Senate Bill sb0612er

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  1

  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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  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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  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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  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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  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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  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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  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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  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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  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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  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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  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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  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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  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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    2002 Legislature                                        SB 612



  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.

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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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  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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  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.

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  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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  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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  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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  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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  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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  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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  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.

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