Senate Bill sb1588
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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.
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15 Be It Enacted by the Legislature of the State of Florida:
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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
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5 Florida Felony
6 Statute Degree Description
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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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