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         893.131Personal 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, 20
  220  grams or less of 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 term
  223  “cannabis” does not include the resin extracted from the plants
  224  of the genus Cannabis or any compound manufacture, salt,
  225  derivative, 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.