Senate Bill 0152c1

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    Florida Senate - 1999                            CS for SB 152

    By the Committee on Criminal Justice and Senators Brown-Waite,
    Sullivan, Cowin, Klein, Bronson, Horne, Clary, McKay, Forman,
    Holzendorf, Latvala, Childers, Grant and Sebesta



    307-642-99

  1                      A bill to be entitled

  2         An act relating to controlled substances;

  3         amending s. 893.03, F.S., relating to

  4         scheduling of controlled substances for the

  5         purpose of penalizing unlawful acts involving

  6         controlled substances; deleting references to

  7         dextropropoxyphene in its nondosage forms from

  8         Schedule II; adding references to propoxyphene

  9         in its nondosage forms to Schedule II; deleting

10         references to gamma-hydroxy-butyrate from

11         Schedule II; adding references to

12         gamma-hydroxybutyric acid to Schedule II;

13         adding references to ketamine to Schedule III;

14         deleting references to dextropropoxyphene in

15         its dosage forms from Schedule IV; adding

16         references to propoxyphene in its dosage forms

17         to Schedule IV; reenacting ss. 39.01(30)(a) and

18         (g), 440.102(11)(b), 458.326(3), 465.035(2),

19         766.101(3)(a), 817.563, 831.31, 856.015(1)(d),

20         893.02(4), 893.0356(2)(a), 893.08(1)(b),

21         893.12(2)(b), (c), and (d), 893.13(1), (2)(a),

22         (4), (5)(a) and (b), and (7), and

23         921.0022(3)(b), (c), (d), (e), and (g), F.S.,

24         relating to child welfare, drug-free-workplace

25         requirements, authorized medical treatment, the

26         sale or possession of controlled substances,

27         contraband, prohibited acts with respect to the

28         sale and possession of controlled substances,

29         and the Criminal Punishment Code, to

30         incorporate the amendments to s. 893.03, F.S.,

31         in cross-references; amending s. 893.035, F.S.,

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    Florida Senate - 1999                            CS for SB 152
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  1         relating to the delegation of authority to the

  2         Attorney General to control substances by rule;

  3         conforming terminology to reflect the

  4         reorganization of the Department of Business

  5         and Professional Regulation and the creation of

  6         the Department of Health; providing an

  7         effective date.

  8

  9  Be It Enacted by the Legislature of the State of Florida:

10

11         Section 1.  Subsections (2), (3), and (4) of section

12  893.03, Florida Statutes, are amended to read:

13         893.03  Standards and schedules.--The substances

14  enumerated in this section are controlled by this chapter.

15  The controlled substances listed or to be listed in Schedules

16  I, II, III, IV, and V are included by whatever official,

17  common, usual, chemical, or trade name designated.  The

18  provisions of this section shall not be construed to include

19  within any of the schedules contained in this section any

20  excluded drugs listed within the purview of 21 C.F.R. s.

21  1308.22, styled "Excluded Substances"; 21 C.F.R. s. 1308.24,

22  styled "Exempt Chemical Preparations"; 21 C.F.R. s. 1308.32,

23  styled "Exempted Prescription Products"; or 21 C.F.R. s.

24  1308.34, styled "Exempt Anabolic Steroid Products."

25         (2)  SCHEDULE II.--A substance in Schedule II has a

26  high potential for abuse and has a currently accepted but

27  severely restricted medical use in treatment in the United

28  States, and abuse of the substance may lead to severe

29  psychological or physical dependence.  The following

30  substances are controlled in Schedule II:

31

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    Florida Senate - 1999                            CS for SB 152
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  1         (a)  Unless specifically excepted or unless listed in

  2  another schedule, any of the following substances, whether

  3  produced directly or indirectly by extraction from substances

  4  of vegetable origin or independently by means of chemical

  5  synthesis:

  6         1.  Opium and any salt, compound, derivative, or

  7  preparation of opium, except nalmefene or isoquinoline

  8  alkaloids of opium, including, but not limited to the

  9  following:

10         a.  Raw opium.

11         b.  Opium extracts.

12         c.  Opium fluid extracts.

13         d.  Powdered opium.

14         e.  Granulated opium.

15         f.  Tincture of opium.

16         g.  Codeine.

17         h.  Ethylmorphine.

18         i.  Etorphine hydrochloride.

19         j.  Hydrocodone.

20         k.  Hydromorphone.

21         l.  Levo-alphacetylmethadol (also known as

22  levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM).

23         m.  Metopon (methyldihydromorphinone).

24         n.  Morphine.

25         o.  Oxycodone.

26         p.  Oxymorphone.

27         q.  Thebaine.

28         2.  Any salt, compound, derivative, or preparation of a

29  substance which is chemically equivalent to or identical with

30  any of the substances referred to in subparagraph 1., except

31

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  1  that these substances shall not include the isoquinoline

  2  alkaloids of opium.

  3         3.  Any part of the plant of the species Papaver

  4  somniferum, L.

  5         4.  Cocaine or ecgonine, including any of their

  6  stereoisomers, and any salt, compound, derivative, or

  7  preparation of cocaine or ecgonine.

  8         5.  Dronabinol (synthetic THC) in sesame oil and

  9  encapsulated in a soft gelatin capsule in a U.S. Food and Drug

10  Administration approved drug product.

11         6.  Gamma-hydroxy-butyrate (GHB).

12         (b)  Unless specifically excepted or unless listed in

13  another schedule, any of the following substances, including

14  their isomers, esters, ethers, salts, and salts of isomers,

15  esters, and ethers, whenever the existence of such isomers,

16  esters, ethers, and salts is possible within the specific

17  chemical designation:

18         1.  Alfentanil.

19         2.  Alphaprodine.

20         3.  Anileridine.

21         4.  Bezitramide.

22         5.  Bulk propoxyphene dextropropoxyphene (nondosage

23  forms).

24         6.  Carfentanil.

25         7.  Dihydrocodeine.

26         8.  Diphenoxylate.

27         9.  Fentanyl.

28         10.  Gamma-hydroxybutyric acid (GHB).

29         11.10.  Isomethadone.

30         12.11.  Levomethorphan.

31         13.12.  Levorphanol.

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  1         14.13.  Metazocine.

  2         15.14.  Methadone.

  3         16.15.  Methadone-Intermediate,4-cyano-2-dimethylamino-

  4  4,4-diphenylbutane.

  5         17.16.  Moramide-Intermediate,2-methyl-3-morpholoino-

  6  1,1-diphenylpropane-carboxylic acid.

  7         18.17.  Nabilone.

  8         19.18.  Pethidine (meperidine).

  9         20.19.  Pethidine-Intermediate-A,4-cyano-1-methyl-

10  4-phenylpiperidine.

11         21.20.  Pethidine-Intermediate-B,ethyl-

12  4-phenylpiperidine-4-carboxylate.

13         22.21.  Pethidine-Intermediate-C,1-methyl-

14  4-phenylpiperidine-4-carboxylic acid.

15         23.22.  Phenazocine.

16         24.23.  Phencyclidine.

17         25.24.  1-Phenylcyclohexylamine.

18         26.25.  Piminodine.

19         27.26.  1-Piperidinocyclohexanecarbonitrile.

20         28.27.  Racemethorphan.

21         29.28.  Racemorphan.

22         30.29.  Sufentanil.

23         (c)  Unless specifically excepted or unless listed in

24  another schedule, any material, compound, mixture, or

25  preparation which contains any quantity of the following

26  substances, including their salts, isomers, optical isomers,

27  salts of their isomers, and salts of their optical isomers:

28         1.  Amobarbital.

29         2.  Amphetamine.

30         3.  Glutethimide.

31         4.  Methamphetamine.

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  1         5.  Methylphenidate.

  2         6.  Pentobarbital.

  3         7.  Phenmetrazine.

  4         8.  Phenylacetone.

  5         9.  Secobarbital.

  6         (3)  SCHEDULE III.--A substance in Schedule III has a

  7  potential for abuse less than the substances contained in

  8  Schedules I and II and has a currently accepted medical use in

  9  treatment in the United States, and abuse of the substance may

10  lead to moderate or low physical dependence or high

11  psychological dependence or, in the case of anabolic steroids,

12  may lead to physical damage.  The following substances are

13  controlled in Schedule III:

14         (a)  Unless specifically excepted or unless listed in

15  another schedule, any material, compound, mixture, or

16  preparation which contains any quantity of the following

17  substances having a depressant or stimulant effect on the

18  nervous system:

19         1.  Any substance which contains any quantity of a

20  derivative of barbituric acid, including thiobarbituric acid,

21  or any salt of a derivative of barbituric acid or

22  thiobarbituric acid, including, but not limited to,

23  butabarbital and butalbital.

24         2.  Benzphetamine.

25         3.  Chlorhexadol.

26         4.  Chlorphentermine.

27         5.  Clortermine.

28         6.  Lysergic acid.

29         7.  Lysergic acid amide.

30         8.  Methyprylon.

31         9.  Phendimetrazine.

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  1         10.  Sulfondiethylmethane.

  2         11.  Sulfonethylmethane.

  3         12.  Sulfonmethane.

  4         13.  Tiletamine and zolazepam or any salt thereof.

  5         (b)  Nalorphine.

  6         (c)  Unless specifically excepted or unless listed in

  7  another schedule, any material, compound, mixture, or

  8  preparation containing limited quantities of any of the

  9  following controlled substances or any salts thereof:

10         1.  Not more than 1.8 grams of codeine per 100

11  milliliters or not more than 90 milligrams per dosage unit,

12  with an equal or greater quantity of an isoquinoline alkaloid

13  of opium.

14         2.  Not more than 1.8 grams of codeine per 100

15  milliliters or not more than 90 milligrams per dosage unit,

16  with recognized therapeutic amounts of one or more active

17  ingredients which are not controlled substances.

18         3.  Not more than 300 milligrams of hydrocodone per 100

19  milliliters or not more than 15 milligrams per dosage unit,

20  with a fourfold or greater quantity of an isoquinoline

21  alkaloid of opium.

22         4.  Not more than 300 milligrams of hydrocodone per 100

23  milliliters or not more than 15 milligrams per dosage unit,

24  with recognized therapeutic amounts of one or more active

25  ingredients which are not controlled substances.

26         5.  Not more than 1.8 grams of dihydrocodeine per 100

27  milliliters or not more than 90 milligrams per dosage unit,

28  with recognized therapeutic amounts of one or more active

29  ingredients which are not controlled substances.

30         6.  Not more than 300 milligrams of ethylmorphine per

31  100 milliliters or not more than 15 milligrams per dosage

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  1  unit, with one or more active, nonnarcotic ingredients in

  2  recognized therapeutic amounts.

  3         7.  Not more than 50 milligrams of morphine per 100

  4  milliliters or per 100 grams, with recognized therapeutic

  5  amounts of one or more active ingredients which are not

  6  controlled substances.

  7         (d)  Anabolic steroids.

  8         1.  The term "anabolic steroid" means any drug or

  9  hormonal substance, chemically and pharmacologically related

10  to testosterone, other than estrogens, progestins, and

11  corticosteroids, that promotes muscle growth and includes:

12         a.  Androsterone.

13         b.  Androsterone acetate.

14         c.  Boldenone.

15         d.  Boldenone acetate.

16         e.  Boldenone benzoate.

17         f.  Boldenone undecylenate.

18         g.  Chlorotestosterone (4-chlortestosterone).

19         h.  Clostebol.

20         i.  Dehydrochlormethyltestosterone.

21         j.  Dihydrotestosterone (4-dihydrotestosterone).

22         k.  Drostanolone.

23         l.  Ethylestrenol.

24         m.  Fluoxymesterone.

25         n.  Formebulone (formebolone).

26         o.  Mesterolone.

27         p.  Methandienone.

28         q.  Methandranone.

29         r.  Methandriol.

30         s.  Methandrostenolone.

31         t.  Methenolone.

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  1         u.  Methyltestosterone.

  2         v.  Mibolerone.

  3         w.  Nandrolone.

  4         x.  Norethandrolone.

  5         y.  Nortestosterone.

  6         z.  Nortestosterone decanoate.

  7         aa.  Nortestosterone phenylpropionate.

  8         bb.  Nortestosterone propionate.

  9         cc.  Oxandrolone.

10         dd.  Oxymesterone.

11         ee.  Oxymetholone.

12         ff.  Stanolone.

13         gg.  Stanozolol.

14         hh.  Testolactone.

15         ii.  Testosterone.

16         jj.  Testosterone acetate.

17         kk.  Testosterone benzoate.

18         ll.  Testosterone cypionate.

19         mm.  Testosterone decanoate.

20         nn.  Testosterone enanthate.

21         oo.  Testosterone isocaproate.

22         pp.  Testosterone oleate.

23         qq.  Testosterone phenylpropionate.

24         rr.  Testosterone propionate.

25         ss.  Testosterone undecanoate.

26         tt.  Trenbolone.

27         uu.  Trenbolone acetate.

28         vv.  Any salt, ester, or isomer of a drug or substance

29  described or listed in this subparagraph if that salt, ester,

30  or isomer promotes muscle growth.

31

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  1         2.  The term does not include an anabolic steroid that

  2  is expressly intended for administration through implants to

  3  cattle or other nonhuman species and that has been approved by

  4  the United States Secretary of Health and Human Services for

  5  such administration.  However, any person who prescribes,

  6  dispenses, or distributes such a steroid for human use is

  7  considered to have prescribed, dispensed, or distributed an

  8  anabolic steroid within the meaning of this paragraph.

  9         (e)  Ketamine, including any isomers, esters, ethers,

10  salts, and salts of isomers, esters, and ethers, whenever the

11  existence of such isomers, esters, ethers, and salts is

12  possible within the specific chemical designation.

13         (4)  SCHEDULE IV.--A substance in Schedule IV has a low

14  potential for abuse relative to the substances in Schedule III

15  and has a currently accepted medical use in treatment in the

16  United States, and abuse of the substance may lead to limited

17  physical or psychological dependence relative to the

18  substances in Schedule III.  Unless specifically excepted or

19  unless listed in another schedule, any material, compound,

20  mixture, or preparation which contains any quantity of the

21  following substances, including its salts, isomers, and salts

22  of isomers whenever the existence of such salts, isomers, and

23  salts of isomers is possible within the specific chemical

24  designation, are controlled in Schedule IV:

25         (a)  Alprazolam.

26         (b)  Barbital.

27         (c)  Bromazepam.

28         (d)  Camazepam.

29         (e)  Cathine.

30         (f)  Chloral betaine.

31         (g)  Chloral hydrate.

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  1         (h)  Chlordiazepoxide.

  2         (i)  Clobazam.

  3         (j)  Clonazepam.

  4         (k)  Clorazepate.

  5         (l)  Clotiazepam.

  6         (m)  Cloxazolam.

  7         (n)  Delorazepam.

  8         (o)  Propoxyphene Dextropropoxyphene (dosage forms).

  9         (p)  Diazepam.

10         (q)  Diethylpropion.

11         (r)  Estazolam.

12         (s)  Ethchlorvynol.

13         (t)  Ethinamate.

14         (u)  Ethyl loflazepate.

15         (v)  Fencamfamin.

16         (w)  Fenfluramine.

17         (x)  Fenproporex.

18         (y)  Fludiazepam.

19         (z)  Flurazepam.

20         (aa)  Halazepam.

21         (bb)  Haloxazolam.

22         (cc)  Ketazolam.

23         (dd)  Loprazolam.

24         (ee)  Lorazepam.

25         (ff)  Lormetazepam.

26         (gg)  Mazindol.

27         (hh)  Mebutamate.

28         (ii)  Medazepam.

29         (jj)  Mefenorex.

30         (kk)  Meprobamate.

31         (ll)  Methohexital.

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  1         (mm)  Methylphenobarbital.

  2         (nn)  Midazolam.

  3         (oo)  Nimetazepam.

  4         (pp)  Nitrazepam.

  5         (qq)  Nordiazepam.

  6         (rr)  Oxazepam.

  7         (ss)  Oxazolam.

  8         (tt)  Paraldehyde.

  9         (uu)  Pemoline.

10         (vv)  Pentazocine.

11         (ww)  Phenobarbital.

12         (xx)  Phentermine.

13         (yy)  Pinazepam.

14         (zz)  Pipradrol.

15         (aaa)  Prazepam.

16         (bbb)  Propylhexedrine, excluding any patent or

17  proprietary preparation containing propylhexedrine, unless

18  otherwise provided by federal law.

19         (ccc)  Quazepam.

20         (ddd)  Tetrazepam.

21         (eee)  SPA[(-)-1 dimethylamino-1, 2 diphenylethane].

22         (fff)  Temazepam.

23         (ggg)  Triazolam.

24         (hhh)  Not more than 1 milligram of difenoxin and not

25  less than 25 micrograms of atropine sulfate per dosage unit.

26         (iii)  Butorphanol tartrate.

27         Section 2.  For the purpose of incorporating the

28  amendments to section 893.03, Florida Statutes, in references

29  thereto, paragraphs (a) and (g) of subsection (30) of section

30  39.01, Florida Statutes, 1998 Supplement, are reenacted to

31  read:

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  1         39.01  Definitions.--When used in this chapter, unless

  2  the context otherwise requires:

  3         (30)  "Harm" to a child's health or welfare can occur

  4  when the parent, legal custodian, or caregiver responsible for

  5  the child's welfare:

  6         (a)  Inflicts or allows to be inflicted upon the child

  7  physical, mental, or emotional injury. In determining whether

  8  harm has occurred, the following factors must be considered in

  9  evaluating any physical, mental, or emotional injury to a

10  child: the age of the child; any prior history of injuries to

11  the child; the location of the injury on the body of the

12  child; the multiplicity of the injury; and the type of trauma

13  inflicted. Such injury includes, but is not limited to:

14         1.  Willful acts that produce the following specific

15  injuries:

16         a.  Sprains, dislocations, or cartilage damage.

17         b.  Bone or skull fractures.

18         c.  Brain or spinal cord damage.

19         d.  Intracranial hemorrhage or injury to other internal

20  organs.

21         e.  Asphyxiation, suffocation, or drowning.

22         f.  Injury resulting from the use of a deadly weapon.

23         g.  Burns or scalding.

24         h.  Cuts, lacerations, punctures, or bites.

25         i.  Permanent or temporary disfigurement.

26         j.  Permanent or temporary loss or impairment of a body

27  part or function.

28

29  As used in this subparagraph, the term "willful" refers to the

30  intent to perform an action, not to the intent to achieve a

31  result or to cause an injury.

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  1         2.  Purposely giving a child poison, alcohol, drugs, or

  2  other substances that substantially affect the child's

  3  behavior, motor coordination, or judgment or that result in

  4  sickness or internal injury.  For the purposes of this

  5  subparagraph, the term "drugs" means prescription drugs not

  6  prescribed for the child or not administered as prescribed,

  7  and controlled substances as outlined in Schedule I or

  8  Schedule II of s. 893.03.

  9         3.  Leaving a child without adult supervision or

10  arrangement appropriate for the child's age or mental or

11  physical condition, so that the child is unable to care for

12  the child's own needs or another's basic needs or is unable to

13  exercise good judgment in responding to any kind of physical

14  or emotional crisis.

15         4.  Inappropriate or excessively harsh disciplinary

16  action that is likely to result in physical injury, mental

17  injury as defined in this section, or emotional injury.  The

18  significance of any injury must be evaluated in light of the

19  following factors:  the age of the child; any prior history of

20  injuries to the child; the location of the injury on the body

21  of the child; the multiplicity of the injury; and the type of

22  trauma inflicted.  Corporal discipline may be considered

23  excessive or abusive when it results in any of the following

24  or other similar injuries:

25         a.  Sprains, dislocations, or cartilage damage.

26         b.  Bone or skull fractures.

27         c.  Brain or spinal cord damage.

28         d.  Intracranial hemorrhage or injury to other internal

29  organs.

30         e.  Asphyxiation, suffocation, or drowning.

31         f.  Injury resulting from the use of a deadly weapon.

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  1         g.  Burns or scalding.

  2         h.  Cuts, lacerations, punctures, or bites.

  3         i.  Permanent or temporary disfigurement.

  4         j.  Permanent or temporary loss or impairment of a body

  5  part or function.

  6         k.  Significant bruises or welts.

  7         (g)  Exposes a child to a controlled substance or

  8  alcohol. Exposure to a controlled substance or alcohol is

  9  established by:

10         1.  Use by the mother of a controlled substance or

11  alcohol during pregnancy when the child, at birth, is

12  demonstrably adversely affected by such usage; or

13         2.  Continued chronic and severe use of a controlled

14  substance or alcohol by a parent when the child is

15  demonstrably adversely affected by such usage.

16

17  As used in this paragraph, the term "controlled substance"

18  means prescription drugs not prescribed for the parent or not

19  administered as prescribed and controlled substances as

20  outlined in Schedule I or Schedule II of s. 893.03.

21         Section 3.  For the purpose of incorporating the

22  amendments to section 893.03, Florida Statutes, in references

23  thereto, paragraph (b) of subsection (11) of section 440.102,

24  Florida Statutes, is reenacted to read:

25         440.102  Drug-free workplace program requirements.--The

26  following provisions apply to a drug-free workplace program

27  implemented pursuant to law or to rules adopted by the Agency

28  for Health Care Administration:

29         (11)  PUBLIC EMPLOYEES IN SAFETY-SENSITIVE OR

30  SPECIAL-RISK POSITIONS.--

31

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  1         (b)  An employee who is employed by a public employer

  2  in a special-risk position may be discharged or disciplined by

  3  a public employer for the first positive confirmed test result

  4  if the drug confirmed is an illicit drug under s. 893.03. A

  5  special-risk employee who is participating in an employee

  6  assistance program or drug rehabilitation program may not be

  7  allowed to continue to work in any special-risk or

  8  safety-sensitive position of the public employer, but may be

  9  assigned to a position other than a safety-sensitive position

10  or placed on leave while the employee is participating in the

11  program. However, the employee shall be permitted to use any

12  accumulated annual leave credits before leave may be ordered

13  without pay.

14         Section 4.  For the purpose of incorporating the

15  amendments to section 893.03, Florida Statutes, in references

16  thereto, subsection (3) of section 458.326, Florida Statutes,

17  is reenacted to read:

18         458.326  Intractable pain; authorized treatment.--

19         (3)  Notwithstanding any other provision of law, a

20  physician may prescribe or administer any controlled substance

21  under Schedules II-V, as provided for in s. 893.03, to a

22  person for the treatment of intractable pain, provided the

23  physician does so in accordance with that level of care,

24  skill, and treatment recognized by a reasonably prudent

25  physician under similar conditions and circumstances.

26         Section 5.  For the purpose of incorporating the

27  amendments to section 893.03, Florida Statutes, in references

28  thereto, subsection (2) of section 465.035, Florida Statutes,

29  is reenacted to read:

30         465.035  Dispensing of medicinal drugs pursuant to

31  facsimile of prescription.--

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  1         (2)  Controlled substances listed in Schedule II as

  2  defined in s. 893.03(2) may be dispensed as provided in this

  3  section to the extent allowed by 21 C.F.R. s. 1306.11.

  4         Section 6.  For the purpose of incorporating the

  5  amendments to section 893.03, Florida Statutes, in references

  6  thereto, paragraph (a) of subsection (3) of section 766.101,

  7  Florida Statutes, 1998 Supplement, is reenacted to read:

  8         766.101  Medical review committee, immunity from

  9  liability.--

10         (3)(a)  There shall be no monetary liability on the

11  part of, and no cause of action for damages shall arise

12  against, any member of a duly appointed medical review

13  committee, or any health care provider furnishing any

14  information, including information concerning the prescribing

15  of substances listed in s. 893.03(2), to such committee, or

16  any person, including any person acting as a witness, incident

17  reporter to, or investigator for, a medical review committee,

18  for any act or proceeding undertaken or performed within the

19  scope of the functions of any such committee if the committee

20  member or health care provider acts without intentional fraud.

21         Section 7.  For the purpose of incorporating the

22  amendments to section 893.03, Florida Statutes, in references

23  thereto, section 817.563, Florida Statutes, is reenacted to

24  read:

25         817.563  Controlled substance named or described in s.

26  893.03; sale of substance in lieu thereof.--It is unlawful for

27  any person to agree, consent, or in any manner offer to

28  unlawfully sell to any person a controlled substance named or

29  described in s. 893.03 and then sell to such person any other

30  substance in lieu of such controlled substance. Any person who

31  violates this section with respect to:

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  1         (1)  A controlled substance named or described in s.

  2  893.03(1), (2), (3), or (4) is guilty of a felony of the third

  3  degree, punishable as provided in s. 775.082, s. 775.083, or

  4  s. 775.084.

  5         (2)  A controlled substance named or described in s.

  6  893.03(5) is guilty of a misdemeanor of the second degree,

  7  punishable as provided in s. 775.082 or s. 775.083.

  8         Section 8.  For the purpose of incorporating the

  9  amendments to section 893.03, Florida Statutes, in references

10  thereto, section 831.31, Florida Statutes, is reenacted to

11  read:

12         831.31  Counterfeit controlled substance; sale,

13  manufacture, delivery, or possession with intent to sell,

14  manufacture, or deliver.--

15         (1)  It is unlawful for any person to sell,

16  manufacture, or deliver, or to possess with intent to sell,

17  manufacture, or deliver, a counterfeit controlled substance.

18  Any person who violates this subsection with respect to:

19         (a)  A controlled substance named or described in s.

20  893.03(1), (2), (3), or (4) is guilty of a felony of the third

21  degree, punishable as provided in s. 775.082, s. 775.083, or

22  s. 775.084.

23         (b)  A controlled substance named or described in s.

24  893.03(5) is guilty of a misdemeanor of the second degree,

25  punishable as provided in s. 775.082 or s. 775.083.

26         (2)  For purposes of this section, "counterfeit

27  controlled substance" means:

28         (a)  A controlled substance named or described in s.

29  893.03 which, or the container or labeling of which, without

30  authorization bears the trademark, trade name, or other

31  identifying mark, imprint, or number, or any likeness thereof,

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  1  of a manufacturer other than the person who in fact

  2  manufactured the controlled substance; or

  3         (b)  Any substance which is falsely identified as a

  4  controlled substance named or described in s. 893.03.

  5         Section 9.  For the purpose of incorporating the

  6  amendments to section 893.03, Florida Statutes, in references

  7  thereto, paragraph (d) of subsection (1) of section 856.015,

  8  Florida Statutes, is reenacted to read:

  9         856.015  Open house parties.--

10         (1)  Definitions.--As used in this section:

11         (d)  "Drug" means a controlled substance, as that term

12  is defined in ss. 893.02(4) and 893.03.

13         Section 10.  For the purpose of incorporating the

14  amendments to section 893.03, Florida Statutes, in references

15  thereto, subsection (4) of section 893.02, Florida Statutes,

16  1998 Supplement, is reenacted to read:

17         893.02  Definitions.--The following words and phrases

18  as used in this chapter shall have the following meanings,

19  unless the context otherwise requires:

20         (4)  "Controlled substance" means any substance named

21  or described in Schedules I through V of s. 893.03.  Laws

22  controlling the manufacture, distribution, preparation,

23  dispensing, or administration of such substances are drug

24  abuse laws.

25         Section 11.  For the purpose of incorporating the

26  amendments to section 893.03, Florida Statutes, in references

27  thereto, paragraph (a) of subsection (2) of section 893.0356,

28  Florida Statutes, is reenacted to read:

29         893.0356  Control of new substances; findings of fact;

30  "controlled substance analog" defined.--

31

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  1         (2)(a)  As used in this section, "controlled substance

  2  analog" means a substance which, due to its chemical structure

  3  and potential for abuse, meets the following criteria:

  4         1.  Is substantially similar to that of a controlled

  5  substance listed in Schedule I or Schedule II of s. 893.03;

  6  and

  7         2.  Has a stimulant, depressant, or hallucinogenic

  8  effect on the central nervous system or is represented or

  9  intended to have a stimulant, depressant, or hallucinogenic

10  effect on the central nervous system substantially similar to

11  or greater than that of a controlled substance listed in

12  Schedule I or Schedule II of s. 893.03.

13         Section 12.  For the purpose of incorporating the

14  amendments to section 893.03, Florida Statutes, in references

15  thereto, paragraph (b) of subsection (1) of section 893.08,

16  Florida Statutes, is reenacted to read:

17         893.08  Exceptions.--

18         (1)  The following may be distributed at retail without

19  a prescription, but only by a registered pharmacist:

20         (b)  Any compound, mixture, or preparation containing

21  any depressant or stimulant substance described in s.

22  893.03(2)(a) or (c) except any amphetamine drug or

23  sympathomimetic amine drug or compound designated as a

24  Schedule II controlled substance pursuant to this chapter; in

25  s. 893.03(3)(a); or in Schedule IV, if:

26         1.  The compound, mixture, or preparation contains one

27  or more active medicinal ingredients not having depressant or

28  stimulant effect on the central nervous system, and

29         2.  Such ingredients are included therein in such

30  combinations, quantity, proportion, or concentration as to

31  vitiate the potential for abuse of the controlled substances

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  1  which do have a depressant or stimulant effect on the central

  2  nervous system.

  3         Section 13.  For the purpose of incorporating the

  4  amendments to section 893.03, Florida Statutes, in references

  5  thereto, paragraphs (b), (c), and (d) of subsection (2) of

  6  section 893.12, Florida Statutes, 1998 Supplement, are

  7  reenacted to read:

  8         893.12  Contraband; seizure, forfeiture, sale.--

  9         (2)

10         (b)  All real property, including any right, title,

11  leasehold interest, and other interest in the whole of any lot

12  or tract of land and any appurtenances or improvements, which

13  real property is used, or intended to be used, in any manner

14  or part, to commit or to facilitate the commission of, or

15  which real property is acquired with proceeds obtained as a

16  result of, a violation of any provision of this chapter

17  related to a controlled substance described in s. 893.03(1) or

18  (2) may be seized and forfeited as provided by the Florida

19  Contraband Forfeiture Act except that no property shall be

20  forfeited under this paragraph to the extent of an interest of

21  an owner or lienholder by reason of any act or omission

22  established by that owner or lienholder to have been committed

23  or omitted without the knowledge or consent of that owner or

24  lienholder.

25         (c)  All moneys, negotiable instruments, securities,

26  and other things of value furnished or intended to be

27  furnished by any person in exchange for a controlled substance

28  described in s. 893.03(1) or (2) or a listed chemical in

29  violation of any provision of this chapter, all proceeds

30  traceable to such an exchange, and all moneys, negotiable

31  instruments, and securities used or intended to be used to

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  1  facilitate any violation of any provision of this chapter or

  2  which are acquired with proceeds obtained in violation of any

  3  provision of this chapter may be seized and forfeited as

  4  provided by the Florida Contraband Forfeiture Act, except that

  5  no property shall be forfeited under this paragraph to the

  6  extent of an interest of an owner or lienholder by reason of

  7  any act or omission established by that owner or lienholder to

  8  have been committed or omitted without the knowledge or

  9  consent of that owner or lienholder.

10         (d)  All books, records, and research, including

11  formulas, microfilm, tapes, and data which are used, or

12  intended for use, or which are acquired with proceeds

13  obtained, in violation of any provision of this chapter

14  related to a controlled substance described in s. 893.03(1) or

15  (2) or a listed chemical may be seized and forfeited as

16  provided by the Florida Contraband Forfeiture Act.

17         Section 14.  For the purpose of incorporating the

18  amendments to section 893.03, Florida Statutes, in references

19  thereto, subsection (1), paragraph (a) of subsection (2),

20  subsection (4), paragraphs (a) and (b) of subsection (5), and

21  subsection (7) of section 893.13, Florida Statutes, 1998

22  Supplement, are reenacted to read:

23         893.13  Prohibited acts; penalties.--

24         (1)(a)  Except as authorized by this chapter and

25  chapter 499, it is unlawful for any person to sell,

26  manufacture, or deliver, or possess with intent to sell,

27  manufacture, or deliver, a controlled substance.  Any person

28  who violates this provision with respect to:

29         1.  A controlled substance named or described in s.

30  893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b) commits a

31

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  1  felony of the second degree, punishable as provided in s.

  2  775.082, s. 775.083, or s. 775.084.

  3         2.  A controlled substance named or described in s.

  4  893.03(1)(c), (2)(c), (3), or (4) commits a felony of the

  5  third degree, punishable as provided in s. 775.082, s.

  6  775.083, or s. 775.084.

  7         3.  A controlled substance named or described in s.

  8  893.03(5) commits a misdemeanor of the first degree,

  9  punishable as provided in s. 775.082 or s. 775.083.

10         (b)  Except as provided in this chapter, it is unlawful

11  to sell or deliver in excess of 10 grams of any substance

12  named or described in s. 893.03(1)(a) or (1)(b), or any

13  combination thereof, or any mixture containing any such

14  substance. Any person who violates this paragraph commits a

15  felony of the first degree, punishable as provided in s.

16  775.082, s. 775.083, or s. 775.084.

17         (c)  Except as authorized by this chapter, it is

18  unlawful for any person to sell, manufacture, or deliver, or

19  possess with intent to sell, manufacture, or deliver a

20  controlled substance in, on, or within 1,000 feet of the real

21  property comprising a child care facility as defined in s.

22  402.302 or a public or private elementary, middle, or

23  secondary school between the hours of 6 a.m. and 12 a.m.  Any

24  person who violates this paragraph with respect to:

25         1.  A controlled substance named or described in s.

26  893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b) commits a

27  felony of the first degree, punishable as provided in s.

28  775.082, s. 775.083, or s. 775.084. The defendant must be

29  sentenced to a minimum term of imprisonment of 3 calendar

30  years unless the offense was committed within 1,000 feet of

31

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  1  the real property comprising a child care facility as defined

  2  in s. 402.302.

  3         2.  A controlled substance named or described in s.

  4  893.03(1)(c), (2)(c), (3), or (4) commits a felony of the

  5  second degree, punishable as provided in s. 775.082, s.

  6  775.083, or s. 775.084.

  7         3.  Any other controlled substance, except as lawfully

  8  sold, manufactured, or delivered, must be sentenced to pay a

  9  $500 fine and to serve 100 hours of public service in addition

10  to any other penalty prescribed by law.

11         (d)  Except as authorized by this chapter, it is

12  unlawful for any person to sell, manufacture, or deliver, or

13  possess with intent to sell, manufacture, or deliver, a

14  controlled substance in, on, or within 200 feet of the real

15  property comprising a public or private college, university,

16  or other postsecondary educational institution, or within 200

17  feet of any public park. Any person who violates this

18  paragraph with respect to:

19         1.  A controlled substance named or described in s.

20  893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b) commits a

21  felony of the first degree, punishable as provided in s.

22  775.082, s. 775.083, or s. 775.084.

23         2.  A controlled substance named or described in s.

24  893.03(1)(c), (2)(c), (3), or (4) commits a felony of the

25  second degree, punishable as provided in s. 775.082, s.

26  775.083, or s. 775.084.

27         3.  Any other controlled substance, except as lawfully

28  sold, manufactured, or delivered, must be sentenced to pay a

29  $500 fine and to serve 100 hours of public service in addition

30  to any other penalty prescribed by law.

31

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  1         (e)  Except as authorized by this chapter, it is

  2  unlawful for any person to sell, manufacture, or deliver, or

  3  possess with intent to sell, manufacture, or deliver, a

  4  controlled substance not authorized by law in, on, or within

  5  1,000 feet of a physical place for worship at which a church

  6  or religious organization regularly conducts religious

  7  services or within 1,000 feet of a convenience business as

  8  defined in s. 812.171. Any person who violates this paragraph

  9  with respect to:

10         1.  A controlled substance named or described in s.

11  893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b) commits a

12  felony of the first degree, punishable as provided in s.

13  775.082, s. 775.083, or s. 775.084.

14         2.  A controlled substance named or described in s.

15  893.03(1)(c), (2)(c), (3), or (4) commits a felony of the

16  second degree, punishable as provided in s. 775.082, s.

17  775.083, or s. 775.084.

18         3.  Any other controlled substance, except as lawfully

19  sold, manufactured, or delivered, must be sentenced to pay a

20  $500 fine and to serve 100 hours of public service in addition

21  to any other penalty prescribed by law.

22         (f)  Except as authorized by this chapter, it is

23  unlawful for any person to sell, manufacture, or deliver, or

24  possess with intent to sell, manufacture, or deliver, a

25  controlled substance in, on, or within 200 feet of the real

26  property comprising a public housing facility at any time. For

27  purposes of this section, the term "real property comprising a

28  public housing facility" means real property, as defined in s.

29  421.03(12), of a public corporation created as a housing

30  authority pursuant to part I of chapter 421.  Any person who

31  violates this paragraph with respect to:

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  1         1.  A controlled substance named or described in s.

  2  893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b) commits a

  3  felony of the first degree, punishable as provided in s.

  4  775.082, s. 775.083, or s. 775.084.

  5         2.  A controlled substance named or described in s.

  6  893.03(1)(c), (2)(c), (3), or (4) commits a felony of the

  7  second degree, punishable as provided in s. 775.082, s.

  8  775.083, or s. 775.084.

  9         3.  Any other controlled substance, except as lawfully

10  sold, manufactured, or delivered, must be sentenced to pay a

11  $500 fine and to serve 100 hours of public service in addition

12  to any other penalty prescribed by law.

13         (2)

14         (a)  Except as authorized by this chapter and chapter

15  499, it is unlawful for any person to purchase, or possess

16  with intent to purchase, a controlled substance.  Any person

17  who violates this provision with respect to:

18         1.  A controlled substance named or described in s.

19  893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b) commits a

20  felony of the second degree, punishable as provided in s.

21  775.082, s. 775.083, or s. 775.084.

22         2.  A controlled substance named or described in s.

23  893.03(1)(c), (2)(c), (3), or (4) commits a felony of the

24  third degree, punishable as provided in s. 775.082, s.

25  775.083, or s. 775.084.

26         3.  A controlled substance named or described in s.

27  893.03(5) commits a misdemeanor of the first degree,

28  punishable as provided in s. 775.082 or s. 775.083.

29         (4)  Except as authorized by this chapter, it is

30  unlawful for any person 18 years of age or older to deliver

31  any controlled substance to a person under the age of 18

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  1  years, or to use or hire a person under the age of 18 years as

  2  an agent or employee in the sale or delivery of such a

  3  substance, or to use such person to assist in avoiding

  4  detection or apprehension for a violation of this chapter.

  5  Any person who violates this provision with respect to:

  6         (a)  A controlled substance named or described in s.

  7  893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b) commits a

  8  felony of the first degree, punishable as provided in s.

  9  775.082, s. 775.083, or s. 775.084.

10         (b)  A controlled substance named or described in s.

11  893.03(1)(c), (2)(c), (3), or (4) commits a felony of the

12  second degree, punishable as provided in s. 775.082, s.

13  775.083, or s. 775.084.

14

15  Imposition of sentence may not be suspended or deferred, nor

16  shall the person so convicted be placed on probation.

17         (5)  It is unlawful for any person to bring into this

18  state any controlled substance unless the possession of such

19  controlled substance is authorized by this chapter or unless

20  such person is licensed to do so by the appropriate federal

21  agency.  Any person who violates this provision with respect

22  to:

23         (a)  A controlled substance named or described in s.

24  893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b) commits a

25  felony of the second degree, punishable as provided in s.

26  775.082, s. 775.083, or s. 775.084.

27         (b)  A controlled substance named or described in s.

28  893.03(1)(c), (2)(c), (3), or (4) commits a felony of the

29  third degree, punishable as provided in s. 775.082, s.

30  775.083, or s. 775.084.

31         (7)(a)  It is unlawful for any person:

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  1         1.  To distribute or dispense a controlled substance in

  2  violation of this chapter.

  3         2.  To refuse or fail to make, keep, or furnish any

  4  record, notification, order form, statement, invoice, or

  5  information required under this chapter.

  6         3.  To refuse an entry into any premises for any

  7  inspection or to refuse to allow any inspection authorized by

  8  this chapter.

  9         4.  To distribute a controlled substance named or

10  described in s. 893.03(1) or (2) except pursuant to an order

11  form as required by s. 893.06.

12         5.  To keep or maintain any store, shop, warehouse,

13  dwelling, building, vehicle, boat, aircraft, or other

14  structure or place which is resorted to by persons using

15  controlled substances in violation of this chapter for the

16  purpose of using these substances, or which is used for

17  keeping or selling them in violation of this chapter.

18         6.  To use to his or her own personal advantage, or to

19  reveal, any information obtained in enforcement of this

20  chapter except in a prosecution or administrative hearing for

21  a violation of this chapter.

22         7.  To withhold information from a practitioner from

23  whom the person seeks to obtain a controlled substance or a

24  prescription for a controlled substance that the person has

25  received a controlled substance or a prescription for a

26  controlled substance of like therapeutic use from another

27  practitioner within the last 30 days.

28         8.  To possess a prescription form which has not been

29  completed and signed by the practitioner whose name appears

30  printed thereon, unless the person is that practitioner, is an

31  agent or employee of that practitioner, is a pharmacist, or is

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  1  a supplier of prescription forms who is authorized by that

  2  practitioner to possess those forms.

  3         9.  To acquire or obtain, or attempt to acquire or

  4  obtain, possession of a controlled substance by

  5  misrepresentation, fraud, forgery, deception, or subterfuge.

  6         10.  To affix any false or forged label to a package or

  7  receptacle containing a controlled substance.

  8         11.  To furnish false or fraudulent material

  9  information in, or omit any material information from, any

10  report or other document required to be kept or filed under

11  this chapter or any record required to be kept by this

12  chapter.

13         (b)  Any person who violates the provisions of

14  subparagraphs (a)1.-8. commits a misdemeanor of the first

15  degree, punishable as provided in s. 775.082 or s. 775.083;

16  except that, upon a second or subsequent violation, the person

17  commits a felony of the third degree, punishable as provided

18  in s. 775.082, s. 775.083, or s. 775.084.

19         (c)  Any person who violates the provisions of

20  subparagraphs (a)9.-11. commits a felony of the third degree,

21  punishable as provided in s. 775.082, s. 775.083, or s.

22  775.084.

23         Section 15.  For the purpose of incorporating the

24  amendments to section 893.03, Florida Statutes, in references

25  thereto, paragraphs (b), (c), (d), (e), and (g) of subsection

26  (3) of section 921.0022, Florida Statutes, 1998 Supplement,

27  are reenacted to read:

28         921.0022  Criminal Punishment Code; offense severity

29  ranking chart.--

30         (3)  OFFENSE SEVERITY RANKING CHART

31

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  1  Florida           Felony

  2  Statute           Degree             Description

  3

  4

  5                              (b)  LEVEL 2

  6  403.413(5)(c)      3rd      Dumps waste litter exceeding 500

  7                              lbs. in weight or 100 cubic feet

  8                              in volume or any quantity for

  9                              commercial purposes, or hazardous

10                              waste.

11  517.07             3rd      Registration of securities and

12                              furnishing of prospectus

13                              required.

14  590.28(1)          3rd      Willful, malicious, or

15                              intentional burning.

16  784.05(3)          3rd      Storing or leaving a loaded

17                              firearm within reach of minor who

18                              uses it to inflict injury or

19                              death.

20  787.04(1)          3rd      In violation of court order,

21                              take, entice, etc., minor beyond

22                              state limits.

23  806.13(1)(b)3.     3rd      Criminal mischief; damage $1,000

24                              or more to public communication

25                              or any other public service.

26  810.09(2)(e)       3rd      Trespassing on posted commerical

27                              horticulture property.

28  812.014(2)(c)1.    3rd      Grand theft, 3rd degree; $300 or

29                              more but less than $5,000.

30

31

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  1  812.014(2)(d)      3rd      Grand theft, 3rd degree; $100 or

  2                              more but less than $300, taken

  3                              from unenclosed curtilage of

  4                              dwelling.

  5  817.234(1)(a)2.    3rd      False statement in support of

  6                              insurance claim.

  7  817.481(3)(a)      3rd      Obtain credit or purchase with

  8                              false, expired, counterfeit,

  9                              etc., credit card, value over

10                              $300.

11  817.52(3)          3rd      Failure to redeliver hired

12                              vehicle.

13  817.54             3rd      With intent to defraud, obtain

14                              mortgage note, etc., by false

15                              representation.

16  817.60(5)          3rd      Dealing in credit cards of

17                              another.

18  817.60(6)(a)       3rd      Forgery; purchase goods, services

19                              with false card.

20  817.61             3rd      Fraudulent use of credit cards

21                              over $100 or more within 6

22                              months.

23  826.04             3rd      Knowingly marries or has sexual

24                              intercourse with person to whom

25                              related.

26  831.01             3rd      Forgery.

27  831.02             3rd      Uttering forged instrument;

28                              utters or publishes alteration

29                              with intent to defraud.

30  831.07             3rd      Forging bank bills or promissory

31                              note.

                                  31

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  1  831.08             3rd      Possession of 10 or more forged

  2                              notes.

  3  831.09             3rd      Uttering forged bills; passes as

  4                              bank bill or promissory note.

  5  832.05(3)(a)       3rd      Cashing or depositing item with

  6                              intent to defraud.

  7  843.08             3rd      Falsely impersonating an officer.

  8  893.13(2)(a)2.     3rd      Purchase of any s. 893.03(1)(c),

  9                              (2)(c), (3), or (4) drugs other

10                              than cannabis.

11  893.147(2)         3rd      Manufacture or delivery of drug

12                              paraphernalia.

13                              (c)  LEVEL 3

14  316.1935(2)        3rd      Fleeing or attempting to elude

15                              law enforcement officer in marked

16                              patrol vehicle with siren and

17                              lights activated.

18  319.30(4)          3rd      Possession by junkyard of motor

19                              vehicle with identification

20                              number plate removed.

21  319.33(1)(a)       3rd      Alter or forge any certificate of

22                              title to a motor vehicle or

23                              mobile home.

24  319.33(1)(c)       3rd      Procure or pass title on stolen

25                              vehicle.

26  319.33(4)          3rd      With intent to defraud, possess,

27                              sell, etc., a blank, forged, or

28                              unlawfully obtained title or

29                              registration.

30

31

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  1  328.05(2)          3rd      Possess, sell, or counterfeit

  2                              fictitious, stolen, or fraudulent

  3                              titles or bills of sale of

  4                              vessels.

  5  328.07(4)          3rd      Manufacture, exchange, or possess

  6                              vessel with counterfeit or wrong

  7                              ID number.

  8  376.302(5)         3rd      Fraud related to reimbursement

  9                              for cleanup expenses under the

10                              Inland Protection Trust Fund.

11  501.001(2)(b)      2nd      Tampers with a consumer product

12                              or the container using materially

13                              false/misleading information.

14  697.08             3rd      Equity skimming.

15  790.15(3)          3rd      Person directs another to

16                              discharge firearm from a vehicle.

17  796.05(1)          3rd      Live on earnings of a prostitute.

18  806.10(1)          3rd      Maliciously injure, destroy, or

19                              interfere with vehicles or

20                              equipment used in firefighting.

21  806.10(2)          3rd      Interferes with or assaults

22                              firefighter in performance of

23                              duty.

24  810.09(2)(c)       3rd      Trespass on property other than

25                              structure or conveyance armed

26                              with firearm or dangerous weapon.

27  812.014(2)(c)2.    3rd      Grand theft; $5,000 or more but

28                              less than $10,000.

29  815.04(4)(b)       2nd      Computer offense devised to

30                              defraud or obtain property.

31

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  1  817.034(4)(a)3.    3rd      Engages in scheme to defraud

  2                              (Florida Communications Fraud

  3                              Act), property valued at less

  4                              than $20,000.

  5  817.233            3rd      Burning to defraud insurer.

  6  828.12(2)          3rd      Tortures any animal with intent

  7                              to inflict intense pain, serious

  8                              physical injury, or death.

  9  831.29             2nd      Possession of instruments for

10                              counterfeiting drivers' licenses

11                              or identification cards.

12  838.021(3)(b)      3rd      Threatens unlawful harm to public

13                              servant.

14  843.19             3rd      Injure, disable, or kill police

15                              dog or horse.

16  870.01(2)          3rd      Riot; inciting or encouraging.

17  893.13(1)(a)2.     3rd      Sell, manufacture, or deliver

18                              cannabis (or other s.

19                              893.03(1)(c), (2)(c), (3), or (4)

20                              drugs).

21  893.13(1)(d)2.     2nd      Sell, manufacture, or deliver s.

22                              893.03(1)(c), (2)(c), (3), or (4)

23                              drugs within 200 feet of

24                              university or public park.

25  893.13(1)(f)2.     2nd      Sell, manufacture, or deliver s.

26                              893.03(1)(c), (2)(c), (3), or (4)

27                              drugs within 200 feet of public

28                              housing facility.

29  893.13(6)(a)       3rd      Possession of any controlled

30                              substance other than felony

31                              possession of cannabis.

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  1  893.13(7)(a)9.     3rd      Obtain or attempt to obtain

  2                              controlled substance by fraud,

  3                              forgery, misrepresentation, etc.

  4  893.13(7)(a)11.    3rd      Furnish false or fraudulent

  5                              material information on any

  6                              document or record required by

  7                              chapter 893.

  8  918.13(1)(a)       3rd      Alter, destroy, or conceal

  9                              investigation evidence.

10  944.47

11   (1)(a)1.-2.       3rd      Introduce contraband to

12                              correctional facility.

13  944.47(1)(c)       2nd      Possess contraband while upon the

14                              grounds of a correctional

15                              institution.

16  985.3141           3rd      Escapes from a juvenile facility

17                              (secure detention or residential

18                              commitment facility).

19                              (d)  LEVEL 4

20  316.1935(3)        2nd      Driving at high speed or with

21                              wanton disregard for safety while

22                              fleeing or attempting to elude

23                              law enforcement officer who is in

24                              a marked patrol vehicle with

25                              siren and lights activated.

26  784.07(2)(b)       3rd      Battery of law enforcement

27                              officer, firefighter, intake

28                              officer, etc.

29  784.075            3rd      Battery on detention or

30                              commitment facility staff.

31

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  1  784.08(2)(c)       3rd      Battery on a person 65 years of

  2                              age or older.

  3  784.081(3)         3rd      Battery on specified official or

  4                              employee.

  5  784.082(3)         3rd      Battery by detained person on

  6                              visitor or other detainee.

  7  784.083(3)         3rd      Battery on code inspector.

  8  787.03(1)          3rd      Interference with custody;

  9                              wrongly takes child from

10                              appointed guardian.

11  787.04(2)          3rd      Take, entice, or remove child

12                              beyond state limits with criminal

13                              intent pending custody

14                              proceedings.

15  787.04(3)          3rd      Carrying child beyond state lines

16                              with criminal intent to avoid

17                              producing child at custody

18                              hearing or delivering to

19                              designated person.

20  790.115(1)         3rd      Exhibiting firearm or weapon

21                              within 1,000 feet of a school.

22  790.115(2)(b)      3rd      Possessing electric weapon or

23                              device, destructive device, or

24                              other weapon on school property.

25  790.115(2)(c)      3rd      Possessing firearm on school

26                              property.

27  810.02(4)(a)       3rd      Burglary, or attempted burglary,

28                              of an unoccupied structure;

29                              unarmed; no assault or battery.

30

31

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  1  810.02(4)(b)       3rd      Burglary, or attempted burglary,

  2                              of an unoccupied conveyance;

  3                              unarmed; no assault or battery.

  4  810.06             3rd      Burglary; possession of tools.

  5  810.08(2)(c)       3rd      Trespass on property, armed with

  6                              firearm or dangerous weapon.

  7  812.014(2)(c)3.    3rd      Grand theft, 3rd degree $10,000

  8                              or more but less than $20,000.

  9  812.014

10   (2)(c)4.-10.      3rd      Grand theft, 3rd degree, a will,

11                              firearm, motor vehicle,

12                              livestock, etc.

13  817.563(1)         3rd      Sell or deliver substance other

14                              than controlled substance agreed

15                              upon, excluding s. 893.03(5)

16                              drugs.

17  828.125(1)         2nd      Kill, maim, or cause great bodily

18                              harm or permanent breeding

19                              disability to any registered

20                              horse or cattle.

21  837.02(1)          3rd      Perjury in official proceedings.

22  837.021(1)         3rd      Make contradictory statements in

23                              official proceedings.

24  843.025            3rd      Deprive law enforcement,

25                              correctional, or correctional

26                              probation officer of means of

27                              protection or communication.

28  843.15(1)(a)       3rd      Failure to appear while on bail

29                              for felony (bond estreature or

30                              bond jumping).

31

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  1  874.05(1)          3rd      Encouraging or recruiting another

  2                              to join a criminal street gang.

  3  893.13(2)(a)1.     2nd      Purchase of cocaine (or other s.

  4                              893.03(1)(a), (b), or (d), or

  5                              (2)(a) or (b) drugs).

  6  914.14(2)          3rd      Witnesses accepting bribes.

  7  914.22(1)          3rd      Force, threaten, etc., witness,

  8                              victim, or informant.

  9  914.23(2)          3rd      Retaliation against a witness,

10                              victim, or informant, no bodily

11                              injury.

12  918.12             3rd      Tampering with jurors.

13                              (e)  LEVEL 5

14  316.027(1)(a)      3rd      Accidents involving personal

15                              injuries, failure to stop;

16                              leaving scene.

17  316.1935(4)        2nd      Aggravated fleeing or eluding.

18  322.34(3)          3rd      Careless operation of motor

19                              vehicle with suspended license,

20                              resulting in death or serious

21                              bodily injury.

22  327.30(5)          3rd      Vessel accidents involving

23                              personal injury; leaving scene.

24  381.0041(11)(b)    3rd      Donate blood, plasma, or organs

25                              knowing HIV positive.

26  790.01(2)          3rd      Carrying a concealed firearm.

27  790.162            2nd      Threat to throw or discharge

28                              destructive device.

29  790.163            2nd      False report of deadly explosive.

30  790.165(2)         3rd      Manufacture, sell, possess, or

31                              deliver hoax bomb.

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  1  790.221(1)         2nd      Possession of short-barreled

  2                              shotgun or machine gun.

  3  790.23             2nd      Felons in possession of firearms

  4                              or electronic weapons or devices.

  5  806.111(1)         3rd      Possess, manufacture, or dispense

  6                              fire bomb with intent to damage

  7                              any structure or property.

  8  812.019(1)         2nd      Stolen property; dealing in or

  9                              trafficking in.

10  812.16(2)          3rd      Owning, operating, or conducting

11                              a chop shop.

12  817.034(4)(a)2.    2nd      Communications fraud, value

13                              $20,000 to $50,000.

14  825.1025(4)        3rd      Lewd or lascivious exhibition in

15                              the presence of an elderly person

16                              or disabled adult.

17  827.071(4)         2nd      Possess with intent to promote

18                              any photographic material, motion

19                              picture, etc., which includes

20                              sexual conduct by a child.

21  843.01             3rd      Resist officer with violence to

22                              person; resist arrest with

23                              violence.

24  874.05(2)          2nd      Encouraging or recruiting another

25                              to join a criminal street gang;

26                              second or subsequent offense.

27  893.13(1)(a)1.     2nd      Sell, manufacture, or deliver

28                              cocaine (or other s.

29                              893.03(1)(a), (1)(b), (1)(d),

30                              (2)(a), or (2)(b) drugs).

31

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  1  893.13(1)(c)2.     2nd      Sell, manufacture, or deliver

  2                              cannabis (or other s.

  3                              893.03(1)(c), (2)(c), (3), or (4)

  4                              drugs) within 1,000 feet of a

  5                              child care facility or school.

  6  893.13(1)(d)1.     1st      Sell, manufacture, or deliver

  7                              cocaine (or other s.

  8                              893.03(1)(a), (1)(b), (1)(d),

  9                              (2)(a), or (2)(b) drugs) within

10                              200 feet of university or public

11                              park.

12  893.13(1)(e)       2nd      Sell, manufacture, or deliver

13                              cannabis or other drug prohibited

14                              under s. 893.03(1)(c), (2)(c),

15                              (3), or (4) within 1,000 feet of

16                              property used for religious

17                              services or a specified business

18                              site.

19  893.13(1)(f)1.     1st      Sell, manufacture, or deliver

20                              cocaine (or other s.

21                              893.03(1)(a), (1)(b), (1)(d), or

22                              (2)(a), or (2)(b) drugs) within

23                              200 feet of public housing

24                              facility.

25  893.13(4)(b)       2nd      Deliver to minor cannabis (or

26                              other s. 893.03(1)(c), (2)(c),

27                              (3), or (4) drugs).

28                              (g)  LEVEL 7

29  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

30                              injury.

31

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  1  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

  2                              bodily injury.

  3  409.920(2)         3rd      Medicaid provider fraud.

  4  494.0018(2)        1st      Conviction of any violation of

  5                              ss. 494.001-494.0077 in which the

  6                              total money and property

  7                              unlawfully obtained exceeded

  8                              $50,000 and there were five or

  9                              more victims.

10  782.051(3)         2nd      Attempted felony murder of a

11                              person by a person other than the

12                              perpetrator or the perpetrator of

13                              an attempted felony.

14  782.07(1)          2nd      Killing of a human being by the

15                              act, procurement, or culpable

16                              negligence of another

17                              (manslaughter).

18  782.071            3rd      Killing of human being or viable

19                              fetus by the operation of a motor

20                              vehicle in a reckless manner

21                              (vehicular homicide).

22  782.072            3rd      Killing of a human being by the

23                              operation of a vessel in a

24                              reckless manner (vessel

25                              homicide).

26  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

27                              causing great bodily harm or

28                              disfigurement.

29  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

30                              weapon.

31

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  1  784.045(1)(b)      2nd      Aggravated battery; perpetrator

  2                              aware victim pregnant.

  3  784.048(4)         3rd      Aggravated stalking; violation of

  4                              injunction or court order.

  5  784.07(2)(d)       1st      Aggravated battery on law

  6                              enforcement officer.

  7  784.08(2)(a)       1st      Aggravated battery on a person 65

  8                              years of age or older.

  9  784.081(1)         1st      Aggravated battery on specified

10                              official or employee.

11  784.082(1)         1st      Aggravated battery by detained

12                              person on visitor or other

13                              detainee.

14  784.083(1)         1st      Aggravated battery on code

15                              inspector.

16  790.07(4)          1st      Specified weapons violation

17                              subsequent to previous conviction

18                              of s. 790.07(1) or (2).

19  790.16(1)          1st      Discharge of a machine gun under

20                              specified circumstances.

21  796.03             2nd      Procuring any person under 16

22                              years for prostitution.

23  800.04             2nd      Handle, fondle, or assault child

24                              under 16 years in lewd,

25                              lascivious, or indecent manner.

26  806.01(2)          2nd      Maliciously damage structure by

27                              fire or explosive.

28  810.02(3)(a)       2nd      Burglary of occupied dwelling;

29                              unarmed; no assault or battery.

30  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

31                              unarmed; no assault or battery.

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  1  810.02(3)(d)       2nd      Burglary of occupied conveyance;

  2                              unarmed; no assault or battery.

  3  812.014(2)(a)      1st      Property stolen, valued at

  4                              $100,000 or more; property stolen

  5                              while causing other property

  6                              damage; 1st degree grand theft.

  7  812.019(2)         1st      Stolen property; initiates,

  8                              organizes, plans, etc., the theft

  9                              of property and traffics in

10                              stolen property.

11  812.133(2)(b)      1st      Carjacking; no firearm, deadly

12                              weapon, or other weapon.

13  825.102(3)(b)      2nd      Neglecting an elderly person or

14                              disabled adult causing great

15                              bodily harm, disability, or

16                              disfigurement.

17  825.1025(2)        2nd      Lewd or lascivious battery upon

18                              an elderly person or disabled

19                              adult.

20  825.103(2)(b)      2nd      Exploiting an elderly person or

21                              disabled adult and property is

22                              valued at $20,000 or more, but

23                              less than $100,000.

24  827.03(3)(b)       2nd      Neglect of a child causing great

25                              bodily harm, disability, or

26                              disfigurement.

27  827.04(4)          3rd      Impregnation of a child under 16

28                              years of age by person 21 years

29                              of age or older.

30

31

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  1  837.05(2)          3rd      Giving false information about

  2                              alleged capital felony to a law

  3                              enforcement officer.

  4  872.06             2nd      Abuse of a dead human body.

  5  893.13(1)(c)1.     1st      Sell, manufacture, or deliver

  6                              cocaine (or other drug prohibited

  7                              under s. 893.03(1)(a), (1)(b),

  8                              (1)(d), (2)(a), or (2)(b)) within

  9                              1,000 feet of a child care

10                              facility or school.

11  893.13(1)(e)       1st      Sell, manufacture, or deliver

12                              cocaine or other drug prohibited

13                              under s. 893.03(1)(a), (1)(b),

14                              (1)(d), (2)(a), or (2)(b), within

15                              1,000 feet of property used for

16                              religious services or a specified

17                              business site.

18  893.13(4)(a)       1st      Deliver to minor cocaine (or

19                              other s. 893.03(1)(a), (1)(b),

20                              (1)(d), (2)(a), or (2)(b) drugs).

21  893.135(1)(a)1.    1st      Trafficking in cannabis, more

22                              than 50 lbs., less than 2,000

23                              lbs.

24  893.135

25   (1)(b)1.a.        1st      Trafficking in cocaine, more than

26                              28 grams, less than 200 grams.

27  893.135

28   (1)(c)1.a.        1st      Trafficking in illegal drugs,

29                              more than 4 grams, less than 14

30                              grams.

31

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  1  893.135

  2   (1)(d)1.          1st      Trafficking in phencyclidine,

  3                              more than 28 grams, less than 200

  4                              grams.

  5  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

  6                              than 200 grams, less than 5

  7                              kilograms.

  8  893.135(1)(f)1.    1st      Trafficking in amphetamine, more

  9                              than 14 grams, less than 28

10                              grams.

11  893.135

12   (1)(g)1.a.        1st      Trafficking in flunitrazepam, 4

13                              grams or more, less than 14

14                              grams.

15         Section 16.  Subsections (5) and (7) of section

16  893.035, Florida Statutes, are amended to read:

17         893.035  Control of new substances; findings of fact;

18  delegation of authority to Attorney General to control

19  substances by rule.--

20         (5)  Before initiating proceedings under subsection

21  (2), the Attorney General shall request from the Department of

22  Health Business and Professional Regulation and the Department

23  of Law Enforcement a medical and scientific evaluation of the

24  substance under consideration and a recommendation as to the

25  appropriate classification, if any, of such substance as a

26  controlled substance. In responding to this request, the

27  Department of Health Business and Professional Regulation and

28  the Department of Law Enforcement shall consider the factors

29  listed in subsection (4). The Department of Health Business

30  and Professional Regulation and the Department of Law

31  Enforcement shall respond to this request promptly and in

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  1  writing; however, their response is shall not be subject to

  2  the provisions of chapter 120. If both the Department of

  3  Health Business and Professional Regulation and the Department

  4  of Law Enforcement recommend that a substance not be

  5  controlled, the Attorney General shall not control that

  6  substance. If the Attorney General determines, based on the

  7  evaluations and recommendations of the Department of Health

  8  Business and Professional Regulation and the Department of Law

  9  Enforcement and all other available evidence, that there is

10  substantial evidence of potential for abuse, he or she shall

11  initiate proceedings under paragraph (2)(a) with respect to

12  that substance.

13         (7)(a)  If the Attorney General finds that the

14  scheduling of a substance in Schedule I of s. 893.03 on a

15  temporary basis is necessary to avoid an imminent hazard to

16  the public safety, he or she may by rule and without regard to

17  the requirements of subsection (5) relating to the Department

18  of Health Business and Professional Regulation and the

19  Department of Law Enforcement schedule such substance in

20  Schedule I if the substance is not listed in any other

21  schedule of s. 893.03. The Attorney General shall be required

22  to consider, with respect to his or her finding of imminent

23  hazard to the public safety, only those factors set forth in

24  paragraphs (3)(a) and (4)(d), (e), and (f), including actual

25  abuse, diversion from legitimate channels, and clandestine

26  importation, manufacture, or distribution.

27         (b)  The Attorney General may use emergency rulemaking

28  provisions under s. 120.54(4) in scheduling substances under

29  this subsection. Notwithstanding the provisions of s.

30  120.54(4)(c), any rule adopted under this subsection shall not

31  expire except as provided in subsection (9).

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  1         Section 17.  This act shall take effect July 1, 1999.

  2

  3          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  4                         Senate Bill 152

  5

  6  Changes the effective date of the act from October 1, 1999 to
    July 1, 1999.
  7

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