House Bill 0091e1
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CS/HB 91, First Engrossed
1 A bill to be entitled
2 An act relating to controlled substances;
3 amending s. 893.03, F.S.; adding flunitrazepam,
4 alpha-ethyltryptamine,
5 2-amino-5-phenyl-2-oxazoline, 4-bromo-2,
6 5-dimethoxyphenethylamine, and methcathinone to
7 the list of Schedule I controlled substances;
8 adding gamma-hydroxy-butyrate to the list of
9 Schedule II controlled substances; adding
10 fenfluramine to Schedule IV; eliminating
11 flunitrazepam from the list of Schedule IV
12 controlled substances; amending s. 893.13,
13 F.S.; eliminating language with respect to
14 penalties for the use of flunitrazepam;
15 revising language with respect to combinations
16 of certain controlled substances; amending s.
17 893.135, F.S.; providing penalties for
18 trafficking in flunitrazepam; amending s.
19 921.0012, F.S.; conforming the sentencing
20 guidelines to the act; repealing s.
21 893.03(4)(w), F.S.; providing for the removal
22 of fenfluramine from the schedule of controlled
23 substances; providing a conditional effective
24 date and an effective date.
25
26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. Paragraphs (a) and (c) of subsection (1),
29 paragraph (a) of subsection (2), and subsection (4) of section
30 893.03, Florida Statutes, 1996 Supplement, are amended to
31 read:
1
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CS/HB 91, First Engrossed
1 893.03 Standards and schedules.--The substances
2 enumerated in this section are controlled by this chapter.
3 The controlled substances listed or to be listed in Schedules
4 I, II, III, IV, and V are included by whatever official,
5 common, usual, chemical, or trade name designated. The
6 provisions of this section shall not be construed to include
7 within any of the schedules contained in this section any
8 excluded drugs listed within the purview of 21 C.F.R. s.
9 1308.22, styled "Excluded Substances"; 21 C.F.R. s. 1308.24,
10 styled "Exempt Chemical Preparations"; 21 C.F.R. s. 1308.32,
11 styled "Exempted Prescription Products"; or 21 C.F.R. s.
12 1308.34, styled "Exempt Anabolic Steroid Products."
13 (1) SCHEDULE I.--A substance in Schedule I has a high
14 potential for abuse and has no currently accepted medical use
15 in treatment in the United States and in its use under medical
16 supervision does not meet accepted safety standards. The
17 following substances are controlled in Schedule I:
18 (a) Unless specifically excepted or unless listed in
19 another schedule, any of the following substances, including
20 their isomers, esters, ethers, salts, and salts of isomers,
21 esters, and ethers, whenever the existence of such isomers,
22 esters, ethers, and salts is possible within the specific
23 chemical designation:
24 1. Acetyl-alpha-methylfentanyl.
25 2. Acetylmethadol.
26 3. Allylprodine.
27 4. Alphacetylmethadol (except levo-alphacetylmethadol,
28 also known as levo-alpha-acetylmethadol, levomethadyl acetate,
29 or LAAM).
30 5. Alphamethadol.
31
2
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1 6. Alpha-methylfentanyl
2 (N-[1-(alpha-methyl-betaphenyl) ethyl-4-piperidyl]
3 propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-propanilido)
4 piperidine).
5 7. Alpha-methylthiofentanyl.
6 8. Alphameprodine.
7 9. Benzethidine.
8 10. Benzylfentanyl.
9 11. Betacetylmethadol.
10 12. Beta-hydroxyfentanyl.
11 13. Beta-hydroxy-3-methylfentanyl.
12 14. Betameprodine.
13 15. Betamethadol.
14 16. Betaprodine.
15 17. Clonitazene.
16 18. Dextromoramide.
17 19. Diampromide.
18 20. Diethylthiambutene.
19 21. Difenoxin.
20 22. Dimenoxadol.
21 23. Dimepheptanol.
22 24. Dimethylthiambutene.
23 25. Dioxaphetyl butyrate.
24 26. Dipipanone.
25 27. Ethylmethylthiambutene.
26 28. Etonitazene.
27 29. Etoxeridine.
28 30. Flunitrazepam.
29 31.30. Furethidine.
30 32.31. Hydroxypethidine.
31 33.32. Ketobemidone.
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1 34.33. Levomoramide.
2 35.34. Levophenacylmorphan.
3 36.35. 1-Methyl-4-Phenyl-4-Propionoxypiperidine
4 (MPPP).
5 37.36. 3-Methylfentanyl (N-
6 [3-methyl-1-(2-phenylethyl)-4-piperidyl]-N-phenylpropanamide).
7 38.37. 3-Methylthiofentanyl.
8 39.38. 3, 4-Methylenedioxymethamphetamine (MDMA).
9 40.39. Morpheridine.
10 41.40. Noracymethadol.
11 42.41. Norlevorphanol.
12 43.42. Normethadone.
13 44.43. Norpipanone.
14 45.44. Para-Fluorofentanyl.
15 46.45. Phenadoxone.
16 47.46. Phenampromide.
17 48.47. Phenomorphan.
18 49.48. Phenoperidine.
19 50.49. 1-(2-Phenylethyl)-4-Phenyl-4-Acetyloxypiperidine
20 (PEPAP).
21 51.50. Piritramide.
22 52.51. Proheptazine.
23 53.52. Properidine.
24 54.53. Propiram.
25 55.54. Racemoramide.
26 56.55. Thenylfentanyl.
27 57.56. Thiofentanyl.
28 58.57. Tilidine.
29 59.58. Trimeperidine.
30 (c) Unless specifically excepted or unless listed in
31 another schedule, any material, compound, mixture, or
4
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1 preparation which contains any quantity of the following
2 hallucinogenic substances or which contains any of their
3 salts, isomers, and salts of isomers, whenever the existence
4 of such salts, isomers, and salts of isomers is possible
5 within the specific chemical designation:
6 1. Alpha-ethyltryptamine.
7 2.1. 2-Amino-4-methyl-5-phenyl-2-oxazoline
8 (4-methylaminorex).
9 3. 2-Amino-5-phenyl-2-oxazoline (Aminorex).
10 4.2. 4-Bromo-2,5-dimethoxyamphetamine.
11 5. 4-Bromo-2, 5-dimethoxyphenethylamine.
12 6.3. Bufotenine.
13 7.4. Cannabis.
14 8.5. Cathinone.
15 9.6. Diethyltryptamine.
16 10.7. 2,5-Dimethoxyamphetamine.
17 11.8. 2,5-Dimethoxy-4-ethylamphetamine (DOET).
18 12.9. Dimethyltryptamine.
19 13.10. N-Ethyl-1-phenylcyclohexylamine (PCE)
20 (Ethylamine analog of phencyclidine).
21 14.11. N-Ethyl-3-piperidyl benzilate.
22 15.12. N-ethylamphetamine.
23 16.13. Fenethylline.
24 17.14. N-Hydroxy-3,4-methylenedioxyamphetamine.
25 18.15. Ibogaine.
26 19.16. Lysergic acid diethylamide (LSD).
27 20.17. Mescaline.
28 21. Methcathinone.
29 22.18. 5-Methoxy-3,4-methylenedioxyamphetamine.
30 23.19. 4-methoxyamphetamine.
31 24.20. 4-Methyl-2,5-dimethoxyamphetamine.
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1 25.21. 3,4-Methylenedioxy-N-ethylamphetamine.
2 26.22. 3,4-Methylenedioxyamphetamine.
3 27.23. N-Methyl-3-piperidyl benzilate.
4 28.24. N,N-dimethylamphetamine.
5 29.25. Parahexyl.
6 30.26. Peyote.
7 31.27. N-(1-Phenylcyclohexyl)-pyrrolidine (PCPY)
8 (Pyrrolidine analog of phencyclidine).
9 32.28. Psilocybin.
10 33.29. Psilocyn.
11 34.30. Tetrahydrocannabinols.
12 35.31. 1-[1-(2-Thienyl)-cyclohexyl]-piperidine (TCP)
13 (Thiophene analog of phencyclidine).
14 36.32. 3,4,5-Trimethoxyamphetamine.
15 (2) SCHEDULE II.--A substance in Schedule II has a
16 high potential for abuse and has a currently accepted but
17 severely restricted medical use in treatment in the United
18 States, and abuse of the substance may lead to severe
19 psychological or physical dependence. The following
20 substances are controlled in Schedule II:
21 (a) Unless specifically excepted or unless listed in
22 another schedule, any of the following substances, whether
23 produced directly or indirectly by extraction from substances
24 of vegetable origin or independently by means of chemical
25 synthesis:
26 1. Opium and any salt, compound, derivative, or
27 preparation of opium, except nalmefene or isoquinoline
28 alkaloids of opium, including, but not limited to the
29 following:
30 a. Raw opium.
31 b. Opium extracts.
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CS/HB 91, First Engrossed
1 c. Opium fluid extracts.
2 d. Powdered opium.
3 e. Granulated opium.
4 f. Tincture of opium.
5 g. Codeine.
6 h. Ethylmorphine.
7 i. Etorphine hydrochloride.
8 j. Hydrocodone.
9 k. Hydromorphone.
10 l. Levo-alphacetylmethadol (also known as
11 levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM).
12 m. Metopon (methyldihydromorphinone).
13 n. Morphine.
14 o. Oxycodone.
15 p. Oxymorphone.
16 q. Thebaine.
17 2. Any salt, compound, derivative, or preparation of a
18 substance which is chemically equivalent to or identical with
19 any of the substances referred to in subparagraph 1., except
20 that these substances shall not include the isoquinoline
21 alkaloids of opium.
22 3. Any part of the plant of the species Papaver
23 somniferum, L.
24 4. Cocaine or ecgonine, including any of their
25 stereoisomers, and any salt, compound, derivative, or
26 preparation of cocaine or ecgonine.
27 5. Dronabinol (synthetic THC) in sesame oil and
28 encapsulated in a soft gelatin capsule in a U.S. Food and Drug
29 Administration approved drug product.
30 6. Gamma-hydroxy-butyrate (GHB).
31
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1 (4) SCHEDULE IV.--A substance in Schedule IV has a low
2 potential for abuse relative to the substances in Schedule III
3 and has a currently accepted medical use in treatment in the
4 United States, and abuse of the substance may lead to limited
5 physical or psychological dependence relative to the
6 substances in Schedule III. Unless specifically excepted or
7 unless listed in another schedule, any material, compound,
8 mixture, or preparation which contains any quantity of the
9 following substances, including its salts, isomers, and salts
10 of isomers whenever the existence of such salts, isomers, and
11 salts of isomers is possible within the specific chemical
12 designation, are controlled in Schedule IV:
13 (a) Alprazolam.
14 (b) Barbital.
15 (c) Bromazepam.
16 (d) Camazepam.
17 (e) Cathine.
18 (f) Chloral betaine.
19 (g) Chloral hydrate.
20 (h) Chlordiazepoxide.
21 (i) Clobazam.
22 (j) Clonazepam.
23 (k) Clorazepate.
24 (l) Clotiazepam.
25 (m) Cloxazolam.
26 (n) Delorazepam.
27 (o) Dextropropoxyphene (dosage forms).
28 (p) Diazepam.
29 (q) Diethylpropion.
30 (r) Estazolam.
31 (s) Ethchlorvynol.
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CS/HB 91, First Engrossed
1 (t) Ethinamate.
2 (u) Ethyl loflazepate.
3 (v) Fencamfamin.
4 (w) Fenfluramine.
5 (x)(w) Fenproporex.
6 (y)(x) Fludiazepam.
7 (y) Flunitrazepam.
8 (z) Flurazepam.
9 (aa) Halazepam.
10 (bb) Haloxazolam.
11 (cc) Ketazolam.
12 (dd) Loprazolam.
13 (ee) Lorazepam.
14 (ff) Lormetazepam.
15 (gg) Mazindol.
16 (hh) Mebutamate.
17 (ii) Medazepam.
18 (jj) Mefenorex.
19 (kk) Meprobamate.
20 (ll) Methohexital.
21 (mm) Methylphenobarbital.
22 (nn) Midazolam.
23 (oo) Nimetazepam.
24 (pp) Nitrazepam.
25 (qq) Nordiazepam.
26 (rr) Oxazepam.
27 (ss) Oxazolam.
28 (tt) Paraldehyde.
29 (uu) Pemoline.
30 (vv) Pentazocine.
31 (ww) Phenobarbital.
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1 (xx) Phentermine.
2 (yy) Pinazepam.
3 (zz) Pipradrol.
4 (aaa) Prazepam.
5 (bbb) Propylhexedrine, excluding any patent or
6 proprietary preparation containing propylhexedrine, unless
7 otherwise provided by federal law.
8 (ccc) Quazepam.
9 (ddd) Tetrazepam.
10 (eee) SPA[(-)-1 dimethylamino-1, 2 diphenylethane].
11 (fff) Temazepam.
12 (ggg) Triazolam.
13 (hhh) Not more than 1 milligram of difenoxin and not
14 less than 25 micrograms of atropine sulfate per dosage unit.
15 Section 2. Paragraph (b) of subsection (1), paragraph
16 (b) of subsection (2), paragraph (c) of subsection (6), and
17 subsection (12) of section 893.13, Florida Statutes, 1996
18 Supplement, are amended to read:
19 893.13 Prohibited acts; penalties.--
20 (1)
21 (b) Except as provided in this chapter, it is unlawful
22 to sell or deliver in excess of 10 grams of any substance
23 named or described in s. 893.03(1)(a) or (1)(b), or any
24 mixture containing any substance named or described in s.
25 893.03(1)(a) or (1)(b), or any combination thereof. Any person
26 who violates this paragraph commits a felony of the first
27 degree, punishable as provided in s. 775.082, s. 775.083, or
28 s. 775.084.
29 (2)
30 (b) Except as provided in this chapter, it is unlawful
31 to purchase in excess of 10 grams of any substance named or
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1 described in s. 893.03(1)(a) or (1)(b), or any mixture
2 containing any substance named or described in s. 893.03(1)(a)
3 or (1)(b), or any combination thereof. Any person who
4 violates this paragraph commits a felony of the first degree,
5 punishable as provided in s. 775.082, s. 775.083, or s.
6 775.084.
7 (6)
8 (c) Except as provided in this chapter, it is unlawful
9 to possess in excess of 10 grams of any substance named or
10 described in s. 893.03(1)(a) or (1)(b), or any mixture
11 containing any substance named or described in s. 893.03(1)(a)
12 or (1)(b), or any combination thereof. Any person who
13 violates this paragraph commits a felony of the first degree,
14 punishable as provided in s. 775.082, s. 775.083, or s.
15 775.084.
16 (12) Notwithstanding any provision of the laws of this
17 state to the contrary, any unauthorized activity under this
18 section which involves flunitrazepam shall be subject to the
19 same penalties as are provided for in this section for
20 violations involving controlled substances named or described
21 in s. 893.03(1)(a).
22 Section 3. Paragraph (g) is added to subsection (1) of
23 section 893.135, Florida Statutes, 1996 Supplement, to read:
24 893.135 Trafficking; mandatory sentences; suspension
25 or reduction of sentences; conspiracy to engage in
26 trafficking.--
27 (1) Except as authorized in this chapter or in chapter
28 499 and notwithstanding the provisions of s. 893.13:
29 (g)1. Any person who knowingly sells, purchases,
30 manufactures, delivers, or brings into this state, or who is
31 knowingly in actual or constructive possession of, 4 grams or
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1 more of flunitrazepam or any mixture containing flunitrazepam
2 as described in s. 893.03(1)(a) commits a felony of the first
3 degree, which felony shall be known as "trafficking in
4 flunitrazepam." If the quantity involved:
5 a. Is 4 grams or more but less than 14 grams, such
6 person shall be sentenced pursuant to the sentencing
7 guidelines and pay a fine of $50,000.
8 b. Is 14 grams or more but less than 28 grams, such
9 person shall be sentenced pursuant to the sentencing
10 guidelines and pay a fine of $100,000.
11 c. Is 28 grams or more but less than 30 kilograms,
12 such person shall be sentenced to a mandatory minimum term of
13 imprisonment of 25 calendar years and pay a fine of $500,000.
14 2. Any person who knowingly sells, purchases,
15 manufactures, delivers, or brings into this state or who is
16 knowingly in actual or constructive possession of 30 kilograms
17 or more of flunitrazepam or any mixture containing
18 flunitrazepam as described in s. 893.03(1)(a) commits the
19 first-degree felony of trafficking in flunitrazepam. A person
20 who has been convicted of the first-degree felony of
21 trafficking in flunitrazepam under this subparagraph shall be
22 punished by life imprisonment and is ineligible for any form
23 of discretionary early release except pardon or executive
24 clemency or conditional medical release under s. 947.149.
25 However, if the court determines that, in addition to
26 committing any act specified in this paragraph:
27 a. The person intentionally killed an individual or
28 counseled, commanded, induced, procured, or caused the
29 intentional killing of an individual and such killing was the
30 result; or
31
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1 b. The person's conduct in committing that act led to
2 a natural, though not inevitable, lethal result,
3
4 such person commits the capital felony of trafficking in
5 flunitrazepam, punishable as provided in ss. 775.082 and
6 921.142. Any person sentenced for a capital felony under this
7 paragraph shall also be sentenced to pay the maximum fine
8 provided under subparagraph 1.
9 Section 4. Paragraphs (g) and (h) of subsection (3) of
10 section 921.0012, Florida Statutes, 1996 Supplement, are
11 amended to read:
12 921.0012 Sentencing guidelines offense levels; offense
13 severity ranking chart.--
14 (3) OFFENSE SEVERITY RANKING CHART
15 Florida Felony
16 Statute Degree Description
17
18 (g) LEVEL 7
19 316.193(3)(c)2. 3rd DUI resulting in serious bodily
20 injury.
21 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
22 bodily injury.
23 409.920(2) 3rd Medicaid provider fraud.
24 494.0018(2) 1st Conviction of any violation of
25 ss. 494.001-494.0077 in which the
26 total money and property
27 unlawfully obtained exceeded
28 $50,000 and there were five or
29 more victims.
30
31
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1 782.07(1) 2nd Killing of a human being by the
2 act, procurement, or culpable
3 negligence of another
4 (manslaughter).
5 782.071(1) 3rd Killing of human being by the
6 operation of a motor vehicle in a
7 reckless manner (vehicular
8 homicide).
9 782.072(1) 3rd Killing of a human being by the
10 operation of a vessel in a
11 reckless manner (vessel
12 homicide).
13 784.045(1)(a)1. 2nd Aggravated battery; intentionally
14 causing great bodily harm or
15 disfigurement.
16 784.045(1)(a)2. 2nd Aggravated battery; using deadly
17 weapon.
18 784.045(1)(b) 2nd Aggravated battery; perpetrator
19 aware victim pregnant.
20 784.048(4) 3rd Aggravated stalking; violation of
21 injunction or court order.
22 784.07(2)(d) 1st Aggravated battery on law
23 enforcement officer.
24 784.08(2)(a) 1st Aggravated battery on a person 65
25 years of age or older.
26 784.081(1) 1st Aggravated battery on specified
27 official or employee.
28 784.082(1) 1st Aggravated battery by detained
29 person on visitor or other
30 detainee.
31
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1 790.07(4) 1st Specified weapons violation
2 subsequent to previous conviction
3 of s. 790.07(1) or (2).
4 790.16(1) 1st Discharge of a machine gun under
5 specified circumstances.
6 796.03 2nd Procuring any person under 16
7 years for prostitution.
8 800.04 2nd Handle, fondle, or assault child
9 under 16 years in lewd,
10 lascivious, or indecent manner.
11 806.01(2) 2nd Maliciously damage structure by
12 fire or explosive.
13 810.02(3)(a) 2nd Burglary of occupied dwelling;
14 unarmed; no assault or battery.
15 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
16 unarmed; no assault or battery.
17 810.02(3)(d) 2nd Burglary of occupied conveyance;
18 unarmed; no assault or battery.
19 812.014(2)(a) 1st Property stolen, valued at
20 $100,000 or more; property stolen
21 while causing other property
22 damage; 1st degree grand theft.
23 812.019(2) 1st Stolen property; initiates,
24 organizes, plans, etc., the theft
25 of property and traffics in
26 stolen property.
27 812.133(2)(b) 1st Carjacking; no firearm, deadly
28 weapon, or other weapon.
29
30
31
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1 825.102(3)(b) 2nd Neglecting an elderly person or
2 disabled adult causing great
3 bodily harm, disability, or
4 disfigurement.
5 825.1025(2) 2nd Lewd or lascivious battery upon
6 an elderly person or disabled
7 adult.
8 825.103(2)(b) 2nd Exploiting an elderly person or
9 disabled adult and property is
10 valued at $20,000 or more, but
11 less than $100,000.
12 827.03(3)(b) 2nd Neglect of a child causing great
13 bodily harm, disability, or
14 disfigurement.
15 827.04(4) 3rd Impregnation of a child under 16
16 years of age by person 21 years
17 of age or older.
18 872.06 2nd Abuse of a dead human body.
19 893.13(1)(c)1. 1st Sell, manufacture, or deliver
20 cocaine (or other s.
21 893.03(1)(a), (1)(b), (1)(d),
22 (2)(a), or (2)(b) drugs) within
23 1,000 feet of a school.
24 893.13(4)(a) 1st Deliver to minor cocaine (or
25 other s. 893.03(1)(a), (1)(b),
26 (1)(d), (2)(a), or (2)(b) drugs).
27 893.135(1)(a)1. 1st Trafficking in cannabis, more
28 than 50 lbs., less than 2,000
29 lbs.
30
31
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1 893.135
2 (1)(b)1.a. 1st Trafficking in cocaine, more than
3 28 grams, less than 200 grams.
4 893.135
5 (1)(c)1.a. 1st Trafficking in illegal drugs,
6 more than 4 grams, less than 14
7 grams.
8 893.135
9 (1)(d)1. 1st Trafficking in phencyclidine,
10 more than 28 grams, less than 200
11 grams.
12 893.135(1)(e)1. 1st Trafficking in methaqualone, more
13 than 200 grams, less than 5
14 kilograms.
15 893.135(1)(f)1. 1st Trafficking in amphetamine, more
16 than 14 grams, less than 28
17 grams.
18 893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4
19 grams or more, less than 14
20 grams.
21
22 (h) LEVEL 8
23 316.193
24 (3)(c)3.a. 2nd DUI manslaughter.
25 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
26 777.03(2)(a) 1st Accessory after the fact, capital
27 felony.
28
29
30
31
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1 782.04(4) 2nd Killing of human without design
2 when engaged in act or attempt of
3 any felony other than arson,
4 sexual battery, robbery,
5 burglary, kidnapping, aircraft
6 piracy, or unlawfully discharging
7 bomb.
8 782.071(2) 2nd Committing vehicular homicide and
9 failing to render aid or give
10 information.
11 782.072(2) 2nd Committing vessel homicide and
12 failing to render aid or give
13 information.
14 790.161(3) 1st Discharging a destructive device
15 which results in bodily harm or
16 property damage.
17 794.011(5) 2nd Sexual battery, victim 12 years
18 or over, offender does not use
19 physical force likely to cause
20 serious injury.
21 806.01(1) 1st Maliciously damage dwelling or
22 structure by fire or explosive,
23 believing person in structure.
24 810.02(2)(a) 1st,PBL Burglary with assault or battery.
25 810.02(2)(b) 1st,PBL Burglary; armed with explosives
26 or dangerous weapon.
27 810.02(2)(c) 1st Burglary of a dwelling or
28 structure causing structural
29 damage or $1,000 or more property
30 damage.
31 812.13(2)(b) 1st Robbery with a weapon.
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1 812.135(2) 1st Home-invasion robbery.
2 825.102(2) 2nd Aggravated abuse of an elderly
3 person or disabled adult.
4 825.103(2)(a) 1st Exploiting an elderly person or
5 disabled adult and property is
6 valued at $100,000 or more.
7 827.03(2) 2nd Aggravated child abuse.
8 860.121(2)(c) 1st Shooting at or throwing any
9 object in path of railroad
10 vehicle resulting in great bodily
11 harm.
12 860.16 1st Aircraft piracy.
13 893.13(1)(b) 1st Sell or deliver in excess of 10
14 grams of any substance specified
15 in s. 893.03(1)(a) or (b).
16 893.13(2)(b) 1st Purchase in excess of 10 grams of
17 any substance specified in s.
18 893.03(1)(a) or (b).
19 893.13(6)(c) 1st Possess in excess of 10 grams of
20 any substance specified in s.
21 893.03(1)(a) or (b).
22 893.135(1)(a)2. 1st Trafficking in cannabis, more
23 than 2,000 lbs., less than 10,000
24 lbs.
25 893.135
26 (1)(b)1.b. 1st Trafficking in cocaine, more than
27 200 grams, less than 400 grams.
28 893.135
29 (1)(c)1.b. 1st Trafficking in illegal drugs,
30 more than 14 grams, less than 28
31 grams.
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CODING: Words stricken are deletions; words underlined are additions.
CS/HB 91, First Engrossed
1 893.135(1)(d)2. 1st Trafficking in phencyclidine,
2 more than 200 grams, less than
3 400 grams.
4 893.135(1)(e)2. 1st Trafficking in methaqualone, more
5 than 5 kilograms, less than 25
6 kilograms.
7 893.135(1)(f)2. 1st Trafficking in amphetamine, more
8 than 28 grams, less than 200
9 grams.
10 893.135 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14
11 grams or more, less than 28
12 grams.
13 895.03(1) 1st Use or invest proceeds derived
14 from pattern of racketeering
15 activity.
16 895.03(2) 1st Acquire or maintain through
17 racketeering activity any
18 interest in or control of any
19 enterprise or real property.
20 895.03(3) 1st Conduct or participate in any
21 enterprise through pattern of
22 racketeering activity.
23 Section 5. (1) Paragraph (w) of subsection (4) of
24 section 893.03, Florida Statutes, 1996 Supplement, as amended
25 by this act, is repealed.
26 (2) Subsection (1) shall not take effect unless the
27 substance known as fenfluramine is removed from the schedules
28 of controlled substances in 21 C.F.R. s. 1308. If the
29 substance known as fenfluramine is removed from the schedules
30 of controlled substances in 21 C.F.R. s. 1308, subsection (1)
31 shall take effect on the day that such removal takes effect.
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CODING: Words stricken are deletions; words underlined are additions.
CS/HB 91, First Engrossed
1 Section 6. This act shall take effect upon becoming a
2 law.
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