Senate Bill sb1718c1
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Florida Senate - 2007 CS for SB 1718
By the Committee on Judiciary; and Senator Crist
590-2617-07
1 A bill to be entitled
2 An act relating to controlled substances;
3 amending s. 893.03, F.S.; including Salvinorin
4 A on the list of controlled substances in
5 Schedule I; amending s. 893.147, F.S.;
6 providing that the use or possession of drug
7 paraphernalia with intent to undertake certain
8 activities concerning the production of
9 methamphetamine is a felony of the second
10 degree; amending s. 921.0022, F.S.; classifying
11 the offense of using or possessing drug
12 paraphernalia related to the production of
13 methamphetamine under the offense severity
14 ranking chart of the Criminal Punishment Code;
15 providing an effective date.
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17 Be It Enacted by the Legislature of the State of Florida:
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19 Section 1. Paragraph (c) of subsection (1) of section
20 893.03, Florida Statutes, is amended to read:
21 893.03 Standards and schedules.--The substances
22 enumerated in this section are controlled by this chapter.
23 The controlled substances listed or to be listed in Schedules
24 I, II, III, IV, and V are included by whatever official,
25 common, usual, chemical, or trade name designated. The
26 provisions of this section shall not be construed to include
27 within any of the schedules contained in this section any
28 excluded drugs listed within the purview of 21 C.F.R. s.
29 1308.22, styled "Excluded Substances"; 21 C.F.R. s. 1308.24,
30 styled "Exempt Chemical Preparations"; 21 C.F.R. s. 1308.32,
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1 styled "Exempted Prescription Products"; or 21 C.F.R. s.
2 1308.34, styled "Exempt Anabolic Steroid Products."
3 (1) SCHEDULE I.--A substance in Schedule I has a high
4 potential for abuse and has no currently accepted medical use
5 in treatment in the United States and in its use under medical
6 supervision does not meet accepted safety standards. The
7 following substances are controlled in Schedule I:
8 (c) Unless specifically excepted or unless listed in
9 another schedule, any material, compound, mixture, or
10 preparation which contains any quantity of the following
11 hallucinogenic substances or which contains any of their
12 salts, isomers, and salts of isomers, whenever the existence
13 of such salts, isomers, and salts of isomers is possible
14 within the specific chemical designation:
15 1. Alpha-ethyltryptamine.
16 2. 2-Amino-4-methyl-5-phenyl-2-oxazoline
17 (4-methylaminorex).
18 3. 2-Amino-5-phenyl-2-oxazoline (Aminorex).
19 4. 4-Bromo-2,5-dimethoxyamphetamine.
20 5. 4-Bromo-2, 5-dimethoxyphenethylamine.
21 6. Bufotenine.
22 7. Cannabis.
23 8. Cathinone.
24 9. Diethyltryptamine.
25 10. 2,5-Dimethoxyamphetamine.
26 11. 2,5-Dimethoxy-4-ethylamphetamine (DOET).
27 12. Dimethyltryptamine.
28 13. N-Ethyl-1-phenylcyclohexylamine (PCE) (Ethylamine
29 analog of phencyclidine).
30 14. N-Ethyl-3-piperidyl benzilate.
31 15. N-ethylamphetamine.
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1 16. Fenethylline.
2 17. N-Hydroxy-3,4-methylenedioxyamphetamine.
3 18. Ibogaine.
4 19. Lysergic acid diethylamide (LSD).
5 20. Mescaline.
6 21. Methcathinone.
7 22. 5-Methoxy-3,4-methylenedioxyamphetamine.
8 23. 4-methoxyamphetamine.
9 24. 4-methoxymethamphetamine.
10 25. 4-Methyl-2,5-dimethoxyamphetamine.
11 26. 3,4-Methylenedioxy-N-ethylamphetamine.
12 27. 3,4-Methylenedioxyamphetamine.
13 28. N-Methyl-3-piperidyl benzilate.
14 29. N,N-dimethylamphetamine.
15 30. Parahexyl.
16 31. Peyote.
17 32. N-(1-Phenylcyclohexyl)-pyrrolidine (PCPY)
18 (Pyrrolidine analog of phencyclidine).
19 33. Psilocybin.
20 34. Psilocyn.
21 35. Salvinorin A.
22 36.35. Tetrahydrocannabinols.
23 37.36. 1-[1-(2-Thienyl)-cyclohexyl]-piperidine (TCP)
24 (Thiophene analog of phencyclidine).
25 38.37. 3,4,5-Trimethoxyamphetamine.
26 Section 2. Subsection (1) of section 893.147, Florida
27 Statutes, is amended to read:
28 893.147 Use, possession, manufacture, delivery,
29 transportation, or advertisement of drug paraphernalia.--
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1 (1) USE OR POSSESSION OF DRUG PARAPHERNALIA.--A It is
2 unlawful for any person who uses, or possesses to use, or to
3 possess with intent to use, drug paraphernalia:
4 (a) To plant, propagate, cultivate, grow, harvest,
5 manufacture, compound, convert, produce, process, prepare,
6 test, analyze, pack, repack, store, contain, or conceal a
7 controlled substance in violation of this chapter commits a
8 misdemeanor of the first degree, punishable as provided in s.
9 775.082 or s. 775.083.; or
10 (b) To inject, ingest, inhale, or otherwise introduce
11 into the human body a controlled substance in violation of
12 this chapter commits a misdemeanor of the first degree,
13 punishable as provided in s. 775.082 or s. 775.083.
14 (c) To manufacture, compound, convert, produce,
15 process, or prepare methamphetamine in violation of this
16 chapter commits a felony of the second degree, punishable as
17 provided in s. 775.082, s. 775.083, or s. 775.084.
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19 Any person who violates this subsection is guilty of a
20 misdemeanor of the first degree, punishable as provided in s.
21 775.082 or s. 775.083.
22 Section 3. Paragraph (g) of subsection (3) of section
23 921.0022, Florida Statutes, is amended to read:
24 921.0022 Criminal Punishment Code; offense severity
25 ranking chart.--
26 (3) OFFENSE SEVERITY RANKING CHART
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28 Florida Felony
29 Statute Degree Description
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31 (g) LEVEL 7
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1 316.027(1)(b) 1st Accident involving death, failure
2 to stop; leaving scene.
3 316.193(3)(c)2. 3rd DUI resulting in serious bodily
4 injury.
5 316.1935(3)(b) 1st Causing serious bodily injury or
6 death to another person; driving
7 at high speed or with wanton
8 disregard for safety while
9 fleeing or attempting to elude
10 law enforcement officer who is in
11 a patrol vehicle with siren and
12 lights activated.
13 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
14 bodily injury.
15 402.319(2) 2nd Misrepresentation and negligence
16 or intentional act resulting in
17 great bodily harm, permanent
18 disfiguration, permanent
19 disability, or death.
20 409.920(2) 3rd Medicaid provider fraud.
21 456.065(2) 3rd Practicing a health care
22 profession without a license.
23 456.065(2) 2nd Practicing a health care
24 profession without a license
25 which results in serious bodily
26 injury.
27 458.327(1) 3rd Practicing medicine without a
28 license.
29 459.013(1) 3rd Practicing osteopathic medicine
30 without a license.
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1 460.411(1) 3rd Practicing chiropractic medicine
2 without a license.
3 461.012(1) 3rd Practicing podiatric medicine
4 without a license.
5 462.17 3rd Practicing naturopathy without a
6 license.
7 463.015(1) 3rd Practicing optometry without a
8 license.
9 464.016(1) 3rd Practicing nursing without a
10 license.
11 465.015(2) 3rd Practicing pharmacy without a
12 license.
13 466.026(1) 3rd Practicing dentistry or dental
14 hygiene without a license.
15 467.201 3rd Practicing midwifery without a
16 license.
17 468.366 3rd Delivering respiratory care
18 services without a license.
19 483.828(1) 3rd Practicing as clinical laboratory
20 personnel without a license.
21 483.901(9) 3rd Practicing medical physics
22 without a license.
23 484.013(1)(c) 3rd Preparing or dispensing optical
24 devices without a prescription.
25 484.053 3rd Dispensing hearing aids without a
26 license.
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1 494.0018(2) 1st Conviction of any violation of
2 ss. 494.001-494.0077 in which the
3 total money and property
4 unlawfully obtained exceeded
5 $50,000 and there were five or
6 more victims.
7 560.123(8)(b)1. 3rd Failure to report currency or
8 payment instruments exceeding
9 $300 but less than $20,000 by
10 money transmitter.
11 560.125(5)(a) 3rd Money transmitter business by
12 unauthorized person, currency or
13 payment instruments exceeding
14 $300 but less than $20,000.
15 655.50(10)(b)1. 3rd Failure to report financial
16 transactions exceeding $300 but
17 less than $20,000 by financial
18 institution.
19 775.21(10)(a) 3rd Sexual predator; failure to
20 register; failure to renew
21 driver's license or
22 identification card; other
23 registration violations.
24 775.21(10)(b) 3rd Sexual predator working where
25 children regularly congregate.
26 775.21(10)(g) 3rd Failure to report or providing
27 false information about a sexual
28 predator; harbor or conceal a
29 sexual predator.
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1 782.051(3) 2nd Attempted felony murder of a
2 person by a person other than the
3 perpetrator or the perpetrator of
4 an attempted felony.
5 782.07(1) 2nd Killing of a human being by the
6 act, procurement, or culpable
7 negligence of another
8 (manslaughter).
9 782.071 2nd Killing of human being or viable
10 fetus by the operation of a motor
11 vehicle in a reckless manner
12 (vehicular homicide).
13 782.072 2nd Killing of a human being by the
14 operation of a vessel in a
15 reckless manner (vessel
16 homicide).
17 784.045(1)(a)1. 2nd Aggravated battery; intentionally
18 causing great bodily harm or
19 disfigurement.
20 784.045(1)(a)2. 2nd Aggravated battery; using deadly
21 weapon.
22 784.045(1)(b) 2nd Aggravated battery; perpetrator
23 aware victim pregnant.
24 784.048(4) 3rd Aggravated stalking; violation of
25 injunction or court order.
26 784.048(7) 3rd Aggravated stalking; violation of
27 court order.
28 784.07(2)(d) 1st Aggravated battery on law
29 enforcement officer.
30 784.074(1)(a) 1st Aggravated battery on sexually
31 violent predators facility staff.
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1 784.08(2)(a) 1st Aggravated battery on a person 65
2 years of age or older.
3 784.081(1) 1st Aggravated battery on specified
4 official or employee.
5 784.082(1) 1st Aggravated battery by detained
6 person on visitor or other
7 detainee.
8 784.083(1) 1st Aggravated battery on code
9 inspector.
10 790.07(4) 1st Specified weapons violation
11 subsequent to previous conviction
12 of s. 790.07(1) or (2).
13 790.16(1) 1st Discharge of a machine gun under
14 specified circumstances.
15 790.165(2) 2nd Manufacture, sell, possess, or
16 deliver hoax bomb.
17 790.165(3) 2nd Possessing, displaying, or
18 threatening to use any hoax bomb
19 while committing or attempting to
20 commit a felony.
21 790.166(3) 2nd Possessing, selling, using, or
22 attempting to use a hoax weapon
23 of mass destruction.
24 790.166(4) 2nd Possessing, displaying, or
25 threatening to use a hoax weapon
26 of mass destruction while
27 committing or attempting to
28 commit a felony.
29 796.03 2nd Procuring any person under 16
30 years for prostitution.
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1 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
2 victim less than 12 years of age;
3 offender less than 18 years.
4 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
5 victim 12 years of age or older
6 but less than 16 years; offender
7 18 years or older.
8 806.01(2) 2nd Maliciously damage structure by
9 fire or explosive.
10 810.02(3)(a) 2nd Burglary of occupied dwelling;
11 unarmed; no assault or battery.
12 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
13 unarmed; no assault or battery.
14 810.02(3)(d) 2nd Burglary of occupied conveyance;
15 unarmed; no assault or battery.
16 812.014(2)(a)1. 1st Property stolen, valued at
17 $100,000 or more or a semitrailer
18 deployed by a law enforcement
19 officer; property stolen while
20 causing other property damage;
21 1st degree grand theft.
22 812.014(2)(b)2. 2nd Property stolen, cargo valued at
23 less than $50,000, grand theft in
24 2nd degree.
25 812.014(2)(b)3. 2nd Property stolen, emergency
26 medical equipment; 2nd degree
27 grand theft.
28 812.0145(2)(a) 1st Theft from person 65 years of age
29 or older; $50,000 or more.
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1 812.019(2) 1st Stolen property; initiates,
2 organizes, plans, etc., the theft
3 of property and traffics in
4 stolen property.
5 812.131(2)(a) 2nd Robbery by sudden snatching.
6 812.133(2)(b) 1st Carjacking; no firearm, deadly
7 weapon, or other weapon.
8 817.234(8)(a) 2nd Solicitation of motor vehicle
9 accident victims with intent to
10 defraud.
11 817.234(9) 2nd Organizing, planning, or
12 participating in an intentional
13 motor vehicle collision.
14 817.234(11)(c) 1st Insurance fraud; property value
15 $100,000 or more.
16 817.2341(2)(b)&
17 (3)(b) 1st Making false entries of material
18 fact or false statements
19 regarding property values
20 relating to the solvency of an
21 insuring entity which are a
22 significant cause of the
23 insolvency of that entity.
24 825.102(3)(b) 2nd Neglecting an elderly person or
25 disabled adult causing great
26 bodily harm, disability, or
27 disfigurement.
28 825.103(2)(b) 2nd Exploiting an elderly person or
29 disabled adult and property is
30 valued at $20,000 or more, but
31 less than $100,000.
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1 827.03(3)(b) 2nd Neglect of a child causing great
2 bodily harm, disability, or
3 disfigurement.
4 827.04(3) 3rd Impregnation of a child under 16
5 years of age by person 21 years
6 of age or older.
7 837.05(2) 3rd Giving false information about
8 alleged capital felony to a law
9 enforcement officer.
10 838.015 2nd Bribery.
11 838.016 2nd Unlawful compensation or reward
12 for official behavior.
13 838.021(3)(a) 2nd Unlawful harm to a public
14 servant.
15 838.22 2nd Bid tampering.
16 847.0135(3) 3rd Solicitation of a child, via a
17 computer service, to commit an
18 unlawful sex act.
19 872.06 2nd Abuse of a dead human body.
20 893.13(1)(c)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 a
25 child care facility, school, or
26 state, county, or municipal park
27 or publicly owned recreational
28 facility or community center.
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1 893.13(1)(e)1. 1st Sell, manufacture, or deliver
2 cocaine or other drug prohibited
3 under s. 893.03(1)(a), (1)(b),
4 (1)(d), (2)(a), (2)(b), or
5 (2)(c)4., within 1,000 feet of
6 property used for religious
7 services or a specified business
8 site.
9 893.13(4)(a) 1st Deliver to minor cocaine (or
10 other s. 893.03(1)(a), (1)(b),
11 (1)(d), (2)(a), (2)(b), or
12 (2)(c)4. drugs).
13 893.135(1)(a)1. 1st Trafficking in cannabis, more
14 than 25 lbs., less than 2,000
15 lbs.
16 893.135
17 (1)(b)1.a. 1st Trafficking in cocaine, more than
18 28 grams, less than 200 grams.
19 893.135
20 (1)(c)1.a. 1st Trafficking in illegal drugs,
21 more than 4 grams, less than 14
22 grams.
23 893.135
24 (1)(d)1. 1st Trafficking in phencyclidine,
25 more than 28 grams, less than 200
26 grams.
27 893.135(1)(e)1. 1st Trafficking in methaqualone, more
28 than 200 grams, less than 5
29 kilograms.
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1 893.135(1)(f)1. 1st Trafficking in amphetamine, more
2 than 14 grams, less than 28
3 grams.
4 893.135
5 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
6 grams or more, less than 14
7 grams.
8 893.135
9 (1)(h)1.a. 1st Trafficking in
10 gamma-hydroxybutyric acid (GHB),
11 1 kilogram or more, less than 5
12 kilograms.
13 893.135
14 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1
15 kilogram or more, less than 5
16 kilograms.
17 893.135
18 (1)(k)2.a. 1st Trafficking in Phenethylamines,
19 10 grams or more, less than 200
20 grams.
21 893.147(1)(c) 2nd Use or possession of drug
22 paraphernalia related to
23 production of methamphetamine.
24 896.101(5)(a) 3rd Money laundering, financial
25 transactions exceeding $300 but
26 less than $20,000.
27 896.104(4)(a)1. 3rd Structuring transactions to evade
28 reporting or registration
29 requirements, financial
30 transactions exceeding $300 but
31 less than $20,000.
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1 943.0435(4)(c) 2nd Sexual offender vacating
2 permanent residence; failure to
3 comply with reporting
4 requirements.
5 943.0435(8) 2nd Sexual offender; remains in state
6 after indicating intent to leave;
7 failure to comply with reporting
8 requirements.
9 943.0435(9)(a) 3rd Sexual offender; failure to
10 comply with reporting
11 requirements.
12 943.0435(13) 3rd Failure to report or providing
13 false information about a sexual
14 offender; harbor or conceal a
15 sexual offender.
16 943.0435(14) 3rd Sexual offender; failure to
17 report and reregister; failure to
18 respond to address verification.
19 944.607(9) 3rd Sexual offender; failure to
20 comply with reporting
21 requirements.
22 944.607(10)(a) 3rd Sexual offender; failure to
23 submit to the taking of a
24 digitized photograph.
25 944.607(12) 3rd Failure to report or providing
26 false information about a sexual
27 offender; harbor or conceal a
28 sexual offender.
29 944.607(13) 3rd Sexual offender; failure to
30 report and reregister; failure to
31 respond to address verification.
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1 Section 4. This act shall take effect July 1, 2007.
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3 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
4 SB 1718
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6 The committee substitute:
7 -- Adds salvinorin A to the statutory list of Schedule I
controlled substances, meaning it has a high potential
8 for abuse and currently has no accepted medical use in
treatment in the United States.
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-- Changes the title of the bill to be "An act relating to
10 controlled substances."
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