House Bill hb0213
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Florida House of Representatives - 2002 HB 213
By Representative Brummer
1 A bill to be entitled
2 An act relating to controlled substances;
3 amending s. 893.13, F.S.; prohibiting the sale,
4 manufacture, or delivery of controlled
5 substances, or possession of controlled
6 substances with intent to sell, manufacture, or
7 deliver, within 1,000 feet of any state,
8 county, or municipal park or recreational
9 facility; providing penalties; amending s.
10 921.0022, F.S.; ranking such offenses on the
11 offense severity ranking chart of the Criminal
12 Punishment Code; providing an effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
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, or a state, county, or municipal park or
27 recreational facility between the hours of 6 a.m. and 12 a.m.
28 Any person who violates this paragraph with respect to:
29 1. A controlled substance named or described in s.
30 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
31 commits a felony of the first degree, punishable as provided
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Florida House of Representatives - 2002 HB 213
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1 in s. 775.082, s. 775.083, or s. 775.084. The defendant must
2 be sentenced to a minimum term of imprisonment of 3 calendar
3 years unless the offense was committed within 1,000 feet of
4 the real property comprising a child care facility as defined
5 in s. 402.302.
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
16 This paragraph does not apply to a child care facility unless
17 the owner or operator of the facility posts a sign that is not
18 less than 2 square feet in size with a word legend identifying
19 the facility as a licensed child care facility and that is
20 posted on the property of the child care facility in a
21 conspicuous place where the sign is reasonably visible to the
22 public.
23 (d) Except as authorized by this chapter, it is
24 unlawful for any person to sell, manufacture, or deliver, or
25 possess with intent to sell, manufacture, or deliver, a
26 controlled substance in, on, or within 200 feet of the real
27 property comprising a public or private college, university,
28 or other postsecondary educational institution, or within 200
29 feet of any public park. Any person who violates this
30 paragraph with respect to:
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Florida House of Representatives - 2002 HB 213
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1 1. A controlled substance named or described in s.
2 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
3 commits a felony of the first degree, punishable as provided
4 in s. 775.082, s. 775.083, or s. 775.084.
5 2. A controlled substance named or described in s.
6 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5.,
7 (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a
8 felony of the second degree, punishable as provided in s.
9 775.082, s. 775.083, or s. 775.084.
10 3. Any other controlled substance, except as lawfully
11 sold, manufactured, or delivered, must be sentenced to pay a
12 $500 fine and to serve 100 hours of public service in addition
13 to any other penalty prescribed by law.
14 (9) Notwithstanding any provision of the sentencing
15 guidelines or the Criminal Punishment Code to the contrary, on
16 or after October 1, 1993, any defendant who:
17 (a) Violates subparagraph (1)(a)1., subparagraph
18 (1)(c)2., subparagraph (1)(d)2., subparagraph (2)(a)1., or
19 paragraph (5)(a); and
20 (b) Has not previously been convicted, regardless of
21 whether adjudication was withheld, of any felony, other than a
22 violation of subparagraph (1)(a)1., subparagraph (1)(c)2.,
23 subparagraph (1)(d)2., subparagraph (2)(a)1., or paragraph
24 (5)(a),
25
26 may be required by the court to successfully complete a term
27 of probation pursuant to the terms and conditions set forth in
28 s. 948.034(1), in lieu of serving a term of imprisonment.
29 Section 2. Paragraphs (c) and (e) of subsection (3) of
30 section 921.0022, Florida Statutes, are amended to read:
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Florida House of Representatives - 2002 HB 213
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1 921.0022 Criminal Punishment Code; offense severity
2 ranking chart.--
3 (3) OFFENSE SEVERITY RANKING CHART
4
5 Florida Felony
6 Statute Degree Description
7
8 (c) LEVEL 3
9 316.1935(2) 3rd Fleeing or attempting to elude
10 law enforcement officer in marked
11 patrol vehicle with siren and
12 lights activated.
13 319.30(4) 3rd Possession by junkyard of motor
14 vehicle with identification
15 number plate removed.
16 319.33(1)(a) 3rd Alter or forge any certificate of
17 title to a motor vehicle or
18 mobile home.
19 319.33(1)(c) 3rd Procure or pass title on stolen
20 vehicle.
21 319.33(4) 3rd With intent to defraud, possess,
22 sell, etc., a blank, forged, or
23 unlawfully obtained title or
24 registration.
25 328.05(2) 3rd Possess, sell, or counterfeit
26 fictitious, stolen, or fraudulent
27 titles or bills of sale of
28 vessels.
29 328.07(4) 3rd Manufacture, exchange, or possess
30 vessel with counterfeit or wrong
31 ID number.
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Florida House of Representatives - 2002 HB 213
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1 376.302(5) 3rd Fraud related to reimbursement
2 for cleanup expenses under the
3 Inland Protection Trust Fund.
4 501.001(2)(b) 2nd Tampers with a consumer product
5 or the container using materially
6 false/misleading information.
7 697.08 3rd Equity skimming.
8 790.15(3) 3rd Person directs another to
9 discharge firearm from a vehicle.
10 796.05(1) 3rd Live on earnings of a prostitute.
11 806.10(1) 3rd Maliciously injure, destroy, or
12 interfere with vehicles or
13 equipment used in firefighting.
14 806.10(2) 3rd Interferes with or assaults
15 firefighter in performance of
16 duty.
17 810.09(2)(c) 3rd Trespass on property other than
18 structure or conveyance armed
19 with firearm or dangerous weapon.
20 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but
21 less than $10,000.
22 815.04(4)(b) 2nd Computer offense devised to
23 defraud or obtain property.
24 817.034(4)(a)3. 3rd Engages in scheme to defraud
25 (Florida Communications Fraud
26 Act), property valued at less
27 than $20,000.
28 817.233 3rd Burning to defraud insurer.
29 817.234(8)&(9) 3rd Unlawful solicitation of persons
30 involved in motor vehicle
31 accidents.
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Florida House of Representatives - 2002 HB 213
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1 817.234(11)(a) 3rd Insurance fraud; property value
2 less than $20,000.
3 817.505(4) 3rd Patient brokering.
4 828.12(2) 3rd Tortures any animal with intent
5 to inflict intense pain, serious
6 physical injury, or death.
7 831.28(2)(a) 3rd Counterfeiting a payment
8 instrument with intent to defraud
9 or possessing a counterfeit
10 payment instrument.
11 831.29 2nd Possession of instruments for
12 counterfeiting drivers' licenses
13 or identification cards.
14 838.021(3)(b) 3rd Threatens unlawful harm to public
15 servant.
16 843.19 3rd Injure, disable, or kill police
17 dog or horse.
18 870.01(2) 3rd Riot; inciting or encouraging.
19 893.13(1)(a)2. 3rd Sell, manufacture, or deliver
20 cannabis (or other s.
21 893.03(1)(c), (2)(c)1., (2)(c)2.,
22 (2)(c)3., (2)(c)5., (2)(c)6.,
23 (2)(c)7., (2)(c)8., (2)(c)9.,
24 (3), or (4) drugs).
25 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s.
26 893.03(1)(c), (2)(c)1., (2)(c)2.,
27 (2)(c)3., (2)(c)5., (2)(c)6.,
28 (2)(c)7., (2)(c)8., (2)(c)9.,
29 (3), or (4) drugs within 200 feet
30 of university or public park.
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Florida House of Representatives - 2002 HB 213
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1 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s.
2 893.03(1)(c), (2)(c)1., (2)(c)2.,
3 (2)(c)3., (2)(c)5., (2)(c)6.,
4 (2)(c)7., (2)(c)8., (2)(c)9.,
5 (3), or (4) drugs within 200 feet
6 of public housing facility.
7 893.13(6)(a) 3rd Possession of any controlled
8 substance other than felony
9 possession of cannabis.
10 893.13(7)(a)9. 3rd Obtain or attempt to obtain
11 controlled substance by fraud,
12 forgery, misrepresentation, etc.
13 893.13(7)(a)11. 3rd Furnish false or fraudulent
14 material information on any
15 document or record required by
16 chapter 893.
17 918.13(1)(a) 3rd Alter, destroy, or conceal
18 investigation evidence.
19 944.47
20 (1)(a)1.-2. 3rd Introduce contraband to
21 correctional facility.
22 944.47(1)(c) 2nd Possess contraband while upon the
23 grounds of a correctional
24 institution.
25 985.3141 3rd Escapes from a juvenile facility
26 (secure detention or residential
27 commitment facility).
28 (e) LEVEL 5
29 316.027(1)(a) 3rd Accidents involving personal
30 injuries, failure to stop;
31 leaving scene.
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Florida House of Representatives - 2002 HB 213
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1 316.1935(4) 2nd Aggravated fleeing or eluding.
2 322.34(6) 3rd Careless operation of motor
3 vehicle with suspended license,
4 resulting in death or serious
5 bodily injury.
6 327.30(5) 3rd Vessel accidents involving
7 personal injury; leaving scene.
8 381.0041(11)(b) 3rd Donate blood, plasma, or organs
9 knowing HIV positive.
10 790.01(2) 3rd Carrying a concealed firearm.
11 790.162 2nd Threat to throw or discharge
12 destructive device.
13 790.163 2nd False report of deadly explosive.
14 790.165(2) 3rd Manufacture, sell, possess, or
15 deliver hoax bomb.
16 790.221(1) 2nd Possession of short-barreled
17 shotgun or machine gun.
18 790.23 2nd Felons in possession of firearms
19 or electronic weapons or devices.
20 800.04(6)(c) 3rd Lewd or lascivious conduct;
21 offender less than 18 years.
22 800.04(7)(c) 2nd Lewd or lascivious exhibition;
23 offender 18 years or older.
24 806.111(1) 3rd Possess, manufacture, or dispense
25 fire bomb with intent to damage
26 any structure or property.
27 812.015(8) 3rd Retail theft; property stolen is
28 valued at $300 or more and one or
29 more specified acts.
30 812.019(1) 2nd Stolen property; dealing in or
31 trafficking in.
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Florida House of Representatives - 2002 HB 213
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1 812.131(2)(b) 3rd Robbery by sudden snatching.
2 812.16(2) 3rd Owning, operating, or conducting
3 a chop shop.
4 817.034(4)(a)2. 2nd Communications fraud, value
5 $20,000 to $50,000.
6 817.234(11)(b) 2nd Insurance fraud; property value
7 $20,000 or more but less than
8 $100,000.
9 817.568(2)(b) 2nd Fraudulent use of personal
10 identification information; value
11 of benefit, services received,
12 payment avoided, or amount of
13 injury or fraud, $75,000 or more.
14 817.625(2)(b) 2nd Second or subsequent fraudulent
15 use of scanning device or
16 reencoder.
17 825.1025(4) 3rd Lewd or lascivious exhibition in
18 the presence of an elderly person
19 or disabled adult.
20 827.071(4) 2nd Possess with intent to promote
21 any photographic material, motion
22 picture, etc., which includes
23 sexual conduct by a child.
24 843.01 3rd Resist officer with violence to
25 person; resist arrest with
26 violence.
27 874.05(2) 2nd Encouraging or recruiting another
28 to join a criminal street gang;
29 second or subsequent offense.
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Florida House of Representatives - 2002 HB 213
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1 893.13(1)(a)1. 2nd Sell, manufacture, or deliver
2 cocaine (or other s.
3 893.03(1)(a), (1)(b), (1)(d),
4 (2)(a), (2)(b), or (2)(c)4.
5 drugs).
6 893.13(1)(c)2. 2nd Sell, manufacture, or deliver
7 cannabis (or other s.
8 893.03(1)(c), (2)(c)1., (2)(c)2.,
9 (2)(c)3., (2)(c)5., (2)(c)6.,
10 (2)(c)7., (2)(c)8., (2)(c)9.,
11 (3), or (4) drugs) within 1,000
12 feet of a child care facility, or
13 school, or state, county, or
14 municipal park or recreational
15 facility.
16 893.13(1)(d)1. 1st Sell, manufacture, or deliver
17 cocaine (or other s.
18 893.03(1)(a), (1)(b), (1)(d),
19 (2)(a), (2)(b), or (2)(c)4.
20 drugs) within 200 feet of
21 university or public park.
22 893.13(1)(e)2. 2nd Sell, manufacture, or deliver
23 cannabis or other drug prohibited
24 under s. 893.03(1)(c), (2)(c)1.,
25 (2)(c)2., (2)(c)3., (2)(c)5.,
26 (2)(c)6., (2)(c)7., (2)(c)8.,
27 (2)(c)9., (3), or (4) within
28 1,000 feet of property used for
29 religious services or a specified
30 business site.
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Florida House of Representatives - 2002 HB 213
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1 893.13(1)(f)1. 1st Sell, manufacture, or deliver
2 cocaine (or other s.
3 893.03(1)(a), (1)(b), (1)(d), or
4 (2)(a), (2)(b), or (2)(c)4.
5 drugs) within 200 feet of public
6 housing facility.
7 893.13(4)(b) 2nd Deliver to minor cannabis (or
8 other s. 893.03(1)(c), (2)(c)1.,
9 (2)(c)2., (2)(c)3., (2)(c)5.,
10 (2)(c)6., (2)(c)7., (2)(c)8.,
11 (2)(c)9., (3), or (4) drugs).
12 Section 3. This act shall take effect October 1, 2002.
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15 HOUSE SUMMARY
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Prohibits the sale, manufacture, or delivery of
17 controlled substances, or possession of controlled
substances with intent to sell, manufacture, or deliver,
18 within 1,000 feet of any state, county, or municipal park
or recreational facility. Provides penalties. Ranks
19 such offenses on the offense severity ranking chart of
the Criminal Punishment Code.
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