Senate Bill sb0612
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 612
By Senator Peaden
1-746-02 See HB 351
1 A bill to be entitled
2 An act relating to controlled substances;
3 amending s. 893.03, F.S.; adding carisoprodol
4 to Schedule IV of the controlled substance
5 standards and schedules; reenacting ss.
6 316.193(5), 322.2616(2)(c), 327.35(5),
7 440.102(11)(b), 458.326(3), 817.563,
8 831.31(1)(a) and (2), 856.015(1)(d), 893.02(4),
9 893.13(1)(a), (c), (d), (e), and (f), (2)(a),
10 (4)(b), and (5)(b), 921.0022(3)(b), (c), and
11 (e), F.S., relating to driving under the
12 influence, persons under 21 years of age
13 driving with a blood-alcohol or breath-alcohol
14 level in excess of a specified threshold,
15 boating under the influence, drug-free
16 workplace program requirements, treatment of
17 intractable pain, sale of substance in lieu of
18 controlled substance, counterfeit controlled
19 substances, open house parties, the definition
20 of "controlled substance," prohibited acts
21 involving controlled substances, and the
22 offense severity ranking chart, respectively,
23 to incorporate the amendment to s. 893.03,
24 F.S., in references thereto; providing an
25 effective date.
26
27 Be It Enacted by the Legislature of the State of Florida:
28
29 Section 1. Paragraph (jjj) is added to subsection (4)
30 of section 893.03, Florida Statutes, to read:
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Florida Senate - 2002 SB 612
1-746-02 See HB 351
1 893.03 Standards and schedules.--The substances
2 enumerated in this section are controlled by this chapter.
3 The controlled substances listed or to be listed in Schedules
4 I, II, III, IV, and V are included by whatever official,
5 common, usual, chemical, or trade name designated. The
6 provisions of this section shall not be construed to include
7 within any of the schedules contained in this section any
8 excluded drugs listed within the purview of 21 C.F.R. s.
9 1308.22, styled "Excluded Substances"; 21 C.F.R. s. 1308.24,
10 styled "Exempt Chemical Preparations"; 21 C.F.R. s. 1308.32,
11 styled "Exempted Prescription Products"; or 21 C.F.R. s.
12 1308.34, styled "Exempt Anabolic Steroid Products."
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 (jjj) Carisoprodol.
26 Section 2. For the purpose of incorporating the
27 amendment made by this act to section 893.03, Florida
28 Statutes, in references thereto, subsection (5) of section
29 316.193, Florida Statutes, is reenacted to read:
30 316.193 Driving under the influence; penalties.--
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Florida Senate - 2002 SB 612
1-746-02 See HB 351
1 (5) The court shall place all offenders convicted of
2 violating this section on monthly reporting probation and
3 shall require completion of a substance abuse course conducted
4 by a DUI program licensed by the department under s. 322.292,
5 which must include a psychosocial evaluation of the offender.
6 If the DUI program refers the offender to an authorized
7 substance abuse treatment provider for substance abuse
8 treatment, in addition to any sentence or fine imposed under
9 this section, completion of all such education, evaluation,
10 and treatment is a condition of reporting probation. The
11 offender shall assume reasonable costs for such education,
12 evaluation, and treatment. The referral to treatment resulting
13 from a psychosocial evaluation shall not be waived without a
14 supporting independent psychosocial evaluation conducted by an
15 authorized substance abuse treatment provider appointed by the
16 court, which shall have access to the DUI program's
17 psychosocial evaluation before the independent psychosocial
18 evaluation is conducted. The court shall review the results
19 and recommendations of both evaluations before determining the
20 request for waiver. The offender shall bear the full cost of
21 this procedure. The term "substance abuse" means the abuse of
22 alcohol or any substance named or described in Schedules I
23 through V of s. 893.03. If an offender referred to treatment
24 under this subsection fails to report for or complete such
25 treatment or fails to complete the DUI program substance abuse
26 education course and evaluation, the DUI program shall notify
27 the court and the department of the failure. Upon receipt of
28 the notice, the department shall cancel the offender's driving
29 privilege, notwithstanding the terms of the court order or any
30 suspension or revocation of the driving privilege. The
31 department may temporarily reinstate the driving privilege on
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Florida Senate - 2002 SB 612
1-746-02 See HB 351
1 a restricted basis upon verification from the DUI program that
2 the offender is currently participating in treatment and the
3 DUI education course and evaluation requirement has been
4 completed. If the DUI program notifies the department of the
5 second failure to complete treatment, the department shall
6 reinstate the driving privilege only after notice of
7 completion of treatment from the DUI program. The
8 organization that conducts the substance abuse education and
9 evaluation may not provide required substance abuse treatment
10 unless a waiver has been granted to that organization by the
11 department. A waiver may be granted only if the department
12 determines, in accordance with its rules, that the service
13 provider that conducts the substance abuse education and
14 evaluation is the most appropriate service provider and is
15 licensed under chapter 397 or is exempt from such licensure. A
16 statistical referral report shall be submitted quarterly to
17 the department by each organization authorized to provide
18 services under this section.
19 Section 3. For the purpose of incorporating the
20 amendment made by this act to section 893.03, Florida
21 Statutes, in references thereto, paragraph (c) of subsection
22 (2) of section 322.2616, Florida Statutes, is reenacted to
23 read:
24 322.2616 Suspension of license; persons under 21 years
25 of age; right to review.--
26 (2)
27 (c) When a driver subject to this section has a
28 blood-alcohol or breath-alcohol level of 0.05 or higher, the
29 suspension shall remain in effect until such time as the
30 driver has completed a substance abuse course offered by a DUI
31 program licensed by the department. The driver shall assume
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Florida Senate - 2002 SB 612
1-746-02 See HB 351
1 the reasonable costs for the substance abuse course. As part
2 of the substance abuse course, the program shall conduct a
3 substance abuse evaluation of the driver, and notify the
4 parents or legal guardians of drivers under the age of 19
5 years of the results of the evaluation. The term "substance
6 abuse" means the abuse of alcohol or any substance named or
7 described in Schedules I through V of s. 893.03. If a driver
8 fails to complete the substance abuse education course and
9 evaluation, the driver's license shall not be reinstated by
10 the department.
11 Section 4. For the purpose of incorporating the
12 amendment made by this act to section 893.03, Florida
13 Statutes, in references thereto, subsection (5) of section
14 327.35, Florida Statutes, is reenacted to read:
15 327.35 Boating under the influence; penalties;
16 "designated drivers".--
17 (5) In addition to any sentence or fine, the court
18 shall place any offender convicted of violating this section
19 on monthly reporting probation and shall require attendance at
20 a substance abuse course specified by the court; and the
21 agency conducting the course may refer the offender to an
22 authorized service provider for substance abuse evaluation and
23 treatment, in addition to any sentence or fine imposed under
24 this section. The offender shall assume reasonable costs for
25 such education, evaluation, and treatment, with completion of
26 all such education, evaluation, and treatment being a
27 condition of reporting probation. Treatment resulting from a
28 psychosocial evaluation may not be waived without a supporting
29 psychosocial evaluation conducted by an agency appointed by
30 the court and with access to the original evaluation. The
31 offender shall bear the cost of this procedure. The term
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Florida Senate - 2002 SB 612
1-746-02 See HB 351
1 "substance abuse" means the abuse of alcohol or any substance
2 named or described in Schedules I-V of s. 893.03.
3 Section 5. For the purpose of incorporating the
4 amendment made by this act to section 893.03, Florida
5 Statutes, in references thereto, paragraph (b) of subsection
6 (11) of section 400.102, Florida Statutes, is reenacted to
7 read:
8 440.102 Drug-free workplace program requirements.--The
9 following provisions apply to a drug-free workplace program
10 implemented pursuant to law or to rules adopted by the Agency
11 for Health Care Administration:
12 (11) PUBLIC EMPLOYEES IN SAFETY-SENSITIVE OR
13 SPECIAL-RISK POSITIONS.--
14 (b) An employee who is employed by a public employer
15 in a special-risk position may be discharged or disciplined by
16 a public employer for the first positive confirmed test result
17 if the drug confirmed is an illicit drug under s. 893.03. A
18 special-risk employee who is participating in an employee
19 assistance program or drug rehabilitation program may not be
20 allowed to continue to work in any special-risk or
21 safety-sensitive position of the public employer, but may be
22 assigned to a position other than a safety-sensitive position
23 or placed on leave while the employee is participating in the
24 program. However, the employee shall be permitted to use any
25 accumulated annual leave credits before leave may be ordered
26 without pay.
27 Section 6. For the purpose of incorporating the
28 amendment made by this act to section 893.03, Florida
29 Statutes, in references thereto, subsection (3) of section
30 458.326, Florida Statutes, is reenacted to read:
31 458.326 Intractable pain; authorized treatment.--
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Florida Senate - 2002 SB 612
1-746-02 See HB 351
1 (3) Notwithstanding any other provision of law, a
2 physician may prescribe or administer any controlled substance
3 under Schedules II-V, as provided for in s. 893.03, to a
4 person for the treatment of intractable pain, provided the
5 physician does so in accordance with that level of care,
6 skill, and treatment recognized by a reasonably prudent
7 physician under similar conditions and circumstances.
8 Section 7. For the purpose of incorporating the
9 amendment made by this act to section 893.03, Florida
10 Statutes, in references thereto, section 817.563, Florida
11 Statutes, is reenacted to read:
12 817.563 Controlled substance named or described in s.
13 893.03; sale of substance in lieu thereof.--It is unlawful for
14 any person to agree, consent, or in any manner offer to
15 unlawfully sell to any person a controlled substance named or
16 described in s. 893.03 and then sell to such person any other
17 substance in lieu of such controlled substance. Any person who
18 violates this section with respect to:
19 (1) 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 (2) 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 Section 8. For the purpose of incorporating the
27 amendment made by this act to section 893.03, Florida
28 Statutes, in references thereto, paragraph (a) of subsection
29 (1) and subsection (2) of section 831.31, Florida Statutes,
30 are reenacted to read:
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Florida Senate - 2002 SB 612
1-746-02 See HB 351
1 831.31 Counterfeit controlled substance; sale,
2 manufacture, delivery, or possession with intent to sell,
3 manufacture, or deliver.--
4 (1) It is unlawful for any person to sell,
5 manufacture, or deliver, or to possess with intent to sell,
6 manufacture, or deliver, a counterfeit controlled substance.
7 Any person who violates this subsection with respect to:
8 (a) A controlled substance named or described in s.
9 893.03(1), (2), (3), or (4) is guilty of a felony of the third
10 degree, punishable as provided in s. 775.082, s. 775.083, or
11 s. 775.084.
12 (2) For purposes of this section, "counterfeit
13 controlled substance" means:
14 (a) A controlled substance named or described in s.
15 893.03 which, or the container or labeling of which, without
16 authorization bears the trademark, trade name, or other
17 identifying mark, imprint, or number, or any likeness thereof,
18 of a manufacturer other than the person who in fact
19 manufactured the controlled substance; or
20 (b) Any substance which is falsely identified as a
21 controlled substance named or described in s. 893.03.
22 Section 9. For the purpose of incorporating the
23 amendment made by this act to section 893.03, Florida
24 Statutes, in references thereto, paragraph (d) of subsection
25 (1) of section 859.015, Florida Statutes, is reenacted to
26 read:
27 856.015 Open house parties.--
28 (1) Definitions.--As used in this section:
29 (d) "Drug" means a controlled substance, as that term
30 is defined in ss. 893.02(4) and 893.03.
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Florida Senate - 2002 SB 612
1-746-02 See HB 351
1 Section 10. For the purpose of incorporating the
2 amendment made by this act to section 893.03, Florida
3 Statutes, in references thereto, subsection (4) of section
4 893.02, Florida Statutes, is reenacted to read:
5 893.02 Definitions.--The following words and phrases
6 as used in this chapter shall have the following meanings,
7 unless the context otherwise requires:
8 (4) "Controlled substance" means any substance named
9 or described in Schedules I-V of s. 893.03. Laws controlling
10 the manufacture, distribution, preparation, dispensing, or
11 administration of such substances are drug abuse laws.
12 Section 11. For the purpose of incorporating the
13 amendment made by this act to section 893.03, Florida
14 Statutes, in references thereto, paragraphs (a), (c), (d),
15 (e), and (f) of subsection (1), paragraph (a) of subsection
16 (2), paragraph (b) of subsection (4), and paragraph (b) of
17 subsection (5) of section 893.13, Florida Statutes, are
18 reenacted to read:
19 893.13 Prohibited acts; penalties.--
20 (1)(a) Except as authorized by this chapter and
21 chapter 499, it is unlawful for any person to sell,
22 manufacture, or deliver, or possess with intent to sell,
23 manufacture, or deliver, a controlled substance. Any person
24 who violates this provision with respect to:
25 1. A controlled substance named or described in s.
26 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
27 commits a felony of the second degree, punishable as provided
28 in s. 775.082, s. 775.083, or s. 775.084.
29 2. A controlled substance named or described in s.
30 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5.,
31 (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a
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Florida Senate - 2002 SB 612
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1 felony of the third degree, punishable as provided in s.
2 775.082, s. 775.083, or s. 775.084.
3 3. A controlled substance named or described in s.
4 893.03(5) commits a misdemeanor of the first degree,
5 punishable as provided in s. 775.082 or s. 775.083.
6 (c) Except as authorized by this chapter, it is
7 unlawful for any person to sell, manufacture, or deliver, or
8 possess with intent to sell, manufacture, or deliver a
9 controlled substance in, on, or within 1,000 feet of the real
10 property comprising a child care facility as defined in s.
11 402.302 or a public or private elementary, middle, or
12 secondary school between the hours of 6 a.m. and 12 a.m. Any
13 person who violates this paragraph with respect to:
14 1. A controlled substance named or described in s.
15 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
16 commits a felony of the first degree, punishable as provided
17 in s. 775.082, s. 775.083, or s. 775.084. The defendant must
18 be sentenced to a minimum term of imprisonment of 3 calendar
19 years unless the offense was committed within 1,000 feet of
20 the real property comprising a child care facility as defined
21 in s. 402.302.
22 2. A controlled substance named or described in s.
23 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5.,
24 (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a
25 felony of the second degree, punishable as provided in s.
26 775.082, s. 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.
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Florida Senate - 2002 SB 612
1-746-02 See HB 351
1 This paragraph does not apply to a child care facility unless
2 the owner or operator of the facility posts a sign that is not
3 less than 2 square feet in size with a word legend identifying
4 the facility as a licensed child care facility and that is
5 posted on the property of the child care facility in a
6 conspicuous place where the sign is reasonably visible to the
7 public.
8 (d) Except as authorized by this chapter, it is
9 unlawful for any person to sell, manufacture, or deliver, or
10 possess with intent to sell, manufacture, or deliver, a
11 controlled substance in, on, or within 200 feet of the real
12 property comprising a public or private college, university,
13 or other postsecondary educational institution, or within 200
14 feet of any public park. Any person who violates this
15 paragraph with respect to:
16 1. A controlled substance named or described in s.
17 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
18 commits a felony of the first degree, punishable as provided
19 in s. 775.082, s. 775.083, or s. 775.084.
20 2. A controlled substance named or described in s.
21 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5.,
22 (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a
23 felony of the second degree, punishable as provided in s.
24 775.082, s. 775.083, or s. 775.084.
25 3. Any other controlled substance, except as lawfully
26 sold, manufactured, or delivered, must be sentenced to pay a
27 $500 fine and to serve 100 hours of public service in addition
28 to any other penalty prescribed by law.
29 (e) Except as authorized by this chapter, it is
30 unlawful for any person to sell, manufacture, or deliver, or
31 possess with intent to sell, manufacture, or deliver, a
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Florida Senate - 2002 SB 612
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1 controlled substance not authorized by law in, on, or within
2 1,000 feet of a physical place for worship at which a church
3 or religious organization regularly conducts religious
4 services or within 1,000 feet of a convenience business as
5 defined in s. 812.171. Any person who violates this paragraph
6 with respect to:
7 1. A controlled substance named or described in s.
8 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
9 commits a felony of the first degree, punishable as provided
10 in s. 775.082, s. 775.083, or s. 775.084.
11 2. A controlled substance named or described in s.
12 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5.,
13 (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a
14 felony of the second degree, punishable as provided in s.
15 775.082, s. 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 (f) 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 at any time. For
25 purposes of this section, the term "real property comprising a
26 public housing facility" means real property, as defined in s.
27 421.03(12), of a public corporation created as a housing
28 authority pursuant to part I of chapter 421. Any person who
29 violates this paragraph with respect to:
30 1. A controlled substance named or described in s.
31 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
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Florida Senate - 2002 SB 612
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1 commits a felony of the first degree, punishable as provided
2 in s. 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)1., (2)(c)2., (2)(c)3., (2)(c)5.,
5 (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a
6 felony of the second degree, punishable as provided in s.
7 775.082, s. 775.083, or s. 775.084.
8 3. Any other controlled substance, except as lawfully
9 sold, manufactured, or delivered, must be sentenced to pay a
10 $500 fine and to serve 100 hours of public service in addition
11 to any other penalty prescribed by law.
12 (2)(a) Except as authorized by this chapter and
13 chapter 499, it is unlawful for any person to purchase, or
14 possess with intent to purchase, a controlled substance. Any
15 person who violates this provision with respect to:
16 1. A controlled substance named or described in s.
17 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
18 commits a felony of the second degree, punishable as provided
19 in s. 775.082, s. 775.083, or s. 775.084.
20 2. A controlled substance named or described in s.
21 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5.,
22 (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a
23 felony of the third degree, punishable as provided in s.
24 775.082, s. 775.083, or s. 775.084.
25 3. A controlled substance named or described in s.
26 893.03(5) commits a misdemeanor of the first degree,
27 punishable as provided in s. 775.082 or s. 775.083.
28 (4) Except as authorized by this chapter, it is
29 unlawful for any person 18 years of age or older to deliver
30 any controlled substance to a person under the age of 18
31 years, or to use or hire a person under the age of 18 years as
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1 an agent or employee in the sale or delivery of such a
2 substance, or to use such person to assist in avoiding
3 detection or apprehension for a violation of this chapter. Any
4 person who violates this provision with respect to:
5 (b) A controlled substance named or described in s.
6 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5.,
7 (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a
8 felony of the second degree, punishable as provided in s.
9 775.082, s. 775.083, or s. 775.084.
10
11 Imposition of sentence may not be suspended or deferred, nor
12 shall the person so convicted be placed on probation.
13 (5) It is unlawful for any person to bring into this
14 state any controlled substance unless the possession of such
15 controlled substance is authorized by this chapter or unless
16 such person is licensed to do so by the appropriate federal
17 agency. Any person who violates this provision with respect
18 to:
19 (b) A controlled substance named or described in s.
20 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5.,
21 (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a
22 felony of the third degree, punishable as provided in s.
23 775.082, s. 775.083, or s. 775.084.
24 Section 12. For the purpose of incorporating the
25 amendment made by this act to section 893.03, Florida
26 Statutes, in references thereto, paragraphs (b), (c), and (e)
27 of subsection (3) of section 921.0022, Florida Statutes, are
28 reenacted to read:
29 921.0022 Criminal Punishment Code; offense severity
30 ranking chart.--
31 (3) OFFENSE SEVERITY RANKING CHART
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1
2 Florida Felony
3 Statute Degree Description
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 commercial
27 horticulture property.
28 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or
29 more but less than $5,000.
30
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Florida Senate - 2002 SB 612
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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.
5 812.015(7) 3rd Possession, use, or attempted use
6 of an antishoplifting or
7 inventory control device
8 countermeasure.
9 817.234(1)(a)2. 3rd False statement in support of
10 insurance claim.
11 817.481(3)(a) 3rd Obtain credit or purchase with
12 false, expired, counterfeit,
13 etc., credit card, value over
14 $300.
15 817.52(3) 3rd Failure to redeliver hired
16 vehicle.
17 817.54 3rd With intent to defraud, obtain
18 mortgage note, etc., by false
19 representation.
20 817.60(5) 3rd Dealing in credit cards of
21 another.
22 817.60(6)(a) 3rd Forgery; purchase goods, services
23 with false card.
24 817.61 3rd Fraudulent use of credit cards
25 over $100 or more within 6
26 months.
27 826.04 3rd Knowingly marries or has sexual
28 intercourse with person to whom
29 related.
30 831.01 3rd Forgery.
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Florida Senate - 2002 SB 612
1-746-02 See HB 351
1 831.02 3rd Uttering forged instrument;
2 utters or publishes alteration
3 with intent to defraud.
4 831.07 3rd Forging bank bills, checks,
5 drafts, or promissory notes.
6 831.08 3rd Possessing 10 or more forged
7 notes, bills, checks, or drafts.
8 831.09 3rd Uttering forged notes, bills,
9 checks, drafts, or promissory
10 notes.
11 831.11 3rd Bringing into the state forged
12 bank bills, checks, drafts, or
13 notes.
14 832.05(3)(a) 3rd Cashing or depositing item with
15 intent to defraud.
16 843.08 3rd Falsely impersonating an officer.
17 893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c),
18 (2)(c)1., (2)(c)2., (2)(c)3.,
19 (2)(c)5., (2)(c)6., (2)(c)7.,
20 (2)(c)8., (2)(c)9., (3), or (4)
21 drugs other than cannabis.
22 893.147(2) 3rd Manufacture or delivery of drug
23 paraphernalia.
24 (c) LEVEL 3
25 316.1935(2) 3rd Fleeing or attempting to elude
26 law enforcement officer in marked
27 patrol vehicle with siren and
28 lights activated.
29 319.30(4) 3rd Possession by junkyard of motor
30 vehicle with identification
31 number plate removed.
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Florida Senate - 2002 SB 612
1-746-02 See HB 351
1 319.33(1)(a) 3rd Alter or forge any certificate of
2 title to a motor vehicle or
3 mobile home.
4 319.33(1)(c) 3rd Procure or pass title on stolen
5 vehicle.
6 319.33(4) 3rd With intent to defraud, possess,
7 sell, etc., a blank, forged, or
8 unlawfully obtained title or
9 registration.
10 328.05(2) 3rd Possess, sell, or counterfeit
11 fictitious, stolen, or fraudulent
12 titles or bills of sale of
13 vessels.
14 328.07(4) 3rd Manufacture, exchange, or possess
15 vessel with counterfeit or wrong
16 ID number.
17 376.302(5) 3rd Fraud related to reimbursement
18 for cleanup expenses under the
19 Inland Protection Trust Fund.
20 501.001(2)(b) 2nd Tampers with a consumer product
21 or the container using materially
22 false/misleading information.
23 697.08 3rd Equity skimming.
24 790.15(3) 3rd Person directs another to
25 discharge firearm from a vehicle.
26 796.05(1) 3rd Live on earnings of a prostitute.
27 806.10(1) 3rd Maliciously injure, destroy, or
28 interfere with vehicles or
29 equipment used in firefighting.
30
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Florida Senate - 2002 SB 612
1-746-02 See HB 351
1 806.10(2) 3rd Interferes with or assaults
2 firefighter in performance of
3 duty.
4 810.09(2)(c) 3rd Trespass on property other than
5 structure or conveyance armed
6 with firearm or dangerous weapon.
7 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but
8 less than $10,000.
9 815.04(4)(b) 2nd Computer offense devised to
10 defraud or obtain property.
11 817.034(4)(a)3. 3rd Engages in scheme to defraud
12 (Florida Communications Fraud
13 Act), property valued at less
14 than $20,000.
15 817.233 3rd Burning to defraud insurer.
16 817.234(8)&(9) 3rd Unlawful solicitation of persons
17 involved in motor vehicle
18 accidents.
19 817.234(11)(a) 3rd Insurance fraud; property value
20 less than $20,000.
21 817.505(4) 3rd Patient brokering.
22 828.12(2) 3rd Tortures any animal with intent
23 to inflict intense pain, serious
24 physical injury, or death.
25 831.28(2)(a) 3rd Counterfeiting a payment
26 instrument with intent to defraud
27 or possessing a counterfeit
28 payment instrument.
29 831.29 2nd Possession of instruments for
30 counterfeiting drivers' licenses
31 or identification cards.
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Florida Senate - 2002 SB 612
1-746-02 See HB 351
1 838.021(3)(b) 3rd Threatens unlawful harm to public
2 servant.
3 843.19 3rd Injure, disable, or kill police
4 dog or horse.
5 870.01(2) 3rd Riot; inciting or encouraging.
6 893.13(1)(a)2. 3rd Sell, manufacture, or deliver
7 cannabis (or other s.
8 893.03(1)(c), (2)(c)1., (2)(c)2.,
9 (2)(c)3., (2)(c)5., (2)(c)6.,
10 (2)(c)7., (2)(c)8., (2)(c)9.,
11 (3), or (4) drugs).
12 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s.
13 893.03(1)(c), (2)(c)1., (2)(c)2.,
14 (2)(c)3., (2)(c)5., (2)(c)6.,
15 (2)(c)7., (2)(c)8., (2)(c)9.,
16 (3), or (4) drugs within 200 feet
17 of university or public park.
18 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s.
19 893.03(1)(c), (2)(c)1., (2)(c)2.,
20 (2)(c)3., (2)(c)5., (2)(c)6.,
21 (2)(c)7., (2)(c)8., (2)(c)9.,
22 (3), or (4) drugs within 200 feet
23 of public housing facility.
24 893.13(6)(a) 3rd Possession of any controlled
25 substance other than felony
26 possession of cannabis.
27 893.13(7)(a)9. 3rd Obtain or attempt to obtain
28 controlled substance by fraud,
29 forgery, misrepresentation, etc.
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Florida Senate - 2002 SB 612
1-746-02 See HB 351
1 893.13(7)(a)11. 3rd Furnish false or fraudulent
2 material information on any
3 document or record required by
4 chapter 893.
5 918.13(1)(a) 3rd Alter, destroy, or conceal
6 investigation evidence.
7 944.47
8 (1)(a)1.-2. 3rd Introduce contraband to
9 correctional facility.
10 944.47(1)(c) 2nd Possess contraband while upon the
11 grounds of a correctional
12 institution.
13 985.3141 3rd Escapes from a juvenile facility
14 (secure detention or residential
15 commitment facility).
16 (e) LEVEL 5
17 316.027(1)(a) 3rd Accidents involving personal
18 injuries, failure to stop;
19 leaving scene.
20 316.1935(4) 2nd Aggravated fleeing or eluding.
21 322.34(6) 3rd Careless operation of motor
22 vehicle with suspended license,
23 resulting in death or serious
24 bodily injury.
25 327.30(5) 3rd Vessel accidents involving
26 personal injury; leaving scene.
27 381.0041(11)(b) 3rd Donate blood, plasma, or organs
28 knowing HIV positive.
29 790.01(2) 3rd Carrying a concealed firearm.
30 790.162 2nd Threat to throw or discharge
31 destructive device.
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Florida Senate - 2002 SB 612
1-746-02 See HB 351
1 790.163 2nd False report of deadly explosive.
2 790.165(2) 3rd Manufacture, sell, possess, or
3 deliver hoax bomb.
4 790.221(1) 2nd Possession of short-barreled
5 shotgun or machine gun.
6 790.23 2nd Felons in possession of firearms
7 or electronic weapons or devices.
8 800.04(6)(c) 3rd Lewd or lascivious conduct;
9 offender less than 18 years.
10 800.04(7)(c) 2nd Lewd or lascivious exhibition;
11 offender 18 years or older.
12 806.111(1) 3rd Possess, manufacture, or dispense
13 fire bomb with intent to damage
14 any structure or property.
15 812.015(8) 3rd Retail theft; property stolen is
16 valued at $300 or more and one or
17 more specified acts.
18 812.019(1) 2nd Stolen property; dealing in or
19 trafficking in.
20 812.131(2)(b) 3rd Robbery by sudden snatching.
21 812.16(2) 3rd Owning, operating, or conducting
22 a chop shop.
23 817.034(4)(a)2. 2nd Communications fraud, value
24 $20,000 to $50,000.
25 817.234(11)(b) 2nd Insurance fraud; property value
26 $20,000 or more but less than
27 $100,000.
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Florida Senate - 2002 SB 612
1-746-02 See HB 351
1 817.568(2)(b) 2nd Fraudulent use of personal
2 identification information; value
3 of benefit, services received,
4 payment avoided, or amount of
5 injury or fraud, $75,000 or more.
6 817.625(2)(b) 2nd Second or subsequent fraudulent
7 use of scanning device or
8 reencoder.
9 825.1025(4) 3rd Lewd or lascivious exhibition in
10 the presence of an elderly person
11 or disabled adult.
12 827.071(4) 2nd Possess with intent to promote
13 any photographic material, motion
14 picture, etc., which includes
15 sexual conduct by a child.
16 843.01 3rd Resist officer with violence to
17 person; resist arrest with
18 violence.
19 874.05(2) 2nd Encouraging or recruiting another
20 to join a criminal street gang;
21 second or subsequent offense.
22 893.13(1)(a)1. 2nd Sell, manufacture, or deliver
23 cocaine (or other s.
24 893.03(1)(a), (1)(b), (1)(d),
25 (2)(a), (2)(b), or (2)(c)4.
26 drugs).
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Florida Senate - 2002 SB 612
1-746-02 See HB 351
1 893.13(1)(c)2. 2nd Sell, manufacture, or deliver
2 cannabis (or other s.
3 893.03(1)(c), (2)(c)1., (2)(c)2.,
4 (2)(c)3., (2)(c)5., (2)(c)6.,
5 (2)(c)7., (2)(c)8., (2)(c)9.,
6 (3), or (4) drugs) within 1,000
7 feet of a child care facility or
8 school.
9 893.13(1)(d)1. 1st Sell, manufacture, or deliver
10 cocaine (or other s.
11 893.03(1)(a), (1)(b), (1)(d),
12 (2)(a), (2)(b), or (2)(c)4.
13 drugs) within 200 feet of
14 university or public park.
15 893.13(1)(e)2. 2nd Sell, manufacture, or deliver
16 cannabis or other drug prohibited
17 under s. 893.03(1)(c), (2)(c)1.,
18 (2)(c)2., (2)(c)3., (2)(c)5.,
19 (2)(c)6., (2)(c)7., (2)(c)8.,
20 (2)(c)9., (3), or (4) within
21 1,000 feet of property used for
22 religious services or a specified
23 business site.
24 893.13(1)(f)1. 1st Sell, manufacture, or deliver
25 cocaine (or other s.
26 893.03(1)(a), (1)(b), (1)(d), or
27 (2)(a), (2)(b), or (2)(c)4.
28 drugs) within 200 feet of public
29 housing facility.
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Florida Senate - 2002 SB 612
1-746-02 See HB 351
1 893.13(4)(b) 2nd Deliver to minor cannabis (or
2 other s. 893.03(1)(c), (2)(c)1.,
3 (2)(c)2., (2)(c)3., (2)(c)5.,
4 (2)(c)6., (2)(c)7., (2)(c)8.,
5 (2)(c)9., (3), or (4) drugs).
6 Section 13. This act shall take effect July 1, 2002.
7
8 *****************************************
9 LEGISLATIVE SUMMARY
10
Adds carisoprodol to Schedule IV of the controlled
11 substance standards and schedules.
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