Senate Bill sb1588

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003                                  SB 1588

    By Senator Aronberg





    27-373-03                                            See HB 57

  1                       A bill to be entitled

  2         An act relating to drug abuse prevention and

  3         control; amending s. 893.13, F.S.; prohibiting

  4         the sale, manufacture, or delivery of

  5         controlled substances, or possession of

  6         controlled substances with intent to sell,

  7         manufacture, or deliver, within 1,000 feet of

  8         certain public parks and publicly owned

  9         community centers or recreational facilities;

10         providing penalties; amending s. 921.0022,

11         F.S.; ranking such offenses on the offense

12         severity ranking chart of the Criminal

13         Punishment Code; providing an effective date.

14

15  Be It Enacted by the Legislature of the State of Florida:

16

17         Section 1.  Paragraphs (c) and (d) of subsection (1) of

18  section 893.13, Florida Statutes, are amended to read:

19         893.13  Prohibited acts; penalties.--

20         (1)

21         (c)  Except as authorized by this chapter, it is

22  unlawful for any person to sell, manufacture, or deliver, or

23  possess with intent to sell, manufacture, or deliver, a

24  controlled substance in, on, or within 1,000 feet of the real

25  property comprising a public park, a publicly owned community

26  center or recreational facility, a child care facility as

27  defined in s. 402.302, or a public or private elementary,

28  middle, or secondary school between the hours of 6 a.m. and 12

29  a.m. Any person who violates this paragraph with respect to:

30         1.  A controlled substance named or described in s.

31  893.03(1)(a), (1)(b),(1)(d), (2)(a), (2)(b), or (2)(c)4.,

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    Florida Senate - 2003                                  SB 1588
    27-373-03                                            See HB 57




  1  commits a felony of the first degree, punishable as provided

  2  in s. 775.082, s. 775.083, or s. 775.084. The defendant must

  3  be sentenced to a minimum term of imprisonment of 3 calendar

  4  years unless the offense was committed within 1,000 feet of

  5  the real property comprising a child care facility as defined

  6  in s. 402.302.

  7         2.  A controlled substance named or described in s.

  8  893.03(1)(c), (2)(c)1.,(2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,

  9  (2)(c)7., (2)(c)8., (2)(c)9., (3), or(4) commits a felony of

10  the second degree, punishable as provided in s. 775.082, s.

11  775.083, or s. 775.084.

12         3.  Any other controlled substance, except as lawfully

13  sold, manufactured, or delivered, must be sentenced to pay a

14  $500 fine and to serve 100 hours of public service in addition

15  to any other penalty prescribed by law.

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17  This paragraph does not apply to a child care facility unless

18  the owner or operator of the facility posts a sign that is not

19  less than 2 square feet in size with a word legend identifying

20  the facility as a licensed child care facility and that is

21  posted on the property of the child care facility in a

22  conspicuous place where the sign is reasonably visible to the

23  public.

24         (d)  Except as authorized by this chapter, it is

25  unlawful for any person to sell, manufacture, or deliver, or

26  possess with intent to sell, manufacture, or deliver, a

27  controlled substance in, on, or within 200 feet of the real

28  property comprising a public or private college, university,

29  or other postsecondary educational institution, or within 200

30  feet of any public park. Any person who violates this

31  paragraph with respect to:

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    Florida Senate - 2003                                  SB 1588
    27-373-03                                            See HB 57




  1         1.  A controlled substance named or described in s.

  2  893.03(1)(a), (1)(b),(1)(d), (2)(a), (2)(b), or (2)(c)4.,

  3  commits a felony of the first degree, punishable as provided

  4  in s. 775.082, s. 775.083, or s. 775.084.

  5         2.  A controlled substance named or described in s.

  6  893.03(1)(c), (2)(c)1.,(2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,

  7  (2)(c)7., (2)(c)8., (2)(c)9., (3), or(4) commits a felony of

  8  the second degree, punishable as provided in s. 775.082, s.

  9  775.083, or s. 775.084.

10         3.  Any other controlled substance, except as lawfully

11  sold, manufactured, or delivered, must be sentenced to pay a

12  $500 fine and to serve 100 hours of public service in addition

13  to any other penalty prescribed by law.

14         (9)  Notwithstanding any provision of the sentencing

15  guidelines or the Criminal Punishment Code to the contrary, on

16  or after October 1, 1993, any defendant who:

17         (a)  Violates subparagraph (1)(a)1., subparagraph

18  (1)(c)2., subparagraph(1)(d)2., subparagraph (2)(a)1., or

19  paragraph (5)(a); and

20         (b)  Has not previously been convicted, regardless of

21  whether adjudication was withheld, of any felony, other than a

22  violation of subparagraph (1)(a)1., subparagraph (1)(c)2.,

23  subparagraph (1)(d)2., subparagraph (2)(a)1., or paragraph

24  (5)(a),

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26  may be required by the court to successfully complete a term

27  of probation pursuant to the terms and conditions set forth in

28  s. 948.034(1), in lieu of serving a term of imprisonment.

29         Section 2.  Paragraphs (c) and (e) of subsection (3) of

30  section 921.0022, Florida Statutes, are amended to read:

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    Florida Senate - 2003                                  SB 1588
    27-373-03                                            See HB 57




  1         921.0022  Criminal Punishment Code; offense severity

  2  ranking chart.--

  3         (3)  OFFENSE SEVERITY RANKING CHART

  4

  5  Florida           Felony

  6  Statute           Degree             Description

  7

  8                              (c)  LEVEL 3

  9  316.193(2)(b)      3rd      Felony DUI, 3rd conviction.

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  327.35(2)(b)       3rd      Felony BUI.

27  328.05(2)          3rd      Possess, sell, or counterfeit

28                              fictitious, stolen, or fraudulent

29                              titles or bills of sale of

30                              vessels.

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    Florida Senate - 2003                                  SB 1588
    27-373-03                                            See HB 57




  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  812.0145(2)(c)     3rd      Theft from person 65 years of age

26                              or older; $300 or more but less

27                              than $10,000.

28  815.04(4)(b)       2nd      Computer offense devised to

29                              defraud or obtain property.

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    Florida Senate - 2003                                  SB 1588
    27-373-03                                            See HB 57




  1  817.034(4)(a)3.    3rd      Engages in scheme to defraud

  2                              (Florida Communications Fraud

  3                              Act), property valued at less

  4                              than $20,000.

  5  817.233            3rd      Burning to defraud insurer.

  6  817.234(8)&(9)     3rd      Unlawful solicitation of persons

  7                              involved in motor vehicle

  8                              accidents.

  9  817.234(11)(a)     3rd      Insurance fraud; property value

10                              less than $20,000.

11  817.505(4)         3rd      Patient brokering.

12  828.12(2)          3rd      Tortures any animal with intent

13                              to inflict intense pain, serious

14                              physical injury, or death.

15  831.28(2)(a)       3rd      Counterfeiting a payment

16                              instrument with intent to defraud

17                              or possessing a counterfeit

18                              payment instrument.

19  831.29             2nd      Possession of instruments for

20                              counterfeiting drivers' licenses

21                              or identification cards.

22  838.021(3)(b)      3rd      Threatens unlawful harm to public

23                              servant.

24  843.19             3rd      Injure, disable, or kill police

25                              dog or horse.

26  870.01(2)          3rd      Riot; inciting or encouraging.

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    Florida Senate - 2003                                  SB 1588
    27-373-03                                            See HB 57




  1  893.13(1)(a)2.     3rd      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).

  7  893.13(1)(d)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 university or public park.

13  893.13(1)(f)2.     2nd      Sell, manufacture, or deliver 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 200 feet

18                              of public housing facility.

19  893.13(6)(a)       3rd      Possession of any controlled

20                              substance other than felony

21                              possession of cannabis.

22  893.13(7)(a)8.     3rd      Withhold information from

23                              practitioner regarding previous

24                              receipt of or prescription for a

25                              controlled substance.

26  893.13(7)(a)9.     3rd      Obtain or attempt to obtain

27                              controlled substance by fraud,

28                              forgery, misrepresentation, etc.

29  893.13(7)(a)10.    3rd      Affix false or forged label to

30                              package of controlled substance.

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    Florida Senate - 2003                                  SB 1588
    27-373-03                                            See HB 57




  1  893.13(7)(a)11.    3rd      Furnish false or fraudulent

  2                              material information on any

  3                              document or record required by

  4                              chapter 893.

  5  893.13(8)(a)1.     3rd      Knowingly assist a patient, other

  6                              person, or owner of an animal in

  7                              obtaining a controlled substance

  8                              through deceptive, untrue, or

  9                              fraudulent representations in or

10                              related to the practitioner's

11                              practice.

12  893.13(8)(a)2.     3rd      Employ a trick or scheme in the

13                              practitioner's practice to assist

14                              a patient, other person, or owner

15                              of an animal in obtaining a

16                              controlled substance.

17  893.13(8)(a)3.     3rd      Knowingly write a prescription

18                              for a controlled substance for a

19                              fictitious person.

20  893.13(8)(a)4.     3rd      Write a prescription for a

21                              controlled substance for a

22                              patient, other person, or an

23                              animal if the sole purpose of

24                              writing the prescription is a

25                              monetary benefit for the

26                              practitioner.

27  918.13(1)(a)       3rd      Alter, destroy, or conceal

28                              investigation evidence.

29  944.47

30   (1)(a)1.-2.       3rd      Introduce contraband to

31                              correctional facility.

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    Florida Senate - 2003                                  SB 1588
    27-373-03                                            See HB 57




  1  944.47(1)(c)       2nd      Possess contraband while upon the

  2                              grounds of a correctional

  3                              institution.

  4  985.3141           3rd      Escapes from a juvenile facility

  5                              (secure detention or residential

  6                              commitment facility).

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  8                              (e)  LEVEL 5

  9  316.027(1)(a)      3rd      Accidents involving personal

10                              injuries, failure to stop;

11                              leaving scene.

12  316.1935(4)        2nd      Aggravated fleeing or eluding.

13  322.34(6)          3rd      Careless operation of motor

14                              vehicle with suspended license,

15                              resulting in death or serious

16                              bodily injury.

17  327.30(5)          3rd      Vessel accidents involving

18                              personal injury; leaving scene.

19  381.0041

20   (11)(b)           3rd      Donate blood, plasma, or organs

21                              knowing HIV positive.

22  790.01(2)          3rd      Carrying a concealed firearm.

23  790.162            2nd      Threat to throw or discharge

24                              destructive device.

25  790.163(1)         2nd      False report of deadly explosive

26                              or weapon of mass destruction.

27  790.221(1)         2nd      Possession of short-barreled

28                              shotgun or machine gun.

29  790.23             2nd      Felons in possession of firearms

30                              or electronic weapons or devices.

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    Florida Senate - 2003                                  SB 1588
    27-373-03                                            See HB 57




  1  800.04(6)(c)       3rd      Lewd or lascivious conduct;

  2                              offender less than 18 years.

  3  800.04(7)(c)       2nd      Lewd or lascivious exhibition;

  4                              offender 18 years or older.

  5  806.111(1)         3rd      Possess, manufacture, or dispense

  6                              fire bomb with intent to damage

  7                              any structure or property.

  8  812.0145(2)(b)     2nd      Theft from person 65 years of age

  9                              or older; $10,000 or more but

10                              less than $50,000.

11  812.015(8)         3rd      Retail theft; property stolen is

12                              valued at $300 or more and one or

13                              more specified acts.

14  812.019(1)         2nd      Stolen property; dealing in or

15                              trafficking in.

16  812.131(2)(b)      3rd      Robbery by sudden snatching.

17  812.16(2)          3rd      Owning, operating, or conducting

18                              a chop shop.

19  817.034(4)(a)2.    2nd      Communications fraud, value

20                              $20,000 to $50,000.

21  817.234(11)(b)     2nd      Insurance fraud; property value

22                              $20,000 or more but less than

23                              $100,000.

24  817.568(2)(b)      2nd      Fraudulent use of personal

25                              identification information; value

26                              of benefit, services received,

27                              payment avoided, or amount of

28                              injury or fraud, $75,000 or more.

29  817.625(2)(b)      2nd      Second or subsequent fraudulent

30                              use of scanning device or

31                              reencoder.

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    Florida Senate - 2003                                  SB 1588
    27-373-03                                            See HB 57




  1  825.1025(4)        3rd      Lewd or lascivious exhibition in

  2                              the presence of an elderly person

  3                              or disabled adult.

  4  827.071(4)         2nd      Possess with intent to promote

  5                              any photographic material, motion

  6                              picture, etc., which includes

  7                              sexual conduct by a child.

  8  839.13(2)(b)       2nd      Falsifying records of an

  9                              individual in the care and

10                              custody of a state agency

11                              involving great bodily harm or

12                              death.

13  843.01             3rd      Resist officer with violence to

14                              person; resist arrest with

15                              violence.

16  874.05(2)          2nd      Encouraging or recruiting another

17                              to join a criminal street gang;

18                              second or subsequent offense.

19  893.13(1)(a)1.     2nd      Sell, manufacture, or deliver

20                              cocaine (or other s.

21                              893.03(1)(a), (1)(b), (1)(d),

22                              (2)(a), (2)(b), or (2)(c)4.

23                              drugs).

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    Florida Senate - 2003                                  SB 1588
    27-373-03                                            See HB 57




  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 public park, publicly

  8                              owned community center or

  9                              recreational facility, child care

10                              facility, or school.

11  893.13(1)(d)1.     1st      Sell, manufacture, or deliver

12                              cocaine (or other s.

13                              893.03(1)(a), (1)(b), (1)(d),

14                              (2)(a), (2)(b), or (2)(c)4.

15                              drugs) within 200 feet of

16                              university or public park.

17  893.13(1)(e)2.     2nd      Sell, manufacture, or deliver

18                              cannabis or other drug prohibited

19                              under s. 893.03(1)(c), (2)(c)1.,

20                              (2)(c)2., (2)(c)3., (2)(c)5.,

21                              (2)(c)6., (2)(c)7., (2)(c)8.,

22                              (2)(c)9., (3), or (4) within

23                              1,000 feet of property used for

24                              religious services or a specified

25                              business site.

26  893.13(1)(f)1.     1st      Sell, manufacture, or deliver

27                              cocaine (or other s.

28                              893.03(1)(a), (1)(b), (1)(d), or

29                              (2)(a), (2)(b), or (2)(c)4.

30                              drugs) within 200 feet of public

31                              housing facility.

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    Florida Senate - 2003                                  SB 1588
    27-373-03                                            See HB 57




  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, 2003.

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