Florida Senate - 2022                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 190
       
       
       
       
       
       
                                Ì926570+Î926570                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                  Floor: WD            .                                
             03/03/2022 04:08 PM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Pizzo moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 107 - 158
    4  and insert:
    5         Section 2. Paragraphs (c), (e), (f), and (h) of subsection
    6  (1) of section 893.13, Florida Statutes, are amended to read:
    7         893.13 Prohibited acts; penalties.—
    8         (1)
    9         (c) Except as authorized by this chapter, a person may not
   10  sell, manufacture, or deliver, or possess with intent to sell,
   11  manufacture, or deliver, a controlled substance in, on, or
   12  within 1,000 feet of the real property comprising a child care
   13  facility as defined in s. 402.302 or a public or private
   14  elementary, middle, or secondary school between the hours of 6
   15  a.m. and 12 midnight, or during the hours of operation at any
   16  time in, on, or within 1,000 feet of real property comprising a
   17  state, county, or municipal park, a community center, or a
   18  publicly owned recreational facility. As used in this paragraph,
   19  the term “community center” means a facility operated by a
   20  nonprofit community-based organization for the provision of
   21  recreational, social, or educational services to the public. A
   22  person who violates this paragraph with respect to:
   23         1. A controlled substance named or described in s.
   24  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.
   25  commits a felony of the first degree, punishable as provided in
   26  s. 775.082, s. 775.083, or s. 775.084. The defendant must be
   27  sentenced to a minimum term of imprisonment of 3 calendar years
   28  unless the offense was committed within 1,000 feet of the real
   29  property comprising a child care facility as defined in s.
   30  402.302.
   31         2. A controlled substance named or described in s.
   32  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7.,
   33  (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a felony of
   34  the second degree, punishable as provided in s. 775.082, s.
   35  775.083, or s. 775.084.
   36         3. Any other controlled substance, except as lawfully sold,
   37  manufactured, or delivered, must be sentenced to pay a $500 fine
   38  and to serve 100 hours of public service in addition to any
   39  other penalty prescribed by law.
   40  
   41  This paragraph does not apply to a child care facility unless
   42  the owner or operator of the facility posts a sign that is not
   43  less than 2 square feet in size with a word legend identifying
   44  the facility as a licensed child care facility and that is
   45  posted on the property of the child care facility in a
   46  conspicuous place where the sign is reasonably visible to the
   47  public.
   48         (e) Except as authorized by this chapter, a person may not
   49  sell, manufacture, or deliver, or possess with intent to sell,
   50  manufacture, or deliver, a controlled substance not authorized
   51  by law in, on, or within 1,000 feet of a physical place for
   52  worship at which a church or religious organization regularly
   53  conducts religious services when such church or religious
   54  organization is conducting services or other activities or
   55  within 1,000 feet of a convenience business as defined in s.
   56  812.171. A person who violates this paragraph with respect to:
   57         1. A controlled substance named or described in s.
   58  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.
   59  commits a felony of the first degree, punishable as provided in
   60  s. 775.082, s. 775.083, or s. 775.084.
   61         2. A controlled substance named or described in s.
   62  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7.,
   63  (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a felony of
   64  the second degree, punishable as provided in s. 775.082, s.
   65  775.083, or s. 775.084.
   66         3. Any other controlled substance, except as lawfully sold,
   67  manufactured, or delivered, must be sentenced to pay a $500 fine
   68  and to serve 100 hours of public service in addition to any
   69  other penalty prescribed by law.
   70         (f) Except as authorized by this chapter, a person may not
   71  sell, manufacture, or deliver, or possess with intent to sell,
   72  manufacture, or deliver, a controlled substance in, on, or
   73  within 1,000 feet of the real property comprising a public
   74  housing facility at any time. As used in this section, the term
   75  “real property comprising a public housing facility” means real
   76  property, as defined in s. 421.03(12), of a public corporation
   77  created as a housing authority pursuant to part I of chapter
   78  421. A person who violates this paragraph with respect to:
   79         1. A controlled substance named or described in s.
   80  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.
   81  commits a felony of the first degree, punishable as provided in
   82  s. 775.082, s. 775.083, or s. 775.084.
   83         2. A controlled substance named or described in s.
   84  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7.,
   85  (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a felony of
   86  the second degree, punishable as provided in s. 775.082, s.
   87  775.083, or s. 775.084.
   88         3. Any other controlled substance, except as lawfully sold,
   89  manufactured, or delivered, must be sentenced to pay a $500 fine
   90  and to serve 100 hours of public service in addition to any
   91  other penalty prescribed by law.
   92         (g)(h) Except as authorized by this chapter, a person may
   93  not sell, manufacture, or deliver, or possess with intent to
   94  sell, manufacture, or deliver, a controlled substance in, on, or
   95  within 1,000 feet of the real property comprising a mental
   96  health facility, as that term is used in chapter 394; a health
   97  care facility licensed under chapter 395 which provides
   98  substance abuse treatment; a licensed service provider as
   99  defined in s. 397.311; a facility providing services that
  100  include clinical treatment, intervention, or prevention as
  101  described in s. 397.311(26); a recovery residence as defined in
  102  s. 397.311; an assisted living facility, as defined that term is
  103  used in chapter 429; or a pain management clinic as defined in
  104  s. 458.3265(1)(a)1.c. or s. 459.0137(1)(a)1.c. A person who
  105  violates this paragraph with respect to:
  106         1. A controlled substance named or described in s.
  107  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.
  108  commits a felony of the first degree, punishable as provided in
  109  s. 775.082, s. 775.083, or s. 775.084.
  110         2. A controlled substance named or described in s.
  111  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7.,
  112  (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a felony of
  113  the second degree, punishable as provided in s. 775.082, s.
  114  775.083, or s. 775.084.
  115         3. Any other controlled substance, except as lawfully sold,
  116  manufactured, or delivered, must be sentenced to pay a $500 fine
  117  and to serve 100 hours of public service in addition to any
  118  other penalty prescribed by law.
  119         Section 3. Subsection (4) of section 893.145, Florida
  120  Statutes, is amended to read:
  121         893.145 “Drug paraphernalia” defined.—The term “drug
  122  paraphernalia” means all equipment, products, and materials of
  123  any kind which are used, intended for use, or designed for use
  124  in planting, propagating, cultivating, growing, harvesting,
  125  manufacturing, compounding, converting, producing, processing,
  126  preparing, testing, analyzing, packaging, repackaging, storing,
  127  containing, concealing, transporting, injecting, ingesting,
  128  inhaling, or otherwise introducing into the human body a
  129  controlled substance in violation of this chapter or s. 877.111.
  130  Drug paraphernalia is deemed to be contraband which shall be
  131  subject to civil forfeiture. The term includes, but is not
  132  limited to:
  133         (4) Testing equipment used, intended for use, or designed
  134  for use in identifying, or in analyzing the strength,
  135  effectiveness, or purity of, controlled substances, excluding
  136  narcotic drug testing products that are used to determine
  137  whether a controlled substance contains fentanyl as described in
  138  s. 893.03(2)(b)9. or a controlled substance analog, as defined
  139  in s. 893.0356, of fentanyl.
  140         Section 4. Subsection (3) of section 893.149, Florida
  141  Statutes, is amended to read:
  142         893.149 Unlawful possession of listed chemical.—
  143         (3) This section does not apply to a public employee or
  144  private contractor authorized to clean up or dispose of
  145  hazardous waste or toxic substances resulting from the
  146  prohibited activities listed in s. 893.13(1)(f) s. 893.13(1)(g).
  147         Section 5. Paragraphs (c) and (e) of subsection (3) of
  148  section 921.0022, Florida Statutes, are amended to read:
  149         921.0022 Criminal Punishment Code; offense severity ranking
  150  chart.—
  151         (3) OFFENSE SEVERITY RANKING CHART
  152         (c) LEVEL 3
  153  
  154  FloridaStatute           FelonyDegree         Description          
  155  119.10(2)(b)                 3rd     Unlawful use of confidential information from police reports.
  156  316.066 (3)(b)-(d)           3rd     Unlawfully obtaining or using confidential crash reports.
  157  316.193(2)(b)                3rd     Felony DUI, 3rd conviction.   
  158  316.1935(2)                  3rd     Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
  159  319.30(4)                    3rd     Possession by junkyard of motor vehicle with identification number plate removed.
  160  319.33(1)(a)                 3rd     Alter or forge any certificate of title to a motor vehicle or mobile home.
  161  319.33(1)(c)                 3rd     Procure or pass title on stolen vehicle.
  162  319.33(4)                    3rd     With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
  163  327.35(2)(b)                 3rd     Felony BUI.                   
  164  328.05(2)                    3rd     Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
  165  328.07(4)                    3rd     Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
  166  376.302(5)                   3rd     Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
  167  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.
  168  379.2431 (1)(e)6.            3rd     Possessing any marine turtle species or hatchling, or parts thereof, or the nest of any marine turtle species described in the Marine Turtle Protection Act.
  169  379.2431 (1)(e)7.            3rd     Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
  170  400.9935(4)(a) or (b)        3rd     Operating a clinic, or offering services requiring licensure, without a license.
  171  400.9935(4)(e)               3rd     Filing a false license application or other required information or failing to report information.
  172  440.1051(3)                  3rd     False report of workers’ compensation fraud or retaliation for making such a report.
  173  501.001(2)(b)                2nd     Tampers with a consumer product or the container using materially false/misleading information.
  174  624.401(4)(a)                3rd     Transacting insurance without a certificate of authority.
  175  624.401(4)(b)1.              3rd     Transacting insurance without a certificate of authority; premium collected less than $20,000.
  176  626.902(1)(a) & (b)          3rd     Representing an unauthorized insurer.
  177  697.08                       3rd     Equity skimming.              
  178  790.15(3)                    3rd     Person directs another to discharge firearm from a vehicle.
  179  806.10(1)                    3rd     Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
  180  806.10(2)                    3rd     Interferes with or assaults firefighter in performance of duty.
  181  810.09(2)(c)                 3rd     Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
  182  812.014(2)(c)2.              3rd     Grand theft; $5,000 or more but less than $10,000.
  183  812.0145(2)(c)               3rd     Theft from person 65 years of age or older; $300 or more but less than $10,000.
  184  812.015(8)(b)                3rd     Retail theft with intent to sell; conspires with others.
  185  812.081(2)                   3rd     Theft of a trade secret.      
  186  815.04(5)(b)                 2nd     Computer offense devised to defraud or obtain property.
  187  817.034(4)(a)3.              3rd     Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
  188  817.233                      3rd     Burning to defraud insurer.   
  189  817.234 (8)(b) & (c)         3rd     Unlawful solicitation of persons involved in motor vehicle accidents.
  190  817.234(11)(a)               3rd     Insurance fraud; property value less than $20,000.
  191  817.236                      3rd     Filing a false motor vehicle insurance application.
  192  817.2361                     3rd     Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
  193  817.413(2)                   3rd     Sale of used goods of $1,000 or more as new.
  194  817.49(2)(b)1.               3rd     Willful making of a false report of a crime causing great bodily harm, permanent disfigurement, or permanent disability.
  195  831.28(2)(a)                 3rd     Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
  196  831.29                       2nd     Possession of instruments for counterfeiting driver licenses or identification cards.
  197  838.021(3)(b)                3rd     Threatens unlawful harm to public servant.
  198  843.19                       2nd     Injure, disable, or kill police, fire, or SAR canine or police horse.
  199  860.15(3)                    3rd     Overcharging for repairs and parts.
  200  870.01(2)                    3rd     Riot.                         
  201  870.01(4)                    3rd     Inciting a riot.              
  202  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)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs).
  203  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)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of university.
  204  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)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of public housing facility.
  205  893.13(4)(c)                 3rd     Use or hire of minor; deliver to minor other controlled substances.
  206  893.13(6)(a)                 3rd     Possession of any controlled substance other than felony possession of cannabis.
  207  893.13(7)(a)8.               3rd     Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
  208  893.13(7)(a)9.               3rd     Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
  209  893.13(7)(a)10.              3rd     Affix false or forged label to package of controlled substance.
  210  893.13(7)(a)11.              3rd     Furnish false or fraudulent material information on any document or record required by chapter 893.
  211  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.
  212  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.
  213  893.13(8)(a)3.               3rd     Knowingly write a prescription for a controlled substance for a fictitious person.
  214  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.
  215  918.13(1)(a)                 3rd     Alter, destroy, or conceal investigation evidence.
  216  944.47 (1)(a)1. & 2.         3rd     Introduce contraband to correctional facility.
  217  944.47(1)(c)                 2nd     Possess contraband while upon the grounds of a correctional institution.
  218  985.721                      3rd     Escapes from a juvenile facility (secure detention or residential commitment facility).
  219  
  220         (e) LEVEL 5
  221  
  222  FloridaStatute             FelonyDegree        Description        
  223  316.027(2)(a)                  3rd     Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
  224  316.1935(4)(a)                 2nd     Aggravated fleeing or eluding.
  225  316.80(2)                      2nd     Unlawful conveyance of fuel; obtaining fuel fraudulently.
  226  322.34(6)                      3rd     Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
  227  327.30(5)                      3rd     Vessel accidents involving personal injury; leaving scene.
  228  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.
  229  379.367(4)                     3rd     Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
  230  379.407(5)(b)3.                3rd     Possession of 100 or more undersized spiny lobsters.
  231  381.0041(11)(b)                3rd     Donate blood, plasma, or organs knowing HIV positive.
  232  440.10(1)(g)                   2nd     Failure to obtain workers’ compensation coverage.
  233  440.105(5)                     2nd     Unlawful solicitation for the purpose of making workers’ compensation claims.
  234  440.381(2)                     3rd     Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
  235  624.401(4)(b)2.                2nd     Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
  236  626.902(1)(c)                  2nd     Representing an unauthorized insurer; repeat offender.
  237  790.01(2)                      3rd     Carrying a concealed firearm.
  238  790.162                        2nd     Threat to throw or discharge destructive device.
  239  790.163(1)                     2nd     False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
  240  790.221(1)                     2nd     Possession of short-barreled shotgun or machine gun.
  241  790.23                         2nd     Felons in possession of firearms, ammunition, or electronic weapons or devices.
  242  796.05(1)                      2nd     Live on earnings of a prostitute; 1st offense.
  243  800.04(6)(c)                   3rd     Lewd or lascivious conduct; offender less than 18 years of age.
  244  800.04(7)(b)                   2nd     Lewd or lascivious exhibition; offender 18 years of age or older.
  245  806.111(1)                     3rd     Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
  246  812.0145(2)(b)                 2nd     Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
  247  812.015 (8)(a) & (c)-(e)       3rd     Retail theft; property stolen is valued at $750 or more and one or more specified acts.
  248  812.019(1)                     2nd     Stolen property; dealing in or trafficking in.
  249  812.081(3)                     2nd     Trafficking in trade secrets.
  250  812.131(2)(b)                  3rd     Robbery by sudden snatching.
  251  812.16(2)                      3rd     Owning, operating, or conducting a chop shop.
  252  817.034(4)(a)2.                2nd     Communications fraud, value $20,000 to $50,000.
  253  817.234(11)(b)                 2nd     Insurance fraud; property value $20,000 or more but less than $100,000.
  254  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.
  255  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.
  256  817.611(2)(a)                  2nd     Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
  257  817.625(2)(b)                  2nd     Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
  258  825.1025(4)                    3rd     Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
  259  827.071(4)                     2nd     Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
  260  827.071(5)                     3rd     Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
  261  828.12(2)                      3rd     Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
  262  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.
  263  843.01                         3rd     Resist officer with violence to person; resist arrest with violence.
  264  847.0135(5)(b)                 2nd     Lewd or lascivious exhibition using computer; offender 18 years or older.
  265  847.0137 (2) & (3)             3rd     Transmission of pornography by electronic device or equipment.
  266  847.0138 (2) & (3)             3rd     Transmission of material harmful to minors to a minor by electronic device or equipment.
  267  874.05(1)(b)                   2nd     Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
  268  874.05(2)(a)                   2nd     Encouraging or recruiting person under 13 years of age to join a criminal gang.
  269  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)5. drugs).
  270  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)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (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.
  271  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)5. drugs) within 1,000 feet of university.
  272  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)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
  273  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)5. drugs) within 1,000 feet of public housing facility.
  274  893.13(4)(b)                   2nd     Use or hire of minor; deliver to minor other controlled substance.
  275  893.1351(1)                    3rd     Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
  276  
  277  
  278  
  279  ================= T I T L E  A M E N D M E N T ================
  280  And the title is amended as follows:
  281         Delete lines 7 - 11
  282  and insert:
  283         s. 893.13, F.S.; revising specified activities
  284         involving controlled substances within 1,000 feet of
  285         specified places or facilities; deleting specified
  286         prohibited activities involving controlled substances
  287         within 1,000 feet of a public housing facility;
  288         prohibiting specified activities involving controlled
  289         substances within 1,000 feet of additional specified
  290         facilities; providing criminal penalties; amending s.
  291         893.145, F.S.; revising the definition of the term
  292         “drug paraphernalia”; amending 893.149, F.S.;
  293         conforming a cross-reference; amending 921.0022, F.S.;
  294         conforming provisions to changes made by the act;
  295         providing