Bill Text: FL S1520 | 2023 | Regular Session | Introduced


Bill Title: Controlled Substances

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2023-05-05 - Died in Judiciary [S1520 Detail]

Download: Florida-2023-S1520-Introduced.html
       Florida Senate - 2023                                    SB 1520
       
       
        
       By Senator Pizzo
       
       
       
       
       
       37-01175A-23                                          20231520__
    1                        A bill to be entitled                      
    2         An act relating to controlled substances; amending s.
    3         893.13, F.S.; revising specified prohibited activities
    4         involving controlled substances within 1,000 feet of
    5         certain schools during their hours of operation;
    6         revising specified prohibited activities involving
    7         controlled substances during the hours of operation
    8         within 1,000 feet of certain parks, community centers,
    9         or publicly owned recreational facilities; revising
   10         specified prohibited activities involving controlled
   11         substances within 1,000 feet of specified places of
   12         worship when churches or religious organizations are
   13         conducting services or other activities; deleting
   14         specified prohibited activities involving controlled
   15         substances within 1,000 feet of convenience
   16         businesses; deleting specified prohibited activities
   17         involving controlled substances within 1,000 feet of
   18         public housing facilities; deleting criminal and
   19         noncriminal penalties; amending s. 893.149, F.S.;
   20         conforming a cross-reference; amending s. 921.0022,
   21         F.S.; conforming provisions to changes made by the
   22         act; providing an effective date.
   23          
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Paragraphs (c), (e), and (f) of subsection (1)
   27  of section 893.13, Florida Statutes, are amended to read:
   28         893.13 Prohibited acts; penalties.—
   29         (1)
   30         (c) Except as authorized by this chapter, a person may not
   31  sell, manufacture, or deliver, or possess with intent to sell,
   32  manufacture, or deliver, a controlled substance in, on, or
   33  within 1,000 feet of the real property comprising a child care
   34  facility as defined in s. 402.302 or a public or private
   35  elementary, middle, or secondary school during the school’s
   36  hours of operation, including when the school is providing
   37  services to students outside of normal hours of operation
   38  between the hours of 6 a.m. and 12 midnight, or during the hours
   39  of operation at any time in, on, or within 1,000 feet of real
   40  property comprising a state, county, or municipal park, a
   41  community center, or a publicly owned recreational facility. As
   42  used in this paragraph, the term “community center” means a
   43  facility operated by a nonprofit community-based organization
   44  for the provision of recreational, social, or educational
   45  services to the public. A person who violates this paragraph
   46  with respect to:
   47         1. A controlled substance named or described in s.
   48  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.
   49  commits a felony of the first degree, punishable as provided in
   50  s. 775.082, s. 775.083, or s. 775.084. The defendant must be
   51  sentenced to a minimum term of imprisonment of 3 calendar years
   52  unless the offense was committed within 1,000 feet of the real
   53  property comprising a child care facility as defined in s.
   54  402.302.
   55         2. A controlled substance named or described in s.
   56  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7.,
   57  (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a felony of
   58  the second degree, punishable as provided in s. 775.082, s.
   59  775.083, or s. 775.084.
   60         3. Any other controlled substance, except as lawfully sold,
   61  manufactured, or delivered, must be sentenced to pay a $500 fine
   62  and to serve 100 hours of public service in addition to any
   63  other penalty prescribed by law.
   64  
   65  This paragraph does not apply to a child care facility unless
   66  the owner or operator of the facility posts a sign that is not
   67  less than 2 square feet in size with a word legend identifying
   68  the facility as a licensed child care facility and that is
   69  posted on the property of the child care facility in a
   70  conspicuous place where the sign is reasonably visible to the
   71  public.
   72         (e) Except as authorized by this chapter, a person may not
   73  sell, manufacture, or deliver, or possess with intent to sell,
   74  manufacture, or deliver, a controlled substance not authorized
   75  by law in, on, or within 1,000 feet of a physical place for
   76  worship at which a church or religious organization regularly
   77  conducts religious services when such church or religious
   78  organization is conducting services or other activities or
   79  within 1,000 feet of a convenience business as defined in s.
   80  812.171. A person who violates this paragraph with respect to:
   81         1. A controlled substance named or described in s.
   82  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.
   83  commits a felony of the first degree, punishable as provided in
   84  s. 775.082, s. 775.083, or s. 775.084.
   85         2. A controlled substance named or described in s.
   86  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7.,
   87  (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a felony of
   88  the second degree, punishable as provided in s. 775.082, s.
   89  775.083, or s. 775.084.
   90         3. Any other controlled substance, except as lawfully sold,
   91  manufactured, or delivered, must be sentenced to pay a $500 fine
   92  and to serve 100 hours of public service in addition to any
   93  other penalty prescribed by law.
   94         (f) Except as authorized by this chapter, a person may not
   95  sell, manufacture, or deliver, or possess with intent to sell,
   96  manufacture, or deliver, a controlled substance in, on, or
   97  within 1,000 feet of the real property comprising a public
   98  housing facility at any time. As used in this section, the term
   99  “real property comprising a public housing facility” means real
  100  property, as defined in s. 421.03(12), of a public corporation
  101  created as a housing authority pursuant to part I of chapter
  102  421. A person who violates this paragraph with respect to:
  103         1. A controlled substance named or described in s.
  104  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.
  105  commits a felony of the first degree, punishable as provided in
  106  s. 775.082, s. 775.083, or s. 775.084.
  107         2. A controlled substance named or described in s.
  108  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7.,
  109  (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a felony of
  110  the second degree, punishable as provided in s. 775.082, s.
  111  775.083, or s. 775.084.
  112         3. Any other controlled substance, except as lawfully sold,
  113  manufactured, or delivered, must be sentenced to pay a $500 fine
  114  and to serve 100 hours of public service in addition to any
  115  other penalty prescribed by law.
  116         Section 2. Subsection (3) of section 893.149, Florida
  117  Statutes, is amended to read:
  118         893.149 Unlawful possession of listed chemical.—
  119         (3) This section does not apply to a public employee or
  120  private contractor authorized to clean up or dispose of
  121  hazardous waste or toxic substances resulting from the
  122  prohibited activities listed in s. 893.13(1)(f) s. 893.13(1)(g).
  123         Section 3. Paragraphs (c) and (e) of subsection (3) of
  124  section 921.0022, Florida Statutes, are amended to read:
  125         921.0022 Criminal Punishment Code; offense severity ranking
  126  chart.—
  127         (3) OFFENSE SEVERITY RANKING CHART
  128         (c) LEVEL 3
  129  
  130  FloridaStatute           FelonyDegree         Description          
  131  119.10(2)(b)                 3rd     Unlawful use of confidential information from police reports.
  132  316.066 (3)(b)-(d)           3rd     Unlawfully obtaining or using confidential crash reports.
  133  316.193(2)(b)                3rd     Felony DUI, 3rd conviction.   
  134  316.1935(2)                  3rd     Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
  135  319.30(4)                    3rd     Possession by junkyard of motor vehicle with identification number plate removed.
  136  319.33(1)(a)                 3rd     Alter or forge any certificate of title to a motor vehicle or mobile home.
  137  319.33(1)(c)                 3rd     Procure or pass title on stolen vehicle.
  138  319.33(4)                    3rd     With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
  139  327.35(2)(b)                 3rd     Felony BUI.                   
  140  328.05(2)                    3rd     Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
  141  328.07(4)                    3rd     Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
  142  376.302(5)                   3rd     Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
  143  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.
  144  379.2431 (1)(e)6.            3rd     Possessing any marine turtle species or hatchling, or parts thereof, or the nest of any marine turtle species described in the Marine Turtle Protection Act.
  145  379.2431 (1)(e)7.            3rd     Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
  146  400.9935(4)(a) or (b)        3rd     Operating a clinic, or offering services requiring licensure, without a license.
  147  400.9935(4)(e)               3rd     Filing a false license application or other required information or failing to report information.
  148  440.1051(3)                  3rd     False report of workers’ compensation fraud or retaliation for making such a report.
  149  501.001(2)(b)                2nd     Tampers with a consumer product or the container using materially false/misleading information.
  150  624.401(4)(a)                3rd     Transacting insurance without a certificate of authority.
  151  624.401(4)(b)1.              3rd     Transacting insurance without a certificate of authority; premium collected less than $20,000.
  152  626.902(1)(a) & (b)          3rd     Representing an unauthorized insurer.
  153  697.08                       3rd     Equity skimming.              
  154  790.15(3)                    3rd     Person directs another to discharge firearm from a vehicle.
  155  806.10(1)                    3rd     Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
  156  806.10(2)                    3rd     Interferes with or assaults firefighter in performance of duty.
  157  810.09(2)(c)                 3rd     Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
  158  812.014(2)(c)2.              3rd     Grand theft; $5,000 or more but less than $10,000.
  159  812.0145(2)(c)               3rd     Theft from person 65 years of age or older; $300 or more but less than $10,000.
  160  812.015(8)(b)                3rd     Retail theft with intent to sell; conspires with others.
  161  812.081(2)                   3rd     Theft of a trade secret.      
  162  815.04(4)(b)                 2nd     Computer offense devised to defraud or obtain property.
  163  817.034(4)(a)3.              3rd     Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
  164  817.233                      3rd     Burning to defraud insurer.   
  165  817.234 (8)(b) & (c)         3rd     Unlawful solicitation of persons involved in motor vehicle accidents.
  166  817.234(11)(a)               3rd     Insurance fraud; property value less than $20,000.
  167  817.236                      3rd     Filing a false motor vehicle insurance application.
  168  817.2361                     3rd     Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
  169  817.413(2)                   3rd     Sale of used goods of $1,000 or more as new.
  170  817.49(2)(b)1.               3rd     Willful making of a false report of a crime causing great bodily harm, permanent disfigurement, or permanent disability.
  171  831.28(2)(a)                 3rd     Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
  172  831.29                       2nd     Possession of instruments for counterfeiting driver licenses or identification cards.
  173  836.13(2)                    3rd     Person who promotes an altered sexual depiction of an identifiable person without consent.
  174  838.021(3)(b)                3rd     Threatens unlawful harm to public servant.
  175  843.19                       2nd     Injure, disable, or kill police, fire, or SAR canine or police horse.
  176  860.15(3)                    3rd     Overcharging for repairs and parts.
  177  870.01(2)                    3rd     Riot.                         
  178  870.01(4)                    3rd     Inciting a riot.              
  179  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)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs).
  180  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)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of university.
  181  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)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of public housing facility.
  182  893.13(4)(c)                 3rd     Use or hire of minor; deliver to minor other controlled substances.
  183  893.13(6)(a)                 3rd     Possession of any controlled substance other than felony possession of cannabis.
  184  893.13(7)(a)8.               3rd     Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
  185  893.13(7)(a)9.               3rd     Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
  186  893.13(7)(a)10.              3rd     Affix false or forged label to package of controlled substance.
  187  893.13(7)(a)11.              3rd     Furnish false or fraudulent material information on any document or record required by chapter 893.
  188  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.
  189  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.
  190  893.13(8)(a)3.               3rd     Knowingly write a prescription for a controlled substance for a fictitious person.
  191  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.
  192  918.13(1)                    3rd     Tampering with or fabricating physical evidence.
  193  944.47 (1)(a)1. & 2.         3rd     Introduce contraband to correctional facility.
  194  944.47(1)(c)                 2nd     Possess contraband while upon the grounds of a correctional institution.
  195  985.721                      3rd     Escapes from a juvenile facility (secure detention or residential commitment facility).
  196         (e) LEVEL 5
  197  
  198  FloridaStatute             FelonyDegree        Description        
  199  316.027(2)(a)                  3rd     Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
  200  316.1935(4)(a)                 2nd     Aggravated fleeing or eluding.
  201  316.80(2)                      2nd     Unlawful conveyance of fuel; obtaining fuel fraudulently.
  202  322.34(6)                      3rd     Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
  203  327.30(5)                      3rd     Vessel accidents involving personal injury; leaving scene.
  204  379.365(2)(c)1.                3rd     Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked.
  205  379.367(4)                     3rd     Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
  206  379.407(5)(b)3.                3rd     Possession of 100 or more undersized spiny lobsters.
  207  381.0041(11)(b)                3rd     Donate blood, plasma, or organs knowing HIV positive.
  208  440.10(1)(g)                   2nd     Failure to obtain workers’ compensation coverage.
  209  440.105(5)                     2nd     Unlawful solicitation for the purpose of making workers’ compensation claims.
  210  440.381(2)                     3rd     Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
  211  624.401(4)(b)2.                2nd     Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
  212  626.902(1)(c)                  2nd     Representing an unauthorized insurer; repeat offender.
  213  790.01(2)                      3rd     Carrying a concealed firearm.
  214  790.162                        2nd     Threat to throw or discharge destructive device.
  215  790.163(1)                     2nd     False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
  216  790.221(1)                     2nd     Possession of short-barreled shotgun or machine gun.
  217  790.23                         2nd     Felons in possession of firearms, ammunition, or electronic weapons or devices.
  218  796.05(1)                      2nd     Live on earnings of a prostitute; 1st offense.
  219  800.04(6)(c)                   3rd     Lewd or lascivious conduct; offender less than 18 years of age.
  220  800.04(7)(b)                   2nd     Lewd or lascivious exhibition; offender 18 years of age or older.
  221  806.111(1)                     3rd     Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
  222  812.0145(2)(b)                 2nd     Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
  223  812.015 (8)(a) & (c)-(e)       3rd     Retail theft; property stolen is valued at $750 or more and one or more specified acts.
  224  812.015(8)(f)                  3rd     Retail theft; multiple thefts within specified period.
  225  812.019(1)                     2nd     Stolen property; dealing in or trafficking in.
  226  812.081(3)                     2nd     Trafficking in trade secrets.
  227  812.131(2)(b)                  3rd     Robbery by sudden snatching.
  228  812.16(2)                      3rd     Owning, operating, or conducting a chop shop.
  229  817.034(4)(a)2.                2nd     Communications fraud, value $20,000 to $50,000.
  230  817.234(11)(b)                 2nd     Insurance fraud; property value $20,000 or more but less than $100,000.
  231  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.
  232  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 persons.
  233  817.611(2)(a)                  2nd     Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
  234  817.625(2)(b)                  2nd     Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
  235  825.1025(4)                    3rd     Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
  236  827.071(4)                     2nd     Possess with intent to promote any photographic material, motion picture, etc., which includes child pornography.
  237  827.071(5)                     3rd     Possess, control, or intentionally view any photographic material, motion picture, etc., which includes child pornography.
  238  828.12(2)                      3rd     Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
  239  836.14(4)                      2nd     Person who willfully promotes for financial gain a sexually explicit image of an identifiable person without consent.
  240  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.
  241  843.01                         3rd     Resist officer with violence to person; resist arrest with violence.
  242  847.0135(5)(b)                 2nd     Lewd or lascivious exhibition using computer; offender 18 years or older.
  243  847.0137 (2) & (3)             3rd     Transmission of pornography by electronic device or equipment.
  244  847.0138 (2) & (3)             3rd     Transmission of material harmful to minors to a minor by electronic device or equipment.
  245  874.05(1)(b)                   2nd     Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
  246  874.05(2)(a)                   2nd     Encouraging or recruiting person under 13 years of age to join a criminal gang.
  247  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)5. drugs).
  248  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)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (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.
  249  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)5. drugs) within 1,000 feet of university.
  250  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)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
  251  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)5. drugs) within 1,000 feet of public housing facility.
  252  893.13(4)(b)                   2nd     Use or hire of minor; deliver to minor other controlled substance.
  253  893.1351(1)                    3rd     Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
  254         Section 4. This act shall take effect July 1, 2023.

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