Florida Senate - 2017                                    SB 1662
       
       
        
       By Senator Clemens
       
       
       
       
       
       31-01630-17                                           20171662__
    1                        A bill to be entitled                      
    2         An act relating to cannabis; creating s. 893.131,
    3         F.S.; defining terms; providing that possession of a
    4         personal use quantity of cannabis or a cannabis
    5         accessory by an adult is a civil violation; providing
    6         for fines or community service; providing that such
    7         possession by a minor is a civil violation; requiring
    8         such minor to perform community service, attend a drug
    9         awareness program, or both; prohibiting arrests for
   10         such violation; providing an exception; limiting
   11         collateral use of such violation; prohibiting state or
   12         local penalties or obligations other than specified
   13         penalties or obligations concerning possession of
   14         personal use quantities of cannabis or cannabis
   15         accessories; prohibiting additional state or local
   16         penalties or obligations for having cannabinoids or
   17         cannabinoid metabolites in tissue or fluid of the
   18         body; providing applicability; specifying that
   19         political subdivisions may enact ordinances concerning
   20         public consumption of cannabis; specifying that
   21         certain violations may not be considered probation or
   22         parole violations; providing recordkeeping;
   23         authorizing the court to require completion of a drug
   24         awareness program under certain circumstances;
   25         providing penalties for noncompliance; providing
   26         distribution of revenue from civil penalties; amending
   27         ss. 893.13, 893.145, and 938.23, F.S.; conforming
   28         provisions to changes made by the act; reenacting ss.
   29         112.0455(8)(s), 397.451(4)(b), 435.07(2), 772.12(2),
   30         775.084(1)(a), 810.02(3)(f), 812.014(2)(c),
   31         831.311(1), 893.1351(1) and (2), 893.138(3), 893.15,
   32         903.133, 921.187(1)(l), F.S., relating to the Drug
   33         Free Workplace Act, background checks of service
   34         provider personnel, exemptions from disqualification,
   35         the Drug Dealer Liability Act, violent career
   36         criminals, habitual felony offenders, habitual violent
   37         felony offenders, three-time violent felony offenders,
   38         definitions, procedure, and enhanced penalties or
   39         mandatory minimum prison terms, burglary, theft,
   40         unlawful sale, manufacture, alteration, delivery,
   41         uttering, or possession of counterfeit-resistant
   42         prescription blanks for controlled substances,
   43         ownership, lease, rental, or possession for
   44         trafficking in or manufacturing a controlled
   45         substance, local administrative action to abate drug
   46         related, prostitution-related, or stolen-property
   47         related public nuisances and criminal gang activity,
   48         rehabilitation, bail on appeal prohibited for certain
   49         felony convictions, disposition, sentencing,
   50         alternatives and restitution, respectively, to
   51         incorporate the amendment made by the act to s.
   52         893.13, F.S.; reenacting s. 893.12(2)(a) and
   53         893.147(6)(a), F.S., relating to contraband seizure,
   54         forfeiture, and sale, and use, possession,
   55         manufacture, delivery, transportation, advertisement,
   56         or retail sale of drug paraphernalia, respectively, to
   57         incorporate the amendment made by the act to s.
   58         893.145, F.S.; providing an effective date.
   59          
   60  Be It Enacted by the Legislature of the State of Florida:
   61  
   62         Section 1. Section 893.131, Florida Statutes, is created to
   63  read:
   64         893.131Personal use quantity of cannabis.—
   65         (1)DEFINITIONS.—As used in this section, the term:
   66         (a)“Cannabis accessory” means paraphernalia for the
   67  ingestion, use, inhalation, preparation for personal use, or
   68  storage of a personal use quantity of cannabis.
   69         (b)“Personal use quantity of cannabis” means 1 ounce or
   70  less of cannabis, except that:
   71         1.No more than 5 grams of the cannabis may be resin
   72  extracted from or concentrates derived from cannabis.
   73         2.The term does not include cannabis that is growing.
   74         3.The term does not include the estimated weight of any
   75  noncannabis ingredients combined with cannabis, such as
   76  ingredients added to prepare food or drink.
   77         (2)PERSONAL POSSESSION.—
   78         (a)1.A person 18 years of age or older who knowingly and
   79  unlawfully possesses a personal use quantity of cannabis or a
   80  cannabis accessory commits a civil violation and, except as
   81  provided in subparagraph 2., shall be assessed a civil penalty
   82  of not more than $100.
   83         2.A person 18 years of age or older who commits a civil
   84  violation under subparagraph 1. may request a penalty of up to
   85  15 hours of community service in lieu of the civil penalty in
   86  subparagraph 1.
   87         (b)A person under the age of 18 years who knowingly and
   88  unlawfully possesses a personal use quantity of cannabis or a
   89  cannabis accessory commits a civil violation and shall be
   90  ordered to complete up to 15 hours of community service, a drug
   91  awareness program, or both. The offender’s parent or legal
   92  guardian shall be notified of the violation pursuant to
   93  paragraph (5)(b) and provided information regarding available
   94  drug awareness programs. Within 1 year after the court orders
   95  such offender to complete such service, program, or both, the
   96  offender or his or her parent or legal guardian shall file with
   97  the clerk of the court evidence of such completion.
   98         (c)Except as provided in this section, a person is not
   99  subject to arrest for a violation of this section. A person
  100  cited for a violation of this section shall be released on
  101  notice to appear if the law enforcement officer does not have
  102  lawful grounds to arrest such person for a different offense.
  103         (d)A determination of a civil violation under this section
  104  is not considered a drug offense under state law or as defined
  105  in 23 C.F.R. s. 192.3 and may not affect a person’s driving
  106  privileges.
  107         (e)A person who fails or refuses to produce his or her
  108  identification card or driver license issued by the state, or
  109  another form of identification issued by any state, district,
  110  county, municipality, school district, college, or university
  111  upon request by a law enforcement officer who informs the person
  112  that he or she has been found to be in possession of what
  113  appears to the officer to be a personal use quantity of cannabis
  114  or a cannabis accessory may be arrested for a violation of this
  115  section if the person fails or refuses to truthfully provide his
  116  or her name, address, and date of birth to a law enforcement
  117  officer.
  118         (f)Except as provided in this section, the state or any of
  119  its political subdivisions may not impose any penalty or
  120  obligation other than those outlined in this section on a person
  121  for possessing a personal use quantity of cannabis or a cannabis
  122  accessory. The state or any of its political subdivisions may
  123  not impose any penalty or obligation exceeding those outlined in
  124  this section on a person solely for having cannabinoids or
  125  cannabinoid metabolites in his or her urine, blood, sweat, hair,
  126  fingernails, toenails, or other tissue or fluid of the human
  127  body.
  128         (g)Possession of a personal use quantity of cannabis or a
  129  cannabis accessory, or the presence of cannabinoids or
  130  cannabinoid metabolites in the urine, blood, sweat, hair,
  131  fingernails, toenails, or other tissue or fluid of the human
  132  body, or a conviction, citation, admission, or plea bargain
  133  thereof, does not constitute grounds for denying a person
  134  student financial aid, public housing, or any other form of
  135  public financial assistance, including unemployment benefits;
  136  denying a person the right to operate a motor vehicle; or
  137  disqualifying a person from serving as a foster parent or an
  138  adoptive parent.
  139         (h)This section does not repeal or modify any law
  140  concerning the medical use of cannabis or tetrahydrocannabinol
  141  in any other form, such as dronabinol; the possession of more
  142  than a personal use quantity of cannabis; or the sale,
  143  manufacture, or trafficking of cannabis.
  144         (i)This section does not prohibit a political subdivision
  145  of the state from enacting ordinances regulating or prohibiting
  146  the public consumption of cannabis or tetrahydrocannabinol or
  147  providing additional penalties for the public consumption of
  148  cannabis or tetrahydrocannabinol if such penalties are not
  149  greater than those relating to the public consumption of
  150  alcohol.
  151         (j)A violation of this section may not be considered a
  152  violation of parole or probation.
  153         (3)RECORDKEEPING.—
  154         (a)Except as otherwise provided in this subsection, a
  155  record of a violation of this section may not be recorded in any
  156  database of criminal offenders.
  157         (b)A state, county, or municipal law enforcement agency
  158  that collects and reports data for the Federal Bureau of
  159  Investigation’s Uniform Crime Reporting Program shall collect
  160  data on the number of violations of this section and report such
  161  data to the Department of Law Enforcement. The Department of Law
  162  Enforcement shall compile the data collected pursuant to this
  163  paragraph and make it available free of cost to the public. Such
  164  law enforcement agency shall update the data annually and make
  165  the data available on its public Internet website.
  166         (4)DRUG AWARENESS PROGRAMS.—
  167         (a)The court may require an offender under the age of 18
  168  to complete a drug awareness program within 1 year after his or
  169  her parent or legal guardian is notified of the violation
  170  pursuant to paragraph (2)(b).
  171         (b)The drug awareness program may charge a fee of up to
  172  $75 to offset any program costs. The fees shall be waived based
  173  on an offender’s financial hardship. All fees shall be payable
  174  by the offender upon entry into the program.
  175         (5)NOTICE OF VIOLATIONS.—
  176         (a)A state, county, or municipal law enforcement agency
  177  shall issue noncriminal citation forms to its officers which
  178  conform with this section.
  179         (b)The notice required in paragraph (2)(b) shall be mailed
  180  or hand delivered to at least one of the offender’s parents or
  181  legal guardians at his or her last known address. If the
  182  offender or his or her parent or legal guardian fails to comply
  183  with paragraph (2)(b), the clerk shall notify the offender, the
  184  offender’s parent or legal guardian, and the person who issued
  185  the original citation notice of a hearing to impose a civil
  186  penalty of up to $150 or community service of up to 40 hours on
  187  the offender for such noncompliance. During such hearing, the
  188  court is limited to considering the offender’s financial
  189  capacity to pay the penalty, the offender’s ability to
  190  participate in a drug awareness program, the availability of a
  191  suitable drug awareness program, and the offender’s willingness
  192  to complete such program within a timeframe to be determined by
  193  the court.
  194         (6)DISTRIBUTION OF REVENUE.—Notwithstanding any other law,
  195  civil penalties levied under this section shall be distributed
  196  as follows:
  197         (a)Fifty percent shall be distributed to or retained by
  198  the municipality where the violation occurred or the county
  199  where it occurred, if the violation occurred in an
  200  unincorporated area.
  201         (b)Fifty percent shall be distributed in the same manner
  202  as provided in s. 938.23(2).
  203         Section 2. Subsection (3) and paragraphs (b) and (e) of
  204  subsection (6) of section 893.13, Florida Statutes, are amended
  205  to read:
  206         893.13 Prohibited acts; penalties.—
  207         (3) A person who delivers, without consideration, a
  208  personal use quantity of cannabis, as defined in s. 893.131, 20
  209  grams or less of cannabis, as defined in this chapter, commits a
  210  misdemeanor of the first degree, punishable as provided in s.
  211  775.082 or s. 775.083. As used in this paragraph, the term
  212  “cannabis” does not include the resin extracted from the plants
  213  of the genus Cannabis or any compound manufacture, salt,
  214  derivative, mixture, or preparation of such resin.
  215         (6)
  216         (b) If the offense is the possession of 1 ounce 20 grams or
  217  less of cannabis, as defined in this chapter, and the possession
  218  is not a personal use quantity of cannabis, as defined in s.
  219  893.131, the person commits a misdemeanor of the first degree,
  220  punishable as provided in s. 775.082 or s. 775.083. As used in
  221  this subsection, the term “cannabis” does not include the resin
  222  extracted from the plants of the genus Cannabis, or any compound
  223  manufacture, salt, derivative, mixture, or preparation of such
  224  resin.
  225         (e) Notwithstanding any provision to the contrary of the
  226  laws of this state relating to arrest, and except as provided in
  227  s. 893.131, a law enforcement officer may arrest without warrant
  228  any person who the officer has probable cause to believe is
  229  violating the provisions of this chapter relating to possession
  230  of cannabis.
  231         Section 3. Section 893.145, Florida Statutes, is amended to
  232  read:
  233         893.145 “Drug paraphernalia” defined.—The term “drug
  234  paraphernalia” means all equipment, products, and materials of
  235  any kind which are used, intended for use, or designed for use
  236  in planting, propagating, cultivating, growing, harvesting,
  237  manufacturing, compounding, converting, producing, processing,
  238  preparing, testing, analyzing, packaging, repackaging, storing,
  239  containing, concealing, transporting, injecting, ingesting,
  240  inhaling, or otherwise introducing into the human body a
  241  controlled substance in violation of this chapter or s. 877.111.
  242  Drug paraphernalia is deemed to be contraband which shall be
  243  subject to civil forfeiture. The term does not include a
  244  cannabis accessory, as defined in s. 893.131. The term includes,
  245  but is not limited to:
  246         (1) Kits used, intended for use, or designed for use in the
  247  planting, propagating, cultivating, growing, or harvesting of
  248  any species of plant which is a controlled substance or from
  249  which a controlled substance can be derived.
  250         (2) Kits used, intended for use, or designed for use in
  251  manufacturing, compounding, converting, producing, processing,
  252  or preparing controlled substances.
  253         (3) Isomerization devices used, intended for use, or
  254  designed for use in increasing the potency of any species of
  255  plant which is a controlled substance.
  256         (4) Testing equipment used, intended for use, or designed
  257  for use in identifying, or in analyzing the strength,
  258  effectiveness, or purity of, controlled substances.
  259         (5) Scales and balances used, intended for use, or designed
  260  for use in weighing or measuring controlled substances.
  261         (6) Diluents and adulterants, such as quinine
  262  hydrochloride, caffeine, dimethyl sulfone, mannitol, mannite,
  263  dextrose, and lactose, used, intended for use, or designed for
  264  use in diluting controlled substances; or substances such as
  265  damiana leaf, marshmallow leaf, and mullein leaf, used, intended
  266  for use, or designed for use as carrier mediums of controlled
  267  substances.
  268         (7) Separation gins and sifters used, intended for use, or
  269  designed for use in removing twigs and seeds from, or in
  270  otherwise cleaning or refining, cannabis.
  271         (8) Blenders, bowls, containers, spoons, and mixing devices
  272  used, intended for use, or designed for use in compounding
  273  controlled substances.
  274         (9) Capsules, balloons, envelopes, and other containers
  275  used, intended for use, or designed for use in packaging small
  276  quantities of controlled substances.
  277         (10) Containers and other objects used, intended for use,
  278  or designed for use in storing, concealing, or transporting
  279  controlled substances.
  280         (11) Hypodermic syringes, needles, and other objects used,
  281  intended for use, or designed for use in parenterally injecting
  282  controlled substances into the human body.
  283         (12) Objects used, intended for use, or designed for use in
  284  ingesting, inhaling, or otherwise introducing controlled
  285  substances, as described in s. 893.03, or substances described
  286  in s. 877.111(1) into the human body, such as:
  287         (a) Metal, wooden, acrylic, glass, stone, plastic, or
  288  ceramic pipes, with or without screens, permanent screens,
  289  hashish heads, or punctured metal bowls.
  290         (b) Water pipes.
  291         (c) Carburetion tubes and devices.
  292         (d) Smoking and carburetion masks.
  293         (e) Roach clips: meaning objects used to hold burning
  294  material, such as a cannabis cigarette, that has become too
  295  small or too short to be held in the hand.
  296         (f) Miniature cocaine spoons, and cocaine vials.
  297         (g) Chamber pipes.
  298         (h) Carburetor pipes.
  299         (i) Electric pipes.
  300         (j) Air-driven pipes.
  301         (k) Chillums.
  302         (l) Bongs.
  303         (m) Ice pipes or chillers.
  304         (n) A cartridge or canister, which means a small metal
  305  device used to contain nitrous oxide.
  306         (o) A charger, sometimes referred to as a “cracker,” which
  307  means a small metal or plastic device that contains an interior
  308  pin that may be used to expel nitrous oxide from a cartridge or
  309  container.
  310         (p) A charging bottle, which means a device that may be
  311  used to expel nitrous oxide from a cartridge or canister.
  312         (q) A whip-it, which means a device that may be used to
  313  expel nitrous oxide.
  314         (r) A tank.
  315         (s) A balloon.
  316         (t) A hose or tube.
  317         (u) A 2-liter-type soda bottle.
  318         (v) Duct tape.
  319         Section 4. Subsection (2) of section 938.23, Florida
  320  Statutes, is amended to read:
  321         938.23 Assistance grants for alcohol and other drug abuse
  322  programs.—
  323         (2) All assessments authorized by this section and proceeds
  324  of civil penalties under s. 893.131 shall be collected by the
  325  clerk of court and remitted to the jurisdictional county as
  326  described in s. 893.165(2) for deposit into the County Alcohol
  327  and Other Drug Abuse Trust Fund or remitted to the Department of
  328  Revenue for deposit into the Grants and Donations Trust Fund of
  329  the Department of Children and Families pursuant to guidelines
  330  and priorities developed by the department. If a County Alcohol
  331  and Other Drug Abuse Trust Fund has not been established for any
  332  jurisdictional county, assessments collected by the clerk of
  333  court shall be remitted to the Department of Revenue for deposit
  334  into the Grants and Donations Trust Fund of the Department of
  335  Children and Families.
  336         Section 5. For the purpose of incorporating the amendment
  337  made by this act to section 893.13, Florida Statutes, in a
  338  reference thereto, paragraph (s) of subsection (8) of section
  339  112.0455, Florida Statutes, is reenacted to read:
  340         112.0455 Drug-Free Workplace Act.—
  341         (8) PROCEDURES AND EMPLOYEE PROTECTION.—All specimen
  342  collection and testing for drugs under this section shall be
  343  performed in accordance with the following procedures:
  344         (s) An employer may not discharge, discipline, or
  345  discriminate against an employee solely upon voluntarily seeking
  346  treatment, while under the employ of the employer, for a drug
  347  related problem if the employee has not previously tested
  348  positive for drug use, entered an employee assistance program
  349  for drug-related problems, or entered an alcohol and drug
  350  rehabilitation program. However, special risk employees may be
  351  subject to discharge or disciplinary action when the presence of
  352  illicit drugs, pursuant to s. 893.13, is confirmed.
  353         Section 6. For the purpose of incorporating the amendment
  354  made by this act to section 893.13, Florida Statutes, in a
  355  reference thereto, paragraph (b) of subsection (4) of section
  356  397.451, Florida Statutes, is reenacted to read:
  357         397.451 Background checks of service provider personnel.—
  358         (4) EXEMPTIONS FROM DISQUALIFICATION.—
  359         (b) Since rehabilitated substance abuse impaired persons
  360  are effective in the successful treatment and rehabilitation of
  361  individuals with substance use disorders, for service providers
  362  which treat adolescents 13 years of age and older, service
  363  provider personnel whose background checks indicate crimes under
  364  s. 817.563, s. 893.13, or s. 893.147 may be exempted from
  365  disqualification from employment pursuant to this paragraph.
  366         Section 7. For the purpose of incorporating the amendment
  367  made by this act to section 893.13, Florida Statutes, in a
  368  reference thereto, subsection (2) of section 435.07, Florida
  369  Statutes, is reenacted to read:
  370         435.07 Exemptions from disqualification.—Unless otherwise
  371  provided by law, the provisions of this section apply to
  372  exemptions from disqualification for disqualifying offenses
  373  revealed pursuant to background screenings required under this
  374  chapter, regardless of whether those disqualifying offenses are
  375  listed in this chapter or other laws.
  376         (2) Persons employed, or applicants for employment, by
  377  treatment providers who treat adolescents 13 years of age and
  378  older who are disqualified from employment solely because of
  379  crimes under s. 817.563, s. 893.13, or s. 893.147 may be
  380  exempted from disqualification from employment pursuant to this
  381  chapter without application of the waiting period in
  382  subparagraph (1)(a)1.
  383         Section 8. For the purpose of incorporating the amendment
  384  made by this act to section 893.13, Florida Statutes, in a
  385  reference thereto, subsection (2) of section 772.12, Florida
  386  Statutes, is reenacted to read:
  387         772.12 Drug Dealer Liability Act.—
  388         (2) A person, including any governmental entity, has a
  389  cause of action for threefold the actual damages sustained and
  390  is entitled to minimum damages in the amount of $1,000 and
  391  reasonable attorney’s fees and court costs in the trial and
  392  appellate courts, if the person proves by the greater weight of
  393  the evidence that:
  394         (a) The person was injured because of the defendant’s
  395  actions that resulted in the defendant’s conviction for:
  396         1. A violation of s. 893.13, except for a violation of s.
  397  893.13(2)(a) or (b), (3), (5), (6)(a), (b), or (c), (7); or
  398         2. A violation of s. 893.135; and
  399         (b) The person was not injured by reason of his or her
  400  participation in the same act or transaction that resulted in
  401  the defendant’s conviction for any offense described in
  402  subparagraph (a)1.
  403         Section 9. For the purpose of incorporating the amendment
  404  made by this act to section 893.13, Florida Statutes, in a
  405  reference thereto, paragraph (a) of subsection (1) of section
  406  775.084, Florida Statutes, is reenacted to read:
  407         775.084 Violent career criminals; habitual felony offenders
  408  and habitual violent felony offenders; three-time violent felony
  409  offenders; definitions; procedure; enhanced penalties or
  410  mandatory minimum prison terms.—
  411         (1) As used in this act:
  412         (a) “Habitual felony offender” means a defendant for whom
  413  the court may impose an extended term of imprisonment, as
  414  provided in paragraph (4)(a), if it finds that:
  415         1. The defendant has previously been convicted of any
  416  combination of two or more felonies in this state or other
  417  qualified offenses.
  418         2. The felony for which the defendant is to be sentenced
  419  was committed:
  420         a. While the defendant was serving a prison sentence or
  421  other sentence, or court-ordered or lawfully imposed supervision
  422  that is imposed as a result of a prior conviction for a felony
  423  or other qualified offense; or
  424         b. Within 5 years of the date of the conviction of the
  425  defendant’s last prior felony or other qualified offense, or
  426  within 5 years of the defendant’s release from a prison
  427  sentence, probation, community control, control release,
  428  conditional release, parole or court-ordered or lawfully imposed
  429  supervision or other sentence that is imposed as a result of a
  430  prior conviction for a felony or other qualified offense,
  431  whichever is later.
  432         3. The felony for which the defendant is to be sentenced,
  433  and one of the two prior felony convictions, is not a violation
  434  of s. 893.13 relating to the purchase or the possession of a
  435  controlled substance.
  436         4. The defendant has not received a pardon for any felony
  437  or other qualified offense that is necessary for the operation
  438  of this paragraph.
  439         5. A conviction of a felony or other qualified offense
  440  necessary to the operation of this paragraph has not been set
  441  aside in any postconviction proceeding.
  442         Section 10. For the purpose of incorporating the amendment
  443  made by this act to section 893.13, Florida Statutes, in a
  444  reference thereto, paragraph (f) of subsection (3) of section
  445  810.02, Florida Statutes, is reenacted to read:
  446         810.02 Burglary.—
  447         (3) Burglary is a felony of the second degree, punishable
  448  as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the
  449  course of committing the offense, the offender does not make an
  450  assault or battery and is not and does not become armed with a
  451  dangerous weapon or explosive, and the offender enters or
  452  remains in a:
  453         (f) Structure or conveyance when the offense intended to be
  454  committed therein is theft of a controlled substance as defined
  455  in s. 893.02. Notwithstanding any other law, separate judgments
  456  and sentences for burglary with the intent to commit theft of a
  457  controlled substance under this paragraph and for any applicable
  458  possession of controlled substance offense under s. 893.13 or
  459  trafficking in controlled substance offense under s. 893.135 may
  460  be imposed when all such offenses involve the same amount or
  461  amounts of a controlled substance.
  462  
  463  However, if the burglary is committed within a county that is
  464  subject to a state of emergency declared by the Governor under
  465  chapter 252 after the declaration of emergency is made and the
  466  perpetration of the burglary is facilitated by conditions
  467  arising from the emergency, the burglary is a felony of the
  468  first degree, punishable as provided in s. 775.082, s. 775.083,
  469  or s. 775.084. As used in this subsection, the term “conditions
  470  arising from the emergency” means civil unrest, power outages,
  471  curfews, voluntary or mandatory evacuations, or a reduction in
  472  the presence of or response time for first responders or
  473  homeland security personnel. A person arrested for committing a
  474  burglary within a county that is subject to such a state of
  475  emergency may not be released until the person appears before a
  476  committing magistrate at a first appearance hearing. For
  477  purposes of sentencing under chapter 921, a felony offense that
  478  is reclassified under this subsection is ranked one level above
  479  the ranking under s. 921.0022 or s. 921.0023 of the offense
  480  committed.
  481         Section 11. For the purpose of incorporating the amendment
  482  made by this act to section 893.13, Florida Statutes, in a
  483  reference thereto, paragraph (c) of subsection (2) of section
  484  812.014, Florida Statutes, is reenacted to read:
  485         812.014 Theft.—
  486         (2)
  487         (c) It is grand theft of the third degree and a felony of
  488  the third degree, punishable as provided in s. 775.082, s.
  489  775.083, or s. 775.084, if the property stolen is:
  490         1. Valued at $300 or more, but less than $5,000.
  491         2. Valued at $5,000 or more, but less than $10,000.
  492         3. Valued at $10,000 or more, but less than $20,000.
  493         4. A will, codicil, or other testamentary instrument.
  494         5. A firearm.
  495         6. A motor vehicle, except as provided in paragraph (a).
  496         7. Any commercially farmed animal, including any animal of
  497  the equine, bovine, or swine class or other grazing animal; a
  498  bee colony of a registered beekeeper; and aquaculture species
  499  raised at a certified aquaculture facility. If the property
  500  stolen is aquaculture species raised at a certified aquaculture
  501  facility, then a $10,000 fine shall be imposed.
  502         8. Any fire extinguisher.
  503         9. Any amount of citrus fruit consisting of 2,000 or more
  504  individual pieces of fruit.
  505         10. Taken from a designated construction site identified by
  506  the posting of a sign as provided for in s. 810.09(2)(d).
  507         11. Any stop sign.
  508         12. Anhydrous ammonia.
  509         13. Any amount of a controlled substance as defined in s.
  510  893.02. Notwithstanding any other law, separate judgments and
  511  sentences for theft of a controlled substance under this
  512  subparagraph and for any applicable possession of controlled
  513  substance offense under s. 893.13 or trafficking in controlled
  514  substance offense under s. 893.135 may be imposed when all such
  515  offenses involve the same amount or amounts of a controlled
  516  substance.
  517  
  518  However, if the property is stolen within a county that is
  519  subject to a state of emergency declared by the Governor under
  520  chapter 252, the property is stolen after the declaration of
  521  emergency is made, and the perpetration of the theft is
  522  facilitated by conditions arising from the emergency, the
  523  offender commits a felony of the second degree, punishable as
  524  provided in s. 775.082, s. 775.083, or s. 775.084, if the
  525  property is valued at $5,000 or more, but less than $10,000, as
  526  provided under subparagraph 2., or if the property is valued at
  527  $10,000 or more, but less than $20,000, as provided under
  528  subparagraph 3. As used in this paragraph, the term “conditions
  529  arising from the emergency” means civil unrest, power outages,
  530  curfews, voluntary or mandatory evacuations, or a reduction in
  531  the presence of or the response time for first responders or
  532  homeland security personnel. For purposes of sentencing under
  533  chapter 921, a felony offense that is reclassified under this
  534  paragraph is ranked one level above the ranking under s.
  535  921.0022 or s. 921.0023 of the offense committed.
  536         Section 12. For the purpose of incorporating the amendment
  537  made by this act to section 893.13, Florida Statutes, in a
  538  reference thereto, subsection (1) of section 831.311, Florida
  539  Statutes, is reenacted to read:
  540         831.311 Unlawful sale, manufacture, alteration, delivery,
  541  uttering, or possession of counterfeit-resistant prescription
  542  blanks for controlled substances.—
  543         (1) It is unlawful for any person having the intent to
  544  injure or defraud any person or to facilitate any violation of
  545  s. 893.13 to sell, manufacture, alter, deliver, utter, or
  546  possess with intent to injure or defraud any person, or to
  547  facilitate any violation of s. 893.13, any counterfeit-resistant
  548  prescription blanks for controlled substances, the form and
  549  content of which are adopted by rule of the Department of Health
  550  pursuant to s. 893.065.
  551         Section 13. For the purpose of incorporating the amendment
  552  made by this act to section 893.13, Florida Statutes, in a
  553  reference thereto, subsections (1) and (2) of section 893.1351,
  554  Florida Statutes, are reenacted to read:
  555         893.1351 Ownership, lease, rental, or possession for
  556  trafficking in or manufacturing a controlled substance.—
  557         (1) A person may not own, lease, or rent any place,
  558  structure, or part thereof, trailer, or other conveyance with
  559  the knowledge that the place, structure, trailer, or conveyance
  560  will be used for the purpose of trafficking in a controlled
  561  substance, as provided in s. 893.135; for the sale of a
  562  controlled substance, as provided in s. 893.13; or for the
  563  manufacture of a controlled substance intended for sale or
  564  distribution to another. A person who violates this subsection
  565  commits a felony of the third degree, punishable as provided in
  566  s. 775.082, s. 775.083, or s. 775.084.
  567         (2) A person may not knowingly be in actual or constructive
  568  possession of any place, structure, or part thereof, trailer, or
  569  other conveyance with the knowledge that the place, structure,
  570  or part thereof, trailer, or conveyance will be used for the
  571  purpose of trafficking in a controlled substance, as provided in
  572  s. 893.135; for the sale of a controlled substance, as provided
  573  in s. 893.13; or for the manufacture of a controlled substance
  574  intended for sale or distribution to another. A person who
  575  violates this subsection commits a felony of the second degree,
  576  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  577         Section 14. For the purpose of incorporating the amendment
  578  made by this act to section 893.13, Florida Statutes, in a
  579  reference thereto, subsection (3) of section 893.138, Florida
  580  Statutes, is reenacted to read:
  581         893.138 Local administrative action to abate drug-related,
  582  prostitution-related, or stolen-property-related public
  583  nuisances and criminal gang activity.—
  584         (3) Any pain-management clinic, as described in s. 458.3265
  585  or s. 459.0137, which has been used on more than two occasions
  586  within a 6-month period as the site of a violation of:
  587         (a) Section 784.011, s. 784.021, s. 784.03, or s. 784.045,
  588  relating to assault and battery;
  589         (b) Section 810.02, relating to burglary;
  590         (c) Section 812.014, relating to theft;
  591         (d) Section 812.131, relating to robbery by sudden
  592  snatching; or
  593         (e) Section 893.13, relating to the unlawful distribution
  594  of controlled substances,
  595  
  596  may be declared to be a public nuisance, and such nuisance may
  597  be abated pursuant to the procedures provided in this section.
  598         Section 15. For the purpose of incorporating the amendment
  599  made by this act to section 893.13, Florida Statutes, in a
  600  reference thereto, section 893.15, Florida Statutes, is
  601  reenacted to read:
  602         893.15 Rehabilitation.—Any person who violates s.
  603  893.13(6)(a) or (b) relating to possession may, in the
  604  discretion of the trial judge, be required to participate in a
  605  substance abuse services program approved or regulated by the
  606  Department of Children and Families pursuant to the provisions
  607  of chapter 397, provided the director of such program approves
  608  the placement of the defendant in such program. Such required
  609  participation shall be imposed in addition to any penalty or
  610  probation otherwise prescribed by law. However, the total time
  611  of such penalty, probation, and program participation shall not
  612  exceed the maximum length of sentence possible for the offense.
  613         Section 16. For the purpose of incorporating the amendment
  614  made by this act to section 893.13, Florida Statutes, in a
  615  reference thereto, section 903.133, Florida Statutes, is
  616  reenacted to read:
  617         903.133 Bail on appeal; prohibited for certain felony
  618  convictions.—Notwithstanding the provisions of s. 903.132, no
  619  person adjudged guilty of a felony of the first degree for a
  620  violation of s. 782.04(2) or (3), s. 787.01, s. 794.011(4), s.
  621  806.01, s. 893.13, or s. 893.135, or adjudged guilty of a
  622  violation of s. 794.011(2) or (3), shall be admitted to bail
  623  pending review either by posttrial motion or appeal.
  624         Section 17. For the purpose of incorporating the amendment
  625  made by this act to section 893.13, Florida Statutes, in a
  626  reference thereto, paragraph (l) of subsection (1) of section
  627  921.187, Florida Statutes, is reenacted to read:
  628         921.187 Disposition and sentencing; alternatives;
  629  restitution.—
  630         (1) The alternatives provided in this section for the
  631  disposition of criminal cases shall be used in a manner that
  632  will best serve the needs of society, punish criminal offenders,
  633  and provide the opportunity for rehabilitation. If the offender
  634  does not receive a state prison sentence, the court may:
  635         (l)1. Require the offender who violates any criminal
  636  provision of chapter 893 to pay an additional assessment in an
  637  amount up to the amount of any fine imposed, pursuant to ss.
  638  938.21 and 938.23.
  639         2. Require the offender who violates any provision of s.
  640  893.13 to pay an additional assessment in an amount of $100,
  641  pursuant to ss. 938.055 and 943.361.
  642         Section 18. For the purpose of incorporating the amendment
  643  made by this act to section 893.145, Florida Statutes, in a
  644  reference thereto, paragraph (a) of subsection (2) of section
  645  893.12, Florida Statutes, is reenacted to read:
  646         893.12 Contraband; seizure, forfeiture, sale.—
  647         (2)(a) Any vessel, vehicle, aircraft, or drug paraphernalia
  648  as defined in s. 893.145 which has been or is being used in
  649  violation of any provision of this chapter or in, upon, or by
  650  means of which any violation of this chapter has taken or is
  651  taking place may be seized and forfeited as provided by the
  652  Florida Contraband Forfeiture Act.
  653         Section 19. For the purpose of incorporating the amendment
  654  made by this act to section 893.145, Florida Statutes, in a
  655  reference thereto, paragraph (a) of subsection (6) of section
  656  893.147, Florida Statutes, is reenacted to read:
  657         893.147 Use, possession, manufacture, delivery,
  658  transportation, advertisement, or retail sale of drug
  659  paraphernalia.—
  660         (6) RETAIL SALE OF DRUG PARAPHERNALIA.—
  661         (a) It is unlawful for a person to knowingly and willfully
  662  sell or offer for sale at retail any drug paraphernalia
  663  described in s. 893.145(12)(a)-(c) or (g)-(m), other than a pipe
  664  that is primarily made of briar, meerschaum, clay, or corn cob.
  665         Section 20. This act shall take effect July 1, 2017.