Florida Senate - 2008 CS for SB 390

By the Committee on Criminal Justice; and Senators Oelrich and Gaetz

591-06406-08 2008390c1

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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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893.02, F.S.; defining the term "cultivating" for

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specified purposes; amending s. 893.1351, F.S.;

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prohibiting a person from owning or actually or

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constructively possessing a place, structure, trailer, or

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other described place having knowledge that the place will

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be used to manufacture, sell, or traffic in a controlled

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substance; providing that possession of a specified number

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or more of cannabis plants constitutes prima facie

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evidence of intent to sell or distribute; providing that a

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person who has actual or constructive possession of a

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place, structure, trailer, or conveyance being used to

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manufacture a controlled substance for sale and

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distribution commits a felony of the first degree if a

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minor is present or resides in the place, structure,

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trailer, or conveyance; providing criminal penalties;

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amending s. 893.10, F.S.; providing that equipment used in

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the manufacture of controlled substances may be

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photographed or video recorded and the photograph or video

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recording used as evidence for later use at trial;

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providing for the destruction of the equipment; amending

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s. 921.0022, F.S.; ranking specified offenses in the

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offense severity ranking chart of the Criminal Punishment

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Code; amending ss. 465.016, 465.023, and 893.135, F.S.;

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conforming cross-references; providing an effective date.

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

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     Section 1.  Present subsections (5) through (21) of section

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893.02, Florida Statutes, are renumbered as subsections (6)

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through (22), respectively, and a new subsection (5) is added to

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that section, to read:

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     893.02  Definitions.--The following words and phrases as

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used in this chapter shall have the following meanings, unless

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the context otherwise requires:

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     (5) "Cultivating" means the preparation of any soil or

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hydroponic medium for the planting of a controlled substance or

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the tending and care or harvesting of a controlled substance.

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     Section 2.  Section 893.1351, Florida Statutes, is amended

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to read:

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     893.1351 Ownership, lease, rental, or possession or rent

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for the purpose of trafficking in or manufacturing a controlled

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substance.--

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     (1) A person may not own, lease, or rent any place,

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structure, or part thereof, trailer, or other conveyance, with

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the knowledge that the such place, structure, trailer, or

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conveyance will be used for the purpose of trafficking in a

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controlled substance, as provided in s. 893.135; for, or the sale

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of a controlled substance, as provided in s. 893.13; or for the

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manufacture of a controlled substance intended for sale or

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distribution to another. A person who violates this subsection

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commits a felony of the third 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 person may not knowingly be in actual or constructive

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possession of any place, structure, or part thereof, trailer, or

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other conveyance with the knowledge that the place, structure, or

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part thereof, trailer, or conveyance will be used for the purpose

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of trafficking in a controlled substance, as provided in s.

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893.135; for the sale of a controlled substance, as provided in

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s. 893.13; or for the manufacture of a controlled substance

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intended for sale or distribution to another. A person who

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violates this subsection commits a felony of the second degree,

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punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

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     (3) A person who is in actual or constructive possession of

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a place, structure, trailer, or conveyance with the knowledge

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that the place, structure, trailer, or conveyance is being used

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to manufacture a controlled substance intended for sale or

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distribution to another and who knew or should have known that a

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minor is present or resides in the place, structure, trailer, or

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conveyance commits a felony of the first degree, punishable as

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provided in s. 775.082, s. 775.083, or s. 775.084.

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     (4) For the purposes of this section, proof of the

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possession of 25 or more cannabis plants constitutes prima facie

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evidence that the cannabis is intended for sale or distribution.

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     (2) A person who violates subsection (1) is guilty of a

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

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s. 775.083, or s. 775.084.

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     Section 3.  Section 893.10, Florida Statutes, is amended to

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read:

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     893.10 Burden of proof; photograph or video recording of

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evidence.--

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     (1) It is shall not be necessary for the state to negative

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any exemption or exception set forth in this chapter in any

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indictment, information, or other pleading or in any trial,

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hearing, or other proceeding under this chapter, and the burden

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of going forward with the evidence with respect to any such

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exemption or exception is shall be upon the person claiming its

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benefit.

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     (2)  In the case of a person charged under s. 893.14(1) with

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the possession of a controlled substance, the label required

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under s. 893.04(1) or s. 893.05(2) is shall be admissible in

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evidence and shall be prima facie evidence that such substance

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was obtained pursuant to a valid prescription form or dispensed

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by a practitioner while acting in the course of his or her

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professional practice.

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     (3) In the prosecution of an offense involving the

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manufacture of a controlled substance, a photograph or video

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recording of the manufacturing equipment used in committing the

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offense, including, but not limited to, grow lights, growing

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trays, and chemical fertilizers, may be introduced as competent

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evidence of the existence and use of the equipment and is

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admissible in the prosecution of the offense to the same extent

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as if the property were introduced as evidence.

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     (4) After a law enforcement agency documents the

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manufacturing equipment by photography or video recording, the

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manufacturing equipment may be destroyed on site and left in

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disrepair. The law enforcement agency destroying the equipment is

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immune from civil liability for the destruction of the equipment.

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The destruction of the equipment must be recorded by the

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supervising law enforcement officer in the manner described in s.

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893.12(1)(a) and records must be maintained for 24 months.

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     Section 4.  Paragraphs (e), (g), and (h) of subsection (3)

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of section 921.0022, Florida Statutes, are amended 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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     (e)  LEVEL 5

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FloridaStatuteFelonyDegreeDescription

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

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

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

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

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

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

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

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

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

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

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790.01(2)3rdCarrying a concealed firearm.

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790.1622ndThreat to throw or discharge destructive device.

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

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

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

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

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

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

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

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

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

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

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

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

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

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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.

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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.

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

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

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

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

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

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

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

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

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

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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).

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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.

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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.

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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.

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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.

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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).

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893.1351(1)3rdOwnership, lease, or rental for trafficking in or manufacturing of controlled substance.

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     (g)  LEVEL 7

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FloridaStatuteFelonyDegreeDescription

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316.027(1)(b)1stAccident involving death, failure to stop; leaving scene.

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316.193(3)(c)2.3rdDUI resulting in serious bodily injury.

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316.1935(3)(b)1stCausing 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.

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327.35(3)(c)2.3rdVessel BUI resulting in serious bodily injury.

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402.319(2)2ndMisrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.

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409.920(2)3rdMedicaid provider fraud.

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456.065(2)3rdPracticing a health care profession without a license.

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456.065(2)2ndPracticing a health care profession without a license which results in serious bodily injury.

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458.327(1)3rdPracticing medicine without a license.

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459.013(1)3rdPracticing osteopathic medicine without a license.

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460.411(1)3rdPracticing chiropractic medicine without a license.

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461.012(1)3rdPracticing podiatric medicine without a license.

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462.173rdPracticing naturopathy without a license.

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463.015(1)3rdPracticing optometry without a license.

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464.016(1)3rdPracticing nursing without a license.

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465.015(2)3rdPracticing pharmacy without a license.

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466.026(1)3rdPracticing dentistry or dental hygiene without a license.

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467.2013rdPracticing midwifery without a license.

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468.3663rdDelivering respiratory care services without a license.

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483.828(1)3rdPracticing as clinical laboratory personnel without a license.

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483.901(9)3rdPracticing medical physics without a license.

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484.013(1)(c)3rdPreparing or dispensing optical devices without a prescription.

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484.0533rdDispensing hearing aids without a license.

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494.0018(2)1stConviction 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.

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560.123(8)(b)1.3rdFailure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.

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560.125(5)(a)3rdMoney transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.

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655.50(10)(b)1.3rdFailure to report financial transactions exceeding $300 but less than $20,000 by financial institution.

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775.21(10)(a)3rdSexual predator; failure to register; failure to renew driver's license or identification card; other registration violations.

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775.21(10)(b)3rdSexual predator working where children regularly congregate.

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775.21(10)(g)3rdFailure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.

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782.051(3)2ndAttempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.

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782.07(1)2ndKilling of a human being by the act, procurement, or culpable negligence of another (manslaughter).

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782.0712ndKilling of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).

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782.0722ndKilling of a human being by the operation of a vessel in a reckless manner (vessel homicide).

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784.045(1)(a)1.2ndAggravated battery; intentionally causing great bodily harm or disfigurement.

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784.045(1)(a)2.2ndAggravated battery; using deadly weapon.

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784.045(1)(b)2ndAggravated battery; perpetrator aware victim pregnant.

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784.048(4)3rdAggravated stalking; violation of injunction or court order.

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784.048(7)3rdAggravated stalking; violation of court order.

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784.07(2)(d)1stAggravated battery on law enforcement officer.

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784.074(1)(a)1stAggravated battery on sexually violent predators facility staff.

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784.08(2)(a)1stAggravated battery on a person 65 years of age or older.

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784.081(1)1stAggravated battery on specified official or employee.

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784.082(1)1stAggravated battery by detained person on visitor or other detainee.

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784.083(1)1stAggravated battery on code inspector.

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790.07(4)1stSpecified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).

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790.16(1)1stDischarge of a machine gun under specified circumstances.

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790.165(2)2ndManufacture, sell, possess, or deliver hoax bomb.

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790.165(3)2ndPossessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.

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790.166(3)2ndPossessing, selling, using, or attempting to use a hoax weapon of mass destruction.

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790.166(4)2ndPossessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.

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794.08(4)3rdFemale genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.

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796.032ndProcuring any person under 16 years for prostitution.

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800.04(5)(c)1.2ndLewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.

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800.04(5)(c)2.2ndLewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.

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806.01(2)2ndMaliciously damage structure by fire or explosive.

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810.02(3)(a)2ndBurglary of occupied dwelling; unarmed; no assault or battery.

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810.02(3)(b)2ndBurglary of unoccupied dwelling; unarmed; no assault or battery.

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810.02(3)(d)2ndBurglary of occupied conveyance; unarmed; no assault or battery.

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810.02(3)(e)2ndBurglary of authorized emergency vehicle.

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812.014(2)(a)1.1stProperty 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.

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812.014(2)(b)2.2ndProperty stolen, cargo valued at less than $50,000, grand theft in 2nd degree.

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812.014(2)(b)3.2ndProperty stolen, emergency medical equipment; 2nd degree grand theft.

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812.014(2)(b)4.2ndProperty stolen, law enforcement equipment from authorized emergency vehicle.

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812.0145(2)(a)1stTheft from person 65 years of age or older; $50,000 or more.

231

812.019(2)1stStolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.

232

812.131(2)(a)2ndRobbery by sudden snatching.

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812.133(2)(b)1stCarjacking; no firearm, deadly weapon, or other weapon.

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817.234(8)(a)2ndSolicitation of motor vehicle accident victims with intent to defraud.

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817.234(9)2ndOrganizing, planning, or participating in an intentional motor vehicle collision.

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817.234(11)(c)1stInsurance fraud; property value $100,000 or more.

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817.2341(2)(b)&(3)(b)1stMaking 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.

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825.102(3)(b)2ndNeglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.

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825.103(2)(b)2ndExploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.

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827.03(3)(b)2ndNeglect of a child causing great bodily harm, disability, or disfigurement.

241

827.04(3)3rdImpregnation of a child under 16 years of age by person 21 years of age or older.

242

837.05(2)3rdGiving false information about alleged capital felony to a law enforcement officer.

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838.0152ndBribery.

244

838.0162ndUnlawful compensation or reward for official behavior.

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838.021(3)(a)2ndUnlawful harm to a public servant.

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838.222ndBid tampering.

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847.0135(3)3rdSolicitation of a child, via a computer service, to commit an unlawful sex act.

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847.0135(4)2ndTraveling to meet a minor to commit an unlawful sex act.

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872.062ndAbuse of a dead human body.

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893.13(1)(c)1.1stSell, 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.

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893.13(1)(e)1.1stSell, 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.

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893.13(4)(a)1stDeliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).

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893.135(1)(a)1.1stTrafficking in cannabis, more than 25 lbs., less than 2,000 lbs.

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893.135(1)(b)1.a.1stTrafficking in cocaine, more than 28 grams, less than 200 grams.

255

893.135(1)(c)1.a.1stTrafficking in illegal drugs, more than 4 grams, less than 14 grams.

256

893.135(1)(d)1.1stTrafficking in phencyclidine, more than 28 grams, less than 200 grams.

257

893.135(1)(e)1.1stTrafficking in methaqualone, more than 200 grams, less than 5 kilograms.

258

893.135(1)(f)1.1stTrafficking in amphetamine, more than 14 grams, less than 28 grams.

259

893.135(1)(g)1.a.1stTrafficking in flunitrazepam, 4 grams or more, less than 14 grams.

260

893.135(1)(h)1.a.1stTrafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.

261

893.135(1)(j)1.a.1stTrafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.

262

893.135(1)(k)2.a.1stTrafficking in Phenethylamines, 10 grams or more, less than 200 grams.

263

893.1351(2)2ndPossession of place for trafficking in or manufacturing of controlled substance.

264

896.101(5)(a)3rdMoney laundering, financial transactions exceeding $300 but less than $20,000.

265

896.104(4)(a)1.3rdStructuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.

266

943.0435(4)(c)2ndSexual offender vacating permanent residence; failure to comply with reporting requirements.

267

943.0435(8)2ndSexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.

268

943.0435(9)(a)3rdSexual offender; failure to comply with reporting requirements.

269

943.0435(13)3rdFailure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.

270

943.0435(14)3rdSexual offender; failure to report and reregister; failure to respond to address verification.

271

944.607(9)3rdSexual offender; failure to comply with reporting requirements.

272

944.607(10)(a)3rdSexual offender; failure to submit to the taking of a digitized photograph.

273

944.607(12)3rdFailure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.

274

944.607(13)3rdSexual offender; failure to report and reregister; failure to respond to address verification.

275

985.4815(10)3rdSexual offender; failure to submit to the taking of a digitized photograph.

276

985.4815(12)3rdFailure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.

277

985.4815(13)3rdSexual offender; failure to report and reregister; failure to respond to address verification.

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     (h)  LEVEL 8

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FloridaStatuteFelonyDegreeDescription

281

316.193(3)(c)3.a.2ndDUI manslaughter.

282

316.1935(4)(b)1stAggravated fleeing or attempted eluding with serious bodily injury or death.

283

327.35(3)(c)3.2ndVessel BUI manslaughter.

284

499.0051(7)1stForgery of prescription or legend drug labels.

285

499.00521stTrafficking in contraband legend drugs.

286

560.123(8)(b)2.2ndFailure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.

287

560.125(5)(b)2ndMoney transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.

288

655.50(10)(b)2.2ndFailure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.

289

777.03(2)(a)1stAccessory after the fact, capital felony.

290

782.04(4)2ndKilling 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.

291

782.051(2)1stAttempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).

292

782.071(1)(b)1stCommitting vehicular homicide and failing to render aid or give information.

293

782.072(2)1stCommitting vessel homicide and failing to render aid or give information.

294

790.161(3)1stDischarging a destructive device which results in bodily harm or property damage.

295

794.011(5)2ndSexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.

296

794.08(3)2ndFemale genital mutilation, removal of a victim younger than 18 years of age from this state.

297

800.04(4)2ndLewd or lascivious battery.

298

806.01(1)1stMaliciously damage dwelling or structure by fire or explosive, believing person in structure.

299

810.02(2)(a)1st,PBLBurglary with assault or battery.

300

810.02(2)(b)1st,PBLBurglary; armed with explosives or dangerous weapon.

301

810.02(2)(c)1stBurglary of a dwelling or structure causing structural damage or $1,000 or more property damage.

302

812.014(2)(a)2.1stProperty stolen; cargo valued at $50,000 or more, grand theft in 1st degree.

303

812.13(2)(b)1stRobbery with a weapon.

304

812.135(2)(c)1stHome-invasion robbery, no firearm, deadly weapon, or other weapon.

305

817.568(6)2ndFraudulent use of personal identification information of an individual under the age of 18.

306

825.102(2)2ndAggravated abuse of an elderly person or disabled adult.

307

825.1025(2)2ndLewd or lascivious battery upon an elderly person or disabled adult.

308

825.103(2)(a)1stExploiting an elderly person or disabled adult and property is valued at $100,000 or more.

309

837.02(2)2ndPerjury in official proceedings relating to prosecution of a capital felony.

310

837.021(2)2ndMaking contradictory statements in official proceedings relating to prosecution of a capital felony.

311

860.121(2)(c)1stShooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.

312

860.161stAircraft piracy.

313

893.13(1)(b)1stSell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).

314

893.13(2)(b)1stPurchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).

315

893.13(6)(c)1stPossess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).

316

893.135(1)(a)2.1stTrafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.

317

893.135(1)(b)1.b.1stTrafficking in cocaine, more than 200 grams, less than 400 grams.

318

893.135(1)(c)1.b.1stTrafficking in illegal drugs, more than 14 grams, less than 28 grams.

319

893.135(1)(d)1.b.1stTrafficking in phencyclidine, more than 200 grams, less than 400 grams.

320

893.135(1)(e)1.b.1stTrafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.

321

893.135(1)(f)1.b.1stTrafficking in amphetamine, more than 28 grams, less than 200 grams.

322

893.135(1)(g)1.b.1stTrafficking in flunitrazepam, 14 grams or more, less than 28 grams.

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893.135(1)(h)1.b.1stTrafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.

324

893.135(1)(j)1.b.1stTrafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.

325

893.135(1)(k)2.b.1stTrafficking in Phenethylamines, 200 grams or more, less than 400 grams.

326

893.1351(3)1stPossession of a place used to manufacture controlled substance when minor is present or resides there.

327

895.03(1)1stUse or invest proceeds derived from pattern of racketeering activity.

328

895.03(2)1stAcquire or maintain through racketeering activity any interest in or control of any enterprise or real property.

329

895.03(3)1stConduct or participate in any enterprise through pattern of racketeering activity.

330

896.101(5)(b)2ndMoney laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.

331

896.104(4)(a)2.2ndStructuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.

332

333

     Section 5.  Paragraph (s) of subsection (1) of section

334

465.016, Florida Statutes, is amended to read:

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     465.016  Disciplinary actions.--

336

     (1)  The following acts constitute grounds for denial of a

337

license or disciplinary action, as specified in s. 456.072(2):

338

     (s)  Dispensing any medicinal drug based upon a

339

communication that purports to be a prescription as defined by s.

340

465.003(14) or s. 893.02 893.02(20) when the pharmacist knows or

341

has reason to believe that the purported prescription is not

342

based upon a valid practitioner-patient relationship.

343

     Section 6.  Paragraph (e) of subsection (1) of section

344

465.023, Florida Statutes, is amended to read:

345

     465.023  Pharmacy permittee; disciplinary action.--

346

     (1)  The department or the board may revoke or suspend the

347

permit of any pharmacy permittee, and may fine, place on

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probation, or otherwise discipline any pharmacy permittee who

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has:

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     (e)  Dispensed any medicinal drug based upon a communication

351

that purports to be a prescription as defined by s. 465.003(14)

352

or s. 893.02 893.02(20) when the pharmacist knows or has reason

353

to believe that the purported prescription is not based upon a

354

valid practitioner-patient relationship that includes a

355

documented patient evaluation, including history and a physical

356

examination adequate to establish the diagnosis for which any

357

drug is prescribed and any other requirement established by board

358

rule under chapter 458, chapter 459, chapter 461, chapter 463,

359

chapter 464, or chapter 466.

360

     Section 7.  Subsection (6) of section 893.135, Florida

361

Statutes, is amended to read:

362

     893.135  Trafficking; mandatory sentences; suspension or

363

reduction of sentences; conspiracy to engage in trafficking.--

364

     (6) A mixture, as defined in s. 893.02 893.02(14),

365

containing any controlled substance described in this section

366

includes, but is not limited to, a solution or a dosage unit,

367

including but not limited to, a pill or tablet, containing a

368

controlled substance. For the purpose of clarifying legislative

369

intent regarding the weighing of a mixture containing a

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controlled substance described in this section, the weight of the

371

controlled substance is the total weight of the mixture,

372

including the controlled substance and any other substance in the

373

mixture. If there is more than one mixture containing the same

374

controlled substance, the weight of the controlled substance is

375

calculated by aggregating the total weight of each mixture.

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     Section 8.  This act shall take effect July 1, 2008.

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