_h0897_

HB 897

A bill to be entitled

An act relating to controlled substances; amending s.

893.13, F.S.; prohibiting specified offenses within 1,000

feet of the real property comprising a homeless shelter;

defining the term "homeless shelter"; providing criminal

penalties; amending s. 921.0022, F.S.; ranking offenses on

the offense severity ranking chart of the Criminal

Punishment Code; providing an effective date.

Be It Enacted by the Legislature of the State of Florida:

Section 1. Paragraph (i) is added to subsection (1) of

section 893.13, Florida Statutes, to read:

893.13 Prohibited acts; penalties.-

(1)

(i) Except as authorized by this chapter, it is unlawful

for any person to sell, manufacture, or deliver, or possess with

intent to sell, manufacture, or deliver, a controlled substance

in, on, or within 1,000 feet of the real property comprising a

homeless shelter. As used in this paragraph, the term "homeless

shelter" means a supervised publicly or privately operated

shelter designed to provide temporary living accommodations for

persons who otherwise lack a fixed, regular, and adequate

nighttime residence. Any person who violates this paragraph with

respect to:

1. A controlled substance named or described in s.

893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.

commits a felony of the first degree, punishable as provided in

s. 775.082, s. 775.083, or s. 775.084.

2. A controlled substance named or described in 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) commits a felony of

the second degree, punishable as provided in s. 775.082, s.

775.083, or s. 775.084.

Section 2. Paragraphs (c) and (e) of subsection (3) of

section 921.0022, Florida Statutes, are amended to read:

921.0022 Criminal Punishment Code; offense severity

ranking chart.-

(3) OFFENSE SEVERITY RANKING CHART

FloridaStatute

FelonyDegree

Description

119.10(2)(b)

3rd

Unlawful use of confidential information from police reports.

316.066 (4)(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.

376.302(5)

3rd

Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.

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.

379.2431 (1)(e)6.

3rd

Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.

400.9935(4)

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(1)(i)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 homeless shelter.

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.

100

944.47 (1)(a)1.-2.

3rd

Introduce contraband to correctional facility.

101

944.47(1)(c)

2nd

Possess contraband while upon the grounds of a correctional institution.

102

985.721

3rd

Escapes from a juvenile facility (secure detention or residential commitment facility).

103

104

(e) LEVEL 5

105

FloridaStatute

FelonyDegree

Description

106

316.027(1)(a)

3rd

Accidents involving personal injuries, failure to stop; leaving scene.

107

316.1935(4)(a)

2nd

Aggravated fleeing or eluding.

108

322.34(6)

3rd

Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.

109

327.30(5)

3rd

Vessel accidents involving personal injury; leaving scene.

110

381.0041(11)(b)

3rd

Donate blood, plasma, or organs knowing HIV positive.

111

440.10(1)(g)

2nd

Failure to obtain workers' compensation coverage.

112

440.105(5)

2nd

Unlawful solicitation for the purpose of making workers' compensation claims.

113

440.381(2)

2nd

Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers' compensation premiums.

114

624.401(4)(b)2.

2nd

Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.

115

626.902(1)(c)

2nd

Representing an unauthorized insurer; repeat offender.

116

790.01(2)

3rd

Carrying a concealed firearm.

117

790.162

2nd

Threat to throw or discharge destructive device.

118

790.163(1)

2nd

False report of deadly explosive or weapon of mass destruction.

119

790.221(1)

2nd

Possession of short-barreled shotgun or machine gun.

120

790.23

2nd

Felons in possession of firearms, ammunition, or electronic weapons or devices.

121

800.04(6)(c)

3rd

Lewd or lascivious conduct; offender less than 18 years.

122

800.04(7)(b)

2nd

Lewd or lascivious exhibition; offender 18 years or older.

123

806.111(1)

3rd

Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.

124

812.0145(2)(b)

2nd

Theft from person 65 years of age or older; $10,000 or more but less than $50,000.

125

812.015(8)

3rd

Retail theft; property stolen is valued at $300 or more and one or more specified acts.

126

812.019(1)

2nd

Stolen property; dealing in or trafficking in.

127

812.131(2)(b)

3rd

Robbery by sudden snatching.

128

812.16(2)

3rd

Owning, operating, or conducting a chop shop.

129

817.034(4)(a)2.

2nd

Communications fraud, value $20,000 to $50,000.

130

817.234(11)(b)

2nd

Insurance fraud; property value $20,000 or more but less than $100,000.

131

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.

132

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.

133

817.625(2)(b)

2nd

Second or subsequent fraudulent use of scanning device or reencoder.

134

825.1025(4)

3rd

Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.

135

827.071(4)

2nd

Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.

136

827.071(5)

3rd

Possess any photographic material, motion picture, etc., which includes sexual conduct by a child.

137

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.

138

843.01

3rd

Resist officer with violence to person; resist arrest with violence.

139

847.0135(5)(b)

2nd

Lewd or lascivious exhibition using computer; offender 18 years or older.

140

847.0137 (2) & (3)

3rd

Transmission of pornography by electronic device or equipment.

141

847.0138 (2) & (3)

3rd

Transmission of material harmful to minors to a minor by electronic device or equipment.

142

874.05(2)

2nd

Encouraging or recruiting another to join a criminal gang; second or subsequent offense.

143

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).

144

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.

145

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.

146

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.

147

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.

148

893.13(1)(i)1.

1st

Sell, manufacture, or deliver s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs within 1,000 feet of homeless shelter.

149

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).

150

893.1351(1)

3rd

Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.

151

152

Section 3. This act shall take effect July 1, 2011.

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