Senate Bill sb1512

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2005                                  SB 1512

    By Senator Aronberg





    27-1358A-05                                         See HB 555

  1                      A bill to be entitled

  2         An act relating to drug abuse prevention and

  3         control; amending s. 893.13, F.S.; prohibiting

  4         the sale, manufacture, or delivery of

  5         controlled substances, or possession of

  6         controlled substances with intent to sell,

  7         manufacture, or deliver, within 1,000 feet of

  8         certain libraries; amending s. 921.0022, F.S.;

  9         ranking such offenses on the offense severity

10         ranking chart of the Criminal Punishment Code;

11         reenacting ss. 397.451(4)(b), 435.07(2),

12         772.12(2)(a), 893.1351, 903.133, 921.187(1)(a),

13         938.25, and 948.034(1), F.S., relating to

14         background checks of substance abuse service

15         provider personnel, exemptions from

16         disqualification for employment, the Drug

17         Dealer Liability Act, lease or rent for the

18         purpose of trafficking in a controlled

19         substance, prohibition on bail on appeal for

20         certain felony convictions, disposition and

21         sentencing, the Operating Trust Fund of the

22         Department of Law Enforcement, and terms and

23         conditions of probation, respectively, to

24         incorporate the amendment to s. 893.13, F.S.,

25         in references thereto; providing applicability;

26         providing an effective date.

27  

28  Be It Enacted by the Legislature of the State of Florida:

29  

30         Section 1.  Paragraph (c) of subsection (1) of section

31  893.13, Florida Statutes, is amended to read:

                                  1

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    Florida Senate - 2005                                  SB 1512
    27-1358A-05                                         See HB 555




 1         893.13  Prohibited acts; penalties.--

 2         (1)

 3         (c)  Except as authorized by this chapter, it is

 4  unlawful for any person to sell, manufacture, or deliver, or

 5  possess with intent to sell, manufacture, or deliver, a

 6  controlled substance in, on, or within 1,000 feet of the real

 7  property comprising a child care facility as defined in s.

 8  402.302 or a public or private elementary, middle, or

 9  secondary school between the hours of 6 a.m. and 12 midnight,

10  or at any time in, on, or within 1,000 feet of real property

11  comprising a state, county, or municipal park or library, a

12  community center, or a publicly owned recreational facility.

13  For the purposes of this paragraph, the term "community

14  center" means a facility operated by a nonprofit

15  community-based organization for the provision of

16  recreational, social, or educational services to the public.

17  Any person who violates this paragraph with respect to:

18         1.  A controlled substance named or described in s.

19  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,

20  commits a felony of the first degree, punishable as provided

21  in s. 775.082, s. 775.083, or s. 775.084. The defendant must

22  be sentenced to a minimum term of imprisonment of 3 calendar

23  years unless the offense was committed within 1,000 feet of

24  the real property comprising a child care facility as defined

25  in s. 402.302.

26         2.  A controlled substance named or described in s.

27  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5.,

28  (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a

29  felony of the second degree, punishable as provided in s.

30  775.082, s. 775.083, or s. 775.084.

31  

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    Florida Senate - 2005                                  SB 1512
    27-1358A-05                                         See HB 555




 1         3.  Any other controlled substance, except as lawfully

 2  sold, manufactured, or delivered, must be sentenced to pay a

 3  $500 fine and to serve 100 hours of public service in addition

 4  to any other penalty prescribed by law.

 5  

 6  This paragraph does not apply to a child care facility unless

 7  the owner or operator of the facility posts a sign that is not

 8  less than 2 square feet in size with a word legend identifying

 9  the facility as a licensed child care facility and that is

10  posted on the property of the child care facility in a

11  conspicuous place where the sign is reasonably visible to the

12  public.

13         Section 2.  Paragraphs (e) and (g) of subsection (3) of

14  section 921.0022, Florida Statutes, are amended to read:

15         921.0022  Criminal Punishment Code; offense severity

16  ranking chart.--

17         (3)  OFFENSE SEVERITY RANKING CHART

18  Florida           Felony             Description

19  Statute           Degree

20                              (e)  LEVEL 5

21  316.027(1)(a)      3rd      Accidents involving personal

22                              injuries, failure to stop;

23                              leaving scene.

24  316.1935(4)(a)     2nd      Aggravated fleeing or eluding.

25  322.34(6)          3rd      Careless operation of motor

26                              vehicle with suspended license,

27                              resulting in death or serious

28                              bodily injury.

29  327.30(5)          3rd      Vessel accidents involving

30                              personal injury; leaving scene.

31  

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    Florida Senate - 2005                                  SB 1512
    27-1358A-05                                         See HB 555




 1  381.0041(11)(b)    3rd      Donate blood, plasma, or organs

 2                              knowing HIV positive.

 3  440.10(1)(g)       2nd      Failure to obtain workers'

 4                              compensation coverage.

 5  440.105(5)         2nd      Unlawful solicitation for the

 6                              purpose of making workers'

 7                              compensation claims.

 8  440.381(2)         2nd      Submission of false, misleading,

 9                              or incomplete information with

10                              the purpose of avoiding or

11                              reducing workers' compensation

12                              premiums.

13  624.401(4)(b)2.    2nd      Transacting insurance without a

14                              certificate or authority; premium

15                              collected $20,000 or more but

16                              less than $100,000.

17  626.902(1)(c)      2nd      Representing an unauthorized

18                              insurer; repeat offender.

19  790.01(2)          3rd      Carrying a concealed firearm.

20  790.162            2nd      Threat to throw or discharge

21                              destructive device.

22  790.163(1)         2nd      False report of deadly explosive

23                              or weapon of mass destruction.

24  790.221(1)         2nd      Possession of short-barreled

25                              shotgun or machine gun.

26  790.23             2nd      Felons in possession of firearms,

27                              ammunition, or electronic weapons

28                              or devices.

29  800.04(6)(c)       3rd      Lewd or lascivious conduct;

30                              offender less than 18 years.

31  

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    Florida Senate - 2005                                  SB 1512
    27-1358A-05                                         See HB 555




 1  800.04(7)(c)       2nd      Lewd or lascivious exhibition;

 2                              offender 18 years or older.

 3  806.111(1)         3rd      Possess, manufacture, or dispense

 4                              fire bomb with intent to damage

 5                              any structure or property.

 6  812.0145(2)(b)     2nd      Theft from person 65 years of age

 7                              or older; $10,000 or more but

 8                              less than $50,000.

 9  812.015(8)         3rd      Retail theft; property stolen is

10                              valued at $300 or more and one or

11                              more specified acts.

12  812.019(1)         2nd      Stolen property; dealing in or

13                              trafficking in.

14  812.131(2)(b)      3rd      Robbery by sudden snatching.

15  812.16(2)          3rd      Owning, operating, or conducting

16                              a chop shop.

17  817.034(4)(a)2.    2nd      Communications fraud, value

18                              $20,000 to $50,000.

19  817.234(11)(b)     2nd      Insurance fraud; property value

20                              $20,000 or more but less than

21                              $100,000.

22  817.2341(1),       3rd      Filing false financial

23  (2)(a) & (3)(a)             statements, making false entries

24                              of material fact or false

25                              statements regarding property

26                              values relating to the solvency

27                              of an insuring entity.

28  

29  

30  

31  

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    Florida Senate - 2005                                  SB 1512
    27-1358A-05                                         See HB 555




 1  817.568(2)(b)      2nd      Fraudulent use of personal

 2                              identification information; value

 3                              of benefit, services received,

 4                              payment avoided, or amount of

 5                              injury or fraud, $5,000 or more

 6                              or use of personal identification

 7                              information of 10 or more

 8                              individuals.

 9  817.625(2)(b)      2nd      Second or subsequent fraudulent

10                              use of scanning device or

11                              reencoder.

12  825.1025(4)        3rd      Lewd or lascivious exhibition in

13                              the presence of an elderly person

14                              or disabled adult.

15  827.071(4)         2nd      Possess with intent to promote

16                              any photographic material, motion

17                              picture, etc., which includes

18                              sexual conduct by a child.

19  839.13(2)(b)       2nd      Falsifying records of an

20                              individual in the care and

21                              custody of a state agency

22                              involving great bodily harm or

23                              death.

24  843.01             3rd      Resist officer with violence to

25                              person; resist arrest with

26                              violence.

27  874.05(2)          2nd      Encouraging or recruiting another

28                              to join a criminal street gang;

29                              second or subsequent offense.

30  

31  

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    Florida Senate - 2005                                  SB 1512
    27-1358A-05                                         See HB 555




 1  893.13(1)(a)1.     2nd      Sell, manufacture, or deliver

 2                              cocaine (or other s.

 3                              893.03(1)(a), (1)(b), (1)(d),

 4                              (2)(a), (2)(b), or (2)(c)4.

 5                              drugs).

 6  893.13(1)(c)2.     2nd      Sell, manufacture, or deliver

 7                              cannabis (or other s.

 8                              893.03(1)(c), (2)(c)1., (2)(c)2.,

 9                              (2)(c)3., (2)(c)5., (2)(c)6.,

10                              (2)(c)7., (2)(c)8., (2)(c)9.,

11                              (3), or (4) drugs) within 1,000

12                              feet of a child care facility,

13                              school, or state, county, or

14                              municipal park or library or

15                              publicly owned recreational

16                              facility or community center.

17  893.13(1)(d)1.     1st      Sell, manufacture, or deliver

18                              cocaine (or other s.

19                              893.03(1)(a), (1)(b), (1)(d),

20                              (2)(a), (2)(b), or (2)(c)4.

21                              drugs) within 1,000 feet of

22                              university.

23  893.13(1)(e)2.     2nd      Sell, manufacture, or deliver

24                              cannabis or other drug prohibited

25                              under s. 893.03(1)(c), (2)(c)1.,

26                              (2)(c)2., (2)(c)3., (2)(c)5.,

27                              (2)(c)6., (2)(c)7., (2)(c)8.,

28                              (2)(c)9., (3), or (4) within

29                              1,000 feet of property used for

30                              religious services or a specified

31                              business site.

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    Florida Senate - 2005                                  SB 1512
    27-1358A-05                                         See HB 555




 1  893.13(1)(f)1.     1st      Sell, manufacture, or deliver

 2                              cocaine (or other s.

 3                              893.03(1)(a), (1)(b), (1)(d), or

 4                              (2)(a), (2)(b), or (2)(c)4.

 5                              drugs) within 1,000 feet of

 6                              public housing facility.

 7  893.13(4)(b)       2nd      Deliver to minor cannabis (or

 8                              other s. 893.03(1)(c), (2)(c)1.,

 9                              (2)(c)2., (2)(c)3., (2)(c)5.,

10                              (2)(c)6., (2)(c)7., (2)(c)8.,

11                              (2)(c)9., (3), or (4) drugs).

12                              (g)  LEVEL 7

13  316.027(1)(b)      2nd      Accident involving death, failure

14                              to stop; leaving scene.

15  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

16                              injury.

17  316.1935(3)(b)     1st      Causing serious bodily injury or

18                              death to another person; driving

19                              at high speed or with wanton

20                              disregard for safety while

21                              fleeing or attempting to elude

22                              law enforcement officer who is in

23                              a patrol vehicle with siren and

24                              lights activated.

25  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

26                              bodily injury.

27  402.319(2)         2nd      Misrepresentation and negligence

28                              or intentional act resulting in

29                              great bodily harm, permanent

30                              disfiguration, permanent

31                              disability, or death.

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    Florida Senate - 2005                                  SB 1512
    27-1358A-05                                         See HB 555




 1  409.920(2)         3rd      Medicaid provider fraud.

 2  456.065(2)         3rd      Practicing a health care

 3                              profession without a license.

 4  456.065(2)         2nd      Practicing a health care

 5                              profession without a license

 6                              which results in serious bodily

 7                              injury.

 8  458.327(1)         3rd      Practicing medicine without a

 9                              license.

10  459.013(1)         3rd      Practicing osteopathic medicine

11                              without a license.

12  460.411(1)         3rd      Practicing chiropractic medicine

13                              without a license.

14  461.012(1)         3rd      Practicing podiatric medicine

15                              without a license.

16  462.17             3rd      Practicing naturopathy without a

17                              license.

18  463.015(1)         3rd      Practicing optometry without a

19                              license.

20  464.016(1)         3rd      Practicing nursing without a

21                              license.

22  465.015(2)         3rd      Practicing pharmacy without a

23                              license.

24  466.026(1)         3rd      Practicing dentistry or dental

25                              hygiene without a license.

26  467.201            3rd      Practicing midwifery without a

27                              license.

28  468.366            3rd      Delivering respiratory care

29                              services without a license.

30  483.828(1)         3rd      Practicing as clinical laboratory

31                              personnel without a license.

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    Florida Senate - 2005                                  SB 1512
    27-1358A-05                                         See HB 555




 1  483.901(9)         3rd      Practicing medical physics

 2                              without a license.

 3  484.013(1)(c)      3rd      Preparing or dispensing optical

 4                              devices without a prescription.

 5  484.053            3rd      Dispensing hearing aids without a

 6                              license.

 7  494.0018(2)        1st      Conviction of any violation of

 8                              ss. 494.001-494.0077 in which the

 9                              total money and property

10                              unlawfully obtained exceeded

11                              $50,000 and there were five or

12                              more victims.

13  560.123(8)(b)1.    3rd      Failure to report currency or

14                              payment instruments exceeding

15                              $300 but less than $20,000 by

16                              money transmitter.

17  560.125(5)(a)      3rd      Money transmitter business by

18                              unauthorized person, currency or

19                              payment instruments exceeding

20                              $300 but less than $20,000.

21  655.50(10)(b)1.    3rd      Failure to report financial

22                              transactions exceeding $300 but

23                              less than $20,000 by financial

24                              institution.

25  782.051(3)         2nd      Attempted felony murder of a

26                              person by a person other than the

27                              perpetrator or the perpetrator of

28                              an attempted felony.

29  

30  

31  

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    Florida Senate - 2005                                  SB 1512
    27-1358A-05                                         See HB 555




 1  782.07(1)          2nd      Killing of a human being by the

 2                              act, procurement, or culpable

 3                              negligence of another

 4                              (manslaughter).

 5  782.071            2nd      Killing of human being or viable

 6                              fetus by the operation of a motor

 7                              vehicle in a reckless manner

 8                              (vehicular homicide).

 9  782.072            2nd      Killing of a human being by the

10                              operation of a vessel in a

11                              reckless manner (vessel

12                              homicide).

13  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

14                              causing great bodily harm or

15                              disfigurement.

16  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

17                              weapon.

18  784.045(1)(b)      2nd      Aggravated battery; perpetrator

19                              aware victim pregnant.

20  784.048(4)         3rd      Aggravated stalking; violation of

21                              injunction or court order.

22  784.048(7)         3rd      Aggravated stalking; violation of

23                              court order.

24  784.07(2)(d)       1st      Aggravated battery on law

25                              enforcement officer.

26  784.074(1)(a)      1st      Aggravated battery on sexually

27                              violent predators facility staff.

28  784.08(2)(a)       1st      Aggravated battery on a person 65

29                              years of age or older.

30  784.081(1)         1st      Aggravated battery on specified

31                              official or employee.

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    Florida Senate - 2005                                  SB 1512
    27-1358A-05                                         See HB 555




 1  784.082(1)         1st      Aggravated battery by detained

 2                              person on visitor or other

 3                              detainee.

 4  784.083(1)         1st      Aggravated battery on code

 5                              inspector.

 6  790.07(4)          1st      Specified weapons violation

 7                              subsequent to previous conviction

 8                              of s. 790.07(1) or (2).

 9  790.16(1)          1st      Discharge of a machine gun under

10                              specified circumstances.

11  790.165(2)         2nd      Manufacture, sell, possess, or

12                              deliver hoax bomb.

13  790.165(3)         2nd      Possessing, displaying, or

14                              threatening to use any hoax bomb

15                              while committing or attempting to

16                              commit a felony.

17  790.166(3)         2nd      Possessing, selling, using, or

18                              attempting to use a hoax weapon

19                              of mass destruction.

20  790.166(4)         2nd      Possessing, displaying, or

21                              threatening to use a hoax weapon

22                              of mass destruction while

23                              committing or attempting to

24                              commit a felony.

25  796.03             2nd      Procuring any person under 16

26                              years for prostitution.

27  800.04(5)(c)1.     2nd      Lewd or lascivious molestation;

28                              victim less than 12 years of age;

29                              offender less than 18 years.

30  

31  

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    Florida Senate - 2005                                  SB 1512
    27-1358A-05                                         See HB 555




 1  800.04(5)(c)2.     2nd      Lewd or lascivious molestation;

 2                              victim 12 years of age or older

 3                              but less than 16 years; offender

 4                              18 years or older.

 5  806.01(2)          2nd      Maliciously damage structure by

 6                              fire or explosive.

 7  810.02(3)(a)       2nd      Burglary of occupied dwelling;

 8                              unarmed; no assault or battery.

 9  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

10                              unarmed; no assault or battery.

11  810.02(3)(d)       2nd      Burglary of occupied conveyance;

12                              unarmed; no assault or battery.

13  812.014(2)(a)1.    1st      Property stolen, valued at

14                              $100,000 or more; property stolen

15                              while causing other property

16                              damage; 1st degree grand theft.

17  812.014(2)(b)2.    2nd      Property stolen, cargo valued at

18                              less than $50,000, grand theft in

19                              2nd degree.

20  812.014(2)(b)3.    2nd      Property stolen, emergency

21                              medical equipment; 2nd degree

22                              grand theft.

23  812.0145(2)(a)     1st      Theft from person 65 years of age

24                              or older; $50,000 or more.

25  812.019(2)         1st      Stolen property; initiates,

26                              organizes, plans, etc., the theft

27                              of property and traffics in

28                              stolen property.

29  812.131(2)(a)      2nd      Robbery by sudden snatching.

30  812.133(2)(b)      1st      Carjacking; no firearm, deadly

31                              weapon, or other weapon.

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    Florida Senate - 2005                                  SB 1512
    27-1358A-05                                         See HB 555




 1  817.234(8)(a)      2nd      Solicitation of motor vehicle

 2                              accident victims with intent to

 3                              defraud.

 4  817.234(9)         2nd      Organizing, planning, or

 5                              participating in an intentional

 6                              motor vehicle collision.

 7  817.234(11)(c)     1st      Insurance fraud; property value

 8                              $100,000 or more.

 9  817.2341(2)(b) &   1st      Making false entries of material

10  (3)(b)                      fact or false statements

11                              regarding property values

12                              relating to the solvency of an

13                              insuring entity which are a

14                              significant cause of the

15                              insolvency of that entity.

16  825.102(3)(b)      2nd      Neglecting an elderly person or

17                              disabled adult causing great

18                              bodily harm, disability, or

19                              disfigurement.

20  825.103(2)(b)      2nd      Exploiting an elderly person or

21                              disabled adult and property is

22                              valued at $20,000 or more, but

23                              less than $100,000.

24  827.03(3)(b)       2nd      Neglect of a child causing great

25                              bodily harm, disability, or

26                              disfigurement.

27  827.04(3)          3rd      Impregnation of a child under 16

28                              years of age by person 21 years

29                              of age or older.

30  

31  

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    Florida Senate - 2005                                  SB 1512
    27-1358A-05                                         See HB 555




 1  837.05(2)          3rd      Giving false information about

 2                              alleged capital felony to a law

 3                              enforcement officer.

 4  838.015            2nd      Bribery.

 5  838.016            2nd      Unlawful compensation or reward

 6                              for official behavior.

 7  838.021(3)(a)      2nd      Unlawful harm to a public

 8                              servant.

 9  838.22             2nd      Bid tampering.

10  872.06             2nd      Abuse of a dead human body.

11  893.13(1)(c)1.     1st      Sell, manufacture, or deliver

12                              cocaine (or other drug prohibited

13                              under s. 893.03(1)(a), (1)(b),

14                              (1)(d), (2)(a), (2)(b), or

15                              (2)(c)4.) within 1,000 feet of a

16                              child care facility, school, or

17                              state, county, or municipal park

18                              or library or publicly owned

19                              recreational facility or

20                              community center.

21  893.13(1)(e)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

26                              property used for religious

27                              services or a specified business

28                              site.

29  

30  

31  

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    Florida Senate - 2005                                  SB 1512
    27-1358A-05                                         See HB 555




 1  893.13(4)(a)       1st      Deliver to minor cocaine (or

 2                              other s. 893.03(1)(a), (1)(b),

 3                              (1)(d), (2)(a), (2)(b), or

 4                              (2)(c)4. drugs).

 5  893.135(1)(a)1.    1st      Trafficking in cannabis, more

 6                              than 25 lbs., less than 2,000

 7                              lbs.

 8  893.135(1)(b)1.a.  1st      Trafficking in cocaine, more than

 9                              28 grams, less than 200 grams.

10  893.135(1)(c)1.a.  1st      Trafficking in illegal drugs,

11                              more than 4 grams, less than 14

12                              grams.

13  893.135(1)(d)1.    1st      Trafficking in phencyclidine,

14                              more than 28 grams, less than 200

15                              grams.

16  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

17                              than 200 grams, less than 5

18                              kilograms.

19  893.135(1)(f)1.    1st      Trafficking in amphetamine, more

20                              than 14 grams, less than 28

21                              grams.

22  893.135(1)(g)1.a.  1st      Trafficking in flunitrazepam, 4

23                              grams or more, less than 14

24                              grams.

25  893.135(1)(h)1.a.  1st      Trafficking in

26                              gamma-hydroxybutyric acid (GHB),

27                              1 kilogram or more, less than 5

28                              kilograms.

29  893.135(1)(j)1.a.  1st      Trafficking in 1,4-Butanediol, 1

30                              kilogram or more, less than 5

31                              kilograms.

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    Florida Senate - 2005                                  SB 1512
    27-1358A-05                                         See HB 555




 1  893.135(1)(k)2.a.  1st      Trafficking in Phenethylamines,

 2                              10 grams or more, less than 200

 3                              grams.

 4  896.101(5)(a)      3rd      Money laundering, financial

 5                              transactions exceeding $300 but

 6                              less than $20,000.

 7  896.104(4)(a)1.    3rd      Structuring transactions to evade

 8                              reporting or registration

 9                              requirements, financial

10                              transactions exceeding $300 but

11                              less than $20,000.

12         Section 3.  For the purpose of incorporating the

13  amendment to section 893.13, Florida Statutes, in a reference

14  thereto, paragraph (b) of subsection (4) of section 397.451,

15  Florida Statutes, is reenacted to read:

16         397.451  Background checks of service provider

17  personnel.--

18         (4)  EXEMPTIONS FROM DISQUALIFICATION.--

19         (b)  Since rehabilitated substance abuse impaired

20  persons are effective in the successful treatment and

21  rehabilitation of substance abuse impaired adolescents, for

22  service providers which treat adolescents 13 years of age and

23  older, service provider personnel whose background checks

24  indicate crimes under s. 817.563, s. 893.13, or s. 893.147 may

25  be exempted from disqualification from employment pursuant to

26  this paragraph.

27         Section 4.  For the purpose of incorporating the

28  amendment to section 893.13, Florida Statutes, in a reference

29  thereto, subsection (2) of section 435.07, Florida Statutes,

30  is reenacted to read:

31  

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    Florida Senate - 2005                                  SB 1512
    27-1358A-05                                         See HB 555




 1         435.07  Exemptions from disqualification.--Unless

 2  otherwise provided by law, the provisions of this section

 3  shall apply to exemptions from disqualification.

 4         (2)  Persons employed by treatment providers who treat

 5  adolescents 13 years of age and older who are disqualified

 6  from employment solely because of crimes under s. 817.563, s.

 7  893.13, or s. 893.147 may be exempted from disqualification

 8  from employment pursuant to this section without the 3-year

 9  waiting period.

10         Section 5.  For the purpose of incorporating the

11  amendment to section 893.13, Florida Statutes, in a reference

12  thereto, paragraph (a) of subsection (2) of section 772.12,

13  Florida Statutes, is reenacted to read:

14         772.12  Drug Dealer Liability Act.--

15         (2)  A person, including any governmental entity, has a

16  cause of action for threefold the actual damages sustained and

17  is entitled to minimum damages in the amount of $1,000 and

18  reasonable attorney's fees and court costs in the trial and

19  appellate courts, if the person proves by the greater weight

20  of the evidence that:

21         (a)  The person was injured because of the defendant's

22  actions that resulted in the defendant's conviction for:

23         1.  A violation of s. 893.13, except for a violation of

24  s. 893.13(2)(a) or (b), (3), (5), (6)(a), (b), or (c), (7); or

25         2.  A violation of s. 893.135; and

26         Section 6.  For the purpose of incorporating the

27  amendment to section 893.13, Florida Statutes, in a reference

28  thereto, section 893.1351, Florida Statutes, is reenacted to

29  read:

30         893.1351  Lease or rent for the purpose of trafficking

31  in a controlled substance.--

                                  18

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    Florida Senate - 2005                                  SB 1512
    27-1358A-05                                         See HB 555




 1         (1)  A person may not lease or rent any place,

 2  structure, or part thereof, trailer, or other conveyance, with

 3  the knowledge that such place, structure, trailer, or

 4  conveyance will be used for the purpose of trafficking in a

 5  controlled substance, as provided in s. 893.135, or the sale

 6  of a controlled substance, as provided in s. 893.13.

 7         (2)  A person who violates subsection (1) is guilty of

 8  a felony of the third degree, punishable as provided in s.

 9  775.082, s. 775.083, or s. 775.084.

10         Section 7.  For the purpose of incorporating the

11  amendment to section 893.13, Florida Statutes, in a reference

12  thereto, section 903.133, Florida Statutes, is reenacted to

13  read:

14         903.133  Bail on appeal; prohibited for certain felony

15  convictions.--Notwithstanding the provisions of s. 903.132, no

16  person adjudged guilty of a felony of the first degree for a

17  violation of s. 782.04(2) or (3), s. 787.01, s. 794.011(4), s.

18  806.01, s. 893.13, or s. 893.135, or adjudged guilty of a

19  violation of s. 794.011(2) or (3), shall be admitted to bail

20  pending review either by posttrial motion or appeal.

21         Section 8.  For the purpose of incorporating the

22  amendment to section 893.13, Florida Statutes, in a reference

23  thereto, paragraph (a) of subsection (1) of section 921.187,

24  Florida Statutes, is reenacted to read:

25         921.187  Disposition and sentencing; alternatives;

26  restitution.--

27         (1)  The alternatives provided in this section for the

28  disposition of criminal cases shall be used in a manner that

29  will best serve the needs of society, punish criminal

30  offenders, and provide the opportunity for rehabilitation.

31  

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    Florida Senate - 2005                                  SB 1512
    27-1358A-05                                         See HB 555




 1         (a)  If the offender does not receive a state prison

 2  sentence, the court may:

 3         1.  Impose a split sentence whereby the offender is to

 4  be placed on probation upon completion of any specified period

 5  of such sentence, which period may include a term of years or

 6  less.

 7         2.  Make any other disposition that is authorized by

 8  law.

 9         3.  Place the offender on probation with or without an

10  adjudication of guilt pursuant to s. 948.01.

11         4.  Impose a fine and probation pursuant to s. 948.011

12  when the offense is punishable by both a fine and imprisonment

13  and probation is authorized.

14         5.  Place the offender into community control requiring

15  intensive supervision and surveillance pursuant to chapter

16  948.

17         6.  Impose, as a condition of probation or community

18  control, a period of treatment which shall be restricted to a

19  county facility, a Department of Corrections probation and

20  restitution center, a probation program drug punishment

21  treatment community, or a community residential or

22  nonresidential facility, excluding a community correctional

23  center as defined in s. 944.026, which is owned and operated

24  by any qualified public or private entity providing such

25  services. Before admission to such a facility, the court shall

26  obtain an individual assessment and recommendations on the

27  appropriate treatment needs, which shall be considered by the

28  court in ordering such placements. Placement in such a

29  facility, except for a county residential probation facility,

30  may not exceed 364 days. Placement in a county residential

31  probation facility may not exceed 3 years. Early termination

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    Florida Senate - 2005                                  SB 1512
    27-1358A-05                                         See HB 555




 1  of placement may be recommended to the court, when

 2  appropriate, by the center supervisor, the supervising

 3  probation officer, or the probation program manager.

 4         7.  Sentence the offender pursuant to s. 922.051 to

 5  imprisonment in a county jail when a statute directs

 6  imprisonment in a state prison, if the offender's cumulative

 7  sentence, whether from the same circuit or from separate

 8  circuits, is not more than 364 days.

 9         8.  Sentence the offender who is to be punished by

10  imprisonment in a county jail to a jail in another county if

11  there is no jail within the county suitable for such prisoner

12  pursuant to s. 950.01.

13         9.  Require the offender to participate in a

14  work-release or educational or technical training program

15  pursuant to s. 951.24 while serving a sentence in a county

16  jail, if such a program is available.

17         10.  Require the offender to perform a specified public

18  service pursuant to s. 775.091.

19         11.  Require the offender who violates chapter 893 or

20  violates any law while under the influence of a controlled

21  substance or alcohol to participate in a substance abuse

22  program.

23         12.a.  Require the offender who violates any criminal

24  provision of chapter 893 to pay an additional assessment in an

25  amount up to the amount of any fine imposed, pursuant to ss.

26  938.21 and 938.23.

27         b.  Require the offender who violates any provision of

28  s. 893.13 to pay an additional assessment in an amount of

29  $100, pursuant to ss. 938.25 and 943.361.

30  

31  

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    Florida Senate - 2005                                  SB 1512
    27-1358A-05                                         See HB 555




 1         13.  Impose a split sentence whereby the offender is to

 2  be placed in a county jail or county work camp upon the

 3  completion of any specified term of community supervision.

 4         14.  Impose split probation whereby upon satisfactory

 5  completion of half the term of probation, the Department of

 6  Corrections may place the offender on administrative probation

 7  pursuant to s. 948.013 for the remainder of the term of

 8  supervision.

 9         15.  Require residence in a state probation and

10  restitution center or private drug treatment program for

11  offenders on community control or offenders who have violated

12  conditions of probation.

13         16.  Impose any other sanction which is provided within

14  the community and approved as an intermediate sanction by the

15  county public safety coordinating council as described in s.

16  951.26.

17         17.  Impose, as a condition of community control,

18  probation, or probation following incarceration, a requirement

19  that an offender who has not obtained a high school diploma or

20  high school equivalency diploma or who lacks basic or

21  functional literacy skills, upon acceptance by an adult

22  education program, make a good faith effort toward completion

23  of such basic or functional literacy skills or high school

24  equivalency diploma, as defined in s. 1003.435, in accordance

25  with the assessed adult general education needs of the

26  individual offender.

27         Section 9.  For the purpose of incorporating the

28  amendment to section 893.13, Florida Statutes, in a reference

29  thereto, section 938.25, Florida Statutes, is reenacted to

30  read:

31  

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    Florida Senate - 2005                                  SB 1512
    27-1358A-05                                         See HB 555




 1         938.25  Operating Trust Fund of the Department of Law

 2  Enforcement.--Notwithstanding any provision to the contrary of

 3  the laws of this state, the court may assess any defendant who

 4  pleads guilty or nolo contendere to, or is convicted of, a

 5  violation of any provision of s. 893.13, without regard to

 6  whether adjudication was withheld, in addition to any fine and

 7  other penalty provided or authorized by law, an amount of

 8  $100, to be paid to the clerk of the court, who shall forward

 9  it to the Department of Revenue for deposit in the Operating

10  Trust Fund of the Department of Law Enforcement to be used by

11  the statewide criminal analysis laboratory system for the

12  purposes specified in s. 943.361. The court is authorized to

13  order a defendant to pay an additional assessment if it finds

14  that the defendant has the ability to pay the fine and the

15  additional assessment and will not be prevented thereby from

16  being rehabilitated or from making restitution.

17         Section 10.  For the purpose of incorporating the

18  amendment to section 893.13, Florida Statutes, in a reference

19  thereto, subsection (1) of section 948.034, Florida Statutes,

20  is reenacted to read:

21         948.034  Terms and conditions of probation; community

22  residential drug punishment centers.--

23         (1)  On or after October 1, 1993, any person who

24  violates s. 893.13(1)(a)1., (1)(c)2., (1)(d)2., (2)(a)1., or

25  (5)(a) may, in the discretion of the trial court, be required

26  to successfully complete a term of probation in lieu of

27  serving a term of imprisonment as required or authorized by s.

28  775.084, former s. 921.001, or s. 921.002, as follows:

29         (a)  If the person has not previously been convicted of

30  violating s. 893.13(1)(a)1., (1)(c)2., (1)(d)2., (2)(a)1., or

31  (5)(a), adjudication may be withheld and the offender may be

                                  23

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    Florida Senate - 2005                                  SB 1512
    27-1358A-05                                         See HB 555




 1  placed on probation for not less than 18 months, as a

 2  condition of which the court shall require the offender to

 3  reside at a community residential drug punishment center for

 4  90 days. The offender must comply with all rules and

 5  regulations of the center and must pay a fee for the costs of

 6  room and board and residential supervision. Placement of an

 7  offender into a community residential drug punishment center

 8  is subject to budgetary considerations and availability of bed

 9  space. If the court requires the offender to reside at a

10  community residential drug punishment center, the court shall

11  also require the offender to comply with one or more of the

12  other following terms and conditions:

13         1.  Pay a fine of not less than $500 nor more than

14  $10,000 pursuant to s. 775.083(1)(c).

15         2.  Enter, regularly attend, and successfully complete

16  a substance abuse education program of at least 40 hours or a

17  prescribed substance abuse treatment program provided by a

18  treatment resource licensed pursuant to chapter 397 or by a

19  hospital licensed pursuant to chapter 395, as specified by the

20  court. In addition, the court may refer the offender to a

21  licensed agency for substance abuse evaluation and, if

22  appropriate, substance abuse treatment subject to the ability

23  of the offender to pay for such evaluation and treatment. If

24  such referral is made, the offender must comply and must pay

25  for the reasonable cost of the evaluation and treatment.

26         3.  Perform at least 100 hours of public service.

27         4.  Submit to routine and random drug testing which may

28  be conducted during the probationary period, with the

29  reasonable costs thereof borne by the offender.

30  

31  

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    Florida Senate - 2005                                  SB 1512
    27-1358A-05                                         See HB 555




 1         5.  Participate, at his or her own expense, in an

 2  appropriate self-help group, such as Narcotics Anonymous,

 3  Alcoholics Anonymous, or Cocaine Anonymous, if available.

 4         (b)  If the person has been previously convicted of one

 5  felony violation of s. 893.13(1)(a)1., (1)(c)2., (1)(d)2.,

 6  (2)(a)1., or (5)(a), adjudication may not be withheld and the

 7  offender may be placed on probation for not less than 24

 8  months, as a condition of which the court shall require the

 9  offender to reside at a community residential drug punishment

10  center for 180 days. The offender must comply with all rules

11  and regulations of the center and must pay a fee for the costs

12  of room and board and residential supervision. Placement of an

13  offender into a community residential drug punishment center

14  is subject to budgetary considerations and availability of bed

15  space. If the court requires the offender to reside at a

16  community residential drug punishment center, the court shall

17  also require the offender to comply with one or more of the

18  other following terms and conditions:

19         1.  Pay a fine of not less than $1,000 nor more than

20  $10,000 pursuant to s. 775.083(1)(c).

21         2.  Enter, regularly attend, and successfully complete

22  a substance abuse education program of at least 40 hours or a

23  prescribed substance abuse treatment program provided by a

24  treatment resource licensed pursuant to chapter 397 or by a

25  hospital licensed pursuant to chapter 395, as specified by the

26  court. In addition, the court may refer the offender to a

27  licensed agency for substance abuse evaluation and, if

28  appropriate, substance abuse treatment subject to the ability

29  of the offender to pay for such evaluation and treatment. If

30  such referral is made, the offender must comply and must pay

31  for the reasonable cost of the evaluation and treatment.

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    Florida Senate - 2005                                  SB 1512
    27-1358A-05                                         See HB 555




 1         3.  Perform at least 200 hours of public service.

 2         4.  Submit to routine and random drug testing which may

 3  be conducted during the probationary period, with the

 4  reasonable costs thereof borne by the offender.

 5         5.  Participate, at his or her own expense, in an

 6  appropriate self-help group, such as Narcotics Anonymous,

 7  Alcoholics Anonymous, or Cocaine Anonymous, if available.

 8         (c)  If the person has been previously convicted of two

 9  felony violations of s. 893.13(2)(a)1. or (5)(a), adjudication

10  may not be withheld and the offender may be placed on

11  probation for not less than 36 months, as a condition of which

12  the court shall require the offender to reside at a community

13  residential drug punishment center for 360 days. The offender

14  must comply with all rules and regulations of the center and

15  must pay a fee for the costs of room and board and residential

16  supervision. Placement of an offender into a community

17  residential drug punishment center is subject to budgetary

18  considerations and availability of bed space. If the court

19  requires the offender to reside at a community residential

20  drug punishment center, the court shall also require the

21  offender to comply with one or more of the other following

22  terms and conditions:

23         1.  Pay a fine of not less than $1,500 nor more than

24  $10,000 pursuant to s. 775.083(1)(c).

25         2.  Enter, regularly attend, and successfully complete

26  a substance abuse education program of at least 40 hours or a

27  prescribed substance abuse treatment program provided by a

28  treatment resource licensed pursuant to chapter 397 or by a

29  hospital licensed pursuant to chapter 395, as specified by the

30  court. In addition, the court may refer the offender to a

31  licensed agency for substance abuse evaluation and, if

                                  26

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    Florida Senate - 2005                                  SB 1512
    27-1358A-05                                         See HB 555




 1  appropriate, substance abuse treatment subject to the ability

 2  of the offender to pay for such evaluation and treatment. If

 3  such referral is made, the offender must comply and must pay

 4  for the reasonable cost of the evaluation and treatment.

 5         3.  Perform at least 300 hours of public service.

 6         4.  Submit to routine and random drug testing which may

 7  be conducted during the probationary period, with the

 8  reasonable costs thereof borne by the offender.

 9         5.  Participate, at his or her own expense, in an

10  appropriate self-help group, such as Narcotics Anonymous,

11  Alcoholics Anonymous, or Cocaine Anonymous, if available.

12         (d)  An offender who violates probation imposed

13  pursuant to this section shall be sentenced in accordance with

14  s. 921.002.

15         Section 11.  This act shall take effect July 1, 2005,

16  and shall apply to offenses committed on or after that date.

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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