CS/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	providing exceptions from the scheduling of Salvia
6	divinorum and Salvinorin A; reenacting ss. 893.13(1)(a),
7	(c), (d), (e), (f), and (h), (2)(a), (4)(b), and (5)(b),
8	and 921.0022(3)(b), (c), and (e), F.S., relating to
9	prohibited acts and penalties concerning controlled
10	substances and the offense severity chart of the Criminal
11	Punishment Code, to incorporate the amendment to s.
12	893.03, F.S., in references thereto; providing an
13	effective date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1.  Paragraph (c) of subsection (1) of section
18	893.03, Florida Statutes, is amended to read:
19	893.03  Standards and schedules.--The substances enumerated
20	in this section are controlled by this chapter. The controlled
21	substances listed or to be listed in Schedules I, II, III, IV,
22	and V are included by whatever official, common, usual,
23	chemical, or trade name designated. The provisions of this
24	section shall not be construed to include within any of the
25	schedules contained in this section any excluded drugs listed
26	within the purview of 21 C.F.R. s. 1308.22, styled "Excluded
27	Substances"; 21 C.F.R. s. 1308.24, styled "Exempt Chemical
28	Preparations"; 21 C.F.R. s. 1308.32, styled "Exempted
29	Prescription Products"; or 21 C.F.R. s. 1308.34, styled "Exempt
30	Anabolic Steroid Products."
31	(1)  SCHEDULE I.--A substance in Schedule I has a high
32	potential for abuse and has no currently accepted medical use in
33	treatment in the United States and in its use under medical
34	supervision does not meet accepted safety standards. The
35	following substances are controlled in Schedule I:
36	(c)  Unless specifically excepted or unless listed in
37	another schedule, any material, compound, mixture, or
38	preparation which contains any quantity of the following
39	hallucinogenic substances or which contains any of their salts,
40	isomers, and salts of isomers, whenever the existence of such
41	salts, isomers, and salts of isomers is possible within the
42	specific chemical designation:
43	1.  Alpha-ethyltryptamine.
44	2.  2-Amino-4-methyl-5-phenyl-2-oxazoline (4-
45	methylaminorex).
46	3.  2-Amino-5-phenyl-2-oxazoline (Aminorex).
47	4.  4-Bromo-2,5-dimethoxyamphetamine.
48	5.  4-Bromo-2, 5-dimethoxyphenethylamine.
49	6.  Bufotenine.
50	7.  Cannabis.
51	8.  Cathinone.
52	9.  Diethyltryptamine.
53	10.  2,5-Dimethoxyamphetamine.
54	11.  2,5-Dimethoxy-4-ethylamphetamine (DOET).
55	12.  Dimethyltryptamine.
56	13.  N-Ethyl-1-phenylcyclohexylamine (PCE) (Ethylamine
57	analog of phencyclidine).
58	14.  N-Ethyl-3-piperidyl benzilate.
59	15.  N-ethylamphetamine.
60	16.  Fenethylline.
61	17.  N-Hydroxy-3,4-methylenedioxyamphetamine.
62	18.  Ibogaine.
63	19.  Lysergic acid diethylamide (LSD).
64	20.  Mescaline.
65	21.  Methcathinone.
66	22.  5-Methoxy-3,4-methylenedioxyamphetamine.
67	23.  4-methoxyamphetamine.
68	24.  4-methoxymethamphetamine.
69	25.  4-Methyl-2,5-dimethoxyamphetamine.
70	26.  3,4-Methylenedioxy-N-ethylamphetamine.
71	27.  3,4-Methylenedioxyamphetamine.
72	28.  N-Methyl-3-piperidyl benzilate.
73	29.  N,N-dimethylamphetamine.
74	30.  Parahexyl.
75	31.  Peyote.
76	32.  N-(1-Phenylcyclohexyl)-pyrrolidine (PCPY) (Pyrrolidine
77	analog of phencyclidine).
78	33.  Psilocybin.
79	34.  Psilocyn.
80	35.  Salvia divinorum, except for any drug product approved
81	by the United States Food and Drug Administration which contains
82	Salvia divinorum or its isomers, esters, ethers, salts, and
83	salts of isomers, esters, and ethers, whenever the existence of
84	such isomers, esters, ethers, and salts is possible within the
85	specific chemical designation.
86	36.  Salvinorin A, except for any drug product approved by
87	the United States Food and Drug Administration which contains
88	Salvinorin A or its isomers, esters, ethers, salts, and salts of
89	isomers, esters, and ethers, whenever the existence of such
90	isomers, esters, ethers, and salts is possible within the
91	specific chemical designation.
92	37.35.  Tetrahydrocannabinols.
93	38.36.  1-[1-(2-Thienyl)-cyclohexyl]-piperidine (TCP)
94	(Thiophene analog of phencyclidine).
95	39.37.  3,4,5-Trimethoxyamphetamine.
96	Section 2.  For the purpose of incorporating the amendment
97	made by this act to section 893.03, Florida Statutes, in
98	references thereto, paragraphs (a), (c), (d), (e), (f), and (h)
99	of subsection (1), paragraph (a) of subsection (2), paragraph
100	(b) of subsection (4), and paragraph (b) of subsection (5) of
101	section 893.13, Florida Statutes, are reenacted to read:
102	893.13  Prohibited acts; penalties.--
103	(1)(a)  Except as authorized by this chapter and chapter
104	499, it is unlawful for any person to sell, manufacture, or
105	deliver, or possess with intent to sell, manufacture, or
106	deliver, a controlled substance. Any person who violates this
107	provision with respect to:
108	1.  A controlled substance named or described in s.
109	893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
110	commits a felony of the second degree, punishable as provided in
111	s. 775.082, s. 775.083, or s. 775.084.
112	2.  A controlled substance named or described in s.
113	893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
114	(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
115	the third degree, punishable as provided in s. 775.082, s.
116	775.083, or s. 775.084.
117	3.  A controlled substance named or described in s.
118	893.03(5) commits a misdemeanor of the first degree, punishable
119	as provided in s. 775.082 or s. 775.083.
120	(c)  Except as authorized by this chapter, it is unlawful
121	for any person to sell, manufacture, or deliver, or possess with
122	intent to sell, manufacture, or deliver, a controlled substance
123	in, on, or within 1,000 feet of the real property comprising a
124	child care facility as defined in s. 402.302 or a public or
125	private elementary, middle, or secondary school between the
126	hours of 6 a.m. and 12 midnight, or at any time in, on, or
127	within 1,000 feet of real property comprising a state, county,
128	or municipal park, a community center, or a publicly owned
129	recreational facility. For the purposes of this paragraph, the
130	term "community center" means a facility operated by a nonprofit
131	community-based organization for the provision of recreational,
132	social, or educational services to the public. Any person who
133	violates this paragraph with respect to:
134	1.  A controlled substance named or described in s.
135	893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
136	commits a felony of the first degree, punishable as provided in
137	s. 775.082, s. 775.083, or s. 775.084. The defendant must be
138	sentenced to a minimum term of imprisonment of 3 calendar years
139	unless the offense was committed within 1,000 feet of the real
140	property comprising a child care facility as defined in s.
141	402.302.
142	2.  A controlled substance named or described in s.
143	893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
144	(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
145	the second degree, punishable as provided in s. 775.082, s.
146	775.083, or s. 775.084.
147	3.  Any other controlled substance, except as lawfully
148	sold, manufactured, or delivered, must be sentenced to pay a
149	$500 fine and to serve 100 hours of public service in addition
150	to any other penalty prescribed by law.
151
152	This paragraph does not apply to a child care facility unless
153	the owner or operator of the facility posts a sign that is not
154	less than 2 square feet in size with a word legend identifying
155	the facility as a licensed child care facility and that is
156	posted on the property of the child care facility in a
157	conspicuous place where the sign is reasonably visible to the
158	public.
159	(d)  Except as authorized by this chapter, it is unlawful
160	for any person to sell, manufacture, or deliver, or possess with
161	intent to sell, manufacture, or deliver, a controlled substance
162	in, on, or within 1,000 feet of the real property comprising a
163	public or private college, university, or other postsecondary
164	educational institution. Any person who violates this paragraph
165	with respect to:
166	1.  A controlled substance named or described in s.
167	893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
168	commits a felony of the first degree, punishable as provided in
169	s. 775.082, s. 775.083, or s. 775.084.
170	2.  A controlled substance named or described in s.
171	893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
172	(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
173	the second degree, punishable as provided in s. 775.082, s.
174	775.083, or s. 775.084.
175	3.  Any other controlled substance, except as lawfully
176	sold, manufactured, or delivered, must be sentenced to pay a
177	$500 fine and to serve 100 hours of public service in addition
178	to any other penalty prescribed by law.
179	(e)  Except as authorized by this chapter, it is unlawful
180	for any person to sell, manufacture, or deliver, or possess with
181	intent to sell, manufacture, or deliver, a controlled substance
182	not authorized by law in, on, or within 1,000 feet of a physical
183	place for worship at which a church or religious organization
184	regularly conducts religious services or within 1,000 feet of a
185	convenience business as defined in s. 812.171. Any person who
186	violates this paragraph with respect to:
187	1.  A controlled substance named or described in s.
188	893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
189	commits a felony of the first degree, punishable as provided in
190	s. 775.082, s. 775.083, or s. 775.084.
191	2.  A controlled substance named or described in s.
192	893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
193	(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
194	the second degree, punishable as provided in s. 775.082, s.
195	775.083, or s. 775.084.
196	3.  Any other controlled substance, except as lawfully
197	sold, manufactured, or delivered, must be sentenced to pay a
198	$500 fine and to serve 100 hours of public service in addition
199	to any other penalty prescribed by law.
200	(f)  Except as authorized by this chapter, it is unlawful
201	for any person to sell, manufacture, or deliver, or possess with
202	intent to sell, manufacture, or deliver, a controlled substance
203	in, on, or within 1,000 feet of the real property comprising a
204	public housing facility at any time. For purposes of this
205	section, the term "real property comprising a public housing
206	facility" means real property, as defined in s. 421.03(12), of a
207	public corporation created as a housing authority pursuant to
208	part I of chapter 421. Any person who violates this paragraph
209	with respect to:
210	1.  A controlled substance named or described in s.
211	893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
212	commits a felony of the first degree, punishable as provided in
213	s. 775.082, s. 775.083, or s. 775.084.
214	2.  A controlled substance named or described in s.
215	893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
216	(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
217	the second degree, punishable as provided in s. 775.082, s.
218	775.083, or s. 775.084.
219	3.  Any other controlled substance, except as lawfully
220	sold, manufactured, or delivered, must be sentenced to pay a
221	$500 fine and to serve 100 hours of public service in addition
222	to any other penalty prescribed by law.
223	(h)  Except as authorized by this chapter, it is unlawful
224	for any person to sell, manufacture, or deliver, or possess with
225	intent to sell, manufacture, or deliver, a controlled substance
226	in, on, or within 1,000 feet of the real property comprising an
227	assisted living facility, as that term is used in chapter 429.
228	Any person who violates this paragraph with respect to:
229	1.  A controlled substance named or described in s.
230	893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
231	commits a felony of the first degree, punishable as provided in
232	s. 775.082, s. 775.083, or s. 775.084.
233	2.  A controlled substance named or described in s.
234	893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
235	(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
236	the second degree, punishable as provided in s. 775.082, s.
237	775.083, or s. 775.084.
238	(2)(a)  Except as authorized by this chapter and chapter
239	499, it is unlawful for any person to purchase, or possess with
240	intent to purchase, a controlled substance. Any person who
241	violates this provision with respect to:
242	1.  A controlled substance named or described in s.
243	893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
244	commits a felony of the second degree, punishable as provided in
245	s. 775.082, s. 775.083, or s. 775.084.
246	2.  A controlled substance named or described in s.
247	893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
248	(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
249	the third degree, punishable as provided in s. 775.082, s.
250	775.083, or s. 775.084.
251	3.  A controlled substance named or described in s.
252	893.03(5) commits a misdemeanor of the first degree, punishable
253	as provided in s. 775.082 or s. 775.083.
254	(4)  Except as authorized by this chapter, it is unlawful
255	for any person 18 years of age or older to deliver any
256	controlled substance to a person under the age of 18 years, or
257	to use or hire a person under the age of 18 years as an agent or
258	employee in the sale or delivery of such a substance, or to use
259	such person to assist in avoiding detection or apprehension for
260	a violation of this chapter. Any person who violates this
261	provision with respect to:
262	(b)  A controlled substance named or described in s.
263	893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
264	(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
265	the second degree, punishable as provided in s. 775.082, s.
266	775.083, or s. 775.084.
267
268	Imposition of sentence may not be suspended or deferred, nor
269	shall the person so convicted be placed on probation.
270	(5)  It is unlawful for any person to bring into this state
271	any controlled substance unless the possession of such
272	controlled substance is authorized by this chapter or unless
273	such person is licensed to do so by the appropriate federal
274	agency. Any person who violates this provision with respect to:
275	(b)  A controlled substance named or described in s.
276	893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
277	(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
278	the third degree, punishable as provided in s. 775.082, s.
279	775.083, or s. 775.084.
280	Section 3.  For the purpose of incorporating the amendment
281	made by this act to section 893.03, Florida Statutes, in a
282	reference thereto, paragraphs (b), (c), and (e) of subsection
283	(3) of section 921.0022, Florida Statutes, are reenacted to
284	read:
285	921.0022  Criminal Punishment Code; offense severity
286	ranking chart.--
287	(3)  OFFENSE SEVERITY RANKING CHART
288	(b)  LEVEL 2
289
	FloridaStatute FelonyDegree Description
290
	370.12(1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
291
	370.12(1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
292
	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.
293
	517.07 3rd Registration of securities and furnishing of prospectus required.
294
	590.28(1) 3rd Willful, malicious, or intentional burning.
295
	784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
296
	787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
297
	806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
298
	810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
299
	810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
300
	812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or more but less than $5,000.
301
	812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.
302
	812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
303
	817.234(1)(a)2. 3rd False statement in support of insurance claim.
304
	817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
305
	817.52(3) 3rd Failure to redeliver hired vehicle.
306
	817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
307
	817.60(5) 3rd Dealing in credit cards of another.
308
	817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
309
	817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
310
	826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
311
	831.01 3rd Forgery.
312
	831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
313
	831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
314
	831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
315
	831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
316
	831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
317
	832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
318
	843.08 3rd Falsely impersonating an officer.
319
	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.
320
	893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
321
322	(c)  LEVEL 3
323
	FloridaStatute FelonyDegree Description
324
	119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
325
	316.066(6)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
326
	316.193(2)(b) 3rd Felony DUI, 3rd conviction.
327
	316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
328
	319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
329
	319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
330
	319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
331
	319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
332
	327.35(2)(b) 3rd Felony BUI.
333
	328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
334
	328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
335
	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.
336
	370.12(1)(e)6. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
337
	376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
338
	400.903(3) 3rd Operating a clinic without a license or filing false license application or other required information.
339
	440.1051(3) 3rd False report of workers' compensation fraud or retaliation for making such a report.
340
	501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
341
	624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
342
	624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
343
	626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
344
	697.08 3rd Equity skimming.
345
	790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
346
	796.05(1) 3rd Live on earnings of a prostitute.
347
	806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
348
	806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
349
	810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
350
	812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
351
	812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
352
	815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
353
	817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
354
	817.233 3rd Burning to defraud insurer.
355
	817.234(8)(b)-(c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
356
	817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
357
	817.236 3rd Filing a false motor vehicle insurance application.
358
	817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
359
	817.413(2) 3rd Sale of used goods as new.
360
	817.505(4) 3rd Patient brokering.
361
	828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
362
	831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
363
	831.29 2nd Possession of instruments for counterfeiting drivers' licenses or identification cards.
364
	838.021(3)(b) 3rd Threatens unlawful harm to public servant.
365
	843.19 3rd Injure, disable, or kill police dog or horse.
366
	860.15(3) 3rd Overcharging for repairs and parts.
367
	870.01(2) 3rd Riot; inciting or encouraging.
368
	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).
369
	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.
370
	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.
371
	893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
372
	893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
373
	893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
374
	893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
375
	893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
376
	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.
377
	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.
378
	893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
379
	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.
380
	918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
381
	944.47(1)(a)1.-2. 3rd Introduce contraband to correctional facility.
382
	944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
383
	985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
384
385	(e)  LEVEL 5
386
	FloridaStatute FelonyDegree Description
387
	316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
388
	316.1935(4)(a) 2nd Aggravated fleeing or eluding.
389
	322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
390
	327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
391
	381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
392
	440.10(1)(g) 2nd Failure to obtain workers' compensation coverage.
393
	440.105(5) 2nd Unlawful solicitation for the purpose of making workers' compensation claims.
394
	440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers' compensation premiums.
395
	624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
396
	626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
397
	790.01(2) 3rd Carrying a concealed firearm.
398
	790.162 2nd Threat to throw or discharge destructive device.
399
	790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
400
	790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
401
	790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
402
	800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
403
	800.04(7)(c) 2nd Lewd or lascivious exhibition; offender 18 years or older.
404
	806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
405
	812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
406
	812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
407
	812.019(1) 2nd Stolen property; dealing in or trafficking in.
408
	812.131(2)(b) 3rd Robbery by sudden snatching.
409
	812.16(2) 3rd Owning, operating, or conducting a chop shop.
410
	817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
411
	817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
412
	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.
413
	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.
414
	817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
415
	825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
416
	827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
417
	827.071(5) 3rd Possess any photographic material, motion picture, etc., which includes sexual conduct by a child.
418
	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.
419
	843.01 3rd Resist officer with violence to person; resist arrest with violence.
420
	847.0137(2)&(3) 3rd Transmission of pornography by electronic device or equipment.
421
	847.0138(2)&(3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
422
	874.05(2) 2nd Encouraging or recruiting another to join a criminal street gang; second or subsequent offense.
423
	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).
424
	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.
425
	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.
426
	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.
427
	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.
428
	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).
429
430	Section 4.  This act shall take effect July 1, 2008.

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