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,
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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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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
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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.
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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.
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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.
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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.)
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