Florida Senate - 2022 SENATOR AMENDMENT
Bill No. CS for CS for SB 190
Ì926570+Î926570
LEGISLATIVE ACTION
Senate . House
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Senator Pizzo moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 107 - 158
4 and insert:
5 Section 2. Paragraphs (c), (e), (f), and (h) of subsection
6 (1) of section 893.13, Florida Statutes, are amended to read:
7 893.13 Prohibited acts; penalties.—
8 (1)
9 (c) Except as authorized by this chapter, a person may not
10 sell, manufacture, or deliver, or possess with intent to sell,
11 manufacture, or deliver, a controlled substance in, on, or
12 within 1,000 feet of the real property comprising a child care
13 facility as defined in s. 402.302 or a public or private
14 elementary, middle, or secondary school between the hours of 6
15 a.m. and 12 midnight, or during the hours of operation at any
16 time in, on, or within 1,000 feet of real property comprising a
17 state, county, or municipal park, a community center, or a
18 publicly owned recreational facility. As used in this paragraph,
19 the term “community center” means a facility operated by a
20 nonprofit community-based organization for the provision of
21 recreational, social, or educational services to the public. A
22 person who violates this paragraph with respect to:
23 1. A controlled substance named or described in s.
24 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.
25 commits a felony of the first degree, punishable as provided in
26 s. 775.082, s. 775.083, or s. 775.084. The defendant must be
27 sentenced to a minimum term of imprisonment of 3 calendar years
28 unless the offense was committed within 1,000 feet of the real
29 property comprising a child care facility as defined in s.
30 402.302.
31 2. A controlled substance named or described in s.
32 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7.,
33 (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a felony of
34 the second degree, punishable as provided in s. 775.082, s.
35 775.083, or s. 775.084.
36 3. Any other controlled substance, except as lawfully sold,
37 manufactured, or delivered, must be sentenced to pay a $500 fine
38 and to serve 100 hours of public service in addition to any
39 other penalty prescribed by law.
40
41 This paragraph does not apply to a child care facility unless
42 the owner or operator of the facility posts a sign that is not
43 less than 2 square feet in size with a word legend identifying
44 the facility as a licensed child care facility and that is
45 posted on the property of the child care facility in a
46 conspicuous place where the sign is reasonably visible to the
47 public.
48 (e) Except as authorized by this chapter, a person may not
49 sell, manufacture, or deliver, or possess with intent to sell,
50 manufacture, or deliver, a controlled substance not authorized
51 by law in, on, or within 1,000 feet of a physical place for
52 worship at which a church or religious organization regularly
53 conducts religious services when such church or religious
54 organization is conducting services or other activities or
55 within 1,000 feet of a convenience business as defined in s.
56 812.171. A person who violates this paragraph with respect to:
57 1. A controlled substance named or described in s.
58 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.
59 commits a felony of the first degree, punishable as provided in
60 s. 775.082, s. 775.083, or s. 775.084.
61 2. A controlled substance named or described in s.
62 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7.,
63 (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a felony of
64 the second degree, punishable as provided in s. 775.082, s.
65 775.083, or s. 775.084.
66 3. Any other controlled substance, except as lawfully sold,
67 manufactured, or delivered, must be sentenced to pay a $500 fine
68 and to serve 100 hours of public service in addition to any
69 other penalty prescribed by law.
70 (f) Except as authorized by this chapter, a person may not
71 sell, manufacture, or deliver, or possess with intent to sell,
72 manufacture, or deliver, a controlled substance in, on, or
73 within 1,000 feet of the real property comprising a public
74 housing facility at any time. As used in this section, the term
75 “real property comprising a public housing facility” means real
76 property, as defined in s. 421.03(12), of a public corporation
77 created as a housing authority pursuant to part I of chapter
78 421. A person who violates this paragraph with respect to:
79 1. A controlled substance named or described in s.
80 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.
81 commits a felony of the first degree, punishable as provided in
82 s. 775.082, s. 775.083, or s. 775.084.
83 2. A controlled substance named or described in s.
84 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7.,
85 (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a felony of
86 the second degree, punishable as provided in s. 775.082, s.
87 775.083, or s. 775.084.
88 3. Any other controlled substance, except as lawfully sold,
89 manufactured, or delivered, must be sentenced to pay a $500 fine
90 and to serve 100 hours of public service in addition to any
91 other penalty prescribed by law.
92 (g)(h) Except as authorized by this chapter, a person may
93 not sell, manufacture, or deliver, or possess with intent to
94 sell, manufacture, or deliver, a controlled substance in, on, or
95 within 1,000 feet of the real property comprising a mental
96 health facility, as that term is used in chapter 394; a health
97 care facility licensed under chapter 395 which provides
98 substance abuse treatment; a licensed service provider as
99 defined in s. 397.311; a facility providing services that
100 include clinical treatment, intervention, or prevention as
101 described in s. 397.311(26); a recovery residence as defined in
102 s. 397.311; an assisted living facility, as defined that term is
103 used in chapter 429; or a pain management clinic as defined in
104 s. 458.3265(1)(a)1.c. or s. 459.0137(1)(a)1.c. A person who
105 violates this paragraph with respect to:
106 1. A controlled substance named or described in s.
107 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.
108 commits a felony of the first degree, punishable as provided in
109 s. 775.082, s. 775.083, or s. 775.084.
110 2. A controlled substance named or described in s.
111 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7.,
112 (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a felony of
113 the second degree, punishable as provided in s. 775.082, s.
114 775.083, or s. 775.084.
115 3. Any other controlled substance, except as lawfully sold,
116 manufactured, or delivered, must be sentenced to pay a $500 fine
117 and to serve 100 hours of public service in addition to any
118 other penalty prescribed by law.
119 Section 3. Subsection (4) of section 893.145, Florida
120 Statutes, is amended to read:
121 893.145 “Drug paraphernalia” defined.—The term “drug
122 paraphernalia” means all equipment, products, and materials of
123 any kind which are used, intended for use, or designed for use
124 in planting, propagating, cultivating, growing, harvesting,
125 manufacturing, compounding, converting, producing, processing,
126 preparing, testing, analyzing, packaging, repackaging, storing,
127 containing, concealing, transporting, injecting, ingesting,
128 inhaling, or otherwise introducing into the human body a
129 controlled substance in violation of this chapter or s. 877.111.
130 Drug paraphernalia is deemed to be contraband which shall be
131 subject to civil forfeiture. The term includes, but is not
132 limited to:
133 (4) Testing equipment used, intended for use, or designed
134 for use in identifying, or in analyzing the strength,
135 effectiveness, or purity of, controlled substances, excluding
136 narcotic drug testing products that are used to determine
137 whether a controlled substance contains fentanyl as described in
138 s. 893.03(2)(b)9. or a controlled substance analog, as defined
139 in s. 893.0356, of fentanyl.
140 Section 4. Subsection (3) of section 893.149, Florida
141 Statutes, is amended to read:
142 893.149 Unlawful possession of listed chemical.—
143 (3) This section does not apply to a public employee or
144 private contractor authorized to clean up or dispose of
145 hazardous waste or toxic substances resulting from the
146 prohibited activities listed in s. 893.13(1)(f) s. 893.13(1)(g).
147 Section 5. Paragraphs (c) and (e) of subsection (3) of
148 section 921.0022, Florida Statutes, are amended to read:
149 921.0022 Criminal Punishment Code; offense severity ranking
150 chart.—
151 (3) OFFENSE SEVERITY RANKING CHART
152 (c) LEVEL 3
153
154 FloridaStatute FelonyDegree Description
155 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
156 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
157 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
158 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
159 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
160 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
161 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
162 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
163 327.35(2)(b) 3rd Felony BUI.
164 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
165 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
166 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
167 379.2431 (1)(e)5. 3rd Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
168 379.2431 (1)(e)6. 3rd Possessing any marine turtle species or hatchling, or parts thereof, or the nest of any marine turtle species described in the Marine Turtle Protection Act.
169 379.2431 (1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
170 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license.
171 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information.
172 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
173 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
174 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
175 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
176 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
177 697.08 3rd Equity skimming.
178 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
179 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
180 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
181 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
182 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
183 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
184 812.015(8)(b) 3rd Retail theft with intent to sell; conspires with others.
185 812.081(2) 3rd Theft of a trade secret.
186 815.04(5)(b) 2nd Computer offense devised to defraud or obtain property.
187 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
188 817.233 3rd Burning to defraud insurer.
189 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
190 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
191 817.236 3rd Filing a false motor vehicle insurance application.
192 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
193 817.413(2) 3rd Sale of used goods of $1,000 or more as new.
194 817.49(2)(b)1. 3rd Willful making of a false report of a crime causing great bodily harm, permanent disfigurement, or permanent disability.
195 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
196 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards.
197 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
198 843.19 2nd Injure, disable, or kill police, fire, or SAR canine or police horse.
199 860.15(3) 3rd Overcharging for repairs and parts.
200 870.01(2) 3rd Riot.
201 870.01(4) 3rd Inciting a riot.
202 893.13(1)(a)2. 3rd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs).
203 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of university.
204 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of public housing facility.
205 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances.
206 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
207 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
208 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
209 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
210 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
211 893.13(8)(a)1. 3rd Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice.
212 893.13(8)(a)2. 3rd Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
213 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
214 893.13(8)(a)4. 3rd Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
215 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
216 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility.
217 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
218 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
219
220 (e) LEVEL 5
221
222 FloridaStatute FelonyDegree Description
223 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
224 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
225 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
226 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
227 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
228 379.365(2)(c)1. 3rd Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked.
229 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
230 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
231 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
232 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
233 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
234 440.381(2) 3rd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
235 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
236 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
237 790.01(2) 3rd Carrying a concealed firearm.
238 790.162 2nd Threat to throw or discharge destructive device.
239 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
240 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
241 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
242 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
243 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
244 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
245 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
246 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
247 812.015 (8)(a) & (c)-(e) 3rd Retail theft; property stolen is valued at $750 or more and one or more specified acts.
248 812.019(1) 2nd Stolen property; dealing in or trafficking in.
249 812.081(3) 2nd Trafficking in trade secrets.
250 812.131(2)(b) 3rd Robbery by sudden snatching.
251 812.16(2) 3rd Owning, operating, or conducting a chop shop.
252 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
253 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
254 817.2341(1), (2)(a) & (3)(a) 3rd Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
255 817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more persons.
256 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
257 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
258 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
259 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
260 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
261 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
262 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
263 843.01 3rd Resist officer with violence to person; resist arrest with violence.
264 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
265 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
266 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
267 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
268 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
269 893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs).
270 893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
271 893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of university.
272 893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
273 893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of public housing facility.
274 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
275 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
276
277
278
279 ================= T I T L E A M E N D M E N T ================
280 And the title is amended as follows:
281 Delete lines 7 - 11
282 and insert:
283 s. 893.13, F.S.; revising specified activities
284 involving controlled substances within 1,000 feet of
285 specified places or facilities; deleting specified
286 prohibited activities involving controlled substances
287 within 1,000 feet of a public housing facility;
288 prohibiting specified activities involving controlled
289 substances within 1,000 feet of additional specified
290 facilities; providing criminal penalties; amending s.
291 893.145, F.S.; revising the definition of the term
292 “drug paraphernalia”; amending 893.149, F.S.;
293 conforming a cross-reference; amending 921.0022, F.S.;
294 conforming provisions to changes made by the act;
295 providing