House Bill hb0467
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Florida House of Representatives - 2002 HB 467
By Representative Garcia
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 postsecondary
8 educational institution, public park, or public
9 housing facility; providing penalties; amending
10 s. 921.0022, F.S.; ranking such offenses on the
11 offense severity ranking chart of the Criminal
12 Punishment Code; providing an effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Paragraphs (d) and (f) of subsection (1) of
17 section 893.13, Florida Statutes, are amended to read:
18 893.13 Prohibited acts; penalties.--
19 (1)
20 (d) Except as authorized by this chapter, it is
21 unlawful for any person to sell, manufacture, or deliver, or
22 possess with intent to sell, manufacture, or deliver, a
23 controlled substance in, on, or within 1,000 200 feet of the
24 real property comprising a public or private college,
25 university, or other postsecondary educational institution, or
26 within 1,000 200 feet of any public park. Any person who
27 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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Florida House of Representatives - 2002 HB 467
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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 1,000 200 feet of the
14 real property comprising a public housing facility at any
15 time. For purposes of this section, the term "real property
16 comprising a public housing facility" means real property, as
17 defined in s. 421.03(12), of a public corporation created as a
18 housing authority pursuant to part I of chapter 421. Any
19 person who 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 (9) Notwithstanding any provision of the sentencing
4 guidelines or the Criminal Punishment Code to the contrary, on
5 or after October 1, 1993, any defendant who:
6 (a) Violates subparagraph (1)(a)1., subparagraph
7 (1)(c)2., subparagraph (1)(d)2., subparagraph (2)(a)1., or
8 paragraph (5)(a); and
9 b) Has not previously been convicted, regardless of
10 whether adjudication was withheld, of any felony, other than a
11 violation of subparagraph (1)(a)1., subparagraph (1)(c)2.,
12 subparagraph (1)(d)2., subparagraph (2)(a)1., or paragraph
13 (5)(a),
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15 may be required by the court to successfully complete a term
16 of probation pursuant to the terms and conditions set forth in
17 s. 948.034(1), in lieu of serving a term of imprisonment.
18 Section 2. Paragraphs (c) and (e) of subsection (3) of
19 section 921.0022, Florida Statutes, are amended to read:
20 921.0022 Criminal Punishment Code; offense severity
21 ranking chart.--
22 (3) OFFENSE SEVERITY RANKING CHART
23
24 Florida Felony
25 Statute Degree Description
26
27 (c) LEVEL 3
28 316.1935(2) 3rd Fleeing or attempting to elude
29 law enforcement officer in marked
30 patrol vehicle with siren and
31 lights activated.
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1 319.30(4) 3rd Possession by junkyard of motor
2 vehicle with identification
3 number plate removed.
4 319.33(1)(a) 3rd Alter or forge any certificate of
5 title to a motor vehicle or
6 mobile home.
7 319.33(1)(c) 3rd Procure or pass title on stolen
8 vehicle.
9 319.33(4) 3rd With intent to defraud, possess,
10 sell, etc., a blank, forged, or
11 unlawfully obtained title or
12 registration.
13 328.05(2) 3rd Possess, sell, or counterfeit
14 fictitious, stolen, or fraudulent
15 titles or bills of sale of
16 vessels.
17 328.07(4) 3rd Manufacture, exchange, or possess
18 vessel with counterfeit or wrong
19 ID number.
20 376.302(5) 3rd Fraud related to reimbursement
21 for cleanup expenses under the
22 Inland Protection Trust Fund.
23 501.001(2)(b) 2nd Tampers with a consumer product
24 or the container using materially
25 false/misleading information.
26 697.08 3rd Equity skimming.
27 790.15(3) 3rd Person directs another to
28 discharge firearm from a vehicle.
29 796.05(1) 3rd Live on earnings of a prostitute.
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1 806.10(1) 3rd Maliciously injure, destroy, or
2 interfere with vehicles or
3 equipment used in firefighting.
4 806.10(2) 3rd Interferes with or assaults
5 firefighter in performance of
6 duty.
7 810.09(2)(c) 3rd Trespass on property other than
8 structure or conveyance armed
9 with firearm or dangerous weapon.
10 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but
11 less than $10,000.
12 815.04(4)(b) 2nd Computer offense devised to
13 defraud or obtain property.
14 817.034(4)(a)3. 3rd Engages in scheme to defraud
15 (Florida Communications Fraud
16 Act), property valued at less
17 than $20,000.
18 817.233 3rd Burning to defraud insurer.
19 817.234(8)&(9) 3rd Unlawful solicitation of persons
20 involved in motor vehicle
21 accidents.
22 817.234(11)(a) 3rd Insurance fraud; property value
23 less than $20,000.
24 817.505(4) 3rd Patient brokering.
25 828.12(2) 3rd Tortures any animal with intent
26 to inflict intense pain, serious
27 physical injury, or death.
28 831.28(2)(a) 3rd Counterfeiting a payment
29 instrument with intent to defraud
30 or possessing a counterfeit
31 payment instrument.
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1 831.29 2nd Possession of instruments for
2 counterfeiting drivers' licenses
3 or identification cards.
4 838.021(3)(b) 3rd Threatens unlawful harm to public
5 servant.
6 843.19 3rd Injure, disable, or kill police
7 dog or horse.
8 870.01(2) 3rd Riot; inciting or encouraging.
9 893.13(1)(a)2. 3rd 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).
15 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s.
16 893.03(1)(c), (2)(c)1., (2)(c)2.,
17 (2)(c)3., (2)(c)5., (2)(c)6.,
18 (2)(c)7., (2)(c)8., (2)(c)9.,
19 (3), or (4) drugs within 1,000
20 200 feet of university or public
21 park.
22 893.13(1)(f)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 public housing
28 facility.
29 893.13(6)(a) 3rd Possession of any controlled
30 substance other than felony
31 possession of cannabis.
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1 893.13(7)(a)9. 3rd Obtain or attempt to obtain
2 controlled substance by fraud,
3 forgery, misrepresentation, etc.
4 893.13(7)(a)11. 3rd Furnish false or fraudulent
5 material information on any
6 document or record required by
7 chapter 893.
8 918.13(1)(a) 3rd Alter, destroy, or conceal
9 investigation evidence.
10 944.47
11 (1)(a)1.-2. 3rd Introduce contraband to
12 correctional facility.
13 944.47(1)(c) 2nd Possess contraband while upon the
14 grounds of a correctional
15 institution.
16 985.3141 3rd Escapes from a juvenile facility
17 (secure detention or residential
18 commitment facility).
19 (e) LEVEL 5
20 316.027(1)(a) 3rd Accidents involving personal
21 injuries, failure to stop;
22 leaving scene.
23 316.1935(4) 2nd Aggravated fleeing or eluding.
24 322.34(6) 3rd Careless operation of motor
25 vehicle with suspended license,
26 resulting in death or serious
27 bodily injury.
28 327.30(5) 3rd Vessel accidents involving
29 personal injury; leaving scene.
30 381.0041(11)(b) 3rd Donate blood, plasma, or organs
31 knowing HIV positive.
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1 790.01(2) 3rd Carrying a concealed firearm.
2 790.162 2nd Threat to throw or discharge
3 destructive device.
4 790.163 2nd False report of deadly explosive.
5 790.165(2) 3rd Manufacture, sell, possess, or
6 deliver hoax bomb.
7 790.221(1) 2nd Possession of short-barreled
8 shotgun or machine gun.
9 790.23 2nd Felons in possession of firearms
10 or electronic weapons or devices.
11 800.04(6)(c) 3rd Lewd or lascivious conduct;
12 offender less than 18 years.
13 800.04(7)(c) 2nd Lewd or lascivious exhibition;
14 offender 18 years or older.
15 806.111(1) 3rd Possess, manufacture, or dispense
16 fire bomb with intent to damage
17 any structure or property.
18 812.015(8) 3rd Retail theft; property stolen is
19 valued at $300 or more and one or
20 more specified acts.
21 812.019(1) 2nd Stolen property; dealing in or
22 trafficking in.
23 812.131(2)(b) 3rd Robbery by sudden snatching.
24 812.16(2) 3rd Owning, operating, or conducting
25 a chop shop.
26 817.034(4)(a)2. 2nd Communications fraud, value
27 $20,000 to $50,000.
28 817.234(11)(b) 2nd Insurance fraud; property value
29 $20,000 or more but less than
30 $100,000.
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1 817.568(2)(b) 2nd Fraudulent use of personal
2 identification information; value
3 of benefit, services received,
4 payment avoided, or amount of
5 injury or fraud, $75,000 or more.
6 817.625(2)(b) 2nd Second or subsequent fraudulent
7 use of scanning device or
8 reencoder.
9 825.1025(4) 3rd Lewd or lascivious exhibition in
10 the presence of an elderly person
11 or disabled adult.
12 827.071(4) 2nd Possess with intent to promote
13 any photographic material, motion
14 picture, etc., which includes
15 sexual conduct by a child.
16 843.01 3rd Resist officer with violence to
17 person; resist arrest with
18 violence.
19 874.05(2) 2nd Encouraging or recruiting another
20 to join a criminal street gang;
21 second or subsequent offense.
22 893.13(1)(a)1. 2nd Sell, manufacture, or deliver
23 cocaine (or other s.
24 893.03(1)(a), (1)(b), (1)(d),
25 (2)(a), (2)(b), or (2)(c)4.
26 drugs).
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1 893.13(1)(c)2. 2nd Sell, manufacture, or deliver
2 cannabis (or other s.
3 893.03(1)(c), (2)(c)1., (2)(c)2.,
4 (2)(c)3., (2)(c)5., (2)(c)6.,
5 (2)(c)7., (2)(c)8., (2)(c)9.,
6 (3), or (4) drugs) within 1,000
7 feet of a child care facility or
8 school.
9 893.13(1)(d)1. 1st Sell, manufacture, or deliver
10 cocaine (or other s.
11 893.03(1)(a), (1)(b), (1)(d),
12 (2)(a), (2)(b), or (2)(c)4.
13 drugs) within 1,000 200 feet of
14 university or public park.
15 893.13(1)(e)2. 2nd Sell, manufacture, or deliver
16 cannabis or other drug prohibited
17 under 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) within
21 1,000 feet of property used for
22 religious services or a specified
23 business site.
24 893.13(1)(f)1. 1st Sell, manufacture, or deliver
25 cocaine (or other s.
26 893.03(1)(a), (1)(b), (1)(d), or
27 (2)(a), (2)(b), or (2)(c)4.
28 drugs) within 1,000 200 feet of
29 public housing facility.
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1 893.13(4)(b) 2nd Deliver to minor cannabis (or
2 other s. 893.03(1)(c), (2)(c)1.,
3 (2)(c)2., (2)(c)3., (2)(c)5.,
4 (2)(c)6., (2)(c)7., (2)(c)8.,
5 (2)(c)9., (3), or (4) drugs).
6 Section 3. This act shall take effect October 1, 2002.
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9 HOUSE SUMMARY
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Prohibits the sale, manufacture, or delivery of
11 controlled substances, or possession of controlled
substances with intent to sell, manufacture, or deliver,
12 within 1,000 feet of any postsecondary educational
institution, public park, or public housing facility.
13 Provides penalties. Ranks such offenses on the offense
severity ranking chart of the Criminal Punishment Code.
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