House Bill hb0213e1

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                                    CS/HB 213, First Engrossed/ntc



  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 between the hours of 6 a.m. and 12 a.m., or

28  at any time in, on, or within 1,000 feet of real property

29  comprising a state, county, or municipal park or publicly

30  owned recreational facility. Any person who violates this

31  paragraph with respect to:


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                                    CS/HB 213, First Engrossed/ntc



  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 1,000 200  feet of the

30  real property comprising a public or private college,

31  university, or other postsecondary educational institution, or


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                                    CS/HB 213, First Engrossed/ntc



  1  within 200 feet of any public park. Any person who violates

  2  this 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         (f)  Except as authorized by this chapter, it is

17  unlawful for any person to sell, manufacture, or deliver, or

18  possess with intent to sell, manufacture, or deliver, a

19  controlled substance in, on, or within 1,000 200 feet of the

20  real property comprising a public housing facility at any

21  time. For purposes of this section, the term "real property

22  comprising a public housing facility" means real property, as

23  defined in s. 421.03(12), of a public corporation created as a

24  housing authority pursuant to part I of chapter 421. Any

25  person who violates this paragraph with respect to:

26         1.  A controlled substance named or described in s.

27  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,

28  commits a felony of the first degree, punishable as provided

29  in s. 775.082, s. 775.083, or s. 775.084.

30         2.  A controlled substance named or described in s.

31  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5.,


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                                    CS/HB 213, First Engrossed/ntc



  1  (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a

  2  felony of the second degree, punishable as provided in s.

  3  775.082, s. 775.083, or s. 775.084.

  4         3.  Any other controlled substance, except as lawfully

  5  sold, manufactured, or delivered, must be sentenced to pay a

  6  $500 fine and to serve 100 hours of public service in addition

  7  to any other penalty prescribed by law.

  8         (9)  Notwithstanding any provision of the sentencing

  9  guidelines or the Criminal Punishment Code to the contrary, on

10  or after October 1, 1993, any defendant who:

11         (a)  Violates subparagraph (1)(a)1., subparagraph

12  (1)(c)2., subparagraph (1)(d)2., subparagraph (2)(a)1., or

13  paragraph (5)(a); and

14         (b)  Has not previously been convicted, regardless of

15  whether adjudication was withheld, of any felony, other than a

16  violation of subparagraph (1)(a)1., subparagraph (1)(c)2.,

17  subparagraph (1)(d)2., subparagraph (2)(a)1., or paragraph

18  (5)(a),

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20  may be required by the court to successfully complete a term

21  of probation pursuant to the terms and conditions set forth in

22  s. 948.034(1), in lieu of serving a term of imprisonment.

23         Section 2.  Paragraphs (c) and (e) of subsection (3) of

24  section 921.0022, Florida Statutes, are amended to read:

25         921.0022  Criminal Punishment Code; offense severity

26  ranking chart.--

27         (3)  OFFENSE SEVERITY RANKING CHART

28

29  Florida           Felony

30  Statute           Degree             Description

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                                    CS/HB 213, First Engrossed/ntc



  1                              (c)  LEVEL 3

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

  3                              law enforcement officer in marked

  4                              patrol vehicle with siren and

  5                              lights activated.

  6  319.30(4)          3rd      Possession by junkyard of motor

  7                              vehicle with identification

  8                              number plate removed.

  9  319.33(1)(a)       3rd      Alter or forge any certificate of

10                              title to a motor vehicle or

11                              mobile home.

12  319.33(1)(c)       3rd      Procure or pass title on stolen

13                              vehicle.

14  319.33(4)          3rd      With intent to defraud, possess,

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

16                              unlawfully obtained title or

17                              registration.

18  328.05(2)          3rd      Possess, sell, or counterfeit

19                              fictitious, stolen, or fraudulent

20                              titles or bills of sale of

21                              vessels.

22  328.07(4)          3rd      Manufacture, exchange, or possess

23                              vessel with counterfeit or wrong

24                              ID number.

25  376.302(5)         3rd      Fraud related to reimbursement

26                              for cleanup expenses under the

27                              Inland Protection Trust Fund.

28  501.001(2)(b)      2nd      Tampers with a consumer product

29                              or the container using materially

30                              false/misleading information.

31  697.08             3rd      Equity skimming.


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                                    CS/HB 213, First Engrossed/ntc



  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.

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                                    CS/HB 213, First Engrossed/ntc



  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.

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                                    CS/HB 213, First Engrossed/ntc



  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 1,000

  6                              200 feet of public housing

  7                              facility.

  8  893.13(6)(a)       3rd      Possession of any controlled

  9                              substance other than felony

10                              possession of cannabis.

11  893.13(7)(a)9.     3rd      Obtain or attempt to obtain

12                              controlled substance by fraud,

13                              forgery, misrepresentation, etc.

14  893.13(7)(a)11.    3rd      Furnish false or fraudulent

15                              material information on any

16                              document or record required by

17                              chapter 893.

18  918.13(1)(a)       3rd      Alter, destroy, or conceal

19                              investigation evidence.

20  944.47

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

22                              correctional facility.

23  944.47(1)(c)       2nd      Possess contraband while upon the

24                              grounds of a correctional

25                              institution.

26  985.3141           3rd      Escapes from a juvenile facility

27                              (secure detention or residential

28                              commitment facility).

29                              (e)  LEVEL 5

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                                    CS/HB 213, First Engrossed/ntc



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

  2                              injuries, failure to stop;

  3                              leaving scene.

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

  5  322.34(6)          3rd      Careless operation of motor

  6                              vehicle with suspended license,

  7                              resulting in death or serious

  8                              bodily injury.

  9  327.30(5)          3rd      Vessel accidents involving

10                              personal injury; leaving scene.

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

12                              knowing HIV positive.

13  790.01(2)          3rd      Carrying a concealed firearm.

14  790.162            2nd      Threat to throw or discharge

15                              destructive device.

16  790.163            2nd      False report of deadly explosive.

17  790.165(2)         3rd      Manufacture, sell, possess, or

18                              deliver hoax bomb.

19  790.221(1)         2nd      Possession of short-barreled

20                              shotgun or machine gun.

21  790.23             2nd      Felons in possession of firearms

22                              or electronic weapons or devices.

23  800.04(6)(c)       3rd      Lewd or lascivious conduct;

24                              offender less than 18 years.

25  800.04(7)(c)       2nd      Lewd or lascivious exhibition;

26                              offender 18 years or older.

27  806.111(1)         3rd      Possess, manufacture, or dispense

28                              fire bomb with intent to damage

29                              any structure or property.

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                                    CS/HB 213, First Engrossed/ntc



  1  812.015(8)         3rd      Retail theft; property stolen is

  2                              valued at $300 or more and one or

  3                              more specified acts.

  4  812.019(1)         2nd      Stolen property; dealing in or

  5                              trafficking in.

  6  812.131(2)(b)      3rd      Robbery by sudden snatching.

  7  812.16(2)          3rd      Owning, operating, or conducting

  8                              a chop shop.

  9  817.034(4)(a)2.    2nd      Communications fraud, value

10                              $20,000 to $50,000.

11  817.234(11)(b)     2nd      Insurance fraud; property value

12                              $20,000 or more but less than

13                              $100,000.

14  817.568(2)(b)      2nd      Fraudulent use of personal

15                              identification information; value

16                              of benefit, services received,

17                              payment avoided, or amount of

18                              injury or fraud, $75,000 or more.

19  817.625(2)(b)      2nd      Second or subsequent fraudulent

20                              use of scanning device or

21                              reencoder.

22  825.1025(4)        3rd      Lewd or lascivious exhibition in

23                              the presence of an elderly person

24                              or disabled adult.

25  827.071(4)         2nd      Possess with intent to promote

26                              any photographic material, motion

27                              picture, etc., which includes

28                              sexual conduct by a child.

29  843.01             3rd      Resist officer with violence to

30                              person; resist arrest with

31                              violence.


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                                    CS/HB 213, First Engrossed/ntc



  1  874.05(2)          2nd      Encouraging or recruiting another

  2                              to join a criminal street gang;

  3                              second or subsequent offense.

  4  893.13(1)(a)1.     2nd      Sell, manufacture, or deliver

  5                              cocaine (or other s.

  6                              893.03(1)(a), (1)(b), (1)(d),

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

  8                              drugs).

  9  893.13(1)(c)2.     2nd      Sell, manufacture, or deliver

10                              cannabis (or other s.

11                              893.03(1)(c), (2)(c)1., (2)(c)2.,

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

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

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

15                              feet of a child care facility, or

16                              school, or state, county, or

17                              municipal park or publicly owned

18                              recreational facility.

19  893.13(1)(d)1.     1st      Sell, manufacture, or deliver

20                              cocaine (or other s.

21                              893.03(1)(a), (1)(b), (1)(d),

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

23                              drugs) within 1,000 200 feet of

24                              university or public park.

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                                    CS/HB 213, First Engrossed/ntc



  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 1,000 200 feet of

15                              public 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 3.  This act shall take effect October 1, 2002.

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