Bill Text: FL S1448 | 2013 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
Florida Senate - 2013 SB 1448
By Senator Smith
31-01003-13 20131448__
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; reenacting s. 893.13(1)-(6), F.S.,
8 relating to prohibited acts involving controlled
9 substances, to incorporate the amendments made to s.
10 893.03, F.S., in references thereto; reenacting s.
11 921.0022(3)(b)-(e), F.S., relating to the Criminal
12 Punishment Code offense severity ranking chart, to
13 incorporate the amendments made to s. 893.03, F.S., in
14 references thereto; providing an effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Paragraph (d) of subsection (3) of section
19 893.03, Florida Statutes, is amended to read:
20 893.03 Standards and schedules.—The substances enumerated
21 in this section are controlled by this chapter. The controlled
22 substances listed or to be listed in Schedules I, II, III, IV,
23 and V are included by whatever official, common, usual,
24 chemical, or trade name designated. The provisions of this
25 section shall not be construed to include within any of the
26 schedules contained in this section any excluded drugs listed
27 within the purview of 21 C.F.R. s. 1308.22, styled “Excluded
28 Substances”; 21 C.F.R. s. 1308.24, styled “Exempt Chemical
29 Preparations”; 21 C.F.R. s. 1308.32, styled “Exempted
30 Prescription Products”; or 21 C.F.R. s. 1308.34, styled “Exempt
31 Anabolic Steroid Products.”
32 (3) SCHEDULE III.—A substance in Schedule III has a
33 potential for abuse less than the substances contained in
34 Schedules I and II and has a currently accepted medical use in
35 treatment in the United States, and abuse of the substance may
36 lead to moderate or low physical dependence or high
37 psychological dependence or, in the case of anabolic steroids,
38 may lead to physical damage. The following substances are
39 controlled in Schedule III:
40 (d) Anabolic steroids.
41 1. The term “anabolic steroid” means any drug or hormonal
42 substance, chemically and pharmacologically related to
43 testosterone, other than estrogens, progestins, and
44 corticosteroids, that promotes muscle growth and includes:
45 a. Androsterone.
46 b. Androsterone acetate.
47 c. Boldenone.
48 d. Boldenone acetate.
49 e. Boldenone benzoate.
50 f. Boldenone undecylenate.
51 g. Chlorotestosterone (4-chlortestosterone).
52 h. Chorionic Gonadotropin, Human (hCG).
53 i.h. Clostebol.
54 j. CJC-1295.
55 k.i. Dehydrochlormethyltestosterone.
56 l.j. Dihydrotestosterone (4-dihydrotestosterone).
57 m.k. Drostanolone.
58 n.l. Ethylestrenol.
59 o.m. Fluoxymesterone.
60 p.n. Formebulone (formebolone).
61 q. Growth-hormone-releasing factor (GRF, GHRF).
62 r. Growth-hormone-releasing hormone (GHRH).
63 s. Growth-hormone-releasing peptide 6 (GHRP-6).
64 t. Human Growth Hormone (HGH).
65 u.o. Mesterolone.
66 v.p. Methandienone.
67 w.q. Methandranone.
68 x.r. Methandriol.
69 y.s. Methandrostenolone.
70 z.t. Methenolone.
71 aa.u. Methyltestosterone.
72 bb.v. Mibolerone.
73 cc.w. Nandrolone.
74 dd.x. Norethandrolone.
75 ee.y. Nortestosterone.
76 ff.z. Nortestosterone decanoate.
77 gg.aa. Nortestosterone phenylpropionate.
78 hh.bb. Nortestosterone propionate.
79 ii.cc. Oxandrolone.
80 jj.dd. Oxymesterone.
81 kk.ee. Oxymetholone.
82 ll. Sermorelin.
83 mm. Somatropin.
84 nn.ff. Stanolone.
85 oo.gg. Stanozolol.
86 pp. Tesamorelin.
87 qq.hh. Testolactone.
88 rr.ii. Testosterone.
89 ss.jj. Testosterone acetate.
90 tt.kk. Testosterone benzoate.
91 uu.ll. Testosterone cypionate.
92 vv.mm. Testosterone decanoate.
93 ww.nn. Testosterone enanthate.
94 xx.oo. Testosterone isocaproate.
95 yy.pp. Testosterone oleate.
96 zz.qq. Testosterone phenylpropionate.
97 aaa.rr. Testosterone propionate.
98 bbb.ss. Testosterone undecanoate.
99 ccc.tt. Trenbolone.
100 ddd.uu. Trenbolone acetate.
101 eee.vv. Any salt, ester, or isomer of a drug or substance
102 described or listed in this subparagraph if that salt, ester, or
103 isomer promotes muscle growth.
104 2. The term does not include an anabolic steroid that is
105 expressly intended for administration through implants to cattle
106 or other nonhuman species and that has been approved by the
107 United States Secretary of Health and Human Services for such
108 administration. However, any person who prescribes, dispenses,
109 or distributes such a steroid for human use is considered to
110 have prescribed, dispensed, or distributed an anabolic steroid
111 within the meaning of this paragraph.
112 Section 2. For the purpose of incorporating the amendment
113 made by this act to section 893.03, Florida Statutes, in a
114 reference thereto, subsections (1) through (6) of section
115 893.13, Florida Statutes, are reenacted to read:
116 893.13 Prohibited acts; penalties.—
117 (1)(a) Except as authorized by this chapter and chapter
118 499, it is unlawful for any person to sell, manufacture, or
119 deliver, or possess with intent to sell, manufacture, or
120 deliver, a controlled substance. Any person who violates this
121 provision with respect to:
122 1. A controlled substance named or described in s.
123 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
124 commits a felony of the second degree, punishable as provided in
125 s. 775.082, s. 775.083, or s. 775.084.
126 2. A controlled substance named or described in s.
127 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
128 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
129 the third degree, punishable as provided in s. 775.082, s.
130 775.083, or s. 775.084.
131 3. A controlled substance named or described in s.
132 893.03(5) commits a misdemeanor of the first degree, punishable
133 as provided in s. 775.082 or s. 775.083.
134 (b) Except as provided in this chapter, it is unlawful to
135 sell or deliver in excess of 10 grams of any substance named or
136 described in s. 893.03(1)(a) or (1)(b), or any combination
137 thereof, or any mixture containing any such substance. Any
138 person who violates this paragraph commits a felony of the first
139 degree, punishable as provided in s. 775.082, s. 775.083, or s.
140 775.084.
141 (c) Except as authorized by this chapter, it is unlawful
142 for any person to sell, manufacture, or deliver, or possess with
143 intent to sell, manufacture, or deliver, a controlled substance
144 in, on, or within 1,000 feet of the real property comprising a
145 child care facility as defined in s. 402.302 or a public or
146 private elementary, middle, or secondary school between the
147 hours of 6 a.m. and 12 midnight, or at any time in, on, or
148 within 1,000 feet of real property comprising a state, county,
149 or municipal park, a community center, or a publicly owned
150 recreational facility. For the purposes of this paragraph, the
151 term “community center” means a facility operated by a nonprofit
152 community-based organization for the provision of recreational,
153 social, or educational services to the public. Any person who
154 violates this paragraph with respect to:
155 1. A controlled substance named or described in s.
156 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
157 commits a felony of the first degree, punishable as provided in
158 s. 775.082, s. 775.083, or s. 775.084. The defendant must be
159 sentenced to a minimum term of imprisonment of 3 calendar years
160 unless the offense was committed within 1,000 feet of the real
161 property comprising a child care facility as defined in s.
162 402.302.
163 2. A controlled substance named or described in s.
164 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
165 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
166 the second degree, punishable as provided in s. 775.082, s.
167 775.083, or s. 775.084.
168 3. Any other controlled substance, except as lawfully sold,
169 manufactured, or delivered, must be sentenced to pay a $500 fine
170 and to serve 100 hours of public service in addition to any
171 other penalty prescribed by law.
172
173 This paragraph does not apply to a child care facility unless
174 the owner or operator of the facility posts a sign that is not
175 less than 2 square feet in size with a word legend identifying
176 the facility as a licensed child care facility and that is
177 posted on the property of the child care facility in a
178 conspicuous place where the sign is reasonably visible to the
179 public.
180 (d) Except as authorized by this chapter, it is unlawful
181 for any person to sell, manufacture, or deliver, or possess with
182 intent to sell, manufacture, or deliver, a controlled substance
183 in, on, or within 1,000 feet of the real property comprising a
184 public or private college, university, or other postsecondary
185 educational institution. Any person who violates this paragraph
186 with respect to:
187 1. A controlled substance named or described in s.
188 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
189 commits a felony of the first degree, punishable as provided in
190 s. 775.082, s. 775.083, or s. 775.084.
191 2. A controlled substance named or described in s.
192 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
193 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
194 the second degree, punishable as provided in s. 775.082, s.
195 775.083, or s. 775.084.
196 3. Any other controlled substance, except as lawfully sold,
197 manufactured, or delivered, must be sentenced to pay a $500 fine
198 and to serve 100 hours of public service in addition to any
199 other penalty prescribed by law.
200 (e) Except as authorized by this chapter, it is unlawful
201 for any person to sell, manufacture, or deliver, or possess with
202 intent to sell, manufacture, or deliver, a controlled substance
203 not authorized by law in, on, or within 1,000 feet of a physical
204 place for worship at which a church or religious organization
205 regularly conducts religious services or within 1,000 feet of a
206 convenience business as defined in s. 812.171. Any person who
207 violates this paragraph with respect to:
208 1. A controlled substance named or described in s.
209 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
210 commits a felony of the first degree, punishable as provided in
211 s. 775.082, s. 775.083, or s. 775.084.
212 2. A controlled substance named or described in s.
213 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
214 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
215 the second degree, punishable as provided in s. 775.082, s.
216 775.083, or s. 775.084.
217 3. Any other controlled substance, except as lawfully sold,
218 manufactured, or delivered, must be sentenced to pay a $500 fine
219 and to serve 100 hours of public service in addition to any
220 other penalty prescribed by law.
221 (f) Except as authorized by this chapter, it is unlawful
222 for any person to sell, manufacture, or deliver, or possess with
223 intent to sell, manufacture, or deliver, a controlled substance
224 in, on, or within 1,000 feet of the real property comprising a
225 public housing facility at any time. For purposes of this
226 section, the term “real property comprising a public housing
227 facility” means real property, as defined in s. 421.03(12), of a
228 public corporation created as a housing authority pursuant to
229 part I of chapter 421. Any person who violates this paragraph
230 with respect to:
231 1. A controlled substance named or described in s.
232 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
233 commits a felony of the first degree, punishable as provided in
234 s. 775.082, s. 775.083, or s. 775.084.
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 (g) Except as authorized by this chapter, it is unlawful
245 for any person to manufacture methamphetamine or phencyclidine,
246 or possess any listed chemical as defined in s. 893.033 in
247 violation of s. 893.149 and with intent to manufacture
248 methamphetamine or phencyclidine. If any person violates this
249 paragraph and:
250 1. The commission or attempted commission of the crime
251 occurs in a structure or conveyance where any child under 16
252 years of age is present, the person commits a felony of the
253 first degree, punishable as provided in s. 775.082, s. 775.083,
254 or s. 775.084. In addition, the defendant must be sentenced to a
255 minimum term of imprisonment of 5 calendar years.
256 2. The commission of the crime causes any child under 16
257 years of age to suffer great bodily harm, the person commits a
258 felony of the first degree, punishable as provided in s.
259 775.082, s. 775.083, or s. 775.084. In addition, the defendant
260 must be sentenced to a minimum term of imprisonment of 10
261 calendar years.
262 (h) Except as authorized by this chapter, it is unlawful
263 for any person to sell, manufacture, or deliver, or possess with
264 intent to sell, manufacture, or deliver, a controlled substance
265 in, on, or within 1,000 feet of the real property comprising an
266 assisted living facility, as that term is used in chapter 429.
267 Any person who violates this paragraph with respect to:
268 1. A controlled substance named or described in s.
269 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
270 commits a felony of the first degree, punishable as provided in
271 s. 775.082, s. 775.083, or s. 775.084.
272 2. A controlled substance named or described in s.
273 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
274 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
275 the second degree, punishable as provided in s. 775.082, s.
276 775.083, or s. 775.084.
277 (2)(a) Except as authorized by this chapter and chapter
278 499, it is unlawful for any person to purchase, or possess with
279 intent to purchase, a controlled substance. Any person who
280 violates this provision with respect to:
281 1. A controlled substance named or described in s.
282 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
283 commits a felony of the second degree, punishable as provided in
284 s. 775.082, s. 775.083, or s. 775.084.
285 2. A controlled substance named or described in s.
286 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
287 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
288 the third degree, punishable as provided in s. 775.082, s.
289 775.083, or s. 775.084.
290 3. A controlled substance named or described in s.
291 893.03(5) commits a misdemeanor of the first degree, punishable
292 as provided in s. 775.082 or s. 775.083.
293 (b) Except as provided in this chapter, it is unlawful to
294 purchase in excess of 10 grams of any substance named or
295 described in s. 893.03(1)(a) or (1)(b), or any combination
296 thereof, or any mixture containing any such substance. Any
297 person who violates this paragraph commits a felony of the first
298 degree, punishable as provided in s. 775.082, s. 775.083, or s.
299 775.084.
300 (3) Any person who delivers, without consideration, not
301 more than 20 grams of cannabis, as defined in this chapter,
302 commits a misdemeanor of the first degree, punishable as
303 provided in s. 775.082 or s. 775.083. For the purposes of this
304 paragraph, “cannabis” does not include the resin extracted from
305 the plants of the genus Cannabis or any compound manufacture,
306 salt, derivative, mixture, or preparation of such resin.
307 (4) Except as authorized by this chapter, it is unlawful
308 for any person 18 years of age or older to deliver any
309 controlled substance to a person under the age of 18 years, or
310 to use or hire a person under the age of 18 years as an agent or
311 employee in the sale or delivery of such a substance, or to use
312 such person to assist in avoiding detection or apprehension for
313 a violation of this chapter. Any person who violates this
314 provision with respect to:
315 (a) A controlled substance named or described in s.
316 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
317 commits a felony of the first degree, punishable as provided in
318 s. 775.082, s. 775.083, or s. 775.084.
319 (b) A controlled substance named or described in s.
320 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
321 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
322 the second degree, punishable as provided in s. 775.082, s.
323 775.083, or s. 775.084.
324
325 Imposition of sentence may not be suspended or deferred, nor
326 shall the person so convicted be placed on probation.
327 (5) It is unlawful for any person to bring into this state
328 any controlled substance unless the possession of such
329 controlled substance is authorized by this chapter or unless
330 such person is licensed to do so by the appropriate federal
331 agency. Any person who violates this provision with respect to:
332 (a) A controlled substance named or described in s.
333 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
334 commits a felony of the second degree, punishable as provided in
335 s. 775.082, s. 775.083, or s. 775.084.
336 (b) A controlled substance named or described in s.
337 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
338 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
339 the third degree, punishable as provided in s. 775.082, s.
340 775.083, or s. 775.084.
341 (c) A controlled substance named or described in s.
342 893.03(5) commits a misdemeanor of the first degree, punishable
343 as provided in s. 775.082 or s. 775.083.
344 (6)(a) It is unlawful for any person to be in actual or
345 constructive possession of a controlled substance unless such
346 controlled substance was lawfully obtained from a practitioner
347 or pursuant to a valid prescription or order of a practitioner
348 while acting in the course of his or her professional practice
349 or to be in actual or constructive possession of a controlled
350 substance except as otherwise authorized by this chapter. Any
351 person who violates this provision commits a felony of the third
352 degree, punishable as provided in s. 775.082, s. 775.083, or s.
353 775.084.
354 (b) If the offense is the possession of not more than 20
355 grams of cannabis, as defined in this chapter, or 3 grams or
356 less of a controlled substance described in s. 893.03(1)(c)46.
357 50. and 114.-142., the person commits a misdemeanor of the first
358 degree, punishable as provided in s. 775.082 or s. 775.083. For
359 the purposes of this subsection, “cannabis” does not include the
360 resin extracted from the plants of the genus Cannabis, or any
361 compound manufacture, salt, derivative, mixture, or preparation
362 of such resin, and a controlled substance described in s.
363 893.03(1)(c)46.-50. and 114.-142. does not include the substance
364 in a powdered form.
365 (c) Except as provided in this chapter, it is unlawful to
366 possess 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 (d) Notwithstanding any provision to the contrary of the
373 laws of this state relating to arrest, a law enforcement officer
374 may arrest without warrant any person who the officer has
375 probable cause to believe is violating the provisions of this
376 chapter relating to possession of cannabis.
377 Section 3. For the purpose of incorporating the amendment
378 made by this act to section 893.03, Florida Statutes, in a
379 reference thereto, paragraphs (b) through (e) of subsection (3)
380 of section 921.0022, Florida Statutes, are reenacted to read:
381 921.0022 Criminal Punishment Code; offense severity ranking
382 chart.—
383 (3) OFFENSE SEVERITY RANKING CHART
384 (b) LEVEL 2
385 FloridaStatute FelonyDegree Description
386 379.2431 (1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
387 379.2431 (1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
388 403.413(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.
389 517.07(2) 3rd Failure to furnish a prospectus meeting requirements.
390 590.28(1) 3rd Intentional burning of lands.
391 784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
392 787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
393 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
394 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
395 810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
396 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or more but less than $5,000.
397 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.
398 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
399 817.234(1)(a)2. 3rd False statement in support of insurance claim.
400 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
401 817.52(3) 3rd Failure to redeliver hired vehicle.
402 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
403 817.60(5) 3rd Dealing in credit cards of another.
404 817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
405 817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
406 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
407 831.01 3rd Forgery.
408 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
409 831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
410 831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
411 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
412 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
413 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
414 843.08 3rd Falsely impersonating an officer.
415 893.13(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.
416 893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
417 (c) LEVEL 3
418 FloridaStatute FelonyDegree Description
419 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
420 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
421 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
422 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
423 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
424 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
425 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
426 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
427 327.35(2)(b) 3rd Felony BUI.
428 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
429 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
430 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
431 379.2431 (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.
432 379.2431 (1)(e)6. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
433 400.9935(4) 3rd Operating a clinic without a license or filing false license application or other required information.
434 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
435 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
436 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
437 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
438 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
439 697.08 3rd Equity skimming.
440 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
441 796.05(1) 3rd Live on earnings of a prostitute.
442 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
443 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
444 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
445 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
446 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
447 815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
448 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
449 817.233 3rd Burning to defraud insurer.
450 817.234 (8)(b)-(c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
451 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
452 817.236 3rd Filing a false motor vehicle insurance application.
453 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
454 817.413(2) 3rd Sale of used goods as new.
455 817.505(4) 3rd Patient brokering.
456 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
457 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
458 831.29 2nd Possession of instruments for counterfeiting drivers’ licenses or identification cards.
459 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
460 843.19 3rd Injure, disable, or kill police dog or horse.
461 860.15(3) 3rd Overcharging for repairs and parts.
462 870.01(2) 3rd Riot; inciting or encouraging.
463 893.13(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).
464 893.13(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.
465 893.13(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.
466 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
467 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
468 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
469 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
470 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
471 893.13(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.
472 893.13(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.
473 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
474 893.13(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.
475 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
476 944.47 (1)(a)1.-2. 3rd Introduce contraband to correctional facility.
477 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
478 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
479 (d) LEVEL 4
480 FloridaStatute FelonyDegree Description
481 316.1935(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.
482 499.0051(1) 3rd Failure to maintain or deliver pedigree papers.
483 499.0051(2) 3rd Failure to authenticate pedigree papers.
484 499.0051(6) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
485 517.07(1) 3rd Failure to register securities.
486 517.12(1) 3rd Failure of dealer, associated person, or issuer of securities to register.
487 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
488 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
489 784.075 3rd Battery on detention or commitment facility staff.
490 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
491 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
492 784.081(3) 3rd Battery on specified official or employee.
493 784.082(3) 3rd Battery by detained person on visitor or other detainee.
494 784.083(3) 3rd Battery on code inspector.
495 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
496 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
497 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
498 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
499 787.07 3rd Human smuggling.
500 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
501 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
502 790.115(2)(c) 3rd Possessing firearm on school property.
503 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
504 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
505 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
506 810.06 3rd Burglary; possession of tools.
507 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
508 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
509 812.014 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
510 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
511 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
512 817.568(2)(a) 3rd Fraudulent use of personal identification information.
513 817.625(2)(a) 3rd Fraudulent use of scanning device or reencoder.
514 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
515 837.02(1) 3rd Perjury in official proceedings.
516 837.021(1) 3rd Make contradictory statements in official proceedings.
517 838.022 3rd Official misconduct.
518 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
519 839.13(2)(c) 3rd Falsifying records of the Department of Children and Family Services.
520 843.021 3rd Possession of a concealed handcuff key by a person in custody.
521 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
522 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
523 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
524 874.05(1) 3rd Encouraging or recruiting another to join a criminal gang.
525 893.13(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).
526 914.14(2) 3rd Witnesses accepting bribes.
527 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
528 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
529 918.12 3rd Tampering with jurors.
530 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
531 (e) LEVEL 5
532 FloridaStatute FelonyDegree Description
533 316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
534 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
535 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
536 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
537 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
538 379.3671(2)(c)3. 3rd Willful molestation, possession, or removal of a commercial harvester’s trap contents or trap gear by another harvester.
539 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
540 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
541 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
542 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
543 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
544 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
545 790.01(2) 3rd Carrying a concealed firearm.
546 790.162 2nd Threat to throw or discharge destructive device.
547 790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
548 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
549 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
550 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
551 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years or older.
552 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
553 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
554 812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
555 812.019(1) 2nd Stolen property; dealing in or trafficking in.
556 812.131(2)(b) 3rd Robbery by sudden snatching.
557 812.16(2) 3rd Owning, operating, or conducting a chop shop.
558 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
559 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
560 817.2341(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.
561 817.568(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.
562 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
563 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
564 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
565 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
566 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
567 843.01 3rd Resist officer with violence to person; resist arrest with violence.
568 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
569 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
570 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
571 874.05(2) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
572 893.13(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).
573 893.13(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.
574 893.13(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.
575 893.13(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.
576 893.13(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.
577 893.13(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).
578 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
579 Section 4. This act shall take effect October 1, 2013.
