Senate Bill 0358c1
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Florida Senate - 1998 CS for SB 358
By the Committee on Criminal Justice and Senator Burt
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1 A bill to be entitled
2 An act relating to controlled substances;
3 amending s. 893.13, F.S., relating to
4 prohibitions against selling, manufacturing, or
5 delivering, or possessing with intent to sell,
6 manufacture, or deliver, controlled substances
7 within 200 feet of the real property comprising
8 a public housing facility; defining "real
9 property comprising a public housing facility";
10 providing penalties; amending s. 921.022, F.S.;
11 ranking such offenses on the offense severity
12 ranking chart of the Criminal Punishment Code;
13 providing an effective date.
14
15 WHEREAS, the Florida Supreme Court in Brown v. State,
16 629 So.2d 841 (Fla. 1994), held that section 893.13(1)(i),
17 Florida Statutes, 1990 Supplement, relating to enhanced
18 penalties for selling, manufacturing, or delivering, or
19 possessing with intent to sell, manufacture, or deliver,
20 controlled substances within 200 feet of a public housing
21 facility, was unconstitutionally vague because the phrase
22 "public housing facility" did not give adequate notice of what
23 conduct was prohibited, and
24 WHEREAS, the court noted that although the phrase was
25 not defined in the statutory section, the term "housing
26 project" had been defined for purposes of a similar statute in
27 Georgia, relating to prohibitions against drug transactions
28 within 1,000 feet of a publicly operated housing project, and
29 WHEREAS, the court also noted that analogous language
30 in s. 893.13(1)(e), providing for enhanced penalties for
31 certain drug offenses that occur within 1,000 feet of a public
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Florida Senate - 1998 CS for SB 358
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1 or private elementary, middle, or secondary school, gave a
2 clearer indication of the conduct prohibited, in comparison to
3 the language of s. 893.139(1)(i), and
4 WHEREAS, it is appropriate to deter and punish drug
5 offenses against children or other vulnerable persons in or
6 near housing projects with penalties equal in severity to
7 those imposed for drug offenses against children and other
8 victims in or near schools, NOW, THEREFORE,
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10 Be It Enacted by the Legislature of the State of Florida:
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12 Section 1. Paragraph (d) of subsection (1) of section
13 893.13, Florida Statutes, is amended, and paragraph (f) is
14 added to said subsection, to read:
15 893.13 Prohibited acts; penalties.--
16 (1)
17 (d) Except as authorized by this chapter, it is
18 unlawful for any person to sell, manufacture, or deliver, or
19 possess with intent to sell, manufacture, or deliver, a
20 controlled substance in, on, or within 200 feet of the real
21 property comprising a public housing facility, within 200 feet
22 of the real property comprising a public or private college,
23 university, or other postsecondary educational institution, or
24 within 200 feet of any public park. Any person who violates
25 this paragraph with respect to:
26 1. A controlled substance named or described in s.
27 893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b) commits a
28 felony of the first degree, punishable as provided in s.
29 775.082, s. 775.083, or s. 775.084.
30 2. A controlled substance named or described in s.
31 893.03(1)(c), (2)(c), (3), or (4) commits a felony of the
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Florida Senate - 1998 CS for SB 358
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1 second degree, punishable as provided in s. 775.082, s.
2 775.083, or s. 775.084.
3 3. Any other controlled substance, except as lawfully
4 sold, manufactured, or delivered, must be sentenced to pay a
5 $500 fine and to serve 100 hours of public service in addition
6 to any other penalty prescribed by law.
7 (f) Except as authorized by this chapter, it is
8 unlawful for any person to sell, manufacture, or deliver, or
9 possess with intent to sell, manufacture, or deliver, a
10 controlled substance in, on, or within 200 feet of the real
11 property comprising a public housing facility at any time. For
12 purposes of this section, the term "real property comprising a
13 public housing facility" means real property, as defined in s.
14 421.03(12), of a public corporation created as a housing
15 authority pursuant to part I of chapter 421 or any facility
16 constituting single or multifamily dwelling units occupied by
17 persons of low income as defined in s. 421.03(10). Any person
18 who violates this paragraph with respect to:
19 1. A controlled substance named or described in s.
20 893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b) commits a
21 felony of the first degree, punishable as provided in s.
22 775.082, s. 775.083, or s. 775.084. The defendant must be
23 sentenced to a minimum term of imprisonment of 3 calendar
24 years.
25 2. A controlled substance named or described in s.
26 893.03(1)(c), (2)(c), (3), or (4) commits a felony of the
27 second degree, punishable as provided in s. 775.082, s.
28 775.083, or s. 775.084.
29 3. Any other controlled substance, except as lawfully
30 sold, manufactured, or delivered, must be sentenced to pay a
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Florida Senate - 1998 CS for SB 358
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1 $500 fine and to serve 100 hours of public service in addition
2 to any other penalty prescribed by law.
3 Section 2. Paragraphs (c) and (e) of subsection (3) of
4 section 921.0022, Florida Statutes, are amended to read:
5 921.0022 Criminal Punishment Code; offense severity
6 ranking chart.--
7 (3) OFFENSE SEVERITY RANKING CHART
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9 Florida Felony
10 Statute Degree Description
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13 (c) LEVEL 3
14 39.061 3rd Escapes from juvenile facility
15 (secure detention or residential
16 commitment facility).
17 319.30(4) 3rd Possession by junkyard of motor
18 vehicle with identification
19 number plate removed.
20 319.33(1)(a) 3rd Alter or forge any certificate of
21 title to a motor vehicle or
22 mobile home.
23 319.33(1)(c) 3rd Procure or pass title on stolen
24 vehicle.
25 319.33(4) 3rd With intent to defraud, possess,
26 sell, etc., a blank, forged, or
27 unlawfully obtained title or
28 registration.
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1 328.05(2) 3rd Possess, sell, or counterfeit
2 fictitious, stolen, or fraudulent
3 titles or bills of sale of
4 vessels.
5 328.07(4) 3rd Manufacture, exchange, or possess
6 vessel with counterfeit or wrong
7 ID number.
8 376.302(5) 3rd Fraud related to reimbursement
9 for cleanup expenses under the
10 Inland Protection Trust Fund.
11 501.001(2)(b) 2nd Tampers with a consumer product
12 or the container using materially
13 false/misleading information.
14 697.08 3rd Equity skimming.
15 790.15(3) 3rd Person directs another to
16 discharge firearm from a vehicle.
17 796.05(1) 3rd Live on earnings of a prostitute.
18 806.10(1) 3rd Maliciously injure, destroy, or
19 interfere with vehicles or
20 equipment used in firefighting.
21 806.10(2) 3rd Interferes with or assaults
22 firefighter in performance of
23 duty.
24 810.09(2)(c) 3rd Trespass on property other than
25 structure or conveyance armed
26 with firearm or dangerous weapon.
27 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but
28 less than $10,000.
29 815.04(4)(b) 2nd Computer offense devised to
30 defraud or obtain property.
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1 817.034(4)(a)3. 3rd Engages in scheme to defraud
2 (Florida Communications Fraud
3 Act), property valued at less
4 than $20,000.
5 817.233 3rd Burning to defraud insurer.
6 828.12(2) 3rd Tortures any animal with intent
7 to inflict intense pain, serious
8 physical injury, or death.
9 831.29 2nd Possession of instruments for
10 counterfeiting drivers' licenses.
11 838.021(3)(b) 3rd Threatens unlawful harm to public
12 servant.
13 843.19 3rd Injure, disable, or kill police
14 dog or horse.
15 870.01(2) 3rd Riot; inciting or encouraging.
16 893.13(1)(a)2. 3rd Sell, manufacture, or deliver
17 cannabis (or other s.
18 893.03(1)(c), (2)(c), (3), or (4)
19 drugs).
20 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s.
21 893.03(1)(c), (2)(c), (3), or (4)
22 drugs within 200 feet of
23 university, public housing
24 facility, or public park.
25 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s.
26 893.03(1)(c), (2)(c), (3), or (4)
27 drugs within 200 feet of public
28 housing facility.
29 893.13(6)(a) 3rd Possession of any controlled
30 substance other than felony
31 possession of cannabis.
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1 893.13(7)(a)9. 3rd Obtain or attempt to obtain
2 controlled substance by fraud,
3 forgery, misrepresentation, etc.
4 893.13(7)(a)11. 3rd Furnish false or fraudulent
5 material information on any
6 document or record required by
7 chapter 893.
8 918.13(1)(a) 3rd Alter, destroy, or conceal
9 investigation evidence.
10 944.47
11 (1)(a)1.-2. 3rd Introduce contraband to
12 correctional facility.
13 944.47(1)(c) 2nd Possess contraband while upon the
14 grounds of a correctional
15 institution.
16 (e) LEVEL 5
17 316.027(1)(a) 3rd Accidents involving personal
18 injuries, failure to stop;
19 leaving scene.
20 316.1935(3) 3rd Aggravated fleeing or eluding.
21 322.34(3) 3rd Careless operation of motor
22 vehicle with suspended license,
23 resulting in death or serious
24 bodily injury.
25 327.30(5) 3rd Vessel accidents involving
26 personal injury; leaving scene.
27 381.0041(11)(b) 3rd Donate blood, plasma, or organs
28 knowing HIV positive.
29 790.01(2) 3rd Carrying a concealed firearm.
30 790.162 2nd Threat to throw or discharge
31 destructive device.
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Florida Senate - 1998 CS for SB 358
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1 790.163 2nd False report of deadly explosive.
2 790.165(2) 3rd Manufacture, sell, possess, or
3 deliver hoax bomb.
4 790.221(1) 2nd Possession of short-barreled
5 shotgun or machine gun.
6 790.23 2nd Felons in possession of firearms
7 or electronic weapons or devices.
8 806.111(1) 3rd Possess, manufacture, or dispense
9 fire bomb with intent to damage
10 any structure or property.
11 812.019(1) 2nd Stolen property; dealing in or
12 trafficking in.
13 812.16(2) 3rd Owning, operating, or conducting
14 a chop shop.
15 817.034(4)(a)2. 2nd Communications fraud, value
16 $20,000 to $50,000.
17 825.1025(4) 3rd Lewd or lascivious exhibition in
18 the presence of an elderly person
19 or disabled adult.
20 827.071(4) 2nd Possess with intent to promote
21 any photographic material, motion
22 picture, etc., which includes
23 sexual conduct by a child.
24 843.01 3rd Resist officer with violence to
25 person; resist arrest with
26 violence.
27 874.05(2) 2nd Encouraging or recruiting another
28 to join a criminal street gang;
29 second or subsequent offense.
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1 893.13(1)(a)1. 2nd 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).
5 893.13(1)(c)2. 2nd Sell, manufacture, or deliver
6 cannabis (or other s.
7 893.03(1)(c), (2)(c), (3), or (4)
8 drugs) within 1,000 feet of a
9 school.
10 893.13(1)(d)1. 1st Sell, manufacture, or deliver
11 cocaine (or other s.
12 893.03(1)(a), (1)(b), (1)(d),
13 (2)(a), or (2)(b) drugs) within
14 200 feet of university, public
15 housing facility, or public park.
16 893.13(1)(f)1. 1st Sell, manufacture, or deliver
17 cocaine (or other s.
18 893.03(1)(a), (1)(b), (1)(d), or
19 (2)(a), or (2)(b) drugs) within
20 200 feet of public housing
21 facility.
22 893.13(4)(b) 2nd Deliver to minor cannabis (or
23 other s. 893.03(1)(c), (2)(c),
24 (3), or (4) drugs).
25 Section 3. This act shall take effect October 1, 1998.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 358
3
4 . Deletes a reference to "housing project" from the
definition of "real property comprising the public
5 housing facility."
6 . Deletes "handicapped or elderly persons" single or
multifamily dwelling units from the definition of "real
7 property comprising the public housing facility."
8 . Deletes old references to public housing facilities from
the Offense Severity Ranking Chart in the Florida
9 Punishment Code and it ranks the new enhancement
provisions in the Offense Severity Ranking Chart as
10 follows: An offense enhanced to a first degree felony is
placed in level 5; an offense enhanced to a second degree
11 felony is placed in level 3.
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