CS/CS/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; amending s. 893.13, F.S.;
8	providing that it is a misdemeanor of the first degree to
9	be in possession of not more than a specified amount of
10	certain hallucinogenic substances; providing an exception
11	for the powdered form of such substances; reenacting ss.
12	893.13(1), (2), (4), and (5), 893.135(1)(l), and
13	921.0022(3)(b), (c), and (e), F.S., relating to prohibited
14	acts and penalties regarding controlled substances and the
15	offense severity chart of the Criminal Punishment Code, to
16	incorporate the amendment to s. 893.03, F.S., in
17	references thereto; providing an effective date.
18
19	Be It Enacted by the Legislature of the State of Florida:
20
21	Section 1.  Present subsections (11) through (22) of
22	section 893.02, Florida Statutes, are redesignated as
23	subsections (12) through (23), respectively, and a new
24	subsection (11) is added to that section, to read:
25	893.02  Definitions.-The following words and phrases as
26	used in this chapter shall have the following meanings, unless
27	the context otherwise requires:
28	(11)  "Homologue" means a chemical compound in a series in
29	which each compound differs by one or more alkyl functional
30	groups on an alkyl side chain.
31	Section 2.  Paragraph (c) of subsection (1) of section
32	893.03, Florida Statutes, is amended to read:
33	893.03  Standards and schedules.-The substances enumerated
34	in this section are controlled by this chapter. The controlled
35	substances listed or to be listed in Schedules I, II, III, IV,
36	and V are included by whatever official, common, usual,
37	chemical, or trade name designated. The provisions of this
38	section shall not be construed to include within any of the
39	schedules contained in this section any excluded drugs listed
40	within the purview of 21 C.F.R. s. 1308.22, styled "Excluded
41	Substances"; 21 C.F.R. s. 1308.24, styled "Exempt Chemical
42	Preparations"; 21 C.F.R. s. 1308.32, styled "Exempted
43	Prescription Products"; or 21 C.F.R. s. 1308.34, styled "Exempt
44	Anabolic Steroid Products."
45	(1)  SCHEDULE I.-A substance in Schedule I has a high
46	potential for abuse and has no currently accepted medical use in
47	treatment in the United States and in its use under medical
48	supervision does not meet accepted safety standards. The
49	following substances are controlled in Schedule I:
50	(c)  Unless specifically excepted or unless listed in
51	another schedule, any material, compound, mixture, or
52	preparation which contains any quantity of the following
53	hallucinogenic substances or which contains any of their salts,
54	isomers, and salts of isomers, whenever the existence of such
55	salts, isomers, and salts of isomers is possible within the
56	specific chemical designation:
57	1.  Alpha-ethyltryptamine.
58	2.  2-Amino-4-methyl-5-phenyl-2-oxazoline (4-
59	methylaminorex).
60	3.  2-Amino-5-phenyl-2-oxazoline (Aminorex).
61	4.  4-Bromo-2,5-dimethoxyamphetamine.
62	5.  4-Bromo-2, 5-dimethoxyphenethylamine.
63	6.  Bufotenine.
64	7.  Cannabis.
65	8.  Cathinone.
66	9.  Diethyltryptamine.
67	10.  2,5-Dimethoxyamphetamine.
68	11.  2,5-Dimethoxy-4-ethylamphetamine (DOET).
69	12.  Dimethyltryptamine.
70	13.  N-Ethyl-1-phenylcyclohexylamine (PCE) (Ethylamine
71	analog of phencyclidine).
72	14.  N-Ethyl-3-piperidyl benzilate.
73	15.  N-ethylamphetamine.
74	16.  Fenethylline.
75	17.  N-Hydroxy-3,4-methylenedioxyamphetamine.
76	18.  Ibogaine.
77	19.  Lysergic acid diethylamide (LSD).
78	20.  Mescaline.
79	21.  Methcathinone.
80	22.  5-Methoxy-3,4-methylenedioxyamphetamine.
81	23.  4-methoxyamphetamine.
82	24.  4-methoxymethamphetamine.
83	25.  4-Methyl-2,5-dimethoxyamphetamine.
84	26.  3,4-Methylenedioxy-N-ethylamphetamine.
85	27.  3,4-Methylenedioxyamphetamine.
86	28.  N-Methyl-3-piperidyl benzilate.
87	29.  N,N-dimethylamphetamine.
88	30.  Parahexyl.
89	31.  Peyote.
90	32.  N-(1-Phenylcyclohexyl)-pyrrolidine (PCPY) (Pyrrolidine
91	analog of phencyclidine).
92	33.  Psilocybin.
93	34.  Psilocyn.
94	35.  Salvia divinorum, except for any drug product approved
95	by the United States Food and Drug Administration which contains
96	Salvia divinorum or its isomers, esters, ethers, salts, and
97	salts of isomers, esters, and ethers, whenever the existence of
98	such isomers, esters, ethers, and salts is possible within the
99	specific chemical designation.
100	36.  Salvinorin A, except for any drug product approved by
101	the United States Food and Drug Administration which contains
102	Salvinorin A or its isomers, esters, ethers, salts, and salts of
103	isomers, esters, and ethers, whenever the existence of such
104	isomers, esters, ethers, and salts is possible within the
105	specific chemical designation.
106	37.  Tetrahydrocannabinols.
107	38.  1-[1-(2-Thienyl)-cyclohexyl]-piperidine (TCP)
108	(Thiophene analog of phencyclidine).
109	39.  3,4,5-Trimethoxyamphetamine.
110	40.  2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-
111	yl)phenol, also known as CP 47,497 and its dimethyloctyl (C8)
112	homologue.
113	41.  (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-
114	methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo [c]chromen-1-ol,
115	also known as HU-210.
116	42.  1-Pentyl-3-(1-naphthoyl)indole, also known as JWH-018.
117	43.  1-Butyl-3-(1-naphthoyl)indole, also known as JWH-073.
118	44.  1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl) indole,
119	also known as JWH-200.
120	Section 3.  Subsection (6) of section 893.13, Florida
121	Statutes, is amended to read:
122	893.13  Prohibited acts; penalties.-
123	(6)(a)  It is unlawful for any person to be in actual or
124	constructive possession of a controlled substance unless such
125	controlled substance was lawfully obtained from a practitioner
126	or pursuant to a valid prescription or order of a practitioner
127	while acting in the course of his or her professional practice
128	or to be in actual or constructive possession of a controlled
129	substance except as otherwise authorized by this chapter. Any
130	person who violates this provision commits a felony of the third
131	degree, punishable as provided in s. 775.082, s. 775.083, or s.
132	775.084.
133	(b)  If the offense is the possession of not more than 20
134	grams of cannabis, as defined in this chapter, or 3 grams or
135	less of a controlled substance described in s. 893.03(1)(c)40.-
136	44., the person commits a misdemeanor of the first degree,
137	punishable as provided in s. 775.082 or s. 775.083. For the
138	purposes of this subsection, "cannabis" does not include the
139	resin extracted from the plants of the genus Cannabis, or any
140	compound manufacture, salt, derivative, mixture, or preparation
141	of such resin, and a controlled substance described in s.
142	893.03(1)(c)40.-44. does not include the substance in a powdered
143	form.
144	(c)  Except as provided in this chapter, it is unlawful to
145	possess in excess of 10 grams of any substance named or
146	described in s. 893.03(1)(a) or (1)(b), or any combination
147	thereof, or any mixture containing any such substance. Any
148	person who violates this paragraph commits a felony of the first
149	degree, punishable as provided in s. 775.082, s. 775.083, or s.
150	775.084.
151	(d)  Notwithstanding any provision to the contrary of the
152	laws of this state relating to arrest, a law enforcement officer
153	may arrest without warrant any person who the officer has
154	probable cause to believe is violating the provisions of this
155	chapter relating to possession of cannabis.
156	Section 4.  For the purpose of incorporating the amendment
157	made by this act to section 893.03, Florida Statutes, in
158	references thereto, subsections (1), (2), (4), and (5) of
159	section 893.13, Florida Statutes, are reenacted to read:
160	893.13  Prohibited acts; penalties.-
161	(1)(a)  Except as authorized by this chapter and chapter
162	499, it is unlawful for any person to sell, manufacture, or
163	deliver, or possess with intent to sell, manufacture, or
164	deliver, a controlled substance. Any person who violates this
165	provision with respect to:
166	1.  A controlled substance named or described in s.
167	893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
168	commits a felony of the second degree, punishable as provided in
169	s. 775.082, s. 775.083, or s. 775.084.
170	2.  A controlled substance named or described in s.
171	893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
172	(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
173	the third degree, punishable as provided in s. 775.082, s.
174	775.083, or s. 775.084.
175	3.  A controlled substance named or described in s.
176	893.03(5) commits a misdemeanor of the first degree, punishable
177	as provided in s. 775.082 or s. 775.083.
178	(b)  Except as provided in this chapter, it is unlawful to
179	sell or deliver in excess of 10 grams of any substance named or
180	described in s. 893.03(1)(a) or (1)(b), or any combination
181	thereof, or any mixture containing any such substance. Any
182	person who violates this paragraph commits a felony of the first
183	degree, punishable as provided in s. 775.082, s. 775.083, or s.
184	775.084.
185	(c)  Except as authorized by this chapter, it is unlawful
186	for any person to sell, manufacture, or deliver, or possess with
187	intent to sell, manufacture, or deliver, a controlled substance
188	in, on, or within 1,000 feet of the real property comprising a
189	child care facility as defined in s. 402.302 or a public or
190	private elementary, middle, or secondary school between the
191	hours of 6 a.m. and 12 midnight, or at any time in, on, or
192	within 1,000 feet of real property comprising a state, county,
193	or municipal park, a community center, or a publicly owned
194	recreational facility. For the purposes of this paragraph, the
195	term "community center" means a facility operated by a nonprofit
196	community-based organization for the provision of recreational,
197	social, or educational services to the public. Any person who
198	violates this paragraph with respect to:
199	1.  A controlled substance named or described in s.
200	893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
201	commits a felony of the first degree, punishable as provided in
202	s. 775.082, s. 775.083, or s. 775.084. The defendant must be
203	sentenced to a minimum term of imprisonment of 3 calendar years
204	unless the offense was committed within 1,000 feet of the real
205	property comprising a child care facility as defined in s.
206	402.302.
207	2.  A controlled substance named or described in s.
208	893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
209	(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
210	the second degree, punishable as provided in s. 775.082, s.
211	775.083, or s. 775.084.
212	3.  Any other controlled substance, except as lawfully
213	sold, manufactured, or delivered, must be sentenced to pay a
214	$500 fine and to serve 100 hours of public service in addition
215	to any other penalty prescribed by law.
216
217	This paragraph does not apply to a child care facility unless
218	the owner or operator of the facility posts a sign that is not
219	less than 2 square feet in size with a word legend identifying
220	the facility as a licensed child care facility and that is
221	posted on the property of the child care facility in a
222	conspicuous place where the sign is reasonably visible to the
223	public.
224	(d)  Except as authorized by this chapter, it is unlawful
225	for any person to sell, manufacture, or deliver, or possess with
226	intent to sell, manufacture, or deliver, a controlled substance
227	in, on, or within 1,000 feet of the real property comprising a
228	public or private college, university, or other postsecondary
229	educational institution. Any person who violates this paragraph
230	with respect to:
231	1.  A controlled substance named or described in s.
232	893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
233	commits a felony of the first degree, punishable as provided in
234	s. 775.082, s. 775.083, or s. 775.084.
235	2.  A controlled substance named or described in s.
236	893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
237	(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
238	the second degree, punishable as provided in s. 775.082, s.
239	775.083, or s. 775.084.
240	3.  Any other controlled substance, except as lawfully
241	sold, manufactured, or delivered, must be sentenced to pay a
242	$500 fine and to serve 100 hours of public service in addition
243	to any other penalty prescribed by law.
244	(e)  Except as authorized by this chapter, it is unlawful
245	for any person to sell, manufacture, or deliver, or possess with
246	intent to sell, manufacture, or deliver, a controlled substance
247	not authorized by law in, on, or within 1,000 feet of a physical
248	place for worship at which a church or religious organization
249	regularly conducts religious services or within 1,000 feet of a
250	convenience business as defined in s. 812.171. Any person who
251	violates this paragraph with respect to:
252	1.  A controlled substance named or described in s.
253	893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
254	commits a felony of the first degree, punishable as provided in
255	s. 775.082, s. 775.083, or s. 775.084.
256	2.  A controlled substance named or described in s.
257	893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
258	(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
259	the second degree, punishable as provided in s. 775.082, s.
260	775.083, or s. 775.084.
261	3.  Any other controlled substance, except as lawfully
262	sold, manufactured, or delivered, must be sentenced to pay a
263	$500 fine and to serve 100 hours of public service in addition
264	to any other penalty prescribed by law.
265	(f)  Except as authorized by this chapter, it is unlawful
266	for any person to sell, manufacture, or deliver, or possess with
267	intent to sell, manufacture, or deliver, a controlled substance
268	in, on, or within 1,000 feet of the real property comprising a
269	public housing facility at any time. For purposes of this
270	section, the term "real property comprising a public housing
271	facility" means real property, as defined in s. 421.03(12), of a
272	public corporation created as a housing authority pursuant to
273	part I of chapter 421. Any person who violates this paragraph
274	with respect to:
275	1.  A controlled substance named or described in s.
276	893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
277	commits a felony of the first degree, punishable as provided in
278	s. 775.082, s. 775.083, or s. 775.084.
279	2.  A controlled substance named or described in s.
280	893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
281	(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
282	the second degree, punishable as provided in s. 775.082, s.
283	775.083, or s. 775.084.
284	3.  Any other controlled substance, except as lawfully
285	sold, manufactured, or delivered, must be sentenced to pay a
286	$500 fine and to serve 100 hours of public service in addition
287	to any other penalty prescribed by law.
288	(g)  Except as authorized by this chapter, it is unlawful
289	for any person to manufacture methamphetamine or phencyclidine,
290	or possess any listed chemical as defined in s. 893.033 in
291	violation of s. 893.149 and with intent to manufacture
292	methamphetamine or phencyclidine. If any person violates this
293	paragraph and:
294	1.  The commission or attempted commission of the crime
295	occurs in a structure or conveyance where any child under 16
296	years of age is present, the person commits a felony of the
297	first degree, punishable as provided in s. 775.082, s. 775.083,
298	or s. 775.084. In addition, the defendant must be sentenced to a
299	minimum term of imprisonment of 5 calendar years.
300	2.  The commission of the crime causes any child under 16
301	years of age to suffer great bodily harm, the person commits a
302	felony of the first degree, punishable as provided in s.
303	775.082, s. 775.083, or s. 775.084. In addition, the defendant
304	must be sentenced to a minimum term of imprisonment of 10
305	calendar years.
306	(h)  Except as authorized by this chapter, it is unlawful
307	for any person to sell, manufacture, or deliver, or possess with
308	intent to sell, manufacture, or deliver, a controlled substance
309	in, on, or within 1,000 feet of the real property comprising an
310	assisted living facility, as that term is used in chapter 429.
311	Any person who violates this paragraph with respect to:
312	1.  A controlled substance named or described in s.
313	893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
314	commits a felony of the first degree, punishable as provided in
315	s. 775.082, s. 775.083, or s. 775.084.
316	2.  A controlled substance named or described in s.
317	893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
318	(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
319	the second degree, punishable as provided in s. 775.082, s.
320	775.083, or s. 775.084.
321	(2)(a)  Except as authorized by this chapter and chapter
322	499, it is unlawful for any person to purchase, or possess with
323	intent to purchase, a controlled substance. Any person who
324	violates this provision with respect to:
325	1.  A controlled substance named or described in s.
326	893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
327	commits a felony of the second degree, punishable as provided in
328	s. 775.082, s. 775.083, or s. 775.084.
329	2.  A controlled substance named or described in s.
330	893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
331	(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
332	the third degree, punishable as provided in s. 775.082, s.
333	775.083, or s. 775.084.
334	3.  A controlled substance named or described in s.
335	893.03(5) commits a misdemeanor of the first degree, punishable
336	as provided in s. 775.082 or s. 775.083.
337	(b)  Except as provided in this chapter, it is unlawful to
338	purchase in excess of 10 grams of any substance named or
339	described in s. 893.03(1)(a) or (1)(b), or any combination
340	thereof, or any mixture containing any such substance. Any
341	person who violates this paragraph commits a felony of the first
342	degree, punishable as provided in s. 775.082, s. 775.083, or s.
343	775.084.
344	(4)  Except as authorized by this chapter, it is unlawful
345	for any person 18 years of age or older to deliver any
346	controlled substance to a person under the age of 18 years, or
347	to use or hire a person under the age of 18 years as an agent or
348	employee in the sale or delivery of such a substance, or to use
349	such person to assist in avoiding detection or apprehension for
350	a violation of this chapter. Any person who violates this
351	provision with respect to:
352	(a)  A controlled substance named or described in s.
353	893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
354	commits a felony of the first degree, punishable as provided in
355	s. 775.082, s. 775.083, or s. 775.084.
356	(b)  A controlled substance named or described in s.
357	893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
358	(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
359	the second degree, punishable as provided in s. 775.082, s.
360	775.083, or s. 775.084.
361
362	Imposition of sentence may not be suspended or deferred, nor
363	shall the person so convicted be placed on probation.
364	(5)  It is unlawful for any person to bring into this state
365	any controlled substance unless the possession of such
366	controlled substance is authorized by this chapter or unless
367	such person is licensed to do so by the appropriate federal
368	agency. Any person who violates this provision with respect to:
369	(a)  A controlled substance named or described in s.
370	893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
371	commits a felony of the second degree, punishable as provided in
372	s. 775.082, s. 775.083, or s. 775.084.
373	(b)  A controlled substance named or described in s.
374	893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
375	(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
376	the third degree, punishable as provided in s. 775.082, s.
377	775.083, or s. 775.084.
378	(c)  A controlled substance named or described in s.
379	893.03(5) commits a misdemeanor of the first degree, punishable
380	as provided in s. 775.082 or s. 775.083.
381	Section 5.  For the purpose of incorporating the amendment
382	made by this act to section 893.03, Florida Statutes, in
383	references thereto, paragraph (l) of subsection (1) of section
384	893.135, Florida Statutes, is reenacted to read:
385	893.135  Trafficking; mandatory sentences; suspension or
386	reduction of sentences; conspiracy to engage in trafficking.-
387	(1)  Except as authorized in this chapter or in chapter 499
388	and notwithstanding the provisions of s. 893.13:
389	(l)1.  Any person who knowingly sells, purchases,
390	manufactures, delivers, or brings into this state, or who is
391	knowingly in actual or constructive possession of, 1 gram or
392	more of lysergic acid diethylamide (LSD) as described in s.
393	893.03(1)(c), or of any mixture containing lysergic acid
394	diethylamide (LSD), commits a felony of the first degree, which
395	felony shall be known as "trafficking in lysergic acid
396	diethylamide (LSD)," punishable as provided in s. 775.082, s.
397	775.083, or s. 775.084. If the quantity involved:
398	a.  Is 1 gram or more, but less than 5 grams, such person
399	shall be sentenced to a mandatory minimum term of imprisonment
400	of 3 years, and the defendant shall be ordered to pay a fine of
401	$50,000.
402	b.  Is 5 grams or more, but less than 7 grams, such person
403	shall be sentenced to a mandatory minimum term of imprisonment
404	of 7 years, and the defendant shall be ordered to pay a fine of
405	$100,000.
406	c.  Is 7 grams or more, such person shall be sentenced to a
407	mandatory minimum term of imprisonment of 15 calendar years and
408	pay a fine of $500,000.
409	2.  Any person who knowingly manufactures or brings into
410	this state 7 grams or more of lysergic acid diethylamide (LSD)
411	as described in s. 893.03(1)(c), or any mixture containing
412	lysergic acid diethylamide (LSD), and who knows that the
413	probable result of such manufacture or importation would be the
414	death of any person commits capital manufacture or importation
415	of lysergic acid diethylamide (LSD), a capital felony punishable
416	as provided in ss. 775.082 and 921.142. Any person sentenced for
417	a capital felony under this paragraph shall also be sentenced to
418	pay the maximum fine provided under subparagraph 1.
419	Section 6.  For the purpose of incorporating the amendment
420	made by this act to section 893.03, Florida Statutes, in
421	references thereto, paragraphs (b), (c), and (e) of subsection
422	(3) of section 921.0022, Florida Statutes, are reenacted to
423	read:
424	921.0022  Criminal Punishment Code; offense severity
425	ranking chart.-
426	(3)  OFFENSE SEVERITY RANKING CHART
427	(b)  LEVEL 2
428
	FloridaStatute FelonyDegree Description
429
	379.2431(1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
430
	379.2431(1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
431
	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.
432
	517.07 3rd Registration of securities and furnishing of prospectus required.
433
	590.28(1) 3rd Intentional burning of lands.
434
	784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
435
	787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
436
	806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
437
	810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
438
	810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
439
	812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or more but less than $5,000.
440
	812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.
441
	812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
442
	817.234(1)(a)2. 3rd False statement in support of insurance claim.
443
	817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
444
	817.52(3) 3rd Failure to redeliver hired vehicle.
445
	817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
446
	817.60(5) 3rd Dealing in credit cards of another.
447
	817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
448
	817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
449
	826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
450
	831.01 3rd Forgery.
451
	831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
452
	831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
453
	831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
454
	831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
455
	831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
456
	832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
457
	843.08 3rd Falsely impersonating an officer.
458
	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.
459
	893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
460
461	(c)  LEVEL 3
462
	FloridaStatute FelonyDegree Description
463
	119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
464
	316.066  (4)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
465
	316.193(2)(b) 3rd Felony DUI, 3rd conviction.
466
	316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
467
	319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
468
	319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
469
	319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
470
	319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
471
	327.35(2)(b) 3rd Felony BUI.
472
	328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
473
	328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
474
	376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
475
	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.
476
	379.2431(1)(e)6. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
477
	400.9935(4) 3rd Operating a clinic without a license or filing false license application or other required information.
478
	440.1051(3) 3rd False report of workers' compensation fraud or retaliation for making such a report.
479
	501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
480
	624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
481
	624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
482
	626.902(1)(a) &  (b) 3rd Representing an unauthorized insurer.
483
	697.08 3rd Equity skimming.
484
	790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
485
	796.05(1) 3rd Live on earnings of a prostitute.
486
	806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
487
	806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
488
	810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
489
	812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
490
	812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
491
	815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
492
	817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
493
	817.233 3rd Burning to defraud insurer.
494
	817.234(8)(b)-(c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
495
	817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
496
	817.236 3rd Filing a false motor vehicle insurance application.
497
	817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
498
	817.413(2) 3rd Sale of used goods as new.
499
	817.505(4) 3rd Patient brokering.
500
	828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
501
	831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
502
	831.29 2nd Possession of instruments for counterfeiting drivers' licenses or identification cards.
503
	838.021(3)(b) 3rd Threatens unlawful harm to public servant.
504
	843.19 3rd Injure, disable, or kill police dog or horse.
505
	860.15(3) 3rd Overcharging for repairs and parts.
506
	870.01(2) 3rd Riot; inciting or encouraging.
507
	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).
508
	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.
509
	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.
510
	893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
511
	893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
512
	893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
513
	893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
514
	893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
515
	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.
516
	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.
517
	893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
518
	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.
519
	918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
520
	944.47(1)(a)1.-2. 3rd Introduce contraband to correctional facility.
521
	944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
522
	985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
523
524	(e)  LEVEL 5
525
	FloridaStatute FelonyDegree Description
526
	316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
527
	316.1935(4)(a) 2nd Aggravated fleeing or eluding.
528
	322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
529
	327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
530
	381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
531
	440.10(1)(g) 2nd Failure to obtain workers' compensation coverage.
532
	440.105(5) 2nd Unlawful solicitation for the purpose of making workers' compensation claims.
533
	440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers' compensation premiums.
534
	624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
535
	626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
536
	790.01(2) 3rd Carrying a concealed firearm.
537
	790.162 2nd Threat to throw or discharge destructive device.
538
	790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
539
	790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
540
	790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
541
	800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
542
	800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years or older.
543
	806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
544
	812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
545
	812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
546
	812.019(1) 2nd Stolen property; dealing in or trafficking in.
547
	812.131(2)(b) 3rd Robbery by sudden snatching.
548
	812.16(2) 3rd Owning, operating, or conducting a chop shop.
549
	817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
550
	817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
551
	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.
552
	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.
553
	817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
554
	825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
555
	827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
556
	827.071(5) 3rd Possess any photographic material, motion picture, etc., which includes sexual conduct by a child.
557
	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.
558
	843.01 3rd Resist officer with violence to person; resist arrest with violence.
559
	847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
560
	847.0137(2) & (3) 3rd Transmission of pornography by electronic device or equipment.
561
	847.0138  (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
562
	874.05(2) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
563
	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).
564
	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.
565
	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.
566
	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.
567
	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.
568
	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).
569
	893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
570
571	Section 7.  This act shall take effect July 1, 2011.

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