| 1 | Representative Clemens offered the following: |
| 2 |
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| 3 | Substitute Amendment for Amendment (480407) (with directory |
| 4 | and title amendments) |
| 5 | Remove lines 288-324 and insert: |
| 6 | (3) Any person who delivers, without consideration, not |
| 7 | more than 20 grams of cannabis, as defined in this chapter, |
| 8 | commits a misdemeanor of the second first degree, punishable as |
| 9 | provided in s. 775.082, and shall be ordered to pay a fine of |
| 10 | $500 in addition to any fine pursuant to or s.775.083. For the |
| 11 | purposes of this paragraph, "cannabis" does not include the |
| 12 | resin extracted from the plants of the genus Cannabis or any |
| 13 | compound manufacture, salt, derivative, mixture, or preparation |
| 14 | of such resin. The clerk shall remit 50 percent of the fines |
| 15 | imposed under this subsection to the Department of Revenue for |
| 16 | deposit into the General Revenue Fund. It is the intent of the |
| 17 | Legislature that, to the greatest extent practicable, a person |
| 18 | be issued a notice to appear for violations of this subsection. |
| 19 | (4) Except as authorized by this chapter, it is unlawful |
| 20 | for any person 18 years of age or older to deliver any |
| 21 | controlled substance to a person under the age of 18 years, or |
| 22 | to use or hire a person under the age of 18 years as an agent or |
| 23 | employee in the sale or delivery of such a substance, or to use |
| 24 | such person to assist in avoiding detection or apprehension for |
| 25 | a violation of this chapter. Any person who violates this |
| 26 | provision with respect to: |
| 27 | (a) A controlled substance named or described in s. |
| 28 | 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., |
| 29 | commits a felony of the first degree, punishable as provided in |
| 30 | s. 775.082, s. 775.083, or s. 775.084. |
| 31 | (b) A controlled substance named or described in s. |
| 32 | 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., |
| 33 | (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of |
| 34 | the second degree, punishable as provided in s. 775.082, s. |
| 35 | 775.083, or s. 775.084. |
| 36 |
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| 37 | Imposition of sentence may not be suspended or deferred, nor |
| 38 | shall the person so convicted be placed on probation. |
| 39 | (5) It is unlawful for any person to bring into this state |
| 40 | any controlled substance unless the possession of such |
| 41 | controlled substance is authorized by this chapter or unless |
| 42 | such person is licensed to do so by the appropriate federal |
| 43 | agency. Any person who violates this provision with respect to: |
| 44 | (a) A controlled substance named or described in s. |
| 45 | 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., |
| 46 | commits a felony of the second degree, punishable as provided in |
| 47 | s. 775.082, s. 775.083, or s. 775.084. |
| 48 | (b) A controlled substance named or described in s. |
| 49 | 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., |
| 50 | (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of |
| 51 | the third degree, punishable as provided in s. 775.082, s. |
| 52 | 775.083, or s. 775.084. |
| 53 | (c) A controlled substance named or described in s. |
| 54 | 893.03(5) commits a misdemeanor of the first degree, punishable |
| 55 | as provided in s. 775.082 or s. 775.083. |
| 56 | (6) |
| 57 | (b) If the offense is the possession of not more than 20 |
| 58 | grams of cannabis, as defined in this chapter, the person |
| 59 | commits a misdemeanor of the second first degree, punishable as |
| 60 | provided in s. 775.082 and shall be ordered to pay a fine of |
| 61 | $500 in addition to any fine imposed pursuant to or s. 775.083. |
| 62 | For the purposes of this subsection, "cannabis" does not include |
| 63 | the resin extracted from the plants of the genus Cannabis, or |
| 64 | any compound manufacture, salt, derivative, mixture, or |
| 65 | preparation of such resin. The clerk shall remit 50 percent of |
| 66 | the fines imposed under this subsection to the Department of |
| 67 | Revenue for deposit into the General Revenue Fund. It is the |
| 68 | intent of the Legislature that, to the greatest extent |
| 69 | practicable, a person be issued a notice to appear for |
| 70 | violations of this paragraph. |
| 71 | (11) It is the intent of the Legislature that, to the |
| 72 | greatest extent practicable, a person be issued a notice to |
| 73 | appear for any misdemeanor violation of this section. |
| 74 |
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| 75 | ----------------------------------------------------- |
| 76 | D I R E C T O R Y A M E N D M E N T |
| 77 | Remove lines 100-103 and insert: |
| 78 | Section 2. Subsection (3) and paragraph (b) of subsection |
| 79 | (6) of section 893.13, Florida Statutes, are amended, subsection |
| 80 | (11) is added to that section, and, for the purpose of |
| 81 | incorporating the amendment made by this act to section 893.03, |
| 82 | Florida Statutes, in references thereto, subsections (1), (2), |
| 83 | (4), and (5) are reenacted, to read: |
| 84 |
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| 85 | ----------------------------------------------------- |
| 86 | T I T L E A M E N D M E N T |
| 87 | Between lines 4 and 5, insert: |
| 88 | amending s. 893.13, F.S.; revising the penalties for |
| 89 | certain offenses involving the delivery or possession of |
| 90 | cannabis; providing for the deposit of certain fines in |
| 91 | the General Revenue Fund; providing that, to the greatest |
| 92 | extent practicable, a person be issued a notice to appear |
| 93 | for certain misdemeanor violations; |