Senate Bill sb2160
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Florida Senate - 2004 SB 2160
By Senator Peaden
2-1690-04
1 A bill to be entitled
2 An act relating to controlled substances;
3 amending s. 893.033, F.S.; adding anhydrous
4 ammonia to the listed essential chemicals that
5 may be used to manufacture controlled
6 substances; amending s. 893.06, F.S.; providing
7 that it is a third-degree felony to store
8 anhydrous ammonia in a container that does not
9 meet certain safety standards; providing an
10 exception; amending s. 893.13, F.S.; providing
11 that it is a first-degree felony to
12 manufacture, or to possess with intent to
13 manufacture, methamphetamine or phencyclidine
14 within 1,000 feet of any real property in which
15 a child under the age of 16 years is present;
16 requiring that the defendant be sentenced to a
17 minimum term of imprisonment under certain
18 circumstances; amending s. 893.135, F.S.;
19 providing that possession of a specified weight
20 of pseudoephedrine is a felony of the first
21 degree; providing additional penalties;
22 amending s. 893.149, F.S.; providing that
23 possession of more than a specified weight of
24 certain drugs creates a rebuttable presumption
25 that the person intends to use the drug product
26 as a precursor to certain controlled
27 substances; providing that the rebuttable
28 presumption does not apply to a person who
29 lawfully possesses the drug product in the
30 course of a legitimate business; reenacting s.
31 775.087(2) and (3), F.S., relating to
1
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1 possession and use of a weapon, reenacting s.
2 782.04(1), (3), and (4), F.S., relating to
3 murder, and reenacting s. 921.0022(3)(g), (h),
4 and (i), F.S., relating to the Criminal
5 Punishment Code, to incorporate the amendment
6 to s. 893.135, F.S., in references thereto;
7 providing an effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Subsection (2) of section 893.033, Florida
12 Statutes, is amended to read:
13 893.033 Listed chemicals.--The chemicals listed in
14 this section are included by whatever official, common, usual,
15 chemical, or trade name designated.
16 (2) ESSENTIAL CHEMICALS.--The term "listed essential
17 chemical" means a chemical that may be used as a solvent,
18 reagent, or catalyst in manufacturing a controlled substance
19 in violation of this chapter. The following are "listed
20 essential chemicals":
21 (a) Acetic anhydride.
22 (b) Acetone.
23 (c) Anhydrous ammonia.
24 (d)(c) 2-Butanone.
25 (e)(d) Ethyl ether.
26 (f)(e) Hydriodic acid.
27 (g)(f) Potassium permanganate.
28 (h)(g) Toluene.
29 Section 2. Section 893.06, Florida Statutes, is
30 amended to read:
31
2
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1 893.06 Distribution of controlled substances and
2 anhydrous ammonia; order forms; labeling and packaging
3 requirements.--
4 (1) Controlled substances in Schedules I and II shall
5 be distributed by a duly licensed manufacturer, distributor,
6 or wholesaler to a duly licensed manufacturer, wholesaler,
7 distributor, practitioner, pharmacy, as defined in chapter
8 465, hospital, or laboratory only pursuant to an order form.
9 It shall be deemed a compliance with this subsection if the
10 parties to the transaction have complied with federal law
11 respecting the use of order forms.
12 (2) Possession or control of controlled substances
13 obtained as authorized by this section is shall be lawful if
14 in the regular course of business, occupation, profession,
15 employment, or duty.
16 (3) A person in charge of a hospital or laboratory or
17 in the employ of this state or of any other state, or of any
18 political subdivision thereof, and a master or other proper
19 officer of a ship or aircraft, who obtains controlled
20 substances under the provisions of this section or otherwise,
21 may shall not administer, dispense, or otherwise use such
22 controlled substances within this state, except within the
23 scope of her or his employment or official duty, and then only
24 for scientific or medicinal purposes and subject to the
25 provisions of this chapter.
26 (4) It is shall be unlawful to distribute a controlled
27 substance in a commercial container unless the such container
28 bears a label showing the name and address of the
29 manufacturer, the quantity, kind, and form of controlled
30 substance contained therein, and the identifying symbol for
31 the such substance, as required by federal law. No person
3
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1 except a pharmacist, for the purpose of dispensing a
2 prescription, or a practitioner, for the purpose of dispensing
3 a controlled substance to a patient, shall alter, deface, or
4 remove any labels so affixed.
5 (5)(a) It is unlawful to store anhydrous ammonia in a
6 container that:
7 1. Is not approved by the United States Department of
8 Transportation to hold anhydrous ammonia; or
9 2. Is not constructed to meet state and federal
10 industrial health and safety standards for holding anhydrous
11 ammonia.
12 (b) A person who violates paragraph (a) commits a
13 felony of the third degree, punishable as provided in s.
14 775.082, s. 775.083, or s. 775.084.
15 (c) Paragraph (a) does not apply to a public employee
16 or private contractor authorized to dispose of hazardous
17 wastes or toxic substances under chapter 403.
18 (d) A person who unlawfully possesses, stores, or
19 tampers with anhydrous ammonia or anhydrous ammonia equipment
20 is responsible for any damages arising from the unlawful
21 behavior.
22 Section 3. Paragraph (g) is added to subsection (1) of
23 section 893.13, Florida Statutes, to read:
24 893.13 Prohibited acts; penalties.--
25 (1)
26 (g) Except as authorized by this chapter, it is
27 unlawful for any person to manufacture, or possess with intent
28 to manufacture, methamphetamine or phencyclidine within 1,000
29 feet of any real property in which a child under the age of 16
30 years is present. A person who violates this paragraph commits
31 a felony of the first degree, punishable as provided in s.
4
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1 775.082, s. 775.083, or s. 775.084, and shall be sentenced to
2 a minimum term of imprisonment of 3 calendar years. If, during
3 the commission of the crime, the defendant causes a child
4 under the age of 16 years to suffer great bodily harm, the
5 defendant shall be sentenced to a minimum term of imprisonment
6 of 7 calendar years.
7 Section 4. Paragraph (f) of subsection (1) of section
8 893.135, Florida Statutes, is amended to read:
9 893.135 Trafficking; mandatory sentences; suspension
10 or reduction of sentences; conspiracy to engage in
11 trafficking.--
12 (1) Except as authorized in this chapter or in chapter
13 499 and notwithstanding the provisions of s. 893.13:
14 (f)1. Any person who knowingly sells, purchases,
15 manufactures, delivers, or brings into this state, or who is
16 knowingly in actual or constructive possession of, 14 grams or
17 more of amphetamine, as described in s. 893.03(2)(c)2., or
18 methamphetamine, as described in s. 893.03(2)(c)4., or of any
19 mixture containing amphetamine or methamphetamine, or
20 phenylacetone, phenylacetic acid, pseudoephedrine, or
21 ephedrine in conjunction with other chemicals and equipment
22 utilized in the manufacture of amphetamine or methamphetamine,
23 commits a felony of the first degree, which felony shall be
24 known as "trafficking in amphetamine," punishable as provided
25 in s. 775.082, s. 775.083, or s. 775.084. If the quantity
26 involved:
27 a. Is 14 grams or more, but less than 28 grams, the
28 such person shall be sentenced to a mandatory minimum term of
29 imprisonment of 3 years, and the defendant shall be ordered to
30 pay a fine of $50,000.
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1 b. Is 28 grams or more, but less than 200 grams, the
2 such person shall be sentenced to a mandatory minimum term of
3 imprisonment of 7 years, and the defendant shall be ordered to
4 pay a fine of $100,000.
5 c. Is 200 grams or more, the such person shall be
6 sentenced to a mandatory minimum term of imprisonment of 15
7 calendar years and pay a fine of $250,000.
8 2. Any person who knowingly manufactures or brings
9 into this state 400 grams or more of amphetamine, as described
10 in s. 893.03(2)(c)2., or methamphetamine, as described in s.
11 893.03(2)(c)4., or of any mixture containing amphetamine or
12 methamphetamine, or phenylacetone, pseudoephedrine,
13 phenylacetic acid, or ephedrine in conjunction with other
14 chemicals and equipment used in the manufacture of amphetamine
15 or methamphetamine, and who knows that the probable result of
16 such manufacture or importation would be the death of any
17 person commits capital manufacture or importation of
18 amphetamine, a capital felony punishable as provided in ss.
19 775.082 and 921.142. Any person sentenced for a capital felony
20 under this paragraph shall also be sentenced to pay the
21 maximum fine provided under subparagraph 1.
22 Section 5. Section 893.149, Florida Statutes, is
23 amended to read:
24 893.149 Unlawful possession of listed chemical.--
25 (1) It is unlawful for any person to knowingly or
26 intentionally:
27 (a) Possess a listed chemical with the intent to
28 unlawfully manufacture a controlled substance;
29 (b) Possess or distribute a listed chemical knowing,
30 or having reasonable cause to believe, that the listed
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1 chemical will be used to unlawfully manufacture a controlled
2 substance.
3 (2) Except as provided in this subsection, if a person
4 possesses a drug product containing more than 24 grams of
5 ephedrine, pseudoephedrine, or phenylpropanolamine or their
6 salts, isomers, or salts of isomers, a rebuttable presumption
7 is created that the person intends to use the drug product as
8 a precursor to methamphetamine or another controlled
9 substance. The rebuttable presumption does not apply to a
10 person who lawfully possesses the drug product in the course
11 of a legitimate business.
12 (3)(2) Any person who violates this section is guilty
13 of a felony of the second degree, punishable as provided in s.
14 775.082, s. 775.083, or s. 775.084.
15 Section 6. For the purpose of incorporating the
16 amendment made by this act to section 893.135, Florida
17 Statutes, in a reference thereto, paragraph (a) of subsection
18 (2) and paragraph (a) of subsection (3) of section 775.087,
19 Florida Statutes, are reenacted to read:
20 775.087 Possession or use of weapon; aggravated
21 battery; felony reclassification; minimum sentence.--
22 (2)(a)1. Any person who is convicted of a felony or an
23 attempt to commit a felony, regardless of whether the use of a
24 weapon is an element of the felony, and the conviction was
25 for:
26 a. Murder;
27 b. Sexual battery;
28 c. Robbery;
29 d. Burglary;
30 e. Arson;
31 f. Aggravated assault;
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1 g. Aggravated battery;
2 h. Kidnapping;
3 i. Escape;
4 j. Aircraft piracy;
5 k. Aggravated child abuse;
6 l. Aggravated abuse of an elderly person or disabled
7 adult;
8 m. Unlawful throwing, placing, or discharging of a
9 destructive device or bomb;
10 n. Carjacking;
11 o. Home-invasion robbery;
12 p. Aggravated stalking;
13 q. Trafficking in cannabis, trafficking in cocaine,
14 capital importation of cocaine, trafficking in illegal drugs,
15 capital importation of illegal drugs, trafficking in
16 phencyclidine, capital importation of phencyclidine,
17 trafficking in methaqualone, capital importation of
18 methaqualone, trafficking in amphetamine, capital importation
19 of amphetamine, trafficking in flunitrazepam, trafficking in
20 gamma-hydroxybutyric acid (GHB), trafficking in
21 1,4-Butanediol, trafficking in Phenethylamines, or other
22 violation of s. 893.135(1); or
23 r. Possession of a firearm by a felon
24
25 and during the commission of the offense, such person actually
26 possessed a "firearm" or "destructive device" as those terms
27 are defined in s. 790.001, shall be sentenced to a minimum
28 term of imprisonment of 10 years, except that a person who is
29 convicted for aggravated assault, possession of a firearm by a
30 felon, or burglary of a conveyance shall be sentenced to a
31 minimum term of imprisonment of 3 years if such person
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1 possessed a "firearm" or "destructive device" during the
2 commission of the offense.
3 2. Any person who is convicted of a felony or an
4 attempt to commit a felony listed in sub-subparagraphs
5 (a)1.a.-q., regardless of whether the use of a weapon is an
6 element of the felony, and during the course of the commission
7 of the felony such person discharged a "firearm" or
8 "destructive device" as defined in s. 790.001 shall be
9 sentenced to a minimum term of imprisonment of 20 years.
10 3. Any person who is convicted of a felony or an
11 attempt to commit a felony listed in sub-subparagraphs
12 (a)1.a.-q., regardless of whether the use of a weapon is an
13 element of the felony, and during the course of the commission
14 of the felony such person discharged a "firearm" or
15 "destructive device" as defined in s. 790.001 and, as the
16 result of the discharge, death or great bodily harm was
17 inflicted upon any person, the convicted person shall be
18 sentenced to a minimum term of imprisonment of not less than
19 25 years and not more than a term of imprisonment of life in
20 prison.
21
22 Notwithstanding s. 948.01, adjudication of guilt or imposition
23 of sentence shall not be suspended, deferred, or withheld, and
24 the defendant is not eligible for statutory gain-time under s.
25 944.275 or any form of discretionary early release, other than
26 pardon or executive clemency, or conditional medical release
27 under s. 947.149, prior to serving the minimum sentence.
28 (3)(a)1. Any person who is convicted of a felony or an
29 attempt to commit a felony, regardless of whether the use of a
30 firearm is an element of the felony, and the conviction was
31 for:
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1 a. Murder;
2 b. Sexual battery;
3 c. Robbery;
4 d. Burglary;
5 e. Arson;
6 f. Aggravated assault;
7 g. Aggravated battery;
8 h. Kidnapping;
9 i. Escape;
10 j. Sale, manufacture, delivery, or intent to sell,
11 manufacture, or deliver any controlled substance;
12 k. Aircraft piracy;
13 l. Aggravated child abuse;
14 m. Aggravated abuse of an elderly person or disabled
15 adult;
16 n. Unlawful throwing, placing, or discharging of a
17 destructive device or bomb;
18 o. Carjacking;
19 p. Home-invasion robbery;
20 q. Aggravated stalking; or
21 r. Trafficking in cannabis, trafficking in cocaine,
22 capital importation of cocaine, trafficking in illegal drugs,
23 capital importation of illegal drugs, trafficking in
24 phencyclidine, capital importation of phencyclidine,
25 trafficking in methaqualone, capital importation of
26 methaqualone, trafficking in amphetamine, capital importation
27 of amphetamine, trafficking in flunitrazepam, trafficking in
28 gamma-hydroxybutyric acid (GHB), trafficking in
29 1,4-Butanediol, trafficking in Phenethylamines, or other
30 violation of s. 893.135(1);
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1 and during the commission of the offense, such person
2 possessed a semiautomatic firearm and its high-capacity
3 detachable box magazine or a machine gun as defined in s.
4 790.001, shall be sentenced to a minimum term of imprisonment
5 of 15 years.
6 2. Any person who is convicted of a felony or an
7 attempt to commit a felony listed in subparagraph (a)1.,
8 regardless of whether the use of a weapon is an element of the
9 felony, and during the course of the commission of the felony
10 such person discharged a semiautomatic firearm and its
11 high-capacity box magazine or a "machine gun" as defined in s.
12 790.001 shall be sentenced to a minimum term of imprisonment
13 of 20 years.
14 3. Any person who is convicted of a felony or an
15 attempt to commit a felony listed in subparagraph (a)1.,
16 regardless of whether the use of a weapon is an element of the
17 felony, and during the course of the commission of the felony
18 such person discharged a semiautomatic firearm and its
19 high-capacity box magazine or a "machine gun" as defined in s.
20 790.001 and, as the result of the discharge, death or great
21 bodily harm was inflicted upon any person, the convicted
22 person shall be sentenced to a minimum term of imprisonment of
23 not less than 25 years and not more than a term of
24 imprisonment of life in prison.
25
26 Notwithstanding s. 948.01, adjudication of guilt or imposition
27 of sentence shall not be suspended, deferred, or withheld, and
28 the defendant is not eligible for statutory gain-time under s.
29 944.275 or any form of discretionary early release, other than
30 pardon or executive clemency, or conditional medical release
31 under s. 947.149, prior to serving the minimum sentence.
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1 Section 7. For the purpose of incorporating the
2 amendment made by this act to section 893.135, Florida
3 Statutes, in a reference thereto, subsections (1), (3), and
4 (4) of section 782.04, Florida Statutes, are reenacted to
5 read:
6 782.04 Murder.--
7 (1)(a) The unlawful killing of a human being:
8 1. When perpetrated from a premeditated design to
9 effect the death of the person killed or any human being;
10 2. When committed by a person engaged in the
11 perpetration of, or in the attempt to perpetrate, any:
12 a. Trafficking offense prohibited by s. 893.135(1),
13 b. Arson,
14 c. Sexual battery,
15 d. Robbery,
16 e. Burglary,
17 f. Kidnapping,
18 g. Escape,
19 h. Aggravated child abuse,
20 i. Aggravated abuse of an elderly person or disabled
21 adult,
22 j. Aircraft piracy,
23 k. Unlawful throwing, placing, or discharging of a
24 destructive device or bomb,
25 l. Carjacking,
26 m. Home-invasion robbery,
27 n. Aggravated stalking,
28 o. Murder of another human being,
29 p. Resisting an officer with violence to his or her
30 person,
31
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1 q. Felony that is an act of terrorism or is in
2 furtherance of an act of terrorism; or
3 3. Which resulted from the unlawful distribution of
4 any substance controlled under s. 893.03(1), cocaine as
5 described in s. 893.03(2)(a)4., or opium or any synthetic or
6 natural salt, compound, derivative, or preparation of opium by
7 a person 18 years of age or older, when such drug is proven to
8 be the proximate cause of the death of the user,
9
10 is murder in the first degree and constitutes a capital
11 felony, punishable as provided in s. 775.082.
12 (b) In all cases under this section, the procedure set
13 forth in s. 921.141 shall be followed in order to determine
14 sentence of death or life imprisonment.
15 (3) When a person is killed in the perpetration of, or
16 in the attempt to perpetrate, any:
17 (a) Trafficking offense prohibited by s. 893.135(1),
18 (b) Arson,
19 (c) Sexual battery,
20 (d) Robbery,
21 (e) Burglary,
22 (f) Kidnapping,
23 (g) Escape,
24 (h) Aggravated child abuse,
25 (i) Aggravated abuse of an elderly person or disabled
26 adult,
27 (j) Aircraft piracy,
28 (k) Unlawful throwing, placing, or discharging of a
29 destructive device or bomb,
30 (l) Carjacking,
31 (m) Home-invasion robbery,
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1 (n) Aggravated stalking,
2 (o) Murder of another human being,
3 (p) Resisting an officer with violence to his or her
4 person, or
5 (q) Felony that is an act of terrorism or is in
6 furtherance of an act of terrorism,
7
8 by a person other than the person engaged in the perpetration
9 of or in the attempt to perpetrate such felony, the person
10 perpetrating or attempting to perpetrate such felony is guilty
11 of murder in the second degree, which constitutes a felony of
12 the first degree, punishable by imprisonment for a term of
13 years not exceeding life or as provided in s. 775.082, s.
14 775.083, or s. 775.084.
15 (4) The unlawful killing of a human being, when
16 perpetrated without any design to effect death, by a person
17 engaged in the perpetration of, or in the attempt to
18 perpetrate, any felony other than any:
19 (a) Trafficking offense prohibited by s. 893.135(1),
20 (b) Arson,
21 (c) Sexual battery,
22 (d) Robbery,
23 (e) Burglary,
24 (f) Kidnapping,
25 (g) Escape,
26 (h) Aggravated child abuse,
27 (i) Aggravated abuse of an elderly person or disabled
28 adult,
29 (j) Aircraft piracy,
30 (k) Unlawful throwing, placing, or discharging of a
31 destructive device or bomb,
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1 (l) Unlawful distribution of any substance controlled
2 under s. 893.03(1), cocaine as described in s. 893.03(2)(a)4.,
3 or opium or any synthetic or natural salt, compound,
4 derivative, or preparation of opium by a person 18 years of
5 age or older, when such drug is proven to be the proximate
6 cause of the death of the user,
7 (m) Carjacking,
8 (n) Home-invasion robbery,
9 (o) Aggravated stalking,
10 (p) Murder of another human being,
11 (q) Resisting an officer with violence to his or her
12 person, or
13 (r) Felony that is an act of terrorism or is in
14 furtherance of an act of terrorism,
15
16 is murder in the third degree and constitutes a felony of the
17 second degree, punishable as provided in s. 775.082, s.
18 775.083, or s. 775.084.
19 Section 8. For the purpose of incorporating the
20 amendment made by this act to section 893.135, Florida
21 Statutes, in a reference thereto, paragraphs (g), (h), and (i)
22 of subsection (3) of section 921.0022, Florida Statutes, are
23 reenacted to read:
24 921.0022 Criminal Punishment Code; offense severity
25 ranking chart.--
26 (3) OFFENSE SEVERITY RANKING CHART
27
28 Florida Felony
29 Statute Degree Description
30
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1 (g) LEVEL 7
2 316.027(1)(b) 2nd Accident involving death, failure
3 to stop; leaving scene.
4 316.193(3)(c)2. 3rd DUI resulting in serious bodily
5 injury.
6 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
7 bodily injury.
8 402.319(2) 2nd Misrepresentation and negligence
9 or intentional act resulting in
10 great bodily harm, permanent
11 disfiguration, permanent
12 disability, or death.
13 409.920(2) 3rd Medicaid provider fraud.
14 456.065(2) 3rd Practicing a health care
15 profession without a license.
16 456.065(2) 2nd Practicing a health care
17 profession without a license
18 which results in serious bodily
19 injury.
20 458.327(1) 3rd Practicing medicine without a
21 license.
22 459.013(1) 3rd Practicing osteopathic medicine
23 without a license.
24 460.411(1) 3rd Practicing chiropractic medicine
25 without a license.
26 461.012(1) 3rd Practicing podiatric medicine
27 without a license.
28 462.17 3rd Practicing naturopathy without a
29 license.
30 463.015(1) 3rd Practicing optometry without a
31 license.
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1 464.016(1) 3rd Practicing nursing without a
2 license.
3 465.015(2) 3rd Practicing pharmacy without a
4 license.
5 466.026(1) 3rd Practicing dentistry or dental
6 hygiene without a license.
7 467.201 3rd Practicing midwifery without a
8 license.
9 468.366 3rd Delivering respiratory care
10 services without a license.
11 483.828(1) 3rd Practicing as clinical laboratory
12 personnel without a license.
13 483.901(9) 3rd Practicing medical physics
14 without a license.
15 484.013(1)(c) 3rd Preparing or dispensing optical
16 devices without a prescription.
17 484.053 3rd Dispensing hearing aids without a
18 license.
19 494.0018(2) 1st Conviction of any violation of
20 ss. 494.001-494.0077 in which the
21 total money and property
22 unlawfully obtained exceeded
23 $50,000 and there were five or
24 more victims.
25 560.123(8)(b)1. 3rd Failure to report currency or
26 payment instruments exceeding
27 $300 but less than $20,000 by
28 money transmitter.
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1 560.125(5)(a) 3rd Money transmitter business by
2 unauthorized person, currency or
3 payment instruments exceeding
4 $300 but less than $20,000.
5 655.50(10)(b)1. 3rd Failure to report financial
6 transactions exceeding $300 but
7 less than $20,000 by financial
8 institution.
9 782.051(3) 2nd Attempted felony murder of a
10 person by a person other than the
11 perpetrator or the perpetrator of
12 an attempted felony.
13 782.07(1) 2nd Killing of a human being by the
14 act, procurement, or culpable
15 negligence of another
16 (manslaughter).
17 782.071 2nd Killing of human being or viable
18 fetus by the operation of a motor
19 vehicle in a reckless manner
20 (vehicular homicide).
21 782.072 2nd Killing of a human being by the
22 operation of a vessel in a
23 reckless manner (vessel
24 homicide).
25 784.045(1)(a)1. 2nd Aggravated battery; intentionally
26 causing great bodily harm or
27 disfigurement.
28 784.045(1)(a)2. 2nd Aggravated battery; using deadly
29 weapon.
30 784.045(1)(b) 2nd Aggravated battery; perpetrator
31 aware victim pregnant.
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1 784.048(4) 3rd Aggravated stalking; violation of
2 injunction or court order.
3 784.07(2)(d) 1st Aggravated battery on law
4 enforcement officer.
5 784.074(1)(a) 1st Aggravated battery on sexually
6 violent predators facility staff.
7 784.08(2)(a) 1st Aggravated battery on a person 65
8 years of age or older.
9 784.081(1) 1st Aggravated battery on specified
10 official or employee.
11 784.082(1) 1st Aggravated battery by detained
12 person on visitor or other
13 detainee.
14 784.083(1) 1st Aggravated battery on code
15 inspector.
16 790.07(4) 1st Specified weapons violation
17 subsequent to previous conviction
18 of s. 790.07(1) or (2).
19 790.16(1) 1st Discharge of a machine gun under
20 specified circumstances.
21 790.165(2) 2nd Manufacture, sell, possess, or
22 deliver hoax bomb.
23 790.165(3) 2nd Possessing, displaying, or
24 threatening to use any hoax bomb
25 while committing or attempting to
26 commit a felony.
27 790.166(3) 2nd Possessing, selling, using, or
28 attempting to use a hoax weapon
29 of mass destruction.
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1 790.166(4) 2nd Possessing, displaying, or
2 threatening to use a hoax weapon
3 of mass destruction while
4 committing or attempting to
5 commit a felony.
6 796.03 2nd Procuring any person under 16
7 years for prostitution.
8 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
9 victim less than 12 years of age;
10 offender less than 18 years.
11 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
12 victim 12 years of age or older
13 but less than 16 years; offender
14 18 years or older.
15 806.01(2) 2nd Maliciously damage structure by
16 fire or explosive.
17 810.02(3)(a) 2nd Burglary of occupied dwelling;
18 unarmed; no assault or battery.
19 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
20 unarmed; no assault or battery.
21 810.02(3)(d) 2nd Burglary of occupied conveyance;
22 unarmed; no assault or battery.
23 812.014(2)(a) 1st Property stolen, valued at
24 $100,000 or more; cargo stolen
25 valued at $50,000 or more;
26 property stolen while causing
27 other property damage; 1st degree
28 grand theft.
29 812.014(2)(b)3. 2nd Property stolen, emergency
30 medical equipment; 2nd degree
31 grand theft.
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1 812.0145(2)(a) 1st Theft from person 65 years of age
2 or older; $50,000 or more.
3 812.019(2) 1st Stolen property; initiates,
4 organizes, plans, etc., the theft
5 of property and traffics in
6 stolen property.
7 812.131(2)(a) 2nd Robbery by sudden snatching.
8 812.133(2)(b) 1st Carjacking; no firearm, deadly
9 weapon, or other weapon.
10 817.234(8)(a) 2nd Solicitation of motor vehicle
11 accident victims with intent to
12 defraud.
13 817.234(9) 2nd Organizing, planning, or
14 participating in an intentional
15 motor vehicle collision.
16 817.234(11)(c) 1st Insurance fraud; property value
17 $100,000 or more.
18 817.2341(2)(b)&
19 (3)(b) 1st Making false entries of material
20 fact or false statements
21 regarding property values
22 relating to the solvency of an
23 insuring entity which are a
24 significant cause of the
25 insolvency of that entity.
26 825.102(3)(b) 2nd Neglecting an elderly person or
27 disabled adult causing great
28 bodily harm, disability, or
29 disfigurement.
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1 825.103(2)(b) 2nd Exploiting an elderly person or
2 disabled adult and property is
3 valued at $20,000 or more, but
4 less than $100,000.
5 827.03(3)(b) 2nd Neglect of a child causing great
6 bodily harm, disability, or
7 disfigurement.
8 827.04(3) 3rd Impregnation of a child under 16
9 years of age by person 21 years
10 of age or older.
11 837.05(2) 3rd Giving false information about
12 alleged capital felony to a law
13 enforcement officer.
14 838.015 2nd Bribery.
15 838.016 2nd Unlawful compensation or reward
16 for official behavior.
17 838.021(3)(a) 2nd Unlawful harm to a public
18 servant.
19 838.22 2nd Bid tampering.
20 872.06 2nd Abuse of a dead human body.
21 893.13(1)(c)1. 1st Sell, manufacture, or deliver
22 cocaine (or other drug prohibited
23 under s. 893.03(1)(a), (1)(b),
24 (1)(d), (2)(a), (2)(b), or
25 (2)(c)4.) within 1,000 feet of a
26 child care facility, school, or
27 state, county, or municipal park
28 or publicly owned recreational
29 facility or community center.
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1 893.13(1)(e)1. 1st Sell, manufacture, or deliver
2 cocaine or other drug prohibited
3 under s. 893.03(1)(a), (1)(b),
4 (1)(d), (2)(a), (2)(b), or
5 (2)(c)4., within 1,000 feet of
6 property used for religious
7 services or a specified business
8 site.
9 893.13(4)(a) 1st Deliver to minor cocaine (or
10 other s. 893.03(1)(a), (1)(b),
11 (1)(d), (2)(a), (2)(b), or
12 (2)(c)4. drugs).
13 893.135(1)(a)1. 1st Trafficking in cannabis, more
14 than 25 lbs., less than 2,000
15 lbs.
16 893.135 (1)(b)1.a.1st Trafficking in cocaine, more than
17 28 grams, less than 200 grams.
18 893.135 (1)(c)1.a.1st Trafficking in illegal drugs,
19 more than 4 grams, less than 14
20 grams.
21 893.135 (1)(d)1. 1st Trafficking in phencyclidine,
22 more than 28 grams, less than 200
23 grams.
24 893.135(1)(e)1. 1st Trafficking in methaqualone, more
25 than 200 grams, less than 5
26 kilograms.
27 893.135(1)(f)1. 1st Trafficking in amphetamine, more
28 than 14 grams, less than 28
29 grams.
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1 893.135 (1)(g)1.a.1st Trafficking in flunitrazepam, 4
2 grams or more, less than 14
3 grams.
4 893.135 (1)(h)1.a.1st Trafficking in
5 gamma-hydroxybutyric acid (GHB),
6 1 kilogram or more, less than 5
7 kilograms.
8 893.135 (1)(j)1.a.1st Trafficking in 1,4-Butanediol, 1
9 kilogram or more, less than 5
10 kilograms.
11 893.135 (1)(k)2.a.1st Trafficking in Phenethylamines,
12 10 grams or more, less than 200
13 grams.
14 896.101(5)(a) 3rd Money laundering, financial
15 transactions exceeding $300 but
16 less than $20,000.
17 896.104(4)(a)1. 3rd Structuring transactions to evade
18 reporting or registration
19 requirements, financial
20 transactions exceeding $300 but
21 less than $20,000.
22 (h) LEVEL 8
23 316.193 (3)(c)3.a.2nd DUI manslaughter.
24 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
25 499.0051(7) 1st Forgery of prescription or legend
26 drug labels.
27 499.0052 1st Trafficking in contraband legend
28 drugs.
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1 560.123(8)(b)2. 2nd Failure to report currency or
2 payment instruments totaling or
3 exceeding $20,000, but less than
4 $100,000 by money transmitter.
5 560.125(5)(b) 2nd Money transmitter business by
6 unauthorized person, currency or
7 payment instruments totaling or
8 exceeding $20,000, but less than
9 $100,000.
10 655.50(10)(b)2. 2nd Failure to report financial
11 transactions totaling or
12 exceeding $20,000, but less than
13 $100,000 by financial
14 institutions.
15 777.03(2)(a) 1st Accessory after the fact, capital
16 felony.
17 782.04(4) 2nd Killing of human without design
18 when engaged in act or attempt of
19 any felony other than arson,
20 sexual battery, robbery,
21 burglary, kidnapping, aircraft
22 piracy, or unlawfully discharging
23 bomb.
24 782.051(2) 1st Attempted felony murder while
25 perpetrating or attempting to
26 perpetrate a felony not
27 enumerated in s. 782.04(3).
28 782.071(1)(b) 1st Committing vehicular homicide and
29 failing to render aid or give
30 information.
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1 782.072(2) 1st Committing vessel homicide and
2 failing to render aid or give
3 information.
4 790.161(3) 1st Discharging a destructive device
5 which results in bodily harm or
6 property damage.
7 794.011(5) 2nd Sexual battery, victim 12 years
8 or over, offender does not use
9 physical force likely to cause
10 serious injury.
11 800.04(4) 2nd Lewd or lascivious battery.
12 806.01(1) 1st Maliciously damage dwelling or
13 structure by fire or explosive,
14 believing person in structure.
15 810.02(2)(a) 1st,PBL Burglary with assault or battery.
16 810.02(2)(b) 1st,PBL Burglary; armed with explosives
17 or dangerous weapon.
18 810.02(2)(c) 1st Burglary of a dwelling or
19 structure causing structural
20 damage or $1,000 or more property
21 damage.
22 812.13(2)(b) 1st Robbery with a weapon.
23 812.135(2) 1st Home-invasion robbery.
24 817.568(6) 2nd Fraudulent use of personal
25 identification information of an
26 individual under the age of 18.
27 825.102(2) 2nd Aggravated abuse of an elderly
28 person or disabled adult.
29 825.1025(2) 2nd Lewd or lascivious battery upon
30 an elderly person or disabled
31 adult.
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1 825.103(2)(a) 1st Exploiting an elderly person or
2 disabled adult and property is
3 valued at $100,000 or more.
4 837.02(2) 2nd Perjury in official proceedings
5 relating to prosecution of a
6 capital felony.
7 837.021(2) 2nd Making contradictory statements
8 in official proceedings relating
9 to prosecution of a capital
10 felony.
11 860.121(2)(c) 1st Shooting at or throwing any
12 object in path of railroad
13 vehicle resulting in great bodily
14 harm.
15 860.16 1st Aircraft piracy.
16 893.13(1)(b) 1st Sell or deliver in excess of 10
17 grams of any substance specified
18 in s. 893.03(1)(a) or (b).
19 893.13(2)(b) 1st Purchase in excess of 10 grams of
20 any substance specified in s.
21 893.03(1)(a) or (b).
22 893.13(6)(c) 1st Possess in excess of 10 grams of
23 any substance specified in s.
24 893.03(1)(a) or (b).
25 893.135(1)(a)2. 1st Trafficking in cannabis, more
26 than 2,000 lbs., less than 10,000
27 lbs.
28 893.135 (1)(b)1.b.1st Trafficking in cocaine, more than
29 200 grams, less than 400 grams.
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1 893.135 (1)(c)1.b.1st Trafficking in illegal drugs,
2 more than 14 grams, less than 28
3 grams.
4 893.135 (1)(d)1.b.1st Trafficking in phencyclidine,
5 more than 200 grams, less than
6 400 grams.
7 893.135 (1)(e)1.b.1st Trafficking in methaqualone, more
8 than 5 kilograms, less than 25
9 kilograms.
10 893.135 (1)(f)1.b.1st Trafficking in amphetamine, more
11 than 28 grams, less than 200
12 grams.
13 893.135 (1)(g)1.b.1st Trafficking in flunitrazepam, 14
14 grams or more, less than 28
15 grams.
16 893.135 (1)(h)1.b.1st Trafficking in
17 gamma-hydroxybutyric acid (GHB),
18 5 kilograms or more, less than 10
19 kilograms.
20 893.135 (1)(j)1.b.1st Trafficking in 1,4-Butanediol, 5
21 kilograms or more, less than 10
22 kilograms.
23 893.135 (1)(k)2.b.1st Trafficking in Phenethylamines,
24 200 grams or more, less than 400
25 grams.
26 895.03(1) 1st Use or invest proceeds derived
27 from pattern of racketeering
28 activity.
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1 895.03(2) 1st Acquire or maintain through
2 racketeering activity any
3 interest in or control of any
4 enterprise or real property.
5 895.03(3) 1st Conduct or participate in any
6 enterprise through pattern of
7 racketeering activity.
8 896.101(5)(b) 2nd Money laundering, financial
9 transactions totaling or
10 exceeding $20,000, but less than
11 $100,000.
12 896.104(4)(a)2. 2nd Structuring transactions to evade
13 reporting or registration
14 requirements, financial
15 transactions totaling or
16 exceeding $20,000 but less than
17 $100,000.
18 (i) LEVEL 9
19 316.193 (3)(c)3.b.1st DUI manslaughter; failing to
20 render aid or give information.
21 327.35(3)(c)3.b. 1st BUI manslaughter; failing to
22 render aid or give information.
23 499.0053 1st Sale or purchase of contraband
24 legend drugs resulting in great
25 bodily harm.
26 560.123(8)(b)3. 1st Failure to report currency or
27 payment instruments totaling or
28 exceeding $100,000 by money
29 transmitter.
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1 560.125(5)(c) 1st Money transmitter business by
2 unauthorized person, currency, or
3 payment instruments totaling or
4 exceeding $100,000.
5 655.50(10)(b)3. 1st Failure to report financial
6 transactions totaling or
7 exceeding $100,000 by financial
8 institution.
9 775.0844 1st Aggravated white collar crime.
10 782.04(1) 1st Attempt, conspire, or solicit to
11 commit premeditated murder.
12 782.04(3) 1st,PBL Accomplice to murder in
13 connection with arson, sexual
14 battery, robbery, burglary, and
15 other specified felonies.
16 782.051(1) 1st Attempted felony murder while
17 perpetrating or attempting to
18 perpetrate a felony enumerated in
19 s. 782.04(3).
20 782.07(2) 1st Aggravated manslaughter of an
21 elderly person or disabled adult.
22 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or
23 reward or as a shield or hostage.
24 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit
25 or facilitate commission of any
26 felony.
27 787.01(1)(a)4. 1st,PBL Kidnapping with intent to
28 interfere with performance of any
29 governmental or political
30 function.
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1 787.02(3)(a) 1st False imprisonment; child under
2 age 13; perpetrator also commits
3 aggravated child abuse, sexual
4 battery, or lewd or lascivious
5 battery, molestation, conduct, or
6 exhibition.
7 790.161 1st Attempted capital destructive
8 device offense.
9 790.166(2) 1st,PBL Possessing, selling, using, or
10 attempting to use a weapon of
11 mass destruction.
12 794.011(2) 1st Attempted sexual battery; victim
13 less than 12 years of age.
14 794.011(2) Life Sexual battery; offender younger
15 than 18 years and commits sexual
16 battery on a person less than 12
17 years.
18 794.011(4) 1st Sexual battery; victim 12 years
19 or older, certain circumstances.
20 794.011(8)(b) 1st Sexual battery; engage in sexual
21 conduct with minor 12 to 18 years
22 by person in familial or
23 custodial authority.
24 800.04(5)(b) 1st Lewd or lascivious molestation;
25 victim less than 12 years;
26 offender 18 years or older.
27 812.13(2)(a) 1st,PBL Robbery with firearm or other
28 deadly weapon.
29 812.133(2)(a) 1st,PBL Carjacking; firearm or other
30 deadly weapon.
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1 817.568(7) 2nd,PBL Fraudulent use of personal
2 identification information of an
3 individual under the age of 18 by
4 his or her parent, legal
5 guardian, or person exercising
6 custodial authority.
7 827.03(2) 1st Aggravated child abuse.
8 847.0145(1) 1st Selling, or otherwise
9 transferring custody or control,
10 of a minor.
11 847.0145(2) 1st Purchasing, or otherwise
12 obtaining custody or control, of
13 a minor.
14 859.01 1st Poisoning or introducing
15 bacteria, radioactive materials,
16 viruses, or chemical compounds
17 into food, drink, medicine, or
18 water with intent to kill or
19 injure another person.
20 893.135 1st Attempted capital trafficking
21 offense.
22 893.135(1)(a)3. 1st Trafficking in cannabis, more
23 than 10,000 lbs.
24 893.135 (1)(b)1.c.1st Trafficking in cocaine, more than
25 400 grams, less than 150
26 kilograms.
27 893.135 (1)(c)1.c.1st Trafficking in illegal drugs,
28 more than 28 grams, less than 30
29 kilograms.
30 893.135 (1)(d)1.c.1st Trafficking in phencyclidine,
31 more than 400 grams.
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1 893.135 (1)(e)1.c.1st Trafficking in methaqualone, more
2 than 25 kilograms.
3 893.135 (1)(f)1.c.1st Trafficking in amphetamine, more
4 than 200 grams.
5 893.135 (1)(h)1.c.1st Trafficking in
6 gamma-hydroxybutyric acid (GHB),
7 10 kilograms or more.
8 893.135 (1)(j)1.c.1st Trafficking in 1,4-Butanediol, 10
9 kilograms or more.
10 893.135 (1)(k)2.c.1st Trafficking in Phenethylamines,
11 400 grams or more.
12 896.101(5)(c) 1st Money laundering, financial
13 instruments totaling or exceeding
14 $100,000.
15 896.104(4)(a)3. 1st Structuring transactions to evade
16 reporting or registration
17 requirements, financial
18 transactions totaling or
19 exceeding $100,000.
20 Section 9. This act shall take effect July 1, 2004.
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2 SENATE SUMMARY
3 Adds anhydrous ammonia to the listed essential chemicals
that may be used to manufacture controlled substances.
4 Provides that it is a third-degree felony to store
anhydrous ammonia in a container that does not meet
5 certain safety standards. Provides that it is a
first-degree felony to manufacture, or possess with
6 intent to manufacture, methamphetamine or phencyclidine
within 1,000 feet of any real property in which a child
7 under the age of 16 years is present. Requires that the
defendant be sentenced to a minimum term of imprisonment
8 under certain circumstances. Provides that possession of
a specified weight of pseudoephedrine is a felony of the
9 first degree. Provides additional penalties. Provides
that possession of more than a specified weight of
10 certain drugs creates a rebuttable presumption that the
person intends to use the drug product as a precursor to
11 certain controlled substances. Provides that the
rebuttable presumption does not apply to a person who
12 lawfully possesses the drug product in the course of a
legitimate business.
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