Florida Senate - 2018                                    SB 1602
       
       
        
       By Senator Bracy
       
       
       
       
       
       11-01648-18                                           20181602__
    1                        A bill to be entitled                      
    2         An act relating to cannabis; creating s. 893.131,
    3         F.S.; defining terms; providing that possession of a
    4         personal use quantity of cannabis or a cannabis
    5         accessory by an adult is a civil violation punishable
    6         by a civil penalty or community service, or, if the
    7         offender is under 18 years of age, community service
    8         or completion of a drug awareness program; prohibiting
    9         arrests for such violations in the absence of grounds
   10         related to a separate offense; providing an exception;
   11         limiting collateral use of such violations;
   12         prohibiting state or local penalties or obligations
   13         other than specified penalties or obligations
   14         concerning possession of personal use quantities of
   15         cannabis or cannabis accessories; prohibiting
   16         additional state or local penalties or obligations for
   17         having cannabinoids or cannabinoid metabolites in
   18         tissue or fluid of the body; providing applicability;
   19         specifying that political subdivisions may enact
   20         ordinances concerning public consumption of cannabis;
   21         specifying that certain violations may not be
   22         considered probation or parole violations; providing
   23         for recordkeeping; authorizing the court to require
   24         completion of a drug awareness program under certain
   25         circumstances; authorizing the drug awareness program
   26         to charge a fee; requiring waiver of the fee for
   27         financial hardship; providing civil penalties for
   28         noncompliance; providing for the distribution of
   29         revenue from the civil penalties; amending ss. 893.13,
   30         893.145, and 938.23, F.S.; conforming provisions to
   31         changes made by the act; reenacting ss.
   32         112.0455(8)(s), 397.4073(4)(b), 435.07(2), 772.12(2),
   33         775.084(1)(a), 810.02(3)(f), 812.014(2)(c),
   34         831.311(1), 893.1351(1) and (2), 893.138(3), 893.15,
   35         903.133, and 921.187(1)(l), F.S., relating to the
   36         Drug-Free Workplace Act, background checks of service
   37         provider personnel, exemptions from disqualification,
   38         the Drug Dealer Liability Act, violent career
   39         criminals, habitual felony offenders, habitual violent
   40         felony offenders, three-time violent felony offenders,
   41         definitions, procedure, and enhanced penalties or
   42         mandatory minimum prison terms, burglary, theft,
   43         unlawful sale, manufacture, alteration, delivery,
   44         uttering, or possession of counterfeit-resistant
   45         prescription blanks for controlled substances,
   46         ownership, lease, rental, or possession for
   47         trafficking in or manufacturing a controlled
   48         substance, local administrative action to abate drug
   49         related, prostitution-related, or stolen-property
   50         related public nuisances and criminal gang activity,
   51         rehabilitation, bail on appeal prohibited for certain
   52         felony convictions, and disposition, sentencing,
   53         alternatives, and restitution, respectively, to
   54         incorporate the amendment made by the act to s.
   55         893.13, F.S., in references thereto; reenacting ss.
   56         893.12(2)(a) and 893.147(6)(a), F.S., relating to
   57         contraband seizure, forfeiture, and sale, and use,
   58         possession, manufacture, delivery, transportation,
   59         advertisement, or retail sale of drug paraphernalia,
   60         respectively, to incorporate the amendment made by the
   61         act to s. 893.145, F.S., in references thereto;
   62         providing an effective date.
   63          
   64  Be It Enacted by the Legislature of the State of Florida:
   65  
   66         Section 1. Section 893.131, Florida Statutes, is created to
   67  read:
   68         893.131Personal use quantity of cannabis.—
   69         (1)DEFINITIONS.—As used in this section, the term:
   70         (a)“Cannabis accessory” means paraphernalia for the
   71  ingestion, use, inhalation, preparation for personal use, or
   72  storage of a personal use quantity of cannabis.
   73         (b)“Personal use quantity of cannabis” means 20 grams or
   74  less of cannabis, except that:
   75         1.No more than 5 grams of the cannabis may be resin
   76  extracted from or concentrates derived from cannabis.
   77         2.The term does not include cannabis that is growing.
   78         3.The term does not include the estimated weight of any
   79  noncannabis ingredients combined with cannabis, such as
   80  ingredients added to prepare food or drink.
   81         (2)PERSONAL POSSESSION.—
   82         (a)1.A person 18 years of age or older who knowingly and
   83  unlawfully possesses a personal use quantity of cannabis or a
   84  cannabis accessory commits a civil violation and, except as
   85  provided in subparagraph 2., shall be assessed a civil penalty
   86  of not more than $100.
   87         2.A person 18 years of age or older who commits a civil
   88  violation under subparagraph 1. may request a penalty of up to
   89  15 hours of community service in lieu of the civil penalty in
   90  subparagraph 1.
   91         (b)A person under the age of 18 who knowingly and
   92  unlawfully possesses a personal use quantity of cannabis or a
   93  cannabis accessory commits a civil violation and shall be
   94  ordered to complete up to 15 hours of community service or a
   95  drug awareness program, or both. The offender’s parent or legal
   96  guardian shall be notified of the violation pursuant to
   97  paragraph (5)(b) and provided information regarding available
   98  drug awareness programs. Within 1 year after the court orders
   99  such an offender to complete such service or program, or both,
  100  the offender or his or her parent or legal guardian shall file
  101  with the clerk of the court evidence of such completion.
  102         (c)Except as provided in this section, a person is not
  103  subject to arrest for a violation of this section. A person
  104  cited for a violation of this section shall be released on
  105  notice to appear if the law enforcement officer does not have
  106  lawful grounds to arrest such person for a different offense.
  107         (d)A determination of a civil violation under this section
  108  is not considered a drug offense under state law or as defined
  109  in 23 C.F.R. s. 192.3 and may not affect a person’s driving
  110  privileges.
  111         (e)A person who fails or refuses to produce his or her
  112  identification card or driver license issued by the state, or
  113  another form of identification issued by any state, district,
  114  county, municipality, school district, college, or university,
  115  upon request by a law enforcement officer who informs the person
  116  that he or she has been found to be in possession of what
  117  appears to the officer to be a personal use quantity of cannabis
  118  or a cannabis accessory may be arrested for a violation of this
  119  section if the person fails or refuses to truthfully provide his
  120  or her name, address, and date of birth to the law enforcement
  121  officer.
  122         (f)Except as provided in this section, the state or any of
  123  its political subdivisions may not impose any penalty or
  124  obligation other than those specified in this section on a
  125  person for possessing a personal use quantity of cannabis or a
  126  cannabis accessory. The state or any of its political
  127  subdivisions may not impose any penalty or obligation exceeding
  128  those outlined in this section on a person solely for having
  129  cannabinoids or cannabinoid metabolites in his or her urine,
  130  blood, sweat, hair, fingernails, toenails, or other tissue or
  131  fluid of the human body.
  132         (g)Possession of a personal use quantity of cannabis or a
  133  cannabis accessory, or the presence of cannabinoids or
  134  cannabinoid metabolites in the urine, blood, sweat, hair,
  135  fingernails, toenails, or other tissue or fluid of the human
  136  body, or a conviction, citation, admission, or plea bargain
  137  thereof, does not constitute grounds for denying a person
  138  student financial aid, public housing, or any other form of
  139  public financial assistance, including unemployment benefits;
  140  denying a person the right to operate a motor vehicle; or
  141  disqualifying a person from serving as a foster parent or an
  142  adoptive parent.
  143         (h)This section does not repeal or modify any law
  144  concerning the medical use of cannabis or tetrahydrocannabinol
  145  in any other form, such as dronabinol; the possession of more
  146  than a personal use quantity of cannabis; or the sale,
  147  manufacture, or trafficking of cannabis.
  148         (i)This section does not prohibit a political subdivision
  149  of the state from enacting ordinances regulating or prohibiting
  150  the public consumption of cannabis or tetrahydrocannabinol or
  151  providing additional penalties for the public consumption of
  152  cannabis or tetrahydrocannabinol if such penalties are not
  153  greater than those relating to the public consumption of
  154  alcohol.
  155         (j)A violation of this section may not be considered a
  156  violation of parole or probation.
  157         (3)RECORDKEEPING.—
  158         (a)Except as otherwise provided in this subsection, a
  159  record of a violation of this section may not be recorded in any
  160  criminal offender database.
  161         (b)A state, county, or municipal law enforcement agency
  162  that collects and reports data for the Federal Bureau of
  163  Investigation’s Uniform Crime Reporting Program shall collect
  164  data on the number of violations of this section and report such
  165  data to the Department of Law Enforcement. Such law enforcement
  166  agency shall update the data annually and make the data
  167  available on its public Internet website. The Department of Law
  168  Enforcement shall compile the data collected pursuant to this
  169  paragraph and make it available at no cost to the public.
  170         (4)DRUG AWARENESS PROGRAMS.—
  171         (a)The court may require an offender under the age of 18
  172  years to complete a drug awareness program within 1 year after
  173  his or her parent or legal guardian is notified of the violation
  174  pursuant to paragraph (2)(b).
  175         (b)The drug awareness program may charge a fee of up to
  176  $75 to offset any program costs. The fee must be waived based
  177  upon financial hardship to the offender. All fees are payable by
  178  the offender upon entry into the program.
  179         (5)NOTICE OF VIOLATIONS.—
  180         (a)A state, county, or municipal law enforcement agency
  181  shall issue noncriminal citation forms to its officers which
  182  conform with this section.
  183         (b)The notice required in paragraph (2)(b) shall be mailed
  184  or hand delivered to at least one of the offender’s parents or
  185  legal guardians at his or her last known address. If the
  186  offender or his or her parent or legal guardian fails to meet
  187  the requirements of paragraph (2)(b), the clerk shall notify the
  188  offender, the offender’s parent or legal guardian, and the
  189  person who issued the original citation notice of a hearing to
  190  impose a civil penalty of up to $150 or community service of up
  191  to 40 hours on the offender for such noncompliance. During such
  192  hearing, the court is limited to considering the offender’s
  193  financial capacity to pay the penalty, the offender’s ability to
  194  participate in a drug awareness program, the availability of a
  195  suitable drug awareness program, and the offender’s willingness
  196  to complete such a program within a timeframe determined by the
  197  court.
  198         (6)DISTRIBUTION OF REVENUE.—Notwithstanding any other law,
  199  civil penalties levied under this section shall be distributed
  200  as follows:
  201         (a)Fifty percent shall be distributed to or retained by
  202  the municipality where the violation occurred or, if the
  203  violation occurred in an unincorporated area, the county where
  204  it occurred.
  205         (b)Fifty percent shall be distributed in the same manner
  206  as provided in s. 938.23(2).
  207         Section 2. Subsection (3) and paragraphs (b) and (e) of
  208  subsection (6) of section 893.13, Florida Statutes, are amended
  209  to read:
  210         893.13 Prohibited acts; penalties.—
  211         (3) A person who delivers, without consideration, a
  212  personal use quantity of cannabis, as defined in s. 893.131, 20
  213  grams or less of cannabis, as defined in this chapter, commits a
  214  misdemeanor of the first degree, punishable as provided in s.
  215  775.082 or s. 775.083. As used in this subsection, the term
  216  “cannabis” does not include the resin extracted from the plants
  217  of the genus Cannabis or any compound manufacture, salt,
  218  derivative, mixture, or preparation of such resin.
  219         (6)
  220         (b) If the offense is the possession of 20 grams or less of
  221  cannabis, as defined in this chapter, and the possession is not
  222  a personal use quantity of cannabis, as defined in s. 893.131,
  223  the person commits a misdemeanor of the first degree, punishable
  224  as provided in s. 775.082 or s. 775.083. As used in this
  225  subsection, the term “cannabis” does not include the resin
  226  extracted from the plants of the genus Cannabis, or any compound
  227  manufacture, salt, derivative, mixture, or preparation of such
  228  resin.
  229         (e) Notwithstanding any provision to the contrary of the
  230  laws of this state relating to arrest, and except as provided in
  231  s. 893.131, a law enforcement officer may arrest without warrant
  232  any person who the officer has probable cause to believe is
  233  violating the provisions of this chapter relating to possession
  234  of cannabis.
  235         Section 3. Section 893.145, Florida Statutes, is amended to
  236  read:
  237         893.145 “Drug paraphernalia” defined.—The term “drug
  238  paraphernalia” means all equipment, products, and materials of
  239  any kind which are used, intended for use, or designed for use
  240  in planting, propagating, cultivating, growing, harvesting,
  241  manufacturing, compounding, converting, producing, processing,
  242  preparing, testing, analyzing, packaging, repackaging, storing,
  243  containing, concealing, transporting, injecting, ingesting,
  244  inhaling, or otherwise introducing into the human body a
  245  controlled substance in violation of this chapter or s. 877.111.
  246  Drug paraphernalia is deemed to be contraband which shall be
  247  subject to civil forfeiture. The term does not include a
  248  cannabis accessory, as defined in s. 893.131. The term includes,
  249  but is not limited to:
  250         (1) Kits used, intended for use, or designed for use in the
  251  planting, propagating, cultivating, growing, or harvesting of
  252  any species of plant which is a controlled substance or from
  253  which a controlled substance can be derived.
  254         (2) Kits used, intended for use, or designed for use in
  255  manufacturing, compounding, converting, producing, processing,
  256  or preparing controlled substances.
  257         (3) Isomerization devices used, intended for use, or
  258  designed for use in increasing the potency of any species of
  259  plant which is a controlled substance.
  260         (4) Testing equipment used, intended for use, or designed
  261  for use in identifying, or in analyzing the strength,
  262  effectiveness, or purity of, controlled substances.
  263         (5) Scales and balances used, intended for use, or designed
  264  for use in weighing or measuring controlled substances.
  265         (6) Diluents and adulterants, such as quinine
  266  hydrochloride, caffeine, dimethyl sulfone, mannitol, mannite,
  267  dextrose, and lactose, used, intended for use, or designed for
  268  use in diluting controlled substances; or substances such as
  269  damiana leaf, marshmallow leaf, and mullein leaf, used, intended
  270  for use, or designed for use as carrier mediums of controlled
  271  substances.
  272         (7) Separation gins and sifters used, intended for use, or
  273  designed for use in removing twigs and seeds from, or in
  274  otherwise cleaning or refining, cannabis.
  275         (8) Blenders, bowls, containers, spoons, and mixing devices
  276  used, intended for use, or designed for use in compounding
  277  controlled substances.
  278         (9) Capsules, balloons, envelopes, and other containers
  279  used, intended for use, or designed for use in packaging small
  280  quantities of controlled substances.
  281         (10) Containers and other objects used, intended for use,
  282  or designed for use in storing, concealing, or transporting
  283  controlled substances.
  284         (11) Hypodermic syringes, needles, and other objects used,
  285  intended for use, or designed for use in parenterally injecting
  286  controlled substances into the human body.
  287         (12) Objects used, intended for use, or designed for use in
  288  ingesting, inhaling, or otherwise introducing controlled
  289  substances, as described in s. 893.03, or substances described
  290  in s. 877.111(1) into the human body, such as:
  291         (a) Metal, wooden, acrylic, glass, stone, plastic, or
  292  ceramic pipes, with or without screens, permanent screens,
  293  hashish heads, or punctured metal bowls.
  294         (b) Water pipes.
  295         (c) Carburetion tubes and devices.
  296         (d) Smoking and carburetion masks.
  297         (e) Roach clips: meaning objects used to hold burning
  298  material, such as a cannabis cigarette, that has become too
  299  small or too short to be held in the hand.
  300         (f) Miniature cocaine spoons, and cocaine vials.
  301         (g) Chamber pipes.
  302         (h) Carburetor pipes.
  303         (i) Electric pipes.
  304         (j) Air-driven pipes.
  305         (k) Chillums.
  306         (l) Bongs.
  307         (m) Ice pipes or chillers.
  308         (n) A cartridge or canister, which means a small metal
  309  device used to contain nitrous oxide.
  310         (o) A charger, sometimes referred to as a “cracker,” which
  311  means a small metal or plastic device that contains an interior
  312  pin that may be used to expel nitrous oxide from a cartridge or
  313  container.
  314         (p) A charging bottle, which means a device that may be
  315  used to expel nitrous oxide from a cartridge or canister.
  316         (q) A whip-it, which means a device that may be used to
  317  expel nitrous oxide.
  318         (r) A tank.
  319         (s) A balloon.
  320         (t) A hose or tube.
  321         (u) A 2-liter-type soda bottle.
  322         (v) Duct tape.
  323         Section 4. Subsection (2) of section 938.23, Florida
  324  Statutes, is amended to read:
  325         938.23 Assistance grants for alcohol and other drug abuse
  326  programs.—
  327         (2) All assessments authorized by this section and proceeds
  328  of civil penalties levied under s. 893.131 shall be collected by
  329  the clerk of court and remitted to the jurisdictional county as
  330  described in s. 893.165(2) for deposit into the County Alcohol
  331  and Other Drug Abuse Trust Fund or remitted to the Department of
  332  Revenue for deposit into the Grants and Donations Trust Fund of
  333  the Department of Children and Families pursuant to guidelines
  334  and priorities developed by the department. If a County Alcohol
  335  and Other Drug Abuse Trust Fund has not been established for any
  336  jurisdictional county, assessments collected by the clerk of
  337  court shall be remitted to the Department of Revenue for deposit
  338  into the Grants and Donations Trust Fund of the Department of
  339  Children and Families.
  340         Section 5. For the purpose of incorporating the amendment
  341  made by this act to section 893.13, Florida Statutes, in a
  342  reference thereto, paragraph (s) of subsection (8) of section
  343  112.0455, Florida Statutes, is reenacted to read:
  344         112.0455 Drug-Free Workplace Act.—
  345         (8) PROCEDURES AND EMPLOYEE PROTECTION.—All specimen
  346  collection and testing for drugs under this section shall be
  347  performed in accordance with the following procedures:
  348         (s) An employer may not discharge, discipline, or
  349  discriminate against an employee solely upon voluntarily seeking
  350  treatment, while under the employ of the employer, for a drug
  351  related problem if the employee has not previously tested
  352  positive for drug use, entered an employee assistance program
  353  for drug-related problems, or entered an alcohol and drug
  354  rehabilitation program. However, special risk employees may be
  355  subject to discharge or disciplinary action when the presence of
  356  illicit drugs, pursuant to s. 893.13, is confirmed.
  357         Section 6. For the purpose of incorporating the amendment
  358  made by this act to section 893.13, Florida Statutes, in a
  359  reference thereto, paragraph (b) of subsection (4) of section
  360  397.4073, Florida Statutes, is reenacted to read:
  361         397.4073 Background checks of service provider personnel.—
  362         (4) EXEMPTIONS FROM DISQUALIFICATION.—
  363         (b) Since rehabilitated substance abuse impaired persons
  364  are effective in the successful treatment and rehabilitation of
  365  individuals with substance use disorders, for service providers
  366  which treat adolescents 13 years of age and older, service
  367  provider personnel whose background checks indicate crimes under
  368  s. 817.563, s. 893.13, or s. 893.147 may be exempted from
  369  disqualification from employment pursuant to this paragraph.
  370         Section 7. For the purpose of incorporating the amendment
  371  made by this act to section 893.13, Florida Statutes, in a
  372  reference thereto, subsection (2) of section 435.07, Florida
  373  Statutes, is reenacted to read:
  374         435.07 Exemptions from disqualification.—Unless otherwise
  375  provided by law, the provisions of this section apply to
  376  exemptions from disqualification for disqualifying offenses
  377  revealed pursuant to background screenings required under this
  378  chapter, regardless of whether those disqualifying offenses are
  379  listed in this chapter or other laws.
  380         (2) Persons employed, or applicants for employment, by
  381  treatment providers who treat adolescents 13 years of age and
  382  older who are disqualified from employment solely because of
  383  crimes under s. 817.563, s. 893.13, or s. 893.147 may be
  384  exempted from disqualification from employment pursuant to this
  385  chapter without application of the waiting period in
  386  subparagraph (1)(a)1.
  387         Section 8. For the purpose of incorporating the amendment
  388  made by this act to section 893.13, Florida Statutes, in a
  389  reference thereto, subsection (2) of section 772.12, Florida
  390  Statutes, is reenacted to read:
  391         772.12 Drug Dealer Liability Act.—
  392         (2) A person, including any governmental entity, has a
  393  cause of action for threefold the actual damages sustained and
  394  is entitled to minimum damages in the amount of $1,000 and
  395  reasonable attorney’s fees and court costs in the trial and
  396  appellate courts, if the person proves by the greater weight of
  397  the evidence that:
  398         (a) The person was injured because of the defendant’s
  399  actions that resulted in the defendant’s conviction for:
  400         1. A violation of s. 893.13, except for a violation of s.
  401  893.13(2)(a) or (b), (3), (5), (6)(a), (b), or (c), (7); or
  402         2. A violation of s. 893.135; and
  403         (b) The person was not injured by reason of his or her
  404  participation in the same act or transaction that resulted in
  405  the defendant’s conviction for any offense described in
  406  subparagraph (a)1.
  407         Section 9. For the purpose of incorporating the amendment
  408  made by this act to section 893.13, Florida Statutes, in a
  409  reference thereto, paragraph (a) of subsection (1) of section
  410  775.084, Florida Statutes, is reenacted to read:
  411         775.084 Violent career criminals; habitual felony offenders
  412  and habitual violent felony offenders; three-time violent felony
  413  offenders; definitions; procedure; enhanced penalties or
  414  mandatory minimum prison terms.—
  415         (1) As used in this act:
  416         (a) “Habitual felony offender” means a defendant for whom
  417  the court may impose an extended term of imprisonment, as
  418  provided in paragraph (4)(a), if it finds that:
  419         1. The defendant has previously been convicted of any
  420  combination of two or more felonies in this state or other
  421  qualified offenses.
  422         2. The felony for which the defendant is to be sentenced
  423  was committed:
  424         a. While the defendant was serving a prison sentence or
  425  other sentence, or court-ordered or lawfully imposed supervision
  426  that is imposed as a result of a prior conviction for a felony
  427  or other qualified offense; or
  428         b. Within 5 years of the date of the conviction of the
  429  defendant’s last prior felony or other qualified offense, or
  430  within 5 years of the defendant’s release from a prison
  431  sentence, probation, community control, control release,
  432  conditional release, parole or court-ordered or lawfully imposed
  433  supervision or other sentence that is imposed as a result of a
  434  prior conviction for a felony or other qualified offense,
  435  whichever is later.
  436         3. The felony for which the defendant is to be sentenced,
  437  and one of the two prior felony convictions, is not a violation
  438  of s. 893.13 relating to the purchase or the possession of a
  439  controlled substance.
  440         4. The defendant has not received a pardon for any felony
  441  or other qualified offense that is necessary for the operation
  442  of this paragraph.
  443         5. A conviction of a felony or other qualified offense
  444  necessary to the operation of this paragraph has not been set
  445  aside in any postconviction proceeding.
  446         Section 10. For the purpose of incorporating the amendment
  447  made by this act to section 893.13, Florida Statutes, in a
  448  reference thereto, paragraph (f) of subsection (3) of section
  449  810.02, Florida Statutes, is reenacted to read:
  450         810.02 Burglary.—
  451         (3) Burglary is a felony of the second degree, punishable
  452  as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the
  453  course of committing the offense, the offender does not make an
  454  assault or battery and is not and does not become armed with a
  455  dangerous weapon or explosive, and the offender enters or
  456  remains in a:
  457         (f) Structure or conveyance when the offense intended to be
  458  committed therein is theft of a controlled substance as defined
  459  in s. 893.02. Notwithstanding any other law, separate judgments
  460  and sentences for burglary with the intent to commit theft of a
  461  controlled substance under this paragraph and for any applicable
  462  possession of controlled substance offense under s. 893.13 or
  463  trafficking in controlled substance offense under s. 893.135 may
  464  be imposed when all such offenses involve the same amount or
  465  amounts of a controlled substance.
  466  
  467  However, if the burglary is committed within a county that is
  468  subject to a state of emergency declared by the Governor under
  469  chapter 252 after the declaration of emergency is made and the
  470  perpetration of the burglary is facilitated by conditions
  471  arising from the emergency, the burglary is a felony of the
  472  first degree, punishable as provided in s. 775.082, s. 775.083,
  473  or s. 775.084. As used in this subsection, the term “conditions
  474  arising from the emergency” means civil unrest, power outages,
  475  curfews, voluntary or mandatory evacuations, or a reduction in
  476  the presence of or response time for first responders or
  477  homeland security personnel. A person arrested for committing a
  478  burglary within a county that is subject to such a state of
  479  emergency may not be released until the person appears before a
  480  committing magistrate at a first appearance hearing. For
  481  purposes of sentencing under chapter 921, a felony offense that
  482  is reclassified under this subsection is ranked one level above
  483  the ranking under s. 921.0022 or s. 921.0023 of the offense
  484  committed.
  485         Section 11. For the purpose of incorporating the amendment
  486  made by this act to section 893.13, Florida Statutes, in a
  487  reference thereto, paragraph (c) of subsection (2) of section
  488  812.014, Florida Statutes, is reenacted to read:
  489         812.014 Theft.—
  490         (2)
  491         (c) It is grand theft of the third degree and a felony of
  492  the third degree, punishable as provided in s. 775.082, s.
  493  775.083, or s. 775.084, if the property stolen is:
  494         1. Valued at $300 or more, but less than $5,000.
  495         2. Valued at $5,000 or more, but less than $10,000.
  496         3. Valued at $10,000 or more, but less than $20,000.
  497         4. A will, codicil, or other testamentary instrument.
  498         5. A firearm.
  499         6. A motor vehicle, except as provided in paragraph (a).
  500         7. Any commercially farmed animal, including any animal of
  501  the equine, bovine, or swine class or other grazing animal; a
  502  bee colony of a registered beekeeper; and aquaculture species
  503  raised at a certified aquaculture facility. If the property
  504  stolen is aquaculture species raised at a certified aquaculture
  505  facility, then a $10,000 fine shall be imposed.
  506         8. Any fire extinguisher.
  507         9. Any amount of citrus fruit consisting of 2,000 or more
  508  individual pieces of fruit.
  509         10. Taken from a designated construction site identified by
  510  the posting of a sign as provided for in s. 810.09(2)(d).
  511         11. Any stop sign.
  512         12. Anhydrous ammonia.
  513         13. Any amount of a controlled substance as defined in s.
  514  893.02. Notwithstanding any other law, separate judgments and
  515  sentences for theft of a controlled substance under this
  516  subparagraph and for any applicable possession of controlled
  517  substance offense under s. 893.13 or trafficking in controlled
  518  substance offense under s. 893.135 may be imposed when all such
  519  offenses involve the same amount or amounts of a controlled
  520  substance.
  521  
  522  However, if the property is stolen within a county that is
  523  subject to a state of emergency declared by the Governor under
  524  chapter 252, the property is stolen after the declaration of
  525  emergency is made, and the perpetration of the theft is
  526  facilitated by conditions arising from the emergency, the
  527  offender commits a felony of the second degree, punishable as
  528  provided in s. 775.082, s. 775.083, or s. 775.084, if the
  529  property is valued at $5,000 or more, but less than $10,000, as
  530  provided under subparagraph 2., or if the property is valued at
  531  $10,000 or more, but less than $20,000, as provided under
  532  subparagraph 3. As used in this paragraph, the term “conditions
  533  arising from the emergency” means civil unrest, power outages,
  534  curfews, voluntary or mandatory evacuations, or a reduction in
  535  the presence of or the response time for first responders or
  536  homeland security personnel. For purposes of sentencing under
  537  chapter 921, a felony offense that is reclassified under this
  538  paragraph is ranked one level above the ranking under s.
  539  921.0022 or s. 921.0023 of the offense committed.
  540         Section 12. For the purpose of incorporating the amendment
  541  made by this act to section 893.13, Florida Statutes, in
  542  references thereto, subsection (1) of section 831.311, Florida
  543  Statutes, is reenacted to read:
  544         831.311 Unlawful sale, manufacture, alteration, delivery,
  545  uttering, or possession of counterfeit-resistant prescription
  546  blanks for controlled substances.—
  547         (1) It is unlawful for any person having the intent to
  548  injure or defraud any person or to facilitate any violation of
  549  s. 893.13 to sell, manufacture, alter, deliver, utter, or
  550  possess with intent to injure or defraud any person, or to
  551  facilitate any violation of s. 893.13, any counterfeit-resistant
  552  prescription blanks for controlled substances, the form and
  553  content of which are adopted by rule of the Department of Health
  554  pursuant to s. 893.065.
  555         Section 13. For the purpose of incorporating the amendment
  556  made by this act to section 893.13, Florida Statutes, in
  557  references thereto, subsections (1) and (2) of section 893.1351,
  558  Florida Statutes, are reenacted to read:
  559         893.1351 Ownership, lease, rental, or possession for
  560  trafficking in or manufacturing a controlled substance.—
  561         (1) A person may not own, lease, or rent any place,
  562  structure, or part thereof, trailer, or other conveyance with
  563  the knowledge that the place, structure, trailer, or conveyance
  564  will be used for the purpose of trafficking in a controlled
  565  substance, as provided in s. 893.135; for the sale of a
  566  controlled substance, as provided in s. 893.13; or for the
  567  manufacture of a controlled substance intended for sale or
  568  distribution to another. A person who violates this subsection
  569  commits a felony of the third degree, punishable as provided in
  570  s. 775.082, s. 775.083, or s. 775.084.
  571         (2) A person may not knowingly be in actual or constructive
  572  possession of any place, structure, or part thereof, trailer, or
  573  other conveyance with the knowledge that the place, structure,
  574  or part thereof, trailer, or conveyance will be used for the
  575  purpose of trafficking in a controlled substance, as provided in
  576  s. 893.135; for the sale of a controlled substance, as provided
  577  in s. 893.13; or for the manufacture of a controlled substance
  578  intended for sale or distribution to another. A person who
  579  violates this subsection commits a felony of the second degree,
  580  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  581         Section 14. For the purpose of incorporating the amendment
  582  made by this act to section 893.13, Florida Statutes, in a
  583  reference thereto, subsection (3) of section 893.138, Florida
  584  Statutes, is reenacted to read:
  585         893.138 Local administrative action to abate drug-related,
  586  prostitution-related, or stolen-property-related public
  587  nuisances and criminal gang activity.—
  588         (3) Any pain-management clinic, as described in s. 458.3265
  589  or s. 459.0137, which has been used on more than two occasions
  590  within a 6-month period as the site of a violation of:
  591         (a) Section 784.011, s. 784.021, s. 784.03, or s. 784.045,
  592  relating to assault and battery;
  593         (b) Section 810.02, relating to burglary;
  594         (c) Section 812.014, relating to theft;
  595         (d) Section 812.131, relating to robbery by sudden
  596  snatching; or
  597         (e) Section 893.13, relating to the unlawful distribution
  598  of controlled substances,
  599  
  600  may be declared to be a public nuisance, and such nuisance may
  601  be abated pursuant to the procedures provided in this section.
  602         Section 15. For the purpose of incorporating the amendment
  603  made by this act to section 893.13, Florida Statutes, in a
  604  reference thereto, section 893.15, Florida Statutes, is
  605  reenacted to read:
  606         893.15 Rehabilitation.—Any person who violates s.
  607  893.13(6)(a) or (b) relating to possession may, in the
  608  discretion of the trial judge, be required to participate in a
  609  substance abuse services program approved or regulated by the
  610  Department of Children and Families pursuant to the provisions
  611  of chapter 397, provided the director of such program approves
  612  the placement of the defendant in such program. Such required
  613  participation shall be imposed in addition to any penalty or
  614  probation otherwise prescribed by law. However, the total time
  615  of such penalty, probation, and program participation shall not
  616  exceed the maximum length of sentence possible for the offense.
  617         Section 16. For the purpose of incorporating the amendment
  618  made by this act to section 893.13, Florida Statutes, in a
  619  reference thereto, section 903.133, Florida Statutes, is
  620  reenacted to read:
  621         903.133 Bail on appeal; prohibited for certain felony
  622  convictions.—Notwithstanding the provisions of s. 903.132, no
  623  person adjudged guilty of a felony of the first degree for a
  624  violation of s. 782.04(2) or (3), s. 787.01, s. 794.011(4), s.
  625  806.01, s. 893.13, or s. 893.135, or adjudged guilty of a
  626  violation of s. 794.011(2) or (3), shall be admitted to bail
  627  pending review either by posttrial motion or appeal.
  628         Section 17. For the purpose of incorporating the amendment
  629  made by this act to section 893.13, Florida Statutes, in a
  630  reference thereto, paragraph (l) of subsection (1) of section
  631  921.187, Florida Statutes, is reenacted to read:
  632         921.187 Disposition and sentencing; alternatives;
  633  restitution.—
  634         (1) The alternatives provided in this section for the
  635  disposition of criminal cases shall be used in a manner that
  636  will best serve the needs of society, punish criminal offenders,
  637  and provide the opportunity for rehabilitation. If the offender
  638  does not receive a state prison sentence, the court may:
  639         (l)1. Require the offender who violates any criminal
  640  provision of chapter 893 to pay an additional assessment in an
  641  amount up to the amount of any fine imposed, pursuant to ss.
  642  938.21 and 938.23.
  643         2. Require the offender who violates any provision of s.
  644  893.13 to pay an additional assessment in an amount of $100,
  645  pursuant to ss. 938.055 and 943.361.
  646         Section 18. For the purpose of incorporating the amendment
  647  made by this act to section 893.145, Florida Statutes, in a
  648  reference thereto, paragraph (a) of subsection (2) of section
  649  893.12, Florida Statutes, is reenacted to read:
  650         893.12 Contraband; seizure, forfeiture, sale.—
  651         (2)(a) Any vessel, vehicle, aircraft, or drug paraphernalia
  652  as defined in s. 893.145 which has been or is being used in
  653  violation of any provision of this chapter or in, upon, or by
  654  means of which any violation of this chapter has taken or is
  655  taking place may be seized and forfeited as provided by the
  656  Florida Contraband Forfeiture Act.
  657         Section 19. For the purpose of incorporating the amendment
  658  made by this act to section 893.145, Florida Statutes, in a
  659  reference thereto, paragraph (a) of subsection (6) of section
  660  893.147, Florida Statutes, is reenacted to read:
  661         893.147 Use, possession, manufacture, delivery,
  662  transportation, advertisement, or retail sale of drug
  663  paraphernalia.—
  664         (6) RETAIL SALE OF DRUG PARAPHERNALIA.—
  665         (a) It is unlawful for a person to knowingly and willfully
  666  sell or offer for sale at retail any drug paraphernalia
  667  described in s. 893.145(12)(a)-(c) or (g)-(m), other than a pipe
  668  that is primarily made of briar, meerschaum, clay, or corn cob.
  669         Section 20. This act shall take effect July 1, 2018.