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House Bill 0305

Florida House of Representatives - 1997 HB 305 By Representative Ritter 1 A bill to be entitled 2 An act relating to controlled substances; 3 amending s. 893.13, F.S.; prohibiting the sale, 4 manufacture, or delivery of controlled 5 substances, or possession of controlled 6 substances with intent to sell, manufacture, or 7 deliver, within 1,000 feet of the real property 8 comprising a child care facility; providing 9 penalties; amending s. 921.0012, F.S.; 10 providing for classification of such offenses 11 within the offense severity ranking chart; 12 providing an effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Paragraph (c) of subsection (1) and 17 subsections (8), (9), and (10) of section 893.13, Florida 18 Statutes, 1996 Supplement, are amended to read: 19 893.13 Prohibited acts; penalties.-- 20 (1) 21 (c) Except as authorized by this chapter, it is 22 unlawful for any person to sell, manufacture, or deliver, or 23 possess with intent to sell, manufacture, or deliver a 24 controlled substance in, on, or within 1,000 feet of the real 25 property comprising a child care facility as defined in s. 26 402.302 or a public or private elementary, middle, or 27 secondary school between the hours of 6 a.m. and 12 a.m. Any 28 person who violates this paragraph with respect to: 29 1. A controlled substance named or described in s. 30 893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b) commits a 31 felony of the first degree, punishable as provided in s. 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 305 585-102-97 1 775.082, s. 775.083, or s. 775.084 and must be sentenced to a 2 minimum term of imprisonment of 3 calendar years. 3 2. A controlled substance named or described in s. 4 893.03(1)(c), (2)(c), (3), or (4) commits a felony of the 5 second degree, punishable as provided in s. 775.082, s. 6 775.083, or s. 775.084. 7 3. Any other controlled substance, except as lawfully 8 sold, manufactured, or delivered, must be sentenced to pay a 9 $500 fine and to serve 100 hours of public service in addition 10 to any other penalty prescribed by law. 11 (8) Notwithstanding any provision to the contrary of 12 the laws of this state: 13 (a) The court may assess for alcohol and other drug 14 abuse programs as provided in s. 893.165 any defendant who 15 pleads guilty or nolo contendere to, or is convicted of, a 16 violation of any provision of this chapter or which involves a 17 criminal violation of s. 316.193, s. 856.011, s. 856.015, or 18 chapter 562, chapter 567, or chapter 568, in addition to any 19 fine and other penalty provided by law, an amount up to the 20 amount of the fine authorized for the violation. 21 (b) The court may assess any defendant who pleads 22 guilty or nolo contendere to, or is convicted of, a violation 23 of any provision of this section, without regard to whether 24 adjudication was withheld, in addition to any fine and other 25 penalty provided or authorized by law, an amount of $100, to 26 be paid to the clerk of the court, who shall forward it to the 27 Operating Trust Fund of the Department of Law Enforcement to 28 be used by the statewide criminal analysis laboratory system 29 for the purposes specified in s. 943.361. 30 31 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 305 585-102-97 1 The court is authorized to order a defendant to pay an 2 additional assessment if it finds that the defendant has the 3 ability to pay the fine and the additional assessment and will 4 not be prevented thereby from being rehabilitated or from 5 making restitution. 6 (9) The provisions of subsections (1) through (7) are 7 not applicable to the delivery to, or actual or constructive 8 possession for medical or scientific use or purpose only of 9 controlled substances by, persons included in any of the 10 following classes, or the agents or employees of such persons, 11 for use in the usual course of their business or profession or 12 in the performance of their official duties: 13 (a) Pharmacists. 14 (b) Practitioners. 15 (c) Persons who procure controlled substances in good 16 faith and in the course of professional practice only, by or 17 under the supervision of pharmacists or practitioners employed 18 by them, or for the purpose of lawful research, teaching, or 19 testing, and not for resale. 20 (d) Hospitals that procure controlled substances for 21 lawful administration by practitioners, but only for use by or 22 in the particular hospital. 23 (e) Officers or employees of state, federal, or local 24 governments acting in their official capacity only, or 25 informers acting under their jurisdiction. 26 (f) Common carriers. 27 (g) Manufacturers, wholesalers, and distributors. 28 (h) Law enforcement officers for bona fide law 29 enforcement purposes in the course of an active criminal 30 investigation. 31 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 305 585-102-97 1 (10) Notwithstanding any provision of the sentencing 2 guidelines to the contrary, on or after October 1, 1993, any 3 defendant who: 4 (a) Violates subparagraph (1)(a)1., subparagraph 5 (1)(c)2., subparagraph (1)(d)2., subparagraph (2)(a)1., or 6 paragraph (5)(a); and 7 (b) Has not previously been convicted, regardless of 8 whether adjudication was withheld, of any felony, other than a 9 violation of subparagraph (1)(a)1., subparagraph (1)(c)2., 10 subparagraph (1)(d)2., subparagraph (2)(a)1., or paragraph 11 (5)(a), 12 13 may be required by the court to successfully complete a term 14 of probation pursuant to the terms and conditions set forth in 15 s. 948.034(1), in lieu of serving a term of imprisonment. 16 Section 2. Paragraphs (e) and (g) of subsection (3) of 17 section 921.0012, Florida Statutes, 1996 Supplement, are 18 amended to read: 19 921.0012 Sentencing guidelines offense levels; offense 20 severity ranking chart.-- 21 (3) OFFENSE SEVERITY RANKING CHART 22 Florida Felony 23 Statute Degree Description 24 25 26 27 (e) LEVEL 5 28 316.027(1)(a) 3rd Accidents involving personal 29 injuries, failure to stop; 30 leaving scene. 31 316.1935(3) 3rd Aggravated fleeing or eluding. 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 305 585-102-97 1 322.34(3) 3rd Careless operation of motor 2 vehicle with suspended license, 3 resulting in death or serious 4 bodily injury. 5 327.30(5) 3rd Vessel accidents involving 6 personal injury; leaving scene. 7 381.0041(11)(b) 3rd Donate blood, plasma, or organs 8 knowing HIV positive. 9 790.01(2) 3rd Carrying a concealed firearm. 10 790.162 2nd Threat to throw or discharge 11 destructive device. 12 790.163 2nd False report of deadly explosive. 13 790.165(2) 3rd Manufacture, sell, possess, or 14 deliver hoax bomb. 15 790.221(1) 2nd Possession of short-barreled 16 shotgun or machine gun. 17 790.23 2nd Felons in possession of firearms 18 or electronic weapons or devices. 19 806.111(1) 3rd Possess, manufacture, or dispense 20 fire bomb with intent to damage 21 any structure or property. 22 812.019(1) 2nd Stolen property; dealing in or 23 trafficking in. 24 812.16(2) 3rd Owning, operating, or conducting 25 a chop shop. 26 817.034(4)(a)2. 2nd Communications fraud, value 27 $20,000 to $50,000. 28 825.1025(4) 3rd Lewd or lascivious exhibition in 29 the presence of an elderly person 30 or disabled adult. 31 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 305 585-102-97 1 827.071(4) 2nd Possess with intent to promote 2 any photographic material, motion 3 picture, etc., which includes 4 sexual conduct by a child. 5 843.01 3rd Resist officer with violence to 6 person; resist arrest with 7 violence. 8 874.05(2) 2nd Encouraging or recruiting another 9 to join a criminal street gang; 10 second or subsequent offense. 11 893.13(1)(a)1. 2nd Sell, manufacture, or deliver 12 cocaine (or other s. 13 893.03(1)(a), (1)(b), (1)(d), 14 (2)(a), or (2)(b) drugs). 15 893.13(1)(c)2. 2nd Sell, manufacture, or deliver 16 cannabis (or other s. 17 893.03(1)(c), (2)(c), (3), or (4) 18 drugs) within 1,000 feet of a 19 child care facility or school. 20 893.13(1)(d)1. 1st Sell, manufacture, or deliver 21 cocaine (or other s. 22 893.03(1)(a), (1)(b), (1)(d), 23 (2)(a), or (2)(b) drugs) within 24 200 feet of university, public 25 housing facility, or public park. 26 893.13(4)(b) 2nd Deliver to minor cannabis (or 27 other s. 893.03(1)(c), (2)(c), 28 (3), or (4) drugs). 29 30 31 (g) LEVEL 7 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 305 585-102-97 1 316.193(3)(c)2. 3rd DUI resulting in serious bodily 2 injury. 3 327.35(3)(c)2. 3rd Vessel BUI resulting in serious 4 bodily injury. 5 409.920(2) 3rd Medicaid provider fraud. 6 494.0018(2) 1st Conviction of any violation of 7 ss. 494.001-494.0077 in which the 8 total money and property 9 unlawfully obtained exceeded 10 $50,000 and there were five or 11 more victims. 12 782.07(1) 2nd Killing of a human being by the 13 act, procurement, or culpable 14 negligence of another 15 (manslaughter). 16 782.071(1) 3rd Killing of human being by the 17 operation of a motor vehicle in a 18 reckless manner (vehicular 19 homicide). 20 782.072(1) 3rd Killing of a human being by the 21 operation of a vessel in a 22 reckless manner (vessel 23 homicide). 24 784.045(1)(a)1. 2nd Aggravated battery; intentionally 25 causing great bodily harm or 26 disfigurement. 27 784.045(1)(a)2. 2nd Aggravated battery; using deadly 28 weapon. 29 784.045(1)(b) 2nd Aggravated battery; perpetrator 30 aware victim pregnant. 31 7 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 305 585-102-97 1 784.048(4) 3rd Aggravated stalking; violation of 2 injunction or court order. 3 784.07(2)(d) 1st Aggravated battery on law 4 enforcement officer. 5 784.08(2)(a) 1st Aggravated battery on a person 65 6 years of age or older. 7 784.081(1) 1st Aggravated battery on specified 8 official or employee. 9 784.082(1) 1st Aggravated battery by detained 10 person on visitor or other 11 detainee. 12 790.07(4) 1st Specified weapons violation 13 subsequent to previous conviction 14 of s. 790.07(1) or (2). 15 790.16(1) 1st Discharge of a machine gun under 16 specified circumstances. 17 796.03 2nd Procuring any person under 16 18 years for prostitution. 19 800.04 2nd Handle, fondle, or assault child 20 under 16 years in lewd, 21 lascivious, or indecent manner. 22 806.01(2) 2nd Maliciously damage structure by 23 fire or explosive. 24 810.02(3)(a) 2nd Burglary of occupied dwelling; 25 unarmed; no assault or battery. 26 810.02(3)(b) 2nd Burglary of unoccupied dwelling; 27 unarmed; no assault or battery. 28 810.02(3)(d) 2nd Burglary of occupied conveyance; 29 unarmed; no assault or battery. 30 31 8 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 305 585-102-97 1 812.014(2)(a) 1st Property stolen, valued at 2 $100,000 or more; property stolen 3 while causing other property 4 damage; 1st degree grand theft. 5 812.019(2) 1st Stolen property; initiates, 6 organizes, plans, etc., the theft 7 of property and traffics in 8 stolen property. 9 812.133(2)(b) 1st Carjacking; no firearm, deadly 10 weapon, or other weapon. 11 825.102(3)(b) 2nd Neglecting an elderly person or 12 disabled adult causing great 13 bodily harm, disability, or 14 disfigurement. 15 825.1025(2) 2nd Lewd or lascivious battery upon 16 an elderly person or disabled 17 adult. 18 825.103(2)(b) 2nd Exploiting an elderly person or 19 disabled adult and property is 20 valued at $20,000 or more, but 21 less than $100,000. 22 827.03(3)(b) 2nd Neglect of a child causing great 23 bodily harm, disability, or 24 disfigurement. 25 827.04(4) 3rd Impregnation of a child under 16 26 years of age by person 21 years 27 of age or older. 28 872.06 2nd Abuse of a dead human body. 29 30 31 9 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 305 585-102-97 1 893.13(1)(c)1. 1st Sell, manufacture, or deliver 2 cocaine (or other s. 3 893.03(1)(a), (1)(b), (1)(d), 4 (2)(a), or (2)(b) drugs) within 5 1,000 feet of a child care 6 facility or school. 7 893.13(4)(a) 1st Deliver to minor cocaine (or 8 other s. 893.03(1)(a), (1)(b), 9 (1)(d), (2)(a), or (2)(b) drugs). 10 893.135(1)(a)1. 1st Trafficking in cannabis, more 11 than 50 lbs., less than 2,000 12 lbs. 13 893.135 14 (1)(b)1.a. 1st Trafficking in cocaine, more than 15 28 grams, less than 200 grams. 16 893.135 17 (1)(c)1.a. 1st Trafficking in illegal drugs, 18 more than 4 grams, less than 14 19 grams. 20 893.135 21 (1)(d)1. 1st Trafficking in phencyclidine, 22 more than 28 grams, less than 200 23 grams. 24 893.135(1)(e)1. 1st Trafficking in methaqualone, more 25 than 200 grams, less than 5 26 kilograms. 27 893.135(1)(f)1. 1st Trafficking in amphetamine, more 28 than 14 grams, less than 28 29 grams. 30 Section 3. This act shall take effect October 1, 1997. 31 10 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 305 585-102-97 1 ***************************************** 2 SENATE SUMMARY 3 Prohibits the sale, manufacture, or delivery of controlled substances, or possession of controlled 4 substances with intent to sell, manufacture, or deliver, within 1,000 feet of a child care facility and ranks 5 these offenses on the offense severity ranking chart. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 11