Senate Bill 0358e2

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    CS for SB 358                           Second Engrossed (ntc)



  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.

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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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    CS for SB 358                           Second Engrossed (ntc)



  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,

  9

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                           Second 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.  Any person who

16  violates this paragraph with respect to:

17         1.  A controlled substance named or described in s.

18  893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b) commits a

19  felony of the first degree, punishable as provided in s.

20  775.082, s. 775.083, or s. 775.084.

21         2.  A controlled substance named or described in s.

22  893.03(1)(c), (2)(c), (3), or (4) commits a felony of the

23  second degree, punishable as provided in s. 775.082, s.

24  775.083, or s. 775.084.

25         3.  Any other controlled substance, except as lawfully

26  sold, manufactured, or delivered, must be sentenced to pay a

27  $500 fine and to serve 100 hours of public service in addition

28  to any other penalty prescribed by law.

29         Section 2.  Paragraphs (c) and (e) of subsection (3) of

30  section 921.0022, Florida Statutes, are amended to read:

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    CS for SB 358                           Second Engrossed (ntc)



  1         921.0022  Criminal Punishment Code; offense severity

  2  ranking chart.--

  3         (3)  OFFENSE SEVERITY RANKING CHART

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  5  Florida           Felony

  6  Statute           Degree             Description

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  9                              (c)  LEVEL 3

10  39.061             3rd      Escapes from juvenile facility

11                              (secure detention or residential

12                              commitment facility).

13  319.30(4)          3rd      Possession by junkyard of motor

14                              vehicle with identification

15                              number plate removed.

16  319.33(1)(a)       3rd      Alter or forge any certificate of

17                              title to a motor vehicle or

18                              mobile home.

19  319.33(1)(c)       3rd      Procure or pass title on stolen

20                              vehicle.

21  319.33(4)          3rd      With intent to defraud, possess,

22                              sell, etc., a blank, forged, or

23                              unlawfully obtained title or

24                              registration.

25  328.05(2)          3rd      Possess, sell, or counterfeit

26                              fictitious, stolen, or fraudulent

27                              titles or bills of sale of

28                              vessels.

29  328.07(4)          3rd      Manufacture, exchange, or possess

30                              vessel with counterfeit or wrong

31                              ID number.


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    CS for SB 358                           Second Engrossed (ntc)



  1  376.302(5)         3rd      Fraud related to reimbursement

  2                              for cleanup expenses under the

  3                              Inland Protection Trust Fund.

  4  501.001(2)(b)      2nd      Tampers with a consumer product

  5                              or the container using materially

  6                              false/misleading information.

  7  697.08             3rd      Equity skimming.

  8  790.15(3)          3rd      Person directs another to

  9                              discharge firearm from a vehicle.

10  796.05(1)          3rd      Live on earnings of a prostitute.

11  806.10(1)          3rd      Maliciously injure, destroy, or

12                              interfere with vehicles or

13                              equipment used in firefighting.

14  806.10(2)          3rd      Interferes with or assaults

15                              firefighter in performance of

16                              duty.

17  810.09(2)(c)       3rd      Trespass on property other than

18                              structure or conveyance armed

19                              with firearm or dangerous weapon.

20  812.014(2)(c)2.    3rd      Grand theft; $5,000 or more but

21                              less than $10,000.

22  815.04(4)(b)       2nd      Computer offense devised to

23                              defraud or obtain property.

24  817.034(4)(a)3.    3rd      Engages in scheme to defraud

25                              (Florida Communications Fraud

26                              Act), property valued at less

27                              than $20,000.

28  817.233            3rd      Burning to defraud insurer.

29  828.12(2)          3rd      Tortures any animal with intent

30                              to inflict intense pain, serious

31                              physical injury, or death.


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  1  831.29             2nd      Possession of instruments for

  2                              counterfeiting drivers' licenses.

  3  838.021(3)(b)      3rd      Threatens unlawful harm to public

  4                              servant.

  5  843.19             3rd      Injure, disable, or kill police

  6                              dog or horse.

  7  870.01(2)          3rd      Riot; inciting or encouraging.

  8  893.13(1)(a)2.     3rd      Sell, manufacture, or deliver

  9                              cannabis (or other s.

10                              893.03(1)(c), (2)(c), (3), or (4)

11                              drugs).

12  893.13(1)(d)2.     2nd      Sell, manufacture, or deliver s.

13                              893.03(1)(c), (2)(c), (3), or (4)

14                              drugs within 200 feet of

15                              university, public housing

16                              facility, or public park.

17  893.13(1)(f)2.     2nd      Sell, manufacture, or deliver s.

18                              893.03(1)(c), (2)(c), (3), or (4)

19                              drugs within 200 feet of public

20                              housing facility.

21  893.13(6)(a)       3rd      Possession of any controlled

22                              substance other than felony

23                              possession of cannabis.

24  893.13(7)(a)9.     3rd      Obtain or attempt to obtain

25                              controlled substance by fraud,

26                              forgery, misrepresentation, etc.

27  893.13(7)(a)11.    3rd      Furnish false or fraudulent

28                              material information on any

29                              document or record required by

30                              chapter 893.

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    CS for SB 358                           Second Engrossed (ntc)



  1  918.13(1)(a)       3rd      Alter, destroy, or conceal

  2                              investigation evidence.

  3  944.47

  4   (1)(a)1.-2.       3rd      Introduce contraband to

  5                              correctional facility.

  6  944.47(1)(c)       2nd      Possess contraband while upon the

  7                              grounds of a correctional

  8                              institution.

  9                              (e)  LEVEL 5

10  316.027(1)(a)      3rd      Accidents involving personal

11                              injuries, failure to stop;

12                              leaving scene.

13  316.1935(3)        3rd      Aggravated fleeing or eluding.

14  322.34(3)          3rd      Careless operation of motor

15                              vehicle with suspended license,

16                              resulting in death or serious

17                              bodily injury.

18  327.30(5)          3rd      Vessel accidents involving

19                              personal injury; leaving scene.

20  381.0041(11)(b)    3rd      Donate blood, plasma, or organs

21                              knowing HIV positive.

22  790.01(2)          3rd      Carrying a concealed firearm.

23  790.162            2nd      Threat to throw or discharge

24                              destructive device.

25  790.163            2nd      False report of deadly explosive.

26  790.165(2)         3rd      Manufacture, sell, possess, or

27                              deliver hoax bomb.

28  790.221(1)         2nd      Possession of short-barreled

29                              shotgun or machine gun.

30  790.23             2nd      Felons in possession of firearms

31                              or electronic weapons or devices.


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    CS for SB 358                           Second Engrossed (ntc)



  1  806.111(1)         3rd      Possess, manufacture, or dispense

  2                              fire bomb with intent to damage

  3                              any structure or property.

  4  812.019(1)         2nd      Stolen property; dealing in or

  5                              trafficking in.

  6  812.16(2)          3rd      Owning, operating, or conducting

  7                              a chop shop.

  8  817.034(4)(a)2.    2nd      Communications fraud, value

  9                              $20,000 to $50,000.

10  825.1025(4)        3rd      Lewd or lascivious exhibition in

11                              the presence of an elderly person

12                              or disabled adult.

13  827.071(4)         2nd      Possess with intent to promote

14                              any photographic material, motion

15                              picture, etc., which includes

16                              sexual conduct by a child.

17  843.01             3rd      Resist officer with violence to

18                              person; resist arrest with

19                              violence.

20  874.05(2)          2nd      Encouraging or recruiting another

21                              to join a criminal street gang;

22                              second or subsequent offense.

23  893.13(1)(a)1.     2nd      Sell, manufacture, or deliver

24                              cocaine (or other s.

25                              893.03(1)(a), (1)(b), (1)(d),

26                              (2)(a), or (2)(b) drugs).

27  893.13(1)(c)2.     2nd      Sell, manufacture, or deliver

28                              cannabis (or other s.

29                              893.03(1)(c), (2)(c), (3), or (4)

30                              drugs) within 1,000 feet of a

31                              school.


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    CS for SB 358                           Second Engrossed (ntc)



  1  893.13(1)(d)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                              200 feet of university, public

  6                              housing facility, or public park.

  7  893.13(1)(f)1.     1st      Sell, manufacture, or deliver

  8                              cocaine (or other s.

  9                              893.03(1)(a), (1)(b), (1)(d), or

10                              (2)(a), or (2)(b) drugs) within

11                              200 feet of public housing

12                              facility.

13  893.13(4)(b)       2nd      Deliver to minor cannabis (or

14                              other s. 893.03(1)(c), (2)(c),

15                              (3), or (4) drugs).

16         Section 3.  This act shall take effect October 1, 1998.

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