House Bill 2085er
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1
2 An act relating to controlled substances;
3 amending s. 893.02, F.S.; defining the term
4 "mixture" for purposes of ch. 893, F.S.;
5 amending s. 893.03, F.S.; deleting Dronabinol
6 from the substances listed under Schedule II;
7 adding Dronabinol to the controlled substances
8 listed in Schedule III; adding 1,4-Butanediol
9 to the controlled substances listed under
10 Schedule II; deleting certain mixtures
11 containing hydrocodone from the substances
12 listed under Schedule III; amending s. 893.13,
13 F.S.; providing enhanced penalties for the
14 sale, manufacture, or possession of
15 methamphetamine; providing enhanced penalties
16 for possessing methamphetamine within a
17 specified distance of a school, park, or public
18 housing facility; providing enhanced penalties
19 for purchasing or using a minor to sell or
20 deliver methamphetamine; amending s. 893.135,
21 F.S.; revising certain penalties imposed for
22 trafficking in controlled substances; deleting
23 certain provisions requiring that an offender
24 be sentenced under the Criminal Punishment
25 Code; prohibiting the sale, purchase,
26 manufacture, or delivery of
27 gamma-hydroxybutyric acid (GHB); providing
28 penalties; prohibiting the sale, purchase,
29 manufacture, or delivery of 1,4-Butanediol;
30 providing penalties; prohibiting the sale,
31 purchase, manufacture, or delivery of various
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1 drugs known as "Phenethylamines"; providing
2 penalties; amending s. 775.087, F.S.; including
3 the offenses of trafficking in
4 gamma-hydroxybutyric acid (GHB), trafficking in
5 1,4-Butanediol, and trafficking in
6 Phenethylamines within provisions that impose
7 enhanced penalties for offenses committed while
8 possessing a firearm, destructive device,
9 semiautomatic firearm, or machine gun; amending
10 s. 893.145, F.S.; including certain objects
11 used for unlawfully inhaling or introducing
12 nitrous oxide into the human body within the
13 definition of the term "drug paraphernalia";
14 amending s. 921.0022, F.S., relating to the
15 offense severity ranking chart of the Criminal
16 Punishment Code; conforming provisions to
17 changes made by the act; amending s. 948.034,
18 F.S.; deleting provisions authorizing the court
19 to sentence an offender convicted of specified
20 repeat felony drug offenses to a term of
21 probation in lieu of imprisonment; reenacting
22 ss. 39.01(30)(a) and (g), 316.193(5), and
23 327.35(5), F.S., relating to harm to a child
24 and driving or boating under the influence, to
25 incorporate the amendment to s. 893.03, F.S.,
26 in references thereto; reenacting ss.
27 397.451(7) and 414.095(1), F.S., relating to
28 background checks and eligibility for the WAGES
29 Program, to incorporate the amendments to s.
30 893.135, F.S., in references thereto;
31 reenacting s. 440.102(11)(b), F.S., relating to
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1 the drug-free workplace program, to incorporate
2 the amendment to s. 893.03, F.S., in references
3 thereto; reenacting ss. 772.12(2),
4 782.04(1)(a), (3), and (4), F.S., relating to
5 the Drug Dealer Liability Act and the offense
6 of murder, to incorporate the amendments to s.
7 893.135, F.S., in references thereto;
8 reenacting ss. 817.563, 831.31, 856.015(1)(d),
9 893.0356(2)(a) and (5), 893.12(2)(b), (c), and
10 (d), F.S., relating to the sale of counterfeit
11 controlled substances, open house parties,
12 controlled substance analogs, and the seizure
13 and forfeiture of contraband, to incorporate
14 the amendment to s. 893.03, F.S., in references
15 thereto; reenacting ss. 893.1351(1), 903.133,
16 907.041(4)(b), 921.0024(1)(b), 921.142(2),
17 943.0585, 943.059, F.S., relating to
18 trafficking offenses, bail, pretrial detention
19 and release, the Criminal Punishment Code
20 worksheet, capital trafficking offenses, and
21 expunction and sealing of criminal history
22 records, to incorporate the amendments to s.
23 893.135, F.S., in references thereto; providing
24 an effective date.
25
26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. Subsection (4) of section 893.02, Florida
29 Statutes, is reenacted, present subsections (14) through (20)
30 of said section are renumbered as subsections (15) through
31
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1 (21), respectively, and a new subsection (14) is added to said
2 section, to read:
3 893.02 Definitions.--The following words and phrases
4 as used in this chapter shall have the following meanings,
5 unless the context otherwise requires:
6 (4) "Controlled substance" means any substance named
7 or described in Schedules I through V of s. 893.03. Laws
8 controlling the manufacture, distribution, preparation,
9 dispensing, or administration of such substances are drug
10 abuse laws.
11 (14) "Mixture" means any physical combination of two
12 or more substances.
13 Section 2. Paragraphs (a) and (b) of subsection (2)
14 and paragraph (c) of subsection (3) of section 893.03, Florida
15 Statutes, are amended, and paragraph (f) is added to
16 subsection (3) of said section, to read:
17 893.03 Standards and schedules.--The substances
18 enumerated in this section are controlled by this chapter.
19 The controlled substances listed or to be listed in Schedules
20 I, II, III, IV, and V are included by whatever official,
21 common, usual, chemical, or trade name designated. The
22 provisions of this section shall not be construed to include
23 within any of the schedules contained in this section any
24 excluded drugs listed within the purview of 21 C.F.R. s.
25 1308.22, styled "Excluded Substances"; 21 C.F.R. s. 1308.24,
26 styled "Exempt Chemical Preparations"; 21 C.F.R. s. 1308.32,
27 styled "Exempted Prescription Products"; or 21 C.F.R. s.
28 1308.34, styled "Exempt Anabolic Steroid Products."
29 (2) SCHEDULE II.--A substance in Schedule II has a
30 high potential for abuse and has a currently accepted but
31 severely restricted medical use in treatment in the United
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1 States, and abuse of the substance may lead to severe
2 psychological or physical dependence. The following
3 substances are controlled in Schedule II:
4 (a) Unless specifically excepted or unless listed in
5 another schedule, any of the following substances, whether
6 produced directly or indirectly by extraction from substances
7 of vegetable origin or independently by means of chemical
8 synthesis:
9 1. Opium and any salt, compound, derivative, or
10 preparation of opium, except nalmefene or isoquinoline
11 alkaloids of opium, including, but not limited to the
12 following:
13 a. Raw opium.
14 b. Opium extracts.
15 c. Opium fluid extracts.
16 d. Powdered opium.
17 e. Granulated opium.
18 f. Tincture of opium.
19 g. Codeine.
20 h. Ethylmorphine.
21 i. Etorphine hydrochloride.
22 j. Hydrocodone.
23 k. Hydromorphone.
24 l. Levo-alphacetylmethadol (also known as
25 levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM).
26 m. Metopon (methyldihydromorphinone).
27 n. Morphine.
28 o. Oxycodone.
29 p. Oxymorphone.
30 q. Thebaine.
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1 2. Any salt, compound, derivative, or preparation of a
2 substance which is chemically equivalent to or identical with
3 any of the substances referred to in subparagraph 1., except
4 that these substances shall not include the isoquinoline
5 alkaloids of opium.
6 3. Any part of the plant of the species Papaver
7 somniferum, L.
8 4. Cocaine or ecgonine, including any of their
9 stereoisomers, and any salt, compound, derivative, or
10 preparation of cocaine or ecgonine.
11 5. Dronabinol (synthetic THC) in sesame oil and
12 encapsulated in a soft gelatin capsule in a U.S. Food and Drug
13 Administration approved drug product.
14 (b) Unless specifically excepted or unless listed in
15 another schedule, any of the following substances, including
16 their isomers, esters, ethers, salts, and salts of isomers,
17 esters, and ethers, whenever the existence of such isomers,
18 esters, ethers, and salts is possible within the specific
19 chemical designation:
20 1. Alfentanil.
21 2. Alphaprodine.
22 3. Anileridine.
23 4. Bezitramide.
24 5. Bulk propoxyphene (nondosage forms).
25 6. 1,4-Butanediol.
26 7.6. Carfentanil.
27 8.7. Dihydrocodeine.
28 9.8. Diphenoxylate.
29 10.9. Fentanyl.
30 11.10. Gamma-hydroxybutyric acid (GHB).
31 12.11. Isomethadone.
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1 13.12. Levomethorphan.
2 14.13. Levorphanol.
3 15.14. Metazocine.
4 16.15. Methadone.
5 17.16. Methadone-Intermediate,4-cyano-2-
6 dimethylamino-4,4-diphenylbutane.
7 18.17. Moramide-Intermediate,2-methyl-3-
8 morpholoino-1,1-diphenylpropane-carboxylic acid.
9 19.18. Nabilone.
10 20.19. Pethidine (meperidine).
11 21.20. Pethidine-Intermediate-A,4-cyano-1-
12 methyl-4-phenylpiperidine.
13 22.21. Pethidine-Intermediate-B,ethyl-4-
14 phenylpiperidine-4-carboxylate.
15 23.22. Pethidine-Intermediate-C,1-methyl-4-
16 phenylpiperidine-4-carboxylic acid.
17 24.23. Phenazocine.
18 25.24. Phencyclidine.
19 26.25. 1-Phenylcyclohexylamine.
20 27.26. Piminodine.
21 28.27. 1-Piperidinocyclohexanecarbonitrile.
22 29.28. Racemethorphan.
23 30.29. Racemorphan.
24 31.30. Sufentanil.
25 (3) SCHEDULE III.--A substance in Schedule III has a
26 potential for abuse less than the substances contained in
27 Schedules I and II and has a currently accepted medical use in
28 treatment in the United States, and abuse of the substance may
29 lead to moderate or low physical dependence or high
30 psychological dependence or, in the case of anabolic steroids,
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1 may lead to physical damage. The following substances are
2 controlled in Schedule III:
3 (c) Unless specifically excepted or unless listed in
4 another schedule, any material, compound, mixture, or
5 preparation containing limited quantities of any of the
6 following controlled substances or any salts thereof:
7 1. Not more than 1.8 grams of codeine per 100
8 milliliters or not more than 90 milligrams per dosage unit,
9 with an equal or greater quantity of an isoquinoline alkaloid
10 of opium.
11 2. Not more than 1.8 grams of codeine per 100
12 milliliters or not more than 90 milligrams per dosage unit,
13 with recognized therapeutic amounts of one or more active
14 ingredients which are not controlled substances.
15 3. Not more than 300 milligrams of hydrocodone per 100
16 milliliters or not more than 15 milligrams per dosage unit,
17 with a fourfold or greater quantity of an isoquinoline
18 alkaloid of opium.
19 4. Not more than 300 milligrams of hydrocodone per 100
20 milliliters or not more than 15 milligrams per dosage unit,
21 with recognized therapeutic amounts of one or more active
22 ingredients which are not controlled substances.
23 3.5. Not more than 1.8 grams of dihydrocodeine per 100
24 milliliters or not more than 90 milligrams per dosage unit,
25 with recognized therapeutic amounts of one or more active
26 ingredients which are not controlled substances.
27 4.6. Not more than 300 milligrams of ethylmorphine per
28 100 milliliters or not more than 15 milligrams per dosage
29 unit, with one or more active, nonnarcotic ingredients in
30 recognized therapeutic amounts.
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1 5.7. Not more than 50 milligrams of morphine per 100
2 milliliters or per 100 grams, with recognized therapeutic
3 amounts of one or more active ingredients which are not
4 controlled substances.
5 (f) Dronabinol (synthetic THC) in sesame oil and
6 encapsulated in a soft gelatin capsule in a drug product
7 approved by the U.S. Food and Drug Administration.
8 Section 3. Section 893.13, Florida Statutes, is
9 amended to read:
10 893.13 Prohibited acts; penalties.--
11 (1)(a) Except as authorized by this chapter and
12 chapter 499, it is unlawful for any person to sell,
13 manufacture, or deliver, or possess with intent to sell,
14 manufacture, or deliver, a controlled substance. Any person
15 who violates this provision 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), or (2)(c)4.,
18 commits a felony of the second degree, punishable as provided
19 in s. 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)1., (2)(c)2., (2)(c)3., (2)(c)5.,
22 (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9. (2)(c), (3), or (4)
23 commits a felony of the third degree, punishable as provided
24 in s. 775.082, s. 775.083, or s. 775.084.
25 3. A controlled substance named or described in s.
26 893.03(5) commits a misdemeanor of the first degree,
27 punishable as provided in s. 775.082 or s. 775.083.
28 (b) Except as provided in this chapter, it is unlawful
29 to sell or deliver in excess of 10 grams of any substance
30 named or described in s. 893.03(1)(a) or (1)(b), or any
31 combination thereof, or any mixture containing any such
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1 substance. Any person who violates this paragraph commits a
2 felony of the first degree, punishable as provided in s.
3 775.082, s. 775.083, or s. 775.084.
4 (c) Except as authorized by this chapter, it is
5 unlawful for any person to sell, manufacture, or deliver, or
6 possess with intent to sell, manufacture, or deliver a
7 controlled substance in, on, or within 1,000 feet of the real
8 property comprising a child care facility as defined in s.
9 402.302 or a public or private elementary, middle, or
10 secondary school between the hours of 6 a.m. and 12 a.m. Any
11 person who violates this paragraph with respect to:
12 1. A controlled substance named or described in s.
13 893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b), or (2)(c)4.,
14 commits a felony of the first degree, punishable as provided
15 in s. 775.082, s. 775.083, or s. 775.084. The defendant must
16 be sentenced to a minimum term of imprisonment of 3 calendar
17 years unless the offense was committed within 1,000 feet of
18 the real property comprising a child care facility as defined
19 in s. 402.302.
20 2. A controlled substance named or described in s.
21 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5.,
22 (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9. (2)(c), (3), or (4)
23 commits a felony of the second degree, punishable as provided
24 in s. 775.082, s. 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
30 This paragraph does not apply to a child care facility unless
31 the owner or operator of the facility posts a sign that is not
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1 less than 2 square feet in size with a word legend identifying
2 the facility as a licensed child care facility and that is
3 posted on the property of the child care facility in a
4 conspicuous place where the sign is reasonably visible to the
5 public.
6 (d) Except as authorized by this chapter, it is
7 unlawful for any person to sell, manufacture, or deliver, or
8 possess with intent to sell, manufacture, or deliver, a
9 controlled substance in, on, or within 200 feet of the real
10 property comprising a public or private college, university,
11 or other postsecondary educational institution, or within 200
12 feet of any public park. Any person who violates this
13 paragraph with respect to:
14 1. A controlled substance named or described in s.
15 893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b), or (2)(c)4.,
16 commits a felony of the first degree, punishable as provided
17 in s. 775.082, s. 775.083, or s. 775.084.
18 2. A controlled substance named or described in s.
19 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5.,
20 (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9. (2)(c), (3), or (4)
21 commits a felony of the second degree, punishable as provided
22 in s. 775.082, s. 775.083, or s. 775.084.
23 3. Any other controlled substance, except as lawfully
24 sold, manufactured, or delivered, must be sentenced to pay a
25 $500 fine and to serve 100 hours of public service in addition
26 to any other penalty prescribed by law.
27 (e) Except as authorized by this chapter, it is
28 unlawful for any person to sell, manufacture, or deliver, or
29 possess with intent to sell, manufacture, or deliver, a
30 controlled substance not authorized by law in, on, or within
31 1,000 feet of a physical place for worship at which a church
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1 or religious organization regularly conducts religious
2 services or within 1,000 feet of a convenience business as
3 defined in s. 812.171. Any person who violates this paragraph
4 with respect to:
5 1. A controlled substance named or described in s.
6 893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b), or (2)(c)4.,
7 commits a felony of the first degree, punishable as provided
8 in s. 775.082, s. 775.083, or s. 775.084.
9 2. A controlled substance named or described in s.
10 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5.,
11 (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9. (2)(c), (3), or (4)
12 commits a felony of the second degree, punishable as provided
13 in s. 775.082, s. 775.083, or s. 775.084.
14 3. Any other controlled substance, except as lawfully
15 sold, manufactured, or delivered, must be sentenced to pay a
16 $500 fine and to serve 100 hours of public service in addition
17 to any other penalty prescribed by law.
18 (f) Except as authorized by this chapter, it is
19 unlawful for any person to sell, manufacture, or deliver, or
20 possess with intent to sell, manufacture, or deliver, a
21 controlled substance in, on, or within 200 feet of the real
22 property comprising a public housing facility at any time. For
23 purposes of this section, the term "real property comprising a
24 public housing facility" means real property, as defined in s.
25 421.03(12), of a public corporation created as a housing
26 authority pursuant to part I of chapter 421. Any person who
27 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), or (2)(c)4.,
30 commits a felony of the first degree, punishable as provided
31 in s. 775.082, s. 775.083, or s. 775.084.
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1 2. A controlled substance named or described in s.
2 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5.,
3 (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9. (2)(c), (3), or (4)
4 commits a felony of the second degree, punishable as provided
5 in s. 775.082, s. 775.083, or s. 775.084.
6 3. Any other controlled substance, except as lawfully
7 sold, manufactured, or delivered, must be sentenced to pay a
8 $500 fine and to serve 100 hours of public service in addition
9 to any other penalty prescribed by law.
10 (2)(a) Except as authorized by this chapter and
11 chapter 499, it is unlawful for any person to purchase, or
12 possess with intent to purchase, a controlled substance. Any
13 person who violates this provision with respect to:
14 1. A controlled substance named or described in s.
15 893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b), or (2)(c)4.,
16 commits a felony of the second degree, punishable as provided
17 in s. 775.082, s. 775.083, or s. 775.084.
18 2. A controlled substance named or described in s.
19 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5.,
20 (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9. (2)(c), (3), or (4)
21 commits a felony of the third degree, punishable as provided
22 in s. 775.082, s. 775.083, or s. 775.084.
23 3. A controlled substance named or described in s.
24 893.03(5) commits a misdemeanor of the first degree,
25 punishable as provided in s. 775.082 or s. 775.083.
26 (b) Except as provided in this chapter, it is unlawful
27 to purchase in excess of 10 grams of any substance named or
28 described in s. 893.03(1)(a) or (1)(b), or any combination
29 thereof, or any mixture containing any such substance. Any
30 person who violates this paragraph commits a felony of the
31
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1 first degree, punishable as provided in s. 775.082, s.
2 775.083, or s. 775.084.
3 (3) Any person who delivers, without consideration,
4 not more than 20 grams of cannabis, as defined in this
5 chapter, commits a misdemeanor of the first degree, punishable
6 as provided in s. 775.082 or s. 775.083. For the purposes of
7 this paragraph, "cannabis" does not include the resin
8 extracted from the plants of the genus Cannabis or any
9 compound manufacture, salt, derivative, mixture, or
10 preparation of such resin.
11 (4) Except as authorized by this chapter, it is
12 unlawful for any person 18 years of age or older to deliver
13 any controlled substance to a person under the age of 18
14 years, or to use or hire a person under the age of 18 years as
15 an agent or employee in the sale or delivery of such a
16 substance, or to use such person to assist in avoiding
17 detection or apprehension for a violation of this chapter.
18 Any person who violates this provision with respect to:
19 (a) A controlled substance named or described in s.
20 893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b), or (2)(c)4.,
21 commits a felony of the first degree, punishable as provided
22 in s. 775.082, s. 775.083, or s. 775.084.
23 (b) A controlled substance named or described in s.
24 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5.,
25 (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9. (2)(c), (3), or (4)
26 commits a felony of the second degree, punishable as provided
27 in s. 775.082, s. 775.083, or s. 775.084.
28
29 Imposition of sentence may not be suspended or deferred, nor
30 shall the person so convicted be placed on probation.
31
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1 (5) It is unlawful for any person to bring into this
2 state any controlled substance unless the possession of such
3 controlled substance is authorized by this chapter or unless
4 such person is licensed to do so by the appropriate federal
5 agency. Any person who violates this provision with respect
6 to:
7 (a) A controlled substance named or described in s.
8 893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b), or (2)(c)4.,
9 commits a felony of the second degree, punishable as provided
10 in s. 775.082, s. 775.083, or s. 775.084.
11 (b) A controlled substance named or described in s.
12 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5.,
13 (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9. (2)(c), (3), or (4)
14 commits a felony of the third degree, punishable as provided
15 in s. 775.082, s. 775.083, or s. 775.084.
16 (c) A controlled substance named or described in s.
17 893.03(5) commits a misdemeanor of the first degree,
18 punishable as provided in s. 775.082 or s. 775.083.
19 (6)(a) It is unlawful for any person to be in actual
20 or constructive possession of a controlled substance unless
21 such controlled substance was lawfully obtained from a
22 practitioner or pursuant to a valid prescription or order of a
23 practitioner while acting in the course of his or her
24 professional practice or to be in actual or constructive
25 possession of a controlled substance except as otherwise
26 authorized by this chapter. Any person who violates this
27 provision commits a felony of the third degree, punishable as
28 provided in s. 775.082, s. 775.083, or s. 775.084.
29 (b) If the offense is the possession of not more than
30 20 grams of cannabis, as defined in this chapter, the person
31 commits a misdemeanor of the first degree, punishable as
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1 provided in s. 775.082 or s. 775.083. For the purposes of
2 this subsection, "cannabis" does not include the resin
3 extracted from the plants of the genus Cannabis, or any
4 compound manufacture, salt, derivative, mixture, or
5 preparation of such resin.
6 (c) Except as provided in this chapter, it is unlawful
7 to possess in excess of 10 grams of any substance named or
8 described in s. 893.03(1)(a) or (1)(b), or any combination
9 thereof, or any mixture containing any such substance. Any
10 person who violates this paragraph commits a felony of the
11 first degree, punishable as provided in s. 775.082, s.
12 775.083, or s. 775.084.
13 (d) Notwithstanding any provision to the contrary of
14 the laws of this state relating to arrest, a law enforcement
15 officer may arrest without warrant any person who the officer
16 has probable cause to believe is violating the provisions of
17 this chapter relating to possession of cannabis.
18 (7)(a) It is unlawful for any person:
19 1. To distribute or dispense a controlled substance in
20 violation of this chapter.
21 2. To refuse or fail to make, keep, or furnish any
22 record, notification, order form, statement, invoice, or
23 information required under this chapter.
24 3. To refuse an entry into any premises for any
25 inspection or to refuse to allow any inspection authorized by
26 this chapter.
27 4. To distribute a controlled substance named or
28 described in s. 893.03(1) or (2) except pursuant to an order
29 form as required by s. 893.06.
30 5. To keep or maintain any store, shop, warehouse,
31 dwelling, building, vehicle, boat, aircraft, or other
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1 structure or place which is resorted to by persons using
2 controlled substances in violation of this chapter for the
3 purpose of using these substances, or which is used for
4 keeping or selling them in violation of this chapter.
5 6. To use to his or her own personal advantage, or to
6 reveal, any information obtained in enforcement of this
7 chapter except in a prosecution or administrative hearing for
8 a violation of this chapter.
9 7. To withhold information from a practitioner from
10 whom the person seeks to obtain a controlled substance or a
11 prescription for a controlled substance that the person has
12 received a controlled substance or a prescription for a
13 controlled substance of like therapeutic use from another
14 practitioner within the last 30 days.
15 8. To possess a prescription form which has not been
16 completed and signed by the practitioner whose name appears
17 printed thereon, unless the person is that practitioner, is an
18 agent or employee of that practitioner, is a pharmacist, or is
19 a supplier of prescription forms who is authorized by that
20 practitioner to possess those forms.
21 9. To acquire or obtain, or attempt to acquire or
22 obtain, possession of a controlled substance by
23 misrepresentation, fraud, forgery, deception, or subterfuge.
24 10. To affix any false or forged label to a package or
25 receptacle containing a controlled substance.
26 11. To furnish false or fraudulent material
27 information in, or omit any material information from, any
28 report or other document required to be kept or filed under
29 this chapter or any record required to be kept by this
30 chapter.
31
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1 (b) Any person who violates the provisions of
2 subparagraphs (a)1.-8. commits a misdemeanor of the first
3 degree, punishable as provided in s. 775.082 or s. 775.083;
4 except that, upon a second or subsequent violation, the person
5 commits a felony of the third degree, punishable as provided
6 in s. 775.082, s. 775.083, or s. 775.084.
7 (c) Any person who violates the provisions of
8 subparagraphs (a)9.-11. commits a felony of the third degree,
9 punishable as provided in s. 775.082, s. 775.083, or s.
10 775.084.
11 (8) The provisions of subsections (1) through (7) are
12 not applicable to the delivery to, or actual or constructive
13 possession for medical or scientific use or purpose only of
14 controlled substances by, persons included in any of the
15 following classes, or the agents or employees of such persons,
16 for use in the usual course of their business or profession or
17 in the performance of their official duties:
18 (a) Pharmacists.
19 (b) Practitioners.
20 (c) Persons who procure controlled substances in good
21 faith and in the course of professional practice only, by or
22 under the supervision of pharmacists or practitioners employed
23 by them, or for the purpose of lawful research, teaching, or
24 testing, and not for resale.
25 (d) Hospitals that procure controlled substances for
26 lawful administration by practitioners, but only for use by or
27 in the particular hospital.
28 (e) Officers or employees of state, federal, or local
29 governments acting in their official capacity only, or
30 informers acting under their jurisdiction.
31 (f) Common carriers.
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1 (g) Manufacturers, wholesalers, and distributors.
2 (h) Law enforcement officers for bona fide law
3 enforcement purposes in the course of an active criminal
4 investigation.
5 (9) Notwithstanding any provision of the sentencing
6 guidelines or the Criminal Punishment Code to the contrary, on
7 or after October 1, 1993, any defendant who:
8 (a) Violates subparagraph (1)(a)1., subparagraph
9 (1)(c)2., subparagraph (1)(d)2., subparagraph (2)(a)1., or
10 paragraph (5)(a); and
11 (b) Has not previously been convicted, regardless of
12 whether adjudication was withheld, of any felony, other than a
13 violation of subparagraph (1)(a)1., subparagraph (1)(c)2.,
14 subparagraph (1)(d)2., subparagraph (2)(a)1., or paragraph
15 (5)(a),
16
17 may be required by the court to successfully complete a term
18 of probation pursuant to the terms and conditions set forth in
19 s. 948.034(1), in lieu of serving a term of imprisonment.
20 (10) Notwithstanding any provision of the sentencing
21 guidelines or the Criminal Punishment Code to the contrary, on
22 or after January 1, 1994, any defendant who:
23 (a) Violates subparagraph (1)(a)2., subparagraph
24 (2)(a)2., paragraph (5)(b), or paragraph (6)(a); and
25 (b) Has not previously been convicted, regardless of
26 whether adjudication was withheld, of any felony, other than a
27 violation of subparagraph (1)(a)2., subparagraph (2)(a)2.,
28 paragraph (5)(b), or paragraph (6)(a),
29
30
31
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1 may be required by the court to successfully complete a term
2 of probation pursuant to the terms and conditions set forth in
3 s. 948.034(2), in lieu of serving a term of imprisonment.
4 Section 4. Section 893.135, Florida Statutes, is
5 amended to read:
6 893.135 Trafficking; mandatory sentences; suspension
7 or reduction of sentences; conspiracy to engage in
8 trafficking.--
9 (1) Except as authorized in this chapter or in chapter
10 499 and notwithstanding the provisions of s. 893.13:
11 (a) Any person who knowingly sells, purchases,
12 manufactures, delivers, or brings into this state, or who is
13 knowingly in actual or constructive possession of, in excess
14 of 25 pounds of cannabis, or 300 or more cannabis plants,
15 commits a felony of the first degree, which felony shall be
16 known as "trafficking in cannabis," punishable as provided in
17 s. 775.082, s. 775.083, or s. 775.084." If the quantity of
18 cannabis involved:
19 1. Is in excess of 25 pounds, but less than 2,000
20 pounds, or is 300 or more cannabis plants, but not more than
21 2,000 cannabis plants, such person shall be sentenced to
22 pursuant to the Criminal Punishment Code and such sentence
23 shall include a mandatory minimum term of imprisonment of 3
24 years, and the defendant shall be ordered to pay a fine of
25 $25,000.
26 2. Is 2,000 pounds or more, but less than 10,000
27 pounds, or is 2,000 or more cannabis plants, but not more than
28 10,000 cannabis plants, such person shall be sentenced to
29 pursuant to the Criminal Punishment Code and such sentence
30 shall include a mandatory minimum term of imprisonment of 7
31
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1 years, and the defendant shall be ordered to pay a fine of
2 $50,000.
3 3. Is 10,000 pounds or more, or is 10,000 or more
4 cannabis plants, such person shall be sentenced to a mandatory
5 minimum term of imprisonment of 15 calendar years and pay a
6 fine of $200,000.
7
8 For the purpose of this paragraph, a plant, including, but not
9 limited to, a seedling or cutting, is a "cannabis plant" if it
10 has some readily observable evidence of root formation, such
11 as root hairs. To determine if a piece or part of a cannabis
12 plant severed from the cannabis plant is itself a cannabis
13 plant, the severed piece or part must have some readily
14 observable evidence of root formation, such as root hairs.
15 Callous tissue is not readily observable evidence of root
16 formation. The viability and sex of a plant and the fact that
17 the plant may or may not be a dead harvested plant are not
18 relevant in determining if the plant is a "cannabis plant" or
19 in the charging of an offense under this paragraph. Upon
20 conviction, the court shall impose the longest term of
21 imprisonment provided for in this paragraph.
22 (b)1. Any person who knowingly sells, purchases,
23 manufactures, delivers, or brings into this state, or who is
24 knowingly in actual or constructive possession of, 28 grams or
25 more of cocaine, as described in s. 893.03(2)(a)4., or of any
26 mixture containing cocaine, but less than 150 kilograms of
27 cocaine or any such mixture, commits a felony of the first
28 degree, which felony shall be known as "trafficking in
29 cocaine," punishable as provided in s. 775.082, s. 775.083, or
30 s. 775.084." If the quantity involved:
31
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1 a. Is 28 grams or more, but less than 200 grams, such
2 person shall be sentenced to pursuant to the Criminal
3 Punishment Code and such sentence shall include a mandatory
4 minimum term of imprisonment of 3 years, and the defendant
5 shall be ordered to pay a fine of $50,000.
6 b. Is 200 grams or more, but less than 400 grams, such
7 person shall be sentenced to pursuant to the Criminal
8 Punishment Code and such sentence shall include a mandatory
9 minimum term of imprisonment of 7 years, and the defendant
10 shall be ordered to pay a fine of $100,000.
11 c. Is 400 grams or more, but less than 150 kilograms,
12 such person shall be sentenced to a mandatory minimum term of
13 imprisonment of 15 calendar years and pay a fine of $250,000.
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, 150
17 kilograms or more of cocaine, as described in s.
18 893.03(2)(a)4., commits the first degree felony of trafficking
19 in cocaine. A person who has been convicted of the first
20 degree felony of trafficking in cocaine under this
21 subparagraph shall be punished by life imprisonment and is
22 ineligible for any form of discretionary early release except
23 pardon or executive clemency or conditional medical release
24 under s. 947.149. However, if the court determines that, in
25 addition to committing any act specified in this paragraph:
26 a. The person intentionally killed an individual or
27 counseled, commanded, induced, procured, or caused the
28 intentional killing of an individual and such killing was the
29 result; or
30 b. The person's conduct in committing that act led to
31 a natural, though not inevitable, lethal result,
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1
2 such person commits the capital felony of trafficking in
3 cocaine, punishable as provided in ss. 775.082 and 921.142.
4 Any person sentenced for a capital felony under this paragraph
5 shall also be sentenced to pay the maximum fine provided under
6 subparagraph 1.
7 3. Any person who knowingly brings into this state 300
8 kilograms or more of cocaine, as described in s.
9 893.03(2)(a)4., and who knows that the probable result of such
10 importation would be the death of any person, commits capital
11 importation of cocaine, a capital felony punishable as
12 provided in ss. 775.082 and 921.142. Any person sentenced for
13 a capital felony under this paragraph shall also be sentenced
14 to pay the maximum fine provided under subparagraph 1.
15 (c)1. Any person who knowingly sells, purchases,
16 manufactures, delivers, or brings into this state, or who is
17 knowingly in actual or constructive possession of, 4 grams or
18 more of any morphine, opium, oxycodone, hydrocodone,
19 hydromorphone, or any salt, derivative, isomer, or salt of an
20 isomer thereof, including heroin, as described in s.
21 893.03(1)(b) or (2)(a), or 4 grams or more of any mixture
22 containing any such substance, but less than 30 kilograms of
23 such substance or mixture, commits a felony of the first
24 degree, which felony shall be known as "trafficking in illegal
25 drugs," punishable as provided in s. 775.082, s. 775.083, or
26 s. 775.084." If the quantity involved:
27 a. Is 4 grams or more, but less than 14 grams, such
28 person shall be sentenced to pursuant to the Criminal
29 Punishment Code and such sentence shall include a mandatory
30 minimum term of imprisonment of 3 years, and the defendant
31 shall be ordered to pay a fine of $50,000.
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1 b. Is 14 grams or more, but less than 28 grams, such
2 person shall be sentenced to pursuant to the Criminal
3 Punishment Code and such sentence shall include a mandatory
4 minimum term of imprisonment of 15 years, and the defendant
5 shall be ordered to pay a fine of $100,000.
6 c. Is 28 grams or more, but less than 30 kilograms,
7 such person shall be sentenced to a mandatory minimum term of
8 imprisonment of 25 calendar years and pay a fine of $500,000.
9 2. Any person who knowingly sells, purchases,
10 manufactures, delivers, or brings into this state, or who is
11 knowingly in actual or constructive possession of, 30
12 kilograms or more of any morphine, opium, oxycodone,
13 hydrocodone, hydromorphone, or any salt, derivative, isomer,
14 or salt of an isomer thereof, including heroin, as described
15 in s. 893.03(1)(b) or (2)(a), or 30 kilograms or more of any
16 mixture containing any such substance, commits the first
17 degree felony of trafficking in illegal drugs. A person who
18 has been convicted of the first degree felony of trafficking
19 in illegal drugs under this subparagraph shall be punished by
20 life imprisonment and is ineligible for any form of
21 discretionary early release except pardon or executive
22 clemency or conditional medical release under s. 947.149.
23 However, if the court determines that, in addition to
24 committing any act specified in this paragraph:
25 a. The person intentionally killed an individual or
26 counseled, commanded, induced, procured, or caused the
27 intentional killing of an individual and such killing was the
28 result; or
29 b. The person's conduct in committing that act led to
30 a natural, though not inevitable, lethal result,
31
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1 such person commits the capital felony of trafficking in
2 illegal drugs, punishable as provided in ss. 775.082 and
3 921.142. Any person sentenced for a capital felony under this
4 paragraph shall also be sentenced to pay the maximum fine
5 provided under subparagraph 1.
6 3. Any person who knowingly brings into this state 60
7 kilograms or more of any morphine, opium, oxycodone,
8 hydrocodone, hydromorphone, or any salt, derivative, isomer,
9 or salt of an isomer thereof, including heroin, as described
10 in s. 893.03(1)(b) or (2)(a), or 60 kilograms or more of any
11 mixture containing any such substance, and who knows that the
12 probable result of such importation would be the death of any
13 person, commits capital importation of illegal drugs, a
14 capital felony punishable as provided in ss. 775.082 and
15 921.142. Any person sentenced for a capital felony under this
16 paragraph shall also be sentenced to pay the maximum fine
17 provided under subparagraph 1.
18 (d)1. Any person who knowingly sells, purchases,
19 manufactures, delivers, or brings into this state, or who is
20 knowingly in actual or constructive possession of, 28 grams or
21 more of phencyclidine or of any mixture containing
22 phencyclidine, as described in s. 893.03(2)(b), commits a
23 felony of the first degree, which felony shall be known as
24 "trafficking in phencyclidine," punishable as provided in s.
25 775.082, s. 775.083, or s. 775.084." If the quantity involved:
26 a. Is 28 grams or more, but less than 200 grams, such
27 person shall be sentenced to pursuant to the Criminal
28 Punishment Code and such sentence shall include a mandatory
29 minimum term of imprisonment of 3 years, and the defendant
30 shall be ordered to pay a fine of $50,000.
31
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1 b. Is 200 grams or more, but less than 400 grams, such
2 person shall be sentenced to pursuant to the Criminal
3 Punishment Code and such sentence shall include a mandatory
4 minimum term of imprisonment of 7 years, and the defendant
5 shall be ordered to pay a fine of $100,000.
6 c. Is 400 grams or more, such person shall be
7 sentenced to a mandatory minimum term of imprisonment of 15
8 calendar years and pay a fine of $250,000.
9 2. Any person who knowingly brings into this state 800
10 grams or more of phencyclidine or of any mixture containing
11 phencyclidine, as described in s. 893.03(2)(b), and who knows
12 that the probable result of such importation would be the
13 death of any person commits capital importation of
14 phencyclidine, a capital felony punishable as provided in ss.
15 775.082 and 921.142. Any person sentenced for a capital felony
16 under this paragraph shall also be sentenced to pay the
17 maximum fine provided under subparagraph 1.
18 (e)1. Any person who knowingly sells, purchases,
19 manufactures, delivers, or brings into this state, or who is
20 knowingly in actual or constructive possession of, 200 grams
21 or more of methaqualone or of any mixture containing
22 methaqualone, as described in s. 893.03(1)(d), commits a
23 felony of the first degree, which felony shall be known as
24 "trafficking in methaqualone," punishable as provided in s.
25 775.082, s. 775.083, or s. 775.084." If the quantity involved:
26 a. Is 200 grams or more, but less than 5 kilograms,
27 such person shall be sentenced to pursuant to the Criminal
28 Punishment Code and such sentence shall include a mandatory
29 minimum term of imprisonment of 3 years, and the defendant
30 shall be ordered to pay a fine of $50,000.
31
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1 b. Is 5 kilograms or more, but less than 25 kilograms,
2 such person shall be sentenced to pursuant to the Criminal
3 Punishment Code and such sentence shall include a mandatory
4 minimum term of imprisonment of 7 years, and the defendant
5 shall be ordered to pay a fine of $100,000.
6 c. Is 25 kilograms or more, such person shall be
7 sentenced to a mandatory minimum term of imprisonment of 15
8 calendar years and pay a fine of $250,000.
9 2. Any person who knowingly brings into this state 50
10 kilograms or more of methaqualone or of any mixture containing
11 methaqualone, as described in s. 893.03(1)(d), and who knows
12 that the probable result of such importation would be the
13 death of any person commits capital importation of
14 methaqualone, a capital felony punishable as provided in ss.
15 775.082 and 921.142. Any person sentenced for a capital felony
16 under this paragraph shall also be sentenced to pay the
17 maximum fine provided under subparagraph 1.
18 (f)1. Any person who knowingly sells, purchases,
19 manufactures, delivers, or brings into this state, or who is
20 knowingly in actual or constructive possession of, 14 grams or
21 more of amphetamine, as described in s. 893.03(2)(c)2., or
22 methamphetamine, as described in s. 893.03(2)(c)4., or of any
23 mixture containing amphetamine or methamphetamine, or
24 phenylacetone, phenylacetic acid, or ephedrine in conjunction
25 with other chemicals and equipment utilized in the manufacture
26 of amphetamine or methamphetamine, commits a felony of the
27 first degree, which felony shall be known as "trafficking in
28 amphetamine," punishable as provided in s. 775.082, s.
29 775.083, or s. 775.084." If the quantity involved:
30 a. Is 14 grams or more, but less than 28 grams, such
31 person shall be sentenced to pursuant to the Criminal
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1 Punishment Code and such sentence shall include a mandatory
2 minimum term of imprisonment of 3 years, and the defendant
3 shall be ordered to pay a fine of $50,000.
4 b. Is 28 grams or more, but less than 200 grams, such
5 person shall be sentenced to pursuant to the Criminal
6 Punishment Code and such sentence shall include a mandatory
7 minimum term of imprisonment of 7 years and the defendant
8 shall be ordered to pay a fine of $100,000.
9 c. Is 200 grams or more, such person shall be
10 sentenced to a mandatory minimum term of imprisonment of 15
11 calendar years and pay a fine of $250,000.
12 2. Any person who knowingly manufactures or brings
13 into this state 400 grams or more of amphetamine, as described
14 in s. 893.03(2)(c)2., or methamphetamine, as described in s.
15 893.03(2)(c)4., or of any mixture containing amphetamine or
16 methamphetamine, or phenylacetone, phenylacetic acid, or
17 ephedrine in conjunction with other chemicals and equipment
18 used utilized in the manufacture of amphetamine or
19 methamphetamine, and who knows that the probable result of
20 such manufacture or importation would be the death of any
21 person commits capital manufacture or importation of
22 amphetamine, a capital felony punishable as provided in ss.
23 775.082 and 921.142. Any person sentenced for a capital felony
24 under this paragraph shall also be sentenced to pay the
25 maximum fine provided under subparagraph 1.
26 (g)1. Any person who knowingly sells, purchases,
27 manufactures, delivers, or brings into this state, or who is
28 knowingly in actual or constructive possession of, 4 grams or
29 more of flunitrazepam or any mixture containing flunitrazepam
30 as described in s. 893.03(1)(a) commits a felony of the first
31 degree, which felony shall be known as "trafficking in
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1 flunitrazepam," punishable as provided in s. 775.082, s.
2 775.083, or s. 775.084." If the quantity involved:
3 a. Is 4 grams or more but less than 14 grams, such
4 person shall be sentenced to pursuant to the Criminal
5 Punishment Code and such sentence shall include a mandatory
6 minimum term of imprisonment of 3 years and the defendant
7 shall be ordered to pay a fine of $50,000.
8 b. Is 14 grams or more but less than 28 grams, such
9 person shall be sentenced to pursuant to the Criminal
10 Punishment Code and such sentence shall include a mandatory
11 minimum term of imprisonment of 7 years, and the defendant
12 shall be ordered to pay a fine of $100,000.
13 c. Is 28 grams or more but less than 30 kilograms,
14 such person shall be sentenced to a mandatory minimum term of
15 imprisonment of 25 calendar years and pay a fine of $500,000.
16 2. Any person who knowingly sells, purchases,
17 manufactures, delivers, or brings into this state or who is
18 knowingly in actual or constructive possession of 30 kilograms
19 or more of flunitrazepam or any mixture containing
20 flunitrazepam as described in s. 893.03(1)(a) commits the
21 first degree felony of trafficking in flunitrazepam. A person
22 who has been convicted of the first degree felony of
23 trafficking in flunitrazepam under this subparagraph shall be
24 punished by life imprisonment and is ineligible for any form
25 of discretionary early release except pardon or executive
26 clemency or conditional medical release under s. 947.149.
27 However, if the court determines that, in addition to
28 committing any act specified in this paragraph:
29 a. The person intentionally killed an individual or
30 counseled, commanded, induced, procured, or caused the
31
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1 intentional killing of an individual and such killing was the
2 result; or
3 b. The person's conduct in committing that act led to
4 a natural, though not inevitable, lethal result,
5
6 such person commits the capital felony of trafficking in
7 flunitrazepam, punishable as provided in ss. 775.082 and
8 921.142. Any person sentenced for a capital felony under this
9 paragraph shall also be sentenced to pay the maximum fine
10 provided under subparagraph 1.
11 (h)1. Any person who knowingly sells, purchases,
12 manufactures, delivers, or brings into this state, or who is
13 knowingly in actual or constructive possession of, 1 kilogram
14 or more of gamma-hydroxybutyric acid (GHB), as described in s.
15 893.03(2)(b), or any mixture containing gamma-hydroxybutyric
16 acid (GHB), commits a felony of the first degree, which felony
17 shall be known as "trafficking in gamma-hydroxybutyric acid
18 (GHB)," punishable as provided in s. 775.082, s. 775.083, or
19 s. 775.084. If the quantity involved:
20 a. Is 1 kilogram or more but less than 5 kilograms,
21 such person shall be sentenced to a mandatory minimum term of
22 imprisonment of 3 years, and the defendant shall be ordered to
23 pay a fine of $50,000.
24 b. Is 5 kilograms or more but less than 10 kilograms,
25 such person shall be sentenced to a mandatory minimum term of
26 imprisonment of 7 years, and the defendant shall be ordered to
27 pay a fine of $100,000.
28 c. Is 10 kilograms or more, such person shall be
29 sentenced to a mandatory minimum term of imprisonment of 15
30 calendar years and pay a fine of $250,000.
31
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1 2. Any person who knowingly manufactures or brings
2 into this state 150 kilograms or more of gamma-hydroxybutyric
3 acid (GHB), as described in s. 893.03(2)(b), or any mixture
4 containing gamma-hydroxybutyric acid (GHB), and who knows that
5 the probable result of such manufacture or importation would
6 be the death of any person commits capital manufacture or
7 importation of gamma-hydroxybutyric acid (GHB), a capital
8 felony punishable as provided in ss. 775.082 and 921.142. Any
9 person sentenced for a capital felony under this paragraph
10 shall also be sentenced to pay the maximum fine provided under
11 subparagraph 1.
12 (i)1. Any person who knowingly sells, purchases,
13 manufactures, delivers, or brings into this state, or who is
14 knowingly in actual or constructive possession of, 1 kilogram
15 or more of 1,4-Butanediol as described in s. 893.03(2)(b), or
16 of any mixture containing 1,4-Butanediol, commits a felony of
17 the first degree, which felony shall be known as "trafficking
18 in 1,4-Butanediol," punishable as provided in s. 775.082, s.
19 775.083, or s. 775.084. If the quantity involved:
20 a. Is 1 kilogram or more, but less than 5 kilograms,
21 such person shall be sentenced to a mandatory minimum term of
22 imprisonment of 3 years, and the defendant shall be ordered to
23 pay a fine of $50,000.
24 b. Is 5 kilograms or more, but less than 10 kilograms,
25 such person shall be sentenced to a mandatory minimum term of
26 imprisonment of 7 years, and the defendant shall be ordered to
27 pay a fine of $100,000.
28 c. Is 10 kilograms or more, such person shall be
29 sentenced to a mandatory minimum term of imprisonment of 15
30 calendar years and pay a fine of $500,000.
31
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1 2. Any person who knowingly manufactures or brings
2 into this state 150 kilograms or more of 1,4-Butanediol as
3 described in s. 893.03(2)(b), or any mixture containing
4 1,4-Butanediol, and who knows that the probable result of such
5 manufacture or importation would be the death of any person
6 commits capital manufacture or importation of 1,4-Butanediol,
7 a capital felony punishable as provided in ss. 775.082 and
8 921.142. Any person sentenced for a capital felony under this
9 paragraph shall also be sentenced to pay the maximum fine
10 provided under subparagraph 1.
11 (j)1. Any person who knowingly sells, purchases,
12 manufactures, delivers, or brings into this state, or who is
13 knowingly in actual or constructive possession of, 10 grams or
14 more of any of the following substances described in s.
15 893.03(1)(a) or (c):
16 a. 3,4-Methylenedioxymethamphetamine (MDMA);
17 b. 4-Bromo-2,5-dimethoxyamphetamine;
18 c. 4-Bromo-2,5-dimethoxyphenethylamine;
19 d. 2,5-Dimethoxyamphetamine;
20 e. 2,5-Dimethoxy-4-ethylamphetamine (DOET);
21 f. N-ethylamphetamine;
22 g. N-Hydroxy-3,4-methylenedioxyamphetamine;
23 h. 5-Methoxy-3,4-methylenedioxyamphetamine;
24 i. 4-methoxyamphetamine;
25 j. 4-Methyl-2,5-dimethoxyamphetamine;
26 k. 3,4-Methylenedioxy-N-ethylamphetamine;
27 l. 3,4-Methylenedioxyamphetamine;
28 m. N,N-dimethylamphetamine; or
29 n. 3,4,5-Trimethoxyamphetamine,
30
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1 individually or in any combination of or any mixture
2 containing any substance listed in sub-subparagraphs a.-n.,
3 commits a felony of the first degree, which felony shall be
4 known as "trafficking in Phenethylamines," punishable as
5 provided in s. 775.082, s. 775.083, or s. 775.084.
6 2. If the quantity involved:
7 a. Is 10 grams or more but less than 200 grams, such
8 person shall be sentenced to a mandatory minimum term of
9 imprisonment of 3 years, and the defendant shall be ordered to
10 pay a fine of $50,000.
11 b. Is 200 grams or more, but less than 400 grams, such
12 person shall be sentenced to a mandatory minimum term of
13 imprisonment of 7 years, and the defendant shall be ordered to
14 pay a fine of $100,000.
15 c. Is 400 grams or more, such person shall be
16 sentenced to a mandatory minimum term of imprisonment of 15
17 calendar years and pay a fine of $250,000.
18 3. Any person who knowingly manufactures or brings
19 into this state 30 kilograms or more of any of the following
20 substances described in s. 893.03(1)(a) or (c):
21 a. 3,4-Methylenedioxymethamphetamine (MDMA);
22 b. 4-Bromo-2,5-dimethoxyamphetamine;
23 c. 4-Bromo-2,5-dimethoxyphenethylamine;
24 d. 2,5-Dimethoxyamphetamine;
25 e. 2,5-Dimethoxy-4-ethylamphetamine (DOET);
26 f. N-ethylamphetamine;
27 g. N-Hydroxy-3,4-methylenedioxyamphetamine;
28 h. 5-Methoxy-3,4-methylenedioxyamphetamine;
29 i. 4-methoxyamphetamine;
30 j. 4-Methyl-2,5-dimethoxyamphetamine;
31 k. 3,4-Methylenedioxy-N-ethylamphetamine;
33
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1 l. 3,4-Methylenedioxyamphetamine;
2 m. N,N-dimethylamphetamine; or
3 n. 3,4,5-Trimethoxyamphetamine,
4
5 individually or in any combination of or any mixture
6 containing any substance listed in sub-subparagraphs a.-n.,
7 and who knows that the probable result of such manufacture or
8 importation would be the death of any person commits capital
9 manufacture or importation of Phenethylamines, a capital
10 felony punishable as provided in ss. 775.082 and 921.142. Any
11 person sentenced for a capital felony under this paragraph
12 shall also be sentenced to pay the maximum fine provided under
13 subparagraph 1.
14 (2) A person acts knowingly under subsection (1) if
15 that person intends to sell, purchase, manufacture, deliver,
16 or bring into this state, or to actually or constructively
17 possess, any of the controlled substances listed in subsection
18 (1), regardless of which controlled substance listed in
19 subsection (1) is in fact sold, purchased, manufactured,
20 delivered, or brought into this state, or actually or
21 constructively possessed.
22 (3) Notwithstanding the provisions of s. 948.01, with
23 respect to any person who is found to have violated this
24 section, adjudication of guilt or imposition of sentence shall
25 not be suspended, deferred, or withheld, nor shall such person
26 be eligible for parole prior to serving the mandatory minimum
27 term of imprisonment prescribed by this section. A person
28 sentenced to a mandatory minimum term of imprisonment under
29 this section is not eligible for any form of discretionary
30 early release, except pardon or executive clemency or
31
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1 conditional medical release under s. 947.149, prior to serving
2 the mandatory minimum term of imprisonment.
3 (4) The state attorney may move the sentencing court
4 to reduce or suspend the sentence of any person who is
5 convicted of a violation of this section and who provides
6 substantial assistance in the identification, arrest, or
7 conviction of any of that person's accomplices, accessories,
8 coconspirators, or principals or of any other person engaged
9 in trafficking in controlled substances. The arresting agency
10 shall be given an opportunity to be heard in aggravation or
11 mitigation in reference to any such motion. Upon good cause
12 shown, the motion may be filed and heard in camera. The judge
13 hearing the motion may reduce or suspend the sentence if the
14 judge finds that the defendant rendered such substantial
15 assistance.
16 (5) Any person who agrees, conspires, combines, or
17 confederates with another person to commit any act prohibited
18 by subsection (1) commits a felony of the first degree and is
19 punishable as if he or she had actually committed such
20 prohibited act. Nothing in this subsection shall be construed
21 to prohibit separate convictions and sentences for a violation
22 of this subsection and any violation of subsection (1).
23 Section 5. Subsections (2) and (3) of section 775.087,
24 Florida Statutes, are amended to read:
25 775.087 Possession or use of weapon; aggravated
26 battery; felony reclassification; minimum sentence.--
27 (2)(a)1. Any person who is convicted of a felony or an
28 attempt to commit a felony, regardless of whether the use of a
29 weapon is an element of the felony, and the conviction was
30 for:
31 a. Murder;
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1 b. Sexual battery;
2 c. Robbery;
3 d. Burglary;
4 e. Arson;
5 f. Aggravated assault;
6 g. Aggravated battery;
7 h. Kidnapping;
8 i. Escape;
9 j. Aircraft piracy;
10 k. Aggravated child abuse;
11 l. Aggravated abuse of an elderly person or disabled
12 adult;
13 m. Unlawful throwing, placing, or discharging of a
14 destructive device or bomb;
15 n. Carjacking;
16 o. Home-invasion robbery;
17 p. Aggravated stalking;
18 q. Trafficking in cannabis, trafficking in cocaine,
19 capital importation of cocaine, trafficking in illegal drugs,
20 capital importation of illegal drugs, trafficking in
21 phencyclidine, capital importation of phencyclidine,
22 trafficking in methaqualone, capital importation of
23 methaqualone, trafficking in amphetamine, capital importation
24 of amphetamine, trafficking in flunitrazepam, trafficking in
25 gamma-hydroxybutyric acid (GHB), trafficking in
26 1,4-Butanediol, trafficking in Phenethylamines, or other
27 violation of s. 893.135(1); or
28 r. Possession of a firearm by a felon
29
30 and during the commission of the offense, such person actually
31 possessed a "firearm" or "destructive device" as those terms
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1 are defined in s. 790.001, shall be sentenced to a minimum
2 term of imprisonment of 10 years, except that a person who is
3 convicted for aggravated assault, possession of a firearm by a
4 felon, or burglary of a conveyance shall be sentenced to a
5 minimum term of imprisonment of 3 years if such person
6 possessed a "firearm" or "destructive device" during the
7 commission of the offense.
8 2. Any person who is convicted of a felony or an
9 attempt to commit a felony listed in sub-subparagraphs
10 (a)1.a.-q., regardless of whether the use of a weapon is an
11 element of the felony, and during the course of the commission
12 of the felony such person discharged a "firearm" or
13 "destructive device" as defined in s. 790.001 shall be
14 sentenced to a minimum term of imprisonment of 20 years.
15 3. Any person who is convicted of a felony or an
16 attempt to commit a felony listed in sub-subparagraphs
17 (a)1.a.-q., regardless of whether the use of a weapon is an
18 element of the felony, and during the course of the commission
19 of the felony such person discharged a "firearm" or
20 "destructive device" as defined in s. 790.001 and, as the
21 result of the discharge, death or great bodily harm was
22 inflicted upon any person, the convicted person shall be
23 sentenced to a minimum term of imprisonment of not less than
24 25 years and not more than a term of imprisonment of life in
25 prison.
26 (b) Subparagraph (a)1., subparagraph (a)2., or
27 subparagraph (a)3. does not prevent a court from imposing a
28 longer sentence of incarceration as authorized by law in
29 addition to the minimum mandatory sentence, or from imposing a
30 sentence of death pursuant to other applicable law.
31 Subparagraph (a)1., subparagraph (a)2., or subparagraph (a)3.
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1 does not authorize a court to impose a lesser sentence than
2 otherwise required by law.
3
4 Notwithstanding s. 948.01, adjudication of guilt or imposition
5 of sentence shall not be suspended, deferred, or withheld, and
6 the defendant is not eligible for statutory gain-time under s.
7 944.275 or any form of discretionary early release, other than
8 pardon or executive clemency, or conditional medical release
9 under s. 947.149, prior to serving the minimum sentence.
10 (c) If the minimum mandatory terms of imprisonment
11 imposed pursuant to this section exceed the maximum sentences
12 authorized by s. 775.082, s. 775.084, or the Criminal
13 Punishment Code under chapter 921, then the mandatory minimum
14 sentence must be imposed. If the mandatory minimum terms of
15 imprisonment pursuant to this section are less than the
16 sentences that could be imposed as authorized by s. 775.082,
17 s. 775.084, or the Criminal Punishment Code under chapter 921,
18 then the sentence imposed by the court must include the
19 mandatory minimum term of imprisonment as required in this
20 section.
21 (d) It is the intent of the Legislature that offenders
22 who actually possess, carry, display, use, threaten to use, or
23 attempt to use firearms or destructive devices be punished to
24 the fullest extent of the law, and the minimum terms of
25 imprisonment imposed pursuant to this subsection shall be
26 imposed for each qualifying felony count for which the person
27 is convicted. The court shall impose any term of imprisonment
28 provided for in this subsection consecutively to any other
29 term of imprisonment imposed for any other felony offense.
30 (3)(a)1. Any person who is convicted of a felony or an
31 attempt to commit a felony, regardless of whether the use of a
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1 firearm is an element of the felony, and the conviction was
2 for:
3 a. Murder;
4 b. Sexual battery;
5 c. Robbery;
6 d. Burglary;
7 e. Arson;
8 f. Aggravated assault;
9 g. Aggravated battery;
10 h. Kidnapping;
11 i. Escape;
12 j. Sale, manufacture, delivery, or intent to sell,
13 manufacture, or deliver any controlled substance;
14 k. Aircraft piracy;
15 l. Aggravated child abuse;
16 m. Aggravated abuse of an elderly person or disabled
17 adult;
18 n. Unlawful throwing, placing, or discharging of a
19 destructive device or bomb;
20 o. Carjacking;
21 p. Home-invasion robbery;
22 q. Aggravated stalking; or
23 r. Trafficking in cannabis, trafficking in cocaine,
24 capital importation of cocaine, trafficking in illegal drugs,
25 capital importation of illegal drugs, trafficking in
26 phencyclidine, capital importation of phencyclidine,
27 trafficking in methaqualone, capital importation of
28 methaqualone, trafficking in amphetamine, capital importation
29 of amphetamine, trafficking in flunitrazepam, trafficking in
30 gamma-hydroxybutyric acid (GHB), trafficking in
31
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1 1,4-Butanediol, trafficking in Phenethylamines, or other
2 violation of s. 893.135(1);
3
4 and during the commission of the offense, such person
5 possessed a semiautomatic firearm and its high-capacity
6 detachable box magazine or a machine gun as defined in s.
7 790.001, shall be sentenced to a minimum term of imprisonment
8 of 15 years.
9 2. Any person who is convicted of a felony or an
10 attempt to commit a felony listed in subparagraph (a)1.,
11 regardless of whether the use of a weapon is an element of the
12 felony, and during the course of the commission of the felony
13 such person discharged a semiautomatic firearm and its
14 high-capacity box magazine or a "machine gun" as defined in s.
15 790.001 shall be sentenced to a minimum term of imprisonment
16 of 20 years.
17 3. Any person who is convicted of a felony or an
18 attempt to commit a felony listed in subparagraph (a)1.,
19 regardless of whether the use of a weapon is an element of the
20 felony, and during the course of the commission of the felony
21 such person discharged a semiautomatic firearm and its
22 high-capacity box magazine or a "machine gun" as defined in s.
23 790.001 and, as the result of the discharge, death or great
24 bodily harm was inflicted upon any person, the convicted
25 person shall be sentenced to a minimum term of imprisonment of
26 not less than 25 years and not more than a term of
27 imprisonment of life in prison.
28 (b) Subparagraph (a)1., subparagraph (a)2., or
29 subparagraph (a)3. does not prevent a court from imposing a
30 longer sentence of incarceration as authorized by law in
31 addition to the minimum mandatory sentence, or from imposing a
40
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1 sentence of death pursuant to other applicable law.
2 Subparagraph (a)1., subparagraph (a)2., or subparagraph (a)3.
3 does not authorize a court to impose a lesser sentence than
4 otherwise required by law.
5
6 Notwithstanding s. 948.01, adjudication of guilt or imposition
7 of sentence shall not be suspended, deferred, or withheld, and
8 the defendant is not eligible for statutory gain-time under s.
9 944.275 or any form of discretionary early release, other than
10 pardon or executive clemency, or conditional medical release
11 under s. 947.149, prior to serving the minimum sentence.
12 (c) If the minimum mandatory terms of imprisonment
13 imposed pursuant to this section exceed the maximum sentences
14 authorized by s. 775.082, s. 775.084, or the Criminal
15 Punishment Code under chapter 921, then the mandatory minimum
16 sentence must be imposed. If the mandatory minimum terms of
17 imprisonment pursuant to this section are less than the
18 sentences that could be imposed as authorized by s. 775.082,
19 s. 775.084, or the Criminal Punishment Code under chapter 921,
20 then the sentence imposed by the court must include the
21 mandatory minimum term of imprisonment as required in this
22 section.
23 (d) It is the intent of the Legislature that offenders
24 who possess, carry, display, use, threaten to use, or attempt
25 to use a semiautomatic firearm and its high-capacity
26 detachable box magazine or a machine gun as defined in s.
27 790.001 be punished to the fullest extent of the law, and the
28 minimum terms of imprisonment imposed pursuant to this
29 subsection shall be imposed for each qualifying felony count
30 for which the person is convicted. The court shall impose any
31 term of imprisonment provided for in this subsection
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1 consecutively to any other term of imprisonment imposed for
2 any other felony offense.
3 (e) As used in this subsection, the term:
4 1. "High-capacity detachable box magazine" means any
5 detachable box magazine, for use in a semiautomatic firearm,
6 which is capable of being loaded with more than 20 centerfire
7 cartridges.
8 2. "Semiautomatic firearm" means a firearm which is
9 capable of firing a series of rounds by separate successive
10 depressions of the trigger and which uses the energy of
11 discharge to perform a portion of the operating cycle.
12 Section 6. Section 893.145, Florida Statutes, is
13 amended to read:
14 893.145 "Drug paraphernalia" defined.--The term "drug
15 paraphernalia" means all equipment, products, and materials of
16 any kind which are used, intended for use, or designed for use
17 in planting, propagating, cultivating, growing, harvesting,
18 manufacturing, compounding, converting, producing, processing,
19 preparing, testing, analyzing, packaging, repackaging,
20 storing, containing, concealing, injecting, ingesting,
21 inhaling, or otherwise introducing into the human body a
22 controlled substance in violation of this chapter or s.
23 877.111. Drug paraphernalia is deemed to be contraband which
24 shall be subject to civil forfeiture. The term includes, but
25 is not limited to:
26 (1) Kits used, intended for use, or designed for use
27 in the planting, propagating, cultivating, growing, or
28 harvesting of any species of plant which is a controlled
29 substance or from which a controlled substance can be derived.
30
31
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1 (2) Kits used, intended for use, or designed for use
2 in manufacturing, compounding, converting, producing,
3 processing, or preparing controlled substances.
4 (3) Isomerization devices used, intended for use, or
5 designed for use in increasing the potency of any species of
6 plant which is a controlled substance.
7 (4) Testing equipment used, intended for use, or
8 designed for use in identifying, or in analyzing the strength,
9 effectiveness, or purity of, controlled substances.
10 (5) Scales and balances used, intended for use, or
11 designed for use in weighing or measuring controlled
12 substances.
13 (6) Diluents and adulterants, such as quinine
14 hydrochloride, mannitol, mannite, dextrose, and lactose, used,
15 intended for use, or designed for use in cutting controlled
16 substances.
17 (7) Separation gins and sifters used, intended for
18 use, or designed for use in removing twigs and seeds from, or
19 in otherwise cleaning or refining, cannabis.
20 (8) Blenders, bowls, containers, spoons, and mixing
21 devices used, intended for use, or designed for use in
22 compounding controlled substances.
23 (9) Capsules, balloons, envelopes, and other
24 containers used, intended for use, or designed for use in
25 packaging small quantities of controlled substances.
26 (10) Containers and other objects used, intended for
27 use, or designed for use in storing or concealing controlled
28 substances.
29 (11) Hypodermic syringes, needles, and other objects
30 used, intended for use, or designed for use in parenterally
31 injecting controlled substances into the human body.
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1 (12) Objects used, intended for use, or designed for
2 use in ingesting, inhaling, or otherwise introducing cannabis,
3 cocaine, hashish, or hashish oil, or nitrous oxide into the
4 human body, such as:
5 (a) Metal, wooden, acrylic, glass, stone, plastic, or
6 ceramic pipes, with or without screens, permanent screens,
7 hashish heads, or punctured metal bowls.
8 (b) Water pipes.
9 (c) Carburetion tubes and devices.
10 (d) Smoking and carburetion masks.
11 (e) Roach clips: meaning objects used to hold burning
12 material, such as a cannabis cigarette, that has become too
13 small or too short to be held in the hand.
14 (f) Miniature cocaine spoons, and cocaine vials.
15 (g) Chamber pipes.
16 (h) Carburetor pipes.
17 (i) Electric pipes.
18 (j) Air-driven pipes.
19 (k) Chillums.
20 (l) Bongs.
21 (m) Ice pipes or chillers.
22 (n) A cartridge or canister, which means a small metal
23 device used to contain nitrous oxide.
24 (o) A charger, sometimes referred to as a "cracker,"
25 which means a small metal or plastic device that contains an
26 interior pin that may be used to expel nitrous oxide from a
27 cartridge or container.
28 (p) A charging bottle, which means a device that may
29 be used to expel nitrous oxide from a cartridge or canister.
30 (q) A whip-it, which means a device that may be used
31 to expel nitrous oxide.
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1 (r) A tank.
2 (s) A balloon.
3 (t) A hose or tube.
4 (u) A 2-liter-type soda bottle.
5 (v) Duct tape.
6 Section 7. Paragraphs (b), (c), (d), (e), (g), (h),
7 and (i) of subsection (3) of section 921.0022, Florida
8 Statutes, are amended to read:
9 921.0022 Criminal Punishment Code; offense severity
10 ranking chart.--
11 (3) OFFENSE SEVERITY RANKING CHART
12
13 Florida Felony
14 Statute Degree Description
15
16
17 (b) LEVEL 2
18 403.413(5)(c) 3rd Dumps waste litter exceeding 500
19 lbs. in weight or 100 cubic feet
20 in volume or any quantity for
21 commercial purposes, or hazardous
22 waste.
23 517.07 3rd Registration of securities and
24 furnishing of prospectus
25 required.
26 590.28(1) 3rd Willful, malicious, or
27 intentional burning.
28 784.05(3) 3rd Storing or leaving a loaded
29 firearm within reach of minor who
30 uses it to inflict injury or
31 death.
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1 787.04(1) 3rd In violation of court order,
2 take, entice, etc., minor beyond
3 state limits.
4 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000
5 or more to public communication
6 or any other public service.
7 810.09(2)(e) 3rd Trespassing on posted commerical
8 horticulture property.
9 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or
10 more but less than $5,000.
11 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or
12 more but less than $300, taken
13 from unenclosed curtilage of
14 dwelling.
15 817.234(1)(a)2. 3rd False statement in support of
16 insurance claim.
17 817.481(3)(a) 3rd Obtain credit or purchase with
18 false, expired, counterfeit,
19 etc., credit card, value over
20 $300.
21 817.52(3) 3rd Failure to redeliver hired
22 vehicle.
23 817.54 3rd With intent to defraud, obtain
24 mortgage note, etc., by false
25 representation.
26 817.60(5) 3rd Dealing in credit cards of
27 another.
28 817.60(6)(a) 3rd Forgery; purchase goods, services
29 with false card.
30
31
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1 817.61 3rd Fraudulent use of credit cards
2 over $100 or more within 6
3 months.
4 826.04 3rd Knowingly marries or has sexual
5 intercourse with person to whom
6 related.
7 831.01 3rd Forgery.
8 831.02 3rd Uttering forged instrument;
9 utters or publishes alteration
10 with intent to defraud.
11 831.07 3rd Forging bank bills or promissory
12 note.
13 831.08 3rd Possession of 10 or more forged
14 notes.
15 831.09 3rd Uttering forged bills; passes as
16 bank bill or promissory note.
17 832.05(3)(a) 3rd Cashing or depositing item with
18 intent to defraud.
19 843.08 3rd Falsely impersonating an officer.
20 893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c),
21 (2)(c)1., (2)(c)2., (2)(c)3.,
22 (2)(c)5., (2)(c)6., (2)(c)7.,
23 (2)(c)8., (2)(c)9. (2)(c), (3),
24 or (4) drugs other than cannabis.
25 893.147(2) 3rd Manufacture or delivery of drug
26 paraphernalia.
27 (c) LEVEL 3
28 316.1935(2) 3rd Fleeing or attempting to elude
29 law enforcement officer in marked
30 patrol vehicle with siren and
31 lights activated.
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1 319.30(4) 3rd Possession by junkyard of motor
2 vehicle with identification
3 number plate removed.
4 319.33(1)(a) 3rd Alter or forge any certificate of
5 title to a motor vehicle or
6 mobile home.
7 319.33(1)(c) 3rd Procure or pass title on stolen
8 vehicle.
9 319.33(4) 3rd With intent to defraud, possess,
10 sell, etc., a blank, forged, or
11 unlawfully obtained title or
12 registration.
13 328.05(2) 3rd Possess, sell, or counterfeit
14 fictitious, stolen, or fraudulent
15 titles or bills of sale of
16 vessels.
17 328.07(4) 3rd Manufacture, exchange, or possess
18 vessel with counterfeit or wrong
19 ID number.
20 376.302(5) 3rd Fraud related to reimbursement
21 for cleanup expenses under the
22 Inland Protection Trust Fund.
23 501.001(2)(b) 2nd Tampers with a consumer product
24 or the container using materially
25 false/misleading information.
26 697.08 3rd Equity skimming.
27 790.15(3) 3rd Person directs another to
28 discharge firearm from a vehicle.
29 796.05(1) 3rd Live on earnings of a prostitute.
30
31
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1 806.10(1) 3rd Maliciously injure, destroy, or
2 interfere with vehicles or
3 equipment used in firefighting.
4 806.10(2) 3rd Interferes with or assaults
5 firefighter in performance of
6 duty.
7 810.09(2)(c) 3rd Trespass on property other than
8 structure or conveyance armed
9 with firearm or dangerous weapon.
10 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but
11 less than $10,000.
12 815.04(4)(b) 2nd Computer offense devised to
13 defraud or obtain property.
14 817.034(4)(a)3. 3rd Engages in scheme to defraud
15 (Florida Communications Fraud
16 Act), property valued at less
17 than $20,000.
18 817.233 3rd Burning to defraud insurer.
19 828.12(2) 3rd Tortures any animal with intent
20 to inflict intense pain, serious
21 physical injury, or death.
22 831.29 2nd Possession of instruments for
23 counterfeiting drivers' licenses
24 or identification cards.
25 838.021(3)(b) 3rd Threatens unlawful harm to public
26 servant.
27 843.19 3rd Injure, disable, or kill police
28 dog or horse.
29 870.01(2) 3rd Riot; inciting or encouraging.
30
31
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1 893.13(1)(a)2. 3rd Sell, manufacture, or deliver
2 cannabis (or other s.
3 893.03(1)(c), (2)(c)1., (2)(c)2.,
4 (2)(c)3., (2)(c)5., (2)(c)6.,
5 (2)(c)7., (2)(c)8., (2)(c)9.
6 (2)(c), (3), or (4) drugs).
7 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s.
8 893.03(1)(c), (2)(c)1., (2)(c)2.,
9 (2)(c)3., (2)(c)5., (2)(c)6.,
10 (2)(c)7., (2)(c)8., (2)(c)9.
11 (2)(c), (3), or (4) drugs within
12 200 feet of university or public
13 park.
14 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s.
15 893.03(1)(c), (2)(c)1., (2)(c)2.,
16 (2)(c)3., (2)(c)5., (2)(c)6.,
17 (2)(c)7., (2)(c)8., (2)(c)9.
18 (2)(c), (3), or (4) drugs within
19 200 feet of public housing
20 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.
31
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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.
9 985.3141 3rd Escapes from a juvenile facility
10 (secure detention or residential
11 commitment facility).
12 (d) LEVEL 4
13 316.1935(3) 2nd Driving at high speed or with
14 wanton disregard for safety while
15 fleeing or attempting to elude
16 law enforcement officer who is in
17 a marked patrol vehicle with
18 siren and lights activated.
19 784.07(2)(b) 3rd Battery of law enforcement
20 officer, firefighter, intake
21 officer, etc.
22 784.075 3rd Battery on detention or
23 commitment facility staff.
24 784.08(2)(c) 3rd Battery on a person 65 years of
25 age or older.
26 784.081(3) 3rd Battery on specified official or
27 employee.
28 784.082(3) 3rd Battery by detained person on
29 visitor or other detainee.
30 784.083(3) 3rd Battery on code inspector.
31
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2000 Legislature CS/HB 2085
1 787.03(1) 3rd Interference with custody;
2 wrongly takes child from
3 appointed guardian.
4 787.04(2) 3rd Take, entice, or remove child
5 beyond state limits with criminal
6 intent pending custody
7 proceedings.
8 787.04(3) 3rd Carrying child beyond state lines
9 with criminal intent to avoid
10 producing child at custody
11 hearing or delivering to
12 designated person.
13 790.115(1) 3rd Exhibiting firearm or weapon
14 within 1,000 feet of a school.
15 790.115(2)(b) 3rd Possessing electric weapon or
16 device, destructive device, or
17 other weapon on school property.
18 790.115(2)(c) 3rd Possessing firearm on school
19 property.
20 800.04(7)(c) 3rd Lewd or lascivious exhibition;
21 offender less than 18 years.
22 810.02(4)(a) 3rd Burglary, or attempted burglary,
23 of an unoccupied structure;
24 unarmed; no assault or battery.
25 810.02(4)(b) 3rd Burglary, or attempted burglary,
26 of an unoccupied conveyance;
27 unarmed; no assault or battery.
28 810.06 3rd Burglary; possession of tools.
29 810.08(2)(c) 3rd Trespass on property, armed with
30 firearm or dangerous weapon.
31
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2000 Legislature CS/HB 2085
1 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000
2 or more but less than $20,000.
3 812.014
4 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will,
5 firearm, motor vehicle,
6 livestock, etc.
7 817.563(1) 3rd Sell or deliver substance other
8 than controlled substance agreed
9 upon, excluding s. 893.03(5)
10 drugs.
11 828.125(1) 2nd Kill, maim, or cause great bodily
12 harm or permanent breeding
13 disability to any registered
14 horse or cattle.
15 837.02(1) 3rd Perjury in official proceedings.
16 837.021(1) 3rd Make contradictory statements in
17 official proceedings.
18 843.025 3rd Deprive law enforcement,
19 correctional, or correctional
20 probation officer of means of
21 protection or communication.
22 843.15(1)(a) 3rd Failure to appear while on bail
23 for felony (bond estreature or
24 bond jumping).
25 874.05(1) 3rd Encouraging or recruiting another
26 to join a criminal street gang.
27 893.13(2)(a)1. 2nd Purchase of cocaine (or other s.
28 893.03(1)(a), (b), or (d), or
29 (2)(a), or (2)(b), or (2)(c)4.
30 drugs).
31 914.14(2) 3rd Witnesses accepting bribes.
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2000 Legislature CS/HB 2085
1 914.22(1) 3rd Force, threaten, etc., witness,
2 victim, or informant.
3 914.23(2) 3rd Retaliation against a witness,
4 victim, or informant, no bodily
5 injury.
6 918.12 3rd Tampering with jurors.
7 (e) LEVEL 5
8 316.027(1)(a) 3rd Accidents involving personal
9 injuries, failure to stop;
10 leaving scene.
11 316.1935(4) 2nd Aggravated fleeing or eluding.
12 322.34(6) 3rd Careless operation of motor
13 vehicle with suspended license,
14 resulting in death or serious
15 bodily injury.
16 327.30(5) 3rd Vessel accidents involving
17 personal injury; leaving scene.
18 381.0041(11)(b) 3rd Donate blood, plasma, or organs
19 knowing HIV positive.
20 790.01(2) 3rd Carrying a concealed firearm.
21 790.162 2nd Threat to throw or discharge
22 destructive device.
23 790.163 2nd False report of deadly explosive.
24 790.165(2) 3rd Manufacture, sell, possess, or
25 deliver hoax bomb.
26 790.221(1) 2nd Possession of short-barreled
27 shotgun or machine gun.
28 790.23 2nd Felons in possession of firearms
29 or electronic weapons or devices.
30 800.04(6)(c) 3rd Lewd or lascivious conduct;
31 offender less than 18 years.
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2000 Legislature CS/HB 2085
1 800.04(7)(b) 2nd Lewd or lascivious exhibition;
2 offender 18 years or older.
3 806.111(1) 3rd Possess, manufacture, or dispense
4 fire bomb with intent to damage
5 any structure or property.
6 812.019(1) 2nd Stolen property; dealing in or
7 trafficking in.
8 812.131(2)(b) 3rd Robbery by sudden snatching.
9 812.16(2) 3rd Owning, operating, or conducting
10 a chop shop.
11 817.034(4)(a)2. 2nd Communications fraud, value
12 $20,000 to $50,000.
13 825.1025(4) 3rd Lewd or lascivious exhibition in
14 the presence of an elderly person
15 or disabled adult.
16 827.071(4) 2nd Possess with intent to promote
17 any photographic material, motion
18 picture, etc., which includes
19 sexual conduct by a child.
20 843.01 3rd Resist officer with violence to
21 person; resist arrest with
22 violence.
23 874.05(2) 2nd Encouraging or recruiting another
24 to join a criminal street gang;
25 second or subsequent offense.
26 893.13(1)(a)1. 2nd Sell, manufacture, or deliver
27 cocaine (or other s.
28 893.03(1)(a), (1)(b), (1)(d),
29 (2)(a), or (2)(b), or (2)(c)4.
30 drugs).
31
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2000 Legislature CS/HB 2085
1 893.13(1)(c)2. 2nd Sell, manufacture, or deliver
2 cannabis (or other s.
3 893.03(1)(c), (2)(c)1., (2)(c)2.,
4 (2)(c)3., (2)(c)5., (2)(c)6.,
5 (2)(c)7., (2)(c)8., (2)(c)9.
6 (2)(c), (3), or (4) drugs) within
7 1,000 feet of a child care
8 facility or school.
9 893.13(1)(d)1. 1st Sell, manufacture, or deliver
10 cocaine (or other s.
11 893.03(1)(a), (1)(b), (1)(d),
12 (2)(a), or (2)(b), or (2)(c)4.
13 drugs) within 200 feet of
14 university or public park.
15 893.13(1)(e)2.
16 893.13(1)(e) 2nd Sell, manufacture, or deliver
17 cannabis or other drug prohibited
18 under s. 893.03(1)(c), (2)(c)1.,
19 (2)(c)2., (2)(c)3., (2)(c)5.,
20 (2)(c)6., (2)(c)7., (2)(c)8.,
21 (2)(c)9. (2)(c), (3), or (4)
22 within 1,000 feet of property
23 used for religious services or a
24 specified business site.
25 893.13(1)(f)1. 1st Sell, manufacture, or deliver
26 cocaine (or other s.
27 893.03(1)(a), (1)(b), (1)(d), or
28 (2)(a), or (2)(b), or (2)(c)4.
29 drugs) within 200 feet of public
30 housing facility.
31
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2000 Legislature CS/HB 2085
1 893.13(4)(b) 2nd Deliver to minor cannabis (or
2 other s. 893.03(1)(c), (2)(c)1.,
3 (2)(c)2., (2)(c)3., (2)(c)5.,
4 (2)(c)6., (2)(c)7., (2)(c)8.,
5 (2)(c)9. (2)(c), (3), or (4)
6 drugs).
7 (g) LEVEL 7
8 316.193(3)(c)2. 3rd DUI resulting in serious bodily
9 injury.
10 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
11 bodily injury.
12 402.319(2) 2nd Misrepresentation and negligence
13 or intentional act resulting in
14 great bodily harm, permanent
15 disfiguration, permanent
16 disability, or death.
17 409.920(2) 3rd Medicaid provider fraud.
18 494.0018(2) 1st Conviction of any violation of
19 ss. 494.001-494.0077 in which the
20 total money and property
21 unlawfully obtained exceeded
22 $50,000 and there were five or
23 more victims.
24 782.051(3) 2nd Attempted felony murder of a
25 person by a person other than the
26 perpetrator or the perpetrator of
27 an attempted felony.
28 782.07(1) 2nd Killing of a human being by the
29 act, procurement, or culpable
30 negligence of another
31 (manslaughter).
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2000 Legislature CS/HB 2085
1 782.071 2nd Killing of human being or viable
2 fetus by the operation of a motor
3 vehicle in a reckless manner
4 (vehicular homicide).
5 782.072 2nd Killing of a human being by the
6 operation of a vessel in a
7 reckless manner (vessel
8 homicide).
9 784.045(1)(a)1. 2nd Aggravated battery; intentionally
10 causing great bodily harm or
11 disfigurement.
12 784.045(1)(a)2. 2nd Aggravated battery; using deadly
13 weapon.
14 784.045(1)(b) 2nd Aggravated battery; perpetrator
15 aware victim pregnant.
16 784.048(4) 3rd Aggravated stalking; violation of
17 injunction or court order.
18 784.07(2)(d) 1st Aggravated battery on law
19 enforcement officer.
20 784.08(2)(a) 1st Aggravated battery on a person 65
21 years of age or older.
22 784.081(1) 1st Aggravated battery on specified
23 official or employee.
24 784.082(1) 1st Aggravated battery by detained
25 person on visitor or other
26 detainee.
27 784.083(1) 1st Aggravated battery on code
28 inspector.
29 790.07(4) 1st Specified weapons violation
30 subsequent to previous conviction
31 of s. 790.07(1) or (2).
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1 790.16(1) 1st Discharge of a machine gun under
2 specified circumstances.
3 796.03 2nd Procuring any person under 16
4 years for prostitution.
5 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
6 victim less than 12 years of age;
7 offender less than 18 years.
8 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
9 victim 12 years of age or older
10 but less than 16 years; offender
11 18 years or older.
12 806.01(2) 2nd Maliciously damage structure by
13 fire or explosive.
14 810.02(3)(a) 2nd Burglary of occupied dwelling;
15 unarmed; no assault or battery.
16 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
17 unarmed; no assault or battery.
18 810.02(3)(d) 2nd Burglary of occupied conveyance;
19 unarmed; no assault or battery.
20 812.014(2)(a) 1st Property stolen, valued at
21 $100,000 or more; property stolen
22 while causing other property
23 damage; 1st degree grand theft.
24 812.019(2) 1st Stolen property; initiates,
25 organizes, plans, etc., the theft
26 of property and traffics in
27 stolen property.
28 812.131(2)(a) 2nd Robbery by sudden snatching.
29 812.133(2)(b) 1st Carjacking; no firearm, deadly
30 weapon, or other weapon.
31
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2000 Legislature CS/HB 2085
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(3) 3rd Impregnation of a child under 16
16 years of age by person 21 years
17 of age or older.
18 837.05(2) 3rd Giving false information about
19 alleged capital felony to a law
20 enforcement officer.
21 872.06 2nd Abuse of a dead human body.
22 893.13(1)(c)1. 1st Sell, manufacture, or deliver
23 cocaine (or other drug prohibited
24 under s. 893.03(1)(a), (1)(b),
25 (1)(d), (2)(a), or (2)(b), or
26 (2)(c)4.) within 1,000 feet of a
27 child care facility or school.
28 893.13(1)(e)1.
29
30
31
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2000 Legislature CS/HB 2085
1 893.13(1)(e) 1st Sell, manufacture, or deliver
2 cocaine or other drug prohibited
3 under s. 893.03(1)(a), (1)(b),
4 (1)(d), (2)(a), or (2)(b), or
5 (2)(c)4., within 1,000 feet of
6 property used for religious
7 services or a specified business
8 site.
9 893.13(4)(a) 1st Deliver to minor cocaine (or
10 other s. 893.03(1)(a), (1)(b),
11 (1)(d), (2)(a), or (2)(b), or
12 (2)(c)4. drugs).
13 893.135(1)(a)1. 1st Trafficking in cannabis, more
14 than 50 lbs., less than 2,000
15 lbs.
16 893.135
17 (1)(b)1.a. 1st Trafficking in cocaine, more than
18 28 grams, less than 200 grams.
19 893.135
20 (1)(c)1.a. 1st Trafficking in illegal drugs,
21 more than 4 grams, less than 14
22 grams.
23 893.135
24 (1)(d)1. 1st Trafficking in phencyclidine,
25 more than 28 grams, less than 200
26 grams.
27 893.135(1)(e)1. 1st Trafficking in methaqualone, more
28 than 200 grams, less than 5
29 kilograms.
30
31
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2000 Legislature CS/HB 2085
1 893.135(1)(f)1. 1st Trafficking in amphetamine, more
2 than 14 grams, less than 28
3 grams.
4 893.135
5 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
6 grams or more, less than 14
7 grams.
8 893.135(1)(h)1.a. 1st Trafficking in
9 gamma-hydroxybutyric acid (GHB),
10 1 kilogram or more, less than 5
11 kilograms.
12 893.135(1)(i)1.a. 1st Trafficking in 1,4-Butanediol, 1
13 kilogram or more, less then 5
14 kilograms.
15 893.135(1)(j)2.a. 1st Trafficking in Phenethylamines,
16 10 grams or more, less than 200
17 grams.
18 (h) LEVEL 8
19 316.193
20 (3)(c)3.a. 2nd DUI manslaughter.
21 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
22 777.03(2)(a) 1st Accessory after the fact, capital
23 felony.
24 782.04(4) 2nd Killing of human without design
25 when engaged in act or attempt of
26 any felony other than arson,
27 sexual battery, robbery,
28 burglary, kidnapping, aircraft
29 piracy, or unlawfully discharging
30 bomb.
31
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2000 Legislature CS/HB 2085
1 782.051(2) 1st Attempted felony murder while
2 perpetrating or attempting to
3 perpetrate a felony not
4 enumerated in s. 782.04(3).
5 782.071(2) 1st Committing vehicular homicide and
6 failing to render aid or give
7 information.
8 782.072(2) 1st Committing vessel homicide and
9 failing to render aid or give
10 information.
11 790.161(3) 1st Discharging a destructive device
12 which results in bodily harm or
13 property damage.
14 794.011(5) 2nd Sexual battery, victim 12 years
15 or over, offender does not use
16 physical force likely to cause
17 serious injury.
18 800.04(4) 2nd Lewd or lascivious battery.
19 806.01(1) 1st Maliciously damage dwelling or
20 structure by fire or explosive,
21 believing person in structure.
22 810.02(2)(a) 1st,PBL Burglary with assault or battery.
23 810.02(2)(b) 1st,PBL Burglary; armed with explosives
24 or dangerous weapon.
25 810.02(2)(c) 1st Burglary of a dwelling or
26 structure causing structural
27 damage or $1,000 or more property
28 damage.
29 812.13(2)(b) 1st Robbery with a weapon.
30 812.135(2) 1st Home-invasion robbery.
31
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2000 Legislature CS/HB 2085
1 825.102(2) 2nd Aggravated abuse of an elderly
2 person or disabled adult.
3 825.103(2)(a) 1st Exploiting an elderly person or
4 disabled adult and property is
5 valued at $100,000 or more.
6 837.02(2) 2nd Perjury in official proceedings
7 relating to prosecution of a
8 capital felony.
9 837.021(2) 2nd Making contradictory statements
10 in official proceedings relating
11 to prosecution of a capital
12 felony.
13 860.121(2)(c) 1st Shooting at or throwing any
14 object in path of railroad
15 vehicle resulting in great bodily
16 harm.
17 860.16 1st Aircraft piracy.
18 893.13(1)(b) 1st Sell or deliver in excess of 10
19 grams of any substance specified
20 in s. 893.03(1)(a) or (b).
21 893.13(2)(b) 1st Purchase in excess of 10 grams of
22 any substance specified in s.
23 893.03(1)(a) or (b).
24 893.13(6)(c) 1st Possess in excess of 10 grams of
25 any substance specified in s.
26 893.03(1)(a) or (b).
27 893.135(1)(a)2. 1st Trafficking in cannabis, more
28 than 2,000 lbs., less than 10,000
29 lbs.
30
31
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2000 Legislature CS/HB 2085
1 893.135
2 (1)(b)1.b. 1st Trafficking in cocaine, more than
3 200 grams, less than 400 grams.
4 893.135
5 (1)(c)1.b. 1st Trafficking in illegal drugs,
6 more than 14 grams, less than 28
7 grams.
8 893.135
9 (1)(d)1.b. 1st Trafficking in phencyclidine,
10 more than 200 grams, less than
11 400 grams.
12 893.135
13 (1)(e)1.b. 1st Trafficking in methaqualone, more
14 than 5 kilograms, less than 25
15 kilograms.
16 893.135
17 (1)(f)1.b. 1st Trafficking in amphetamine, more
18 than 28 grams, less than 200
19 grams.
20 893.135
21 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14
22 grams or more, less than 28
23 grams.
24 893.135(1)(h)1.b. 1st Trafficking in
25 gamma-hydroxybutyric acid (GHB),
26 5 kilograms or more, less than 10
27 kilograms.
28 893.135(1)(i)1.b. 1st Trafficking in 1,4-Butanediol, 5
29 kilograms or more, less than 10
30 kilograms.
31
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2000 Legislature CS/HB 2085
1 893.135(1)(j)2.b. 1st Trafficking in Phenethylamines,
2 200 grams or more, less than 400
3 grams.
4 895.03(1) 1st Use or invest proceeds derived
5 from pattern of racketeering
6 activity.
7 895.03(2) 1st Acquire or maintain through
8 racketeering activity any
9 interest in or control of any
10 enterprise or real property.
11 895.03(3) 1st Conduct or participate in any
12 enterprise through pattern of
13 racketeering activity.
14 (i) LEVEL 9
15 316.193
16 (3)(c)3.b. 1st DUI manslaughter; failing to
17 render aid or give information.
18 782.04(1) 1st Attempt, conspire, or solicit to
19 commit premeditated murder.
20 782.04(3) 1st,PBL Accomplice to murder in
21 connection with arson, sexual
22 battery, robbery, burglary, and
23 other specified felonies.
24 782.051(1) 1st Attempted felony murder while
25 perpetrating or attempting to
26 perpetrate a felony enumerated in
27 s. 782.04(3).
28 782.07(2) 1st Aggravated manslaughter of an
29 elderly person or disabled adult.
30 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or
31 reward or as a shield or hostage.
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2000 Legislature CS/HB 2085
1 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit
2 or facilitate commission of any
3 felony.
4 787.01(1)(a)4. 1st,PBL Kidnapping with intent to
5 interfere with performance of any
6 governmental or political
7 function.
8 787.02(3)(a) 1st False imprisonment; child under
9 age 13; perpetrator also commits
10 aggravated child abuse, sexual
11 battery, or lewd or lascivious
12 battery, molestation, conduct, or
13 exhibition.
14 790.161 1st Attempted capital destructive
15 device offense.
16 794.011(2) 1st Attempted sexual battery; victim
17 less than 12 years of age.
18 794.011(2) Life Sexual battery; offender younger
19 than 18 years and commits sexual
20 battery on a person less than 12
21 years.
22 794.011(4) 1st Sexual battery; victim 12 years
23 or older, certain circumstances.
24 794.011(8)(b) 1st Sexual battery; engage in sexual
25 conduct with minor 12 to 18 years
26 by person in familial or
27 custodial authority.
28 800.04(5)(b) 1st Lewd or lascivious molestation;
29 victim less than 12 years;
30 offender 18 years or older.
31
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2000 Legislature CS/HB 2085
1 812.13(2)(a) 1st,PBL Robbery with firearm or other
2 deadly weapon.
3 812.133(2)(a) 1st,PBL Carjacking; firearm or other
4 deadly weapon.
5 827.03(2) 1st Aggravated child abuse.
6 847.0145(1) 1st Selling, or otherwise
7 transferring custody or control,
8 of a minor.
9 847.0145(2) 1st Purchasing, or otherwise
10 obtaining custody or control, of
11 a minor.
12 859.01 1st Poisoning food, drink, medicine,
13 or water with intent to kill or
14 injure another person.
15 893.135 1st Attempted capital trafficking
16 offense.
17 893.135(1)(a)3. 1st Trafficking in cannabis, more
18 than 10,000 lbs.
19 893.135
20 (1)(b)1.c. 1st Trafficking in cocaine, more than
21 400 grams, less than 150
22 kilograms.
23 893.135
24 (1)(c)1.c. 1st Trafficking in illegal drugs,
25 more than 28 grams, less than 30
26 kilograms.
27 893.135
28 (1)(d)1.c. 1st Trafficking in phencyclidine,
29 more than 400 grams.
30
31
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2000 Legislature CS/HB 2085
1 893.135
2 (1)(e)1.c. 1st Trafficking in methaqualone, more
3 than 25 kilograms.
4 893.135
5 (1)(f)1.c. 1st Trafficking in amphetamine, more
6 than 200 grams.
7 893.135(1)(h)1.c. 1st Trafficking in
8 gamma-hydroxybutyric acid (GHB),
9 10 kilograms or more.
10 893.135(1)(i)1.c. 1st Trafficking in 1,4-Butanediol, 10
11 kilograms or more.
12 893.135(1)(j)2.c. 1st Trafficking in Phenethylamines,
13 400 grams or more.
14 Section 8. Paragraph (c) of subsection (1) and
15 paragraphs (c), (d), and (e) of subsection (2) of section
16 948.034, Florida Statutes, are amended to read:
17 948.034 Terms and conditions of probation; community
18 residential drug punishment centers.--
19 (1) On or after October 1, 1993, any person who
20 violates s. 893.13(1)(a)1., (1)(c)2., (1)(d)2., (2)(a)1., or
21 (5)(a) may, in the discretion of the trial court, be required
22 to successfully complete a term of probation in lieu of
23 serving a term of imprisonment as required or authorized by s.
24 775.084, former s. 921.001, or s. 921.002, as follows:
25 (c) If the person has been previously convicted of two
26 felony violations of s. 893.13(1)(a)1., (1)(c)2., (1)(d)2.,
27 (2)(a)1., or (5)(a), adjudication may not be withheld and the
28 offender may be placed on probation for not less than 36
29 months, as a condition of which the court shall require the
30 offender to reside at a community residential drug punishment
31 center for 360 days. The offender must comply with all rules
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2000 Legislature CS/HB 2085
1 and regulations of the center and must pay a fee for the costs
2 of room and board and residential supervision. Placement of an
3 offender into a community residential drug punishment center
4 is subject to budgetary considerations and availability of bed
5 space. If the court requires the offender to reside at a
6 community residential drug punishment center, the court shall
7 also require the offender to comply with one or more of the
8 other following terms and conditions:
9 1. Pay a fine of not less than $1,500 nor more than
10 $10,000 pursuant to s. 775.083(1)(c).
11 2. Enter, regularly attend, and successfully complete
12 a substance abuse education program of at least 40 hours or a
13 prescribed substance abuse treatment program provided by a
14 treatment resource licensed pursuant to chapter 397 or by a
15 hospital licensed pursuant to chapter 395, as specified by the
16 court. In addition, the court may refer the offender to a
17 licensed agency for substance abuse evaluation and, if
18 appropriate, substance abuse treatment subject to the ability
19 of the offender to pay for such evaluation and treatment. If
20 such referral is made, the offender must comply and must pay
21 for the reasonable cost of the evaluation and treatment.
22 3. Perform at least 300 hours of public service.
23 4. Submit to routine and random drug testing which may
24 be conducted during the probationary period, with the
25 reasonable costs thereof borne by the offender.
26 5. Participate, at his or her own expense, in an
27 appropriate self-help group, such as Narcotics Anonymous,
28 Alcoholics Anonymous, or Cocaine Anonymous, if available.
29 (2) On or after October 1, 1993, any person who
30 violates s. 893.13(1)(a)2., (2)(a)2., (5)(b), or (6)(a) may,
31 in the discretion of the trial court, be required to
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1 successfully complete a term of probation in lieu of serving a
2 term of imprisonment as required or authorized by s. 775.084,
3 former s. 921.001, or s. 921.002, as follows:
4 (c) If the person has been previously convicted of two
5 felony violations of s. 893.13(1)(a)2., (2)(a)2., (5)(b), or
6 (6)(a), adjudication may not be withheld and the offender may
7 be placed on probation for not less than 24 months, as a
8 condition of which the court shall require the offender to
9 reside at a community residential drug punishment center for
10 120 days. The offender must comply with all rules and
11 regulations of the center and must pay a fee for the costs of
12 room and board and residential supervision. Placement of an
13 offender into a community residential drug punishment center
14 is subject to budgetary considerations and availability of bed
15 space. If the court requires the offender to reside at a
16 community residential drug punishment center, the court shall
17 also require the offender to comply with one or more of the
18 other following terms and conditions:
19 1. Pay a fine of not less than $1,000 nor more than
20 $5,000 pursuant to s. 775.083(1)(c).
21 2. Enter, regularly attend, and successfully complete
22 a prescribed substance abuse treatment program provided by a
23 treatment resource licensed pursuant to chapter 397 or by a
24 hospital licensed pursuant to chapter 395, as specified by the
25 court. In addition, the court may refer the offender to a
26 licensed agency for substance abuse evaluation and, if
27 appropriate, substance abuse treatment subject to the ability
28 of the offender to pay for such evaluation and treatment. If
29 such referral is made, the offender must comply and must pay
30 for the reasonable cost of the evaluation and treatment.
31 3. Perform at least 150 hours of public service.
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1 4. Submit to routine and random drug testing which may
2 be conducted during the probationary period, with the
3 reasonable costs thereof borne by the offender.
4 5. Participate, at his or her own expense, in an
5 appropriate self-help group, such as Narcotics Anonymous,
6 Alcoholics Anonymous, or Cocaine Anonymous, if available.
7 (d) If the person has been previously convicted of
8 three felony violations of s. 893.13(1)(a)2., (2)(a)2.,
9 (5)(b), or (6)(a), adjudication may not be withheld and the
10 offender may be placed on probation for not less than 30
11 months, as a condition of which the court shall require the
12 offender to reside at a community residential drug punishment
13 center for 200 days. The offender must comply with all rules
14 and regulations of the center and must pay a fee for the costs
15 of room and board and residential supervision. Placement of an
16 offender into a community residential drug punishment center
17 is subject to budgetary considerations and availability of bed
18 space. If the court requires the offender to reside at a
19 community residential drug punishment center, the court shall
20 also require the offender to comply with one or more of the
21 other following terms and conditions:
22 1. Pay a fine of not less than $1,500 nor more than
23 $5,000 pursuant to s. 775.083(1)(c).
24 2. Enter, regularly attend, and successfully complete
25 a prescribed substance abuse treatment program provided by a
26 treatment resource licensed pursuant to chapter 397 or by a
27 hospital licensed pursuant to chapter 395, as specified by the
28 court. In addition, the court may refer the offender to a
29 licensed agency for substance abuse evaluation and, if
30 appropriate, substance abuse treatment subject to the ability
31 of the offender to pay for such evaluation and treatment. If
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1 such referral is made, the offender must comply and must pay
2 for the reasonable cost of the evaluation and treatment.
3 3. Perform at least 200 hours of public service.
4 4. Submit to routine and random drug testing which may
5 be conducted during the probationary period, with the
6 reasonable costs thereof borne by the offender.
7 5. Participate, at his or her own expense, in an
8 appropriate self-help group, such as Narcotics Anonymous,
9 Alcoholics Anonymous, or Cocaine Anonymous, if available.
10 (e) If the person has been previously convicted of
11 four felony violations of s. 893.13(1)(a)2., (2)(a)2., (5)(b),
12 or (6)(a), adjudication may not be withheld and the offender
13 may be placed on probation for not less than 36 months, as a
14 condition of which the court shall require the offender to
15 reside at a community residential drug punishment center for
16 360 days. The offender must comply with all rules and
17 regulations of the center and must pay a fee for the costs of
18 room and board and residential supervision. Placement of an
19 offender into a community residential drug punishment center
20 is subject to budgetary considerations and availability of bed
21 space. If the court requires the offender to reside at a
22 community residential drug punishment center, the court shall
23 also require the offender to comply with one or more of the
24 other following terms and conditions:
25 1. Pay a fine of not less than $2,000 nor more than
26 $5,000 pursuant to s. 775.083(1)(c).
27 2. Enter, regularly attend, and successfully complete
28 a prescribed substance abuse treatment program provided by a
29 treatment resource licensed pursuant to chapter 397 or by a
30 hospital licensed pursuant to chapter 395, as specified by the
31 court. In addition, the court may refer the offender to a
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1 licensed agency for substance abuse evaluation and, if
2 appropriate, substance abuse treatment subject to the ability
3 of the offender to pay for such evaluation and treatment. If
4 such referral is made, the offender must comply and must pay
5 for the reasonable cost of the evaluation and treatment.
6 3. Perform at least 250 hours of public service.
7 4. Submit to routine and random drug testing which may
8 be conducted during the probationary period, with the
9 reasonable costs thereof borne by the offender.
10 5. Participate, at his or her own expense, in an
11 appropriate self-help group, such as Narcotics Anonymous,
12 Alcoholics Anonymous, or Cocaine Anonymous, if available.
13 Section 9. For the purpose of incorporating the
14 amendment to section 893.03, Florida Statutes, in a reference
15 thereto, paragraphs (a) and (g) of subsection (30) of section
16 39.01, Florida Statutes, are reenacted to read:
17 39.01 Definitions.--When used in this chapter, unless
18 the context otherwise requires:
19 (30) "Harm" to a child's health or welfare can occur
20 when any person:
21 (a) Inflicts or allows to be inflicted upon the child
22 physical, mental, or emotional injury. In determining whether
23 harm has occurred, the following factors must be considered in
24 evaluating any physical, mental, or emotional injury to a
25 child: the age of the child; any prior history of injuries to
26 the child; the location of the injury on the body of the
27 child; the multiplicity of the injury; and the type of trauma
28 inflicted. Such injury includes, but is not limited to:
29 1. Willful acts that produce the following specific
30 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
13 As used in this subparagraph, the term "willful" refers to the
14 intent to perform an action, not to the intent to achieve a
15 result or to cause an injury.
16 2. Purposely giving a child poison, alcohol, drugs, or
17 other substances that substantially affect the child's
18 behavior, motor coordination, or judgment or that result in
19 sickness or internal injury. For the purposes of this
20 subparagraph, the term "drugs" means prescription drugs not
21 prescribed for the child or not administered as prescribed,
22 and controlled substances as outlined in Schedule I or
23 Schedule II of s. 893.03.
24 3. Leaving a child without adult supervision or
25 arrangement appropriate for the child's age or mental or
26 physical condition, so that the child is unable to care for
27 the child's own needs or another's basic needs or is unable to
28 exercise good judgment in responding to any kind of physical
29 or emotional crisis.
30 4. Inappropriate or excessively harsh disciplinary
31 action that is likely to result in physical injury, mental
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1 injury as defined in this section, or emotional injury. The
2 significance of any injury must be evaluated in light of the
3 following factors: the age of the child; any prior history of
4 injuries to the child; the location of the injury on the body
5 of the child; the multiplicity of the injury; and the type of
6 trauma inflicted. Corporal discipline may be considered
7 excessive or abusive when it results in any of the following
8 or other similar injuries:
9 a. Sprains, dislocations, or cartilage damage.
10 b. Bone or skull fractures.
11 c. Brain or spinal cord damage.
12 d. Intracranial hemorrhage or injury to other internal
13 organs.
14 e. Asphyxiation, suffocation, or drowning.
15 f. Injury resulting from the use of a deadly weapon.
16 g. Burns or scalding.
17 h. Cuts, lacerations, punctures, or bites.
18 i. Permanent or temporary disfigurement.
19 j. Permanent or temporary loss or impairment of a body
20 part or function.
21 k. Significant bruises or welts.
22 (g) Exposes a child to a controlled substance or
23 alcohol. Exposure to a controlled substance or alcohol is
24 established by:
25 1. Use by the mother of a controlled substance or
26 alcohol during pregnancy when the child, at birth, is
27 demonstrably adversely affected by such usage; or
28 2. Continued chronic and severe use of a controlled
29 substance or alcohol by a parent when the child is
30 demonstrably adversely affected by such usage.
31
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1 As used in this paragraph, the term "controlled substance"
2 means prescription drugs not prescribed for the parent or not
3 administered as prescribed and controlled substances as
4 outlined in Schedule I or Schedule II of s. 893.03.
5 Section 10. For the purpose of incorporating the
6 amendment to section 893.03, Florida Statutes, in a reference
7 thereto, subsection (5) of section 316.193, Florida Statutes,
8 is reenacted to read:
9 316.193 Driving under the influence; penalties.--
10 (5) The court shall place all offenders convicted of
11 violating this section on monthly reporting probation and
12 shall require completion of a substance abuse course conducted
13 by a DUI program licensed by the department under s. 322.292,
14 which must include a psychosocial evaluation of the offender.
15 If the DUI program refers the offender to an authorized
16 substance abuse treatment provider for substance abuse
17 treatment, in addition to any sentence or fine imposed under
18 this section, completion of all such education, evaluation,
19 and treatment is a condition of reporting probation. The
20 offender shall assume reasonable costs for such education,
21 evaluation, and treatment. The referral to treatment resulting
22 from a psychosocial evaluation shall not be waived without a
23 supporting independent psychosocial evaluation conducted by an
24 authorized substance abuse treatment provider appointed by the
25 court, which shall have access to the DUI program's
26 psychosocial evaluation before the independent psychosocial
27 evaluation is conducted. The court shall review the results
28 and recommendations of both evaluations before determining the
29 request for waiver. The offender shall bear the full cost of
30 this procedure. The term "substance abuse" means the abuse of
31 alcohol or any substance named or described in Schedules I
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1 through V of s. 893.03. If an offender referred to treatment
2 under this subsection fails to report for or complete such
3 treatment or fails to complete the DUI program substance abuse
4 education course and evaluation, the DUI program shall notify
5 the court and the department of the failure. Upon receipt of
6 the notice, the department shall cancel the offender's driving
7 privilege, notwithstanding the terms of the court order or any
8 suspension or revocation of the driving privilege. The
9 department may temporarily reinstate the driving privilege on
10 a restricted basis upon verification from the DUI program that
11 the offender is currently participating in treatment and the
12 DUI education course and evaluation requirement has been
13 completed. If the DUI program notifies the department of the
14 second failure to complete treatment, the department shall
15 reinstate the driving privilege only after notice of
16 completion of treatment from the DUI program. The
17 organization that conducts the substance abuse education and
18 evaluation may not provide required substance abuse treatment
19 unless a waiver has been granted to that organization by the
20 department. A waiver may be granted only if the department
21 determines, in accordance with its rules, that the service
22 provider that conducts the substance abuse education and
23 evaluation is the most appropriate service provider and is
24 licensed under chapter 397 or is exempt from such licensure. A
25 statistical referral report shall be submitted quarterly to
26 the department by each organization authorized to provide
27 services under this section.
28 Section 11. For the purpose of incorporating the
29 amendment to section 893.03, Florida Statutes, in a reference
30 thereto, subsection (5) of section 327.35, Florida Statutes,
31 is reenacted to read:
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1 327.35 Boating under the influence; penalties;
2 "designated drivers".--
3 (5) In addition to any sentence or fine, the court
4 shall place any offender convicted of violating this section
5 on monthly reporting probation and shall require attendance at
6 a substance abuse course specified by the court; and the
7 agency conducting the course may refer the offender to an
8 authorized service provider for substance abuse evaluation and
9 treatment, in addition to any sentence or fine imposed under
10 this section. The offender shall assume reasonable costs for
11 such education, evaluation, and treatment, with completion of
12 all such education, evaluation, and treatment being a
13 condition of reporting probation. Treatment resulting from a
14 psychosocial evaluation may not be waived without a supporting
15 psychosocial evaluation conducted by an agency appointed by
16 the court and with access to the original evaluation. The
17 offender shall bear the cost of this procedure. The term
18 "substance abuse" means the abuse of alcohol or any substance
19 named or described in Schedules I through V of s. 893.03.
20 Section 12. For the purpose of incorporating the
21 amendments to section 893.135, Florida Statutes, in a
22 reference thereto, subsection (7) of section 397.451, Florida
23 Statutes, is reenacted to read:
24 397.451 Background checks of service provider
25 personnel who have direct contact with unmarried minor clients
26 or clients who are developmentally disabled.--
27 (7) DISQUALIFICATION FROM RECEIVING STATE
28 FUNDS.--State funds may not be disseminated to any service
29 provider owned or operated by an owner or director who has
30 been convicted of, has entered a plea of guilty or nolo
31 contendere to, or has had adjudication withheld for, a
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1 violation of s. 893.135 pertaining to trafficking in
2 controlled substances, or a violation of the law of another
3 state, the District of Columbia, the United States or any
4 possession or territory thereof, or any foreign jurisdiction
5 which is substantially similar in elements and penalties to a
6 trafficking offense in this state, unless the owner's or
7 director's civil rights have been restored.
8 Section 13. For the purpose of incorporating the
9 amendments to section 893.135, Florida Statutes, in a
10 reference thereto, subsection (1) of section 414.095, Florida
11 Statutes, is reenacted to read:
12 414.095 Determining eligibility for the WAGES
13 Program.--
14 (1) ELIGIBILITY.--An applicant must meet eligibility
15 requirements of this section before receiving services or
16 temporary cash assistance under this chapter, except that an
17 applicant shall be required to engage in work activities in
18 accordance with s. 414.065 and may receive support services or
19 child care assistance in conjunction with such requirement.
20 The department shall make a determination of eligibility based
21 on the criteria listed in this chapter. The department shall
22 monitor continued eligibility for temporary cash assistance
23 through periodic reviews consistent with the food stamp
24 eligibility process. Benefits shall not be denied to an
25 individual solely based on a felony drug conviction, unless
26 the conviction is for trafficking pursuant to s. 893.135. To
27 be eligible under this section, an individual convicted of a
28 drug felony must be satisfactorily meeting the requirements of
29 the WAGES Program, including all substance abuse treatment
30 requirements. Within the limits specified in this chapter, the
31 state opts out of the provision of Pub. L. No. 104-193, s.
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1 115, that eliminates eligibility for temporary cash assistance
2 and food stamps for any individual convicted of a controlled
3 substance felony.
4 Section 14. For the purpose of incorporating the
5 amendment to section 893.03, Florida Statutes, in a reference
6 thereto, paragraph (b) of subsection (11) of section 440.102,
7 Florida Statutes, is reenacted to read:
8 440.102 Drug-free workplace program requirements.--The
9 following provisions apply to a drug-free workplace program
10 implemented pursuant to law or to rules adopted by the Agency
11 for Health Care Administration:
12 (11) PUBLIC EMPLOYEES IN SAFETY-SENSITIVE OR
13 SPECIAL-RISK POSITIONS.--
14 (b) An employee who is employed by a public employer
15 in a special-risk position may be discharged or disciplined by
16 a public employer for the first positive confirmed test result
17 if the drug confirmed is an illicit drug under s. 893.03. A
18 special-risk employee who is participating in an employee
19 assistance program or drug rehabilitation program may not be
20 allowed to continue to work in any special-risk or
21 safety-sensitive position of the public employer, but may be
22 assigned to a position other than a safety-sensitive position
23 or placed on leave while the employee is participating in the
24 program. However, the employee shall be permitted to use any
25 accumulated annual leave credits before leave may be ordered
26 without pay.
27 Section 15. For the purpose of incorporating the
28 amendments to section 893.135, Florida Statutes, in a
29 reference thereto, subsection (2) of section 772.12, Florida
30 Statutes, is reenacted to read:
31 772.12 Drug Dealer Liability Act.--
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1 (2) A person, including any governmental entity, has a
2 cause of action for threefold the actual damages sustained and
3 is entitled to minimum damages in the amount of $1,000 and
4 reasonable attorney's fees and court costs in the trial and
5 appellate courts, if the person proves by the greater weight
6 of the evidence that:
7 (a) The person was injured because of the defendant's
8 actions that resulted in the defendant's conviction for:
9 1. A violation of s. 893.13, except for a violation of
10 s. 893.13(2)(a) or (b), (3), (5), (6)(a), (b), or (c), (7); or
11 2. A violation of s. 893.135; and
12 (b) The person was not injured by reason of his or her
13 participation in the same act or transaction that resulted in
14 the defendant's conviction for any offense described in
15 subparagraph (a)1.
16 Section 16. For the purpose of incorporating the
17 amendments to section 893.135, Florida Statutes, in references
18 thereto, paragraph (a) of subsection (1) and subsections (3)
19 and (4) of section 782.04, Florida Statutes, are reenacted to
20 read:
21 782.04 Murder.--
22 (1)(a) The unlawful killing of a human being:
23 1. When perpetrated from a premeditated design to
24 effect the death of the person killed or any human being;
25 2. When committed by a person engaged in the
26 perpetration of, or in the attempt to perpetrate, any:
27 a. Trafficking offense prohibited by s. 893.135(1),
28 b. Arson,
29 c. Sexual battery,
30 d. Robbery,
31 e. Burglary,
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1 f. Kidnapping,
2 g. Escape,
3 h. Aggravated child abuse,
4 i. Aggravated abuse of an elderly person or disabled
5 adult,
6 j. Aircraft piracy,
7 k. Unlawful throwing, placing, or discharging of a
8 destructive device or bomb,
9 l. Carjacking,
10 m. Home-invasion robbery,
11 n. Aggravated stalking,
12 o. Murder of another human being; or
13 3. Which resulted from the unlawful distribution of
14 any substance controlled under s. 893.03(1), cocaine as
15 described in s. 893.03(2)(a)4., or opium or any synthetic or
16 natural salt, compound, derivative, or preparation of opium by
17 a person 18 years of age or older, when such drug is proven to
18 be the proximate cause of the death of the user,
19
20 is murder in the first degree and constitutes a capital
21 felony, punishable as provided in s. 775.082.
22 (3) When a person is killed in the perpetration of, or
23 in the attempt to perpetrate, any:
24 (a) Trafficking offense prohibited by s. 893.135(1),
25 (b) Arson,
26 (c) Sexual battery,
27 (d) Robbery,
28 (e) Burglary,
29 (f) Kidnapping,
30 (g) Escape,
31 (h) Aggravated child abuse,
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1 (i) Aggravated abuse of an elderly person or disabled
2 adult,
3 (j) Aircraft piracy,
4 (k) Unlawful throwing, placing, or discharging of a
5 destructive device or bomb,
6 (l) Carjacking,
7 (m) Home-invasion robbery,
8 (n) Aggravated stalking, or
9 (o) Murder of another human being,
10
11 by a person other than the person engaged in the perpetration
12 of or in the attempt to perpetrate such felony, the person
13 perpetrating or attempting to perpetrate such felony is guilty
14 of murder in the second degree, which constitutes a felony of
15 the first degree, punishable by imprisonment for a term of
16 years not exceeding life or as provided in s. 775.082, s.
17 775.083, or s. 775.084.
18 (4) The unlawful killing of a human being, when
19 perpetrated without any design to effect death, by a person
20 engaged in the perpetration of, or in the attempt to
21 perpetrate, any felony other than any:
22 (a) Trafficking offense prohibited by s. 893.135(1),
23 (b) Arson,
24 (c) Sexual battery,
25 (d) Robbery,
26 (e) Burglary,
27 (f) Kidnapping,
28 (g) Escape,
29 (h) Aggravated child abuse,
30 (i) Aggravated abuse of an elderly person or disabled
31 adult,
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1 (j) Aircraft piracy,
2 (k) Unlawful throwing, placing, or discharging of a
3 destructive device or bomb,
4 (l) Unlawful distribution of any substance controlled
5 under s. 893.03(1), cocaine as described in s. 893.03(2)(a)4.,
6 or opium or any synthetic or natural salt, compound,
7 derivative, or preparation of opium by a person 18 years of
8 age or older, when such drug is proven to be the proximate
9 cause of the death of the user,
10 (m) Carjacking,
11 (n) Home-invasion robbery,
12 (o) Aggravated stalking, or
13 (p) Murder of another human being,
14
15 is murder in the third degree and constitutes a felony of the
16 second degree, punishable as provided in s. 775.082, s.
17 775.083, or s. 775.084.
18 Section 17. For the purpose of incorporating the
19 amendment to section 893.03, Florida Statutes, in references
20 thereto, section 817.563, Florida Statutes, is reenacted to
21 read:
22 817.563 Controlled substance named or described in s.
23 893.03; sale of substance in lieu thereof.--It is unlawful for
24 any person to agree, consent, or in any manner offer to
25 unlawfully sell to any person a controlled substance named or
26 described in s. 893.03 and then sell to such person any other
27 substance in lieu of such controlled substance. Any person who
28 violates this section with respect to:
29 (1) A controlled substance named or described in s.
30 893.03(1), (2), (3), or (4) is guilty of a felony of the third
31
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1 degree, punishable as provided in s. 775.082, s. 775.083, or
2 s. 775.084.
3 (2) A controlled substance named or described in s.
4 893.03(5) is guilty of a misdemeanor of the second degree,
5 punishable as provided in s. 775.082 or s. 775.083.
6 Section 18. For the purpose of incorporating the
7 amendment to section 893.03, Florida Statutes, in references
8 thereto, section 831.31, Florida Statutes, is reenacted to
9 read:
10 831.31 Counterfeit controlled substance; sale,
11 manufacture, delivery, or possession with intent to sell,
12 manufacture, or deliver.--
13 (1) It is unlawful for any person to sell,
14 manufacture, or deliver, or to possess with intent to sell,
15 manufacture, or deliver, a counterfeit controlled substance.
16 Any person who violates this subsection with respect to:
17 (a) A controlled substance named or described in s.
18 893.03(1), (2), (3), or (4) is guilty of a felony of the third
19 degree, punishable as provided in s. 775.082, s. 775.083, or
20 s. 775.084.
21 (b) A controlled substance named or described in s.
22 893.03(5) is guilty of a misdemeanor of the second degree,
23 punishable as provided in s. 775.082 or s. 775.083.
24 (2) For purposes of this section, "counterfeit
25 controlled substance" means:
26 (a) A controlled substance named or described in s.
27 893.03 which, or the container or labeling of which, without
28 authorization bears the trademark, trade name, or other
29 identifying mark, imprint, or number, or any likeness thereof,
30 of a manufacturer other than the person who in fact
31 manufactured the controlled substance; or
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1 (b) Any substance which is falsely identified as a
2 controlled substance named or described in s. 893.03.
3 Section 19. For the purpose of incorporating the
4 amendment to section 893.03, Florida Statutes, in a reference
5 thereto, paragraph (d) of subsection (1) of section 856.015,
6 Florida Statutes, is reenacted to read:
7 856.015 Open house parties.--
8 (1) Definitions.--As used in this section:
9 (d) "Drug" means a controlled substance, as that term
10 is defined in ss. 893.02(4) and 893.03.
11 Section 20. For the purpose of incorporating the
12 amendment to section 893.03, Florida Statutes, in a reference
13 thereto, paragraph (a) of subsection (2) and subsection (5) of
14 section 893.0356, Florida Statutes, are reenacted to read:
15 893.0356 Control of new substances; findings of fact;
16 "controlled substance analog" defined.--
17 (2)(a) As used in this section, "controlled substance
18 analog" means a substance which, due to its chemical structure
19 and potential for abuse, meets the following criteria:
20 1. Is substantially similar to that of a controlled
21 substance listed in Schedule I or Schedule II of s. 893.03;
22 and
23 2. Has a stimulant, depressant, or hallucinogenic
24 effect on the central nervous system or is represented or
25 intended to have a stimulant, depressant, or hallucinogenic
26 effect on the central nervous system substantially similar to
27 or greater than that of a controlled substance listed in
28 Schedule I or Schedule II of s. 893.03.
29 (5) A controlled substance analog shall, for purposes
30 of drug abuse prevention and control, be treated as a
31 controlled substance in Schedule I of s. 893.03.
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1 Section 21. For the purpose of incorporating the
2 amendment to section 893.03, Florida Statutes, in references
3 thereto, paragraphs (b), (c), and (d) of subsection (2) of
4 section 893.12, Florida Statutes, are reenacted to read:
5 893.12 Contraband; seizure, forfeiture, sale.--
6 (2)
7 (b) All real property, including any right, title,
8 leasehold interest, and other interest in the whole of any lot
9 or tract of land and any appurtenances or improvements, which
10 real property is used, or intended to be used, in any manner
11 or part, to commit or to facilitate the commission of, or
12 which real property is acquired with proceeds obtained as a
13 result of, a violation of any provision of this chapter
14 related to a controlled substance described in s. 893.03(1) or
15 (2) may be seized and forfeited as provided by the Florida
16 Contraband Forfeiture Act except that no property shall be
17 forfeited under this paragraph to the extent of an interest of
18 an owner or lienholder by reason of any act or omission
19 established by that owner or lienholder to have been committed
20 or omitted without the knowledge or consent of that owner or
21 lienholder.
22 (c) All moneys, negotiable instruments, securities,
23 and other things of value furnished or intended to be
24 furnished by any person in exchange for a controlled substance
25 described in s. 893.03(1) or (2) or a listed chemical in
26 violation of any provision of this chapter, all proceeds
27 traceable to such an exchange, and all moneys, negotiable
28 instruments, and securities used or intended to be used to
29 facilitate any violation of any provision of this chapter or
30 which are acquired with proceeds obtained in violation of any
31 provision of this chapter may be seized and forfeited as
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1 provided by the Florida Contraband Forfeiture Act, except that
2 no property shall be forfeited under this paragraph to the
3 extent of an interest of an owner or lienholder by reason of
4 any act or omission established by that owner or lienholder to
5 have been committed or omitted without the knowledge or
6 consent of that owner or lienholder.
7 (d) All books, records, and research, including
8 formulas, microfilm, tapes, and data which are used, or
9 intended for use, or which are acquired with proceeds
10 obtained, in violation of any provision of this chapter
11 related to a controlled substance described in s. 893.03(1) or
12 (2) or a listed chemical may be seized and forfeited as
13 provided by the Florida Contraband Forfeiture Act.
14 Section 22. For the purpose of incorporating the
15 amendments to section 893.135, Florida Statutes, in a
16 reference thereto, subsection (1) of section 893.1351, Florida
17 Statutes, is reenacted to read:
18 893.1351 Lease or rent for the purpose of trafficking
19 in a controlled substance.--
20 (1) A person may not lease or rent any place,
21 structure, or part thereof, trailer, or other conveyance, with
22 the knowledge that such place, structure, trailer, or
23 conveyance will be used for the purpose of trafficking in a
24 controlled substance, as provided in s. 893.135, or the sale
25 of a controlled substance, as provided in s. 893.13.
26 Section 23. For the purpose of incorporating the
27 amendments to section 893.135, Florida Statutes, in a
28 reference thereto, section 903.133, Florida Statutes, is
29 reenacted to read:
30 903.133 Bail on appeal; prohibited for certain felony
31 convictions.--Notwithstanding the provisions of s. 903.132, no
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1 person adjudged guilty of a felony of the first degree for a
2 violation of s. 782.04(2) or (3), s. 787.01, s. 794.011(4), s.
3 806.01, s. 893.13, or s. 893.135, or adjudged guilty of a
4 violation of s. 794.011(2) or (3), shall be admitted to bail
5 pending review either by posttrial motion or appeal.
6 Section 24. For the purpose of incorporating the
7 amendments to section 893.135, Florida Statutes, in a
8 reference thereto, paragraph (b) of subsection (4) of section
9 907.041, Florida Statutes, is reenacted to read:
10 907.041 Pretrial detention and release.--
11 (4) PRETRIAL DETENTION.--
12 (b) The court may order pretrial detention if it finds
13 a substantial probability, based on a defendant's past and
14 present patterns of behavior, the criteria in s. 903.046, and
15 any other relevant facts, that:
16 1. The defendant has previously violated conditions of
17 release and that no further conditions of release are
18 reasonably likely to assure the defendant's appearance at
19 subsequent proceedings;
20 2. The defendant, with the intent to obstruct the
21 judicial process, has threatened, intimidated, or injured any
22 victim, potential witness, juror, or judicial officer, or has
23 attempted or conspired to do so, and that no condition of
24 release will reasonably prevent the obstruction of the
25 judicial process;
26 3. The defendant is charged with trafficking in
27 controlled substances as defined by s. 893.135, that there is
28 a substantial probability that the defendant has committed the
29 offense, and that no conditions of release will reasonably
30 assure the defendant's appearance at subsequent criminal
31 proceedings; or
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1 4. The defendant poses the threat of harm to the
2 community. The court may so conclude if it finds that the
3 defendant is presently charged with a dangerous crime, that
4 there is a substantial probability that the defendant
5 committed such crime, that the factual circumstances of the
6 crime indicate a disregard for the safety of the community,
7 and that there are no conditions of release reasonably
8 sufficient to protect the community from the risk of physical
9 harm to persons. In addition, the court must find that at
10 least one of the following conditions is present:
11 a. The defendant has previously been convicted of a
12 crime punishable by death or life imprisonment.
13 b. The defendant has been convicted of a dangerous
14 crime within the 10 years immediately preceding the date of
15 his or her arrest for the crime presently charged.
16 c. The defendant is on probation, parole, or other
17 release pending completion of sentence or on pretrial release
18 for a dangerous crime at the time of the current arrest.
19 Section 25. For the purpose of incorporating the
20 amendments to section 893.135, Florida Statutes, in references
21 thereto, paragraph (b) of subsection (1) of section 921.0024,
22 Florida Statutes, is reenacted to read:
23 921.0024 Criminal Punishment Code; worksheet
24 computations; scoresheets.--
25 (1)
26 (b) WORKSHEET KEY:
27
28 Legal status points are assessed when any form of legal status
29 existed at the time the offender committed an offense before
30 the court for sentencing. Four (4) sentence points are
31 assessed for an offender's legal status.
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1
2 Community sanction violation points are assessed when a
3 community sanction violation is before the court for
4 sentencing. Six (6) sentence points are assessed for each
5 community sanction violation, and each successive community
6 sanction violation; however, if the community sanction
7 violation includes a new felony conviction before the
8 sentencing court, twelve (12) community sanction violation
9 points are assessed for such violation, and for each
10 successive community sanction violation involving a new felony
11 conviction. Multiple counts of community sanction violations
12 before the sentencing court shall not be a basis for
13 multiplying the assessment of community sanction violation
14 points.
15
16 Prior serious felony points: If the offender has a primary
17 offense or any additional offense ranked in level 8, level 9,
18 or level 10, and one or more prior serious felonies, a single
19 assessment of 30 points shall be added. For purposes of this
20 section, a prior serious felony is an offense in the
21 offender's prior record that is ranked in level 8, level 9, or
22 level 10 under s. 921.0022 or s. 921.0023 and for which the
23 offender is serving a sentence of confinement, supervision, or
24 other sanction or for which the offender's date of release
25 from confinement, supervision, or other sanction, whichever is
26 later, is within 3 years before the date the primary offense
27 or any additional offense was committed.
28
29 Prior capital felony points: If the offender has one or more
30 prior capital felonies in the offender's criminal record,
31 points shall be added to the subtotal sentence points of the
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1 offender equal to twice the number of points the offender
2 receives for the primary offense and any additional offense.
3 A prior capital felony in the offender's criminal record is a
4 previous capital felony offense for which the offender has
5 entered a plea of nolo contendere or guilty or has been found
6 guilty; or a felony in another jurisdiction which is a capital
7 felony in that jurisdiction, or would be a capital felony if
8 the offense were committed in this state.
9
10 Possession of a firearm, semiautomatic firearm, or machine
11 gun: If the offender is convicted of committing or attempting
12 to commit any felony other than those enumerated in s.
13 775.087(2) while having in his or her possession: a firearm as
14 defined in s. 790.001(6), an additional 18 sentence points are
15 assessed; or if the offender is convicted of committing or
16 attempting to commit any felony other than those enumerated in
17 s. 775.087(3) while having in his or her possession a
18 semiautomatic firearm as defined in s. 775.087(3) or a machine
19 gun as defined in s. 790.001(9), an additional 25 sentence
20 points are assessed.
21
22 Sentencing multipliers:
23
24 Drug trafficking: If the primary offense is drug trafficking
25 under s. 893.135, the subtotal sentence points are multiplied,
26 at the discretion of the court, for a level 7 or level 8
27 offense, by 1.5. The state attorney may move the sentencing
28 court to reduce or suspend the sentence of a person convicted
29 of a level 7 or level 8 offense, if the offender provides
30 substantial assistance as described in s. 893.135(4).
31
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1 Law enforcement protection: If the primary offense is a
2 violation of the Law Enforcement Protection Act under s.
3 775.0823(2), the subtotal sentence points are multiplied by
4 2.5. If the primary offense is a violation of s. 775.0823(3),
5 (4), (5), (6), (7), or (8), the subtotal sentence points are
6 multiplied by 2.0. If the primary offense is a violation of s.
7 784.07(3) or s. 775.0875(1), or of the Law Enforcement
8 Protection Act under s. 775.0823(9) or (10), the subtotal
9 sentence points are multiplied by 1.5.
10
11 Grand theft of a motor vehicle: If the primary offense is
12 grand theft of the third degree involving a motor vehicle and
13 in the offender's prior record, there are three or more grand
14 thefts of the third degree involving a motor vehicle, the
15 subtotal sentence points are multiplied by 1.5.
16
17 Criminal street gang member: If the offender is convicted of
18 the primary offense and is found to have been a member of a
19 criminal street gang at the time of the commission of the
20 primary offense pursuant to s. 874.04, the subtotal sentence
21 points are multiplied by 1.5.
22
23 Domestic violence in the presence of a child: If the offender
24 is convicted of the primary offense and the primary offense is
25 a crime of domestic violence, as defined in s. 741.28, which
26 was committed in the presence of a child under 16 years of age
27 who is a family household member as defined in s. 741.28(2)
28 with the victim or perpetrator, the subtotal sentence points
29 are multiplied by 1.5.
30 Section 26. For the purpose of incorporating the
31 amendments to section 893.135, Florida Statutes, in a
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1 reference thereto, subsection (2) of section 921.142, Florida
2 Statutes, is reenacted to read:
3 921.142 Sentence of death or life imprisonment for
4 capital drug trafficking felonies; further proceedings to
5 determine sentence.--
6 (2) SEPARATE PROCEEDINGS ON ISSUE OF PENALTY.--Upon
7 conviction or adjudication of guilt of a defendant of a
8 capital felony under s. 893.135, the court shall conduct a
9 separate sentencing proceeding to determine whether the
10 defendant should be sentenced to death or life imprisonment as
11 authorized by s. 775.082. The proceeding shall be conducted
12 by the trial judge before the trial jury as soon as
13 practicable. If, through impossibility or inability, the
14 trial jury is unable to reconvene for a hearing on the issue
15 of penalty, having determined the guilt of the accused, the
16 trial judge may summon a special juror or jurors as provided
17 in chapter 913 to determine the issue of the imposition of the
18 penalty. If the trial jury has been waived, or if the
19 defendant pleaded guilty, the sentencing proceeding shall be
20 conducted before a jury impaneled for that purpose, unless
21 waived by the defendant. In the proceeding, evidence may be
22 presented as to any matter that the court deems relevant to
23 the nature of the crime and the character of the defendant and
24 shall include matters relating to any of the aggravating or
25 mitigating circumstances enumerated in subsections (6) and
26 (7). Any such evidence which the court deems to have
27 probative value may be received, regardless of its
28 admissibility under the exclusionary rules of evidence,
29 provided the defendant is accorded a fair opportunity to rebut
30 any hearsay statements. However, this subsection shall not be
31 construed to authorize the introduction of any evidence
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1 secured in violation of the Constitution of the United States
2 or the Constitution of the State of Florida. The state and the
3 defendant or the defendant's counsel shall be permitted to
4 present argument for or against sentence of death.
5 Section 27. For the purpose of incorporating the
6 amendments to section 893.135, Florida Statutes, in references
7 thereto, section 943.0585, Florida Statutes, is reenacted to
8 read:
9 943.0585 Court-ordered expunction of criminal history
10 records.--The courts of this state have jurisdiction over
11 their own procedures, including the maintenance, expunction,
12 and correction of judicial records containing criminal history
13 information to the extent such procedures are not inconsistent
14 with the conditions, responsibilities, and duties established
15 by this section. Any court of competent jurisdiction may
16 order a criminal justice agency to expunge the criminal
17 history record of a minor or an adult who complies with the
18 requirements of this section. The court shall not order a
19 criminal justice agency to expunge a criminal history record
20 until the person seeking to expunge a criminal history record
21 has applied for and received a certificate of eligibility for
22 expunction pursuant to subsection (2). A criminal history
23 record that relates to a violation of chapter 794, s. 800.04,
24 s. 817.034, s. 827.071, chapter 839, s. 893.135, or a
25 violation enumerated in s. 907.041 may not be expunged,
26 without regard to whether adjudication was withheld, if the
27 defendant was found guilty of or pled guilty or nolo
28 contendere to the offense, or if the defendant, as a minor,
29 was found to have committed, or pled guilty or nolo contendere
30 to committing, the offense as a delinquent act. The court may
31 only order expunction of a criminal history record pertaining
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1 to one arrest or one incident of alleged criminal activity,
2 except as provided in this section. The court may, at its sole
3 discretion, order the expunction of a criminal history record
4 pertaining to more than one arrest if the additional arrests
5 directly relate to the original arrest. If the court intends
6 to order the expunction of records pertaining to such
7 additional arrests, such intent must be specified in the
8 order. A criminal justice agency may not expunge any record
9 pertaining to such additional arrests if the order to expunge
10 does not articulate the intention of the court to expunge a
11 record pertaining to more than one arrest. This section does
12 not prevent the court from ordering the expunction of only a
13 portion of a criminal history record pertaining to one arrest
14 or one incident of alleged criminal activity. Notwithstanding
15 any law to the contrary, a criminal justice agency may comply
16 with laws, court orders, and official requests of other
17 jurisdictions relating to expunction, correction, or
18 confidential handling of criminal history records or
19 information derived therefrom. This section does not confer
20 any right to the expunction of any criminal history record,
21 and any request for expunction of a criminal history record
22 may be denied at the sole discretion of the court.
23 (1) PETITION TO EXPUNGE A CRIMINAL HISTORY
24 RECORD.--Each petition to a court to expunge a criminal
25 history record is complete only when accompanied by:
26 (a) A certificate of eligibility for expunction issued
27 by the department pursuant to subsection (2).
28 (b) The petitioner's sworn statement attesting that
29 the petitioner:
30 1. Has never, prior to the date on which the petition
31 is filed, been adjudicated guilty of a criminal offense or
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1 comparable ordinance violation or adjudicated delinquent for
2 committing a felony or a misdemeanor specified in s.
3 943.051(3)(b).
4 2. Has not been adjudicated guilty of, or adjudicated
5 delinquent for committing, any of the acts stemming from the
6 arrest or alleged criminal activity to which the petition
7 pertains.
8 3. Has never secured a prior sealing or expunction of
9 a criminal history record under this section, former s.
10 893.14, former s. 901.33, or former s. 943.058, or from any
11 jurisdiction outside the state.
12 4. Is eligible for such an expunction to the best of
13 his or her knowledge or belief and does not have any other
14 petition to expunge or any petition to seal pending before any
15 court.
16
17 Any person who knowingly provides false information on such
18 sworn statement to the court commits a felony of the third
19 degree, punishable as provided in s. 775.082, s. 775.083, or
20 s. 775.084.
21 (2) CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.--Prior
22 to petitioning the court to expunge a criminal history record,
23 a person seeking to expunge a criminal history record shall
24 apply to the department for a certificate of eligibility for
25 expunction. The department shall, by rule adopted pursuant to
26 chapter 120, establish procedures pertaining to the
27 application for and issuance of certificates of eligibility
28 for expunction. The department shall issue a certificate of
29 eligibility for expunction to a person who is the subject of a
30 criminal history record if that person:
31
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1 (a) Has obtained, and submitted to the department, a
2 written, certified statement from the appropriate state
3 attorney or statewide prosecutor which indicates:
4 1. That an indictment, information, or other charging
5 document was not filed or issued in the case.
6 2. That an indictment, information, or other charging
7 document, if filed or issued in the case, was dismissed or
8 nolle prosequi by the state attorney or statewide prosecutor,
9 or was dismissed by a court of competent jurisdiction.
10 3. That the criminal history record does not relate to
11 a violation of chapter 794, s. 800.04, s. 817.034, s. 827.071,
12 chapter 839, s. 893.135, or a violation enumerated in s.
13 907.041, where the defendant was found guilty of, or pled
14 guilty or nolo contendere to any such offense, or that the
15 defendant, as a minor, was found to have committed, or pled
16 guilty or nolo contendere to committing, such an offense as a
17 delinquent act, without regard to whether adjudication was
18 withheld.
19 (b) Remits a $75 processing fee to the department for
20 placement in the Department of Law Enforcement Operating Trust
21 Fund, unless such fee is waived by the executive director.
22 (c) Has submitted to the department a certified copy
23 of the disposition of the charge to which the petition to
24 expunge pertains.
25 (d) Has never, prior to the date on which the
26 application for a certificate of eligibility is filed, been
27 adjudicated guilty of a criminal offense or comparable
28 ordinance violation or adjudicated delinquent for committing a
29 felony or a misdemeanor specified in s. 943.051(3)(b).
30 (e) Has not been adjudicated guilty of, or adjudicated
31 delinquent for committing, any of the acts stemming from the
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1 arrest or alleged criminal activity to which the petition to
2 expunge pertains.
3 (f) Has never secured a prior sealing or expunction of
4 a criminal history record under this section, former s.
5 893.14, former s. 901.33, or former s. 943.058.
6 (g) Is no longer under court supervision applicable to
7 the disposition of the arrest or alleged criminal activity to
8 which the petition to expunge pertains.
9 (h) Is not required to wait a minimum of 10 years
10 prior to being eligible for an expunction of such records
11 because all charges related to the arrest or criminal activity
12 to which the petition to expunge pertains were dismissed prior
13 to trial, adjudication, or the withholding of adjudication.
14 Otherwise, such criminal history record must be sealed under
15 this section, former s. 893.14, former s. 901.33, or former s.
16 943.058 for at least 10 years before such record is eligible
17 for expunction.
18 (3) PROCESSING OF A PETITION OR ORDER TO EXPUNGE.--
19 (a) In judicial proceedings under this section, a copy
20 of the completed petition to expunge shall be served upon the
21 appropriate state attorney or the statewide prosecutor and
22 upon the arresting agency; however, it is not necessary to
23 make any agency other than the state a party. The appropriate
24 state attorney or the statewide prosecutor and the arresting
25 agency may respond to the court regarding the completed
26 petition to expunge.
27 (b) If relief is granted by the court, the clerk of
28 the court shall certify copies of the order to the appropriate
29 state attorney or the statewide prosecutor and the arresting
30 agency. The arresting agency is responsible for forwarding the
31 order to any other agency to which the arresting agency
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1 disseminated the criminal history record information to which
2 the order pertains. The department shall forward the order to
3 expunge to the Federal Bureau of Investigation. The clerk of
4 the court shall certify a copy of the order to any other
5 agency which the records of the court reflect has received the
6 criminal history record from the court.
7 (c) For an order to expunge entered by a court prior
8 to July 1, 1992, the department shall notify the appropriate
9 state attorney or statewide prosecutor of an order to expunge
10 which is contrary to law because the person who is the subject
11 of the record has previously been convicted of a crime or
12 comparable ordinance violation or has had a prior criminal
13 history record sealed or expunged. Upon receipt of such
14 notice, the appropriate state attorney or statewide prosecutor
15 shall take action, within 60 days, to correct the record and
16 petition the court to void the order to expunge. The
17 department shall seal the record until such time as the order
18 is voided by the court.
19 (d) On or after July 1, 1992, the department or any
20 other criminal justice agency is not required to act on an
21 order to expunge entered by a court when such order does not
22 comply with the requirements of this section. Upon receipt of
23 such an order, the department must notify the issuing court,
24 the appropriate state attorney or statewide prosecutor, the
25 petitioner or the petitioner's attorney, and the arresting
26 agency of the reason for noncompliance. The appropriate state
27 attorney or statewide prosecutor shall take action within 60
28 days to correct the record and petition the court to void the
29 order. No cause of action, including contempt of court, shall
30 arise against any criminal justice agency for failure to
31 comply with an order to expunge when the petitioner for such
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1 order failed to obtain the certificate of eligibility as
2 required by this section or such order does not otherwise
3 comply with the requirements of this section.
4 (4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any
5 criminal history record of a minor or an adult which is
6 ordered expunged by a court of competent jurisdiction pursuant
7 to this section must be physically destroyed or obliterated by
8 any criminal justice agency having custody of such record;
9 except that any criminal history record in the custody of the
10 department must be retained in all cases. A criminal history
11 record ordered expunged that is retained by the department is
12 confidential and exempt from the provisions of s. 119.07(1)
13 and s. 24(a), Art. I of the State Constitution and not
14 available to any person or entity except upon order of a court
15 of competent jurisdiction. A criminal justice agency may
16 retain a notation indicating compliance with an order to
17 expunge.
18 (a) The person who is the subject of a criminal
19 history record that is expunged under this section or under
20 other provisions of law, including former s. 893.14, former s.
21 901.33, and former s. 943.058, may lawfully deny or fail to
22 acknowledge the arrests covered by the expunged record, except
23 when the subject of the record:
24 1. Is a candidate for employment with a criminal
25 justice agency;
26 2. Is a defendant in a criminal prosecution;
27 3. Concurrently or subsequently petitions for relief
28 under this section or s. 943.059;
29 4. Is a candidate for admission to The Florida Bar;
30 5. Is seeking to be employed or licensed by or to
31 contract with the Department of Children and Family Services
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1 or the Department of Juvenile Justice or to be employed or
2 used by such contractor or licensee in a sensitive position
3 having direct contact with children, the developmentally
4 disabled, the aged, or the elderly as provided in s.
5 110.1127(3), s. 393.063(15), s. 394.4572(1), s. 397.451, s.
6 402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.
7 415.1075(4), s. 985.407, or chapter 400; or
8 6. Is seeking to be employed or licensed by the Office
9 of Teacher Education, Certification, Staff Development, and
10 Professional Practices of the Department of Education, any
11 district school board, or any local governmental entity that
12 licenses child care facilities.
13 (b) Subject to the exceptions in paragraph (a), a
14 person who has been granted an expunction under this section,
15 former s. 893.14, former s. 901.33, or former s. 943.058 may
16 not be held under any provision of law of this state to commit
17 perjury or to be otherwise liable for giving a false statement
18 by reason of such person's failure to recite or acknowledge an
19 expunged criminal history record.
20 (c) Information relating to the existence of an
21 expunged criminal history record which is provided in
22 accordance with paragraph (a) is confidential and exempt from
23 the provisions of s. 119.07(1) and s. 24(a), Art. I of the
24 State Constitution, except that the department shall disclose
25 the existence of a criminal history record ordered expunged to
26 the entities set forth in subparagraphs (a)1., 4., 5., and 6.
27 for their respective licensing and employment purposes, and to
28 criminal justice agencies for their respective criminal
29 justice purposes. It is unlawful for any employee of an
30 entity set forth in subparagraph (a)1., subparagraph (a)4.,
31 subparagraph (a)5., or subparagraph (a)6. to disclose
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1 information relating to the existence of an expunged criminal
2 history record of a person seeking employment or licensure
3 with such entity or contractor, except to the person to whom
4 the criminal history record relates or to persons having
5 direct responsibility for employment or licensure decisions.
6 Any person who violates this paragraph commits a misdemeanor
7 of the first degree, punishable as provided in s. 775.082 or
8 s. 775.083.
9 (5) STATUTORY REFERENCES.--Any reference to any other
10 chapter, section, or subdivision of the Florida Statutes in
11 this section constitutes a general reference under the
12 doctrine of incorporation by reference.
13 Section 28. For the purpose of incorporating the
14 amendments to section 893.135, Florida Statutes, in a
15 reference thereto, section 943.059, Florida Statutes, is
16 reenacted to read:
17 943.059 Court-ordered sealing of criminal history
18 records.--The courts of this state shall continue to have
19 jurisdiction over their own procedures, including the
20 maintenance, sealing, and correction of judicial records
21 containing criminal history information to the extent such
22 procedures are not inconsistent with the conditions,
23 responsibilities, and duties established by this section. Any
24 court of competent jurisdiction may order a criminal justice
25 agency to seal the criminal history record of a minor or an
26 adult who complies with the requirements of this section. The
27 court shall not order a criminal justice agency to seal a
28 criminal history record until the person seeking to seal a
29 criminal history record has applied for and received a
30 certificate of eligibility for sealing pursuant to subsection
31 (2). A criminal history record that relates to a violation of
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1 chapter 794, s. 800.04, s. 817.034, s. 827.071, chapter 839,
2 s. 893.135, or a violation enumerated in s. 907.041 may not be
3 sealed, without regard to whether adjudication was withheld,
4 if the defendant was found guilty of or pled guilty or nolo
5 contendere to the offense, or if the defendant, as a minor,
6 was found to have committed or pled guilty or nolo contendere
7 to committing the offense as a delinquent act. The court may
8 only order sealing of a criminal history record pertaining to
9 one arrest or one incident of alleged criminal activity,
10 except as provided in this section. The court may, at its sole
11 discretion, order the sealing of a criminal history record
12 pertaining to more than one arrest if the additional arrests
13 directly relate to the original arrest. If the court intends
14 to order the sealing of records pertaining to such additional
15 arrests, such intent must be specified in the order. A
16 criminal justice agency may not seal any record pertaining to
17 such additional arrests if the order to seal does not
18 articulate the intention of the court to seal records
19 pertaining to more than one arrest. This section does not
20 prevent the court from ordering the sealing of only a portion
21 of a criminal history record pertaining to one arrest or one
22 incident of alleged criminal activity. Notwithstanding any law
23 to the contrary, a criminal justice agency may comply with
24 laws, court orders, and official requests of other
25 jurisdictions relating to sealing, correction, or confidential
26 handling of criminal history records or information derived
27 therefrom. This section does not confer any right to the
28 sealing of any criminal history record, and any request for
29 sealing a criminal history record may be denied at the sole
30 discretion of the court.
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1 (1) PETITION TO SEAL A CRIMINAL HISTORY RECORD.--Each
2 petition to a court to seal a criminal history record is
3 complete only when accompanied by:
4 (a) A certificate of eligibility for sealing issued by
5 the department pursuant to subsection (2).
6 (b) The petitioner's sworn statement attesting that
7 the petitioner:
8 1. Has never, prior to the date on which the petition
9 is filed, been adjudicated guilty of a criminal offense or
10 comparable ordinance violation or adjudicated delinquent for
11 committing a felony or a misdemeanor specified in s.
12 943.051(3)(b).
13 2. Has not been adjudicated guilty of or adjudicated
14 delinquent for committing any of the acts stemming from the
15 arrest or alleged criminal activity to which the petition to
16 seal pertains.
17 3. Has never secured a prior sealing or expunction of
18 a criminal history record under this section, former s.
19 893.14, former s. 901.33, former s. 943.058, or from any
20 jurisdiction outside the state.
21 4. Is eligible for such a sealing to the best of his
22 or her knowledge or belief and does not have any other
23 petition to seal or any petition to expunge pending before any
24 court.
25
26 Any person who knowingly provides false information on such
27 sworn statement to the court commits a felony of the third
28 degree, punishable as provided in s. 775.082, s. 775.083, or
29 s. 775.084.
30 (2) CERTIFICATE OF ELIGIBILITY FOR SEALING.--Prior to
31 petitioning the court to seal a criminal history record, a
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1 person seeking to seal a criminal history record shall apply
2 to the department for a certificate of eligibility for
3 sealing. The department shall, by rule adopted pursuant to
4 chapter 120, establish procedures pertaining to the
5 application for and issuance of certificates of eligibility
6 for sealing. The department shall issue a certificate of
7 eligibility for sealing to a person who is the subject of a
8 criminal history record provided that such person:
9 (a) Has submitted to the department a certified copy
10 of the disposition of the charge to which the petition to seal
11 pertains.
12 (b) Remits a $75 processing fee to the department for
13 placement in the Department of Law Enforcement Operating Trust
14 Fund, unless such fee is waived by the executive director.
15 (c) Has never, prior to the date on which the
16 application for a certificate of eligibility is filed, been
17 adjudicated guilty of a criminal offense or comparable
18 ordinance violation or adjudicated delinquent for committing a
19 felony or a misdemeanor specified in s. 943.051(3)(b).
20 (d) Has not been adjudicated guilty of or adjudicated
21 delinquent for committing any of the acts stemming from the
22 arrest or alleged criminal activity to which the petition to
23 seal pertains.
24 (e) Has never secured a prior sealing or expunction of
25 a criminal history record under this section, former s.
26 893.14, former s. 901.33, or former s. 943.058.
27 (f) Is no longer under court supervision applicable to
28 the disposition of the arrest or alleged criminal activity to
29 which the petition to seal pertains.
30 (3) PROCESSING OF A PETITION OR ORDER TO SEAL.--
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1 (a) In judicial proceedings under this section, a copy
2 of the completed petition to seal shall be served upon the
3 appropriate state attorney or the statewide prosecutor and
4 upon the arresting agency; however, it is not necessary to
5 make any agency other than the state a party. The appropriate
6 state attorney or the statewide prosecutor and the arresting
7 agency may respond to the court regarding the completed
8 petition to seal.
9 (b) If relief is granted by the court, the clerk of
10 the court shall certify copies of the order to the appropriate
11 state attorney or the statewide prosecutor and to the
12 arresting agency. The arresting agency is responsible for
13 forwarding the order to any other agency to which the
14 arresting agency disseminated the criminal history record
15 information to which the order pertains. The department shall
16 forward the order to seal to the Federal Bureau of
17 Investigation. The clerk of the court shall certify a copy of
18 the order to any other agency which the records of the court
19 reflect has received the criminal history record from the
20 court.
21 (c) For an order to seal entered by a court prior to
22 July 1, 1992, the department shall notify the appropriate
23 state attorney or statewide prosecutor of any order to seal
24 which is contrary to law because the person who is the subject
25 of the record has previously been convicted of a crime or
26 comparable ordinance violation or has had a prior criminal
27 history record sealed or expunged. Upon receipt of such
28 notice, the appropriate state attorney or statewide prosecutor
29 shall take action, within 60 days, to correct the record and
30 petition the court to void the order to seal. The department
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1 shall seal the record until such time as the order is voided
2 by the court.
3 (d) On or after July 1, 1992, the department or any
4 other criminal justice agency is not required to act on an
5 order to seal entered by a court when such order does not
6 comply with the requirements of this section. Upon receipt of
7 such an order, the department must notify the issuing court,
8 the appropriate state attorney or statewide prosecutor, the
9 petitioner or the petitioner's attorney, and the arresting
10 agency of the reason for noncompliance. The appropriate state
11 attorney or statewide prosecutor shall take action within 60
12 days to correct the record and petition the court to void the
13 order. No cause of action, including contempt of court, shall
14 arise against any criminal justice agency for failure to
15 comply with an order to seal when the petitioner for such
16 order failed to obtain the certificate of eligibility as
17 required by this section or when such order does not comply
18 with the requirements of this section.
19 (e) An order sealing a criminal history record
20 pursuant to this section does not require that such record be
21 surrendered to the court, and such record shall continue to be
22 maintained by the department and other criminal justice
23 agencies.
24 (4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A
25 criminal history record of a minor or an adult which is
26 ordered sealed by a court of competent jurisdiction pursuant
27 to this section is confidential and exempt from the provisions
28 of s. 119.07(1) and s. 24(a), Art. I of the State Constitution
29 and is available only to the person who is the subject of the
30 record, to the subject's attorney, to criminal justice
31 agencies for their respective criminal justice purposes, or to
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1 those entities set forth in subparagraphs (a)1., 4., 5., and
2 6. for their respective licensing and employment purposes.
3 (a) The subject of a criminal history record sealed
4 under this section or under other provisions of law, including
5 former s. 893.14, former s. 901.33, and former s. 943.058, may
6 lawfully deny or fail to acknowledge the arrests covered by
7 the sealed record, except when the subject of the record:
8 1. Is a candidate for employment with a criminal
9 justice agency;
10 2. Is a defendant in a criminal prosecution;
11 3. Concurrently or subsequently petitions for relief
12 under this section or s. 943.0585;
13 4. Is a candidate for admission to The Florida Bar;
14 5. Is seeking to be employed or licensed by or to
15 contract with the Department of Children and Family Services
16 or the Department of Juvenile Justice or to be employed or
17 used by such contractor or licensee in a sensitive position
18 having direct contact with children, the developmentally
19 disabled, the aged, or the elderly as provided in s.
20 110.1127(3), s. 393.063(15), s. 394.4572(1), s. 397.451, s.
21 402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.
22 415.103, s. 985.407, or chapter 400; or
23 6. Is seeking to be employed or licensed by the Office
24 of Teacher Education, Certification, Staff Development, and
25 Professional Practices of the Department of Education, any
26 district school board, or any local governmental entity which
27 licenses child care facilities.
28 (b) Subject to the exceptions in paragraph (a), a
29 person who has been granted a sealing under this section,
30 former s. 893.14, former s. 901.33, or former s. 943.058 may
31 not be held under any provision of law of this state to commit
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1 perjury or to be otherwise liable for giving a false statement
2 by reason of such person's failure to recite or acknowledge a
3 sealed criminal history record.
4 (c) Information relating to the existence of a sealed
5 criminal record provided in accordance with the provisions of
6 paragraph (a) is confidential and exempt from the provisions
7 of s. 119.07(1) and s. 24(a), Art. I of the State
8 Constitution, except that the department shall disclose the
9 sealed criminal history record to the entities set forth in
10 subparagraphs (a)1., 4., 5., and 6. for their respective
11 licensing and employment purposes. It is unlawful for any
12 employee of an entity set forth in subparagraph (a)1.,
13 subparagraph (a)4., subparagraph (a)5., or subparagraph (a)6.
14 to disclose information relating to the existence of a sealed
15 criminal history record of a person seeking employment or
16 licensure with such entity or contractor, except to the person
17 to whom the criminal history record relates or to persons
18 having direct responsibility for employment or licensure
19 decisions. Any person who violates the provisions of this
20 paragraph commits a misdemeanor of the first degree,
21 punishable as provided in s. 775.082 or s. 775.083.
22 (5) STATUTORY REFERENCES.--Any reference to any other
23 chapter, section, or subdivision of the Florida Statutes in
24 this section constitutes a general reference under the
25 doctrine of incorporation by reference.
26 Section 29. This act shall take effect October 1,
27 2000.
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