| 1 | A bill to be entitled |
| 2 | An act relating to controlled substances; amending s. |
| 3 | 893.03, F.S.; including certain hallucinogenic substances |
| 4 | on the list of controlled substances in Schedule I; |
| 5 | reenacting ss. 893.13(1), (2), (4), and (5), |
| 6 | 893.135(1)(l), and 921.0022(3)(b), (c), and (e), F.S., |
| 7 | relating to prohibited acts and penalties regarding |
| 8 | controlled substances and the offense severity chart of |
| 9 | the Criminal Punishment Code, to incorporate the amendment |
| 10 | to s. 893.03, F.S., in references thereto; providing an |
| 11 | effective date. |
| 12 |
|
| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
|
| 15 | Section 1. Paragraph (c) of subsection (1) of section |
| 16 | 893.03, Florida Statutes, is amended to read: |
| 17 | 893.03 Standards and schedules.-The substances enumerated |
| 18 | in this section are controlled by this chapter. The controlled |
| 19 | substances listed or to be listed in Schedules I, II, III, IV, |
| 20 | and V are included by whatever official, common, usual, |
| 21 | chemical, or trade name designated. The provisions of this |
| 22 | section shall not be construed to include within any of the |
| 23 | schedules contained in this section any excluded drugs listed |
| 24 | within the purview of 21 C.F.R. s. 1308.22, styled "Excluded |
| 25 | Substances"; 21 C.F.R. s. 1308.24, styled "Exempt Chemical |
| 26 | Preparations"; 21 C.F.R. s. 1308.32, styled "Exempted |
| 27 | Prescription Products"; or 21 C.F.R. s. 1308.34, styled "Exempt |
| 28 | Anabolic Steroid Products." |
| 29 | (1) SCHEDULE I.-A substance in Schedule I has a high |
| 30 | potential for abuse and has no currently accepted medical use in |
| 31 | treatment in the United States and in its use under medical |
| 32 | supervision does not meet accepted safety standards. The |
| 33 | following substances are controlled in Schedule I: |
| 34 | (c) Unless specifically excepted or unless listed in |
| 35 | another schedule, any material, compound, mixture, or |
| 36 | preparation which contains any quantity of the following |
| 37 | hallucinogenic substances or which contains any of their salts, |
| 38 | isomers, and salts of isomers, whenever the existence of such |
| 39 | salts, isomers, and salts of isomers is possible within the |
| 40 | specific chemical designation: |
| 41 | 1. Alpha-ethyltryptamine. |
| 42 | 2. 2-Amino-4-methyl-5-phenyl-2-oxazoline (4- |
| 43 | methylaminorex). |
| 44 | 3. 2-Amino-5-phenyl-2-oxazoline (Aminorex). |
| 45 | 4. 4-Bromo-2,5-dimethoxyamphetamine. |
| 46 | 5. 4-Bromo-2, 5-dimethoxyphenethylamine. |
| 47 | 6. Bufotenine. |
| 48 | 7. Cannabis. |
| 49 | 8. Cathinone. |
| 50 | 9. Diethyltryptamine. |
| 51 | 10. 2,5-Dimethoxyamphetamine. |
| 52 | 11. 2,5-Dimethoxy-4-ethylamphetamine (DOET). |
| 53 | 12. Dimethyltryptamine. |
| 54 | 13. N-Ethyl-1-phenylcyclohexylamine (PCE) (Ethylamine |
| 55 | analog of phencyclidine). |
| 56 | 14. N-Ethyl-3-piperidyl benzilate. |
| 57 | 15. N-ethylamphetamine. |
| 58 | 16. Fenethylline. |
| 59 | 17. N-Hydroxy-3,4-methylenedioxyamphetamine. |
| 60 | 18. Ibogaine. |
| 61 | 19. Lysergic acid diethylamide (LSD). |
| 62 | 20. Mescaline. |
| 63 | 21. Methcathinone. |
| 64 | 22. 5-Methoxy-3,4-methylenedioxyamphetamine. |
| 65 | 23. 4-methoxyamphetamine. |
| 66 | 24. 4-methoxymethamphetamine. |
| 67 | 25. 4-Methyl-2,5-dimethoxyamphetamine. |
| 68 | 26. 3,4-Methylenedioxy-N-ethylamphetamine. |
| 69 | 27. 3,4-Methylenedioxyamphetamine. |
| 70 | 28. N-Methyl-3-piperidyl benzilate. |
| 71 | 29. N,N-dimethylamphetamine. |
| 72 | 30. Parahexyl. |
| 73 | 31. Peyote. |
| 74 | 32. N-(1-Phenylcyclohexyl)-pyrrolidine (PCPY) (Pyrrolidine |
| 75 | analog of phencyclidine). |
| 76 | 33. Psilocybin. |
| 77 | 34. Psilocyn. |
| 78 | 35. Salvia divinorum, except for any drug product approved |
| 79 | by the United States Food and Drug Administration which contains |
| 80 | Salvia divinorum or its isomers, esters, ethers, salts, and |
| 81 | salts of isomers, esters, and ethers, whenever the existence of |
| 82 | such isomers, esters, ethers, and salts is possible within the |
| 83 | specific chemical designation. |
| 84 | 36. Salvinorin A, except for any drug product approved by |
| 85 | the United States Food and Drug Administration which contains |
| 86 | Salvinorin A or its isomers, esters, ethers, salts, and salts of |
| 87 | isomers, esters, and ethers, whenever the existence of such |
| 88 | isomers, esters, ethers, and salts is possible within the |
| 89 | specific chemical designation. |
| 90 | 37. Tetrahydrocannabinols. |
| 91 | 38. 1-[1-(2-Thienyl)-cyclohexyl]-piperidine (TCP) |
| 92 | (Thiophene analog of phencyclidine). |
| 93 | 39. 3,4,5-Trimethoxyamphetamine. |
| 94 | 40. 3,4-Methylenedioxymethcathinone. |
| 95 | 41. 3,4-Methylenedioxypyrovalerone (MDPV). |
| 96 | 42. Methylmethcathinone. |
| 97 | 43. Methoxymethcathinone. |
| 98 | 44. Fluoromethcathinone. |
| 99 | 45. Methylethcathinone. |
| 100 | Section 2. For the purpose of incorporating the amendment |
| 101 | made by this act to section 893.03, Florida Statutes, in |
| 102 | references thereto, subsections (1), (2), (4), and (5) of |
| 103 | section 893.13, Florida Statutes, are reenacted to read: |
| 104 | 893.13 Prohibited acts; penalties.- |
| 105 | (1)(a) Except as authorized by this chapter and chapter |
| 106 | 499, it is unlawful for any person to sell, manufacture, or |
| 107 | deliver, or possess with intent to sell, manufacture, or |
| 108 | deliver, a controlled substance. Any person who violates this |
| 109 | provision with respect to: |
| 110 | 1. A controlled substance named or described in s. |
| 111 | 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., |
| 112 | commits a felony of the second degree, punishable as provided in |
| 113 | s. 775.082, s. 775.083, or s. 775.084. |
| 114 | 2. A controlled substance named or described in s. |
| 115 | 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., |
| 116 | (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of |
| 117 | the third degree, punishable as provided in s. 775.082, s. |
| 118 | 775.083, or s. 775.084. |
| 119 | 3. A controlled substance named or described in s. |
| 120 | 893.03(5) commits a misdemeanor of the first degree, punishable |
| 121 | as provided in s. 775.082 or s. 775.083. |
| 122 | (b) Except as provided in this chapter, it is unlawful to |
| 123 | sell or deliver in excess of 10 grams of any substance named or |
| 124 | described in s. 893.03(1)(a) or (1)(b), or any combination |
| 125 | thereof, or any mixture containing any such substance. Any |
| 126 | person who violates this paragraph commits a felony of the first |
| 127 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
| 128 | 775.084. |
| 129 | (c) Except as authorized by this chapter, it is unlawful |
| 130 | for any person to sell, manufacture, or deliver, or possess with |
| 131 | intent to sell, manufacture, or deliver, a controlled substance |
| 132 | in, on, or within 1,000 feet of the real property comprising a |
| 133 | child care facility as defined in s. 402.302 or a public or |
| 134 | private elementary, middle, or secondary school between the |
| 135 | hours of 6 a.m. and 12 midnight, or at any time in, on, or |
| 136 | within 1,000 feet of real property comprising a state, county, |
| 137 | or municipal park, a community center, or a publicly owned |
| 138 | recreational facility. For the purposes of this paragraph, the |
| 139 | term "community center" means a facility operated by a nonprofit |
| 140 | community-based organization for the provision of recreational, |
| 141 | social, or educational services to the public. Any person who |
| 142 | violates this paragraph with respect to: |
| 143 | 1. A controlled substance named or described in s. |
| 144 | 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., |
| 145 | commits a felony of the first degree, punishable as provided in |
| 146 | s. 775.082, s. 775.083, or s. 775.084. The defendant must be |
| 147 | sentenced to a minimum term of imprisonment of 3 calendar years |
| 148 | unless the offense was committed within 1,000 feet of the real |
| 149 | property comprising a child care facility as defined in s. |
| 150 | 402.302. |
| 151 | 2. A controlled substance named or described in s. |
| 152 | 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., |
| 153 | (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of |
| 154 | the second degree, punishable as provided in s. 775.082, s. |
| 155 | 775.083, or s. 775.084. |
| 156 | 3. Any other controlled substance, except as lawfully |
| 157 | sold, manufactured, or delivered, must be sentenced to pay a |
| 158 | $500 fine and to serve 100 hours of public service in addition |
| 159 | to any other penalty prescribed by law. |
| 160 |
|
| 161 | This paragraph does not apply to a child care facility unless |
| 162 | the owner or operator of the facility posts a sign that is not |
| 163 | less than 2 square feet in size with a word legend identifying |
| 164 | the facility as a licensed child care facility and that is |
| 165 | posted on the property of the child care facility in a |
| 166 | conspicuous place where the sign is reasonably visible to the |
| 167 | public. |
| 168 | (d) Except as authorized by this chapter, it is unlawful |
| 169 | for any person to sell, manufacture, or deliver, or possess with |
| 170 | intent to sell, manufacture, or deliver, a controlled substance |
| 171 | in, on, or within 1,000 feet of the real property comprising a |
| 172 | public or private college, university, or other postsecondary |
| 173 | educational institution. Any person who violates this paragraph |
| 174 | with respect to: |
| 175 | 1. A controlled substance named or described in s. |
| 176 | 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., |
| 177 | commits a felony of the first degree, punishable as provided in |
| 178 | s. 775.082, s. 775.083, or s. 775.084. |
| 179 | 2. A controlled substance named or described in s. |
| 180 | 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., |
| 181 | (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of |
| 182 | the second degree, punishable as provided in s. 775.082, s. |
| 183 | 775.083, or s. 775.084. |
| 184 | 3. Any other controlled substance, except as lawfully |
| 185 | sold, manufactured, or delivered, must be sentenced to pay a |
| 186 | $500 fine and to serve 100 hours of public service in addition |
| 187 | to any other penalty prescribed by law. |
| 188 | (e) Except as authorized by this chapter, it is unlawful |
| 189 | for any person to sell, manufacture, or deliver, or possess with |
| 190 | intent to sell, manufacture, or deliver, a controlled substance |
| 191 | not authorized by law in, on, or within 1,000 feet of a physical |
| 192 | place for worship at which a church or religious organization |
| 193 | regularly conducts religious services or within 1,000 feet of a |
| 194 | convenience business as defined in s. 812.171. Any person who |
| 195 | violates this paragraph with respect to: |
| 196 | 1. A controlled substance named or described in s. |
| 197 | 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., |
| 198 | commits a felony of the first degree, punishable as provided in |
| 199 | s. 775.082, s. 775.083, or s. 775.084. |
| 200 | 2. A controlled substance named or described in s. |
| 201 | 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., |
| 202 | (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of |
| 203 | the second degree, punishable as provided in s. 775.082, s. |
| 204 | 775.083, or s. 775.084. |
| 205 | 3. Any other controlled substance, except as lawfully |
| 206 | sold, manufactured, or delivered, must be sentenced to pay a |
| 207 | $500 fine and to serve 100 hours of public service in addition |
| 208 | to any other penalty prescribed by law. |
| 209 | (f) Except as authorized by this chapter, it is unlawful |
| 210 | for any person to sell, manufacture, or deliver, or possess with |
| 211 | intent to sell, manufacture, or deliver, a controlled substance |
| 212 | in, on, or within 1,000 feet of the real property comprising a |
| 213 | public housing facility at any time. For purposes of this |
| 214 | section, the term "real property comprising a public housing |
| 215 | facility" means real property, as defined in s. 421.03(12), of a |
| 216 | public corporation created as a housing authority pursuant to |
| 217 | part I of chapter 421. Any person who violates this paragraph |
| 218 | with respect to: |
| 219 | 1. A controlled substance named or described in s. |
| 220 | 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., |
| 221 | commits a felony of the first degree, punishable as provided in |
| 222 | s. 775.082, s. 775.083, or s. 775.084. |
| 223 | 2. A controlled substance named or described in s. |
| 224 | 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., |
| 225 | (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of |
| 226 | the second degree, punishable as provided in s. 775.082, s. |
| 227 | 775.083, or s. 775.084. |
| 228 | 3. Any other controlled substance, except as lawfully |
| 229 | sold, manufactured, or delivered, must be sentenced to pay a |
| 230 | $500 fine and to serve 100 hours of public service in addition |
| 231 | to any other penalty prescribed by law. |
| 232 | (g) Except as authorized by this chapter, it is unlawful |
| 233 | for any person to manufacture methamphetamine or phencyclidine, |
| 234 | or possess any listed chemical as defined in s. 893.033 in |
| 235 | violation of s. 893.149 and with intent to manufacture |
| 236 | methamphetamine or phencyclidine. If any person violates this |
| 237 | paragraph and: |
| 238 | 1. The commission or attempted commission of the crime |
| 239 | occurs in a structure or conveyance where any child under 16 |
| 240 | years of age is present, the person commits a felony of the |
| 241 | first degree, punishable as provided in s. 775.082, s. 775.083, |
| 242 | or s. 775.084. In addition, the defendant must be sentenced to a |
| 243 | minimum term of imprisonment of 5 calendar years. |
| 244 | 2. The commission of the crime causes any child under 16 |
| 245 | years of age to suffer great bodily harm, the person commits a |
| 246 | felony of the first degree, punishable as provided in s. |
| 247 | 775.082, s. 775.083, or s. 775.084. In addition, the defendant |
| 248 | must be sentenced to a minimum term of imprisonment of 10 |
| 249 | calendar years. |
| 250 | (h) Except as authorized by this chapter, it is unlawful |
| 251 | for any person to sell, manufacture, or deliver, or possess with |
| 252 | intent to sell, manufacture, or deliver, a controlled substance |
| 253 | in, on, or within 1,000 feet of the real property comprising an |
| 254 | assisted living facility, as that term is used in chapter 429. |
| 255 | Any person who violates this paragraph with respect to: |
| 256 | 1. A controlled substance named or described in s. |
| 257 | 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. |
| 258 | commits a felony of the first degree, punishable as provided in |
| 259 | s. 775.082, s. 775.083, or s. 775.084. |
| 260 | 2. A controlled substance named or described in s. |
| 261 | 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., |
| 262 | (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of |
| 263 | the second degree, punishable as provided in s. 775.082, s. |
| 264 | 775.083, or s. 775.084. |
| 265 | (2)(a) Except as authorized by this chapter and chapter |
| 266 | 499, it is unlawful for any person to purchase, or possess with |
| 267 | intent to purchase, a controlled substance. Any person who |
| 268 | violates this provision with respect to: |
| 269 | 1. A controlled substance named or described in s. |
| 270 | 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., |
| 271 | commits a felony of the second degree, punishable as provided in |
| 272 | s. 775.082, s. 775.083, or s. 775.084. |
| 273 | 2. A controlled substance named or described in s. |
| 274 | 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., |
| 275 | (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of |
| 276 | the third degree, punishable as provided in s. 775.082, s. |
| 277 | 775.083, or s. 775.084. |
| 278 | 3. A controlled substance named or described in s. |
| 279 | 893.03(5) commits a misdemeanor of the first degree, punishable |
| 280 | as provided in s. 775.082 or s. 775.083. |
| 281 | (b) Except as provided in this chapter, it is unlawful to |
| 282 | purchase in excess of 10 grams of any substance named or |
| 283 | described in s. 893.03(1)(a) or (1)(b), or any combination |
| 284 | thereof, or any mixture containing any such substance. Any |
| 285 | person who violates this paragraph commits a felony of the first |
| 286 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
| 287 | 775.084. |
| 288 | (4) Except as authorized by this chapter, it is unlawful |
| 289 | for any person 18 years of age or older to deliver any |
| 290 | controlled substance to a person under the age of 18 years, or |
| 291 | to use or hire a person under the age of 18 years as an agent or |
| 292 | employee in the sale or delivery of such a substance, or to use |
| 293 | such person to assist in avoiding detection or apprehension for |
| 294 | a violation of this chapter. Any person who violates this |
| 295 | provision with respect to: |
| 296 | (a) A controlled substance named or described in s. |
| 297 | 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., |
| 298 | commits a felony of the first degree, punishable as provided in |
| 299 | s. 775.082, s. 775.083, or s. 775.084. |
| 300 | (b) A controlled substance named or described in s. |
| 301 | 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., |
| 302 | (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of |
| 303 | the second degree, punishable as provided in s. 775.082, s. |
| 304 | 775.083, or s. 775.084. |
| 305 |
|
| 306 | Imposition of sentence may not be suspended or deferred, nor |
| 307 | shall the person so convicted be placed on probation. |
| 308 | (5) It is unlawful for any person to bring into this state |
| 309 | any controlled substance unless the possession of such |
| 310 | controlled substance is authorized by this chapter or unless |
| 311 | such person is licensed to do so by the appropriate federal |
| 312 | agency. Any person who violates this provision with respect to: |
| 313 | (a) A controlled substance named or described in s. |
| 314 | 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., |
| 315 | commits a felony of the second degree, punishable as provided in |
| 316 | s. 775.082, s. 775.083, or s. 775.084. |
| 317 | (b) A controlled substance named or described in s. |
| 318 | 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., |
| 319 | (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of |
| 320 | the third degree, punishable as provided in s. 775.082, s. |
| 321 | 775.083, or s. 775.084. |
| 322 | (c) A controlled substance named or described in s. |
| 323 | 893.03(5) commits a misdemeanor of the first degree, punishable |
| 324 | as provided in s. 775.082 or s. 775.083. |
| 325 | Section 3. For the purpose of incorporating the amendment |
| 326 | made by this act to section 893.03, Florida Statutes, in |
| 327 | references thereto, paragraph (l) of subsection (1) of section |
| 328 | 893.135, Florida Statutes, is reenacted to read: |
| 329 | 893.135 Trafficking; mandatory sentences; suspension or |
| 330 | reduction of sentences; conspiracy to engage in trafficking.- |
| 331 | (1) Except as authorized in this chapter or in chapter 499 |
| 332 | and notwithstanding the provisions of s. 893.13: |
| 333 | (l)1. Any person who knowingly sells, purchases, |
| 334 | manufactures, delivers, or brings into this state, or who is |
| 335 | knowingly in actual or constructive possession of, 1 gram or |
| 336 | more of lysergic acid diethylamide (LSD) as described in s. |
| 337 | 893.03(1)(c), or of any mixture containing lysergic acid |
| 338 | diethylamide (LSD), commits a felony of the first degree, which |
| 339 | felony shall be known as "trafficking in lysergic acid |
| 340 | diethylamide (LSD)," punishable as provided in s. 775.082, s. |
| 341 | 775.083, or s. 775.084. If the quantity involved: |
| 342 | a. Is 1 gram or more, but less than 5 grams, such person |
| 343 | shall be sentenced to a mandatory minimum term of imprisonment |
| 344 | of 3 years, and the defendant shall be ordered to pay a fine of |
| 345 | $50,000. |
| 346 | b. Is 5 grams or more, but less than 7 grams, such person |
| 347 | shall be sentenced to a mandatory minimum term of imprisonment |
| 348 | of 7 years, and the defendant shall be ordered to pay a fine of |
| 349 | $100,000. |
| 350 | c. Is 7 grams or more, such person shall be sentenced to a |
| 351 | mandatory minimum term of imprisonment of 15 calendar years and |
| 352 | pay a fine of $500,000. |
| 353 | 2. Any person who knowingly manufactures or brings into |
| 354 | this state 7 grams or more of lysergic acid diethylamide (LSD) |
| 355 | as described in s. 893.03(1)(c), or any mixture containing |
| 356 | lysergic acid diethylamide (LSD), and who knows that the |
| 357 | probable result of such manufacture or importation would be the |
| 358 | death of any person commits capital manufacture or importation |
| 359 | of lysergic acid diethylamide (LSD), a capital felony punishable |
| 360 | as provided in ss. 775.082 and 921.142. Any person sentenced for |
| 361 | a capital felony under this paragraph shall also be sentenced to |
| 362 | pay the maximum fine provided under subparagraph 1. |
| 363 | Section 4. For the purpose of incorporating the amendment |
| 364 | made by this act to section 893.03, Florida Statutes, in |
| 365 | references thereto, paragraphs (b), (c), and (e) of subsection |
| 366 | (3) of section 921.0022, Florida Statutes, are reenacted to |
| 367 | read: |
| 368 | 921.0022 Criminal Punishment Code; offense severity |
| 369 | ranking chart.- |
| 370 | (3) OFFENSE SEVERITY RANKING CHART |
| 371 | (b) LEVEL 2 |
| 372 |
|
| | | Florida Statute | Felony Degree | Description |
|
| 373 |
|
| | | 379.2431 (1)(e)3. | 3rd | Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act. |
|
| 374 |
|
| | | 379.2431 (1)(e)4. | 3rd | Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act. |
|
| 375 |
|
| | | 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. |
|
| 376 |
|
| | | 517.07 | 3rd | Registration of securities and furnishing of prospectus required. |
|
| 377 |
|
| | | 590.28(1) | 3rd | Intentional burning of lands. |
|
| 378 |
|
| | | 784.05(3) | 3rd | Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death. |
|
| 379 |
|
| | | 787.04(1) | 3rd | In violation of court order, take, entice, etc., minor beyond state limits. |
|
| 380 |
|
| | | 806.13(1)(b)3. | 3rd | Criminal mischief; damage $1,000 or more to public communication or any other public service. |
|
| 381 |
|
| | | 810.061(2) | 3rd | Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary. |
|
| 382 |
|
| | | 810.09(2)(e) | 3rd | Trespassing on posted commercial horticulture property. |
|
| 383 |
|
| | | 812.014(2)(c)1. | 3rd | Grand theft, 3rd degree; $300 or more but less than $5,000. |
|
| 384 |
|
| | | 812.014(2)(d) | 3rd | Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling. |
|
| 385 |
|
| | | 812.015(7) | 3rd | Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure. |
|
| 386 |
|
| | | 817.234(1)(a)2. | 3rd | False statement in support of insurance claim. |
|
| 387 |
|
| | | 817.481(3)(a) | 3rd | Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300. |
|
| 388 |
|
| | | 817.52(3) | 3rd | Failure to redeliver hired vehicle. |
|
| 389 |
|
| | | 817.54 | 3rd | With intent to defraud, obtain mortgage note, etc., by false representation. |
|
| 390 |
|
| | | 817.60(5) | 3rd | Dealing in credit cards of another. |
|
| 391 |
|
| | | 817.60(6)(a) | 3rd | Forgery; purchase goods, services with false card. |
|
| 392 |
|
| | | 817.61 | 3rd | Fraudulent use of credit cards over $100 or more within 6 months. |
|
| 393 |
|
| | | 826.04 | 3rd | Knowingly marries or has sexual intercourse with person to whom related. |
|
| 394 |
|
| | |
| 395 |
|
| | | 831.02 | 3rd | Uttering forged instrument; utters or publishes alteration with intent to defraud. |
|
| 396 |
|
| | | 831.07 | 3rd | Forging bank bills, checks, drafts, or promissory notes. |
|
| 397 |
|
| | | 831.08 | 3rd | Possessing 10 or more forged notes, bills, checks, or drafts. |
|
| 398 |
|
| | | 831.09 | 3rd | Uttering forged notes, bills, checks, drafts, or promissory notes. |
|
| 399 |
|
| | | 831.11 | 3rd | Bringing into the state forged bank bills, checks, drafts, or notes. |
|
| 400 |
|
| | | 832.05(3)(a) | 3rd | Cashing or depositing item with intent to defraud. |
|
| 401 |
|
| | | 843.08 | 3rd | Falsely impersonating an officer. |
|
| 402 |
|
| | | 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. |
|
| 403 |
|
| | | 893.147(2) | 3rd | Manufacture or delivery of drug paraphernalia. |
|
| 404 |
|
| 405 | (c) LEVEL 3 |
| 406 |
|
| | | Florida Statute | Felony Degree | Description |
|
| 407 |
|
| | | 119.10(2)(b) | 3rd | Unlawful use of confidential information from police reports. |
|
| 408 |
|
| | | 316.066 (4)(b)-(d) | 3rd | Unlawfully obtaining or using confidential crash reports. |
|
| 409 |
|
| | | 316.193(2)(b) | 3rd | Felony DUI, 3rd conviction. |
|
| 410 |
|
| | | 316.1935(2) | 3rd | Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated. |
|
| 411 |
|
| | | 319.30(4) | 3rd | Possession by junkyard of motor vehicle with identification number plate removed. |
|
| 412 |
|
| | | 319.33(1)(a) | 3rd | Alter or forge any certificate of title to a motor vehicle or mobile home. |
|
| 413 |
|
| | | 319.33(1)(c) | 3rd | Procure or pass title on stolen vehicle. |
|
| 414 |
|
| | | 319.33(4) | 3rd | With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration. |
|
| 415 |
|
| | | 327.35(2)(b) | 3rd | Felony BUI. |
|
| 416 |
|
| | | 328.05(2) | 3rd | Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels. |
|
| 417 |
|
| | | 328.07(4) | 3rd | Manufacture, exchange, or possess vessel with counterfeit or wrong ID number. |
|
| 418 |
|
| | | 376.302(5) | 3rd | Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund. |
|
| 419 |
|
| | | 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. |
|
| 420 |
|
| | | 379.2431 (1)(e)6. | 3rd | Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act. |
|
| 421 |
|
| | | 400.9935(4) | 3rd | Operating a clinic without a license or filing false license application or other required information. |
|
| 422 |
|
| | | 440.1051(3) | 3rd | False report of workers' compensation fraud or retaliation for making such a report. |
|
| 423 |
|
| | | 501.001(2)(b) | 2nd | Tampers with a consumer product or the container using materially false/misleading information. |
|
| 424 |
|
| | | 624.401(4)(a) | 3rd | Transacting insurance without a certificate of authority. |
|
| 425 |
|
| | | 624.401(4)(b)1. | 3rd | Transacting insurance without a certificate of authority; premium collected less than $20,000. |
|
| 426 |
|
| | | 626.902(1)(a) & (b) | 3rd | Representing an unauthorized insurer. |
|
| 427 |
|
| | | 697.08 | 3rd | Equity skimming. |
|
| 428 |
|
| | | 790.15(3) | 3rd | Person directs another to discharge firearm from a vehicle. |
|
| 429 |
|
| | | 796.05(1) | 3rd | Live on earnings of a prostitute. |
|
| 430 |
|
| | | 806.10(1) | 3rd | Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting. |
|
| 431 |
|
| | | 806.10(2) | 3rd | Interferes with or assaults firefighter in performance of duty. |
|
| 432 |
|
| | | 810.09(2)(c) | 3rd | Trespass on property other than structure or conveyance armed with firearm or dangerous weapon. |
|
| 433 |
|
| | | 812.014(2)(c)2. | 3rd | Grand theft; $5,000 or more but less than $10,000. |
|
| 434 |
|
| | | 812.0145(2)(c) | 3rd | Theft from person 65 years of age or older; $300 or more but less than $10,000. |
|
| 435 |
|
| | | 815.04(4)(b) | 2nd | Computer offense devised to defraud or obtain property. |
|
| 436 |
|
| | | 817.034(4)(a)3. | 3rd | Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000. |
|
| 437 |
|
| | | 817.233 | 3rd | Burning to defraud insurer. |
|
| 438 |
|
| | | 817.234 (8)(b)-(c) | 3rd | Unlawful solicitation of persons involved in motor vehicle accidents. |
|
| 439 |
|
| | | 817.234(11)(a) | 3rd | Insurance fraud; property value less than $20,000. |
|
| 440 |
|
| | | 817.236 | 3rd | Filing a false motor vehicle insurance application. |
|
| 441 |
|
| | | 817.2361 | 3rd | Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card. |
|
| 442 |
|
| | | 817.413(2) | 3rd | Sale of used goods as new. |
|
| 443 |
|
| | | 817.505(4) | 3rd | Patient brokering. |
|
| 444 |
|
| | | 828.12(2) | 3rd | Tortures any animal with intent to inflict intense pain, serious physical injury, or death. |
|
| 445 |
|
| | | 831.28(2)(a) | 3rd | Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument. |
|
| 446 |
|
| | | 831.29 | 2nd | Possession of instruments for counterfeiting drivers' licenses or identification cards. |
|
| 447 |
|
| | | 838.021(3)(b) | 3rd | Threatens unlawful harm to public servant. |
|
| 448 |
|
| | | 843.19 | 3rd | Injure, disable, or kill police dog or horse. |
|
| 449 |
|
| | | 860.15(3) | 3rd | Overcharging for repairs and parts. |
|
| 450 |
|
| | | 870.01(2) | 3rd | Riot; inciting or encouraging. |
|
| 451 |
|
| | | 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). |
|
| 452 |
|
| | | 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. |
|
| 453 |
|
| | | 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. |
|
| 454 |
|
| | | 893.13(6)(a) | 3rd | Possession of any controlled substance other than felony possession of cannabis. |
|
| 455 |
|
| | | 893.13(7)(a)8. | 3rd | Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance. |
|
| 456 |
|
| | | 893.13(7)(a)9. | 3rd | Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc. |
|
| 457 |
|
| | | 893.13(7)(a)10. | 3rd | Affix false or forged label to package of controlled substance. |
|
| 458 |
|
| | | 893.13(7)(a)11. | 3rd | Furnish false or fraudulent material information on any document or record required by chapter 893. |
|
| 459 |
|
| | | 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. |
|
| 460 |
|
| | | 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. |
|
| 461 |
|
| | | 893.13(8)(a)3. | 3rd | Knowingly write a prescription for a controlled substance for a fictitious person. |
|
| 462 |
|
| | | 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. |
|
| 463 |
|
| | | 918.13(1)(a) | 3rd | Alter, destroy, or conceal investigation evidence. |
|
| 464 |
|
| | | 944.47 (1)(a)1.-2. | 3rd | Introduce contraband to correctional facility. |
|
| 465 |
|
| | | 944.47(1)(c) | 2nd | Possess contraband while upon the grounds of a correctional institution. |
|
| 466 |
|
| | | 985.721 | 3rd | Escapes from a juvenile facility (secure detention or residential commitment facility). |
|
| 467 |
|
| 468 | (e) LEVEL 5 |
| 469 |
|
| | | Florida Statute | Felony Degree | Description |
|
| 470 |
|
| | | 316.027(1)(a) | 3rd | Accidents involving personal injuries, failure to stop; leaving scene. |
|
| 471 |
|
| | | 316.1935(4)(a) | 2nd | Aggravated fleeing or eluding. |
|
| 472 |
|
| | | 322.34(6) | 3rd | Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury. |
|
| 473 |
|
| | | 327.30(5) | 3rd | Vessel accidents involving personal injury; leaving scene. |
|
| 474 |
|
| | | 381.0041(11)(b) | 3rd | Donate blood, plasma, or organs knowing HIV positive. |
|
| 475 |
|
| | | 440.10(1)(g) | 2nd | Failure to obtain workers' compensation coverage. |
|
| 476 |
|
| | | 440.105(5) | 2nd | Unlawful solicitation for the purpose of making workers' compensation claims. |
|
| 477 |
|
| | | 440.381(2) | 2nd | Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers' compensation premiums. |
|
| 478 |
|
| | | 624.401(4)(b)2. | 2nd | Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000. |
|
| 479 |
|
| | | 626.902(1)(c) | 2nd | Representing an unauthorized insurer; repeat offender. |
|
| 480 |
|
| | | 790.01(2) | 3rd | Carrying a concealed firearm. |
|
| 481 |
|
| | | 790.162 | 2nd | Threat to throw or discharge destructive device. |
|
| 482 |
|
| | | 790.163(1) | 2nd | False report of deadly explosive or weapon of mass destruction. |
|
| 483 |
|
| | | 790.221(1) | 2nd | Possession of short-barreled shotgun or machine gun. |
|
| 484 |
|
| | | 790.23 | 2nd | Felons in possession of firearms, ammunition, or electronic weapons or devices. |
|
| 485 |
|
| | | 800.04(6)(c) | 3rd | Lewd or lascivious conduct; offender less than 18 years. |
|
| 486 |
|
| | | 800.04(7)(b) | 2nd | Lewd or lascivious exhibition; offender 18 years or older. |
|
| 487 |
|
| | | 806.111(1) | 3rd | Possess, manufacture, or dispense fire bomb with intent to damage any structure or property. |
|
| 488 |
|
| | | 812.0145(2)(b) | 2nd | Theft from person 65 years of age or older; $10,000 or more but less than $50,000. |
|
| 489 |
|
| | | 812.015(8) | 3rd | Retail theft; property stolen is valued at $300 or more and one or more specified acts. |
|
| 490 |
|
| | | 812.019(1) | 2nd | Stolen property; dealing in or trafficking in. |
|
| 491 |
|
| | | 812.131(2)(b) | 3rd | Robbery by sudden snatching. |
|
| 492 |
|
| | | 812.16(2) | 3rd | Owning, operating, or conducting a chop shop. |
|
| 493 |
|
| | | 817.034(4)(a)2. | 2nd | Communications fraud, value $20,000 to $50,000. |
|
| 494 |
|
| | | 817.234(11)(b) | 2nd | Insurance fraud; property value $20,000 or more but less than $100,000. |
|
| 495 |
|
| | | 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. |
|
| 496 |
|
| | | 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. |
|
| 497 |
|
| | | 817.625(2)(b) | 2nd | Second or subsequent fraudulent use of scanning device or reencoder. |
|
| 498 |
|
| | | 825.1025(4) | 3rd | Lewd or lascivious exhibition in the presence of an elderly person or disabled adult. |
|
| 499 |
|
| | | 827.071(4) | 2nd | Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child. |
|
| 500 |
|
| | | 827.071(5) | 3rd | Possess any photographic material, motion picture, etc., which includes sexual conduct by a child. |
|
| 501 |
|
| | | 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. |
|
| 502 |
|
| | | 843.01 | 3rd | Resist officer with violence to person; resist arrest with violence. |
|
| 503 |
|
| | | 847.0135(5)(b) | 2nd | Lewd or lascivious exhibition using computer; offender 18 years or older. |
|
| 504 |
|
| | | 847.0137 (2) & (3) | 3rd | Transmission of pornography by electronic device or equipment. |
|
| 505 |
|
| | | 847.0138 (2) & (3) | 3rd | Transmission of material harmful to minors to a minor by electronic device or equipment. |
|
| 506 |
|
| | | 874.05(2) | 2nd | Encouraging or recruiting another to join a criminal gang; second or subsequent offense. |
|
| 507 |
|
| | | 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). |
|
| 508 |
|
| | | 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. |
|
| 509 |
|
| | | 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. |
|
| 510 |
|
| | | 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. |
|
| 511 |
|
| | | 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. |
|
| 512 |
|
| | | 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). |
|
| 513 |
|
| | | 893.1351(1) | 3rd | Ownership, lease, or rental for trafficking in or manufacturing of controlled substance. |
|
| 514 |
|
| 515 | Section 5. This act shall take effect July 1, 2011. |
