Florida Senate - 2012                                    SB 1502
       
       
       
       By Senator Evers
       
       
       
       
       2-01108B-12                                           20121502__
    1                        A bill to be entitled                      
    2         An act relating to controlled substances; amending s.
    3         893.03, F.S.; adding to the list of Schedule I
    4         controlled substances certain specified materials,
    5         compounds, mixtures, or preparations that contain
    6         hallucinogenic substances or that contain any of these
    7         substances’ salts, isomers, and salts of isomers, if
    8         the existence of such salts, isomers, and salts of
    9         isomers is possible within the specific chemical
   10         designation; reenacting ss. 893.13(1)-(6) and
   11         921.0022(3)(b)-(e), F.S., relating to prohibited acts
   12         involving controlled substances and the Criminal
   13         Punishment Code, respectively, to incorporate the
   14         amendments made to s. 893.03, F.S., in references
   15         thereto; providing an effective date.
   16  
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Paragraph (c) of subsection (1) of section
   20  893.03, Florida Statutes, is amended to read:
   21         893.03 Standards and schedules.—The substances enumerated
   22  in this section are controlled by this chapter. The controlled
   23  substances listed or to be listed in Schedules I, II, III, IV,
   24  and V are included by whatever official, common, usual,
   25  chemical, or trade name designated. The provisions of this
   26  section shall not be construed to include within any of the
   27  schedules contained in this section any excluded drugs listed
   28  within the purview of 21 C.F.R. s. 1308.22, styled “Excluded
   29  Substances”; 21 C.F.R. s. 1308.24, styled “Exempt Chemical
   30  Preparations”; 21 C.F.R. s. 1308.32, styled “Exempted
   31  Prescription Products”; or 21 C.F.R. s. 1308.34, styled “Exempt
   32  Anabolic Steroid Products.”
   33         (1) SCHEDULE I.—A substance in Schedule I has a high
   34  potential for abuse and has no currently accepted medical use in
   35  treatment in the United States and in its use under medical
   36  supervision does not meet accepted safety standards. The
   37  following substances are controlled in Schedule I:
   38         (c) Unless specifically excepted or unless listed in
   39  another schedule, any material, compound, mixture, or
   40  preparation that which contains any quantity of the following
   41  hallucinogenic substances or that which contains any of their
   42  salts, isomers, and salts of isomers, if whenever the existence
   43  of such salts, isomers, and salts of isomers is possible within
   44  the specific chemical designation:
   45         1. Alpha-ethyltryptamine.
   46         2. 2-Amino-4-methyl-5-phenyl-2-oxazoline (4
   47  methylaminorex).
   48         3. 2-Amino-5-phenyl-2-oxazoline (Aminorex).
   49         4. 4-Bromo-2,5-dimethoxyamphetamine.
   50         5. 4-Bromo-2, 5-dimethoxyphenethylamine.
   51         6. Bufotenine.
   52         7. Cannabis.
   53         8. Cathinone.
   54         9. Diethyltryptamine.
   55         10. 2,5-Dimethoxyamphetamine.
   56         11. 2,5-Dimethoxy-4-ethylamphetamine (DOET).
   57         12. Dimethyltryptamine.
   58         13. N-Ethyl-1-phenylcyclohexylamine (PCE) (Ethylamine
   59  analog of phencyclidine).
   60         14. N-Ethyl-3-piperidyl benzilate.
   61         15. N-ethylamphetamine.
   62         16. Fenethylline.
   63         17. N-Hydroxy-3,4-methylenedioxyamphetamine.
   64         18. Ibogaine.
   65         19. Lysergic acid diethylamide (LSD).
   66         20. Mescaline.
   67         21. Methcathinone.
   68         22. 5-Methoxy-3,4-methylenedioxyamphetamine.
   69         23. 4-methoxyamphetamine.
   70         24. 4-methoxymethamphetamine.
   71         25. 4-Methyl-2,5-dimethoxyamphetamine.
   72         26. 3,4-Methylenedioxy-N-ethylamphetamine.
   73         27. 3,4-Methylenedioxyamphetamine.
   74         28. N-Methyl-3-piperidyl benzilate.
   75         29. N,N-dimethylamphetamine.
   76         30. Parahexyl.
   77         31. Peyote.
   78         32. N-(1-Phenylcyclohexyl)-pyrrolidine (PCPY) (Pyrrolidine
   79  analog of phencyclidine).
   80         33. Psilocybin.
   81         34. Psilocyn.
   82         35. Salvia divinorum, except for any drug product approved
   83  by the United States Food and Drug Administration which contains
   84  Salvia divinorum or its isomers, esters, ethers, salts, and
   85  salts of isomers, esters, and ethers, if whenever the existence
   86  of such isomers, esters, ethers, and salts is possible within
   87  the specific chemical designation.
   88         36. Salvinorin A, except for any drug product approved by
   89  the United States Food and Drug Administration which contains
   90  Salvinorin A or its isomers, esters, ethers, salts, and salts of
   91  isomers, esters, and ethers, if whenever the existence of such
   92  isomers, esters, ethers, and salts is possible within the
   93  specific chemical designation.
   94         37. Tetrahydrocannabinols.
   95         38. 1-[1-(2-Thienyl)-cyclohexyl]-piperidine (TCP)
   96  (Thiophene analog of phencyclidine).
   97         39. 3,4,5-Trimethoxyamphetamine.
   98         40. 3,4-Methylenedioxymethcathinone.
   99         41. 3,4-Methylenedioxypyrovalerone (MDPV).
  100         42. Methylmethcathinone.
  101         43. Methoxymethcathinone.
  102         44. Fluoromethcathinone.
  103         45. Methylethcathinone.
  104         46. 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2
  105  yl)phenol, also known as CP 47,497 and its dimethyloctyl (C8)
  106  homologue.
  107         47. (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2
  108  methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo [c]chromen-1-ol,
  109  also known as HU-210.
  110         48. 1-Pentyl-3-(1-naphthoyl)indole, also known as JWH-018.
  111         49. 1-Butyl-3-(1-naphthoyl)indole, also known as JWH-073.
  112         50. 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl) indole, also
  113  known as JWH-200.
  114         51. BZP (Benzylpiperazine).
  115         52. Fluorophenylpiperazine.
  116         53. Methylphenylpiperazine.
  117         54. Chlorophenylpiperazine.
  118         55. Methoxyphenylpiperazine.
  119         56. DBZP (1,4-dibenzylpiperazine).
  120         57. TFMPP (3-Trifluoromethylphenylpiperazine).
  121         58. MBDB (Methylbenzodioxolylbutanamine).
  122         59. 5-Hydroxy-alpha-methyltryptamine.
  123         60. 5-Hydroxy-N-methyltryptamine.
  124         61. 5-Methoxy-N-methyl-N-isopropyltryptamine.
  125         62. 5-Methoxy-alpha-methyltryptamine.
  126         63. Methyltryptamine.
  127         64. 5-Methoxy-N,N-dimethyltryptamine.
  128         65. 5-Methyl-N,N-dimethyltryptamine.
  129         66. Tyramine (4-Hydroxyphenethylamine).
  130         67. 5-Methoxy-N,N-Diisopropyltryptamine.
  131         68. DiPT (N,N-Diisopropyltryptamine).
  132         69. DPT (N,N-Dipropyltryptamine).
  133         70. 4-Hydroxy-N,N-diisopropyltryptamine.
  134         71. Methoxytryptamine.
  135         72. DOI (4-Iodo-2,5-dimethoxyamphetamine).
  136         73. DOC (4-Chloro-2,5-dimethoxyamphetamine).
  137         74. 2C-E (4-Ethyl-2,5-dimethoxyphenethylamine).
  138         75. 2C-T-4 (2,5-Dimethoxy-4-isopropylthiophenethylamine).
  139         76. 2C-C (4-Chloro-2,5-dimethoxyphenethylamine).
  140         77. 2C-T (2,5-Dimethoxy-4-methylthiophenethylamine).
  141         78. 2C-T-2 (2,5-Dimethoxy-4-ethylthiophenethylamine).
  142         79. 2C-T-7 (2,5-Dimethoxy-4-propylthiophenethylamine).
  143         80. 2C-I (4-Iodo-2,5-dimethoxyphenethylamine).
  144         81. Butylone (beta-keto-N-methylbenzodioxolylpropylamine).
  145         82. Ethcathinone.
  146         83. Ethylone (3,4-methylenedioxy-N-ethylcathinone).
  147         84. Naphyrone (napthylpyrovalerone).
  148         85. N-N-Dimethyl-3,4-methylenedioxycathinone.
  149         86. N-N-Diethyl-3,4-methylenedioxycathinone.
  150         87. 3,4-methylenedioxy-propiophenone.
  151         88. 2-Bromo-3,4-Methylenedioxypropiophenone.
  152         89. 3,4-methylenedioxy-propiophenone-2-oxime.
  153         90. N-Acetyl-3,4-methylenedioxycathinone.
  154         91. N-Acetyl-N-Methyl-3,4-Methylenedioxycathinone.
  155         92. N-Acetyl-N-Ethyl-3,4-Methylenedioxycathinone.
  156         93. Bromomethcathinone.
  157         94. Buphedrone (alpha-methylamino-butyrophenone).
  158         95. Eutylone (beta-Keto-Ethylbenzodioxolylbutanamine).
  159         96. Dimethylcathinone.
  160         97. Dimethylmethcathinone.
  161         98. Pentylone (beta-Keto-Methylbenzodioxolylpentanamine).
  162         99. (MDPPP) 3,4-Methylenedioxy-alpha
  163  pyrrolidinopropiophenone.
  164         100. (MDPBP) 3,4-Methylenedioxy-alpha
  165  pyrrolidinobutiophenone.
  166         101. Methoxypyrrolidinopropiophenone (MOPPP).
  167         102. Methylpyrrolidinohexiophenone (MPHP).
  168         103. Benocyclidine (BCP) or
  169  benzothiophenylcyclohexylpiperidine (BTCP).
  170         104. Fluoromethylaminobutyrophenone (F-MABP).
  171         105. Methoxypyrrolidinobutyrophenone (MeO-PBP).
  172         106. Ethylpyrrolodinobutyrophenone (Et-PBP).
  173         107. 3-Methyl-4-Methoxymethcathinone (3-Me-4-MeO-MCAT).
  174         108. Methylethylaminobutyrophenone (Me-EABP)
  175         109. Methylaminobutyrophenone (MABP).
  176         110. Pyrrolidinopropiophenone.
  177         111. Pyrrolidinobutiophenone (PBP).
  178         112. Pyrrolidinovalerophenone (PVP).
  179         113. Methylpyrrolidinopropiophenone (MPPP).
  180         114. JWH-007 (1-pentyl-2-methyl-3-(1-naphthoyl)indole).
  181         115. JWH-015 (2-Methyl-1-propyl-1H-indol-3-yl)-1
  182  naphthalenylmethanone).
  183         116. JWH-019 (Napthanlen-1-yl-(1-pentylindol-3
  184  yl)methanone).
  185         117. JWH-020 (1-heptyl-3-(1-napthoyl)indole).
  186         118. JWH-072 (napthalen-1-yl(1-propyl-1H-indol-3
  187  yl)methanone).
  188         119. JWH-081 (4-methoxynapthalen-1-yl-(1-pentylindol-3
  189  yl)methanone).
  190         120. JHW-122 (1-Pentyl-3-(40methyl-1-naphthoyl)indole).
  191         121. JWH-133 ((6aR,10aR)-3-(1,1-Dimethylbutyl)-6a,7,10,10a
  192  tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran).
  193         122. JWH-175 (3-(napthalen-1-ylmethyl)-1-pentyl-1H-indole).
  194         123. JWH-201 (1-pentyl-3-(4-methocyphenylacetyl)indole).
  195         124. JWH-203 (2-(2-chlorophenyl)-1-(1-pentylindol-3
  196  yl)ethanone).
  197         125. JWH-210 (4-ethylnaphthalen-1-yl-(1-pentylindol-3
  198  yl)methanone).
  199         126. JWH-250 (2-(2-methoxyphenyl)-1-(1-pentylindol-3
  200  yl)ethanone).
  201         127. JWH-251 (2-(2-methylphenyl)-1-(1_pentyl-1H-indol-3
  202  yl)ethanone).
  203         128. JWH-302 (1-pentyl-3-(3-methoxyphenylacetyl)indole).
  204         129. JWH-398 (1-pentyl-3-(4-chloro-1-naphthoyl)indole).
  205         130. HU-211 ((6aS,10aS)-9-(Hydroxymethyl)-6,6-dimethyl-3
  206  (2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1
  207  ol).
  208         131. HU-308 ([91R,2R,5R-2-[2,6-dimethoxy-4-(2-methyloctan
  209  2-yl)phenyl]-7,7-dimethyl-4-bicyclo[3.1.1]hept-3-enyl]methanol).
  210         132. HU-331 (3-hydroxy-2-[(1R,6R)-3-methyl-6-(1
  211  methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-2,5-cyclohexadiene
  212  1,4-dione).
  213         133. CB-13 (Naphthalen-1-yl-(4-pentyloxynaphthalen-1
  214  yl)methanone).
  215         134. CB-25 (N-cyclopropyl-11-(3-hydroxy-5-pentylphenoxy)
  216  undecanamide).
  217         135. CB-52 (N-cyclopropyl-11-(2-hexyl-5-hydroxyphenoxy)
  218  undecanamide).
  219         136. CP55,940 (2-[(1R,2R,5R)-5-hydroxy-2-(3-hydroxypropyl)
  220  cyclohexyl]-5-(2-methyloctan-2-yl)phenol.)
  221         137. AM-694 (1-[(5-fluropentyl)-1H-indol-3-yl]-(2
  222  iodophenyl)methanone).
  223         138. AM-2201 (1-[(5-fluropentyl)-1H-indol-3-yl]
  224  (naphthalen-1-yl)methanone).
  225         139. RCS-4 ((4-methoxyphenyl) (1-pentyl-1H-indol-3
  226  yl)methanone).
  227         140. RCS-8 (1-(1-(2-cyclohexylethyl)-1H-indol-3-yl)-2-(2
  228  methoxypehnylethanonone)).
  229         141. WIN55,212-2 ((R)-(+)-[2,3-Dihydro-5-methyl-3-(4
  230  morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1
  231  napthalenylmethanone).
  232         142. WIN55,212-3 ([(3S)-2,3-Dihydro-5-methyl-3-(4
  233  morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1
  234  naphthalenylmethanone).
  235         Section 2. For the purpose of incorporating the amendment
  236  made by this act to section 893.03, Florida Statutes, in
  237  references thereto, subsections (1), (2), (3), (4), (5), and (6)
  238  of section 893.13, Florida Statutes, are reenacted to read:
  239         893.13 Prohibited acts; penalties.—
  240         (1)(a) Except as authorized by this chapter and chapter
  241  499, it is unlawful for any person to sell, manufacture, or
  242  deliver, or possess with intent to sell, manufacture, or
  243  deliver, a controlled substance. Any person who violates this
  244  provision with respect to:
  245         1. A controlled substance named or described in s.
  246  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
  247  commits a felony of the second degree, punishable as provided in
  248  s. 775.082, s. 775.083, or s. 775.084.
  249         2. A controlled substance named or described in s.
  250  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  251  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  252  the third degree, punishable as provided in s. 775.082, s.
  253  775.083, or s. 775.084.
  254         3. A controlled substance named or described in s.
  255  893.03(5) commits a misdemeanor of the first degree, punishable
  256  as provided in s. 775.082 or s. 775.083.
  257         (b) Except as provided in this chapter, it is unlawful to
  258  sell or deliver in excess of 10 grams of any substance named or
  259  described in s. 893.03(1)(a) or (1)(b), or any combination
  260  thereof, or any mixture containing any such substance. Any
  261  person who violates this paragraph commits a felony of the first
  262  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  263  775.084.
  264         (c) Except as authorized by this chapter, it is unlawful
  265  for any person to sell, manufacture, or deliver, or possess with
  266  intent to sell, manufacture, or deliver, a controlled substance
  267  in, on, or within 1,000 feet of the real property comprising a
  268  child care facility as defined in s. 402.302 or a public or
  269  private elementary, middle, or secondary school between the
  270  hours of 6 a.m. and 12 midnight, or at any time in, on, or
  271  within 1,000 feet of real property comprising a state, county,
  272  or municipal park, a community center, or a publicly owned
  273  recreational facility. For the purposes of this paragraph, the
  274  term “community center” means a facility operated by a nonprofit
  275  community-based organization for the provision of recreational,
  276  social, or educational services to the public. Any person who
  277  violates this paragraph with respect to:
  278         1. A controlled substance named or described in s.
  279  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
  280  commits a felony of the first degree, punishable as provided in
  281  s. 775.082, s. 775.083, or s. 775.084. The defendant must be
  282  sentenced to a minimum term of imprisonment of 3 calendar years
  283  unless the offense was committed within 1,000 feet of the real
  284  property comprising a child care facility as defined in s.
  285  402.302.
  286         2. A controlled substance named or described in s.
  287  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  288  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  289  the second degree, punishable as provided in s. 775.082, s.
  290  775.083, or s. 775.084.
  291         3. Any other controlled substance, except as lawfully sold,
  292  manufactured, or delivered, must be sentenced to pay a $500 fine
  293  and to serve 100 hours of public service in addition to any
  294  other penalty prescribed by law.
  295  
  296  This paragraph does not apply to a child care facility unless
  297  the owner or operator of the facility posts a sign that is not
  298  less than 2 square feet in size with a word legend identifying
  299  the facility as a licensed child care facility and that is
  300  posted on the property of the child care facility in a
  301  conspicuous place where the sign is reasonably visible to the
  302  public.
  303         (d) Except as authorized by this chapter, it is unlawful
  304  for any person to sell, manufacture, or deliver, or possess with
  305  intent to sell, manufacture, or deliver, a controlled substance
  306  in, on, or within 1,000 feet of the real property comprising a
  307  public or private college, university, or other postsecondary
  308  educational institution. Any person who violates this paragraph
  309  with respect to:
  310         1. A controlled substance named or described in s.
  311  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
  312  commits a felony of the first degree, punishable as provided in
  313  s. 775.082, s. 775.083, or s. 775.084.
  314         2. A controlled substance named or described in s.
  315  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  316  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  317  the second degree, punishable as provided in s. 775.082, s.
  318  775.083, or s. 775.084.
  319         3. Any other controlled substance, except as lawfully sold,
  320  manufactured, or delivered, must be sentenced to pay a $500 fine
  321  and to serve 100 hours of public service in addition to any
  322  other penalty prescribed by law.
  323         (e) Except as authorized by this chapter, it is unlawful
  324  for any person to sell, manufacture, or deliver, or possess with
  325  intent to sell, manufacture, or deliver, a controlled substance
  326  not authorized by law in, on, or within 1,000 feet of a physical
  327  place for worship at which a church or religious organization
  328  regularly conducts religious services or within 1,000 feet of a
  329  convenience business as defined in s. 812.171. Any person who
  330  violates this paragraph with respect to:
  331         1. A controlled substance named or described in s.
  332  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
  333  commits a felony of the first degree, punishable as provided in
  334  s. 775.082, s. 775.083, or s. 775.084.
  335         2. A controlled substance named or described in s.
  336  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  337  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  338  the second degree, punishable as provided in s. 775.082, s.
  339  775.083, or s. 775.084.
  340         3. Any other controlled substance, except as lawfully sold,
  341  manufactured, or delivered, must be sentenced to pay a $500 fine
  342  and to serve 100 hours of public service in addition to any
  343  other penalty prescribed by law.
  344         (f) Except as authorized by this chapter, it is unlawful
  345  for any person to sell, manufacture, or deliver, or possess with
  346  intent to sell, manufacture, or deliver, a controlled substance
  347  in, on, or within 1,000 feet of the real property comprising a
  348  public housing facility at any time. For purposes of this
  349  section, the term “real property comprising a public housing
  350  facility” means real property, as defined in s. 421.03(12), of a
  351  public corporation created as a housing authority pursuant to
  352  part I of chapter 421. Any person who violates this paragraph
  353  with respect to:
  354         1. A controlled substance named or described in s.
  355  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
  356  commits a felony of the first degree, punishable as provided in
  357  s. 775.082, s. 775.083, or s. 775.084.
  358         2. A controlled substance named or described in s.
  359  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  360  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  361  the second degree, punishable as provided in s. 775.082, s.
  362  775.083, or s. 775.084.
  363         3. Any other controlled substance, except as lawfully sold,
  364  manufactured, or delivered, must be sentenced to pay a $500 fine
  365  and to serve 100 hours of public service in addition to any
  366  other penalty prescribed by law.
  367         (g) Except as authorized by this chapter, it is unlawful
  368  for any person to manufacture methamphetamine or phencyclidine,
  369  or possess any listed chemical as defined in s. 893.033 in
  370  violation of s. 893.149 and with intent to manufacture
  371  methamphetamine or phencyclidine. If any person violates this
  372  paragraph and:
  373         1. The commission or attempted commission of the crime
  374  occurs in a structure or conveyance where any child under 16
  375  years of age is present, the person commits a felony of the
  376  first degree, punishable as provided in s. 775.082, s. 775.083,
  377  or s. 775.084. In addition, the defendant must be sentenced to a
  378  minimum term of imprisonment of 5 calendar years.
  379         2. The commission of the crime causes any child under 16
  380  years of age to suffer great bodily harm, the person commits a
  381  felony of the first degree, punishable as provided in s.
  382  775.082, s. 775.083, or s. 775.084. In addition, the defendant
  383  must be sentenced to a minimum term of imprisonment of 10
  384  calendar years.
  385         (h) Except as authorized by this chapter, it is unlawful
  386  for any person to sell, manufacture, or deliver, or possess with
  387  intent to sell, manufacture, or deliver, a controlled substance
  388  in, on, or within 1,000 feet of the real property comprising an
  389  assisted living facility, as that term is used in chapter 429.
  390  Any person who violates this paragraph with respect to:
  391         1. A controlled substance named or described in s.
  392  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
  393  commits a felony of the first degree, punishable as provided in
  394  s. 775.082, s. 775.083, or s. 775.084.
  395         2. A controlled substance named or described in s.
  396  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  397  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  398  the second degree, punishable as provided in s. 775.082, s.
  399  775.083, or s. 775.084.
  400         (2)(a) Except as authorized by this chapter and chapter
  401  499, it is unlawful for any person to purchase, or possess with
  402  intent to purchase, a controlled substance. Any person who
  403  violates this provision with respect to:
  404         1. A controlled substance named or described in s.
  405  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
  406  commits a felony of the second degree, punishable as provided in
  407  s. 775.082, s. 775.083, or s. 775.084.
  408         2. A controlled substance named or described in s.
  409  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  410  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  411  the third degree, punishable as provided in s. 775.082, s.
  412  775.083, or s. 775.084.
  413         3. A controlled substance named or described in s.
  414  893.03(5) commits a misdemeanor of the first degree, punishable
  415  as provided in s. 775.082 or s. 775.083.
  416         (b) Except as provided in this chapter, it is unlawful to
  417  purchase in excess of 10 grams of any substance named or
  418  described in s. 893.03(1)(a) or (1)(b), or any combination
  419  thereof, or any mixture containing any such substance. Any
  420  person who violates this paragraph commits a felony of the first
  421  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  422  775.084.
  423         (3) Any person who delivers, without consideration, not
  424  more than 20 grams of cannabis, as defined in this chapter,
  425  commits a misdemeanor of the first degree, punishable as
  426  provided in s. 775.082 or s. 775.083. For the purposes of this
  427  paragraph, “cannabis” does not include the resin extracted from
  428  the plants of the genus Cannabis or any compound manufacture,
  429  salt, derivative, mixture, or preparation of such resin.
  430         (4) Except as authorized by this chapter, it is unlawful
  431  for any person 18 years of age or older to deliver any
  432  controlled substance to a person under the age of 18 years, or
  433  to use or hire a person under the age of 18 years as an agent or
  434  employee in the sale or delivery of such a substance, or to use
  435  such person to assist in avoiding detection or apprehension for
  436  a violation of this chapter. Any person who violates this
  437  provision with respect to:
  438         (a) A controlled substance named or described in s.
  439  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
  440  commits a felony of the first degree, punishable as provided in
  441  s. 775.082, s. 775.083, or s. 775.084.
  442         (b) A controlled substance named or described in s.
  443  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  444  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  445  the second degree, punishable as provided in s. 775.082, s.
  446  775.083, or s. 775.084.
  447  
  448  Imposition of sentence may not be suspended or deferred, nor
  449  shall the person so convicted be placed on probation.
  450         (5) It is unlawful for any person to bring into this state
  451  any controlled substance unless the possession of such
  452  controlled substance is authorized by this chapter or unless
  453  such person is licensed to do so by the appropriate federal
  454  agency. Any person who violates this provision with respect to:
  455         (a) A controlled substance named or described in s.
  456  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
  457  commits a felony of the second degree, punishable as provided in
  458  s. 775.082, s. 775.083, or s. 775.084.
  459         (b) A controlled substance named or described in s.
  460  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  461  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  462  the third degree, punishable as provided in s. 775.082, s.
  463  775.083, or s. 775.084.
  464         (c) A controlled substance named or described in s.
  465  893.03(5) commits a misdemeanor of the first degree, punishable
  466  as provided in s. 775.082 or s. 775.083.
  467         (6)(a) It is unlawful for any person to be in actual or
  468  constructive possession of a controlled substance unless such
  469  controlled substance was lawfully obtained from a practitioner
  470  or pursuant to a valid prescription or order of a practitioner
  471  while acting in the course of his or her professional practice
  472  or to be in actual or constructive possession of a controlled
  473  substance except as otherwise authorized by this chapter. Any
  474  person who violates this provision commits a felony of the third
  475  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  476  775.084.
  477         (b) If the offense is the possession of not more than 20
  478  grams of cannabis, as defined in this chapter, or 3 grams or
  479  less of a controlled substance described in s. 893.03(1)(c)46.
  480  50., the person commits a misdemeanor of the first degree,
  481  punishable as provided in s. 775.082 or s. 775.083. For the
  482  purposes of this subsection, “cannabis” does not include the
  483  resin extracted from the plants of the genus Cannabis, or any
  484  compound manufacture, salt, derivative, mixture, or preparation
  485  of such resin, and a controlled substance described in s.
  486  893.03(1)(c)46.-50. does not include the substance in a powdered
  487  form.
  488         (c) Except as provided in this chapter, it is unlawful to
  489  possess in excess of 10 grams of any substance named or
  490  described in s. 893.03(1)(a) or (1)(b), or any combination
  491  thereof, or any mixture containing any such substance. Any
  492  person who violates this paragraph commits a felony of the first
  493  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  494  775.084.
  495         (d) Notwithstanding any provision to the contrary of the
  496  laws of this state relating to arrest, a law enforcement officer
  497  may arrest without warrant any person who the officer has
  498  probable cause to believe is violating the provisions of this
  499  chapter relating to possession of cannabis.
  500         Section 3. For the purpose of incorporating the amendment
  501  made by this act to section 893.03, Florida Statutes, in
  502  references thereto, paragraphs (b), (c), (d), and (e) of
  503  subsection (3) of section 921.0022, Florida Statutes, are
  504  reenacted to read:
  505         921.0022 Criminal Punishment Code; offense severity ranking
  506  chart.—
  507         (3) OFFENSE SEVERITY RANKING CHART
  508         (b) LEVEL 2
  509  FloridaStatute   FelonyDegree                Description                 
  510  379.2431 (1)(e)3.  3rd   Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
  511  379.2431 (1)(e)4.  3rd   Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
  512  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.
  513  517.07             3rd   Registration of securities and furnishing of prospectus required.
  514  590.28(1)          3rd   Intentional burning of lands.               
  515  784.05(3)          3rd   Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
  516  787.04(1)          3rd   In violation of court order, take, entice, etc., minor beyond state limits.
  517  806.13(1)(b)3.     3rd   Criminal mischief; damage $1,000 or more to public communication or any other public service.
  518  810.061(2)         3rd   Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
  519  810.09(2)(e)       3rd   Trespassing on posted commercial horticulture property.
  520  812.014(2)(c)1.    3rd   Grand theft, 3rd degree; $300 or more but less than $5,000.
  521  812.014(2)(d)      3rd   Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.
  522  812.015(7)         3rd   Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
  523  817.234(1)(a)2.    3rd   False statement in support of insurance claim.
  524  817.481(3)(a)      3rd   Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
  525  817.52(3)          3rd   Failure to redeliver hired vehicle.         
  526  817.54             3rd   With intent to defraud, obtain mortgage note, etc., by false representation.
  527  817.60(5)          3rd   Dealing in credit cards of another.         
  528  817.60(6)(a)       3rd   Forgery; purchase goods, services with false card.
  529  817.61             3rd   Fraudulent use of credit cards over $100 or more within 6 months.
  530  826.04             3rd   Knowingly marries or has sexual intercourse with person to whom related.
  531  831.01             3rd   Forgery.                                    
  532  831.02             3rd   Uttering forged instrument; utters or publishes alteration with intent to defraud.
  533  831.07             3rd   Forging bank bills, checks, drafts, or promissory notes.
  534  831.08             3rd   Possessing 10 or more forged notes, bills, checks, or drafts.
  535  831.09             3rd   Uttering forged notes, bills, checks, drafts, or promissory notes.
  536  831.11             3rd   Bringing into the state forged bank bills, checks, drafts, or notes.
  537  832.05(3)(a)       3rd   Cashing or depositing item with intent to defraud.
  538  843.08             3rd   Falsely impersonating an officer.           
  539  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.
  540  893.147(2)         3rd   Manufacture or delivery of drug paraphernalia.
  541         (c) LEVEL 3
  542  FloridaStatute   FelonyDegree                Description                 
  543  119.10(2)(b)       3rd   Unlawful use of confidential information from police reports.
  544  316.066 (3)(b)-(d)  3rd   Unlawfully obtaining or using confidential crash reports.
  545  316.193(2)(b)      3rd   Felony DUI, 3rd conviction.                 
  546  316.1935(2)        3rd   Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
  547  319.30(4)          3rd   Possession by junkyard of motor vehicle with identification number plate removed.
  548  319.33(1)(a)       3rd   Alter or forge any certificate of title to a motor vehicle or mobile home.
  549  319.33(1)(c)       3rd   Procure or pass title on stolen vehicle.    
  550  319.33(4)          3rd   With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
  551  327.35(2)(b)       3rd   Felony BUI.                                 
  552  328.05(2)          3rd   Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
  553  328.07(4)          3rd   Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
  554  376.302(5)         3rd   Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
  555  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.
  556  379.2431 (1)(e)6.  3rd   Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
  557  400.9935(4)        3rd   Operating a clinic without a license or filing false license application or other required information.
  558  440.1051(3)        3rd   False report of workers’ compensation fraud or retaliation for making such a report.
  559  501.001(2)(b)      2nd   Tampers with a consumer product or the container using materially false/misleading information.
  560  624.401(4)(a)      3rd   Transacting insurance without a certificate of authority.
  561  624.401(4)(b)1.    3rd   Transacting insurance without a certificate of authority; premium collected less than $20,000.
  562  626.902(1)(a) & (b)  3rd   Representing an unauthorized insurer.       
  563  697.08             3rd   Equity skimming.                            
  564  790.15(3)          3rd   Person directs another to discharge firearm from a vehicle.
  565  796.05(1)          3rd   Live on earnings of a prostitute.           
  566  806.10(1)          3rd   Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
  567  806.10(2)          3rd   Interferes with or assaults firefighter in performance of duty.
  568  810.09(2)(c)       3rd   Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
  569  812.014(2)(c)2.    3rd   Grand theft; $5,000 or more but less than $10,000.
  570  812.0145(2)(c)     3rd   Theft from person 65 years of age or older; $300 or more but less than $10,000.
  571  815.04(4)(b)       2nd   Computer offense devised to defraud or obtain property.
  572  817.034(4)(a)3.    3rd   Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
  573  817.233            3rd   Burning to defraud insurer.                 
  574  817.234 (8)(b)-(c)  3rd   Unlawful solicitation of persons involved in motor vehicle accidents.
  575  817.234(11)(a)     3rd   Insurance fraud; property value less than $20,000.
  576  817.236            3rd   Filing a false motor vehicle insurance application.
  577  817.2361           3rd   Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
  578  817.413(2)         3rd   Sale of used goods as new.                  
  579  817.505(4)         3rd   Patient brokering.                          
  580  828.12(2)          3rd   Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
  581  831.28(2)(a)       3rd   Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
  582  831.29             2nd   Possession of instruments for counterfeiting drivers’ licenses or identification cards.
  583  838.021(3)(b)      3rd   Threatens unlawful harm to public servant.  
  584  843.19             3rd   Injure, disable, or kill police dog or horse.
  585  860.15(3)          3rd   Overcharging for repairs and parts.         
  586  870.01(2)          3rd   Riot; inciting or encouraging.              
  587  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).
  588  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.
  589  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.
  590  893.13(6)(a)       3rd   Possession of any controlled substance other than felony possession of cannabis.
  591  893.13(7)(a)8.     3rd   Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
  592  893.13(7)(a)9.     3rd   Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
  593  893.13(7)(a)10.    3rd   Affix false or forged label to package of controlled substance.
  594  893.13(7)(a)11.    3rd   Furnish false or fraudulent material information on any document or record required by chapter 893.
  595  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.
  596  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.
  597  893.13(8)(a)3.     3rd   Knowingly write a prescription for a controlled substance for a fictitious person.
  598  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.
  599  918.13(1)(a)       3rd   Alter, destroy, or conceal investigation evidence.
  600  944.47 (1)(a)1.-2.  3rd   Introduce contraband to correctional facility.
  601  944.47(1)(c)       2nd   Possess contraband while upon the grounds of a correctional institution.
  602  985.721            3rd   Escapes from a juvenile facility (secure detention or residential commitment facility).
  603         (d) LEVEL 4
  604  FloridaStatute   FelonyDegree                Description                 
  605  316.1935(3)(a)     2nd   Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
  606  499.0051(1)        3rd   Failure to maintain or deliver pedigree papers.
  607  499.0051(2)        3rd   Failure to authenticate pedigree papers.    
  608  499.0051(6)        2nd   Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
  609  784.07(2)(b)       3rd   Battery of law enforcement officer, firefighter, etc.
  610  784.074(1)(c)      3rd   Battery of sexually violent predators facility staff.
  611  784.075            3rd   Battery on detention or commitment facility staff.
  612  784.078            3rd   Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
  613  784.08(2)(c)       3rd   Battery on a person 65 years of age or older.
  614  784.081(3)         3rd   Battery on specified official or employee.  
  615  784.082(3)         3rd   Battery by detained person on visitor or other detainee.
  616  784.083(3)         3rd   Battery on code inspector.                  
  617  784.085            3rd   Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
  618  787.03(1)          3rd   Interference with custody; wrongly takes minor from appointed guardian.
  619  787.04(2)          3rd   Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
  620  787.04(3)          3rd   Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
  621  790.115(1)         3rd   Exhibiting firearm or weapon within 1,000 feet of a school.
  622  790.115(2)(b)      3rd   Possessing electric weapon or device, destructive device, or other weapon on school property.
  623  790.115(2)(c)      3rd   Possessing firearm on school property.      
  624  800.04(7)(c)       3rd   Lewd or lascivious exhibition; offender less than 18 years.
  625  810.02(4)(a)       3rd   Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
  626  810.02(4)(b)       3rd   Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
  627  810.06             3rd   Burglary; possession of tools.              
  628  810.08(2)(c)       3rd   Trespass on property, armed with firearm or dangerous weapon.
  629  812.014(2)(c)3.    3rd   Grand theft, 3rd degree $10,000 or more but less than $20,000.
  630  812.014 (2)(c)4.-10.  3rd   Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
  631  812.0195(2)        3rd   Dealing in stolen property by use of the Internet; property stolen $300 or more.
  632  817.563(1)         3rd   Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
  633  817.568(2)(a)      3rd   Fraudulent use of personal identification information.
  634  817.625(2)(a)      3rd   Fraudulent use of scanning device or reencoder.
  635  828.125(1)         2nd   Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
  636  837.02(1)          3rd   Perjury in official proceedings.            
  637  837.021(1)         3rd   Make contradictory statements in official proceedings.
  638  838.022            3rd   Official misconduct.                        
  639  839.13(2)(a)       3rd   Falsifying records of an individual in the care and custody of a state agency.
  640  839.13(2)(c)       3rd   Falsifying records of the Department of Children and Family Services.
  641  843.021            3rd   Possession of a concealed handcuff key by a person in custody.
  642  843.025            3rd   Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
  643  843.15(1)(a)       3rd   Failure to appear while on bail for felony (bond estreature or bond jumping).
  644  847.0135(5)(c)     3rd   Lewd or lascivious exhibition using computer; offender less than 18 years.
  645  874.05(1)          3rd   Encouraging or recruiting another to join a criminal gang.
  646  893.13(2)(a)1.     2nd   Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs).
  647  914.14(2)          3rd   Witnesses accepting bribes.                 
  648  914.22(1)          3rd   Force, threaten, etc., witness, victim, or informant.
  649  914.23(2)          3rd   Retaliation against a witness, victim, or informant, no bodily injury.
  650  918.12             3rd   Tampering with jurors.                      
  651  934.215            3rd   Use of two-way communications device to facilitate commission of a crime.
  652         (e) LEVEL 5
  653  FloridaStatute   FelonyDegree                Description                 
  654  316.027(1)(a)      3rd   Accidents involving personal injuries, failure to stop; leaving scene.
  655  316.1935(4)(a)     2nd   Aggravated fleeing or eluding.              
  656  322.34(6)          3rd   Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
  657  327.30(5)          3rd   Vessel accidents involving personal injury; leaving scene.
  658  381.0041(11)(b)    3rd   Donate blood, plasma, or organs knowing HIV positive.
  659  440.10(1)(g)       2nd   Failure to obtain workers’ compensation coverage.
  660  440.105(5)         2nd   Unlawful solicitation for the purpose of making workers’ compensation claims.
  661  440.381(2)         2nd   Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
  662  624.401(4)(b)2.    2nd   Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
  663  626.902(1)(c)      2nd   Representing an unauthorized insurer; repeat offender.
  664  790.01(2)          3rd   Carrying a concealed firearm.               
  665  790.162            2nd   Threat to throw or discharge destructive device.
  666  790.163(1)         2nd   False report of deadly explosive or weapon of mass destruction.
  667  790.221(1)         2nd   Possession of short-barreled shotgun or machine gun.
  668  790.23             2nd   Felons in possession of firearms, ammunition, or electronic weapons or devices.
  669  800.04(6)(c)       3rd   Lewd or lascivious conduct; offender less than 18 years.
  670  800.04(7)(b)       2nd   Lewd or lascivious exhibition; offender 18 years or older.
  671  806.111(1)         3rd   Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
  672  812.0145(2)(b)     2nd   Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
  673  812.015(8)         3rd   Retail theft; property stolen is valued at $300 or more and one or more specified acts.
  674  812.019(1)         2nd   Stolen property; dealing in or trafficking in.
  675  812.131(2)(b)      3rd   Robbery by sudden snatching.                
  676  812.16(2)          3rd   Owning, operating, or conducting a chop shop.
  677  817.034(4)(a)2.    2nd   Communications fraud, value $20,000 to $50,000.
  678  817.234(11)(b)     2nd   Insurance fraud; property value $20,000 or more but less than $100,000.
  679  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.
  680  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.
  681  817.625(2)(b)      2nd   Second or subsequent fraudulent use of scanning device or reencoder.
  682  825.1025(4)        3rd   Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
  683  827.071(4)         2nd   Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
  684  827.071(5)         3rd   Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
  685  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.
  686  843.01             3rd   Resist officer with violence to person; resist arrest with violence.
  687  847.0135(5)(b)     2nd   Lewd or lascivious exhibition using computer; offender 18 years or older.
  688  847.0137 (2) & (3)  3rd   Transmission of pornography by electronic device or equipment.
  689  847.0138 (2) & (3)  3rd   Transmission of material harmful to minors to a minor by electronic device or equipment.
  690  874.05(2)          2nd   Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
  691  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).
  692  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.
  693  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.
  694  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.
  695  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.
  696  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).
  697  893.1351(1)        3rd   Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
  698         Section 4. This act shall take effect October 1, 2012.