House Bill hb0213e2
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CS/HB 213, Second Engrossed
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 certain
8 educational institutions, described housing
9 facilities, and any state, county, or municipal
10 park or publicly owned recreational facility;
11 providing penalties; amending s. 921.0022,
12 F.S.; ranking such offenses on the offense
13 severity ranking chart of the Criminal
14 Punishment Code; providing an effective date.
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16 Be It Enacted by the Legislature of the State of Florida:
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18 Section 1. Paragraphs (c), (d), and (f) of subsection
19 (1) of section 893.13, Florida Statutes, are amended to read:
20 893.13 Prohibited acts; penalties.--
21 (1)
22 (c) Except as authorized by this chapter, it is
23 unlawful for any person to sell, manufacture, or deliver, or
24 possess with intent to sell, manufacture, or deliver a
25 controlled substance in, on, or within 1,000 feet of the real
26 property comprising a child care facility as defined in s.
27 402.302 or a public or private elementary, middle, or
28 secondary school between the hours of 6 a.m. and 12 a.m., or
29 at any time in, on, or within 1,000 feet of real property
30 comprising a state, county, or municipal park or publicly
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CS/HB 213, Second Engrossed
1 owned recreational facility. 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. The defendant must
7 be sentenced to a minimum term of imprisonment of 3 calendar
8 years unless the offense was committed within 1,000 feet of
9 the real property comprising a child care facility as defined
10 in s. 402.302.
11 2. A controlled substance named or described in s.
12 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5.,
13 (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a
14 felony of the second degree, punishable as provided in s.
15 775.082, s. 775.083, or s. 775.084.
16 3. Any other controlled substance, except as lawfully
17 sold, manufactured, or delivered, must be sentenced to pay a
18 $500 fine and to serve 100 hours of public service in addition
19 to any other penalty prescribed by law.
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21 This paragraph does not apply to a child care facility unless
22 the owner or operator of the facility posts a sign that is not
23 less than 2 square feet in size with a word legend identifying
24 the facility as a licensed child care facility and that is
25 posted on the property of the child care facility in a
26 conspicuous place where the sign is reasonably visible to the
27 public.
28 (d) Except as authorized by this chapter, it is
29 unlawful for any person to sell, manufacture, or deliver, or
30 possess with intent to sell, manufacture, or deliver, a
31 controlled substance in, on, or within 1,000 200 feet of the
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CS/HB 213, Second Engrossed
1 real property comprising a public or private college,
2 university, or other postsecondary educational institution, or
3 within 200 feet of any public park. Any person who violates
4 this paragraph with respect to:
5 1. A controlled substance named or described in s.
6 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
7 commits a felony of the first degree, punishable as provided
8 in s. 775.082, s. 775.083, or s. 775.084.
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 (f) Except as authorized by this chapter, it is
19 unlawful for any person to sell, manufacture, or deliver, or
20 possess with intent to sell, manufacture, or deliver, a
21 controlled substance in, on, or within 1,000 200 feet of the
22 real property comprising a public housing facility at any
23 time. For purposes of this section, the term "real property
24 comprising a public housing facility" means real property, as
25 defined in s. 421.03(12), of a public corporation created as a
26 housing authority pursuant to part I of chapter 421. Any
27 person who violates this paragraph with respect to:
28 1. A controlled substance named or described in s.
29 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
30 commits a felony of the first degree, punishable as provided
31 in s. 775.082, s. 775.083, or s. 775.084.
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CS/HB 213, Second Engrossed
1 2. A controlled substance named or described in s.
2 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5.,
3 (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a
4 felony of the second degree, punishable as provided in s.
5 775.082, s. 775.083, or s. 775.084.
6 3. Any other controlled substance, except as lawfully
7 sold, manufactured, or delivered, must be sentenced to pay a
8 $500 fine and to serve 100 hours of public service in addition
9 to any other penalty prescribed by law.
10 (9) Notwithstanding any provision of the sentencing
11 guidelines or the Criminal Punishment Code to the contrary, on
12 or after October 1, 1993, any defendant who:
13 (a) Violates subparagraph (1)(a)1., subparagraph
14 (1)(c)2., subparagraph (1)(d)2., subparagraph (2)(a)1., or
15 paragraph (5)(a); and
16 (b) Has not previously been convicted, regardless of
17 whether adjudication was withheld, of any felony, other than a
18 violation of subparagraph (1)(a)1., subparagraph (1)(c)2.,
19 subparagraph (1)(d)2., subparagraph (2)(a)1., or paragraph
20 (5)(a),
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22 may be required by the court to successfully complete a term
23 of probation pursuant to the terms and conditions set forth in
24 s. 948.034(1), in lieu of serving a term of imprisonment.
25 Section 2. Paragraphs (c) and (e) of subsection (3) of
26 section 921.0022, Florida Statutes, are amended to read:
27 921.0022 Criminal Punishment Code; offense severity
28 ranking chart.--
29 (3) OFFENSE SEVERITY RANKING CHART
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CS/HB 213, Second Engrossed
1 Florida Felony
2 Statute Degree Description
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4 (c) LEVEL 3
5 316.1935(2) 3rd Fleeing or attempting to elude
6 law enforcement officer in marked
7 patrol vehicle with siren and
8 lights activated.
9 319.30(4) 3rd Possession by junkyard of motor
10 vehicle with identification
11 number plate removed.
12 319.33(1)(a) 3rd Alter or forge any certificate of
13 title to a motor vehicle or
14 mobile home.
15 319.33(1)(c) 3rd Procure or pass title on stolen
16 vehicle.
17 319.33(4) 3rd With intent to defraud, possess,
18 sell, etc., a blank, forged, or
19 unlawfully obtained title or
20 registration.
21 328.05(2) 3rd Possess, sell, or counterfeit
22 fictitious, stolen, or fraudulent
23 titles or bills of sale of
24 vessels.
25 328.07(4) 3rd Manufacture, exchange, or possess
26 vessel with counterfeit or wrong
27 ID number.
28 376.302(5) 3rd Fraud related to reimbursement
29 for cleanup expenses under the
30 Inland Protection Trust Fund.
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CS/HB 213, Second Engrossed
1 501.001(2)(b) 2nd Tampers with a consumer product
2 or the container using materially
3 false/misleading information.
4 697.08 3rd Equity skimming.
5 790.15(3) 3rd Person directs another to
6 discharge firearm from a vehicle.
7 796.05(1) 3rd Live on earnings of a prostitute.
8 806.10(1) 3rd Maliciously injure, destroy, or
9 interfere with vehicles or
10 equipment used in firefighting.
11 806.10(2) 3rd Interferes with or assaults
12 firefighter in performance of
13 duty.
14 810.09(2)(c) 3rd Trespass on property other than
15 structure or conveyance armed
16 with firearm or dangerous weapon.
17 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but
18 less than $10,000.
19 815.04(4)(b) 2nd Computer offense devised to
20 defraud or obtain property.
21 817.034(4)(a)3. 3rd Engages in scheme to defraud
22 (Florida Communications Fraud
23 Act), property valued at less
24 than $20,000.
25 817.233 3rd Burning to defraud insurer.
26 817.234(8)&(9) 3rd Unlawful solicitation of persons
27 involved in motor vehicle
28 accidents.
29 817.234(11)(a) 3rd Insurance fraud; property value
30 less than $20,000.
31 817.505(4) 3rd Patient brokering.
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CS/HB 213, Second Engrossed
1 828.12(2) 3rd Tortures any animal with intent
2 to inflict intense pain, serious
3 physical injury, or death.
4 831.28(2)(a) 3rd Counterfeiting a payment
5 instrument with intent to defraud
6 or possessing a counterfeit
7 payment instrument.
8 831.29 2nd Possession of instruments for
9 counterfeiting drivers' licenses
10 or identification cards.
11 838.021(3)(b) 3rd Threatens unlawful harm to public
12 servant.
13 843.19 3rd Injure, disable, or kill police
14 dog or horse.
15 870.01(2) 3rd Riot; inciting or encouraging.
16 893.13(1)(a)2. 3rd Sell, manufacture, or deliver
17 cannabis (or other s.
18 893.03(1)(c), (2)(c)1., (2)(c)2.,
19 (2)(c)3., (2)(c)5., (2)(c)6.,
20 (2)(c)7., (2)(c)8., (2)(c)9.,
21 (3), or (4) drugs).
22 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s.
23 893.03(1)(c), (2)(c)1., (2)(c)2.,
24 (2)(c)3., (2)(c)5., (2)(c)6.,
25 (2)(c)7., (2)(c)8., (2)(c)9.,
26 (3), or (4) drugs within 1,000
27 200 feet of university or public
28 park.
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CS/HB 213, Second Engrossed
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, Second Engrossed
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, Second Engrossed
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, Second Engrossed
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, Second Engrossed
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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