Florida Senate - 2017                       CS for CS for SB 150
       
       
        
       By the Committees on Judiciary; and Criminal Justice; and
       Senators Steube, Baxley, Passidomo, Artiles, and Mayfield
       
       
       
       
       590-04115-17                                           2017150c2
    1                        A bill to be entitled                      
    2         An act relating to controlled substances; amending s.
    3         381.887, F.S.; providing that certain emergency
    4         responders and crime laboratory personnel may possess,
    5         store, and administer emergency opioid antagonists;
    6         amending s. 782.04, F.S.; providing that unlawful
    7         distribution of specified controlled substances and
    8         analogs or mixtures thereof by an adult which
    9         proximately cause a death is murder; providing
   10         criminal penalties; creating s. 893.015, F.S.;
   11         specifying the purpose relating to drug abuse
   12         prevention and control; providing that a reference to
   13         ch. 893, F.S., or to any section or portion thereof,
   14         includes all subsequent amendments; amending s.
   15         893.03, F.S.; adding certain synthetic opioid
   16         substitute compounds to the list of Schedule I
   17         controlled substances; amending s. 893.13, F.S.;
   18         prohibiting possession of more than 10 grams of
   19         specified substances; providing criminal penalties;
   20         amending s. 893.135, F.S.; revising the substances
   21         that constitute the offenses of trafficking and
   22         capital trafficking in, and capital importation of,
   23         hydrocodone and oxycodone; creating the offense of
   24         trafficking in fentanyl; providing penalties and
   25         specifying minimum terms of imprisonment and fines
   26         based on the quantity involved in the offense;
   27         revising the substances that constitute the offenses
   28         of trafficking in phencyclidine and capital
   29         importation of phencyclidine; revising the substances
   30         that constitute trafficking in phenethylamines and
   31         capital manufacture or importation of phenethylamines;
   32         creating the offense of trafficking in synthetic
   33         cannabinoids; providing penalties and specifying
   34         minimum terms of imprisonment and fines based on the
   35         quantity involved in the offense; creating the
   36         offenses of trafficking in n-benzyl phenethylamines
   37         and capital manufacture or importation of a n-benzyl
   38         phenethylamine compound; providing penalties and
   39         specifying minimum terms of imprisonment and fines
   40         based on the quantity involved in the offense;
   41         authorizing a court to depart from a mandatory minimum
   42         sentence for drug trafficking if the court finds
   43         compelling reasons that the mandatory minimum sentence
   44         is not necessary for the protection of the public;
   45         requiring a court to submit written reasons for such
   46         departure to the Office of Economic and Demographic
   47         Research; reenacting and amending s. 921.0022, F.S.;
   48         ranking offenses on the offense severity ranking chart
   49         of the Criminal Punishment Code; incorporating the
   50         amendments made by the act in cross-references to
   51         amended provisions; amending s. 775.082, F.S.;
   52         requiring that a court sentence a defendant who is
   53         convicted of a primary offense of possession of a
   54         controlled substance committed on or after a specified
   55         date to a nonstate prison sanction under certain
   56         circumstances; defining the term “possession of a
   57         controlled substance”; amending s. 921.0026, F.S.;
   58         revising the mitigating circumstances under which a
   59         departure from the lowest permissible sentence is
   60         reasonably justified; making technical changes;
   61         amending s. 948.01, F.S.; requiring a sentencing court
   62         to place certain defendants who commit an offense on
   63         or after a specified date into a postadjudicatory
   64         treatment-based drug court program, into residential
   65         drug treatment, or on drug offender probation; making
   66         technical changes; reenacting ss. 775.08435(1)(b) and
   67         (c), 921.002(3), and 921.00265(1), F.S., relating to
   68         the prohibition on withholding adjudication in felony
   69         cases, the Criminal Punishment Code, and recommended
   70         and departure sentences, respectively, to incorporate
   71         the amendment made to s. 921.0026, F.S., in references
   72         thereto; reenacting ss. 394.47892(2) and (4)(a),
   73         397.334(3)(a) and (5), 910.035(5)(a), 921.187(1)(c),
   74         and 943.04352, F.S., relating to mental health court
   75         programs, treatment-based drug court programs,
   76         transfer for participation in a problem-solving court,
   77         offender probation with or without adjudication of
   78         guilt, and court placement of a defendant on
   79         misdemeanor probation, respectively, to incorporate
   80         the amendment made to s. 948.01, F.S., in references
   81         thereto; reenacting ss. 39.806(1)(d), 63.089(4)(b),
   82         95.11(10), 775.082(1)(b) and (3)(a), (b), and (c),
   83         775.0823(1) and (2), 921.16(1), 948.06(8)(c),
   84         948.062(1)(a), 985.265(3)(b), 1012.315(1)(d), and
   85         1012.467(2)(g), relating to grounds for termination of
   86         parental rights, proceedings to terminate parental
   87         rights pending adoption, limitations other than for
   88         the recovery of real property, penalties, violent
   89         offenses committed against specified officials, when
   90         sentences are to be concurrent and when consecutive,
   91         violation of probation or community control, reviewing
   92         and reporting serious offenses committed by offenders
   93         placed on probation or community control, detention
   94         transfer and release, disqualification from
   95         employment, and noninstructional contractors who are
   96         permitted access to school grounds when students are
   97         present, respectively, to incorporate the amendments
   98         made by the act in cross-references to amended
   99         provisions; providing an effective date.
  100          
  101  Be It Enacted by the Legislature of the State of Florida:
  102  
  103         Section 1. Subsection (4) of section 381.887, Florida
  104  Statutes, is amended to read:
  105         381.887 Emergency treatment for suspected opioid overdose.—
  106         (4) The following persons Emergency responders, including,
  107  but not limited to, law enforcement officers, paramedics, and
  108  emergency medical technicians, are authorized to possess, store,
  109  and administer emergency opioid antagonists as clinically
  110  indicated:
  111         (a)Emergency responders, including, but not limited to,
  112  law enforcement officers, paramedics, and emergency medical
  113  technicians.
  114         (b)Crime laboratory personnel for the statewide criminal
  115  analysis laboratory system as described in s. 943.32, including,
  116  but not limited to, analysts, evidence intake personnel, and
  117  their supervisors.
  118         Section 2. Paragraph (a) of subsection (1) of section
  119  782.04, Florida Statutes, is amended to read:
  120         782.04 Murder.—
  121         (1)(a) The unlawful killing of a human being:
  122         1. When perpetrated from a premeditated design to effect
  123  the death of the person killed or any human being;
  124         2. When committed by a person engaged in the perpetration
  125  of, or in the attempt to perpetrate, any:
  126         a. Trafficking offense prohibited by s. 893.135(1),
  127         b. Arson,
  128         c. Sexual battery,
  129         d. Robbery,
  130         e. Burglary,
  131         f. Kidnapping,
  132         g. Escape,
  133         h. Aggravated child abuse,
  134         i. Aggravated abuse of an elderly person or disabled adult,
  135         j. Aircraft piracy,
  136         k. Unlawful throwing, placing, or discharging of a
  137  destructive device or bomb,
  138         l. Carjacking,
  139         m. Home-invasion robbery,
  140         n. Aggravated stalking,
  141         o. Murder of another human being,
  142         p. Resisting an officer with violence to his or her person,
  143         q. Aggravated fleeing or eluding with serious bodily injury
  144  or death,
  145         r. Felony that is an act of terrorism or is in furtherance
  146  of an act of terrorism,
  147         s. Human trafficking; or
  148         3. Which resulted from the unlawful distribution by a
  149  person 18 years of age or older of any of the following
  150  substances, or mixture containing any of the following
  151  substances substance controlled under s. 893.03(1), cocaine as
  152  described in s. 893.03(2)(a)4., opium or any synthetic or
  153  natural salt, compound, derivative, or preparation of opium, or
  154  methadone by a person 18 years of age or older, when such
  155  substance or mixture drug is proven to be the proximate cause of
  156  the death of the user:
  157         a.A substance controlled under s. 893.03(1);
  158         b.Cocaine as described in s. 893.03(2)(a)4.;
  159         c.Opium or any synthetic or natural salt, compound,
  160  derivative, or preparation of opium;
  161         d.Methadone;
  162         e.Alfentanil, as described in s. 893.03(2)(b)1.;
  163         f.Carfentanil, as described in s. 893.03(2)(b)6.;
  164         g.Fentanyl, as described in s. 893.03(2)(b)9.;
  165         h.Sufentanil, as described in s. 893.03(2)(b)29.; or
  166         i.A controlled substance analog, as described in s.
  167  893.0356, of any substance specified in sub-subparagraphs a.-h.,
  168  
  169  is murder in the first degree and constitutes a capital felony,
  170  punishable as provided in s. 775.082.
  171         Section 3. Section 893.015, Florida Statutes, is created to
  172  read:
  173         893.015Statutory references.—The purpose of this chapter
  174  is to comprehensively address drug abuse prevention and control
  175  in this state. To this end, unless expressly provided otherwise,
  176  a reference in any section of the Florida Statutes to chapter
  177  893 or to any section or portion of a section of chapter 893
  178  includes all subsequent amendments to chapter 893 or to the
  179  referenced section or portion of a section.
  180         Section 4. Paragraphs (a) and (c) of subsection (1) of
  181  section 893.03, Florida Statutes, are amended to read:
  182         893.03 Standards and schedules.—The substances enumerated
  183  in this section are controlled by this chapter. The controlled
  184  substances listed or to be listed in Schedules I, II, III, IV,
  185  and V are included by whatever official, common, usual,
  186  chemical, trade name, or class designated. The provisions of
  187  this section shall not be construed to include within any of the
  188  schedules contained in this section any excluded drugs listed
  189  within the purview of 21 C.F.R. s. 1308.22, styled “Excluded
  190  Substances”; 21 C.F.R. s. 1308.24, styled “Exempt Chemical
  191  Preparations”; 21 C.F.R. s. 1308.32, styled “Exempted
  192  Prescription Products”; or 21 C.F.R. s. 1308.34, styled “Exempt
  193  Anabolic Steroid Products.”
  194         (1) SCHEDULE I.—A substance in Schedule I has a high
  195  potential for abuse and has no currently accepted medical use in
  196  treatment in the United States and in its use under medical
  197  supervision does not meet accepted safety standards. The
  198  following substances are controlled in Schedule I:
  199         (a) Unless specifically excepted or unless listed in
  200  another schedule, any of the following substances, including
  201  their isomers, esters, ethers, salts, and salts of isomers,
  202  esters, and ethers, whenever the existence of such isomers,
  203  esters, ethers, and salts is possible within the specific
  204  chemical designation:
  205         1. Acetyl-alpha-methylfentanyl.
  206         2. Acetylmethadol.
  207         3. Allylprodine.
  208         4. Alphacetylmethadol (except levo-alphacetylmethadol, also
  209  known as levo-alpha-acetylmethadol, levomethadyl acetate, or
  210  LAAM).
  211         5. Alphamethadol.
  212         6. Alpha-methylfentanyl (N-[1-(alpha-methyl-betaphenyl)
  213  ethyl-4-piperidyl] propionanilide; 1-(1-methyl-2-phenylethyl)-4
  214  (N-propanilido) piperidine).
  215         7. Alpha-methylthiofentanyl.
  216         8. Alphameprodine.
  217         9. Benzethidine.
  218         10. Benzylfentanyl.
  219         11. Betacetylmethadol.
  220         12. Beta-hydroxyfentanyl.
  221         13. Beta-hydroxy-3-methylfentanyl.
  222         14. Betameprodine.
  223         15. Betamethadol.
  224         16. Betaprodine.
  225         17. Clonitazene.
  226         18. Dextromoramide.
  227         19. Diampromide.
  228         20. Diethylthiambutene.
  229         21. Difenoxin.
  230         22. Dimenoxadol.
  231         23. Dimepheptanol.
  232         24. Dimethylthiambutene.
  233         25. Dioxaphetyl butyrate.
  234         26. Dipipanone.
  235         27. Ethylmethylthiambutene.
  236         28. Etonitazene.
  237         29. Etoxeridine.
  238         30. Flunitrazepam.
  239         31. Furethidine.
  240         32. Hydroxypethidine.
  241         33. Ketobemidone.
  242         34. Levomoramide.
  243         35. Levophenacylmorphan.
  244         36. Desmethylprodine (1-Methyl-4-Phenyl-4
  245  Propionoxypiperidine).
  246         37. 3-Methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4
  247  piperidyl]-N-phenylpropanamide).
  248         38. 3-Methylthiofentanyl.
  249         39. Morpheridine.
  250         40. Noracymethadol.
  251         41. Norlevorphanol.
  252         42. Normethadone.
  253         43. Norpipanone.
  254         44. Para-Fluorofentanyl.
  255         45. Phenadoxone.
  256         46. Phenampromide.
  257         47. Phenomorphan.
  258         48. Phenoperidine.
  259         49. PEPAP (1-(2-Phenylethyl)-4-Phenyl-4
  260  Acetyloxypiperidine).
  261         50. Piritramide.
  262         51. Proheptazine.
  263         52. Properidine.
  264         53. Propiram.
  265         54. Racemoramide.
  266         55. Thenylfentanyl.
  267         56. Thiofentanyl.
  268         57. Tilidine.
  269         58. Trimeperidine.
  270         59. Acetylfentanyl.
  271         60. Butyrylfentanyl.
  272         61. Beta-Hydroxythiofentanyl.
  273         62.Fentanyl derivatives. Unless specifically excepted,
  274  listed in another schedule, or contained within a pharmaceutical
  275  product approved by the United States Food and Drug
  276  Administration, any material, compound, mixture, or preparation,
  277  including its salts, isomers, esters, or ethers, and salts of
  278  isomers, esters, or ethers, whenever the existence of such salts
  279  is possible within any of the following specific chemical
  280  designations containing a 4-anilidopiperidine structure:
  281         a.With or without substitution at the carbonyl of the
  282  aniline moiety with alkyl, alkenyl, carboalkoxy, cycloalkyl,
  283  methoxyalkyl, cyanoalkyl, or aryl groups, or furanyl,
  284  dihydrofuranyl, benzyl moiety, or rings containing heteroatoms
  285  sulfur, oxygen, or nitrogen;
  286         b.With or without substitution at the piperidine amino
  287  moiety with a phenethyl, benzyl, alkylaryl (including
  288  heteroaromatics), alkyltetrazolyl ring, or an alkyl or
  289  carbomethoxy group, whether or not further substituted in the
  290  ring or group;
  291         c.With or without substitution or addition to the
  292  piperdine ring to any extent with one or more methyl,
  293  carbomethoxy, methoxy, methoxymethyl, aryl, allyl, or ester
  294  groups;
  295         d.With or without substitution of one or more hydrogen
  296  atoms for halogens, or methyl, alkyl, or methoxy groups, in the
  297  aromatic ring of the anilide moiety;
  298         e.With or without substitution at the alpha or beta
  299  position of the piperidine ring with alkyl, hydroxyl, or methoxy
  300  groups;
  301         f.With or without substitution of the benzene ring of the
  302  anilide moiety for an aromatic heterocycle; and
  303         g.With or without substitution of the piperidine ring for
  304  a pyrrolidine ring, perhydroazepine ring, or azepine ring;
  305  
  306  excluding, Alfentanil, Carfentanil, Fentanyl, and Sufentanil;
  307  including, but not limited to:
  308         (I)Acetyl-alpha-methylfentanyl.
  309         (II)Alpha-methylfentanyl (N-[1-(alpha-methyl-betaphenyl)
  310  ethyl-4-piperidyl] propionanilide; 1-(1-methyl-2-phenylethyl)-4
  311  (N-propanilido) piperidine).
  312         (III)Alpha-methylthiofentanyl.
  313         (IV)Benzylfentanyl.
  314         (V)Beta-hydroxyfentanyl.
  315         (VI)Beta-hydroxy-3-methylfentanyl.
  316         (VII)3-Methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4
  317  piperidyl]-N-phenylpropanamide).
  318         (VIII)3-Methylthiofentanyl.
  319         (IX)Para-Fluorofentanyl.
  320         (X)Thenylfentanyl or Thienyl fentanyl.
  321         (XI)Thiofentanyl.
  322         (XII)Acetylfentanyl.
  323         (XIII)Butyrylfentanyl.
  324         (XIV)Beta-Hydroxythiofentanyl.
  325         (XV)Lofentanil.
  326         (XVI)Ocfentanil.
  327         (XVII)Ohmfentanyl.
  328         (XVIII)Benzodioxolefentanyl.
  329         (XIX)Furanyl fentanyl.
  330         (XX)Pentanoyl fentanyl.
  331         (XXI)Cyclopentyl fentanyl.
  332         (XXII)Isobutyryl fentanyl.
  333         (XXIII)Remifentanil.
  334         (c) Unless specifically excepted or unless listed in
  335  another schedule, any material, compound, mixture, or
  336  preparation that contains any quantity of the following
  337  hallucinogenic substances or that contains any of their salts,
  338  isomers, including optical, positional, or geometric isomers,
  339  homologues, nitrogen-heterocyclic analogs, esters, ethers, and
  340  salts of isomers, homologues, nitrogen-heterocyclic analogs,
  341  esters, or ethers, if the existence of such salts, isomers, and
  342  salts of isomers is possible within the specific chemical
  343  designation or class description:
  344         1. Alpha-Ethyltryptamine.
  345         2. 4-Methylaminorex (2-Amino-4-methyl-5-phenyl-2
  346  oxazoline).
  347         3. Aminorex (2-Amino-5-phenyl-2-oxazoline).
  348         4. DOB (4-Bromo-2,5-dimethoxyamphetamine).
  349         5. 2C-B (4-Bromo-2,5-dimethoxyphenethylamine).
  350         6. Bufotenine.
  351         7. Cannabis.
  352         8. Cathinone.
  353         9. DET (Diethyltryptamine).
  354         10. 2,5-Dimethoxyamphetamine.
  355         11. DOET (4-Ethyl-2,5-Dimethoxyamphetamine).
  356         12. DMT (Dimethyltryptamine).
  357         13. PCE (N-Ethyl-1-phenylcyclohexylamine)(Ethylamine analog
  358  of phencyclidine).
  359         14. JB-318 (N-Ethyl-3-piperidyl benzilate).
  360         15. N-Ethylamphetamine.
  361         16. Fenethylline.
  362         17. 3,4-Methylenedioxy-N-hydroxyamphetamine.
  363         18. Ibogaine.
  364         19. LSD (Lysergic acid diethylamide).
  365         20. Mescaline.
  366         21. Methcathinone.
  367         22. 5-Methoxy-3,4-methylenedioxyamphetamine.
  368         23. PMA (4-Methoxyamphetamine).
  369         24. PMMA (4-Methoxymethamphetamine).
  370         25. DOM (4-Methyl-2,5-dimethoxyamphetamine).
  371         26. MDEA (3,4-Methylenedioxy-N-ethylamphetamine).
  372         27. MDA (3,4-Methylenedioxyamphetamine).
  373         28. JB-336 (N-Methyl-3-piperidyl benzilate).
  374         29. N,N-Dimethylamphetamine.
  375         30. Parahexyl.
  376         31. Peyote.
  377         32. PCPY (N-(1-Phenylcyclohexyl)-pyrrolidine) (Pyrrolidine
  378  analog of phencyclidine).
  379         33. Psilocybin.
  380         34. Psilocyn.
  381         35. Salvia divinorum, except for any drug product approved
  382  by the United States Food and Drug Administration which contains
  383  Salvia divinorum or its isomers, esters, ethers, salts, and
  384  salts of isomers, esters, and ethers, if the existence of such
  385  isomers, esters, ethers, and salts is possible within the
  386  specific chemical designation.
  387         36. Salvinorin A, except for any drug product approved by
  388  the United States Food and Drug Administration which contains
  389  Salvinorin A or its isomers, esters, ethers, salts, and salts of
  390  isomers, esters, and ethers, if the existence of such isomers,
  391  esters, ethers, and salts is possible within the specific
  392  chemical designation.
  393         37. Xylazine.
  394         38. TCP (1-[1-(2-Thienyl)-cyclohexyl]-piperidine)
  395  (Thiophene analog of phencyclidine).
  396         39. 3,4,5-Trimethoxyamphetamine.
  397         40. Methylone (3,4-Methylenedioxymethcathinone).
  398         41. MDPV (3,4-Methylenedioxypyrovalerone).
  399         42. Methylmethcathinone.
  400         43. Methoxymethcathinone.
  401         44. Fluoromethcathinone.
  402         45. Methylethcathinone.
  403         46. CP 47,497 (2-(3-Hydroxycyclohexyl)-5-(2-methyloctan-2
  404  yl)phenol) and its dimethyloctyl (C8) homologue.
  405         47. HU-210 [(6aR,10aR)-9-(Hydroxymethyl)-6,6-dimethyl-3-(2
  406  methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol].
  407         48. JWH-018 (1-Pentyl-3-(1-naphthoyl)indole).
  408         49. JWH-073 (1-Butyl-3-(1-naphthoyl)indole).
  409         50. JWH-200 (1-[2-(4-Morpholinyl)ethyl]-3-(1
  410  naphthoyl)indole).
  411         51. BZP (Benzylpiperazine).
  412         52. Fluorophenylpiperazine.
  413         53. Methylphenylpiperazine.
  414         54. Chlorophenylpiperazine.
  415         55. Methoxyphenylpiperazine.
  416         56. DBZP (1,4-Dibenzylpiperazine).
  417         57. TFMPP (Trifluoromethylphenylpiperazine).
  418         58. MBDB (Methylbenzodioxolylbutanamine) or (3,4
  419  Methylenedioxy-N-methylbutanamine).
  420         59. 5-Hydroxy-AMT (5-Hydroxy-alpha-methyltryptamine).
  421         60. 5-Hydroxy-N-methyltryptamine.
  422         61. 5-MeO-MiPT (5-Methoxy-N-methyl-N-isopropyltryptamine).
  423         62. 5-MeO-AMT (5-Methoxy-alpha-methyltryptamine).
  424         63. Methyltryptamine.
  425         64. 5-MeO-DMT (5-Methoxy-N,N-dimethyltryptamine).
  426         65. 5-Me-DMT (5-Methyl-N,N-dimethyltryptamine).
  427         66. Tyramine (4-Hydroxyphenethylamine).
  428         67. 5-MeO-DiPT (5-Methoxy-N,N-Diisopropyltryptamine).
  429         68. DiPT (N,N-Diisopropyltryptamine).
  430         69. DPT (N,N-Dipropyltryptamine).
  431         70. 4-Hydroxy-DiPT (4-Hydroxy-N,N-diisopropyltryptamine).
  432         71. 5-MeO-DALT (5-Methoxy-N,N-Diallyltryptamine).
  433         72. DOI (4-Iodo-2,5-dimethoxyamphetamine).
  434         73. DOC (4-Chloro-2,5-dimethoxyamphetamine).
  435         74. 2C-E (4-Ethyl-2,5-dimethoxyphenethylamine).
  436         75. 2C-T-4 (4-Isopropylthio-2,5-dimethoxyphenethylamine).
  437         76. 2C-C (4-Chloro-2,5-dimethoxyphenethylamine).
  438         77. 2C-T (4-Methylthio-2,5-dimethoxyphenethylamine).
  439         78. 2C-T-2 (4-Ethylthio-2,5-dimethoxyphenethylamine).
  440         79. 2C-T-7 (4-(n)-Propylthio-2,5-dimethoxyphenethylamine).
  441         80. 2C-I (4-Iodo-2,5-dimethoxyphenethylamine).
  442         81. Butylone (3,4-Methylenedioxy-alpha
  443  methylaminobutyrophenone).
  444         82. Ethcathinone.
  445         83. Ethylone (3,4-Methylenedioxy-N-ethylcathinone).
  446         84. Naphyrone (Naphthylpyrovalerone).
  447         85. Dimethylone (3,4-Methylenedioxy-N,N-dimethylcathinone).
  448         86. 3,4-Methylenedioxy-N,N-diethylcathinone.
  449         87. 3,4-Methylenedioxy-propiophenone.
  450         88. 3,4-Methylenedioxy-alpha-bromopropiophenone.
  451         89. 3,4-Methylenedioxy-propiophenone-2-oxime.
  452         90. 3,4-Methylenedioxy-N-acetylcathinone.
  453         91. 3,4-Methylenedioxy-N-acetylmethcathinone.
  454         92. 3,4-Methylenedioxy-N-acetylethcathinone.
  455         93. Bromomethcathinone.
  456         94. Buphedrone (alpha-Methylamino-butyrophenone).
  457         95. Eutylone (3,4-Methylenedioxy-alpha
  458  ethylaminobutyrophenone).
  459         96. Dimethylcathinone.
  460         97. Dimethylmethcathinone.
  461         98. Pentylone (3,4-Methylenedioxy-alpha
  462  methylaminovalerophenone).
  463         99. MDPPP (3,4-Methylenedioxy-alpha
  464  pyrrolidinopropiophenone).
  465         100. MDPBP (3,4-Methylenedioxy-alpha
  466  pyrrolidinobutyrophenone).
  467         101. MOPPP (Methoxy-alpha-pyrrolidinopropiophenone).
  468         102. MPHP (Methyl-alpha-pyrrolidinohexanophenone).
  469         103. BTCP (Benzothiophenylcyclohexylpiperidine) or BCP
  470  (Benocyclidine).
  471         104. F-MABP (Fluoromethylaminobutyrophenone).
  472         105. MeO-PBP (Methoxypyrrolidinobutyrophenone).
  473         106. Et-PBP (Ethylpyrrolidinobutyrophenone).
  474         107. 3-Me-4-MeO-MCAT (3-Methyl-4-Methoxymethcathinone).
  475         108. Me-EABP (Methylethylaminobutyrophenone).
  476         109. Etizolam.
  477         110. PPP (Pyrrolidinopropiophenone).
  478         111. PBP (Pyrrolidinobutyrophenone).
  479         112. PVP (Pyrrolidinovalerophenone) or
  480  (Pyrrolidinopentiophenone).
  481         113. MPPP (Methyl-alpha-pyrrolidinopropiophenone).
  482         114. JWH-007 (1-Pentyl-2-methyl-3-(1-naphthoyl)indole).
  483         115. JWH-015 (1-Propyl-2-methyl-3-(1-naphthoyl)indole).
  484         116. JWH-019 (1-Hexyl-3-(1-naphthoyl)indole).
  485         117. JWH-020 (1-Heptyl-3-(1-naphthoyl)indole).
  486         118. JWH-072 (1-Propyl-3-(1-naphthoyl)indole).
  487         119. JWH-081 (1-Pentyl-3-(4-methoxy-1-naphthoyl)indole).
  488         120. JWH-122 (1-Pentyl-3-(4-methyl-1-naphthoyl)indole).
  489         121. JWH-133 ((6aR,10aR)-6,6,9-Trimethyl-3-(2-methylpentan
  490  2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromene).
  491         122. JWH-175 (1-Pentyl-3-(1-naphthylmethyl)indole).
  492         123. JWH-201 (1-Pentyl-3-(4-methoxyphenylacetyl)indole).
  493         124. JWH-203 (1-Pentyl-3-(2-chlorophenylacetyl)indole).
  494         125. JWH-210 (1-Pentyl-3-(4-ethyl-1-naphthoyl)indole).
  495         126. JWH-250 (1-Pentyl-3-(2-methoxyphenylacetyl)indole).
  496         127. JWH-251 (1-Pentyl-3-(2-methylphenylacetyl)indole).
  497         128. JWH-302 (1-Pentyl-3-(3-methoxyphenylacetyl)indole).
  498         129. JWH-398 (1-Pentyl-3-(4-chloro-1-naphthoyl)indole).
  499         130. HU-211 ((6aS,10aS)-9-(Hydroxymethyl)-6,6-dimethyl-3
  500  (2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1
  501  ol).
  502         131. HU-308 ([(1R,2R,5R)-2-[2,6-Dimethoxy-4-(2-methyloctan
  503  2-yl)phenyl]-7,7-dimethyl-4-bicyclo[3.1.1]hept-3-enyl]
  504  methanol).
  505         132. HU-331 (3-Hydroxy-2-[(1R,6R)-3-methyl-6-(1
  506  methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-2,5-cyclohexadiene
  507  1,4-dione).
  508         133. CB-13 (4-Pentyloxy-1-(1-naphthoyl)naphthalene).
  509         134. CB-25 (N-Cyclopropyl-11-(3-hydroxy-5-pentylphenoxy)
  510  undecanamide).
  511         135. CB-52 (N-Cyclopropyl-11-(2-hexyl-5-hydroxyphenoxy)
  512  undecanamide).
  513         136. CP 55,940 (2-[3-Hydroxy-6-propanol-cyclohexyl]-5-(2
  514  methyloctan-2-yl)phenol).
  515         137. AM-694 (1-(5-Fluoropentyl)-3-(2-iodobenzoyl)indole).
  516         138. AM-2201 (1-(5-Fluoropentyl)-3-(1-naphthoyl)indole).
  517         139. RCS-4 (1-Pentyl-3-(4-methoxybenzoyl)indole).
  518         140. RCS-8 (1-(2-Cyclohexylethyl)-3-(2
  519  methoxyphenylacetyl)indole).
  520         141. WIN55,212-2 ((R)-(+)-[2,3-Dihydro-5-methyl-3-(4
  521  morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1
  522  naphthalenylmethanone).
  523         142. WIN55,212-3 ([(3S)-2,3-Dihydro-5-methyl-3-(4
  524  morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1
  525  naphthalenylmethanone).
  526         143. Pentedrone (alpha-Methylaminovalerophenone).
  527         144. Fluoroamphetamine.
  528         145. Fluoromethamphetamine.
  529         146. Methoxetamine.
  530         147. Methiopropamine.
  531         148. Methylbuphedrone (Methyl-alpha
  532  methylaminobutyrophenone).
  533         149. APB ((2-Aminopropyl)benzofuran).
  534         150. APDB ((2-Aminopropyl)-2,3-dihydrobenzofuran).
  535         151. UR-144 (1-Pentyl-3-(2,2,3,3
  536  tetramethylcyclopropanoyl)indole).
  537         152. XLR11 (1-(5-Fluoropentyl)-3-(2,2,3,3
  538  tetramethylcyclopropanoyl)indole).
  539         153. Chloro UR-144 (1-(Chloropentyl)-3-(2,2,3,3
  540  tetramethylcyclopropanoyl)indole).
  541         154. AKB48 (N-Adamant-1-yl 1-pentylindazole-3-carboxamide).
  542         155. AM-2233(1-[(N-Methyl-2-piperidinyl)methyl]-3-(2
  543  iodobenzoyl)indole).
  544         156. STS-135 (N-Adamant-1-yl 1-(5-fluoropentyl)indole-3
  545  carboxamide).
  546         157. URB-597 ((3′-(Aminocarbonyl)[1,1′-biphenyl]-3-yl)
  547  cyclohexylcarbamate).
  548         158. URB-602 ([1,1′-Biphenyl]-3-yl-carbamic acid,
  549  cyclohexyl ester).
  550         159. URB-754 (6-Methyl-2-[(4-methylphenyl)amino]-1
  551  benzoxazin-4-one).
  552         160. 2C-D (4-Methyl-2,5-dimethoxyphenethylamine).
  553         161. 2C-H (2,5-Dimethoxyphenethylamine).
  554         162. 2C-N (4-Nitro-2,5-dimethoxyphenethylamine).
  555         163. 2C-P (4-(n)-Propyl-2,5-dimethoxyphenethylamine).
  556         164. 25I-NBOMe (4-Iodo-2,5-dimethoxy-[N-(2
  557  methoxybenzyl)]phenethylamine).
  558         165. MDMA (3,4-Methylenedioxymethamphetamine).
  559         166. PB-22 (8-Quinolinyl 1-pentylindole-3-carboxylate).
  560         167. Fluoro PB-22 (8-Quinolinyl 1-(fluoropentyl)indole-3
  561  carboxylate).
  562         168. BB-22 (8-Quinolinyl 1-(cyclohexylmethyl)indole-3
  563  carboxylate).
  564         169. Fluoro AKB48 (N-Adamant-1-yl 1-(fluoropentyl)indazole
  565  3-carboxamide).
  566         170. AB-PINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1
  567  pentylindazole-3-carboxamide).
  568         171. AB-FUBINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1
  569  (4-fluorobenzyl)indazole-3-carboxamide).
  570         172. ADB-PINACA (N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl)
  571  1-pentylindazole-3-carboxamide).
  572         173. Fluoro ADBICA (N-(1-Amino-3,3-dimethyl-1-oxobutan-2
  573  yl)-1-(fluoropentyl)indole-3-carboxamide).
  574         174. 25B-NBOMe (4-Bromo-2,5-dimethoxy-[N-(2
  575  methoxybenzyl)]phenethylamine).
  576         175. 25C-NBOMe (4-Chloro-2,5-dimethoxy-[N-(2
  577  methoxybenzyl)]phenethylamine).
  578         176. AB-CHMINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1
  579  (cyclohexylmethyl)indazole-3-carboxamide).
  580         177. FUB-PB-22 (8-Quinolinyl 1-(4-fluorobenzyl)indole-3
  581  carboxylate).
  582         178. Fluoro-NNEI (N-Naphthalen-1-yl 1-(fluoropentyl)indole
  583  3-carboxamide).
  584         179. Fluoro-AMB (N-(1-Methoxy-3-methyl-1-oxobutan-2-yl)-1
  585  (fluoropentyl)indazole-3-carboxamide).
  586         180. THJ-2201 (1-(5-Fluoropentyl)-3-(1-naphthoyl)indazole).
  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
  700  naphthoyl)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         (XXIX) 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-6-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
  891  (chloropentyl)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-thiophenyl-1
  992  propanone structure,
  993  whether or not the compound is further modified:
  994         (I) With or without substitution on the ring system to any
  995  extent with alkyl, alkylthio, thio, fused alkylenedioxy, alkoxy,
  996  haloalkyl, hydroxyl, nitro, fused furan, fused benzofuran, fused
  997  dihydrofuran, fused tetrahydropyran, fused alkyl ring, or halide
  998  substituents;
  999         (II) With or without substitution at the 3-propanone
 1000  position with an alkyl substituent or removal of the methyl
 1001  group at the 3-propanone position;
 1002         (III) With or without substitution at the 2-amino nitrogen
 1003  atom with alkyl, dialkyl, acetyl, or benzyl groups, whether or
 1004  not further substituted in the ring system; or
 1005         (IV) With or without inclusion of the 2-amino nitrogen atom
 1006  in a cyclic structure, including, but not limited to:
 1007         (A) Methcathinone.
 1008         (B) Ethcathinone.
 1009         (C) Methylone (3,4-Methylenedioxymethcathinone).
 1010         (D) 2,3-Methylenedioxymethcathinone.
 1011         (E) MDPV (3,4-Methylenedioxypyrovalerone).
 1012         (F) Methylmethcathinone.
 1013         (G) Methoxymethcathinone.
 1014         (H) Fluoromethcathinone.
 1015         (I) Methylethcathinone.
 1016         (J) Butylone (3,4-Methylenedioxy-alpha
 1017  methylaminobutyrophenone).
 1018         (K) Ethylone (3,4-Methylenedioxy-N-ethylcathinone).
 1019         (L) BMDP (3,4-Methylenedioxy-N-benzylcathinone).
 1020         (M) Naphyrone (Naphthylpyrovalerone).
 1021         (N) Bromomethcathinone.
 1022         (O) Buphedrone (alpha-Methylaminobutyrophenone).
 1023         (P) Eutylone (3,4-Methylenedioxy-alpha
 1024  ethylaminobutyrophenone).
 1025         (Q) Dimethylcathinone.
 1026         (R) Dimethylmethcathinone.
 1027         (S) Pentylone (3,4-Methylenedioxy-alpha
 1028  methylaminovalerophenone).
 1029         (T) Pentedrone (alpha-Methylaminovalerophenone).
 1030         (U) MDPPP (3,4-Methylenedioxy-alpha
 1031  pyrrolidinopropiophenone).
 1032         (V) MDPBP (3,4-Methylenedioxy-alpha
 1033  pyrrolidinobutyrophenone).
 1034         (W) MPPP (Methyl-alpha-pyrrolidinopropiophenone).
 1035         (X) PPP (Pyrrolidinopropiophenone).
 1036         (Y) PVP (Pyrrolidinovalerophenone) or
 1037  (Pyrrolidinopentiophenone).
 1038         (Z) MOPPP (Methoxy-alpha-pyrrolidinopropiophenone).
 1039         (AA) MPHP (Methyl-alpha-pyrrolidinohexanophenone).
 1040         (BB) F-MABP (Fluoromethylaminobutyrophenone).
 1041         (CC) Me-EABP (Methylethylaminobutyrophenone).
 1042         (DD) PBP (Pyrrolidinobutyrophenone).
 1043         (EE) MeO-PBP (Methoxypyrrolidinobutyrophenone).
 1044         (FF) Et-PBP (Ethylpyrrolidinobutyrophenone).
 1045         (GG) 3-Me-4-MeO-MCAT (3-Methyl-4-Methoxymethcathinone).
 1046         (HH) Dimethylone (3,4-Methylenedioxy-N,N
 1047  dimethylcathinone).
 1048         (II) 3,4-Methylenedioxy-N,N-diethylcathinone.
 1049         (JJ) 3,4-Methylenedioxy-N-acetylcathinone.
 1050         (KK) 3,4-Methylenedioxy-N-acetylmethcathinone.
 1051         (LL) 3,4-Methylenedioxy-N-acetylethcathinone.
 1052         (MM) Methylbuphedrone (Methyl-alpha
 1053  methylaminobutyrophenone).
 1054         (NN) Methyl-alpha-methylaminohexanophenone.
 1055         (OO) N-Ethyl-N-methylcathinone.
 1056         (PP) PHP (Pyrrolidinohexanophenone).
 1057         (QQ) PV8 (Pyrrolidinoheptanophenone).
 1058         (RR) Chloromethcathinone.
 1059         (SS) 4-Bromo-2,5-dimethoxy-alpha-aminoacetophenone.
 1060         192. Substituted Phenethylamines.—Unless specifically
 1061  excepted or unless listed in another schedule, or contained
 1062  within a pharmaceutical product approved by the United States
 1063  Food and Drug Administration, any material, compound, mixture,
 1064  or preparation, including its salts, isomers, esters, or ethers,
 1065  and salts of isomers, esters, or ethers, whenever the existence
 1066  of such salts is possible within any of the following specific
 1067  chemical designations, any compound containing a phenethylamine
 1068  structure, without a beta-keto group, and without a benzyl group
 1069  attached to the amine group, whether or not the compound is
 1070  further modified with or without substitution on the phenyl ring
 1071  to any extent with alkyl, alkylthio, nitro, alkoxy, thio,
 1072  halide, fused alkylenedioxy, fused furan, fused benzofuran,
 1073  fused dihydrofuran, or fused tetrahydropyran substituents,
 1074  whether or not further substituted on a ring to any extent, with
 1075  or without substitution at the alpha or beta position by any
 1076  alkyl substituent, with or without substitution at the nitrogen
 1077  atom, and with or without inclusion of the 2-amino nitrogen atom
 1078  in a cyclic structure, including, but not limited to:
 1079         a. 2C-B (4-Bromo-2,5-dimethoxyphenethylamine).
 1080         b. 2C-E (4-Ethyl-2,5-dimethoxyphenethylamine).
 1081         c. 2C-T-4 (4-Isopropylthio-2,5-dimethoxyphenethylamine).
 1082         d. 2C-C (4-Chloro-2,5-dimethoxyphenethylamine).
 1083         e. 2C-T (4-Methylthio-2,5-dimethoxyphenethylamine).
 1084         f. 2C-T-2 (4-Ethylthio-2,5-dimethoxyphenethylamine).
 1085         g. 2C-T-7 (4-(n)-Propylthio-2,5-dimethoxyphenethylamine).
 1086         h. 2C-I (4-Iodo-2,5-dimethoxyphenethylamine).
 1087         i. 2C-D (4-Methyl-2,5-dimethoxyphenethylamine).
 1088         j. 2C-H (2,5-Dimethoxyphenethylamine).
 1089         k. 2C-N (4-Nitro-2,5-dimethoxyphenethylamine).
 1090         l. 2C-P (4-(n)-Propyl-2,5-dimethoxyphenethylamine).
 1091         m. MDMA (3,4-Methylenedioxymethamphetamine).
 1092         n. MBDB (Methylbenzodioxolylbutanamine) or (3,4
 1093  Methylenedioxy-N-methylbutanamine).
 1094         o. MDA (3,4-Methylenedioxyamphetamine).
 1095         p. 2,5-Dimethoxyamphetamine.
 1096         q. Fluoroamphetamine.
 1097         r. Fluoromethamphetamine.
 1098         s. MDEA (3,4-Methylenedioxy-N-ethylamphetamine).
 1099         t. DOB (4-Bromo-2,5-dimethoxyamphetamine).
 1100         u. DOC (4-Chloro-2,5-dimethoxyamphetamine).
 1101         v. DOET (4-Ethyl-2,5-dimethoxyamphetamine).
 1102         w. DOI (4-Iodo-2,5-dimethoxyamphetamine).
 1103         x. DOM (4-Methyl-2,5-dimethoxyamphetamine).
 1104         y. PMA (4-Methoxyamphetamine).
 1105         z. N-Ethylamphetamine.
 1106         aa. 3,4-Methylenedioxy-N-hydroxyamphetamine.
 1107         bb. 5-Methoxy-3,4-methylenedioxyamphetamine.
 1108         cc. PMMA (4-Methoxymethamphetamine).
 1109         dd. N,N-Dimethylamphetamine.
 1110         ee. 3,4,5-Trimethoxyamphetamine.
 1111         ff. 4-APB (4-(2-Aminopropyl)benzofuran).
 1112         gg. 5-APB (5-(2-Aminopropyl)benzofuran).
 1113         hh. 6-APB (6-(2-Aminopropyl)benzofuran).
 1114         ii. 7-APB (7-(2-Aminopropyl)benzofuran).
 1115         jj. 4-APDB (4-(2-Aminopropyl)-2,3-dihydrobenzofuran).
 1116         kk. 5-APDB (5-(2-Aminopropyl)-2,3-dihydrobenzofuran).
 1117         ll. 6-APDB (6-(2-Aminopropyl)-2,3-dihydrobenzofuran).
 1118         mm. 7-APDB (7-(2-Aminopropyl)-2,3-dihydrobenzofuran).
 1119         nn. 4-MAPB (4-(2-Methylaminopropyl)benzofuran).
 1120         oo. 5-MAPB (5-(2-Methylaminopropyl)benzofuran).
 1121         pp. 6-MAPB (6-(2-Methylaminopropyl)benzofuran).
 1122         qq. 7-MAPB (7-(2-Methylaminopropyl)benzofuran).
 1123         rr. 5-EAPB (5-(2-Ethylaminopropyl)benzofuran).
 1124         ss. 5-MAPDB (5-(2-Methylaminopropyl)-2,3
 1125  dihydrobenzofuran),
 1126  
 1127  which does not include phenethylamine, mescaline as described in
 1128  subparagraph 20., substituted cathinones as described in
 1129  subparagraph 191., N-Benzyl phenethylamine compounds as
 1130  described in subparagraph 193., or methamphetamine as described
 1131  in subparagraph (2)(c)4.
 1132         193. N-Benzyl Phenethylamine Compounds.—Unless specifically
 1133  excepted or unless listed in another schedule, or contained
 1134  within a pharmaceutical product approved by the United States
 1135  Food and Drug Administration, any material, compound, mixture,
 1136  or preparation, including its salts, isomers, esters, or ethers,
 1137  and salts of isomers, esters, or ethers, whenever the existence
 1138  of such salts is possible within any of the following specific
 1139  chemical designations, any compound containing a phenethylamine
 1140  structure without a beta-keto group, with substitution on the
 1141  nitrogen atom of the amino group with a benzyl substituent, with
 1142  or without substitution on the phenyl or benzyl ring to any
 1143  extent with alkyl, alkoxy, thio, alkylthio, halide, fused
 1144  alkylenedioxy, fused furan, fused benzofuran, or fused
 1145  tetrahydropyran substituents, whether or not further substituted
 1146  on a ring to any extent, with or without substitution at the
 1147  alpha position by any alkyl substituent, including, but not
 1148  limited to:
 1149         a. 25B-NBOMe (4-Bromo-2,5-dimethoxy-[N-(2
 1150  methoxybenzyl)]phenethylamine).
 1151         b. 25B-NBOH (4-Bromo-2,5-dimethoxy-[N-(2
 1152  hydroxybenzyl)]phenethylamine).
 1153         c. 25B-NBF (4-Bromo-2,5-dimethoxy-[N-(2
 1154  fluorobenzyl)]phenethylamine).
 1155         d. 25B-NBMD (4-Bromo-2,5-dimethoxy-[N-(2,3
 1156  methylenedioxybenzyl)]phenethylamine).
 1157         e. 25I-NBOMe (4-Iodo-2,5-dimethoxy-[N-(2
 1158  methoxybenzyl)]phenethylamine).
 1159         f. 25I-NBOH (4-Iodo-2,5-dimethoxy-[N-(2
 1160  hydroxybenzyl)]phenethylamine).
 1161         g. 25I-NBF (4-Iodo-2,5-dimethoxy-[N-(2
 1162  fluorobenzyl)]phenethylamine).
 1163         h. 25I-NBMD (4-Iodo-2,5-dimethoxy-[N-(2,3
 1164  methylenedioxybenzyl)]phenethylamine).
 1165         i. 25T2-NBOMe (4-Methylthio-2,5-dimethoxy-[N-(2
 1166  methoxybenzyl)]phenethylamine).
 1167         j. 25T4-NBOMe (4-Isopropylthio-2,5-dimethoxy-[N-(2
 1168  methoxybenzyl)]phenethylamine).
 1169         k. 25T7-NBOMe (4-(n)-Propylthio-2,5-dimethoxy-[N-(2
 1170  methoxybenzyl)]phenethylamine).
 1171         l. 25C-NBOMe (4-Chloro-2,5-dimethoxy-[N-(2
 1172  methoxybenzyl)]phenethylamine).
 1173         m. 25C-NBOH (4-Chloro-2,5-dimethoxy-[N-(2
 1174  hydroxybenzyl)]phenethylamine).
 1175         n. 25C-NBF (4-Chloro-2,5-dimethoxy-[N-(2
 1176  fluorobenzyl)]phenethylamine).
 1177         o. 25C-NBMD (4-Chloro-2,5-dimethoxy-[N-(2,3
 1178  methylenedioxybenzyl)]phenethylamine).
 1179         p. 25H-NBOMe (2,5-Dimethoxy-[N-(2
 1180  methoxybenzyl)]phenethylamine).
 1181         q. 25H-NBOH (2,5-Dimethoxy-[N-(2
 1182  hydroxybenzyl)]phenethylamine).
 1183         r. 25H-NBF (2,5-Dimethoxy-[N-(2
 1184  fluorobenzyl)]phenethylamine).
 1185         s. 25D-NBOMe (4-Methyl-2,5-dimethoxy-[N-(2
 1186  methoxybenzyl)]phenethylamine),
 1187  
 1188  which does not include substituted cathinones as described in
 1189  subparagraph 191.
 1190         194. Substituted Tryptamines.—Unless specifically excepted
 1191  or unless listed in another schedule, or contained within a
 1192  pharmaceutical product approved by the United States Food and
 1193  Drug Administration, any material, compound, mixture, or
 1194  preparation containing a 2-(1H-indol-3-yl)ethanamine, for
 1195  example tryptamine, structure with or without mono- or di
 1196  substitution of the amine nitrogen with alkyl or alkenyl groups,
 1197  or by inclusion of the amino nitrogen atom in a cyclic
 1198  structure, whether or not substituted at the alpha position with
 1199  an alkyl group, whether or not substituted on the indole ring to
 1200  any extent with any alkyl, alkoxy, halo, hydroxyl, or acetoxy
 1201  groups, including, but not limited to:
 1202         a. Alpha-Ethyltryptamine.
 1203         b. Bufotenine.
 1204         c. DET (Diethyltryptamine).
 1205         d. DMT (Dimethyltryptamine).
 1206         e. MET (N-Methyl-N-ethyltryptamine).
 1207         f. DALT (N,N-Diallyltryptamine).
 1208         g. EiPT (N-Ethyl-N-isopropyltryptamine).
 1209         h. MiPT (N-Methyl-N-isopropyltryptamine).
 1210         i. 5-Hydroxy-AMT (5-Hydroxy-alpha-methyltryptamine).
 1211         j. 5-Hydroxy-N-methyltryptamine.
 1212         k. 5-MeO-MiPT (5-Methoxy-N-methyl-N-isopropyltryptamine).
 1213         l. 5-MeO-AMT (5-Methoxy-alpha-methyltryptamine).
 1214         m. Methyltryptamine.
 1215         n. 5-MeO-DMT (5-Methoxy-N,N-dimethyltryptamine).
 1216         o. 5-Me-DMT (5-Methyl-N,N-dimethyltryptamine).
 1217         p. 5-MeO-DiPT (5-Methoxy-N,N-Diisopropyltryptamine).
 1218         q. DiPT (N,N-Diisopropyltryptamine).
 1219         r. DPT (N,N-Dipropyltryptamine).
 1220         s. 4-Hydroxy-DiPT (4-Hydroxy-N,N-diisopropyltryptamine).
 1221         t. 5-MeO-DALT (5-Methoxy-N,N-Diallyltryptamine).
 1222         u. 4-AcO-DMT (4-Acetoxy-N,N-dimethyltryptamine).
 1223         v. 4-AcO-DiPT (4-Acetoxy-N,N-diisopropyltryptamine).
 1224         w. 4-Hydroxy-DET (4-Hydroxy-N,N-diethyltryptamine).
 1225         x. 4-Hydroxy-MET (4-Hydroxy-N-methyl-N-ethyltryptamine).
 1226         y. 4-Hydroxy-MiPT (4-Hydroxy-N-methyl-N
 1227  isopropyltryptamine).
 1228         z. Methyl-alpha-ethyltryptamine.
 1229         aa. Bromo-DALT (Bromo-N,N-diallyltryptamine),
 1230  
 1231  which does not include tryptamine, psilocyn as described in
 1232  subparagraph 34., or psilocybin as described in subparagraph 33.
 1233         195. Substituted Phenylcyclohexylamines.—Unless
 1234  specifically excepted or unless listed in another schedule, or
 1235  contained within a pharmaceutical product approved by the United
 1236  States Food and Drug Administration, any material, compound,
 1237  mixture, or preparation containing a phenylcyclohexylamine
 1238  structure, with or without any substitution on the phenyl ring,
 1239  any substitution on the cyclohexyl ring, any replacement of the
 1240  phenyl ring with a thiophenyl or benzothiophenyl ring, with or
 1241  without substitution on the amine with alkyl, dialkyl, or alkoxy
 1242  substituents, inclusion of the nitrogen in a cyclic structure,
 1243  or any combination of the above, including, but not limited to:
 1244         a. BTCP (Benzothiophenylcyclohexylpiperidine) or BCP
 1245  (Benocyclidine).
 1246         b. PCE (N-Ethyl-1-phenylcyclohexylamine)(Ethylamine analog
 1247  of phencyclidine).
 1248         c. PCPY (N-(1-Phenylcyclohexyl)-pyrrolidine)(Pyrrolidine
 1249  analog of phencyclidine).
 1250         d. PCPr (Phenylcyclohexylpropylamine).
 1251         e. TCP (1-[1-(2-Thienyl)-cyclohexyl]-piperidine)(Thiophene
 1252  analog of phencyclidine).
 1253         f. PCEEA (Phenylcyclohexyl(ethoxyethylamine)).
 1254         g. PCMPA (Phenylcyclohexyl(methoxypropylamine)).
 1255         h. Methoxetamine.
 1256         i. 3-Methoxy-PCE ((3-Methoxyphenyl)cyclohexylethylamine).
 1257         j. Bromo-PCP ((Bromophenyl)cyclohexylpiperidine).
 1258         k. Chloro-PCP ((Chlorophenyl)cyclohexylpiperidine).
 1259         l. Fluoro-PCP ((Fluorophenyl)cyclohexylpiperidine).
 1260         m. Hydroxy-PCP ((Hydroxyphenyl)cyclohexylpiperidine).
 1261         n. Methoxy-PCP ((Methoxyphenyl)cyclohexylpiperidine).
 1262         o. Methyl-PCP ((Methylphenyl)cyclohexylpiperidine).
 1263         p. Nitro-PCP ((Nitrophenyl)cyclohexylpiperidine).
 1264         q. Oxo-PCP ((Oxophenyl)cyclohexylpiperidine).
 1265         r. Amino-PCP ((Aminophenyl)cyclohexylpiperidine).
 1266         196.W-15, 4-chloro-N-[1-(2-phenylethyl)-2
 1267  piperidinylidene]-benzenesulfonamide.
 1268         197.W-18, 4-chloro-N-[1-[2-(4-nitrophenyl)ethyl]-2
 1269  piperidinylidene]-benzenesulfonamide.
 1270         198.AH-7921, 3,4-dichloro-N-[[1
 1271  (dimethylamino)cyclohexyl]methyl]-benzamide.
 1272         199.U47700, trans-3,4-dichloro-N-[2
 1273  (dimethylamino)cyclohexyl]-N-methyl-benzamide.
 1274         200.MT-45, 1-cyclohexyl-4-(1,2-diphenylethyl)-piperazine,
 1275  dihydrochloride.
 1276         Section 5. Paragraph (c) of subsection (6) of section
 1277  893.13, Florida Statutes, is amended to read:
 1278         893.13 Prohibited acts; penalties.—
 1279         (6)
 1280         (c) Except as provided in this chapter, a person may not
 1281  possess more than 10 grams of any substance named or described
 1282  in s. 893.03(1)(a), or (1)(b), or (2)(b), or any combination
 1283  thereof, or any mixture containing any such substance. A person
 1284  who violates this paragraph commits a felony of the first
 1285  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 1286  775.084.
 1287         Section 6. Paragraphs (c), (d), and (k) of subsection (1)
 1288  of section 893.135, Florida Statutes, are amended, and
 1289  paragraphs (m) and (n) are added to that subsection, and a new
 1290  subsection (8) is added to that section, to read:
 1291         893.135 Trafficking; mandatory sentences; suspension or
 1292  reduction of sentences; conspiracy to engage in trafficking.—
 1293         (1) Except as authorized in this chapter or in chapter 499
 1294  and notwithstanding the provisions of s. 893.13:
 1295         (c)1. A person who knowingly sells, purchases,
 1296  manufactures, delivers, or brings into this state, or who is
 1297  knowingly in actual or constructive possession of, 4 grams or
 1298  more of any morphine, opium, hydromorphone, or any salt,
 1299  derivative, isomer, or salt of an isomer thereof, including
 1300  heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or
 1301  (3)(c)4., or 4 grams or more of any mixture containing any such
 1302  substance, but less than 30 kilograms of such substance or
 1303  mixture, commits a felony of the first degree, which felony
 1304  shall be known as “trafficking in illegal drugs,” punishable as
 1305  provided in s. 775.082, s. 775.083, or s. 775.084. If the
 1306  quantity involved:
 1307         a. Is 4 grams or more, but less than 14 grams, such person
 1308  shall be sentenced to a mandatory minimum term of imprisonment
 1309  of 3 years and shall be ordered to pay a fine of $50,000.
 1310         b. Is 14 grams or more, but less than 28 grams, such person
 1311  shall be sentenced to a mandatory minimum term of imprisonment
 1312  of 15 years and shall be ordered to pay a fine of $100,000.
 1313         c. Is 28 grams or more, but less than 30 kilograms, such
 1314  person shall be sentenced to a mandatory minimum term of
 1315  imprisonment of 25 years and shall be ordered to pay a fine of
 1316  $500,000.
 1317         2. A person who knowingly sells, purchases, manufactures,
 1318  delivers, or brings into this state, or who is knowingly in
 1319  actual or constructive possession of, 14 grams or more of
 1320  hydrocodone, as described in s. 893.03(2)(a)1.j., codeine, as
 1321  described in s. 893.03(2)(a)1.g., or any salt, derivative,
 1322  isomer, or salt of an isomer thereof, or 14 grams or more of any
 1323  mixture containing any such substance, commits a felony of the
 1324  first degree, which felony shall be known as “trafficking in
 1325  hydrocodone,” punishable as provided in s. 775.082, s. 775.083,
 1326  or s. 775.084. If the quantity involved:
 1327         a. Is 14 grams or more, but less than 28 grams, such person
 1328  shall be sentenced to a mandatory minimum term of imprisonment
 1329  of 3 years and shall be ordered to pay a fine of $50,000.
 1330         b. Is 28 grams or more, but less than 50 grams, such person
 1331  shall be sentenced to a mandatory minimum term of imprisonment
 1332  of 7 years and shall be ordered to pay a fine of $100,000.
 1333         c. Is 50 grams or more, but less than 200 grams, such
 1334  person shall be sentenced to a mandatory minimum term of
 1335  imprisonment of 15 years and shall be ordered to pay a fine of
 1336  $500,000.
 1337         d. Is 200 grams or more, but less than 30 kilograms, such
 1338  person shall be sentenced to a mandatory minimum term of
 1339  imprisonment of 25 years and shall be ordered to pay a fine of
 1340  $750,000.
 1341         3. A person who knowingly sells, purchases, manufactures,
 1342  delivers, or brings into this state, or who is knowingly in
 1343  actual or constructive possession of, 7 grams or more of
 1344  oxycodone, as described in s. 893.03(2)(a)1.o., or any salt,
 1345  derivative, isomer, or salt of an isomer thereof, or 7 grams or
 1346  more of any mixture containing any such substance, commits a
 1347  felony of the first degree, which felony shall be known as
 1348  “trafficking in oxycodone,” punishable as provided in s.
 1349  775.082, s. 775.083, or s. 775.084. If the quantity involved:
 1350         a. Is 7 grams or more, but less than 14 grams, such person
 1351  shall be sentenced to a mandatory minimum term of imprisonment
 1352  of 3 years and shall be ordered to pay a fine of $50,000.
 1353         b. Is 14 grams or more, but less than 25 grams, such person
 1354  shall be sentenced to a mandatory minimum term of imprisonment
 1355  of 7 years and shall be ordered to pay a fine of $100,000.
 1356         c. Is 25 grams or more, but less than 100 grams, such
 1357  person shall be sentenced to a mandatory minimum term of
 1358  imprisonment of 15 years and shall be ordered to pay a fine of
 1359  $500,000.
 1360         d. Is 100 grams or more, but less than 30 kilograms, such
 1361  person shall be sentenced to a mandatory minimum term of
 1362  imprisonment of 25 years and shall be ordered to pay a fine of
 1363  $750,000.
 1364         4.a.A person who knowingly sells, purchases, manufactures,
 1365  delivers, or brings into this state, or who is knowingly in
 1366  actual or constructive possession of, 4 grams or more of:
 1367         (I) Alfentanil, as described in s. 893.03(2)(b)1.;
 1368         (II)Carfentanil, as described in s. 893.03(2)(b)6.;
 1369         (III)Fentanyl, as described in s. 893.03(2)(b)9.;
 1370         (IV)Sufentanil, as described in s. 893.03(2)(b)29.;
 1371         (V)A fentanyl derivative, as described in s.
 1372  893.03(1)(a)62.;
 1373         (VI)A controlled substance analog, as described in s.
 1374  893.0356, of any substance described in sub-sub-subparagraphs
 1375  (I)-(V); or
 1376         (VII)A mixture containing any substance described in sub
 1377  sub-subparagraphs (I)-(VI),
 1378  
 1379  commits a felony of the first degree, which felony shall be
 1380  known as “trafficking in fentanyl,” punishable as provided in s.
 1381  775.082, s. 775.083, or s. 775.084.
 1382         b.If the quantity involved under sub-subparagraph a.:
 1383         (I)Is 4 grams or more, but less than 14 grams, such person
 1384  shall be sentenced to a mandatory minimum term of imprisonment
 1385  of 3 years, and shall be ordered to pay a fine of $50,000.
 1386         (II)Is 14 grams or more, but less than 28 grams, such
 1387  person shall be sentenced to a mandatory minimum term of
 1388  imprisonment of 15 years, and shall be ordered to pay a fine of
 1389  $100,000.
 1390         (III)Is 28 grams or more, such person shall be sentenced
 1391  to a mandatory minimum term of imprisonment of 25 years, and
 1392  shall be ordered to pay a fine of $500,000.
 1393         5.4. A person who knowingly sells, purchases, manufactures,
 1394  delivers, or brings into this state, or who is knowingly in
 1395  actual or constructive possession of, 30 kilograms or more of
 1396  any morphine, opium, oxycodone, hydrocodone, codeine,
 1397  hydromorphone, or any salt, derivative, isomer, or salt of an
 1398  isomer thereof, including heroin, as described in s.
 1399  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or
 1400  more of any mixture containing any such substance, commits the
 1401  first degree felony of trafficking in illegal drugs. A person
 1402  who has been convicted of the first degree felony of trafficking
 1403  in illegal drugs under this subparagraph shall be punished by
 1404  life imprisonment and is ineligible for any form of
 1405  discretionary early release except pardon or executive clemency
 1406  or conditional medical release under s. 947.149. However, if the
 1407  court determines that, in addition to committing any act
 1408  specified in this paragraph:
 1409         a. The person intentionally killed an individual or
 1410  counseled, commanded, induced, procured, or caused the
 1411  intentional killing of an individual and such killing was the
 1412  result; or
 1413         b. The person’s conduct in committing that act led to a
 1414  natural, though not inevitable, lethal result,
 1415  
 1416  such person commits the capital felony of trafficking in illegal
 1417  drugs, punishable as provided in ss. 775.082 and 921.142. A
 1418  person sentenced for a capital felony under this paragraph shall
 1419  also be sentenced to pay the maximum fine provided under
 1420  subparagraph 1.
 1421         6.5. A person who knowingly brings into this state 60
 1422  kilograms or more of any morphine, opium, oxycodone,
 1423  hydrocodone, codeine, hydromorphone, or any salt, derivative,
 1424  isomer, or salt of an isomer thereof, including heroin, as
 1425  described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or
 1426  60 kilograms or more of any mixture containing any such
 1427  substance, and who knows that the probable result of such
 1428  importation would be the death of a person, commits capital
 1429  importation of illegal drugs, a capital felony punishable as
 1430  provided in ss. 775.082 and 921.142. A person sentenced for a
 1431  capital felony under this paragraph shall also be sentenced to
 1432  pay the maximum fine provided under subparagraph 1.
 1433         (d)1. Any person who knowingly sells, purchases,
 1434  manufactures, delivers, or brings into this state, or who is
 1435  knowingly in actual or constructive possession of, 28 grams or
 1436  more of phencyclidine, as described in s. 893.03(2)(b)23., a
 1437  substituted phenylcyclohexylamine, as described in s.
 1438  893.03(1)(c)195., or a substance described in s.
 1439  893.03(1)(c)13., 32., 38., 103., or 146., or of any mixture
 1440  containing phencyclidine, as described in s. 893.03(2)(b)23.
 1441  893.03(2)(b), a substituted phenylcyclohexylamine, as described
 1442  in s. 893.03(1)(c)195., or a substance described in s.
 1443  893.03(1)(c)13., 32., 38., 103., or 146., commits a felony of
 1444  the first degree, which felony shall be known as “trafficking in
 1445  phencyclidine,” punishable as provided in s. 775.082, s.
 1446  775.083, or s. 775.084. If the quantity involved:
 1447         a. Is 28 grams or more, but less than 200 grams, such
 1448  person shall be sentenced to a mandatory minimum term of
 1449  imprisonment of 3 years, and the defendant shall be ordered to
 1450  pay a fine of $50,000.
 1451         b. Is 200 grams or more, but less than 400 grams, such
 1452  person shall be sentenced to a mandatory minimum term of
 1453  imprisonment of 7 years, and the defendant shall be ordered to
 1454  pay a fine of $100,000.
 1455         c. Is 400 grams or more, such person shall be sentenced to
 1456  a mandatory minimum term of imprisonment of 15 calendar years
 1457  and pay a fine of $250,000.
 1458         2. Any person who knowingly brings into this state 800
 1459  grams or more of phencyclidine, as described in s.
 1460  893.03(2)(b)23., a substituted phenylcyclohexylamine, as
 1461  described in s. 893.03(1)(c)195., or a substance described in s.
 1462  893.03(1)(c)13., 32., 38., 103., or 146., or of any mixture
 1463  containing phencyclidine, as described in s. 893.03(2)(b)23.
 1464  893.03(2)(b), a substituted phenylcyclohexylamine, as described
 1465  in s. 893.03(1)(c)195., or a substance described in s.
 1466  893.03(1)(c)13., 32., 38., 103., or 146., and who knows that the
 1467  probable result of such importation would be the death of any
 1468  person commits capital importation of phencyclidine, a capital
 1469  felony punishable as provided in ss. 775.082 and 921.142. Any
 1470  person sentenced for a capital felony under this paragraph shall
 1471  also be sentenced to pay the maximum fine provided under
 1472  subparagraph 1.
 1473         (k)1. A person who knowingly sells, purchases,
 1474  manufactures, delivers, or brings into this state, or who is
 1475  knowingly in actual or constructive possession of, 10 grams or
 1476  more of a any of the following substances described in s.
 1477  893.03(1)(c):
 1478         a.Substance described in s. 893.03(1)(c)4., 5., 10., 11.,
 1479  15., 17., 21.–27., 29., 39., 40.–45., 58., 72.–80., 81.–86.,
 1480  90.-102., 104.–108., 110.-113., 143.-145., 148.-150., 160.–163.,
 1481  165., or 187.-189., a substituted cathinone, as described in s.
 1482  893.03(1)(c)191., or substituted phenethylamine, as described in
 1483  s. 893.03(1)(c)192.;
 1484         b.Mixture containing any substance described in sub
 1485  subparagraph a.; or
 1486         c.Salt, isomer, ester, or ether or salt of an isomer,
 1487  ester, or ether of a substance described in sub-subparagraph a.,
 1488         a.(MDMA) 3,4-Methylenedioxymethamphetamine;
 1489         b.DOB (4-Bromo-2,5-dimethoxyamphetamine);
 1490         c.2C-B (4-Bromo-2,5-dimethoxyphenethylamine);
 1491         d.2,5-Dimethoxyamphetamine;
 1492         e.DOET (4-Ethyl-2,5-dimethoxyamphetamine);
 1493         f.N-ethylamphetamine;
 1494         g.3,4-Methylenedioxy-N-hydroxyamphetamine;
 1495         h.5-Methoxy-3,4-methylenedioxyamphetamine;
 1496         i.PMA (4-methoxyamphetamine);
 1497         j.PMMA (4-methoxymethamphetamine);
 1498         k.DOM (4-Methyl-2,5-dimethoxyamphetamine);
 1499         l.MDEA (3,4-Methylenedioxy-N-ethylamphetamine);
 1500         m.MDA (3,4-Methylenedioxyamphetamine);
 1501         n.N,N-dimethylamphetamine;
 1502         o.3,4,5-Trimethoxyamphetamine;
 1503         p.Methylone (3,4-Methylenedioxymethcathinone);
 1504         q.MDPV (3,4-Methylenedioxypyrovalerone); or
 1505         r.Methylmethcathinone,
 1506  
 1507  individually or analogs thereto or isomers thereto or in any
 1508  combination of or any mixture containing any substance listed in
 1509  sub-subparagraphs a.-r., commits a felony of the first degree,
 1510  which felony shall be known as “trafficking in phenethylamines,”
 1511  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 1512         2. If the quantity involved under subparagraph 1.:
 1513         a. Is 10 grams or more, but less than 200 grams, such
 1514  person shall be sentenced to a mandatory minimum term of
 1515  imprisonment of 3 years and shall be ordered to pay a fine of
 1516  $50,000.
 1517         b. Is 200 grams or more, but less than 400 grams, such
 1518  person shall be sentenced to a mandatory minimum term of
 1519  imprisonment of 7 years and shall be ordered to pay a fine of
 1520  $100,000.
 1521         c. Is 400 grams or more, such person shall be sentenced to
 1522  a mandatory minimum term of imprisonment of 15 years and shall
 1523  be ordered to pay a fine of $250,000.
 1524         3. A person who knowingly manufactures or brings into this
 1525  state 30 kilograms or more of a substance described in sub
 1526  subparagraph 1.a., a mixture described in sub-subparagraph 1.b.,
 1527  or a salt, isomer, ester, or ether or a salt of an isomer,
 1528  ester, or ether described in sub-subparagraph 1.c., any of the
 1529  following substances described in s. 893.03(1)(c):
 1530         a.MDMA (3,4-Methylenedioxymethamphetamine);
 1531         b.DOB (4-Bromo-2,5-dimethoxyamphetamine);
 1532         c.2C-B (4-Bromo-2,5-dimethoxyphenethylamine);
 1533         d.2,5-Dimethoxyamphetamine;
 1534         e.DOET (4-Ethyl-2,5-dimethoxyamphetamine);
 1535         f.N-ethylamphetamine;
 1536         g.N-Hydroxy-3,4-methylenedioxyamphetamine;
 1537         h.5-Methoxy-3,4-methylenedioxyamphetamine;
 1538         i.PMA (4-methoxyamphetamine);
 1539         j.PMMA (4-methoxymethamphetamine);
 1540         k.DOM (4-Methyl-2,5-dimethoxyamphetamine);
 1541         l.MDEA (3,4-Methylenedioxy-N-ethylamphetamine);
 1542         m.MDA (3,4-Methylenedioxyamphetamine);
 1543         n.N,N-dimethylamphetamine;
 1544         o.3,4,5-Trimethoxyamphetamine;
 1545         p.Methylone (3,4-Methylenedioxymethcathinone);
 1546         q.MDPV (3,4-Methylenedioxypyrovalerone); or
 1547         r.Methylmethcathinone,
 1548  
 1549  individually or analogs thereto or isomers thereto or in any
 1550  combination of or any mixture containing any substance listed in
 1551  sub-subparagraphs a.-r., and who knows that the probable result
 1552  of such manufacture or importation would be the death of any
 1553  person commits capital manufacture or importation of
 1554  phenethylamines, a capital felony punishable as provided in ss.
 1555  775.082 and 921.142. A person sentenced for a capital felony
 1556  under this paragraph shall also be sentenced to pay the maximum
 1557  fine provided under subparagraph 2. 1.
 1558         (m)1.A person who knowingly sells, purchases,
 1559  manufactures, delivers, or brings into this state, or who is
 1560  knowingly in actual or constructive possession of, 280 grams or
 1561  more of a:
 1562         a.Substance described in s. 893.03(1)(c)30., 46.-50.,
 1563  114.-142., 151.-156., 166.-173., or 176.–186. or a synthetic
 1564  cannabinoid, as described in s. 893.03(1)(c)190.; or
 1565         b.Mixture containing any substance described in sub
 1566  subparagraph a.,
 1567  
 1568  commits a felony of the first degree, which felony shall be
 1569  known as “trafficking in synthetic cannabinoids,” punishable as
 1570  provided in s. 775.082, s. 775.083, or s. 775.084.
 1571         2.If the quantity involved under subparagraph 1.:
 1572         a.Is 280 grams or more, but less than 500 grams, such
 1573  person shall be sentenced to a mandatory minimum term of
 1574  imprisonment of 3 years, and the defendant shall be ordered to
 1575  pay a fine of $50,000.
 1576         b.Is 500 grams or more, but less than 1,000 grams, such
 1577  person shall be sentenced to a mandatory minimum term of
 1578  imprisonment of 7 years, and the defendant shall be ordered to
 1579  pay a fine of $100,000.
 1580         c.Is 1,000 grams or more, but less than 30 kilograms, such
 1581  person shall be sentenced to a mandatory minimum term of
 1582  imprisonment of 15 years, and the defendant shall be ordered to
 1583  pay a fine of $200,000.
 1584         d.Is 30 kilograms or more, such person shall be sentenced
 1585  to a mandatory minimum term of imprisonment of 25 years, and the
 1586  defendant shall be ordered to pay a fine of $750,000.
 1587         (n)1.A person who knowingly sells, purchases,
 1588  manufactures, delivers, or brings into this state, or who is
 1589  knowingly in actual or constructive possession of, 14 grams or
 1590  more of:
 1591         a.A substance described in s. 893.03(1)(c)164., 174., or
 1592  175., a n-benzyl phenethylamine compound, as described in s.
 1593  893.03(1)(c)193.; or
 1594         b.A mixture containing any substance described in sub
 1595  subparagraph a.,
 1596  
 1597  commits a felony of the first degree, which felony shall be
 1598  known as “trafficking in n-benzyl phenethylamines,” punishable
 1599  as provided in s. 775.082, s. 775.083, or s. 775.084.
 1600         2.If the quantity involved under subparagraph 1.:
 1601         a. Is 14 grams or more, but less than 100 grams, such
 1602  person shall be sentenced to a mandatory minimum term of
 1603  imprisonment of 3 years, and the defendant shall be ordered to
 1604  pay a fine of $50,000.
 1605         b.Is 100 grams or more, but less than 200 grams, such
 1606  person shall be sentenced to a mandatory minimum term of
 1607  imprisonment of 7 years, and the defendant shall be ordered to
 1608  pay a fine of $100,000.
 1609         c.Is 200 grams or more, such person shall be sentenced to
 1610  a mandatory minimum term of imprisonment of 15 years , and the
 1611  defendant shall be ordered to pay a fine of $500,000.
 1612         3.A person who knowingly manufactures or brings into this
 1613  state 400 grams or more of a substance described in sub
 1614  subparagraph 1.a. or a mixture described in sub-subparagraph
 1615  1.b., and who knows that the probable result of such manufacture
 1616  or importation would be the death of any person commits capital
 1617  manufacture or importation of a n-benzyl phenethylamine
 1618  compound, a capital felony punishable as provided in ss. 775.082
 1619  and 921.142. A person sentenced for a capital felony under this
 1620  paragraph shall also be sentenced to pay the maximum fine under
 1621  subparagraph 2.
 1622         (8) For an offense listed under this section committed on
 1623  or after October 1, 2017, which carries a mandatory minimum
 1624  sentence, a court may depart from the applicable mandatory
 1625  minimum sentence if, in giving due regard to the nature of the
 1626  crime, history, and character of the defendant, and the
 1627  defendant’s chances of successful rehabilitation, the court
 1628  finds compelling reasons on the record that imposition of the
 1629  mandatory minimum is not necessary for the protection of the
 1630  public. Each month, a court shall submit to the Office of
 1631  Economic and Demographic Research of the Legislature the written
 1632  reasons in each case in which the court departed from the
 1633  mandatory minimum sentence.
 1634         Section 7. For the purpose of incorporating the amendments
 1635  made by this act to sections 893.03, 893.13, and 893.135,
 1636  Florida Statutes, in references thereto, paragraphs (a), (b),
 1637  (c), (d), and (e) of subsection (3) of section 921.0022, Florida
 1638  Statutes, are reenacted, and paragraphs (g), (h), and (i) of
 1639  subsection (3) of that section are amended, to read:
 1640         921.0022 Criminal Punishment Code; offense severity ranking
 1641  chart.—
 1642         (3) OFFENSE SEVERITY RANKING CHART
 1643         (a) LEVEL 1
 1644  
 1645  FloridaStatute    FelonyDegree           Description            
 1646  24.118(3)(a)         3rd   Counterfeit or altered state lottery ticket.
 1647  212.054(2)(b)        3rd   Discretionary sales surtax; limitations, administration, and collection.
 1648  212.15(2)(b)         3rd   Failure to remit sales taxes, amount greater than $300 but less than $20,000.
 1649  316.1935(1)          3rd   Fleeing or attempting to elude law enforcement officer.
 1650  319.30(5)            3rd   Sell, exchange, give away certificate of title or identification number plate.
 1651  319.35(1)(a)         3rd   Tamper, adjust, change, etc., an odometer.
 1652  320.26(1)(a)         3rd   Counterfeit, manufacture, or sell registration license plates or validation stickers.
 1653  322.212 (1)(a)-(c)   3rd   Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification.
 1654  322.212(4)           3rd   Supply or aid in supplying unauthorized driver license or identification card.
 1655  322.212(5)(a)        3rd   False application for driver license or identification card.
 1656  414.39(3)(a)         3rd   Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
 1657  443.071(1)           3rd   False statement or representation to obtain or increase reemployment assistance benefits.
 1658  509.151(1)           3rd   Defraud an innkeeper, food or lodging value greater than $300.
 1659  517.302(1)           3rd   Violation of the Florida Securities and Investor Protection Act.
 1660  562.27(1)            3rd   Possess still or still apparatus. 
 1661  713.69               3rd   Tenant removes property upon which lien has accrued, value more than $50.
 1662  812.014(3)(c)        3rd   Petit theft (3rd conviction); theft of any property not specified in subsection (2).
 1663  812.081(2)           3rd   Unlawfully makes or causes to be made a reproduction of a trade secret.
 1664  815.04(5)(a)         3rd   Offense against intellectual property (i.e., computer programs, data).
 1665  817.52(2)            3rd   Hiring with intent to defraud, motor vehicle services.
 1666  817.569(2)           3rd   Use of public record or public records information or providing false information to facilitate commission of a felony.
 1667  826.01               3rd   Bigamy.                           
 1668  828.122(3)           3rd   Fighting or baiting animals.      
 1669  831.04(1)            3rd   Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
 1670  831.31(1)(a)         3rd   Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
 1671  832.041(1)           3rd   Stopping payment with intent to defraud $150 or more.
 1672  832.05(2)(b) & (4)(c)   3rd   Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more.
 1673  838.15(2)            3rd   Commercial bribe receiving.       
 1674  838.16               3rd   Commercial bribery.               
 1675  843.18               3rd   Fleeing by boat to elude a law enforcement officer.
 1676  847.011(1)(a)        3rd   Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
 1677  849.01               3rd   Keeping gambling house.           
 1678  849.09(1)(a)-(d)     3rd   Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery.
 1679  849.23               3rd   Gambling-related machines; “common offender” as to property rights.
 1680  849.25(2)            3rd   Engaging in bookmaking.           
 1681  860.08               3rd   Interfere with a railroad signal. 
 1682  860.13(1)(a)         3rd   Operate aircraft while under the influence.
 1683  893.13(2)(a)2.       3rd   Purchase of cannabis.             
 1684  893.13(6)(a)         3rd   Possession of cannabis (more than 20 grams).
 1685  934.03(1)(a)         3rd   Intercepts, or procures any other person to intercept, any wire or oral communication.
 1686         (b) LEVEL 2
 1687  
 1688  FloridaStatute    FelonyDegree           Description            
 1689  379.2431 (1)(e)3.    3rd   Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
 1690  379.2431 (1)(e)4.    3rd   Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
 1691  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.
 1692  517.07(2)            3rd   Failure to furnish a prospectus meeting requirements.
 1693  590.28(1)            3rd   Intentional burning of lands.     
 1694  784.05(3)            3rd   Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
 1695  787.04(1)            3rd   In violation of court order, take, entice, etc., minor beyond state limits.
 1696  806.13(1)(b)3.       3rd   Criminal mischief; damage $1,000 or more to public communication or any other public service.
 1697  810.061(2)           3rd   Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
 1698  810.09(2)(e)         3rd   Trespassing on posted commercial horticulture property.
 1699  812.014(2)(c)1.      3rd   Grand theft, 3rd degree; $300 or more but less than $5,000.
 1700  812.014(2)(d)        3rd   Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.
 1701  812.015(7)           3rd   Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
 1702  817.234(1)(a)2.      3rd   False statement in support of insurance claim.
 1703  817.481(3)(a)        3rd   Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
 1704  817.52(3)            3rd   Failure to redeliver hired vehicle.
 1705  817.54               3rd   With intent to defraud, obtain mortgage note, etc., by false representation.
 1706  817.60(5)            3rd   Dealing in credit cards of another.
 1707  817.60(6)(a)         3rd   Forgery; purchase goods, services with false card.
 1708  817.61               3rd   Fraudulent use of credit cards over $100 or more within 6 months.
 1709  826.04               3rd   Knowingly marries or has sexual intercourse with person to whom related.
 1710  831.01               3rd   Forgery.                          
 1711  831.02               3rd   Uttering forged instrument; utters or publishes alteration with intent to defraud.
 1712  831.07               3rd   Forging bank bills, checks, drafts, or promissory notes.
 1713  831.08               3rd   Possessing 10 or more forged notes, bills, checks, or drafts.
 1714  831.09               3rd   Uttering forged notes, bills, checks, drafts, or promissory notes.
 1715  831.11               3rd   Bringing into the state forged bank bills, checks, drafts, or notes.
 1716  832.05(3)(a)         3rd   Cashing or depositing item with intent to defraud.
 1717  843.08               3rd   False personation.                
 1718  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.
 1719  893.147(2)           3rd   Manufacture or delivery of drug paraphernalia.
 1720         (c) LEVEL 3
 1721  
 1722  FloridaStatute    FelonyDegree           Description            
 1723  119.10(2)(b)         3rd   Unlawful use of confidential information from police reports.
 1724  316.066 (3)(b)-(d)   3rd   Unlawfully obtaining or using confidential crash reports.
 1725  316.193(2)(b)        3rd   Felony DUI, 3rd conviction.       
 1726  316.1935(2)          3rd   Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
 1727  319.30(4)            3rd   Possession by junkyard of motor vehicle with identification number plate removed.
 1728  319.33(1)(a)         3rd   Alter or forge any certificate of title to a motor vehicle or mobile home.
 1729  319.33(1)(c)         3rd   Procure or pass title on stolen vehicle.
 1730  319.33(4)            3rd   With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
 1731  327.35(2)(b)         3rd   Felony BUI.                       
 1732  328.05(2)            3rd   Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
 1733  328.07(4)            3rd   Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
 1734  376.302(5)           3rd   Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
 1735  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.
 1736  379.2431 (1)(e)6.    3rd   Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
 1737  400.9935(4)(a) or (b)   3rd   Operating a clinic, or offering services requiring licensure, without a license.
 1738  400.9935(4)(e)       3rd   Filing a false license application or other required information or failing to report information.
 1739  440.1051(3)          3rd   False report of workers’ compensation fraud or retaliation for making such a report.
 1740  501.001(2)(b)        2nd   Tampers with a consumer product or the container using materially false/misleading information.
 1741  624.401(4)(a)        3rd   Transacting insurance without a certificate of authority.
 1742  624.401(4)(b)1.      3rd   Transacting insurance without a certificate of authority; premium collected less than $20,000.
 1743  626.902(1)(a) & (b)   3rd   Representing an unauthorized insurer.
 1744  697.08               3rd   Equity skimming.                  
 1745  790.15(3)            3rd   Person directs another to discharge firearm from a vehicle.
 1746  806.10(1)            3rd   Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
 1747  806.10(2)            3rd   Interferes with or assaults firefighter in performance of duty.
 1748  810.09(2)(c)         3rd   Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
 1749  812.014(2)(c)2.      3rd   Grand theft; $5,000 or more but less than $10,000.
 1750  812.0145(2)(c)       3rd   Theft from person 65 years of age or older; $300 or more but less than $10,000.
 1751  815.04(5)(b)         2nd   Computer offense devised to defraud or obtain property.
 1752  817.034(4)(a)3.      3rd   Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
 1753  817.233              3rd   Burning to defraud insurer.       
 1754  817.234 (8)(b) & (c)   3rd   Unlawful solicitation of persons involved in motor vehicle accidents.
 1755  817.234(11)(a)       3rd   Insurance fraud; property value less than $20,000.
 1756  817.236              3rd   Filing a false motor vehicle insurance application.
 1757  817.2361             3rd   Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
 1758  817.413(2)           3rd   Sale of used goods as new.        
 1759  817.505(4)           3rd   Patient brokering.                
 1760  828.12(2)            3rd   Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
 1761  831.28(2)(a)         3rd   Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
 1762  831.29               2nd   Possession of instruments for counterfeiting driver licenses or identification cards.
 1763  838.021(3)(b)        3rd   Threatens unlawful harm to public servant.
 1764  843.19               3rd   Injure, disable, or kill police dog or horse.
 1765  860.15(3)            3rd   Overcharging for repairs and parts.
 1766  870.01(2)            3rd   Riot; inciting or encouraging.    
 1767  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).
 1768  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.
 1769  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.
 1770  893.13(4)(c)         3rd   Use or hire of minor; deliver to minor other controlled substances.
 1771  893.13(6)(a)         3rd   Possession of any controlled substance other than felony possession of cannabis.
 1772  893.13(7)(a)8.       3rd   Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
 1773  893.13(7)(a)9.       3rd   Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
 1774  893.13(7)(a)10.      3rd   Affix false or forged label to package of controlled substance.
 1775  893.13(7)(a)11.      3rd   Furnish false or fraudulent material information on any document or record required by chapter 893.
 1776  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.
 1777  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.
 1778  893.13(8)(a)3.       3rd   Knowingly write a prescription for a controlled substance for a fictitious person.
 1779  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.
 1780  918.13(1)(a)         3rd   Alter, destroy, or conceal investigation evidence.
 1781  944.47 (1)(a)1. & 2.   3rd   Introduce contraband to correctional facility.
 1782  944.47(1)(c)         2nd   Possess contraband while upon the grounds of a correctional institution.
 1783  985.721              3rd   Escapes from a juvenile facility (secure detention or residential commitment facility).
 1784         (d) LEVEL 4
 1785  
 1786  FloridaStatute    FelonyDegree           Description            
 1787  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.
 1788  499.0051(1)          3rd   Failure to maintain or deliver transaction history, transaction information, or transaction statements.
 1789  499.0051(5)          2nd   Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
 1790  517.07(1)            3rd   Failure to register securities.   
 1791  517.12(1)            3rd   Failure of dealer, associated person, or issuer of securities to register.
 1792  784.07(2)(b)         3rd   Battery of law enforcement officer, firefighter, etc.
 1793  784.074(1)(c)        3rd   Battery of sexually violent predators facility staff.
 1794  784.075              3rd   Battery on detention or commitment facility staff.
 1795  784.078              3rd   Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
 1796  784.08(2)(c)         3rd   Battery on a person 65 years of age or older.
 1797  784.081(3)           3rd   Battery on specified official or employee.
 1798  784.082(3)           3rd   Battery by detained person on visitor or other detainee.
 1799  784.083(3)           3rd   Battery on code inspector.        
 1800  784.085              3rd   Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
 1801  787.03(1)            3rd   Interference with custody; wrongly takes minor from appointed guardian.
 1802  787.04(2)            3rd   Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
 1803  787.04(3)            3rd   Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
 1804  787.07               3rd   Human smuggling.                  
 1805  790.115(1)           3rd   Exhibiting firearm or weapon within 1,000 feet of a school.
 1806  790.115(2)(b)        3rd   Possessing electric weapon or device, destructive device, or other weapon on school property.
 1807  790.115(2)(c)        3rd   Possessing firearm on school property.
 1808  800.04(7)(c)         3rd   Lewd or lascivious exhibition; offender less than 18 years.
 1809  810.02(4)(a)         3rd   Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
 1810  810.02(4)(b)         3rd   Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
 1811  810.06               3rd   Burglary; possession of tools.    
 1812  810.08(2)(c)         3rd   Trespass on property, armed with firearm or dangerous weapon.
 1813  812.014(2)(c)3.      3rd   Grand theft, 3rd degree $10,000 or more but less than $20,000.
 1814  812.014 (2)(c)4.-10.   3rd   Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
 1815  812.0195(2)          3rd   Dealing in stolen property by use of the Internet; property stolen $300 or more.
 1816  817.563(1)           3rd   Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
 1817  817.568(2)(a)        3rd   Fraudulent use of personal identification information.
 1818  817.625(2)(a)        3rd   Fraudulent use of scanning device or reencoder.
 1819  828.125(1)           2nd   Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
 1820  837.02(1)            3rd   Perjury in official proceedings.  
 1821  837.021(1)           3rd   Make contradictory statements in official proceedings.
 1822  838.022              3rd   Official misconduct.              
 1823  839.13(2)(a)         3rd   Falsifying records of an individual in the care and custody of a state agency.
 1824  839.13(2)(c)         3rd   Falsifying records of the Department of Children and Families.
 1825  843.021              3rd   Possession of a concealed handcuff key by a person in custody.
 1826  843.025              3rd   Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
 1827  843.15(1)(a)         3rd   Failure to appear while on bail for felony (bond estreature or bond jumping).
 1828  847.0135(5)(c)       3rd   Lewd or lascivious exhibition using computer; offender less than 18 years.
 1829  874.05(1)(a)         3rd   Encouraging or recruiting another to join a criminal gang.
 1830  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).
 1831  914.14(2)            3rd   Witnesses accepting bribes.       
 1832  914.22(1)            3rd   Force, threaten, etc., witness, victim, or informant.
 1833  914.23(2)            3rd   Retaliation against a witness, victim, or informant, no bodily injury.
 1834  918.12               3rd   Tampering with jurors.            
 1835  934.215              3rd   Use of two-way communications device to facilitate commission of a crime.
 1836         (e) LEVEL 5
 1837  
 1838  FloridaStatute    FelonyDegree           Description            
 1839  316.027(2)(a)        3rd   Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
 1840  316.1935(4)(a)       2nd   Aggravated fleeing or eluding.    
 1841  316.80(2)            2nd   Unlawful conveyance of fuel; obtaining fuel fraudulently.
 1842  322.34(6)            3rd   Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
 1843  327.30(5)            3rd   Vessel accidents involving personal injury; leaving scene.
 1844  379.365(2)(c)1.      3rd   Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked.
 1845  379.367(4)           3rd   Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
 1846  379.407(5)(b)3.      3rd   Possession of 100 or more undersized spiny lobsters.
 1847  381.0041(11)(b)      3rd   Donate blood, plasma, or organs knowing HIV positive.
 1848  440.10(1)(g)         2nd   Failure to obtain workers’ compensation coverage.
 1849  440.105(5)           2nd   Unlawful solicitation for the purpose of making workers’ compensation claims.
 1850  440.381(2)           2nd   Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
 1851  624.401(4)(b)2.      2nd   Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
 1852  626.902(1)(c)        2nd   Representing an unauthorized insurer; repeat offender.
 1853  790.01(2)            3rd   Carrying a concealed firearm.     
 1854  790.162              2nd   Threat to throw or discharge destructive device.
 1855  790.163(1)           2nd   False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
 1856  790.221(1)           2nd   Possession of short-barreled shotgun or machine gun.
 1857  790.23               2nd   Felons in possession of firearms, ammunition, or electronic weapons or devices.
 1858  796.05(1)            2nd   Live on earnings of a prostitute; 1st offense.
 1859  800.04(6)(c)         3rd   Lewd or lascivious conduct; offender less than 18 years of age.
 1860  800.04(7)(b)         2nd   Lewd or lascivious exhibition; offender 18 years of age or older.
 1861  806.111(1)           3rd   Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
 1862  812.0145(2)(b)       2nd   Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
 1863  812.015(8)           3rd   Retail theft; property stolen is valued at $300 or more and one or more specified acts.
 1864  812.019(1)           2nd   Stolen property; dealing in or trafficking in.
 1865  812.131(2)(b)        3rd   Robbery by sudden snatching.      
 1866  812.16(2)            3rd   Owning, operating, or conducting a chop shop.
 1867  817.034(4)(a)2.      2nd   Communications fraud, value $20,000 to $50,000.
 1868  817.234(11)(b)       2nd   Insurance fraud; property value $20,000 or more but less than $100,000.
 1869  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.
 1870  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.
 1871  817.611(2)(a)        2nd   Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
 1872  817.625(2)(b)        2nd   Second or subsequent fraudulent use of scanning device or reencoder.
 1873  825.1025(4)          3rd   Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
 1874  827.071(4)           2nd   Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
 1875  827.071(5)           3rd   Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
 1876  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.
 1877  843.01               3rd   Resist officer with violence to person; resist arrest with violence.
 1878  847.0135(5)(b)       2nd   Lewd or lascivious exhibition using computer; offender 18 years or older.
 1879  847.0137 (2) & (3)   3rd   Transmission of pornography by electronic device or equipment.
 1880  847.0138 (2) & (3)   3rd   Transmission of material harmful to minors to a minor by electronic device or equipment.
 1881  874.05(1)(b)         2nd   Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
 1882  874.05(2)(a)         2nd   Encouraging or recruiting person under 13 years of age to join a criminal gang.
 1883  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).
 1884  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.
 1885  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.
 1886  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.
 1887  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.
 1888  893.13(4)(b)         2nd   Use or hire of minor; deliver to minor other controlled substance.
 1889  893.1351(1)          3rd   Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
 1890         (g) LEVEL 7
 1891  
 1892  FloridaStatute    FelonyDegree           Description            
 1893  316.027(2)(c)        1st   Accident involving death, failure to stop; leaving scene.
 1894  316.193(3)(c)2.      3rd   DUI resulting in serious bodily injury.
 1895  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.
 1896  327.35(3)(c)2.       3rd   Vessel BUI resulting in serious bodily injury.
 1897  402.319(2)           2nd   Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
 1898  409.920 (2)(b)1.a.   3rd   Medicaid provider fraud; $10,000 or less.
 1899  409.920 (2)(b)1.b.   2nd   Medicaid provider fraud; more than $10,000, but less than $50,000.
 1900  456.065(2)           3rd   Practicing a health care profession without a license.
 1901  456.065(2)           2nd   Practicing a health care profession without a license which results in serious bodily injury.
 1902  458.327(1)           3rd   Practicing medicine without a license.
 1903  459.013(1)           3rd   Practicing osteopathic medicine without a license.
 1904  460.411(1)           3rd   Practicing chiropractic medicine without a license.
 1905  461.012(1)           3rd   Practicing podiatric medicine without a license.
 1906  462.17               3rd   Practicing naturopathy without a license.
 1907  463.015(1)           3rd   Practicing optometry without a license.
 1908  464.016(1)           3rd   Practicing nursing without a license.
 1909  465.015(2)           3rd   Practicing pharmacy without a license.
 1910  466.026(1)           3rd   Practicing dentistry or dental hygiene without a license.
 1911  467.201              3rd   Practicing midwifery without a license.
 1912  468.366              3rd   Delivering respiratory care services without a license.
 1913  483.828(1)           3rd   Practicing as clinical laboratory personnel without a license.
 1914  483.901(7)           3rd   Practicing medical physics without a license.
 1915  484.013(1)(c)        3rd   Preparing or dispensing optical devices without a prescription.
 1916  484.053              3rd   Dispensing hearing aids without a license.
 1917  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.
 1918  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.
 1919  560.125(5)(a)        3rd   Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
 1920  655.50(10)(b)1.      3rd   Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
 1921  775.21(10)(a)        3rd   Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
 1922  775.21(10)(b)        3rd   Sexual predator working where children regularly congregate.
 1923  775.21(10)(g)        3rd   Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
 1924  782.051(3)           2nd   Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
 1925  782.07(1)            2nd   Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
 1926  782.071              2nd   Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
 1927  782.072              2nd   Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
 1928  784.045(1)(a)1.      2nd   Aggravated battery; intentionally causing great bodily harm or disfigurement.
 1929  784.045(1)(a)2.      2nd   Aggravated battery; using deadly weapon.
 1930  784.045(1)(b)        2nd   Aggravated battery; perpetrator aware victim pregnant.
 1931  784.048(4)           3rd   Aggravated stalking; violation of injunction or court order.
 1932  784.048(7)           3rd   Aggravated stalking; violation of court order.
 1933  784.07(2)(d)         1st   Aggravated battery on law enforcement officer.
 1934  784.074(1)(a)        1st   Aggravated battery on sexually violent predators facility staff.
 1935  784.08(2)(a)         1st   Aggravated battery on a person 65 years of age or older.
 1936  784.081(1)           1st   Aggravated battery on specified official or employee.
 1937  784.082(1)           1st   Aggravated battery by detained person on visitor or other detainee.
 1938  784.083(1)           1st   Aggravated battery on code inspector.
 1939  787.06(3)(a)2.       1st   Human trafficking using coercion for labor and services of an adult.
 1940  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.
 1941  790.07(4)            1st   Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
 1942  790.16(1)            1st   Discharge of a machine gun under specified circumstances.
 1943  790.165(2)           2nd   Manufacture, sell, possess, or deliver hoax bomb.
 1944  790.165(3)           2nd   Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
 1945  790.166(3)           2nd   Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
 1946  790.166(4)           2nd   Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
 1947  790.23             1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
 1948  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.
 1949  796.05(1)            1st   Live on earnings of a prostitute; 2nd offense.
 1950  796.05(1)            1st   Live on earnings of a prostitute; 3rd and subsequent offense.
 1951  800.04(5)(c)1.       2nd   Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
 1952  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.
 1953  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.
 1954  806.01(2)            2nd   Maliciously damage structure by fire or explosive.
 1955  810.02(3)(a)         2nd   Burglary of occupied dwelling; unarmed; no assault or battery.
 1956  810.02(3)(b)         2nd   Burglary of unoccupied dwelling; unarmed; no assault or battery.
 1957  810.02(3)(d)         2nd   Burglary of occupied conveyance; unarmed; no assault or battery.
 1958  810.02(3)(e)         2nd   Burglary of authorized emergency vehicle.
 1959  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.
 1960  812.014(2)(b)2.      2nd   Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
 1961  812.014(2)(b)3.      2nd   Property stolen, emergency medical equipment; 2nd degree grand theft.
 1962  812.014(2)(b)4.      2nd   Property stolen, law enforcement equipment from authorized emergency vehicle.
 1963  812.0145(2)(a)       1st   Theft from person 65 years of age or older; $50,000 or more.
 1964  812.019(2)           1st   Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
 1965  812.131(2)(a)        2nd   Robbery by sudden snatching.      
 1966  812.133(2)(b)        1st   Carjacking; no firearm, deadly weapon, or other weapon.
 1967  817.034(4)(a)1.      1st   Communications fraud, value greater than $50,000.
 1968  817.234(8)(a)        2nd   Solicitation of motor vehicle accident victims with intent to defraud.
 1969  817.234(9)           2nd   Organizing, planning, or participating in an intentional motor vehicle collision.
 1970  817.234(11)(c)       1st   Insurance fraud; property value $100,000 or more.
 1971  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.
 1972  817.535(2)(a)        3rd   Filing false lien or other unauthorized document.
 1973  817.611(2)(b)        2nd   Traffic in or possess 15 to 49 counterfeit credit cards or related documents.
 1974  825.102(3)(b)        2nd   Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
 1975  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.
 1976  827.03(2)(b)         2nd   Neglect of a child causing great bodily harm, disability, or disfigurement.
 1977  827.04(3)            3rd   Impregnation of a child under 16 years of age by person 21 years of age or older.
 1978  837.05(2)            3rd   Giving false information about alleged capital felony to a law enforcement officer.
 1979  838.015              2nd   Bribery.                          
 1980  838.016              2nd   Unlawful compensation or reward for official behavior.
 1981  838.021(3)(a)        2nd   Unlawful harm to a public servant.
 1982  838.22               2nd   Bid tampering.                    
 1983  843.0855(2)          3rd   Impersonation of a public officer or employee.
 1984  843.0855(3)          3rd   Unlawful simulation of legal process.
 1985  843.0855(4)          3rd   Intimidation of a public officer or employee.
 1986  847.0135(3)          3rd   Solicitation of a child, via a computer service, to commit an unlawful sex act.
 1987  847.0135(4)          2nd   Traveling to meet a minor to commit an unlawful sex act.
 1988  872.06               2nd   Abuse of a dead human body.       
 1989  874.05(2)(b)         1st   Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
 1990  874.10             1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
 1991  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.
 1992  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.
 1993  893.13(4)(a)         1st   Use or hire of minor; deliver to minor other controlled substance.
 1994  893.135(1)(a)1.      1st   Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
 1995  893.135 (1)(b)1.a.   1st   Trafficking in cocaine, more than 28 grams, less than 200 grams.
 1996  893.135 (1)(c)1.a.   1st   Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
 1997  893.135 (1)(c)2.a.   1st   Trafficking in hydrocodone, 14 grams or more, less than 28 grams.
 1998  893.135 (1)(c)2.b.   1st   Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
 1999  893.135 (1)(c)3.a.   1st   Trafficking in oxycodone, 7 grams or more, less than 14 grams.
 2000  893.135 (1)(c)3.b.   1st   Trafficking in oxycodone, 14 grams or more, less than 25 grams.
 2001  893.135(1)(c)4.b.(I)   1st   Trafficking in fentanyl, 4 grams or more, less than 14 grams.
 2002  893.135(1)(d)1.a. 893.135(1)(d)1.   1st   Trafficking in phencyclidine, more than 28 grams or more, less than 200 grams.
 2003  893.135(1)(e)1.      1st   Trafficking in methaqualone, more than 200 grams or more, less than 5 kilograms.
 2004  893.135(1)(f)1.      1st   Trafficking in amphetamine, more than 14 grams or more, less than 28 grams.
 2005  893.135 (1)(g)1.a.   1st   Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
 2006  893.135 (1)(h)1.a.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
 2007  893.135 (1)(j)1.a.   1st   Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
 2008  893.135 (1)(k)2.a.   1st   Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
 2009  893.135(1)(m)2.a.     1st   Trafficking in synthetic cannabinoids, 280 grams or more, less than 500 grams.
 2010  893.135(1)(m)2.b.     1st   Trafficking in synthetic cannabinoids, 500 grams or more, less than 1,000 grams.
 2011  893.135(1)(n)2.a.     1st   Trafficking in n-benzyl phenethylamines, 14 grams or more, less than 100 grams.
 2012  893.1351(2)          2nd   Possession of place for trafficking in or manufacturing of controlled substance.
 2013  896.101(5)(a)        3rd   Money laundering, financial transactions exceeding $300 but less than $20,000.
 2014  896.104(4)(a)1.      3rd   Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
 2015  943.0435(4)(c)       2nd   Sexual offender vacating permanent residence; failure to comply with reporting requirements.
 2016  943.0435(8)          2nd   Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
 2017  943.0435(9)(a)       3rd   Sexual offender; failure to comply with reporting requirements.
 2018  943.0435(13)         3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 2019  943.0435(14)         3rd   Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 2020  944.607(9)           3rd   Sexual offender; failure to comply with reporting requirements.
 2021  944.607(10)(a)       3rd   Sexual offender; failure to submit to the taking of a digitized photograph.
 2022  944.607(12)          3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 2023  944.607(13)          3rd   Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 2024  985.4815(10)         3rd   Sexual offender; failure to submit to the taking of a digitized photograph.
 2025  985.4815(12)         3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 2026  985.4815(13)         3rd   Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 2027         (h) LEVEL 8
 2028  
 2029  FloridaStatute    FelonyDegree           Description            
 2030  316.193 (3)(c)3.a.   2nd   DUI manslaughter.                 
 2031  316.1935(4)(b)       1st   Aggravated fleeing or attempted eluding with serious bodily injury or death.
 2032  327.35(3)(c)3.       2nd   Vessel BUI manslaughter.          
 2033  499.0051(7)          1st   Knowing trafficking in contraband prescription drugs.
 2034  499.0051(8)          1st   Knowing forgery of prescription labels or prescription drug labels.
 2035  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.
 2036  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.
 2037  655.50(10)(b)2.      2nd   Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
 2038  777.03(2)(a)         1st   Accessory after the fact, capital felony.
 2039  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.
 2040  782.051(2)           1st   Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
 2041  782.071(1)(b)        1st   Committing vehicular homicide and failing to render aid or give information.
 2042  782.072(2)           1st   Committing vessel homicide and failing to render aid or give information.
 2043  787.06(3)(a)1.       1st   Human trafficking for labor and services of a child.
 2044  787.06(3)(b)         1st   Human trafficking using coercion for commercial sexual activity of an adult.
 2045  787.06(3)(c)2.       1st   Human trafficking using coercion for labor and services of an unauthorized alien adult.
 2046  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.
 2047  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.
 2048  790.161(3)           1st   Discharging a destructive device which results in bodily harm or property damage.
 2049  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.
 2050  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.
 2051  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.
 2052  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.
 2053  794.08(3)            2nd   Female genital mutilation, removal of a victim younger than 18 years of age from this state.
 2054  800.04(4)(b)         2nd   Lewd or lascivious battery.       
 2055  800.04(4)(c)         1st   Lewd or lascivious battery; offender 18 years of age or older; prior conviction for specified sex offense.
 2056  806.01(1)            1st   Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
 2057  810.02(2)(a)       1st,PBL Burglary with assault or battery. 
 2058  810.02(2)(b)       1st,PBL Burglary; armed with explosives or dangerous weapon.
 2059  810.02(2)(c)         1st   Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
 2060  812.014(2)(a)2.      1st   Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
 2061  812.13(2)(b)         1st   Robbery with a weapon.            
 2062  812.135(2)(c)        1st   Home-invasion robbery, no firearm, deadly weapon, or other weapon.
 2063  817.535(2)(b)        2nd   Filing false lien or other unauthorized document; second or subsequent offense.
 2064  817.535(3)(a)        2nd   Filing false lien or other unauthorized document; property owner is a public officer or employee.
 2065  817.535(4)(a)1.      2nd   Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
 2066  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.
 2067  817.568(6)           2nd   Fraudulent use of personal identification information of an individual under the age of 18.
 2068  817.611(2)(c)        1st   Traffic in or possess 50 or more counterfeit credit cards or related documents.
 2069  825.102(2)           1st   Aggravated abuse of an elderly person or disabled adult.
 2070  825.1025(2)          2nd   Lewd or lascivious battery upon an elderly person or disabled adult.
 2071  825.103(3)(a)        1st   Exploiting an elderly person or disabled adult and property is valued at $50,000 or more.
 2072  837.02(2)            2nd   Perjury in official proceedings relating to prosecution of a capital felony.
 2073  837.021(2)           2nd   Making contradictory statements in official proceedings relating to prosecution of a capital felony.
 2074  860.121(2)(c)        1st   Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
 2075  860.16               1st   Aircraft piracy.                  
 2076  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).
 2077  893.13(2)(b)         1st   Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
 2078  893.13(6)(c)         1st   Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
 2079  893.135(1)(a)2.      1st   Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
 2080  893.135 (1)(b)1.b.   1st   Trafficking in cocaine, more than 200 grams, less than 400 grams.
 2081  893.135 (1)(c)1.b.   1st   Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
 2082  893.135 (1)(c)2.c.   1st   Trafficking in hydrocodone, 50 grams or more, less than 200 grams.
 2083  893.135 (1)(c)3.c.   1st   Trafficking in oxycodone, 25 grams or more, less than 100 grams.
 2084  893.135(1)(c)4.b.(II)   1st   Trafficking in fentanyl, 14 grams or more, less than 28 grams.
 2085  893.135 (1)(d)1.b.   1st   Trafficking in phencyclidine, more than 200 grams or more, less than 400 grams.
 2086  893.135 (1)(e)1.b.   1st   Trafficking in methaqualone, more than 5 kilograms or more, less than 25 kilograms.
 2087  893.135 (1)(f)1.b.   1st   Trafficking in amphetamine, more than 28 grams or more, less than 200 grams.
 2088  893.135 (1)(g)1.b.   1st   Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
 2089  893.135 (1)(h)1.b.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
 2090  893.135 (1)(j)1.b.   1st   Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
 2091  893.135 (1)(k)2.b.   1st   Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
 2092  893.135(1)(m)2.c.1st   Trafficking in synthetic cannabinoids, 1,000 grams or more, less than 30 kilograms.
 2093  893.135(1)(n)2.b.     1st   Trafficking in n-benzyl phenethylamines, 100 grams or more, less than 200 grams.
 2094  893.1351(3)          1st   Possession of a place used to manufacture controlled substance when minor is present or resides there.
 2095  895.03(1)            1st   Use or invest proceeds derived from pattern of racketeering activity.
 2096  895.03(2)            1st   Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
 2097  895.03(3)            1st   Conduct or participate in any enterprise through pattern of racketeering activity.
 2098  896.101(5)(b)        2nd   Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
 2099  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.
 2100         (i) LEVEL 9
 2101  
 2102  FloridaStatute    FelonyDegree           Description            
 2103  316.193 (3)(c)3.b.   1st   DUI manslaughter; failing to render aid or give information.
 2104  327.35 (3)(c)3.b.    1st   BUI manslaughter; failing to render aid or give information.
 2105  409.920 (2)(b)1.c.   1st   Medicaid provider fraud; $50,000 or more.
 2106  499.0051(8)          1st   Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
 2107  560.123(8)(b)3.      1st   Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
 2108  560.125(5)(c)        1st   Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
 2109  655.50(10)(b)3.      1st   Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
 2110  775.0844             1st   Aggravated white collar crime.    
 2111  782.04(1)            1st   Attempt, conspire, or solicit to commit premeditated murder.
 2112  782.04(3)          1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, aggravated fleeing or eluding with serious bodily injury or death, and other specified felonies.
 2113  782.051(1)           1st   Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
 2114  782.07(2)            1st   Aggravated manslaughter of an elderly person or disabled adult.
 2115  787.01(1)(a)1.     1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
 2116  787.01(1)(a)2.     1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
 2117  787.01(1)(a)4.     1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
 2118  787.02(3)(a)       1st,PBL False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
 2119  787.06(3)(c)1.       1st   Human trafficking for labor and services of an unauthorized alien child.
 2120  787.06(3)(d)         1st   Human trafficking using coercion for commercial sexual activity of an unauthorized adult alien.
 2121  787.06(3)(f)1.     1st,PBL Human trafficking for commercial sexual activity by the transfer or transport of any child from outside Florida to within the state.
 2122  790.161              1st   Attempted capital destructive device offense.
 2123  790.166(2)         1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
 2124  794.011(2)           1st   Attempted sexual battery; victim less than 12 years of age.
 2125  794.011(2)          Life   Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
 2126  794.011(4)(a)      1st,PBL Sexual battery, certain circumstances; victim 12 years of age or older but younger than 18 years; offender 18 years or older.
 2127  794.011(4)(b)        1st   Sexual battery, certain circumstances; victim and offender 18 years of age or older.
 2128  794.011(4)(c)        1st   Sexual battery, certain circumstances; victim 12 years of age or older; offender younger than 18 years.
 2129  794.011(4)(d)      1st,PBL Sexual battery, certain circumstances; victim 12 years of age or older; prior conviction for specified sex offenses.
 2130  794.011(8)(b)      1st,PBL Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
 2131  794.08(2)            1st   Female genital mutilation; victim younger than 18 years of age.
 2132  800.04(5)(b)        Life   Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
 2133  812.13(2)(a)       1st,PBL Robbery with firearm or other deadly weapon.
 2134  812.133(2)(a)      1st,PBL Carjacking; firearm or other deadly weapon.
 2135  812.135(2)(b)        1st   Home-invasion robbery with weapon.
 2136  817.535(3)(b)        1st   Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee.
 2137  817.535(4)(a)2.      1st   Filing false claim or other unauthorized document; defendant is incarcerated or under supervision.
 2138  817.535(5)(b)        1st   Filing false lien or other unauthorized document; second or subsequent offense; owner of the property incurs financial loss as a result of the false instrument.
 2139  817.568(7)         2nd,PBL Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
 2140  827.03(2)(a)         1st   Aggravated child abuse.           
 2141  847.0145(1)          1st   Selling, or otherwise transferring custody or control, of a minor.
 2142  847.0145(2)          1st   Purchasing, or otherwise obtaining custody or control, of a minor.
 2143  859.01               1st   Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
 2144  893.135              1st   Attempted capital trafficking offense.
 2145  893.135(1)(a)3.      1st   Trafficking in cannabis, more than 10,000 lbs.
 2146  893.135 (1)(b)1.c.   1st   Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
 2147  893.135 (1)(c)1.c.   1st   Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
 2148  893.135 (1)(c)2.d.   1st   Trafficking in hydrocodone, 200 grams or more, less than 30 kilograms.
 2149  893.135 (1)(c)3.d.   1st   Trafficking in oxycodone, 100 grams or more, less than 30 kilograms.
 2150  893.135(1)(c)4.b.(III)   1st   Trafficking in fentanyl, 28 grams or more.
 2151  893.135 (1)(d)1.c.   1st   Trafficking in phencyclidine, more than 400 grams or more.
 2152  893.135 (1)(e)1.c.   1st   Trafficking in methaqualone, more than 25 kilograms or more.
 2153  893.135 (1)(f)1.c.   1st   Trafficking in amphetamine, more than 200 grams or more.
 2154  893.135 (1)(h)1.c.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
 2155  893.135 (1)(j)1.c.   1st   Trafficking in 1,4-Butanediol, 10 kilograms or more.
 2156  893.135 (1)(k)2.c.   1st   Trafficking in Phenethylamines, 400 grams or more.
 2157  893.135(1)(m)2.d.   1st   Trafficking in synthetic cannabinoids, 30 kilograms or more.
 2158  893.135(1)(n)2.c.     1st   Trafficking in n-benzyl phenethylamines, 200 grams or more.
 2159  896.101(5)(c)        1st   Money laundering, financial instruments totaling or exceeding $100,000.
 2160  896.104(4)(a)3.      1st   Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
 2161         Section 8. Present subsection (11) of section 775.082,
 2162  Florida Statutes, is redesignated as subsection (12), and a new
 2163  subsection (11) is added to that section, to read:
 2164         775.082 Penalties; applicability of sentencing structures;
 2165  mandatory minimum sentences for certain reoffenders previously
 2166  released from prison.—
 2167         (11) If a defendant is sentenced for a primary offense of
 2168  possession of a controlled substance committed on or after
 2169  October 1, 2017, and if the total sentence points pursuant to s.
 2170  921.0024 are 60 points or fewer, the court must sentence the
 2171  offender to a nonstate prison sanction. However, if the court
 2172  makes written findings that a nonstate prison sanction could
 2173  present a danger to the public, the court may sentence the
 2174  offender to a state correctional facility pursuant to this
 2175  section. As used in this subsection, the term “possession of a
 2176  controlled substance” means possession of a controlled substance
 2177  in violation of s. 893.13, but does not include possession with
 2178  intent to sell, manufacture, or deliver a controlled substance
 2179  or possession of a controlled substance in violation of s.
 2180  893.135.
 2181         Section 9. Section 921.0026, Florida Statutes, is amended
 2182  to read:
 2183         921.0026 Mitigating circumstances.—This section applies to
 2184  any felony offense, except any capital felony, committed on or
 2185  after October 1, 1998.
 2186         (1) A downward departure from the lowest permissible
 2187  sentence, as calculated according to the total sentence points
 2188  pursuant to s. 921.0024, is prohibited unless there are
 2189  circumstances or factors that reasonably justify the downward
 2190  departure. Mitigating factors to be considered include, but are
 2191  not limited to, those listed in subsection (2). The imposition
 2192  of a sentence below the lowest permissible sentence is subject
 2193  to appellate review under chapter 924, but the extent of
 2194  downward departure is not subject to appellate review.
 2195         (2) Mitigating circumstances under which a departure from
 2196  the lowest permissible sentence is reasonably justified include,
 2197  but are not limited to:
 2198         (a) The departure results from a legitimate, uncoerced plea
 2199  bargain.
 2200         (b) The defendant was an accomplice to the offense and was
 2201  a relatively minor participant in the criminal conduct.
 2202         (c) The capacity of the defendant to appreciate the
 2203  criminal nature of the conduct or to conform that conduct to the
 2204  requirements of law was substantially impaired.
 2205         (d) For an offense committed on or after October 1, 1998,
 2206  but before October 1, 2017, the defendant requires specialized
 2207  treatment for a mental disorder that is unrelated to substance
 2208  abuse or addiction or for a physical disability, and the
 2209  defendant is amenable to treatment.
 2210         (e) For an offense committed on or after October 1, 2017,
 2211  the defendant requires specialized treatment for an addiction, a
 2212  mental disorder, or a physical disability, and the defendant is
 2213  amenable to treatment.
 2214         (f)(e) The need for payment of restitution to the victim
 2215  outweighs the need for a prison sentence.
 2216         (g)(f) The victim was an initiator, willing participant,
 2217  aggressor, or provoker of the incident.
 2218         (h)(g) The defendant acted under extreme duress or under
 2219  the domination of another person.
 2220         (i)(h) Before the identity of the defendant was determined,
 2221  the victim was substantially compensated.
 2222         (j)(i) The defendant cooperated with the state to resolve
 2223  the current offense or any other offense.
 2224         (k)(j) The offense was committed in an unsophisticated
 2225  manner and was an isolated incident for which the defendant has
 2226  shown remorse.
 2227         (l)(k) At the time of the offense the defendant was too
 2228  young to appreciate the consequences of the offense.
 2229         (m)(l) The defendant is to be sentenced as a youthful
 2230  offender.
 2231         (n)(m) The defendant’s offense is a nonviolent felony, the
 2232  defendant’s Criminal Punishment Code scoresheet total sentence
 2233  points under s. 921.0024 are 60 points or fewer, and the court
 2234  determines that the defendant is amenable to the services of a
 2235  postadjudicatory treatment-based drug court program and is
 2236  otherwise qualified to participate in the program as part of the
 2237  sentence. Except as provided in this paragraph, the defendant’s
 2238  substance abuse or addiction, including intoxication at the time
 2239  of the offense, is not a mitigating factor for an offense
 2240  committed on or after October 1, 1998, but before October 1,
 2241  2017, and does not, under any circumstance, justify a downward
 2242  departure from the permissible sentencing range For purposes of
 2243  this paragraph, the term “nonviolent felony” has the same
 2244  meaning as provided in s. 948.08(6).
 2245         (o)(n) The defendant was making a good faith effort to
 2246  obtain or provide medical assistance for an individual
 2247  experiencing a drug-related overdose.
 2248         (3) As used in subsection (2), the term “nonviolent felony”
 2249  has the same meaning as provided in s. 948.08 Except as provided
 2250  in paragraph (2)(m), the defendant’s substance abuse or
 2251  addiction, including intoxication at the time of the offense, is
 2252  not a mitigating factor under subsection (2) and does not, under
 2253  any circumstances, justify a downward departure from the
 2254  permissible sentencing range.
 2255         Section 10. Subsection (7) of section 948.01, Florida
 2256  Statutes, is amended to read:
 2257         948.01 When court may place defendant on probation or into
 2258  community control.—
 2259         (7)(a) Notwithstanding s. 921.0024 and effective for
 2260  offenses committed on or after July 1, 2009, the sentencing
 2261  court may place the defendant into a postadjudicatory treatment
 2262  based drug court program if the defendant’s Criminal Punishment
 2263  Code scoresheet total sentence points under s. 921.0024 are 60
 2264  points or fewer, the offense is a nonviolent felony, the
 2265  defendant is amenable to substance abuse treatment, and the
 2266  defendant otherwise qualifies under s. 397.334(3). The
 2267  satisfactory completion of the program shall be a condition of
 2268  the defendant’s probation or community control. As used in this
 2269  subsection, the term “nonviolent felony” means a third degree
 2270  felony violation under chapter 810 or any other felony offense
 2271  that is not a forcible felony as defined in s. 776.08.
 2272         (b) Notwithstanding s. 921.0024 and effective for offenses
 2273  committed on or after October 1, 2017, the sentencing court must
 2274  place the defendant into a postadjudicatory treatment-based drug
 2275  court program, into residential drug treatment, or on drug
 2276  offender probation if the defendant’s Criminal Punishment Code
 2277  scoresheet total sentence points under s. 921.0024 are 60 points
 2278  or fewer, the offense is a nonviolent felony, the defendant is
 2279  amenable to substance abuse treatment, the defendant’s criminal
 2280  behavior is related to substance abuse or addiction, and the
 2281  defendant otherwise qualifies under s. 397.334(3). The
 2282  satisfactory completion of the program must be a condition of
 2283  the defendant’s probation or community control.
 2284         (c)(b)In order to be placed in a postadjudicatory
 2285  treatment-based drug court program under paragraph (a) or
 2286  paragraph (b), the defendant must be fully advised of the
 2287  purpose of the program, and the defendant must agree to enter
 2288  the program. The original sentencing court shall relinquish
 2289  jurisdiction of the defendant’s case to the postadjudicatory
 2290  drug court program until the defendant is no longer active in
 2291  the program, the case is returned to the sentencing court due to
 2292  the defendant’s termination from the program for failure to
 2293  comply with the terms thereof, or the defendant’s sentence is
 2294  completed.
 2295         (d) As used in this subsection, the term “nonviolent
 2296  felony” means a third degree felony violation under chapter 810
 2297  or any other felony offense that is not a forcible felony as
 2298  defined in s. 776.08.
 2299         Section 11. For the purpose of incorporating the amendment
 2300  made by this act to section 921.0026, Florida Statutes, in
 2301  references thereto, paragraphs (b) and (c) of subsection (1) of
 2302  section 775.08435, Florida Statutes, are reenacted to read:
 2303         775.08435 Prohibition on withholding adjudication in felony
 2304  cases.—
 2305         (1) Notwithstanding the provisions of s. 948.01, the court
 2306  may not withhold adjudication of guilt upon the defendant for:
 2307         (b) A second degree felony offense unless:
 2308         1. The state attorney requests in writing that adjudication
 2309  be withheld; or
 2310         2. The court makes written findings that the withholding of
 2311  adjudication is reasonably justified based on circumstances or
 2312  factors in accordance with those set forth in s. 921.0026.
 2313  
 2314  Notwithstanding any provision of this section, no adjudication
 2315  of guilt shall be withheld for a second degree felony offense if
 2316  the defendant has a prior withholding of adjudication for a
 2317  felony that did not arise from the same transaction as the
 2318  current felony offense.
 2319         (c) A third degree felony offense if the defendant has a
 2320  prior withholding of adjudication for a felony offense that did
 2321  not arise from the same transaction as the current felony
 2322  offense unless:
 2323         1. The state attorney requests in writing that adjudication
 2324  be withheld; or
 2325         2. The court makes written findings that the withholding of
 2326  adjudication is reasonably justified based on circumstances or
 2327  factors in accordance with those set forth in s. 921.0026.
 2328  
 2329  Notwithstanding any provision of this section, no adjudication
 2330  of guilt shall be withheld for a third degree felony offense if
 2331  the defendant has two or more prior withholdings of adjudication
 2332  for a felony that did not arise from the same transaction as the
 2333  current felony offense.
 2334         Section 12. For the purpose of incorporating the amendment
 2335  made by this act to section 921.0026, Florida Statutes, in a
 2336  reference thereto, subsection (3) of section 921.002, Florida
 2337  Statutes, is reenacted to read:
 2338         921.002 The Criminal Punishment Code.—The Criminal
 2339  Punishment Code shall apply to all felony offenses, except
 2340  capital felonies, committed on or after October 1, 1998.
 2341         (3) A court may impose a departure below the lowest
 2342  permissible sentence based upon circumstances or factors that
 2343  reasonably justify the mitigation of the sentence in accordance
 2344  with s. 921.0026. The level of proof necessary to establish
 2345  facts supporting the mitigation of a sentence is a preponderance
 2346  of the evidence. When multiple reasons exist to support the
 2347  mitigation, the mitigation shall be upheld when at least one
 2348  circumstance or factor justifies the mitigation regardless of
 2349  the presence of other circumstances or factors found not to
 2350  justify mitigation. Any sentence imposed below the lowest
 2351  permissible sentence must be explained in writing by the trial
 2352  court judge.
 2353         Section 13. For the purpose of incorporating the amendment
 2354  made by this act to section 921.0026, Florida Statutes, in a
 2355  reference thereto, subsection (1) of section 921.00265, Florida
 2356  Statutes, is reenacted to read:
 2357         921.00265 Recommended sentences; departure sentences;
 2358  mandatory minimum sentences.—This section applies to any felony
 2359  offense, except any capital felony, committed on or after
 2360  October 1, 1998.
 2361         (1) The lowest permissible sentence provided by
 2362  calculations from the total sentence points pursuant to s.
 2363  921.0024(2) is assumed to be the lowest appropriate sentence for
 2364  the offender being sentenced. A departure sentence is prohibited
 2365  unless there are mitigating circumstances or factors present as
 2366  provided in s. 921.0026 which reasonably justify a departure.
 2367         Section 14. For the purpose of incorporating the amendment
 2368  made by this act to section 948.01, Florida Statutes, in
 2369  references thereto, subsection (2) and paragraph (a) of
 2370  subsection (4) of section 394.47892, Florida Statutes, are
 2371  reenacted to read:
 2372         394.47892 Mental health court programs.—
 2373         (2) Mental health court programs may include pretrial
 2374  intervention programs as provided in ss. 948.08, 948.16, and
 2375  985.345, postadjudicatory mental health court programs as
 2376  provided in ss. 948.01 and 948.06, and review of the status of
 2377  compliance or noncompliance of sentenced defendants through a
 2378  mental health court program.
 2379         (4)(a) Entry into a postadjudicatory mental health court
 2380  program as a condition of probation or community control
 2381  pursuant to s. 948.01 or s. 948.06 must be based upon the
 2382  sentencing court’s assessment of the defendant’s criminal
 2383  history, mental health screening outcome, amenability to the
 2384  services of the program, and total sentence points; the
 2385  recommendation of the state attorney and the victim, if any; and
 2386  the defendant’s agreement to enter the program.
 2387         Section 15. For the purpose of incorporating the amendment
 2388  made by this act to section 948.01, Florida Statutes, in
 2389  references thereto, paragraph (a) of subsection (3) and
 2390  subsection (5) of section 397.334, Florida Statutes, are
 2391  reenacted to read:
 2392         397.334 Treatment-based drug court programs.—
 2393         (3)(a) Entry into any postadjudicatory treatment-based drug
 2394  court program as a condition of probation or community control
 2395  pursuant to s. 948.01, s. 948.06, or s. 948.20 must be based
 2396  upon the sentencing court’s assessment of the defendant’s
 2397  criminal history, substance abuse screening outcome, amenability
 2398  to the services of the program, total sentence points, the
 2399  recommendation of the state attorney and the victim, if any, and
 2400  the defendant’s agreement to enter the program.
 2401         (5) Treatment-based drug court programs may include
 2402  pretrial intervention programs as provided in ss. 948.08,
 2403  948.16, and 985.345, treatment-based drug court programs
 2404  authorized in chapter 39, postadjudicatory programs as provided
 2405  in ss. 948.01, 948.06, and 948.20, and review of the status of
 2406  compliance or noncompliance of sentenced offenders through a
 2407  treatment-based drug court program. While enrolled in a
 2408  treatment-based drug court program, the participant is subject
 2409  to a coordinated strategy developed by a drug court team under
 2410  subsection (4). The coordinated strategy may include a protocol
 2411  of sanctions that may be imposed upon the participant for
 2412  noncompliance with program rules. The protocol of sanctions may
 2413  include, but is not limited to, placement in a substance abuse
 2414  treatment program offered by a licensed service provider as
 2415  defined in s. 397.311 or in a jail-based treatment program or
 2416  serving a period of secure detention under chapter 985 if a
 2417  child or a period of incarceration within the time limits
 2418  established for contempt of court if an adult. The coordinated
 2419  strategy must be provided in writing to the participant before
 2420  the participant agrees to enter into a treatment-based drug
 2421  court program.
 2422         Section 16. For the purpose of incorporating the amendment
 2423  made by this act to section 948.01, Florida Statutes, in a
 2424  reference thereto, paragraph (a) of subsection (5) of section
 2425  910.035, Florida Statutes, is reenacted to read:
 2426         910.035 Transfer from county for plea, sentence, or
 2427  participation in a problem-solving court.—
 2428         (5) TRANSFER FOR PARTICIPATION IN A PROBLEM-SOLVING COURT.—
 2429         (a) For purposes of this subsection, the term “problem
 2430  solving court” means a drug court pursuant to s. 948.01, s.
 2431  948.06, s. 948.08, s. 948.16, or s. 948.20; a military veterans’
 2432  and servicemembers’ court pursuant to s. 394.47891, s. 948.08,
 2433  s. 948.16, or s. 948.21; a mental health court program pursuant
 2434  to s. 394.47892, s. 948.01, s. 948.06, s. 948.08, or s. 948.16;
 2435  or a delinquency pretrial intervention court program pursuant to
 2436  s. 985.345.
 2437         Section 17. For the purpose of incorporating the amendment
 2438  made by this act to section 948.01, Florida Statutes, in a
 2439  reference thereto, paragraph (c) of subsection (1) of section
 2440  921.187, Florida Statutes, is reenacted to read:
 2441         921.187 Disposition and sentencing; alternatives;
 2442  restitution.—
 2443         (1) The alternatives provided in this section for the
 2444  disposition of criminal cases shall be used in a manner that
 2445  will best serve the needs of society, punish criminal offenders,
 2446  and provide the opportunity for rehabilitation. If the offender
 2447  does not receive a state prison sentence, the court may:
 2448         (c) Place the offender on probation with or without an
 2449  adjudication of guilt pursuant to s. 948.01.
 2450         Section 18. For the purpose of incorporating the amendment
 2451  made by this act to section 948.01, Florida Statutes, in a
 2452  reference thereto, section 943.04352, Florida Statutes, is
 2453  reenacted to read:
 2454         943.04352 Search of registration information regarding
 2455  sexual predators and sexual offenders required when placement on
 2456  misdemeanor probation.—When the court places a defendant on
 2457  misdemeanor probation pursuant to ss. 948.01 and 948.15, the
 2458  public or private entity providing probation services must
 2459  conduct a search of the probationer’s name or other identifying
 2460  information against the registration information regarding
 2461  sexual predators and sexual offenders maintained by the
 2462  Department of Law Enforcement under s. 943.043. The probation
 2463  services provider may conduct the search using the Internet site
 2464  maintained by the Department of Law Enforcement. Also, a
 2465  national search must be conducted through the Dru Sjodin
 2466  National Sex Offender Public Website maintained by the United
 2467  States Department of Justice.
 2468         Section 19. For the purpose of incorporating the amendment
 2469  made by this act to section 782.04, Florida Statutes, in a
 2470  reference thereto, paragraph (d) of subsection (1) of section
 2471  39.806, Florida Statutes, is reenacted to read:
 2472         39.806 Grounds for termination of parental rights.—
 2473         (1) Grounds for the termination of parental rights may be
 2474  established under any of the following circumstances:
 2475         (d) When the parent of a child is incarcerated and either:
 2476         1. The period of time for which the parent is expected to
 2477  be incarcerated will constitute a significant portion of the
 2478  child’s minority. When determining whether the period of time is
 2479  significant, the court shall consider the child’s age and the
 2480  child’s need for a permanent and stable home. The period of time
 2481  begins on the date that the parent enters into incarceration;
 2482         2. The incarcerated parent has been determined by the court
 2483  to be a violent career criminal as defined in s. 775.084, a
 2484  habitual violent felony offender as defined in s. 775.084, or a
 2485  sexual predator as defined in s. 775.21; has been convicted of
 2486  first degree or second degree murder in violation of s. 782.04
 2487  or a sexual battery that constitutes a capital, life, or first
 2488  degree felony violation of s. 794.011; or has been convicted of
 2489  an offense in another jurisdiction which is substantially
 2490  similar to one of the offenses listed in this paragraph. As used
 2491  in this section, the term “substantially similar offense” means
 2492  any offense that is substantially similar in elements and
 2493  penalties to one of those listed in this subparagraph, and that
 2494  is in violation of a law of any other jurisdiction, whether that
 2495  of another state, the District of Columbia, the United States or
 2496  any possession or territory thereof, or any foreign
 2497  jurisdiction; or
 2498         3. The court determines by clear and convincing evidence
 2499  that continuing the parental relationship with the incarcerated
 2500  parent would be harmful to the child and, for this reason, that
 2501  termination of the parental rights of the incarcerated parent is
 2502  in the best interest of the child. When determining harm, the
 2503  court shall consider the following factors:
 2504         a. The age of the child.
 2505         b. The relationship between the child and the parent.
 2506         c. The nature of the parent’s current and past provision
 2507  for the child’s developmental, cognitive, psychological, and
 2508  physical needs.
 2509         d. The parent’s history of criminal behavior, which may
 2510  include the frequency of incarceration and the unavailability of
 2511  the parent to the child due to incarceration.
 2512         e. Any other factor the court deems relevant.
 2513         Section 20. For the purpose of incorporating the amendment
 2514  made by this act to section 782.04, Florida Statutes, in a
 2515  reference thereto, paragraph (b) of subsection (4) of section
 2516  63.089, Florida Statutes, is reenacted to read:
 2517         63.089 Proceeding to terminate parental rights pending
 2518  adoption; hearing; grounds; dismissal of petition; judgment.—
 2519         (4) FINDING OF ABANDONMENT.—A finding of abandonment
 2520  resulting in a termination of parental rights must be based upon
 2521  clear and convincing evidence that a parent or person having
 2522  legal custody has abandoned the child in accordance with the
 2523  definition contained in s. 63.032. A finding of abandonment may
 2524  also be based upon emotional abuse or a refusal to provide
 2525  reasonable financial support, when able, to a birth mother
 2526  during her pregnancy or on whether the person alleged to have
 2527  abandoned the child, while being able, failed to establish
 2528  contact with the child or accept responsibility for the child’s
 2529  welfare.
 2530         (b) The child has been abandoned when the parent of a child
 2531  is incarcerated on or after October 1, 2001, in a federal,
 2532  state, or county correctional institution and:
 2533         1. The period of time for which the parent has been or is
 2534  expected to be incarcerated will constitute a significant
 2535  portion of the child’s minority. In determining whether the
 2536  period of time is significant, the court shall consider the
 2537  child’s age and the child’s need for a permanent and stable
 2538  home. The period of time begins on the date that the parent
 2539  enters into incarceration;
 2540         2. The incarcerated parent has been determined by a court
 2541  of competent jurisdiction to be a violent career criminal as
 2542  defined in s. 775.084, a habitual violent felony offender as
 2543  defined in s. 775.084, convicted of child abuse as defined in s.
 2544  827.03, or a sexual predator as defined in s. 775.21; has been
 2545  convicted of first degree or second degree murder in violation
 2546  of s. 782.04 or a sexual battery that constitutes a capital,
 2547  life, or first degree felony violation of s. 794.011; or has
 2548  been convicted of a substantially similar offense in another
 2549  jurisdiction. As used in this section, the term “substantially
 2550  similar offense” means any offense that is substantially similar
 2551  in elements and penalties to one of those listed in this
 2552  subparagraph, and that is in violation of a law of any other
 2553  jurisdiction, whether that of another state, the District of
 2554  Columbia, the United States or any possession or territory
 2555  thereof, or any foreign jurisdiction; or
 2556         3. The court determines by clear and convincing evidence
 2557  that continuing the parental relationship with the incarcerated
 2558  parent would be harmful to the child and, for this reason,
 2559  termination of the parental rights of the incarcerated parent is
 2560  in the best interests of the child.
 2561         Section 21. For the purpose of incorporating the amendment
 2562  made by this act to section 782.04, Florida Statutes, in a
 2563  reference thereto, subsection (10) of section 95.11, Florida
 2564  Statutes, is reenacted to read:
 2565         95.11 Limitations other than for the recovery of real
 2566  property.—Actions other than for recovery of real property shall
 2567  be commenced as follows:
 2568         (10) FOR INTENTIONAL TORTS RESULTING IN DEATH FROM ACTS
 2569  DESCRIBED IN S. 782.04 OR S. 782.07.—Notwithstanding paragraph
 2570  (4)(d), an action for wrongful death seeking damages authorized
 2571  under s. 768.21 brought against a natural person for an
 2572  intentional tort resulting in death from acts described in s.
 2573  782.04 or s. 782.07 may be commenced at any time. This
 2574  subsection shall not be construed to require an arrest, the
 2575  filing of formal criminal charges, or a conviction for a
 2576  violation of s. 782.04 or s. 782.07 as a condition for filing a
 2577  civil action.
 2578         Section 22. For the purpose of incorporating the amendment
 2579  made by this act to section 782.04, Florida Statutes, in
 2580  references thereto, paragraph (b) of subsection (1) and
 2581  paragraphs (a), (b), and (c) of subsection (3) of section
 2582  775.082, Florida Statutes, are reenacted to read:
 2583         775.082 Penalties; applicability of sentencing structures;
 2584  mandatory minimum sentences for certain reoffenders previously
 2585  released from prison.—
 2586         (1)
 2587         (b)1. A person who actually killed, intended to kill, or
 2588  attempted to kill the victim and who is convicted under s.
 2589  782.04 of a capital felony, or an offense that was reclassified
 2590  as a capital felony, which was committed before the person
 2591  attained 18 years of age shall be punished by a term of
 2592  imprisonment for life if, after a sentencing hearing conducted
 2593  by the court in accordance with s. 921.1401, the court finds
 2594  that life imprisonment is an appropriate sentence. If the court
 2595  finds that life imprisonment is not an appropriate sentence,
 2596  such person shall be punished by a term of imprisonment of at
 2597  least 40 years. A person sentenced pursuant to this subparagraph
 2598  is entitled to a review of his or her sentence in accordance
 2599  with s. 921.1402(2)(a).
 2600         2. A person who did not actually kill, intend to kill, or
 2601  attempt to kill the victim and who is convicted under s. 782.04
 2602  of a capital felony, or an offense that was reclassified as a
 2603  capital felony, which was committed before the person attained
 2604  18 years of age may be punished by a term of imprisonment for
 2605  life or by a term of years equal to life if, after a sentencing
 2606  hearing conducted by the court in accordance with s. 921.1401,
 2607  the court finds that life imprisonment is an appropriate
 2608  sentence. A person who is sentenced to a term of imprisonment of
 2609  more than 15 years is entitled to a review of his or her
 2610  sentence in accordance with s. 921.1402(2)(c).
 2611         3. The court shall make a written finding as to whether a
 2612  person is eligible for a sentence review hearing under s.
 2613  921.1402(2)(a) or (c). Such a finding shall be based upon
 2614  whether the person actually killed, intended to kill, or
 2615  attempted to kill the victim. The court may find that multiple
 2616  defendants killed, intended to kill, or attempted to kill the
 2617  victim.
 2618         (3) A person who has been convicted of any other designated
 2619  felony may be punished as follows:
 2620         (a)1. For a life felony committed before October 1, 1983,
 2621  by a term of imprisonment for life or for a term of at least 30
 2622  years.
 2623         2. For a life felony committed on or after October 1, 1983,
 2624  by a term of imprisonment for life or by a term of imprisonment
 2625  not exceeding 40 years.
 2626         3. Except as provided in subparagraph 4., for a life felony
 2627  committed on or after July 1, 1995, by a term of imprisonment
 2628  for life or by imprisonment for a term of years not exceeding
 2629  life imprisonment.
 2630         4.a. Except as provided in sub-subparagraph b., for a life
 2631  felony committed on or after September 1, 2005, which is a
 2632  violation of s. 800.04(5)(b), by:
 2633         (I) A term of imprisonment for life; or
 2634         (II) A split sentence that is a term of at least 25 years’
 2635  imprisonment and not exceeding life imprisonment, followed by
 2636  probation or community control for the remainder of the person’s
 2637  natural life, as provided in s. 948.012(4).
 2638         b. For a life felony committed on or after July 1, 2008,
 2639  which is a person’s second or subsequent violation of s.
 2640  800.04(5)(b), by a term of imprisonment for life.
 2641         5. Notwithstanding subparagraphs 1.-4., a person who is
 2642  convicted under s. 782.04 of an offense that was reclassified as
 2643  a life felony which was committed before the person attained 18
 2644  years of age may be punished by a term of imprisonment for life
 2645  or by a term of years equal to life imprisonment if the judge
 2646  conducts a sentencing hearing in accordance with s. 921.1401 and
 2647  finds that life imprisonment or a term of years equal to life
 2648  imprisonment is an appropriate sentence.
 2649         a. A person who actually killed, intended to kill, or
 2650  attempted to kill the victim and is sentenced to a term of
 2651  imprisonment of more than 25 years is entitled to a review of
 2652  his or her sentence in accordance with s. 921.1402(2)(b).
 2653         b. A person who did not actually kill, intend to kill, or
 2654  attempt to kill the victim and is sentenced to a term of
 2655  imprisonment of more than 15 years is entitled to a review of
 2656  his or her sentence in accordance with s. 921.1402(2)(c).
 2657         c. The court shall make a written finding as to whether a
 2658  person is eligible for a sentence review hearing under s.
 2659  921.1402(2)(b) or (c). Such a finding shall be based upon
 2660  whether the person actually killed, intended to kill, or
 2661  attempted to kill the victim. The court may find that multiple
 2662  defendants killed, intended to kill, or attempted to kill the
 2663  victim.
 2664         6. For a life felony committed on or after October 1, 2014,
 2665  which is a violation of s. 787.06(3)(g), by a term of
 2666  imprisonment for life.
 2667         (b)1. For a felony of the first degree, by a term of
 2668  imprisonment not exceeding 30 years or, when specifically
 2669  provided by statute, by imprisonment for a term of years not
 2670  exceeding life imprisonment.
 2671         2. Notwithstanding subparagraph 1., a person convicted
 2672  under s. 782.04 of a first degree felony punishable by a term of
 2673  years not exceeding life imprisonment, or an offense that was
 2674  reclassified as a first degree felony punishable by a term of
 2675  years not exceeding life, which was committed before the person
 2676  attained 18 years of age may be punished by a term of years
 2677  equal to life imprisonment if the judge conducts a sentencing
 2678  hearing in accordance with s. 921.1401 and finds that a term of
 2679  years equal to life imprisonment is an appropriate sentence.
 2680         a. A person who actually killed, intended to kill, or
 2681  attempted to kill the victim and is sentenced to a term of
 2682  imprisonment of more than 25 years is entitled to a review of
 2683  his or her sentence in accordance with s. 921.1402(2)(b).
 2684         b. A person who did not actually kill, intend to kill, or
 2685  attempt to kill the victim and is sentenced to a term of
 2686  imprisonment of more than 15 years is entitled to a review of
 2687  his or her sentence in accordance with s. 921.1402(2)(c).
 2688         c. The court shall make a written finding as to whether a
 2689  person is eligible for a sentence review hearing under s.
 2690  921.1402(2)(b) or (c). Such a finding shall be based upon
 2691  whether the person actually killed, intended to kill, or
 2692  attempted to kill the victim. The court may find that multiple
 2693  defendants killed, intended to kill, or attempted to kill the
 2694  victim.
 2695         (c) Notwithstanding paragraphs (a) and (b), a person
 2696  convicted of an offense that is not included in s. 782.04 but
 2697  that is an offense that is a life felony or is punishable by a
 2698  term of imprisonment for life or by a term of years not
 2699  exceeding life imprisonment, or an offense that was reclassified
 2700  as a life felony or an offense punishable by a term of
 2701  imprisonment for life or by a term of years not exceeding life
 2702  imprisonment, which was committed before the person attained 18
 2703  years of age may be punished by a term of imprisonment for life
 2704  or a term of years equal to life imprisonment if the judge
 2705  conducts a sentencing hearing in accordance with s. 921.1401 and
 2706  finds that life imprisonment or a term of years equal to life
 2707  imprisonment is an appropriate sentence. A person who is
 2708  sentenced to a term of imprisonment of more than 20 years is
 2709  entitled to a review of his or her sentence in accordance with
 2710  s. 921.1402(2)(d).
 2711         Section 23. For the purpose of incorporating the amendment
 2712  made by this act to section 782.04, Florida Statutes, in
 2713  references thereto, subsections (1) and (2) of section 775.0823,
 2714  Florida Statutes, are reenacted to read:
 2715         775.0823 Violent offenses committed against law enforcement
 2716  officers, correctional officers, state attorneys, assistant
 2717  state attorneys, justices, or judges.—The Legislature does
 2718  hereby provide for an increase and certainty of penalty for any
 2719  person convicted of a violent offense against any law
 2720  enforcement or correctional officer, as defined in s. 943.10(1),
 2721  (2), (3), (6), (7), (8), or (9); against any state attorney
 2722  elected pursuant to s. 27.01 or assistant state attorney
 2723  appointed under s. 27.181; or against any justice or judge of a
 2724  court described in Art. V of the State Constitution, which
 2725  offense arises out of or in the scope of the officer’s duty as a
 2726  law enforcement or correctional officer, the state attorney’s or
 2727  assistant state attorney’s duty as a prosecutor or investigator,
 2728  or the justice’s or judge’s duty as a judicial officer, as
 2729  follows:
 2730         (1) For murder in the first degree as described in s.
 2731  782.04(1), if the death sentence is not imposed, a sentence of
 2732  imprisonment for life without eligibility for release.
 2733         (2) For attempted murder in the first degree as described
 2734  in s. 782.04(1), a sentence pursuant to s. 775.082, s. 775.083,
 2735  or s. 775.084.
 2736  
 2737  Notwithstanding the provisions of s. 948.01, with respect to any
 2738  person who is found to have violated this section, adjudication
 2739  of guilt or imposition of sentence shall not be suspended,
 2740  deferred, or withheld.
 2741         Section 24. For the purpose of incorporating the amendment
 2742  made by this act to section 782.04, Florida Statutes, in a
 2743  reference thereto, subsection (1) of section 921.16, Florida
 2744  Statutes, is reenacted to read:
 2745         921.16 When sentences to be concurrent and when
 2746  consecutive.—
 2747         (1) A defendant convicted of two or more offenses charged
 2748  in the same indictment, information, or affidavit or in
 2749  consolidated indictments, informations, or affidavits shall
 2750  serve the sentences of imprisonment concurrently unless the
 2751  court directs that two or more of the sentences be served
 2752  consecutively. Sentences of imprisonment for offenses not
 2753  charged in the same indictment, information, or affidavit shall
 2754  be served consecutively unless the court directs that two or
 2755  more of the sentences be served concurrently. Any sentence for
 2756  sexual battery as defined in chapter 794 or murder as defined in
 2757  s. 782.04 must be imposed consecutively to any other sentence
 2758  for sexual battery or murder which arose out of a separate
 2759  criminal episode or transaction.
 2760         Section 25. For the purpose of incorporating the amendment
 2761  made by this act to section 782.04, Florida Statutes, in a
 2762  reference thereto, paragraph (c) of subsection (8) of section
 2763  948.06, Florida Statutes, is reenacted to read:
 2764         948.06 Violation of probation or community control;
 2765  revocation; modification; continuance; failure to pay
 2766  restitution or cost of supervision.—
 2767         (8)
 2768         (c) For purposes of this section, the term “qualifying
 2769  offense” means any of the following:
 2770         1. Kidnapping or attempted kidnapping under s. 787.01,
 2771  false imprisonment of a child under the age of 13 under s.
 2772  787.02(3), or luring or enticing a child under s. 787.025(2)(b)
 2773  or (c).
 2774         2. Murder or attempted murder under s. 782.04, attempted
 2775  felony murder under s. 782.051, or manslaughter under s. 782.07.
 2776         3. Aggravated battery or attempted aggravated battery under
 2777  s. 784.045.
 2778         4. Sexual battery or attempted sexual battery under s.
 2779  794.011(2), (3), (4), or (8)(b) or (c).
 2780         5. Lewd or lascivious battery or attempted lewd or
 2781  lascivious battery under s. 800.04(4), lewd or lascivious
 2782  molestation under s. 800.04(5)(b) or (c)2., lewd or lascivious
 2783  conduct under s. 800.04(6)(b), lewd or lascivious exhibition
 2784  under s. 800.04(7)(b), or lewd or lascivious exhibition on
 2785  computer under s. 847.0135(5)(b).
 2786         6. Robbery or attempted robbery under s. 812.13, carjacking
 2787  or attempted carjacking under s. 812.133, or home invasion
 2788  robbery or attempted home invasion robbery under s. 812.135.
 2789         7. Lewd or lascivious offense upon or in the presence of an
 2790  elderly or disabled person or attempted lewd or lascivious
 2791  offense upon or in the presence of an elderly or disabled person
 2792  under s. 825.1025.
 2793         8. Sexual performance by a child or attempted sexual
 2794  performance by a child under s. 827.071.
 2795         9. Computer pornography under s. 847.0135(2) or (3),
 2796  transmission of child pornography under s. 847.0137, or selling
 2797  or buying of minors under s. 847.0145.
 2798         10. Poisoning food or water under s. 859.01.
 2799         11. Abuse of a dead human body under s. 872.06.
 2800         12. Any burglary offense or attempted burglary offense that
 2801  is either a first degree felony or second degree felony under s.
 2802  810.02(2) or (3).
 2803         13. Arson or attempted arson under s. 806.01(1).
 2804         14. Aggravated assault under s. 784.021.
 2805         15. Aggravated stalking under s. 784.048(3), (4), (5), or
 2806  (7).
 2807         16. Aircraft piracy under s. 860.16.
 2808         17. Unlawful throwing, placing, or discharging of a
 2809  destructive device or bomb under s. 790.161(2), (3), or (4).
 2810         18. Treason under s. 876.32.
 2811         19. Any offense committed in another jurisdiction which
 2812  would be an offense listed in this paragraph if that offense had
 2813  been committed in this state.
 2814         Section 26. For the purpose of incorporating the amendment
 2815  made by this act to section 782.04, Florida Statutes, in a
 2816  reference thereto, paragraph (a) of subsection (1) of section
 2817  948.062, Florida Statutes, is reenacted to read:
 2818         948.062 Reviewing and reporting serious offenses committed
 2819  by offenders placed on probation or community control.—
 2820         (1) The department shall review the circumstances related
 2821  to an offender placed on probation or community control who has
 2822  been arrested while on supervision for the following offenses:
 2823         (a) Any murder as provided in s. 782.04;
 2824         Section 27. For the purpose of incorporating the amendment
 2825  made by this act to section 782.04, Florida Statutes, in a
 2826  reference thereto, paragraph (b) of subsection (3) of section
 2827  985.265, Florida Statutes, is reenacted to read:
 2828         985.265 Detention transfer and release; education; adult
 2829  jails.—
 2830         (3)
 2831         (b) When a juvenile is released from secure detention or
 2832  transferred to nonsecure detention, detention staff shall
 2833  immediately notify the appropriate law enforcement agency,
 2834  school personnel, and victim if the juvenile is charged with
 2835  committing any of the following offenses or attempting to commit
 2836  any of the following offenses:
 2837         1. Murder, under s. 782.04;
 2838         2. Sexual battery, under chapter 794;
 2839         3. Stalking, under s. 784.048; or
 2840         4. Domestic violence, as defined in s. 741.28.
 2841         Section 28. For the purpose of incorporating the amendment
 2842  made by this act to section 782.04, Florida Statutes, in a
 2843  reference thereto, paragraph (d) of subsection (1) of section
 2844  1012.315, Florida Statutes, is reenacted to read:
 2845         1012.315 Disqualification from employment.—A person is
 2846  ineligible for educator certification, and instructional
 2847  personnel and school administrators, as defined in s. 1012.01,
 2848  are ineligible for employment in any position that requires
 2849  direct contact with students in a district school system,
 2850  charter school, or private school that accepts scholarship
 2851  students under s. 1002.39 or s. 1002.395, if the person,
 2852  instructional personnel, or school administrator has been
 2853  convicted of:
 2854         (1) Any felony offense prohibited under any of the
 2855  following statutes:
 2856         (d) Section 782.04, relating to murder.
 2857         Section 29. For the purpose of incorporating the amendment
 2858  made by this act to section 782.04, Florida Statutes, in a
 2859  reference thereto, paragraph (g) of subsection (2) of section
 2860  1012.467, Florida Statutes, is reenacted to read:
 2861         1012.467 Noninstructional contractors who are permitted
 2862  access to school grounds when students are present; background
 2863  screening requirements.—
 2864         (2)
 2865         (g) A noninstructional contractor for whom a criminal
 2866  history check is required under this section may not have been
 2867  convicted of any of the following offenses designated in the
 2868  Florida Statutes, any similar offense in another jurisdiction,
 2869  or any similar offense committed in this state which has been
 2870  redesignated from a former provision of the Florida Statutes to
 2871  one of the following offenses:
 2872         1. Any offense listed in s. 943.0435(1)(h)1., relating to
 2873  the registration of an individual as a sexual offender.
 2874         2. Section 393.135, relating to sexual misconduct with
 2875  certain developmentally disabled clients and the reporting of
 2876  such sexual misconduct.
 2877         3. Section 394.4593, relating to sexual misconduct with
 2878  certain mental health patients and the reporting of such sexual
 2879  misconduct.
 2880         4. Section 775.30, relating to terrorism.
 2881         5. Section 782.04, relating to murder.
 2882         6. Section 787.01, relating to kidnapping.
 2883         7. Any offense under chapter 800, relating to lewdness and
 2884  indecent exposure.
 2885         8. Section 826.04, relating to incest.
 2886         9. Section 827.03, relating to child abuse, aggravated
 2887  child abuse, or neglect of a child.
 2888         Section 30. This act shall take effect October 1, 2017.