Florida Senate - 2011                                     SB 794
       
       
       
       By Senator Diaz de la Portilla
       
       
       
       
       36-01069-11                                            2011794__
    1                        A bill to be entitled                      
    2         An act relating to drug abuse prevention and control;
    3         amending s. 893.13, F.S.; adding transactions of a
    4         controlled substance near a homeless shelter to the
    5         list of prohibited acts; providing an effective date.
    6  
    7  Be It Enacted by the Legislature of the State of Florida:
    8  
    9         Section 1. Paragraph (e) of subsection (1) of section
   10  893.13, Florida Statutes, is amended to read:
   11         893.13 Prohibited acts; penalties.—
   12         (1)
   13         (e) Except as authorized by this chapter, it is unlawful
   14  for any person to sell, manufacture, or deliver, or possess with
   15  intent to sell, manufacture, or deliver, a controlled substance
   16  not authorized by law in, on, or within 1,000 feet of a physical
   17  place for worship at which a church or religious organization
   18  regularly conducts religious services, or within 1,000 feet of a
   19  convenience business as defined in s. 812.171, or within 1,000
   20  feet of a shelter for the homeless as defined in s. 414.0252.
   21  Any person who violates this paragraph with respect to:
   22         1. A controlled substance named or described in s.
   23  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
   24  commits a felony of the first degree, punishable as provided in
   25  s. 775.082, s. 775.083, or s. 775.084.
   26         2. A controlled substance named or described in s.
   27  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
   28  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
   29  the second degree, punishable as provided in s. 775.082, s.
   30  775.083, or s. 775.084.
   31         3. Any other controlled substance, except as lawfully sold,
   32  manufactured, or delivered, must be sentenced to pay a $500 fine
   33  and to serve 100 hours of public service in addition to any
   34  other penalty prescribed by law.
   35         Section 2. This act shall take effect July 1, 2011.