HB 0057 2003
1	CHAMBER ACTION
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6	The Committee on Public Safety & Crime Prevention recommends the
7	following:
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9	Committee Substitute
10	Remove the entire bill and insert:
11	A bill to be entitled
12	An act relating to drug abuse prevention and control;
13	amending s. 893.13, F.S.; prohibiting the sale,
14	manufacture, or delivery of controlled substances, or
15	possession of controlled substances with intent to sell,
16	manufacture, or deliver, within 1,000 feet of certain
17	educational institutions, described housing facilities,
18	and any state, county, or municipal park or publicly owned
19	recreational facility or community center; providing a
20	definition; providing penalties; amending s. 921.0022,
21	F.S.; ranking such offenses on the offense severity
22	ranking chart of the Criminal Punishment Code; providing
23	an effective date.
24
25	Be It Enacted by the Legislature of the State of Florida:
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27	Section 1. Paragraphs (c), (d), and (f) of subsection (1)
28	of section 893.13, Florida Statutes, are amended to read:
29	893.13 Prohibited acts; penalties.--
30	(1)
31	(c) Except as authorized by this chapter, it is unlawful
32	for any person to sell, manufacture, or deliver, or possess with
33	intent to sell, manufacture, or deliver,a controlled substance
34	in, on, or within 1,000 feet of the real property comprising a
35	child care facility as defined in s. 402.302 or a public or
36	private elementary, middle, or secondary school between the
37	hours of 6 a.m. and 12 a.m., or at any time in, on, or within
38	1,000 feet of real property comprising a state, county, or
39	municipal park, a community center, or a publicly owned
40	recreational facility. For the purposes of this paragraph, the
41	term “community center” means a facility operated by a nonprofit
42	community-based organization for the provision of recreational,
43	social, or educational services to the general public.Any
44	person who violates this paragraph with respect to:
45	1. A controlled substance named or described in s.
46	893.03(1)(a), (1)(b),(1)(d), (2)(a), (2)(b), or (2)(c)4.,
47	commits a felony of the first degree, punishable as provided in
48	s. 775.082, s. 775.083, or s. 775.084. The defendant must be
49	sentenced to a minimum term of imprisonment of 3 calendar years
50	unless the offense was committed within 1,000 feet of the real
51	property comprising a child care facility as defined in s.
52	402.302.
53	2. A controlled substance named or described in s.
54	893.03(1)(c), (2)(c)1.,(2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
55	(2)(c)7., (2)(c)8., (2)(c)9., (3), or(4) commits a felony of the
56	second degree, punishable as provided in s. 775.082, s. 775.083,
57	or s. 775.084.
58	3. Any other controlled substance, except as lawfully
59	sold, manufactured, or delivered, must be sentenced to pay a
60	$500 fine and to serve 100 hours of public service in addition
61	to any other penalty prescribed by law.
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63	This paragraph does not apply to a child care facility unless
64	the owner or operator of the facility posts a sign that is not
65	less than 2 square feet in size with a word legend identifying
66	the facility as a licensed child care facility and that is
67	posted on the property of the child care facility in a
68	conspicuous place where the sign is reasonably visible to the
69	public.
70	(d) Except as authorized by this chapter, it is unlawful
71	for any person to sell, manufacture, or deliver, or possess with
72	intent to sell, manufacture, or deliver, a controlled substance
73	in, on, or within 1,000200feet of the real property comprising
74	a public or private college, university, or other postsecondary
75	educational institution, or within 200 feet of any public park.
76	Any person who violates this paragraph with respect to:
77	1. A controlled substance named or described in s.
78	893.03(1)(a), (1)(b),(1)(d), (2)(a), (2)(b), or (2)(c)4.,
79	commits a felony of the first degree, punishable as provided in
80	s. 775.082, s. 775.083, or s. 775.084.
81	2. A controlled substance named or described in s.
82	893.03(1)(c), (2)(c)1.,(2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
83	(2)(c)7., (2)(c)8., (2)(c)9., (3), or(4) commits a felony of the
84	second degree, punishable as provided in s. 775.082, s. 775.083,
85	or s. 775.084.
86	3. Any other controlled substance, except as lawfully
87	sold, manufactured, or delivered, must be sentenced to pay a
88	$500 fine and to serve 100 hours of public service in addition
89	to any other penalty prescribed by law.
90	(f) Except as authorized by this chapter, it is unlawful
91	for any person to sell, manufacture, or deliver, or possess with
92	intent to sell, manufacture, or deliver, a controlled substance
93	in, on, or within 1,000200feet of the real property comprising
94	a public housing facility at any time. For purposes of this
95	section, the term "real property comprising a public housing
96	facility" means real property, as defined in s. 421.03(12), of a
97	public corporation created as a housing authority pursuant to
98	part I of chapter 421. Any person who violates this paragraph
99	with respect to:
100	1. A controlled substance named or described in s.
101	893.03(1)(a), (1)(b),(1)(d), (2)(a), (2)(b), or (2)(c)4.,
102	commits a felony of the first degree, punishable as provided in
103	s. 775.082, s. 775.083, or s. 775.084.
104	2. A controlled substance named or described in s.
105	893.03(1)(c), (2)(c)1.,(2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
106	(2)(c)7., (2)(c)8., (2)(c)9., (3), or(4) commits a felony of the
107	second degree, punishable as provided in s. 775.082, s. 775.083,
108	or s. 775.084.
109	3. Any other controlled substance, except as lawfully
110	sold, manufactured, or delivered, must be sentenced to pay a
111	$500 fine and to serve 100 hours of public service in addition
112	to any other penalty prescribed by law.
113	Section 2. Paragraphs (c), (e), and (g) of subsection (3)
114	of 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 or community center.
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	(g) LEVEL 7
194	316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
195	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
196	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
197	409.920(2) 3rd Medicaid provider fraud.
198	456.065(2) 3rd Practicing a health care profession without a license.
199	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
200	458.327(1) 3rd Practicing medicine without a license.
201	459.013(1) 3rd Practicing osteopathic medicine without a license.
202	460.411(1) 3rd Practicing chiropractic medicine without a license.
203	461.012(1) 3rd Practicing podiatric medicine without a license.
204	462.17 3rd Practicing naturopathy without a license.
205	463.015(1) 3rd Practicing optometry without a license.
206	464.016(1) 3rd Practicing nursing without a license.
207	465.015(2) 3rd Practicing pharmacy without a license.
208	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
209	467.201 3rd Practicing midwifery without a license.
210	468.366 3rd Delivering respiratory care services without a license.
211	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
212	483.901(9) 3rd Practicing medical physics without a license.
213	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
214	484.053 3rd Dispensing hearing aids without a license.
215	494.0018(2) 1st Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
216	560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
217	560.125(5)(a) 3rd Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
218	655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
219	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
220	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
221	782.071 2nd Killing of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
222	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
223	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
224	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
225	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
226	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
227	784.07(2)(d) 1st Aggravated battery on law enforcement officer.
228	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
229	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
230	784.081(1) 1st Aggravated battery on specified official or employee.
231	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
232	784.083(1) 1st Aggravated battery on code inspector.
233	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
234	790.16(1) 1st Discharge of a machine gun under specified circumstances.
235	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
236	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
237	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
238	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
239	796.03 2nd Procuring any person under 16 years for prostitution.
240	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
241	800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
242	806.01(2) 2nd Maliciously damage structure by fire or explosive.
243	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
244	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
245	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
246	812.014(2)(a) 1st Property stolen, valued at $100,000 or more; cargo stolen valued at $50,000 or more; property stolen while causing other property damage; 1st degree grand theft.
247	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
248	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
249	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
250	812.131(2)(a) 2nd Robbery by sudden snatching.
251	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
252	817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
253	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
254	825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
255	827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
256	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
257	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
258	872.06 2nd Abuse of a dead human body.
259	893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility,or school, or state, county, or municipal park or publicly owned recreational facility or community center.
260	893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
261	893.13(4)(a) 1st Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
262	893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
263	893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
264	893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
265	893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
266	893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
267	893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
268	893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
269	893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
270	893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
271	893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
272	896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
273	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
274	Section 3. This act shall take effect October 1, 2003.
275