House Bill 0135

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    Florida House of Representatives - 1999                 HB 135

        By Representative Levine






  1                      A bill to be entitled

  2         An act relating to controlled substances;

  3         amending s. 893.13, F.S.; correcting a

  4         misplaced statutory provision relating to the

  5         unlawful sale or possession of a controlled

  6         substance within a specified area surrounding a

  7         child care facility; providing that certain

  8         enhanced penalties do not apply unless the

  9         owner or operator of the facility posts a sign

10         identifying the facility as a child care

11         facility; providing an effective date.

12

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

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15         Section 1.  Paragraph (c) of subsection (1) and

16  subsection (6) of section 893.13, Florida Statutes, 1998

17  Supplement, are amended to read:

18         893.13  Prohibited acts; penalties.--

19         (1)

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

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

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

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

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

25  402.302 or a public or private elementary, middle, or

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

27  person who violates this paragraph with respect to:

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

29  893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b) commits a

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

31  775.082, s. 775.083, or s. 775.084. The defendant must be

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    Florida House of Representatives - 1999                 HB 135

    707-100-99






  1  sentenced to a minimum term of imprisonment of 3 calendar

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

  3  the real property comprising a child care facility as defined

  4  in s. 402.302.

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

  8  775.083, or s. 775.084.

  9         3.  Any other controlled substance, except as lawfully

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

11  $500 fine and to serve 100 hours of public service in addition

12  to any other penalty prescribed by law.

13

14  This paragraph does not apply to a child care facility unless

15  the owner or operator of the facility posts a sign that is not

16  less than 2 square feet in size with a word legend identifying

17  the facility as a licensed child care facility and that is

18  posted on the property of the child care facility in a

19  conspicuous place where the sign is reasonably visible to the

20  public.

21         (6)(a)  It is unlawful for any person to be in actual

22  or constructive possession of a controlled substance unless

23  such controlled substance was lawfully obtained from a

24  practitioner or pursuant to a valid prescription or order of a

25  practitioner while acting in the course of his or her

26  professional practice or to be in actual or constructive

27  possession of a controlled substance except as otherwise

28  authorized by this chapter.  Any person who violates this

29  provision commits a felony of the third degree, punishable as

30  provided in s. 775.082, s. 775.083, or s. 775.084.

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    Florida House of Representatives - 1999                 HB 135

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  1         (b)  If the offense is the possession of not more than

  2  20 grams of cannabis, as defined in this chapter, the person

  3  commits a misdemeanor of the first degree, punishable as

  4  provided in s. 775.082 or s. 775.083.  For the purposes of

  5  this subsection, "cannabis" does not include the resin

  6  extracted from the plants of the genus Cannabis, or any

  7  compound manufacture, salt, derivative, mixture, or

  8  preparation of such resin.

  9         (c)  Except as provided in this chapter, it is unlawful

10  to possess in excess of 10 grams of any substance named or

11  described in s. 893.03(1)(a) or (1)(b), or any combination

12  thereof, or any mixture containing any such substance.  Any

13  person who violates this paragraph commits a felony of the

14  first degree, punishable as provided in s. 775.082, s.

15  775.083, or s. 775.084.

16

17  Paragraph (c) as it relates to a child care facility does not

18  apply unless the owner or operator of the facility posts a

19  sign of not less than 2 square feet in size with a word legend

20  that identifies the facility as a licensed child care facility

21  and that is posted on the property of the child care facility

22  in a conspicuous place where the sign is reasonably visible to

23  the public.

24         (d)  Notwithstanding any provision to the contrary of

25  the laws of this state relating to arrest, a law enforcement

26  officer may arrest without warrant any person who the officer

27  has probable cause to believe is violating the provisions of

28  this chapter relating to possession of cannabis.

29         Section 2.  This act shall take effect upon becoming a

30  law.

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    Florida House of Representatives - 1999                 HB 135

    707-100-99






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  2                          SENATE SUMMARY

  3    Corrects a misplaced statutory provision that provides
      that certain enhanced penalties imposed for the unlawful
  4    sale or possession of a controlled substance within 1,000
      feet of a child care facility do not apply unless the
  5    owner or operator of the facility posts a sign that
      identifies the facility as a child care facility.
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