1 | A bill to be entitled |
2 | An act relating to controlled substances; amending s. |
3 | 893.02, F.S.; defining the term "cultivating" for |
4 | specified purposes; amending s. 893.1351, F.S.; |
5 | prohibiting a person from owning or actually or |
6 | constructively possessing a place, structure, trailer, or |
7 | other described place with knowledge that the place will |
8 | be used to manufacture, sell, or traffic in a controlled |
9 | substance; providing that possession of a specified number |
10 | or more of cannabis plants constitutes prima facie |
11 | evidence of intent to sell or distribute; providing that a |
12 | person with actual or constructive possession of a place, |
13 | structure, trailer, or conveyance being used to |
14 | manufacture a controlled substance for sale and |
15 | distribution commits a felony of the first degree if a |
16 | minor is present or resides in the place, structure, |
17 | trailer, or conveyance; providing criminal penalties; |
18 | amending s. 893.10, F.S.; providing that equipment used in |
19 | the manufacture of controlled substances may be |
20 | photographed or video recorded and the photograph or video |
21 | recording used as evidence for later use at trial; |
22 | providing for the destruction of the equipment; amending |
23 | s. 921.0022, F.S.; ranking specified offenses in the |
24 | offense severity ranking chart of the Criminal Punishment |
25 | Code; amending ss. 465.016, 465.023, and 893.135, F.S.; |
26 | conforming cross-references; providing an effective date. |
27 |
|
28 | Be It Enacted by the Legislature of the State of Florida: |
29 |
|
30 | Section 1. Subsections (5) through (21) of section 893.02, |
31 | Florida Statutes, are renumbered as subsections (6) through |
32 | (22), respectively, and a new subsection (5) is added to that |
33 | section to read: |
34 | 893.02 Definitions.--The following words and phrases as |
35 | used in this chapter shall have the following meanings, unless |
36 | the context otherwise requires: |
37 | (5) "Cultivating" means the preparation of any soil or |
38 | hydroponic medium for the planting of a controlled substance or |
39 | the tending and care or harvesting of a controlled substance. |
40 | Section 2. Section 893.1351, Florida Statutes, is amended |
41 | to read: |
42 | 893.1351 Ownership, lease, rental, or possession or rent |
43 | for the purpose of trafficking in or manufacturing a controlled |
44 | substance.-- |
45 | (1) A person may not own, lease, or rent any place, |
46 | structure, or part thereof, trailer, or other conveyance, with |
47 | the knowledge that the such place, structure, trailer, or |
48 | conveyance will be used for the purpose of trafficking in a |
49 | controlled substance, as provided in s. 893.135; for, or the |
50 | sale of a controlled substance, as provided in s. 893.13; or for |
51 | the manufacture of a controlled substance intended for sale or |
52 | distribution to another. A person who violates this subsection |
53 | commits a felony of the third degree, punishable as provided in |
54 | s. 775.082, s. 775.083, or s. 775.084. |
55 | (2) A person may not knowingly be in actual or |
56 | constructive possession of any place, structure, or part |
57 | thereof, trailer, or other conveyance with the knowledge that |
58 | the place, structure, or part thereof, trailer, or conveyance |
59 | will be used for the purpose of trafficking in a controlled |
60 | substance, as provided in s. 893.135; for the sale of a |
61 | controlled substance, as provided in s. 893.13; or for the |
62 | manufacture of a controlled substance intended for sale or |
63 | distribution to another. A person who violates this subsection |
64 | commits a felony of the second degree, punishable as provided in |
65 | s. 775.082, s. 775.083, or s. 775.084. |
66 | (3) A person who is in actual or constructive possession |
67 | of a place, structure, trailer, or conveyance with the knowledge |
68 | that the place, structure, trailer, or conveyance is being used |
69 | to manufacture a controlled substance intended for sale or |
70 | distribution to another and who knew or should have known that a |
71 | minor is present or resides in the place, structure, trailer, or |
72 | conveyance commits a felony of the first degree, punishable as |
73 | provided in s. 775.082, s. 775.083, or s. 775.084. |
74 | (4) For the purposes of this section, proof of the |
75 | possession of 25 or more cannabis plants constitutes prima facie |
76 | evidence that the cannabis is intended for sale or distribution. |
77 | (2) A person who violates subsection (1) is guilty of a |
78 | felony of the third degree, punishable as provided in s. |
79 | 775.082, s. 775.083, or s. 775.084. |
80 | Section 3. Section 893.10, Florida Statutes, is amended to |
81 | read: |
82 | 893.10 Burden of proof; photograph or video recording of |
83 | evidence.-- |
84 | (1) It is shall not be necessary for the state to negative |
85 | any exemption or exception set forth in this chapter in any |
86 | indictment, information, or other pleading or in any trial, |
87 | hearing, or other proceeding under this chapter, and the burden |
88 | of going forward with the evidence with respect to any such |
89 | exemption or exception is shall be upon the person claiming its |
90 | benefit. |
91 | (2) In the case of a person charged under s. 893.14(1) |
92 | with the possession of a controlled substance, the label |
93 | required under s. 893.04(1) or s. 893.05(2) is shall be |
94 | admissible in evidence and shall be prima facie evidence that |
95 | such substance was obtained pursuant to a valid prescription |
96 | form or dispensed by a practitioner while acting in the course |
97 | of his or her professional practice. |
98 | (3) In the prosecution of an offense involving the |
99 | manufacture of a controlled substance, a photograph or video |
100 | recording of the manufacturing equipment used in committing the |
101 | offense, including, but not limited to, grow lights, growing |
102 | trays, and chemical fertilizers, may be introduced as competent |
103 | evidence of the existence and use of the equipment and is |
104 | admissible in the prosecution of the offense to the same extent |
105 | as if the property were introduced as evidence. |
106 | (4) After a law enforcement agency documents the |
107 | manufacturing equipment by photography or video recording, the |
108 | manufacturing equipment may be destroyed on site and left in |
109 | disrepair. The law enforcement agency destroying the equipment |
110 | is immune from civil liability for the destruction of the |
111 | equipment. The destruction of the equipment must be recorded by |
112 | the supervising law enforcement officer in the manner described |
113 | in s. 893.12(1)(a) and records must be maintained for 24 months. |
114 | Section 4. Paragraphs (e), (g), and (h) of subsection (3) |
115 | of section 921.0022, Florida Statutes, are amended to read: |
116 | 921.0022 Criminal Punishment Code; offense severity |
117 | ranking chart.-- |
118 | (3) OFFENSE SEVERITY RANKING CHART |
119 | (e) LEVEL 5 |
120 |
|
| FloridaStatute | FelonyDegree | Description |
|
121 |
|
| 316.027(1)(a) | 3rd | Accidents involving personal injuries, failure to stop; leaving scene. |
|
122 |
|
| 316.1935(4)(a) | 2nd | Aggravated fleeing or eluding. |
|
123 |
|
| 322.34(6) | 3rd | Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury. |
|
124 |
|
| 327.30(5) | 3rd | Vessel accidents involving personal injury; leaving scene. |
|
125 |
|
| 381.0041(11)(b) | 3rd | Donate blood, plasma, or organs knowing HIV positive. |
|
126 |
|
| 440.10(1)(g) | 2nd | Failure to obtain workers' compensation coverage. |
|
127 |
|
| 440.105(5) | 2nd | Unlawful solicitation for the purpose of making workers' compensation claims. |
|
128 |
|
| 440.381(2) | 2nd | Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers' compensation premiums. |
|
129 |
|
| 624.401(4)(b)2. | 2nd | Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000. |
|
130 |
|
| 626.902(1)(c) | 2nd | Representing an unauthorized insurer; repeat offender. |
|
131 |
|
| 790.01(2) | 3rd | Carrying a concealed firearm. |
|
132 |
|
| 790.162 | 2nd | Threat to throw or discharge destructive device. |
|
133 |
|
| 790.163(1) | 2nd | False report of deadly explosive or weapon of mass destruction. |
|
134 |
|
| 790.221(1) | 2nd | Possession of short-barreled shotgun or machine gun. |
|
135 |
|
| 790.23 | 2nd | Felons in possession of firearms, ammunition, or electronic weapons or devices. |
|
136 |
|
| 800.04(6)(c) | 3rd | Lewd or lascivious conduct; offender less than 18 years. |
|
137 |
|
| 800.04(7)(c) | 2nd | Lewd or lascivious exhibition; offender 18 years or older. |
|
138 |
|
| 806.111(1) | 3rd | Possess, manufacture, or dispense fire bomb with intent to damage any structure or property. |
|
139 |
|
| 812.0145(2)(b) | 2nd | Theft from person 65 years of age or older; $10,000 or more but less than $50,000. |
|
140 |
|
| 812.015(8) | 3rd | Retail theft; property stolen is valued at $300 or more and one or more specified acts. |
|
141 |
|
| 812.019(1) | 2nd | Stolen property; dealing in or trafficking in. |
|
142 |
|
| 812.131(2)(b) | 3rd | Robbery by sudden snatching. |
|
143 |
|
| 812.16(2) | 3rd | Owning, operating, or conducting a chop shop. |
|
144 |
|
| 817.034(4)(a)2. | 2nd | Communications fraud, value $20,000 to $50,000. |
|
145 |
|
| 817.234(11)(b) | 2nd | Insurance fraud; property value $20,000 or more but less than $100,000. |
|
146 |
|
| 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. |
|
147 |
|
| 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. |
|
148 |
|
| 817.625(2)(b) | 2nd | Second or subsequent fraudulent use of scanning device or reencoder. |
|
149 |
|
| 825.1025(4) | 3rd | Lewd or lascivious exhibition in the presence of an elderly person or disabled adult. |
|
150 |
|
| 827.071(4) | 2nd | Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child. |
|
151 |
|
| 827.071(5) | 3rd | Possess any photographic material, motion picture, etc., which includes sexual conduct by a child. |
|
152 |
|
| 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. |
|
153 |
|
| 843.01 | 3rd | Resist officer with violence to person; resist arrest with violence. |
|
154 |
|
| 847.0137(2)&(3) | 3rd | Transmission of pornography by electronic device or equipment. |
|
155 |
|
| 847.0138(2)&(3) | 3rd | Transmission of material harmful to minors to a minor by electronic device or equipment. |
|
156 |
|
| 874.05(2) | 2nd | Encouraging or recruiting another to join a criminal street gang; second or subsequent offense. |
|
157 |
|
| 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). |
|
158 |
|
| 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. |
|
159 |
|
| 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. |
|
160 |
|
| 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. |
|
161 |
|
| 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. |
|
162 |
|
| 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). |
|
163 |
|
| 893.1351(1) | 3rd | Ownership, lease, or rental for trafficking in or manufacturing of controlled substance. |
|
164 |
|
165 | (g) LEVEL 7 |
166 |
|
| FloridaStatute | FelonyDegree | Description |
|
167 |
|
| 316.027(1)(b) | 1st | Accident involving death, failure to stop; leaving scene. |
|
168 |
|
| 316.193(3)(c)2. | 3rd | DUI resulting in serious bodily injury. |
|
169 |
|
| 316.1935(3)(b) | 1st | Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated. |
|
170 |
|
| 327.35(3)(c)2. | 3rd | Vessel BUI resulting in serious bodily injury. |
|
171 |
|
| 402.319(2) | 2nd | Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. |
|
172 |
|
| 409.920(2) | 3rd | Medicaid provider fraud. |
|
173 |
|
| 456.065(2) | 3rd | Practicing a health care profession without a license. |
|
174 |
|
| 456.065(2) | 2nd | Practicing a health care profession without a license which results in serious bodily injury. |
|
175 |
|
| 458.327(1) | 3rd | Practicing medicine without a license. |
|
176 |
|
| 459.013(1) | 3rd | Practicing osteopathic medicine without a license. |
|
177 |
|
| 460.411(1) | 3rd | Practicing chiropractic medicine without a license. |
|
178 |
|
| 461.012(1) | 3rd | Practicing podiatric medicine without a license. |
|
179 |
|
| 462.17 | 3rd | Practicing naturopathy without a license. |
|
180 |
|
| 463.015(1) | 3rd | Practicing optometry without a license. |
|
181 |
|
| 464.016(1) | 3rd | Practicing nursing without a license. |
|
182 |
|
| 465.015(2) | 3rd | Practicing pharmacy without a license. |
|
183 |
|
| 466.026(1) | 3rd | Practicing dentistry or dental hygiene without a license. |
|
184 |
|
| 467.201 | 3rd | Practicing midwifery without a license. |
|
185 |
|
| 468.366 | 3rd | Delivering respiratory care services without a license. |
|
186 |
|
| 483.828(1) | 3rd | Practicing as clinical laboratory personnel without a license. |
|
187 |
|
| 483.901(9) | 3rd | Practicing medical physics without a license. |
|
188 |
|
| 484.013(1)(c) | 3rd | Preparing or dispensing optical devices without a prescription. |
|
189 |
|
| 484.053 | 3rd | Dispensing hearing aids without a license. |
|
190 |
|
| 494.0018(2) | 1st | Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims. |
|
191 |
|
| 560.123(8)(b)1. | 3rd | Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter. |
|
192 |
|
| 560.125(5)(a) | 3rd | Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000. |
|
193 |
|
| 655.50(10)(b)1. | 3rd | Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. |
|
194 |
|
| 775.21(10)(a) | 3rd | Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations. |
|
195 |
|
| 775.21(10)(b) | 3rd | Sexual predator working where children regularly congregate. |
|
196 |
|
| 775.21(10)(g) | 3rd | Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator. |
|
197 |
|
| 782.051(3) | 2nd | Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. |
|
198 |
|
| 782.07(1) | 2nd | Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). |
|
199 |
|
| 782.071 | 2nd | Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide). |
|
200 |
|
| 782.072 | 2nd | Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide). |
|
201 |
|
| 784.045(1)(a)1. | 2nd | Aggravated battery; intentionally causing great bodily harm or disfigurement. |
|
202 |
|
| 784.045(1)(a)2. | 2nd | Aggravated battery; using deadly weapon. |
|
203 |
|
| 784.045(1)(b) | 2nd | Aggravated battery; perpetrator aware victim pregnant. |
|
204 |
|
| 784.048(4) | 3rd | Aggravated stalking; violation of injunction or court order. |
|
205 |
|
| 784.048(7) | 3rd | Aggravated stalking; violation of court order. |
|
206 |
|
| 784.07(2)(d) | 1st | Aggravated battery on law enforcement officer. |
|
207 |
|
| 784.074(1)(a) | 1st | Aggravated battery on sexually violent predators facility staff. |
|
208 |
|
| 784.08(2)(a) | 1st | Aggravated battery on a person 65 years of age or older. |
|
209 |
|
| 784.081(1) | 1st | Aggravated battery on specified official or employee. |
|
210 |
|
| 784.082(1) | 1st | Aggravated battery by detained person on visitor or other detainee. |
|
211 |
|
| 784.083(1) | 1st | Aggravated battery on code inspector. |
|
212 |
|
| 790.07(4) | 1st | Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2). |
|
213 |
|
| 790.16(1) | 1st | Discharge of a machine gun under specified circumstances. |
|
214 |
|
| 790.165(2) | 2nd | Manufacture, sell, possess, or deliver hoax bomb. |
|
215 |
|
| 790.165(3) | 2nd | Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony. |
|
216 |
|
| 790.166(3) | 2nd | Possessing, selling, using, or attempting to use a hoax weapon of mass destruction. |
|
217 |
|
| 790.166(4) | 2nd | Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony. |
|
218 |
|
| 794.08(4) | 3rd | Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age. |
|
219 |
|
| 796.03 | 2nd | Procuring any person under 16 years for prostitution. |
|
220 |
|
| 800.04(5)(c)1. | 2nd | Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years. |
|
221 |
|
| 800.04(5)(c)2. | 2nd | Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older. |
|
222 |
|
| 806.01(2) | 2nd | Maliciously damage structure by fire or explosive. |
|
223 |
|
| 810.02(3)(a) | 2nd | Burglary of occupied dwelling; unarmed; no assault or battery. |
|
224 |
|
| 810.02(3)(b) | 2nd | Burglary of unoccupied dwelling; unarmed; no assault or battery. |
|
225 |
|
| 810.02(3)(d) | 2nd | Burglary of occupied conveyance; unarmed; no assault or battery. |
|
226 |
|
| 810.02(3)(e) | 2nd | Burglary of authorized emergency vehicle. |
|
227 |
|
| 812.014(2)(a)1. | 1st | Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft. |
|
228 |
|
| 812.014(2)(b)2. | 2nd | Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree. |
|
229 |
|
| 812.014(2)(b)3. | 2nd | Property stolen, emergency medical equipment; 2nd degree grand theft. |
|
230 |
|
| 812.014(2)(b)4. | 2nd | Property stolen, law enforcement equipment from authorized emergency vehicle. |
|
231 |
|
| 812.0145(2)(a) | 1st | Theft from person 65 years of age or older; $50,000 or more. |
|
232 |
|
| 812.019(2) | 1st | Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property. |
|
233 |
|
| 812.131(2)(a) | 2nd | Robbery by sudden snatching. |
|
234 |
|
| 812.133(2)(b) | 1st | Carjacking; no firearm, deadly weapon, or other weapon. |
|
235 |
|
| 817.234(8)(a) | 2nd | Solicitation of motor vehicle accident victims with intent to defraud. |
|
236 |
|
| 817.234(9) | 2nd | Organizing, planning, or participating in an intentional motor vehicle collision. |
|
237 |
|
| 817.234(11)(c) | 1st | Insurance fraud; property value $100,000 or more. |
|
238 |
|
| 817.2341(2)(b)&(3)(b) | 1st | Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity. |
|
239 |
|
| 825.102(3)(b) | 2nd | Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. |
|
240 |
|
| 825.103(2)(b) | 2nd | Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000. |
|
241 |
|
| 827.03(3)(b) | 2nd | Neglect of a child causing great bodily harm, disability, or disfigurement. |
|
242 |
|
| 827.04(3) | 3rd | Impregnation of a child under 16 years of age by person 21 years of age or older. |
|
243 |
|
| 837.05(2) | 3rd | Giving false information about alleged capital felony to a law enforcement officer. |
|
244 |
|
| |
245 |
|
| 838.016 | 2nd | Unlawful compensation or reward for official behavior. |
|
246 |
|
| 838.021(3)(a) | 2nd | Unlawful harm to a public servant. |
|
247 |
|
| |
248 |
|
| 847.0135(3) | 3rd | Solicitation of a child, via a computer service, to commit an unlawful sex act. |
|
249 |
|
| 847.0135(4) | 2nd | Traveling to meet a minor to commit an unlawful sex act. |
|
250 |
|
| 872.06 | 2nd | Abuse of a dead human body. |
|
251 |
|
| 893.13(1)(c)1. | 1st | Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center. |
|
252 |
|
| 893.13(1)(e)1. | 1st | Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site. |
|
253 |
|
| 893.13(4)(a) | 1st | Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs). |
|
254 |
|
| 893.135(1)(a)1. | 1st | Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs. |
|
255 |
|
| 893.135(1)(b)1.a. | 1st | Trafficking in cocaine, more than 28 grams, less than 200 grams. |
|
256 |
|
| 893.135(1)(c)1.a. | 1st | Trafficking in illegal drugs, more than 4 grams, less than 14 grams. |
|
257 |
|
| 893.135(1)(d)1. | 1st | Trafficking in phencyclidine, more than 28 grams, less than 200 grams. |
|
258 |
|
| 893.135(1)(e)1. | 1st | Trafficking in methaqualone, more than 200 grams, less than 5 kilograms. |
|
259 |
|
| 893.135(1)(f)1. | 1st | Trafficking in amphetamine, more than 14 grams, less than 28 grams. |
|
260 |
|
| 893.135(1)(g)1.a. | 1st | Trafficking in flunitrazepam, 4 grams or more, less than 14 grams. |
|
261 |
|
| 893.135(1)(h)1.a. | 1st | Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms. |
|
262 |
|
| 893.135(1)(j)1.a. | 1st | Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms. |
|
263 |
|
| 893.135(1)(k)2.a. | 1st | Trafficking in Phenethylamines, 10 grams or more, less than 200 grams. |
|
264 |
|
| 893.1351(2) | 2nd | Possession of place for trafficking in or manufacturing of controlled substance. |
|
265 |
|
| 896.101(5)(a) | 3rd | Money laundering, financial transactions exceeding $300 but less than $20,000. |
|
266 |
|
| 896.104(4)(a)1. | 3rd | Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000. |
|
267 |
|
| 943.0435(4)(c) | 2nd | Sexual offender vacating permanent residence; failure to comply with reporting requirements. |
|
268 |
|
| 943.0435(8) | 2nd | Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements. |
|
269 |
|
| 943.0435(9)(a) | 3rd | Sexual offender; failure to comply with reporting requirements. |
|
270 |
|
| 943.0435(13) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
|
271 |
|
| 943.0435(14) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
|
272 |
|
| 944.607(9) | 3rd | Sexual offender; failure to comply with reporting requirements. |
|
273 |
|
| 944.607(10)(a) | 3rd | Sexual offender; failure to submit to the taking of a digitized photograph. |
|
274 |
|
| 944.607(12) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
|
275 |
|
| 944.607(13) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
|
276 |
|
| 985.4815(10) | 3rd | Sexual offender; failure to submit to the taking of a digitized photograph. |
|
277 |
|
| 985.4815(12) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
|
278 |
|
| 985.4815(13) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
|
279 |
|
280 | (h) LEVEL 8 |
281 |
|
| FloridaStatute | FelonyDegree | Description |
|
282 |
|
| 316.193(3)(c)3.a. | 2nd | DUI manslaughter. |
|
283 |
|
| 316.1935(4)(b) | 1st | Aggravated fleeing or attempted eluding with serious bodily injury or death. |
|
284 |
|
| 327.35(3)(c)3. | 2nd | Vessel BUI manslaughter. |
|
285 |
|
| 499.0051(7) | 1st | Forgery of prescription or legend drug labels. |
|
286 |
|
| 499.0052 | 1st | Trafficking in contraband legend drugs. |
|
287 |
|
| 560.123(8)(b)2. | 2nd | Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter. |
|
288 |
|
| 560.125(5)(b) | 2nd | Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000. |
|
289 |
|
| 655.50(10)(b)2. | 2nd | Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions. |
|
290 |
|
| 777.03(2)(a) | 1st | Accessory after the fact, capital felony. |
|
291 |
|
| 782.04(4) | 2nd | Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aircraft piracy, or unlawfully discharging bomb. |
|
292 |
|
| 782.051(2) | 1st | Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3). |
|
293 |
|
| 782.071(1)(b) | 1st | Committing vehicular homicide and failing to render aid or give information. |
|
294 |
|
| 782.072(2) | 1st | Committing vessel homicide and failing to render aid or give information. |
|
295 |
|
| 790.161(3) | 1st | Discharging a destructive device which results in bodily harm or property damage. |
|
296 |
|
| 794.011(5) | 2nd | Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury. |
|
297 |
|
| 794.08(3) | 2nd | Female genital mutilation, removal of a victim younger than 18 years of age from this state. |
|
298 |
|
| 800.04(4) | 2nd | Lewd or lascivious battery. |
|
299 |
|
| 806.01(1) | 1st | Maliciously damage dwelling or structure by fire or explosive, believing person in structure. |
|
300 |
|
| 810.02(2)(a) | 1st,PBL | Burglary with assault or battery. |
|
301 |
|
| 810.02(2)(b) | 1st,PBL | Burglary; armed with explosives or dangerous weapon. |
|
302 |
|
| 810.02(2)(c) | 1st | Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage. |
|
303 |
|
| 812.014(2)(a)2. | 1st | Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree. |
|
304 |
|
| 812.13(2)(b) | 1st | Robbery with a weapon. |
|
305 |
|
| 812.135(2)(c) | 1st | Home-invasion robbery, no firearm, deadly weapon, or other weapon. |
|
306 |
|
| 817.568(6) | 2nd | Fraudulent use of personal identification information of an individual under the age of 18. |
|
307 |
|
| 825.102(2) | 2nd | Aggravated abuse of an elderly person or disabled adult. |
|
308 |
|
| 825.1025(2) | 2nd | Lewd or lascivious battery upon an elderly person or disabled adult. |
|
309 |
|
| 825.103(2)(a) | 1st | Exploiting an elderly person or disabled adult and property is valued at $100,000 or more. |
|
310 |
|
| 837.02(2) | 2nd | Perjury in official proceedings relating to prosecution of a capital felony. |
|
311 |
|
| 837.021(2) | 2nd | Making contradictory statements in official proceedings relating to prosecution of a capital felony. |
|
312 |
|
| 860.121(2)(c) | 1st | Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm. |
|
313 |
|
| 860.16 | 1st | Aircraft piracy. |
|
314 |
|
| 893.13(1)(b) | 1st | Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b). |
|
315 |
|
| 893.13(2)(b) | 1st | Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b). |
|
316 |
|
| 893.13(6)(c) | 1st | Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b). |
|
317 |
|
| 893.135(1)(a)2. | 1st | Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs. |
|
318 |
|
| 893.135(1)(b)1.b. | 1st | Trafficking in cocaine, more than 200 grams, less than 400 grams. |
|
319 |
|
| 893.135(1)(c)1.b. | 1st | Trafficking in illegal drugs, more than 14 grams, less than 28 grams. |
|
320 |
|
| 893.135(1)(d)1.b. | 1st | Trafficking in phencyclidine, more than 200 grams, less than 400 grams. |
|
321 |
|
| 893.135(1)(e)1.b. | 1st | Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms. |
|
322 |
|
| 893.135(1)(f)1.b. | 1st | Trafficking in amphetamine, more than 28 grams, less than 200 grams. |
|
323 |
|
| 893.135(1)(g)1.b. | 1st | Trafficking in flunitrazepam, 14 grams or more, less than 28 grams. |
|
324 |
|
| 893.135(1)(h)1.b. | 1st | Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms. |
|
325 |
|
| 893.135(1)(j)1.b. | 1st | Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms. |
|
326 |
|
| 893.135(1)(k)2.b. | 1st | Trafficking in Phenethylamines, 200 grams or more, less than 400 grams. |
|
327 |
|
| 893.1351(3) | 1st | Possession of a place used to manufacture controlled substance when minor is present or resides there. |
|
328 |
|
| 895.03(1) | 1st | Use or invest proceeds derived from pattern of racketeering activity. |
|
329 |
|
| 895.03(2) | 1st | Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property. |
|
330 |
|
| 895.03(3) | 1st | Conduct or participate in any enterprise through pattern of racketeering activity. |
|
331 |
|
| 896.101(5)(b) | 2nd | Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000. |
|
332 |
|
| 896.104(4)(a)2. | 2nd | Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000. |
|
333 |
|
334 | Section 5. Paragraph (s) of subsection (1) of section |
335 | 465.016, Florida Statutes, is amended to read: |
336 | 465.016 Disciplinary actions.-- |
337 | (1) The following acts constitute grounds for denial of a |
338 | license or disciplinary action, as specified in s. 456.072(2): |
339 | (s) Dispensing any medicinal drug based upon a |
340 | communication that purports to be a prescription as defined by |
341 | s. 465.003(14) or s. 893.02 893.02(20) when the pharmacist knows |
342 | or has reason to believe that the purported prescription is not |
343 | based upon a valid practitioner-patient relationship. |
344 | Section 6. Paragraph (e) of subsection (1) of section |
345 | 465.023, Florida Statutes, is amended to read: |
346 | 465.023 Pharmacy permittee; disciplinary action.-- |
347 | (1) The department or the board may revoke or suspend the |
348 | permit of any pharmacy permittee, and may fine, place on |
349 | probation, or otherwise discipline any pharmacy permittee who |
350 | has: |
351 | (e) Dispensed any medicinal drug based upon a |
352 | communication that purports to be a prescription as defined by |
353 | s. 465.003(14) or s. 893.02 893.02(20) when the pharmacist knows |
354 | or has reason to believe that the purported prescription is not |
355 | based upon a valid practitioner-patient relationship that |
356 | includes a documented patient evaluation, including history and |
357 | a physical examination adequate to establish the diagnosis for |
358 | which any drug is prescribed and any other requirement |
359 | established by board rule under chapter 458, chapter 459, |
360 | chapter 461, chapter 463, chapter 464, or chapter 466. |
361 | Section 7. Subsection (6) of section 893.135, Florida |
362 | Statutes, is amended to read: |
363 | 893.135 Trafficking; mandatory sentences; suspension or |
364 | reduction of sentences; conspiracy to engage in trafficking.-- |
365 | (6) A mixture, as defined in s. 893.02 893.02(14), |
366 | containing any controlled substance described in this section |
367 | includes, but is not limited to, a solution or a dosage unit, |
368 | including but not limited to, a pill or tablet, containing a |
369 | controlled substance. For the purpose of clarifying legislative |
370 | intent regarding the weighing of a mixture containing a |
371 | controlled substance described in this section, the weight of |
372 | the controlled substance is the total weight of the mixture, |
373 | including the controlled substance and any other substance in |
374 | the mixture. If there is more than one mixture containing the |
375 | same controlled substance, the weight of the controlled |
376 | substance is calculated by aggregating the total weight of each |
377 | mixture. |
378 | Section 8. This act shall take effect July 1, 2008. |