Senate Bill sb0160c1

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    Florida Senate - 2003                            CS for SB 160

    By the Committee on Criminal Justice; and Senators Wise and
    Fasano




    307-1840-03

  1                      A bill to be entitled

  2         An act relating to controlled substances;

  3         creating s. 893.031, F.S.; providing

  4         definitions; specifying that for purposes of

  5         certain industrial uses, 1,4-Butanediol and

  6         gamma-butyrolactone (GBL) are excepted from the

  7         schedule of controlled substances when in the

  8         possession of an authorized manufacturer or

  9         distributor or person possessing a finished

10         product; providing circumstances under which

11         the exceptions do not apply; reenacting s.

12         893.03(1)(d), F.S., relating to certain

13         substances controlled under Schedule I;

14         amending s. 893.13, F.S.; clarifying the hours

15         during which it is unlawful to sell,

16         manufacture, deliver, or possess a controlled

17         substance within a specified distance of a

18         child care facility or public or private

19         elementary, middle, or secondary school;

20         amending s. 893.135, F.S., relating to

21         trafficking offenses; correcting a case

22         citation; providing an effective date.

23

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

25

26         Section 1.  Section 893.031, Florida Statutes, is

27  created to read:

28         893.031  Industrial exceptions to controlled substance

29  scheduling.--

30         (1)  For the purpose of this section, the following

31  meanings of terms shall apply:

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    Florida Senate - 2003                            CS for SB 160
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  1         (a)  "Manufacture" means any process or operation

  2  necessary for manufacturing a product.

  3         (b)  "Distribution" means any process or operation

  4  necessary for distributing a product, including, but not

  5  limited to, wholesaling, delivery or transport, and storage.

  6         (c)  "Manufacturer of 1,4-Butanediol" means a person

  7  who is involved in the manufacture of 1,4-Butanediol for use

  8  in the manufacture of an industrial product, and who provides

  9  that manufactured 1,4-Butanediol to a distributor of

10  1,4-Butanediol or a manufacturer of an industrial product.

11         (d)  "Distributor of 1,4-Butanediol" means a person who

12  is involved in the distribution of 1,4-Butanediol.

13         (e)  "Manufacturer of gamma-butyrolactone (GBL)" means

14  a person who:

15         1.  Is involved in the manufacture of

16  gamma-butyrolactone (GBL) for use in the manufacture of an

17  industrial product, and who provides that manufactured

18  gamma-butyrolactone (GBL) to a distributor of

19  gamma-butyrolactone (GBL) or a manufacturer of an industrial

20  product; and

21         2.  Is in compliance with any requirements to register

22  with the United States Drug Enforcement Administration as a

23  List I Chemical registrant.

24         (f)  "Distributor of gamma-butyrolactone (GBL)" means a

25  person who:

26         1.  Is involved in the distribution of

27  gamma-butyrolactone (GBL); and

28         2.  Is in compliance with any requirements to register

29  with the United States Drug Enforcement Administration as a

30  List I Chemical registrant.

31

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    Florida Senate - 2003                            CS for SB 160
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  1         (g)  "Manufacturer of an industrial product" means a

  2  person who is involved in the manufacture of an industrial

  3  product in which that person acquires:

  4         1.  1,4-Butanediol from a manufacturer of

  5  1,4-Butanediol or a distributor of 1,4-Butanediol, and who

  6  possesses that substance for use in the manufacture of an

  7  industrial product; or

  8         2.  Gamma-butyrolactone (GBL) from a manufacturer of

  9  gamma-butyrolactone (GBL) or a distributor of

10  gamma-butyrolactone (GBL), and who possesses that substance

11  for use in the manufacture of an industrial product.

12         (h)  "Distributor of an industrial product" means a

13  person who is involved in the distribution of an industrial

14  product.

15         (i)  "Industrial product" means a non-drug,

16  non-controlled finished product that is not for human

17  consumption.

18         (j)  "Finished product" means a product:

19         1.  That does not contain either 1,4-Butanediol or

20  gamma-butyrolactone (GBL); or

21         2.  From which neither 1,4-Butanediol nor

22  gamma-butyrolactone (GBL) can be readily extracted or readily

23  synthesized, and which is not sold for human consumption.

24         (2)  1,4-Butanediol is excepted from scheduling

25  pursuant to s. 893.03(1)(d)1., when that substance is in the

26  possession of:

27         (a)  A manufacturer of 1,4-Butanediol or a distributor

28  of 1,4-Butanediol;

29         (b)  A manufacturer of an industrial product or a

30  distributor of an industrial product; or

31         (c)  A person possessing a finished product.

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    Florida Senate - 2003                            CS for SB 160
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  1         (3)  Gamma-butyrolactone (GBL) is excepted from

  2  scheduling pursuant to s. 893.03(1)(d)2., when that substance

  3  is in the possession of:

  4         (a)  A manufacturer of gamma-butyrolactone (GBL) or a

  5  distributor of gamma-butyrolactone (GBL);

  6         (b)  A manufacturer of an industrial product or a

  7  distributor of an industrial product; or

  8         (c)  A person possessing a finished product.

  9         (4)  This section does not apply to:

10         (a)  A manufacturer of 1,4-Butanediol or a distributor

11  of 1,4-Butanediol who sells, delivers, or otherwise

12  distributes that substance to a person who is not a

13  distributor of 1,4-Butanediol or a manufacturer of an

14  industrial product;

15         (b)  A manufacturer of gamma-butyrolactone (GBL) or a

16  distributor of gamma-butyrolactone (GBL) who sells, delivers,

17  or otherwise distributes that substance to a person who is not

18  a distributor of gamma-butyrolactone (GBL) or a manufacturer

19  of an industrial product;

20         (c)  A person who possesses 1,4-Butanediol but who is

21  not a manufacturer of 1,4-Butanediol, a distributor of

22  1,4-Butanediol, a manufacturer of an industrial product, a

23  distributor of an industrial product, or a person possessing a

24  finished product as described in paragraph (2)(c) or paragraph

25  (3)(c);

26         (d)  A person who possesses gamma-butyrolactone (GBL)

27  but who is not a manufacturer of gamma-butyrolactone (GBL), a

28  distributor of gamma-butyrolactone (GBL), a manufacturer of an

29  industrial product, a distributor of an industrial product, or

30  a person possessing a finished product as described in

31  paragraph (2)(c) or paragraph (3)(c);

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    Florida Senate - 2003                            CS for SB 160
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  1         (e)  A person who extracts or synthesizes either

  2  1,4-Butanediol or gamma-butyrolactone (GBL) from a finished

  3  product as described in subparagraph(1)(j)2. or a person who

  4  extracts or synthesizes 1,4-Butanediol or gamma-butyrolactone

  5  (GBL) from any product or material, unless such extraction or

  6  synthesis is authorized by law; or

  7         (f)  A person whose possession of either 1,4-Butanediol

  8  or gamma-butyrolactone (GBL) is not in compliance with the

  9  requirements of this section or whose possession of either of

10  those substances is not specifically authorized by law.

11         Section 2.  Paragraph (d) of subsection (1) of section

12  893.03, Florida Statutes, is reenacted to read:

13         893.03  Standards and schedules.--The substances

14  enumerated in this section are controlled by this chapter.

15  The controlled substances listed or to be listed in Schedules

16  I, II, III, IV, and V are included by whatever official,

17  common, usual, chemical, or trade name designated.  The

18  provisions of this section shall not be construed to include

19  within any of the schedules contained in this section any

20  excluded drugs listed within the purview of 21 C.F.R. s.

21  1308.22, styled "Excluded Substances"; 21 C.F.R. s. 1308.24,

22  styled "Exempt Chemical Preparations"; 21 C.F.R. s. 1308.32,

23  styled "Exempted Prescription Products"; or 21 C.F.R. s.

24  1308.34, styled "Exempt Anabolic Steroid Products."

25         (1)  SCHEDULE I.--A substance in Schedule I has a high

26  potential for abuse and has no currently accepted medical use

27  in treatment in the United States and in its use under medical

28  supervision does not meet accepted safety standards.  The

29  following substances are controlled in Schedule I:

30         (d)  Unless specifically excepted or unless listed in

31  another schedule, any material, compound, mixture, or

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    Florida Senate - 2003                            CS for SB 160
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  1  preparation which contains any quantity of the following

  2  substances, including any of its salts, isomers, optical

  3  isomers, salts of their isomers, and salts of these optical

  4  isomers whenever the existence of such isomers and salts is

  5  possible within the specific chemical designation:

  6         1.  1,4-Butanediol.

  7         2.  Gamma-butyrolactone (GBL).

  8         3.  Gamma-hydroxybutyric acid (GHB).

  9         4.  Methaqualone.

10         5.  Mecloqualone.

11         Section 3.  Paragraph (c) of subsection (1) of section

12  893.13, Florida Statutes, is amended to read:

13         893.13  Prohibited acts; penalties.--

14         (1)

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

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

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

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

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

20  402.302 or a public or private elementary, middle, or

21  secondary school between the hours of 6 a.m. and 12 midnight

22  a.m.  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

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

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

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

29  the real property comprising a child care facility as defined

30  in s. 402.302.

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    Florida Senate - 2003                            CS for SB 160
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  1         2.  A controlled substance named or described in s.

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

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

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

  5  775.082, s. 775.083, or s. 775.084.

  6         3.  Any other controlled substance, except as lawfully

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

  8  $500 fine and to serve 100 hours of public service in addition

  9  to any other penalty prescribed by law.

10

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

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

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

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

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

16  conspicuous place where the sign is reasonably visible to the

17  public.

18         Section 4.  Subsection (7) of section 893.135, Florida

19  Statutes, is amended to read:

20         893.135  Trafficking; mandatory sentences; suspension

21  or reduction of sentences; conspiracy to engage in

22  trafficking.--

23         (7)  For the purpose of further clarifying legislative

24  intent, the Legislature finds that the opinion in Hayes v.

25  State, 750 760 So. 2d 1 (Fla. 1999) does not correctly

26  construe legislative intent. The Legislature finds that the

27  opinions in State v. Hayes, 720 So. 2d 1095 (Fla. 4th DCA

28  1998) and State v. Baxley, 684 So. 2d 831 (Fla. 5th DCA 1996)

29  correctly construe legislative intent.

30         Section 5.  This act shall take effect upon becoming a

31  law.

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    Florida Senate - 2003                            CS for SB 160
    307-1840-03




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 160

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  4  Corrects language in the definitions of "manufacturer of
    1,4-Butanediol" and "manufacturer of gamma-butyrolactone
  5  (GBL)" to ensure that these similar definitions contain
    similar language.
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