HB 0051 2003
1	A bill to be entitled
2	An act relating to controlled substances; amending s.
3	893.13, F.S.; prohibiting the sale, manufacture, or
4	delivery of controlled substances, or possession of
5	controlled substances with intent to sell, manufacture, or
6	deliver, within 1,000 feet of certain educational
7	institutions, described housing facilities, and any state,
8	county, or municipal park or publicly owned recreational
9	facility; providing penalties; amending s. 921.0022, F.S.;
10	ranking such offenses on the offense severity ranking
11	chart of the Criminal Punishment Code; providing an
12	effective date.
13
14	Be It Enacted by the Legislature of the State of Florida:
15
16	Section 1. Paragraphs (c), (d), and (f) of subsection (1)
17	of section 893.13, Florida Statutes, are amended to read:
18	893.13 Prohibited acts; penalties.--
19	(1)
20	(c) Except as authorized by this chapter, it is unlawful
21	for any person to sell, manufacture, or deliver, or possess with
22	intent to sell, manufacture, or deliver,a controlled substance
23	in, on, or within 1,000 feet of the real property comprising a
24	child care facility as defined in s. 402.302 or a public or
25	private elementary, middle, or secondary school between the
26	hours of 6 a.m. and 12 a.m., or at any time in, on, or within
27	1,000 feet of real property comprising a state, county, or
28	municipal park or publicly owned recreational facility.Any
29	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.,
32	commits a felony of the first degree, punishable as provided in
33	s. 775.082, s. 775.083, or s. 775.084. The defendant must be
34	sentenced to a minimum term of imprisonment of 3 calendar years
35	unless the offense was committed within 1,000 feet of the real
36	property comprising a child care facility as defined in s.
37	402.302.
38	2. A controlled substance named or described in s.
39	893.03(1)(c), (2)(c)1.,(2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
40	(2)(c)7., (2)(c)8., (2)(c)9., (3), or(4) commits a felony of the
41	second degree, punishable as provided in s. 775.082, s. 775.083,
42	or s. 775.084.
43	3. Any other controlled substance, except as lawfully
44	sold, manufactured, or delivered, must be sentenced to pay a
45	$500 fine and to serve 100 hours of public service in addition
46	to any other penalty prescribed by law.
47
48	This paragraph does not apply to a child care facility unless
49	the owner or operator of the facility posts a sign that is not
50	less than 2 square feet in size with a word legend identifying
51	the facility as a licensed child care facility and that is
52	posted on the property of the child care facility in a
53	conspicuous place where the sign is reasonably visible to the
54	public.
55	(d) Except as authorized by this chapter, it is unlawful
56	for any person to sell, manufacture, or deliver, or possess with
57	intent to sell, manufacture, or deliver, a controlled substance
58	in, on, or within1,000200feet of the real property comprising
59	a public or private college, university, or other postsecondary
60	educational institution, or within 200 feet of any public park.
61	Any person who violates this paragraph with respect to:
62	1. A controlled substance named or described in s.
63	893.03(1)(a), (1)(b),(1)(d), (2)(a), (2)(b), or (2)(c)4.,
64	commits a felony of the first degree, punishable as provided in
65	s. 775.082, s. 775.083, or s. 775.084.
66	2. A controlled substance named or described in s.
67	893.03(1)(c), (2)(c)1.,(2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
68	(2)(c)7., (2)(c)8., (2)(c)9., (3), or(4) commits a felony of the
69	second degree, punishable as provided in s. 775.082, s. 775.083,
70	or s. 775.084.
71	3. Any other controlled substance, except as lawfully
72	sold, manufactured, or delivered, must be sentenced to pay a
73	$500 fine and to serve 100 hours of public service in addition
74	to any other penalty prescribed by law.
75	(f) Except as authorized by this chapter, it is unlawful
76	for any person to sell, manufacture, or deliver, or possess with
77	intent to sell, manufacture, or deliver, a controlled substance
78	in, on, or within1,000200feet of the real property comprising
79	a public housing facility at any time. For purposes of this
80	section, the term "real property comprising a public housing
81	facility" means real property, as defined in s. 421.03(12), of a
82	public corporation created as a housing authority pursuant to
83	part I of chapter 421. Any person who violates this paragraph
84	with respect to:
85	1. A controlled substance named or described in s.
86	893.03(1)(a), (1)(b),(1)(d), (2)(a), (2)(b), or (2)(c)4.,
87	commits a felony of the first degree, punishable as provided in
88	s. 775.082, s. 775.083, or s. 775.084.
89	2. A controlled substance named or described in s.
90	893.03(1)(c), (2)(c)1.,(2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
91	(2)(c)7., (2)(c)8., (2)(c)9., (3), or(4) commits a felony of the
92	second degree, punishable as provided in s. 775.082, s. 775.083,
93	or s. 775.084.
94	3. Any other controlled substance, except as lawfully
95	sold, manufactured, or delivered, must be sentenced to pay a
96	$500 fine and to serve 100 hours of public service in addition
97	to any other penalty prescribed by law.
98	(9) Notwithstanding any provision of the sentencing
99	guidelines or the Criminal Punishment Code to the contrary, on
100	or after October 1, 1993, any defendant who:
101	(a) Violates subparagraph (1)(a)1., subparagraph (1)(c)2.,
102	subparagraph(1)(d)2., subparagraph (2)(a)1., or paragraph
103	(5)(a); and
104	(b) Has not previously been convicted, regardless of
105	whether adjudication was withheld, of any felony, other than a
106	violation of subparagraph (1)(a)1., subparagraph (1)(c)2.,
107	subparagraph (1)(d)2., subparagraph (2)(a)1., or paragraph
108	(5)(a),
109
110	may be required by the court to successfully complete a term of
111	probation pursuant to the terms and conditions set forth in s.
112	948.034(1), in lieu of serving a term of imprisonment.
113	Section 2. Paragraphs (c) and (e) of subsection (3) of
114	section 921.0022, Florida Statutes, are amended to read:
115	921.0022 Criminal Punishment Code; offense severity
116	ranking chart.--
117	(3) OFFENSE SEVERITY RANKING CHART
118
119	Florida Felony
120	Statute Degree Description
121	(c) LEVEL 3
122	316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in marked patrol vehicle with siren and lights activated.
123	319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
124	319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
125	319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
126	319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
127	328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
128	328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
129	376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
130	501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
131	697.08 3rd Equity skimming.
132	790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
133	796.05(1) 3rd Live on earnings of a prostitute.
134	806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
135	806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
136	810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
137	812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
138	815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
139	817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
140	817.233 3rd Burning to defraud insurer.
141	817.234(8)&(9) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
142	817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
143	817.505(4) 3rd Patient brokering.
144	828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
145	831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
146	831.29 2nd Possession of instruments for counterfeiting drivers' licenses or identification cards.
147	838.021(3)(b) 3rd Threatens unlawful harm to public servant.
148	843.19 3rd Injure, disable, or kill police dog or horse.
149	870.01(2) 3rd Riot; inciting or encouraging.
150	893.13(1)(a)2. 3rd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7.,(2)(c)8., (2)(c)9., (3), or (4) drugs).
151	893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c),(2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8.,(2)(c)9., (3), or (4) drugs within 1,000200 feet of university or public park.
152	893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c),(2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8.,(2)(c)9., (3), or (4) drugs within 1,000200 feet of public housing facility.
153	893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
154	893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
155	893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
156	918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
157	944.47 (1)(a)1.-2. 3rd Introduce contraband to correctional facility.
158	944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
159	985.3141 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
160	(e) LEVEL 5
161	316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
162	316.1935(4) 2nd Aggravated fleeing or eluding.
163	322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
164	327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
165	381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
166	790.01(2) 3rd Carrying a concealed firearm.
167	790.162 2nd Threat to throw or discharge destructive device.
168	790.163 2nd False report of deadly explosive.
169	790.165(2) 3rd Manufacture, sell, possess, or deliver hoax bomb.
170	790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
171	790.23 2nd Felons in possession of firearms or electronic weapons or devices.
172	800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
173	800.04(7)(c) 2nd Lewd or lascivious exhibition; offender 18 years or older.
174	806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
175	812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
176	812.019(1) 2nd Stolen property; dealing in or trafficking in.
177	812.131(2)(b) 3rd Robbery by sudden snatching.
178	812.16(2) 3rd Owning, operating, or conducting a chop shop.
179	817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
180	817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
181	817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $75,000 or more.
182	817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
183	825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
184	827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
185	843.01 3rd Resist officer with violence to person; resist arrest with violence.
186	874.05(2) 2nd Encouraging or recruiting another to join a criminal street gang; second or subsequent offense.
187	893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
188	893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7.,(2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility,or school, or state, county, or municipal park or publicly owned recreational facility.
189	893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000200 feet of university or public park.
190	893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5.,(2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
191	893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000200 feet of public housing facility.
192	893.13(4)(b) 2nd Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7.,(2)(c)8., (2)(c)9., (3), or (4) drugs).
193	Section 3. This act shall take effect October 1, 2003.
194