1 | Representative Clemens offered the following: |
2 |
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3 | Substitute Amendment for Amendment (480407) (with directory |
4 | and title amendments) |
5 | Remove lines 288-324 and insert: |
6 | (3) Any person who delivers, without consideration, not |
7 | more than 20 grams of cannabis, as defined in this chapter, |
8 | commits a misdemeanor of the second first degree, punishable as |
9 | provided 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 |
11 | purposes of this paragraph, "cannabis" does not include the |
12 | resin extracted from the plants of the genus Cannabis or any |
13 | compound manufacture, salt, derivative, mixture, or preparation |
14 | of such resin. The clerk shall remit 50 percent of the fines |
15 | imposed under this subsection to the Department of Revenue for |
16 | deposit into the General Revenue Fund. It is the intent of the |
17 | Legislature that, to the greatest extent practicable, a person |
18 | be issued a notice to appear for violations of this subsection. |
19 | (4) Except as authorized by this chapter, it is unlawful |
20 | for any person 18 years of age or older to deliver any |
21 | controlled substance to a person under the age of 18 years, or |
22 | to use or hire a person under the age of 18 years as an agent or |
23 | employee in the sale or delivery of such a substance, or to use |
24 | such person to assist in avoiding detection or apprehension for |
25 | a violation of this chapter. Any person who violates this |
26 | provision with respect to: |
27 | (a) A controlled substance named or described in s. |
28 | 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., |
29 | commits a felony of the first degree, punishable as provided in |
30 | s. 775.082, s. 775.083, or s. 775.084. |
31 | (b) A controlled substance named or described in s. |
32 | 893.03(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 |
34 | the second degree, punishable as provided in s. 775.082, s. |
35 | 775.083, or s. 775.084. |
36 |
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37 | Imposition of sentence may not be suspended or deferred, nor |
38 | shall the person so convicted be placed on probation. |
39 | (5) It is unlawful for any person to bring into this state |
40 | any controlled substance unless the possession of such |
41 | controlled substance is authorized by this chapter or unless |
42 | such person is licensed to do so by the appropriate federal |
43 | agency. Any person who violates this provision with respect to: |
44 | (a) A controlled substance named or described in s. |
45 | 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., |
46 | commits a felony of the second degree, punishable as provided in |
47 | s. 775.082, s. 775.083, or s. 775.084. |
48 | (b) A controlled substance named or described in s. |
49 | 893.03(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 |
51 | the third degree, punishable as provided in s. 775.082, s. |
52 | 775.083, or s. 775.084. |
53 | (c) A controlled substance named or described in s. |
54 | 893.03(5) commits a misdemeanor of the first degree, punishable |
55 | as provided in s. 775.082 or s. 775.083. |
56 | (6) |
57 | (b) If the offense is the possession of not more than 20 |
58 | grams of cannabis, as defined in this chapter, the person |
59 | commits a misdemeanor of the second first degree, punishable as |
60 | provided 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. |
62 | For the purposes of this subsection, "cannabis" does not include |
63 | the resin extracted from the plants of the genus Cannabis, or |
64 | any compound manufacture, salt, derivative, mixture, or |
65 | preparation of such resin. The clerk shall remit 50 percent of |
66 | the fines imposed under this subsection to the Department of |
67 | Revenue for deposit into the General Revenue Fund. It is the |
68 | intent of the Legislature that, to the greatest extent |
69 | practicable, a person be issued a notice to appear for |
70 | violations of this paragraph. |
71 | (11) It is the intent of the Legislature that, to the |
72 | greatest extent practicable, a person be issued a notice to |
73 | appear for any misdemeanor violation of this section. |
74 |
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75 | ----------------------------------------------------- |
76 | 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 |
81 | incorporating the amendment made by this act to section 893.03, |
82 | Florida Statutes, in references thereto, subsections (1), (2), |
83 | (4), and (5) are reenacted, to read: |
84 |
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85 | ----------------------------------------------------- |
86 | T I T L E A M E N D M E N T |
87 | Between lines 4 and 5, insert: |
88 | amending s. 893.13, F.S.; revising the penalties for |
89 | certain offenses involving the delivery or possession of |
90 | cannabis; providing for the deposit of certain fines in |
91 | the General Revenue Fund; providing that, to the greatest |
92 | extent practicable, a person be issued a notice to appear |
93 | for certain misdemeanor violations; |