Senate Bill sb0232

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    Florida Senate - 2001                                   SB 232

    By Senator Brown-Waite





    10-315-01

  1                      A bill to be entitled

  2         An act relating to controlled substances;

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

  4         mixtures containing hydrocodone to the

  5         substances listed under Schedule III as a

  6         controlled substance; amending s. 893.135,

  7         F.S.; providing penalties for trafficking in

  8         certain mixtures containing hydrocodone;

  9         reenacting s. 921.0022(3)(b), (c), and (e),

10         F.S., relating to the offense severity ranking

11         chart in the Criminal Punishment Code, to

12         incorporate the amendment in s. 893.03, F.S.,

13         in references thereto; providing an effective

14         date.

15

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

17

18         Section 1.  Paragraph (c) of subsection (3) of section

19  893.03, Florida Statutes, is amended to read:

20         893.03  Standards and schedules.--The substances

21  enumerated in this section are controlled by this chapter.

22  The controlled substances listed or to be listed in Schedules

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

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

25  provisions of this section shall not be construed to include

26  within any of the schedules contained in this section any

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

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

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

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

31  1308.34, styled "Exempt Anabolic Steroid Products."

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

  2  potential for abuse less than the substances contained in

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

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

  5  lead to moderate or low physical dependence or high

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

  7  may lead to physical damage.  The following substances are

  8  controlled in Schedule III:

  9         (c)  Unless specifically excepted or unless listed in

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

11  preparation containing limited quantities of any of the

12  following controlled substances or any salts thereof:

13         1.  Not more than 1.8 grams of codeine per 100

14  milliliters or not more than 90 milligrams per dosage unit,

15  with an equal or greater quantity of an isoquinoline alkaloid

16  of opium.

17         2.  Not more than 1.8 grams of codeine per 100

18  milliliters or not more than 90 milligrams per dosage unit,

19  with recognized therapeutic amounts of one or more active

20  ingredients which are not controlled substances.

21         3.  Not more than 300 milligrams of hydrocodone per 100

22  milliliters or not more than 15 milligrams per dosage unit,

23  with a fourfold or greater quantity of an isoquinoline

24  alkaloid of opium.

25         4.  Not more than 300 milligrams of hydrocodone per 100

26  milliliters or not more than 15 milligrams per dosage unit,

27  with recognized therapeutic amounts of one or more active

28  ingredients that are not controlled substances.

29         5.3.  Not more than 1.8 grams of dihydrocodeine per 100

30  milliliters or not more than 90 milligrams per dosage unit,

31

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  1  with recognized therapeutic amounts of one or more active

  2  ingredients which are not controlled substances.

  3         6.4.  Not more than 300 milligrams of ethylmorphine per

  4  100 milliliters or not more than 15 milligrams per dosage

  5  unit, with one or more active, nonnarcotic ingredients in

  6  recognized therapeutic amounts.

  7         7.5.  Not more than 50 milligrams of morphine per 100

  8  milliliters or per 100 grams, with recognized therapeutic

  9  amounts of one or more active ingredients which are not

10  controlled substances.

11         Section 2.  Paragraph (c) of subsection (1) of section

12  893.135, Florida Statutes, is amended to read:

13         893.135  Trafficking; mandatory sentences; suspension

14  or reduction of sentences; conspiracy to engage in

15  trafficking.--

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

17  499 and notwithstanding the provisions of s. 893.13:

18         (c)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, 4 grams or

21  more of any morphine, opium, oxycodone, hydrocodone,

22  hydromorphone, or any salt, derivative, isomer, or salt of an

23  isomer thereof, including heroin, as described in s.

24  893.03(1)(b), or (2)(a), (3)(c)3., or (3)(c)4., or 4 grams or

25  more of any mixture containing any such substance, but less

26  than 30 kilograms of such substance or mixture, commits a

27  felony of the first degree, which felony shall be known as

28  "trafficking in illegal drugs," punishable as provided in s.

29  775.082, s. 775.083, or s. 775.084. If the quantity involved:

30         a.  Is 4 grams or more, but less than 14 grams, such

31  person shall be sentenced to a mandatory minimum term of

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

  2  pay a fine of $50,000.

  3         b.  Is 14 grams or more, but less than 28 grams, such

  4  person shall be sentenced to a mandatory minimum term of

  5  imprisonment of 15 years, and the defendant shall be ordered

  6  to pay a fine of $100,000.

  7         c.  Is 28 grams or more, but less than 30 kilograms,

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

  9  imprisonment of 25 calendar years and pay a fine of $500,000.

10         2.  Any person who knowingly sells, purchases,

11  manufactures, delivers, or brings into this state, or who is

12  knowingly in actual or constructive possession of, 30

13  kilograms or more of any morphine, opium, oxycodone,

14  hydrocodone, hydromorphone, or any salt, derivative, isomer,

15  or salt of an isomer thereof, including heroin, as described

16  in s. 893.03(1)(b), or (2)(a), (3)(c)3., or (3)(c)4., or 30

17  kilograms or more of any mixture containing any such

18  substance, commits the first degree felony of trafficking in

19  illegal drugs. A person who has been convicted of the first

20  degree felony of trafficking in illegal drugs under this

21  subparagraph shall be punished by life imprisonment and is

22  ineligible for any form of discretionary early release except

23  pardon or executive clemency or conditional medical release

24  under s. 947.149. However, if the court determines that, in

25  addition to committing any act specified in this paragraph:

26         a.  The person intentionally killed an individual or

27  counseled, commanded, induced, procured, or caused the

28  intentional killing of an individual and such killing was the

29  result; or

30         b.  The person's conduct in committing that act led to

31  a natural, though not inevitable, lethal result,

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  1

  2  such person commits the capital felony of trafficking in

  3  illegal drugs, punishable as provided in ss. 775.082 and

  4  921.142.  Any person sentenced for a capital felony under this

  5  paragraph shall also be sentenced to pay the maximum fine

  6  provided under subparagraph 1.

  7         3.  Any person who knowingly brings into this state 60

  8  kilograms or more of any morphine, opium, oxycodone,

  9  hydrocodone, hydromorphone, or any salt, derivative, isomer,

10  or salt of an isomer thereof, including heroin, as described

11  in s. 893.03(1)(b), or (2)(a), (3)(c)3., or (3)(c)4., or 60

12  kilograms or more of any mixture containing any such

13  substance, and who knows that the probable result of such

14  importation would be the death of any person, commits capital

15  importation of illegal drugs, a capital felony punishable as

16  provided in ss. 775.082 and 921.142. Any person sentenced for

17  a capital felony under this paragraph shall also be sentenced

18  to pay the maximum fine provided under subparagraph 1.

19         Section 3.  For the purpose of incorporating the

20  amendment to section 893.03, Florida Statutes, in references

21  thereto, paragraphs (b), (c), and (e) of subsection (3) of

22  section 921.0022, Florida Statutes, are reenacted to read:

23         921.0022  Criminal Punishment Code; offense severity

24  ranking chart.--

25         (3)  OFFENSE SEVERITY RANKING CHART

26

27  Florida           Felony

28  Statute           Degree             Description

29

30

31                              (b)  LEVEL 2

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  1  403.413(5)(c)      3rd      Dumps waste litter exceeding 500

  2                              lbs. in weight or 100 cubic feet

  3                              in volume or any quantity for

  4                              commercial purposes, or hazardous

  5                              waste.

  6  517.07             3rd      Registration of securities and

  7                              furnishing of prospectus

  8                              required.

  9  590.28(1)          3rd      Willful, malicious, or

10                              intentional burning.

11  784.05(3)          3rd      Storing or leaving a loaded

12                              firearm within reach of minor who

13                              uses it to inflict injury or

14                              death.

15  787.04(1)          3rd      In violation of court order,

16                              take, entice, etc., minor beyond

17                              state limits.

18  806.13(1)(b)3.     3rd      Criminal mischief; damage $1,000

19                              or more to public communication

20                              or any other public service.

21  810.09(2)(e)       3rd      Trespassing on posted commerical

22                              horticulture property.

23  812.014(2)(c)1.    3rd      Grand theft, 3rd degree; $300 or

24                              more but less than $5,000.

25  812.014(2)(d)      3rd      Grand theft, 3rd degree; $100 or

26                              more but less than $300, taken

27                              from unenclosed curtilage of

28                              dwelling.

29  817.234(1)(a)2.    3rd      False statement in support of

30                              insurance claim.

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  1  817.481(3)(a)      3rd      Obtain credit or purchase with

  2                              false, expired, counterfeit,

  3                              etc., credit card, value over

  4                              $300.

  5  817.52(3)          3rd      Failure to redeliver hired

  6                              vehicle.

  7  817.54             3rd      With intent to defraud, obtain

  8                              mortgage note, etc., by false

  9                              representation.

10  817.60(5)          3rd      Dealing in credit cards of

11                              another.

12  817.60(6)(a)       3rd      Forgery; purchase goods, services

13                              with false card.

14  817.61             3rd      Fraudulent use of credit cards

15                              over $100 or more within 6

16                              months.

17  826.04             3rd      Knowingly marries or has sexual

18                              intercourse with person to whom

19                              related.

20  831.01             3rd      Forgery.

21  831.02             3rd      Uttering forged instrument;

22                              utters or publishes alteration

23                              with intent to defraud.

24  831.07             3rd      Forging bank bills or promissory

25                              note.

26  831.08             3rd      Possession of 10 or more forged

27                              notes.

28  831.09             3rd      Uttering forged bills; passes as

29                              bank bill or promissory note.

30  832.05(3)(a)       3rd      Cashing or depositing item with

31                              intent to defraud.

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  1  843.08             3rd      Falsely impersonating an officer.

  2  893.13(2)(a)2.     3rd      Purchase of any s. 893.03(1)(c),

  3                              (2)(c)1., (2)(c)2., (2)(c)3.,

  4                              (2)(c)5., (2)(c)6., (2)(c)7.,

  5                              (2)(c)8., (2)(c)9., (3), or (4)

  6                              drugs other than cannabis.

  7  893.147(2)         3rd      Manufacture or delivery of drug

  8                              paraphernalia.

  9                              (c)  LEVEL 3

10  316.1935(2)        3rd      Fleeing or attempting to elude

11                              law enforcement officer in marked

12                              patrol vehicle with siren and

13                              lights activated.

14  319.30(4)          3rd      Possession by junkyard of motor

15                              vehicle with identification

16                              number plate removed.

17  319.33(1)(a)       3rd      Alter or forge any certificate of

18                              title to a motor vehicle or

19                              mobile home.

20  319.33(1)(c)       3rd      Procure or pass title on stolen

21                              vehicle.

22  319.33(4)          3rd      With intent to defraud, possess,

23                              sell, etc., a blank, forged, or

24                              unlawfully obtained title or

25                              registration.

26  328.05(2)          3rd      Possess, sell, or counterfeit

27                              fictitious, stolen, or fraudulent

28                              titles or bills of sale of

29                              vessels.

30

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  1  328.07(4)          3rd      Manufacture, exchange, or possess

  2                              vessel with counterfeit or wrong

  3                              ID number.

  4  376.302(5)         3rd      Fraud related to reimbursement

  5                              for cleanup expenses under the

  6                              Inland Protection Trust Fund.

  7  501.001(2)(b)      2nd      Tampers with a consumer product

  8                              or the container using materially

  9                              false/misleading information.

10  697.08             3rd      Equity skimming.

11  790.15(3)          3rd      Person directs another to

12                              discharge firearm from a vehicle.

13  796.05(1)          3rd      Live on earnings of a prostitute.

14  806.10(1)          3rd      Maliciously injure, destroy, or

15                              interfere with vehicles or

16                              equipment used in firefighting.

17  806.10(2)          3rd      Interferes with or assaults

18                              firefighter in performance of

19                              duty.

20  810.09(2)(c)       3rd      Trespass on property other than

21                              structure or conveyance armed

22                              with firearm or dangerous weapon.

23  812.014(2)(c)2.    3rd      Grand theft; $5,000 or more but

24                              less than $10,000.

25  815.04(4)(b)       2nd      Computer offense devised to

26                              defraud or obtain property.

27  817.034(4)(a)3.    3rd      Engages in scheme to defraud

28                              (Florida Communications Fraud

29                              Act), property valued at less

30                              than $20,000.

31  817.233            3rd      Burning to defraud insurer.

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  1  828.12(2)          3rd      Tortures any animal with intent

  2                              to inflict intense pain, serious

  3                              physical injury, or death.

  4  831.29             2nd      Possession of instruments for

  5                              counterfeiting drivers' licenses

  6                              or identification cards.

  7  838.021(3)(b)      3rd      Threatens unlawful harm to public

  8                              servant.

  9  843.19             3rd      Injure, disable, or kill police

10                              dog or horse.

11  870.01(2)          3rd      Riot; inciting or encouraging.

12  893.13(1)(a)2.     3rd      Sell, manufacture, or deliver

13                              cannabis (or other s.

14                              893.03(1)(c), (2)(c)1., (2)(c)2.,

15                              (2)(c)3., (2)(c)5., (2)(c)6.,

16                              (2)(c)7., (2)(c)8., (2)(c)9.,

17                              (3), or (4) drugs).

18  893.13(1)(d)2.     2nd      Sell, manufacture, or deliver s.

19                              893.03(1)(c), (2)(c)1., (2)(c)2.,

20                              (2)(c)3., (2)(c)5., (2)(c)6.,

21                              (2)(c)7., (2)(c)8., (2)(c)9.,

22                              (3), or (4) drugs within 200 feet

23                              of university or public park.

24  893.13(1)(f)2.     2nd      Sell, manufacture, or deliver s.

25                              893.03(1)(c), (2)(c)1., (2)(c)2.,

26                              (2)(c)3., (2)(c)5., (2)(c)6.,

27                              (2)(c)7., (2)(c)8., (2)(c)9.,

28                              (3), or (4) drugs within 200 feet

29                              of public housing facility.

30

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  1  893.13(6)(a)       3rd      Possession of any controlled

  2                              substance other than felony

  3                              possession of cannabis.

  4  893.13(7)(a)9.     3rd      Obtain or attempt to obtain

  5                              controlled substance by fraud,

  6                              forgery, misrepresentation, etc.

  7  893.13(7)(a)11.    3rd      Furnish false or fraudulent

  8                              material information on any

  9                              document or record required by

10                              chapter 893.

11  918.13(1)(a)       3rd      Alter, destroy, or conceal

12                              investigation evidence.

13  944.47

14   (1)(a)1.-2.       3rd      Introduce contraband to

15                              correctional facility.

16  944.47(1)(c)       2nd      Possess contraband while upon the

17                              grounds of a correctional

18                              institution.

19  985.3141           3rd      Escapes from a juvenile facility

20                              (secure detention or residential

21                              commitment facility).

22                              (e)  LEVEL 5

23  316.027(1)(a)      3rd      Accidents involving personal

24                              injuries, failure to stop;

25                              leaving scene.

26  316.1935(4)        2nd      Aggravated fleeing or eluding.

27  322.34(6)          3rd      Careless operation of motor

28                              vehicle with suspended license,

29                              resulting in death or serious

30                              bodily injury.

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  1  327.30(5)          3rd      Vessel accidents involving

  2                              personal injury; leaving scene.

  3  381.0041(11)(b)    3rd      Donate blood, plasma, or organs

  4                              knowing HIV positive.

  5  790.01(2)          3rd      Carrying a concealed firearm.

  6  790.162            2nd      Threat to throw or discharge

  7                              destructive device.

  8  790.163            2nd      False report of deadly explosive.

  9  790.165(2)         3rd      Manufacture, sell, possess, or

10                              deliver hoax bomb.

11  790.221(1)         2nd      Possession of short-barreled

12                              shotgun or machine gun.

13  790.23             2nd      Felons in possession of firearms

14                              or electronic weapons or devices.

15  800.04(6)(c)       3rd      Lewd or lascivious conduct;

16                              offender less than 18 years.

17  800.04(7)(c)       2nd      Lewd or lascivious exhibition;

18                              offender 18 years or older.

19  806.111(1)         3rd      Possess, manufacture, or dispense

20                              fire bomb with intent to damage

21                              any structure or property.

22  812.019(1)         2nd      Stolen property; dealing in or

23                              trafficking in.

24  812.131(2)(b)      3rd      Robbery by sudden snatching.

25  812.16(2)          3rd      Owning, operating, or conducting

26                              a chop shop.

27  817.034(4)(a)2.    2nd      Communications fraud, value

28                              $20,000 to $50,000.

29  825.1025(4)        3rd      Lewd or lascivious exhibition in

30                              the presence of an elderly person

31                              or disabled adult.

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  1  827.071(4)         2nd      Possess with intent to promote

  2                              any photographic material, motion

  3                              picture, etc., which includes

  4                              sexual conduct by a child.

  5  843.01             3rd      Resist officer with violence to

  6                              person; resist arrest with

  7                              violence.

  8  874.05(2)          2nd      Encouraging or recruiting another

  9                              to join a criminal street gang;

10                              second or subsequent offense.

11  893.13(1)(a)1.     2nd      Sell, manufacture, or deliver

12                              cocaine (or other s.

13                              893.03(1)(a), (1)(b), (1)(d),

14                              (2)(a), (2)(b), or (2)(c)4.

15                              drugs).

16  893.13(1)(c)2.     2nd      Sell, manufacture, or deliver

17                              cannabis (or other s.

18                              893.03(1)(c), (2)(c)1., (2)(c)2.,

19                              (2)(c)3., (2)(c)5., (2)(c)6.,

20                              (2)(c)7., (2)(c)8., (2)(c)9.,

21                              (3), or (4) drugs) within 1,000

22                              feet of a child care facility or

23                              school.

24  893.13(1)(d)1.     1st      Sell, manufacture, or deliver

25                              cocaine (or other s.

26                              893.03(1)(a), (1)(b), (1)(d),

27                              (2)(a), (2)(b), or (2)(c)4.

28                              drugs) within 200 feet of

29                              university or public park.

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  1  893.13(1)(e)2.     2nd      Sell, manufacture, or deliver

  2                              cannabis or other drug prohibited

  3                              under s. 893.03(1)(c), (2)(c)1.,

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

  5                              (2)(c)6., (2)(c)7., (2)(c)8.,

  6                              (2)(c)9., (3), or (4) within

  7                              1,000 feet of property used for

  8                              religious services or a specified

  9                              business site.

10  893.13(1)(f)1.     1st      Sell, manufacture, or deliver

11                              cocaine (or other s.

12                              893.03(1)(a), (1)(b), (1)(d), or

13                              (2)(a), (2)(b), or (2)(c)4.

14                              drugs) within 200 feet of public

15                              housing facility.

16  893.13(4)(b)       2nd      Deliver to minor cannabis (or

17                              other s. 893.03(1)(c), (2)(c)1.,

18                              (2)(c)2., (2)(c)3., (2)(c)5.,

19                              (2)(c)6., (2)(c)7., (2)(c)8.,

20                              (2)(c)9., (3), or (4) drugs).

21         Section 4.  This act shall take effect July 1, 2001.

22

23            *****************************************

24                          SENATE SUMMARY

25    Adds certain mixtures containing hydrocodone to the
      controlled substances listed under Schedule III.
26    Prohibits the sale, purchase, manufacture, or delivery of
      certain mixtures containing hydrocodone. (See bill for
27    details.)

28

29

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