Bill Text: FL S0092 | 2020 | Regular Session | Introduced

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Bill Title: Controlled Substances

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2020-03-14 - Died in Appropriations Subcommittee on Criminal and Civil Justice [S0092 Detail]

Download: Florida-2020-S0092-Introduced.html

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       Florida Senate - 2020                                      SB 92
       
       
        
       By Senator Simmons
       
       
       
       
       
       9-01651A-20                                             202092__
    1                        A bill to be entitled                      
    2         An act relating to controlled substances; amending s.
    3         893.13, F.S.; revising age limitations relating to the
    4         use and hire of certain persons and the delivery of
    5         controlled substances to certain persons; creating s.
    6         893.1355, F.S.; providing for the reclassification of
    7         criminal penalties relating to the sale of controlled
    8         substances to certain persons; amending s. 893.145,
    9         F.S.; expanding the definition of the term “drug
   10         paraphernalia”; amending 921.0022, F.S.; providing for
   11         application of the severity ranking chart of the
   12         Criminal Punishment Code; providing an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Subsection (4) of section 893.13, Florida
   17  Statutes, is amended to read:
   18         893.13 Prohibited acts; penalties.—
   19         (4) Except as authorized by this chapter, a person 21 18
   20  years of age or older may not deliver any controlled substance
   21  to a person younger than 21 18 years of age, use or hire a
   22  person younger than 21 18 years of age as an agent or employee
   23  in the sale or delivery of such a substance, or use such person
   24  to assist in avoiding detection or apprehension for a violation
   25  of this chapter. A person who violates this subsection with
   26  respect to:
   27         (a) A controlled substance named or described in s.
   28  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.
   29  commits a felony of the first degree, punishable as provided in
   30  s. 775.082, s. 775.083, or s. 775.084.
   31         (b) 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         (c) Any other controlled substance, except as lawfully
   37  sold, manufactured, or delivered, commits a felony of the third
   38  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   39  775.084.
   40  
   41  Imposition of sentence may not be suspended or deferred, and the
   42  person so convicted may not be placed on probation.
   43         Section 2. Section 893.1355, Florida Statutes, is created
   44  to read:
   45         893.1355 Sale of a controlled substance to a person younger
   46  than 21 years of age; reclassification.—
   47         (1) Whenever a person is charged with committing a
   48  violation described in s. 893.13(1)(a) which involves selling,
   49  or possessing with intent to sell, a controlled substance to a
   50  person younger than 21 years of age, the offense for which the
   51  person is charged shall be reclassified as provided in
   52  subsection (2).
   53         (2) The offense described in subsection (1) shall be
   54  reclassified in the following manner:
   55         (a) In the case of a misdemeanor of the first degree, the
   56  offense is reclassified as a felony of the third degree.
   57         (b) In the case of a felony of the third degree, the
   58  offense is reclassified as a felony of the second degree.
   59         (c) In the case of a felony of the second degree, the
   60  offense is reclassified as a felony of the first degree.
   61         (3) For purposes of sentencing under chapter 921, the
   62  following offense severity ranking levels apply:
   63         (a) An offense that is a misdemeanor of the first degree
   64  and that is reclassified under this section as a felony of the
   65  third degree is ranked in level 2 of the offense severity
   66  ranking chart.
   67         (b) A felony offense that is reclassified under this
   68  section is ranked one level above the ranking specified in s.
   69  921.0022 or s. 921.0023 for the offense committed.
   70         Section 3. Paragraph (w) is added to subsection (12) of
   71  section 893.145, Florida Statutes, to read:
   72         893.145 “Drug paraphernalia” defined.—The term “drug
   73  paraphernalia” means all equipment, products, and materials of
   74  any kind which are used, intended for use, or designed for use
   75  in planting, propagating, cultivating, growing, harvesting,
   76  manufacturing, compounding, converting, producing, processing,
   77  preparing, testing, analyzing, packaging, repackaging, storing,
   78  containing, concealing, transporting, injecting, ingesting,
   79  inhaling, or otherwise introducing into the human body a
   80  controlled substance in violation of this chapter or s. 877.111.
   81  Drug paraphernalia is deemed to be contraband which shall be
   82  subject to civil forfeiture. The term includes, but is not
   83  limited to:
   84         (12) Objects used, intended for use, or designed for use in
   85  ingesting, inhaling, or otherwise introducing controlled
   86  substances, as described in s. 893.03, or substances described
   87  in s. 877.111(1) into the human body, such as:
   88         (w) Vapor-generating electronic devices, as that term is
   89  defined in s. 386.203.
   90         Section 4. Subsection (2) of section 921.0022, Florida
   91  Statutes, is amended to read:
   92         921.0022 Criminal Punishment Code; offense severity ranking
   93  chart.—
   94         (2) The offense severity ranking chart has 10 offense
   95  levels, ranked from least severe, which are level 1 offenses, to
   96  most severe, which are level 10 offenses, and each felony
   97  offense is assigned to a level according to the severity of the
   98  offense. For purposes of determining which felony offenses are
   99  specifically listed in the offense severity ranking chart and
  100  which severity level has been assigned to each of these
  101  offenses, the numerical statutory references in the left column
  102  of the chart and the felony degree designations in the middle
  103  column of the chart are controlling; the language in the right
  104  column of the chart is provided solely for descriptive purposes.
  105  Reclassification of the degree of the felony through the
  106  application of s. 775.0845, s. 775.085, s. 775.0861, s.
  107  775.0862, s. 775.0863, s. 775.087, s. 775.0875, s. 794.023, s.
  108  893.1355, or any other law that provides an enhanced penalty for
  109  a felony offense, to any offense listed in the offense severity
  110  ranking chart in this section shall not cause the offense to
  111  become unlisted and is not subject to the provisions of s.
  112  921.0023.
  113         Section 5. This act shall take effect October 1, 2020.