Florida Senate - 2019 SB 1714 By Senator Bracy 11-01516-19 20191714__ 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; providing 6 for fines or community service; providing that such 7 possession by a minor is a civil violation; requiring 8 such minor to perform community service, attend a drug 9 awareness program, or both; prohibiting arrest for 10 such violation; providing an exception; limiting 11 collateral use of such violation; prohibiting state or 12 local penalties or obligations other than specified 13 penalties or obligations concerning possession of 14 personal use quantities of cannabis or cannabis 15 accessories; prohibiting additional state or local 16 penalties or obligations for having cannabinoids or 17 cannabinoid metabolites in body tissue or fluid; 18 providing applicability; specifying that political 19 subdivisions may enact ordinances concerning public 20 consumption of cannabis or tetrahydrocannabinol; 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; providing penalties for noncompliance; 26 providing for notice of violations; providing for 27 distribution of revenue from civil penalties; amending 28 ss. 893.13, 893.145, and 938.23, F.S.; conforming 29 provisions to changes made by the act; reenacting ss. 30 112.0455(8)(s), 397.4073(4)(b), 435.07(2), 772.12(2), 31 775.084(1)(a), 810.02(3)(f), 812.014(2)(c), 32 831.311(1), 893.1351(1) and (2), 893.138(3), 893.15, 33 903.133, and 921.187(1)(l), F.S., relating to the 34 Drug-Free Workplace Act, background checks of service 35 provider personnel, exemptions from disqualification, 36 the Drug Dealer Liability Act, violent career 37 criminals, habitual felony offenders, habitual violent 38 felony offenders, three-time violent felony offenders, 39 definitions, procedure, and enhanced penalties or 40 mandatory minimum prison terms, burglary, theft, 41 unlawful sale, manufacture, alteration, delivery, 42 uttering, or possession of counterfeit-resistant 43 prescription blanks for controlled substances, 44 ownership, lease, rental, or possession for 45 trafficking in or manufacturing a controlled 46 substance, local administrative action to abate drug 47 related, prostitution-related, or stolen-property 48 related public nuisances and criminal gang activity, 49 rehabilitation, bail on appeal prohibited for certain 50 felony convictions, and disposition, sentencing, 51 alternatives, and restitution, respectively, to 52 incorporate the amendment made to s. 893.13, F.S., in 53 references thereto; reenacting ss. 893.12(2)(a) and 54 893.147(6)(a), F.S., relating to contraband seizure, 55 forfeiture, and sale, and use, possession, 56 manufacture, delivery, transportation, advertisement, 57 or retail sale of drug paraphernalia, respectively, to 58 incorporate the amendment made to s. 893.145, F.S., in 59 references thereto; providing an effective date. 60 61 WHEREAS, the Legislature finds that existing criminal 62 penalties for the possession of small amounts of cannabis or 63 cannabis accessories are often disproportionate to the severity 64 of the offense, and 65 WHEREAS, the Legislature finds that civil penalties may be 66 more commensurate with the social harm caused by the possession 67 of small amounts of cannabis or cannabis accessories, and 68 WHEREAS, the Legislature finds and declares that this act 69 is in the best interest of the public health, safety, and 70 welfare, NOW, THEREFORE, 71 72 Be It Enacted by the Legislature of the State of Florida: 73 74 Section 1. Section 893.131, Florida Statutes, is created to 75 read: 76 893.131 Personal use quantity of cannabis.— 77 (1) DEFINITIONS.—As used in this section, the term: 78 (a) “Cannabis accessory” means paraphernalia for the 79 ingestion, use, inhalation, preparation for personal use, or 80 storage of a personal use quantity of cannabis. 81 (b) “Personal use quantity of cannabis” means 20 grams or 82 less of cannabis, except that: 83 1. No more than 5 grams of the cannabis may be resin 84 extracted from or concentrates derived from cannabis. 85 2. The term does not include cannabis that is growing. 86 3. The term does not include the estimated weight of any 87 noncannabis ingredients combined with cannabis, such as 88 ingredients added to prepare food or drink. 89 (2) PERSONAL POSSESSION.— 90 (a)1. A person 18 years of age or older who knowingly and 91 unlawfully possesses a personal use quantity of cannabis or a 92 cannabis accessory commits a civil violation and, except as 93 provided in subparagraph 2., shall be assessed a civil penalty 94 of not more than $100. 95 2. A person 18 years of age or older who commits a civil 96 violation under subparagraph 1. may request a penalty of up to 97 15 hours of community service in lieu of the civil penalty in 98 subparagraph 1. 99 (b) A person under the age of 18 who knowingly and 100 unlawfully possesses a personal use quantity of cannabis or a 101 cannabis accessory commits a civil violation and shall be 102 ordered to complete up to 15 hours of community service, a drug 103 awareness program, or both. The offender’s parent or legal 104 guardian shall be notified of the violation pursuant to 105 paragraph (5)(b) and provided information regarding available 106 drug awareness programs. Within 1 year after the court orders 107 such offender to complete such service, program, or both, the 108 offender or his or her parent or legal guardian shall file with 109 the clerk of the court evidence of such completion. 110 (c) Except as provided in this section, a person is not 111 subject to arrest for a violation of this section. A person 112 cited for a violation of this section shall be released on 113 notice to appear if the law enforcement officer does not have 114 lawful grounds to arrest such person for a different offense. 115 (d) A determination of a civil violation under this section 116 is not considered a drug offense under state law or as defined 117 in 23 C.F.R. s. 192.3 and may not affect a person’s driving 118 privileges. 119 (e) A person who fails or refuses to produce his or her 120 identification card issued by the state or driver license, or 121 another form of identification issued by any state, district, 122 county, municipality, school district, college, or university, 123 upon request by a law enforcement officer who informs the person 124 that he or she has been found to be in possession of what 125 appears to the officer to be a personal use quantity of cannabis 126 or a cannabis accessory may be arrested for a violation of this 127 section if the person fails or refuses to truthfully provide his 128 or her name, address, and date of birth to the law enforcement 129 officer. 130 (f) Except as provided in this section, the state or any of 131 its political subdivisions may not impose any penalty or 132 obligation other than those outlined in this section on a person 133 for possessing a personal use quantity of cannabis or a cannabis 134 accessory. The state or any of its political subdivisions may 135 not impose any penalty or obligation exceeding those outlined in 136 this section on a person solely for having cannabinoids or 137 cannabinoid metabolites in his or her urine, blood, sweat, hair, 138 fingernails, toenails, or other tissue or fluid of the human 139 body. 140 (g) Possession of a personal use quantity of cannabis or a 141 cannabis accessory, or the presence of cannabinoids or 142 cannabinoid metabolites in the urine, blood, sweat, hair, 143 fingernails, toenails, or other tissue or fluid of the human 144 body, or a conviction, citation, admission, or plea thereto, 145 does not constitute grounds for denying a person student 146 financial aid, public housing, or any other form of public 147 financial assistance, including unemployment benefits; denying a 148 person the right to operate a motor vehicle; or disqualifying a 149 person from serving as a foster parent or an adoptive parent. 150 (h) This section does not repeal or modify any law 151 concerning the medical use of cannabis or tetrahydrocannabinol 152 in any other form, such as dronabinol; the possession of more 153 than a personal use quantity of cannabis; or the sale, 154 manufacture, or trafficking of cannabis. 155 (i) This section does not prohibit a political subdivision 156 of the state from enacting ordinances regulating or prohibiting 157 the public consumption of cannabis or tetrahydrocannabinol or 158 providing additional penalties for the public consumption of 159 cannabis or tetrahydrocannabinol if such penalties are not 160 greater than those relating to the public consumption of 161 alcohol. 162 (j) A violation of this section may not be considered a 163 violation of parole or probation. 164 (3) RECORDKEEPING.— 165 (a) Except as otherwise provided in this subsection, a 166 record of a violation of this section may not be recorded in any 167 database of criminal offenders. 168 (b) A state, county, or municipal law enforcement agency 169 that collects and reports data for the Federal Bureau of 170 Investigation’s Uniform Crime Reporting Program shall collect 171 data on the number of violations of this section and report such 172 data to the Department of Law Enforcement. The Department of Law 173 Enforcement shall compile the data collected pursuant to this 174 paragraph and make it available free of cost to the public. The 175 Department of Law Enforcement shall update the data annually and 176 make the data available on its public Internet website. 177 (4) DRUG AWARENESS PROGRAMS.— 178 (a) The court may require an offender under the age of 18 179 to complete a drug awareness program within 1 year after his or 180 her parent or legal guardian is notified of the violation 181 pursuant to paragraph (2)(b). 182 (b) The drug awareness program may charge a fee of up to 183 $75 to offset any program costs. The fees shall be waived based 184 on an offender’s financial hardship. All fees shall be payable 185 by the offender upon entry into the program. 186 (5) NOTICE OF VIOLATIONS.— 187 (a) A state, county, or municipal law enforcement agency 188 shall issue noncriminal citation forms to its officers which 189 conform with this section. 190 (b) The notice required in paragraph (2)(b) shall be mailed 191 or hand delivered to at least one of the offender’s parents or 192 legal guardians at his or her last known address. If the 193 offender or his or her parent or legal guardian fails to comply 194 with paragraph (2)(b), the clerk shall notify the offender, the 195 offender’s parent or legal guardian, and the person who issued 196 the original citation notice of a hearing to impose a civil 197 penalty of up to $150 or community service of up to 40 hours on 198 the offender for such noncompliance. During such hearing, the 199 court is limited to considering the offender’s financial 200 capacity to pay the penalty, the offender’s ability to 201 participate in a drug awareness program, the availability of a 202 suitable drug awareness program, and the offender’s willingness 203 to complete such program within a timeframe to be determined by 204 the court. 205 (6) DISTRIBUTION OF REVENUE.—Notwithstanding any other law, 206 civil penalties levied under this section shall be distributed 207 as follows: 208 (a) Fifty percent shall be distributed to or retained by 209 the municipality where the violation occurred or the county 210 where it occurred, if the violation occurred in an 211 unincorporated area. 212 (b) Fifty percent shall be distributed in the same manner 213 as provided in s. 938.23(2). 214 Section 2. Subsection (3) and paragraphs (b) and (e) of 215 subsection (6) of section 893.13, Florida Statutes, are amended 216 to read: 217 893.13 Prohibited acts; penalties.— 218 (3) A person who delivers, without consideration, a 219 personal use quantity of cannabis, as defined in s. 893.131,20220gramsor lessof cannabis, as defined in this chapter,commits a 221 misdemeanor of the first degree, punishable as provided in s. 222 775.082 or s. 775.083.As used in this subsection, the term223“cannabis” does not include the resin extracted from the plants224of the genusCannabisor any compound manufacture, salt,225derivative, mixture, or preparation of such resin.226 (6) 227 (b) If the offense is the possession of 20 grams or less of 228 cannabis, as defined in this chapter, and the possession is not 229 a personal use quantity of cannabis, as defined in s. 893.131, 230 the person commits a misdemeanor of the first degree, punishable 231 as provided in s. 775.082 or s. 775.083. As used in this 232 subsection, the term “cannabis” does not include the resin 233 extracted from the plants of the genus Cannabis, or any compound 234 manufacture, salt, derivative, mixture, or preparation of such 235 resin. 236 (e) Notwithstanding any provision to the contrary of the 237 laws of this state relating to arrest, and except as provided in 238 s. 893.131, a law enforcement officer may arrest without warrant 239 any person who the officer has probable cause to believe is 240 violating the provisions of this chapter relating to possession 241 of cannabis. 242 Section 3. Section 893.145, Florida Statutes, is amended to 243 read: 244 893.145 “Drug paraphernalia” defined.—The term “drug 245 paraphernalia” means all equipment, products, and materials of 246 any kind which are used, intended for use, or designed for use 247 in planting, propagating, cultivating, growing, harvesting, 248 manufacturing, compounding, converting, producing, processing, 249 preparing, testing, analyzing, packaging, repackaging, storing, 250 containing, concealing, transporting, injecting, ingesting, 251 inhaling, or otherwise introducing into the human body a 252 controlled substance in violation of this chapter or s. 877.111. 253 Drug paraphernalia is deemed to be contraband which shall be 254 subject to civil forfeiture. The term does not include a 255 cannabis accessory, as defined in s. 893.131. The term includes, 256 but is not limited to: 257 (1) Kits used, intended for use, or designed for use in the 258 planting, propagating, cultivating, growing, or harvesting of 259 any species of plant which is a controlled substance or from 260 which a controlled substance can be derived. 261 (2) Kits used, intended for use, or designed for use in 262 manufacturing, compounding, converting, producing, processing, 263 or preparing controlled substances. 264 (3) Isomerization devices used, intended for use, or 265 designed for use in increasing the potency of any species of 266 plant which is a controlled substance. 267 (4) Testing equipment used, intended for use, or designed 268 for use in identifying, or in analyzing the strength, 269 effectiveness, or purity of, controlled substances. 270 (5) Scales and balances used, intended for use, or designed 271 for use in weighing or measuring controlled substances. 272 (6) Diluents and adulterants, such as quinine 273 hydrochloride, caffeine, dimethyl sulfone, mannitol, mannite, 274 dextrose, and lactose, used, intended for use, or designed for 275 use in diluting controlled substances; or substances such as 276 damiana leaf, marshmallow leaf, and mullein leaf, used, intended 277 for use, or designed for use as carrier mediums of controlled 278 substances. 279 (7) Separation gins and sifters used, intended for use, or 280 designed for use in removing twigs and seeds from, or in 281 otherwise cleaning or refining, cannabis. 282 (8) Blenders, bowls, containers, spoons, and mixing devices 283 used, intended for use, or designed for use in compounding 284 controlled substances. 285 (9) Capsules, balloons, envelopes, and other containers 286 used, intended for use, or designed for use in packaging small 287 quantities of controlled substances. 288 (10) Containers and other objects used, intended for use, 289 or designed for use in storing, concealing, or transporting 290 controlled substances. 291 (11) Hypodermic syringes, needles, and other objects used, 292 intended for use, or designed for use in parenterally injecting 293 controlled substances into the human body. 294 (12) Objects used, intended for use, or designed for use in 295 ingesting, inhaling, or otherwise introducing controlled 296 substances, as described in s. 893.03, or substances described 297 in s. 877.111(1) into the human body, such as: 298 (a) Metal, wooden, acrylic, glass, stone, plastic, or 299 ceramic pipes, with or without screens, permanent screens, 300 hashish heads, or punctured metal bowls. 301 (b) Water pipes. 302 (c) Carburetion tubes and devices. 303 (d) Smoking and carburetion masks. 304 (e) Roach clips: meaning objects used to hold burning 305 material, such as a cannabis cigarette, that has become too 306 small or too short to be held in the hand. 307 (f) Miniature cocaine spoons, and cocaine vials. 308 (g) Chamber pipes. 309 (h) Carburetor pipes. 310 (i) Electric pipes. 311 (j) Air-driven pipes. 312 (k) Chillums. 313 (l) Bongs. 314 (m) Ice pipes or chillers. 315 (n) A cartridge or canister, which means a small metal 316 device used to contain nitrous oxide. 317 (o) A charger, sometimes referred to as a “cracker,” which 318 means a small metal or plastic device that contains an interior 319 pin that may be used to expel nitrous oxide from a cartridge or 320 container. 321 (p) A charging bottle, which means a device that may be 322 used to expel nitrous oxide from a cartridge or canister. 323 (q) A whip-it, which means a device that may be used to 324 expel nitrous oxide. 325 (r) A tank. 326 (s) A balloon. 327 (t) A hose or tube. 328 (u) A 2-liter-type soda bottle. 329 (v) Duct tape. 330 Section 4. Subsection (2) of section 938.23, Florida 331 Statutes, is amended to read: 332 938.23 Assistance grants for alcohol and other drug abuse 333 programs.— 334 (2) All assessments authorized by this section and proceeds 335 of civil penalties levied under s. 893.131 shall be collected by 336 the clerk of court and remitted to the jurisdictional county as 337 described in s. 893.165(2) for deposit into the County Alcohol 338 and Other Drug Abuse Trust Fund or remitted to the Department of 339 Revenue for deposit into the Grants and Donations Trust Fund of 340 the Department of Children and Families pursuant to guidelines 341 and priorities developed by the department. If a County Alcohol 342 and Other Drug Abuse Trust Fund has not been established for any 343 jurisdictional county, assessments collected by the clerk of 344 court shall be remitted to the Department of Revenue for deposit 345 into the Grants and Donations Trust Fund of the Department of 346 Children and Families. 347 Section 5. For the purpose of incorporating the amendment 348 made by this act to section 893.13, Florida Statutes, in a 349 reference thereto, paragraph (s) of subsection (8) of section 350 112.0455, Florida Statutes, is reenacted to read: 351 112.0455 Drug-Free Workplace Act.— 352 (8) PROCEDURES AND EMPLOYEE PROTECTION.—All specimen 353 collection and testing for drugs under this section shall be 354 performed in accordance with the following procedures: 355 (s) An employer may not discharge, discipline, or 356 discriminate against an employee solely upon voluntarily seeking 357 treatment, while under the employ of the employer, for a drug 358 related problem if the employee has not previously tested 359 positive for drug use, entered an employee assistance program 360 for drug-related problems, or entered an alcohol and drug 361 rehabilitation program. However, special risk employees may be 362 subject to discharge or disciplinary action when the presence of 363 illicit drugs, pursuant to s. 893.13, is confirmed. 364 Section 6. For the purpose of incorporating the amendment 365 made by this act to section 893.13, Florida Statutes, in a 366 reference thereto, paragraph (b) of subsection (4) of section 367 397.4073, Florida Statutes, is reenacted to read: 368 397.4073 Background checks of service provider personnel.— 369 (4) EXEMPTIONS FROM DISQUALIFICATION.— 370 (b) Since rehabilitated substance abuse impaired persons 371 are effective in the successful treatment and rehabilitation of 372 individuals with substance use disorders, for service providers 373 which treat adolescents 13 years of age and older, service 374 provider personnel whose background checks indicate crimes under 375 s. 817.563, s. 893.13, or s. 893.147 may be exempted from 376 disqualification from employment pursuant to this paragraph. 377 Section 7. For the purpose of incorporating the amendment 378 made by this act to section 893.13, Florida Statutes, in a 379 reference thereto, subsection (2) of section 435.07, Florida 380 Statutes, is reenacted to read: 381 435.07 Exemptions from disqualification.—Unless otherwise 382 provided by law, the provisions of this section apply to 383 exemptions from disqualification for disqualifying offenses 384 revealed pursuant to background screenings required under this 385 chapter, regardless of whether those disqualifying offenses are 386 listed in this chapter or other laws. 387 (2) Persons employed, or applicants for employment, by 388 treatment providers who treat adolescents 13 years of age and 389 older who are disqualified from employment solely because of 390 crimes under s. 817.563, s. 893.13, or s. 893.147 may be 391 exempted from disqualification from employment pursuant to this 392 chapter without application of the waiting period in 393 subparagraph (1)(a)1. 394 Section 8. For the purpose of incorporating the amendment 395 made by this act to section 893.13, Florida Statutes, in a 396 reference thereto, subsection (2) of section 772.12, Florida 397 Statutes, is reenacted to read: 398 772.12 Drug Dealer Liability Act.— 399 (2) A person, including any governmental entity, has a 400 cause of action for threefold the actual damages sustained and 401 is entitled to minimum damages in the amount of $1,000 and 402 reasonable attorney’s fees and court costs in the trial and 403 appellate courts, if the person proves by the greater weight of 404 the evidence that: 405 (a) The person was injured because of the defendant’s 406 actions that resulted in the defendant’s conviction for: 407 1. A violation of s. 893.13, except for a violation of s. 408 893.13(2)(a) or (b), (3), (5), (6)(a), (b), or (c), (7); or 409 2. A violation of s. 893.135; and 410 (b) The person was not injured by reason of his or her 411 participation in the same act or transaction that resulted in 412 the defendant’s conviction for any offense described in 413 subparagraph (a)1. 414 Section 9. For the purpose of incorporating the amendment 415 made by this act to section 893.13, Florida Statutes, in a 416 reference thereto, paragraph (a) of subsection (1) of section 417 775.084, Florida Statutes, is reenacted to read: 418 775.084 Violent career criminals; habitual felony offenders 419 and habitual violent felony offenders; three-time violent felony 420 offenders; definitions; procedure; enhanced penalties or 421 mandatory minimum prison terms.— 422 (1) As used in this act: 423 (a) “Habitual felony offender” means a defendant for whom 424 the court may impose an extended term of imprisonment, as 425 provided in paragraph (4)(a), if it finds that: 426 1. The defendant has previously been convicted of any 427 combination of two or more felonies in this state or other 428 qualified offenses. 429 2. The felony for which the defendant is to be sentenced 430 was committed: 431 a. While the defendant was serving a prison sentence or 432 other sentence, or court-ordered or lawfully imposed supervision 433 that is imposed as a result of a prior conviction for a felony 434 or other qualified offense; or 435 b. Within 5 years of the date of the conviction of the 436 defendant’s last prior felony or other qualified offense, or 437 within 5 years of the defendant’s release from a prison 438 sentence, probation, community control, control release, 439 conditional release, parole or court-ordered or lawfully imposed 440 supervision or other sentence that is imposed as a result of a 441 prior conviction for a felony or other qualified offense, 442 whichever is later. 443 3. The felony for which the defendant is to be sentenced, 444 and one of the two prior felony convictions, is not a violation 445 of s. 893.13 relating to the purchase or the possession of a 446 controlled substance. 447 4. The defendant has not received a pardon for any felony 448 or other qualified offense that is necessary for the operation 449 of this paragraph. 450 5. A conviction of a felony or other qualified offense 451 necessary to the operation of this paragraph has not been set 452 aside in any postconviction proceeding. 453 Section 10. For the purpose of incorporating the amendment 454 made by this act to section 893.13, Florida Statutes, in a 455 reference thereto, paragraph (f) of subsection (3) of section 456 810.02, Florida Statutes, is reenacted to read: 457 810.02 Burglary.— 458 (3) Burglary is a felony of the second degree, punishable 459 as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the 460 course of committing the offense, the offender does not make an 461 assault or battery and is not and does not become armed with a 462 dangerous weapon or explosive, and the offender enters or 463 remains in a: 464 (f) Structure or conveyance when the offense intended to be 465 committed therein is theft of a controlled substance as defined 466 in s. 893.02. Notwithstanding any other law, separate judgments 467 and sentences for burglary with the intent to commit theft of a 468 controlled substance under this paragraph and for any applicable 469 possession of controlled substance offense under s. 893.13 or 470 trafficking in controlled substance offense under s. 893.135 may 471 be imposed when all such offenses involve the same amount or 472 amounts of a controlled substance. 473 474 However, if the burglary is committed within a county that is 475 subject to a state of emergency declared by the Governor under 476 chapter 252 after the declaration of emergency is made and the 477 perpetration of the burglary is facilitated by conditions 478 arising from the emergency, the burglary is a felony of the 479 first degree, punishable as provided in s. 775.082, s. 775.083, 480 or s. 775.084. As used in this subsection, the term “conditions 481 arising from the emergency” means civil unrest, power outages, 482 curfews, voluntary or mandatory evacuations, or a reduction in 483 the presence of or response time for first responders or 484 homeland security personnel. A person arrested for committing a 485 burglary within a county that is subject to such a state of 486 emergency may not be released until the person appears before a 487 committing magistrate at a first appearance hearing. For 488 purposes of sentencing under chapter 921, a felony offense that 489 is reclassified under this subsection is ranked one level above 490 the ranking under s. 921.0022 or s. 921.0023 of the offense 491 committed. 492 Section 11. For the purpose of incorporating the amendment 493 made by this act to section 893.13, Florida Statutes, in a 494 reference thereto, paragraph (c) of subsection (2) of section 495 812.014, Florida Statutes, is reenacted to read: 496 812.014 Theft.— 497 (2) 498 (c) It is grand theft of the third degree and a felony of 499 the third degree, punishable as provided in s. 775.082, s. 500 775.083, or s. 775.084, if the property stolen is: 501 1. Valued at $300 or more, but less than $5,000. 502 2. Valued at $5,000 or more, but less than $10,000. 503 3. Valued at $10,000 or more, but less than $20,000. 504 4. A will, codicil, or other testamentary instrument. 505 5. A firearm. 506 6. A motor vehicle, except as provided in paragraph (a). 507 7. Any commercially farmed animal, including any animal of 508 the equine, avian, bovine, or swine class or other grazing 509 animal; a bee colony of a registered beekeeper; and aquaculture 510 species raised at a certified aquaculture facility. If the 511 property stolen is a commercially farmed animal, including an 512 animal of the equine, avian, bovine, or swine class or other 513 grazing animal; a bee colony of a registered beekeeper; or an 514 aquaculture species raised at a certified aquaculture facility, 515 a $10,000 fine shall be imposed. 516 8. Any fire extinguisher. 517 9. Any amount of citrus fruit consisting of 2,000 or more 518 individual pieces of fruit. 519 10. Taken from a designated construction site identified by 520 the posting of a sign as provided for in s. 810.09(2)(d). 521 11. Any stop sign. 522 12. Anhydrous ammonia. 523 13. Any amount of a controlled substance as defined in s. 524 893.02. Notwithstanding any other law, separate judgments and 525 sentences for theft of a controlled substance under this 526 subparagraph and for any applicable possession of controlled 527 substance offense under s. 893.13 or trafficking in controlled 528 substance offense under s. 893.135 may be imposed when all such 529 offenses involve the same amount or amounts of a controlled 530 substance. 531 532 However, if the property is stolen within a county that is 533 subject to a state of emergency declared by the Governor under 534 chapter 252, the property is stolen after the declaration of 535 emergency is made, and the perpetration of the theft is 536 facilitated by conditions arising from the emergency, the 537 offender commits a felony of the second degree, punishable as 538 provided in s. 775.082, s. 775.083, or s. 775.084, if the 539 property is valued at $5,000 or more, but less than $10,000, as 540 provided under subparagraph 2., or if the property is valued at 541 $10,000 or more, but less than $20,000, as provided under 542 subparagraph 3. As used in this paragraph, the term “conditions 543 arising from the emergency” means civil unrest, power outages, 544 curfews, voluntary or mandatory evacuations, or a reduction in 545 the presence of or the response time for first responders or 546 homeland security personnel. For purposes of sentencing under 547 chapter 921, a felony offense that is reclassified under this 548 paragraph is ranked one level above the ranking under s. 549 921.0022 or s. 921.0023 of the offense committed. 550 Section 12. For the purpose of incorporating the amendment 551 made by this act to section 893.13, Florida Statutes, in 552 references thereto, subsection (1) of section 831.311, Florida 553 Statutes, is reenacted to read: 554 831.311 Unlawful sale, manufacture, alteration, delivery, 555 uttering, or possession of counterfeit-resistant prescription 556 blanks for controlled substances.— 557 (1) It is unlawful for any person having the intent to 558 injure or defraud any person or to facilitate any violation of 559 s. 893.13 to sell, manufacture, alter, deliver, utter, or 560 possess with intent to injure or defraud any person, or to 561 facilitate any violation of s. 893.13, any counterfeit-resistant 562 prescription blanks for controlled substances, the form and 563 content of which are adopted by rule of the Department of Health 564 pursuant to s. 893.065. 565 Section 13. For the purpose of incorporating the amendment 566 made by this act to section 893.13, Florida Statutes, in 567 references thereto, subsections (1) and (2) of section 893.1351, 568 Florida Statutes, are reenacted to read: 569 893.1351 Ownership, lease, rental, or possession for 570 trafficking in or manufacturing a controlled substance.— 571 (1) A person may not own, lease, or rent any place, 572 structure, or part thereof, trailer, or other conveyance with 573 the knowledge that the place, structure, trailer, or conveyance 574 will be used for the purpose of trafficking in a controlled 575 substance, as provided in s. 893.135; for the sale of a 576 controlled substance, as provided in s. 893.13; or for the 577 manufacture of a controlled substance intended for sale or 578 distribution to another. A person who violates this subsection 579 commits a felony of the third degree, punishable as provided in 580 s. 775.082, s. 775.083, or s. 775.084. 581 (2) A person may not knowingly be in actual or constructive 582 possession of any place, structure, or part thereof, trailer, or 583 other conveyance with the knowledge that the place, structure, 584 or part thereof, trailer, or conveyance will be used for the 585 purpose of trafficking in a controlled substance, as provided in 586 s. 893.135; for the sale of a controlled substance, as provided 587 in s. 893.13; or for the manufacture of a controlled substance 588 intended for sale or distribution to another. A person who 589 violates this subsection commits a felony of the second degree, 590 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 591 Section 14. For the purpose of incorporating the amendment 592 made by this act to section 893.13, Florida Statutes, in a 593 reference thereto, subsection (3) of section 893.138, Florida 594 Statutes, is reenacted to read: 595 893.138 Local administrative action to abate drug-related, 596 prostitution-related, or stolen-property-related public 597 nuisances and criminal gang activity.— 598 (3) Any pain-management clinic, as described in s. 458.3265 599 or s. 459.0137, which has been used on more than two occasions 600 within a 6-month period as the site of a violation of: 601 (a) Section 784.011, s. 784.021, s. 784.03, or s. 784.045, 602 relating to assault and battery; 603 (b) Section 810.02, relating to burglary; 604 (c) Section 812.014, relating to theft; 605 (d) Section 812.131, relating to robbery by sudden 606 snatching; or 607 (e) Section 893.13, relating to the unlawful distribution 608 of controlled substances, 609 610 may be declared to be a public nuisance, and such nuisance may 611 be abated pursuant to the procedures provided in this section. 612 Section 15. For the purpose of incorporating the amendment 613 made by this act to section 893.13, Florida Statutes, in a 614 reference thereto, section 893.15, Florida Statutes, is 615 reenacted to read: 616 893.15 Rehabilitation.—Any person who violates s. 617 893.13(6)(a) or (b) relating to possession may, in the 618 discretion of the trial judge, be required to participate in a 619 substance abuse services program approved or regulated by the 620 Department of Children and Families pursuant to the provisions 621 of chapter 397, provided the director of such program approves 622 the placement of the defendant in such program. Such required 623 participation shall be imposed in addition to any penalty or 624 probation otherwise prescribed by law. However, the total time 625 of such penalty, probation, and program participation shall not 626 exceed the maximum length of sentence possible for the offense. 627 Section 16. For the purpose of incorporating the amendment 628 made by this act to section 893.13, Florida Statutes, in a 629 reference thereto, section 903.133, Florida Statutes, is 630 reenacted to read: 631 903.133 Bail on appeal; prohibited for certain felony 632 convictions.—Notwithstanding the provisions of s. 903.132, no 633 person adjudged guilty of a felony of the first degree for a 634 violation of s. 782.04(2) or (3), s. 787.01, s. 794.011(4), s. 635 806.01, s. 893.13, or s. 893.135, or adjudged guilty of a 636 violation of s. 794.011(2) or (3), shall be admitted to bail 637 pending review either by posttrial motion or appeal. 638 Section 17. For the purpose of incorporating the amendment 639 made by this act to section 893.13, Florida Statutes, in a 640 reference thereto, paragraph (l) of subsection (1) of section 641 921.187, Florida Statutes, is reenacted to read: 642 921.187 Disposition and sentencing; alternatives; 643 restitution.— 644 (1) The alternatives provided in this section for the 645 disposition of criminal cases shall be used in a manner that 646 will best serve the needs of society, punish criminal offenders, 647 and provide the opportunity for rehabilitation. If the offender 648 does not receive a state prison sentence, the court may: 649 (l)1. Require the offender who violates any criminal 650 provision of chapter 893 to pay an additional assessment in an 651 amount up to the amount of any fine imposed, pursuant to ss. 652 938.21 and 938.23. 653 2. Require the offender who violates any provision of s. 654 893.13 to pay an additional assessment in an amount of $100, 655 pursuant to ss. 938.055 and 943.361. 656 Section 18. For the purpose of incorporating the amendment 657 made by this act to section 893.145, Florida Statutes, in a 658 reference thereto, paragraph (a) of subsection (2) of section 659 893.12, Florida Statutes, is reenacted to read: 660 893.12 Contraband; seizure, forfeiture, sale.— 661 (2)(a) Any vessel, vehicle, aircraft, or drug paraphernalia 662 as defined in s. 893.145 which has been or is being used in 663 violation of any provision of this chapter or in, upon, or by 664 means of which any violation of this chapter has taken or is 665 taking place may be seized and forfeited as provided by the 666 Florida Contraband Forfeiture Act. 667 Section 19. For the purpose of incorporating the amendment 668 made by this act to section 893.145, Florida Statutes, in a 669 reference thereto, paragraph (a) of subsection (6) of section 670 893.147, Florida Statutes, is reenacted to read: 671 893.147 Use, possession, manufacture, delivery, 672 transportation, advertisement, or retail sale of drug 673 paraphernalia, specified machines, and materials.— 674 (6) RETAIL SALE OF DRUG PARAPHERNALIA.— 675 (a) It is unlawful for a person to knowingly and willfully 676 sell or offer for sale at retail any drug paraphernalia 677 described in s. 893.145(12)(a)-(c) or (g)-(m), other than a pipe 678 that is primarily made of briar, meerschaum, clay, or corn cob. 679 Section 20. This act shall take effect July 1, 2019.