Bill Text: FL S1448 | 2013 | Regular Session | Comm Sub


Bill Title: Controlled Substances

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Failed) 2013-05-03 - Died in Appropriations Subcommittee on Criminal and Civil Justice [S1448 Detail]

Download: Florida-2013-S1448-Comm_Sub.html
       Florida Senate - 2013                      CS for CS for SB 1448
       
       
       
       By the Committees on Criminal Justice; and Health Policy; and
       Senator Smith
       
       
       
       591-03851-13                                          20131448c2
    1                        A bill to be entitled                      
    2         An act relating to controlled substances; amending s.
    3         893.03, F.S.; adding to the list of Schedule III
    4         controlled substances certain specified materials,
    5         compounds, mixtures, or preparations that promote
    6         muscle growth or otherwise enhance athletic
    7         performance; adding human chorionic gonadotropin to
    8         the list of Schedule III controlled substances;
    9         reenacting s. 893.12(1)-(6), F.S., relating to
   10         prohibited acts involving controlled substances, to
   11         incorporate the amendments made to s. 893.03, F.S., in
   12         references thereto; reenacting s. 921.0022(3)(b)-(e),
   13         F.S., relating to the Criminal Punishment Code offense
   14         severity ranking chart, to incorporate the amendments
   15         made to s. 893.03, F.S., in references thereto;
   16         providing an effective date.
   17  
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Paragraphs (h), (i), (j), (k), (l), (m), and (n)
   21  are added to subsection (3) of section 893.03, Florida Statutes,
   22  to read:
   23         893.03 Standards and schedules.—The substances enumerated
   24  in this section are controlled by this chapter. The controlled
   25  substances listed or to be listed in Schedules I, II, III, IV,
   26  and V are included by whatever official, common, usual,
   27  chemical, or trade name designated. The provisions of this
   28  section shall not be construed to include within any of the
   29  schedules contained in this section any excluded drugs listed
   30  within the purview of 21 C.F.R. s. 1308.22, styled “Excluded
   31  Substances”; 21 C.F.R. s. 1308.24, styled “Exempt Chemical
   32  Preparations”; 21 C.F.R. s. 1308.32, styled “Exempted
   33  Prescription Products”; or 21 C.F.R. s. 1308.34, styled “Exempt
   34  Anabolic Steroid Products.”
   35         (3) SCHEDULE III.—A substance in Schedule III has a
   36  potential for abuse less than the substances contained in
   37  Schedules I and II and has a currently accepted medical use in
   38  treatment in the United States, and abuse of the substance may
   39  lead to moderate or low physical dependence or high
   40  psychological dependence or, in the case of anabolic steroids,
   41  may lead to physical damage. The following substances are
   42  controlled in Schedule III:
   43         (a) Unless specifically excepted or unless listed in
   44  another schedule, any material, compound, mixture, or
   45  preparation which contains any quantity of the following
   46  substances having a depressant or stimulant effect on the
   47  nervous system:
   48         1. Any substance which contains any quantity of a
   49  derivative of barbituric acid, including thiobarbituric acid, or
   50  any salt of a derivative of barbituric acid or thiobarbituric
   51  acid, including, but not limited to, butabarbital and
   52  butalbital.
   53         2. Benzphetamine.
   54         3. Chlorhexadol.
   55         4. Chlorphentermine.
   56         5. Clortermine.
   57         6. Lysergic acid.
   58         7. Lysergic acid amide.
   59         8. Methyprylon.
   60         9. Phendimetrazine.
   61         10. Sulfondiethylmethane.
   62         11. Sulfonethylmethane.
   63         12. Sulfonmethane.
   64         13. Tiletamine and zolazepam or any salt thereof.
   65         (b) Nalorphine.
   66         (c) Unless specifically excepted or unless listed in
   67  another schedule, any material, compound, mixture, or
   68  preparation containing limited quantities of any of the
   69  following controlled substances or any salts thereof:
   70         1. Not more than 1.8 grams of codeine per 100 milliliters
   71  or not more than 90 milligrams per dosage unit, with an equal or
   72  greater quantity of an isoquinoline alkaloid of opium.
   73         2. Not more than 1.8 grams of codeine per 100 milliliters
   74  or not more than 90 milligrams per dosage unit, with recognized
   75  therapeutic amounts of one or more active ingredients which are
   76  not controlled substances.
   77         3. Not more than 300 milligrams of hydrocodone per 100
   78  milliliters or not more than 15 milligrams per dosage unit, with
   79  a fourfold or greater quantity of an isoquinoline alkaloid of
   80  opium.
   81         4. Not more than 300 milligrams of hydrocodone per 100
   82  milliliters or not more than 15 milligrams per dosage unit, with
   83  recognized therapeutic amounts of one or more active ingredients
   84  that are not controlled substances.
   85         5. Not more than 1.8 grams of dihydrocodeine per 100
   86  milliliters or not more than 90 milligrams per dosage unit, with
   87  recognized therapeutic amounts of one or more active ingredients
   88  which are not controlled substances.
   89         6. Not more than 300 milligrams of ethylmorphine per 100
   90  milliliters or not more than 15 milligrams per dosage unit, with
   91  one or more active, nonnarcotic ingredients in recognized
   92  therapeutic amounts.
   93         7. Not more than 50 milligrams of morphine per 100
   94  milliliters or per 100 grams, with recognized therapeutic
   95  amounts of one or more active ingredients which are not
   96  controlled substances.
   97  
   98         For purposes of charging a person with a violation of s.
   99  893.135 involving any controlled substance described in
  100  subparagraph 3. or subparagraph 4., the controlled substance is
  101  a Schedule III controlled substance pursuant to this paragraph
  102  but the weight of the controlled substance per milliliters or
  103  per dosage unit is not relevant to the charging of a violation
  104  of s. 893.135. The weight of the controlled substance shall be
  105  determined pursuant to s. 893.135(6).
  106         (d) Anabolic steroids.
  107         1. The term “anabolic steroid” means any drug or hormonal
  108  substance, chemically and pharmacologically related to
  109  testosterone, other than estrogens, progestins, and
  110  corticosteroids, that promotes muscle growth and includes:
  111         a. Androsterone.
  112         b. Androsterone acetate.
  113         c. Boldenone.
  114         d. Boldenone acetate.
  115         e. Boldenone benzoate.
  116         f. Boldenone undecylenate.
  117         g. Chlorotestosterone (4-chlortestosterone).
  118         h. Clostebol.
  119         i. Dehydrochlormethyltestosterone.
  120         j. Dihydrotestosterone (4-dihydrotestosterone).
  121         k. Drostanolone.
  122         l. Ethylestrenol.
  123         m. Fluoxymesterone.
  124         n. Formebulone (formebolone).
  125         o. Mesterolone.
  126         p. Methandienone.
  127         q. Methandranone.
  128         r. Methandriol.
  129         s. Methandrostenolone.
  130         t. Methenolone.
  131         u. Methyltestosterone.
  132         v. Mibolerone.
  133         w. Nandrolone.
  134         x. Norethandrolone.
  135         y. Nortestosterone.
  136         z. Nortestosterone decanoate.
  137         aa. Nortestosterone phenylpropionate.
  138         bb. Nortestosterone propionate.
  139         cc. Oxandrolone.
  140         dd. Oxymesterone.
  141         ee. Oxymetholone.
  142         ff. Stanolone.
  143         gg. Stanozolol.
  144         hh. Testolactone.
  145         ii. Testosterone.
  146         jj. Testosterone acetate.
  147         kk. Testosterone benzoate.
  148         ll. Testosterone cypionate.
  149         mm. Testosterone decanoate.
  150         nn. Testosterone enanthate.
  151         oo. Testosterone isocaproate.
  152         pp. Testosterone oleate.
  153         qq. Testosterone phenylpropionate.
  154         rr. Testosterone propionate.
  155         ss. Testosterone undecanoate.
  156         tt. Trenbolone.
  157         uu. Trenbolone acetate.
  158         vv. Any salt, ester, or isomer of a drug or substance
  159  described or listed in this subparagraph if that salt, ester, or
  160  isomer promotes muscle growth.
  161         2. The term does not include an anabolic steroid that is
  162  expressly intended for administration through implants to cattle
  163  or other nonhuman species and that has been approved by the
  164  United States Secretary of Health and Human Services for such
  165  administration. However, any person who prescribes, dispenses,
  166  or distributes such a steroid for human use is considered to
  167  have prescribed, dispensed, or distributed an anabolic steroid
  168  within the meaning of this paragraph.
  169         (e) Ketamine, including any isomers, esters, ethers, salts,
  170  and salts of isomers, esters, and ethers, whenever the existence
  171  of such isomers, esters, ethers, and salts is possible within
  172  the specific chemical designation.
  173         (f) Dronabinol (synthetic THC) in sesame oil and
  174  encapsulated in a soft gelatin capsule in a drug product
  175  approved by the United States Food and Drug Administration.
  176         (g) Any drug product containing gamma-hydroxybutyric acid,
  177  including its salts, isomers, and salts of isomers, for which an
  178  application is approved under s. 505 of the Federal Food, Drug,
  179  and Cosmetic Act.
  180         (h) Human chorionic gonadotropin (hCG).
  181         (i) Human growth hormone (HGH).
  182         (j) Somatropin.
  183         (k) Growth hormone releasing hormone (GHRH, Sermorelin).
  184         Section 2. For the purpose of incorporating the amendment
  185  made by this act to section 893.03, Florida Statutes, in a
  186  reference thereto, subsections (1) through (6) of section
  187  893.13, Florida Statutes, are reenacted to read:
  188         893.13 Prohibited acts; penalties.—
  189         (1)(a) Except as authorized by this chapter and chapter
  190  499, it is unlawful for any person to sell, manufacture, or
  191  deliver, or possess with intent to sell, manufacture, or
  192  deliver, a controlled substance. Any person who violates this
  193  provision with respect to:
  194         1. A controlled substance named or described in s.
  195  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
  196  commits a felony of the second degree, punishable as provided in
  197  s. 775.082, s. 775.083, or s. 775.084.
  198         2. A controlled substance named or described in s.
  199  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  200  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  201  the third degree, punishable as provided in s. 775.082, s.
  202  775.083, or s. 775.084.
  203         3. A controlled substance named or described in s.
  204  893.03(5) commits a misdemeanor of the first degree, punishable
  205  as provided in s. 775.082 or s. 775.083.
  206         (b) Except as provided in this chapter, it is unlawful to
  207  sell or deliver in excess of 10 grams of any substance named or
  208  described in s. 893.03(1)(a) or (1)(b), or any combination
  209  thereof, or any mixture containing any such substance. Any
  210  person who violates this paragraph commits a felony of the first
  211  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  212  775.084.
  213         (c) Except as authorized by this chapter, it is unlawful
  214  for any person to sell, manufacture, or deliver, or possess with
  215  intent to sell, manufacture, or deliver, a controlled substance
  216  in, on, or within 1,000 feet of the real property comprising a
  217  child care facility as defined in s. 402.302 or a public or
  218  private elementary, middle, or secondary school between the
  219  hours of 6 a.m. and 12 midnight, or at any time in, on, or
  220  within 1,000 feet of real property comprising a state, county,
  221  or municipal park, a community center, or a publicly owned
  222  recreational facility. For the purposes of this paragraph, the
  223  term “community center” means a facility operated by a nonprofit
  224  community-based organization for the provision of recreational,
  225  social, or educational services to the public. Any person who
  226  violates this paragraph with respect to:
  227         1. A controlled substance named or described in s.
  228  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
  229  commits a felony of the first degree, punishable as provided in
  230  s. 775.082, s. 775.083, or s. 775.084. The defendant must be
  231  sentenced to a minimum term of imprisonment of 3 calendar years
  232  unless the offense was committed within 1,000 feet of the real
  233  property comprising a child care facility as defined in s.
  234  402.302.
  235         2. A controlled substance named or described in s.
  236  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  237  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  238  the second degree, punishable as provided in s. 775.082, s.
  239  775.083, or s. 775.084.
  240         3. Any other controlled substance, except as lawfully sold,
  241  manufactured, or delivered, must be sentenced to pay a $500 fine
  242  and to serve 100 hours of public service in addition to any
  243  other penalty prescribed by law.
  244  
  245         This paragraph does not apply to a child care facility
  246  unless the owner or operator of the facility posts a sign that
  247  is not less than 2 square feet in size with a word legend
  248  identifying the facility as a licensed child care facility and
  249  that is posted on the property of the child care facility in a
  250  conspicuous place where the sign is reasonably visible to the
  251  public.
  252         (d) Except as authorized by this chapter, it is unlawful
  253  for any person to sell, manufacture, or deliver, or possess with
  254  intent to sell, manufacture, or deliver, a controlled substance
  255  in, on, or within 1,000 feet of the real property comprising a
  256  public or private college, university, or other postsecondary
  257  educational institution. Any person who violates this paragraph
  258  with respect to:
  259         1. A controlled substance named or described in s.
  260  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
  261  commits a felony of the first degree, punishable as provided in
  262  s. 775.082, s. 775.083, or s. 775.084.
  263         2. A controlled substance named or described in s.
  264  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  265  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  266  the second degree, punishable as provided in s. 775.082, s.
  267  775.083, or s. 775.084.
  268         3. Any other controlled substance, except as lawfully sold,
  269  manufactured, or delivered, must be sentenced to pay a $500 fine
  270  and to serve 100 hours of public service in addition to any
  271  other penalty prescribed by law.
  272         (e) Except as authorized by this chapter, it is unlawful
  273  for any person to sell, manufacture, or deliver, or possess with
  274  intent to sell, manufacture, or deliver, a controlled substance
  275  not authorized by law in, on, or within 1,000 feet of a physical
  276  place for worship at which a church or religious organization
  277  regularly conducts religious services or within 1,000 feet of a
  278  convenience business as defined in s. 812.171. Any person who
  279  violates this paragraph with respect to:
  280         1. A controlled substance named or described in s.
  281  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
  282  commits a felony of the first degree, punishable as provided in
  283  s. 775.082, s. 775.083, or s. 775.084.
  284         2. A controlled substance named or described in s.
  285  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  286  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  287  the second degree, punishable as provided in s. 775.082, s.
  288  775.083, or s. 775.084.
  289         3. Any other controlled substance, except as lawfully sold,
  290  manufactured, or delivered, must be sentenced to pay a $500 fine
  291  and to serve 100 hours of public service in addition to any
  292  other penalty prescribed by law.
  293         (f) Except as authorized by this chapter, it is unlawful
  294  for any person to sell, manufacture, or deliver, or possess with
  295  intent to sell, manufacture, or deliver, a controlled substance
  296  in, on, or within 1,000 feet of the real property comprising a
  297  public housing facility at any time. For purposes of this
  298  section, the term “real property comprising a public housing
  299  facility” means real property, as defined in s. 421.03(12), of a
  300  public corporation created as a housing authority pursuant to
  301  part I of chapter 421. Any person who violates this paragraph
  302  with respect to:
  303         1. A controlled substance named or described in s.
  304  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
  305  commits a felony of the first degree, punishable as provided in
  306  s. 775.082, s. 775.083, or s. 775.084.
  307         2. A controlled substance named or described in s.
  308  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  309  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  310  the second degree, punishable as provided in s. 775.082, s.
  311  775.083, or s. 775.084.
  312         3. Any other controlled substance, except as lawfully sold,
  313  manufactured, or delivered, must be sentenced to pay a $500 fine
  314  and to serve 100 hours of public service in addition to any
  315  other penalty prescribed by law.
  316         (g) Except as authorized by this chapter, it is unlawful
  317  for any person to manufacture methamphetamine or phencyclidine,
  318  or possess any listed chemical as defined in s. 893.033 in
  319  violation of s. 893.149 and with intent to manufacture
  320  methamphetamine or phencyclidine. If any person violates this
  321  paragraph and:
  322         1. The commission or attempted commission of the crime
  323  occurs in a structure or conveyance where any child under 16
  324  years of age is present, the person commits a felony of the
  325  first degree, punishable as provided in s. 775.082, s. 775.083,
  326  or s. 775.084. In addition, the defendant must be sentenced to a
  327  minimum term of imprisonment of 5 calendar years.
  328         2. The commission of the crime causes any child under 16
  329  years of age to suffer great bodily harm, the person commits a
  330  felony of the first degree, punishable as provided in s.
  331  775.082, s. 775.083, or s. 775.084. In addition, the defendant
  332  must be sentenced to a minimum term of imprisonment of 10
  333  calendar years.
  334         (h) Except as authorized by this chapter, it is unlawful
  335  for any person to sell, manufacture, or deliver, or possess with
  336  intent to sell, manufacture, or deliver, a controlled substance
  337  in, on, or within 1,000 feet of the real property comprising an
  338  assisted living facility, as that term is used in chapter 429.
  339  Any person who violates this paragraph with respect to:
  340         1. A controlled substance named or described in s.
  341  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
  342  commits a felony of the first degree, punishable as provided in
  343  s. 775.082, s. 775.083, or s. 775.084.
  344         2. A controlled substance named or described in s.
  345  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  346  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  347  the second degree, punishable as provided in s. 775.082, s.
  348  775.083, or s. 775.084.
  349         (2)(a) Except as authorized by this chapter and chapter
  350  499, it is unlawful for any person to purchase, or possess with
  351  intent to purchase, a controlled substance. Any person who
  352  violates this provision with respect to:
  353         1. A controlled substance named or described in s.
  354  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
  355  commits a felony of the second degree, punishable as provided in
  356  s. 775.082, s. 775.083, or s. 775.084.
  357         2. A controlled substance named or described in s.
  358  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  359  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  360  the third degree, punishable as provided in s. 775.082, s.
  361  775.083, or s. 775.084.
  362         3. A controlled substance named or described in s.
  363  893.03(5) commits a misdemeanor of the first degree, punishable
  364  as provided in s. 775.082 or s. 775.083.
  365         (b) Except as provided in this chapter, it is unlawful to
  366  purchase in excess of 10 grams of any substance named or
  367  described in s. 893.03(1)(a) or (1)(b), or any combination
  368  thereof, or any mixture containing any such substance. Any
  369  person who violates this paragraph commits a felony of the first
  370  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  371  775.084.
  372         (3) Any person who delivers, without consideration, not
  373  more than 20 grams of cannabis, as defined in this chapter,
  374  commits a misdemeanor of the first degree, punishable as
  375  provided in s. 775.082 or s. 775.083. For the purposes of this
  376  paragraph, “cannabis” does not include the resin extracted from
  377  the plants of the genus Cannabis or any compound manufacture,
  378  salt, derivative, mixture, or preparation of such resin.
  379         (4) Except as authorized by this chapter, it is unlawful
  380  for any person 18 years of age or older to deliver any
  381  controlled substance to a person under the age of 18 years, or
  382  to use or hire a person under the age of 18 years as an agent or
  383  employee in the sale or delivery of such a substance, or to use
  384  such person to assist in avoiding detection or apprehension for
  385  a violation of this chapter. Any person who violates this
  386  provision with respect to:
  387         (a) A controlled substance named or described in s.
  388  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
  389  commits a felony of the first degree, punishable as provided in
  390  s. 775.082, s. 775.083, or s. 775.084.
  391         (b) A controlled substance named or described in s.
  392  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  393  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  394  the second degree, punishable as provided in s. 775.082, s.
  395  775.083, or s. 775.084.
  396  
  397         Imposition of sentence may not be suspended or deferred,
  398  nor shall the person so convicted be placed on probation.
  399         (5) It is unlawful for any person to bring into this state
  400  any controlled substance unless the possession of such
  401  controlled substance is authorized by this chapter or unless
  402  such person is licensed to do so by the appropriate federal
  403  agency. Any person who violates this provision with respect to:
  404         (a) A controlled substance named or described in s.
  405  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
  406  commits a felony of the second degree, punishable as provided in
  407  s. 775.082, s. 775.083, or s. 775.084.
  408         (b) A controlled substance named or described in s.
  409  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  410  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  411  the third degree, punishable as provided in s. 775.082, s.
  412  775.083, or s. 775.084.
  413         (c) A controlled substance named or described in s.
  414  893.03(5) commits a misdemeanor of the first degree, punishable
  415  as provided in s. 775.082 or s. 775.083.
  416         (6)(a) It is unlawful for any person to be in actual or
  417  constructive possession of a controlled substance unless such
  418  controlled substance was lawfully obtained from a practitioner
  419  or pursuant to a valid prescription or order of a practitioner
  420  while acting in the course of his or her professional practice
  421  or to be in actual or constructive possession of a controlled
  422  substance except as otherwise authorized by this chapter. Any
  423  person who violates this provision commits a felony of the third
  424  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  425  775.084.
  426         (b) If the offense is the possession of not more than 20
  427  grams of cannabis, as defined in this chapter, or 3 grams or
  428  less of a controlled substance described in s. 893.03(1)(c)46.
  429  50. and 114.-142., the person commits a misdemeanor of the first
  430  degree, punishable as provided in s. 775.082 or s. 775.083. For
  431  the purposes of this subsection, “cannabis” does not include the
  432  resin extracted from the plants of the genus Cannabis, or any
  433  compound manufacture, salt, derivative, mixture, or preparation
  434  of such resin, and a controlled substance described in s.
  435  893.03(1)(c)46.-50. and 114.-142. does not include the substance
  436  in a powdered form.
  437         (c) Except as provided in this chapter, it is unlawful to
  438  possess in excess of 10 grams of any substance named or
  439  described in s. 893.03(1)(a) or (1)(b), or any combination
  440  thereof, or any mixture containing any such substance. Any
  441  person who violates this paragraph commits a felony of the first
  442  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  443  775.084.
  444         (d) Notwithstanding any provision to the contrary of the
  445  laws of this state relating to arrest, a law enforcement officer
  446  may arrest without warrant any person who the officer has
  447  probable cause to believe is violating the provisions of this
  448  chapter relating to possession of cannabis.
  449         Section 3. For the purpose of incorporating the amendment
  450  made by this act to section 893.03, Florida Statutes, in a
  451  reference thereto, paragraphs (b) through (e) of subsection (3)
  452  of section 921.0022, Florida Statutes, are reenacted to read:
  453         921.0022 Criminal Punishment Code; offense severity ranking
  454  chart.—
  455         (3) OFFENSE SEVERITY RANKING CHART
  456         (b) LEVEL 2
  457  FloridaStatute   FelonyDegree                Description                 
  458  379.2431 (1)(e)3.  3rd   Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
  459  379.2431 (1)(e)4.  3rd   Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
  460  403.413(5)(c)      3rd   Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste.
  461  517.07(2)          3rd   Failure to furnish a prospectus meeting requirements.
  462  590.28(1)          3rd   Intentional burning of lands.               
  463  784.05(3)          3rd   Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
  464  787.04(1)          3rd   In violation of court order, take, entice, etc., minor beyond state limits.
  465  806.13(1)(b)3.     3rd   Criminal mischief; damage $1,000 or more to public communication or any other public service.
  466  810.061(2)         3rd   Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
  467  810.09(2)(e)       3rd   Trespassing on posted commercial horticulture property.
  468  812.014(2)(c)1.    3rd   Grand theft, 3rd degree; $300 or more but less than $5,000.
  469  812.014(2)(d)      3rd   Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.
  470  812.015(7)         3rd   Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
  471  817.234(1)(a)2.    3rd   False statement in support of insurance claim.
  472  817.481(3)(a)      3rd   Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
  473  817.52(3)          3rd   Failure to redeliver hired vehicle.         
  474  817.54             3rd   With intent to defraud, obtain mortgage note, etc., by false representation.
  475  817.60(5)          3rd   Dealing in credit cards of another.         
  476  817.60(6)(a)       3rd   Forgery; purchase goods, services with false card.
  477  817.61             3rd   Fraudulent use of credit cards over $100 or more within 6 months.
  478  826.04             3rd   Knowingly marries or has sexual intercourse with person to whom related.
  479  831.01             3rd   Forgery.                                    
  480  831.02             3rd   Uttering forged instrument; utters or publishes alteration with intent to defraud.
  481  831.07             3rd   Forging bank bills, checks, drafts, or promissory notes.
  482  831.08             3rd   Possessing 10 or more forged notes, bills, checks, or drafts.
  483  831.09             3rd   Uttering forged notes, bills, checks, drafts, or promissory notes.
  484  831.11             3rd   Bringing into the state forged bank bills, checks, drafts, or notes.
  485  832.05(3)(a)       3rd   Cashing or depositing item with intent to defraud.
  486  843.08             3rd   Falsely impersonating an officer.           
  487  893.13(2)(a)2.     3rd   Purchase of any s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs other than cannabis.
  488  893.147(2)         3rd   Manufacture or delivery of drug paraphernalia.
  489         (c) LEVEL 3
  490  FloridaStatute   FelonyDegree                Description                 
  491  119.10(2)(b)       3rd   Unlawful use of confidential information from police reports.
  492  316.066 (3)(b)-(d)  3rd   Unlawfully obtaining or using confidential crash reports.
  493  316.193(2)(b)      3rd   Felony DUI, 3rd conviction.                 
  494  316.1935(2)        3rd   Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
  495  319.30(4)          3rd   Possession by junkyard of motor vehicle with identification number plate removed.
  496  319.33(1)(a)       3rd   Alter or forge any certificate of title to a motor vehicle or mobile home.
  497  319.33(1)(c)       3rd   Procure or pass title on stolen vehicle.    
  498  319.33(4)          3rd   With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
  499  327.35(2)(b)       3rd   Felony BUI.                                 
  500  328.05(2)          3rd   Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
  501  328.07(4)          3rd   Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
  502  376.302(5)         3rd   Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
  503  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.
  504  379.2431 (1)(e)6.  3rd   Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
  505  400.9935(4)        3rd   Operating a clinic without a license or filing false license application or other required information.
  506  440.1051(3)        3rd   False report of workers’ compensation fraud or retaliation for making such a report.
  507  501.001(2)(b)      2nd   Tampers with a consumer product or the container using materially false/misleading information.
  508  624.401(4)(a)      3rd   Transacting insurance without a certificate of authority.
  509  624.401(4)(b)1.    3rd   Transacting insurance without a certificate of authority; premium collected less than $20,000.
  510  626.902(1)(a) & (b)  3rd   Representing an unauthorized insurer.       
  511  697.08             3rd   Equity skimming.                            
  512  790.15(3)          3rd   Person directs another to discharge firearm from a vehicle.
  513  796.05(1)          3rd   Live on earnings of a prostitute.           
  514  806.10(1)          3rd   Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
  515  806.10(2)          3rd   Interferes with or assaults firefighter in performance of duty.
  516  810.09(2)(c)       3rd   Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
  517  812.014(2)(c)2.    3rd   Grand theft; $5,000 or more but less than $10,000.
  518  812.0145(2)(c)     3rd   Theft from person 65 years of age or older; $300 or more but less than $10,000.
  519  815.04(4)(b)       2nd   Computer offense devised to defraud or obtain property.
  520  817.034(4)(a)3.    3rd   Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
  521  817.233            3rd   Burning to defraud insurer.                 
  522  817.234 (8)(b)-(c)  3rd   Unlawful solicitation of persons involved in motor vehicle accidents.
  523  817.234(11)(a)     3rd   Insurance fraud; property value less than $20,000.
  524  817.236            3rd   Filing a false motor vehicle insurance application.
  525  817.2361           3rd   Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
  526  817.413(2)         3rd   Sale of used goods as new.                  
  527  817.505(4)         3rd   Patient brokering.                          
  528  828.12(2)          3rd   Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
  529  831.28(2)(a)       3rd   Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
  530  831.29             2nd   Possession of instruments for counterfeiting drivers’ licenses or identification cards.
  531  838.021(3)(b)      3rd   Threatens unlawful harm to public servant.  
  532  843.19             3rd   Injure, disable, or kill police dog or horse.
  533  860.15(3)          3rd   Overcharging for repairs and parts.         
  534  870.01(2)          3rd   Riot; inciting or encouraging.              
  535  893.13(1)(a)2.     3rd   Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
  536  893.13(1)(d)2.     2nd   Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of university.
  537  893.13(1)(f)2.     2nd   Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of public housing facility.
  538  893.13(6)(a)       3rd   Possession of any controlled substance other than felony possession of cannabis.
  539  893.13(7)(a)8.     3rd   Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
  540  893.13(7)(a)9.     3rd   Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
  541  893.13(7)(a)10.    3rd   Affix false or forged label to package of controlled substance.
  542  893.13(7)(a)11.    3rd   Furnish false or fraudulent material information on any document or record required by chapter 893.
  543  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.
  544  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.
  545  893.13(8)(a)3.     3rd   Knowingly write a prescription for a controlled substance for a fictitious person.
  546  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.
  547  918.13(1)(a)       3rd   Alter, destroy, or conceal investigation evidence.
  548  944.47 (1)(a)1.-2.  3rd   Introduce contraband to correctional facility.
  549  944.47(1)(c)       2nd   Possess contraband while upon the grounds of a correctional institution.
  550  985.721            3rd   Escapes from a juvenile facility (secure detention or residential commitment facility).
  551         (d) LEVEL 4
  552  FloridaStatute   FelonyDegree                Description                 
  553  316.1935(3)(a)     2nd   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.
  554  499.0051(1)        3rd   Failure to maintain or deliver pedigree papers.
  555  499.0051(2)        3rd   Failure to authenticate pedigree papers.    
  556  499.0051(6)        2nd   Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
  557  517.07(1)          3rd   Failure to register securities.             
  558  517.12(1)          3rd   Failure of dealer, associated person, or issuer of securities to register.
  559  784.07(2)(b)       3rd   Battery of law enforcement officer, firefighter, etc.
  560  784.074(1)(c)      3rd   Battery of sexually violent predators facility staff.
  561  784.075            3rd   Battery on detention or commitment facility staff.
  562  784.078            3rd   Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
  563  784.08(2)(c)       3rd   Battery on a person 65 years of age or older.
  564  784.081(3)         3rd   Battery on specified official or employee.  
  565  784.082(3)         3rd   Battery by detained person on visitor or other detainee.
  566  784.083(3)         3rd   Battery on code inspector.                  
  567  784.085            3rd   Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
  568  787.03(1)          3rd   Interference with custody; wrongly takes minor from appointed guardian.
  569  787.04(2)          3rd   Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
  570  787.04(3)          3rd   Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
  571  787.07             3rd   Human smuggling.                            
  572  790.115(1)         3rd   Exhibiting firearm or weapon within 1,000 feet of a school.
  573  790.115(2)(b)      3rd   Possessing electric weapon or device, destructive device, or other weapon on school property.
  574  790.115(2)(c)      3rd   Possessing firearm on school property.      
  575  800.04(7)(c)       3rd   Lewd or lascivious exhibition; offender less than 18 years.
  576  810.02(4)(a)       3rd   Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
  577  810.02(4)(b)       3rd   Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
  578  810.06             3rd   Burglary; possession of tools.              
  579  810.08(2)(c)       3rd   Trespass on property, armed with firearm or dangerous weapon.
  580  812.014(2)(c)3.    3rd   Grand theft, 3rd degree $10,000 or more but less than $20,000.
  581  812.014 (2)(c)4.-10.  3rd   Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
  582  812.0195(2)        3rd   Dealing in stolen property by use of the Internet; property stolen $300 or more.
  583  817.563(1)         3rd   Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
  584  817.568(2)(a)      3rd   Fraudulent use of personal identification information.
  585  817.625(2)(a)      3rd   Fraudulent use of scanning device or reencoder.
  586  828.125(1)         2nd   Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
  587  837.02(1)          3rd   Perjury in official proceedings.            
  588  837.021(1)         3rd   Make contradictory statements in official proceedings.
  589  838.022            3rd   Official misconduct.                        
  590  839.13(2)(a)       3rd   Falsifying records of an individual in the care and custody of a state agency.
  591  839.13(2)(c)       3rd   Falsifying records of the Department of Children and Family Services.
  592  843.021            3rd   Possession of a concealed handcuff key by a person in custody.
  593  843.025            3rd   Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
  594  843.15(1)(a)       3rd   Failure to appear while on bail for felony (bond estreature or bond jumping).
  595  847.0135(5)(c)     3rd   Lewd or lascivious exhibition using computer; offender less than 18 years.
  596  874.05(1)          3rd   Encouraging or recruiting another to join a criminal gang.
  597  893.13(2)(a)1.     2nd   Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs).
  598  914.14(2)          3rd   Witnesses accepting bribes.                 
  599  914.22(1)          3rd   Force, threaten, etc., witness, victim, or informant.
  600  914.23(2)          3rd   Retaliation against a witness, victim, or informant, no bodily injury.
  601  918.12             3rd   Tampering with jurors.                      
  602  934.215            3rd   Use of two-way communications device to facilitate commission of a crime.
  603         (e) LEVEL 5
  604  FloridaStatute    FelonyDegree                Description                
  605  316.027(1)(a)       3rd   Accidents involving personal injuries, failure to stop; leaving scene.
  606  316.1935(4)(a)      2nd   Aggravated fleeing or eluding.             
  607  322.34(6)           3rd   Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
  608  327.30(5)           3rd   Vessel accidents involving personal injury; leaving scene.
  609  379.367(4)          3rd   Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
  610  379.3671(2)(c)3.    3rd   Willful molestation, possession, or removal of a commercial harvester’s trap contents or trap gear by another harvester.
  611  381.0041(11)(b)     3rd   Donate blood, plasma, or organs knowing HIV positive.
  612  440.10(1)(g)        2nd   Failure to obtain workers’ compensation coverage.
  613  440.105(5)          2nd   Unlawful solicitation for the purpose of making workers’ compensation claims.
  614  440.381(2)          2nd   Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
  615  624.401(4)(b)2.     2nd   Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
  616  626.902(1)(c)       2nd   Representing an unauthorized insurer; repeat offender.
  617  790.01(2)           3rd   Carrying a concealed firearm.              
  618  790.162             2nd   Threat to throw or discharge destructive device.
  619  790.163(1)          2nd   False report of deadly explosive or weapon of mass destruction.
  620  790.221(1)          2nd   Possession of short-barreled shotgun or machine gun.
  621  790.23              2nd   Felons in possession of firearms, ammunition, or electronic weapons or devices.
  622  800.04(6)(c)        3rd   Lewd or lascivious conduct; offender less than 18 years.
  623  800.04(7)(b)        2nd   Lewd or lascivious exhibition; offender 18 years or older.
  624  806.111(1)          3rd   Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
  625  812.0145(2)(b)      2nd   Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
  626  812.015(8)          3rd   Retail theft; property stolen is valued at $300 or more and one or more specified acts.
  627  812.019(1)          2nd   Stolen property; dealing in or trafficking in.
  628  812.131(2)(b)       3rd   Robbery by sudden snatching.               
  629  812.16(2)           3rd   Owning, operating, or conducting a chop shop.
  630  817.034(4)(a)2.     2nd   Communications fraud, value $20,000 to $50,000.
  631  817.234(11)(b)      2nd   Insurance fraud; property value $20,000 or more but less than $100,000.
  632  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.
  633  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.
  634  817.625(2)(b)       2nd   Second or subsequent fraudulent use of scanning device or reencoder.
  635  825.1025(4)         3rd   Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
  636  827.071(4)          2nd   Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
  637  827.071(5)          3rd   Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
  638  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.
  639  843.01              3rd   Resist officer with violence to person; resist arrest with violence.
  640  847.0135(5)(b)      2nd   Lewd or lascivious exhibition using computer; offender 18 years or older.
  641  847.0137 (2) & (3)  3rd   Transmission of pornography by electronic device or equipment.
  642  847.0138 (2) & (3)  3rd   Transmission of material harmful to minors to a minor by electronic device or equipment.
  643  874.05(2)           2nd   Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
  644  893.13(1)(a)1.      2nd   Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
  645  893.13(1)(c)2.      2nd   Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
  646  893.13(1)(d)1.      1st   Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university.
  647  893.13(1)(e)2.      2nd   Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
  648  893.13(1)(f)1.      1st   Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of public housing facility.
  649  893.13(4)(b)        2nd   Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
  650  893.1351(1)         3rd   Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
  651         Section 4. This act shall take effect July 1, 2013.

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