CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. CS/HB 213
Amendment No. 01 (for drafter's use only)
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 .
.
4 ______________________________________________________________
5 ORIGINAL STAMP BELOW
6
7
8
9
10 ______________________________________________________________
11 The Council for Healthy Communities offered the following:
12
13 Amendment
14 remove: Everything after the enacting clause and insert in
15 lieu thereof:
16 Section 1. Paragraphs (c) and (d) of subsection (1) of
17 section 893.13, Florida Statutes, are amended to read:
18 893.13 Prohibited acts; penalties.--
19 (1)
20 (c) Except as authorized by this chapter, it is
21 unlawful for any person to sell, manufacture, or deliver, or
22 possess with intent to sell, manufacture, or deliver a
23 controlled substance in, on, or within 1,000 feet of the real
24 property comprising a child care facility as defined in s.
25 402.302 or a public or private elementary, middle, or
26 secondary school between the hours of 6 a.m. and 12 a.m., or
27 at any time in, on, or within 1,000 feet of real property
28 comprising a state, county, or municipal park or publicly
29 owned recreational facility. Any person who violates this
30 paragraph with respect to:
31 1. A controlled substance named or described in s.
1
File original & 9 copies 02/14/02
hgs0002 02:33 pm 00213-hcc -633835
HOUSE AMENDMENT
Bill No. CS/HB 213
Amendment No. 01 (for drafter's use only)
1 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
2 commits a felony of the first degree, punishable as provided
3 in s. 775.082, s. 775.083, or s. 775.084. The defendant must
4 be sentenced to a minimum term of imprisonment of 3 calendar
5 years unless the offense was committed within 1,000 feet of
6 the real property comprising a child care facility as defined
7 in s. 402.302.
8 2. 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 second degree, punishable as provided in s.
12 775.082, s. 775.083, or s. 775.084.
13 3. Any other controlled substance, except as lawfully
14 sold, manufactured, or delivered, must be sentenced to pay a
15 $500 fine and to serve 100 hours of public service in addition
16 to any other penalty prescribed by law.
17
18 This paragraph does not apply to a child care facility unless
19 the owner or operator of the facility posts a sign that is not
20 less than 2 square feet in size with a word legend identifying
21 the facility as a licensed child care facility and that is
22 posted on the property of the child care facility in a
23 conspicuous place where the sign is reasonably visible to the
24 public.
25 (d) Except as authorized by this chapter, it is
26 unlawful for any person to sell, manufacture, or deliver, or
27 possess with intent to sell, manufacture, or deliver, a
28 controlled substance in, on, or within 1,000 200 feet of the
29 real property comprising a public or private college,
30 university, or other postsecondary educational institution, or
31 within 200 feet of any public park. Any person who violates
2
File original & 9 copies 02/14/02
hgs0002 02:33 pm 00213-hcc -633835
HOUSE AMENDMENT
Bill No. CS/HB 213
Amendment No. 01 (for drafter's use only)
1 this paragraph with respect to:
2 1. A controlled substance named or described in s.
3 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
4 commits a felony of the first degree, punishable as provided
5 in s. 775.082, s. 775.083, or s. 775.084.
6 2. A controlled substance named or described in s.
7 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5.,
8 (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a
9 felony of the second degree, punishable as provided in s.
10 775.082, s. 775.083, or s. 775.084.
11 3. Any other controlled substance, except as lawfully
12 sold, manufactured, or delivered, must be sentenced to pay a
13 $500 fine and to serve 100 hours of public service in addition
14 to any other penalty prescribed by law.
15 (f) Except as authorized by this chapter, it is
16 unlawful for any person to sell, manufacture, or deliver, or
17 possess with intent to sell, manufacture, or deliver, a
18 controlled substance in, on, or within 1,000 200 feet of the
19 real property comprising a public housing facility at any
20 time. For purposes of this section, the term "real property
21 comprising a public housing facility" means real property, as
22 defined in s. 421.03(12), of a public corporation created as a
23 housing authority pursuant to part I of chapter 421. Any
24 person who violates this paragraph with respect to:
25 1. A controlled substance named or described in s.
26 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
27 commits a felony of the first degree, punishable as provided
28 in s. 775.082, s. 775.083, or s. 775.084.
29 2. A controlled substance named or described in s.
30 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5.,
31 (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a
3
File original & 9 copies 02/14/02
hgs0002 02:33 pm 00213-hcc -633835
HOUSE AMENDMENT
Bill No. CS/HB 213
Amendment No. 01 (for drafter's use only)
1 felony of the second degree, punishable as provided in s.
2 775.082, s. 775.083, or s. 775.084.
3 3. Any other controlled substance, except as lawfully
4 sold, manufactured, or delivered, must be sentenced to pay a
5 $500 fine and to serve 100 hours of public service in addition
6 to any other penalty prescribed by law.
7 (9) Notwithstanding any provision of the sentencing
8 guidelines or the Criminal Punishment Code to the contrary, on
9 or after October 1, 1993, any defendant who:
10 (a) Violates subparagraph (1)(a)1., subparagraph
11 (1)(c)2., subparagraph (1)(d)2., subparagraph (2)(a)1., or
12 paragraph (5)(a); and
13 (b) Has not previously been convicted, regardless of
14 whether adjudication was withheld, of any felony, other than a
15 violation of subparagraph (1)(a)1., subparagraph (1)(c)2.,
16 subparagraph (1)(d)2., subparagraph (2)(a)1., or paragraph
17 (5)(a),
18
19 may be required by the court to successfully complete a term
20 of probation pursuant to the terms and conditions set forth in
21 s. 948.034(1), in lieu of serving a term of imprisonment.
22 Section 2. Paragraphs (c) and (e) of subsection (3) of
23 section 921.0022, Florida Statutes, are amended to read:
24 921.0022 Criminal Punishment Code; offense severity
25 ranking chart.--
26 (3) OFFENSE SEVERITY RANKING CHART
27
28 Florida Felony
29 Statute Degree Description
30
31 (c) LEVEL 3
4
File original & 9 copies 02/14/02
hgs0002 02:33 pm 00213-hcc -633835
HOUSE AMENDMENT
Bill No. CS/HB 213
Amendment No. 01 (for drafter's use only)
1 316.1935(2) 3rd Fleeing or attempting to elude
2 law enforcement officer in marked
3 patrol vehicle with siren and
4 lights activated.
5 319.30(4) 3rd Possession by junkyard of motor
6 vehicle with identification
7 number plate removed.
8 319.33(1)(a) 3rd Alter or forge any certificate of
9 title to a motor vehicle or
10 mobile home.
11 319.33(1)(c) 3rd Procure or pass title on stolen
12 vehicle.
13 319.33(4) 3rd With intent to defraud, possess,
14 sell, etc., a blank, forged, or
15 unlawfully obtained title or
16 registration.
17 328.05(2) 3rd Possess, sell, or counterfeit
18 fictitious, stolen, or fraudulent
19 titles or bills of sale of
20 vessels.
21 328.07(4) 3rd Manufacture, exchange, or possess
22 vessel with counterfeit or wrong
23 ID number.
24 376.302(5) 3rd Fraud related to reimbursement
25 for cleanup expenses under the
26 Inland Protection Trust Fund.
27 501.001(2)(b) 2nd Tampers with a consumer product
28 or the container using materially
29 false/misleading information.
30 697.08 3rd Equity skimming.
31
5
File original & 9 copies 02/14/02
hgs0002 02:33 pm 00213-hcc -633835
HOUSE AMENDMENT
Bill No. CS/HB 213
Amendment No. 01 (for drafter's use only)
1 790.15(3) 3rd Person directs another to
2 discharge firearm from a vehicle.
3 796.05(1) 3rd Live on earnings of a prostitute.
4 806.10(1) 3rd Maliciously injure, destroy, or
5 interfere with vehicles or
6 equipment used in firefighting.
7 806.10(2) 3rd Interferes with or assaults
8 firefighter in performance of
9 duty.
10 810.09(2)(c) 3rd Trespass on property other than
11 structure or conveyance armed
12 with firearm or dangerous weapon.
13 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but
14 less than $10,000.
15 815.04(4)(b) 2nd Computer offense devised to
16 defraud or obtain property.
17 817.034(4)(a)3. 3rd Engages in scheme to defraud
18 (Florida Communications Fraud
19 Act), property valued at less
20 than $20,000.
21 817.233 3rd Burning to defraud insurer.
22 817.234(8)&(9) 3rd Unlawful solicitation of persons
23 involved in motor vehicle
24 accidents.
25 817.234(11)(a) 3rd Insurance fraud; property value
26 less than $20,000.
27 817.505(4) 3rd Patient brokering.
28 828.12(2) 3rd Tortures any animal with intent
29 to inflict intense pain, serious
30 physical injury, or death.
31
6
File original & 9 copies 02/14/02
hgs0002 02:33 pm 00213-hcc -633835
HOUSE AMENDMENT
Bill No. CS/HB 213
Amendment No. 01 (for drafter's use only)
1 831.28(2)(a) 3rd Counterfeiting a payment
2 instrument with intent to defraud
3 or possessing a counterfeit
4 payment instrument.
5 831.29 2nd Possession of instruments for
6 counterfeiting drivers' licenses
7 or identification cards.
8 838.021(3)(b) 3rd Threatens unlawful harm to public
9 servant.
10 843.19 3rd Injure, disable, or kill police
11 dog or horse.
12 870.01(2) 3rd Riot; inciting or encouraging.
13 893.13(1)(a)2. 3rd Sell, manufacture, or deliver
14 cannabis (or other s.
15 893.03(1)(c), (2)(c)1., (2)(c)2.,
16 (2)(c)3., (2)(c)5., (2)(c)6.,
17 (2)(c)7., (2)(c)8., (2)(c)9.,
18 (3), or (4) drugs).
19 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s.
20 893.03(1)(c), (2)(c)1., (2)(c)2.,
21 (2)(c)3., (2)(c)5., (2)(c)6.,
22 (2)(c)7., (2)(c)8., (2)(c)9.,
23 (3), or (4) drugs within 1,000
24 200 feet of university or public
25 park.
26 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s.
27 893.03(1)(c), (2)(c)1., (2)(c)2.,
28 (2)(c)3., (2)(c)5., (2)(c)6.,
29 (2)(c)7., (2)(c)8., (2)(c)9.,
30 (3), or (4) drugs within 1,000
31 200 feet of public housing
7
File original & 9 copies 02/14/02
hgs0002 02:33 pm 00213-hcc -633835
HOUSE AMENDMENT
Bill No. CS/HB 213
Amendment No. 01 (for drafter's use only)
1 facility.
2 893.13(6)(a) 3rd Possession of any controlled
3 substance other than felony
4 possession of cannabis.
5 893.13(7)(a)9. 3rd Obtain or attempt to obtain
6 controlled substance by fraud,
7 forgery, misrepresentation, etc.
8 893.13(7)(a)11. 3rd Furnish false or fraudulent
9 material information on any
10 document or record required by
11 chapter 893.
12 918.13(1)(a) 3rd Alter, destroy, or conceal
13 investigation evidence.
14 944.47
15 (1)(a)1.-2. 3rd Introduce contraband to
16 correctional facility.
17 944.47(1)(c) 2nd Possess contraband while upon the
18 grounds of a correctional
19 institution.
20 985.3141 3rd Escapes from a juvenile facility
21 (secure detention or residential
22 commitment facility).
23 (e) LEVEL 5
24 316.027(1)(a) 3rd Accidents involving personal
25 injuries, failure to stop;
26 leaving scene.
27 316.1935(4) 2nd Aggravated fleeing or eluding.
28 322.34(6) 3rd Careless operation of motor
29 vehicle with suspended license,
30 resulting in death or serious
31 bodily injury.
8
File original & 9 copies 02/14/02
hgs0002 02:33 pm 00213-hcc -633835
HOUSE AMENDMENT
Bill No. CS/HB 213
Amendment No. 01 (for drafter's use only)
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.
22 812.015(8) 3rd Retail theft; property stolen is
23 valued at $300 or more and one or
24 more specified acts.
25 812.019(1) 2nd Stolen property; dealing in or
26 trafficking in.
27 812.131(2)(b) 3rd Robbery by sudden snatching.
28 812.16(2) 3rd Owning, operating, or conducting
29 a chop shop.
30 817.034(4)(a)2. 2nd Communications fraud, value
31 $20,000 to $50,000.
9
File original & 9 copies 02/14/02
hgs0002 02:33 pm 00213-hcc -633835
HOUSE AMENDMENT
Bill No. CS/HB 213
Amendment No. 01 (for drafter's use only)
1 817.234(11)(b) 2nd Insurance fraud; property value
2 $20,000 or more but less than
3 $100,000.
4 817.568(2)(b) 2nd Fraudulent use of personal
5 identification information; value
6 of benefit, services received,
7 payment avoided, or amount of
8 injury or fraud, $75,000 or more.
9 817.625(2)(b) 2nd Second or subsequent fraudulent
10 use of scanning device or
11 reencoder.
12 825.1025(4) 3rd Lewd or lascivious exhibition in
13 the presence of an elderly person
14 or disabled adult.
15 827.071(4) 2nd Possess with intent to promote
16 any photographic material, motion
17 picture, etc., which includes
18 sexual conduct by a child.
19 843.01 3rd Resist officer with violence to
20 person; resist arrest with
21 violence.
22 874.05(2) 2nd Encouraging or recruiting another
23 to join a criminal street gang;
24 second or subsequent offense.
25 893.13(1)(a)1. 2nd Sell, manufacture, or deliver
26 cocaine (or other s.
27 893.03(1)(a), (1)(b), (1)(d),
28 (2)(a), (2)(b), or (2)(c)4.
29 drugs).
30 893.13(1)(c)2. 2nd Sell, manufacture, or deliver
31 cannabis (or other s.
10
File original & 9 copies 02/14/02
hgs0002 02:33 pm 00213-hcc -633835
HOUSE AMENDMENT
Bill No. CS/HB 213
Amendment No. 01 (for drafter's use only)
1 893.03(1)(c), (2)(c)1., (2)(c)2.,
2 (2)(c)3., (2)(c)5., (2)(c)6.,
3 (2)(c)7., (2)(c)8., (2)(c)9.,
4 (3), or (4) drugs) within 1,000
5 feet of a child care facility, or
6 school, or state, county, or
7 municipal park or publicly owned
8 recreational facility.
9 893.13(1)(d)1. 1st Sell, manufacture, or deliver
10 cocaine (or other s.
11 893.03(1)(a), (1)(b), (1)(d),
12 (2)(a), (2)(b), or (2)(c)4.
13 drugs) within 1,000 200 feet of
14 university or public park.
15 893.13(1)(e)2. 2nd Sell, manufacture, or deliver
16 cannabis or other drug prohibited
17 under 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) within
21 1,000 feet of property used for
22 religious services or a specified
23 business site.
24 893.13(1)(f)1. 1st Sell, manufacture, or deliver
25 cocaine (or other s.
26 893.03(1)(a), (1)(b), (1)(d), or
27 (2)(a), (2)(b), or (2)(c)4.
28 drugs) within 1,000 200 feet of
29 public housing facility.
30 893.13(4)(b) 2nd Deliver to minor cannabis (or
31 other s. 893.03(1)(c), (2)(c)1.,
11
File original & 9 copies 02/14/02
hgs0002 02:33 pm 00213-hcc -633835
HOUSE AMENDMENT
Bill No. CS/HB 213
Amendment No. 01 (for drafter's use only)
1 (2)(c)2., (2)(c)3., (2)(c)5.,
2 (2)(c)6., (2)(c)7., (2)(c)8.,
3 (2)(c)9., (3), or (4) drugs).
4 Section 3. This act shall take effect October 1, 2002.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
12
File original & 9 copies 02/14/02
hgs0002 02:33 pm 00213-hcc -633835