Bill Text: FL H0039 | 2011 | Regular Session | Introduced

Florida House Bill 39 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Controlled Substances

Spectrum: Slight Partisan Bill (Republican 12-3-2)

Status: (Engrossed - Dead) 2011-05-02 - Ordered enrolled -HJ 1002 [H0039 Detail]

Download: Florida-2011-H0039-Introduced.html

HB 39

A bill to be entitled

An act relating to controlled substances; amending s.

893.02, F.S.; defining the term "homologue" for purposes

of the Florida Comprehensive Drug Abuse Prevention and

Control Act; amending s. 893.03, F.S.; including certain

hallucinogenic substances on the list of controlled

substances in Schedule I; reenacting ss. 893.13(1), (2),

(4) and (5), 893.135(1)(l), and 921.0022(3)(b), (c), and

(e), F.S., relating to prohibited acts and penalties

regarding controlled substances and the offense severity

chart of the Criminal Punishment Code, to incorporate the

amendment to s. 893.03, F.S., in references thereto;

providing an effective date.

Be It Enacted by the Legislature of the State of Florida:

Section 1. Present subsections (11) through (22) of

section 893.02, Florida Statutes, are redesignated as

subsections (12) through (23), respectively, and a new

subsection (11) is added to that section, to read:

893.02 Definitions.-The following words and phrases as

used in this chapter shall have the following meanings, unless

the context otherwise requires:

(11) "Homologue" means a chemical compound in a series in

which each compound differs by one or more alkyl functional

groups on an alkyl side chain.

Section 2. Paragraph (c) of subsection (1) of section

893.03, Florida Statutes, is amended to read:

893.03 Standards and schedules.-The substances enumerated

in this section are controlled by this chapter. The controlled

substances listed or to be listed in Schedules I, II, III, IV,

and V are included by whatever official, common, usual,

chemical, or trade name designated. The provisions of this

section shall not be construed to include within any of the

schedules contained in this section any excluded drugs listed

within the purview of 21 C.F.R. s. 1308.22, styled "Excluded

Substances"; 21 C.F.R. s. 1308.24, styled "Exempt Chemical

Preparations"; 21 C.F.R. s. 1308.32, styled "Exempted

Prescription Products"; or 21 C.F.R. s. 1308.34, styled "Exempt

Anabolic Steroid Products."

(1) SCHEDULE I.-A substance in Schedule I has a high

potential for abuse and has no currently accepted medical use in

treatment in the United States and in its use under medical

supervision does not meet accepted safety standards. The

following substances are controlled in Schedule I:

another schedule, any material, compound, mixture, or

preparation which contains any quantity of the following

hallucinogenic substances or which contains any of their salts,

isomers, and salts of isomers, whenever the existence of such

salts, isomers, and salts of isomers is possible within the

specific chemical designation:

1. Alpha-ethyltryptamine.

2. 2-Amino-4-methyl-5-phenyl-2-oxazoline (4-

methylaminorex).

3. 2-Amino-5-phenyl-2-oxazoline (Aminorex).

4. 4-Bromo-2,5-dimethoxyamphetamine.

5. 4-Bromo-2, 5-dimethoxyphenethylamine.

6. Bufotenine.

7. Cannabis.

8. Cathinone.

9. Diethyltryptamine.

10. 2,5-Dimethoxyamphetamine.

11. 2,5-Dimethoxy-4-ethylamphetamine (DOET).

12. Dimethyltryptamine.

13. N-Ethyl-1-phenylcyclohexylamine (PCE) (Ethylamine

analog of phencyclidine).

14. N-Ethyl-3-piperidyl benzilate.

15. N-ethylamphetamine.

16. Fenethylline.

17. N-Hydroxy-3,4-methylenedioxyamphetamine.

18. Ibogaine.

19. Lysergic acid diethylamide (LSD).

20. Mescaline.

21. Methcathinone.

22. 5-Methoxy-3,4-methylenedioxyamphetamine.

23. 4-methoxyamphetamine.

24. 4-methoxymethamphetamine.

25. 4-Methyl-2,5-dimethoxyamphetamine.

26. 3,4-Methylenedioxy-N-ethylamphetamine.

27. 3,4-Methylenedioxyamphetamine.

28. N-Methyl-3-piperidyl benzilate.

29. N,N-dimethylamphetamine.

30. Parahexyl.

31. Peyote.

32. N-(1-Phenylcyclohexyl)-pyrrolidine (PCPY) (Pyrrolidine

analog of phencyclidine).

33. Psilocybin.

34. Psilocyn.

35. Salvia divinorum, except for any drug product approved

by the United States Food and Drug Administration which contains

Salvia divinorum or its isomers, esters, ethers, salts, and

salts of isomers, esters, and ethers, whenever the existence of

such isomers, esters, ethers, and salts is possible within the

specific chemical designation.

36. Salvinorin A, except for any drug product approved by

the United States Food and Drug Administration which contains

Salvinorin A or its isomers, esters, ethers, salts, and salts of

isomers, esters, and ethers, whenever the existence of such

100

isomers, esters, ethers, and salts is possible within the

101

specific chemical designation.

102

37. Tetrahydrocannabinols.

103

38. 1-[1-(2-Thienyl)-cyclohexyl]-piperidine (TCP)

104

(Thiophene analog of phencyclidine).

105

39. 3,4,5-Trimethoxyamphetamine.

106

40. 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-

107

yl)phenol, also known as CP 47,497 and its dimethyloctyl (C8)

108

homologue.

109

41. (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-

110

methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo [c]chromen-1-ol,

111

also known as HU-210.

112

42. 1-Pentyl-3-(1-naphthoyl)indole, also known as JWH-018.

113

43. 1-Butyl-3-(1-naphthoyl)indole, also known as JWH-073.

114

Section 3. For the purpose of incorporating the amendment

115

made by this act to section 893.03, Florida Statutes, in

116

references thereto, subsections (1), (2), (4), and (5) of

117

section 893.13, Florida Statutes, are reenacted to read:

118

893.13 Prohibited acts; penalties.-

119

(1)(a) Except as authorized by this chapter and chapter

120

499, it is unlawful for any person to sell, manufacture, or

121

deliver, or possess with intent to sell, manufacture, or

122

deliver, a controlled substance. Any person who violates this

123

provision with respect to:

124

1. A controlled substance named or described in s.

125

893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,

126

commits a felony of the second degree, punishable as provided in

127

s. 775.082, s. 775.083, or s. 775.084.

128

2. A controlled substance named or described in s.

129

893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,

130

(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of

131

the third degree, punishable as provided in s. 775.082, s.

132

775.083, or s. 775.084.

133

3. A controlled substance named or described in s.

134

893.03(5) commits a misdemeanor of the first degree, punishable

135

as provided in s. 775.082 or s. 775.083.

136

(b) Except as provided in this chapter, it is unlawful to

137

sell or deliver in excess of 10 grams of any substance named or

138

described in s. 893.03(1)(a) or (1)(b), or any combination

139

thereof, or any mixture containing any such substance. Any

140

person who violates this paragraph commits a felony of the first

141

degree, punishable as provided in s. 775.082, s. 775.083, or s.

142

775.084.

143

144

for any person to sell, manufacture, or deliver, or possess with

145

intent to sell, manufacture, or deliver, a controlled substance

146

in, on, or within 1,000 feet of the real property comprising a

147

child care facility as defined in s. 402.302 or a public or

148

private elementary, middle, or secondary school between the

149

hours of 6 a.m. and 12 midnight, or at any time in, on, or

150

within 1,000 feet of real property comprising a state, county,

151

or municipal park, a community center, or a publicly owned

152

recreational facility. For the purposes of this paragraph, the

153

term "community center" means a facility operated by a nonprofit

154

community-based organization for the provision of recreational,

155

social, or educational services to the public. Any person who

156

violates this paragraph with respect to:

157

1. A controlled substance named or described in s.

158

893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,

159

commits a felony of the first degree, punishable as provided in

160

s. 775.082, s. 775.083, or s. 775.084. The defendant must be

161

sentenced to a minimum term of imprisonment of 3 calendar years

162

unless the offense was committed within 1,000 feet of the real

163

property comprising a child care facility as defined in s.

164

402.302.

165

2. A controlled substance named or described in s.

166

893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,

167

(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of

168

the second degree, punishable as provided in s. 775.082, s.

169

775.083, or s. 775.084.

170

3. Any other controlled substance, except as lawfully

171

sold, manufactured, or delivered, must be sentenced to pay a

172

$500 fine and to serve 100 hours of public service in addition

173

to any other penalty prescribed by law.

174

175

This paragraph does not apply to a child care facility unless

176

the owner or operator of the facility posts a sign that is not

177

less than 2 square feet in size with a word legend identifying

178

the facility as a licensed child care facility and that is

179

posted on the property of the child care facility in a

180

conspicuous place where the sign is reasonably visible to the

181

public.

182

(d) Except as authorized by this chapter, it is unlawful

183

for any person to sell, manufacture, or deliver, or possess with

184

intent to sell, manufacture, or deliver, a controlled substance

185

in, on, or within 1,000 feet of the real property comprising a

186

public or private college, university, or other postsecondary

187

educational institution. Any person who violates this paragraph

188

with respect to:

189

1. A controlled substance named or described in s.

190

893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,

191

commits a felony of the first degree, punishable as provided in

192

s. 775.082, s. 775.083, or s. 775.084.

193

2. A controlled substance named or described in s.

194

893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,

195

(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of

196

the second degree, punishable as provided in s. 775.082, s.

197

775.083, or s. 775.084.

198

3. Any other controlled substance, except as lawfully

199

sold, manufactured, or delivered, must be sentenced to pay a

200

$500 fine and to serve 100 hours of public service in addition

201

to any other penalty prescribed by law.

202

(e) Except as authorized by this chapter, it is unlawful

203

for any person to sell, manufacture, or deliver, or possess with

204

intent to sell, manufacture, or deliver, a controlled substance

205

not authorized by law in, on, or within 1,000 feet of a physical

206

place for worship at which a church or religious organization

207

regularly conducts religious services or within 1,000 feet of a

208

convenience business as defined in s. 812.171. Any person who

209

violates this paragraph with respect to:

210

1. A controlled substance named or described in s.

211

893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,

212

commits a felony of the first degree, punishable as provided in

213

s. 775.082, s. 775.083, or s. 775.084.

214

2. A controlled substance named or described in s.

215

893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,

216

(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of

217

the second degree, punishable as provided in s. 775.082, s.

218

775.083, or s. 775.084.

219

3. Any other controlled substance, except as lawfully

220

sold, manufactured, or delivered, must be sentenced to pay a

221

$500 fine and to serve 100 hours of public service in addition

222

to any other penalty prescribed by law.

223

(f) Except as authorized by this chapter, it is unlawful

224

for any person to sell, manufacture, or deliver, or possess with

225

intent to sell, manufacture, or deliver, a controlled substance

226

in, on, or within 1,000 feet of the real property comprising a

227

public housing facility at any time. For purposes of this

228

section, the term "real property comprising a public housing

229

facility" means real property, as defined in s. 421.03(12), of a

230

public corporation created as a housing authority pursuant to

231

part I of chapter 421. Any person who violates this paragraph

232

with respect to:

233

1. A controlled substance named or described in s.

234

893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,

235

commits a felony of the first degree, punishable as provided in

236

s. 775.082, s. 775.083, or s. 775.084.

237

2. A controlled substance named or described in s.

238

893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,

239

(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of

240

the second degree, punishable as provided in s. 775.082, s.

241

775.083, or s. 775.084.

242

3. Any other controlled substance, except as lawfully

243

sold, manufactured, or delivered, must be sentenced to pay a

244

$500 fine and to serve 100 hours of public service in addition

245

to any other penalty prescribed by law.

246

(g) Except as authorized by this chapter, it is unlawful

247

for any person to manufacture methamphetamine or phencyclidine,

248

or possess any listed chemical as defined in s. 893.033 in

249

violation of s. 893.149 and with intent to manufacture

250

methamphetamine or phencyclidine. If any person violates this

251

paragraph and:

252

1. The commission or attempted commission of the crime

253

occurs in a structure or conveyance where any child under 16

254

years of age is present, the person commits a felony of the

255

first degree, punishable as provided in s. 775.082, s. 775.083,

256

or s. 775.084. In addition, the defendant must be sentenced to a

257

minimum term of imprisonment of 5 calendar years.

258

2. The commission of the crime causes any child under 16

259

years of age to suffer great bodily harm, the person commits a

260

felony of the first degree, punishable as provided in s.

261

775.082, s. 775.083, or s. 775.084. In addition, the defendant

262

must be sentenced to a minimum term of imprisonment of 10

263

calendar years.

264

(h) Except as authorized by this chapter, it is unlawful

265

for any person to sell, manufacture, or deliver, or possess with

266

intent to sell, manufacture, or deliver, a controlled substance

267

in, on, or within 1,000 feet of the real property comprising an

268

assisted living facility, as that term is used in chapter 429.

269

Any person who violates this paragraph with respect to:

270

1. A controlled substance named or described in s.

271

893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.

272

commits a felony of the first degree, punishable as provided in

273

s. 775.082, s. 775.083, or s. 775.084.

274

2. A controlled substance named or described in s.

275

893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,

276

(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of

277

the second degree, punishable as provided in s. 775.082, s.

278

775.083, or s. 775.084.

279

(2)(a) Except as authorized by this chapter and chapter

280

499, it is unlawful for any person to purchase, or possess with

281

intent to purchase, a controlled substance. Any person who

282

violates this provision with respect to:

283

1. A controlled substance named or described in s.

284

893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,

285

commits a felony of the second degree, punishable as provided in

286

s. 775.082, s. 775.083, or s. 775.084.

287

2. A controlled substance named or described in s.

288

893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,

289

(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of

290

the third degree, punishable as provided in s. 775.082, s.

291

775.083, or s. 775.084.

292

3. A controlled substance named or described in s.

293

893.03(5) commits a misdemeanor of the first degree, punishable

294

as provided in s. 775.082 or s. 775.083.

295

(b) Except as provided in this chapter, it is unlawful to

296

purchase in excess of 10 grams of any substance named or

297

described in s. 893.03(1)(a) or (1)(b), or any combination

298

thereof, or any mixture containing any such substance. Any

299

person who violates this paragraph commits a felony of the first

300

degree, punishable as provided in s. 775.082, s. 775.083, or s.

301

775.084.

302

(4) Except as authorized by this chapter, it is unlawful

303

for any person 18 years of age or older to deliver any

304

controlled substance to a person under the age of 18 years, or

305

to use or hire a person under the age of 18 years as an agent or

306

employee in the sale or delivery of such a substance, or to use

307

such person to assist in avoiding detection or apprehension for

308

a violation of this chapter. Any person who violates this

309

provision with respect to:

310

(a) A controlled substance named or described in s.

311

893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,

312

commits a felony of the first degree, punishable as provided in

313

s. 775.082, s. 775.083, or s. 775.084.

314

(b) A controlled substance named or described in s.

315

893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,

316

(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of

317

the second degree, punishable as provided in s. 775.082, s.

318

775.083, or s. 775.084.

319

320

Imposition of sentence may not be suspended or deferred, nor

321

shall the person so convicted be placed on probation.

322

(5) It is unlawful for any person to bring into this state

323

any controlled substance unless the possession of such

324

controlled substance is authorized by this chapter or unless

325

such person is licensed to do so by the appropriate federal

326

agency. Any person who violates this provision with respect to:

327

(a) A controlled substance named or described in s.

328

893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,

329

commits a felony of the second degree, punishable as provided in

330

s. 775.082, s. 775.083, or s. 775.084.

331

(b) A controlled substance named or described in s.

332

893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,

333

(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of

334

the third degree, punishable as provided in s. 775.082, s.

335

775.083, or s. 775.084.

336

337

893.03(5) commits a misdemeanor of the first degree, punishable

338

as provided in s. 775.082 or s. 775.083.

339

Section 4. For the purpose of incorporating the amendment

340

made by this act to section 893.03, Florida Statutes, in

341

references thereto, paragraph (l) of subsection (1) of section

342

893.135, Florida Statutes, is reenacted to read:

343

893.135 Trafficking; mandatory sentences; suspension or

344

reduction of sentences; conspiracy to engage in trafficking.-

345

(1) Except as authorized in this chapter or in chapter 499

346

and notwithstanding the provisions of s. 893.13:

347

(l)1. Any person who knowingly sells, purchases,

348

manufactures, delivers, or brings into this state, or who is

349

knowingly in actual or constructive possession of, 1 gram or

350

more of lysergic acid diethylamide (LSD) as described in s.

351

893.03(1)(c), or of any mixture containing lysergic acid

352

diethylamide (LSD), commits a felony of the first degree, which

353

felony shall be known as "trafficking in lysergic acid

354

diethylamide (LSD)," punishable as provided in s. 775.082, s.

355

775.083, or s. 775.084. If the quantity involved:

356

a. Is 1 gram or more, but less than 5 grams, such person

357

shall be sentenced to a mandatory minimum term of imprisonment

358

of 3 years, and the defendant shall be ordered to pay a fine of

359

$50,000.

360

b. Is 5 grams or more, but less than 7 grams, such person

361

shall be sentenced to a mandatory minimum term of imprisonment

362

of 7 years, and the defendant shall be ordered to pay a fine of

363

$100,000.

364

c. Is 7 grams or more, such person shall be sentenced to a

365

mandatory minimum term of imprisonment of 15 calendar years and

366

pay a fine of $500,000.

367

2. Any person who knowingly manufactures or brings into

368

this state 7 grams or more of lysergic acid diethylamide (LSD)

369

as described in s. 893.03(1)(c), or any mixture containing

370

lysergic acid diethylamide (LSD), and who knows that the

371

probable result of such manufacture or importation would be the

372

death of any person commits capital manufacture or importation

373

of lysergic acid diethylamide (LSD), a capital felony punishable

374

as provided in ss. 775.082 and 921.142. Any person sentenced for

375

a capital felony under this paragraph shall also be sentenced to

376

pay the maximum fine provided under subparagraph 1.

377

Section 5. For the purpose of incorporating the amendment

378

made by this act to section 893.03, Florida Statutes, in

379

references thereto, paragraphs (b), (c), and (e) of subsection

380

(3) of section 921.0022, Florida Statutes, are reenacted to

381

read:

382

921.0022 Criminal Punishment Code; offense severity

383

ranking chart.-

384

(3) OFFENSE SEVERITY RANKING CHART

385

(b) LEVEL 2

386

FloridaStatute

FelonyDegree

Description

387

379.2431(1)(e)3.

3rd

Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.

388

379.2431(1)(e)4.

3rd

Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.

389

403.413(5)(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.

390

517.07

3rd

Registration of securities and furnishing of prospectus required.

391

590.28(1)

3rd

Intentional burning of lands.

392

784.05(3)

3rd

Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.

393

787.04(1)

3rd

In violation of court order, take, entice, etc., minor beyond state limits.

394

806.13(1)(b)3.

3rd

Criminal mischief; damage $1,000 or more to public communication or any other public service.

395

810.061(2)

3rd

Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.

396

810.09(2)(e)

3rd

Trespassing on posted commercial horticulture property.

397

812.014(2)(c)1.

3rd

Grand theft, 3rd degree; $300 or more but less than $5,000.

398

812.014(2)(d)

3rd

Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.

399

812.015(7)

3rd

Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.

400

817.234(1)(a)2.

3rd

False statement in support of insurance claim.

401

817.481(3)(a)

3rd

Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.

402

817.52(3)

3rd

Failure to redeliver hired vehicle.

403

817.54

3rd

With intent to defraud, obtain mortgage note, etc., by false representation.

404

817.60(5)

3rd

Dealing in credit cards of another.

405

817.60(6)(a)

3rd

Forgery; purchase goods, services with false card.

406

817.61

3rd

Fraudulent use of credit cards over $100 or more within 6 months.

407

826.04

3rd

Knowingly marries or has sexual intercourse with person to whom related.

408

831.01

3rd

Forgery.

409

831.02

3rd

Uttering forged instrument; utters or publishes alteration with intent to defraud.

410

831.07

3rd

Forging bank bills, checks, drafts, or promissory notes.

411

831.08

3rd

Possessing 10 or more forged notes, bills, checks, or drafts.

412

831.09

3rd

Uttering forged notes, bills, checks, drafts, or promissory notes.

413

831.11

3rd

Bringing into the state forged bank bills, checks, drafts, or notes.

414

832.05(3)(a)

3rd

Cashing or depositing item with intent to defraud.

415

843.08

3rd

Falsely impersonating an officer.

416

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.

417

893.147(2)

3rd

Manufacture or delivery of drug paraphernalia.

418

419

420

FloridaStatute

FelonyDegree

Description

421

119.10(2)(b)

3rd

Unlawful use of confidential information from police reports.

422

316.066 (4)(b)-(d)

3rd

Unlawfully obtaining or using confidential crash reports.

423

316.193(2)(b)

3rd

Felony DUI, 3rd conviction.

424

316.1935(2)

3rd

Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.

425

319.30(4)

3rd

Possession by junkyard of motor vehicle with identification number plate removed.

426

319.33(1)(a)

3rd

Alter or forge any certificate of title to a motor vehicle or mobile home.

427

319.33(1)(c)

3rd

Procure or pass title on stolen vehicle.

428

319.33(4)

3rd

With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.

429

327.35(2)(b)

3rd

Felony BUI.

430

328.05(2)

3rd

Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.

431

328.07(4)

3rd

Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.

432

376.302(5)

3rd

Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.

433

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.

434

379.2431(1)(e)6.

3rd

Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.

435

400.9935(4)

3rd

Operating a clinic without a license or filing false license application or other required information.

436

440.1051(3)

3rd

False report of workers' compensation fraud or retaliation for making such a report.

437

501.001(2)(b)

2nd

Tampers with a consumer product or the container using materially false/misleading information.

438

624.401(4)(a)

3rd

Transacting insurance without a certificate of authority.

439

624.401(4)(b)1.

3rd

Transacting insurance without a certificate of authority; premium collected less than $20,000.

440

626.902(1)(a) & (b)

3rd

Representing an unauthorized insurer.

441

697.08

3rd

Equity skimming.

442

790.15(3)

3rd

Person directs another to discharge firearm from a vehicle.

443

796.05(1)

3rd

Live on earnings of a prostitute.

444

806.10(1)

3rd

Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.

445

806.10(2)

3rd

Interferes with or assaults firefighter in performance of duty.

446

810.09(2)(c)

3rd

Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.

447

812.014(2)(c)2.

3rd

Grand theft; $5,000 or more but less than $10,000.

448

812.0145(2)(c)

3rd

Theft from person 65 years of age or older; $300 or more but less than $10,000.

449

815.04(4)(b)

2nd

Computer offense devised to defraud or obtain property.

450

817.034(4)(a)3.

3rd

Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.

451

817.233

3rd

Burning to defraud insurer.

452

817.234(8)(b)-(c)

3rd

Unlawful solicitation of persons involved in motor vehicle accidents.

453

817.234(11)(a)

3rd

Insurance fraud; property value less than $20,000.

454

817.236

3rd

Filing a false motor vehicle insurance application.

455

817.2361

3rd

Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.

456

817.413(2)

3rd

Sale of used goods as new.

457

817.505(4)

3rd

Patient brokering.

458

828.12(2)

3rd

Tortures any animal with intent to inflict intense pain, serious physical injury, or death.

459

831.28(2)(a)

3rd

Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.

460

831.29

2nd

Possession of instruments for counterfeiting drivers' licenses or identification cards.

461

838.021(3)(b)

3rd

Threatens unlawful harm to public servant.

462

843.19

3rd

Injure, disable, or kill police dog or horse.

463

860.15(3)

3rd

Overcharging for repairs and parts.

464

870.01(2)

3rd

Riot; inciting or encouraging.

465

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).

466

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.

467

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.

468

893.13(6)(a)

3rd

Possession of any controlled substance other than felony possession of cannabis.

469

893.13(7)(a)8.

3rd

Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.

470

893.13(7)(a)9.

3rd

Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.

471

893.13(7)(a)10.

3rd

Affix false or forged label to package of controlled substance.

472

893.13(7)(a)11.

3rd

Furnish false or fraudulent material information on any document or record required by chapter 893.

473

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.

474

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.

475

893.13(8)(a)3.

3rd

Knowingly write a prescription for a controlled substance for a fictitious person.

476

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.

477

918.13(1)(a)

3rd

Alter, destroy, or conceal investigation evidence.

478

944.47(1)(a)1.-2.

3rd

Introduce contraband to correctional facility.

479

944.47(1)(c)

2nd

Possess contraband while upon the grounds of a correctional institution.

480

985.721

3rd

Escapes from a juvenile facility (secure detention or residential commitment facility).

481

482

(e) LEVEL 5

483

FloridaStatute

FelonyDegree

Description

484

316.027(1)(a)

3rd

Accidents involving personal injuries, failure to stop; leaving scene.

485

316.1935(4)(a)

2nd

Aggravated fleeing or eluding.

486

322.34(6)

3rd

Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.

487

327.30(5)

3rd

Vessel accidents involving personal injury; leaving scene.

488

381.0041(11)(b)

3rd

Donate blood, plasma, or organs knowing HIV positive.

489

440.10(1)(g)

2nd

Failure to obtain workers' compensation coverage.

490

440.105(5)

2nd

Unlawful solicitation for the purpose of making workers' compensation claims.

491

440.381(2)

2nd

Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers' compensation premiums.

492

624.401(4)(b)2.

2nd

Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.

493

626.902(1)(c)

2nd

Representing an unauthorized insurer; repeat offender.

494

790.01(2)

3rd

Carrying a concealed firearm.

495

790.162

2nd

Threat to throw or discharge destructive device.

496

790.163(1)

2nd

False report of deadly explosive or weapon of mass destruction.

497

790.221(1)

2nd

Possession of short-barreled shotgun or machine gun.

498

790.23

2nd

Felons in possession of firearms, ammunition, or electronic weapons or devices.

499

800.04(6)(c)

3rd

Lewd or lascivious conduct; offender less than 18 years.

500

800.04(7)(b)

2nd

Lewd or lascivious exhibition; offender 18 years or older.

501

806.111(1)

3rd

Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.

502

812.0145(2)(b)

2nd

Theft from person 65 years of age or older; $10,000 or more but less than $50,000.

503

812.015(8)

3rd

Retail theft; property stolen is valued at $300 or more and one or more specified acts.

504

812.019(1)

2nd

Stolen property; dealing in or trafficking in.

505

812.131(2)(b)

3rd

Robbery by sudden snatching.

506

812.16(2)

3rd

Owning, operating, or conducting a chop shop.

507

817.034(4)(a)2.

2nd

Communications fraud, value $20,000 to $50,000.

508

817.234(11)(b)

2nd

Insurance fraud; property value $20,000 or more but less than $100,000.

509

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.

510

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 individuals.

511

817.625(2)(b)

2nd

Second or subsequent fraudulent use of scanning device or reencoder.

512

825.1025(4)

3rd

Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.

513

827.071(4)

2nd

Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.

514

827.071(5)

3rd

Possess any photographic material, motion picture, etc., which includes sexual conduct by a child.

515

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.

516

843.01

3rd

Resist officer with violence to person; resist arrest with violence.

517

847.0135(5)(b)

2nd

Lewd or lascivious exhibition using computer; offender 18 years or older.

518

847.0137(2) & (3)

3rd

Transmission of pornography by electronic device or equipment.

519

847.0138 (2) & (3)

3rd

Transmission of material harmful to minors to a minor by electronic device or equipment.

520

874.05(2)

2nd

Encouraging or recruiting another to join a criminal gang; second or subsequent offense.

521

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).

522

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.

523

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.

524

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.

525

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.

526

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).

527

893.1351(1)

3rd

Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.

528

529

Section 6. This act shall take effect July 1, 2011.

CODING: Words ~~stricken~~ are deletions; words underlined are additions.