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.

                                  15

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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.

30

31

                                  16

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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.

                                  17

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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

29

30

31

                                  18

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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

                                  19

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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.

31

                                  20

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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.

                                  21

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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.

26

27

28

29

30

31

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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.

27

28

29

30

31

                                  23

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