Bill Text: FL S1182 | 2016 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Controlled Substances
Spectrum: Bipartisan Bill
Status: (Failed) 2016-03-11 - Died in Appropriations Subcommittee on Criminal and Civil Justice [S1182 Detail]
Download: Florida-2016-S1182-Introduced.html
Bill Title: Controlled Substances
Spectrum: Bipartisan Bill
Status: (Failed) 2016-03-11 - Died in Appropriations Subcommittee on Criminal and Civil Justice [S1182 Detail]
Download: Florida-2016-S1182-Introduced.html
Florida Senate - 2016 SB 1182
By Senator Latvala
20-01317-16 20161182__
1 A bill to be entitled
2 An act relating to controlled substances; amending s.
3 893.03, F.S.; scheduling Mitragynine and 7
4 Hydroxymitragynine, constituents of Kratom, in a
5 schedule of controlled substances; scheduling isomers,
6 esters, ethers, salts, and salts of isomers, esters,
7 and ethers of Mitragynine and 7-Hydroxymitragynine in
8 a schedule of controlled substances; providing an
9 exception from scheduling for any drug product
10 approved by the United States Food and Drug
11 Administration which contains Mitragynine or 7
12 Hydroxymitragynine; amending s. 893.13, F.S.;
13 providing a criminal penalty; reenacting s.
14 39.01(30)(a) and (g), F.S., relating to definitions
15 used in chapter 39, F.S., s. 316.193(5), F.S.,
16 relating to driving under the influence, s.
17 322.2616(2)(c), F.S., relating to suspension of driver
18 licenses, s. 327.35(5), F.S., relating to boating
19 under the influence, s. 440.102(11)(b), F.S., relating
20 to drug-free workplace programs, ss. 458.3265(1)(e)
21 and 459.0137(1)(e), F.S., relating to pain-management
22 clinics, s. 782.04(1)(a) and (4), F.S., relating to
23 murder, s. 787.06(2)(a), F.S., relating to human
24 trafficking, s. 817.563, F.S., relating to sale of
25 substance in lieu of a controlled substance, s.
26 831.31(1)(a) and (2), F.S., relating to counterfeit
27 controlled substance, s. 856.015(1)(c), F.S., relating
28 to open house parties, s. 893.02(4), F.S., relating to
29 definitions, ss. 893.035(2), (7)(a), and (8)(a), and
30 893.0356(2)(a) and (5), F.S., relating to control of
31 new substances, s. 893.05(1), F.S., relating to
32 practitioners and persons administering controlled
33 substances in their absence, s. 893.12(2)(b), (c), and
34 (d), F.S., relating to contraband, seizure,
35 forfeiture, and sale, s. 893.13(1)(a), (c), (d), (e),
36 (f), and (h), (2)(a), (4)(b), (5)(b), and (7)(a),
37 F.S., relating to prohibited acts and penalties, and
38 921.0022(3)(b), (c), and (e), F.S., relating to the
39 offense severity ranking chart of the Criminal
40 Punishment Code, to incorporate the amendment made by
41 the act to s. 893.03, F.S., in references thereto;
42 providing an effective date.
43
44 Be It Enacted by the Legislature of the State of Florida:
45
46 Section 1. Paragraph (c) of subsection (1) of section
47 893.03, Florida Statutes, is amended to read:
48 893.03 Standards and schedules.—The substances enumerated
49 in this section are controlled by this chapter. The controlled
50 substances listed or to be listed in Schedules I, II, III, IV,
51 and V are included by whatever official, common, usual,
52 chemical, or trade name designated. The provisions of this
53 section shall not be construed to include within any of the
54 schedules contained in this section any excluded drugs listed
55 within the purview of 21 C.F.R. s. 1308.22, styled “Excluded
56 Substances”; 21 C.F.R. s. 1308.24, styled “Exempt Chemical
57 Preparations”; 21 C.F.R. s. 1308.32, styled “Exempted
58 Prescription Products”; or 21 C.F.R. s. 1308.34, styled “Exempt
59 Anabolic Steroid Products.”
60 (1) SCHEDULE I.—A substance in Schedule I has a high
61 potential for abuse and has no currently accepted medical use in
62 treatment in the United States and in its use under medical
63 supervision does not meet accepted safety standards. The
64 following substances are controlled in Schedule I:
65 (c) Unless specifically excepted or unless listed in
66 another schedule, any material, compound, mixture, or
67 preparation that contains any quantity of the following
68 hallucinogenic substances or that contains any of their salts,
69 isomers, including optical, positional, or geometric isomers,
70 and salts of isomers, if the existence of such salts, isomers,
71 and salts of isomers is possible within the specific chemical
72 designation:
73 1. Alpha-ethyltryptamine.
74 2. 2-Amino-4-methyl-5-phenyl-2-oxazoline (4
75 methylaminorex).
76 3. 2-Amino-5-phenyl-2-oxazoline (Aminorex).
77 4. 4-Bromo-2,5-dimethoxyamphetamine.
78 5. 4-Bromo-2,5-dimethoxyphenethylamine.
79 6. Bufotenine.
80 7. Cannabis.
81 8. Cathinone.
82 9. Diethyltryptamine.
83 10. 2,5-Dimethoxyamphetamine.
84 11. 2,5-Dimethoxy-4-ethylamphetamine (DOET).
85 12. Dimethyltryptamine.
86 13. N-Ethyl-1-phenylcyclohexylamine (PCE) (Ethylamine
87 analog of phencyclidine).
88 14. N-Ethyl-3-piperidyl benzilate.
89 15. N-ethylamphetamine.
90 16. Fenethylline.
91 17. N-Hydroxy-3,4-methylenedioxyamphetamine.
92 18. Ibogaine.
93 19. Lysergic acid diethylamide (LSD).
94 20. Mescaline.
95 21. Methcathinone.
96 22. 5-Methoxy-3,4-methylenedioxyamphetamine.
97 23. 4-methoxyamphetamine.
98 24. 4-methoxymethamphetamine.
99 25. 4-Methyl-2,5-dimethoxyamphetamine.
100 26. 3,4-Methylenedioxy-N-ethylamphetamine.
101 27. 3,4-Methylenedioxyamphetamine.
102 28. N-Methyl-3-piperidyl benzilate.
103 29. N,N-dimethylamphetamine.
104 30. Parahexyl.
105 31. Peyote.
106 32. N-(1-Phenylcyclohexyl)-pyrrolidine (PCPY) (Pyrrolidine
107 analog of phencyclidine).
108 33. Psilocybin.
109 34. Psilocyn.
110 35. Salvia divinorum, except for any drug product approved
111 by the United States Food and Drug Administration which contains
112 Salvia divinorum or its isomers, esters, ethers, salts, and
113 salts of isomers, esters, and ethers, if the existence of such
114 isomers, esters, ethers, and salts is possible within the
115 specific chemical designation.
116 36. Salvinorin A, except for any drug product approved by
117 the United States Food and Drug Administration which contains
118 Salvinorin A or its isomers, esters, ethers, salts, and salts of
119 isomers, esters, and ethers, if the existence of such isomers,
120 esters, ethers, and salts is possible within the specific
121 chemical designation.
122 37. Tetrahydrocannabinols.
123 38. 1-[1-(2-Thienyl)-cyclohexyl]-piperidine (TCP)
124 (Thiophene analog of phencyclidine).
125 39. 3,4,5-Trimethoxyamphetamine.
126 40. 3,4-Methylenedioxymethcathinone.
127 41. 3,4-Methylenedioxypyrovalerone (MDPV).
128 42. Methylmethcathinone.
129 43. Methoxymethcathinone.
130 44. Fluoromethcathinone.
131 45. Methylethcathinone.
132 46. 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2
133 yl)phenol, also known as CP 47,497 and its dimethyloctyl (C8)
134 homologue.
135 47. (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2
136 methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo [c]chromen-1-ol,
137 also known as HU-210.
138 48. 1-Pentyl-3-(1-naphthoyl)indole, also known as JWH-018.
139 49. 1-Butyl-3-(1-naphthoyl)indole, also known as JWH-073.
140 50. 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl) indole, also
141 known as JWH-200.
142 51. BZP (Benzylpiperazine).
143 52. Fluorophenylpiperazine.
144 53. Methylphenylpiperazine.
145 54. Chlorophenylpiperazine.
146 55. Methoxyphenylpiperazine.
147 56. DBZP (1,4-dibenzylpiperazine).
148 57. TFMPP (3-Trifluoromethylphenylpiperazine).
149 58. MBDB (Methylbenzodioxolylbutanamine).
150 59. 5-Hydroxy-alpha-methyltryptamine.
151 60. 5-Hydroxy-N-methyltryptamine.
152 61. 5-Methoxy-N-methyl-N-isopropyltryptamine.
153 62. 5-Methoxy-alpha-methyltryptamine.
154 63. Methyltryptamine.
155 64. 5-Methoxy-N,N-dimethyltryptamine.
156 65. 5-Methyl-N,N-dimethyltryptamine.
157 66. Tyramine (4-Hydroxyphenethylamine).
158 67. 5-Methoxy-N,N-Diisopropyltryptamine.
159 68. DiPT (N,N-Diisopropyltryptamine).
160 69. DPT (N,N-Dipropyltryptamine).
161 70. 4-Hydroxy-N,N-diisopropyltryptamine.
162 71. N,N-Diallyl-5-Methoxytryptamine.
163 72. DOI (4-Iodo-2,5-dimethoxyamphetamine).
164 73. DOC (4-Chloro-2,5-dimethoxyamphetamine).
165 74. 2C-E (4-Ethyl-2,5-dimethoxyphenethylamine).
166 75. 2C-T-4 (2,5-Dimethoxy-4-isopropylthiophenethylamine).
167 76. 2C-C (4-Chloro-2,5-dimethoxyphenethylamine).
168 77. 2C-T (2,5-Dimethoxy-4-methylthiophenethylamine).
169 78. 2C-T-2 (2,5-Dimethoxy-4-ethylthiophenethylamine).
170 79. 2C-T-7 (2,5-Dimethoxy-4-(n)-propylthiophenethylamine).
171 80. 2C-I (4-Iodo-2,5-dimethoxyphenethylamine).
172 81. Butylone (beta-keto-N-methylbenzodioxolylpropylamine).
173 82. Ethcathinone.
174 83. Ethylone (3,4-methylenedioxy-N-ethylcathinone).
175 84. Naphyrone (naphthylpyrovalerone).
176 85. N-N-Dimethyl-3,4-methylenedioxycathinone.
177 86. N-N-Diethyl-3,4-methylenedioxycathinone.
178 87. 3,4-methylenedioxy-propiophenone.
179 88. 2-Bromo-3,4-Methylenedioxypropiophenone.
180 89. 3,4-methylenedioxy-propiophenone-2-oxime.
181 90. N-Acetyl-3,4-methylenedioxycathinone.
182 91. N-Acetyl-N-Methyl-3,4-Methylenedioxycathinone.
183 92. N-Acetyl-N-Ethyl-3,4-Methylenedioxycathinone.
184 93. Bromomethcathinone.
185 94. Buphedrone (alpha-methylamino-butyrophenone).
186 95. Eutylone (beta-Keto-Ethylbenzodioxolylbutanamine).
187 96. Dimethylcathinone.
188 97. Dimethylmethcathinone.
189 98. Pentylone (beta-Keto-Methylbenzodioxolylpentanamine).
190 99. (MDPPP) 3,4-Methylenedioxy-alpha
191 pyrrolidinopropiophenone.
192 100. (MDPBP) 3,4-Methylenedioxy-alpha
193 pyrrolidinobutiophenone.
194 101. Methoxy-alpha-pyrrolidinopropiophenone (MOPPP).
195 102. Methyl-alpha-pyrrolidinohexiophenone (MPHP).
196 103. Benocyclidine (BCP) or
197 benzothiophenylcyclohexylpiperidine (BTCP).
198 104. Fluoromethylaminobutyrophenone (F-MABP).
199 105. Methoxypyrrolidinobutyrophenone (MeO-PBP).
200 106. Ethyl-pyrrolidinobutyrophenone (Et-PBP).
201 107. 3-Methyl-4-Methoxymethcathinone (3-Me-4-MeO-MCAT).
202 108. Methylethylaminobutyrophenone (Me-EABP).
203 109. Methylamino-butyrophenone (MABP).
204 110. Pyrrolidinopropiophenone (PPP).
205 111. Pyrrolidinobutiophenone (PBP).
206 112. Pyrrolidinovalerophenone (PVP).
207 113. Methyl-alpha-pyrrolidinopropiophenone (MPPP).
208 114. JWH-007 (1-pentyl-2-methyl-3-(1-naphthoyl)indole).
209 115. JWH-015 (2-Methyl-1-propyl-1H-indol-3-yl)-1
210 naphthalenylmethanone).
211 116. JWH-019 (Naphthalen-1-yl-(1-hexylindol-3
212 yl)methanone).
213 117. JWH-020 (1-heptyl-3-(1-naphthoyl)indole).
214 118. JWH-072 (Naphthalen-1-yl-(1-propyl-1H-indol-3
215 yl)methanone).
216 119. JWH-081 (4-methoxynaphthalen-1-yl-(1-pentylindol-3
217 yl)methanone).
218 120. JWH-122 (1-pentyl-3-(4-methyl-1-naphthoyl)indole).
219 121. JWH-133 ((6aR,10aR)-3-(1,1-Dimethylbutyl)-6a,7,10,10a
220 tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran)).
221 122. JWH-175 (3-(naphthalen-1-ylmethyl)-1-pentyl-1H
222 indole).
223 123. JWH-201 (1-pentyl-3-(4-methoxyphenylacetyl)indole).
224 124. JWH-203 (2-(2-chlorophenyl)-1-(1-pentylindol-3
225 yl)ethanone).
226 125. JWH-210 (4-ethylnaphthalen-1-yl-(1-pentylindol-3
227 yl)methanone).
228 126. JWH-250 (2-(2-methoxyphenyl)-1-(1-pentylindol-3
229 yl)ethanone).
230 127. JWH-251 (2-(2-methylphenyl)-1-(1-pentyl-1H-indol-3
231 yl)ethanone).
232 128. JWH-302 (1-pentyl-3-(3-methoxyphenylacetyl)indole).
233 129. JWH-398 (1-pentyl-3-(4-chloro-1-naphthoyl)indole).
234 130. HU-211 ((6aS,10aS)-9-(Hydroxymethyl)-6,6-dimethyl-3
235 (2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1
236 ol).
237 131. HU-308 ([(1R,2R,5R)-2-[2,6-dimethoxy-4-(2-methyloctan
238 2-yl)phenyl]-7,7-dimethyl-4-bicyclo[3.1.1]hept-3-enyl]
239 methanol).
240 132. HU-331 (3-hydroxy-2-[(1R,6R)-3-methyl-6-(1-
241 methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-2,5-cyclohexadiene
242 1,4-dione).
243 133. CB-13 (Naphthalen-1-yl-(4-pentyloxynaphthalen-1
244 yl)methanone).
245 134. CB-25 (N-cyclopropyl-11-(3-hydroxy-5-pentylphenoxy)
246 undecanamide).
247 135. CB-52 (N-cyclopropyl-11-(2-hexyl-5-hydroxyphenoxy)
248 undecanamide).
249 136. CP 55,940 (2-[(1R,2R,5R)-5-hydroxy-2-(3
250 hydroxypropyl)cyclohexyl]-5-(2-methyloctan-2-yl)phenol).
251 137. AM-694 (1-[(5-fluoropentyl)-1H-indol-3-yl]-(2
252 iodophenyl)methanone).
253 138. AM-2201 (1-[(5-fluoropentyl)-1H-indol-3-yl]
254 (naphthalen-1-yl)methanone).
255 139. RCS-4 ((4-methoxyphenyl) (1-pentyl-1H-indol-3
256 yl)methanone).
257 140. RCS-8 (1-(1-(2-cyclohexylethyl)-1H-indol-3-yl)-2-(2
258 methoxyphenylethanone).
259 141. WIN55,212-2 ((R)-(+)-[2,3-Dihydro-5-methyl-3-(4
260 morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1
261 naphthalenylmethanone).
262 142. WIN55,212-3 ([(3S)-2,3-Dihydro-5-methyl-3-(4
263 morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1
264 naphthalenylmethanone).
265 143. Pentedrone (2-(methylamino)-1-phenyl-1-pentanone).
266 144. Fluoroamphetamine.
267 145. Fluoromethamphetamine.
268 146. Methoxetamine.
269 147. Methiopropamine.
270 148. 4-Methylbuphedrone (2-Methylamino-1-(4
271 methylphenyl)butan-1-one).
272 149. APB ((2-aminopropyl)benzofuran).
273 150. APDB ((2-aminopropyl)-2,3-dihydrobenzofuran).
274 151. UR-144 ((1-pentyl-1H-indol-3-yl)(2,2,3,3
275 tetramethylcyclopropyl)methanone).
276 152. XLR11 ((1-(5-fluoropentyl)-1H-indol-3-yl)(2,2,3,3
277 tetramethylcyclopropyl)methanone).
278 153. (1-(5-chloropentyl)-1H-indol-3-yl)(2,2,3,3
279 tetramethylcyclopropyl)methanone.
280 154. AKB48 (1-pentyl-N-tricyclo[3.3.1.13,7]dec-1-yl-1H
281 indazole-3-carboxamide).
282 155. AM-2233((2-iodophenyl)[1-[(1-methyl-2
283 piperidinyl)methyl]-1H-indol-3-yl]-methanone).
284 156. STS-135 (1-(5-fluoropentyl)-N-tricyclo[3.3.1.13,7]dec
285 1-yl-1H-indole-3-carboxamide).
286 157. URB-597 ((3’-(aminocarbonyl)[1,1’-biphenyl]-3-yl)
287 cyclohexylcarbamate).
288 158. URB-602 ([1,1’-biphenyl]-3-yl-carbamic acid,
289 cyclohexyl ester).
290 159. URB-754 (6-methyl-2-[(4-methylphenyl)amino]-1
291 benzoxazin-4-one).
292 160. 2C-D (2-(2,5-Dimethoxy-4-methylphenyl)ethanamine).
293 161. 2C-H (2-(2,5-Dimethoxyphenyl)ethanamine).
294 162. 2C-N (2-(2,5-Dimethoxy-4-nitrophenyl)ethanamine).
295 163. 2C-P (2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine).
296 164. 25I-NBOMe (4-iodo-2,5-dimethoxy-N-[(2
297 methoxyphenyl)methyl]-benzeneethanamine).
298 165. 3,4-Methylenedioxymethamphetamine (MDMA).
299 166. PB-22 (1-pentyl-8-quinolinyl ester-1H-indole-3
300 carboxylic acid).
301 167. 5-Fluoro PB-22 (8-quinolinyl ester-1-(5-fluoropentyl)
302 1H-indole-3-carboxylic acid).
303 168. BB-22 (1-(cyclohexylmethyl)-8-quinolinyl ester-1H
304 indole-3-carboxylic acid).
305 169. 5-Fluoro AKB48 (N-((3s,5s,7s)-adamantan-1-yl)-1-(5
306 fluoropentyl)-1H-indazole-3-carboxamide).
307 170. AB-PINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1
308 pentyl-1H-indazole-3-carboxamide).
309 171. AB-FUBINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1
310 (4-fluorobenzyl)-1H-indazole-3-carboxamide).
311 172. ADB-PINACA (N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl)
312 1-pentyl-1H-indazole-3-carboxamide).
313 173. Fluoro ADBICA (N-(1-Amino-3,3-dimethyl-1-oxobutan-2
314 yl)-1-(fluoropentyl)-1H-indole-3-carboxamide).
315 174. 25B-NBOMe (4-bromo-2,5-dimethoxy-N-[(2
316 methoxyphenyl)methyl]-benzeneethanamine).
317 175. 2C-C-NBOMe (4-chloro-2,5-dimethoxy-N-[(2
318 methoxyphenyl)methyl]-benzeneethanamine).
319 176. AB-CHMINACA: N-[1-(aminocarbonyl)-2-methylpropyl]-1
320 (cyclohexylmethyl)-1H-indazole-3-carboxamide.
321 177. FUB-PB-22: Quinolin-8-yl-1-(4-fluorobenzyl)-1H-indole
322 3-carboxylate.
323 178. Fluoro-NNEI: 1-(Fluoropentyl)-N-(naphthalen-1-yl)-1H
324 indole-3-carboxamide.
325 179. Fluoro-AMB: Methyl 2-(1-(fluoropentyl)-1H-indazole-3
326 carboxamido)-3-methylbutanoate.
327 180. THJ-2201: [1-(5-Fluoropentyl)-1H-indazol-3
328 yl](naphthalen-1-yl)methanone.
329 181. Mitragynine or 7-Hydroxymitragynine, except for any
330 drug product approved by the United States Food and Drug
331 Administration which contains Mitragynine or 7
332 Hydroxymitragynine, including any of their isomers, esters,
333 ethers, salts, and salts of isomers, esters, and ethers, if the
334 existence of such isomers, esters, ethers, and salts is possible
335 within the specific chemical designation.
336 Section 2. Subsection (11) is added to section 893.13,
337 Florida Statutes, to read:
338 893.13 Prohibited acts; penalties.—
339 (11) Notwithstanding any other provision of this section, a
340 person who possesses, purchases, sells, delivers, manufactures,
341 or brings into this state a controlled substance described in s.
342 893.03(1)(c)181., commits a misdemeanor of the first degree,
343 punishable as provided in s. 775.082 or s. 775.083.
344 Section 3. For the purpose of incorporating the amendment
345 made by this act to section 893.03, Florida Statutes, in a
346 reference thereto, paragraphs (a) and (g) of subsection (30) of
347 section 39.01, Florida Statutes, are reenacted to read:
348 39.01 Definitions.—When used in this chapter, unless the
349 context otherwise requires:
350 (30) “Harm” to a child’s health or welfare can occur when
351 any person:
352 (a) Inflicts or allows to be inflicted upon the child
353 physical, mental, or emotional injury. In determining whether
354 harm has occurred, the following factors must be considered in
355 evaluating any physical, mental, or emotional injury to a child:
356 the age of the child; any prior history of injuries to the
357 child; the location of the injury on the body of the child; the
358 multiplicity of the injury; and the type of trauma inflicted.
359 Such injury includes, but is not limited to:
360 1. Willful acts that produce the following specific
361 injuries:
362 a. Sprains, dislocations, or cartilage damage.
363 b. Bone or skull fractures.
364 c. Brain or spinal cord damage.
365 d. Intracranial hemorrhage or injury to other internal
366 organs.
367 e. Asphyxiation, suffocation, or drowning.
368 f. Injury resulting from the use of a deadly weapon.
369 g. Burns or scalding.
370 h. Cuts, lacerations, punctures, or bites.
371 i. Permanent or temporary disfigurement.
372 j. Permanent or temporary loss or impairment of a body part
373 or function.
374
375 As used in this subparagraph, the term “willful” refers to the
376 intent to perform an action, not to the intent to achieve a
377 result or to cause an injury.
378 2. Purposely giving a child poison, alcohol, drugs, or
379 other substances that substantially affect the child’s behavior,
380 motor coordination, or judgment or that result in sickness or
381 internal injury. For the purposes of this subparagraph, the term
382 “drugs” means prescription drugs not prescribed for the child or
383 not administered as prescribed, and controlled substances as
384 outlined in Schedule I or Schedule II of s. 893.03.
385 3. Leaving a child without adult supervision or arrangement
386 appropriate for the child’s age or mental or physical condition,
387 so that the child is unable to care for the child’s own needs or
388 another’s basic needs or is unable to exercise good judgment in
389 responding to any kind of physical or emotional crisis.
390 4. Inappropriate or excessively harsh disciplinary action
391 that is likely to result in physical injury, mental injury as
392 defined in this section, or emotional injury. The significance
393 of any injury must be evaluated in light of the following
394 factors: the age of the child; any prior history of injuries to
395 the child; the location of the injury on the body of the child;
396 the multiplicity of the injury; and the type of trauma
397 inflicted. Corporal discipline may be considered excessive or
398 abusive when it results in any of the following or other similar
399 injuries:
400 a. Sprains, dislocations, or cartilage damage.
401 b. Bone or skull fractures.
402 c. Brain or spinal cord damage.
403 d. Intracranial hemorrhage or injury to other internal
404 organs.
405 e. Asphyxiation, suffocation, or drowning.
406 f. Injury resulting from the use of a deadly weapon.
407 g. Burns or scalding.
408 h. Cuts, lacerations, punctures, or bites.
409 i. Permanent or temporary disfigurement.
410 j. Permanent or temporary loss or impairment of a body part
411 or function.
412 k. Significant bruises or welts.
413 (g) Exposes a child to a controlled substance or alcohol.
414 Exposure to a controlled substance or alcohol is established by:
415 1. A test, administered at birth, which indicated that the
416 child’s blood, urine, or meconium contained any amount of
417 alcohol or a controlled substance or metabolites of such
418 substances, the presence of which was not the result of medical
419 treatment administered to the mother or the newborn infant; or
420 2. Evidence of extensive, abusive, and chronic use of a
421 controlled substance or alcohol by a parent when the child is
422 demonstrably adversely affected by such usage.
423
424 As used in this paragraph, the term “controlled substance” means
425 prescription drugs not prescribed for the parent or not
426 administered as prescribed and controlled substances as outlined
427 in Schedule I or Schedule II of s. 893.03.
428 Section 4. For the purpose of incorporating the amendment
429 made by this act to section 893.03, Florida Statutes, in a
430 reference thereto, subsection (5) of section 316.193, Florida
431 Statutes, is reenacted to read:
432 316.193 Driving under the influence; penalties.—
433 (5) The court shall place all offenders convicted of
434 violating this section on monthly reporting probation and shall
435 require completion of a substance abuse course conducted by a
436 DUI program licensed by the department under s. 322.292, which
437 must include a psychosocial evaluation of the offender. If the
438 DUI program refers the offender to an authorized substance abuse
439 treatment provider for substance abuse treatment, in addition to
440 any sentence or fine imposed under this section, completion of
441 all such education, evaluation, and treatment is a condition of
442 reporting probation. The offender shall assume reasonable costs
443 for such education, evaluation, and treatment. The referral to
444 treatment resulting from a psychosocial evaluation shall not be
445 waived without a supporting independent psychosocial evaluation
446 conducted by an authorized substance abuse treatment provider
447 appointed by the court, which shall have access to the DUI
448 program’s psychosocial evaluation before the independent
449 psychosocial evaluation is conducted. The court shall review the
450 results and recommendations of both evaluations before
451 determining the request for waiver. The offender shall bear the
452 full cost of this procedure. The term “substance abuse” means
453 the abuse of alcohol or any substance named or described in
454 Schedules I through V of s. 893.03. If an offender referred to
455 treatment under this subsection fails to report for or complete
456 such treatment or fails to complete the DUI program substance
457 abuse education course and evaluation, the DUI program shall
458 notify the court and the department of the failure. Upon receipt
459 of the notice, the department shall cancel the offender’s
460 driving privilege, notwithstanding the terms of the court order
461 or any suspension or revocation of the driving privilege. The
462 department may temporarily reinstate the driving privilege on a
463 restricted basis upon verification from the DUI program that the
464 offender is currently participating in treatment and the DUI
465 education course and evaluation requirement has been completed.
466 If the DUI program notifies the department of the second failure
467 to complete treatment, the department shall reinstate the
468 driving privilege only after notice of completion of treatment
469 from the DUI program. The organization that conducts the
470 substance abuse education and evaluation may not provide
471 required substance abuse treatment unless a waiver has been
472 granted to that organization by the department. A waiver may be
473 granted only if the department determines, in accordance with
474 its rules, that the service provider that conducts the substance
475 abuse education and evaluation is the most appropriate service
476 provider and is licensed under chapter 397 or is exempt from
477 such licensure. A statistical referral report shall be submitted
478 quarterly to the department by each organization authorized to
479 provide services under this section.
480 Section 5. For the purpose of incorporating the amendment
481 made by this act to section 893.03, Florida Statutes, in a
482 reference thereto, paragraph (c) of subsection (2) of section
483 322.2616, Florida Statutes, is reenacted to read:
484 322.2616 Suspension of license; persons under 21 years of
485 age; right to review.—
486 (2)
487 (c) When a driver subject to this section has a blood
488 alcohol or breath-alcohol level of 0.05 or higher, the
489 suspension shall remain in effect until such time as the driver
490 has completed a substance abuse course offered by a DUI program
491 licensed by the department. The driver shall assume the
492 reasonable costs for the substance abuse course. As part of the
493 substance abuse course, the program shall conduct a substance
494 abuse evaluation of the driver, and notify the parents or legal
495 guardians of drivers under the age of 19 years of the results of
496 the evaluation. The term “substance abuse” means the abuse of
497 alcohol or any substance named or described in Schedules I
498 through V of s. 893.03. If a driver fails to complete the
499 substance abuse education course and evaluation, the driver
500 license shall not be reinstated by the department.
501 Section 6. For the purpose of incorporating the amendment
502 made by this act to section 893.03, Florida Statutes, in a
503 reference thereto, subsection (5) of section 327.35, Florida
504 Statutes, is reenacted to read:
505 327.35 Boating under the influence; penalties; “designated
506 drivers.”—
507 (5) In addition to any sentence or fine, the court shall
508 place any offender convicted of violating this section on
509 monthly reporting probation and shall require attendance at a
510 substance abuse course specified by the court; and the agency
511 conducting the course may refer the offender to an authorized
512 service provider for substance abuse evaluation and treatment,
513 in addition to any sentence or fine imposed under this section.
514 The offender shall assume reasonable costs for such education,
515 evaluation, and treatment, with completion of all such
516 education, evaluation, and treatment being a condition of
517 reporting probation. Treatment resulting from a psychosocial
518 evaluation may not be waived without a supporting psychosocial
519 evaluation conducted by an agency appointed by the court and
520 with access to the original evaluation. The offender shall bear
521 the cost of this procedure. The term “substance abuse” means the
522 abuse of alcohol or any substance named or described in
523 Schedules I-V of s. 893.03.
524 Section 7. For the purpose of incorporating the amendment
525 made by this act to section 893.03, Florida Statutes, in a
526 reference thereto, paragraph (b) of subsection (11) of section
527 440.102, Florida Statutes, is reenacted to read:
528 440.102 Drug-free workplace program requirements.—The
529 following provisions apply to a drug-free workplace program
530 implemented pursuant to law or to rules adopted by the Agency
531 for Health Care Administration:
532 (11) PUBLIC EMPLOYEES IN MANDATORY-TESTING OR SPECIAL-RISK
533 POSITIONS.—
534 (b) An employee who is employed by a public employer in a
535 special-risk position may be discharged or disciplined by a
536 public employer for the first positive confirmed test result if
537 the drug confirmed is an illicit drug under s. 893.03. A
538 special-risk employee who is participating in an employee
539 assistance program or drug rehabilitation program may not be
540 allowed to continue to work in any special-risk or mandatory
541 testing position of the public employer, but may be assigned to
542 a position other than a mandatory-testing position or placed on
543 leave while the employee is participating in the program.
544 However, the employee shall be permitted to use any accumulated
545 annual leave credits before leave may be ordered without pay.
546 Section 8. For the purpose of incorporating the amendment
547 made by this act to section 893.03, Florida Statutes, in a
548 reference thereto, paragraph (e) of subsection (1) of section
549 458.3265, Florida Statutes, is reenacted to read:
550 458.3265 Pain-management clinics.—
551 (1) REGISTRATION.—
552 (e) The department shall deny registration to any pain
553 management clinic owned by or with any contractual or employment
554 relationship with a physician:
555 1. Whose Drug Enforcement Administration number has ever
556 been revoked.
557 2. Whose application for a license to prescribe, dispense,
558 or administer a controlled substance has been denied by any
559 jurisdiction.
560 3. Who has been convicted of or pleaded guilty or nolo
561 contendere to, regardless of adjudication, an offense that
562 constitutes a felony for receipt of illicit and diverted drugs,
563 including a controlled substance listed in Schedule I, Schedule
564 II, Schedule III, Schedule IV, or Schedule V of s. 893.03, in
565 this state, any other state, or the United States.
566 Section 9. For the purpose of incorporating the amendment
567 made by this act to section 893.03, Florida Statutes, in a
568 reference thereto, paragraph (e) of subsection (1) of section
569 459.0137, Florida Statutes, is reenacted to read:
570 459.0137 Pain-management clinics.—
571 (1) REGISTRATION.—
572 (e) The department shall deny registration to any pain
573 management clinic owned by or with any contractual or employment
574 relationship with a physician:
575 1. Whose Drug Enforcement Administration number has ever
576 been revoked.
577 2. Whose application for a license to prescribe, dispense,
578 or administer a controlled substance has been denied by any
579 jurisdiction.
580 3. Who has been convicted of or pleaded guilty or nolo
581 contendere to, regardless of adjudication, an offense that
582 constitutes a felony for receipt of illicit and diverted drugs,
583 including a controlled substance listed in Schedule I, Schedule
584 II, Schedule III, Schedule IV, or Schedule V of s. 893.03, in
585 this state, any other state, or the United States.
586 Section 10. For the purpose of incorporating the amendment
587 made by this act to section 893.03, Florida Statutes, in a
588 reference thereto, paragraph (a) of subsection (1) and
589 subsection (4) of section 782.04, Florida Statutes, are
590 reenacted to read:
591 782.04 Murder.—
592 (1)(a) The unlawful killing of a human being:
593 1. When perpetrated from a premeditated design to effect
594 the death of the person killed or any human being;
595 2. When committed by a person engaged in the perpetration
596 of, or in the attempt to perpetrate, any:
597 a. Trafficking offense prohibited by s. 893.135(1),
598 b. Arson,
599 c. Sexual battery,
600 d. Robbery,
601 e. Burglary,
602 f. Kidnapping,
603 g. Escape,
604 h. Aggravated child abuse,
605 i. Aggravated abuse of an elderly person or disabled adult,
606 j. Aircraft piracy,
607 k. Unlawful throwing, placing, or discharging of a
608 destructive device or bomb,
609 l. Carjacking,
610 m. Home-invasion robbery,
611 n. Aggravated stalking,
612 o. Murder of another human being,
613 p. Resisting an officer with violence to his or her person,
614 q. Aggravated fleeing or eluding with serious bodily injury
615 or death,
616 r. Felony that is an act of terrorism or is in furtherance
617 of an act of terrorism; or
618 3. Which resulted from the unlawful distribution of any
619 substance controlled under s. 893.03(1), cocaine as described in
620 s. 893.03(2)(a)4., opium or any synthetic or natural salt,
621 compound, derivative, or preparation of opium, or methadone by a
622 person 18 years of age or older, when such drug is proven to be
623 the proximate cause of the death of the user,
624
625 is murder in the first degree and constitutes a capital felony,
626 punishable as provided in s. 775.082.
627 (4) The unlawful killing of a human being, when perpetrated
628 without any design to effect death, by a person engaged in the
629 perpetration of, or in the attempt to perpetrate, any felony
630 other than any:
631 (a) Trafficking offense prohibited by s. 893.135(1),
632 (b) Arson,
633 (c) Sexual battery,
634 (d) Robbery,
635 (e) Burglary,
636 (f) Kidnapping,
637 (g) Escape,
638 (h) Aggravated child abuse,
639 (i) Aggravated abuse of an elderly person or disabled
640 adult,
641 (j) Aircraft piracy,
642 (k) Unlawful throwing, placing, or discharging of a
643 destructive device or bomb,
644 (l) Unlawful distribution of any substance controlled under
645 s. 893.03(1), cocaine as described in s. 893.03(2)(a)4., or
646 opium or any synthetic or natural salt, compound, derivative, or
647 preparation of opium by a person 18 years of age or older, when
648 such drug is proven to be the proximate cause of the death of
649 the user,
650 (m) Carjacking,
651 (n) Home-invasion robbery,
652 (o) Aggravated stalking,
653 (p) Murder of another human being,
654 (q) Aggravated fleeing or eluding with serious bodily
655 injury or death,
656 (r) Resisting an officer with violence to his or her
657 person, or
658 (s) Felony that is an act of terrorism or is in furtherance
659 of an act of terrorism,
660
661 is murder in the third degree and constitutes a felony of the
662 second degree, punishable as provided in s. 775.082, s. 775.083,
663 or s. 775.084.
664 Section 11. For the purpose of incorporating the amendment
665 made by this act to section 893.03, Florida Statutes, in a
666 reference thereto, paragraph (a) of subsection (2) of section
667 787.06, Florida Statutes, is reenacted to read:
668 787.06 Human trafficking.—
669 (2) As used in this section, the term:
670 (a) “Coercion” means:
671 1. Using or threatening to use physical force against any
672 person;
673 2. Restraining, isolating, or confining or threatening to
674 restrain, isolate, or confine any person without lawful
675 authority and against her or his will;
676 3. Using lending or other credit methods to establish a
677 debt by any person when labor or services are pledged as a
678 security for the debt, if the value of the labor or services as
679 reasonably assessed is not applied toward the liquidation of the
680 debt, the length and nature of the labor or services are not
681 respectively limited and defined;
682 4. Destroying, concealing, removing, confiscating,
683 withholding, or possessing any actual or purported passport,
684 visa, or other immigration document, or any other actual or
685 purported government identification document, of any person;
686 5. Causing or threatening to cause financial harm to any
687 person;
688 6. Enticing or luring any person by fraud or deceit; or
689 7. Providing a controlled substance as outlined in Schedule
690 I or Schedule II of s. 893.03 to any person for the purpose of
691 exploitation of that person.
692 Section 12. For the purpose of incorporating the amendment
693 made by this act to section 893.03, Florida Statutes, in a
694 reference thereto, section 817.563, Florida Statutes, is
695 reenacted to read:
696 817.563 Controlled substance named or described in s.
697 893.03; sale of substance in lieu thereof.—It is unlawful for
698 any person to agree, consent, or in any manner offer to
699 unlawfully sell to any person a controlled substance named or
700 described in s. 893.03 and then sell to such person any other
701 substance in lieu of such controlled substance. Any person who
702 violates this section with respect to:
703 (1) A controlled substance named or described in s.
704 893.03(1), (2), (3), or (4) is guilty of a felony of the third
705 degree, punishable as provided in s. 775.082, s. 775.083, or s.
706 775.084.
707 (2) A controlled substance named or described in s.
708 893.03(5) is guilty of a misdemeanor of the second degree,
709 punishable as provided in s. 775.082 or s. 775.083.
710 Section 13. For the purpose of incorporating the amendment
711 made by this act to section 893.03, Florida Statutes, in a
712 reference thereto, paragraph (a) of subsection (1) and
713 subsection (2) of section 831.31, Florida Statutes, are
714 reenacted to read:
715 831.31 Counterfeit controlled substance; sale, manufacture,
716 delivery, or possession with intent to sell, manufacture, or
717 deliver.—
718 (1) It is unlawful for any person to sell, manufacture, or
719 deliver, or to possess with intent to sell, manufacture, or
720 deliver, a counterfeit controlled substance. Any person who
721 violates this subsection with respect to:
722 (a) A controlled substance named or described in s.
723 893.03(1), (2), (3), or (4) is guilty of a felony of the third
724 degree, punishable as provided in s. 775.082, s. 775.083, or s.
725 775.084.
726 (2) For purposes of this section, “counterfeit controlled
727 substance” means:
728 (a) A controlled substance named or described in s. 893.03
729 which, or the container or labeling of which, without
730 authorization bears the trademark, trade name, or other
731 identifying mark, imprint, or number, or any likeness thereof,
732 of a manufacturer other than the person who in fact manufactured
733 the controlled substance; or
734 (b) Any substance which is falsely identified as a
735 controlled substance named or described in s. 893.03.
736 Section 14. For the purpose of incorporating the amendment
737 made by this act to section 893.03, Florida Statutes, in a
738 reference thereto, paragraph (c) of subsection (1) of section
739 856.015, Florida Statutes, is reenacted to read:
740 856.015 Open house parties.—
741 (1) Definitions.—As used in this section:
742 (c) “Drug” means a controlled substance, as that term is
743 defined in ss. 893.02(4) and 893.03.
744 Section 15. For the purpose of incorporating the amendment
745 made by this act to section 893.03, Florida Statutes, in a
746 reference thereto, subsection (4) of section 893.02, Florida
747 Statutes, is reenacted to read:
748 893.02 Definitions.—The following words and phrases as used
749 in this chapter shall have the following meanings, unless the
750 context otherwise requires:
751 (4) “Controlled substance” means any substance named or
752 described in Schedules I-V of s. 893.03. Laws controlling the
753 manufacture, distribution, preparation, dispensing, or
754 administration of such substances are drug abuse laws.
755 Section 16. For the purpose of incorporating the amendment
756 made by this act to section 893.03, Florida Statutes, in a
757 reference thereto, subsection (2), paragraph (a) of subsection
758 (7), and paragraph (a) of subsection (8) of section 893.035,
759 Florida Statutes, are reenacted to read:
760 893.035 Control of new substances; findings of fact;
761 delegation of authority to Attorney General to control
762 substances by rule.—
763 (2) The Attorney General shall apply the provisions of this
764 section to any substance not currently controlled under the
765 provisions of s. 893.03. The Attorney General may by rule:
766 (a) Add a substance to a schedule established by s. 893.03,
767 or transfer a substance between schedules, if he or she finds
768 that it has a potential for abuse and he or she makes with
769 respect to it the other findings appropriate for classification
770 in the particular schedule under s. 893.03 in which it is to be
771 placed.
772 (b) Remove a substance previously added to a schedule if he
773 or she finds the substance does not meet the requirements for
774 inclusion in that schedule.
775
776 Rules adopted under this section shall be made pursuant to the
777 rulemaking procedures prescribed by chapter 120.
778 (7)(a) If the Attorney General finds that the scheduling of
779 a substance in Schedule I of s. 893.03 on a temporary basis is
780 necessary to avoid an imminent hazard to the public safety, he
781 or she may by rule and without regard to the requirements of
782 subsection (5) relating to the Department of Health and the
783 Department of Law Enforcement schedule such substance in
784 Schedule I if the substance is not listed in any other schedule
785 of s. 893.03. The Attorney General shall be required to
786 consider, with respect to his or her finding of imminent hazard
787 to the public safety, only those factors set forth in paragraphs
788 (3)(a) and (4)(d), (e), and (f), including actual abuse,
789 diversion from legitimate channels, and clandestine importation,
790 manufacture, or distribution.
791 (8)(a) Upon the effective date of a rule adopted pursuant
792 to this section adding or transferring a substance to a schedule
793 under s. 893.03, such substance shall be deemed included in that
794 schedule, and all provisions of this chapter applicable to
795 substances in that schedule shall be deemed applicable to such
796 substance.
797 Section 17. For the purpose of incorporating the amendment
798 made by this act to section 893.03, Florida Statutes, in a
799 reference thereto, paragraph (a) of subsection (2) and
800 subsection (5) of section 893.0356, Florida Statutes, are
801 reenacted to read:
802 893.0356 Control of new substances; findings of fact;
803 “controlled substance analog” defined.—
804 (2)(a) As used in this section, “controlled substance
805 analog” means a substance which, due to its chemical structure
806 and potential for abuse, meets the following criteria:
807 1. Is substantially similar to that of a controlled
808 substance listed in Schedule I or Schedule II of s. 893.03; and
809 2. Has a stimulant, depressant, or hallucinogenic effect on
810 the central nervous system or is represented or intended to have
811 a stimulant, depressant, or hallucinogenic effect on the central
812 nervous system substantially similar to or greater than that of
813 a controlled substance listed in Schedule I or Schedule II of s.
814 893.03.
815 (5) A controlled substance analog shall, for purposes of
816 drug abuse prevention and control, be treated as a controlled
817 substance in Schedule I of s. 893.03.
818 Section 18. For the purpose of incorporating the amendment
819 made by this act to section 893.03, Florida Statutes, in a
820 reference thereto, subsection (1) of section 893.05, Florida
821 Statutes, is reenacted to read:
822 893.05 Practitioners and persons administering controlled
823 substances in their absence.—
824 (1) A practitioner, in good faith and in the course of his
825 or her professional practice only, may prescribe, administer,
826 dispense, mix, or otherwise prepare a controlled substance, or
827 the practitioner may cause the same to be administered by a
828 licensed nurse or an intern practitioner under his or her
829 direction and supervision only. A veterinarian may so prescribe,
830 administer, dispense, mix, or prepare a controlled substance for
831 use on animals only, and may cause it to be administered by an
832 assistant or orderly under the veterinarian’s direction and
833 supervision only. A certified optometrist licensed under chapter
834 463 may not administer or prescribe a controlled substance
835 listed in Schedule I or Schedule II of s. 893.03.
836 Section 19. For the purpose of incorporating the amendment
837 made by this act to section 893.03, Florida Statutes, in a
838 reference thereto, paragraphs (b), (c), and (d) of subsection
839 (2) of section 893.12, Florida Statutes, are reenacted to read:
840 893.12 Contraband; seizure, forfeiture, sale.—
841 (2)
842 (b) All real property, including any right, title,
843 leasehold interest, and other interest in the whole of any lot
844 or tract of land and any appurtenances or improvements, which
845 real property is used, or intended to be used, in any manner or
846 part, to commit or to facilitate the commission of, or which
847 real property is acquired with proceeds obtained as a result of,
848 a violation of any provision of this chapter related to a
849 controlled substance described in s. 893.03(1) or (2) may be
850 seized and forfeited as provided by the Florida Contraband
851 Forfeiture Act except that no property shall be forfeited under
852 this paragraph to the extent of an interest of an owner or
853 lienholder by reason of any act or omission established by that
854 owner or lienholder to have been committed or omitted without
855 the knowledge or consent of that owner or lienholder.
856 (c) All moneys, negotiable instruments, securities, and
857 other things of value furnished or intended to be furnished by
858 any person in exchange for a controlled substance described in
859 s. 893.03(1) or (2) or a listed chemical in violation of any
860 provision of this chapter, all proceeds traceable to such an
861 exchange, and all moneys, negotiable instruments, and securities
862 used or intended to be used to facilitate any violation of any
863 provision of this chapter or which are acquired with proceeds
864 obtained in violation of any provision of this chapter may be
865 seized and forfeited as provided by the Florida Contraband
866 Forfeiture Act, except that no property shall be forfeited under
867 this paragraph to the extent of an interest of an owner or
868 lienholder by reason of any act or omission established by that
869 owner or lienholder to have been committed or omitted without
870 the knowledge or consent of that owner or lienholder.
871 (d) All books, records, and research, including formulas,
872 microfilm, tapes, and data which are used, or intended for use,
873 or which are acquired with proceeds obtained, in violation of
874 any provision of this chapter related to a controlled substance
875 described in s. 893.03(1) or (2) or a listed chemical may be
876 seized and forfeited as provided by the Florida Contraband
877 Forfeiture Act.
878 Section 20. For the purpose of incorporating the amendment
879 made by this act to section 893.03, Florida Statutes, in a
880 reference thereto, paragraphs (a), (c), (d), (e), (f), and (h)
881 of subsection (1), paragraph (a) of subsection (2), paragraph
882 (b) of subsection (4), paragraph (b) of subsection (5), and
883 paragraph (a) of subsection (7) of section 893.13, Florida
884 Statutes, are reenacted to read:
885 893.13 Prohibited acts; penalties.—
886 (1)(a) Except as authorized by this chapter and chapter
887 499, a person may not sell, manufacture, or deliver, or possess
888 with intent to sell, manufacture, or deliver, a controlled
889 substance. A person who violates this provision with respect to:
890 1. A controlled substance named or described in s.
891 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
892 commits a felony of the second degree, punishable as provided in
893 s. 775.082, s. 775.083, or s. 775.084.
894 2. A controlled substance named or described in s.
895 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
896 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
897 the third degree, punishable as provided in s. 775.082, s.
898 775.083, or s. 775.084.
899 3. A controlled substance named or described in s.
900 893.03(5) commits a misdemeanor of the first degree, punishable
901 as provided in s. 775.082 or s. 775.083.
902 (c) Except as authorized by this chapter, a person may not
903 sell, manufacture, or deliver, or possess with intent to sell,
904 manufacture, or deliver, a controlled substance in, on, or
905 within 1,000 feet of the real property comprising a child care
906 facility as defined in s. 402.302 or a public or private
907 elementary, middle, or secondary school between the hours of 6
908 a.m. and 12 midnight, or at any time in, on, or within 1,000
909 feet of real property comprising a state, county, or municipal
910 park, a community center, or a publicly owned recreational
911 facility. As used in this paragraph, the term “community center”
912 means a facility operated by a nonprofit community-based
913 organization for the provision of recreational, social, or
914 educational services to the public. A person who violates this
915 paragraph with respect to:
916 1. A controlled substance named or described in s.
917 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
918 commits a felony of the first degree, punishable as provided in
919 s. 775.082, s. 775.083, or s. 775.084. The defendant must be
920 sentenced to a minimum term of imprisonment of 3 calendar years
921 unless the offense was committed within 1,000 feet of the real
922 property comprising a child care facility as defined in s.
923 402.302.
924 2. A controlled substance named or described in s.
925 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
926 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
927 the second degree, punishable as provided in s. 775.082, s.
928 775.083, or s. 775.084.
929 3. Any other controlled substance, except as lawfully sold,
930 manufactured, or delivered, must be sentenced to pay a $500 fine
931 and to serve 100 hours of public service in addition to any
932 other penalty prescribed by law.
933
934 This paragraph does not apply to a child care facility unless
935 the owner or operator of the facility posts a sign that is not
936 less than 2 square feet in size with a word legend identifying
937 the facility as a licensed child care facility and that is
938 posted on the property of the child care facility in a
939 conspicuous place where the sign is reasonably visible to the
940 public.
941 (d) Except as authorized by this chapter, a person may not
942 sell, manufacture, or deliver, or possess with intent to sell,
943 manufacture, or deliver, a controlled substance in, on, or
944 within 1,000 feet of the real property comprising a public or
945 private college, university, or other postsecondary educational
946 institution. A person who violates this paragraph with respect
947 to:
948 1. A controlled substance named or described in s.
949 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
950 commits a felony of the first degree, punishable as provided in
951 s. 775.082, s. 775.083, or s. 775.084.
952 2. A controlled substance named or described in s.
953 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
954 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
955 the second degree, punishable as provided in s. 775.082, s.
956 775.083, or s. 775.084.
957 3. Any other controlled substance, except as lawfully sold,
958 manufactured, or delivered, must be sentenced to pay a $500 fine
959 and to serve 100 hours of public service in addition to any
960 other penalty prescribed by law.
961 (e) Except as authorized by this chapter, a person may not
962 sell, manufacture, or deliver, or possess with intent to sell,
963 manufacture, or deliver, a controlled substance not authorized
964 by law in, on, or within 1,000 feet of a physical place for
965 worship at which a church or religious organization regularly
966 conducts religious services or within 1,000 feet of a
967 convenience business as defined in s. 812.171. A person who
968 violates this paragraph with respect to:
969 1. A controlled substance named or described in s.
970 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
971 commits a felony of the first degree, punishable as provided in
972 s. 775.082, s. 775.083, or s. 775.084.
973 2. A controlled substance named or described in s.
974 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
975 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
976 the second degree, punishable as provided in s. 775.082, s.
977 775.083, or s. 775.084.
978 3. Any other controlled substance, except as lawfully sold,
979 manufactured, or delivered, must be sentenced to pay a $500 fine
980 and to serve 100 hours of public service in addition to any
981 other penalty prescribed by law.
982 (f) Except as authorized by this chapter, a person may not
983 sell, manufacture, or deliver, or possess with intent to sell,
984 manufacture, or deliver, a controlled substance in, on, or
985 within 1,000 feet of the real property comprising a public
986 housing facility at any time. As used in this section, the term
987 “real property comprising a public housing facility” means real
988 property, as defined in s. 421.03(12), of a public corporation
989 created as a housing authority pursuant to part I of chapter
990 421. A person who violates this paragraph with respect to:
991 1. A controlled substance named or described in s.
992 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
993 commits a felony of the first degree, punishable as provided in
994 s. 775.082, s. 775.083, or s. 775.084.
995 2. A controlled substance named or described in s.
996 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
997 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
998 the second degree, punishable as provided in s. 775.082, s.
999 775.083, or s. 775.084.
1000 3. Any other controlled substance, except as lawfully sold,
1001 manufactured, or delivered, must be sentenced to pay a $500 fine
1002 and to serve 100 hours of public service in addition to any
1003 other penalty prescribed by law.
1004 (h) Except as authorized by this chapter, a person may not
1005 sell, manufacture, or deliver, or possess with intent to sell,
1006 manufacture, or deliver, a controlled substance in, on, or
1007 within 1,000 feet of the real property comprising an assisted
1008 living facility, as that term is used in chapter 429. A person
1009 who violates this paragraph with respect to:
1010 1. A controlled substance named or described in s.
1011 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
1012 commits a felony of the first degree, punishable as provided in
1013 s. 775.082, s. 775.083, or s. 775.084.
1014 2. A controlled substance named or described in s.
1015 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
1016 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
1017 the second degree, punishable as provided in s. 775.082, s.
1018 775.083, or s. 775.084.
1019 (2)(a) Except as authorized by this chapter and chapter
1020 499, a person may not purchase, or possess with intent to
1021 purchase, a controlled substance. A person who violates this
1022 provision with respect to:
1023 1. A controlled substance named or described in s.
1024 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
1025 commits a felony of the second degree, punishable as provided in
1026 s. 775.082, s. 775.083, or s. 775.084.
1027 2. A controlled substance named or described in s.
1028 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
1029 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
1030 the third degree, punishable as provided in s. 775.082, s.
1031 775.083, or s. 775.084.
1032 3. A controlled substance named or described in s.
1033 893.03(5) commits a misdemeanor of the first degree, punishable
1034 as provided in s. 775.082 or s. 775.083.
1035 (4) Except as authorized by this chapter, a person 18 years
1036 of age or older may not deliver any controlled substance to a
1037 person younger than 18 years of age, use or hire a person
1038 younger than 18 years of age as an agent or employee in the sale
1039 or delivery of such a substance, or use such person to assist in
1040 avoiding detection or apprehension for a violation of this
1041 chapter. A person who violates this provision with respect to:
1042 (b) A controlled substance named or described in s.
1043 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
1044 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
1045 the second degree, punishable as provided in s. 775.082, s.
1046 775.083, or s. 775.084.
1047
1048 Imposition of sentence may not be suspended or deferred, and the
1049 person so convicted may not be placed on probation.
1050 (5) A person may not bring into this state any controlled
1051 substance unless the possession of such controlled substance is
1052 authorized by this chapter or unless such person is licensed to
1053 do so by the appropriate federal agency. A person who violates
1054 this provision with respect to:
1055 (b) A controlled substance named or described in s.
1056 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
1057 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
1058 the third degree, punishable as provided in s. 775.082, s.
1059 775.083, or s. 775.084.
1060 (7)(a) A person may not:
1061 1. Distribute or dispense a controlled substance in
1062 violation of this chapter.
1063 2. Refuse or fail to make, keep, or furnish any record,
1064 notification, order form, statement, invoice, or information
1065 required under this chapter.
1066 3. Refuse entry into any premises for any inspection or
1067 refuse to allow any inspection authorized by this chapter.
1068 4. Distribute a controlled substance named or described in
1069 s. 893.03(1) or (2) except pursuant to an order form as required
1070 by s. 893.06.
1071 5. Keep or maintain any store, shop, warehouse, dwelling,
1072 building, vehicle, boat, aircraft, or other structure or place
1073 which is resorted to by persons using controlled substances in
1074 violation of this chapter for the purpose of using these
1075 substances, or which is used for keeping or selling them in
1076 violation of this chapter.
1077 6. Use to his or her own personal advantage, or reveal, any
1078 information obtained in enforcement of this chapter except in a
1079 prosecution or administrative hearing for a violation of this
1080 chapter.
1081 7. Possess a prescription form unless it has been signed by
1082 the practitioner whose name appears printed thereon and
1083 completed. This subparagraph does not apply if the person in
1084 possession of the form is the practitioner whose name appears
1085 printed thereon, an agent or employee of that practitioner, a
1086 pharmacist, or a supplier of prescription forms who is
1087 authorized by that practitioner to possess those forms.
1088 8. Withhold information from a practitioner from whom the
1089 person seeks to obtain a controlled substance or a prescription
1090 for a controlled substance that the person making the request
1091 has received a controlled substance or a prescription for a
1092 controlled substance of like therapeutic use from another
1093 practitioner within the previous 30 days.
1094 9. Acquire or obtain, or attempt to acquire or obtain,
1095 possession of a controlled substance by misrepresentation,
1096 fraud, forgery, deception, or subterfuge.
1097 10. Affix any false or forged label to a package or
1098 receptacle containing a controlled substance.
1099 11. Furnish false or fraudulent material information in, or
1100 omit any material information from, any report or other document
1101 required to be kept or filed under this chapter or any record
1102 required to be kept by this chapter.
1103 12. Store anhydrous ammonia in a container that is not
1104 approved by the United States Department of Transportation to
1105 hold anhydrous ammonia or is not constructed in accordance with
1106 sound engineering, agricultural, or commercial practices.
1107 13. With the intent to obtain a controlled substance or
1108 combination of controlled substances that are not medically
1109 necessary for the person or an amount of a controlled substance
1110 or substances that is not medically necessary for the person,
1111 obtain or attempt to obtain from a practitioner a controlled
1112 substance or a prescription for a controlled substance by
1113 misrepresentation, fraud, forgery, deception, subterfuge, or
1114 concealment of a material fact. For purposes of this
1115 subparagraph, a material fact includes whether the person has an
1116 existing prescription for a controlled substance issued for the
1117 same period of time by another practitioner or as described in
1118 subparagraph 8.
1119 Section 21. For the purpose of incorporating the amendment
1120 made by this act to section 893.03, Florida Statutes, in a
1121 reference thereto, paragraphs (b), (c), and (e) of subsection
1122 (3) of section 921.0022, Florida Statutes, are reenacted to
1123 read:
1124 921.0022 Criminal Punishment Code; offense severity ranking
1125 chart.—
1126 (3) OFFENSE SEVERITY RANKING CHART
1127 (b) LEVEL 2
1128
1129
1130 FloridaStatute FelonyDegree Description
1131 379.2431 (1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
1132 379.2431 (1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
1133 403.413(6)(c) 3rd Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste.
1134 517.07(2) 3rd Failure to furnish a prospectus meeting requirements.
1135 590.28(1) 3rd Intentional burning of lands.
1136 784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
1137 787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
1138 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
1139 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
1140 810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
1141 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or more but less than $5,000.
1142 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.
1143 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
1144 817.234(1)(a)2. 3rd False statement in support of insurance claim.
1145 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
1146 817.52(3) 3rd Failure to redeliver hired vehicle.
1147 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
1148 817.60(5) 3rd Dealing in credit cards of another.
1149 817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
1150 817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
1151 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
1152 831.01 3rd Forgery.
1153 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
1154 831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
1155 831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
1156 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
1157 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
1158 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
1159 843.08 3rd False personation.
1160 893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs other than cannabis.
1161 893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
1162 (c) LEVEL 3
1163
1164
1165 FloridaStatute FelonyDegree Description
1166 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
1167 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
1168 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
1169 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
1170 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
1171 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
1172 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
1173 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
1174 327.35(2)(b) 3rd Felony BUI.
1175 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
1176 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
1177 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
1178 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.
1179 379.2431 (1)(e)6. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
1180 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license.
1181 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information.
1182 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
1183 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
1184 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
1185 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
1186 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
1187 697.08 3rd Equity skimming.
1188 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
1189 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
1190 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
1191 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
1192 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
1193 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
1194 815.04(5)(b) 2nd Computer offense devised to defraud or obtain property.
1195 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
1196 817.233 3rd Burning to defraud insurer.
1197 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
1198 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
1199 817.236 3rd Filing a false motor vehicle insurance application.
1200 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
1201 817.413(2) 3rd Sale of used goods as new.
1202 817.505(4) 3rd Patient brokering.
1203 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
1204 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
1205 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards.
1206 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
1207 843.19 3rd Injure, disable, or kill police dog or horse.
1208 860.15(3) 3rd Overcharging for repairs and parts.
1209 870.01(2) 3rd Riot; inciting or encouraging.
1210 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)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
1211 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)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of university.
1212 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)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of public housing facility.
1213 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
1214 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
1215 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
1216 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
1217 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
1218 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.
1219 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.
1220 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
1221 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.
1222 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
1223 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility.
1224 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
1225 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
1226 (e) LEVEL 5
1227
1228
1229 FloridaStatute FelonyDegree Description
1230 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
1231 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
1232 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
1233 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
1234 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
1235 379.3671 (2)(c)3. 3rd Willful molestation, possession, or removal of a commercial harvester’s trap contents or trap gear by another harvester.
1236 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
1237 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
1238 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
1239 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
1240 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
1241 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
1242 790.01(2) 3rd Carrying a concealed firearm.
1243 790.162 2nd Threat to throw or discharge destructive device.
1244 790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
1245 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
1246 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
1247 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
1248 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
1249 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
1250 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
1251 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
1252 812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
1253 812.019(1) 2nd Stolen property; dealing in or trafficking in.
1254 812.131(2)(b) 3rd Robbery by sudden snatching.
1255 812.16(2) 3rd Owning, operating, or conducting a chop shop.
1256 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
1257 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
1258 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.
1259 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.
1260 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
1261 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
1262 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
1263 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
1264 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.
1265 843.01 3rd Resist officer with violence to person; resist arrest with violence.
1266 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
1267 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
1268 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
1269 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
1270 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
1271 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)4. drugs).
1272 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)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (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.
1273 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)4. drugs) within 1,000 feet of university.
1274 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)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
1275 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)4. drugs) within 1,000 feet of public housing facility.
1276 893.13(4)(b) 2nd Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
1277 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
1278 Section 22. This act shall take effect October 1, 2016.
