HB 1309 2003
1	A bill to be entitled
2	An act relating to prohibited acts relating to controlled
3	substances; amending s. 893.13, F.S.; making unlawful
4	certain activities relating to controlled substances
5	within 1,000 feet of a public park or public community
6	center; providing criminal penalties; amending s.
7	921.0022, F.S.; revising offense severity ranking chart
8	provisions, to conform; providing an effective date.
9
10	Be It Enacted by the Legislature of the State of Florida:
11
12	Section 1. Paragraphs (d) and (e) of subsection (1) of
13	section 893.13, Florida Statutes, are amended to read:
14	893.13 Prohibited acts; penalties.--
15	(1)
16	(d) Except as authorized by this chapter, it is unlawful
17	for any person to sell, manufacture, or deliver, or possess with
18	intent to sell, manufacture, or deliver, a controlled substance
19	in, on, or within 200 feet of the real property comprising a
20	public or private college, university, or other postsecondary
21	educational institution, or within 200 feet of any public park.
22	Any person who violates this paragraph with respect to:
23	1. A controlled substance named or described in s.
24	893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
25	commits a felony of the first degree, punishable as provided in
26	s. 775.082, s. 775.083, or s. 775.084.
27	2. 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., (2)(c)6.,
29	(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
30	the second degree, punishable as provided in s. 775.082, s.
31	775.083, or s. 775.084.
32	3. Any other controlled substance, except as lawfully
33	sold, manufactured, or delivered, must be sentenced to pay a
34	$500 fine and to serve 100 hours of public service in addition
35	to any other penalty prescribed by law.
36	(e) Except as authorized by this chapter, it is unlawful
37	for any person to sell, manufacture, or deliver, or possess with
38	intent to sell, manufacture, or deliver, a controlled substance
39	not authorized by law in, on, or within 1,000 feet of a physical
40	place for worship at which a church or religious organization
41	regularly conducts religious services, within 1,000 feet of any
42	public park or public community center,or within 1,000 feet of
43	a convenience business as defined in s. 812.171. Any person who
44	violates this paragraph with respect to:
45	1. A controlled substance named or described in s.
46	893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
47	commits a felony of the first degree, punishable as provided in
48	s. 775.082, s. 775.083, or s. 775.084.
49	2. A controlled substance named or described in s.
50	893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
51	(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
52	the second degree, punishable as provided in s. 775.082, s.
53	775.083, or s. 775.084.
54	3. Any other controlled substance, except as lawfully
55	sold, manufactured, or delivered, must be sentenced to pay a
56	$500 fine and to serve 100 hours of public service in addition
57	to any other penalty prescribed by law.
58	Section 2. Paragraphs (c), (e), and (g) of subsection (3)
59	of section 921.0022, Florida Statutes, are amended to read:
60	921.0022 Criminal Punishment Code; offense severity
61	ranking chart.--
62	(3) OFFENSE SEVERITY RANKING CHART
63	FloridaStatute FelonyDegree Description
64	(c) LEVEL 3
65	316.193(2)(b) 3rd Felony DUI, 3rd conviction.
66	316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in marked patrol vehicle with siren and lights activated.
67	319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
68	319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
69	319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
70	319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
71	327.35(2)(b) 3rd Felony BUI.
72	328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
73	328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
74	376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
75	501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
76	697.08 3rd Equity skimming.
77	790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
78	796.05(1) 3rd Live on earnings of a prostitute.
79	806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
80	806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
81	810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
82	812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
83	812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
84	815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
85	817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
86	817.233 3rd Burning to defraud insurer.
87	817.234(8)& (9) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
88	817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
89	817.505(4) 3rd Patient brokering.
90	828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
91	831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
92	831.29 2nd Possession of instruments for counterfeiting drivers' licenses or identification cards.
93	838.021(3)(b) 3rd Threatens unlawful harm to public servant.
94	843.19 3rd Injure, disable, or kill police dog or horse.
95	870.01(2) 3rd Riot; inciting or encouraging.
96	893.13(1)(a)2. 3rd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
97	893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 200 feet of university or public park.
98	893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 200 feet of public housing facility.
99	893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
100	893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
101	893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
102	893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
103	893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
104	893.13(8)(a)1. 3rd Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner's practice.
105	893.13(8)(a)2. 3rd Employ a trick or scheme in the practitioner's practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
106	893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
107	893.13(8)(a)4. 3rd Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
108	918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
109	944.47(1)(a)1.-2. 3rd Introduce contraband to correctional facility.
110	944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
111	985.3141 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
112	(e) LEVEL 5
113	316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
114	316.1935(4) 2nd Aggravated fleeing or eluding.
115	322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
116	327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
117	381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
118	790.01(2) 3rd Carrying a concealed firearm.
119	790.162 2nd Threat to throw or discharge destructive device.
120	790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
121	790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
122	790.23 2nd Felons in possession of firearms or electronic weapons or devices.
123	800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
124	800.04(7)(c) 2nd Lewd or lascivious exhibition; offender 18 years or older.
125	806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
126	812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
127	812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
128	812.019(1) 2nd Stolen property; dealing in or trafficking in.
129	812.131(2)(b) 3rd Robbery by sudden snatching.
130	812.16(2) 3rd Owning, operating, or conducting a chop shop.
131	817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
132	817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
133	817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $75,000 or more.
134	817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
135	825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
136	827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
137	839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
138	843.01 3rd Resist officer with violence to person; resist arrest with violence.
139	874.05(2) 2nd Encouraging or recruiting another to join a criminal street gang; second or subsequent offense.
140	893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
141	893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility or school.
142	893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 200 feet of university or public park.
143	893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services, a public park or public community center, or a specified business site.
144	893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 200 feet of public housing facility.
145	893.13(4)(b) 2nd Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
146	(g) LEVEL 7
147	316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
148	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
149	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
150	409.920(2) 3rd Medicaid provider fraud.
151	456.065(2) 3rd Practicing a health care profession without a license.
152	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
153	458.327(1) 3rd Practicing medicine without a license.
154	459.013(1) 3rd Practicing osteopathic medicine without a license.
155	460.411(1) 3rd Practicing chiropractic medicine without a license.
156	461.012(1) 3rd Practicing podiatric medicine without a license.
157	462.17 3rd Practicing naturopathy without a license.
158	463.015(1) 3rd Practicing optometry without a license.
159	464.016(1) 3rd Practicing nursing without a license.
160	465.015(2) 3rd Practicing pharmacy without a license.
161	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
162	467.201 3rd Practicing midwifery without a license.
163	468.366 3rd Delivering respiratory care services without a license.
164	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
165	483.901(9) 3rd Practicing medical physics without a license.
166	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
167	484.053 3rd Dispensing hearing aids without a license.
168	494.0018(2) 1st Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
169	560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
170	560.125(5)(a) 3rd Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
171	655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
172	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
173	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
174	782.071 2nd Killing of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
175	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
176	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
177	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
178	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
179	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
180	784.07(2)(d) 1st Aggravated battery on law enforcement officer.
181	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
182	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
183	784.081(1) 1st Aggravated battery on specified official or employee.
184	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
185	784.083(1) 1st Aggravated battery on code inspector.
186	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
187	790.16(1) 1st Discharge of a machine gun under specified circumstances.
188	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
189	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
190	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
191	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
192	796.03 2nd Procuring any person under 16 years for prostitution.
193	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
194	800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
195	806.01(2) 2nd Maliciously damage structure by fire or explosive.
196	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
197	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
198	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
199	812.014(2)(a) 1st Property stolen, valued at $100,000 or more; cargo stolen valued at $50,000 or more; property stolen while causing other property damage; 1st degree grand theft.
200	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
201	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
202	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
203	812.131(2)(a) 2nd Robbery by sudden snatching.
204	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
205	817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
206	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
207	825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
208	827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
209	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
210	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
211	872.06 2nd Abuse of a dead human body.
212	893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility or school.
213	893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services, a public park or public community center, or a specified business site.
214	893.13(4)(a) 1st Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
215	893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
216	893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
217	893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
218	893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
219	893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
220	893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
221	893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
222	893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
223	893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
224	893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
225	896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
226	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
227	Section 3. This act shall take effect upon becoming a law.