HB 0825 2003
1	A bill to be entitled
2	An act relating to controlled substances; creating s.
3	893.031, F.S.; providing definitions; specifying that for
4	purposes of certain industrial uses, 1,4-Butanediol and
5	gamma-butyrolactone (GBL) are excepted from the schedule
6	of controlled substances when in the possession of an
7	authorized manufacturer or distributor or person
8	possessing a finished product; providing circumstances
9	under which the exceptions do not apply; reenacting s.
10	893.03(1)(d), F.S., relating to certain substances
11	controlled under Schedule I; amending s. 893.13, F.S.;
12	clarifying the hours during which it is unlawful to sell,
13	manufacture, deliver, or possess a controlled substance
14	within a specified distance of a child care facility or
15	public or private elementary, middle, or secondary school;
16	amending s. 893.135, F.S., relating to trafficking
17	offenses; correcting a case citation; providing an
18	effective date.
19
20	Be It Enacted by the Legislature of the State of Florida:
21
22	Section 1. Section 893.031, Florida Statutes, is created
23	to read:
24	893.031 Industrial exceptions to controlled substance
25	scheduling.--
26	(1) For the purpose of this section, the following
27	meanings of terms shall apply:
28	(a) "Manufacture" means any process or operation necessary
29	for manufacturing a product.
30	(b) "Distribution" means any process or operation
31	necessary for distributing a product, including, but not limited
32	to, wholesaling, delivery or transport, and storage.
33	(c) "Manufacturer of 1,4-Butanediol" means a person who is
34	involved in the manufacture of 1,4-Butanediol for use in the
35	manufacture of an industrial product, and who provides that
36	manufactured 1,4-Butanediol to a distributor of 1,4-Butanediol
37	or a manufacturer of an industrial product.
38	(d) "Distributor of 1,4-Butanediol" means a person who is
39	involved in the distribution of 1,4-Butanediol.
40	(e) "Manufacturer of gamma-butyrolactone (GBL)" means a
41	person who:
42	1. Is involved in the manufacture of gamma-butyrolactone
43	(GBL) for use in the manufacture of an industrial product, and
44	who provides that manufactured gamma-butyrolactone (GBL) to a
45	distributor of gamma-butyrolactone (GBL) or a manufacturer of an
46	industrial product; and
47	2. Is in compliance with any requirements to register with
48	the United States Drug Enforcement Administration as a List I
49	Chemical registrant.
50	(f) "Distributor of gamma-butyrolactone (GBL)" means a
51	person who:
52	1. Is involved in the distribution of gamma-butyrolactone
53	(GBL); and
54	2. Is in compliance with any requirements to register with
55	the United States Drug Enforcement Administration as a List I
56	Chemical registrant.
57	(g) "Manufacturer of an industrial product" means a person
58	who is involved in the manufacture of an industrial product in
59	which that person acquires:
60	1. 1,4-Butanediol from a manufacturer of 1,4-Butanediol or
61	a distributor of 1,4-Butanediol, and who possesses that
62	substance for use in the manufacture of an industrial product;
63	or
64	2. Gamma-butyrolactone (GBL) from a manufacturer of gamma-
65	butyrolactone (GBL) or a distributor of gamma-butyrolactone
66	(GBL), and who possesses that substance for use in the
67	manufacture of an industrial product.
68	(h) "Distributor of an industrial product" means a person
69	who is involved in the distribution of an industrial product.
70	(i) "Industrial product" means a non-drug, non-controlled
71	finished product that is not for human consumption.
72	(j) "Finished product" means a product:
73	1. That does not contain either 1,4-Butanediol or gamma-
74	butyrolactone (GBL); or
75	2. From which neither 1,4-Butanediol nor gamma-
76	butyrolactone (GBL) can be readily extracted or readily
77	synthesized, and which is not sold for human consumption.
78	(2) 1,4-Butanediol is excepted from scheduling pursuant to
79	s. 893.03(1)(d)1., when that substance is in the possession of:
80	(a) A manufacturer of 1,4-Butanediol or a distributor of
81	1,4-Butanediol;
82	(b) A manufacturer of an industrial product or a
83	distributor of an industrial product; or
84	(c) A person possessing a finished product.
85	(3) Gamma-butyrolactone (GBL) is excepted from scheduling
86	pursuant to s. 893.03(1)(d)2., when that substance is in the
87	possession of:
88	(a) A manufacturer of gamma-butyrolactone (GBL) or a
89	distributor of gamma-butyrolactone (GBL);
90	(b) A manufacturer of an industrial product or a
91	distributor of an industrial product; or
92	(c) A person possessing a finished product.
93	(4) This section does not apply to:
94	(a) A manufacturer of 1,4-Butanediol or a distributor of
95	1,4-Butanediol who sells, delivers, or otherwise distributes
96	that substance to a person who is not a distributor of 1,4-
97	Butanediol or a manufacturer of an industrial product;
98	(b) A manufacturer of gamma-butyrolactone (GBL) or a
99	distributor of gamma-butyrolactone (GBL) who sells, delivers, or
100	otherwise distributes that substance to a person who is not a
101	distributor of gamma-butyrolactone (GBL) or a manufacturer of an
102	industrial product;
103	(c) A person who possesses 1,4-Butanediol but who is not a
104	manufacturer of 1,4-Butanediol, a distributor of 1,4-Butanediol,
105	a manufacturer of an industrial product, a distributor of an
106	industrial product, or a person possessing a finished product as
107	described in paragraph (2)(c) or paragraph (3)(c);
108	(d) A person who possesses gamma-butyrolactone (GBL) but
109	who is not a manufacturer of gamma-butyrolactone (GBL), a
110	distributor of gamma-butyrolactone (GBL), a manufacturer of an
111	industrial product, a distributor of an industrial product, or a
112	person possessing a finished product as described in paragraph
113	(2)(c) or paragraph (3)(c);
114	(e) A person who extracts or synthesizes either 1,4-
115	Butanediol or gamma-butyrolactone (GBL) from a finished product
116	as described in subparagraph(1)(j)2. or a person who extracts or
117	synthesizes 1,4-Butanediol or gamma-butyrolactone (GBL) from any
118	product or material, unless such extraction or synthesis is
119	authorized by law; or
120	(f) A person whose possession of either 1,4-Butanediol or
121	gamma-butyrolactone (GBL) is not in compliance with the
122	requirements of this section or whose possession of either of
123	those substances is not specifically authorized by law.
124	Section 2. Paragraph (d) of subsection (1) of section
125	893.03, Florida Statutes, is reenacted to read:
126	893.03 Standards and schedules.--The substances enumerated
127	in this section are controlled by this chapter. The controlled
128	substances listed or to be listed in Schedules I, II, III, IV,
129	and V are included by whatever official, common, usual,
130	chemical, or trade name designated. The provisions of this
131	section shall not be construed to include within any of the
132	schedules contained in this section any excluded drugs listed
133	within the purview of 21 C.F.R. s. 1308.22, styled "Excluded
134	Substances"; 21 C.F.R. s. 1308.24, styled "Exempt Chemical
135	Preparations"; 21 C.F.R. s. 1308.32, styled "Exempted
136	Prescription Products"; or 21 C.F.R. s. 1308.34, styled "Exempt
137	Anabolic Steroid Products."
138	(1) SCHEDULE I.--A substance in Schedule I has a high
139	potential for abuse and has no currently accepted medical use in
140	treatment in the United States and in its use under medical
141	supervision does not meet accepted safety standards. The
142	following substances are controlled in Schedule I:
143	(d) Unless specifically excepted or unless listed in
144	another schedule, any material, compound, mixture, or
145	preparation which contains any quantity of the following
146	substances, including any of its salts, isomers, optical
147	isomers, salts of their isomers, and salts of these optical
148	isomers whenever the existence of such isomers and salts is
149	possible within the specific chemical designation:
150	1. 1,4-Butanediol.
151	2. Gamma-butyrolactone (GBL).
152	3. Gamma-hydroxybutyric acid (GHB).
153	4. Methaqualone.
154	5. Mecloqualone.
155	Section 3. Paragraph (c) of subsection (1) of section
156	893.13, Florida Statutes, is amended to read:
157	893.13 Prohibited acts; penalties.--
158	(1)
159	(c) Except as authorized by this chapter, it is unlawful
160	for any person to sell, manufacture, or deliver, or possess with
161	intent to sell, manufacture, or deliver a controlled substance
162	in, on, or within 1,000 feet of the real property comprising a
163	child care facility as defined in s. 402.302 or a public or
164	private elementary, middle, or secondary school between the
165	hours of 6 a.m. and 12 midnighta.m. Any person who violates
166	this paragraph with respect to:
167	1. A controlled substance named or described in s.
168	893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
169	commits a felony of the first degree, punishable as provided in
170	s. 775.082, s. 775.083, or s. 775.084. The defendant must be
171	sentenced to a minimum term of imprisonment of 3 calendar years
172	unless the offense was committed within 1,000 feet of the real
173	property comprising a child care facility as defined in s.
174	402.302.
175	2. A controlled substance named or described in s.
176	893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
177	(2)(c)7., (2)(c)8., (2)(c)9., (3), or(4) commits a felony of the
178	second degree, punishable as provided in s. 775.082, s. 775.083,
179	or s. 775.084.
180	3. Any other controlled substance, except as lawfully
181	sold, manufactured, or delivered, must be sentenced to pay a
182	$500 fine and to serve 100 hours of public service in addition
183	to any other penalty prescribed by law.
184
185	This paragraph does not apply to a child care facility unless
186	the owner or operator of the facility posts a sign that is not
187	less than 2 square feet in size with a word legend identifying
188	the facility as a licensed child care facility and that is
189	posted on the property of the child care facility in a
190	conspicuous place where the sign is reasonably visible to the
191	public.
192	Section 4. Subsection (7) of section 893.135, Florida
193	Statutes, is amended to read:
194	893.135 Trafficking; mandatory sentences; suspension or
195	reduction of sentences; conspiracy to engage in trafficking.--
196	(7) For the purpose of further clarifying legislative
197	intent, the Legislature finds that the opinion in Hayes v.
198	State, 750760So. 2d 1 (Fla. 1999) does not correctly construe
199	legislative intent. The Legislature finds that the opinions in
200	State v. Hayes, 720 So. 2d 1095 (Fla. 4th DCA 1998) and State v.
201	Baxley, 684 So. 2d 831 (Fla. 5th DCA 1996) correctly construe
202	legislative intent.
203	Section 5. This act shall take effect upon becoming a law.