Florida Senate - 2019                                     SB 642
       
       
        
       By Senator Brandes
       
       
       
       
       
       24-00797A-19                                           2019642__
    1                        A bill to be entitled                      
    2         An act relating to criminal justice; providing a short
    3         title; amending s. 893.135, F.S.; requiring that the
    4         court impose, for an offense relating to trafficking
    5         in certain substances, a sentence pursuant to the
    6         Criminal Punishment Code and without regard to any
    7         statutory minimum sentence if the court makes
    8         specified findings under certain circumstances;
    9         amending s. 944.275, F.S.; requiring an education
   10         program manager to recommend, and authorizing the
   11         Department of Corrections to grant, an award of a
   12         specified amount of incentive gain-time to an inmate
   13         who has completed the Prison Entrepreneurship Program;
   14         revising circumstances under which certain inmates are
   15         not eligible for certain types of gain-time in amounts
   16         that would cause a sentence to end or require a
   17         release prior to serving a minimum percentage of a
   18         sentence; amending s. 944.611, F.S.; providing
   19         legislative intent with respect to the location of an
   20         inmate's confinement; amending s. 944.705, F.S.;
   21         requiring that the department provide an inmate with a
   22         comprehensive community reentry resource directory
   23         organized by county before an inmate’s release;
   24         authorizing a nonprofit faith-based business or a
   25         professional, civic, or community organization to
   26         apply for registration with the department to provide
   27         inmate reentry services; requiring the department to
   28         adopt certain policies and procedures; authorizing the
   29         department to deny approval and registration of an
   30         organization or representative of an organization
   31         under certain circumstances; authorizing the
   32         department to contract with a public or private
   33         educational institution’s Veterans Advocacy Clinic or
   34         Veterans Legal Clinic for certain purposes; requiring
   35         the department to include notification of all
   36         outstanding terms of sentence in an inmate’s release
   37         documents; requiring the department to adopt certain
   38         rules; amending s. 944.801, F.S.; authorizing the
   39         Correctional Education Program to establish a Prison
   40         Entrepreneurship Program and adopt procedures for
   41         admitting student inmates; providing requirements for
   42         the program; authorizing transitional and postrelease
   43         continuing educational services to be offered under
   44         certain circumstances; requiring the department to
   45         enter into certain agreements to implement the
   46         program; requiring that the program be funded with
   47         existing resources; amending s. 948.001, F.S.;
   48         redefining the term “administrative probation”;
   49         amending s. 948.013, F.S.; authorizing the department
   50         to transfer an offender to administrative probation
   51         under certain circumstances; amending s. 948.03, F.S.;
   52         requiring the department to include in the Florida
   53         Crime Information Center system all conditions of
   54         probation as determined by the court for each
   55         probationer; amending s. 948.06, F.S.; requiring a
   56         probation officer to determine whether a probationer
   57         or offender on community control who commits a
   58         technical violation is eligible for a certain
   59         alternative sanctioning program; authorizing the
   60         probation officer to take certain actions if such
   61         probationer or offender is eligible; defining the term
   62         “technical violation”; requiring that judicial
   63         circuits establish an alternative sanctioning program;
   64         authorizing the chief judge of each judicial circuit
   65         to issue specified administrative orders; requiring a
   66         probation officer to submit to the court for approval
   67         any recommended sanctions against a probationer or
   68         offender determined to be eligible for the program to
   69         the court for approval; defining the terms “low-risk
   70         violation” and “moderate-risk violation”; specifying
   71         circumstances under which a probationer or offender on
   72         community control is not eligible for an alternative
   73         sanction; authorizing a probation officer to offer an
   74         eligible probationer one or more specified alternative
   75         sanctions for a first or second low-risk violation;
   76         authorizing a probation officer, under certain
   77         circumstances, to offer an eligible probationer or
   78         offender on community control one or more specified
   79         alternative sanctions for a first moderate-risk
   80         violation; providing that the participation of a
   81         probationer or offender on community control in the
   82         alternative sanctioning program is voluntary, subject
   83         to certain requirements; specifying actions that a
   84         probationer or offender on community control may take
   85         if he or she is eligible for an alternative
   86         sanctioning program; providing that a probation
   87         officer, under certain circumstances, submit a
   88         recommended sanction to the court; authorizing the
   89         court to impose the recommended sanction or direct the
   90         department to submit a violation report, affidavit,
   91         and warrant to the court; authorizing a probation
   92         officer to submit a violation report, affidavit, and
   93         warrant to the court under certain circumstances;
   94         prohibiting certain evidence in subsequent
   95         proceedings; amending s. 893.03, F.S.; conforming a
   96         cross-reference; providing an effective date.
   97          
   98  Be It Enacted by the Legislature of the State of Florida:
   99  
  100         Section 1. This act may be cited as the Florida First Step
  101  Act.
  102         Section 2. Present subsections (6) and (7) of section
  103  893.135, Florida Statutes, are redesignated as subsections (7)
  104  and (8), respectively, and a new subsection (6) is added to that
  105  section, to read:
  106         893.135 Trafficking; mandatory sentences; suspension or
  107  reduction of sentences; conspiracy to engage in trafficking.—
  108         (6) Notwithstanding any other provision of law, for an
  109  offense under this section the court shall impose a sentence
  110  pursuant to the Criminal Punishment Code under chapter 921 and
  111  without regard to any statutory minimum sentence, if the court
  112  finds at sentencing, after the state attorney has been afforded
  113  the opportunity to make a recommendation, all of the following:
  114         (a) The defendant has not previously been convicted of a
  115  dangerous crime as defined in s. 907.041, or a violation
  116  specified as a predicate offense for registration as a sexual
  117  predator under s. 775.21 or for registration as a sexual
  118  offender under s. 943.0435.
  119         (b) The defendant did not use violence or credible threats
  120  of violence or possess a firearm or other dangerous weapon, or
  121  induce another participant to do so, in connection with the
  122  offense.
  123         (c) The offense did not result in death or serious bodily
  124  injury to any person.
  125         (d) The defendant was not engaged in a continuing criminal
  126  enterprise, as defined in s. 893.20.
  127         (e) By the time of the sentencing hearing, the defendant
  128  has truthfully provided to the state all information and
  129  evidence the defendant has concerning the offense or offenses
  130  that were part of the same course of conduct or of a common
  131  scheme or plan. The fact that the defendant has no other
  132  relevant or useful information to provide or that the state is
  133  already aware of the information does not preclude a
  134  determination by the court that the defendant has complied with
  135  this requirement.
  136         Section 3. Paragraphs (d) and (f) of subsection (4) of
  137  section 944.275, Florida Statutes, are amended to read:
  138         944.275 Gain-time.—
  139         (4)
  140         (d) Notwithstanding the monthly maximum awards of incentive
  141  gain-time under subparagraphs (b)1., 2., and 3., the education
  142  program manager shall recommend, and the Department of
  143  Corrections may grant, a one-time award of 60 additional days of
  144  incentive gain-time to an inmate who is otherwise eligible and
  145  who successfully completes requirements for and is, or has been
  146  during the current commitment, awarded a high school equivalency
  147  diploma or vocational certificate, or has completed the Prison
  148  Entrepreneurship Program. Under no circumstances may an inmate
  149  receive more than 60 days for educational attainment pursuant to
  150  this section.
  151         (f) An inmate who is subject to subparagraph (b)3. is not
  152  eligible to earn or receive gain-time under paragraph (a),
  153  paragraph (b), or paragraph (c), or paragraph (d) or any other
  154  type of gain-time other than under paragraph (d) in an amount
  155  that would cause a sentence to expire, end, or terminate, or
  156  that would result in a prisoner’s release, prior to serving a
  157  minimum of 85 percent of the sentence imposed. An inmate who is
  158  currently serving a sentence for or has been previously
  159  convicted of a dangerous crime as defined in s. 907.041, or a
  160  violation specified as a predicate offense for registration as a
  161  sexual predator under s. 775.21 or for registration as a sexual
  162  offender under s. 943.0435, is not eligible to earn or receive
  163  gain-time under paragraphs (a) through (d), or any other type of
  164  gain-time in an amount that would cause a sentence to expire,
  165  end, or terminate, or that would result in a prisoner’s release,
  166  prior to serving a minimum of 85 percent of the sentence
  167  imposed. For purposes of this paragraph, credits awarded by the
  168  court for time physically incarcerated shall be credited toward
  169  satisfaction of 85 percent of the sentence imposed. Except as
  170  provided by this section, a prisoner may not accumulate further
  171  gain-time awards at any point when the tentative release date is
  172  the same as that date at which the prisoner will have served 85
  173  percent of the sentence imposed. State prisoners sentenced to
  174  life imprisonment shall be incarcerated for the rest of their
  175  natural lives, unless granted pardon or clemency.
  176         Section 4. Subsection (2) of section 944.611, Florida
  177  Statutes, is amended to read:
  178         944.611 Legislative intent.—The Legislature finds and
  179  declares that:
  180         (2) It is the intent of the Legislature that:
  181         (a) The secretary shall designate the place of each
  182  inmate’s confinement and shall, subject to bed availability and
  183  the inmate’s security designation, programmatic needs, and
  184  mental and medical health needs, place each inmate in an
  185  institution or facility as close as practicable to within 150
  186  driving miles of the inmate’s primary residence, unless the
  187  safety of department employees or inmates requires other
  188  placement. Subject to bed availability and the inmate’s security
  189  designation, the department shall transfer an inmate to an
  190  institution or facility that is as close as practicable to
  191  within 150 driving miles of the inmate’s primary residence,
  192  unless the inmate chooses to remain at his or her current
  193  institution or facility.
  194         (b)(a) To the extent possible, an inmate be returned, upon
  195  release, to the same area from which the inmate was committed.
  196         (c)(b) An inmate being released from a community work
  197  release program is not eligible for the provision of
  198  transportation.
  199         (d)(c) Transportation provided for an eligible inmate upon
  200  release shall be to one of the following points:
  201         1. The county where parole placement has been approved and
  202  supervision is to commence.
  203         2. Another state.
  204         3. The county of employment within the state.
  205         4. The county of legal residence within the state.
  206         5. The county of original commitment within the state.
  207         (e)(d) Each releasee who is eligible for the provision of
  208  transportation shall be escorted to the site of embarkation by
  209  an officer of the correctional facility, who shall remain until
  210  the releasee has departed.
  211         Section 5. Present subsections (3), (4), and (5) of section
  212  944.705, Florida Statutes, are redesignated as subsections (4),
  213  (5), and (6), respectively, present subsection (6) of that
  214  section is amended, and new subsection (3) and subsections (7),
  215  (8), (9), and (11) are added to that section, to read:
  216         944.705 Release orientation program.—
  217         (3) Before an inmate’s release, the department shall
  218  provide the inmate with a comprehensive community reentry
  219  resource directory organized by county which includes the name,
  220  address, and telephone number of each provider and a description
  221  of the services offered by each provider. The directory must
  222  also include the name, address, and telephone number of existing
  223  starting points for using such resources.
  224         (7) A nonprofit faith-based business or a professional,
  225  civic, or community organization may apply for registration with
  226  the department to provide inmate reentry services. Reentry
  227  services include, but are not limited to, counseling; providing
  228  information on housing and job placement; money management
  229  assistance; and programs that address substance abuse, mental
  230  health, or co-occurring conditions.
  231         (8) The department shall adopt policies and procedures for
  232  screening, approving, and registering an organization that
  233  applies under subsection (7). The department may deny approval
  234  and registration of the organization or a representative of the
  235  organization if it determines that the organization or
  236  representative does not meet the department’s policies or
  237  procedures.
  238         (9) The department may contract with a public or private
  239  educational institution’s Veterans Advocacy Clinic or Veterans
  240  Legal Clinic to assist qualified veteran inmates in applying for
  241  veteran’s benefits upon release.
  242         (10)(6)(a) The department shall notify every inmate, in no
  243  less than 18-point type in the inmate’s release documents:,
  244         (a) Of all terms of the inmate’s sentence which are
  245  outstanding at the time of release, including, but not limited
  246  to, a term of supervision and any conditions required upon
  247  release from imprisonment or unpaid restitution, court costs,
  248  fees, or fines.
  249         (b)1. That the inmate may be sentenced pursuant to s.
  250  775.082(9) if the inmate commits any felony offense described in
  251  s. 775.082(9) within 3 years after the inmate’s release. This
  252  notice must be prefaced by the word “WARNING” in boldfaced type.
  253         2.(b)Nothing in This section does not preclude precludes
  254  the sentencing of a person pursuant to s. 775.082(9), and nor
  255  shall evidence that the department failed to provide this notice
  256  does not prohibit a person from being sentenced pursuant to s.
  257  775.082(9). The state is shall not be required to demonstrate
  258  that a person received any notice from the department in order
  259  for the court to impose a sentence pursuant to s. 775.082(9).
  260         (11) The department shall adopt rules to implement this
  261  section.
  262         Section 6. Present subsections (4), (5), and (6) of section
  263  944.801, Florida Statutes, are redesignated as subsections (5),
  264  (6), and (7), respectively, and a new subsection (4) is added to
  265  that section, to read:
  266         944.801 Education for state prisoners.—
  267         (4) The Correctional Education Program may establish a
  268  Prison Entrepreneurship Program and adopt procedures for
  269  admitting student inmates. If the department elects to develop
  270  the program, it must include at least 180 days of in-prison
  271  education. The program curriculum must include a component on
  272  developing a business plan, procedures for graduation and
  273  certification of successful student inmates, and at least 90
  274  days of transitional and postrelease continuing educational
  275  services. Transitional and postrelease continuing educational
  276  services may be offered to graduate student inmates on a
  277  voluntary basis and are not a requirement for completion of the
  278  program. The department shall enter into agreements with public
  279  or private colleges or universities or other nonprofit entities
  280  to implement the program. The program must be funded with
  281  existing resources.
  282         Section 7. Subsection (1) of section 948.001, Florida
  283  Statutes, is amended to read:
  284         948.001 Definitions.—As used in this chapter, the term:
  285         (1) “Administrative probation” means a form of no contact,
  286  nonreporting supervision that may be imposed by order of the
  287  court or transfer by the Department of Corrections as provided
  288  in s. 948.013 in which an offender who presents a low risk of
  289  harm to the community may, upon satisfactory completion of half
  290  the term of probation, be transferred by the Department of
  291  Corrections to this type of reduced level of supervision, as
  292  provided in s. 948.013.
  293         Section 8. Subsection (1) of section 948.013, Florida
  294  Statutes, is amended to read:
  295         948.013 Administrative probation.—
  296         (1) The Department of Corrections may transfer an offender
  297  to administrative probation if he or she presents a low risk of
  298  harm to the community and has satisfactorily completed at least
  299  half of his or her probation term. The department of Corrections
  300  may establish procedures for transferring an offender to
  301  administrative probation. The department may collect an initial
  302  processing fee of up to $50 for each probationer transferred to
  303  administrative probation. The offender is exempt from further
  304  payment for the cost of supervision as required in s. 948.09.
  305         Section 9. Subsection (3) is added to section 948.03,
  306  Florida Statutes, to read:
  307         948.03 Terms and conditions of probation.—
  308         (3)The Department of Corrections shall include in the
  309  Florida Crime Information Center system all conditions of
  310  probation as determined by the court for each probationer.
  311         Section 10. Present paragraphs (c) through (g) of
  312  subsection (1) of section 948.06, Florida Statutes, are
  313  redesignated as paragraphs (d) through (h), respectively,
  314  present paragraph (h) of that subsection is amended, a new
  315  paragraph (c) is added to that subsection, and subsection (9) is
  316  added to that section, to read:
  317         948.06 Violation of probation or community control;
  318  revocation; modification; continuance; failure to pay
  319  restitution or cost of supervision.—
  320         (1)
  321         (c)If a probationer or offender on community control
  322  commits a technical violation, the probation officer shall
  323  determine whether the probationer or offender on community
  324  control is eligible for the alternative sanctioning program
  325  under subsection (9). If the probation officer determines that
  326  the probationer or offender on community control is eligible,
  327  the probation officer may submit recommended sanctions to the
  328  court for its approval in lieu of filing an affidavit of
  329  violation with the court. For purposes of this section, the term
  330  “technical violation” means an alleged violation of supervision
  331  that is not a new felony offense, misdemeanor offense, or
  332  criminal traffic offense.
  333         (h)1. The chief judge of each judicial circuit, in
  334  consultation with the state attorney, the public defender, and
  335  the department, may establish an alternative sanctioning program
  336  in which the department, after receiving court approval, may
  337  enforce specified sanctions for certain technical violations of
  338  supervision. For purposes of this paragraph, the term “technical
  339  violation” means any alleged violation of supervision that is
  340  not a new felony offense, misdemeanor offense, or criminal
  341  traffic offense.
  342         2. To establish an alternative sanctioning program, the
  343  chief judge must issue an administrative order specifying:
  344         a. Eligibility criteria.
  345         b. The technical violations that are eligible for the
  346  program.
  347         c. The sanctions that may be recommended by a probation
  348  officer for each technical violation.
  349         d. The process for reporting technical violations through
  350  the alternative sanctioning program, including approved forms.
  351         3. If an offender is alleged to have committed a technical
  352  violation of supervision that is eligible for the program, the
  353  offender may:
  354         a. Waive participation in the alternative sanctioning
  355  program, in which case the probation officer may submit a
  356  violation report, affidavit, and warrant to the court in
  357  accordance with this section; or
  358         b. Elect to participate in the alternative sanctioning
  359  program after receiving written notice of an alleged technical
  360  violation and a disclosure of the evidence against the offender,
  361  admit to the technical violation, agree to comply with the
  362  probation officer’s recommended sanction if subsequently ordered
  363  by the court, and agree to waive the right to:
  364         (I) Be represented by legal counsel.
  365         (II) Require the state to prove his or her guilt before a
  366  neutral and detached hearing body.
  367         (III) Subpoena witnesses and present to a judge evidence in
  368  his or her defense.
  369         (IV) Confront and cross-examine adverse witnesses.
  370         (V) Receive a written statement from a factfinder as to the
  371  evidence relied on and the reasons for the sanction imposed.
  372         4. If the offender admits to committing the technical
  373  violation and agrees with the probation officer’s recommended
  374  sanction, the probation officer must, before imposing the
  375  sanction, submit the recommended sanction to the court as well
  376  as documentation reflecting the offender’s admission to the
  377  technical violation and agreement with the recommended sanction.
  378         5. The court may impose the recommended sanction or may
  379  direct the department to submit a violation report, affidavit,
  380  and warrant to the court in accordance with this section.
  381         6. An offender’s participation in an alternative
  382  sanctioning program is voluntary. The offender may elect to
  383  waive or discontinue participation in an alternative sanctioning
  384  program at any time before the issuance of a court order
  385  imposing the recommended sanction.
  386         7. If an offender waives or discontinues participation in
  387  an alternative sanctioning program, the probation officer may
  388  submit a violation report, affidavit, and warrant to the court
  389  in accordance with this section. The offender’s prior admission
  390  to the technical violation may not be used as evidence in
  391  subsequent proceedings.
  392         (9)(a) Each judicial circuit shall establish an alternative
  393  sanctioning program as provided in this subsection. The chief
  394  judge of each judicial circuit may, by administrative order,
  395  define additional sanctions or eligibility criteria and specify
  396  the process for reporting technical violations through the
  397  alternative sanctioning program. Any sanctions recommended for
  398  imposition through an alternative sanctions program must be
  399  submitted to the court by the probation officer for approval
  400  prior to imposing the sanction.
  401         (b) When committed by a probationer, a low-risk violation
  402  as used in this subsection means any of the following:
  403         1. A positive drug or alcohol test result.
  404         2. Failure to report to the probation office.
  405         3. Failure to report a change in address or other required
  406  information.
  407         4. Failure to attend a required class, treatment or
  408  counseling session, or meeting.
  409         5. Failure to submit to a drug or alcohol test.
  410         6. A violation of curfew.
  411         7. Failure to meet a monthly quota on any required
  412  probation condition, including, but not limited to, making
  413  restitution payments, paying court costs, or completing
  414  community service hours.
  415         8. Leaving the county without permission.
  416         9. Failure to report a change of employment.
  417         10. Associating with a person engaged in criminal activity.
  418         11. Any other violation as determined by administrative
  419  order of the chief judge of the circuit.
  420         (c) A moderate-risk violation” as used in this subsection
  421  means any of the following:
  422         1. A violation listed in paragraph (b) when committed by an
  423  offender on community control.
  424         2. Failure to remain at an approved residence by an
  425  offender on community control.
  426         3.A third violation listed in paragraph (b) by a
  427  probationer within the current term of supervision.
  428         4. Any other violation as determined by administrative
  429  order of the chief judge of the circuit.
  430         (d) A probationer or offender on community control is not
  431  eligible for an alternative sanction if:
  432         1. He or she is a violent felony offender of special
  433  concern as defined in paragraph (8)(b);
  434         2. The violation is a felony, misdemeanor, or criminal
  435  traffic offense;
  436         3. The violation is absconding;
  437         4. The violation is of a stay-away order or no-contact
  438  order;
  439         5. The violation is not identified as low-risk or moderate
  440  risk under this subsection or by administrative order;
  441         6. He or she has a prior moderate-risk level violation
  442  during the current term of supervision;
  443         7. He or she has three prior low-risk level violations
  444  during the same term of supervision;
  445         8. The term of supervision is scheduled to terminate in
  446  less than 90 days; or
  447         9. The terms of the sentence prohibit alternative
  448  sanctioning.
  449         (e) For a first or second low-risk violation, as defined in
  450  paragraph (b), within the current term of supervision, a
  451  probation officer may offer an eligible probationer one or more
  452  of the following as an alternative sanction:
  453         1. Up to 5 days in the county jail.
  454         2. Up to 50 additional community service hours.
  455         3. Counseling or treatment.
  456         4. Support group attendance.
  457         5. Drug testing.
  458         6. Loss of travel or other privileges.
  459         7. Curfew for up to 30 days.
  460         8. House arrest for up to 30 days.
  461         9. Any other sanction as determined by administrative order
  462  of the chief judge of the circuit.
  463         (f) For a first moderate-risk violation, as defined in
  464  paragraph (c), within the current term of supervision, a
  465  probation officer, with a supervisor’s approval, may offer an
  466  eligible probationer or offender on community control one or
  467  more of the following as an alternative sanction:
  468         1. Up to 21 days in the county jail.
  469         2. Curfew for up to 90 days.
  470         3. House arrest for up to 90 days.
  471         4.Electronic monitoring for up to 90 days.
  472         5. Residential treatment for up to 90 days.
  473         6.Any other sanction available for a low-risk violation.
  474         7. Any other sanction as determined by administrative order
  475  of the chief judge of the circuit.
  476         (g) The participation of a probationer or an offender on
  477  community control in the program is voluntary. The probationer
  478  or offender on community control may waive or discontinue
  479  participation in the program at any time before the court
  480  imposes a recommended sanction.
  481         (h)1. If a probationer or offender on community control is
  482  eligible for the alternative sanctioning program under this
  483  subsection, he or she may:
  484         a. Waive participation in the program, in which case the
  485  probation officer may submit a violation report, affidavit, and
  486  warrant to the court; or
  487         b. Elect to participate in the program after receiving
  488  written notice of an alleged technical violation and disclosure
  489  of the evidence against him or her, admitting to the technical
  490  violation, agreeing to comply with the probation officer’s
  491  recommended sanction if subsequently ordered by the court, and
  492  agreeing to waive the right to:
  493         (I)Be represented by legal counsel.
  494         (II)Require the state to prove his or her guilt before a
  495  neutral and detached hearing body.
  496         (III)Subpoena witnesses and present to a judge evidence in
  497  his or her defense.
  498         (IV)Confront and cross-examine adverse witnesses.
  499         (V)Receive a written statement from a judge as to the
  500  evidence relied on and the reasons for the sanction imposed.
  501         2. If the probationer or offender on community control
  502  admits to committing the technical violation and agrees with the
  503  probation officer’s recommended sanction, the probation officer
  504  must, before imposing the sanction, submit the recommended
  505  sanction to the court with documentation reflecting the
  506  probationer’s admission to the technical violation and agreement
  507  with the recommended sanction.
  508         (i) The court may impose the recommended sanction or direct
  509  the department to submit a violation report, affidavit, and
  510  warrant to the court.
  511         (j) If a probationer or offender on community control
  512  waives or discontinues participation in the program or fails to
  513  successfully complete all alternative sanctions within 90 days
  514  after imposition or within the timeframe specified in the agreed
  515  upon sanction, the probation officer may submit a violation
  516  report, affidavit, and warrant to the court. A prior admission
  517  by the probationer or offender on community control to a
  518  technical violation may not be used as evidence in subsequent
  519  proceedings.
  520         Section 11. Paragraph (c) of subsection (3) of section
  521  893.03, Florida Statutes, is amended to read:
  522         893.03 Standards and schedules.—The substances enumerated
  523  in this section are controlled by this chapter. The controlled
  524  substances listed or to be listed in Schedules I, II, III, IV,
  525  and V are included by whatever official, common, usual,
  526  chemical, trade name, or class designated. The provisions of
  527  this section shall not be construed to include within any of the
  528  schedules contained in this section any excluded drugs listed
  529  within the purview of 21 C.F.R. s. 1308.22, styled “Excluded
  530  Substances”; 21 C.F.R. s. 1308.24, styled “Exempt Chemical
  531  Preparations”; 21 C.F.R. s. 1308.32, styled “Exempted
  532  Prescription Products”; or 21 C.F.R. s. 1308.34, styled “Exempt
  533  Anabolic Steroid Products.”
  534         (3) SCHEDULE III.—A substance in Schedule III has a
  535  potential for abuse less than the substances contained in
  536  Schedules I and II and has a currently accepted medical use in
  537  treatment in the United States, and abuse of the substance may
  538  lead to moderate or low physical dependence or high
  539  psychological dependence or, in the case of anabolic steroids,
  540  may lead to physical damage. The following substances are
  541  controlled in Schedule III:
  542         (c) Unless specifically excepted or unless listed in
  543  another schedule, any material, compound, mixture, or
  544  preparation containing limited quantities of any of the
  545  following controlled substances or any salts thereof:
  546         1. Not more than 1.8 grams of codeine per 100 milliliters
  547  or not more than 90 milligrams per dosage unit, with an equal or
  548  greater quantity of an isoquinoline alkaloid of opium.
  549         2. Not more than 1.8 grams of codeine per 100 milliliters
  550  or not more than 90 milligrams per dosage unit, with recognized
  551  therapeutic amounts of one or more active ingredients which are
  552  not controlled substances.
  553         3. Not more than 300 milligrams of hydrocodone per 100
  554  milliliters or not more than 15 milligrams per dosage unit, with
  555  a fourfold or greater quantity of an isoquinoline alkaloid of
  556  opium.
  557         4. Not more than 300 milligrams of hydrocodone per 100
  558  milliliters or not more than 15 milligrams per dosage unit, with
  559  recognized therapeutic amounts of one or more active ingredients
  560  that are not controlled substances.
  561         5. Not more than 1.8 grams of dihydrocodeine per 100
  562  milliliters or not more than 90 milligrams per dosage unit, with
  563  recognized therapeutic amounts of one or more active ingredients
  564  which are not controlled substances.
  565         6. Not more than 300 milligrams of ethylmorphine per 100
  566  milliliters or not more than 15 milligrams per dosage unit, with
  567  one or more active, nonnarcotic ingredients in recognized
  568  therapeutic amounts.
  569         7. Not more than 50 milligrams of morphine per 100
  570  milliliters or per 100 grams, with recognized therapeutic
  571  amounts of one or more active ingredients which are not
  572  controlled substances.
  573  
  574  For purposes of charging a person with a violation of s. 893.135
  575  involving any controlled substance described in subparagraph 3.
  576  or subparagraph 4., the controlled substance is a Schedule III
  577  controlled substance pursuant to this paragraph but the weight
  578  of the controlled substance per milliliters or per dosage unit
  579  is not relevant to the charging of a violation of s. 893.135.
  580  The weight of the controlled substance shall be determined
  581  pursuant to s. 893.135(7) s. 893.135(6).
  582         Section 12. This act shall take effect July 1, 2019.