Florida Senate - 2016                      CS for CS for SB 1528
       
       
        
       By the Committees on Appropriations; and Regulated Industries;
       and Senator Simpson
       
       576-04192-16                                          20161528c2
    1                        A bill to be entitled                      
    2         An act relating to illicit drugs; amending s. 893.02,
    3         F.S.; defining terms; deleting a definition; revising
    4         definitions; amending s. 893.03, F.S.; providing that
    5         class designation is a way to reference scheduled
    6         controlled substances; adding, deleting, and revising
    7         the list of Schedule I controlled substances; revising
    8         the list of Schedule III anabolic steroids; amending
    9         s. 893.033, F.S.; adding, deleting, and revising the
   10         list of precursor and essential chemicals; amending s.
   11         893.0356, F.S.; defining the term “substantially
   12         similar”; deleting the term “potential for abuse”;
   13         requiring that a controlled substance analog be
   14         treated as the highest scheduled controlled substance
   15         of which it is an analog; amending s. 893.13, F.S.;
   16         creating a noncriminal penalty for selling,
   17         manufacturing, or delivering or for possessing with
   18         intent to sell, manufacture, or deliver any unlawful
   19         controlled substance in, on, or near an assisted
   20         living facility; creating a criminal penalty for a
   21         person 18 years of age or older who delivers to a
   22         person younger than 18 years of age any illegal
   23         controlled substance, who uses or hires a person
   24         younger than 18 years of age in the sale or delivery
   25         of such substance, or who uses a person younger than
   26         18 years of age to assist in avoiding detection for
   27         specified violations; deleting a criminal penalty for
   28         possession of a certain amount of specified controlled
   29         substances; deleting certain exclusions from the
   30         definition of the term “cannabis”; creating a criminal
   31         penalty for possession of specified controlled
   32         substances; correcting a cross-reference; amending s.
   33         893.135, F.S.; revising a dosage unit to include a
   34         gelatin capsule for the purpose of clarifying
   35         legislative intent regarding the weighing of a mixture
   36         containing a controlled substance; amending s.
   37         893.138, F.S.; authorizing a place or premises that
   38         has been used on two or more occasions for specified
   39         violations within a certain time period to be declared
   40         a public nuisance; amending s. 893.145, F.S.; revising
   41         the definition of the term “drug paraphernalia”;
   42         amending s. 895.02, F.S.; revising the definition of
   43         the term “racketeering activity”; amending s.
   44         921.0022, F.S.; adding an adult delivering controlled
   45         substances to a minor, using or hiring a minor to sell
   46         controlled substances, or using a minor to avoid
   47         detection or apprehension to level 3 of the offense
   48         severity ranking chart of the Criminal Punishment
   49         Code; making technical changes; reenacting ss.
   50         39.01(30)(a) and (g), 316.193(5), 322.2616(2)(c),
   51         327.35(5), 440.102(11)(b), 456.44(2), 458.326(3),
   52         458.3265(1)(e), 459.0137(1)(e), 463.0055(4)(a),
   53         465.0276(1)(b), 499.0121(14) and (15)(a),
   54         499.029(3)(a), 782.04(1) and (4), 787.06(2)(a),
   55         817.563(1), 831.31, 893.0301, 893.035(7)(a),
   56         893.05(1), 893.055(1)(b), 893.07(5)(b), 893.12(2)(b),
   57         (c), and (d), and 944.474(2), F.S., to incorporate the
   58         amendment made to s. 893.03, F.S., in references
   59         thereto; reenacting s. 893.149(4), F.S., to
   60         incorporate the amendment made to s. 893.033, F.S., in
   61         a reference thereto; reenacting ss. 397.451(4)(b),
   62         435.07(2), 772.12(2), 775.084(1)(a), 810.02(3),
   63         812.014(2), 831.311(1), 893.1351(1), 893.138(3),
   64         893.15, 903.133, and 921.187(1)(l), F.S., to
   65         incorporate the amendment made to s. 893.13, F.S., in
   66         references thereto; reenacting ss. 893.12(2)(a) and
   67         893.147(6)(a), F.S., to incorporate the amendment made
   68         to s. 893.145, F.S., in references thereto; reenacting
   69         ss. 16.56(1)(a), 655.50(3)(g), 896.101(2)(g), and
   70         905.34, F.S., to incorporate the amendment made to s.
   71         895.02, F.S., in references thereto; providing an
   72         effective date.
   73          
   74  Be It Enacted by the Legislature of the State of Florida:
   75  
   76         Section 1. Subsections (2), (11), and (16) of section
   77  893.02, Florida Statutes, are amended, new subsections (17) and
   78  (20) are added to that section, present subsections (17), (18),
   79  (19), (20), (21), (22), and (23) of that section are
   80  redesignated as subsections (18), (19), (21), (22), (23), (24),
   81  and (25), respectively, and subsections (4) and (14) are
   82  republished, to read:
   83         893.02 Definitions.—The following words and phrases as used
   84  in this chapter shall have the following meanings, unless the
   85  context otherwise requires:
   86         (2) “Cannabinoid receptor agonist” means a chemical
   87  compound or substance that, according to scientific or medical
   88  research, study, testing, or analysis demonstrates the presence
   89  of binding activity at one or more of the CB1 or CB2 cell
   90  membrane receptors located within the human body “Analog” or
   91  “chemical analog” means a structural derivative of a parent
   92  compound that is a controlled substance.
   93         (4) “Controlled substance” means any substance named or
   94  described in Schedules I-V of s. 893.03. Laws controlling the
   95  manufacture, distribution, preparation, dispensing, or
   96  administration of such substances are drug abuse laws.
   97         (11) “Homologue” means a chemical compound in a series in
   98  which each compound differs by one or more repeating hydrocarbon
   99  functional group units at any single point within the compound
  100  alkyl functional groups on an alkyl side chain.
  101         (14) “Listed chemical” means any precursor chemical or
  102  essential chemical named or described in s. 893.033.
  103         (16) “Mixture” means any physical combination of two or
  104  more substances, including, but not limited to, a blend, an
  105  aggregation, a suspension, an emulsion, a solution, or a dosage
  106  unit, whether or not such combination can be separated into its
  107  components by physical means, whether mechanical or thermal.
  108         (17) “Nitrogen-heterocyclic analog” means an analog of a
  109  controlled substance which has a single carbon atom in a cyclic
  110  structure of a compound replaced by a nitrogen atom.
  111         (20) “Positional isomer” means any substance that possesses
  112  the same molecular formula and core structure and that has the
  113  same functional group or substituent as those found in the
  114  respective controlled substance, attached at any positions on
  115  the core structure, but in such manner that no new chemical
  116  functionalities are created and no existing chemical
  117  functionalities are destroyed relative to the respective
  118  controlled substance. Rearrangements of alkyl moieties within or
  119  between functional groups or substituents, or divisions or
  120  combinations of alkyl moieties, which do not create new chemical
  121  functionalities or destroy existing chemical functionalities,
  122  are allowed and include resulting compounds that are positional
  123  isomers. As used in this definition, the term “core structure”
  124  means the parent molecule that is the common basis for the class
  125  that includes, but is not limited to, tryptamine,
  126  phenethylamine, or ergoline. Examples of rearrangements
  127  resulting in creation or destruction of chemical
  128  functionalities, and therefore resulting in compounds that are
  129  not positional isomers, include, but are not limited to, ethoxy
  130  to alpha-hydroxyethyl, hydroxy and methyl to methoxy, or the
  131  repositioning of a phenolic or alcoholic hydroxy group to create
  132  a hydroxyamine. Examples of rearrangements resulting in
  133  compounds that would be positional isomers, include, but are not
  134  limited to, tert-butyl to sec-butyl, methoxy and ethyl to
  135  isopropoxy, N,N-diethyl to N-methyl-N-propyl, or alpha
  136  methylamino to N-methylamino.
  137         Section 2. Section 893.03, Florida Statutes, is amended to
  138  read:
  139         893.03 Standards and schedules.—The substances enumerated
  140  in this section are controlled by this chapter. The controlled
  141  substances listed or to be listed in Schedules I, II, III, IV,
  142  and V are included by whatever official, common, usual,
  143  chemical, or trade name, or class designated. The provisions of
  144  this section shall not be construed to include within any of the
  145  schedules contained in this section any excluded drugs listed
  146  within the purview of 21 C.F.R. s. 1308.22, styled “Excluded
  147  Substances”; 21 C.F.R. s. 1308.24, styled “Exempt Chemical
  148  Preparations”; 21 C.F.R. s. 1308.32, styled “Exempted
  149  Prescription Products”; or 21 C.F.R. s. 1308.34, styled “Exempt
  150  Anabolic Steroid Products.”
  151         (1) SCHEDULE I.—A substance in Schedule I has a high
  152  potential for abuse and has no currently accepted medical use in
  153  treatment in the United States and in its use under medical
  154  supervision does not meet accepted safety standards. The
  155  following substances are controlled in Schedule I:
  156         (a) Unless specifically excepted or unless listed in
  157  another schedule, any of the following substances, including
  158  their isomers, esters, ethers, salts, and salts of isomers,
  159  esters, and ethers, whenever the existence of such isomers,
  160  esters, ethers, and salts is possible within the specific
  161  chemical designation:
  162         1. Acetyl-alpha-methylfentanyl.
  163         2. Acetylmethadol.
  164         3. Allylprodine.
  165         4. Alphacetylmethadol (except levo-alphacetylmethadol, also
  166  known as levo-alpha-acetylmethadol, levomethadyl acetate, or
  167  LAAM).
  168         5. Alphamethadol.
  169         6. Alpha-methylfentanyl (N-[1-(alpha-methyl-betaphenyl)
  170  ethyl-4-piperidyl] propionanilide; 1-(1-methyl-2-phenylethyl)-4
  171  (N-propanilido) piperidine).
  172         7. Alpha-methylthiofentanyl.
  173         8. Alphameprodine.
  174         9. Benzethidine.
  175         10. Benzylfentanyl.
  176         11. Betacetylmethadol.
  177         12. Beta-hydroxyfentanyl.
  178         13. Beta-hydroxy-3-methylfentanyl.
  179         14. Betameprodine.
  180         15. Betamethadol.
  181         16. Betaprodine.
  182         17. Clonitazene.
  183         18. Dextromoramide.
  184         19. Diampromide.
  185         20. Diethylthiambutene.
  186         21. Difenoxin.
  187         22. Dimenoxadol.
  188         23. Dimepheptanol.
  189         24. Dimethylthiambutene.
  190         25. Dioxaphetyl butyrate.
  191         26. Dipipanone.
  192         27. Ethylmethylthiambutene.
  193         28. Etonitazene.
  194         29. Etoxeridine.
  195         30. Flunitrazepam.
  196         31. Furethidine.
  197         32. Hydroxypethidine.
  198         33. Ketobemidone.
  199         34. Levomoramide.
  200         35. Levophenacylmorphan.
  201         36. Desmethylprodine (1-Methyl-4-Phenyl-4
  202  Propionoxypiperidine) (MPPP).
  203         37. 3-Methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4
  204  piperidyl]-N-phenylpropanamide).
  205         38. 3-Methylthiofentanyl.
  206         39. Morpheridine.
  207         40. Noracymethadol.
  208         41. Norlevorphanol.
  209         42. Normethadone.
  210         43. Norpipanone.
  211         44. Para-Fluorofentanyl.
  212         45. Phenadoxone.
  213         46. Phenampromide.
  214         47. Phenomorphan.
  215         48. Phenoperidine.
  216         49. PEPAP (1-(2-Phenylethyl)-4-Phenyl-4
  217  Acetyloxypiperidine) (PEPAP).
  218         50. Piritramide.
  219         51. Proheptazine.
  220         52. Properidine.
  221         53. Propiram.
  222         54. Racemoramide.
  223         55. Thenylfentanyl.
  224         56. Thiofentanyl.
  225         57. Tilidine.
  226         58. Trimeperidine.
  227         59. Acetylfentanyl.
  228         60. Butyrylfentanyl.
  229         61. Beta-Hydroxythiofentanyl.
  230         (b) Unless specifically excepted or unless listed in
  231  another schedule, any of the following substances, their salts,
  232  isomers, and salts of isomers, whenever the existence of such
  233  salts, isomers, and salts of isomers is possible within the
  234  specific chemical designation:
  235         1. Acetorphine.
  236         2. Acetyldihydrocodeine.
  237         3. Benzylmorphine.
  238         4. Codeine methylbromide.
  239         5. Codeine-N-Oxide.
  240         6. Cyprenorphine.
  241         7. Desomorphine.
  242         8. Dihydromorphine.
  243         9. Drotebanol.
  244         10. Etorphine (except hydrochloride salt).
  245         11. Heroin.
  246         12. Hydromorphinol.
  247         13. Methyldesorphine.
  248         14. Methyldihydromorphine.
  249         15. Monoacetylmorphine.
  250         16. Morphine methylbromide.
  251         17. Morphine methylsulfonate.
  252         18. Morphine-N-Oxide.
  253         19. Myrophine.
  254         20. Nicocodine.
  255         21. Nicomorphine.
  256         22. Normorphine.
  257         23. Pholcodine.
  258         24. Thebacon.
  259         (c) Unless specifically excepted or unless listed in
  260  another schedule, any material, compound, mixture, or
  261  preparation that contains any quantity of the following
  262  hallucinogenic substances or that contains any of their salts,
  263  isomers, including optical, positional, or geometric isomers,
  264  homologues, nitrogen-heterocyclic analogs, esters, ethers, and
  265  salts of isomers, homologues, nitrogen-heterocyclic analogs,
  266  esters, or ethers, if the existence of such salts, isomers, and
  267  salts of isomers is possible within the specific chemical
  268  designation or class description:
  269         1. Alpha-Ethyltryptamine.
  270         2. 4-Methylaminorex (2-Amino-4-methyl-5-phenyl-2-oxazoline)
  271  (4-methylaminorex).
  272         3. Aminorex (2-Amino-5-phenyl-2-oxazoline) (Aminorex).
  273         4. DOB (4-Bromo-2,5-dimethoxyamphetamine).
  274         5. 2C-B (4-Bromo-2,5-dimethoxyphenethylamine).
  275         6. Bufotenine.
  276         7. Cannabis.
  277         8. Cathinone.
  278         9. DET (Diethyltryptamine).
  279         10. 2,5-Dimethoxyamphetamine.
  280         11. DOET (4-Ethyl-2,5-Dimethoxyamphetamine) 2,5-Dimethoxy
  281  4-ethylamphetamine (DOET).
  282         12. DMT (Dimethyltryptamine).
  283         13. PCE (N-Ethyl-1-phenylcyclohexylamine) (PCE)(Ethylamine
  284  analog of phencyclidine).
  285         14. JB-318 (N-Ethyl-3-piperidyl benzilate).
  286         15. N-Ethylamphetamine.
  287         16. Fenethylline.
  288         17. 3,4-Methylenedioxy-N-hydroxyamphetamine N-Hydroxy-3,4
  289  methylenedioxyamphetamine.
  290         18. Ibogaine.
  291         19. LSD (Lysergic acid diethylamide) (LSD).
  292         20. Mescaline.
  293         21. Methcathinone.
  294         22. 5-Methoxy-3,4-methylenedioxyamphetamine.
  295         23. PMA (4-Methoxyamphetamine).
  296         24. PMMA (4-Methoxymethamphetamine).
  297         25. DOM (4-Methyl-2,5-dimethoxyamphetamine).
  298         26. MDEA (3,4-Methylenedioxy-N-ethylamphetamine).
  299         27. MDA (3,4-Methylenedioxyamphetamine).
  300         28. JB-336 (N-Methyl-3-piperidyl benzilate).
  301         29. N,N-Dimethylamphetamine.
  302         30. Parahexyl.
  303         31. Peyote.
  304         32. PCPY (N-(1-Phenylcyclohexyl)-pyrrolidine) (PCPY)
  305  (Pyrrolidine analog of phencyclidine).
  306         33. Psilocybin.
  307         34. Psilocyn.
  308         35. Salvia divinorum, except for any drug product approved
  309  by the United States Food and Drug Administration which contains
  310  Salvia divinorum or its isomers, esters, ethers, salts, and
  311  salts of isomers, esters, and ethers, if the existence of such
  312  isomers, esters, ethers, and salts is possible within the
  313  specific chemical designation.
  314         36. Salvinorin A, except for any drug product approved by
  315  the United States Food and Drug Administration which contains
  316  Salvinorin A or its isomers, esters, ethers, salts, and salts of
  317  isomers, esters, and ethers, if the existence of such isomers,
  318  esters, ethers, and salts is possible within the specific
  319  chemical designation.
  320         37. Tetrahydrocannabinols.
  321         37.Xylazine.
  322         38. TCP (1-[1-(2-Thienyl)-cyclohexyl]-piperidine) (TCP)
  323  (Thiophene analog of phencyclidine).
  324         39. 3,4,5-Trimethoxyamphetamine.
  325         40. Methylone (3,4-Methylenedioxymethcathinone).
  326         41. MDPV (3,4-Methylenedioxypyrovalerone) (MDPV).
  327         42. Methylmethcathinone.
  328         43. Methoxymethcathinone.
  329         44. Fluoromethcathinone.
  330         45. Methylethcathinone.
  331         46. CP 47,497 (2-([(1R,3S)-3-Hydroxycyclohexyl)]-5-(2
  332  methyloctan-2-yl)phenol), also known as CP 47,497 and its
  333  dimethyloctyl (C8) homologue.
  334         47. HU-210 [(6aR,10aR)-9-(Hydroxymethyl)-6,6-dimethyl-3-(2
  335  methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol],
  336  also known as HU-210.
  337         48. JWH-018 (1-Pentyl-3-(1-naphthoyl)indole), also known as
  338  JWH-018.
  339         49. JWH-073 (1-Butyl-3-(1-naphthoyl)indole), also known as
  340  JWH-073.
  341         50. JWH-200 (1-[2-(4-Morpholinyl)ethyl]-3-(1
  342  naphthoyl)indole), also known as JWH-200.
  343         51. BZP (Benzylpiperazine).
  344         52. Fluorophenylpiperazine.
  345         53. Methylphenylpiperazine.
  346         54. Chlorophenylpiperazine.
  347         55. Methoxyphenylpiperazine.
  348         56. DBZP (1,4-Dibenzylpiperazine).
  349         57. TFMPP (3-Trifluoromethylphenylpiperazine).
  350         58. MBDB (Methylbenzodioxolylbutanamine) or (3,4
  351  Methylenedioxy-N-methylbutanamine).
  352         59. 5-Hydroxy-AMT (5-Hydroxy-alpha-methyltryptamine).
  353         60. 5-Hydroxy-N-methyltryptamine.
  354         61. 5-MeO-MiPT (5-Methoxy-N-methyl-N-isopropyltryptamine).
  355         62. 5-MeO-AMT (5-Methoxy-alpha-methyltryptamine).
  356         63. Methyltryptamine.
  357         64. 5-MeO-DMT (5-Methoxy-N,N-dimethyltryptamine).
  358         65. 5-Me-DMT (5-Methyl-N,N-dimethyltryptamine).
  359         66. Tyramine (4-Hydroxyphenethylamine).
  360         67. 5-MeO-DiPT (5-Methoxy-N,N-Diisopropyltryptamine).
  361         68. DiPT (N,N-Diisopropyltryptamine).
  362         69. DPT (N,N-Dipropyltryptamine).
  363         70. 4-Hydroxy-DiPT (4-Hydroxy-N,N-diisopropyltryptamine).
  364         71. 5-MeO-DALT (5-Methoxy-N,N-Diallyltryptamine) N,N
  365  Diallyl-5-Methoxytryptamine.
  366         72. DOI (4-Iodo-2,5-dimethoxyamphetamine).
  367         73. DOC (4-Chloro-2,5-dimethoxyamphetamine).
  368         74. 2C-E (4-Ethyl-2,5-dimethoxyphenethylamine).
  369         75. 2C-T-4 (4-Isopropylthio-2,5-dimethoxyphenethylamine)
  370  2,5-Dimethoxy-4-isopropylthiophenethylamine).
  371         76. 2C-C (4-Chloro-2,5-dimethoxyphenethylamine).
  372         77. 2C-T (4-Methylthio-2,5-dimethoxyphenethylamine) 2,5
  373  Dimethoxy-4-methylthiophenethylamine).
  374         78. 2C-T-2 (4-Ethylthio-2,5-dimethoxyphenethylamine) 2,5
  375  Dimethoxy-4-ethylthiophenethylamine).
  376         79. 2C-T-7 (4-(n)-Propylthio-2,5-dimethoxyphenethylamine)
  377  2,5-Dimethoxy-4-(n)-propylthiophenethylamine).
  378         80. 2C-I (4-Iodo-2,5-dimethoxyphenethylamine).
  379         81. Butylone (3,4-Methylenedioxy-alpha
  380  methylaminobutyrophenone) beta-keto-N
  381  methylbenzodioxolylpropylamine).
  382         82. Ethcathinone.
  383         83. Ethylone (3,4-Methylenedioxy-N-ethylcathinone).
  384         84. Naphyrone (Naphthylpyrovalerone).
  385         85. Dimethylone (3,4-Methylenedioxy-N,N-dimethylcathinone)
  386  N-N-Dimethyl-3,4-methylenedioxycathinone.
  387         86. 3,4-Methylenedioxy-N,N-diethylcathinone N-N-Diethyl
  388  3,4-methylenedioxycathinone.
  389         87. 3,4-Methylenedioxy-propiophenone.
  390         88. 3,4-Methylenedioxy-alpha-bromopropiophenone 2-Bromo
  391  3,4-Methylenedioxypropiophenone.
  392         89. 3,4-Methylenedioxy-propiophenone-2-oxime.
  393         90. 3,4-Methylenedioxy-N-acetylcathinone N-Acetyl-3,4
  394  methylenedioxycathinone.
  395         91. 3,4-Methylenedioxy-N-acetylmethcathinone N-Acetyl-N
  396  Methyl-3,4-Methylenedioxycathinone.
  397         92. 3,4-Methylenedioxy-N-acetylethcathinone N-Acetyl-N
  398  Ethyl-3,4-Methylenedioxycathinone.
  399         93. Bromomethcathinone.
  400         94. Buphedrone (alpha-Methylamino-butyrophenone).
  401         95. Eutylone (3,4-Methylenedioxy-alpha
  402  ethylaminobutyrophenone) beta-Keto
  403  Ethylbenzodioxolylbutanamine).
  404         96. Dimethylcathinone.
  405         97. Dimethylmethcathinone.
  406         98. Pentylone (3,4-Methylenedioxy-alpha
  407  methylaminovalerophenone) (beta-Keto
  408  Methylbenzodioxolylpentanamine).
  409         99. MDPPP (3,4-Methylenedioxy-alpha
  410  pyrrolidinopropiophenone) (MDPPP) 3,4-Methylenedioxy-alpha
  411  pyrrolidinopropiophenone.
  412         100. MDPBP (3,4-Methylenedioxy-alpha
  413  pyrrolidinobutyrophenone) (MDPBP) 3,4-Methylenedioxy-alpha
  414  pyrrolidinobutiophenone.
  415         101. MOPPP (Methoxy-alpha-pyrrolidinopropiophenone)
  416  (MOPPP).
  417         102. MPHP (Methyl-alpha-pyrrolidinohexanophenone) Methyl
  418  alpha-pyrrolidinohexiophenone (MPHP).
  419         103. BTCP (Benzothiophenylcyclohexylpiperidine) or BCP
  420  (Benocyclidine) Benocyclidine (BCP) or
  421  benzothiophenylcyclohexylpiperidine (BTCP).
  422         104. F-MABP (Fluoromethylaminobutyrophenone) (F-MABP).
  423         105. MeO-PBP (Methoxypyrrolidinobutyrophenone) (MeO-PBP).
  424         106. Et-PBP (Ethyl-pyrrolidinobutyrophenone) (Et-PBP).
  425         107. 3-Me-4-MeO-MCAT (3-Methyl-4-Methoxymethcathinone) (3
  426  Me-4-MeO-MCAT).
  427         108. Me-EABP (Methylethylaminobutyrophenone) (Me-EABP).
  428         109. Etizolam Methylamino-butyrophenone (MABP).
  429         110. PPP (Pyrrolidinopropiophenone) (PPP).
  430         111. PBP (Pyrrolidinobutyrophenone) Pyrrolidinobutiophenone
  431  (PBP).
  432         112. PVP (Pyrrolidinovalerophenone) or
  433  (Pyrrolidinopentiophenone) (PVP).
  434         113. MPPP (Methyl-alpha-pyrrolidinopropiophenone) (MPPP).
  435         114. JWH-007 (1-Pentyl-2-methyl-3-(1-naphthoyl)indole).
  436         115. JWH-015 (1-Propyl-2-methyl-3-(1-naphthoyl)indole) 2
  437  Methyl-1-propyl-1H-indol-3-yl)-1-naphthalenylmethanone).
  438         116. JWH-019 (1-Hexyl-3-(1-naphthoyl)indole) Naphthalen-1
  439  yl-(1-hexylindol-3-yl)methanone).
  440         117. JWH-020 (1-Heptyl-3-(1-naphthoyl)indole).
  441         118. JWH-072 (1-Propyl-3-(1-naphthoyl)indole) Naphthalen-1
  442  yl-(1-propyl-1H-indol-3-yl)methanone).
  443         119. JWH-081 (1-Pentyl-3-(4-methoxy-1-naphthoyl)indole) 4
  444  methoxynaphthalen-1-yl-(1-pentylindol-3-yl)methanone).
  445         120. JWH-122 (1-Pentyl-3-(4-methyl-1-naphthoyl)indole).
  446         121. JWH-133 ((6aR,10aR)-6,6,9-Trimethyl-3-(2-methylpentan
  447  2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromene) ((6aR,10aR)-3
  448  (1,1-Dimethylbutyl)-6a,7,10,10a-tetrahydro-6,6,9-trimethyl-6H
  449  dibenzo[b,d]pyran)).
  450         122. JWH-175 (1-Pentyl-3-(1-naphthylmethyl)indole) 3
  451  (naphthalen-1-ylmethyl)-1-pentyl-1H-indole).
  452         123. JWH-201 (1-Pentyl-3-(4-methoxyphenylacetyl)indole).
  453         124. JWH-203 (1-Pentyl-3-(2-chlorophenylacetyl)indole) 2
  454  (2-chlorophenyl)-1-(1-pentylindol-3-yl)ethanone).
  455         125. JWH-210 (1-Pentyl-3-(4-ethyl-1-naphthoyl)indole) 4
  456  ethylnaphthalen-1-yl-(1-pentylindol-3-yl)methanone).
  457         126. JWH-250 (1-Pentyl-3-(2-methoxyphenylacetyl)indole) 2
  458  (2-methoxyphenyl)-1-(1-pentylindol-3-yl)ethanone).
  459         127. JWH-251 (1-Pentyl-3-(2-methylphenylacetyl)indole) 2
  460  (2-methylphenyl)-1-(1-pentyl-1H-indol-3-yl)ethanone).
  461         128. JWH-302 (1-Pentyl-3-(3-methoxyphenylacetyl)indole).
  462         129. JWH-398 (1-Pentyl-3-(4-chloro-1-naphthoyl)indole).
  463         130. HU-211 ((6aS,10aS)-9-(Hydroxymethyl)-6,6-dimethyl-3
  464  (2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1
  465  ol).
  466         131. HU-308 ([(1R,2R,5R)-2-[2,6-Dimethoxy-4-(2-methyloctan
  467  2-yl)phenyl]-7,7-dimethyl-4-bicyclo[3.1.1]hept-3-enyl]
  468  methanol).
  469         132. HU-331 (3-Hydroxy-2-[(1R,6R)-3-methyl-6-(1
  470  methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-2,5-cyclohexadiene
  471  1,4-dione).
  472         133. CB-13 (4-Pentyloxy-1-(1-naphthoyl)naphthalene)
  473  Naphthalen-1-yl-(4-pentyloxynaphthalen-1-yl)methanone).
  474         134. CB-25 (N-Cyclopropyl-11-(3-hydroxy-5-pentylphenoxy)
  475  undecanamide).
  476         135. CB-52 (N-Cyclopropyl-11-(2-hexyl-5-hydroxyphenoxy)-
  477  undecanamide).
  478         136. CP 55,940 (2-[3-Hydroxy-5-propanol-cyclohexyl]-5-(2
  479  methyloctan-2-yl)phenol) 2-[(1R,2R,5R)-5-hydroxy-2-(3
  480  hydroxypropyl)cyclohexyl]-5-(2-methyloctan-2-yl)phenol).
  481         137. AM-694 (1-(5-Fluoropentyl)-3-(2-iodobenzoyl)indole) 1
  482  [(5-fluoropentyl)-1H-indol-3-yl]-(2-iodophenyl)methanone).
  483         138. AM-2201 (1-(5-Fluoropentyl)-3-(1-naphthoyl)indole) 1
  484  [(5-fluoropentyl)-1H-indol-3-yl]-(naphthalen-1-yl)methanone).
  485         139. RCS-4 (1-Pentyl-3-(4-methoxybenzoyl)indole) (4
  486  methoxyphenyl) (1-pentyl-1H-indol-3-yl)methanone).
  487         140. RCS-8 (1-(2-Cyclohexylethyl)-3-(2
  488  methoxyphenylacetyl)indole) 1-(1-(2-cyclohexylethyl)-1H-indol-3
  489  yl)-2-(2-methoxyphenylethanone).
  490         141. WIN55,212-2 ((R)-(+)-[2,3-Dihydro-5-methyl-3-(4
  491  morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1
  492  naphthalenylmethanone).
  493         142. WIN55,212-3 ([(3S)-2,3-Dihydro-5-methyl-3-(4
  494  morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1
  495  naphthalenylmethanone).
  496         143. Pentedrone (alpha-Methylaminovalerophenone) 2
  497  (methylamino)-1-phenyl-1-pentanone).
  498         144. Fluoroamphetamine.
  499         145. Fluoromethamphetamine.
  500         146. Methoxetamine.
  501         147. Methiopropamine.
  502         148. 4-Methylbuphedrone (Methyl-alpha
  503  methylaminobutyrophenone) 2-Methylamino-1-(4-methylphenyl)butan
  504  1-one).
  505         149. APB ((2-Aminopropyl)benzofuran).
  506         150. APDB ((2-Aminopropyl)-2,3-dihydrobenzofuran).
  507         151. UR-144 (1-Pentyl-3-(2,2,3,3
  508  tetramethylcyclopropanoyl)indole) (1-pentyl-1H-indol-3
  509  yl)(2,2,3,3-tetramethylcyclopropyl)methanone).
  510         152. XLR11 (1-(5-Fluoropentyl)-3-(2,2,3,3
  511  tetramethylcyclopropanoyl)indole) (1-(5-fluoropentyl)-1H-indol
  512  3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone).
  513         153. Chloro UR-144 (1-(Chloropentyl)-3-(2,2,3,3
  514  tetramethylcyclopropanoyl)indole) (1-(5-chloropentyl)-1H-indol
  515  3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone.
  516         154. AKB48 (N-Adamant-1-yl 1-pentylindazole-3-carboxamide)
  517  1-pentyl-N-tricyclo[3.3.1.13,7]dec-1-yl-1H-indazole-3
  518  carboxamide).
  519         155. AM-2233(1-[(N-Methyl-2-piperidinyl)methyl]-3-(2
  520  iodobenzoyl)indole) (2-iodophenyl)[1-[(1-methyl-2
  521  piperidinyl)methyl]-1H-indol-3-yl]-methanone).
  522         156. STS-135 (N-Adamant-1-yl 1-(5-fluoropentyl)indole-3
  523  carboxamide) 1-(5-fluoropentyl)-N-tricyclo[3.3.1.13,7]dec-1-yl
  524  1H-indole-3-carboxamide).
  525         157. URB-597 ((3’-(Aminocarbonyl)[1,1’-biphenyl]-3-yl)
  526  cyclohexylcarbamate).
  527         158. URB-602 ([1,1’-Biphenyl]-3-yl-carbamic acid,
  528  cyclohexyl ester).
  529         159. URB-754 (6-Methyl-2-[(4-methylphenyl)amino]-1
  530  benzoxazin-4-one).
  531         160. 2C-D (4-Methyl-2,5-dimethoxyphenethylamine) 2-(2,5
  532  Dimethoxy-4-methylphenyl)ethanamine).
  533         161. 2C-H (2,5-Dimethoxyphenethylamine) 2-(2,5
  534  Dimethoxyphenyl)ethanamine).
  535         162. 2C-N (4-Nitro-2,5-dimethoxyphenethylamine) 2-(2,5
  536  Dimethoxy-4-nitrophenyl)ethanamine).
  537         163. 2C-P (4-(n)-Propyl-2,5-dimethoxyphenethylamine) 2
  538  (2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine).
  539         164. 25I-NBOMe (4-Iodo-2,5-dimethoxy-[N-(2
  540  methoxybenzyl)]phenethylamine) 4-iodo-2,5-dimethoxy-N-[(2
  541  methoxyphenyl)methyl]-benzeneethanamine).
  542         165. MDMA (3,4-Methylenedioxymethamphetamine) (MDMA).
  543         166. PB-22 (8-Quinolinyl 1-pentylindole-3-carboxylate) 1
  544  pentyl-8-quinolinyl ester-1H-indole-3-carboxylic acid).
  545         167. 5-Fluoro PB-22 (8-Quinolinyl 1-(fluoropentyl)indole-3
  546  carboxylate) 8-quinolinyl ester-1-(5-fluoropentyl)-1H-indole-3
  547  carboxylic acid).
  548         168. BB-22 (8-Quinolinyl 1-(cyclohexylmethyl)indole-3
  549  carboxylate) 1-(cyclohexylmethyl)-8-quinolinyl ester-1H-indole
  550  3-carboxylic acid).
  551         169. 5-Fluoro AKB48 (N-Adamant-1-yl 1
  552  (fluoropentyl)indazole-3-carboxamide) N-((3s,5s,7s)-adamantan-1
  553  yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide).
  554         170. AB-PINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1
  555  pentylindazole-3-carboxamide) N-(1-Amino-3-methyl-1-oxobutan-2
  556  yl)-1-pentyl-1H-indazole-3-carboxamide).
  557         171. AB-FUBINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1
  558  (4-fluorobenzyl)indazole-3-carboxamide) N-(1-Amino-3-methyl-1
  559  oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide).
  560         172. ADB-PINACA (N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl)
  561  1-pentylindazole-3-carboxamide) N-(1-Amino-3,3-dimethyl-1
  562  oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide).
  563         173. Fluoro ADBICA (N-(1-Amino-3,3-dimethyl-1-oxobutan-2
  564  yl)-1-(fluoropentyl)indole-3-carboxamide) N-(1-Amino-3,3
  565  dimethyl-1-oxobutan-2-yl)-1-(fluoropentyl)-1H-indole-3
  566  carboxamide).
  567         174. 25B-NBOMe (4-Bromo-2,5-dimethoxy-[N-(2
  568  methoxybenzyl)]phenethylamine) 4-bromo-2,5-dimethoxy-N-[(2
  569  methoxyphenyl)methyl]-benzeneethanamine).
  570         175. 25C-C-NBOMe (4-Chloro-2,5-dimethoxy-[N-(2
  571  methoxybenzyl)]phenethylamine) 4-chloro-2,5-dimethoxy-N-[(2
  572  methoxyphenyl)methyl]-benzeneethanamine).
  573         176. AB-CHMINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1
  574  (cyclohexylmethyl)indazole-3-carboxamide): N-[1-(aminocarbonyl)
  575  2-methylpropyl]-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide.
  576         177. FUB-PB-22 (8-Quinolinyl 1-(4-fluorobenzyl)indole-3
  577  carboxylate): Quinolin-8-yl-1-(4-fluorobenzyl)-1H-indole-3
  578  carboxylate.
  579         178. Fluoro-NNEI (N-Naphthalen-1-yl 1-(fluoropentyl)indole
  580  3-carboxamide): 1-(Fluoropentyl)-N-(naphthalen-1-yl)-1H-indole
  581  3-carboxamide.
  582         179. Fluoro-AMB (N-(1-Methoxy-3-methyl-1-oxobutan-2-yl)-1
  583  (fluoropentyl)indazole-3-carboxamide): Methyl 2-(1
  584  (fluoropentyl)-1H-indazole-3-carboxamido)-3-methylbutanoate.
  585         180. THJ-2201 (1-(5-Fluoropentyl)-3-(1-naphthoyl)indazole):
  586  [1-(5-Fluoropentyl)-1H-indazol-3-yl](naphthalen-1-yl)methanone.
  587         181. AM-855 ((4aR,12bR)-8-Hexyl-2,5,5-trimethyl
  588  1,4,4a,8,9,10,11,12b-octahydronaphtho[3,2-c]isochromen-12-ol).
  589         182. AM-905 ((6aR,9R,10aR)-3-[(E)-Hept-1-enyl]-9
  590  (hydroxymethyl)-6,6-dimethyl-6a,7,8,9,10,10a
  591  hexahydrobenzo[c]chromen-1-ol).
  592         183. AM-906 ((6aR,9R,10aR)-3-[(Z)-Hept-1-enyl]-9
  593  (hydroxymethyl)-6,6-dimethyl-6a,7,8,9,10,10a
  594  hexahydrobenzo[c]chromen-1-ol).
  595         184. AM-2389 ((6aR,9R,10aR)-3-(1-Hexyl-cyclobut-1-yl)
  596  6a,7,8,9,10,10a-hexahydro-6,6-dimethyl-6H-dibenzo[b,d]pyran-1,9
  597  diol).
  598         185. HU-243 ((6aR,8S,9S,10aR)-9-(Hydroxymethyl)-6,6
  599  dimethyl-3-(2-methyloctan-2-yl)-8,9-ditritio-7,8,10,10a
  600  tetrahydro-6aH-benzo[c]chromen-1-ol).
  601         186. HU-336 ((6aR,10aR)-6,6,9-Trimethyl-3-pentyl
  602  6a,7,10,10a-tetrahydro-1H-benzo[c]chromene-1,4(6H)-dione).
  603         187. MAPB ((2-Methylaminopropyl)benzofuran).
  604         188. 5-IT (2-(1H-Indol-5-yl)-1-methyl-ethylamine).
  605         189. 6-IT (2-(1H-Indol-6-yl)-1-methyl-ethylamine).
  606         190. Synthetic Cannabinoids. Unless specifically excepted
  607  or unless listed in another schedule or contained within a
  608  pharmaceutical product approved by the United States Food and
  609  Drug Administration, any material, compound, mixture, or
  610  preparation that contains any quantity of a synthetic
  611  cannabinoid found to be in any of the following chemical class
  612  descriptions, or homologues, nitrogen-heterocyclic analogs,
  613  isomers (including optical, positional, or geometric), esters,
  614  ethers, salts, and salts of homologues, nitrogen-heterocyclic
  615  analogs, isomers, esters, or ethers, whenever the existence of
  616  such homologues, nitrogen-heterocyclic analogs, isomers, esters,
  617  ethers, salts, and salts of isomers, esters, or ethers is
  618  possible within the specific chemical class or designation.
  619  Since nomenclature of these synthetically produced cannabinoids
  620  is not internationally standardized and may continually evolve,
  621  these structures or the compounds of these structures shall be
  622  included under this subparagraph, regardless of their specific
  623  numerical designation of atomic positions covered, if it can be
  624  determined through a recognized method of scientific testing or
  625  analysis that the substance contains properties that fit within
  626  one or more of the following categories:
  627         a. Tetrahydrocannabinols. Any tetrahydrocannabinols
  628  naturally contained in a plant of the genus Cannabis, the
  629  synthetic equivalents of the substances contained in the plant
  630  or in the resinous extracts of the genus Cannabis, or synthetic
  631  substances, derivatives, and their isomers with similar chemical
  632  structure and pharmacological activity, including, but not
  633  limited to, Delta 9 tetrahydrocannabinols and their optical
  634  isomers, Delta 8 tetrahydrocannabinols and their optical
  635  isomers, Delta 6a,10a tetrahydrocannabinols and their optical
  636  isomers, or any compound containing a tetrahydrobenzo[c]chromene
  637  structure with substitution at either or both the 3-position or
  638  9-position, with or without substitution at the 1-position with
  639  hydroxyl or alkoxy groups, including, but not limited to:
  640         (I) Tetrahydrocannabinol.
  641         (II) HU-210 ((6aR,10aR)-9-(Hydroxymethyl)-6,6-dimethyl-3
  642  (2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1
  643  ol).
  644         (III) HU-211 ((6aS,10aS)-9-(Hydroxymethyl)-6,6-dimethyl-3
  645  (2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1
  646  ol).
  647         (IV) JWH-051 ((6aR,10aR)-9-(Hydroxymethyl)-6,6-dimethyl-3
  648  (2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromene).
  649         (V) JWH-133 ((6aR,10aR)-6,6,9-Trimethyl-3-(2-methylpentan
  650  2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromene).
  651         (VI) JWH-057 ((6aR,10aR)-6,6,9-Trimethyl-3-(2-methyloctan
  652  2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromene).
  653         (VII) JWH-359 ((6aR,10aR)-1-Methoxy-6,6,9-trimethyl-3-(2,3
  654  dimethylpentan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromene).
  655         (VIII) AM-087 ((6aR,10aR)-3-(2-Methyl-6-bromohex-2-yl)
  656  6,6,9-trimethyl-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol).
  657         (IX) AM-411 ((6aR,10aR)-3-(1-Adamantyl)-6,6,9-trimethyl
  658  6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol).
  659         (X) Parahexyl.
  660         b. Naphthoylindoles, Naphthoylindazoles,
  661  Naphthoylcarbazoles, Naphthylmethylindoles,
  662  Naphthylmethylindazoles, and Naphthylmethylcarbazoles. Any
  663  compound containing a naphthoylindole, naphthoylindazole,
  664  naphthoylcarbazole, naphthylmethylindole,
  665  naphthylmethylindazole, or naphthylmethylcarbazole structure,
  666  with or without substitution on the indole, indazole, or
  667  carbazole ring to any extent, whether or not substituted on the
  668  naphthyl ring to any extent, including, but not limited to:
  669         (I) JWH-007 (1-Pentyl-2-methyl-3-(1-naphthoyl)indole).
  670         (II) JWH-011 (1-(1-Methylhexyl)-2-methyl-3-(1
  671  naphthoyl)indole).
  672         (III) JWH-015 (1-Propyl-2-methyl-3-(1-naphthoyl)indole).
  673         (IV) JWH-016 (1-Butyl-2-methyl-3-(1-naphthoyl)indole).
  674         (V) JWH-018 (1-Pentyl-3-(1-naphthoyl)indole).
  675         (VI) JWH-019 (1-Hexyl-3-(1-naphthoyl)indole).
  676         (VII) JWH-020 (1-Heptyl-3-(1-naphthoyl)indole).
  677         (VIII) JWH-022 (1-(4-Pentenyl)-3-(1-naphthoyl)indole).
  678         (IX) JWH-071 (1-Ethyl-3-(1-naphthoyl)indole).
  679         (X) JWH-072 (1-Propyl-3-(1-naphthoyl)indole).
  680         (XI) JWH-073 (1-Butyl-3-(1-naphthoyl)indole).
  681         (XII) JWH-080 (1-Butyl-3-(4-methoxy-1-naphthoyl)indole).
  682         (XIII) JWH-081 (1-Pentyl-3-(4-methoxy-1-naphthoyl)indole).
  683         (XIV) JWH-098 (1-Pentyl-2-methyl-3-(4-methoxy-1
  684  naphthoyl)indole).
  685         (XV) JWH-116 (1-Pentyl-2-ethyl-3-(1-naphthoyl)indole).
  686         (XVI) JWH-122 (1-Pentyl-3-(4-methyl-1-naphthoyl)indole).
  687         (XVII) JWH-149 (1-Pentyl-2-methyl-3-(4-methyl-1
  688  naphthoyl)indole).
  689         (XVIII) JWH-164 (1-Pentyl-3-(7-methoxy-1-naphthoyl)indole).
  690         (XIX) JWH-175 (1-Pentyl-3-(1-naphthylmethyl)indole).
  691         (XX) JWH-180 (1-Propyl-3-(4-propyl-1-naphthoyl)indole).
  692         (XXI) JWH-182 (1-Pentyl-3-(4-propyl-1-naphthoyl)indole).
  693         (XXII) JWH-184 (1-Pentyl-3-[(4-methyl)-1
  694  naphthylmethyl]indole).
  695         (XXIII) JWH-193 (1-[2-(4-Morpholinyl)ethyl]-3-(4-methyl-1
  696  naphthoyl)indole).
  697         (XXIV) JWH-198 (1-[2-(4-Morpholinyl)ethyl]-3-(4-methoxy-1
  698  naphthoyl)indole).
  699         (XXV) JWH-200 (1-[2-(4-Morpholinyl)ethyl]-3-(1-naphthoyl)
  700  indole).
  701         (XXVI) JWH-210 (1-Pentyl-3-(4-ethyl-1-naphthoyl)indole).
  702         (XXVII) JWH-387 (1-Pentyl-3-(4-bromo-1-naphthoyl)indole).
  703         (XXVIII) JWH-398 (1-Pentyl-3-(4-chloro-1-naphthoyl)indole).
  704         (XXVIX) JWH-412 (1-Pentyl-3-(4-fluoro-1-naphthoyl)indole).
  705         (XXX) JWH-424 (1-Pentyl-3-(8-bromo-1-naphthoyl)indole).
  706         (XXXI) AM-1220 (1-[(1-Methyl-2-piperidinyl)methyl]-3-(1
  707  naphthoyl)indole).
  708         (XXXII) AM-1235 (1-(5-Fluoropentyl)-6-nitro-3-(1
  709  naphthoyl)indole).
  710         (XXXIII) AM-2201 (1-(5-Fluoropentyl)-3-(1
  711  naphthoyl)indole).
  712         (XXXIV) Chloro JWH-018 (1-(Chloropentyl)-3-(1
  713  naphthoyl)indole).
  714         (XXXV) Bromo JWH-018 (1-(Bromopentyl)-3-(1
  715  naphthoyl)indole).
  716         (XXXVI) AM-2232 (1-(4-Cyanobutyl)-3-(1-naphthoyl)indole).
  717         (XXXVII) THJ-2201 (1-(5-Fluoropentyl)-3-(1
  718  naphthoyl)indazole).
  719         (XXXVIII) MAM-2201 (1-(5-Fluoropentyl)-3-(4-methyl-1
  720  naphthoyl)indole).
  721         (XXXIX) EAM-2201 (1-(5-Fluoropentyl)-3-(4-ethyl-1
  722  naphthoyl)indole).
  723         (XL) EG-018 (9-Pentyl-3-(1-naphthoyl)carbazole).
  724         (XLI) EG-2201 (9-(5-Fluoropentyl)-3-(1
  725  naphthoyl)carbazole).
  726         c. Naphthoylpyrroles. Any compound containing a
  727  naphthoylpyrrole structure, with or without substitution on the
  728  pyrrole ring to any extent, whether or not substituted on the
  729  naphthyl ring to any extent, including, but not limited to:
  730         (I) JWH-030 (1-Pentyl-3-(1-naphthoyl)pyrrole).
  731         (II) JWH-031 (1-Hexyl—3-(1-naphthoyl)pyrrole).
  732         (III) JWH-145 (1-Pentyl-5-phenyl-3-(1-naphthoyl)pyrrole).
  733         (IV) JWH-146 (1-Heptyl-5-phenyl-3-(1-naphthoyl)pyrrole).
  734         (V) JWH-147 (1-Hexyl-5-phenyl-3-(1-naphthoyl)pyrrole).
  735         (VI) JWH-307 (1-Pentyl-5-(2-fluorophenyl)-3-(1
  736  naphthoyl)pyrrole).
  737         (VII) JWH-309 (1-Pentyl-5-(1-naphthalenyl)-3-(1
  738  naphthoyl)pyrrole).
  739         (VIII) JWH-368 (1-Pentyl-5-(3-fluorophenyl)-3-(1
  740  naphthoyl)pyrrole).
  741         (IX) JWH-369 (1-Pentyl-5-(2-chlorophenyl)-3-(1
  742  naphthoyl)pyrrole).
  743         (X) JWH-370 (1-Pentyl-5-(2-methylphenyl)-3-(1
  744  naphthoyl)pyrrole).
  745         d. Naphthylmethylenindenes. Any compound containing a
  746  naphthylmethylenindene structure, with or without substitution
  747  at the 3-position of the indene ring to any extent, whether or
  748  not substituted on the naphthyl ring to any extent, including,
  749  but not limited to, JWH-176 (3-Pentyl-1
  750  (naphthylmethylene)indene).
  751         e. Phenylacetylindoles and Phenylacetylindazoles. Any
  752  compound containing a phenylacetylindole or phenylacetylindazole
  753  structure, with or without substitution on the indole or
  754  indazole ring to any extent, whether or not substituted on the
  755  phenyl ring to any extent, including, but not limited to:
  756         (I) JWH-167 (1-Pentyl-3-(phenylacetyl)indole).
  757         (II) JWH-201 (1-Pentyl-3-(4-methoxyphenylacetyl)indole).
  758         (III) JWH-203 (1-Pentyl-3-(2-chlorophenylacetyl)indole).
  759         (IV) JWH-250 (1-Pentyl-3-(2-methoxyphenylacetyl)indole).
  760         (V) JWH-251 (1-Pentyl-3-(2-methylphenylacetyl)indole).
  761         (VI) JWH-302 (1-Pentyl-3-(3-methoxyphenylacetyl)indole).
  762         (VII) Cannabipiperidiethanone.
  763         (VIII) RCS-8 (1-(2-Cyclohexylethyl)-3-(2
  764  methoxyphenylacetyl)indole).
  765         f. Cyclohexylphenols. Any compound containing a
  766  cyclohexylphenol structure, with or without substitution at the
  767  5-position of the phenolic ring to any extent, whether or not
  768  substituted on the cyclohexyl ring to any extent, including, but
  769  not limited to:
  770         (I) CP 47,497 (2-(3-Hydroxycyclohexyl)-5-(2-methyloctan-2
  771  yl)phenol).
  772         (II) Cannabicyclohexanol (CP 47,497 dimethyloctyl (C8)
  773  homologue).
  774         (III) CP-55,940 (2-(3-Hydroxy-5-propanol-cyclohexyl)-5-(2
  775  methyloctan-2-yl)phenol).
  776         g. Benzoylindoles and Benzoylindazoles. Any compound
  777  containing a benzoylindole or benzoylindazole structure, with or
  778  without substitution on the indole or indazole ring to any
  779  extent, whether or not substituted on the phenyl ring to any
  780  extent, including, but not limited to:
  781         (I) AM-679 (1-Pentyl-3-(2-iodobenzoyl)indole).
  782         (II) AM-694 (1-(5-Fluoropentyl)-3-(2-iodobenzoyl)indole).
  783         (III) AM-1241 (1-[(N-Methyl-2-piperidinyl)methyl]-3-(2
  784  iodo-5-nitrobenzoyl)indole).
  785         (IV) Pravadoline (1-[2-(4-Morpholinyl)ethyl]-2-methyl-3-(4
  786  methoxybenzoyl)indole).
  787         (V) AM-2233 (1-[(N-Methyl-2-piperidinyl)methyl]-3-(2
  788  iodobenzoyl)indole).
  789         (VI) RCS-4 (1-Pentyl-3-(4-methoxybenzoyl)indole).
  790         (VII) RCS-4 C4 homologue (1-Butyl-3-(4
  791  methoxybenzoyl)indole).
  792         (VIII) AM-630 (1-[2-(4-Morpholinyl)ethyl]-2-methyl-6-iodo
  793  3-(4-methoxybenzoyl)indole).
  794         h. Tetramethylcyclopropanoylindoles and
  795  Tetramethylcyclopropanoylindazoles. Any compound containing a
  796  tetramethylcyclopropanoylindole or
  797  tetramethylcyclopropanoylindazole structure, with or without
  798  substitution on the indole or indazole ring to any extent,
  799  whether or not substituted on the tetramethylcyclopropyl group
  800  to any extent, including, but not limited to:
  801         (I) UR-144 (1-Pentyl-3-(2,2,3,3
  802  tetramethylcyclopropanoyl)indole).
  803         (II) XLR11 (1-(5-Fluoropentyl)-3-(2,2,3,3
  804  tetramethylcyclopropanoyl)indole).
  805         (III) Chloro UR-144 (1-(Chloropentyl)-3-(2,2,3,3
  806  tetramethylcyclopropanoyl)indole).
  807         (IV) A-796,260 (1-[2-(4-Morpholinyl)ethyl]-3-(2,2,3,3
  808  tetramethylcyclopropanoyl)indole).
  809         (V) A-834,735 (1-[4-(Tetrahydropyranyl)methyl]-3-(2,2,3,3
  810  tetramethylcyclopropanoyl)indole).
  811         (VI) M-144 (1-(5-Fluoropentyl)-2-methyl-3-(2,2,3,3
  812  tetramethylcyclopropanoyl)indole).
  813         (VII) FUB-144 (1-(4-Fluorobenzyl)-3-(2,2,3,3
  814  tetramethylcyclopropanoyl)indole).
  815         (VIII) FAB-144 (1-(5-Fluoropentyl)-3-(2,2,3,3
  816  tetramethylcyclopropanoyl)indazole).
  817         (IX) XLR12 (1-(4,4,4-Trifluorobutyl)-3-(2,2,3,3
  818  tetramethylcyclopropanoyl)indole).
  819         (X) AB-005 (1-[(1-Methyl-2-piperidinyl)methyl]-3-(2,2,3,3
  820  tetramethylcyclopropanoyl)indole).
  821         i. Adamantoylindoles, Adamantoylindazoles, Adamantylindole
  822  carboxamides, and Adamantylindazole carboxamides. Any compound
  823  containing an adamantoyl indole, adamantoyl indazole, adamantyl
  824  indole carboxamide, or adamantyl indazole carboxamide structure,
  825  with or without substitution on the indole or indazole ring to
  826  any extent, whether or not substituted on the adamantyl ring to
  827  any extent, including, but not limited to:
  828         (I) AKB48 (N-Adamant-1-yl 1-pentylindazole-3-carboxamide).
  829         (II) Fluoro AKB48 (N-Adamant-1-yl 1-(fluoropentyl)indazole
  830  3-carboxamide).
  831         (III) STS-135 (N-Adamant-1-yl 1-(5-fluoropentyl)indole-3
  832  carboxamide).
  833         (IV) AM-1248 (1-(1-Methylpiperidine)methyl-3-(1
  834  adamantoyl)indole).
  835         (V) AB-001 (1-Pentyl-3-(1-adamantoyl)indole).
  836         (VI) APICA (N-Adamant-1-yl 1-pentylindole-3-carboxamide).
  837         (VII)Fluoro AB-001 (1-(Fluoropentyl)-3-(1
  838  adamantoyl)indole).
  839         j.Quinolinylindolecarboxylates,
  840  Quinolinylindazolecarboxylates, Quinolinylindolecarboxamides,
  841  and Quinolinylindazolecarboxamides. Any compound containing a
  842  quinolinylindole carboxylate, quinolinylindazole carboxylate,
  843  isoquinolinylindole carboxylate, isoquinolinylindazole
  844  carboxylate, quinolinylindole carboxamide, quinolinylindazole
  845  carboxamide, isoquinolinylindole carboxamide, or
  846  isoquinolinylindazole carboxamide structure, with or without
  847  substitution on the indole or indazole ring to any extent,
  848  whether or not substituted on the quinoline or isoquinoline ring
  849  to any extent, including, but not limited to:
  850         (I) PB-22 (8-Quinolinyl 1-pentylindole-3-carboxylate).
  851         (II) Fluoro PB-22 (8-Quinolinyl 1-(fluoropentyl)indole-3
  852  carboxylate).
  853         (III) BB-22 (8-Quinolinyl 1-(cyclohexylmethyl)indole-3
  854  carboxylate).
  855         (IV) FUB-PB-22 (8-Quinolinyl 1-(4-fluorobenzyl)indole-3
  856  carboxylate).
  857         (V) NPB-22 (8-Quinolinyl 1-pentylindazole-3-carboxylate).
  858         (VI) Fluoro NPB-22 (8-Quinolinyl 1-(fluoropentyl)indazole
  859  3-carboxylate).
  860         (VII) FUB-NPB-22 (8-Quinolinyl 1-(4-fluorobenzyl)indazole
  861  3-carboxylate).
  862         (VIII) THJ (8-Quinolinyl 1-pentylindazole-3-carboxamide).
  863         (IX) Fluoro THJ (8-Quinolinyl 1-(fluoropentyl)indazole-3
  864  carboxamide).
  865         k. Naphthylindolecarboxylates and
  866  Naphthylindazolecarboxylates. Any compound containing a
  867  naphthylindole carboxylate or naphthylindazole carboxylate
  868  structure, with or without substitution on the indole or
  869  indazole ring to any extent, whether or not substituted on the
  870  naphthyl ring to any extent, including, but not limited to:
  871         (I) NM-2201 (1-Naphthalenyl 1-(5-fluoropentyl)indole-3
  872  carboxylate).
  873         (II) SDB-005 (1-Naphthalenyl 1-pentylindazole-3
  874  carboxylate).
  875         (III) Fluoro SDB-005 (1-Naphthalenyl 1
  876  (fluoropentyl)indazole-3-carboxylate).
  877         (IV) FDU-PB-22 (1-Naphthalenyl 1-(4-fluorobenzyl)indole-3
  878  carboxylate).
  879         (V) 3-CAF (2-Naphthalenyl 1-(2-fluorophenyl)indazole-3
  880  carboxylate).
  881         l. Naphthylindole carboxamides and Naphthylindazole
  882  carboxamides. Any compound containing a naphthylindole
  883  carboxamide or naphthylindazole carboxamide structure, with or
  884  without substitution on the indole or indazole ring to any
  885  extent, whether or not substituted on the naphthyl ring to any
  886  extent, including, but not limited to:
  887         (I) NNEI (N-Naphthalen-1-yl 1-pentylindole-3-carboxamide).
  888         (II) Fluoro-NNEI (N-Naphthalen-1-yl 1-(fluoropentyl)indole
  889  3-carboxamide).
  890         (III) Chloro-NNEI (N-Naphthalen-1-yl 1-(chloropentyl)
  891  indole-3-carboxamide).
  892         (IV) MN-18 (N-Naphthalen-1-yl 1-pentylindazole-3
  893  carboxamide).
  894         (V) Fluoro MN-18 (N-Naphthalen-1-yl 1
  895  (fluoropentyl)indazole-3-carboxamide).
  896         m. Alkylcarbonyl indole carboxamides, Alkylcarbonyl
  897  indazole carboxamides, Alkylcarbonyl indole carboxylates, and
  898  Alkylcarbonyl indazole carboxylates. Any compound containing an
  899  alkylcarbonyl group, including 1-amino-3-methyl-1-oxobutan-2-yl,
  900  1-methoxy-3-methyl-1-oxobutan-2-yl, 1-amino-1-oxo-3
  901  phenylpropan-2-yl, 1-methoxy-1-oxo-3-phenylpropan-2-yl, with an
  902  indole carboxamide, indazole carboxamide, indole carboxylate, or
  903  indazole carboxylate, with or without substitution on the indole
  904  or indazole ring to any extent, whether or not substituted on
  905  the alkylcarbonyl group to any extent, including, but not
  906  limited to:
  907         (I)ADBICA, (N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl)-1
  908  pentylindole-3-carboxamide).
  909         (II)Fluoro ADBICA (N-(1-Amino-3,3-dimethyl-1-oxobutan-2
  910  yl)-1-(fluoropentyl)indole-3-carboxamide).
  911         (III)Fluoro ABICA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1
  912  (fluoropentyl)indole-3-carboxamide).
  913         (IV)AB-PINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1
  914  pentylindazole-3-carboxamide).
  915         (V)Fluoro AB-PINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)
  916  1-(fluoropentyl)indazole-3-carboxamide).
  917         (VI)ADB-PINACA (N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl)
  918  1-pentylindazole-3-carboxamide).
  919         (VII)Fluoro ADB-PINACA (N-(1-Amino-3,3-dimethyl-1
  920  oxobutan-2-yl)-1-(fluoropentyl)indazole-3-carboxamide).
  921         (VIII)AB-FUBINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1
  922  (4-fluorobenzyl)indazole-3-carboxamide).
  923         (IX)ADB-FUBINACA (N-(1-Amino-3,3-dimethyl-1-oxobutan-2
  924  yl)-1-(4-fluorobenzyl)indazole-3-carboxamide).
  925         (X)AB-CHMINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1
  926  (cyclohexylmethyl)indazole-3-carboxamide).
  927         (XI)MA-CHMINACA (N-(1-Methoxy-3-methyl-1-oxobutan-2-yl)-1
  928  (cyclohexylmethyl)indazole-3-carboxamide).
  929         (XII)MAB-CHMINACA (N-(1-Amino-3,3-dimethyl-1-oxobutan-2
  930  yl)-1-(cyclohexylmethyl)indazole-3-carboxamide).
  931         (XIII)AMB (N-(1-Methoxy-3-methyl-1-oxobutan-2-yl)-1
  932  pentylindazole-3-carboxamide).
  933         (XIV)Fluoro AMB (N-(1-Methoxy-3-methyl-1-oxobutan-2-yl)-1
  934  (fluoropentyl)indazole-3-carboxamide).
  935         (XV)FUB-AMB (N-(1-Methoxy-3-methyl-1-oxobutan-2-yl)-1-(4
  936  fluorobenzyl)indazole-3-carboxamide).
  937         (XVI)MDMB-CHMINACA (N-(1-Methoxy-3,3-dimethyl-1-oxobutan
  938  2-yl)-1-(cyclohexylmethyl)indazole-3-carboxamide).
  939         (XVII)MDMB-FUBINACA (N-(1-Methoxy-3,3-dimethyl-1-oxobutan
  940  2-yl)-1-(4-fluorobenzyl)indazole-3-carboxamide).
  941         (XVIII)MDMB-CHMICA (N-(1-Methoxy-3,3-dimethyl-1-oxobutan
  942  2-yl)-1-(cyclohexylmethyl)indole-3-carboxamide).
  943         (XIX) PX-1 (N-(1-Amino-1-oxo-3-phenylpropan-2-yl)-1-(5
  944  fluoropentyl)indole-3-carboxamide).
  945         (XX)PX-2 (N-(1-Amino-1-oxo-3-phenylpropan-2-yl)-1-(5
  946  fluoropentyl)indazole-3-carboxamide).
  947         (XXI)PX-3 (N-(1-Amino-1-oxo-3-phenylpropan-2-yl)-1
  948  (cyclohexylmethyl)indazole-3-carboxamide).
  949         (XXII)PX-4 (N-(1-Amino-1-oxo-3-phenylpropan-2-yl)-1-(4
  950  fluorobenzyl)indazole-3-carboxamide).
  951         (XXIII)MO-CHMINACA (N-(1-Methoxy-3,3-dimethyl-1-oxobutan
  952  2-yl)-1-(cyclohexylmethyl)indazole-3-carboxylate).
  953         n. Cumylindolecarboxamides and Cumylindazolecarboxamides.
  954  Any compound containing a N-(2-phenylpropan-2-yl) indole
  955  carboxamide or N-(2-phenylpropan-2-yl) indazole carboxamide
  956  structure, with or without substitution on the indole or
  957  indazole ring to any extent, whether or not substituted on the
  958  phenyl ring of the cumyl group to any extent, including, but not
  959  limited to:
  960         (I) CUMYL-PICA (N-(2-Phenylpropan-2-yl)-1-pentylindole-3
  961  carboxamide).
  962         (II) Fluoro CUMYL-PICA (N-(2-Phenylpropan-2-yl)-1
  963  (fluoropentyl)indole-3-carboxamide).
  964         o. Other Synthetic Cannabinoids. Any material, compound,
  965  mixture, or preparation that contains any quantity of a
  966  Synthetic Cannabinoid, as described in sub-subparagraphs a.-n.:
  967         (I) With or without modification or replacement of a
  968  carbonyl, carboxamide, alkylene, alkyl, or carboxylate linkage
  969  between either two core rings, or linkage between a core ring
  970  and group structure, with or without the addition of a carbon or
  971  replacement of a carbon;
  972         (II) With or without replacement of a core ring or group
  973  structure, whether or not substituted on the ring or group
  974  structures to any extent; and
  975         (III) Is a cannabinoid receptor agonist, unless
  976  specifically excepted or unless listed in another schedule or
  977  contained within a pharmaceutical product approved by the United
  978  States Food and Drug Administration.
  979         191.Substituted Cathinones. Unless specifically excepted,
  980  listed in another schedule, or contained within a pharmaceutical
  981  product approved by the United States Food and Drug
  982  Administration, any material, compound, mixture, or preparation,
  983  including its salts, isomers, esters, or ethers, and salts of
  984  isomers, esters, or ethers, whenever the existence of such salts
  985  is possible within any of the following specific chemical
  986  designations:
  987         a. Any compound containing a 2-amino-1-phenyl-1 propanone
  988  structure;
  989         b. Any compound containing a 2-amino-1-naphthyl-1-propanone
  990  structure; or
  991         c. Any compound containing a 2-amino-1-thiophene-1
  992  propanone structure,
  993  
  994  whether or not the compound is further modified:
  995         (I) With or without substitution on the ring system to any
  996  extent with alkyl, alkylthio, thio, fused alkylenedioxy, alkoxy,
  997  haloalkyl, hydroxyl, nitro, fused furan, fused benzofuran, fused
  998  dihydrofuran, fused tetrahydropyran, fused alkyl ring, or halide
  999  substituents;
 1000         (II) With or without substitution at the 3-propanone
 1001  position with an alkyl substituent or removal of the methyl
 1002  group at the 3-propanone position;
 1003         (III) With or without substitution at the 2-amino nitrogen
 1004  atom with alkyl, dialkyl, acetyl, or benzyl groups, whether or
 1005  not further substituted in the ring system; or
 1006         (IV) With or without inclusion of the 2-amino nitrogen atom
 1007  in a cyclic structure, including, but not limited to:
 1008         (A) Methcathinone.
 1009         (B) Ethcathinone.
 1010         (C) Methylone (3,4-Methylenedioxymethcathinone).
 1011         (D) 2,3-Methylenedioxymethcathinone.
 1012         (E) MDPV (3,4-Methylenedioxypyrovalerone).
 1013         (F) Methylmethcathinone.
 1014         (G) Methoxymethcathinone.
 1015         (H) Fluoromethcathinone.
 1016         (I) Methylethcathinone.
 1017         (J) Butylone (3,4-Methylenedioxy-alpha
 1018  methylaminobutyrophenone).
 1019         (K) Ethylone (3,4-Methylenedioxy-N-ethylcathinone).
 1020         (L) BMDP (3,4-Methylenedioxy-N-benzylcathinone).
 1021         (M) Naphyrone (Naphthylpyrovalerone).
 1022         (N) Bromomethcathinone.
 1023         (O) Buphedrone (alpha-Methylaminobutyrophenone).
 1024         (P) Eutylone (3,4-Methylenedioxy-alpha
 1025  ethylaminobutyrophenone).
 1026         (Q) Dimethylcathinone.
 1027         (R) Dimethylmethcathinone.
 1028         (S) Pentylone (3,4-Methylenedioxy-alpha
 1029  methylaminovalerophenone).
 1030         (T) Pentedrone (alpha-Methylaminovalerophenone).
 1031         (U) MDPPP (3,4-Methylenedioxy-alpha
 1032  pyrrolidinopropiophenone).
 1033         (V) MDPBP (3,4-Methylenedioxy-alpha
 1034  pyrrolidinobutyrophenone).
 1035         (W) MPPP (Methyl-alpha-pyrrolidinopropiophenone).
 1036         (X) PPP (Pyrrolidinopropiophenone).
 1037         (Y) PVP (Pyrrolidinovalerophenone) or
 1038  (Pyrrolidinopentiophenone).
 1039         (Z) MOPPP (Methoxy-alpha-pyrrolidinopropiophenone).
 1040         (AA) MPHP (Methyl-alpha-pyrrolidinohexanophenone).
 1041         (BB) F-MABP (Fluoromethylaminobutyrophenone).
 1042         (CC) Me-EABP (Methylethylaminobutyrophenone).
 1043         (DD) PBP (Pyrrolidinobutyrophenone).
 1044         (EE) MeO-PBP (Methoxypyrrolidinobutyrophenone).
 1045         (FF) Et-PBP (Ethylpyrrolidinobutyrophenone).
 1046         (GG) 3-Me-4-MeO-MCAT (3-Methyl-4-Methoxymethcathinone).
 1047         (HH) Dimethylone (3,4-Methylenedioxy-N,N
 1048  dimethylcathinone).
 1049         (II) 3,4-Methylenedioxy-N,N-diethylcathinone.
 1050         (JJ) 3,4-Methylenedioxy-N-acetylcathinone.
 1051         (KK) 3,4-Methylenedioxy-N-acetylmethcathinone.
 1052         (LL) 3,4-Methylenedioxy-N-acetylethcathinone.
 1053         (MM) Methylbuphedrone (Methyl-alpha
 1054  methylaminobutyrophenone).
 1055         (NN) Methyl-alpha-methylaminohexanophenone.
 1056         (OO) N-Ethyl-N-methylcathinone.
 1057         (PP) PHP (Pyrrolidinohexanophenone).
 1058         (QQ) PV8 (Pyrrolidinoheptanophenone).
 1059         (RR) Chloromethcathinone.
 1060         (SS) 4-Bromo-2,5-dimethoxy-alpha-aminoacetophenone.
 1061         192. Substituted Phenethylamines. Unless specifically
 1062  excepted or unless listed in another schedule, or contained
 1063  within a pharmaceutical product approved by the United States
 1064  Food and Drug Administration, any material, compound, mixture,
 1065  or preparation, including its salts, isomers, esters, or ethers,
 1066  and salts of isomers, esters, or ethers, whenever the existence
 1067  of such salts is possible within any of the following specific
 1068  chemical designations, any compound containing a phenethylamine
 1069  structure, without a beta-keto group, and without a benzyl group
 1070  attached to the amine group, whether or not the compound is
 1071  further modified with or without substitution on the phenyl ring
 1072  to any extent with alkyl, alkylthio, nitro, alkoxy, thio,
 1073  halide, fused alkylenedioxy, fused furan, fused benzofuran,
 1074  fused dihydrofuran, or fused tetrahydropyran substituents,
 1075  whether or not further substituted on a ring to any extent, with
 1076  or without substitution at the alpha or beta position by any
 1077  alkyl substituent, with or without substitution at the nitrogen
 1078  atom, and with or without inclusion of the 2-amino nitrogen atom
 1079  in a cyclic structure, including, but not limited to:
 1080         a. 2C-B (4-Bromo-2,5-dimethoxyphenethylamine).
 1081         b. 2C-E (4-Ethyl-2,5-dimethoxyphenethylamine).
 1082         c. 2C-T-4 (4-Isopropylthio-2,5-dimethoxyphenethylamine).
 1083         d. 2C-C (4-Chloro-2,5-dimethoxyphenethylamine).
 1084         e. 2C-T (4-Methylthio-2,5-dimethoxyphenethylamine).
 1085         f. 2C-T-2 (4-Ethylthio-2,5-dimethoxyphenethylamine).
 1086         g. 2C-T-7 (4-(n)-Propylthio-2,5-dimethoxyphenethylamine).
 1087         h. 2C-I (4-Iodo-2,5-dimethoxyphenethylamine).
 1088         i. 2C-D (4-Methyl-2,5-dimethoxyphenethylamine).
 1089         j. 2C-H (2,5-Dimethoxyphenethylamine).
 1090         k. 2C-N (4-Nitro-2,5-dimethoxyphenethylamine).
 1091         l. 2C-P (4-(n)-Propyl-2,5-dimethoxyphenethylamine).
 1092         m. MDMA (3,4-Methylenedioxymethamphetamine).
 1093         n. MBDB (Methylbenzodioxolylbutanamine) or (3,4
 1094  Methylenedioxy-N-methylbutanamine).
 1095         o. MDA (3,4-Methylenedioxyamphetamine).
 1096         p. 2,5-Dimethoxyamphetamine.
 1097         q.Fluoroamphetamine.
 1098         r.Fluoromethamphetamine.
 1099         s. MDEA (3,4-Methylenedioxy-N-ethylamphetamine).
 1100         t. DOB (4-Bromo-2,5-dimethoxyamphetamine).
 1101         u. DOC (4-Chloro-2,5-dimethoxyamphetamine).
 1102         v.DOET (4-Ethyl-2,5-dimethoxyamphetamine).
 1103         w. DOI (4-Iodo-2,5-dimethoxyamphetamine).
 1104         x. DOM (4-Methyl-2,5-dimethoxyamphetamine).
 1105         y. PMA (4-Methoxyamphetamine).
 1106         z. N-Ethylamphetamine.
 1107         aa. N-Hydroxy-3,4-methylenedioxyamphetamine.
 1108         bb. 5-Methoxy-3,4-methylenedioxyamphetamine.
 1109         cc. PMMA (4-Methoxymethamphetamine).
 1110         dd. N,N-Dimethylamphetamine.
 1111         ee. 3,4,5-Trimethoxyamphetamine.
 1112         ff. 4-APB (4-(2-Aminopropyl)benzofuran).
 1113         gg. 5-APB (5-(2-Aminopropyl)benzofuran).
 1114         hh.6-APB (6-(2-Aminopropyl)benzofuran).
 1115         ii. 7-APB (7-(2-Aminopropyl)benzofuran).
 1116         jj. 4-APDB (4-(2-Aminopropyl)-2,3-dihydrobenzofuran).
 1117         kk. 5-APDB (5-(2-Aminopropyl)-2,3-dihydrobenzofuran).
 1118         ll. 6-APDB (6-(2-Aminopropyl)-2,3-dihydrobenzofuran).
 1119         mm. 7-APDB (7-(2-Aminopropyl)-2,3-dihydrobenzofuran).
 1120         nn. 4-MAPB (4-(2-Methylaminopropyl)benzofuran).
 1121         oo.5-MAPB (5-(2-Methylaminopropyl)benzofuran).
 1122         pp. 6-MAPB (6-(2-Methylaminopropyl)benzofuran).
 1123         qq. 7-MAPB (7-(2-Methylaminopropyl)benzofuran).
 1124         rr.5-EAPB (5-(2-Ethylaminopropyl)benzofuran).
 1125         ss. 5-MAPDB (5-(2-Methylaminopropyl)-2,3
 1126  dihydrobenzofuran),
 1127  
 1128  which does not include phenethylamine, mescaline as described in
 1129  subparagraph 20., substituted cathinones as described in
 1130  subparagraph 191., N-Benzyl phenethylamine compounds as
 1131  described in subparagraph 193., or methamphetamine as described
 1132  in subparagraph (2)(c)4.
 1133         193. N-Benzyl Phenethylamine Compounds. Unless specifically
 1134  excepted or unless listed in another schedule, or contained
 1135  within a pharmaceutical product approved by the United States
 1136  Food and Drug Administration, any material, compound, mixture,
 1137  or preparation, including its salts, isomers, esters, or ethers,
 1138  and salts of isomers, esters, or ethers, whenever the existence
 1139  of such salts is possible within any of the following specific
 1140  chemical designations, any compound containing a phenethylamine
 1141  structure without a beta-keto group, with substitution on the
 1142  nitrogen atom of the amino group with a benzyl substituent, with
 1143  or without substitution on the phenyl or benzyl ring to any
 1144  extent with alkyl, alkoxy, thio, alkylthio, halide, fused
 1145  alkylenedioxy, fused furan, fused benzofuran, or fused
 1146  tetrahydropyran substituents, whether or not further substituted
 1147  on a ring to any extent, with or without substitution at the
 1148  alpha position by any alkyl substituent, including, but not
 1149  limited to:
 1150         a. 25B-NBOMe (4-Bromo-2,5-dimethoxy-[N-(2
 1151  methoxybenzyl)]phenethylamine).
 1152         b. 25B-NBOH (4-Bromo-2,5-dimethoxy-[N-(2
 1153  hydroxybenzyl)]phenethylamine).
 1154         c. 25B-NBF (4-Bromo-2,5-dimethoxy-[N-(2
 1155  fluorobenzyl)]phenethylamine).
 1156         d. 25B-NBMD (4-Bromo-2,5-dimethoxy-[N-(2,3
 1157  methylenedioxybenzyl)]phenethylamine).
 1158         e. 25I-NBOMe (4-Iodo-2,5-dimethoxy-[N-(2
 1159  methoxybenzyl)]phenethylamine).
 1160         f. 25I-NBOH (4-Iodo-2,5-dimethoxy-[N-(2
 1161  hydroxybenzyl)]phenethylamine).
 1162         g. 25I-NBF (4-Iodo-2,5-dimethoxy-[N-(2
 1163  fluorobenzyl)]phenethylamine).
 1164         h. 25I-NBMD (4-Iodo-2,5-dimethoxy-[N-(2,3
 1165  methylenedioxybenzyl)]phenethylamine).
 1166         i. 25T2-NBOMe (4-Methylthio-2,5-dimethoxy-[N-(2
 1167  methoxybenzyl)]phenethylanamine).
 1168         j. 25T4-NBOMe (4-Isopropylthio-2,5-dimethoxy-[N-(2
 1169  methoxybenzyl)]phenethylanamine).
 1170         k. 25T7-NBOMe (4-(n)-Propylthio-2,5-dimethoxy-[N-(2
 1171  methoxybenzyl)]phenethylanamine).
 1172         l. 25C-NBOMe (4-Chloro-2,5-dimethoxy-[N-(2
 1173  methoxybenzyl)]phenethylamine).
 1174         m. 25C-NBOH (4-Chloro-2,5-dimethoxy-[N-(2
 1175  hydroxybenzyl)]phenethylamine).
 1176         n. 25C-NBF (4-Chloro-2,5-dimethoxy-[N-(2
 1177  fluorobenzyl)]phenethylamine).
 1178         o. 25C-NBMD (4-Chloro-2,5-dimethoxy-[N-(2,3
 1179  methylenedioxybenzyl)]phenethylamine).
 1180         p. 25H-NBOMe (2,5-Dimethoxy-[N-(2
 1181  methoxybenzyl)]phenethylamine).
 1182         q. 25H-NBOH (2,5-Dimethoxy-[N-(2
 1183  hydroxybenzyl)]phenethylamine).
 1184         r. 25H-NBF (2,5-Dimethoxy-[N-(2
 1185  fluorobenzyl)]phenethylamine).
 1186         s. 25D-NBOMe (4-Methyl-2,5-dimethoxy-[N-(2
 1187  methoxybenzyl)]phenethylamine),
 1188  
 1189  which does not include substituted cathinones as described in
 1190  subparagraph 191.
 1191         194.Substituted Tryptamines. Unless specifically excepted
 1192  or unless listed in another schedule, or contained within a
 1193  pharmaceutical product approved by the United States Food and
 1194  Drug Administration, any material, compound, mixture, or
 1195  preparation containing a 2-(1H-indol-3-yl)ethanamine, for
 1196  example tryptamine, structure with or without mono- or di
 1197  substitution of the amine nitrogen with alkyl or alkenyl groups,
 1198  or by inclusion of the amino nitrogen atom in a cyclic
 1199  structure, whether or not substituted at the alpha position with
 1200  an alkyl group, whether or not substituted on the indole ring to
 1201  any extent with any alkyl, alkoxy, halo, hydroxyl, or acetoxy
 1202  groups, including, but not limited to:
 1203         a. Alpha-Ethyltryptamine.
 1204         b. Bufotenine.
 1205         c. DET (Diethyltryptamine).
 1206         d. DMT (Dimethyltryptamine).
 1207         e. MET (N-Methyl-N-ethyltryptamine).
 1208         f. DALT (N,N-Diallyltryptamine).
 1209         g. EiPT (N-Ethyl-N-isopropyltryptamine).
 1210         h. MiPT (N-Methyl-N-isopropyltryptamine).
 1211         i. 5-Hydroxy-AMT (5-Hydroxy-alpha-methyltryptamine).
 1212         j. 5-Hydroxy-N-methyltryptamine.
 1213         k. 5-MeO-MiPT (5-Methoxy-N-methyl-N-isopropyltryptamine).
 1214         l. 5-MeO-AMT (5-Methoxy-alpha-methyltryptamine).
 1215         m. Methyltryptamine.
 1216         n. 5-MeO-DMT (5-Methoxy-N,N-dimethyltryptamine).
 1217         o. 5-Me-DMT (5-Methyl-N,N-dimethyltryptamine).
 1218         p. 5-MeO-DiPT (5-Methoxy-N,N-Diisopropyltryptamine).
 1219         q. DiPT (N,N-Diisopropyltryptamine).
 1220         r. DPT (N,N-Dipropyltryptamine).
 1221         s. 4-Hydroxy-DiPT (4-Hydroxy-N,N-diisopropyltryptamine).
 1222         t. 5-MeO-DALT (5-Methoxy-N,N-Diallyltryptamine).
 1223         u.4-AcO-DMT (4-Acetoxy-N,N-dimethyltryptamine).
 1224         v.4-AcO-DiPT (4-Acetoxy-N,N-diisopropyltryptamine).
 1225         w.4-Hydroxy-DET (4-Hydroxy-N,N-diethyltryptamine).
 1226         x. 4-Hydroxy-MET (4-Hydroxy-N-methyl-N-ethyltryptamine).
 1227         y. 4-Hydroxy-MiPT (4-Hydroxy-N-methyl-N
 1228  isopropyltryptamine).
 1229         z. Methyl-alpha-ethyltryptamine.
 1230         aa. Bromo-DALT (Bromo-N,N-diallyltryptamine),
 1231  
 1232  which does not include tryptamine, psilocybin as described in
 1233  subparagraph 33, or psilocyn as described in subparagraph 34.
 1234         195. Substituted Phenylcyclohexylamines. Unless
 1235  specifically excepted or unless listed in another schedule, or
 1236  contained within a pharmaceutical product approved by the United
 1237  States Food and Drug Administration, any material, compound,
 1238  mixture, or preparation containing a phenylcyclohexylamine
 1239  structure, with or without any substitution on the phenyl ring,
 1240  any substitution on the cyclohexyl ring, any replacement of the
 1241  phenyl ring with a thiophenyl or benzothiophenyl ring, with or
 1242  without substitution on the amine with alkyl, dialkyl, or alkoxy
 1243  substitutients, inclusion of the nitrogen in a cyclic structure,
 1244  or any combination of the above, including, but not limited to:
 1245         a. BTCP (Benzothiophenylcyclohexylpiperidine) or BCP
 1246  (Benocyclidine).
 1247         b. PCE (N-Ethyl-1-phenylcyclohexylamine)(Ethylamine analog
 1248  of phencyclidine).
 1249         c. PCPY (N-(1-Phenylcyclohexyl)-pyrrolidine)(Pyrrolidine
 1250  analog of phencyclidine).
 1251         d. PCPr (Phenylcyclohexylpropylamine).
 1252         e. TCP (1-[1-(2-Thienyl)-cyclohexyl]-piperidine)(Thiophene
 1253  analog of phencyclidine).
 1254         f. PCEEA (Phenylcyclohexyl(ethoxyethylamine)).
 1255         g. PCMPA (Phenylcyclohexyl(methoxypropylamine)).
 1256         h. Methoxetamine.
 1257         i. 3-Methoxy-PCE ((3-Methoxyphenyl)cyclohexylethylamine).
 1258         j. Bromo-PCP ((Bromophenyl)cyclohexylpiperidine).
 1259         k. Chloro-PCP ((Chlorophenyl)cyclohexylpiperidine).
 1260         l. Fluoro-PCP ((Fluorophenyl)cyclohexylpiperidine).
 1261         m. Hydroxy-PCP ((Hydroxyphenyl)cyclohexylpiperidine).
 1262         n. Methoxy-PCP ((Methoxyphenyl)cyclohexylpiperidine).
 1263         o. Methyl-PCP ((Methylphenyl)cyclohexylpiperidine).
 1264         p.Nitro-PCP ((Nitrophenyl)cyclohexylpiperidine).
 1265         q. Oxo-PCP ((Oxophenyl)cyclohexylpiperidine).
 1266         r. Amino-PCP ((Aminophenyl)cyclohexylpiperidine).
 1267         (d) Unless specifically excepted or unless listed in
 1268  another schedule, any material, compound, mixture, or
 1269  preparation that which contains any quantity of the following
 1270  substances, including any of its salts, isomers, optical
 1271  isomers, salts of their isomers, and salts of these optical
 1272  isomers whenever the existence of such isomers and salts is
 1273  possible within the specific chemical designation:
 1274         1. 1,4-Butanediol.
 1275         2. Gamma-butyrolactone (GBL).
 1276         3. Gamma-hydroxybutyric acid (GHB).
 1277         4. Methaqualone.
 1278         5. Mecloqualone.
 1279         (2) SCHEDULE II.—A substance in Schedule II has a high
 1280  potential for abuse and has a currently accepted but severely
 1281  restricted medical use in treatment in the United States, and
 1282  abuse of the substance may lead to severe psychological or
 1283  physical dependence. The following substances are controlled in
 1284  Schedule II:
 1285         (a) Unless specifically excepted or unless listed in
 1286  another schedule, any of the following substances, whether
 1287  produced directly or indirectly by extraction from substances of
 1288  vegetable origin or independently by means of chemical
 1289  synthesis:
 1290         1. Opium and any salt, compound, derivative, or preparation
 1291  of opium, except nalmefene or isoquinoline alkaloids of opium,
 1292  including, but not limited to the following:
 1293         a. Raw opium.
 1294         b. Opium extracts.
 1295         c. Opium fluid extracts.
 1296         d. Powdered opium.
 1297         e. Granulated opium.
 1298         f. Tincture of opium.
 1299         g. Codeine.
 1300         h. Ethylmorphine.
 1301         i. Etorphine hydrochloride.
 1302         j. Hydrocodone.
 1303         k. Hydromorphone.
 1304         l. Levo-alphacetylmethadol (also known as levo-alpha
 1305  acetylmethadol, levomethadyl acetate, or LAAM).
 1306         m. Metopon (methyldihydromorphinone).
 1307         n. Morphine.
 1308         o. Oxycodone.
 1309         p. Oxymorphone.
 1310         q. Thebaine.
 1311         2. Any salt, compound, derivative, or preparation of a
 1312  substance which is chemically equivalent to or identical with
 1313  any of the substances referred to in subparagraph 1., except
 1314  that these substances shall not include the isoquinoline
 1315  alkaloids of opium.
 1316         3. Any part of the plant of the species Papaver somniferum,
 1317  L.
 1318         4. Cocaine or ecgonine, including any of their
 1319  stereoisomers, and any salt, compound, derivative, or
 1320  preparation of cocaine or ecgonine.
 1321         (b) Unless specifically excepted or unless listed in
 1322  another schedule, any of the following substances, including
 1323  their isomers, esters, ethers, salts, and salts of isomers,
 1324  esters, and ethers, whenever the existence of such isomers,
 1325  esters, ethers, and salts is possible within the specific
 1326  chemical designation:
 1327         1. Alfentanil.
 1328         2. Alphaprodine.
 1329         3. Anileridine.
 1330         4. Bezitramide.
 1331         5. Bulk propoxyphene (nondosage forms).
 1332         6. Carfentanil.
 1333         7. Dihydrocodeine.
 1334         8. Diphenoxylate.
 1335         9. Fentanyl.
 1336         10. Isomethadone.
 1337         11. Levomethorphan.
 1338         12. Levorphanol.
 1339         13. Metazocine.
 1340         14. Methadone.
 1341         15. Methadone-Intermediate,4-cyano-2-
 1342  dimethylamino-4,4-diphenylbutane.
 1343         16. Moramide-Intermediate,2-methyl-
 1344  3-morpholoino-1,1-diphenylpropane-carboxylic acid.
 1345         17. Nabilone.
 1346         18. Pethidine (meperidine).
 1347         19. Pethidine-Intermediate-A,4-cyano-1-
 1348  methyl-4-phenylpiperidine.
 1349         20. Pethidine-Intermediate-B,ethyl-4-
 1350  phenylpiperidine-4-carboxylate.
 1351         21. Pethidine-Intermediate-C,1-methyl-4- phenylpiperidine
 1352  4-carboxylic acid.
 1353         22. Phenazocine.
 1354         23. Phencyclidine.
 1355         24. 1-Phenylcyclohexylamine.
 1356         25. Piminodine.
 1357         26. 1-Piperidinocyclohexanecarbonitrile.
 1358         27. Racemethorphan.
 1359         28. Racemorphan.
 1360         29. Sufentanil.
 1361         (c) Unless specifically excepted or unless listed in
 1362  another schedule, any material, compound, mixture, or
 1363  preparation which contains any quantity of the following
 1364  substances, including their salts, isomers, optical isomers,
 1365  salts of their isomers, and salts of their optical isomers:
 1366         1. Amobarbital.
 1367         2. Amphetamine.
 1368         3. Glutethimide.
 1369         4. Methamphetamine.
 1370         5. Methylphenidate.
 1371         6. Pentobarbital.
 1372         7. Phenmetrazine.
 1373         8. Phenylacetone.
 1374         9. Secobarbital.
 1375         (3) SCHEDULE III.—A substance in Schedule III has a
 1376  potential for abuse less than the substances contained in
 1377  Schedules I and II and has a currently accepted medical use in
 1378  treatment in the United States, and abuse of the substance may
 1379  lead to moderate or low physical dependence or high
 1380  psychological dependence or, in the case of anabolic steroids,
 1381  may lead to physical damage. The following substances are
 1382  controlled in Schedule III:
 1383         (a) Unless specifically excepted or unless listed in
 1384  another schedule, any material, compound, mixture, or
 1385  preparation which contains any quantity of the following
 1386  substances having a depressant or stimulant effect on the
 1387  nervous system:
 1388         1. Any substance which contains any quantity of a
 1389  derivative of barbituric acid, including thiobarbituric acid, or
 1390  any salt of a derivative of barbituric acid or thiobarbituric
 1391  acid, including, but not limited to, butabarbital and
 1392  butalbital.
 1393         2. Benzphetamine.
 1394         3. Chlorhexadol.
 1395         4. Chlorphentermine.
 1396         5. Clortermine.
 1397         6. Lysergic acid.
 1398         7. Lysergic acid amide.
 1399         8. Methyprylon.
 1400         9. Phendimetrazine.
 1401         10. Sulfondiethylmethane.
 1402         11. Sulfonethylmethane.
 1403         12. Sulfonmethane.
 1404         13. Tiletamine and zolazepam or any salt thereof.
 1405         (b) Nalorphine.
 1406         (c) Unless specifically excepted or unless listed in
 1407  another schedule, any material, compound, mixture, or
 1408  preparation containing limited quantities of any of the
 1409  following controlled substances or any salts thereof:
 1410         1. Not more than 1.8 grams of codeine per 100 milliliters
 1411  or not more than 90 milligrams per dosage unit, with an equal or
 1412  greater quantity of an isoquinoline alkaloid of opium.
 1413         2. Not more than 1.8 grams of codeine per 100 milliliters
 1414  or not more than 90 milligrams per dosage unit, with recognized
 1415  therapeutic amounts of one or more active ingredients which are
 1416  not controlled substances.
 1417         3. Not more than 300 milligrams of hydrocodone per 100
 1418  milliliters or not more than 15 milligrams per dosage unit, with
 1419  a fourfold or greater quantity of an isoquinoline alkaloid of
 1420  opium.
 1421         4. Not more than 300 milligrams of hydrocodone per 100
 1422  milliliters or not more than 15 milligrams per dosage unit, with
 1423  recognized therapeutic amounts of one or more active ingredients
 1424  that are not controlled substances.
 1425         5. Not more than 1.8 grams of dihydrocodeine per 100
 1426  milliliters or not more than 90 milligrams per dosage unit, with
 1427  recognized therapeutic amounts of one or more active ingredients
 1428  which are not controlled substances.
 1429         6. Not more than 300 milligrams of ethylmorphine per 100
 1430  milliliters or not more than 15 milligrams per dosage unit, with
 1431  one or more active, nonnarcotic ingredients in recognized
 1432  therapeutic amounts.
 1433         7. Not more than 50 milligrams of morphine per 100
 1434  milliliters or per 100 grams, with recognized therapeutic
 1435  amounts of one or more active ingredients which are not
 1436  controlled substances.
 1437  
 1438  For purposes of charging a person with a violation of s. 893.135
 1439  involving any controlled substance described in subparagraph 3.
 1440  or subparagraph 4., the controlled substance is a Schedule III
 1441  controlled substance pursuant to this paragraph but the weight
 1442  of the controlled substance per milliliters or per dosage unit
 1443  is not relevant to the charging of a violation of s. 893.135.
 1444  The weight of the controlled substance shall be determined
 1445  pursuant to s. 893.135(6).
 1446         (d) Anabolic steroids.
 1447         1. The term “anabolic steroid” means any drug or hormonal
 1448  substance, chemically and pharmacologically related to
 1449  testosterone, other than estrogens, progestins, and
 1450  corticosteroids, that promotes muscle growth and includes:
 1451         a. Androsterone.
 1452         b. Androsterone acetate.
 1453         c. Boldenone.
 1454         d. Boldenone acetate.
 1455         e. Boldenone benzoate.
 1456         f. Boldenone undecylenate.
 1457         g. Chlorotestosterone (Clostebol) (4-chlortestosterone).
 1458         h. Clostebol.
 1459         h.i. Dehydrochlormethyltestosterone.
 1460         i.j. Dihydrotestosterone (Stanolone) (4
 1461  dihydrotestosterone).
 1462         j.k. Drostanolone.
 1463         k.l. Ethylestrenol.
 1464         l.m. Fluoxymesterone.
 1465         m.n. Formebulone (Formebolone).
 1466         n.o. Mesterolone.
 1467         o.p.Methandrostenolone (Methandienone).
 1468         p.q. Methandranone.
 1469         q.r. Methandriol.
 1470         s. Methandrostenolone.
 1471         r.t. Methenolone.
 1472         s.u. Methyltestosterone.
 1473         t.v. Mibolerone.
 1474         u.w.Nortestosterone (Nandrolone).
 1475         v.x. Norethandrolone.
 1476         y.Nortestosterone.
 1477         w.z. Nortestosterone decanoate.
 1478         x.aa. Nortestosterone phenylpropionate.
 1479         y.bb. Nortestosterone propionate.
 1480         z.cc. Oxandrolone.
 1481         aa.dd. Oxymesterone.
 1482         bb.ee. Oxymetholone.
 1483         ff. Stanolone.
 1484         cc.gg. Stanozolol.
 1485         dd.hh. Testolactone.
 1486         ee.ii. Testosterone.
 1487         ff.jj. Testosterone acetate.
 1488         gg.kk. Testosterone benzoate.
 1489         hh.ll. Testosterone cypionate.
 1490         ii.mm. Testosterone decanoate.
 1491         jj.nn. Testosterone enanthate.
 1492         kk.oo. Testosterone isocaproate.
 1493         ll.pp. Testosterone oleate.
 1494         mm.qq. Testosterone phenylpropionate.
 1495         nn.rr. Testosterone propionate.
 1496         oo.ss. Testosterone undecanoate.
 1497         pp.tt. Trenbolone.
 1498         qq.uu. Trenbolone acetate.
 1499         rr.vv. Any salt, ester, or isomer of a drug or substance
 1500  described or listed in this subparagraph if that salt, ester, or
 1501  isomer promotes muscle growth.
 1502         2. The term does not include an anabolic steroid that is
 1503  expressly intended for administration through implants to cattle
 1504  or other nonhuman species and that has been approved by the
 1505  United States Secretary of Health and Human Services for such
 1506  administration. However, any person who prescribes, dispenses,
 1507  or distributes such a steroid for human use is considered to
 1508  have prescribed, dispensed, or distributed an anabolic steroid
 1509  within the meaning of this paragraph.
 1510         (e) Ketamine, including any isomers, esters, ethers, salts,
 1511  and salts of isomers, esters, and ethers, whenever the existence
 1512  of such isomers, esters, ethers, and salts is possible within
 1513  the specific chemical designation.
 1514         (f) Dronabinol (synthetic THC) in sesame oil and
 1515  encapsulated in a soft gelatin capsule in a drug product
 1516  approved by the United States Food and Drug Administration.
 1517         (g) Any drug product containing gamma-hydroxybutyric acid,
 1518  including its salts, isomers, and salts of isomers, for which an
 1519  application is approved under s. 505 of the Federal Food, Drug,
 1520  and Cosmetic Act.
 1521         (4) SCHEDULE IV.—A substance in Schedule IV has a low
 1522  potential for abuse relative to the substances in Schedule III
 1523  and has a currently accepted medical use in treatment in the
 1524  United States, and abuse of the substance may lead to limited
 1525  physical or psychological dependence relative to the substances
 1526  in Schedule III. Unless specifically excepted or unless listed
 1527  in another schedule, any material, compound, mixture, or
 1528  preparation which contains any quantity of the following
 1529  substances, including its salts, isomers, and salts of isomers
 1530  whenever the existence of such salts, isomers, and salts of
 1531  isomers is possible within the specific chemical designation,
 1532  are controlled in Schedule IV:
 1533         (a) Alprazolam.
 1534         (b) Barbital.
 1535         (c) Bromazepam.
 1536         (d) Camazepam.
 1537         (e) Cathine.
 1538         (f) Chloral betaine.
 1539         (g) Chloral hydrate.
 1540         (h) Chlordiazepoxide.
 1541         (i) Clobazam.
 1542         (j) Clonazepam.
 1543         (k) Clorazepate.
 1544         (l) Clotiazepam.
 1545         (m) Cloxazolam.
 1546         (n) Delorazepam.
 1547         (o) Propoxyphene (dosage forms).
 1548         (p) Diazepam.
 1549         (q) Diethylpropion.
 1550         (r) Estazolam.
 1551         (s) Ethchlorvynol.
 1552         (t) Ethinamate.
 1553         (u) Ethyl loflazepate.
 1554         (v) Fencamfamin.
 1555         (w) Fenfluramine.
 1556         (x) Fenproporex.
 1557         (y) Fludiazepam.
 1558         (z) Flurazepam.
 1559         (aa) Halazepam.
 1560         (bb) Haloxazolam.
 1561         (cc) Ketazolam.
 1562         (dd) Loprazolam.
 1563         (ee) Lorazepam.
 1564         (ff) Lormetazepam.
 1565         (gg) Mazindol.
 1566         (hh) Mebutamate.
 1567         (ii) Medazepam.
 1568         (jj) Mefenorex.
 1569         (kk) Meprobamate.
 1570         (ll) Methohexital.
 1571         (mm) Methylphenobarbital.
 1572         (nn) Midazolam.
 1573         (oo) Nimetazepam.
 1574         (pp) Nitrazepam.
 1575         (qq) Nordiazepam.
 1576         (rr) Oxazepam.
 1577         (ss) Oxazolam.
 1578         (tt) Paraldehyde.
 1579         (uu) Pemoline.
 1580         (vv) Pentazocine.
 1581         (ww) Phenobarbital.
 1582         (xx) Phentermine.
 1583         (yy) Pinazepam.
 1584         (zz) Pipradrol.
 1585         (aaa) Prazepam.
 1586         (bbb) Propylhexedrine, excluding any patent or proprietary
 1587  preparation containing propylhexedrine, unless otherwise
 1588  provided by federal law.
 1589         (ccc) Quazepam.
 1590         (ddd) Tetrazepam.
 1591         (eee) SPA[(-)-1 dimethylamino-1, 2
 1592  diphenylethane].
 1593         (fff) Temazepam.
 1594         (ggg) Triazolam.
 1595         (hhh) Not more than 1 milligram of difenoxin and not less
 1596  than 25 micrograms of atropine sulfate per dosage unit.
 1597         (iii) Butorphanol tartrate.
 1598         (jjj) Carisoprodol.
 1599         (5) SCHEDULE V.—A substance, compound, mixture, or
 1600  preparation of a substance in Schedule V has a low potential for
 1601  abuse relative to the substances in Schedule IV and has a
 1602  currently accepted medical use in treatment in the United
 1603  States, and abuse of such compound, mixture, or preparation may
 1604  lead to limited physical or psychological dependence relative to
 1605  the substances in Schedule IV.
 1606         (a) Substances controlled in Schedule V include any
 1607  compound, mixture, or preparation containing any of the
 1608  following limited quantities of controlled substances, which
 1609  shall include one or more active medicinal ingredients which are
 1610  not controlled substances in sufficient proportion to confer
 1611  upon the compound, mixture, or preparation valuable medicinal
 1612  qualities other than those possessed by the controlled substance
 1613  alone:
 1614         1. Not more than 200 milligrams of codeine per 100
 1615  milliliters or per 100 grams.
 1616         2. Not more than 100 milligrams of dihydrocodeine per 100
 1617  milliliters or per 100 grams.
 1618         3. Not more than 100 milligrams of ethylmorphine per 100
 1619  milliliters or per 100 grams.
 1620         4. Not more than 2.5 milligrams of diphenoxylate and not
 1621  less than 25 micrograms of atropine sulfate per dosage unit.
 1622         5. Not more than 100 milligrams of opium per 100
 1623  milliliters or per 100 grams.
 1624         (b) Narcotic drugs. Unless specifically excepted or unless
 1625  listed in another schedule, any material, compound, mixture, or
 1626  preparation containing any of the following narcotic drugs and
 1627  their salts: Buprenorphine.
 1628         (c) Stimulants. Unless specifically excepted or unless
 1629  listed in another schedule, any material, compound, mixture, or
 1630  preparation which contains any quantity of the following
 1631  substances having a stimulant effect on the central nervous
 1632  system, including its salts, isomers, and salts of isomers:
 1633  Pyrovalerone.
 1634         Section 3. Section 893.033, Florida Statutes, is amended to
 1635  read:
 1636         893.033 Listed chemicals.—The chemicals listed in this
 1637  section are included by whatever official, common, usual,
 1638  chemical, or trade name designated.
 1639         (1) PRECURSOR CHEMICALS.—The term “listed precursor
 1640  chemical” means a chemical that may be used in manufacturing a
 1641  controlled substance in violation of this chapter and is
 1642  critical to the creation of the controlled substance, and such
 1643  term includes any salt, optical isomer, or salt of an optical
 1644  isomer, whenever the existence of such salt, optical isomer, or
 1645  salt of optical isomer is possible within the specific chemical
 1646  designation. The following are “listed precursor chemicals”:
 1647         (a) Anthranilic acid.
 1648         (b) Benzaldehyde.
 1649         (c) Benzyl cyanide.
 1650         (d) Chloroephedrine.
 1651         (e) Chloropseudoephedrine.
 1652         (f) Ephedrine.
 1653         (g) Ergonovine.
 1654         (h) Ergotamine.
 1655         (i) Ergocristine.
 1656         (i) Hydriodic acid.
 1657         (j) Ethylamine.
 1658         (k) Iodine tincture above 2.2 percent.
 1659         (l)(k) Isosafrole.
 1660         (m)(l) Methylamine.
 1661         (n)(m) 3, 4-Methylenedioxyphenyl-2-propanone.
 1662         (o)(n) N-Acetylanthranilic acid.
 1663         (p)(o) N-Ethylephedrine.
 1664         (q)(p) N-Ethylpseudoephedrine.
 1665         (r)(q) N-Methylephedrine.
 1666         (s)(r) N-Methylpseudoephedrine.
 1667         (t) ANPP (4-Anilino-N-phenethyl-4-piperidine).
 1668         (u) NPP (N-Phenethyl-4-piperidone).
 1669         (v)(s) Nitroethane.
 1670         (w)(t) Norpseudoephedrine.
 1671         (x)(u) Phenylacetic acid.
 1672         (y)(v) Phenylpropanolamine.
 1673         (z)(w) Piperidine.
 1674         (aa)(x) Piperonal.
 1675         (bb)(y) Propionic anhydride.
 1676         (cc)(z) Pseudoephedrine.
 1677         (dd)(aa) Safrole.
 1678         (2) ESSENTIAL CHEMICALS.—The term “listed essential
 1679  chemical” means a chemical that may be used as a solvent,
 1680  reagent, or catalyst in manufacturing a controlled substance in
 1681  violation of this chapter. The following are “listed essential
 1682  chemicals”:
 1683         (a) Acetic anhydride.
 1684         (b) Acetone.
 1685         (c) Ammonium salts, including, but not limited to, nitrate,
 1686  sulfate, phosphate, or chloride.
 1687         (d)(c) Anhydrous ammonia.
 1688         (e) Benzoquinone.
 1689         (f)(d) Benzyl chloride.
 1690         (g)(e) 2-Butanone.
 1691         (h)(f) Ethyl ether.
 1692         (i) Formic acid.
 1693         (j)(g) Hydrochloric acid gas.
 1694         (k)(h) Hydriodic acid.
 1695         (l)(i) Iodine.
 1696         (m) Lithium.
 1697         (n) Organic solvents, including, but not limited to,
 1698  Coleman Fuel, camping fuel, ether, toluene, or lighter fluid.
 1699         (o) Organic cosolvents, including, but not limited to,
 1700  glycerol, propylene glycol, or polyethylene glycol.
 1701         (p) Potassium dichromate.
 1702         (q)(j) Potassium permanganate.
 1703         (r) Sodium.
 1704         (s)Sodium dichromate.
 1705         (t)Sodium borohydride.
 1706         (u)Sodium cyanoborohydride.
 1707         (v)Sodium hydroxide.
 1708         (w)Sulfuric acid.
 1709         (k) Toluene.
 1710         Section 4. Subsections (3) and (5) of section 893.0356,
 1711  Florida Statutes, are amended, paragraph (j) is added to
 1712  subsection (4) of that section, and paragraph (a) of subsection
 1713  (2) of that section is republished, to read:
 1714         893.0356 Control of new substances; findings of fact;
 1715  “controlled substance analog” defined.—
 1716         (2)(a) As used in this section, “controlled substance
 1717  analog” means a substance which, due to its chemical structure
 1718  and potential for abuse, meets the following criteria:
 1719         1. Is substantially similar to that of a controlled
 1720  substance listed in Schedule I or Schedule II of s. 893.03; and
 1721         2. Has a stimulant, depressant, or hallucinogenic effect on
 1722  the central nervous system or is represented or intended to have
 1723  a stimulant, depressant, or hallucinogenic effect on the central
 1724  nervous system substantially similar to or greater than that of
 1725  a controlled substance listed in Schedule I or Schedule II of s.
 1726  893.03.
 1727         (3) As used in this section, the term “substantially
 1728  similar,” as the term applies to the chemical structure of a
 1729  substance, means that the chemical structure of the substance
 1730  compared to the structure of a controlled substance has a single
 1731  difference in the structural formula that substitutes one atom
 1732  or functional group for another, including, but not limited to,
 1733  one halogen for another halogen, one hydrogen for a halogen or
 1734  vice versa, an alkyl group added or deleted as a side chain to
 1735  or from a molecule, or an alkyl group added or deleted from a
 1736  side chain of a molecule. “potential for abuse” in this section
 1737  means that a substance has properties as a central nervous
 1738  system stimulant or depressant or a hallucinogen that create a
 1739  substantial likelihood of its being:
 1740         (a) Used in amounts that create a hazard to the user’s
 1741  health or the safety of the community;
 1742         (b) Diverted from legal channels and distributed through
 1743  illegal channels; or
 1744         (c) Taken on the user’s own initiative rather than on the
 1745  basis of professional medical advice.
 1746  
 1747  Proof of potential for abuse can be based upon a showing that
 1748  these activities are already taking place, or upon a showing
 1749  that the nature and properties of the substance make it
 1750  reasonable to assume that there is a substantial likelihood that
 1751  such activities will take place, in other than isolated or
 1752  occasional instances.
 1753         (4) The following factors shall be relevant to a finding
 1754  that a substance is a controlled substance analog within the
 1755  purview of this section:
 1756         (j) Comparisons to the accepted methods of marketing,
 1757  distribution, and sales of the substance and that which the
 1758  substance is purported to be, including, but not limited to:
 1759         1. The difference in price at which the substance is sold
 1760  and the price at which the substance it is purported to be or
 1761  advertised as is normally sold;
 1762         2. The difference in how the substance is imported,
 1763  manufactured, or distributed compared to how the substance it is
 1764  purported to be or advertised as is normally imported,
 1765  manufactured, or distributed;
 1766         3. The difference in the appearance of the substance in
 1767  overall finished dosage form compared to the substance it is
 1768  purported to be or advertised as normally appears in overall
 1769  finished dosage form; and
 1770         4. The difference in how the substance is labeled for sale,
 1771  packaged for sale, or the method of sale, including, but not
 1772  limited to, the placement of the substance in an area commonly
 1773  viewable to the public for purchase consideration compared to
 1774  how the substance it is purported to be or advertised as is
 1775  normally labeled for sale, packaged for sale, or sold to the
 1776  public.
 1777         (5) A controlled substance analog shall, for purposes of
 1778  drug abuse prevention and control, be treated as the highest
 1779  scheduled a controlled substance of which it is a controlled
 1780  substance analog to in Schedule I of s. 893.03.
 1781         Section 5. Subsections (1), (4), and (6), and paragraph (d)
 1782  of subsection (8) of section 893.13, Florida Statutes, are
 1783  amended, and subsection (2), paragraphs (a) and (b) of
 1784  subsection (5), and paragraph (a) of subsection (7) of that
 1785  section are republished, to read:
 1786         893.13 Prohibited acts; penalties.—
 1787         (1)(a) Except as authorized by this chapter and chapter
 1788  499, a person may not sell, manufacture, or deliver, or possess
 1789  with intent to sell, manufacture, or deliver, a controlled
 1790  substance. A person who violates this provision with respect to:
 1791         1. A controlled substance named or described in s.
 1792  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
 1793  commits a felony of the second degree, punishable as provided in
 1794  s. 775.082, s. 775.083, or s. 775.084.
 1795         2. A controlled substance named or described in s.
 1796  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
 1797  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
 1798  the third degree, punishable as provided in s. 775.082, s.
 1799  775.083, or s. 775.084.
 1800         3. A controlled substance named or described in s.
 1801  893.03(5) commits a misdemeanor of the first degree, punishable
 1802  as provided in s. 775.082 or s. 775.083.
 1803         (b) Except as provided in this chapter, a person may not
 1804  sell or deliver in excess of 10 grams of any substance named or
 1805  described in s. 893.03(1)(a) or (1)(b), or any combination
 1806  thereof, or any mixture containing any such substance. A person
 1807  who violates this paragraph commits a felony of the first
 1808  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 1809  775.084.
 1810         (c) Except as authorized by this chapter, a person may not
 1811  sell, manufacture, or deliver, or possess with intent to sell,
 1812  manufacture, or deliver, a controlled substance in, on, or
 1813  within 1,000 feet of the real property comprising a child care
 1814  facility as defined in s. 402.302 or a public or private
 1815  elementary, middle, or secondary school between the hours of 6
 1816  a.m. and 12 midnight, or at any time in, on, or within 1,000
 1817  feet of real property comprising a state, county, or municipal
 1818  park, a community center, or a publicly owned recreational
 1819  facility. As used in this paragraph, the term “community center”
 1820  means a facility operated by a nonprofit community-based
 1821  organization for the provision of recreational, social, or
 1822  educational services to the public. A person who violates this
 1823  paragraph with respect to:
 1824         1. A controlled substance named or described in s.
 1825  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
 1826  commits a felony of the first degree, punishable as provided in
 1827  s. 775.082, s. 775.083, or s. 775.084. The defendant must be
 1828  sentenced to a minimum term of imprisonment of 3 calendar years
 1829  unless the offense was committed within 1,000 feet of the real
 1830  property comprising a child care facility as defined in s.
 1831  402.302.
 1832         2. A controlled substance named or described in s.
 1833  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
 1834  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
 1835  the second degree, punishable as provided in s. 775.082, s.
 1836  775.083, or s. 775.084.
 1837         3. Any other controlled substance, except as lawfully sold,
 1838  manufactured, or delivered, must be sentenced to pay a $500 fine
 1839  and to serve 100 hours of public service in addition to any
 1840  other penalty prescribed by law.
 1841  
 1842  This paragraph does not apply to a child care facility unless
 1843  the owner or operator of the facility posts a sign that is not
 1844  less than 2 square feet in size with a word legend identifying
 1845  the facility as a licensed child care facility and that is
 1846  posted on the property of the child care facility in a
 1847  conspicuous place where the sign is reasonably visible to the
 1848  public.
 1849         (d) Except as authorized by this chapter, a person may not
 1850  sell, manufacture, or deliver, or possess with intent to sell,
 1851  manufacture, or deliver, a controlled substance in, on, or
 1852  within 1,000 feet of the real property comprising a public or
 1853  private college, university, or other postsecondary educational
 1854  institution. A person who violates this paragraph with respect
 1855  to:
 1856         1. A controlled substance named or described in s.
 1857  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
 1858  commits a felony of the first degree, punishable as provided in
 1859  s. 775.082, s. 775.083, or s. 775.084.
 1860         2. A controlled substance named or described in s.
 1861  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
 1862  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
 1863  the second degree, punishable as provided in s. 775.082, s.
 1864  775.083, or s. 775.084.
 1865         3. Any other controlled substance, except as lawfully sold,
 1866  manufactured, or delivered, must be sentenced to pay a $500 fine
 1867  and to serve 100 hours of public service in addition to any
 1868  other penalty prescribed by law.
 1869         (e) Except as authorized by this chapter, a person may not
 1870  sell, manufacture, or deliver, or possess with intent to sell,
 1871  manufacture, or deliver, a controlled substance not authorized
 1872  by law in, on, or within 1,000 feet of a physical place for
 1873  worship at which a church or religious organization regularly
 1874  conducts religious services or within 1,000 feet of a
 1875  convenience business as defined in s. 812.171. A person who
 1876  violates this paragraph with respect to:
 1877         1. A controlled substance named or described in s.
 1878  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
 1879  commits a felony of the first degree, punishable as provided in
 1880  s. 775.082, s. 775.083, or s. 775.084.
 1881         2. A controlled substance named or described in s.
 1882  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
 1883  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
 1884  the second degree, punishable as provided in s. 775.082, s.
 1885  775.083, or s. 775.084.
 1886         3. Any other controlled substance, except as lawfully sold,
 1887  manufactured, or delivered, must be sentenced to pay a $500 fine
 1888  and to serve 100 hours of public service in addition to any
 1889  other penalty prescribed by law.
 1890         (f) Except as authorized by this chapter, a person may not
 1891  sell, manufacture, or deliver, or possess with intent to sell,
 1892  manufacture, or deliver, a controlled substance in, on, or
 1893  within 1,000 feet of the real property comprising a public
 1894  housing facility at any time. As used in this section, the term
 1895  “real property comprising a public housing facility” means real
 1896  property, as defined in s. 421.03(12), of a public corporation
 1897  created as a housing authority pursuant to part I of chapter
 1898  421. A person who violates this paragraph with respect to:
 1899         1. A controlled substance named or described in s.
 1900  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
 1901  commits a felony of the first degree, punishable as provided in
 1902  s. 775.082, s. 775.083, or s. 775.084.
 1903         2. A controlled substance named or described in s.
 1904  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
 1905  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
 1906  the second degree, punishable as provided in s. 775.082, s.
 1907  775.083, or s. 775.084.
 1908         3. Any other controlled substance, except as lawfully sold,
 1909  manufactured, or delivered, must be sentenced to pay a $500 fine
 1910  and to serve 100 hours of public service in addition to any
 1911  other penalty prescribed by law.
 1912         (g) Except as authorized by this chapter, a person may not
 1913  manufacture methamphetamine or phencyclidine, or possess any
 1914  listed chemical as defined in s. 893.033 in violation of s.
 1915  893.149 and with intent to manufacture methamphetamine or
 1916  phencyclidine. If a person violates this paragraph and:
 1917         1. The commission or attempted commission of the crime
 1918  occurs in a structure or conveyance where any child younger than
 1919  16 years of age is present, the person commits a felony of the
 1920  first degree, punishable as provided in s. 775.082, s. 775.083,
 1921  or s. 775.084. In addition, the defendant must be sentenced to a
 1922  minimum term of imprisonment of 5 calendar years.
 1923         2. The commission of the crime causes any child younger
 1924  than 16 years of age to suffer great bodily harm, the person
 1925  commits a felony of the first degree, punishable as provided in
 1926  s. 775.082, s. 775.083, or s. 775.084. In addition, the
 1927  defendant must be sentenced to a minimum term of imprisonment of
 1928  10 calendar years.
 1929         (h) Except as authorized by this chapter, a person may not
 1930  sell, manufacture, or deliver, or possess with intent to sell,
 1931  manufacture, or deliver, a controlled substance in, on, or
 1932  within 1,000 feet of the real property comprising an assisted
 1933  living facility, as that term is used in chapter 429. A person
 1934  who violates this paragraph with respect to:
 1935         1. A controlled substance named or described in s.
 1936  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
 1937  commits a felony of the first degree, punishable as provided in
 1938  s. 775.082, s. 775.083, or s. 775.084.
 1939         2. A controlled substance named or described in s.
 1940  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
 1941  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
 1942  the second degree, punishable as provided in s. 775.082, s.
 1943  775.083, or s. 775.084.
 1944         3. Any other controlled substance, except as lawfully sold,
 1945  manufactured, or delivered, must be sentenced to pay a $500 fine
 1946  and to serve 100 hours of public service in addition to any
 1947  other penalty prescribed by law.
 1948         (2)(a) Except as authorized by this chapter and chapter
 1949  499, a person may not purchase, or possess with intent to
 1950  purchase, a controlled substance. A person who violates this
 1951  provision with respect to:
 1952         1. A controlled substance named or described in s.
 1953  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
 1954  commits a felony of the second degree, punishable as provided in
 1955  s. 775.082, s. 775.083, or s. 775.084.
 1956         2. A controlled substance named or described in s.
 1957  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
 1958  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
 1959  the third degree, punishable as provided in s. 775.082, s.
 1960  775.083, or s. 775.084.
 1961         3. A controlled substance named or described in s.
 1962  893.03(5) commits a misdemeanor of the first degree, punishable
 1963  as provided in s. 775.082 or s. 775.083.
 1964         (b) Except as provided in this chapter, a person may not
 1965  purchase more than 10 grams of any substance named or described
 1966  in s. 893.03(1)(a) or (1)(b), or any combination thereof, or any
 1967  mixture containing any such substance. A person who violates
 1968  this paragraph commits a felony of the first degree, punishable
 1969  as provided in s. 775.082, s. 775.083, or s. 775.084.
 1970         (4) Except as authorized by this chapter, a person 18 years
 1971  of age or older may not deliver any controlled substance to a
 1972  person younger than 18 years of age, use or hire a person
 1973  younger than 18 years of age as an agent or employee in the sale
 1974  or delivery of such a substance, or use such person to assist in
 1975  avoiding detection or apprehension for a violation of this
 1976  chapter. A person who violates this paragraph provision with
 1977  respect to:
 1978         (a) A controlled substance named or described in s.
 1979  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
 1980  commits a felony of the first degree, punishable as provided in
 1981  s. 775.082, s. 775.083, or s. 775.084.
 1982         (b) A controlled substance named or described in s.
 1983  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
 1984  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
 1985  the second degree, punishable as provided in s. 775.082, s.
 1986  775.083, or s. 775.084.
 1987         (c) Any other controlled substance, except as lawfully
 1988  sold, manufactured, or delivered, commits a felony of the third
 1989  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 1990  775.084.
 1991  
 1992  Imposition of sentence may not be suspended or deferred, and the
 1993  person so convicted may not be placed on probation.
 1994         (5) A person may not bring into this state any controlled
 1995  substance unless the possession of such controlled substance is
 1996  authorized by this chapter or unless such person is licensed to
 1997  do so by the appropriate federal agency. A person who violates
 1998  this provision with respect to:
 1999         (a) A controlled substance named or described in s.
 2000  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
 2001  commits a felony of the second degree, punishable as provided in
 2002  s. 775.082, s. 775.083, or s. 775.084.
 2003         (b) A controlled substance named or described in s.
 2004  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
 2005  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
 2006  the third degree, punishable as provided in s. 775.082, s.
 2007  775.083, or s. 775.084.
 2008         (6)(a) A person may not be in actual or constructive
 2009  possession of a controlled substance unless such controlled
 2010  substance was lawfully obtained from a practitioner or pursuant
 2011  to a valid prescription or order of a practitioner while acting
 2012  in the course of his or her professional practice or to be in
 2013  actual or constructive possession of a controlled substance
 2014  except as otherwise authorized by this chapter. A person who
 2015  violates this provision commits a felony of the third degree,
 2016  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 2017         (b) If the offense is the possession of 20 grams or less of
 2018  cannabis, as defined in this chapter, or 3 grams or less of a
 2019  controlled substance described in s. 893.03(1)(c)46.-50., 114.
 2020  142., 151.-159., or 166.-173., the person commits a misdemeanor
 2021  of the first degree, punishable as provided in s. 775.082 or s.
 2022  775.083. As used in this subsection, the term “cannabis” does
 2023  not include the resin extracted from the plants of the genus
 2024  Cannabis, or any compound manufacture, salt, derivative,
 2025  mixture, or preparation of such resin, and a controlled
 2026  substance described in s. 893.03(1)(c)46.-50., 114.-142., 151.
 2027  159., or 166.-173. does not include the substance in a powdered
 2028  form.
 2029         (c) Except as provided in this chapter, a person may not
 2030  possess more than 10 grams of any substance named or described
 2031  in s. 893.03(1)(a) or (1)(b), or any combination thereof, or any
 2032  mixture containing any such substance. A person who violates
 2033  this paragraph commits a felony of the first degree, punishable
 2034  as provided in s. 775.082, s. 775.083, or s. 775.084.
 2035         (d) If the offense is possession of a controlled substance
 2036  named or described in s. 893.03(5), the person commits a
 2037  misdemeanor of the second degree, punishable as provided in s.
 2038  775.082 or s. 775.083.
 2039         (e)(d) Notwithstanding any provision to the contrary of the
 2040  laws of this state relating to arrest, a law enforcement officer
 2041  may arrest without warrant any person who the officer has
 2042  probable cause to believe is violating the provisions of this
 2043  chapter relating to possession of cannabis.
 2044         (7)(a) A person may not:
 2045         1. Distribute or dispense a controlled substance in
 2046  violation of this chapter.
 2047         2. Refuse or fail to make, keep, or furnish any record,
 2048  notification, order form, statement, invoice, or information
 2049  required under this chapter.
 2050         3. Refuse entry into any premises for any inspection or
 2051  refuse to allow any inspection authorized by this chapter.
 2052         4. Distribute a controlled substance named or described in
 2053  s. 893.03(1) or (2) except pursuant to an order form as required
 2054  by s. 893.06.
 2055         5. Keep or maintain any store, shop, warehouse, dwelling,
 2056  building, vehicle, boat, aircraft, or other structure or place
 2057  which is resorted to by persons using controlled substances in
 2058  violation of this chapter for the purpose of using these
 2059  substances, or which is used for keeping or selling them in
 2060  violation of this chapter.
 2061         6. Use to his or her own personal advantage, or reveal, any
 2062  information obtained in enforcement of this chapter except in a
 2063  prosecution or administrative hearing for a violation of this
 2064  chapter.
 2065         7. Possess a prescription form unless it has been signed by
 2066  the practitioner whose name appears printed thereon and
 2067  completed. This subparagraph does not apply if the person in
 2068  possession of the form is the practitioner whose name appears
 2069  printed thereon, an agent or employee of that practitioner, a
 2070  pharmacist, or a supplier of prescription forms who is
 2071  authorized by that practitioner to possess those forms.
 2072         8. Withhold information from a practitioner from whom the
 2073  person seeks to obtain a controlled substance or a prescription
 2074  for a controlled substance that the person making the request
 2075  has received a controlled substance or a prescription for a
 2076  controlled substance of like therapeutic use from another
 2077  practitioner within the previous 30 days.
 2078         9. Acquire or obtain, or attempt to acquire or obtain,
 2079  possession of a controlled substance by misrepresentation,
 2080  fraud, forgery, deception, or subterfuge.
 2081         10. Affix any false or forged label to a package or
 2082  receptacle containing a controlled substance.
 2083         11. Furnish false or fraudulent material information in, or
 2084  omit any material information from, any report or other document
 2085  required to be kept or filed under this chapter or any record
 2086  required to be kept by this chapter.
 2087         12. Store anhydrous ammonia in a container that is not
 2088  approved by the United States Department of Transportation to
 2089  hold anhydrous ammonia or is not constructed in accordance with
 2090  sound engineering, agricultural, or commercial practices.
 2091         13. With the intent to obtain a controlled substance or
 2092  combination of controlled substances that are not medically
 2093  necessary for the person or an amount of a controlled substance
 2094  or substances that is not medically necessary for the person,
 2095  obtain or attempt to obtain from a practitioner a controlled
 2096  substance or a prescription for a controlled substance by
 2097  misrepresentation, fraud, forgery, deception, subterfuge, or
 2098  concealment of a material fact. For purposes of this
 2099  subparagraph, a material fact includes whether the person has an
 2100  existing prescription for a controlled substance issued for the
 2101  same period of time by another practitioner or as described in
 2102  subparagraph 8.
 2103         (8)
 2104         (d) Notwithstanding paragraph (c), if a prescribing
 2105  practitioner has violated paragraph (a) and received $1,000 or
 2106  more in payment for writing one or more prescriptions or, in the
 2107  case of a prescription written for a controlled substance
 2108  described in s. 893.135, has written one or more prescriptions
 2109  for a quantity of a controlled substance which, individually or
 2110  in the aggregate, meets the threshold for the offense of
 2111  trafficking in a controlled substance under s. 893.135 s.
 2112  893.15, the violation is reclassified as a felony of the second
 2113  degree and ranked in level 4 of the Criminal Punishment Code.
 2114         Section 6. Paragraphs (g) and (l) of subsection (1) of
 2115  section 893.135, Florida Statutes, are republished, paragraph
 2116  (k) of that subsection is amended, and subsection (6) of that
 2117  section is amended, to read:
 2118         893.135 Trafficking; mandatory sentences; suspension or
 2119  reduction of sentences; conspiracy to engage in trafficking.—
 2120         (1) Except as authorized in this chapter or in chapter 499
 2121  and notwithstanding the provisions of s. 893.13:
 2122         (g)1. Any person who knowingly sells, purchases,
 2123  manufactures, delivers, or brings into this state, or who is
 2124  knowingly in actual or constructive possession of, 4 grams or
 2125  more of flunitrazepam or any mixture containing flunitrazepam as
 2126  described in s. 893.03(1)(a) commits a felony of the first
 2127  degree, which felony shall be known as “trafficking in
 2128  flunitrazepam,” punishable as provided in s. 775.082, s.
 2129  775.083, or s. 775.084. If the quantity involved:
 2130         a. Is 4 grams or more but less than 14 grams, such person
 2131  shall be sentenced to a mandatory minimum term of imprisonment
 2132  of 3 years, and the defendant shall be ordered to pay a fine of
 2133  $50,000.
 2134         b. Is 14 grams or more but less than 28 grams, such person
 2135  shall be sentenced to a mandatory minimum term of imprisonment
 2136  of 7 years, and the defendant shall be ordered to pay a fine of
 2137  $100,000.
 2138         c. Is 28 grams or more but less than 30 kilograms, such
 2139  person shall be sentenced to a mandatory minimum term of
 2140  imprisonment of 25 calendar years and pay a fine of $500,000.
 2141         2. Any person who knowingly sells, purchases, manufactures,
 2142  delivers, or brings into this state or who is knowingly in
 2143  actual or constructive possession of 30 kilograms or more of
 2144  flunitrazepam or any mixture containing flunitrazepam as
 2145  described in s. 893.03(1)(a) commits the first degree felony of
 2146  trafficking in flunitrazepam. A person who has been convicted of
 2147  the first degree felony of trafficking in flunitrazepam under
 2148  this subparagraph shall be punished by life imprisonment and is
 2149  ineligible for any form of discretionary early release except
 2150  pardon or executive clemency or conditional medical release
 2151  under s. 947.149. However, if the court determines that, in
 2152  addition to committing any act specified in this paragraph:
 2153         a. The person intentionally killed an individual or
 2154  counseled, commanded, induced, procured, or caused the
 2155  intentional killing of an individual and such killing was the
 2156  result; or
 2157         b. The person’s conduct in committing that act led to a
 2158  natural, though not inevitable, lethal result,
 2159  
 2160  such person commits the capital felony of trafficking in
 2161  flunitrazepam, punishable as provided in ss. 775.082 and
 2162  921.142. Any person sentenced for a capital felony under this
 2163  paragraph shall also be sentenced to pay the maximum fine
 2164  provided under subparagraph 1.
 2165         (k)1. A person who knowingly sells, purchases,
 2166  manufactures, delivers, or brings into this state, or who is
 2167  knowingly in actual or constructive possession of, 10 grams or
 2168  more of any of the following substances described in s.
 2169  893.03(1)(c):
 2170         a. (MDMA) 3,4-Methylenedioxymethamphetamine (MDMA);
 2171         b. DOB (4-Bromo-2,5-dimethoxyamphetamine);
 2172         c. 2C-B (4-Bromo-2,5-dimethoxyphenethylamine);
 2173         d. 2,5-Dimethoxyamphetamine;
 2174         e. DOET (4-Ethyl-2,5-dimethoxyamphetamine) 2,5-Dimethoxy-4
 2175  ethylamphetamine (DOET);
 2176         f. N-ethylamphetamine;
 2177         g. N-Hydroxy-3,4-methylenedioxyamphetamine;
 2178         h. 5-Methoxy-3,4-methylenedioxyamphetamine;
 2179         i. PMA (4-methoxyamphetamine);
 2180         j. PMMA (4-methoxymethamphetamine);
 2181         k. DOM (4-Methyl-2,5-dimethoxyamphetamine);
 2182         l. MDEA (3,4-Methylenedioxy-N-ethylamphetamine);
 2183         m. MDA (3,4-Methylenedioxyamphetamine);
 2184         n. N,N-dimethylamphetamine;
 2185         o. 3,4,5-Trimethoxyamphetamine;
 2186         p. Methylone (3,4-Methylenedioxymethcathinone);
 2187         q. MDPV (3,4-Methylenedioxypyrovalerone) (MDPV); or
 2188         r. Methylmethcathinone,
 2189  
 2190  individually or analogs thereto or isomers thereto or in any
 2191  combination of or any mixture containing any substance listed in
 2192  sub-subparagraphs a.-r., commits a felony of the first degree,
 2193  which felony shall be known as “trafficking in Phenethylamines,”
 2194  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 2195         2. If the quantity involved:
 2196         a. Is 10 grams or more, but less than 200 grams, such
 2197  person shall be sentenced to a mandatory minimum term of
 2198  imprisonment of 3 years and shall be ordered to pay a fine of
 2199  $50,000.
 2200         b. Is 200 grams or more, but less than 400 grams, such
 2201  person shall be sentenced to a mandatory minimum term of
 2202  imprisonment of 7 years and shall be ordered to pay a fine of
 2203  $100,000.
 2204         c. Is 400 grams or more, such person shall be sentenced to
 2205  a mandatory minimum term of imprisonment of 15 years and shall
 2206  be ordered to pay a fine of $250,000.
 2207         3. A person who knowingly manufactures or brings into this
 2208  state 30 kilograms or more of any of the following substances
 2209  described in s. 893.03(1)(c):
 2210         a. MDMA (3,4-Methylenedioxymethamphetamine) (MDMA);
 2211         b. 2C-B (4-Bromo-2,5-dimethoxyamphetamine);
 2212         c. 2C-B (4-Bromo-2,5-dimethoxyphenethylamine);
 2213         d. 2,5-Dimethoxyamphetamine;
 2214         e. DOET (4-Ethyl-2,5-dimethoxyamphetamine) 2,5-Dimethoxy-4
 2215  ethylamphetamine (DOET);
 2216         f. N-ethylamphetamine;
 2217         g. N-Hydroxy-3,4-methylenedioxyamphetamine;
 2218         h. 5-Methoxy-3,4-methylenedioxyamphetamine;
 2219         i. PMA (4-methoxyamphetamine);
 2220         j. PMMA (4-methoxymethamphetamine);
 2221         k. DOM (4-Methyl-2,5-dimethoxyamphetamine);
 2222         l. MDEA (3,4-Methylenedioxy-N-ethylamphetamine);
 2223         m. MDA (3,4-Methylenedioxyamphetamine);
 2224         n. N,N-dimethylamphetamine;
 2225         o. 3,4,5-Trimethoxyamphetamine;
 2226         p. Methylone (3,4-Methylenedioxymethcathinone);
 2227         q. MDPV (3,4-Methylenedioxypyrovalerone) (MDPV); or
 2228         r. Methylmethcathinone,
 2229  
 2230  individually or analogs thereto or isomers thereto or in any
 2231  combination of or any mixture containing any substance listed in
 2232  sub-subparagraphs a.-r., and who knows that the probable result
 2233  of such manufacture or importation would be the death of any
 2234  person commits capital manufacture or importation of
 2235  Phenethylamines, a capital felony punishable as provided in ss.
 2236  775.082 and 921.142. A person sentenced for a capital felony
 2237  under this paragraph shall also be sentenced to pay the maximum
 2238  fine provided under subparagraph 1.
 2239         (l)1. Any person who knowingly sells, purchases,
 2240  manufactures, delivers, or brings into this state, or who is
 2241  knowingly in actual or constructive possession of, 1 gram or
 2242  more of lysergic acid diethylamide (LSD) as described in s.
 2243  893.03(1)(c), or of any mixture containing lysergic acid
 2244  diethylamide (LSD), commits a felony of the first degree, which
 2245  felony shall be known as “trafficking in lysergic acid
 2246  diethylamide (LSD),” punishable as provided in s. 775.082, s.
 2247  775.083, or s. 775.084. If the quantity involved:
 2248         a. Is 1 gram or more, but less than 5 grams, such person
 2249  shall be sentenced to a mandatory minimum term of imprisonment
 2250  of 3 years, and the defendant shall be ordered to pay a fine of
 2251  $50,000.
 2252         b. Is 5 grams or more, but less than 7 grams, such person
 2253  shall be sentenced to a mandatory minimum term of imprisonment
 2254  of 7 years, and the defendant shall be ordered to pay a fine of
 2255  $100,000.
 2256         c. Is 7 grams or more, such person shall be sentenced to a
 2257  mandatory minimum term of imprisonment of 15 calendar years and
 2258  pay a fine of $500,000.
 2259         2. Any person who knowingly manufactures or brings into
 2260  this state 7 grams or more of lysergic acid diethylamide (LSD)
 2261  as described in s. 893.03(1)(c), or any mixture containing
 2262  lysergic acid diethylamide (LSD), and who knows that the
 2263  probable result of such manufacture or importation would be the
 2264  death of any person commits capital manufacture or importation
 2265  of lysergic acid diethylamide (LSD), a capital felony punishable
 2266  as provided in ss. 775.082 and 921.142. Any person sentenced for
 2267  a capital felony under this paragraph shall also be sentenced to
 2268  pay the maximum fine provided under subparagraph 1.
 2269         (6) A mixture, as defined in s. 893.02, containing any
 2270  controlled substance described in this section includes, but is
 2271  not limited to, a solution or a dosage unit, including but not
 2272  limited to, a gelatin capsule, pill, or tablet, containing a
 2273  controlled substance. For the purpose of clarifying legislative
 2274  intent regarding the weighing of a mixture containing a
 2275  controlled substance described in this section, the weight of
 2276  the controlled substance is the total weight of the mixture,
 2277  including the controlled substance and any other substance in
 2278  the mixture. If there is more than one mixture containing the
 2279  same controlled substance, the weight of the controlled
 2280  substance is calculated by aggregating the total weight of each
 2281  mixture.
 2282         Section 7. Subsection (2) of section 893.138, Florida
 2283  Statutes, is amended to read:
 2284         893.138 Local administrative action to abate drug-related,
 2285  prostitution-related, or stolen-property-related public
 2286  nuisances and criminal gang activity.—
 2287         (2) Any place or premises that has been used:
 2288         (a) On more than two occasions within a 6-month period, as
 2289  the site of a violation of s. 796.07;
 2290         (b) On more than two occasions within a 6-month period, as
 2291  the site of the unlawful sale, delivery, manufacture, or
 2292  cultivation of any controlled substance;
 2293         (c) On one occasion as the site of the unlawful possession
 2294  of a controlled substance, where such possession constitutes a
 2295  felony and that has been previously used on more than one
 2296  occasion as the site of the unlawful sale, delivery,
 2297  manufacture, or cultivation of any controlled substance;
 2298         (d) By a criminal gang for the purpose of conducting
 2299  criminal gang activity as defined by s. 874.03; or
 2300         (e) On more than two occasions within a 6-month period, as
 2301  the site of a violation of s. 812.019 relating to dealing in
 2302  stolen property; or
 2303         (f) On two or more occasions within a 6-month period, as
 2304  the site of a violation of chapter 499,
 2305  
 2306  may be declared to be a public nuisance, and such nuisance may
 2307  be abated pursuant to the procedures provided in this section.
 2308         Section 8. Subsections (6) and (12) of section 893.145,
 2309  Florida Statutes, are amended to read:
 2310         893.145 “Drug paraphernalia” defined.—The term “drug
 2311  paraphernalia” means all equipment, products, and materials of
 2312  any kind which are used, intended for use, or designed for use
 2313  in planting, propagating, cultivating, growing, harvesting,
 2314  manufacturing, compounding, converting, producing, processing,
 2315  preparing, testing, analyzing, packaging, repackaging, storing,
 2316  containing, concealing, transporting, injecting, ingesting,
 2317  inhaling, or otherwise introducing into the human body a
 2318  controlled substance in violation of this chapter or s. 877.111.
 2319  Drug paraphernalia is deemed to be contraband which shall be
 2320  subject to civil forfeiture. The term includes, but is not
 2321  limited to:
 2322         (6) Diluents and adulterants, such as quinine
 2323  hydrochloride, caffeine, dimethyl sulfone, mannitol, mannite,
 2324  dextrose, and lactose, used, intended for use, or designed for
 2325  use in diluting cutting controlled substances; or substances
 2326  such as damiana leaf, marshmallow leaf, and mullein leaf, used,
 2327  intended for use, or designed for use as carrier mediums of
 2328  controlled substances.
 2329         (12) Objects used, intended for use, or designed for use in
 2330  ingesting, inhaling, or otherwise introducing controlled
 2331  substances, as described in s. 893.03, or substances described
 2332  in s. 877.111(1) cannabis, cocaine, hashish, hashish oil, or
 2333  nitrous oxide into the human body, such as:
 2334         (a) Metal, wooden, acrylic, glass, stone, plastic, or
 2335  ceramic pipes, with or without screens, permanent screens,
 2336  hashish heads, or punctured metal bowls.
 2337         (b) Water pipes.
 2338         (c) Carburetion tubes and devices.
 2339         (d) Smoking and carburetion masks.
 2340         (e) Roach clips: meaning objects used to hold burning
 2341  material, such as a cannabis cigarette, that has become too
 2342  small or too short to be held in the hand.
 2343         (f) Miniature cocaine spoons, and cocaine vials.
 2344         (g) Chamber pipes.
 2345         (h) Carburetor pipes.
 2346         (i) Electric pipes.
 2347         (j) Air-driven pipes.
 2348         (k) Chillums.
 2349         (l) Bongs.
 2350         (m) Ice pipes or chillers.
 2351         (n) A cartridge or canister, which means a small metal
 2352  device used to contain nitrous oxide.
 2353         (o) A charger, sometimes referred to as a “cracker,” which
 2354  means a small metal or plastic device that contains an interior
 2355  pin that may be used to expel nitrous oxide from a cartridge or
 2356  container.
 2357         (p) A charging bottle, which means a device that may be
 2358  used to expel nitrous oxide from a cartridge or canister.
 2359         (q) A whip-it, which means a device that may be used to
 2360  expel nitrous oxide.
 2361         (r) A tank.
 2362         (s) A balloon.
 2363         (t) A hose or tube.
 2364         (u) A 2-liter-type soda bottle.
 2365         (v) Duct tape.
 2366         Section 9. Paragraph (a) of subsection (1) of section
 2367  895.02, Florida Statutes, is amended to read:
 2368         895.02 Definitions.—As used in ss. 895.01-895.08, the term:
 2369         (1) “Racketeering activity” means to commit, to attempt to
 2370  commit, to conspire to commit, or to solicit, coerce, or
 2371  intimidate another person to commit:
 2372         (a) Any crime that is chargeable by petition, indictment,
 2373  or information under the following provisions of the Florida
 2374  Statutes:
 2375         1. Section 210.18, relating to evasion of payment of
 2376  cigarette taxes.
 2377         2. Section 316.1935, relating to fleeing or attempting to
 2378  elude a law enforcement officer and aggravated fleeing or
 2379  eluding.
 2380         3. Section 403.727(3)(b), relating to environmental
 2381  control.
 2382         4. Section 409.920 or s. 409.9201, relating to Medicaid
 2383  fraud.
 2384         5. Section 414.39, relating to public assistance fraud.
 2385         6. Section 440.105 or s. 440.106, relating to workers’
 2386  compensation.
 2387         7. Section 443.071(4), relating to creation of a fictitious
 2388  employer scheme to commit reemployment assistance fraud.
 2389         8. Section 465.0161, relating to distribution of medicinal
 2390  drugs without a permit as an Internet pharmacy.
 2391         9. Section 499.0051, relating to crimes involving
 2392  contraband, and adulterated, or misbranded drugs.
 2393         10. Part IV of chapter 501, relating to telemarketing.
 2394         11. Chapter 517, relating to sale of securities and
 2395  investor protection.
 2396         12. Section 550.235 or s. 550.3551, relating to dogracing
 2397  and horseracing.
 2398         13. Chapter 550, relating to jai alai frontons.
 2399         14. Section 551.109, relating to slot machine gaming.
 2400         15. Chapter 552, relating to the manufacture, distribution,
 2401  and use of explosives.
 2402         16. Chapter 560, relating to money transmitters, if the
 2403  violation is punishable as a felony.
 2404         17. Chapter 562, relating to beverage law enforcement.
 2405         18. Section 624.401, relating to transacting insurance
 2406  without a certificate of authority, s. 624.437(4)(c)1., relating
 2407  to operating an unauthorized multiple-employer welfare
 2408  arrangement, or s. 626.902(1)(b), relating to representing or
 2409  aiding an unauthorized insurer.
 2410         19. Section 655.50, relating to reports of currency
 2411  transactions, when such violation is punishable as a felony.
 2412         20. Chapter 687, relating to interest and usurious
 2413  practices.
 2414         21. Section 721.08, s. 721.09, or s. 721.13, relating to
 2415  real estate timeshare plans.
 2416         22. Section 775.13(5)(b), relating to registration of
 2417  persons found to have committed any offense for the purpose of
 2418  benefiting, promoting, or furthering the interests of a criminal
 2419  gang.
 2420         23. Section 777.03, relating to commission of crimes by
 2421  accessories after the fact.
 2422         24. Chapter 782, relating to homicide.
 2423         25. Chapter 784, relating to assault and battery.
 2424         26. Chapter 787, relating to kidnapping or human
 2425  trafficking.
 2426         27. Chapter 790, relating to weapons and firearms.
 2427         28. Chapter 794, relating to sexual battery, but only if
 2428  such crime was committed with the intent to benefit, promote, or
 2429  further the interests of a criminal gang, or for the purpose of
 2430  increasing a criminal gang member’s own standing or position
 2431  within a criminal gang.
 2432         29. Former s. 796.03, former s. 796.035, s. 796.04, s.
 2433  796.05, or s. 796.07, relating to prostitution.
 2434         30. Chapter 806, relating to arson and criminal mischief.
 2435         31. Chapter 810, relating to burglary and trespass.
 2436         32. Chapter 812, relating to theft, robbery, and related
 2437  crimes.
 2438         33. Chapter 815, relating to computer-related crimes.
 2439         34. Chapter 817, relating to fraudulent practices, false
 2440  pretenses, fraud generally, and credit card crimes.
 2441         35. Chapter 825, relating to abuse, neglect, or
 2442  exploitation of an elderly person or disabled adult.
 2443         36. Section 827.071, relating to commercial sexual
 2444  exploitation of children.
 2445         37. Section 828.122, relating to fighting or baiting
 2446  animals.
 2447         38. Chapter 831, relating to forgery and counterfeiting.
 2448         39. Chapter 832, relating to issuance of worthless checks
 2449  and drafts.
 2450         40. Section 836.05, relating to extortion.
 2451         41. Chapter 837, relating to perjury.
 2452         42. Chapter 838, relating to bribery and misuse of public
 2453  office.
 2454         43. Chapter 843, relating to obstruction of justice.
 2455         44. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
 2456  s. 847.07, relating to obscene literature and profanity.
 2457         45. Chapter 849, relating to gambling, lottery, gambling or
 2458  gaming devices, slot machines, or any of the provisions within
 2459  that chapter.
 2460         46. Chapter 874, relating to criminal gangs.
 2461         47. Chapter 893, relating to drug abuse prevention and
 2462  control.
 2463         48. Chapter 896, relating to offenses related to financial
 2464  transactions.
 2465         49. Sections 914.22 and 914.23, relating to tampering with
 2466  or harassing a witness, victim, or informant, and retaliation
 2467  against a witness, victim, or informant.
 2468         50. Sections 918.12 and 918.13, relating to tampering with
 2469  jurors and evidence.
 2470         Section 10. Paragraphs (c), (e), and (g) of subsection (3)
 2471  of section 921.0022, Florida Statutes, are amended, and
 2472  paragraphs (b), (d), and (h) of that subsection are republished,
 2473  to read:
 2474         921.0022 Criminal Punishment Code; offense severity ranking
 2475  chart.—
 2476         (3) OFFENSE SEVERITY RANKING CHART
 2477         (b) LEVEL 2
 2478  
 2479  FloridaStatute             FelonyDegree        Description        
 2480  379.2431 (1)(e)3.              3rd     Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
 2481  379.2431 (1)(e)4.              3rd     Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
 2482  403.413(6)(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.
 2483  517.07(2)                      3rd     Failure to furnish a prospectus meeting requirements.
 2484  590.28(1)                      3rd     Intentional burning of lands.
 2485  784.05(3)                      3rd     Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
 2486  787.04(1)                      3rd     In violation of court order, take, entice, etc., minor beyond state limits.
 2487  806.13(1)(b)3.                 3rd     Criminal mischief; damage $1,000 or more to public communication or any other public service.
 2488  810.061(2)                     3rd     Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
 2489  810.09(2)(e)                   3rd     Trespassing on posted commercial horticulture property.
 2490  812.014(2)(c)1.                3rd     Grand theft, 3rd degree; $300 or more but less than $5,000.
 2491  812.014(2)(d)                  3rd     Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.
 2492  812.015(7)                     3rd     Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
 2493  817.234(1)(a)2.                3rd     False statement in support of insurance claim.
 2494  817.481(3)(a)                  3rd     Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
 2495  817.52(3)                      3rd     Failure to redeliver hired vehicle.
 2496  817.54                         3rd     With intent to defraud, obtain mortgage note, etc., by false representation.
 2497  817.60(5)                      3rd     Dealing in credit cards of another.
 2498  817.60(6)(a)                   3rd     Forgery; purchase goods, services with false card.
 2499  817.61                         3rd     Fraudulent use of credit cards over $100 or more within 6 months.
 2500  826.04                         3rd     Knowingly marries or has sexual intercourse with person to whom related.
 2501  831.01                         3rd     Forgery.                   
 2502  831.02                         3rd     Uttering forged instrument; utters or publishes alteration with intent to defraud.
 2503  831.07                         3rd     Forging bank bills, checks, drafts, or promissory notes.
 2504  831.08                         3rd     Possessing 10 or more forged notes, bills, checks, or drafts.
 2505  831.09                         3rd     Uttering forged notes, bills, checks, drafts, or promissory notes.
 2506  831.11                         3rd     Bringing into the state forged bank bills, checks, drafts, or notes.
 2507  832.05(3)(a)                   3rd     Cashing or depositing item with intent to defraud.
 2508  843.08                         3rd     False personation.         
 2509  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.
 2510  893.147(2)                     3rd     Manufacture or delivery of drug paraphernalia.
 2511  
 2512  
 2513         (c) LEVEL 3
 2514  
 2515  FloridaStatute           FelonyDegree         Description          
 2516  119.10(2)(b)                 3rd     Unlawful use of confidential information from police reports.
 2517  316.066 (3)(b)-(d)           3rd     Unlawfully obtaining or using confidential crash reports.
 2518  316.193(2)(b)                3rd     Felony DUI, 3rd conviction.   
 2519  316.1935(2)                  3rd     Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
 2520  319.30(4)                    3rd     Possession by junkyard of motor vehicle with identification number plate removed.
 2521  319.33(1)(a)                 3rd     Alter or forge any certificate of title to a motor vehicle or mobile home.
 2522  319.33(1)(c)                 3rd     Procure or pass title on stolen vehicle.
 2523  319.33(4)                    3rd     With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
 2524  327.35(2)(b)                 3rd     Felony BUI.                   
 2525  328.05(2)                    3rd     Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
 2526  328.07(4)                    3rd     Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
 2527  376.302(5)                   3rd     Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
 2528  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.
 2529  379.2431 (1)(e)6.            3rd     Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
 2530  400.9935(4)(a) or (b)        3rd     Operating a clinic, or offering services requiring licensure, without a license.
 2531  400.9935(4)(e)               3rd     Filing a false license application or other required information or failing to report information.
 2532  440.1051(3)                  3rd     False report of workers’ compensation fraud or retaliation for making such a report.
 2533  501.001(2)(b)                2nd     Tampers with a consumer product or the container using materially false/misleading information.
 2534  624.401(4)(a)                3rd     Transacting insurance without a certificate of authority.
 2535  624.401(4)(b)1.              3rd     Transacting insurance without a certificate of authority; premium collected less than $20,000.
 2536  626.902(1)(a) & (b)          3rd     Representing an unauthorized insurer.
 2537  697.08                       3rd     Equity skimming.              
 2538  790.15(3)                    3rd     Person directs another to discharge firearm from a vehicle.
 2539  806.10(1)                    3rd     Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
 2540  806.10(2)                    3rd     Interferes with or assaults firefighter in performance of duty.
 2541  810.09(2)(c)                 3rd     Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
 2542  812.014(2)(c)2.              3rd     Grand theft; $5,000 or more but less than $10,000.
 2543  812.0145(2)(c)               3rd     Theft from person 65 years of age or older; $300 or more but less than $10,000.
 2544  815.04(5)(b)                 2nd     Computer offense devised to defraud or obtain property.
 2545  817.034(4)(a)3.              3rd     Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
 2546  817.233                      3rd     Burning to defraud insurer.   
 2547  817.234 (8)(b) & (c)         3rd     Unlawful solicitation of persons involved in motor vehicle accidents.
 2548  817.234(11)(a)               3rd     Insurance fraud; property value less than $20,000.
 2549  817.236                      3rd     Filing a false motor vehicle insurance application.
 2550  817.2361                     3rd     Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
 2551  817.413(2)                   3rd     Sale of used goods as new.    
 2552  817.505(4)                   3rd     Patient brokering.            
 2553  828.12(2)                    3rd     Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
 2554  831.28(2)(a)                 3rd     Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
 2555  831.29                       2nd     Possession of instruments for counterfeiting driver licenses or identification cards.
 2556  838.021(3)(b)                3rd     Threatens unlawful harm to public servant.
 2557  843.19                       3rd     Injure, disable, or kill police dog or horse.
 2558  860.15(3)                    3rd     Overcharging for repairs and parts.
 2559  870.01(2)                    3rd     Riot; inciting or encouraging.
 2560  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).
 2561  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.
 2562  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.
 2563  893.13(4)(c)                 3rd     Use or hire of minor; deliver to minor other controlled substances.
 2564  893.13(6)(a)                 3rd     Possession of any controlled substance other than felony possession of cannabis.
 2565  893.13(7)(a)8.               3rd     Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
 2566  893.13(7)(a)9.               3rd     Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
 2567  893.13(7)(a)10.              3rd     Affix false or forged label to package of controlled substance.
 2568  893.13(7)(a)11.              3rd     Furnish false or fraudulent material information on any document or record required by chapter 893.
 2569  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.
 2570  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.
 2571  893.13(8)(a)3.               3rd     Knowingly write a prescription for a controlled substance for a fictitious person.
 2572  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.
 2573  918.13(1)(a)                 3rd     Alter, destroy, or conceal investigation evidence.
 2574  944.47 (1)(a)1. & 2.         3rd     Introduce contraband to correctional facility.
 2575  944.47(1)(c)                 2nd     Possess contraband while upon the grounds of a correctional institution.
 2576  985.721                      3rd     Escapes from a juvenile facility (secure detention or residential commitment facility).
 2577  
 2578         (d) LEVEL 4
 2579  
 2580  FloridaStatute              FelonyDegree        Description        
 2581  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.
 2582  499.0051(1)                      3rd     Failure to maintain or deliver pedigree papers.
 2583  499.0051(2)                      3rd     Failure to authenticate pedigree papers.
 2584  499.0051(6)                      2nd     Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
 2585  517.07(1)                        3rd     Failure to register securities.
 2586  517.12(1)                        3rd     Failure of dealer, associated person, or issuer of securities to register.
 2587  784.07(2)(b)                     3rd     Battery of law enforcement officer, firefighter, etc.
 2588  784.074(1)(c)                    3rd     Battery of sexually violent predators facility staff.
 2589  784.075                          3rd     Battery on detention or commitment facility staff.
 2590  784.078                          3rd     Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
 2591  784.08(2)(c)                     3rd     Battery on a person 65 years of age or older.
 2592  784.081(3)                       3rd     Battery on specified official or employee.
 2593  784.082(3)                       3rd     Battery by detained person on visitor or other detainee.
 2594  784.083(3)                       3rd     Battery on code inspector.
 2595  784.085                          3rd     Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
 2596  787.03(1)                        3rd     Interference with custody; wrongly takes minor from appointed guardian.
 2597  787.04(2)                        3rd     Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
 2598  787.04(3)                        3rd     Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
 2599  787.07                           3rd     Human smuggling.          
 2600  790.115(1)                       3rd     Exhibiting firearm or weapon within 1,000 feet of a school.
 2601  790.115(2)(b)                    3rd     Possessing electric weapon or device, destructive device, or other weapon on school property.
 2602  790.115(2)(c)                    3rd     Possessing firearm on school property.
 2603  800.04(7)(c)                     3rd     Lewd or lascivious exhibition; offender less than 18 years.
 2604  810.02(4)(a)                     3rd     Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
 2605  810.02(4)(b)                     3rd     Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
 2606  810.06                           3rd     Burglary; possession of tools.
 2607  810.08(2)(c)                     3rd     Trespass on property, armed with firearm or dangerous weapon.
 2608  812.014(2)(c)3.                  3rd     Grand theft, 3rd degree $10,000 or more but less than $20,000.
 2609  812.014 (2)(c)4.-10.             3rd     Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
 2610  812.0195(2)                      3rd     Dealing in stolen property by use of the Internet; property stolen $300 or more.
 2611  817.563(1)                       3rd     Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
 2612  817.568(2)(a)                    3rd     Fraudulent use of personal identification information.
 2613  817.625(2)(a)                    3rd     Fraudulent use of scanning device or reencoder.
 2614  828.125(1)                       2nd     Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
 2615  837.02(1)                        3rd     Perjury in official proceedings.
 2616  837.021(1)                       3rd     Make contradictory statements in official proceedings.
 2617  838.022                          3rd     Official misconduct.      
 2618  839.13(2)(a)                     3rd     Falsifying records of an individual in the care and custody of a state agency.
 2619  839.13(2)(c)                     3rd     Falsifying records of the Department of Children and Families.
 2620  843.021                          3rd     Possession of a concealed handcuff key by a person in custody.
 2621  843.025                          3rd     Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
 2622  843.15(1)(a)                     3rd     Failure to appear while on bail for felony (bond estreature or bond jumping).
 2623  847.0135(5)(c)                   3rd     Lewd or lascivious exhibition using computer; offender less than 18 years.
 2624  874.05(1)(a)                     3rd     Encouraging or recruiting another to join a criminal gang.
 2625  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).
 2626  914.14(2)                        3rd     Witnesses accepting bribes.
 2627  914.22(1)                        3rd     Force, threaten, etc., witness, victim, or informant.
 2628  914.23(2)                        3rd     Retaliation against a witness, victim, or informant, no bodily injury.
 2629  918.12                           3rd     Tampering with jurors.    
 2630  934.215                          3rd     Use of two-way communications device to facilitate commission of a crime.
 2631  
 2632         (e) LEVEL 5
 2633  
 2634  FloridaStatute              FelonyDegree        Description        
 2635  316.027(2)(a)                    3rd     Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
 2636  316.1935(4)(a)                   2nd     Aggravated fleeing or eluding.
 2637  322.34(6)                        3rd     Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
 2638  327.30(5)                        3rd     Vessel accidents involving personal injury; leaving scene.
 2639  379.367(4)                       3rd     Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
 2640  379.3671 (2)(c)3.                3rd     Willful molestation, possession, or removal of a commercial harvester’s trap contents or trap gear by another harvester.
 2641  381.0041(11)(b)                  3rd     Donate blood, plasma, or organs knowing HIV positive.
 2642  440.10(1)(g)                     2nd     Failure to obtain workers’ compensation coverage.
 2643  440.105(5)                       2nd     Unlawful solicitation for the purpose of making workers’ compensation claims.
 2644  440.381(2)                       2nd     Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
 2645  624.401(4)(b)2.                  2nd     Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
 2646  626.902(1)(c)                    2nd     Representing an unauthorized insurer; repeat offender.
 2647  790.01(2)                        3rd     Carrying a concealed firearm.
 2648  790.162                          2nd     Threat to throw or discharge destructive device.
 2649  790.163(1)                       2nd     False report of deadly explosive or weapon of mass destruction.
 2650  790.221(1)                       2nd     Possession of short-barreled shotgun or machine gun.
 2651  790.23                           2nd     Felons in possession of firearms, ammunition, or electronic weapons or devices.
 2652  796.05(1)                        2nd     Live on earnings of a prostitute; 1st offense.
 2653  800.04(6)(c)                     3rd     Lewd or lascivious conduct; offender less than 18 years of age.
 2654  800.04(7)(b)                     2nd     Lewd or lascivious exhibition; offender 18 years of age or older.
 2655  806.111(1)                       3rd     Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
 2656  812.0145(2)(b)                   2nd     Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
 2657  812.015(8)                       3rd     Retail theft; property stolen is valued at $300 or more and one or more specified acts.
 2658  812.019(1)                       2nd     Stolen property; dealing in or trafficking in.
 2659  812.131(2)(b)                    3rd     Robbery by sudden snatching.
 2660  812.16(2)                        3rd     Owning, operating, or conducting a chop shop.
 2661  817.034(4)(a)2.                  2nd     Communications fraud, value $20,000 to $50,000.
 2662  817.234(11)(b)                   2nd     Insurance fraud; property value $20,000 or more but less than $100,000.
 2663  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.
 2664  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 persons.
 2665  817.625(2)(b)                    2nd     Second or subsequent fraudulent use of scanning device or reencoder.
 2666  825.1025(4)                      3rd     Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
 2667  827.071(4)                       2nd     Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
 2668  827.071(5)                       3rd     Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
 2669  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.
 2670  843.01                           3rd     Resist officer with violence to person; resist arrest with violence.
 2671  847.0135(5)(b)                   2nd     Lewd or lascivious exhibition using computer; offender 18 years or older.
 2672  847.0137 (2) & (3)               3rd     Transmission of pornography by electronic device or equipment.
 2673  847.0138 (2) & (3)               3rd     Transmission of material harmful to minors to a minor by electronic device or equipment.
 2674  874.05(1)(b)                     2nd     Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
 2675  874.05(2)(a)                     2nd     Encouraging or recruiting person under 13 years of age to join a criminal gang.
 2676  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).
 2677  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.
 2678  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.
 2679  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.
 2680  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.
 2681  893.13(4)(b)                     2nd     Use or hire of minor; deliver to minor other controlled substance 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).
 2682  893.1351(1)                      3rd     Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
 2683  
 2684         (g) LEVEL 7
 2685  
 2686  FloridaStatute           FelonyDegree         Description         
 2687  316.027(2)(c)                 1st     Accident involving death, failure to stop; leaving scene.
 2688  316.193(3)(c)2.               3rd     DUI resulting in serious bodily injury.
 2689  316.1935(3)(b)                1st     Causing serious bodily injury or death to another person; 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.
 2690  327.35(3)(c)2.                3rd     Vessel BUI resulting in serious bodily injury.
 2691  402.319(2)                    2nd     Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
 2692  409.920 (2)(b)1.a.            3rd     Medicaid provider fraud; $10,000 or less.
 2693  409.920 (2)(b)1.b.            2nd     Medicaid provider fraud; more than $10,000, but less than $50,000.
 2694  456.065(2)                    3rd     Practicing a health care profession without a license.
 2695  456.065(2)                    2nd     Practicing a health care profession without a license which results in serious bodily injury.
 2696  458.327(1)                    3rd     Practicing medicine without a license.
 2697  459.013(1)                    3rd     Practicing osteopathic medicine without a license.
 2698  460.411(1)                    3rd     Practicing chiropractic medicine without a license.
 2699  461.012(1)                    3rd     Practicing podiatric medicine without a license.
 2700  462.17                        3rd     Practicing naturopathy without a license.
 2701  463.015(1)                    3rd     Practicing optometry without a license.
 2702  464.016(1)                    3rd     Practicing nursing without a license.
 2703  465.015(2)                    3rd     Practicing pharmacy without a license.
 2704  466.026(1)                    3rd     Practicing dentistry or dental hygiene without a license.
 2705  467.201                       3rd     Practicing midwifery without a license.
 2706  468.366                       3rd     Delivering respiratory care services without a license.
 2707  483.828(1)                    3rd     Practicing as clinical laboratory personnel without a license.
 2708  483.901(9)                    3rd     Practicing medical physics without a license.
 2709  484.013(1)(c)                 3rd     Preparing or dispensing optical devices without a prescription.
 2710  484.053                       3rd     Dispensing hearing aids without a license.
 2711  494.0018(2)                   1st     Conviction of any violation of chapter 494 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
 2712  560.123(8)(b)1.               3rd     Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
 2713  560.125(5)(a)                 3rd     Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
 2714  655.50(10)(b)1.               3rd     Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
 2715  775.21(10)(a)                 3rd     Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
 2716  775.21(10)(b)                 3rd     Sexual predator working where children regularly congregate.
 2717  775.21(10)(g)                 3rd     Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
 2718  782.051(3)                    2nd     Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
 2719  782.07(1)                     2nd     Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
 2720  782.071                       2nd     Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
 2721  782.072                       2nd     Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
 2722  784.045(1)(a)1.               2nd     Aggravated battery; intentionally causing great bodily harm or disfigurement.
 2723  784.045(1)(a)2.               2nd     Aggravated battery; using deadly weapon.
 2724  784.045(1)(b)                 2nd     Aggravated battery; perpetrator aware victim pregnant.
 2725  784.048(4)                    3rd     Aggravated stalking; violation of injunction or court order.
 2726  784.048(7)                    3rd     Aggravated stalking; violation of court order.
 2727  784.07(2)(d)                  1st     Aggravated battery on law enforcement officer.
 2728  784.074(1)(a)                 1st     Aggravated battery on sexually violent predators facility staff.
 2729  784.08(2)(a)                  1st     Aggravated battery on a person 65 years of age or older.
 2730  784.081(1)                    1st     Aggravated battery on specified official or employee.
 2731  784.082(1)                    1st     Aggravated battery by detained person on visitor or other detainee.
 2732  784.083(1)                    1st     Aggravated battery on code inspector.
 2733  787.06(3)(a)2.                1st     Human trafficking using coercion for labor and services of an adult.
 2734  787.06(3)(e)2.                1st     Human trafficking using coercion for labor and services by the transfer or transport of an adult from outside Florida to within the state.
 2735  790.07(4)                     1st     Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
 2736  790.16(1)                     1st     Discharge of a machine gun under specified circumstances.
 2737  790.165(2)                    2nd     Manufacture, sell, possess, or deliver hoax bomb.
 2738  790.165(3)                    2nd     Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
 2739  790.166(3)                    2nd     Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
 2740  790.166(4)                    2nd     Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
 2741  790.23                      1st,PBL   Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
 2742  794.08(4)                     3rd     Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
 2743  796.05(1)                     1st     Live on earnings of a prostitute; 2nd offense.
 2744  796.05(1)                     1st     Live on earnings of a prostitute; 3rd and subsequent offense.
 2745  800.04(5)(c)1.                2nd     Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
 2746  800.04(5)(c)2.                2nd     Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years of age; offender 18 years of age or older.
 2747  800.04(5)(e)                  1st     Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years; offender 18 years or older; prior conviction for specified sex offense.
 2748  806.01(2)                     2nd     Maliciously damage structure by fire or explosive.
 2749  810.02(3)(a)                  2nd     Burglary of occupied dwelling; unarmed; no assault or battery.
 2750  810.02(3)(b)                  2nd     Burglary of unoccupied dwelling; unarmed; no assault or battery.
 2751  810.02(3)(d)                  2nd     Burglary of occupied conveyance; unarmed; no assault or battery.
 2752  810.02(3)(e)                  2nd     Burglary of authorized emergency vehicle.
 2753  812.014(2)(a)1.               1st     Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
 2754  812.014(2)(b)2.               2nd     Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
 2755  812.014(2)(b)3.               2nd     Property stolen, emergency medical equipment; 2nd degree grand theft.
 2756  812.014(2)(b)4.               2nd     Property stolen, law enforcement equipment from authorized emergency vehicle.
 2757  812.0145(2)(a)                1st     Theft from person 65 years of age or older; $50,000 or more.
 2758  812.019(2)                    1st     Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
 2759  812.131(2)(a)                 2nd     Robbery by sudden snatching.
 2760  812.133(2)(b)                 1st     Carjacking; no firearm, deadly weapon, or other weapon.
 2761  817.034(4)(a)1.               1st     Communications fraud, value greater than $50,000.
 2762  817.234(8)(a)                 2nd     Solicitation of motor vehicle accident victims with intent to defraud.
 2763  817.234(9)                    2nd     Organizing, planning, or participating in an intentional motor vehicle collision.
 2764  817.234(11)(c)                1st     Insurance fraud; property value $100,000 or more.
 2765  817.2341 (2)(b) & (3)(b)      1st     Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
 2766  817.535(2)(a)                 3rd     Filing false lien or other unauthorized document.
 2767  825.102(3)(b)                 2nd     Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
 2768  825.103(3)(b)                 2nd     Exploiting an elderly person or disabled adult and property is valued at $10,000 or more, but less than $50,000.
 2769  827.03(2)(b)                  2nd     Neglect of a child causing great bodily harm, disability, or disfigurement.
 2770  827.04(3)                     3rd     Impregnation of a child under 16 years of age by person 21 years of age or older.
 2771  837.05(2)                     3rd     Giving false information about alleged capital felony to a law enforcement officer.
 2772  838.015                       2nd     Bribery.                    
 2773  838.016                       2nd     Unlawful compensation or reward for official behavior.
 2774  838.021(3)(a)                 2nd     Unlawful harm to a public servant.
 2775  838.22                        2nd     Bid tampering.              
 2776  843.0855(2)                   3rd     Impersonation of a public officer or employee.
 2777  843.0855(3)                   3rd     Unlawful simulation of legal process.
 2778  843.0855(4)                   3rd     Intimidation of a public officer or employee.
 2779  847.0135(3)                   3rd     Solicitation of a child, via a computer service, to commit an unlawful sex act.
 2780  847.0135(4)                   2nd     Traveling to meet a minor to commit an unlawful sex act.
 2781  872.06                        2nd     Abuse of a dead human body. 
 2782  874.05(2)(b)                  1st     Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
 2783  874.10                      1st,PBL   Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
 2784  893.13(1)(c)1.                1st     Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
 2785  893.13(1)(e)1.                1st     Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
 2786  893.13(4)(a)                  1st     Use or hire of minor; deliver to minor other controlled substance cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
 2787  893.135(1)(a)1.               1st     Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
 2788  893.135 (1)(b)1.a.            1st     Trafficking in cocaine, more than 28 grams, less than 200 grams.
 2789  893.135 (1)(c)1.a.            1st     Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
 2790  893.135 (1)(c)2.a.            1st     Trafficking in hydrocodone, 14 grams or more, less than 28 grams.
 2791  893.135 (1)(c)2.b.            1st     Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
 2792  893.135 (1)(c)3.a.            1st     Trafficking in oxycodone, 7 grams or more, less than 14 grams.
 2793  893.135 (1)(c)3.b.            1st     Trafficking in oxycodone, 14 grams or more, less than 25 grams.
 2794  893.135(1)(d)1.               1st     Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
 2795  893.135(1)(e)1.               1st     Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
 2796  893.135(1)(f)1.               1st     Trafficking in amphetamine, more than 14 grams, less than 28 grams.
 2797  893.135 (1)(g)1.a.            1st     Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
 2798  893.135 (1)(h)1.a.            1st     Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
 2799  893.135 (1)(j)1.a.            1st     Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
 2800  893.135 (1)(k)2.a.            1st     Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
 2801  893.1351(2)                   2nd     Possession of place for trafficking in or manufacturing of controlled substance.
 2802  896.101(5)(a)                 3rd     Money laundering, financial transactions exceeding $300 but less than $20,000.
 2803  896.104(4)(a)1.               3rd     Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
 2804  943.0435(4)(c)                2nd     Sexual offender vacating permanent residence; failure to comply with reporting requirements.
 2805  943.0435(8)                   2nd     Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
 2806  943.0435(9)(a)                3rd     Sexual offender; failure to comply with reporting requirements.
 2807  943.0435(13)                  3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 2808  943.0435(14)                  3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 2809  944.607(9)                    3rd     Sexual offender; failure to comply with reporting requirements.
 2810  944.607(10)(a)                3rd     Sexual offender; failure to submit to the taking of a digitized photograph.
 2811  944.607(12)                   3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 2812  944.607(13)                   3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 2813  985.4815(10)                  3rd     Sexual offender; failure to submit to the taking of a digitized photograph.
 2814  985.4815(12)                  3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 2815  985.4815(13)                  3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 2816  
 2817         (h) LEVEL 8
 2818  
 2819  FloridaStatute            FelonyDegree         Description         
 2820  316.193 (3)(c)3.a.             2nd     DUI manslaughter.           
 2821  316.1935(4)(b)                 1st     Aggravated fleeing or attempted eluding with serious bodily injury or death.
 2822  327.35(3)(c)3.                 2nd     Vessel BUI manslaughter.    
 2823  499.0051(7)                    1st     Knowing trafficking in contraband prescription drugs.
 2824  499.0051(8)                    1st     Knowing forgery of prescription labels or prescription drug labels.
 2825  560.123(8)(b)2.                2nd     Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
 2826  560.125(5)(b)                  2nd     Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
 2827  655.50(10)(b)2.                2nd     Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
 2828  777.03(2)(a)                   1st     Accessory after the fact, capital felony.
 2829  782.04(4)                      2nd     Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aggravated fleeing or eluding with serious bodily injury or death, aircraft piracy, or unlawfully discharging bomb.
 2830  782.051(2)                     1st     Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
 2831  782.071(1)(b)                  1st     Committing vehicular homicide and failing to render aid or give information.
 2832  782.072(2)                     1st     Committing vessel homicide and failing to render aid or give information.
 2833  787.06(3)(a)1.                 1st     Human trafficking for labor and services of a child.
 2834  787.06(3)(b)                   1st     Human trafficking using coercion for commercial sexual activity of an adult.
 2835  787.06(3)(c)2.                 1st     Human trafficking using coercion for labor and services of an unauthorized alien adult.
 2836  787.06(3)(e)1.                 1st     Human trafficking for labor and services by the transfer or transport of a child from outside Florida to within the state.
 2837  787.06(3)(f)2.                 1st     Human trafficking using coercion for commercial sexual activity by the transfer or transport of any adult from outside Florida to within the state.
 2838  790.161(3)                     1st     Discharging a destructive device which results in bodily harm or property damage.
 2839  794.011(5)(a)                  1st     Sexual battery; victim 12 years of age or older but younger than 18 years; offender 18 years or older; offender does not use physical force likely to cause serious injury.
 2840  794.011(5)(b)                  2nd     Sexual battery; victim and offender 18 years of age or older; offender does not use physical force likely to cause serious injury.
 2841  794.011(5)(c)                  2nd     Sexual battery; victim 12 years of age or older; offender younger than 18 years; offender does not use physical force likely to cause injury.
 2842  794.011(5)(d)                  1st     Sexual battery; victim 12 years of age or older; offender does not use physical force likely to cause serious injury; prior conviction for specified sex offense.
 2843  794.08(3)                      2nd     Female genital mutilation, removal of a victim younger than 18 years of age from this state.
 2844  800.04(4)(b)                   2nd     Lewd or lascivious battery. 
 2845  800.04(4)(c)                   1st     Lewd or lascivious battery; offender 18 years of age or older; prior conviction for specified sex offense.
 2846  806.01(1)                      1st     Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
 2847  810.02(2)(a)                 1st,PBL   Burglary with assault or battery.
 2848  810.02(2)(b)                 1st,PBL   Burglary; armed with explosives or dangerous weapon.
 2849  810.02(2)(c)                   1st     Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
 2850  812.014(2)(a)2.                1st     Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
 2851  812.13(2)(b)                   1st     Robbery with a weapon.      
 2852  812.135(2)(c)                  1st     Home-invasion robbery, no firearm, deadly weapon, or other weapon.
 2853  817.535(2)(b)                  2nd     Filing false lien or other unauthorized document; second or subsequent offense.
 2854  817.535(3)(a)                  2nd     Filing false lien or other unauthorized document; property owner is a public officer or employee.
 2855  817.535(4)(a)1.                2nd     Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
 2856  817.535(5)(a)                  2nd     Filing false lien or other unauthorized document; owner of the property incurs financial loss as a result of the false instrument.
 2857  817.568(6)                     2nd     Fraudulent use of personal identification information of an individual under the age of 18.
 2858  825.102(2)                     1st     Aggravated abuse of an elderly person or disabled adult.
 2859  825.1025(2)                    2nd     Lewd or lascivious battery upon an elderly person or disabled adult.
 2860  825.103(3)(a)                  1st     Exploiting an elderly person or disabled adult and property is valued at $50,000 or more.
 2861  837.02(2)                      2nd     Perjury in official proceedings relating to prosecution of a capital felony.
 2862  837.021(2)                     2nd     Making contradictory statements in official proceedings relating to prosecution of a capital felony.
 2863  860.121(2)(c)                  1st     Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
 2864  860.16                         1st     Aircraft piracy.            
 2865  893.13(1)(b)                   1st     Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
 2866  893.13(2)(b)                   1st     Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
 2867  893.13(6)(c)                   1st     Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
 2868  893.135(1)(a)2.                1st     Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
 2869  893.135 (1)(b)1.b.             1st     Trafficking in cocaine, more than 200 grams, less than 400 grams.
 2870  893.135 (1)(c)1.b.             1st     Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
 2871  893.135 (1)(c)2.c.             1st     Trafficking in hydrocodone, 50 grams or more, less than 200 grams.
 2872  893.135 (1)(c)3.c.             1st     Trafficking in oxycodone, 25 grams or more, less than 100 grams.
 2873  893.135 (1)(d)1.b.             1st     Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
 2874  893.135 (1)(e)1.b.             1st     Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
 2875  893.135 (1)(f)1.b.             1st     Trafficking in amphetamine, more than 28 grams, less than 200 grams.
 2876  893.135 (1)(g)1.b.             1st     Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
 2877  893.135 (1)(h)1.b.             1st     Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
 2878  893.135 (1)(j)1.b.             1st     Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
 2879  893.135 (1)(k)2.b.             1st     Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
 2880  893.1351(3)                    1st     Possession of a place used to manufacture controlled substance when minor is present or resides there.
 2881  895.03(1)                      1st     Use or invest proceeds derived from pattern of racketeering activity.
 2882  895.03(2)                      1st     Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
 2883  895.03(3)                      1st     Conduct or participate in any enterprise through pattern of racketeering activity.
 2884  896.101(5)(b)                  2nd     Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
 2885  896.104(4)(a)2.                2nd     Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
 2886  
 2887  
 2888         Section 11. For the purpose of incorporating the amendment
 2889  made by this act to section 893.03, Florida Statutes, in
 2890  references thereto, paragraphs (a) and (g) of subsection (30) of
 2891  section 39.01, Florida Statutes, are reenacted to read:
 2892         39.01 Definitions.—When used in this chapter, unless the
 2893  context otherwise requires:
 2894         (30) “Harm” to a child’s health or welfare can occur when
 2895  any person:
 2896         (a) Inflicts or allows to be inflicted upon the child
 2897  physical, mental, or emotional injury. In determining whether
 2898  harm has occurred, the following factors must be considered in
 2899  evaluating any physical, mental, or emotional injury to a child:
 2900  the age of the child; any prior history of injuries to the
 2901  child; the location of the injury on the body of the child; the
 2902  multiplicity of the injury; and the type of trauma inflicted.
 2903  Such injury includes, but is not limited to:
 2904         1. Willful acts that produce the following specific
 2905  injuries:
 2906         a. Sprains, dislocations, or cartilage damage.
 2907         b. Bone or skull fractures.
 2908         c. Brain or spinal cord damage.
 2909         d. Intracranial hemorrhage or injury to other internal
 2910  organs.
 2911         e. Asphyxiation, suffocation, or drowning.
 2912         f. Injury resulting from the use of a deadly weapon.
 2913         g. Burns or scalding.
 2914         h. Cuts, lacerations, punctures, or bites.
 2915         i. Permanent or temporary disfigurement.
 2916         j. Permanent or temporary loss or impairment of a body part
 2917  or function.
 2918  
 2919  As used in this subparagraph, the term “willful” refers to the
 2920  intent to perform an action, not to the intent to achieve a
 2921  result or to cause an injury.
 2922         2. Purposely giving a child poison, alcohol, drugs, or
 2923  other substances that substantially affect the child’s behavior,
 2924  motor coordination, or judgment or that result in sickness or
 2925  internal injury. For the purposes of this subparagraph, the term
 2926  “drugs” means prescription drugs not prescribed for the child or
 2927  not administered as prescribed, and controlled substances as
 2928  outlined in Schedule I or Schedule II of s. 893.03.
 2929         3. Leaving a child without adult supervision or arrangement
 2930  appropriate for the child’s age or mental or physical condition,
 2931  so that the child is unable to care for the child’s own needs or
 2932  another’s basic needs or is unable to exercise good judgment in
 2933  responding to any kind of physical or emotional crisis.
 2934         4. Inappropriate or excessively harsh disciplinary action
 2935  that is likely to result in physical injury, mental injury as
 2936  defined in this section, or emotional injury. The significance
 2937  of any injury must be evaluated in light of the following
 2938  factors: the age of the child; any prior history of injuries to
 2939  the child; the location of the injury on the body of the child;
 2940  the multiplicity of the injury; and the type of trauma
 2941  inflicted. Corporal discipline may be considered excessive or
 2942  abusive when it results in any of the following or other similar
 2943  injuries:
 2944         a. Sprains, dislocations, or cartilage damage.
 2945         b. Bone or skull fractures.
 2946         c. Brain or spinal cord damage.
 2947         d. Intracranial hemorrhage or injury to other internal
 2948  organs.
 2949         e. Asphyxiation, suffocation, or drowning.
 2950         f. Injury resulting from the use of a deadly weapon.
 2951         g. Burns or scalding.
 2952         h. Cuts, lacerations, punctures, or bites.
 2953         i. Permanent or temporary disfigurement.
 2954         j. Permanent or temporary loss or impairment of a body part
 2955  or function.
 2956         k. Significant bruises or welts.
 2957         (g) Exposes a child to a controlled substance or alcohol.
 2958  Exposure to a controlled substance or alcohol is established by:
 2959         1. A test, administered at birth, which indicated that the
 2960  child’s blood, urine, or meconium contained any amount of
 2961  alcohol or a controlled substance or metabolites of such
 2962  substances, the presence of which was not the result of medical
 2963  treatment administered to the mother or the newborn infant; or
 2964         2. Evidence of extensive, abusive, and chronic use of a
 2965  controlled substance or alcohol by a parent when the child is
 2966  demonstrably adversely affected by such usage.
 2967  
 2968  As used in this paragraph, the term “controlled substance” means
 2969  prescription drugs not prescribed for the parent or not
 2970  administered as prescribed and controlled substances as outlined
 2971  in Schedule I or Schedule II of s. 893.03.
 2972         Section 12. For the purpose of incorporating the amendment
 2973  made by this act to section 893.03, Florida Statutes, in a
 2974  reference thereto, subsection (5) of section 316.193, Florida
 2975  Statutes, is reenacted to read:
 2976         316.193 Driving under the influence; penalties.—
 2977         (5) The court shall place all offenders convicted of
 2978  violating this section on monthly reporting probation and shall
 2979  require completion of a substance abuse course conducted by a
 2980  DUI program licensed by the department under s. 322.292, which
 2981  must include a psychosocial evaluation of the offender. If the
 2982  DUI program refers the offender to an authorized substance abuse
 2983  treatment provider for substance abuse treatment, in addition to
 2984  any sentence or fine imposed under this section, completion of
 2985  all such education, evaluation, and treatment is a condition of
 2986  reporting probation. The offender shall assume reasonable costs
 2987  for such education, evaluation, and treatment. The referral to
 2988  treatment resulting from a psychosocial evaluation shall not be
 2989  waived without a supporting independent psychosocial evaluation
 2990  conducted by an authorized substance abuse treatment provider
 2991  appointed by the court, which shall have access to the DUI
 2992  program’s psychosocial evaluation before the independent
 2993  psychosocial evaluation is conducted. The court shall review the
 2994  results and recommendations of both evaluations before
 2995  determining the request for waiver. The offender shall bear the
 2996  full cost of this procedure. The term “substance abuse” means
 2997  the abuse of alcohol or any substance named or described in
 2998  Schedules I through V of s. 893.03. If an offender referred to
 2999  treatment under this subsection fails to report for or complete
 3000  such treatment or fails to complete the DUI program substance
 3001  abuse education course and evaluation, the DUI program shall
 3002  notify the court and the department of the failure. Upon receipt
 3003  of the notice, the department shall cancel the offender’s
 3004  driving privilege, notwithstanding the terms of the court order
 3005  or any suspension or revocation of the driving privilege. The
 3006  department may temporarily reinstate the driving privilege on a
 3007  restricted basis upon verification from the DUI program that the
 3008  offender is currently participating in treatment and the DUI
 3009  education course and evaluation requirement has been completed.
 3010  If the DUI program notifies the department of the second failure
 3011  to complete treatment, the department shall reinstate the
 3012  driving privilege only after notice of completion of treatment
 3013  from the DUI program. The organization that conducts the
 3014  substance abuse education and evaluation may not provide
 3015  required substance abuse treatment unless a waiver has been
 3016  granted to that organization by the department. A waiver may be
 3017  granted only if the department determines, in accordance with
 3018  its rules, that the service provider that conducts the substance
 3019  abuse education and evaluation is the most appropriate service
 3020  provider and is licensed under chapter 397 or is exempt from
 3021  such licensure. A statistical referral report shall be submitted
 3022  quarterly to the department by each organization authorized to
 3023  provide services under this section.
 3024         Section 13. For the purpose of incorporating the amendment
 3025  made by this act to section 893.03, Florida Statutes, in a
 3026  reference thereto, paragraph (c) of subsection (2) of section
 3027  322.2616, Florida Statutes, is reenacted to read:
 3028         322.2616 Suspension of license; persons under 21 years of
 3029  age; right to review.—
 3030         (2)
 3031         (c) When a driver subject to this section has a blood
 3032  alcohol or breath-alcohol level of 0.05 or higher, the
 3033  suspension shall remain in effect until such time as the driver
 3034  has completed a substance abuse course offered by a DUI program
 3035  licensed by the department. The driver shall assume the
 3036  reasonable costs for the substance abuse course. As part of the
 3037  substance abuse course, the program shall conduct a substance
 3038  abuse evaluation of the driver, and notify the parents or legal
 3039  guardians of drivers under the age of 19 years of the results of
 3040  the evaluation. The term “substance abuse” means the abuse of
 3041  alcohol or any substance named or described in Schedules I
 3042  through V of s. 893.03. If a driver fails to complete the
 3043  substance abuse education course and evaluation, the driver
 3044  license shall not be reinstated by the department.
 3045         Section 14. For the purpose of incorporating the amendment
 3046  made by this act to section 893.03, Florida Statutes, in a
 3047  reference thereto, subsection (5) of section 327.35, Florida
 3048  Statutes, is reenacted to read:
 3049         327.35 Boating under the influence; penalties; “designated
 3050  drivers.”—
 3051         (5) In addition to any sentence or fine, the court shall
 3052  place any offender convicted of violating this section on
 3053  monthly reporting probation and shall require attendance at a
 3054  substance abuse course specified by the court; and the agency
 3055  conducting the course may refer the offender to an authorized
 3056  service provider for substance abuse evaluation and treatment,
 3057  in addition to any sentence or fine imposed under this section.
 3058  The offender shall assume reasonable costs for such education,
 3059  evaluation, and treatment, with completion of all such
 3060  education, evaluation, and treatment being a condition of
 3061  reporting probation. Treatment resulting from a psychosocial
 3062  evaluation may not be waived without a supporting psychosocial
 3063  evaluation conducted by an agency appointed by the court and
 3064  with access to the original evaluation. The offender shall bear
 3065  the cost of this procedure. The term “substance abuse” means the
 3066  abuse of alcohol or any substance named or described in
 3067  Schedules I-V of s. 893.03.
 3068         Section 15. For the purpose of incorporating the amendment
 3069  made by this act to section 893.03, Florida Statutes, in a
 3070  reference thereto, paragraph (b) of subsection (11) of section
 3071  440.102, Florida Statutes, is reenacted to read:
 3072         440.102 Drug-free workplace program requirements.—The
 3073  following provisions apply to a drug-free workplace program
 3074  implemented pursuant to law or to rules adopted by the Agency
 3075  for Health Care Administration:
 3076         (11) PUBLIC EMPLOYEES IN MANDATORY-TESTING OR SPECIAL-RISK
 3077  POSITIONS.—
 3078         (b) An employee who is employed by a public employer in a
 3079  special-risk position may be discharged or disciplined by a
 3080  public employer for the first positive confirmed test result if
 3081  the drug confirmed is an illicit drug under s. 893.03. A
 3082  special-risk employee who is participating in an employee
 3083  assistance program or drug rehabilitation program may not be
 3084  allowed to continue to work in any special-risk or mandatory
 3085  testing position of the public employer, but may be assigned to
 3086  a position other than a mandatory-testing position or placed on
 3087  leave while the employee is participating in the program.
 3088  However, the employee shall be permitted to use any accumulated
 3089  annual leave credits before leave may be ordered without pay.
 3090         Section 16. For the purpose of incorporating the amendment
 3091  made by this act to section 893.03, Florida Statutes, in a
 3092  reference thereto, subsection (2) of section 456.44, Florida
 3093  Statutes, is reenacted to read:
 3094         456.44 Controlled substance prescribing.—
 3095         (2) REGISTRATION.—Effective January 1, 2012, a physician
 3096  licensed under chapter 458, chapter 459, chapter 461, or chapter
 3097  466 who prescribes any controlled substance, listed in Schedule
 3098  II, Schedule III, or Schedule IV as defined in s. 893.03, for
 3099  the treatment of chronic nonmalignant pain, must:
 3100         (a) Designate himself or herself as a controlled substance
 3101  prescribing practitioner on the physician’s practitioner
 3102  profile.
 3103         (b) Comply with the requirements of this section and
 3104  applicable board rules.
 3105         Section 17. For the purpose of incorporating the amendment
 3106  made by this act to section 893.03, Florida Statutes, in a
 3107  reference thereto, subsection (3) of section 458.326, Florida
 3108  Statutes, is reenacted to read:
 3109         458.326 Intractable pain; authorized treatment.—
 3110         (3) Notwithstanding any other provision of law, a physician
 3111  may prescribe or administer any controlled substance under
 3112  Schedules II-V, as provided for in s. 893.03, to a person for
 3113  the treatment of intractable pain, provided the physician does
 3114  so in accordance with that level of care, skill, and treatment
 3115  recognized by a reasonably prudent physician under similar
 3116  conditions and circumstances.
 3117         Section 18. For the purpose of incorporating the amendment
 3118  made by this act to section 893.03, Florida Statutes, in a
 3119  reference thereto, paragraph (e) of subsection (1) of section
 3120  458.3265, Florida Statutes, is reenacted to read:
 3121         458.3265 Pain-management clinics.—
 3122         (1) REGISTRATION.—
 3123         (e) The department shall deny registration to any pain
 3124  management clinic owned by or with any contractual or employment
 3125  relationship with a physician:
 3126         1. Whose Drug Enforcement Administration number has ever
 3127  been revoked.
 3128         2. Whose application for a license to prescribe, dispense,
 3129  or administer a controlled substance has been denied by any
 3130  jurisdiction.
 3131         3. Who has been convicted of or pleaded guilty or nolo
 3132  contendere to, regardless of adjudication, an offense that
 3133  constitutes a felony for receipt of illicit and diverted drugs,
 3134  including a controlled substance listed in Schedule I, Schedule
 3135  II, Schedule III, Schedule IV, or Schedule V of s. 893.03, in
 3136  this state, any other state, or the United States.
 3137         Section 19. For the purpose of incorporating the amendment
 3138  made by this act to section 893.03, Florida Statutes, in a
 3139  reference thereto, paragraph (e) of subsection (1) of section
 3140  459.0137, Florida Statutes, is reenacted to read:
 3141         459.0137 Pain-management clinics.—
 3142         (1) REGISTRATION.—
 3143         (e) The department shall deny registration to any pain
 3144  management clinic owned by or with any contractual or employment
 3145  relationship with a physician:
 3146         1. Whose Drug Enforcement Administration number has ever
 3147  been revoked.
 3148         2. Whose application for a license to prescribe, dispense,
 3149  or administer a controlled substance has been denied by any
 3150  jurisdiction.
 3151         3. Who has been convicted of or pleaded guilty or nolo
 3152  contendere to, regardless of adjudication, an offense that
 3153  constitutes a felony for receipt of illicit and diverted drugs,
 3154  including a controlled substance listed in Schedule I, Schedule
 3155  II, Schedule III, Schedule IV, or Schedule V of s. 893.03, in
 3156  this state, any other state, or the United States.
 3157         Section 20. For the purpose of incorporating the amendment
 3158  made by this act to section 893.03, Florida Statutes, in a
 3159  reference thereto, paragraph (a) of subsection (4) of section
 3160  463.0055, Florida Statutes, is reenacted to read:
 3161         463.0055 Administration and prescription of ocular
 3162  pharmaceutical agents.—
 3163         (4) A certified optometrist shall be issued a prescriber
 3164  number by the board. Any prescription written by a certified
 3165  optometrist for an ocular pharmaceutical agent pursuant to this
 3166  section shall have the prescriber number printed thereon. A
 3167  certified optometrist may not administer or prescribe:
 3168         (a) A controlled substance listed in Schedule III, Schedule
 3169  IV, or Schedule V of s. 893.03, except for an oral analgesic
 3170  placed on the formulary pursuant to this section for the relief
 3171  of pain due to ocular conditions of the eye and its appendages.
 3172         Section 21. For the purpose of incorporating the amendment
 3173  made by this act to section 893.03, Florida Statutes, in a
 3174  reference thereto, paragraph (b) of subsection (1) of section
 3175  465.0276, Florida Statutes, is reenacted to read:
 3176         465.0276 Dispensing practitioner.—
 3177         (1)
 3178         (b) A practitioner registered under this section may not
 3179  dispense a controlled substance listed in Schedule II or
 3180  Schedule III as provided in s. 893.03. This paragraph does not
 3181  apply to:
 3182         1. The dispensing of complimentary packages of medicinal
 3183  drugs which are labeled as a drug sample or complimentary drug
 3184  as defined in s. 499.028 to the practitioner’s own patients in
 3185  the regular course of her or his practice without the payment of
 3186  a fee or remuneration of any kind, whether direct or indirect,
 3187  as provided in subsection (5).
 3188         2. The dispensing of controlled substances in the health
 3189  care system of the Department of Corrections.
 3190         3. The dispensing of a controlled substance listed in
 3191  Schedule II or Schedule III in connection with the performance
 3192  of a surgical procedure. The amount dispensed pursuant to the
 3193  subparagraph may not exceed a 14-day supply. This exception does
 3194  not allow for the dispensing of a controlled substance listed in
 3195  Schedule II or Schedule III more than 14 days after the
 3196  performance of the surgical procedure. For purposes of this
 3197  subparagraph, the term “surgical procedure” means any procedure
 3198  in any setting which involves, or reasonably should involve:
 3199         a. Perioperative medication and sedation that allows the
 3200  patient to tolerate unpleasant procedures while maintaining
 3201  adequate cardiorespiratory function and the ability to respond
 3202  purposefully to verbal or tactile stimulation and makes intra-
 3203  and postoperative monitoring necessary; or
 3204         b. The use of general anesthesia or major conduction
 3205  anesthesia and preoperative sedation.
 3206         4. The dispensing of a controlled substance listed in
 3207  Schedule II or Schedule III pursuant to an approved clinical
 3208  trial. For purposes of this subparagraph, the term “approved
 3209  clinical trial” means a clinical research study or clinical
 3210  investigation that, in whole or in part, is state or federally
 3211  funded or is conducted under an investigational new drug
 3212  application that is reviewed by the United States Food and Drug
 3213  Administration.
 3214         5. The dispensing of methadone in a facility licensed under
 3215  s. 397.427 where medication-assisted treatment for opiate
 3216  addiction is provided.
 3217         6. The dispensing of a controlled substance listed in
 3218  Schedule II or Schedule III to a patient of a facility licensed
 3219  under part IV of chapter 400.
 3220         Section 22. For the purpose of incorporating the amendment
 3221  made by this act to section 893.03, Florida Statutes, in
 3222  references thereto, subsection (14) and paragraph (a) of
 3223  subsection (15) of section 499.0121, Florida Statutes, are
 3224  reenacted to read:
 3225         499.0121 Storage and handling of prescription drugs;
 3226  recordkeeping.—The department shall adopt rules to implement
 3227  this section as necessary to protect the public health, safety,
 3228  and welfare. Such rules shall include, but not be limited to,
 3229  requirements for the storage and handling of prescription drugs
 3230  and for the establishment and maintenance of prescription drug
 3231  distribution records.
 3232         (14) DISTRIBUTION REPORTING.—Each prescription drug
 3233  wholesale distributor, out-of-state prescription drug wholesale
 3234  distributor, retail pharmacy drug wholesale distributor,
 3235  manufacturer, or repackager that engages in the wholesale
 3236  distribution of controlled substances as defined in s. 893.02
 3237  shall submit a report to the department of its receipts and
 3238  distributions of controlled substances listed in Schedule II,
 3239  Schedule III, Schedule IV, or Schedule V as provided in s.
 3240  893.03. Wholesale distributor facilities located within this
 3241  state shall report all transactions involving controlled
 3242  substances, and wholesale distributor facilities located outside
 3243  this state shall report all distributions to entities located in
 3244  this state. If the prescription drug wholesale distributor, out
 3245  of-state prescription drug wholesale distributor, retail
 3246  pharmacy drug wholesale distributor, manufacturer, or repackager
 3247  does not have any controlled substance distributions for the
 3248  month, a report shall be sent indicating that no distributions
 3249  occurred in the period. The report shall be submitted monthly by
 3250  the 20th of the next month, in the electronic format used for
 3251  controlled substance reporting to the Automation of Reports and
 3252  Consolidated Orders System division of the federal Drug
 3253  Enforcement Administration. Submission of electronic data must
 3254  be made in a secured Internet environment that allows for manual
 3255  or automated transmission. Upon successful transmission, an
 3256  acknowledgment page must be displayed to confirm receipt. The
 3257  report must contain the following information:
 3258         (a) The federal Drug Enforcement Administration
 3259  registration number of the wholesale distributing location.
 3260         (b) The federal Drug Enforcement Administration
 3261  registration number of the entity to which the drugs are
 3262  distributed or from which the drugs are received.
 3263         (c) The transaction code that indicates the type of
 3264  transaction.
 3265         (d) The National Drug Code identifier of the product and
 3266  the quantity distributed or received.
 3267         (e) The Drug Enforcement Administration Form 222 number or
 3268  Controlled Substance Ordering System Identifier on all Schedule
 3269  II transactions.
 3270         (f) The date of the transaction.
 3271  
 3272  The department must share the reported data with the Department
 3273  of Law Enforcement and local law enforcement agencies upon
 3274  request and must monitor purchasing to identify purchasing
 3275  levels that are inconsistent with the purchasing entity’s
 3276  clinical needs. The Department of Law Enforcement shall
 3277  investigate purchases at levels that are inconsistent with the
 3278  purchasing entity’s clinical needs to determine whether
 3279  violations of chapter 893 have occurred.
 3280         (15) DUE DILIGENCE OF PURCHASERS.—
 3281         (a) Each prescription drug wholesale distributor, out-of
 3282  state prescription drug wholesale distributor, and retail
 3283  pharmacy drug wholesale distributor must establish and maintain
 3284  policies and procedures to credential physicians licensed under
 3285  chapter 458, chapter 459, chapter 461, or chapter 466 and
 3286  pharmacies that purchase or otherwise receive from the wholesale
 3287  distributor controlled substances listed in Schedule II or
 3288  Schedule III as provided in s. 893.03. The prescription drug
 3289  wholesale distributor, out-of-state prescription drug wholesale
 3290  distributor, or retail pharmacy drug wholesale distributor shall
 3291  maintain records of such credentialing and make the records
 3292  available to the department upon request. Such credentialing
 3293  must, at a minimum, include:
 3294         1. A determination of the clinical nature of the receiving
 3295  entity, including any specialty practice area.
 3296         2. A review of the receiving entity’s history of Schedule
 3297  II and Schedule III controlled substance purchasing from the
 3298  wholesale distributor.
 3299         3. A determination that the receiving entity’s Schedule II
 3300  and Schedule III controlled substance purchasing history, if
 3301  any, is consistent with and reasonable for that entity’s
 3302  clinical business needs.
 3303         Section 23. For the purpose of incorporating the amendment
 3304  made by this act to section 893.03, Florida Statutes, in a
 3305  reference thereto, paragraph (a) of subsection (3) of section
 3306  499.029, Florida Statutes, is reenacted to read:
 3307         499.029 Cancer Drug Donation Program.—
 3308         (3) As used in this section:
 3309         (a) “Cancer drug” means a prescription drug that has been
 3310  approved under s. 505 of the federal Food, Drug, and Cosmetic
 3311  Act and is used to treat cancer or its side effects or is used
 3312  to treat the side effects of a prescription drug used to treat
 3313  cancer or its side effects. “Cancer drug” does not include a
 3314  substance listed in Schedule II, Schedule III, Schedule IV, or
 3315  Schedule V of s. 893.03.
 3316         Section 24. For the purpose of incorporating the amendment
 3317  made by this act to section 893.03, Florida Statutes, in
 3318  references thereto, subsections (1) and (4) of section 782.04,
 3319  Florida Statutes, are reenacted to read:
 3320         782.04 Murder.—
 3321         (1)(a) The unlawful killing of a human being:
 3322         1. When perpetrated from a premeditated design to effect
 3323  the death of the person killed or any human being;
 3324         2. When committed by a person engaged in the perpetration
 3325  of, or in the attempt to perpetrate, any:
 3326         a. Trafficking offense prohibited by s. 893.135(1),
 3327         b. Arson,
 3328         c. Sexual battery,
 3329         d. Robbery,
 3330         e. Burglary,
 3331         f. Kidnapping,
 3332         g. Escape,
 3333         h. Aggravated child abuse,
 3334         i. Aggravated abuse of an elderly person or disabled adult,
 3335         j. Aircraft piracy,
 3336         k. Unlawful throwing, placing, or discharging of a
 3337  destructive device or bomb,
 3338         l. Carjacking,
 3339         m. Home-invasion robbery,
 3340         n. Aggravated stalking,
 3341         o. Murder of another human being,
 3342         p. Resisting an officer with violence to his or her person,
 3343         q. Aggravated fleeing or eluding with serious bodily injury
 3344  or death,
 3345         r. Felony that is an act of terrorism or is in furtherance
 3346  of an act of terrorism; or
 3347         3. Which resulted from the unlawful distribution of any
 3348  substance controlled under s. 893.03(1), cocaine as described in
 3349  s. 893.03(2)(a)4., opium or any synthetic or natural salt,
 3350  compound, derivative, or preparation of opium, or methadone by a
 3351  person 18 years of age or older, when such drug is proven to be
 3352  the proximate cause of the death of the user,
 3353  
 3354  is murder in the first degree and constitutes a capital felony,
 3355  punishable as provided in s. 775.082.
 3356         (b) In all cases under this section, the procedure set
 3357  forth in s. 921.141 shall be followed in order to determine
 3358  sentence of death or life imprisonment.
 3359         (4) The unlawful killing of a human being, when perpetrated
 3360  without any design to effect death, by a person engaged in the
 3361  perpetration of, or in the attempt to perpetrate, any felony
 3362  other than any:
 3363         (a) Trafficking offense prohibited by s. 893.135(1),
 3364         (b) Arson,
 3365         (c) Sexual battery,
 3366         (d) Robbery,
 3367         (e) Burglary,
 3368         (f) Kidnapping,
 3369         (g) Escape,
 3370         (h) Aggravated child abuse,
 3371         (i) Aggravated abuse of an elderly person or disabled
 3372  adult,
 3373         (j) Aircraft piracy,
 3374         (k) Unlawful throwing, placing, or discharging of a
 3375  destructive device or bomb,
 3376         (l) Unlawful distribution of any substance controlled under
 3377  s. 893.03(1), cocaine as described in s. 893.03(2)(a)4., or
 3378  opium or any synthetic or natural salt, compound, derivative, or
 3379  preparation of opium by a person 18 years of age or older, when
 3380  such drug is proven to be the proximate cause of the death of
 3381  the user,
 3382         (m) Carjacking,
 3383         (n) Home-invasion robbery,
 3384         (o) Aggravated stalking,
 3385         (p) Murder of another human being,
 3386         (q) Aggravated fleeing or eluding with serious bodily
 3387  injury or death,
 3388         (r) Resisting an officer with violence to his or her
 3389  person, or
 3390         (s) Felony that is an act of terrorism or is in furtherance
 3391  of an act of terrorism,
 3392  
 3393  is murder in the third degree and constitutes a felony of the
 3394  second degree, punishable as provided in s. 775.082, s. 775.083,
 3395  or s. 775.084.
 3396         Section 25. For the purpose of incorporating the amendment
 3397  made by this act to section 893.03, Florida Statutes, in a
 3398  reference thereto, paragraph (a) of subsection (2) of section
 3399  787.06, Florida Statutes, is reenacted to read:
 3400         787.06 Human trafficking.—
 3401         (2) As used in this section, the term:
 3402         (a) “Coercion” means:
 3403         1. Using or threatening to use physical force against any
 3404  person;
 3405         2. Restraining, isolating, or confining or threatening to
 3406  restrain, isolate, or confine any person without lawful
 3407  authority and against her or his will;
 3408         3. Using lending or other credit methods to establish a
 3409  debt by any person when labor or services are pledged as a
 3410  security for the debt, if the value of the labor or services as
 3411  reasonably assessed is not applied toward the liquidation of the
 3412  debt, the length and nature of the labor or services are not
 3413  respectively limited and defined;
 3414         4. Destroying, concealing, removing, confiscating,
 3415  withholding, or possessing any actual or purported passport,
 3416  visa, or other immigration document, or any other actual or
 3417  purported government identification document, of any person;
 3418         5. Causing or threatening to cause financial harm to any
 3419  person;
 3420         6. Enticing or luring any person by fraud or deceit; or
 3421         7. Providing a controlled substance as outlined in Schedule
 3422  I or Schedule II of s. 893.03 to any person for the purpose of
 3423  exploitation of that person.
 3424         Section 26. For the purpose of incorporating the amendment
 3425  made by this act to section 893.03, Florida Statutes, in a
 3426  reference thereto, subsection (1) of section 817.563, Florida
 3427  Statutes, is reenacted to read:
 3428         817.563 Controlled substance named or described in s.
 3429  893.03; sale of substance in lieu thereof.—It is unlawful for
 3430  any person to agree, consent, or in any manner offer to
 3431  unlawfully sell to any person a controlled substance named or
 3432  described in s. 893.03 and then sell to such person any other
 3433  substance in lieu of such controlled substance. Any person who
 3434  violates this section with respect to:
 3435         (1) A controlled substance named or described in s.
 3436  893.03(1), (2), (3), or (4) is guilty of a felony of the third
 3437  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 3438  775.084.
 3439         Section 27. For the purpose of incorporating the amendment
 3440  made by this act to section 893.03, Florida Statutes, in a
 3441  reference thereto, section 831.31, Florida Statutes, is
 3442  reenacted to read:
 3443         831.31 Counterfeit controlled substance; sale, manufacture,
 3444  delivery, or possession with intent to sell, manufacture, or
 3445  deliver.—
 3446         (1) It is unlawful for any person to sell, manufacture, or
 3447  deliver, or to possess with intent to sell, manufacture, or
 3448  deliver, a counterfeit controlled substance. Any person who
 3449  violates this subsection with respect to:
 3450         (a) A controlled substance named or described in s.
 3451  893.03(1), (2), (3), or (4) is guilty of a felony of the third
 3452  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 3453  775.084.
 3454         (b) A controlled substance named or described in s.
 3455  893.03(5) is guilty of a misdemeanor of the second degree,
 3456  punishable as provided in s. 775.082 or s. 775.083.
 3457         (2) For purposes of this section, “counterfeit controlled
 3458  substance” means:
 3459         (a) A controlled substance named or described in s. 893.03
 3460  which, or the container or labeling of which, without
 3461  authorization bears the trademark, trade name, or other
 3462  identifying mark, imprint, or number, or any likeness thereof,
 3463  of a manufacturer other than the person who in fact manufactured
 3464  the controlled substance; or
 3465         (b) Any substance which is falsely identified as a
 3466  controlled substance named or described in s. 893.03.
 3467         Section 28. For the purpose of incorporating the amendment
 3468  made by this act to section 893.03, Florida Statutes, in a
 3469  reference thereto, section 893.0301, Florida Statutes, is
 3470  reenacted to read:
 3471         893.0301 Death resulting from apparent drug overdose;
 3472  reporting requirements.—If a person dies of an apparent drug
 3473  overdose:
 3474         (1) A law enforcement agency shall prepare a report
 3475  identifying each prescribed controlled substance listed in
 3476  Schedule II, Schedule III, or Schedule IV of s. 893.03 which is
 3477  found on or near the deceased or among the deceased’s
 3478  possessions. The report must identify the person who prescribed
 3479  the controlled substance, if known or ascertainable. Thereafter,
 3480  the law enforcement agency shall submit a copy of the report to
 3481  the medical examiner.
 3482         (2) A medical examiner who is preparing a report pursuant
 3483  to s. 406.11 shall include in the report information identifying
 3484  each prescribed controlled substance listed in Schedule II,
 3485  Schedule III, or Schedule IV of s. 893.03 that was found in, on,
 3486  or near the deceased or among the deceased’s possessions.
 3487         Section 29. For the purpose of incorporating the amendment
 3488  made by this act to section 893.03, Florida Statutes, in a
 3489  reference thereto, paragraph (a) of subsection (7) of section
 3490  893.035, Florida Statutes, is reenacted to read:
 3491         893.035 Control of new substances; findings of fact;
 3492  delegation of authority to Attorney General to control
 3493  substances by rule.—
 3494         (7)(a) If the Attorney General finds that the scheduling of
 3495  a substance in Schedule I of s. 893.03 on a temporary basis is
 3496  necessary to avoid an imminent hazard to the public safety, he
 3497  or she may by rule and without regard to the requirements of
 3498  subsection (5) relating to the Department of Health and the
 3499  Department of Law Enforcement schedule such substance in
 3500  Schedule I if the substance is not listed in any other schedule
 3501  of s. 893.03. The Attorney General shall be required to
 3502  consider, with respect to his or her finding of imminent hazard
 3503  to the public safety, only those factors set forth in paragraphs
 3504  (3)(a) and (4)(d), (e), and (f), including actual abuse,
 3505  diversion from legitimate channels, and clandestine importation,
 3506  manufacture, or distribution.
 3507         Section 30. For the purpose of incorporating the amendment
 3508  made by this act to section 893.03, Florida Statutes, in a
 3509  reference thereto, subsection (1) of section 893.05, Florida
 3510  Statutes, is reenacted to read:
 3511         893.05 Practitioners and persons administering controlled
 3512  substances in their absence.—
 3513         (1) A practitioner, in good faith and in the course of his
 3514  or her professional practice only, may prescribe, administer,
 3515  dispense, mix, or otherwise prepare a controlled substance, or
 3516  the practitioner may cause the same to be administered by a
 3517  licensed nurse or an intern practitioner under his or her
 3518  direction and supervision only. A veterinarian may so prescribe,
 3519  administer, dispense, mix, or prepare a controlled substance for
 3520  use on animals only, and may cause it to be administered by an
 3521  assistant or orderly under the veterinarian’s direction and
 3522  supervision only. A certified optometrist licensed under chapter
 3523  463 may not administer or prescribe a controlled substance
 3524  listed in Schedule I or Schedule II of s. 893.03.
 3525         Section 31. For the purpose of incorporating the amendment
 3526  made by this act to section 893.03, Florida Statutes, in a
 3527  reference thereto, paragraph (b) of subsection (1) of section
 3528  893.055, Florida Statutes, is reenacted to read:
 3529         893.055 Prescription drug monitoring program.—
 3530         (1) As used in this section, the term:
 3531         (b) “Controlled substance” means a controlled substance
 3532  listed in Schedule II, Schedule III, or Schedule IV in s.
 3533  893.03.
 3534         Section 32. For the purpose of incorporating the amendment
 3535  made by this act to section 893.03, Florida Statutes, in a
 3536  reference thereto, paragraph (b) of subsection (5) of section
 3537  893.07, Florida Statutes, is reenacted to read:
 3538         893.07 Records.—
 3539         (5) Each person described in subsection (1) shall:
 3540         (b) In the event of the discovery of the theft or
 3541  significant loss of controlled substances, report such theft or
 3542  significant loss to the sheriff of that county within 24 hours
 3543  after discovery. A person who fails to report a theft or
 3544  significant loss of a substance listed in s. 893.03(3), (4), or
 3545  (5) within 24 hours after discovery as required in this
 3546  paragraph commits a misdemeanor of the second degree, punishable
 3547  as provided in s. 775.082 or s. 775.083. A person who fails to
 3548  report a theft or significant loss of a substance listed in s.
 3549  893.03(2) within 24 hours after discovery as required in this
 3550  paragraph commits a misdemeanor of the first degree, punishable
 3551  as provided in s. 775.082 or s. 775.083.
 3552         Section 33. For the purpose of incorporating the amendment
 3553  made by this act to section 893.03, Florida Statutes, in
 3554  references thereto, paragraphs (b), (c), and (d) of subsection
 3555  (2) of section 893.12, Florida Statutes, are reenacted to read:
 3556         893.12 Contraband; seizure, forfeiture, sale.—
 3557         (2)
 3558         (b) All real property, including any right, title,
 3559  leasehold interest, and other interest in the whole of any lot
 3560  or tract of land and any appurtenances or improvements, which
 3561  real property is used, or intended to be used, in any manner or
 3562  part, to commit or to facilitate the commission of, or which
 3563  real property is acquired with proceeds obtained as a result of,
 3564  a violation of any provision of this chapter related to a
 3565  controlled substance described in s. 893.03(1) or (2) may be
 3566  seized and forfeited as provided by the Florida Contraband
 3567  Forfeiture Act except that no property shall be forfeited under
 3568  this paragraph to the extent of an interest of an owner or
 3569  lienholder by reason of any act or omission established by that
 3570  owner or lienholder to have been committed or omitted without
 3571  the knowledge or consent of that owner or lienholder.
 3572         (c) All moneys, negotiable instruments, securities, and
 3573  other things of value furnished or intended to be furnished by
 3574  any person in exchange for a controlled substance described in
 3575  s. 893.03(1) or (2) or a listed chemical in violation of any
 3576  provision of this chapter, all proceeds traceable to such an
 3577  exchange, and all moneys, negotiable instruments, and securities
 3578  used or intended to be used to facilitate any violation of any
 3579  provision of this chapter or which are acquired with proceeds
 3580  obtained in violation of any provision of this chapter may be
 3581  seized and forfeited as provided by the Florida Contraband
 3582  Forfeiture Act, except that no property shall be forfeited under
 3583  this paragraph to the extent of an interest of an owner or
 3584  lienholder by reason of any act or omission established by that
 3585  owner or lienholder to have been committed or omitted without
 3586  the knowledge or consent of that owner or lienholder.
 3587         (d) All books, records, and research, including formulas,
 3588  microfilm, tapes, and data which are used, or intended for use,
 3589  or which are acquired with proceeds obtained, in violation of
 3590  any provision of this chapter related to a controlled substance
 3591  described in s. 893.03(1) or (2) or a listed chemical may be
 3592  seized and forfeited as provided by the Florida Contraband
 3593  Forfeiture Act.
 3594         Section 34. For the purpose of incorporating the amendment
 3595  made by this act to section 893.03, Florida Statutes, in a
 3596  reference thereto, subsection (2) of section 944.474, Florida
 3597  Statutes, is reenacted to read:
 3598         944.474 Legislative intent; employee wellness program; drug
 3599  and alcohol testing.—
 3600         (2) An employee of the department may not test positive for
 3601  illegal use of controlled substances. An employee of the
 3602  department may not be under the influence of alcohol while on
 3603  duty. In order to ensure that these prohibitions are adhered to
 3604  by all employees of the department and notwithstanding s.
 3605  112.0455, the department may develop a program for the drug
 3606  testing of all job applicants and for the random drug testing of
 3607  all employees. The department may randomly evaluate employees
 3608  for the contemporaneous use or influence of alcohol through the
 3609  use of alcohol tests and observation methods. Notwithstanding s.
 3610  112.0455, the department may develop a program for the
 3611  reasonable suspicion drug testing of employees who are in
 3612  mandatory-testing positions, as defined in s. 440.102(1)(o), or
 3613  special risk positions, as defined in s. 112.0455(5), for the
 3614  controlled substances listed in s. 893.03(3)(d). The reasonable
 3615  suspicion drug testing authorized by this subsection shall be
 3616  conducted in accordance with s. 112.0455, but may also include
 3617  testing upon reasonable suspicion based on violent acts or
 3618  violent behavior of an employee who is on or off duty. The
 3619  department shall adopt rules pursuant to ss. 120.536(1) and
 3620  120.54 that are necessary to administer this subsection.
 3621         Section 35. For the purpose of incorporating the amendment
 3622  made by this act to section 893.033, Florida Statutes, in a
 3623  reference thereto, subsection (4) of section 893.149, Florida
 3624  Statutes, is reenacted to read:
 3625         893.149 Unlawful possession of listed chemical.—
 3626         (4) Any damages arising out of the unlawful possession of,
 3627  storage of, or tampering with a listed chemical, as defined in
 3628  s. 893.033, shall be the sole responsibility of the person or
 3629  persons unlawfully possessing, storing, or tampering with the
 3630  listed chemical. In no case shall liability for damages arising
 3631  out of the unlawful possession of, storage of, or tampering with
 3632  a listed chemical extend to the lawful owner, installer,
 3633  maintainer, designer, manufacturer, possessor, or seller of the
 3634  listed chemical, unless such damages arise out of the acts or
 3635  omissions of the owner, installer, maintainer, designer,
 3636  manufacturer, possessor, or seller which constitute negligent
 3637  misconduct or failure to abide by the laws regarding the
 3638  possession or storage of a listed chemical.
 3639         Section 36. For the purpose of incorporating the amendment
 3640  made by this act to section 893.13, Florida Statutes, in a
 3641  reference thereto, paragraph (b) of subsection (4) of section
 3642  397.451, Florida Statutes, is reenacted to read:
 3643         397.451 Background checks of service provider personnel.—
 3644         (4) EXEMPTIONS FROM DISQUALIFICATION.—
 3645         (b) Since rehabilitated substance abuse impaired persons
 3646  are effective in the successful treatment and rehabilitation of
 3647  substance abuse impaired adolescents, for service providers
 3648  which treat adolescents 13 years of age and older, service
 3649  provider personnel whose background checks indicate crimes under
 3650  s. 817.563, s. 893.13, or s. 893.147 may be exempted from
 3651  disqualification from employment pursuant to this paragraph.
 3652         Section 37. For the purpose of incorporating the amendment
 3653  made by this act to section 893.13, Florida Statutes, in a
 3654  reference thereto, subsection (2) of section 435.07, Florida
 3655  Statutes, is reenacted to read:
 3656         435.07 Exemptions from disqualification.—Unless otherwise
 3657  provided by law, the provisions of this section apply to
 3658  exemptions from disqualification for disqualifying offenses
 3659  revealed pursuant to background screenings required under this
 3660  chapter, regardless of whether those disqualifying offenses are
 3661  listed in this chapter or other laws.
 3662         (2) Persons employed, or applicants for employment, by
 3663  treatment providers who treat adolescents 13 years of age and
 3664  older who are disqualified from employment solely because of
 3665  crimes under s. 817.563, s. 893.13, or s. 893.147 may be
 3666  exempted from disqualification from employment pursuant to this
 3667  chapter without application of the waiting period in
 3668  subparagraph (1)(a)1.
 3669         Section 38. For the purpose of incorporating the amendment
 3670  made by this act to section 893.13, Florida Statutes, in a
 3671  reference thereto, subsection (2) of section 772.12, Florida
 3672  Statutes, is reenacted to read:
 3673         772.12 Drug Dealer Liability Act.—
 3674         (2) A person, including any governmental entity, has a
 3675  cause of action for threefold the actual damages sustained and
 3676  is entitled to minimum damages in the amount of $1,000 and
 3677  reasonable attorney’s fees and court costs in the trial and
 3678  appellate courts, if the person proves by the greater weight of
 3679  the evidence that:
 3680         (a) The person was injured because of the defendant’s
 3681  actions that resulted in the defendant’s conviction for:
 3682         1. A violation of s. 893.13, except for a violation of s.
 3683  893.13(2)(a) or (b), (3), (5), (6)(a), (b), or (c), (7); or
 3684         2. A violation of s. 893.135; and
 3685         (b) The person was not injured by reason of his or her
 3686  participation in the same act or transaction that resulted in
 3687  the defendant’s conviction for any offense described in
 3688  subparagraph (a)1.
 3689         Section 39. For the purpose of incorporating the amendment
 3690  made by this act to section 893.13, Florida Statutes, in a
 3691  reference thereto, paragraph (a) of subsection (1) of section
 3692  775.084, Florida Statutes, is reenacted to read:
 3693         775.084 Violent career criminals; habitual felony offenders
 3694  and habitual violent felony offenders; three-time violent felony
 3695  offenders; definitions; procedure; enhanced penalties or
 3696  mandatory minimum prison terms.—
 3697         (1) As used in this act:
 3698         (a) “Habitual felony offender” means a defendant for whom
 3699  the court may impose an extended term of imprisonment, as
 3700  provided in paragraph (4)(a), if it finds that:
 3701         1. The defendant has previously been convicted of any
 3702  combination of two or more felonies in this state or other
 3703  qualified offenses.
 3704         2. The felony for which the defendant is to be sentenced
 3705  was committed:
 3706         a. While the defendant was serving a prison sentence or
 3707  other sentence, or court-ordered or lawfully imposed supervision
 3708  that is imposed as a result of a prior conviction for a felony
 3709  or other qualified offense; or
 3710         b. Within 5 years of the date of the conviction of the
 3711  defendant’s last prior felony or other qualified offense, or
 3712  within 5 years of the defendant’s release from a prison
 3713  sentence, probation, community control, control release,
 3714  conditional release, parole or court-ordered or lawfully imposed
 3715  supervision or other sentence that is imposed as a result of a
 3716  prior conviction for a felony or other qualified offense,
 3717  whichever is later.
 3718         3. The felony for which the defendant is to be sentenced,
 3719  and one of the two prior felony convictions, is not a violation
 3720  of s. 893.13 relating to the purchase or the possession of a
 3721  controlled substance.
 3722         4. The defendant has not received a pardon for any felony
 3723  or other qualified offense that is necessary for the operation
 3724  of this paragraph.
 3725         5. A conviction of a felony or other qualified offense
 3726  necessary to the operation of this paragraph has not been set
 3727  aside in any postconviction proceeding.
 3728         Section 40. For the purpose of incorporating the amendment
 3729  made by this act to section 893.13, Florida Statutes, in a
 3730  reference thereto, subsection (3) of section 810.02, Florida
 3731  Statutes, is reenacted to read:
 3732         810.02 Burglary.—
 3733         (3) Burglary is a felony of the second degree, punishable
 3734  as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the
 3735  course of committing the offense, the offender does not make an
 3736  assault or battery and is not and does not become armed with a
 3737  dangerous weapon or explosive, and the offender enters or
 3738  remains in a:
 3739         (a) Dwelling, and there is another person in the dwelling
 3740  at the time the offender enters or remains;
 3741         (b) Dwelling, and there is not another person in the
 3742  dwelling at the time the offender enters or remains;
 3743         (c) Structure, and there is another person in the structure
 3744  at the time the offender enters or remains;
 3745         (d) Conveyance, and there is another person in the
 3746  conveyance at the time the offender enters or remains;
 3747         (e) Authorized emergency vehicle, as defined in s. 316.003;
 3748  or
 3749         (f) Structure or conveyance when the offense intended to be
 3750  committed therein is theft of a controlled substance as defined
 3751  in s. 893.02. Notwithstanding any other law, separate judgments
 3752  and sentences for burglary with the intent to commit theft of a
 3753  controlled substance under this paragraph and for any applicable
 3754  possession of controlled substance offense under s. 893.13 or
 3755  trafficking in controlled substance offense under s. 893.135 may
 3756  be imposed when all such offenses involve the same amount or
 3757  amounts of a controlled substance.
 3758  
 3759  However, if the burglary is committed within a county that is
 3760  subject to a state of emergency declared by the Governor under
 3761  chapter 252 after the declaration of emergency is made and the
 3762  perpetration of the burglary is facilitated by conditions
 3763  arising from the emergency, the burglary is a felony of the
 3764  first degree, punishable as provided in s. 775.082, s. 775.083,
 3765  or s. 775.084. As used in this subsection, the term “conditions
 3766  arising from the emergency” means civil unrest, power outages,
 3767  curfews, voluntary or mandatory evacuations, or a reduction in
 3768  the presence of or response time for first responders or
 3769  homeland security personnel. A person arrested for committing a
 3770  burglary within a county that is subject to such a state of
 3771  emergency may not be released until the person appears before a
 3772  committing magistrate at a first appearance hearing. For
 3773  purposes of sentencing under chapter 921, a felony offense that
 3774  is reclassified under this subsection is ranked one level above
 3775  the ranking under s. 921.0022 or s. 921.0023 of the offense
 3776  committed.
 3777         Section 41. For the purpose of incorporating the amendment
 3778  made by this act to section 893.13, Florida Statutes, in a
 3779  reference thereto, subsection (2) of section 812.014, Florida
 3780  Statutes, is reenacted to read:
 3781         812.014 Theft.—
 3782         (2)(a)1. If the property stolen is valued at $100,000 or
 3783  more or is a semitrailer that was deployed by a law enforcement
 3784  officer; or
 3785         2. If the property stolen is cargo valued at $50,000 or
 3786  more that has entered the stream of interstate or intrastate
 3787  commerce from the shipper’s loading platform to the consignee’s
 3788  receiving dock; or
 3789         3. If the offender commits any grand theft and:
 3790         a. In the course of committing the offense the offender
 3791  uses a motor vehicle as an instrumentality, other than merely as
 3792  a getaway vehicle, to assist in committing the offense and
 3793  thereby damages the real property of another; or
 3794         b. In the course of committing the offense the offender
 3795  causes damage to the real or personal property of another in
 3796  excess of $1,000,
 3797  
 3798  the offender commits grand theft in the first degree, punishable
 3799  as a felony of the first degree, as provided in s. 775.082, s.
 3800  775.083, or s. 775.084.
 3801         (b)1. If the property stolen is valued at $20,000 or more,
 3802  but less than $100,000;
 3803         2. The property stolen is cargo valued at less than $50,000
 3804  that has entered the stream of interstate or intrastate commerce
 3805  from the shipper’s loading platform to the consignee’s receiving
 3806  dock;
 3807         3. The property stolen is emergency medical equipment,
 3808  valued at $300 or more, that is taken from a facility licensed
 3809  under chapter 395 or from an aircraft or vehicle permitted under
 3810  chapter 401; or
 3811         4. The property stolen is law enforcement equipment, valued
 3812  at $300 or more, that is taken from an authorized emergency
 3813  vehicle, as defined in s. 316.003,
 3814  
 3815  the offender commits grand theft in the second degree,
 3816  punishable as a felony of the second degree, as provided in s.
 3817  775.082, s. 775.083, or s. 775.084. Emergency medical equipment
 3818  means mechanical or electronic apparatus used to provide
 3819  emergency services and care as defined in s. 395.002(9) or to
 3820  treat medical emergencies. Law enforcement equipment means any
 3821  property, device, or apparatus used by any law enforcement
 3822  officer as defined in s. 943.10 in the officer’s official
 3823  business. However, if the property is stolen within a county
 3824  that is subject to a state of emergency declared by the Governor
 3825  under chapter 252, the theft is committed after the declaration
 3826  of emergency is made, and the perpetration of the theft is
 3827  facilitated by conditions arising from the emergency, the theft
 3828  is a felony of the first degree, punishable as provided in s.
 3829  775.082, s. 775.083, or s. 775.084. As used in this paragraph,
 3830  the term “conditions arising from the emergency” means civil
 3831  unrest, power outages, curfews, voluntary or mandatory
 3832  evacuations, or a reduction in the presence of or response time
 3833  for first responders or homeland security personnel. For
 3834  purposes of sentencing under chapter 921, a felony offense that
 3835  is reclassified under this paragraph is ranked one level above
 3836  the ranking under s. 921.0022 or s. 921.0023 of the offense
 3837  committed.
 3838         (c) It is grand theft of the third degree and a felony of
 3839  the third degree, punishable as provided in s. 775.082, s.
 3840  775.083, or s. 775.084, if the property stolen is:
 3841         1. Valued at $300 or more, but less than $5,000.
 3842         2. Valued at $5,000 or more, but less than $10,000.
 3843         3. Valued at $10,000 or more, but less than $20,000.
 3844         4. A will, codicil, or other testamentary instrument.
 3845         5. A firearm.
 3846         6. A motor vehicle, except as provided in paragraph (a).
 3847         7. Any commercially farmed animal, including any animal of
 3848  the equine, bovine, or swine class or other grazing animal; a
 3849  bee colony of a registered beekeeper; and aquaculture species
 3850  raised at a certified aquaculture facility. If the property
 3851  stolen is aquaculture species raised at a certified aquaculture
 3852  facility, then a $10,000 fine shall be imposed.
 3853         8. Any fire extinguisher.
 3854         9. Any amount of citrus fruit consisting of 2,000 or more
 3855  individual pieces of fruit.
 3856         10. Taken from a designated construction site identified by
 3857  the posting of a sign as provided for in s. 810.09(2)(d).
 3858         11. Any stop sign.
 3859         12. Anhydrous ammonia.
 3860         13. Any amount of a controlled substance as defined in s.
 3861  893.02. Notwithstanding any other law, separate judgments and
 3862  sentences for theft of a controlled substance under this
 3863  subparagraph and for any applicable possession of controlled
 3864  substance offense under s. 893.13 or trafficking in controlled
 3865  substance offense under s. 893.135 may be imposed when all such
 3866  offenses involve the same amount or amounts of a controlled
 3867  substance.
 3868  
 3869  However, if the property is stolen within a county that is
 3870  subject to a state of emergency declared by the Governor under
 3871  chapter 252, the property is stolen after the declaration of
 3872  emergency is made, and the perpetration of the theft is
 3873  facilitated by conditions arising from the emergency, the
 3874  offender commits a felony of the second degree, punishable as
 3875  provided in s. 775.082, s. 775.083, or s. 775.084, if the
 3876  property is valued at $5,000 or more, but less than $10,000, as
 3877  provided under subparagraph 2., or if the property is valued at
 3878  $10,000 or more, but less than $20,000, as provided under
 3879  subparagraph 3. As used in this paragraph, the term “conditions
 3880  arising from the emergency” means civil unrest, power outages,
 3881  curfews, voluntary or mandatory evacuations, or a reduction in
 3882  the presence of or the response time for first responders or
 3883  homeland security personnel. For purposes of sentencing under
 3884  chapter 921, a felony offense that is reclassified under this
 3885  paragraph is ranked one level above the ranking under s.
 3886  921.0022 or s. 921.0023 of the offense committed.
 3887         (d) It is grand theft of the third degree and a felony of
 3888  the third degree, punishable as provided in s. 775.082, s.
 3889  775.083, or s. 775.084, if the property stolen is valued at $100
 3890  or more, but less than $300, and is taken from a dwelling as
 3891  defined in s. 810.011(2) or from the unenclosed curtilage of a
 3892  dwelling pursuant to s. 810.09(1).
 3893         (e) Except as provided in paragraph (d), if the property
 3894  stolen is valued at $100 or more, but less than $300, the
 3895  offender commits petit theft of the first degree, punishable as
 3896  a misdemeanor of the first degree, as provided in s. 775.082 or
 3897  s. 775.083.
 3898         Section 42. For the purpose of incorporating the amendment
 3899  made by this act to section 893.13, Florida Statutes, in a
 3900  reference thereto, subsection (1) of section 831.311, Florida
 3901  Statutes, is reenacted to read:
 3902         831.311 Unlawful sale, manufacture, alteration, delivery,
 3903  uttering, or possession of counterfeit-resistant prescription
 3904  blanks for controlled substances.—
 3905         (1) It is unlawful for any person having the intent to
 3906  injure or defraud any person or to facilitate any violation of
 3907  s. 893.13 to sell, manufacture, alter, deliver, utter, or
 3908  possess with intent to injure or defraud any person, or to
 3909  facilitate any violation of s. 893.13, any counterfeit-resistant
 3910  prescription blanks for controlled substances, the form and
 3911  content of which are adopted by rule of the Department of Health
 3912  pursuant to s. 893.065.
 3913         Section 43. For the purpose of incorporating the amendment
 3914  made by this act to section 893.13, Florida Statutes, in a
 3915  reference thereto, subsection (1) of section 893.1351, Florida
 3916  Statutes, is reenacted to read:
 3917         893.1351 Ownership, lease, rental, or possession for
 3918  trafficking in or manufacturing a controlled substance.—
 3919         (1) A person may not own, lease, or rent any place,
 3920  structure, or part thereof, trailer, or other conveyance with
 3921  the knowledge that the place, structure, trailer, or conveyance
 3922  will be used for the purpose of trafficking in a controlled
 3923  substance, as provided in s. 893.135; for the sale of a
 3924  controlled substance, as provided in s. 893.13; or for the
 3925  manufacture of a controlled substance intended for sale or
 3926  distribution to another. A person who violates this subsection
 3927  commits a felony of the third degree, punishable as provided in
 3928  s. 775.082, s. 775.083, or s. 775.084.
 3929         Section 44. For the purpose of incorporating the amendment
 3930  made by this act to section 893.138, Florida Statutes, in a
 3931  reference thereto, subsection (3) of section 893.138, Florida
 3932  Statutes, is reenacted to read:
 3933         893.138 Local administrative action to abate drug-related,
 3934  prostitution-related, or stolen-property-related public
 3935  nuisances and criminal gang activity.—
 3936         (3) Any pain-management clinic, as described in s. 458.3265
 3937  or s. 459.0137, which has been used on more than two occasions
 3938  within a 6-month period as the site of a violation of:
 3939         (a) Section 784.011, s. 784.021, s. 784.03, or s. 784.045,
 3940  relating to assault and battery;
 3941         (b) Section 810.02, relating to burglary;
 3942         (c) Section 812.014, relating to dealing in theft;
 3943         (d) Section 812.131, relating to robbery by sudden
 3944  snatching; or
 3945         (e) Section 893.13, relating to the unlawful distribution
 3946  of controlled substances,
 3947  
 3948  may be declared to be a public nuisance, and such nuisance may
 3949  be abated pursuant to the procedures provided in this section.
 3950         Section 45. For the purpose of incorporating the amendment
 3951  made by this act to section 893.13, Florida Statutes, in a
 3952  reference thereto, section 893.15, Florida Statutes, is
 3953  reenacted to read:
 3954         893.15 Rehabilitation.—Any person who violates s.
 3955  893.13(6)(a) or (b) relating to possession may, in the
 3956  discretion of the trial judge, be required to participate in a
 3957  substance abuse services program approved or regulated by the
 3958  Department of Children and Families pursuant to the provisions
 3959  of chapter 397, provided the director of such program approves
 3960  the placement of the defendant in such program. Such required
 3961  participation shall be imposed in addition to any penalty or
 3962  probation otherwise prescribed by law. However, the total time
 3963  of such penalty, probation, and program participation shall not
 3964  exceed the maximum length of sentence possible for the offense.
 3965         Section 46. For the purpose of incorporating the amendment
 3966  made by this act to section 893.13, Florida Statutes, in a
 3967  reference thereto, section 903.133, Florida Statutes, is
 3968  reenacted to read:
 3969         903.133 Bail on appeal; prohibited for certain felony
 3970  convictions.—Notwithstanding the provisions of s. 903.132, no
 3971  person adjudged guilty of a felony of the first degree for a
 3972  violation of s. 782.04(2) or (3), s. 787.01, s. 794.011(4), s.
 3973  806.01, s. 893.13, or s. 893.135, or adjudged guilty of a
 3974  violation of s. 794.011(2) or (3), shall be admitted to bail
 3975  pending review either by posttrial motion or appeal.
 3976         Section 47. For the purpose of incorporating the amendment
 3977  made by this act to section 893.13, Florida Statutes, in a
 3978  reference thereto, paragraph (l) of subsection (1) of section
 3979  921.187, Florida Statutes, is reenacted to read:
 3980         921.187 Disposition and sentencing; alternatives;
 3981  restitution.—
 3982         (1) The alternatives provided in this section for the
 3983  disposition of criminal cases shall be used in a manner that
 3984  will best serve the needs of society, punish criminal offenders,
 3985  and provide the opportunity for rehabilitation. If the offender
 3986  does not receive a state prison sentence, the court may:
 3987         (l)1. Require the offender who violates any criminal
 3988  provision of chapter 893 to pay an additional assessment in an
 3989  amount up to the amount of any fine imposed, pursuant to ss.
 3990  938.21 and 938.23.
 3991         2. Require the offender who violates any provision of s.
 3992  893.13 to pay an additional assessment in an amount of $100,
 3993  pursuant to ss. 938.055 and 943.361.
 3994         Section 48. For the purpose of incorporating the amendment
 3995  made by this act to section 893.145, Florida Statutes, in a
 3996  reference thereto, paragraph (a) of subsection (2) of section
 3997  893.12, Florida Statutes, is reenacted to read:
 3998         893.12 Contraband; seizure, forfeiture, sale.—
 3999         (2)(a) Any vessel, vehicle, aircraft, or drug paraphernalia
 4000  as defined in s. 893.145 which has been or is being used in
 4001  violation of any provision of this chapter or in, upon, or by
 4002  means of which any violation of this chapter has taken or is
 4003  taking place may be seized and forfeited as provided by the
 4004  Florida Contraband Forfeiture Act.
 4005         Section 49. For the purpose of incorporating the amendment
 4006  made by this act to section 893.145, Florida Statutes, in a
 4007  reference thereto, paragraph (a) of subsection (6) of section
 4008  893.147, Florida Statutes, is reenacted to read:
 4009         893.147 Use, possession, manufacture, delivery,
 4010  transportation, advertisement, or retail sale of drug
 4011  paraphernalia.—
 4012         (6) RETAIL SALE OF DRUG PARAPHERNALIA.—
 4013         (a) It is unlawful for a person to knowingly and willfully
 4014  sell or offer for sale at retail any drug paraphernalia
 4015  described in s. 893.145(12)(a)-(c) or (g)-(m), other than a pipe
 4016  that is primarily made of briar, meerschaum, clay, or corn cob.
 4017         Section 50. For the purpose of incorporating the amendment
 4018  made by this act to section 895.02, Florida Statutes, in a
 4019  reference thereto, paragraph (a) of subsection (1) of section
 4020  16.56, Florida Statutes, is reenacted to read:
 4021         16.56 Office of Statewide Prosecution.—
 4022         (1) There is created in the Department of Legal Affairs an
 4023  Office of Statewide Prosecution. The office shall be a separate
 4024  “budget entity” as that term is defined in chapter 216. The
 4025  office may:
 4026         (a) Investigate and prosecute the offenses of:
 4027         1. Bribery, burglary, criminal usury, extortion, gambling,
 4028  kidnapping, larceny, murder, prostitution, perjury, robbery,
 4029  carjacking, and home-invasion robbery;
 4030         2. Any crime involving narcotic or other dangerous drugs;
 4031         3. Any violation of the Florida RICO (Racketeer Influenced
 4032  and Corrupt Organization) Act, including any offense listed in
 4033  the definition of racketeering activity in s. 895.02(1)(a),
 4034  providing such listed offense is investigated in connection with
 4035  a violation of s. 895.03 and is charged in a separate count of
 4036  an information or indictment containing a count charging a
 4037  violation of s. 895.03, the prosecution of which listed offense
 4038  may continue independently if the prosecution of the violation
 4039  of s. 895.03 is terminated for any reason;
 4040         4. Any violation of the Florida Anti-Fencing Act;
 4041         5. Any violation of the Florida Antitrust Act of 1980, as
 4042  amended;
 4043         6. Any crime involving, or resulting in, fraud or deceit
 4044  upon any person;
 4045         7. Any violation of s. 847.0135, relating to computer
 4046  pornography and child exploitation prevention, or any offense
 4047  related to a violation of s. 847.0135 or any violation of
 4048  chapter 827 where the crime is facilitated by or connected to
 4049  the use of the Internet or any device capable of electronic data
 4050  storage or transmission;
 4051         8. Any violation of chapter 815;
 4052         9. Any criminal violation of part I of chapter 499;
 4053         10. Any violation of the Florida Motor Fuel Tax Relief Act
 4054  of 2004;
 4055         11. Any criminal violation of s. 409.920 or s. 409.9201;
 4056         12. Any crime involving voter registration, voting, or
 4057  candidate or issue petition activities;
 4058         13. Any criminal violation of the Florida Money Laundering
 4059  Act;
 4060         14. Any criminal violation of the Florida Securities and
 4061  Investor Protection Act; or
 4062         15. Any violation of chapter 787, as well as any and all
 4063  offenses related to a violation of chapter 787;
 4064  
 4065  or any attempt, solicitation, or conspiracy to commit any of the
 4066  crimes specifically enumerated above. The office shall have such
 4067  power only when any such offense is occurring, or has occurred,
 4068  in two or more judicial circuits as part of a related
 4069  transaction, or when any such offense is connected with an
 4070  organized criminal conspiracy affecting two or more judicial
 4071  circuits. Informations or indictments charging such offenses
 4072  shall contain general allegations stating the judicial circuits
 4073  and counties in which crimes are alleged to have occurred or the
 4074  judicial circuits and counties in which crimes affecting such
 4075  circuits or counties are alleged to have been connected with an
 4076  organized criminal conspiracy.
 4077         Section 51. For the purpose of incorporating the amendment
 4078  made by this act to section 895.02, Florida Statutes, in a
 4079  reference thereto, paragraph (g) of subsection (3) of section
 4080  655.50, Florida Statutes, is reenacted to read:
 4081         655.50 Florida Control of Money Laundering and Terrorist
 4082  Financing in Financial Institutions Act.—
 4083         (3) As used in this section, the term:
 4084         (g) “Specified unlawful activity” means “racketeering
 4085  activity” as defined in s. 895.02.
 4086         Section 52. For the purpose of incorporating the amendment
 4087  made by this act to section 895.02, Florida Statutes, in a
 4088  reference thereto, paragraph (g) of subsection (2) of section
 4089  896.101, Florida Statutes, is reenacted to read:
 4090         896.101 Florida Money Laundering Act; definitions;
 4091  penalties; injunctions; seizure warrants; immunity.—
 4092         (2) As used in this section, the term:
 4093         (g) “Specified unlawful activity” means any “racketeering
 4094  activity” as defined in s. 895.02.
 4095         Section 53. For the purpose of incorporating the amendment
 4096  made by this act to section 895.02, Florida Statutes, in a
 4097  reference thereto, section 905.34, Florida Statutes, is
 4098  reenacted to read:
 4099         905.34 Powers and duties; law applicable.—The jurisdiction
 4100  of a statewide grand jury impaneled under this chapter shall
 4101  extend throughout the state. The subject matter jurisdiction of
 4102  the statewide grand jury shall be limited to the offenses of:
 4103         (1) Bribery, burglary, carjacking, home-invasion robbery,
 4104  criminal usury, extortion, gambling, kidnapping, larceny,
 4105  murder, prostitution, perjury, and robbery;
 4106         (2) Crimes involving narcotic or other dangerous drugs;
 4107         (3) Any violation of the provisions of the Florida RICO
 4108  (Racketeer Influenced and Corrupt Organization) Act, including
 4109  any offense listed in the definition of racketeering activity in
 4110  s. 895.02(1)(a), providing such listed offense is investigated
 4111  in connection with a violation of s. 895.03 and is charged in a
 4112  separate count of an information or indictment containing a
 4113  count charging a violation of s. 895.03, the prosecution of
 4114  which listed offense may continue independently if the
 4115  prosecution of the violation of s. 895.03 is terminated for any
 4116  reason;
 4117         (4) Any violation of the provisions of the Florida Anti
 4118  Fencing Act;
 4119         (5) Any violation of the provisions of the Florida
 4120  Antitrust Act of 1980, as amended;
 4121         (6) Any violation of the provisions of chapter 815;
 4122         (7) Any crime involving, or resulting in, fraud or deceit
 4123  upon any person;
 4124         (8) Any violation of s. 847.0135, s. 847.0137, or s.
 4125  847.0138 relating to computer pornography and child exploitation
 4126  prevention, or any offense related to a violation of s.
 4127  847.0135, s. 847.0137, or s. 847.0138 or any violation of
 4128  chapter 827 where the crime is facilitated by or connected to
 4129  the use of the Internet or any device capable of electronic data
 4130  storage or transmission;
 4131         (9) Any criminal violation of part I of chapter 499;
 4132         (10) Any criminal violation of s. 409.920 or s. 409.9201;
 4133         (11) Any criminal violation of the Florida Money Laundering
 4134  Act;
 4135         (12) Any criminal violation of the Florida Securities and
 4136  Investor Protection Act; or
 4137         (13) Any violation of chapter 787, as well as any and all
 4138  offenses related to a violation of chapter 787;
 4139  
 4140  or any attempt, solicitation, or conspiracy to commit any
 4141  violation of the crimes specifically enumerated above, when any
 4142  such offense is occurring, or has occurred, in two or more
 4143  judicial circuits as part of a related transaction or when any
 4144  such offense is connected with an organized criminal conspiracy
 4145  affecting two or more judicial circuits. The statewide grand
 4146  jury may return indictments and presentments irrespective of the
 4147  county or judicial circuit where the offense is committed or
 4148  triable. If an indictment is returned, it shall be certified and
 4149  transferred for trial to the county where the offense was
 4150  committed. The powers and duties of, and law applicable to,
 4151  county grand juries shall apply to a statewide grand jury except
 4152  when such powers, duties, and law are inconsistent with the
 4153  provisions of ss. 905.31-905.40.
 4154         Section 54. This act shall take effect July 1, 2016.