CS/HB 1039

1	A bill to be entitled
2	An act relating to controlled substances; amending s.
3	893.03, F.S.; including certain hallucinogenic substances
4	on the list of controlled substances in Schedule I;
5	reenacting ss. 893.13(1), (2), (4), and (5),
6	893.135(1)(l), and 921.0022(3)(b), (c), and (e), F.S.,
7	relating to prohibited acts and penalties regarding
8	controlled substances and the offense severity chart of
9	the Criminal Punishment Code, to incorporate the amendment
10	to s. 893.03, F.S., in references thereto; providing an
11	effective date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1.  Paragraph (c) of subsection (1) of section
16	893.03, Florida Statutes, is amended to read:
17	893.03  Standards and schedules.-The substances enumerated
18	in this section are controlled by this chapter. The controlled
19	substances listed or to be listed in Schedules I, II, III, IV,
20	and V are included by whatever official, common, usual,
21	chemical, or trade name designated. The provisions of this
22	section shall not be construed to include within any of the
23	schedules contained in this section any excluded drugs listed
24	within the purview of 21 C.F.R. s. 1308.22, styled "Excluded
25	Substances"; 21 C.F.R. s. 1308.24, styled "Exempt Chemical
26	Preparations"; 21 C.F.R. s. 1308.32, styled "Exempted
27	Prescription Products"; or 21 C.F.R. s. 1308.34, styled "Exempt
28	Anabolic Steroid Products."
29	(1)  SCHEDULE I.-A substance in Schedule I has a high
30	potential for abuse and has no currently accepted medical use in
31	treatment in the United States and in its use under medical
32	supervision does not meet accepted safety standards. The
33	following substances are controlled in Schedule I:
34	(c)  Unless specifically excepted or unless listed in
35	another schedule, any material, compound, mixture, or
36	preparation which contains any quantity of the following
37	hallucinogenic substances or which contains any of their salts,
38	isomers, and salts of isomers, whenever the existence of such
39	salts, isomers, and salts of isomers is possible within the
40	specific chemical designation:
41	1.  Alpha-ethyltryptamine.
42	2.  2-Amino-4-methyl-5-phenyl-2-oxazoline (4-
43	methylaminorex).
44	3.  2-Amino-5-phenyl-2-oxazoline (Aminorex).
45	4.  4-Bromo-2,5-dimethoxyamphetamine.
46	5.  4-Bromo-2, 5-dimethoxyphenethylamine.
47	6.  Bufotenine.
48	7.  Cannabis.
49	8.  Cathinone.
50	9.  Diethyltryptamine.
51	10.  2,5-Dimethoxyamphetamine.
52	11.  2,5-Dimethoxy-4-ethylamphetamine (DOET).
53	12.  Dimethyltryptamine.
54	13.  N-Ethyl-1-phenylcyclohexylamine (PCE) (Ethylamine
55	analog of phencyclidine).
56	14.  N-Ethyl-3-piperidyl benzilate.
57	15.  N-ethylamphetamine.
58	16.  Fenethylline.
59	17.  N-Hydroxy-3,4-methylenedioxyamphetamine.
60	18.  Ibogaine.
61	19.  Lysergic acid diethylamide (LSD).
62	20.  Mescaline.
63	21.  Methcathinone.
64	22.  5-Methoxy-3,4-methylenedioxyamphetamine.
65	23.  4-methoxyamphetamine.
66	24.  4-methoxymethamphetamine.
67	25.  4-Methyl-2,5-dimethoxyamphetamine.
68	26.  3,4-Methylenedioxy-N-ethylamphetamine.
69	27.  3,4-Methylenedioxyamphetamine.
70	28.  N-Methyl-3-piperidyl benzilate.
71	29.  N,N-dimethylamphetamine.
72	30.  Parahexyl.
73	31.  Peyote.
74	32.  N-(1-Phenylcyclohexyl)-pyrrolidine (PCPY) (Pyrrolidine
75	analog of phencyclidine).
76	33.  Psilocybin.
77	34.  Psilocyn.
78	35.  Salvia divinorum, except for any drug product approved
79	by the United States Food and Drug Administration which contains
80	Salvia divinorum or its isomers, esters, ethers, salts, and
81	salts of isomers, esters, and ethers, whenever the existence of
82	such isomers, esters, ethers, and salts is possible within the
83	specific chemical designation.
84	36.  Salvinorin A, except for any drug product approved by
85	the United States Food and Drug Administration which contains
86	Salvinorin A or its isomers, esters, ethers, salts, and salts of
87	isomers, esters, and ethers, whenever the existence of such
88	isomers, esters, ethers, and salts is possible within the
89	specific chemical designation.
90	37.  Tetrahydrocannabinols.
91	38.  1-[1-(2-Thienyl)-cyclohexyl]-piperidine (TCP)
92	(Thiophene analog of phencyclidine).
93	39.  3,4,5-Trimethoxyamphetamine.
94	40.  3,4-Methylenedioxymethcathinone.
95	41.  3,4-Methylenedioxypyrovalerone (MDPV).
96	42.  Methylmethcathinone.
97	43.  Methoxymethcathinone.
98	44.  Fluoromethcathinone.
99	45.  Methylethcathinone.
100	Section 2.  For the purpose of incorporating the amendment
101	made by this act to section 893.03, Florida Statutes, in
102	references thereto, subsections (1), (2), (4), and (5) of
103	section 893.13, Florida Statutes, are reenacted to read:
104	893.13  Prohibited acts; penalties.-
105	(1)(a)  Except as authorized by this chapter and chapter
106	499, it is unlawful for any person to sell, manufacture, or
107	deliver, or possess with intent to sell, manufacture, or
108	deliver, a controlled substance. Any person who violates this
109	provision with respect to:
110	1.  A controlled substance named or described in s.
111	893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
112	commits a felony of the second degree, punishable as provided in
113	s. 775.082, s. 775.083, or s. 775.084.
114	2.  A controlled substance named or described in s.
115	893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
116	(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
117	the third degree, punishable as provided in s. 775.082, s.
118	775.083, or s. 775.084.
119	3.  A controlled substance named or described in s.
120	893.03(5) commits a misdemeanor of the first degree, punishable
121	as provided in s. 775.082 or s. 775.083.
122	(b)  Except as provided in this chapter, it is unlawful to
123	sell or deliver in excess of 10 grams of any substance named or
124	described in s. 893.03(1)(a) or (1)(b), or any combination
125	thereof, or any mixture containing any such substance. Any
126	person who violates this paragraph commits a felony of the first
127	degree, punishable as provided in s. 775.082, s. 775.083, or s.
128	775.084.
129	(c)  Except as authorized by this chapter, it is unlawful
130	for any person to sell, manufacture, or deliver, or possess with
131	intent to sell, manufacture, or deliver, a controlled substance
132	in, on, or within 1,000 feet of the real property comprising a
133	child care facility as defined in s. 402.302 or a public or
134	private elementary, middle, or secondary school between the
135	hours of 6 a.m. and 12 midnight, or at any time in, on, or
136	within 1,000 feet of real property comprising a state, county,
137	or municipal park, a community center, or a publicly owned
138	recreational facility. For the purposes of this paragraph, the
139	term "community center" means a facility operated by a nonprofit
140	community-based organization for the provision of recreational,
141	social, or educational services to the public. Any person who
142	violates this paragraph with respect to:
143	1.  A controlled substance named or described in s.
144	893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
145	commits a felony of the first degree, punishable as provided in
146	s. 775.082, s. 775.083, or s. 775.084. The defendant must be
147	sentenced to a minimum term of imprisonment of 3 calendar years
148	unless the offense was committed within 1,000 feet of the real
149	property comprising a child care facility as defined in s.
150	402.302.
151	2.  A controlled substance named or described in s.
152	893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
153	(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
154	the second degree, punishable as provided in s. 775.082, s.
155	775.083, or s. 775.084.
156	3.  Any other controlled substance, except as lawfully
157	sold, manufactured, or delivered, must be sentenced to pay a
158	$500 fine and to serve 100 hours of public service in addition
159	to any other penalty prescribed by law.
160
161	This paragraph does not apply to a child care facility unless
162	the owner or operator of the facility posts a sign that is not
163	less than 2 square feet in size with a word legend identifying
164	the facility as a licensed child care facility and that is
165	posted on the property of the child care facility in a
166	conspicuous place where the sign is reasonably visible to the
167	public.
168	(d)  Except as authorized by this chapter, it is unlawful
169	for any person to sell, manufacture, or deliver, or possess with
170	intent to sell, manufacture, or deliver, a controlled substance
171	in, on, or within 1,000 feet of the real property comprising a
172	public or private college, university, or other postsecondary
173	educational institution. Any person who violates this paragraph
174	with respect to:
175	1.  A controlled substance named or described in s.
176	893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
177	commits a felony of the first degree, punishable as provided in
178	s. 775.082, s. 775.083, or s. 775.084.
179	2.  A controlled substance named or described in s.
180	893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
181	(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
182	the second degree, punishable as provided in s. 775.082, s.
183	775.083, or s. 775.084.
184	3.  Any other controlled substance, except as lawfully
185	sold, manufactured, or delivered, must be sentenced to pay a
186	$500 fine and to serve 100 hours of public service in addition
187	to any other penalty prescribed by law.
188	(e)  Except as authorized by this chapter, it is unlawful
189	for any person to sell, manufacture, or deliver, or possess with
190	intent to sell, manufacture, or deliver, a controlled substance
191	not authorized by law in, on, or within 1,000 feet of a physical
192	place for worship at which a church or religious organization
193	regularly conducts religious services or within 1,000 feet of a
194	convenience business as defined in s. 812.171. Any person who
195	violates this paragraph with respect to:
196	1.  A controlled substance named or described in s.
197	893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
198	commits a felony of the first degree, punishable as provided in
199	s. 775.082, s. 775.083, or s. 775.084.
200	2.  A controlled substance named or described in s.
201	893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
202	(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
203	the second degree, punishable as provided in s. 775.082, s.
204	775.083, or s. 775.084.
205	3.  Any other controlled substance, except as lawfully
206	sold, manufactured, or delivered, must be sentenced to pay a
207	$500 fine and to serve 100 hours of public service in addition
208	to any other penalty prescribed by law.
209	(f)  Except as authorized by this chapter, it is unlawful
210	for any person to sell, manufacture, or deliver, or possess with
211	intent to sell, manufacture, or deliver, a controlled substance
212	in, on, or within 1,000 feet of the real property comprising a
213	public housing facility at any time. For purposes of this
214	section, the term "real property comprising a public housing
215	facility" means real property, as defined in s. 421.03(12), of a
216	public corporation created as a housing authority pursuant to
217	part I of chapter 421. Any person who violates this paragraph
218	with respect to:
219	1.  A controlled substance named or described in s.
220	893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
221	commits a felony of the first degree, punishable as provided in
222	s. 775.082, s. 775.083, or s. 775.084.
223	2.  A controlled substance named or described in s.
224	893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
225	(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
226	the second degree, punishable as provided in s. 775.082, s.
227	775.083, or s. 775.084.
228	3.  Any other controlled substance, except as lawfully
229	sold, manufactured, or delivered, must be sentenced to pay a
230	$500 fine and to serve 100 hours of public service in addition
231	to any other penalty prescribed by law.
232	(g)  Except as authorized by this chapter, it is unlawful
233	for any person to manufacture methamphetamine or phencyclidine,
234	or possess any listed chemical as defined in s. 893.033 in
235	violation of s. 893.149 and with intent to manufacture
236	methamphetamine or phencyclidine. If any person violates this
237	paragraph and:
238	1.  The commission or attempted commission of the crime
239	occurs in a structure or conveyance where any child under 16
240	years of age is present, the person commits a felony of the
241	first degree, punishable as provided in s. 775.082, s. 775.083,
242	or s. 775.084. In addition, the defendant must be sentenced to a
243	minimum term of imprisonment of 5 calendar years.
244	2.  The commission of the crime causes any child under 16
245	years of age to suffer great bodily harm, the person commits a
246	felony of the first degree, punishable as provided in s.
247	775.082, s. 775.083, or s. 775.084. In addition, the defendant
248	must be sentenced to a minimum term of imprisonment of 10
249	calendar years.
250	(h)  Except as authorized by this chapter, it is unlawful
251	for any person to sell, manufacture, or deliver, or possess with
252	intent to sell, manufacture, or deliver, a controlled substance
253	in, on, or within 1,000 feet of the real property comprising an
254	assisted living facility, as that term is used in chapter 429.
255	Any person who violates this paragraph with respect to:
256	1.  A controlled substance named or described in s.
257	893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
258	commits a felony of the first degree, punishable as provided in
259	s. 775.082, s. 775.083, or s. 775.084.
260	2.  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
263	the second degree, punishable as provided in s. 775.082, s.
264	775.083, or s. 775.084.
265	(2)(a)  Except as authorized by this chapter and chapter
266	499, it is unlawful for any person to purchase, or possess with
267	intent to purchase, a controlled substance. Any person who
268	violates this provision with respect to:
269	1.  A controlled substance named or described in s.
270	893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
271	commits a felony of the second degree, punishable as provided in
272	s. 775.082, s. 775.083, or s. 775.084.
273	2.  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
276	the third degree, punishable as provided in s. 775.082, s.
277	775.083, or s. 775.084.
278	3.  A controlled substance named or described in s.
279	893.03(5) commits a misdemeanor of the first degree, punishable
280	as provided in s. 775.082 or s. 775.083.
281	(b)  Except as provided in this chapter, it is unlawful to
282	purchase in excess of 10 grams of any substance named or
283	described in s. 893.03(1)(a) or (1)(b), or any combination
284	thereof, or any mixture containing any such substance. Any
285	person who violates this paragraph commits a felony of the first
286	degree, punishable as provided in s. 775.082, s. 775.083, or s.
287	775.084.
288	(4)  Except as authorized by this chapter, it is unlawful
289	for any person 18 years of age or older to deliver any
290	controlled substance to a person under the age of 18 years, or
291	to use or hire a person under the age of 18 years as an agent or
292	employee in the sale or delivery of such a substance, or to use
293	such person to assist in avoiding detection or apprehension for
294	a violation of this chapter. Any person who violates this
295	provision with respect to:
296	(a)  A controlled substance named or described in s.
297	893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
298	commits a felony of the first degree, punishable as provided in
299	s. 775.082, s. 775.083, or s. 775.084.
300	(b)  A controlled substance named or described in s.
301	893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
302	(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
303	the second degree, punishable as provided in s. 775.082, s.
304	775.083, or s. 775.084.
305
306	Imposition of sentence may not be suspended or deferred, nor
307	shall the person so convicted be placed on probation.
308	(5)  It is unlawful for any person to bring into this state
309	any controlled substance unless the possession of such
310	controlled substance is authorized by this chapter or unless
311	such person is licensed to do so by the appropriate federal
312	agency. Any person who violates this provision with respect to:
313	(a)  A controlled substance named or described in s.
314	893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
315	commits a felony of the second degree, punishable as provided in
316	s. 775.082, s. 775.083, or s. 775.084.
317	(b)  A controlled substance named or described in s.
318	893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
319	(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
320	the third degree, punishable as provided in s. 775.082, s.
321	775.083, or s. 775.084.
322	(c)  A controlled substance named or described in s.
323	893.03(5) commits a misdemeanor of the first degree, punishable
324	as provided in s. 775.082 or s. 775.083.
325	Section 3.  For the purpose of incorporating the amendment
326	made by this act to section 893.03, Florida Statutes, in
327	references thereto, paragraph (l) of subsection (1) of section
328	893.135, Florida Statutes, is reenacted to read:
329	893.135  Trafficking; mandatory sentences; suspension or
330	reduction of sentences; conspiracy to engage in trafficking.-
331	(1)  Except as authorized in this chapter or in chapter 499
332	and notwithstanding the provisions of s. 893.13:
333	(l)1.  Any person who knowingly sells, purchases,
334	manufactures, delivers, or brings into this state, or who is
335	knowingly in actual or constructive possession of, 1 gram or
336	more of lysergic acid diethylamide (LSD) as described in s.
337	893.03(1)(c), or of any mixture containing lysergic acid
338	diethylamide (LSD), commits a felony of the first degree, which
339	felony shall be known as "trafficking in lysergic acid
340	diethylamide (LSD)," punishable as provided in s. 775.082, s.
341	775.083, or s. 775.084. If the quantity involved:
342	a.  Is 1 gram or more, but less than 5 grams, such person
343	shall be sentenced to a mandatory minimum term of imprisonment
344	of 3 years, and the defendant shall be ordered to pay a fine of
345	$50,000.
346	b.  Is 5 grams or more, but less than 7 grams, such person
347	shall be sentenced to a mandatory minimum term of imprisonment
348	of 7 years, and the defendant shall be ordered to pay a fine of
349	$100,000.
350	c.  Is 7 grams or more, such person shall be sentenced to a
351	mandatory minimum term of imprisonment of 15 calendar years and
352	pay a fine of $500,000.
353	2.  Any person who knowingly manufactures or brings into
354	this state 7 grams or more of lysergic acid diethylamide (LSD)
355	as described in s. 893.03(1)(c), or any mixture containing
356	lysergic acid diethylamide (LSD), and who knows that the
357	probable result of such manufacture or importation would be the
358	death of any person commits capital manufacture or importation
359	of lysergic acid diethylamide (LSD), a capital felony punishable
360	as provided in ss. 775.082 and 921.142. Any person sentenced for
361	a capital felony under this paragraph shall also be sentenced to
362	pay the maximum fine provided under subparagraph 1.
363	Section 4.  For the purpose of incorporating the amendment
364	made by this act to section 893.03, Florida Statutes, in
365	references thereto, paragraphs (b), (c), and (e) of subsection
366	(3) of section 921.0022, Florida Statutes, are reenacted to
367	read:
368	921.0022  Criminal Punishment Code; offense severity
369	ranking chart.-
370	(3)  OFFENSE SEVERITY RANKING CHART
371	(b)  LEVEL 2
372
	FloridaStatute FelonyDegree Description
373
	379.2431  (1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
374
	379.2431  (1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
375
	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.
376
	517.07 3rd Registration of securities and furnishing of prospectus required.
377
	590.28(1) 3rd Intentional burning of lands.
378
	784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
379
	787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
380
	806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
381
	810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
382
	810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
383
	812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or more but less than $5,000.
384
	812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.
385
	812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
386
	817.234(1)(a)2. 3rd False statement in support of insurance claim.
387
	817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
388
	817.52(3) 3rd Failure to redeliver hired vehicle.
389
	817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
390
	817.60(5) 3rd Dealing in credit cards of another.
391
	817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
392
	817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
393
	826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
394
	831.01 3rd Forgery.
395
	831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
396
	831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
397
	831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
398
	831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
399
	831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
400
	832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
401
	843.08 3rd Falsely impersonating an officer.
402
	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.
403
	893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
404
405	(c)  LEVEL 3
406
	FloridaStatute FelonyDegree Description
407
	119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
408
	316.066  (4)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
409
	316.193(2)(b) 3rd Felony DUI, 3rd conviction.
410
	316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
411
	319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
412
	319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
413
	319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
414
	319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
415
	327.35(2)(b) 3rd Felony BUI.
416
	328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
417
	328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
418
	376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
419
	379.2431  (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.
420
	379.2431  (1)(e)6. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
421
	400.9935(4) 3rd Operating a clinic without a license or filing false license application or other required information.
422
	440.1051(3) 3rd False report of workers' compensation fraud or retaliation for making such a report.
423
	501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
424
	624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
425
	624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
426
	626.902(1)(a) &  (b) 3rd Representing an unauthorized insurer.
427
	697.08 3rd Equity skimming.
428
	790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
429
	796.05(1) 3rd Live on earnings of a prostitute.
430
	806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
431
	806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
432
	810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
433
	812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
434
	812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
435
	815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
436
	817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
437
	817.233 3rd Burning to defraud insurer.
438
	817.234  (8)(b)-(c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
439
	817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
440
	817.236 3rd Filing a false motor vehicle insurance application.
441
	817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
442
	817.413(2) 3rd Sale of used goods as new.
443
	817.505(4) 3rd Patient brokering.
444
	828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
445
	831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
446
	831.29 2nd Possession of instruments for counterfeiting drivers' licenses or identification cards.
447
	838.021(3)(b) 3rd Threatens unlawful harm to public servant.
448
	843.19 3rd Injure, disable, or kill police dog or horse.
449
	860.15(3) 3rd Overcharging for repairs and parts.
450
	870.01(2) 3rd Riot; inciting or encouraging.
451
	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).
452
	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.
453
	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.
454
	893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
455
	893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
456
	893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
457
	893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
458
	893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
459
	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.
460
	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.
461
	893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
462
	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.
463
	918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
464
	944.47  (1)(a)1.-2. 3rd Introduce contraband to correctional facility.
465
	944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
466
	985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
467
468	(e)  LEVEL 5
469
	FloridaStatute FelonyDegree Description
470
	316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
471
	316.1935(4)(a) 2nd Aggravated fleeing or eluding.
472
	322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
473
	327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
474
	381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
475
	440.10(1)(g) 2nd Failure to obtain workers' compensation coverage.
476
	440.105(5) 2nd Unlawful solicitation for the purpose of making workers' compensation claims.
477
	440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers' compensation premiums.
478
	624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
479
	626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
480
	790.01(2) 3rd Carrying a concealed firearm.
481
	790.162 2nd Threat to throw or discharge destructive device.
482
	790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
483
	790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
484
	790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
485
	800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
486
	800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years or older.
487
	806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
488
	812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
489
	812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
490
	812.019(1) 2nd Stolen property; dealing in or trafficking in.
491
	812.131(2)(b) 3rd Robbery by sudden snatching.
492
	812.16(2) 3rd Owning, operating, or conducting a chop shop.
493
	817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
494
	817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
495
	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.
496
	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.
497
	817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
498
	825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
499
	827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
500
	827.071(5) 3rd Possess any photographic material, motion picture, etc., which includes sexual conduct by a child.
501
	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.
502
	843.01 3rd Resist officer with violence to person; resist arrest with violence.
503
	847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
504
	847.0137  (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
505
	847.0138  (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
506
	874.05(2) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
507
	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).
508
	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.
509
	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.
510
	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.
511
	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.
512
	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).
513
	893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
514
515	Section 5.  This act shall take effect July 1, 2011.

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