House Bill hb0351
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Florida House of Representatives - 2002 HB 351
By Representative Benson
1 A bill to be entitled
2 An act relating to controlled substances;
3 amending s. 893.03, F.S.; adding carisoprodol
4 to Schedule IV of the controlled substance
5 standards and schedules; reenacting ss.
6 316.193(5), 322.2616(2)(c), 327.35(5),
7 440.102(11)(b), 458.326(3), 817.563,
8 831.31(1)(a) and (2), 856.015(1)(d), 893.02(4),
9 893.13(1)(a), (c), (d), (e), and (f), (2)(a),
10 (4)(b), and (5)(b), and 921.0022(3)(b), (c),
11 and (e), F.S., relating to driving under the
12 influence, persons under 21 years of age
13 driving with a blood-alcohol or breath-alcohol
14 level in excess of a specified threshold,
15 boating under the influence, drug-free
16 workplace program requirements, treatment of
17 intractable pain, sale of substance in lieu of
18 controlled substance, counterfeit controlled
19 substances, open house parties, the definition
20 of "controlled substance," prohibited acts
21 involving controlled substances, and the
22 offense severity ranking chart, respectively,
23 to incorporate the amendment to s. 893.03,
24 F.S., in references thereto; providing an
25 effective date.
26
27 Be It Enacted by the Legislature of the State of Florida:
28
29 Section 1. Paragraph (jjj) is added to subsection (4)
30 of section 893.03, Florida Statutes, to read:
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1 893.03 Standards and schedules.--The substances
2 enumerated in this section are controlled by this chapter.
3 The controlled substances listed or to be listed in Schedules
4 I, II, III, IV, and V are included by whatever official,
5 common, usual, chemical, or trade name designated. The
6 provisions of this section shall not be construed to include
7 within any of the schedules contained in this section any
8 excluded drugs listed within the purview of 21 C.F.R. s.
9 1308.22, styled "Excluded Substances"; 21 C.F.R. s. 1308.24,
10 styled "Exempt Chemical Preparations"; 21 C.F.R. s. 1308.32,
11 styled "Exempted Prescription Products"; or 21 C.F.R. s.
12 1308.34, styled "Exempt Anabolic Steroid Products."
13 (4) SCHEDULE IV.--A substance in Schedule IV has a low
14 potential for abuse relative to the substances in Schedule III
15 and has a currently accepted medical use in treatment in the
16 United States, and abuse of the substance may lead to limited
17 physical or psychological dependence relative to the
18 substances in Schedule III. Unless specifically excepted or
19 unless listed in another schedule, any material, compound,
20 mixture, or preparation which contains any quantity of the
21 following substances, including its salts, isomers, and salts
22 of isomers whenever the existence of such salts, isomers, and
23 salts of isomers is possible within the specific chemical
24 designation, are controlled in Schedule IV:
25 (jjj) Carisoprodol.
26 Section 2. For the purpose of incorporating the
27 amendment to section 893.03, Florida Statutes, in references
28 thereto, the sections or subdivisions of Florida Statutes set
29 forth below are reenacted to read:
30 316.193 Driving under the influence; penalties.--
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1 (5) The court shall place all offenders convicted of
2 violating this section on monthly reporting probation and
3 shall require completion of a substance abuse course conducted
4 by a DUI program licensed by the department under s. 322.292,
5 which must include a psychosocial evaluation of the offender.
6 If the DUI program refers the offender to an authorized
7 substance abuse treatment provider for substance abuse
8 treatment, in addition to any sentence or fine imposed under
9 this section, completion of all such education, evaluation,
10 and treatment is a condition of reporting probation. The
11 offender shall assume reasonable costs for such education,
12 evaluation, and treatment. The referral to treatment resulting
13 from a psychosocial evaluation shall not be waived without a
14 supporting independent psychosocial evaluation conducted by an
15 authorized substance abuse treatment provider appointed by the
16 court, which shall have access to the DUI program's
17 psychosocial evaluation before the independent psychosocial
18 evaluation is conducted. The court shall review the results
19 and recommendations of both evaluations before determining the
20 request for waiver. The offender shall bear the full cost of
21 this procedure. The term "substance abuse" means the abuse of
22 alcohol or any substance named or described in Schedules I
23 through V of s. 893.03. If an offender referred to treatment
24 under this subsection fails to report for or complete such
25 treatment or fails to complete the DUI program substance abuse
26 education course and evaluation, the DUI program shall notify
27 the court and the department of the failure. Upon receipt of
28 the notice, the department shall cancel the offender's driving
29 privilege, notwithstanding the terms of the court order or any
30 suspension or revocation of the driving privilege. The
31 department may temporarily reinstate the driving privilege on
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1 a restricted basis upon verification from the DUI program that
2 the offender is currently participating in treatment and the
3 DUI education course and evaluation requirement has been
4 completed. If the DUI program notifies the department of the
5 second failure to complete treatment, the department shall
6 reinstate the driving privilege only after notice of
7 completion of treatment from the DUI program. The
8 organization that conducts the substance abuse education and
9 evaluation may not provide required substance abuse treatment
10 unless a waiver has been granted to that organization by the
11 department. A waiver may be granted only if the department
12 determines, in accordance with its rules, that the service
13 provider that conducts the substance abuse education and
14 evaluation is the most appropriate service provider and is
15 licensed under chapter 397 or is exempt from such licensure. A
16 statistical referral report shall be submitted quarterly to
17 the department by each organization authorized to provide
18 services under this section.
19 322.2616 Suspension of license; persons under 21 years
20 of age; right to review.--
21 (2)
22 (c) When a driver subject to this section has a
23 blood-alcohol or breath-alcohol level of 0.05 or higher, the
24 suspension shall remain in effect until such time as the
25 driver has completed a substance abuse course offered by a DUI
26 program licensed by the department. The driver shall assume
27 the reasonable costs for the substance abuse course. As part
28 of the substance abuse course, the program shall conduct a
29 substance abuse evaluation of the driver, and notify the
30 parents or legal guardians of drivers under the age of 19
31 years of the results of the evaluation. The term "substance
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1 abuse" means the abuse of alcohol or any substance named or
2 described in Schedules I through V of s. 893.03. If a driver
3 fails to complete the substance abuse education course and
4 evaluation, the driver's license shall not be reinstated by
5 the department.
6 327.35 Boating under the influence; penalties;
7 "designated drivers".--
8 (5) In addition to any sentence or fine, the court
9 shall place any offender convicted of violating this section
10 on monthly reporting probation and shall require attendance at
11 a substance abuse course specified by the court; and the
12 agency conducting the course may refer the offender to an
13 authorized service provider for substance abuse evaluation and
14 treatment, in addition to any sentence or fine imposed under
15 this section. The offender shall assume reasonable costs for
16 such education, evaluation, and treatment, with completion of
17 all such education, evaluation, and treatment being a
18 condition of reporting probation. Treatment resulting from a
19 psychosocial evaluation may not be waived without a supporting
20 psychosocial evaluation conducted by an agency appointed by
21 the court and with access to the original evaluation. The
22 offender shall bear the cost of this procedure. The term
23 "substance abuse" means the abuse of alcohol or any substance
24 named or described in Schedules I-V of s. 893.03.
25 440.102 Drug-free workplace program requirements.--The
26 following provisions apply to a drug-free workplace program
27 implemented pursuant to law or to rules adopted by the Agency
28 for Health Care Administration:
29 (11) PUBLIC EMPLOYEES IN SAFETY-SENSITIVE OR
30 SPECIAL-RISK POSITIONS.--
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1 (b) An employee who is employed by a public employer
2 in a special-risk position may be discharged or disciplined by
3 a public employer for the first positive confirmed test result
4 if the drug confirmed is an illicit drug under s. 893.03. A
5 special-risk employee who is participating in an employee
6 assistance program or drug rehabilitation program may not be
7 allowed to continue to work in any special-risk or
8 safety-sensitive position of the public employer, but may be
9 assigned to a position other than a safety-sensitive position
10 or placed on leave while the employee is participating in the
11 program. However, the employee shall be permitted to use any
12 accumulated annual leave credits before leave may be ordered
13 without pay.
14 458.326 Intractable pain; authorized treatment.--
15 (3) Notwithstanding any other provision of law, a
16 physician may prescribe or administer any controlled substance
17 under Schedules II-V, as provided for in s. 893.03, to a
18 person for the treatment of intractable pain, provided the
19 physician does so in accordance with that level of care,
20 skill, and treatment recognized by a reasonably prudent
21 physician under similar conditions and circumstances.
22 817.563 Controlled substance named or described in s.
23 893.03; sale of substance in lieu thereof.--It is unlawful for
24 any person to agree, consent, or in any manner offer to
25 unlawfully sell to any person a controlled substance named or
26 described in s. 893.03 and then sell to such person any other
27 substance in lieu of such controlled substance. Any person who
28 violates this section with respect to:
29 (1) A controlled substance named or described in s.
30 893.03(1), (2), (3), or (4) is guilty of a felony of the third
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1 degree, punishable as provided in s. 775.082, s. 775.083, or
2 s. 775.084.
3 (2) A controlled substance named or described in s.
4 893.03(5) is guilty of a misdemeanor of the second degree,
5 punishable as provided in s. 775.082 or s. 775.083.
6 831.31 Counterfeit controlled substance; sale,
7 manufacture, delivery, or possession with intent to sell,
8 manufacture, or deliver.--
9 (1) It is unlawful for any person to sell,
10 manufacture, or deliver, or to possess with intent to sell,
11 manufacture, or deliver, a counterfeit controlled substance.
12 Any person who violates this subsection with respect to:
13 (a) A controlled substance named or described in s.
14 893.03(1), (2), (3), or (4) is guilty of a felony of the third
15 degree, punishable as provided in s. 775.082, s. 775.083, or
16 s. 775.084.
17 (2) For purposes of this section, "counterfeit
18 controlled substance" means:
19 (a) A controlled substance named or described in s.
20 893.03 which, or the container or labeling of which, without
21 authorization bears the trademark, trade name, or other
22 identifying mark, imprint, or number, or any likeness thereof,
23 of a manufacturer other than the person who in fact
24 manufactured the controlled substance; or
25 (b) Any substance which is falsely identified as a
26 controlled substance named or described in s. 893.03.
27 856.015 Open house parties.--
28 (1) Definitions.--As used in this section:
29 (d) "Drug" means a controlled substance, as that term
30 is defined in ss. 893.02(4) and 893.03.
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1 893.02 Definitions.--The following words and phrases
2 as used in this chapter shall have the following meanings,
3 unless the context otherwise requires:
4 (4) "Controlled substance" means any substance named
5 or described in Schedules I-V of s. 893.03. Laws controlling
6 the manufacture, distribution, preparation, dispensing, or
7 administration of such substances are drug abuse laws.
8 893.13 Prohibited acts; penalties.--
9 (1)(a) Except as authorized by this chapter and
10 chapter 499, it is unlawful for any person to sell,
11 manufacture, or deliver, or possess with intent to sell,
12 manufacture, or deliver, a controlled substance. Any person
13 who violates this provision with respect to:
14 1. A controlled substance named or described in s.
15 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
16 commits a felony of the second degree, punishable as provided
17 in s. 775.082, s. 775.083, or s. 775.084.
18 2. A controlled substance named or described in s.
19 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5.,
20 (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a
21 felony of the third degree, punishable as provided in s.
22 775.082, s. 775.083, or s. 775.084.
23 3. A controlled substance named or described in s.
24 893.03(5) commits a misdemeanor of the first degree,
25 punishable as provided in s. 775.082 or s. 775.083.
26 (c) 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 feet of the real
30 property comprising a child care facility as defined in s.
31 402.302 or a public or private elementary, middle, or
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1 secondary school between the hours of 6 a.m. and 12 a.m. Any
2 person who violates 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. 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.
20
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 200 feet of the real
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1 property comprising a public or private college, university,
2 or other postsecondary educational institution, or within 200
3 feet of any public park. Any person who violates this
4 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 (e) 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 not authorized by law in, on, or within
22 1,000 feet of a physical place for worship at which a church
23 or religious organization regularly conducts religious
24 services or within 1,000 feet of a convenience business as
25 defined in s. 812.171. Any person who violates this paragraph
26 with respect to:
27 1. A controlled substance named or described in s.
28 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
29 commits a felony of the first degree, punishable as provided
30 in s. 775.082, s. 775.083, or s. 775.084.
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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 (f) Except as authorized by this chapter, it is
11 unlawful for any person to sell, manufacture, or deliver, or
12 possess with intent to sell, manufacture, or deliver, a
13 controlled substance in, on, or within 200 feet of the real
14 property comprising a public housing facility at any time. For
15 purposes of this section, the term "real property comprising a
16 public housing facility" means real property, as defined in s.
17 421.03(12), of a public corporation created as a housing
18 authority pursuant to part I of chapter 421. Any person who
19 violates this paragraph with respect to:
20 1. A controlled substance named or described in s.
21 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
22 commits a felony of the first degree, punishable as provided
23 in s. 775.082, s. 775.083, or s. 775.084.
24 2. A controlled substance named or described in s.
25 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5.,
26 (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a
27 felony of the second degree, punishable as provided in s.
28 775.082, s. 775.083, or s. 775.084.
29 3. Any other controlled substance, except as lawfully
30 sold, manufactured, or delivered, must be sentenced to pay a
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1 $500 fine and to serve 100 hours of public service in addition
2 to any other penalty prescribed by law.
3 (2)(a) Except as authorized by this chapter and
4 chapter 499, it is unlawful for any person to purchase, or
5 possess with intent to purchase, a controlled substance. Any
6 person who violates this provision with respect to:
7 1. A controlled substance named or described in s.
8 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
9 commits a felony of the second degree, punishable as provided
10 in s. 775.082, s. 775.083, or s. 775.084.
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 third degree, punishable as provided in s.
15 775.082, s. 775.083, or s. 775.084.
16 3. A controlled substance named or described in s.
17 893.03(5) commits a misdemeanor of the first degree,
18 punishable as provided in s. 775.082 or s. 775.083.
19 (4) Except as authorized by this chapter, it is
20 unlawful for any person 18 years of age or older to deliver
21 any controlled substance to a person under the age of 18
22 years, or to use or hire a person under the age of 18 years as
23 an agent or employee in the sale or delivery of such a
24 substance, or to use such person to assist in avoiding
25 detection or apprehension for a violation of this chapter. Any
26 person who violates this provision with respect to:
27 (b) A controlled substance named or described in s.
28 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5.,
29 (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a
30 felony of the second degree, punishable as provided in s.
31 775.082, s. 775.083, or s. 775.084.
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1
2 Imposition of sentence may not be suspended or deferred, nor
3 shall the person so convicted be placed on probation.
4 (5) It is unlawful for any person to bring into this
5 state any controlled substance unless the possession of such
6 controlled substance is authorized by this chapter or unless
7 such person is licensed to do so by the appropriate federal
8 agency. Any person who violates this provision with respect
9 to:
10 (b) A controlled substance named or described in s.
11 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5.,
12 (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a
13 felony of the third degree, punishable as provided in s.
14 775.082, s. 775.083, or s. 775.084.
15 921.0022 Criminal Punishment Code; offense severity
16 ranking chart.--
17 (3) OFFENSE SEVERITY RANKING CHART
18
19 Florida Felony
20 Statute Degree Description
21
22 (b) LEVEL 2
23 403.413(5)(c) 3rd Dumps waste litter exceeding 500
24 lbs. in weight or 100 cubic feet
25 in volume or any quantity for
26 commercial purposes, or hazardous
27 waste.
28 517.07 3rd Registration of securities and
29 furnishing of prospectus
30 required.
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1 590.28(1) 3rd Willful, malicious, or
2 intentional burning.
3 784.05(3) 3rd Storing or leaving a loaded
4 firearm within reach of minor who
5 uses it to inflict injury or
6 death.
7 787.04(1) 3rd In violation of court order,
8 take, entice, etc., minor beyond
9 state limits.
10 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000
11 or more to public communication
12 or any other public service.
13 810.09(2)(e) 3rd Trespassing on posted commercial
14 horticulture property.
15 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or
16 more but less than $5,000.
17 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or
18 more but less than $300, taken
19 from unenclosed curtilage of
20 dwelling.
21 812.015(7) 3rd Possession, use, or attempted use
22 of an antishoplifting or
23 inventory control device
24 countermeasure.
25 817.234(1)(a)2. 3rd False statement in support of
26 insurance claim.
27 817.481(3)(a) 3rd Obtain credit or purchase with
28 false, expired, counterfeit,
29 etc., credit card, value over
30 $300.
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1 817.52(3) 3rd Failure to redeliver hired
2 vehicle.
3 817.54 3rd With intent to defraud, obtain
4 mortgage note, etc., by false
5 representation.
6 817.60(5) 3rd Dealing in credit cards of
7 another.
8 817.60(6)(a) 3rd Forgery; purchase goods, services
9 with false card.
10 817.61 3rd Fraudulent use of credit cards
11 over $100 or more within 6
12 months.
13 826.04 3rd Knowingly marries or has sexual
14 intercourse with person to whom
15 related.
16 831.01 3rd Forgery.
17 831.02 3rd Uttering forged instrument;
18 utters or publishes alteration
19 with intent to defraud.
20 831.07 3rd Forging bank bills, checks,
21 drafts, or promissory notes.
22 831.08 3rd Possessing 10 or more forged
23 notes, bills, checks, or drafts.
24 831.09 3rd Uttering forged notes, bills,
25 checks, drafts, or promissory
26 notes.
27 831.11 3rd Bringing into the state forged
28 bank bills, checks, drafts, or
29 notes.
30 832.05(3)(a) 3rd Cashing or depositing item with
31 intent to defraud.
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1 843.08 3rd Falsely impersonating an officer.
2 893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c),
3 (2)(c)1., (2)(c)2., (2)(c)3.,
4 (2)(c)5., (2)(c)6., (2)(c)7.,
5 (2)(c)8., (2)(c)9., (3), or (4)
6 drugs other than cannabis.
7 893.147(2) 3rd Manufacture or delivery of drug
8 paraphernalia.
9 (c) LEVEL 3
10 316.1935(2) 3rd Fleeing or attempting to elude
11 law enforcement officer in marked
12 patrol vehicle with siren and
13 lights activated.
14 319.30(4) 3rd Possession by junkyard of motor
15 vehicle with identification
16 number plate removed.
17 319.33(1)(a) 3rd Alter or forge any certificate of
18 title to a motor vehicle or
19 mobile home.
20 319.33(1)(c) 3rd Procure or pass title on stolen
21 vehicle.
22 319.33(4) 3rd With intent to defraud, possess,
23 sell, etc., a blank, forged, or
24 unlawfully obtained title or
25 registration.
26 328.05(2) 3rd Possess, sell, or counterfeit
27 fictitious, stolen, or fraudulent
28 titles or bills of sale of
29 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).
28
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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.
31
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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.
20 893.13(1)(d)1. 1st Sell, manufacture, or deliver
21 cocaine (or other s.
22 893.03(1)(a), (1)(b), (1)(d),
23 (2)(a), (2)(b), or (2)(c)4.
24 drugs) within 200 feet of
25 university or public park.
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29
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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 Section 3. This act shall take effect July 1, 2002.
22
23 *****************************************
24 HOUSE SUMMARY
25
Adds carisoprodol to Schedule IV of the controlled
26 substance standards and schedules.
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CODING: Words stricken are deletions; words underlined are additions.