HB 1363

1	A bill to be entitled
2	An act relating to controlled substances; amending s.
3	893.03, F.S.; including Salvia divinorum and Salvinorin A
4	on the list of controlled substances in Schedule I;
5	reenacting ss. 893.13(1)(a), (c), (d), (e), (f), and (h),
6	(2)(a), (4)(b), and (5)(b), and 921.0022(3)(b), (c), and
7	(e), F.S., relating to prohibited acts and penalties
8	concerning controlled substances and the offense severity
9	chart of the Criminal Punishment Code, to incorporate the
10	amendment to s. 893.03, F.S., in references thereto;
11	providing an effective date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1.  Paragraph (c) of subsection (1) of section
16	893.03, Florida Statutes, is amended to read:
17	893.03  Standards and schedules.--The substances enumerated
18	in this section are controlled by this chapter. The controlled
19	substances listed or to be listed in Schedules I, II, III, IV,
20	and V are included by whatever official, common, usual,
21	chemical, or trade name designated. The provisions of this
22	section shall not be construed to include within any of the
23	schedules contained in this section any excluded drugs listed
24	within the purview of 21 C.F.R. s. 1308.22, styled "Excluded
25	Substances"; 21 C.F.R. s. 1308.24, styled "Exempt Chemical
26	Preparations"; 21 C.F.R. s. 1308.32, styled "Exempted
27	Prescription Products"; or 21 C.F.R. s. 1308.34, styled "Exempt
28	Anabolic Steroid Products."
29	(1)  SCHEDULE I.--A substance in Schedule I has a high
30	potential for abuse and has no currently accepted medical use in
31	treatment in the United States and in its use under medical
32	supervision does not meet accepted safety standards. The
33	following substances are controlled in Schedule I:
34	(c)  Unless specifically excepted or unless listed in
35	another schedule, any material, compound, mixture, or
36	preparation which contains any quantity of the following
37	hallucinogenic substances or which contains any of their salts,
38	isomers, and salts of isomers, whenever the existence of such
39	salts, isomers, and salts of isomers is possible within the
40	specific chemical designation:
41	1.  Alpha-ethyltryptamine.
42	2.  2-Amino-4-methyl-5-phenyl-2-oxazoline (4-
43	methylaminorex).
44	3.  2-Amino-5-phenyl-2-oxazoline (Aminorex).
45	4.  4-Bromo-2,5-dimethoxyamphetamine.
46	5.  4-Bromo-2, 5-dimethoxyphenethylamine.
47	6.  Bufotenine.
48	7.  Cannabis.
49	8.  Cathinone.
50	9.  Diethyltryptamine.
51	10.  2,5-Dimethoxyamphetamine.
52	11.  2,5-Dimethoxy-4-ethylamphetamine (DOET).
53	12.  Dimethyltryptamine.
54	13.  N-Ethyl-1-phenylcyclohexylamine (PCE) (Ethylamine
55	analog of phencyclidine).
56	14.  N-Ethyl-3-piperidyl benzilate.
57	15.  N-ethylamphetamine.
58	16.  Fenethylline.
59	17.  N-Hydroxy-3,4-methylenedioxyamphetamine.
60	18.  Ibogaine.
61	19.  Lysergic acid diethylamide (LSD).
62	20.  Mescaline.
63	21.  Methcathinone.
64	22.  5-Methoxy-3,4-methylenedioxyamphetamine.
65	23.  4-methoxyamphetamine.
66	24.  4-methoxymethamphetamine.
67	25.  4-Methyl-2,5-dimethoxyamphetamine.
68	26.  3,4-Methylenedioxy-N-ethylamphetamine.
69	27.  3,4-Methylenedioxyamphetamine.
70	28.  N-Methyl-3-piperidyl benzilate.
71	29.  N,N-dimethylamphetamine.
72	30.  Parahexyl.
73	31.  Peyote.
74	32.  N-(1-Phenylcyclohexyl)-pyrrolidine (PCPY) (Pyrrolidine
75	analog of phencyclidine).
76	33.  Psilocybin.
77	34.  Psilocyn.
78	35.  Salvia divinorum.
79	36.  Salvinorin A.
80	37.35.  Tetrahydrocannabinols.
81	38.36.  1-[1-(2-Thienyl)-cyclohexyl]-piperidine (TCP)
82	(Thiophene analog of phencyclidine).
83	39.37.  3,4,5-Trimethoxyamphetamine.
84	Section 2.  For the purpose of incorporating the amendment
85	made by this act to section 893.03, Florida Statutes, in
86	references thereto, paragraphs (a), (c), (d), (e), (f), and (h)
87	of subsection (1), paragraph (a) of subsection (2), paragraph
88	(b) of subsection (4), and paragraph (b) of subsection (5) of
89	section 893.13, Florida Statutes, are reenacted to read:
90	893.13  Prohibited acts; penalties.--
91	(1)(a)  Except as authorized by this chapter and chapter
92	499, it is unlawful for any person to sell, manufacture, or
93	deliver, or possess with intent to sell, manufacture, or
94	deliver, a controlled substance. Any person who violates this
95	provision with respect to:
96	1.  A controlled substance named or described in s.
97	893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
98	commits a felony of the second degree, punishable as provided in
99	s. 775.082, s. 775.083, or s. 775.084.
100	2.  A controlled substance named or described in s.
101	893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
102	(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
103	the third degree, punishable as provided in s. 775.082, s.
104	775.083, or s. 775.084.
105	3.  A controlled substance named or described in s.
106	893.03(5) commits a misdemeanor of the first degree, punishable
107	as provided in s. 775.082 or s. 775.083.
108	(c)  Except as authorized by this chapter, it is unlawful
109	for any person to sell, manufacture, or deliver, or possess with
110	intent to sell, manufacture, or deliver, a controlled substance
111	in, on, or within 1,000 feet of the real property comprising a
112	child care facility as defined in s. 402.302 or a public or
113	private elementary, middle, or secondary school between the
114	hours of 6 a.m. and 12 midnight, or at any time in, on, or
115	within 1,000 feet of real property comprising a state, county,
116	or municipal park, a community center, or a publicly owned
117	recreational facility. For the purposes of this paragraph, the
118	term "community center" means a facility operated by a nonprofit
119	community-based organization for the provision of recreational,
120	social, or educational services to the public. Any person who
121	violates this paragraph with respect to:
122	1.  A controlled substance named or described in s.
123	893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
124	commits a felony of the first degree, punishable as provided in
125	s. 775.082, s. 775.083, or s. 775.084. The defendant must be
126	sentenced to a minimum term of imprisonment of 3 calendar years
127	unless the offense was committed within 1,000 feet of the real
128	property comprising a child care facility as defined in s.
129	402.302.
130	2.  A controlled substance named or described in s.
131	893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
132	(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
133	the second degree, punishable as provided in s. 775.082, s.
134	775.083, or s. 775.084.
135	3.  Any other controlled substance, except as lawfully
136	sold, manufactured, or delivered, must be sentenced to pay a
137	$500 fine and to serve 100 hours of public service in addition
138	to any other penalty prescribed by law.
139
140	This paragraph does not apply to a child care facility unless
141	the owner or operator of the facility posts a sign that is not
142	less than 2 square feet in size with a word legend identifying
143	the facility as a licensed child care facility and that is
144	posted on the property of the child care facility in a
145	conspicuous place where the sign is reasonably visible to the
146	public.
147	(d)  Except as authorized by this chapter, it is unlawful
148	for any person to sell, manufacture, or deliver, or possess with
149	intent to sell, manufacture, or deliver, a controlled substance
150	in, on, or within 1,000 feet of the real property comprising a
151	public or private college, university, or other postsecondary
152	educational institution. Any person who violates this paragraph
153	with respect to:
154	1.  A controlled substance named or described in s.
155	893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
156	commits a felony of the first degree, punishable as provided in
157	s. 775.082, s. 775.083, or s. 775.084.
158	2.  A controlled substance named or described in s.
159	893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
160	(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
161	the second degree, punishable as provided in s. 775.082, s.
162	775.083, or s. 775.084.
163	3.  Any other controlled substance, except as lawfully
164	sold, manufactured, or delivered, must be sentenced to pay a
165	$500 fine and to serve 100 hours of public service in addition
166	to any other penalty prescribed by law.
167	(e)  Except as authorized by this chapter, it is unlawful
168	for any person to sell, manufacture, or deliver, or possess with
169	intent to sell, manufacture, or deliver, a controlled substance
170	not authorized by law in, on, or within 1,000 feet of a physical
171	place for worship at which a church or religious organization
172	regularly conducts religious services or within 1,000 feet of a
173	convenience business as defined in s. 812.171. Any person who
174	violates this paragraph with respect to:
175	1.  A controlled substance named or described in s.
176	893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
177	commits a felony of the first degree, punishable as provided in
178	s. 775.082, s. 775.083, or s. 775.084.
179	2.  A controlled substance named or described in s.
180	893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
181	(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
182	the second degree, punishable as provided in s. 775.082, s.
183	775.083, or s. 775.084.
184	3.  Any other controlled substance, except as lawfully
185	sold, manufactured, or delivered, must be sentenced to pay a
186	$500 fine and to serve 100 hours of public service in addition
187	to any other penalty prescribed by law.
188	(f)  Except as authorized by this chapter, it is unlawful
189	for any person to sell, manufacture, or deliver, or possess with
190	intent to sell, manufacture, or deliver, a controlled substance
191	in, on, or within 1,000 feet of the real property comprising a
192	public housing facility at any time. For purposes of this
193	section, the term "real property comprising a public housing
194	facility" means real property, as defined in s. 421.03(12), of a
195	public corporation created as a housing authority pursuant to
196	part I of chapter 421. Any person who violates this paragraph
197	with respect to:
198	1.  A controlled substance named or described in s.
199	893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
200	commits a felony of the first degree, punishable as provided in
201	s. 775.082, s. 775.083, or s. 775.084.
202	2.  A controlled substance named or described in s.
203	893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
204	(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
205	the second degree, punishable as provided in s. 775.082, s.
206	775.083, or s. 775.084.
207	3.  Any other controlled substance, except as lawfully
208	sold, manufactured, or delivered, must be sentenced to pay a
209	$500 fine and to serve 100 hours of public service in addition
210	to any other penalty prescribed by law.
211	(h)  Except as authorized by this chapter, it is unlawful
212	for any person to sell, manufacture, or deliver, or possess with
213	intent to sell, manufacture, or deliver, a controlled substance
214	in, on, or within 1,000 feet of the real property comprising an
215	assisted living facility, as that term is used in chapter 429.
216	Any person who violates this paragraph with respect to:
217	1.  A controlled substance named or described in s.
218	893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
219	commits a felony of the first degree, punishable as provided in
220	s. 775.082, s. 775.083, or s. 775.084.
221	2.  A controlled substance named or described in s.
222	893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
223	(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
224	the second degree, punishable as provided in s. 775.082, s.
225	775.083, or s. 775.084.
226	(2)(a)  Except as authorized by this chapter and chapter
227	499, it is unlawful for any person to purchase, or possess with
228	intent to purchase, a controlled substance. Any person who
229	violates this provision with respect to:
230	1.  A controlled substance named or described in s.
231	893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
232	commits a felony of the second degree, punishable as provided in
233	s. 775.082, s. 775.083, or s. 775.084.
234	2.  A controlled substance named or described in s.
235	893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
236	(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
237	the third degree, punishable as provided in s. 775.082, s.
238	775.083, or s. 775.084.
239	3.  A controlled substance named or described in s.
240	893.03(5) commits a misdemeanor of the first degree, punishable
241	as provided in s. 775.082 or s. 775.083.
242	(4)  Except as authorized by this chapter, it is unlawful
243	for any person 18 years of age or older to deliver any
244	controlled substance to a person under the age of 18 years, or
245	to use or hire a person under the age of 18 years as an agent or
246	employee in the sale or delivery of such a substance, or to use
247	such person to assist in avoiding detection or apprehension for
248	a violation of this chapter. Any person who violates this
249	provision with respect to:
250	(b)  A controlled substance named or described in s.
251	893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
252	(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
253	the second degree, punishable as provided in s. 775.082, s.
254	775.083, or s. 775.084.
255
256	Imposition of sentence may not be suspended or deferred, nor
257	shall the person so convicted be placed on probation.
258	(5)  It is unlawful for any person to bring into this state
259	any controlled substance unless the possession of such
260	controlled substance is authorized by this chapter or unless
261	such person is licensed to do so by the appropriate federal
262	agency. Any person who violates this provision with respect to:
263	(b)  A controlled substance named or described in s.
264	893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
265	(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
266	the third degree, punishable as provided in s. 775.082, s.
267	775.083, or s. 775.084.
268	Section 3.  For the purpose of incorporating the amendment
269	made by this act to section 893.03, Florida Statutes, in a
270	reference thereto, paragraphs (b), (c), and (e) of subsection
271	(3) of section 921.0022, Florida Statutes, are reenacted to
272	read:
273	921.0022  Criminal Punishment Code; offense severity
274	ranking chart.--
275	(3)  OFFENSE SEVERITY RANKING CHART
276	(b)  LEVEL 2
277
	FloridaStatute FelonyDegree Description
278
	370.12(1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
279
	370.12(1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
280
	403.413(5)(c) 3rd Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste.
281
	517.07 3rd Registration of securities and furnishing of prospectus required.
282
	590.28(1) 3rd Willful, malicious, or intentional burning.
283
	784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
284
	787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
285
	806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
286
	810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
287
	810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
288
	812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or more but less than $5,000.
289
	812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.
290
	812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
291
	817.234(1)(a)2. 3rd False statement in support of insurance claim.
292
	817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
293
	817.52(3) 3rd Failure to redeliver hired vehicle.
294
	817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
295
	817.60(5) 3rd Dealing in credit cards of another.
296
	817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
297
	817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
298
	826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
299
	831.01 3rd Forgery.
300
	831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
301
	831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
302
	831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
303
	831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
304
	831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
305
	832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
306
	843.08 3rd Falsely impersonating an officer.
307
	893.13(2)(a)2. 3rd Purchase of any 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 other than cannabis.
308
	893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
309
310	(c)  LEVEL 3
311
	FloridaStatute FelonyDegree Description
312
	119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
313
	316.066(6)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
314
	316.193(2)(b) 3rd Felony DUI, 3rd conviction.
315
	316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
316
	319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
317
	319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
318
	319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
319
	319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
320
	327.35(2)(b) 3rd Felony BUI.
321
	328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
322
	328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
323
	370.12(1)(e)5. 3rd Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
324
	370.12(1)(e)6. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
325
	376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
326
	400.903(3) 3rd Operating a clinic without a license or filing false license application or other required information.
327
	440.1051(3) 3rd False report of workers' compensation fraud or retaliation for making such a report.
328
	501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
329
	624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
330
	624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
331
	626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
332
	697.08 3rd Equity skimming.
333
	790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
334
	796.05(1) 3rd Live on earnings of a prostitute.
335
	806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
336
	806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
337
	810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
338
	812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
339
	812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
340
	815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
341
	817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
342
	817.233 3rd Burning to defraud insurer.
343
	817.234(8)(b)-(c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
344
	817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
345
	817.236 3rd Filing a false motor vehicle insurance application.
346
	817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
347
	817.413(2) 3rd Sale of used goods as new.
348
	817.505(4) 3rd Patient brokering.
349
	828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
350
	831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
351
	831.29 2nd Possession of instruments for counterfeiting drivers' licenses or identification cards.
352
	838.021(3)(b) 3rd Threatens unlawful harm to public servant.
353
	843.19 3rd Injure, disable, or kill police dog or horse.
354
	860.15(3) 3rd Overcharging for repairs and parts.
355
	870.01(2) 3rd Riot; inciting or encouraging.
356
	893.13(1)(a)2. 3rd 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).
357
	893.13(1)(d)2. 2nd Sell, manufacture, or deliver 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 university.
358
	893.13(1)(f)2. 2nd Sell, manufacture, or deliver 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 public housing facility.
359
	893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
360
	893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
361
	893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
362
	893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
363
	893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
364
	893.13(8)(a)1. 3rd Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner's practice.
365
	893.13(8)(a)2. 3rd Employ a trick or scheme in the practitioner's practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
366
	893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
367
	893.13(8)(a)4. 3rd Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
368
	918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
369
	944.47(1)(a)1.-2. 3rd Introduce contraband to correctional facility.
370
	944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
371
	985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
372
373	(e)  LEVEL 5
374
	FloridaStatute FelonyDegree Description
375
	316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
376
	316.1935(4)(a) 2nd Aggravated fleeing or eluding.
377
	322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
378
	327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
379
	381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
380
	440.10(1)(g) 2nd Failure to obtain workers' compensation coverage.
381
	440.105(5) 2nd Unlawful solicitation for the purpose of making workers' compensation claims.
382
	440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers' compensation premiums.
383
	624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
384
	626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
385
	790.01(2) 3rd Carrying a concealed firearm.
386
	790.162 2nd Threat to throw or discharge destructive device.
387
	790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
388
	790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
389
	790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
390
	800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
391
	800.04(7)(c) 2nd Lewd or lascivious exhibition; offender 18 years or older.
392
	806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
393
	812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
394
	812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
395
	812.019(1) 2nd Stolen property; dealing in or trafficking in.
396
	812.131(2)(b) 3rd Robbery by sudden snatching.
397
	812.16(2) 3rd Owning, operating, or conducting a chop shop.
398
	817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
399
	817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
400
	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.
401
	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.
402
	817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
403
	825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
404
	827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
405
	827.071(5) 3rd Possess any photographic material, motion picture, etc., which includes sexual conduct by a child.
406
	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.
407
	843.01 3rd Resist officer with violence to person; resist arrest with violence.
408
	847.0137(2)&(3) 3rd Transmission of pornography by electronic device or equipment.
409
	847.0138(2)&(3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
410
	874.05(2) 2nd Encouraging or recruiting another to join a criminal street gang; second or subsequent offense.
411
	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).
412
	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 publicly owned recreational facility or community center.
413
	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.
414
	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.
415
	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.
416
	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).
417
418	Section 4.  This act shall take effect July 1, 2008.

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