Florida Senate - 2011                                    SB 1886
       
       
       
       By Senator Wise
       
       
       
       
       5-01278-11                                            20111886__
    1                        A bill to be entitled                      
    2         An act relating to controlled substances; amending s.
    3         893.03, F.S.; including certain hallucinogenic
    4         substances on the list of controlled substances in
    5         Schedule I; reenacting ss. 893.13(1), (2), (4), and
    6         (5), 893.135(1)(l), and 921.0022(3)(b), (c), and (e),
    7         F.S., relating to prohibited acts and penalties
    8         regarding controlled substances and the offense
    9         severity chart of the Criminal Punishment Code, to
   10         incorporate the amendment to s. 893.03, F.S., in
   11         references thereto; providing an effective date.
   12  
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Paragraph (c) of subsection (1) of section
   16  893.03, Florida Statutes, is amended to read:
   17         893.03 Standards and schedules.—The substances enumerated
   18  in this section are controlled by this chapter. The controlled
   19  substances listed or to be listed in Schedules I, II, III, IV,
   20  and V are included by whatever official, common, usual,
   21  chemical, or trade name designated. The provisions of this
   22  section shall not be construed to include within any of the
   23  schedules contained in this section any excluded drugs listed
   24  within the purview of 21 C.F.R. s. 1308.22, styled “Excluded
   25  Substances”; 21 C.F.R. s. 1308.24, styled “Exempt Chemical
   26  Preparations”; 21 C.F.R. s. 1308.32, styled “Exempted
   27  Prescription Products”; or 21 C.F.R. s. 1308.34, styled “Exempt
   28  Anabolic Steroid Products.”
   29         (1) SCHEDULE I.—A substance in Schedule I has a high
   30  potential for abuse and has no currently accepted medical use in
   31  treatment in the United States and in its use under medical
   32  supervision does not meet accepted safety standards. The
   33  following substances are controlled in Schedule I:
   34         (c) Unless specifically excepted or unless listed in
   35  another schedule, any material, compound, mixture, or
   36  preparation which contains any quantity of the following
   37  hallucinogenic substances or which contains any of their salts,
   38  isomers, and salts of isomers, whenever the existence of such
   39  salts, isomers, and salts of isomers is possible within the
   40  specific chemical designation:
   41         1. Alpha-ethyltryptamine.
   42         2. 2-Amino-4-methyl-5-phenyl-2-oxazoline (4
   43  methylaminorex).
   44         3. 2-Amino-5-phenyl-2-oxazoline (Aminorex).
   45         4. 4-Bromo-2,5-dimethoxyamphetamine.
   46         5. 4-Bromo-2, 5-dimethoxyphenethylamine.
   47         6. Bufotenine.
   48         7. Cannabis.
   49         8. Cathinone.
   50         9. Diethyltryptamine.
   51         10. 2,5-Dimethoxyamphetamine.
   52         11. 2,5-Dimethoxy-4-ethylamphetamine (DOET).
   53         12. Dimethyltryptamine.
   54         13. N-Ethyl-1-phenylcyclohexylamine (PCE) (Ethylamine
   55  analog of phencyclidine).
   56         14. N-Ethyl-3-piperidyl benzilate.
   57         15. N-ethylamphetamine.
   58         16. Fenethylline.
   59         17. N-Hydroxy-3,4-methylenedioxyamphetamine.
   60         18. Ibogaine.
   61         19. Lysergic acid diethylamide (LSD).
   62         20. Mescaline.
   63         21. Methcathinone.
   64         22. 5-Methoxy-3,4-methylenedioxyamphetamine.
   65         23. 4-methoxyamphetamine.
   66         24. 4-methoxymethamphetamine.
   67         25. 4-Methyl-2,5-dimethoxyamphetamine.
   68         26. 3,4-Methylenedioxy-N-ethylamphetamine.
   69         27. 3,4-Methylenedioxyamphetamine.
   70         28. N-Methyl-3-piperidyl benzilate.
   71         29. N,N-dimethylamphetamine.
   72         30. Parahexyl.
   73         31. Peyote.
   74         32. N-(1-Phenylcyclohexyl)-pyrrolidine (PCPY) (Pyrrolidine
   75  analog of phencyclidine).
   76         33. Psilocybin.
   77         34. Psilocyn.
   78         35. Salvia divinorum, except for any drug product approved
   79  by the United States Food and Drug Administration which contains
   80  Salvia divinorum or its isomers, esters, ethers, salts, and
   81  salts of isomers, esters, and ethers, whenever the existence of
   82  such isomers, esters, ethers, and salts is possible within the
   83  specific chemical designation.
   84         36. Salvinorin A, except for any drug product approved by
   85  the United States Food and Drug Administration which contains
   86  Salvinorin A or its isomers, esters, ethers, salts, and salts of
   87  isomers, esters, and ethers, whenever the existence of such
   88  isomers, esters, ethers, and salts is possible within the
   89  specific chemical designation.
   90         37. Tetrahydrocannabinols.
   91         38. 1-[1-(2-Thienyl)-cyclohexyl]-piperidine (TCP)
   92  (Thiophene analog of phencyclidine).
   93         39. 3,4,5-Trimethoxyamphetamine.
   94         40.3,4-Methylenedioxymethcathinone (Methylone).
   95         41.3,4-Methylenedioxypyrovalerone (MDPV).
   96         42.4-Methylmethcathinone (Mephedrone).
   97         43.3-Methoxymethcathinone.
   98         44.3-Fluoromethcathinone.
   99         45.4-Fluoromethcathinone (Flephedrone).
  100         Section 2. For the purpose of incorporating the amendment
  101  made by this act to section 893.03, Florida Statutes, in
  102  references thereto, subsections (1), (2), (4), and (5) of
  103  section 893.13, Florida Statutes, are reenacted to read:
  104         893.13 Prohibited acts; penalties.—
  105         (1)(a) Except as authorized by this chapter and chapter
  106  499, it is unlawful for any person to sell, manufacture, or
  107  deliver, or possess with intent to sell, manufacture, or
  108  deliver, a controlled substance. Any person who violates this
  109  provision with respect to:
  110         1. A controlled substance named or described in s.
  111  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
  112  commits a felony of the second degree, punishable as provided in
  113  s. 775.082, s. 775.083, or s. 775.084.
  114         2. A controlled substance named or described in s.
  115  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  116  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  117  the third degree, punishable as provided in s. 775.082, s.
  118  775.083, or s. 775.084.
  119         3. A controlled substance named or described in s.
  120  893.03(5) commits a misdemeanor of the first degree, punishable
  121  as provided in s. 775.082 or s. 775.083.
  122         (b) Except as provided in this chapter, it is unlawful to
  123  sell or deliver in excess of 10 grams of any substance named or
  124  described in s. 893.03(1)(a) or (1)(b), or any combination
  125  thereof, or any mixture containing any such substance. Any
  126  person who violates this paragraph commits a felony of the first
  127  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  128  775.084.
  129         (c) Except as authorized by this chapter, it is unlawful
  130  for any person to sell, manufacture, or deliver, or possess with
  131  intent to sell, manufacture, or deliver, a controlled substance
  132  in, on, or within 1,000 feet of the real property comprising a
  133  child care facility as defined in s. 402.302 or a public or
  134  private elementary, middle, or secondary school between the
  135  hours of 6 a.m. and 12 midnight, or at any time in, on, or
  136  within 1,000 feet of real property comprising a state, county,
  137  or municipal park, a community center, or a publicly owned
  138  recreational facility. For the purposes of this paragraph, the
  139  term “community center” means a facility operated by a nonprofit
  140  community-based organization for the provision of recreational,
  141  social, or educational services to the public. Any person who
  142  violates this paragraph with respect to:
  143         1. A controlled substance named or described in s.
  144  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
  145  commits a felony of the first degree, punishable as provided in
  146  s. 775.082, s. 775.083, or s. 775.084. The defendant must be
  147  sentenced to a minimum term of imprisonment of 3 calendar years
  148  unless the offense was committed within 1,000 feet of the real
  149  property comprising a child care facility as defined in s.
  150  402.302.
  151         2. A controlled substance named or described in s.
  152  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  153  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  154  the second degree, punishable as provided in s. 775.082, s.
  155  775.083, or s. 775.084.
  156         3. Any other controlled substance, except as lawfully sold,
  157  manufactured, or delivered, must be sentenced to pay a $500 fine
  158  and to serve 100 hours of public service in addition to any
  159  other penalty prescribed by law.
  160  
  161  This paragraph does not apply to a child care facility unless
  162  the owner or operator of the facility posts a sign that is not
  163  less than 2 square feet in size with a word legend identifying
  164  the facility as a licensed child care facility and that is
  165  posted on the property of the child care facility in a
  166  conspicuous place where the sign is reasonably visible to the
  167  public.
  168         (d) Except as authorized by this chapter, it is unlawful
  169  for any person to sell, manufacture, or deliver, or possess with
  170  intent to sell, manufacture, or deliver, a controlled substance
  171  in, on, or within 1,000 feet of the real property comprising a
  172  public or private college, university, or other postsecondary
  173  educational institution. Any person who violates this paragraph
  174  with respect to:
  175         1. A controlled substance named or described in s.
  176  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
  177  commits a felony of the first degree, punishable as provided in
  178  s. 775.082, s. 775.083, or s. 775.084.
  179         2. A controlled substance named or described in s.
  180  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  181  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  182  the second degree, punishable as provided in s. 775.082, s.
  183  775.083, or s. 775.084.
  184         3. Any other controlled substance, except as lawfully sold,
  185  manufactured, or delivered, must be sentenced to pay a $500 fine
  186  and to serve 100 hours of public service in addition to any
  187  other penalty prescribed by law.
  188         (e) Except as authorized by this chapter, it is unlawful
  189  for any person to sell, manufacture, or deliver, or possess with
  190  intent to sell, manufacture, or deliver, a controlled substance
  191  not authorized by law in, on, or within 1,000 feet of a physical
  192  place for worship at which a church or religious organization
  193  regularly conducts religious services or within 1,000 feet of a
  194  convenience business as defined in s. 812.171. Any person who
  195  violates this paragraph with respect to:
  196         1. A controlled substance named or described in s.
  197  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
  198  commits a felony of the first degree, punishable as provided in
  199  s. 775.082, s. 775.083, or s. 775.084.
  200         2. A controlled substance named or described in s.
  201  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  202  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  203  the second degree, punishable as provided in s. 775.082, s.
  204  775.083, or s. 775.084.
  205         3. Any other controlled substance, except as lawfully sold,
  206  manufactured, or delivered, must be sentenced to pay a $500 fine
  207  and to serve 100 hours of public service in addition to any
  208  other penalty prescribed by law.
  209         (f) Except as authorized by this chapter, it is unlawful
  210  for any person to sell, manufacture, or deliver, or possess with
  211  intent to sell, manufacture, or deliver, a controlled substance
  212  in, on, or within 1,000 feet of the real property comprising a
  213  public housing facility at any time. For purposes of this
  214  section, the term “real property comprising a public housing
  215  facility” means real property, as defined in s. 421.03(12), of a
  216  public corporation created as a housing authority pursuant to
  217  part I of chapter 421. Any person who violates this paragraph
  218  with respect to:
  219         1. A controlled substance named or described in s.
  220  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
  221  commits a felony of the first degree, punishable as provided in
  222  s. 775.082, s. 775.083, or s. 775.084.
  223         2. A controlled substance named or described in s.
  224  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  225  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  226  the second degree, punishable as provided in s. 775.082, s.
  227  775.083, or s. 775.084.
  228         3. Any other controlled substance, except as lawfully sold,
  229  manufactured, or delivered, must be sentenced to pay a $500 fine
  230  and to serve 100 hours of public service in addition to any
  231  other penalty prescribed by law.
  232         (g) Except as authorized by this chapter, it is unlawful
  233  for any person to manufacture methamphetamine or phencyclidine,
  234  or possess any listed chemical as defined in s. 893.033 in
  235  violation of s. 893.149 and with intent to manufacture
  236  methamphetamine or phencyclidine. If any person violates this
  237  paragraph and:
  238         1. The commission or attempted commission of the crime
  239  occurs in a structure or conveyance where any child under 16
  240  years of age is present, the person commits a felony of the
  241  first degree, punishable as provided in s. 775.082, s. 775.083,
  242  or s. 775.084. In addition, the defendant must be sentenced to a
  243  minimum term of imprisonment of 5 calendar years.
  244         2. The commission of the crime causes any child under 16
  245  years of age to suffer great bodily harm, the person commits a
  246  felony of the first degree, punishable as provided in s.
  247  775.082, s. 775.083, or s. 775.084. In addition, the defendant
  248  must be sentenced to a minimum term of imprisonment of 10
  249  calendar years.
  250         (h) Except as authorized by this chapter, it is unlawful
  251  for any person to sell, manufacture, or deliver, or possess with
  252  intent to sell, manufacture, or deliver, a controlled substance
  253  in, on, or within 1,000 feet of the real property comprising an
  254  assisted living facility, as that term is used in chapter 429.
  255  Any person who violates this paragraph with respect to:
  256         1. A controlled substance named or described in s.
  257  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
  258  commits a felony of the first degree, punishable as provided in
  259  s. 775.082, s. 775.083, or s. 775.084.
  260         2. A controlled substance named or described in s.
  261  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  262  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  263  the second degree, punishable as provided in s. 775.082, s.
  264  775.083, or s. 775.084.
  265         (2)(a) Except as authorized by this chapter and chapter
  266  499, it is unlawful for any person to purchase, or possess with
  267  intent to purchase, a controlled substance. Any person who
  268  violates this provision with respect to:
  269         1. A controlled substance named or described in s.
  270  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
  271  commits a felony of the second degree, punishable as provided in
  272  s. 775.082, s. 775.083, or s. 775.084.
  273         2. A controlled substance named or described in s.
  274  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  275  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  276  the third degree, punishable as provided in s. 775.082, s.
  277  775.083, or s. 775.084.
  278         3. A controlled substance named or described in s.
  279  893.03(5) commits a misdemeanor of the first degree, punishable
  280  as provided in s. 775.082 or s. 775.083.
  281         (b) Except as provided in this chapter, it is unlawful to
  282  purchase in excess of 10 grams of any substance named or
  283  described in s. 893.03(1)(a) or (1)(b), or any combination
  284  thereof, or any mixture containing any such substance. Any
  285  person who violates this paragraph commits a felony of the first
  286  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  287  775.084.
  288         (4) Except as authorized by this chapter, it is unlawful
  289  for any person 18 years of age or older to deliver any
  290  controlled substance to a person under the age of 18 years, or
  291  to use or hire a person under the age of 18 years as an agent or
  292  employee in the sale or delivery of such a substance, or to use
  293  such person to assist in avoiding detection or apprehension for
  294  a violation of this chapter. Any person who violates this
  295  provision with respect to:
  296         (a) A controlled substance named or described in s.
  297  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
  298  commits a felony of the first degree, punishable as provided in
  299  s. 775.082, s. 775.083, or s. 775.084.
  300         (b) A controlled substance named or described in s.
  301  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  302  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  303  the second degree, punishable as provided in s. 775.082, s.
  304  775.083, or s. 775.084.
  305  
  306  Imposition of sentence may not be suspended or deferred, nor
  307  shall the person so convicted be placed on probation.
  308         (5) It is unlawful for any person to bring into this state
  309  any controlled substance unless the possession of such
  310  controlled substance is authorized by this chapter or unless
  311  such person is licensed to do so by the appropriate federal
  312  agency. Any person who violates this provision with respect to:
  313         (a) A controlled substance named or described in s.
  314  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
  315  commits a felony of the second degree, punishable as provided in
  316  s. 775.082, s. 775.083, or s. 775.084.
  317         (b) A controlled substance named or described in s.
  318  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  319  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  320  the third degree, punishable as provided in s. 775.082, s.
  321  775.083, or s. 775.084.
  322         (c) A controlled substance named or described in s.
  323  893.03(5) commits a misdemeanor of the first degree, punishable
  324  as provided in s. 775.082 or s. 775.083.
  325         Section 3. For the purpose of incorporating the amendment
  326  made by this act to section 893.03, Florida Statutes, in
  327  references thereto, paragraph (l) of subsection (1) of section
  328  893.135, Florida Statutes, is reenacted to read:
  329         893.135 Trafficking; mandatory sentences; suspension or
  330  reduction of sentences; conspiracy to engage in trafficking.—
  331         (1) Except as authorized in this chapter or in chapter 499
  332  and notwithstanding the provisions of s. 893.13:
  333         (l)1. Any person who knowingly sells, purchases,
  334  manufactures, delivers, or brings into this state, or who is
  335  knowingly in actual or constructive possession of, 1 gram or
  336  more of lysergic acid diethylamide (LSD) as described in s.
  337  893.03(1)(c), or of any mixture containing lysergic acid
  338  diethylamide (LSD), commits a felony of the first degree, which
  339  felony shall be known as “trafficking in lysergic acid
  340  diethylamide (LSD),” punishable as provided in s. 775.082, s.
  341  775.083, or s. 775.084. If the quantity involved:
  342         a. Is 1 gram or more, but less than 5 grams, such person
  343  shall be sentenced to a mandatory minimum term of imprisonment
  344  of 3 years, and the defendant shall be ordered to pay a fine of
  345  $50,000.
  346         b. Is 5 grams or more, but less than 7 grams, such person
  347  shall be sentenced to a mandatory minimum term of imprisonment
  348  of 7 years, and the defendant shall be ordered to pay a fine of
  349  $100,000.
  350         c. Is 7 grams or more, such person shall be sentenced to a
  351  mandatory minimum term of imprisonment of 15 calendar years and
  352  pay a fine of $500,000.
  353         2. Any person who knowingly manufactures or brings into
  354  this state 7 grams or more of lysergic acid diethylamide (LSD)
  355  as described in s. 893.03(1)(c), or any mixture containing
  356  lysergic acid diethylamide (LSD), and who knows that the
  357  probable result of such manufacture or importation would be the
  358  death of any person commits capital manufacture or importation
  359  of lysergic acid diethylamide (LSD), a capital felony punishable
  360  as provided in ss. 775.082 and 921.142. Any person sentenced for
  361  a capital felony under this paragraph shall also be sentenced to
  362  pay the maximum fine provided under subparagraph 1.
  363         Section 4. For the purpose of incorporating the amendment
  364  made by this act to section 893.03, Florida Statutes, in
  365  references thereto, paragraphs (b), (c), and (e) of subsection
  366  (3) of section 921.0022, Florida Statutes, are reenacted to
  367  read:
  368         921.0022 Criminal Punishment Code; offense severity ranking
  369  chart.—
  370         (3) OFFENSE SEVERITY RANKING CHART
  371         (b) LEVEL 2
  372  FloridaStatute   FelonyDegree                Description                 
  373  379.2431 (1)(e)3.  3rd   Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
  374  379.2431 (1)(e)4.  3rd   Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
  375  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.
  376  517.07             3rd   Registration of securities and furnishing of prospectus required.
  377  590.28(1)          3rd   Intentional burning of lands.               
  378  784.05(3)          3rd   Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
  379  787.04(1)          3rd   In violation of court order, take, entice, etc., minor beyond state limits.
  380  806.13(1)(b)3.     3rd   Criminal mischief; damage $1,000 or more to public communication or any other public service.
  381  810.061(2)         3rd   Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
  382  810.09(2)(e)       3rd   Trespassing on posted commercial horticulture property.
  383  812.014(2)(c)1.    3rd   Grand theft, 3rd degree; $300 or more but less than $5,000.
  384  812.014(2)(d)      3rd   Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.
  385  812.015(7)         3rd   Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
  386  817.234(1)(a)2.    3rd   False statement in support of insurance claim.
  387  817.481(3)(a)      3rd   Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
  388  817.52(3)          3rd   Failure to redeliver hired vehicle.         
  389  817.54             3rd   With intent to defraud, obtain mortgage note, etc., by false representation.
  390  817.60(5)          3rd   Dealing in credit cards of another.         
  391  817.60(6)(a)       3rd   Forgery; purchase goods, services with false card.
  392  817.61             3rd   Fraudulent use of credit cards over $100 or more within 6 months.
  393  826.04             3rd   Knowingly marries or has sexual intercourse with person to whom related.
  394  831.01             3rd   Forgery.                                    
  395  831.02             3rd   Uttering forged instrument; utters or publishes alteration with intent to defraud.
  396  831.07             3rd   Forging bank bills, checks, drafts, or promissory notes.
  397  831.08             3rd   Possessing 10 or more forged notes, bills, checks, or drafts.
  398  831.09             3rd   Uttering forged notes, bills, checks, drafts, or promissory notes.
  399  831.11             3rd   Bringing into the state forged bank bills, checks, drafts, or notes.
  400  832.05(3)(a)       3rd   Cashing or depositing item with intent to defraud.
  401  843.08             3rd   Falsely impersonating an officer.           
  402  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.
  403  893.147(2)         3rd   Manufacture or delivery of drug paraphernalia.
  404         (c) LEVEL 3
  405  FloridaStatute   FelonyDegree                Description                 
  406  119.10(2)(b)       3rd   Unlawful use of confidential information from police reports.
  407  316.066 (4)(b)-(d)  3rd   Unlawfully obtaining or using confidential crash reports.
  408  316.193(2)(b)      3rd   Felony DUI, 3rd conviction.                 
  409  316.1935(2)        3rd   Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
  410  319.30(4)          3rd   Possession by junkyard of motor vehicle with identification number plate removed.
  411  319.33(1)(a)       3rd   Alter or forge any certificate of title to a motor vehicle or mobile home.
  412  319.33(1)(c)       3rd   Procure or pass title on stolen vehicle.    
  413  319.33(4)          3rd   With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
  414  327.35(2)(b)       3rd   Felony BUI.                                 
  415  328.05(2)          3rd   Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
  416  328.07(4)          3rd   Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
  417  376.302(5)         3rd   Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
  418  379.2431 (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.
  419  379.2431 (1)(e)6.  3rd   Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
  420  400.9935(4)        3rd   Operating a clinic without a license or filing false license application or other required information.
  421  440.1051(3)        3rd   False report of workers’ compensation fraud or retaliation for making such a report.
  422  501.001(2)(b)      2nd   Tampers with a consumer product or the container using materially false/misleading information.
  423  624.401(4)(a)      3rd   Transacting insurance without a certificate of authority.
  424  624.401(4)(b)1.    3rd   Transacting insurance without a certificate of authority; premium collected less than $20,000.
  425  626.902(1)(a) & (b)  3rd   Representing an unauthorized insurer.       
  426  697.08             3rd   Equity skimming.                            
  427  790.15(3)          3rd   Person directs another to discharge firearm from a vehicle.
  428  796.05(1)          3rd   Live on earnings of a prostitute.           
  429  806.10(1)          3rd   Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
  430  806.10(2)          3rd   Interferes with or assaults firefighter in performance of duty.
  431  810.09(2)(c)       3rd   Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
  432  812.014(2)(c)2.    3rd   Grand theft; $5,000 or more but less than $10,000.
  433  812.0145(2)(c)     3rd   Theft from person 65 years of age or older; $300 or more but less than $10,000.
  434  815.04(4)(b)       2nd   Computer offense devised to defraud or obtain property.
  435  817.034(4)(a)3.    3rd   Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
  436  817.233            3rd   Burning to defraud insurer.                 
  437  817.234 (8)(b)-(c)  3rd   Unlawful solicitation of persons involved in motor vehicle accidents.
  438  817.234(11)(a)     3rd   Insurance fraud; property value less than $20,000.
  439  817.236            3rd   Filing a false motor vehicle insurance application.
  440  817.2361           3rd   Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
  441  817.413(2)         3rd   Sale of used goods as new.                  
  442  817.505(4)         3rd   Patient brokering.                          
  443  828.12(2)          3rd   Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
  444  831.28(2)(a)       3rd   Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
  445  831.29             2nd   Possession of instruments for counterfeiting drivers’ licenses or identification cards.
  446  838.021(3)(b)      3rd   Threatens unlawful harm to public servant.  
  447  843.19             3rd   Injure, disable, or kill police dog or horse.
  448  860.15(3)          3rd   Overcharging for repairs and parts.         
  449  870.01(2)          3rd   Riot; inciting or encouraging.              
  450  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).
  451  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.
  452  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.
  453  893.13(6)(a)       3rd   Possession of any controlled substance other than felony possession of cannabis.
  454  893.13(7)(a)8.     3rd   Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
  455  893.13(7)(a)9.     3rd   Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
  456  893.13(7)(a)10.    3rd   Affix false or forged label to package of controlled substance.
  457  893.13(7)(a)11.    3rd   Furnish false or fraudulent material information on any document or record required by chapter 893.
  458  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.
  459  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.
  460  893.13(8)(a)3.     3rd   Knowingly write a prescription for a controlled substance for a fictitious person.
  461  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.
  462  918.13(1)(a)       3rd   Alter, destroy, or conceal investigation evidence.
  463  944.47 (1)(a)1.-2.  3rd   Introduce contraband to correctional facility.
  464  944.47(1)(c)       2nd   Possess contraband while upon the grounds of a correctional institution.
  465  985.721            3rd   Escapes from a juvenile facility (secure detention or residential commitment facility).
  466         (e) LEVEL 5
  467  FloridaStatute   FelonyDegree                Description                 
  468  316.027(1)(a)      3rd   Accidents involving personal injuries, failure to stop; leaving scene.
  469  316.1935(4)(a)     2nd   Aggravated fleeing or eluding.              
  470  322.34(6)          3rd   Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
  471  327.30(5)          3rd   Vessel accidents involving personal injury; leaving scene.
  472  381.0041(11)(b)    3rd   Donate blood, plasma, or organs knowing HIV positive.
  473  440.10(1)(g)       2nd   Failure to obtain workers’ compensation coverage.
  474  440.105(5)         2nd   Unlawful solicitation for the purpose of making workers’ compensation claims.
  475  440.381(2)         2nd   Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
  476  624.401(4)(b)2.    2nd   Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
  477  626.902(1)(c)      2nd   Representing an unauthorized insurer; repeat offender.
  478  790.01(2)          3rd   Carrying a concealed firearm.               
  479  790.162            2nd   Threat to throw or discharge destructive device.
  480  790.163(1)         2nd   False report of deadly explosive or weapon of mass destruction.
  481  790.221(1)         2nd   Possession of short-barreled shotgun or machine gun.
  482  790.23             2nd   Felons in possession of firearms, ammunition, or electronic weapons or devices.
  483  800.04(6)(c)       3rd   Lewd or lascivious conduct; offender less than 18 years.
  484  800.04(7)(b)       2nd   Lewd or lascivious exhibition; offender 18 years or older.
  485  806.111(1)         3rd   Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
  486  812.0145(2)(b)     2nd   Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
  487  812.015(8)         3rd   Retail theft; property stolen is valued at $300 or more and one or more specified acts.
  488  812.019(1)         2nd   Stolen property; dealing in or trafficking in.
  489  812.131(2)(b)      3rd   Robbery by sudden snatching.                
  490  812.16(2)          3rd   Owning, operating, or conducting a chop shop.
  491  817.034(4)(a)2.    2nd   Communications fraud, value $20,000 to $50,000.
  492  817.234(11)(b)     2nd   Insurance fraud; property value $20,000 or more but less than $100,000.
  493  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.
  494  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.
  495  817.625(2)(b)      2nd   Second or subsequent fraudulent use of scanning device or reencoder.
  496  825.1025(4)        3rd   Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
  497  827.071(4)         2nd   Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
  498  827.071(5)         3rd   Possess any photographic material, motion picture, etc., which includes sexual conduct by a child.
  499  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.
  500  843.01             3rd   Resist officer with violence to person; resist arrest with violence.
  501  847.0135(5)(b)     2nd   Lewd or lascivious exhibition using computer; offender 18 years or older.
  502  847.0137 (2) & (3)  3rd   Transmission of pornography by electronic device or equipment.
  503  847.0138 (2) & (3)  3rd   Transmission of material harmful to minors to a minor by electronic device or equipment.
  504  874.05(2)          2nd   Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
  505  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).
  506  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.
  507  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.
  508  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.
  509  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.
  510  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).
  511  893.1351(1)        3rd   Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
  512         Section 5. This act shall take effect July 1, 2011.