Florida Senate - 2016                                    SB 1182
       
       
        
       By Senator Latvala
       
       20-01317-16                                           20161182__
    1                        A bill to be entitled                      
    2         An act relating to controlled substances; amending s.
    3         893.03, F.S.; scheduling Mitragynine and 7
    4         Hydroxymitragynine, constituents of Kratom, in a
    5         schedule of controlled substances; scheduling isomers,
    6         esters, ethers, salts, and salts of isomers, esters,
    7         and ethers of Mitragynine and 7-Hydroxymitragynine in
    8         a schedule of controlled substances; providing an
    9         exception from scheduling for any drug product
   10         approved by the United States Food and Drug
   11         Administration which contains Mitragynine or 7
   12         Hydroxymitragynine; amending s. 893.13, F.S.;
   13         providing a criminal penalty; reenacting s.
   14         39.01(30)(a) and (g), F.S., relating to definitions
   15         used in chapter 39, F.S., s. 316.193(5), F.S.,
   16         relating to driving under the influence, s.
   17         322.2616(2)(c), F.S., relating to suspension of driver
   18         licenses, s. 327.35(5), F.S., relating to boating
   19         under the influence, s. 440.102(11)(b), F.S., relating
   20         to drug-free workplace programs, ss. 458.3265(1)(e)
   21         and 459.0137(1)(e), F.S., relating to pain-management
   22         clinics, s. 782.04(1)(a) and (4), F.S., relating to
   23         murder, s. 787.06(2)(a), F.S., relating to human
   24         trafficking, s. 817.563, F.S., relating to sale of
   25         substance in lieu of a controlled substance, s.
   26         831.31(1)(a) and (2), F.S., relating to counterfeit
   27         controlled substance, s. 856.015(1)(c), F.S., relating
   28         to open house parties, s. 893.02(4), F.S., relating to
   29         definitions, ss. 893.035(2), (7)(a), and (8)(a), and
   30         893.0356(2)(a) and (5), F.S., relating to control of
   31         new substances, s. 893.05(1), F.S., relating to
   32         practitioners and persons administering controlled
   33         substances in their absence, s. 893.12(2)(b), (c), and
   34         (d), F.S., relating to contraband, seizure,
   35         forfeiture, and sale, s. 893.13(1)(a), (c), (d), (e),
   36         (f), and (h), (2)(a), (4)(b), (5)(b), and (7)(a),
   37         F.S., relating to prohibited acts and penalties, and
   38         921.0022(3)(b), (c), and (e), F.S., relating to the
   39         offense severity ranking chart of the Criminal
   40         Punishment Code, to incorporate the amendment made by
   41         the act to s. 893.03, F.S., in references thereto;
   42         providing an effective date.
   43          
   44  Be It Enacted by the Legislature of the State of Florida:
   45  
   46         Section 1. Paragraph (c) of subsection (1) of section
   47  893.03, Florida Statutes, is amended to read:
   48         893.03 Standards and schedules.—The substances enumerated
   49  in this section are controlled by this chapter. The controlled
   50  substances listed or to be listed in Schedules I, II, III, IV,
   51  and V are included by whatever official, common, usual,
   52  chemical, or trade name designated. The provisions of this
   53  section shall not be construed to include within any of the
   54  schedules contained in this section any excluded drugs listed
   55  within the purview of 21 C.F.R. s. 1308.22, styled “Excluded
   56  Substances”; 21 C.F.R. s. 1308.24, styled “Exempt Chemical
   57  Preparations”; 21 C.F.R. s. 1308.32, styled “Exempted
   58  Prescription Products”; or 21 C.F.R. s. 1308.34, styled “Exempt
   59  Anabolic Steroid Products.”
   60         (1) SCHEDULE I.—A substance in Schedule I has a high
   61  potential for abuse and has no currently accepted medical use in
   62  treatment in the United States and in its use under medical
   63  supervision does not meet accepted safety standards. The
   64  following substances are controlled in Schedule I:
   65         (c) Unless specifically excepted or unless listed in
   66  another schedule, any material, compound, mixture, or
   67  preparation that contains any quantity of the following
   68  hallucinogenic substances or that contains any of their salts,
   69  isomers, including optical, positional, or geometric isomers,
   70  and salts of isomers, if the existence of such salts, isomers,
   71  and salts of isomers is possible within the specific chemical
   72  designation:
   73         1. Alpha-ethyltryptamine.
   74         2. 2-Amino-4-methyl-5-phenyl-2-oxazoline (4
   75  methylaminorex).
   76         3. 2-Amino-5-phenyl-2-oxazoline (Aminorex).
   77         4. 4-Bromo-2,5-dimethoxyamphetamine.
   78         5. 4-Bromo-2,5-dimethoxyphenethylamine.
   79         6. Bufotenine.
   80         7. Cannabis.
   81         8. Cathinone.
   82         9. Diethyltryptamine.
   83         10. 2,5-Dimethoxyamphetamine.
   84         11. 2,5-Dimethoxy-4-ethylamphetamine (DOET).
   85         12. Dimethyltryptamine.
   86         13. N-Ethyl-1-phenylcyclohexylamine (PCE) (Ethylamine
   87  analog of phencyclidine).
   88         14. N-Ethyl-3-piperidyl benzilate.
   89         15. N-ethylamphetamine.
   90         16. Fenethylline.
   91         17. N-Hydroxy-3,4-methylenedioxyamphetamine.
   92         18. Ibogaine.
   93         19. Lysergic acid diethylamide (LSD).
   94         20. Mescaline.
   95         21. Methcathinone.
   96         22. 5-Methoxy-3,4-methylenedioxyamphetamine.
   97         23. 4-methoxyamphetamine.
   98         24. 4-methoxymethamphetamine.
   99         25. 4-Methyl-2,5-dimethoxyamphetamine.
  100         26. 3,4-Methylenedioxy-N-ethylamphetamine.
  101         27. 3,4-Methylenedioxyamphetamine.
  102         28. N-Methyl-3-piperidyl benzilate.
  103         29. N,N-dimethylamphetamine.
  104         30. Parahexyl.
  105         31. Peyote.
  106         32. N-(1-Phenylcyclohexyl)-pyrrolidine (PCPY) (Pyrrolidine
  107  analog of phencyclidine).
  108         33. Psilocybin.
  109         34. Psilocyn.
  110         35. Salvia divinorum, except for any drug product approved
  111  by the United States Food and Drug Administration which contains
  112  Salvia divinorum or its isomers, esters, ethers, salts, and
  113  salts of isomers, esters, and ethers, if the existence of such
  114  isomers, esters, ethers, and salts is possible within the
  115  specific chemical designation.
  116         36. Salvinorin A, except for any drug product approved by
  117  the United States Food and Drug Administration which contains
  118  Salvinorin A or its isomers, esters, ethers, salts, and salts of
  119  isomers, esters, and ethers, if the existence of such isomers,
  120  esters, ethers, and salts is possible within the specific
  121  chemical designation.
  122         37. Tetrahydrocannabinols.
  123         38. 1-[1-(2-Thienyl)-cyclohexyl]-piperidine (TCP)
  124  (Thiophene analog of phencyclidine).
  125         39. 3,4,5-Trimethoxyamphetamine.
  126         40. 3,4-Methylenedioxymethcathinone.
  127         41. 3,4-Methylenedioxypyrovalerone (MDPV).
  128         42. Methylmethcathinone.
  129         43. Methoxymethcathinone.
  130         44. Fluoromethcathinone.
  131         45. Methylethcathinone.
  132         46. 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2
  133  yl)phenol, also known as CP 47,497 and its dimethyloctyl (C8)
  134  homologue.
  135         47. (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2
  136  methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo [c]chromen-1-ol,
  137  also known as HU-210.
  138         48. 1-Pentyl-3-(1-naphthoyl)indole, also known as JWH-018.
  139         49. 1-Butyl-3-(1-naphthoyl)indole, also known as JWH-073.
  140         50. 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl) indole, also
  141  known as JWH-200.
  142         51. BZP (Benzylpiperazine).
  143         52. Fluorophenylpiperazine.
  144         53. Methylphenylpiperazine.
  145         54. Chlorophenylpiperazine.
  146         55. Methoxyphenylpiperazine.
  147         56. DBZP (1,4-dibenzylpiperazine).
  148         57. TFMPP (3-Trifluoromethylphenylpiperazine).
  149         58. MBDB (Methylbenzodioxolylbutanamine).
  150         59. 5-Hydroxy-alpha-methyltryptamine.
  151         60. 5-Hydroxy-N-methyltryptamine.
  152         61. 5-Methoxy-N-methyl-N-isopropyltryptamine.
  153         62. 5-Methoxy-alpha-methyltryptamine.
  154         63. Methyltryptamine.
  155         64. 5-Methoxy-N,N-dimethyltryptamine.
  156         65. 5-Methyl-N,N-dimethyltryptamine.
  157         66. Tyramine (4-Hydroxyphenethylamine).
  158         67. 5-Methoxy-N,N-Diisopropyltryptamine.
  159         68. DiPT (N,N-Diisopropyltryptamine).
  160         69. DPT (N,N-Dipropyltryptamine).
  161         70. 4-Hydroxy-N,N-diisopropyltryptamine.
  162         71. N,N-Diallyl-5-Methoxytryptamine.
  163         72. DOI (4-Iodo-2,5-dimethoxyamphetamine).
  164         73. DOC (4-Chloro-2,5-dimethoxyamphetamine).
  165         74. 2C-E (4-Ethyl-2,5-dimethoxyphenethylamine).
  166         75. 2C-T-4 (2,5-Dimethoxy-4-isopropylthiophenethylamine).
  167         76. 2C-C (4-Chloro-2,5-dimethoxyphenethylamine).
  168         77. 2C-T (2,5-Dimethoxy-4-methylthiophenethylamine).
  169         78. 2C-T-2 (2,5-Dimethoxy-4-ethylthiophenethylamine).
  170         79. 2C-T-7 (2,5-Dimethoxy-4-(n)-propylthiophenethylamine).
  171         80. 2C-I (4-Iodo-2,5-dimethoxyphenethylamine).
  172         81. Butylone (beta-keto-N-methylbenzodioxolylpropylamine).
  173         82. Ethcathinone.
  174         83. Ethylone (3,4-methylenedioxy-N-ethylcathinone).
  175         84. Naphyrone (naphthylpyrovalerone).
  176         85. N-N-Dimethyl-3,4-methylenedioxycathinone.
  177         86. N-N-Diethyl-3,4-methylenedioxycathinone.
  178         87. 3,4-methylenedioxy-propiophenone.
  179         88. 2-Bromo-3,4-Methylenedioxypropiophenone.
  180         89. 3,4-methylenedioxy-propiophenone-2-oxime.
  181         90. N-Acetyl-3,4-methylenedioxycathinone.
  182         91. N-Acetyl-N-Methyl-3,4-Methylenedioxycathinone.
  183         92. N-Acetyl-N-Ethyl-3,4-Methylenedioxycathinone.
  184         93. Bromomethcathinone.
  185         94. Buphedrone (alpha-methylamino-butyrophenone).
  186         95. Eutylone (beta-Keto-Ethylbenzodioxolylbutanamine).
  187         96. Dimethylcathinone.
  188         97. Dimethylmethcathinone.
  189         98. Pentylone (beta-Keto-Methylbenzodioxolylpentanamine).
  190         99. (MDPPP) 3,4-Methylenedioxy-alpha
  191  pyrrolidinopropiophenone.
  192         100. (MDPBP) 3,4-Methylenedioxy-alpha
  193  pyrrolidinobutiophenone.
  194         101. Methoxy-alpha-pyrrolidinopropiophenone (MOPPP).
  195         102. Methyl-alpha-pyrrolidinohexiophenone (MPHP).
  196         103. Benocyclidine (BCP) or
  197  benzothiophenylcyclohexylpiperidine (BTCP).
  198         104. Fluoromethylaminobutyrophenone (F-MABP).
  199         105. Methoxypyrrolidinobutyrophenone (MeO-PBP).
  200         106. Ethyl-pyrrolidinobutyrophenone (Et-PBP).
  201         107. 3-Methyl-4-Methoxymethcathinone (3-Me-4-MeO-MCAT).
  202         108. Methylethylaminobutyrophenone (Me-EABP).
  203         109. Methylamino-butyrophenone (MABP).
  204         110. Pyrrolidinopropiophenone (PPP).
  205         111. Pyrrolidinobutiophenone (PBP).
  206         112. Pyrrolidinovalerophenone (PVP).
  207         113. Methyl-alpha-pyrrolidinopropiophenone (MPPP).
  208         114. JWH-007 (1-pentyl-2-methyl-3-(1-naphthoyl)indole).
  209         115. JWH-015 (2-Methyl-1-propyl-1H-indol-3-yl)-1
  210  naphthalenylmethanone).
  211         116. JWH-019 (Naphthalen-1-yl-(1-hexylindol-3
  212  yl)methanone).
  213         117. JWH-020 (1-heptyl-3-(1-naphthoyl)indole).
  214         118. JWH-072 (Naphthalen-1-yl-(1-propyl-1H-indol-3
  215  yl)methanone).
  216         119. JWH-081 (4-methoxynaphthalen-1-yl-(1-pentylindol-3
  217  yl)methanone).
  218         120. JWH-122 (1-pentyl-3-(4-methyl-1-naphthoyl)indole).
  219         121. JWH-133 ((6aR,10aR)-3-(1,1-Dimethylbutyl)-6a,7,10,10a
  220  tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran)).
  221         122. JWH-175 (3-(naphthalen-1-ylmethyl)-1-pentyl-1H
  222  indole).
  223         123. JWH-201 (1-pentyl-3-(4-methoxyphenylacetyl)indole).
  224         124. JWH-203 (2-(2-chlorophenyl)-1-(1-pentylindol-3
  225  yl)ethanone).
  226         125. JWH-210 (4-ethylnaphthalen-1-yl-(1-pentylindol-3
  227  yl)methanone).
  228         126. JWH-250 (2-(2-methoxyphenyl)-1-(1-pentylindol-3
  229  yl)ethanone).
  230         127. JWH-251 (2-(2-methylphenyl)-1-(1-pentyl-1H-indol-3
  231  yl)ethanone).
  232         128. JWH-302 (1-pentyl-3-(3-methoxyphenylacetyl)indole).
  233         129. JWH-398 (1-pentyl-3-(4-chloro-1-naphthoyl)indole).
  234         130. HU-211 ((6aS,10aS)-9-(Hydroxymethyl)-6,6-dimethyl-3
  235  (2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1
  236  ol).
  237         131. HU-308 ([(1R,2R,5R)-2-[2,6-dimethoxy-4-(2-methyloctan
  238  2-yl)phenyl]-7,7-dimethyl-4-bicyclo[3.1.1]hept-3-enyl]
  239  methanol).
  240         132. HU-331 (3-hydroxy-2-[(1R,6R)-3-methyl-6-(1-
  241  methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-2,5-cyclohexadiene
  242  1,4-dione).
  243         133. CB-13 (Naphthalen-1-yl-(4-pentyloxynaphthalen-1
  244  yl)methanone).
  245         134. CB-25 (N-cyclopropyl-11-(3-hydroxy-5-pentylphenoxy)
  246  undecanamide).
  247         135. CB-52 (N-cyclopropyl-11-(2-hexyl-5-hydroxyphenoxy)
  248  undecanamide).
  249         136. CP 55,940 (2-[(1R,2R,5R)-5-hydroxy-2-(3
  250  hydroxypropyl)cyclohexyl]-5-(2-methyloctan-2-yl)phenol).
  251         137. AM-694 (1-[(5-fluoropentyl)-1H-indol-3-yl]-(2
  252  iodophenyl)methanone).
  253         138. AM-2201 (1-[(5-fluoropentyl)-1H-indol-3-yl]
  254  (naphthalen-1-yl)methanone).
  255         139. RCS-4 ((4-methoxyphenyl) (1-pentyl-1H-indol-3
  256  yl)methanone).
  257         140. RCS-8 (1-(1-(2-cyclohexylethyl)-1H-indol-3-yl)-2-(2
  258  methoxyphenylethanone).
  259         141. WIN55,212-2 ((R)-(+)-[2,3-Dihydro-5-methyl-3-(4
  260  morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1
  261  naphthalenylmethanone).
  262         142. WIN55,212-3 ([(3S)-2,3-Dihydro-5-methyl-3-(4
  263  morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1
  264  naphthalenylmethanone).
  265         143. Pentedrone (2-(methylamino)-1-phenyl-1-pentanone).
  266         144. Fluoroamphetamine.
  267         145. Fluoromethamphetamine.
  268         146. Methoxetamine.
  269         147. Methiopropamine.
  270         148. 4-Methylbuphedrone (2-Methylamino-1-(4
  271  methylphenyl)butan-1-one).
  272         149. APB ((2-aminopropyl)benzofuran).
  273         150. APDB ((2-aminopropyl)-2,3-dihydrobenzofuran).
  274         151. UR-144 ((1-pentyl-1H-indol-3-yl)(2,2,3,3
  275  tetramethylcyclopropyl)methanone).
  276         152. XLR11 ((1-(5-fluoropentyl)-1H-indol-3-yl)(2,2,3,3
  277  tetramethylcyclopropyl)methanone).
  278         153. (1-(5-chloropentyl)-1H-indol-3-yl)(2,2,3,3
  279  tetramethylcyclopropyl)methanone.
  280         154. AKB48 (1-pentyl-N-tricyclo[3.3.1.13,7]dec-1-yl-1H
  281  indazole-3-carboxamide).
  282         155. AM-2233((2-iodophenyl)[1-[(1-methyl-2
  283  piperidinyl)methyl]-1H-indol-3-yl]-methanone).
  284         156. STS-135 (1-(5-fluoropentyl)-N-tricyclo[3.3.1.13,7]dec
  285  1-yl-1H-indole-3-carboxamide).
  286         157. URB-597 ((3’-(aminocarbonyl)[1,1’-biphenyl]-3-yl)
  287  cyclohexylcarbamate).
  288         158. URB-602 ([1,1’-biphenyl]-3-yl-carbamic acid,
  289  cyclohexyl ester).
  290         159. URB-754 (6-methyl-2-[(4-methylphenyl)amino]-1
  291  benzoxazin-4-one).
  292         160. 2C-D (2-(2,5-Dimethoxy-4-methylphenyl)ethanamine).
  293         161. 2C-H (2-(2,5-Dimethoxyphenyl)ethanamine).
  294         162. 2C-N (2-(2,5-Dimethoxy-4-nitrophenyl)ethanamine).
  295         163. 2C-P (2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine).
  296         164. 25I-NBOMe (4-iodo-2,5-dimethoxy-N-[(2
  297  methoxyphenyl)methyl]-benzeneethanamine).
  298         165. 3,4-Methylenedioxymethamphetamine (MDMA).
  299         166. PB-22 (1-pentyl-8-quinolinyl ester-1H-indole-3
  300  carboxylic acid).
  301         167. 5-Fluoro PB-22 (8-quinolinyl ester-1-(5-fluoropentyl)
  302  1H-indole-3-carboxylic acid).
  303         168. BB-22 (1-(cyclohexylmethyl)-8-quinolinyl ester-1H
  304  indole-3-carboxylic acid).
  305         169. 5-Fluoro AKB48 (N-((3s,5s,7s)-adamantan-1-yl)-1-(5
  306  fluoropentyl)-1H-indazole-3-carboxamide).
  307         170. AB-PINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1
  308  pentyl-1H-indazole-3-carboxamide).
  309         171. AB-FUBINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1
  310  (4-fluorobenzyl)-1H-indazole-3-carboxamide).
  311         172. ADB-PINACA (N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl)
  312  1-pentyl-1H-indazole-3-carboxamide).
  313         173. Fluoro ADBICA (N-(1-Amino-3,3-dimethyl-1-oxobutan-2
  314  yl)-1-(fluoropentyl)-1H-indole-3-carboxamide).
  315         174. 25B-NBOMe (4-bromo-2,5-dimethoxy-N-[(2
  316  methoxyphenyl)methyl]-benzeneethanamine).
  317         175. 2C-C-NBOMe (4-chloro-2,5-dimethoxy-N-[(2
  318  methoxyphenyl)methyl]-benzeneethanamine).
  319         176. AB-CHMINACA: N-[1-(aminocarbonyl)-2-methylpropyl]-1
  320  (cyclohexylmethyl)-1H-indazole-3-carboxamide.
  321         177. FUB-PB-22: Quinolin-8-yl-1-(4-fluorobenzyl)-1H-indole
  322  3-carboxylate.
  323         178. Fluoro-NNEI: 1-(Fluoropentyl)-N-(naphthalen-1-yl)-1H
  324  indole-3-carboxamide.
  325         179. Fluoro-AMB: Methyl 2-(1-(fluoropentyl)-1H-indazole-3
  326  carboxamido)-3-methylbutanoate.
  327         180. THJ-2201: [1-(5-Fluoropentyl)-1H-indazol-3
  328  yl](naphthalen-1-yl)methanone.
  329         181. Mitragynine or 7-Hydroxymitragynine, except for any
  330  drug product approved by the United States Food and Drug
  331  Administration which contains Mitragynine or 7
  332  Hydroxymitragynine, including any of their isomers, esters,
  333  ethers, salts, and salts of isomers, esters, and ethers, if the
  334  existence of such isomers, esters, ethers, and salts is possible
  335  within the specific chemical designation.
  336         Section 2. Subsection (11) is added to section 893.13,
  337  Florida Statutes, to read:
  338         893.13 Prohibited acts; penalties.—
  339         (11) Notwithstanding any other provision of this section, a
  340  person who possesses, purchases, sells, delivers, manufactures,
  341  or brings into this state a controlled substance described in s.
  342  893.03(1)(c)181., commits a misdemeanor of the first degree,
  343  punishable as provided in s. 775.082 or s. 775.083.
  344         Section 3. For the purpose of incorporating the amendment
  345  made by this act to section 893.03, Florida Statutes, in a
  346  reference thereto, paragraphs (a) and (g) of subsection (30) of
  347  section 39.01, Florida Statutes, are reenacted to read:
  348         39.01 Definitions.—When used in this chapter, unless the
  349  context otherwise requires:
  350         (30) “Harm” to a child’s health or welfare can occur when
  351  any person:
  352         (a) Inflicts or allows to be inflicted upon the child
  353  physical, mental, or emotional injury. In determining whether
  354  harm has occurred, the following factors must be considered in
  355  evaluating any physical, mental, or emotional injury to a child:
  356  the age of the child; any prior history of injuries to the
  357  child; the location of the injury on the body of the child; the
  358  multiplicity of the injury; and the type of trauma inflicted.
  359  Such injury includes, but is not limited to:
  360         1. Willful acts that produce the following specific
  361  injuries:
  362         a. Sprains, dislocations, or cartilage damage.
  363         b. Bone or skull fractures.
  364         c. Brain or spinal cord damage.
  365         d. Intracranial hemorrhage or injury to other internal
  366  organs.
  367         e. Asphyxiation, suffocation, or drowning.
  368         f. Injury resulting from the use of a deadly weapon.
  369         g. Burns or scalding.
  370         h. Cuts, lacerations, punctures, or bites.
  371         i. Permanent or temporary disfigurement.
  372         j. Permanent or temporary loss or impairment of a body part
  373  or function.
  374  
  375  As used in this subparagraph, the term “willful” refers to the
  376  intent to perform an action, not to the intent to achieve a
  377  result or to cause an injury.
  378         2. Purposely giving a child poison, alcohol, drugs, or
  379  other substances that substantially affect the child’s behavior,
  380  motor coordination, or judgment or that result in sickness or
  381  internal injury. For the purposes of this subparagraph, the term
  382  “drugs” means prescription drugs not prescribed for the child or
  383  not administered as prescribed, and controlled substances as
  384  outlined in Schedule I or Schedule II of s. 893.03.
  385         3. Leaving a child without adult supervision or arrangement
  386  appropriate for the child’s age or mental or physical condition,
  387  so that the child is unable to care for the child’s own needs or
  388  another’s basic needs or is unable to exercise good judgment in
  389  responding to any kind of physical or emotional crisis.
  390         4. Inappropriate or excessively harsh disciplinary action
  391  that is likely to result in physical injury, mental injury as
  392  defined in this section, or emotional injury. The significance
  393  of any injury must be evaluated in light of the following
  394  factors: the age of the child; any prior history of injuries to
  395  the child; the location of the injury on the body of the child;
  396  the multiplicity of the injury; and the type of trauma
  397  inflicted. Corporal discipline may be considered excessive or
  398  abusive when it results in any of the following or other similar
  399  injuries:
  400         a. Sprains, dislocations, or cartilage damage.
  401         b. Bone or skull fractures.
  402         c. Brain or spinal cord damage.
  403         d. Intracranial hemorrhage or injury to other internal
  404  organs.
  405         e. Asphyxiation, suffocation, or drowning.
  406         f. Injury resulting from the use of a deadly weapon.
  407         g. Burns or scalding.
  408         h. Cuts, lacerations, punctures, or bites.
  409         i. Permanent or temporary disfigurement.
  410         j. Permanent or temporary loss or impairment of a body part
  411  or function.
  412         k. Significant bruises or welts.
  413         (g) Exposes a child to a controlled substance or alcohol.
  414  Exposure to a controlled substance or alcohol is established by:
  415         1. A test, administered at birth, which indicated that the
  416  child’s blood, urine, or meconium contained any amount of
  417  alcohol or a controlled substance or metabolites of such
  418  substances, the presence of which was not the result of medical
  419  treatment administered to the mother or the newborn infant; or
  420         2. Evidence of extensive, abusive, and chronic use of a
  421  controlled substance or alcohol by a parent when the child is
  422  demonstrably adversely affected by such usage.
  423  
  424  As used in this paragraph, the term “controlled substance” means
  425  prescription drugs not prescribed for the parent or not
  426  administered as prescribed and controlled substances as outlined
  427  in Schedule I or Schedule II of s. 893.03.
  428         Section 4. For the purpose of incorporating the amendment
  429  made by this act to section 893.03, Florida Statutes, in a
  430  reference thereto, subsection (5) of section 316.193, Florida
  431  Statutes, is reenacted to read:
  432         316.193 Driving under the influence; penalties.—
  433         (5) The court shall place all offenders convicted of
  434  violating this section on monthly reporting probation and shall
  435  require completion of a substance abuse course conducted by a
  436  DUI program licensed by the department under s. 322.292, which
  437  must include a psychosocial evaluation of the offender. If the
  438  DUI program refers the offender to an authorized substance abuse
  439  treatment provider for substance abuse treatment, in addition to
  440  any sentence or fine imposed under this section, completion of
  441  all such education, evaluation, and treatment is a condition of
  442  reporting probation. The offender shall assume reasonable costs
  443  for such education, evaluation, and treatment. The referral to
  444  treatment resulting from a psychosocial evaluation shall not be
  445  waived without a supporting independent psychosocial evaluation
  446  conducted by an authorized substance abuse treatment provider
  447  appointed by the court, which shall have access to the DUI
  448  program’s psychosocial evaluation before the independent
  449  psychosocial evaluation is conducted. The court shall review the
  450  results and recommendations of both evaluations before
  451  determining the request for waiver. The offender shall bear the
  452  full cost of this procedure. The term “substance abuse” means
  453  the abuse of alcohol or any substance named or described in
  454  Schedules I through V of s. 893.03. If an offender referred to
  455  treatment under this subsection fails to report for or complete
  456  such treatment or fails to complete the DUI program substance
  457  abuse education course and evaluation, the DUI program shall
  458  notify the court and the department of the failure. Upon receipt
  459  of the notice, the department shall cancel the offender’s
  460  driving privilege, notwithstanding the terms of the court order
  461  or any suspension or revocation of the driving privilege. The
  462  department may temporarily reinstate the driving privilege on a
  463  restricted basis upon verification from the DUI program that the
  464  offender is currently participating in treatment and the DUI
  465  education course and evaluation requirement has been completed.
  466  If the DUI program notifies the department of the second failure
  467  to complete treatment, the department shall reinstate the
  468  driving privilege only after notice of completion of treatment
  469  from the DUI program. The organization that conducts the
  470  substance abuse education and evaluation may not provide
  471  required substance abuse treatment unless a waiver has been
  472  granted to that organization by the department. A waiver may be
  473  granted only if the department determines, in accordance with
  474  its rules, that the service provider that conducts the substance
  475  abuse education and evaluation is the most appropriate service
  476  provider and is licensed under chapter 397 or is exempt from
  477  such licensure. A statistical referral report shall be submitted
  478  quarterly to the department by each organization authorized to
  479  provide services under this section.
  480         Section 5. For the purpose of incorporating the amendment
  481  made by this act to section 893.03, Florida Statutes, in a
  482  reference thereto, paragraph (c) of subsection (2) of section
  483  322.2616, Florida Statutes, is reenacted to read:
  484         322.2616 Suspension of license; persons under 21 years of
  485  age; right to review.—
  486         (2)
  487         (c) When a driver subject to this section has a blood
  488  alcohol or breath-alcohol level of 0.05 or higher, the
  489  suspension shall remain in effect until such time as the driver
  490  has completed a substance abuse course offered by a DUI program
  491  licensed by the department. The driver shall assume the
  492  reasonable costs for the substance abuse course. As part of the
  493  substance abuse course, the program shall conduct a substance
  494  abuse evaluation of the driver, and notify the parents or legal
  495  guardians of drivers under the age of 19 years of the results of
  496  the evaluation. The term “substance abuse” means the abuse of
  497  alcohol or any substance named or described in Schedules I
  498  through V of s. 893.03. If a driver fails to complete the
  499  substance abuse education course and evaluation, the driver
  500  license shall not be reinstated by the department.
  501         Section 6. For the purpose of incorporating the amendment
  502  made by this act to section 893.03, Florida Statutes, in a
  503  reference thereto, subsection (5) of section 327.35, Florida
  504  Statutes, is reenacted to read:
  505         327.35 Boating under the influence; penalties; “designated
  506  drivers.”—
  507         (5) In addition to any sentence or fine, the court shall
  508  place any offender convicted of violating this section on
  509  monthly reporting probation and shall require attendance at a
  510  substance abuse course specified by the court; and the agency
  511  conducting the course may refer the offender to an authorized
  512  service provider for substance abuse evaluation and treatment,
  513  in addition to any sentence or fine imposed under this section.
  514  The offender shall assume reasonable costs for such education,
  515  evaluation, and treatment, with completion of all such
  516  education, evaluation, and treatment being a condition of
  517  reporting probation. Treatment resulting from a psychosocial
  518  evaluation may not be waived without a supporting psychosocial
  519  evaluation conducted by an agency appointed by the court and
  520  with access to the original evaluation. The offender shall bear
  521  the cost of this procedure. The term “substance abuse” means the
  522  abuse of alcohol or any substance named or described in
  523  Schedules I-V of s. 893.03.
  524         Section 7. For the purpose of incorporating the amendment
  525  made by this act to section 893.03, Florida Statutes, in a
  526  reference thereto, paragraph (b) of subsection (11) of section
  527  440.102, Florida Statutes, is reenacted to read:
  528         440.102 Drug-free workplace program requirements.—The
  529  following provisions apply to a drug-free workplace program
  530  implemented pursuant to law or to rules adopted by the Agency
  531  for Health Care Administration:
  532         (11) PUBLIC EMPLOYEES IN MANDATORY-TESTING OR SPECIAL-RISK
  533  POSITIONS.—
  534         (b) An employee who is employed by a public employer in a
  535  special-risk position may be discharged or disciplined by a
  536  public employer for the first positive confirmed test result if
  537  the drug confirmed is an illicit drug under s. 893.03. A
  538  special-risk employee who is participating in an employee
  539  assistance program or drug rehabilitation program may not be
  540  allowed to continue to work in any special-risk or mandatory
  541  testing position of the public employer, but may be assigned to
  542  a position other than a mandatory-testing position or placed on
  543  leave while the employee is participating in the program.
  544  However, the employee shall be permitted to use any accumulated
  545  annual leave credits before leave may be ordered without pay.
  546         Section 8. For the purpose of incorporating the amendment
  547  made by this act to section 893.03, Florida Statutes, in a
  548  reference thereto, paragraph (e) of subsection (1) of section
  549  458.3265, Florida Statutes, is reenacted to read:
  550         458.3265 Pain-management clinics.—
  551         (1) REGISTRATION.—
  552         (e) The department shall deny registration to any pain
  553  management clinic owned by or with any contractual or employment
  554  relationship with a physician:
  555         1. Whose Drug Enforcement Administration number has ever
  556  been revoked.
  557         2. Whose application for a license to prescribe, dispense,
  558  or administer a controlled substance has been denied by any
  559  jurisdiction.
  560         3. Who has been convicted of or pleaded guilty or nolo
  561  contendere to, regardless of adjudication, an offense that
  562  constitutes a felony for receipt of illicit and diverted drugs,
  563  including a controlled substance listed in Schedule I, Schedule
  564  II, Schedule III, Schedule IV, or Schedule V of s. 893.03, in
  565  this state, any other state, or the United States.
  566         Section 9. For the purpose of incorporating the amendment
  567  made by this act to section 893.03, Florida Statutes, in a
  568  reference thereto, paragraph (e) of subsection (1) of section
  569  459.0137, Florida Statutes, is reenacted to read:
  570         459.0137 Pain-management clinics.—
  571         (1) REGISTRATION.—
  572         (e) The department shall deny registration to any pain
  573  management clinic owned by or with any contractual or employment
  574  relationship with a physician:
  575         1. Whose Drug Enforcement Administration number has ever
  576  been revoked.
  577         2. Whose application for a license to prescribe, dispense,
  578  or administer a controlled substance has been denied by any
  579  jurisdiction.
  580         3. Who has been convicted of or pleaded guilty or nolo
  581  contendere to, regardless of adjudication, an offense that
  582  constitutes a felony for receipt of illicit and diverted drugs,
  583  including a controlled substance listed in Schedule I, Schedule
  584  II, Schedule III, Schedule IV, or Schedule V of s. 893.03, in
  585  this state, any other state, or the United States.
  586         Section 10. For the purpose of incorporating the amendment
  587  made by this act to section 893.03, Florida Statutes, in a
  588  reference thereto, paragraph (a) of subsection (1) and
  589  subsection (4) of section 782.04, Florida Statutes, are
  590  reenacted to read:
  591         782.04 Murder.—
  592         (1)(a) The unlawful killing of a human being:
  593         1. When perpetrated from a premeditated design to effect
  594  the death of the person killed or any human being;
  595         2. When committed by a person engaged in the perpetration
  596  of, or in the attempt to perpetrate, any:
  597         a. Trafficking offense prohibited by s. 893.135(1),
  598         b. Arson,
  599         c. Sexual battery,
  600         d. Robbery,
  601         e. Burglary,
  602         f. Kidnapping,
  603         g. Escape,
  604         h. Aggravated child abuse,
  605         i. Aggravated abuse of an elderly person or disabled adult,
  606         j. Aircraft piracy,
  607         k. Unlawful throwing, placing, or discharging of a
  608  destructive device or bomb,
  609         l. Carjacking,
  610         m. Home-invasion robbery,
  611         n. Aggravated stalking,
  612         o. Murder of another human being,
  613         p. Resisting an officer with violence to his or her person,
  614         q. Aggravated fleeing or eluding with serious bodily injury
  615  or death,
  616         r. Felony that is an act of terrorism or is in furtherance
  617  of an act of terrorism; or
  618         3. Which resulted from the unlawful distribution of any
  619  substance controlled under s. 893.03(1), cocaine as described in
  620  s. 893.03(2)(a)4., opium or any synthetic or natural salt,
  621  compound, derivative, or preparation of opium, or methadone by a
  622  person 18 years of age or older, when such drug is proven to be
  623  the proximate cause of the death of the user,
  624  
  625  is murder in the first degree and constitutes a capital felony,
  626  punishable as provided in s. 775.082.
  627         (4) The unlawful killing of a human being, when perpetrated
  628  without any design to effect death, by a person engaged in the
  629  perpetration of, or in the attempt to perpetrate, any felony
  630  other than any:
  631         (a) Trafficking offense prohibited by s. 893.135(1),
  632         (b) Arson,
  633         (c) Sexual battery,
  634         (d) Robbery,
  635         (e) Burglary,
  636         (f) Kidnapping,
  637         (g) Escape,
  638         (h) Aggravated child abuse,
  639         (i) Aggravated abuse of an elderly person or disabled
  640  adult,
  641         (j) Aircraft piracy,
  642         (k) Unlawful throwing, placing, or discharging of a
  643  destructive device or bomb,
  644         (l) Unlawful distribution of any substance controlled under
  645  s. 893.03(1), cocaine as described in s. 893.03(2)(a)4., or
  646  opium or any synthetic or natural salt, compound, derivative, or
  647  preparation of opium by a person 18 years of age or older, when
  648  such drug is proven to be the proximate cause of the death of
  649  the user,
  650         (m) Carjacking,
  651         (n) Home-invasion robbery,
  652         (o) Aggravated stalking,
  653         (p) Murder of another human being,
  654         (q) Aggravated fleeing or eluding with serious bodily
  655  injury or death,
  656         (r) Resisting an officer with violence to his or her
  657  person, or
  658         (s) Felony that is an act of terrorism or is in furtherance
  659  of an act of terrorism,
  660  
  661  is murder in the third degree and constitutes a felony of the
  662  second degree, punishable as provided in s. 775.082, s. 775.083,
  663  or s. 775.084.
  664         Section 11. For the purpose of incorporating the amendment
  665  made by this act to section 893.03, Florida Statutes, in a
  666  reference thereto, paragraph (a) of subsection (2) of section
  667  787.06, Florida Statutes, is reenacted to read:
  668         787.06 Human trafficking.—
  669         (2) As used in this section, the term:
  670         (a) “Coercion” means:
  671         1. Using or threatening to use physical force against any
  672  person;
  673         2. Restraining, isolating, or confining or threatening to
  674  restrain, isolate, or confine any person without lawful
  675  authority and against her or his will;
  676         3. Using lending or other credit methods to establish a
  677  debt by any person when labor or services are pledged as a
  678  security for the debt, if the value of the labor or services as
  679  reasonably assessed is not applied toward the liquidation of the
  680  debt, the length and nature of the labor or services are not
  681  respectively limited and defined;
  682         4. Destroying, concealing, removing, confiscating,
  683  withholding, or possessing any actual or purported passport,
  684  visa, or other immigration document, or any other actual or
  685  purported government identification document, of any person;
  686         5. Causing or threatening to cause financial harm to any
  687  person;
  688         6. Enticing or luring any person by fraud or deceit; or
  689         7. Providing a controlled substance as outlined in Schedule
  690  I or Schedule II of s. 893.03 to any person for the purpose of
  691  exploitation of that person.
  692         Section 12. For the purpose of incorporating the amendment
  693  made by this act to section 893.03, Florida Statutes, in a
  694  reference thereto, section 817.563, Florida Statutes, is
  695  reenacted to read:
  696         817.563 Controlled substance named or described in s.
  697  893.03; sale of substance in lieu thereof.—It is unlawful for
  698  any person to agree, consent, or in any manner offer to
  699  unlawfully sell to any person a controlled substance named or
  700  described in s. 893.03 and then sell to such person any other
  701  substance in lieu of such controlled substance. Any person who
  702  violates this section with respect to:
  703         (1) A controlled substance named or described in s.
  704  893.03(1), (2), (3), or (4) is guilty of a felony of the third
  705  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  706  775.084.
  707         (2) A controlled substance named or described in s.
  708  893.03(5) is guilty of a misdemeanor of the second degree,
  709  punishable as provided in s. 775.082 or s. 775.083.
  710         Section 13. For the purpose of incorporating the amendment
  711  made by this act to section 893.03, Florida Statutes, in a
  712  reference thereto, paragraph (a) of subsection (1) and
  713  subsection (2) of section 831.31, Florida Statutes, are
  714  reenacted to read:
  715         831.31 Counterfeit controlled substance; sale, manufacture,
  716  delivery, or possession with intent to sell, manufacture, or
  717  deliver.—
  718         (1) It is unlawful for any person to sell, manufacture, or
  719  deliver, or to possess with intent to sell, manufacture, or
  720  deliver, a counterfeit controlled substance. Any person who
  721  violates this subsection with respect to:
  722         (a) A controlled substance named or described in s.
  723  893.03(1), (2), (3), or (4) is guilty of a felony of the third
  724  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  725  775.084.
  726         (2) For purposes of this section, “counterfeit controlled
  727  substance” means:
  728         (a) A controlled substance named or described in s. 893.03
  729  which, or the container or labeling of which, without
  730  authorization bears the trademark, trade name, or other
  731  identifying mark, imprint, or number, or any likeness thereof,
  732  of a manufacturer other than the person who in fact manufactured
  733  the controlled substance; or
  734         (b) Any substance which is falsely identified as a
  735  controlled substance named or described in s. 893.03.
  736         Section 14. For the purpose of incorporating the amendment
  737  made by this act to section 893.03, Florida Statutes, in a
  738  reference thereto, paragraph (c) of subsection (1) of section
  739  856.015, Florida Statutes, is reenacted to read:
  740         856.015 Open house parties.—
  741         (1) Definitions.—As used in this section:
  742         (c) “Drug” means a controlled substance, as that term is
  743  defined in ss. 893.02(4) and 893.03.
  744         Section 15. For the purpose of incorporating the amendment
  745  made by this act to section 893.03, Florida Statutes, in a
  746  reference thereto, subsection (4) of section 893.02, Florida
  747  Statutes, is reenacted to read:
  748         893.02 Definitions.—The following words and phrases as used
  749  in this chapter shall have the following meanings, unless the
  750  context otherwise requires:
  751         (4) “Controlled substance” means any substance named or
  752  described in Schedules I-V of s. 893.03. Laws controlling the
  753  manufacture, distribution, preparation, dispensing, or
  754  administration of such substances are drug abuse laws.
  755         Section 16. For the purpose of incorporating the amendment
  756  made by this act to section 893.03, Florida Statutes, in a
  757  reference thereto, subsection (2), paragraph (a) of subsection
  758  (7), and paragraph (a) of subsection (8) of section 893.035,
  759  Florida Statutes, are reenacted to read:
  760         893.035 Control of new substances; findings of fact;
  761  delegation of authority to Attorney General to control
  762  substances by rule.—
  763         (2) The Attorney General shall apply the provisions of this
  764  section to any substance not currently controlled under the
  765  provisions of s. 893.03. The Attorney General may by rule:
  766         (a) Add a substance to a schedule established by s. 893.03,
  767  or transfer a substance between schedules, if he or she finds
  768  that it has a potential for abuse and he or she makes with
  769  respect to it the other findings appropriate for classification
  770  in the particular schedule under s. 893.03 in which it is to be
  771  placed.
  772         (b) Remove a substance previously added to a schedule if he
  773  or she finds the substance does not meet the requirements for
  774  inclusion in that schedule.
  775  
  776  Rules adopted under this section shall be made pursuant to the
  777  rulemaking procedures prescribed by chapter 120.
  778         (7)(a) If the Attorney General finds that the scheduling of
  779  a substance in Schedule I of s. 893.03 on a temporary basis is
  780  necessary to avoid an imminent hazard to the public safety, he
  781  or she may by rule and without regard to the requirements of
  782  subsection (5) relating to the Department of Health and the
  783  Department of Law Enforcement schedule such substance in
  784  Schedule I if the substance is not listed in any other schedule
  785  of s. 893.03. The Attorney General shall be required to
  786  consider, with respect to his or her finding of imminent hazard
  787  to the public safety, only those factors set forth in paragraphs
  788  (3)(a) and (4)(d), (e), and (f), including actual abuse,
  789  diversion from legitimate channels, and clandestine importation,
  790  manufacture, or distribution.
  791         (8)(a) Upon the effective date of a rule adopted pursuant
  792  to this section adding or transferring a substance to a schedule
  793  under s. 893.03, such substance shall be deemed included in that
  794  schedule, and all provisions of this chapter applicable to
  795  substances in that schedule shall be deemed applicable to such
  796  substance.
  797         Section 17. For the purpose of incorporating the amendment
  798  made by this act to section 893.03, Florida Statutes, in a
  799  reference thereto, paragraph (a) of subsection (2) and
  800  subsection (5) of section 893.0356, Florida Statutes, are
  801  reenacted to read:
  802         893.0356 Control of new substances; findings of fact;
  803  “controlled substance analog” defined.—
  804         (2)(a) As used in this section, “controlled substance
  805  analog” means a substance which, due to its chemical structure
  806  and potential for abuse, meets the following criteria:
  807         1. Is substantially similar to that of a controlled
  808  substance listed in Schedule I or Schedule II of s. 893.03; and
  809         2. Has a stimulant, depressant, or hallucinogenic effect on
  810  the central nervous system or is represented or intended to have
  811  a stimulant, depressant, or hallucinogenic effect on the central
  812  nervous system substantially similar to or greater than that of
  813  a controlled substance listed in Schedule I or Schedule II of s.
  814  893.03.
  815         (5) A controlled substance analog shall, for purposes of
  816  drug abuse prevention and control, be treated as a controlled
  817  substance in Schedule I of s. 893.03.
  818         Section 18. For the purpose of incorporating the amendment
  819  made by this act to section 893.03, Florida Statutes, in a
  820  reference thereto, subsection (1) of section 893.05, Florida
  821  Statutes, is reenacted to read:
  822         893.05 Practitioners and persons administering controlled
  823  substances in their absence.—
  824         (1) A practitioner, in good faith and in the course of his
  825  or her professional practice only, may prescribe, administer,
  826  dispense, mix, or otherwise prepare a controlled substance, or
  827  the practitioner may cause the same to be administered by a
  828  licensed nurse or an intern practitioner under his or her
  829  direction and supervision only. A veterinarian may so prescribe,
  830  administer, dispense, mix, or prepare a controlled substance for
  831  use on animals only, and may cause it to be administered by an
  832  assistant or orderly under the veterinarian’s direction and
  833  supervision only. A certified optometrist licensed under chapter
  834  463 may not administer or prescribe a controlled substance
  835  listed in Schedule I or Schedule II of s. 893.03.
  836         Section 19. For the purpose of incorporating the amendment
  837  made by this act to section 893.03, Florida Statutes, in a
  838  reference thereto, paragraphs (b), (c), and (d) of subsection
  839  (2) of section 893.12, Florida Statutes, are reenacted to read:
  840         893.12 Contraband; seizure, forfeiture, sale.—
  841         (2)
  842         (b) All real property, including any right, title,
  843  leasehold interest, and other interest in the whole of any lot
  844  or tract of land and any appurtenances or improvements, which
  845  real property is used, or intended to be used, in any manner or
  846  part, to commit or to facilitate the commission of, or which
  847  real property is acquired with proceeds obtained as a result of,
  848  a violation of any provision of this chapter related to a
  849  controlled substance described in s. 893.03(1) or (2) may be
  850  seized and forfeited as provided by the Florida Contraband
  851  Forfeiture Act except that no property shall be forfeited under
  852  this paragraph to the extent of an interest of an owner or
  853  lienholder by reason of any act or omission established by that
  854  owner or lienholder to have been committed or omitted without
  855  the knowledge or consent of that owner or lienholder.
  856         (c) All moneys, negotiable instruments, securities, and
  857  other things of value furnished or intended to be furnished by
  858  any person in exchange for a controlled substance described in
  859  s. 893.03(1) or (2) or a listed chemical in violation of any
  860  provision of this chapter, all proceeds traceable to such an
  861  exchange, and all moneys, negotiable instruments, and securities
  862  used or intended to be used to facilitate any violation of any
  863  provision of this chapter or which are acquired with proceeds
  864  obtained in violation of any provision of this chapter may be
  865  seized and forfeited as provided by the Florida Contraband
  866  Forfeiture Act, except that no property shall be forfeited under
  867  this paragraph to the extent of an interest of an owner or
  868  lienholder by reason of any act or omission established by that
  869  owner or lienholder to have been committed or omitted without
  870  the knowledge or consent of that owner or lienholder.
  871         (d) All books, records, and research, including formulas,
  872  microfilm, tapes, and data which are used, or intended for use,
  873  or which are acquired with proceeds obtained, in violation of
  874  any provision of this chapter related to a controlled substance
  875  described in s. 893.03(1) or (2) or a listed chemical may be
  876  seized and forfeited as provided by the Florida Contraband
  877  Forfeiture Act.
  878         Section 20. For the purpose of incorporating the amendment
  879  made by this act to section 893.03, Florida Statutes, in a
  880  reference thereto, paragraphs (a), (c), (d), (e), (f), and (h)
  881  of subsection (1), paragraph (a) of subsection (2), paragraph
  882  (b) of subsection (4), paragraph (b) of subsection (5), and
  883  paragraph (a) of subsection (7) of section 893.13, Florida
  884  Statutes, are reenacted to read:
  885         893.13 Prohibited acts; penalties.—
  886         (1)(a) Except as authorized by this chapter and chapter
  887  499, a person may not sell, manufacture, or deliver, or possess
  888  with intent to sell, manufacture, or deliver, a controlled
  889  substance. A person who violates this provision with respect to:
  890         1. A controlled substance named or described in s.
  891  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
  892  commits a felony of the second degree, punishable as provided in
  893  s. 775.082, s. 775.083, or s. 775.084.
  894         2. A controlled substance named or described in s.
  895  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  896  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  897  the third degree, punishable as provided in s. 775.082, s.
  898  775.083, or s. 775.084.
  899         3. A controlled substance named or described in s.
  900  893.03(5) commits a misdemeanor of the first degree, punishable
  901  as provided in s. 775.082 or s. 775.083.
  902         (c) Except as authorized by this chapter, a person may not
  903  sell, manufacture, or deliver, or possess with intent to sell,
  904  manufacture, or deliver, a controlled substance in, on, or
  905  within 1,000 feet of the real property comprising a child care
  906  facility as defined in s. 402.302 or a public or private
  907  elementary, middle, or secondary school between the hours of 6
  908  a.m. and 12 midnight, or at any time in, on, or within 1,000
  909  feet of real property comprising a state, county, or municipal
  910  park, a community center, or a publicly owned recreational
  911  facility. As used in this paragraph, the term “community center”
  912  means a facility operated by a nonprofit community-based
  913  organization for the provision of recreational, social, or
  914  educational services to the public. A person who violates this
  915  paragraph with respect to:
  916         1. A controlled substance named or described in s.
  917  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
  918  commits a felony of the first degree, punishable as provided in
  919  s. 775.082, s. 775.083, or s. 775.084. The defendant must be
  920  sentenced to a minimum term of imprisonment of 3 calendar years
  921  unless the offense was committed within 1,000 feet of the real
  922  property comprising a child care facility as defined in s.
  923  402.302.
  924         2. A controlled substance named or described in s.
  925  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  926  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  927  the second degree, punishable as provided in s. 775.082, s.
  928  775.083, or s. 775.084.
  929         3. Any other controlled substance, except as lawfully sold,
  930  manufactured, or delivered, must be sentenced to pay a $500 fine
  931  and to serve 100 hours of public service in addition to any
  932  other penalty prescribed by law.
  933  
  934  This paragraph does not apply to a child care facility unless
  935  the owner or operator of the facility posts a sign that is not
  936  less than 2 square feet in size with a word legend identifying
  937  the facility as a licensed child care facility and that is
  938  posted on the property of the child care facility in a
  939  conspicuous place where the sign is reasonably visible to the
  940  public.
  941         (d) Except as authorized by this chapter, a person may not
  942  sell, manufacture, or deliver, or possess with intent to sell,
  943  manufacture, or deliver, a controlled substance in, on, or
  944  within 1,000 feet of the real property comprising a public or
  945  private college, university, or other postsecondary educational
  946  institution. A person who violates this paragraph with respect
  947  to:
  948         1. A controlled substance named or described in s.
  949  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
  950  commits a felony of the first degree, punishable as provided in
  951  s. 775.082, s. 775.083, or s. 775.084.
  952         2. A controlled substance named or described in s.
  953  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  954  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  955  the second degree, punishable as provided in s. 775.082, s.
  956  775.083, or s. 775.084.
  957         3. Any other controlled substance, except as lawfully sold,
  958  manufactured, or delivered, must be sentenced to pay a $500 fine
  959  and to serve 100 hours of public service in addition to any
  960  other penalty prescribed by law.
  961         (e) Except as authorized by this chapter, a person may not
  962  sell, manufacture, or deliver, or possess with intent to sell,
  963  manufacture, or deliver, a controlled substance not authorized
  964  by law in, on, or within 1,000 feet of a physical place for
  965  worship at which a church or religious organization regularly
  966  conducts religious services or within 1,000 feet of a
  967  convenience business as defined in s. 812.171. A person who
  968  violates this paragraph with respect to:
  969         1. A controlled substance named or described in s.
  970  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
  971  commits a felony of the first degree, punishable as provided in
  972  s. 775.082, s. 775.083, or s. 775.084.
  973         2. A controlled substance named or described in s.
  974  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  975  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  976  the second degree, punishable as provided in s. 775.082, s.
  977  775.083, or s. 775.084.
  978         3. Any other controlled substance, except as lawfully sold,
  979  manufactured, or delivered, must be sentenced to pay a $500 fine
  980  and to serve 100 hours of public service in addition to any
  981  other penalty prescribed by law.
  982         (f) Except as authorized by this chapter, a person may not
  983  sell, manufacture, or deliver, or possess with intent to sell,
  984  manufacture, or deliver, a controlled substance in, on, or
  985  within 1,000 feet of the real property comprising a public
  986  housing facility at any time. As used in this section, the term
  987  “real property comprising a public housing facility” means real
  988  property, as defined in s. 421.03(12), of a public corporation
  989  created as a housing authority pursuant to part I of chapter
  990  421. A person who violates this paragraph with respect to:
  991         1. A controlled substance named or described in s.
  992  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
  993  commits a felony of the first degree, punishable as provided in
  994  s. 775.082, s. 775.083, or s. 775.084.
  995         2. A controlled substance named or described in s.
  996  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  997  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  998  the second degree, punishable as provided in s. 775.082, s.
  999  775.083, or s. 775.084.
 1000         3. Any other controlled substance, except as lawfully sold,
 1001  manufactured, or delivered, must be sentenced to pay a $500 fine
 1002  and to serve 100 hours of public service in addition to any
 1003  other penalty prescribed by law.
 1004         (h) Except as authorized by this chapter, a person may not
 1005  sell, manufacture, or deliver, or possess with intent to sell,
 1006  manufacture, or deliver, a controlled substance in, on, or
 1007  within 1,000 feet of the real property comprising an assisted
 1008  living facility, as that term is used in chapter 429. A person
 1009  who violates this paragraph with respect to:
 1010         1. A controlled substance named or described in s.
 1011  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
 1012  commits a felony of the first degree, punishable as provided in
 1013  s. 775.082, s. 775.083, or s. 775.084.
 1014         2. A controlled substance named or described in s.
 1015  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
 1016  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
 1017  the second degree, punishable as provided in s. 775.082, s.
 1018  775.083, or s. 775.084.
 1019         (2)(a) Except as authorized by this chapter and chapter
 1020  499, a person may not purchase, or possess with intent to
 1021  purchase, a controlled substance. A person who violates this
 1022  provision with respect to:
 1023         1. A controlled substance named or described in s.
 1024  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
 1025  commits a felony of the second degree, punishable as provided in
 1026  s. 775.082, s. 775.083, or s. 775.084.
 1027         2. A controlled substance named or described in s.
 1028  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
 1029  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
 1030  the third degree, punishable as provided in s. 775.082, s.
 1031  775.083, or s. 775.084.
 1032         3. A controlled substance named or described in s.
 1033  893.03(5) commits a misdemeanor of the first degree, punishable
 1034  as provided in s. 775.082 or s. 775.083.
 1035         (4) Except as authorized by this chapter, a person 18 years
 1036  of age or older may not deliver any controlled substance to a
 1037  person younger than 18 years of age, use or hire a person
 1038  younger than 18 years of age as an agent or employee in the sale
 1039  or delivery of such a substance, or use such person to assist in
 1040  avoiding detection or apprehension for a violation of this
 1041  chapter. A person who violates this provision with respect to:
 1042         (b) A controlled substance named or described in s.
 1043  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
 1044  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
 1045  the second degree, punishable as provided in s. 775.082, s.
 1046  775.083, or s. 775.084.
 1047  
 1048  Imposition of sentence may not be suspended or deferred, and the
 1049  person so convicted may not be placed on probation.
 1050         (5) A person may not bring into this state any controlled
 1051  substance unless the possession of such controlled substance is
 1052  authorized by this chapter or unless such person is licensed to
 1053  do so by the appropriate federal agency. A person who violates
 1054  this provision with respect to:
 1055         (b) A controlled substance named or described in s.
 1056  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
 1057  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
 1058  the third degree, punishable as provided in s. 775.082, s.
 1059  775.083, or s. 775.084.
 1060         (7)(a) A person may not:
 1061         1. Distribute or dispense a controlled substance in
 1062  violation of this chapter.
 1063         2. Refuse or fail to make, keep, or furnish any record,
 1064  notification, order form, statement, invoice, or information
 1065  required under this chapter.
 1066         3. Refuse entry into any premises for any inspection or
 1067  refuse to allow any inspection authorized by this chapter.
 1068         4. Distribute a controlled substance named or described in
 1069  s. 893.03(1) or (2) except pursuant to an order form as required
 1070  by s. 893.06.
 1071         5. Keep or maintain any store, shop, warehouse, dwelling,
 1072  building, vehicle, boat, aircraft, or other structure or place
 1073  which is resorted to by persons using controlled substances in
 1074  violation of this chapter for the purpose of using these
 1075  substances, or which is used for keeping or selling them in
 1076  violation of this chapter.
 1077         6. Use to his or her own personal advantage, or reveal, any
 1078  information obtained in enforcement of this chapter except in a
 1079  prosecution or administrative hearing for a violation of this
 1080  chapter.
 1081         7. Possess a prescription form unless it has been signed by
 1082  the practitioner whose name appears printed thereon and
 1083  completed. This subparagraph does not apply if the person in
 1084  possession of the form is the practitioner whose name appears
 1085  printed thereon, an agent or employee of that practitioner, a
 1086  pharmacist, or a supplier of prescription forms who is
 1087  authorized by that practitioner to possess those forms.
 1088         8. Withhold information from a practitioner from whom the
 1089  person seeks to obtain a controlled substance or a prescription
 1090  for a controlled substance that the person making the request
 1091  has received a controlled substance or a prescription for a
 1092  controlled substance of like therapeutic use from another
 1093  practitioner within the previous 30 days.
 1094         9. Acquire or obtain, or attempt to acquire or obtain,
 1095  possession of a controlled substance by misrepresentation,
 1096  fraud, forgery, deception, or subterfuge.
 1097         10. Affix any false or forged label to a package or
 1098  receptacle containing a controlled substance.
 1099         11. Furnish false or fraudulent material information in, or
 1100  omit any material information from, any report or other document
 1101  required to be kept or filed under this chapter or any record
 1102  required to be kept by this chapter.
 1103         12. Store anhydrous ammonia in a container that is not
 1104  approved by the United States Department of Transportation to
 1105  hold anhydrous ammonia or is not constructed in accordance with
 1106  sound engineering, agricultural, or commercial practices.
 1107         13. With the intent to obtain a controlled substance or
 1108  combination of controlled substances that are not medically
 1109  necessary for the person or an amount of a controlled substance
 1110  or substances that is not medically necessary for the person,
 1111  obtain or attempt to obtain from a practitioner a controlled
 1112  substance or a prescription for a controlled substance by
 1113  misrepresentation, fraud, forgery, deception, subterfuge, or
 1114  concealment of a material fact. For purposes of this
 1115  subparagraph, a material fact includes whether the person has an
 1116  existing prescription for a controlled substance issued for the
 1117  same period of time by another practitioner or as described in
 1118  subparagraph 8.
 1119         Section 21. For the purpose of incorporating the amendment
 1120  made by this act to section 893.03, Florida Statutes, in a
 1121  reference thereto, paragraphs (b), (c), and (e) of subsection
 1122  (3) of section 921.0022, Florida Statutes, are reenacted to
 1123  read:
 1124         921.0022 Criminal Punishment Code; offense severity ranking
 1125  chart.—
 1126         (3) OFFENSE SEVERITY RANKING CHART
 1127         (b) LEVEL 2
 1128  
 1129  
 1130  FloridaStatute    FelonyDegree           Description            
 1131  379.2431 (1)(e)3.    3rd   Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
 1132  379.2431 (1)(e)4.    3rd   Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
 1133  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.
 1134  517.07(2)            3rd   Failure to furnish a prospectus meeting requirements.
 1135  590.28(1)            3rd   Intentional burning of lands.     
 1136  784.05(3)            3rd   Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
 1137  787.04(1)            3rd   In violation of court order, take, entice, etc., minor beyond state limits.
 1138  806.13(1)(b)3.       3rd   Criminal mischief; damage $1,000 or more to public communication or any other public service.
 1139  810.061(2)           3rd   Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
 1140  810.09(2)(e)         3rd   Trespassing on posted commercial horticulture property.
 1141  812.014(2)(c)1.      3rd   Grand theft, 3rd degree; $300 or more but less than $5,000.
 1142  812.014(2)(d)        3rd   Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.
 1143  812.015(7)           3rd   Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
 1144  817.234(1)(a)2.      3rd   False statement in support of insurance claim.
 1145  817.481(3)(a)        3rd   Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
 1146  817.52(3)            3rd   Failure to redeliver hired vehicle.
 1147  817.54               3rd   With intent to defraud, obtain mortgage note, etc., by false representation.
 1148  817.60(5)            3rd   Dealing in credit cards of another.
 1149  817.60(6)(a)         3rd   Forgery; purchase goods, services with false card.
 1150  817.61               3rd   Fraudulent use of credit cards over $100 or more within 6 months.
 1151  826.04               3rd   Knowingly marries or has sexual intercourse with person to whom related.
 1152  831.01               3rd   Forgery.                          
 1153  831.02               3rd   Uttering forged instrument; utters or publishes alteration with intent to defraud.
 1154  831.07               3rd   Forging bank bills, checks, drafts, or promissory notes.
 1155  831.08               3rd   Possessing 10 or more forged notes, bills, checks, or drafts.
 1156  831.09               3rd   Uttering forged notes, bills, checks, drafts, or promissory notes.
 1157  831.11               3rd   Bringing into the state forged bank bills, checks, drafts, or notes.
 1158  832.05(3)(a)         3rd   Cashing or depositing item with intent to defraud.
 1159  843.08               3rd   False personation.                
 1160  893.13(2)(a)2.       3rd   Purchase of any s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs other than cannabis.
 1161  893.147(2)           3rd   Manufacture or delivery of drug paraphernalia.
 1162         (c) LEVEL 3
 1163  
 1164  
 1165  FloridaStatute    FelonyDegree           Description            
 1166  119.10(2)(b)         3rd   Unlawful use of confidential information from police reports.
 1167  316.066 (3)(b)-(d)   3rd   Unlawfully obtaining or using confidential crash reports.
 1168  316.193(2)(b)        3rd   Felony DUI, 3rd conviction.       
 1169  316.1935(2)          3rd   Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
 1170  319.30(4)            3rd   Possession by junkyard of motor vehicle with identification number plate removed.
 1171  319.33(1)(a)         3rd   Alter or forge any certificate of title to a motor vehicle or mobile home.
 1172  319.33(1)(c)         3rd   Procure or pass title on stolen vehicle.
 1173  319.33(4)            3rd   With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
 1174  327.35(2)(b)         3rd   Felony BUI.                       
 1175  328.05(2)            3rd   Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
 1176  328.07(4)            3rd   Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
 1177  376.302(5)           3rd   Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
 1178  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.
 1179  379.2431 (1)(e)6.    3rd   Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
 1180  400.9935(4)(a) or (b)   3rd   Operating a clinic, or offering services requiring licensure, without a license.
 1181  400.9935(4)(e)       3rd   Filing a false license application or other required information or failing to report information.
 1182  440.1051(3)          3rd   False report of workers’ compensation fraud or retaliation for making such a report.
 1183  501.001(2)(b)        2nd   Tampers with a consumer product or the container using materially false/misleading information.
 1184  624.401(4)(a)        3rd   Transacting insurance without a certificate of authority.
 1185  624.401(4)(b)1.      3rd   Transacting insurance without a certificate of authority; premium collected less than $20,000.
 1186  626.902(1)(a) & (b)   3rd   Representing an unauthorized insurer.
 1187  697.08               3rd   Equity skimming.                  
 1188  790.15(3)            3rd   Person directs another to discharge firearm from a vehicle.
 1189  806.10(1)            3rd   Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
 1190  806.10(2)            3rd   Interferes with or assaults firefighter in performance of duty.
 1191  810.09(2)(c)         3rd   Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
 1192  812.014(2)(c)2.      3rd   Grand theft; $5,000 or more but less than $10,000.
 1193  812.0145(2)(c)       3rd   Theft from person 65 years of age or older; $300 or more but less than $10,000.
 1194  815.04(5)(b)         2nd   Computer offense devised to defraud or obtain property.
 1195  817.034(4)(a)3.      3rd   Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
 1196  817.233              3rd   Burning to defraud insurer.       
 1197  817.234 (8)(b) & (c)   3rd   Unlawful solicitation of persons involved in motor vehicle accidents.
 1198  817.234(11)(a)       3rd   Insurance fraud; property value less than $20,000.
 1199  817.236              3rd   Filing a false motor vehicle insurance application.
 1200  817.2361             3rd   Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
 1201  817.413(2)           3rd   Sale of used goods as new.        
 1202  817.505(4)           3rd   Patient brokering.                
 1203  828.12(2)            3rd   Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
 1204  831.28(2)(a)         3rd   Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
 1205  831.29               2nd   Possession of instruments for counterfeiting driver licenses or identification cards.
 1206  838.021(3)(b)        3rd   Threatens unlawful harm to public servant.
 1207  843.19               3rd   Injure, disable, or kill police dog or horse.
 1208  860.15(3)            3rd   Overcharging for repairs and parts.
 1209  870.01(2)            3rd   Riot; inciting or encouraging.    
 1210  893.13(1)(a)2.       3rd   Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
 1211  893.13(1)(d)2.       2nd   Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of university.
 1212  893.13(1)(f)2.       2nd   Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of public housing facility.
 1213  893.13(6)(a)         3rd   Possession of any controlled substance other than felony possession of cannabis.
 1214  893.13(7)(a)8.       3rd   Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
 1215  893.13(7)(a)9.       3rd   Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
 1216  893.13(7)(a)10.      3rd   Affix false or forged label to package of controlled substance.
 1217  893.13(7)(a)11.      3rd   Furnish false or fraudulent material information on any document or record required by chapter 893.
 1218  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.
 1219  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.
 1220  893.13(8)(a)3.       3rd   Knowingly write a prescription for a controlled substance for a fictitious person.
 1221  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.
 1222  918.13(1)(a)         3rd   Alter, destroy, or conceal investigation evidence.
 1223  944.47 (1)(a)1. & 2.   3rd   Introduce contraband to correctional facility.
 1224  944.47(1)(c)         2nd   Possess contraband while upon the grounds of a correctional institution.
 1225  985.721              3rd   Escapes from a juvenile facility (secure detention or residential commitment facility).
 1226         (e) LEVEL 5
 1227  
 1228  
 1229  FloridaStatute    FelonyDegree           Description            
 1230  316.027(2)(a)        3rd   Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
 1231  316.1935(4)(a)       2nd   Aggravated fleeing or eluding.    
 1232  322.34(6)            3rd   Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
 1233  327.30(5)            3rd   Vessel accidents involving personal injury; leaving scene.
 1234  379.367(4)           3rd   Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
 1235  379.3671 (2)(c)3.    3rd   Willful molestation, possession, or removal of a commercial harvester’s trap contents or trap gear by another harvester.
 1236  381.0041(11)(b)      3rd   Donate blood, plasma, or organs knowing HIV positive.
 1237  440.10(1)(g)         2nd   Failure to obtain workers’ compensation coverage.
 1238  440.105(5)           2nd   Unlawful solicitation for the purpose of making workers’ compensation claims.
 1239  440.381(2)           2nd   Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
 1240  624.401(4)(b)2.      2nd   Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
 1241  626.902(1)(c)        2nd   Representing an unauthorized insurer; repeat offender.
 1242  790.01(2)            3rd   Carrying a concealed firearm.     
 1243  790.162              2nd   Threat to throw or discharge destructive device.
 1244  790.163(1)           2nd   False report of deadly explosive or weapon of mass destruction.
 1245  790.221(1)           2nd   Possession of short-barreled shotgun or machine gun.
 1246  790.23               2nd   Felons in possession of firearms, ammunition, or electronic weapons or devices.
 1247  796.05(1)            2nd   Live on earnings of a prostitute; 1st offense.
 1248  800.04(6)(c)         3rd   Lewd or lascivious conduct; offender less than 18 years of age.
 1249  800.04(7)(b)         2nd   Lewd or lascivious exhibition; offender 18 years of age or older.
 1250  806.111(1)           3rd   Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
 1251  812.0145(2)(b)       2nd   Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
 1252  812.015(8)           3rd   Retail theft; property stolen is valued at $300 or more and one or more specified acts.
 1253  812.019(1)           2nd   Stolen property; dealing in or trafficking in.
 1254  812.131(2)(b)        3rd   Robbery by sudden snatching.      
 1255  812.16(2)            3rd   Owning, operating, or conducting a chop shop.
 1256  817.034(4)(a)2.      2nd   Communications fraud, value $20,000 to $50,000.
 1257  817.234(11)(b)       2nd   Insurance fraud; property value $20,000 or more but less than $100,000.
 1258  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.
 1259  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 persons.
 1260  817.625(2)(b)        2nd   Second or subsequent fraudulent use of scanning device or reencoder.
 1261  825.1025(4)          3rd   Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
 1262  827.071(4)           2nd   Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
 1263  827.071(5)           3rd   Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
 1264  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.
 1265  843.01               3rd   Resist officer with violence to person; resist arrest with violence.
 1266  847.0135(5)(b)       2nd   Lewd or lascivious exhibition using computer; offender 18 years or older.
 1267  847.0137 (2) & (3)   3rd   Transmission of pornography by electronic device or equipment.
 1268  847.0138 (2) & (3)   3rd   Transmission of material harmful to minors to a minor by electronic device or equipment.
 1269  874.05(1)(b)         2nd   Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
 1270  874.05(2)(a)         2nd   Encouraging or recruiting person under 13 years of age to join a criminal gang.
 1271  893.13(1)(a)1.       2nd   Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
 1272  893.13(1)(c)2.       2nd   Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
 1273  893.13(1)(d)1.       1st   Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university.
 1274  893.13(1)(e)2.       2nd   Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
 1275  893.13(1)(f)1.       1st   Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of public housing facility.
 1276  893.13(4)(b)         2nd   Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
 1277  893.1351(1)          3rd   Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
 1278         Section 22. This act shall take effect October 1, 2016.