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.

14  

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

16  

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
    12-395B-07




 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.

 7  

 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

19                     

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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    Florida Senate - 2007                                  SB 1718
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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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    Florida Senate - 2007                                  SB 1718
    12-395B-07




 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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 1            *****************************************

 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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