Senate Bill 0358e2
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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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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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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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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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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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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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