Senate Bill sb2160c1
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Florida Senate - 2004 CS for SB 2160
By the Committee on Health, Aging, and Long-Term Care; and
Senator Peaden
317-2418-04
1 A bill to be entitled
2 An act relating to controlled substances;
3 amending s. 893.033, F.S.; revising the
4 chemicals defined as "listed precursor
5 chemicals" to include benzaldehyde, hydriodic
6 acid, and nitroethane, and to remove anhydrous
7 ammonia and benzyl chloride; adding anhydrous
8 ammonia, benzyl chloride, hydrochloric gas, and
9 iodine to the chemicals defined as "listed
10 essential chemicals"; providing for the use of
11 anhydrous ammonia for agricultural purposes;
12 amending s. 893.13, F.S.; prohibiting a person
13 from manufacturing methamphetamine or
14 phencyclidine, or possessing listed chemicals
15 with the intent to manufacture such chemicals;
16 providing for minimum terms of imprisonment if
17 a person commits or attempts to commit such
18 crime in a structure or conveyance where a
19 child is present or suffers great bodily harm;
20 providing that it is a third-degree felony to
21 improperly store anhydrous ammonia in a
22 container that does not meet certain standards;
23 providing that a violation of ch. 893, F.S.,
24 resulting in serious injury to a state, local,
25 or federal law enforcement officer is a
26 third-degree felony and such a violation
27 resulting in death or great bodily harm is a
28 second-degree felony; amending s. 893.135,
29 F.S.; including offenses involving
30 pseudoephedrine or ephedrine within the offense
31 of trafficking in amphetamine; providing
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1 penalties; providing that it is a capital
2 offense to manufacture or import
3 pseudoephedrine or ephedrine knowing that the
4 probable result will be death; amending s.
5 893.149, F.S., relating to the prohibition
6 against possessing listed chemicals; providing
7 an exception to such prohibition for a person
8 authorized to clean up or dispose of hazardous
9 waste or toxic substance pursuant to ch. 893,
10 F.S.; providing that damages arising out of the
11 unlawful possession of, storage of, or
12 tampering with a listed chemical is the sole
13 responsibility of the person unlawfully
14 possessing, storing, or tampering with the
15 chemical; providing that the lawful owner,
16 installer, maintainer, designer, manufacturer,
17 possessor, or seller is immune from liability
18 in the absence of negligent misconduct or
19 failure to abide by laws governing possession
20 or storage; reenacting s. 921.0022(3)(g), (h),
21 and (i), F.S., relating to the offense severity
22 ranking chart of the Criminal Punishment Code,
23 to incorporate the amendments to s. 893.135,
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. Section 893.033, Florida Statutes, is
30 amended to read:
31
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1 893.033 Listed chemicals.--The chemicals listed in
2 this section are included by whatever official, common, usual,
3 chemical, or trade name designated.
4 (1) PRECURSOR CHEMICALS.--The term "listed precursor
5 chemical" means a chemical that may be used in manufacturing a
6 controlled substance in violation of this chapter and is
7 critical to the creation of the controlled substance, and such
8 term includes any salt, optical isomer, or salt of an optical
9 isomer, whenever the existence of such salt, optical isomer,
10 or salt of optical isomer is possible within the specific
11 chemical designation. The following are "listed precursor
12 chemicals":
13 (a) Anhydrous ammonia.
14 (a)(b) Anthranilic acid.
15 (b) Benzaldehyde.
16 (c) Benzyl chloride.
17 (c)(d) Benzyl cyanide.
18 (d)(e) Chloroephedrine.
19 (e)(f) Chloropseudoephedrine.
20 (f)(g) Ephedrine.
21 (g)(h) Ergonovine.
22 (h)(i) Ergotamine.
23 (i)(j) Ethylamine.
24 (j) Hydriodic acid.
25 (k) Isosafrole.
26 (l) Methylamine.
27 (m) 3, 4-Methylenedioxyphenyl-2-propanone.
28 (n) N-acetylanthranilic acid.
29 (o) N-ethylephedrine.
30 (p) N-ethylpseudoephedrine.
31 (q) N-methylephedrine.
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1 (r) N-methylpseudoephedrine.
2 (s) Nitroethane.
3 (t)(s) Norpseudoephedrine.
4 (u)(t) Phenylacetic acid.
5 (v)(u) Phenylpropanolamine.
6 (w)(v) Piperidine.
7 (x)(w) Piperonal.
8 (y)(x) Propionic anhydride.
9 (z)(y) Pseudoephedrine.
10 (aa)(z) Safrole.
11 (2) ESSENTIAL CHEMICALS.--The term "listed essential
12 chemical" means a chemical that may be used as a solvent,
13 reagent, or catalyst in manufacturing a controlled substance
14 in violation of this chapter. The following are "listed
15 essential chemicals":
16 (a) Acetic anhydride.
17 (b) Acetone.
18 (c) Anhydrous ammonia.
19 (d) Benzyl chloride.
20 (e)(c) 2-Butanone.
21 (f)(d) Ethyl ether.
22 (g) Hydrochloric gas.
23 (h) Iodine.
24 (i)(e) Hydriodic acid.
25 (j)(f) Potassium permanganate.
26 (k)(g) Toluene.
27 Section 2. Paragraph (g) is added to subsection (1) of
28 section 893.13, Florida Statutes, paragraphs (a) and (c) of
29 subsection (7) of that section is amended, and subsection (12)
30 is added to that section, to read:
31 893.13 Prohibited acts; penalties.--
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1 (1)
2 (g) Except as authorized by this chapter, it is
3 unlawful for any person to manufacture methamphetamine or
4 phencyclidine or possess any listed chemical as defined in s.
5 893.033 in violation of s. 893.149 and with intent to
6 manufacture methamphetamine or phencyclidine. If any person
7 violates this paragraph and:
8 1. The commission or attempted commission of the crime
9 occurs in a structure or conveyance where any child under 16
10 years of age is present, the person commits a felony of the
11 first degree, punishable as provided in s. 775.082, s.
12 775.083, or s. 775.084. In addition, the defendant must be
13 sentenced to a minimum term of imprisonment of 5 calendar
14 years.
15 2. The commission of the crime causes any child under
16 16 years of age to suffer great bodily harm, the person
17 commits a felony of the first degree, punishable as provided
18 in s. 775.082, s. 775.083, or s. 775.084. In addition, the
19 defendant must be sentenced to a minimum term of imprisonment
20 of 10 calendar years.
21 (7)(a) It is unlawful for any person:
22 1. To distribute or dispense a controlled substance in
23 violation of this chapter.
24 2. To refuse or fail to make, keep, or furnish any
25 record, notification, order form, statement, invoice, or
26 information required under this chapter.
27 3. To refuse an entry into any premises for any
28 inspection or to refuse to allow any inspection authorized by
29 this chapter.
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1 4. To distribute a controlled substance named or
2 described in s. 893.03(1) or (2) except pursuant to an order
3 form as required by s. 893.06.
4 5. To keep or maintain any store, shop, warehouse,
5 dwelling, building, vehicle, boat, aircraft, or other
6 structure or place which is resorted to by persons using
7 controlled substances in violation of this chapter for the
8 purpose of using these substances, or which is used for
9 keeping or selling them in violation of this chapter.
10 6. To use to his or her own personal advantage, or to
11 reveal, any information obtained in enforcement of this
12 chapter except in a prosecution or administrative hearing for
13 a violation of this chapter.
14 7. To possess a prescription form which has not been
15 completed and signed by the practitioner whose name appears
16 printed thereon, unless the person is that practitioner, is an
17 agent or employee of that practitioner, is a pharmacist, or is
18 a supplier of prescription forms who is authorized by that
19 practitioner to possess those forms.
20 8. To withhold information from a practitioner from
21 whom the person seeks to obtain a controlled substance or a
22 prescription for a controlled substance that the person making
23 the request has received a controlled substance or a
24 prescription for a controlled substance of like therapeutic
25 use from another practitioner within the previous 30 days.
26 9. To acquire or obtain, or attempt to acquire or
27 obtain, possession of a controlled substance by
28 misrepresentation, fraud, forgery, deception, or subterfuge.
29 10. To affix any false or forged label to a package or
30 receptacle containing a controlled substance.
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1 11. To furnish false or fraudulent material
2 information in, or omit any material information from, any
3 report or other document required to be kept or filed under
4 this chapter or any record required to be kept by this
5 chapter.
6 12. To store anhydrous ammonia in a container that is
7 not approved by the United States Department of Transportation
8 to hold anhydrous ammonia or is not constructed in accordance
9 with sound engineering, agricultural, or commercial practices.
10 (c) Any person who violates the provisions of
11 subparagraphs (a)8.-12. (a)8.-11. commits a felony of the
12 third degree, punishable as provided in s. 775.082, s.
13 775.083, or s. 775.084.
14 (12) If a person violates any provision of this
15 chapter and such violation results in a serious injury to a
16 state, local, or federal law enforcement officer, the person
17 commits a felony of the third degree, punishable as provided
18 in s. 775.082, s. 775.083, or s. 775.084. If the injury
19 sustained results in death or great bodily harm, the person
20 commits a felony of the second degree, punishable as provided
21 in s. 775.082, s. 775.083, or 775.084.
22 Section 3. Paragraph (f) of subsection (1) of section
23 893.135, Florida Statutes, is amended to read:
24 893.135 Trafficking; mandatory sentences; suspension
25 or reduction of sentences; conspiracy to engage in
26 trafficking.--
27 (1) Except as authorized in this chapter or in chapter
28 499 and notwithstanding the provisions of s. 893.13:
29 (f)1. Any person who knowingly sells, purchases,
30 manufactures, delivers, or brings into this state, or who is
31 knowingly in actual or constructive possession of, 14 grams or
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1 more of amphetamine, as described in s. 893.03(2)(c)2., or
2 methamphetamine, as described in s. 893.03(2)(c)4., or of any
3 mixture containing amphetamine or methamphetamine, or
4 phenylacetone, phenylacetic acid, or pseudoephedrine or
5 ephedrine in conjunction with other chemicals and equipment
6 utilized in the manufacture of amphetamine or methamphetamine,
7 commits a felony of the first degree, which felony shall be
8 known as "trafficking in amphetamine," punishable as provided
9 in s. 775.082, s. 775.083, or s. 775.084. If the quantity
10 involved:
11 a. Is 14 grams or more, but less than 28 grams, such
12 person shall be sentenced to a mandatory minimum term of
13 imprisonment of 3 years, and the defendant shall be ordered to
14 pay a fine of $50,000.
15 b. Is 28 grams or more, but less than 200 grams, such
16 person shall be sentenced to a mandatory minimum term of
17 imprisonment of 7 years, and the defendant shall be ordered to
18 pay a fine of $100,000.
19 c. Is 200 grams or more, such person shall be
20 sentenced to a mandatory minimum term of imprisonment of 15
21 calendar years and pay a fine of $250,000.
22 2. Any person who knowingly manufactures or brings
23 into this state 400 grams or more of amphetamine, as described
24 in s. 893.03(2)(c)2., or methamphetamine, as described in s.
25 893.03(2)(c)4., or of any mixture containing amphetamine or
26 methamphetamine, or phenylacetone, phenylacetic acid, or
27 pseudoephedrine or ephedrine in conjunction with other
28 chemicals and equipment used in the manufacture of amphetamine
29 or methamphetamine, and who knows that the probable result of
30 such manufacture or importation would be the death of any
31 person commits capital manufacture or importation of
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1 amphetamine, a capital felony punishable as provided in ss.
2 775.082 and 921.142. Any person sentenced for a capital felony
3 under this paragraph shall also be sentenced to pay the
4 maximum fine provided under subparagraph 1.
5 Section 4. Section 893.149, Florida Statutes, is
6 amended to read:
7 893.149 Unlawful possession of listed chemical.--
8 (1) It is unlawful for any person to knowingly or
9 intentionally:
10 (a) Possess a listed chemical with the intent to
11 unlawfully manufacture a controlled substance;
12 (b) Possess or distribute a listed chemical knowing,
13 or having reasonable cause to believe, that the listed
14 chemical will be used to unlawfully manufacture a controlled
15 substance.
16 (2) Any person who violates this section commits is
17 guilty of a felony of the second degree, punishable as
18 provided in s. 775.082, s. 775.083, or s. 775.084.
19 (3) This section does not apply to a public employee
20 or private contractor authorized to clean up or dispose of
21 hazardous waste or toxic substances pursuant to the provisions
22 of this chapter.
23 (4) Any damages arising out of the unlawful possession
24 of, storage of, or tampering with a listed chemical, as
25 defined in s. 893.033, shall be the sole responsibility of the
26 person or persons unlawfully possessing, storing, or tampering
27 with the listed chemical. In no case shall liability for
28 damages arising out of the unlawful possession of, storage of,
29 or tampering with a listed chemical extend to the lawful
30 owner, installer, maintainer, designer, manufacturer,
31 possessor, or seller of the listed chemical, unless such
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1 damages arise out of the acts or omissions of the owner,
2 installer, maintainer, designer, manufacturer, possessor, or
3 seller which constitute negligent misconduct or failure to
4 abide by the laws regarding the possession or storage of a
5 listed chemical.
6 Section 5. For the purpose of incorporating the
7 amendment made by this act to section 893.135, Florida
8 Statutes, in references thereto, paragraphs (g), (h), and (i)
9 of subsection (3) of section 921.0022, Florida Statutes, are
10 reenacted to read:
11 921.0022 Criminal Punishment Code; offense severity
12 ranking chart.--
13 (3) OFFENSE SEVERITY RANKING CHART
14
15 Florida Felony
16 Statute Degree Description
17
18
19 (g) LEVEL 7
20 316.027(1)(b) 2nd Accident involving death, failure
21 to stop; leaving scene.
22 316.193(3)(c)2. 3rd DUI resulting in serious bodily
23 injury.
24 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
25 bodily injury.
26 402.319(2) 2nd Misrepresentation and negligence
27 or intentional act resulting in
28 great bodily harm, permanent
29 disfiguration, permanent
30 disability, or death.
31 409.920(2) 3rd Medicaid provider fraud.
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1 456.065(2) 3rd Practicing a health care
2 profession without a license.
3 456.065(2) 2nd Practicing a health care
4 profession without a license
5 which results in serious bodily
6 injury.
7 458.327(1) 3rd Practicing medicine without a
8 license.
9 459.013(1) 3rd Practicing osteopathic medicine
10 without a license.
11 460.411(1) 3rd Practicing chiropractic medicine
12 without a license.
13 461.012(1) 3rd Practicing podiatric medicine
14 without a license.
15 462.17 3rd Practicing naturopathy without a
16 license.
17 463.015(1) 3rd Practicing optometry without a
18 license.
19 464.016(1) 3rd Practicing nursing without a
20 license.
21 465.015(2) 3rd Practicing pharmacy without a
22 license.
23 466.026(1) 3rd Practicing dentistry or dental
24 hygiene without a license.
25 467.201 3rd Practicing midwifery without a
26 license.
27 468.366 3rd Delivering respiratory care
28 services without a license.
29 483.828(1) 3rd Practicing as clinical laboratory
30 personnel without a license.
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1 483.901(9) 3rd Practicing medical physics
2 without a license.
3 484.013(1)(c) 3rd Preparing or dispensing optical
4 devices without a prescription.
5 484.053 3rd Dispensing hearing aids without a
6 license.
7 494.0018(2) 1st Conviction of any violation of
8 ss. 494.001-494.0077 in which the
9 total money and property
10 unlawfully obtained exceeded
11 $50,000 and there were five or
12 more victims.
13 560.123(8)(b)1. 3rd Failure to report currency or
14 payment instruments exceeding
15 $300 but less than $20,000 by
16 money transmitter.
17 560.125(5)(a) 3rd Money transmitter business by
18 unauthorized person, currency or
19 payment instruments exceeding
20 $300 but less than $20,000.
21 655.50(10)(b)1. 3rd Failure to report financial
22 transactions exceeding $300 but
23 less than $20,000 by financial
24 institution.
25 782.051(3) 2nd Attempted felony murder of a
26 person by a person other than the
27 perpetrator or the perpetrator of
28 an attempted felony.
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1 782.07(1) 2nd Killing of a human being by the
2 act, procurement, or culpable
3 negligence of another
4 (manslaughter).
5 782.071 2nd Killing of human being or viable
6 fetus by the operation of a motor
7 vehicle in a reckless manner
8 (vehicular homicide).
9 782.072 2nd Killing of a human being by the
10 operation of a vessel in a
11 reckless manner (vessel
12 homicide).
13 784.045(1)(a)1. 2nd Aggravated battery; intentionally
14 causing great bodily harm or
15 disfigurement.
16 784.045(1)(a)2. 2nd Aggravated battery; using deadly
17 weapon.
18 784.045(1)(b) 2nd Aggravated battery; perpetrator
19 aware victim pregnant.
20 784.048(4) 3rd Aggravated stalking; violation of
21 injunction or court order.
22 784.07(2)(d) 1st Aggravated battery on law
23 enforcement officer.
24 784.074(1)(a) 1st Aggravated battery on sexually
25 violent predators facility staff.
26 784.08(2)(a) 1st Aggravated battery on a person 65
27 years of age or older.
28 784.081(1) 1st Aggravated battery on specified
29 official or employee.
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1 784.082(1) 1st Aggravated battery by detained
2 person on visitor or other
3 detainee.
4 784.083(1) 1st Aggravated battery on code
5 inspector.
6 790.07(4) 1st Specified weapons violation
7 subsequent to previous conviction
8 of s. 790.07(1) or (2).
9 790.16(1) 1st Discharge of a machine gun under
10 specified circumstances.
11 790.165(2) 2nd Manufacture, sell, possess, or
12 deliver hoax bomb.
13 790.165(3) 2nd Possessing, displaying, or
14 threatening to use any hoax bomb
15 while committing or attempting to
16 commit a felony.
17 790.166(3) 2nd Possessing, selling, using, or
18 attempting to use a hoax weapon
19 of mass destruction.
20 790.166(4) 2nd Possessing, displaying, or
21 threatening to use a hoax weapon
22 of mass destruction while
23 committing or attempting to
24 commit a felony.
25 796.03 2nd Procuring any person under 16
26 years for prostitution.
27 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
28 victim less than 12 years of age;
29 offender less than 18 years.
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1 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
2 victim 12 years of age or older
3 but less than 16 years; offender
4 18 years or older.
5 806.01(2) 2nd Maliciously damage structure by
6 fire or explosive.
7 810.02(3)(a) 2nd Burglary of occupied dwelling;
8 unarmed; no assault or battery.
9 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
10 unarmed; no assault or battery.
11 810.02(3)(d) 2nd Burglary of occupied conveyance;
12 unarmed; no assault or battery.
13 812.014(2)(a) 1st Property stolen, valued at
14 $100,000 or more; cargo stolen
15 valued at $50,000 or more;
16 property stolen while causing
17 other property damage; 1st degree
18 grand theft.
19 812.014(2)(b)3. 2nd Property stolen, emergency
20 medical equipment; 2nd degree
21 grand theft.
22 812.0145(2)(a) 1st Theft from person 65 years of age
23 or older; $50,000 or more.
24 812.019(2) 1st Stolen property; initiates,
25 organizes, plans, etc., the theft
26 of property and traffics in
27 stolen property.
28 812.131(2)(a) 2nd Robbery by sudden snatching.
29 812.133(2)(b) 1st Carjacking; no firearm, deadly
30 weapon, or other weapon.
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1 817.234(8)(a) 2nd Solicitation of motor vehicle
2 accident victims with intent to
3 defraud.
4 817.234(9) 2nd Organizing, planning, or
5 participating in an intentional
6 motor vehicle collision.
7 817.234(11)(c) 1st Insurance fraud; property value
8 $100,000 or more.
9 817.2341(2)(b)&
10 (3)(b) 1st Making false entries of material
11 fact or false statements
12 regarding property values
13 relating to the solvency of an
14 insuring entity which are a
15 significant cause of the
16 insolvency of that entity.
17 825.102(3)(b) 2nd Neglecting an elderly person or
18 disabled adult causing great
19 bodily harm, disability, or
20 disfigurement.
21 825.103(2)(b) 2nd Exploiting an elderly person or
22 disabled adult and property is
23 valued at $20,000 or more, but
24 less than $100,000.
25 827.03(3)(b) 2nd Neglect of a child causing great
26 bodily harm, disability, or
27 disfigurement.
28 827.04(3) 3rd Impregnation of a child under 16
29 years of age by person 21 years
30 of age or older.
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1 837.05(2) 3rd Giving false information about
2 alleged capital felony to a law
3 enforcement officer.
4 838.015 2nd Bribery.
5 838.016 2nd Unlawful compensation or reward
6 for official behavior.
7 838.021(3)(a) 2nd Unlawful harm to a public
8 servant.
9 838.22 2nd Bid tampering.
10 872.06 2nd Abuse of a dead human body.
11 893.13(1)(c)1. 1st Sell, manufacture, or deliver
12 cocaine (or other drug prohibited
13 under s. 893.03(1)(a), (1)(b),
14 (1)(d), (2)(a), (2)(b), or
15 (2)(c)4.) within 1,000 feet of a
16 child care facility, school, or
17 state, county, or municipal park
18 or publicly owned recreational
19 facility or community center.
20 893.13(1)(e)1. 1st Sell, manufacture, or deliver
21 cocaine or other drug prohibited
22 under s. 893.03(1)(a), (1)(b),
23 (1)(d), (2)(a), (2)(b), or
24 (2)(c)4., within 1,000 feet of
25 property used for religious
26 services or a specified business
27 site.
28 893.13(4)(a) 1st Deliver to minor cocaine (or
29 other s. 893.03(1)(a), (1)(b),
30 (1)(d), (2)(a), (2)(b), or
31 (2)(c)4. drugs).
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1 893.135(1)(a)1. 1st Trafficking in cannabis, more
2 than 25 lbs., less than 2,000
3 lbs.
4 893.135
5 (1)(b)1.a. 1st Trafficking in cocaine, more than
6 28 grams, less than 200 grams.
7 893.135
8 (1)(c)1.a. 1st Trafficking in illegal drugs,
9 more than 4 grams, less than 14
10 grams.
11 893.135
12 (1)(d)1. 1st Trafficking in phencyclidine,
13 more than 28 grams, less than 200
14 grams.
15 893.135(1)(e)1. 1st Trafficking in methaqualone, more
16 than 200 grams, less than 5
17 kilograms.
18 893.135(1)(f)1. 1st Trafficking in amphetamine, more
19 than 14 grams, less than 28
20 grams.
21 893.135
22 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
23 grams or more, less than 14
24 grams.
25 893.135
26 (1)(h)1.a. 1st Trafficking in
27 gamma-hydroxybutyric acid (GHB),
28 1 kilogram or more, less than 5
29 kilograms.
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1 893.135
2 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1
3 kilogram or more, less than 5
4 kilograms.
5 893.135
6 (1)(k)2.a. 1st Trafficking in Phenethylamines,
7 10 grams or more, less than 200
8 grams.
9 896.101(5)(a) 3rd Money laundering, financial
10 transactions exceeding $300 but
11 less than $20,000.
12 896.104(4)(a)1. 3rd Structuring transactions to evade
13 reporting or registration
14 requirements, financial
15 transactions exceeding $300 but
16 less than $20,000.
17 (h) LEVEL 8
18 316.193
19 (3)(c)3.a. 2nd DUI manslaughter.
20 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
21 499.0051(7) 1st Forgery of prescription or legend
22 drug labels.
23 499.0052 1st Trafficking in contraband legend
24 drugs.
25 560.123(8)(b)2. 2nd Failure to report currency or
26 payment instruments totaling or
27 exceeding $20,000, but less than
28 $100,000 by money transmitter.
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1 560.125(5)(b) 2nd Money transmitter business by
2 unauthorized person, currency or
3 payment instruments totaling or
4 exceeding $20,000, but less than
5 $100,000.
6 655.50(10)(b)2. 2nd Failure to report financial
7 transactions totaling or
8 exceeding $20,000, but less than
9 $100,000 by financial
10 institutions.
11 777.03(2)(a) 1st Accessory after the fact, capital
12 felony.
13 782.04(4) 2nd Killing of human without design
14 when engaged in act or attempt of
15 any felony other than arson,
16 sexual battery, robbery,
17 burglary, kidnapping, aircraft
18 piracy, or unlawfully discharging
19 bomb.
20 782.051(2) 1st Attempted felony murder while
21 perpetrating or attempting to
22 perpetrate a felony not
23 enumerated in s. 782.04(3).
24 782.071(1)(b) 1st Committing vehicular homicide and
25 failing to render aid or give
26 information.
27 782.072(2) 1st Committing vessel homicide and
28 failing to render aid or give
29 information.
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1 790.161(3) 1st Discharging a destructive device
2 which results in bodily harm or
3 property damage.
4 794.011(5) 2nd Sexual battery, victim 12 years
5 or over, offender does not use
6 physical force likely to cause
7 serious injury.
8 800.04(4) 2nd Lewd or lascivious battery.
9 806.01(1) 1st Maliciously damage dwelling or
10 structure by fire or explosive,
11 believing person in structure.
12 810.02(2)(a) 1st,PBL Burglary with assault or battery.
13 810.02(2)(b) 1st,PBL Burglary; armed with explosives
14 or dangerous weapon.
15 810.02(2)(c) 1st Burglary of a dwelling or
16 structure causing structural
17 damage or $1,000 or more property
18 damage.
19 812.13(2)(b) 1st Robbery with a weapon.
20 812.135(2) 1st Home-invasion robbery.
21 817.568(6) 2nd Fraudulent use of personal
22 identification information of an
23 individual under the age of 18.
24 825.102(2) 2nd Aggravated abuse of an elderly
25 person or disabled adult.
26 825.1025(2) 2nd Lewd or lascivious battery upon
27 an elderly person or disabled
28 adult.
29 825.103(2)(a) 1st Exploiting an elderly person or
30 disabled adult and property is
31 valued at $100,000 or more.
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1 837.02(2) 2nd Perjury in official proceedings
2 relating to prosecution of a
3 capital felony.
4 837.021(2) 2nd Making contradictory statements
5 in official proceedings relating
6 to prosecution of a capital
7 felony.
8 860.121(2)(c) 1st Shooting at or throwing any
9 object in path of railroad
10 vehicle resulting in great bodily
11 harm.
12 860.16 1st Aircraft piracy.
13 893.13(1)(b) 1st Sell or deliver in excess of 10
14 grams of any substance specified
15 in s. 893.03(1)(a) or (b).
16 893.13(2)(b) 1st Purchase in excess of 10 grams of
17 any substance specified in s.
18 893.03(1)(a) or (b).
19 893.13(6)(c) 1st Possess in excess of 10 grams of
20 any substance specified in s.
21 893.03(1)(a) or (b).
22 893.135(1)(a)2. 1st Trafficking in cannabis, more
23 than 2,000 lbs., less than 10,000
24 lbs.
25 893.135
26 (1)(b)1.b. 1st Trafficking in cocaine, more than
27 200 grams, less than 400 grams.
28 893.135
29 (1)(c)1.b. 1st Trafficking in illegal drugs,
30 more than 14 grams, less than 28
31 grams.
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1 893.135
2 (1)(d)1.b. 1st Trafficking in phencyclidine,
3 more than 200 grams, less than
4 400 grams.
5 893.135
6 (1)(e)1.b. 1st Trafficking in methaqualone, more
7 than 5 kilograms, less than 25
8 kilograms.
9 893.135
10 (1)(f)1.b. 1st Trafficking in amphetamine, more
11 than 28 grams, less than 200
12 grams.
13 893.135
14 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14
15 grams or more, less than 28
16 grams.
17 893.135
18 (1)(h)1.b. 1st Trafficking in
19 gamma-hydroxybutyric acid (GHB),
20 5 kilograms or more, less than 10
21 kilograms.
22 893.135
23 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5
24 kilograms or more, less than 10
25 kilograms.
26 893.135
27 (1)(k)2.b. 1st Trafficking in Phenethylamines,
28 200 grams or more, less than 400
29 grams.
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1 895.03(1) 1st Use or invest proceeds derived
2 from pattern of racketeering
3 activity.
4 895.03(2) 1st Acquire or maintain through
5 racketeering activity any
6 interest in or control of any
7 enterprise or real property.
8 895.03(3) 1st Conduct or participate in any
9 enterprise through pattern of
10 racketeering activity.
11 896.101(5)(b) 2nd Money laundering, financial
12 transactions totaling or
13 exceeding $20,000, but less than
14 $100,000.
15 896.104(4)(a)2. 2nd Structuring transactions to evade
16 reporting or registration
17 requirements, financial
18 transactions totaling or
19 exceeding $20,000 but less than
20 $100,000.
21 (i) LEVEL 9
22 316.193
23 (3)(c)3.b. 1st DUI manslaughter; failing to
24 render aid or give information.
25 327.35(3)(c)3.b. 1st BUI manslaughter; failing to
26 render aid or give information.
27 499.0053 1st Sale or purchase of contraband
28 legend drugs resulting in great
29 bodily harm.
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1 560.123(8)(b)3. 1st Failure to report currency or
2 payment instruments totaling or
3 exceeding $100,000 by money
4 transmitter.
5 560.125(5)(c) 1st Money transmitter business by
6 unauthorized person, currency, or
7 payment instruments totaling or
8 exceeding $100,000.
9 655.50(10)(b)3. 1st Failure to report financial
10 transactions totaling or
11 exceeding $100,000 by financial
12 institution.
13 775.0844 1st Aggravated white collar crime.
14 782.04(1) 1st Attempt, conspire, or solicit to
15 commit premeditated murder.
16 782.04(3) 1st,PBL Accomplice to murder in
17 connection with arson, sexual
18 battery, robbery, burglary, and
19 other specified felonies.
20 782.051(1) 1st Attempted felony murder while
21 perpetrating or attempting to
22 perpetrate a felony enumerated in
23 s. 782.04(3).
24 782.07(2) 1st Aggravated manslaughter of an
25 elderly person or disabled adult.
26 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or
27 reward or as a shield or hostage.
28 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit
29 or facilitate commission of any
30 felony.
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1 787.01(1)(a)4. 1st,PBL Kidnapping with intent to
2 interfere with performance of any
3 governmental or political
4 function.
5 787.02(3)(a) 1st False imprisonment; child under
6 age 13; perpetrator also commits
7 aggravated child abuse, sexual
8 battery, or lewd or lascivious
9 battery, molestation, conduct, or
10 exhibition.
11 790.161 1st Attempted capital destructive
12 device offense.
13 790.166(2) 1st,PBL Possessing, selling, using, or
14 attempting to use a weapon of
15 mass destruction.
16 794.011(2) 1st Attempted sexual battery; victim
17 less than 12 years of age.
18 794.011(2) Life Sexual battery; offender younger
19 than 18 years and commits sexual
20 battery on a person less than 12
21 years.
22 794.011(4) 1st Sexual battery; victim 12 years
23 or older, certain circumstances.
24 794.011(8)(b) 1st Sexual battery; engage in sexual
25 conduct with minor 12 to 18 years
26 by person in familial or
27 custodial authority.
28 800.04(5)(b) 1st Lewd or lascivious molestation;
29 victim less than 12 years;
30 offender 18 years or older.
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1 812.13(2)(a) 1st,PBL Robbery with firearm or other
2 deadly weapon.
3 812.133(2)(a) 1st,PBL Carjacking; firearm or other
4 deadly weapon.
5 817.568(7) 2nd,PBL Fraudulent use of personal
6 identification information of an
7 individual under the age of 18 by
8 his or her parent, legal
9 guardian, or person exercising
10 custodial authority.
11 827.03(2) 1st Aggravated child abuse.
12 847.0145(1) 1st Selling, or otherwise
13 transferring custody or control,
14 of a minor.
15 847.0145(2) 1st Purchasing, or otherwise
16 obtaining custody or control, of
17 a minor.
18 859.01 1st Poisoning or introducing
19 bacteria, radioactive materials,
20 viruses, or chemical compounds
21 into food, drink, medicine, or
22 water with intent to kill or
23 injure another person.
24 893.135 1st Attempted capital trafficking
25 offense.
26 893.135(1)(a)3. 1st Trafficking in cannabis, more
27 than 10,000 lbs.
28 893.135
29 (1)(b)1.c. 1st Trafficking in cocaine, more than
30 400 grams, less than 150
31 kilograms.
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1 893.135
2 (1)(c)1.c. 1st Trafficking in illegal drugs,
3 more than 28 grams, less than 30
4 kilograms.
5 893.135
6 (1)(d)1.c. 1st Trafficking in phencyclidine,
7 more than 400 grams.
8 893.135
9 (1)(e)1.c. 1st Trafficking in methaqualone, more
10 than 25 kilograms.
11 893.135
12 (1)(f)1.c. 1st Trafficking in amphetamine, more
13 than 200 grams.
14 893.135
15 (1)(h)1.c. 1st Trafficking in
16 gamma-hydroxybutyric acid (GHB),
17 10 kilograms or more.
18 893.135
19 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10
20 kilograms or more.
21 893.135
22 (1)(k)2.c. 1st Trafficking in Phenethylamines,
23 400 grams or more.
24 896.101(5)(c) 1st Money laundering, financial
25 instruments totaling or exceeding
26 $100,000.
27 896.104(4)(a)3. 1st Structuring transactions to evade
28 reporting or registration
29 requirements, financial
30 transactions totaling or
31 exceeding $100,000.
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1 Section 6. This act shall take effect July 1, 2004.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 2160
3
4
The bill revises the listed chemicals under chapter 893, F.S.,
5 to conform to federal requirements for precursor or essential
chemicals used to manufacture controlled substances.
6
With exceptions, it is unlawful for any person to manufacture
7 methamphetamine or phencyclidine, or possess any listed
chemical as defined in s. 893.033, F.S., in violation of s.
8 893.149, F.S., and with intent to manufacture methamphetamine
or phencyclidine. Section 893.149, F.S., provides that it is a
9 second degree felony for a person to possess a listed chemical
with the intent to unlawfully manufacture a controlled
10 substance, or possess or distribute a listed chemical knowing,
or having reasonable cause to believe, that the listed
11 chemical will be used to unlawfully manufacture a controlled
substance.
12
If any person manufactures methamphetamine or phencyclidine or
13 possesses any listed chemical with an intent to manufacture
methamphetamine or phencyclidine and the commission or
14 attempted commission of the crime occurs in a structure or
conveyance where any child under 16 years of age is present,
15 the person who does so is liable for a first degree felony
which is punishable by imprisonment of up to 30 years and the
16 imposition of a fine of up to $10,000. Minimum prison terms
are specified under specified circumstances for this
17 violation.
18 The bill makes it unlawful to store anhydrous ammonia in a
container that is not approved by the U.S. Department of
19 Transportation to hold anhydrous ammonia; or is not
constructed in accordance with sound engineering,
20 agricultural, or commercial practices.
21 The possession of 14 grams or more of pseudoephedrine such as
Sudafed in conjunction with other chemicals and equipment used
22 in the manufacture of amphetamine or methamphetamine is a
felony of the first degree and subject to the enhanced felony
23 penalties of the drug trafficking provisions under chapter
893, F.S.
24
Criminal violations relating to listed chemicals under s.
25 893.149, F.S., do not apply to a public employee or private
contractor authorized to clean up or dispose of hazardous
26 waste or toxic substances pursuant to the provisions of
chapter 893, F.S. Any damages arising out of the unlawful
27 possession of, storage of, or tampering with a listed
chemical, as defined in s. 893.033, F.S., must be the sole
28 responsibility of the person or persons unlawfully possessing,
storing, or tampering with the listed chemical. Liability for
29 damages arising out of the unlawful possession of, storage of,
or tampering with a listed chemical extend to the lawful
30 owner, installer, maintainer, designer, manufacturer,
possessor, or seller of the listed chemical, is limited to
31 specified circumstances.
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