Senate Bill sb1512
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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.
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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.
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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.
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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.
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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.
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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
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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
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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.
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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:
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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.--
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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.
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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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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.
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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:
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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
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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.
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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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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
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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.
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