Florida Senate - 2008 (PROPOSED COMMITTEE BILL) SPB 7020
FOR CONSIDERATION By the Committee on Criminal Justice
591-02866-08 20087020__
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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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reenacting ss. 893.13(1)(a),(c),(d),(e),(f), and (h),
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(2)(a), (4)(b), and (5)(b), and 921.0022(3)(b),(c), and
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(e), F.S., relating to prohibited acts and penalties
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concerning controlled substances and the offense severity
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chart of the Criminal Punishment Code, to incorporate the
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amendment to s. 893.03, F.S., in references thereto;
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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. 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.
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36. Salvinorin A.
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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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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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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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(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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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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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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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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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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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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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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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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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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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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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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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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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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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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(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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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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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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| FloridaStatute | FelonyDegree | Description |
| 370.12(1)(e)3. | 3rd | Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act. |
| 370.12(1)(e)4. | 3rd | Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act. |
| 403.413(5)(c) | 3rd | Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste. |
| 517.07 | 3rd | Registration of securities and furnishing of prospectus required. |
| 590.28(1) | 3rd | Willful, malicious, or intentional burning. |
| 784.05(3) | 3rd | Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death. |
| 787.04(1) | 3rd | In violation of court order, take, entice, etc., minor beyond state limits. |
| 806.13(1)(b)3. | 3rd | Criminal mischief; damage $1,000 or more to public communication or any other public service. |
| 810.061(2) | 3rd | Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary. |
| 810.09(2)(e) | 3rd | Trespassing on posted commercial horticulture property. |
| 812.014(2)(c)1. | 3rd | Grand theft, 3rd degree; $300 or more but less than $5,000. |
| 812.014(2)(d) | 3rd | Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling. |
| 812.015(7) | 3rd | Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure. |
| 817.234(1)(a)2. | 3rd | False statement in support of insurance claim. |
| 817.481(3)(a) | 3rd | Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300. |
| 817.52(3) | 3rd | Failure to redeliver hired vehicle. |
| 817.54 | 3rd | With intent to defraud, obtain mortgage note, etc., by false representation. |
| 817.60(5) | 3rd | Dealing in credit cards of another. |
| 817.60(6)(a) | 3rd | Forgery; purchase goods, services with false card. |
| 817.61 | 3rd | Fraudulent use of credit cards over $100 or more within 6 months. |
| 826.04 | 3rd | Knowingly marries or has sexual intercourse with person to whom related. |
| 831.01 | 3rd | Forgery. |
| 831.02 | 3rd | Uttering forged instrument; utters or publishes alteration with intent to defraud. |
| 831.07 | 3rd | Forging bank bills, checks, drafts, or promissory notes. |
| 831.08 | 3rd | Possessing 10 or more forged notes, bills, checks, or drafts. |
| 831.09 | 3rd | Uttering forged notes, bills, checks, drafts, or promissory notes. |
| 831.11 | 3rd | Bringing into the state forged bank bills, checks, drafts, or notes. |
| 832.05(3)(a) | 3rd | Cashing or depositing item with intent to defraud. |
| 843.08 | 3rd | Falsely impersonating an officer. |
| 893.13(2)(a)2. | 3rd | Purchase of any s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs other than cannabis. |
| 893.147(2) | 3rd | Manufacture or delivery of drug paraphernalia. |
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(c) LEVEL 3
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| FloridaStatute | FelonyDegree | Description |
| 119.10(2)(b) | 3rd | Unlawful use of confidential information from police reports. |
| 316.066(6)(b)-(d) | 3rd | Unlawfully obtaining or using confidential crash reports. |
| 316.193(2)(b) | 3rd | Felony DUI, 3rd conviction. |
| 316.1935(2) | 3rd | Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated. |
| 319.30(4) | 3rd | Possession by junkyard of motor vehicle with identification number plate removed. |
| 319.33(1)(a) | 3rd | Alter or forge any certificate of title to a motor vehicle or mobile home. |
| 319.33(1)(c) | 3rd | Procure or pass title on stolen vehicle. |
| 319.33(4) | 3rd | With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration. |
| 327.35(2)(b) | 3rd | Felony BUI. |
| 328.05(2) | 3rd | Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels. |
| 328.07(4) | 3rd | Manufacture, exchange, or possess vessel with counterfeit or wrong ID number. |
| 370.12(1)(e)5. | 3rd | Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act. |
| 370.12(1)(e)6. | 3rd | Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act. |
| 376.302(5) | 3rd | Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund. |
| 400.903(3) | 3rd | Operating a clinic without a license or filing false license application or other required information. |
| 440.1051(3) | 3rd | False report of workers' compensation fraud or retaliation for making such a report. |
| 501.001(2)(b) | 2nd | Tampers with a consumer product or the container using materially false/misleading information. |
| 624.401(4)(a) | 3rd | Transacting insurance without a certificate of authority. |
| 624.401(4)(b)1. | 3rd | Transacting insurance without a certificate of authority; premium collected less than $20,000. |
| 626.902(1)(a) & (b) | 3rd | Representing an unauthorized insurer. |
| 697.08 | 3rd | Equity skimming. |
| 790.15(3) | 3rd | Person directs another to discharge firearm from a vehicle. |
| 796.05(1) | 3rd | Live on earnings of a prostitute. |
| 806.10(1) | 3rd | Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting. |
| 806.10(2) | 3rd | Interferes with or assaults firefighter in performance of duty. |
| 810.09(2)(c) | 3rd | Trespass on property other than structure or conveyance armed with firearm or dangerous weapon. |
| 812.014(2)(c)2. | 3rd | Grand theft; $5,000 or more but less than $10,000. |
| 812.0145(2)(c) | 3rd | Theft from person 65 years of age or older; $300 or more but less than $10,000. |
| 815.04(4)(b) | 2nd | Computer offense devised to defraud or obtain property. |
| 817.034(4)(a)3. | 3rd | Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000. |
| 817.233 | 3rd | Burning to defraud insurer. |
| 817.234(8)(b)-(c) | 3rd | Unlawful solicitation of persons involved in motor vehicle accidents. |
| 817.234(11)(a) | 3rd | Insurance fraud; property value less than $20,000. |
| 817.236 | 3rd | Filing a false motor vehicle insurance application. |
| 817.2361 | 3rd | Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card. |
| 817.413(2) | 3rd | Sale of used goods as new. |
| 817.505(4) | 3rd | Patient brokering. |
| 828.12(2) | 3rd | Tortures any animal with intent to inflict intense pain, serious physical injury, or death. |
| 831.28(2)(a) | 3rd | Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument. |
| 831.29 | 2nd | Possession of instruments for counterfeiting drivers' licenses or identification cards. |
| 838.021(3)(b) | 3rd | Threatens unlawful harm to public servant. |
| 843.19 | 3rd | Injure, disable, or kill police dog or horse. |
| 860.15(3) | 3rd | Overcharging for repairs and parts. |
| 870.01(2) | 3rd | Riot; inciting or encouraging. |
| 893.13(1)(a)2. | 3rd | Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs). |
| 893.13(1)(d)2. | 2nd | Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of university. |
| 893.13(1)(f)2. | 2nd | Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of public housing facility. |
| 893.13(6)(a) | 3rd | Possession of any controlled substance other than felony possession of cannabis. |
| 893.13(7)(a)8. | 3rd | Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance. |
| 893.13(7)(a)9. | 3rd | Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc. |
| 893.13(7)(a)10. | 3rd | Affix false or forged label to package of controlled substance. |
| 893.13(7)(a)11. | 3rd | Furnish false or fraudulent material information on any document or record required by chapter 893. |
| 893.13(8)(a)1. | 3rd | Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner's practice. |
| 893.13(8)(a)2. | 3rd | Employ a trick or scheme in the practitioner's practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance. |
| 893.13(8)(a)3. | 3rd | Knowingly write a prescription for a controlled substance for a fictitious person. |
| 893.13(8)(a)4. | 3rd | Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner. |
| 918.13(1)(a) | 3rd | Alter, destroy, or conceal investigation evidence. |
| 944.47(1)(a)1.-2. | 3rd | Introduce contraband to correctional facility. |
| 944.47(1)(c) | 2nd | Possess contraband while upon the grounds of a correctional institution. |
| 985.721 | 3rd | Escapes from a juvenile facility (secure detention or residential commitment facility). |
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(e) LEVEL 5
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| FloridaStatute | FelonyDegree | Description |
| 316.027(1)(a) | 3rd | Accidents involving personal injuries, failure to stop; leaving scene. |
| 316.1935(4)(a) | 2nd | Aggravated fleeing or eluding. |
| 322.34(6) | 3rd | Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury. |
| 327.30(5) | 3rd | Vessel accidents involving personal injury; leaving scene. |
| 381.0041(11)(b) | 3rd | Donate blood, plasma, or organs knowing HIV positive. |
| 440.10(1)(g) | 2nd | Failure to obtain workers' compensation coverage. |
| 440.105(5) | 2nd | Unlawful solicitation for the purpose of making workers' compensation claims. |
| 440.381(2) | 2nd | Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers' compensation premiums. |
| 624.401(4)(b)2. | 2nd | Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000. |
| 626.902(1)(c) | 2nd | Representing an unauthorized insurer; repeat offender. |
| 790.01(2) | 3rd | Carrying a concealed firearm. |
| 790.162 | 2nd | Threat to throw or discharge destructive device. |
| 790.163(1) | 2nd | False report of deadly explosive or weapon of mass destruction. |
| 790.221(1) | 2nd | Possession of short-barreled shotgun or machine gun. |
| 790.23 | 2nd | Felons in possession of firearms, ammunition, or electronic weapons or devices. |
| 800.04(6)(c) | 3rd | Lewd or lascivious conduct; offender less than 18 years. |
| 800.04(7)(c) | 2nd | Lewd or lascivious exhibition; offender 18 years or older. |
| 806.111(1) | 3rd | Possess, manufacture, or dispense fire bomb with intent to damage any structure or property. |
| 812.0145(2)(b) | 2nd | Theft from person 65 years of age or older; $10,000 or more but less than $50,000. |
| 812.015(8) | 3rd | Retail theft; property stolen is valued at $300 or more and one or more specified acts. |
| 812.019(1) | 2nd | Stolen property; dealing in or trafficking in. |
| 812.131(2)(b) | 3rd | Robbery by sudden snatching. |
| 812.16(2) | 3rd | Owning, operating, or conducting a chop shop. |
| 817.034(4)(a)2. | 2nd | Communications fraud, value $20,000 to $50,000. |
| 817.234(11)(b) | 2nd | Insurance fraud; property value $20,000 or more but less than $100,000. |
| 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. |
| 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. |
| 817.625(2)(b) | 2nd | Second or subsequent fraudulent use of scanning device or reencoder. |
| 825.1025(4) | 3rd | Lewd or lascivious exhibition in the presence of an elderly person or disabled adult. |
| 827.071(4) | 2nd | Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child. |
| 827.071(5) | 3rd | Possess any photographic material, motion picture, etc., which includes sexual conduct by a child. |
| 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. |
| 843.01 | 3rd | Resist officer with violence to person; resist arrest with violence. |
| 847.0137(2)&(3) | 3rd | Transmission of pornography by electronic device or equipment. |
| 847.0138(2)&(3) | 3rd | Transmission of material harmful to minors to a minor by electronic device or equipment. |
| 874.05(2) | 2nd | Encouraging or recruiting another to join a criminal street gang; second or subsequent offense. |
| 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). |
| 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. |
| 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. |
| 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. |
| 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. |
| 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). |
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Section 4. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.