Florida Senate - 2008 PROPOSED COMMITTEE SUBSTITUTE
Bill No. SB's 340 & 1612
185356
CJ.CJ.04181
Proposed Committee Substitute by the Committee on Criminal Justice
1
A bill to be entitled
2
An act relating to; controlled substances; amending s.
3
893.03, F.S.; including Salvia divinorum and Salvinorin A
4
on the list of controlled substances in Schedule I;
5
providing exceptions from the scheduling of Salvia
6
divinorum and Salvinorin A; reenacting ss. 893.13(1)(a),
7
(c), (d), (e), (f), and (h), (2)(a), (4)(b), and (5)(b),
8
and 921.0022(3)(b), (c), and (e), F.S., relating to
9
prohibited acts and penalties concerning controlled
10
substances and the offense severity chart of the Criminal
11
Punishment Code, to incorporate the amendment to s.
12
893.03, F.S., in references thereto; providing an
13
effective date.
14
15
Be It Enacted by the Legislature of the State of Florida:
16
17
Section 1. Paragraph (c) of subsection (1) of section
18
893.03, Florida Statutes, is amended to read:
19
893.03 Standards and schedules.--The substances enumerated
20
in this section are controlled by this chapter. The controlled
21
substances listed or to be listed in Schedules I, II, III, IV,
22
and V are included by whatever official, common, usual, chemical,
23
or trade name designated. The provisions of this section shall
24
not be construed to include within any of the schedules contained
25
in this section any excluded drugs listed within the purview of
26
21 C.F.R. s. 1308.22, styled "Excluded Substances"; 21 C.F.R. s.
27
1308.24, styled "Exempt Chemical Preparations"; 21 C.F.R. s.
28
1308.32, styled "Exempted Prescription Products"; or 21 C.F.R. s.
29
1308.34, styled "Exempt Anabolic Steroid Products."
30
(1) SCHEDULE I.--A substance in Schedule I has a high
31
potential for abuse and has no currently accepted medical use in
32
treatment in the United States and in its use under medical
33
supervision does not meet accepted safety standards. The
34
following substances are controlled in Schedule I:
35
(c) Unless specifically excepted or unless listed in
36
another schedule, any material, compound, mixture, or preparation
37
which contains any quantity of the following hallucinogenic
38
substances or which contains any of their salts, isomers, and
39
salts of isomers, whenever the existence of such salts, isomers,
40
and salts of isomers is possible within the specific chemical
41
designation:
42
1. Alpha-ethyltryptamine.
43
2. 2-Amino-4-methyl-5-phenyl-2-oxazoline (4-
44
methylaminorex).
45
3. 2-Amino-5-phenyl-2-oxazoline (Aminorex).
46
4. 4-Bromo-2,5-dimethoxyamphetamine.
47
5. 4-Bromo-2, 5-dimethoxyphenethylamine.
48
6. Bufotenine.
49
7. Cannabis.
50
8. Cathinone.
51
9. Diethyltryptamine.
52
10. 2,5-Dimethoxyamphetamine.
53
11. 2,5-Dimethoxy-4-ethylamphetamine (DOET).
54
12. Dimethyltryptamine.
55
13. N-Ethyl-1-phenylcyclohexylamine (PCE) (Ethylamine
56
analog of phencyclidine).
57
14. N-Ethyl-3-piperidyl benzilate.
58
15. N-ethylamphetamine.
59
16. Fenethylline.
60
17. N-Hydroxy-3,4-methylenedioxyamphetamine.
61
18. Ibogaine.
62
19. Lysergic acid diethylamide (LSD).
63
20. Mescaline.
64
21. Methcathinone.
65
22. 5-Methoxy-3,4-methylenedioxyamphetamine.
66
23. 4-methoxyamphetamine.
67
24. 4-methoxymethamphetamine.
68
25. 4-Methyl-2,5-dimethoxyamphetamine.
69
26. 3,4-Methylenedioxy-N-ethylamphetamine.
70
27. 3,4-Methylenedioxyamphetamine.
71
28. N-Methyl-3-piperidyl benzilate.
72
29. N,N-dimethylamphetamine.
73
30. Parahexyl.
74
31. Peyote.
75
32. N-(1-Phenylcyclohexyl)-pyrrolidine (PCPY) (Pyrrolidine
76
analog of phencyclidine).
77
33. Psilocybin.
78
34. Psilocyn.
79
35. Salvia divinorum, except for any drug product approved
80
by the United States Food and Drug Administration which contains
81
Salvia divinorum or its isomers, esters, ethers, salts, and salts
82
of isomers, esters, and ethers, whenever the existence of such
83
isomers, esters, ethers, and salts is possible within the
84
specific chemical designation.
85
36. Salvinorin A, except for any drug product approved by
86
the United States Food and Drug Administration which contains
87
Salvinorin A or its isomers, esters, ethers, salts, and salts of
88
isomers, esters, and ethers, whenever the existence of such
89
isomers, esters, ethers, and salts is possible within the
90
specific chemical designation.
91
37.35. Tetrahydrocannabinols.
92
38.36. 1-[1-(2-Thienyl)-cyclohexyl]-piperidine (TCP)
93
(Thiophene analog of phencyclidine).
94
39.37. 3,4,5-Trimethoxyamphetamine.
95
Section 2. For the purpose of incorporating the amendment
96
made by this act to section 893.03, Florida Statutes, in
97
references thereto, paragraphs (a), (c), (d), (e), (f), and (h)
98
of subsection (1), paragraph (a) of subsection (2), paragraph (b)
99
of subsection (4), and paragraph (b) of subsection (5) of section
100
893.13, Florida Statutes, are reenacted to read:
101
893.13 Prohibited acts; penalties.--
102
(1)(a) Except as authorized by this chapter and chapter
103
499, it is unlawful for any person to sell, manufacture, or
104
deliver, or possess with intent to sell, manufacture, or deliver,
105
a controlled substance. Any person who violates this provision
106
with respect to:
107
1. A controlled substance named or described in s.
108
893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
109
commits a felony of the second degree, punishable as provided in
110
s. 775.082, s. 775.083, or s. 775.084.
111
2. A controlled substance named or described in s.
112
893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
113
(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of the
114
third degree, punishable as provided in s. 775.082, s. 775.083,
115
or s. 775.084.
116
3. A controlled substance named or described in s.
117
893.03(5) commits a misdemeanor of the first degree, punishable
118
as provided in s. 775.082 or s. 775.083.
119
(c) Except as authorized by this chapter, it is unlawful
120
for any person to sell, manufacture, or deliver, or possess with
121
intent to sell, manufacture, or deliver, a controlled substance
122
in, on, or within 1,000 feet of the real property comprising a
123
child care facility as defined in s. 402.302 or a public or
124
private elementary, middle, or secondary school between the hours
125
of 6 a.m. and 12 midnight, or at any time in, on, or within 1,000
126
feet of real property comprising a state, county, or municipal
127
park, a community center, or a publicly owned recreational
128
facility. For the purposes of this paragraph, the term "community
129
center" means a facility operated by a nonprofit community-based
130
organization for the provision of recreational, social, or
131
educational services to the public. Any person who violates this
132
paragraph with respect to:
133
1. A controlled substance named or described in s.
134
893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
135
commits a felony of the first degree, punishable as provided in
136
s. 775.082, s. 775.083, or s. 775.084. The defendant must be
137
sentenced to a minimum term of imprisonment of 3 calendar years
138
unless the offense was committed within 1,000 feet of the real
139
property comprising a child care facility as defined in s.
140
402.302.
141
2. A controlled substance named or described in s.
142
893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
143
(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of the
144
second degree, punishable as provided in s. 775.082, s. 775.083,
145
or s. 775.084.
146
3. Any other controlled substance, except as lawfully sold,
147
manufactured, or delivered, must be sentenced to pay a $500 fine
148
and to serve 100 hours of public service in addition to any other
149
penalty prescribed by law.
150
151
This paragraph does not apply to a child care facility unless the
152
owner or operator of the facility posts a sign that is not less
153
than 2 square feet in size with a word legend identifying the
154
facility as a licensed child care facility and that is posted on
155
the property of the child care facility in a conspicuous place
156
where the sign is reasonably visible to the public.
157
(d) Except as authorized by this chapter, it is unlawful
158
for any person to sell, manufacture, or deliver, or possess with
159
intent to sell, manufacture, or deliver, a controlled substance
160
in, on, or within 1,000 feet of the real property comprising a
161
public or private college, university, or other postsecondary
162
educational institution. Any person who violates this paragraph
163
with respect to:
164
1. A controlled substance named or described in s.
165
893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
166
commits a felony of the first degree, punishable as provided in
167
s. 775.082, s. 775.083, or s. 775.084.
168
2. A controlled substance named or described in s.
169
893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
170
(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of the
171
second degree, punishable as provided in s. 775.082, s. 775.083,
172
or s. 775.084.
173
3. Any other controlled substance, except as lawfully sold,
174
manufactured, or delivered, must be sentenced to pay a $500 fine
175
and to serve 100 hours of public service in addition to any other
176
penalty prescribed by law.
177
(e) Except as authorized by this chapter, it is unlawful
178
for any person to sell, manufacture, or deliver, or possess with
179
intent to sell, manufacture, or deliver, a controlled substance
180
not authorized by law in, on, or within 1,000 feet of a physical
181
place for worship at which a church or religious organization
182
regularly conducts religious services or within 1,000 feet of a
183
convenience business as defined in s. 812.171. Any person who
184
violates this paragraph with respect to:
185
1. A controlled substance named or described in s.
186
893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
187
commits a felony of the first degree, punishable as provided in
188
s. 775.082, s. 775.083, or s. 775.084.
189
2. A controlled substance named or described in s.
190
893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
191
(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of the
192
second degree, punishable as provided in s. 775.082, s. 775.083,
193
or s. 775.084.
194
3. Any other controlled substance, except as lawfully sold,
195
manufactured, or delivered, must be sentenced to pay a $500 fine
196
and to serve 100 hours of public service in addition to any other
197
penalty prescribed by law.
198
(f) Except as authorized by this chapter, it is unlawful
199
for any person to sell, manufacture, or deliver, or possess with
200
intent to sell, manufacture, or deliver, a controlled substance
201
in, on, or within 1,000 feet of the real property comprising a
202
public housing facility at any time. For purposes of this
203
section, the term "real property comprising a public housing
204
facility" means real property, as defined in s. 421.03(12), of a
205
public corporation created as a housing authority pursuant to
206
part I of chapter 421. Any person who violates this paragraph
207
with respect to:
208
1. A controlled substance named or described in s.
209
893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
210
commits a felony of the first degree, punishable as provided in
211
s. 775.082, s. 775.083, or s. 775.084.
212
2. A controlled substance named or described in s.
213
893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
214
(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of the
215
second degree, punishable as provided in s. 775.082, s. 775.083,
216
or s. 775.084.
217
3. Any other controlled substance, except as lawfully sold,
218
manufactured, or delivered, must be sentenced to pay a $500 fine
219
and to serve 100 hours of public service in addition to any other
220
penalty prescribed by law.
221
(h) Except as authorized by this chapter, it is unlawful
222
for any person to sell, manufacture, or deliver, or possess with
223
intent to sell, manufacture, or deliver, a controlled substance
224
in, on, or within 1,000 feet of the real property comprising an
225
assisted living facility, as that term is used in chapter 429.
226
Any person who violates this paragraph with respect to:
227
1. A controlled substance named or described in s.
228
893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. commits
229
a felony of the first degree, punishable as provided in s.
230
775.082, s. 775.083, or s. 775.084.
231
2. A controlled substance named or described in s.
232
893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
233
(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of the
234
second degree, punishable as provided in s. 775.082, s. 775.083,
235
or s. 775.084.
236
(2)(a) Except as authorized by this chapter and chapter
237
499, it is unlawful for any person to purchase, or possess with
238
intent to purchase, a controlled substance. Any person who
239
violates this provision with respect to:
240
1. A controlled substance named or described in s.
241
893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
242
commits a felony of the second degree, punishable as provided in
243
s. 775.082, s. 775.083, or s. 775.084.
244
2. A controlled substance named or described in s.
245
893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
246
(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of the
247
third degree, punishable as provided in s. 775.082, s. 775.083,
248
or s. 775.084.
249
3. A controlled substance named or described in s.
250
893.03(5) commits a misdemeanor of the first degree, punishable
251
as provided in s. 775.082 or s. 775.083.
252
(4) Except as authorized by this chapter, it is unlawful
253
for any person 18 years of age or older to deliver any controlled
254
substance to a person under the age of 18 years, or to use or
255
hire a person under the age of 18 years as an agent or employee
256
in the sale or delivery of such a substance, or to use such
257
person to assist in avoiding detection or apprehension for a
258
violation of this chapter. Any person who violates this provision
259
with respect to:
260
(b) A controlled substance named or described in s.
261
893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
262
(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of the
263
second degree, punishable as provided in s. 775.082, s. 775.083,
264
or s. 775.084.
265
266
Imposition of sentence may not be suspended or deferred, nor
267
shall the person so convicted be placed on probation.
268
(5) It is unlawful for any person to bring into this state
269
any controlled substance unless the possession of such controlled
270
substance is authorized by this chapter or unless such person is
271
licensed to do so by the appropriate federal agency. Any person
272
who violates this provision with respect to:
273
(b) A controlled substance named or described in s.
274
893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
275
(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of the
276
third degree, punishable as provided in s. 775.082, s. 775.083,
277
or s. 775.084.
278
Section 3. For the purpose of incorporating the amendment
279
made by this act to section 893.03, Florida Statutes, in
280
references thereto, paragraphs (b), (c), and (e) of subsection
281
(3) of section 921.0022, Florida Statutes, are reenacted to read:
282
921.0022 Criminal Punishment Code; offense severity ranking
283
chart.--
284
(3) OFFENSE SEVERITY RANKING CHART
285
(b) LEVEL 2
286
| FloridaStatute | FelonyDegree | Description |
287
| 370.12(1)(e)3. | 3rd | Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act. |
288
| 370.12(1)(e)4. | 3rd | Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act. |
289
| 403.413(5)(c) | 3rd | Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste. |
290
| 517.07 | 3rd | Registration of securities and furnishing of prospectus required. |
291
| 590.28(1) | 3rd | Willful, malicious, or intentional burning. |
292
| 784.05(3) | 3rd | Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death. |
293
| 787.04(1) | 3rd | In violation of court order, take, entice, etc., minor beyond state limits. |
294
| 806.13(1)(b)3. | 3rd | Criminal mischief; damage $1,000 or more to public communication or any other public service. |
295
| 810.061(2) | 3rd | Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary. |
296
| 810.09(2)(e) | 3rd | Trespassing on posted commercial horticulture property. |
297
| 812.014(2)(c)1. | 3rd | Grand theft, 3rd degree; $300 or more but less than $5,000. |
298
| 812.014(2)(d) | 3rd | Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling. |
299
| 812.015(7) | 3rd | Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure. |
300
| 817.234(1)(a)2. | 3rd | False statement in support of insurance claim. |
301
| 817.481(3)(a) | 3rd | Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300. |
302
| 817.52(3) | 3rd | Failure to redeliver hired vehicle. |
303
| 817.54 | 3rd | With intent to defraud, obtain mortgage note, etc., by false representation. |
304
| 817.60(5) | 3rd | Dealing in credit cards of another. |
305
| 817.60(6)(a) | 3rd | Forgery; purchase goods, services with false card. |
306
| 817.61 | 3rd | Fraudulent use of credit cards over $100 or more within 6 months. |
307
| 826.04 | 3rd | Knowingly marries or has sexual intercourse with person to whom related. |
308
| 831.01 | 3rd | Forgery. |
309
| 831.02 | 3rd | Uttering forged instrument; utters or publishes alteration with intent to defraud. |
310
| 831.07 | 3rd | Forging bank bills, checks, drafts, or promissory notes. |
311
| 831.08 | 3rd | Possessing 10 or more forged notes, bills, checks, or drafts. |
312
| 831.09 | 3rd | Uttering forged notes, bills, checks, drafts, or promissory notes. |
313
| 831.11 | 3rd | Bringing into the state forged bank bills, checks, drafts, or notes. |
314
| 832.05(3)(a) | 3rd | Cashing or depositing item with intent to defraud. |
315
| 843.08 | 3rd | Falsely impersonating an officer. |
316
| 893.13(2)(a)2. | 3rd | Purchase of any 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 other than cannabis. |
317
| 893.147(2) | 3rd | Manufacture or delivery of drug paraphernalia. |
318
319
(c) LEVEL 3
320
| FloridaStatute | FelonyDegree | Description |
321
| 119.10(2)(b) | 3rd | Unlawful use of confidential information from police reports. |
322
| 316.066(6)(b)-(d) | 3rd | Unlawfully obtaining or using confidential crash reports. |
323
| 316.193(2)(b) | 3rd | Felony DUI, 3rd conviction. |
324
| 316.1935(2) | 3rd | Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated. |
325
| 319.30(4) | 3rd | Possession by junkyard of motor vehicle with identification number plate removed. |
326
| 319.33(1)(a) | 3rd | Alter or forge any certificate of title to a motor vehicle or mobile home. |
327
| 319.33(1)(c) | 3rd | Procure or pass title on stolen vehicle. |
328
| 319.33(4) | 3rd | With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration. |
329
| 327.35(2)(b) | 3rd | Felony BUI. |
330
| 328.05(2) | 3rd | Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels. |
331
| 328.07(4) | 3rd | Manufacture, exchange, or possess vessel with counterfeit or wrong ID number. |
332
| 370.12(1)(e)5. | 3rd | Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act. |
333
| 370.12(1)(e)6. | 3rd | Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act. |
334
| 376.302(5) | 3rd | Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund. |
335
| 400.903(3) | 3rd | Operating a clinic without a license or filing false license application or other required information. |
336
| 440.1051(3) | 3rd | False report of workers' compensation fraud or retaliation for making such a report. |
337
| 501.001(2)(b) | 2nd | Tampers with a consumer product or the container using materially false/misleading information. |
338
| 624.401(4)(a) | 3rd | Transacting insurance without a certificate of authority. |
339
| 624.401(4)(b)1. | 3rd | Transacting insurance without a certificate of authority; premium collected less than $20,000. |
340
| 626.902(1)(a) & (b) | 3rd | Representing an unauthorized insurer. |
341
| 697.08 | 3rd | Equity skimming. |
342
| 790.15(3) | 3rd | Person directs another to discharge firearm from a vehicle. |
343
| 796.05(1) | 3rd | Live on earnings of a prostitute. |
344
| 806.10(1) | 3rd | Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting. |
345
| 806.10(2) | 3rd | Interferes with or assaults firefighter in performance of duty. |
346
| 810.09(2)(c) | 3rd | Trespass on property other than structure or conveyance armed with firearm or dangerous weapon. |
347
| 812.014(2)(c)2. | 3rd | Grand theft; $5,000 or more but less than $10,000. |
348
| 812.0145(2)(c) | 3rd | Theft from person 65 years of age or older; $300 or more but less than $10,000. |
349
| 815.04(4)(b) | 2nd | Computer offense devised to defraud or obtain property. |
350
| 817.034(4)(a)3. | 3rd | Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000. |
351
| 817.233 | 3rd | Burning to defraud insurer. |
352
| 817.234(8)(b)-(c) | 3rd | Unlawful solicitation of persons involved in motor vehicle accidents. |
353
| 817.234(11)(a) | 3rd | Insurance fraud; property value less than $20,000. |
354
| 817.236 | 3rd | Filing a false motor vehicle insurance application. |
355
| 817.2361 | 3rd | Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card. |
356
| 817.413(2) | 3rd | Sale of used goods as new. |
357
| 817.505(4) | 3rd | Patient brokering. |
358
| 828.12(2) | 3rd | Tortures any animal with intent to inflict intense pain, serious physical injury, or death. |
359
| 831.28(2)(a) | 3rd | Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument. |
360
| 831.29 | 2nd | Possession of instruments for counterfeiting drivers' licenses or identification cards. |
361
| 838.021(3)(b) | 3rd | Threatens unlawful harm to public servant. |
362
| 843.19 | 3rd | Injure, disable, or kill police dog or horse. |
363
| 860.15(3) | 3rd | Overcharging for repairs and parts. |
364
| 870.01(2) | 3rd | Riot; inciting or encouraging. |
365
| 893.13(1)(a)2. | 3rd | 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). |
366
| 893.13(1)(d)2. | 2nd | Sell, manufacture, or deliver 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 university. |
367
| 893.13(1)(f)2. | 2nd | Sell, manufacture, or deliver 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 public housing facility. |
368
| 893.13(6)(a) | 3rd | Possession of any controlled substance other than felony possession of cannabis. |
369
| 893.13(7)(a)8. | 3rd | Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance. |
370
| 893.13(7)(a)9. | 3rd | Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc. |
371
| 893.13(7)(a)10. | 3rd | Affix false or forged label to package of controlled substance. |
372
| 893.13(7)(a)11. | 3rd | Furnish false or fraudulent material information on any document or record required by chapter 893. |
373
| 893.13(8)(a)1. | 3rd | Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner's practice. |
374
| 893.13(8)(a)2. | 3rd | Employ a trick or scheme in the practitioner's practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance. |
375
| 893.13(8)(a)3. | 3rd | Knowingly write a prescription for a controlled substance for a fictitious person. |
376
| 893.13(8)(a)4. | 3rd | Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner. |
377
| 918.13(1)(a) | 3rd | Alter, destroy, or conceal investigation evidence. |
378
| 944.47(1)(a)1.-2. | 3rd | Introduce contraband to correctional facility. |
379
| 944.47(1)(c) | 2nd | Possess contraband while upon the grounds of a correctional institution. |
380
| 985.721 | 3rd | Escapes from a juvenile facility (secure detention or residential commitment facility). |
381
382
(e) LEVEL 5
383
| FloridaStatute | FelonyDegree | Description |
384
| 316.027(1)(a) | 3rd | Accidents involving personal injuries, failure to stop; leaving scene. |
385
| 316.1935(4)(a) | 2nd | Aggravated fleeing or eluding. |
386
| 322.34(6) | 3rd | Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury. |
387
| 327.30(5) | 3rd | Vessel accidents involving personal injury; leaving scene. |
388
| 381.0041(11)(b) | 3rd | Donate blood, plasma, or organs knowing HIV positive. |
389
| 440.10(1)(g) | 2nd | Failure to obtain workers' compensation coverage. |
390
| 440.105(5) | 2nd | Unlawful solicitation for the purpose of making workers' compensation claims. |
391
| 440.381(2) | 2nd | Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers' compensation premiums. |
392
| 624.401(4)(b)2. | 2nd | Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000. |
393
| 626.902(1)(c) | 2nd | Representing an unauthorized insurer; repeat offender. |
394
| 790.01(2) | 3rd | Carrying a concealed firearm. |
395
| 790.162 | 2nd | Threat to throw or discharge destructive device. |
396
| 790.163(1) | 2nd | False report of deadly explosive or weapon of mass destruction. |
397
| 790.221(1) | 2nd | Possession of short-barreled shotgun or machine gun. |
398
| 790.23 | 2nd | Felons in possession of firearms, ammunition, or electronic weapons or devices. |
399
| 800.04(6)(c) | 3rd | Lewd or lascivious conduct; offender less than 18 years. |
400
| 800.04(7)(c) | 2nd | Lewd or lascivious exhibition; offender 18 years or older. |
401
| 806.111(1) | 3rd | Possess, manufacture, or dispense fire bomb with intent to damage any structure or property. |
402
| 812.0145(2)(b) | 2nd | Theft from person 65 years of age or older; $10,000 or more but less than $50,000. |
403
| 812.015(8) | 3rd | Retail theft; property stolen is valued at $300 or more and one or more specified acts. |
404
| 812.019(1) | 2nd | Stolen property; dealing in or trafficking in. |
405
| 812.131(2)(b) | 3rd | Robbery by sudden snatching. |
406
| 812.16(2) | 3rd | Owning, operating, or conducting a chop shop. |
407
| 817.034(4)(a)2. | 2nd | Communications fraud, value $20,000 to $50,000. |
408
| 817.234(11)(b) | 2nd | Insurance fraud; property value $20,000 or more but less than $100,000. |
409
| 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. |
410
| 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. |
411
| 817.625(2)(b) | 2nd | Second or subsequent fraudulent use of scanning device or reencoder. |
412
| 825.1025(4) | 3rd | Lewd or lascivious exhibition in the presence of an elderly person or disabled adult. |
413
| 827.071(4) | 2nd | Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child. |
414
| 827.071(5) | 3rd | Possess any photographic material, motion picture, etc., which includes sexual conduct by a child. |
415
| 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. |
416
| 843.01 | 3rd | Resist officer with violence to person; resist arrest with violence. |
417
| 847.0137(2)&(3) | 3rd | Transmission of pornography by electronic device or equipment. |
418
| 847.0138(2)&(3) | 3rd | Transmission of material harmful to minors to a minor by electronic device or equipment. |
419
| 874.05(2) | 2nd | Encouraging or recruiting another to join a criminal street gang; second or subsequent offense. |
420
| 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). |
421
| 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. |
422
| 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. |
423
| 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. |
424
| 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. |
425
| 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). |
426
427
Section 4. This act shall take effect July 1, 2008.