Senate Bill sb1588c1

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    Florida Senate - 2003                           CS for SB 1588

    By the Committee on Criminal Justice; and Senators Aronberg,
    Wilson and Atwater




    307-2183-03

  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 intention to sell,

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

  8         certain educational institutions, described

  9         housing facilities, and any state, county, or

10         municipal park or publicly owned recreational

11         facility or community center; providing a

12         definition; providing penalties; amending s.

13         921.0022, F.S.; ranking such offenses on the

14         offense severity ranking chart of the Criminal

15         Punishment Code; providing an effective date.

16  

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

18  

19         Section 1.  Paragraphs (c), (d), and (f) of subsection

20  (1) of section 893.13, Florida Statutes, are amended to read:

21         893.13  Prohibited acts; penalties.--

22         (1)

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

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

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

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

27  property comprising a child care facility as defined in s.

28  402.302 or a public or private elementary, middle, or

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

30  at any time in, on, or within 1,000 feet of real property

31  comprising a state, county, or municipal park, a community

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    Florida Senate - 2003                           CS for SB 1588
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 1  center, or a publicly owned recreational facility. For the

 2  purposes of this paragraph, the term "community center" means

 3  a facility operated by a nonprofit community-based

 4  organization for the provision of recreational, social, or

 5  educational services to the public. Any person who violates

 6  this paragraph with respect to:

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

 8  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,

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

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

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

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

13  the real property comprising a child care facility as defined

14  in s. 402.302.

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

16  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5.,

17  (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a

18  felony of the second degree, punishable as provided in s.

19  775.082, s. 775.083, or s. 775.084.

20         3.  Any other controlled substance, except as lawfully

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

22  $500 fine and to serve 100 hours of public service in addition

23  to any other penalty prescribed by law.

24  

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

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

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

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

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

30  conspicuous place where the sign is reasonably visible to the

31  public.

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    Florida Senate - 2003                           CS for SB 1588
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 1         (d)  Except as authorized by this chapter, it is

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

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

 4  controlled substance in, on, or within 1,000 200 feet of the

 5  real property comprising a public or private college,

 6  university, or other postsecondary educational institution, or

 7  within 200 feet of any public park. Any person who violates

 8  this paragraph with respect to:

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

10  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,

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

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

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

14  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5.,

15  (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a

16  felony of the second degree, punishable as provided in s.

17  775.082, s. 775.083, or s. 775.084.

18         3.  Any other controlled substance, except as lawfully

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

20  $500 fine and to serve 100 hours of public service in addition

21  to any other penalty prescribed by law.

22         (f)  Except as authorized by this chapter, it is

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

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

25  controlled substance in, on, or within 1,000 200 feet of the

26  real property comprising a public housing facility at any

27  time. For purposes of this section, the term "real property

28  comprising a public housing facility" means real property, as

29  defined in s. 421.03(12), of a public corporation created as a

30  housing authority pursuant to part I of chapter 421. Any

31  person who violates this paragraph with respect to:

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    Florida Senate - 2003                           CS for SB 1588
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 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.,

 7  (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a

 8  felony of the second degree, punishable as provided in s.

 9  775.082, s. 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         Section 2.  Paragraphs (c), (e), and (g) of subsection

15  (3) of section 921.0022, Florida Statutes, are amended to

16  read:

17         921.0022  Criminal Punishment Code; offense severity

18  ranking chart.--

19         (3)  OFFENSE SEVERITY RANKING CHART

20  

21  Florida           Felony

22  Statute           Degree             Description

23  

24                     

25                              (c)  LEVEL 3

26  316.193(2)(b)      3rd      Felony DUI, 3rd conviction.

27  316.1935(2)        3rd      Fleeing or attempting to elude

28                              law enforcement officer in marked

29                              patrol vehicle with siren and

30                              lights activated.

31  

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    Florida Senate - 2003                           CS for SB 1588
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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  327.35(2)(b)       3rd      Felony BUI.

14  328.05(2)          3rd      Possess, sell, or counterfeit

15                              fictitious, stolen, or fraudulent

16                              titles or bills of sale of

17                              vessels.

18  328.07(4)          3rd      Manufacture, exchange, or possess

19                              vessel with counterfeit or wrong

20                              ID number.

21  376.302(5)         3rd      Fraud related to reimbursement

22                              for cleanup expenses under the

23                              Inland Protection Trust Fund.

24  501.001(2)(b)      2nd      Tampers with a consumer product

25                              or the container using materially

26                              false/misleading information.

27  697.08             3rd      Equity skimming.

28  790.15(3)          3rd      Person directs another to

29                              discharge firearm from a vehicle.

30  796.05(1)          3rd      Live on earnings of a prostitute.

31  

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    Florida Senate - 2003                           CS for SB 1588
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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  812.0145(2)(c)     3rd      Theft from person 65 years of age

13                              or older; $300 or more but less

14                              than $10,000.

15  815.04(4)(b)       2nd      Computer offense devised to

16                              defraud or obtain property.

17  817.034(4)(a)3.    3rd      Engages in scheme to defraud

18                              (Florida Communications Fraud

19                              Act), property valued at less

20                              than $20,000.

21  817.233            3rd      Burning to defraud insurer.

22  817.234(8)&(9)     3rd      Unlawful solicitation of persons

23                              involved in motor vehicle

24                              accidents.

25  817.234(11)(a)     3rd      Insurance fraud; property value

26                              less than $20,000.

27  817.505(4)         3rd      Patient brokering.

28  828.12(2)          3rd      Tortures any animal with intent

29                              to inflict intense pain, serious

30                              physical injury, or death.

31  

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    Florida Senate - 2003                           CS for SB 1588
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 1  831.28(2)(a)       3rd      Counterfeiting a payment

 2                              instrument with intent to defraud

 3                              or possessing a counterfeit

 4                              payment instrument.

 5  831.29             2nd      Possession of instruments for

 6                              counterfeiting drivers' licenses

 7                              or identification cards.

 8  838.021(3)(b)      3rd      Threatens unlawful harm to public

 9                              servant.

10  843.19             3rd      Injure, disable, or kill police

11                              dog or horse.

12  870.01(2)          3rd      Riot; inciting or encouraging.

13  893.13(1)(a)2.     3rd      Sell, manufacture, or deliver

14                              cannabis (or other s.

15                              893.03(1)(c), (2)(c)1., (2)(c)2.,

16                              (2)(c)3., (2)(c)5., (2)(c)6.,

17                              (2)(c)7., (2)(c)8., (2)(c)9.,

18                              (3), or (4) drugs).

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

20                              893.03(1)(c), (2)(c)1., (2)(c)2.,

21                              (2)(c)3., (2)(c)5., (2)(c)6.,

22                              (2)(c)7., (2)(c)8., (2)(c)9.,

23                              (3), or (4) drugs within 1,000

24                              200 feet of university or public

25                              park.

26  

27  

28  

29  

30  

31  

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    Florida Senate - 2003                           CS for SB 1588
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 1  893.13(1)(f)2.     2nd      Sell, manufacture, or deliver s.

 2                              893.03(1)(c), (2)(c)1., (2)(c)2.,

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

 4                              (2)(c)7., (2)(c)8., (2)(c)9.,

 5                              (3), or (4) drugs within 1,000

 6                              200 feet of public housing

 7                              facility.

 8  893.13(6)(a)       3rd      Possession of any controlled

 9                              substance other than felony

10                              possession of cannabis.

11  893.13(7)(a)8.     3rd      Withhold information from

12                              practitioner regarding previous

13                              receipt of or prescription for a

14                              controlled substance.

15  893.13(7)(a)9.     3rd      Obtain or attempt to obtain

16                              controlled substance by fraud,

17                              forgery, misrepresentation, etc.

18  893.13(7)(a)10.    3rd      Affix false or forged label to

19                              package of controlled substance.

20  893.13(7)(a)11.    3rd      Furnish false or fraudulent

21                              material information on any

22                              document or record required by

23                              chapter 893.

24  893.13(8)(a)1.     3rd      Knowingly assist a patient, other

25                              person, or owner of an animal in

26                              obtaining a controlled substance

27                              through deceptive, untrue, or

28                              fraudulent representations in or

29                              related to the practitioner's

30                              practice.

31  

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 1  893.13(8)(a)2.     3rd      Employ a trick or scheme in the

 2                              practitioner's practice to assist

 3                              a patient, other person, or owner

 4                              of an animal in obtaining a

 5                              controlled substance.

 6  893.13(8)(a)3.     3rd      Knowingly write a prescription

 7                              for a controlled substance for a

 8                              fictitious person.

 9  893.13(8)(a)4.     3rd      Write a prescription for a

10                              controlled substance for a

11                              patient, other person, or an

12                              animal if the sole purpose of

13                              writing the prescription is a

14                              monetary benefit for the

15                              practitioner.

16  918.13(1)(a)       3rd      Alter, destroy, or conceal

17                              investigation evidence.

18  944.47

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

20                              correctional facility.

21  944.47(1)(c)       2nd      Possess contraband while upon the

22                              grounds of a correctional

23                              institution.

24  985.3141           3rd      Escapes from a juvenile facility

25                              (secure detention or residential

26                              commitment facility).

27                              (e)  LEVEL 5

28  316.027(1)(a)      3rd      Accidents involving personal

29                              injuries, failure to stop;

30                              leaving scene.

31  316.1935(4)        2nd      Aggravated fleeing or eluding.

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 1  322.34(6)          3rd      Careless operation of motor

 2                              vehicle with suspended license,

 3                              resulting in death or serious

 4                              bodily injury.

 5  327.30(5)          3rd      Vessel accidents involving

 6                              personal injury; leaving scene.

 7  381.0041

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

 9                              knowing HIV positive.

10  790.01(2)          3rd      Carrying a concealed firearm.

11  790.162            2nd      Threat to throw or discharge

12                              destructive device.

13  790.163(1)         2nd      False report of deadly explosive

14                              or weapon of mass destruction.

15  790.221(1)         2nd      Possession of short-barreled

16                              shotgun or machine gun.

17  790.23             2nd      Felons in possession of firearms

18                              or electronic weapons or devices.

19  800.04(6)(c)       3rd      Lewd or lascivious conduct;

20                              offender less than 18 years.

21  800.04(7)(c)       2nd      Lewd or lascivious exhibition;

22                              offender 18 years or older.

23  806.111(1)         3rd      Possess, manufacture, or dispense

24                              fire bomb with intent to damage

25                              any structure or property.

26  812.0145(2)(b)     2nd      Theft from person 65 years of age

27                              or older; $10,000 or more but

28                              less than $50,000.

29  812.015(8)         3rd      Retail theft; property stolen is

30                              valued at $300 or more and one or

31                              more specified acts.

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

 2                              trafficking in.

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

 4  812.16(2)          3rd      Owning, operating, or conducting

 5                              a chop shop.

 6  817.034(4)(a)2.    2nd      Communications fraud, value

 7                              $20,000 to $50,000.

 8  817.234(11)(b)     2nd      Insurance fraud; property value

 9                              $20,000 or more but less than

10                              $100,000.

11  817.568(2)(b)      2nd      Fraudulent use of personal

12                              identification information; value

13                              of benefit, services received,

14                              payment avoided, or amount of

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

16  817.625(2)(b)      2nd      Second or subsequent fraudulent

17                              use of scanning device or

18                              reencoder.

19  825.1025(4)        3rd      Lewd or lascivious exhibition in

20                              the presence of an elderly person

21                              or disabled adult.

22  827.071(4)         2nd      Possess with intent to promote

23                              any photographic material, motion

24                              picture, etc., which includes

25                              sexual conduct by a child.

26  839.13(2)(b)       2nd      Falsifying records of an

27                              individual in the care and

28                              custody of a state agency

29                              involving great bodily harm or

30                              death.

31  

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 1  843.01             3rd      Resist officer with violence to

 2                              person; resist arrest with

 3                              violence.

 4  874.05(2)          2nd      Encouraging or recruiting another

 5                              to join a criminal street gang;

 6                              second or subsequent offense.

 7  893.13(1)(a)1.     2nd      Sell, manufacture, or deliver

 8                              cocaine (or other s.

 9                              893.03(1)(a), (1)(b), (1)(d),

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

11                              drugs).

12  893.13(1)(c)2.     2nd      Sell, manufacture, or deliver

13                              cannabis (or other 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 1,000

18                              feet of a child care facility, or

19                              school, or state, county, or

20                              municipal park or publicly owned

21                              recreational facility or

22                              community center.

23  893.13(1)(d)1.     1st      Sell, manufacture, or deliver

24                              cocaine (or other s.

25                              893.03(1)(a), (1)(b), (1)(d),

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

27                              drugs) within 1,000 200 feet of

28                              university or public park.

29  

30  

31  

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

 2                              cannabis or other drug prohibited

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

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

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

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

 7                              1,000 feet of property used for

 8                              religious services or a specified

 9                              business site.

10  893.13(1)(f)1.     1st      Sell, manufacture, or deliver

11                              cocaine (or other s.

12                              893.03(1)(a), (1)(b), (1)(d), or

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

14                              drugs) within 1,000 200 feet of

15                              public housing facility.

16  893.13(4)(b)       2nd      Deliver to minor cannabis (or

17                              other 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) drugs).

21                              (g)  LEVEL 7

22  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

23                              injury.

24  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

25                              bodily injury.

26  402.319(2)         2nd      Misrepresentation and negligence

27                              or intentional act resulting in

28                              great bodily harm, permanent

29                              disfiguration, permanent

30                              disability, or death.

31  409.920(2)         3rd      Medicaid provider fraud.

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 1  456.065(2)         3rd      Practicing a health care

 2                              profession without a license.

 3  456.065(2)         2nd      Practicing a health care

 4                              profession without a license

 5                              which results in serious bodily

 6                              injury.

 7  458.327(1)         3rd      Practicing medicine without a

 8                              license.

 9  459.013(1)         3rd      Practicing osteopathic medicine

10                              without a license.

11  460.411(1)         3rd      Practicing chiropractic medicine

12                              without a license.

13  461.012(1)         3rd      Practicing podiatric medicine

14                              without a license.

15  462.17             3rd      Practicing naturopathy without a

16                              license.

17  463.015(1)         3rd      Practicing optometry without a

18                              license.

19  464.016(1)         3rd      Practicing nursing without a

20                              license.

21  465.015(2)         3rd      Practicing pharmacy without a

22                              license.

23  466.026(1)         3rd      Practicing dentistry or dental

24                              hygiene without a license.

25  467.201            3rd      Practicing midwifery without a

26                              license.

27  468.366            3rd      Delivering respiratory care

28                              services without a license.

29  483.828(1)         3rd      Practicing as clinical laboratory

30                              personnel without a license.

31  

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 1  483.901(9)         3rd      Practicing medical physics

 2                              without a license.

 3  484.013(1)(c)      3rd      Preparing or dispensing optical

 4                              devices without a prescription.

 5  484.053            3rd      Dispensing hearing aids without a

 6                              license.

 7  494.0018(2)        1st      Conviction of any violation of

 8                              ss. 494.001-494.0077 in which the

 9                              total money and property

10                              unlawfully obtained exceeded

11                              $50,000 and there were five or

12                              more victims.

13  560.123(8)(b)1.    3rd      Failure to report currency or

14                              payment instruments exceeding

15                              $300 but less than $20,000 by

16                              money transmitter.

17  560.125(5)(a)      3rd      Money transmitter business by

18                              unauthorized person, currency or

19                              payment instruments exceeding

20                              $300 but less than $20,000.

21  655.50(10)(b)1.    3rd      Failure to report financial

22                              transactions exceeding $300 but

23                              less than $20,000 by financial

24                              institution.

25  782.051(3)         2nd      Attempted felony murder of a

26                              person by a person other than the

27                              perpetrator or the perpetrator of

28                              an attempted felony.

29  

30  

31  

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 1  782.07(1)          2nd      Killing of a human being by the

 2                              act, procurement, or culpable

 3                              negligence of another

 4                              (manslaughter).

 5  782.071            2nd      Killing of human being or viable

 6                              fetus by the operation of a motor

 7                              vehicle in a reckless manner

 8                              (vehicular homicide).

 9  782.072            2nd      Killing of a human being by the

10                              operation of a vessel in a

11                              reckless manner (vessel

12                              homicide).

13  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

14                              causing great bodily harm or

15                              disfigurement.

16  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

17                              weapon.

18  784.045(1)(b)      2nd      Aggravated battery; perpetrator

19                              aware victim pregnant.

20  784.048(4)         3rd      Aggravated stalking; violation of

21                              injunction or court order.

22  784.07(2)(d)       1st      Aggravated battery on law

23                              enforcement officer.

24  784.074(1)(a)      1st      Aggravated battery on sexually

25                              violent predators facility staff.

26  784.08(2)(a)       1st      Aggravated battery on a person 65

27                              years of age or older.

28  784.081(1)         1st      Aggravated battery on specified

29                              official or employee.

30  

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 1  784.082(1)         1st      Aggravated battery by detained

 2                              person on visitor or other

 3                              detainee.

 4  784.083(1)         1st      Aggravated battery on code

 5                              inspector.

 6  790.07(4)          1st      Specified weapons violation

 7                              subsequent to previous conviction

 8                              of s. 790.07(1) or (2).

 9  790.16(1)          1st      Discharge of a machine gun under

10                              specified circumstances.

11  790.165(2)         2nd      Manufacture, sell, possess, or

12                              deliver hoax bomb.

13  790.165(3)         2nd      Possessing, displaying, or

14                              threatening to use any hoax bomb

15                              while committing or attempting to

16                              commit a felony.

17  790.166(3)         2nd      Possessing, selling, using, or

18                              attempting to use a hoax weapon

19                              of mass destruction.

20  790.166(4)         2nd      Possessing, displaying, or

21                              threatening to use a hoax weapon

22                              of mass destruction while

23                              committing or attempting to

24                              commit a felony.

25  796.03             2nd      Procuring any person under 16

26                              years for prostitution.

27  800.04(5)(c)1.     2nd      Lewd or lascivious molestation;

28                              victim less than 12 years of age;

29                              offender less than 18 years.

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 1  800.04(5)(c)2.     2nd      Lewd or lascivious molestation;

 2                              victim 12 years of age or older

 3                              but less than 16 years; offender

 4                              18 years or older.

 5  806.01(2)          2nd      Maliciously damage structure by

 6                              fire or explosive.

 7  810.02(3)(a)       2nd      Burglary of occupied dwelling;

 8                              unarmed; no assault or battery.

 9  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

10                              unarmed; no assault or battery.

11  810.02(3)(d)       2nd      Burglary of occupied conveyance;

12                              unarmed; no assault or battery.

13  812.014(2)(a)      1st      Property stolen, valued at

14                              $100,000 or more; cargo stolen

15                              valued at $50,000 or more;

16                              property stolen while causing

17                              other property damage; 1st degree

18                              grand theft.

19  812.014(2)(b)3.    2nd      Property stolen, emergency

20                              medical equipment; 2nd degree

21                              grand theft.

22  812.0145(2)(a)     1st      Theft from person 65 years of age

23                              or older; $50,000 or more.

24  812.019(2)         1st      Stolen property; initiates,

25                              organizes, plans, etc., the theft

26                              of property and traffics in

27                              stolen property.

28  812.131(2)(a)      2nd      Robbery by sudden snatching.

29  812.133(2)(b)      1st      Carjacking; no firearm, deadly

30                              weapon, or other weapon.

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 1  817.234(11)(c)     1st      Insurance fraud; property value

 2                              $100,000 or more.

 3  825.102(3)(b)      2nd      Neglecting an elderly person or

 4                              disabled adult causing great

 5                              bodily harm, disability, or

 6                              disfigurement.

 7  825.103(2)(b)      2nd      Exploiting an elderly person or

 8                              disabled adult and property is

 9                              valued at $20,000 or more, but

10                              less than $100,000.

11  827.03(3)(b)       2nd      Neglect of a child causing great

12                              bodily harm, disability, or

13                              disfigurement.

14  827.04(3)          3rd      Impregnation of a child under 16

15                              years of age by person 21 years

16                              of age or older.

17  837.05(2)          3rd      Giving false information about

18                              alleged capital felony to a law

19                              enforcement officer.

20  872.06             2nd      Abuse of a dead human body.

21  893.13(1)(c)1.     1st      Sell, manufacture, or deliver

22                              cocaine (or other drug prohibited

23                              under s. 893.03(1)(a), (1)(b),

24                              (1)(d), (2)(a), (2)(b), or

25                              (2)(c)4.) within 1,000 feet of a

26                              child care facility, or school,

27                              or state, county, or municipal

28                              park or publicly owned

29                              recreational facility or

30                              community center.

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 1  893.13(1)(e)1.     1st      Sell, manufacture, or deliver

 2                              cocaine or other drug prohibited

 3                              under s. 893.03(1)(a), (1)(b),

 4                              (1)(d), (2)(a), (2)(b), or

 5                              (2)(c)4., within 1,000 feet of

 6                              property used for religious

 7                              services or a specified business

 8                              site.

 9  893.13(4)(a)       1st      Deliver to minor cocaine (or

10                              other s. 893.03(1)(a), (1)(b),

11                              (1)(d), (2)(a), (2)(b), or

12                              (2)(c)4. drugs).

13  893.135(1)(a)1.    1st      Trafficking in cannabis, more

14                              than 25 lbs., less than 2,000

15                              lbs.

16  893.135

17   (1)(b)1.a.        1st      Trafficking in cocaine, more than

18                              28 grams, less than 200 grams.

19  893.135

20   (1)(c)1.a.        1st      Trafficking in illegal drugs,

21                              more than 4 grams, less than 14

22                              grams.

23  893.135

24   (1)(d)1.          1st      Trafficking in phencyclidine,

25                              more than 28 grams, less than 200

26                              grams.

27  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

28                              than 200 grams, less than 5

29                              kilograms.

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 1  893.135(1)(f)1.    1st      Trafficking in amphetamine, more

 2                              than 14 grams, less than 28

 3                              grams.

 4  893.135

 5   (1)(g)1.a.        1st      Trafficking in flunitrazepam, 4

 6                              grams or more, less than 14

 7                              grams.

 8  893.135

 9   (1)(h)1.a.        1st      Trafficking in

10                              gamma-hydroxybutyric acid (GHB),

11                              1 kilogram or more, less than 5

12                              kilograms.

13  893.135

14   (1)(j)1.a.        1st      Trafficking in 1,4-Butanediol, 1

15                              kilogram or more, less than 5

16                              kilograms.

17  893.135

18   (1)(k)2.a.        1st      Trafficking in Phenethylamines,

19                              10 grams or more, less than 200

20                              grams.

21  896.101(5)(a)      3rd      Money laundering, financial

22                              transactions exceeding $300 but

23                              less than $20,000.

24  896.104(4)(a)1.    3rd      Structuring transactions to evade

25                              reporting or registration

26                              requirements, financial

27                              transactions exceeding $300 but

28                              less than $20,000.

29         Section 3.  This act shall take effect July 1, 2003.

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1588

 3                                 

 4  -    Clarifies that the term "park" (as used in a provision
         relating to controlled substance offenses committed
 5       within 1,000 feet of a park) includes state, county, and
         municipal parks.
 6  
    -    Defines the term "community center" (as used in a
 7       provision relating to controlled substance offenses
         committed within 1,000 feet of a community center) as a
 8       facility operated by a nonprofit community-based
         organization for the provision of recreational, social,
 9       or educational services.

10  -    Provides for enhanced penalties for controlled substance
         offenses committed within 1,000 feet of a public or
11       private college, university, or other postsecondary
         education institution.
12  
    -    Provides for enhanced penalties for controlled substance
13       offenses committed within 1,000 feet of a public housing
         facility.
14  
    -    Amends s. 921.0022, F.S., the offense ranking chart of
15       the Criminal Punishment Code, to amend descriptions and
         rankings of offenses to conform to these amendments.
16  
    -    Changes the effective date to July 1, 2003.
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