Florida Senate - 2011 COMMITTEE AMENDMENT
Bill No. SB 794
Barcode 878468
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/28/2011 .
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The Committee on Criminal Justice (Margolis) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (i) is added to subsection (1) of
6 section 893.13, Florida Statutes, to read:
7 893.13 Prohibited acts; penalties.—
8 (1)
9 (i) Except as authorized by this chapter, it is unlawful
10 for any person to sell, manufacture, or deliver, or possess with
11 intent to sell, manufacture, or deliver, a controlled substance
12 in, on, or within 1,000 feet of the real property comprising a
13 homeless shelter. As used in this paragraph, the term “homeless
14 shelter” means a supervised publicly or privately operated
15 shelter designed to provide temporary living accommodations for
16 persons who otherwise lack a fixed, regular, and adequate
17 nighttime residence. Any person who violates this paragraph with
18 respect to:
19 1. A controlled substance named or described in s.
20 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
21 commits a felony of the first degree, punishable as provided in
22 s. 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)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
25 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
26 the second degree, punishable as provided in s. 775.082, s.
27 775.083, or s. 775.084.
28 Section 2. Paragraphs (c) and (e) of subsection (3) of
29 section 921.0022, Florida Statutes, are amended to read
30 921.0022 Criminal Punishment Code; offense severity ranking
31 chart.—
32 (3) OFFENSE SEVERITY RANKING CHART
33 (c) LEVEL 3
34 FloridaStatute FelonyDegree Description
35 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
36 316.066 (4)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
37 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
38 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
39 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
40 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
41 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
42 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
43 327.35(2)(b) 3rd Felony BUI.
44 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
45 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
46 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
47 379.2431 (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.
48 379.2431 (1)(e)6. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
49 400.9935(4) 3rd Operating a clinic without a license or filing false license application or other required information.
50 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
51 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
52 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
53 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
54 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
55 697.08 3rd Equity skimming.
56 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
57 796.05(1) 3rd Live on earnings of a prostitute.
58 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
59 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
60 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
61 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
62 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
63 815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
64 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
65 817.233 3rd Burning to defraud insurer.
66 817.234 (8)(b)-(c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
67 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
68 817.236 3rd Filing a false motor vehicle insurance application.
69 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
70 817.413(2) 3rd Sale of used goods as new.
71 817.505(4) 3rd Patient brokering.
72 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
73 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
74 831.29 2nd Possession of instruments for counterfeiting drivers’ licenses or identification cards.
75 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
76 843.19 3rd Injure, disable, or kill police dog or horse.
77 860.15(3) 3rd Overcharging for repairs and parts.
78 870.01(2) 3rd Riot; inciting or encouraging.
79 893.13(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).
80 893.13(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.
81 893.13(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.
82 893.13(1)(i)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 homeless shelter.
83 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
84 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
85 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
86 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
87 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
88 893.13(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.
89 893.13(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.
90 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
91 893.13(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.
92 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
93 944.47 (1)(a)1.-2. 3rd Introduce contraband to correctional facility.
94 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
95 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
96 (e) LEVEL 5
97 FloridaStatute FelonyDegree Description
98 316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
99 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
100 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
101 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
102 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
103 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
104 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
105 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
106 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
107 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
108 790.01(2) 3rd Carrying a concealed firearm.
109 790.162 2nd Threat to throw or discharge destructive device.
110 790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
111 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
112 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
113 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
114 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years or older.
115 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
116 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
117 812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
118 812.019(1) 2nd Stolen property; dealing in or trafficking in.
119 812.131(2)(b) 3rd Robbery by sudden snatching.
120 812.16(2) 3rd Owning, operating, or conducting a chop shop.
121 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
122 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
123 817.2341(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.
124 817.568(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.
125 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
126 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
127 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
128 827.071(5) 3rd Possess any photographic material, motion picture, etc., which includes sexual conduct by a child.
129 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
130 843.01 3rd Resist officer with violence to person; resist arrest with violence.
131 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
132 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
133 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
134 874.05(2) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
135 893.13(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).
136 893.13(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.
137 893.13(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.
138 893.13(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.
139 893.13(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.
140 893.13(1)(i)1. 1st Sell, manufacture, or deliver s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs within 1,000 feet of homeless shelter.
141 893.13(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).
142 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
143 Section 3. This act shall take effect July 1, 2011.
144
145 ================= T I T L E A M E N D M E N T ================
146 And the title is amended as follows:
147 Delete everything before the enacting clause
148 and insert:
149 A bill to be entitled
150 An act relating to controlled substances; amending s.
151 893.13, F.S.; prohibiting specified offenses within
152 1,000 feet of the real property comprising a homeless
153 shelter; defining the term “homeless shelter”;
154 providing criminal penalties; amending s. 921.0022,
155 F.S.; ranking offenses on the offense severity ranking
156 chart of the Criminal Punishment Code; providing an
157 effective date.