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The Committee on Criminal Justice (Wilson) recommended the

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following amendment:

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     Senate Amendment (with directory and title amendments)

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     Delete line(s) 236-277

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and insert:

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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), except for Salvia divinorum and Salvinorin A,

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(2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7.,

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

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

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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

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

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

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

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such person to assist in avoiding detection or apprehension for

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a violation of this chapter. Any person who violates this

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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

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

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775.083, 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

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controlled substance is authorized by this chapter or unless

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such person is licensed to do so by the appropriate federal

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agency.  Any person 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

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

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775.083, or s. 775.084.

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     (6)

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     (d) Any person who possesses, possesses with intent to

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purchase, or purchases Salvia divinorum or Salvinorin A, as

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named or defined in s. 893.03(1)(c) commits a misdemeanor of the

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first degree, punishable as provided in s. 775.082 or s.

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775.083. This paragraph does not apply to possession of Salvia

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divinorum or Salvinorin A with the intent to sell, manufacture,

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or deliver either of those substances.

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====== D I R E C T O R Y  C L A U S E  A M E N D M E N T =====

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And the directory clause is amended as follows:

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     Delete line(s) 95-100

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and insert:

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     Section 2.  Paragraph (a) of subsection (2) of section

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893.13, Florida Statutes, is amended, present paragraph (d) of

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subsection (6) of that section is redesignated as subsection

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(e), and a new paragraph (d) is added to that subsection, and,

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for the purpose of incorporating the amendment made by this act

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to section 893.03, Florida Statutes, in references thereto,

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paragraphs (a), (c), (d), (e), (f), and (h) of subsection (1),

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

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(5) of section 893.13, Florida Statutes, are reenacted to read:

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete line(s) 6-7

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and insert:

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divinorum and Salvinorin A; amending s. 893.13, F.S.,

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relating to penalties; providing that possession or

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purchase of Salvia divinorum or Salvinorin A is a first-

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degree misdemeanor rather than a third-degree felony;

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reenacting ss. 893.13(1)(a), (c), (d), (e), (f), and (h),

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(4)(b), and (5)(b),

3/6/2008  6:56:00 PM     CJ.CJ.04531