Florida Senate - 2014                                     SB 962
       
       
        
       By Senator Clemens
       
       
       
       
       
       27-00264A-14                                           2014962__
    1                        A bill to be entitled                      
    2         An act relating to the medical use of cannabis;
    3         providing a short title; creating part XVII of ch.
    4         468, F.S.; creating s. 468.901, F.S.; providing a
    5         purpose; creating s. 468.902, F.S.; providing
    6         legislative findings and intent; creating s. 468.903,
    7         F.S.; defining terms; creating s. 468.904, F.S.;
    8         requiring the Department of Business and Professional
    9         Regulation to regulate the manufacture, cultivation,
   10         possession, wholesale distribution, dispensing,
   11         purchase, delivery, and sale of cannabis for medical
   12         use and the manufacture, possession, purchase, sale,
   13         use, and delivery of drug paraphernalia; providing
   14         that the department is responsible for the licensure
   15         and permitting of dispensaries and medical cannabis
   16         farms and the registration of owners, directors,
   17         officers, members, incorporators, employees, and
   18         agents of such farms and dispensaries; requiring the
   19         department to require medical cannabis farms and
   20         dispensaries to maintain certain records and
   21         information; requiring the department to develop and
   22         make available educational materials, conduct
   23         inspections, and revoke or suspend registrations,
   24         licenses, and permits; requiring the department to
   25         adopt certain rules; creating s. 468.905, F.S.;
   26         authorizing a medical cannabis farm to cultivate,
   27         sell, manufacture, or deliver, or possess with the
   28         intent to sell, manufacture, or deliver, cannabis and
   29         cannabis plants for wholesale in this state;
   30         authorizing a medical cannabis farm to deliver,
   31         possess with intent to deliver, or manufacture with
   32         intent to deliver drug paraphernalia; requiring a
   33         medical cannabis farm to be permitted with the
   34         department before possessing, manufacturing,
   35         cultivating, delivering, distributing, and wholesaling
   36         cannabis, cannabis-based products, cannabis plants, or
   37         drug paraphernalia; requiring agricultural
   38         classification of land used as a medical cannabis
   39         farm; prohibiting a medical cannabis farm from
   40         conducting retail sales or transactions; requiring a
   41         medical cannabis farm to implement a security plan and
   42         maintain procedures in which cannabis and cannabis
   43         based products are accessible only to authorized
   44         personnel; providing that the active ingredient in all
   45         cannabis-based products cultivated, manufactured, and
   46         wholesaled to a licensed dispensary in this state must
   47         be wholly derived from cannabis plants cultivated in
   48         this state, except for cannabis seeds and seedlings;
   49         providing that a medical cannabis farm is provided
   50         certain protections and is not deemed a public
   51         nuisance solely because its farm product includes the
   52         production of cannabis; creating s. 468.906, F.S.;
   53         authorizing a dispensary to distribute, purchase, sell
   54         or deliver, or possess with the intent to sell or
   55         deliver cannabis, cannabis-based products, cannabis
   56         plants, and drug paraphernalia in order to dispense
   57         and sell to a qualifying patient or patient’s
   58         caregiver and to purchase, distribute, deliver, or
   59         possess with intent to deliver drug paraphernalia;
   60         requiring a dispensary to be licensed with the
   61         department before possessing, purchasing, delivering,
   62         distributing, or retailing cannabis, cannabis-based
   63         products, cannabis plants, or drug paraphernalia;
   64         requiring a dispensary to purchase cannabis, cannabis
   65         based products, and cannabis plants from a medical
   66         cannabis farm that has a department-issued permit;
   67         prohibiting a dispensary from conducting wholesale
   68         sales or transactions; authorizing a dispensary to
   69         retail to a qualifying patient or patient’s caregiver
   70         cannabis, cannabis-based products, cannabis plants, or
   71         drug paraphernalia if the qualifying patient or
   72         patient’s caregiver meets certain conditions; limiting
   73         a certain amount of usable cannabis and number of
   74         cannabis plant seedlings that a qualifying patient and
   75         a patient’s caregiver may purchase within a certain
   76         time period; requiring a dispensary to maintain
   77         certain records for a specified number of years;
   78         requiring a dispensary to implement a security plan;
   79         requiring a dispensary to make available educational
   80         materials; requiring a dispensary to prohibit a
   81         qualifying patient from administering or using, and
   82         prohibiting a caregiver from assisting a qualifying
   83         patient in administering or using, any form of
   84         cannabis while on the property of the dispensary;
   85         providing that a person who administers or uses, or
   86         assists another to administer or use, any form of
   87         cannabis on the property of a dispensary subjects the
   88         dispensary to penalties; creating s. 468.907, F.S.;
   89         requiring a person to register with the department if
   90         he or she desires to be an owner, director, officer,
   91         member, incorporator, agent, or employee of a medical
   92         cannabis farm or dispensary; requiring the department
   93         to establish certain registration fees and determine
   94         if the registrant has certain felony convictions;
   95         prohibiting the department from approving a registrant
   96         as an owner, director, officer, member, incorporator,
   97         agent, or employee of a medical cannabis farm or
   98         dispensary if such registrant has certain felony
   99         convictions; providing that a person who violates or
  100         has violated this act may not be an owner, director,
  101         officer, member, incorporator, agent, or employee of a
  102         medical cannabis farm or dispensary; providing that
  103         any prior authorization of such person shall be
  104         immediately revoked; requiring the department to
  105         suspend the license or permit of the medical cannabis
  106         farm or dispensary until such person resigns or is
  107         removed from such position; authorizing a registrant
  108         to commence an action in a court of competent
  109         jurisdiction to compel the department to perform
  110         certain actions if the department fails to adopt rules
  111         by a specified date; creating s. 468.908, F.S.;
  112         prohibiting a person from operating a medical cannabis
  113         farm except in accordance with part XVII of ch. 468,
  114         F.S.; requiring an applicant for an initial permit or
  115         for a renewal permit to operate a medical cannabis
  116         farm to provide certain information in the
  117         application; requiring the department to establish by
  118         rule application fees and permitting fees; providing
  119         maximum amounts for the fees; requiring a person who
  120         possesses, cultivates, manufactures, delivers,
  121         distributes, or wholesales cannabis, cannabis-based
  122         products, or cannabis plants at one or more locations
  123         to possess a current, valid permit for each location;
  124         authorizing an applicant for a permit to operate a
  125         medical cannabis farm to commence an action in a court
  126         of competent jurisdiction to compel the Department of
  127         Business and Professional Regulation to perform
  128         certain actions if the department fails to adopt rules
  129         by a specified date; creating s. 468.909, F.S.;
  130         prohibiting a person from operating a dispensary in
  131         this state except in accordance with part XVII of ch.
  132         468, F.S.; requiring an applicant for an initial
  133         license or for a renewal license to operate a
  134         dispensary to provide certain information in the
  135         application; requiring the department to establish by
  136         rule application fees and licensure fees; providing
  137         maximum amounts for the fees; requiring a person who
  138         conducts the wholesale purchase or retail sale of drug
  139         paraphernalia or any form of cannabis at more than one
  140         location to possess a current, valid license for each
  141         location; authorizing an applicant for a license to
  142         operate a dispensary to commence an action in a court
  143         of competent jurisdiction to compel the department to
  144         perform certain actions if the department fails to
  145         adopt rules by a specified date; creating s. 468.910,
  146         F.S.; providing requirements for submitting an
  147         application for a license or a permit; authorizing the
  148         department to require an applicant to furnish other
  149         information or data; creating s. 468.911, F.S.;
  150         providing requirements for licenses and permits;
  151         authorizing the department to include other
  152         information on a license or permit; providing that a
  153         license or permit may not be issued, renewed, or
  154         allowed to remain in effect in certain circumstances;
  155         prohibiting a person from knowingly submitting or
  156         presenting to the department a false, fictitious, or
  157         misrepresented application, identification, document,
  158         information, statement, or data intended or likely to
  159         deceive the department in order to obtain a license or
  160         permit; creating s. 468.912, F.S.; authorizing the use
  161         of certain terms to designate a medical cannabis farm
  162         that has a department-issued permit or a licensed
  163         dispensary; requiring conspicuous display of a license
  164         or permit; providing specified dates for validity and
  165         expiration of licenses and permits; providing
  166         application procedures for obtaining initial and
  167         renewal licenses and permits; authorizing the
  168         department to seize all forms of cannabis and drug
  169         paraphernalia and dispose of them if the licensee or
  170         permittee fails to renew a license or permit;
  171         requiring funds collected from such disposal to be
  172         deposited in the Professional Regulation Trust Fund;
  173         providing the fee structure for reactivating an
  174         inactive license or permit; creating s. 468.913, F.S.;
  175         requiring the reporting of a loss, theft, or
  176         unexplained shortage of cannabis, cannabis-based
  177         products, cannabis plants, or drug paraphernalia to
  178         the local law enforcement agency and the department;
  179         requiring an investigating law enforcement agency to
  180         forward a copy of its written report to the
  181         department; requiring the department to retain such
  182         reports; requiring any sheriff or law enforcement
  183         officer in this state to give immediate notice to the
  184         department of a theft, illegal use, or illegal
  185         possession of cannabis, cannabis-based product,
  186         cannabis plants, or drug paraphernalia and to forward
  187         a copy of his or her final written report to the
  188         department; creating s. 468.914, F.S.; authorizing the
  189         department to issue cease and desist orders and to
  190         impose administrative fines for violations of part
  191         XVII of ch. 468, F.S., and applicable department
  192         rules; authorizing the department to seek injunctive
  193         relief and to apply for temporary and permanent orders
  194         for certain violations; authorizing the department to
  195         revoke or suspend all licenses or permits held by a
  196         person; providing requirements for an order of
  197         suspension and an order of revocation; providing for
  198         application of an order of revocation or suspension to
  199         a newly issued permit or license; providing that a
  200         person whose permit or license has been suspended or
  201         revoked may not be issued a new permit or license
  202         under any other name or company name until the
  203         expiration of the suspension or revocation;
  204         authorizing the department to revoke or suspend a
  205         license or permit for certain violations or acts;
  206         providing criminal penalties; providing that other
  207         lawful remedies are not affected; requiring that all
  208         fines, monetary penalties, and costs received by the
  209         department in connection with this part be deposited
  210         into the Professional Regulation Trust Fund of the
  211         Department of Business and Professional Regulation;
  212         creating s. 468.915, F.S.; requiring that all hearings
  213         and review of orders from the department be conducted
  214         in accordance with ch. 120, F.S.; creating s. 468.916,
  215         F.S.; prohibiting a county or municipality from
  216         creating or imposing an ordinance or rule that is
  217         inconsistent with the provisions contained in this act
  218         and the applicable department rules; creating s.
  219         468.917, F.S.; requiring that all moneys collected and
  220         deposited in the Professional Regulation Trust Fund be
  221         used by the department in the administration of part
  222         XVII of ch. 468, F.S.; requiring the department to
  223         maintain a separate account in the Professional
  224         Regulation Trust Fund for the Drugs, Devices, and
  225         Cosmetics program; creating s. 468.918, F.S.;
  226         requiring the Department of Business and Professional
  227         Regulation and the Department of Revenue to adopt
  228         rules by a specified date, including rules that
  229         specify persons who may legally possess cannabis for
  230         the purpose of teaching, research, or testing;
  231         requiring the fees collected by the departments to be
  232         applied first to the cost of administering the act;
  233         authorizing a state resident to commence an action in
  234         a court of competent jurisdiction if the departments
  235         fail to adopt rules by a specified date; creating part
  236         III of ch. 499, F.S.; creating s. 499.802, F.S.;
  237         defining terms; creating s. 499.803, F.S.; authorizing
  238         a qualifying patient to cultivate, possess, and
  239         administer cannabis for medical use and to possess and
  240         use drug paraphernalia for a specified purpose;
  241         authorizing the patient’s caregiver to cultivate,
  242         possess, and administer cannabis for medical use for a
  243         qualifying patient and to possess, deliver, and use
  244         drug paraphernalia for a specified purpose; providing
  245         that a registry identification card, or its
  246         equivalent, issued from another jurisdiction has the
  247         same force and effect as a registry identification
  248         card issued by the Department of Health; requiring a
  249         qualifying patient to present to a law enforcement
  250         officer a registry identification card to confirm that
  251         the patient may cultivate, possess, and administer
  252         cannabis for medical use and possess and use drug
  253         paraphernalia; requiring a patient’s caregiver to
  254         present to a law enforcement officer a registry
  255         identification card to confirm that the caregiver may
  256         cultivate, possess, and administer cannabis for a
  257         qualifying patient and possess, deliver, and use drug
  258         paraphernalia; authorizing a qualifying patient or the
  259         patient’s caregiver to purchase, possess, administer,
  260         or deliver cannabis, cannabis-based products, cannabis
  261         plants, and drug paraphernalia that is obtained only
  262         from a dispensary or medical cannabis farm or to
  263         cultivate cannabis and cannabis plants for only the
  264         qualifying patient’s possession and administration;
  265         authorizing a qualifying patient who is a minor to
  266         possess, use, or administer medical cannabis only in
  267         the presence of the minor’s parent or legal guardian
  268         and only if the minor’s parent or legal guardian signs
  269         a written statement; providing requirements for the
  270         written statement; providing a procedure for changing
  271         the patient’s designation of a caregiver; providing a
  272         procedure for replacing a lost registry identification
  273         card; providing that a registration form to obtain a
  274         registry identification card is a registry
  275         identification card if the department fails to issue
  276         or deny the registration within a specified number of
  277         days; authorizing the department to revoke a
  278         cardholder’s registry identification card; creating s.
  279         499.804, F.S.; requiring a person who seeks
  280         designation as a qualifying patient or the patient’s
  281         caregiver to register with the department; authorizing
  282         the maximum number of qualifying patients a patient’s
  283         caregiver may be connected to through the department’s
  284         registration process; requiring a qualifying patient
  285         or the patient’s caregiver to deliver or distribute
  286         cannabis in a labeled container or sealed package;
  287         prescribing the maximum amount of cannabis which a
  288         qualifying patient or the patient’s caregiver may
  289         possess; requiring a cardholder to cultivate cannabis
  290         plants in certain venues that are out of the public
  291         view; providing exceptions for delivering or
  292         distributing cannabis plants under certain
  293         circumstances; authorizing cannabis to be administered
  294         in certain medical treatment facilities under certain
  295         circumstances; prohibiting medical cannabis from being
  296         administered at a dispensary or in a public place,
  297         other than at a medical treatment facility; providing
  298         that the act does not allow a person to undertake a
  299         task under the influence of cannabis when doing so
  300         constitutes negligence or malpractice; providing that
  301         the medical use of cannabis does not create a defense
  302         to certain offenses; providing that evidence of a
  303         person’s voluntary intoxication that results from the
  304         medical use of cannabis is not admissible in a
  305         judicial proceeding to show lack of specific intent or
  306         insanity; providing an exception; authorizing a person
  307         or entity to provide information about the existence
  308         or operation of a medical cannabis farm or dispensary
  309         to another person; prohibiting a law enforcement
  310         officer from further stopping or detaining a person
  311         stopped by the officer if that person is in compliance
  312         with the laws and rules regulating the medical use of
  313         cannabis or drug paraphernalia; creating s. 499.805,
  314         F.S.; authorizing a physician to prescribe, in
  315         writing, the medical use of cannabis under certain
  316         circumstances; providing requirements for the written
  317         prescription; providing that a physician is not
  318         subject to arrest, prosecution, penalty, disciplinary
  319         proceedings, or denial of a right or privilege for
  320         advising a qualifying patient about the medical use of
  321         cannabis, recommending the medical use of cannabis,
  322         providing a written prescription for a patient’s
  323         medical use of cannabis, or stating that, in the
  324         physician’s professional opinion, the potential
  325         benefits of the medical use of cannabis likely
  326         outweigh the health risks for a patient; prohibiting a
  327         physician from having a professional office located at
  328         a medical cannabis farm or dispensary or receiving
  329         financial compensation from a medical cannabis farm or
  330         dispensary or its owners, directors, officers,
  331         members, incorporators, agents, or employees; creating
  332         s. 499.806, F.S.; providing that qualifying patients
  333         and their caregivers and certain nurse practitioners,
  334         registered nurses, pharmacists, and other persons are
  335         not subject to arrest, prosecution, penalty, or denial
  336         of any right or privilege as a result of the lawful
  337         applicable activity regarding the medical use of
  338         cannabis under certain circumstances; prohibiting a
  339         school, employer, or property owner from refusing to
  340         enroll, employ, or lease to or otherwise penalizing a
  341         person who is a cardholder; creating a presumption
  342         when a qualifying patient or the patient’s caregiver
  343         is engaged in the medical use of cannabis under
  344         certain circumstances; authorizing the use of evidence
  345         to rebut that presumption; authorizing the patient’s
  346         caregiver to be reimbursed for certain costs;
  347         providing that such reimbursement does not constitute
  348         the sale of a controlled substance under s. 893.13,
  349         F.S.; providing that a qualifying patient’s medical
  350         use of cannabis is equivalent to the use of any other
  351         medication used at the direction of a physician;
  352         providing that such use does not constitute the use of
  353         an illicit drug under s. 893.03, F.S.; providing that
  354         a person, cardholder, medical cannabis farm, or
  355         dispensary that cultivates, manufactures, possesses,
  356         administers, dispenses, distributes, or uses cannabis,
  357         or manufactures, possesses, distributes, or uses drug
  358         paraphernalia, in a manner not authorized by this act,
  359         is subject to criminal prosecution and sanctions under
  360         the Florida Comprehensive Drug Abuse Prevention and
  361         Control Act; providing that a person who makes a
  362         fraudulent representation to a law enforcement officer
  363         relating to certain activities involving medical use
  364         of cannabis or drug paraphernalia is subject to a
  365         criminal fine in addition to other penalties under
  366         law; creating s. 499.807, F.S.; providing additional
  367         defenses to a prosecution involving cannabis;
  368         authorizing the clerk of the court to assess a fee for
  369         dismissal of a criminal charge of possession, use, or
  370         administration of a legal amount of cannabis for
  371         medical use or drug paraphernalia under certain
  372         circumstances; authorizing a cardholder to assert the
  373         purpose for the medical use of cannabis in a motion to
  374         dismiss; providing that certain interests or rights to
  375         property related to a qualifying patient’s medical use
  376         of cannabis may not be forfeited under the Florida
  377         Contraband Forfeiture Act under certain circumstances;
  378         creating s. 499.808, F.S.; providing that the act does
  379         not require a governmental, private, or other health
  380         insurance provider or health care services plan to
  381         cover, or prohibit it from covering, a claim for
  382         reimbursement for the medical use of cannabis;
  383         creating s. 499.809, F.S.; prohibiting an employer,
  384         laboratory, employee assistance program, or alcohol
  385         and drug rehabilitation program and their agents from
  386         releasing certain information without written consent;
  387         providing requirements for written consent;
  388         prohibiting information regarding a qualifying patient
  389         or the patient’s caregiver from being released or used
  390         in a criminal proceeding; providing that such
  391         information is inadmissible as evidence; authorizing
  392         the Department of Health and its employees to have
  393         access to information regarding a qualifying patient
  394         or the patient’s caregiver under certain
  395         circumstances; creating s. 499.810, F.S.; requiring
  396         the department to adopt rules by a specified date;
  397         requiring the fees collected by the Department of
  398         Health to be applied first to the cost of
  399         administering part III of ch. 499; authorizing a state
  400         resident to commence an action in a court of competent
  401         jurisdiction if the departments fail to adopt rules by
  402         a specified date; conforming provisions to changes
  403         made by the act; authorizing the executive director of
  404         the Department of Revenue to adopt emergency rules;
  405         amending ss. 812.14, 893.03, 893.13, 893.1351,
  406         893.145, 893.147, and 921.0022, F.S.; providing an
  407         effective date.
  408          
  409  Be It Enacted by the Legislature of the State of Florida:
  410  
  411         Section 1. This act may be cited as the “Cathy Jordan
  412  Medical Cannabis Act.”
  413         Section 2. Part XVII of chapter 468, Florida Statutes,
  414  consisting of sections 468.901-468.918, is created to read:
  415         468.901Purpose.—The purpose of part III of chapter 499 and
  416  this part is to:
  417         (1) Make a distinction between the medical use and
  418  nonmedical use of cannabis and to protect qualifying patients,
  419  their prescribing physicians, their caregivers, and persons who
  420  lawfully engage in activities associated with the operation of a
  421  dispensary or a medical cannabis farm from arrest, criminal
  422  prosecution, property forfeiture, and other penalties if such
  423  patients, physicians, caregivers, and persons engage in the
  424  medical use of cannabis. Compassionate medical use of cannabis
  425  will also reduce state law enforcement costs, including, but not
  426  limited to, state prison costs, local jail costs, felony
  427  prosecution costs, court and probation costs, costs associated
  428  with felony and misdemeanor arrests, and alternative treatment
  429  costs by reducing the incidence of arrest and prosecution of
  430  nonviolent cannabis users and traffickers in the state.
  431         (2) Provide consumer protection regarding the medical use
  432  of cannabis by regulating the cultivation, manufacturing,
  433  wholesale distribution, prescribing, and retailing of cannabis,
  434  cannabis-based products, cannabis plants, and drug paraphernalia
  435  in the state in order to:
  436         (a) Safeguard the public health, safety, and welfare.
  437         (b) Protect the public from being misled by unscrupulous
  438  and unauthorized persons or criminal activity.
  439         (c) Ensure the highest degree of conduct on the part of
  440  owners, directors, officers, members, employees, and agents of
  441  medical cannabis farms and dispensaries.
  442         (d) Ensure the availability of controlled distribution and
  443  use of high-quality cannabis, cannabis-based products, cannabis
  444  plants, and drug paraphernalia in this state for the benefit of
  445  a qualifying patient who is prescribed cannabis for medical use.
  446         468.902 Legislative findings and intent.—
  447         (1) The Legislature finds that:
  448         (a) Modern medical research has discovered beneficial uses
  449  for cannabis in treating or alleviating pain, nausea, and other
  450  symptoms associated with certain qualifying medical conditions,
  451  as indicated by the National Academy of Sciences’ Institute of
  452  Medicine (IOM) in its report dated March 1999, cited by the
  453  United States Department of Health and Human Services, which
  454  found that “there is substantial consensus among experts in the
  455  relevant disciplines on the scientific evidence about potential
  456  medical uses of marijuana.”
  457         (b) The prohibition against the use of cannabis has been in
  458  effect for many years and is rooted in outdated scientific
  459  evidence that does not make a reasonable distinction between its
  460  recreational use and beneficial medicinal use.
  461         (c) Although federal law currently prohibits any use of
  462  marijuana and cannabis, the laws of Alaska, Arizona, California,
  463  Colorado, Connecticut, Delaware, District of Columbia, Hawaii,
  464  Illinois, Maine, Massachusetts, Michigan, Montana, Nevada, New
  465  Hampshire, New Jersey, New Mexico, Oregon, Rhode Island,
  466  Vermont, and Washington allow the medical use of cannabis and
  467  the cultivation of marijuana as of January 2014. This state
  468  joins in this effort for the health, safety, and welfare of its
  469  residents through enacting the Cathy Jordan Medical Cannabis Act
  470  and creating license and permit regulations in this part.
  471         (d) The medical use of cannabis offers a substantial
  472  benefit to the health, safety, and welfare of the residents of
  473  this state, and it is the intent of the Legislature that this
  474  part and part III of chapter 499 be liberally construed to make
  475  these benefits available to the residents of this state.
  476         (e) The states are not required to enforce federal law or
  477  prosecute people for engaging in activities prohibited by
  478  federal law. Therefore, compliance with this part and part III
  479  of chapter 499 does not place this state in violation of federal
  480  law.
  481         (2) The Tenth Amendment of the United States Constitution
  482  provides that powers not delegated to the Federal Government by
  483  the federal constitution, nor prohibited to the states, are
  484  reserved to the states or the people. Therefore, the Legislature
  485  may enact this part pursuant to its police power to enact
  486  legislation for the protection of the health of its residents.
  487         (3) The provisions of this part and part III of chapter 499
  488  are cumulative and do not repeal or affect any power, duty, or
  489  authority of the Department of Business and Professional
  490  Regulation, the Department of Health, and the Department of
  491  Revenue under any other law of this state, except with respect
  492  to the regulation of cannabis as provided in this part and part
  493  III of chapter 499. If the provisions of this part or part III
  494  of chapter 499 conflict with any other such law, the provisions
  495  of this part and part III of chapter 499 control.
  496         468.903 Definitions.—As used in this part, unless the
  497  context clearly indicates otherwise, the term:
  498         (1) “Administer” has the same meaning as provided in s.
  499  893.02.
  500         (2) “Cannabis” has the same meaning as provided in s.
  501  893.02.
  502         (3) “Cannabis-based product” means a product that contains
  503  cannabis or any of its derivatives, including, but not limited
  504  to, tonics, tinctures, balms, salves, lotions, sprays,
  505  ointments, teas, sodas, and pills.
  506         (4) “Cannabis plant” has the same meaning as provided in s.
  507  893.135.
  508         (5) “Cultivating” has the same meaning as provided in s.
  509  893.02.
  510         (6) “Deliver” or “delivery” has the same meaning as
  511  provided in s. 893.02.
  512         (7) “Department” means the Department of Business and
  513  Professional Regulation.
  514         (8) “Dispensary” means a facility that is:
  515         (a) Licensed by the department pursuant to this chapter;
  516  and
  517         (b) Operated by an organization or business from or at
  518  which cannabis, cannabis-based products, and cannabis plants are
  519  delivered, purchased, possessed, or dispensed and drug
  520  paraphernalia are possessed, delivered, or distributed to a
  521  qualifying patient or the patient’s caregiver.
  522         (9) “Dispense” means the transfer of possession of cannabis
  523  by a person who represents that it is his or her intention not
  524  to consume the cannabis but to transfer it to the ultimate
  525  consumer or user for its medical use in accordance with this
  526  part, part III of chapter 499, or department rule.
  527         (10) “Distribute” has the same meaning as provided in s.
  528  893.02.
  529         (11) “Drug paraphernalia” has the same meaning as provided
  530  in s. 893.145, is related to the medical use of cannabis, and is
  531  not deemed contraband that is subject to civil forfeiture.
  532         (12) “Manufacture” means the production, preparation,
  533  propagation, compounding, conversion, or processing of cannabis,
  534  directly or indirectly, by extraction from substances of natural
  535  origin, independently by means of chemical synthesis, or by a
  536  combination of extraction and chemical synthesis, and includes
  537  the packaging or repackaging of the substance and the labeling
  538  or relabeling of its container.
  539         (13) “Medical cannabis farm” means land that:
  540         (a) Is currently classified as agricultural pursuant to s.
  541  193.461 by the county property appraiser, a value adjustment
  542  board, a court of competent jurisdiction, or the board of county
  543  commissioners of the county in which the land is located, before
  544  application for a permit to use the land to cultivate cannabis
  545  plants is granted; and
  546         (b) Is or will be used primarily for bona fide agricultural
  547  purposes as provided in s. 193.461.
  548         (14) “Medical use” means the prescriptive use of any form
  549  of cannabis to treat a qualifying medical condition and the
  550  symptoms associated with that condition or to alleviate the side
  551  effects of a qualifying medical treatment.
  552         (15) “Patient’s caregiver” or “caregiver” means a person
  553  who is:
  554         (a) Designated by a qualifying patient and registered with
  555  the Department of Health as the person authorized, on the
  556  qualifying patient’s behalf, to cultivate, deliver, possess,
  557  purchase, and assist in the administration of cannabis; and
  558         (b) At least 18 years of age.
  559         (16) “Physician” means a person who is licensed under
  560  chapter 458 or chapter 459 and holds a valid federal controlled
  561  substance registry number.
  562         (17) “Qualifying medical condition” means:
  563         (a) Acquired immune deficiency syndrome (AIDS) or positive
  564  status for human immunodeficiency virus (HIV);
  565         (b) Alzheimer’s disease or agitation of Alzheimer’s
  566  disease;
  567         (c) Amyotrophic lateral sclerosis (ALS);
  568         (d) Anorexia;
  569         (e) Cachexia;
  570         (f) Cancer;
  571         (g) Chronic debilitating pain;
  572         (h) Damage to the nervous tissue of the spinal cord with
  573  objective neurological indication of intractable spasticity;
  574         (i) Decompensated cirrhosis;
  575         (j) Epilepsy and other disorders characterized by seizures;
  576         (k) Fibromyalgia;
  577         (l) Glaucoma;
  578         (m) Hepatitis C;
  579         (n) Inflammatory bowel disease, including Crohn’s disease;
  580         (o) Multiple sclerosis and other disorders characterized by
  581  muscle spasticity;
  582         (p) Muscular dystrophy;
  583         (q) Nail-patella syndrome;
  584         (r) Neuroborreliosis;
  585         (s) Organ transplantation;
  586         (t) Painful peripheral neuropathy;
  587         (u) Parkinson’s disease;
  588         (v)Persistent nausea or severe emesis;
  589         (w) Post-traumatic stress disorder (PTSD); or
  590         (x) Terminal illness, if the physician has determined a
  591  prognosis of less than 12 months of life.
  592         (18) “Qualifying medical treatment” means:
  593         (a) Chemotherapy;
  594         (b) Radiotherapy;
  595         (c) The use of azidothymidine or protease inhibitors; or
  596         (d) Treatment of a qualifying medical condition as
  597  specified in subsection (17).
  598         (19) “Qualifying patient” means a person who is a resident
  599  of this state and registered with the Department of Health as a
  600  person who has been diagnosed by a physician as having a
  601  qualifying medical condition or undergoing a qualifying medical
  602  treatment.
  603         (20) “Registry identification card” means a nontransferable
  604  document issued by the Department of Health which identifies a
  605  person as a qualifying patient or a patient’s caregiver.
  606         (21) “Usable cannabis” means the dried flowers of the
  607  cannabis plant, and any mixture or preparation of the flowers,
  608  but does not include the seeds, stalks, and roots of the plant
  609  and does not include the weight of any noncannabis ingredients
  610  combined with cannabis and prepared for consumption as food or
  611  drink.
  612         468.904 Department duties and responsibilities.—
  613         (1) The department shall regulate the manufacture,
  614  cultivation, possession, wholesale distribution, dispensing,
  615  purchase, delivery, and sale of cannabis for medical use and the
  616  manufacture, possession, purchase, sale, use, and delivery of
  617  drug paraphernalia. The department is responsible for the
  618  licensure and permitting of dispensaries and medical cannabis
  619  farms in this state and for the requirements for, and approval
  620  of, the registration of each owner, director, officer,
  621  incorporator, member, employee, and agent of each such farm and
  622  dispensary.
  623         (2) The department shall, subject to department rule,
  624  require each medical cannabis farm and each dispensary to
  625  maintain true, complete, and current records of:
  626         (a) The name, address, home telephone number, and date of
  627  birth of each owner, director, officer, employee, incorporator,
  628  member, and agent; and
  629         (b) Each transaction at a medical cannabis farm or
  630  dispensary, including:
  631         1.The quantity of cannabis distributed or dispensed for
  632  each transaction;
  633         2.A continuous inventory of the quantity of cannabis,
  634  cannabis plants, and drug paraphernalia at the medical cannabis
  635  farm or dispensary;
  636         3.Records of the disposal and disposal method used for any
  637  cannabis, drug paraphernalia, cannabis-based product, or
  638  cannabis plant that was manufactured, cultivated, or acquired
  639  but not sold or inventoried; and
  640         4.Any other information required by the department.
  641         (3)The department shall, subject to department rule:
  642         (a)Develop and make available to each medical cannabis
  643  farm, each dispensary, and the general public educational
  644  materials about potential harmful drug interactions that could
  645  occur from the concurrent medical use of cannabis with other
  646  medical treatments;
  647         (b) Inform the public and private hospitals, health care
  648  providers, pharmacists, and duly licensed dispensaries in this
  649  state of the medical use of cannabis to help avoid harmful drug
  650  interactions;
  651         (c)Conduct announced and unannounced inspections of
  652  medical cannabis farms and dispensaries; and
  653         (d)Revoke or suspend the registration, license, or permit
  654  of a person, dispensary, or medical cannabis farm if the
  655  department determines that the person, dispensary, or medical
  656  cannabis farm has violated department rule, this part, or part
  657  III of chapter 499.
  658         (4) The department shall adopt rules that are necessary to
  659  administer this section and that are in substantial conformity
  660  with generally accepted standards of safety, including rules
  661  that are reasonably necessary to protect the health, safety, and
  662  welfare of the public and the persons who cultivate, deliver,
  663  possess, manufacture, sell at wholesale, or retail cannabis,
  664  cannabis-based products, cannabis plants, and drug
  665  paraphernalia.
  666         468.905 Medical cannabis farms.—
  667         (1) Notwithstanding any other provision of law and in
  668  accordance with this part, part III of chapter 499, and
  669  department rule, a medical cannabis farm may:
  670         (a) Cultivate, manufacture, sell, or deliver, or possess
  671  with the intent to sell, manufacture, or deliver, cannabis,
  672  cannabis-based products, and cannabis plants for wholesale in
  673  this state for the purpose of distribution to a licensed
  674  dispensary in this state; and
  675         (b) Deliver, possess with intent to deliver, or manufacture
  676  with intent to deliver drug paraphernalia.
  677         (2) A medical cannabis farm must obtain a valid permit from
  678  the department before possessing, manufacturing, cultivating,
  679  delivering, and wholesaling cannabis, cannabis-based products,
  680  cannabis plants, and drug paraphernalia in accordance with this
  681  part, part III of chapter 499, and department rule.
  682         (3) A person who applies to the department for a permit to
  683  operate a medical cannabis farm must use the land on which the
  684  farm will be located primarily for bona fide agricultural
  685  purposes and must obtain the agricultural classification
  686  pursuant to s. 193.461 from the county property appraiser, a
  687  value adjustment board, a court of competent jurisdiction, or
  688  the board of county commissioners of the county in which the
  689  land is located before applying for a medical cannabis farm
  690  permit.
  691         (4) A medical cannabis farm shall implement a security plan
  692  to prevent the theft or diversion of all cannabis, cannabis
  693  based products, and raw ingredients, including, but not limited
  694  to, cannabis plants; derivatives of cannabis plants; and
  695  seedlings and seeds, whether in ground or not in ground, visible
  696  or not visible to the public.
  697         (5) A medical cannabis farm shall maintain procedures under
  698  which cannabis, cannabis-based products, and raw ingredients,
  699  including all cannabis plants; derivatives of cannabis plants;
  700  seedlings and seeds, whether in ground or not in ground, visible
  701  or not visible to the public, are accessible only to authorized
  702  personnel.
  703         (6) The active ingredient in all cannabis and cannabis
  704  based products that are cultivated, manufactured, and sold at
  705  wholesale to a licensed dispensary in this state must be wholly
  706  derived from cannabis plants that are cultivated in this state.
  707  However, such active ingredient may be wholly derived from
  708  cannabis seeds and seedlings that are cultivated in this state
  709  or outside this state.
  710         (7) A medical cannabis farm is subject to the protections
  711  of s. 823.14 and is not deemed a public nuisance solely because
  712  its farm product includes the production of cannabis or any
  713  product derived from the cannabis plant.
  714         468.906 Dispensaries.—
  715         (1) Notwithstanding any other provision of law and in
  716  accordance with this part, part III of chapter 499, and
  717  department rule, a dispensary may distribute, purchase, sell, or
  718  deliver, or possess with the intent to sell or deliver, cannabis
  719  for medical use for the purpose of dispensing and selling to a
  720  qualifying patient or the patient’s caregiver cannabis,
  721  cannabis-based products, and cannabis plants, and may purchase,
  722  distribute, or deliver, or possess with intent to deliver, drug
  723  paraphernalia.
  724         (2) A dispensary must be licensed with the department
  725  before possessing, purchasing, delivering, distributing, or
  726  retailing cannabis, cannabis-based products, cannabis plants, or
  727  drug paraphernalia. All cannabis, cannabis-based products,
  728  cannabis plants, and drug paraphernalia sold by, at, or through
  729  a licensed dispensary must be purchased from a medical cannabis
  730  farm that has a valid, department-issued permit.
  731         (3) A dispensary may not conduct wholesale sales or
  732  transactions.
  733         (4) A dispensary may sell at retail to a qualifying patient
  734  or the patient’s caregiver cannabis, cannabis-based products,
  735  cannabis plants, or drug paraphernalia only if the qualifying
  736  patient or patient’s caregiver is in possession of his or her
  737  valid registry identification card at the time and place of
  738  purchase.
  739         (5)(a) A qualifying patient may not purchase within a 30
  740  day period more than:
  741         1. Two hundred and fifty grams of usable cannabis; and
  742         2. Six cannabis plant seedlings.
  743         (b) A patient’s caregiver may not purchase within a 30-day
  744  period more than:
  745         1. Two hundred and fifty grams of usable cannabis for each
  746  qualifying patient that the caregiver is connected to through
  747  the Department of Health’s registration process as indicated on
  748  his or her valid registry identification card; and
  749         2. Six cannabis plant seedlings for each qualifying patient
  750  that the caregiver is connected to through the Department of
  751  Health’s registration process as indicated on his or her valid
  752  registry identification card.
  753         (6) A dispensary shall maintain true, complete, and current
  754  records of the name and registry identification card number of
  755  each qualifying patient and patient’s caregiver who purchases
  756  cannabis, cannabis-based products, or cannabis plants, except
  757  for drug paraphernalia, subject to the confidentiality
  758  limitations in s. 499.809. The records maintained under this
  759  subsection shall be retained for 3 years and must include:
  760         (a) The amount paid for the transaction for cannabis,
  761  cannabis-based product, or cannabis plants; and
  762         (b) The registry identification card number of each
  763  purchaser of cannabis, cannabis-based product, or cannabis
  764  plant, subject to the confidentiality limitations in s. 499.809.
  765         (7) A dispensary shall implement a security plan to prevent
  766  the theft or diversion of cannabis, including maintaining all
  767  cannabis in a secure, locked room that is accessible only by
  768  authorized persons.
  769         (8) A dispensary shall make available to each qualifying
  770  patient and patient’s caregiver educational materials developed
  771  and provided by the department which explain potential harmful
  772  drug interactions.
  773         (9) A dispensary shall prohibit a qualifying patient from
  774  administering or using, and prohibit a patient’s caregiver who
  775  assists a qualifying patient from administering or using, any
  776  form of cannabis while on the property of the dispensary. A
  777  person who violates this subsection subjects the dispensary to
  778  penalties prescribed by department rule, this part, and part III
  779  of chapter 499.
  780         468.907 Owners, directors, officers, members,
  781  incorporators, agents, or employees of medical cannabis farms
  782  and dispensaries.—
  783         (1) Before a person becomes an owner, director, officer,
  784  member, incorporator, agent, or employee of a medical cannabis
  785  farm or dispensary, he or she must register with the department
  786  and pay the applicable registration fee. The department shall:
  787         (a) Establish by rule the following fees:
  788         1. Initial registration fee, which may not exceed $1,000;
  789  and
  790         2. Renewal registration fee, which may not exceed $1,000.
  791         (b) Determine if the person was convicted within the last
  792  10 years of a drug-related felony or was convicted within the
  793  last 10 years of a nondrug-related felony for which the person
  794  has not been pardoned or has not had his or her civil rights
  795  restored. If a person has such a felony conviction, the
  796  department may not approve the person as an owner, director,
  797  officer, member, incorporator, agent, or employee of a medical
  798  cannabis farm or dispensary.
  799         (2) A person who violates or has violated this part or part
  800  III of chapter 499 may not be an owner, director, officer,
  801  member, incorporator, agent, or employee of a medical cannabis
  802  farm or dispensary. Any prior registration or authorization of
  803  such person shall be immediately revoked, and the department
  804  shall suspend the permit or license of the medical cannabis farm
  805  or dispensary until the person resigns or is removed from the
  806  position of owner, director, officer, member, incorporator,
  807  agent, or employee.
  808         (3) If the department fails to adopt these rules by January
  809  1, 2015, a registrant may commence an action in a court of
  810  competent jurisdiction to compel the department to perform the
  811  actions mandated under this section.
  812         468.908 Medical cannabis farm permit.—
  813         (1) A person may not operate a medical cannabis farm in
  814  this state except in accordance with this part.
  815         (2) An applicant for an initial or renewal permit to
  816  operate a medical cannabis farm must address the following
  817  information in the permit application:
  818         (a) Knowledge of state and federal laws relating to
  819  cannabis and the medical use of cannabis.
  820         (b) The suitability of the proposed facility.
  821         (c) The proposed staffing plan.
  822         (d)The proposed security plan that has been assessed by
  823  the local law enforcement agency of the county or municipality
  824  in which the medical cannabis farm is located.
  825         (e) The proposed cultivation plan.
  826         (f) The proposed manufacturing plan.
  827         (g) The proposed storage and inventory control plan.
  828         (h) The proposed labeling plan.
  829         (i) The proposed product safety plan.
  830         (3) The department shall establish by rule the annual
  831  application fees and permit fees for a medical cannabis farm,
  832  which may not exceed the following amounts:
  833         (a) Application fee, $2,500.
  834         (b) Initial permit fee, $5,000.
  835         (c) Application fee for renewing a permit, $1,000.
  836         (d)Renewal permit fee, $5,000.
  837         (4)A person who possesses, cultivates, manufactures,
  838  delivers, distributes, or wholesales cannabis, cannabis-based
  839  products, or cannabis plants at one or more locations must
  840  possess a current, valid permit for each location.
  841         (5)If the department fails to adopt rules to administer
  842  this section by January 1, 2015, a medical cannabis farm
  843  applicant may commence an action in a court of competent
  844  jurisdiction to compel the department to perform the actions
  845  mandated under this section.
  846         468.909Dispensary license.—
  847         (1) A person or entity may not operate a dispensary in this
  848  state except in accordance with this part.
  849         (2) An applicant for an initial or renewal license to
  850  operate a dispensary must address the following information in
  851  the license application:
  852         (a) Knowledge of state and federal laws relating to
  853  cannabis and the medical use of cannabis.
  854         (b) The suitability of the proposed facility.
  855         (c) The proposed staffing plan.
  856         (d) The proposed security plan that has been assessed by
  857  the local law enforcement agency of the county or municipality
  858  in which the dispensary is located.
  859         (e) The proposed retail plan.
  860         (f) The proposed marketing plan.
  861         (g) The proposed storage and inventory control plan.
  862         (h) The proposed labeling plan.
  863         (i)The proposed product safety plan.
  864         (3) The department shall establish by rule the annual
  865  application fees and license fees for a dispensary, which may
  866  not exceed the following amounts:
  867         (a) Application fee, $1,000.
  868         (b) Initial license fee, $5,000.
  869         (c) Application fee for renewing a license, $500.
  870         (d) Renewal license fee, $5,000.
  871         (4) A person who conducts the wholesale purchase or retail
  872  sale of drug paraphernalia or any form of cannabis at or from
  873  more than one location must possess a current valid license for
  874  each location.
  875         (5)If the department fails to adopt rules to administer
  876  this section by January 1, 2015, an applicant seeking to operate
  877  a dispensary may commence an action in a court of competent
  878  jurisdiction to compel the department to perform the actions
  879  mandated under this section.
  880         468.910Applications for licenses and permits.—
  881         (1)An application for a license or permit required under
  882  this part must be filed in writing with the department. An
  883  application must include, at a minimum, the full name, date of
  884  birth, place of birth, social security number, physical
  885  description, residence address and telephone number, and
  886  business address and telephone number of the applicant. Each
  887  application must be accompanied by an accurate and current
  888  photograph of the applicant and a complete set of fingerprints
  889  of the applicant taken by an authorized law enforcement agency;
  890  however, a set of fingerprints is not required if the applicant
  891  has possessed a valid license or permit under this part during
  892  the previous licensing or permitting year and such license or
  893  permit has not lapsed or been suspended or revoked. If
  894  fingerprints are required, the department shall submit the set
  895  of fingerprints to the Department of Law Enforcement for state
  896  processing. If the application does not require a set of
  897  fingerprints, the department shall submit the name and other
  898  identifying data to the Department of Law Enforcement for
  899  processing. The application must be in a form to provide the
  900  data and other information set forth in this subsection and must
  901  be sworn to by the applicant or, if the applicant is a
  902  corporation, by each officer and director of the corporation.
  903  The officers and directors applying on behalf of a corporation
  904  shall provide all of the required identifying data and
  905  information. This section does not preclude electronic filing of
  906  the application.
  907         (2)The department may require an applicant to furnish
  908  other information or data not required by this section if the
  909  information or data are deemed necessary by the department.
  910         468.911Issuance of licenses and permits; prohibitions.—
  911         (1)A license or permit issued by the department in
  912  accordance with this part must set forth, at a minimum, the full
  913  name, date of birth, and physical description of the licensee or
  914  permittee and have permanently affixed an accurate and current
  915  photograph of the licensee or permittee. A license or permit
  916  issued to a corporation must set forth the full name, date of
  917  birth, and physical description of the chief executive officer
  918  and have permanently affixed an accurate and current photograph
  919  of the chief executive officer. A license or permit must also
  920  contain a license number or permit number issued by the
  921  department.
  922         (2) Other data or information may be included on the
  923  license or permit if deemed appropriate by the department.
  924         (3) A license or permit may not be issued, renewed, or
  925  allowed to remain in effect for:
  926         (a) A corporation or entity that has a corporate officer
  927  who is under 18 years of age;
  928         (b) A person who has been convicted in this state or any
  929  other state or federal jurisdiction for:
  930         1. A drug-related felony; or
  931         2. A nondrug-related felony for which the person has not
  932  been pardoned or has not had his or her civil rights restored;
  933  or
  934         (c)A person who has been adjudicated mentally incompetent
  935  or adjudicated mentally defective and has not had his or her
  936  civil rights restored. As used in this paragraph, the phrase:
  937         1. “Adjudicated mentally defective” has the same meaning as
  938  in s. 790.065.
  939         2. “Adjudicated mentally incompetent” means a determination
  940  by a court that a person who, because of mental illness,
  941  intellectual disability, senility, excessive use of drugs or
  942  alcohol, or other mental incapacity, is incapable of managing
  943  his or her property or caring for himself or herself or both.
  944         (4)A person may not knowingly withhold information or
  945  present to the department a false, fictitious, or misrepresented
  946  application, identification, document, information, statement,
  947  or data intended or likely to deceive the department for
  948  obtaining a license or permit.
  949         468.912License and permit to be displayed.—
  950         (1) A medical cannabis farm that has a valid department
  951  issued permit may use the term “medical cannabis farm” or
  952  “permitted medical cannabis farm,” in connection with the
  953  permittee’s name or place of business, to denote permitting
  954  under this part.
  955         (2) A licensed dispensary may use the term “dispensary,”
  956  “licensed dispensary,” or “licensed medical cannabis
  957  dispensary,” in connection with the licensee’s name or place of
  958  business, to denote licensure under this part.
  959         (3) A person who is issued a license or permit under this
  960  part shall keep such license or permit conspicuously displayed
  961  in his or her office, place of business, or place of employment
  962  and shall show such license or permit as required by any member
  963  or authorized representative of the department.
  964         (4) A license or permit that is issued by the department is
  965  valid beginning on October 1 of the year for which it is issued
  966  and expires on September 30 of the following year.
  967         (5)A medical cannabis farm that has a department-issued
  968  permit or a licensed dispensary must renew its permit or license
  969  before its expiration date. If a renewal application and fee are
  970  not filed by the expiration date, the license or permit may be
  971  reinstated only if the licensee or permittee pays, within 30
  972  days after the date of expiration, a delinquent fee that may not
  973  exceed $750 for a medical cannabis farm and $500 for a
  974  dispensary, plus the required renewal and application fees. If a
  975  licensee or permittee fails to comply with the renewal
  976  requirements of this part, the department may seize all
  977  cannabis, cannabis-based products, cannabis plants, and drug
  978  paraphernalia and dispose of them in any manner deemed
  979  appropriate by the department by November 1 of the year the
  980  license or permit expires. Any funds collected from the disposal
  981  shall be placed in the Professional Regulation Trust Fund.
  982         (6)The fee structure for reactivation of an inactive
  983  license or permit, except when renewed within 30 days after the
  984  date of expiration, is the same as for an initial permit or
  985  license, including the application fee.
  986         468.913Reports of theft, illegal use, or illegal
  987  possession.—
  988         (1)A licensee or permittee who incurs a loss, theft, or
  989  unexplained shortage of cannabis, cannabis-based products,
  990  cannabis plants, or drug paraphernalia, or who has knowledge of
  991  a loss, theft, or unexplained shortage of cannabis, cannabis
  992  based products, cannabis plants, or drug paraphernalia, shall,
  993  within 12 hours after the discovery, report such loss, theft, or
  994  unexplained shortage to the county sheriff or police chief of
  995  the jurisdiction in which the loss, theft, or unexplained
  996  shortage occurred. This loss, theft, or unexplained shortage
  997  shall also be reported to the department by the close of the
  998  next business day following the discovery.
  999         (2) A law enforcement agency that investigates the causes
 1000  and circumstances of a loss, theft, or unexplained shortage of
 1001  cannabis, cannabis-based products, cannabis plants, or drug
 1002  paraphernalia shall forward a copy of its final written report
 1003  to the department. The department shall retain these reports in
 1004  the files of the affected licensee or permittee.
 1005         (3)Any sheriff or law enforcement officer in this state
 1006  shall give immediate notice to the department of the theft,
 1007  illegal use, or illegal possession of cannabis, cannabis-based
 1008  products, cannabis plants, or drug paraphernalia and forward a
 1009  copy of his or her final written police report to the
 1010  department.
 1011         468.914 Administrative relief; civil relief; penalties;
 1012  allocation and disposition of moneys collected.—
 1013         (1) If the department has probable cause to believe that a
 1014  person not licensed or permitted by the department has engaged
 1015  in any activities governed by this part or a department rule
 1016  adopted pursuant to this part, the department may:
 1017         (a) Issue and deliver to such person a notice to cease and
 1018  desist from such violation. The issuance of a notice to cease
 1019  and desist does not constitute agency action for which a hearing
 1020  under ss. 120.569 and 120.57 may be sought. For the purpose of
 1021  enforcing a notice to cease and desist, the department may file
 1022  a proceeding seeking issuance of an injunction or a writ of
 1023  mandamus against a person who violates such notice. If the
 1024  department is required to seek enforcement of the notice to
 1025  cease and desist for penalty pursuant to s. 120.569, it is
 1026  entitled to collect its attorney fees and costs.
 1027         (b) In addition to the remedy under paragraph (a), impose
 1028  by citation an administrative fine not to exceed $5,000 for each
 1029  violation per day. Each day that a violation continues
 1030  constitutes a separate violation, and each separate violation is
 1031  subject to a separate fine. The department shall issue the
 1032  citation to the person, and the citation must contain the
 1033  person’s name and any other information the department
 1034  determines to be necessary to identify the person, a brief
 1035  factual statement, the sections of the law allegedly violated,
 1036  and the fine imposed. If the person does not dispute the matter
 1037  in the citation or pay the fine within 30 days after the
 1038  citation is served, the citation becomes a final order of the
 1039  department. The department is entitled to recover the costs of
 1040  investigation and prosecution in addition to the fine levied
 1041  pursuant to the citation.
 1042         (c) In addition to the administrative remedies under
 1043  paragraphs (a) and (b), seek injunctive relief in the Circuit
 1044  Court of Leon County and apply for temporary orders and
 1045  permanent orders as the department deems necessary to restrain
 1046  such person from engaging in any activity under this part until
 1047  such person complies. The court may also award to the prevailing
 1048  party court costs and reasonable attorney fees and, if the
 1049  department prevails, may also award reasonable costs for
 1050  investigation and prosecution.
 1051         (2) The department may revoke or suspend in accordance with
 1052  this subsection all of the licenses or permits held by a person.
 1053  An order of suspension must specify the duration of the
 1054  suspension, which may not exceed 1 year from the date of the
 1055  order. An order of revocation may be entered for a period not to
 1056  exceed 5 years. The order affects the revocation of all licenses
 1057  and permits held by the person. During such period, a license or
 1058  permit may not be issued to the person. If, during the period
 1059  between the beginning of a proceeding to revoke or suspend a
 1060  license or permit and the entry of an order of suspension or
 1061  revocation by the department, a new license or permit is issued
 1062  to the person, any order of suspension or revocation applies
 1063  with respect to the new license or permit. A person whose permit
 1064  or license has been suspended or revoked may not be issued a new
 1065  permit or license under any other name or company name until the
 1066  expiration of the suspension or revocation. In addition to the
 1067  administrative remedies and civil remedies under paragraphs
 1068  (1)(b) and (c) and the criminal penalties in subsection (3), the
 1069  department may revoke or suspend a license or permit if a person
 1070  does any of the following:
 1071         (a) Violates this part or a department rule adopted
 1072  pursuant to this part.
 1073         (b) Fails to pay an administrative fine within 30 days
 1074  after a citation becomes a final order.
 1075         (c) Knowingly makes or files a report that is false,
 1076  intentionally or negligently fails to file a report or record
 1077  required by state law, or willfully impedes or obstructs such
 1078  filing or induces another person to do so.
 1079         (d) Pays or receives, directly or indirectly, a commission,
 1080  bonus, kickback, or rebate to or from, or who engages in any
 1081  split-fee arrangement in any form with, a physician,
 1082  organization, agency, or person for patients referred to a
 1083  provider of health care goods and services, including, but not
 1084  limited to, a hospital, nursing home, clinical laboratory,
 1085  ambulatory surgical center, or pharmacy.
 1086         (3)(a)A licensee, a permittee, or any person who knowingly
 1087  withholds information or:
 1088         1. Presents to the department a false, fictitious, or
 1089  misrepresented application, registration, identification,
 1090  document, information, statement, or data intended or likely to
 1091  deceive the department for the purpose of obtaining or renewing
 1092  a license or permit commits a misdemeanor of the first degree,
 1093  punishable as provided in s. 775.082 or s. 775.083.
 1094         2.Makes a false or fictitious entry or a misrepresentation
 1095  upon any invoice, receipt, sales ticket, sales slip, or account
 1096  of inventories commits a misdemeanor of the first degree,
 1097  punishable as provided in s. 775.082 or s. 775.083.
 1098         (b) A licensee who knowingly fails to maintain written
 1099  accounts of inventories or records of sales or transfers commits
 1100  a misdemeanor of the first degree, punishable as provided in s.
 1101  775.082 or s. 775.083.
 1102         (c) A permittee who knowingly fails to maintain written
 1103  inventories and records commits a misdemeanor of the first
 1104  degree, punishable as provided in s. 775.082 or s. 775.083.
 1105         (d) A licensee or permittee who fails to report the loss,
 1106  theft, or unexplained shortage of cannabis, cannabis-based
 1107  products, cannabis plants, or drug paraphernalia commits a
 1108  misdemeanor of the first degree, punishable as provided in s.
 1109  775.082 or s. 775.083.
 1110         (4) The provisions of this section are cumulative and do
 1111  not affect any other lawful remedy available to the state,
 1112  including administrative fines and injunctive relief.
 1113         (5) All fines, monetary penalties, and costs received by
 1114  the department in connection with this part shall be deposited
 1115  into the Professional Regulation Trust Fund.
 1116         468.915Conduct of hearings; review of orders of the
 1117  department.—All hearings shall be conducted in accordance with
 1118  chapter 120. All reviews of orders of the department shall be in
 1119  accordance with chapter 120.
 1120         468.916County and municipal ordinances.—A county or
 1121  municipality in this state may create or impose an ordinance or
 1122  rule pertaining to the medical use of cannabis which is not
 1123  inconsistent with the provisions contained in this part, part
 1124  III of chapter 499, or applicable department rules.
 1125         468.917Collection of moneys.—All moneys collected under
 1126  this part and deposited into the Professional Regulation Trust
 1127  Fund shall be used by the department in the administration of
 1128  this part. The department shall maintain a separate account in
 1129  the Professional Regulation Trust Fund for the Drugs, Devices,
 1130  and Cosmetics program.
 1131         468.918 Rules.—
 1132         (1) By October 1, 2014, the department shall adopt rules to
 1133  administer this part, including rules that:
 1134         (a) Create an application form and a procedure for
 1135  obtaining a permit to own or operate a medical cannabis farm.
 1136         (b) Create an application form and a procedure for
 1137  obtaining a license to own or operate a dispensary.
 1138         (c) Create a registration form and procedure for
 1139  registering as an owner, director, officer, member,
 1140  incorporator, employee, or agent.
 1141         (d) Determine the registration fees to register as an
 1142  owner, director, officer, member, incorporator, employee, or
 1143  agent in accordance with s. 468.907.
 1144         (e) Determine the licensing fees and permitting fees to own
 1145  or operate a dispensary or medical cannabis farm in accordance
 1146  with ss. 468.908 and 468.909.
 1147         (f) Determine the appropriate signage, outdoor lighting,
 1148  security system, security plan, and theft prevention plan for
 1149  medical cannabis farms and dispensaries.
 1150         (g) Determine the hours during which medical cannabis farms
 1151  and dispensaries may operate.
 1152         (h) Establish the inspection and audit procedures and
 1153  recordkeeping requirements for medical cannabis farms and
 1154  dispensaries to ensure compliance with the rules of the
 1155  department.
 1156         (i)Specify persons who may legally possess cannabis for
 1157  the purpose of teaching, research, or testing and create a form
 1158  to exempt the lawful possession of cannabis by those persons.
 1159         (2)By January 1, 2015, the Department of Revenue shall
 1160  adopt rules that govern the manner in which:
 1161         (a) Medical cannabis farms are subject to taxation and
 1162  reporting for the wholesale distribution of cannabis for medical
 1163  use.
 1164         (b) Dispensaries are subject to taxation and reporting for
 1165  the retail distribution of cannabis for medical use.
 1166         (3) The fees collected by the Department of Business and
 1167  Professional Regulation and the Department of Revenue pursuant
 1168  to this part shall be applied first toward the cost of
 1169  administering this part.
 1170         (4) If the Department of Business and Professional
 1171  Regulation or the Department of Revenue fails to adopt rules to
 1172  administer this part by January 1, 2015, a resident of this
 1173  state may commence an action in a court of competent
 1174  jurisdiction to compel performance of the actions mandated under
 1175  this part.
 1176         Section 3. Part III of chapter 499, Florida Statutes,
 1177  consisting of sections 499.802-499.810, is created to read:
 1178         499.802 Definitions.—As used in this part, unless the
 1179  context clearly indicates otherwise, the term:
 1180         (1) “Administer” has the same meaning as in s. 893.02.
 1181         (2) “Bona fide physician-patient relationship” means a
 1182  relationship between a physician and patient in which the
 1183  physician has:
 1184         (a) Completed a full assessment of the patient’s medical
 1185  history and current medical condition, including a personal
 1186  physical examination; and
 1187         (b) Responsibility for the ongoing care and treatment of
 1188  the patient.
 1189         (3) “Cannabis” has the same meaning as provided in s.
 1190  893.02.
 1191         (4) “Cannabis plant” has the same meaning as provided in s.
 1192  893.135.
 1193         (5) “Cardholder” means a qualifying patient, or the
 1194  patient’s caregiver, who has been issued and possesses a valid
 1195  registry identification card.
 1196         (6) “Cultivating” has the same meaning as in s. 893.02.
 1197         (7) “Department” means the Department of Health.
 1198         (8) “Dispensary” has the same meaning as provided in s.
 1199  468.903.
 1200         (9) “Dispense” has the same meaning as provided in s.
 1201  468.903.
 1202         (10) “Distribute” has the same meaning as provided in s.
 1203  468.903.
 1204         (11) “Drug paraphernalia” has the same meaning as provided
 1205  in s. 468.903.
 1206         (12) “Manufacture” has the same meaning as provided in s.
 1207  468.903.
 1208         (13) “Medical cannabis farm” has the same meaning as
 1209  provided in s. 468.903.
 1210         (14) “Medical treatment facility” means a facility that
 1211  provides, as its primary purpose, human medical diagnostic
 1212  services or nonsurgical human medical treatment. The term does
 1213  not include an office maintained by a dentist or endodontist for
 1214  the practice of dentistry or endodontics.
 1215         (15) “Medical use” has the same meaning as provided in s.
 1216  468.903.
 1217         (16) “Patient’s caregiver” or “caregiver” has the same
 1218  meaning as provided in s. 468.903.
 1219         (17) “Physician” has the same meaning as provided in s.
 1220  468.903.
 1221         (18) “Qualifying medical condition” has the same meaning as
 1222  provided in s. 468.903.
 1223         (19) “Qualifying medical treatment” has the same meaning as
 1224  provided in s. 468.903.
 1225         (20) “Qualifying patient” has the same meaning as provided
 1226  in s. 468.903.
 1227         (21) “Registry identification card” has the same meaning as
 1228  provided in s. 468.903.
 1229         (22) “Usable cannabis” has the same meaning as provided in
 1230  s. 468.903.
 1231         499.803 Cannabis for medical use.
 1232         (1) Notwithstanding any other provision of law, a
 1233  qualifying patient may cultivate, possess, and administer
 1234  cannabis for medical use and possess and use drug paraphernalia
 1235  in accordance with this part and department rule only after
 1236  obtaining a signed, written prescription from a physician in
 1237  accordance with s. 499.805 and a registry identification card
 1238  from the department.
 1239         (2) Notwithstanding any other provision of law, a patient’s
 1240  caregiver may cultivate, possess, and administer cannabis for a
 1241  qualifying patient and possess, deliver, and use drug
 1242  paraphernalia for the sole purpose of assisting in the
 1243  qualifying patient’s medical use of cannabis in accordance with
 1244  this part and department rule only after obtaining a registry
 1245  identification card from the department.
 1246         (3) A registry identification card, or its equivalent,
 1247  which is issued under the laws of another state, district,
 1248  territory, commonwealth, or insular possession of the United
 1249  States and allows the medical use of cannabis by a visiting
 1250  qualifying patient or allows a person to assist with a visiting
 1251  qualifying patient’s medical use of cannabis has the same force
 1252  and effect as a registry identification card issued by the
 1253  department.
 1254         (4) A qualifying patient shall, upon demand, present to a
 1255  law enforcement officer his or her registry identification card
 1256  to confirm that he or she is authorized to cultivate, possess,
 1257  and administer cannabis for medical use and possess and use drug
 1258  paraphernalia in accordance with this part and department rule.
 1259         (5) A patient’s caregiver shall, upon demand, present to a
 1260  law enforcement officer his or her registry identification card
 1261  to confirm that he or she is authorized to cultivate, possess,
 1262  and administer cannabis for a qualifying patient and possess,
 1263  deliver, and use drug paraphernalia in accordance with this part
 1264  and department rule.
 1265         (6) A qualifying patient or the patient’s caregiver may:
 1266         (a) Purchase, possess, administer, or deliver cannabis,
 1267  cannabis-based products, cannabis plants, and drug paraphernalia
 1268  obtained only from a dispensary or medical cannabis farm that is
 1269  issued a license or permit from the Department of Business and
 1270  Profession Regulation; or
 1271         (b) Cultivate cannabis and cannabis plants for medical use
 1272  for only a qualifying patient’s possession and administration.
 1273         (7) A qualifying patient who is a minor may possess and
 1274  administer cannabis and cannabis-based products for medical use
 1275  and possess and use drug paraphernalia in accordance with this
 1276  part and department rule only:
 1277         (a) In the presence of the minor’s parent or legal
 1278  guardian; and
 1279         (b) If the minor’s parent or legal guardian has signed a
 1280  written statement affirming that the parent or legal guardian:
 1281         1. Understands the minor’s qualifying medical condition or
 1282  qualifying medical treatment;
 1283         2. Understands the potential benefits and potential adverse
 1284  effects of the medical use of cannabis, generally and
 1285  specifically, in the case of the minor;
 1286         3. Consents to the medical use of cannabis by the minor;
 1287  and
 1288         4. Consents to the designation of, or designates, an
 1289  authorized person to serve as the minor’s caregiver and to
 1290  control the medical use of cannabis by the minor.
 1291         (8) If a qualifying patient who possesses a registry
 1292  identification card changes his or her designation of a
 1293  caregiver, the department shall issue a registry identification
 1294  card to the qualifying patient’s new caregiver and:
 1295         (a) Notify the qualifying patient’s former caregiver within
 1296  10 days after the department has issued a registry
 1297  identification card to the qualifying patient’s new caregiver.
 1298  The registry identification card of the qualifying patient’s
 1299  former caregiver expires 10 days after such notification by the
 1300  department; or
 1301         (b) If the former caregiver remains connected through the
 1302  department’s registration process to other qualifying patients,
 1303  issue a new registry identification card to the qualifying
 1304  patient’s former caregiver which indicates an updated list of
 1305  qualifying patients to whom the caregiver remains connected
 1306  through the department’s registration process. The caregiver’s
 1307  registry identification card that indicates the former
 1308  qualifying patient immediately expires upon the caregiver’s
 1309  receipt of the new registry identification card.
 1310         (9) If a cardholder loses his or her registry
 1311  identification card, he or she shall notify the department and
 1312  submit a $25 fee within 10 days after reporting the lost card.
 1313  Within 5 days after being notified and receiving the $25 fee,
 1314  the department shall issue a new registry identification card to
 1315  the cardholder.
 1316         (10) If the department fails to act upon a request for a
 1317  registry identification card within 35 days after receiving the
 1318  registration form, the card is deemed granted, and the copy of
 1319  the registration form is deemed a valid registry identification
 1320  card.
 1321         (11) If the department determines that a cardholder
 1322  willfully violates this part, the department may revoke the
 1323  cardholder’s registry identification card as provided by rule.
 1324         499.804 Restrictions on the use of cannabis for medical
 1325  use.—
 1326         (1) A person who seeks designation as a qualifying patient
 1327  or the patient’s caregiver must register with the department.
 1328         (2) A patient’s caregiver may be connected to up to three
 1329  qualifying patients through the department’s registration
 1330  process as indicated on the caregiver’s valid registry
 1331  identification card.
 1332         (3) A qualifying patient or the patient’s caregiver shall
 1333  deliver or distribute cannabis in a labeled container or sealed
 1334  package in a manner and method established by rule.
 1335         (a) The maximum amount of cannabis which a qualifying
 1336  patient may possess at any given time is 250 grams of usable
 1337  cannabis, eight mature cannabis plants, and eight immature
 1338  cannabis plants.
 1339         (b) The maximum amount of cannabis which a patient’s
 1340  caregiver may possess at any given time is:
 1341         1. The number of grams of usable cannabis determined by
 1342  multiplying by 250 the number of qualifying patients to whom the
 1343  caregiver is connected through the department’s registration
 1344  process as indicated on the caregiver’s valid registry
 1345  identification card.
 1346         2. The number of mature cannabis plants determined by
 1347  multiplying by 8 the number of qualifying patients to whom the
 1348  caregiver is connected through the department’s registration
 1349  process as indicated on the caregiver’s valid registry
 1350  identification card.
 1351         3. The number of immature cannabis plants determined by
 1352  multiplying by 8 the number of qualifying patients to whom the
 1353  caregiver is connected through the department’s registration
 1354  process as indicated on the caregiver’s valid registry
 1355  identification card.
 1356         (4) If a cardholder cultivates his or her own cannabis for
 1357  medical use, the cardholder must do so in a room, greenhouse,
 1358  garden, or other enclosed area that is kept locked and out of
 1359  the public view. This subsection does not apply when the plants
 1360  are being delivered or distributed:
 1361         (a) Because the cardholder is changing permanent residence
 1362  or temporary residence as defined in s. 775.21; or
 1363         (b) To the property of the cardholder or, in the case of a
 1364  caregiver, to the property of the caregiver’s qualifying
 1365  patient.
 1366         (5) Cannabis may be administered at a medical treatment
 1367  facility if allowed by the facility and if a qualifying patient
 1368  is receiving medical care for a qualifying medical condition or
 1369  treatment. Cannabis may not be administered by or to a
 1370  qualifying patient at a dispensary or in a public place.
 1371         (6) This part does not allow a person to undertake a task
 1372  under the influence of cannabis when doing so constitutes
 1373  professional negligence or professional malpractice.
 1374         (7) The medical use of cannabis as authorized under this
 1375  part and under department rule does not create a defense to an
 1376  offense proscribed by law which is not otherwise excepted in
 1377  this chapter or in chapter 468. Evidence of a person’s voluntary
 1378  intoxication from the use of cannabis is not admissible in a
 1379  judicial proceeding to show that the person lacked the specific
 1380  intent to commit an offense or to show that the person was
 1381  insane at the time of the offense, except when the consumption
 1382  was pursuant to a lawful prescription issued to the person by a
 1383  physician.
 1384         (8) Notwithstanding any other provision of law, a person or
 1385  entity may provide information about the existence or operations
 1386  of a medical cannabis farm or dispensary to another person
 1387  pursuant to this part.
 1388         (9) A person who is stopped by a law enforcement officer
 1389  upon reasonable suspicion or probable cause that he or she is in
 1390  possession of cannabis may not be further detained or arrested
 1391  on this sole basis if the person is in compliance with this part
 1392  and department rule.
 1393         499.805 Physicians; prescriptions for the medical use of
 1394  cannabis.—
 1395         (1) A physician may prescribe the medical use of cannabis
 1396  to a qualifying patient if the physician:
 1397         (a) Is in a bona fide physician-patient relationship with
 1398  the qualifying patient; and
 1399         (b) Determines that the prescription is needed based on the
 1400  qualifying patient’s medical history and current medical
 1401  condition and a review of other approved medications and
 1402  treatments that may provide the qualifying patient with relief
 1403  from a qualifying medical condition or its symptoms or the side
 1404  effects of a qualifying medical treatment.
 1405         (2) If a physician prescribes cannabis for medical use to a
 1406  qualifying patient, the physician shall complete a written
 1407  prescription pursuant to s. 456.42 and include:
 1408         (a) A statement that the qualifying patient may use
 1409  cannabis;
 1410         (b) The physician’s federal controlled substance registry
 1411  number; and
 1412         (c) A statement that the prescription for the medical use
 1413  of cannabis is necessary.
 1414         (3) A physician is not subject to arrest, prosecution, or
 1415  penalty, including, but not limited to, civil penalty or
 1416  disciplinary action by the department or by any other business
 1417  licensing board, occupational licensing board, or professional
 1418  licensing board, or subject to denial of any right or privilege,
 1419  solely for advising a patient about the medical use of cannabis,
 1420  prescribing the medical use of cannabis in accordance with this
 1421  part and department rule, providing a written prescription in
 1422  accordance with this section, or stating that, in the
 1423  physician’s professional opinion, the potential benefits of the
 1424  medical use of cannabis likely outweigh the health risks for a
 1425  patient.
 1426         (4) A physician who recommends, advises, or prescribes
 1427  cannabis for medical use to a qualifying patient may not have a
 1428  professional office located at a medical cannabis farm or
 1429  dispensary or receive financial compensation for the
 1430  recommendation, advice, or prescription from a medical cannabis
 1431  farm or dispensary or an owner, director, officer, member,
 1432  incorporator, agent, or employee of such farm or dispensary.
 1433         499.806Arrest and prosecution.—
 1434         (1)(a) A qualifying patient who has in his or her
 1435  possession a valid registry identification card is not subject
 1436  to arrest, prosecution, or penalty, including, but not limited
 1437  to, civil penalty or disciplinary action by a business licensing
 1438  board, occupational licensing board, or professional licensing
 1439  board, and may not be denied any right or privilege, for the
 1440  medical use of cannabis if the qualifying patient possesses an
 1441  amount of cannabis which does not exceed 250 grams of usable
 1442  cannabis, eight mature cannabis plants, and eight immature
 1443  cannabis plants.
 1444         (b) A patient’s caregiver who has in his or her possession
 1445  a valid registry identification card is not subject to arrest,
 1446  prosecution, or penalty, including, but not limited to, civil
 1447  penalty or disciplinary action by a business licensing board,
 1448  occupational licensing board, or professional licensing board,
 1449  and may not be denied any right or privilege, for assisting a
 1450  qualifying patient to whom he or she is connected through the
 1451  department’s registration process with the delivery or
 1452  distribution of cannabis if the patient’s caregiver possesses an
 1453  amount of cannabis which does not exceed 250 grams of usable
 1454  cannabis, eight mature cannabis plants, or eight immature
 1455  cannabis plants for each qualifying patient to whom he or she is
 1456  connected through the department’s registration process as
 1457  indicated on the caregiver’s valid registry identification card.
 1458         (c) A nurse practitioner, registered nurse, or pharmacist
 1459  is not subject to arrest, prosecution, or penalty, including,
 1460  but not limited to, civil penalty or disciplinary action by a
 1461  business licensing board, occupational licensing board, or
 1462  professional licensing board, and may not be denied any right or
 1463  privilege, solely for discussing with a patient the benefits or
 1464  health risks of cannabis or its interaction with other
 1465  substances.
 1466         (d) A person is not subject to arrest or prosecution for
 1467  constructive possession, conspiracy, aiding and abetting, being
 1468  an accessory, or any other offense for being in the presence or
 1469  vicinity of the medical use of cannabis by a qualifying patient
 1470  or for assisting in, as the patient’s caregiver, the medical use
 1471  of cannabis by a qualifying patient as allowed under this part.
 1472         (2) A school, employer, or property owner may not refuse to
 1473  enroll, employ, or lease to or otherwise penalize a person
 1474  solely for his or her status as a cardholder.
 1475         (3) A presumption is created that a qualifying patient or
 1476  the patient’s caregiver is engaged in the medical use of
 1477  cannabis if the qualifying patient or the patient’s caregiver is
 1478  in possession of a valid registry identification card and if the
 1479  number of cannabis plants or the amount of cannabis does not
 1480  exceed the amount allowed under this section.
 1481         (4) A presumption of the medical use or possession of
 1482  cannabis under this section may be rebutted by evidence that the
 1483  conduct related to cannabis was not intended to treat, or assist
 1484  with the treatment of, a qualifying medical condition or the
 1485  symptoms associated with that condition or to alleviate the side
 1486  effects of a qualifying medical treatment.
 1487         (5) The patient’s caregiver may be reimbursed for actual
 1488  costs associated with assisting a qualifying patient in his or
 1489  her medical use of cannabis. This reimbursement does not
 1490  constitute the sale of a controlled substance under s. 893.13.
 1491         (6) For the purposes of medical care, a qualifying
 1492  patient’s medical use of cannabis is equivalent to the use of
 1493  other medication used at the direction of a physician. Such use
 1494  does not constitute the use of an illicit drug under s. 893.03.
 1495         (7) A person, cardholder, medical cannabis farm, or
 1496  dispensary that cultivates, manufactures, possesses,
 1497  administers, dispenses, distributes, or uses cannabis or
 1498  manufactures, possesses, distributes, or uses drug paraphernalia
 1499  in a manner not authorized by this part, part XVII of chapter
 1500  468, or department rule is subject to criminal prosecution and
 1501  sanctions under chapter 893.
 1502         (8) A person who makes a fraudulent representation to a law
 1503  enforcement officer of any fact or circumstance relating to the
 1504  person’s cultivation, manufacture, possession, administration,
 1505  dispensing, distribution, or authorized use of cannabis, or
 1506  possession or use of drug paraphernalia, to avoid arrest or
 1507  prosecution is subject to a criminal fine not to exceed $1,000.
 1508  The imposition of the fine is in addition to penalties that may
 1509  otherwise apply for the making of a false statement or for the
 1510  cultivation, manufacture, possession, administration,
 1511  dispensing, distribution, or unauthorized use of cannabis or
 1512  possession or use of drug paraphernalia.
 1513         499.807Defenses.—
 1514         (1) The following circumstances may be raised as an
 1515  affirmative defense to a criminal charge of possession or
 1516  distribution of cannabis or possession with intent to distribute
 1517  cannabis:
 1518         (a) The person charged with the offense is in possession of
 1519  a valid registry identification card;
 1520         (b) The person charged with the offense is 18 years of age
 1521  or older; and
 1522         (c)1. The possession or distribution, or possession with
 1523  intent to distribute, occurs at a medical facility that allows
 1524  the medical use of cannabis; or
 1525         2.The possession, distribution, or possession with intent
 1526  to distribute occurs in a medical cannabis farm or dispensary.
 1527         (2) Before, or at the time of, a cardholder’s court
 1528  appearance for a criminal charge of possession or use of drug
 1529  paraphernalia, or for a criminal charge of possession, use, or
 1530  administration of a legal amount of cannabis for medical use,
 1531  the clerk of the court may dismiss the charge and assess a
 1532  dismissal fee of $25 if the cardholder:
 1533         (a) Upon demand by a law enforcement officer, was unable to
 1534  present to the law enforcement officer a registry identification
 1535  card to confirm that the cardholder may possess or use drug
 1536  paraphernalia or possess, use, or administer legal amounts of
 1537  cannabis for medical use; and
 1538         (b) Before, or at the time of, the cardholder’s court
 1539  appearance, produces in court or to the clerk of the court in
 1540  which the charge is pending the cardholder’s registry
 1541  identification card that was valid at the time of the
 1542  cardholder’s arrest.
 1543         (3) Except as provided in subsections (1) and (2), a
 1544  cardholder may assert the purpose for the medical use of
 1545  cannabis as a defense to any prosecution involving cannabis, and
 1546  such defense is presumed valid if the evidence shows that:
 1547         (a) The qualifying patient’s physician has stated that, in
 1548  the physician’s professional opinion, after having completed a
 1549  full assessment of the patient’s medical history and current
 1550  medical condition made in the course of a bona fide physician
 1551  patient relationship, the potential benefits of using cannabis
 1552  would likely outweigh the health risks for the qualifying
 1553  patient; and
 1554         (b) The qualifying patient and the patient’s caregiver, if
 1555  any, were collectively in possession of a quantity of cannabis
 1556  which was not more than that allowed under this part to ensure
 1557  the uninterrupted availability of cannabis for the purpose of
 1558  treating a qualifying medical condition and the symptoms
 1559  associated with that condition or alleviating the side effects
 1560  of a qualifying medical treatment.
 1561         (4) A person may assert the purpose for the medical use of
 1562  cannabis in a motion to dismiss, and the charges shall be
 1563  dismissed following an evidentiary hearing if the person
 1564  presents the evidence specified in subsection (3).
 1565         (5) The Florida Contraband Forfeiture Act, contained in ss.
 1566  932.701-932.706, does not apply to any interest in or right to
 1567  property that is possessed, owned, or used in connection with
 1568  the medical use of cannabis or acts incidental to such use.
 1569         499.808Insurance.—This part does not require a
 1570  governmental, private, or other health insurance provider or
 1571  health care services plan to cover, or prohibit it from
 1572  covering, a claim for reimbursement for the medical use of
 1573  cannabis.
 1574         499.809Confidentiality.—
 1575         (1) An employer, laboratory, employee assistance program,
 1576  or alcohol and drug rehabilitation program or its agents may not
 1577  release information obtained pursuant to this part in accordance
 1578  with s. 112.0455 without a written consent form signed
 1579  voluntarily by the qualifying patient or the patient’s caregiver
 1580  unless such release is compelled by a hearing officer or a court
 1581  of competent jurisdiction pursuant to an appeal taken under this
 1582  part or is deemed appropriate by a business licensing board,
 1583  professional licensing board, or occupational licensing board in
 1584  a related disciplinary proceeding. The consent form must
 1585  contain, at a minimum:
 1586         (a) The name of the person who is authorized to obtain the
 1587  information.
 1588         (b) The purpose of the disclosure.
 1589         (c) The precise information to be disclosed.
 1590         (d) The duration of the consent.
 1591         (e) The signature of the person authorizing release of the
 1592  information.
 1593         (2) Information regarding a qualifying patient or the
 1594  patient’s caregiver may not be released or used in a criminal
 1595  proceeding against the qualifying patient or the patient’s
 1596  caregiver. Information released contrary to this section is
 1597  inadmissible as evidence in a criminal proceeding.
 1598         (3)This section does not prohibit the department or its
 1599  employees or agents from obtaining access to information
 1600  regarding a qualifying patient or the patient’s caregiver if the
 1601  department or its employees and agents consult with legal
 1602  counsel in connection with actions brought under or related to
 1603  this part or if the information is relevant to the department’s
 1604  defense in a civil or administrative proceeding.
 1605         499.810Rules.—
 1606         (1) By October 1, 2014, the department shall adopt rules to
 1607  administer this part, including rules to:
 1608         (a) Create a registration form, a procedure, and
 1609  eligibility requirements to obtain and renew a registry
 1610  identification card for a qualifying patient and the patient’s
 1611  caregiver. The department shall, by rule, establish registration
 1612  and renewal fees that generate revenues sufficient to offset all
 1613  expenses of implementing and administering this part.
 1614         (b) Adopt manufacturing practices with which medical
 1615  cannabis farms and dispensaries must comply in order to ensure
 1616  that cannabis sold by such farms and dispensaries is of
 1617  pharmaceutical grade.
 1618         (c) Ensure that the labeling on cannabis sold by medical
 1619  cannabis farms and dispensaries provides sufficient information
 1620  for qualifying patients to be able to make informed choices
 1621  about grades and forms of cannabis for medical use.
 1622         (d) Prescribe procedures and guidelines for the inspection
 1623  and auditing of dispensaries.
 1624         (2) If the department fails to adopt rules to administer
 1625  this part by January 1, 2015, a resident of this state may
 1626  commence an action in a court of competent jurisdiction to
 1627  compel performance of the actions mandated under this section.
 1628         Section 4. Emergency rules.—
 1629         (1) The executive director of the Department of Revenue is
 1630  authorized, and all conditions are deemed met, to adopt
 1631  emergency rules under ss. 120.536(1) and 120.54(4), Florida
 1632  Statutes, for the purpose of implementing this act.
 1633         (2) Notwithstanding any other provision of law, the
 1634  emergency rules shall remain in effect for 6 months after
 1635  adoption and may be renewed during the pendency of procedures to
 1636  adopt permanent rules addressing the subject of the emergency
 1637  rules.
 1638         Section 5. Subsection (6) of section 812.14, Florida
 1639  Statutes, is amended to read:
 1640         812.14 Trespass and larceny with relation to utility
 1641  fixtures; theft of utility services.—
 1642         (6) It is prima facie evidence of a person’s intent to
 1643  violate subsection (5) if:
 1644         (a) A controlled substance and materials for manufacturing
 1645  the controlled substance intended for sale or distribution to
 1646  another were found in a dwelling or structure;
 1647         (b) Except as provided in this chapter, chapter 468, or
 1648  chapter 499 and notwithstanding s. 893.13, the dwelling or
 1649  structure has been visibly modified to accommodate the use of
 1650  equipment to grow marijuana indoors, including, but not limited
 1651  to, the installation of equipment to provide additional air
 1652  conditioning, equipment to provide high-wattage lighting, or
 1653  equipment for hydroponic cultivation; and
 1654         (c) The person or entity that owned, leased, or subleased
 1655  the dwelling or structure knew of, or did so under such
 1656  circumstances as would induce a reasonable person to believe in,
 1657  the presence of a controlled substance and materials for
 1658  manufacturing a controlled substance in the dwelling or
 1659  structure, regardless of whether the person or entity was
 1660  involved in the manufacture or sale of a controlled substance or
 1661  was in actual possession of the dwelling or structure.
 1662         Section 6. Paragraph (c) of subsection (1) of section
 1663  893.03, Florida Statutes, is amended to read:
 1664         893.03 Standards and schedules.—The substances enumerated
 1665  in this section are controlled by this chapter. The controlled
 1666  substances listed or to be listed in Schedules I, II, III, IV,
 1667  and V are included by whatever official, common, usual,
 1668  chemical, or trade name designated. The provisions of this
 1669  section shall not be construed to include within any of the
 1670  schedules contained in this section any excluded drugs listed
 1671  within the purview of 21 C.F.R. s. 1308.22, styled “Excluded
 1672  Substances”; 21 C.F.R. s. 1308.24, styled “Exempt Chemical
 1673  Preparations”; 21 C.F.R. s. 1308.32, styled “Exempted
 1674  Prescription Products”; or 21 C.F.R. s. 1308.34, styled “Exempt
 1675  Anabolic Steroid Products.”
 1676         (1) SCHEDULE I.—A substance in Schedule I has a high
 1677  potential for abuse and has no currently accepted medical use in
 1678  treatment in the United States and in its use under medical
 1679  supervision does not meet accepted safety standards. The
 1680  following substances are controlled in Schedule I:
 1681         (c) Unless specifically excepted or unless listed in
 1682  another schedule, any material, compound, mixture, or
 1683  preparation that contains any quantity of the following
 1684  hallucinogenic substances or that contains any of their salts,
 1685  isomers, including optical, positional, or geometric isomers,
 1686  and salts of isomers, if the existence of such salts, isomers,
 1687  and salts of isomers is possible within the specific chemical
 1688  designation:
 1689         1. Alpha-ethyltryptamine.
 1690         2. 2-Amino-4-methyl-5-phenyl-2-oxazoline (4
 1691  methylaminorex).
 1692         3. 2-Amino-5-phenyl-2-oxazoline (Aminorex).
 1693         4. 4-Bromo-2,5-dimethoxyamphetamine.
 1694         5. 4-Bromo-2,5-dimethoxyphenethylamine.
 1695         6. Bufotenine.
 1696         7. Cannabis, except as authorized in chapters 468 and 499.
 1697         8. Cathinone.
 1698         9. Diethyltryptamine.
 1699         10. 2,5-Dimethoxyamphetamine.
 1700         11. 2,5-Dimethoxy-4-ethylamphetamine (DOET).
 1701         12. Dimethyltryptamine.
 1702         13. N-Ethyl-1-phenylcyclohexylamine (PCE) (Ethylamine
 1703  analog of phencyclidine).
 1704         14. N-Ethyl-3-piperidyl benzilate.
 1705         15. N-ethylamphetamine.
 1706         16. Fenethylline.
 1707         17. N-Hydroxy-3,4-methylenedioxyamphetamine.
 1708         18. Ibogaine.
 1709         19. Lysergic acid diethylamide (LSD).
 1710         20. Mescaline.
 1711         21. Methcathinone.
 1712         22. 5-Methoxy-3,4-methylenedioxyamphetamine.
 1713         23. 4-methoxyamphetamine.
 1714         24. 4-methoxymethamphetamine.
 1715         25. 4-Methyl-2,5-dimethoxyamphetamine.
 1716         26. 3,4-Methylenedioxy-N-ethylamphetamine.
 1717         27. 3,4-Methylenedioxyamphetamine.
 1718         28. N-Methyl-3-piperidyl benzilate.
 1719         29. N,N-dimethylamphetamine.
 1720         30. Parahexyl.
 1721         31. Peyote.
 1722         32. N-(1-Phenylcyclohexyl)-pyrrolidine (PCPY) (Pyrrolidine
 1723  analog of phencyclidine).
 1724         33. Psilocybin.
 1725         34. Psilocyn.
 1726         35. Salvia divinorum, except for any drug product approved
 1727  by the United States Food and Drug Administration which contains
 1728  Salvia divinorum or its isomers, esters, ethers, salts, and
 1729  salts of isomers, esters, and ethers, if the existence of such
 1730  isomers, esters, ethers, and salts is possible within the
 1731  specific chemical designation.
 1732         36. Salvinorin A, except for any drug product approved by
 1733  the United States Food and Drug Administration which contains
 1734  Salvinorin A or its isomers, esters, ethers, salts, and salts of
 1735  isomers, esters, and ethers, if the existence of such isomers,
 1736  esters, ethers, and salts is possible within the specific
 1737  chemical designation.
 1738         37. Tetrahydrocannabinols, except as authorized in chapters
 1739  468 and 499.
 1740         38. 1-[1-(2-Thienyl)-cyclohexyl]-piperidine (TCP)
 1741  (Thiophene analog of phencyclidine).
 1742         39. 3,4,5-Trimethoxyamphetamine.
 1743         40. 3,4-Methylenedioxymethcathinone.
 1744         41. 3,4-Methylenedioxypyrovalerone (MDPV).
 1745         42. Methylmethcathinone.
 1746         43. Methoxymethcathinone.
 1747         44. Fluoromethcathinone.
 1748         45. Methylethcathinone.
 1749         46. 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2
 1750  yl)phenol, also known as CP 47,497 and its dimethyloctyl (C8)
 1751  homologue.
 1752         47. (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2
 1753  methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo [c]chromen-1-ol,
 1754  also known as HU-210.
 1755         48. 1-Pentyl-3-(1-naphthoyl)indole, also known as JWH-018.
 1756         49. 1-Butyl-3-(1-naphthoyl)indole, also known as JWH-073.
 1757         50. 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl) indole, also
 1758  known as JWH-200.
 1759         51. BZP (Benzylpiperazine).
 1760         52. Fluorophenylpiperazine.
 1761         53. Methylphenylpiperazine.
 1762         54. Chlorophenylpiperazine.
 1763         55. Methoxyphenylpiperazine.
 1764         56. DBZP (1,4-dibenzylpiperazine).
 1765         57. TFMPP (3-Trifluoromethylphenylpiperazine).
 1766         58. MBDB (Methylbenzodioxolylbutanamine).
 1767         59. 5-Hydroxy-alpha-methyltryptamine.
 1768         60. 5-Hydroxy-N-methyltryptamine.
 1769         61. 5-Methoxy-N-methyl-N-isopropyltryptamine.
 1770         62. 5-Methoxy-alpha-methyltryptamine.
 1771         63. Methyltryptamine.
 1772         64. 5-Methoxy-N,N-dimethyltryptamine.
 1773         65. 5-Methyl-N,N-dimethyltryptamine.
 1774         66. Tyramine (4-Hydroxyphenethylamine).
 1775         67. 5-Methoxy-N,N-Diisopropyltryptamine.
 1776         68. DiPT (N,N-Diisopropyltryptamine).
 1777         69. DPT (N,N-Dipropyltryptamine).
 1778         70. 4-Hydroxy-N,N-diisopropyltryptamine.
 1779         71. N,N-Diallyl-5-Methoxytryptamine.
 1780         72. DOI (4-Iodo-2,5-dimethoxyamphetamine).
 1781         73. DOC (4-Chloro-2,5-dimethoxyamphetamine).
 1782         74. 2C-E (4-Ethyl-2,5-dimethoxyphenethylamine).
 1783         75. 2C-T-4 (2,5-Dimethoxy-4-isopropylthiophenethylamine).
 1784         76. 2C-C (4-Chloro-2,5-dimethoxyphenethylamine).
 1785         77. 2C-T (2,5-Dimethoxy-4-methylthiophenethylamine).
 1786         78. 2C-T-2 (2,5-Dimethoxy-4-ethylthiophenethylamine).
 1787         79. 2C-T-7 (2,5-Dimethoxy-4-(n)-propylthiophenethylamine).
 1788         80. 2C-I (4-Iodo-2,5-dimethoxyphenethylamine).
 1789         81. Butylone (beta-keto-N-methylbenzodioxolylpropylamine).
 1790         82. Ethcathinone.
 1791         83. Ethylone (3,4-methylenedioxy-N-ethylcathinone).
 1792         84. Naphyrone (naphthylpyrovalerone).
 1793         85. N-N-Dimethyl-3,4-methylenedioxycathinone.
 1794         86. N-N-Diethyl-3,4-methylenedioxycathinone.
 1795         87. 3,4-methylenedioxy-propiophenone.
 1796         88. 2-Bromo-3,4-Methylenedioxypropiophenone.
 1797         89. 3,4-methylenedioxy-propiophenone-2-oxime.
 1798         90. N-Acetyl-3,4-methylenedioxycathinone.
 1799         91. N-Acetyl-N-Methyl-3,4-Methylenedioxycathinone.
 1800         92. N-Acetyl-N-Ethyl-3,4-Methylenedioxycathinone.
 1801         93. Bromomethcathinone.
 1802         94. Buphedrone (alpha-methylamino-butyrophenone).
 1803         95. Eutylone (beta-Keto-Ethylbenzodioxolylbutanamine).
 1804         96. Dimethylcathinone.
 1805         97. Dimethylmethcathinone.
 1806         98. Pentylone (beta-Keto-Methylbenzodioxolylpentanamine).
 1807         99. (MDPPP) 3,4-Methylenedioxy-alpha
 1808  pyrrolidinopropiophenone.
 1809         100. (MDPBP) 3,4-Methylenedioxy-alpha
 1810  pyrrolidinobutiophenone.
 1811         101. Methoxy-alpha-pyrrolidinopropiophenone (MOPPP).
 1812         102. Methyl-alpha-pyrrolidinohexiophenone (MPHP).
 1813         103. Benocyclidine (BCP) or
 1814  benzothiophenylcyclohexylpiperidine (BTCP).
 1815         104. Fluoromethylaminobutyrophenone (F-MABP).
 1816         105. Methoxypyrrolidinobutyrophenone (MeO-PBP).
 1817         106. Ethyl-pyrrolidinobutyrophenone (Et-PBP).
 1818         107. 3-Methyl-4-Methoxymethcathinone (3-Me-4-MeO-MCAT).
 1819         108. Methylethylaminobutyrophenone (Me-EABP).
 1820         109. Methylamino-butyrophenone (MABP).
 1821         110. Pyrrolidinopropiophenone (PPP).
 1822         111. Pyrrolidinobutiophenone (PBP).
 1823         112. Pyrrolidinovalerophenone (PVP).
 1824         113. Methyl-alpha-pyrrolidinopropiophenone (MPPP).
 1825         114. JWH-007 (1-pentyl-2-methyl-3-(1-naphthoyl)indole).
 1826         115. JWH-015 (2-Methyl-1-propyl-1H-indol-3-yl)-1
 1827  naphthalenylmethanone).
 1828         116. JWH-019 (Naphthalen-1-yl-(1-hexylindol-3
 1829  yl)methanone).
 1830         117. JWH-020 (1-heptyl-3-(1-naphthoyl)indole).
 1831         118. JWH-072 (Naphthalen-1-yl-(1-propyl-1H-indol-3
 1832  yl)methanone).
 1833         119. JWH-081 (4-methoxynaphthalen-1-yl-(1-pentylindol-3
 1834  yl)methanone).
 1835         120. JWH-122 (1-pentyl-3-(4-methyl-1-naphthoyl)indole).
 1836         121. JWH-133 ((6aR,10aR)-3-(1,1-Dimethylbutyl)-6a,7,10,10a
 1837  tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran)).
 1838         122. JWH-175 (3-(naphthalen-1-ylmethyl)-1-pentyl-1H
 1839  indole).
 1840         123. JWH-201 (1-pentyl-3-(4-methoxyphenylacetyl)indole).
 1841         124. JWH-203 (2-(2-chlorophenyl)-1-(1-pentylindol-3
 1842  yl)ethanone).
 1843         125. JWH-210 (4-ethylnaphthalen-1-yl-(1-pentylindol-3
 1844  yl)methanone).
 1845         126. JWH-250 (2-(2-methoxyphenyl)-1-(1-pentylindol-3
 1846  yl)ethanone).
 1847         127. JWH-251 (2-(2-methylphenyl)-1-(1-pentyl-1H-indol-3
 1848  yl)ethanone).
 1849         128. JWH-302 (1-pentyl-3-(3-methoxyphenylacetyl)indole).
 1850         129. JWH-398 (1-pentyl-3-(4-chloro-1-naphthoyl)indole).
 1851         130. HU-211 ((6aS,10aS)-9-(Hydroxymethyl)-6,6-dimethyl-3
 1852  (2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1
 1853  ol).
 1854         131. HU-308 ([(1R,2R,5R)-2-[2,6-dimethoxy-4-(2-methyloctan
 1855  2-yl)phenyl]-7,7-dimethyl-4-bicyclo[3.1.1]hept-3-enyl]
 1856  methanol).
 1857         132. HU-331 (3-hydroxy-2-[(1R,6R)-3-methyl-6-(1-
 1858  methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-2,5-cyclohexadiene
 1859  1,4-dione).
 1860         133. CB-13 (Naphthalen-1-yl-(4-pentyloxynaphthalen-1
 1861  yl)methanone).
 1862         134. CB-25 (N-cyclopropyl-11-(3-hydroxy-5-pentylphenoxy)
 1863  undecanamide).
 1864         135. CB-52 (N-cyclopropyl-11-(2-hexyl-5-hydroxyphenoxy)
 1865  undecanamide).
 1866         136. CP 55,940 (2-[(1R,2R,5R)-5-hydroxy-2-(3
 1867  hydroxypropyl)cyclohexyl]-5-(2-methyloctan-2-yl)phenol).
 1868         137. AM-694 (1-[(5-fluoropentyl)-1H-indol-3-yl]-(2
 1869  iodophenyl)methanone).
 1870         138. AM-2201 (1-[(5-fluoropentyl)-1H-indol-3-yl]
 1871  (naphthalen-1-yl)methanone).
 1872         139. RCS-4 ((4-methoxyphenyl) (1-pentyl-1H-indol-3
 1873  yl)methanone).
 1874         140. RCS-8 (1-(1-(2-cyclohexylethyl)-1H-indol-3-yl)-2-(2
 1875  methoxyphenylethanone).
 1876         141. WIN55,212-2 ((R)-(+)-[2,3-Dihydro-5-methyl-3-(4
 1877  morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1
 1878  naphthalenylmethanone).
 1879         142. WIN55,212-3 ([(3S)-2,3-Dihydro-5-methyl-3-(4
 1880  morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1
 1881  naphthalenylmethanone).
 1882         143. Pentedrone (2-(methylamino)-1-phenyl-1-pentanone).
 1883         144. Fluoroamphetamine.
 1884         145. Fluoromethamphetamine.
 1885         146. Methoxetamine.
 1886         147. Methiopropamine.
 1887         148. 4-Methylbuphedrone (2-Methylamino-1-(4
 1888  methylphenyl)butan-1-one).
 1889         149. APB ((2-aminopropyl)benzofuran).
 1890         150. APDB ((2-aminopropyl)-2,3-dihydrobenzofuran).
 1891         151. UR-144 ((1-pentyl-1H-indol-3-yl)(2,2,3,3
 1892  tetramethylcyclopropyl)methanone).
 1893         152. XLR11 ((1-(5-fluoropentyl)-1H-indol-3-yl)(2,2,3,3
 1894  tetramethylcyclopropyl)methanone).
 1895         153. (1-(5-chloropentyl)-1H-indol-3-yl)(2,2,3,3
 1896  tetramethylcyclopropyl)methanone.
 1897         154. AKB48 (1-pentyl-N-tricyclo[3.3.1.13,7]dec-1-yl-1H
 1898  indazole-3-carboxamide).
 1899         155. AM-2233((2-iodophenyl)[1-[(1-methyl-2
 1900  piperidinyl)methyl]-1H-indol-3-yl]-methanone).
 1901         156. STS-135 (1-(5-fluoropentyl)-N-tricyclo[3.3.1.13,7]dec
 1902  1-yl-1H-indole-3-carboxamide).
 1903         157. URB-597 ((3’-(aminocarbonyl)[1,1’-biphenyl]-3-yl)-
 1904  cyclohexylcarbamate).
 1905         158. URB-602 ([1,1’-biphenyl]-3-yl-carbamic acid,
 1906  cyclohexyl ester).
 1907         159. URB-754 (6-methyl-2-[(4-methylphenyl)amino]-1
 1908  benzoxazin-4-one).
 1909         160. 2C-D (2-(2,5-Dimethoxy-4-methylphenyl)ethanamine).
 1910         161. 2C-H (2-(2,5-Dimethoxyphenyl)ethanamine).
 1911         162. 2C-N (2-(2,5-Dimethoxy-4-nitrophenyl)ethanamine).
 1912         163. 2C-P (2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine).
 1913         164. 25I-NBOMe (4-iodo-2,5-dimethoxy-N-[(2
 1914  methoxyphenyl)methyl]-benzeneethanamine).
 1915         165. 3,4-Methylenedioxymethamphetamine (MDMA).
 1916         166. PB-22 (1-pentyl-8-quinolinyl ester-1H-indole-3
 1917  carboxylic acid).
 1918         167. 5-Fluoro PB-22 (8-quinolinyl ester-1-(5-fluoropentyl)
 1919  1H-indole-3-carboxylic acid).
 1920         168. BB-22 (1-(cyclohexylmethyl)-8-quinolinyl ester-1H
 1921  indole-3-carboxylic acid).
 1922         169. 5-Fluoro AKB48 (N-((3s,5s,7s)-adamantan-1-yl)-1-(5
 1923  fluoropentyl)-1H-indazole-3-carboxamide).
 1924         Section 7. Subsections (1) through (6) of section 893.13,
 1925  Florida Statutes, are amended to read:
 1926         893.13 Prohibited acts; penalties.—
 1927         (1)(a) Except as authorized by this chapter and chapters
 1928  468 and chapter 499, a it is unlawful for any person may not to
 1929  sell, manufacture, or deliver, or possess with intent to sell,
 1930  manufacture, or deliver, a controlled substance. A Any person
 1931  who violates this provision with respect to:
 1932         1. A controlled substance named or described in s.
 1933  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
 1934  commits a felony of the second degree, punishable as provided in
 1935  s. 775.082, s. 775.083, or s. 775.084.
 1936         2. A controlled substance named or described in s.
 1937  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
 1938  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
 1939  the third degree, punishable as provided in s. 775.082, s.
 1940  775.083, or s. 775.084.
 1941         3. A controlled substance named or described in s.
 1942  893.03(5) commits a misdemeanor of the first degree, punishable
 1943  as provided in s. 775.082 or s. 775.083.
 1944         (b) Except as provided in this chapter and chapters 468 and
 1945  499, a person may not it is unlawful to sell or deliver in
 1946  excess of 10 grams of any substance named or described in s.
 1947  893.03(1)(a) or (1)(b), or any combination thereof, or any
 1948  mixture containing any such substance. A Any person who violates
 1949  this paragraph commits a felony of the first degree, punishable
 1950  as provided in s. 775.082, s. 775.083, or s. 775.084.
 1951         (c) Except as authorized by this chapter and chapters 468
 1952  and 499, a it is unlawful for any person may not to sell,
 1953  manufacture, or deliver, or possess with intent to sell,
 1954  manufacture, or deliver, a controlled substance in, on, or
 1955  within 1,000 feet of the real property comprising a child care
 1956  facility as defined in s. 402.302 or a public or private
 1957  elementary, middle, or secondary school between the hours of 6
 1958  a.m. and 12 midnight, or at any time in, on, or within 1,000
 1959  feet of real property comprising a state, county, or municipal
 1960  park, a community center, or a publicly owned recreational
 1961  facility. For the purposes of this paragraph, the term
 1962  “community center” means a facility operated by a nonprofit
 1963  community-based organization for the provision of recreational,
 1964  social, or educational services to the public. A Any person who
 1965  violates this paragraph with respect to:
 1966         1. A controlled substance named or described in s.
 1967  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
 1968  commits a felony of the first degree, punishable as provided in
 1969  s. 775.082, s. 775.083, or s. 775.084. The defendant must be
 1970  sentenced to a minimum term of imprisonment of 3 calendar years
 1971  unless the offense was committed within 1,000 feet of the real
 1972  property comprising a child care facility as defined in s.
 1973  402.302.
 1974         2. A controlled substance named or described in s.
 1975  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
 1976  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
 1977  the second degree, punishable as provided in s. 775.082, s.
 1978  775.083, or s. 775.084.
 1979         3. Any other controlled substance, except as lawfully sold,
 1980  manufactured, or delivered, must be sentenced to pay a $500 fine
 1981  and to serve 100 hours of public service in addition to any
 1982  other penalty prescribed by law.
 1983  
 1984  This paragraph does not apply to a child care facility unless
 1985  the owner or operator of the facility posts a sign that is not
 1986  less than 2 square feet in size with a word legend identifying
 1987  the facility as a licensed child care facility and that is
 1988  posted on the property of the child care facility in a
 1989  conspicuous place where the sign is reasonably visible to the
 1990  public.
 1991         (d) Except as authorized by this chapter and chapters 468
 1992  and 499, a it is unlawful for any person may not to sell,
 1993  manufacture, or deliver, or possess with intent to sell,
 1994  manufacture, or deliver, a controlled substance in, on, or
 1995  within 1,000 feet of the real property comprising a public or
 1996  private college, university, or other postsecondary educational
 1997  institution. A Any person who violates this paragraph with
 1998  respect to:
 1999         1. A controlled substance named or described in s.
 2000  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
 2001  commits a felony of the first degree, punishable as provided in
 2002  s. 775.082, s. 775.083, or s. 775.084.
 2003         2. A controlled substance named or described in s.
 2004  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
 2005  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
 2006  the second degree, punishable as provided in s. 775.082, s.
 2007  775.083, or s. 775.084.
 2008         3. Any other controlled substance, except as lawfully sold,
 2009  manufactured, or delivered, must be sentenced to pay a $500 fine
 2010  and to serve 100 hours of public service in addition to any
 2011  other penalty prescribed by law.
 2012         (e) Except as authorized by this chapter and chapters 468
 2013  and 499, a it is unlawful for any person may not to sell,
 2014  manufacture, or deliver, or possess with intent to sell,
 2015  manufacture, or deliver, a controlled substance not authorized
 2016  by law in, on, or within 1,000 feet of a physical place for
 2017  worship at which a church or religious organization regularly
 2018  conducts religious services or within 1,000 feet of a
 2019  convenience business as defined in s. 812.171. A Any person who
 2020  violates this paragraph with respect to:
 2021         1. A controlled substance named or described in s.
 2022  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
 2023  commits a felony of the first degree, punishable as provided in
 2024  s. 775.082, s. 775.083, or s. 775.084.
 2025         2. A controlled substance named or described in s.
 2026  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
 2027  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
 2028  the second degree, punishable as provided in s. 775.082, s.
 2029  775.083, or s. 775.084.
 2030         3. Any other controlled substance, except as lawfully sold,
 2031  manufactured, or delivered, must be sentenced to pay a $500 fine
 2032  and to serve 100 hours of public service in addition to any
 2033  other penalty prescribed by law.
 2034         (f) Except as authorized by this chapter and chapters 468
 2035  and 499, a it is unlawful for any person may not to sell,
 2036  manufacture, or deliver, or possess with intent to sell,
 2037  manufacture, or deliver, a controlled substance in, on, or
 2038  within 1,000 feet of the real property comprising a public
 2039  housing facility at any time. For purposes of this section, the
 2040  term “real property comprising a public housing facility” means
 2041  real property, as defined in s. 421.03(12), of a public
 2042  corporation created as a housing authority pursuant to part I of
 2043  chapter 421. A Any person who violates this paragraph with
 2044  respect to:
 2045         1. A controlled substance named or described in s.
 2046  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
 2047  commits a felony of the first degree, punishable as provided in
 2048  s. 775.082, s. 775.083, or s. 775.084.
 2049         2. A controlled substance named or described in s.
 2050  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
 2051  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
 2052  the second degree, punishable as provided in s. 775.082, s.
 2053  775.083, or s. 775.084.
 2054         3. Any other controlled substance, except as lawfully sold,
 2055  manufactured, or delivered, must be sentenced to pay a $500 fine
 2056  and to serve 100 hours of public service in addition to any
 2057  other penalty prescribed by law.
 2058         (g) Except as authorized by this chapter and chapters 468
 2059  and 499, a it is unlawful for any person may not to manufacture
 2060  methamphetamine or phencyclidine, or possess any listed chemical
 2061  as defined in s. 893.033 in violation of s. 893.149 and with
 2062  intent to manufacture methamphetamine or phencyclidine. If any
 2063  person violates this paragraph and:
 2064         1. The commission or attempted commission of the crime
 2065  occurs in a structure or conveyance where any child under 16
 2066  years of age is present, the person commits a felony of the
 2067  first degree, punishable as provided in s. 775.082, s. 775.083,
 2068  or s. 775.084. In addition, the defendant must be sentenced to a
 2069  minimum term of imprisonment of 5 calendar years.
 2070         2. The commission of the crime causes any child under 16
 2071  years of age to suffer great bodily harm, the person commits a
 2072  felony of the first degree, punishable as provided in s.
 2073  775.082, s. 775.083, or s. 775.084. In addition, the defendant
 2074  must be sentenced to a minimum term of imprisonment of 10
 2075  calendar years.
 2076         (h) Except as authorized by this chapter and chapters 468
 2077  and 499, a it is unlawful for any person may not to sell,
 2078  manufacture, or deliver, or possess with intent to sell,
 2079  manufacture, or deliver, a controlled substance in, on, or
 2080  within 1,000 feet of the real property comprising an assisted
 2081  living facility, as that term is used in chapter 429. A Any
 2082  person who violates this paragraph with respect to:
 2083         1. A controlled substance named or described in s.
 2084  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
 2085  commits a felony of the first degree, punishable as provided in
 2086  s. 775.082, s. 775.083, or s. 775.084.
 2087         2. A controlled substance named or described in s.
 2088  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
 2089  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
 2090  the second degree, punishable as provided in s. 775.082, s.
 2091  775.083, or s. 775.084.
 2092         (2)(a) Except as authorized by this chapter and chapters
 2093  468 and chapter 499, a it is unlawful for any person may not to
 2094  purchase, or possess with intent to purchase, a controlled
 2095  substance. A Any person who violates this provision with respect
 2096  to:
 2097         1. A controlled substance named or described in s.
 2098  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
 2099  commits a felony of the second degree, punishable as provided in
 2100  s. 775.082, s. 775.083, or s. 775.084.
 2101         2. A controlled substance named or described in s.
 2102  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
 2103  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
 2104  the third degree, punishable as provided in s. 775.082, s.
 2105  775.083, or s. 775.084.
 2106         3. A controlled substance named or described in s.
 2107  893.03(5) commits a misdemeanor of the first degree, punishable
 2108  as provided in s. 775.082 or s. 775.083.
 2109         (b) Except as authorized provided in this chapter and
 2110  chapters 468 and 499, a person may not it is unlawful to
 2111  purchase in excess of 10 grams of any substance named or
 2112  described in s. 893.03(1)(a) or (1)(b), or any combination
 2113  thereof, or any mixture containing any such substance. A Any
 2114  person who violates this paragraph commits a felony of the first
 2115  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 2116  775.084.
 2117         (3) Except as authorized in this chapter and chapters 468
 2118  and 499, a any person who delivers, without consideration, not
 2119  more than 20 grams of cannabis, as defined in this chapter,
 2120  commits a misdemeanor of the first degree, punishable as
 2121  provided in s. 775.082 or s. 775.083. For the purposes of this
 2122  paragraph, “cannabis” does not include the resin extracted from
 2123  the plants of the genus Cannabis or any compound manufacture,
 2124  salt, derivative, mixture, or preparation of such resin.
 2125         (4) Except as authorized by this chapter and chapters 468
 2126  and 499, a it is unlawful for any person 18 years of age or
 2127  older may not to deliver any controlled substance to a person
 2128  under the age of 18 years, except for an emancipated minor; or
 2129  to use or hire a person under the age of 18 years as an agent or
 2130  employee in the sale or delivery of such a substance;, or to use
 2131  such person to assist in avoiding detection or apprehension for
 2132  a violation of this chapter. A Any person who violates this
 2133  provision with respect to:
 2134         (a) A controlled substance named or described in s.
 2135  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
 2136  commits a felony of the first degree, punishable as provided in
 2137  s. 775.082, s. 775.083, or s. 775.084.
 2138         (b) A controlled substance named or described in s.
 2139  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
 2140  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
 2141  the second degree, punishable as provided in s. 775.082, s.
 2142  775.083, or s. 775.084.
 2143  
 2144  Imposition of sentence may not be suspended or deferred, nor
 2145  shall the person so convicted be placed on probation.
 2146         (5) A It is unlawful for any person may not to bring into
 2147  this state any controlled substance unless the possession of
 2148  such controlled substance is authorized by this chapter, chapter
 2149  468, or chapter 499 or unless such person is licensed to do so
 2150  by the appropriate federal agency. A Any person who violates
 2151  this provision with respect to:
 2152         (a) A controlled substance named or described in s.
 2153  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
 2154  commits a felony of the second degree, punishable as provided in
 2155  s. 775.082, s. 775.083, or s. 775.084.
 2156         (b) A controlled substance named or described in s.
 2157  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
 2158  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
 2159  the third degree, punishable as provided in s. 775.082, s.
 2160  775.083, or s. 775.084.
 2161         (c) A controlled substance named or described in s.
 2162  893.03(5) commits a misdemeanor of the first degree, punishable
 2163  as provided in s. 775.082 or s. 775.083.
 2164         (6)(a) A It is unlawful for any person may not to be in
 2165  actual or constructive possession of a controlled substance
 2166  unless such controlled substance was lawfully obtained from a
 2167  practitioner or pursuant to a valid prescription or order of a
 2168  practitioner while acting in the course of his or her
 2169  professional practice or to be in actual or constructive
 2170  possession of a controlled substance except as otherwise
 2171  authorized by this chapter, chapter 468, or chapter 499. A Any
 2172  person who violates this provision commits a felony of the third
 2173  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 2174  775.084.
 2175         (b) Except as authorized in this chapter and chapters 468
 2176  and 499, if the offense is the possession of not more than 20
 2177  grams of cannabis, as defined in this chapter, or 3 grams or
 2178  less of a controlled substance described in s. 893.03(1)(c)46.
 2179  50., 114.-142., 151.-159., or 166.-169., the person commits a
 2180  misdemeanor of the first degree, punishable as provided in s.
 2181  775.082 or s. 775.083. For the purposes of this subsection,
 2182  “cannabis” does not include the resin extracted from the plants
 2183  of the genus Cannabis, or any compound manufacture, salt,
 2184  derivative, mixture, or preparation of such resin, and a
 2185  controlled substance described in s. 893.03(1)(c)46.-50., 114.
 2186  142., 151.-159., or 166.-169., does not include the substance in
 2187  a powdered form.
 2188         (c) Except as authorized provided in this chapter and
 2189  chapters 468 and 499, a person may not it is unlawful to possess
 2190  in excess of 10 grams of any substance named or described in s.
 2191  893.03(1)(a) or (1)(b), or any combination thereof, or any
 2192  mixture containing any such substance. A Any person who violates
 2193  this paragraph commits a felony of the first degree, punishable
 2194  as provided in s. 775.082, s. 775.083, or s. 775.084.
 2195         (d) Notwithstanding any provision to the contrary of the
 2196  laws of this state relating to arrest, a law enforcement officer
 2197  may arrest without warrant any person who the officer has
 2198  probable cause to believe is violating the provisions of this
 2199  chapter and chapters 468 and 499 relating to possession of
 2200  cannabis.
 2201         Section 8. Section 893.1351, Florida Statutes, is amended
 2202  to read:
 2203         893.1351 Ownership, lease, rental, or possession for
 2204  trafficking in or manufacturing a controlled substance.—
 2205         (1) Except as authorized in this chapter and chapters 468
 2206  and 499, a person may not own, lease, or rent any place,
 2207  structure, or part of such place or structure thereof, trailer,
 2208  or other conveyance with the knowledge that the place,
 2209  structure, trailer, or conveyance will be used for the purpose
 2210  of:
 2211         (a) Trafficking in a controlled substance, as provided in
 2212  s. 893.135;
 2213         (b)Selling for the sale of a controlled substance, as
 2214  provided in s. 893.13; or for the manufacture of
 2215         (c)Manufacturing a controlled substance intended for sale
 2216  or distribution to another.
 2217  
 2218  A person who violates this subsection commits a felony of the
 2219  third degree, punishable as provided in s. 775.082, s. 775.083,
 2220  or s. 775.084.
 2221         (2) Except as authorized in this chapter and chapters 468
 2222  and 499, a person may not knowingly be in actual or constructive
 2223  possession of any place, structure, or part of such place or
 2224  structure thereof, trailer, or other conveyance with the
 2225  knowledge that the place, structure, or part thereof, trailer,
 2226  or conveyance will be used for the purpose of trafficking in a
 2227  controlled substance, as provided in s. 893.135; for the sale of
 2228  a controlled substance, as provided in s. 893.13; or for the
 2229  manufacture of a controlled substance intended for sale or
 2230  distribution to another. A person who violates this subsection
 2231  commits a felony of the second degree, punishable as provided in
 2232  s. 775.082, s. 775.083, or s. 775.084.
 2233         (3) Except as authorized in this chapter and chapters 468
 2234  and 499, a person who is in actual or constructive possession of
 2235  a place, structure, trailer, or conveyance with the knowledge
 2236  that the place, structure, trailer, or conveyance is being used
 2237  to manufacture a controlled substance intended for sale or
 2238  distribution to another and who knew or should have known that a
 2239  minor is present or resides in the place, structure, trailer, or
 2240  conveyance commits a felony of the first degree, punishable as
 2241  provided in s. 775.082, s. 775.083, or s. 775.084.
 2242         (4) For the purposes of this section, proof of the
 2243  possession of 25 or more cannabis plants constitutes prima facie
 2244  evidence that the cannabis is intended for sale or distribution,
 2245  except as provided in this chapter and chapters 468 and 499.
 2246         Section 9. Section 893.145, Florida Statutes, is amended to
 2247  read:
 2248         893.145 “Drug paraphernalia” defined.—The term “drug
 2249  paraphernalia” means all equipment, products, and materials of
 2250  any kind which are used, intended for use, or designed for use
 2251  in planting, propagating, cultivating, growing, harvesting,
 2252  manufacturing, compounding, converting, producing, processing,
 2253  preparing, testing, analyzing, packaging, repackaging, storing,
 2254  containing, concealing, transporting, injecting, ingesting,
 2255  inhaling, or otherwise introducing into the human body a
 2256  controlled substance in violation of this chapter or s. 877.111.
 2257  Except as provided in this chapter and chapters 468 and 499,
 2258  drug paraphernalia is deemed to be contraband that is which
 2259  shall be subject to civil forfeiture. The term includes, but is
 2260  not limited to:
 2261         (1) Kits used, intended for use, or designed for use in the
 2262  planting, propagating, cultivating, growing, or harvesting of
 2263  any species of plant which is a controlled substance or from
 2264  which a controlled substance can be derived.
 2265         (2) Kits used, intended for use, or designed for use in
 2266  manufacturing, compounding, converting, producing, processing,
 2267  or preparing controlled substances.
 2268         (3) Isomerization devices used, intended for use, or
 2269  designed for use in increasing the potency of any species of
 2270  plant which is a controlled substance.
 2271         (4) Testing equipment used, intended for use, or designed
 2272  for use in identifying, or in analyzing the strength,
 2273  effectiveness, or purity of, controlled substances.
 2274         (5) Scales and balances used, intended for use, or designed
 2275  for use in weighing or measuring controlled substances.
 2276         (6) Diluents and adulterants, such as quinine
 2277  hydrochloride, mannitol, mannite, dextrose, and lactose, used,
 2278  intended for use, or designed for use in cutting controlled
 2279  substances.
 2280         (7) Separation gins and sifters used, intended for use, or
 2281  designed for use in removing twigs and seeds from, or in
 2282  otherwise cleaning or refining, cannabis.
 2283         (8) Blenders, bowls, containers, spoons, and mixing devices
 2284  used, intended for use, or designed for use in compounding
 2285  controlled substances.
 2286         (9) Capsules, balloons, envelopes, and other containers
 2287  used, intended for use, or designed for use in packaging small
 2288  quantities of controlled substances.
 2289         (10) Containers and other objects used, intended for use,
 2290  or designed for use in storing, concealing, or transporting
 2291  controlled substances.
 2292         (11) Hypodermic syringes, needles, and other objects used,
 2293  intended for use, or designed for use in parenterally injecting
 2294  controlled substances into the human body.
 2295         (12) Objects used, intended for use, or designed for use in
 2296  ingesting, inhaling, or otherwise introducing cannabis, cocaine,
 2297  hashish, hashish oil, or nitrous oxide into the human body, such
 2298  as:
 2299         (a) Metal, wooden, acrylic, glass, stone, plastic, or
 2300  ceramic pipes, with or without screens, permanent screens,
 2301  hashish heads, or punctured metal bowls.
 2302         (b) Water pipes.
 2303         (c) Carburetion tubes and devices.
 2304         (d) Smoking and carburetion masks.
 2305         (e) Roach clips: meaning objects used to hold burning
 2306  material, such as a cannabis cigarette, that has become too
 2307  small or too short to be held in the hand.
 2308         (f) Miniature cocaine spoons, and cocaine vials.
 2309         (g) Chamber pipes.
 2310         (h) Carburetor pipes.
 2311         (i) Electric pipes.
 2312         (j) Air-driven pipes.
 2313         (k) Chillums.
 2314         (l) Bongs.
 2315         (m) Ice pipes or chillers.
 2316         (n) A cartridge or canister, which means a small metal
 2317  device used to contain nitrous oxide.
 2318         (o) A charger, sometimes referred to as a “cracker,” which
 2319  means a small metal or plastic device that contains an interior
 2320  pin that may be used to expel nitrous oxide from a cartridge or
 2321  container.
 2322         (p) A charging bottle, which means a device that may be
 2323  used to expel nitrous oxide from a cartridge or canister.
 2324         (q) A whip-it, which means a device that may be used to
 2325  expel nitrous oxide.
 2326         (r) A tank.
 2327         (s) A balloon.
 2328         (t) A hose or tube.
 2329         (u) A 2-liter-type soda bottle.
 2330         (v) Duct tape.
 2331         Section 10. Section 893.147, Florida Statutes, is amended
 2332  to read:
 2333         893.147 Use, possession, manufacture, delivery,
 2334  transportation, advertisement, or retail sale of drug
 2335  paraphernalia.—
 2336         (1) USE OR POSSESSION OF DRUG PARAPHERNALIA.—Except as
 2337  authorized in chapters 468 and 499, a It is unlawful for any
 2338  person may not to use, or to possess with intent to use, drug
 2339  paraphernalia:
 2340         (a) To plant, propagate, cultivate, grow, harvest,
 2341  manufacture, compound, convert, produce, process, prepare, test,
 2342  analyze, pack, repack, store, contain, or conceal a controlled
 2343  substance in violation of this chapter; or
 2344         (b) To inject, ingest, inhale, or otherwise introduce into
 2345  the human body a controlled substance in violation of this
 2346  chapter.
 2347  
 2348  A Any person who violates this subsection commits is guilty of a
 2349  misdemeanor of the first degree, punishable as provided in s.
 2350  775.082 or s. 775.083.
 2351         (2) MANUFACTURE OR DELIVERY OF DRUG PARAPHERNALIA.—Except
 2352  as authorized in chapters 468 and 499, a It is unlawful for any
 2353  person may not to deliver, possess with intent to deliver, or
 2354  manufacture with intent to deliver drug paraphernalia, knowing,
 2355  or under circumstances where one reasonably should know, that it
 2356  will be used:
 2357         (a) To plant, propagate, cultivate, grow, harvest,
 2358  manufacture, compound, convert, produce, process, prepare, test,
 2359  analyze, pack, repack, store, contain, or conceal a controlled
 2360  substance in violation of this act; or
 2361         (b) To inject, ingest, inhale, or otherwise introduce into
 2362  the human body a controlled substance in violation of this act.
 2363  
 2364  A Any person who violates this subsection commits is guilty of a
 2365  felony of the third degree, punishable as provided in s.
 2366  775.082, s. 775.083, or s. 775.084.
 2367         (3) DELIVERY OF DRUG PARAPHERNALIA TO A MINOR.—
 2368         (a) Except as authorized in chapters 468 and 499, a Any
 2369  person 18 years of age or over who violates subsection (2) by
 2370  delivering drug paraphernalia to a person under 18 years of age
 2371  commits is guilty of a felony of the second degree, punishable
 2372  as provided in s. 775.082, s. 775.083, or s. 775.084.
 2373         (b) A It is unlawful for any person may not to sell or
 2374  otherwise deliver hypodermic syringes, needles, or other objects
 2375  that which may be used, are intended for use, or are designed
 2376  for use in parenterally injecting substances into the human body
 2377  to any person under 18 years of age, except that hypodermic
 2378  syringes, needles, or other such objects may be lawfully
 2379  dispensed to a person under 18 years of age by a licensed
 2380  practitioner, parent, or legal guardian, or by a pharmacist
 2381  pursuant to a valid prescription, or in accordance with the
 2382  medical use of cannabis as provided in chapters 468 and 499 for
 2383  same. A Any person who violates the provisions of this paragraph
 2384  commits is guilty of a misdemeanor of the first degree,
 2385  punishable as provided in s. 775.082 or s. 775.083.
 2386         (4) TRANSPORTATION OF DRUG PARAPHERNALIA.—Except as
 2387  authorized in chapters 468 and 499, a person may not It is
 2388  unlawful to use, possess with the intent to use, or manufacture
 2389  with the intent to use drug paraphernalia, knowing or under
 2390  circumstances in which one reasonably should know that it will
 2391  be used to transport:
 2392         (a) A controlled substance in violation of this chapter; or
 2393         (b) Contraband as defined in s. 932.701(2)(a)1.
 2394  
 2395  A Any person who violates this subsection commits a felony of
 2396  the third degree, punishable as provided in s. 775.082, s.
 2397  775.083, or s. 775.084.
 2398         (5) ADVERTISEMENT OF DRUG PARAPHERNALIA.—A person may not
 2399  It is unlawful for any person to place in any newspaper,
 2400  magazine, handbill, or other publication any advertisement,
 2401  knowing, or under circumstances where one reasonably should
 2402  know, that the purpose of the advertisement, in whole or in
 2403  part, is to promote the sale of objects designed or intended for
 2404  use as drug paraphernalia. A Any person who violates this
 2405  subsection commits is guilty of a misdemeanor of the first
 2406  degree, punishable as provided in s. 775.082 or s. 775.083.
 2407         (6) RETAIL SALE OF DRUG PARAPHERNALIA.—
 2408         (a) It is unlawful for A person may not to knowingly and
 2409  willfully sell or offer for sale at retail any drug
 2410  paraphernalia described in s. 893.145(12)(a)-(c) or (g)-(m),
 2411  other than drug paraphernalia related to the medical use of
 2412  cannabis or a pipe that is primarily made of briar, meerschaum,
 2413  clay, or corn cob.
 2414         (b) A person who violates paragraph (a) commits a
 2415  misdemeanor of the first degree, punishable as provided in s.
 2416  775.082 or s. 775.083, and, upon a second or subsequent
 2417  violation, commits a felony of the third degree, punishable as
 2418  provided in s. 775.082, s. 775.083, or s. 775.084.
 2419         Section 11.  Present subsection (3) of section 921.0022,
 2420  Florida Statutes, is redesignated as subsection (4), a new
 2421  subsection (3) is added to that section, and paragraphs (a),
 2422  (b), (c), (e), (g), (h), and (i) of present subsection (3) of
 2423  that section are amended, to read:
 2424         921.0022 Criminal Punishment Code; offense severity ranking
 2425  chart.—
 2426         (3) As used in this section, the term “cannabis” does not
 2427  include any form of cannabis that is cultivated, manufactured,
 2428  possessed, and distributed in the form of cannabis in compliance
 2429  with part XVII of chapter 468 or part III of chapter 499.
 2430         (4)(3) OFFENSE SEVERITY RANKING CHART
 2431         (a) LEVEL 1
 2432  
 2433  FloridaStatute          FelonyDegree          Description          
 2434  24.118(3)(a)                3rd     Counterfeit or altered state lottery ticket.
 2435  212.054(2)(b)               3rd     Discretionary sales surtax; limitations, administration, and collection.
 2436  212.15(2)(b)                3rd     Failure to remit sales taxes, amount greater than $300 but less than $20,000.
 2437  316.1935(1)                 3rd     Fleeing or attempting to elude law enforcement officer.
 2438  319.30(5)                   3rd     Sell, exchange, give away certificate of title or identification number plate.
 2439  319.35(1)(a)                3rd     Tamper, adjust, change, etc., an odometer.
 2440  320.26(1)(a)                3rd     Counterfeit, manufacture, or sell registration license plates or validation stickers.
 2441  322.212 (1)(a)-(c)          3rd     Possession of forged, stolen, counterfeit, or unlawfully issued driver driver’s license; possession of simulated identification.
 2442  322.212(4)                  3rd     Supply or aid in supplying unauthorized driver driver’s license or identification card.
 2443  322.212(5)(a)               3rd     False application for driver driver’s license or identification card.
 2444  414.39(2)                   3rd     Unauthorized use, possession, forgery, or alteration of food assistance program, Medicaid ID, value greater than $200.
 2445  414.39(3)(a)                3rd     Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
 2446  443.071(1)                  3rd     False statement or representation to obtain or increase reemployment assistance benefits.
 2447  509.151(1)                  3rd     Defraud an innkeeper, food or lodging value greater than $300.
 2448  517.302(1)                  3rd     Violation of the Florida Securities and Investor Protection Act.
 2449  562.27(1)                   3rd     Possess still or still apparatus.
 2450  713.69                      3rd     Tenant removes property upon which lien has accrued, value more than $50.
 2451  812.014(3)(c)               3rd     Petit theft (3rd conviction); theft of any property not specified in subsection (2).
 2452  812.081(2)                  3rd     Unlawfully makes or causes to be made a reproduction of a trade secret.
 2453  815.04(4)(a)                3rd     Offense against intellectual property (i.e., computer programs, data).
 2454  817.52(2)                   3rd     Hiring with intent to defraud, motor vehicle services.
 2455  817.569(2)                  3rd     Use of public record or public records information to facilitate commission of a felony.
 2456  826.01                      3rd     Bigamy.                        
 2457  828.122(3)                  3rd     Fighting or baiting animals.   
 2458  831.04(1)                   3rd     Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
 2459  831.31(1)(a)                3rd     Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
 2460  832.041(1)                  3rd     Stopping payment with intent to defraud $150 or more.
 2461  832.05(2)(b) & (4)(c)       3rd     Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more.
 2462  838.15(2)                   3rd     Commercial bribe receiving.    
 2463  838.16                      3rd     Commercial bribery.            
 2464  843.18                      3rd     Fleeing by boat to elude a law enforcement officer.
 2465  847.011(1)(a)               3rd     Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
 2466  849.01                      3rd     Keeping gambling house.        
 2467  849.09(1)(a)-(d)            3rd     Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery.
 2468  849.23                      3rd     Gambling-related machines; “common offender” as to property rights.
 2469  849.25(2)                   3rd     Engaging in bookmaking.        
 2470  860.08                      3rd     Interfere with a railroad signal.
 2471  860.13(1)(a)                3rd     Operate aircraft while under the influence.
 2472  893.13(2)(a)2.              3rd     Purchase of cannabis, except when authorized under s. 893.03(1)(c)7. and (1)(c)37. and chapters 468 and 499.
 2473  893.13(6)(a)                3rd     Possession of cannabis (more than 20 grams), except when authorized under s. 893.03(1)(c)7. and (1)(c)37. and chapters 468 and 499.
 2474  934.03(1)(a)                3rd     Intercepts, or procures any other person to intercept, any wire or oral communication.
 2475         (b) LEVEL 2
 2476  
 2477  FloridaStatute             FelonyDegree        Description        
 2478  379.2431 (1)(e)3.              3rd     Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
 2479  379.2431 (1)(e)4.              3rd     Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
 2480  403.413(6)(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.
 2481  517.07(2)                      3rd     Failure to furnish a prospectus meeting requirements.
 2482  590.28(1)                      3rd     Intentional burning of lands.
 2483  784.05(3)                      3rd     Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
 2484  787.04(1)                      3rd     In violation of court order, take, entice, etc., minor beyond state limits.
 2485  806.13(1)(b)3.                 3rd     Criminal mischief; damage $1,000 or more to public communication or any other public service.
 2486  810.061(2)                     3rd     Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
 2487  810.09(2)(e)                   3rd     Trespassing on posted commercial horticulture property.
 2488  812.014(2)(c)1.                3rd     Grand theft, 3rd degree; $300 or more but less than $5,000.
 2489  812.014(2)(d)                  3rd     Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.
 2490  812.015(7)                     3rd     Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
 2491  817.234(1)(a)2.                3rd     False statement in support of insurance claim.
 2492  817.481(3)(a)                  3rd     Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
 2493  817.52(3)                      3rd     Failure to redeliver hired vehicle.
 2494  817.54                         3rd     With intent to defraud, obtain mortgage note, etc., by false representation.
 2495  817.60(5)                      3rd     Dealing in credit cards of another.
 2496  817.60(6)(a)                   3rd     Forgery; purchase goods, services with false card.
 2497  817.61                         3rd     Fraudulent use of credit cards over $100 or more within 6 months.
 2498  826.04                         3rd     Knowingly marries or has sexual intercourse with person to whom related.
 2499  831.01                         3rd     Forgery.                   
 2500  831.02                         3rd     Uttering forged instrument; utters or publishes alteration with intent to defraud.
 2501  831.07                         3rd     Forging bank bills, checks, drafts, or promissory notes.
 2502  831.08                         3rd     Possessing 10 or more forged notes, bills, checks, or drafts.
 2503  831.09                         3rd     Uttering forged notes, bills, checks, drafts, or promissory notes.
 2504  831.11                         3rd     Bringing into the state forged bank bills, checks, drafts, or notes.
 2505  832.05(3)(a)                   3rd     Cashing or depositing item with intent to defraud.
 2506  843.08                         3rd     Falsely impersonating an officer.
 2507  893.13(2)(a)2.                 3rd     Purchase of any drugs 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) drugs other than cannabis.
 2508  893.147(2)                     3rd     Manufacture or delivery of drug paraphernalia, except when authorized under chapters 468 and 499.
 2509         (c) LEVEL 3
 2510  
 2511  FloridaStatute           FelonyDegree         Description          
 2512  119.10(2)(b)                 3rd     Unlawful use of confidential information from police reports.
 2513  316.066 (3)(b)-(d)           3rd     Unlawfully obtaining or using confidential crash reports.
 2514  316.193(2)(b)                3rd     Felony DUI, 3rd conviction.   
 2515  316.1935(2)                  3rd     Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
 2516  319.30(4)                    3rd     Possession by junkyard of motor vehicle with identification number plate removed.
 2517  319.33(1)(a)                 3rd     Alter or forge any certificate of title to a motor vehicle or mobile home.
 2518  319.33(1)(c)                 3rd     Procure or pass title on stolen vehicle.
 2519  319.33(4)                    3rd     With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
 2520  327.35(2)(b)                 3rd     Felony BUI.                   
 2521  328.05(2)                    3rd     Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
 2522  328.07(4)                    3rd     Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
 2523  376.302(5)                   3rd     Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
 2524  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.
 2525  379.2431 (1)(e)6.            3rd     Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
 2526  400.9935(4)                  3rd     Operating a clinic without a license or filing false license application or other required information.
 2527  440.1051(3)                  3rd     False report of workers’ compensation fraud or retaliation for making such a report.
 2528  501.001(2)(b)                2nd     Tampers with a consumer product or the container using materially false/misleading information.
 2529  624.401(4)(a)                3rd     Transacting insurance without a certificate of authority.
 2530  624.401(4)(b)1.              3rd     Transacting insurance without a certificate of authority; premium collected less than $20,000.
 2531  626.902(1)(a) & (b)          3rd     Representing an unauthorized insurer.
 2532  697.08                       3rd     Equity skimming.              
 2533  790.15(3)                    3rd     Person directs another to discharge firearm from a vehicle.
 2534  796.05(1)                    3rd     Live on earnings of a prostitute.
 2535  806.10(1)                    3rd     Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
 2536  806.10(2)                    3rd     Interferes with or assaults firefighter in performance of duty.
 2537  810.09(2)(c)                 3rd     Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
 2538  812.014(2)(c)2.              3rd     Grand theft; $5,000 or more but less than $10,000.
 2539  812.0145(2)(c)               3rd     Theft from person 65 years of age or older; $300 or more but less than $10,000.
 2540  815.04(4)(b)                 2nd     Computer offense devised to defraud or obtain property.
 2541  817.034(4)(a)3.              3rd     Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
 2542  817.233                      3rd     Burning to defraud insurer.   
 2543  817.234 (8)(b)-(c)           3rd     Unlawful solicitation of persons involved in motor vehicle accidents.
 2544  817.234(11)(a)               3rd     Insurance fraud; property value less than $20,000.
 2545  817.236                      3rd     Filing a false motor vehicle insurance application.
 2546  817.2361                     3rd     Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
 2547  817.413(2)                   3rd     Sale of used goods as new.    
 2548  817.505(4)                   3rd     Patient brokering.            
 2549  828.12(2)                    3rd     Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
 2550  831.28(2)(a)                 3rd     Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
 2551  831.29                       2nd     Possession of instruments for counterfeiting driver drivers’ licenses or identification cards.
 2552  838.021(3)(b)                3rd     Threatens unlawful harm to public servant.
 2553  843.19                       3rd     Injure, disable, or kill police dog or horse.
 2554  860.15(3)                    3rd     Overcharging for repairs and parts.
 2555  870.01(2)                    3rd     Riot; inciting or encouraging.
 2556  893.13(1)(a)2.               3rd     Sell, manufacture, or deliver cannabis, except when authorized under s. 893.03(1)(c)7. and (1)(c)37. and chapters 468 and 499, (or other drugs 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) drugs).
 2557  893.13(1)(d)2.               2nd     Sell, manufacture, or deliver drugs 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), except when authorized under s. 893.03(1)(c)7. and (1)(c) 37. and chapters 468 and 499, drugs within 1,000 feet of university.
 2558  893.13(1)(f)2.               2nd     Sell, manufacture, or deliver drugs 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), except when authorized under s. 893.03(1)(c)7. and (1)(c)37. and chapters 468 and 499, drugs within 1,000 feet of public housing facility.
 2559  893.13(6)(a)                 3rd     Possession of any controlled substance other than felony possession of cannabis and possession of cannabis, except when authorized under s. 893.03(1)(c)7. and (1)(c)37. and chapters 468 and 499.
 2560  893.13(7)(a)8.               3rd     Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
 2561  893.13(7)(a)9.               3rd     Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
 2562  893.13(7)(a)10.              3rd     Affix false or forged label to package of controlled substance.
 2563  893.13(7)(a)11.              3rd     Furnish false or fraudulent material information on any document or record required by chapter 893.
 2564  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.
 2565  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.
 2566  893.13(8)(a)3.               3rd     Knowingly write a prescription for a controlled substance for a fictitious person.
 2567  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.
 2568  918.13(1)(a)                 3rd     Alter, destroy, or conceal investigation evidence.
 2569  944.47 (1)(a)1.-2.           3rd     Introduce contraband to correctional facility.
 2570  944.47(1)(c)                 2nd     Possess contraband while upon the grounds of a correctional institution.
 2571  985.721                      3rd     Escapes from a juvenile facility (secure detention or residential commitment facility).
 2572         (e) LEVEL 5
 2573  
 2574  FloridaStatute              FelonyDegree        Description        
 2575  316.027(1)(a)                    3rd     Accidents involving personal injuries, failure to stop; leaving scene.
 2576  316.1935(4)(a)                   2nd     Aggravated fleeing or eluding.
 2577  322.34(6)                        3rd     Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
 2578  327.30(5)                        3rd     Vessel accidents involving personal injury; leaving scene.
 2579  379.367(4)                       3rd     Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
 2580  379.3671 (2)(c)3.                3rd     Willful molestation, possession, or removal of a commercial harvester’s trap contents or trap gear by another harvester.
 2581  381.0041(11)(b)                  3rd     Donate blood, plasma, or organs knowing HIV positive.
 2582  440.10(1)(g)                     2nd     Failure to obtain workers’ compensation coverage.
 2583  440.105(5)                       2nd     Unlawful solicitation for the purpose of making workers’ compensation claims.
 2584  440.381(2)                       2nd     Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
 2585  624.401(4)(b)2.                  2nd     Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
 2586  626.902(1)(c)                    2nd     Representing an unauthorized insurer; repeat offender.
 2587  790.01(2)                        3rd     Carrying a concealed firearm.
 2588  790.162                          2nd     Threat to throw or discharge destructive device.
 2589  790.163(1)                       2nd     False report of deadly explosive or weapon of mass destruction.
 2590  790.221(1)                       2nd     Possession of short-barreled shotgun or machine gun.
 2591  790.23                           2nd     Felons in possession of firearms, ammunition, or electronic weapons or devices.
 2592  800.04(6)(c)                     3rd     Lewd or lascivious conduct; offender less than 18 years.
 2593  800.04(7)(b)                     2nd     Lewd or lascivious exhibition; offender 18 years or older.
 2594  806.111(1)                       3rd     Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
 2595  812.0145(2)(b)                   2nd     Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
 2596  812.015(8)                       3rd     Retail theft; property stolen is valued at $300 or more and one or more specified acts.
 2597  812.019(1)                       2nd     Stolen property; dealing in or trafficking in.
 2598  812.131(2)(b)                    3rd     Robbery by sudden snatching.
 2599  812.16(2)                        3rd     Owning, operating, or conducting a chop shop.
 2600  817.034(4)(a)2.                  2nd     Communications fraud, value $20,000 to $50,000.
 2601  817.234(11)(b)                   2nd     Insurance fraud; property value $20,000 or more but less than $100,000.
 2602  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.
 2603  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.
 2604  817.625(2)(b)                    2nd     Second or subsequent fraudulent use of scanning device or reencoder.
 2605  825.1025(4)                      3rd     Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
 2606  827.071(4)                       2nd     Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
 2607  827.071(5)                       3rd     Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
 2608  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.
 2609  843.01                           3rd     Resist officer with violence to person; resist arrest with violence.
 2610  847.0135(5)(b)                   2nd     Lewd or lascivious exhibition using computer; offender 18 years or older.
 2611  847.0137 (2) & (3)               3rd     Transmission of pornography by electronic device or equipment.
 2612  847.0138 (2) & (3)               3rd     Transmission of material harmful to minors to a minor by electronic device or equipment.
 2613  874.05(1)(b)                     2nd     Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
 2614  874.05(2)(a)                     2nd     Encouraging or recruiting person under 13 to join a criminal gang.
 2615  893.13(1)(a)1.                   2nd     Sell, manufacture, or deliver cocaine (or other drugs under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
 2616  893.13(1)(c)2.                   2nd     Sell, manufacture, or deliver cannabis, except when authorized under s. 893.03(1)(c)7. and (1)(c)37. and chapters 468 and 499, or other drugs under (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.
 2617  893.13(1)(d)1.                   1st     Sell, manufacture, or deliver cocaine (or other drugs under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university.
 2618  893.13(1)(e)2.                   2nd     Sell, manufacture, or deliver cannabis, except when authorized under s. 893.03(1)(c)7. and (1)(c)37. and chapters 468 and 499, 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.
 2619  893.13(1)(f)1.                   1st     Sell, manufacture, or deliver cocaine (or other drugs under 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.
 2620  893.13(4)(b)                     2nd     Deliver to minor cannabis, except when authorized under s. 893.03(1)(c)7. and (1)(c)37. and chapters 468 and 499, (or other drugs 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) drugs).
 2621  893.1351(1)                      3rd     Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
 2622         (g) LEVEL 7
 2623  
 2624  FloridaStatute           FelonyDegree         Description         
 2625  316.027(1)(b)                 1st     Accident involving death, failure to stop; leaving scene.
 2626  316.193(3)(c)2.               3rd     DUI resulting in serious bodily injury.
 2627  316.1935(3)(b)                1st     Causing serious bodily injury or death to another person; 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.
 2628  327.35(3)(c)2.                3rd     Vessel BUI resulting in serious bodily injury.
 2629  402.319(2)                    2nd     Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
 2630  409.920 (2)(b)1.a.            3rd     Medicaid provider fraud; $10,000 or less.
 2631  409.920 (2)(b)1.b.            2nd     Medicaid provider fraud; more than $10,000, but less than $50,000.
 2632  456.065(2)                    3rd     Practicing a health care profession without a license.
 2633  456.065(2)                    2nd     Practicing a health care profession without a license which results in serious bodily injury.
 2634  458.327(1)                    3rd     Practicing medicine without a license.
 2635  459.013(1)                    3rd     Practicing osteopathic medicine without a license.
 2636  460.411(1)                    3rd     Practicing chiropractic medicine without a license.
 2637  461.012(1)                    3rd     Practicing podiatric medicine without a license.
 2638  462.17                        3rd     Practicing naturopathy without a license.
 2639  463.015(1)                    3rd     Practicing optometry without a license.
 2640  464.016(1)                    3rd     Practicing nursing without a license.
 2641  465.015(2)                    3rd     Practicing pharmacy without a license.
 2642  466.026(1)                    3rd     Practicing dentistry or dental hygiene without a license.
 2643  467.201                       3rd     Practicing midwifery without a license.
 2644  468.366                       3rd     Delivering respiratory care services without a license.
 2645  483.828(1)                    3rd     Practicing as clinical laboratory personnel without a license.
 2646  483.901(9)                    3rd     Practicing medical physics without a license.
 2647  484.013(1)(c)                 3rd     Preparing or dispensing optical devices without a prescription.
 2648  484.053                       3rd     Dispensing hearing aids without a license.
 2649  494.0018(2)                   1st     Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
 2650  560.123(8)(b)1.               3rd     Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
 2651  560.125(5)(a)                 3rd     Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
 2652  655.50(10)(b)1.               3rd     Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
 2653  775.21(10)(a)                 3rd     Sexual predator; failure to register; failure to renew driver driver’s license or identification card; other registration violations.
 2654  775.21(10)(b)                 3rd     Sexual predator working where children regularly congregate.
 2655  775.21(10)(g)                 3rd     Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
 2656  782.051(3)                    2nd     Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
 2657  782.07(1)                     2nd     Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
 2658  782.071                       2nd     Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
 2659  782.072                       2nd     Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
 2660  784.045(1)(a)1.               2nd     Aggravated battery; intentionally causing great bodily harm or disfigurement.
 2661  784.045(1)(a)2.               2nd     Aggravated battery; using deadly weapon.
 2662  784.045(1)(b)                 2nd     Aggravated battery; perpetrator aware victim pregnant.
 2663  784.048(4)                    3rd     Aggravated stalking; violation of injunction or court order.
 2664  784.048(7)                    3rd     Aggravated stalking; violation of court order.
 2665  784.07(2)(d)                  1st     Aggravated battery on law enforcement officer.
 2666  784.074(1)(a)                 1st     Aggravated battery on sexually violent predators facility staff.
 2667  784.08(2)(a)                  1st     Aggravated battery on a person 65 years of age or older.
 2668  784.081(1)                    1st     Aggravated battery on specified official or employee.
 2669  784.082(1)                    1st     Aggravated battery by detained person on visitor or other detainee.
 2670  784.083(1)                    1st     Aggravated battery on code inspector.
 2671  787.06(3)(a)                  1st     Human trafficking using coercion for labor and services.
 2672  787.06(3)(e)                  1st     Human trafficking using coercion for labor and services by the transfer or transport of any individual from outside Florida to within the state.
 2673  790.07(4)                     1st     Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
 2674  790.16(1)                     1st     Discharge of a machine gun under specified circumstances.
 2675  790.165(2)                    2nd     Manufacture, sell, possess, or deliver hoax bomb.
 2676  790.165(3)                    2nd     Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
 2677  790.166(3)                    2nd     Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
 2678  790.166(4)                    2nd     Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
 2679  790.23                      1st,PBL   Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
 2680  794.08(4)                     3rd     Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
 2681  796.03                        2nd     Procuring any person under 16 years for prostitution.
 2682  800.04(5)(c)1.                2nd     Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
 2683  800.04(5)(c)2.                2nd     Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
 2684  806.01(2)                     2nd     Maliciously damage structure by fire or explosive.
 2685  810.02(3)(a)                  2nd     Burglary of occupied dwelling; unarmed; no assault or battery.
 2686  810.02(3)(b)                  2nd     Burglary of unoccupied dwelling; unarmed; no assault or battery.
 2687  810.02(3)(d)                  2nd     Burglary of occupied conveyance; unarmed; no assault or battery.
 2688  810.02(3)(e)                  2nd     Burglary of authorized emergency vehicle.
 2689  812.014(2)(a)1.               1st     Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
 2690  812.014(2)(b)2.               2nd     Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
 2691  812.014(2)(b)3.               2nd     Property stolen, emergency medical equipment; 2nd degree grand theft.
 2692  812.014(2)(b)4.               2nd     Property stolen, law enforcement equipment from authorized emergency vehicle.
 2693  812.0145(2)(a)                1st     Theft from person 65 years of age or older; $50,000 or more.
 2694  812.019(2)                    1st     Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
 2695  812.131(2)(a)                 2nd     Robbery by sudden snatching.
 2696  812.133(2)(b)                 1st     Carjacking; no firearm, deadly weapon, or other weapon.
 2697  817.034(4)(a)1.               1st     Communications fraud, value greater than $50,000.
 2698  817.234(8)(a)                 2nd     Solicitation of motor vehicle accident victims with intent to defraud.
 2699  817.234(9)                    2nd     Organizing, planning, or participating in an intentional motor vehicle collision.
 2700  817.234(11)(c)                1st     Insurance fraud; property value $100,000 or more.
 2701  817.2341 (2)(b) & (3)(b)      1st     Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
 2702  817.535(2)(a)                 3rd     Filing false lien or other unauthorized document.
 2703  825.102(3)(b)                 2nd     Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
 2704  825.103(2)(b)                 2nd     Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
 2705  827.03(2)(b)                  2nd     Neglect of a child causing great bodily harm, disability, or disfigurement.
 2706  827.04(3)                     3rd     Impregnation of a child under 16 years of age by person 21 years of age or older.
 2707  837.05(2)                     3rd     Giving false information about alleged capital felony to a law enforcement officer.
 2708  838.015                       2nd     Bribery.                    
 2709  838.016                       2nd     Unlawful compensation or reward for official behavior.
 2710  838.021(3)(a)                 2nd     Unlawful harm to a public servant.
 2711  838.22                        2nd     Bid tampering.              
 2712  843.0855(2)                   3rd     Impersonation of a public officer or employee.
 2713  843.0855(3)                   3rd     Unlawful simulation of legal process.
 2714  843.0855(4)                   3rd     Intimidation of a public officer or employee.
 2715  847.0135(3)                   3rd     Solicitation of a child, via a computer service, to commit an unlawful sex act.
 2716  847.0135(4)                   2nd     Traveling to meet a minor to commit an unlawful sex act.
 2717  872.06                        2nd     Abuse of a dead human body. 
 2718  874.05(2)(b)                  1st     Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
 2719  874.10                      1st,PBL   Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
 2720  893.13(1)(c)1.                1st     Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
 2721  893.13(1)(e)1.                1st     Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
 2722  893.13(4)(a)                  1st     Deliver to minor cocaine (or other drugs under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
 2723  893.135(1)(a)1.               1st     Trafficking in cannabis, except when authorized under s. 893.03(1)(c)7. and (1)(c)37. and chapters 468 and 499, more than 25 lbs., less than 2,000 lbs.
 2724  893.135 (1)(b)1.a.            1st     Trafficking in cocaine, more than 28 grams, less than 200 grams.
 2725  893.135 (1)(c)1.a.            1st     Trafficking in illegal drugs, more than 4 grams, less than 14 grams, excluding cannabis and tetrahydrocannabinols, when excepted under s. 893.03(1)(c)7. and (1)(c)37. and chapters 468 and 499.
 2726  	
 2727  893.135(1)(d)1.               1st     Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
 2728  893.135(1)(e)1.               1st     Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
 2729  893.135(1)(f)1.               1st     Trafficking in amphetamine, more than 14 grams, less than 28 grams.
 2730  893.135 (1)(g)1.a.            1st     Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
 2731  893.135 (1)(h)1.a.            1st     Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
 2732  893.135 (1)(j)1.a.            1st     Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
 2733  893.135 (1)(k)2.a.            1st     Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
 2734  893.1351(2)                   2nd     Possession of place for trafficking in or manufacturing of controlled substance.
 2735  896.101(5)(a)                 3rd     Money laundering, financial transactions exceeding $300 but less than $20,000.
 2736  896.104(4)(a)1.               3rd     Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
 2737  943.0435(4)(c)                2nd     Sexual offender vacating permanent residence; failure to comply with reporting requirements.
 2738  943.0435(8)                   2nd     Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
 2739  943.0435(9)(a)                3rd     Sexual offender; failure to comply with reporting requirements.
 2740  943.0435(13)                  3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 2741  943.0435(14)                  3rd     Sexual offender; failure to report and reregister; failure to respond to address verification.
 2742  944.607(9)                    3rd     Sexual offender; failure to comply with reporting requirements.
 2743  944.607(10)(a)                3rd     Sexual offender; failure to submit to the taking of a digitized photograph.
 2744  944.607(12)                   3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 2745  944.607(13)                   3rd     Sexual offender; failure to report and reregister; failure to respond to address verification.
 2746  985.4815(10)                  3rd     Sexual offender; failure to submit to the taking of a digitized photograph.
 2747  985.4815(12)                  3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 2748  985.4815(13)                  3rd     Sexual offender; failure to report and reregister; failure to respond to address verification.
 2749         (h) LEVEL 8
 2750  
 2751  FloridaStatute            FelonyDegree         Description         
 2752  316.193 (3)(c)3.a.             2nd     DUI manslaughter.           
 2753  316.1935(4)(b)                 1st     Aggravated fleeing or attempted eluding with serious bodily injury or death.
 2754  327.35(3)(c)3.                 2nd     Vessel BUI manslaughter.    
 2755  499.0051(7)                    1st     Knowing trafficking in contraband prescription drugs.
 2756  499.0051(8)                    1st     Knowing forgery of prescription labels or prescription drug labels.
 2757  560.123(8)(b)2.                2nd     Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
 2758  560.125(5)(b)                  2nd     Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
 2759  655.50(10)(b)2.                2nd     Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
 2760  777.03(2)(a)                   1st     Accessory after the fact, capital felony.
 2761  782.04(4)                      2nd     Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aggravated fleeing or eluding with serious bodily injury or death, aircraft piracy, or unlawfully discharging bomb.
 2762  782.051(2)                     1st     Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
 2763  782.071(1)(b)                  1st     Committing vehicular homicide and failing to render aid or give information.
 2764  782.072(2)                     1st     Committing vessel homicide and failing to render aid or give information.
 2765  787.06(3)(b)                   1st     Human trafficking using coercion for commercial sexual activity.
 2766  787.06(3)(c)                   1st     Human trafficking using coercion for labor and services of an unauthorized alien.
 2767  787.06(3)(f)                   1st     Human trafficking using coercion for commercial sexual activity by the transfer or transport of any individual from outside Florida to within the state.
 2768  790.161(3)                     1st     Discharging a destructive device which results in bodily harm or property damage.
 2769  794.011(5)                     2nd     Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
 2770  794.08(3)                      2nd     Female genital mutilation, removal of a victim younger than 18 years of age from this state.
 2771  800.04(4)                      2nd     Lewd or lascivious battery. 
 2772  806.01(1)                      1st     Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
 2773  810.02(2)(a)                 1st,PBL   Burglary with assault or battery.
 2774  810.02(2)(b)                 1st,PBL   Burglary; armed with explosives or dangerous weapon.
 2775  810.02(2)(c)                   1st     Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
 2776  812.014(2)(a)2.                1st     Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
 2777  812.13(2)(b)                   1st     Robbery with a weapon.      
 2778  812.135(2)(c)                  1st     Home-invasion robbery, no firearm, deadly weapon, or other weapon.
 2779  817.535(2)(b)                  2nd     Filing false lien or other unauthorized document; second or subsequent offense.
 2780  817.535(3)(a)                  2nd     Filing false lien or other unauthorized document; property owner is a public officer or employee.
 2781  817.535(4)(a)1.                2nd     Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
 2782  817.535(5)(a)                  2nd     Filing false lien or other unauthorized document; owner of the property incurs financial loss as a result of the false instrument.
 2783  817.568(6)                     2nd     Fraudulent use of personal identification information of an individual under the age of 18.
 2784  825.102(2)                     1st     Aggravated abuse of an elderly person or disabled adult.
 2785  825.1025(2)                    2nd     Lewd or lascivious battery upon an elderly person or disabled adult.
 2786  825.103(2)(a)                  1st     Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.
 2787  837.02(2)                      2nd     Perjury in official proceedings relating to prosecution of a capital felony.
 2788  837.021(2)                     2nd     Making contradictory statements in official proceedings relating to prosecution of a capital felony.
 2789  860.121(2)(c)                  1st     Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
 2790  860.16                         1st     Aircraft piracy.            
 2791  893.13(1)(b)                   1st     Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
 2792  893.13(2)(b)                   1st     Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
 2793  893.13(6)(c)                   1st     Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
 2794  893.135(1)(a)2.                1st     Trafficking in cannabis, except when authorized under s. 893.03(1)(c)7. and (1)(c)37. and chapters 468 and 499, more than 2,000 lbs., less than 10,000 lbs.
 2795  893.135 (1)(b)1.b.             1st     Trafficking in cocaine, more than 200 grams, less than 400 grams.
 2796  893.135 (1)(c)1.b.             1st     Trafficking in illegal drugs, more than 14 grams, less than 28 grams, excluding cannabis and tetrahydrocannabinols, when excepted under s. 893.03(1)(c)7. and (1)(c)37. and chapters 468 and 499.
 2797  893.135 (1)(d)1.b.             1st     Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
 2798  893.135 (1)(e)1.b.             1st     Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
 2799  893.135 (1)(f)1.b.             1st     Trafficking in amphetamine, more than 28 grams, less than 200 grams.
 2800  893.135 (1)(g)1.b.             1st     Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
 2801  893.135 (1)(h)1.b.             1st     Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
 2802  893.135 (1)(j)1.b.             1st     Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
 2803  893.135 (1)(k)2.b.             1st     Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
 2804  893.1351(3)                    1st     Possession of a place used to manufacture controlled substance when minor is present or resides there, excluding cannabis and tetrahydrocannabinols, when excepted under s. 893.03(1)(c)7. and (1)(c)37. and chapters 468 and 499.
 2805  895.03(1)                      1st     Use or invest proceeds derived from pattern of racketeering activity.
 2806  895.03(2)                      1st     Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
 2807  895.03(3)                      1st     Conduct or participate in any enterprise through pattern of racketeering activity.
 2808  896.101(5)(b)                  2nd     Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
 2809  896.104(4)(a)2.                2nd     Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
 2810         (i) LEVEL 9
 2811  
 2812  FloridaStatute             FelonyDegree         Description        
 2813  316.193 (3)(c)3.b.              1st     DUI manslaughter; failing to render aid or give information.
 2814  327.35(3)(c)3.b.                1st     BUI manslaughter; failing to render aid or give information.
 2815  409.920 (2)(b)1.c.              1st     Medicaid provider fraud; $50,000 or more.
 2816  499.0051(9)                     1st     Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
 2817  560.123(8)(b)3.                 1st     Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
 2818  560.125(5)(c)                   1st     Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
 2819  655.50(10)(b)3.                 1st     Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
 2820  775.0844                        1st     Aggravated white collar crime.
 2821  782.04(1)                       1st     Attempt, conspire, or solicit to commit premeditated murder.
 2822  782.04(3)                     1st,PBL   Accomplice to murder in connection with arson, sexual battery, robbery, burglary, aggravated fleeing or eluding with serious bodily injury or death, and other specified felonies.
 2823  782.051(1)                      1st     Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
 2824  782.07(2)                       1st     Aggravated manslaughter of an elderly person or disabled adult.
 2825  787.01(1)(a)1.                1st,PBL   Kidnapping; hold for ransom or reward or as a shield or hostage.
 2826  787.01(1)(a)2.                1st,PBL   Kidnapping with intent to commit or facilitate commission of any felony.
 2827  787.01(1)(a)4.                1st,PBL   Kidnapping with intent to interfere with performance of any governmental or political function.
 2828  787.02(3)(a)                    1st     False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
 2829  787.06(3)(d)                    1st     Human trafficking using coercion for commercial sexual activity of an unauthorized alien.
 2830  787.06(3)(g)                  1st,PBL   Human trafficking for commercial sexual activity of a child under the age of 18.
 2831  787.06(4)                       1st     Selling or buying of minors into human trafficking.
 2832  790.161                         1st     Attempted capital destructive device offense.
 2833  790.166(2)                    1st,PBL   Possessing, selling, using, or attempting to use a weapon of mass destruction.
 2834  794.011(2)                      1st     Attempted sexual battery; victim less than 12 years of age.
 2835  794.011(2)                     Life     Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
 2836  794.011(4)                      1st     Sexual battery; victim 12 years or older, certain circumstances.
 2837  794.011(8)(b)                   1st     Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
 2838  794.08(2)                       1st     Female genital mutilation; victim younger than 18 years of age.
 2839  796.035                         1st     Selling or buying of minors into prostitution.
 2840  800.04(5)(b)                   Life     Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
 2841  812.13(2)(a)                  1st,PBL   Robbery with firearm or other deadly weapon.
 2842  812.133(2)(a)                 1st,PBL   Carjacking; firearm or other deadly weapon.
 2843  812.135(2)(b)                   1st     Home-invasion robbery with weapon.
 2844  817.535(3)(b)                   1st     Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee.
 2845  817.535(4)(a)2.                 1st     Filing false claim or other unauthorized document; defendant is incarcerated or under supervision.
 2846  817.535(5)(b)                   1st     Filing false lien or other unauthorized document; second or subsequent offense; owner of the property incurs financial loss as a result of the false instrument.
 2847  817.568(7)                    2nd,PBL   Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
 2848  827.03(2)(a)                    1st     Aggravated child abuse.    
 2849  847.0145(1)                     1st     Selling, or otherwise transferring custody or control, of a minor.
 2850  847.0145(2)                     1st     Purchasing, or otherwise obtaining custody or control, of a minor.
 2851  859.01                          1st     Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
 2852  893.135                         1st     Attempted capital trafficking offense.
 2853  893.135(1)(a)3.                 1st     Trafficking in cannabis, except when authorized under s. 893.03(1)(c)7. and (1)(c)37. and chapters 468 and 499, more than 10,000 lbs.
 2854  893.135 (1)(b)1.c.              1st     Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
 2855  893.135 (1)(c)1.c.              1st     Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms, excluding cannabis and tetrahydrocannabinols, when excepted under s. 893.03(1)(c)7. and (1)(c)37. and chapters 468 and 499.
 2856  893.135 (1)(d)1.c.              1st     Trafficking in phencyclidine, more than 400 grams.
 2857  893.135 (1)(e)1.c.              1st     Trafficking in methaqualone, more than 25 kilograms.
 2858  893.135 (1)(f)1.c.              1st     Trafficking in amphetamine, more than 200 grams.
 2859  893.135 (1)(h)1.c.              1st     Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
 2860  893.135 (1)(j)1.c.              1st     Trafficking in 1,4-Butanediol, 10 kilograms or more.
 2861  893.135 (1)(k)2.c.              1st     Trafficking in Phenethylamines, 400 grams or more.
 2862  896.101(5)(c)                   1st     Money laundering, financial instruments totaling or exceeding $100,000.
 2863  896.104(4)(a)3.                 1st     Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
 2864         Section 12. This act shall take effect October 1, 2014.