CS/HB 173

1	A bill to be entitled
2	An act relating to controlled substances; amending s.
3	893.02, F.S.; defining the term "cultivating" for
4	specified purposes; amending s. 893.1351, F.S.;
5	prohibiting a person from owning or actually or
6	constructively possessing a place, structure, trailer, or
7	other described place with knowledge that the place will
8	be used to manufacture, sell, or traffic in a controlled
9	substance; providing that possession of a specified number
10	or more of cannabis plants constitutes prima facie
11	evidence of intent to sell or distribute; providing that a
12	person with actual or constructive possession of a place,
13	structure, trailer, or conveyance being used to
14	manufacture a controlled substance for sale and
15	distribution commits a felony of the first degree if a
16	minor is present or resides in the place, structure,
17	trailer, or conveyance; providing criminal penalties;
18	amending s. 893.10, F.S.; providing that equipment used in
19	the manufacture of controlled substances may be
20	photographed or video recorded and the photograph or video
21	recording used as evidence for later use at trial;
22	providing for the destruction of the equipment; amending
23	s. 921.0022, F.S.; ranking specified offenses in the
24	offense severity ranking chart of the Criminal Punishment
25	Code; amending ss. 465.016, 465.023, and 893.135, F.S.;
26	conforming cross-references; providing an effective date.
27
28	Be It Enacted by the Legislature of the State of Florida:
29
30	Section 1.  Subsections (5) through (21) of section 893.02,
31	Florida Statutes, are renumbered as subsections (6) through
32	(22), respectively, and a new subsection (5) is added to that
33	section to read:
34	893.02  Definitions.--The following words and phrases as
35	used in this chapter shall have the following meanings, unless
36	the context otherwise requires:
37	(5)  "Cultivating" means the preparation of any soil or
38	hydroponic medium for the planting of a controlled substance or
39	the tending and care or harvesting of a controlled substance.
40	Section 2.  Section 893.1351, Florida Statutes, is amended
41	to read:
42	893.1351  Ownership, lease, rental, or possession or rent
43	for the purpose of trafficking in or manufacturing a controlled
44	substance.--
45	(1)  A person may not own, lease, or rent any place,
46	structure, or part thereof, trailer, or other conveyance, with
47	the knowledge that the such place, structure, trailer, or
48	conveyance will be used for the purpose of trafficking in a
49	controlled substance, as provided in s. 893.135; for, or the
50	sale of a controlled substance, as provided in s. 893.13; or for
51	the manufacture of a controlled substance intended for sale or
52	distribution to another. A person who violates this subsection
53	commits a felony of the third degree, punishable as provided in
54	s. 775.082, s. 775.083, or s. 775.084.
55	(2)  A person may not knowingly be in actual or
56	constructive possession of any place, structure, or part
57	thereof, trailer, or other conveyance with the knowledge that
58	the place, structure, or part thereof, trailer, or conveyance
59	will be used for the purpose of trafficking in a controlled
60	substance, as provided in s. 893.135; for the sale of a
61	controlled substance, as provided in s. 893.13; or for the
62	manufacture of a controlled substance intended for sale or
63	distribution to another. A person who violates this subsection
64	commits a felony of the second degree, punishable as provided in
65	s. 775.082, s. 775.083, or s. 775.084.
66	(3)  A person who is in actual or constructive possession
67	of a place, structure, trailer, or conveyance with the knowledge
68	that the place, structure, trailer, or conveyance is being used
69	to manufacture a controlled substance intended for sale or
70	distribution to another and who knew or should have known that a
71	minor is present or resides in the place, structure, trailer, or
72	conveyance commits a felony of the first degree, punishable as
73	provided in s. 775.082, s. 775.083, or s. 775.084.
74	(4)  For the purposes of this section, proof of the
75	possession of 25 or more cannabis plants constitutes prima facie
76	evidence that the cannabis is intended for sale or distribution.
77	(2)  A person who violates subsection (1) is guilty of a
78	felony of the third degree, punishable as provided in s.
79	775.082, s. 775.083, or s. 775.084.
80	Section 3.  Section 893.10, Florida Statutes, is amended to
81	read:
82	893.10  Burden of proof; photograph or video recording of
83	evidence.--
84	(1)  It is shall not be necessary for the state to negative
85	any exemption or exception set forth in this chapter in any
86	indictment, information, or other pleading or in any trial,
87	hearing, or other proceeding under this chapter, and the burden
88	of going forward with the evidence with respect to any such
89	exemption or exception is shall be upon the person claiming its
90	benefit.
91	(2)  In the case of a person charged under s. 893.14(1)
92	with the possession of a controlled substance, the label
93	required under s. 893.04(1) or s. 893.05(2) is shall be
94	admissible in evidence and shall be prima facie evidence that
95	such substance was obtained pursuant to a valid prescription
96	form or dispensed by a practitioner while acting in the course
97	of his or her professional practice.
98	(3)  In the prosecution of an offense involving the
99	manufacture of a controlled substance, a photograph or video
100	recording of the manufacturing equipment used in committing the
101	offense, including, but not limited to, grow lights, growing
102	trays, and chemical fertilizers, may be introduced as competent
103	evidence of the existence and use of the equipment and is
104	admissible in the prosecution of the offense to the same extent
105	as if the property were introduced as evidence.
106	(4)  After a law enforcement agency documents the
107	manufacturing equipment by photography or video recording, the
108	manufacturing equipment may be destroyed on site and left in
109	disrepair. The law enforcement agency destroying the equipment
110	is immune from civil liability for the destruction of the
111	equipment. The destruction of the equipment must be recorded by
112	the supervising law enforcement officer in the manner described
113	in s. 893.12(1)(a) and records must be maintained for 24 months.
114	Section 4.  Paragraphs (e), (g), and (h) of subsection (3)
115	of section 921.0022, Florida Statutes, are amended to read:
116	921.0022  Criminal Punishment Code; offense severity
117	ranking chart.--
118	(3)  OFFENSE SEVERITY RANKING CHART
119	(e)  LEVEL 5
120
	FloridaStatute FelonyDegree Description
121
	316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
122
	316.1935(4)(a) 2nd Aggravated fleeing or eluding.
123
	322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
124
	327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
125
	381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
126
	440.10(1)(g) 2nd Failure to obtain workers' compensation coverage.
127
	440.105(5) 2nd Unlawful solicitation for the purpose of making workers' compensation claims.
128
	440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers' compensation premiums.
129
	624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
130
	626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
131
	790.01(2) 3rd Carrying a concealed firearm.
132
	790.162 2nd Threat to throw or discharge destructive device.
133
	790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
134
	790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
135
	790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
136
	800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
137
	800.04(7)(c) 2nd Lewd or lascivious exhibition; offender 18 years or older.
138
	806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
139
	812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
140
	812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
141
	812.019(1) 2nd Stolen property; dealing in or trafficking in.
142
	812.131(2)(b) 3rd Robbery by sudden snatching.
143
	812.16(2) 3rd Owning, operating, or conducting a chop shop.
144
	817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
145
	817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
146
	817.2341(1),(2)(a)& (3)(a) 3rd Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
147
	817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more individuals.
148
	817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
149
	825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
150
	827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
151
	827.071(5) 3rd Possess any photographic material, motion picture, etc., which includes sexual conduct by a child.
152
	839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
153
	843.01 3rd Resist officer with violence to person; resist arrest with violence.
154
	847.0137(2)&(3) 3rd Transmission of pornography by electronic device or equipment.
155
	847.0138(2)&(3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
156
	874.05(2) 2nd Encouraging or recruiting another to join a criminal street gang; second or subsequent offense.
157
	893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
158
	893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
159
	893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university.
160
	893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
161
	893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of public housing facility.
162
	893.13(4)(b) 2nd Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
163
	893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
164
165	(g)  LEVEL 7
166
	FloridaStatute FelonyDegree Description
167
	316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
168
	316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
169
	316.1935(3)(b) 1st Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
170
	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
171
	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
172
	409.920(2) 3rd Medicaid provider fraud.
173
	456.065(2) 3rd Practicing a health care profession without a license.
174
	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
175
	458.327(1) 3rd Practicing medicine without a license.
176
	459.013(1) 3rd Practicing osteopathic medicine without a license.
177
	460.411(1) 3rd Practicing chiropractic medicine without a license.
178
	461.012(1) 3rd Practicing podiatric medicine without a license.
179
	462.17 3rd Practicing naturopathy without a license.
180
	463.015(1) 3rd Practicing optometry without a license.
181
	464.016(1) 3rd Practicing nursing without a license.
182
	465.015(2) 3rd Practicing pharmacy without a license.
183
	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
184
	467.201 3rd Practicing midwifery without a license.
185
	468.366 3rd Delivering respiratory care services without a license.
186
	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
187
	483.901(9) 3rd Practicing medical physics without a license.
188
	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
189
	484.053 3rd Dispensing hearing aids without a license.
190
	494.0018(2) 1st Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
191
	560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
192
	560.125(5)(a) 3rd Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
193
	655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
194
	775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations.
195
	775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
196
	775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
197
	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
198
	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
199
	782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
200
	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
201
	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
202
	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
203
	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
204
	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
205
	784.048(7) 3rd Aggravated stalking; violation of court order.
206
	784.07(2)(d) 1st Aggravated battery on law enforcement officer.
207
	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
208
	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
209
	784.081(1) 1st Aggravated battery on specified official or employee.
210
	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
211
	784.083(1) 1st Aggravated battery on code inspector.
212
	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
213
	790.16(1) 1st Discharge of a machine gun under specified circumstances.
214
	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
215
	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
216
	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
217
	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
218
	794.08(4) 3rd Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
219
	796.03 2nd Procuring any person under 16 years for prostitution.
220
	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
221
	800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
222
	806.01(2) 2nd Maliciously damage structure by fire or explosive.
223
	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
224
	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
225
	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
226
	810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
227
	812.014(2)(a)1. 1st Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
228
	812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
229
	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
230
	812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
231
	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
232
	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
233
	812.131(2)(a) 2nd Robbery by sudden snatching.
234
	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
235
	817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
236
	817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
237
	817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
238
	817.2341(2)(b)&(3)(b) 1st Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
239
	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
240
	825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
241
	827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
242
	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
243
	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
244
	838.015 2nd Bribery.
245
	838.016 2nd Unlawful compensation or reward for official behavior.
246
	838.021(3)(a) 2nd Unlawful harm to a public servant.
247
	838.22 2nd Bid tampering.
248
	847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
249
	847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
250
	872.06 2nd Abuse of a dead human body.
251
	893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
252
	893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
253
	893.13(4)(a) 1st Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
254
	893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
255
	893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
256
	893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
257
	893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
258
	893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
259
	893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
260
	893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
261
	893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
262
	893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
263
	893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
264
	893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
265
	896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
266
	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
267
	943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
268
	943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
269
	943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
270
	943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
271
	943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
272
	944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
273
	944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
274
	944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
275
	944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
276
	985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
277
	985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
278
	985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
279
280	(h)  LEVEL 8
281
	FloridaStatute FelonyDegree Description
282
	316.193(3)(c)3.a. 2nd DUI manslaughter.
283
	316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
284
	327.35(3)(c)3. 2nd Vessel BUI manslaughter.
285
	499.0051(7) 1st Forgery of prescription or legend drug labels.
286
	499.0052 1st Trafficking in contraband legend drugs.
287
	560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
288
	560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
289
	655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
290
	777.03(2)(a) 1st Accessory after the fact, capital felony.
291
	782.04(4) 2nd Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aircraft piracy, or unlawfully discharging bomb.
292
	782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
293
	782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
294
	782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
295
	790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
296
	794.011(5) 2nd Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
297
	794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state.
298
	800.04(4) 2nd Lewd or lascivious battery.
299
	806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
300
	810.02(2)(a) 1st,PBL Burglary with assault or battery.
301
	810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
302
	810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
303
	812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
304
	812.13(2)(b) 1st Robbery with a weapon.
305
	812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
306
	817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
307
	825.102(2) 2nd Aggravated abuse of an elderly person or disabled adult.
308
	825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
309
	825.103(2)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.
310
	837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
311
	837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
312
	860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
313
	860.16 1st Aircraft piracy.
314
	893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
315
	893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
316
	893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
317
	893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
318
	893.135(1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
319
	893.135(1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
320
	893.135(1)(d)1.b. 1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
321
	893.135(1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
322
	893.135(1)(f)1.b. 1st Trafficking in amphetamine, more than 28 grams, less than 200 grams.
323
	893.135(1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
324
	893.135(1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
325
	893.135(1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
326
	893.135(1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
327
	893.1351(3) 1st Possession of a place used to manufacture controlled substance when minor is present or resides there.
328
	895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
329
	895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
330
	895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
331
	896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
332
	896.104(4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
333
334	Section 5.  Paragraph (s) of subsection (1) of section
335	465.016, Florida Statutes, is amended to read:
336	465.016  Disciplinary actions.--
337	(1)  The following acts constitute grounds for denial of a
338	license or disciplinary action, as specified in s. 456.072(2):
339	(s)  Dispensing any medicinal drug based upon a
340	communication that purports to be a prescription as defined by
341	s. 465.003(14) or s. 893.02 893.02(20) when the pharmacist knows
342	or has reason to believe that the purported prescription is not
343	based upon a valid practitioner-patient relationship.
344	Section 6.  Paragraph (e) of subsection (1) of section
345	465.023, Florida Statutes, is amended to read:
346	465.023  Pharmacy permittee; disciplinary action.--
347	(1)  The department or the board may revoke or suspend the
348	permit of any pharmacy permittee, and may fine, place on
349	probation, or otherwise discipline any pharmacy permittee who
350	has:
351	(e)  Dispensed any medicinal drug based upon a
352	communication that purports to be a prescription as defined by
353	s. 465.003(14) or s. 893.02 893.02(20) when the pharmacist knows
354	or has reason to believe that the purported prescription is not
355	based upon a valid practitioner-patient relationship that
356	includes a documented patient evaluation, including history and
357	a physical examination adequate to establish the diagnosis for
358	which any drug is prescribed and any other requirement
359	established by board rule under chapter 458, chapter 459,
360	chapter 461, chapter 463, chapter 464, or chapter 466.
361	Section 7.  Subsection (6) of section 893.135, Florida
362	Statutes, is amended to read:
363	893.135  Trafficking; mandatory sentences; suspension or
364	reduction of sentences; conspiracy to engage in trafficking.--
365	(6)  A mixture, as defined in s. 893.02 893.02(14),
366	containing any controlled substance described in this section
367	includes, but is not limited to, a solution or a dosage unit,
368	including but not limited to, a pill or tablet, containing a
369	controlled substance. For the purpose of clarifying legislative
370	intent regarding the weighing of a mixture containing a
371	controlled substance described in this section, the weight of
372	the controlled substance is the total weight of the mixture,
373	including the controlled substance and any other substance in
374	the mixture. If there is more than one mixture containing the
375	same controlled substance, the weight of the controlled
376	substance is calculated by aggregating the total weight of each
377	mixture.
378	Section 8.  This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.