House Bill hb1529e1

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                                   CS/HB 1529, First Engrossed/ntc



  1                      A bill to be entitled

  2         An act relating to controlled substances;

  3         authorizing the creation of a pilot program in

  4         Orange County to intercept illegal drug

  5         shipments through package delivery services;

  6         amending ss. 823.01 and 823.10, F.S.; providing

  7         that a person who willfully maintains a place

  8         where controlled substances are unlawfully

  9         kept, sold, or delivered commits the offense of

10         keeping or maintaining a public nuisance;

11         providing a penalty; amending s. 877.111, F.S.,

12         relating to inhalation, ingestion, sale,

13         purchase, or transfer of certain harmful

14         chemical substances; providing exceptions to

15         applications of offenses relating to unlawful

16         distribution, sale, purchase, transfer, or

17         possession of nitrous oxide; amending s.

18         893.03, F.S., relating to controlled substance

19         standards and schedules; adding

20         4-methoxymethamphetamine, 1,4-Butanediol,

21         Gamma-butyrolactone (GBL), Gamma-hydroxybutyric

22         acid (GHB), methaqualone, and mecloqualone to

23         Schedule I; deleting 1,4-Butanediol and

24         Gamma-hydroxybutyric acid (GHB) from Schedule

25         II; adding drug products containing

26         Gamma-hydroxybutyric acid (GHB) which are

27         approved under the Federal Food, Drug, and

28         Cosmetic Act to Schedule III; reenacting ss.

29         39.01(30)(a) and (g), 316.193(5), 327.35(5),

30         440.102(11)(b), 458.326(3), 465.035(2),

31         782.04(1)(a) and (4)(l), 817.563, 831.31(1)(a)


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  1         and (2), 856.015(1)(d), 893.02(4),

  2         893.0356(2)(a) and (5), 893.12(2)(b), (c), and

  3         (d), and 893.13(1)(a), (c), (d), (e), and (f),

  4         (2)(a), (4), (5)(a) and (b), and (7)(a), F.S.,

  5         relating to harm to a child's health or

  6         welfare, driving under the influence, boating

  7         under the influence, drug-free workplace

  8         program requirements, treatment of intractable

  9         pain, facsimile prescriptions, medical review

10         committee liability, murder, sale of substance

11         in lieu of controlled substance, counterfeit

12         controlled substances, open house parties, the

13         definition of controlled substance, control of

14         new substances by the Attorney General,

15         contraband, and prohibited acts involving

16         controlled substances, respectively, to

17         incorporate the amendment to s. 893.03, F.S.,

18         in references thereto; amending s. 893.033,

19         F.S., relating to listed chemicals; adding

20         chloroephedrine and chloropseudoephedrine to

21         the list of precursor chemicals; amending s.

22         893.135, F.S., relating to drug trafficking;

23         creating offenses for trafficking in

24         Gamma-butyrolactone (GBL) and lysergic acid

25         diethylamide (LSD); providing penalties;

26         amending scheduling references for trafficking

27         in Gamma-hydroxybutyric acid (GHB) and

28         1,4-Butanediol; reenacting ss. 397.451(7),

29         414.095(1), 772.12(2)(a), 775.087(2) and (3),

30         782.04(1)(a), (3)(a), and (4)(a), 893.1351(1),

31         903.133, 907.041(4)(c), 921.0024(1)(b),


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  1         921.141(8), 921.142(2), 943.0585, and 943.059,

  2         F.S., relating to substance abuse service

  3         provider owners and directors, applicants for

  4         temporary cash assistance, drug dealer

  5         liability, possession or use of a weapon while

  6         trafficking, murder, lease or rent for

  7         trafficking purposes, denial of bail for

  8         certain felony convictions, pretrial detention,

  9         the punishment code worksheet, proceedings to

10         determine sentence of death or life

11         imprisonment for capital felonies, proceedings

12         to determine sentence of death or life

13         imprisonment for capital drug trafficking

14         felonies, court-ordered expunction of criminal

15         history records, and court-ordered sealing of

16         criminal history records, respectively, to

17         incorporate the amendment to s. 893.135, F.S.,

18         in references thereto; amending s. 921.0022,

19         F.S.; adding offenses for trafficking in

20         Gamma-butyrolactone (GBL) and lysergic acid

21         diethylamide (LSD) to the sentencing

22         guidelines; revising cross references;

23         providing effective dates.

24  

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

26  

27         Section 1.  (1)  The Legislature finds that drug

28  traffickers are increasingly employing package-delivery

29  services to illegally transport narcotics into the state. In

30  accordance with this finding, the Legislature authorizes the

31  creation of a 3-year pilot program in Orange County, Florida,


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                                   CS/HB 1529, First Engrossed/ntc



  1  to target and intercept the illegal shipment of narcotics via

  2  package-delivery services. This pilot program shall be created

  3  and supervised by the Orange County Sheriff's Office. The

  4  Orange County Sheriff's Office shall make a formal report of

  5  its findings to the Legislature by May 1, 2004.

  6         (2)  This section shall take effect upon this act

  7  becoming a law.

  8         Section 2.  Section 823.01, Florida Statutes, is

  9  amended to read:

10         823.01  Nuisances; penalty.--All nuisances that which

11  tend to annoy the community, or injure the health of the

12  citizens in general, or to corrupt the public morals, are

13  misdemeanors of the second degree, punishable as provided in

14  s. 775.083, except that a willful violation of s. 823.10(1) is

15  a felony of the third degree, punishable as provided in s.

16  775.082, s. 775.083, or s. 775.084.

17         Section 3.  Subsection (1) of section 823.10, Florida

18  Statutes, is amended to read:

19         823.10  Place where controlled substances are illegally

20  kept, sold, or used declared a public nuisance.--

21         (1)  Any store, shop, warehouse, dwelling house,

22  building, structure, vehicle, ship, boat, vessel, or aircraft,

23  or any place whatever, which is visited by persons for the

24  purpose of unlawfully using any substance controlled under

25  chapter 893 or any drugs as described in chapter 499, or which

26  is used for the illegal keeping, selling, or delivering of the

27  same, shall be deemed a public nuisance. No person shall keep

28  or maintain such public nuisance or aid and abet another in

29  keeping or maintaining such public nuisance. Any person who

30  willfully keeps or maintains a public nuisance or willfully

31  aids or abets another in keeping or maintaining a public


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  1  nuisance, and such public nuisance is a warehouse, structure,

  2  or building, commits a felony of the third degree, punishable

  3  as provided in s. 775.082, s. 775.083, or s. 775.084.

  4         Section 4.  Subsection (4) of section 877.111, Florida

  5  Statutes, is amended to read:

  6         877.111  Inhalation, ingestion, possession, sale,

  7  purchase, or transfer of harmful chemical substances;

  8  penalties.--

  9         (4)  Any person who knowingly distributes, sells,

10  purchases, transfers, or possesses more than 16 grams of

11  nitrous oxide for any use other than:

12         (a)  As part of the care or treatment of a disease or

13  injury by a practitioner licensed under chapter 458, chapter

14  459, chapter 464, chapter 466, or chapter 474;

15         (b)  As a food processing propellant;

16         (c)  As a semiconductor oxidizer;

17         (d)  As an analytical chemistry oxidizer in atomic

18  absorption spectrometry;

19         (e)  In the production of chemicals used to inflate

20  airbags;

21         (f)  As an oxidizer for chemical production,

22  combustion, or jet propulsion; or

23         (g)  When mixed with not less than 100 parts per

24  million of sulfur dioxide

25  

26  commits a felony of the third degree which shall be known as

27  unlawful distribution of nitrous oxide, punishable as provided

28  in s. 775.082, s. 775.083, or s. 775.084.  For purposes of

29  this subsection, in addition to proving by any other means

30  that nitrous oxide was knowingly possessed, distributed, sold,

31  purchased, or transferred for any purpose not specified in


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  1  paragraphs (a)-(g), proof that any person discharged, or aided

  2  another in discharging, nitrous oxide to inflate a balloon or

  3  any other object suitable for subsequent inhalation creates an

  4  inference of the person's knowledge that the nitrous oxide's

  5  use was for an unlawful a purpose other than those provided in

  6  paragraphs (a)-(g). This subsection does not apply to the

  7  possession and use of nitrous oxide as part of the care and

  8  treatment of a disease or injury by a practitioner licensed

  9  under chapter 458, chapter 459, chapter 464, chapter 466, or

10  chapter 474; as a food-processing propellant; as a

11  semiconductor oxidizer; as an analytical chemistry oxidizer in

12  atomic absorption spectrometry; in the production of chemicals

13  used to inflate airbags; as an oxidizer for chemical

14  production, combustion, or jet propulsion; or as a motor

15  vehicle induction additive when mixed with sulphur dioxide.

16         Section 5.  Paragraphs (c) and (d) of subsection (1)

17  and paragraph (b) of subsection (2) of section 893.03, Florida

18  Statutes, are amended, and paragraph (g) is added to

19  subsection (3) of said section, to read:

20         893.03  Standards and schedules.--The substances

21  enumerated in this section are controlled by this chapter.

22  The controlled substances listed or to be listed in Schedules

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

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

25  provisions of this section shall not be construed to include

26  within any of the schedules contained in this section any

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

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

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

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

31  1308.34, styled "Exempt Anabolic Steroid Products."


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  1         (1)  SCHEDULE I.--A substance in Schedule I has a high

  2  potential for abuse and has no currently accepted medical use

  3  in treatment in the United States and in its use under medical

  4  supervision does not meet accepted safety standards.  The

  5  following substances are controlled in Schedule I:

  6         (c)  Unless specifically excepted or unless listed in

  7  another schedule, any material, compound, mixture, or

  8  preparation which contains any quantity of the following

  9  hallucinogenic substances or which contains any of their

10  salts, isomers, and salts of isomers, whenever the existence

11  of such salts, isomers, and salts of isomers is possible

12  within the specific chemical designation:

13         1.  Alpha-ethyltryptamine.

14         2.  2-Amino-4-methyl-5-phenyl-2-oxazoline

15  (4-methylaminorex).

16         3.  2-Amino-5-phenyl-2-oxazoline (Aminorex).

17         4.  4-Bromo-2,5-dimethoxyamphetamine.

18         5.  4-Bromo-2, 5-dimethoxyphenethylamine.

19         6.  Bufotenine.

20         7.  Cannabis.

21         8.  Cathinone.

22         9.  Diethyltryptamine.

23         10.  2,5-Dimethoxyamphetamine.

24         11.  2,5-Dimethoxy-4-ethylamphetamine (DOET).

25         12.  Dimethyltryptamine.

26         13.  N-Ethyl-1-phenylcyclohexylamine (PCE) (Ethylamine

27  analog of phencyclidine).

28         14.  N-Ethyl-3-piperidyl benzilate.

29         15.  N-ethylamphetamine.

30         16.  Fenethylline.

31         17.  N-Hydroxy-3,4-methylenedioxyamphetamine.


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  1         18.  Ibogaine.

  2         19.  Lysergic acid diethylamide (LSD).

  3         20.  Mescaline.

  4         21.  Methcathinone.

  5         22.  5-Methoxy-3,4-methylenedioxyamphetamine.

  6         23.  4-methoxyamphetamine.

  7         24.  4-methoxymethamphetamine.

  8         25.24.  4-Methyl-2,5-dimethoxyamphetamine.

  9         26.25.  3,4-Methylenedioxy-N-ethylamphetamine.

10         27.26.  3,4-Methylenedioxyamphetamine.

11         28.27.  N-Methyl-3-piperidyl benzilate.

12         29.28.  N,N-dimethylamphetamine.

13         30.29.  Parahexyl.

14         31.30.  Peyote.

15         32.31.  N-(1-Phenylcyclohexyl)-pyrrolidine (PCPY)

16  (Pyrrolidine analog of phencyclidine).

17         33.32.  Psilocybin.

18         34.33.  Psilocyn.

19         35.34.  Tetrahydrocannabinols.

20         36.35.  1-[1-(2-Thienyl)-cyclohexyl]-piperidine (TCP)

21  (Thiophene analog of phencyclidine).

22         37.36.  3,4,5-Trimethoxyamphetamine.

23         (d)  Unless specifically excepted or unless listed in

24  another schedule, any material, compound, mixture, or

25  preparation which contains any quantity of the following

26  substances methaqualone or mecloqualone, including any of its

27  salts, isomers, optical isomers, salts of their isomers, and

28  salts of these optical isomers whenever the existence of such

29  isomers and salts is possible within the specific chemical

30  designation:

31         1.  1,4-Butanediol.


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  1         2.  Gamma-butyrolactone (GBL).

  2         3.  Gamma-hydroxybutyric acid (GHB).

  3         4.  Methaqualone.

  4         5.  Mecloqualone.

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

  6  high potential for abuse and has a currently accepted but

  7  severely restricted medical use in treatment in the United

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

  9  psychological or physical dependence.  The following

10  substances are controlled in Schedule II:

11         (b)  Unless specifically excepted or unless listed in

12  another schedule, any of the following substances, including

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

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

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

16  chemical designation:

17         1.  Alfentanil.

18         2.  Alphaprodine.

19         3.  Anileridine.

20         4.  Bezitramide.

21         5.  Bulk propoxyphene (nondosage forms).

22         6.  1,4-Butanediol.

23         6.7.  Carfentanil.

24         7.8.  Dihydrocodeine.

25         8.9.  Diphenoxylate.

26         9.10.  Fentanyl.

27         11.  Gamma-hydroxybutyric acid (GHB).

28         10.12.  Isomethadone.

29         11.13.  Levomethorphan.

30         12.14.  Levorphanol.

31         13.15.  Metazocine.


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  1         14.16.  Methadone.

  2         15.17.  Methadone-Intermediate,4-cyano-2-dimethylamino-

  3  4,4-diphenylbutane.

  4         16.18.  Moramide-Intermediate,2-methyl-3-morpholoino-

  5  1,1-diphenylpropane-carboxylic acid.

  6         17.19.  Nabilone.

  7         18.20.  Pethidine (meperidine).

  8         19.21.  Pethidine-Intermediate-A,4-cyano-1-methyl-

  9  4-phenylpiperidine.

10         20.22.  Pethidine-Intermediate-B,ethyl-

11  4-phenylpiperidine-4-carboxylate.

12         21.23.  Pethidine-Intermediate-C,1-methyl-

13  4-phenylpiperidine-4-carboxylic acid.

14         22.24.  Phenazocine.

15         23.25.  Phencyclidine.

16         24.26.  1-Phenylcyclohexylamine.

17         25.27.  Piminodine.

18         26.28.  1-Piperidinocyclohexanecarbonitrile.

19         27.29.  Racemethorphan.

20         28.30.  Racemorphan.

21         29.31.  Sufentanil.

22         (3)  SCHEDULE III.--A substance in Schedule III has a

23  potential for abuse less than the substances contained in

24  Schedules I and II and has a currently accepted medical use in

25  treatment in the United States, and abuse of the substance may

26  lead to moderate or low physical dependence or high

27  psychological dependence or, in the case of anabolic steroids,

28  may lead to physical damage.  The following substances are

29  controlled in Schedule III:

30         (g)  Any drug product containing gamma-hydroxybutyric

31  acid (GHB), including its salts, isomers, and salts of


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                                   CS/HB 1529, First Engrossed/ntc



  1  isomers, for which an application is approved under s. 505 of

  2  the Federal Food, Drug, and Cosmetic Act.

  3         Section 6.  For the purpose of incorporating the

  4  amendment to section 893.03, Florida Statutes, in references

  5  thereto, the sections or subdivisions of Florida Statutes set

  6  forth below are reenacted to read:

  7         39.01  Definitions.--When used in this chapter, unless

  8  the context otherwise requires:

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

10  when any person:

11         (a)  Inflicts or allows to be inflicted upon the child

12  physical, mental, or emotional injury. In determining whether

13  harm has occurred, the following factors must be considered in

14  evaluating any physical, mental, or emotional injury to a

15  child: the age of the child; any prior history of injuries to

16  the child; the location of the injury on the body of the

17  child; the multiplicity of the injury; and the type of trauma

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

19         1.  Willful acts that produce the following specific

20  injuries:

21         a.  Sprains, dislocations, or cartilage damage.

22         b.  Bone or skull fractures.

23         c.  Brain or spinal cord damage.

24         d.  Intracranial hemorrhage or injury to other internal

25  organs.

26         e.  Asphyxiation, suffocation, or drowning.

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

28         g.  Burns or scalding.

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

30         i.  Permanent or temporary disfigurement.

31  


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

  2  part or function.

  3  

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

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

  6  result or to cause an injury.

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

  8  other substances that substantially affect the child's

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

10  sickness or internal injury.  For the purposes of this

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

12  prescribed for the child or not administered as prescribed,

13  and controlled substances as outlined in Schedule I or

14  Schedule II of s. 893.03.

15         3.  Leaving a child without adult supervision or

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

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

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

19  exercise good judgment in responding to any kind of physical

20  or emotional crisis.

21         4.  Inappropriate or excessively harsh disciplinary

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

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

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

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

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

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

28  trauma inflicted.  Corporal discipline may be considered

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

30  or other similar injuries:

31         a.  Sprains, dislocations, or cartilage damage.


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  1         b.  Bone or skull fractures.

  2         c.  Brain or spinal cord damage.

  3         d.  Intracranial hemorrhage or injury to other internal

  4  organs.

  5         e.  Asphyxiation, suffocation, or drowning.

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

  7         g.  Burns or scalding.

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

  9         i.  Permanent or temporary disfigurement.

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

11  part or function.

12         k.  Significant bruises or welts.

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

14  alcohol. Exposure to a controlled substance or alcohol is

15  established by:

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

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

18  demonstrably adversely affected by such usage; or

19         2.  Continued chronic and severe use of a controlled

20  substance or alcohol by a parent when the child is

21  demonstrably adversely affected by such usage.

22  

23  As used in this paragraph, the term "controlled substance"

24  means prescription drugs not prescribed for the parent or not

25  administered as prescribed and controlled substances as

26  outlined in Schedule I or Schedule II of s. 893.03.

27         316.193  Driving under the influence; penalties.--

28         (5)  The court shall place all offenders convicted of

29  violating this section on monthly reporting probation and

30  shall require completion of a substance abuse course conducted

31  by a DUI program licensed by the department under s. 322.292,


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  1  which must include a psychosocial evaluation of the offender.

  2  If the DUI program refers the offender to an authorized

  3  substance abuse treatment provider for substance abuse

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

  5  this section, completion of all such education, evaluation,

  6  and treatment is a condition of reporting probation.  The

  7  offender shall assume reasonable costs for such education,

  8  evaluation, and treatment. The referral to treatment resulting

  9  from a psychosocial evaluation shall not be waived without a

10  supporting independent psychosocial evaluation conducted by an

11  authorized substance abuse treatment provider appointed by the

12  court, which shall have access to the DUI program's

13  psychosocial evaluation before the independent psychosocial

14  evaluation is conducted. The court shall review the results

15  and recommendations of both evaluations before determining the

16  request for waiver.  The offender shall bear the full cost of

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

18  alcohol or any substance named or described in Schedules I

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

20  under this subsection fails to report for or complete such

21  treatment or fails to complete the DUI program substance abuse

22  education course and evaluation, the DUI program shall notify

23  the court and the department of the failure.  Upon receipt of

24  the notice, the department shall cancel the offender's driving

25  privilege, notwithstanding the terms of the court order or any

26  suspension or revocation of the driving privilege.  The

27  department may temporarily reinstate the driving privilege on

28  a restricted basis upon verification from the DUI program that

29  the offender is currently participating in treatment and the

30  DUI education course and evaluation requirement has been

31  completed. If the DUI program notifies the department of the


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  1  second failure to complete treatment, the department shall

  2  reinstate the driving privilege only after notice of

  3  completion of treatment from the DUI program.  The

  4  organization that conducts the substance abuse education and

  5  evaluation may not provide required substance abuse treatment

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

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

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

  9  provider that conducts the substance abuse education and

10  evaluation is the most appropriate service provider and is

11  licensed under chapter 397 or is exempt from such licensure. A

12  statistical referral report shall be submitted quarterly to

13  the department by each organization authorized to provide

14  services under this section.

15         327.35  Boating under the influence; penalties;

16  "designated drivers".--

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

18  shall place any offender convicted of violating this section

19  on monthly reporting probation and shall require attendance at

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

21  agency conducting the course may refer the offender to an

22  authorized service provider for substance abuse evaluation and

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

24  this section.  The offender shall assume reasonable costs for

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

26  all such education, evaluation, and treatment being a

27  condition of reporting probation.  Treatment resulting from a

28  psychosocial evaluation may not be waived without a supporting

29  psychosocial evaluation conducted by an agency appointed by

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

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


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

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

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

  4  following provisions apply to a drug-free workplace program

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

  6  for Health Care Administration:

  7         (11)  PUBLIC EMPLOYEES IN SAFETY-SENSITIVE OR

  8  SPECIAL-RISK POSITIONS.--

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

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

11  a public employer for the first positive confirmed test result

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

13  special-risk employee who is participating in an employee

14  assistance program or drug rehabilitation program may not be

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

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

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

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

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

20  accumulated annual leave credits before leave may be ordered

21  without pay.

22         458.326  Intractable pain; authorized treatment.--

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

24  physician may prescribe or administer any controlled substance

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

26  person for the treatment of intractable pain, provided the

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

28  skill, and treatment recognized by a reasonably prudent

29  physician under similar conditions and circumstances.

30         465.035  Dispensing of medicinal drugs pursuant to

31  facsimile of prescription.--


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                                   CS/HB 1529, First Engrossed/ntc



  1         (2)  Controlled substances listed in Schedule II as

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

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

  4         782.04  Murder.--

  5         (1)(a)  The unlawful killing of a human being:

  6         1.  When perpetrated from a premeditated design to

  7  effect the death of the person killed or any human being;

  8         2.  When committed by a person engaged in the

  9  perpetration of, or in the attempt to perpetrate, any:

10         a.  Trafficking offense prohibited by s. 893.135(1),

11         b.  Arson,

12         c.  Sexual battery,

13         d.  Robbery,

14         e.  Burglary,

15         f.  Kidnapping,

16         g.  Escape,

17         h.  Aggravated child abuse,

18         i.  Aggravated abuse of an elderly person or disabled

19  adult,

20         j.  Aircraft piracy,

21         k.  Unlawful throwing, placing, or discharging of a

22  destructive device or bomb,

23         l.  Carjacking,

24         m.  Home-invasion robbery,

25         n.  Aggravated stalking,

26         o.  Murder of another human being; or

27         3.  Which resulted from the unlawful distribution of

28  any substance controlled under s. 893.03(1), cocaine as

29  described in s. 893.03(2)(a)4., or opium or any synthetic or

30  natural salt, compound, derivative, or preparation of opium by

31  


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                                   CS/HB 1529, First Engrossed/ntc



  1  a person 18 years of age or older, when such drug is proven to

  2  be the proximate cause of the death of the user,

  3  

  4  is murder in the first degree and constitutes a capital

  5  felony, punishable as provided in s. 775.082.

  6         (4)  The unlawful killing of a human being, when

  7  perpetrated without any design to effect death, by a person

  8  engaged in the perpetration of, or in the attempt to

  9  perpetrate, any felony other than any:

10         (l)  Unlawful distribution of any substance controlled

11  under s. 893.03(1), cocaine as described in s. 893.03(2)(a)4.,

12  or opium or any synthetic or natural salt, compound,

13  derivative, or preparation of opium by a person 18 years of

14  age or older, when such drug is proven to be the proximate

15  cause of the death of the user,

16  

17  is murder in the third degree and constitutes a felony of the

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

19  775.083, or s. 775.084.

20         817.563  Controlled substance named or described in s.

21  893.03; sale of substance in lieu thereof.--It is unlawful for

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

23  unlawfully sell to any person a controlled substance named or

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

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

26  violates this section with respect to:

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

28  893.03(1), (2), (3), or (4) is guilty of a felony of the third

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

30  s. 775.084.

31  


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                                   CS/HB 1529, First Engrossed/ntc



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

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

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

  4         831.31  Counterfeit controlled substance; sale,

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

  6  manufacture, or deliver.--

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

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

  9  manufacture, or deliver, a counterfeit controlled substance.

10  Any person who violates this subsection with respect to:

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

12  893.03(1), (2), (3), or (4) is guilty of a felony of the third

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

14  s. 775.084.

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

16  controlled substance" means:

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

18  893.03 which, or the container or labeling of which, without

19  authorization bears the trademark, trade name, or other

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

21  of a manufacturer other than the person who in fact

22  manufactured the controlled substance; or

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

24  controlled substance named or described in s. 893.03.

25         856.015  Open house parties.--

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

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

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

29         893.02  Definitions.--The following words and phrases

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

31  unless the context otherwise requires:


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                                   CS/HB 1529, First Engrossed/ntc



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

  2  or described in Schedules I-V of s. 893.03.  Laws controlling

  3  the manufacture, distribution, preparation, dispensing, or

  4  administration of such substances are drug abuse laws.

  5         893.0356  Control of new substances; findings of fact;

  6  "controlled substance analog" defined.--

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

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

  9  and potential for abuse, meets the following criteria:

10         1.  Is substantially similar to that of a controlled

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

12  and

13         2.  Has a stimulant, depressant, or hallucinogenic

14  effect on the central nervous system or is represented or

15  intended to have a stimulant, depressant, or hallucinogenic

16  effect on the central nervous system substantially similar to

17  or greater than that of a controlled substance listed in

18  Schedule I or Schedule II of s. 893.03.

19         (5)  A controlled substance analog shall, for purposes

20  of drug abuse prevention and control, be treated as a

21  controlled substance in Schedule I of s. 893.03.

22         893.12  Contraband; seizure, forfeiture, sale.--

23         (2)

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

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

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

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

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

29  which real property is acquired with proceeds obtained as a

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

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


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                                   CS/HB 1529, First Engrossed/ntc



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

  2  Contraband Forfeiture Act except that no property shall be

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

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

  5  established by that owner or lienholder to have been committed

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

  7  lienholder.

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

  9  and other things of value furnished or intended to be

10  furnished by any person in exchange for a controlled substance

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

12  violation of any provision of this chapter, all proceeds

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

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

15  facilitate any violation of any provision of this chapter or

16  which are acquired with proceeds obtained in violation of any

17  provision of this chapter may be seized and forfeited as

18  provided by the Florida Contraband Forfeiture Act, except that

19  no property shall be forfeited under this paragraph to the

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

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

22  have been committed or omitted without the knowledge or

23  consent of that owner or lienholder.

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

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

26  intended for use, or which are acquired with proceeds

27  obtained, in violation of any provision of this chapter

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

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

30  provided by the Florida Contraband Forfeiture Act.

31         893.13  Prohibited acts; penalties.--


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                                   CS/HB 1529, First Engrossed/ntc



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

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

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

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

  5  who violates this provision with respect to:

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

  7  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,

  8  commits a felony of the second degree, punishable as provided

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

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

11  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5.,

12  (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a

13  felony of the third degree, punishable as provided in s.

14  775.082, s. 775.083, or s. 775.084.

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

16  893.03(5) commits a misdemeanor of the first degree,

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

18         (c)  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 1,000 feet of the real

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

23  402.302 or a public or private elementary, middle, or

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

25  person who violates this paragraph with respect to:

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

27  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,

28  commits a felony of the first degree, punishable as provided

29  in s. 775.082, s. 775.083, or s. 775.084. The defendant must

30  be sentenced to a minimum term of imprisonment of 3 calendar

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


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                                   CS/HB 1529, First Engrossed/ntc



  1  the real property comprising a child care facility as defined

  2  in s. 402.302.

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

  4  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5.,

  5  (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a

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

  7  775.082, s. 775.083, or s. 775.084.

  8         3.  Any other controlled substance, except as lawfully

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

10  $500 fine and to serve 100 hours of public service in addition

11  to any other penalty prescribed by law.

12  

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

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

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

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

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

18  conspicuous place where the sign is reasonably visible to the

19  public.

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

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

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

23  controlled substance in, on, or within 200 feet of the real

24  property comprising a public or private college, university,

25  or other postsecondary educational institution, or within 200

26  feet of any public park. Any person who violates this

27  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), (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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                                   CS/HB 1529, First Engrossed/ntc



  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., (3), or (4) commits a

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

  5  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         (e)  Except as authorized by this chapter, it is

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

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

13  controlled substance not authorized by law in, on, or within

14  1,000 feet of a physical place for worship at which a church

15  or religious organization regularly conducts religious

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

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

18  with respect to:

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

20  893.03(1)(a), (1)(b), (1)(d), (2)(a), (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         2.  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., (3), or (4) commits a

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

27  775.082, s. 775.083, or s. 775.084.

28         3.  Any other controlled substance, except as lawfully

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

30  $500 fine and to serve 100 hours of public service in addition

31  to any other penalty prescribed by law.


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                                   CS/HB 1529, First Engrossed/ntc



  1         (f)  Except as authorized by this chapter, it is

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

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

  4  controlled substance in, on, or within 200 feet of the real

  5  property comprising a public housing facility at any time. For

  6  purposes of this section, the term "real property comprising a

  7  public housing facility" means real property, as defined in s.

  8  421.03(12), of a public corporation created as a housing

  9  authority pursuant to part I of chapter 421. Any person who

10  violates this paragraph with respect to:

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

12  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,

13  commits a felony of the first degree, punishable as provided

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

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

16  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5.,

17  (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a

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

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

20         3.  Any other controlled substance, except as lawfully

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

22  $500 fine and to serve 100 hours of public service in addition

23  to any other penalty prescribed by law.

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

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

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

27  person who violates this provision with respect to:

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

29  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,

30  commits a felony of the second degree, punishable as provided

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


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                                   CS/HB 1529, First Engrossed/ntc



  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., (3), or (4) commits a

  4  felony of the third degree, punishable as provided in s.

  5  775.082, s. 775.083, or s. 775.084.

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

  7  893.03(5) commits a misdemeanor of the first degree,

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

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

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

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

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

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

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

15  detection or apprehension for a violation of this chapter. Any

16  person who violates this provision with respect to:

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

18  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,

19  commits a felony of the first degree, punishable as provided

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

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

22  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5.,

23  (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a

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

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

26  

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

28  shall the person so convicted be placed on probation.

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

30  state any controlled substance unless the possession of such

31  controlled substance is authorized by this chapter or unless


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                                   CS/HB 1529, First Engrossed/ntc



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

  2  agency.  Any person who violates this provision with respect

  3  to:

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

  5  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,

  6  commits a felony of the second degree, punishable as provided

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

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

  9  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5.,

10  (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a

11  felony of the third degree, punishable as provided in s.

12  775.082, s. 775.083, or s. 775.084.

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

14         1.  To distribute or dispense a controlled substance in

15  violation of this chapter.

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

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

18  information required under this chapter.

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

20  inspection or to refuse to allow any inspection authorized by

21  this chapter.

22         4.  To distribute a controlled substance named or

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

24  form as required by s. 893.06.

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

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

27  structure or place which is resorted to by persons using

28  controlled substances in violation of this chapter for the

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

30  keeping or selling them in violation of this chapter.

31  


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                                   CS/HB 1529, First Engrossed/ntc



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

  2  reveal, any information obtained in enforcement of this

  3  chapter except in a prosecution or administrative hearing for

  4  a violation of this chapter.

  5         7.  To withhold information from a practitioner from

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

  7  prescription for a controlled substance that the person has

  8  received a controlled substance or a prescription for a

  9  controlled substance of like therapeutic use from another

10  practitioner within the last 30 days.

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

12  completed and signed by the practitioner whose name appears

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

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

15  a supplier of prescription forms who is authorized by that

16  practitioner to possess those forms.

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

18  obtain, possession of a controlled substance by

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

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

21  receptacle containing a controlled substance.

22         11.  To furnish false or fraudulent material

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

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

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

26  chapter.

27         Section 7.  Subsection (1) of section 893.033, Florida

28  Statutes, is amended to read:

29         893.033  Listed chemicals.--The chemicals listed in

30  this section are included by whatever official, common, usual,

31  chemical, or trade name designated.


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                                   CS/HB 1529, First Engrossed/ntc



  1         (1)  PRECURSOR CHEMICALS.--The term "listed precursor

  2  chemical" means a chemical that may be used in manufacturing a

  3  controlled substance in violation of this chapter and is

  4  critical to the creation of the controlled substance, and such

  5  term includes any salt, optical isomer, or salt of an optical

  6  isomer, whenever the existence of such salt, optical isomer,

  7  or salt of optical isomer is possible within the specific

  8  chemical designation.  The following are "listed precursor

  9  chemicals":

10         (a)  Anthranilic acid.

11         (b)  Benzyl chloride.

12         (c)  Benzyl cyanide.

13         (d)  Chloroephedrine.

14         (e)  Chloropseudoephedrine.

15         (f)(d)  Ephedrine.

16         (g)(e)  Ergonovine.

17         (h)(f)  Ergotamine.

18         (i)(g)  Ethylamine.

19         (j)(h)  Isosafrole.

20         (k)(i)  Methylamine.

21         (l)(j)  3, 4-Methylenedioxyphenyl-2-propanone.

22         (m)(k)  N-acetylanthranilic acid.

23         (n)(l)  N-ethylephedrine.

24         (o)(m)  N-ethylpseudoephedrine.

25         (p)(n)  N-methylephedrine.

26         (q)(o)  N-methylpseudoephedrine.

27         (r)(p)  Norpseudoephedrine.

28         (s)(q)  Phenylacetic acid.

29         (t)(r)  Phenylpropanolamine.

30         (u)(s)  Piperidine.

31         (v)(t)  Piperonal.


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                                   CS/HB 1529, First Engrossed/ntc



  1         (w)(u)  Propionic anhydride.

  2         (x)(v)  Pseudoephedrine.

  3         (y)(w)  Safrole.

  4         Section 8.  Paragraph (h) of subsection (1) of section

  5  893.135, Florida Statutes, is amended, present paragraphs (i)

  6  and (j) of said subsection are redesignated as paragraphs (j)

  7  and (k), respectively, and amended, and new paragraphs (i) and

  8  (l) are added to said subsection, to read:

  9         893.135  Trafficking; mandatory sentences; suspension

10  or reduction of sentences; conspiracy to engage in

11  trafficking.--

12         (1)  Except as authorized in this chapter or in chapter

13  499 and notwithstanding the provisions of s. 893.13:

14         (h)1.  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, 1 kilogram

17  or more of gamma-hydroxybutyric acid (GHB), as described in s.

18  893.03(1)(d)(2)(b), or any mixture containing

19  gamma-hydroxybutyric acid (GHB), commits a felony of the first

20  degree, which felony shall be known as "trafficking in

21  gamma-hydroxybutyric acid (GHB)," punishable as provided in s.

22  775.082, s. 775.083, or s. 775.084. If the quantity involved:

23         a.  Is 1 kilogram or more but less than 5 kilograms,

24  such person shall be sentenced to a mandatory minimum term of

25  imprisonment of 3 years, and the defendant shall be ordered to

26  pay a fine of $50,000.

27         b.  Is 5 kilograms or more but less than 10 kilograms,

28  such person shall be sentenced to a mandatory minimum term of

29  imprisonment of 7 years, and the defendant shall be ordered to

30  pay a fine of $100,000.

31  


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                                   CS/HB 1529, First Engrossed/ntc



  1         c.  Is 10 kilograms or more, such person shall be

  2  sentenced to a mandatory minimum term of imprisonment of 15

  3  calendar years and pay a fine of $250,000.

  4         2.  Any person who knowingly manufactures or brings

  5  into this state 150 kilograms or more of gamma-hydroxybutyric

  6  acid (GHB), as described in s. 893.03(1)(d)(2)(b), or any

  7  mixture containing gamma-hydroxybutyric acid (GHB), and who

  8  knows that the probable result of such manufacture or

  9  importation would be the death of any person commits capital

10  manufacture or importation of gamma-hydroxybutyric acid (GHB),

11  a capital felony punishable as provided in ss. 775.082 and

12  921.142. Any person sentenced for a capital felony under this

13  paragraph shall also be sentenced to pay the maximum fine

14  provided under subparagraph 1.

15         (i)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, 1 kilogram

18  or more of gamma-butyrolactone (GBL), as described in s.

19  893.03(1)(d), or any mixture containing gamma-butyrolactone

20  (GBL), commits a felony of the first degree, which felony

21  shall be known as "trafficking in gamma-butyrolactone (GBL),"

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

23  775.084. If the quantity involved:

24         a.  Is 1 kilogram or more but less than 5 kilograms,

25  such person shall be sentenced to a mandatory minimum term of

26  imprisonment of 3 years, and the defendant shall be ordered to

27  pay a fine of $50,000.

28         b.  Is 5 kilograms or more but less than 10 kilograms,

29  such person shall be sentenced to a mandatory minimum term of

30  imprisonment of 7 years, and the defendant shall be ordered to

31  pay a fine of $100,000.


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                                   CS/HB 1529, First Engrossed/ntc



  1         c.  Is 10 kilograms or more, such person shall be

  2  sentenced to a mandatory mimimum term of imprisonment of 15

  3  calendar years and pay a fine of $250,000.

  4         2.  Any person who knowingly manufactures or brings

  5  into the state 150 kilograms or more of gamma-butyrolactone

  6  (GBL), as described in s. 893.03(1)(d), or any mixture

  7  containing gamma-butyrolactone (GBL), and who knows that the

  8  probable result of such manufacture or importation would be

  9  the death of any person commits capital manufacture or

10  importation of gamma-butyrolactone (GBL), a capital felony

11  punishable as provided in ss. 775.082 and 921.142. Any person

12  sentenced for a capital felony under this paragraph shall also

13  be sentenced to pay the maximum fine provided under

14  subparagraph 1.

15         (j)(i)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, 1 kilogram

18  or more of 1,4-Butanediol as described in s.

19  893.03(1)(d)(2)(b), or of any mixture containing

20  1,4-Butanediol, commits a felony of the first degree, which

21  felony shall be known as "trafficking in 1,4-Butanediol,"

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

23  775.084. If the quantity involved:

24         a.  Is 1 kilogram or more, but less than 5 kilograms,

25  such person shall be sentenced to a mandatory minimum term of

26  imprisonment of 3 years, and the defendant shall be ordered to

27  pay a fine of $50,000.

28         b.  Is 5 kilograms or more, but less than 10 kilograms,

29  such person shall be sentenced to a mandatory minimum term of

30  imprisonment of 7 years, and the defendant shall be ordered to

31  pay a fine of $100,000.


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                                   CS/HB 1529, First Engrossed/ntc



  1         c.  Is 10 kilograms or more, such person shall be

  2  sentenced to a mandatory minimum term of imprisonment of 15

  3  calendar years and pay a fine of $500,000.

  4         2.  Any person who knowingly manufactures or brings

  5  into this state 150 kilograms or more of 1,4-Butanediol as

  6  described in s. 893.03(1)(d)(2)(b), or any mixture containing

  7  1,4-Butanediol, and who knows that the probable result of such

  8  manufacture or importation would be the death of any person

  9  commits capital manufacture or importation of 1,4-Butanediol,

10  a capital felony punishable as provided in ss. 775.082 and

11  921.142. Any person sentenced for a capital felony under this

12  paragraph shall also be sentenced to pay the maximum fine

13  provided under subparagraph 1.

14         (k)(j)1.  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, 10 grams or

17  more of any of the following substances described in s.

18  893.03(1)(a) or (c):

19         a.  3,4-Methylenedioxymethamphetamine (MDMA);

20         b.  4-Bromo-2,5-dimethoxyamphetamine;

21         c.  4-Bromo-2,5-dimethoxyphenethylamine;

22         d.  2,5-Dimethoxyamphetamine;

23         e.  2,5-Dimethoxy-4-ethylamphetamine (DOET);

24         f.  N-ethylamphetamine;

25         g.  N-Hydroxy-3,4-methylenedioxyamphetamine;

26         h.  5-Methoxy-3,4-methylenedioxyamphetamine;

27         i.  4-methoxyamphetamine;

28         j.  4-methoxymethamphetamine;

29         k.j.  4-Methyl-2,5-dimethoxyamphetamine;

30         l.k.  3,4-Methylenedioxy-N-ethylamphetamine;

31         m.l.  3,4-Methylenedioxyamphetamine;


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                                   CS/HB 1529, First Engrossed/ntc



  1         n.m.  N,N-dimethylamphetamine; or

  2         o.n.  3,4,5-Trimethoxyamphetamine,

  3  

  4  individually or in any combination of or any mixture

  5  containing any substance listed in sub-subparagraphs a.-o.

  6  a.-n., commits a felony of the first degree, which felony

  7  shall be known as "trafficking in Phenethylamines," punishable

  8  as provided in s. 775.082, s. 775.083, or s. 775.084.

  9         2.  If the quantity involved:

10         a.  Is 10 grams or more but less than 200 grams, such

11  person shall be sentenced to a mandatory minimum term of

12  imprisonment of 3 years, and the defendant shall be ordered to

13  pay a fine of $50,000.

14         b.  Is 200 grams or more, but less than 400 grams, such

15  person shall be sentenced to a mandatory minimum term of

16  imprisonment of 7 years, and the defendant shall be ordered to

17  pay a fine of $100,000.

18         c.  Is 400 grams or more, such person shall be

19  sentenced to a mandatory minimum term of imprisonment of 15

20  calendar years and pay a fine of $250,000.

21         3.  Any person who knowingly manufactures or brings

22  into this state 30 kilograms or more of any of the following

23  substances described in s. 893.03(1)(a) or (c):

24         a.  3,4-Methylenedioxymethamphetamine (MDMA);

25         b.  4-Bromo-2,5-dimethoxyamphetamine;

26         c.  4-Bromo-2,5-dimethoxyphenethylamine;

27         d.  2,5-Dimethoxyamphetamine;

28         e.  2,5-Dimethoxy-4-ethylamphetamine (DOET);

29         f.  N-ethylamphetamine;

30         g.  N-Hydroxy-3,4-methylenedioxyamphetamine;

31         h.  5-Methoxy-3,4-methylenedioxyamphetamine;


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                                   CS/HB 1529, First Engrossed/ntc



  1         i.  4-methoxyamphetamine;

  2         j.  4-methoxymethamphetamine;

  3         k.j.  4-Methyl-2,5-dimethoxyamphetamine;

  4         l.k.  3,4-Methylenedioxy-N-ethylamphetamine;

  5         m.l.  3,4-Methylenedioxyamphetamine;

  6         n.m.  N,N-dimethylamphetamine; or

  7         o.n.  3,4,5-Trimethoxyamphetamine,

  8  

  9  individually or in any combination of or any mixture

10  containing any substance listed in sub-subparagraphs a.-o.

11  a.-n., and who knows that the probable result of such

12  manufacture or importation would be the death of any person

13  commits capital manufacture or importation of Phenethylamines,

14  a 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         (l)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, 1 gram or

21  more of lysergic acid diethylamide (LSD) as described in s.

22  893.03(1)(c), or of any mixture containing lysergic acid

23  diethylamide (LSD), commits a felony of the first degree,

24  which felony shall be known as "trafficking in lysergic acid

25  diethylamide (LSD)," punishable as provided in s. 775.082, s.

26  775.083, or s. 775.084. If the quantity involved:

27         a.  Is 1 gram or more, but less than 5 grams, such

28  person shall be sentenced to a mandatory minimum term of

29  imprisonment of 3 years, and the defendant shall be ordered to

30  pay a fine of $50,000.

31  


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                                   CS/HB 1529, First Engrossed/ntc



  1         b.  Is 5 grams or more, but less than 7 grams, such

  2  person shall be sentenced to a mandatory minimum term of

  3  imprisonment of 7 years, and the defendant shall be ordered to

  4  pay a fine of $100,000.

  5         c.  Is 7 grams or more, such person shall be sentenced

  6  to a mandatory minimum term of imprisonment of 15 calendar

  7  years and pay a fine of $500,000.

  8         2.  Any person who knowingly manufactures or brings

  9  into this state 7 grams or more of lysergic acid diethylamide

10  (LSD) as described in s. 893.03(1)(c), or any mixture

11  containing lysergic acid diethylamide (LSD), and who knows

12  that the probable result of such manufacture or importation

13  would be the death of any person commits capital manufacture

14  or importation of lysergic acid diethylamide (LSD), a capital

15  felony punishable as provided in ss. 775.082 and 921.142. Any

16  person sentenced for a capital felony under this paragraph

17  shall also be sentenced to pay the maximum fine provided under

18  subparagraph 1.

19         Section 9.  For the purpose of incorporating the

20  amendment to section 893.135, Florida Statutes, in references

21  thereto, the sections or subdivisions of Florida Statutes set

22  forth below are reenacted to read:

23         397.451  Background checks of service provider

24  personnel who have direct contact with unmarried minor clients

25  or clients who are developmentally disabled.--

26         (7)  DISQUALIFICATION FROM RECEIVING STATE

27  FUNDS.--State funds may not be disseminated to any service

28  provider owned or operated by an owner or director who has

29  been convicted of, has entered a plea of guilty or nolo

30  contendere to, or has had adjudication withheld for, a

31  violation of s. 893.135 pertaining to trafficking in


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                                   CS/HB 1529, First Engrossed/ntc



  1  controlled substances, or a violation of the law of another

  2  state, the District of Columbia, the United States or any

  3  possession or territory thereof, or any foreign jurisdiction

  4  which is substantially similar in elements and penalties to a

  5  trafficking offense in this state, unless the owner's or

  6  director's civil rights have been restored.

  7         414.095  Determining eligibility for temporary cash

  8  assistance.--

  9         (1)  ELIGIBILITY.--An applicant must meet eligibility

10  requirements of this section before receiving services or

11  temporary cash assistance under this chapter, except that an

12  applicant shall be required to register for work and engage in

13  work activities in accordance with s. 445.024, as designated

14  by the regional workforce board, and may receive support

15  services or child care assistance in conjunction with such

16  requirement. The department shall make a determination of

17  eligibility based on the criteria listed in this chapter. The

18  department shall monitor continued eligibility for temporary

19  cash assistance through periodic reviews consistent with the

20  food stamp eligibility process. Benefits shall not be denied

21  to an individual solely based on a felony drug conviction,

22  unless the conviction is for trafficking pursuant to s.

23  893.135. To be eligible under this section, an individual

24  convicted of a drug felony must be satisfactorily meeting the

25  requirements of the temporary cash assistance program,

26  including all substance abuse treatment requirements. Within

27  the limits specified in this chapter, the state opts out of

28  the provision of Pub. L. No. 104-193, s. 115, that eliminates

29  eligibility for temporary cash assistance and food stamps for

30  any individual convicted of a controlled substance felony.

31         772.12  Drug Dealer Liability Act.--


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                                   CS/HB 1529, First Engrossed/ntc



  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         775.087  Possession or use of weapon; aggravated

13  battery; felony reclassification; minimum sentence.--

14         (2)(a)1.  Any person who is convicted of a felony or an

15  attempt to commit a felony, regardless of whether the use of a

16  weapon is an element of the felony, and the conviction was

17  for:

18         a.  Murder;

19         b.  Sexual battery;

20         c.  Robbery;

21         d.  Burglary;

22         e.  Arson;

23         f.  Aggravated assault;

24         g.  Aggravated battery;

25         h.  Kidnapping;

26         i.  Escape;

27         j.  Aircraft piracy;

28         k.  Aggravated child abuse;

29         l.  Aggravated abuse of an elderly person or disabled

30  adult;

31  


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                                   CS/HB 1529, First Engrossed/ntc



  1         m.  Unlawful throwing, placing, or discharging of a

  2  destructive device or bomb;

  3         n.  Carjacking;

  4         o.  Home-invasion robbery;

  5         p.  Aggravated stalking;

  6         q.  Trafficking in cannabis, trafficking in cocaine,

  7  capital importation of cocaine, trafficking in illegal drugs,

  8  capital importation of illegal drugs, trafficking in

  9  phencyclidine, capital importation of phencyclidine,

10  trafficking in methaqualone, capital importation of

11  methaqualone, trafficking in amphetamine, capital importation

12  of amphetamine, trafficking in flunitrazepam, trafficking in

13  gamma-hydroxybutyric acid (GHB), trafficking in

14  1,4-Butanediol, trafficking in Phenethylamines, or other

15  violation of s. 893.135(1); or

16         r.  Possession of a firearm by a felon

17  

18  and during the commission of the offense, such person actually

19  possessed a "firearm" or "destructive device" as those terms

20  are defined in s. 790.001, shall be sentenced to a minimum

21  term of imprisonment of 10 years, except that a person who is

22  convicted for aggravated assault, possession of a firearm by a

23  felon, or burglary of a conveyance shall be sentenced to a

24  minimum term of imprisonment of 3 years if such person

25  possessed a "firearm" or "destructive device" during the

26  commission of the offense.

27         2.  Any person who is convicted of a felony or an

28  attempt to commit a felony listed in sub-subparagraphs

29  (a)1.a.-q., regardless of whether the use of a weapon is an

30  element of the felony, and during the course of the commission

31  of the felony such person discharged a "firearm" or


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                                   CS/HB 1529, First Engrossed/ntc



  1  "destructive device" as defined in s. 790.001 shall be

  2  sentenced to a minimum term of imprisonment of 20 years.

  3         3.  Any person who is convicted of a felony or an

  4  attempt to commit a felony listed in sub-subparagraphs

  5  (a)1.a.-q., regardless of whether the use of a weapon is an

  6  element of the felony, and during the course of the commission

  7  of the felony such person discharged a "firearm" or

  8  "destructive device" as defined in s. 790.001 and, as the

  9  result of the discharge, death or great bodily harm was

10  inflicted upon any person, the convicted person shall be

11  sentenced to a minimum term of imprisonment of not less than

12  25 years and not more than a term of imprisonment of life in

13  prison.

14         (b)  Subparagraph (a)1., subparagraph (a)2., or

15  subparagraph (a)3. does not prevent a court from imposing a

16  longer sentence of incarceration as authorized by law in

17  addition to the minimum mandatory sentence, or from imposing a

18  sentence of death pursuant to other applicable law.

19  Subparagraph (a)1., subparagraph (a)2., or subparagraph (a)3.

20  does not authorize a court to impose a lesser sentence than

21  otherwise required by law.

22  

23  Notwithstanding s. 948.01, adjudication of guilt or imposition

24  of sentence shall not be suspended, deferred, or withheld, and

25  the defendant is not eligible for statutory gain-time under s.

26  944.275 or any form of discretionary early release, other than

27  pardon or executive clemency, or conditional medical release

28  under s. 947.149, prior to serving the minimum sentence.

29         (c)  If the minimum mandatory terms of imprisonment

30  imposed pursuant to this section exceed the maximum sentences

31  authorized by s. 775.082, s. 775.084, or the Criminal


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                                   CS/HB 1529, First Engrossed/ntc



  1  Punishment Code under chapter 921, then the mandatory minimum

  2  sentence must be imposed. If the mandatory minimum terms of

  3  imprisonment pursuant to this section are less than the

  4  sentences that could be imposed as authorized by s. 775.082,

  5  s. 775.084, or the Criminal Punishment Code under chapter 921,

  6  then the sentence imposed by the court must include the

  7  mandatory minimum term of imprisonment as required in this

  8  section.

  9         (d)  It is the intent of the Legislature that offenders

10  who actually possess, carry, display, use, threaten to use, or

11  attempt to use firearms or destructive devices be punished to

12  the fullest extent of the law, and the minimum terms of

13  imprisonment imposed pursuant to this subsection shall be

14  imposed for each qualifying felony count for which the person

15  is convicted. The court shall impose any term of imprisonment

16  provided for in this subsection consecutively to any other

17  term of imprisonment imposed for any other felony offense.

18         (3)(a)1.  Any person who is convicted of a felony or an

19  attempt to commit a felony, regardless of whether the use of a

20  firearm is an element of the felony, and the conviction was

21  for:

22         a.  Murder;

23         b.  Sexual battery;

24         c.  Robbery;

25         d.  Burglary;

26         e.  Arson;

27         f.  Aggravated assault;

28         g.  Aggravated battery;

29         h.  Kidnapping;

30         i.  Escape;

31  


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                                   CS/HB 1529, First Engrossed/ntc



  1         j.  Sale, manufacture, delivery, or intent to sell,

  2  manufacture, or deliver any controlled substance;

  3         k.  Aircraft piracy;

  4         l.  Aggravated child abuse;

  5         m.  Aggravated abuse of an elderly person or disabled

  6  adult;

  7         n.  Unlawful throwing, placing, or discharging of a

  8  destructive device or bomb;

  9         o.  Carjacking;

10         p.  Home-invasion robbery;

11         q.  Aggravated stalking; or

12         r.  Trafficking in cannabis, trafficking in cocaine,

13  capital importation of cocaine, trafficking in illegal drugs,

14  capital importation of illegal drugs, trafficking in

15  phencyclidine, capital importation of phencyclidine,

16  trafficking in methaqualone, capital importation of

17  methaqualone, trafficking in amphetamine, capital importation

18  of amphetamine, trafficking in flunitrazepam, trafficking in

19  gamma-hydroxybutyric acid (GHB), trafficking in

20  1,4-Butanediol, trafficking in Phenethylamines, or other

21  violation of s. 893.135(1);

22  

23  and during the commission of the offense, such person

24  possessed a semiautomatic firearm and its high-capacity

25  detachable box magazine or a machine gun as defined in s.

26  790.001, shall be sentenced to a minimum term of imprisonment

27  of 15 years.

28         2.  Any person who is convicted of a felony or an

29  attempt to commit a felony listed in subparagraph (a)1.,

30  regardless of whether the use of a weapon is an element of the

31  felony, and during the course of the commission of the felony


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                                   CS/HB 1529, First Engrossed/ntc



  1  such person discharged a semiautomatic firearm and its

  2  high-capacity box magazine or a "machine gun" as defined in s.

  3  790.001 shall be sentenced to a minimum term of imprisonment

  4  of 20 years.

  5         3.  Any person who is convicted of a felony or an

  6  attempt to commit a felony listed in subparagraph (a)1.,

  7  regardless of whether the use of a weapon is an element of the

  8  felony, and during the course of the commission of the felony

  9  such person discharged a semiautomatic firearm and its

10  high-capacity box magazine or a "machine gun" as defined in s.

11  790.001 and, as the result of the discharge, death or great

12  bodily harm was inflicted upon any person, the convicted

13  person shall be sentenced to a minimum term of imprisonment of

14  not less than 25 years and not more than a term of

15  imprisonment of life in prison.

16         (b)  Subparagraph (a)1., subparagraph (a)2., or

17  subparagraph (a)3. does not prevent a court from imposing a

18  longer sentence of incarceration as authorized by law in

19  addition to the minimum mandatory sentence, or from imposing a

20  sentence of death pursuant to other applicable law.

21  Subparagraph (a)1., subparagraph (a)2., or subparagraph (a)3.

22  does not authorize a court to impose a lesser sentence than

23  otherwise required by law.

24  

25  Notwithstanding s. 948.01, adjudication of guilt or imposition

26  of sentence shall not be suspended, deferred, or withheld, and

27  the defendant is not eligible for statutory gain-time under s.

28  944.275 or any form of discretionary early release, other than

29  pardon or executive clemency, or conditional medical release

30  under s. 947.149, prior to serving the minimum sentence.

31  


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                                   CS/HB 1529, First Engrossed/ntc



  1         (c)  If the minimum mandatory terms of imprisonment

  2  imposed pursuant to this section exceed the maximum sentences

  3  authorized by s. 775.082, s. 775.084, or the Criminal

  4  Punishment Code under chapter 921, then the mandatory minimum

  5  sentence must be imposed. If the mandatory minimum terms of

  6  imprisonment pursuant to this section are less than the

  7  sentences that could be imposed as authorized by s. 775.082,

  8  s. 775.084, or the Criminal Punishment Code under chapter 921,

  9  then the sentence imposed by the court must include the

10  mandatory minimum term of imprisonment as required in this

11  section.

12         (d)  It is the intent of the Legislature that offenders

13  who possess, carry, display, use, threaten to use, or attempt

14  to use a semiautomatic firearm and its high-capacity

15  detachable box magazine or a machine gun as defined in s.

16  790.001 be punished to the fullest extent of the law, and the

17  minimum terms of imprisonment imposed pursuant to this

18  subsection shall be imposed for each qualifying felony count

19  for which the person is convicted. The court shall impose any

20  term of imprisonment provided for in this subsection

21  consecutively to any other term of imprisonment imposed for

22  any other felony offense.

23         (e)  As used in this subsection, the term:

24         1.  "High-capacity detachable box magazine" means any

25  detachable box magazine, for use in a semiautomatic firearm,

26  which is capable of being loaded with more than 20 centerfire

27  cartridges.

28         2.  "Semiautomatic firearm" means a firearm which is

29  capable of firing a series of rounds by separate successive

30  depressions of the trigger and which uses the energy of

31  discharge to perform a portion of the operating cycle.


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                                   CS/HB 1529, First Engrossed/ntc



  1         782.04  Murder.--

  2         (1)(a)  The unlawful killing of a human being:

  3         1.  When perpetrated from a premeditated design to

  4  effect the death of the person killed or any human being;

  5         2.  When committed by a person engaged in the

  6  perpetration of, or in the attempt to perpetrate, any:

  7         a.  Trafficking offense prohibited by s. 893.135(1),

  8         b.  Arson,

  9         c.  Sexual battery,

10         d.  Robbery,

11         e.  Burglary,

12         f.  Kidnapping,

13         g.  Escape,

14         h.  Aggravated child abuse,

15         i.  Aggravated abuse of an elderly person or disabled

16  adult,

17         j.  Aircraft piracy,

18         k.  Unlawful throwing, placing, or discharging of a

19  destructive device or bomb,

20         l.  Carjacking,

21         m.  Home-invasion robbery,

22         n.  Aggravated stalking,

23         o.  Murder of another human being; or

24         3.  Which resulted from the unlawful distribution of

25  any substance controlled under s. 893.03(1), cocaine as

26  described in s. 893.03(2)(a)4., or opium or any synthetic or

27  natural salt, compound, derivative, or preparation of opium by

28  a person 18 years of age or older, when such drug is proven to

29  be the proximate cause of the death of the user,

30  

31  


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                                   CS/HB 1529, First Engrossed/ntc



  1  is murder in the first degree and constitutes a capital

  2  felony, punishable as provided in s. 775.082.

  3         (3)  When a person is killed in the perpetration of, or

  4  in the attempt to perpetrate, any:

  5         (a)  Trafficking offense prohibited by s. 893.135(1),

  6  

  7  by a person other than the person engaged in the perpetration

  8  of or in the attempt to perpetrate such felony, the person

  9  perpetrating or attempting to perpetrate such felony is guilty

10  of murder in the second degree, which constitutes a felony of

11  the first degree, punishable by imprisonment for a term of

12  years not exceeding life or as provided in s. 775.082, s.

13  775.083, or s. 775.084.

14         (4)  The unlawful killing of a human being, when

15  perpetrated without any design to effect death, by a person

16  engaged in the perpetration of, or in the attempt to

17  perpetrate, any felony other than any:

18         (a)  Trafficking offense prohibited by s. 893.135(1),

19  

20  is murder in the third degree and constitutes a felony of the

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

22  775.083, or s. 775.084.

23         893.1351  Lease or rent for the purpose of trafficking

24  in a controlled substance.--

25         (1)  A person may not lease or rent any place,

26  structure, or part thereof, trailer, or other conveyance, with

27  the knowledge that such place, structure, trailer, or

28  conveyance will be used for the purpose of trafficking in a

29  controlled substance, as provided in s. 893.135, or the sale

30  of a controlled substance, as provided in s. 893.13.

31  


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                                   CS/HB 1529, First Engrossed/ntc



  1         903.133  Bail on appeal; prohibited for certain felony

  2  convictions.--Notwithstanding the provisions of s. 903.132, no

  3  person adjudged guilty of a felony of the first degree for a

  4  violation of s. 782.04(2) or (3), s. 787.01, s. 794.011(4), s.

  5  806.01, s. 893.13, or s. 893.135, or adjudged guilty of a

  6  violation of s. 794.011(2) or (3), shall be admitted to bail

  7  pending review either by posttrial motion or appeal.

  8         907.041  Pretrial detention and release.--

  9         (4)  PRETRIAL DETENTION.--

10         (c)  The court may order pretrial detention if it finds

11  a substantial probability, based on a defendant's past and

12  present patterns of behavior, the criteria in s. 903.046, and

13  any other relevant facts, that any of the following

14  circumstances exists:

15         1.  The defendant has previously violated conditions of

16  release and that no further conditions of release are

17  reasonably likely to assure the defendant's appearance at

18  subsequent proceedings;

19         2.  The defendant, with the intent to obstruct the

20  judicial process, has threatened, intimidated, or injured any

21  victim, potential witness, juror, or judicial officer, or has

22  attempted or conspired to do so, and that no condition of

23  release will reasonably prevent the obstruction of the

24  judicial process;

25         3.  The defendant is charged with trafficking in

26  controlled substances as defined by s. 893.135, that there is

27  a substantial probability that the defendant has committed the

28  offense, and that no conditions of release will reasonably

29  assure the defendant's appearance at subsequent criminal

30  proceedings; or

31  


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                                   CS/HB 1529, First Engrossed/ntc



  1         4.  The defendant is charged with DUI manslaughter, as

  2  defined by s. 316.193, and that there is a substantial

  3  probability that the defendant committed the crime and that

  4  the defendant poses a threat of harm to the community;

  5  conditions that would support a finding by the court pursuant

  6  to this subparagraph that the defendant poses a threat of harm

  7  to the community include, but are not limited to, any of the

  8  following:

  9         a.  The defendant has previously been convicted of any

10  crime under s. 316.193, or of any crime in any other state or

11  territory of the United States that is substantially similar

12  to any crime under s. 316.193;

13         b.  The defendant was driving with a suspended driver's

14  license when the charged crime was committed; or

15         c.  The defendant has previously been found guilty of,

16  or has had adjudication of guilt withheld for, driving while

17  the defendant's driver's license was suspended or revoked in

18  violation of s. 322.34;

19         5.  The defendant poses the threat of harm to the

20  community.  The court may so conclude, if it finds that the

21  defendant is presently charged with a dangerous crime, that

22  there is a substantial probability that the defendant

23  committed such crime, that the factual circumstances of the

24  crime indicate a disregard for the safety of the community,

25  and that there are no conditions of release reasonably

26  sufficient to protect the community from the risk of physical

27  harm to persons.

28         6.  The defendant was on probation, parole, or other

29  release pending completion of sentence or on pretrial release

30  for a dangerous crime at the time the current offense was

31  committed; or


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                                   CS/HB 1529, First Engrossed/ntc



  1         7.  The defendant has violated one or more conditions

  2  of pretrial release or bond for the offense currently before

  3  the court and the violation, in the discretion of the court,

  4  supports a finding that no conditions of release can

  5  reasonably protect the community from risk of physical harm to

  6  persons or assure the presence of the accused at trial.

  7         921.0024  Criminal Punishment Code; worksheet

  8  computations; scoresheets.--

  9         (1)

10                       (b)  WORKSHEET KEY:

11  

12  Legal status points are assessed when any form of legal status

13  existed at the time the offender committed an offense before

14  the court for sentencing. Four (4) sentence points are

15  assessed for an offender's legal status.

16  

17  Community sanction violation points are assessed when a

18  community sanction violation is before the court for

19  sentencing.  Six (6) sentence points are assessed for each

20  community sanction violation, and each successive community

21  sanction violation; however, if the community sanction

22  violation includes a new felony conviction before the

23  sentencing court, twelve (12) community sanction violation

24  points are assessed for such violation, and for each

25  successive community sanction violation involving a new felony

26  conviction. Multiple counts of community sanction violations

27  before the sentencing court shall not be a basis for

28  multiplying the assessment of community sanction violation

29  points.

30  

31  


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                                   CS/HB 1529, First Engrossed/ntc



  1  Prior serious felony points: If the offender has a primary

  2  offense or any additional offense ranked in level 8, level 9,

  3  or level 10, and one or more prior serious felonies, a single

  4  assessment of 30 points shall be added. For purposes of this

  5  section, a prior serious felony is an offense in the

  6  offender's prior record that is ranked in level 8, level 9, or

  7  level 10 under s. 921.0022 or s. 921.0023 and for which the

  8  offender is serving a sentence of confinement, supervision, or

  9  other sanction or for which the offender's date of release

10  from confinement, supervision, or other sanction, whichever is

11  later, is within 3 years before the date the primary offense

12  or any additional offense was committed.

13  

14  Prior capital felony points:  If the offender has one or more

15  prior capital felonies in the offender's criminal record,

16  points shall be added to the subtotal sentence points of the

17  offender equal to twice the number of points the offender

18  receives for the primary offense and any additional offense.

19  A prior capital felony in the offender's criminal record is a

20  previous capital felony offense for which the offender has

21  entered a plea of nolo contendere or guilty or has been found

22  guilty; or a felony in another jurisdiction which is a capital

23  felony in that jurisdiction, or would be a capital felony if

24  the offense were committed in this state.

25  

26  Possession of a firearm, semiautomatic firearm, or machine

27  gun:  If the offender is convicted of committing or attempting

28  to commit any felony other than those enumerated in s.

29  775.087(2) while having in his or her possession: a firearm as

30  defined in s. 790.001(6), an additional 18 sentence points are

31  assessed; or if the offender is convicted of committing or


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                                   CS/HB 1529, First Engrossed/ntc



  1  attempting to commit any felony other than those enumerated in

  2  s. 775.087(3) while having in his or her possession a

  3  semiautomatic firearm as defined in s. 775.087(3) or a machine

  4  gun as defined in s. 790.001(9), an additional 25 sentence

  5  points are assessed.

  6  

  7  Sentencing multipliers:

  8  

  9  Drug trafficking:  If the primary offense is drug trafficking

10  under s. 893.135, the subtotal sentence points are multiplied,

11  at the discretion of the court, for a level 7 or level 8

12  offense, by 1.5.  The state attorney may move the sentencing

13  court to reduce or suspend the sentence of a person convicted

14  of a level 7 or level 8 offense, if the offender provides

15  substantial assistance as described in s. 893.135(4).

16  

17  Law enforcement protection:  If the primary offense is a

18  violation of the Law Enforcement Protection Act under s.

19  775.0823(2), the subtotal sentence points are multiplied by

20  2.5.  If the primary offense is a violation of s. 775.0823(3),

21  (4), (5), (6), (7), or (8), the subtotal sentence points are

22  multiplied by 2.0. If the primary offense is a violation of s.

23  784.07(3) or s. 775.0875(1), or of the Law Enforcement

24  Protection Act under s. 775.0823(9) or (10), the subtotal

25  sentence points are multiplied by 1.5.

26  

27  Grand theft of a motor vehicle:  If the primary offense is

28  grand theft of the third degree involving a motor vehicle and

29  in the offender's prior record, there are three or more grand

30  thefts of the third degree involving a motor vehicle, the

31  subtotal sentence points are multiplied by 1.5.


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                                   CS/HB 1529, First Engrossed/ntc



  1  

  2  Criminal street gang member:  If the offender is convicted of

  3  the primary offense and is found to have been a member of a

  4  criminal street gang at the time of the commission of the

  5  primary offense pursuant to s. 874.04, the subtotal sentence

  6  points are multiplied by 1.5.

  7  

  8  Domestic violence in the presence of a child:  If the offender

  9  is convicted of the primary offense and the primary offense is

10  a crime of domestic violence, as defined in s. 741.28, which

11  was committed in the presence of a child under 16 years of age

12  who is a family household member as defined in s. 741.28(2)

13  with the victim or perpetrator, the subtotal sentence points

14  are multiplied by 1.5.

15         921.141  Sentence of death or life imprisonment for

16  capital felonies; further proceedings to determine sentence.--

17         (8)  APPLICABILITY.--This section does not apply to a

18  person convicted or adjudicated guilty of a capital drug

19  trafficking felony under s. 893.135.

20         921.142  Sentence of death or life imprisonment for

21  capital drug trafficking felonies; further proceedings to

22  determine sentence.--

23         (2)  SEPARATE PROCEEDINGS ON ISSUE OF PENALTY.--Upon

24  conviction or adjudication of guilt of a defendant of a

25  capital felony under s. 893.135, the court shall conduct a

26  separate sentencing proceeding to determine whether the

27  defendant should be sentenced to death or life imprisonment as

28  authorized by s. 775.082.  The proceeding shall be conducted

29  by the trial judge before the trial jury as soon as

30  practicable.  If, through impossibility or inability, the

31  trial jury is unable to reconvene for a hearing on the issue


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                                   CS/HB 1529, First Engrossed/ntc



  1  of penalty, having determined the guilt of the accused, the

  2  trial judge may summon a special juror or jurors as provided

  3  in chapter 913 to determine the issue of the imposition of the

  4  penalty.  If the trial jury has been waived, or if the

  5  defendant pleaded guilty, the sentencing proceeding shall be

  6  conducted before a jury impaneled for that purpose, unless

  7  waived by the defendant.  In the proceeding, evidence may be

  8  presented as to any matter that the court deems relevant to

  9  the nature of the crime and the character of the defendant and

10  shall include matters relating to any of the aggravating or

11  mitigating circumstances enumerated in subsections (6) and

12  (7).  Any such evidence which the court deems to have

13  probative value may be received, regardless of its

14  admissibility under the exclusionary rules of evidence,

15  provided the defendant is accorded a fair opportunity to rebut

16  any hearsay statements.  However, this subsection shall not be

17  construed to authorize the introduction of any evidence

18  secured in violation of the Constitution of the United States

19  or the Constitution of the State of Florida. The state and the

20  defendant or the defendant's counsel shall be permitted to

21  present argument for or against sentence of death.

22         943.0585  Court-ordered expunction of criminal history

23  records.--The courts of this state have jurisdiction over

24  their own procedures, including the maintenance, expunction,

25  and correction of judicial records containing criminal history

26  information to the extent such procedures are not inconsistent

27  with the conditions, responsibilities, and duties established

28  by this section.  Any court of competent jurisdiction may

29  order a criminal justice agency to expunge the criminal

30  history record of a minor or an adult who complies with the

31  requirements of this section.  The court shall not order a


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                                   CS/HB 1529, First Engrossed/ntc



  1  criminal justice agency to expunge a criminal history record

  2  until the person seeking to expunge a criminal history record

  3  has applied for and received a certificate of eligibility for

  4  expunction pursuant to subsection (2).  A criminal history

  5  record that relates to a violation of chapter 794, s. 800.04,

  6  s. 817.034, s. 827.071, chapter 839, s. 893.135, or a

  7  violation enumerated in s. 907.041 may not be expunged,

  8  without regard to whether adjudication was withheld, if the

  9  defendant was found guilty of or pled guilty or nolo

10  contendere to the offense, or if the defendant, as a minor,

11  was found to have committed, or pled guilty or nolo contendere

12  to committing, the offense as a delinquent act. The court may

13  only order expunction of a criminal history record pertaining

14  to one arrest or one incident of alleged criminal activity,

15  except as provided in this section. The court may, at its sole

16  discretion, order the expunction of a criminal history record

17  pertaining to more than one arrest if the additional arrests

18  directly relate to the original arrest. If the court intends

19  to order the expunction of records pertaining to such

20  additional arrests, such intent must be specified in the

21  order. A criminal justice agency may not expunge any record

22  pertaining to such additional arrests if the order to expunge

23  does not articulate the intention of the court to expunge a

24  record pertaining to more than one arrest. This section does

25  not prevent the court from ordering the expunction of only a

26  portion of a criminal history record pertaining to one arrest

27  or one incident of alleged criminal activity.  Notwithstanding

28  any law to the contrary, a criminal justice agency may comply

29  with laws, court orders, and official requests of other

30  jurisdictions relating to expunction, correction, or

31  confidential handling of criminal history records or


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                                   CS/HB 1529, First Engrossed/ntc



  1  information derived therefrom.  This section does not confer

  2  any right to the expunction of any criminal history record,

  3  and any request for expunction of a criminal history record

  4  may be denied at the sole discretion of the court.

  5         (1)  PETITION TO EXPUNGE A CRIMINAL HISTORY

  6  RECORD.--Each petition to a court to expunge a criminal

  7  history record is complete only when accompanied by:

  8         (a)  A certificate of eligibility for expunction issued

  9  by the department pursuant to subsection (2).

10         (b)  The petitioner's sworn statement attesting that

11  the petitioner:

12         1.  Has never, prior to the date on which the petition

13  is filed, been adjudicated guilty of a criminal offense or

14  comparable ordinance violation or adjudicated delinquent for

15  committing a felony or a misdemeanor specified in s.

16  943.051(3)(b).

17         2.  Has not been adjudicated guilty of, or adjudicated

18  delinquent for committing, any of the acts stemming from the

19  arrest or alleged criminal activity to which the petition

20  pertains.

21         3.  Has never secured a prior sealing or expunction of

22  a criminal history record under this section, former s.

23  893.14, former s. 901.33, or former s. 943.058, or from any

24  jurisdiction outside the state.

25         4.  Is eligible for such an expunction to the best of

26  his or her knowledge or belief and does not have any other

27  petition to expunge or any petition to seal pending before any

28  court.

29  

30  Any person who knowingly provides false information on such

31  sworn statement to the court commits a felony of the third


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                                   CS/HB 1529, First Engrossed/ntc



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

  2  s. 775.084.

  3         (2)  CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.--Prior

  4  to petitioning the court to expunge a criminal history record,

  5  a person seeking to expunge a criminal history record shall

  6  apply to the department for a certificate of eligibility for

  7  expunction. The department shall, by rule adopted pursuant to

  8  chapter 120, establish procedures pertaining to the

  9  application for and issuance of certificates of eligibility

10  for expunction. The department shall issue a certificate of

11  eligibility for expunction to a person who is the subject of a

12  criminal history record if that person:

13         (a)  Has obtained, and submitted to the department, a

14  written, certified statement from the appropriate state

15  attorney or statewide prosecutor which indicates:

16         1.  That an indictment, information, or other charging

17  document was not filed or issued in the case.

18         2.  That an indictment, information, or other charging

19  document, if filed or issued in the case, was dismissed or

20  nolle prosequi by the state attorney or statewide prosecutor,

21  or was dismissed by a court of competent jurisdiction.

22         3.  That the criminal history record does not relate to

23  a violation of chapter 794, s. 800.04, s. 817.034, s. 827.071,

24  chapter 839, s. 893.135, or a violation enumerated in s.

25  907.041, where the defendant was found guilty of, or pled

26  guilty or nolo contendere to any such offense, or that the

27  defendant, as a minor, was found to have committed, or pled

28  guilty or nolo contendere to committing, such an offense as a

29  delinquent act, without regard to whether adjudication was

30  withheld.

31  


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                                   CS/HB 1529, First Engrossed/ntc



  1         (b)  Remits a $75 processing fee to the department for

  2  placement in the Department of Law Enforcement Operating Trust

  3  Fund, unless such fee is waived by the executive director.

  4         (c)  Has submitted to the department a certified copy

  5  of the disposition of the charge to which the petition to

  6  expunge pertains.

  7         (d)  Has never, prior to the date on which the

  8  application for a certificate of eligibility is filed, been

  9  adjudicated guilty of a criminal offense or comparable

10  ordinance violation or adjudicated delinquent for committing a

11  felony or a misdemeanor specified in s. 943.051(3)(b).

12         (e)  Has not been adjudicated guilty of, or adjudicated

13  delinquent for committing, any of the acts stemming from the

14  arrest or alleged criminal activity to which the petition to

15  expunge pertains.

16         (f)  Has never secured a prior sealing or expunction of

17  a criminal history record under this section, former s.

18  893.14, former s. 901.33, or former s. 943.058.

19         (g)  Is no longer under court supervision applicable to

20  the disposition of the arrest or alleged criminal activity to

21  which the petition to expunge pertains.

22         (h)  Is not required to wait a minimum of 10 years

23  prior to being eligible for an expunction of such records

24  because all charges related to the arrest or criminal activity

25  to which the petition to expunge pertains were dismissed prior

26  to trial, adjudication, or the withholding of adjudication.

27  Otherwise, such criminal history record must be sealed under

28  this section, former s. 893.14, former s. 901.33, or former s.

29  943.058 for at least 10 years before such record is eligible

30  for expunction.

31         (3)  PROCESSING OF A PETITION OR ORDER TO EXPUNGE.--


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                                   CS/HB 1529, First Engrossed/ntc



  1         (a)  In judicial proceedings under this section, a copy

  2  of the completed petition to expunge 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 expunge.

  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 the arresting

12  agency. The arresting agency is responsible for forwarding the

13  order to any other agency to which the arresting agency

14  disseminated the criminal history record information to which

15  the order pertains. The department shall forward the order to

16  expunge to the Federal Bureau of Investigation. The clerk of

17  the court shall certify a copy of the order to any other

18  agency which the records of the court reflect has received the

19  criminal history record from the court.

20         (c)  For an order to expunge entered by a court prior

21  to July 1, 1992, the department shall notify the appropriate

22  state attorney or statewide prosecutor of an order to expunge

23  which is contrary to law because the person who is the subject

24  of the record has previously been convicted of a crime or

25  comparable ordinance violation or has had a prior criminal

26  history record sealed or expunged. Upon receipt of such

27  notice, the appropriate state attorney or statewide prosecutor

28  shall take action, within 60 days, to correct the record and

29  petition the court to void the order to expunge. The

30  department shall seal the record until such time as the order

31  is voided by the court.


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                                   CS/HB 1529, First Engrossed/ntc



  1         (d)  On or after July 1, 1992, the department or any

  2  other criminal justice agency is not required to act on an

  3  order to expunge entered by a court when such order does not

  4  comply with the requirements of this section. Upon receipt of

  5  such an order, the department must notify the issuing court,

  6  the appropriate state attorney or statewide prosecutor, the

  7  petitioner or the petitioner's attorney, and the arresting

  8  agency of the reason for noncompliance. The appropriate state

  9  attorney or statewide prosecutor shall take action within 60

10  days to correct the record and petition the court to void the

11  order.  No cause of action, including contempt of court, shall

12  arise against any criminal justice agency for failure to

13  comply with an order to expunge when the petitioner for such

14  order failed to obtain the certificate of eligibility as

15  required by this section or such order does not otherwise

16  comply with the requirements of this section.

17         (4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any

18  criminal history record of a minor or an adult which is

19  ordered expunged by a court of competent jurisdiction pursuant

20  to this section must be physically destroyed or obliterated by

21  any criminal justice agency having custody of such record;

22  except that any criminal history record in the custody of the

23  department must be retained in all cases. A criminal history

24  record ordered expunged that is retained by the department is

25  confidential and exempt from the provisions of s. 119.07(1)

26  and s. 24(a), Art. I of the State Constitution and not

27  available to any person or entity except upon order of a court

28  of competent jurisdiction. A criminal justice agency may

29  retain a notation indicating compliance with an order to

30  expunge.

31  


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                                   CS/HB 1529, First Engrossed/ntc



  1         (a)  The person who is the subject of a criminal

  2  history record that is expunged under this section or under

  3  other provisions of law, including former s. 893.14, former s.

  4  901.33, and former s. 943.058, may lawfully deny or fail to

  5  acknowledge the arrests covered by the expunged record, except

  6  when the subject of the record:

  7         1.  Is a candidate for employment with a criminal

  8  justice agency;

  9         2.  Is a defendant in a criminal prosecution;

10         3.  Concurrently or subsequently petitions for relief

11  under this section or s. 943.059;

12         4.  Is a candidate for admission to The Florida Bar;

13         5.  Is seeking to be employed or licensed by or to

14  contract with the Department of Children and Family Services

15  or the Department of Juvenile Justice or to be employed or

16  used by such contractor or licensee in a sensitive position

17  having direct contact with children, the developmentally

18  disabled, the aged, or the elderly as provided in s.

19  110.1127(3), s. 393.063(15), s. 394.4572(1), s. 397.451, s.

20  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.

21  985.407, or chapter 400; or

22         6.  Is seeking to be employed or licensed by the Office

23  of Teacher Education, Certification, Staff Development, and

24  Professional Practices of the Department of Education, any

25  district school board, or any local governmental entity that

26  licenses child care facilities.

27         (b)  Subject to the exceptions in paragraph (a), a

28  person who has been granted an expunction under this section,

29  former s. 893.14, former s. 901.33, or former s. 943.058 may

30  not be held under any provision of law of this state to commit

31  perjury or to be otherwise liable for giving a false statement


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                                   CS/HB 1529, First Engrossed/ntc



  1  by reason of such person's failure to recite or acknowledge an

  2  expunged criminal history record.

  3         (c)  Information relating to the existence of an

  4  expunged criminal history record which is provided in

  5  accordance with paragraph (a) is confidential and exempt from

  6  the provisions of s. 119.07(1) and s. 24(a), Art. I of the

  7  State Constitution, except that the department shall disclose

  8  the existence of a criminal history record ordered expunged to

  9  the entities set forth in subparagraphs (a)1., 4., 5., and 6.

10  for their respective licensing and employment purposes, and to

11  criminal justice agencies for their respective criminal

12  justice purposes.  It is unlawful for any employee of an

13  entity set forth in subparagraph (a)1., subparagraph (a)4.,

14  subparagraph (a)5., or subparagraph (a)6. to disclose

15  information relating to the existence of an expunged criminal

16  history record of a person seeking employment or licensure

17  with such entity or contractor, except to the person to whom

18  the criminal history record relates or to persons having

19  direct responsibility for employment or licensure decisions.

20  Any person who violates this paragraph commits a misdemeanor

21  of the first degree, punishable as provided in s. 775.082 or

22  s. 775.083.

23         (5)  STATUTORY REFERENCES.--Any reference to any other

24  chapter, section, or subdivision of the Florida Statutes in

25  this section constitutes a general reference under the

26  doctrine of incorporation by reference.

27         943.059  Court-ordered sealing of criminal history

28  records.--The courts of this state shall continue to have

29  jurisdiction over their own procedures, including the

30  maintenance, sealing, and correction of judicial records

31  containing criminal history information to the extent such


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                                   CS/HB 1529, First Engrossed/ntc



  1  procedures are not inconsistent with the conditions,

  2  responsibilities, and duties established by this section.  Any

  3  court of competent jurisdiction may order a criminal justice

  4  agency to seal the criminal history record of a minor or an

  5  adult who complies with the requirements of this section.  The

  6  court shall not order a criminal justice agency to seal a

  7  criminal history record until the person seeking to seal a

  8  criminal history record has applied for and received a

  9  certificate of eligibility for sealing pursuant to subsection

10  (2).  A criminal history record that relates to a violation of

11  chapter 794, s. 800.04, s. 817.034, s. 827.071, chapter 839,

12  s. 893.135, or a violation enumerated in s. 907.041 may not be

13  sealed, without regard to whether adjudication was withheld,

14  if the defendant was found guilty of or pled guilty or nolo

15  contendere to the offense, or if the defendant, as a minor,

16  was found to have committed or pled guilty or nolo contendere

17  to committing the offense as a delinquent act.  The court may

18  only order sealing of a criminal history record pertaining to

19  one arrest or one incident of alleged criminal activity,

20  except as provided in this section. The court may, at its sole

21  discretion, order the sealing of a criminal history record

22  pertaining to more than one arrest if the additional arrests

23  directly relate to the original arrest.  If the court intends

24  to order the sealing of records pertaining to such additional

25  arrests, such intent must be specified in the order.  A

26  criminal justice agency may not seal any record pertaining to

27  such additional arrests if the order to seal does not

28  articulate the intention of the court to seal records

29  pertaining to more than one arrest.  This section does not

30  prevent the court from ordering the sealing of only a portion

31  of a criminal history record pertaining to one arrest or one


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                                   CS/HB 1529, First Engrossed/ntc



  1  incident of alleged criminal activity. Notwithstanding any law

  2  to the contrary, a criminal justice agency may comply with

  3  laws, court orders, and official requests of other

  4  jurisdictions relating to sealing, correction, or confidential

  5  handling of criminal history records or information derived

  6  therefrom.  This section does not confer any right to the

  7  sealing of any criminal history record, and any request for

  8  sealing a criminal history record may be denied at the sole

  9  discretion of the court.

10         (1)  PETITION TO SEAL A CRIMINAL HISTORY RECORD.--Each

11  petition to a court to seal a criminal history record is

12  complete only when accompanied by:

13         (a)  A certificate of eligibility for sealing issued by

14  the department pursuant to subsection (2).

15         (b)  The petitioner's sworn statement attesting that

16  the petitioner:

17         1.  Has never, prior to the date on which the petition

18  is filed, been adjudicated guilty of a criminal offense or

19  comparable ordinance violation or adjudicated delinquent for

20  committing a felony or a misdemeanor specified in s.

21  943.051(3)(b).

22         2.  Has not been adjudicated guilty of or adjudicated

23  delinquent for committing any of the acts stemming from the

24  arrest or alleged criminal activity to which the petition to

25  seal pertains.

26         3.  Has never secured a prior sealing or expunction of

27  a criminal history record under this section, former s.

28  893.14, former s. 901.33, former s. 943.058, or from any

29  jurisdiction outside the state.

30         4.  Is eligible for such a sealing to the best of his

31  or her knowledge or belief and does not have any other


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                                   CS/HB 1529, First Engrossed/ntc



  1  petition to seal or any petition to expunge pending before any

  2  court.

  3  

  4  Any person who knowingly provides false information on such

  5  sworn statement to the court commits a felony of the third

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

  7  s. 775.084.

  8         (2)  CERTIFICATE OF ELIGIBILITY FOR SEALING.--Prior to

  9  petitioning the court to seal a criminal history record, a

10  person seeking to seal a criminal history record shall apply

11  to the department for a certificate of eligibility for

12  sealing.  The department shall, by rule adopted pursuant to

13  chapter 120, establish procedures pertaining to the

14  application for and issuance of certificates of eligibility

15  for sealing.  The department shall issue a certificate of

16  eligibility for sealing to a person who is the subject of a

17  criminal history record provided that such person:

18         (a)  Has submitted to the department a certified copy

19  of the disposition of the charge to which the petition to seal

20  pertains.

21         (b)  Remits a $75 processing fee to the department for

22  placement in the Department of Law Enforcement Operating Trust

23  Fund, unless such fee is waived by the executive director.

24         (c)  Has never, prior to the date on which the

25  application for a certificate of eligibility is filed, been

26  adjudicated guilty of a criminal offense or comparable

27  ordinance violation or adjudicated delinquent for committing a

28  felony or a misdemeanor specified in s. 943.051(3)(b).

29         (d)  Has not been adjudicated guilty of or adjudicated

30  delinquent for committing any of the acts stemming from the

31  


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                                   CS/HB 1529, First Engrossed/ntc



  1  arrest or alleged criminal activity to which the petition to

  2  seal pertains.

  3         (e)  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         (f)  Is no longer under court supervision applicable to

  7  the disposition of the arrest or alleged criminal activity to

  8  which the petition to seal pertains.

  9         (3)  PROCESSING OF A PETITION OR ORDER TO SEAL.--

10         (a)  In judicial proceedings under this section, a copy

11  of the completed petition to seal shall be served upon the

12  appropriate state attorney or the statewide prosecutor and

13  upon the arresting agency; however, it is not necessary to

14  make any agency other than the state a party.  The appropriate

15  state attorney or the statewide prosecutor and the arresting

16  agency may respond to the court regarding the completed

17  petition to seal.

18         (b)  If relief is granted by the court, the clerk of

19  the court shall certify copies of the order to the appropriate

20  state attorney or the statewide prosecutor and to the

21  arresting agency. The arresting agency is responsible for

22  forwarding the order to any other agency to which the

23  arresting agency disseminated the criminal history record

24  information to which the order pertains. The department shall

25  forward the order to seal to the Federal Bureau of

26  Investigation. The clerk of the court shall certify a copy of

27  the order to any other agency which the records of the court

28  reflect has received the criminal history record from the

29  court.

30         (c)  For an order to seal entered by a court prior to

31  July 1, 1992, the department shall notify the appropriate


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                                   CS/HB 1529, First Engrossed/ntc



  1  state attorney or statewide prosecutor of any order to seal

  2  which is contrary to law because the person who is the subject

  3  of the record has previously been convicted of a crime or

  4  comparable ordinance violation or has had a prior criminal

  5  history record sealed or expunged.  Upon receipt of such

  6  notice, the appropriate state attorney or statewide prosecutor

  7  shall take action, within 60 days, to correct the record and

  8  petition the court to void the order to seal.  The department

  9  shall seal the record until such time as the order is voided

10  by the court.

11         (d)  On or after July 1, 1992, the department or any

12  other criminal justice agency is not required to act on an

13  order to seal entered by a court when such order does not

14  comply with the requirements of this section.  Upon receipt of

15  such an order, the department must notify the issuing court,

16  the appropriate state attorney or statewide prosecutor, the

17  petitioner or the petitioner's attorney, and the arresting

18  agency of the reason for noncompliance. The appropriate state

19  attorney or statewide prosecutor shall take action within 60

20  days to correct the record and petition the court to void the

21  order.  No cause of action, including contempt of court, shall

22  arise against any criminal justice agency for failure to

23  comply with an order to seal when the petitioner for such

24  order failed to obtain the certificate of eligibility as

25  required by this section or when such order does not comply

26  with the requirements of this section.

27         (e)  An order sealing a criminal history record

28  pursuant to this section does not require that such record be

29  surrendered to the court, and such record shall continue to be

30  maintained by the department and other criminal justice

31  agencies.


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                                   CS/HB 1529, First Engrossed/ntc



  1         (4)  EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A

  2  criminal history record of a minor or an adult which is

  3  ordered sealed by a court of competent jurisdiction pursuant

  4  to this section is confidential and exempt from the provisions

  5  of s. 119.07(1) and s. 24(a), Art. I of the State Constitution

  6  and is available only to the person who is the subject of the

  7  record, to the subject's attorney, to criminal justice

  8  agencies for their respective criminal justice purposes, or to

  9  those entities set forth in subparagraphs (a)1., 4., 5., and

10  6. for their respective licensing and employment purposes.

11         (a)  The subject of a criminal history record sealed

12  under this section or under other provisions of law, including

13  former s. 893.14, former s. 901.33, and former s. 943.058, may

14  lawfully deny or fail to acknowledge the arrests covered by

15  the sealed record, except when the subject of the record:

16         1.  Is a candidate for employment with a criminal

17  justice agency;

18         2.  Is a defendant in a criminal prosecution;

19         3.  Concurrently or subsequently petitions for relief

20  under this section or s. 943.0585;

21         4.  Is a candidate for admission to The Florida Bar;

22         5.  Is seeking to be employed or licensed by or to

23  contract with the Department of Children and Family Services

24  or the Department of Juvenile Justice or to be employed or

25  used by such contractor or licensee in a sensitive position

26  having direct contact with children, the developmentally

27  disabled, the aged, or the elderly as provided in s.

28  110.1127(3), s. 393.063(15), s. 394.4572(1), s. 397.451, s.

29  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.

30  415.103, s. 985.407, or chapter 400; or

31  


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                                   CS/HB 1529, First Engrossed/ntc



  1         6.  Is seeking to be employed or licensed by the Office

  2  of Teacher Education, Certification, Staff Development, and

  3  Professional Practices of the Department of Education, any

  4  district school board, or any local governmental entity which

  5  licenses child care facilities.

  6         (b)  Subject to the exceptions in paragraph (a), a

  7  person who has been granted a sealing under this section,

  8  former s. 893.14, former s. 901.33, or former s. 943.058 may

  9  not be held under any provision of law of this state to commit

10  perjury or to be otherwise liable for giving a false statement

11  by reason of such person's failure to recite or acknowledge a

12  sealed criminal history record.

13         (c)  Information relating to the existence of a sealed

14  criminal record provided in accordance with the provisions of

15  paragraph (a) is confidential and exempt from the provisions

16  of s. 119.07(1) and s. 24(a), Art. I of the State

17  Constitution, except that the department shall disclose the

18  sealed criminal history record to the entities set forth in

19  subparagraphs (a)1., 4., 5., and 6. for their respective

20  licensing and employment purposes. It is unlawful for any

21  employee of an entity set forth in subparagraph (a)1.,

22  subparagraph (a)4., subparagraph (a)5., or subparagraph (a)6.

23  to disclose information relating to the existence of a sealed

24  criminal history record of a person seeking employment or

25  licensure with such entity or contractor, except to the person

26  to whom the criminal history record relates or to persons

27  having direct responsibility for employment or licensure

28  decisions.  Any person who violates the provisions of this

29  paragraph commits a misdemeanor of the first degree,

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

31  


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                                   CS/HB 1529, First Engrossed/ntc



  1         (5)  STATUTORY REFERENCES.--Any reference to any other

  2  chapter, section, or subdivision of the Florida Statutes in

  3  this section constitutes a general reference under the

  4  doctrine of incorporation by reference.

  5         Section 10.  Paragraphs (g), (h), and (i) of subsection

  6  (3) of section 921.0022, Florida Statutes, are amended to

  7  read:

  8         921.0022  Criminal Punishment Code; offense severity

  9  ranking chart.--

10         (3)  OFFENSE SEVERITY RANKING CHART

11  

12  Florida           Felony

13  Statute           Degree             Description

14  

15                              (g)  LEVEL 7

16  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

17                              injury.

18  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

19                              bodily injury.

20  402.319(2)         2nd      Misrepresentation and negligence

21                              or intentional act resulting in

22                              great bodily harm, permanent

23                              disfiguration, permanent

24                              disability, or death.

25  409.920(2)         3rd      Medicaid provider fraud.

26  456.065(2)         3rd      Practicing a health care

27                              profession without a license.

28  456.065(2)         2nd      Practicing a health care

29                              profession without a license

30                              which results in serious bodily

31                              injury.


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                                   CS/HB 1529, First Engrossed/ntc



  1  458.327(1)         3rd      Practicing medicine without a

  2                              license.

  3  459.013(1)         3rd      Practicing osteopathic medicine

  4                              without a license.

  5  460.411(1)         3rd      Practicing chiropractic medicine

  6                              without a license.

  7  461.012(1)         3rd      Practicing podiatric medicine

  8                              without a license.

  9  462.17             3rd      Practicing naturopathy without a

10                              license.

11  463.015(1)         3rd      Practicing optometry without a

12                              license.

13  464.016(1)         3rd      Practicing nursing without a

14                              license.

15  465.015(2)         3rd      Practicing pharmacy without a

16                              license.

17  466.026(1)         3rd      Practicing dentistry or dental

18                              hygiene without a license.

19  467.201            3rd      Practicing midwifery without a

20                              license.

21  468.366            3rd      Delivering respiratory care

22                              services without a license.

23  483.828(1)         3rd      Practicing as clinical laboratory

24                              personnel without a license.

25  483.901(9)         3rd      Practicing medical physics

26                              without a license.

27  484.053            3rd      Dispensing hearing aids without a

28                              license.

29  

30  

31  


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                                   CS/HB 1529, First Engrossed/ntc



  1  494.0018(2)        1st      Conviction of any violation of

  2                              ss. 494.001-494.0077 in which the

  3                              total money and property

  4                              unlawfully obtained exceeded

  5                              $50,000 and there were five or

  6                              more victims.

  7  560.123(8)(b)1.    3rd      Failure to report currency or

  8                              payment instruments exceeding

  9                              $300 but less than $20,000 by

10                              money transmitter.

11  560.125(5)(a)      3rd      Money transmitter business by

12                              unauthorized person, currency or

13                              payment instruments exceeding

14                              $300 but less than $20,000.

15  655.50(10)(b)1.    3rd      Failure to report financial

16                              transactions exceeding $300 but

17                              less than $20,000 by financial

18                              institution.

19  782.051(3)         2nd      Attempted felony murder of a

20                              person by a person other than the

21                              perpetrator or the perpetrator of

22                              an attempted felony.

23  782.07(1)          2nd      Killing of a human being by the

24                              act, procurement, or culpable

25                              negligence of another

26                              (manslaughter).

27  782.071            2nd      Killing of human being or viable

28                              fetus by the operation of a motor

29                              vehicle in a reckless manner

30                              (vehicular homicide).

31  


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                                   CS/HB 1529, First Engrossed/ntc



  1  782.072            2nd      Killing of a human being by the

  2                              operation of a vessel in a

  3                              reckless manner (vessel

  4                              homicide).

  5  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

  6                              causing great bodily harm or

  7                              disfigurement.

  8  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

  9                              weapon.

10  784.045(1)(b)      2nd      Aggravated battery; perpetrator

11                              aware victim pregnant.

12  784.048(4)         3rd      Aggravated stalking; violation of

13                              injunction or court order.

14  784.07(2)(d)       1st      Aggravated battery on law

15                              enforcement officer.

16  784.08(2)(a)       1st      Aggravated battery on a person 65

17                              years of age or older.

18  784.081(1)         1st      Aggravated battery on specified

19                              official or employee.

20  784.082(1)         1st      Aggravated battery by detained

21                              person on visitor or other

22                              detainee.

23  784.083(1)         1st      Aggravated battery on code

24                              inspector.

25  790.07(4)          1st      Specified weapons violation

26                              subsequent to previous conviction

27                              of s. 790.07(1) or (2).

28  790.16(1)          1st      Discharge of a machine gun under

29                              specified circumstances.

30  

31  


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                                   CS/HB 1529, First Engrossed/ntc



  1  790.166(3)         2nd      Possessing, selling, using, or

  2                              attempting to use a hoax weapon

  3                              of mass destruction.

  4  796.03             2nd      Procuring any person under 16

  5                              years for prostitution.

  6  800.04(5)(c)1.     2nd      Lewd or lascivious molestation;

  7                              victim less than 12 years of age;

  8                              offender less than 18 years.

  9  800.04(5)(c)2.     2nd      Lewd or lascivious molestation;

10                              victim 12 years of age or older

11                              but less than 16 years; offender

12                              18 years or older.

13  806.01(2)          2nd      Maliciously damage structure by

14                              fire or explosive.

15  810.02(3)(a)       2nd      Burglary of occupied dwelling;

16                              unarmed; no assault or battery.

17  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

18                              unarmed; no assault or battery.

19  810.02(3)(d)       2nd      Burglary of occupied conveyance;

20                              unarmed; no assault or battery.

21  812.014(2)(a)      1st      Property stolen, valued at

22                              $100,000 or more; property stolen

23                              while causing other property

24                              damage; 1st degree grand theft.

25  812.019(2)         1st      Stolen property; initiates,

26                              organizes, plans, etc., the theft

27                              of property and traffics in

28                              stolen property.

29  812.131(2)(a)      2nd      Robbery by sudden snatching.

30  812.133(2)(b)      1st      Carjacking; no firearm, deadly

31                              weapon, or other weapon.


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                                   CS/HB 1529, First Engrossed/ntc



  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), (2)(b), or

26                              (2)(c)4.) within 1,000 feet of a

27                              child care facility or school.

28  

29  

30  

31  


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                                   CS/HB 1529, First Engrossed/ntc



  1  893.13(1)(e)1.     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), (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), (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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                                   CS/HB 1529, First Engrossed/ntc



  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

  9   (1)(h)1.a.        1st      Trafficking in

10                              gamma-hydroxybutyric acid (GHB),

11                              1 kilogram or more, less than 5

12                              kilograms.

13  893.135

14   (1)(i)1.a.        1st      Trafficking in

15                              gamma-butyrolactone (GBL), 1

16                              kilogram or more, less then 5

17                              kilograms.

18  893.135

19   (1)(j)(i)1.a.     1st      Trafficking in 1,4-Butanediol, 1

20                              kilogram or more, less then 5

21                              kilograms.

22  893.135

23   (1)(k)(j)2.a.     1st      Trafficking in Phenethylamines,

24                              10 grams or more, less than 200

25                              grams.

26  893.135

27   (1)(l)1.a.        1st      Trafficking in lysergic acid

28                              diethylamide (LSD), 1 gram or

29                              more, less than 5 grams.

30  

31  


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                                   CS/HB 1529, First Engrossed/ntc



  1  896.101(5)(a)      3rd      Money laundering, financial

  2                              transactions exceeding $300 but

  3                              less than $20,000.

  4  896.104(4)(a)1.    3rd      Structuring transactions to evade

  5                              reporting or registration

  6                              requirements, financial

  7                              transactions exceeding $300 but

  8                              less than $20,000.

  9                              (h)  LEVEL 8

10  316.193

11   (3)(c)3.a.        2nd      DUI manslaughter.

12  327.35(3)(c)3.     2nd      Vessel BUI manslaughter.

13  560.123(8)(b)2.    2nd      Failure to report currency or

14                              payment instruments totaling or

15                              exceeding $20,000, but less than

16                              $100,000 by money transmitter.

17  560.125(5)(b)      2nd      Money transmitter business by

18                              unauthorized person, currency or

19                              payment instruments totaling or

20                              exceeding $20,000, but less than

21                              $100,000.

22  655.50(10)(b)2.    2nd      Failure to report financial

23                              transactions totaling or

24                              exceeding $20,000, but less than

25                              $100,000 by financial

26                              institutions.

27  777.03(2)(a)       1st      Accessory after the fact, capital

28                              felony.

29  

30  

31  


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                                   CS/HB 1529, First Engrossed/ntc



  1  782.04(4)          2nd      Killing of human without design

  2                              when engaged in act or attempt of

  3                              any felony other than arson,

  4                              sexual battery, robbery,

  5                              burglary, kidnapping, aircraft

  6                              piracy, or unlawfully discharging

  7                              bomb.

  8  782.051(2)         1st      Attempted felony murder while

  9                              perpetrating or attempting to

10                              perpetrate a felony not

11                              enumerated in s. 782.04(3).

12  782.071(2)         1st      Committing vehicular homicide and

13                              failing to render aid or give

14                              information.

15  782.072(2)         1st      Committing vessel homicide and

16                              failing to render aid or give

17                              information.

18  790.161(3)         1st      Discharging a destructive device

19                              which results in bodily harm or

20                              property damage.

21  794.011(5)         2nd      Sexual battery, victim 12 years

22                              or over, offender does not use

23                              physical force likely to cause

24                              serious injury.

25  800.04(4)          2nd      Lewd or lascivious battery.

26  806.01(1)          1st      Maliciously damage dwelling or

27                              structure by fire or explosive,

28                              believing person in structure.

29  810.02(2)(a)       1st,PBL  Burglary with assault or battery.

30  810.02(2)(b)       1st,PBL  Burglary; armed with explosives

31                              or dangerous weapon.


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                                   CS/HB 1529, First Engrossed/ntc



  1  810.02(2)(c)       1st      Burglary of a dwelling or

  2                              structure causing structural

  3                              damage or $1,000 or more property

  4                              damage.

  5  812.13(2)(b)       1st      Robbery with a weapon.

  6  812.135(2)         1st      Home-invasion robbery.

  7  825.102(2)         2nd      Aggravated abuse of an elderly

  8                              person or disabled adult.

  9  825.103(2)(a)      1st      Exploiting an elderly person or

10                              disabled adult and property is

11                              valued at $100,000 or more.

12  837.02(2)          2nd      Perjury in official proceedings

13                              relating to prosecution of a

14                              capital felony.

15  837.021(2)         2nd      Making contradictory statements

16                              in official proceedings relating

17                              to prosecution of a capital

18                              felony.

19  860.121(2)(c)      1st      Shooting at or throwing any

20                              object in path of railroad

21                              vehicle resulting in great bodily

22                              harm.

23  860.16             1st      Aircraft piracy.

24  893.13(1)(b)       1st      Sell or deliver in excess of 10

25                              grams of any substance specified

26                              in s. 893.03(1)(a) or (b).

27  893.13(2)(b)       1st      Purchase in excess of 10 grams of

28                              any substance specified in s.

29                              893.03(1)(a) or (b).

30  

31  


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                                   CS/HB 1529, First Engrossed/ntc



  1  893.13(6)(c)       1st      Possess in excess of 10 grams of

  2                              any substance specified in s.

  3                              893.03(1)(a) or (b).

  4  893.135(1)(a)2.    1st      Trafficking in cannabis, more

  5                              than 2,000 lbs., less than 10,000

  6                              lbs.

  7  893.135

  8   (1)(b)1.b.        1st      Trafficking in cocaine, more than

  9                              200 grams, less than 400 grams.

10  893.135

11   (1)(c)1.b.        1st      Trafficking in illegal drugs,

12                              more than 14 grams, less than 28

13                              grams.

14  893.135

15   (1)(d)1.b.        1st      Trafficking in phencyclidine,

16                              more than 200 grams, less than

17                              400 grams.

18  893.135

19   (1)(e)1.b.        1st      Trafficking in methaqualone, more

20                              than 5 kilograms, less than 25

21                              kilograms.

22  893.135

23   (1)(f)1.b.        1st      Trafficking in amphetamine, more

24                              than 28 grams, less than 200

25                              grams.

26  893.135

27   (1)(g)1.b.        1st      Trafficking in flunitrazepam, 14

28                              grams or more, less than 28

29                              grams.

30  

31  


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                                   CS/HB 1529, First Engrossed/ntc



  1  893.135

  2   (1)(h)1.b.        1st      Trafficking in

  3                              gamma-hydroxybutyric acid (GHB),

  4                              5 kilograms or more, less than 10

  5                              kilograms.

  6  893.135

  7   (1)(i)1.b.        1st      Trafficking in

  8                              gamma-butyrolactone (GBL), 5

  9                              kilograms or more, less then 10

10                              kilograms.

11  893.135

12   (1)(j)(i)1.b.     1st      Trafficking in 1,4-Butanediol, 5

13                              kilograms or more, less than 10

14                              kilograms.

15  893.135

16   (1)(k)(j)2.b.     1st      Trafficking in Phenethylamines,

17                              200 grams or more, less than 400

18                              grams.

19  893.135

20   (1)(l)1.b.        1st      Trafficking in lysergic acid

21                              diethylamide (LSD), 5 grams or

22                              more, less than 7 grams.

23  895.03(1)          1st      Use or invest proceeds derived

24                              from pattern of racketeering

25                              activity.

26  895.03(2)          1st      Acquire or maintain through

27                              racketeering activity any

28                              interest in or control of any

29                              enterprise or real property.

30  

31  


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                                   CS/HB 1529, First Engrossed/ntc



  1  895.03(3)          1st      Conduct or participate in any

  2                              enterprise through pattern of

  3                              racketeering activity.

  4  896.101(5)(b)      2nd      Money laundering, financial

  5                              transactions totaling or

  6                              exceeding $20,000, but less than

  7                              $100,000.

  8  896.104(4)(a)2.    2nd      Structuring transactions to evade

  9                              reporting or registration

10                              requirements, financial

11                              transactions totaling or

12                              exceeding $20,000 but less than

13                              $100,000.

14                              (i)  LEVEL 9

15  316.193

16   (3)(c)3.b.        1st      DUI manslaughter; failing to

17                              render aid or give information.

18  560.123(8)(b)3.    1st      Failure to report currency or

19                              payment instruments totaling or

20                              exceeding $100,000 by money

21                              transmitter.

22  560.125(5)(c)      1st      Money transmitter business by

23                              unauthorized person, currency, or

24                              payment instruments totaling or

25                              exceeding $100,000.

26  655.50(10)(b)3.    1st      Failure to report financial

27                              transactions totaling or

28                              exceeding $100,000 by financial

29                              institution.

30  782.04(1)          1st      Attempt, conspire, or solicit to

31                              commit premeditated murder.


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                                   CS/HB 1529, First Engrossed/ntc



  1  782.04(3)          1st,PBL   Accomplice to murder in

  2                              connection with arson, sexual

  3                              battery, robbery, burglary, and

  4                              other specified felonies.

  5  782.051(1)         1st      Attempted felony murder while

  6                              perpetrating or attempting to

  7                              perpetrate a felony enumerated in

  8                              s. 782.04(3).

  9  782.07(2)          1st      Aggravated manslaughter of an

10                              elderly person or disabled adult.

11  787.01(1)(a)1.     1st,PBL  Kidnapping; hold for ransom or

12                              reward or as a shield or hostage.

13  787.01(1)(a)2.     1st,PBL  Kidnapping with intent to commit

14                              or facilitate commission of any

15                              felony.

16  787.01(1)(a)4.     1st,PBL  Kidnapping with intent to

17                              interfere with performance of any

18                              governmental or political

19                              function.

20  787.02(3)(a)       1st      False imprisonment; child under

21                              age 13; perpetrator also commits

22                              aggravated child abuse, sexual

23                              battery, or lewd or lascivious

24                              battery, molestation, conduct, or

25                              exhibition.

26  790.161            1st      Attempted capital destructive

27                              device offense.

28  790.166(2)         1st,PBL  Possessing, selling, using, or

29                              attempting to use a weapon of

30                              mass destruction.

31  


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                                   CS/HB 1529, First Engrossed/ntc



  1  794.011(2)         1st      Attempted sexual battery; victim

  2                              less than 12 years of age.

  3  794.011(2)         Life     Sexual battery; offender younger

  4                              than 18 years and commits sexual

  5                              battery on a person less than 12

  6                              years.

  7  794.011(4)         1st      Sexual battery; victim 12 years

  8                              or older, certain circumstances.

  9  794.011(8)(b)      1st      Sexual battery; engage in sexual

10                              conduct with minor 12 to 18 years

11                              by person in familial or

12                              custodial authority.

13  800.04(5)(b)       1st      Lewd or lascivious molestation;

14                              victim less than 12 years;

15                              offender 18 years or older.

16  812.13(2)(a)       1st,PBL  Robbery with firearm or other

17                              deadly weapon.

18  812.133(2)(a)      1st,PBL  Carjacking; firearm or other

19                              deadly weapon.

20  827.03(2)          1st      Aggravated child abuse.

21  847.0145(1)        1st      Selling, or otherwise

22                              transferring custody or control,

23                              of a minor.

24  847.0145(2)        1st      Purchasing, or otherwise

25                              obtaining custody or control, of

26                              a minor.

27  859.01             1st      Poisoning food, drink, medicine,

28                              or water with intent to kill or

29                              injure another person.

30  893.135            1st      Attempted capital trafficking

31                              offense.


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                                   CS/HB 1529, First Engrossed/ntc



  1  893.135(1)(a)3.    1st      Trafficking in cannabis, more

  2                              than 10,000 lbs.

  3  893.135

  4   (1)(b)1.c.        1st      Trafficking in cocaine, more than

  5                              400 grams, less than 150

  6                              kilograms.

  7  893.135

  8   (1)(c)1.c.        1st      Trafficking in illegal drugs,

  9                              more than 28 grams, less than 30

10                              kilograms.

11  893.135

12   (1)(d)1.c.        1st      Trafficking in phencyclidine,

13                              more than 400 grams.

14  893.135

15   (1)(e)1.c.        1st      Trafficking in methaqualone, more

16                              than 25 kilograms.

17  893.135

18   (1)(f)1.c.        1st      Trafficking in amphetamine, more

19                              than 200 grams.

20  893.135

21   (1)(h)1.c.        1st      Trafficking in

22                              gamma-hydroxybutyric acid (GHB),

23                              10 kilograms or more.

24  893.135

25   (1)(i)1.c.        1st      Trafficking in

26                              gamma-butyrolactone (GBL), 10

27                              kilograms or more.

28  893.135

29   (1)(j)(i)1.c.     1st      Trafficking in 1,4-Butanediol, 10

30                              kilograms or more.

31  


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                                   CS/HB 1529, First Engrossed/ntc



  1  893.135

  2   (1)(k)(j)2.c.     1st      Trafficking in Phenethylamines,

  3                              400 grams or more.

  4  893.135

  5   (1)(l)1.c.        1st      Trafficking in lysergic acid

  6                              diethylamide (LSD), 7 grams or

  7                              more.

  8  896.101(5)(c)      1st      Money laundering, financial

  9                              instruments totaling or exceeding

10                              $100,000.

11  896.104(4)(a)3.    1st      Structuring transactions to evade

12                              reporting or registration

13                              requirements, financial

14                              transactions totaling or

15                              exceeding $100,000.

16         Section 11.  Except as otherwise provided herein, this

17  act shall take effect July 1, 2001.

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  


                                  86

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