Florida Senate - 2008 SB 1612

By the Committee on Criminal Justice

591-04022-08 20081612__

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A bill to be entitled

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An act relating to controlled substances; amending s.

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893.03, F.S.; including Salvia divinorum and Salvinorin A

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on the list of controlled substances in Schedule I;

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providing exceptions from the scheduling of Salvia

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divinorum and Salvinorin A; reenacting ss. 893.13(1)(a),

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(c), (d), (e), (f), and (h), (2)(a), (4)(b), and (5)(b),

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and 921.0022(3)(b), (c), and (e), F.S., relating to

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prohibited acts and penalties concerning controlled

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substances and the offense severity chart of the Criminal

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Punishment Code, to incorporate the amendment to s.

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893.03, F.S., in references thereto; providing an

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effective date.

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

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     Section 1.  Paragraph (c) of subsection (1) of section

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893.03, Florida Statutes, is amended to read:

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     893.03  Standards and schedules.--The substances enumerated

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in this section are controlled by this chapter.  The controlled

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substances listed or to be listed in Schedules I, II, III, IV,

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and V are included by whatever official, common, usual, chemical,

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or trade name designated.  The provisions of this section shall

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not be construed to include within any of the schedules contained

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in this section any excluded drugs listed within the purview of

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21 C.F.R. s. 1308.22, styled "Excluded Substances"; 21 C.F.R. s.

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1308.24, styled "Exempt Chemical Preparations"; 21 C.F.R. s.

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1308.32, styled "Exempted Prescription Products"; or 21 C.F.R. s.

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1308.34, styled "Exempt Anabolic Steroid Products."

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     (1)  SCHEDULE I.--A substance in Schedule I has a high

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potential for abuse and has no currently accepted medical use in

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treatment in the United States and in its use under medical

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supervision does not meet accepted safety standards.  The

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following substances are controlled in Schedule I:

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     (c)  Unless specifically excepted or unless listed in

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another schedule, any material, compound, mixture, or preparation

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which contains any quantity of the following hallucinogenic

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substances or which contains any of their salts, isomers, and

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salts of isomers, whenever the existence of such salts, isomers,

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and salts of isomers is possible within the specific chemical

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designation:

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     1.  Alpha-ethyltryptamine.

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     2.  2-Amino-4-methyl-5-phenyl-2-oxazoline (4-

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methylaminorex).

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     3.  2-Amino-5-phenyl-2-oxazoline (Aminorex).

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     4.  4-Bromo-2,5-dimethoxyamphetamine.

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     5.  4-Bromo-2, 5-dimethoxyphenethylamine.

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     6.  Bufotenine.

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     7.  Cannabis.

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     8.  Cathinone.

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     9.  Diethyltryptamine.

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     10.  2,5-Dimethoxyamphetamine.

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     11.  2,5-Dimethoxy-4-ethylamphetamine (DOET).

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     12.  Dimethyltryptamine.

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     13.  N-Ethyl-1-phenylcyclohexylamine (PCE) (Ethylamine

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analog of phencyclidine).

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     14.  N-Ethyl-3-piperidyl benzilate.

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     15.  N-ethylamphetamine.

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     16.  Fenethylline.

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     17.  N-Hydroxy-3,4-methylenedioxyamphetamine.

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     18.  Ibogaine.

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     19.  Lysergic acid diethylamide (LSD).

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     20.  Mescaline.

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     21.  Methcathinone.

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     22.  5-Methoxy-3,4-methylenedioxyamphetamine.

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     23.  4-methoxyamphetamine.

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     24.  4-methoxymethamphetamine.

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     25.  4-Methyl-2,5-dimethoxyamphetamine.

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     26.  3,4-Methylenedioxy-N-ethylamphetamine.

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     27.  3,4-Methylenedioxyamphetamine.

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     28.  N-Methyl-3-piperidyl benzilate.

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     29.  N,N-dimethylamphetamine.

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     30.  Parahexyl.

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     31.  Peyote.

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     32.  N-(1-Phenylcyclohexyl)-pyrrolidine (PCPY) (Pyrrolidine

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analog of phencyclidine).

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     33.  Psilocybin.

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     34.  Psilocyn.

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     35. Salvia divinorum, except for any drug product approved

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by the United States Food and Drug Administration which contains

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Salvia divinorum or its isomers, esters, ethers, salts, and salts

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of isomers, esters, and ethers, whenever the existence of such

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isomers, esters, ethers, and salts is possible within the

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specific chemical designation.

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     36. Salvinorin A, except for any drug product approved by

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the United States Food and Drug Administration which contains

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Salvinorin A or its isomers, esters, ethers, salts, and salts of

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isomers, esters, and ethers, whenever the existence of such

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isomers, esters, ethers, and salts is possible within the

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specific chemical designation.

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     37.35. Tetrahydrocannabinols.

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     38.36. 1-[1-(2-Thienyl)-cyclohexyl]-piperidine (TCP)

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(Thiophene analog of phencyclidine).

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     39.37. 3,4,5-Trimethoxyamphetamine.

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     Section 2.  For the purpose of incorporating the amendment

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made by this act to section 893.03, Florida Statutes, in

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references thereto, paragraphs (a), (c), (d), (e), (f), and (h)

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of subsection (1), paragraph (a) of subsection (2), paragraph (b)

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of subsection (4), and paragraph (b) of subsection (5) of section

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893.13, Florida Statutes, are reenacted to read:

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     893.13  Prohibited acts; penalties.--

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     (1)(a)  Except as authorized by this chapter and chapter

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499, it is unlawful for any person to sell, manufacture, or

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deliver, or possess with intent to sell, manufacture, or deliver,

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a controlled substance.  Any person who violates this provision

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with respect to:

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     1.  A controlled substance named or described in s.

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893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,

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commits a felony of the second degree, punishable as provided in

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s. 775.082, s. 775.083, or s. 775.084.

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     2.  A controlled substance named or described in s.

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893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,

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(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of the

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third degree, punishable as provided in s. 775.082, s. 775.083,

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or s. 775.084.

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     3.  A controlled substance named or described in s.

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893.03(5) commits a misdemeanor of the first degree, punishable

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as provided in s. 775.082 or s. 775.083.

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     (c)  Except as authorized by this chapter, it is unlawful

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for any person to sell, manufacture, or deliver, or possess with

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intent to sell, manufacture, or deliver, a controlled substance

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in, on, or within 1,000 feet of the real property comprising a

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child care facility as defined in s. 402.302 or a public or

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private elementary, middle, or secondary school between the hours

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of 6 a.m. and 12 midnight, or at any time in, on, or within 1,000

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feet of real property comprising a state, county, or municipal

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park, a community center, or a publicly owned recreational

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facility. For the purposes of this paragraph, the term "community

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center" means a facility operated by a nonprofit community-based

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organization for the provision of recreational, social, or

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educational services to the public. Any person who violates this

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paragraph with respect to:

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     1.  A controlled substance named or described in s.

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893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,

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commits a felony of the first degree, punishable as provided in

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s. 775.082, s. 775.083, or s. 775.084. The defendant must be

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sentenced to a minimum term of imprisonment of 3 calendar years

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unless the offense was committed within 1,000 feet of the real

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property comprising a child care facility as defined in s.

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402.302.

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     2.  A controlled substance named or described in s.

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893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,

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(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of the

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second degree, punishable as provided in s. 775.082, s. 775.083,

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or s. 775.084.

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     3.  Any other controlled substance, except as lawfully sold,

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manufactured, or delivered, must be sentenced to pay a $500 fine

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and to serve 100 hours of public service in addition to any other

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penalty prescribed by law.

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This paragraph does not apply to a child care facility unless the

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owner or operator of the facility posts a sign that is not less

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than 2 square feet in size with a word legend identifying the

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facility as a licensed child care facility and that is posted on

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the property of the child care facility in a conspicuous place

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where the sign is reasonably visible to the public.

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     (d)  Except as authorized by this chapter, it is unlawful

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for any person to sell, manufacture, or deliver, or possess with

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intent to sell, manufacture, or deliver, a controlled substance

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in, on, or within 1,000 feet of the real property comprising a

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public or private college, university, or other postsecondary

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educational institution. Any person who violates this paragraph

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with respect to:

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     1.  A controlled substance named or described in s.

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893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,

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commits a felony of the first degree, punishable as provided in

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s. 775.082, s. 775.083, or s. 775.084.

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     2.  A controlled substance named or described in s.

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893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,

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(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of the

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second degree, punishable as provided in s. 775.082, s. 775.083,

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or s. 775.084.

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     3.  Any other controlled substance, except as lawfully sold,

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manufactured, or delivered, must be sentenced to pay a $500 fine

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and to serve 100 hours of public service in addition to any other

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penalty prescribed by law.

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     (e)  Except as authorized by this chapter, it is unlawful

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for any person to sell, manufacture, or deliver, or possess with

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intent to sell, manufacture, or deliver, a controlled substance

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not authorized by law in, on, or within 1,000 feet of a physical

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place for worship at which a church or religious organization

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regularly conducts religious services or within 1,000 feet of a

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convenience business as defined in s. 812.171. Any person who

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violates this paragraph with respect to:

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     1.  A controlled substance named or described in s.

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893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,

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commits a felony of the first degree, punishable as provided in

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s. 775.082, s. 775.083, or s. 775.084.

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     2.  A controlled substance named or described in s.

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893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,

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(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of the

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second degree, punishable as provided in s. 775.082, s. 775.083,

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or s. 775.084.

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     3.  Any other controlled substance, except as lawfully sold,

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manufactured, or delivered, must be sentenced to pay a $500 fine

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and to serve 100 hours of public service in addition to any other

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penalty prescribed by law.

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     (f)  Except as authorized by this chapter, it is unlawful

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for any person to sell, manufacture, or deliver, or possess with

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intent to sell, manufacture, or deliver, a controlled substance

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in, on, or within 1,000 feet of the real property comprising a

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public housing facility at any time. For purposes of this

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section, the term "real property comprising a public housing

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facility" means real property, as defined in s. 421.03(12), of a

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public corporation created as a housing authority pursuant to

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part I of chapter 421. Any person who violates this paragraph

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with respect to:

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     1.  A controlled substance named or described in s.

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893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,

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commits a felony of the first degree, punishable as provided in

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s. 775.082, s. 775.083, or s. 775.084.

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     2.  A controlled substance named or described in s.

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893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,

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(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of the

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second degree, punishable as provided in s. 775.082, s. 775.083,

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or s. 775.084.

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     3.  Any other controlled substance, except as lawfully sold,

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manufactured, or delivered, must be sentenced to pay a $500 fine

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and to serve 100 hours of public service in addition to any other

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penalty prescribed by law.

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     (h)  Except as authorized by this chapter, it is unlawful

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for any person to sell, manufacture, or deliver, or possess with

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intent to sell, manufacture, or deliver, a controlled substance

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in, on, or within 1,000 feet of the real property comprising an

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assisted living facility, as that term is used in chapter 429.

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Any person who violates this paragraph with respect to:

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     1.  A controlled substance named or described in s.

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893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. commits

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a felony of the first degree, punishable as provided in s.

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775.082, s. 775.083, or s. 775.084.

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     2.  A controlled substance named or described in s.

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893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,

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(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of the

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second degree, punishable as provided in s. 775.082, s. 775.083,

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or s. 775.084.

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     (2)(a)  Except as authorized by this chapter and chapter

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499, it is unlawful for any person to purchase, or possess with

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intent to purchase, a controlled substance. Any person who

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violates this provision with respect to:

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     1.  A controlled substance named or described in s.

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893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,

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commits a felony of the second degree, punishable as provided in

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s. 775.082, s. 775.083, or s. 775.084.

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     2.  A controlled substance named or described in s.

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893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,

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(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of the

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third degree, punishable as provided in s. 775.082, s. 775.083,

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or s. 775.084.

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     3.  A controlled substance named or described in s.

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893.03(5) commits a misdemeanor of the first degree, punishable

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as provided in s. 775.082 or s. 775.083.

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     (4)  Except as authorized by this chapter, it is unlawful

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for any person 18 years of age or older to deliver any controlled

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substance to a person under the age of 18 years, or to use or

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hire a person under the age of 18 years as an agent or employee

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in the sale or delivery of such a substance, or to use such

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person to assist in avoiding detection or apprehension for a

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violation of this chapter. Any person who violates this provision

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with respect to:

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     (b)  A controlled substance named or described in s.

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893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,

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(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of the

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second degree, punishable as provided in s. 775.082, s. 775.083,

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or s. 775.084.

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Imposition of sentence may not be suspended or deferred, nor

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shall the person so convicted be placed on probation.

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     (5)  It is unlawful for any person to bring into this state

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any controlled substance unless the possession of such controlled

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substance is authorized by this chapter or unless such person is

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licensed to do so by the appropriate federal agency.  Any person

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who violates this provision with respect to:

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     (b)  A controlled substance named or described in s.

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893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,

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(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of the

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third degree, punishable as provided in s. 775.082, s. 775.083,

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or s. 775.084.

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     Section 3.  For the purpose of incorporating the amendment

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made by this act to section 893.03, Florida Statutes, in

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references thereto, paragraphs (b), (c), and (e) of subsection

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(3) of section 921.0022, Florida Statutes, are reenacted to read:

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     921.0022  Criminal Punishment Code; offense severity ranking

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chart.--

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     (3)  OFFENSE SEVERITY RANKING CHART

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     (b)  LEVEL 2

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FloridaStatuteFelonyDegreeDescription

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370.12(1)(e)3.3rdPossession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.

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370.12(1)(e)4.3rdPossession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.

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403.413(5)(c)3rdDumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste.

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517.073rdRegistration of securities and furnishing of prospectus required.

291

590.28(1)3rdWillful, malicious, or intentional burning.

292

784.05(3)3rdStoring or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.

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787.04(1)3rdIn violation of court order, take, entice, etc., minor beyond state limits.

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806.13(1)(b)3.3rdCriminal mischief; damage $1,000 or more to public communication or any other public service.

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810.061(2)3rdImpairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.

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810.09(2)(e)3rdTrespassing on posted commercial horticulture property.

297

812.014(2)(c)1.3rdGrand theft, 3rd degree; $300 or more but less than $5,000.

298

812.014(2)(d)3rdGrand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.

299

812.015(7)3rdPossession, use, or attempted use of an antishoplifting or inventory control device countermeasure.

300

817.234(1)(a)2.3rdFalse statement in support of insurance claim.

301

817.481(3)(a)3rdObtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.

302

817.52(3)3rdFailure to redeliver hired vehicle.

303

817.543rdWith intent to defraud, obtain mortgage note, etc., by false representation.

304

817.60(5)3rdDealing in credit cards of another.

305

817.60(6)(a)3rdForgery; purchase goods, services with false card.

306

817.613rdFraudulent use of credit cards over $100 or more within 6 months.

307

826.043rdKnowingly marries or has sexual intercourse with person to whom related.

308

831.013rdForgery.

309

831.023rdUttering forged instrument; utters or publishes alteration with intent to defraud.

310

831.073rdForging bank bills, checks, drafts, or promissory notes.

311

831.083rdPossessing 10 or more forged notes, bills, checks, or drafts.

312

831.093rdUttering forged notes, bills, checks, drafts, or promissory notes.

313

831.113rdBringing into the state forged bank bills, checks, drafts, or notes.

314

832.05(3)(a)3rdCashing or depositing item with intent to defraud.

315

843.083rdFalsely impersonating an officer.

316

893.13(2)(a)2.3rdPurchase 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.

317

893.147(2)3rdManufacture or delivery of drug paraphernalia.

318

319

     (c)  LEVEL 3

320

FloridaStatuteFelonyDegreeDescription

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119.10(2)(b)3rdUnlawful use of confidential information from police reports.

322

316.066(6)(b)-(d)3rdUnlawfully obtaining or using confidential crash reports.

323

316.193(2)(b)3rdFelony DUI, 3rd conviction.

324

316.1935(2)3rdFleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.

325

319.30(4)3rdPossession by junkyard of motor vehicle with identification number plate removed.

326

319.33(1)(a)3rdAlter or forge any certificate of title to a motor vehicle or mobile home.

327

319.33(1)(c)3rdProcure or pass title on stolen vehicle.

328

319.33(4)3rdWith intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.

329

327.35(2)(b)3rdFelony BUI.

330

328.05(2)3rdPossess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.

331

328.07(4)3rdManufacture, exchange, or possess vessel with counterfeit or wrong ID number.

332

370.12(1)(e)5.3rdTaking, 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.

333

370.12(1)(e)6.3rdSoliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.

334

376.302(5)3rdFraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.

335

400.903(3)3rdOperating a clinic without a license or filing false license application or other required information.

336

440.1051(3)3rdFalse report of workers' compensation fraud or retaliation for making such a report.

337

501.001(2)(b)2ndTampers with a consumer product or the container using materially false/misleading information.

338

624.401(4)(a)3rdTransacting insurance without a certificate of authority.

339

624.401(4)(b)1.3rdTransacting insurance without a certificate of authority; premium collected less than $20,000.

340

626.902(1)(a) & (b)3rdRepresenting an unauthorized insurer.

341

697.083rdEquity skimming.

342

790.15(3)3rdPerson directs another to discharge firearm from a vehicle.

343

796.05(1)3rdLive on earnings of a prostitute.

344

806.10(1)3rdMaliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.

345

806.10(2)3rdInterferes with or assaults firefighter in performance of duty.

346

810.09(2)(c)3rdTrespass on property other than structure or conveyance armed with firearm or dangerous weapon.

347

812.014(2)(c)2.3rdGrand theft; $5,000 or more but less than $10,000.

348

812.0145(2)(c)3rdTheft from person 65 years of age or older; $300 or more but less than $10,000.

349

815.04(4)(b)2ndComputer offense devised to defraud or obtain property.

350

817.034(4)(a)3.3rdEngages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.

351

817.2333rdBurning to defraud insurer.

352

817.234(8)(b)-(c)3rdUnlawful solicitation of persons involved in motor vehicle accidents.

353

817.234(11)(a)3rdInsurance fraud; property value less than $20,000.

354

817.2363rdFiling a false motor vehicle insurance application.

355

817.23613rdCreating, marketing, or presenting a false or fraudulent motor vehicle insurance card.

356

817.413(2)3rdSale of used goods as new.

357

817.505(4)3rdPatient brokering.

358

828.12(2)3rdTortures any animal with intent to inflict intense pain, serious physical injury, or death.

359

831.28(2)(a)3rdCounterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.

360

831.292ndPossession of instruments for counterfeiting drivers' licenses or identification cards.

361

838.021(3)(b)3rdThreatens unlawful harm to public servant.

362

843.193rdInjure, disable, or kill police dog or horse.

363

860.15(3)3rdOvercharging for repairs and parts.

364

870.01(2)3rdRiot; inciting or encouraging.

365

893.13(1)(a)2.3rdSell, 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).

366

893.13(1)(d)2.2ndSell, 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.

367

893.13(1)(f)2.2ndSell, 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.

368

893.13(6)(a)3rdPossession of any controlled substance other than felony possession of cannabis.

369

893.13(7)(a)8.3rdWithhold information from practitioner regarding previous receipt of or prescription for a controlled substance.

370

893.13(7)(a)9.3rdObtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.

371

893.13(7)(a)10.3rdAffix false or forged label to package of controlled substance.

372

893.13(7)(a)11.3rdFurnish false or fraudulent material information on any document or record required by chapter 893.

373

893.13(8)(a)1.3rdKnowingly 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.

374

893.13(8)(a)2.3rdEmploy 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.

375

893.13(8)(a)3.3rdKnowingly write a prescription for a controlled substance for a fictitious person.

376

893.13(8)(a)4.3rdWrite 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.

377

918.13(1)(a)3rdAlter, destroy, or conceal investigation evidence.

378

944.47(1)(a)1.-2.3rdIntroduce contraband to correctional facility.

379

944.47(1)(c)2ndPossess contraband while upon the grounds of a correctional institution.

380

985.7213rdEscapes from a juvenile facility (secure detention or residential commitment facility).

381

382

     (e)  LEVEL 5

383

FloridaStatuteFelonyDegreeDescription

384

316.027(1)(a)3rdAccidents involving personal injuries, failure to stop; leaving scene.

385

316.1935(4)(a)2ndAggravated fleeing or eluding.

386

322.34(6)3rdCareless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.

387

327.30(5)3rdVessel accidents involving personal injury; leaving scene.

388

381.0041(11)(b)3rdDonate blood, plasma, or organs knowing HIV positive.

389

440.10(1)(g)2ndFailure to obtain workers' compensation coverage.

390

440.105(5)2ndUnlawful solicitation for the purpose of making workers' compensation claims.

391

440.381(2)2ndSubmission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers' compensation premiums.

392

624.401(4)(b)2.2ndTransacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.

393

626.902(1)(c)2ndRepresenting an unauthorized insurer; repeat offender.

394

790.01(2)3rdCarrying a concealed firearm.

395

790.1622ndThreat to throw or discharge destructive device.

396

790.163(1)2ndFalse report of deadly explosive or weapon of mass destruction.

397

790.221(1)2ndPossession of short-barreled shotgun or machine gun.

398

790.232ndFelons in possession of firearms, ammunition, or electronic weapons or devices.

399

800.04(6)(c)3rdLewd or lascivious conduct; offender less than 18 years.

400

800.04(7)(c)2ndLewd or lascivious exhibition; offender 18 years or older.

401

806.111(1)3rdPossess, manufacture, or dispense fire bomb with intent to damage any structure or property.

402

812.0145(2)(b)2ndTheft from person 65 years of age or older; $10,000 or more but less than $50,000.

403

812.015(8)3rdRetail theft; property stolen is valued at $300 or more and one or more specified acts.

404

812.019(1)2ndStolen property; dealing in or trafficking in.

405

812.131(2)(b)3rdRobbery by sudden snatching.

406

812.16(2)3rdOwning, operating, or conducting a chop shop.

407

817.034(4)(a)2.2ndCommunications fraud, value $20,000 to $50,000.

408

817.234(11)(b)2ndInsurance fraud; property value $20,000 or more but less than $100,000.

409

817.2341(1),(2)(a)&(3)(a)3rdFiling false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.

410

817.568(2)(b)2ndFraudulent 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.

411

817.625(2)(b)2ndSecond or subsequent fraudulent use of scanning device or reencoder.

412

825.1025(4)3rdLewd or lascivious exhibition in the presence of an elderly person or disabled adult.

413

827.071(4)2ndPossess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.

414

827.071(5)3rdPossess any photographic material, motion picture, etc., which includes sexual conduct by a child.

415

839.13(2)(b)2ndFalsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.

416

843.013rdResist officer with violence to person; resist arrest with violence.

417

847.0137(2)&(3)3rdTransmission of pornography by electronic device or equipment.

418

847.0138(2)&(3)3rdTransmission of material harmful to minors to a minor by electronic device or equipment.

419

874.05(2)2ndEncouraging or recruiting another to join a criminal street gang; second or subsequent offense.

420

893.13(1)(a)1.2ndSell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).

421

893.13(1)(c)2.2ndSell, 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.

422

893.13(1)(d)1.1stSell, 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.

423

893.13(1)(e)2.2ndSell, 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.

424

893.13(1)(f)1.1stSell, 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.

425

893.13(4)(b)2ndDeliver 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).

426

427

     Section 4.  This act shall take effect July 1, 2008.

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