HB 39

1	A bill to be entitled
2	An act relating to controlled substances; amending s.
3	893.02, F.S.; defining the term "homologue" for purposes
4	of the Florida Comprehensive Drug Abuse Prevention and
5	Control Act; amending s. 893.03, F.S.; including certain
6	hallucinogenic substances on the list of controlled
7	substances in Schedule I; reenacting ss. 893.13(1), (2),
8	(4) and (5), 893.135(1)(l), and 921.0022(3)(b), (c), and
9	(e), F.S., relating to prohibited acts and penalties
10	regarding controlled substances and the offense severity
11	chart of the Criminal Punishment Code, to incorporate the
12	amendment to s. 893.03, F.S., in references thereto;
13	providing an effective date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1.  Present subsections (11) through (22) of
18	section 893.02, Florida Statutes, are redesignated as
19	subsections (12) through (23), respectively, and a new
20	subsection (11) is added to that section, to read:
21	893.02  Definitions.-The following words and phrases as
22	used in this chapter shall have the following meanings, unless
23	the context otherwise requires:
24	(11)  "Homologue" means a chemical compound in a series in
25	which each compound differs by one or more alkyl functional
26	groups on an alkyl side chain.
27	Section 2.  Paragraph (c) of subsection (1) of section
28	893.03, Florida Statutes, is amended to read:
29	893.03  Standards and schedules.-The substances enumerated
30	in this section are controlled by this chapter. The controlled
31	substances listed or to be listed in Schedules I, II, III, IV,
32	and V are included by whatever official, common, usual,
33	chemical, or trade name designated. The provisions of this
34	section shall not be construed to include within any of the
35	schedules contained in this section any excluded drugs listed
36	within the purview of 21 C.F.R. s. 1308.22, styled "Excluded
37	Substances"; 21 C.F.R. s. 1308.24, styled "Exempt Chemical
38	Preparations"; 21 C.F.R. s. 1308.32, styled "Exempted
39	Prescription Products"; or 21 C.F.R. s. 1308.34, styled "Exempt
40	Anabolic Steroid Products."
41	(1)  SCHEDULE I.-A substance in Schedule I has a high
42	potential for abuse and has no currently accepted medical use in
43	treatment in the United States and in its use under medical
44	supervision does not meet accepted safety standards. The
45	following substances are controlled in Schedule I:
46	(c)  Unless specifically excepted or unless listed in
47	another schedule, any material, compound, mixture, or
48	preparation which contains any quantity of the following
49	hallucinogenic substances or which contains any of their salts,
50	isomers, and salts of isomers, whenever the existence of such
51	salts, isomers, and salts of isomers is possible within the
52	specific chemical designation:
53	1.  Alpha-ethyltryptamine.
54	2.  2-Amino-4-methyl-5-phenyl-2-oxazoline (4-
55	methylaminorex).
56	3.  2-Amino-5-phenyl-2-oxazoline (Aminorex).
57	4.  4-Bromo-2,5-dimethoxyamphetamine.
58	5.  4-Bromo-2, 5-dimethoxyphenethylamine.
59	6.  Bufotenine.
60	7.  Cannabis.
61	8.  Cathinone.
62	9.  Diethyltryptamine.
63	10.  2,5-Dimethoxyamphetamine.
64	11.  2,5-Dimethoxy-4-ethylamphetamine (DOET).
65	12.  Dimethyltryptamine.
66	13.  N-Ethyl-1-phenylcyclohexylamine (PCE) (Ethylamine
67	analog of phencyclidine).
68	14.  N-Ethyl-3-piperidyl benzilate.
69	15.  N-ethylamphetamine.
70	16.  Fenethylline.
71	17.  N-Hydroxy-3,4-methylenedioxyamphetamine.
72	18.  Ibogaine.
73	19.  Lysergic acid diethylamide (LSD).
74	20.  Mescaline.
75	21.  Methcathinone.
76	22.  5-Methoxy-3,4-methylenedioxyamphetamine.
77	23.  4-methoxyamphetamine.
78	24.  4-methoxymethamphetamine.
79	25.  4-Methyl-2,5-dimethoxyamphetamine.
80	26.  3,4-Methylenedioxy-N-ethylamphetamine.
81	27.  3,4-Methylenedioxyamphetamine.
82	28.  N-Methyl-3-piperidyl benzilate.
83	29.  N,N-dimethylamphetamine.
84	30.  Parahexyl.
85	31.  Peyote.
86	32.  N-(1-Phenylcyclohexyl)-pyrrolidine (PCPY) (Pyrrolidine
87	analog of phencyclidine).
88	33.  Psilocybin.
89	34.  Psilocyn.
90	35.  Salvia divinorum, except for any drug product approved
91	by the United States Food and Drug Administration which contains
92	Salvia divinorum or its isomers, esters, ethers, salts, and
93	salts of isomers, esters, and ethers, whenever the existence of
94	such isomers, esters, ethers, and salts is possible within the
95	specific chemical designation.
96	36.  Salvinorin A, except for any drug product approved by
97	the United States Food and Drug Administration which contains
98	Salvinorin A or its isomers, esters, ethers, salts, and salts of
99	isomers, esters, and ethers, whenever the existence of such
100	isomers, esters, ethers, and salts is possible within the
101	specific chemical designation.
102	37.  Tetrahydrocannabinols.
103	38.  1-[1-(2-Thienyl)-cyclohexyl]-piperidine (TCP)
104	(Thiophene analog of phencyclidine).
105	39.  3,4,5-Trimethoxyamphetamine.
106	40.  2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-
107	yl)phenol, also known as CP 47,497 and its dimethyloctyl (C8)
108	homologue.
109	41.  (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-
110	methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo [c]chromen-1-ol,
111	also known as HU-210.
112	42.  1-Pentyl-3-(1-naphthoyl)indole, also known as JWH-018.
113	43.  1-Butyl-3-(1-naphthoyl)indole, also known as JWH-073.
114	Section 3.  For the purpose of incorporating the amendment
115	made by this act to section 893.03, Florida Statutes, in
116	references thereto, subsections (1), (2), (4), and (5) of
117	section 893.13, Florida Statutes, are reenacted to read:
118	893.13  Prohibited acts; penalties.-
119	(1)(a)  Except as authorized by this chapter and chapter
120	499, it is unlawful for any person to sell, manufacture, or
121	deliver, or possess with intent to sell, manufacture, or
122	deliver, a controlled substance. Any person who violates this
123	provision with respect to:
124	1.  A controlled substance named or described in s.
125	893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
126	commits a felony of the second degree, punishable as provided in
127	s. 775.082, s. 775.083, or s. 775.084.
128	2.  A controlled substance named or described in s.
129	893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
130	(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
131	the third degree, punishable as provided in s. 775.082, s.
132	775.083, or s. 775.084.
133	3.  A controlled substance named or described in s.
134	893.03(5) commits a misdemeanor of the first degree, punishable
135	as provided in s. 775.082 or s. 775.083.
136	(b)  Except as provided in this chapter, it is unlawful to
137	sell or deliver in excess of 10 grams of any substance named or
138	described in s. 893.03(1)(a) or (1)(b), or any combination
139	thereof, or any mixture containing any such substance. Any
140	person who violates this paragraph commits a felony of the first
141	degree, punishable as provided in s. 775.082, s. 775.083, or s.
142	775.084.
143	(c)  Except as authorized by this chapter, it is unlawful
144	for any person to sell, manufacture, or deliver, or possess with
145	intent to sell, manufacture, or deliver, a controlled substance
146	in, on, or within 1,000 feet of the real property comprising a
147	child care facility as defined in s. 402.302 or a public or
148	private elementary, middle, or secondary school between the
149	hours of 6 a.m. and 12 midnight, or at any time in, on, or
150	within 1,000 feet of real property comprising a state, county,
151	or municipal park, a community center, or a publicly owned
152	recreational facility. For the purposes of this paragraph, the
153	term "community center" means a facility operated by a nonprofit
154	community-based organization for the provision of recreational,
155	social, or educational services to the public. Any person who
156	violates this paragraph with respect to:
157	1.  A controlled substance named or described in s.
158	893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
159	commits a felony of the first degree, punishable as provided in
160	s. 775.082, s. 775.083, or s. 775.084. The defendant must be
161	sentenced to a minimum term of imprisonment of 3 calendar years
162	unless the offense was committed within 1,000 feet of the real
163	property comprising a child care facility as defined in s.
164	402.302.
165	2.  A controlled substance named or described in s.
166	893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
167	(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
168	the second degree, punishable as provided in s. 775.082, s.
169	775.083, or s. 775.084.
170	3.  Any other controlled substance, except as lawfully
171	sold, manufactured, or delivered, must be sentenced to pay a
172	$500 fine and to serve 100 hours of public service in addition
173	to any other penalty prescribed by law.
174
175	This paragraph does not apply to a child care facility unless
176	the owner or operator of the facility posts a sign that is not
177	less than 2 square feet in size with a word legend identifying
178	the facility as a licensed child care facility and that is
179	posted on the property of the child care facility in a
180	conspicuous place where the sign is reasonably visible to the
181	public.
182	(d)  Except as authorized by this chapter, it is unlawful
183	for any person to sell, manufacture, or deliver, or possess with
184	intent to sell, manufacture, or deliver, a controlled substance
185	in, on, or within 1,000 feet of the real property comprising a
186	public or private college, university, or other postsecondary
187	educational institution. Any person who violates this paragraph
188	with respect to:
189	1.  A controlled substance named or described in s.
190	893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
191	commits a felony of the first degree, punishable as provided in
192	s. 775.082, s. 775.083, or s. 775.084.
193	2.  A controlled substance named or described in s.
194	893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
195	(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
196	the second degree, punishable as provided in s. 775.082, s.
197	775.083, or s. 775.084.
198	3.  Any other controlled substance, except as lawfully
199	sold, manufactured, or delivered, must be sentenced to pay a
200	$500 fine and to serve 100 hours of public service in addition
201	to any other penalty prescribed by law.
202	(e)  Except as authorized by this chapter, it is unlawful
203	for any person to sell, manufacture, or deliver, or possess with
204	intent to sell, manufacture, or deliver, a controlled substance
205	not authorized by law in, on, or within 1,000 feet of a physical
206	place for worship at which a church or religious organization
207	regularly conducts religious services or within 1,000 feet of a
208	convenience business as defined in s. 812.171. Any person who
209	violates this paragraph with respect to:
210	1.  A controlled substance named or described in s.
211	893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
212	commits a felony of the first degree, punishable as provided in
213	s. 775.082, s. 775.083, or s. 775.084.
214	2.  A controlled substance named or described in s.
215	893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
216	(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
217	the second degree, punishable as provided in s. 775.082, s.
218	775.083, or s. 775.084.
219	3.  Any other controlled substance, except as lawfully
220	sold, manufactured, or delivered, must be sentenced to pay a
221	$500 fine and to serve 100 hours of public service in addition
222	to any other penalty prescribed by law.
223	(f)  Except as authorized by this chapter, it is unlawful
224	for any person to sell, manufacture, or deliver, or possess with
225	intent to sell, manufacture, or deliver, a controlled substance
226	in, on, or within 1,000 feet of the real property comprising a
227	public housing facility at any time. For purposes of this
228	section, the term "real property comprising a public housing
229	facility" means real property, as defined in s. 421.03(12), of a
230	public corporation created as a housing authority pursuant to
231	part I of chapter 421. Any person who violates this paragraph
232	with respect to:
233	1.  A controlled substance named or described in s.
234	893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
235	commits a felony of the first degree, punishable as provided in
236	s. 775.082, s. 775.083, or s. 775.084.
237	2.  A controlled substance named or described in s.
238	893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
239	(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
240	the second degree, punishable as provided in s. 775.082, s.
241	775.083, or s. 775.084.
242	3.  Any other controlled substance, except as lawfully
243	sold, manufactured, or delivered, must be sentenced to pay a
244	$500 fine and to serve 100 hours of public service in addition
245	to any other penalty prescribed by law.
246	(g)  Except as authorized by this chapter, it is unlawful
247	for any person to manufacture methamphetamine or phencyclidine,
248	or possess any listed chemical as defined in s. 893.033 in
249	violation of s. 893.149 and with intent to manufacture
250	methamphetamine or phencyclidine. If any person violates this
251	paragraph and:
252	1.  The commission or attempted commission of the crime
253	occurs in a structure or conveyance where any child under 16
254	years of age is present, the person commits a felony of the
255	first degree, punishable as provided in s. 775.082, s. 775.083,
256	or s. 775.084. In addition, the defendant must be sentenced to a
257	minimum term of imprisonment of 5 calendar years.
258	2.  The commission of the crime causes any child under 16
259	years of age to suffer great bodily harm, the person commits a
260	felony of the first degree, punishable as provided in s.
261	775.082, s. 775.083, or s. 775.084. In addition, the defendant
262	must be sentenced to a minimum term of imprisonment of 10
263	calendar years.
264	(h)  Except as authorized by this chapter, it is unlawful
265	for any person to sell, manufacture, or deliver, or possess with
266	intent to sell, manufacture, or deliver, a controlled substance
267	in, on, or within 1,000 feet of the real property comprising an
268	assisted living facility, as that term is used in chapter 429.
269	Any person who violates this paragraph with respect to:
270	1.  A controlled substance named or described in s.
271	893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
272	commits a felony of the first degree, punishable as provided in
273	s. 775.082, s. 775.083, or s. 775.084.
274	2.  A controlled substance named or described in s.
275	893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
276	(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
277	the second degree, punishable as provided in s. 775.082, s.
278	775.083, or s. 775.084.
279	(2)(a)  Except as authorized by this chapter and chapter
280	499, it is unlawful for any person to purchase, or possess with
281	intent to purchase, a controlled substance. Any person who
282	violates this provision with respect to:
283	1.  A controlled substance named or described in s.
284	893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
285	commits a felony of the second degree, punishable as provided in
286	s. 775.082, s. 775.083, or s. 775.084.
287	2.  A controlled substance named or described in s.
288	893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
289	(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
290	the third degree, punishable as provided in s. 775.082, s.
291	775.083, or s. 775.084.
292	3.  A controlled substance named or described in s.
293	893.03(5) commits a misdemeanor of the first degree, punishable
294	as provided in s. 775.082 or s. 775.083.
295	(b)  Except as provided in this chapter, it is unlawful to
296	purchase in excess of 10 grams of any substance named or
297	described in s. 893.03(1)(a) or (1)(b), or any combination
298	thereof, or any mixture containing any such substance. Any
299	person who violates this paragraph commits a felony of the first
300	degree, punishable as provided in s. 775.082, s. 775.083, or s.
301	775.084.
302	(4)  Except as authorized by this chapter, it is unlawful
303	for any person 18 years of age or older to deliver any
304	controlled substance to a person under the age of 18 years, or
305	to use or hire a person under the age of 18 years as an agent or
306	employee in the sale or delivery of such a substance, or to use
307	such person to assist in avoiding detection or apprehension for
308	a violation of this chapter. Any person who violates this
309	provision with respect to:
310	(a)  A controlled substance named or described in s.
311	893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
312	commits a felony of the first degree, punishable as provided in
313	s. 775.082, s. 775.083, or s. 775.084.
314	(b)  A controlled substance named or described in s.
315	893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
316	(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
317	the second degree, punishable as provided in s. 775.082, s.
318	775.083, or s. 775.084.
319
320	Imposition of sentence may not be suspended or deferred, nor
321	shall the person so convicted be placed on probation.
322	(5)  It is unlawful for any person to bring into this state
323	any controlled substance unless the possession of such
324	controlled substance is authorized by this chapter or unless
325	such person is licensed to do so by the appropriate federal
326	agency. Any person who violates this provision with respect to:
327	(a)  A controlled substance named or described in s.
328	893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
329	commits a felony of the second degree, punishable as provided in
330	s. 775.082, s. 775.083, or s. 775.084.
331	(b)  A controlled substance named or described in s.
332	893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
333	(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
334	the third degree, punishable as provided in s. 775.082, s.
335	775.083, or s. 775.084.
336	(c)  A controlled substance named or described in s.
337	893.03(5) commits a misdemeanor of the first degree, punishable
338	as provided in s. 775.082 or s. 775.083.
339	Section 4.  For the purpose of incorporating the amendment
340	made by this act to section 893.03, Florida Statutes, in
341	references thereto, paragraph (l) of subsection (1) of section
342	893.135, Florida Statutes, is reenacted to read:
343	893.135  Trafficking; mandatory sentences; suspension or
344	reduction of sentences; conspiracy to engage in trafficking.-
345	(1)  Except as authorized in this chapter or in chapter 499
346	and notwithstanding the provisions of s. 893.13:
347	(l)1.  Any person who knowingly sells, purchases,
348	manufactures, delivers, or brings into this state, or who is
349	knowingly in actual or constructive possession of, 1 gram or
350	more of lysergic acid diethylamide (LSD) as described in s.
351	893.03(1)(c), or of any mixture containing lysergic acid
352	diethylamide (LSD), commits a felony of the first degree, which
353	felony shall be known as "trafficking in lysergic acid
354	diethylamide (LSD)," punishable as provided in s. 775.082, s.
355	775.083, or s. 775.084. If the quantity involved:
356	a.  Is 1 gram or more, but less than 5 grams, such person
357	shall be sentenced to a mandatory minimum term of imprisonment
358	of 3 years, and the defendant shall be ordered to pay a fine of
359	$50,000.
360	b.  Is 5 grams or more, but less than 7 grams, such person
361	shall be sentenced to a mandatory minimum term of imprisonment
362	of 7 years, and the defendant shall be ordered to pay a fine of
363	$100,000.
364	c.  Is 7 grams or more, such person shall be sentenced to a
365	mandatory minimum term of imprisonment of 15 calendar years and
366	pay a fine of $500,000.
367	2.  Any person who knowingly manufactures or brings into
368	this state 7 grams or more of lysergic acid diethylamide (LSD)
369	as described in s. 893.03(1)(c), or any mixture containing
370	lysergic acid diethylamide (LSD), and who knows that the
371	probable result of such manufacture or importation would be the
372	death of any person commits capital manufacture or importation
373	of lysergic acid diethylamide (LSD), a capital felony punishable
374	as provided in ss. 775.082 and 921.142. Any person sentenced for
375	a capital felony under this paragraph shall also be sentenced to
376	pay the maximum fine provided under subparagraph 1.
377	Section 5.  For the purpose of incorporating the amendment
378	made by this act to section 893.03, Florida Statutes, in
379	references thereto, paragraphs (b), (c), and (e) of subsection
380	(3) of section 921.0022, Florida Statutes, are reenacted to
381	read:
382	921.0022  Criminal Punishment Code; offense severity
383	ranking chart.-
384	(3)  OFFENSE SEVERITY RANKING CHART
385	(b)  LEVEL 2
386
	FloridaStatute FelonyDegree Description
387
	379.2431(1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
388
	379.2431(1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
389
	403.413(5)(c) 3rd Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste.
390
	517.07 3rd Registration of securities and furnishing of prospectus required.
391
	590.28(1) 3rd Intentional burning of lands.
392
	784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
393
	787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
394
	806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
395
	810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
396
	810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
397
	812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or more but less than $5,000.
398
	812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.
399
	812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
400
	817.234(1)(a)2. 3rd False statement in support of insurance claim.
401
	817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
402
	817.52(3) 3rd Failure to redeliver hired vehicle.
403
	817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
404
	817.60(5) 3rd Dealing in credit cards of another.
405
	817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
406
	817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
407
	826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
408
	831.01 3rd Forgery.
409
	831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
410
	831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
411
	831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
412
	831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
413
	831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
414
	832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
415
	843.08 3rd Falsely impersonating an officer.
416
	893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs other than cannabis.
417
	893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
418
419	(c)  LEVEL 3
420
	FloridaStatute FelonyDegree Description
421
	119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
422
	316.066 (4)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
423
	316.193(2)(b) 3rd Felony DUI, 3rd conviction.
424
	316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
425
	319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
426
	319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
427
	319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
428
	319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
429
	327.35(2)(b) 3rd Felony BUI.
430
	328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
431
	328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
432
	376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
433
	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.
434
	379.2431(1)(e)6. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
435
	400.9935(4) 3rd Operating a clinic without a license or filing false license application or other required information.
436
	440.1051(3) 3rd False report of workers' compensation fraud or retaliation for making such a report.
437
	501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
438
	624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
439
	624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
440
	626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
441
	697.08 3rd Equity skimming.
442
	790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
443
	796.05(1) 3rd Live on earnings of a prostitute.
444
	806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
445
	806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
446
	810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
447
	812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
448
	812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
449
	815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
450
	817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
451
	817.233 3rd Burning to defraud insurer.
452
	817.234(8)(b)-(c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
453
	817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
454
	817.236 3rd Filing a false motor vehicle insurance application.
455
	817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
456
	817.413(2) 3rd Sale of used goods as new.
457
	817.505(4) 3rd Patient brokering.
458
	828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
459
	831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
460
	831.29 2nd Possession of instruments for counterfeiting drivers' licenses or identification cards.
461
	838.021(3)(b) 3rd Threatens unlawful harm to public servant.
462
	843.19 3rd Injure, disable, or kill police dog or horse.
463
	860.15(3) 3rd Overcharging for repairs and parts.
464
	870.01(2) 3rd Riot; inciting or encouraging.
465
	893.13(1)(a)2. 3rd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
466
	893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of university.
467
	893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of public housing facility.
468
	893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
469
	893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
470
	893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
471
	893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
472
	893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
473
	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.
474
	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.
475
	893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
476
	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.
477
	918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
478
	944.47(1)(a)1.-2. 3rd Introduce contraband to correctional facility.
479
	944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
480
	985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
481
482	(e)  LEVEL 5
483
	FloridaStatute FelonyDegree Description
484
	316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
485
	316.1935(4)(a) 2nd Aggravated fleeing or eluding.
486
	322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
487
	327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
488
	381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
489
	440.10(1)(g) 2nd Failure to obtain workers' compensation coverage.
490
	440.105(5) 2nd Unlawful solicitation for the purpose of making workers' compensation claims.
491
	440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers' compensation premiums.
492
	624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
493
	626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
494
	790.01(2) 3rd Carrying a concealed firearm.
495
	790.162 2nd Threat to throw or discharge destructive device.
496
	790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
497
	790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
498
	790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
499
	800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
500
	800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years or older.
501
	806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
502
	812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
503
	812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
504
	812.019(1) 2nd Stolen property; dealing in or trafficking in.
505
	812.131(2)(b) 3rd Robbery by sudden snatching.
506
	812.16(2) 3rd Owning, operating, or conducting a chop shop.
507
	817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
508
	817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
509
	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.
510
	817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more individuals.
511
	817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
512
	825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
513
	827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
514
	827.071(5) 3rd Possess any photographic material, motion picture, etc., which includes sexual conduct by a child.
515
	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.
516
	843.01 3rd Resist officer with violence to person; resist arrest with violence.
517
	847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
518
	847.0137(2) & (3) 3rd Transmission of pornography by electronic device or equipment.
519
	847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
520
	874.05(2) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
521
	893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
522
	893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
523
	893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university.
524
	893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
525
	893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of public housing facility.
526
	893.13(4)(b) 2nd Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
527
	893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
528
529	Section 6.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.