Florida Senate - 2012 SB 1502
By Senator Evers
2-01108B-12 20121502__
1 A bill to be entitled
2 An act relating to controlled substances; amending s.
3 893.03, F.S.; adding to the list of Schedule I
4 controlled substances certain specified materials,
5 compounds, mixtures, or preparations that contain
6 hallucinogenic substances or that contain any of these
7 substances’ salts, isomers, and salts of isomers, if
8 the existence of such salts, isomers, and salts of
9 isomers is possible within the specific chemical
10 designation; reenacting ss. 893.13(1)-(6) and
11 921.0022(3)(b)-(e), F.S., relating to prohibited acts
12 involving controlled substances and the Criminal
13 Punishment Code, respectively, to incorporate the
14 amendments made to s. 893.03, F.S., in references
15 thereto; providing an effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Paragraph (c) of subsection (1) of section
20 893.03, Florida Statutes, is amended to read:
21 893.03 Standards and schedules.—The substances enumerated
22 in this section are controlled by this chapter. The controlled
23 substances listed or to be listed in Schedules I, II, III, IV,
24 and V are included by whatever official, common, usual,
25 chemical, or trade name designated. The provisions of this
26 section shall not be construed to include within any of the
27 schedules contained in this section any excluded drugs listed
28 within the purview of 21 C.F.R. s. 1308.22, styled “Excluded
29 Substances”; 21 C.F.R. s. 1308.24, styled “Exempt Chemical
30 Preparations”; 21 C.F.R. s. 1308.32, styled “Exempted
31 Prescription Products”; or 21 C.F.R. s. 1308.34, styled “Exempt
32 Anabolic Steroid Products.”
33 (1) SCHEDULE I.—A substance in Schedule I has a high
34 potential for abuse and has no currently accepted medical use in
35 treatment in the United States and in its use under medical
36 supervision does not meet accepted safety standards. The
37 following substances are controlled in Schedule I:
38 (c) Unless specifically excepted or unless listed in
39 another schedule, any material, compound, mixture, or
40 preparation that which contains any quantity of the following
41 hallucinogenic substances or that which contains any of their
42 salts, isomers, and salts of isomers, if whenever the existence
43 of such salts, isomers, and salts of isomers is possible within
44 the specific chemical designation:
45 1. Alpha-ethyltryptamine.
46 2. 2-Amino-4-methyl-5-phenyl-2-oxazoline (4
47 methylaminorex).
48 3. 2-Amino-5-phenyl-2-oxazoline (Aminorex).
49 4. 4-Bromo-2,5-dimethoxyamphetamine.
50 5. 4-Bromo-2, 5-dimethoxyphenethylamine.
51 6. Bufotenine.
52 7. Cannabis.
53 8. Cathinone.
54 9. Diethyltryptamine.
55 10. 2,5-Dimethoxyamphetamine.
56 11. 2,5-Dimethoxy-4-ethylamphetamine (DOET).
57 12. Dimethyltryptamine.
58 13. N-Ethyl-1-phenylcyclohexylamine (PCE) (Ethylamine
59 analog of phencyclidine).
60 14. N-Ethyl-3-piperidyl benzilate.
61 15. N-ethylamphetamine.
62 16. Fenethylline.
63 17. N-Hydroxy-3,4-methylenedioxyamphetamine.
64 18. Ibogaine.
65 19. Lysergic acid diethylamide (LSD).
66 20. Mescaline.
67 21. Methcathinone.
68 22. 5-Methoxy-3,4-methylenedioxyamphetamine.
69 23. 4-methoxyamphetamine.
70 24. 4-methoxymethamphetamine.
71 25. 4-Methyl-2,5-dimethoxyamphetamine.
72 26. 3,4-Methylenedioxy-N-ethylamphetamine.
73 27. 3,4-Methylenedioxyamphetamine.
74 28. N-Methyl-3-piperidyl benzilate.
75 29. N,N-dimethylamphetamine.
76 30. Parahexyl.
77 31. Peyote.
78 32. N-(1-Phenylcyclohexyl)-pyrrolidine (PCPY) (Pyrrolidine
79 analog of phencyclidine).
80 33. Psilocybin.
81 34. Psilocyn.
82 35. Salvia divinorum, except for any drug product approved
83 by the United States Food and Drug Administration which contains
84 Salvia divinorum or its isomers, esters, ethers, salts, and
85 salts of isomers, esters, and ethers, if whenever the existence
86 of such isomers, esters, ethers, and salts is possible within
87 the specific chemical designation.
88 36. Salvinorin A, except for any drug product approved by
89 the United States Food and Drug Administration which contains
90 Salvinorin A or its isomers, esters, ethers, salts, and salts of
91 isomers, esters, and ethers, if whenever the existence of such
92 isomers, esters, ethers, and salts is possible within the
93 specific chemical designation.
94 37. Tetrahydrocannabinols.
95 38. 1-[1-(2-Thienyl)-cyclohexyl]-piperidine (TCP)
96 (Thiophene analog of phencyclidine).
97 39. 3,4,5-Trimethoxyamphetamine.
98 40. 3,4-Methylenedioxymethcathinone.
99 41. 3,4-Methylenedioxypyrovalerone (MDPV).
100 42. Methylmethcathinone.
101 43. Methoxymethcathinone.
102 44. Fluoromethcathinone.
103 45. Methylethcathinone.
104 46. 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2
105 yl)phenol, also known as CP 47,497 and its dimethyloctyl (C8)
106 homologue.
107 47. (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2
108 methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo [c]chromen-1-ol,
109 also known as HU-210.
110 48. 1-Pentyl-3-(1-naphthoyl)indole, also known as JWH-018.
111 49. 1-Butyl-3-(1-naphthoyl)indole, also known as JWH-073.
112 50. 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl) indole, also
113 known as JWH-200.
114 51. BZP (Benzylpiperazine).
115 52. Fluorophenylpiperazine.
116 53. Methylphenylpiperazine.
117 54. Chlorophenylpiperazine.
118 55. Methoxyphenylpiperazine.
119 56. DBZP (1,4-dibenzylpiperazine).
120 57. TFMPP (3-Trifluoromethylphenylpiperazine).
121 58. MBDB (Methylbenzodioxolylbutanamine).
122 59. 5-Hydroxy-alpha-methyltryptamine.
123 60. 5-Hydroxy-N-methyltryptamine.
124 61. 5-Methoxy-N-methyl-N-isopropyltryptamine.
125 62. 5-Methoxy-alpha-methyltryptamine.
126 63. Methyltryptamine.
127 64. 5-Methoxy-N,N-dimethyltryptamine.
128 65. 5-Methyl-N,N-dimethyltryptamine.
129 66. Tyramine (4-Hydroxyphenethylamine).
130 67. 5-Methoxy-N,N-Diisopropyltryptamine.
131 68. DiPT (N,N-Diisopropyltryptamine).
132 69. DPT (N,N-Dipropyltryptamine).
133 70. 4-Hydroxy-N,N-diisopropyltryptamine.
134 71. Methoxytryptamine.
135 72. DOI (4-Iodo-2,5-dimethoxyamphetamine).
136 73. DOC (4-Chloro-2,5-dimethoxyamphetamine).
137 74. 2C-E (4-Ethyl-2,5-dimethoxyphenethylamine).
138 75. 2C-T-4 (2,5-Dimethoxy-4-isopropylthiophenethylamine).
139 76. 2C-C (4-Chloro-2,5-dimethoxyphenethylamine).
140 77. 2C-T (2,5-Dimethoxy-4-methylthiophenethylamine).
141 78. 2C-T-2 (2,5-Dimethoxy-4-ethylthiophenethylamine).
142 79. 2C-T-7 (2,5-Dimethoxy-4-propylthiophenethylamine).
143 80. 2C-I (4-Iodo-2,5-dimethoxyphenethylamine).
144 81. Butylone (beta-keto-N-methylbenzodioxolylpropylamine).
145 82. Ethcathinone.
146 83. Ethylone (3,4-methylenedioxy-N-ethylcathinone).
147 84. Naphyrone (napthylpyrovalerone).
148 85. N-N-Dimethyl-3,4-methylenedioxycathinone.
149 86. N-N-Diethyl-3,4-methylenedioxycathinone.
150 87. 3,4-methylenedioxy-propiophenone.
151 88. 2-Bromo-3,4-Methylenedioxypropiophenone.
152 89. 3,4-methylenedioxy-propiophenone-2-oxime.
153 90. N-Acetyl-3,4-methylenedioxycathinone.
154 91. N-Acetyl-N-Methyl-3,4-Methylenedioxycathinone.
155 92. N-Acetyl-N-Ethyl-3,4-Methylenedioxycathinone.
156 93. Bromomethcathinone.
157 94. Buphedrone (alpha-methylamino-butyrophenone).
158 95. Eutylone (beta-Keto-Ethylbenzodioxolylbutanamine).
159 96. Dimethylcathinone.
160 97. Dimethylmethcathinone.
161 98. Pentylone (beta-Keto-Methylbenzodioxolylpentanamine).
162 99. (MDPPP) 3,4-Methylenedioxy-alpha
163 pyrrolidinopropiophenone.
164 100. (MDPBP) 3,4-Methylenedioxy-alpha
165 pyrrolidinobutiophenone.
166 101. Methoxypyrrolidinopropiophenone (MOPPP).
167 102. Methylpyrrolidinohexiophenone (MPHP).
168 103. Benocyclidine (BCP) or
169 benzothiophenylcyclohexylpiperidine (BTCP).
170 104. Fluoromethylaminobutyrophenone (F-MABP).
171 105. Methoxypyrrolidinobutyrophenone (MeO-PBP).
172 106. Ethylpyrrolodinobutyrophenone (Et-PBP).
173 107. 3-Methyl-4-Methoxymethcathinone (3-Me-4-MeO-MCAT).
174 108. Methylethylaminobutyrophenone (Me-EABP)
175 109. Methylaminobutyrophenone (MABP).
176 110. Pyrrolidinopropiophenone.
177 111. Pyrrolidinobutiophenone (PBP).
178 112. Pyrrolidinovalerophenone (PVP).
179 113. Methylpyrrolidinopropiophenone (MPPP).
180 114. JWH-007 (1-pentyl-2-methyl-3-(1-naphthoyl)indole).
181 115. JWH-015 (2-Methyl-1-propyl-1H-indol-3-yl)-1
182 naphthalenylmethanone).
183 116. JWH-019 (Napthanlen-1-yl-(1-pentylindol-3
184 yl)methanone).
185 117. JWH-020 (1-heptyl-3-(1-napthoyl)indole).
186 118. JWH-072 (napthalen-1-yl(1-propyl-1H-indol-3
187 yl)methanone).
188 119. JWH-081 (4-methoxynapthalen-1-yl-(1-pentylindol-3
189 yl)methanone).
190 120. JHW-122 (1-Pentyl-3-(40methyl-1-naphthoyl)indole).
191 121. JWH-133 ((6aR,10aR)-3-(1,1-Dimethylbutyl)-6a,7,10,10a
192 tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran).
193 122. JWH-175 (3-(napthalen-1-ylmethyl)-1-pentyl-1H-indole).
194 123. JWH-201 (1-pentyl-3-(4-methocyphenylacetyl)indole).
195 124. JWH-203 (2-(2-chlorophenyl)-1-(1-pentylindol-3
196 yl)ethanone).
197 125. JWH-210 (4-ethylnaphthalen-1-yl-(1-pentylindol-3
198 yl)methanone).
199 126. JWH-250 (2-(2-methoxyphenyl)-1-(1-pentylindol-3
200 yl)ethanone).
201 127. JWH-251 (2-(2-methylphenyl)-1-(1_pentyl-1H-indol-3
202 yl)ethanone).
203 128. JWH-302 (1-pentyl-3-(3-methoxyphenylacetyl)indole).
204 129. JWH-398 (1-pentyl-3-(4-chloro-1-naphthoyl)indole).
205 130. HU-211 ((6aS,10aS)-9-(Hydroxymethyl)-6,6-dimethyl-3
206 (2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1
207 ol).
208 131. HU-308 ([91R,2R,5R-2-[2,6-dimethoxy-4-(2-methyloctan
209 2-yl)phenyl]-7,7-dimethyl-4-bicyclo[3.1.1]hept-3-enyl]methanol).
210 132. HU-331 (3-hydroxy-2-[(1R,6R)-3-methyl-6-(1
211 methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-2,5-cyclohexadiene
212 1,4-dione).
213 133. CB-13 (Naphthalen-1-yl-(4-pentyloxynaphthalen-1
214 yl)methanone).
215 134. CB-25 (N-cyclopropyl-11-(3-hydroxy-5-pentylphenoxy)
216 undecanamide).
217 135. CB-52 (N-cyclopropyl-11-(2-hexyl-5-hydroxyphenoxy)
218 undecanamide).
219 136. CP55,940 (2-[(1R,2R,5R)-5-hydroxy-2-(3-hydroxypropyl)
220 cyclohexyl]-5-(2-methyloctan-2-yl)phenol.)
221 137. AM-694 (1-[(5-fluropentyl)-1H-indol-3-yl]-(2
222 iodophenyl)methanone).
223 138. AM-2201 (1-[(5-fluropentyl)-1H-indol-3-yl]
224 (naphthalen-1-yl)methanone).
225 139. RCS-4 ((4-methoxyphenyl) (1-pentyl-1H-indol-3
226 yl)methanone).
227 140. RCS-8 (1-(1-(2-cyclohexylethyl)-1H-indol-3-yl)-2-(2
228 methoxypehnylethanonone)).
229 141. WIN55,212-2 ((R)-(+)-[2,3-Dihydro-5-methyl-3-(4
230 morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1
231 napthalenylmethanone).
232 142. WIN55,212-3 ([(3S)-2,3-Dihydro-5-methyl-3-(4
233 morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1
234 naphthalenylmethanone).
235 Section 2. For the purpose of incorporating the amendment
236 made by this act to section 893.03, Florida Statutes, in
237 references thereto, subsections (1), (2), (3), (4), (5), and (6)
238 of section 893.13, Florida Statutes, are reenacted to read:
239 893.13 Prohibited acts; penalties.—
240 (1)(a) Except as authorized by this chapter and chapter
241 499, it is unlawful for any person to sell, manufacture, or
242 deliver, or possess with intent to sell, manufacture, or
243 deliver, a controlled substance. Any person who violates this
244 provision with respect to:
245 1. A controlled substance named or described in s.
246 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
247 commits a felony of the second degree, punishable as provided in
248 s. 775.082, s. 775.083, or s. 775.084.
249 2. A controlled substance named or described in s.
250 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
251 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
252 the third degree, punishable as provided in s. 775.082, s.
253 775.083, or s. 775.084.
254 3. A controlled substance named or described in s.
255 893.03(5) commits a misdemeanor of the first degree, punishable
256 as provided in s. 775.082 or s. 775.083.
257 (b) Except as provided in this chapter, it is unlawful to
258 sell or deliver in excess of 10 grams of any substance named or
259 described in s. 893.03(1)(a) or (1)(b), or any combination
260 thereof, or any mixture containing any such substance. Any
261 person who violates this paragraph commits a felony of the first
262 degree, punishable as provided in s. 775.082, s. 775.083, or s.
263 775.084.
264 (c) Except as authorized by this chapter, it is unlawful
265 for any person to sell, manufacture, or deliver, or possess with
266 intent to sell, manufacture, or deliver, a controlled substance
267 in, on, or within 1,000 feet of the real property comprising a
268 child care facility as defined in s. 402.302 or a public or
269 private elementary, middle, or secondary school between the
270 hours of 6 a.m. and 12 midnight, or at any time in, on, or
271 within 1,000 feet of real property comprising a state, county,
272 or municipal park, a community center, or a publicly owned
273 recreational facility. For the purposes of this paragraph, the
274 term “community center” means a facility operated by a nonprofit
275 community-based organization for the provision of recreational,
276 social, or educational services to the public. Any person who
277 violates this paragraph with respect to:
278 1. A controlled substance named or described in s.
279 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
280 commits a felony of the first degree, punishable as provided in
281 s. 775.082, s. 775.083, or s. 775.084. The defendant must be
282 sentenced to a minimum term of imprisonment of 3 calendar years
283 unless the offense was committed within 1,000 feet of the real
284 property comprising a child care facility as defined in s.
285 402.302.
286 2. A controlled substance named or described in s.
287 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
288 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
289 the second degree, punishable as provided in s. 775.082, s.
290 775.083, or s. 775.084.
291 3. Any other controlled substance, except as lawfully sold,
292 manufactured, or delivered, must be sentenced to pay a $500 fine
293 and to serve 100 hours of public service in addition to any
294 other penalty prescribed by law.
295
296 This paragraph does not apply to a child care facility unless
297 the owner or operator of the facility posts a sign that is not
298 less than 2 square feet in size with a word legend identifying
299 the facility as a licensed child care facility and that is
300 posted on the property of the child care facility in a
301 conspicuous place where the sign is reasonably visible to the
302 public.
303 (d) Except as authorized by this chapter, it is unlawful
304 for any person to sell, manufacture, or deliver, or possess with
305 intent to sell, manufacture, or deliver, a controlled substance
306 in, on, or within 1,000 feet of the real property comprising a
307 public or private college, university, or other postsecondary
308 educational institution. Any person who violates this paragraph
309 with respect to:
310 1. A controlled substance named or described in s.
311 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
312 commits a felony of the first degree, punishable as provided in
313 s. 775.082, s. 775.083, or s. 775.084.
314 2. A controlled substance named or described in s.
315 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
316 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
317 the second degree, punishable as provided in s. 775.082, s.
318 775.083, or s. 775.084.
319 3. Any other controlled substance, except as lawfully sold,
320 manufactured, or delivered, must be sentenced to pay a $500 fine
321 and to serve 100 hours of public service in addition to any
322 other penalty prescribed by law.
323 (e) Except as authorized by this chapter, it is unlawful
324 for any person to sell, manufacture, or deliver, or possess with
325 intent to sell, manufacture, or deliver, a controlled substance
326 not authorized by law in, on, or within 1,000 feet of a physical
327 place for worship at which a church or religious organization
328 regularly conducts religious services or within 1,000 feet of a
329 convenience business as defined in s. 812.171. Any person who
330 violates this paragraph with respect to:
331 1. A controlled substance named or described in s.
332 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
333 commits a felony of the first degree, punishable as provided in
334 s. 775.082, s. 775.083, or s. 775.084.
335 2. A controlled substance named or described in s.
336 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
337 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
338 the second degree, punishable as provided in s. 775.082, s.
339 775.083, or s. 775.084.
340 3. Any other controlled substance, except as lawfully sold,
341 manufactured, or delivered, must be sentenced to pay a $500 fine
342 and to serve 100 hours of public service in addition to any
343 other penalty prescribed by law.
344 (f) Except as authorized by this chapter, it is unlawful
345 for any person to sell, manufacture, or deliver, or possess with
346 intent to sell, manufacture, or deliver, a controlled substance
347 in, on, or within 1,000 feet of the real property comprising a
348 public housing facility at any time. For purposes of this
349 section, the term “real property comprising a public housing
350 facility” means real property, as defined in s. 421.03(12), of a
351 public corporation created as a housing authority pursuant to
352 part I of chapter 421. Any person who violates this paragraph
353 with respect to:
354 1. A controlled substance named or described in s.
355 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
356 commits a felony of the first degree, punishable as provided in
357 s. 775.082, s. 775.083, or s. 775.084.
358 2. A controlled substance named or described in s.
359 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
360 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
361 the second degree, punishable as provided in s. 775.082, s.
362 775.083, or s. 775.084.
363 3. Any other controlled substance, except as lawfully sold,
364 manufactured, or delivered, must be sentenced to pay a $500 fine
365 and to serve 100 hours of public service in addition to any
366 other penalty prescribed by law.
367 (g) Except as authorized by this chapter, it is unlawful
368 for any person to manufacture methamphetamine or phencyclidine,
369 or possess any listed chemical as defined in s. 893.033 in
370 violation of s. 893.149 and with intent to manufacture
371 methamphetamine or phencyclidine. If any person violates this
372 paragraph and:
373 1. The commission or attempted commission of the crime
374 occurs in a structure or conveyance where any child under 16
375 years of age is present, the person commits a felony of the
376 first degree, punishable as provided in s. 775.082, s. 775.083,
377 or s. 775.084. In addition, the defendant must be sentenced to a
378 minimum term of imprisonment of 5 calendar years.
379 2. The commission of the crime causes any child under 16
380 years of age to suffer great bodily harm, the person commits a
381 felony of the first degree, punishable as provided in s.
382 775.082, s. 775.083, or s. 775.084. In addition, the defendant
383 must be sentenced to a minimum term of imprisonment of 10
384 calendar years.
385 (h) Except as authorized by this chapter, it is unlawful
386 for any person to sell, manufacture, or deliver, or possess with
387 intent to sell, manufacture, or deliver, a controlled substance
388 in, on, or within 1,000 feet of the real property comprising an
389 assisted living facility, as that term is used in chapter 429.
390 Any person who violates this paragraph with respect to:
391 1. A controlled substance named or described in s.
392 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
393 commits a felony of the first degree, punishable as provided in
394 s. 775.082, s. 775.083, or s. 775.084.
395 2. A controlled substance named or described in s.
396 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
397 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
398 the second degree, punishable as provided in s. 775.082, s.
399 775.083, or s. 775.084.
400 (2)(a) Except as authorized by this chapter and chapter
401 499, it is unlawful for any person to purchase, or possess with
402 intent to purchase, a controlled substance. Any person who
403 violates this provision with respect to:
404 1. A controlled substance named or described in s.
405 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
406 commits a felony of the second degree, punishable as provided in
407 s. 775.082, s. 775.083, or s. 775.084.
408 2. A controlled substance named or described in s.
409 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
410 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
411 the third degree, punishable as provided in s. 775.082, s.
412 775.083, or s. 775.084.
413 3. A controlled substance named or described in s.
414 893.03(5) commits a misdemeanor of the first degree, punishable
415 as provided in s. 775.082 or s. 775.083.
416 (b) Except as provided in this chapter, it is unlawful to
417 purchase in excess of 10 grams of any substance named or
418 described in s. 893.03(1)(a) or (1)(b), or any combination
419 thereof, or any mixture containing any such substance. Any
420 person who violates this paragraph commits a felony of the first
421 degree, punishable as provided in s. 775.082, s. 775.083, or s.
422 775.084.
423 (3) Any person who delivers, without consideration, not
424 more than 20 grams of cannabis, as defined in this chapter,
425 commits a misdemeanor of the first degree, punishable as
426 provided in s. 775.082 or s. 775.083. For the purposes of this
427 paragraph, “cannabis” does not include the resin extracted from
428 the plants of the genus Cannabis or any compound manufacture,
429 salt, derivative, mixture, or preparation of such resin.
430 (4) Except as authorized by this chapter, it is unlawful
431 for any person 18 years of age or older to deliver any
432 controlled substance to a person under the age of 18 years, or
433 to use or hire a person under the age of 18 years as an agent or
434 employee in the sale or delivery of such a substance, or to use
435 such person to assist in avoiding detection or apprehension for
436 a violation of this chapter. Any person who violates this
437 provision with respect to:
438 (a) A controlled substance named or described in s.
439 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
440 commits a felony of the first degree, punishable as provided in
441 s. 775.082, s. 775.083, or s. 775.084.
442 (b) A controlled substance named or described in s.
443 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
444 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
445 the second degree, punishable as provided in s. 775.082, s.
446 775.083, or s. 775.084.
447
448 Imposition of sentence may not be suspended or deferred, nor
449 shall the person so convicted be placed on probation.
450 (5) It is unlawful for any person to bring into this state
451 any controlled substance unless the possession of such
452 controlled substance is authorized by this chapter or unless
453 such person is licensed to do so by the appropriate federal
454 agency. Any person who violates this provision with respect to:
455 (a) A controlled substance named or described in s.
456 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
457 commits a felony of the second degree, punishable as provided in
458 s. 775.082, s. 775.083, or s. 775.084.
459 (b) A controlled substance named or described in s.
460 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
461 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
462 the third degree, punishable as provided in s. 775.082, s.
463 775.083, or s. 775.084.
464 (c) A controlled substance named or described in s.
465 893.03(5) commits a misdemeanor of the first degree, punishable
466 as provided in s. 775.082 or s. 775.083.
467 (6)(a) It is unlawful for any person to be in actual or
468 constructive possession of a controlled substance unless such
469 controlled substance was lawfully obtained from a practitioner
470 or pursuant to a valid prescription or order of a practitioner
471 while acting in the course of his or her professional practice
472 or to be in actual or constructive possession of a controlled
473 substance except as otherwise authorized by this chapter. Any
474 person who violates this provision commits a felony of the third
475 degree, punishable as provided in s. 775.082, s. 775.083, or s.
476 775.084.
477 (b) If the offense is the possession of not more than 20
478 grams of cannabis, as defined in this chapter, or 3 grams or
479 less of a controlled substance described in s. 893.03(1)(c)46.
480 50., the person commits a misdemeanor of the first degree,
481 punishable as provided in s. 775.082 or s. 775.083. For the
482 purposes of this subsection, “cannabis” does not include the
483 resin extracted from the plants of the genus Cannabis, or any
484 compound manufacture, salt, derivative, mixture, or preparation
485 of such resin, and a controlled substance described in s.
486 893.03(1)(c)46.-50. does not include the substance in a powdered
487 form.
488 (c) Except as provided in this chapter, it is unlawful to
489 possess in excess of 10 grams of any substance named or
490 described in s. 893.03(1)(a) or (1)(b), or any combination
491 thereof, or any mixture containing any such substance. Any
492 person who violates this paragraph commits a felony of the first
493 degree, punishable as provided in s. 775.082, s. 775.083, or s.
494 775.084.
495 (d) Notwithstanding any provision to the contrary of the
496 laws of this state relating to arrest, a law enforcement officer
497 may arrest without warrant any person who the officer has
498 probable cause to believe is violating the provisions of this
499 chapter relating to possession of cannabis.
500 Section 3. For the purpose of incorporating the amendment
501 made by this act to section 893.03, Florida Statutes, in
502 references thereto, paragraphs (b), (c), (d), and (e) of
503 subsection (3) of section 921.0022, Florida Statutes, are
504 reenacted to read:
505 921.0022 Criminal Punishment Code; offense severity ranking
506 chart.—
507 (3) OFFENSE SEVERITY RANKING CHART
508 (b) LEVEL 2
509 FloridaStatute FelonyDegree Description
510 379.2431 (1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
511 379.2431 (1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
512 403.413(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.
513 517.07 3rd Registration of securities and furnishing of prospectus required.
514 590.28(1) 3rd Intentional burning of lands.
515 784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
516 787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
517 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
518 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
519 810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
520 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or more but less than $5,000.
521 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.
522 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
523 817.234(1)(a)2. 3rd False statement in support of insurance claim.
524 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
525 817.52(3) 3rd Failure to redeliver hired vehicle.
526 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
527 817.60(5) 3rd Dealing in credit cards of another.
528 817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
529 817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
530 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
531 831.01 3rd Forgery.
532 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
533 831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
534 831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
535 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
536 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
537 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
538 843.08 3rd Falsely impersonating an officer.
539 893.13(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.
540 893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
541 (c) LEVEL 3
542 FloridaStatute FelonyDegree Description
543 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
544 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
545 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
546 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
547 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
548 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
549 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
550 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
551 327.35(2)(b) 3rd Felony BUI.
552 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
553 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
554 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
555 379.2431 (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.
556 379.2431 (1)(e)6. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
557 400.9935(4) 3rd Operating a clinic without a license or filing false license application or other required information.
558 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
559 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
560 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
561 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
562 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
563 697.08 3rd Equity skimming.
564 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
565 796.05(1) 3rd Live on earnings of a prostitute.
566 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
567 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
568 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
569 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
570 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
571 815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
572 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
573 817.233 3rd Burning to defraud insurer.
574 817.234 (8)(b)-(c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
575 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
576 817.236 3rd Filing a false motor vehicle insurance application.
577 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
578 817.413(2) 3rd Sale of used goods as new.
579 817.505(4) 3rd Patient brokering.
580 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
581 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
582 831.29 2nd Possession of instruments for counterfeiting drivers’ licenses or identification cards.
583 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
584 843.19 3rd Injure, disable, or kill police dog or horse.
585 860.15(3) 3rd Overcharging for repairs and parts.
586 870.01(2) 3rd Riot; inciting or encouraging.
587 893.13(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).
588 893.13(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.
589 893.13(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.
590 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
591 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
592 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
593 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
594 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
595 893.13(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.
596 893.13(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.
597 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
598 893.13(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.
599 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
600 944.47 (1)(a)1.-2. 3rd Introduce contraband to correctional facility.
601 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
602 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
603 (d) LEVEL 4
604 FloridaStatute FelonyDegree Description
605 316.1935(3)(a) 2nd 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.
606 499.0051(1) 3rd Failure to maintain or deliver pedigree papers.
607 499.0051(2) 3rd Failure to authenticate pedigree papers.
608 499.0051(6) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
609 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
610 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
611 784.075 3rd Battery on detention or commitment facility staff.
612 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
613 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
614 784.081(3) 3rd Battery on specified official or employee.
615 784.082(3) 3rd Battery by detained person on visitor or other detainee.
616 784.083(3) 3rd Battery on code inspector.
617 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
618 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
619 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
620 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
621 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
622 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
623 790.115(2)(c) 3rd Possessing firearm on school property.
624 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
625 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
626 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
627 810.06 3rd Burglary; possession of tools.
628 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
629 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
630 812.014 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
631 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
632 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
633 817.568(2)(a) 3rd Fraudulent use of personal identification information.
634 817.625(2)(a) 3rd Fraudulent use of scanning device or reencoder.
635 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
636 837.02(1) 3rd Perjury in official proceedings.
637 837.021(1) 3rd Make contradictory statements in official proceedings.
638 838.022 3rd Official misconduct.
639 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
640 839.13(2)(c) 3rd Falsifying records of the Department of Children and Family Services.
641 843.021 3rd Possession of a concealed handcuff key by a person in custody.
642 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
643 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
644 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
645 874.05(1) 3rd Encouraging or recruiting another to join a criminal gang.
646 893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs).
647 914.14(2) 3rd Witnesses accepting bribes.
648 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
649 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
650 918.12 3rd Tampering with jurors.
651 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
652 (e) LEVEL 5
653 FloridaStatute FelonyDegree Description
654 316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
655 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
656 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
657 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
658 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
659 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
660 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
661 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
662 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
663 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
664 790.01(2) 3rd Carrying a concealed firearm.
665 790.162 2nd Threat to throw or discharge destructive device.
666 790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
667 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
668 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
669 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
670 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years or older.
671 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
672 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
673 812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
674 812.019(1) 2nd Stolen property; dealing in or trafficking in.
675 812.131(2)(b) 3rd Robbery by sudden snatching.
676 812.16(2) 3rd Owning, operating, or conducting a chop shop.
677 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
678 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
679 817.2341(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.
680 817.568(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.
681 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
682 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
683 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
684 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
685 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
686 843.01 3rd Resist officer with violence to person; resist arrest with violence.
687 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
688 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
689 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
690 874.05(2) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
691 893.13(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).
692 893.13(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.
693 893.13(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.
694 893.13(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.
695 893.13(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.
696 893.13(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).
697 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
698 Section 4. This act shall take effect October 1, 2012.