Senate Bill 0358e1
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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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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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CS for SB 358 First Engrossed (ntc)
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.
23 2. A controlled substance named or described in s.
24 893.03(1)(c), (2)(c), (3), or (4) commits a felony of the
25 second degree, punishable as provided in s. 775.082, s.
26 775.083, or s. 775.084.
27 3. Any other controlled substance, except as lawfully
28 sold, manufactured, or delivered, must be sentenced to pay a
29 $500 fine and to serve 100 hours of public service in addition
30 to any other penalty prescribed by law.
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1 Section 2. Paragraphs (c) and (e) of subsection (3) of
2 section 921.0022, Florida Statutes, are amended to read:
3 921.0022 Criminal Punishment Code; offense severity
4 ranking chart.--
5 (3) OFFENSE SEVERITY RANKING CHART
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7 Florida Felony
8 Statute Degree Description
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11 (c) LEVEL 3
12 39.061 3rd Escapes from juvenile facility
13 (secure detention or residential
14 commitment facility).
15 319.30(4) 3rd Possession by junkyard of motor
16 vehicle with identification
17 number plate removed.
18 319.33(1)(a) 3rd Alter or forge any certificate of
19 title to a motor vehicle or
20 mobile home.
21 319.33(1)(c) 3rd Procure or pass title on stolen
22 vehicle.
23 319.33(4) 3rd With intent to defraud, possess,
24 sell, etc., a blank, forged, or
25 unlawfully obtained title or
26 registration.
27 328.05(2) 3rd Possess, sell, or counterfeit
28 fictitious, stolen, or fraudulent
29 titles or bills of sale of
30 vessels.
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1 328.07(4) 3rd Manufacture, exchange, or possess
2 vessel with counterfeit or wrong
3 ID number.
4 376.302(5) 3rd Fraud related to reimbursement
5 for cleanup expenses under the
6 Inland Protection Trust Fund.
7 501.001(2)(b) 2nd Tampers with a consumer product
8 or the container using materially
9 false/misleading information.
10 697.08 3rd Equity skimming.
11 790.15(3) 3rd Person directs another to
12 discharge firearm from a vehicle.
13 796.05(1) 3rd Live on earnings of a prostitute.
14 806.10(1) 3rd Maliciously injure, destroy, or
15 interfere with vehicles or
16 equipment used in firefighting.
17 806.10(2) 3rd Interferes with or assaults
18 firefighter in performance of
19 duty.
20 810.09(2)(c) 3rd Trespass on property other than
21 structure or conveyance armed
22 with firearm or dangerous weapon.
23 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but
24 less than $10,000.
25 815.04(4)(b) 2nd Computer offense devised to
26 defraud or obtain property.
27 817.034(4)(a)3. 3rd Engages in scheme to defraud
28 (Florida Communications Fraud
29 Act), property valued at less
30 than $20,000.
31 817.233 3rd Burning to defraud insurer.
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1 828.12(2) 3rd Tortures any animal with intent
2 to inflict intense pain, serious
3 physical injury, or death.
4 831.29 2nd Possession of instruments for
5 counterfeiting drivers' licenses.
6 838.021(3)(b) 3rd Threatens unlawful harm to public
7 servant.
8 843.19 3rd Injure, disable, or kill police
9 dog or horse.
10 870.01(2) 3rd Riot; inciting or encouraging.
11 893.13(1)(a)2. 3rd Sell, manufacture, or deliver
12 cannabis (or other s.
13 893.03(1)(c), (2)(c), (3), or (4)
14 drugs).
15 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s.
16 893.03(1)(c), (2)(c), (3), or (4)
17 drugs within 200 feet of
18 university, public housing
19 facility, or public park.
20 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s.
21 893.03(1)(c), (2)(c), (3), or (4)
22 drugs within 200 feet of public
23 housing facility.
24 893.13(6)(a) 3rd Possession of any controlled
25 substance other than felony
26 possession of cannabis.
27 893.13(7)(a)9. 3rd Obtain or attempt to obtain
28 controlled substance by fraud,
29 forgery, misrepresentation, etc.
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1 893.13(7)(a)11. 3rd Furnish false or fraudulent
2 material information on any
3 document or record required by
4 chapter 893.
5 918.13(1)(a) 3rd Alter, destroy, or conceal
6 investigation evidence.
7 944.47
8 (1)(a)1.-2. 3rd Introduce contraband to
9 correctional facility.
10 944.47(1)(c) 2nd Possess contraband while upon the
11 grounds of a correctional
12 institution.
13 (e) LEVEL 5
14 316.027(1)(a) 3rd Accidents involving personal
15 injuries, failure to stop;
16 leaving scene.
17 316.1935(3) 3rd Aggravated fleeing or eluding.
18 322.34(3) 3rd Careless operation of motor
19 vehicle with suspended license,
20 resulting in death or serious
21 bodily injury.
22 327.30(5) 3rd Vessel accidents involving
23 personal injury; leaving scene.
24 381.0041(11)(b) 3rd Donate blood, plasma, or organs
25 knowing HIV positive.
26 790.01(2) 3rd Carrying a concealed firearm.
27 790.162 2nd Threat to throw or discharge
28 destructive device.
29 790.163 2nd False report of deadly explosive.
30 790.165(2) 3rd Manufacture, sell, possess, or
31 deliver hoax bomb.
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1 790.221(1) 2nd Possession of short-barreled
2 shotgun or machine gun.
3 790.23 2nd Felons in possession of firearms
4 or electronic weapons or devices.
5 806.111(1) 3rd Possess, manufacture, or dispense
6 fire bomb with intent to damage
7 any structure or property.
8 812.019(1) 2nd Stolen property; dealing in or
9 trafficking in.
10 812.16(2) 3rd Owning, operating, or conducting
11 a chop shop.
12 817.034(4)(a)2. 2nd Communications fraud, value
13 $20,000 to $50,000.
14 825.1025(4) 3rd Lewd or lascivious exhibition in
15 the presence of an elderly person
16 or disabled adult.
17 827.071(4) 2nd Possess with intent to promote
18 any photographic material, motion
19 picture, etc., which includes
20 sexual conduct by a child.
21 843.01 3rd Resist officer with violence to
22 person; resist arrest with
23 violence.
24 874.05(2) 2nd Encouraging or recruiting another
25 to join a criminal street gang;
26 second or subsequent offense.
27 893.13(1)(a)1. 2nd Sell, manufacture, or deliver
28 cocaine (or other s.
29 893.03(1)(a), (1)(b), (1)(d),
30 (2)(a), or (2)(b) drugs).
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1 893.13(1)(c)2. 2nd Sell, manufacture, or deliver
2 cannabis (or other s.
3 893.03(1)(c), (2)(c), (3), or (4)
4 drugs) within 1,000 feet of a
5 school.
6 893.13(1)(d)1. 1st Sell, manufacture, or deliver
7 cocaine (or other s.
8 893.03(1)(a), (1)(b), (1)(d),
9 (2)(a), or (2)(b) drugs) within
10 200 feet of university, public
11 housing facility, or public park.
12 893.13(1)(f)1. 1st Sell, manufacture, or deliver
13 cocaine (or other s.
14 893.03(1)(a), (1)(b), (1)(d), or
15 (2)(a), or (2)(b) drugs) within
16 200 feet of public housing
17 facility.
18 893.13(4)(b) 2nd Deliver to minor cannabis (or
19 other s. 893.03(1)(c), (2)(c),
20 (3), or (4) drugs).
21 Section 3. This act shall take effect October 1, 1998.
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