HB 0057, Engrossed 1 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	educational institutions, described housing facilities,
8	and any state, county, or municipal park or publicly owned
9	recreational facility or community center; providing a
10	definition; providing penalties; amending s. 921.0022,
11	F.S.; ranking such offenses on the offense severity
12	ranking chart of the Criminal Punishment Code; providing
13	an effective date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1. Paragraphs (c), (d), and (f) of subsection (1)
18	of section 893.13, Florida Statutes, are amended to read:
19	893.13 Prohibited acts; penalties.--
20	(1)
21	(c) Except as authorized by this chapter, it is unlawful
22	for any person to sell, manufacture, or deliver, or possess with
23	intent to sell, manufacture, or deliver,a controlled substance
24	in, on, or within 1,000 feet of the real property comprising a
25	child care facility as defined in s. 402.302 or a public or
26	private elementary, middle, or secondary school between the
27	hours of 6 a.m. and 12 a.m., or at any time in, on, or within
28	1,000 feet of real property comprising a state, county, or
29	municipal park, a community center, or a publicly owned
30	recreational facility. For the purposes of this paragraph, the
31	term “community center” means a facility operated by a nonprofit
32	community-based organization for the provision of recreational,
33	social, or educational services to the general public.Any
34	person who violates this paragraph with respect to:
35	1. A controlled substance named or described in s.
36	893.03(1)(a), (1)(b),(1)(d), (2)(a), (2)(b), or (2)(c)4.,
37	commits a felony of the first degree, punishable as provided in
38	s. 775.082, s. 775.083, or s. 775.084. The defendant must be
39	sentenced to a minimum term of imprisonment of 3 calendar years
40	unless the offense was committed within 1,000 feet of the real
41	property comprising a child care facility as defined in s.
42	402.302.
43	2. A controlled substance named or described in s.
44	893.03(1)(c), (2)(c)1.,(2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
45	(2)(c)7., (2)(c)8., (2)(c)9., (3), or(4) commits a felony of the
46	second degree, punishable as provided in s. 775.082, s. 775.083,
47	or s. 775.084.
48	3. Any other controlled substance, except as lawfully
49	sold, manufactured, or delivered, must be sentenced to pay a
50	$500 fine and to serve 100 hours of public service in addition
51	to any other penalty prescribed by law.
52
53	This paragraph does not apply to a child care facility unless
54	the owner or operator of the facility posts a sign that is not
55	less than 2 square feet in size with a word legend identifying
56	the facility as a licensed child care facility and that is
57	posted on the property of the child care facility in a
58	conspicuous place where the sign is reasonably visible to the
59	public.
60	(d) Except as authorized by this chapter, it is unlawful
61	for any person to sell, manufacture, or deliver, or possess with
62	intent to sell, manufacture, or deliver, a controlled substance
63	in, on, or within 1,000200feet of the real property comprising
64	a public or private college, university, or other postsecondary
65	educational institution, or within 200 feet of any public park.
66	Any person who violates this paragraph with respect to:
67	1. A controlled substance named or described in s.
68	893.03(1)(a), (1)(b),(1)(d), (2)(a), (2)(b), or (2)(c)4.,
69	commits a felony of the first degree, punishable as provided in
70	s. 775.082, s. 775.083, or s. 775.084.
71	2. A controlled substance named or described in s.
72	893.03(1)(c), (2)(c)1.,(2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
73	(2)(c)7., (2)(c)8., (2)(c)9., (3), or(4) commits a felony of the
74	second degree, punishable as provided in s. 775.082, s. 775.083,
75	or s. 775.084.
76	3. Any other controlled substance, except as lawfully
77	sold, manufactured, or delivered, must be sentenced to pay a
78	$500 fine and to serve 100 hours of public service in addition
79	to any other penalty prescribed by law.
80	(f) Except as authorized by this chapter, it is unlawful
81	for any person to sell, manufacture, or deliver, or possess with
82	intent to sell, manufacture, or deliver, a controlled substance
83	in, on, or within 1,000200feet of the real property comprising
84	a public housing facility at any time. For purposes of this
85	section, the term "real property comprising a public housing
86	facility" means real property, as defined in s. 421.03(12), of a
87	public corporation created as a housing authority pursuant to
88	part I of chapter 421. Any person who violates this paragraph
89	with respect to:
90	1. A controlled substance named or described in s.
91	893.03(1)(a), (1)(b),(1)(d), (2)(a), (2)(b), or (2)(c)4.,
92	commits a felony of the first degree, punishable as provided in
93	s. 775.082, s. 775.083, or s. 775.084.
94	2. A controlled substance named or described in s.
95	893.03(1)(c), (2)(c)1.,(2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
96	(2)(c)7., (2)(c)8., (2)(c)9., (3), or(4) commits a felony of the
97	second degree, punishable as provided in s. 775.082, s. 775.083,
98	or s. 775.084.
99	3. Any other controlled substance, except as lawfully
100	sold, manufactured, or delivered, must be sentenced to pay a
101	$500 fine and to serve 100 hours of public service in addition
102	to any other penalty prescribed by law.
103	Section 2. Paragraphs (c), (e), and (g) of subsection (3)
104	of section 921.0022, Florida Statutes, are amended to read:
105	921.0022 Criminal Punishment Code; offense severity
106	ranking chart.--
107	(3) OFFENSE SEVERITY RANKING CHART
108
109	Florida Felony
110	Statute Degree Description
111	(c) LEVEL 3
112	316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in marked patrol vehicle with siren and lights activated.
113	319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
114	319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
115	319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
116	319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
117	328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
118	328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
119	376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
120	501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
121	697.08 3rd Equity skimming.
122	790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
123	796.05(1) 3rd Live on earnings of a prostitute.
124	806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
125	806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
126	810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
127	812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
128	815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
129	817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
130	817.233 3rd Burning to defraud insurer.
131	817.234(8)&(9) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
132	817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
133	817.505(4) 3rd Patient brokering.
134	828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
135	831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
136	831.29 2nd Possession of instruments for counterfeiting drivers' licenses or identification cards.
137	838.021(3)(b) 3rd Threatens unlawful harm to public servant.
138	843.19 3rd Injure, disable, or kill police dog or horse.
139	870.01(2) 3rd Riot; inciting or encouraging.
140	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).
141	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.
142	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.
143	893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
144	893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
145	893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
146	918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
147	944.47 (1)(a)1.-2. 3rd Introduce contraband to correctional facility.
148	944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
149	985.3141 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
150	(e) LEVEL 5
151	316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
152	316.1935(4) 2nd Aggravated fleeing or eluding.
153	322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
154	327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
155	381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
156	790.01(2) 3rd Carrying a concealed firearm.
157	790.162 2nd Threat to throw or discharge destructive device.
158	790.163 2nd False report of deadly explosive.
159	790.165(2) 3rd Manufacture, sell, possess, or deliver hoax bomb.
160	790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
161	790.23 2nd Felons in possession of firearms or electronic weapons or devices.
162	800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
163	800.04(7)(c) 2nd Lewd or lascivious exhibition; offender 18 years or older.
164	806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
165	812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
166	812.019(1) 2nd Stolen property; dealing in or trafficking in.
167	812.131(2)(b) 3rd Robbery by sudden snatching.
168	812.16(2) 3rd Owning, operating, or conducting a chop shop.
169	817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
170	817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
171	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.
172	817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
173	825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
174	827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
175	843.01 3rd Resist officer with violence to person; resist arrest with violence.
176	874.05(2) 2nd Encouraging or recruiting another to join a criminal street gang; second or subsequent offense.
177	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).
178	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.
179	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.
180	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.
181	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.
182	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).
183	(g) LEVEL 7
184	316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
185	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
186	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
187	409.920(2) 3rd Medicaid provider fraud.
188	456.065(2) 3rd Practicing a health care profession without a license.
189	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
190	458.327(1) 3rd Practicing medicine without a license.
191	459.013(1) 3rd Practicing osteopathic medicine without a license.
192	460.411(1) 3rd Practicing chiropractic medicine without a license.
193	461.012(1) 3rd Practicing podiatric medicine without a license.
194	462.17 3rd Practicing naturopathy without a license.
195	463.015(1) 3rd Practicing optometry without a license.
196	464.016(1) 3rd Practicing nursing without a license.
197	465.015(2) 3rd Practicing pharmacy without a license.
198	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
199	467.201 3rd Practicing midwifery without a license.
200	468.366 3rd Delivering respiratory care services without a license.
201	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
202	483.901(9) 3rd Practicing medical physics without a license.
203	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
204	484.053 3rd Dispensing hearing aids without a license.
205	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.
206	560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
207	560.125(5)(a) 3rd Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
208	655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
209	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
210	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
211	782.071 2nd Killing of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
212	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
213	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
214	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
215	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
216	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
217	784.07(2)(d) 1st Aggravated battery on law enforcement officer.
218	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
219	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
220	784.081(1) 1st Aggravated battery on specified official or employee.
221	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
222	784.083(1) 1st Aggravated battery on code inspector.
223	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
224	790.16(1) 1st Discharge of a machine gun under specified circumstances.
225	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
226	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
227	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
228	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
229	796.03 2nd Procuring any person under 16 years for prostitution.
230	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
231	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.
232	806.01(2) 2nd Maliciously damage structure by fire or explosive.
233	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
234	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
235	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
236	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.
237	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
238	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
239	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
240	812.131(2)(a) 2nd Robbery by sudden snatching.
241	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
242	817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
243	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
244	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.
245	827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
246	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
247	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
248	872.06 2nd Abuse of a dead human body.
249	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.
250	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.
251	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).
252	893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
253	893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
254	893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
255	893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
256	893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
257	893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
258	893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
259	893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
260	893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
261	893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
262	896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
263	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
264	Section 3. This act shall take effect October 1, 2003.
265