HB 0057 2003
1	A bill to be entitled
2	An act relating to drug abuse prevention and control;
3	amending s. 893.13, F.S.; prohibiting the sale,
4	manufacture, or delivery of controlled substances, or
5	possession of controlled substances with intent to sell,
6	manufacture, or deliver, within 1,000 feet of certain
7	public parks and publicly owned community centers or
8	recreational facilities; providing penalties; amending s.
9	921.0022, F.S.; ranking such offenses on the offense
10	severity ranking chart of the Criminal Punishment Code;
11	providing an effective date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1. Paragraphs (c) and (d) of subsection (1) of
16	section 893.13, Florida Statutes, are amended to read:
17	893.13 Prohibited acts; penalties.--
18	(1)
19	(c) Except as authorized by this chapter, it is unlawful
20	for any person to sell, manufacture, or deliver, or possess with
21	intent to sell, manufacture, or deliver,a controlled substance
22	in, on, or within 1,000 feet of the real property comprisinga
23	public park, a publicly owned community center or recreational
24	facility,a child care facility as defined in s. 402.302,or a
25	public or private elementary, middle, or secondary school
26	between the hours of 6 a.m. and 12 a.m. Any person who violates
27	this paragraph with respect to:
28	1. A controlled substance named or described in s.
29	893.03(1)(a), (1)(b),(1)(d), (2)(a), (2)(b), or (2)(c)4.,
30	commits a felony of the first degree, punishable as provided in
31	s. 775.082, s. 775.083, or s. 775.084. The defendant must be
32	sentenced to a minimum term of imprisonment of 3 calendar years
33	unless the offense was committed within 1,000 feet of the real
34	property comprising a child care facility as defined in s.
35	402.302.
36	2. A controlled substance named or described in s.
37	893.03(1)(c), (2)(c)1.,(2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
38	(2)(c)7., (2)(c)8., (2)(c)9., (3), or(4) commits a felony of the
39	second degree, punishable as provided in s. 775.082, s. 775.083,
40	or s. 775.084.
41	3. Any other controlled substance, except as lawfully
42	sold, manufactured, or delivered, must be sentenced to pay a
43	$500 fine and to serve 100 hours of public service in addition
44	to any other penalty prescribed by law.
45
46	This paragraph does not apply to a child care facility unless
47	the owner or operator of the facility posts a sign that is not
48	less than 2 square feet in size with a word legend identifying
49	the facility as a licensed child care facility and that is
50	posted on the property of the child care facility in a
51	conspicuous place where the sign is reasonably visible to the
52	public.
53	(d) Except as authorized by this chapter, it is unlawful
54	for any person to sell, manufacture, or deliver, or possess with
55	intent to sell, manufacture, or deliver, a controlled substance
56	in, on, or within 200 feet of the real property comprising a
57	public or private college, university, or other postsecondary
58	educational institution, or within 200 feet of any public park.
59	Any person who violates this paragraph with respect to:
60	1. A controlled substance named or described in s.
61	893.03(1)(a), (1)(b),(1)(d), (2)(a), (2)(b), or (2)(c)4.,
62	commits a felony of the first degree, punishable as provided in
63	s. 775.082, s. 775.083, or s. 775.084.
64	2. A controlled substance named or described in s.
65	893.03(1)(c), (2)(c)1.,(2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
66	(2)(c)7., (2)(c)8., (2)(c)9., (3), or(4) commits a felony of the
67	second degree, punishable as provided in s. 775.082, s. 775.083,
68	or s. 775.084.
69	3. Any other controlled substance, except as lawfully
70	sold, manufactured, or delivered, must be sentenced to pay a
71	$500 fine and to serve 100 hours of public service in addition
72	to any other penalty prescribed by law.
73	(9) Notwithstanding any provision of the sentencing
74	guidelines or the Criminal Punishment Code to the contrary, on
75	or after October 1, 1993, any defendant who:
76	(a) Violates subparagraph (1)(a)1., subparagraph (1)(c)2.,
77	subparagraph(1)(d)2., subparagraph (2)(a)1., or paragraph
78	(5)(a); and
79	(b) Has not previously been convicted, regardless of
80	whether adjudication was withheld, of any felony, other than a
81	violation of subparagraph (1)(a)1., subparagraph (1)(c)2.,
82	subparagraph (1)(d)2., subparagraph (2)(a)1., or paragraph
83	(5)(a),
84
85	may be required by the court to successfully complete a term of
86	probation pursuant to the terms and conditions set forth in s.
87	948.034(1), in lieu of serving a term of imprisonment.
88	Section 2. Paragraphs (c) and (e) of subsection (3) of
89	section 921.0022, Florida Statutes, are amended to read:
90	921.0022 Criminal Punishment Code; offense severity
91	ranking chart.--
92	(3) OFFENSE SEVERITY RANKING CHART
93
94	Florida Felony
95	Statute Degree Description
96	(c) LEVEL 3
97	316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in marked patrol vehicle with siren and lights activated.
98	319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
99	319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
100	319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
101	319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
102	328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
103	328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
104	376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
105	501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
106	697.08 3rd Equity skimming.
107	790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
108	796.05(1) 3rd Live on earnings of a prostitute.
109	806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
110	806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
111	810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
112	812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
113	815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
114	817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
115	817.233 3rd Burning to defraud insurer.
116	817.234(8)&(9) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
117	817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
118	817.505(4) 3rd Patient brokering.
119	828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
120	831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
121	831.29 2nd Possession of instruments for counterfeiting drivers' licenses or identification cards.
122	838.021(3)(b) 3rd Threatens unlawful harm to public servant.
123	843.19 3rd Injure, disable, or kill police dog or horse.
124	870.01(2) 3rd Riot; inciting or encouraging.
125	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).
126	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 200 feet of university or public park.
127	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 200 feet of public housing facility.
128	893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
129	893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
130	893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
131	918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
132	944.47 (1)(a)1.-2. 3rd Introduce contraband to correctional facility.
133	944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
134	985.3141 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
135	(e) LEVEL 5
136	316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
137	316.1935(4) 2nd Aggravated fleeing or eluding.
138	322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
139	327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
140	381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
141	790.01(2) 3rd Carrying a concealed firearm.
142	790.162 2nd Threat to throw or discharge destructive device.
143	790.163 2nd False report of deadly explosive.
144	790.165(2) 3rd Manufacture, sell, possess, or deliver hoax bomb.
145	790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
146	790.23 2nd Felons in possession of firearms or electronic weapons or devices.
147	800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
148	800.04(7)(c) 2nd Lewd or lascivious exhibition; offender 18 years or older.
149	806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
150	812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
151	812.019(1) 2nd Stolen property; dealing in or trafficking in.
152	812.131(2)(b) 3rd Robbery by sudden snatching.
153	812.16(2) 3rd Owning, operating, or conducting a chop shop.
154	817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
155	817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
156	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.
157	817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
158	825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
159	827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
160	843.01 3rd Resist officer with violence to person; resist arrest with violence.
161	874.05(2) 2nd Encouraging or recruiting another to join a criminal street gang; second or subsequent offense.
162	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).
163	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 public park, publicly owned community center or recreational facility, child care facility, or school.
164	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 200 feet of university or public park.
165	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.
166	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 200 feet of public housing facility.
167	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).
168	Section 3. This act shall take effect October 1, 2003.
169