Florida Senate - 2012                             CS for SB 1502
       
       
       
       By the Committee on Criminal Justice; and Senator Evers
       
       
       
       
       591-02726-12                                          20121502c1
    1                        A bill to be entitled                      
    2         An act relating to controlled substances; amending s.
    3         893.03, F.S.; adding to the list of Schedule I
    4         controlled substances certain specified materials,
    5         compounds, mixtures, or preparations that contain
    6         hallucinogenic substances or that contain any of these
    7         substances’ salts, isomers, and salts of isomers, if
    8         the existence of such salts, isomers, and salts of
    9         isomers is possible within the specific chemical
   10         designation; reenacting ss. 893.13(1)-(6) and
   11         921.0022(3)(b)-(e), F.S., relating to prohibited acts
   12         involving controlled substances and the Criminal
   13         Punishment Code, respectively, to incorporate the
   14         amendments made to s. 893.03, F.S., in references
   15         thereto; amending s. 893.13, F.S.; providing that it
   16         is a misdemeanor of the first degree to possess
   17         specified amounts of certain synthetic cannabinoids in
   18         nonpowdered form; providing an effective date.
   19  
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Paragraph (c) of subsection (1) of section
   23  893.03, Florida Statutes, is amended to read:
   24         893.03 Standards and schedules.—The substances enumerated
   25  in this section are controlled by this chapter. The controlled
   26  substances listed or to be listed in Schedules I, II, III, IV,
   27  and V are included by whatever official, common, usual,
   28  chemical, or trade name designated. The provisions of this
   29  section shall not be construed to include within any of the
   30  schedules contained in this section any excluded drugs listed
   31  within the purview of 21 C.F.R. s. 1308.22, styled “Excluded
   32  Substances”; 21 C.F.R. s. 1308.24, styled “Exempt Chemical
   33  Preparations”; 21 C.F.R. s. 1308.32, styled “Exempted
   34  Prescription Products”; or 21 C.F.R. s. 1308.34, styled “Exempt
   35  Anabolic Steroid Products.”
   36         (1) SCHEDULE I.—A substance in Schedule I has a high
   37  potential for abuse and has no currently accepted medical use in
   38  treatment in the United States and in its use under medical
   39  supervision does not meet accepted safety standards. The
   40  following substances are controlled in Schedule I:
   41         (c) Unless specifically excepted or unless listed in
   42  another schedule, any material, compound, mixture, or
   43  preparation that which contains any quantity of the following
   44  hallucinogenic substances or that which contains any of their
   45  salts, isomers, and salts of isomers, if whenever the existence
   46  of such salts, isomers, and salts of isomers is possible within
   47  the specific chemical designation:
   48         1. Alpha-ethyltryptamine.
   49         2. 2-Amino-4-methyl-5-phenyl-2-oxazoline (4
   50  methylaminorex).
   51         3. 2-Amino-5-phenyl-2-oxazoline (Aminorex).
   52         4. 4-Bromo-2,5-dimethoxyamphetamine.
   53         5. 4-Bromo-2, 5-dimethoxyphenethylamine.
   54         6. Bufotenine.
   55         7. Cannabis.
   56         8. Cathinone.
   57         9. Diethyltryptamine.
   58         10. 2,5-Dimethoxyamphetamine.
   59         11. 2,5-Dimethoxy-4-ethylamphetamine (DOET).
   60         12. Dimethyltryptamine.
   61         13. N-Ethyl-1-phenylcyclohexylamine (PCE) (Ethylamine
   62  analog of phencyclidine).
   63         14. N-Ethyl-3-piperidyl benzilate.
   64         15. N-ethylamphetamine.
   65         16. Fenethylline.
   66         17. N-Hydroxy-3,4-methylenedioxyamphetamine.
   67         18. Ibogaine.
   68         19. Lysergic acid diethylamide (LSD).
   69         20. Mescaline.
   70         21. Methcathinone.
   71         22. 5-Methoxy-3,4-methylenedioxyamphetamine.
   72         23. 4-methoxyamphetamine.
   73         24. 4-methoxymethamphetamine.
   74         25. 4-Methyl-2,5-dimethoxyamphetamine.
   75         26. 3,4-Methylenedioxy-N-ethylamphetamine.
   76         27. 3,4-Methylenedioxyamphetamine.
   77         28. N-Methyl-3-piperidyl benzilate.
   78         29. N,N-dimethylamphetamine.
   79         30. Parahexyl.
   80         31. Peyote.
   81         32. N-(1-Phenylcyclohexyl)-pyrrolidine (PCPY) (Pyrrolidine
   82  analog of phencyclidine).
   83         33. Psilocybin.
   84         34. Psilocyn.
   85         35. Salvia divinorum, except for any drug product approved
   86  by the United States Food and Drug Administration which contains
   87  Salvia divinorum or its isomers, esters, ethers, salts, and
   88  salts of isomers, esters, and ethers, if whenever the existence
   89  of such isomers, esters, ethers, and salts is possible within
   90  the specific chemical designation.
   91         36. Salvinorin A, except for any drug product approved by
   92  the United States Food and Drug Administration which contains
   93  Salvinorin A or its isomers, esters, ethers, salts, and salts of
   94  isomers, esters, and ethers, if whenever the existence of such
   95  isomers, esters, ethers, and salts is possible within the
   96  specific chemical designation.
   97         37. Tetrahydrocannabinols.
   98         38. 1-[1-(2-Thienyl)-cyclohexyl]-piperidine (TCP)
   99  (Thiophene analog of phencyclidine).
  100         39. 3,4,5-Trimethoxyamphetamine.
  101         40. 3,4-Methylenedioxymethcathinone.
  102         41. 3,4-Methylenedioxypyrovalerone (MDPV).
  103         42. Methylmethcathinone.
  104         43. Methoxymethcathinone.
  105         44. Fluoromethcathinone.
  106         45. Methylethcathinone.
  107         46. 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2
  108  yl)phenol, also known as CP 47,497 and its dimethyloctyl (C8)
  109  homologue.
  110         47. (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2
  111  methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo [c]chromen-1-ol,
  112  also known as HU-210.
  113         48. 1-Pentyl-3-(1-naphthoyl)indole, also known as JWH-018.
  114         49. 1-Butyl-3-(1-naphthoyl)indole, also known as JWH-073.
  115         50. 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl) indole, also
  116  known as JWH-200.
  117         51. BZP (Benzylpiperazine).
  118         52. Fluorophenylpiperazine.
  119         53. Methylphenylpiperazine.
  120         54. Chlorophenylpiperazine.
  121         55. Methoxyphenylpiperazine.
  122         56. DBZP (1,4-dibenzylpiperazine).
  123         57. TFMPP (3-Trifluoromethylphenylpiperazine).
  124         58. MBDB (Methylbenzodioxolylbutanamine).
  125         59. 5-Hydroxy-alpha-methyltryptamine.
  126         60. 5-Hydroxy-N-methyltryptamine.
  127         61. 5-Methoxy-N-methyl-N-isopropyltryptamine.
  128         62. 5-Methoxy-alpha-methyltryptamine.
  129         63. Methyltryptamine.
  130         64. 5-Methoxy-N,N-dimethyltryptamine.
  131         65. 5-Methyl-N,N-dimethyltryptamine.
  132         66. Tyramine (4-Hydroxyphenethylamine).
  133         67. 5-Methoxy-N,N-Diisopropyltryptamine.
  134         68. DiPT (N,N-Diisopropyltryptamine).
  135         69. DPT (N,N-Dipropyltryptamine).
  136         70. 4-Hydroxy-N,N-diisopropyltryptamine.
  137         71. Methoxytryptamine.
  138         72. DOI (4-Iodo-2,5-dimethoxyamphetamine).
  139         73. DOC (4-Chloro-2,5-dimethoxyamphetamine).
  140         74. 2C-E (4-Ethyl-2,5-dimethoxyphenethylamine).
  141         75. 2C-T-4 (2,5-Dimethoxy-4-isopropylthiophenethylamine).
  142         76. 2C-C (4-Chloro-2,5-dimethoxyphenethylamine).
  143         77. 2C-T (2,5-Dimethoxy-4-methylthiophenethylamine).
  144         78. 2C-T-2 (2,5-Dimethoxy-4-ethylthiophenethylamine).
  145         79. 2C-T-7 (2,5-Dimethoxy-4-propylthiophenethylamine).
  146         80. 2C-I (4-Iodo-2,5-dimethoxyphenethylamine).
  147         81. Butylone (beta-keto-N-methylbenzodioxolylpropylamine).
  148         82. Ethcathinone.
  149         83. Ethylone (3,4-methylenedioxy-N-ethylcathinone).
  150         84. Naphyrone (naphthylpyrovalerone).
  151         85. N-N-Dimethyl-3,4-methylenedioxycathinone.
  152         86. N-N-Diethyl-3,4-methylenedioxycathinone.
  153         87. 3,4-methylenedioxy-propiophenone.
  154         88. 2-Bromo-3,4-Methylenedioxypropiophenone.
  155         89. 3,4-methylenedioxy-propiophenone-2-oxime.
  156         90. N-Acetyl-3,4-methylenedioxycathinone.
  157         91. N-Acetyl-N-Methyl-3,4-Methylenedioxycathinone.
  158         92. N-Acetyl-N-Ethyl-3,4-Methylenedioxycathinone.
  159         93. Bromomethcathinone.
  160         94. Buphedrone (alpha-methylamino-butyrophenone).
  161         95. Eutylone (beta-Keto-Ethylbenzodioxolylbutanamine).
  162         96. Dimethylcathinone.
  163         97. Dimethylmethcathinone.
  164         98. Pentylone (beta-Keto-Methylbenzodioxolylpentanamine).
  165         99. (MDPPP) 3,4-Methylenedioxy-alpha
  166  pyrrolidinopropiophenone.
  167         100. (MDPBP) 3,4-Methylenedioxy-alpha
  168  pyrrolidinobutiophenone.
  169         101. Methoxypyrrolidinopropiophenone (MOPPP).
  170         102. Methylpyrrolidinohexiophenone (MPHP).
  171         103. Benzocyclidine (BCP) or
  172  benzothiophenylcyclohexylpiperidine (BTCP).
  173         104. Fluoromethylaminobutyrophenone (F-MABP).
  174         105. Methoxypyrrolidinobutyrophenone (MeO-PBP).
  175         106. Ethylpyrrolidinobutyrophenone (Et-PBP).
  176         107. 3-Methyl-4-Methoxymethcathinone (3-Me-4-MeO-MCAT).
  177         108. Methylethylaminobutyrophenone (Me-EABP).
  178         109. Methylaminobutyrophenone (MABP).
  179         110. Pyrrolidinopropiophenone.
  180         111.Pyrrolidinobutiophenone (PBP).
  181         112. Pyrrolidinovalerophenone (PVP).
  182         113. Methylpyrrolidinopropiophenone (MPPP).
  183         114. JWH-007 (1-pentyl-2-methyl-3-(1-naphthoyl)indole).
  184         115. JWH-015 (2-Methyl-1-propyl-1H-indol-3-yl)-1
  185  naphthalenylmethanone).
  186         116. JWH-019 (Naphthanlen-1-yl-(1-pentylindol-3
  187  yl)methanone).
  188         117. JWH-020 (1-heptyl-3-(1-naphthoyl)indole).
  189         118. JWH-072 (Naphthalen-1-yl-(1-propyl-1H-indol-3
  190  yl)methanone).
  191         119. JWH-081 (4-methoxynaphthalen-1-yl-(1-pentylindol-3
  192  yl)methanone).
  193         120. JWH-122 (1-Pentyl-3-(4-methyl-1-naphthoyl)indole).
  194         121. JWH-133 ((6aR,10aR)-3-(1,1-Dimethylbutyl)-6a,7,10,10a
  195  tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran)).
  196         122. JWH-175 (3-(naphthalen-1-ylmethyl)-1-pentyl-1H
  197  indole).
  198         123. JWH-201 (1-pentyl-3-(4-methoxyphenylacetyl)indole).
  199         124. JWH-203 (2-(2-chlorophenyl)-1-(1-pentylindol-3
  200  yl)ethanone).
  201         125. JWH-210 (4-ethylnaphthalen-1-yl-(1-pentylindol-3
  202  yl)methanone).
  203         126. JWH-250 (2-(2-methoxyphenyl)-1-(1-pentylindol-3
  204  yl)ethanone).
  205         127. JWH-251 (2-(2-methylphenyl)-1-(1-pentyl-1H-indol-3
  206  yl)ethanone).
  207         128. JWH-302 (1-pentyl-3-(3-methoxyphenylacetyl)indole).
  208         129. JWH-398 (1-pentyl-3-(4-chloro-1-naphthoyl)indole).
  209         130. HU-211 ((6aS,10aS)-9-(Hydroxymethyl)-6,6-dimethyl-3-2
  210  methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol)).
  211         131. HU-308 ([91R,2R,5R)-2-[2,6-dimethoxy-4-(2-methyloctan
  212  2-yl)phenyl]-7,7-dimethyl-4-bicyclo[3.1.1]hept-3-enyl]methanol).
  213         132. HU-331 (3-hydroxy-2-[(1R,6R)-3-methyl-6-(1
  214  methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-2,5-cyclohexadiene
  215  1,4-dione).
  216         133. CB-13 (Naphthalen-1-yl-(4-pentyloxynaphthalen-1
  217  yl)methanone).
  218         134. CB-25 (N-cyclopropyl-11-(3-hydroxy-5-pentylphenoxy)
  219  undecanamide).
  220         135. CB-52 (N-cyclopropyl-11-(2-hexyl-5-hydroxyphenoxy)
  221  undecanamide).
  222         136. CP55,940 (2-[(1R,2R,5R)-5-hydroxy-2-(3
  223  hydroxypropyl)cyclohexyl]-5-(2-methyloctan-2-yl)phenol).
  224         137. AM-694 (1-[(5-fluoropentyl)-1H-indol-3-yl]-(2
  225  iodophenyl)methanone).
  226         138. AM-2201 (1-[(5-fluoropentyl)-1H-indol-3-yl]
  227  (naphthalen-1-yl)methanone).
  228         139. RCS-4 (((4-methoxyphenyl) (1-pentyl-1H-indol-3
  229  yl)methanone)).
  230         140. RCS-8 (1-(1-(2-cyclohexylethyl)-1H-indol-3-yl)-2-(2
  231  methoxyphenylethanonone).
  232         141. WIN55,212-2 ((R)-(+)-[2,3-Dihydro-5-methyl-3-(4
  233  morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1
  234  naphthalenylmethanone).
  235         142. WIN55,212-3 ([(3S)-2,3-Dihydro-5-methyl-3-(4
  236  morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1
  237  naphthalenylmethanone).
  238         Section 2. For the purpose of incorporating the amendment
  239  made by this act to section 893.03, Florida Statutes, in
  240  references thereto, subsections (1), (2), (3), (4), (5), and (6)
  241  of section 893.13, Florida Statutes, are reenacted, and
  242  paragraph (b) of subsection (6) is amended, to read:
  243         893.13 Prohibited acts; penalties.—
  244         (1)(a) Except as authorized by this chapter and chapter
  245  499, it is unlawful for any person to sell, manufacture, or
  246  deliver, or possess with intent to sell, manufacture, or
  247  deliver, a controlled substance. Any person who violates this
  248  provision with respect to:
  249         1. A controlled substance named or described in s.
  250  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
  251  commits a felony of the second degree, punishable as provided in
  252  s. 775.082, s. 775.083, or s. 775.084.
  253         2. A controlled substance named or described in s.
  254  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  255  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  256  the third degree, punishable as provided in s. 775.082, s.
  257  775.083, or s. 775.084.
  258         3. A controlled substance named or described in s.
  259  893.03(5) commits a misdemeanor of the first degree, punishable
  260  as provided in s. 775.082 or s. 775.083.
  261         (b) Except as provided in this chapter, it is unlawful to
  262  sell or deliver in excess of 10 grams of any substance named or
  263  described in s. 893.03(1)(a) or (1)(b), or any combination
  264  thereof, or any mixture containing any such substance. Any
  265  person who violates this paragraph commits a felony of the first
  266  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  267  775.084.
  268         (c) Except as authorized by this chapter, it is unlawful
  269  for any person to sell, manufacture, or deliver, or possess with
  270  intent to sell, manufacture, or deliver, a controlled substance
  271  in, on, or within 1,000 feet of the real property comprising a
  272  child care facility as defined in s. 402.302 or a public or
  273  private elementary, middle, or secondary school between the
  274  hours of 6 a.m. and 12 midnight, or at any time in, on, or
  275  within 1,000 feet of real property comprising a state, county,
  276  or municipal park, a community center, or a publicly owned
  277  recreational facility. For the purposes of this paragraph, the
  278  term “community center” means a facility operated by a nonprofit
  279  community-based organization for the provision of recreational,
  280  social, or educational services to the public. Any person who
  281  violates this paragraph with respect to:
  282         1. A controlled substance named or described in s.
  283  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
  284  commits a felony of the first degree, punishable as provided in
  285  s. 775.082, s. 775.083, or s. 775.084. The defendant must be
  286  sentenced to a minimum term of imprisonment of 3 calendar years
  287  unless the offense was committed within 1,000 feet of the real
  288  property comprising a child care facility as defined in s.
  289  402.302.
  290         2. A controlled substance named or described in s.
  291  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  292  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  293  the second degree, punishable as provided in s. 775.082, s.
  294  775.083, or s. 775.084.
  295         3. Any other controlled substance, except as lawfully sold,
  296  manufactured, or delivered, must be sentenced to pay a $500 fine
  297  and to serve 100 hours of public service in addition to any
  298  other penalty prescribed by law.
  299  
  300  This paragraph does not apply to a child care facility unless
  301  the owner or operator of the facility posts a sign that is not
  302  less than 2 square feet in size with a word legend identifying
  303  the facility as a licensed child care facility and that is
  304  posted on the property of the child care facility in a
  305  conspicuous place where the sign is reasonably visible to the
  306  public.
  307         (d) Except as authorized by this chapter, it is unlawful
  308  for any person to sell, manufacture, or deliver, or possess with
  309  intent to sell, manufacture, or deliver, a controlled substance
  310  in, on, or within 1,000 feet of the real property comprising a
  311  public or private college, university, or other postsecondary
  312  educational institution. Any person who violates this paragraph
  313  with respect to:
  314         1. A controlled substance named or described in s.
  315  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
  316  commits a felony of the first degree, punishable as provided in
  317  s. 775.082, s. 775.083, or s. 775.084.
  318         2. A controlled substance named or described in s.
  319  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  320  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  321  the second degree, punishable as provided in s. 775.082, s.
  322  775.083, or s. 775.084.
  323         3. Any other controlled substance, except as lawfully sold,
  324  manufactured, or delivered, must be sentenced to pay a $500 fine
  325  and to serve 100 hours of public service in addition to any
  326  other penalty prescribed by law.
  327         (e) Except as authorized by this chapter, it is unlawful
  328  for any person to sell, manufacture, or deliver, or possess with
  329  intent to sell, manufacture, or deliver, a controlled substance
  330  not authorized by law in, on, or within 1,000 feet of a physical
  331  place for worship at which a church or religious organization
  332  regularly conducts religious services or within 1,000 feet of a
  333  convenience business as defined in s. 812.171. Any person who
  334  violates this paragraph with respect to:
  335         1. A controlled substance named or described in s.
  336  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
  337  commits a felony of the first degree, punishable as provided in
  338  s. 775.082, s. 775.083, or s. 775.084.
  339         2. A controlled substance named or described in s.
  340  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  341  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  342  the second degree, punishable as provided in s. 775.082, s.
  343  775.083, or s. 775.084.
  344         3. Any other controlled substance, except as lawfully sold,
  345  manufactured, or delivered, must be sentenced to pay a $500 fine
  346  and to serve 100 hours of public service in addition to any
  347  other penalty prescribed by law.
  348         (f) Except as authorized by this chapter, it is unlawful
  349  for any person to sell, manufacture, or deliver, or possess with
  350  intent to sell, manufacture, or deliver, a controlled substance
  351  in, on, or within 1,000 feet of the real property comprising a
  352  public housing facility at any time. For purposes of this
  353  section, the term “real property comprising a public housing
  354  facility” means real property, as defined in s. 421.03(12), of a
  355  public corporation created as a housing authority pursuant to
  356  part I of chapter 421. Any person who violates this paragraph
  357  with respect to:
  358         1. A controlled substance named or described in s.
  359  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
  360  commits a felony of the first degree, punishable as provided in
  361  s. 775.082, s. 775.083, or s. 775.084.
  362         2. A controlled substance named or described in s.
  363  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  364  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  365  the second degree, punishable as provided in s. 775.082, s.
  366  775.083, or s. 775.084.
  367         3. Any other controlled substance, except as lawfully sold,
  368  manufactured, or delivered, must be sentenced to pay a $500 fine
  369  and to serve 100 hours of public service in addition to any
  370  other penalty prescribed by law.
  371         (g) Except as authorized by this chapter, it is unlawful
  372  for any person to manufacture methamphetamine or phencyclidine,
  373  or possess any listed chemical as defined in s. 893.033 in
  374  violation of s. 893.149 and with intent to manufacture
  375  methamphetamine or phencyclidine. If any person violates this
  376  paragraph and:
  377         1. The commission or attempted commission of the crime
  378  occurs in a structure or conveyance where any child under 16
  379  years of age is present, the person commits a felony of the
  380  first degree, punishable as provided in s. 775.082, s. 775.083,
  381  or s. 775.084. In addition, the defendant must be sentenced to a
  382  minimum term of imprisonment of 5 calendar years.
  383         2. The commission of the crime causes any child under 16
  384  years of age to suffer great bodily harm, the person commits a
  385  felony of the first degree, punishable as provided in s.
  386  775.082, s. 775.083, or s. 775.084. In addition, the defendant
  387  must be sentenced to a minimum term of imprisonment of 10
  388  calendar years.
  389         (h) Except as authorized by this chapter, it is unlawful
  390  for any person to sell, manufacture, or deliver, or possess with
  391  intent to sell, manufacture, or deliver, a controlled substance
  392  in, on, or within 1,000 feet of the real property comprising an
  393  assisted living facility, as that term is used in chapter 429.
  394  Any person who violates this paragraph with respect to:
  395         1. A controlled substance named or described in s.
  396  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
  397  commits a felony of the first degree, punishable as provided in
  398  s. 775.082, s. 775.083, or s. 775.084.
  399         2. A controlled substance named or described in s.
  400  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  401  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  402  the second degree, punishable as provided in s. 775.082, s.
  403  775.083, or s. 775.084.
  404         (2)(a) Except as authorized by this chapter and chapter
  405  499, it is unlawful for any person to purchase, or possess with
  406  intent to purchase, a controlled substance. Any person who
  407  violates this provision with respect to:
  408         1. A controlled substance named or described in s.
  409  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
  410  commits a felony of the second degree, punishable as provided in
  411  s. 775.082, s. 775.083, or s. 775.084.
  412         2. A controlled substance named or described in s.
  413  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  414  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  415  the third degree, punishable as provided in s. 775.082, s.
  416  775.083, or s. 775.084.
  417         3. A controlled substance named or described in s.
  418  893.03(5) commits a misdemeanor of the first degree, punishable
  419  as provided in s. 775.082 or s. 775.083.
  420         (b) Except as provided in this chapter, it is unlawful to
  421  purchase in excess of 10 grams of any substance named or
  422  described in s. 893.03(1)(a) or (1)(b), or any combination
  423  thereof, or any mixture containing any such substance. Any
  424  person who violates this paragraph commits a felony of the first
  425  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  426  775.084.
  427         (3) Any person who delivers, without consideration, not
  428  more than 20 grams of cannabis, as defined in this chapter,
  429  commits a misdemeanor of the first degree, punishable as
  430  provided in s. 775.082 or s. 775.083. For the purposes of this
  431  paragraph, “cannabis” does not include the resin extracted from
  432  the plants of the genus Cannabis or any compound manufacture,
  433  salt, derivative, mixture, or preparation of such resin.
  434         (4) Except as authorized by this chapter, it is unlawful
  435  for any person 18 years of age or older to deliver any
  436  controlled substance to a person under the age of 18 years, or
  437  to use or hire a person under the age of 18 years as an agent or
  438  employee in the sale or delivery of such a substance, or to use
  439  such person to assist in avoiding detection or apprehension for
  440  a violation of this chapter. Any person who violates this
  441  provision with respect to:
  442         (a) A controlled substance named or described in s.
  443  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
  444  commits a felony of the first degree, punishable as provided in
  445  s. 775.082, s. 775.083, or s. 775.084.
  446         (b) A controlled substance named or described in s.
  447  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  448  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  449  the second degree, punishable as provided in s. 775.082, s.
  450  775.083, or s. 775.084.
  451  
  452  Imposition of sentence may not be suspended or deferred, nor
  453  shall the person so convicted be placed on probation.
  454         (5) It is unlawful for any person to bring into this state
  455  any controlled substance unless the possession of such
  456  controlled substance is authorized by this chapter or unless
  457  such person is licensed to do so by the appropriate federal
  458  agency. Any person who violates this provision with respect to:
  459         (a) A controlled substance named or described in s.
  460  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
  461  commits a felony of the second degree, punishable as provided in
  462  s. 775.082, s. 775.083, or s. 775.084.
  463         (b) A controlled substance named or described in s.
  464  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  465  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  466  the third degree, punishable as provided in s. 775.082, s.
  467  775.083, or s. 775.084.
  468         (c) A controlled substance named or described in s.
  469  893.03(5) commits a misdemeanor of the first degree, punishable
  470  as provided in s. 775.082 or s. 775.083.
  471         (6)(a) It is unlawful for any person to be in actual or
  472  constructive possession of a controlled substance unless such
  473  controlled substance was lawfully obtained from a practitioner
  474  or pursuant to a valid prescription or order of a practitioner
  475  while acting in the course of his or her professional practice
  476  or to be in actual or constructive possession of a controlled
  477  substance except as otherwise authorized by this chapter. Any
  478  person who violates this provision commits a felony of the third
  479  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  480  775.084.
  481         (b) If the offense is the possession of not more than 20
  482  grams of cannabis, as defined in this chapter, or 3 grams or
  483  less of a controlled substance described in s. 893.03(1)(c)46.
  484  50. and 114.-142., the person commits a misdemeanor of the first
  485  degree, punishable as provided in s. 775.082 or s. 775.083. For
  486  the purposes of this subsection, “cannabis” does not include the
  487  resin extracted from the plants of the genus Cannabis, or any
  488  compound manufacture, salt, derivative, mixture, or preparation
  489  of such resin, and a controlled substance described in s.
  490  893.03(1)(c)46.-50. and 114.-142. does not include the substance
  491  in a powdered form.
  492         (c) Except as provided in this chapter, it is unlawful to
  493  possess in excess of 10 grams of any substance named or
  494  described in s. 893.03(1)(a) or (1)(b), or any combination
  495  thereof, or any mixture containing any such substance. Any
  496  person who violates this paragraph commits a felony of the first
  497  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  498  775.084.
  499         (d) Notwithstanding any provision to the contrary of the
  500  laws of this state relating to arrest, a law enforcement officer
  501  may arrest without warrant any person who the officer has
  502  probable cause to believe is violating the provisions of this
  503  chapter relating to possession of cannabis.
  504         Section 3. For the purpose of incorporating the amendment
  505  made by this act to section 893.03, Florida Statutes, in
  506  references thereto, paragraphs (b), (c), (d), and (e) of
  507  subsection (3) of section 921.0022, Florida Statutes, are
  508  reenacted to read:
  509         921.0022 Criminal Punishment Code; offense severity ranking
  510  chart.—
  511         (3) OFFENSE SEVERITY RANKING CHART
  512         (b) LEVEL 2
  513  FloridaStatute   FelonyDegree                Description                 
  514  379.2431 (1)(e)3.  3rd   Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
  515  379.2431 (1)(e)4.  3rd   Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
  516  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.
  517  517.07             3rd   Registration of securities and furnishing of prospectus required.
  518  590.28(1)          3rd   Intentional burning of lands.               
  519  784.05(3)          3rd   Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
  520  787.04(1)          3rd   In violation of court order, take, entice, etc., minor beyond state limits.
  521  806.13(1)(b)3.     3rd   Criminal mischief; damage $1,000 or more to public communication or any other public service.
  522  810.061(2)         3rd   Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
  523  810.09(2)(e)       3rd   Trespassing on posted commercial horticulture property.
  524  812.014(2)(c)1.    3rd   Grand theft, 3rd degree; $300 or more but less than $5,000.
  525  812.014(2)(d)      3rd   Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.
  526  812.015(7)         3rd   Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
  527  817.234(1)(a)2.    3rd   False statement in support of insurance claim.
  528  817.481(3)(a)      3rd   Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
  529  817.52(3)          3rd   Failure to redeliver hired vehicle.         
  530  817.54             3rd   With intent to defraud, obtain mortgage note, etc., by false representation.
  531  817.60(5)          3rd   Dealing in credit cards of another.         
  532  817.60(6)(a)       3rd   Forgery; purchase goods, services with false card.
  533  817.61             3rd   Fraudulent use of credit cards over $100 or more within 6 months.
  534  826.04             3rd   Knowingly marries or has sexual intercourse with person to whom related.
  535  831.01             3rd   Forgery.                                    
  536  831.02             3rd   Uttering forged instrument; utters or publishes alteration with intent to defraud.
  537  831.07             3rd   Forging bank bills, checks, drafts, or promissory notes.
  538  831.08             3rd   Possessing 10 or more forged notes, bills, checks, or drafts.
  539  831.09             3rd   Uttering forged notes, bills, checks, drafts, or promissory notes.
  540  831.11             3rd   Bringing into the state forged bank bills, checks, drafts, or notes.
  541  832.05(3)(a)       3rd   Cashing or depositing item with intent to defraud.
  542  843.08             3rd   Falsely impersonating an officer.           
  543  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.
  544  893.147(2)         3rd   Manufacture or delivery of drug paraphernalia.
  545         (c) LEVEL 3
  546  FloridaStatute   FelonyDegree                Description                 
  547  119.10(2)(b)       3rd   Unlawful use of confidential information from police reports.
  548  316.066 (3)(b)-(d)  3rd   Unlawfully obtaining or using confidential crash reports.
  549  316.193(2)(b)      3rd   Felony DUI, 3rd conviction.                 
  550  316.1935(2)        3rd   Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
  551  319.30(4)          3rd   Possession by junkyard of motor vehicle with identification number plate removed.
  552  319.33(1)(a)       3rd   Alter or forge any certificate of title to a motor vehicle or mobile home.
  553  319.33(1)(c)       3rd   Procure or pass title on stolen vehicle.    
  554  319.33(4)          3rd   With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
  555  327.35(2)(b)       3rd   Felony BUI.                                 
  556  328.05(2)          3rd   Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
  557  328.07(4)          3rd   Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
  558  376.302(5)         3rd   Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
  559  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.
  560  379.2431 (1)(e)6.  3rd   Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
  561  400.9935(4)        3rd   Operating a clinic without a license or filing false license application or other required information.
  562  440.1051(3)        3rd   False report of workers’ compensation fraud or retaliation for making such a report.
  563  501.001(2)(b)      2nd   Tampers with a consumer product or the container using materially false/misleading information.
  564  624.401(4)(a)      3rd   Transacting insurance without a certificate of authority.
  565  624.401(4)(b)1.    3rd   Transacting insurance without a certificate of authority; premium collected less than $20,000.
  566  626.902(1)(a) & (b)  3rd   Representing an unauthorized insurer.       
  567  697.08             3rd   Equity skimming.                            
  568  790.15(3)          3rd   Person directs another to discharge firearm from a vehicle.
  569  796.05(1)          3rd   Live on earnings of a prostitute.           
  570  806.10(1)          3rd   Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
  571  806.10(2)          3rd   Interferes with or assaults firefighter in performance of duty.
  572  810.09(2)(c)       3rd   Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
  573  812.014(2)(c)2.    3rd   Grand theft; $5,000 or more but less than $10,000.
  574  812.0145(2)(c)     3rd   Theft from person 65 years of age or older; $300 or more but less than $10,000.
  575  815.04(4)(b)       2nd   Computer offense devised to defraud or obtain property.
  576  817.034(4)(a)3.    3rd   Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
  577  817.233            3rd   Burning to defraud insurer.                 
  578  817.234 (8)(b)-(c)  3rd   Unlawful solicitation of persons involved in motor vehicle accidents.
  579  817.234(11)(a)     3rd   Insurance fraud; property value less than $20,000.
  580  817.236            3rd   Filing a false motor vehicle insurance application.
  581  817.2361           3rd   Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
  582  817.413(2)         3rd   Sale of used goods as new.                  
  583  817.505(4)         3rd   Patient brokering.                          
  584  828.12(2)          3rd   Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
  585  831.28(2)(a)       3rd   Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
  586  831.29             2nd   Possession of instruments for counterfeiting drivers’ licenses or identification cards.
  587  838.021(3)(b)      3rd   Threatens unlawful harm to public servant.  
  588  843.19             3rd   Injure, disable, or kill police dog or horse.
  589  860.15(3)          3rd   Overcharging for repairs and parts.         
  590  870.01(2)          3rd   Riot; inciting or encouraging.              
  591  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).
  592  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.
  593  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.
  594  893.13(6)(a)       3rd   Possession of any controlled substance other than felony possession of cannabis.
  595  893.13(7)(a)8.     3rd   Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
  596  893.13(7)(a)9.     3rd   Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
  597  893.13(7)(a)10.    3rd   Affix false or forged label to package of controlled substance.
  598  893.13(7)(a)11.    3rd   Furnish false or fraudulent material information on any document or record required by chapter 893.
  599  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.
  600  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.
  601  893.13(8)(a)3.     3rd   Knowingly write a prescription for a controlled substance for a fictitious person.
  602  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.
  603  918.13(1)(a)       3rd   Alter, destroy, or conceal investigation evidence.
  604  944.47 (1)(a)1.-2.  3rd   Introduce contraband to correctional facility.
  605  944.47(1)(c)       2nd   Possess contraband while upon the grounds of a correctional institution.
  606  985.721            3rd   Escapes from a juvenile facility (secure detention or residential commitment facility).
  607         (d) LEVEL 4
  608  FloridaStatute   FelonyDegree                Description                 
  609  316.1935(3)(a)     2nd   Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
  610  499.0051(1)        3rd   Failure to maintain or deliver pedigree papers.
  611  499.0051(2)        3rd   Failure to authenticate pedigree papers.    
  612  499.0051(6)        2nd   Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
  613  784.07(2)(b)       3rd   Battery of law enforcement officer, firefighter, etc.
  614  784.074(1)(c)      3rd   Battery of sexually violent predators facility staff.
  615  784.075            3rd   Battery on detention or commitment facility staff.
  616  784.078            3rd   Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
  617  784.08(2)(c)       3rd   Battery on a person 65 years of age or older.
  618  784.081(3)         3rd   Battery on specified official or employee.  
  619  784.082(3)         3rd   Battery by detained person on visitor or other detainee.
  620  784.083(3)         3rd   Battery on code inspector.                  
  621  784.085            3rd   Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
  622  787.03(1)          3rd   Interference with custody; wrongly takes minor from appointed guardian.
  623  787.04(2)          3rd   Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
  624  787.04(3)          3rd   Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
  625  790.115(1)         3rd   Exhibiting firearm or weapon within 1,000 feet of a school.
  626  790.115(2)(b)      3rd   Possessing electric weapon or device, destructive device, or other weapon on school property.
  627  790.115(2)(c)      3rd   Possessing firearm on school property.      
  628  800.04(7)(c)       3rd   Lewd or lascivious exhibition; offender less than 18 years.
  629  810.02(4)(a)       3rd   Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
  630  810.02(4)(b)       3rd   Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
  631  810.06             3rd   Burglary; possession of tools.              
  632  810.08(2)(c)       3rd   Trespass on property, armed with firearm or dangerous weapon.
  633  812.014(2)(c)3.    3rd   Grand theft, 3rd degree $10,000 or more but less than $20,000.
  634  812.014 (2)(c)4.-10.  3rd   Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
  635  812.0195(2)        3rd   Dealing in stolen property by use of the Internet; property stolen $300 or more.
  636  817.563(1)         3rd   Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
  637  817.568(2)(a)      3rd   Fraudulent use of personal identification information.
  638  817.625(2)(a)      3rd   Fraudulent use of scanning device or reencoder.
  639  828.125(1)         2nd   Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
  640  837.02(1)          3rd   Perjury in official proceedings.            
  641  837.021(1)         3rd   Make contradictory statements in official proceedings.
  642  838.022            3rd   Official misconduct.                        
  643  839.13(2)(a)       3rd   Falsifying records of an individual in the care and custody of a state agency.
  644  839.13(2)(c)       3rd   Falsifying records of the Department of Children and Family Services.
  645  843.021            3rd   Possession of a concealed handcuff key by a person in custody.
  646  843.025            3rd   Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
  647  843.15(1)(a)       3rd   Failure to appear while on bail for felony (bond estreature or bond jumping).
  648  847.0135(5)(c)     3rd   Lewd or lascivious exhibition using computer; offender less than 18 years.
  649  874.05(1)          3rd   Encouraging or recruiting another to join a criminal gang.
  650  893.13(2)(a)1.     2nd   Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs).
  651  914.14(2)          3rd   Witnesses accepting bribes.                 
  652  914.22(1)          3rd   Force, threaten, etc., witness, victim, or informant.
  653  914.23(2)          3rd   Retaliation against a witness, victim, or informant, no bodily injury.
  654  918.12             3rd   Tampering with jurors.                      
  655  934.215            3rd   Use of two-way communications device to facilitate commission of a crime.
  656         (e) LEVEL 5
  657  FloridaStatute   FelonyDegree                Description                 
  658  316.027(1)(a)      3rd   Accidents involving personal injuries, failure to stop; leaving scene.
  659  316.1935(4)(a)     2nd   Aggravated fleeing or eluding.              
  660  322.34(6)          3rd   Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
  661  327.30(5)          3rd   Vessel accidents involving personal injury; leaving scene.
  662  381.0041(11)(b)    3rd   Donate blood, plasma, or organs knowing HIV positive.
  663  440.10(1)(g)       2nd   Failure to obtain workers’ compensation coverage.
  664  440.105(5)         2nd   Unlawful solicitation for the purpose of making workers’ compensation claims.
  665  440.381(2)         2nd   Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
  666  624.401(4)(b)2.    2nd   Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
  667  626.902(1)(c)      2nd   Representing an unauthorized insurer; repeat offender.
  668  790.01(2)          3rd   Carrying a concealed firearm.               
  669  790.162            2nd   Threat to throw or discharge destructive device.
  670  790.163(1)         2nd   False report of deadly explosive or weapon of mass destruction.
  671  790.221(1)         2nd   Possession of short-barreled shotgun or machine gun.
  672  790.23             2nd   Felons in possession of firearms, ammunition, or electronic weapons or devices.
  673  800.04(6)(c)       3rd   Lewd or lascivious conduct; offender less than 18 years.
  674  800.04(7)(b)       2nd   Lewd or lascivious exhibition; offender 18 years or older.
  675  806.111(1)         3rd   Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
  676  812.0145(2)(b)     2nd   Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
  677  812.015(8)         3rd   Retail theft; property stolen is valued at $300 or more and one or more specified acts.
  678  812.019(1)         2nd   Stolen property; dealing in or trafficking in.
  679  812.131(2)(b)      3rd   Robbery by sudden snatching.                
  680  812.16(2)          3rd   Owning, operating, or conducting a chop shop.
  681  817.034(4)(a)2.    2nd   Communications fraud, value $20,000 to $50,000.
  682  817.234(11)(b)     2nd   Insurance fraud; property value $20,000 or more but less than $100,000.
  683  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.
  684  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.
  685  817.625(2)(b)      2nd   Second or subsequent fraudulent use of scanning device or reencoder.
  686  825.1025(4)        3rd   Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
  687  827.071(4)         2nd   Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
  688  827.071(5)         3rd   Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
  689  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.
  690  843.01             3rd   Resist officer with violence to person; resist arrest with violence.
  691  847.0135(5)(b)     2nd   Lewd or lascivious exhibition using computer; offender 18 years or older.
  692  847.0137 (2) & (3)  3rd   Transmission of pornography by electronic device or equipment.
  693  847.0138 (2) & (3)  3rd   Transmission of material harmful to minors to a minor by electronic device or equipment.
  694  874.05(2)          2nd   Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
  695  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).
  696  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.
  697  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.
  698  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.
  699  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.
  700  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).
  701  893.1351(1)        3rd   Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
  702         Section 4. This act shall take effect October 1, 2012.