Amendment
Bill No. CS/HB 1039
Amendment No. 589985
CHAMBER ACTION
Senate House
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1Representative Clemens offered the following:
2
3     Substitute Amendment for Amendment (480407) (with directory
4and title amendments)
5     Remove lines 288-324 and insert:
6     (3)  Any person who delivers, without consideration, not
7more than 20 grams of cannabis, as defined in this chapter,
8commits a misdemeanor of the second first degree, punishable as
9provided in s. 775.082, and shall be ordered to pay a fine of
10$500 in addition to any fine pursuant to or s.775.083. For the
11purposes of this paragraph, "cannabis" does not include the
12resin extracted from the plants of the genus Cannabis or any
13compound manufacture, salt, derivative, mixture, or preparation
14of such resin. The clerk shall remit 50 percent of the fines
15imposed under this subsection to the Department of Revenue for
16deposit into the General Revenue Fund. It is the intent of the
17Legislature that, to the greatest extent practicable, a person
18be issued a notice to appear for violations of this subsection.
19     (4)  Except as authorized by this chapter, it is unlawful
20for any person 18 years of age or older to deliver any
21controlled substance to a person under the age of 18 years, or
22to use or hire a person under the age of 18 years as an agent or
23employee in the sale or delivery of such a substance, or to use
24such person to assist in avoiding detection or apprehension for
25a violation of this chapter. Any person who violates this
26provision with respect to:
27     (a)  A controlled substance named or described in s.
28893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
29commits a felony of the first degree, punishable as provided in
30s. 775.082, s. 775.083, or s. 775.084.
31     (b)  A controlled substance named or described in s.
32893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
33(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
34the second degree, punishable as provided in s. 775.082, s.
35775.083, or s. 775.084.
36
37Imposition of sentence may not be suspended or deferred, nor
38shall the person so convicted be placed on probation.
39     (5)  It is unlawful for any person to bring into this state
40any controlled substance unless the possession of such
41controlled substance is authorized by this chapter or unless
42such person is licensed to do so by the appropriate federal
43agency. Any person who violates this provision with respect to:
44     (a)  A controlled substance named or described in s.
45893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
46commits a felony of the second degree, punishable as provided in
47s. 775.082, s. 775.083, or s. 775.084.
48     (b)  A controlled substance named or described in s.
49893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
50(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
51the third degree, punishable as provided in s. 775.082, s.
52775.083, or s. 775.084.
53     (c)  A controlled substance named or described in s.
54893.03(5) commits a misdemeanor of the first degree, punishable
55as provided in s. 775.082 or s. 775.083.
56     (6)
57     (b)  If the offense is the possession of not more than 20
58grams of cannabis, as defined in this chapter, the person
59commits a misdemeanor of the second first degree, punishable as
60provided in s. 775.082 and shall be ordered to pay a fine of
61$500 in addition to any fine imposed pursuant to or s. 775.083.
62For the purposes of this subsection, "cannabis" does not include
63the  resin extracted from the plants of the genus Cannabis, or
64any compound manufacture, salt, derivative, mixture, or
65preparation of such resin. The clerk shall remit 50 percent of
66the fines imposed under this subsection to the Department of
67Revenue for deposit into the General Revenue Fund. It is the
68intent of the Legislature that, to the greatest extent
69practicable, a person be issued a notice to appear for
70violations of this paragraph.
71     (11)  It is the intent of the Legislature that, to the
72greatest extent practicable, a person be issued a notice to
73appear for any misdemeanor violation of this section.
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D I R E C T O R Y  A M E N D M E N T
77     Remove lines 100-103 and insert:
78     Section 2.  Subsection (3) and paragraph (b) of subsection
79(6) of section 893.13, Florida Statutes, are amended, subsection
80(11) is added to that section, and, for the purpose of
81incorporating the amendment made by this act to section 893.03,
82Florida Statutes, in references thereto, subsections (1), (2),
83(4), and (5) are reenacted, to read:
84
85
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86
T I T L E  A M E N D M E N T
87     Between lines 4 and 5, insert:
88amending s. 893.13, F.S.; revising the penalties for
89certain offenses involving the delivery or possession of
90cannabis; providing for the deposit of certain fines in
91the General Revenue Fund; providing that, to the greatest
92extent practicable, a person be issued a notice to appear
93for certain misdemeanor violations;


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