Bill Text: FL S0962 | 2014 | Regular Session | Introduced
Bill Title: Medical Use of Cannabis
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2014-05-02 - Died in Health Policy, companion bill(s) passed, see CS/CS/SB 1030 (Ch. 2014-157) [S0962 Detail]
Download: Florida-2014-S0962-Introduced.html
Florida Senate - 2014 SB 962 By Senator Clemens 27-00264A-14 2014962__ 1 A bill to be entitled 2 An act relating to the medical use of cannabis; 3 providing a short title; creating part XVII of ch. 4 468, F.S.; creating s. 468.901, F.S.; providing a 5 purpose; creating s. 468.902, F.S.; providing 6 legislative findings and intent; creating s. 468.903, 7 F.S.; defining terms; creating s. 468.904, F.S.; 8 requiring the Department of Business and Professional 9 Regulation to regulate the manufacture, cultivation, 10 possession, wholesale distribution, dispensing, 11 purchase, delivery, and sale of cannabis for medical 12 use and the manufacture, possession, purchase, sale, 13 use, and delivery of drug paraphernalia; providing 14 that the department is responsible for the licensure 15 and permitting of dispensaries and medical cannabis 16 farms and the registration of owners, directors, 17 officers, members, incorporators, employees, and 18 agents of such farms and dispensaries; requiring the 19 department to require medical cannabis farms and 20 dispensaries to maintain certain records and 21 information; requiring the department to develop and 22 make available educational materials, conduct 23 inspections, and revoke or suspend registrations, 24 licenses, and permits; requiring the department to 25 adopt certain rules; creating s. 468.905, F.S.; 26 authorizing a medical cannabis farm to cultivate, 27 sell, manufacture, or deliver, or possess with the 28 intent to sell, manufacture, or deliver, cannabis and 29 cannabis plants for wholesale in this state; 30 authorizing a medical cannabis farm to deliver, 31 possess with intent to deliver, or manufacture with 32 intent to deliver drug paraphernalia; requiring a 33 medical cannabis farm to be permitted with the 34 department before possessing, manufacturing, 35 cultivating, delivering, distributing, and wholesaling 36 cannabis, cannabis-based products, cannabis plants, or 37 drug paraphernalia; requiring agricultural 38 classification of land used as a medical cannabis 39 farm; prohibiting a medical cannabis farm from 40 conducting retail sales or transactions; requiring a 41 medical cannabis farm to implement a security plan and 42 maintain procedures in which cannabis and cannabis 43 based products are accessible only to authorized 44 personnel; providing that the active ingredient in all 45 cannabis-based products cultivated, manufactured, and 46 wholesaled to a licensed dispensary in this state must 47 be wholly derived from cannabis plants cultivated in 48 this state, except for cannabis seeds and seedlings; 49 providing that a medical cannabis farm is provided 50 certain protections and is not deemed a public 51 nuisance solely because its farm product includes the 52 production of cannabis; creating s. 468.906, F.S.; 53 authorizing a dispensary to distribute, purchase, sell 54 or deliver, or possess with the intent to sell or 55 deliver cannabis, cannabis-based products, cannabis 56 plants, and drug paraphernalia in order to dispense 57 and sell to a qualifying patient or patient’s 58 caregiver and to purchase, distribute, deliver, or 59 possess with intent to deliver drug paraphernalia; 60 requiring a dispensary to be licensed with the 61 department before possessing, purchasing, delivering, 62 distributing, or retailing cannabis, cannabis-based 63 products, cannabis plants, or drug paraphernalia; 64 requiring a dispensary to purchase cannabis, cannabis 65 based products, and cannabis plants from a medical 66 cannabis farm that has a department-issued permit; 67 prohibiting a dispensary from conducting wholesale 68 sales or transactions; authorizing a dispensary to 69 retail to a qualifying patient or patient’s caregiver 70 cannabis, cannabis-based products, cannabis plants, or 71 drug paraphernalia if the qualifying patient or 72 patient’s caregiver meets certain conditions; limiting 73 a certain amount of usable cannabis and number of 74 cannabis plant seedlings that a qualifying patient and 75 a patient’s caregiver may purchase within a certain 76 time period; requiring a dispensary to maintain 77 certain records for a specified number of years; 78 requiring a dispensary to implement a security plan; 79 requiring a dispensary to make available educational 80 materials; requiring a dispensary to prohibit a 81 qualifying patient from administering or using, and 82 prohibiting a caregiver from assisting a qualifying 83 patient in administering or using, any form of 84 cannabis while on the property of the dispensary; 85 providing that a person who administers or uses, or 86 assists another to administer or use, any form of 87 cannabis on the property of a dispensary subjects the 88 dispensary to penalties; creating s. 468.907, F.S.; 89 requiring a person to register with the department if 90 he or she desires to be an owner, director, officer, 91 member, incorporator, agent, or employee of a medical 92 cannabis farm or dispensary; requiring the department 93 to establish certain registration fees and determine 94 if the registrant has certain felony convictions; 95 prohibiting the department from approving a registrant 96 as an owner, director, officer, member, incorporator, 97 agent, or employee of a medical cannabis farm or 98 dispensary if such registrant has certain felony 99 convictions; providing that a person who violates or 100 has violated this act may not be an owner, director, 101 officer, member, incorporator, agent, or employee of a 102 medical cannabis farm or dispensary; providing that 103 any prior authorization of such person shall be 104 immediately revoked; requiring the department to 105 suspend the license or permit of the medical cannabis 106 farm or dispensary until such person resigns or is 107 removed from such position; authorizing a registrant 108 to commence an action in a court of competent 109 jurisdiction to compel the department to perform 110 certain actions if the department fails to adopt rules 111 by a specified date; creating s. 468.908, F.S.; 112 prohibiting a person from operating a medical cannabis 113 farm except in accordance with part XVII of ch. 468, 114 F.S.; requiring an applicant for an initial permit or 115 for a renewal permit to operate a medical cannabis 116 farm to provide certain information in the 117 application; requiring the department to establish by 118 rule application fees and permitting fees; providing 119 maximum amounts for the fees; requiring a person who 120 possesses, cultivates, manufactures, delivers, 121 distributes, or wholesales cannabis, cannabis-based 122 products, or cannabis plants at one or more locations 123 to possess a current, valid permit for each location; 124 authorizing an applicant for a permit to operate a 125 medical cannabis farm to commence an action in a court 126 of competent jurisdiction to compel the Department of 127 Business and Professional Regulation to perform 128 certain actions if the department fails to adopt rules 129 by a specified date; creating s. 468.909, F.S.; 130 prohibiting a person from operating a dispensary in 131 this state except in accordance with part XVII of ch. 132 468, F.S.; requiring an applicant for an initial 133 license or for a renewal license to operate a 134 dispensary to provide certain information in the 135 application; requiring the department to establish by 136 rule application fees and licensure fees; providing 137 maximum amounts for the fees; requiring a person who 138 conducts the wholesale purchase or retail sale of drug 139 paraphernalia or any form of cannabis at more than one 140 location to possess a current, valid license for each 141 location; authorizing an applicant for a license to 142 operate a dispensary to commence an action in a court 143 of competent jurisdiction to compel the department to 144 perform certain actions if the department fails to 145 adopt rules by a specified date; creating s. 468.910, 146 F.S.; providing requirements for submitting an 147 application for a license or a permit; authorizing the 148 department to require an applicant to furnish other 149 information or data; creating s. 468.911, F.S.; 150 providing requirements for licenses and permits; 151 authorizing the department to include other 152 information on a license or permit; providing that a 153 license or permit may not be issued, renewed, or 154 allowed to remain in effect in certain circumstances; 155 prohibiting a person from knowingly submitting or 156 presenting to the department a false, fictitious, or 157 misrepresented application, identification, document, 158 information, statement, or data intended or likely to 159 deceive the department in order to obtain a license or 160 permit; creating s. 468.912, F.S.; authorizing the use 161 of certain terms to designate a medical cannabis farm 162 that has a department-issued permit or a licensed 163 dispensary; requiring conspicuous display of a license 164 or permit; providing specified dates for validity and 165 expiration of licenses and permits; providing 166 application procedures for obtaining initial and 167 renewal licenses and permits; authorizing the 168 department to seize all forms of cannabis and drug 169 paraphernalia and dispose of them if the licensee or 170 permittee fails to renew a license or permit; 171 requiring funds collected from such disposal to be 172 deposited in the Professional Regulation Trust Fund; 173 providing the fee structure for reactivating an 174 inactive license or permit; creating s. 468.913, F.S.; 175 requiring the reporting of a loss, theft, or 176 unexplained shortage of cannabis, cannabis-based 177 products, cannabis plants, or drug paraphernalia to 178 the local law enforcement agency and the department; 179 requiring an investigating law enforcement agency to 180 forward a copy of its written report to the 181 department; requiring the department to retain such 182 reports; requiring any sheriff or law enforcement 183 officer in this state to give immediate notice to the 184 department of a theft, illegal use, or illegal 185 possession of cannabis, cannabis-based product, 186 cannabis plants, or drug paraphernalia and to forward 187 a copy of his or her final written report to the 188 department; creating s. 468.914, F.S.; authorizing the 189 department to issue cease and desist orders and to 190 impose administrative fines for violations of part 191 XVII of ch. 468, F.S., and applicable department 192 rules; authorizing the department to seek injunctive 193 relief and to apply for temporary and permanent orders 194 for certain violations; authorizing the department to 195 revoke or suspend all licenses or permits held by a 196 person; providing requirements for an order of 197 suspension and an order of revocation; providing for 198 application of an order of revocation or suspension to 199 a newly issued permit or license; providing that a 200 person whose permit or license has been suspended or 201 revoked may not be issued a new permit or license 202 under any other name or company name until the 203 expiration of the suspension or revocation; 204 authorizing the department to revoke or suspend a 205 license or permit for certain violations or acts; 206 providing criminal penalties; providing that other 207 lawful remedies are not affected; requiring that all 208 fines, monetary penalties, and costs received by the 209 department in connection with this part be deposited 210 into the Professional Regulation Trust Fund of the 211 Department of Business and Professional Regulation; 212 creating s. 468.915, F.S.; requiring that all hearings 213 and review of orders from the department be conducted 214 in accordance with ch. 120, F.S.; creating s. 468.916, 215 F.S.; prohibiting a county or municipality from 216 creating or imposing an ordinance or rule that is 217 inconsistent with the provisions contained in this act 218 and the applicable department rules; creating s. 219 468.917, F.S.; requiring that all moneys collected and 220 deposited in the Professional Regulation Trust Fund be 221 used by the department in the administration of part 222 XVII of ch. 468, F.S.; requiring the department to 223 maintain a separate account in the Professional 224 Regulation Trust Fund for the Drugs, Devices, and 225 Cosmetics program; creating s. 468.918, F.S.; 226 requiring the Department of Business and Professional 227 Regulation and the Department of Revenue to adopt 228 rules by a specified date, including rules that 229 specify persons who may legally possess cannabis for 230 the purpose of teaching, research, or testing; 231 requiring the fees collected by the departments to be 232 applied first to the cost of administering the act; 233 authorizing a state resident to commence an action in 234 a court of competent jurisdiction if the departments 235 fail to adopt rules by a specified date; creating part 236 III of ch. 499, F.S.; creating s. 499.802, F.S.; 237 defining terms; creating s. 499.803, F.S.; authorizing 238 a qualifying patient to cultivate, possess, and 239 administer cannabis for medical use and to possess and 240 use drug paraphernalia for a specified purpose; 241 authorizing the patient’s caregiver to cultivate, 242 possess, and administer cannabis for medical use for a 243 qualifying patient and to possess, deliver, and use 244 drug paraphernalia for a specified purpose; providing 245 that a registry identification card, or its 246 equivalent, issued from another jurisdiction has the 247 same force and effect as a registry identification 248 card issued by the Department of Health; requiring a 249 qualifying patient to present to a law enforcement 250 officer a registry identification card to confirm that 251 the patient may cultivate, possess, and administer 252 cannabis for medical use and possess and use drug 253 paraphernalia; requiring a patient’s caregiver to 254 present to a law enforcement officer a registry 255 identification card to confirm that the caregiver may 256 cultivate, possess, and administer cannabis for a 257 qualifying patient and possess, deliver, and use drug 258 paraphernalia; authorizing a qualifying patient or the 259 patient’s caregiver to purchase, possess, administer, 260 or deliver cannabis, cannabis-based products, cannabis 261 plants, and drug paraphernalia that is obtained only 262 from a dispensary or medical cannabis farm or to 263 cultivate cannabis and cannabis plants for only the 264 qualifying patient’s possession and administration; 265 authorizing a qualifying patient who is a minor to 266 possess, use, or administer medical cannabis only in 267 the presence of the minor’s parent or legal guardian 268 and only if the minor’s parent or legal guardian signs 269 a written statement; providing requirements for the 270 written statement; providing a procedure for changing 271 the patient’s designation of a caregiver; providing a 272 procedure for replacing a lost registry identification 273 card; providing that a registration form to obtain a 274 registry identification card is a registry 275 identification card if the department fails to issue 276 or deny the registration within a specified number of 277 days; authorizing the department to revoke a 278 cardholder’s registry identification card; creating s. 279 499.804, F.S.; requiring a person who seeks 280 designation as a qualifying patient or the patient’s 281 caregiver to register with the department; authorizing 282 the maximum number of qualifying patients a patient’s 283 caregiver may be connected to through the department’s 284 registration process; requiring a qualifying patient 285 or the patient’s caregiver to deliver or distribute 286 cannabis in a labeled container or sealed package; 287 prescribing the maximum amount of cannabis which a 288 qualifying patient or the patient’s caregiver may 289 possess; requiring a cardholder to cultivate cannabis 290 plants in certain venues that are out of the public 291 view; providing exceptions for delivering or 292 distributing cannabis plants under certain 293 circumstances; authorizing cannabis to be administered 294 in certain medical treatment facilities under certain 295 circumstances; prohibiting medical cannabis from being 296 administered at a dispensary or in a public place, 297 other than at a medical treatment facility; providing 298 that the act does not allow a person to undertake a 299 task under the influence of cannabis when doing so 300 constitutes negligence or malpractice; providing that 301 the medical use of cannabis does not create a defense 302 to certain offenses; providing that evidence of a 303 person’s voluntary intoxication that results from the 304 medical use of cannabis is not admissible in a 305 judicial proceeding to show lack of specific intent or 306 insanity; providing an exception; authorizing a person 307 or entity to provide information about the existence 308 or operation of a medical cannabis farm or dispensary 309 to another person; prohibiting a law enforcement 310 officer from further stopping or detaining a person 311 stopped by the officer if that person is in compliance 312 with the laws and rules regulating the medical use of 313 cannabis or drug paraphernalia; creating s. 499.805, 314 F.S.; authorizing a physician to prescribe, in 315 writing, the medical use of cannabis under certain 316 circumstances; providing requirements for the written 317 prescription; providing that a physician is not 318 subject to arrest, prosecution, penalty, disciplinary 319 proceedings, or denial of a right or privilege for 320 advising a qualifying patient about the medical use of 321 cannabis, recommending the medical use of cannabis, 322 providing a written prescription for a patient’s 323 medical use of cannabis, or stating that, in the 324 physician’s professional opinion, the potential 325 benefits of the medical use of cannabis likely 326 outweigh the health risks for a patient; prohibiting a 327 physician from having a professional office located at 328 a medical cannabis farm or dispensary or receiving 329 financial compensation from a medical cannabis farm or 330 dispensary or its owners, directors, officers, 331 members, incorporators, agents, or employees; creating 332 s. 499.806, F.S.; providing that qualifying patients 333 and their caregivers and certain nurse practitioners, 334 registered nurses, pharmacists, and other persons are 335 not subject to arrest, prosecution, penalty, or denial 336 of any right or privilege as a result of the lawful 337 applicable activity regarding the medical use of 338 cannabis under certain circumstances; prohibiting a 339 school, employer, or property owner from refusing to 340 enroll, employ, or lease to or otherwise penalizing a 341 person who is a cardholder; creating a presumption 342 when a qualifying patient or the patient’s caregiver 343 is engaged in the medical use of cannabis under 344 certain circumstances; authorizing the use of evidence 345 to rebut that presumption; authorizing the patient’s 346 caregiver to be reimbursed for certain costs; 347 providing that such reimbursement does not constitute 348 the sale of a controlled substance under s. 893.13, 349 F.S.; providing that a qualifying patient’s medical 350 use of cannabis is equivalent to the use of any other 351 medication used at the direction of a physician; 352 providing that such use does not constitute the use of 353 an illicit drug under s. 893.03, F.S.; providing that 354 a person, cardholder, medical cannabis farm, or 355 dispensary that cultivates, manufactures, possesses, 356 administers, dispenses, distributes, or uses cannabis, 357 or manufactures, possesses, distributes, or uses drug 358 paraphernalia, in a manner not authorized by this act, 359 is subject to criminal prosecution and sanctions under 360 the Florida Comprehensive Drug Abuse Prevention and 361 Control Act; providing that a person who makes a 362 fraudulent representation to a law enforcement officer 363 relating to certain activities involving medical use 364 of cannabis or drug paraphernalia is subject to a 365 criminal fine in addition to other penalties under 366 law; creating s. 499.807, F.S.; providing additional 367 defenses to a prosecution involving cannabis; 368 authorizing the clerk of the court to assess a fee for 369 dismissal of a criminal charge of possession, use, or 370 administration of a legal amount of cannabis for 371 medical use or drug paraphernalia under certain 372 circumstances; authorizing a cardholder to assert the 373 purpose for the medical use of cannabis in a motion to 374 dismiss; providing that certain interests or rights to 375 property related to a qualifying patient’s medical use 376 of cannabis may not be forfeited under the Florida 377 Contraband Forfeiture Act under certain circumstances; 378 creating s. 499.808, F.S.; providing that the act does 379 not require a governmental, private, or other health 380 insurance provider or health care services plan to 381 cover, or prohibit it from covering, a claim for 382 reimbursement for the medical use of cannabis; 383 creating s. 499.809, F.S.; prohibiting an employer, 384 laboratory, employee assistance program, or alcohol 385 and drug rehabilitation program and their agents from 386 releasing certain information without written consent; 387 providing requirements for written consent; 388 prohibiting information regarding a qualifying patient 389 or the patient’s caregiver from being released or used 390 in a criminal proceeding; providing that such 391 information is inadmissible as evidence; authorizing 392 the Department of Health and its employees to have 393 access to information regarding a qualifying patient 394 or the patient’s caregiver under certain 395 circumstances; creating s. 499.810, F.S.; requiring 396 the department to adopt rules by a specified date; 397 requiring the fees collected by the Department of 398 Health to be applied first to the cost of 399 administering part III of ch. 499; authorizing a state 400 resident to commence an action in a court of competent 401 jurisdiction if the departments fail to adopt rules by 402 a specified date; conforming provisions to changes 403 made by the act; authorizing the executive director of 404 the Department of Revenue to adopt emergency rules; 405 amending ss. 812.14, 893.03, 893.13, 893.1351, 406 893.145, 893.147, and 921.0022, F.S.; providing an 407 effective date. 408 409 Be It Enacted by the Legislature of the State of Florida: 410 411 Section 1. This act may be cited as the “Cathy Jordan 412 Medical Cannabis Act.” 413 Section 2. Part XVII of chapter 468, Florida Statutes, 414 consisting of sections 468.901-468.918, is created to read: 415 468.901 Purpose.—The purpose of part III of chapter 499 and 416 this part is to: 417 (1) Make a distinction between the medical use and 418 nonmedical use of cannabis and to protect qualifying patients, 419 their prescribing physicians, their caregivers, and persons who 420 lawfully engage in activities associated with the operation of a 421 dispensary or a medical cannabis farm from arrest, criminal 422 prosecution, property forfeiture, and other penalties if such 423 patients, physicians, caregivers, and persons engage in the 424 medical use of cannabis. Compassionate medical use of cannabis 425 will also reduce state law enforcement costs, including, but not 426 limited to, state prison costs, local jail costs, felony 427 prosecution costs, court and probation costs, costs associated 428 with felony and misdemeanor arrests, and alternative treatment 429 costs by reducing the incidence of arrest and prosecution of 430 nonviolent cannabis users and traffickers in the state. 431 (2) Provide consumer protection regarding the medical use 432 of cannabis by regulating the cultivation, manufacturing, 433 wholesale distribution, prescribing, and retailing of cannabis, 434 cannabis-based products, cannabis plants, and drug paraphernalia 435 in the state in order to: 436 (a) Safeguard the public health, safety, and welfare. 437 (b) Protect the public from being misled by unscrupulous 438 and unauthorized persons or criminal activity. 439 (c) Ensure the highest degree of conduct on the part of 440 owners, directors, officers, members, employees, and agents of 441 medical cannabis farms and dispensaries. 442 (d) Ensure the availability of controlled distribution and 443 use of high-quality cannabis, cannabis-based products, cannabis 444 plants, and drug paraphernalia in this state for the benefit of 445 a qualifying patient who is prescribed cannabis for medical use. 446 468.902 Legislative findings and intent.— 447 (1) The Legislature finds that: 448 (a) Modern medical research has discovered beneficial uses 449 for cannabis in treating or alleviating pain, nausea, and other 450 symptoms associated with certain qualifying medical conditions, 451 as indicated by the National Academy of Sciences’ Institute of 452 Medicine (IOM) in its report dated March 1999, cited by the 453 United States Department of Health and Human Services, which 454 found that “there is substantial consensus among experts in the 455 relevant disciplines on the scientific evidence about potential 456 medical uses of marijuana.” 457 (b) The prohibition against the use of cannabis has been in 458 effect for many years and is rooted in outdated scientific 459 evidence that does not make a reasonable distinction between its 460 recreational use and beneficial medicinal use. 461 (c) Although federal law currently prohibits any use of 462 marijuana and cannabis, the laws of Alaska, Arizona, California, 463 Colorado, Connecticut, Delaware, District of Columbia, Hawaii, 464 Illinois, Maine, Massachusetts, Michigan, Montana, Nevada, New 465 Hampshire, New Jersey, New Mexico, Oregon, Rhode Island, 466 Vermont, and Washington allow the medical use of cannabis and 467 the cultivation of marijuana as of January 2014. This state 468 joins in this effort for the health, safety, and welfare of its 469 residents through enacting the Cathy Jordan Medical Cannabis Act 470 and creating license and permit regulations in this part. 471 (d) The medical use of cannabis offers a substantial 472 benefit to the health, safety, and welfare of the residents of 473 this state, and it is the intent of the Legislature that this 474 part and part III of chapter 499 be liberally construed to make 475 these benefits available to the residents of this state. 476 (e) The states are not required to enforce federal law or 477 prosecute people for engaging in activities prohibited by 478 federal law. Therefore, compliance with this part and part III 479 of chapter 499 does not place this state in violation of federal 480 law. 481 (2) The Tenth Amendment of the United States Constitution 482 provides that powers not delegated to the Federal Government by 483 the federal constitution, nor prohibited to the states, are 484 reserved to the states or the people. Therefore, the Legislature 485 may enact this part pursuant to its police power to enact 486 legislation for the protection of the health of its residents. 487 (3) The provisions of this part and part III of chapter 499 488 are cumulative and do not repeal or affect any power, duty, or 489 authority of the Department of Business and Professional 490 Regulation, the Department of Health, and the Department of 491 Revenue under any other law of this state, except with respect 492 to the regulation of cannabis as provided in this part and part 493 III of chapter 499. If the provisions of this part or part III 494 of chapter 499 conflict with any other such law, the provisions 495 of this part and part III of chapter 499 control. 496 468.903 Definitions.—As used in this part, unless the 497 context clearly indicates otherwise, the term: 498 (1) “Administer” has the same meaning as provided in s. 499 893.02. 500 (2) “Cannabis” has the same meaning as provided in s. 501 893.02. 502 (3) “Cannabis-based product” means a product that contains 503 cannabis or any of its derivatives, including, but not limited 504 to, tonics, tinctures, balms, salves, lotions, sprays, 505 ointments, teas, sodas, and pills. 506 (4) “Cannabis plant” has the same meaning as provided in s. 507 893.135. 508 (5) “Cultivating” has the same meaning as provided in s. 509 893.02. 510 (6) “Deliver” or “delivery” has the same meaning as 511 provided in s. 893.02. 512 (7) “Department” means the Department of Business and 513 Professional Regulation. 514 (8) “Dispensary” means a facility that is: 515 (a) Licensed by the department pursuant to this chapter; 516 and 517 (b) Operated by an organization or business from or at 518 which cannabis, cannabis-based products, and cannabis plants are 519 delivered, purchased, possessed, or dispensed and drug 520 paraphernalia are possessed, delivered, or distributed to a 521 qualifying patient or the patient’s caregiver. 522 (9) “Dispense” means the transfer of possession of cannabis 523 by a person who represents that it is his or her intention not 524 to consume the cannabis but to transfer it to the ultimate 525 consumer or user for its medical use in accordance with this 526 part, part III of chapter 499, or department rule. 527 (10) “Distribute” has the same meaning as provided in s. 528 893.02. 529 (11) “Drug paraphernalia” has the same meaning as provided 530 in s. 893.145, is related to the medical use of cannabis, and is 531 not deemed contraband that is subject to civil forfeiture. 532 (12) “Manufacture” means the production, preparation, 533 propagation, compounding, conversion, or processing of cannabis, 534 directly or indirectly, by extraction from substances of natural 535 origin, independently by means of chemical synthesis, or by a 536 combination of extraction and chemical synthesis, and includes 537 the packaging or repackaging of the substance and the labeling 538 or relabeling of its container. 539 (13) “Medical cannabis farm” means land that: 540 (a) Is currently classified as agricultural pursuant to s. 541 193.461 by the county property appraiser, a value adjustment 542 board, a court of competent jurisdiction, or the board of county 543 commissioners of the county in which the land is located, before 544 application for a permit to use the land to cultivate cannabis 545 plants is granted; and 546 (b) Is or will be used primarily for bona fide agricultural 547 purposes as provided in s. 193.461. 548 (14) “Medical use” means the prescriptive use of any form 549 of cannabis to treat a qualifying medical condition and the 550 symptoms associated with that condition or to alleviate the side 551 effects of a qualifying medical treatment. 552 (15) “Patient’s caregiver” or “caregiver” means a person 553 who is: 554 (a) Designated by a qualifying patient and registered with 555 the Department of Health as the person authorized, on the 556 qualifying patient’s behalf, to cultivate, deliver, possess, 557 purchase, and assist in the administration of cannabis; and 558 (b) At least 18 years of age. 559 (16) “Physician” means a person who is licensed under 560 chapter 458 or chapter 459 and holds a valid federal controlled 561 substance registry number. 562 (17) “Qualifying medical condition” means: 563 (a) Acquired immune deficiency syndrome (AIDS) or positive 564 status for human immunodeficiency virus (HIV); 565 (b) Alzheimer’s disease or agitation of Alzheimer’s 566 disease; 567 (c) Amyotrophic lateral sclerosis (ALS); 568 (d) Anorexia; 569 (e) Cachexia; 570 (f) Cancer; 571 (g) Chronic debilitating pain; 572 (h) Damage to the nervous tissue of the spinal cord with 573 objective neurological indication of intractable spasticity; 574 (i) Decompensated cirrhosis; 575 (j) Epilepsy and other disorders characterized by seizures; 576 (k) Fibromyalgia; 577 (l) Glaucoma; 578 (m) Hepatitis C; 579 (n) Inflammatory bowel disease, including Crohn’s disease; 580 (o) Multiple sclerosis and other disorders characterized by 581 muscle spasticity; 582 (p) Muscular dystrophy; 583 (q) Nail-patella syndrome; 584 (r) Neuroborreliosis; 585 (s) Organ transplantation; 586 (t) Painful peripheral neuropathy; 587 (u) Parkinson’s disease; 588 (v) Persistent nausea or severe emesis; 589 (w) Post-traumatic stress disorder (PTSD); or 590 (x) Terminal illness, if the physician has determined a 591 prognosis of less than 12 months of life. 592 (18) “Qualifying medical treatment” means: 593 (a) Chemotherapy; 594 (b) Radiotherapy; 595 (c) The use of azidothymidine or protease inhibitors; or 596 (d) Treatment of a qualifying medical condition as 597 specified in subsection (17). 598 (19) “Qualifying patient” means a person who is a resident 599 of this state and registered with the Department of Health as a 600 person who has been diagnosed by a physician as having a 601 qualifying medical condition or undergoing a qualifying medical 602 treatment. 603 (20) “Registry identification card” means a nontransferable 604 document issued by the Department of Health which identifies a 605 person as a qualifying patient or a patient’s caregiver. 606 (21) “Usable cannabis” means the dried flowers of the 607 cannabis plant, and any mixture or preparation of the flowers, 608 but does not include the seeds, stalks, and roots of the plant 609 and does not include the weight of any noncannabis ingredients 610 combined with cannabis and prepared for consumption as food or 611 drink. 612 468.904 Department duties and responsibilities.— 613 (1) The department shall regulate the manufacture, 614 cultivation, possession, wholesale distribution, dispensing, 615 purchase, delivery, and sale of cannabis for medical use and the 616 manufacture, possession, purchase, sale, use, and delivery of 617 drug paraphernalia. The department is responsible for the 618 licensure and permitting of dispensaries and medical cannabis 619 farms in this state and for the requirements for, and approval 620 of, the registration of each owner, director, officer, 621 incorporator, member, employee, and agent of each such farm and 622 dispensary. 623 (2) The department shall, subject to department rule, 624 require each medical cannabis farm and each dispensary to 625 maintain true, complete, and current records of: 626 (a) The name, address, home telephone number, and date of 627 birth of each owner, director, officer, employee, incorporator, 628 member, and agent; and 629 (b) Each transaction at a medical cannabis farm or 630 dispensary, including: 631 1. The quantity of cannabis distributed or dispensed for 632 each transaction; 633 2. A continuous inventory of the quantity of cannabis, 634 cannabis plants, and drug paraphernalia at the medical cannabis 635 farm or dispensary; 636 3. Records of the disposal and disposal method used for any 637 cannabis, drug paraphernalia, cannabis-based product, or 638 cannabis plant that was manufactured, cultivated, or acquired 639 but not sold or inventoried; and 640 4. Any other information required by the department. 641 (3) The department shall, subject to department rule: 642 (a) Develop and make available to each medical cannabis 643 farm, each dispensary, and the general public educational 644 materials about potential harmful drug interactions that could 645 occur from the concurrent medical use of cannabis with other 646 medical treatments; 647 (b) Inform the public and private hospitals, health care 648 providers, pharmacists, and duly licensed dispensaries in this 649 state of the medical use of cannabis to help avoid harmful drug 650 interactions; 651 (c) Conduct announced and unannounced inspections of 652 medical cannabis farms and dispensaries; and 653 (d) Revoke or suspend the registration, license, or permit 654 of a person, dispensary, or medical cannabis farm if the 655 department determines that the person, dispensary, or medical 656 cannabis farm has violated department rule, this part, or part 657 III of chapter 499. 658 (4) The department shall adopt rules that are necessary to 659 administer this section and that are in substantial conformity 660 with generally accepted standards of safety, including rules 661 that are reasonably necessary to protect the health, safety, and 662 welfare of the public and the persons who cultivate, deliver, 663 possess, manufacture, sell at wholesale, or retail cannabis, 664 cannabis-based products, cannabis plants, and drug 665 paraphernalia. 666 468.905 Medical cannabis farms.— 667 (1) Notwithstanding any other provision of law and in 668 accordance with this part, part III of chapter 499, and 669 department rule, a medical cannabis farm may: 670 (a) Cultivate, manufacture, sell, or deliver, or possess 671 with the intent to sell, manufacture, or deliver, cannabis, 672 cannabis-based products, and cannabis plants for wholesale in 673 this state for the purpose of distribution to a licensed 674 dispensary in this state; and 675 (b) Deliver, possess with intent to deliver, or manufacture 676 with intent to deliver drug paraphernalia. 677 (2) A medical cannabis farm must obtain a valid permit from 678 the department before possessing, manufacturing, cultivating, 679 delivering, and wholesaling cannabis, cannabis-based products, 680 cannabis plants, and drug paraphernalia in accordance with this 681 part, part III of chapter 499, and department rule. 682 (3) A person who applies to the department for a permit to 683 operate a medical cannabis farm must use the land on which the 684 farm will be located primarily for bona fide agricultural 685 purposes and must obtain the agricultural classification 686 pursuant to s. 193.461 from the county property appraiser, a 687 value adjustment board, a court of competent jurisdiction, or 688 the board of county commissioners of the county in which the 689 land is located before applying for a medical cannabis farm 690 permit. 691 (4) A medical cannabis farm shall implement a security plan 692 to prevent the theft or diversion of all cannabis, cannabis 693 based products, and raw ingredients, including, but not limited 694 to, cannabis plants; derivatives of cannabis plants; and 695 seedlings and seeds, whether in ground or not in ground, visible 696 or not visible to the public. 697 (5) A medical cannabis farm shall maintain procedures under 698 which cannabis, cannabis-based products, and raw ingredients, 699 including all cannabis plants; derivatives of cannabis plants; 700 seedlings and seeds, whether in ground or not in ground, visible 701 or not visible to the public, are accessible only to authorized 702 personnel. 703 (6) The active ingredient in all cannabis and cannabis 704 based products that are cultivated, manufactured, and sold at 705 wholesale to a licensed dispensary in this state must be wholly 706 derived from cannabis plants that are cultivated in this state. 707 However, such active ingredient may be wholly derived from 708 cannabis seeds and seedlings that are cultivated in this state 709 or outside this state. 710 (7) A medical cannabis farm is subject to the protections 711 of s. 823.14 and is not deemed a public nuisance solely because 712 its farm product includes the production of cannabis or any 713 product derived from the cannabis plant. 714 468.906 Dispensaries.— 715 (1) Notwithstanding any other provision of law and in 716 accordance with this part, part III of chapter 499, and 717 department rule, a dispensary may distribute, purchase, sell, or 718 deliver, or possess with the intent to sell or deliver, cannabis 719 for medical use for the purpose of dispensing and selling to a 720 qualifying patient or the patient’s caregiver cannabis, 721 cannabis-based products, and cannabis plants, and may purchase, 722 distribute, or deliver, or possess with intent to deliver, drug 723 paraphernalia. 724 (2) A dispensary must be licensed with the department 725 before possessing, purchasing, delivering, distributing, or 726 retailing cannabis, cannabis-based products, cannabis plants, or 727 drug paraphernalia. All cannabis, cannabis-based products, 728 cannabis plants, and drug paraphernalia sold by, at, or through 729 a licensed dispensary must be purchased from a medical cannabis 730 farm that has a valid, department-issued permit. 731 (3) A dispensary may not conduct wholesale sales or 732 transactions. 733 (4) A dispensary may sell at retail to a qualifying patient 734 or the patient’s caregiver cannabis, cannabis-based products, 735 cannabis plants, or drug paraphernalia only if the qualifying 736 patient or patient’s caregiver is in possession of his or her 737 valid registry identification card at the time and place of 738 purchase. 739 (5)(a) A qualifying patient may not purchase within a 30 740 day period more than: 741 1. Two hundred and fifty grams of usable cannabis; and 742 2. Six cannabis plant seedlings. 743 (b) A patient’s caregiver may not purchase within a 30-day 744 period more than: 745 1. Two hundred and fifty grams of usable cannabis for each 746 qualifying patient that the caregiver is connected to through 747 the Department of Health’s registration process as indicated on 748 his or her valid registry identification card; and 749 2. Six cannabis plant seedlings for each qualifying patient 750 that the caregiver is connected to through the Department of 751 Health’s registration process as indicated on his or her valid 752 registry identification card. 753 (6) A dispensary shall maintain true, complete, and current 754 records of the name and registry identification card number of 755 each qualifying patient and patient’s caregiver who purchases 756 cannabis, cannabis-based products, or cannabis plants, except 757 for drug paraphernalia, subject to the confidentiality 758 limitations in s. 499.809. The records maintained under this 759 subsection shall be retained for 3 years and must include: 760 (a) The amount paid for the transaction for cannabis, 761 cannabis-based product, or cannabis plants; and 762 (b) The registry identification card number of each 763 purchaser of cannabis, cannabis-based product, or cannabis 764 plant, subject to the confidentiality limitations in s. 499.809. 765 (7) A dispensary shall implement a security plan to prevent 766 the theft or diversion of cannabis, including maintaining all 767 cannabis in a secure, locked room that is accessible only by 768 authorized persons. 769 (8) A dispensary shall make available to each qualifying 770 patient and patient’s caregiver educational materials developed 771 and provided by the department which explain potential harmful 772 drug interactions. 773 (9) A dispensary shall prohibit a qualifying patient from 774 administering or using, and prohibit a patient’s caregiver who 775 assists a qualifying patient from administering or using, any 776 form of cannabis while on the property of the dispensary. A 777 person who violates this subsection subjects the dispensary to 778 penalties prescribed by department rule, this part, and part III 779 of chapter 499. 780 468.907 Owners, directors, officers, members, 781 incorporators, agents, or employees of medical cannabis farms 782 and dispensaries.— 783 (1) Before a person becomes an owner, director, officer, 784 member, incorporator, agent, or employee of a medical cannabis 785 farm or dispensary, he or she must register with the department 786 and pay the applicable registration fee. The department shall: 787 (a) Establish by rule the following fees: 788 1. Initial registration fee, which may not exceed $1,000; 789 and 790 2. Renewal registration fee, which may not exceed $1,000. 791 (b) Determine if the person was convicted within the last 792 10 years of a drug-related felony or was convicted within the 793 last 10 years of a nondrug-related felony for which the person 794 has not been pardoned or has not had his or her civil rights 795 restored. If a person has such a felony conviction, the 796 department may not approve the person as an owner, director, 797 officer, member, incorporator, agent, or employee of a medical 798 cannabis farm or dispensary. 799 (2) A person who violates or has violated this part or part 800 III of chapter 499 may not be an owner, director, officer, 801 member, incorporator, agent, or employee of a medical cannabis 802 farm or dispensary. Any prior registration or authorization of 803 such person shall be immediately revoked, and the department 804 shall suspend the permit or license of the medical cannabis farm 805 or dispensary until the person resigns or is removed from the 806 position of owner, director, officer, member, incorporator, 807 agent, or employee. 808 (3) If the department fails to adopt these rules by January 809 1, 2015, a registrant may commence an action in a court of 810 competent jurisdiction to compel the department to perform the 811 actions mandated under this section. 812 468.908 Medical cannabis farm permit.— 813 (1) A person may not operate a medical cannabis farm in 814 this state except in accordance with this part. 815 (2) An applicant for an initial or renewal permit to 816 operate a medical cannabis farm must address the following 817 information in the permit application: 818 (a) Knowledge of state and federal laws relating to 819 cannabis and the medical use of cannabis. 820 (b) The suitability of the proposed facility. 821 (c) The proposed staffing plan. 822 (d) The proposed security plan that has been assessed by 823 the local law enforcement agency of the county or municipality 824 in which the medical cannabis farm is located. 825 (e) The proposed cultivation plan. 826 (f) The proposed manufacturing plan. 827 (g) The proposed storage and inventory control plan. 828 (h) The proposed labeling plan. 829 (i) The proposed product safety plan. 830 (3) The department shall establish by rule the annual 831 application fees and permit fees for a medical cannabis farm, 832 which may not exceed the following amounts: 833 (a) Application fee, $2,500. 834 (b) Initial permit fee, $5,000. 835 (c) Application fee for renewing a permit, $1,000. 836 (d) Renewal permit fee, $5,000. 837 (4) A person who possesses, cultivates, manufactures, 838 delivers, distributes, or wholesales cannabis, cannabis-based 839 products, or cannabis plants at one or more locations must 840 possess a current, valid permit for each location. 841 (5) If the department fails to adopt rules to administer 842 this section by January 1, 2015, a medical cannabis farm 843 applicant may commence an action in a court of competent 844 jurisdiction to compel the department to perform the actions 845 mandated under this section. 846 468.909 Dispensary license.— 847 (1) A person or entity may not operate a dispensary in this 848 state except in accordance with this part. 849 (2) An applicant for an initial or renewal license to 850 operate a dispensary must address the following information in 851 the license application: 852 (a) Knowledge of state and federal laws relating to 853 cannabis and the medical use of cannabis. 854 (b) The suitability of the proposed facility. 855 (c) The proposed staffing plan. 856 (d) The proposed security plan that has been assessed by 857 the local law enforcement agency of the county or municipality 858 in which the dispensary is located. 859 (e) The proposed retail plan. 860 (f) The proposed marketing plan. 861 (g) The proposed storage and inventory control plan. 862 (h) The proposed labeling plan. 863 (i) The proposed product safety plan. 864 (3) The department shall establish by rule the annual 865 application fees and license fees for a dispensary, which may 866 not exceed the following amounts: 867 (a) Application fee, $1,000. 868 (b) Initial license fee, $5,000. 869 (c) Application fee for renewing a license, $500. 870 (d) Renewal license fee, $5,000. 871 (4) A person who conducts the wholesale purchase or retail 872 sale of drug paraphernalia or any form of cannabis at or from 873 more than one location must possess a current valid license for 874 each location. 875 (5) If the department fails to adopt rules to administer 876 this section by January 1, 2015, an applicant seeking to operate 877 a dispensary may commence an action in a court of competent 878 jurisdiction to compel the department to perform the actions 879 mandated under this section. 880 468.910 Applications for licenses and permits.— 881 (1) An application for a license or permit required under 882 this part must be filed in writing with the department. An 883 application must include, at a minimum, the full name, date of 884 birth, place of birth, social security number, physical 885 description, residence address and telephone number, and 886 business address and telephone number of the applicant. Each 887 application must be accompanied by an accurate and current 888 photograph of the applicant and a complete set of fingerprints 889 of the applicant taken by an authorized law enforcement agency; 890 however, a set of fingerprints is not required if the applicant 891 has possessed a valid license or permit under this part during 892 the previous licensing or permitting year and such license or 893 permit has not lapsed or been suspended or revoked. If 894 fingerprints are required, the department shall submit the set 895 of fingerprints to the Department of Law Enforcement for state 896 processing. If the application does not require a set of 897 fingerprints, the department shall submit the name and other 898 identifying data to the Department of Law Enforcement for 899 processing. The application must be in a form to provide the 900 data and other information set forth in this subsection and must 901 be sworn to by the applicant or, if the applicant is a 902 corporation, by each officer and director of the corporation. 903 The officers and directors applying on behalf of a corporation 904 shall provide all of the required identifying data and 905 information. This section does not preclude electronic filing of 906 the application. 907 (2) The department may require an applicant to furnish 908 other information or data not required by this section if the 909 information or data are deemed necessary by the department. 910 468.911 Issuance of licenses and permits; prohibitions.— 911 (1) A license or permit issued by the department in 912 accordance with this part must set forth, at a minimum, the full 913 name, date of birth, and physical description of the licensee or 914 permittee and have permanently affixed an accurate and current 915 photograph of the licensee or permittee. A license or permit 916 issued to a corporation must set forth the full name, date of 917 birth, and physical description of the chief executive officer 918 and have permanently affixed an accurate and current photograph 919 of the chief executive officer. A license or permit must also 920 contain a license number or permit number issued by the 921 department. 922 (2) Other data or information may be included on the 923 license or permit if deemed appropriate by the department. 924 (3) A license or permit may not be issued, renewed, or 925 allowed to remain in effect for: 926 (a) A corporation or entity that has a corporate officer 927 who is under 18 years of age; 928 (b) A person who has been convicted in this state or any 929 other state or federal jurisdiction for: 930 1. A drug-related felony; or 931 2. A nondrug-related felony for which the person has not 932 been pardoned or has not had his or her civil rights restored; 933 or 934 (c) A person who has been adjudicated mentally incompetent 935 or adjudicated mentally defective and has not had his or her 936 civil rights restored. As used in this paragraph, the phrase: 937 1. “Adjudicated mentally defective” has the same meaning as 938 in s. 790.065. 939 2. “Adjudicated mentally incompetent” means a determination 940 by a court that a person who, because of mental illness, 941 intellectual disability, senility, excessive use of drugs or 942 alcohol, or other mental incapacity, is incapable of managing 943 his or her property or caring for himself or herself or both. 944 (4) A person may not knowingly withhold information or 945 present to the department a false, fictitious, or misrepresented 946 application, identification, document, information, statement, 947 or data intended or likely to deceive the department for 948 obtaining a license or permit. 949 468.912 License and permit to be displayed.— 950 (1) A medical cannabis farm that has a valid department 951 issued permit may use the term “medical cannabis farm” or 952 “permitted medical cannabis farm,” in connection with the 953 permittee’s name or place of business, to denote permitting 954 under this part. 955 (2) A licensed dispensary may use the term “dispensary,” 956 “licensed dispensary,” or “licensed medical cannabis 957 dispensary,” in connection with the licensee’s name or place of 958 business, to denote licensure under this part. 959 (3) A person who is issued a license or permit under this 960 part shall keep such license or permit conspicuously displayed 961 in his or her office, place of business, or place of employment 962 and shall show such license or permit as required by any member 963 or authorized representative of the department. 964 (4) A license or permit that is issued by the department is 965 valid beginning on October 1 of the year for which it is issued 966 and expires on September 30 of the following year. 967 (5) A medical cannabis farm that has a department-issued 968 permit or a licensed dispensary must renew its permit or license 969 before its expiration date. If a renewal application and fee are 970 not filed by the expiration date, the license or permit may be 971 reinstated only if the licensee or permittee pays, within 30 972 days after the date of expiration, a delinquent fee that may not 973 exceed $750 for a medical cannabis farm and $500 for a 974 dispensary, plus the required renewal and application fees. If a 975 licensee or permittee fails to comply with the renewal 976 requirements of this part, the department may seize all 977 cannabis, cannabis-based products, cannabis plants, and drug 978 paraphernalia and dispose of them in any manner deemed 979 appropriate by the department by November 1 of the year the 980 license or permit expires. Any funds collected from the disposal 981 shall be placed in the Professional Regulation Trust Fund. 982 (6) The fee structure for reactivation of an inactive 983 license or permit, except when renewed within 30 days after the 984 date of expiration, is the same as for an initial permit or 985 license, including the application fee. 986 468.913 Reports of theft, illegal use, or illegal 987 possession.— 988 (1) A licensee or permittee who incurs a loss, theft, or 989 unexplained shortage of cannabis, cannabis-based products, 990 cannabis plants, or drug paraphernalia, or who has knowledge of 991 a loss, theft, or unexplained shortage of cannabis, cannabis 992 based products, cannabis plants, or drug paraphernalia, shall, 993 within 12 hours after the discovery, report such loss, theft, or 994 unexplained shortage to the county sheriff or police chief of 995 the jurisdiction in which the loss, theft, or unexplained 996 shortage occurred. This loss, theft, or unexplained shortage 997 shall also be reported to the department by the close of the 998 next business day following the discovery. 999 (2) A law enforcement agency that investigates the causes 1000 and circumstances of a loss, theft, or unexplained shortage of 1001 cannabis, cannabis-based products, cannabis plants, or drug 1002 paraphernalia shall forward a copy of its final written report 1003 to the department. The department shall retain these reports in 1004 the files of the affected licensee or permittee. 1005 (3) Any sheriff or law enforcement officer in this state 1006 shall give immediate notice to the department of the theft, 1007 illegal use, or illegal possession of cannabis, cannabis-based 1008 products, cannabis plants, or drug paraphernalia and forward a 1009 copy of his or her final written police report to the 1010 department. 1011 468.914 Administrative relief; civil relief; penalties; 1012 allocation and disposition of moneys collected.— 1013 (1) If the department has probable cause to believe that a 1014 person not licensed or permitted by the department has engaged 1015 in any activities governed by this part or a department rule 1016 adopted pursuant to this part, the department may: 1017 (a) Issue and deliver to such person a notice to cease and 1018 desist from such violation. The issuance of a notice to cease 1019 and desist does not constitute agency action for which a hearing 1020 under ss. 120.569 and 120.57 may be sought. For the purpose of 1021 enforcing a notice to cease and desist, the department may file 1022 a proceeding seeking issuance of an injunction or a writ of 1023 mandamus against a person who violates such notice. If the 1024 department is required to seek enforcement of the notice to 1025 cease and desist for penalty pursuant to s. 120.569, it is 1026 entitled to collect its attorney fees and costs. 1027 (b) In addition to the remedy under paragraph (a), impose 1028 by citation an administrative fine not to exceed $5,000 for each 1029 violation per day. Each day that a violation continues 1030 constitutes a separate violation, and each separate violation is 1031 subject to a separate fine. The department shall issue the 1032 citation to the person, and the citation must contain the 1033 person’s name and any other information the department 1034 determines to be necessary to identify the person, a brief 1035 factual statement, the sections of the law allegedly violated, 1036 and the fine imposed. If the person does not dispute the matter 1037 in the citation or pay the fine within 30 days after the 1038 citation is served, the citation becomes a final order of the 1039 department. The department is entitled to recover the costs of 1040 investigation and prosecution in addition to the fine levied 1041 pursuant to the citation. 1042 (c) In addition to the administrative remedies under 1043 paragraphs (a) and (b), seek injunctive relief in the Circuit 1044 Court of Leon County and apply for temporary orders and 1045 permanent orders as the department deems necessary to restrain 1046 such person from engaging in any activity under this part until 1047 such person complies. The court may also award to the prevailing 1048 party court costs and reasonable attorney fees and, if the 1049 department prevails, may also award reasonable costs for 1050 investigation and prosecution. 1051 (2) The department may revoke or suspend in accordance with 1052 this subsection all of the licenses or permits held by a person. 1053 An order of suspension must specify the duration of the 1054 suspension, which may not exceed 1 year from the date of the 1055 order. An order of revocation may be entered for a period not to 1056 exceed 5 years. The order affects the revocation of all licenses 1057 and permits held by the person. During such period, a license or 1058 permit may not be issued to the person. If, during the period 1059 between the beginning of a proceeding to revoke or suspend a 1060 license or permit and the entry of an order of suspension or 1061 revocation by the department, a new license or permit is issued 1062 to the person, any order of suspension or revocation applies 1063 with respect to the new license or permit. A person whose permit 1064 or license has been suspended or revoked may not be issued a new 1065 permit or license under any other name or company name until the 1066 expiration of the suspension or revocation. In addition to the 1067 administrative remedies and civil remedies under paragraphs 1068 (1)(b) and (c) and the criminal penalties in subsection (3), the 1069 department may revoke or suspend a license or permit if a person 1070 does any of the following: 1071 (a) Violates this part or a department rule adopted 1072 pursuant to this part. 1073 (b) Fails to pay an administrative fine within 30 days 1074 after a citation becomes a final order. 1075 (c) Knowingly makes or files a report that is false, 1076 intentionally or negligently fails to file a report or record 1077 required by state law, or willfully impedes or obstructs such 1078 filing or induces another person to do so. 1079 (d) Pays or receives, directly or indirectly, a commission, 1080 bonus, kickback, or rebate to or from, or who engages in any 1081 split-fee arrangement in any form with, a physician, 1082 organization, agency, or person for patients referred to a 1083 provider of health care goods and services, including, but not 1084 limited to, a hospital, nursing home, clinical laboratory, 1085 ambulatory surgical center, or pharmacy. 1086 (3)(a) A licensee, a permittee, or any person who knowingly 1087 withholds information or: 1088 1. Presents to the department a false, fictitious, or 1089 misrepresented application, registration, identification, 1090 document, information, statement, or data intended or likely to 1091 deceive the department for the purpose of obtaining or renewing 1092 a license or permit commits a misdemeanor of the first degree, 1093 punishable as provided in s. 775.082 or s. 775.083. 1094 2. Makes a false or fictitious entry or a misrepresentation 1095 upon any invoice, receipt, sales ticket, sales slip, or account 1096 of inventories commits a misdemeanor of the first degree, 1097 punishable as provided in s. 775.082 or s. 775.083. 1098 (b) A licensee who knowingly fails to maintain written 1099 accounts of inventories or records of sales or transfers commits 1100 a misdemeanor of the first degree, punishable as provided in s. 1101 775.082 or s. 775.083. 1102 (c) A permittee who knowingly fails to maintain written 1103 inventories and records commits a misdemeanor of the first 1104 degree, punishable as provided in s. 775.082 or s. 775.083. 1105 (d) A licensee or permittee who fails to report the loss, 1106 theft, or unexplained shortage of cannabis, cannabis-based 1107 products, cannabis plants, or drug paraphernalia commits a 1108 misdemeanor of the first degree, punishable as provided in s. 1109 775.082 or s. 775.083. 1110 (4) The provisions of this section are cumulative and do 1111 not affect any other lawful remedy available to the state, 1112 including administrative fines and injunctive relief. 1113 (5) All fines, monetary penalties, and costs received by 1114 the department in connection with this part shall be deposited 1115 into the Professional Regulation Trust Fund. 1116 468.915 Conduct of hearings; review of orders of the 1117 department.—All hearings shall be conducted in accordance with 1118 chapter 120. All reviews of orders of the department shall be in 1119 accordance with chapter 120. 1120 468.916 County and municipal ordinances.—A county or 1121 municipality in this state may create or impose an ordinance or 1122 rule pertaining to the medical use of cannabis which is not 1123 inconsistent with the provisions contained in this part, part 1124 III of chapter 499, or applicable department rules. 1125 468.917 Collection of moneys.—All moneys collected under 1126 this part and deposited into the Professional Regulation Trust 1127 Fund shall be used by the department in the administration of 1128 this part. The department shall maintain a separate account in 1129 the Professional Regulation Trust Fund for the Drugs, Devices, 1130 and Cosmetics program. 1131 468.918 Rules.— 1132 (1) By October 1, 2014, the department shall adopt rules to 1133 administer this part, including rules that: 1134 (a) Create an application form and a procedure for 1135 obtaining a permit to own or operate a medical cannabis farm. 1136 (b) Create an application form and a procedure for 1137 obtaining a license to own or operate a dispensary. 1138 (c) Create a registration form and procedure for 1139 registering as an owner, director, officer, member, 1140 incorporator, employee, or agent. 1141 (d) Determine the registration fees to register as an 1142 owner, director, officer, member, incorporator, employee, or 1143 agent in accordance with s. 468.907. 1144 (e) Determine the licensing fees and permitting fees to own 1145 or operate a dispensary or medical cannabis farm in accordance 1146 with ss. 468.908 and 468.909. 1147 (f) Determine the appropriate signage, outdoor lighting, 1148 security system, security plan, and theft prevention plan for 1149 medical cannabis farms and dispensaries. 1150 (g) Determine the hours during which medical cannabis farms 1151 and dispensaries may operate. 1152 (h) Establish the inspection and audit procedures and 1153 recordkeeping requirements for medical cannabis farms and 1154 dispensaries to ensure compliance with the rules of the 1155 department. 1156 (i) Specify persons who may legally possess cannabis for 1157 the purpose of teaching, research, or testing and create a form 1158 to exempt the lawful possession of cannabis by those persons. 1159 (2) By January 1, 2015, the Department of Revenue shall 1160 adopt rules that govern the manner in which: 1161 (a) Medical cannabis farms are subject to taxation and 1162 reporting for the wholesale distribution of cannabis for medical 1163 use. 1164 (b) Dispensaries are subject to taxation and reporting for 1165 the retail distribution of cannabis for medical use. 1166 (3) The fees collected by the Department of Business and 1167 Professional Regulation and the Department of Revenue pursuant 1168 to this part shall be applied first toward the cost of 1169 administering this part. 1170 (4) If the Department of Business and Professional 1171 Regulation or the Department of Revenue fails to adopt rules to 1172 administer this part by January 1, 2015, a resident of this 1173 state may commence an action in a court of competent 1174 jurisdiction to compel performance of the actions mandated under 1175 this part. 1176 Section 3. Part III of chapter 499, Florida Statutes, 1177 consisting of sections 499.802-499.810, is created to read: 1178 499.802 Definitions.—As used in this part, unless the 1179 context clearly indicates otherwise, the term: 1180 (1) “Administer” has the same meaning as in s. 893.02. 1181 (2) “Bona fide physician-patient relationship” means a 1182 relationship between a physician and patient in which the 1183 physician has: 1184 (a) Completed a full assessment of the patient’s medical 1185 history and current medical condition, including a personal 1186 physical examination; and 1187 (b) Responsibility for the ongoing care and treatment of 1188 the patient. 1189 (3) “Cannabis” has the same meaning as provided in s. 1190 893.02. 1191 (4) “Cannabis plant” has the same meaning as provided in s. 1192 893.135. 1193 (5) “Cardholder” means a qualifying patient, or the 1194 patient’s caregiver, who has been issued and possesses a valid 1195 registry identification card. 1196 (6) “Cultivating” has the same meaning as in s. 893.02. 1197 (7) “Department” means the Department of Health. 1198 (8) “Dispensary” has the same meaning as provided in s. 1199 468.903. 1200 (9) “Dispense” has the same meaning as provided in s. 1201 468.903. 1202 (10) “Distribute” has the same meaning as provided in s. 1203 468.903. 1204 (11) “Drug paraphernalia” has the same meaning as provided 1205 in s. 468.903. 1206 (12) “Manufacture” has the same meaning as provided in s. 1207 468.903. 1208 (13) “Medical cannabis farm” has the same meaning as 1209 provided in s. 468.903. 1210 (14) “Medical treatment facility” means a facility that 1211 provides, as its primary purpose, human medical diagnostic 1212 services or nonsurgical human medical treatment. The term does 1213 not include an office maintained by a dentist or endodontist for 1214 the practice of dentistry or endodontics. 1215 (15) “Medical use” has the same meaning as provided in s. 1216 468.903. 1217 (16) “Patient’s caregiver” or “caregiver” has the same 1218 meaning as provided in s. 468.903. 1219 (17) “Physician” has the same meaning as provided in s. 1220 468.903. 1221 (18) “Qualifying medical condition” has the same meaning as 1222 provided in s. 468.903. 1223 (19) “Qualifying medical treatment” has the same meaning as 1224 provided in s. 468.903. 1225 (20) “Qualifying patient” has the same meaning as provided 1226 in s. 468.903. 1227 (21) “Registry identification card” has the same meaning as 1228 provided in s. 468.903. 1229 (22) “Usable cannabis” has the same meaning as provided in 1230 s. 468.903. 1231 499.803 Cannabis for medical use.— 1232 (1) Notwithstanding any other provision of law, a 1233 qualifying patient may cultivate, possess, and administer 1234 cannabis for medical use and possess and use drug paraphernalia 1235 in accordance with this part and department rule only after 1236 obtaining a signed, written prescription from a physician in 1237 accordance with s. 499.805 and a registry identification card 1238 from the department. 1239 (2) Notwithstanding any other provision of law, a patient’s 1240 caregiver may cultivate, possess, and administer cannabis for a 1241 qualifying patient and possess, deliver, and use drug 1242 paraphernalia for the sole purpose of assisting in the 1243 qualifying patient’s medical use of cannabis in accordance with 1244 this part and department rule only after obtaining a registry 1245 identification card from the department. 1246 (3) A registry identification card, or its equivalent, 1247 which is issued under the laws of another state, district, 1248 territory, commonwealth, or insular possession of the United 1249 States and allows the medical use of cannabis by a visiting 1250 qualifying patient or allows a person to assist with a visiting 1251 qualifying patient’s medical use of cannabis has the same force 1252 and effect as a registry identification card issued by the 1253 department. 1254 (4) A qualifying patient shall, upon demand, present to a 1255 law enforcement officer his or her registry identification card 1256 to confirm that he or she is authorized to cultivate, possess, 1257 and administer cannabis for medical use and possess and use drug 1258 paraphernalia in accordance with this part and department rule. 1259 (5) A patient’s caregiver shall, upon demand, present to a 1260 law enforcement officer his or her registry identification card 1261 to confirm that he or she is authorized to cultivate, possess, 1262 and administer cannabis for a qualifying patient and possess, 1263 deliver, and use drug paraphernalia in accordance with this part 1264 and department rule. 1265 (6) A qualifying patient or the patient’s caregiver may: 1266 (a) Purchase, possess, administer, or deliver cannabis, 1267 cannabis-based products, cannabis plants, and drug paraphernalia 1268 obtained only from a dispensary or medical cannabis farm that is 1269 issued a license or permit from the Department of Business and 1270 Profession Regulation; or 1271 (b) Cultivate cannabis and cannabis plants for medical use 1272 for only a qualifying patient’s possession and administration. 1273 (7) A qualifying patient who is a minor may possess and 1274 administer cannabis and cannabis-based products for medical use 1275 and possess and use drug paraphernalia in accordance with this 1276 part and department rule only: 1277 (a) In the presence of the minor’s parent or legal 1278 guardian; and 1279 (b) If the minor’s parent or legal guardian has signed a 1280 written statement affirming that the parent or legal guardian: 1281 1. Understands the minor’s qualifying medical condition or 1282 qualifying medical treatment; 1283 2. Understands the potential benefits and potential adverse 1284 effects of the medical use of cannabis, generally and 1285 specifically, in the case of the minor; 1286 3. Consents to the medical use of cannabis by the minor; 1287 and 1288 4. Consents to the designation of, or designates, an 1289 authorized person to serve as the minor’s caregiver and to 1290 control the medical use of cannabis by the minor. 1291 (8) If a qualifying patient who possesses a registry 1292 identification card changes his or her designation of a 1293 caregiver, the department shall issue a registry identification 1294 card to the qualifying patient’s new caregiver and: 1295 (a) Notify the qualifying patient’s former caregiver within 1296 10 days after the department has issued a registry 1297 identification card to the qualifying patient’s new caregiver. 1298 The registry identification card of the qualifying patient’s 1299 former caregiver expires 10 days after such notification by the 1300 department; or 1301 (b) If the former caregiver remains connected through the 1302 department’s registration process to other qualifying patients, 1303 issue a new registry identification card to the qualifying 1304 patient’s former caregiver which indicates an updated list of 1305 qualifying patients to whom the caregiver remains connected 1306 through the department’s registration process. The caregiver’s 1307 registry identification card that indicates the former 1308 qualifying patient immediately expires upon the caregiver’s 1309 receipt of the new registry identification card. 1310 (9) If a cardholder loses his or her registry 1311 identification card, he or she shall notify the department and 1312 submit a $25 fee within 10 days after reporting the lost card. 1313 Within 5 days after being notified and receiving the $25 fee, 1314 the department shall issue a new registry identification card to 1315 the cardholder. 1316 (10) If the department fails to act upon a request for a 1317 registry identification card within 35 days after receiving the 1318 registration form, the card is deemed granted, and the copy of 1319 the registration form is deemed a valid registry identification 1320 card. 1321 (11) If the department determines that a cardholder 1322 willfully violates this part, the department may revoke the 1323 cardholder’s registry identification card as provided by rule. 1324 499.804 Restrictions on the use of cannabis for medical 1325 use.— 1326 (1) A person who seeks designation as a qualifying patient 1327 or the patient’s caregiver must register with the department. 1328 (2) A patient’s caregiver may be connected to up to three 1329 qualifying patients through the department’s registration 1330 process as indicated on the caregiver’s valid registry 1331 identification card. 1332 (3) A qualifying patient or the patient’s caregiver shall 1333 deliver or distribute cannabis in a labeled container or sealed 1334 package in a manner and method established by rule. 1335 (a) The maximum amount of cannabis which a qualifying 1336 patient may possess at any given time is 250 grams of usable 1337 cannabis, eight mature cannabis plants, and eight immature 1338 cannabis plants. 1339 (b) The maximum amount of cannabis which a patient’s 1340 caregiver may possess at any given time is: 1341 1. The number of grams of usable cannabis determined by 1342 multiplying by 250 the number of qualifying patients to whom the 1343 caregiver is connected through the department’s registration 1344 process as indicated on the caregiver’s valid registry 1345 identification card. 1346 2. The number of mature cannabis plants determined by 1347 multiplying by 8 the number of qualifying patients to whom the 1348 caregiver is connected through the department’s registration 1349 process as indicated on the caregiver’s valid registry 1350 identification card. 1351 3. The number of immature cannabis plants determined by 1352 multiplying by 8 the number of qualifying patients to whom the 1353 caregiver is connected through the department’s registration 1354 process as indicated on the caregiver’s valid registry 1355 identification card. 1356 (4) If a cardholder cultivates his or her own cannabis for 1357 medical use, the cardholder must do so in a room, greenhouse, 1358 garden, or other enclosed area that is kept locked and out of 1359 the public view. This subsection does not apply when the plants 1360 are being delivered or distributed: 1361 (a) Because the cardholder is changing permanent residence 1362 or temporary residence as defined in s. 775.21; or 1363 (b) To the property of the cardholder or, in the case of a 1364 caregiver, to the property of the caregiver’s qualifying 1365 patient. 1366 (5) Cannabis may be administered at a medical treatment 1367 facility if allowed by the facility and if a qualifying patient 1368 is receiving medical care for a qualifying medical condition or 1369 treatment. Cannabis may not be administered by or to a 1370 qualifying patient at a dispensary or in a public place. 1371 (6) This part does not allow a person to undertake a task 1372 under the influence of cannabis when doing so constitutes 1373 professional negligence or professional malpractice. 1374 (7) The medical use of cannabis as authorized under this 1375 part and under department rule does not create a defense to an 1376 offense proscribed by law which is not otherwise excepted in 1377 this chapter or in chapter 468. Evidence of a person’s voluntary 1378 intoxication from the use of cannabis is not admissible in a 1379 judicial proceeding to show that the person lacked the specific 1380 intent to commit an offense or to show that the person was 1381 insane at the time of the offense, except when the consumption 1382 was pursuant to a lawful prescription issued to the person by a 1383 physician. 1384 (8) Notwithstanding any other provision of law, a person or 1385 entity may provide information about the existence or operations 1386 of a medical cannabis farm or dispensary to another person 1387 pursuant to this part. 1388 (9) A person who is stopped by a law enforcement officer 1389 upon reasonable suspicion or probable cause that he or she is in 1390 possession of cannabis may not be further detained or arrested 1391 on this sole basis if the person is in compliance with this part 1392 and department rule. 1393 499.805 Physicians; prescriptions for the medical use of 1394 cannabis.— 1395 (1) A physician may prescribe the medical use of cannabis 1396 to a qualifying patient if the physician: 1397 (a) Is in a bona fide physician-patient relationship with 1398 the qualifying patient; and 1399 (b) Determines that the prescription is needed based on the 1400 qualifying patient’s medical history and current medical 1401 condition and a review of other approved medications and 1402 treatments that may provide the qualifying patient with relief 1403 from a qualifying medical condition or its symptoms or the side 1404 effects of a qualifying medical treatment. 1405 (2) If a physician prescribes cannabis for medical use to a 1406 qualifying patient, the physician shall complete a written 1407 prescription pursuant to s. 456.42 and include: 1408 (a) A statement that the qualifying patient may use 1409 cannabis; 1410 (b) The physician’s federal controlled substance registry 1411 number; and 1412 (c) A statement that the prescription for the medical use 1413 of cannabis is necessary. 1414 (3) A physician is not subject to arrest, prosecution, or 1415 penalty, including, but not limited to, civil penalty or 1416 disciplinary action by the department or by any other business 1417 licensing board, occupational licensing board, or professional 1418 licensing board, or subject to denial of any right or privilege, 1419 solely for advising a patient about the medical use of cannabis, 1420 prescribing the medical use of cannabis in accordance with this 1421 part and department rule, providing a written prescription in 1422 accordance with this section, or stating that, in the 1423 physician’s professional opinion, the potential benefits of the 1424 medical use of cannabis likely outweigh the health risks for a 1425 patient. 1426 (4) A physician who recommends, advises, or prescribes 1427 cannabis for medical use to a qualifying patient may not have a 1428 professional office located at a medical cannabis farm or 1429 dispensary or receive financial compensation for the 1430 recommendation, advice, or prescription from a medical cannabis 1431 farm or dispensary or an owner, director, officer, member, 1432 incorporator, agent, or employee of such farm or dispensary. 1433 499.806 Arrest and prosecution.— 1434 (1)(a) A qualifying patient who has in his or her 1435 possession a valid registry identification card is not subject 1436 to arrest, prosecution, or penalty, including, but not limited 1437 to, civil penalty or disciplinary action by a business licensing 1438 board, occupational licensing board, or professional licensing 1439 board, and may not be denied any right or privilege, for the 1440 medical use of cannabis if the qualifying patient possesses an 1441 amount of cannabis which does not exceed 250 grams of usable 1442 cannabis, eight mature cannabis plants, and eight immature 1443 cannabis plants. 1444 (b) A patient’s caregiver who has in his or her possession 1445 a valid registry identification card is not subject to arrest, 1446 prosecution, or penalty, including, but not limited to, civil 1447 penalty or disciplinary action by a business licensing board, 1448 occupational licensing board, or professional licensing board, 1449 and may not be denied any right or privilege, for assisting a 1450 qualifying patient to whom he or she is connected through the 1451 department’s registration process with the delivery or 1452 distribution of cannabis if the patient’s caregiver possesses an 1453 amount of cannabis which does not exceed 250 grams of usable 1454 cannabis, eight mature cannabis plants, or eight immature 1455 cannabis plants for each qualifying patient to whom he or she is 1456 connected through the department’s registration process as 1457 indicated on the caregiver’s valid registry identification card. 1458 (c) A nurse practitioner, registered nurse, or pharmacist 1459 is not subject to arrest, prosecution, or penalty, including, 1460 but not limited to, civil penalty or disciplinary action by a 1461 business licensing board, occupational licensing board, or 1462 professional licensing board, and may not be denied any right or 1463 privilege, solely for discussing with a patient the benefits or 1464 health risks of cannabis or its interaction with other 1465 substances. 1466 (d) A person is not subject to arrest or prosecution for 1467 constructive possession, conspiracy, aiding and abetting, being 1468 an accessory, or any other offense for being in the presence or 1469 vicinity of the medical use of cannabis by a qualifying patient 1470 or for assisting in, as the patient’s caregiver, the medical use 1471 of cannabis by a qualifying patient as allowed under this part. 1472 (2) A school, employer, or property owner may not refuse to 1473 enroll, employ, or lease to or otherwise penalize a person 1474 solely for his or her status as a cardholder. 1475 (3) A presumption is created that a qualifying patient or 1476 the patient’s caregiver is engaged in the medical use of 1477 cannabis if the qualifying patient or the patient’s caregiver is 1478 in possession of a valid registry identification card and if the 1479 number of cannabis plants or the amount of cannabis does not 1480 exceed the amount allowed under this section. 1481 (4) A presumption of the medical use or possession of 1482 cannabis under this section may be rebutted by evidence that the 1483 conduct related to cannabis was not intended to treat, or assist 1484 with the treatment of, a qualifying medical condition or the 1485 symptoms associated with that condition or to alleviate the side 1486 effects of a qualifying medical treatment. 1487 (5) The patient’s caregiver may be reimbursed for actual 1488 costs associated with assisting a qualifying patient in his or 1489 her medical use of cannabis. This reimbursement does not 1490 constitute the sale of a controlled substance under s. 893.13. 1491 (6) For the purposes of medical care, a qualifying 1492 patient’s medical use of cannabis is equivalent to the use of 1493 other medication used at the direction of a physician. Such use 1494 does not constitute the use of an illicit drug under s. 893.03. 1495 (7) A person, cardholder, medical cannabis farm, or 1496 dispensary that cultivates, manufactures, possesses, 1497 administers, dispenses, distributes, or uses cannabis or 1498 manufactures, possesses, distributes, or uses drug paraphernalia 1499 in a manner not authorized by this part, part XVII of chapter 1500 468, or department rule is subject to criminal prosecution and 1501 sanctions under chapter 893. 1502 (8) A person who makes a fraudulent representation to a law 1503 enforcement officer of any fact or circumstance relating to the 1504 person’s cultivation, manufacture, possession, administration, 1505 dispensing, distribution, or authorized use of cannabis, or 1506 possession or use of drug paraphernalia, to avoid arrest or 1507 prosecution is subject to a criminal fine not to exceed $1,000. 1508 The imposition of the fine is in addition to penalties that may 1509 otherwise apply for the making of a false statement or for the 1510 cultivation, manufacture, possession, administration, 1511 dispensing, distribution, or unauthorized use of cannabis or 1512 possession or use of drug paraphernalia. 1513 499.807 Defenses.— 1514 (1) The following circumstances may be raised as an 1515 affirmative defense to a criminal charge of possession or 1516 distribution of cannabis or possession with intent to distribute 1517 cannabis: 1518 (a) The person charged with the offense is in possession of 1519 a valid registry identification card; 1520 (b) The person charged with the offense is 18 years of age 1521 or older; and 1522 (c)1. The possession or distribution, or possession with 1523 intent to distribute, occurs at a medical facility that allows 1524 the medical use of cannabis; or 1525 2. The possession, distribution, or possession with intent 1526 to distribute occurs in a medical cannabis farm or dispensary. 1527 (2) Before, or at the time of, a cardholder’s court 1528 appearance for a criminal charge of possession or use of drug 1529 paraphernalia, or for a criminal charge of possession, use, or 1530 administration of a legal amount of cannabis for medical use, 1531 the clerk of the court may dismiss the charge and assess a 1532 dismissal fee of $25 if the cardholder: 1533 (a) Upon demand by a law enforcement officer, was unable to 1534 present to the law enforcement officer a registry identification 1535 card to confirm that the cardholder may possess or use drug 1536 paraphernalia or possess, use, or administer legal amounts of 1537 cannabis for medical use; and 1538 (b) Before, or at the time of, the cardholder’s court 1539 appearance, produces in court or to the clerk of the court in 1540 which the charge is pending the cardholder’s registry 1541 identification card that was valid at the time of the 1542 cardholder’s arrest. 1543 (3) Except as provided in subsections (1) and (2), a 1544 cardholder may assert the purpose for the medical use of 1545 cannabis as a defense to any prosecution involving cannabis, and 1546 such defense is presumed valid if the evidence shows that: 1547 (a) The qualifying patient’s physician has stated that, in 1548 the physician’s professional opinion, after having completed a 1549 full assessment of the patient’s medical history and current 1550 medical condition made in the course of a bona fide physician 1551 patient relationship, the potential benefits of using cannabis 1552 would likely outweigh the health risks for the qualifying 1553 patient; and 1554 (b) The qualifying patient and the patient’s caregiver, if 1555 any, were collectively in possession of a quantity of cannabis 1556 which was not more than that allowed under this part to ensure 1557 the uninterrupted availability of cannabis for the purpose of 1558 treating a qualifying medical condition and the symptoms 1559 associated with that condition or alleviating the side effects 1560 of a qualifying medical treatment. 1561 (4) A person may assert the purpose for the medical use of 1562 cannabis in a motion to dismiss, and the charges shall be 1563 dismissed following an evidentiary hearing if the person 1564 presents the evidence specified in subsection (3). 1565 (5) The Florida Contraband Forfeiture Act, contained in ss. 1566 932.701-932.706, does not apply to any interest in or right to 1567 property that is possessed, owned, or used in connection with 1568 the medical use of cannabis or acts incidental to such use. 1569 499.808 Insurance.—This part does not require a 1570 governmental, private, or other health insurance provider or 1571 health care services plan to cover, or prohibit it from 1572 covering, a claim for reimbursement for the medical use of 1573 cannabis. 1574 499.809 Confidentiality.— 1575 (1) An employer, laboratory, employee assistance program, 1576 or alcohol and drug rehabilitation program or its agents may not 1577 release information obtained pursuant to this part in accordance 1578 with s. 112.0455 without a written consent form signed 1579 voluntarily by the qualifying patient or the patient’s caregiver 1580 unless such release is compelled by a hearing officer or a court 1581 of competent jurisdiction pursuant to an appeal taken under this 1582 part or is deemed appropriate by a business licensing board, 1583 professional licensing board, or occupational licensing board in 1584 a related disciplinary proceeding. The consent form must 1585 contain, at a minimum: 1586 (a) The name of the person who is authorized to obtain the 1587 information. 1588 (b) The purpose of the disclosure. 1589 (c) The precise information to be disclosed. 1590 (d) The duration of the consent. 1591 (e) The signature of the person authorizing release of the 1592 information. 1593 (2) Information regarding a qualifying patient or the 1594 patient’s caregiver may not be released or used in a criminal 1595 proceeding against the qualifying patient or the patient’s 1596 caregiver. Information released contrary to this section is 1597 inadmissible as evidence in a criminal proceeding. 1598 (3) This section does not prohibit the department or its 1599 employees or agents from obtaining access to information 1600 regarding a qualifying patient or the patient’s caregiver if the 1601 department or its employees and agents consult with legal 1602 counsel in connection with actions brought under or related to 1603 this part or if the information is relevant to the department’s 1604 defense in a civil or administrative proceeding. 1605 499.810 Rules.— 1606 (1) By October 1, 2014, the department shall adopt rules to 1607 administer this part, including rules to: 1608 (a) Create a registration form, a procedure, and 1609 eligibility requirements to obtain and renew a registry 1610 identification card for a qualifying patient and the patient’s 1611 caregiver. The department shall, by rule, establish registration 1612 and renewal fees that generate revenues sufficient to offset all 1613 expenses of implementing and administering this part. 1614 (b) Adopt manufacturing practices with which medical 1615 cannabis farms and dispensaries must comply in order to ensure 1616 that cannabis sold by such farms and dispensaries is of 1617 pharmaceutical grade. 1618 (c) Ensure that the labeling on cannabis sold by medical 1619 cannabis farms and dispensaries provides sufficient information 1620 for qualifying patients to be able to make informed choices 1621 about grades and forms of cannabis for medical use. 1622 (d) Prescribe procedures and guidelines for the inspection 1623 and auditing of dispensaries. 1624 (2) If the department fails to adopt rules to administer 1625 this part by January 1, 2015, a resident of this state may 1626 commence an action in a court of competent jurisdiction to 1627 compel performance of the actions mandated under this section. 1628 Section 4. Emergency rules.— 1629 (1) The executive director of the Department of Revenue is 1630 authorized, and all conditions are deemed met, to adopt 1631 emergency rules under ss. 120.536(1) and 120.54(4), Florida 1632 Statutes, for the purpose of implementing this act. 1633 (2) Notwithstanding any other provision of law, the 1634 emergency rules shall remain in effect for 6 months after 1635 adoption and may be renewed during the pendency of procedures to 1636 adopt permanent rules addressing the subject of the emergency 1637 rules. 1638 Section 5. Subsection (6) of section 812.14, Florida 1639 Statutes, is amended to read: 1640 812.14 Trespass and larceny with relation to utility 1641 fixtures; theft of utility services.— 1642 (6) It is prima facie evidence of a person’s intent to 1643 violate subsection (5) if: 1644 (a) A controlled substance and materials for manufacturing 1645 the controlled substance intended for sale or distribution to 1646 another were found in a dwelling or structure; 1647 (b) Except as provided in this chapter, chapter 468, or 1648 chapter 499 and notwithstanding s. 893.13, the dwelling or 1649 structure has been visibly modified to accommodate the use of 1650 equipment to grow marijuana indoors, including, but not limited 1651 to, the installation of equipment to provide additional air 1652 conditioning, equipment to provide high-wattage lighting, or 1653 equipment for hydroponic cultivation; and 1654 (c) The person or entity that owned, leased, or subleased 1655 the dwelling or structure knew of, or did so under such 1656 circumstances as would induce a reasonable person to believe in, 1657 the presence of a controlled substance and materials for 1658 manufacturing a controlled substance in the dwelling or 1659 structure, regardless of whether the person or entity was 1660 involved in the manufacture or sale of a controlled substance or 1661 was in actual possession of the dwelling or structure. 1662 Section 6. Paragraph (c) of subsection (1) of section 1663 893.03, Florida Statutes, is amended to read: 1664 893.03 Standards and schedules.—The substances enumerated 1665 in this section are controlled by this chapter. The controlled 1666 substances listed or to be listed in Schedules I, II, III, IV, 1667 and V are included by whatever official, common, usual, 1668 chemical, or trade name designated. The provisions of this 1669 section shall not be construed to include within any of the 1670 schedules contained in this section any excluded drugs listed 1671 within the purview of 21 C.F.R. s. 1308.22, styled “Excluded 1672 Substances”; 21 C.F.R. s. 1308.24, styled “Exempt Chemical 1673 Preparations”; 21 C.F.R. s. 1308.32, styled “Exempted 1674 Prescription Products”; or 21 C.F.R. s. 1308.34, styled “Exempt 1675 Anabolic Steroid Products.” 1676 (1) SCHEDULE I.—A substance in Schedule I has a high 1677 potential for abuse and has no currently accepted medical use in 1678 treatment in the United States and in its use under medical 1679 supervision does not meet accepted safety standards. The 1680 following substances are controlled in Schedule I: 1681 (c) Unless specifically excepted or unless listed in 1682 another schedule, any material, compound, mixture, or 1683 preparation that contains any quantity of the following 1684 hallucinogenic substances or that contains any of their salts, 1685 isomers, including optical, positional, or geometric isomers, 1686 and salts of isomers, if the existence of such salts, isomers, 1687 and salts of isomers is possible within the specific chemical 1688 designation: 1689 1. Alpha-ethyltryptamine. 1690 2. 2-Amino-4-methyl-5-phenyl-2-oxazoline (4 1691 methylaminorex). 1692 3. 2-Amino-5-phenyl-2-oxazoline (Aminorex). 1693 4. 4-Bromo-2,5-dimethoxyamphetamine. 1694 5. 4-Bromo-2,5-dimethoxyphenethylamine. 1695 6. Bufotenine. 1696 7. Cannabis, except as authorized in chapters 468 and 499. 1697 8. Cathinone. 1698 9. Diethyltryptamine. 1699 10. 2,5-Dimethoxyamphetamine. 1700 11. 2,5-Dimethoxy-4-ethylamphetamine (DOET). 1701 12. Dimethyltryptamine. 1702 13. N-Ethyl-1-phenylcyclohexylamine (PCE) (Ethylamine 1703 analog of phencyclidine). 1704 14. N-Ethyl-3-piperidyl benzilate. 1705 15. N-ethylamphetamine. 1706 16. Fenethylline. 1707 17. N-Hydroxy-3,4-methylenedioxyamphetamine. 1708 18. Ibogaine. 1709 19. Lysergic acid diethylamide (LSD). 1710 20. Mescaline. 1711 21. Methcathinone. 1712 22. 5-Methoxy-3,4-methylenedioxyamphetamine. 1713 23. 4-methoxyamphetamine. 1714 24. 4-methoxymethamphetamine. 1715 25. 4-Methyl-2,5-dimethoxyamphetamine. 1716 26. 3,4-Methylenedioxy-N-ethylamphetamine. 1717 27. 3,4-Methylenedioxyamphetamine. 1718 28. N-Methyl-3-piperidyl benzilate. 1719 29. N,N-dimethylamphetamine. 1720 30. Parahexyl. 1721 31. Peyote. 1722 32. N-(1-Phenylcyclohexyl)-pyrrolidine (PCPY) (Pyrrolidine 1723 analog of phencyclidine). 1724 33. Psilocybin. 1725 34. Psilocyn. 1726 35. Salvia divinorum, except for any drug product approved 1727 by the United States Food and Drug Administration which contains 1728 Salvia divinorum or its isomers, esters, ethers, salts, and 1729 salts of isomers, esters, and ethers, if the existence of such 1730 isomers, esters, ethers, and salts is possible within the 1731 specific chemical designation. 1732 36. Salvinorin A, except for any drug product approved by 1733 the United States Food and Drug Administration which contains 1734 Salvinorin A or its isomers, esters, ethers, salts, and salts of 1735 isomers, esters, and ethers, if the existence of such isomers, 1736 esters, ethers, and salts is possible within the specific 1737 chemical designation. 1738 37. Tetrahydrocannabinols, except as authorized in chapters 1739 468 and 499. 1740 38. 1-[1-(2-Thienyl)-cyclohexyl]-piperidine (TCP) 1741 (Thiophene analog of phencyclidine). 1742 39. 3,4,5-Trimethoxyamphetamine. 1743 40. 3,4-Methylenedioxymethcathinone. 1744 41. 3,4-Methylenedioxypyrovalerone (MDPV). 1745 42. Methylmethcathinone. 1746 43. Methoxymethcathinone. 1747 44. Fluoromethcathinone. 1748 45. Methylethcathinone. 1749 46. 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2 1750 yl)phenol, also known as CP 47,497 and its dimethyloctyl (C8) 1751 homologue. 1752 47. (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2 1753 methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo [c]chromen-1-ol, 1754 also known as HU-210. 1755 48. 1-Pentyl-3-(1-naphthoyl)indole, also known as JWH-018. 1756 49. 1-Butyl-3-(1-naphthoyl)indole, also known as JWH-073. 1757 50. 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl) indole, also 1758 known as JWH-200. 1759 51. BZP (Benzylpiperazine). 1760 52. Fluorophenylpiperazine. 1761 53. Methylphenylpiperazine. 1762 54. Chlorophenylpiperazine. 1763 55. Methoxyphenylpiperazine. 1764 56. DBZP (1,4-dibenzylpiperazine). 1765 57. TFMPP (3-Trifluoromethylphenylpiperazine). 1766 58. MBDB (Methylbenzodioxolylbutanamine). 1767 59. 5-Hydroxy-alpha-methyltryptamine. 1768 60. 5-Hydroxy-N-methyltryptamine. 1769 61. 5-Methoxy-N-methyl-N-isopropyltryptamine. 1770 62. 5-Methoxy-alpha-methyltryptamine. 1771 63. Methyltryptamine. 1772 64. 5-Methoxy-N,N-dimethyltryptamine. 1773 65. 5-Methyl-N,N-dimethyltryptamine. 1774 66. Tyramine (4-Hydroxyphenethylamine). 1775 67. 5-Methoxy-N,N-Diisopropyltryptamine. 1776 68. DiPT (N,N-Diisopropyltryptamine). 1777 69. DPT (N,N-Dipropyltryptamine). 1778 70. 4-Hydroxy-N,N-diisopropyltryptamine. 1779 71. N,N-Diallyl-5-Methoxytryptamine. 1780 72. DOI (4-Iodo-2,5-dimethoxyamphetamine). 1781 73. DOC (4-Chloro-2,5-dimethoxyamphetamine). 1782 74. 2C-E (4-Ethyl-2,5-dimethoxyphenethylamine). 1783 75. 2C-T-4 (2,5-Dimethoxy-4-isopropylthiophenethylamine). 1784 76. 2C-C (4-Chloro-2,5-dimethoxyphenethylamine). 1785 77. 2C-T (2,5-Dimethoxy-4-methylthiophenethylamine). 1786 78. 2C-T-2 (2,5-Dimethoxy-4-ethylthiophenethylamine). 1787 79. 2C-T-7 (2,5-Dimethoxy-4-(n)-propylthiophenethylamine). 1788 80. 2C-I (4-Iodo-2,5-dimethoxyphenethylamine). 1789 81. Butylone (beta-keto-N-methylbenzodioxolylpropylamine). 1790 82. Ethcathinone. 1791 83. Ethylone (3,4-methylenedioxy-N-ethylcathinone). 1792 84. Naphyrone (naphthylpyrovalerone). 1793 85. N-N-Dimethyl-3,4-methylenedioxycathinone. 1794 86. N-N-Diethyl-3,4-methylenedioxycathinone. 1795 87. 3,4-methylenedioxy-propiophenone. 1796 88. 2-Bromo-3,4-Methylenedioxypropiophenone. 1797 89. 3,4-methylenedioxy-propiophenone-2-oxime. 1798 90. N-Acetyl-3,4-methylenedioxycathinone. 1799 91. N-Acetyl-N-Methyl-3,4-Methylenedioxycathinone. 1800 92. N-Acetyl-N-Ethyl-3,4-Methylenedioxycathinone. 1801 93. Bromomethcathinone. 1802 94. Buphedrone (alpha-methylamino-butyrophenone). 1803 95. Eutylone (beta-Keto-Ethylbenzodioxolylbutanamine). 1804 96. Dimethylcathinone. 1805 97. Dimethylmethcathinone. 1806 98. Pentylone (beta-Keto-Methylbenzodioxolylpentanamine). 1807 99. (MDPPP) 3,4-Methylenedioxy-alpha 1808 pyrrolidinopropiophenone. 1809 100. (MDPBP) 3,4-Methylenedioxy-alpha 1810 pyrrolidinobutiophenone. 1811 101. Methoxy-alpha-pyrrolidinopropiophenone (MOPPP). 1812 102. Methyl-alpha-pyrrolidinohexiophenone (MPHP). 1813 103. Benocyclidine (BCP) or 1814 benzothiophenylcyclohexylpiperidine (BTCP). 1815 104. Fluoromethylaminobutyrophenone (F-MABP). 1816 105. Methoxypyrrolidinobutyrophenone (MeO-PBP). 1817 106. Ethyl-pyrrolidinobutyrophenone (Et-PBP). 1818 107. 3-Methyl-4-Methoxymethcathinone (3-Me-4-MeO-MCAT). 1819 108. Methylethylaminobutyrophenone (Me-EABP). 1820 109. Methylamino-butyrophenone (MABP). 1821 110. Pyrrolidinopropiophenone (PPP). 1822 111. Pyrrolidinobutiophenone (PBP). 1823 112. Pyrrolidinovalerophenone (PVP). 1824 113. Methyl-alpha-pyrrolidinopropiophenone (MPPP). 1825 114. JWH-007 (1-pentyl-2-methyl-3-(1-naphthoyl)indole). 1826 115. JWH-015 (2-Methyl-1-propyl-1H-indol-3-yl)-1 1827 naphthalenylmethanone). 1828 116. JWH-019 (Naphthalen-1-yl-(1-hexylindol-3 1829 yl)methanone). 1830 117. JWH-020 (1-heptyl-3-(1-naphthoyl)indole). 1831 118. JWH-072 (Naphthalen-1-yl-(1-propyl-1H-indol-3 1832 yl)methanone). 1833 119. JWH-081 (4-methoxynaphthalen-1-yl-(1-pentylindol-3 1834 yl)methanone). 1835 120. JWH-122 (1-pentyl-3-(4-methyl-1-naphthoyl)indole). 1836 121. JWH-133 ((6aR,10aR)-3-(1,1-Dimethylbutyl)-6a,7,10,10a 1837 tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran)). 1838 122. JWH-175 (3-(naphthalen-1-ylmethyl)-1-pentyl-1H 1839 indole). 1840 123. JWH-201 (1-pentyl-3-(4-methoxyphenylacetyl)indole). 1841 124. JWH-203 (2-(2-chlorophenyl)-1-(1-pentylindol-3 1842 yl)ethanone). 1843 125. JWH-210 (4-ethylnaphthalen-1-yl-(1-pentylindol-3 1844 yl)methanone). 1845 126. JWH-250 (2-(2-methoxyphenyl)-1-(1-pentylindol-3 1846 yl)ethanone). 1847 127. JWH-251 (2-(2-methylphenyl)-1-(1-pentyl-1H-indol-3 1848 yl)ethanone). 1849 128. JWH-302 (1-pentyl-3-(3-methoxyphenylacetyl)indole). 1850 129. JWH-398 (1-pentyl-3-(4-chloro-1-naphthoyl)indole). 1851 130. HU-211 ((6aS,10aS)-9-(Hydroxymethyl)-6,6-dimethyl-3 1852 (2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1 1853 ol). 1854 131. HU-308 ([(1R,2R,5R)-2-[2,6-dimethoxy-4-(2-methyloctan 1855 2-yl)phenyl]-7,7-dimethyl-4-bicyclo[3.1.1]hept-3-enyl] 1856 methanol). 1857 132. HU-331 (3-hydroxy-2-[(1R,6R)-3-methyl-6-(1- 1858 methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-2,5-cyclohexadiene 1859 1,4-dione). 1860 133. CB-13 (Naphthalen-1-yl-(4-pentyloxynaphthalen-1 1861 yl)methanone). 1862 134. CB-25 (N-cyclopropyl-11-(3-hydroxy-5-pentylphenoxy) 1863 undecanamide). 1864 135. CB-52 (N-cyclopropyl-11-(2-hexyl-5-hydroxyphenoxy) 1865 undecanamide). 1866 136. CP 55,940 (2-[(1R,2R,5R)-5-hydroxy-2-(3 1867 hydroxypropyl)cyclohexyl]-5-(2-methyloctan-2-yl)phenol). 1868 137. AM-694 (1-[(5-fluoropentyl)-1H-indol-3-yl]-(2 1869 iodophenyl)methanone). 1870 138. AM-2201 (1-[(5-fluoropentyl)-1H-indol-3-yl] 1871 (naphthalen-1-yl)methanone). 1872 139. RCS-4 ((4-methoxyphenyl) (1-pentyl-1H-indol-3 1873 yl)methanone). 1874 140. RCS-8 (1-(1-(2-cyclohexylethyl)-1H-indol-3-yl)-2-(2 1875 methoxyphenylethanone). 1876 141. WIN55,212-2 ((R)-(+)-[2,3-Dihydro-5-methyl-3-(4 1877 morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1 1878 naphthalenylmethanone). 1879 142. WIN55,212-3 ([(3S)-2,3-Dihydro-5-methyl-3-(4 1880 morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1 1881 naphthalenylmethanone). 1882 143. Pentedrone (2-(methylamino)-1-phenyl-1-pentanone). 1883 144. Fluoroamphetamine. 1884 145. Fluoromethamphetamine. 1885 146. Methoxetamine. 1886 147. Methiopropamine. 1887 148. 4-Methylbuphedrone (2-Methylamino-1-(4 1888 methylphenyl)butan-1-one). 1889 149. APB ((2-aminopropyl)benzofuran). 1890 150. APDB ((2-aminopropyl)-2,3-dihydrobenzofuran). 1891 151. UR-144 ((1-pentyl-1H-indol-3-yl)(2,2,3,3 1892 tetramethylcyclopropyl)methanone). 1893 152. XLR11 ((1-(5-fluoropentyl)-1H-indol-3-yl)(2,2,3,3 1894 tetramethylcyclopropyl)methanone). 1895 153. (1-(5-chloropentyl)-1H-indol-3-yl)(2,2,3,3 1896 tetramethylcyclopropyl)methanone. 1897 154. AKB48 (1-pentyl-N-tricyclo[3.3.1.13,7]dec-1-yl-1H 1898 indazole-3-carboxamide). 1899 155. AM-2233((2-iodophenyl)[1-[(1-methyl-2 1900 piperidinyl)methyl]-1H-indol-3-yl]-methanone). 1901 156. STS-135 (1-(5-fluoropentyl)-N-tricyclo[3.3.1.13,7]dec 1902 1-yl-1H-indole-3-carboxamide). 1903 157. URB-597 ((3’-(aminocarbonyl)[1,1’-biphenyl]-3-yl)- 1904 cyclohexylcarbamate). 1905 158. URB-602 ([1,1’-biphenyl]-3-yl-carbamic acid, 1906 cyclohexyl ester). 1907 159. URB-754 (6-methyl-2-[(4-methylphenyl)amino]-1 1908 benzoxazin-4-one). 1909 160. 2C-D (2-(2,5-Dimethoxy-4-methylphenyl)ethanamine). 1910 161. 2C-H (2-(2,5-Dimethoxyphenyl)ethanamine). 1911 162. 2C-N (2-(2,5-Dimethoxy-4-nitrophenyl)ethanamine). 1912 163. 2C-P (2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine). 1913 164. 25I-NBOMe (4-iodo-2,5-dimethoxy-N-[(2 1914 methoxyphenyl)methyl]-benzeneethanamine). 1915 165. 3,4-Methylenedioxymethamphetamine (MDMA). 1916 166. PB-22 (1-pentyl-8-quinolinyl ester-1H-indole-3 1917 carboxylic acid). 1918 167. 5-Fluoro PB-22 (8-quinolinyl ester-1-(5-fluoropentyl) 1919 1H-indole-3-carboxylic acid). 1920 168. BB-22 (1-(cyclohexylmethyl)-8-quinolinyl ester-1H 1921 indole-3-carboxylic acid). 1922 169. 5-Fluoro AKB48 (N-((3s,5s,7s)-adamantan-1-yl)-1-(5 1923 fluoropentyl)-1H-indazole-3-carboxamide). 1924 Section 7. Subsections (1) through (6) of section 893.13, 1925 Florida Statutes, are amended to read: 1926 893.13 Prohibited acts; penalties.— 1927 (1)(a) Except as authorized by this chapter and chapters 1928 468 andchapter499, ait is unlawful for anyperson may notto1929 sell, manufacture, or deliver, or possess with intent to sell, 1930 manufacture, or deliver, a controlled substance. AAnyperson 1931 who violates this provision with respect to: 1932 1. A controlled substance named or described in s. 1933 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., 1934 commits a felony of the second degree, punishable as provided in 1935 s. 775.082, s. 775.083, or s. 775.084. 1936 2. A controlled substance named or described in s. 1937 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., 1938 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of 1939 the third degree, punishable as provided in s. 775.082, s. 1940 775.083, or s. 775.084. 1941 3. A controlled substance named or described in s. 1942 893.03(5) commits a misdemeanor of the first degree, punishable 1943 as provided in s. 775.082 or s. 775.083. 1944 (b) Except as provided in this chapter and chapters 468 and 1945 499, a person may notit is unlawful tosell or deliver in 1946 excess of 10 grams of any substance named or described in s. 1947 893.03(1)(a) or (1)(b), or any combination thereof, or any 1948 mixture containing any such substance. AAnyperson who violates 1949 this paragraph commits a felony of the first degree, punishable 1950 as provided in s. 775.082, s. 775.083, or s. 775.084. 1951 (c) Except as authorized by this chapter and chapters 468 1952 and 499, ait is unlawful for anyperson may nottosell, 1953 manufacture, or deliver, or possess with intent to sell, 1954 manufacture, or deliver, a controlled substance in, on, or 1955 within 1,000 feet of the real property comprising a child care 1956 facility as defined in s. 402.302 or a public or private 1957 elementary, middle, or secondary school between the hours of 6 1958 a.m. and 12 midnight, or at any time in, on, or within 1,000 1959 feet of real property comprising a state, county, or municipal 1960 park, a community center, or a publicly owned recreational 1961 facility. For the purposes of this paragraph, the term 1962 “community center” means a facility operated by a nonprofit 1963 community-based organization for the provision of recreational, 1964 social, or educational services to the public. AAnyperson who 1965 violates this paragraph with respect to: 1966 1. A controlled substance named or described in s. 1967 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., 1968 commits a felony of the first degree, punishable as provided in 1969 s. 775.082, s. 775.083, or s. 775.084. The defendant must be 1970 sentenced to a minimum term of imprisonment of 3 calendar years 1971 unless the offense was committed within 1,000 feet of the real 1972 property comprising a child care facility as defined in s. 1973 402.302. 1974 2. A controlled substance named or described in s. 1975 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., 1976 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of 1977 the second degree, punishable as provided in s. 775.082, s. 1978 775.083, or s. 775.084. 1979 3. Any other controlled substance, except as lawfully sold, 1980 manufactured, or delivered, must be sentenced to pay a $500 fine 1981 and to serve 100 hours of public service in addition to any 1982 other penalty prescribed by law. 1983 1984 This paragraph does not apply to a child care facility unless 1985 the owner or operator of the facility posts a sign that is not 1986 less than 2 square feet in size with a word legend identifying 1987 the facility as a licensed child care facility and that is 1988 posted on the property of the child care facility in a 1989 conspicuous place where the sign is reasonably visible to the 1990 public. 1991 (d) Except as authorized by this chapter and chapters 468 1992 and 499, ait is unlawful for anyperson may nottosell, 1993 manufacture, or deliver, or possess with intent to sell, 1994 manufacture, or deliver, a controlled substance in, on, or 1995 within 1,000 feet of the real property comprising a public or 1996 private college, university, or other postsecondary educational 1997 institution. AAnyperson who violates this paragraph with 1998 respect to: 1999 1. A controlled substance named or described in s. 2000 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., 2001 commits a felony of the first degree, punishable as provided in 2002 s. 775.082, s. 775.083, or s. 775.084. 2003 2. A controlled substance named or described in s. 2004 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., 2005 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of 2006 the second degree, punishable as provided in s. 775.082, s. 2007 775.083, or s. 775.084. 2008 3. Any other controlled substance, except as lawfully sold, 2009 manufactured, or delivered, must be sentenced to pay a $500 fine 2010 and to serve 100 hours of public service in addition to any 2011 other penalty prescribed by law. 2012 (e) Except as authorized by this chapter and chapters 468 2013 and 499, ait is unlawful for anyperson may nottosell, 2014 manufacture, or deliver, or possess with intent to sell, 2015 manufacture, or deliver, a controlled substance not authorized 2016 by law in, on, or within 1,000 feet of a physical place for 2017 worship at which a church or religious organization regularly 2018 conducts religious services or within 1,000 feet of a 2019 convenience business as defined in s. 812.171. AAnyperson who 2020 violates this paragraph with respect to: 2021 1. A controlled substance named or described in s. 2022 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., 2023 commits a felony of the first degree, punishable as provided in 2024 s. 775.082, s. 775.083, or s. 775.084. 2025 2. A controlled substance named or described in s. 2026 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., 2027 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of 2028 the second degree, punishable as provided in s. 775.082, s. 2029 775.083, or s. 775.084. 2030 3. Any other controlled substance, except as lawfully sold, 2031 manufactured, or delivered, must be sentenced to pay a $500 fine 2032 and to serve 100 hours of public service in addition to any 2033 other penalty prescribed by law. 2034 (f) Except as authorized by this chapter and chapters 468 2035 and 499, ait is unlawful for anyperson may nottosell, 2036 manufacture, or deliver, or possess with intent to sell, 2037 manufacture, or deliver, a controlled substance in, on, or 2038 within 1,000 feet of the real property comprising a public 2039 housing facility at any time. For purposes of this section, the 2040 term “real property comprising a public housing facility” means 2041 real property, as defined in s. 421.03(12), of a public 2042 corporation created as a housing authority pursuant to part I of 2043 chapter 421. AAnyperson who violates this paragraph with 2044 respect to: 2045 1. A controlled substance named or described in s. 2046 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., 2047 commits a felony of the first degree, punishable as provided in 2048 s. 775.082, s. 775.083, or s. 775.084. 2049 2. A controlled substance named or described in s. 2050 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., 2051 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of 2052 the second degree, punishable as provided in s. 775.082, s. 2053 775.083, or s. 775.084. 2054 3. Any other controlled substance, except as lawfully sold, 2055 manufactured, or delivered, must be sentenced to pay a $500 fine 2056 and to serve 100 hours of public service in addition to any 2057 other penalty prescribed by law. 2058 (g) Except as authorized by this chapter and chapters 468 2059 and 499, ait is unlawful for anyperson may nottomanufacture 2060 methamphetamine or phencyclidine, or possess any listed chemical 2061 as defined in s. 893.033 in violation of s. 893.149 and with 2062 intent to manufacture methamphetamine or phencyclidine. If any 2063 person violates this paragraph and: 2064 1. The commission or attempted commission of the crime 2065 occurs in a structure or conveyance where any child under 16 2066 years of age is present, the person commits a felony of the 2067 first degree, punishable as provided in s. 775.082, s. 775.083, 2068 or s. 775.084. In addition, the defendant must be sentenced to a 2069 minimum term of imprisonment of 5 calendar years. 2070 2. The commission of the crime causes any child under 16 2071 years of age to suffer great bodily harm, the person commits a 2072 felony of the first degree, punishable as provided in s. 2073 775.082, s. 775.083, or s. 775.084. In addition, the defendant 2074 must be sentenced to a minimum term of imprisonment of 10 2075 calendar years. 2076 (h) Except as authorized by this chapter and chapters 468 2077 and 499, ait is unlawful for anyperson may nottosell, 2078 manufacture, or deliver, or possess with intent to sell, 2079 manufacture, or deliver, a controlled substance in, on, or 2080 within 1,000 feet of the real property comprising an assisted 2081 living facility, as that term is used in chapter 429. AAny2082 person who violates this paragraph with respect to: 2083 1. A controlled substance named or described in s. 2084 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. 2085 commits a felony of the first degree, punishable as provided in 2086 s. 775.082, s. 775.083, or s. 775.084. 2087 2. A controlled substance named or described in s. 2088 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., 2089 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of 2090 the second degree, punishable as provided in s. 775.082, s. 2091 775.083, or s. 775.084. 2092 (2)(a) Except as authorized by this chapter and chapters 2093 468 andchapter499, ait is unlawful for anyperson may notto2094 purchase, or possess with intent to purchase, a controlled 2095 substance. AAnyperson who violates this provision with respect 2096 to: 2097 1. A controlled substance named or described in s. 2098 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., 2099 commits a felony of the second degree, punishable as provided in 2100 s. 775.082, s. 775.083, or s. 775.084. 2101 2. A controlled substance named or described in s. 2102 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., 2103 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of 2104 the third degree, punishable as provided in s. 775.082, s. 2105 775.083, or s. 775.084. 2106 3. A controlled substance named or described in s. 2107 893.03(5) commits a misdemeanor of the first degree, punishable 2108 as provided in s. 775.082 or s. 775.083. 2109 (b) Except as authorizedprovidedin this chapter and 2110 chapters 468 and 499, a person may notit is unlawful to2111 purchase in excess of 10 grams of any substance named or 2112 described in s. 893.03(1)(a) or (1)(b), or any combination 2113 thereof, or any mixture containing any such substance. AAny2114 person who violates this paragraph commits a felony of the first 2115 degree, punishable as provided in s. 775.082, s. 775.083, or s. 2116 775.084. 2117 (3) Except as authorized in this chapter and chapters 468 2118 and 499, aanyperson who delivers, without consideration, not 2119 more than 20 grams of cannabis, as defined in this chapter, 2120 commits a misdemeanor of the first degree, punishable as 2121 provided in s. 775.082 or s. 775.083. For the purposes of this 2122 paragraph, “cannabis” does not include the resin extracted from 2123 the plants of the genus Cannabis or any compound manufacture, 2124 salt, derivative, mixture, or preparation of such resin. 2125 (4) Except as authorized by this chapter and chapters 468 2126 and 499, ait is unlawful for anyperson 18 years of age or 2127 older may nottodeliver any controlled substance to a person 2128 under the age of 18 years, except for an emancipated minor;or2129touse or hire a person under the age of 18 years as an agent or 2130 employee in the sale or delivery of such a substance;,ortouse 2131 such person to assist in avoiding detection or apprehension for 2132 a violation of this chapter. AAnyperson who violates this 2133 provision with respect to: 2134 (a) A controlled substance named or described in s. 2135 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., 2136 commits a felony of the first degree, punishable as provided in 2137 s. 775.082, s. 775.083, or s. 775.084. 2138 (b) A controlled substance named or described in s. 2139 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., 2140 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of 2141 the second degree, punishable as provided in s. 775.082, s. 2142 775.083, or s. 775.084. 2143 2144 Imposition of sentence may not be suspended or deferred, nor 2145 shall the person so convicted be placed on probation. 2146 (5) AIt is unlawful for anyperson may nottobring into 2147 this state any controlled substance unless the possession of 2148 such controlled substance is authorized by this chapter, chapter 2149 468, or chapter 499 or unless such person is licensed to do so 2150 by the appropriate federal agency. AAnyperson who violates 2151 this provision with respect to: 2152 (a) A controlled substance named or described in s. 2153 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., 2154 commits a felony of the second degree, punishable as provided in 2155 s. 775.082, s. 775.083, or s. 775.084. 2156 (b) A controlled substance named or described in s. 2157 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., 2158 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of 2159 the third degree, punishable as provided in s. 775.082, s. 2160 775.083, or s. 775.084. 2161 (c) A controlled substance named or described in s. 2162 893.03(5) commits a misdemeanor of the first degree, punishable 2163 as provided in s. 775.082 or s. 775.083. 2164 (6)(a) AIt is unlawful for anyperson may nottobe in 2165 actual or constructive possession of a controlled substance 2166 unless such controlled substance was lawfully obtained from a 2167 practitioner or pursuant to a valid prescription or order of a 2168 practitioner while acting in the course of his or her 2169 professional practice ortobe in actual or constructive 2170 possession of a controlled substance except as otherwise 2171 authorized by this chapter, chapter 468, or chapter 499. AAny2172 person who violates this provision commits a felony of the third 2173 degree, punishable as provided in s. 775.082, s. 775.083, or s. 2174 775.084. 2175 (b) Except as authorized in this chapter and chapters 468 2176 and 499, if the offense is the possession of not more than 20 2177 grams of cannabis, as defined in this chapter, or 3 grams or 2178 less of a controlled substance described in s. 893.03(1)(c)46. 2179 50., 114.-142., 151.-159., or 166.-169., the person commits a 2180 misdemeanor of the first degree, punishable as provided in s. 2181 775.082 or s. 775.083. For the purposes of this subsection, 2182 “cannabis” does not include the resin extracted from the plants 2183 of the genus Cannabis, or any compound manufacture, salt, 2184 derivative, mixture, or preparation of such resin, and a 2185 controlled substance described in s. 893.03(1)(c)46.-50., 114. 2186 142., 151.-159., or 166.-169., does not include the substance in 2187 a powdered form. 2188 (c) Except as authorizedprovidedin this chapter and 2189 chapters 468 and 499, a person may notit is unlawful topossess 2190 in excess of 10 grams of any substance named or described in s. 2191 893.03(1)(a) or (1)(b), or any combination thereof, or any 2192 mixture containing any such substance. AAnyperson who violates 2193 this paragraph commits a felony of the first degree, punishable 2194 as provided in s. 775.082, s. 775.083, or s. 775.084. 2195 (d) Notwithstanding any provision to the contrary of the 2196 laws of this state relating to arrest, a law enforcement officer 2197 may arrest without warrant any person who the officer has 2198 probable cause to believe is violating the provisions of this 2199 chapter and chapters 468 and 499 relating to possession of 2200 cannabis. 2201 Section 8. Section 893.1351, Florida Statutes, is amended 2202 to read: 2203 893.1351 Ownership, lease, rental, or possession for 2204 trafficking in or manufacturing a controlled substance.— 2205 (1) Except as authorized in this chapter and chapters 468 2206 and 499, a person may not own, lease, or rent any place, 2207 structure,orpart of such place or structurethereof, trailer, 2208 or other conveyance with the knowledge that the place, 2209 structure, trailer, or conveyance will be used for the purpose 2210 of: 2211 (a) Trafficking in a controlled substance,as provided in 2212 s. 893.135; 2213 (b) Sellingfor the sale ofa controlled substance,as 2214 provided in s. 893.13; orfor the manufacture of2215 (c) Manufacturing a controlled substance intended for sale 2216 or distribution to another. 2217 2218 A person who violates this subsection commits a felony of the 2219 third degree, punishable as provided in s. 775.082, s. 775.083, 2220 or s. 775.084. 2221 (2) Except as authorized in this chapter and chapters 468 2222 and 499, a person may not knowingly be in actual or constructive 2223 possession of any place, structure,orpart of such place or 2224 structurethereof, trailer, or other conveyance with the 2225 knowledge that the place, structure, or part thereof, trailer, 2226 or conveyance will be used for the purpose of trafficking in a 2227 controlled substance, as provided in s. 893.135; for the sale of 2228 a controlled substance, as provided in s. 893.13; or for the 2229 manufacture of a controlled substance intended for sale or 2230 distribution to another. A person who violates this subsection 2231 commits a felony of the second degree, punishable as provided in 2232 s. 775.082, s. 775.083, or s. 775.084. 2233 (3) Except as authorized in this chapter and chapters 468 2234 and 499, a person who is in actual or constructive possession of 2235 a place, structure, trailer, or conveyance with the knowledge 2236 that the place, structure, trailer, or conveyance is being used 2237 to manufacture a controlled substance intended for sale or 2238 distribution to another and who knew or should have known that a 2239 minor is present or resides in the place, structure, trailer, or 2240 conveyance commits a felony of the first degree, punishable as 2241 provided in s. 775.082, s. 775.083, or s. 775.084. 2242 (4) For the purposes of this section, proof of the 2243 possession of 25 or more cannabis plants constitutes prima facie 2244 evidence that the cannabis is intended for sale or distribution, 2245 except as provided in this chapter and chapters 468 and 499. 2246 Section 9. Section 893.145, Florida Statutes, is amended to 2247 read: 2248 893.145 “Drug paraphernalia” defined.—The term “drug 2249 paraphernalia” means all equipment, products, and materials of 2250 any kind which are used, intended for use, or designed for use 2251 in planting, propagating, cultivating, growing, harvesting, 2252 manufacturing, compounding, converting, producing, processing, 2253 preparing, testing, analyzing, packaging, repackaging, storing, 2254 containing, concealing, transporting, injecting, ingesting, 2255 inhaling, or otherwise introducing into the human body a 2256 controlled substance in violation of this chapter or s. 877.111. 2257 Except as provided in this chapter and chapters 468 and 499, 2258 drug paraphernalia is deemed to be contraband that iswhich2259shall besubject to civil forfeiture. The term includes, but is 2260 not limited to: 2261 (1) Kits used, intended for use, or designed for use in the 2262 planting, propagating, cultivating, growing, or harvesting of 2263 any species of plant which is a controlled substance or from 2264 which a controlled substance can be derived. 2265 (2) Kits used, intended for use, or designed for use in 2266 manufacturing, compounding, converting, producing, processing, 2267 or preparing controlled substances. 2268 (3) Isomerization devices used, intended for use, or 2269 designed for use in increasing the potency of any species of 2270 plant which is a controlled substance. 2271 (4) Testing equipment used, intended for use, or designed 2272 for use in identifying, or in analyzing the strength, 2273 effectiveness, or purity of, controlled substances. 2274 (5) Scales and balances used, intended for use, or designed 2275 for use in weighing or measuring controlled substances. 2276 (6) Diluents and adulterants, such as quinine 2277 hydrochloride, mannitol, mannite, dextrose, and lactose, used, 2278 intended for use, or designed for use in cutting controlled 2279 substances. 2280 (7) Separation gins and sifters used, intended for use, or 2281 designed for use in removing twigs and seeds from, or in 2282 otherwise cleaning or refining, cannabis. 2283 (8) Blenders, bowls, containers, spoons, and mixing devices 2284 used, intended for use, or designed for use in compounding 2285 controlled substances. 2286 (9) Capsules, balloons, envelopes, and other containers 2287 used, intended for use, or designed for use in packaging small 2288 quantities of controlled substances. 2289 (10) Containers and other objects used, intended for use, 2290 or designed for use in storing, concealing, or transporting 2291 controlled substances. 2292 (11) Hypodermic syringes, needles, and other objects used, 2293 intended for use, or designed for use in parenterally injecting 2294 controlled substances into the human body. 2295 (12) Objects used, intended for use, or designed for use in 2296 ingesting, inhaling, or otherwise introducing cannabis, cocaine, 2297 hashish, hashish oil, or nitrous oxide into the human body, such 2298 as: 2299 (a) Metal, wooden, acrylic, glass, stone, plastic, or 2300 ceramic pipes, with or without screens, permanent screens, 2301 hashish heads, or punctured metal bowls. 2302 (b) Water pipes. 2303 (c) Carburetion tubes and devices. 2304 (d) Smoking and carburetion masks. 2305 (e) Roach clips: meaning objects used to hold burning 2306 material, such as a cannabis cigarette, that has become too 2307 small or too short to be held in the hand. 2308 (f) Miniature cocaine spoons, and cocaine vials. 2309 (g) Chamber pipes. 2310 (h) Carburetor pipes. 2311 (i) Electric pipes. 2312 (j) Air-driven pipes. 2313 (k) Chillums. 2314 (l) Bongs. 2315 (m) Ice pipes or chillers. 2316 (n) A cartridge or canister, which means a small metal 2317 device used to contain nitrous oxide. 2318 (o) A charger, sometimes referred to as a “cracker,” which 2319 means a small metal or plastic device that contains an interior 2320 pin that may be used to expel nitrous oxide from a cartridge or 2321 container. 2322 (p) A charging bottle, which means a device that may be 2323 used to expel nitrous oxide from a cartridge or canister. 2324 (q) A whip-it, which means a device that may be used to 2325 expel nitrous oxide. 2326 (r) A tank. 2327 (s) A balloon. 2328 (t) A hose or tube. 2329 (u) A 2-liter-type soda bottle. 2330 (v) Duct tape. 2331 Section 10. Section 893.147, Florida Statutes, is amended 2332 to read: 2333 893.147 Use, possession, manufacture, delivery, 2334 transportation, advertisement, or retail sale of drug 2335 paraphernalia.— 2336 (1) USE OR POSSESSION OF DRUG PARAPHERNALIA.—Except as 2337 authorized in chapters 468 and 499, aIt is unlawful for any2338 person may nottouse, ortopossess with intent to use, drug 2339 paraphernalia: 2340 (a) To plant, propagate, cultivate, grow, harvest, 2341 manufacture, compound, convert, produce, process, prepare, test, 2342 analyze, pack, repack, store, contain, or conceal a controlled 2343 substance in violation of this chapter; or 2344 (b) To inject, ingest, inhale, or otherwise introduce into 2345 the human body a controlled substance in violation of this 2346 chapter. 2347 2348 AAnyperson who violates this subsection commitsis guilty ofa 2349 misdemeanor of the first degree, punishable as provided in s. 2350 775.082 or s. 775.083. 2351 (2) MANUFACTURE OR DELIVERY OF DRUG PARAPHERNALIA.—Except 2352 as authorized in chapters 468 and 499, aIt is unlawful for any2353 person may nottodeliver, possess with intent to deliver, or 2354 manufacture with intent to deliver drug paraphernalia, knowing, 2355 or under circumstances where one reasonably should know, that it 2356 will be used: 2357 (a) To plant, propagate, cultivate, grow, harvest, 2358 manufacture, compound, convert, produce, process, prepare, test, 2359 analyze, pack, repack, store, contain, or conceal a controlled 2360 substance in violation of this act; or 2361 (b) To inject, ingest, inhale, or otherwise introduce into 2362 the human body a controlled substance in violation of this act. 2363 2364 AAnyperson who violates this subsection commitsis guilty ofa 2365 felony of the third degree, punishable as provided in s. 2366 775.082, s. 775.083, or s. 775.084. 2367 (3) DELIVERY OF DRUG PARAPHERNALIA TO A MINOR.— 2368 (a) Except as authorized in chapters 468 and 499, aAny2369 person 18 years of age or over who violates subsection (2) by 2370 delivering drug paraphernalia to a person under 18 years of age 2371 commitsis guilty ofa felony of the second degree, punishable 2372 as provided in s. 775.082, s. 775.083, or s. 775.084. 2373 (b) AIt is unlawful for anyperson may nottosell or 2374 otherwise deliver hypodermic syringes, needles, or other objects 2375 thatwhichmay be used, are intended for use, or are designed 2376 for use in parenterally injecting substances into the human body 2377 to any person under 18 years of age, except that hypodermic 2378 syringes, needles, or other such objects may be lawfully 2379 dispensed to a person under 18 years of age by a licensed 2380 practitioner, parent, or legal guardian,orby a pharmacist 2381 pursuant to a valid prescription, or in accordance with the 2382 medical use of cannabis as provided in chapters 468 and 499for2383same. AAnyperson who violatesthe provisions ofthis paragraph 2384 commitsis guilty ofa misdemeanor of the first degree, 2385 punishable as provided in s. 775.082 or s. 775.083. 2386 (4) TRANSPORTATION OF DRUG PARAPHERNALIA.—Except as 2387 authorized in chapters 468 and 499, a person may notIt is2388unlawful touse, possess with the intent to use, or manufacture 2389 with the intent to use drug paraphernalia, knowing or under 2390 circumstances in which one reasonably should know that it will 2391 be used to transport: 2392 (a) A controlled substance in violation of this chapter; or 2393 (b) Contraband as defined in s. 932.701(2)(a)1. 2394 2395 AAnyperson who violates this subsection commits a felony of 2396 the third degree, punishable as provided in s. 775.082, s. 2397 775.083, or s. 775.084. 2398 (5) ADVERTISEMENT OF DRUG PARAPHERNALIA.—A person may not 2399It is unlawful for any person toplace in any newspaper, 2400 magazine, handbill, or other publication any advertisement, 2401 knowing, or under circumstances where one reasonably should 2402 know, that the purpose of the advertisement, in whole or in 2403 part, is to promote the sale of objects designed or intended for 2404 use as drug paraphernalia. AAnyperson who violates this 2405 subsection commitsis guilty ofa misdemeanor of the first 2406 degree, punishable as provided in s. 775.082 or s. 775.083. 2407 (6) RETAIL SALE OF DRUG PARAPHERNALIA.— 2408 (a)It is unlawful forA person may nottoknowingly and 2409 willfully sell or offer for sale at retail any drug 2410 paraphernalia described in s. 893.145(12)(a)-(c) or (g)-(m), 2411 other than drug paraphernalia related to the medical use of 2412 cannabis or a pipe that is primarily made of briar, meerschaum, 2413 clay, or corn cob. 2414 (b) A person who violates paragraph (a) commits a 2415 misdemeanor of the first degree, punishable as provided in s. 2416 775.082 or s. 775.083, and, upon a second or subsequent 2417 violation, commits a felony of the third degree, punishable as 2418 provided in s. 775.082, s. 775.083, or s. 775.084. 2419 Section 11. Present subsection (3) of section 921.0022, 2420 Florida Statutes, is redesignated as subsection (4), a new 2421 subsection (3) is added to that section, and paragraphs (a), 2422 (b), (c), (e), (g), (h), and (i) of present subsection (3) of 2423 that section are amended, to read: 2424 921.0022 Criminal Punishment Code; offense severity ranking 2425 chart.— 2426 (3) As used in this section, the term “cannabis” does not 2427 include any form of cannabis that is cultivated, manufactured, 2428 possessed, and distributed in the form of cannabis in compliance 2429 with part XVII of chapter 468 or part III of chapter 499. 2430 (4)(3)OFFENSE SEVERITY RANKING CHART 2431 (a) LEVEL 1 2432 2433 FloridaStatute FelonyDegree Description 2434 24.118(3)(a) 3rd Counterfeit or altered state lottery ticket. 2435 212.054(2)(b) 3rd Discretionary sales surtax; limitations, administration, and collection. 2436 212.15(2)(b) 3rd Failure to remit sales taxes, amount greater than $300 but less than $20,000. 2437 316.1935(1) 3rd Fleeing or attempting to elude law enforcement officer. 2438 319.30(5) 3rd Sell, exchange, give away certificate of title or identification number plate. 2439 319.35(1)(a) 3rd Tamper, adjust, change, etc., an odometer. 2440 320.26(1)(a) 3rd Counterfeit, manufacture, or sell registration license plates or validation stickers. 2441 322.212 (1)(a)-(c) 3rd Possession of forged, stolen, counterfeit, or unlawfully issued driverdriver’slicense; possession of simulated identification. 2442 322.212(4) 3rd Supply or aid in supplying unauthorized driverdriver’slicense or identification card. 2443 322.212(5)(a) 3rd False application for driverdriver’slicense or identification card. 2444 414.39(2) 3rd Unauthorized use, possession, forgery, or alteration of food assistance program, Medicaid ID, value greater than $200. 2445 414.39(3)(a) 3rd Fraudulent misappropriation of public assistance funds by employee/official, value more than $200. 2446 443.071(1) 3rd False statement or representation to obtain or increase reemployment assistance benefits. 2447 509.151(1) 3rd Defraud an innkeeper, food or lodging value greater than $300. 2448 517.302(1) 3rd Violation of the Florida Securities and Investor Protection Act. 2449 562.27(1) 3rd Possess still or still apparatus. 2450 713.69 3rd Tenant removes property upon which lien has accrued, value more than $50. 2451 812.014(3)(c) 3rd Petit theft (3rd conviction); theft of any property not specified in subsection (2). 2452 812.081(2) 3rd Unlawfully makes or causes to be made a reproduction of a trade secret. 2453 815.04(4)(a) 3rd Offense against intellectual property (i.e., computer programs, data). 2454 817.52(2) 3rd Hiring with intent to defraud, motor vehicle services. 2455 817.569(2) 3rd Use of public record or public records information to facilitate commission of a felony. 2456 826.01 3rd Bigamy. 2457 828.122(3) 3rd Fighting or baiting animals. 2458 831.04(1) 3rd Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28. 2459 831.31(1)(a) 3rd Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs. 2460 832.041(1) 3rd Stopping payment with intent to defraud $150 or more. 2461 832.05(2)(b) & (4)(c) 3rd Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more. 2462 838.15(2) 3rd Commercial bribe receiving. 2463 838.16 3rd Commercial bribery. 2464 843.18 3rd Fleeing by boat to elude a law enforcement officer. 2465 847.011(1)(a) 3rd Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction). 2466 849.01 3rd Keeping gambling house. 2467 849.09(1)(a)-(d) 3rd Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery. 2468 849.23 3rd Gambling-related machines; “common offender” as to property rights. 2469 849.25(2) 3rd Engaging in bookmaking. 2470 860.08 3rd Interfere with a railroad signal. 2471 860.13(1)(a) 3rd Operate aircraft while under the influence. 2472 893.13(2)(a)2. 3rd Purchase of cannabis, except when authorized under s. 893.03(1)(c)7. and (1)(c)37. and chapters 468 and 499. 2473 893.13(6)(a) 3rd Possession of cannabis (more than 20 grams), except when authorized under s. 893.03(1)(c)7. and (1)(c)37. and chapters 468 and 499. 2474 934.03(1)(a) 3rd Intercepts, or procures any other person to intercept, any wire or oral communication. 2475 (b) LEVEL 2 2476 2477 FloridaStatute FelonyDegree Description 2478 379.2431 (1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act. 2479 379.2431 (1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act. 2480 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. 2481 517.07(2) 3rd Failure to furnish a prospectus meeting requirements. 2482 590.28(1) 3rd Intentional burning of lands. 2483 784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death. 2484 787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits. 2485 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service. 2486 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary. 2487 810.09(2)(e) 3rd Trespassing on posted commercial horticulture property. 2488 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or more but less than $5,000. 2489 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling. 2490 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure. 2491 817.234(1)(a)2. 3rd False statement in support of insurance claim. 2492 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300. 2493 817.52(3) 3rd Failure to redeliver hired vehicle. 2494 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation. 2495 817.60(5) 3rd Dealing in credit cards of another. 2496 817.60(6)(a) 3rd Forgery; purchase goods, services with false card. 2497 817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months. 2498 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related. 2499 831.01 3rd Forgery. 2500 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud. 2501 831.07 3rd Forging bank bills, checks, drafts, or promissory notes. 2502 831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts. 2503 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes. 2504 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes. 2505 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud. 2506 843.08 3rd Falsely impersonating an officer. 2507 893.13(2)(a)2. 3rd Purchase of any drugs 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)drugsother than cannabis. 2508 893.147(2) 3rd Manufacture or delivery of drug paraphernalia, except when authorized under chapters 468 and 499. 2509 (c) LEVEL 3 2510 2511 FloridaStatute FelonyDegree Description 2512 119.10(2)(b) 3rd Unlawful use of confidential information from police reports. 2513 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports. 2514 316.193(2)(b) 3rd Felony DUI, 3rd conviction. 2515 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated. 2516 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed. 2517 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home. 2518 319.33(1)(c) 3rd Procure or pass title on stolen vehicle. 2519 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration. 2520 327.35(2)(b) 3rd Felony BUI. 2521 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels. 2522 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number. 2523 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund. 2524 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. 2525 379.2431 (1)(e)6. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act. 2526 400.9935(4) 3rd Operating a clinic without a license or filing false license application or other required information. 2527 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report. 2528 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information. 2529 624.401(4)(a) 3rd Transacting insurance without a certificate of authority. 2530 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000. 2531 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer. 2532 697.08 3rd Equity skimming. 2533 790.15(3) 3rd Person directs another to discharge firearm from a vehicle. 2534 796.05(1) 3rd Live on earnings of a prostitute. 2535 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting. 2536 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty. 2537 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon. 2538 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000. 2539 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000. 2540 815.04(4)(b) 2nd Computer offense devised to defraud or obtain property. 2541 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000. 2542 817.233 3rd Burning to defraud insurer. 2543 817.234 (8)(b)-(c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents. 2544 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000. 2545 817.236 3rd Filing a false motor vehicle insurance application. 2546 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card. 2547 817.413(2) 3rd Sale of used goods as new. 2548 817.505(4) 3rd Patient brokering. 2549 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death. 2550 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument. 2551 831.29 2nd Possession of instruments for counterfeiting driverdrivers’licenses or identification cards. 2552 838.021(3)(b) 3rd Threatens unlawful harm to public servant. 2553 843.19 3rd Injure, disable, or kill police dog or horse. 2554 860.15(3) 3rd Overcharging for repairs and parts. 2555 870.01(2) 3rd Riot; inciting or encouraging. 2556 893.13(1)(a)2. 3rd Sell, manufacture, or deliver cannabis, except when authorized under s. 893.03(1)(c)7. and (1)(c)37. and chapters 468 and 499,(or other drugs 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)drugs). 2557 893.13(1)(d)2. 2nd Sell, manufacture, or deliver drugs 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), except when authorized under s. 893.03(1)(c)7. and (1)(c) 37. and chapters 468 and 499,drugswithin 1,000 feet of university. 2558 893.13(1)(f)2. 2nd Sell, manufacture, or deliver drugs 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), except when authorized under s. 893.03(1)(c)7. and (1)(c)37. and chapters 468 and 499,drugswithin 1,000 feet of public housing facility. 2559 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis and possession of cannabis, except when authorized under s. 893.03(1)(c)7. and (1)(c)37. and chapters 468 and 499. 2560 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance. 2561 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc. 2562 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance. 2563 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893. 2564 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. 2565 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. 2566 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person. 2567 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. 2568 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence. 2569 944.47 (1)(a)1.-2. 3rd Introduce contraband to correctional facility. 2570 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution. 2571 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility). 2572 (e) LEVEL 5 2573 2574 FloridaStatute FelonyDegree Description 2575 316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene. 2576 316.1935(4)(a) 2nd Aggravated fleeing or eluding. 2577 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury. 2578 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene. 2579 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy. 2580 379.3671 (2)(c)3. 3rd Willful molestation, possession, or removal of a commercial harvester’s trap contents or trap gear by another harvester. 2581 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive. 2582 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage. 2583 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims. 2584 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums. 2585 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000. 2586 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender. 2587 790.01(2) 3rd Carrying a concealed firearm. 2588 790.162 2nd Threat to throw or discharge destructive device. 2589 790.163(1) 2nd False report of deadly explosive or weapon of mass destruction. 2590 790.221(1) 2nd Possession of short-barreled shotgun or machine gun. 2591 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices. 2592 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years. 2593 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years or older. 2594 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property. 2595 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000. 2596 812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts. 2597 812.019(1) 2nd Stolen property; dealing in or trafficking in. 2598 812.131(2)(b) 3rd Robbery by sudden snatching. 2599 812.16(2) 3rd Owning, operating, or conducting a chop shop. 2600 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000. 2601 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000. 2602 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. 2603 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. 2604 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder. 2605 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult. 2606 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child. 2607 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child. 2608 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. 2609 843.01 3rd Resist officer with violence to person; resist arrest with violence. 2610 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older. 2611 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment. 2612 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment. 2613 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense. 2614 874.05(2)(a) 2nd Encouraging or recruiting person under 13 to join a criminal gang. 2615 893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine(or other drugs under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.drugs).2616 893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis, except when authorized under s. 893.03(1)(c)7. and (1)(c)37. and chapters 468 and 499, or other drugs under(or others. 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. 2617 893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine(or other drugs under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.drugs)within 1,000 feet of university. 2618 893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis, except when authorized under s. 893.03(1)(c)7. and (1)(c)37. and chapters 468 and 499, 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. 2619 893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine(or other drugs under 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. 2620 893.13(4)(b) 2nd Deliver to minor cannabis, except when authorized under s. 893.03(1)(c)7. and (1)(c)37. and chapters 468 and 499,(or other drugs 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)drugs). 2621 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance. 2622 (g) LEVEL 7 2623 2624 FloridaStatute FelonyDegree Description 2625 316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene. 2626 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury. 2627 316.1935(3)(b) 1st Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated. 2628 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury. 2629 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. 2630 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less. 2631 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000. 2632 456.065(2) 3rd Practicing a health care profession without a license. 2633 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury. 2634 458.327(1) 3rd Practicing medicine without a license. 2635 459.013(1) 3rd Practicing osteopathic medicine without a license. 2636 460.411(1) 3rd Practicing chiropractic medicine without a license. 2637 461.012(1) 3rd Practicing podiatric medicine without a license. 2638 462.17 3rd Practicing naturopathy without a license. 2639 463.015(1) 3rd Practicing optometry without a license. 2640 464.016(1) 3rd Practicing nursing without a license. 2641 465.015(2) 3rd Practicing pharmacy without a license. 2642 466.026(1) 3rd Practicing dentistry or dental hygiene without a license. 2643 467.201 3rd Practicing midwifery without a license. 2644 468.366 3rd Delivering respiratory care services without a license. 2645 483.828(1) 3rd Practicing as clinical laboratory personnel without a license. 2646 483.901(9) 3rd Practicing medical physics without a license. 2647 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription. 2648 484.053 3rd Dispensing hearing aids without a license. 2649 494.0018(2) 1st Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims. 2650 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business. 2651 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000. 2652 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. 2653 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driverdriver’slicense or identification card; other registration violations. 2654 775.21(10)(b) 3rd Sexual predator working where children regularly congregate. 2655 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator. 2656 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. 2657 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). 2658 782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide). 2659 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide). 2660 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement. 2661 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon. 2662 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant. 2663 784.048(4) 3rd Aggravated stalking; violation of injunction or court order. 2664 784.048(7) 3rd Aggravated stalking; violation of court order. 2665 784.07(2)(d) 1st Aggravated battery on law enforcement officer. 2666 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff. 2667 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older. 2668 784.081(1) 1st Aggravated battery on specified official or employee. 2669 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee. 2670 784.083(1) 1st Aggravated battery on code inspector. 2671 787.06(3)(a) 1st Human trafficking using coercion for labor and services. 2672 787.06(3)(e) 1st Human trafficking using coercion for labor and services by the transfer or transport of any individual from outside Florida to within the state. 2673 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2). 2674 790.16(1) 1st Discharge of a machine gun under specified circumstances. 2675 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb. 2676 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony. 2677 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction. 2678 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony. 2679 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04. 2680 794.08(4) 3rd Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age. 2681 796.03 2nd Procuring any person under 16 years for prostitution. 2682 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years. 2683 800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older. 2684 806.01(2) 2nd Maliciously damage structure by fire or explosive. 2685 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery. 2686 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery. 2687 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery. 2688 810.02(3)(e) 2nd Burglary of authorized emergency vehicle. 2689 812.014(2)(a)1. 1st Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft. 2690 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree. 2691 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft. 2692 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle. 2693 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more. 2694 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property. 2695 812.131(2)(a) 2nd Robbery by sudden snatching. 2696 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon. 2697 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000. 2698 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud. 2699 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision. 2700 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more. 2701 817.2341 (2)(b) & (3)(b) 1st Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity. 2702 817.535(2)(a) 3rd Filing false lien or other unauthorized document. 2703 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. 2704 825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000. 2705 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement. 2706 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older. 2707 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer. 2708 838.015 2nd Bribery. 2709 838.016 2nd Unlawful compensation or reward for official behavior. 2710 838.021(3)(a) 2nd Unlawful harm to a public servant. 2711 838.22 2nd Bid tampering. 2712 843.0855(2) 3rd Impersonation of a public officer or employee. 2713 843.0855(3) 3rd Unlawful simulation of legal process. 2714 843.0855(4) 3rd Intimidation of a public officer or employee. 2715 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act. 2716 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act. 2717 872.06 2nd Abuse of a dead human body. 2718 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense. 2719 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity. 2720 893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine(or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.)within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center. 2721 893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site. 2722 893.13(4)(a) 1st Deliver to minor cocaine(or other drugs under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.drugs). 2723 893.135(1)(a)1. 1st Trafficking in cannabis, except when authorized under s. 893.03(1)(c)7. and (1)(c)37. and chapters 468 and 499, more than 25 lbs., less than 2,000 lbs. 2724 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams. 2725 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams, excluding cannabis and tetrahydrocannabinols, when excepted under s. 893.03(1)(c)7. and (1)(c)37. and chapters 468 and 499. 2726 2727 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams. 2728 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms. 2729 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams. 2730 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams. 2731 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms. 2732 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms. 2733 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams. 2734 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance. 2735 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000. 2736 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000. 2737 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements. 2738 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements. 2739 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements. 2740 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 2741 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification. 2742 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements. 2743 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph. 2744 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 2745 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification. 2746 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph. 2747 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 2748 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification. 2749 (h) LEVEL 8 2750 2751 FloridaStatute FelonyDegree Description 2752 316.193 (3)(c)3.a. 2nd DUI manslaughter. 2753 316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death. 2754 327.35(3)(c)3. 2nd Vessel BUI manslaughter. 2755 499.0051(7) 1st Knowing trafficking in contraband prescription drugs. 2756 499.0051(8) 1st Knowing forgery of prescription labels or prescription drug labels. 2757 560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter. 2758 560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000. 2759 655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions. 2760 777.03(2)(a) 1st Accessory after the fact, capital felony. 2761 782.04(4) 2nd Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aggravated fleeing or eluding with serious bodily injury or death, aircraft piracy, or unlawfully discharging bomb. 2762 782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3). 2763 782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information. 2764 782.072(2) 1st Committing vessel homicide and failing to render aid or give information. 2765 787.06(3)(b) 1st Human trafficking using coercion for commercial sexual activity. 2766 787.06(3)(c) 1st Human trafficking using coercion for labor and services of an unauthorized alien. 2767 787.06(3)(f) 1st Human trafficking using coercion for commercial sexual activity by the transfer or transport of any individual from outside Florida to within the state. 2768 790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage. 2769 794.011(5) 2nd Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury. 2770 794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state. 2771 800.04(4) 2nd Lewd or lascivious battery. 2772 806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure. 2773 810.02(2)(a) 1st,PBL Burglary with assault or battery. 2774 810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon. 2775 810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage. 2776 812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree. 2777 812.13(2)(b) 1st Robbery with a weapon. 2778 812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon. 2779 817.535(2)(b) 2nd Filing false lien or other unauthorized document; second or subsequent offense. 2780 817.535(3)(a) 2nd Filing false lien or other unauthorized document; property owner is a public officer or employee. 2781 817.535(4)(a)1. 2nd Filing false lien or other unauthorized document; defendant is incarcerated or under supervision. 2782 817.535(5)(a) 2nd Filing false lien or other unauthorized document; owner of the property incurs financial loss as a result of the false instrument. 2783 817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18. 2784 825.102(2) 1st Aggravated abuse of an elderly person or disabled adult. 2785 825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult. 2786 825.103(2)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $100,000 or more. 2787 837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony. 2788 837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony. 2789 860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm. 2790 860.16 1st Aircraft piracy. 2791 893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b). 2792 893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b). 2793 893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b). 2794 893.135(1)(a)2. 1st Trafficking in cannabis, except when authorized under s. 893.03(1)(c)7. and (1)(c)37. and chapters 468 and 499, more than 2,000 lbs., less than 10,000 lbs. 2795 893.135 (1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams. 2796 893.135 (1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams, excluding cannabis and tetrahydrocannabinols, when excepted under s. 893.03(1)(c)7. and (1)(c)37. and chapters 468 and 499. 2797 893.135 (1)(d)1.b. 1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams. 2798 893.135 (1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms. 2799 893.135 (1)(f)1.b. 1st Trafficking in amphetamine, more than 28 grams, less than 200 grams. 2800 893.135 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams. 2801 893.135 (1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms. 2802 893.135 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms. 2803 893.135 (1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams. 2804 893.1351(3) 1st Possession of a place used to manufacture controlled substance when minor is present or resides there, excluding cannabis and tetrahydrocannabinols, when excepted under s. 893.03(1)(c)7. and (1)(c)37. and chapters 468 and 499. 2805 895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity. 2806 895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property. 2807 895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity. 2808 896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000. 2809 896.104(4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000. 2810 (i) LEVEL 9 2811 2812 FloridaStatute FelonyDegree Description 2813 316.193 (3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information. 2814 327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information. 2815 409.920 (2)(b)1.c. 1st Medicaid provider fraud; $50,000 or more. 2816 499.0051(9) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm. 2817 560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter. 2818 560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000. 2819 655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution. 2820 775.0844 1st Aggravated white collar crime. 2821 782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder. 2822 782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, aggravated fleeing or eluding with serious bodily injury or death, and other specified felonies. 2823 782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3). 2824 782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult. 2825 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage. 2826 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony. 2827 787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function. 2828 787.02(3)(a) 1st False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition. 2829 787.06(3)(d) 1st Human trafficking using coercion for commercial sexual activity of an unauthorized alien. 2830 787.06(3)(g) 1st,PBL Human trafficking for commercial sexual activity of a child under the age of 18. 2831 787.06(4) 1st Selling or buying of minors into human trafficking. 2832 790.161 1st Attempted capital destructive device offense. 2833 790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction. 2834 794.011(2) 1st Attempted sexual battery; victim less than 12 years of age. 2835 794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years. 2836 794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances. 2837 794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority. 2838 794.08(2) 1st Female genital mutilation; victim younger than 18 years of age. 2839 796.035 1st Selling or buying of minors into prostitution. 2840 800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older. 2841 812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon. 2842 812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon. 2843 812.135(2)(b) 1st Home-invasion robbery with weapon. 2844 817.535(3)(b) 1st Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee. 2845 817.535(4)(a)2. 1st Filing false claim or other unauthorized document; defendant is incarcerated or under supervision. 2846 817.535(5)(b) 1st Filing false lien or other unauthorized document; second or subsequent offense; owner of the property incurs financial loss as a result of the false instrument. 2847 817.568(7) 2nd,PBL Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority. 2848 827.03(2)(a) 1st Aggravated child abuse. 2849 847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor. 2850 847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor. 2851 859.01 1st Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person. 2852 893.135 1st Attempted capital trafficking offense. 2853 893.135(1)(a)3. 1st Trafficking in cannabis, except when authorized under s. 893.03(1)(c)7. and (1)(c)37. and chapters 468 and 499, more than 10,000 lbs. 2854 893.135 (1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms. 2855 893.135 (1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms, excluding cannabis and tetrahydrocannabinols, when excepted under s. 893.03(1)(c)7. and (1)(c)37. and chapters 468 and 499. 2856 893.135 (1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams. 2857 893.135 (1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms. 2858 893.135 (1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams. 2859 893.135 (1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more. 2860 893.135 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more. 2861 893.135 (1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more. 2862 896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000. 2863 896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000. 2864 Section 12. This act shall take effect October 1, 2014.