HB 0555

1	A bill to be entitled
2	An act relating to drug abuse prevention and control;
3	amending s. 893.13, F.S.; prohibiting the sale,
4	manufacture, or delivery of controlled substances, or
5	possession of controlled substances with intent to sell,
6	manufacture, or deliver, within 1,000 feet of certain
7	libraries; amending s. 921.0022, F.S.; ranking such
8	offenses on the offense severity ranking chart of the
9	Criminal Punishment Code; reenacting ss. 397.451(4)(b),
10	435.07(2), 772.12(2)(a), 893.1351, 903.133, 921.187(1)(a),
11	938.25, and 948.034(1), F.S., relating to background
12	checks of substance abuse service provider personnel,
13	exemptions from disqualification for employment, the Drug
14	Dealer Liability Act, lease or rent for the purpose of
15	trafficking in a controlled substance, prohibition on bail
16	on appeal for certain felony convictions, disposition and
17	sentencing, the Operating Trust Fund of the Department of
18	Law Enforcement, and terms and conditions of probation,
19	respectively, to incorporate the amendment to s. 893.13,
20	F.S., in references thereto; providing applicability;
21	providing an effective date.
22
23	Be It Enacted by the Legislature of the State of Florida:
24
25	Section 1.  Paragraph (c) of subsection (1) of section
26	893.13, Florida Statutes, is amended to read:
27	893.13  Prohibited acts; penalties.--
28	(1)
29	(c)  Except as authorized by this chapter, it is unlawful
30	for any person to sell, manufacture, or deliver, or possess with
31	intent to sell, manufacture, or deliver, a controlled substance
32	in, on, or within 1,000 feet of the real property comprising a
33	child care facility as defined in s. 402.302 or a public or
34	private elementary, middle, or secondary school between the
35	hours of 6 a.m. and 12 midnight, or at any time in, on, or
36	within 1,000 feet of real property comprising a state, county,
37	or municipal park or library, a community center, or a publicly
38	owned recreational facility. For the purposes of this paragraph,
39	the term "community center" means a facility operated by a
40	nonprofit community-based organization for the provision of
41	recreational, social, or educational services to the public. Any
42	person who violates this paragraph with respect to:
43	1.  A controlled substance named or described in s.
44	893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
45	commits a felony of the first degree, punishable as provided in
46	s. 775.082, s. 775.083, or s. 775.084. The defendant must be
47	sentenced to a minimum term of imprisonment of 3 calendar years
48	unless the offense was committed within 1,000 feet of the real
49	property comprising a child care facility as defined in s.
50	402.302.
51	2.  A controlled substance named or described in s.
52	893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
53	(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
54	the second degree, punishable as provided in s. 775.082, s.
55	775.083, or s. 775.084.
56	3.  Any other controlled substance, except as lawfully
57	sold, manufactured, or delivered, must be sentenced to pay a
58	$500 fine and to serve 100 hours of public service in addition
59	to any other penalty prescribed by law.
60
61	This paragraph does not apply to a child care facility unless
62	the owner or operator of the facility posts a sign that is not
63	less than 2 square feet in size with a word legend identifying
64	the facility as a licensed child care facility and that is
65	posted on the property of the child care facility in a
66	conspicuous place where the sign is reasonably visible to the
67	public.
68	Section 2.  Paragraphs (e) and (g) of subsection (3) of
69	section 921.0022, Florida Statutes, are amended to read:
70	921.0022  Criminal Punishment Code; offense severity
71	ranking chart.--
72	(3)  OFFENSE SEVERITY RANKING CHART
73
	FloridaStatute FelonyDegree Description
74
75
	(e)  LEVEL 5
76
	316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
77
	316.1935(4)(a) 2nd Aggravated fleeing or eluding.
78
	322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
79
	327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
80
	381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
81
	440.10(1)(g) 2nd Failure to obtain workers' compensation coverage.
82
	440.105(5) 2nd Unlawful solicitation for the purpose of making workers' compensation claims.
83
	440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers' compensation premiums.
84
	624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
85
	626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
86
	790.01(2) 3rd Carrying a concealed firearm.
87
	790.162 2nd Threat to throw or discharge destructive device.
88
	790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
89
	790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
90
	790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
91
	800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
92
	800.04(7)(c) 2nd Lewd or lascivious exhibition; offender 18 years or older.
93
	806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
94
	812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
95
	812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
96
	812.019(1) 2nd Stolen property; dealing in or trafficking in.
97
	812.131(2)(b) 3rd Robbery by sudden snatching.
98
	812.16(2) 3rd Owning, operating, or conducting a chop shop.
99
	817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
100
	817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
101
	817.2341(1), (2)(a) & (3)(a) 3rd Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
102
	817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more individuals.
103
	817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
104
	825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
105
	827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
106
	839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
107
	843.01 3rd Resist officer with violence to person; resist arrest with violence.
108
	874.05(2) 2nd Encouraging or recruiting another to join a criminal street gang; second or subsequent offense.
109
	893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
110
	893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or library or publicly owned recreational facility or community center.
111
	893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university.
112
	893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
113
	893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of public housing facility.
114
	893.13(4)(b) 2nd Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
115
116
	(g)  LEVEL 7
117
	316.027(1)(b) 2nd Accident involving death, failure to stop; leaving scene.
118
	316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
119
	316.1935(3)(b) 1st Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
120
	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
121
	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
122
	409.920(2) 3rd Medicaid provider fraud.
123
	456.065(2) 3rd Practicing a health care profession without a license.
124
	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
125
	458.327(1) 3rd Practicing medicine without a license.
126
	459.013(1) 3rd Practicing osteopathic medicine without a license.
127
	460.411(1) 3rd Practicing chiropractic medicine without a license.
128
	461.012(1) 3rd Practicing podiatric medicine without a license.
129
	462.17 3rd Practicing naturopathy without a license.
130
	463.015(1) 3rd Practicing optometry without a license.
131
	464.016(1) 3rd Practicing nursing without a license.
132
	465.015(2) 3rd Practicing pharmacy without a license.
133
	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
134
	467.201 3rd Practicing midwifery without a license.
135
	468.366 3rd Delivering respiratory care services without a license.
136
	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
137
	483.901(9) 3rd Practicing medical physics without a license.
138
	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
139
	484.053 3rd Dispensing hearing aids without a license.
140
	494.0018(2) 1st Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
141
	560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
142
	560.125(5)(a) 3rd Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
143
	655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
144
	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
145
	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
146
	782.071 2nd Killing of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
147
	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
148
	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
149
	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
150
	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
151
	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
152
	784.048(7) 3rd Aggravated stalking; violation of court order.
153
	784.07(2)(d) 1st Aggravated battery on law enforcement officer.
154
	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
155
	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
156
	784.081(1) 1st Aggravated battery on specified official or employee.
157
	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
158
	784.083(1) 1st Aggravated battery on code inspector.
159
	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
160
	790.16(1) 1st Discharge of a machine gun under specified circumstances.
161
	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
162
	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
163
	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
164
	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
165
	796.03 2nd Procuring any person under 16 years for prostitution.
166
	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
167
	800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
168
	806.01(2) 2nd Maliciously damage structure by fire or explosive.
169
	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
170
	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
171
	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
172
	812.014(2)(a)1. 1st Property stolen, valued at $100,000 or more; property stolen while causing other property damage; 1st degree grand theft.
173
	812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
174
	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
175
	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
176
	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
177
	812.131(2)(a) 2nd Robbery by sudden snatching.
178
	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
179
	817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
180
	817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
181
	817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
182
	817.2341(2)(b) & (3)(b) 1st Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
183
	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
184
	825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
185
	827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
186
	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
187
	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
188
	838.015 2nd Bribery.
189
	838.016 2nd Unlawful compensation or reward for official behavior.
190
	838.021(3)(a) 2nd Unlawful harm to a public servant.
191
	838.22 2nd Bid tampering.
192
	872.06 2nd Abuse of a dead human body.
193
	893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or library or publicly owned recreational facility or community center.
194
	893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
195
	893.13(4)(a) 1st Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
196
	893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
197
	893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
198
	893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
199
	893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
200
	893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
201
	893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
202
	893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
203
	893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
204
	893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
205
	893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
206
	896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
207
	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
208
209	Section 3.  For the purpose of incorporating the amendment
210	to section 893.13, Florida Statutes, in a reference thereto,
211	paragraph (b) of subsection (4) of section 397.451, Florida
212	Statutes, is reenacted to read:
213	397.451  Background checks of service provider personnel.--
214	(4)  EXEMPTIONS FROM DISQUALIFICATION.--
215	(b)  Since rehabilitated substance abuse impaired persons
216	are effective in the successful treatment and rehabilitation of
217	substance abuse impaired adolescents, for service providers
218	which treat adolescents 13 years of age and older, service
219	provider personnel whose background checks indicate crimes under
220	s. 817.563, s. 893.13, or s. 893.147 may be exempted from
221	disqualification from employment pursuant to this paragraph.
222	Section 4.  For the purpose of incorporating the amendment
223	to section 893.13, Florida Statutes, in a reference thereto,
224	subsection (2) of section 435.07, Florida Statutes, is reenacted
225	to read:
226	435.07  Exemptions from disqualification.--Unless otherwise
227	provided by law, the provisions of this section shall apply to
228	exemptions from disqualification.
229	(2)  Persons employed by treatment providers who treat
230	adolescents 13 years of age and older who are disqualified from
231	employment solely because of crimes under s. 817.563, s. 893.13,
232	or s. 893.147 may be exempted from disqualification from
233	employment pursuant to this section without the 3-year waiting
234	period.
235	Section 5.  For the purpose of incorporating the amendment
236	to section 893.13, Florida Statutes, in a reference thereto,
237	paragraph (a) of subsection (2) of section 772.12, Florida
238	Statutes, is reenacted to read:
239	772.12  Drug Dealer Liability Act.--
240	(2)  A person, including any governmental entity, has a
241	cause of action for threefold the actual damages sustained and
242	is entitled to minimum damages in the amount of $1,000 and
243	reasonable attorney's fees and court costs in the trial and
244	appellate courts, if the person proves by the greater weight of
245	the evidence that:
246	(a)  The person was injured because of the defendant's
247	actions that resulted in the defendant's conviction for:
248	1.  A violation of s. 893.13, except for a violation of s.
249	893.13(2)(a) or (b), (3), (5), (6)(a), (b), or (c), (7); or
250	2.  A violation of s. 893.135; and
251	Section 6.  For the purpose of incorporating the amendment
252	to section 893.13, Florida Statutes, in a reference thereto,
253	section 893.1351, Florida Statutes, is reenacted to read:
254	893.1351  Lease or rent for the purpose of trafficking in a
255	controlled substance.--
256	(1)  A person may not lease or rent any place, structure,
257	or part thereof, trailer, or other conveyance, with the
258	knowledge that such place, structure, trailer, or conveyance
259	will be used for the purpose of trafficking in a controlled
260	substance, as provided in s. 893.135, or the sale of a
261	controlled substance, as provided in s. 893.13.
262	(2)  A person who violates subsection (1) is guilty of a
263	felony of the third degree, punishable as provided in s.
264	775.082, s. 775.083, or s. 775.084.
265	Section 7.  For the purpose of incorporating the amendment
266	to section 893.13, Florida Statutes, in a reference thereto,
267	section 903.133, Florida Statutes, is reenacted to read:
268	903.133  Bail on appeal; prohibited for certain felony
269	convictions.--Notwithstanding the provisions of s. 903.132, no
270	person adjudged guilty of a felony of the first degree for a
271	violation of s. 782.04(2) or (3), s. 787.01, s. 794.011(4), s.
272	806.01, s. 893.13, or s. 893.135, or adjudged guilty of a
273	violation of s. 794.011(2) or (3), shall be admitted to bail
274	pending review either by posttrial motion or appeal.
275	Section 8.  For the purpose of incorporating the amendment
276	to section 893.13, Florida Statutes, in a reference thereto,
277	paragraph (a) of subsection (1) of section 921.187, Florida
278	Statutes, is reenacted to read:
279	921.187  Disposition and sentencing; alternatives;
280	restitution.--
281	(1)  The alternatives provided in this section for the
282	disposition of criminal cases shall be used in a manner that
283	will best serve the needs of society, punish criminal offenders,
284	and provide the opportunity for rehabilitation.
285	(a)  If the offender does not receive a state prison
286	sentence, the court may:
287	1.  Impose a split sentence whereby the offender is to be
288	placed on probation upon completion of any specified period of
289	such sentence, which period may include a term of years or less.
290	2.  Make any other disposition that is authorized by law.
291	3.  Place the offender on probation with or without an
292	adjudication of guilt pursuant to s. 948.01.
293	4.  Impose a fine and probation pursuant to s. 948.011 when
294	the offense is punishable by both a fine and imprisonment and
295	probation is authorized.
296	5.  Place the offender into community control requiring
297	intensive supervision and surveillance pursuant to chapter 948.
298	6.  Impose, as a condition of probation or community
299	control, a period of treatment which shall be restricted to a
300	county facility, a Department of Corrections probation and
301	restitution center, a probation program drug punishment
302	treatment community, or a community residential or
303	nonresidential facility, excluding a community correctional
304	center as defined in s. 944.026, which is owned and operated by
305	any qualified public or private entity providing such services.
306	Before admission to such a facility, the court shall obtain an
307	individual assessment and recommendations on the appropriate
308	treatment needs, which shall be considered by the court in
309	ordering such placements. Placement in such a facility, except
310	for a county residential probation facility, may not exceed 364
311	days. Placement in a county residential probation facility may
312	not exceed 3 years. Early termination of placement may be
313	recommended to the court, when appropriate, by the center
314	supervisor, the supervising probation officer, or the probation
315	program manager.
316	7.  Sentence the offender pursuant to s. 922.051 to
317	imprisonment in a county jail when a statute directs
318	imprisonment in a state prison, if the offender's cumulative
319	sentence, whether from the same circuit or from separate
320	circuits, is not more than 364 days.
321	8.  Sentence the offender who is to be punished by
322	imprisonment in a county jail to a jail in another county if
323	there is no jail within the county suitable for such prisoner
324	pursuant to s. 950.01.
325	9.  Require the offender to participate in a work-release
326	or educational or technical training program pursuant to s.
327	951.24 while serving a sentence in a county jail, if such a
328	program is available.
329	10.  Require the offender to perform a specified public
330	service pursuant to s. 775.091.
331	11.  Require the offender who violates chapter 893 or
332	violates any law while under the influence of a controlled
333	substance or alcohol to participate in a substance abuse
334	program.
335	12.a.  Require the offender who violates any criminal
336	provision of chapter 893 to pay an additional assessment in an
337	amount up to the amount of any fine imposed, pursuant to ss.
338	938.21 and 938.23.
339	b.  Require the offender who violates any provision of s.
340	893.13 to pay an additional assessment in an amount of $100,
341	pursuant to ss. 938.25 and 943.361.
342	13.  Impose a split sentence whereby the offender is to be
343	placed in a county jail or county work camp upon the completion
344	of any specified term of community supervision.
345	14.  Impose split probation whereby upon satisfactory
346	completion of half the term of probation, the Department of
347	Corrections may place the offender on administrative probation
348	pursuant to s. 948.013 for the remainder of the term of
349	supervision.
350	15.  Require residence in a state probation and restitution
351	center or private drug treatment program for offenders on
352	community control or offenders who have violated conditions of
353	probation.
354	16.  Impose any other sanction which is provided within the
355	community and approved as an intermediate sanction by the county
356	public safety coordinating council as described in s. 951.26.
357	17.  Impose, as a condition of community control,
358	probation, or probation following incarceration, a requirement
359	that an offender who has not obtained a high school diploma or
360	high school equivalency diploma or who lacks basic or functional
361	literacy skills, upon acceptance by an adult education program,
362	make a good faith effort toward completion of such basic or
363	functional literacy skills or high school equivalency diploma,
364	as defined in s. 1003.435, in accordance with the assessed adult
365	general education needs of the individual offender.
366	Section 9.  For the purpose of incorporating the amendment
367	to section 893.13, Florida Statutes, in a reference thereto,
368	section 938.25, Florida Statutes, is reenacted to read:
369	938.25  Operating Trust Fund of the Department of Law
370	Enforcement.--Notwithstanding any provision to the contrary of
371	the laws of this state, the court may assess any defendant who
372	pleads guilty or nolo contendere to, or is convicted of, a
373	violation of any provision of s. 893.13, without regard to
374	whether adjudication was withheld, in addition to any fine and
375	other penalty provided or authorized by law, an amount of $100,
376	to be paid to the clerk of the court, who shall forward it to
377	the Department of Revenue for deposit in the Operating Trust
378	Fund of the Department of Law Enforcement to be used by the
379	statewide criminal analysis laboratory system for the purposes
380	specified in s. 943.361. The court is authorized to order a
381	defendant to pay an additional assessment if it finds that the
382	defendant has the ability to pay the fine and the additional
383	assessment and will not be prevented thereby from being
384	rehabilitated or from making restitution.
385	Section 10.  For the purpose of incorporating the amendment
386	to section 893.13, Florida Statutes, in a reference thereto,
387	subsection (1) of section 948.034, Florida Statutes, is
388	reenacted to read:
389	948.034  Terms and conditions of probation; community
390	residential drug punishment centers.--
391	(1)  On or after October 1, 1993, any person who violates
392	s. 893.13(1)(a)1., (1)(c)2., (1)(d)2., (2)(a)1., or (5)(a) may,
393	in the discretion of the trial court, be required to
394	successfully complete a term of probation in lieu of serving a
395	term of imprisonment as required or authorized by s. 775.084,
396	former s. 921.001, or s. 921.002, as follows:
397	(a)  If the person has not previously been convicted of
398	violating s. 893.13(1)(a)1., (1)(c)2., (1)(d)2., (2)(a)1., or
399	(5)(a), adjudication may be withheld and the offender may be
400	placed on probation for not less than 18 months, as a condition
401	of which the court shall require the offender to reside at a
402	community residential drug punishment center for 90 days. The
403	offender must comply with all rules and regulations of the
404	center and must pay a fee for the costs of room and board and
405	residential supervision. Placement of an offender into a
406	community residential drug punishment center is subject to
407	budgetary considerations and availability of bed space. If the
408	court requires the offender to reside at a community residential
409	drug punishment center, the court shall also require the
410	offender to comply with one or more of the other following terms
411	and conditions:
412	1.  Pay a fine of not less than $500 nor more than $10,000
413	pursuant to s. 775.083(1)(c).
414	2.  Enter, regularly attend, and successfully complete a
415	substance abuse education program of at least 40 hours or a
416	prescribed substance abuse treatment program provided by a
417	treatment resource licensed pursuant to chapter 397 or by a
418	hospital licensed pursuant to chapter 395, as specified by the
419	court. In addition, the court may refer the offender to a
420	licensed agency for substance abuse evaluation and, if
421	appropriate, substance abuse treatment subject to the ability of
422	the offender to pay for such evaluation and treatment. If such
423	referral is made, the offender must comply and must pay for the
424	reasonable cost of the evaluation and treatment.
425	3.  Perform at least 100 hours of public service.
426	4.  Submit to routine and random drug testing which may be
427	conducted during the probationary period, with the reasonable
428	costs thereof borne by the offender.
429	5.  Participate, at his or her own expense, in an
430	appropriate self-help group, such as Narcotics Anonymous,
431	Alcoholics Anonymous, or Cocaine Anonymous, if available.
432	(b)  If the person has been previously convicted of one
433	felony violation of s. 893.13(1)(a)1., (1)(c)2., (1)(d)2.,
434	(2)(a)1., or (5)(a), adjudication may not be withheld and the
435	offender may be placed on probation for not less than 24 months,
436	as a condition of which the court shall require the offender to
437	reside at a community residential drug punishment center for 180
438	days. The offender must comply with all rules and regulations of
439	the center and must pay a fee for the costs of room and board
440	and residential supervision. Placement of an offender into a
441	community residential drug punishment center is subject to
442	budgetary considerations and availability of bed space. If the
443	court requires the offender to reside at a community residential
444	drug punishment center, the court shall also require the
445	offender to comply with one or more of the other following terms
446	and conditions:
447	1.  Pay a fine of not less than $1,000 nor more than
448	$10,000 pursuant to s. 775.083(1)(c).
449	2.  Enter, regularly attend, and successfully complete a
450	substance abuse education program of at least 40 hours or a
451	prescribed substance abuse treatment program provided by a
452	treatment resource licensed pursuant to chapter 397 or by a
453	hospital licensed pursuant to chapter 395, as specified by the
454	court. In addition, the court may refer the offender to a
455	licensed agency for substance abuse evaluation and, if
456	appropriate, substance abuse treatment subject to the ability of
457	the offender to pay for such evaluation and treatment. If such
458	referral is made, the offender must comply and must pay for the
459	reasonable cost of the evaluation and treatment.
460	3.  Perform at least 200 hours of public service.
461	4.  Submit to routine and random drug testing which may be
462	conducted during the probationary period, with the reasonable
463	costs thereof borne by the offender.
464	5.  Participate, at his or her own expense, in an
465	appropriate self-help group, such as Narcotics Anonymous,
466	Alcoholics Anonymous, or Cocaine Anonymous, if available.
467	(c)  If the person has been previously convicted of two
468	felony violations of s. 893.13(2)(a)1. or (5)(a), adjudication
469	may not be withheld and the offender may be placed on probation
470	for not less than 36 months, as a condition of which the court
471	shall require the offender to reside at a community residential
472	drug punishment center for 360 days. The offender must comply
473	with all rules and regulations of the center and must pay a fee
474	for the costs of room and board and residential supervision.
475	Placement of an offender into a community residential drug
476	punishment center is subject to budgetary considerations and
477	availability of bed space. If the court requires the offender to
478	reside at a community residential drug punishment center, the
479	court shall also require the offender to comply with one or more
480	of the other following terms and conditions:
481	1.  Pay a fine of not less than $1,500 nor more than
482	$10,000 pursuant to s. 775.083(1)(c).
483	2.  Enter, regularly attend, and successfully complete a
484	substance abuse education program of at least 40 hours or a
485	prescribed substance abuse treatment program provided by a
486	treatment resource licensed pursuant to chapter 397 or by a
487	hospital licensed pursuant to chapter 395, as specified by the
488	court. In addition, the court may refer the offender to a
489	licensed agency for substance abuse evaluation and, if
490	appropriate, substance abuse treatment subject to the ability of
491	the offender to pay for such evaluation and treatment. If such
492	referral is made, the offender must comply and must pay for the
493	reasonable cost of the evaluation and treatment.
494	3.  Perform at least 300 hours of public service.
495	4.  Submit to routine and random drug testing which may be
496	conducted during the probationary period, with the reasonable
497	costs thereof borne by the offender.
498	5.  Participate, at his or her own expense, in an
499	appropriate self-help group, such as Narcotics Anonymous,
500	Alcoholics Anonymous, or Cocaine Anonymous, if available.
501	(d)  An offender who violates probation imposed pursuant to
502	this section shall be sentenced in accordance with s. 921.002.
503	Section 11.  This act shall take effect July 1, 2005, and
504	shall apply to offenses committed on or after that date.

CODING: Words stricken are deletions; words underlined are additions.