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A bill to be entitled

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An act relating to controlled substances; amending s.

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893.1351, F.S.; prohibiting a person from owning or

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actually or constructively possessing a place, structure,

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trailer, or other described place with knowledge that the

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place will be used to manufacture, sell, or traffic in a

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controlled substance; providing that possession of a

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specified number or more of cannabis plants constitutes

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prima facie evidence of intent to sell or distribute;

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providing criminal penalties; creating s. 893.1352, F.S.;

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defining terms; providing that a person with actual or

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constructive possession of a place, structure, trailer, or

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conveyance being used to manufacture a controlled

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substance for sale and distribution commits a felony of

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the first degree if a minor is present or resides in the

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place, structure, trailer, or conveyance; providing that a

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person who allows an infant or toddler to be in close

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proximity to a controlled substance commits a felony of

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the first degree; providing criminal penalties; ranking

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such offenses in the offense severity ranking chart;

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amending s. 893.10, F.S.; providing that equipment used in

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the cultivation or manufacture of controlled substances

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may be photographed or video recorded and the photograph

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or video recording used as evidence for later use at

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trial; providing for the destruction of the equipment;

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providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Section 893.1351, Florida Statutes, is amended

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to read:

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     893.1351 Own, lease, or rent for the purpose of trafficking

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in a controlled substance.--

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     (1) A person may not own, lease, or rent any place,

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structure, or part thereof, trailer, or other conveyance, with

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the knowledge that the such place, structure, trailer, or

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conveyance will be used for the purpose of trafficking in a

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controlled substance, as provided in s. 893.135; for, or the sale

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of a controlled substance, as provided in s. 893.13; or for the

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manufacture of a controlled substance intended for sale or

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distribution to another.

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     (2) A person may not knowingly be in actual or constructive

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possession of any place, structure, or part thereof, trailer, or

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other conveyance with the knowledge that the place, structure, or

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part thereof, trailer, or conveyance will be used for the purpose

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of trafficking in a controlled substance, as provided in s.

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893.135; for the sale of a controlled substance, as provided in

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s. 893.13; or for the manufacture of a controlled substance

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intended for sale or distribution to another.

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     (3) Proof of the possession of 25 or more cannabis plants

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constitutes prima facie evidence that the cannabis is intended

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for sale or distribution.

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     (4)(2) A person who violates any provision of this section

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commits subsection (1) is guilty of a felony of the third degree,

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punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

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     Section 2.  Section 893.1352, Florida Statutes, is created

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to read:

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     893.1352 Unlawful possession of a controlled substance in

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the presence of a minor.--

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     (1) As used in this section, the term:

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     (a) "Close proximity" means the item is so close to the

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infant or toddler as to be within his or her reach without regard

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to whether the infant or toddler is likely to attempt to reach

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for the item.

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     (b) "Infant or toddler" means any child from birth until

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the child's third birthday.

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     (2) A person who is found to be in actual or constructive

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possession of a place, structure, trailer, or conveyance with the

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knowledge that the place, structure, trailer, or conveyance is

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being used to manufacture a controlled substance intended for

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sale or distribution to another and who knew or should have known

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that a minor is present or resides in the place, structure,

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trailer, or conveyance commits a felony of the first degree,

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punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

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     (3) A person may not possess any amount of a controlled

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substance in close proximity to an infant or toddler. A person

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who violates this subsection commits a felony of the first

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degree, punishable as provided in s. 775.082, s. 775.083, or s.

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775.084.

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     (4) Notwithstanding any provision of chapter 921 or any

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other law, a conviction for a third-degree felony offense under

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s. 893.1351 or this section shall be ranked within the offense

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severity ranking chart at offense severity level 5, a conviction

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for any second-degree felony offense under s. 893.1351 or this

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section shall be ranked within the offense severity ranking chart

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at offense severity level 7, and a conviction for any first-

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degree felony offense under s. 893.1351 or this section shall be

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ranked within the offense severity ranking chart at offense

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severity level 8.

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     Section 3.  Section 893.10, Florida Statutes, is amended to

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read:

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     893.10 Burden of proof; photograph or video recording of

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evidence.--

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     (1) It is shall not be necessary for the state to negative

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any exemption or exception set forth in this chapter in any

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indictment, information, or other pleading or in any trial,

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hearing, or other proceeding under this chapter, and the burden

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of going forward with the evidence with respect to any such

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exemption or exception is shall be upon the person claiming its

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benefit.

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     (2)  In the case of a person charged under s. 893.14(1) with

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the possession of a controlled substance, the label required

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under s. 893.04(1) or s. 893.05(2) is shall be admissible in

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evidence and shall be prima facie evidence that such substance

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was obtained pursuant to a valid prescription form or dispensed

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by a practitioner while acting in the course of his or her

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professional practice.

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     (3) In the prosecution of an offense involving the

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cultivation or manufacture of a controlled substance, a

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photograph or video recording of the manufacturing or cultivation

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equipment used in committing the offense, including, but not

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limited to, grow lights, growing trays, and chemical fertilizers,

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may be introduced as competent evidence of the existence and use

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of the equipment and is admissible in the prosecution of the

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offense to the same extent as if the property were introduced as

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evidence.

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     (4) After a law enforcement agency documents the

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manufacturing and cultivation equipment by photography or video

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recording, the manufacturing and cultivation equipment may be

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destroyed on site and left in disrepair. The law enforcement

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agency destroying the equipment is immune from civil liability

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for the destruction of the equipment. The destruction of the

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equipment must be recorded by the supervising law enforcement

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officer in the manner described in s. 893.12(1)(a) and records

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must be maintained for 12 months.

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     Section 4.  This act shall take effect July 1, 2008.