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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  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),

14

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.

30

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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.

  7

  8            *****************************************

  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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