Florida Senate - 2013                                    SB 1448
       
       
       
       By Senator Smith
       
       
       
       
       31-01003-13                                           20131448__
    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 III
    4         controlled substances certain specified materials,
    5         compounds, mixtures, or preparations that promote
    6         muscle growth or otherwise enhance athletic
    7         performance; reenacting s. 893.13(1)-(6), F.S.,
    8         relating to prohibited acts involving controlled
    9         substances, to incorporate the amendments made to s.
   10         893.03, F.S., in references thereto; reenacting s.
   11         921.0022(3)(b)-(e), F.S., relating to the Criminal
   12         Punishment Code offense severity ranking chart, to
   13         incorporate the amendments made to s. 893.03, F.S., in
   14         references thereto; providing an effective date.
   15  
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Paragraph (d) of subsection (3) of section
   19  893.03, Florida Statutes, is amended to read:
   20         893.03 Standards and schedules.—The substances enumerated
   21  in this section are controlled by this chapter. The controlled
   22  substances listed or to be listed in Schedules I, II, III, IV,
   23  and V are included by whatever official, common, usual,
   24  chemical, or trade name designated. The provisions of this
   25  section shall not be construed to include within any of the
   26  schedules contained in this section any excluded drugs listed
   27  within the purview of 21 C.F.R. s. 1308.22, styled “Excluded
   28  Substances”; 21 C.F.R. s. 1308.24, styled “Exempt Chemical
   29  Preparations”; 21 C.F.R. s. 1308.32, styled “Exempted
   30  Prescription Products”; or 21 C.F.R. s. 1308.34, styled “Exempt
   31  Anabolic Steroid Products.”
   32         (3) SCHEDULE III.—A substance in Schedule III has a
   33  potential for abuse less than the substances contained in
   34  Schedules I and II and has a currently accepted medical use in
   35  treatment in the United States, and abuse of the substance may
   36  lead to moderate or low physical dependence or high
   37  psychological dependence or, in the case of anabolic steroids,
   38  may lead to physical damage. The following substances are
   39  controlled in Schedule III:
   40         (d) Anabolic steroids.
   41         1. The term “anabolic steroid” means any drug or hormonal
   42  substance, chemically and pharmacologically related to
   43  testosterone, other than estrogens, progestins, and
   44  corticosteroids, that promotes muscle growth and includes:
   45         a. Androsterone.
   46         b. Androsterone acetate.
   47         c. Boldenone.
   48         d. Boldenone acetate.
   49         e. Boldenone benzoate.
   50         f. Boldenone undecylenate.
   51         g. Chlorotestosterone (4-chlortestosterone).
   52         h. Chorionic Gonadotropin, Human (hCG).
   53         i.h. Clostebol.
   54         j. CJC-1295.
   55         k.i. Dehydrochlormethyltestosterone.
   56         l.j. Dihydrotestosterone (4-dihydrotestosterone).
   57         m.k. Drostanolone.
   58         n.l. Ethylestrenol.
   59         o.m. Fluoxymesterone.
   60         p.n. Formebulone (formebolone).
   61         q. Growth-hormone-releasing factor (GRF, GHRF).
   62         r. Growth-hormone-releasing hormone (GHRH).
   63         s. Growth-hormone-releasing peptide 6 (GHRP-6).
   64         t. Human Growth Hormone (HGH).
   65         u.o. Mesterolone.
   66         v.p. Methandienone.
   67         w.q. Methandranone.
   68         x.r. Methandriol.
   69         y.s. Methandrostenolone.
   70         z.t. Methenolone.
   71         aa.u. Methyltestosterone.
   72         bb.v. Mibolerone.
   73         cc.w. Nandrolone.
   74         dd.x. Norethandrolone.
   75         ee.y. Nortestosterone.
   76         ff.z. Nortestosterone decanoate.
   77         gg.aa. Nortestosterone phenylpropionate.
   78         hh.bb. Nortestosterone propionate.
   79         ii.cc. Oxandrolone.
   80         jj.dd. Oxymesterone.
   81         kk.ee. Oxymetholone.
   82         ll. Sermorelin.
   83         mm. Somatropin.
   84         nn.ff. Stanolone.
   85         oo.gg. Stanozolol.
   86         pp. Tesamorelin.
   87         qq.hh. Testolactone.
   88         rr.ii. Testosterone.
   89         ss.jj. Testosterone acetate.
   90         tt.kk. Testosterone benzoate.
   91         uu.ll. Testosterone cypionate.
   92         vv.mm. Testosterone decanoate.
   93         ww.nn. Testosterone enanthate.
   94         xx.oo. Testosterone isocaproate.
   95         yy.pp. Testosterone oleate.
   96         zz.qq. Testosterone phenylpropionate.
   97         aaa.rr. Testosterone propionate.
   98         bbb.ss. Testosterone undecanoate.
   99         ccc.tt. Trenbolone.
  100         ddd.uu. Trenbolone acetate.
  101         eee.vv. Any salt, ester, or isomer of a drug or substance
  102  described or listed in this subparagraph if that salt, ester, or
  103  isomer promotes muscle growth.
  104         2. The term does not include an anabolic steroid that is
  105  expressly intended for administration through implants to cattle
  106  or other nonhuman species and that has been approved by the
  107  United States Secretary of Health and Human Services for such
  108  administration. However, any person who prescribes, dispenses,
  109  or distributes such a steroid for human use is considered to
  110  have prescribed, dispensed, or distributed an anabolic steroid
  111  within the meaning of this paragraph.
  112         Section 2. For the purpose of incorporating the amendment
  113  made by this act to section 893.03, Florida Statutes, in a
  114  reference thereto, subsections (1) through (6) of section
  115  893.13, Florida Statutes, are reenacted to read:
  116         893.13 Prohibited acts; penalties.—
  117         (1)(a) Except as authorized by this chapter and chapter
  118  499, it is unlawful for any person to sell, manufacture, or
  119  deliver, or possess with intent to sell, manufacture, or
  120  deliver, a controlled substance. Any person who violates this
  121  provision with respect to:
  122         1. A controlled substance named or described in s.
  123  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
  124  commits a felony of the second degree, punishable as provided in
  125  s. 775.082, s. 775.083, or s. 775.084.
  126         2. A controlled substance named or described in s.
  127  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  128  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  129  the third degree, punishable as provided in s. 775.082, s.
  130  775.083, or s. 775.084.
  131         3. A controlled substance named or described in s.
  132  893.03(5) commits a misdemeanor of the first degree, punishable
  133  as provided in s. 775.082 or s. 775.083.
  134         (b) Except as provided in this chapter, it is unlawful to
  135  sell or deliver in excess of 10 grams of any substance named or
  136  described in s. 893.03(1)(a) or (1)(b), or any combination
  137  thereof, or any mixture containing any such substance. Any
  138  person who violates this paragraph commits a felony of the first
  139  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  140  775.084.
  141         (c) Except as authorized by this chapter, it is unlawful
  142  for any person to sell, manufacture, or deliver, or possess with
  143  intent to sell, manufacture, or deliver, a controlled substance
  144  in, on, or within 1,000 feet of the real property comprising a
  145  child care facility as defined in s. 402.302 or a public or
  146  private elementary, middle, or secondary school between the
  147  hours of 6 a.m. and 12 midnight, or at any time in, on, or
  148  within 1,000 feet of real property comprising a state, county,
  149  or municipal park, a community center, or a publicly owned
  150  recreational facility. For the purposes of this paragraph, the
  151  term “community center” means a facility operated by a nonprofit
  152  community-based organization for the provision of recreational,
  153  social, or educational services to the public. Any person who
  154  violates this paragraph with respect to:
  155         1. A controlled substance named or described in s.
  156  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
  157  commits a felony of the first degree, punishable as provided in
  158  s. 775.082, s. 775.083, or s. 775.084. The defendant must be
  159  sentenced to a minimum term of imprisonment of 3 calendar years
  160  unless the offense was committed within 1,000 feet of the real
  161  property comprising a child care facility as defined in s.
  162  402.302.
  163         2. A controlled substance named or described in s.
  164  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  165  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  166  the second degree, punishable as provided in s. 775.082, s.
  167  775.083, or s. 775.084.
  168         3. Any other controlled substance, except as lawfully sold,
  169  manufactured, or delivered, must be sentenced to pay a $500 fine
  170  and to serve 100 hours of public service in addition to any
  171  other penalty prescribed by law.
  172  
  173  This paragraph does not apply to a child care facility unless
  174  the owner or operator of the facility posts a sign that is not
  175  less than 2 square feet in size with a word legend identifying
  176  the facility as a licensed child care facility and that is
  177  posted on the property of the child care facility in a
  178  conspicuous place where the sign is reasonably visible to the
  179  public.
  180         (d) Except as authorized by this chapter, it is unlawful
  181  for any person to sell, manufacture, or deliver, or possess with
  182  intent to sell, manufacture, or deliver, a controlled substance
  183  in, on, or within 1,000 feet of the real property comprising a
  184  public or private college, university, or other postsecondary
  185  educational institution. Any person who violates this paragraph
  186  with respect to:
  187         1. A controlled substance named or described in s.
  188  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
  189  commits a felony of the first degree, punishable as provided in
  190  s. 775.082, s. 775.083, or s. 775.084.
  191         2. A controlled substance named or described in s.
  192  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  193  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  194  the second degree, punishable as provided in s. 775.082, s.
  195  775.083, or s. 775.084.
  196         3. Any other controlled substance, except as lawfully sold,
  197  manufactured, or delivered, must be sentenced to pay a $500 fine
  198  and to serve 100 hours of public service in addition to any
  199  other penalty prescribed by law.
  200         (e) Except as authorized by this chapter, it is unlawful
  201  for any person to sell, manufacture, or deliver, or possess with
  202  intent to sell, manufacture, or deliver, a controlled substance
  203  not authorized by law in, on, or within 1,000 feet of a physical
  204  place for worship at which a church or religious organization
  205  regularly conducts religious services or within 1,000 feet of a
  206  convenience business as defined in s. 812.171. Any person who
  207  violates this paragraph with respect to:
  208         1. A controlled substance named or described in s.
  209  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
  210  commits a felony of the first degree, punishable as provided in
  211  s. 775.082, s. 775.083, or s. 775.084.
  212         2. A controlled substance named or described in s.
  213  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  214  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  215  the second degree, punishable as provided in s. 775.082, s.
  216  775.083, or s. 775.084.
  217         3. Any other controlled substance, except as lawfully sold,
  218  manufactured, or delivered, must be sentenced to pay a $500 fine
  219  and to serve 100 hours of public service in addition to any
  220  other penalty prescribed by law.
  221         (f) Except as authorized by this chapter, it is unlawful
  222  for any person to sell, manufacture, or deliver, or possess with
  223  intent to sell, manufacture, or deliver, a controlled substance
  224  in, on, or within 1,000 feet of the real property comprising a
  225  public housing facility at any time. For purposes of this
  226  section, the term “real property comprising a public housing
  227  facility” means real property, as defined in s. 421.03(12), of a
  228  public corporation created as a housing authority pursuant to
  229  part I of chapter 421. Any person who violates this paragraph
  230  with respect to:
  231         1. A controlled substance named or described in s.
  232  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
  233  commits a felony of the first degree, punishable as provided in
  234  s. 775.082, s. 775.083, or s. 775.084.
  235         2. A controlled substance named or described in s.
  236  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  237  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  238  the second degree, punishable as provided in s. 775.082, s.
  239  775.083, or s. 775.084.
  240         3. Any other controlled substance, except as lawfully sold,
  241  manufactured, or delivered, must be sentenced to pay a $500 fine
  242  and to serve 100 hours of public service in addition to any
  243  other penalty prescribed by law.
  244         (g) Except as authorized by this chapter, it is unlawful
  245  for any person to manufacture methamphetamine or phencyclidine,
  246  or possess any listed chemical as defined in s. 893.033 in
  247  violation of s. 893.149 and with intent to manufacture
  248  methamphetamine or phencyclidine. If any person violates this
  249  paragraph and:
  250         1. The commission or attempted commission of the crime
  251  occurs in a structure or conveyance where any child under 16
  252  years of age is present, the person commits a felony of the
  253  first degree, punishable as provided in s. 775.082, s. 775.083,
  254  or s. 775.084. In addition, the defendant must be sentenced to a
  255  minimum term of imprisonment of 5 calendar years.
  256         2. The commission of the crime causes any child under 16
  257  years of age to suffer great bodily harm, the person commits a
  258  felony of the first degree, punishable as provided in s.
  259  775.082, s. 775.083, or s. 775.084. In addition, the defendant
  260  must be sentenced to a minimum term of imprisonment of 10
  261  calendar years.
  262         (h) Except as authorized by this chapter, it is unlawful
  263  for any person to sell, manufacture, or deliver, or possess with
  264  intent to sell, manufacture, or deliver, a controlled substance
  265  in, on, or within 1,000 feet of the real property comprising an
  266  assisted living facility, as that term is used in chapter 429.
  267  Any person who violates this paragraph with respect to:
  268         1. A controlled substance named or described in s.
  269  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
  270  commits a felony of the first degree, punishable as provided in
  271  s. 775.082, s. 775.083, or s. 775.084.
  272         2. A controlled substance named or described in s.
  273  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  274  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  275  the second degree, punishable as provided in s. 775.082, s.
  276  775.083, or s. 775.084.
  277         (2)(a) Except as authorized by this chapter and chapter
  278  499, it is unlawful for any person to purchase, or possess with
  279  intent to purchase, a controlled substance. Any person who
  280  violates this provision with respect to:
  281         1. A controlled substance named or described in s.
  282  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
  283  commits a felony of the second degree, punishable as provided in
  284  s. 775.082, s. 775.083, or s. 775.084.
  285         2. A controlled substance named or described in s.
  286  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  287  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  288  the third degree, punishable as provided in s. 775.082, s.
  289  775.083, or s. 775.084.
  290         3. A controlled substance named or described in s.
  291  893.03(5) commits a misdemeanor of the first degree, punishable
  292  as provided in s. 775.082 or s. 775.083.
  293         (b) Except as provided in this chapter, it is unlawful to
  294  purchase in excess of 10 grams of any substance named or
  295  described in s. 893.03(1)(a) or (1)(b), or any combination
  296  thereof, or any mixture containing any such substance. Any
  297  person who violates this paragraph commits a felony of the first
  298  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  299  775.084.
  300         (3) Any person who delivers, without consideration, not
  301  more than 20 grams of cannabis, as defined in this chapter,
  302  commits a misdemeanor of the first degree, punishable as
  303  provided in s. 775.082 or s. 775.083. For the purposes of this
  304  paragraph, “cannabis” does not include the resin extracted from
  305  the plants of the genus Cannabis or any compound manufacture,
  306  salt, derivative, mixture, or preparation of such resin.
  307         (4) Except as authorized by this chapter, it is unlawful
  308  for any person 18 years of age or older to deliver any
  309  controlled substance to a person under the age of 18 years, or
  310  to use or hire a person under the age of 18 years as an agent or
  311  employee in the sale or delivery of such a substance, or to use
  312  such person to assist in avoiding detection or apprehension for
  313  a violation of this chapter. Any person who violates this
  314  provision with respect to:
  315         (a) A controlled substance named or described in s.
  316  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
  317  commits a felony of the first degree, punishable as provided in
  318  s. 775.082, s. 775.083, or s. 775.084.
  319         (b) A controlled substance named or described in s.
  320  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  321  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  322  the second degree, punishable as provided in s. 775.082, s.
  323  775.083, or s. 775.084.
  324  
  325  Imposition of sentence may not be suspended or deferred, nor
  326  shall the person so convicted be placed on probation.
  327         (5) It is unlawful for any person to bring into this state
  328  any controlled substance unless the possession of such
  329  controlled substance is authorized by this chapter or unless
  330  such person is licensed to do so by the appropriate federal
  331  agency. Any person who violates this provision with respect to:
  332         (a) A controlled substance named or described in s.
  333  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
  334  commits a felony of the second degree, punishable as provided in
  335  s. 775.082, s. 775.083, or s. 775.084.
  336         (b) A controlled substance named or described in s.
  337  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  338  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  339  the third degree, punishable as provided in s. 775.082, s.
  340  775.083, or s. 775.084.
  341         (c) A controlled substance named or described in s.
  342  893.03(5) commits a misdemeanor of the first degree, punishable
  343  as provided in s. 775.082 or s. 775.083.
  344         (6)(a) It is unlawful for any person to be in actual or
  345  constructive possession of a controlled substance unless such
  346  controlled substance was lawfully obtained from a practitioner
  347  or pursuant to a valid prescription or order of a practitioner
  348  while acting in the course of his or her professional practice
  349  or to be in actual or constructive possession of a controlled
  350  substance except as otherwise authorized by this chapter. Any
  351  person who violates this provision commits a felony of the third
  352  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  353  775.084.
  354         (b) If the offense is the possession of not more than 20
  355  grams of cannabis, as defined in this chapter, or 3 grams or
  356  less of a controlled substance described in s. 893.03(1)(c)46.
  357  50. and 114.-142., the person commits a misdemeanor of the first
  358  degree, punishable as provided in s. 775.082 or s. 775.083. For
  359  the purposes of this subsection, “cannabis” does not include the
  360  resin extracted from the plants of the genus Cannabis, or any
  361  compound manufacture, salt, derivative, mixture, or preparation
  362  of such resin, and a controlled substance described in s.
  363  893.03(1)(c)46.-50. and 114.-142. does not include the substance
  364  in a powdered form.
  365         (c) Except as provided in this chapter, it is unlawful to
  366  possess in excess of 10 grams of any substance named or
  367  described in s. 893.03(1)(a) or (1)(b), or any combination
  368  thereof, or any mixture containing any such substance. Any
  369  person who violates this paragraph commits a felony of the first
  370  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  371  775.084.
  372         (d) Notwithstanding any provision to the contrary of the
  373  laws of this state relating to arrest, a law enforcement officer
  374  may arrest without warrant any person who the officer has
  375  probable cause to believe is violating the provisions of this
  376  chapter relating to possession of cannabis.
  377         Section 3. For the purpose of incorporating the amendment
  378  made by this act to section 893.03, Florida Statutes, in a
  379  reference thereto, paragraphs (b) through (e) of subsection (3)
  380  of section 921.0022, Florida Statutes, are reenacted to read:
  381         921.0022 Criminal Punishment Code; offense severity ranking
  382  chart.—
  383         (3) OFFENSE SEVERITY RANKING CHART
  384         (b) LEVEL 2
  385  FloridaStatute   FelonyDegree                Description                 
  386  379.2431 (1)(e)3.  3rd   Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
  387  379.2431 (1)(e)4.  3rd   Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
  388  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.
  389  517.07(2)          3rd   Failure to furnish a prospectus meeting requirements.
  390  590.28(1)          3rd   Intentional burning of lands.               
  391  784.05(3)          3rd   Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
  392  787.04(1)          3rd   In violation of court order, take, entice, etc., minor beyond state limits.
  393  806.13(1)(b)3.     3rd   Criminal mischief; damage $1,000 or more to public communication or any other public service.
  394  810.061(2)         3rd   Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
  395  810.09(2)(e)       3rd   Trespassing on posted commercial horticulture property.
  396  812.014(2)(c)1.    3rd   Grand theft, 3rd degree; $300 or more but less than $5,000.
  397  812.014(2)(d)      3rd   Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.
  398  812.015(7)         3rd   Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
  399  817.234(1)(a)2.    3rd   False statement in support of insurance claim.
  400  817.481(3)(a)      3rd   Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
  401  817.52(3)          3rd   Failure to redeliver hired vehicle.         
  402  817.54             3rd   With intent to defraud, obtain mortgage note, etc., by false representation.
  403  817.60(5)          3rd   Dealing in credit cards of another.         
  404  817.60(6)(a)       3rd   Forgery; purchase goods, services with false card.
  405  817.61             3rd   Fraudulent use of credit cards over $100 or more within 6 months.
  406  826.04             3rd   Knowingly marries or has sexual intercourse with person to whom related.
  407  831.01             3rd   Forgery.                                    
  408  831.02             3rd   Uttering forged instrument; utters or publishes alteration with intent to defraud.
  409  831.07             3rd   Forging bank bills, checks, drafts, or promissory notes.
  410  831.08             3rd   Possessing 10 or more forged notes, bills, checks, or drafts.
  411  831.09             3rd   Uttering forged notes, bills, checks, drafts, or promissory notes.
  412  831.11             3rd   Bringing into the state forged bank bills, checks, drafts, or notes.
  413  832.05(3)(a)       3rd   Cashing or depositing item with intent to defraud.
  414  843.08             3rd   Falsely impersonating an officer.           
  415  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.
  416  893.147(2)         3rd   Manufacture or delivery of drug paraphernalia.
  417         (c) LEVEL 3
  418  FloridaStatute   FelonyDegree                Description                 
  419  119.10(2)(b)       3rd   Unlawful use of confidential information from police reports.
  420  316.066 (3)(b)-(d)  3rd   Unlawfully obtaining or using confidential crash reports.
  421  316.193(2)(b)      3rd   Felony DUI, 3rd conviction.                 
  422  316.1935(2)        3rd   Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
  423  319.30(4)          3rd   Possession by junkyard of motor vehicle with identification number plate removed.
  424  319.33(1)(a)       3rd   Alter or forge any certificate of title to a motor vehicle or mobile home.
  425  319.33(1)(c)       3rd   Procure or pass title on stolen vehicle.    
  426  319.33(4)          3rd   With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
  427  327.35(2)(b)       3rd   Felony BUI.                                 
  428  328.05(2)          3rd   Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
  429  328.07(4)          3rd   Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
  430  376.302(5)         3rd   Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
  431  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.
  432  379.2431 (1)(e)6.  3rd   Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
  433  400.9935(4)        3rd   Operating a clinic without a license or filing false license application or other required information.
  434  440.1051(3)        3rd   False report of workers’ compensation fraud or retaliation for making such a report.
  435  501.001(2)(b)      2nd   Tampers with a consumer product or the container using materially false/misleading information.
  436  624.401(4)(a)      3rd   Transacting insurance without a certificate of authority.
  437  624.401(4)(b)1.    3rd   Transacting insurance without a certificate of authority; premium collected less than $20,000.
  438  626.902(1)(a) & (b)  3rd   Representing an unauthorized insurer.       
  439  697.08             3rd   Equity skimming.                            
  440  790.15(3)          3rd   Person directs another to discharge firearm from a vehicle.
  441  796.05(1)          3rd   Live on earnings of a prostitute.           
  442  806.10(1)          3rd   Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
  443  806.10(2)          3rd   Interferes with or assaults firefighter in performance of duty.
  444  810.09(2)(c)       3rd   Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
  445  812.014(2)(c)2.    3rd   Grand theft; $5,000 or more but less than $10,000.
  446  812.0145(2)(c)     3rd   Theft from person 65 years of age or older; $300 or more but less than $10,000.
  447  815.04(4)(b)       2nd   Computer offense devised to defraud or obtain property.
  448  817.034(4)(a)3.    3rd   Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
  449  817.233            3rd   Burning to defraud insurer.                 
  450  817.234 (8)(b)-(c)  3rd   Unlawful solicitation of persons involved in motor vehicle accidents.
  451  817.234(11)(a)     3rd   Insurance fraud; property value less than $20,000.
  452  817.236            3rd   Filing a false motor vehicle insurance application.
  453  817.2361           3rd   Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
  454  817.413(2)         3rd   Sale of used goods as new.                  
  455  817.505(4)         3rd   Patient brokering.                          
  456  828.12(2)          3rd   Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
  457  831.28(2)(a)       3rd   Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
  458  831.29             2nd   Possession of instruments for counterfeiting drivers’ licenses or identification cards.
  459  838.021(3)(b)      3rd   Threatens unlawful harm to public servant.  
  460  843.19             3rd   Injure, disable, or kill police dog or horse.
  461  860.15(3)          3rd   Overcharging for repairs and parts.         
  462  870.01(2)          3rd   Riot; inciting or encouraging.              
  463  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).
  464  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.
  465  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.
  466  893.13(6)(a)       3rd   Possession of any controlled substance other than felony possession of cannabis.
  467  893.13(7)(a)8.     3rd   Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
  468  893.13(7)(a)9.     3rd   Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
  469  893.13(7)(a)10.    3rd   Affix false or forged label to package of controlled substance.
  470  893.13(7)(a)11.    3rd   Furnish false or fraudulent material information on any document or record required by chapter 893.
  471  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.
  472  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.
  473  893.13(8)(a)3.     3rd   Knowingly write a prescription for a controlled substance for a fictitious person.
  474  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.
  475  918.13(1)(a)       3rd   Alter, destroy, or conceal investigation evidence.
  476  944.47 (1)(a)1.-2.  3rd   Introduce contraband to correctional facility.
  477  944.47(1)(c)       2nd   Possess contraband while upon the grounds of a correctional institution.
  478  985.721            3rd   Escapes from a juvenile facility (secure detention or residential commitment facility).
  479         (d) LEVEL 4
  480  FloridaStatute   FelonyDegree                Description                 
  481  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.
  482  499.0051(1)        3rd   Failure to maintain or deliver pedigree papers.
  483  499.0051(2)        3rd   Failure to authenticate pedigree papers.    
  484  499.0051(6)        2nd   Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
  485  517.07(1)          3rd   Failure to register securities.             
  486  517.12(1)          3rd   Failure of dealer, associated person, or issuer of securities to register.
  487  784.07(2)(b)       3rd   Battery of law enforcement officer, firefighter, etc.
  488  784.074(1)(c)      3rd   Battery of sexually violent predators facility staff.
  489  784.075            3rd   Battery on detention or commitment facility staff.
  490  784.078            3rd   Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
  491  784.08(2)(c)       3rd   Battery on a person 65 years of age or older.
  492  784.081(3)         3rd   Battery on specified official or employee.  
  493  784.082(3)         3rd   Battery by detained person on visitor or other detainee.
  494  784.083(3)         3rd   Battery on code inspector.                  
  495  784.085            3rd   Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
  496  787.03(1)          3rd   Interference with custody; wrongly takes minor from appointed guardian.
  497  787.04(2)          3rd   Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
  498  787.04(3)          3rd   Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
  499  787.07             3rd   Human smuggling.                            
  500  790.115(1)         3rd   Exhibiting firearm or weapon within 1,000 feet of a school.
  501  790.115(2)(b)      3rd   Possessing electric weapon or device, destructive device, or other weapon on school property.
  502  790.115(2)(c)      3rd   Possessing firearm on school property.      
  503  800.04(7)(c)       3rd   Lewd or lascivious exhibition; offender less than 18 years.
  504  810.02(4)(a)       3rd   Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
  505  810.02(4)(b)       3rd   Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
  506  810.06             3rd   Burglary; possession of tools.              
  507  810.08(2)(c)       3rd   Trespass on property, armed with firearm or dangerous weapon.
  508  812.014(2)(c)3.    3rd   Grand theft, 3rd degree $10,000 or more but less than $20,000.
  509  812.014 (2)(c)4.-10.  3rd   Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
  510  812.0195(2)        3rd   Dealing in stolen property by use of the Internet; property stolen $300 or more.
  511  817.563(1)         3rd   Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
  512  817.568(2)(a)      3rd   Fraudulent use of personal identification information.
  513  817.625(2)(a)      3rd   Fraudulent use of scanning device or reencoder.
  514  828.125(1)         2nd   Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
  515  837.02(1)          3rd   Perjury in official proceedings.            
  516  837.021(1)         3rd   Make contradictory statements in official proceedings.
  517  838.022            3rd   Official misconduct.                        
  518  839.13(2)(a)       3rd   Falsifying records of an individual in the care and custody of a state agency.
  519  839.13(2)(c)       3rd   Falsifying records of the Department of Children and Family Services.
  520  843.021            3rd   Possession of a concealed handcuff key by a person in custody.
  521  843.025            3rd   Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
  522  843.15(1)(a)       3rd   Failure to appear while on bail for felony (bond estreature or bond jumping).
  523  847.0135(5)(c)     3rd   Lewd or lascivious exhibition using computer; offender less than 18 years.
  524  874.05(1)          3rd   Encouraging or recruiting another to join a criminal gang.
  525  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).
  526  914.14(2)          3rd   Witnesses accepting bribes.                 
  527  914.22(1)          3rd   Force, threaten, etc., witness, victim, or informant.
  528  914.23(2)          3rd   Retaliation against a witness, victim, or informant, no bodily injury.
  529  918.12             3rd   Tampering with jurors.                      
  530  934.215            3rd   Use of two-way communications device to facilitate commission of a crime.
  531         (e) LEVEL 5
  532  FloridaStatute    FelonyDegree                Description                
  533  316.027(1)(a)       3rd   Accidents involving personal injuries, failure to stop; leaving scene.
  534  316.1935(4)(a)      2nd   Aggravated fleeing or eluding.             
  535  322.34(6)           3rd   Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
  536  327.30(5)           3rd   Vessel accidents involving personal injury; leaving scene.
  537  379.367(4)          3rd   Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
  538  379.3671(2)(c)3.    3rd   Willful molestation, possession, or removal of a commercial harvester’s trap contents or trap gear by another harvester.
  539  381.0041(11)(b)     3rd   Donate blood, plasma, or organs knowing HIV positive.
  540  440.10(1)(g)        2nd   Failure to obtain workers’ compensation coverage.
  541  440.105(5)          2nd   Unlawful solicitation for the purpose of making workers’ compensation claims.
  542  440.381(2)          2nd   Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
  543  624.401(4)(b)2.     2nd   Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
  544  626.902(1)(c)       2nd   Representing an unauthorized insurer; repeat offender.
  545  790.01(2)           3rd   Carrying a concealed firearm.              
  546  790.162             2nd   Threat to throw or discharge destructive device.
  547  790.163(1)          2nd   False report of deadly explosive or weapon of mass destruction.
  548  790.221(1)          2nd   Possession of short-barreled shotgun or machine gun.
  549  790.23              2nd   Felons in possession of firearms, ammunition, or electronic weapons or devices.
  550  800.04(6)(c)        3rd   Lewd or lascivious conduct; offender less than 18 years.
  551  800.04(7)(b)        2nd   Lewd or lascivious exhibition; offender 18 years or older.
  552  806.111(1)          3rd   Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
  553  812.0145(2)(b)      2nd   Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
  554  812.015(8)          3rd   Retail theft; property stolen is valued at $300 or more and one or more specified acts.
  555  812.019(1)          2nd   Stolen property; dealing in or trafficking in.
  556  812.131(2)(b)       3rd   Robbery by sudden snatching.               
  557  812.16(2)           3rd   Owning, operating, or conducting a chop shop.
  558  817.034(4)(a)2.     2nd   Communications fraud, value $20,000 to $50,000.
  559  817.234(11)(b)      2nd   Insurance fraud; property value $20,000 or more but less than $100,000.
  560  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.
  561  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.
  562  817.625(2)(b)       2nd   Second or subsequent fraudulent use of scanning device or reencoder.
  563  825.1025(4)         3rd   Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
  564  827.071(4)          2nd   Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
  565  827.071(5)          3rd   Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
  566  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.
  567  843.01              3rd   Resist officer with violence to person; resist arrest with violence.
  568  847.0135(5)(b)      2nd   Lewd or lascivious exhibition using computer; offender 18 years or older.
  569  847.0137 (2) & (3)  3rd   Transmission of pornography by electronic device or equipment.
  570  847.0138 (2) & (3)  3rd   Transmission of material harmful to minors to a minor by electronic device or equipment.
  571  874.05(2)           2nd   Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
  572  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).
  573  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.
  574  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.
  575  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.
  576  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.
  577  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).
  578  893.1351(1)         3rd   Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
  579         Section 4. This act shall take effect October 1, 2013.