Senate Bill sb0174e1

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    SB 174                                         First Engrossed



  1                      A bill to be entitled

  2         An act relating to the protection of marine

  3         turtles; amending s. 370.12, F.S.; providing

  4         penalties for violating the Marine Turtle

  5         Protection Act; providing first-degree

  6         misdemeanor and third-degree felony penalties

  7         for possessing a specified number or more of

  8         marine turtle eggs; providing an additional

  9         penalty for each egg involved in such a

10         violation; providing that it is a third-degree

11         felony to take, disturb, mutilate, destroy,

12         cause to be destroyed, transfer, sell, offer to

13         sell, molest, or harass a marine turtle or its

14         nest, hatchings, eggs, or parts thereof;

15         providing that it is a third-degree felony to

16         solicit or conspire to violate the Marine

17         Turtle Protection Act; amending s. 777.04,

18         F.S.; relating to the offense of criminal

19         attempt, criminal solicitation, or criminal

20         conspiracy; providing that a violation of the

21         Marine Turtle Protection Act is exempt from

22         certain sentencing requirements for an offense

23         of solicitation or conspiracy; amending s.

24         921.0022, F.S.; relating to the offense

25         severity ranking chart of the Criminal

26         Punishment Code; conforming provisions of the

27         Act to the Code; providing an effective date.

28  

29  Be It Enacted by the Legislature of the State of Florida:

30  

31  


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    SB 174                                         First Engrossed



 1         Section 1.  Subsection (1) of section 370.12, Florida

 2  Statutes, is amended to read:

 3         370.12  Marine animals; regulation.--

 4         (1)  PROTECTION OF MARINE TURTLES.--

 5         (a)  This subsection may be cited as the "Marine Turtle

 6  Protection Act."

 7         (b)  The Legislature intends, pursuant to the

 8  provisions of this subsection, to ensure that the Fish and

 9  Wildlife Conservation Commission has the appropriate authority

10  and resources to implement its responsibilities under the

11  recovery plans of the United States Fish and Wildlife Service

12  for the following species of marine turtle:

13         1.  Atlantic loggerhead turtle (Caretta caretta

14  caretta).

15         2.  Atlantic green turtle (Chelonia mydas) (Chelonis

16  mydas mydas).

17         3.  Leatherback turtle (Dermochelys coriacea).

18         4.  Atlantic hawksbill turtle (Eretmochelys imbricata

19  imbricata).

20         5.  Atlantic ridley turtle (Lepidochelys kempi).

21         (c)  As used in this subsection, the following phrases

22  have the following meanings:

23         1.  A "properly accredited person" is:

24         a.  Students of colleges or universities whose studies

25  with saltwater animals are under the direction of their

26  teacher or professor; or

27         b.  Scientific or technical faculty of public or

28  private colleges or universities; or

29         c.  Scientific or technical employees of private

30  research institutions and consulting firms; or

31  


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    SB 174                                         First Engrossed



 1         d.  Scientific or technical employees of city, county,

 2  state, or federal research or regulatory agencies; or

 3         e.  Members in good standing or recognized and properly

 4  chartered conservation organizations, the Audubon Society, or

 5  the Sierra Club; or

 6         f.  Persons affiliated with aquarium facilities or

 7  museums, or contracted as an agent therefor, which are open to

 8  the public with or without an admission fee; or

 9         g.  Persons without specific affiliations listed above,

10  but who are recognized by the commission for their

11  contributions to marine conservation such as scientific or

12  technical publications, or through a history of cooperation

13  with the commission in conservation programs such as turtle

14  nesting surveys, or through advanced educational programs such

15  as high school marine science centers.

16         2.  "Take" means an act that actually kills or injures

17  marine turtles, and includes significant habitat modification

18  or degradation that kills or injures marine turtles by

19  significantly impairing essential behavioral patterns, such as

20  breeding, feeding, or sheltering.

21         (d)  Except as authorized in this paragraph, or unless

22  otherwise provided by the Federal Endangered Species Act or

23  its implementing regulations, a person, firm, or corporation

24  may not:

25         1.  Possess the eggs of any marine turtle species

26  described in this subsection.

27         2.  Take, disturb, mutilate, destroy, cause to be

28  destroyed, transfer, sell, offer to sell, molest, or harass

29  any marine turtles or the eggs or nest of any marine turtles

30  described in this subsection.

31  


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    SB 174                                         First Engrossed



 1         3.  The commission may issue a special permit or loan

 2  agreement to any person, firm, or corporation, to enable the

 3  holder to possess a marine turtle or parts thereof, including

 4  nests, eggs, or hatchlings, for scientific, education, or

 5  exhibition purposes, or for conservation activities such as

 6  the relocation of nests, eggs, or marine turtles away from

 7  construction sites. Notwithstanding other provisions of law,

 8  the commission may issue such special permit or loan agreement

 9  to any properly accredited person as defined in paragraph (c)

10  for the purposes of marine turtle conservation.

11         4.  The commission shall have the authority to adopt

12  rules pursuant to chapter 120 to prescribe terms, conditions,

13  and restrictions for marine turtle conservation, and to permit

14  the possession of marine turtles or parts thereof.

15         (e)1.  Any person, firm, or corporation that commits

16  any act prohibited in paragraph (d) involving any egg of any

17  marine turtle species described in this subsection shall pay a

18  penalty of $100 per egg in addition to other penalties

19  provided in this paragraph.

20         2.  Any person, firm, or corporation that illegally

21  possesses 11 or fewer of any eggs of any marine turtle species

22  described in this subsection commits a first degree

23  misdemeanor, punishable as provided in s. 775.082 and s.

24  775.083.

25         3.  For a second or subsequent violation of

26  sub-paragraph 2, any person, firm, or corporation that

27  illegally possesses 11 or fewer of any eggs of any marine

28  turtle species described in this subsection commits a third

29  degree felony, punishable as provided in s. 775.082, s.

30  775.083, or s. 775.084.

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    SB 174                                         First Engrossed



 1         4.  Any person, firm, or corporation that illegally

 2  possesses more than 11 of any eggs of any marine turtle

 3  species described in this subsection commits a third degree

 4  felony, punishable as provided in s. 775.082, s. 775.083, or

 5  s. 775.084.

 6         5.  Any person, firm, or corporation who illegally

 7  takes, disturbs, mutilates, destroys, causes to be destroyed,

 8  transfers, sells, offers to sell, molests, or harasses any

 9  marine turtle species, or the eggs or nest of any marine

10  turtle species as described in this subsection, commits a

11  third degree felony, punishable as provided in s. 775.082, s.

12  775.083, or s. 775.084.

13         6.  Notwithstanding s. 777.04, any person, firm, or

14  corporation who solicits or conspires with another person,

15  firm, or corporation, to commit an act prohibited by this

16  subsection commits a felony of the third degree, punishable as

17  provided in s. 775.082, s. 775.083, or s. 775.084.

18         7.  The proceeds from the penalties assessed pursuant

19  to this paragraph shall be deposited into the Marine Resources

20  Conservation Trust Fund.

21         (c)1.  Unless otherwise provided by the federal

22  Endangered Species Act or its implementing regulations, no

23  person may take, possess, disturb, mutilate, destroy, cause to

24  be destroyed, sell, offer for sale, transfer, molest, or

25  harass any marine turtle or its nest or eggs at any time.  For

26  purposes of this subsection, "take" means an act which

27  actually kills or injures marine turtles, and includes

28  significant habitat modification or degradation that kills or

29  injures marine turtles by significantly impairing essential

30  behavioral patterns, such as breeding, feeding, or sheltering.

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    SB 174                                         First Engrossed



 1         2.  Unless otherwise provided by the federal Endangered

 2  Species Act or its implementing regulations, no person, firm,

 3  or corporation may take, kill, disturb, mutilate, molest,

 4  harass, or destroy any marine turtle.

 5         3.  No person, firm, or corporation may possess any

 6  marine turtle, their nests, eggs, hatchlings, or parts thereof

 7  unless it is in possession of a special permit or loan

 8  agreement from the commission enabling the holder to possess a

 9  marine turtle or parts thereof for scientific, educational, or

10  exhibitional purposes, or for conservation activities such as

11  relocating nests, eggs, or animals away from construction

12  sites. Notwithstanding any other provisions of general or

13  special law to the contrary, the commission may issue such

14  authorization to any properly accredited person for the

15  purpose of marine turtle conservation upon such terms,

16  conditions, and restrictions as it may prescribe by rule

17  adopted pursuant to chapter 120. The commission shall have the

18  authority to adopt rules pursuant to chapter 120 to permit the

19  possession of marine turtles pursuant to this paragraph. For

20  the purposes of this subsection, a "properly accredited

21  person" is defined as:

22         a.  Students of colleges or universities whose studies

23  with saltwater animals are under the direction of their

24  teacher or professor;

25         b.  Scientific or technical faculty of public or

26  private colleges or universities;

27         c.  Scientific or technical employees of private

28  research institutions and consulting firms;

29         d.  Scientific or technical employees of city, county,

30  state, or federal research or regulatory agencies;

31  


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    SB 174                                         First Engrossed



 1         e.  Members in good standing or recognized and properly

 2  chartered conservation organizations, the Audubon Society, or

 3  the Sierra Club;

 4         f.  Persons affiliated with aquarium facilities or

 5  museums, or contracted as an agent therefor, which are open to

 6  the public with or without an admission fee; or

 7         g.  Persons without specific affiliations listed above,

 8  but who are recognized by the commission for their

 9  contributions to marine conservation such as scientific or

10  technical publications, or through a history of cooperation

11  with the commission in conservation programs such as turtle

12  nesting surveys, or through advanced educational programs such

13  as high school marine science centers.

14         (f)(d)  Any application for a Department of

15  Environmental Protection permit or other type of approval for

16  an activity that affects marine turtles or their nests or

17  habitat shall be subject to conditions and requirements for

18  marine turtle protection as part of the permitting or approval

19  process.

20         (g)(e)  The Department of Environmental Protection may

21  condition the nature, timing, and sequence of construction of

22  permitted activities to provide protection to nesting marine

23  turtles and hatchlings and their habitat pursuant to the

24  provisions of s. 161.053(5).  When the department is

25  considering a permit for a beach restoration, beach

26  renourishment, or inlet sand transfer project and the

27  applicant has had an active marine turtle nest relocation

28  program or the applicant has agreed to and has the ability to

29  administer a program, the department must not restrict the

30  timing of the project.  Where appropriate, the department, in

31  accordance with the applicable rules of the Fish and Wildlife


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    SB 174                                         First Engrossed



 1  Conservation Commission, shall require as a condition of the

 2  permit that the applicant relocate and monitor all turtle

 3  nests that would be affected by the beach restoration, beach

 4  renourishment, or sand transfer activities.  Such relocation

 5  and monitoring activities shall be conducted in a manner that

 6  ensures successful hatching. This limitation on the

 7  department's authority applies only on the Atlantic coast of

 8  Florida.

 9         (h)(f)  The department shall recommend denial of a

10  permit application if the activity would result in a "take" as

11  defined in this subsection, unless, as provided for in the

12  federal Endangered Species Act and its implementing

13  regulations, such taking is incidental to, and not the purpose

14  of, the carrying out of an otherwise lawful activity.

15         (i)(g)  The department shall give special consideration

16  to beach preservation and beach nourishment projects that

17  restore habitat of endangered marine turtle species.  Nest

18  relocation shall be considered for all such projects in

19  urbanized areas.  When an applicant for a beach restoration,

20  beach renourishment, or inlet sand transfer project has had an

21  active marine turtle nest relocation program or the applicant

22  has agreed to have and has the ability to administer a

23  program, the department in issuing a permit for a project must

24  not restrict the timing of the project.  Where appropriate,

25  the department, in accordance with the applicable rules of the

26  Fish and Wildlife Conservation Commission, shall require as a

27  condition of the permit that the applicant relocate and

28  monitor all turtle nests that would be affected by the beach

29  restoration, beach renourishment, or sand transfer activities.

30  Such relocation and monitoring activities shall be conducted

31  in a manner that ensures successful hatching.  This limitation


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    SB 174                                         First Engrossed



 1  on the department's authority applies only on the Atlantic

 2  coast of Florida.

 3         (j)(h)  The Fish and Wildlife Conservation Commission

 4  shall provide grants to coastal local governments, educational

 5  institutions, and Florida-based nonprofit organizations to

 6  conduct marine turtle research, conservation, and education

 7  activities within the state. The commission shall adopt by

 8  rule pursuant to chapter 120 procedures for submitting grant

 9  applications and criteria for allocating available funds. The

10  criteria must include the scope of the proposed activity, the

11  relevance of the proposed activity to the recovery plans for

12  marine turtles, the demand and public support for the proposed

13  activity, the duration of the proposed activity, the

14  availability of alternative funding, and the estimated cost of

15  the activity. The executive director of the commission shall

16  appoint a committee of at least five members, including at

17  least two nongovernmental representatives, to consider and

18  choose grant recipients from proposals submitted by eligible

19  entities. Committee members shall not receive any compensation

20  from the commission.

21         Section 2.  Paragraphs (a), (d), and (e) of subsection

22  (4) of section 777.04, Florida Statutes, are amended to read:

23         777.04  Attempts, solicitation, and conspiracy.--

24         (4)(a)  Except as otherwise provided in ss. 104.091(2),

25  370.12(1), 828.125(2), 849.25(4), 893.135(5), and 921.0022,

26  the offense of criminal attempt, criminal solicitation, or

27  criminal conspiracy is ranked for purposes of sentencing under

28  chapter 921 and determining incentive gain-time eligibility

29  under chapter 944 one level below the ranking under s.

30  921.0022 or s. 921.0023 of the offense attempted, solicited,

31  or conspired to.  If the criminal attempt, criminal


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    SB 174                                         First Engrossed



 1  solicitation, or criminal conspiracy is of an offense ranked

 2  in level 1 or level 2 under s. 921.0022 or s. 921.0023, such

 3  offense is a misdemeanor of the first degree, punishable as

 4  provided in s. 775.082 or s. 775.083.

 5         (d)  Except as otherwise provided in s. 104.091(2), s.

 6  370.12(1), s. 828.125(2), or s. 849.25(4), if the offense

 7  attempted, solicited, or conspired to is a:

 8         1.  Felony of the second degree;

 9         2.  Burglary that is a felony of the third degree; or

10         3.  Felony of the third degree ranked in level 3, 4, 5,

11  6, 7, 8, 9, or 10 under s. 921.0022 or s. 921.0023,

12  

13  the offense of criminal attempt, criminal solicitation, or

14  criminal conspiracy is a felony of the third degree,

15  punishable as provided in s. 775.082, s. 775.083, or s.

16  775.084.

17         (e)  Except as otherwise provided in s. 104.091(2), s.

18  370.12(1), s. 849.25(4), or paragraph (d), if the offense

19  attempted, solicited, or conspired to is a felony of the third

20  degree, the offense of criminal attempt, criminal

21  solicitation, or criminal conspiracy is a misdemeanor of the

22  first degree, punishable as provided in s. 775.082 or s.

23  775.083.

24         Section 3.  Paragraphs (b) and (c) of subsection (3) of

25  section 921.0022, Florida Statutes, are amended to read:

26         921.0022  Criminal Punishment Code; offense severity

27  ranking chart.--

28         (3)  OFFENSE SEVERITY RANKING CHART

29  

30  

31  


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    SB 174                                         First Engrossed



 1  Florida           Felony

 2  Statute           Degree             Description

 3  

 4                     

 5                              (b)  LEVEL 2

 6  370.12(1)(e)3.     3rd      Possession of 11 or fewer marine

 7                              turtle eggs in violation of the

 8                              Marine Turtle Protection Act.

 9  370.12(1)(e)4.     3rd      Possession of more than 11 marine

10                              turtle eggs in violation of the

11                              Marine Turtle Protection Act.

12  403.413(5)(c)      3rd      Dumps waste litter exceeding 500

13                              lbs. in weight or 100 cubic feet

14                              in volume or any quantity for

15                              commercial purposes, or hazardous

16                              waste.

17  517.07             3rd      Registration of securities and

18                              furnishing of prospectus

19                              required.

20  590.28(1)          3rd      Willful, malicious, or

21                              intentional burning.

22  784.05(3)          3rd      Storing or leaving a loaded

23                              firearm within reach of minor who

24                              uses it to inflict injury or

25                              death.

26  787.04(1)          3rd      In violation of court order,

27                              take, entice, etc., minor beyond

28                              state limits.

29  806.13(1)(b)3.     3rd      Criminal mischief; damage $1,000

30                              or more to public communication

31                              or any other public service.


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    SB 174                                         First Engrossed



 1  810.09(2)(e)       3rd      Trespassing on posted commercial

 2                              horticulture property.

 3  812.014(2)(c)1.    3rd      Grand theft, 3rd degree; $300 or

 4                              more but less than $5,000.

 5  812.014(2)(d)      3rd      Grand theft, 3rd degree; $100 or

 6                              more but less than $300, taken

 7                              from unenclosed curtilage of

 8                              dwelling.

 9  812.015(7)         3rd      Possession, use, or attempted use

10                              of an antishoplifting or

11                              inventory control device

12                              countermeasure.

13  817.234(1)(a)2.    3rd      False statement in support of

14                              insurance claim.

15  817.481(3)(a)      3rd      Obtain credit or purchase with

16                              false, expired, counterfeit,

17                              etc., credit card, value over

18                              $300.

19  817.52(3)          3rd      Failure to redeliver hired

20                              vehicle.

21  817.54             3rd      With intent to defraud, obtain

22                              mortgage note, etc., by false

23                              representation.

24  817.60(5)          3rd      Dealing in credit cards of

25                              another.

26  817.60(6)(a)       3rd      Forgery; purchase goods, services

27                              with false card.

28  817.61             3rd      Fraudulent use of credit cards

29                              over $100 or more within 6

30                              months.

31  


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    SB 174                                         First Engrossed



 1  826.04             3rd      Knowingly marries or has sexual

 2                              intercourse with person to whom

 3                              related.

 4  831.01             3rd      Forgery.

 5  831.02             3rd      Uttering forged instrument;

 6                              utters or publishes alteration

 7                              with intent to defraud.

 8  831.07             3rd      Forging bank bills, checks,

 9                              drafts, or promissory notes.

10  831.08             3rd      Possessing 10 or more forged

11                              notes, bills, checks, or drafts.

12  831.09             3rd      Uttering forged notes, bills,

13                              checks, drafts, or promissory

14                              notes.

15  831.11             3rd      Bringing into the state forged

16                              bank bills, checks, drafts, or

17                              notes.

18  832.05(3)(a)       3rd      Cashing or depositing item with

19                              intent to defraud.

20  843.08             3rd      Falsely impersonating an officer.

21  893.13(2)(a)2.     3rd      Purchase of any s. 893.03(1)(c),

22                              (2)(c)1., (2)(c)2., (2)(c)3.,

23                              (2)(c)5., (2)(c)6., (2)(c)7.,

24                              (2)(c)8., (2)(c)9., (3), or (4)

25                              drugs other than cannabis.

26  893.147(2)         3rd      Manufacture or delivery of drug

27                              paraphernalia.

28                              (c)  LEVEL 3

29  316.193(2)(b)      3rd      Felony DUI, 3rd conviction.

30  

31  


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 1  316.1935(2)        3rd      Fleeing or attempting to elude

 2                              law enforcement officer in marked

 3                              patrol vehicle with siren and

 4                              lights activated.

 5  319.30(4)          3rd      Possession by junkyard of motor

 6                              vehicle with identification

 7                              number plate removed.

 8  319.33(1)(a)       3rd      Alter or forge any certificate of

 9                              title to a motor vehicle or

10                              mobile home.

11  319.33(1)(c)       3rd      Procure or pass title on stolen

12                              vehicle.

13  319.33(4)          3rd      With intent to defraud, possess,

14                              sell, etc., a blank, forged, or

15                              unlawfully obtained title or

16                              registration.

17  327.35(2)(b)       3rd      Felony BUI.

18  328.05(2)          3rd      Possess, sell, or counterfeit

19                              fictitious, stolen, or fraudulent

20                              titles or bills of sale of

21                              vessels.

22  328.07(4)          3rd      Manufacture, exchange, or possess

23                              vessel with counterfeit or wrong

24                              ID number.

25  

26  

27  

28  

29  

30  

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    SB 174                                         First Engrossed



 1  370.12(1)(e)5.     3rd      Taking, disturbing, mutilating,

 2                              destroying, causing to be

 3                              destroyed, transferring, selling,

 4                              offering to sell, molesting, or

 5                              harassing marine turtles, marine

 6                              turtle eggs, or marine turtle

 7                              nests in violation of the Marine

 8                              Turtle Protection Act.

 9  370.12(1)(e)6.     3rd      Soliciting to commit or

10                              conspiring to commit a violation

11                              of the Marine Turtle Protection

12                              Act.

13  376.302(5)         3rd      Fraud related to reimbursement

14                              for cleanup expenses under the

15                              Inland Protection Trust Fund.

16  501.001(2)(b)      2nd      Tampers with a consumer product

17                              or the container using materially

18                              false/misleading information.

19  697.08             3rd      Equity skimming.

20  790.15(3)          3rd      Person directs another to

21                              discharge firearm from a vehicle.

22  796.05(1)          3rd      Live on earnings of a prostitute.

23  806.10(1)          3rd      Maliciously injure, destroy, or

24                              interfere with vehicles or

25                              equipment used in firefighting.

26  806.10(2)          3rd      Interferes with or assaults

27                              firefighter in performance of

28                              duty.

29  810.09(2)(c)       3rd      Trespass on property other than

30                              structure or conveyance armed

31                              with firearm or dangerous weapon.


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 1  812.014(2)(c)2.    3rd      Grand theft; $5,000 or more but

 2                              less than $10,000.

 3  812.0145(2)(c)     3rd      Theft from person 65 years of age

 4                              or older; $300 or more but less

 5                              than $10,000.

 6  815.04(4)(b)       2nd      Computer offense devised to

 7                              defraud or obtain property.

 8  817.034(4)(a)3.    3rd      Engages in scheme to defraud

 9                              (Florida Communications Fraud

10                              Act), property valued at less

11                              than $20,000.

12  817.233            3rd      Burning to defraud insurer.

13  817.234(8)&(9)     3rd      Unlawful solicitation of persons

14                              involved in motor vehicle

15                              accidents.

16  817.234(11)(a)     3rd      Insurance fraud; property value

17                              less than $20,000.

18  817.505(4)         3rd      Patient brokering.

19  828.12(2)          3rd      Tortures any animal with intent

20                              to inflict intense pain, serious

21                              physical injury, or death.

22  831.28(2)(a)       3rd      Counterfeiting a payment

23                              instrument with intent to defraud

24                              or possessing a counterfeit

25                              payment instrument.

26  831.29             2nd      Possession of instruments for

27                              counterfeiting drivers' licenses

28                              or identification cards.

29  838.021(3)(b)      3rd      Threatens unlawful harm to public

30                              servant.

31  


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    SB 174                                         First Engrossed



 1  843.19             3rd      Injure, disable, or kill police

 2                              dog or horse.

 3  870.01(2)          3rd      Riot; inciting or encouraging.

 4  893.13(1)(a)2.     3rd      Sell, manufacture, or deliver

 5                              cannabis (or other s.

 6                              893.03(1)(c), (2)(c)1., (2)(c)2.,

 7                              (2)(c)3., (2)(c)5., (2)(c)6.,

 8                              (2)(c)7., (2)(c)8., (2)(c)9.,

 9                              (3), or (4) drugs).

10  893.13(1)(d)2.     2nd      Sell, manufacture, or deliver s.

11                              893.03(1)(c), (2)(c)1., (2)(c)2.,

12                              (2)(c)3., (2)(c)5., (2)(c)6.,

13                              (2)(c)7., (2)(c)8., (2)(c)9.,

14                              (3), or (4) drugs within 200 feet

15                              of university or public park.

16  893.13(1)(f)2.     2nd      Sell, manufacture, or deliver s.

17                              893.03(1)(c), (2)(c)1., (2)(c)2.,

18                              (2)(c)3., (2)(c)5., (2)(c)6.,

19                              (2)(c)7., (2)(c)8., (2)(c)9.,

20                              (3), or (4) drugs within 200 feet

21                              of public housing facility.

22  893.13(6)(a)       3rd      Possession of any controlled

23                              substance other than felony

24                              possession of cannabis.

25  893.13(7)(a)8.     3rd      Withhold information from

26                              practitioner regarding previous

27                              receipt of or prescription for a

28                              controlled substance.

29  893.13(7)(a)9.     3rd      Obtain or attempt to obtain

30                              controlled substance by fraud,

31                              forgery, misrepresentation, etc.


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    SB 174                                         First Engrossed



 1  893.13(7)(a)10.    3rd      Affix false or forged label to

 2                              package of controlled substance.

 3  893.13(7)(a)11.    3rd      Furnish false or fraudulent

 4                              material information on any

 5                              document or record required by

 6                              chapter 893.

 7  893.13(8)(a)1.     3rd      Knowingly assist a patient, other

 8                              person, or owner of an animal in

 9                              obtaining a controlled substance

10                              through deceptive, untrue, or

11                              fraudulent representations in or

12                              related to the practitioner's

13                              practice.

14  893.13(8)(a)2.     3rd      Employ a trick or scheme in the

15                              practitioner's practice to assist

16                              a patient, other person, or owner

17                              of an animal in obtaining a

18                              controlled substance.

19  893.13(8)(a)3.     3rd      Knowingly write a prescription

20                              for a controlled substance for a

21                              fictitious person.

22  893.13(8)(a)4.     3rd      Write a prescription for a

23                              controlled substance for a

24                              patient, other person, or an

25                              animal if the sole purpose of

26                              writing the prescription is a

27                              monetary benefit for the

28                              practitioner.

29  918.13(1)(a)       3rd      Alter, destroy, or conceal

30                              investigation evidence.

31  


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    SB 174                                         First Engrossed



 1  944.47

 2   (1)(a)1.-2.       3rd      Introduce contraband to

 3                              correctional facility.

 4  944.47(1)(c)       2nd      Possess contraband while upon the

 5                              grounds of a correctional

 6                              institution.

 7  985.3141           3rd      Escapes from a juvenile facility

 8                              (secure detention or residential

 9                              commitment facility).

10         Section 4.  This act shall take effect July 1, 2003.

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