House Bill 4419

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    Florida House of Representatives - 1998                HB 4419

        By Representative Jones






  1                      A bill to be entitled

  2         An act relating to controlled substances;

  3         amending s. 893.03, F.S.; adding ketamine

  4         hydrochloride to the list of Schedule II

  5         controlled substances; providing penalties;

  6         providing that there is a presumption of the

  7         presence of gamma-hydroxy-butyrate when certain

  8         conditions are met in testing therefor;

  9         amending ss. 316.193, 327.35, 415.503, 440.102,

10         458.326, 465.035, 766.101, 817.563, 831.31,

11         856.015, 893.02, 893.0356, 893.08, 893.12,

12         893.13, 921.0022, F.S., to incorporate the

13         amendment of s. 893.03, F.S., in

14         cross-references; providing an effective date.

15

16  Be It Enacted by the Legislature of the State of Florida:

17

18         Section 1.  Paragraphs (a) and (b) of subsection (2) of

19  section 893.03, Florida Statutes, are amended to read:

20         893.03  Standards and schedules.--The substances

21  enumerated in this section are controlled by this chapter.

22  The controlled substances listed or to be listed in Schedules

23  I, II, III, IV, and V are included by whatever official,

24  common, usual, chemical, or trade name designated.  The

25  provisions of this section shall not be construed to include

26  within any of the schedules contained in this section any

27  excluded drugs listed within the purview of 21 C.F.R. s.

28  1308.22, styled "Excluded Substances"; 21 C.F.R. s. 1308.24,

29  styled "Exempt Chemical Preparations"; 21 C.F.R. s. 1308.32,

30  styled "Exempted Prescription Products"; or 21 C.F.R. s.

31  1308.34, styled "Exempt Anabolic Steroid Products."

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  1         (2)  SCHEDULE II.--A substance in Schedule II has a

  2  high potential for abuse and has a currently accepted but

  3  severely restricted medical use in treatment in the United

  4  States, and abuse of the substance may lead to severe

  5  psychological or physical dependence.  The following

  6  substances are controlled in Schedule II:

  7         (a)  Unless specifically excepted or unless listed in

  8  another schedule, any of the following substances, whether

  9  produced directly or indirectly by extraction from substances

10  of vegetable origin or independently by means of chemical

11  synthesis:

12         1.  Opium and any salt, compound, derivative, or

13  preparation of opium, except nalmefene or isoquinoline

14  alkaloids of opium, including, but not limited to the

15  following:

16         a.  Raw opium.

17         b.  Opium extracts.

18         c.  Opium fluid extracts.

19         d.  Powdered opium.

20         e.  Granulated opium.

21         f.  Tincture of opium.

22         g.  Codeine.

23         h.  Ethylmorphine.

24         i.  Etorphine hydrochloride.

25         j.  Hydrocodone.

26         k.  Hydromorphone.

27         l.  Levo-alphacetylmethadol (also known as

28  levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM).

29         m.  Metopon (methyldihydromorphinone).

30         n.  Morphine.

31         o.  Oxycodone.

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  1         p.  Oxymorphone.

  2         q.  Thebaine.

  3         2.  Any salt, compound, derivative, or preparation of a

  4  substance which is chemically equivalent to or identical with

  5  any of the substances referred to in subparagraph 1., except

  6  that these substances shall not include the isoquinoline

  7  alkaloids of opium.

  8         3.  Any part of the plant of the species Papaver

  9  somniferum, L.

10         4.  Cocaine or ecgonine, including any of their

11  stereoisomers, and any salt, compound, derivative, or

12  preparation of cocaine or ecgonine.

13         5.  Dronabinol (synthetic THC) in sesame oil and

14  encapsulated in a soft gelatin capsule in a U.S. Food and Drug

15  Administration approved drug product.

16         6.  Gamma-hydroxy-butyrate (GHB). If an unknown sample

17  is submitted for analysis and the pH is less than 7.0, the

18  presence of gamma butyrolactone is sufficient to establish

19  that the unknown sample contains gamma-hydroxy-butyrate (GHB).

20         (b)  Unless specifically excepted or unless listed in

21  another schedule, any of the following substances, including

22  their isomers, esters, ethers, salts, and salts of isomers,

23  esters, and ethers, whenever the existence of such isomers,

24  esters, ethers, and salts is possible within the specific

25  chemical designation:

26         1.  Alfentanil.

27         2.  Alphaprodine.

28         3.  Anileridine.

29         4.  Bezitramide.

30         5.  Bulk dextropropoxyphene (nondosage forms).

31         6.  Carfentanil.

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  1         7.  Dihydrocodeine.

  2         8.  Diphenoxylate.

  3         9.  Fentanyl.

  4         10.  Isomethadone.

  5         11.  Ketamine hydrochloride.

  6         12.11.  Levomethorphan.

  7         13.12.  Levorphanol.

  8         14.13.  Metazocine.

  9         15.14.  Methadone.

10         16.15.  Methadone-Intermediate,4-cyano-2-dimethylamino

11  -4,4-diphenylbutane.

12         17.16.  Moramide-Intermediate,2-methyl-3-morpholoino-1,

13  1-diphenylpropane-carboxylic acid.

14         18.17.  Nabilone.

15         19.18.  Pethidine (meperidine).

16         20.19.  Pethidine-Intermediate-A,4-cyano-1-methyl-4-

17  phenylpiperidine.

18         21.20.  Pethidine-Intermediate-B,ethyl-4-

19  phenylpiperidine-4-carboxylate.

20         22.21.  Pethidine-Intermediate-C,1-methyl-4-

21  phenylpiperidine-4-carboxylic acid.

22         23.22.  Phenazocine.

23         24.23.  Phencyclidine.

24         25.24.  1-Phenylcyclohexylamine.

25         26.25.  Piminodine.

26         27.26.  1-Piperidinocyclohexanecarbonitrile.

27         28.27.  Racemethorphan.

28         29.28.  Racemorphan.

29         30.29.  Sufentanil.

30         Section 2.  For the purpose of incorporating the

31  amendments to section 893.03, Florida Statutes, in references

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  1  thereto, subsection (5) of section 316.193, Florida Statutes,

  2  is reenacted to read:

  3         316.193  Driving under the influence; penalties.--

  4         (5)  The court shall place any offender convicted of

  5  violating this section on monthly reporting probation and

  6  shall require attendance at a substance abuse course licensed

  7  by the department; and the agency conducting the course may

  8  refer the offender to an authorized service provider for

  9  substance abuse evaluation and treatment, in addition to any

10  sentence or fine imposed under this section.  The offender

11  shall assume reasonable costs for such education, evaluation,

12  and treatment, with completion of all such education,

13  evaluation, and treatment being a condition of reporting

14  probation. Treatment resulting from a psychosocial evaluation

15  may not be waived without a supporting psychosocial evaluation

16  conducted by an agency appointed by the court and with access

17  to the original evaluation.  The offender shall bear the cost

18  of this procedure.  The term "substance abuse" means the abuse

19  of alcohol or any substance named or described in Schedules I

20  through V of s. 893.03.  If an offender referred to treatment

21  under this subsection fails to report for or complete such

22  treatment or fails to complete the substance abuse education

23  course, the DUI program shall notify the court and the

24  department of the failure.  Upon receipt of the notice, the

25  department shall cancel the offender's driving privilege.  The

26  department shall reinstate the driving privilege when the

27  offender completes the substance abuse education course or

28  enters treatment required under this subsection.  The

29  organization that conducts the substance abuse education and

30  evaluation may not provide required substance abuse treatment

31  unless a waiver has been granted to that organization by the

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  1  department.  A waiver may be granted only if the department

  2  determines, in accordance with its rules, that the service

  3  provider that conducts the substance abuse education and

  4  evaluation is the most appropriate service provider and is

  5  licensed under chapter 397 or is exempt from such licensure.

  6  All DUI treatment programs providing treatment services on

  7  January 1, 1994, shall be allowed to continue to provide such

  8  services until the department determines whether a waiver

  9  should be granted. A statistical referral report shall be

10  submitted quarterly to the department by each organization

11  authorized to provide services under this section.

12         Section 3.  For the purpose of incorporating the

13  amendments to section 893.03, Florida Statutes, in references

14  thereto, subsection (5) of section 327.35, Florida Statutes,

15  is reenacted to read:

16         327.35  Boating under the influence; penalties.--

17         (5)  In addition to any sentence or fine, the court

18  shall place any offender convicted of violating this section

19  on monthly reporting probation and shall require attendance at

20  a substance abuse course specified by the court; and the

21  agency conducting the course may refer the offender to an

22  authorized service provider for substance abuse evaluation and

23  treatment, in addition to any sentence or fine imposed under

24  this section.  The offender shall assume reasonable costs for

25  such education, evaluation, and treatment, with completion of

26  all such education, evaluation, and treatment being a

27  condition of reporting probation.  Treatment resulting from a

28  psychosocial evaluation may not be waived without a supporting

29  psychosocial evaluation conducted by an agency appointed by

30  the court and with access to the original evaluation.  The

31  offender shall bear the cost of this procedure.  The term

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  1  "substance abuse" means the abuse of alcohol or any substance

  2  named or described in Schedules I through V of s. 893.03.

  3         Section 4.  For the purpose of incorporating the

  4  amendments to section 893.03, Florida Statutes, in references

  5  thereto, paragraphs (a) and (g) of subsection (9) of section

  6  415.503, Florida Statutes, are reenacted to read:

  7         415.503  Definitions of terms used in ss.

  8  415.502-415.514.--As used in ss. 415.502-415.514:

  9         (9)  "Harm" to a child's health or welfare can occur

10  when the parent or other person responsible for the child's

11  welfare:

12         (a)  Inflicts, or allows to be inflicted, upon the

13  child physical, mental, or emotional injury. In determining

14  whether harm has occurred, the following factors must be

15  considered in evaluating any physical, mental, or emotional

16  injury to a child: the age of the child; any prior history of

17  injuries to the child; the location of the injury on the body

18  of the child; the multiplicity of the injury; and the type of

19  trauma inflicted. Such injury includes, but is not limited to:

20         1.  Willful acts that produce the following specific

21  injuries:

22         a.  Sprains, dislocations, or cartilage damage.

23         b.  Bone or skull fractures.

24         c.  Brain or spinal cord damage.

25         d.  Intracranial hemorrhage or injury to other internal

26  organs.

27         e.  Asphyxiation, suffocation, or drowning.

28         f.  Injury resulting from the use of a deadly weapon.

29         g.  Burns or scalding.

30         h.  Cuts, lacerations, punctures, or bites.

31         i.  Permanent or temporary disfigurement.

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  1         j.  Permanent or temporary loss or impairment of a body

  2  part or function.

  3

  4  As used in this subparagraph, the term "willful" refers to the

  5  intent to perform an action, not to the intent to achieve a

  6  result or to cause an injury.

  7         2.  Purposely giving a child poison, alcohol, drugs, or

  8  other substances that substantially affect the child's

  9  behavior, motor coordination, or judgment or that result in

10  sickness or internal injury.  For the purposes of this

11  subparagraph, the term "drugs" means prescription drugs not

12  prescribed for the child or not administered as prescribed,

13  and controlled substances as outlined in Schedule I or

14  Schedule II of s. 893.03.

15         3.  Leaving a child without adult supervision or

16  arrangement appropriate for the child's age or mental or

17  physical condition, so that the child is unable to care for

18  the child's own needs or another's basic needs or is unable to

19  exercise good judgment in responding to any kind of physical

20  or emotional crisis.

21         4.  Inappropriate or excessively harsh disciplinary

22  action that is likely to result in physical injury, mental

23  injury as defined in this section, or emotional injury.  The

24  significance of any injury must be evaluated in light of the

25  following factors: the age of the child, any prior history of

26  injuries to the child, the location of the injury on the body

27  of the child, the multiplicity of the injury, and the type of

28  trauma inflicted.  Corporal discipline may be considered

29  excessive or abusive when it results in any of the following

30  or other similar injuries:

31         a.  Sprains, dislocations, or cartilage damage.

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  1         b.  Bone or skull fractures.

  2         c.  Brain or spinal cord damage.

  3         d.  Intracranial hemorrhage or injury to other internal

  4  organs.

  5         e.  Asphyxiation, suffocation, or drowning.

  6         f.  Injury resulting from the use of a deadly weapon.

  7         g.  Burns or scalding.

  8         h.  Cuts, lacerations, punctures, or bites.

  9         i.  Permanent or temporary disfigurement.

10         j.  Permanent or temporary loss or impairment of a body

11  part or function.

12         k.  Significant bruises or welts.

13         (g)  Exposes a child to a controlled substance or

14  alcohol. Exposure to a controlled substance or alcohol is

15  established by:

16         1.  Use by the mother of a controlled substance or

17  alcohol during pregnancy when the child, at birth, is

18  demonstrably adversely affected by such usage; or

19         2.  Continued chronic and severe use of a controlled

20  substance or alcohol by a parent when the child is

21  demonstrably adversely affected by such usage. As used in this

22  paragraph, the term "controlled substance" means prescription

23  drugs not prescribed for the parent or not administered as

24  prescribed and controlled substances as outlined in Schedule I

25  or Schedule II of s. 893.03.

26

27  The parent of a newborn infant may not be subject to criminal

28  investigation solely on the basis of the positive drug

29  toxicology of a newborn infant.

30         Section 5.  For the purpose of incorporating the

31  amendments to section 893.03, Florida Statutes, in references

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  1  thereto, paragraph (b) of subsection (11) of section 440.102,

  2  Florida Statutes, is reenacted to read:

  3         440.102  Drug-free workplace program requirements.--The

  4  following provisions apply to a drug-free workplace program

  5  implemented pursuant to law or to rules adopted by the Agency

  6  for Health Care Administration:

  7         (11)  PUBLIC EMPLOYEES IN SAFETY-SENSITIVE OR

  8  SPECIAL-RISK POSITIONS.--

  9         (b)  An employee who is employed by a public employer

10  in a special-risk position may be discharged or disciplined by

11  a public employer for the first positive confirmed test result

12  if the drug confirmed is an illicit drug under s. 893.03. A

13  special-risk employee who is participating in an employee

14  assistance program or drug rehabilitation program may not be

15  allowed to continue to work in any special-risk or

16  safety-sensitive position of the public employer, but may be

17  assigned to a position other than a safety-sensitive position

18  or placed on leave while the employee is participating in the

19  program. However, the employee shall be permitted to use any

20  accumulated annual leave credits before leave may be ordered

21  without pay.

22         Section 6.  For the purpose of incorporating the

23  amendments to section 893.03, Florida Statutes, in references

24  thereto, subsection (3) of section 458.326, Florida Statutes,

25  is reenacted to read:

26         458.326  Intractable pain; authorized treatment.--

27         (3)  Notwithstanding any other provision of law, a

28  physician may prescribe or administer any controlled substance

29  under Schedules II-V, as provided for in s. 893.03, to a

30  person for the treatment of intractable pain, provided the

31  physician does so in accordance with that level of care,

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  1  skill, and treatment recognized by a reasonably prudent

  2  physician under similar conditions and circumstances.

  3         Section 7.  For the purpose of incorporating the

  4  amendments to section 893.03, Florida Statutes, in references

  5  thereto, subsection (2) of section 465.035, Florida Statutes,

  6  is reenacted to read:

  7         465.035  Dispensing of medicinal drugs pursuant to

  8  facsimile of prescription.--

  9         (2)  Controlled substances listed in Schedule II as

10  defined in s. 893.03(2) may be dispensed as provided in this

11  section to the extent allowed by 21 C.F.R. s. 1306.11.

12         Section 8.  For the purpose of incorporating the

13  amendments to section 893.03, Florida Statutes, in references

14  thereto, paragraph (a) of subsection (3) of section 766.101,

15  Florida Statutes, is reenacted to read:

16         766.101  Medical review committee, immunity from

17  liability.--

18         (3)(a)  There shall be no monetary liability on the

19  part of, and no cause of action for damages shall arise

20  against, any member of a duly appointed medical review

21  committee, or any health care provider furnishing any

22  information, including information concerning the prescribing

23  of substances listed in s. 893.03(2), to such committee, or

24  any person, including any person acting as a witness, incident

25  reporter to, or investigator for, a medical review committee,

26  for any act or proceeding undertaken or performed within the

27  scope of the functions of any such committee if the committee

28  member or health care provider acts without intentional fraud.

29         Section 9.  For the purpose of incorporating the

30  amendments to section 893.03, Florida Statutes, in references

31

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  1  thereto, section 817.563, Florida Statutes, is reenacted to

  2  read:

  3         817.563  Controlled substance named or described in s.

  4  893.03; sale of substance in lieu thereof.--It is unlawful for

  5  any person to agree, consent, or in any manner offer to

  6  unlawfully sell to any person a controlled substance named or

  7  described in s. 893.03 and then sell to such person any other

  8  substance in lieu of such controlled substance. Any person who

  9  violates this section with respect to:

10         (1)  A controlled substance named or described in s.

11  893.03(1), (2), (3), or (4) is guilty of a felony of the third

12  degree, punishable as provided in s. 775.082, s. 775.083, or

13  s. 775.084.

14         (2)  A controlled substance named or described in s.

15  893.03(5) is guilty of a misdemeanor of the second degree,

16  punishable as provided in s. 775.082 or s. 775.083.

17         Section 10.  For the purpose of incorporating the

18  amendments to section 893.03, Florida Statutes, in references

19  thereto, section 831.31, Florida Statutes, is reenacted to

20  read:

21         831.31  Counterfeit controlled substance; sale,

22  manufacture, delivery, or possession with intent to sell,

23  manufacture, or deliver.--

24         (1)  It is unlawful for any person to sell,

25  manufacture, or deliver, or to possess with intent to sell,

26  manufacture, or deliver, a counterfeit controlled substance.

27  Any person who violates this subsection with respect to:

28         (a)  A controlled substance named or described in s.

29  893.03(1), (2), (3), or (4) is guilty of a felony of the third

30  degree, punishable as provided in s. 775.082, s. 775.083, or

31  s. 775.084.

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  1         (b)  A controlled substance named or described in s.

  2  893.03(5) is guilty of a misdemeanor of the second degree,

  3  punishable as provided in s. 775.082 or s. 775.083.

  4         (2)  For purposes of this section, "counterfeit

  5  controlled substance" means:

  6         (a)  A controlled substance named or described in s.

  7  893.03 which, or the container or labeling of which, without

  8  authorization bears the trademark, trade name, or other

  9  identifying mark, imprint, or number, or any likeness thereof,

10  of a manufacturer other than the person who in fact

11  manufactured the controlled substance; or

12         (b)  Any substance which is falsely identified as a

13  controlled substance named or described in s. 893.03.

14         Section 11.  For the purpose of incorporating the

15  amendments to section 893.03, Florida Statutes, in references

16  thereto, paragraph (d) of subsection (1) of section 856.015,

17  Florida Statutes, is reenacted to read:

18         856.015  Open house parties.--

19         (1)  Definitions.--As used in this section:

20         (d)  "Drug" means a controlled substance, as that term

21  is defined in ss. 893.02(4) and 893.03.

22         Section 12.  For the purpose of incorporating the

23  amendments to section 893.03, Florida Statutes, in references

24  thereto, subsection (4) of section 893.02, Florida Statutes,

25  is reenacted to read:

26         893.02  Definitions.--The following words and phrases

27  as used in this chapter shall have the following meanings,

28  unless the context otherwise requires:

29         (4)  "Controlled substance" means any substance named

30  or described in Schedules I through V of s. 893.03.  Laws

31  controlling the manufacture, distribution, preparation,

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  1  dispensing, or administration of such substances are drug

  2  abuse laws.

  3         Section 13.  For the purpose of incorporating the

  4  amendments to section 893.03, Florida Statutes, in references

  5  thereto, paragraph (a) of subsection (2) of section 893.0356,

  6  Florida Statutes, is reenacted to read:

  7         893.0356  Control of new substances; findings of fact;

  8  "controlled substance analog" defined.--

  9         (2)(a)  As used in this section, "controlled substance

10  analog" means a substance which, due to its chemical structure

11  and potential for abuse, meets the following criteria:

12         1.  Is substantially similar to that of a controlled

13  substance listed in Schedule I or Schedule II of s. 893.03;

14  and

15         2.  Has a stimulant, depressant, or hallucinogenic

16  effect on the central nervous system or is represented or

17  intended to have a stimulant, depressant, or hallucinogenic

18  effect on the central nervous system substantially similar to

19  or greater than that of a controlled substance listed in

20  Schedule I or Schedule II of s. 893.03.

21         Section 14.  For the purpose of incorporating the

22  amendments to section 893.03, Florida Statutes, in references

23  thereto, paragraph (b) of subsection (1) of section 893.08,

24  Florida Statutes, is reenacted to read:

25         893.08  Exceptions.--

26         (1)  The following may be distributed at retail without

27  a prescription, but only by a registered pharmacist:

28         (b)  Any compound, mixture, or preparation containing

29  any depressant or stimulant substance described in s.

30  893.03(2)(a) or (c) except any amphetamine drug or

31  sympathomimetic amine drug or compound designated as a

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  1  Schedule II controlled substance pursuant to this chapter; in

  2  s. 893.03(3)(a); or in Schedule IV, if:

  3         1.  The compound, mixture, or preparation contains one

  4  or more active medicinal ingredients not having depressant or

  5  stimulant effect on the central nervous system, and

  6         2.  Such ingredients are included therein in such

  7  combinations, quantity, proportion, or concentration as to

  8  vitiate the potential for abuse of the controlled substances

  9  which do have a depressant or stimulant effect on the central

10  nervous system.

11         Section 15.  For the purpose of incorporating the

12  amendments to section 893.03, Florida Statutes, in references

13  thereto, paragraphs (b), (c), and (d) of subsection (2) of

14  section 893.12, Florida Statutes, are reenacted to read:

15         893.12  Contraband; seizure, forfeiture, sale.--

16         (2)

17         (b)  All real property, including any right, title,

18  leasehold interest, and other interest in the whole of any lot

19  or tract of land and any appurtenances or improvements, which

20  real property is used, or intended to be used, in any manner

21  or part, to commit or to facilitate the commission of, or

22  which real property is acquired with proceeds obtained as a

23  result of, a violation of any provision of this chapter

24  related to a controlled substance described in s. 893.03(1) or

25  (2) may be seized and forfeited as provided by the Florida

26  Contraband Forfeiture Act except that no property shall be

27  forfeited under this paragraph to the extent of an interest of

28  an owner or lienholder by reason of any act or omission

29  established by that owner or lienholder to have been committed

30  or omitted without the knowledge or consent of that owner or

31  lienholder.

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  1         (c)  All moneys, negotiable instruments, securities,

  2  and other things of value furnished or intended to be

  3  furnished by any person in exchange for a controlled substance

  4  described in s. 893.03(1) or (2) or a listed chemical in

  5  violation of any provision of this chapter, all proceeds

  6  traceable to such an exchange, and all moneys, negotiable

  7  instruments, and securities used or intended to be used to

  8  facilitate any violation of any provision of this chapter or

  9  which are acquired with proceeds obtained in violation of any

10  provision of this chapter may be seized and forfeited as

11  provided by the Florida Contraband Forfeiture Act, except that

12  no property shall be forfeited under this paragraph to the

13  extent of an interest of an owner or lienholder by reason of

14  any act or omission established by that owner or lienholder to

15  have been committed or omitted without the knowledge or

16  consent of that owner or lienholder.

17         (d)  All books, records, and research, including

18  formulas, microfilm, tapes, and data which are used, or

19  intended for use, or which are acquired with proceeds

20  obtained, in violation of any provision of this chapter

21  related to a controlled substance described in s. 893.03(1) or

22  (2) or a listed chemical may be seized and forfeited as

23  provided by the Florida Contraband Forfeiture Act.

24         Section 16.  For the purpose of incorporating the

25  amendments to section 893.03, Florida Statutes, in references

26  thereto, subsection (1), paragraph (a) of subsection (2),

27  paragraph (a) of subsection (4), paragraph (a) of subsection

28  (5), and subsection (7) of section 893.13, Florida Statutes,

29  are reenacted to read:

30         893.13  Prohibited acts; penalties.--

31

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  1         (1)(a)  Except as authorized by this chapter and

  2  chapter 499, it is unlawful for any person to sell,

  3  manufacture, or deliver, or possess with intent to sell,

  4  manufacture, or deliver, a controlled substance.  Any person

  5  who violates this provision with respect to:

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

  7  893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b) commits a

  8  felony of the second degree, punishable as provided in s.

  9  775.082, s. 775.083, or s. 775.084.

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

11  893.03(1)(c), (2)(c), (3), or (4) commits a felony of the

12  third degree, punishable as provided in s. 775.082, s.

13  775.083, or s. 775.084.

14         3.  A controlled substance named or described in s.

15  893.03(5) commits a misdemeanor of the first degree,

16  punishable as provided in s. 775.082 or s. 775.083.

17         (b)  Except as provided in this chapter, it is unlawful

18  to sell or deliver in excess of 10 grams of any substance

19  named or described in s. 893.03(1)(a) or (1)(b), or any

20  combination thereof, or any mixture containing any such

21  substance. Any person who violates this paragraph commits a

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

23  775.082, s. 775.083, or s. 775.084.

24         (c)  Except as authorized by this chapter, it is

25  unlawful for any person to sell, manufacture, or deliver, or

26  possess with intent to sell, manufacture, or deliver a

27  controlled substance in, on, or within 1,000 feet of the real

28  property comprising a child care facility as defined in s.

29  402.302 or a public or private elementary, middle, or

30  secondary school between the hours of 6 a.m. and 12 a.m.  Any

31  person who violates this paragraph with respect to:

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

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

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

  4  775.082, s. 775.083, or s. 775.084. The defendant must be

  5  sentenced to a minimum term of imprisonment of 3 calendar

  6  years unless the offense was committed within 1,000 feet of

  7  the real property comprising a child care facility as defined

  8  in s. 402.302.

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

10  893.03(1)(c), (2)(c), (3), or (4) commits a felony of the

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

12  775.083, or s. 775.084.

13         3.  Any other controlled substance, except as lawfully

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

15  $500 fine and to serve 100 hours of public service in addition

16  to any other penalty prescribed by law.

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         (e)  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 not authorized by law in, on, or within

11  1,000 feet of a physical place for worship at which a church

12  or religious organization regularly conducts religious

13  services or within 1,000 feet of a convenience business as

14  defined in s. 812.171. Any person who violates this paragraph

15  with respect to:

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

17  893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b) commits a

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

19  775.082, s. 775.083, or s. 775.084.

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

21  893.03(1)(c), (2)(c), (3), or (4) commits a felony of the

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

23  775.083, or s. 775.084.

24         3.  Any other controlled substance, except as lawfully

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

26  $500 fine and to serve 100 hours of public service in addition

27  to any other penalty prescribed by law.

28         (2)(a)  Except as authorized by this chapter and

29  chapter 499, it is unlawful for any person to purchase, or

30  possess with intent to purchase, a controlled substance.  Any

31  person who violates this provision with respect to:

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

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

  3  felony of the second degree, punishable as provided in s.

  4  775.082, s. 775.083, or s. 775.084.

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

  6  893.03(1)(c), (2)(c), (3), or (4) commits a felony of the

  7  third degree, punishable as provided in s. 775.082, s.

  8  775.083, or s. 775.084.

  9         3.  A controlled substance named or described in s.

10  893.03(5) commits a misdemeanor of the first degree,

11  punishable as provided in s. 775.082 or s. 775.083.

12         (4)  Except as authorized by this chapter, it is

13  unlawful for any person 18 years of age or older to deliver

14  any controlled substance to a person under the age of 18

15  years, or to use or hire a person under the age of 18 years as

16  an agent or employee in the sale or delivery of such a

17  substance, or to use such person to assist in avoiding

18  detection or apprehension for a violation of this chapter.

19  Any person who violates this provision with respect to:

20         (a)  A controlled substance named or described in s.

21  893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b) commits a

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

23  775.082, s. 775.083, or s. 775.084.

24

25  Imposition of sentence may not be suspended or deferred, nor

26  shall the person so convicted be placed on probation.

27         (5)  It is unlawful for any person to bring into this

28  state any controlled substance unless the possession of such

29  controlled substance is authorized by this chapter or unless

30  such person is licensed to do so by the appropriate federal

31

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  1  agency.  Any person who violates this provision with respect

  2  to:

  3         (a)  A controlled substance named or described in s.

  4  893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b) commits a

  5  felony of the second degree, punishable as provided in s.

  6  775.082, s. 775.083, or s. 775.084.

  7         (7)(a)  It is unlawful for any person:

  8         1.  To distribute or dispense a controlled substance in

  9  violation of this chapter.

10         2.  To refuse or fail to make, keep, or furnish any

11  record, notification, order form, statement, invoice, or

12  information required under this chapter.

13         3.  To refuse an entry into any premises for any

14  inspection or to refuse to allow any inspection authorized by

15  this chapter.

16         4.  To distribute a controlled substance named or

17  described in s. 893.03(1) or (2) except pursuant to an order

18  form as required by s. 893.06.

19         5.  To keep or maintain any store, shop, warehouse,

20  dwelling, building, vehicle, boat, aircraft, or other

21  structure or place which is resorted to by persons using

22  controlled substances in violation of this chapter for the

23  purpose of using these substances, or which is used for

24  keeping or selling them in violation of this chapter.

25         6.  To use to his or her own personal advantage, or to

26  reveal, any information obtained in enforcement of this

27  chapter except in a prosecution or administrative hearing for

28  a violation of this chapter.

29         7.  To withhold information from a practitioner from

30  whom the person seeks to obtain a controlled substance or a

31  prescription for a controlled substance that the person has

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  1  received a controlled substance or a prescription for a

  2  controlled substance of like therapeutic use from another

  3  practitioner within the last 30 days.

  4         8.  To possess a prescription form which has not been

  5  completed and signed by the practitioner whose name appears

  6  printed thereon, unless the person is that practitioner, is an

  7  agent or employee of that practitioner, is a pharmacist, or is

  8  a supplier of prescription forms who is authorized by that

  9  practitioner to possess those forms.

10         9.  To acquire or obtain, or attempt to acquire or

11  obtain, possession of a controlled substance by

12  misrepresentation, fraud, forgery, deception, or subterfuge.

13         10.  To affix any false or forged label to a package or

14  receptacle containing a controlled substance.

15         11.  To furnish false or fraudulent material

16  information in, or omit any material information from, any

17  report or other document required to be kept or filed under

18  this chapter or any record required to be kept by this

19  chapter.

20         (b)  Any person who violates the provisions of

21  subparagraphs (a)1.-8. commits a misdemeanor of the first

22  degree, punishable as provided in s. 775.082 or s. 775.083;

23  except that, upon a second or subsequent violation, the person

24  commits a felony of the third degree, punishable as provided

25  in s. 775.082, s. 775.083, or s. 775.084.

26         (c)  Any person who violates the provisions of

27  subparagraphs (a)9.-11. commits a felony of the third degree,

28  punishable as provided in s. 775.082, s. 775.083, or s.

29  775.084.

30         Section 17.  For the purpose of incorporating the

31  amendments to section 893.03, Florida Statutes, in references

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  1  thereto, paragraph (d) of subsection (3) of section 921.0022,

  2  Florida Statutes, is reenacted to read:

  3         921.0022  Criminal Punishment Code; offense severity

  4  ranking chart.--

  5         (3)  OFFENSE SEVERITY RANKING CHART

  6

  7  Florida           Felony

  8  Statute           Degree             Description

  9

10

11                              (d)  LEVEL 4

12  316.1935(2)        3rd      Fleeing or attempting to elude

13                              law enforcement officer resulting

14                              in high-speed pursuit.

15  784.07(2)(b)       3rd      Battery of law enforcement

16                              officer, firefighter, intake

17                              officer, etc.

18  784.075            3rd      Battery on detention or

19                              commitment facility staff.

20  784.08(2)(c)       3rd      Battery on a person 65 years of

21                              age or older.

22  784.081(3)         3rd      Battery on specified official or

23                              employee.

24  784.082(3)         3rd      Battery by detained person on

25                              visitor or other detainee.

26  787.03(1)          3rd      Interference with custody;

27                              wrongly takes child from

28                              appointed guardian.

29

30

31

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  1  787.04(2)          3rd      Take, entice, or remove child

  2                              beyond state limits with criminal

  3                              intent pending custody

  4                              proceedings.

  5  787.04(3)          3rd      Carrying child beyond state lines

  6                              with criminal intent to avoid

  7                              producing child at custody

  8                              hearing or delivering to

  9                              designated person.

10  790.115(1)         3rd      Exhibiting firearm or weapon

11                              within 1,000 feet of a school.

12  790.115(2)(b)      3rd      Possessing electric weapon or

13                              device, destructive device, or

14                              other weapon on school property.

15  790.115(2)(c)      3rd      Possessing firearm on school

16                              property.

17  810.02(4)(a)       3rd      Burglary, or attempted burglary,

18                              of an unoccupied structure;

19                              unarmed; no assault or battery.

20  810.02(4)(b)       3rd      Burglary, or attempted burglary,

21                              of an unoccupied conveyance;

22                              unarmed; no assault or battery.

23  810.06             3rd      Burglary; possession of tools.

24  810.08(2)(c)       3rd      Trespass on property, armed with

25                              firearm or dangerous weapon.

26  812.014(2)(c)3.    3rd      Grand theft, 3rd degree $10,000

27                              or more but less than $20,000.

28  812.014

29   (2)(c)4.-10.      3rd      Grand theft, 3rd degree, a will,

30                              firearm, motor vehicle,

31                              livestock, etc.

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  1  817.563(1)         3rd      Sell or deliver substance other

  2                              than controlled substance agreed

  3                              upon, excluding s. 893.03(5)

  4                              drugs.

  5  828.125(1)         2nd      Kill, maim, or cause great bodily

  6                              harm or permanent breeding

  7                              disability to any registered

  8                              horse or cattle.

  9  837.02(1)          3rd      Perjury in official proceedings.

10  837.021(1)         3rd      Make contradictory statements in

11                              official proceedings.

12  843.025            3rd      Deprive law enforcement,

13                              correctional, or correctional

14                              probation officer of means of

15                              protection or communication.

16  843.15(1)(a)       3rd      Failure to appear while on bail

17                              for felony (bond estreature or

18                              bond jumping).

19  874.05(1)          3rd      Encouraging or recruiting another

20                              to join a criminal street gang.

21  893.13(2)(a)1.     2nd      Purchase of cocaine (or other s.

22                              893.03(1)(a), (b), or (d), or

23                              (2)(a) or (b) drugs).

24  914.14(2)          3rd      Witnesses accepting bribes.

25  914.22(1)          3rd      Force, threaten, etc., witness,

26                              victim, or informant.

27  914.23(2)          3rd      Retaliation against a witness,

28                              victim, or informant, no bodily

29                              injury.

30  918.12             3rd      Tampering with jurors.

31

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  1         Section 18.  This act shall take effect October 1,

  2  1998.

  3

  4            *****************************************

  5                          SENATE SUMMARY

  6    Adds ketamine hydrochloride to the list of controlled
      substances.  Provides a presumption with respect to
  7    testing for the controlled substance
      gamma-hydroxy-butyrate.
  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

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