Senate Bill sb1718
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Florida Senate - 2007 SB 1718
By Senator Crist
12-395B-07
1 A bill to be entitled
2 An act relating to the use or possession of
3 drug paraphernalia; amending s. 893.147, F.S.;
4 providing that the use or possession of drug
5 paraphernalia with intent to undertake certain
6 activities concerning the production of
7 methamphetamine is a felony of the second
8 degree; amending s. 921.0022, F.S.; classifying
9 the offense of using or possessing drug
10 paraphernalia related to the production of
11 methamphetamine under the offense severity
12 ranking chart of the Criminal Punishment Code;
13 providing an effective date.
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15 Be It Enacted by the Legislature of the State of Florida:
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17 Section 1. Subsection (1) of section 893.147, Florida
18 Statutes, is amended to read:
19 893.147 Use, possession, manufacture, delivery,
20 transportation, or advertisement of drug paraphernalia.--
21 (1) USE OR POSSESSION OF DRUG PARAPHERNALIA.--A It is
22 unlawful for any person who uses, or possesses to use, or to
23 possess with intent to use, drug paraphernalia:
24 (a) To plant, propagate, cultivate, grow, harvest,
25 manufacture, compound, convert, produce, process, prepare,
26 test, analyze, pack, repack, store, contain, or conceal a
27 controlled substance in violation of this chapter commits a
28 misdemeanor of the first degree, punishable as provided in s.
29 775.082 or s. 775.083.; or
30 (b) To inject, ingest, inhale, or otherwise introduce
31 into the human body a controlled substance in violation of
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Florida Senate - 2007 SB 1718
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1 this chapter commits a misdemeanor of the first degree,
2 punishable as provided in s. 775.082 or s. 775.083.
3 (c) To manufacture, compound, convert, produce,
4 process, or prepare methamphetamine in violation of this
5 chapter commits a felony of the second degree, punishable as
6 provided in s. 775.082, s. 775.083, or s. 775.084.
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8 Any person who violates this subsection is guilty of a
9 misdemeanor of the first degree, punishable as provided in s.
10 775.082 or s. 775.083.
11 Section 2. Paragraph (g) of subsection (3) of section
12 921.0022, Florida Statutes, is amended to read:
13 921.0022 Criminal Punishment Code; offense severity
14 ranking chart.--
15 (3) OFFENSE SEVERITY RANKING CHART
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17 Florida Felony
18 Statute Degree Description
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20 (g) LEVEL 7
21 316.027(1)(b) 1st Accident involving death, failure
22 to stop; leaving scene.
23 316.193(3)(c)2. 3rd DUI resulting in serious bodily
24 injury.
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Florida Senate - 2007 SB 1718
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1 316.1935(3)(b) 1st Causing serious bodily injury or
2 death to another person; driving
3 at high speed or with wanton
4 disregard for safety while
5 fleeing or attempting to elude
6 law enforcement officer who is in
7 a patrol vehicle with siren and
8 lights activated.
9 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
10 bodily injury.
11 402.319(2) 2nd Misrepresentation and negligence
12 or intentional act resulting in
13 great bodily harm, permanent
14 disfiguration, permanent
15 disability, or death.
16 409.920(2) 3rd Medicaid provider fraud.
17 456.065(2) 3rd Practicing a health care
18 profession without a license.
19 456.065(2) 2nd Practicing a health care
20 profession without a license
21 which results in serious bodily
22 injury.
23 458.327(1) 3rd Practicing medicine without a
24 license.
25 459.013(1) 3rd Practicing osteopathic medicine
26 without a license.
27 460.411(1) 3rd Practicing chiropractic medicine
28 without a license.
29 461.012(1) 3rd Practicing podiatric medicine
30 without a license.
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Florida Senate - 2007 SB 1718
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1 462.17 3rd Practicing naturopathy without a
2 license.
3 463.015(1) 3rd Practicing optometry without a
4 license.
5 464.016(1) 3rd Practicing nursing without a
6 license.
7 465.015(2) 3rd Practicing pharmacy without a
8 license.
9 466.026(1) 3rd Practicing dentistry or dental
10 hygiene without a license.
11 467.201 3rd Practicing midwifery without a
12 license.
13 468.366 3rd Delivering respiratory care
14 services without a license.
15 483.828(1) 3rd Practicing as clinical laboratory
16 personnel without a license.
17 483.901(9) 3rd Practicing medical physics
18 without a license.
19 484.013(1)(c) 3rd Preparing or dispensing optical
20 devices without a prescription.
21 484.053 3rd Dispensing hearing aids without a
22 license.
23 494.0018(2) 1st Conviction of any violation of
24 ss. 494.001-494.0077 in which the
25 total money and property
26 unlawfully obtained exceeded
27 $50,000 and there were five or
28 more victims.
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Florida Senate - 2007 SB 1718
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1 560.123(8)(b)1. 3rd Failure to report currency or
2 payment instruments exceeding
3 $300 but less than $20,000 by
4 money transmitter.
5 560.125(5)(a) 3rd Money transmitter business by
6 unauthorized person, currency or
7 payment instruments exceeding
8 $300 but less than $20,000.
9 655.50(10)(b)1. 3rd Failure to report financial
10 transactions exceeding $300 but
11 less than $20,000 by financial
12 institution.
13 775.21(10)(a) 3rd Sexual predator; failure to
14 register; failure to renew
15 driver's license or
16 identification card; other
17 registration violations.
18 775.21(10)(b) 3rd Sexual predator working where
19 children regularly congregate.
20 775.21(10)(g) 3rd Failure to report or providing
21 false information about a sexual
22 predator; harbor or conceal a
23 sexual predator.
24 782.051(3) 2nd Attempted felony murder of a
25 person by a person other than the
26 perpetrator or the perpetrator of
27 an attempted felony.
28 782.07(1) 2nd Killing of a human being by the
29 act, procurement, or culpable
30 negligence of another
31 (manslaughter).
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1 782.071 2nd Killing of human being or viable
2 fetus by the operation of a motor
3 vehicle in a reckless manner
4 (vehicular homicide).
5 782.072 2nd Killing of a human being by the
6 operation of a vessel in a
7 reckless manner (vessel
8 homicide).
9 784.045(1)(a)1. 2nd Aggravated battery; intentionally
10 causing great bodily harm or
11 disfigurement.
12 784.045(1)(a)2. 2nd Aggravated battery; using deadly
13 weapon.
14 784.045(1)(b) 2nd Aggravated battery; perpetrator
15 aware victim pregnant.
16 784.048(4) 3rd Aggravated stalking; violation of
17 injunction or court order.
18 784.048(7) 3rd Aggravated stalking; violation of
19 court order.
20 784.07(2)(d) 1st Aggravated battery on law
21 enforcement officer.
22 784.074(1)(a) 1st Aggravated battery on sexually
23 violent predators facility staff.
24 784.08(2)(a) 1st Aggravated battery on a person 65
25 years of age or older.
26 784.081(1) 1st Aggravated battery on specified
27 official or employee.
28 784.082(1) 1st Aggravated battery by detained
29 person on visitor or other
30 detainee.
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1 784.083(1) 1st Aggravated battery on code
2 inspector.
3 790.07(4) 1st Specified weapons violation
4 subsequent to previous conviction
5 of s. 790.07(1) or (2).
6 790.16(1) 1st Discharge of a machine gun under
7 specified circumstances.
8 790.165(2) 2nd Manufacture, sell, possess, or
9 deliver hoax bomb.
10 790.165(3) 2nd Possessing, displaying, or
11 threatening to use any hoax bomb
12 while committing or attempting to
13 commit a felony.
14 790.166(3) 2nd Possessing, selling, using, or
15 attempting to use a hoax weapon
16 of mass destruction.
17 790.166(4) 2nd Possessing, displaying, or
18 threatening to use a hoax weapon
19 of mass destruction while
20 committing or attempting to
21 commit a felony.
22 796.03 2nd Procuring any person under 16
23 years for prostitution.
24 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
25 victim less than 12 years of age;
26 offender less than 18 years.
27 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
28 victim 12 years of age or older
29 but less than 16 years; offender
30 18 years or older.
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Florida Senate - 2007 SB 1718
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1 806.01(2) 2nd Maliciously damage structure by
2 fire or explosive.
3 810.02(3)(a) 2nd Burglary of occupied dwelling;
4 unarmed; no assault or battery.
5 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
6 unarmed; no assault or battery.
7 810.02(3)(d) 2nd Burglary of occupied conveyance;
8 unarmed; no assault or battery.
9 812.014(2)(a)1. 1st Property stolen, valued at
10 $100,000 or more or a semitrailer
11 deployed by a law enforcement
12 officer; property stolen while
13 causing other property damage;
14 1st degree grand theft.
15 812.014(2)(b)2. 2nd Property stolen, cargo valued at
16 less than $50,000, grand theft in
17 2nd degree.
18 812.014(2)(b)3. 2nd Property stolen, emergency
19 medical equipment; 2nd degree
20 grand theft.
21 812.0145(2)(a) 1st Theft from person 65 years of age
22 or older; $50,000 or more.
23 812.019(2) 1st Stolen property; initiates,
24 organizes, plans, etc., the theft
25 of property and traffics in
26 stolen property.
27 812.131(2)(a) 2nd Robbery by sudden snatching.
28 812.133(2)(b) 1st Carjacking; no firearm, deadly
29 weapon, or other weapon.
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Florida Senate - 2007 SB 1718
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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)&
10 (3)(b) 1st Making false entries of material
11 fact or false statements
12 regarding property values
13 relating to the solvency of an
14 insuring entity which are a
15 significant cause of the
16 insolvency of that entity.
17 825.102(3)(b) 2nd Neglecting an elderly person or
18 disabled adult causing great
19 bodily harm, disability, or
20 disfigurement.
21 825.103(2)(b) 2nd Exploiting an elderly person or
22 disabled adult and property is
23 valued at $20,000 or more, but
24 less than $100,000.
25 827.03(3)(b) 2nd Neglect of a child causing great
26 bodily harm, disability, or
27 disfigurement.
28 827.04(3) 3rd Impregnation of a child under 16
29 years of age by person 21 years
30 of age or older.
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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.
10 847.0135(3) 3rd Solicitation of a child, via a
11 computer service, to commit an
12 unlawful sex act.
13 872.06 2nd Abuse of a dead human body.
14 893.13(1)(c)1. 1st Sell, manufacture, or deliver
15 cocaine (or other drug prohibited
16 under s. 893.03(1)(a), (1)(b),
17 (1)(d), (2)(a), (2)(b), or
18 (2)(c)4.) within 1,000 feet of a
19 child care facility, school, or
20 state, county, or municipal park
21 or publicly owned recreational
22 facility or community center.
23 893.13(1)(e)1. 1st Sell, manufacture, or deliver
24 cocaine or other drug prohibited
25 under s. 893.03(1)(a), (1)(b),
26 (1)(d), (2)(a), (2)(b), or
27 (2)(c)4., within 1,000 feet of
28 property used for religious
29 services or a specified business
30 site.
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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
9 (1)(b)1.a. 1st Trafficking in cocaine, more than
10 28 grams, less than 200 grams.
11 893.135
12 (1)(c)1.a. 1st Trafficking in illegal drugs,
13 more than 4 grams, less than 14
14 grams.
15 893.135
16 (1)(d)1. 1st Trafficking in phencyclidine,
17 more than 28 grams, less than 200
18 grams.
19 893.135(1)(e)1. 1st Trafficking in methaqualone, more
20 than 200 grams, less than 5
21 kilograms.
22 893.135(1)(f)1. 1st Trafficking in amphetamine, more
23 than 14 grams, less than 28
24 grams.
25 893.135
26 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
27 grams or more, less than 14
28 grams.
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1 893.135
2 (1)(h)1.a. 1st Trafficking in
3 gamma-hydroxybutyric acid (GHB),
4 1 kilogram or more, less than 5
5 kilograms.
6 893.135
7 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1
8 kilogram or more, less than 5
9 kilograms.
10 893.135
11 (1)(k)2.a. 1st Trafficking in Phenethylamines,
12 10 grams or more, less than 200
13 grams.
14 893.147(1)(c) 2nd Use or possession of drug
15 paraphernalia related to
16 production of methamphetamine.
17 896.101(5)(a) 3rd Money laundering, financial
18 transactions exceeding $300 but
19 less than $20,000.
20 896.104(4)(a)1. 3rd Structuring transactions to evade
21 reporting or registration
22 requirements, financial
23 transactions exceeding $300 but
24 less than $20,000.
25 943.0435(4)(c) 2nd Sexual offender vacating
26 permanent residence; failure to
27 comply with reporting
28 requirements.
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1 943.0435(8) 2nd Sexual offender; remains in state
2 after indicating intent to leave;
3 failure to comply with reporting
4 requirements.
5 943.0435(9)(a) 3rd Sexual offender; failure to
6 comply with reporting
7 requirements.
8 943.0435(13) 3rd Failure to report or providing
9 false information about a sexual
10 offender; harbor or conceal a
11 sexual offender.
12 943.0435(14) 3rd Sexual offender; failure to
13 report and reregister; failure to
14 respond to address verification.
15 944.607(9) 3rd Sexual offender; failure to
16 comply with reporting
17 requirements.
18 944.607(10)(a) 3rd Sexual offender; failure to
19 submit to the taking of a
20 digitized photograph.
21 944.607(12) 3rd Failure to report or providing
22 false information about a sexual
23 offender; harbor or conceal a
24 sexual offender.
25 944.607(13) 3rd Sexual offender; failure to
26 report and reregister; failure to
27 respond to address verification.
28 Section 3. This act shall take effect July 1, 2007.
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Florida Senate - 2007 SB 1718
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2 SENATE SUMMARY
3 Makes the use or possession of drug paraphernalia with
the intent to undertake certain activities concerning the
4 manufacture or production of methamphetamine a felony of
the second degree. Adds the felony classification to the
5 Criminal Punishment Code to conform.
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