CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. SB 92
Amendment No.
CHAMBER ACTION
Senate House
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11 Senator Sullivan moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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16 and insert:
17 Section 1. Paragraphs (a) and (c) of subsection (1),
18 paragraph (a) of subsection (2), and subsection (4) of section
19 893.03, Florida Statutes, 1996 Supplement, are amended to
20 read:
21 893.03 Standards and schedules.--The substances
22 enumerated in this section are controlled by this chapter.
23 The controlled substances listed or to be listed in Schedules
24 I, II, III, IV, and V are included by whatever official,
25 common, usual, chemical, or trade name designated. The
26 provisions of this section shall not be construed to include
27 within any of the schedules contained in this section any
28 excluded drugs listed within the purview of 21 C.F.R. s.
29 1308.22, styled "Excluded Substances"; 21 C.F.R. s. 1308.24,
30 styled "Exempt Chemical Preparations"; 21 C.F.R. s. 1308.32,
31 styled "Exempted Prescription Products"; or 21 C.F.R. s.
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SENATE AMENDMENT
Bill No. SB 92
Amendment No.
1 1308.34, styled "Exempt Anabolic Steroid Products."
2 (1) SCHEDULE I.--A substance in Schedule I has a high
3 potential for abuse and has no currently accepted medical use
4 in treatment in the United States and in its use under medical
5 supervision does not meet accepted safety standards. The
6 following substances are controlled in Schedule I:
7 (a) Unless specifically excepted or unless listed in
8 another schedule, any of the following substances, including
9 their isomers, esters, ethers, salts, and salts of isomers,
10 esters, and ethers, whenever the existence of such isomers,
11 esters, ethers, and salts is possible within the specific
12 chemical designation:
13 1. Acetyl-alpha-methylfentanyl.
14 2. Acetylmethadol.
15 3. Allylprodine.
16 4. Alphacetylmethadol (except levo-alphacetylmethadol,
17 also known as levo-alpha-acetylmethadol, levomethadyl acetate,
18 or LAAM).
19 5. Alphamethadol.
20 6. Alpha-methylfentanyl
21 (N-Æ1-(alpha-methyl-betaphenyl) ethyl-4-piperidylº
22 propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-propanilido)
23 piperidine).
24 7. Alpha-methylthiofentanyl.
25 8. Alphameprodine.
26 9. Benzethidine.
27 10. Benzylfentanyl.
28 11. Betacetylmethadol.
29 12. Beta-hydroxyfentanyl.
30 13. Beta-hydroxy-3-methylfentanyl.
31 14. Betameprodine.
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SENATE AMENDMENT
Bill No. SB 92
Amendment No.
1 15. Betamethadol.
2 16. Betaprodine.
3 17. Clonitazene.
4 18. Dextromoramide.
5 19. Diampromide.
6 20. Diethylthiambutene.
7 21. Difenoxin.
8 22. Dimenoxadol.
9 23. Dimepheptanol.
10 24. Dimethylthiambutene.
11 25. Dioxaphetyl butyrate.
12 26. Dipipanone.
13 27. Ethylmethylthiambutene.
14 28. Etonitazene.
15 29. Etoxeridine.
16 30. Flunitrazepam.
17 31.30. Furethidine.
18 32.31. Hydroxypethidine.
19 33.32. Ketobemidone.
20 34.33. Levomoramide.
21 35.34. Levophenacylmorphan.
22 36.35. 1-Methyl-4-Phenyl-4-Propionoxypiperidine
23 (MPPP).
24 37.36. 3-Methylfentanyl (N-
25 Æ3-methyl-1-(2-phenylethyl)-4-piperidylº-N-phenylpropanamide).
26 38.37. 3-Methylthiofentanyl.
27 39.38. 3, 4-Methylenedioxymethamphetamine (MDMA).
28 40.39. Morpheridine.
29 41.40. Noracymethadol.
30 42.41. Norlevorphanol.
31 43.42. Normethadone.
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Bill No. SB 92
Amendment No.
1 44.43. Norpipanone.
2 45.44. Para-Fluorofentanyl.
3 46.45. Phenadoxone.
4 47.46. Phenampromide.
5 48.47. Phenomorphan.
6 49.48. Phenoperidine.
7 50.49. 1-(2-Phenylethyl)-4-Phenyl-4-Acetyloxypiperidine
8 (PEPAP).
9 51.50. Piritramide.
10 52.51. Proheptazine.
11 53.52. Properidine.
12 54.53. Propiram.
13 55.54. Racemoramide.
14 56.55. Thenylfentanyl.
15 57.56. Thiofentanyl.
16 58.57. Tilidine.
17 59.58. Trimeperidine.
18 (c) Unless specifically excepted or unless listed in
19 another schedule, any material, compound, mixture, or
20 preparation which contains any quantity of the following
21 hallucinogenic substances or which contains any of their
22 salts, isomers, and salts of isomers, whenever the existence
23 of such salts, isomers, and salts of isomers is possible
24 within the specific chemical designation:
25 1. Alpha-ethyltryptamine.
26 2.1. 2-Amino-4-methyl-5-phenyl-2-oxazoline
27 (4-methylaminorex).
28 3. 2-Amino-5-phenyl-2-oxazoline (Aminorex).
29 4.2. 4-Bromo-2,5-dimethoxyamphetamine.
30 5. 4-Bromo-2, 5-dimethoxyphenethylamine.
31 6.3. Bufotenine.
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SENATE AMENDMENT
Bill No. SB 92
Amendment No.
1 7.4. Cannabis.
2 8.5. Cathinone.
3 9.6. Diethyltryptamine.
4 10.7. 2,5-Dimethoxyamphetamine.
5 11.8. 2,5-Dimethoxy-4-ethylamphetamine (DOET).
6 12.9. Dimethyltryptamine.
7 13.10. N-Ethyl-1-phenylcyclohexylamine (PCE)
8 (Ethylamine analog of phencyclidine).
9 14.11. N-Ethyl-3-piperidyl benzilate.
10 15.12. N-ethylamphetamine.
11 16.13. Fenethylline.
12 17.14. N-Hydroxy-3,4-methylenedioxyamphetamine.
13 18.15. Ibogaine.
14 19.16. Lysergic acid diethylamide (LSD).
15 20.17. Mescaline.
16 21. Methcathinone.
17 22.18. 5-Methoxy-3,4-methylenedioxyamphetamine.
18 23.19. 4-methoxyamphetamine.
19 24.20. 4-Methyl-2,5-dimethoxyamphetamine.
20 25.21. 3,4-Methylenedioxy-N-ethylamphetamine.
21 26.22. 3,4-Methylenedioxyamphetamine.
22 27.23. N-Methyl-3-piperidyl benzilate.
23 28.24. N,N-dimethylamphetamine.
24 29.25. Parahexyl.
25 30.26. Peyote.
26 31.27. N-(1-Phenylcyclohexyl)-pyrrolidine (PCPY)
27 (Pyrrolidine analog of phencyclidine).
28 32.28. Psilocybin.
29 33.29. Psilocyn.
30 34.30. Tetrahydrocannabinols.
31 35.31. 1-Æ1-(2-Thienyl)-cyclohexylº-piperidine (TCP)
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SENATE AMENDMENT
Bill No. SB 92
Amendment No.
1 (Thiophene analog of phencyclidine).
2 36.32. 3,4,5-Trimethoxyamphetamine.
3 (2) SCHEDULE II.--A substance in Schedule II has a
4 high potential for abuse and has a currently accepted but
5 severely restricted medical use in treatment in the United
6 States, and abuse of the substance may lead to severe
7 psychological or physical dependence. The following
8 substances are controlled in Schedule II:
9 (a) Unless specifically excepted or unless listed in
10 another schedule, any of the following substances, whether
11 produced directly or indirectly by extraction from substances
12 of vegetable origin or independently by means of chemical
13 synthesis:
14 1. Opium and any salt, compound, derivative, or
15 preparation of opium, except nalmefene or isoquinoline
16 alkaloids of opium, including, but not limited to the
17 following:
18 a. Raw opium.
19 b. Opium extracts.
20 c. Opium fluid extracts.
21 d. Powdered opium.
22 e. Granulated opium.
23 f. Tincture of opium.
24 g. Codeine.
25 h. Ethylmorphine.
26 i. Etorphine hydrochloride.
27 j. Hydrocodone.
28 k. Hydromorphone.
29 l. Levo-alphacetylmethadol (also known as
30 levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM).
31 m. Metopon (methyldihydromorphinone).
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SENATE AMENDMENT
Bill No. SB 92
Amendment No.
1 n. Morphine.
2 o. Oxycodone.
3 p. Oxymorphone.
4 q. Thebaine.
5 2. Any salt, compound, derivative, or preparation of a
6 substance which is chemically equivalent to or identical with
7 any of the substances referred to in subparagraph 1., except
8 that these substances shall not include the isoquinoline
9 alkaloids of opium.
10 3. Any part of the plant of the species Papaver
11 somniferum, L.
12 4. Cocaine or ecgonine, including any of their
13 stereoisomers, and any salt, compound, derivative, or
14 preparation of cocaine or ecgonine.
15 5. Dronabinol (synthetic THC) in sesame oil and
16 encapsulated in a soft gelatin capsule in a U.S. Food and Drug
17 Administration approved drug product.
18 6. Gamma-hydroxy-butyrate (GHB).
19 (4) SCHEDULE IV.--A substance in Schedule IV has a low
20 potential for abuse relative to the substances in Schedule III
21 and has a currently accepted medical use in treatment in the
22 United States, and abuse of the substance may lead to limited
23 physical or psychological dependence relative to the
24 substances in Schedule III. Unless specifically excepted or
25 unless listed in another schedule, any material, compound,
26 mixture, or preparation which contains any quantity of the
27 following substances, including its salts, isomers, and salts
28 of isomers whenever the existence of such salts, isomers, and
29 salts of isomers is possible within the specific chemical
30 designation, are controlled in Schedule IV:
31 (a) Alprazolam.
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Bill No. SB 92
Amendment No.
1 (b) Barbital.
2 (c) Bromazepam.
3 (d) Camazepam.
4 (e) Cathine.
5 (f) Chloral betaine.
6 (g) Chloral hydrate.
7 (h) Chlordiazepoxide.
8 (i) Clobazam.
9 (j) Clonazepam.
10 (k) Clorazepate.
11 (l) Clotiazepam.
12 (m) Cloxazolam.
13 (n) Delorazepam.
14 (o) Dextropropoxyphene (dosage forms).
15 (p) Diazepam.
16 (q) Diethylpropion.
17 (r) Estazolam.
18 (s) Ethchlorvynol.
19 (t) Ethinamate.
20 (u) Ethyl loflazepate.
21 (v) Fencamfamin.
22 (w) Fenfluramine.
23 (x)(w) Fenproporex.
24 (y)(x) Fludiazepam.
25 (y) Flunitrazepam.
26 (z) Flurazepam.
27 (aa) Halazepam.
28 (bb) Haloxazolam.
29 (cc) Ketazolam.
30 (dd) Loprazolam.
31 (ee) Lorazepam.
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SENATE AMENDMENT
Bill No. SB 92
Amendment No.
1 (ff) Lormetazepam.
2 (gg) Mazindol.
3 (hh) Mebutamate.
4 (ii) Medazepam.
5 (jj) Mefenorex.
6 (kk) Meprobamate.
7 (ll) Methohexital.
8 (mm) Methylphenobarbital.
9 (nn) Midazolam.
10 (oo) Nimetazepam.
11 (pp) Nitrazepam.
12 (qq) Nordiazepam.
13 (rr) Oxazepam.
14 (ss) Oxazolam.
15 (tt) Paraldehyde.
16 (uu) Pemoline.
17 (vv) Pentazocine.
18 (ww) Phenobarbital.
19 (xx) Phentermine.
20 (yy) Pinazepam.
21 (zz) Pipradrol.
22 (aaa) Prazepam.
23 (bbb) Propylhexedrine, excluding any patent or
24 proprietary preparation containing propylhexedrine, unless
25 otherwise provided by federal law.
26 (ccc) Quazepam.
27 (ddd) Tetrazepam.
28 (eee) SPAÆ(-)-1 dimethylamino-1, 2 diphenylethaneº.
29 (fff) Temazepam.
30 (ggg) Triazolam.
31 (hhh) Not more than 1 milligram of difenoxin and not
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SENATE AMENDMENT
Bill No. SB 92
Amendment No.
1 less than 25 micrograms of atropine sulfate per dosage unit.
2 Section 2. Section 893.13, Florida Statutes, 1996
3 Supplement, is reenacted, and paragraph (b) of subsection (1),
4 paragraph (b) of subsection (2), paragraph (c) of subsection
5 (6), and subsection (12) of said section are amended, to read:
6 893.13 Prohibited acts; penalties.--
7 (1)(a) Except as authorized by this chapter and
8 chapter 499, it is unlawful for any person to sell,
9 manufacture, or deliver, or possess with intent to sell,
10 manufacture, or deliver, a controlled substance. Any person
11 who violates this provision with respect to:
12 1. A controlled substance named or described in s.
13 893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b) commits a
14 felony of the second degree, punishable as provided in s.
15 775.082, s. 775.083, or s. 775.084.
16 2. A controlled substance named or described in s.
17 893.03(1)(c), (2)(c), (3), or (4) commits a felony of the
18 third degree, punishable as provided in s. 775.082, s.
19 775.083, or s. 775.084.
20 3. A controlled substance named or described in s.
21 893.03(5) commits a misdemeanor of the first degree,
22 punishable as provided in s. 775.082 or s. 775.083.
23 (b) Except as provided in this chapter, it is unlawful
24 to sell or deliver in excess of 10 grams of any substance
25 named or described in s. 893.03(1)(a) or (1)(b), or any
26 mixture containing any substance named or described in s.
27 893.03(1)(a) or (1)(b), or any combination thereof. Any person
28 who violates this paragraph commits a felony of the first
29 degree, punishable as provided in s. 775.082, s. 775.083, or
30 s. 775.084.
31 (c) Except as authorized by this chapter, it is
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Bill No. SB 92
Amendment No.
1 unlawful for any person to sell, manufacture, or deliver, or
2 possess with intent to sell, manufacture, or deliver a
3 controlled substance in, on, or within 1,000 feet of the real
4 property comprising a public or private elementary, middle, or
5 secondary school between the hours of 6 a.m. and 12 a.m. Any
6 person who violates this paragraph with respect to:
7 1. A controlled substance named or described in s.
8 893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b) commits a
9 felony of the first degree, punishable as provided in s.
10 775.082, s. 775.083, or s. 775.084 and must be sentenced to a
11 minimum term of imprisonment of 3 calendar years.
12 2. A controlled substance named or described in s.
13 893.03(1)(c), (2)(c), (3), or (4) commits a felony of the
14 second degree, punishable as provided in s. 775.082, s.
15 775.083, or s. 775.084.
16 3. Any other controlled substance, except as lawfully
17 sold, manufactured, or delivered, must be sentenced to pay a
18 $500 fine and to serve 100 hours of public service in addition
19 to any other penalty prescribed by law.
20 (d) Except as authorized by this chapter, it is
21 unlawful for any person to sell, manufacture, or deliver, or
22 possess with intent to sell, manufacture, or deliver, a
23 controlled substance in, on, or within 200 feet of the real
24 property comprising a public housing facility, within 200 feet
25 of the real property comprising a public or private college,
26 university, or other postsecondary educational institution, or
27 within 200 feet of any public park. Any person who violates
28 this paragraph with respect to:
29 1. A controlled substance named or described in s.
30 893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b) commits a
31 felony of the first degree, punishable as provided in s.
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Bill No. SB 92
Amendment No.
1 775.082, s. 775.083, or s. 775.084.
2 2. A controlled substance named or described in s.
3 893.03(1)(c), (2)(c), (3), or (4) commits a felony of the
4 second degree, punishable as provided in s. 775.082, s.
5 775.083, or s. 775.084.
6 3. Any other controlled substance, except as lawfully
7 sold, manufactured, or delivered, must be sentenced to pay a
8 $500 fine and to serve 100 hours of public service in addition
9 to any other penalty prescribed by law.
10 (2)(a) Except as authorized by this chapter and
11 chapter 499, it is unlawful for any person to purchase, or
12 possess with intent to purchase, a controlled substance. Any
13 person who violates this provision with respect to:
14 1. A controlled substance named or described in s.
15 893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b) commits a
16 felony of the second degree, punishable as provided in s.
17 775.082, s. 775.083, or s. 775.084.
18 2. A controlled substance named or described in s.
19 893.03(1)(c), (2)(c), (3), or (4) commits a felony of the
20 third degree, punishable as provided in s. 775.082, s.
21 775.083, or s. 775.084.
22 3. A controlled substance named or described in s.
23 893.03(5) commits a misdemeanor of the first degree,
24 punishable as provided in s. 775.082 or s. 775.083.
25 (b) Except as provided in this chapter, it is unlawful
26 to purchase in excess of 10 grams of any substance named or
27 described in s. 893.03(1)(a) or (1)(b), or any mixture
28 containing any substance named or described in s. 893.03(1)(a)
29 or (1)(b), or any combination thereof. Any person who
30 violates this paragraph commits a felony of the first degree,
31 punishable as provided in s. 775.082, s. 775.083, or s.
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SENATE AMENDMENT
Bill No. SB 92
Amendment No.
1 775.084.
2 (3) Any person who delivers, without consideration,
3 not more than 20 grams of cannabis, as defined in this
4 chapter, commits a misdemeanor of the first degree, punishable
5 as provided in s. 775.082 or s. 775.083. For the purposes of
6 this paragraph, "cannabis" does not include the resin
7 extracted from the plants of the genus Cannabis or any
8 compound manufacture, salt, derivative, mixture, or
9 preparation of such resin.
10 (4) Except as authorized by this chapter, it is
11 unlawful for any person 18 years of age or older to deliver
12 any controlled substance to a person under the age of 18
13 years, or to use or hire a person under the age of 18 years as
14 an agent or employee in the sale or delivery of such a
15 substance, or to use such person to assist in avoiding
16 detection or apprehension for a violation of this chapter.
17 Any person who violates this provision with respect to:
18 (a) A controlled substance named or described in s.
19 893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b) commits a
20 felony of the first degree, punishable as provided in s.
21 775.082, s. 775.083, or s. 775.084.
22 (b) A controlled substance named or described in s.
23 893.03(1)(c), (2)(c), (3), or (4) commits a felony of the
24 second degree, punishable as provided in s. 775.082, s.
25 775.083, or s. 775.084.
26
27 Imposition of sentence may not be suspended or deferred, nor
28 shall the person so convicted be placed on probation.
29 (5) It is unlawful for any person to bring into this
30 state any controlled substance unless the possession of such
31 controlled substance is authorized by this chapter or unless
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Bill No. SB 92
Amendment No.
1 such person is licensed to do so by the appropriate federal
2 agency. Any person who violates this provision with respect
3 to:
4 (a) A controlled substance named or described in s.
5 893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b) commits a
6 felony of the second degree, punishable as provided in s.
7 775.082, s. 775.083, or s. 775.084.
8 (b) A controlled substance named or described in s.
9 893.03(1)(c), (2)(c), (3), or (4) commits a felony of the
10 third degree, punishable as provided in s. 775.082, s.
11 775.083, or s. 775.084.
12 (c) A controlled substance named or described in s.
13 893.03(5) commits a misdemeanor of the first degree,
14 punishable as provided in s. 775.082 or s. 775.083.
15 (6)(a) It is unlawful for any person to be in actual
16 or constructive possession of a controlled substance unless
17 such controlled substance was lawfully obtained from a
18 practitioner or pursuant to a valid prescription or order of a
19 practitioner while acting in the course of his professional
20 practice or to be in actual or constructive possession of a
21 controlled substance except as otherwise authorized by this
22 chapter. Any person who violates this provision commits a
23 felony of the third degree, punishable as provided in s.
24 775.082, s. 775.083, or s. 775.084.
25 (b) If the offense is the possession of not more than
26 20 grams of cannabis, as defined in this chapter, the person
27 commits a misdemeanor of the first degree, punishable as
28 provided in s. 775.082 or s. 775.083. For the purposes of
29 this subsection, "cannabis" does not include the resin
30 extracted from the plants of the genus Cannabis, or any
31 compound manufacture, salt, derivative, mixture, or
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Bill No. SB 92
Amendment No.
1 preparation of such resin.
2 (c) Except as provided in this chapter, it is unlawful
3 to possess in excess of 10 grams of any substance named or
4 described in s. 893.03(1)(a) or (1)(b), or any mixture
5 containing any substance named or described in s. 893.03(1)(a)
6 or (1)(b), or any combination thereof. Any person who
7 violates this paragraph commits a felony of the first degree,
8 punishable as provided in s. 775.082, s. 775.083, or s.
9 775.084.
10 (d) Notwithstanding any provision to the contrary of
11 the laws of this state relating to arrest, a law enforcement
12 officer may arrest without warrant any person who the officer
13 has probable cause to believe is violating the provisions of
14 this chapter relating to possession of cannabis.
15 (7)(a) It is unlawful for any person:
16 1. To distribute or dispense a controlled substance in
17 violation of this chapter.
18 2. To refuse or fail to make, keep, or furnish any
19 record, notification, order form, statement, invoice, or
20 information required under this chapter.
21 3. To refuse an entry into any premises for any
22 inspection or to refuse to allow any inspection authorized by
23 this chapter.
24 4. To distribute a controlled substance named or
25 described in s. 893.03(1) or (2) except pursuant to an order
26 form as required by s. 893.06.
27 5. To keep or maintain any store, shop, warehouse,
28 dwelling, building, vehicle, boat, aircraft, or other
29 structure or place which is resorted to by persons using
30 controlled substances in violation of this chapter for the
31 purpose of using these substances, or which is used for
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Bill No. SB 92
Amendment No.
1 keeping or selling them in violation of this chapter.
2 6. To use to his or her own personal advantage, or to
3 reveal, any information obtained in enforcement of this
4 chapter except in a prosecution or administrative hearing for
5 a violation of this chapter.
6 7. To withhold information from a practitioner from
7 whom the person seeks to obtain a controlled substance or a
8 prescription for a controlled substance that the person has
9 received a controlled substance or a prescription for a
10 controlled substance of like therapeutic use from another
11 practitioner within the last 30 days.
12 8. To possess a prescription form which has not been
13 completed and signed by the practitioner whose name appears
14 printed thereon, unless the person is that practitioner, is an
15 agent or employee of that practitioner, is a pharmacist, or is
16 a supplier of prescription forms who is authorized by that
17 practitioner to possess those forms.
18 9. To acquire or obtain, or attempt to acquire or
19 obtain, possession of a controlled substance by
20 misrepresentation, fraud, forgery, deception, or subterfuge.
21 10. To affix any false or forged label to a package or
22 receptacle containing a controlled substance.
23 11. To furnish false or fraudulent material
24 information in, or omit any material information from, any
25 report or other document required to be kept or filed under
26 this chapter or any record required to be kept by this
27 chapter.
28 (b) Any person who violates the provisions of
29 subparagraphs (a)1.-8. commits a misdemeanor of the first
30 degree, punishable as provided in s. 775.082 or s. 775.083;
31 except that, upon a second or subsequent violation, the person
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Bill No. SB 92
Amendment No.
1 commits a felony of the third degree, punishable as provided
2 in s. 775.082, s. 775.083, or s. 775.084.
3 (c) Any person who violates the provisions of
4 subparagraphs (a)9.-11. commits a felony of the third degree,
5 punishable as provided in s. 775.082, s. 775.083, or s.
6 775.084.
7 (8) Notwithstanding any provision to the contrary of
8 the laws of this state:
9 (a) The court may assess for alcohol and other drug
10 abuse programs as provided in s. 893.165 any defendant who
11 pleads guilty or nolo contendere to, or is convicted of, a
12 violation of any provision of this chapter or which involves a
13 criminal violation of s. 316.193, s. 856.011, s. 856.015, or
14 chapter 562, chapter 567, or chapter 568, in addition to any
15 fine and other penalty provided by law, an amount up to the
16 amount of the fine authorized for the violation.
17 (b) The court may assess any defendant who pleads
18 guilty or nolo contendere to, or is convicted of, a violation
19 of any provision of this section, without regard to whether
20 adjudication was withheld, in addition to any fine and other
21 penalty provided or authorized by law, an amount of $100, to
22 be paid to the clerk of the court, who shall forward it to the
23 Operating Trust Fund of the Department of Law Enforcement to
24 be used by the statewide criminal analysis laboratory system
25 for the purposes specified in s. 943.361.
26
27 The court is authorized to order a defendant to pay an
28 additional assessment if it finds that the defendant has the
29 ability to pay the fine and the additional assessment and will
30 not be prevented thereby from being rehabilitated or from
31 making restitution.
17
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SENATE AMENDMENT
Bill No. SB 92
Amendment No.
1 (9) The provisions of subsections (1) through (7) are
2 not applicable to the delivery to, or actual or constructive
3 possession for medical or scientific use or purpose only of
4 controlled substances by, persons included in any of the
5 following classes, or the agents or employees of such persons,
6 for use in the usual course of their business or profession or
7 in the performance of their official duties:
8 (a) Pharmacists.
9 (b) Practitioners.
10 (c) Persons who procure controlled substances in good
11 faith and in the course of professional practice only, by or
12 under the supervision of pharmacists or practitioners employed
13 by them, or for the purpose of lawful research, teaching, or
14 testing, and not for resale.
15 (d) Hospitals that procure controlled substances for
16 lawful administration by practitioners, but only for use by or
17 in the particular hospital.
18 (e) Officers or employees of state, federal, or local
19 governments acting in their official capacity only, or
20 informers acting under their jurisdiction.
21 (f) Common carriers.
22 (g) Manufacturers, wholesalers, and distributors.
23 (h) Law enforcement officers for bona fide law
24 enforcement purposes in the course of an active criminal
25 investigation.
26 (10) Notwithstanding any provision of the sentencing
27 guidelines to the contrary, on or after October 1, 1993, any
28 defendant who:
29 (a) Violates subparagraph (1)(a)1., subparagraph
30 (1)(c)2., subparagraph (1)(d)2., subparagraph (2)(a)1., or
31 paragraph (5)(a); and
18
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SENATE AMENDMENT
Bill No. SB 92
Amendment No.
1 (b) Has not previously been convicted, regardless of
2 whether adjudication was withheld, of any felony, other than a
3 violation of subparagraph (1)(a)1., subparagraph (1)(c)2.,
4 subparagraph (1)(d)2., subparagraph (2)(a)1., or paragraph
5 (5)(a),
6
7 may be required by the court to successfully complete a term
8 of probation pursuant to the terms and conditions set forth in
9 s. 948.034(1), in lieu of serving a term of imprisonment.
10 (11) Notwithstanding any provision of the sentencing
11 guidelines to the contrary, on or after January 1, 1994, any
12 defendant who:
13 (a) Violates subparagraph (1)(a)2., subparagraph
14 (2)(a)2., paragraph (5)(b), or paragraph (6)(a); and
15 (b) Has not previously been convicted, regardless of
16 whether adjudication was withheld, of any felony, other than a
17 violation of subparagraph (1)(a)2., subparagraph (2)(a)2.,
18 paragraph (5)(b), or paragraph (6)(a),
19
20 may be required by the court to successfully complete a term
21 of probation pursuant to the terms and conditions set forth in
22 s. 948.034(2), in lieu of serving a term of imprisonment.
23 (12) Notwithstanding any provision of the laws of this
24 state to the contrary, any unauthorized activity under this
25 section which involves flunitrazepam shall be subject to the
26 same penalties as are provided for in this section for
27 violations involving controlled substances named or described
28 in s. 893.03(1)(a).
29 Section 3. Paragraph (g) is added to subsection (1) of
30 section 893.135, Florida Statutes, 1996 Supplement, to read:
31 893.135 Trafficking; mandatory sentences; suspension
19
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SENATE AMENDMENT
Bill No. SB 92
Amendment No.
1 or reduction of sentences; conspiracy to engage in
2 trafficking.--
3 (1) Except as authorized in this chapter or in chapter
4 499 and notwithstanding the provisions of s. 893.13:
5 (g)1. Any person who knowingly sells, purchases,
6 manufactures, delivers, or brings into this state, or who is
7 knowingly in actual or constructive possession of, 4 grams or
8 more of flunitrazepam or any mixture containing flunitrazepam
9 as described in s. 893.03(1)(a) commits a felony of the first
10 degree, which felony shall be known as "trafficking in
11 flunitrazepam." If the quantity involved:
12 a. Is 4 grams or more but less than 14 grams, such
13 person shall be sentenced pursuant to the sentencing
14 guidelines and pay a fine of $50,000.
15 b. Is 14 grams or more but less than 28 grams, such
16 person shall be sentenced pursuant to the sentencing
17 guidelines and pay a fine of $100,000.
18 c. Is 28 grams or more but less than 30 kilograms,
19 such person shall be sentenced to a mandatory minimum term of
20 imprisonment of 25 calendar years and pay a fine of $500,000.
21 2. Any person who knowingly sells, purchases,
22 manufactures, delivers, or brings into this state or who is
23 knowingly in actual or constructive possession of 30 kilograms
24 or more of flunitrazepam or any mixture containing
25 flunitrazepam as described in s. 893.03(1)(a) commits the
26 first degree felony of trafficking in flunitrazepam. A person
27 who has been convicted of the first degree felony of
28 trafficking in flunitrazepam under this subparagraph shall be
29 punished by life imprisonment and is ineligible for any form
30 of discretionary early release except pardon or executive
31 clemency or conditional medical release under s. 947.149.
20
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SENATE AMENDMENT
Bill No. SB 92
Amendment No.
1 However, if the court determines that, in addition to
2 committing any act specified in this paragraph:
3 a. The person intentionally killed an individual or
4 counseled, commanded, induced, procured, or caused the
5 intentional killing of an individual and such killing was the
6 result; or
7 b. The person's conduct in committing that act led to
8 a natural, though not inevitable, lethal result,
9
10 such person commits the capital felony of trafficking in
11 flunitrazepam, punishable as provided in ss. 775.082 and
12 921.142. Any person sentenced for a capital felony under this
13 paragraph shall also be sentenced to pay the maximum fine
14 provided under subparagraph 1.
15 Section 4. Paragraphs (g) and (h) of subsection (3) of
16 section 921.0012, Florida Statutes, 1996 Supplement, are
17 amended to read:
18 921.0012 Sentencing guidelines offense levels; offense
19 severity ranking chart.--
20 (3) OFFENSE SEVERITY RANKING CHART
21 Florida Felony
22 Statute Degree Description
23
24 (g) LEVEL 7
25 316.193(3)(c)2. 3rd DUI resulting in serious bodily
26 injury.
27 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
28 bodily injury.
29 409.920(2) 3rd Medicaid provider fraud.
30 494.0018(2) 1st Conviction of any violation of
31 ss. 494.001-494.0077 in which the
21
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SENATE AMENDMENT
Bill No. SB 92
Amendment No.
1 total money and property
2 unlawfully obtained exceeded
3 $50,000 and there were five or
4 more victims.
5 782.07(1) 2nd Killing of a human being by the
6 act, procurement, or culpable
7 negligence of another
8 (manslaughter).
9 782.071(1) 3rd Killing of human being by the
10 operation of a motor vehicle in a
11 reckless manner (vehicular
12 homicide).
13 782.072(1) 3rd Killing of a human being by the
14 operation of a vessel in a
15 reckless manner (vessel
16 homicide).
17 784.045(1)(a)1. 2nd Aggravated battery; intentionally
18 causing great bodily harm or
19 disfigurement.
20 784.045(1)(a)2. 2nd Aggravated battery; using deadly
21 weapon.
22 784.045(1)(b) 2nd Aggravated battery; perpetrator
23 aware victim pregnant.
24 784.048(4) 3rd Aggravated stalking; violation of
25 injunction or court order.
26 784.07(2)(d) 1st Aggravated battery on law
27 enforcement officer.
28 784.08(2)(a) 1st Aggravated battery on a person 65
29 years of age or older.
30 784.081(1) 1st Aggravated battery on specified
31 official or employee.
22
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SENATE AMENDMENT
Bill No. SB 92
Amendment No.
1 784.082(1) 1st Aggravated battery by detained
2 person on visitor or other
3 detainee.
4 790.07(4) 1st Specified weapons violation
5 subsequent to previous conviction
6 of s. 790.07(1) or (2).
7 790.16(1) 1st Discharge of a machine gun under
8 specified circumstances.
9 796.03 2nd Procuring any person under 16
10 years for prostitution.
11 800.04 2nd Handle, fondle, or assault child
12 under 16 years in lewd,
13 lascivious, or indecent manner.
14 806.01(2) 2nd Maliciously damage structure by
15 fire or explosive.
16 810.02(3)(a) 2nd Burglary of occupied dwelling;
17 unarmed; no assault or battery.
18 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
19 unarmed; no assault or battery.
20 810.02(3)(d) 2nd Burglary of occupied conveyance;
21 unarmed; no assault or battery.
22 812.014(2)(a) 1st Property stolen, valued at
23 $100,000 or more; property stolen
24 while causing other property
25 damage; 1st degree grand theft.
26 812.019(2) 1st Stolen property; initiates,
27 organizes, plans, etc., the theft
28 of property and traffics in
29 stolen property.
30 812.133(2)(b) 1st Carjacking; no firearm, deadly
31 weapon, or other weapon.
23
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SENATE AMENDMENT
Bill No. SB 92
Amendment No.
1 825.102(3)(b) 2nd Neglecting an elderly person or
2 disabled adult causing great
3 bodily harm, disability, or
4 disfigurement.
5 825.1025(2) 2nd Lewd or lascivious battery upon
6 an elderly person or disabled
7 adult.
8 825.103(2)(b) 2nd Exploiting an elderly person or
9 disabled adult and property is
10 valued at $20,000 or more, but
11 less than $100,000.
12 827.03(3)(b) 2nd Neglect of a child causing great
13 bodily harm, disability, or
14 disfigurement.
15 827.04(4) 3rd Impregnation of a child under 16
16 years of age by person 21 years
17 of age or older.
18 872.06 2nd Abuse of a dead human body.
19 893.13(1)(c)1. 1st Sell, manufacture, or deliver
20 cocaine (or other s.
21 893.03(1)(a), (1)(b), (1)(d),
22 (2)(a), or (2)(b) drugs) within
23 1,000 feet of a school.
24 893.13(4)(a) 1st Deliver to minor cocaine (or
25 other s. 893.03(1)(a), (1)(b),
26 (1)(d), (2)(a), or (2)(b) drugs).
27 893.135(1)(a)1. 1st Trafficking in cannabis, more
28 than 50 lbs., less than 2,000
29 lbs.
30 893.135
31 (1)(b)1.a. 1st Trafficking in cocaine, more than
24
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SENATE AMENDMENT
Bill No. SB 92
Amendment No.
1 28 grams, less than 200 grams.
2 893.135
3 (1)(c)1.a. 1st Trafficking in illegal drugs,
4 more than 4 grams, less than 14
5 grams.
6 893.135
7 (1)(d)1. 1st Trafficking in phencyclidine,
8 more than 28 grams, less than 200
9 grams.
10 893.135(1)(e)1. 1st Trafficking in methaqualone, more
11 than 200 grams, less than 5
12 kilograms.
13 893.135(1)(f)1. 1st Trafficking in amphetamine, more
14 than 14 grams, less than 28
15 grams.
16 893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4
17 grams or more, less than 14
18 grams.
19
20 (h) LEVEL 8
21 316.193
22 (3)(c)3.a. 2nd DUI manslaughter.
23 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
24 777.03(2)(a) 1st Accessory after the fact, capital
25 felony.
26 782.04(4) 2nd Killing of human without design
27 when engaged in act or attempt of
28 any felony other than arson,
29 sexual battery, robbery,
30 burglary, kidnapping, aircraft
31 piracy, or unlawfully discharging
25
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SENATE AMENDMENT
Bill No. SB 92
Amendment No.
1 bomb.
2 782.071(2) 2nd Committing vehicular homicide and
3 failing to render aid or give
4 information.
5 782.072(2) 2nd Committing vessel homicide and
6 failing to render aid or give
7 information.
8 790.161(3) 1st Discharging a destructive device
9 which results in bodily harm or
10 property damage.
11 794.011(5) 2nd Sexual battery, victim 12 years
12 or over, offender does not use
13 physical force likely to cause
14 serious injury.
15 806.01(1) 1st Maliciously damage dwelling or
16 structure by fire or explosive,
17 believing person in structure.
18 810.02(2)(a) 1st,PBL Burglary with assault or battery.
19 810.02(2)(b) 1st,PBL Burglary; armed with explosives
20 or dangerous weapon.
21 810.02(2)(c) 1st Burglary of a dwelling or
22 structure causing structural
23 damage or $1,000 or more property
24 damage.
25 812.13(2)(b) 1st Robbery with a weapon.
26 812.135(2) 1st Home-invasion robbery.
27 825.102(2) 2nd Aggravated abuse of an elderly
28 person or disabled adult.
29 825.103(2)(a) 1st Exploiting an elderly person or
30 disabled adult and property is
31 valued at $100,000 or more.
26
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SENATE AMENDMENT
Bill No. SB 92
Amendment No.
1 827.03(2) 2nd Aggravated child abuse.
2 860.121(2)(c) 1st Shooting at or throwing any
3 object in path of railroad
4 vehicle resulting in great bodily
5 harm.
6 860.16 1st Aircraft piracy.
7 893.13(1)(b) 1st Sell or deliver in excess of 10
8 grams of any substance specified
9 in s. 893.03(1)(a) or (b).
10 893.13(2)(b) 1st Purchase in excess of 10 grams of
11 any substance specified in s.
12 893.03(1)(a) or (b).
13 893.13(6)(c) 1st Possess in excess of 10 grams of
14 any substance specified in s.
15 893.03(1)(a) or (b).
16 893.135(1)(a)2. 1st Trafficking in cannabis, more
17 than 2,000 lbs., less than 10,000
18 lbs.
19 893.135
20 (1)(b)1.b. 1st Trafficking in cocaine, more than
21 200 grams, less than 400 grams.
22 893.135
23 (1)(c)1.b. 1st Trafficking in illegal drugs,
24 more than 14 grams, less than 28
25 grams.
26 893.135(1)(d)2. 1st Trafficking in phencyclidine,
27 more than 200 grams, less than
28 400 grams.
29 893.135(1)(e)2. 1st Trafficking in methaqualone, more
30 than 5 kilograms, less than 25
31 kilograms.
27
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SENATE AMENDMENT
Bill No. SB 92
Amendment No.
1 893.135(1)(f)2. 1st Trafficking in amphetamine, more
2 than 28 grams, less than 200
3 grams.
4 893.135 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14
5 grams or more, less than 28
6 grams.
7 895.03(1) 1st Use or invest proceeds derived
8 from pattern of racketeering
9 activity.
10 895.03(2) 1st Acquire or maintain through
11 racketeering activity any
12 interest in or control of any
13 enterprise or real property.
14 895.03(3) 1st Conduct or participate in any
15 enterprise through pattern of
16 racketeering activity.
17 Section 5. This act shall take effect July 1, 1997.
18
19
20 ================ T I T L E A M E N D M E N T ===============
21 And the title is amended as follows:
22 Delete everything before the enacting clause
23
24 and insert:
25 A bill to be entitled
26 An act relating to controlled substances;
27 amending s. 893.03, F.S.; adding flunitrazepam,
28 alpha-ethyltryptamine,
29 2-amino-5-phenyl-2-oxazoline, 4-bromo-2,
30 5-dimethoxyphenethylamine, and methcathinone to
31 the list of Schedule I controlled substances;
28
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SENATE AMENDMENT
Bill No. SB 92
Amendment No.
1 adding gamma-hydroxy-butyrate to the list of
2 Schedule II controlled substances; adding
3 fenfluramine to Schedule IV; eliminating
4 flunitrazepam from the list of Schedule IV
5 controlled substances; amending s. 893.13,
6 F.S.; eliminating language with respect to
7 penalties for the use of flunitrazepam;
8 revising language with respect to combinations
9 of certain controlled substances; amending s.
10 893.135, F.S.; providing penalties for
11 trafficking in flunitrazepam; amending s.
12 921.0012, F.S.; conforming the sentencing
13 guidelines to the act; providing an effective
14 date.
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
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