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:
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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.
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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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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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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
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29 Florida Felony
30 Statute Degree Description
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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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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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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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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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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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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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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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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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