         (III) JWH-145 (1-Pentyl-5-phenyl-3-(1-naphthoyl)pyrrole).
  733         (IV) JWH-146 (1-Heptyl-5-phenyl-3-(1-naphthoyl)pyrrole).
  734         (V) JWH-147 (1-Hexyl-5-phenyl-3-(1-naphthoyl)pyrrole).
  735         (VI) JWH-307 (1-Pentyl-5-(2-fluorophenyl)-3-(1
  736  naphthoyl)pyrrole).
  737         (VII) JWH-309 (1-Pentyl-5-(1-naphthalenyl)-3-(1
  738  naphthoyl)pyrrole).
  739         (VIII) JWH-368 (1-Pentyl-5-(3-fluorophenyl)-3-(1
  740  naphthoyl)pyrrole).
  741         (IX) JWH-369 (1-Pentyl-5-(2-chlorophenyl)-3-(1
  742  naphthoyl)pyrrole).
  743         (X) JWH-370 (1-Pentyl-5-(2-methylphenyl)-3-(1
  744  naphthoyl)pyrrole).
  745         d. Naphthylmethylenindenes. Any compound containing a
  746  naphthylmethylenindene structure, with or without substitution
  747  at the 3-position of the indene ring to any extent, whether or
  748  not substituted on the naphthyl ring to any extent, including,
  749  but not limited to, JWH-176 (3-Pentyl-1
  750  (naphthylmethylene)indene).
  751         e. Phenylacetylindoles and Phenylacetylindazoles. Any
  752  compound containing a phenylacetylindole or phenylacetylindazole
  753  structure, with or without substitution on the indole or
  754  indazole ring to any extent, whether or not substituted on the
  755  phenyl ring to any extent, including, but not limited to:
  756         (I) JWH-167 (1-Pentyl-3-(phenylacetyl)indole).
  757         (II) JWH-201 (1-Pentyl-3-(4-methoxyphenylacetyl)indole).
  758         (III) JWH-203 (1-Pentyl-3-(2-chlorophenylacetyl)indole).
  759         (IV) JWH-250 (1-Pentyl-3-(2-methoxyphenylacetyl)indole).
  760         (V) JWH-251 (1-Pentyl-3-(2-methylphenylacetyl)indole).
  761         (VI) JWH-302 (1-Pentyl-3-(3-methoxyphenylacetyl)indole).
  762         (VII) Cannabipiperidiethanone.
  763         (VIII) RCS-8 (1-(2-Cyclohexylethyl)-3-(2
  764  methoxyphenylacetyl)indole).
  765         f. Cyclohexylphenols. Any compound containing a
  766  cyclohexylphenol structure, with or without substitution at the
  767  5-position of the phenolic ring to any extent, whether or not
  768  substituted on the cyclohexyl ring to any extent, including, but
  769  not limited to:
  770         (I) CP 47,497 (2-(3-Hydroxycyclohexyl)-5-(2-methyloctan-2
  771  yl)phenol).
  772         (II) Cannabicyclohexanol (CP 47,497 dimethyloctyl (C8)
  773  homologue).
  774         (III) CP-55,940 (2-(3-Hydroxy-5-propanol-cyclohexyl)-5-(2
  775  methyloctan-2-yl)phenol).
  776         g. Benzoylindoles and Benzoylindazoles. Any compound
  777  containing a benzoylindole or benzoylindazole structure, with or
  778  without substitution on the indole or indazole ring to any
  779  extent, whether or not substituted on the phenyl ring to any
  780  extent, including, but not limited to:
  781         (I) AM-679 (1-Pentyl-3-(2-iodobenzoyl)indole).
  782         (II) AM-694 (1-(5-Fluoropentyl)-3-(2-iodobenzoyl)indole).
  783         (III) AM-1241 (1-[(N-Methyl-2-piperidinyl)methyl]-3-(2
  784  iodo-5-nitrobenzoyl)indole).
  785         (IV) Pravadoline (1-[2-(4-Morpholinyl)ethyl]-2-methyl-3-(4
  786  methoxybenzoyl)indole).
  787         (V) AM-2233 (1-[(N-Methyl-2-piperidinyl)methyl]-3-(2
  788  iodobenzoyl)indole).
  789         (VI) RCS-4 (1-Pentyl-3-(4-methoxybenzoyl)indole).
  790         (VII) RCS-4 C4 homologue (1-Butyl-3-(4
  791  methoxybenzoyl)indole).
  792         (VIII) AM-630 (1-[2-(4-Morpholinyl)ethyl]-2-methyl-6-iodo
  793  3-(4-methoxybenzoyl)indole).
  794         h. Tetramethylcyclopropanoylindoles and
  795  Tetramethylcyclopropanoylindazoles. Any compound containing a
  796  tetramethylcyclopropanoylindole or
  797  tetramethylcyclopropanoylindazole structure, with or without
  798  substitution on the indole or indazole ring to any extent,
  799  whether or not substituted on the tetramethylcyclopropyl group
  800  to any extent, including, but not limited to:
  801         (I) UR-144 (1-Pentyl-3-(2,2,3,3
  802  tetramethylcyclopropanoyl)indole).
  803         (II) XLR11 (1-(5-Fluoropentyl)-3-(2,2,3,3
  804  tetramethylcyclopropanoyl)indole).
  805         (III) Chloro UR-144 (1-(Chloropentyl)-3-(2,2,3,3
  806  tetramethylcyclopropanoyl)indole).
  807         (IV) A-796,260 (1-[2-(4-Morpholinyl)ethyl]-3-(2,2,3,3
  808  tetramethylcyclopropanoyl)indole).
  809         (V) A-834,735 (1-[4-(Tetrahydropyranyl)methyl]-3-(2,2,3,3
  810  tetramethylcyclopropanoyl)indole).
  811         (VI) M-144 (1-(5-Fluoropentyl)-2-methyl-3-(2,2,3,3
  812  tetramethylcyclopropanoyl)indole).
  813         (VII) FUB-144 (1-(4-Fluorobenzyl)-3-(2,2,3,3
  814  tetramethylcyclopropanoyl)indole).
  815         (VIII) FAB-144 (1-(5-Fluoropentyl)-3-(2,2,3,3
  816  tetramethylcyclopropanoyl)indazole).
  817         (IX) XLR12 (1-(4,4,4-Trifluorobutyl)-3-(2,2,3,3
  818  tetramethylcyclopropanoyl)indole).
  819         (X) AB-005 (1-[(1-Methyl-2-piperidinyl)methyl]-3-(2,2,3,3
  820  tetramethylcyclopropanoyl)indole).
  821         i. Adamantoylindoles, Adamantoylindazoles, Adamantylindole
  822  carboxamides, and Adamantylindazole carboxamides. Any compound
  823  containing an adamantoyl indole, adamantoyl indazole, adamantyl
  824  indole carboxamide, or adamantyl indazole carboxamide structure,
  825  with or without substitution on the indole or indazole ring to
  826  any extent, whether or not substituted on the adamantyl ring to
  827  any extent, including, but not limited to:
  828         (I) AKB48 (N-Adamant-1-yl 1-pentylindazole-3-carboxamide).
  829         (II) Fluoro AKB48 (N-Adamant-1-yl 1-(fluoropentyl)indazole
  830  3-carboxamide).
  831         (III) STS-135 (N-Adamant-1-yl 1-(5-fluoropentyl)indole-3
  832  carboxamide).
  833         (IV) AM-1248 (1-(1-Methylpiperidine)methyl-3-(1
  834  adamantoyl)indole).
  835         (V) AB-001 (1-Pentyl-3-(1-adamantoyl)indole).
  836         (VI) APICA (N-Adamant-1-yl 1-pentylindole-3-carboxamide).
  837         (VII)Fluoro AB-001 (1-(Fluoropentyl)-3-(1
  838  adamantoyl)indole).
  839         j.Quinolinylindolecarboxylates,
  840  Quinolinylindazolecarboxylates, Quinolinylindolecarboxamides,
  841  and Quinolinylindazolecarboxamides. Any compound containing a
  842  quinolinylindole carboxylate, quinolinylindazole carboxylate,
  843  isoquinolinylindole carboxylate, isoquinolinylindazole
  844  carboxylate, quinolinylindole carboxamide, quinolinylindazole
  845  carboxamide, isoquinolinylindole carboxamide, or
  846  isoquinolinylindazole carboxamide structure, with or without
  847  substitution on the indole or indazole ring to any extent,
  848  whether or not substituted on the quinoline or isoquinoline ring
  849  to any extent, including, but not limited to:
  850         (I) PB-22 (8-Quinolinyl 1-pentylindole-3-carboxylate).
  851         (II) Fluoro PB-22 (8-Quinolinyl 1-(fluoropentyl)indole-3
  852  carboxylate).
  853         (III) BB-22 (8-Quinolinyl 1-(cyclohexylmethyl)indole-3
  854  carboxylate).
  855         (IV) FUB-PB-22 (8-Quinolinyl 1-(4-fluorobenzyl)indole-3
  856  carboxylate).
  857         (V) NPB-22 (8-Quinolinyl 1-pentylindazole-3-carboxylate).
  858         (VI) Fluoro NPB-22 (8-Quinolinyl 1-(fluoropentyl)indazole
  859  3-carboxylate).
  860         (VII) FUB-NPB-22 (8-Quinolinyl 1-(4-fluorobenzyl)indazole
  861  3-carboxylate).
  862         (VIII) THJ (8-Quinolinyl 1-pentylindazole-3-carboxamide).
  863         (IX) Fluoro THJ (8-Quinolinyl 1-(fluoropentyl)indazole-3
  864  carboxamide).
  865         k. Naphthylindolecarboxylates and
  866  Naphthylindazolecarboxylates. Any compound containing a
  867  naphthylindole carboxylate or naphthylindazole carboxylate
  868  structure, with or without substitution on the indole or
  869  indazole ring to any extent, whether or not substituted on the
  870  naphthyl ring to any extent, including, but not limited to:
  871         (I) NM-2201 (1-Naphthalenyl 1-(5-fluoropentyl)indole-3
  872  carboxylate).
  873         (II) SDB-005 (1-Naphthalenyl 1-pentylindazole-3
  874  carboxylate).
  875         (III) Fluoro SDB-005 (1-Naphthalenyl 1
  876  (fluoropentyl)indazole-3-carboxylate).
  877         (IV) FDU-PB-22 (1-Naphthalenyl 1-(4-fluorobenzyl)indole-3
  878  carboxylate).
  879         (V) 3-CAF (2-Naphthalenyl 1-(2-fluorophenyl)indazole-3
  880  carboxylate).
  881         l. Naphthylindole carboxamides and Naphthylindazole
  882  carboxamides. Any compound containing a naphthylindole
  883  carboxamide or naphthylindazole carboxamide structure, with or
  884  without substitution on the indole or indazole ring to any
  885  extent, whether or not substituted on the naphthyl ring to any
  886  extent, including, but not limited to:
  887         (I) NNEI (N-Naphthalen-1-yl 1-pentylindole-3-carboxamide).
  888         (II) Fluoro-NNEI (N-Naphthalen-1-yl 1-(fluoropentyl)indole
  889  3-carboxamide).
  890         (III) Chloro-NNEI (N-Naphthalen-1-yl 1-(chloropentyl)
  891  indole-3-carboxamide).
  892         (IV) MN-18 (N-Naphthalen-1-yl 1-pentylindazole-3
  893  carboxamide).
  894         (V) Fluoro MN-18 (N-Naphthalen-1-yl 1
  895  (fluoropentyl)indazole-3-carboxamide).
  896         m. Alkylcarbonyl indole carboxamides, Alkylcarbonyl
  897  indazole carboxamides, Alkylcarbonyl indole carboxylates, and
  898  Alkylcarbonyl indazole carboxylates. Any compound containing an
  899  alkylcarbonyl group, including 1-amino-3-methyl-1-oxobutan-2-yl,
  900  1-methoxy-3-methyl-1-oxobutan-2-yl, 1-amino-1-oxo-3
  901  phenylpropan-2-yl, 1-methoxy-1-oxo-3-phenylpropan-2-yl, with an
  902  indole carboxamide, indazole carboxamide, indole carboxylate, or
  903  indazole carboxylate, with or without substitution on the indole
  904  or indazole ring to any extent, whether or not substituted on
  905  the alkylcarbonyl group to any extent, including, but not
  906  limited to:
  907         (I)ADBICA, (N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl)-1
  908  pentylindole-3-carboxamide).
  909         (II)Fluoro ADBICA (N-(1-Amino-3,3-dimethyl-1-oxobutan-2
  910  yl)-1-(fluoropentyl)indole-3-carboxamide).
  911         (III)Fluoro ABICA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1
  912  (fluoropentyl)indole-3-carboxamide).
  913         (IV)AB-PINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1
  914  pentylindazole-3-carboxamide).
  915         (V)Fluoro AB-PINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)
  916  1-(fluoropentyl)indazole-3-carboxamide).
  917         (VI)ADB-PINACA (N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl)
  918  1-pentylindazole-3-carboxamide).
  919         (VII)Fluoro ADB-PINACA (N-(1-Amino-3,3-dimethyl-1
  920  oxobutan-2-yl)-1-(fluoropentyl)indazole-3-carboxamide).
  921         (VIII)AB-FUBINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1
  922  (4-fluorobenzyl)indazole-3-carboxamide).
  923         (IX)ADB-FUBINACA (N-(1-Amino-3,3-dimethyl-1-oxobutan-2
  924  yl)-1-(4-fluorobenzyl)indazole-3-carboxamide).
  925         (X)AB-CHMINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1
  926  (cyclohexylmethyl)indazole-3-carboxamide).
  927         (XI)MA-CHMINACA (N-(1-Methoxy-3-methyl-1-oxobutan-2-yl)-1
  928  (cyclohexylmethyl)indazole-3-carboxamide).
  929         (XII)MAB-CHMINACA (N-(1-Amino-3,3-dimethyl-1-oxobutan-2
  930  yl)-1-(cyclohexylmethyl)indazole-3-carboxamide).
  931         (XIII)AMB (N-(1-Methoxy-3-methyl-1-oxobutan-2-yl)-1
  932  pentylindazole-3-carboxamide).
  933         (XIV)Fluoro AMB (N-(1-Methoxy-3-methyl-1-oxobutan-2-yl)-1
  934  (fluoropentyl)indazole-3-carboxamide).
  935         (XV)FUB-AMB (N-(1-Methoxy-3-methyl-1-oxobutan-2-yl)-1-(4
  936  fluorobenzyl)indazole-3-carboxamide).
  937         (XVI)MDMB-CHMINACA (N-(1-Methoxy-3,3-dimethyl-1-oxobutan
  938  2-yl)-1-(cyclohexylmethyl)indazole-3-carboxamide).
  939         (XVII)MDMB-FUBINACA (N-(1-Methoxy-3,3-dimethyl-1-oxobutan
  940  2-yl)-1-(4-fluorobenzyl)indazole-3-carboxamide).
  941         (XVIII)MDMB-CHMICA (N-(1-Methoxy-3,3-dimethyl-1-oxobutan
  942  2-yl)-1-(cyclohexylmethyl)indole-3-carboxamide).
  943         (XIX) PX-1 (N-(1-Amino-1-oxo-3-phenylpropan-2-yl)-1-(5
  944  fluoropentyl)indole-3-carboxamide).
  945         (XX)PX-2 (N-(1-Amino-1-oxo-3-phenylpropan-2-yl)-1-(5
  946  fluoropentyl)indazole-3-carboxamide).
  947         (XXI)PX-3 (N-(1-Amino-1-oxo-3-phenylpropan-2-yl)-1
  948  (cyclohexylmethyl)indazole-3-carboxamide).
  949         (XXII)PX-4 (N-(1-Amino-1-oxo-3-phenylpropan-2-yl)-1-(4
  950  fluorobenzyl)indazole-3-carboxamide).
  951         (XXIII)MO-CHMINACA (N-(1-Methoxy-3,3-dimethyl-1-oxobutan
  952  2-yl)-1-(cyclohexylmethyl)indazole-3-carboxylate).
  953         n. Cumylindolecarboxamides and Cumylindazolecarboxamides.
  954  Any compound containing a N-(2-phenylpropan-2-yl) indole
  955  carboxamide or N-(2-phenylpropan-2-yl) indazole carboxamide
  956  structure, with or without substitution on the indole or
  957  indazole ring to any extent, whether or not substituted on the
  958  phenyl ring of the cumyl group to any extent, including, but not
  959  limited to:
  960         (I) CUMYL-PICA (N-(2-Phenylpropan-2-yl)-1-pentylindole-3
  961  carboxamide).
  962         (II) Fluoro CUMYL-PICA (N-(2-Phenylpropan-2-yl)-1
  963  (fluoropentyl)indole-3-carboxamide).
  964         o. Other Synthetic Cannabinoids. Any material, compound,
  965  mixture, or preparation that contains any quantity of a
  966  Synthetic Cannabinoid, as described in sub-subparagraphs a.-n.:
  967         (I) With or without modification or replacement of a
  968  carbonyl, carboxamide, alkylene, alkyl, or carboxylate linkage
  969  between either two core rings, or linkage between a core ring
  970  and group structure, with or without the addition of a carbon or
  971  replacement of a carbon;
  972         (II) With or without replacement of a core ring or group
  973  structure, whether or not substituted on the ring or group
  974  structures to any extent; and
  975         (III) Is a cannabinoid receptor agonist, unless
  976  specifically excepted or unless listed in another schedule or
  977  contained within a pharmaceutical product approved by the United
  978  States Food and Drug Administration.
  979         191.Substituted Cathinones. Unless specifically excepted,
  980  listed in another schedule, or contained within a pharmaceutical
  981  product approved by the United States Food and Drug
  982  Administration, any material, compound, mixture, or preparation,
  983  including its salts, isomers, esters, or ethers, and salts of
  984  isomers, esters, or ethers, whenever the existence of such salts
  985  is possible within any of the following specific chemical
  986  designations:
  987         a. Any compound containing a 2-amino-1-phenyl-1 propanone
  988  structure;
  989         b. Any compound containing a 2-amino-1-naphthyl-1-propanone
  990  structure; or
  991         c. Any compound containing a 2-amino-1-thiophene-1
  992  propanone structure,
  993  
  994  whether or not the compound is further modified:
  995         (I) With or without substitution on the ring system to any
  996  extent with alkyl, alkylthio, thio, fused alkylenedioxy, alkoxy,
  997  haloalkyl, hydroxyl, nitro, fused furan, fused benzofuran, fused
  998  dihydrofuran, fused tetrahydropyran, fused alkyl ring, or halide
  999  substituents;
 1000         (II) With or without substitution at the 3-propanone
 1001  position with an alkyl substituent or removal of the methyl
 1002  group at the 3-propanone position;
 1003         (III) With or without substitution at the 2-amino nitrogen
 1004  atom with alkyl, dialkyl, acetyl, or benzyl groups, whether or
 1005  not further substituted in the ring system; or
 1006         (IV) With or without inclusion of the 2-amino nitrogen atom
 1007  in a cyclic structure, including, but not limited to:
 1008         (A) Methcathinone.
 1009         (B) Ethcathinone.
 1010         (C) Methylone (3,4-Methylenedioxymethcathinone).
 1011         (D) 2,3-Methylenedioxymethcathinone.
 1012         (E) MDPV (3,4-Methylenedioxypyrovalerone).
 1013         (F) Methylmethcathinone.
 1014         (G) Methoxymethcathinone.
 1015         (H) Fluoromethcathinone.
 1016         (I) Methylethcathinone.
 1017         (J) Butylone (3,4-Methylenedioxy-alpha
 1018  methylaminobutyrophenone).
 1019         (K) Ethylone (3,4-Methylenedioxy-N-ethylcathinone).
 1020         (L) BMDP (3,4-Methylenedioxy-N-benzylcathinone).
 1021         (M) Naphyrone (Naphthylpyrovalerone).
 1022         (N) Bromomethcathinone.
 1023         (O) Buphedrone (alpha-Methylaminobutyrophenone).
 1024         (P) Eutylone (3,4-Methylenedioxy-alpha
 1025  ethylaminobutyrophenone).
 1026         (Q) Dimethylcathinone.
 1027         (R) Dimethylmethcathinone.
 1028         (S) Pentylone (3,4-Methylenedioxy-alpha
 1029  methylaminovalerophenone).
 1030         (T) Pentedrone (alpha-Methylaminovalerophenone).
 1031         (U) MDPPP (3,4-Methylenedioxy-alpha
 1032  pyrrolidinopropiophenone).
 1033         (V) MDPBP (3,4-Methylenedioxy-alpha
 1034  pyrrolidinobutyrophenone).
 1035         (W) MPPP (Methyl-alpha-pyrrolidinopropiophenone).
 1036         (X) PPP (Pyrrolidinopropiophenone).
 1037         (Y) PVP (Pyrrolidinovalerophenone) or
 1038  (Pyrrolidinopentiophenone).
 1039         (Z) MOPPP (Methoxy-alpha-pyrrolidinopropiophenone).
 1040         (AA) MPHP (Methyl-alpha-pyrrolidinohexanophenone).
 1041         (BB) F-MABP (Fluoromethylaminobutyrophenone).
 1042         (CC) Me-EABP (Methylethylaminobutyrophenone).
 1043         (DD) PBP (Pyrrolidinobutyrophenone).
 1044         (EE) MeO-PBP (Methoxypyrrolidinobutyrophenone).
 1045         (FF) Et-PBP (Ethylpyrrolidinobutyrophenone).
 1046         (GG) 3-Me-4-MeO-MCAT (3-Methyl-4-Methoxymethcathinone).
 1047         (HH) Dimethylone (3,4-Methylenedioxy-N,N
 1048  dimethylcathinone).
 1049         (II) 3,4-Methylenedioxy-N,N-diethylcathinone.
 1050         (JJ) 3,4-Methylenedioxy-N-acetylcathinone.
 1051         (KK) 3,4-Methylenedioxy-N-acetylmethcathinone.
 1052         (LL) 3,4-Methylenedioxy-N-acetylethcathinone.
 1053         (MM) Methylbuphedrone (Methyl-alpha
 1054  methylaminobutyrophenone).
 1055         (NN) Methyl-alpha-methylaminohexanophenone.
 1056         (OO) N-Ethyl-N-methylcathinone.
 1057         (PP) PHP (Pyrrolidinohexanophenone).
 1058         (QQ) PV8 (Pyrrolidinoheptanophenone).
 1059         (RR) Chloromethcathinone.
 1060         (SS) 4-Bromo-2,5-dimethoxy-alpha-aminoacetophenone.
 1061         192. Substituted Phenethylamines. Unless specifically
 1062  excepted or unless listed in another schedule, or contained
 1063  within a pharmaceutical product approved by the United States
 1064  Food and Drug Administration, any material, compound, mixture,
 1065  or preparation, including its salts, isomers, esters, or ethers,
 1066  and salts of isomers, esters, or ethers, whenever the existence
 1067  of such salts is possible within any of the following specific
 1068  chemical designations, any compound containing a phenethylamine
 1069  structure, without a beta-keto group, and without a benzyl group
 1070  attached to the amine group, whether or not the compound is
 1071  further modified with or without substitution on the phenyl ring
 1072  to any extent with alkyl, alkylthio, nitro, alkoxy, thio,
 1073  halide, fused alkylenedioxy, fused furan, fused benzofuran,
 1074  fused dihydrofuran, or fused tetrahydropyran substituents,
 1075  whether or not further substituted on a ring to any extent, with
 1076  or without substitution at the alpha or beta position by any
 1077  alkyl substituent, with or without substitution at the nitrogen
 1078  atom, and with or without inclusion of the 2-amino nitrogen atom
 1079  in a cyclic structure, including, but not limited to:
 1080         a. 2C-B (4-Bromo-2,5-dimethoxyphenethylamine).
 1081         b. 2C-E (4-Ethyl-2,5-dimethoxyphenethylamine).
 1082         c. 2C-T-4 (4-Isopropylthio-2,5-dimethoxyphenethylamine).
 1083         d. 2C-C (4-Chloro-2,5-dimethoxyphenethylamine).
 1084         e. 2C-T (4-Methylthio-2,5-dimethoxyphenethylamine).
 1085         f. 2C-T-2 (4-Ethylthio-2,5-dimethoxyphenethylamine).
 1086         g. 2C-T-7 (4-(n)-Propylthio-2,5-dimethoxyphenethylamine).
 1087         h. 2C-I (4-Iodo-2,5-dimethoxyphenethylamine).
 1088         i. 2C-D (4-Methyl-2,5-dimethoxyphenethylamine).
 1089         j. 2C-H (2,5-Dimethoxyphenethylamine).
 1090         k. 2C-N (4-Nitro-2,5-dimethoxyphenethylamine).
 1091         l. 2C-P (4-(n)-Propyl-2,5-dimethoxyphenethylamine).
 1092         m. MDMA (3,4-Methylenedioxymethamphetamine).
 1093         n. MBDB (Methylbenzodioxolylbutanamine) or (3,4
 1094  Methylenedioxy-N-methylbutanamine).
 1095         o. MDA (3,4-Methylenedioxyamphetamine).
 1096         p. 2,5-Dimethoxyamphetamine.
 1097         q.Fluoroamphetamine.
 1098         r.Fluoromethamphetamine.
 1099         s. MDEA (3,4-Methylenedioxy-N-ethylamphetamine).
 1100         t. DOB (4-Bromo-2,5-dimethoxyamphetamine).
 1101         u. DOC (4-Chloro-2,5-dimethoxyamphetamine).
 1102         v.DOET (4-Ethyl-2,5-dimethoxyamphetamine).
 1103         w. DOI (4-Iodo-2,5-dimethoxyamphetamine).
 1104         x. DOM (4-Methyl-2,5-dimethoxyamphetamine).
 1105         y. PMA (4-Methoxyamphetamine).
 1106         z. N-Ethylamphetamine.
 1107         aa. N-Hydroxy-3,4-methylenedioxyamphetamine.
 1108         bb. 5-Methoxy-3,4-methylenedioxyamphetamine.
 1109         cc. PMMA (4-Methoxymethamphetamine).
 1110         dd. N,N-Dimethylamphetamine.
 1111         ee. 3,4,5-Trimethoxyamphetamine.
 1112         ff. 4-APB (4-(2-Aminopropyl)benzofuran).
 1113         gg. 5-APB (5-(2-Aminopropyl)benzofuran).
 1114         hh.6-APB (6-(2-Aminopropyl)benzofuran).
 1115         ii. 7-APB (7-(2-Aminopropyl)benzofuran).
 1116         jj. 4-APDB (4-(2-Aminopropyl)-2,3-dihydrobenzofuran).
 1117         kk. 5-APDB (5-(2-Aminopropyl)-2,3-dihydrobenzofuran).
 1118         ll. 6-APDB (6-(2-Aminopropyl)-2,3-dihydrobenzofuran).
 1119         mm. 7-APDB (7-(2-Aminopropyl)-2,3-dihydrobenzofuran).
 1120         nn. 4-MAPB (4-(2-Methylaminopropyl)benzofuran).
 1121         oo.5-MAPB (5-(2-Methylaminopropyl)benzofuran).
 1122         pp. 6-MAPB (6-(2-Methylaminopropyl)benzofuran).
 1123         qq. 7-MAPB (7-(2-Methylaminopropyl)benzofuran).
 1124         rr.5-EAPB (5-(2-Ethylaminopropyl)benzofuran).
 1125         ss. 5-MAPDB (5-(2-Methylaminopropyl)-2,3
 1126  dihydrobenzofuran),
 1127  
 1128  which does not include phenethylamine, mescaline as described in
 1129  subparagraph (1)(c)20., substituted cathinones as described in
 1130  subparagraph (1)(c)191., N-Benzyl phenethylamine compounds as
 1131  described in subparagraph (1)(c)193., or methamphetamine as
 1132  described in subparagraph (2)(c)4.
 1133         193. N-Benzyl Phenethylamine Compounds. Unless specifically
 1134  excepted or unless listed in another schedule, or contained
 1135  within a pharmaceutical product approved by the United States
 1136  Food and Drug Administration, any material, compound, mixture,
 1137  or preparation, including its salts, isomers, esters, or ethers,
 1138  and salts of isomers, esters, or ethers, whenever the existence
 1139  of such salts is possible within any of the following specific
 1140  chemical designations, any compound containing a phenethylamine
 1141  structure without a beta-keto group, with substitution on the
 1142  nitrogen atom of the amino group with a benzyl substituent, with
 1143  or without substitution on the phenyl or benzyl ring to any
 1144  extent with alkyl, alkoxy, thio, alkylthio, halide, fused
 1145  alkylenedioxy, fused furan, fused benzofuran, or fused
 1146  tetrahydropyran substituents, whether or not further substituted
 1147  on a ring to any extent, with or without substitution at the
 1148  alpha position by any alkyl substituent, including, but not
 1149  limited to:
 1150         a. 25B-NBOMe (4-Bromo-2,5-dimethoxy-[N-(2
 1151  methoxybenzyl)]phenethylamine).
 1152         b. 25B-NBOH (4-Bromo-2,5-dimethoxy-[N-(2
 1153  hydroxybenzyl)]phenethylamine).
 1154         c. 25B-NBF (4-Bromo-2,5-dimethoxy-[N-(2
 1155  fluorobenzyl)]phenethylamine).
 1156         d. 25B-NBMD (4-Bromo-2,5-dimethoxy-[N-(2,3
 1157  methylenedioxybenzyl)]phenethylamine).
 1158         e. 25I-NBOMe (4-Iodo-2,5-dimethoxy-[N-(2
 1159  methoxybenzyl)]phenethylamine).
 1160         f. 25I-NBOH (4-Iodo-2,5-dimethoxy-[N-(2
 1161  hydroxybenzyl)]phenethylamine).
 1162         g. 25I-NBF (4-Iodo-2,5-dimethoxy-[N-(2
 1163  fluorobenzyl)]phenethylamine).
 1164         h. 25I-NBMD (4-Iodo-2,5-dimethoxy-[N-(2,3
 1165  methylenedioxybenzyl)]phenethylamine).
 1166         i. 25T2-NBOMe (4-Methylthio-2,5-dimethoxy-[N-(2
 1167  methoxybenzyl)]phenethylanamine).
 1168         j. 25T4-NBOMe (4-Isopropylthio-2,5-dimethoxy-[N-(2
 1169  methoxybenzyl)]phenethylanamine).
 1170         k. 25T7-NBOMe (4-(n)-Propylthio-2,5-dimethoxy-[N-(2
 1171  methoxybenzyl)]phenethylanamine).
 1172         l. 25C-NBOMe (4-Chloro-2,5-dimethoxy-[N-(2
 1173  methoxybenzyl)]phenethylamine).
 1174         m. 25C-NBOH (4-Chloro-2,5-dimethoxy-[N-(2
 1175  hydroxybenzyl)]phenethylamine).
 1176         n. 25C-NBF (4-Chloro-2,5-dimethoxy-[N-(2
 1177  fluorobenzyl)]phenethylamine).
 1178         o. 25C-NBMD (4-Chloro-2,5-dimethoxy-[N-(2,3
 1179  methylenedioxybenzyl)]phenethylamine).
 1180         p. 25H-NBOMe (2,5-Dimethoxy-[N-(2
 1181  methoxybenzyl)]phenethylamine).
 1182         q. 25H-NBOH (2,5-Dimethoxy-[N-(2
 1183  hydroxybenzyl)]phenethylamine).
 1184         r. 25H-NBF (2,5-Dimethoxy-[N-(2
 1185  fluorobenzyl)]phenethylamine).
 1186         s. 25D-NBOMe (4-Methyl-2,5-dimethoxy-[N-(2
 1187  methoxybenzyl)]phenethylamine),
 1188  
 1189  which does not include substituted cathinones as described in
 1190  subparagraph (1)(c)191.
 1191         194.Substituted Tryptamines. Unless specifically excepted
 1192  or unless listed in another schedule, or contained within a
 1193  pharmaceutical product approved by the United States Food and
 1194  Drug Administration, any material, compound, mixture, or
 1195  preparation containing a 2-(1H-indol-3-yl)ethanamine, for
 1196  example tryptamine, structure with or without mono- or di
 1197  substitution of the amine nitrogen with alkyl or alkenyl groups,
 1198  or by inclusion of the amino nitrogen atom in a cyclic
 1199  structure, whether or not substituted at the alpha position with
 1200  an alkyl group, whether or not substituted on the indole ring to
 1201  any extent with any alkyl, alkoxy, halo, hydroxyl, or acetoxy
 1202  groups, including, but not limited to:
 1203         a. Alpha-Ethyltryptamine.
 1204         b. Bufotenine.
 1205         c. DET (Diethyltryptamine).
 1206         d. DMT (Dimethyltryptamine).
 1207         e. MET (N-Methyl-N-ethyltryptamine).
 1208         f. DALT (N,N-Diallyltryptamine).
 1209         g. EiPT (N-Ethyl-N-isopropyltryptamine).
 1210         h. MiPT (N-Methyl-N-isopropyltryptamine).
 1211         i. 5-Hydroxy-AMT (5-Hydroxy-alpha-methyltryptamine).
 1212         j. 5-Hydroxy-N-methyltryptamine.
 1213         k. 5-MeO-MiPT (5-Methoxy-N-methyl-N-isopropyltryptamine).
 1214         l. 5-MeO-AMT (5-Methoxy-alpha-methyltryptamine).
 1215         m. Methyltryptamine.
 1216         n. 5-MeO-DMT (5-Methoxy-N,N-dimethyltryptamine).
 1217         o. 5-Me-DMT (5-Methyl-N,N-dimethyltryptamine).
 1218         p. 5-MeO-DiPT (5-Methoxy-N,N-Diisopropyltryptamine).
 1219         q. DiPT (N,N-Diisopropyltryptamine).
 1220         r. DPT (N,N-Dipropyltryptamine).
 1221         s. 4-Hydroxy-DiPT (4-Hydroxy-N,N-diisopropyltryptamine).
 1222         t. 5-MeO-DALT (5-Methoxy-N,N-Diallyltryptamine).
 1223         u.4-AcO-DMT (4-Acetoxy-N,N-dimethyltryptamine).
 1224         v.4-AcO-DiPT (4-Acetoxy-N,N-diisopropyltryptamine).
 1225         w.4-Hydroxy-DET (4-Hydroxy-N,N-diethyltryptamine).
 1226         x. 4-Hydroxy-MET (4-Hydroxy-N-methyl-N-ethyltryptamine).
 1227         y. 4-Hydroxy-MiPT (4-Hydroxy-N-methyl-N
 1228  isopropyltryptamine).
 1229         z. Methyl-alpha-ethyltryptamine.
 1230         aa. Bromo-DALT (Bromo-N,N-diallyltryptamine),
 1231  
 1232  which does not include tryptamine, psilocyn as described in
 1233  subparagraph (1)(c)34., or psilocybin as described in
 1234  subparagraph (1)(c)33.
 1235         195. Substituted Phenylcyclohexylamines. Unless
 1236  specifically excepted or unless listed in another schedule, or
 1237  contained within a pharmaceutical product approved by the United
 1238  States Food and Drug Administration, any material, compound,
 1239  mixture, or preparation containing a phenylcyclohexylamine
 1240  structure, with or without any substitution on the phenyl ring,
 1241  any substitution on the cyclohexyl ring, any replacement of the
 1242  phenyl ring with a thiophenyl or benzothiophenyl ring, with or
 1243  without substitution on the amine with alkyl, dialkyl, or alkoxy
 1244  substitutients, inclusion of the nitrogen in a cyclic structure,
 1245  or any combination of the above, including, but not limited to:
 1246         a. BTCP (Benzothiophenylcyclohexylpiperidine) or BCP
 1247  (Benocyclidine).
 1248         b. PCE (N-Ethyl-1-phenylcyclohexylamine)(Ethylamine analog
 1249  of phencyclidine).
 1250         c. PCPY (N-(1-Phenylcyclohexyl)-pyrrolidine)(Pyrrolidine
 1251  analog of phencyclidine).
 1252         d. PCPr (Phenylcyclohexylpropylamine).
 1253         e. TCP (1-[1-(2-Thienyl)-cyclohexyl]-piperidine)(Thiophene
 1254  analog of phencyclidine).
 1255         f. PCEEA (Phenylcyclohexyl(ethoxyethylamine)).
 1256         g. PCMPA (Phenylcyclohexyl(methoxypropylamine)).
 1257         h. Methoxetamine.
 1258         i. 3-Methoxy-PCE ((3-Methoxyphenyl)cyclohexylethylamine).
 1259         j. Bromo-PCP ((Bromophenyl)cyclohexylpiperidine).
 1260         k. Chloro-PCP ((Chlorophenyl)cyclohexylpiperidine).
 1261         l. Fluoro-PCP ((Fluorophenyl)cyclohexylpiperidine).
 1262         m. Hydroxy-PCP ((Hydroxyphenyl)cyclohexylpiperidine).
 1263         n. Methoxy-PCP ((Methoxyphenyl)cyclohexylpiperidine).
 1264         o. Methyl-PCP ((Methylphenyl)cyclohexylpiperidine).
 1265         p.Nitro-PCP ((Nitrophenyl)cyclohexylpiperidine).
 1266         q. Oxo-PCP ((Oxophenyl)cyclohexylpiperidine).
 1267         r. Amino-PCP ((Aminophenyl)cyclohexylpiperidine).
 1268         (d) Unless specifically excepted or unless listed in
 1269  another schedule, any material, compound, mixture, or
 1270  preparation that which contains any quantity of the following
 1271  substances, including any of its salts, isomers, optical
 1272  isomers, salts of their isomers, and salts of these optical
 1273  isomers whenever the existence of such isomers and salts is
 1274  possible within the specific chemical designation:
 1275         1. 1,4-Butanediol.
 1276         2. Gamma-butyrolactone (GBL).
 1277         3. Gamma-hydroxybutyric acid (GHB).
 1278         4. Methaqualone.
 1279         5. Mecloqualone.
 1280         (2) SCHEDULE II.—A substance in Schedule II has a high
 1281  potential for abuse and has a currently accepted but severely
 1282  restricted medical use in treatment in the United States, and
 1283  abuse of the substance may lead to severe psychological or
 1284  physical dependence. The following substances are controlled in
 1285  Schedule II:
 1286         (a) Unless specifically excepted or unless listed in
 1287  another schedule, any of the following substances, whether
 1288  produced directly or indirectly by extraction from substances of
 1289  vegetable origin or independently by means of chemical
 1290  synthesis:
 1291         1. Opium and any salt, compound, derivative, or preparation
 1292  of opium, except nalmefene or isoquinoline alkaloids of opium,
 1293  including, but not limited to the following:
 1294         a. Raw opium.
 1295         b. Opium extracts.
 1296         c. Opium fluid extracts.
 1297         d. Powdered opium.
 1298         e. Granulated opium.
 1299         f. Tincture of opium.
 1300         g. Codeine.
 1301         h. Ethylmorphine.
 1302         i. Etorphine hydrochloride.
 1303         j. Hydrocodone.
 1304         k. Hydromorphone.
 1305         l. Levo-alphacetylmethadol (also known as levo-alpha
 1306  acetylmethadol, levomethadyl acetate, or LAAM).
 1307         m. Metopon (methyldihydromorphinone).
 1308         n. Morphine.
 1309         o. Oxycodone.
 1310         p. Oxymorphone.
 1311         q. Thebaine.
 1312         2. Any salt, compound, derivative, or preparation of a
 1313  substance which is chemically equivalent to or identical with
 1314  any of the substances referred to in subparagraph 1., except
 1315  that these substances shall not include the isoquinoline
 1316  alkaloids of opium.
 1317         3. Any part of the plant of the species Papaver somniferum,
 1318  L.
 1319         4. Cocaine or ecgonine, including any of their
 1320  stereoisomers, and any salt, compound, derivative, or
 1321  preparation of cocaine or ecgonine.
 1322         (b) Unless specifically excepted or unless listed in
 1323  another schedule, any of the following substances, including
 1324  their isomers, esters, ethers, salts, and salts of isomers,
 1325  esters, and ethers, whenever the existence of such isomers,
 1326  esters, ethers, and salts is possible within the specific
 1327  chemical designation:
 1328         1. Alfentanil.
 1329         2. Alphaprodine.
 1330         3. Anileridine.
 1331         4. Bezitramide.
 1332         5. Bulk propoxyphene (nondosage forms).
 1333         6. Carfentanil.
 1334         7. Dihydrocodeine.
 1335         8. Diphenoxylate.
 1336         9. Fentanyl.
 1337         10. Isomethadone.
 1338         11. Levomethorphan.
 1339         12. Levorphanol.
 1340         13. Metazocine.
 1341         14. Methadone.
 1342         15. Methadone-Intermediate,4-cyano-2-
 1343  dimethylamino-4,4-diphenylbutane.
 1344         16. Moramide-Intermediate,2-methyl-
 1345  3-morpholoino-1,1-diphenylpropane-carboxylic acid.
 1346         17. Nabilone.
 1347         18. Pethidine (meperidine).
 1348         19. Pethidine-Intermediate-A,4-cyano-1-
 1349  methyl-4-phenylpiperidine.
 1350         20. Pethidine-Intermediate-B,ethyl-4-
 1351  phenylpiperidine-4-carboxylate.
 1352         21. Pethidine-Intermediate-C,1-methyl-4- phenylpiperidine
 1353  4-carboxylic acid.
 1354         22. Phenazocine.
 1355         23. Phencyclidine.
 1356         24. 1-Phenylcyclohexylamine.
 1357         25. Piminodine.
 1358         26. 1-Piperidinocyclohexanecarbonitrile.
 1359         27. Racemethorphan.
 1360         28. Racemorphan.
 1361         29. Sufentanil.
 1362         (c) Unless specifically excepted or unless listed in
 1363  another schedule, any material, compound, mixture, or
 1364  preparation which contains any quantity of the following
 1365  substances, including their salts, isomers, optical isomers,
 1366  salts of their isomers, and salts of their optical isomers:
 1367         1. Amobarbital.
 1368         2. Amphetamine.
 1369         3. Glutethimide.
 1370         4. Methamphetamine.
 1371         5. Methylphenidate.
 1372         6. Pentobarbital.
 1373         7. Phenmetrazine.
 1374         8. Phenylacetone.
 1375         9. Secobarbital.
 1376         (3) SCHEDULE III.—A substance in Schedule III has a
 1377  potential for abuse less than the substances contained in
 1378  Schedules I and II and has a currently accepted medical use in
 1379  treatment in the United States, and abuse of the substance may
 1380  lead to moderate or low physical dependence or high
 1381  psychological dependence or, in the case of anabolic steroids,
 1382  may lead to physical damage. The following substances are
 1383  controlled in Schedule III:
 1384         (a) Unless specifically excepted or unless listed in
 1385  another schedule, any material, compound, mixture, or
 1386  preparation which contains any quantity of the following
 1387  substances having a depressant or stimulant effect on the
 1388  nervous system:
 1389         1. Any substance which contains any quantity of a
 1390  derivative of barbituric acid, including thiobarbituric acid, or
 1391  any salt of a derivative of barbituric acid or thiobarbituric
 1392  acid, including, but not limited to, butabarbital and
 1393  butalbital.
 1394         2. Benzphetamine.
 1395         3. Chlorhexadol.
 1396         4. Chlorphentermine.
 1397         5. Clortermine.
 1398         6. Lysergic acid.
 1399         7. Lysergic acid amide.
 1400         8. Methyprylon.
 1401         9. Phendimetrazine.
 1402         10. Sulfondiethylmethane.
 1403         11. Sulfonethylmethane.
 1404         12. Sulfonmethane.
 1405         13. Tiletamine and zolazepam or any salt thereof.
 1406         (b) Nalorphine.
 1407         (c) Unless specifically excepted or unless listed in
 1408  another schedule, any material, compound, mixture, or
 1409  preparation containing limited quantities of any of the
 1410  following controlled substances or any salts thereof:
 1411         1. Not more than 1.8 grams of codeine per 100 milliliters
 1412  or not more than 90 milligrams per dosage unit, with an equal or
 1413  greater quantity of an isoquinoline alkaloid of opium.
 1414         2. Not more than 1.8 grams of codeine per 100 milliliters
 1415  or not more than 90 milligrams per dosage unit, with recognized
 1416  therapeutic amounts of one or more active ingredients which are
 1417  not controlled substances.
 1418         3. Not more than 300 milligrams of hydrocodone per 100
 1419  milliliters or not more than 15 milligrams per dosage unit, with
 1420  a fourfold or greater quantity of an isoquinoline alkaloid of
 1421  opium.
 1422         4. Not more than 300 milligrams of hydrocodone per 100
 1423  milliliters or not more than 15 milligrams per dosage unit, with
 1424  recognized therapeutic amounts of one or more active ingredients
 1425  that are not controlled substances.
 1426         5. Not more than 1.8 grams of dihydrocodeine per 100
 1427  milliliters or not more than 90 milligrams per dosage unit, with
 1428  recognized therapeutic amounts of one or more active ingredients
 1429  which are not controlled substances.
 1430         6. Not more than 300 milligrams of ethylmorphine per 100
 1431  milliliters or not more than 15 milligrams per dosage unit, with
 1432  one or more active, nonnarcotic ingredients in recognized
 1433  therapeutic amounts.
 1434         7. Not more than 50 milligrams of morphine per 100
 1435  milliliters or per 100 grams, with recognized therapeutic
 1436  amounts of one or more active ingredients which are not
 1437  controlled substances.
 1438  
 1439  For purposes of charging a person with a violation of s. 893.135
 1440  involving any controlled substance described in subparagraph 3.
 1441  or subparagraph 4., the controlled substance is a Schedule III
 1442  controlled substance pursuant to this paragraph but the weight
 1443  of the controlled substance per milliliters or per dosage unit
 1444  is not relevant to the charging of a violation of s. 893.135.
 1445  The weight of the controlled substance shall be determined
 1446  pursuant to s. 893.135(6).
 1447         (d) Anabolic steroids.
 1448         1. The term “anabolic steroid” means any drug or hormonal
 1449  substance, chemically and pharmacologically related to
 1450  testosterone, other than estrogens, progestins, and
 1451  corticosteroids, that promotes muscle growth and includes:
 1452         a. Androsterone.
 1453         b. Androsterone acetate.
 1454         c. Boldenone.
 1455         d. Boldenone acetate.
 1456         e. Boldenone benzoate.
 1457         f. Boldenone undecylenate.
 1458         g. Chlorotestosterone (Clostebol) (4-chlortestosterone).
 1459         h. Clostebol.
 1460         h.i. Dehydrochlormethyltestosterone.
 1461         i.j. Dihydrotestosterone (Stanolone) (4
 1462  dihydrotestosterone).
 1463         j.k. Drostanolone.
 1464         k.l. Ethylestrenol.
 1465         l.m. Fluoxymesterone.
 1466         m.n. Formebulone (Formebolone).
 1467         n.o. Mesterolone.
 1468         o.p.Methandrostenolone (Methandienone).
 1469         p.q. Methandranone.
 1470         q.r. Methandriol.
 1471         s. Methandrostenolone.
 1472         r.t. Methenolone.
 1473         s.u. Methyltestosterone.
 1474         t.v. Mibolerone.
 1475         u.w.Nortestosterone (Nandrolone).
 1476         v.x. Norethandrolone.
 1477         y.Nortestosterone.
 1478         w.z. Nortestosterone decanoate.
 1479         x.aa. Nortestosterone phenylpropionate.
 1480         y.bb. Nortestosterone propionate.
 1481         z.cc. Oxandrolone.
 1482         aa.dd. Oxymesterone.
 1483         bb.ee. Oxymetholone.
 1484         ff. Stanolone.
 1485         cc.gg. Stanozolol.
 1486         dd.hh. Testolactone.
 1487         ee.ii. Testosterone.
 1488         ff.jj. Testosterone acetate.
 1489         gg.kk. Testosterone benzoate.
 1490         hh.ll. Testosterone cypionate.
 1491         ii.mm. Testosterone decanoate.
 1492         jj.nn. Testosterone enanthate.
 1493         kk.oo. Testosterone isocaproate.
 1494         ll.pp. Testosterone oleate.
 1495         mm.qq. Testosterone phenylpropionate.
 1496         nn.rr. Testosterone propionate.
 1497         oo.ss. Testosterone undecanoate.
 1498         pp.tt. Trenbolone.
 1499         qq.uu. Trenbolone acetate.
 1500         rr.vv. Any salt, ester, or isomer of a drug or substance
 1501  described or listed in this subparagraph if that salt, ester, or
 1502  isomer promotes muscle growth.
 1503         2. The term does not include an anabolic steroid that is
 1504  expressly intended for administration through implants to cattle
 1505  or other nonhuman species and that has been approved by the
 1506  United States Secretary of Health and Human Services for such
 1507  administration. However, any person who prescribes, dispenses,
 1508  or distributes such a steroid for human use is considered to
 1509  have prescribed, dispensed, or distributed an anabolic steroid
 1510  within the meaning of this paragraph.
 1511         (e) Ketamine, including any isomers, esters, ethers, salts,
 1512  and salts of isomers, esters, and ethers, whenever the existence
 1513  of such isomers, esters, ethers, and salts is possible within
 1514  the specific chemical designation.
 1515         (f) Dronabinol (synthetic THC) in sesame oil and
 1516  encapsulated in a soft gelatin capsule in a drug product
 1517  approved by the United States Food and Drug Administration.
 1518         (g) Any drug product containing gamma-hydroxybutyric acid,
 1519  including its salts, isomers, and salts of isomers, for which an
 1520  application is approved under s. 505 of the Federal Food, Drug,
 1521  and Cosmetic Act.
 1522         (4) SCHEDULE IV.—A substance in Schedule IV has a low
 1523  potential for abuse relative to the substances in Schedule III
 1524  and has a currently accepted medical use in treatment in the
 1525  United States, and abuse of the substance may lead to limited
 1526  physical or psychological dependence relative to the substances
 1527  in Schedule III. Unless specifically excepted or unless listed
 1528  in another schedule, any material, compound, mixture, or
 1529  preparation which contains any quantity of the following
 1530  substances, including its salts, isomers, and salts of isomers
 1531  whenever the existence of such salts, isomers, and salts of
 1532  isomers is possible within the specific chemical designation,
 1533  are controlled in Schedule IV:
 1534         (a) Alprazolam.
 1535         (b) Barbital.
 1536         (c) Bromazepam.
 1537         (d) Camazepam.
 1538         (e) Cathine.
 1539         (f) Chloral betaine.
 1540         (g) Chloral hydrate.
 1541         (h) Chlordiazepoxide.
 1542         (i) Clobazam.
 1543         (j) Clonazepam.
 1544         (k) Clorazepate.
 1545         (l) Clotiazepam.
 1546         (m) Cloxazolam.
 1547         (n) Delorazepam.
 1548         (o) Propoxyphene (dosage forms).
 1549         (p) Diazepam.
 1550         (q) Diethylpropion.
 1551         (r) Estazolam.
 1552         (s) Ethchlorvynol.
 1553         (t) Ethinamate.
 1554         (u) Ethyl loflazepate.
 1555         (v) Fencamfamin.
 1556         (w) Fenfluramine.
 1557         (x) Fenproporex.
 1558         (y) Fludiazepam.
 1559         (z) Flurazepam.
 1560         (aa) Halazepam.
 1561         (bb) Haloxazolam.
 1562         (cc) Ketazolam.
 1563         (dd) Loprazolam.
 1564         (ee) Lorazepam.
 1565         (ff) Lormetazepam.
 1566         (gg) Mazindol.
 1567         (hh) Mebutamate.
 1568         (ii) Medazepam.
 1569         (jj) Mefenorex.
 1570         (kk) Meprobamate.
 1571         (ll) Methohexital.
 1572         (mm) Methylphenobarbital.
 1573         (nn) Midazolam.
 1574         (oo) Nimetazepam.
 1575         (pp) Nitrazepam.
 1576         (qq) Nordiazepam.
 1577         (rr) Oxazepam.
 1578         (ss) Oxazolam.
 1579         (tt) Paraldehyde.
 1580         (uu) Pemoline.
 1581         (vv) Pentazocine.
 1582         (ww) Phenobarbital.
 1583         (xx) Phentermine.
 1584         (yy) Pinazepam.
 1585         (zz) Pipradrol.
 1586         (aaa) Prazepam.
 1587         (bbb) Propylhexedrine, excluding any patent or proprietary
 1588  preparation containing propylhexedrine, unless otherwise
 1589  provided by federal law.
 1590         (ccc) Quazepam.
 1591         (ddd) Tetrazepam.
 1592         (eee) SPA[(-)-1 dimethylamino-1, 2
 1593  diphenylethane].
 1594         (fff) Temazepam.
 1595         (ggg) Triazolam.
 1596         (hhh) Not more than 1 milligram of difenoxin and not less
 1597  than 25 micrograms of atropine sulfate per dosage unit.
 1598         (iii) Butorphanol tartrate.
 1599         (jjj) Carisoprodol.
 1600         (5) SCHEDULE V.—A substance, compound, mixture, or
 1601  preparation of a substance in Schedule V has a low potential for
 1602  abuse relative to the substances in Schedule IV and has a
 1603  currently accepted medical use in treatment in the United
 1604  States, and abuse of such compound, mixture, or preparation may
 1605  lead to limited physical or psychological dependence relative to
 1606  the substances in Schedule IV.
 1607         (a) Substances controlled in Schedule V include any
 1608  compound, mixture, or preparation containing any of the
 1609  following limited quantities of controlled substances, which
 1610  shall include one or more active medicinal ingredients which are
 1611  not controlled substances in sufficient proportion to confer
 1612  upon the compound, mixture, or preparation valuable medicinal
 1613  qualities other than those possessed by the controlled substance
 1614  alone:
 1615         1. Not more than 200 milligrams of codeine per 100
 1616  milliliters or per 100 grams.
 1617         2. Not more than 100 milligrams of dihydrocodeine per 100
 1618  milliliters or per 100 grams.
 1619         3. Not more than 100 milligrams of ethylmorphine per 100
 1620  milliliters or per 100 grams.
 1621         4. Not more than 2.5 milligrams of diphenoxylate and not
 1622  less than 25 micrograms of atropine sulfate per dosage unit.
 1623         5. Not more than 100 milligrams of opium per 100
 1624  milliliters or per 100 grams.
 1625         (b) Narcotic drugs. Unless specifically excepted or unless
 1626  listed in another schedule, any material, compound, mixture, or
 1627  preparation containing any of the following narcotic drugs and
 1628  their salts: Buprenorphine.
 1629         (c) Stimulants. Unless specifically excepted or unless
 1630  listed in another schedule, any material, compound, mixture, or
 1631  preparation which contains any quantity of the following
 1632  substances having a stimulant effect on the central nervous
 1633  system, including its salts, isomers, and salts of isomers:
 1634  Pyrovalerone.
 1635         Section 3. Section 893.033, Florida Statutes, is amended to
 1636  read:
 1637         893.033 Listed chemicals.—The chemicals listed in this
 1638  section are included by whatever official, common, usual,
 1639  chemical, or trade name designated.
 1640         (1) PRECURSOR CHEMICALS.—The term “listed precursor
 1641  chemical” means a chemical that may be used in manufacturing a
 1642  controlled substance in violation of this chapter and is
 1643  critical to the creation of the controlled substance, and such
 1644  term includes any salt, optical isomer, or salt of an optical
 1645  isomer, whenever the existence of such salt, optical isomer, or
 1646  salt of optical isomer is possible within the specific chemical
 1647  designation. The following are “listed precursor chemicals”:
 1648         (a) Anthranilic acid.
 1649         (b) Benzaldehyde.
 1650         (c) Benzyl cyanide.
 1651         (d) Chloroephedrine.
 1652         (e) Chloropseudoephedrine.
 1653         (f) Ephedrine.
 1654         (g) Ergonovine.
 1655         (h) Ergotamine.
 1656         (i) Ergocristine.
 1657         (i) Hydriodic acid.
 1658         (j) Ethylamine.
 1659         (k) Iodine tincture above 2.2 percent.
 1660         (l)(k) Isosafrole.
 1661         (m)(l) Methylamine.
 1662         (n)(m) 3, 4-Methylenedioxyphenyl-2-propanone.
 1663         (o)(n) N-Acetylanthranilic acid.
 1664         (p)(o) N-Ethylephedrine.
 1665         (q)(p) N-Ethylpseudoephedrine.
 1666         (r)(q) N-Methylephedrine.
 1667         (s)(r) N-Methylpseudoephedrine.
 1668         (t) ANPP (4-Anilino-N-phenethyl-4-piperidine).
 1669         (u) NPP (N-Phenethyl-4-piperidone).
 1670         (v)(s) Nitroethane.
 1671         (w)(t) Norpseudoephedrine.
 1672         (x)(u) Phenylacetic acid.
 1673         (y)(v) Phenylpropanolamine.
 1674         (z)(w) Piperidine.
 1675         (aa)(x) Piperonal.
 1676         (bb)(y) Propionic anhydride.
 1677         (cc)(z) Pseudoephedrine.
 1678         (dd)(aa) Safrole.
 1679         (2) ESSENTIAL CHEMICALS.—The term “listed essential
 1680  chemical” means a chemical that may be used as a solvent,
 1681  reagent, or catalyst in manufacturing a controlled substance in
 1682  violation of this chapter. The following are “listed essential
 1683  chemicals”:
 1684         (a) Acetic anhydride.
 1685         (b) Acetone.
 1686         (c) Ammonium salts, including, but not limited to, nitrate,
 1687  sulfate, phosphate, or chloride.
 1688         (d)(c) Anhydrous ammonia.
 1689         (e) Benzoquinone.
 1690         (f)(d) Benzyl chloride.
 1691         (g)(e) 2-Butanone.
 1692         (h)(f) Ethyl ether.
 1693         (i) Formic acid.
 1694         (j)(g) Hydrochloric acid gas.
 1695         (k)(h) Hydriodic acid.
 1696         (l)(i) Iodine.
 1697         (m) Lithium.
 1698         (n) Organic solvents, including, but not limited to,
 1699  Coleman Fuel, camping fuel, ether, toluene, or lighter fluid.
 1700         (o) Organic cosolvents, including, but not limited to,
 1701  glycerol, propylene glycol, or polyethylene glycol.
 1702         (p) Potassium dichromate.
 1703         (q)(j) Potassium permanganate.
 1704         (r) Sodium.
 1705         (s)Sodium dichromate.
 1706         (t)Sodium borohydride.
 1707         (u)Sodium cyanoborohydride.
 1708         (v)Sodium hydroxide.
 1709         (w)Sulfuric acid.
 1710         (k) Toluene.
 1711         Section 4. Subsections (3) and (5) of section 893.0356,
 1712  Florida Statutes, are amended, paragraph (j) is added to
 1713  subsection (4) of that section, and paragraph (a) of subsection
 1714  (2) of that section is republished, to read:
 1715         893.0356 Control of new substances; findings of fact;
 1716  “controlled substance analog” defined.—
 1717         (2)(a) As used in this section, “controlled substance
 1718  analog” means a substance which, due to its chemical structure
 1719  and potential for abuse, meets the following criteria:
 1720         1. Is substantially similar to that of a controlled
 1721  substance listed in Schedule I or Schedule II of s. 893.03; and
 1722         2. Has a stimulant, depressant, or hallucinogenic effect on
 1723  the central nervous system or is represented or intended to have
 1724  a stimulant, depressant, or hallucinogenic effect on the central
 1725  nervous system substantially similar to or greater than that of
 1726  a controlled substance listed in Schedule I or Schedule II of s.
 1727  893.03.
 1728         (3) As used in this section, the term “substantially
 1729  similar,” as the term applies to the chemical structure of a
 1730  substance, means that the chemical structure of the substance
 1731  compared to the structure of a controlled substance has a single
 1732  difference in the structural formula that substitutes one atom
 1733  or functional group for another, including, but not limited to,
 1734  one halogen for another halogen, one hydrogen for a halogen or
 1735  vice versa, an alkyl group added or deleted as a side chain to
 1736  or from a molecule, or an alkyl group added or deleted from a
 1737  side chain of a molecule. “potential for abuse” in this section
 1738  means that a substance has properties as a central nervous
 1739  system stimulant or depressant or a hallucinogen that create a
 1740  substantial likelihood of its being:
 1741         (a) Used in amounts that create a hazard to the user’s
 1742  health or the safety of the community;
 1743         (b) Diverted from legal channels and distributed through
 1744  illegal channels; or
 1745         (c) Taken on the user’s own initiative rather than on the
 1746  basis of professional medical advice.
 1747  
 1748  Proof of potential for abuse can be based upon a showing that
 1749  these activities are already taking place, or upon a showing
 1750  that the nature and properties of the substance make it
 1751  reasonable to assume that there is a substantial likelihood that
 1752  such activities will take place, in other than isolated or
 1753  occasional instances.
 1754         (4) The following factors shall be relevant to a finding
 1755  that a substance is a controlled substance analog within the
 1756  purview of this section:
 1757         (j) Comparisons to the accepted methods of marketing,
 1758  distribution, and sales of the substance and that which the
 1759  substance is purported to be, including, but not limited to:
 1760         1. The difference in price at which the substance is sold
 1761  and the price at which the substance it is purported to be or
 1762  advertised as is normally sold;
 1763         2. The difference in how the substance is imported,
 1764  manufactured, or distributed compared to how the substance it is
 1765  purported to be or advertised as is normally imported,
 1766  manufactured, or distributed;
 1767         3. The difference in the appearance of the substance in
 1768  overall finished dosage form compared to the substance it is
 1769  purported to be or advertised as normally appears in overall
 1770  finished dosage form; and
 1771         4. The difference in how the substance is labeled for sale,
 1772  packaged for sale, or the method of sale, including, but not
 1773  limited to, the placement of the substance in an area commonly
 1774  viewable to the public for purchase consideration compared to
 1775  how the substance it is purported to be or advertised as is
 1776  normally labeled for sale, packaged for sale, or sold to the
 1777  public.
 1778         (5) A controlled substance analog shall, for purposes of
 1779  drug abuse prevention and control, be treated as the highest
 1780  scheduled a controlled substance of which it is a controlled
 1781  substance analog to in Schedule I of s. 893.03.
 1782         Section 5. Subsections (1), (4), and (6), and paragraph (d)
 1783  of subsection (8) of section 893.13, Florida Statutes, are
 1784  amended, and subsection (2), paragraphs (a) and (b) of
 1785  subsection (5), and paragraph (a) of subsection (7) of that
 1786  section are republished, to read:
 1787         893.13 Prohibited acts; penalties.—
 1788         (1)(a) Except as authorized by this chapter and chapter
 1789  499, a person may not sell, manufacture, or deliver, or possess
 1790  with intent to sell, manufacture, or deliver, a controlled
 1791  substance. A person who violates this provision with respect to:
 1792         1. A controlled substance named or described in s.
 1793  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
 1794  commits a felony of the second degree, punishable as provided in
 1795  s. 775.082, s. 775.083, or s. 775.084.
 1796         2. A controlled substance named or described in s.
 1797  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
 1798  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
 1799  the third degree, punishable as provided in s. 775.082, s.
 1800  775.083, or s. 775.084.
 1801         3. A controlled substance named or described in s.
 1802  893.03(5) commits a misdemeanor of the first degree, punishable
 1803  as provided in s. 775.082 or s. 775.083.
 1804         (b) Except as provided in this chapter, a person may not
 1805  sell or deliver in excess of 10 grams of any substance named or
 1806  described in s. 893.03(1)(a) or (1)(b), or any combination
 1807  thereof, or any mixture containing any such substance. A person
 1808  who violates this paragraph commits a felony of the first
 1809  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 1810  775.084.
 1811         (c) Except as authorized by this chapter, a person may not
 1812  sell, manufacture, or deliver, or possess with intent to sell,
 1813  manufacture, or deliver, a controlled substance in, on, or
 1814  within 1,000 feet of the real property comprising a child care
 1815  facility as defined in s. 402.302 or a public or private
 1816  elementary, middle, or secondary school between the hours of 6
 1817  a.m. and 12 midnight, or at any time in, on, or within 1,000
 1818  feet of real property comprising a state, county, or municipal
 1819  park, a community center, or a publicly owned recreational
 1820  facility. As used in this paragraph, the term “community center”
 1821  means a facility operated by a nonprofit community-based
 1822  organization for the provision of recreational, social, or
 1823  educational services to the public. A person who violates this
 1824  paragraph with respect to:
 1825         1. A controlled substance named or described in s.
 1826  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
 1827  commits a felony of the first degree, punishable as provided in
 1828  s. 775.082, s. 775.083, or s. 775.084. The defendant must be
 1829  sentenced to a minimum term of imprisonment of 3 calendar years
 1830  unless the offense was committed within 1,000 feet of the real
 1831  property comprising a child care facility as defined in s.
 1832  402.302.
 1833         2. A controlled substance named or described in s.
 1834  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
 1835  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
 1836  the second degree, punishable as provided in s. 775.082, s.
 1837  775.083, or s. 775.084.
 1838         3. Any other controlled substance, except as lawfully sold,
 1839  manufactured, or delivered, must be sentenced to pay a $500 fine
 1840  and to serve 100 hours of public service in addition to any
 1841  other penalty prescribed by law.
 1842  
 1843  This paragraph does not apply to a child care facility unless
 1844  the owner or operator of the facility posts a sign that is not
 1845  less than 2 square feet in size with a word legend identifying
 1846  the facility as a licensed child care facility and that is
 1847  posted on the property of the child care facility in a
 1848  conspicuous place where the sign is reasonably visible to the
 1849  public.
 1850         (d) Except as authorized by this chapter, a person may not
 1851  sell, manufacture, or deliver, or possess with intent to sell,
 1852  manufacture, or deliver, a controlled substance in, on, or
 1853  within 1,000 feet of the real property comprising a public or
 1854  private college, university, or other postsecondary educational
 1855  institution. A person who violates this paragraph with respect
 1856  to:
 1857         1. A controlled substance named or described in s.
 1858  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
 1859  commits a felony of the first degree, punishable as provided in
 1860  s. 775.082, s. 775.083, or s. 775.084.
 1861         2. A controlled substance named or described in s.
 1862  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
 1863  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
 1864  the second degree, punishable as provided in s. 775.082, s.
 1865  775.083, or s. 775.084.
 1866         3. Any other controlled substance, except as lawfully sold,
 1867  manufactured, or delivered, must be sentenced to pay a $500 fine
 1868  and to serve 100 hours of public service in addition to any
 1869  other penalty prescribed by law.
 1870         (e) Except as authorized by this chapter, a person may not
 1871  sell, manufacture, or deliver, or possess with intent to sell,
 1872  manufacture, or deliver, a controlled substance not authorized
 1873  by law in, on, or within 1,000 feet of a physical place for
 1874  worship at which a church or religious organization regularly
 1875  conducts religious services or within 1,000 feet of a
 1876  convenience business as defined in s. 812.171. A person who
 1877  violates this paragraph with respect to:
 1878         1. A controlled substance named or described in s.
 1879  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
 1880  commits a felony of the first degree, punishable as provided in
 1881  s. 775.082, s. 775.083, or s. 775.084.
 1882         2. A controlled substance named or described in s.
 1883  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
 1884  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
 1885  the second degree, punishable as provided in s. 775.082, s.
 1886  775.083, or s. 775.084.
 1887         3. Any other controlled substance, except as lawfully sold,
 1888  manufactured, or delivered, must be sentenced to pay a $500 fine
 1889  and to serve 100 hours of public service in addition to any
 1890  other penalty prescribed by law.
 1891         (f) Except as authorized by this chapter, a person may not
 1892  sell, manufacture, or deliver, or possess with intent to sell,
 1893  manufacture, or deliver, a controlled substance in, on, or
 1894  within 1,000 feet of the real property comprising a public
 1895  housing facility at any time. As used in this section, the term
 1896  “real property comprising a public housing facility” means real
 1897  property, as defined in s. 421.03(12), of a public corporation
 1898  created as a housing authority pursuant to part I of chapter
 1899  421. A person who violates this paragraph with respect to:
 1900         1. A controlled substance named or described in s.
 1901  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
 1902  commits a felony of the first degree, punishable as provided in
 1903  s. 775.082, s. 775.083, or s. 775.084.
 1904         2. A controlled substance named or described in s.
 1905  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
 1906  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
 1907  the second degree, punishable as provided in s. 775.082, s.
 1908  775.083, or s. 775.084.
 1909         3. Any other controlled substance, except as lawfully sold,
 1910  manufactured, or delivered, must be sentenced to pay a $500 fine
 1911  and to serve 100 hours of public service in addition to any
 1912  other penalty prescribed by law.
 1913         (g) Except as authorized by this chapter, a person may not
 1914  manufacture methamphetamine or phencyclidine, or possess any
 1915  listed chemical as defined in s. 893.033 in violation of s.
 1916  893.149 and with intent to manufacture methamphetamine or
 1917  phencyclidine. If a person violates this paragraph and:
 1918         1. The commission or attempted commission of the crime
 1919  occurs in a structure or conveyance where any child younger than
 1920  16 years of age is present, the person commits a felony of the
 1921  first degree, punishable as provided in s. 775.082, s. 775.083,
 1922  or s. 775.084. In addition, the defendant must be sentenced to a
 1923  minimum term of imprisonment of 5 calendar years.
 1924         2. The commission of the crime causes any child younger
 1925  than 16 years of age to suffer great bodily harm, the person
 1926  commits a felony of the first degree, punishable as provided in
 1927  s. 775.082, s. 775.083, or s. 775.084. In addition, the
 1928  defendant must be sentenced to a minimum term of imprisonment of
 1929  10 calendar years.
 1930         (h) Except as authorized by this chapter, a person may not
 1931  sell, manufacture, or deliver, or possess with intent to sell,
 1932  manufacture, or deliver, a controlled substance in, on, or
 1933  within 1,000 feet of the real property comprising an assisted
 1934  living facility, as that term is used in chapter 429. A person
 1935  who violates this paragraph with respect to:
 1936         1. A controlled substance named or described in s.
 1937  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
 1938  commits a felony of the first degree, punishable as provided in
 1939  s. 775.082, s. 775.083, or s. 775.084.
 1940         2. A controlled substance named or described in s.
 1941  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
 1942  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
 1943  the second degree, punishable as provided in s. 775.082, s.
 1944  775.083, or s. 775.084.
 1945         3. Any other controlled substance, except as lawfully sold,
 1946  manufactured, or delivered, must be sentenced to pay a $500 fine
 1947  and to serve 100 hours of public service in addition to any
 1948  other penalty prescribed by law.
 1949         (2)(a) Except as authorized by this chapter and chapter
 1950  499, a person may not purchase, or possess with intent to
 1951  purchase, a controlled substance. A person who violates this
 1952  provision with respect to:
 1953         1. A controlled substance named or described in s.
 1954  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
 1955  commits a felony of the second degree, punishable as provided in
 1956  s. 775.082, s. 775.083, or s. 775.084.
 1957         2. A controlled substance named or described in s.
 1958  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
 1959  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
 1960  the third degree, punishable as provided in s. 775.082, s.
 1961  775.083, or s. 775.084.
 1962         3. A controlled substance named or described in s.
 1963  893.03(5) commits a misdemeanor of the first degree, punishable
 1964  as provided in s. 775.082 or s. 775.083.
 1965         (b) Except as provided in this chapter, a person may not
 1966  purchase more than 10 grams of any substance named or described
 1967  in s. 893.03(1)(a) or (1)(b), or any combination thereof, or any
 1968  mixture containing any such substance. A person who violates
 1969  this paragraph commits a felony of the first degree, punishable
 1970  as provided in s. 775.082, s. 775.083, or s. 775.084.
 1971         (4) Except as authorized by this chapter, a person 18 years
 1972  of age or older may not deliver any controlled substance to a
 1973  person younger than 18 years of age, use or hire a person
 1974  younger than 18 years of age as an agent or employee in the sale
 1975  or delivery of such a substance, or use such person to assist in
 1976  avoiding detection or apprehension for a violation of this
 1977  chapter. A person who violates this paragraph provision with
 1978  respect to:
 1979         (a) A controlled substance named or described in s.
 1980  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
 1981  commits a felony of the first degree, punishable as provided in
 1982  s. 775.082, s. 775.083, or s. 775.084.
 1983         (b) A controlled substance named or described in s.
 1984  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
 1985  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
 1986  the second degree, punishable as provided in s. 775.082, s.
 1987  775.083, or s. 775.084.
 1988         (c) Any other controlled substance, except as lawfully
 1989  sold, manufactured, or delivered, commits a felony of the third
 1990  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 1991  775.084.
 1992  
 1993  Imposition of sentence may not be suspended or deferred, and the
 1994  person so convicted may not be placed on probation.
 1995         (5) A person may not bring into this state any controlled
 1996  substance unless the possession of such controlled substance is
 1997  authorized by this chapter or unless such person is licensed to
 1998  do so by the appropriate federal agency. A person who violates
 1999  this provision with respect to:
 2000         (a) A controlled substance named or described in s.
 2001  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
 2002  commits a felony of the second degree, punishable as provided in
 2003  s. 775.082, s. 775.083, or s. 775.084.
 2004         (b) A controlled substance named or described in s.
 2005  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
 2006  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
 2007  the third degree, punishable as provided in s. 775.082, s.
 2008  775.083, or s. 775.084.
 2009         (6)(a) A person may not be in actual or constructive
 2010  possession of a controlled substance unless such controlled
 2011  substance was lawfully obtained from a practitioner or pursuant
 2012  to a valid prescription or order of a practitioner while acting
 2013  in the course of his or her professional practice or to be in
 2014  actual or constructive possession of a controlled substance
 2015  except as otherwise authorized by this chapter. A person who
 2016  violates this provision commits a felony of the third degree,
 2017  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 2018         (b) If the offense is the possession of 20 grams or less of
 2019  cannabis, as defined in this chapter, or 3 grams or less of a
 2020  controlled substance described in s. 893.03(1)(c)46.-50., 114.
 2021  142., 151.-159., or 166.-173., the person commits a misdemeanor
 2022  of the first degree, punishable as provided in s. 775.082 or s.
 2023  775.083. As used in this subsection, the term “cannabis” does
 2024  not include the resin extracted from the plants of the genus
 2025  Cannabis, or any compound manufacture, salt, derivative,
 2026  mixture, or preparation of such resin, and a controlled
 2027  substance described in s. 893.03(1)(c)46.-50., 114.-142., 151.
 2028  159., or 166.-173. does not include the substance in a powdered
 2029  form.
 2030         (c) Except as provided in this chapter, a person may not
 2031  possess more than 10 grams of any substance named or described
 2032  in s. 893.03(1)(a) or (1)(b), or any combination thereof, or any
 2033  mixture containing any such substance. A person who violates
 2034  this paragraph commits a felony of the first degree, punishable
 2035  as provided in s. 775.082, s. 775.083, or s. 775.084.
 2036         (d) If the offense is possession of a controlled substance
 2037  named or described in s. 893.03(5), the person commits a
 2038  misdemeanor of the second degree, punishable as provided in s.
 2039  775.082 or s. 775.083.
 2040         (e)(d) Notwithstanding any provision to the contrary of the
 2041  laws of this state relating to arrest, a law enforcement officer
 2042  may arrest without warrant any person who the officer has
 2043  probable cause to believe is violating the provisions of this
 2044  chapter relating to possession of cannabis.
 2045         (7)(a) A person may not:
 2046         1. Distribute or dispense a controlled substance in
 2047  violation of this chapter.
 2048         2. Refuse or fail to make, keep, or furnish any record,
 2049  notification, order form, statement, invoice, or information
 2050  required under this chapter.
 2051         3. Refuse entry into any premises for any inspection or
 2052  refuse to allow any inspection authorized by this chapter.
 2053         4. Distribute a controlled substance named or described in
 2054  s. 893.03(1) or (2) except pursuant to an order form as required
 2055  by s. 893.06.
 2056         5. Keep or maintain any store, shop, warehouse, dwelling,
 2057  building, vehicle, boat, aircraft, or other structure or place
 2058  which is resorted to by persons using controlled substances in
 2059  violation of this chapter for the purpose of using these
 2060  substances, or which is used for keeping or selling them in
 2061  violation of this chapter.
 2062         6. Use to his or her own personal advantage, or reveal, any
 2063  information obtained in enforcement of this chapter except in a
 2064  prosecution or administrative hearing for a violation of this
 2065  chapter.
 2066         7. Possess a prescription form unless it has been signed by
 2067  the practitioner whose name appears printed thereon and
 2068  completed. This subparagraph does not apply if the person in
 2069  possession of the form is the practitioner whose name appears
 2070  printed thereon, an agent or employee of that practitioner, a
 2071  pharmacist, or a supplier of prescription forms who is
 2072  authorized by that practitioner to possess those forms.
 2073         8. Withhold information from a practitioner from whom the
 2074  person seeks to obtain a controlled substance or a prescription
 2075  for a controlled substance that the person making the request
 2076  has received a controlled substance or a prescription for a
 2077  controlled substance of like therapeutic use from another
 2078  practitioner within the previous 30 days.
 2079         9. Acquire or obtain, or attempt to acquire or obtain,
 2080  possession of a controlled substance by misrepresentation,
 2081  fraud, forgery, deception, or subterfuge.
 2082         10. Affix any false or forged label to a package or
 2083  receptacle containing a controlled substance.
 2084         11. Furnish false or fraudulent material information in, or
 2085  omit any material information from, any report or other document
 2086  required to be kept or filed under this chapter or any record
 2087  required to be kept by this chapter.
 2088         12. Store anhydrous ammonia in a container that is not
 2089  approved by the United States Department of Transportation to
 2090  hold anhydrous ammonia or is not constructed in accordance with
 2091  sound engineering, agricultural, or commercial practices.
 2092         13. With the intent to obtain a controlled substance or
 2093  combination of controlled substances that are not medically
 2094  necessary for the person or an amount of a controlled substance
 2095  or substances that is not medically necessary for the person,
 2096  obtain or attempt to obtain from a practitioner a controlled
 2097  substance or a prescription for a controlled substance by
 2098  misrepresentation, fraud, forgery, deception, subterfuge, or
 2099  concealment of a material fact. For purposes of this
 2100  subparagraph, a material fact includes whether the person has an
 2101  existing prescription for a controlled substance issued for the
 2102  same period of time by another practitioner or as described in
 2103  subparagraph 8.
 2104         (8)
 2105         (d) Notwithstanding paragraph (c), if a prescribing
 2106  practitioner has violated paragraph (a) and received $1,000 or
 2107  more in payment for writing one or more prescriptions or, in the
 2108  case of a prescription written for a controlled substance
 2109  described in s. 893.135, has written one or more prescriptions
 2110  for a quantity of a controlled substance which, individually or
 2111  in the aggregate, meets the threshold for the offense of
 2112  trafficking in a controlled substance under s. 893.135 s.
 2113  893.15, the violation is reclassified as a felony of the second
 2114  degree and ranked in level 4 of the Criminal Punishment Code.
 2115         Section 6. Paragraphs (g) and (l) of subsection (1) of
 2116  section 893.135, Florida Statutes, are republished, paragraph
 2117  (k) of that subsection is amended, and subsection (6) of that
 2118  section is amended, to read:
 2119         893.135 Trafficking; mandatory sentences; suspension or
 2120  reduction of sentences; conspiracy to engage in trafficking.—
 2121         (1) Except as authorized in this chapter or in chapter 499
 2122  and notwithstanding the provisions of s. 893.13:
 2123         (g)1. Any person who knowingly sells, purchases,
 2124  manufactures, delivers, or brings into this state, or who is
 2125  knowingly in actual or constructive possession of, 4 grams or
 2126  more of flunitrazepam or any mixture containing flunitrazepam as
 2127  described in s. 893.03(1)(a) commits a felony of the first
 2128  degree, which felony shall be known as “trafficking in
 2129  flunitrazepam,” punishable as provided in s. 775.082, s.
 2130  775.083, or s. 775.084. If the quantity involved:
 2131         a. Is 4 grams or more but less than 14 grams, such person
 2132  shall be sentenced to a mandatory minimum term of imprisonment
 2133  of 3 years, and the defendant shall be ordered to pay a fine of
 2134  $50,000.
 2135         b. Is 14 grams or more but less than 28 grams, such person
 2136  shall be sentenced to a mandatory minimum term of imprisonment
 2137  of 7 years, and the defendant shall be ordered to pay a fine of
 2138  $100,000.
 2139         c. Is 28 grams or more but less than 30 kilograms, such
 2140  person shall be sentenced to a mandatory minimum term of
 2141  imprisonment of 25 calendar years and pay a fine of $500,000.
 2142         2. Any person who knowingly sells, purchases, manufactures,
 2143  delivers, or brings into this state or who is knowingly in
 2144  actual or constructive possession of 30 kilograms or more of
 2145  flunitrazepam or any mixture containing flunitrazepam as
 2146  described in s. 893.03(1)(a) commits the first degree felony of
 2147  trafficking in flunitrazepam. A person who has been convicted of
 2148  the first degree felony of trafficking in flunitrazepam under
 2149  this subparagraph shall be punished by life imprisonment and is
 2150  ineligible for any form of discretionary early release except
 2151  pardon or executive clemency or conditional medical release
 2152  under s. 947.149. However, if the court determines that, in
 2153  addition to committing any act specified in this paragraph:
 2154         a. The person intentionally killed an individual or
 2155  counseled, commanded, induced, procured, or caused the
 2156  intentional killing of an individual and such killing was the
 2157  result; or
 2158         b. The person’s conduct in committing that act led to a
 2159  natural, though not inevitable, lethal result,
 2160  
 2161  such person commits the capital felony of trafficking in
 2162  flunitrazepam, punishable as provided in ss. 775.082 and
 2163  921.142. Any person sentenced for a capital felony under this
 2164  paragraph shall also be sentenced to pay the maximum fine
 2165  provided under subparagraph 1.
 2166         (k)1. A person who knowingly sells, purchases,
 2167  manufactures, delivers, or brings into this state, or who is
 2168  knowingly in actual or constructive possession of, 10 grams or
 2169  more of any of the following substances described in s.
 2170  893.03(1)(c):
 2171         a. (MDMA) 3,4-Methylenedioxymethamphetamine (MDMA);
 2172         b. DOB (4-Bromo-2,5-dimethoxyamphetamine);
 2173         c. 2C-B (4-Bromo-2,5-dimethoxyphenethylamine);
 2174         d. 2,5-Dimethoxyamphetamine;
 2175         e. DOET (4-Ethyl-2,5-dimethoxyamphetamine) 2,5-Dimethoxy-4
 2176  ethylamphetamine (DOET);
 2177         f. N-ethylamphetamine;
 2178         g. N-Hydroxy-3,4-methylenedioxyamphetamine;
 2179         h. 5-Methoxy-3,4-methylenedioxyamphetamine;
 2180         i. PMA (4-methoxyamphetamine);
 2181         j. PMMA (4-methoxymethamphetamine);
 2182         k. DOM (4-Methyl-2,5-dimethoxyamphetamine);
 2183         l. MDEA (3,4-Methylenedioxy-N-ethylamphetamine);
 2184         m. MDA (3,4-Methylenedioxyamphetamine);
 2185         n. N,N-dimethylamphetamine;
 2186         o. 3,4,5-Trimethoxyamphetamine;
 2187         p. Methylone (3,4-Methylenedioxymethcathinone);
 2188         q. MDPV (3,4-Methylenedioxypyrovalerone) (MDPV); or
 2189         r. Methylmethcathinone,
 2190  
 2191  individually or analogs thereto or isomers thereto or in any
 2192  combination of or any mixture containing any substance listed in
 2193  sub-subparagraphs a.-r., commits a felony of the first degree,
 2194  which felony shall be known as “trafficking in Phenethylamines,”
 2195  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 2196         2. If the quantity involved:
 2197         a. Is 10 grams or more, but less than 200 grams, such
 2198  person shall be sentenced to a mandatory minimum term of
 2199  imprisonment of 3 years and shall be ordered to pay a fine of
 2200  $50,000.
 2201         b. Is 200 grams or more, but less than 400 grams, such
 2202  person shall be sentenced to a mandatory minimum term of
 2203  imprisonment of 7 years and shall be ordered to pay a fine of
 2204  $100,000.
 2205         c. Is 400 grams or more, such person shall be sentenced to
 2206  a mandatory minimum term of imprisonment of 15 years and shall
 2207  be ordered to pay a fine of $250,000.
 2208         3. A person who knowingly manufactures or brings into this
 2209  state 30 kilograms or more of any of the following substances
 2210  described in s. 893.03(1)(c):
 2211         a. MDMA (3,4-Methylenedioxymethamphetamine) (MDMA);
 2212         b. 2C-B (4-Bromo-2,5-dimethoxyamphetamine);
 2213         c. 2C-B (4-Bromo-2,5-dimethoxyphenethylamine);
 2214         d. 2,5-Dimethoxyamphetamine;
 2215         e. DOET (4-Ethyl-2,5-dimethoxyamphetamine) 2,5-Dimethoxy-4
 2216  ethylamphetamine (DOET);
 2217         f. N-ethylamphetamine;
 2218         g. N-Hydroxy-3,4-methylenedioxyamphetamine;
 2219         h. 5-Methoxy-3,4-methylenedioxyamphetamine;
 2220         i. PMA (4-methoxyamphetamine);
 2221         j. PMMA (4-methoxymethamphetamine);
 2222         k. DOM (4-Methyl-2,5-dimethoxyamphetamine);
 2223         l. MDEA (3,4-Methylenedioxy-N-ethylamphetamine);
 2224         m. MDA (3,4-Methylenedioxyamphetamine);
 2225         n. N,N-dimethylamphetamine;
 2226         o. 3,4,5-Trimethoxyamphetamine;
 2227         p. Methylone (3,4-Methylenedioxymethcathinone);
 2228         q. MDPV (3,4-Methylenedioxypyrovalerone) (MDPV); or
 2229         r. Methylmethcathinone,
 2230  
 2231  individually or analogs thereto or isomers thereto or in any
 2232  combination of or any mixture containing any substance listed in
 2233  sub-subparagraphs a.-r., and who knows that the probable result
 2234  of such manufacture or importation would be the death of any
 2235  person commits capital manufacture or importation of
 2236  Phenethylamines, a capital felony punishable as provided in ss.
 2237  775.082 and 921.142. A person sentenced for a capital felony
 2238  under this paragraph shall also be sentenced to pay the maximum
 2239  fine provided under subparagraph 1.
 2240         (l)1. Any person who knowingly sells, purchases,
 2241  manufactures, delivers, or brings into this state, or who is
 2242  knowingly in actual or constructive possession of, 1 gram or
 2243  more of lysergic acid diethylamide (LSD) as described in s.
 2244  893.03(1)(c), or of any mixture containing lysergic acid
 2245  diethylamide (LSD), commits a felony of the first degree, which
 2246  felony shall be known as “trafficking in lysergic acid
 2247  diethylamide (LSD),” punishable as provided in s. 775.082, s.
 2248  775.083, or s. 775.084. If the quantity involved:
 2249         a. Is 1 gram or more, but less than 5 grams, such person
 2250  shall be sentenced to a mandatory minimum term of imprisonment
 2251  of 3 years, and the defendant shall be ordered to pay a fine of
 2252  $50,000.
 2253         b. Is 5 grams or more, but less than 7 grams, such person
 2254  shall be sentenced to a mandatory minimum term of imprisonment
 2255  of 7 years, and the defendant shall be ordered to pay a fine of
 2256  $100,000.
 2257         c. Is 7 grams or more, such person shall be sentenced to a
 2258  mandatory minimum term of imprisonment of 15 calendar years and
 2259  pay a fine of $500,000.
 2260         2. Any person who knowingly manufactures or brings into
 2261  this state 7 grams or more of lysergic acid diethylamide (LSD)
 2262  as described in s. 893.03(1)(c), or any mixture containing
 2263  lysergic acid diethylamide (LSD), and who knows that the
 2264  probable result of such manufacture or importation would be the
 2265  death of any person commits capital manufacture or importation
 2266  of lysergic acid diethylamide (LSD), a capital felony punishable
 2267  as provided in ss. 775.082 and 921.142. Any person sentenced for
 2268  a capital felony under this paragraph shall also be sentenced to
 2269  pay the maximum fine provided under subparagraph 1.
 2270         (6) A mixture, as defined in s. 893.02, containing any
 2271  controlled substance described in this section includes, but is
 2272  not limited to, a solution or a dosage unit, including but not
 2273  limited to, a gelatin capsule, pill, or tablet, containing a
 2274  controlled substance. For the purpose of clarifying legislative
 2275  intent regarding the weighing of a mixture containing a
 2276  controlled substance described in this section, the weight of
 2277  the controlled substance is the total weight of the mixture,
 2278  including the controlled substance and any other substance in
 2279  the mixture. If there is more than one mixture containing the
 2280  same controlled substance, the weight of the controlled
 2281  substance is calculated by aggregating the total weight of each
 2282  mixture.
 2283         Section 7. Subsection (2) of section 893.138, Florida
 2284  Statutes, is amended to read:
 2285         893.138 Local administrative action to abate drug-related,
 2286  prostitution-related, or stolen-property-related public
 2287  nuisances and criminal gang activity.—
 2288         (2) Any place or premises that has been used:
 2289         (a) On more than two occasions within a 6-month period, as
 2290  the site of a violation of s. 796.07;
 2291         (b) On more than two occasions within a 6-month period, as
 2292  the site of the unlawful sale, delivery, manufacture, or
 2293  cultivation of any controlled substance;
 2294         (c) On one occasion as the site of the unlawful possession
 2295  of a controlled substance, where such possession constitutes a
 2296  felony and that has been previously used on more than one
 2297  occasion as the site of the unlawful sale, delivery,
 2298  manufacture, or cultivation of any controlled substance;
 2299         (d) By a criminal gang for the purpose of conducting
 2300  criminal gang activity as defined by s. 874.03; or
 2301         (e) On more than two occasions within a 6-month period, as
 2302  the site of a violation of s. 812.019 relating to dealing in
 2303  stolen property; or
 2304         (f) On two or more occasions within a 6-month period, as
 2305  the site of a violation of chapter 499,
 2306  
 2307  may be declared to be a public nuisance, and such nuisance may
 2308  be abated pursuant to the procedures provided in this section.
 2309         Section 8. Subsections (6) and (12) of section 893.145,
 2310  Florida Statutes, are amended to read:
 2311         893.145 “Drug paraphernalia” defined.—The term “drug
 2312  paraphernalia” means all equipment, products, and materials of
 2313  any kind which are used, intended for use, or designed for use
 2314  in planting, propagating, cultivating, growing, harvesting,
 2315  manufacturing, compounding, converting, producing, processing,
 2316  preparing, testing, analyzing, packaging, repackaging, storing,
 2317  containing, concealing, transporting, injecting, ingesting,
 2318  inhaling, or otherwise introducing into the human body a
 2319  controlled substance in violation of this chapter or s. 877.111.
 2320  Drug paraphernalia is deemed to be contraband which shall be
 2321  subject to civil forfeiture. The term includes, but is not
 2322  limited to:
 2323         (6) Diluents and adulterants, such as quinine
 2324  hydrochloride, caffeine, dimethyl sulfone, mannitol, mannite,
 2325  dextrose, and lactose, used, intended for use, or designed for
 2326  use in diluting cutting controlled substances; or substances
 2327  such as damiana leaf, marshmallow leaf, and mullein leaf, used,
 2328  intended for use, or designed for use as carrier mediums of
 2329  controlled substances.
 2330         (12) Objects used, intended for use, or designed for use in
 2331  ingesting, inhaling, or otherwise introducing controlled
 2332  substances, as described in s. 893.03, or substances described
 2333  in s. 877.111(1) cannabis, cocaine, hashish, hashish oil, or
 2334  nitrous oxide into the human body, such as:
 2335         (a) Metal, wooden, acrylic, glass, stone, plastic, or
 2336  ceramic pipes, with or without screens, permanent screens,
 2337  hashish heads, or punctured metal bowls.
 2338         (b) Water pipes.
 2339         (c) Carburetion tubes and devices.
 2340         (d) Smoking and carburetion masks.
 2341         (e) Roach clips: meaning objects used to hold burning
 2342  material, such as a cannabis cigarette, that has become too
 2343  small or too short to be held in the hand.
 2344         (f) Miniature cocaine spoons, and cocaine vials.
 2345         (g) Chamber pipes.
 2346         (h) Carburetor pipes.
 2347         (i) Electric pipes.
 2348         (j) Air-driven pipes.
 2349         (k) Chillums.
 2350         (l) Bongs.
 2351         (m) Ice pipes or chillers.
 2352         (n) A cartridge or canister, which means a small metal
 2353  device used to contain nitrous oxide.
 2354         (o) A charger, sometimes referred to as a “cracker,” which
 2355  means a small metal or plastic device that contains an interior
 2356  pin that may be used to expel nitrous oxide from a cartridge or
 2357  container.
 2358         (p) A charging bottle, which means a device that may be
 2359  used to expel nitrous oxide from a cartridge or canister.
 2360         (q) A whip-it, which means a device that may be used to
 2361  expel nitrous oxide.
 2362         (r) A tank.
 2363         (s) A balloon.
 2364         (t) A hose or tube.
 2365         (u) A 2-liter-type soda bottle.
 2366         (v) Duct tape.
 2367         Section 9. Paragraph (a) of subsection (1) of section
 2368  895.02, Florida Statutes, is amended to read:
 2369         895.02 Definitions.—As used in ss. 895.01-895.08, the term:
 2370         (1) “Racketeering activity” means to commit, to attempt to
 2371  commit, to conspire to commit, or to solicit, coerce, or
 2372  intimidate another person to commit:
 2373         (a) Any crime that is chargeable by petition, indictment,
 2374  or information under the following provisions of the Florida
 2375  Statutes:
 2376         1. Section 210.18, relating to evasion of payment of
 2377  cigarette taxes.
 2378         2. Section 316.1935, relating to fleeing or attempting to
 2379  elude a law enforcement officer and aggravated fleeing or
 2380  eluding.
 2381         3. Section 403.727(3)(b), relating to environmental
 2382  control.
 2383         4. Section 409.920 or s. 409.9201, relating to Medicaid
 2384  fraud.
 2385         5. Section 414.39, relating to public assistance fraud.
 2386         6. Section 440.105 or s. 440.106, relating to workers’
 2387  compensation.
 2388         7. Section 443.071(4), relating to creation of a fictitious
 2389  employer scheme to commit reemployment assistance fraud.
 2390         8. Section 465.0161, relating to distribution of medicinal
 2391  drugs without a permit as an Internet pharmacy.
 2392         9. Section 499.0051, relating to crimes involving
 2393  contraband, and adulterated, or misbranded drugs.
 2394         10. Part IV of chapter 501, relating to telemarketing.
 2395         11. Chapter 517, relating to sale of securities and
 2396  investor protection.
 2397         12. Section 550.235 or s. 550.3551, relating to dogracing
 2398  and horseracing.
 2399         13. Chapter 550, relating to jai alai frontons.
 2400         14. Section 551.109, relating to slot machine gaming.
 2401         15. Chapter 552, relating to the manufacture, distribution,
 2402  and use of explosives.
 2403         16. Chapter 560, relating to money transmitters, if the
 2404  violation is punishable as a felony.
 2405         17. Chapter 562, relating to beverage law enforcement.
 2406         18. Section 624.401, relating to transacting insurance
 2407  without a certificate of authority, s. 624.437(4)(c)1., relating
 2408  to operating an unauthorized multiple-employer welfare
 2409  arrangement, or s. 626.902(1)(b), relating to representing or
 2410  aiding an unauthorized insurer.
 2411         19. Section 655.50, relating to reports of currency
 2412  transactions, when such violation is punishable as a felony.
 2413         20. Chapter 687, relating to interest and usurious
 2414  practices.
 2415         21. Section 721.08, s. 721.09, or s. 721.13, relating to
 2416  real estate timeshare plans.
 2417         22. Section 775.13(5)(b), relating to registration of
 2418  persons found to have committed any offense for the purpose of
 2419  benefiting, promoting, or furthering the interests of a criminal
 2420  gang.
 2421         23. Section 777.03, relating to commission of crimes by
 2422  accessories after the fact.
 2423         24. Chapter 782, relating to homicide.
 2424         25. Chapter 784, relating to assault and battery.
 2425         26. Chapter 787, relating to kidnapping or human
 2426  trafficking.
 2427         27. Chapter 790, relating to weapons and firearms.
 2428         28. Chapter 794, relating to sexual battery, but only if
 2429  such crime was committed with the intent to benefit, promote, or
 2430  further the interests of a criminal gang, or for the purpose of
 2431  increasing a criminal gang member’s own standing or position
 2432  within a criminal gang.
 2433         29. Former s. 796.03, former s. 796.035, s. 796.04, s.
 2434  796.05, or s. 796.07, relating to prostitution.
 2435         30. Chapter 806, relating to arson and criminal mischief.
 2436         31. Chapter 810, relating to burglary and trespass.
 2437         32. Chapter 812, relating to theft, robbery, and related
 2438  crimes.
 2439         33. Chapter 815, relating to computer-related crimes.
 2440         34. Chapter 817, relating to fraudulent practices, false
 2441  pretenses, fraud generally, and credit card crimes.
 2442         35. Chapter 825, relating to abuse, neglect, or
 2443  exploitation of an elderly person or disabled adult.
 2444         36. Section 827.071, relating to commercial sexual
 2445  exploitation of children.
 2446         37. Section 828.122, relating to fighting or baiting
 2447  animals.
 2448         38. Chapter 831, relating to forgery and counterfeiting.
 2449         39. Chapter 832, relating to issuance of worthless checks
 2450  and drafts.
 2451         40. Section 836.05, relating to extortion.
 2452         41. Chapter 837, relating to perjury.
 2453         42. Chapter 838, relating to bribery and misuse of public
 2454  office.
 2455         43. Chapter 843, relating to obstruction of justice.
 2456         44. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
 2457  s. 847.07, relating to obscene literature and profanity.
 2458         45. Chapter 849, relating to gambling, lottery, gambling or
 2459  gaming devices, slot machines, or any of the provisions within
 2460  that chapter.
 2461         46. Chapter 874, relating to criminal gangs.
 2462         47. Chapter 893, relating to drug abuse prevention and
 2463  control.
 2464         48. Chapter 896, relating to offenses related to financial
 2465  transactions.
 2466         49. Sections 914.22 and 914.23, relating to tampering with
 2467  or harassing a witness, victim, or informant, and retaliation
 2468  against a witness, victim, or informant.
 2469         50. Sections 918.12 and 918.13, relating to tampering with
 2470  jurors and evidence.
 2471         Section 10. Paragraphs (c), (e), and (g) of subsection (3)
 2472  of section 921.0022, Florida Statutes, are amended, and
 2473  paragraphs (b), (d), and (h) of that subsection are republished,
 2474  to read:
 2475         921.0022 Criminal Punishment Code; offense severity ranking
 2476  chart.—
 2477         (3) OFFENSE SEVERITY RANKING CHART
 2478         (b) LEVEL 2
 2479  
 2480  FloridaStatute             FelonyDegree        Description        
 2481  379.2431 (1)(e)3.              3rd     Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
 2482  379.2431 (1)(e)4.              3rd     Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
 2483  403.413(6)(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.
 2484  517.07(2)                      3rd     Failure to furnish a prospectus meeting requirements.
 2485  590.28(1)                      3rd     Intentional burning of lands.
 2486  784.05(3)                      3rd     Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
 2487  787.04(1)                      3rd     In violation of court order, take, entice, etc., minor beyond state limits.
 2488  806.13(1)(b)3.                 3rd     Criminal mischief; damage $1,000 or more to public communication or any other public service.
 2489  810.061(2)                     3rd     Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
 2490  810.09(2)(e)                   3rd     Trespassing on posted commercial horticulture property.
 2491  812.014(2)(c)1.                3rd     Grand theft, 3rd degree; $300 or more but less than $5,000.
 2492  812.014(2)(d)                  3rd     Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.
 2493  812.015(7)                     3rd     Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
 2494  817.234(1)(a)2.                3rd     False statement in support of insurance claim.
 2495  817.481(3)(a)                  3rd     Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
 2496  817.52(3)                      3rd     Failure to redeliver hired vehicle.
 2497  817.54                         3rd     With intent to defraud, obtain mortgage note, etc., by false representation.
 2498  817.60(5)                      3rd     Dealing in credit cards of another.
 2499  817.60(6)(a)                   3rd     Forgery; purchase goods, services with false card.
 2500  817.61                         3rd     Fraudulent use of credit cards over $100 or more within 6 months.
 2501  826.04                         3rd     Knowingly marries or has sexual intercourse with person to whom related.
 2502  831.01                         3rd     Forgery.                   
 2503  831.02                         3rd     Uttering forged instrument; utters or publishes alteration with intent to defraud.
 2504  831.07                         3rd     Forging bank bills, checks, drafts, or promissory notes.
 2505  831.08                         3rd     Possessing 10 or more forged notes, bills, checks, or drafts.
 2506  831.09                         3rd     Uttering forged notes, bills, checks, drafts, or promissory notes.
 2507  831.11                         3rd     Bringing into the state forged bank bills, checks, drafts, or notes.
 2508  832.05(3)(a)                   3rd     Cashing or depositing item with intent to defraud.
 2509  843.08                         3rd     False personation.         
 2510  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.
 2511  893.147(2)                     3rd     Manufacture or delivery of drug paraphernalia.
 2512  
 2513  
 2514         (c) LEVEL 3
 2515  
 2516  FloridaStatute           FelonyDegree         Description          
 2517  119.10(2)(b)                 3rd     Unlawful use of confidential information from police reports.
 2518  316.066 (3)(b)-(d)           3rd     Unlawfully obtaining or using confidential crash reports.
 2519  316.193(2)(b)                3rd     Felony DUI, 3rd conviction.   
 2520  316.1935(2)                  3rd     Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
 2521  319.30(4)                    3rd     Possession by junkyard of motor vehicle with identification number plate removed.
 2522  319.33(1)(a)                 3rd     Alter or forge any certificate of title to a motor vehicle or mobile home.
 2523  319.33(1)(c)                 3rd     Procure or pass title on stolen vehicle.
 2524  319.33(4)                    3rd     With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
 2525  327.35(2)(b)                 3rd     Felony BUI.                   
 2526  328.05(2)                    3rd     Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
 2527  328.07(4)                    3rd     Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
 2528  376.302(5)                   3rd     Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
 2529  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.
 2530  379.2431 (1)(e)6.            3rd     Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
 2531  400.9935(4)(a) or (b)        3rd     Operating a clinic, or offering services requiring licensure, without a license.
 2532  400.9935(4)(e)               3rd     Filing a false license application or other required information or failing to report information.
 2533  440.1051(3)                  3rd     False report of workers’ compensation fraud or retaliation for making such a report.
 2534  501.001(2)(b)                2nd     Tampers with a consumer product or the container using materially false/misleading information.
 2535  624.401(4)(a)                3rd     Transacting insurance without a certificate of authority.
 2536  624.401(4)(b)1.              3rd     Transacting insurance without a certificate of authority; premium collected less than $20,000.
 2537  626.902(1)(a) & (b)          3rd     Representing an unauthorized insurer.
 2538  697.08                       3rd     Equity skimming.              
 2539  790.15(3)                    3rd     Person directs another to discharge firearm from a vehicle.
 2540  806.10(1)                    3rd     Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
 2541  806.10(2)                    3rd     Interferes with or assaults firefighter in performance of duty.
 2542  810.09(2)(c)                 3rd     Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
 2543  812.014(2)(c)2.              3rd     Grand theft; $5,000 or more but less than $10,000.
 2544  812.0145(2)(c)               3rd     Theft from person 65 years of age or older; $300 or more but less than $10,000.
 2545  815.04(5)(b)                 2nd     Computer offense devised to defraud or obtain property.
 2546  817.034(4)(a)3.              3rd     Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
 2547  817.233                      3rd     Burning to defraud insurer.   
 2548  817.234 (8)(b) & (c)         3rd     Unlawful solicitation of persons involved in motor vehicle accidents.
 2549  817.234(11)(a)               3rd     Insurance fraud; property value less than $20,000.
 2550  817.236                      3rd     Filing a false motor vehicle insurance application.
 2551  817.2361                     3rd     Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
 2552  817.413(2)                   3rd     Sale of used goods as new.    
 2553  817.505(4)                   3rd     Patient brokering.            
 2554  828.12(2)                    3rd     Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
 2555  831.28(2)(a)                 3rd     Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
 2556  831.29                       2nd     Possession of instruments for counterfeiting driver licenses or identification cards.
 2557  838.021(3)(b)                3rd     Threatens unlawful harm to public servant.
 2558  843.19                       3rd     Injure, disable, or kill police dog or horse.
 2559  860.15(3)                    3rd     Overcharging for repairs and parts.
 2560  870.01(2)                    3rd     Riot; inciting or encouraging.
 2561  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).
 2562  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.
 2563  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.
 2564  893.13(4)(c)                 3rd     Use or hire of minor; deliver to minor other controlled substances.
 2565  893.13(6)(a)                 3rd     Possession of any controlled substance other than felony possession of cannabis.
 2566  893.13(7)(a)8.               3rd     Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
 2567  893.13(7)(a)9.               3rd     Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
 2568  893.13(7)(a)10.              3rd     Affix false or forged label to package of controlled substance.
 2569  893.13(7)(a)11.              3rd     Furnish false or fraudulent material information on any document or record required by chapter 893.
 2570  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.
 2571  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.
 2572  893.13(8)(a)3.               3rd     Knowingly write a prescription for a controlled substance for a fictitious person.
 2573  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.
 2574  918.13(1)(a)                 3rd     Alter, destroy, or conceal investigation evidence.
 2575  944.47 (1)(a)1. & 2.         3rd     Introduce contraband to correctional facility.
 2576  944.47(1)(c)                 2nd     Possess contraband while upon the grounds of a correctional institution.
 2577  985.721                      3rd     Escapes from a juvenile facility (secure detention or residential commitment facility).
 2578  
 2579         (d) LEVEL 4
 2580  
 2581  FloridaStatute              FelonyDegree        Description        
 2582  316.1935(3)(a)                   2nd     Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
 2583  499.0051(1)                      3rd     Failure to maintain or deliver pedigree papers.
 2584  499.0051(2)                      3rd     Failure to authenticate pedigree papers.
 2585  499.0051(6)                      2nd     Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
 2586  517.07(1)                        3rd     Failure to register securities.
 2587  517.12(1)                        3rd     Failure of dealer, associated person, or issuer of securities to register.
 2588  784.07(2)(b)                     3rd     Battery of law enforcement officer, firefighter, etc.
 2589  784.074(1)(c)                    3rd     Battery of sexually violent predators facility staff.
 2590  784.075                          3rd     Battery on detention or commitment facility staff.
 2591  784.078                          3rd     Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
 2592  784.08(2)(c)                     3rd     Battery on a person 65 years of age or older.
 2593  784.081(3)                       3rd     Battery on specified official or employee.
 2594  784.082(3)                       3rd     Battery by detained person on visitor or other detainee.
 2595  784.083(3)                       3rd     Battery on code inspector.
 2596  784.085                          3rd     Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
 2597  787.03(1)                        3rd     Interference with custody; wrongly takes minor from appointed guardian.
 2598  787.04(2)                        3rd     Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
 2599  787.04(3)                        3rd     Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
 2600  787.07                           3rd     Human smuggling.          
 2601  790.115(1)                       3rd     Exhibiting firearm or weapon within 1,000 feet of a school.
 2602  790.115(2)(b)                    3rd     Possessing electric weapon or device, destructive device, or other weapon on school property.
 2603  790.115(2)(c)                    3rd     Possessing firearm on school property.
 2604  800.04(7)(c)                     3rd     Lewd or lascivious exhibition; offender less than 18 years.
 2605  810.02(4)(a)                     3rd     Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
 2606  810.02(4)(b)                     3rd     Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
 2607  810.06                           3rd     Burglary; possession of tools.
 2608  810.08(2)(c)                     3rd     Trespass on property, armed with firearm or dangerous weapon.
 2609  812.014(2)(c)3.                  3rd     Grand theft, 3rd degree $10,000 or more but less than $20,000.
 2610  812.014 (2)(c)4.-10.             3rd     Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
 2611  812.0195(2)                      3rd     Dealing in stolen property by use of the Internet; property stolen $300 or more.
 2612  817.563(1)                       3rd     Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
 2613  817.568(2)(a)                    3rd     Fraudulent use of personal identification information.
 2614  817.625(2)(a)                    3rd     Fraudulent use of scanning device or reencoder.
 2615  828.125(1)                       2nd     Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
 2616  837.02(1)                        3rd     Perjury in official proceedings.
 2617  837.021(1)                       3rd     Make contradictory statements in official proceedings.
 2618  838.022                          3rd     Official misconduct.      
 2619  839.13(2)(a)                     3rd     Falsifying records of an individual in the care and custody of a state agency.
 2620  839.13(2)(c)                     3rd     Falsifying records of the Department of Children and Families.
 2621  843.021                          3rd     Possession of a concealed handcuff key by a person in custody.
 2622  843.025                          3rd     Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
 2623  843.15(1)(a)                     3rd     Failure to appear while on bail for felony (bond estreature or bond jumping).
 2624  847.0135(5)(c)                   3rd     Lewd or lascivious exhibition using computer; offender less than 18 years.
 2625  874.05(1)(a)                     3rd     Encouraging or recruiting another to join a criminal gang.
 2626  893.13(2)(a)1.                   2nd     Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs).
 2627  914.14(2)                        3rd     Witnesses accepting bribes.
 2628  914.22(1)                        3rd     Force, threaten, etc., witness, victim, or informant.
 2629  914.23(2)                        3rd     Retaliation against a witness, victim, or informant, no bodily injury.
 2630  918.12                           3rd     Tampering with jurors.    
 2631  934.215                          3rd     Use of two-way communications device to facilitate commission of a crime.
 2632  
 2633         (e) LEVEL 5
 2634  
 2635  FloridaStatute              FelonyDegree        Description        
 2636  316.027(2)(a)                    3rd     Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
 2637  316.1935(4)(a)                   2nd     Aggravated fleeing or eluding.
 2638  322.34(6)                        3rd     Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
 2639  327.30(5)                        3rd     Vessel accidents involving personal injury; leaving scene.
 2640  379.367(4)                       3rd     Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
 2641  379.3671 (2)(c)3.                3rd     Willful molestation, possession, or removal of a commercial harvester’s trap contents or trap gear by another harvester.
 2642  381.0041(11)(b)                  3rd     Donate blood, plasma, or organs knowing HIV positive.
 2643  440.10(1)(g)                     2nd     Failure to obtain workers’ compensation coverage.
 2644  440.105(5)                       2nd     Unlawful solicitation for the purpose of making workers’ compensation claims.
 2645  440.381(2)                       2nd     Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
 2646  624.401(4)(b)2.                  2nd     Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
 2647  626.902(1)(c)                    2nd     Representing an unauthorized insurer; repeat offender.
 2648  790.01(2)                        3rd     Carrying a concealed firearm.
 2649  790.162                          2nd     Threat to throw or discharge destructive device.
 2650  790.163(1)                       2nd     False report of deadly explosive or weapon of mass destruction.
 2651  790.221(1)                       2nd     Possession of short-barreled shotgun or machine gun.
 2652  790.23                           2nd     Felons in possession of firearms, ammunition, or electronic weapons or devices.
 2653  796.05(1)                        2nd     Live on earnings of a prostitute; 1st offense.
 2654  800.04(6)(c)                     3rd     Lewd or lascivious conduct; offender less than 18 years of age.
 2655  800.04(7)(b)                     2nd     Lewd or lascivious exhibition; offender 18 years of age or older.
 2656  806.111(1)                       3rd     Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
 2657  812.0145(2)(b)                   2nd     Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
 2658  812.015(8)                       3rd     Retail theft; property stolen is valued at $300 or more and one or more specified acts.
 2659  812.019(1)                       2nd     Stolen property; dealing in or trafficking in.
 2660  812.131(2)(b)                    3rd     Robbery by sudden snatching.
 2661  812.16(2)                        3rd     Owning, operating, or conducting a chop shop.
 2662  817.034(4)(a)2.                  2nd     Communications fraud, value $20,000 to $50,000.
 2663  817.234(11)(b)                   2nd     Insurance fraud; property value $20,000 or more but less than $100,000.
 2664  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.
 2665  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 persons.
 2666  817.625(2)(b)                    2nd     Second or subsequent fraudulent use of scanning device or reencoder.
 2667  825.1025(4)                      3rd     Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
 2668  827.071(4)                       2nd     Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
 2669  827.071(5)                       3rd     Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
 2670  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.
 2671  843.01                           3rd     Resist officer with violence to person; resist arrest with violence.
 2672  847.0135(5)(b)                   2nd     Lewd or lascivious exhibition using computer; offender 18 years or older.
 2673  847.0137 (2) & (3)               3rd     Transmission of pornography by electronic device or equipment.
 2674  847.0138 (2) & (3)               3rd     Transmission of material harmful to minors to a minor by electronic device or equipment.
 2675  874.05(1)(b)                     2nd     Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
 2676  874.05(2)(a)                     2nd     Encouraging or recruiting person under 13 years of age to join a criminal gang.
 2677  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).
 2678  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.
 2679  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.
 2680  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.
 2681  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.
 2682  893.13(4)(b)                     2nd     Use or hire of minor; deliver to minor other controlled substance 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).
 2683  893.1351(1)                      3rd     Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
 2684  
 2685         (g) LEVEL 7
 2686  
 2687  FloridaStatute           FelonyDegree         Description         
 2688  316.027(2)(c)                 1st     Accident involving death, failure to stop; leaving scene.
 2689  316.193(3)(c)2.               3rd     DUI resulting in serious bodily injury.
 2690  316.1935(3)(b)                1st     Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
 2691  327.35(3)(c)2.                3rd     Vessel BUI resulting in serious bodily injury.
 2692  402.319(2)                    2nd     Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
 2693  409.920 (2)(b)1.a.            3rd     Medicaid provider fraud; $10,000 or less.
 2694  409.920 (2)(b)1.b.            2nd     Medicaid provider fraud; more than $10,000, but less than $50,000.
 2695  456.065(2)                    3rd     Practicing a health care profession without a license.
 2696  456.065(2)                    2nd     Practicing a health care profession without a license which results in serious bodily injury.
 2697  458.327(1)                    3rd     Practicing medicine without a license.
 2698  459.013(1)                    3rd     Practicing osteopathic medicine without a license.
 2699  460.411(1)                    3rd     Practicing chiropractic medicine without a license.
 2700  461.012(1)                    3rd     Practicing podiatric medicine without a license.
 2701  462.17                        3rd     Practicing naturopathy without a license.
 2702  463.015(1)                    3rd     Practicing optometry without a license.
 2703  464.016(1)                    3rd     Practicing nursing without a license.
 2704  465.015(2)                    3rd     Practicing pharmacy without a license.
 2705  466.026(1)                    3rd     Practicing dentistry or dental hygiene without a license.
 2706  467.201                       3rd     Practicing midwifery without a license.
 2707  468.366                       3rd     Delivering respiratory care services without a license.
 2708  483.828(1)                    3rd     Practicing as clinical laboratory personnel without a license.
 2709  483.901(9)                    3rd     Practicing medical physics without a license.
 2710  484.013(1)(c)                 3rd     Preparing or dispensing optical devices without a prescription.
 2711  484.053                       3rd     Dispensing hearing aids without a license.
 2712  494.0018(2)                   1st     Conviction of any violation of chapter 494 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
 2713  560.123(8)(b)1.               3rd     Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
 2714  560.125(5)(a)                 3rd     Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
 2715  655.50(10)(b)1.               3rd     Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
 2716  775.21(10)(a)                 3rd     Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
 2717  775.21(10)(b)                 3rd     Sexual predator working where children regularly congregate.
 2718  775.21(10)(g)                 3rd     Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
 2719  782.051(3)                    2nd     Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
 2720  782.07(1)                     2nd     Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
 2721  782.071                       2nd     Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
 2722  782.072                       2nd     Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
 2723  784.045(1)(a)1.               2nd     Aggravated battery; intentionally causing great bodily harm or disfigurement.
 2724  784.045(1)(a)2.               2nd     Aggravated battery; using deadly weapon.
 2725  784.045(1)(b)                 2nd     Aggravated battery; perpetrator aware victim pregnant.
 2726  784.048(4)                    3rd     Aggravated stalking; violation of injunction or court order.
 2727  784.048(7)                    3rd     Aggravated stalking; violation of court order.
 2728  784.07(2)(d)                  1st     Aggravated battery on law enforcement officer.
 2729  784.074(1)(a)                 1st     Aggravated battery on sexually violent predators facility staff.
 2730  784.08(2)(a)                  1st     Aggravated battery on a person 65 years of age or older.
 2731  784.081(1)                    1st     Aggravated battery on specified official or employee.
 2732  784.082(1)                    1st     Aggravated battery by detained person on visitor or other detainee.
 2733  784.083(1)                    1st     Aggravated battery on code inspector.
 2734  787.06(3)(a)2.                1st     Human trafficking using coercion for labor and services of an adult.
 2735  787.06(3)(e)2.                1st     Human trafficking using coercion for labor and services by the transfer or transport of an adult from outside Florida to within the state.
 2736  790.07(4)                     1st     Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
 2737  790.16(1)                     1st     Discharge of a machine gun under specified circumstances.
 2738  790.165(2)                    2nd     Manufacture, sell, possess, or deliver hoax bomb.
 2739  790.165(3)                    2nd     Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
 2740  790.166(3)                    2nd     Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
 2741  790.166(4)                    2nd     Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
 2742  790.23                      1st,PBL   Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
 2743  794.08(4)                     3rd     Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
 2744  796.05(1)                     1st     Live on earnings of a prostitute; 2nd offense.
 2745  796.05(1)                     1st     Live on earnings of a prostitute; 3rd and subsequent offense.
 2746  800.04(5)(c)1.                2nd     Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
 2747  800.04(5)(c)2.                2nd     Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years of age; offender 18 years of age or older.
 2748  800.04(5)(e)                  1st     Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years; offender 18 years or older; prior conviction for specified sex offense.
 2749  806.01(2)                     2nd     Maliciously damage structure by fire or explosive.
 2750  810.02(3)(a)                  2nd     Burglary of occupied dwelling; unarmed; no assault or battery.
 2751  810.02(3)(b)                  2nd     Burglary of unoccupied dwelling; unarmed; no assault or battery.
 2752  810.02(3)(d)                  2nd     Burglary of occupied conveyance; unarmed; no assault or battery.
 2753  810.02(3)(e)                  2nd     Burglary of authorized emergency vehicle.
 2754  812.014(2)(a)1.               1st     Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
 2755  812.014(2)(b)2.               2nd     Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
 2756  812.014(2)(b)3.               2nd     Property stolen, emergency medical equipment; 2nd degree grand theft.
 2757  812.014(2)(b)4.               2nd     Property stolen, law enforcement equipment from authorized emergency vehicle.
 2758  812.0145(2)(a)                1st     Theft from person 65 years of age or older; $50,000 or more.
 2759  812.019(2)                    1st     Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
 2760  812.131(2)(a)                 2nd     Robbery by sudden snatching.
 2761  812.133(2)(b)                 1st     Carjacking; no firearm, deadly weapon, or other weapon.
 2762  817.034(4)(a)1.               1st     Communications fraud, value greater than $50,000.
 2763  817.234(8)(a)                 2nd     Solicitation of motor vehicle accident victims with intent to defraud.
 2764  817.234(9)                    2nd     Organizing, planning, or participating in an intentional motor vehicle collision.
 2765  817.234(11)(c)                1st     Insurance fraud; property value $100,000 or more.
 2766  817.2341 (2)(b) & (3)(b)      1st     Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
 2767  817.535(2)(a)                 3rd     Filing false lien or other unauthorized document.
 2768  825.102(3)(b)                 2nd     Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
 2769  825.103(3)(b)                 2nd     Exploiting an elderly person or disabled adult and property is valued at $10,000 or more, but less than $50,000.
 2770  827.03(2)(b)                  2nd     Neglect of a child causing great bodily harm, disability, or disfigurement.
 2771  827.04(3)                     3rd     Impregnation of a child under 16 years of age by person 21 years of age or older.
 2772  837.05(2)                     3rd     Giving false information about alleged capital felony to a law enforcement officer.
 2773  838.015                       2nd     Bribery.                    
 2774  838.016                       2nd     Unlawful compensation or reward for official behavior.
 2775  838.021(3)(a)                 2nd     Unlawful harm to a public servant.
 2776  838.22                        2nd     Bid tampering.              
 2777  843.0855(2)                   3rd     Impersonation of a public officer or employee.
 2778  843.0855(3)                   3rd     Unlawful simulation of legal process.
 2779  843.0855(4)                   3rd     Intimidation of a public officer or employee.
 2780  847.0135(3)                   3rd     Solicitation of a child, via a computer service, to commit an unlawful sex act.
 2781  847.0135(4)                   2nd     Traveling to meet a minor to commit an unlawful sex act.
 2782  872.06                        2nd     Abuse of a dead human body. 
 2783  874.05(2)(b)                  1st     Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
 2784  874.10                      1st,PBL   Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
 2785  893.13(1)(c)1.                1st     Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
 2786  893.13(1)(e)1.                1st     Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
 2787  893.13(4)(a)                  1st     Use or hire of minor; deliver to minor other controlled substance cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
 2788  893.135(1)(a)1.               1st     Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
 2789  893.135 (1)(b)1.a.            1st     Trafficking in cocaine, more than 28 grams, less than 200 grams.
 2790  893.135 (1)(c)1.a.            1st     Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
 2791  893.135 (1)(c)2.a.            1st     Trafficking in hydrocodone, 14 grams or more, less than 28 grams.
 2792  893.135 (1)(c)2.b.            1st     Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
 2793  893.135 (1)(c)3.a.            1st     Trafficking in oxycodone, 7 grams or more, less than 14 grams.
 2794  893.135 (1)(c)3.b.            1st     Trafficking in oxycodone, 14 grams or more, less than 25 grams.
 2795  893.135(1)(d)1.               1st     Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
 2796  893.135(1)(e)1.               1st     Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
 2797  893.135(1)(f)1.               1st     Trafficking in amphetamine, more than 14 grams, less than 28 grams.
 2798  893.135 (1)(g)1.a.            1st     Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
 2799  893.135 (1)(h)1.a.            1st     Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
 2800  893.135 (1)(j)1.a.            1st     Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
 2801  893.135 (1)(k)2.a.            1st     Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
 2802  893.1351(2)                   2nd     Possession of place for trafficking in or manufacturing of controlled substance.
 2803  896.101(5)(a)                 3rd     Money laundering, financial transactions exceeding $300 but less than $20,000.
 2804  896.104(4)(a)1.               3rd     Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
 2805  943.0435(4)(c)                2nd     Sexual offender vacating permanent residence; failure to comply with reporting requirements.
 2806  943.0435(8)                   2nd     Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
 2807  943.0435(9)(a)                3rd     Sexual offender; failure to comply with reporting requirements.
 2808  943.0435(13)                  3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 2809  943.0435(14)                  3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 2810  944.607(9)                    3rd     Sexual offender; failure to comply with reporting requirements.
 2811  944.607(10)(a)                3rd     Sexual offender; failure to submit to the taking of a digitized photograph.
 2812  944.607(12)                   3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 2813  944.607(13)                   3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 2814  985.4815(10)                  3rd     Sexual offender; failure to submit to the taking of a digitized photograph.
 2815  985.4815(12)                  3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 2816  985.4815(13)                  3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 2817  
 2818         (h) LEVEL 8
 2819  
 2820  FloridaStatute            FelonyDegree         Description         
 2821  316.193 (3)(c)3.a.             2nd     DUI manslaughter.           
 2822  316.1935(4)(b)                 1st     Aggravated fleeing or attempted eluding with serious bodily injury or death.
 2823  327.35(3)(c)3.                 2nd     Vessel BUI manslaughter.    
 2824  499.0051(7)                    1st     Knowing trafficking in contraband prescription drugs.
 2825  499.0051(8)                    1st     Knowing forgery of prescription labels or prescription drug labels.
 2826  560.123(8)(b)2.                2nd     Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
 2827  560.125(5)(b)                  2nd     Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
 2828  655.50(10)(b)2.                2nd     Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
 2829  777.03(2)(a)                   1st     Accessory after the fact, capital felony.
 2830  782.04(4)                      2nd     Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aggravated fleeing or eluding with serious bodily injury or death, aircraft piracy, or unlawfully discharging bomb.
 2831  782.051(2)                     1st     Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
 2832  782.071(1)(b)                  1st     Committing vehicular homicide and failing to render aid or give information.
 2833  782.072(2)                     1st     Committing vessel homicide and failing to render aid or give information.
 2834  787.06(3)(a)1.                 1st     Human trafficking for labor and services of a child.
 2835  787.06(3)(b)                   1st     Human trafficking using coercion for commercial sexual activity of an adult.
 2836  787.06(3)(c)2.                 1st     Human trafficking using coercion for labor and services of an unauthorized alien adult.
 2837  787.06(3)(e)1.                 1st     Human trafficking for labor and services by the transfer or transport of a child from outside Florida to within the state.
 2838  787.06(3)(f)2.                 1st     Human trafficking using coercion for commercial sexual activity by the transfer or transport of any adult from outside Florida to within the state.
 2839  790.161(3)                     1st     Discharging a destructive device which results in bodily harm or property damage.
 2840  794.011(5)(a)                  1st     Sexual battery; victim 12 years of age or older but younger than 18 years; offender 18 years or older; offender does not use physical force likely to cause serious injury.
 2841  794.011(5)(b)                  2nd     Sexual battery; victim and offender 18 years of age or older; offender does not use physical force likely to cause serious injury.
 2842  794.011(5)(c)                  2nd     Sexual battery; victim 12 years of age or older; offender younger than 18 years; offender does not use physical force likely to cause injury.
 2843  794.011(5)(d)                  1st     Sexual battery; victim 12 years of age or older; offender does not use physical force likely to cause serious injury; prior conviction for specified sex offense.
 2844  794.08(3)                      2nd     Female genital mutilation, removal of a victim younger than 18 years of age from this state.
 2845  800.04(4)(b)                   2nd     Lewd or lascivious battery. 
 2846  800.04(4)(c)                   1st     Lewd or lascivious battery; offender 18 years of age or older; prior conviction for specified sex offense.
 2847  806.01(1)                      1st     Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
 2848  810.02(2)(a)                 1st,PBL   Burglary with assault or battery.
 2849  810.02(2)(b)                 1st,PBL   Burglary; armed with explosives or dangerous weapon.
 2850  810.02(2)(c)                   1st     Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
 2851  812.014(2)(a)2.                1st     Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
 2852  812.13(2)(b)                   1st     Robbery with a weapon.      
 2853  812.135(2)(c)                  1st     Home-invasion robbery, no firearm, deadly weapon, or other weapon.
 2854  817.535(2)(b)                  2nd     Filing false lien or other unauthorized document; second or subsequent offense.
 2855  817.535(3)(a)                  2nd     Filing false lien or other unauthorized document; property owner is a public officer or employee.
 2856  817.535(4)(a)1.                2nd     Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
 2857  817.535(5)(a)                  2nd     Filing false lien or other unauthorized document; owner of the property incurs financial loss as a result of the false instrument.
 2858  817.568(6)                     2nd     Fraudulent use of personal identification information of an individual under the age of 18.
 2859  825.102(2)                     1st     Aggravated abuse of an elderly person or disabled adult.
 2860  825.1025(2)                    2nd     Lewd or lascivious battery upon an elderly person or disabled adult.
 2861  825.103(3)(a)                  1st     Exploiting an elderly person or disabled adult and property is valued at $50,000 or more.
 2862  837.02(2)                      2nd     Perjury in official proceedings relating to prosecution of a capital felony.
 2863  837.021(2)                     2nd     Making contradictory statements in official proceedings relating to prosecution of a capital felony.
 2864  860.121(2)(c)                  1st     Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
 2865  860.16                         1st     Aircraft piracy.            
 2866  893.13(1)(b)                   1st     Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
 2867  893.13(2)(b)                   1st     Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
 2868  893.13(6)(c)                   1st     Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
 2869  893.135(1)(a)2.                1st     Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
 2870  893.135 (1)(b)1.b.             1st     Trafficking in cocaine, more than 200 grams, less than 400 grams.
 2871  893.135 (1)(c)1.b.             1st     Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
 2872  893.135 (1)(c)2.c.             1st     Trafficking in hydrocodone, 50 grams or more, less than 200 grams.
 2873  893.135 (1)(c)3.c.             1st     Trafficking in oxycodone, 25 grams or more, less than 100 grams.
 2874  893.135 (1)(d)1.b.             1st     Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
 2875  893.135 (1)(e)1.b.             1st     Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
 2876  893.135 (1)(f)1.b.             1st     Trafficking in amphetamine, more than 28 grams, less than 200 grams.
 2877  893.135 (1)(g)1.b.             1st     Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
 2878  893.135 (1)(h)1.b.             1st     Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
 2879  893.135 (1)(j)1.b.             1st     Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
 2880  893.135 (1)(k)2.b.             1st     Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
 2881  893.1351(3)                    1st     Possession of a place used to manufacture controlled substance when minor is present or resides there.
 2882  895.03(1)                      1st     Use or invest proceeds derived from pattern of racketeering activity.
 2883  895.03(2)                      1st     Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
 2884  895.03(3)                      1st     Conduct or participate in any enterprise through pattern of racketeering activity.
 2885  896.101(5)(b)                  2nd     Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
 2886  896.104(4)(a)2.                2nd     Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
 2887  
 2888  
 2889         Section 11. For the purpose of incorporating the amendment
 2890  made by this act to section 893.03, Florida Statutes, in
 2891  references thereto, paragraphs (a) and (g) of subsection (30) of
 2892  section 39.01, Florida Statutes, are reenacted to read:
 2893         39.01 Definitions.—When used in this chapter, unless the
 2894  context otherwise requires:
 2895         (30) “Harm” to a child’s health or welfare can occur when
 2896  any person:
 2897         (a) Inflicts or allows to be inflicted upon the child
 2898  physical, mental, or emotional injury. In determining whether
 2899  harm has occurred, the following factors must be considered in
 2900  evaluating any physical, mental, or emotional injury to a child:
 2901  the age of the child; any prior history of injuries to the
 2902  child; the location of the injury on the body of the child; the
 2903  multiplicity of the injury; and the type of trauma inflicted.
 2904  Such injury includes, but is not limited to:
 2905         1. Willful acts that produce the following specific
 2906  injuries:
 2907         a. Sprains, dislocations, or cartilage damage.
 2908         b. Bone or skull fractures.
 2909         c. Brain or spinal cord damage.
 2910         d. Intracranial hemorrhage or injury to other internal
 2911  organs.
 2912         e. Asphyxiation, suffocation, or drowning.
 2913         f. Injury resulting from the use of a deadly weapon.
 2914         g. Burns or scalding.
 2915         h. Cuts, lacerations, punctures, or bites.
 2916         i. Permanent or temporary disfigurement.
 2917         j. Permanent or temporary loss or impairment of a body part
 2918  or function.
 2919  
 2920  As used in this subparagraph, the term “willful” refers to the
 2921  intent to perform an action, not to the intent to achieve a
 2922  result or to cause an injury.
 2923         2. Purposely giving a child poison, alcohol, drugs, or
 2924  other substances that substantially affect the child’s behavior,
 2925  motor coordination, or judgment or that result in sickness or
 2926  internal injury. For the purposes of this subparagraph, the term
 2927  “drugs” means prescription drugs not prescribed for the child or
 2928  not administered as prescribed, and controlled substances as
 2929  outlined in Schedule I or Schedule II of s. 893.03.
 2930         3. Leaving a child without adult supervision or arrangement
 2931  appropriate for the child’s age or mental or physical condition,
 2932  so that the child is unable to care for the child’s own needs or
 2933  another’s basic needs or is unable to exercise good judgment in
 2934  responding to any kind of physical or emotional crisis.
 2935         4. Inappropriate or excessively harsh disciplinary action
 2936  that is likely to result in physical injury, mental injury as
 2937  defined in this section, or emotional injury. The significance
 2938  of any injury must be evaluated in light of the following
 2939  factors: the age of the child; any prior history of injuries to
 2940  the child; the location of the injury on the body of the child;
 2941  the multiplicity of the injury; and the type of trauma
 2942  inflicted. Corporal discipline may be considered excessive or
 2943  abusive when it results in any of the following or other similar
 2944  injuries:
 2945         a. Sprains, dislocations, or cartilage damage.
 2946         b. Bone or skull fractures.
 2947         c. Brain or spinal cord damage.
 2948         d. Intracranial hemorrhage or injury to other internal
 2949  organs.
 2950         e. Asphyxiation, suffocation, or drowning.
 2951         f. Injury resulting from the use of a deadly weapon.
 2952         g. Burns or scalding.
 2953         h. Cuts, lacerations, punctures, or bites.
 2954         i. Permanent or temporary disfigurement.
 2955         j. Permanent or temporary loss or impairment of a body part
 2956  or function.
 2957         k. Significant bruises or welts.
 2958         (g) Exposes a child to a controlled substance or alcohol.
 2959  Exposure to a controlled substance or alcohol is established by:
 2960         1. A test, administered at birth, which indicated that the
 2961  child’s blood, urine, or meconium contained any amount of
 2962  alcohol or a controlled substance or metabolites of such
 2963  substances, the presence of which was not the result of medical
 2964  treatment administered to the mother or the newborn infant; or
 2965         2. Evidence of extensive, abusive, and chronic use of a
 2966  controlled substance or alcohol by a parent when the child is
 2967  demonstrably adversely affected by such usage.
 2968  
 2969  As used in this paragraph, the term “controlled substance” means
 2970  prescription drugs not prescribed for the parent or not
 2971  administered as prescribed and controlled substances as outlined
 2972  in Schedule I or Schedule II of s. 893.03.
 2973         Section 12. For the purpose of incorporating the amendment
 2974  made by this act to section 893.03, Florida Statutes, in a
 2975  reference thereto, subsection (5) of section 316.193, Florida
 2976  Statutes, is reenacted to read:
 2977         316.193 Driving under the influence; penalties.—
 2978         (5) The court shall place all offenders convicted of
 2979  violating this section on monthly reporting probation and shall
 2980  require completion of a substance abuse course conducted by a
 2981  DUI program licensed by the department under s. 322.292, which
 2982  must include a psychosocial evaluation of the offender. If the
 2983  DUI program refers the offender to an authorized substance abuse
 2984  treatment provider for substance abuse treatment, in addition to
 2985  any sentence or fine imposed under this section, completion of
 2986  all such education, evaluation, and treatment is a condition of
 2987  reporting probation. The offender shall assume reasonable costs
 2988  for such education, evaluation, and treatment. The referral to
 2989  treatment resulting from a psychosocial evaluation shall not be
 2990  waived without a supporting independent psychosocial evaluation
 2991  conducted by an authorized substance abuse treatment provider
 2992  appointed by the court, which shall have access to the DUI
 2993  program’s psychosocial evaluation before the independent
 2994  psychosocial evaluation is conducted. The court shall review the
 2995  results and recommendations of both evaluations before
 2996  determining the request for waiver. The offender shall bear the
 2997  full cost of this procedure. The term “substance abuse” means
 2998  the abuse of alcohol or any substance named or described in
 2999  Schedules I through V of s. 893.03. If an offender referred to
 3000  treatment under this subsection fails to report for or complete
 3001  such treatment or fails to complete the DUI program substance
 3002  abuse education course and evaluation, the DUI program shall
 3003  notify the court and the department of the failure. Upon receipt
 3004  of the notice, the department shall cancel the offender’s
 3005  driving privilege, notwithstanding the terms of the court order
 3006  or any suspension or revocation of the driving privilege. The
 3007  department may temporarily reinstate the driving privilege on a
 3008  restricted basis upon verification from the DUI program that the
 3009  offender is currently participating in treatment and the DUI
 3010  education course and evaluation requirement has been completed.
 3011  If the DUI program notifies the department of the second failure
 3012  to complete treatment, the department shall reinstate the
 3013  driving privilege only after notice of completion of treatment
 3014  from the DUI program. The organization that conducts the
 3015  substance abuse education and evaluation may not provide
 3016  required substance abuse treatment unless a waiver has been
 3017  granted to that organization by the department. A waiver may be
 3018  granted only if the department determines, in accordance with
 3019  its rules, that the service provider that conducts the substance
 3020  abuse education and evaluation is the most appropriate service
 3021  provider and is licensed under chapter 397 or is exempt from
 3022  such licensure. A statistical referral report shall be submitted
 3023  quarterly to the department by each organization authorized to
 3024  provide services under this section.
 3025         Section 13. For the purpose of incorporating the amendment
 3026  made by this act to section 893.03, Florida Statutes, in a
 3027  reference thereto, paragraph (c) of subsection (2) of section
 3028  322.2616, Florida Statutes, is reenacted to read:
 3029         322.2616 Suspension of license; persons under 21 years of
 3030  age; right to review.—
 3031         (2)
 3032         (c) When a driver subject to this section has a blood
 3033  alcohol or breath-alcohol level of 0.05 or higher, the
 3034  suspension shall remain in effect until such time as the driver
 3035  has completed a substance abuse course offered by a DUI program
 3036  licensed by the department. The driver shall assume the
 3037  reasonable costs for the substance abuse course. As part of the
 3038  substance abuse course, the program shall conduct a substance
 3039  abuse evaluation of the driver, and notify the parents or legal
 3040  guardians of drivers under the age of 19 years of the results of
 3041  the evaluation. The term “substance abuse” means the abuse of
 3042  alcohol or any substance named or described in Schedules I
 3043  through V of s. 893.03. If a driver fails to complete the
 3044  substance abuse education course and evaluation, the driver
 3045  license shall not be reinstated by the department.
 3046         Section 14. For the purpose of incorporating the amendment
 3047  made by this act to section 893.03, Florida Statutes, in a
 3048  reference thereto, subsection (5) of section 327.35, Florida
 3049  Statutes, is reenacted to read:
 3050         327.35 Boating under the influence; penalties; “designated
 3051  drivers.”—
 3052         (5) In addition to any sentence or fine, the court shall
 3053  place any offender convicted of violating this section on
 3054  monthly reporting probation and shall require attendance at a
 3055  substance abuse course specified by the court; and the agency
 3056  conducting the course may refer the offender to an authorized
 3057  service provider for substance abuse evaluation and treatment,
 3058  in addition to any sentence or fine imposed under this section.
 3059  The offender shall assume reasonable costs for such education,
 3060  evaluation, and treatment, with completion of all such
 3061  education, evaluation, and treatment being a condition of
 3062  reporting probation. Treatment resulting from a psychosocial
 3063  evaluation may not be waived without a supporting psychosocial
 3064  evaluation conducted by an agency appointed by the court and
 3065  with access to the original evaluation. The offender shall bear
 3066  the cost of this procedure. The term “substance abuse” means the
 3067  abuse of alcohol or any substance named or described in
 3068  Schedules I-V of s. 893.03.
 3069         Section 15. For the purpose of incorporating the amendment
 3070  made by this act to section 893.03, Florida Statutes, in a
 3071  reference thereto, paragraph (b) of subsection (11) of section
 3072  440.102, Florida Statutes, is reenacted to read:
 3073         440.102 Drug-free workplace program requirements.—The
 3074  following provisions apply to a drug-free workplace program
 3075  implemented pursuant to law or to rules adopted by the Agency
 3076  for Health Care Administration:
 3077         (11) PUBLIC EMPLOYEES IN MANDATORY-TESTING OR SPECIAL-RISK
 3078  POSITIONS.—
 3079         (b) An employee who is employed by a public employer in a
 3080  special-risk position may be discharged or disciplined by a
 3081  public employer for the first positive confirmed test result if
 3082  the drug confirmed is an illicit drug under s. 893.03. A
 3083  special-risk employee who is participating in an employee
 3084  assistance program or drug rehabilitation program may not be
 3085  allowed to continue to work in any special-risk or mandatory
 3086  testing position of the public employer, but may be assigned to
 3087  a position other than a mandatory-testing position or placed on
 3088  leave while the employee is participating in the program.
 3089  However, the employee shall be permitted to use any accumulated
 3090  annual leave credits before leave may be ordered without pay.
 3091         Section 16. For the purpose of incorporating the amendment
 3092  made by this act to section 893.03, Florida Statutes, in a
 3093  reference thereto, subsection (2) of section 456.44, Florida
 3094  Statutes, is reenacted to read:
 3095         456.44 Controlled substance prescribing.—
 3096         (2) REGISTRATION.—Effective January 1, 2012, a physician
 3097  licensed under chapter 458, chapter 459, chapter 461, or chapter
 3098  466 who prescribes any controlled substance, listed in Schedule
 3099  II, Schedule III, or Schedule IV as defined in s. 893.03, for
 3100  the treatment of chronic nonmalignant pain, must:
 3101         (a) Designate himself or herself as a controlled substance
 3102  prescribing practitioner on the physician’s practitioner
 3103  profile.
 3104         (b) Comply with the requirements of this section and
 3105  applicable board rules.
 3106         Section 17. For the purpose of incorporating the amendment
 3107  made by this act to section 893.03, Florida Statutes, in a
 3108  reference thereto, subsection (3) of section 458.326, Florida
 3109  Statutes, is reenacted to read:
 3110         458.326 Intractable pain; authorized treatment.—
 3111         (3) Notwithstanding any other provision of law, a physician
 3112  may prescribe or administer any controlled substance under
 3113  Schedules II-V, as provided for in s. 893.03, to a person for
 3114  the treatment of intractable pain, provided the physician does
 3115  so in accordance with that level of care, skill, and treatment
 3116  recognized by a reasonably prudent physician under similar
 3117  conditions and circumstances.
 3118         Section 18. For the purpose of incorporating the amendment
 3119  made by this act to section 893.03, Florida Statutes, in a
 3120  reference thereto, paragraph (e) of subsection (1) of section
 3121  458.3265, Florida Statutes, is reenacted to read:
 3122         458.3265 Pain-management clinics.—
 3123         (1) REGISTRATION.—
 3124         (e) The department shall deny registration to any pain
 3125  management clinic owned by or with any contractual or employment
 3126  relationship with a physician:
 3127         1. Whose Drug Enforcement Administration number has ever
 3128  been revoked.
 3129         2. Whose application for a license to prescribe, dispense,
 3130  or administer a controlled substance has been denied by any
 3131  jurisdiction.
 3132         3. Who has been convicted of or pleaded guilty or nolo
 3133  contendere to, regardless of adjudication, an offense that
 3134  constitutes a felony for receipt of illicit and diverted drugs,
 3135  including a controlled substance listed in Schedule I, Schedule
 3136  II, Schedule III, Schedule IV, or Schedule V of s. 893.03, in
 3137  this state, any other state, or the United States.
 3138         Section 19. For the purpose of incorporating the amendment
 3139  made by this act to section 893.03, Florida Statutes, in a
 3140  reference thereto, paragraph (e) of subsection (1) of section
 3141  459.0137, Florida Statutes, is reenacted to read:
 3142         459.0137 Pain-management clinics.—
 3143         (1) REGISTRATION.—
 3144         (e) The department shall deny registration to any pain
 3145  management clinic owned by or with any contractual or employment
 3146  relationship with a physician:
 3147         1. Whose Drug Enforcement Administration number has ever
 3148  been revoked.
 3149         2. Whose application for a license to prescribe, dispense,
 3150  or administer a controlled substance has been denied by any
 3151  jurisdiction.
 3152         3. Who has been convicted of or pleaded guilty or nolo
 3153  contendere to, regardless of adjudication, an offense that
 3154  constitutes a felony for receipt of illicit and diverted drugs,
 3155  including a controlled substance listed in Schedule I, Schedule
 3156  II, Schedule III, Schedule IV, or Schedule V of s. 893.03, in
 3157  this state, any other state, or the United States.
 3158         Section 20. For the purpose of incorporating the amendment
 3159  made by this act to section 893.03, Florida Statutes, in a
 3160  reference thereto, paragraph (a) of subsection (4) of section
 3161  463.0055, Florida Statutes, is reenacted to read:
 3162         463.0055 Administration and prescription of ocular
 3163  pharmaceutical agents.—
 3164         (4) A certified optometrist shall be issued a prescriber
 3165  number by the board. Any prescription written by a certified
 3166  optometrist for an ocular pharmaceutical agent pursuant to this
 3167  section shall have the prescriber number printed thereon. A
 3168  certified optometrist may not administer or prescribe:
 3169         (a) A controlled substance listed in Schedule III, Schedule
 3170  IV, or Schedule V of s. 893.03, except for an oral analgesic
 3171  placed on the formulary pursuant to this section for the relief
 3172  of pain due to ocular conditions of the eye and its appendages.
 3173         Section 21. For the purpose of incorporating the amendment
 3174  made by this act to section 893.03, Florida Statutes, in a
 3175  reference thereto, paragraph (b) of subsection (1) of section
 3176  465.0276, Florida Statutes, is reenacted to read:
 3177         465.0276 Dispensing practitioner.—
 3178         (1)
 3179         (b) A practitioner registered under this section may not
 3180  dispense a controlled substance listed in Schedule II or
 3181  Schedule III as provided in s. 893.03. This paragraph does not
 3182  apply to:
 3183         1. The dispensing of complimentary packages of medicinal
 3184  drugs which are labeled as a drug sample or complimentary drug
 3185  as defined in s. 499.028 to the practitioner’s own patients in
 3186  the regular course of her or his practice without the payment of
 3187  a fee or remuneration of any kind, whether direct or indirect,
 3188  as provided in subsection (5).
 3189         2. The dispensing of controlled substances in the health
 3190  care system of the Department of Corrections.
 3191         3. The dispensing of a controlled substance listed in
 3192  Schedule II or Schedule III in connection with the performance
 3193  of a surgical procedure. The amount dispensed pursuant to the
 3194  subparagraph may not exceed a 14-day supply. This exception does
 3195  not allow for the dispensing of a controlled substance listed in
 3196  Schedule II or Schedule III more than 14 days after the
 3197  performance of the surgical procedure. For purposes of this
 3198  subparagraph, the term “surgical procedure” means any procedure
 3199  in any setting which involves, or reasonably should involve:
 3200         a. Perioperative medication and sedation that allows the
 3201  patient to tolerate unpleasant procedures while maintaining
 3202  adequate cardiorespiratory function and the ability to respond
 3203  purposefully to verbal or tactile stimulation and makes intra-
 3204  and postoperative monitoring necessary; or
 3205         b. The use of general anesthesia or major conduction
 3206  anesthesia and preoperative sedation.
 3207         4. The dispensing of a controlled substance listed in
 3208  Schedule II or Schedule III pursuant to an approved clinical
 3209  trial. For purposes of this subparagraph, the term “approved
 3210  clinical trial” means a clinical research study or clinical
 3211  investigation that, in whole or in part, is state or federally
 3212  funded or is conducted under an investigational new drug
 3213  application that is reviewed by the United States Food and Drug
 3214  Administration.
 3215         5. The dispensing of methadone in a facility licensed under
 3216  s. 397.427 where medication-assisted treatment for opiate
 3217  addiction is provided.
 3218         6. The dispensing of a controlled substance listed in
 3219  Schedule II or Schedule III to a patient of a facility licensed
 3220  under part IV of chapter 400.
 3221         Section 22. For the purpose of incorporating the amendment
 3222  made by this act to section 893.03, Florida Statutes, in
 3223  references thereto, subsection (14) and paragraph (a) of
 3224  subsection (15) of section 499.0121, Florida Statutes, are
 3225  reenacted to read:
 3226         499.0121 Storage and handling of prescription drugs;
 3227  recordkeeping.—The department shall adopt rules to implement
 3228  this section as necessary to protect the public health, safety,
 3229  and welfare. Such rules shall include, but not be limited to,
 3230  requirements for the storage and handling of prescription drugs
 3231  and for the establishment and maintenance of prescription drug
 3232  distribution records.
 3233         (14) DISTRIBUTION REPORTING.—Each prescription drug
 3234  wholesale distributor, out-of-state prescription drug wholesale
 3235  distributor, retail pharmacy drug wholesale distributor,
 3236  manufacturer, or repackager that engages in the wholesale
 3237  distribution of controlled substances as defined in s. 893.02
 3238  shall submit a report to the department of its receipts and
 3239  distributions of controlled substances listed in Schedule II,
 3240  Schedule III, Schedule IV, or Schedule V as provided in s.
 3241  893.03. Wholesale distributor facilities located within this
 3242  state shall report all transactions involving controlled
 3243  substances, and wholesale distributor facilities located outside
 3244  this state shall report all distributions to entities located in
 3245  this state. If the prescription drug wholesale distributor, out
 3246  of-state prescription drug wholesale distributor, retail
 3247  pharmacy drug wholesale distributor, manufacturer, or repackager
 3248  does not have any controlled substance distributions for the
 3249  month, a report shall be sent indicating that no distributions
 3250  occurred in the period. The report shall be submitted monthly by
 3251  the 20th of the next month, in the electronic format used for
 3252  controlled substance reporting to the Automation of Reports and
 3253  Consolidated Orders System division of the federal Drug
 3254  Enforcement Administration. Submission of electronic data must
 3255  be made in a secured Internet environment that allows for manual
 3256  or automated transmission. Upon successful transmission, an
 3257  acknowledgment page must be displayed to confirm receipt. The
 3258  report must contain the following information:
 3259         (a) The federal Drug Enforcement Administration
 3260  registration number of the wholesale distributing location.
 3261         (b) The federal Drug Enforcement Administration
 3262  registration number of the entity to which the drugs are
 3263  distributed or from which the drugs are received.
 3264         (c) The transaction code that indicates the type of
 3265  transaction.
 3266         (d) The National Drug Code identifier of the product and
 3267  the quantity distributed or received.
 3268         (e) The Drug Enforcement Administration Form 222 number or
 3269  Controlled Substance Ordering System Identifier on all Schedule
 3270  II transactions.
 3271         (f) The date of the transaction.
 3272  
 3273  The department must share the reported data with the Department
 3274  of Law Enforcement and local law enforcement agencies upon
 3275  request and must monitor purchasing to identify purchasing
 3276  levels that are inconsistent with the purchasing entity’s
 3277  clinical needs. The Department of Law Enforcement shall
 3278  investigate purchases at levels that are inconsistent with the
 3279  purchasing entity’s clinical needs to determine whether
 3280  violations of chapter 893 have occurred.
 3281         (15) DUE DILIGENCE OF PURCHASERS.—
 3282         (a) Each prescription drug wholesale distributor, out-of
 3283  state prescription drug wholesale distributor, and retail
 3284  pharmacy drug wholesale distributor must establish and maintain
 3285  policies and procedures to credential physicians licensed under
 3286  chapter 458, chapter 459, chapter 461, or chapter 466 and
 3287  pharmacies that purchase or otherwise receive from the wholesale
 3288  distributor controlled substances listed in Schedule II or
 3289  Schedule III as provided in s. 893.03. The prescription drug
 3290  wholesale distributor, out-of-state prescription drug wholesale
 3291  distributor, or retail pharmacy drug wholesale distributor shall
 3292  maintain records of such credentialing and make the records
 3293  available to the department upon request. Such credentialing
 3294  must, at a minimum, include:
 3295         1. A determination of the clinical nature of the receiving
 3296  entity, including any specialty practice area.
 3297         2. A review of the receiving entity’s history of Schedule
 3298  II and Schedule III controlled substance purchasing from the
 3299  wholesale distributor.
 3300         3. A determination that the receiving entity’s Schedule II
 3301  and Schedule III controlled substance purchasing history, if
 3302  any, is consistent with and reasonable for that entity’s
 3303  clinical business needs.
 3304         Section 23. For the purpose of incorporating the amendment
 3305  made by this act to section 893.03, Florida Statutes, in a
 3306  reference thereto, paragraph (a) of subsection (3) of section
 3307  499.029, Florida Statutes, is reenacted to read:
 3308         499.029 Cancer Drug Donation Program.—
 3309         (3) As used in this section:
 3310         (a) “Cancer drug” means a prescription drug that has been
 3311  approved under s. 505 of the federal Food, Drug, and Cosmetic
 3312  Act and is used to treat cancer or its side effects or is used
 3313  to treat the side effects of a prescription drug used to treat
 3314  cancer or its side effects. “Cancer drug” does not include a
 3315  substance listed in Schedule II, Schedule III, Schedule IV, or
 3316  Schedule V of s. 893.03.
 3317         Section 24. For the purpose of incorporating the amendment
 3318  made by this act to section 893.03, Florida Statutes, in
 3319  references thereto, subsections (1) and (4) of section 782.04,
 3320  Florida Statutes, are reenacted to read:
 3321         782.04 Murder.—
 3322         (1)(a) The unlawful killing of a human being:
 3323         1. When perpetrated from a premeditated design to effect
 3324  the death of the person killed or any human being;
 3325         2. When committed by a person engaged in the perpetration
 3326  of, or in the attempt to perpetrate, any:
 3327         a. Trafficking offense prohibited by s. 893.135(1),
 3328         b. Arson,
 3329         c. Sexual battery,
 3330         d. Robbery,
 3331         e. Burglary,
 3332         f. Kidnapping,
 3333         g. Escape,
 3334         h. Aggravated child abuse,
 3335         i. Aggravated abuse of an elderly person or disabled adult,
 3336         j. Aircraft piracy,
 3337         k. Unlawful throwing, placing, or discharging of a
 3338  destructive device or bomb,
 3339         l. Carjacking,
 3340         m. Home-invasion robbery,
 3341         n. Aggravated stalking,
 3342         o. Murder of another human being,
 3343         p. Resisting an officer with violence to his or her person,
 3344         q. Aggravated fleeing or eluding with serious bodily injury
 3345  or death,
 3346         r. Felony that is an act of terrorism or is in furtherance
 3347  of an act of terrorism; or
 3348         3. Which resulted from the unlawful distribution of any
 3349  substance controlled under s. 893.03(1), cocaine as described in
 3350  s. 893.03(2)(a)4., opium or any synthetic or natural salt,
 3351  compound, derivative, or preparation of opium, or methadone by a
 3352  person 18 years of age or older, when such drug is proven to be
 3353  the proximate cause of the death of the user,
 3354  
 3355  is murder in the first degree and constitutes a capital felony,
 3356  punishable as provided in s. 775.082.
 3357         (b) In all cases under this section, the procedure set
 3358  forth in s. 921.141 shall be followed in order to determine
 3359  sentence of death or life imprisonment.
 3360         (4) The unlawful killing of a human being, when perpetrated
 3361  without any design to effect death, by a person engaged in the
 3362  perpetration of, or in the attempt to perpetrate, any felony
 3363  other than any:
 3364         (a) Trafficking offense prohibited by s. 893.135(1),
 3365         (b) Arson,
 3366         (c) Sexual battery,
 3367         (d) Robbery,
 3368         (e) Burglary,
 3369         (f) Kidnapping,
 3370         (g) Escape,
 3371         (h) Aggravated child abuse,
 3372         (i) Aggravated abuse of an elderly person or disabled
 3373  adult,
 3374         (j) Aircraft piracy,
 3375         (k) Unlawful throwing, placing, or discharging of a
 3376  destructive device or bomb,
 3377         (l) Unlawful distribution of any substance controlled under
 3378  s. 893.03(1), cocaine as described in s. 893.03(2)(a)4., or
 3379  opium or any synthetic or natural salt, compound, derivative, or
 3380  preparation of opium by a person 18 years of age or older, when
 3381  such drug is proven to be the proximate cause of the death of
 3382  the user,
 3383         (m) Carjacking,
 3384         (n) Home-invasion robbery,
 3385         (o) Aggravated stalking,
 3386         (p) Murder of another human being,
 3387         (q) Aggravated fleeing or eluding with serious bodily
 3388  injury or death,
 3389         (r) Resisting an officer with violence to his or her
 3390  person, or
 3391         (s) Felony that is an act of terrorism or is in furtherance
 3392  of an act of terrorism,
 3393  
 3394  is murder in the third degree and constitutes a felony of the
 3395  second degree, punishable as provided in s. 775.082, s. 775.083,
 3396  or s. 775.084.
 3397         Section 25. For the purpose of incorporating the amendment
 3398  made by this act to section 893.03, Florida Statutes, in a
 3399  reference thereto, paragraph (a) of subsection (2) of section
 3400  787.06, Florida Statutes, is reenacted to read:
 3401         787.06 Human trafficking.—
 3402         (2) As used in this section, the term:
 3403         (a) “Coercion” means:
 3404         1. Using or threatening to use physical force against any
 3405  person;
 3406         2. Restraining, isolating, or confining or threatening to
 3407  restrain, isolate, or confine any person without lawful
 3408  authority and against her or his will;
 3409         3. Using lending or other credit methods to establish a
 3410  debt by any person when labor or services are pledged as a
 3411  security for the debt, if the value of the labor or services as
 3412  reasonably assessed is not applied toward the liquidation of the
 3413  debt, the length and nature of the labor or services are not
 3414  respectively limited and defined;
 3415         4. Destroying, concealing, removing, confiscating,
 3416  withholding, or possessing any actual or purported passport,
 3417  visa, or other immigration document, or any other actual or
 3418  purported government identification document, of any person;
 3419         5. Causing or threatening to cause financial harm to any
 3420  person;
 3421         6. Enticing or luring any person by fraud or deceit; or
 3422         7. Providing a controlled substance as outlined in Schedule
 3423  I or Schedule II of s. 893.03 to any person for the purpose of
 3424  exploitation of that person.
 3425         Section 26. For the purpose of incorporating the amendment
 3426  made by this act to section 893.03, Florida Statutes, in a
 3427  reference thereto, subsection (1) of section 817.563, Florida
 3428  Statutes, is reenacted to read:
 3429         817.563 Controlled substance named or described in s.
 3430  893.03; sale of substance in lieu thereof.—It is unlawful for
 3431  any person to agree, consent, or in any manner offer to
 3432  unlawfully sell to any person a controlled substance named or
 3433  described in s. 893.03 and then sell to such person any other
 3434  substance in lieu of such controlled substance. Any person who
 3435  violates this section with respect to:
 3436         (1) A controlled substance named or described in s.
 3437  893.03(1), (2), (3), or (4) is guilty of a felony of the third
 3438  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 3439  775.084.
 3440         Section 27. For the purpose of incorporating the amendment
 3441  made by this act to section 893.03, Florida Statutes, in a
 3442  reference thereto, section 831.31, Florida Statutes, is
 3443  reenacted to read:
 3444         831.31 Counterfeit controlled substance; sale, manufacture,
 3445  delivery, or possession with intent to sell, manufacture, or
 3446  deliver.—
 3447         (1) It is unlawful for any person to sell, manufacture, or
 3448  deliver, or to possess with intent to sell, manufacture, or
 3449  deliver, a counterfeit controlled substance. Any person who
 3450  violates this subsection with respect to:
 3451         (a) A controlled substance named or described in s.
 3452  893.03(1), (2), (3), or (4) is guilty of a felony of the third
 3453  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 3454  775.084.
 3455         (b) A controlled substance named or described in s.
 3456  893.03(5) is guilty of a misdemeanor of the second degree,
 3457  punishable as provided in s. 775.082 or s. 775.083.
 3458         (2) For purposes of this section, “counterfeit controlled
 3459  substance” means:
 3460         (a) A controlled substance named or described in s. 893.03
 3461  which, or the container or labeling of which, without
 3462  authorization bears the trademark, trade name, or other
 3463  identifying mark, imprint, or number, or any likeness thereof,
 3464  of a manufacturer other than the person who in fact manufactured
 3465  the controlled substance; or
 3466         (b) Any substance which is falsely identified as a
 3467  controlled substance named or described in s. 893.03.
 3468         Section 28. For the purpose of incorporating the amendment
 3469  made by this act to section 893.03, Florida Statutes, in a
 3470  reference thereto, section 893.0301, Florida Statutes, is
 3471  reenacted to read:
 3472         893.0301 Death resulting from apparent drug overdose;
 3473  reporting requirements.—If a person dies of an apparent drug
 3474  overdose:
 3475         (1) A law enforcement agency shall prepare a report
 3476  identifying each prescribed controlled substance listed in
 3477  Schedule II, Schedule III, or Schedule IV of s. 893.03 which is
 3478  found on or near the deceased or among the deceased’s
 3479  possessions. The report must identify the person who prescribed
 3480  the controlled substance, if known or ascertainable. Thereafter,
 3481  the law enforcement agency shall submit a copy of the report to
 3482  the medical examiner.
 3483         (2) A medical examiner who is preparing a report pursuant
 3484  to s. 406.11 shall include in the report information identifying
 3485  each prescribed controlled substance listed in Schedule II,
 3486  Schedule III, or Schedule IV of s. 893.03 that was found in, on,
 3487  or near the deceased or among the deceased’s possessions.
 3488         Section 29. For the purpose of incorporating the amendment
 3489  made by this act to section 893.03, Florida Statutes, in a
 3490  reference thereto, paragraph (a) of subsection (7) of section
 3491  893.035, Florida Statutes, is reenacted to read:
 3492         893.035 Control of new substances; findings of fact;
 3493  delegation of authority to Attorney General to control
 3494  substances by rule.—
 3495         (7)(a) If the Attorney General finds that the scheduling of
 3496  a substance in Schedule I of s. 893.03 on a temporary basis is
 3497  necessary to avoid an imminent hazard to the public safety, he
 3498  or she may by rule and without regard to the requirements of
 3499  subsection (5) relating to the Department of Health and the
 3500  Department of Law Enforcement schedule such substance in
 3501  Schedule I if the substance is not listed in any other schedule
 3502  of s. 893.03. The Attorney General shall be required to
 3503  consider, with respect to his or her finding of imminent hazard
 3504  to the public safety, only those factors set forth in paragraphs
 3505  (3)(a) and (4)(d), (e), and (f), including actual abuse,
 3506  diversion from legitimate channels, and clandestine importation,
 3507  manufacture, or distribution.
 3508         Section 30. For the purpose of incorporating the amendment
 3509  made by this act to section 893.03, Florida Statutes, in a
 3510  reference thereto, subsection (1) of section 893.05, Florida
 3511  Statutes, is reenacted to read:
 3512         893.05 Practitioners and persons administering controlled
 3513  substances in their absence.—
 3514         (1) A practitioner, in good faith and in the course of his
 3515  or her professional practice only, may prescribe, administer,
 3516  dispense, mix, or otherwise prepare a controlled substance, or
 3517  the practitioner may cause the same to be administered by a
 3518  licensed nurse or an intern practitioner under his or her
 3519  direction and supervision only. A veterinarian may so prescribe,
 3520  administer, dispense, mix, or prepare a controlled substance for
 3521  use on animals only, and may cause it to be administered by an
 3522  assistant or orderly under the veterinarian’s direction and
 3523  supervision only. A certified optometrist licensed under chapter
 3524  463 may not administer or prescribe a controlled substance
 3525  listed in Schedule I or Schedule II of s. 893.03.
 3526         Section 31. For the purpose of incorporating the amendment
 3527  made by this act to section 893.03, Florida Statutes, in a
 3528  reference thereto, paragraph (b) of subsection (1) of section
 3529  893.055, Florida Statutes, is reenacted to read:
 3530         893.055 Prescription drug monitoring program.—
 3531         (1) As used in this section, the term:
 3532         (b) “Controlled substance” means a controlled substance
 3533  listed in Schedule II, Schedule III, or Schedule IV in s.
 3534  893.03.
 3535         Section 32. For the purpose of incorporating the amendment
 3536  made by this act to section 893.03, Florida Statutes, in a
 3537  reference thereto, paragraph (b) of subsection (5) of section
 3538  893.07, Florida Statutes, is reenacted to read:
 3539         893.07 Records.—
 3540         (5) Each person described in subsection (1) shall:
 3541         (b) In the event of the discovery of the theft or
 3542  significant loss of controlled substances, report such theft or
 3543  significant loss to the sheriff of that county within 24 hours
 3544  after discovery. A person who fails to report a theft or
 3545  significant loss of a substance listed in s. 893.03(3), (4), or
 3546  (5) within 24 hours after discovery as required in this
 3547  paragraph commits a misdemeanor of the second degree, punishable
 3548  as provided in s. 775.082 or s. 775.083. A person who fails to
 3549  report a theft or significant loss of a substance listed in s.
 3550  893.03(2) within 24 hours after discovery as required in this
 3551  paragraph commits a misdemeanor of the first degree, punishable
 3552  as provided in s. 775.082 or s. 775.083.
 3553         Section 33. For the purpose of incorporating the amendment
 3554  made by this act to section 893.03, Florida Statutes, in
 3555  references thereto, paragraphs (b), (c), and (d) of subsection
 3556  (2) of section 893.12, Florida Statutes, are reenacted to read:
 3557         893.12 Contraband; seizure, forfeiture, sale.—
 3558         (2)
 3559         (b) All real property, including any right, title,
 3560  leasehold interest, and other interest in the whole of any lot
 3561  or tract of land and any appurtenances or improvements, which
 3562  real property is used, or intended to be used, in any manner or
 3563  part, to commit or to facilitate the commission of, or which
 3564  real property is acquired with proceeds obtained as a result of,
 3565  a violation of any provision of this chapter related to a
 3566  controlled substance described in s. 893.03(1) or (2) may be
 3567  seized and forfeited as provided by the Florida Contraband
 3568  Forfeiture Act except that no property shall be forfeited under
 3569  this paragraph to the extent of an interest of an owner or
 3570  lienholder by reason of any act or omission established by that
 3571  owner or lienholder to have been committed or omitted without
 3572  the knowledge or consent of that owner or lienholder.
 3573         (c) All moneys, negotiable instruments, securities, and
 3574  other things of value furnished or intended to be furnished by
 3575  any person in exchange for a controlled substance described in
 3576  s. 893.03(1) or (2) or a listed chemical in violation of any
 3577  provision of this chapter, all proceeds traceable to such an
 3578  exchange, and all moneys, negotiable instruments, and securities
 3579  used or intended to be used to facilitate any violation of any
 3580  provision of this chapter or which are acquired with proceeds
 3581  obtained in violation of any provision of this chapter may be
 3582  seized and forfeited as provided by the Florida Contraband
 3583  Forfeiture Act, except that no property shall be forfeited under
 3584  this paragraph to the extent of an interest of an owner or
 3585  lienholder by reason of any act or omission established by that
 3586  owner or lienholder to have been committed or omitted without
 3587  the knowledge or consent of that owner or lienholder.
 3588         (d) All books, records, and research, including formulas,
 3589  microfilm, tapes, and data which are used, or intended for use,
 3590  or which are acquired with proceeds obtained, in violation of
 3591  any provision of this chapter related to a controlled substance
 3592  described in s. 893.03(1) or (2) or a listed chemical may be
 3593  seized and forfeited as provided by the Florida Contraband
 3594  Forfeiture Act.
 3595         Section 34. For the purpose of incorporating the amendment
 3596  made by this act to section 893.03, Florida Statutes, in a
 3597  reference thereto, subsection (2) of section 944.474, Florida
 3598  Statutes, is reenacted to read:
 3599         944.474 Legislative intent; employee wellness program; drug
 3600  and alcohol testing.—
 3601         (2) An employee of the department may not test positive for
 3602  illegal use of controlled substances. An employee of the
 3603  department may not be under the influence of alcohol while on
 3604  duty. In order to ensure that these prohibitions are adhered to
 3605  by all employees of the department and notwithstanding s.
 3606  112.0455, the department may develop a program for the drug
 3607  testing of all job applicants and for the random drug testing of
 3608  all employees. The department may randomly evaluate employees
 3609  for the contemporaneous use or influence of alcohol through the
 3610  use of alcohol tests and observation methods. Notwithstanding s.
 3611  112.0455, the department may develop a program for the
 3612  reasonable suspicion drug testing of employees who are in
 3613  mandatory-testing positions, as defined in s. 440.102(1)(o), or
 3614  special risk positions, as defined in s. 112.0455(5), for the
 3615  controlled substances listed in s. 893.03(3)(d). The reasonable
 3616  suspicion drug testing authorized by this subsection shall be
 3617  conducted in accordance with s. 112.0455, but may also include
 3618  testing upon reasonable suspicion based on violent acts or
 3619  violent behavior of an employee who is on or off duty. The
 3620  department shall adopt rules pursuant to ss. 120.536(1) and
 3621  120.54 that are necessary to administer this subsection.
 3622         Section 35. For the purpose of incorporating the amendment
 3623  made by this act to section 893.033, Florida Statutes, in a
 3624  reference thereto, subsection (4) of section 893.149, Florida
 3625  Statutes, is reenacted to read:
 3626         893.149 Unlawful possession of listed chemical.—
 3627         (4) Any damages arising out of the unlawful possession of,
 3628  storage of, or tampering with a listed chemical, as defined in
 3629  s. 893.033, shall be the sole responsibility of the person or
 3630  persons unlawfully possessing, storing, or tampering with the
 3631  listed chemical. In no case shall liability for damages arising
 3632  out of the unlawful possession of, storage of, or tampering with
 3633  a listed chemical extend to the lawful owner, installer,
 3634  maintainer, designer, manufacturer, possessor, or seller of the
 3635  listed chemical, unless such damages arise out of the acts or
 3636  omissions of the owner, installer, maintainer, designer,
 3637  manufacturer, possessor, or seller which constitute negligent
 3638  misconduct or failure to abide by the laws regarding the
 3639  possession or storage of a listed chemical.
 3640         Section 36. For the purpose of incorporating the amendment
 3641  made by this act to section 893.13, Florida Statutes, in a
 3642  reference thereto, paragraph (b) of subsection (4) of section
 3643  397.451, Florida Statutes, is reenacted to read:
 3644         397.451 Background checks of service provider personnel.—
 3645         (4) EXEMPTIONS FROM DISQUALIFICATION.—
 3646         (b) Since rehabilitated substance abuse impaired persons
 3647  are effective in the successful treatment and rehabilitation of
 3648  substance abuse impaired adolescents, for service providers
 3649  which treat adolescents 13 years of age and older, service
 3650  provider personnel whose background checks indicate crimes under
 3651  s. 817.563, s. 893.13, or s. 893.147 may be exempted from
 3652  disqualification from employment pursuant to this paragraph.
 3653         Section 37. For the purpose of incorporating the amendment
 3654  made by this act to section 893.13, Florida Statutes, in a
 3655  reference thereto, subsection (2) of section 435.07, Florida
 3656  Statutes, is reenacted to read:
 3657         435.07 Exemptions from disqualification.—Unless otherwise
 3658  provided by law, the provisions of this section apply to
 3659  exemptions from disqualification for disqualifying offenses
 3660  revealed pursuant to background screenings required under this
 3661  chapter, regardless of whether those disqualifying offenses are
 3662  listed in this chapter or other laws.
 3663         (2) Persons employed, or applicants for employment, by
 3664  treatment providers who treat adolescents 13 years of age and
 3665  older who are disqualified from employment solely because of
 3666  crimes under s. 817.563, s. 893.13, or s. 893.147 may be
 3667  exempted from disqualification from employment pursuant to this
 3668  chapter without application of the waiting period in
 3669  subparagraph (1)(a)1.
 3670         Section 38. For the purpose of incorporating the amendment
 3671  made by this act to section 893.13, Florida Statutes, in a
 3672  reference thereto, subsection (2) of section 772.12, Florida
 3673  Statutes, is reenacted to read:
 3674         772.12 Drug Dealer Liability Act.—
 3675         (2) A person, including any governmental entity, has a
 3676  cause of action for threefold the actual damages sustained and
 3677  is entitled to minimum damages in the amount of $1,000 and
 3678  reasonable attorney’s fees and court costs in the trial and
 3679  appellate courts, if the person proves by the greater weight of
 3680  the evidence that:
 3681         (a) The person was injured because of the defendant’s
 3682  actions that resulted in the defendant’s conviction for:
 3683         1. A violation of s. 893.13, except for a violation of s.
 3684  893.13(2)(a) or (b), (3), (5), (6)(a), (b), or (c), (7); or
 3685         2. A violation of s. 893.135; and
 3686         (b) The person was not injured by reason of his or her
 3687  participation in the same act or transaction that resulted in
 3688  the defendant’s conviction for any offense described in
 3689  subparagraph (a)1.
 3690         Section 39. For the purpose of incorporating the amendment
 3691  made by this act to section 893.13, Florida Statutes, in a
 3692  reference thereto, paragraph (a) of subsection (1) of section
 3693  775.084, Florida Statutes, is reenacted to read:
 3694         775.084 Violent career criminals; habitual felony offenders
 3695  and habitual violent felony offenders; three-time violent felony
 3696  offenders; definitions; procedure; enhanced penalties or
 3697  mandatory minimum prison terms.—
 3698         (1) As used in this act:
 3699         (a) “Habitual felony offender” means a defendant for whom
 3700  the court may impose an extended term of imprisonment, as
 3701  provided in paragraph (4)(a), if it finds that:
 3702         1. The defendant has previously been convicted of any
 3703  combination of two or more felonies in this state or other
 3704  qualified offenses.
 3705         2. The felony for which the defendant is to be sentenced
 3706  was committed:
 3707         a. While the defendant was serving a prison sentence or
 3708  other sentence, or court-ordered or lawfully imposed supervision
 3709  that is imposed as a result of a prior conviction for a felony
 3710  or other qualified offense; or
 3711         b. Within 5 years of the date of the conviction of the
 3712  defendant’s last prior felony or other qualified offense, or
 3713  within 5 years of the defendant’s release from a prison
 3714  sentence, probation, community control, control release,
 3715  conditional release, parole or court-ordered or lawfully imposed
 3716  supervision or other sentence that is imposed as a result of a
 3717  prior conviction for a felony or other qualified offense,
 3718  whichever is later.
 3719         3. The felony for which the defendant is to be sentenced,
 3720  and one of the two prior felony convictions, is not a violation
 3721  of s. 893.13 relating to the purchase or the possession of a
 3722  controlled substance.
 3723         4. The defendant has not received a pardon for any felony
 3724  or other qualified offense that is necessary for the operation
 3725  of this paragraph.
 3726         5. A conviction of a felony or other qualified offense
 3727  necessary to the operation of this paragraph has not been set
 3728  aside in any postconviction proceeding.
 3729         Section 40. For the purpose of incorporating the amendment
 3730  made by this act to section 893.13, Florida Statutes, in a
 3731  reference thereto, subsection (3) of section 810.02, Florida
 3732  Statutes, is reenacted to read:
 3733         810.02 Burglary.—
 3734         (3) Burglary is a felony of the second degree, punishable
 3735  as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the
 3736  course of committing the offense, the offender does not make an
 3737  assault or battery and is not and does not become armed with a
 3738  dangerous weapon or explosive, and the offender enters or
 3739  remains in a:
 3740         (a) Dwelling, and there is another person in the dwelling
 3741  at the time the offender enters or remains;
 3742         (b) Dwelling, and there is not another person in the
 3743  dwelling at the time the offender enters or remains;
 3744         (c) Structure, and there is another person in the structure
 3745  at the time the offender enters or remains;
 3746         (d) Conveyance, and there is another person in the
 3747  conveyance at the time the offender enters or remains;
 3748         (e) Authorized emergency vehicle, as defined in s. 316.003;
 3749  or
 3750         (f) Structure or conveyance when the offense intended to be
 3751  committed therein is theft of a controlled substance as defined
 3752  in s. 893.02. Notwithstanding any other law, separate judgments
 3753  and sentences for burglary with the intent to commit theft of a
 3754  controlled substance under this paragraph and for any applicable
 3755  possession of controlled substance offense under s. 893.13 or
 3756  trafficking in controlled substance offense under s. 893.135 may
 3757  be imposed when all such offenses involve the same amount or
 3758  amounts of a controlled substance.
 3759  
 3760  However, if the burglary is committed within a county that is
 3761  subject to a state of emergency declared by the Governor under
 3762  chapter 252 after the declaration of emergency is made and the
 3763  perpetration of the burglary is facilitated by conditions
 3764  arising from the emergency, the burglary is a felony of the
 3765  first degree, punishable as provided in s. 775.082, s. 775.083,
 3766  or s. 775.084. As used in this subsection, the term “conditions
 3767  arising from the emergency” means civil unrest, power outages,
 3768  curfews, voluntary or mandatory evacuations, or a reduction in
 3769  the presence of or response time for first responders or
 3770  homeland security personnel. A person arrested for committing a
 3771  burglary within a county that is subject to such a state of
 3772  emergency may not be released until the person appears before a
 3773  committing magistrate at a first appearance hearing. For
 3774  purposes of sentencing under chapter 921, a felony offense that
 3775  is reclassified under this subsection is ranked one level above
 3776  the ranking under s. 921.0022 or s. 921.0023 of the offense
 3777  committed.
 3778         Section 41. For the purpose of incorporating the amendment
 3779  made by this act to section 893.13, Florida Statutes, in a
 3780  reference thereto, subsection (2) of section 812.014, Florida
 3781  Statutes, is reenacted to read:
 3782         812.014 Theft.—
 3783         (2)(a)1. If the property stolen is valued at $100,000 or
 3784  more or is a semitrailer that was deployed by a law enforcement
 3785  officer; or
 3786         2. If the property stolen is cargo valued at $50,000 or
 3787  more that has entered the stream of interstate or intrastate
 3788  commerce from the shipper’s loading platform to the consignee’s
 3789  receiving dock; or
 3790         3. If the offender commits any grand theft and:
 3791         a. In the course of committing the offense the offender
 3792  uses a motor vehicle as an instrumentality, other than merely as
 3793  a getaway vehicle, to assist in committing the offense and
 3794  thereby damages the real property of another; or
 3795         b. In the course of committing the offense the offender
 3796  causes damage to the real or personal property of another in
 3797  excess of $1,000,
 3798  
 3799  the offender commits grand theft in the first degree, punishable
 3800  as a felony of the first degree, as provided in s. 775.082, s.
 3801  775.083, or s. 775.084.
 3802         (b)1. If the property stolen is valued at $20,000 or more,
 3803  but less than $100,000;
 3804         2. The property stolen is cargo valued at less than $50,000
 3805  that has entered the stream of interstate or intrastate commerce
 3806  from the shipper’s loading platform to the consignee’s receiving
 3807  dock;
 3808         3. The property stolen is emergency medical equipment,
 3809  valued at $300 or more, that is taken from a facility licensed
 3810  under chapter 395 or from an aircraft or vehicle permitted under
 3811  chapter 401; or
 3812         4. The property stolen is law enforcement equipment, valued
 3813  at $300 or more, that is taken from an authorized emergency
 3814  vehicle, as defined in s. 316.003,
 3815  
 3816  the offender commits grand theft in the second degree,
 3817  punishable as a felony of the second degree, as provided in s.
 3818  775.082, s. 775.083, or s. 775.084. Emergency medical equipment
 3819  means mechanical or electronic apparatus used to provide
 3820  emergency services and care as defined in s. 395.002(9) or to
 3821  treat medical emergencies. Law enforcement equipment means any
 3822  property, device, or apparatus used by any law enforcement
 3823  officer as defined in s. 943.10 in the officer’s official
 3824  business. However, if the property is stolen within a county
 3825  that is subject to a state of emergency declared by the Governor
 3826  under chapter 252, the theft is committed after the declaration
 3827  of emergency is made, and the perpetration of the theft is
 3828  facilitated by conditions arising from the emergency, the theft
 3829  is a felony of the first degree, punishable as provided in s.
 3830  775.082, s. 775.083, or s. 775.084. As used in this paragraph,
 3831  the term “conditions arising from the emergency” means civil
 3832  unrest, power outages, curfews, voluntary or mandatory
 3833  evacuations, or a reduction in the presence of or response time
 3834  for first responders or homeland security personnel. For
 3835  purposes of sentencing under chapter 921, a felony offense that
 3836  is reclassified under this paragraph is ranked one level above
 3837  the ranking under s. 921.0022 or s. 921.0023 of the offense
 3838  committed.
 3839         (c) It is grand theft of the third degree and a felony of
 3840  the third degree, punishable as provided in s. 775.082, s.
 3841  775.083, or s. 775.084, if the property stolen is:
 3842         1. Valued at $300 or more, but less than $5,000.
 3843         2. Valued at $5,000 or more, but less than $10,000.
 3844         3. Valued at $10,000 or more, but less than $20,000.
 3845         4. A will, codicil, or other testamentary instrument.
 3846         5. A firearm.
 3847         6. A motor vehicle, except as provided in paragraph (a).
 3848         7. Any commercially farmed animal, including any animal of
 3849  the equine, bovine, or swine class or other grazing animal; a
 3850  bee colony of a registered beekeeper; and aquaculture species
 3851  raised at a certified aquaculture facility. If the property
 3852  stolen is aquaculture species raised at a certified aquaculture
 3853  facility, then a $10,000 fine shall be imposed.
 3854         8. Any fire extinguisher.
 3855         9. Any amount of citrus fruit consisting of 2,000 or more
 3856  individual pieces of fruit.
 3857         10. Taken from a designated construction site identified by
 3858  the posting of a sign as provided for in s. 810.09(2)(d).
 3859         11. Any stop sign.
 3860         12. Anhydrous ammonia.
 3861         13. Any amount of a controlled substance as defined in s.
 3862  893.02. Notwithstanding any other law, separate judgments and
 3863  sentences for theft of a controlled substance under this
 3864  subparagraph and for any applicable possession of controlled
 3865  substance offense under s. 893.13 or trafficking in controlled
 3866  substance offense under s. 893.135 may be imposed when all such
 3867  offenses involve the same amount or amounts of a controlled
 3868  substance.
 3869  
 3870  However, if the property is stolen within a county that is
 3871  subject to a state of emergency declared by the Governor under
 3872  chapter 252, the property is stolen after the declaration of
 3873  emergency is made, and the perpetration of the theft is
 3874  facilitated by conditions arising from the emergency, the
 3875  offender commits a felony of the second degree, punishable as
 3876  provided in s. 775.082, s. 775.083, or s. 775.084, if the
 3877  property is valued at $5,000 or more, but less than $10,000, as
 3878  provided under subparagraph 2., or if the property is valued at
 3879  $10,000 or more, but less than $20,000, as provided under
 3880  subparagraph 3. As used in this paragraph, the term “conditions
 3881  arising from the emergency” means civil unrest, power outages,
 3882  curfews, voluntary or mandatory evacuations, or a reduction in
 3883  the presence of or the response time for first responders or
 3884  homeland security personnel. For purposes of sentencing under
 3885  chapter 921, a felony offense that is reclassified under this
 3886  paragraph is ranked one level above the ranking under s.
 3887  921.0022 or s. 921.0023 of the offense committed.
 3888         (d) It is grand theft of the third degree and a felony of
 3889  the third degree, punishable as provided in s. 775.082, s.
 3890  775.083, or s. 775.084, if the property stolen is valued at $100
 3891  or more, but less than $300, and is taken from a dwelling as
 3892  defined in s. 810.011(2) or from the unenclosed curtilage of a
 3893  dwelling pursuant to s. 810.09(1).
 3894         (e) Except as provided in paragraph (d), if the property
 3895  stolen is valued at $100 or more, but less than $300, the
 3896  offender commits petit theft of the first degree, punishable as
 3897  a misdemeanor of the first degree, as provided in s. 775.082 or
 3898  s. 775.083.
 3899         Section 42. For the purpose of incorporating the amendment
 3900  made by this act to section 893.13, Florida Statutes, in a
 3901  reference thereto, subsection (1) of section 831.311, Florida
 3902  Statutes, is reenacted to read:
 3903         831.311 Unlawful sale, manufacture, alteration, delivery,
 3904  uttering, or possession of counterfeit-resistant prescription
 3905  blanks for controlled substances.—
 3906         (1) It is unlawful for any person having the intent to
 3907  injure or defraud any person or to facilitate any violation of
 3908  s. 893.13 to sell, manufacture, alter, deliver, utter, or
 3909  possess with intent to injure or defraud any person, or to
 3910  facilitate any violation of s. 893.13, any counterfeit-resistant
 3911  prescription blanks for controlled substances, the form and
 3912  content of which are adopted by rule of the Department of Health
 3913  pursuant to s. 893.065.
 3914         Section 43. For the purpose of incorporating the amendment
 3915  made by this act to section 893.13, Florida Statutes, in a
 3916  reference thereto, subsection (1) of section 893.1351, Florida
 3917  Statutes, is reenacted to read:
 3918         893.1351 Ownership, lease, rental, or possession for
 3919  trafficking in or manufacturing a controlled substance.—
 3920         (1) A person may not own, lease, or rent any place,
 3921  structure, or part thereof, trailer, or other conveyance with
 3922  the knowledge that the place, structure, trailer, or conveyance
 3923  will be used for the purpose of trafficking in a controlled
 3924  substance, as provided in s. 893.135; for the sale of a
 3925  controlled substance, as provided in s. 893.13; or for the
 3926  manufacture of a controlled substance intended for sale or
 3927  distribution to another. A person who violates this subsection
 3928  commits a felony of the third degree, punishable as provided in
 3929  s. 775.082, s. 775.083, or s. 775.084.
 3930         Section 44. For the purpose of incorporating the amendment
 3931  made by this act to section 893.138, Florida Statutes, in a
 3932  reference thereto, subsection (3) of section 893.138, Florida
 3933  Statutes, is reenacted to read:
 3934         893.138 Local administrative action to abate drug-related,
 3935  prostitution-related, or stolen-property-related public
 3936  nuisances and criminal gang activity.—
 3937         (3) Any pain-management clinic, as described in s. 458.3265
 3938  or s. 459.0137, which has been used on more than two occasions
 3939  within a 6-month period as the site of a violation of:
 3940         (a) Section 784.011, s. 784.021, s. 784.03, or s. 784.045,
 3941  relating to assault and battery;
 3942         (b) Section 810.02, relating to burglary;
 3943         (c) Section 812.014, relating to dealing in theft;
 3944         (d) Section 812.131, relating to robbery by sudden
 3945  snatching; or
 3946         (e) Section 893.13, relating to the unlawful distribution
 3947  of controlled substances,
 3948  
 3949  may be declared to be a public nuisance, and such nuisance may
 3950  be abated pursuant to the procedures provided in this section.
 3951         Section 45. For the purpose of incorporating the amendment
 3952  made by this act to section 893.13, Florida Statutes, in a
 3953  reference thereto, section 893.15, Florida Statutes, is
 3954  reenacted to read:
 3955         893.15 Rehabilitation.—Any person who violates s.
 3956  893.13(6)(a) or (b) relating to possession may, in the
 3957  discretion of the trial judge, be required to participate in a
 3958  substance abuse services program approved or regulated by the
 3959  Department of Children and Families pursuant to the provisions
 3960  of chapter 397, provided the director of such program approves
 3961  the placement of the defendant in such program. Such required
 3962  participation shall be imposed in addition to any penalty or
 3963  probation otherwise prescribed by law. However, the total time
 3964  of such penalty, probation, and program participation shall not
 3965  exceed the maximum length of sentence possible for the offense.
 3966         Section 46. For the purpose of incorporating the amendment
 3967  made by this act to section 893.13, Florida Statutes, in a
 3968  reference thereto, section 903.133, Florida Statutes, is
 3969  reenacted to read:
 3970         903.133 Bail on appeal; prohibited for certain felony
 3971  convictions.—Notwithstanding the provisions of s. 903.132, no
 3972  person adjudged guilty of a felony of the first degree for a
 3973  violation of s. 782.04(2) or (3), s. 787.01, s. 794.011(4), s.
 3974  806.01, s. 893.13, or s. 893.135, or adjudged guilty of a
 3975  violation of s. 794.011(2) or (3), shall be admitted to bail
 3976  pending review either by posttrial motion or appeal.
 3977         Section 47. For the purpose of incorporating the amendment
 3978  made by this act to section 893.13, Florida Statutes, in a
 3979  reference thereto, paragraph (l) of subsection (1) of section
 3980  921.187, Florida Statutes, is reenacted to read:
 3981         921.187 Disposition and sentencing; alternatives;
 3982  restitution.—
 3983         (1) The alternatives provided in this section for the
 3984  disposition of criminal cases shall be used in a manner that
 3985  will best serve the needs of society, punish criminal offenders,
 3986  and provide the opportunity for rehabilitation. If the offender
 3987  does not receive a state prison sentence, the court may:
 3988         (l)1. Require the offender who violates any criminal
 3989  provision of chapter 893 to pay an additional assessment in an
 3990  amount up to the amount of any fine imposed, pursuant to ss.
 3991  938.21 and 938.23.
 3992         2. Require the offender who violates any provision of s.
 3993  893.13 to pay an additional assessment in an amount of $100,
 3994  pursuant to ss. 938.055 and 943.361.
 3995         Section 48. For the purpose of incorporating the amendment
 3996  made by this act to section 893.145, Florida Statutes, in a
 3997  reference thereto, paragraph (a) of subsection (2) of section
 3998  893.12, Florida Statutes, is reenacted to read:
 3999         893.12 Contraband; seizure, forfeiture, sale.—
 4000         (2)(a) Any vessel, vehicle, aircraft, or drug paraphernalia
 4001  as defined in s. 893.145 which has been or is being used in
 4002  violation of any provision of this chapter or in, upon, or by
 4003  means of which any violation of this chapter has taken or is
 4004  taking place may be seized and forfeited as provided by the
 4005  Florida Contraband Forfeiture Act.
 4006         Section 49. For the purpose of incorporating the amendment
 4007  made by this act to section 893.145, Florida Statutes, in a
 4008  reference thereto, paragraph (a) of subsection (6) of section
 4009  893.147, Florida Statutes, is reenacted to read:
 4010         893.147 Use, possession, manufacture, delivery,
 4011  transportation, advertisement, or retail sale of drug
 4012  paraphernalia.—
 4013         (6) RETAIL SALE OF DRUG PARAPHERNALIA.—
 4014         (a) It is unlawful for a person to knowingly and willfully
 4015  sell or offer for sale at retail any drug paraphernalia
 4016  described in s. 893.145(12)(a)-(c) or (g)-(m), other than a pipe
 4017  that is primarily made of briar, meerschaum, clay, or corn cob.
 4018         Section 50. For the purpose of incorporating the amendment
 4019  made by this act to section 895.02, Florida Statutes, in a
 4020  reference thereto, paragraph (a) of subsection (1) of section
 4021  16.56, Florida Statutes, is reenacted to read:
 4022         16.56 Office of Statewide Prosecution.—
 4023         (1) There is created in the Department of Legal Affairs an
 4024  Office of Statewide Prosecution. The office shall be a separate
 4025  “budget entity” as that term is defined in chapter 216. The
 4026  office may:
 4027         (a) Investigate and prosecute the offenses of:
 4028         1. Bribery, burglary, criminal usury, extortion, gambling,
 4029  kidnapping, larceny, murder, prostitution, perjury, robbery,
 4030  carjacking, and home-invasion robbery;
 4031         2. Any crime involving narcotic or other dangerous drugs;
 4032         3. Any violation of the Florida RICO (Racketeer Influenced
 4033  and Corrupt Organization) Act, including any offense listed in
 4034  the definition of racketeering activity in s. 895.02(1)(a),
 4035  providing such listed offense is investigated in connection with
 4036  a violation of s. 895.03 and is charged in a separate count of
 4037  an information or indictment containing a count charging a
 4038  violation of s. 895.03, the prosecution of which listed offense
 4039  may continue independently if the prosecution of the violation
 4040  of s. 895.03 is terminated for any reason;
 4041         4. Any violation of the Florida Anti-Fencing Act;
 4042         5. Any violation of the Florida Antitrust Act of 1980, as
 4043  amended;
 4044         6. Any crime involving, or resulting in, fraud or deceit
 4045  upon any person;
 4046         7. Any violation of s. 847.0135, relating to computer
 4047  pornography and child exploitation prevention, or any offense
 4048  related to a violation of s. 847.0135 or any violation of
 4049  chapter 827 where the crime is facilitated by or connected to
 4050  the use of the Internet or any device capable of electronic data
 4051  storage or transmission;
 4052         8. Any violation of chapter 815;
 4053         9. Any criminal violation of part I of chapter 499;
 4054         10. Any violation of the Florida Motor Fuel Tax Relief Act
 4055  of 2004;
 4056         11. Any criminal violation of s. 409.920 or s. 409.9201;
 4057         12. Any crime involving voter registration, voting, or
 4058  candidate or issue petition activities;
 4059         13. Any criminal violation of the Florida Money Laundering
 4060  Act;
 4061         14. Any criminal violation of the Florida Securities and
 4062  Investor Protection Act; or
 4063         15. Any violation of chapter 787, as well as any and all
 4064  offenses related to a violation of chapter 787;
 4065  
 4066  or any attempt, solicitation, or conspiracy to commit any of the
 4067  crimes specifically enumerated above. The office shall have such
 4068  power only when any such offense is occurring, or has occurred,
 4069  in two or more judicial circuits as part of a related
 4070  transaction, or when any such offense is connected with an
 4071  organized criminal conspiracy affecting two or more judicial
 4072  circuits. Informations or indictments charging such offenses
 4073  shall contain general allegations stating the judicial circuits
 4074  and counties in which crimes are alleged to have occurred or the
 4075  judicial circuits and counties in which crimes affecting such
 4076  circuits or counties are alleged to have been connected with an
 4077  organized criminal conspiracy.
 4078         Section 51. For the purpose of incorporating the amendment
 4079  made by this act to section 895.02, Florida Statutes, in a
 4080  reference thereto, paragraph (g) of subsection (3) of section
 4081  655.50, Florida Statutes, is reenacted to read:
 4082         655.50 Florida Control of Money Laundering and Terrorist
 4083  Financing in Financial Institutions Act.—
 4084         (3) As used in this section, the term:
 4085         (g) “Specified unlawful activity” means “racketeering
 4086  activity” as defined in s. 895.02.
 4087         Section 52. For the purpose of incorporating the amendment
 4088  made by this act to section 895.02, Florida Statutes, in a
 4089  reference thereto, paragraph (g) of subsection (2) of section
 4090  896.101, Florida Statutes, is reenacted to read:
 4091         896.101 Florida Money Laundering Act; definitions;
 4092  penalties; injunctions; seizure warrants; immunity.—
 4093         (2) As used in this section, the term:
 4094         (g) “Specified unlawful activity” means any “racketeering
 4095  activity” as defined in s. 895.02.
 4096         Section 53. For the purpose of incorporating the amendment
 4097  made by this act to section 895.02, Florida Statutes, in a
 4098  reference thereto, section 905.34, Florida Statutes, is
 4099  reenacted to read:
 4100         905.34 Powers and duties; law applicable.—The jurisdiction
 4101  of a statewide grand jury impaneled under this chapter shall
 4102  extend throughout the state. The subject matter jurisdiction of
 4103  the statewide grand jury shall be limited to the offenses of:
 4104         (1) Bribery, burglary, carjacking, home-invasion robbery,
 4105  criminal usury, extortion, gambling, kidnapping, larceny,
 4106  murder, prostitution, perjury, and robbery;
 4107         (2) Crimes involving narcotic or other dangerous drugs;
 4108         (3) Any violation of the provisions of the Florida RICO
 4109  (Racketeer Influenced and Corrupt Organization) Act, including
 4110  any offense listed in the definition of racketeering activity in
 4111  s. 895.02(1)(a), providing such listed offense is investigated
 4112  in connection with a violation of s. 895.03 and is charged in a
 4113  separate count of an information or indictment containing a
 4114  count charging a violation of s. 895.03, the prosecution of
 4115  which listed offense may continue independently if the
 4116  prosecution of the violation of s. 895.03 is terminated for any
 4117  reason;
 4118         (4) Any violation of the provisions of the Florida Anti
 4119  Fencing Act;
 4120         (5) Any violation of the provisions of the Florida
 4121  Antitrust Act of 1980, as amended;
 4122         (6) Any violation of the provisions of chapter 815;
 4123         (7) Any crime involving, or resulting in, fraud or deceit
 4124  upon any person;
 4125         (8) Any violation of s. 847.0135, s. 847.0137, or s.
 4126  847.0138 relating to computer pornography and child exploitation
 4127  prevention, or any offense related to a violation of s.
 4128  847.0135, s. 847.0137, or s. 847.0138 or any violation of
 4129  chapter 827 where the crime is facilitated by or connected to
 4130  the use of the Internet or any device capable of electronic data
 4131  storage or transmission;
 4132         (9) Any criminal violation of part I of chapter 499;
 4133         (10) Any criminal violation of s. 409.920 or s. 409.9201;
 4134         (11) Any criminal violation of the Florida Money Laundering
 4135  Act;
 4136         (12) Any criminal violation of the Florida Securities and
 4137  Investor Protection Act; or
 4138         (13) Any violation of chapter 787, as well as any and all
 4139  offenses related to a violation of chapter 787;
 4140  
 4141  or any attempt, solicitation, or conspiracy to commit any
 4142  violation of the crimes specifically enumerated above, when any
 4143  such offense is occurring, or has occurred, in two or more
 4144  judicial circuits as part of a related transaction or when any
 4145  such offense is connected with an organized criminal conspiracy
 4146  affecting two or more judicial circuits. The statewide grand
 4147  jury may return indictments and presentments irrespective of the
 4148  county or judicial circuit where the offense is committed or
 4149  triable. If an indictment is returned, it shall be certified and
 4150  transferred for trial to the county where the offense was
 4151  committed. The powers and duties of, and law applicable to,
 4152  county grand juries shall apply to a statewide grand jury except
 4153  when such powers, duties, and law are inconsistent with the
 4154  provisions of ss. 905.31-905.40.
 4155         Section 54. This act shall take effect July 1, 2016.