Senate Bill 0152c1
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    Florida Senate - 1999                            CS for SB 152
    By the Committee on Criminal Justice and Senators Brown-Waite,
    Sullivan, Cowin, Klein, Bronson, Horne, Clary, McKay, Forman,
    Holzendorf, Latvala, Childers, Grant and Sebesta
    307-642-99
  1                      A bill to be entitled
  2         An act relating to controlled substances;
  3         amending s. 893.03, F.S., relating to
  4         scheduling of controlled substances for the
  5         purpose of penalizing unlawful acts involving
  6         controlled substances; deleting references to
  7         dextropropoxyphene in its nondosage forms from
  8         Schedule II; adding references to propoxyphene
  9         in its nondosage forms to Schedule II; deleting
10         references to gamma-hydroxy-butyrate from
11         Schedule II; adding references to
12         gamma-hydroxybutyric acid to Schedule II;
13         adding references to ketamine to Schedule III;
14         deleting references to dextropropoxyphene in
15         its dosage forms from Schedule IV; adding
16         references to propoxyphene in its dosage forms
17         to Schedule IV; reenacting ss. 39.01(30)(a) and
18         (g), 440.102(11)(b), 458.326(3), 465.035(2),
19         766.101(3)(a), 817.563, 831.31, 856.015(1)(d),
20         893.02(4), 893.0356(2)(a), 893.08(1)(b),
21         893.12(2)(b), (c), and (d), 893.13(1), (2)(a),
22         (4), (5)(a) and (b), and (7), and
23         921.0022(3)(b), (c), (d), (e), and (g), F.S.,
24         relating to child welfare, drug-free-workplace
25         requirements, authorized medical treatment, the
26         sale or possession of controlled substances,
27         contraband, prohibited acts with respect to the
28         sale and possession of controlled substances,
29         and the Criminal Punishment Code, to
30         incorporate the amendments to s. 893.03, F.S.,
31         in cross-references; amending s. 893.035, F.S.,
                                  1
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  1         relating to the delegation of authority to the
  2         Attorney General to control substances by rule;
  3         conforming terminology to reflect the
  4         reorganization of the Department of Business
  5         and Professional Regulation and the creation of
  6         the Department of Health; providing an
  7         effective date.
  8
  9  Be It Enacted by the Legislature of the State of Florida:
10
11         Section 1.  Subsections (2), (3), and (4) of section
12  893.03, Florida Statutes, are amended to read:
13         893.03  Standards and schedules.--The substances
14  enumerated in this section are controlled by this chapter.
15  The controlled substances listed or to be listed in Schedules
16  I, II, III, IV, and V are included by whatever official,
17  common, usual, chemical, or trade name designated.  The
18  provisions of this section shall not be construed to include
19  within any of the schedules contained in this section any
20  excluded drugs listed within the purview of 21 C.F.R. s.
21  1308.22, styled "Excluded Substances"; 21 C.F.R. s. 1308.24,
22  styled "Exempt Chemical Preparations"; 21 C.F.R. s. 1308.32,
23  styled "Exempted Prescription Products"; or 21 C.F.R. s.
24  1308.34, styled "Exempt Anabolic Steroid Products."
25         (2)  SCHEDULE II.--A substance in Schedule II has a
26  high potential for abuse and has a currently accepted but
27  severely restricted medical use in treatment in the United
28  States, and abuse of the substance may lead to severe
29  psychological or physical dependence.  The following
30  substances are controlled in Schedule II:
31
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  1         (a)  Unless specifically excepted or unless listed in
  2  another schedule, any of the following substances, whether
  3  produced directly or indirectly by extraction from substances
  4  of vegetable origin or independently by means of chemical
  5  synthesis:
  6         1.  Opium and any salt, compound, derivative, or
  7  preparation of opium, except nalmefene or isoquinoline
  8  alkaloids of opium, including, but not limited to the
  9  following:
10         a.  Raw opium.
11         b.  Opium extracts.
12         c.  Opium fluid extracts.
13         d.  Powdered opium.
14         e.  Granulated opium.
15         f.  Tincture of opium.
16         g.  Codeine.
17         h.  Ethylmorphine.
18         i.  Etorphine hydrochloride.
19         j.  Hydrocodone.
20         k.  Hydromorphone.
21         l.  Levo-alphacetylmethadol (also known as
22  levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM).
23         m.  Metopon (methyldihydromorphinone).
24         n.  Morphine.
25         o.  Oxycodone.
26         p.  Oxymorphone.
27         q.  Thebaine.
28         2.  Any salt, compound, derivative, or preparation of a
29  substance which is chemically equivalent to or identical with
30  any of the substances referred to in subparagraph 1., except
31
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  1  that these substances shall not include the isoquinoline
  2  alkaloids of opium.
  3         3.  Any part of the plant of the species Papaver
  4  somniferum, L.
  5         4.  Cocaine or ecgonine, including any of their
  6  stereoisomers, and any salt, compound, derivative, or
  7  preparation of cocaine or ecgonine.
  8         5.  Dronabinol (synthetic THC) in sesame oil and
  9  encapsulated in a soft gelatin capsule in a U.S. Food and Drug
10  Administration approved drug product.
11         6.  Gamma-hydroxy-butyrate (GHB).
12         (b)  Unless specifically excepted or unless listed in
13  another schedule, any of the following substances, including
14  their isomers, esters, ethers, salts, and salts of isomers,
15  esters, and ethers, whenever the existence of such isomers,
16  esters, ethers, and salts is possible within the specific
17  chemical designation:
18         1.  Alfentanil.
19         2.  Alphaprodine.
20         3.  Anileridine.
21         4.  Bezitramide.
22         5.  Bulk propoxyphene dextropropoxyphene (nondosage
23  forms).
24         6.  Carfentanil.
25         7.  Dihydrocodeine.
26         8.  Diphenoxylate.
27         9.  Fentanyl.
28         10.  Gamma-hydroxybutyric acid (GHB).
29         11.10.  Isomethadone.
30         12.11.  Levomethorphan.
31         13.12.  Levorphanol.
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  1         14.13.  Metazocine.
  2         15.14.  Methadone.
  3         16.15.  Methadone-Intermediate,4-cyano-2-dimethylamino-
  4  4,4-diphenylbutane.
  5         17.16.  Moramide-Intermediate,2-methyl-3-morpholoino-
  6  1,1-diphenylpropane-carboxylic acid.
  7         18.17.  Nabilone.
  8         19.18.  Pethidine (meperidine).
  9         20.19.  Pethidine-Intermediate-A,4-cyano-1-methyl-
10  4-phenylpiperidine.
11         21.20.  Pethidine-Intermediate-B,ethyl-
12  4-phenylpiperidine-4-carboxylate.
13         22.21.  Pethidine-Intermediate-C,1-methyl-
14  4-phenylpiperidine-4-carboxylic acid.
15         23.22.  Phenazocine.
16         24.23.  Phencyclidine.
17         25.24.  1-Phenylcyclohexylamine.
18         26.25.  Piminodine.
19         27.26.  1-Piperidinocyclohexanecarbonitrile.
20         28.27.  Racemethorphan.
21         29.28.  Racemorphan.
22         30.29.  Sufentanil.
23         (c)  Unless specifically excepted or unless listed in
24  another schedule, any material, compound, mixture, or
25  preparation which contains any quantity of the following
26  substances, including their salts, isomers, optical isomers,
27  salts of their isomers, and salts of their optical isomers:
28         1.  Amobarbital.
29         2.  Amphetamine.
30         3.  Glutethimide.
31         4.  Methamphetamine.
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  1         5.  Methylphenidate.
  2         6.  Pentobarbital.
  3         7.  Phenmetrazine.
  4         8.  Phenylacetone.
  5         9.  Secobarbital.
  6         (3)  SCHEDULE III.--A substance in Schedule III has a
  7  potential for abuse less than the substances contained in
  8  Schedules I and II and has a currently accepted medical use in
  9  treatment in the United States, and abuse of the substance may
10  lead to moderate or low physical dependence or high
11  psychological dependence or, in the case of anabolic steroids,
12  may lead to physical damage.  The following substances are
13  controlled in Schedule III:
14         (a)  Unless specifically excepted or unless listed in
15  another schedule, any material, compound, mixture, or
16  preparation which contains any quantity of the following
17  substances having a depressant or stimulant effect on the
18  nervous system:
19         1.  Any substance which contains any quantity of a
20  derivative of barbituric acid, including thiobarbituric acid,
21  or any salt of a derivative of barbituric acid or
22  thiobarbituric acid, including, but not limited to,
23  butabarbital and butalbital.
24         2.  Benzphetamine.
25         3.  Chlorhexadol.
26         4.  Chlorphentermine.
27         5.  Clortermine.
28         6.  Lysergic acid.
29         7.  Lysergic acid amide.
30         8.  Methyprylon.
31         9.  Phendimetrazine.
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  1         10.  Sulfondiethylmethane.
  2         11.  Sulfonethylmethane.
  3         12.  Sulfonmethane.
  4         13.  Tiletamine and zolazepam or any salt thereof.
  5         (b)  Nalorphine.
  6         (c)  Unless specifically excepted or unless listed in
  7  another schedule, any material, compound, mixture, or
  8  preparation containing limited quantities of any of the
  9  following controlled substances or any salts thereof:
10         1.  Not more than 1.8 grams of codeine per 100
11  milliliters or not more than 90 milligrams per dosage unit,
12  with an equal or greater quantity of an isoquinoline alkaloid
13  of opium.
14         2.  Not more than 1.8 grams of codeine per 100
15  milliliters or not more than 90 milligrams per dosage unit,
16  with recognized therapeutic amounts of one or more active
17  ingredients which are not controlled substances.
18         3.  Not more than 300 milligrams of hydrocodone per 100
19  milliliters or not more than 15 milligrams per dosage unit,
20  with a fourfold or greater quantity of an isoquinoline
21  alkaloid of opium.
22         4.  Not more than 300 milligrams of hydrocodone per 100
23  milliliters or not more than 15 milligrams per dosage unit,
24  with recognized therapeutic amounts of one or more active
25  ingredients which are not controlled substances.
26         5.  Not more than 1.8 grams of dihydrocodeine per 100
27  milliliters or not more than 90 milligrams per dosage unit,
28  with recognized therapeutic amounts of one or more active
29  ingredients which are not controlled substances.
30         6.  Not more than 300 milligrams of ethylmorphine per
31  100 milliliters or not more than 15 milligrams per dosage
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  1  unit, with one or more active, nonnarcotic ingredients in
  2  recognized therapeutic amounts.
  3         7.  Not more than 50 milligrams of morphine per 100
  4  milliliters or per 100 grams, with recognized therapeutic
  5  amounts of one or more active ingredients which are not
  6  controlled substances.
  7         (d)  Anabolic steroids.
  8         1.  The term "anabolic steroid" means any drug or
  9  hormonal substance, chemically and pharmacologically related
10  to testosterone, other than estrogens, progestins, and
11  corticosteroids, that promotes muscle growth and includes:
12         a.  Androsterone.
13         b.  Androsterone acetate.
14         c.  Boldenone.
15         d.  Boldenone acetate.
16         e.  Boldenone benzoate.
17         f.  Boldenone undecylenate.
18         g.  Chlorotestosterone (4-chlortestosterone).
19         h.  Clostebol.
20         i.  Dehydrochlormethyltestosterone.
21         j.  Dihydrotestosterone (4-dihydrotestosterone).
22         k.  Drostanolone.
23         l.  Ethylestrenol.
24         m.  Fluoxymesterone.
25         n.  Formebulone (formebolone).
26         o.  Mesterolone.
27         p.  Methandienone.
28         q.  Methandranone.
29         r.  Methandriol.
30         s.  Methandrostenolone.
31         t.  Methenolone.
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  1         u.  Methyltestosterone.
  2         v.  Mibolerone.
  3         w.  Nandrolone.
  4         x.  Norethandrolone.
  5         y.  Nortestosterone.
  6         z.  Nortestosterone decanoate.
  7         aa.  Nortestosterone phenylpropionate.
  8         bb.  Nortestosterone propionate.
  9         cc.  Oxandrolone.
10         dd.  Oxymesterone.
11         ee.  Oxymetholone.
12         ff.  Stanolone.
13         gg.  Stanozolol.
14         hh.  Testolactone.
15         ii.  Testosterone.
16         jj.  Testosterone acetate.
17         kk.  Testosterone benzoate.
18         ll.  Testosterone cypionate.
19         mm.  Testosterone decanoate.
20         nn.  Testosterone enanthate.
21         oo.  Testosterone isocaproate.
22         pp.  Testosterone oleate.
23         qq.  Testosterone phenylpropionate.
24         rr.  Testosterone propionate.
25         ss.  Testosterone undecanoate.
26         tt.  Trenbolone.
27         uu.  Trenbolone acetate.
28         vv.  Any salt, ester, or isomer of a drug or substance
29  described or listed in this subparagraph if that salt, ester,
30  or isomer promotes muscle growth.
31
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  1         2.  The term does not include an anabolic steroid that
  2  is expressly intended for administration through implants to
  3  cattle or other nonhuman species and that has been approved by
  4  the United States Secretary of Health and Human Services for
  5  such administration.  However, any person who prescribes,
  6  dispenses, or distributes such a steroid for human use is
  7  considered to have prescribed, dispensed, or distributed an
  8  anabolic steroid within the meaning of this paragraph.
  9         (e)  Ketamine, including any isomers, esters, ethers,
10  salts, and salts of isomers, esters, and ethers, whenever the
11  existence of such isomers, esters, ethers, and salts is
12  possible within the specific chemical designation.
13         (4)  SCHEDULE IV.--A substance in Schedule IV has a low
14  potential for abuse relative to the substances in Schedule III
15  and has a currently accepted medical use in treatment in the
16  United States, and abuse of the substance may lead to limited
17  physical or psychological dependence relative to the
18  substances in Schedule III.  Unless specifically excepted or
19  unless listed in another schedule, any material, compound,
20  mixture, or preparation which contains any quantity of the
21  following substances, including its salts, isomers, and salts
22  of isomers whenever the existence of such salts, isomers, and
23  salts of isomers is possible within the specific chemical
24  designation, are controlled in Schedule IV:
25         (a)  Alprazolam.
26         (b)  Barbital.
27         (c)  Bromazepam.
28         (d)  Camazepam.
29         (e)  Cathine.
30         (f)  Chloral betaine.
31         (g)  Chloral hydrate.
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  1         (h)  Chlordiazepoxide.
  2         (i)  Clobazam.
  3         (j)  Clonazepam.
  4         (k)  Clorazepate.
  5         (l)  Clotiazepam.
  6         (m)  Cloxazolam.
  7         (n)  Delorazepam.
  8         (o)  Propoxyphene Dextropropoxyphene (dosage forms).
  9         (p)  Diazepam.
10         (q)  Diethylpropion.
11         (r)  Estazolam.
12         (s)  Ethchlorvynol.
13         (t)  Ethinamate.
14         (u)  Ethyl loflazepate.
15         (v)  Fencamfamin.
16         (w)  Fenfluramine.
17         (x)  Fenproporex.
18         (y)  Fludiazepam.
19         (z)  Flurazepam.
20         (aa)  Halazepam.
21         (bb)  Haloxazolam.
22         (cc)  Ketazolam.
23         (dd)  Loprazolam.
24         (ee)  Lorazepam.
25         (ff)  Lormetazepam.
26         (gg)  Mazindol.
27         (hh)  Mebutamate.
28         (ii)  Medazepam.
29         (jj)  Mefenorex.
30         (kk)  Meprobamate.
31         (ll)  Methohexital.
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  1         (mm)  Methylphenobarbital.
  2         (nn)  Midazolam.
  3         (oo)  Nimetazepam.
  4         (pp)  Nitrazepam.
  5         (qq)  Nordiazepam.
  6         (rr)  Oxazepam.
  7         (ss)  Oxazolam.
  8         (tt)  Paraldehyde.
  9         (uu)  Pemoline.
10         (vv)  Pentazocine.
11         (ww)  Phenobarbital.
12         (xx)  Phentermine.
13         (yy)  Pinazepam.
14         (zz)  Pipradrol.
15         (aaa)  Prazepam.
16         (bbb)  Propylhexedrine, excluding any patent or
17  proprietary preparation containing propylhexedrine, unless
18  otherwise provided by federal law.
19         (ccc)  Quazepam.
20         (ddd)  Tetrazepam.
21         (eee)  SPA[(-)-1 dimethylamino-1, 2 diphenylethane].
22         (fff)  Temazepam.
23         (ggg)  Triazolam.
24         (hhh)  Not more than 1 milligram of difenoxin and not
25  less than 25 micrograms of atropine sulfate per dosage unit.
26         (iii)  Butorphanol tartrate.
27         Section 2.  For the purpose of incorporating the
28  amendments to section 893.03, Florida Statutes, in references
29  thereto, paragraphs (a) and (g) of subsection (30) of section
30  39.01, Florida Statutes, 1998 Supplement, are reenacted to
31  read:
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  1         39.01  Definitions.--When used in this chapter, unless
  2  the context otherwise requires:
  3         (30)  "Harm" to a child's health or welfare can occur
  4  when the parent, legal custodian, or caregiver responsible for
  5  the child's welfare:
  6         (a)  Inflicts or allows to be inflicted upon the child
  7  physical, mental, or emotional injury. In determining whether
  8  harm has occurred, the following factors must be considered in
  9  evaluating any physical, mental, or emotional injury to a
10  child: the age of the child; any prior history of injuries to
11  the child; the location of the injury on the body of the
12  child; the multiplicity of the injury; and the type of trauma
13  inflicted. Such injury includes, but is not limited to:
14         1.  Willful acts that produce the following specific
15  injuries:
16         a.  Sprains, dislocations, or cartilage damage.
17         b.  Bone or skull fractures.
18         c.  Brain or spinal cord damage.
19         d.  Intracranial hemorrhage or injury to other internal
20  organs.
21         e.  Asphyxiation, suffocation, or drowning.
22         f.  Injury resulting from the use of a deadly weapon.
23         g.  Burns or scalding.
24         h.  Cuts, lacerations, punctures, or bites.
25         i.  Permanent or temporary disfigurement.
26         j.  Permanent or temporary loss or impairment of a body
27  part or function.
28
29  As used in this subparagraph, the term "willful" refers to the
30  intent to perform an action, not to the intent to achieve a
31  result or to cause an injury.
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  1         2.  Purposely giving a child poison, alcohol, drugs, or
  2  other substances that substantially affect the child's
  3  behavior, motor coordination, or judgment or that result in
  4  sickness or internal injury.  For the purposes of this
  5  subparagraph, the term "drugs" means prescription drugs not
  6  prescribed for the child or not administered as prescribed,
  7  and controlled substances as outlined in Schedule I or
  8  Schedule II of s. 893.03.
  9         3.  Leaving a child without adult supervision or
10  arrangement appropriate for the child's age or mental or
11  physical condition, so that the child is unable to care for
12  the child's own needs or another's basic needs or is unable to
13  exercise good judgment in responding to any kind of physical
14  or emotional crisis.
15         4.  Inappropriate or excessively harsh disciplinary
16  action that is likely to result in physical injury, mental
17  injury as defined in this section, or emotional injury.  The
18  significance of any injury must be evaluated in light of the
19  following factors:  the age of the child; any prior history of
20  injuries to the child; the location of the injury on the body
21  of the child; the multiplicity of the injury; and the type of
22  trauma inflicted.  Corporal discipline may be considered
23  excessive or abusive when it results in any of the following
24  or other similar injuries:
25         a.  Sprains, dislocations, or cartilage damage.
26         b.  Bone or skull fractures.
27         c.  Brain or spinal cord damage.
28         d.  Intracranial hemorrhage or injury to other internal
29  organs.
30         e.  Asphyxiation, suffocation, or drowning.
31         f.  Injury resulting from the use of a deadly weapon.
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  1         g.  Burns or scalding.
  2         h.  Cuts, lacerations, punctures, or bites.
  3         i.  Permanent or temporary disfigurement.
  4         j.  Permanent or temporary loss or impairment of a body
  5  part or function.
  6         k.  Significant bruises or welts.
  7         (g)  Exposes a child to a controlled substance or
  8  alcohol. Exposure to a controlled substance or alcohol is
  9  established by:
10         1.  Use by the mother of a controlled substance or
11  alcohol during pregnancy when the child, at birth, is
12  demonstrably adversely affected by such usage; or
13         2.  Continued chronic and severe use of a controlled
14  substance or alcohol by a parent when the child is
15  demonstrably adversely affected by such usage.
16
17  As used in this paragraph, the term "controlled substance"
18  means prescription drugs not prescribed for the parent or not
19  administered as prescribed and controlled substances as
20  outlined in Schedule I or Schedule II of s. 893.03.
21         Section 3.  For the purpose of incorporating the
22  amendments to section 893.03, Florida Statutes, in references
23  thereto, paragraph (b) of subsection (11) of section 440.102,
24  Florida Statutes, is reenacted to read:
25         440.102  Drug-free workplace program requirements.--The
26  following provisions apply to a drug-free workplace program
27  implemented pursuant to law or to rules adopted by the Agency
28  for Health Care Administration:
29         (11)  PUBLIC EMPLOYEES IN SAFETY-SENSITIVE OR
30  SPECIAL-RISK POSITIONS.--
31
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  1         (b)  An employee who is employed by a public employer
  2  in a special-risk position may be discharged or disciplined by
  3  a public employer for the first positive confirmed test result
  4  if the drug confirmed is an illicit drug under s. 893.03. A
  5  special-risk employee who is participating in an employee
  6  assistance program or drug rehabilitation program may not be
  7  allowed to continue to work in any special-risk or
  8  safety-sensitive position of the public employer, but may be
  9  assigned to a position other than a safety-sensitive position
10  or placed on leave while the employee is participating in the
11  program. However, the employee shall be permitted to use any
12  accumulated annual leave credits before leave may be ordered
13  without pay.
14         Section 4.  For the purpose of incorporating the
15  amendments to section 893.03, Florida Statutes, in references
16  thereto, subsection (3) of section 458.326, Florida Statutes,
17  is reenacted to read:
18         458.326  Intractable pain; authorized treatment.--
19         (3)  Notwithstanding any other provision of law, a
20  physician may prescribe or administer any controlled substance
21  under Schedules II-V, as provided for in s. 893.03, to a
22  person for the treatment of intractable pain, provided the
23  physician does so in accordance with that level of care,
24  skill, and treatment recognized by a reasonably prudent
25  physician under similar conditions and circumstances.
26         Section 5.  For the purpose of incorporating the
27  amendments to section 893.03, Florida Statutes, in references
28  thereto, subsection (2) of section 465.035, Florida Statutes,
29  is reenacted to read:
30         465.035  Dispensing of medicinal drugs pursuant to
31  facsimile of prescription.--
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  1         (2)  Controlled substances listed in Schedule II as
  2  defined in s. 893.03(2) may be dispensed as provided in this
  3  section to the extent allowed by 21 C.F.R. s. 1306.11.
  4         Section 6.  For the purpose of incorporating the
  5  amendments to section 893.03, Florida Statutes, in references
  6  thereto, paragraph (a) of subsection (3) of section 766.101,
  7  Florida Statutes, 1998 Supplement, is reenacted to read:
  8         766.101  Medical review committee, immunity from
  9  liability.--
10         (3)(a)  There shall be no monetary liability on the
11  part of, and no cause of action for damages shall arise
12  against, any member of a duly appointed medical review
13  committee, or any health care provider furnishing any
14  information, including information concerning the prescribing
15  of substances listed in s. 893.03(2), to such committee, or
16  any person, including any person acting as a witness, incident
17  reporter to, or investigator for, a medical review committee,
18  for any act or proceeding undertaken or performed within the
19  scope of the functions of any such committee if the committee
20  member or health care provider acts without intentional fraud.
21         Section 7.  For the purpose of incorporating the
22  amendments to section 893.03, Florida Statutes, in references
23  thereto, section 817.563, Florida Statutes, is reenacted to
24  read:
25         817.563  Controlled substance named or described in s.
26  893.03; sale of substance in lieu thereof.--It is unlawful for
27  any person to agree, consent, or in any manner offer to
28  unlawfully sell to any person a controlled substance named or
29  described in s. 893.03 and then sell to such person any other
30  substance in lieu of such controlled substance. Any person who
31  violates this section with respect to:
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  1         (1)  A controlled substance named or described in s.
  2  893.03(1), (2), (3), or (4) is guilty of a felony of the third
  3  degree, punishable as provided in s. 775.082, s. 775.083, or
  4  s. 775.084.
  5         (2)  A controlled substance named or described in s.
  6  893.03(5) is guilty of a misdemeanor of the second degree,
  7  punishable as provided in s. 775.082 or s. 775.083.
  8         Section 8.  For the purpose of incorporating the
  9  amendments to section 893.03, Florida Statutes, in references
10  thereto, section 831.31, Florida Statutes, is reenacted to
11  read:
12         831.31  Counterfeit controlled substance; sale,
13  manufacture, delivery, or possession with intent to sell,
14  manufacture, or deliver.--
15         (1)  It is unlawful for any person to sell,
16  manufacture, or deliver, or to possess with intent to sell,
17  manufacture, or deliver, a counterfeit controlled substance.
18  Any person who violates this subsection with respect to:
19         (a)  A controlled substance named or described in s.
20  893.03(1), (2), (3), or (4) is guilty of a felony of the third
21  degree, punishable as provided in s. 775.082, s. 775.083, or
22  s. 775.084.
23         (b)  A controlled substance named or described in s.
24  893.03(5) is guilty of a misdemeanor of the second degree,
25  punishable as provided in s. 775.082 or s. 775.083.
26         (2)  For purposes of this section, "counterfeit
27  controlled substance" means:
28         (a)  A controlled substance named or described in s.
29  893.03 which, or the container or labeling of which, without
30  authorization bears the trademark, trade name, or other
31  identifying mark, imprint, or number, or any likeness thereof,
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  1  of a manufacturer other than the person who in fact
  2  manufactured the controlled substance; or
  3         (b)  Any substance which is falsely identified as a
  4  controlled substance named or described in s. 893.03.
  5         Section 9.  For the purpose of incorporating the
  6  amendments to section 893.03, Florida Statutes, in references
  7  thereto, paragraph (d) of subsection (1) of section 856.015,
  8  Florida Statutes, is reenacted to read:
  9         856.015  Open house parties.--
10         (1)  Definitions.--As used in this section:
11         (d)  "Drug" means a controlled substance, as that term
12  is defined in ss. 893.02(4) and 893.03.
13         Section 10.  For the purpose of incorporating the
14  amendments to section 893.03, Florida Statutes, in references
15  thereto, subsection (4) of section 893.02, Florida Statutes,
16  1998 Supplement, is reenacted to read:
17         893.02  Definitions.--The following words and phrases
18  as used in this chapter shall have the following meanings,
19  unless the context otherwise requires:
20         (4)  "Controlled substance" means any substance named
21  or described in Schedules I through V of s. 893.03.  Laws
22  controlling the manufacture, distribution, preparation,
23  dispensing, or administration of such substances are drug
24  abuse laws.
25         Section 11.  For the purpose of incorporating the
26  amendments to section 893.03, Florida Statutes, in references
27  thereto, paragraph (a) of subsection (2) of section 893.0356,
28  Florida Statutes, is reenacted to read:
29         893.0356  Control of new substances; findings of fact;
30  "controlled substance analog" defined.--
31
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  1         (2)(a)  As used in this section, "controlled substance
  2  analog" means a substance which, due to its chemical structure
  3  and potential for abuse, meets the following criteria:
  4         1.  Is substantially similar to that of a controlled
  5  substance listed in Schedule I or Schedule II of s. 893.03;
  6  and
  7         2.  Has a stimulant, depressant, or hallucinogenic
  8  effect on the central nervous system or is represented or
  9  intended to have a stimulant, depressant, or hallucinogenic
10  effect on the central nervous system substantially similar to
11  or greater than that of a controlled substance listed in
12  Schedule I or Schedule II of s. 893.03.
13         Section 12.  For the purpose of incorporating the
14  amendments to section 893.03, Florida Statutes, in references
15  thereto, paragraph (b) of subsection (1) of section 893.08,
16  Florida Statutes, is reenacted to read:
17         893.08  Exceptions.--
18         (1)  The following may be distributed at retail without
19  a prescription, but only by a registered pharmacist:
20         (b)  Any compound, mixture, or preparation containing
21  any depressant or stimulant substance described in s.
22  893.03(2)(a) or (c) except any amphetamine drug or
23  sympathomimetic amine drug or compound designated as a
24  Schedule II controlled substance pursuant to this chapter; in
25  s. 893.03(3)(a); or in Schedule IV, if:
26         1.  The compound, mixture, or preparation contains one
27  or more active medicinal ingredients not having depressant or
28  stimulant effect on the central nervous system, and
29         2.  Such ingredients are included therein in such
30  combinations, quantity, proportion, or concentration as to
31  vitiate the potential for abuse of the controlled substances
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  1  which do have a depressant or stimulant effect on the central
  2  nervous system.
  3         Section 13.  For the purpose of incorporating the
  4  amendments to section 893.03, Florida Statutes, in references
  5  thereto, paragraphs (b), (c), and (d) of subsection (2) of
  6  section 893.12, Florida Statutes, 1998 Supplement, are
  7  reenacted to read:
  8         893.12  Contraband; seizure, forfeiture, sale.--
  9         (2)
10         (b)  All real property, including any right, title,
11  leasehold interest, and other interest in the whole of any lot
12  or tract of land and any appurtenances or improvements, which
13  real property is used, or intended to be used, in any manner
14  or part, to commit or to facilitate the commission of, or
15  which real property is acquired with proceeds obtained as a
16  result of, a violation of any provision of this chapter
17  related to a controlled substance described in s. 893.03(1) or
18  (2) may be seized and forfeited as provided by the Florida
19  Contraband Forfeiture Act except that no property shall be
20  forfeited under this paragraph to the extent of an interest of
21  an owner or lienholder by reason of any act or omission
22  established by that owner or lienholder to have been committed
23  or omitted without the knowledge or consent of that owner or
24  lienholder.
25         (c)  All moneys, negotiable instruments, securities,
26  and other things of value furnished or intended to be
27  furnished by any person in exchange for a controlled substance
28  described in s. 893.03(1) or (2) or a listed chemical in
29  violation of any provision of this chapter, all proceeds
30  traceable to such an exchange, and all moneys, negotiable
31  instruments, and securities used or intended to be used to
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  1  facilitate any violation of any provision of this chapter or
  2  which are acquired with proceeds obtained in violation of any
  3  provision of this chapter may be seized and forfeited as
  4  provided by the Florida Contraband Forfeiture Act, except that
  5  no property shall be forfeited under this paragraph to the
  6  extent of an interest of an owner or lienholder by reason of
  7  any act or omission established by that owner or lienholder to
  8  have been committed or omitted without the knowledge or
  9  consent of that owner or lienholder.
10         (d)  All books, records, and research, including
11  formulas, microfilm, tapes, and data which are used, or
12  intended for use, or which are acquired with proceeds
13  obtained, in violation of any provision of this chapter
14  related to a controlled substance described in s. 893.03(1) or
15  (2) or a listed chemical may be seized and forfeited as
16  provided by the Florida Contraband Forfeiture Act.
17         Section 14.  For the purpose of incorporating the
18  amendments to section 893.03, Florida Statutes, in references
19  thereto, subsection (1), paragraph (a) of subsection (2),
20  subsection (4), paragraphs (a) and (b) of subsection (5), and
21  subsection (7) of section 893.13, Florida Statutes, 1998
22  Supplement, are reenacted to read:
23         893.13  Prohibited acts; penalties.--
24         (1)(a)  Except as authorized by this chapter and
25  chapter 499, it is unlawful for any person to sell,
26  manufacture, or deliver, or possess with intent to sell,
27  manufacture, or deliver, a controlled substance.  Any person
28  who violates this provision 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
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  1  felony of the second degree, punishable as provided in s.
  2  775.082, s. 775.083, or s. 775.084.
  3         2.  A controlled substance named or described in s.
  4  893.03(1)(c), (2)(c), (3), or (4) commits a felony of the
  5  third degree, punishable as provided in s. 775.082, s.
  6  775.083, or s. 775.084.
  7         3.  A controlled substance named or described in s.
  8  893.03(5) commits a misdemeanor of the first degree,
  9  punishable as provided in s. 775.082 or s. 775.083.
10         (b)  Except as provided in this chapter, it is unlawful
11  to sell or deliver in excess of 10 grams of any substance
12  named or described in s. 893.03(1)(a) or (1)(b), or any
13  combination thereof, or any mixture containing any such
14  substance. Any person who violates this paragraph commits a
15  felony of the first degree, punishable as provided in s.
16  775.082, s. 775.083, or s. 775.084.
17         (c)  Except as authorized by this chapter, it is
18  unlawful for any person to sell, manufacture, or deliver, or
19  possess with intent to sell, manufacture, or deliver a
20  controlled substance in, on, or within 1,000 feet of the real
21  property comprising a child care facility as defined in s.
22  402.302 or a public or private elementary, middle, or
23  secondary school between the hours of 6 a.m. and 12 a.m.  Any
24  person who violates this paragraph with respect to:
25         1.  A controlled substance named or described in s.
26  893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b) commits a
27  felony of the first degree, punishable as provided in s.
28  775.082, s. 775.083, or s. 775.084. The defendant must be
29  sentenced to a minimum term of imprisonment of 3 calendar
30  years unless the offense was committed within 1,000 feet of
31
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  1  the real property comprising a child care facility as defined
  2  in s. 402.302.
  3         2.  A controlled substance named or described in s.
  4  893.03(1)(c), (2)(c), (3), or (4) commits a felony of the
  5  second degree, punishable as provided in s. 775.082, s.
  6  775.083, or s. 775.084.
  7         3.  Any other controlled substance, except as lawfully
  8  sold, manufactured, or delivered, must be sentenced to pay a
  9  $500 fine and to serve 100 hours of public service in addition
10  to any other penalty prescribed by law.
11         (d)  Except as authorized by this chapter, it is
12  unlawful for any person to sell, manufacture, or deliver, or
13  possess with intent to sell, manufacture, or deliver, a
14  controlled substance in, on, or within 200 feet of the real
15  property comprising a public or private college, university,
16  or other postsecondary educational institution, or within 200
17  feet of any public park. Any person who violates this
18  paragraph with respect to:
19         1.  A controlled substance named or described in s.
20  893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b) commits a
21  felony of the first degree, punishable as provided in s.
22  775.082, s. 775.083, or s. 775.084.
23         2.  A controlled substance named or described in s.
24  893.03(1)(c), (2)(c), (3), or (4) commits a felony of the
25  second degree, punishable as provided in s. 775.082, s.
26  775.083, or s. 775.084.
27         3.  Any other controlled substance, except as lawfully
28  sold, manufactured, or delivered, must be sentenced to pay a
29  $500 fine and to serve 100 hours of public service in addition
30  to any other penalty prescribed by law.
31
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  1         (e)  Except as authorized by this chapter, it is
  2  unlawful for any person to sell, manufacture, or deliver, or
  3  possess with intent to sell, manufacture, or deliver, a
  4  controlled substance not authorized by law in, on, or within
  5  1,000 feet of a physical place for worship at which a church
  6  or religious organization regularly conducts religious
  7  services or within 1,000 feet of a convenience business as
  8  defined in s. 812.171. Any person who violates this paragraph
  9  with respect to:
10         1.  A controlled substance named or described in s.
11  893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b) commits a
12  felony of the first degree, punishable as provided in s.
13  775.082, s. 775.083, or s. 775.084.
14         2.  A controlled substance named or described in s.
15  893.03(1)(c), (2)(c), (3), or (4) commits a felony of the
16  second degree, punishable as provided in s. 775.082, s.
17  775.083, or s. 775.084.
18         3.  Any other controlled substance, except as lawfully
19  sold, manufactured, or delivered, must be sentenced to pay a
20  $500 fine and to serve 100 hours of public service in addition
21  to any other penalty prescribed by law.
22         (f)  Except as authorized by this chapter, it is
23  unlawful for any person to sell, manufacture, or deliver, or
24  possess with intent to sell, manufacture, or deliver, a
25  controlled substance in, on, or within 200 feet of the real
26  property comprising a public housing facility at any time. For
27  purposes of this section, the term "real property comprising a
28  public housing facility" means real property, as defined in s.
29  421.03(12), of a public corporation created as a housing
30  authority pursuant to part I of chapter 421.  Any person who
31  violates this paragraph with respect to:
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  1         1.  A controlled substance named or described in s.
  2  893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b) commits a
  3  felony of the first degree, punishable as provided in s.
  4  775.082, s. 775.083, or s. 775.084.
  5         2.  A controlled substance named or described in s.
  6  893.03(1)(c), (2)(c), (3), or (4) commits a felony of the
  7  second degree, punishable as provided in s. 775.082, s.
  8  775.083, or s. 775.084.
  9         3.  Any other controlled substance, except as lawfully
10  sold, manufactured, or delivered, must be sentenced to pay a
11  $500 fine and to serve 100 hours of public service in addition
12  to any other penalty prescribed by law.
13         (2)
14         (a)  Except as authorized by this chapter and chapter
15  499, it is unlawful for any person to purchase, or possess
16  with intent to purchase, a controlled substance.  Any person
17  who violates this provision with respect to:
18         1.  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 second degree, punishable as provided in s.
21  775.082, s. 775.083, or s. 775.084.
22         2.  A controlled substance named or described in s.
23  893.03(1)(c), (2)(c), (3), or (4) commits a felony of the
24  third degree, punishable as provided in s. 775.082, s.
25  775.083, or s. 775.084.
26         3.  A controlled substance named or described in s.
27  893.03(5) commits a misdemeanor of the first degree,
28  punishable as provided in s. 775.082 or s. 775.083.
29         (4)  Except as authorized by this chapter, it is
30  unlawful for any person 18 years of age or older to deliver
31  any controlled substance to a person under the age of 18
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  1  years, or to use or hire a person under the age of 18 years as
  2  an agent or employee in the sale or delivery of such a
  3  substance, or to use such person to assist in avoiding
  4  detection or apprehension for a violation of this chapter.
  5  Any person who violates this provision with respect to:
  6         (a)  A controlled substance named or described in s.
  7  893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b) commits a
  8  felony of the first degree, punishable as provided in s.
  9  775.082, s. 775.083, or s. 775.084.
10         (b)  A controlled substance named or described in s.
11  893.03(1)(c), (2)(c), (3), or (4) commits a felony of the
12  second degree, punishable as provided in s. 775.082, s.
13  775.083, or s. 775.084.
14
15  Imposition of sentence may not be suspended or deferred, nor
16  shall the person so convicted be placed on probation.
17         (5)  It is unlawful for any person to bring into this
18  state any controlled substance unless the possession of such
19  controlled substance is authorized by this chapter or unless
20  such person is licensed to do so by the appropriate federal
21  agency.  Any person who violates this provision with respect
22  to:
23         (a)  A controlled substance named or described in s.
24  893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b) commits a
25  felony of the second degree, punishable as provided in s.
26  775.082, s. 775.083, or s. 775.084.
27         (b)  A controlled substance named or described in s.
28  893.03(1)(c), (2)(c), (3), or (4) commits a felony of the
29  third degree, punishable as provided in s. 775.082, s.
30  775.083, or s. 775.084.
31         (7)(a)  It is unlawful for any person:
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  1         1.  To distribute or dispense a controlled substance in
  2  violation of this chapter.
  3         2.  To refuse or fail to make, keep, or furnish any
  4  record, notification, order form, statement, invoice, or
  5  information required under this chapter.
  6         3.  To refuse an entry into any premises for any
  7  inspection or to refuse to allow any inspection authorized by
  8  this chapter.
  9         4.  To distribute a controlled substance named or
10  described in s. 893.03(1) or (2) except pursuant to an order
11  form as required by s. 893.06.
12         5.  To keep or maintain any store, shop, warehouse,
13  dwelling, building, vehicle, boat, aircraft, or other
14  structure or place which is resorted to by persons using
15  controlled substances in violation of this chapter for the
16  purpose of using these substances, or which is used for
17  keeping or selling them in violation of this chapter.
18         6.  To use to his or her own personal advantage, or to
19  reveal, any information obtained in enforcement of this
20  chapter except in a prosecution or administrative hearing for
21  a violation of this chapter.
22         7.  To withhold information from a practitioner from
23  whom the person seeks to obtain a controlled substance or a
24  prescription for a controlled substance that the person has
25  received a controlled substance or a prescription for a
26  controlled substance of like therapeutic use from another
27  practitioner within the last 30 days.
28         8.  To possess a prescription form which has not been
29  completed and signed by the practitioner whose name appears
30  printed thereon, unless the person is that practitioner, is an
31  agent or employee of that practitioner, is a pharmacist, or is
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  1  a supplier of prescription forms who is authorized by that
  2  practitioner to possess those forms.
  3         9.  To acquire or obtain, or attempt to acquire or
  4  obtain, possession of a controlled substance by
  5  misrepresentation, fraud, forgery, deception, or subterfuge.
  6         10.  To affix any false or forged label to a package or
  7  receptacle containing a controlled substance.
  8         11.  To furnish false or fraudulent material
  9  information in, or omit any material information from, any
10  report or other document required to be kept or filed under
11  this chapter or any record required to be kept by this
12  chapter.
13         (b)  Any person who violates the provisions of
14  subparagraphs (a)1.-8. commits a misdemeanor of the first
15  degree, punishable as provided in s. 775.082 or s. 775.083;
16  except that, upon a second or subsequent violation, the person
17  commits a felony of the third degree, punishable as provided
18  in s. 775.082, s. 775.083, or s. 775.084.
19         (c)  Any person who violates the provisions of
20  subparagraphs (a)9.-11. commits a felony of the third degree,
21  punishable as provided in s. 775.082, s. 775.083, or s.
22  775.084.
23         Section 15.  For the purpose of incorporating the
24  amendments to section 893.03, Florida Statutes, in references
25  thereto, paragraphs (b), (c), (d), (e), and (g) of subsection
26  (3) of section 921.0022, Florida Statutes, 1998 Supplement,
27  are reenacted to read:
28         921.0022  Criminal Punishment Code; offense severity
29  ranking chart.--
30         (3)  OFFENSE SEVERITY RANKING CHART
31
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  1  Florida           Felony
  2  Statute           Degree             Description
  3
  4
  5                              (b)  LEVEL 2
  6  403.413(5)(c)      3rd      Dumps waste litter exceeding 500
  7                              lbs. in weight or 100 cubic feet
  8                              in volume or any quantity for
  9                              commercial purposes, or hazardous
10                              waste.
11  517.07             3rd      Registration of securities and
12                              furnishing of prospectus
13                              required.
14  590.28(1)          3rd      Willful, malicious, or
15                              intentional burning.
16  784.05(3)          3rd      Storing or leaving a loaded
17                              firearm within reach of minor who
18                              uses it to inflict injury or
19                              death.
20  787.04(1)          3rd      In violation of court order,
21                              take, entice, etc., minor beyond
22                              state limits.
23  806.13(1)(b)3.     3rd      Criminal mischief; damage $1,000
24                              or more to public communication
25                              or any other public service.
26  810.09(2)(e)       3rd      Trespassing on posted commerical
27                              horticulture property.
28  812.014(2)(c)1.    3rd      Grand theft, 3rd degree; $300 or
29                              more but less than $5,000.
30
31
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  1  812.014(2)(d)      3rd      Grand theft, 3rd degree; $100 or
  2                              more but less than $300, taken
  3                              from unenclosed curtilage of
  4                              dwelling.
  5  817.234(1)(a)2.    3rd      False statement in support of
  6                              insurance claim.
  7  817.481(3)(a)      3rd      Obtain credit or purchase with
  8                              false, expired, counterfeit,
  9                              etc., credit card, value over
10                              $300.
11  817.52(3)          3rd      Failure to redeliver hired
12                              vehicle.
13  817.54             3rd      With intent to defraud, obtain
14                              mortgage note, etc., by false
15                              representation.
16  817.60(5)          3rd      Dealing in credit cards of
17                              another.
18  817.60(6)(a)       3rd      Forgery; purchase goods, services
19                              with false card.
20  817.61             3rd      Fraudulent use of credit cards
21                              over $100 or more within 6
22                              months.
23  826.04             3rd      Knowingly marries or has sexual
24                              intercourse with person to whom
25                              related.
26  831.01             3rd      Forgery.
27  831.02             3rd      Uttering forged instrument;
28                              utters or publishes alteration
29                              with intent to defraud.
30  831.07             3rd      Forging bank bills or promissory
31                              note.
                                  31
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  1  831.08             3rd      Possession of 10 or more forged
  2                              notes.
  3  831.09             3rd      Uttering forged bills; passes as
  4                              bank bill or promissory note.
  5  832.05(3)(a)       3rd      Cashing or depositing item with
  6                              intent to defraud.
  7  843.08             3rd      Falsely impersonating an officer.
  8  893.13(2)(a)2.     3rd      Purchase of any s. 893.03(1)(c),
  9                              (2)(c), (3), or (4) drugs other
10                              than cannabis.
11  893.147(2)         3rd      Manufacture or delivery of drug
12                              paraphernalia.
13                              (c)  LEVEL 3
14  316.1935(2)        3rd      Fleeing or attempting to elude
15                              law enforcement officer in marked
16                              patrol vehicle with siren and
17                              lights activated.
18  319.30(4)          3rd      Possession by junkyard of motor
19                              vehicle with identification
20                              number plate removed.
21  319.33(1)(a)       3rd      Alter or forge any certificate of
22                              title to a motor vehicle or
23                              mobile home.
24  319.33(1)(c)       3rd      Procure or pass title on stolen
25                              vehicle.
26  319.33(4)          3rd      With intent to defraud, possess,
27                              sell, etc., a blank, forged, or
28                              unlawfully obtained title or
29                              registration.
30
31
                                  32
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  1  328.05(2)          3rd      Possess, sell, or counterfeit
  2                              fictitious, stolen, or fraudulent
  3                              titles or bills of sale of
  4                              vessels.
  5  328.07(4)          3rd      Manufacture, exchange, or possess
  6                              vessel with counterfeit or wrong
  7                              ID number.
  8  376.302(5)         3rd      Fraud related to reimbursement
  9                              for cleanup expenses under the
10                              Inland Protection Trust Fund.
11  501.001(2)(b)      2nd      Tampers with a consumer product
12                              or the container using materially
13                              false/misleading information.
14  697.08             3rd      Equity skimming.
15  790.15(3)          3rd      Person directs another to
16                              discharge firearm from a vehicle.
17  796.05(1)          3rd      Live on earnings of a prostitute.
18  806.10(1)          3rd      Maliciously injure, destroy, or
19                              interfere with vehicles or
20                              equipment used in firefighting.
21  806.10(2)          3rd      Interferes with or assaults
22                              firefighter in performance of
23                              duty.
24  810.09(2)(c)       3rd      Trespass on property other than
25                              structure or conveyance armed
26                              with firearm or dangerous weapon.
27  812.014(2)(c)2.    3rd      Grand theft; $5,000 or more but
28                              less than $10,000.
29  815.04(4)(b)       2nd      Computer offense devised to
30                              defraud or obtain property.
31
                                  33
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  1  817.034(4)(a)3.    3rd      Engages in scheme to defraud
  2                              (Florida Communications Fraud
  3                              Act), property valued at less
  4                              than $20,000.
  5  817.233            3rd      Burning to defraud insurer.
  6  828.12(2)          3rd      Tortures any animal with intent
  7                              to inflict intense pain, serious
  8                              physical injury, or death.
  9  831.29             2nd      Possession of instruments for
10                              counterfeiting drivers' licenses
11                              or identification cards.
12  838.021(3)(b)      3rd      Threatens unlawful harm to public
13                              servant.
14  843.19             3rd      Injure, disable, or kill police
15                              dog or horse.
16  870.01(2)          3rd      Riot; inciting or encouraging.
17  893.13(1)(a)2.     3rd      Sell, manufacture, or deliver
18                              cannabis (or other s.
19                              893.03(1)(c), (2)(c), (3), or (4)
20                              drugs).
21  893.13(1)(d)2.     2nd      Sell, manufacture, or deliver s.
22                              893.03(1)(c), (2)(c), (3), or (4)
23                              drugs within 200 feet of
24                              university or public park.
25  893.13(1)(f)2.     2nd      Sell, manufacture, or deliver s.
26                              893.03(1)(c), (2)(c), (3), or (4)
27                              drugs within 200 feet of public
28                              housing facility.
29  893.13(6)(a)       3rd      Possession of any controlled
30                              substance other than felony
31                              possession of cannabis.
                                  34
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  1  893.13(7)(a)9.     3rd      Obtain or attempt to obtain
  2                              controlled substance by fraud,
  3                              forgery, misrepresentation, etc.
  4  893.13(7)(a)11.    3rd      Furnish false or fraudulent
  5                              material information on any
  6                              document or record required by
  7                              chapter 893.
  8  918.13(1)(a)       3rd      Alter, destroy, or conceal
  9                              investigation evidence.
10  944.47
11   (1)(a)1.-2.       3rd      Introduce contraband to
12                              correctional facility.
13  944.47(1)(c)       2nd      Possess contraband while upon the
14                              grounds of a correctional
15                              institution.
16  985.3141           3rd      Escapes from a juvenile facility
17                              (secure detention or residential
18                              commitment facility).
19                              (d)  LEVEL 4
20  316.1935(3)        2nd      Driving at high speed or with
21                              wanton disregard for safety while
22                              fleeing or attempting to elude
23                              law enforcement officer who is in
24                              a marked patrol vehicle with
25                              siren and lights activated.
26  784.07(2)(b)       3rd      Battery of law enforcement
27                              officer, firefighter, intake
28                              officer, etc.
29  784.075            3rd      Battery on detention or
30                              commitment facility staff.
31
                                  35
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  1  784.08(2)(c)       3rd      Battery on a person 65 years of
  2                              age or older.
  3  784.081(3)         3rd      Battery on specified official or
  4                              employee.
  5  784.082(3)         3rd      Battery by detained person on
  6                              visitor or other detainee.
  7  784.083(3)         3rd      Battery on code inspector.
  8  787.03(1)          3rd      Interference with custody;
  9                              wrongly takes child from
10                              appointed guardian.
11  787.04(2)          3rd      Take, entice, or remove child
12                              beyond state limits with criminal
13                              intent pending custody
14                              proceedings.
15  787.04(3)          3rd      Carrying child beyond state lines
16                              with criminal intent to avoid
17                              producing child at custody
18                              hearing or delivering to
19                              designated person.
20  790.115(1)         3rd      Exhibiting firearm or weapon
21                              within 1,000 feet of a school.
22  790.115(2)(b)      3rd      Possessing electric weapon or
23                              device, destructive device, or
24                              other weapon on school property.
25  790.115(2)(c)      3rd      Possessing firearm on school
26                              property.
27  810.02(4)(a)       3rd      Burglary, or attempted burglary,
28                              of an unoccupied structure;
29                              unarmed; no assault or battery.
30
31
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  1  810.02(4)(b)       3rd      Burglary, or attempted burglary,
  2                              of an unoccupied conveyance;
  3                              unarmed; no assault or battery.
  4  810.06             3rd      Burglary; possession of tools.
  5  810.08(2)(c)       3rd      Trespass on property, armed with
  6                              firearm or dangerous weapon.
  7  812.014(2)(c)3.    3rd      Grand theft, 3rd degree $10,000
  8                              or more but less than $20,000.
  9  812.014
10   (2)(c)4.-10.      3rd      Grand theft, 3rd degree, a will,
11                              firearm, motor vehicle,
12                              livestock, etc.
13  817.563(1)         3rd      Sell or deliver substance other
14                              than controlled substance agreed
15                              upon, excluding s. 893.03(5)
16                              drugs.
17  828.125(1)         2nd      Kill, maim, or cause great bodily
18                              harm or permanent breeding
19                              disability to any registered
20                              horse or cattle.
21  837.02(1)          3rd      Perjury in official proceedings.
22  837.021(1)         3rd      Make contradictory statements in
23                              official proceedings.
24  843.025            3rd      Deprive law enforcement,
25                              correctional, or correctional
26                              probation officer of means of
27                              protection or communication.
28  843.15(1)(a)       3rd      Failure to appear while on bail
29                              for felony (bond estreature or
30                              bond jumping).
31
                                  37
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  1  874.05(1)          3rd      Encouraging or recruiting another
  2                              to join a criminal street gang.
  3  893.13(2)(a)1.     2nd      Purchase of cocaine (or other s.
  4                              893.03(1)(a), (b), or (d), or
  5                              (2)(a) or (b) drugs).
  6  914.14(2)          3rd      Witnesses accepting bribes.
  7  914.22(1)          3rd      Force, threaten, etc., witness,
  8                              victim, or informant.
  9  914.23(2)          3rd      Retaliation against a witness,
10                              victim, or informant, no bodily
11                              injury.
12  918.12             3rd      Tampering with jurors.
13                              (e)  LEVEL 5
14  316.027(1)(a)      3rd      Accidents involving personal
15                              injuries, failure to stop;
16                              leaving scene.
17  316.1935(4)        2nd      Aggravated fleeing or eluding.
18  322.34(3)          3rd      Careless operation of motor
19                              vehicle with suspended license,
20                              resulting in death or serious
21                              bodily injury.
22  327.30(5)          3rd      Vessel accidents involving
23                              personal injury; leaving scene.
24  381.0041(11)(b)    3rd      Donate blood, plasma, or organs
25                              knowing HIV positive.
26  790.01(2)          3rd      Carrying a concealed firearm.
27  790.162            2nd      Threat to throw or discharge
28                              destructive device.
29  790.163            2nd      False report of deadly explosive.
30  790.165(2)         3rd      Manufacture, sell, possess, or
31                              deliver hoax bomb.
                                  38
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  1  790.221(1)         2nd      Possession of short-barreled
  2                              shotgun or machine gun.
  3  790.23             2nd      Felons in possession of firearms
  4                              or electronic weapons or devices.
  5  806.111(1)         3rd      Possess, manufacture, or dispense
  6                              fire bomb with intent to damage
  7                              any structure or property.
  8  812.019(1)         2nd      Stolen property; dealing in or
  9                              trafficking in.
10  812.16(2)          3rd      Owning, operating, or conducting
11                              a chop shop.
12  817.034(4)(a)2.    2nd      Communications fraud, value
13                              $20,000 to $50,000.
14  825.1025(4)        3rd      Lewd or lascivious exhibition in
15                              the presence of an elderly person
16                              or disabled adult.
17  827.071(4)         2nd      Possess with intent to promote
18                              any photographic material, motion
19                              picture, etc., which includes
20                              sexual conduct by a child.
21  843.01             3rd      Resist officer with violence to
22                              person; resist arrest with
23                              violence.
24  874.05(2)          2nd      Encouraging or recruiting another
25                              to join a criminal street gang;
26                              second or subsequent offense.
27  893.13(1)(a)1.     2nd      Sell, manufacture, or deliver
28                              cocaine (or other s.
29                              893.03(1)(a), (1)(b), (1)(d),
30                              (2)(a), or (2)(b) drugs).
31
                                  39
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  1  893.13(1)(c)2.     2nd      Sell, manufacture, or deliver
  2                              cannabis (or other s.
  3                              893.03(1)(c), (2)(c), (3), or (4)
  4                              drugs) within 1,000 feet of a
  5                              child care facility or school.
  6  893.13(1)(d)1.     1st      Sell, manufacture, or deliver
  7                              cocaine (or other s.
  8                              893.03(1)(a), (1)(b), (1)(d),
  9                              (2)(a), or (2)(b) drugs) within
10                              200 feet of university or public
11                              park.
12  893.13(1)(e)       2nd      Sell, manufacture, or deliver
13                              cannabis or other drug prohibited
14                              under s. 893.03(1)(c), (2)(c),
15                              (3), or (4) within 1,000 feet of
16                              property used for religious
17                              services or a specified business
18                              site.
19  893.13(1)(f)1.     1st      Sell, manufacture, or deliver
20                              cocaine (or other s.
21                              893.03(1)(a), (1)(b), (1)(d), or
22                              (2)(a), or (2)(b) drugs) within
23                              200 feet of public housing
24                              facility.
25  893.13(4)(b)       2nd      Deliver to minor cannabis (or
26                              other s. 893.03(1)(c), (2)(c),
27                              (3), or (4) drugs).
28                              (g)  LEVEL 7
29  316.193(3)(c)2.    3rd      DUI resulting in serious bodily
30                              injury.
31
                                  40
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  1  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious
  2                              bodily injury.
  3  409.920(2)         3rd      Medicaid provider fraud.
  4  494.0018(2)        1st      Conviction of any violation of
  5                              ss. 494.001-494.0077 in which the
  6                              total money and property
  7                              unlawfully obtained exceeded
  8                              $50,000 and there were five or
  9                              more victims.
10  782.051(3)         2nd      Attempted felony murder of a
11                              person by a person other than the
12                              perpetrator or the perpetrator of
13                              an attempted felony.
14  782.07(1)          2nd      Killing of a human being by the
15                              act, procurement, or culpable
16                              negligence of another
17                              (manslaughter).
18  782.071            3rd      Killing of human being or viable
19                              fetus by the operation of a motor
20                              vehicle in a reckless manner
21                              (vehicular homicide).
22  782.072            3rd      Killing of a human being by the
23                              operation of a vessel in a
24                              reckless manner (vessel
25                              homicide).
26  784.045(1)(a)1.    2nd      Aggravated battery; intentionally
27                              causing great bodily harm or
28                              disfigurement.
29  784.045(1)(a)2.    2nd      Aggravated battery; using deadly
30                              weapon.
31
                                  41
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  1  784.045(1)(b)      2nd      Aggravated battery; perpetrator
  2                              aware victim pregnant.
  3  784.048(4)         3rd      Aggravated stalking; violation of
  4                              injunction or court order.
  5  784.07(2)(d)       1st      Aggravated battery on law
  6                              enforcement officer.
  7  784.08(2)(a)       1st      Aggravated battery on a person 65
  8                              years of age or older.
  9  784.081(1)         1st      Aggravated battery on specified
10                              official or employee.
11  784.082(1)         1st      Aggravated battery by detained
12                              person on visitor or other
13                              detainee.
14  784.083(1)         1st      Aggravated battery on code
15                              inspector.
16  790.07(4)          1st      Specified weapons violation
17                              subsequent to previous conviction
18                              of s. 790.07(1) or (2).
19  790.16(1)          1st      Discharge of a machine gun under
20                              specified circumstances.
21  796.03             2nd      Procuring any person under 16
22                              years for prostitution.
23  800.04             2nd      Handle, fondle, or assault child
24                              under 16 years in lewd,
25                              lascivious, or indecent manner.
26  806.01(2)          2nd      Maliciously damage structure by
27                              fire or explosive.
28  810.02(3)(a)       2nd      Burglary of occupied dwelling;
29                              unarmed; no assault or battery.
30  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;
31                              unarmed; no assault or battery.
                                  42
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  1  810.02(3)(d)       2nd      Burglary of occupied conveyance;
  2                              unarmed; no assault or battery.
  3  812.014(2)(a)      1st      Property stolen, valued at
  4                              $100,000 or more; property stolen
  5                              while causing other property
  6                              damage; 1st degree grand theft.
  7  812.019(2)         1st      Stolen property; initiates,
  8                              organizes, plans, etc., the theft
  9                              of property and traffics in
10                              stolen property.
11  812.133(2)(b)      1st      Carjacking; no firearm, deadly
12                              weapon, or other weapon.
13  825.102(3)(b)      2nd      Neglecting an elderly person or
14                              disabled adult causing great
15                              bodily harm, disability, or
16                              disfigurement.
17  825.1025(2)        2nd      Lewd or lascivious battery upon
18                              an elderly person or disabled
19                              adult.
20  825.103(2)(b)      2nd      Exploiting an elderly person or
21                              disabled adult and property is
22                              valued at $20,000 or more, but
23                              less than $100,000.
24  827.03(3)(b)       2nd      Neglect of a child causing great
25                              bodily harm, disability, or
26                              disfigurement.
27  827.04(4)          3rd      Impregnation of a child under 16
28                              years of age by person 21 years
29                              of age or older.
30
31
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  1  837.05(2)          3rd      Giving false information about
  2                              alleged capital felony to a law
  3                              enforcement officer.
  4  872.06             2nd      Abuse of a dead human body.
  5  893.13(1)(c)1.     1st      Sell, manufacture, or deliver
  6                              cocaine (or other drug prohibited
  7                              under s. 893.03(1)(a), (1)(b),
  8                              (1)(d), (2)(a), or (2)(b)) within
  9                              1,000 feet of a child care
10                              facility or school.
11  893.13(1)(e)       1st      Sell, manufacture, or deliver
12                              cocaine or other drug prohibited
13                              under s. 893.03(1)(a), (1)(b),
14                              (1)(d), (2)(a), or (2)(b), within
15                              1,000 feet of property used for
16                              religious services or a specified
17                              business site.
18  893.13(4)(a)       1st      Deliver to minor cocaine (or
19                              other s. 893.03(1)(a), (1)(b),
20                              (1)(d), (2)(a), or (2)(b) drugs).
21  893.135(1)(a)1.    1st      Trafficking in cannabis, more
22                              than 50 lbs., less than 2,000
23                              lbs.
24  893.135
25   (1)(b)1.a.        1st      Trafficking in cocaine, more than
26                              28 grams, less than 200 grams.
27  893.135
28   (1)(c)1.a.        1st      Trafficking in illegal drugs,
29                              more than 4 grams, less than 14
30                              grams.
31
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  1  893.135
  2   (1)(d)1.          1st      Trafficking in phencyclidine,
  3                              more than 28 grams, less than 200
  4                              grams.
  5  893.135(1)(e)1.    1st      Trafficking in methaqualone, more
  6                              than 200 grams, less than 5
  7                              kilograms.
  8  893.135(1)(f)1.    1st      Trafficking in amphetamine, more
  9                              than 14 grams, less than 28
10                              grams.
11  893.135
12   (1)(g)1.a.        1st      Trafficking in flunitrazepam, 4
13                              grams or more, less than 14
14                              grams.
15         Section 16.  Subsections (5) and (7) of section
16  893.035, Florida Statutes, are amended to read:
17         893.035  Control of new substances; findings of fact;
18  delegation of authority to Attorney General to control
19  substances by rule.--
20         (5)  Before initiating proceedings under subsection
21  (2), the Attorney General shall request from the Department of
22  Health Business and Professional Regulation and the Department
23  of Law Enforcement a medical and scientific evaluation of the
24  substance under consideration and a recommendation as to the
25  appropriate classification, if any, of such substance as a
26  controlled substance. In responding to this request, the
27  Department of Health Business and Professional Regulation and
28  the Department of Law Enforcement shall consider the factors
29  listed in subsection (4). The Department of Health Business
30  and Professional Regulation and the Department of Law
31  Enforcement shall respond to this request promptly and in
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  1  writing; however, their response is shall not be subject to
  2  the provisions of chapter 120. If both the Department of
  3  Health Business and Professional Regulation and the Department
  4  of Law Enforcement recommend that a substance not be
  5  controlled, the Attorney General shall not control that
  6  substance. If the Attorney General determines, based on the
  7  evaluations and recommendations of the Department of Health
  8  Business and Professional Regulation and the Department of Law
  9  Enforcement and all other available evidence, that there is
10  substantial evidence of potential for abuse, he or she shall
11  initiate proceedings under paragraph (2)(a) with respect to
12  that substance.
13         (7)(a)  If the Attorney General finds that the
14  scheduling of a substance in Schedule I of s. 893.03 on a
15  temporary basis is necessary to avoid an imminent hazard to
16  the public safety, he or she may by rule and without regard to
17  the requirements of subsection (5) relating to the Department
18  of Health Business and Professional Regulation and the
19  Department of Law Enforcement schedule such substance in
20  Schedule I if the substance is not listed in any other
21  schedule of s. 893.03. The Attorney General shall be required
22  to consider, with respect to his or her finding of imminent
23  hazard to the public safety, only those factors set forth in
24  paragraphs (3)(a) and (4)(d), (e), and (f), including actual
25  abuse, diversion from legitimate channels, and clandestine
26  importation, manufacture, or distribution.
27         (b)  The Attorney General may use emergency rulemaking
28  provisions under s. 120.54(4) in scheduling substances under
29  this subsection. Notwithstanding the provisions of s.
30  120.54(4)(c), any rule adopted under this subsection shall not
31  expire except as provided in subsection (9).
                                  46
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  1         Section 17.  This act shall take effect July 1, 1999.
  2
  3          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  4                         Senate Bill 152
  5
  6  Changes the effective date of the act from October 1, 1999 to
    July 1, 1999.
  7
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