Senate Bill sb0174er
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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 knowingly possessing a specified number or
8 more of marine turtle eggs; providing an
9 additional penalty for each egg involved in
10 such a violation; providing that it is a
11 third-degree felony to knowingly take, disturb,
12 mutilate, destroy, cause to be destroyed,
13 transfer, sell, offer to sell, molest, or
14 harass a marine turtle or its nest, hatchings,
15 eggs, or parts thereof; providing that it is a
16 third-degree felony to solicit or conspire to
17 violate the Marine Turtle Protection Act;
18 amending s. 777.04, F.S.; relating to the
19 offense of criminal attempt, criminal
20 solicitation, or criminal conspiracy; providing
21 that a violation of the Marine Turtle
22 Protection Act is exempt from certain
23 sentencing requirements for an offense of
24 solicitation or conspiracy; amending s.
25 921.0022, F.S.; relating to the offense
26 severity ranking chart of the Criminal
27 Punishment Code; conforming provisions of the
28 Act to the Code; providing an effective date.
29
30 Be It Enacted by the Legislature of the State of Florida:
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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
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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. Knowingly possess the eggs of any marine turtle
26 species described in this subsection.
27 2. Knowingly take, disturb, mutilate, destroy, cause
28 to be destroyed, transfer, sell, offer to sell, molest, or
29 harass any marine turtles or the eggs or nest of any marine
30 turtles described in this subsection.
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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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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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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;
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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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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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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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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,
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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
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1 Florida Felony
2 Statute Degree Description
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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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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.
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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.
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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.
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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.
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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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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.
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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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