House Bill hb0213c1
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Florida House of Representatives - 2002 CS/HB 213
By the Committee on Crime Prevention, Corrections & Safety
and Representatives Brummer, Wiles and Kravitz
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 publicly owned
9 recreational facility; providing penalties;
10 amending s. 921.0022, F.S.; ranking such
11 offenses on the offense severity ranking chart
12 of the Criminal Punishment Code; providing an
13 effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Paragraphs (c) and (d) of subsection (1) of
18 section 893.13, Florida Statutes, are amended to read:
19 893.13 Prohibited acts; penalties.--
20 (1)
21 (c) Except as authorized by this chapter, it is
22 unlawful for any person to sell, manufacture, or deliver, or
23 possess with intent to sell, manufacture, or deliver a
24 controlled substance in, on, or within 1,000 feet of the real
25 property comprising a child care facility as defined in s.
26 402.302, or a public or private elementary, middle, or
27 secondary school, or a state, county, or municipal park or
28 publicly owned recreational facility between the hours of 6
29 a.m. and 12 a.m. Any person who violates this paragraph with
30 respect to:
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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. The defendant must
5 be sentenced to a minimum term of imprisonment of 3 calendar
6 years unless the offense was committed within 1,000 feet of
7 the real property comprising a child care facility as defined
8 in s. 402.302.
9 2. A controlled substance named or described in s.
10 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5.,
11 (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a
12 felony of the second degree, punishable as provided in s.
13 775.082, s. 775.083, or s. 775.084.
14 3. Any other controlled substance, except as lawfully
15 sold, manufactured, or delivered, must be sentenced to pay a
16 $500 fine and to serve 100 hours of public service in addition
17 to any other penalty prescribed by law.
18
19 This paragraph does not apply to a child care facility unless
20 the owner or operator of the facility posts a sign that is not
21 less than 2 square feet in size with a word legend identifying
22 the facility as a licensed child care facility and that is
23 posted on the property of the child care facility in a
24 conspicuous place where the sign is reasonably visible to the
25 public.
26 (d) Except as authorized by this chapter, it is
27 unlawful for any person to sell, manufacture, or deliver, or
28 possess with intent to sell, manufacture, or deliver, a
29 controlled substance in, on, or within 200 feet of the real
30 property comprising a public or private college, university,
31 or other postsecondary educational institution, or within 200
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1 feet of any public park. Any person who violates this
2 paragraph with respect to:
3 1. A controlled substance named or described in s.
4 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
5 commits a felony of the first degree, punishable as provided
6 in s. 775.082, s. 775.083, or s. 775.084.
7 2. A controlled substance named or described in s.
8 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5.,
9 (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a
10 felony of the second degree, punishable as provided in s.
11 775.082, s. 775.083, or s. 775.084.
12 3. Any other controlled substance, except as lawfully
13 sold, manufactured, or delivered, must be sentenced to pay a
14 $500 fine and to serve 100 hours of public service in addition
15 to any other penalty prescribed by law.
16 (9) Notwithstanding any provision of the sentencing
17 guidelines or the Criminal Punishment Code to the contrary, on
18 or after October 1, 1993, any defendant who:
19 (a) Violates subparagraph (1)(a)1., subparagraph
20 (1)(c)2., subparagraph (1)(d)2., subparagraph (2)(a)1., or
21 paragraph (5)(a); and
22 (b) Has not previously been convicted, regardless of
23 whether adjudication was withheld, of any felony, other than a
24 violation of subparagraph (1)(a)1., subparagraph (1)(c)2.,
25 subparagraph (1)(d)2., subparagraph (2)(a)1., or paragraph
26 (5)(a),
27
28 may be required by the court to successfully complete a term
29 of probation pursuant to the terms and conditions set forth in
30 s. 948.034(1), in lieu of serving a term of imprisonment.
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1 Section 2. Paragraphs (c), (e), and (g) of subsection
2 (3) of section 921.0022, Florida Statutes, are amended to
3 read:
4 921.0022 Criminal Punishment Code; offense severity
5 ranking chart.--
6 (3) OFFENSE SEVERITY RANKING CHART
7
8 Florida Felony
9 Statute Degree Description
10
11 (c) LEVEL 3
12 316.1935(2) 3rd Fleeing or attempting to elude
13 law enforcement officer in marked
14 patrol vehicle with siren and
15 lights activated.
16 319.30(4) 3rd Possession by junkyard of motor
17 vehicle with identification
18 number plate removed.
19 319.33(1)(a) 3rd Alter or forge any certificate of
20 title to a motor vehicle or
21 mobile home.
22 319.33(1)(c) 3rd Procure or pass title on stolen
23 vehicle.
24 319.33(4) 3rd With intent to defraud, possess,
25 sell, etc., a blank, forged, or
26 unlawfully obtained title or
27 registration.
28 328.05(2) 3rd Possess, sell, or counterfeit
29 fictitious, stolen, or fraudulent
30 titles or bills of sale of
31 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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1 817.234(8)&(9) 3rd Unlawful solicitation of persons
2 involved in motor vehicle
3 accidents.
4 817.234(11)(a) 3rd Insurance fraud; property value
5 less than $20,000.
6 817.505(4) 3rd Patient brokering.
7 828.12(2) 3rd Tortures any animal with intent
8 to inflict intense pain, serious
9 physical injury, or death.
10 831.28(2)(a) 3rd Counterfeiting a payment
11 instrument with intent to defraud
12 or possessing a counterfeit
13 payment instrument.
14 831.29 2nd Possession of instruments for
15 counterfeiting drivers' licenses
16 or identification cards.
17 838.021(3)(b) 3rd Threatens unlawful harm to public
18 servant.
19 843.19 3rd Injure, disable, or kill police
20 dog or horse.
21 870.01(2) 3rd Riot; inciting or encouraging.
22 893.13(1)(a)2. 3rd Sell, manufacture, or deliver
23 cannabis (or other s.
24 893.03(1)(c), (2)(c)1., (2)(c)2.,
25 (2)(c)3., (2)(c)5., (2)(c)6.,
26 (2)(c)7., (2)(c)8., (2)(c)9.,
27 (3), or (4) drugs).
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1 893.13(1)(d)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 university or public park.
7 893.13(1)(f)2. 2nd Sell, manufacture, or deliver 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 200 feet
12 of public housing facility.
13 893.13(6)(a) 3rd Possession of any controlled
14 substance other than felony
15 possession of cannabis.
16 893.13(7)(a)9. 3rd Obtain or attempt to obtain
17 controlled substance by fraud,
18 forgery, misrepresentation, etc.
19 893.13(7)(a)11. 3rd Furnish false or fraudulent
20 material information on any
21 document or record required by
22 chapter 893.
23 918.13(1)(a) 3rd Alter, destroy, or conceal
24 investigation evidence.
25 944.47
26 (1)(a)1.-2. 3rd Introduce contraband to
27 correctional facility.
28 944.47(1)(c) 2nd Possess contraband while upon the
29 grounds of a correctional
30 institution.
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1 985.3141 3rd Escapes from a juvenile facility
2 (secure detention or residential
3 commitment facility).
4 (e) LEVEL 5
5 316.027(1)(a) 3rd Accidents involving personal
6 injuries, failure to stop;
7 leaving scene.
8 316.1935(4) 2nd Aggravated fleeing or eluding.
9 322.34(6) 3rd Careless operation of motor
10 vehicle with suspended license,
11 resulting in death or serious
12 bodily injury.
13 327.30(5) 3rd Vessel accidents involving
14 personal injury; leaving scene.
15 381.0041(11)(b) 3rd Donate blood, plasma, or organs
16 knowing HIV positive.
17 790.01(2) 3rd Carrying a concealed firearm.
18 790.162 2nd Threat to throw or discharge
19 destructive device.
20 790.163 2nd False report of deadly explosive.
21 790.165(2) 3rd Manufacture, sell, possess, or
22 deliver hoax bomb.
23 790.221(1) 2nd Possession of short-barreled
24 shotgun or machine gun.
25 790.23 2nd Felons in possession of firearms
26 or electronic weapons or devices.
27 800.04(6)(c) 3rd Lewd or lascivious conduct;
28 offender less than 18 years.
29 800.04(7)(c) 2nd Lewd or lascivious exhibition;
30 offender 18 years or older.
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1 806.111(1) 3rd Possess, manufacture, or dispense
2 fire bomb with intent to damage
3 any structure or property.
4 812.015(8) 3rd Retail theft; property stolen is
5 valued at $300 or more and one or
6 more specified acts.
7 812.019(1) 2nd Stolen property; dealing in or
8 trafficking in.
9 812.131(2)(b) 3rd Robbery by sudden snatching.
10 812.16(2) 3rd Owning, operating, or conducting
11 a chop shop.
12 817.034(4)(a)2. 2nd Communications fraud, value
13 $20,000 to $50,000.
14 817.234(11)(b) 2nd Insurance fraud; property value
15 $20,000 or more but less than
16 $100,000.
17 817.568(2)(b) 2nd Fraudulent use of personal
18 identification information; value
19 of benefit, services received,
20 payment avoided, or amount of
21 injury or fraud, $75,000 or more.
22 817.625(2)(b) 2nd Second or subsequent fraudulent
23 use of scanning device or
24 reencoder.
25 825.1025(4) 3rd Lewd or lascivious exhibition in
26 the presence of an elderly person
27 or disabled adult.
28 827.071(4) 2nd Possess with intent to promote
29 any photographic material, motion
30 picture, etc., which includes
31 sexual conduct by a child.
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1 843.01 3rd Resist officer with violence to
2 person; resist arrest with
3 violence.
4 874.05(2) 2nd Encouraging or recruiting another
5 to join a criminal street gang;
6 second or subsequent offense.
7 893.13(1)(a)1. 2nd Sell, manufacture, or deliver
8 cocaine (or other s.
9 893.03(1)(a), (1)(b), (1)(d),
10 (2)(a), (2)(b), or (2)(c)4.
11 drugs).
12 893.13(1)(c)2. 2nd 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) within 1,000
18 feet of a child care facility, or
19 school, or state, county, or
20 municipal park or publicly owned
21 recreational facility.
22 893.13(1)(d)1. 1st Sell, manufacture, or deliver
23 cocaine (or other s.
24 893.03(1)(a), (1)(b), (1)(d),
25 (2)(a), (2)(b), or (2)(c)4.
26 drugs) within 200 feet of
27 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 (g) LEVEL 7
22 316.193(3)(c)2. 3rd DUI resulting in serious bodily
23 injury.
24 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
25 bodily injury.
26 402.319(2) 2nd Misrepresentation and negligence
27 or intentional act resulting in
28 great bodily harm, permanent
29 disfiguration, permanent
30 disability, or death.
31 409.920(2) 3rd Medicaid provider fraud.
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1 456.065(2) 3rd Practicing a health care
2 profession without a license.
3 456.065(2) 2nd Practicing a health care
4 profession without a license
5 which results in serious bodily
6 injury.
7 458.327(1) 3rd Practicing medicine without a
8 license.
9 459.013(1) 3rd Practicing osteopathic medicine
10 without a license.
11 460.411(1) 3rd Practicing chiropractic medicine
12 without a license.
13 461.012(1) 3rd Practicing podiatric medicine
14 without a license.
15 462.17 3rd Practicing naturopathy without a
16 license.
17 463.015(1) 3rd Practicing optometry without a
18 license.
19 464.016(1) 3rd Practicing nursing without a
20 license.
21 465.015(2) 3rd Practicing pharmacy without a
22 license.
23 466.026(1) 3rd Practicing dentistry or dental
24 hygiene without a license.
25 467.201 3rd Practicing midwifery without a
26 license.
27 468.366 3rd Delivering respiratory care
28 services without a license.
29 483.828(1) 3rd Practicing as clinical laboratory
30 personnel without a license.
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1 483.901(9) 3rd Practicing medical physics
2 without a license.
3 484.013(1)(c) 3rd Preparing or dispensing optical
4 devices without a prescription.
5 484.053 3rd Dispensing hearing aids without a
6 license.
7 494.0018(2) 1st Conviction of any violation of
8 ss. 494.001-494.0077 in which the
9 total money and property
10 unlawfully obtained exceeded
11 $50,000 and there were five or
12 more victims.
13 560.123(8)(b)1. 3rd Failure to report currency or
14 payment instruments exceeding
15 $300 but less than $20,000 by
16 money transmitter.
17 560.125(5)(a) 3rd Money transmitter business by
18 unauthorized person, currency or
19 payment instruments exceeding
20 $300 but less than $20,000.
21 655.50(10)(b)1. 3rd Failure to report financial
22 transactions exceeding $300 but
23 less than $20,000 by financial
24 institution.
25 782.051(3) 2nd Attempted felony murder of a
26 person by a person other than the
27 perpetrator or the perpetrator of
28 an attempted felony.
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1 782.07(1) 2nd Killing of a human being by the
2 act, procurement, or culpable
3 negligence of another
4 (manslaughter).
5 782.071 2nd Killing of human being or viable
6 fetus by the operation of a motor
7 vehicle in a reckless manner
8 (vehicular homicide).
9 782.072 2nd Killing of a human being by the
10 operation of a vessel in a
11 reckless manner (vessel
12 homicide).
13 784.045(1)(a)1. 2nd Aggravated battery; intentionally
14 causing great bodily harm or
15 disfigurement.
16 784.045(1)(a)2. 2nd Aggravated battery; using deadly
17 weapon.
18 784.045(1)(b) 2nd Aggravated battery; perpetrator
19 aware victim pregnant.
20 784.048(4) 3rd Aggravated stalking; violation of
21 injunction or court order.
22 784.07(2)(d) 1st Aggravated battery on law
23 enforcement officer.
24 784.074(1)(a) 1st Aggravated battery on sexually
25 violent predators facility staff.
26 784.08(2)(a) 1st Aggravated battery on a person 65
27 years of age or older.
28 784.081(1) 1st Aggravated battery on specified
29 official or employee.
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1 784.082(1) 1st Aggravated battery by detained
2 person on visitor or other
3 detainee.
4 784.083(1) 1st Aggravated battery on code
5 inspector.
6 790.07(4) 1st Specified weapons violation
7 subsequent to previous conviction
8 of s. 790.07(1) or (2).
9 790.16(1) 1st Discharge of a machine gun under
10 specified circumstances.
11 790.166(3) 2nd Possessing, selling, using, or
12 attempting to use a hoax weapon
13 of mass destruction.
14 796.03 2nd Procuring any person under 16
15 years for prostitution.
16 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
17 victim less than 12 years of age;
18 offender less than 18 years.
19 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
20 victim 12 years of age or older
21 but less than 16 years; offender
22 18 years or older.
23 806.01(2) 2nd Maliciously damage structure by
24 fire or explosive.
25 810.02(3)(a) 2nd Burglary of occupied dwelling;
26 unarmed; no assault or battery.
27 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
28 unarmed; no assault or battery.
29 810.02(3)(d) 2nd Burglary of occupied conveyance;
30 unarmed; no assault or battery.
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1 812.014(2)(a) 1st Property stolen, valued at
2 $100,000 or more; cargo stolen
3 valued at $50,000, or more;
4 property stolen while causing
5 other property damage; 1st degree
6 grand theft.
7 812.014(2)(b)2. 2nd Property stolen, emergency
8 medical equipment; 2nd degree
9 grand theft.
10 812.019(2) 1st Stolen property; initiates,
11 organizes, plans, etc., the theft
12 of property and traffics in
13 stolen property.
14 812.131(2)(a) 2nd Robbery by sudden snatching.
15 812.133(2)(b) 1st Carjacking; no firearm, deadly
16 weapon, or other weapon.
17 817.234(11)(c) 1st Insurance fraud; property value
18 $100,000 or more.
19 825.102(3)(b) 2nd Neglecting an elderly person or
20 disabled adult causing great
21 bodily harm, disability, or
22 disfigurement.
23 825.1025(2) 2nd Lewd or lascivious battery upon
24 an elderly person or disabled
25 adult.
26 825.103(2)(b) 2nd Exploiting an elderly person or
27 disabled adult and property is
28 valued at $20,000 or more, but
29 less than $100,000.
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1 827.03(3)(b) 2nd Neglect of a child causing great
2 bodily harm, disability, or
3 disfigurement.
4 827.04(3) 3rd Impregnation of a child under 16
5 years of age by person 21 years
6 of age or older.
7 837.05(2) 3rd Giving false information about
8 alleged capital felony to a law
9 enforcement officer.
10 872.06 2nd Abuse of a dead human body.
11 893.13(1)(c)1. 1st Sell, manufacture, or deliver
12 cocaine (or other drug prohibited
13 under s. 893.03(1)(a), (1)(b),
14 (1)(d), (2)(a), (2)(b), or
15 (2)(c)4.) within 1,000 feet of a
16 child care facility, or school,
17 or state, county, or municipal
18 park or publicly owned
19 recreational facility.
20 893.13(1)(e)1. 1st Sell, manufacture, or deliver
21 cocaine or other drug prohibited
22 under s. 893.03(1)(a), (1)(b),
23 (1)(d), (2)(a), (2)(b), or
24 (2)(c)4., within 1,000 feet of
25 property used for religious
26 services or a specified business
27 site.
28 893.13(4)(a) 1st Deliver to minor cocaine (or
29 other s. 893.03(1)(a), (1)(b),
30 (1)(d), (2)(a), (2)(b), or
31 (2)(c)4. drugs).
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1 893.135(1)(a)1. 1st Trafficking in cannabis, more
2 than 25 lbs., less than 2,000
3 lbs.
4 893.135
5 (1)(b)1.a. 1st Trafficking in cocaine, more than
6 28 grams, less than 200 grams.
7 893.135
8 (1)(c)1.a. 1st Trafficking in illegal drugs,
9 more than 4 grams, less than 14
10 grams.
11 893.135
12 (1)(d)1. 1st Trafficking in phencyclidine,
13 more than 28 grams, less than 200
14 grams.
15 893.135(1)(e)1. 1st Trafficking in methaqualone, more
16 than 200 grams, less than 5
17 kilograms.
18 893.135(1)(f)1. 1st Trafficking in amphetamine, more
19 than 14 grams, less than 28
20 grams.
21 893.135
22 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
23 grams or more, less than 14
24 grams.
25 893.135
26 (1)(h)1.a. 1st Trafficking in
27 gamma-hydroxybutyric acid (GHB),
28 1 kilogram or more, less than 5
29 kilograms.
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1 893.135
2 (1)(i)1.a. 1st Trafficking in 1,4-Butanediol, 1
3 kilogram or more, less than 5
4 kilograms.
5 893.135
6 (1)(j)2.a. 1st Trafficking in Phenethylamines,
7 10 grams or more, less than 200
8 grams.
9 896.101(5)(a) 3rd Money laundering, financial
10 transactions exceeding $300 but
11 less than $20,000.
12 896.104(4)(a)1. 3rd Structuring transactions to evade
13 reporting or registration
14 requirements, financial
15 transactions exceeding $300 but
16 less than $20,000.
17 Section 3. This act shall take effect October 1, 2002.
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CODING: Words stricken are deletions; words underlined are additions.