Florida Senate - 2012                      CS for CS for SB 1502
       
       
       
       By the Committees on Health Regulation; and Criminal Justice;
       and Senator Evers
       
       
       
       588-03536-12                                          20121502c2
    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; amending s. 893.13, F.S.; providing that it
   16         is a misdemeanor of the first degree to possess
   17         specified amounts of certain synthetic cannabinoids in
   18         nonpowdered form; providing an effective date.
   19  
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Paragraph (c) of subsection (1) of section
   23  893.03, Florida Statutes, is amended to read:
   24         893.03 Standards and schedules.—The substances enumerated
   25  in this section are controlled by this chapter. The controlled
   26  substances listed or to be listed in Schedules I, II, III, IV,
   27  and V are included by whatever official, common, usual,
   28  chemical, or trade name designated. The provisions of this
   29  section shall not be construed to include within any of the
   30  schedules contained in this section any excluded drugs listed
   31  within the purview of 21 C.F.R. s. 1308.22, styled “Excluded
   32  Substances”; 21 C.F.R. s. 1308.24, styled “Exempt Chemical
   33  Preparations”; 21 C.F.R. s. 1308.32, styled “Exempted
   34  Prescription Products”; or 21 C.F.R. s. 1308.34, styled “Exempt
   35  Anabolic Steroid Products.”
   36         (1) SCHEDULE I.—A substance in Schedule I has a high
   37  potential for abuse and has no currently accepted medical use in
   38  treatment in the United States and in its use under medical
   39  supervision does not meet accepted safety standards. The
   40  following substances are controlled in Schedule I:
   41         (c) Unless specifically excepted or unless listed in
   42  another schedule, any material, compound, mixture, or
   43  preparation that which contains any quantity of the following
   44  hallucinogenic substances or that which contains any of their
   45  salts, isomers, and salts of isomers, if whenever the existence
   46  of such salts, isomers, and salts of isomers is possible within
   47  the specific chemical designation:
   48         1. Alpha-ethyltryptamine.
   49         2. 2-Amino-4-methyl-5-phenyl-2-oxazoline (4
   50  methylaminorex).
   51         3. 2-Amino-5-phenyl-2-oxazoline (Aminorex).
   52         4. 4-Bromo-2,5-dimethoxyamphetamine.
   53         5. 4-Bromo-2, 5-dimethoxyphenethylamine.
   54         6. Bufotenine.
   55         7. Cannabis.
   56         8. Cathinone.
   57         9. Diethyltryptamine.
   58         10. 2,5-Dimethoxyamphetamine.
   59         11. 2,5-Dimethoxy-4-ethylamphetamine (DOET).
   60         12. Dimethyltryptamine.
   61         13. N-Ethyl-1-phenylcyclohexylamine (PCE) (Ethylamine
   62  analog of phencyclidine).
   63         14. N-Ethyl-3-piperidyl benzilate.
   64         15. N-ethylamphetamine.
   65         16. Fenethylline.
   66         17. N-Hydroxy-3,4-methylenedioxyamphetamine.
   67         18. Ibogaine.
   68         19. Lysergic acid diethylamide (LSD).
   69         20. Mescaline.
   70         21. Methcathinone.
   71         22. 5-Methoxy-3,4-methylenedioxyamphetamine.
   72         23. 4-methoxyamphetamine.
   73         24. 4-methoxymethamphetamine.
   74         25. 4-Methyl-2,5-dimethoxyamphetamine.
   75         26. 3,4-Methylenedioxy-N-ethylamphetamine.
   76         27. 3,4-Methylenedioxyamphetamine.
   77         28. N-Methyl-3-piperidyl benzilate.
   78         29. N,N-dimethylamphetamine.
   79         30. Parahexyl.
   80         31. Peyote.
   81         32. N-(1-Phenylcyclohexyl)-pyrrolidine (PCPY) (Pyrrolidine
   82  analog of phencyclidine).
   83         33. Psilocybin.
   84         34. Psilocyn.
   85         35. Salvia divinorum, except for any drug product approved
   86  by the United States Food and Drug Administration which contains
   87  Salvia divinorum or its isomers, esters, ethers, salts, and
   88  salts of isomers, esters, and ethers, if whenever the existence
   89  of such isomers, esters, ethers, and salts is possible within
   90  the specific chemical designation.
   91         36. Salvinorin A, except for any drug product approved by
   92  the United States Food and Drug Administration which contains
   93  Salvinorin A or its isomers, esters, ethers, salts, and salts of
   94  isomers, esters, and ethers, if whenever the existence of such
   95  isomers, esters, ethers, and salts is possible within the
   96  specific chemical designation.
   97         37. Tetrahydrocannabinols.
   98         38. 1-[1-(2-Thienyl)-cyclohexyl]-piperidine (TCP)
   99  (Thiophene analog of phencyclidine).
  100         39. 3,4,5-Trimethoxyamphetamine.
  101         40. 3,4-Methylenedioxymethcathinone.
  102         41. 3,4-Methylenedioxypyrovalerone (MDPV).
  103         42. Methylmethcathinone.
  104         43. Methoxymethcathinone.
  105         44. Fluoromethcathinone.
  106         45. Methylethcathinone.
  107         46. 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2
  108  yl)phenol, also known as CP 47,497 and its dimethyloctyl (C8)
  109  homologue.
  110         47. (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2
  111  methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo [c]chromen-1-ol,
  112  also known as HU-210.
  113         48. 1-Pentyl-3-(1-naphthoyl)indole, also known as JWH-018.
  114         49. 1-Butyl-3-(1-naphthoyl)indole, also known as JWH-073.
  115         50. 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl) indole, also
  116  known as JWH-200.
  117         51. BZP (Benzylpiperazine).
  118         52. Fluorophenylpiperazine.
  119         53. Methylphenylpiperazine.
  120         54. Chlorophenylpiperazine.
  121         55. Methoxyphenylpiperazine.
  122         56. DBZP (1,4-dibenzylpiperazine).
  123         57. TFMPP (3-Trifluoromethylphenylpiperazine).
  124         58. MBDB (Methylbenzodioxolylbutanamine).
  125         59. 5-Hydroxy-alpha-methyltryptamine.
  126         60. 5-Hydroxy-N-methyltryptamine.
  127         61. 5-Methoxy-N-methyl-N-isopropyltryptamine.
  128         62. 5-Methoxy-alpha-methyltryptamine.
  129         63. Methyltryptamine.
  130         64. 5-Methoxy-N,N-dimethyltryptamine.
  131         65. 5-Methyl-N,N-dimethyltryptamine.
  132         66. Tyramine (4-Hydroxyphenethylamine).
  133         67. 5-Methoxy-N,N-Diisopropyltryptamine.
  134         68. DiPT (N,N-Diisopropyltryptamine).
  135         69. DPT (N,N-Dipropyltryptamine).
  136         70. 4-Hydroxy-N,N-diisopropyltryptamine.
  137         71.N,N-Diallyl-5-Methoxytryptamine.
  138         72.DOI (4-Iodo-2,5-dimethoxyamphetamine).
  139         73. DOC (4-Chloro-2,5-dimethoxyamphetamine).
  140         74. 2C-E (4-Ethyl-2,5-dimethoxyphenethylamine).
  141         75. 2C-T-4 (2,5-Dimethoxy-4-isopropylthiophenethylamine).
  142         76. 2C-C (4-Chloro-2,5-dimethoxyphenethylamine).
  143         77. 2C-T (2,5-Dimethoxy-4-methylthiophenethylamine).
  144         78.2C-T-2 (2,5-Dimethoxy-4-ethylthiophenethylamine).
  145         79.2C-T-7 (2,5-Dimethoxy-4-(n)-propylthiophenethylamine).
  146         80.2C-I (4-Iodo-2,5-dimethoxyphenethylamine).
  147         81. Butylone (beta-keto-N-methylbenzodioxolylpropylamine).
  148         82. Ethcathinone.
  149         83.Ethylone (3,4-methylenedioxy-N-ethylcathinone).
  150         84.Naphyrone (naphthylpyrovalerone).
  151         85.N-N-Dimethyl-3,4-methylenedioxycathinone.
  152         86.N-N-Diethyl-3,4-methylenedioxycathinone.
  153         87.3,4-methylenedioxy-propiophenone.
  154         88.2-Bromo-3,4-Methylenedioxypropiophenone.
  155         89.3,4-methylenedioxy-propiophenone-2-oxime.
  156         90.N-Acetyl-3,4-methylenedioxycathinone.
  157         91.N-Acetyl-N-Methyl-3,4-Methylenedioxycathinone.
  158         92.N-Acetyl-N-Ethyl-3,4-Methylenedioxycathinone.
  159         93. Bromomethcathinone.
  160         94.Buphedrone (alpha-methylamino-butyrophenone).
  161         95.Eutylone (beta-Keto-Ethylbenzodioxolylbutanamine).
  162         96. Dimethylcathinone.
  163         97. Dimethylmethcathinone.
  164         98.Pentylone (beta-Keto-Methylbenzodioxolylpentanamine).
  165         99.(MDPPP) 3,4-Methylenedioxy-alpha
  166  pyrrolidinopropiophenone.
  167         100.(MDPBP) 3,4-Methylenedioxy-alpha
  168  pyrrolidinobutiophenone.
  169         101.Methoxy-alpha-pyrrolidinopropiophenone (MOPPP).
  170         102.Methyl-alpha-pyrrolidinohexiophenone (MPHP).
  171         103.Benocyclidine (BCP) or
  172  benzothiophenylcyclohexylpiperidine (BTCP).
  173         104.Fluoromethylaminobutyrophenone (F-MABP).
  174         105.Methoxypyrrolidinobutyrophenone (MeO-PBP).
  175         106.Ethyl-pyrrolidinobutyrophenone (Et-PBP).
  176         107.3-Methyl-4-Methoxymethcathinone (3-Me-4-MeO-MCAT).
  177         108.Methylethylaminobutyrophenone (Me-EABP).
  178         109.Methylamino-butyrophenone (MABP).
  179         110. Pyrrolidinopropiophenone (PPP).
  180         111.Pyrrolidinobutiophenone (PBP).
  181         112.Pyrrolidinovalerophenone (PVP).
  182         113.Methyl-alpha-pyrrolidinopropiophenone (MPPP).
  183         114.JWH-007 (1-pentyl-2-methyl-3-(1-naphthoyl)indole).
  184         115.JWH-015 (2-Methyl-1-propyl-1H-indol-3-yl)-1
  185  naphthalenylmethanone).
  186         116.JWH-019 (Naphthalen-1-yl-(1-hexylindol-3
  187  yl)methanone).
  188         117.JWH-020 (1-heptyl-3-(1-naphthoyl)indole).
  189         118.JWH-072 (Naphthalen-1-yl-(1-propyl-1H-indol-3
  190  yl)methanone).
  191         119.JWH-081 (4-methoxynaphthalen-1-yl-(1-pentylindol-3
  192  yl)methanone).
  193         120.JWH-122 (1-Pentyl-3-(4-methyl-1-naphthoyl)indole).
  194         121.JWH-133 ((6aR,10aR)-3-(1,1-Dimethylbutyl)-6a,7,10,10a
  195  tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran)).
  196         122.JWH-175 (3-(naphthalen-1-ylmethyl)-1-pentyl-1H
  197  indole).
  198         123.JWH-201 (1-pentyl-3-(4-methoxyphenylacetyl)indole).
  199         124.JWH-203 (2-(2-chlorophenyl)-1-(1-pentylindol-3
  200  yl)ethanone).
  201         125.JWH-210 (4-ethylnaphthalen-1-yl-(1-pentylindol-3
  202  yl)methanone).
  203         126.JWH-250 (2-(2-methoxyphenyl)-1-(1-pentylindol-3
  204  yl)ethanone).
  205         127.JWH-251 (2-(2-methylphenyl)-1-(1-pentyl-1H-indol-3
  206  yl)ethanone).
  207         128.JWH-302 (1-pentyl-3-(3-methoxyphenylacetyl)indole).
  208         129.JWH-398 (1-pentyl-3-(4-chloro-1-naphthoyl)indole).
  209         130.HU-211 ((6aS,10aS)-9-(Hydroxymethyl)-6,6-dimethyl-3
  210  (2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1
  211  ol).
  212         131.HU-308 ([(1R,2R,5R)-2-[2,6-dimethoxy-4-(2-methyloctan
  213  2-yl)phenyl]-7,7-dimethyl-4-bicyclo[3.1.1]hept-3-enyl]
  214  methanol).
  215         132.HU-331 (3-hydroxy-2-[(1R,6R)-3-methyl-6-(1-
  216  methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-2,5-cyclohexadiene
  217  1,4-dione).
  218         133.CB-13 (Naphthalen-1-yl-(4-pentyloxynaphthalen-1
  219  yl)methanone).
  220         134.CB-25 (N-cyclopropyl-11-(3-hydroxy-5-pentylphenoxy)
  221  undecanamide).
  222         135.CB-52 (N-cyclopropyl-11-(2-hexyl-5-hydroxyphenoxy)
  223  undecanamide).
  224         136.CP 55,940 (2-[(1R,2R,5R)-5-hydroxy-2-(3
  225  hydroxypropyl)cyclohexyl]-5-(2-methyloctan-2-yl)phenol).
  226         137.AM-694 (1-[(5-fluoropentyl)-1H-indol-3-yl]-(2
  227  iodophenyl)methanone).
  228         138.AM-2201 (1-[(5-fluoropentyl)-1H-indol-3-yl]
  229  (naphthalen-1-yl)methanone).
  230         139.RCS-4 ((4-methoxyphenyl) (1-pentyl-1H-indol-3
  231  yl)methanone).
  232         140.RCS-8 (1-(1-(2-cyclohexylethyl)-1H-indol-3-yl)-2-(2
  233  methoxyphenylethanone).
  234         141.WIN55,212-2 ((R)-(+)-[2,3-Dihydro-5-methyl-3-(4
  235  morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1
  236  naphthalenylmethanone).
  237         142.WIN55,212-3 ([(3S)-2,3-Dihydro-5-methyl-3-(4
  238  morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1
  239  naphthalenylmethanone).
  240         Section 2. For the purpose of incorporating the amendment
  241  made by this act to section 893.03, Florida Statutes, in
  242  references thereto, subsections (1), (2), (3), (4), (5), and (6)
  243  of section 893.13, Florida Statutes, are reenacted, and
  244  paragraph (b) of subsection (6) is amended, to read:
  245         893.13 Prohibited acts; penalties.—
  246         (1)(a) Except as authorized by this chapter and chapter
  247  499, it is unlawful for any person to sell, manufacture, or
  248  deliver, or possess with intent to sell, manufacture, or
  249  deliver, a controlled substance. Any person who violates this
  250  provision with respect to:
  251         1. A controlled substance named or described in s.
  252  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
  253  commits a felony of the second degree, punishable as provided in
  254  s. 775.082, s. 775.083, or s. 775.084.
  255         2. A controlled substance named or described in s.
  256  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  257  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  258  the third degree, punishable as provided in s. 775.082, s.
  259  775.083, or s. 775.084.
  260         3. A controlled substance named or described in s.
  261  893.03(5) commits a misdemeanor of the first degree, punishable
  262  as provided in s. 775.082 or s. 775.083.
  263         (b) Except as provided in this chapter, it is unlawful to
  264  sell or deliver in excess of 10 grams of any substance named or
  265  described in s. 893.03(1)(a) or (1)(b), or any combination
  266  thereof, or any mixture containing any such substance. Any
  267  person who violates this paragraph commits a felony of the first
  268  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  269  775.084.
  270         (c) Except as authorized by this chapter, it is unlawful
  271  for any person to sell, manufacture, or deliver, or possess with
  272  intent to sell, manufacture, or deliver, a controlled substance
  273  in, on, or within 1,000 feet of the real property comprising a
  274  child care facility as defined in s. 402.302 or a public or
  275  private elementary, middle, or secondary school between the
  276  hours of 6 a.m. and 12 midnight, or at any time in, on, or
  277  within 1,000 feet of real property comprising a state, county,
  278  or municipal park, a community center, or a publicly owned
  279  recreational facility. For the purposes of this paragraph, the
  280  term “community center” means a facility operated by a nonprofit
  281  community-based organization for the provision of recreational,
  282  social, or educational services to the public. Any person who
  283  violates this paragraph with respect to:
  284         1. A controlled substance named or described in s.
  285  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
  286  commits a felony of the first degree, punishable as provided in
  287  s. 775.082, s. 775.083, or s. 775.084. The defendant must be
  288  sentenced to a minimum term of imprisonment of 3 calendar years
  289  unless the offense was committed within 1,000 feet of the real
  290  property comprising a child care facility as defined in s.
  291  402.302.
  292         2. A controlled substance named or described in s.
  293  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  294  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  295  the second degree, punishable as provided in s. 775.082, s.
  296  775.083, or s. 775.084.
  297         3. Any other controlled substance, except as lawfully sold,
  298  manufactured, or delivered, must be sentenced to pay a $500 fine
  299  and to serve 100 hours of public service in addition to any
  300  other penalty prescribed by law.
  301  
  302  This paragraph does not apply to a child care facility unless
  303  the owner or operator of the facility posts a sign that is not
  304  less than 2 square feet in size with a word legend identifying
  305  the facility as a licensed child care facility and that is
  306  posted on the property of the child care facility in a
  307  conspicuous place where the sign is reasonably visible to the
  308  public.
  309         (d) Except as authorized by this chapter, it is unlawful
  310  for any person to sell, manufacture, or deliver, or possess with
  311  intent to sell, manufacture, or deliver, a controlled substance
  312  in, on, or within 1,000 feet of the real property comprising a
  313  public or private college, university, or other postsecondary
  314  educational institution. Any person who violates this paragraph
  315  with respect to:
  316         1. A controlled substance named or described in s.
  317  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
  318  commits a felony of the first degree, punishable as provided in
  319  s. 775.082, s. 775.083, or s. 775.084.
  320         2. A controlled substance named or described in s.
  321  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  322  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  323  the second degree, punishable as provided in s. 775.082, s.
  324  775.083, or s. 775.084.
  325         3. Any other controlled substance, except as lawfully sold,
  326  manufactured, or delivered, must be sentenced to pay a $500 fine
  327  and to serve 100 hours of public service in addition to any
  328  other penalty prescribed by law.
  329         (e) Except as authorized by this chapter, it is unlawful
  330  for any person to sell, manufacture, or deliver, or possess with
  331  intent to sell, manufacture, or deliver, a controlled substance
  332  not authorized by law in, on, or within 1,000 feet of a physical
  333  place for worship at which a church or religious organization
  334  regularly conducts religious services or within 1,000 feet of a
  335  convenience business as defined in s. 812.171. Any person who
  336  violates this paragraph with respect to:
  337         1. A controlled substance named or described in s.
  338  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
  339  commits a felony of the first degree, punishable as provided in
  340  s. 775.082, s. 775.083, or s. 775.084.
  341         2. A controlled substance named or described in s.
  342  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  343  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  344  the second degree, punishable as provided in s. 775.082, s.
  345  775.083, or s. 775.084.
  346         3. Any other controlled substance, except as lawfully sold,
  347  manufactured, or delivered, must be sentenced to pay a $500 fine
  348  and to serve 100 hours of public service in addition to any
  349  other penalty prescribed by law.
  350         (f) Except as authorized by this chapter, it is unlawful
  351  for any person to sell, manufacture, or deliver, or possess with
  352  intent to sell, manufacture, or deliver, a controlled substance
  353  in, on, or within 1,000 feet of the real property comprising a
  354  public housing facility at any time. For purposes of this
  355  section, the term “real property comprising a public housing
  356  facility” means real property, as defined in s. 421.03(12), of a
  357  public corporation created as a housing authority pursuant to
  358  part I of chapter 421. Any person who violates this paragraph
  359  with respect to:
  360         1. A controlled substance named or described in s.
  361  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
  362  commits a felony of the first degree, punishable as provided in
  363  s. 775.082, s. 775.083, or s. 775.084.
  364         2. A controlled substance named or described in s.
  365  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  366  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  367  the second degree, punishable as provided in s. 775.082, s.
  368  775.083, or s. 775.084.
  369         3. Any other controlled substance, except as lawfully sold,
  370  manufactured, or delivered, must be sentenced to pay a $500 fine
  371  and to serve 100 hours of public service in addition to any
  372  other penalty prescribed by law.
  373         (g) Except as authorized by this chapter, it is unlawful
  374  for any person to manufacture methamphetamine or phencyclidine,
  375  or possess any listed chemical as defined in s. 893.033 in
  376  violation of s. 893.149 and with intent to manufacture
  377  methamphetamine or phencyclidine. If any person violates this
  378  paragraph and:
  379         1. The commission or attempted commission of the crime
  380  occurs in a structure or conveyance where any child under 16
  381  years of age is present, the person commits a felony of the
  382  first degree, punishable as provided in s. 775.082, s. 775.083,
  383  or s. 775.084. In addition, the defendant must be sentenced to a
  384  minimum term of imprisonment of 5 calendar years.
  385         2. The commission of the crime causes any child under 16
  386  years of age to suffer great bodily harm, the person commits a
  387  felony of the first degree, punishable as provided in s.
  388  775.082, s. 775.083, or s. 775.084. In addition, the defendant
  389  must be sentenced to a minimum term of imprisonment of 10
  390  calendar years.
  391         (h) Except as authorized by this chapter, it is unlawful
  392  for any person to sell, manufacture, or deliver, or possess with
  393  intent to sell, manufacture, or deliver, a controlled substance
  394  in, on, or within 1,000 feet of the real property comprising an
  395  assisted living facility, as that term is used in chapter 429.
  396  Any person who violates this paragraph with respect to:
  397         1. A controlled substance named or described in s.
  398  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
  399  commits a felony of the first degree, punishable as provided in
  400  s. 775.082, s. 775.083, or s. 775.084.
  401         2. A controlled substance named or described in s.
  402  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  403  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  404  the second degree, punishable as provided in s. 775.082, s.
  405  775.083, or s. 775.084.
  406         (2)(a) Except as authorized by this chapter and chapter
  407  499, it is unlawful for any person to purchase, or possess with
  408  intent to purchase, a controlled substance. Any person who
  409  violates this provision with respect to:
  410         1. A controlled substance named or described in s.
  411  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
  412  commits a felony of the second degree, punishable as provided in
  413  s. 775.082, s. 775.083, or s. 775.084.
  414         2. A controlled substance named or described in s.
  415  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  416  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  417  the third degree, punishable as provided in s. 775.082, s.
  418  775.083, or s. 775.084.
  419         3. A controlled substance named or described in s.
  420  893.03(5) commits a misdemeanor of the first degree, punishable
  421  as provided in s. 775.082 or s. 775.083.
  422         (b) Except as provided in this chapter, it is unlawful to
  423  purchase in excess of 10 grams of any substance named or
  424  described in s. 893.03(1)(a) or (1)(b), or any combination
  425  thereof, or any mixture containing any such substance. Any
  426  person who violates this paragraph commits a felony of the first
  427  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  428  775.084.
  429         (3) Any person who delivers, without consideration, not
  430  more than 20 grams of cannabis, as defined in this chapter,
  431  commits a misdemeanor of the first degree, punishable as
  432  provided in s. 775.082 or s. 775.083. For the purposes of this
  433  paragraph, “cannabis” does not include the resin extracted from
  434  the plants of the genus Cannabis or any compound manufacture,
  435  salt, derivative, mixture, or preparation of such resin.
  436         (4) Except as authorized by this chapter, it is unlawful
  437  for any person 18 years of age or older to deliver any
  438  controlled substance to a person under the age of 18 years, or
  439  to use or hire a person under the age of 18 years as an agent or
  440  employee in the sale or delivery of such a substance, or to use
  441  such person to assist in avoiding detection or apprehension for
  442  a violation of this chapter. Any person who violates this
  443  provision with respect to:
  444         (a) A controlled substance named or described in s.
  445  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
  446  commits a felony of the first degree, punishable as provided in
  447  s. 775.082, s. 775.083, or s. 775.084.
  448         (b) A controlled substance named or described in s.
  449  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  450  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  451  the second degree, punishable as provided in s. 775.082, s.
  452  775.083, or s. 775.084.
  453  
  454  Imposition of sentence may not be suspended or deferred, nor
  455  shall the person so convicted be placed on probation.
  456         (5) It is unlawful for any person to bring into this state
  457  any controlled substance unless the possession of such
  458  controlled substance is authorized by this chapter or unless
  459  such person is licensed to do so by the appropriate federal
  460  agency. Any person who violates this provision with respect to:
  461         (a) A controlled substance named or described in s.
  462  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
  463  commits a felony of the second degree, punishable as provided in
  464  s. 775.082, s. 775.083, or s. 775.084.
  465         (b) A controlled substance named or described in s.
  466  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  467  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  468  the third degree, punishable as provided in s. 775.082, s.
  469  775.083, or s. 775.084.
  470         (c) A controlled substance named or described in s.
  471  893.03(5) commits a misdemeanor of the first degree, punishable
  472  as provided in s. 775.082 or s. 775.083.
  473         (6)(a) It is unlawful for any person to be in actual or
  474  constructive possession of a controlled substance unless such
  475  controlled substance was lawfully obtained from a practitioner
  476  or pursuant to a valid prescription or order of a practitioner
  477  while acting in the course of his or her professional practice
  478  or to be in actual or constructive possession of a controlled
  479  substance except as otherwise authorized by this chapter. Any
  480  person who violates this provision commits a felony of the third
  481  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  482  775.084.
  483         (b) If the offense is the possession of not more than 20
  484  grams of cannabis, as defined in this chapter, or 3 grams or
  485  less of a controlled substance described in s. 893.03(1)(c)46.
  486  50. and 114.-142., the person commits a misdemeanor of the first
  487  degree, punishable as provided in s. 775.082 or s. 775.083. For
  488  the purposes of this subsection, “cannabis” does not include the
  489  resin extracted from the plants of the genus Cannabis, or any
  490  compound manufacture, salt, derivative, mixture, or preparation
  491  of such resin, and a controlled substance described in s.
  492  893.03(1)(c)46.-50. and 114.-142. does not include the substance
  493  in a powdered form.
  494         (c) Except as provided in this chapter, it is unlawful to
  495  possess in excess of 10 grams of any substance named or
  496  described in s. 893.03(1)(a) or (1)(b), or any combination
  497  thereof, or any mixture containing any such substance. Any
  498  person who violates this paragraph commits a felony of the first
  499  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  500  775.084.
  501         (d) Notwithstanding any provision to the contrary of the
  502  laws of this state relating to arrest, a law enforcement officer
  503  may arrest without warrant any person who the officer has
  504  probable cause to believe is violating the provisions of this
  505  chapter relating to possession of cannabis.
  506         Section 3. For the purpose of incorporating the amendment
  507  made by this act to section 893.03, Florida Statutes, in
  508  references thereto, paragraphs (b), (c), (d), and (e) of
  509  subsection (3) of section 921.0022, Florida Statutes, are
  510  reenacted to read:
  511         921.0022 Criminal Punishment Code; offense severity ranking
  512  chart.—
  513         (3) OFFENSE SEVERITY RANKING CHART
  514         (b) LEVEL 2
  515  FloridaStatute   FelonyDegree                Description                 
  516  379.2431 (1)(e)3.  3rd   Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
  517  379.2431 (1)(e)4.  3rd   Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
  518  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.
  519  517.07             3rd   Registration of securities and furnishing of prospectus required.
  520  590.28(1)          3rd   Intentional burning of lands.               
  521  784.05(3)          3rd   Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
  522  787.04(1)          3rd   In violation of court order, take, entice, etc., minor beyond state limits.
  523  806.13(1)(b)3.     3rd   Criminal mischief; damage $1,000 or more to public communication or any other public service.
  524  810.061(2)         3rd   Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
  525  810.09(2)(e)       3rd   Trespassing on posted commercial horticulture property.
  526  812.014(2)(c)1.    3rd   Grand theft, 3rd degree; $300 or more but less than $5,000.
  527  812.014(2)(d)      3rd   Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.
  528  812.015(7)         3rd   Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
  529  817.234(1)(a)2.    3rd   False statement in support of insurance claim.
  530  817.481(3)(a)      3rd   Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
  531  817.52(3)          3rd   Failure to redeliver hired vehicle.         
  532  817.54             3rd   With intent to defraud, obtain mortgage note, etc., by false representation.
  533  817.60(5)          3rd   Dealing in credit cards of another.         
  534  817.60(6)(a)       3rd   Forgery; purchase goods, services with false card.
  535  817.61             3rd   Fraudulent use of credit cards over $100 or more within 6 months.
  536  826.04             3rd   Knowingly marries or has sexual intercourse with person to whom related.
  537  831.01             3rd   Forgery.                                    
  538  831.02             3rd   Uttering forged instrument; utters or publishes alteration with intent to defraud.
  539  831.07             3rd   Forging bank bills, checks, drafts, or promissory notes.
  540  831.08             3rd   Possessing 10 or more forged notes, bills, checks, or drafts.
  541  831.09             3rd   Uttering forged notes, bills, checks, drafts, or promissory notes.
  542  831.11             3rd   Bringing into the state forged bank bills, checks, drafts, or notes.
  543  832.05(3)(a)       3rd   Cashing or depositing item with intent to defraud.
  544  843.08             3rd   Falsely impersonating an officer.           
  545  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.
  546  893.147(2)         3rd   Manufacture or delivery of drug paraphernalia.
  547         (c) LEVEL 3
  548  FloridaStatute   FelonyDegree                Description                 
  549  119.10(2)(b)       3rd   Unlawful use of confidential information from police reports.
  550  316.066 (3)(b)-(d)  3rd   Unlawfully obtaining or using confidential crash reports.
  551  316.193(2)(b)      3rd   Felony DUI, 3rd conviction.                 
  552  316.1935(2)        3rd   Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
  553  319.30(4)          3rd   Possession by junkyard of motor vehicle with identification number plate removed.
  554  319.33(1)(a)       3rd   Alter or forge any certificate of title to a motor vehicle or mobile home.
  555  319.33(1)(c)       3rd   Procure or pass title on stolen vehicle.    
  556  319.33(4)          3rd   With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
  557  327.35(2)(b)       3rd   Felony BUI.                                 
  558  328.05(2)          3rd   Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
  559  328.07(4)          3rd   Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
  560  376.302(5)         3rd   Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
  561  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.
  562  379.2431 (1)(e)6.  3rd   Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
  563  400.9935(4)        3rd   Operating a clinic without a license or filing false license application or other required information.
  564  440.1051(3)        3rd   False report of workers’ compensation fraud or retaliation for making such a report.
  565  501.001(2)(b)      2nd   Tampers with a consumer product or the container using materially false/misleading information.
  566  624.401(4)(a)      3rd   Transacting insurance without a certificate of authority.
  567  624.401(4)(b)1.    3rd   Transacting insurance without a certificate of authority; premium collected less than $20,000.
  568  626.902(1)(a) & (b)  3rd   Representing an unauthorized insurer.       
  569  697.08             3rd   Equity skimming.                            
  570  790.15(3)          3rd   Person directs another to discharge firearm from a vehicle.
  571  796.05(1)          3rd   Live on earnings of a prostitute.           
  572  806.10(1)          3rd   Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
  573  806.10(2)          3rd   Interferes with or assaults firefighter in performance of duty.
  574  810.09(2)(c)       3rd   Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
  575  812.014(2)(c)2.    3rd   Grand theft; $5,000 or more but less than $10,000.
  576  812.0145(2)(c)     3rd   Theft from person 65 years of age or older; $300 or more but less than $10,000.
  577  815.04(4)(b)       2nd   Computer offense devised to defraud or obtain property.
  578  817.034(4)(a)3.    3rd   Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
  579  817.233            3rd   Burning to defraud insurer.                 
  580  817.234 (8)(b)-(c)  3rd   Unlawful solicitation of persons involved in motor vehicle accidents.
  581  817.234(11)(a)     3rd   Insurance fraud; property value less than $20,000.
  582  817.236            3rd   Filing a false motor vehicle insurance application.
  583  817.2361           3rd   Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
  584  817.413(2)         3rd   Sale of used goods as new.                  
  585  817.505(4)         3rd   Patient brokering.                          
  586  828.12(2)          3rd   Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
  587  831.28(2)(a)       3rd   Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
  588  831.29             2nd   Possession of instruments for counterfeiting drivers’ licenses or identification cards.
  589  838.021(3)(b)      3rd   Threatens unlawful harm to public servant.  
  590  843.19             3rd   Injure, disable, or kill police dog or horse.
  591  860.15(3)          3rd   Overcharging for repairs and parts.         
  592  870.01(2)          3rd   Riot; inciting or encouraging.              
  593  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).
  594  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.
  595  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.
  596  893.13(6)(a)       3rd   Possession of any controlled substance other than felony possession of cannabis.
  597  893.13(7)(a)8.     3rd   Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
  598  893.13(7)(a)9.     3rd   Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
  599  893.13(7)(a)10.    3rd   Affix false or forged label to package of controlled substance.
  600  893.13(7)(a)11.    3rd   Furnish false or fraudulent material information on any document or record required by chapter 893.
  601  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.
  602  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.
  603  893.13(8)(a)3.     3rd   Knowingly write a prescription for a controlled substance for a fictitious person.
  604  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.
  605  918.13(1)(a)       3rd   Alter, destroy, or conceal investigation evidence.
  606  944.47 (1)(a)1.-2.  3rd   Introduce contraband to correctional facility.
  607  944.47(1)(c)       2nd   Possess contraband while upon the grounds of a correctional institution.
  608  985.721            3rd   Escapes from a juvenile facility (secure detention or residential commitment facility).
  609         (d) LEVEL 4
  610  FloridaStatute   FelonyDegree                Description                 
  611  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.
  612  499.0051(1)        3rd   Failure to maintain or deliver pedigree papers.
  613  499.0051(2)        3rd   Failure to authenticate pedigree papers.    
  614  499.0051(6)        2nd   Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
  615  784.07(2)(b)       3rd   Battery of law enforcement officer, firefighter, etc.
  616  784.074(1)(c)      3rd   Battery of sexually violent predators facility staff.
  617  784.075            3rd   Battery on detention or commitment facility staff.
  618  784.078            3rd   Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
  619  784.08(2)(c)       3rd   Battery on a person 65 years of age or older.
  620  784.081(3)         3rd   Battery on specified official or employee.  
  621  784.082(3)         3rd   Battery by detained person on visitor or other detainee.
  622  784.083(3)         3rd   Battery on code inspector.                  
  623  784.085            3rd   Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
  624  787.03(1)          3rd   Interference with custody; wrongly takes minor from appointed guardian.
  625  787.04(2)          3rd   Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
  626  787.04(3)          3rd   Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
  627  790.115(1)         3rd   Exhibiting firearm or weapon within 1,000 feet of a school.
  628  790.115(2)(b)      3rd   Possessing electric weapon or device, destructive device, or other weapon on school property.
  629  790.115(2)(c)      3rd   Possessing firearm on school property.      
  630  800.04(7)(c)       3rd   Lewd or lascivious exhibition; offender less than 18 years.
  631  810.02(4)(a)       3rd   Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
  632  810.02(4)(b)       3rd   Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
  633  810.06             3rd   Burglary; possession of tools.              
  634  810.08(2)(c)       3rd   Trespass on property, armed with firearm or dangerous weapon.
  635  812.014(2)(c)3.    3rd   Grand theft, 3rd degree $10,000 or more but less than $20,000.
  636  812.014 (2)(c)4.-10.  3rd   Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
  637  812.0195(2)        3rd   Dealing in stolen property by use of the Internet; property stolen $300 or more.
  638  817.563(1)         3rd   Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
  639  817.568(2)(a)      3rd   Fraudulent use of personal identification information.
  640  817.625(2)(a)      3rd   Fraudulent use of scanning device or reencoder.
  641  828.125(1)         2nd   Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
  642  837.02(1)          3rd   Perjury in official proceedings.            
  643  837.021(1)         3rd   Make contradictory statements in official proceedings.
  644  838.022            3rd   Official misconduct.                        
  645  839.13(2)(a)       3rd   Falsifying records of an individual in the care and custody of a state agency.
  646  839.13(2)(c)       3rd   Falsifying records of the Department of Children and Family Services.
  647  843.021            3rd   Possession of a concealed handcuff key by a person in custody.
  648  843.025            3rd   Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
  649  843.15(1)(a)       3rd   Failure to appear while on bail for felony (bond estreature or bond jumping).
  650  847.0135(5)(c)     3rd   Lewd or lascivious exhibition using computer; offender less than 18 years.
  651  874.05(1)          3rd   Encouraging or recruiting another to join a criminal gang.
  652  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).
  653  914.14(2)          3rd   Witnesses accepting bribes.                 
  654  914.22(1)          3rd   Force, threaten, etc., witness, victim, or informant.
  655  914.23(2)          3rd   Retaliation against a witness, victim, or informant, no bodily injury.
  656  918.12             3rd   Tampering with jurors.                      
  657  934.215            3rd   Use of two-way communications device to facilitate commission of a crime.
  658         (e) LEVEL 5
  659  FloridaStatute   FelonyDegree                Description                 
  660  316.027(1)(a)      3rd   Accidents involving personal injuries, failure to stop; leaving scene.
  661  316.1935(4)(a)     2nd   Aggravated fleeing or eluding.              
  662  322.34(6)          3rd   Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
  663  327.30(5)          3rd   Vessel accidents involving personal injury; leaving scene.
  664  381.0041(11)(b)    3rd   Donate blood, plasma, or organs knowing HIV positive.
  665  440.10(1)(g)       2nd   Failure to obtain workers’ compensation coverage.
  666  440.105(5)         2nd   Unlawful solicitation for the purpose of making workers’ compensation claims.
  667  440.381(2)         2nd   Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
  668  624.401(4)(b)2.    2nd   Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
  669  626.902(1)(c)      2nd   Representing an unauthorized insurer; repeat offender.
  670  790.01(2)          3rd   Carrying a concealed firearm.               
  671  790.162            2nd   Threat to throw or discharge destructive device.
  672  790.163(1)         2nd   False report of deadly explosive or weapon of mass destruction.
  673  790.221(1)         2nd   Possession of short-barreled shotgun or machine gun.
  674  790.23             2nd   Felons in possession of firearms, ammunition, or electronic weapons or devices.
  675  800.04(6)(c)       3rd   Lewd or lascivious conduct; offender less than 18 years.
  676  800.04(7)(b)       2nd   Lewd or lascivious exhibition; offender 18 years or older.
  677  806.111(1)         3rd   Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
  678  812.0145(2)(b)     2nd   Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
  679  812.015(8)         3rd   Retail theft; property stolen is valued at $300 or more and one or more specified acts.
  680  812.019(1)         2nd   Stolen property; dealing in or trafficking in.
  681  812.131(2)(b)      3rd   Robbery by sudden snatching.                
  682  812.16(2)          3rd   Owning, operating, or conducting a chop shop.
  683  817.034(4)(a)2.    2nd   Communications fraud, value $20,000 to $50,000.
  684  817.234(11)(b)     2nd   Insurance fraud; property value $20,000 or more but less than $100,000.
  685  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.
  686  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.
  687  817.625(2)(b)      2nd   Second or subsequent fraudulent use of scanning device or reencoder.
  688  825.1025(4)        3rd   Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
  689  827.071(4)         2nd   Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
  690  827.071(5)         3rd   Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
  691  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.
  692  843.01             3rd   Resist officer with violence to person; resist arrest with violence.
  693  847.0135(5)(b)     2nd   Lewd or lascivious exhibition using computer; offender 18 years or older.
  694  847.0137 (2) & (3)  3rd   Transmission of pornography by electronic device or equipment.
  695  847.0138 (2) & (3)  3rd   Transmission of material harmful to minors to a minor by electronic device or equipment.
  696  874.05(2)          2nd   Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
  697  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).
  698  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.
  699  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.
  700  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.
  701  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.
  702  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).
  703  893.1351(1)        3rd   Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
  704         Section 4. This act shall take effect October 1, 2012.