Florida Senate - 2016                          SENATOR AMENDMENT
       Bill No. CS/CS/CS/HB 307, 1st Eng.
       
       
       
       
       
       
                                Ì970848PÎ970848                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             03/04/2016 10:16 AM       .                                
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       Senator Clemens moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. This act may be cited as the “Cathy Jordan
    6  Medical Cannabis Act.”
    7         Section 2. Section 381.986, Florida Statutes, is repealed.
    8         Section 3. Part XVII of chapter 468, Florida Statutes,
    9  consisting of sections 468.901-468.918, is created to read:
   10         468.901Purpose.—The purpose of part IV of chapter 499 and
   11  this part is to:
   12         (1) Make a distinction between the medical use and
   13  nonmedical use of cannabis and to protect qualifying patients,
   14  their prescribing physicians, their caregivers, and persons who
   15  lawfully engage in activities associated with the operation of a
   16  dispensary or a medical cannabis farm from arrest, criminal
   17  prosecution, property forfeiture, and other penalties if such
   18  patients, physicians, caregivers, and persons engage in the
   19  medical use of cannabis. Compassionate medical use of cannabis
   20  will also reduce state law enforcement costs, including, but not
   21  limited to, state prison costs, local jail costs, felony
   22  prosecution costs, court and probation costs, costs associated
   23  with felony and misdemeanor arrests, and alternative treatment
   24  costs by reducing the incidence of arrest and prosecution of
   25  nonviolent cannabis users and traffickers in the state.
   26         (2) Provide consumer protection regarding the medical use
   27  of cannabis by regulating the cultivation, manufacturing,
   28  wholesale distribution, prescribing, and retailing of cannabis,
   29  cannabis-based products, cannabis plants, and drug paraphernalia
   30  in the state in order to:
   31         (a) Safeguard the public health, safety, and welfare.
   32         (b) Protect the public from being misled by unscrupulous
   33  and unauthorized persons or criminal activity.
   34         (c) Ensure the highest degree of conduct on the part of
   35  owners, directors, officers, members, employees, and agents of
   36  medical cannabis farms and dispensaries.
   37         (d) Ensure the availability of controlled distribution and
   38  use of high-quality cannabis, cannabis-based products, cannabis
   39  plants, and drug paraphernalia in this state for the benefit of
   40  a qualifying patient who is prescribed cannabis for medical use.
   41         468.902 Legislative findings and intent.—
   42         (1) The Legislature finds that:
   43         (a) Modern medical research has discovered beneficial uses
   44  for cannabis in treating or alleviating pain, nausea, and other
   45  symptoms associated with certain qualifying medical conditions,
   46  as indicated by the National Academy of Sciences’ Institute of
   47  Medicine (IOM) in its report dated March 1999, cited by the
   48  United States Department of Health and Human Services, which
   49  found that “there is substantial consensus among experts in the
   50  relevant disciplines on the scientific evidence about potential
   51  medical uses of marijuana.”
   52         (b) The prohibition against the use of cannabis has been in
   53  effect for many years and is rooted in outdated scientific
   54  evidence that does not make a reasonable distinction between its
   55  recreational use and beneficial medicinal use.
   56         (c) Although federal law currently prohibits any use of
   57  marijuana and cannabis, the laws of Alaska, Arizona, California,
   58  Colorado, Connecticut, Delaware, District of Columbia, Hawaii,
   59  Illinois, Maine, Massachusetts, Michigan, Montana, Nevada, New
   60  Hampshire, New Jersey, New Mexico, Oregon, Rhode Island,
   61  Vermont, and Washington allow the medical use of cannabis and
   62  the cultivation of marijuana as of January 2014. This state
   63  joins in this effort for the health, safety, and welfare of its
   64  residents through enacting the Cathy Jordan Medical Cannabis Act
   65  and creating license and permit regulations in this part.
   66         (d) The medical use of cannabis offers a substantial
   67  benefit to the health, safety, and welfare of the residents of
   68  this state, and it is the intent of the Legislature that this
   69  part and part III of chapter 499 be liberally construed to make
   70  these benefits available to the residents of this state.
   71         (e) The states are not required to enforce federal law or
   72  prosecute people for engaging in activities prohibited by
   73  federal law. Therefore, compliance with this part and part III
   74  of chapter 499 does not place this state in violation of federal
   75  law.
   76         (2) The Tenth Amendment of the United States Constitution
   77  provides that powers not delegated to the Federal Government by
   78  the federal constitution, nor prohibited to the states, are
   79  reserved to the states or the people. Therefore, the Legislature
   80  may enact this part pursuant to its police power to enact
   81  legislation for the protection of the health of its residents.
   82         (3) The provisions of this part and part III of chapter 499
   83  are cumulative and do not repeal or affect any power, duty, or
   84  authority of the Department of Business and Professional
   85  Regulation, the Department of Health, and the Department of
   86  Revenue under any other law of this state, except with respect
   87  to the regulation of cannabis as provided in this part and part
   88  III of chapter 499. If the provisions of this part or part III
   89  of chapter 499 conflict with any other such law, the provisions
   90  of this part and part III of chapter 499 control.
   91         468.903 Definitions.—As used in this part, unless the
   92  context clearly indicates otherwise, the term:
   93         (1) “Administer” has the same meaning as provided in s.
   94  893.02.
   95         (2) “Cannabis” has the same meaning as provided in s.
   96  893.02.
   97         (3) “Cannabis-based product” means a product that contains
   98  cannabis or any of its derivatives, including, but not limited
   99  to, tonics, tinctures, balms, salves, lotions, sprays,
  100  ointments, teas, sodas, and pills.
  101         (4) “Cannabis plant” has the same meaning as provided in s.
  102  893.135.
  103         (5) “Cultivating” has the same meaning as provided in s.
  104  893.02.
  105         (6) “Deliver” or “delivery” has the same meaning as
  106  provided in s. 893.02.
  107         (7) “Department” means the Department of Business and
  108  Professional Regulation.
  109         (8) “Dispensary” means a facility that is:
  110         (a) Licensed by the department pursuant to this chapter;
  111  and
  112         (b) Operated by an organization or business from or at
  113  which cannabis, cannabis-based products, and cannabis plants are
  114  delivered, purchased, possessed, or dispensed and drug
  115  paraphernalia are possessed, delivered, or distributed to a
  116  qualifying patient or the patient’s caregiver.
  117         (9) “Dispense” means the transfer of possession of cannabis
  118  by a person who represents that it is his or her intention not
  119  to consume the cannabis but to transfer it to the ultimate
  120  consumer or user for its medical use in accordance with this
  121  part, part III of chapter 499, or department rule.
  122         (10) “Distribute” has the same meaning as provided in s.
  123  893.02.
  124         (11) “Drug paraphernalia” has the same meaning as provided
  125  in s. 893.145, is related to the medical use of cannabis, and is
  126  not deemed contraband that is subject to civil forfeiture.
  127         (12) “Manufacture” means the production, preparation,
  128  propagation, compounding, conversion, or processing of cannabis,
  129  directly or indirectly, by extraction from substances of natural
  130  origin, independently by means of chemical synthesis, or by a
  131  combination of extraction and chemical synthesis, and includes
  132  the packaging or repackaging of the substance and the labeling
  133  or relabeling of its container.
  134         (13) “Medical cannabis farm” means land that:
  135         (a) Is currently classified as agricultural pursuant to s.
  136  193.461 by the county property appraiser, a value adjustment
  137  board, a court of competent jurisdiction, or the board of county
  138  commissioners of the county in which the land is located, before
  139  application for a permit to use the land to cultivate cannabis
  140  plants is granted; and
  141         (b) Is or will be used primarily for bona fide agricultural
  142  purposes as provided in s. 193.461.
  143         (14) “Medical use” means the prescriptive use of any form
  144  of cannabis to treat a qualifying medical condition and the
  145  symptoms associated with that condition or to alleviate the side
  146  effects of a qualifying medical treatment.
  147         (15) “Patient’s caregiver” or “caregiver” means a person
  148  who is:
  149         (a) Designated by a qualifying patient and registered with
  150  the Department of Health as the person authorized, on the
  151  qualifying patient’s behalf, to cultivate, deliver, possess,
  152  purchase, and assist in the administration of cannabis; and
  153         (b) At least 18 years of age.
  154         (16) “Physician” means a person who is licensed under
  155  chapter 458 or chapter 459 and holds a valid federal controlled
  156  substance registry number.
  157         (17) “Qualifying medical condition” means:
  158         (a) Acquired immune deficiency syndrome (AIDS) or positive
  159  status for human immunodeficiency virus (HIV);
  160         (b) Alzheimer’s disease or agitation of Alzheimer’s
  161  disease;
  162         (c) Amyotrophic lateral sclerosis (ALS);
  163         (d) Anorexia;
  164         (e) Cachexia;
  165         (f) Cancer;
  166         (g) Chronic debilitating pain;
  167         (h) Damage to the nervous tissue of the spinal cord with
  168  objective neurological indication of intractable spasticity;
  169         (i) Decompensated cirrhosis;
  170         (j) Epilepsy and other disorders characterized by seizures;
  171         (k) Fibromyalgia;
  172         (l) Glaucoma;
  173         (m) Hepatitis C;
  174         (n) Inflammatory bowel disease, including Crohn’s disease;
  175         (o) Multiple sclerosis and other disorders characterized by
  176  muscle spasticity;
  177         (p) Muscular dystrophy;
  178         (q) Nail-patella syndrome;
  179         (r) Neuroborreliosis;
  180         (s) Organ transplantation;
  181         (t) Painful peripheral neuropathy;
  182         (u) Parkinson’s disease;
  183         (v)Persistent nausea or severe emesis;
  184         (w) Post-traumatic stress disorder (PTSD); or
  185         (x) Terminal illness, if the physician has determined a
  186  prognosis of less than 12 months of life.
  187         (18) “Qualifying medical treatment” means:
  188         (a) Chemotherapy;
  189         (b) Radiotherapy;
  190         (c) The use of azidothymidine or protease inhibitors; or
  191         (d) Treatment of a qualifying medical condition as
  192  specified in subsection (17).
  193         (19) “Qualifying patient” means a person who is a resident
  194  of this state and registered with the Department of Health as a
  195  person who has been diagnosed by a physician as having a
  196  qualifying medical condition or undergoing a qualifying medical
  197  treatment.
  198         (20) “Registry identification card” means a nontransferable
  199  document issued by the Department of Health which identifies a
  200  person as a qualifying patient or a patient’s caregiver.
  201         (21) “Usable cannabis” means the dried flowers of the
  202  cannabis plant, and any mixture or preparation of the flowers,
  203  but does not include the seeds, stalks, and roots of the plant
  204  and does not include the weight of any noncannabis ingredients
  205  combined with cannabis and prepared for consumption as food or
  206  drink.
  207         468.904 Department duties and responsibilities.—
  208         (1) The department shall regulate the manufacture,
  209  cultivation, possession, wholesale distribution, dispensing,
  210  purchase, delivery, and sale of cannabis for medical use and the
  211  manufacture, possession, purchase, sale, use, and delivery of
  212  drug paraphernalia. The department is responsible for the
  213  licensure and permitting of dispensaries and medical cannabis
  214  farms in this state and for the requirements for, and approval
  215  of, the registration of each owner, director, officer,
  216  incorporator, member, employee, and agent of each such farm and
  217  dispensary.
  218         (2) The department shall, subject to department rule,
  219  require each medical cannabis farm and each dispensary to
  220  maintain true, complete, and current records of:
  221         (a) The name, address, home telephone number, and date of
  222  birth of each owner, director, officer, employee, incorporator,
  223  member, and agent; and
  224         (b) Each transaction at a medical cannabis farm or
  225  dispensary, including:
  226         1.The quantity of cannabis distributed or dispensed for
  227  each transaction;
  228         2.A continuous inventory of the quantity of cannabis,
  229  cannabis plants, and drug paraphernalia at the medical cannabis
  230  farm or dispensary;
  231         3.Records of the disposal and disposal method used for any
  232  cannabis, drug paraphernalia, cannabis-based product, or
  233  cannabis plant that was manufactured, cultivated, or acquired
  234  but not sold or inventoried; and
  235         4.Any other information required by the department.
  236         (3)The department shall, subject to department rule:
  237         (a)Develop and make available to each medical cannabis
  238  farm, each dispensary, and the general public educational
  239  materials about potential harmful drug interactions that could
  240  occur from the concurrent medical use of cannabis with other
  241  medical treatments;
  242         (b) Inform the public and private hospitals, health care
  243  providers, pharmacists, and duly licensed dispensaries in this
  244  state of the medical use of cannabis to help avoid harmful drug
  245  interactions;
  246         (c)Conduct announced and unannounced inspections of
  247  medical cannabis farms and dispensaries; and
  248         (d)Revoke or suspend the registration, license, or permit
  249  of a person, dispensary, or medical cannabis farm if the
  250  department determines that the person, dispensary, or medical
  251  cannabis farm has violated department rule, this part, or part
  252  III of chapter 499.
  253         (4) The department shall adopt rules that are necessary to
  254  administer this section and that are in substantial conformity
  255  with generally accepted standards of safety, including rules
  256  that are reasonably necessary to protect the health, safety, and
  257  welfare of the public and the persons who cultivate, deliver,
  258  possess, manufacture, sell at wholesale, or retail cannabis,
  259  cannabis-based products, cannabis plants, and drug
  260  paraphernalia.
  261         468.905 Medical cannabis farms.—
  262         (1) Notwithstanding any other provision of law and in
  263  accordance with this part, part III of chapter 499, and
  264  department rule, a medical cannabis farm may:
  265         (a) Cultivate, manufacture, sell, or deliver, or possess
  266  with the intent to sell, manufacture, or deliver, cannabis,
  267  cannabis-based products, and cannabis plants for wholesale in
  268  this state for the purpose of distribution to a licensed
  269  dispensary in this state; and
  270         (b) Deliver, possess with intent to deliver, or manufacture
  271  with intent to deliver drug paraphernalia.
  272         (2) A medical cannabis farm must obtain a valid permit from
  273  the department before possessing, manufacturing, cultivating,
  274  delivering, and wholesaling cannabis, cannabis-based products,
  275  cannabis plants, and drug paraphernalia in accordance with this
  276  part, part III of chapter 499, and department rule.
  277         (3) A person who applies to the department for a permit to
  278  operate a medical cannabis farm must use the land on which the
  279  farm will be located primarily for bona fide agricultural
  280  purposes and must obtain the agricultural classification
  281  pursuant to s. 193.461 from the county property appraiser, a
  282  value adjustment board, a court of competent jurisdiction, or
  283  the board of county commissioners of the county in which the
  284  land is located before applying for a medical cannabis farm
  285  permit.
  286         (4) A medical cannabis farm shall implement a security plan
  287  to prevent the theft or diversion of all cannabis, cannabis
  288  based products, and raw ingredients, including, but not limited
  289  to, cannabis plants; derivatives of cannabis plants; and
  290  seedlings and seeds, whether in ground or not in ground, visible
  291  or not visible to the public.
  292         (5) A medical cannabis farm shall maintain procedures under
  293  which cannabis, cannabis-based products, and raw ingredients,
  294  including all cannabis plants; derivatives of cannabis plants;
  295  seedlings and seeds, whether in ground or not in ground, visible
  296  or not visible to the public, are accessible only to authorized
  297  personnel.
  298         (6) The active ingredient in all cannabis and cannabis
  299  based products that are cultivated, manufactured, and sold at
  300  wholesale to a licensed dispensary in this state must be wholly
  301  derived from cannabis plants that are cultivated in this state.
  302  However, such active ingredient may be wholly derived from
  303  cannabis seeds and seedlings that are cultivated in this state
  304  or outside this state.
  305         (7) A medical cannabis farm is subject to the protections
  306  of s. 823.14 and is not deemed a public nuisance solely because
  307  its farm product includes the production of cannabis or any
  308  product derived from the cannabis plant.
  309         468.906 Dispensaries.—
  310         (1) Notwithstanding any other provision of law and in
  311  accordance with this part, part III of chapter 499, and
  312  department rule, a dispensary may distribute, purchase, sell, or
  313  deliver, or possess with the intent to sell or deliver, cannabis
  314  for medical use for the purpose of dispensing and selling to a
  315  qualifying patient or the patient’s caregiver cannabis,
  316  cannabis-based products, and cannabis plants, and may purchase,
  317  distribute, or deliver, or possess with intent to deliver, drug
  318  paraphernalia.
  319         (2) A dispensary must be licensed with the department
  320  before possessing, purchasing, delivering, distributing, or
  321  retailing cannabis, cannabis-based products, cannabis plants, or
  322  drug paraphernalia. All cannabis, cannabis-based products,
  323  cannabis plants, and drug paraphernalia sold by, at, or through
  324  a licensed dispensary must be purchased from a medical cannabis
  325  farm that has a valid, department-issued permit.
  326         (3) A dispensary may not conduct wholesale sales or
  327  transactions.
  328         (4) A dispensary may sell at retail to a qualifying patient
  329  or the patient’s caregiver cannabis, cannabis-based products,
  330  cannabis plants, or drug paraphernalia only if the qualifying
  331  patient or patient’s caregiver is in possession of his or her
  332  valid registry identification card at the time and place of
  333  purchase.
  334         (5)(a) A qualifying patient may not purchase within a 30
  335  day period more than:
  336         1. Two hundred and fifty grams of usable cannabis; and
  337         2. Six cannabis plant seedlings.
  338         (b) A patient’s caregiver may not purchase within a 30-day
  339  period more than:
  340         1. Two hundred and fifty grams of usable cannabis for each
  341  qualifying patient that the caregiver is connected to through
  342  the Department of Health’s registration process as indicated on
  343  his or her valid registry identification card; and
  344         2. Six cannabis plant seedlings for each qualifying patient
  345  that the caregiver is connected to through the Department of
  346  Health’s registration process as indicated on his or her valid
  347  registry identification card.
  348         (6) A dispensary shall maintain true, complete, and current
  349  records of the name and registry identification card number of
  350  each qualifying patient and patient’s caregiver who purchases
  351  cannabis, cannabis-based products, or cannabis plants, except
  352  for drug paraphernalia, subject to the confidentiality
  353  limitations in s. 499.958. The records maintained under this
  354  subsection shall be retained for 3 years and must include:
  355         (a) The amount paid for the transaction for cannabis,
  356  cannabis-based product, or cannabis plants; and
  357         (b) The registry identification card number of each
  358  purchaser of cannabis, cannabis-based product, or cannabis
  359  plant, subject to the confidentiality limitations in s. 499.958.
  360         (7) A dispensary shall implement a security plan to prevent
  361  the theft or diversion of cannabis, including maintaining all
  362  cannabis in a secure, locked room that is accessible only by
  363  authorized persons.
  364         (8) A dispensary shall make available to each qualifying
  365  patient and patient’s caregiver educational materials developed
  366  and provided by the department which explain potential harmful
  367  drug interactions.
  368         (9) A dispensary shall prohibit a qualifying patient from
  369  administering or using, and prohibit a patient’s caregiver who
  370  assists a qualifying patient from administering or using, any
  371  form of cannabis while on the property of the dispensary. A
  372  person who violates this subsection subjects the dispensary to
  373  penalties prescribed by department rule, this part, and part III
  374  of chapter 499.
  375         468.907 Owners, directors, officers, members,
  376  incorporators, agents, or employees of medical cannabis farms
  377  and dispensaries.—
  378         (1) Before a person becomes an owner, director, officer,
  379  member, incorporator, agent, or employee of a medical cannabis
  380  farm or dispensary, he or she must register with the department
  381  and pay the applicable registration fee. The department shall:
  382         (a) Establish by rule the following fees:
  383         1. Initial registration fee, which may not exceed $1,000;
  384  and
  385         2. Renewal registration fee, which may not exceed $1,000.
  386         (b) Determine if the person was convicted within the last
  387  10 years of a drug-related felony or was convicted within the
  388  last 10 years of a nondrug-related felony for which the person
  389  has not been pardoned or has not had his or her civil rights
  390  restored. If a person has such a felony conviction, the
  391  department may not approve the person as an owner, director,
  392  officer, member, incorporator, agent, or employee of a medical
  393  cannabis farm or dispensary.
  394         (2) A person who violates or has violated this part or part
  395  III of chapter 499 may not be an owner, director, officer,
  396  member, incorporator, agent, or employee of a medical cannabis
  397  farm or dispensary. Any prior registration or authorization of
  398  such person shall be immediately revoked, and the department
  399  shall suspend the permit or license of the medical cannabis farm
  400  or dispensary until the person resigns or is removed from the
  401  position of owner, director, officer, member, incorporator,
  402  agent, or employee.
  403         (3) If the department fails to adopt these rules by January
  404  1, 2017, a registrant may commence an action in a court of
  405  competent jurisdiction to compel the department to perform the
  406  actions mandated under this section.
  407         468.908 Medical cannabis farm permit.—
  408         (1) A person may not operate a medical cannabis farm in
  409  this state except in accordance with this part.
  410         (2) An applicant for an initial or renewal permit to
  411  operate a medical cannabis farm must address the following
  412  information in the permit application:
  413         (a) Knowledge of state and federal laws relating to
  414  cannabis and the medical use of cannabis.
  415         (b) The suitability of the proposed facility.
  416         (c) The proposed staffing plan.
  417         (d)The proposed security plan that has been assessed by
  418  the local law enforcement agency of the county or municipality
  419  in which the medical cannabis farm is located.
  420         (e) The proposed cultivation plan.
  421         (f) The proposed manufacturing plan.
  422         (g) The proposed storage and inventory control plan.
  423         (h) The proposed labeling plan.
  424         (i) The proposed product safety plan.
  425         (3) The department shall establish by rule the annual
  426  application fees and permit fees for a medical cannabis farm,
  427  which may not exceed the following amounts:
  428         (a) Application fee, $2,500.
  429         (b) Initial permit fee, $5,000.
  430         (c) Application fee for renewing a permit, $1,000.
  431         (d)Renewal permit fee, $5,000.
  432         (4)A person who possesses, cultivates, manufactures,
  433  delivers, distributes, or wholesales cannabis, cannabis-based
  434  products, or cannabis plants at one or more locations must
  435  possess a current, valid permit for each location.
  436         (5)If the department fails to adopt rules to administer
  437  this section by January 1, 2017, a medical cannabis farm
  438  applicant may commence an action in a court of competent
  439  jurisdiction to compel the department to perform the actions
  440  mandated under this section.
  441         468.909Dispensary license.—
  442         (1) A person or entity may not operate a dispensary in this
  443  state except in accordance with this part.
  444         (2) An applicant for an initial or renewal license to
  445  operate a dispensary must address the following information in
  446  the license application:
  447         (a) Knowledge of state and federal laws relating to
  448  cannabis and the medical use of cannabis.
  449         (b) The suitability of the proposed facility.
  450         (c) The proposed staffing plan.
  451         (d) The proposed security plan that has been assessed by
  452  the local law enforcement agency of the county or municipality
  453  in which the dispensary is located.
  454         (e) The proposed retail plan.
  455         (f) The proposed marketing plan.
  456         (g) The proposed storage and inventory control plan.
  457         (h) The proposed labeling plan.
  458         (i)The proposed product safety plan.
  459         (3) The department shall establish by rule the annual
  460  application fees and license fees for a dispensary, which may
  461  not exceed the following amounts:
  462         (a) Application fee, $1,000.
  463         (b) Initial license fee, $5,000.
  464         (c) Application fee for renewing a license, $500.
  465         (d) Renewal license fee, $5,000.
  466         (4) A person who conducts the wholesale purchase or retail
  467  sale of drug paraphernalia or any form of cannabis at or from
  468  more than one location must possess a current valid license for
  469  each location.
  470         (5)If the department fails to adopt rules to administer
  471  this section by January 1, 2017, an applicant seeking to operate
  472  a dispensary may commence an action in a court of competent
  473  jurisdiction to compel the department to perform the actions
  474  mandated under this section.
  475         468.910Applications for licenses and permits.—
  476         (1)An application for a license or permit required under
  477  this part must be filed in writing with the department. An
  478  application must include, at a minimum, the full name, date of
  479  birth, place of birth, social security number, physical
  480  description, residence address and telephone number, and
  481  business address and telephone number of the applicant. Each
  482  application must be accompanied by an accurate and current
  483  photograph of the applicant and a complete set of fingerprints
  484  of the applicant taken by an authorized law enforcement agency;
  485  however, a set of fingerprints is not required if the applicant
  486  has possessed a valid license or permit under this part during
  487  the previous licensing or permitting year and such license or
  488  permit has not lapsed or been suspended or revoked. If
  489  fingerprints are required, the department shall submit the set
  490  of fingerprints to the Department of Law Enforcement for state
  491  processing. If the application does not require a set of
  492  fingerprints, the department shall submit the name and other
  493  identifying data to the Department of Law Enforcement for
  494  processing. The application must be in a form to provide the
  495  data and other information set forth in this subsection and must
  496  be sworn to by the applicant or, if the applicant is a
  497  corporation, by each officer and director of the corporation.
  498  The officers and directors applying on behalf of a corporation
  499  shall provide all of the required identifying data and
  500  information. This section does not preclude electronic filing of
  501  the application.
  502         (2)The department may require an applicant to furnish
  503  other information or data not required by this section if the
  504  information or data are deemed necessary by the department.
  505         468.911Issuance of licenses and permits; prohibitions.—
  506         (1)A license or permit issued by the department in
  507  accordance with this part must set forth, at a minimum, the full
  508  name, date of birth, and physical description of the licensee or
  509  permittee and have permanently affixed an accurate and current
  510  photograph of the licensee or permittee. A license or permit
  511  issued to a corporation must set forth the full name, date of
  512  birth, and physical description of the chief executive officer
  513  and have permanently affixed an accurate and current photograph
  514  of the chief executive officer. A license or permit must also
  515  contain a license number or permit number issued by the
  516  department.
  517         (2) Other data or information may be included on the
  518  license or permit if deemed appropriate by the department.
  519         (3) A license or permit may not be issued, renewed, or
  520  allowed to remain in effect for:
  521         (a) A corporation or entity that has a corporate officer
  522  who is under 18 years of age;
  523         (b) A person who has been convicted in this state or any
  524  other state or federal jurisdiction for:
  525         1. A drug-related felony; or
  526         2. A nondrug-related felony for which the person has not
  527  been pardoned or has not had his or her civil rights restored;
  528  or
  529         (c)A person who has been adjudicated mentally incompetent
  530  or adjudicated mentally defective and has not had his or her
  531  civil rights restored. As used in this paragraph, the phrase:
  532         1. “Adjudicated mentally defective” has the same meaning as
  533  in s. 790.065.
  534         2. “Adjudicated mentally incompetent” means a determination
  535  by a court that a person who, because of mental illness,
  536  intellectual disability, senility, excessive use of drugs or
  537  alcohol, or other mental incapacity, is incapable of managing
  538  his or her property or caring for himself or herself or both.
  539         (4)A person may not knowingly withhold information or
  540  present to the department a false, fictitious, or misrepresented
  541  application, identification, document, information, statement,
  542  or data intended or likely to deceive the department for
  543  obtaining a license or permit.
  544         468.912License and permit to be displayed.—
  545         (1) A medical cannabis farm that has a valid department
  546  issued permit may use the term “medical cannabis farm” or
  547  “permitted medical cannabis farm,” in connection with the
  548  permittee’s name or place of business, to denote permitting
  549  under this part.
  550         (2) A licensed dispensary may use the term “dispensary,”
  551  “licensed dispensary,” or “licensed medical cannabis
  552  dispensary,” in connection with the licensee’s name or place of
  553  business, to denote licensure under this part.
  554         (3) A person who is issued a license or permit under this
  555  part shall keep such license or permit conspicuously displayed
  556  in his or her office, place of business, or place of employment
  557  and shall show such license or permit as required by any member
  558  or authorized representative of the department.
  559         (4) A license or permit that is issued by the department is
  560  valid beginning on October 1 of the year for which it is issued
  561  and expires on September 30 of the following year.
  562         (5)A medical cannabis farm that has a department-issued
  563  permit or a licensed dispensary must renew its permit or license
  564  before its expiration date. If a renewal application and fee are
  565  not filed by the expiration date, the license or permit may be
  566  reinstated only if the licensee or permittee pays, within 30
  567  days after the date of expiration, a delinquent fee that may not
  568  exceed $750 for a medical cannabis farm and $500 for a
  569  dispensary, plus the required renewal and application fees. If a
  570  licensee or permittee fails to comply with the renewal
  571  requirements of this part, the department may seize all
  572  cannabis, cannabis-based products, cannabis plants, and drug
  573  paraphernalia and dispose of them in any manner deemed
  574  appropriate by the department by November 1 of the year the
  575  license or permit expires. Any funds collected from the disposal
  576  shall be placed in the Professional Regulation Trust Fund.
  577         (6)The fee structure for reactivation of an inactive
  578  license or permit, except when renewed within 30 days after the
  579  date of expiration, is the same as for an initial permit or
  580  license, including the application fee.
  581         468.913Reports of theft, illegal use, or illegal
  582  possession.—
  583         (1)A licensee or permittee who incurs a loss, theft, or
  584  unexplained shortage of cannabis, cannabis-based products,
  585  cannabis plants, or drug paraphernalia, or who has knowledge of
  586  a loss, theft, or unexplained shortage of cannabis, cannabis
  587  based products, cannabis plants, or drug paraphernalia, shall,
  588  within 12 hours after the discovery, report such loss, theft, or
  589  unexplained shortage to the county sheriff or police chief of
  590  the jurisdiction in which the loss, theft, or unexplained
  591  shortage occurred. This loss, theft, or unexplained shortage
  592  shall also be reported to the department by the close of the
  593  next business day following the discovery.
  594         (2) A law enforcement agency that investigates the causes
  595  and circumstances of a loss, theft, or unexplained shortage of
  596  cannabis, cannabis-based products, cannabis plants, or drug
  597  paraphernalia shall forward a copy of its final written report
  598  to the department. The department shall retain these reports in
  599  the files of the affected licensee or permittee.
  600         (3)Any sheriff or law enforcement officer in this state
  601  shall give immediate notice to the department of the theft,
  602  illegal use, or illegal possession of cannabis, cannabis-based
  603  products, cannabis plants, or drug paraphernalia and forward a
  604  copy of his or her final written police report to the
  605  department.
  606         468.914 Administrative relief; civil relief; penalties;
  607  allocation and disposition of moneys collected.—
  608         (1) If the department has probable cause to believe that a
  609  person not licensed or permitted by the department has engaged
  610  in any activities governed by this part or a department rule
  611  adopted pursuant to this part, the department may:
  612         (a) Issue and deliver to such person a notice to cease and
  613  desist from such violation. The issuance of a notice to cease
  614  and desist does not constitute agency action for which a hearing
  615  under ss. 120.569 and 120.57 may be sought. For the purpose of
  616  enforcing a notice to cease and desist, the department may file
  617  a proceeding seeking issuance of an injunction or a writ of
  618  mandamus against a person who violates such notice. If the
  619  department is required to seek enforcement of the notice to
  620  cease and desist for penalty pursuant to s. 120.569, it is
  621  entitled to collect its attorney fees and costs.
  622         (b) In addition to the remedy under paragraph (a), impose
  623  by citation an administrative fine not to exceed $5,000 for each
  624  violation per day. Each day that a violation continues
  625  constitutes a separate violation, and each separate violation is
  626  subject to a separate fine. The department shall issue the
  627  citation to the person, and the citation must contain the
  628  person’s name and any other information the department
  629  determines to be necessary to identify the person, a brief
  630  factual statement, the sections of the law allegedly violated,
  631  and the fine imposed. If the person does not dispute the matter
  632  in the citation or pay the fine within 30 days after the
  633  citation is served, the citation becomes a final order of the
  634  department. The department is entitled to recover the costs of
  635  investigation and prosecution in addition to the fine levied
  636  pursuant to the citation.
  637         (c) In addition to the administrative remedies under
  638  paragraphs (a) and (b), seek injunctive relief in the Circuit
  639  Court of Leon County and apply for temporary orders and
  640  permanent orders as the department deems necessary to restrain
  641  such person from engaging in any activity under this part until
  642  such person complies. The court may also award to the prevailing
  643  party court costs and reasonable attorney fees and, if the
  644  department prevails, may also award reasonable costs for
  645  investigation and prosecution.
  646         (2) The department may revoke or suspend in accordance with
  647  this subsection all of the licenses or permits held by a person.
  648  An order of suspension must specify the duration of the
  649  suspension, which may not exceed 1 year from the date of the
  650  order. An order of revocation may be entered for a period not to
  651  exceed 5 years. The order affects the revocation of all licenses
  652  and permits held by the person. During such period, a license or
  653  permit may not be issued to the person. If, during the period
  654  between the beginning of a proceeding to revoke or suspend a
  655  license or permit and the entry of an order of suspension or
  656  revocation by the department, a new license or permit is issued
  657  to the person, any order of suspension or revocation applies
  658  with respect to the new license or permit. A person whose permit
  659  or license has been suspended or revoked may not be issued a new
  660  permit or license under any other name or company name until the
  661  expiration of the suspension or revocation. In addition to the
  662  administrative remedies and civil remedies under paragraphs
  663  (1)(b) and (c) and the criminal penalties in subsection (3), the
  664  department may revoke or suspend a license or permit if a person
  665  does any of the following:
  666         (a) Violates this part or a department rule adopted
  667  pursuant to this part.
  668         (b) Fails to pay an administrative fine within 30 days
  669  after a citation becomes a final order.
  670         (c) Knowingly makes or files a report that is false,
  671  intentionally or negligently fails to file a report or record
  672  required by state law, or willfully impedes or obstructs such
  673  filing or induces another person to do so.
  674         (d) Pays or receives, directly or indirectly, a commission,
  675  bonus, kickback, or rebate to or from, or who engages in any
  676  split-fee arrangement in any form with, a physician,
  677  organization, agency, or person for patients referred to a
  678  provider of health care goods and services, including, but not
  679  limited to, a hospital, nursing home, clinical laboratory,
  680  ambulatory surgical center, or pharmacy.
  681         (3)(a)A licensee, a permittee, or any person who knowingly
  682  withholds information or:
  683         1. Presents to the department a false, fictitious, or
  684  misrepresented application, registration, identification,
  685  document, information, statement, or data intended or likely to
  686  deceive the department for the purpose of obtaining or renewing
  687  a license or permit commits a misdemeanor of the first degree,
  688  punishable as provided in s. 775.082 or s. 775.083.
  689         2.Makes a false or fictitious entry or a misrepresentation
  690  upon any invoice, receipt, sales ticket, sales slip, or account
  691  of inventories commits a misdemeanor of the first degree,
  692  punishable as provided in s. 775.082 or s. 775.083.
  693         (b) A licensee who knowingly fails to maintain written
  694  accounts of inventories or records of sales or transfers commits
  695  a misdemeanor of the first degree, punishable as provided in s.
  696  775.082 or s. 775.083.
  697         (c) A permittee who knowingly fails to maintain written
  698  inventories and records commits a misdemeanor of the first
  699  degree, punishable as provided in s. 775.082 or s. 775.083.
  700         (d) A licensee or permittee who fails to report the loss,
  701  theft, or unexplained shortage of cannabis, cannabis-based
  702  products, cannabis plants, or drug paraphernalia commits a
  703  misdemeanor of the first degree, punishable as provided in s.
  704  775.082 or s. 775.083.
  705         (4) The provisions of this section are cumulative and do
  706  not affect any other lawful remedy available to the state,
  707  including administrative fines and injunctive relief.
  708         (5) All fines, monetary penalties, and costs received by
  709  the department in connection with this part shall be deposited
  710  into the Professional Regulation Trust Fund.
  711         468.915Conduct of hearings; review of orders of the
  712  department.—All hearings shall be conducted in accordance with
  713  chapter 120. All reviews of orders of the department shall be in
  714  accordance with chapter 120.
  715         468.916County and municipal ordinances.—A county or
  716  municipality in this state may create or impose an ordinance or
  717  rule pertaining to the medical use of cannabis which is not
  718  inconsistent with the provisions contained in this part, part
  719  III of chapter 499, or applicable department rules.
  720         468.917Collection of moneys.—All moneys collected under
  721  this part and deposited into the Professional Regulation Trust
  722  Fund shall be used by the department in the administration of
  723  this part. The department shall maintain a separate account in
  724  the Professional Regulation Trust Fund for the Drugs, Devices,
  725  and Cosmetics program.
  726         468.918 Rules.—
  727         (1) By October 1, 2016, the department shall adopt rules to
  728  administer this part, including rules that:
  729         (a) Create an application form and a procedure for
  730  obtaining a permit to own or operate a medical cannabis farm.
  731         (b) Create an application form and a procedure for
  732  obtaining a license to own or operate a dispensary.
  733         (c) Create a registration form and procedure for
  734  registering as an owner, director, officer, member,
  735  incorporator, employee, or agent.
  736         (d) Determine the registration fees to register as an
  737  owner, director, officer, member, incorporator, employee, or
  738  agent in accordance with s. 468.907.
  739         (e) Determine the licensing fees and permitting fees to own
  740  or operate a dispensary or medical cannabis farm in accordance
  741  with ss. 468.908 and 468.909.
  742         (f) Determine the appropriate signage, outdoor lighting,
  743  security system, security plan, and theft prevention plan for
  744  medical cannabis farms and dispensaries.
  745         (g) Determine the hours during which medical cannabis farms
  746  and dispensaries may operate.
  747         (h) Establish the inspection and audit procedures and
  748  recordkeeping requirements for medical cannabis farms and
  749  dispensaries to ensure compliance with the rules of the
  750  department.
  751         (i)Specify persons who may legally possess cannabis for
  752  the purpose of teaching, research, or testing and create a form
  753  to exempt the lawful possession of cannabis by those persons.
  754         (2)By January 1, 2017, the Department of Revenue shall
  755  adopt rules that govern the manner in which:
  756         (a) Medical cannabis farms are subject to taxation and
  757  reporting for the wholesale distribution of cannabis for medical
  758  use.
  759         (b) Dispensaries are subject to taxation and reporting for
  760  the retail distribution of cannabis for medical use.
  761         (3) The fees collected by the Department of Business and
  762  Professional Regulation and the Department of Revenue pursuant
  763  to this part shall be applied first toward the cost of
  764  administering this part.
  765         (4) If the Department of Business and Professional
  766  Regulation or the Department of Revenue fails to adopt rules to
  767  administer this part by January 1, 2017, a resident of this
  768  state may commence an action in a court of competent
  769  jurisdiction to compel performance of the actions mandated under
  770  this part.
  771         Section 4. Part IV of chapter 499, Florida Statutes,
  772  consisting of sections 499.951-499.959, is created to read:
  773         499.951 Definitions.—As used in this part, unless the
  774  context clearly indicates otherwise, the term:
  775         (1) “Administer” has the same meaning as in s. 893.02.
  776         (2) “Bona fide physician-patient relationship” means a
  777  relationship between a physician and patient in which the
  778  physician has:
  779         (a) Completed a full assessment of the patient’s medical
  780  history and current medical condition, including a personal
  781  physical examination; and
  782         (b) Responsibility for the ongoing care and treatment of
  783  the patient.
  784         (3) “Cannabis” has the same meaning as provided in s.
  785  893.02.
  786         (4) “Cannabis plant” has the same meaning as provided in s.
  787  893.135.
  788         (5) “Cardholder” means a qualifying patient, or the
  789  patient’s caregiver, who has been issued and possesses a valid
  790  registry identification card.
  791         (6) “Cultivating” has the same meaning as in s. 893.02.
  792         (7) “Department” means the Department of Health.
  793         (8) “Dispensary” has the same meaning as provided in s.
  794  468.903.
  795         (9) “Dispense” has the same meaning as provided in s.
  796  468.903.
  797         (10) “Distribute” has the same meaning as provided in s.
  798  468.903.
  799         (11) “Drug paraphernalia” has the same meaning as provided
  800  in s. 468.903.
  801         (12) “Manufacture” has the same meaning as provided in s.
  802  468.903.
  803         (13) “Medical cannabis farm” has the same meaning as
  804  provided in s. 468.903.
  805         (14) “Medical treatment facility” means a facility that
  806  provides, as its primary purpose, human medical diagnostic
  807  services or nonsurgical human medical treatment. The term does
  808  not include an office maintained by a dentist or endodontist for
  809  the practice of dentistry or endodontics.
  810         (15) “Medical use” has the same meaning as provided in s.
  811  468.903.
  812         (16) “Patient’s caregiver” or “caregiver” has the same
  813  meaning as provided in s. 468.903.
  814         (17) “Physician” has the same meaning as provided in s.
  815  468.903.
  816         (18) “Qualifying medical condition” has the same meaning as
  817  provided in s. 468.903.
  818         (19) “Qualifying medical treatment” has the same meaning as
  819  provided in s. 468.903.
  820         (20) “Qualifying patient” has the same meaning as provided
  821  in s. 468.903.
  822         (21) “Registry identification card” has the same meaning as
  823  provided in s. 468.903.
  824         (22) “Usable cannabis” has the same meaning as provided in
  825  s. 468.903.
  826         499.952 Cannabis for medical use.—
  827         (1) Notwithstanding any other provision of law, a
  828  qualifying patient may cultivate, possess, and administer
  829  cannabis for medical use and possess and use drug paraphernalia
  830  in accordance with this part and department rule only after
  831  obtaining a signed, written prescription from a physician in
  832  accordance with s. 499.954 and a registry identification card
  833  from the department.
  834         (2) Notwithstanding any other provision of law, a patient’s
  835  caregiver may cultivate, possess, and administer cannabis for a
  836  qualifying patient and possess, deliver, and use drug
  837  paraphernalia for the sole purpose of assisting in the
  838  qualifying patient’s medical use of cannabis in accordance with
  839  this part and department rule only after obtaining a registry
  840  identification card from the department.
  841         (3) A registry identification card, or its equivalent,
  842  which is issued under the laws of another state, district,
  843  territory, commonwealth, or insular possession of the United
  844  States and allows the medical use of cannabis by a visiting
  845  qualifying patient or allows a person to assist with a visiting
  846  qualifying patient’s medical use of cannabis has the same force
  847  and effect as a registry identification card issued by the
  848  department.
  849         (4) A qualifying patient shall, upon demand, present to a
  850  law enforcement officer his or her registry identification card
  851  to confirm that he or she is authorized to cultivate, possess,
  852  and administer cannabis for medical use and possess and use drug
  853  paraphernalia in accordance with this part and department rule.
  854         (5) A patient’s caregiver shall, upon demand, present to a
  855  law enforcement officer his or her registry identification card
  856  to confirm that he or she is authorized to cultivate, possess,
  857  and administer cannabis for a qualifying patient and possess,
  858  deliver, and use drug paraphernalia in accordance with this part
  859  and department rule.
  860         (6) A qualifying patient or the patient’s caregiver may:
  861         (a) Purchase, possess, administer, or deliver cannabis,
  862  cannabis-based products, cannabis plants, and drug paraphernalia
  863  obtained only from a dispensary or medical cannabis farm that is
  864  issued a license or permit from the Department of Business and
  865  Profession Regulation; or
  866         (b) Cultivate cannabis and cannabis plants for medical use
  867  for only a qualifying patient’s possession and administration.
  868         (7) A qualifying patient who is a minor may possess and
  869  administer cannabis and cannabis-based products for medical use
  870  and possess and use drug paraphernalia in accordance with this
  871  part and department rule only:
  872         (a) In the presence of the minor’s parent or legal
  873  guardian; and
  874         (b) If the minor’s parent or legal guardian has signed a
  875  written statement affirming that the parent or legal guardian:
  876         1. Understands the minor’s qualifying medical condition or
  877  qualifying medical treatment;
  878         2. Understands the potential benefits and potential adverse
  879  effects of the medical use of cannabis, generally and
  880  specifically, in the case of the minor;
  881         3. Consents to the medical use of cannabis by the minor;
  882  and
  883         4. Consents to the designation of, or designates, an
  884  authorized person to serve as the minor’s caregiver and to
  885  control the medical use of cannabis by the minor.
  886         (8) If a qualifying patient who possesses a registry
  887  identification card changes his or her designation of a
  888  caregiver, the department shall issue a registry identification
  889  card to the qualifying patient’s new caregiver and:
  890         (a) Notify the qualifying patient’s former caregiver within
  891  10 days after the department has issued a registry
  892  identification card to the qualifying patient’s new caregiver.
  893  The registry identification card of the qualifying patient’s
  894  former caregiver expires 10 days after such notification by the
  895  department; or
  896         (b) If the former caregiver remains connected through the
  897  department’s registration process to other qualifying patients,
  898  issue a new registry identification card to the qualifying
  899  patient’s former caregiver which indicates an updated list of
  900  qualifying patients to whom the caregiver remains connected
  901  through the department’s registration process. The caregiver’s
  902  registry identification card that indicates the former
  903  qualifying patient immediately expires upon the caregiver’s
  904  receipt of the new registry identification card.
  905         (9) If a cardholder loses his or her registry
  906  identification card, he or she shall notify the department and
  907  submit a $25 fee within 10 days after reporting the lost card.
  908  Within 5 days after being notified and receiving the $25 fee,
  909  the department shall issue a new registry identification card to
  910  the cardholder.
  911         (10) If the department fails to act upon a request for a
  912  registry identification card within 35 days after receiving the
  913  registration form, the card is deemed granted, and the copy of
  914  the registration form is deemed a valid registry identification
  915  card.
  916         (11) If the department determines that a cardholder
  917  willfully violates this part, the department may revoke the
  918  cardholder’s registry identification card as provided by rule.
  919         499.953 Restrictions on the use of cannabis for medical
  920  use.—
  921         (1) A person who seeks designation as a qualifying patient
  922  or the patient’s caregiver must register with the department.
  923         (2) A patient’s caregiver may be connected to up to three
  924  qualifying patients through the department’s registration
  925  process as indicated on the caregiver’s valid registry
  926  identification card.
  927         (3) A qualifying patient or the patient’s caregiver shall
  928  deliver or distribute cannabis in a labeled container or sealed
  929  package in a manner and method established by rule.
  930         (a) The maximum amount of cannabis which a qualifying
  931  patient may possess at any given time is 250 grams of usable
  932  cannabis, eight mature cannabis plants, and eight immature
  933  cannabis plants.
  934         (b) The maximum amount of cannabis which a patient’s
  935  caregiver may possess at any given time is:
  936         1. The number of grams of usable cannabis determined by
  937  multiplying by 250 the number of qualifying patients to whom the
  938  caregiver is connected through the department’s registration
  939  process as indicated on the caregiver’s valid registry
  940  identification card.
  941         2. The number of mature cannabis plants determined by
  942  multiplying by 8 the number of qualifying patients to whom the
  943  caregiver is connected through the department’s registration
  944  process as indicated on the caregiver’s valid registry
  945  identification card.
  946         3. The number of immature cannabis plants determined by
  947  multiplying by 8 the number of qualifying patients to whom the
  948  caregiver is connected through the department’s registration
  949  process as indicated on the caregiver’s valid registry
  950  identification card.
  951         (4) If a cardholder cultivates his or her own cannabis for
  952  medical use, the cardholder must do so in a room, greenhouse,
  953  garden, or other enclosed area that is kept locked and out of
  954  the public view. This subsection does not apply when the plants
  955  are being delivered or distributed:
  956         (a) Because the cardholder is changing permanent residence
  957  or temporary residence as defined in s. 775.21; or
  958         (b) To the property of the cardholder or, in the case of a
  959  caregiver, to the property of the caregiver’s qualifying
  960  patient.
  961         (5) Cannabis may be administered at a medical treatment
  962  facility if allowed by the facility and if a qualifying patient
  963  is receiving medical care for a qualifying medical condition or
  964  treatment. Cannabis may not be administered by or to a
  965  qualifying patient at a dispensary or in a public place.
  966         (6) This part does not allow a person to undertake a task
  967  under the influence of cannabis when doing so constitutes
  968  professional negligence or professional malpractice.
  969         (7) The medical use of cannabis as authorized under this
  970  part and under department rule does not create a defense to an
  971  offense proscribed by law which is not otherwise excepted in
  972  this chapter or in chapter 468. Evidence of a person’s voluntary
  973  intoxication from the use of cannabis is not admissible in a
  974  judicial proceeding to show that the person lacked the specific
  975  intent to commit an offense or to show that the person was
  976  insane at the time of the offense, except when the consumption
  977  was pursuant to a lawful prescription issued to the person by a
  978  physician.
  979         (8) Notwithstanding any other provision of law, a person or
  980  entity may provide information about the existence or operations
  981  of a medical cannabis farm or dispensary to another person
  982  pursuant to this part.
  983         (9) A person who is stopped by a law enforcement officer
  984  upon reasonable suspicion or probable cause that he or she is in
  985  possession of cannabis may not be further detained or arrested
  986  on this sole basis if the person is in compliance with this part
  987  and department rule.
  988         499.954 Physicians; prescriptions for the medical use of
  989  cannabis.—
  990         (1) A physician may prescribe the medical use of cannabis
  991  to a qualifying patient if the physician:
  992         (a) Is in a bona fide physician-patient relationship with
  993  the qualifying patient; and
  994         (b) Determines that the prescription is needed based on the
  995  qualifying patient’s medical history and current medical
  996  condition and a review of other approved medications and
  997  treatments that may provide the qualifying patient with relief
  998  from a qualifying medical condition or its symptoms or the side
  999  effects of a qualifying medical treatment.
 1000         (2) If a physician prescribes cannabis for medical use to a
 1001  qualifying patient, the physician shall complete a written
 1002  prescription pursuant to s. 456.42 and include:
 1003         (a) A statement that the qualifying patient may use
 1004  cannabis;
 1005         (b) The physician’s federal controlled substance registry
 1006  number; and
 1007         (c) A statement that the prescription for the medical use
 1008  of cannabis is necessary.
 1009         (3) A physician is not subject to arrest, prosecution, or
 1010  penalty, including, but not limited to, civil penalty or
 1011  disciplinary action by the department or by any other business
 1012  licensing board, occupational licensing board, or professional
 1013  licensing board, or subject to denial of any right or privilege,
 1014  solely for advising a patient about the medical use of cannabis,
 1015  prescribing the medical use of cannabis in accordance with this
 1016  part and department rule, providing a written prescription in
 1017  accordance with this section, or stating that, in the
 1018  physician’s professional opinion, the potential benefits of the
 1019  medical use of cannabis likely outweigh the health risks for a
 1020  patient.
 1021         (4) A physician who recommends, advises, or prescribes
 1022  cannabis for medical use to a qualifying patient may not have a
 1023  professional office located at a medical cannabis farm or
 1024  dispensary or receive financial compensation for the
 1025  recommendation, advice, or prescription from a medical cannabis
 1026  farm or dispensary or an owner, director, officer, member,
 1027  incorporator, agent, or employee of such farm or dispensary.
 1028         499.955Arrest and prosecution.—
 1029         (1)(a) A qualifying patient who has in his or her
 1030  possession a valid registry identification card is not subject
 1031  to arrest, prosecution, or penalty, including, but not limited
 1032  to, civil penalty or disciplinary action by a business licensing
 1033  board, occupational licensing board, or professional licensing
 1034  board, and may not be denied any right or privilege, for the
 1035  medical use of cannabis if the qualifying patient possesses an
 1036  amount of cannabis which does not exceed 250 grams of usable
 1037  cannabis, eight mature cannabis plants, and eight immature
 1038  cannabis plants.
 1039         (b) A patient’s caregiver who has in his or her possession
 1040  a valid registry identification card is not subject to arrest,
 1041  prosecution, or penalty, including, but not limited to, civil
 1042  penalty or disciplinary action by a business licensing board,
 1043  occupational licensing board, or professional licensing board,
 1044  and may not be denied any right or privilege, for assisting a
 1045  qualifying patient to whom he or she is connected through the
 1046  department’s registration process with the delivery or
 1047  distribution of cannabis if the patient’s caregiver possesses an
 1048  amount of cannabis which does not exceed 250 grams of usable
 1049  cannabis, eight mature cannabis plants, or eight immature
 1050  cannabis plants for each qualifying patient to whom he or she is
 1051  connected through the department’s registration process as
 1052  indicated on the caregiver’s valid registry identification card.
 1053         (c) A nurse practitioner, registered nurse, or pharmacist
 1054  is not subject to arrest, prosecution, or penalty, including,
 1055  but not limited to, civil penalty or disciplinary action by a
 1056  business licensing board, occupational licensing board, or
 1057  professional licensing board, and may not be denied any right or
 1058  privilege, solely for discussing with a patient the benefits or
 1059  health risks of cannabis or its interaction with other
 1060  substances.
 1061         (d) A person is not subject to arrest or prosecution for
 1062  constructive possession, conspiracy, aiding and abetting, being
 1063  an accessory, or any other offense for being in the presence or
 1064  vicinity of the medical use of cannabis by a qualifying patient
 1065  or for assisting in, as the patient’s caregiver, the medical use
 1066  of cannabis by a qualifying patient as allowed under this part.
 1067         (2) A school, employer, or property owner may not refuse to
 1068  enroll, employ, or lease to or otherwise penalize a person
 1069  solely for his or her status as a cardholder.
 1070         (3) A presumption is created that a qualifying patient or
 1071  the patient’s caregiver is engaged in the medical use of
 1072  cannabis if the qualifying patient or the patient’s caregiver is
 1073  in possession of a valid registry identification card and if the
 1074  number of cannabis plants or the amount of cannabis does not
 1075  exceed the amount allowed under this section.
 1076         (4) A presumption of the medical use or possession of
 1077  cannabis under this section may be rebutted by evidence that the
 1078  conduct related to cannabis was not intended to treat, or assist
 1079  with the treatment of, a qualifying medical condition or the
 1080  symptoms associated with that condition or to alleviate the side
 1081  effects of a qualifying medical treatment.
 1082         (5) The patient’s caregiver may be reimbursed for actual
 1083  costs associated with assisting a qualifying patient in his or
 1084  her medical use of cannabis. This reimbursement does not
 1085  constitute the sale of a controlled substance under s. 893.13.
 1086         (6) For the purposes of medical care, a qualifying
 1087  patient’s medical use of cannabis is equivalent to the use of
 1088  other medication used at the direction of a physician. Such use
 1089  does not constitute the use of an illicit drug under s. 893.03.
 1090         (7) A person, cardholder, medical cannabis farm, or
 1091  dispensary that cultivates, manufactures, possesses,
 1092  administers, dispenses, distributes, or uses cannabis or
 1093  manufactures, possesses, distributes, or uses drug paraphernalia
 1094  in a manner not authorized by this part, part XVII of chapter
 1095  468, or department rule is subject to criminal prosecution and
 1096  sanctions under chapter 893.
 1097         (8) A person who makes a fraudulent representation to a law
 1098  enforcement officer of any fact or circumstance relating to the
 1099  person’s cultivation, manufacture, possession, administration,
 1100  dispensing, distribution, or authorized use of cannabis, or
 1101  possession or use of drug paraphernalia, to avoid arrest or
 1102  prosecution is subject to a criminal fine not to exceed $1,000.
 1103  The imposition of the fine is in addition to penalties that may
 1104  otherwise apply for the making of a false statement or for the
 1105  cultivation, manufacture, possession, administration,
 1106  dispensing, distribution, or unauthorized use of cannabis or
 1107  possession or use of drug paraphernalia.
 1108         499.956Defenses.—
 1109         (1) The following circumstances may be raised as an
 1110  affirmative defense to a criminal charge of possession or
 1111  distribution of cannabis or possession with intent to distribute
 1112  cannabis:
 1113         (a) The person charged with the offense is in possession of
 1114  a valid registry identification card;
 1115         (b) The person charged with the offense is 18 years of age
 1116  or older; and
 1117         (c)1. The possession or distribution, or possession with
 1118  intent to distribute, occurs at a medical facility that allows
 1119  the medical use of cannabis; or
 1120         2.The possession, distribution, or possession with intent
 1121  to distribute occurs in a medical cannabis farm or dispensary.
 1122         (2) Before, or at the time of, a cardholder’s court
 1123  appearance for a criminal charge of possession or use of drug
 1124  paraphernalia, or for a criminal charge of possession, use, or
 1125  administration of a legal amount of cannabis for medical use,
 1126  the clerk of the court may dismiss the charge and assess a
 1127  dismissal fee of $25 if the cardholder:
 1128         (a) Upon demand by a law enforcement officer, was unable to
 1129  present to the law enforcement officer a registry identification
 1130  card to confirm that the cardholder may possess or use drug
 1131  paraphernalia or possess, use, or administer legal amounts of
 1132  cannabis for medical use; and
 1133         (b) Before, or at the time of, the cardholder’s court
 1134  appearance, produces in court or to the clerk of the court in
 1135  which the charge is pending the cardholder’s registry
 1136  identification card that was valid at the time of the
 1137  cardholder’s arrest.
 1138         (3) Except as provided in subsections (1) and (2), a
 1139  cardholder may assert the purpose for the medical use of
 1140  cannabis as a defense to any prosecution involving cannabis, and
 1141  such defense is presumed valid if the evidence shows that:
 1142         (a) The qualifying patient’s physician has stated that, in
 1143  the physician’s professional opinion, after having completed a
 1144  full assessment of the patient’s medical history and current
 1145  medical condition made in the course of a bona fide physician
 1146  patient relationship, the potential benefits of using cannabis
 1147  would likely outweigh the health risks for the qualifying
 1148  patient; and
 1149         (b) The qualifying patient and the patient’s caregiver, if
 1150  any, were collectively in possession of a quantity of cannabis
 1151  which was not more than that allowed under this part to ensure
 1152  the uninterrupted availability of cannabis for the purpose of
 1153  treating a qualifying medical condition and the symptoms
 1154  associated with that condition or alleviating the side effects
 1155  of a qualifying medical treatment.
 1156         (4) A person may assert the purpose for the medical use of
 1157  cannabis in a motion to dismiss, and the charges shall be
 1158  dismissed following an evidentiary hearing if the person
 1159  presents the evidence specified in subsection (3).
 1160         (5) The Florida Contraband Forfeiture Act, contained in ss.
 1161  932.701-932.706, does not apply to any interest in or right to
 1162  property that is possessed, owned, or used in connection with
 1163  the medical use of cannabis or acts incidental to such use.
 1164         499.957Insurance.—This part does not require a
 1165  governmental, private, or other health insurance provider or
 1166  health care services plan to cover, or prohibit it from
 1167  covering, a claim for reimbursement for the medical use of
 1168  cannabis.
 1169         499.958Confidentiality.—
 1170         (1) An employer, laboratory, employee assistance program,
 1171  or alcohol and drug rehabilitation program or its agents may not
 1172  release information obtained pursuant to this part in accordance
 1173  with s. 112.0455 without a written consent form signed
 1174  voluntarily by the qualifying patient or the patient’s caregiver
 1175  unless such release is compelled by a hearing officer or a court
 1176  of competent jurisdiction pursuant to an appeal taken under this
 1177  part or is deemed appropriate by a business licensing board,
 1178  professional licensing board, or occupational licensing board in
 1179  a related disciplinary proceeding. The consent form must
 1180  contain, at a minimum:
 1181         (a) The name of the person who is authorized to obtain the
 1182  information.
 1183         (b) The purpose of the disclosure.
 1184         (c) The precise information to be disclosed.
 1185         (d) The duration of the consent.
 1186         (e) The signature of the person authorizing release of the
 1187  information.
 1188         (2) Information regarding a qualifying patient or the
 1189  patient’s caregiver may not be released or used in a criminal
 1190  proceeding against the qualifying patient or the patient’s
 1191  caregiver. Information released contrary to this section is
 1192  inadmissible as evidence in a criminal proceeding.
 1193         (3)This section does not prohibit the department or its
 1194  employees or agents from obtaining access to information
 1195  regarding a qualifying patient or the patient’s caregiver if the
 1196  department or its employees and agents consult with legal
 1197  counsel in connection with actions brought under or related to
 1198  this part or if the information is relevant to the department’s
 1199  defense in a civil or administrative proceeding.
 1200         499.959Rules.—
 1201         (1) By October 1, 2016, the department shall adopt rules to
 1202  administer this part, including rules to:
 1203         (a) Create a registration form, a procedure, and
 1204  eligibility requirements to obtain and renew a registry
 1205  identification card for a qualifying patient and the patient’s
 1206  caregiver. The department shall, by rule, establish registration
 1207  and renewal fees that generate revenues sufficient to offset all
 1208  expenses of implementing and administering this part.
 1209         (b) Adopt manufacturing practices with which medical
 1210  cannabis farms and dispensaries must comply in order to ensure
 1211  that cannabis sold by such farms and dispensaries is of
 1212  pharmaceutical grade.
 1213         (c) Ensure that the labeling on cannabis sold by medical
 1214  cannabis farms and dispensaries provides sufficient information
 1215  for qualifying patients to be able to make informed choices
 1216  about grades and forms of cannabis for medical use.
 1217         (d) Prescribe procedures and guidelines for the inspection
 1218  and auditing of dispensaries.
 1219         (2) If the department fails to adopt rules to administer
 1220  this part by January 1, 2017, a resident of this state may
 1221  commence an action in a court of competent jurisdiction to
 1222  compel performance of the actions mandated under this section.
 1223         Section 5. Emergency rules.—
 1224         (1) The executive director of the Department of Revenue is
 1225  authorized, and all conditions are deemed met, to adopt
 1226  emergency rules under ss. 120.536(1) and 120.54(4), Florida
 1227  Statutes, for the purpose of implementing this act.
 1228         (2) Notwithstanding any other provision of law, the
 1229  emergency rules shall remain in effect for 6 months after
 1230  adoption and may be renewed during the pendency of procedures to
 1231  adopt permanent rules addressing the subject of the emergency
 1232  rules.
 1233         Section 6. Subsections (1) and (2), and paragraphs (a),
 1234  (b), (c), and (e) of subsection (3) of section 381.987, Florida
 1235  Statutes, are amended to read:
 1236         381.987 Public records exemption for personal identifying
 1237  information in the compassionate use registry.—
 1238         (1) A patient’s personal identifying information held by
 1239  the department in the compassionate use registry established
 1240  under chapter 468 s. 381.986, including, but not limited to, the
 1241  patient’s name, address, telephone number, and government-issued
 1242  identification number, and all information pertaining to the
 1243  physician’s order for low-THC cannabis and the dispensing
 1244  thereof are confidential and exempt from s. 119.07(1) and s.
 1245  24(a), Art. I of the State Constitution.
 1246         (2) A physician’s identifying information held by the
 1247  department in the compassionate use registry established under
 1248  chapter 468 s. 381.986, including, but not limited to, the
 1249  physician’s name, address, telephone number, government-issued
 1250  identification number, and Drug Enforcement Administration
 1251  number, and all information pertaining to the physician’s order
 1252  for low-THC cannabis and the dispensing thereof are confidential
 1253  and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 1254  Constitution.
 1255         (3) The department shall allow access to the registry,
 1256  including access to confidential and exempt information, to:
 1257         (a) A law enforcement agency that is investigating a
 1258  violation of law regarding cannabis in which the subject of the
 1259  investigation claims an exception established under chapter 499
 1260  s. 381.986.
 1261         (b) A dispensary dispensing organization approved by the
 1262  department pursuant to chapter 468 s. 381.986 which is
 1263  attempting to verify the authenticity of a physician’s order for
 1264  low-THC cannabis, including whether the order had been
 1265  previously filled and whether the order was written for the
 1266  person attempting to have it filled.
 1267         (c) A physician who has written an order for low-THC
 1268  cannabis for the purpose of monitoring the patient’s use of such
 1269  cannabis or for the purpose of determining, before issuing an
 1270  order for low-THC cannabis, whether another physician has
 1271  ordered the patient’s use of low-THC cannabis. The physician may
 1272  access the confidential and exempt information only for the
 1273  patient for whom he or she has ordered or is determining whether
 1274  to order the use of low-THC cannabis pursuant to chapter 499 s.
 1275  381.986.
 1276         (e) The department’s relevant health care regulatory boards
 1277  responsible for the licensure, regulation, or discipline of a
 1278  physician if he or she is involved in a specific investigation
 1279  of a violation of chapter 499 s. 381.986. If a health care
 1280  regulatory board’s investigation reveals potential criminal
 1281  activity, the board may provide any relevant information to the
 1282  appropriate law enforcement agency.
 1283         Section 7. Subsection (1) of section 385.211, Florida
 1284  Statutes, is amended to read:
 1285         385.211 Refractory and intractable epilepsy treatment and
 1286  research at recognized medical centers.—
 1287         (1) As used in this section, the term “low-THC cannabis”
 1288  means “low-THC cannabis” as defined in s. 381.986 that is
 1289  dispensed only from a dispensary dispensing organization as
 1290  defined in s. 468.903 s. 381.986.
 1291         Section 8. Subsection (6) of section 812.14, Florida
 1292  Statutes, is amended to read:
 1293         812.14 Trespass and larceny with relation to utility
 1294  fixtures; theft of utility services.—
 1295         (6) It is prima facie evidence of a person’s intent to
 1296  violate subsection (5) if:
 1297         (a) A controlled substance and materials for manufacturing
 1298  the controlled substance intended for sale or distribution to
 1299  another were found in a dwelling or structure;
 1300         (b) Except as provided in this chapter, chapter 468, or
 1301  chapter 499 and notwithstanding s. 893.13, the dwelling or
 1302  structure has been visibly modified to accommodate the use of
 1303  equipment to grow marijuana indoors, including, but not limited
 1304  to, the installation of equipment to provide additional air
 1305  conditioning, equipment to provide high-wattage lighting, or
 1306  equipment for hydroponic cultivation; and
 1307         (c) The person or entity that owned, leased, or subleased
 1308  the dwelling or structure knew of, or did so under such
 1309  circumstances as would induce a reasonable person to believe in,
 1310  the presence of a controlled substance and materials for
 1311  manufacturing a controlled substance in the dwelling or
 1312  structure, regardless of whether the person or entity was
 1313  involved in the manufacture or sale of a controlled substance or
 1314  was in actual possession of the dwelling or structure.
 1315         Section 9. Subsection (3) section 893.02, Florida Statutes,
 1316  is amended to read:
 1317         893.02 Definitions.—The following words and phrases as used
 1318  in this chapter shall have the following meanings, unless the
 1319  context otherwise requires:
 1320         (3) “Cannabis” means all parts of any plant of the genus
 1321  Cannabis, whether growing or not; the seeds thereof; the resin
 1322  extracted from any part of the plant; and every compound,
 1323  manufacture, salt, derivative, mixture, or preparation of the
 1324  plant or its seeds or resin. The term does not include “low-THC
 1325  cannabis,” as defined in s. 381.986, if manufactured, possessed,
 1326  sold, purchased, delivered, distributed, or dispensed, in
 1327  conformance with chapters 468 and 499 s. 381.986.
 1328         Section 10. Paragraph (c) of subsection (1) of section
 1329  893.03, Florida Statutes, is amended to read:
 1330         893.03 Standards and schedules.—The substances enumerated
 1331  in this section are controlled by this chapter. The controlled
 1332  substances listed or to be listed in Schedules I, II, III, IV,
 1333  and V are included by whatever official, common, usual,
 1334  chemical, or trade name designated. The provisions of this
 1335  section shall not be construed to include within any of the
 1336  schedules contained in this section any excluded drugs listed
 1337  within the purview of 21 C.F.R. s. 1308.22, styled “Excluded
 1338  Substances”; 21 C.F.R. s. 1308.24, styled “Exempt Chemical
 1339  Preparations”; 21 C.F.R. s. 1308.32, styled “Exempted
 1340  Prescription Products”; or 21 C.F.R. s. 1308.34, styled “Exempt
 1341  Anabolic Steroid Products.”
 1342         (1) SCHEDULE I.—A substance in Schedule I has a high
 1343  potential for abuse and has no currently accepted medical use in
 1344  treatment in the United States and in its use under medical
 1345  supervision does not meet accepted safety standards. The
 1346  following substances are controlled in Schedule I:
 1347         (c) Unless specifically excepted or unless listed in
 1348  another schedule, any material, compound, mixture, or
 1349  preparation that contains any quantity of the following
 1350  hallucinogenic substances or that contains any of their salts,
 1351  isomers, including optical, positional, or geometric isomers,
 1352  and salts of isomers, if the existence of such salts, isomers,
 1353  and salts of isomers is possible within the specific chemical
 1354  designation:
 1355         1. Alpha-ethyltryptamine.
 1356         2. 2-Amino-4-methyl-5-phenyl-2-oxazoline (4
 1357  methylaminorex).
 1358         3. 2-Amino-5-phenyl-2-oxazoline (Aminorex).
 1359         4. 4-Bromo-2,5-dimethoxyamphetamine.
 1360         5. 4-Bromo-2,5-dimethoxyphenethylamine.
 1361         6. Bufotenine.
 1362         7. Cannabis, except as authorized in chapters 468 and 499.
 1363         8. Cathinone.
 1364         9. Diethyltryptamine.
 1365         10. 2,5-Dimethoxyamphetamine.
 1366         11. 2,5-Dimethoxy-4-ethylamphetamine (DOET).
 1367         12. Dimethyltryptamine.
 1368         13. N-Ethyl-1-phenylcyclohexylamine (PCE) (Ethylamine
 1369  analog of phencyclidine).
 1370         14. N-Ethyl-3-piperidyl benzilate.
 1371         15. N-ethylamphetamine.
 1372         16. Fenethylline.
 1373         17. N-Hydroxy-3,4-methylenedioxyamphetamine.
 1374         18. Ibogaine.
 1375         19. Lysergic acid diethylamide (LSD).
 1376         20. Mescaline.
 1377         21. Methcathinone.
 1378         22. 5-Methoxy-3,4-methylenedioxyamphetamine.
 1379         23. 4-methoxyamphetamine.
 1380         24. 4-methoxymethamphetamine.
 1381         25. 4-Methyl-2,5-dimethoxyamphetamine.
 1382         26. 3,4-Methylenedioxy-N-ethylamphetamine.
 1383         27. 3,4-Methylenedioxyamphetamine.
 1384         28. N-Methyl-3-piperidyl benzilate.
 1385         29. N,N-dimethylamphetamine.
 1386         30. Parahexyl.
 1387         31. Peyote.
 1388         32. N-(1-Phenylcyclohexyl)-pyrrolidine (PCPY) (Pyrrolidine
 1389  analog of phencyclidine).
 1390         33. Psilocybin.
 1391         34. Psilocyn.
 1392         35. Salvia divinorum, except for any drug product approved
 1393  by the United States Food and Drug Administration which contains
 1394  Salvia divinorum or its isomers, esters, ethers, salts, and
 1395  salts of isomers, esters, and ethers, if the existence of such
 1396  isomers, esters, ethers, and salts is possible within the
 1397  specific chemical designation.
 1398         36. Salvinorin A, except for any drug product approved by
 1399  the United States Food and Drug Administration which contains
 1400  Salvinorin A or its isomers, esters, ethers, salts, and salts of
 1401  isomers, esters, and ethers, if the existence of such isomers,
 1402  esters, ethers, and salts is possible within the specific
 1403  chemical designation.
 1404         37. Tetrahydrocannabinols, except as authorized in chapters
 1405  468 and 499.
 1406         38. 1-[1-(2-Thienyl)-cyclohexyl]-piperidine (TCP)
 1407  (Thiophene analog of phencyclidine).
 1408         39. 3,4,5-Trimethoxyamphetamine.
 1409         40. 3,4-Methylenedioxymethcathinone.
 1410         41. 3,4-Methylenedioxypyrovalerone (MDPV).
 1411         42. Methylmethcathinone.
 1412         43. Methoxymethcathinone.
 1413         44. Fluoromethcathinone.
 1414         45. Methylethcathinone.
 1415         46. 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2
 1416  yl)phenol, also known as CP 47,497 and its dimethyloctyl (C8)
 1417  homologue.
 1418         47. (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2
 1419  methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo [c]chromen-1-ol,
 1420  also known as HU-210.
 1421         48. 1-Pentyl-3-(1-naphthoyl)indole, also known as JWH-018.
 1422         49. 1-Butyl-3-(1-naphthoyl)indole, also known as JWH-073.
 1423         50. 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl) indole, also
 1424  known as JWH-200.
 1425         51. BZP (Benzylpiperazine).
 1426         52. Fluorophenylpiperazine.
 1427         53. Methylphenylpiperazine.
 1428         54. Chlorophenylpiperazine.
 1429         55. Methoxyphenylpiperazine.
 1430         56. DBZP (1,4-dibenzylpiperazine).
 1431         57. TFMPP (3-Trifluoromethylphenylpiperazine).
 1432         58. MBDB (Methylbenzodioxolylbutanamine).
 1433         59. 5-Hydroxy-alpha-methyltryptamine.
 1434         60. 5-Hydroxy-N-methyltryptamine.
 1435         61. 5-Methoxy-N-methyl-N-isopropyltryptamine.
 1436         62. 5-Methoxy-alpha-methyltryptamine.
 1437         63. Methyltryptamine.
 1438         64. 5-Methoxy-N,N-dimethyltryptamine.
 1439         65. 5-Methyl-N,N-dimethyltryptamine.
 1440         66. Tyramine (4-Hydroxyphenethylamine).
 1441         67. 5-Methoxy-N,N-Diisopropyltryptamine.
 1442         68. DiPT (N,N-Diisopropyltryptamine).
 1443         69. DPT (N,N-Dipropyltryptamine).
 1444         70. 4-Hydroxy-N,N-diisopropyltryptamine.
 1445         71. N,N-Diallyl-5-Methoxytryptamine.
 1446         72. DOI (4-Iodo-2,5-dimethoxyamphetamine).
 1447         73. DOC (4-Chloro-2,5-dimethoxyamphetamine).
 1448         74. 2C-E (4-Ethyl-2,5-dimethoxyphenethylamine).
 1449         75. 2C-T-4 (2,5-Dimethoxy-4-isopropylthiophenethylamine).
 1450         76. 2C-C (4-Chloro-2,5-dimethoxyphenethylamine).
 1451         77. 2C-T (2,5-Dimethoxy-4-methylthiophenethylamine).
 1452         78. 2C-T-2 (2,5-Dimethoxy-4-ethylthiophenethylamine).
 1453         79. 2C-T-7 (2,5-Dimethoxy-4-(n)-propylthiophenethylamine).
 1454         80. 2C-I (4-Iodo-2,5-dimethoxyphenethylamine).
 1455         81. Butylone (beta-keto-N-methylbenzodioxolylpropylamine).
 1456         82. Ethcathinone.
 1457         83. Ethylone (3,4-methylenedioxy-N-ethylcathinone).
 1458         84. Naphyrone (naphthylpyrovalerone).
 1459         85. N-N-Dimethyl-3,4-methylenedioxycathinone.
 1460         86. N-N-Diethyl-3,4-methylenedioxycathinone.
 1461         87. 3,4-methylenedioxy-propiophenone.
 1462         88. 2-Bromo-3,4-Methylenedioxypropiophenone.
 1463         89. 3,4-methylenedioxy-propiophenone-2-oxime.
 1464         90. N-Acetyl-3,4-methylenedioxycathinone.
 1465         91. N-Acetyl-N-Methyl-3,4-Methylenedioxycathinone.
 1466         92. N-Acetyl-N-Ethyl-3,4-Methylenedioxycathinone.
 1467         93. Bromomethcathinone.
 1468         94. Buphedrone (alpha-methylamino-butyrophenone).
 1469         95. Eutylone (beta-Keto-Ethylbenzodioxolylbutanamine).
 1470         96. Dimethylcathinone.
 1471         97. Dimethylmethcathinone.
 1472         98. Pentylone (beta-Keto-Methylbenzodioxolylpentanamine).
 1473         99. (MDPPP) 3,4-Methylenedioxy-alpha
 1474  pyrrolidinopropiophenone.
 1475         100. (MDPBP) 3,4-Methylenedioxy-alpha
 1476  pyrrolidinobutiophenone.
 1477         101. Methoxy-alpha-pyrrolidinopropiophenone (MOPPP).
 1478         102. Methyl-alpha-pyrrolidinohexiophenone (MPHP).
 1479         103. Benocyclidine (BCP) or
 1480  benzothiophenylcyclohexylpiperidine (BTCP).
 1481         104. Fluoromethylaminobutyrophenone (F-MABP).
 1482         105. Methoxypyrrolidinobutyrophenone (MeO-PBP).
 1483         106. Ethyl-pyrrolidinobutyrophenone (Et-PBP).
 1484         107. 3-Methyl-4-Methoxymethcathinone (3-Me-4-MeO-MCAT).
 1485         108. Methylethylaminobutyrophenone (Me-EABP).
 1486         109. Methylamino-butyrophenone (MABP).
 1487         110. Pyrrolidinopropiophenone (PPP).
 1488         111. Pyrrolidinobutiophenone (PBP).
 1489         112. Pyrrolidinovalerophenone (PVP).
 1490         113. Methyl-alpha-pyrrolidinopropiophenone (MPPP).
 1491         114. JWH-007 (1-pentyl-2-methyl-3-(1-naphthoyl)indole).
 1492         115. JWH-015 (2-Methyl-1-propyl-1H-indol-3-yl)-1
 1493  naphthalenylmethanone).
 1494         116. JWH-019 (Naphthalen-1-yl-(1-hexylindol-3
 1495  yl)methanone).
 1496         117. JWH-020 (1-heptyl-3-(1-naphthoyl)indole).
 1497         118. JWH-072 (Naphthalen-1-yl-(1-propyl-1H-indol-3
 1498  yl)methanone).
 1499         119. JWH-081 (4-methoxynaphthalen-1-yl-(1-pentylindol-3
 1500  yl)methanone).
 1501         120. JWH-122 (1-pentyl-3-(4-methyl-1-naphthoyl)indole).
 1502         121. JWH-133 ((6aR,10aR)-3-(1,1-Dimethylbutyl)-6a,7,10,10a
 1503  tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran)).
 1504         122. JWH-175 (3-(naphthalen-1-ylmethyl)-1-pentyl-1H
 1505  indole).
 1506         123. JWH-201 (1-pentyl-3-(4-methoxyphenylacetyl)indole).
 1507         124. JWH-203 (2-(2-chlorophenyl)-1-(1-pentylindol-3
 1508  yl)ethanone).
 1509         125. JWH-210 (4-ethylnaphthalen-1-yl-(1-pentylindol-3
 1510  yl)methanone).
 1511         126. JWH-250 (2-(2-methoxyphenyl)-1-(1-pentylindol-3
 1512  yl)ethanone).
 1513         127. JWH-251 (2-(2-methylphenyl)-1-(1-pentyl-1H-indol-3
 1514  yl)ethanone).
 1515         128. JWH-302 (1-pentyl-3-(3-methoxyphenylacetyl)indole).
 1516         129. JWH-398 (1-pentyl-3-(4-chloro-1-naphthoyl)indole).
 1517         130. HU-211 ((6aS,10aS)-9-(Hydroxymethyl)-6,6-dimethyl-3
 1518  (2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1
 1519  ol).
 1520         131. HU-308 ([(1R,2R,5R)-2-[2,6-dimethoxy-4-(2-methyloctan
 1521  2-yl)phenyl]-7,7-dimethyl-4-bicyclo[3.1.1]hept-3-enyl]
 1522  methanol).
 1523         132. HU-331 (3-hydroxy-2-[(1R,6R)-3-methyl-6-(1-
 1524  methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-2,5-cyclohexadiene
 1525  1,4-dione).
 1526         133. CB-13 (Naphthalen-1-yl-(4-pentyloxynaphthalen-1
 1527  yl)methanone).
 1528         134. CB-25 (N-cyclopropyl-11-(3-hydroxy-5-pentylphenoxy)
 1529  undecanamide).
 1530         135. CB-52 (N-cyclopropyl-11-(2-hexyl-5-hydroxyphenoxy)
 1531  undecanamide).
 1532         136. CP 55,940 (2-[(1R,2R,5R)-5-hydroxy-2-(3
 1533  hydroxypropyl)cyclohexyl]-5-(2-methyloctan-2-yl)phenol).
 1534         137. AM-694 (1-[(5-fluoropentyl)-1H-indol-3-yl]-(2
 1535  iodophenyl)methanone).
 1536         138. AM-2201 (1-[(5-fluoropentyl)-1H-indol-3-yl]
 1537  (naphthalen-1-yl)methanone).
 1538         139. RCS-4 ((4-methoxyphenyl) (1-pentyl-1H-indol-3
 1539  yl)methanone).
 1540         140. RCS-8 (1-(1-(2-cyclohexylethyl)-1H-indol-3-yl)-2-(2
 1541  methoxyphenylethanone).
 1542         141. WIN55,212-2 ((R)-(+)-[2,3-Dihydro-5-methyl-3-(4
 1543  morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1
 1544  naphthalenylmethanone).
 1545         142. WIN55,212-3 ([(3S)-2,3-Dihydro-5-methyl-3-(4
 1546  morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1
 1547  naphthalenylmethanone).
 1548         143. Pentedrone (2-(methylamino)-1-phenyl-1-pentanone).
 1549         144. Fluoroamphetamine.
 1550         145. Fluoromethamphetamine.
 1551         146. Methoxetamine.
 1552         147. Methiopropamine.
 1553         148. 4-Methylbuphedrone (2-Methylamino-1-(4
 1554  methylphenyl)butan-1-one).
 1555         149. APB ((2-aminopropyl)benzofuran).
 1556         150. APDB ((2-aminopropyl)-2,3-dihydrobenzofuran).
 1557         151. UR-144 ((1-pentyl-1H-indol-3-yl)(2,2,3,3
 1558  tetramethylcyclopropyl)methanone).
 1559         152. XLR11 ((1-(5-fluoropentyl)-1H-indol-3-yl)(2,2,3,3
 1560  tetramethylcyclopropyl)methanone).
 1561         153. (1-(5-chloropentyl)-1H-indol-3-yl)(2,2,3,3
 1562  tetramethylcyclopropyl)methanone.
 1563         154. AKB48 (1-pentyl-N-tricyclo[3.3.1.13,7]dec-1-yl-1H
 1564  indazole-3-carboxamide).
 1565         155. AM-2233((2-iodophenyl)[1-[(1-methyl-2
 1566  piperidinyl)methyl]-1H-indol-3-yl]-methanone).
 1567         156. STS-135 (1-(5-fluoropentyl)-N-tricyclo[3.3.1.13,7]dec
 1568  1-yl-1H-indole-3-carboxamide).
 1569         157. URB-597 ((3’-(aminocarbonyl)[1,1’-biphenyl]-3-yl)-
 1570  cyclohexylcarbamate).
 1571         158. URB-602 ([1,1’-biphenyl]-3-yl-carbamic acid,
 1572  cyclohexyl ester).
 1573         159. URB-754 (6-methyl-2-[(4-methylphenyl)amino]-1
 1574  benzoxazin-4-one).
 1575         160. 2C-D (2-(2,5-Dimethoxy-4-methylphenyl)ethanamine).
 1576         161. 2C-H (2-(2,5-Dimethoxyphenyl)ethanamine).
 1577         162. 2C-N (2-(2,5-Dimethoxy-4-nitrophenyl)ethanamine).
 1578         163. 2C-P (2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine).
 1579         164. 25I-NBOMe (4-iodo-2,5-dimethoxy-N-[(2
 1580  methoxyphenyl)methyl]-benzeneethanamine).
 1581         165. 3,4-Methylenedioxymethamphetamine (MDMA).
 1582         166. PB-22 (1-pentyl-8-quinolinyl ester-1H-indole-3
 1583  carboxylic acid).
 1584         167. 5-Fluoro PB-22 (8-quinolinyl ester-1-(5-fluoropentyl)
 1585  1H-indole-3-carboxylic acid).
 1586         168. BB-22 (1-(cyclohexylmethyl)-8-quinolinyl ester-1H
 1587  indole-3-carboxylic acid).
 1588         169. 5-Fluoro AKB48 (N-((3s,5s,7s)-adamantan-1-yl)-1-(5
 1589  fluoropentyl)-1H-indazole-3-carboxamide).
 1590         170. AB-PINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1
 1591  pentyl-1H-indazole-3-carboxamide).
 1592         171. AB-FUBINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1
 1593  (4-fluorobenzyl)-1H-indazole-3-carboxamide).
 1594         172. ADB-PINACA (N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl)
 1595  1-pentyl-1H-indazole-3-carboxamide).
 1596         173. Fluoro ADBICA (N-(1-Amino-3,3-dimethyl-1-oxobutan-2
 1597  yl)-1-(fluoropentyl)-1H-indole-3-carboxamide).
 1598         174. 25B-NBOMe (4-bromo-2,5-dimethoxy-N-[(2
 1599  methoxyphenyl)methyl]-benzeneethanamine).
 1600         175. 2C-C-NBOMe (4-chloro-2,5-dimethoxy-N-[(2
 1601  methoxyphenyl)methyl]-benzeneethanamine).
 1602         176. AB-CHMINACA: N-[1-(aminocarbonyl)-2-methylpropyl]-1
 1603  (cyclohexylmethyl)-1H-indazole-3-carboxamide.
 1604         177. FUB-PB-22: Quinolin-8-yl-1-(4-fluorobenzyl)-1H-indole
 1605  3-carboxylate.
 1606         178. Fluoro-NNEI: 1-(Fluoropentyl)-N-(naphthalen-1-yl)-1H
 1607  indole-3-carboxamide.
 1608         179. Fluoro-AMB: Methyl 2-(1-(fluoropentyl)-1H-indazole-3
 1609  carboxamido)-3-methylbutanoate.
 1610         180. THJ-2201: [1-(5-Fluoropentyl)-1H-indazol-3
 1611  yl](naphthalen-1-yl)methanone.
 1612         Section 11. Subsections (1) through (6) of section 893.13,
 1613  Florida Statutes, are amended to read:
 1614         893.13 Prohibited acts; penalties.—
 1615         (1)(a) Except as authorized by this chapter and chapters
 1616  468 and chapter 499, a person may not sell, manufacture, or
 1617  deliver, or possess with intent to sell, manufacture, or
 1618  deliver, a controlled substance. A person who violates this
 1619  provision with respect to:
 1620         1. A controlled substance named or described in s.
 1621  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
 1622  commits a felony of the second degree, punishable as provided in
 1623  s. 775.082, s. 775.083, or s. 775.084.
 1624         2. A controlled substance named or described in s.
 1625  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
 1626  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
 1627  the third degree, punishable as provided in s. 775.082, s.
 1628  775.083, or s. 775.084.
 1629         3. A controlled substance named or described in s.
 1630  893.03(5) commits a misdemeanor of the first degree, punishable
 1631  as provided in s. 775.082 or s. 775.083.
 1632         (b) Except as provided in this chapter and chapters 468 and
 1633  499, a person may not sell or deliver in excess of 10 grams of
 1634  any substance named or described in s. 893.03(1)(a) or (1)(b),
 1635  or any combination thereof, or any mixture containing any such
 1636  substance. A person who violates this paragraph commits a felony
 1637  of the first degree, punishable as provided in s. 775.082, s.
 1638  775.083, or s. 775.084.
 1639         (c) Except as authorized by this chapter and chapters 468
 1640  and 499, a person may not sell, manufacture, or deliver, or
 1641  possess with intent to sell, manufacture, or deliver, a
 1642  controlled substance in, on, or within 1,000 feet of the real
 1643  property comprising a child care facility as defined in s.
 1644  402.302 or a public or private elementary, middle, or secondary
 1645  school between the hours of 6 a.m. and 12 midnight, or at any
 1646  time in, on, or within 1,000 feet of real property comprising a
 1647  state, county, or municipal park, a community center, or a
 1648  publicly owned recreational facility. As used in this paragraph,
 1649  the term “community center” means a facility operated by a
 1650  nonprofit community-based organization for the provision of
 1651  recreational, social, or educational services to the public. A
 1652  person who violates this paragraph with respect to:
 1653         1. A controlled substance named or described in s.
 1654  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
 1655  commits a felony of the first degree, punishable as provided in
 1656  s. 775.082, s. 775.083, or s. 775.084. The defendant must be
 1657  sentenced to a minimum term of imprisonment of 3 calendar years
 1658  unless the offense was committed within 1,000 feet of the real
 1659  property comprising a child care facility as defined in s.
 1660  402.302.
 1661         2. A controlled substance named or described in s.
 1662  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
 1663  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
 1664  the second degree, punishable as provided in s. 775.082, s.
 1665  775.083, or s. 775.084.
 1666         3. Any other controlled substance, except as lawfully sold,
 1667  manufactured, or delivered, must be sentenced to pay a $500 fine
 1668  and to serve 100 hours of public service in addition to any
 1669  other penalty prescribed by law.
 1670  
 1671  This paragraph does not apply to a child care facility unless
 1672  the owner or operator of the facility posts a sign that is not
 1673  less than 2 square feet in size with a word legend identifying
 1674  the facility as a licensed child care facility and that is
 1675  posted on the property of the child care facility in a
 1676  conspicuous place where the sign is reasonably visible to the
 1677  public.
 1678         (d) Except as authorized by this chapter and chapters 468
 1679  and 499, a person may not sell, manufacture, or deliver, or
 1680  possess with intent to sell, manufacture, or deliver, a
 1681  controlled substance in, on, or within 1,000 feet of the real
 1682  property comprising a public or private college, university, or
 1683  other postsecondary educational institution. A person who
 1684  violates this paragraph with respect to:
 1685         1. A controlled substance named or described in s.
 1686  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
 1687  commits a felony of the first degree, punishable as provided in
 1688  s. 775.082, s. 775.083, or s. 775.084.
 1689         2. A controlled substance named or described in s.
 1690  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
 1691  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
 1692  the second degree, punishable as provided in s. 775.082, s.
 1693  775.083, or s. 775.084.
 1694         3. Any other controlled substance, except as lawfully sold,
 1695  manufactured, or delivered, must be sentenced to pay a $500 fine
 1696  and to serve 100 hours of public service in addition to any
 1697  other penalty prescribed by law.
 1698         (e) Except as authorized by this chapter and chapters 468
 1699  and 499, a person may not sell, manufacture, or deliver, or
 1700  possess with intent to sell, manufacture, or deliver, a
 1701  controlled substance not authorized by law in, on, or within
 1702  1,000 feet of a physical place for worship at which a church or
 1703  religious organization regularly conducts religious services or
 1704  within 1,000 feet of a convenience business as defined in s.
 1705  812.171. A person who violates this paragraph with respect to:
 1706         1. A controlled substance named or described in s.
 1707  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
 1708  commits a felony of the first degree, punishable as provided in
 1709  s. 775.082, s. 775.083, or s. 775.084.
 1710         2. A controlled substance named or described in s.
 1711  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
 1712  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
 1713  the second degree, punishable as provided in s. 775.082, s.
 1714  775.083, or s. 775.084.
 1715         3. Any other controlled substance, except as lawfully sold,
 1716  manufactured, or delivered, must be sentenced to pay a $500 fine
 1717  and to serve 100 hours of public service in addition to any
 1718  other penalty prescribed by law.
 1719         (f) Except as authorized by this chapter and chapters 468
 1720  and 499, a person may not sell, manufacture, or deliver, or
 1721  possess with intent to sell, manufacture, or deliver, a
 1722  controlled substance in, on, or within 1,000 feet of the real
 1723  property comprising a public housing facility at any time. As
 1724  used in this section, the term “real property comprising a
 1725  public housing facility” means real property, as defined in s.
 1726  421.03(12), of a public corporation created as a housing
 1727  authority pursuant to part I of chapter 421. A person who
 1728  violates this paragraph with respect to:
 1729         1. A controlled substance named or described in s.
 1730  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
 1731  commits a felony of the first degree, punishable as provided in
 1732  s. 775.082, s. 775.083, or s. 775.084.
 1733         2. A controlled substance named or described in s.
 1734  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
 1735  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
 1736  the second degree, punishable as provided in s. 775.082, s.
 1737  775.083, or s. 775.084.
 1738         3. Any other controlled substance, except as lawfully sold,
 1739  manufactured, or delivered, must be sentenced to pay a $500 fine
 1740  and to serve 100 hours of public service in addition to any
 1741  other penalty prescribed by law.
 1742         (g) Except as authorized by this chapter and chapters 468
 1743  and 499, a person may not manufacture methamphetamine or
 1744  phencyclidine, or possess any listed chemical as defined in s.
 1745  893.033 in violation of s. 893.149 and with intent to
 1746  manufacture methamphetamine or phencyclidine. If a person
 1747  violates this paragraph and:
 1748         1. The commission or attempted commission of the crime
 1749  occurs in a structure or conveyance where any child younger than
 1750  16 years of age is present, the person commits a felony of the
 1751  first degree, punishable as provided in s. 775.082, s. 775.083,
 1752  or s. 775.084. In addition, the defendant must be sentenced to a
 1753  minimum term of imprisonment of 5 calendar years.
 1754         2. The commission of the crime causes any child younger
 1755  than 16 years of age to suffer great bodily harm, the person
 1756  commits a felony of the first degree, punishable as provided in
 1757  s. 775.082, s. 775.083, or s. 775.084. In addition, the
 1758  defendant must be sentenced to a minimum term of imprisonment of
 1759  10 calendar years.
 1760         (h) Except as authorized by this chapter and chapters 468
 1761  and 499, a person may not sell, manufacture, or deliver, or
 1762  possess with intent to sell, manufacture, or deliver, a
 1763  controlled substance in, on, or within 1,000 feet of the real
 1764  property comprising an assisted living facility, as that term is
 1765  used in chapter 429. A person who violates this paragraph with
 1766  respect to:
 1767         1. A controlled substance named or described in s.
 1768  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
 1769  commits a felony of the first degree, punishable as provided in
 1770  s. 775.082, s. 775.083, or s. 775.084.
 1771         2. A controlled substance named or described in s.
 1772  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
 1773  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
 1774  the second degree, punishable as provided in s. 775.082, s.
 1775  775.083, or s. 775.084.
 1776         (2)(a) Except as authorized by this chapter and chapters
 1777  468 and chapter 499, a person may not purchase, or possess with
 1778  intent to purchase, a controlled substance. A person who
 1779  violates this provision with respect to:
 1780         1. A controlled substance named or described in s.
 1781  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
 1782  commits a felony of the second degree, punishable as provided in
 1783  s. 775.082, s. 775.083, or s. 775.084.
 1784         2. A controlled substance named or described in s.
 1785  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
 1786  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
 1787  the third degree, punishable as provided in s. 775.082, s.
 1788  775.083, or s. 775.084.
 1789         3. A controlled substance named or described in s.
 1790  893.03(5) commits a misdemeanor of the first degree, punishable
 1791  as provided in s. 775.082 or s. 775.083.
 1792         (b) Except as authorized provided in this chapter and
 1793  chapters 468 and 499, a person may not purchase more than 10
 1794  grams of any substance named or described in s. 893.03(1)(a) or
 1795  (1)(b), or any combination thereof, or any mixture containing
 1796  any such substance. A person who violates this paragraph commits
 1797  a felony of the first degree, punishable as provided in s.
 1798  775.082, s. 775.083, or s. 775.084.
 1799         (3) Except as authorized in this chapter and chapters 468
 1800  and 499, a person who delivers, without consideration, 20 grams
 1801  or less of cannabis, as defined in this chapter, commits a
 1802  misdemeanor of the first degree, punishable as provided in s.
 1803  775.082 or s. 775.083. As used in this paragraph, the term
 1804  “cannabis” does not include the resin extracted from the plants
 1805  of the genus Cannabis or any compound manufacture, salt,
 1806  derivative, mixture, or preparation of such resin.
 1807         (4) Except as authorized by this chapter and chapters 468
 1808  and 499, a person 18 years of age or older may not deliver any
 1809  controlled substance to a person younger than 18 years of age,
 1810  except for an emancipated minor; use or hire a person younger
 1811  than 18 years of age as an agent or employee in the sale or
 1812  delivery of such a substance, or use such person to assist in
 1813  avoiding detection or apprehension for a violation of this
 1814  chapter. A person who violates this provision with respect to:
 1815         (a) A controlled substance named or described in s.
 1816  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
 1817  commits a felony of the first degree, punishable as provided in
 1818  s. 775.082, s. 775.083, or s. 775.084.
 1819         (b) A controlled substance named or described in s.
 1820  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
 1821  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
 1822  the second degree, punishable as provided in s. 775.082, s.
 1823  775.083, or s. 775.084.
 1824  
 1825  Imposition of sentence may not be suspended or deferred, and the
 1826  person so convicted may not be placed on probation.
 1827         (5) A person may not bring into this state any controlled
 1828  substance unless the possession of such controlled substance is
 1829  authorized by this chapter, chapter 468, or chapter 499 or
 1830  unless such person is licensed to do so by the appropriate
 1831  federal agency. A person who violates this provision with
 1832  respect to:
 1833         (a) A controlled substance named or described in s.
 1834  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
 1835  commits a felony of the second degree, punishable as provided in
 1836  s. 775.082, s. 775.083, or s. 775.084.
 1837         (b) A controlled substance named or described in s.
 1838  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
 1839  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
 1840  the third degree, punishable as provided in s. 775.082, s.
 1841  775.083, or s. 775.084.
 1842         (c) A controlled substance named or described in s.
 1843  893.03(5) commits a misdemeanor of the first degree, punishable
 1844  as provided in s. 775.082 or s. 775.083.
 1845         (6)(a) A person may not be in actual or constructive
 1846  possession of a controlled substance unless such controlled
 1847  substance was lawfully obtained from a practitioner or pursuant
 1848  to a valid prescription or order of a practitioner while acting
 1849  in the course of his or her professional practice or to be in
 1850  actual or constructive possession of a controlled substance
 1851  except as otherwise authorized by this chapter, chapter 468, or
 1852  chapter 499. A person who violates this provision commits a
 1853  felony of the third degree, punishable as provided in s.
 1854  775.082, s. 775.083, or s. 775.084.
 1855         (b) Except as authorized in this chapter and chapters 468
 1856  and 499, if the offense is the possession of 20 grams or less of
 1857  cannabis, as defined in this chapter, or 3 grams or less of a
 1858  controlled substance described in s. 893.03(1)(c)46.-50., 114.
 1859  142., 151.-159., or 166.-173., the person commits a misdemeanor
 1860  of the first degree, punishable as provided in s. 775.082 or s.
 1861  775.083. As used in this subsection, the term “cannabis” does
 1862  not include the resin extracted from the plants of the genus
 1863  Cannabis, or any compound manufacture, salt, derivative,
 1864  mixture, or preparation of such resin, and a controlled
 1865  substance described in s. 893.03(1)(c)46.-50., 114.-142., 151.
 1866  159., or 166.-173. does not include the substance in a powdered
 1867  form.
 1868         (c) Except as authorized provided in this chapter and
 1869  chapters 468 and 499, a person may not possess more than 10
 1870  grams of any substance named or described in s. 893.03(1)(a) or
 1871  (1)(b), or any combination thereof, or any mixture containing
 1872  any such substance. A person who violates this paragraph commits
 1873  a felony of the first degree, punishable as provided in s.
 1874  775.082, s. 775.083, or s. 775.084.
 1875         (d) Notwithstanding any provision to the contrary of the
 1876  laws of this state relating to arrest, a law enforcement officer
 1877  may arrest without warrant any person who the officer has
 1878  probable cause to believe is violating the provisions of this
 1879  chapter and chapters 468 and 499 relating to possession of
 1880  cannabis.
 1881         Section 12. Section 893.1351, Florida Statutes, is amended
 1882  to read:
 1883         893.1351 Ownership, lease, rental, or possession for
 1884  trafficking in or manufacturing a controlled substance.—
 1885         (1) Except as authorized in this chapter and chapters 468
 1886  and 499, a person may not own, lease, or rent any place,
 1887  structure, or part of such place or structure thereof, trailer,
 1888  or other conveyance with the knowledge that the place,
 1889  structure, trailer, or conveyance will be used for the purpose
 1890  of:
 1891         (a) Trafficking in a controlled substance, as provided in
 1892  s. 893.135;
 1893         (b)Selling for the sale of a controlled substance, as
 1894  provided in s. 893.13; or for the manufacture of
 1895         (c)Manufacturing a controlled substance intended for sale
 1896  or distribution to another.
 1897  
 1898  A person who violates this subsection commits a felony of the
 1899  third degree, punishable as provided in s. 775.082, s. 775.083,
 1900  or s. 775.084.
 1901         (2) Except as authorized in this chapter and chapters 468
 1902  and 499, a person may not knowingly be in actual or constructive
 1903  possession of any place, structure, or part of such place or
 1904  structure thereof, trailer, or other conveyance with the
 1905  knowledge that the place, structure, or part thereof, trailer,
 1906  or conveyance will be used for the purpose of trafficking in a
 1907  controlled substance, as provided in s. 893.135; for the sale of
 1908  a controlled substance, as provided in s. 893.13; or for the
 1909  manufacture of a controlled substance intended for sale or
 1910  distribution to another. A person who violates this subsection
 1911  commits a felony of the second degree, punishable as provided in
 1912  s. 775.082, s. 775.083, or s. 775.084.
 1913         (3) Except as authorized in this chapter and chapters 468
 1914  and 499, a person who is in actual or constructive possession of
 1915  a place, structure, trailer, or conveyance with the knowledge
 1916  that the place, structure, trailer, or conveyance is being used
 1917  to manufacture a controlled substance intended for sale or
 1918  distribution to another and who knew or should have known that a
 1919  minor is present or resides in the place, structure, trailer, or
 1920  conveyance commits a felony of the first degree, punishable as
 1921  provided in s. 775.082, s. 775.083, or s. 775.084.
 1922         (4) For the purposes of this section, proof of the
 1923  possession of 25 or more cannabis plants constitutes prima facie
 1924  evidence that the cannabis is intended for sale or distribution,
 1925  except as provided in this chapter and chapters 468 and 499.
 1926         Section 13. Section 893.145, Florida Statutes, is amended
 1927  to read:
 1928         893.145 “Drug paraphernalia” defined.—The term “drug
 1929  paraphernalia” means all equipment, products, and materials of
 1930  any kind which are used, intended for use, or designed for use
 1931  in planting, propagating, cultivating, growing, harvesting,
 1932  manufacturing, compounding, converting, producing, processing,
 1933  preparing, testing, analyzing, packaging, repackaging, storing,
 1934  containing, concealing, transporting, injecting, ingesting,
 1935  inhaling, or otherwise introducing into the human body a
 1936  controlled substance in violation of this chapter or s. 877.111.
 1937  Except as provided in this chapter and chapters 468 and 499,
 1938  drug paraphernalia is deemed to be contraband that is which
 1939  shall be subject to civil forfeiture. The term includes, but is
 1940  not limited to:
 1941         (1) Kits used, intended for use, or designed for use in the
 1942  planting, propagating, cultivating, growing, or harvesting of
 1943  any species of plant which is a controlled substance or from
 1944  which a controlled substance can be derived.
 1945         (2) Kits used, intended for use, or designed for use in
 1946  manufacturing, compounding, converting, producing, processing,
 1947  or preparing controlled substances.
 1948         (3) Isomerization devices used, intended for use, or
 1949  designed for use in increasing the potency of any species of
 1950  plant which is a controlled substance.
 1951         (4) Testing equipment used, intended for use, or designed
 1952  for use in identifying, or in analyzing the strength,
 1953  effectiveness, or purity of, controlled substances.
 1954         (5) Scales and balances used, intended for use, or designed
 1955  for use in weighing or measuring controlled substances.
 1956         (6) Diluents and adulterants, such as quinine
 1957  hydrochloride, mannitol, mannite, dextrose, and lactose, used,
 1958  intended for use, or designed for use in cutting controlled
 1959  substances.
 1960         (7) Separation gins and sifters used, intended for use, or
 1961  designed for use in removing twigs and seeds from, or in
 1962  otherwise cleaning or refining, cannabis.
 1963         (8) Blenders, bowls, containers, spoons, and mixing devices
 1964  used, intended for use, or designed for use in compounding
 1965  controlled substances.
 1966         (9) Capsules, balloons, envelopes, and other containers
 1967  used, intended for use, or designed for use in packaging small
 1968  quantities of controlled substances.
 1969         (10) Containers and other objects used, intended for use,
 1970  or designed for use in storing, concealing, or transporting
 1971  controlled substances.
 1972         (11) Hypodermic syringes, needles, and other objects used,
 1973  intended for use, or designed for use in parenterally injecting
 1974  controlled substances into the human body.
 1975         (12) Objects used, intended for use, or designed for use in
 1976  ingesting, inhaling, or otherwise introducing cannabis, cocaine,
 1977  hashish, hashish oil, or nitrous oxide into the human body, such
 1978  as:
 1979         (a) Metal, wooden, acrylic, glass, stone, plastic, or
 1980  ceramic pipes, with or without screens, permanent screens,
 1981  hashish heads, or punctured metal bowls.
 1982         (b) Water pipes.
 1983         (c) Carburetion tubes and devices.
 1984         (d) Smoking and carburetion masks.
 1985         (e) Roach clips: meaning objects used to hold burning
 1986  material, such as a cannabis cigarette, that has become too
 1987  small or too short to be held in the hand.
 1988         (f) Miniature cocaine spoons, and cocaine vials.
 1989         (g) Chamber pipes.
 1990         (h) Carburetor pipes.
 1991         (i) Electric pipes.
 1992         (j) Air-driven pipes.
 1993         (k) Chillums.
 1994         (l) Bongs.
 1995         (m) Ice pipes or chillers.
 1996         (n) A cartridge or canister, which means a small metal
 1997  device used to contain nitrous oxide.
 1998         (o) A charger, sometimes referred to as a “cracker,” which
 1999  means a small metal or plastic device that contains an interior
 2000  pin that may be used to expel nitrous oxide from a cartridge or
 2001  container.
 2002         (p) A charging bottle, which means a device that may be
 2003  used to expel nitrous oxide from a cartridge or canister.
 2004         (q) A whip-it, which means a device that may be used to
 2005  expel nitrous oxide.
 2006         (r) A tank.
 2007         (s) A balloon.
 2008         (t) A hose or tube.
 2009         (u) A 2-liter-type soda bottle.
 2010         (v) Duct tape.
 2011         Section 14. Section 893.147, Florida Statutes, is amended
 2012  to read:
 2013         893.147 Use, possession, manufacture, delivery,
 2014  transportation, advertisement, or retail sale of drug
 2015  paraphernalia.—
 2016         (1) USE OR POSSESSION OF DRUG PARAPHERNALIA.—Except as
 2017  authorized in chapters 468 and 499, a It is unlawful for any
 2018  person may not to use, or to possess with intent to use, drug
 2019  paraphernalia:
 2020         (a) To plant, propagate, cultivate, grow, harvest,
 2021  manufacture, compound, convert, produce, process, prepare, test,
 2022  analyze, pack, repack, store, contain, or conceal a controlled
 2023  substance in violation of this chapter; or
 2024         (b) To inject, ingest, inhale, or otherwise introduce into
 2025  the human body a controlled substance in violation of this
 2026  chapter.
 2027  
 2028  A Any person who violates this subsection commits is guilty of a
 2029  misdemeanor of the first degree, punishable as provided in s.
 2030  775.082 or s. 775.083.
 2031         (2) MANUFACTURE OR DELIVERY OF DRUG PARAPHERNALIA.—Except
 2032  as authorized in chapters 468 and 499, a It is unlawful for any
 2033  person may not to deliver, possess with intent to deliver, or
 2034  manufacture with intent to deliver drug paraphernalia, knowing,
 2035  or under circumstances where one reasonably should know, that it
 2036  will be used:
 2037         (a) To plant, propagate, cultivate, grow, harvest,
 2038  manufacture, compound, convert, produce, process, prepare, test,
 2039  analyze, pack, repack, store, contain, or conceal a controlled
 2040  substance in violation of this act; or
 2041         (b) To inject, ingest, inhale, or otherwise introduce into
 2042  the human body a controlled substance in violation of this act.
 2043  
 2044  A Any person who violates this subsection commits is guilty of a
 2045  felony of the third degree, punishable as provided in s.
 2046  775.082, s. 775.083, or s. 775.084.
 2047         (3) DELIVERY OF DRUG PARAPHERNALIA TO A MINOR.—
 2048         (a) Except as authorized in chapters 468 and 499, a Any
 2049  person 18 years of age or over who violates subsection (2) by
 2050  delivering drug paraphernalia to a person under 18 years of age
 2051  commits is guilty of a felony of the second degree, punishable
 2052  as provided in s. 775.082, s. 775.083, or s. 775.084.
 2053         (b) A It is unlawful for any person may not to sell or
 2054  otherwise deliver hypodermic syringes, needles, or other objects
 2055  that which may be used, are intended for use, or are designed
 2056  for use in parenterally injecting substances into the human body
 2057  to any person under 18 years of age, except that hypodermic
 2058  syringes, needles, or other such objects may be lawfully
 2059  dispensed to a person under 18 years of age by a licensed
 2060  practitioner, parent, or legal guardian, or by a pharmacist
 2061  pursuant to a valid prescription, or in accordance with the
 2062  medical use of cannabis as provided in chapters 468 and 499 for
 2063  same. A Any person who violates the provisions of this paragraph
 2064  commits is guilty of a misdemeanor of the first degree,
 2065  punishable as provided in s. 775.082 or s. 775.083.
 2066         (4) TRANSPORTATION OF DRUG PARAPHERNALIA.—Except as
 2067  authorized in chapters 468 and 499, a person may not It is
 2068  unlawful to use, possess with the intent to use, or manufacture
 2069  with the intent to use drug paraphernalia, knowing or under
 2070  circumstances in which one reasonably should know that it will
 2071  be used to transport:
 2072         (a) A controlled substance in violation of this chapter; or
 2073         (b) Contraband as defined in s. 932.701(2)(a)1.
 2074  
 2075  A Any person who violates this subsection commits a felony of
 2076  the third degree, punishable as provided in s. 775.082, s.
 2077  775.083, or s. 775.084.
 2078         (5) ADVERTISEMENT OF DRUG PARAPHERNALIA.—A person may not
 2079  It is unlawful for any person to place in any newspaper,
 2080  magazine, handbill, or other publication any advertisement,
 2081  knowing, or under circumstances where one reasonably should
 2082  know, that the purpose of the advertisement, in whole or in
 2083  part, is to promote the sale of objects designed or intended for
 2084  use as drug paraphernalia. A Any person who violates this
 2085  subsection commits is guilty of a misdemeanor of the first
 2086  degree, punishable as provided in s. 775.082 or s. 775.083.
 2087         (6) RETAIL SALE OF DRUG PARAPHERNALIA.—
 2088         (a) It is unlawful for A person may not to knowingly and
 2089  willfully sell or offer for sale at retail any drug
 2090  paraphernalia described in s. 893.145(12)(a)-(c) or (g)-(m),
 2091  other than drug paraphernalia related to the medical use of
 2092  cannabis or a pipe that is primarily made of briar, meerschaum,
 2093  clay, or corn cob.
 2094         (b) A person who violates paragraph (a) commits a
 2095  misdemeanor of the first degree, punishable as provided in s.
 2096  775.082 or s. 775.083, and, upon a second or subsequent
 2097  violation, commits a felony of the third degree, punishable as
 2098  provided in s. 775.082, s. 775.083, or s. 775.084.
 2099         Section 15. Present subsection (3) of section 921.0022,
 2100  Florida Statutes, is redesignated as subsection (4), a new
 2101  subsection (3) is added to that section, and paragraphs (a),
 2102  (b), (c), (e), (g), (h), and (i) of present subsection (3) of
 2103  that section are amended, to read:
 2104         921.0022 Criminal Punishment Code; offense severity ranking
 2105  chart.—
 2106         (3) As used in this section, the term “cannabis” does not
 2107  include any form of cannabis that is cultivated, manufactured,
 2108  possessed, and distributed in the form of cannabis in compliance
 2109  with part XVII of chapter 468 or part IV of chapter 499.
 2110         (4)(3) OFFENSE SEVERITY RANKING CHART
 2111         (a) LEVEL 1
 2112  
 2113  FloridaStatute          FelonyDegree          Description          
 2114  24.118(3)(a)                3rd     Counterfeit or altered state lottery ticket.
 2115  212.054(2)(b)               3rd     Discretionary sales surtax; limitations, administration, and collection.
 2116  212.15(2)(b)                3rd     Failure to remit sales taxes, amount greater than $300 but less than $20,000.
 2117  316.1935(1)                 3rd     Fleeing or attempting to elude law enforcement officer.
 2118  319.30(5)                   3rd     Sell, exchange, give away certificate of title or identification number plate.
 2119  319.35(1)(a)                3rd     Tamper, adjust, change, etc., an odometer.
 2120  320.26(1)(a)                3rd     Counterfeit, manufacture, or sell registration license plates or validation stickers.
 2121  322.212 (1)(a)-(c)          3rd     Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification.
 2122  322.212(4)                  3rd     Supply or aid in supplying unauthorized driver license or identification card.
 2123  322.212(5)(a)               3rd     False application for driver license or identification card.
 2124  414.39(2)                   3rd     Unauthorized use, possession, forgery, or alteration of food assistance program, Medicaid ID, value greater than $200.
 2125  414.39(3)(a)                3rd     Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
 2126  443.071(1)                  3rd     False statement or representation to obtain or increase reemployment assistance benefits.
 2127  509.151(1)                  3rd     Defraud an innkeeper, food or lodging value greater than $300.
 2128  517.302(1)                  3rd     Violation of the Florida Securities and Investor Protection Act.
 2129  562.27(1)                   3rd     Possess still or still apparatus.
 2130  713.69                      3rd     Tenant removes property upon which lien has accrued, value more than $50.
 2131  812.014(3)(c)               3rd     Petit theft (3rd conviction); theft of any property not specified in subsection (2).
 2132  812.081(2)                  3rd     Unlawfully makes or causes to be made a reproduction of a trade secret.
 2133  815.04(5)(a)                3rd     Offense against intellectual property (i.e., computer programs, data).
 2134  817.52(2)                   3rd     Hiring with intent to defraud, motor vehicle services.
 2135  817.569(2)                  3rd     Use of public record or public records information or providing false information to facilitate commission of a felony.
 2136  826.01                      3rd     Bigamy.                        
 2137  828.122(3)                  3rd     Fighting or baiting animals.   
 2138  831.04(1)                   3rd     Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
 2139  831.31(1)(a)                3rd     Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
 2140  832.041(1)                  3rd     Stopping payment with intent to defraud $150 or more.
 2141  832.05(2)(b) & (4)(c)       3rd     Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more.
 2142  838.15(2)                   3rd     Commercial bribe receiving.    
 2143  838.16                      3rd     Commercial bribery.            
 2144  843.18                      3rd     Fleeing by boat to elude a law enforcement officer.
 2145  847.011(1)(a)               3rd     Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
 2146  849.01                      3rd     Keeping gambling house.        
 2147  849.09(1)(a)-(d)            3rd     Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery.
 2148  849.23                      3rd     Gambling-related machines; “common offender” as to property rights.
 2149  849.25(2)                   3rd     Engaging in bookmaking.        
 2150  860.08                      3rd     Interfere with a railroad signal.
 2151  860.13(1)(a)                3rd     Operate aircraft while under the influence.
 2152  893.13(2)(a)2.              3rd     Purchase of cannabis, except when authorized under s. 893.03(1)(c)7. and (1)(c)37. and chapters 468 and 499.
 2153  893.13(6)(a)                3rd     Possession of cannabis (more than 20 grams) , except when authorized under s. 893.03(1)(c)7. and (1)(c)37. and chapters 468 and 499.
 2154  934.03(1)(a)                3rd     Intercepts, or procures any other person to intercept, any wire or oral communication.
 2155  
 2156  
 2157         (b) LEVEL 2
 2158  
 2159  FloridaStatute      FelonyDegree             Description             
 2160  379.2431 (1)(e)3.      3rd    Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
 2161  379.2431 (1)(e)4.      3rd    Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
 2162  403.413(6)(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.
 2163  517.07(2)              3rd    Failure to furnish a prospectus meeting requirements.
 2164  590.28(1)              3rd    Intentional burning of lands.        
 2165  784.05(3)              3rd    Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
 2166  787.04(1)              3rd    In violation of court order, take, entice, etc., minor beyond state limits.
 2167  806.13(1)(b)3.         3rd    Criminal mischief; damage $1,000 or more to public communication or any other public service.
 2168  810.061(2)             3rd    Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
 2169  810.09(2)(e)           3rd    Trespassing on posted commercial horticulture property.
 2170  812.014(2)(c)1.        3rd    Grand theft, 3rd degree; $300 or more but less than $5,000.
 2171  812.014(2)(d)          3rd    Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.
 2172  812.015(7)             3rd    Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
 2173  817.234(1)(a)2.        3rd    False statement in support of insurance claim.
 2174  817.481(3)(a)          3rd    Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
 2175  817.52(3)              3rd    Failure to redeliver hired vehicle.  
 2176  817.54                 3rd    With intent to defraud, obtain mortgage note, etc., by false representation.
 2177  817.60(5)              3rd    Dealing in credit cards of another.  
 2178  817.60(6)(a)           3rd    Forgery; purchase goods, services with false card.
 2179  817.61                 3rd    Fraudulent use of credit cards over $100 or more within 6 months.
 2180  826.04                 3rd    Knowingly marries or has sexual intercourse with person to whom related.
 2181  831.01                 3rd    Forgery.                             
 2182  831.02                 3rd    Uttering forged instrument; utters or publishes alteration with intent to defraud.
 2183  831.07                 3rd    Forging bank bills, checks, drafts, or promissory notes.
 2184  831.08                 3rd    Possessing 10 or more forged notes, bills, checks, or drafts.
 2185  831.09                 3rd    Uttering forged notes, bills, checks, drafts, or promissory notes.
 2186  831.11                 3rd    Bringing into the state forged bank bills, checks, drafts, or notes.
 2187  832.05(3)(a)           3rd    Cashing or depositing item with intent to defraud.
 2188  843.08                 3rd    False personation.                   
 2189  893.13(2)(a)2.         3rd    Purchase of any drugs 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) drugs other than cannabis.
 2190  893.147(2)             3rd    Manufacture or delivery of drug paraphernalia, except when authorized under chapters 468 and 499.
 2191  
 2192  
 2193         (c) LEVEL 3
 2194  
 2195  FloridaStatute      FelonyDegree             Description             
 2196  119.10(2)(b)           3rd    Unlawful use of confidential information from police reports.
 2197  316.066 (3)(b)-(d)     3rd    Unlawfully obtaining or using confidential crash reports.
 2198  316.193(2)(b)          3rd    Felony DUI, 3rd conviction.          
 2199  316.1935(2)            3rd    Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
 2200  319.30(4)              3rd    Possession by junkyard of motor vehicle with identification number plate removed.
 2201  319.33(1)(a)           3rd    Alter or forge any certificate of title to a motor vehicle or mobile home.
 2202  319.33(1)(c)           3rd    Procure or pass title on stolen vehicle.
 2203  319.33(4)              3rd    With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
 2204  327.35(2)(b)           3rd    Felony BUI.                          
 2205  328.05(2)              3rd    Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
 2206  328.07(4)              3rd    Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
 2207  376.302(5)             3rd    Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
 2208  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.
 2209  379.2431 (1)(e)6.      3rd    Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
 2210  400.9935(4)(a) or (b)   3rd    Operating a clinic, or offering services requiring licensure, without a license.
 2211  400.9935(4)(e)         3rd    Filing a false license application or other required information or failing to report information.
 2212  440.1051(3)            3rd    False report of workers’ compensation fraud or retaliation for making such a report.
 2213  501.001(2)(b)          2nd    Tampers with a consumer product or the container using materially false/misleading information.
 2214  624.401(4)(a)          3rd    Transacting insurance without a certificate of authority.
 2215  624.401(4)(b)1.        3rd    Transacting insurance without a certificate of authority; premium collected less than $20,000.
 2216  626.902(1)(a) & (b)    3rd    Representing an unauthorized insurer.
 2217  697.08                 3rd    Equity skimming.                     
 2218  790.15(3)              3rd    Person directs another to discharge firearm from a vehicle.
 2219  806.10(1)              3rd    Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
 2220  806.10(2)              3rd    Interferes with or assaults firefighter in performance of duty.
 2221  810.09(2)(c)           3rd    Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
 2222  812.014(2)(c)2.        3rd    Grand theft; $5,000 or more but less than $10,000.
 2223  812.0145(2)(c)         3rd    Theft from person 65 years of age or older; $300 or more but less than $10,000.
 2224  815.04(5)(b)           2nd    Computer offense devised to defraud or obtain property.
 2225  817.034(4)(a)3.        3rd    Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
 2226  817.233                3rd    Burning to defraud insurer.          
 2227  817.234 (8)(b) & (c)   3rd    Unlawful solicitation of persons involved in motor vehicle accidents.
 2228  817.234(11)(a)         3rd    Insurance fraud; property value less than $20,000.
 2229  817.236                3rd    Filing a false motor vehicle insurance application.
 2230  817.2361               3rd    Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
 2231  817.413(2)             3rd    Sale of used goods as new.           
 2232  817.505(4)             3rd    Patient brokering.                   
 2233  828.12(2)              3rd    Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
 2234  831.28(2)(a)           3rd    Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
 2235  831.29                 2nd    Possession of instruments for counterfeiting driver licenses or identification cards.
 2236  838.021(3)(b)          3rd    Threatens unlawful harm to public servant.
 2237  843.19                 3rd    Injure, disable, or kill police dog or horse.
 2238  860.15(3)              3rd    Overcharging for repairs and parts.  
 2239  870.01(2)              3rd    Riot; inciting or encouraging.       
 2240  893.13(1)(a)2.         3rd    Sell, manufacture, or deliver cannabis, except when authorized under s. 893.03(1)(c)7. and (1)(c)37. and chapters 468 and 499, (or other drugs 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) drugs).
 2241  893.13(1)(d)2.         2nd    Sell, manufacture, or deliver drugs 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), except when authorized under s. 893.03(1)(c)7. and (1)(c) 37. and chapters 468 and 499, drugs within 1,000 feet of university.
 2242  893.13(1)(f)2.         2nd    Sell, manufacture, or deliver drugs 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), except when authorized under s. 893.03(1)(c)7. and (1)(c) 37. and chapters 468 and 499, drugs within 1,000 feet of public housing facility.
 2243  893.13(6)(a)           3rd    Possession of any controlled substance other than felony possession of cannabis and possession of cannabis, except when authorized under s. 893.03(1)(c)7. and (1)(c)37. and chapters 468 and 499.
 2244  893.13(7)(a)8.         3rd    Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
 2245  893.13(7)(a)9.         3rd    Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
 2246  893.13(7)(a)10.        3rd    Affix false or forged label to package of controlled substance.
 2247  893.13(7)(a)11.        3rd    Furnish false or fraudulent material information on any document or record required by chapter 893.
 2248  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.
 2249  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.
 2250  893.13(8)(a)3.         3rd    Knowingly write a prescription for a controlled substance for a fictitious person.
 2251  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.
 2252  918.13(1)(a)           3rd    Alter, destroy, or conceal investigation evidence.
 2253  944.47 (1)(a)1. & 2.   3rd    Introduce contraband to correctional facility.
 2254  944.47(1)(c)           2nd    Possess contraband while upon the grounds of a correctional institution.
 2255  985.721                3rd    Escapes from a juvenile facility (secure detention or residential commitment facility).
 2256  
 2257  
 2258         (d) LEVEL 4
 2259  
 2260  FloridaStatute      FelonyDegree             Description             
 2261  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.
 2262  499.0051(1)            3rd    Failure to maintain or deliver pedigree papers.
 2263  499.0051(2)            3rd    Failure to authenticate pedigree papers.
 2264  499.0051(6)            2nd    Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
 2265  517.07(1)              3rd    Failure to register securities.      
 2266  517.12(1)              3rd    Failure of dealer, associated person, or issuer of securities to register.
 2267  784.07(2)(b)           3rd    Battery of law enforcement officer, firefighter, etc.
 2268  784.074(1)(c)          3rd    Battery of sexually violent predators facility staff.
 2269  784.075                3rd    Battery on detention or commitment facility staff.
 2270  784.078                3rd    Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
 2271  784.08(2)(c)           3rd    Battery on a person 65 years of age or older.
 2272  784.081(3)             3rd    Battery on specified official or employee.
 2273  784.082(3)             3rd    Battery by detained person on visitor or other detainee.
 2274  784.083(3)             3rd    Battery on code inspector.           
 2275  784.085                3rd    Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
 2276  787.03(1)              3rd    Interference with custody; wrongly takes minor from appointed guardian.
 2277  787.04(2)              3rd    Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
 2278  787.04(3)              3rd    Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
 2279  787.07                 3rd    Human smuggling.                     
 2280  790.115(1)             3rd    Exhibiting firearm or weapon within 1,000 feet of a school.
 2281  790.115(2)(b)          3rd    Possessing electric weapon or device, destructive device, or other weapon on school property.
 2282  790.115(2)(c)          3rd    Possessing firearm on school property.
 2283  800.04(7)(c)           3rd    Lewd or lascivious exhibition; offender less than 18 years.
 2284  810.02(4)(a)           3rd    Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
 2285  810.02(4)(b)           3rd    Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
 2286  810.06                 3rd    Burglary; possession of tools.       
 2287  810.08(2)(c)           3rd    Trespass on property, armed with firearm or dangerous weapon.
 2288  812.014(2)(c)3.        3rd    Grand theft, 3rd degree $10,000 or more but less than $20,000.
 2289  812.014 (2)(c)4.-10.   3rd    Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
 2290  812.0195(2)            3rd    Dealing in stolen property by use of the Internet; property stolen $300 or more.
 2291  817.563(1)             3rd    Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
 2292  817.568(2)(a)          3rd    Fraudulent use of personal identification information.
 2293  817.625(2)(a)          3rd    Fraudulent use of scanning device or reencoder.
 2294  828.125(1)             2nd    Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
 2295  837.02(1)              3rd    Perjury in official proceedings.     
 2296  837.021(1)             3rd    Make contradictory statements in official proceedings.
 2297  838.022                3rd    Official misconduct.                 
 2298  839.13(2)(a)           3rd    Falsifying records of an individual in the care and custody of a state agency.
 2299  839.13(2)(c)           3rd    Falsifying records of the Department of Children and Families.
 2300  843.021                3rd    Possession of a concealed handcuff key by a person in custody.
 2301  843.025                3rd    Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
 2302  843.15(1)(a)           3rd    Failure to appear while on bail for felony (bond estreature or bond jumping).
 2303  847.0135(5)(c)         3rd    Lewd or lascivious exhibition using computer; offender less than 18 years.
 2304  874.05(1)(a)           3rd    Encouraging or recruiting another to join a criminal gang.
 2305  893.13(2)(a)1.         2nd    Purchase of cocaine (or other drugs under s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs).
 2306  914.14(2)              3rd    Witnesses accepting bribes.          
 2307  914.22(1)              3rd    Force, threaten, etc., witness, victim, or informant.
 2308  914.23(2)              3rd    Retaliation against a witness, victim, or informant, no bodily injury.
 2309  918.12                 3rd    Tampering with jurors.               
 2310  934.215                3rd    Use of two-way communications device to facilitate commission of a crime.
 2311  
 2312  
 2313         (e) LEVEL 5
 2314  
 2315  FloridaStatute      FelonyDegree             Description             
 2316  316.027(2)(a)          3rd    Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
 2317  316.1935(4)(a)         2nd    Aggravated fleeing or eluding.       
 2318  322.34(6)              3rd    Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
 2319  327.30(5)              3rd    Vessel accidents involving personal injury; leaving scene.
 2320  379.367(4)             3rd    Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
 2321  379.3671 (2)(c)3.      3rd    Willful molestation, possession, or removal of a commercial harvester’s trap contents or trap gear by another harvester.
 2322  381.0041(11)(b)        3rd    Donate blood, plasma, or organs knowing HIV positive.
 2323  440.10(1)(g)           2nd    Failure to obtain workers’ compensation coverage.
 2324  440.105(5)             2nd    Unlawful solicitation for the purpose of making workers’ compensation claims.
 2325  440.381(2)             2nd    Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
 2326  624.401(4)(b)2.        2nd    Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
 2327  626.902(1)(c)          2nd    Representing an unauthorized insurer; repeat offender.
 2328  790.01(2)              3rd    Carrying a concealed firearm.        
 2329  790.162                2nd    Threat to throw or discharge destructive device.
 2330  790.163(1)             2nd    False report of deadly explosive or weapon of mass destruction.
 2331  790.221(1)             2nd    Possession of short-barreled shotgun or machine gun.
 2332  790.23                 2nd    Felons in possession of firearms, ammunition, or electronic weapons or devices.
 2333  796.05(1)              2nd    Live on earnings of a prostitute; 1st offense.
 2334  800.04(6)(c)           3rd    Lewd or lascivious conduct; offender less than 18 years of age.
 2335  800.04(7)(b)           2nd    Lewd or lascivious exhibition; offender 18 years of age or older.
 2336  806.111(1)             3rd    Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
 2337  812.0145(2)(b)         2nd    Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
 2338  812.015(8)             3rd    Retail theft; property stolen is valued at $300 or more and one or more specified acts.
 2339  812.019(1)             2nd    Stolen property; dealing in or trafficking in.
 2340  812.131(2)(b)          3rd    Robbery by sudden snatching.         
 2341  812.16(2)              3rd    Owning, operating, or conducting a chop shop.
 2342  817.034(4)(a)2.        2nd    Communications fraud, value $20,000 to $50,000.
 2343  817.234(11)(b)         2nd    Insurance fraud; property value $20,000 or more but less than $100,000.
 2344  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.
 2345  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 persons.
 2346  817.625(2)(b)          2nd    Second or subsequent fraudulent use of scanning device or reencoder.
 2347  825.1025(4)            3rd    Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
 2348  827.071(4)             2nd    Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
 2349  827.071(5)             3rd    Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
 2350  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.
 2351  843.01                 3rd    Resist officer with violence to person; resist arrest with violence.
 2352  847.0135(5)(b)         2nd    Lewd or lascivious exhibition using computer; offender 18 years or older.
 2353  847.0137 (2) & (3)     3rd    Transmission of pornography by electronic device or equipment.
 2354  847.0138 (2) & (3)     3rd    Transmission of material harmful to minors to a minor by electronic device or equipment.
 2355  874.05(1)(b)           2nd    Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
 2356  874.05(2)(a)           2nd    Encouraging or recruiting person under 13 years of age to join a criminal gang.
 2357  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).
 2358  893.13(1)(c)2.         2nd    Sell, manufacture, or deliver cannabis, except when authorized under s. 893.03(1)(c)7. and (1)(c)37. and chapters 468 and 499, or other drugs under (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.
 2359  893.13(1)(d)1.         1st    Sell, manufacture, or deliver cocaine (or other drugs under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university.
 2360  893.13(1)(e)2.         2nd    Sell, manufacture, or deliver cannabis, except when authorized under s. 893.03(1)(c)7. and (1)(c)37. and chapters 468 and 499, 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.
 2361  893.13(1)(f)1.         1st    Sell, manufacture, or deliver cocaine (or other drugs under 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.
 2362  893.13(4)(b)           2nd    Deliver to minor cannabis (or other drugs 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) drugs).
 2363  893.1351(1)            3rd    Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
 2364  
 2365  
 2366         (f) LEVEL 6
 2367  
 2368  FloridaStatute      FelonyDegree             Description             
 2369  316.027(2)(b)          2nd    Leaving the scene of a crash involving serious bodily injury.
 2370  316.193(2)(b)          3rd    Felony DUI, 4th or subsequent conviction.
 2371  400.9935(4)(c)         2nd    Operating a clinic, or offering services requiring licensure, without a license.
 2372  499.0051(3)            2nd    Knowing forgery of pedigree papers.  
 2373  499.0051(4)            2nd    Knowing purchase or receipt of prescription drug from unauthorized person.
 2374  499.0051(5)            2nd    Knowing sale or transfer of prescription drug to unauthorized person.
 2375  775.0875(1)            3rd    Taking firearm from law enforcement officer.
 2376  784.021(1)(a)          3rd    Aggravated assault; deadly weapon without intent to kill.
 2377  784.021(1)(b)          3rd    Aggravated assault; intent to commit felony.
 2378  784.041                3rd    Felony battery; domestic battery by strangulation.
 2379  784.048(3)             3rd    Aggravated stalking; credible threat.
 2380  784.048(5)             3rd    Aggravated stalking of person under 16.
 2381  784.07(2)(c)           2nd    Aggravated assault on law enforcement officer.
 2382  784.074(1)(b)          2nd    Aggravated assault on sexually violent predators facility staff.
 2383  784.08(2)(b)           2nd    Aggravated assault on a person 65 years of age or older.
 2384  784.081(2)             2nd    Aggravated assault on specified official or employee.
 2385  784.082(2)             2nd    Aggravated assault by detained person on visitor or other detainee.
 2386  784.083(2)             2nd    Aggravated assault on code inspector.
 2387  787.02(2)              3rd    False imprisonment; restraining with purpose other than those in s. 787.01.
 2388  790.115(2)(d)          2nd    Discharging firearm or weapon on school property.
 2389  790.161(2)             2nd    Make, possess, or throw destructive device with intent to do bodily harm or damage property.
 2390  790.164(1)             2nd    False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
 2391  790.19                 2nd    Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
 2392  794.011(8)(a)          3rd    Solicitation of minor to participate in sexual activity by custodial adult.
 2393  794.05(1)              2nd    Unlawful sexual activity with specified minor.
 2394  800.04(5)(d)           3rd    Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years of age; offender less than 18 years.
 2395  800.04(6)(b)           2nd    Lewd or lascivious conduct; offender 18 years of age or older.
 2396  806.031(2)             2nd    Arson resulting in great bodily harm to firefighter or any other person.
 2397  810.02(3)(c)           2nd    Burglary of occupied structure; unarmed; no assault or battery.
 2398  810.145(8)(b)          2nd    Video voyeurism; certain minor victims; 2nd or subsequent offense.
 2399  812.014(2)(b)1.        2nd    Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
 2400  812.014(6)             2nd    Theft; property stolen $3,000 or more; coordination of others.
 2401  812.015(9)(a)          2nd    Retail theft; property stolen $300 or more; second or subsequent conviction.
 2402  812.015(9)(b)          2nd    Retail theft; property stolen $3,000 or more; coordination of others.
 2403  812.13(2)(c)           2nd    Robbery, no firearm or other weapon (strong-arm robbery).
 2404  817.4821(5)            2nd    Possess cloning paraphernalia with intent to create cloned cellular telephones.
 2405  825.102(1)             3rd    Abuse of an elderly person or disabled adult.
 2406  825.102(3)(c)          3rd    Neglect of an elderly person or disabled adult.
 2407  825.1025(3)            3rd    Lewd or lascivious molestation of an elderly person or disabled adult.
 2408  825.103(3)(c)          3rd    Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
 2409  827.03(2)(c)           3rd    Abuse of a child.                    
 2410  827.03(2)(d)           3rd    Neglect of a child.                  
 2411  827.071(2) & (3)       2nd    Use or induce a child in a sexual performance, or promote or direct such performance.
 2412  836.05                 2nd    Threats; extortion.                  
 2413  836.10                 2nd    Written threats to kill or do bodily injury.
 2414  843.12                 3rd    Aids or assists person to escape.    
 2415  847.011                3rd    Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
 2416  847.012                3rd    Knowingly using a minor in the production of materials harmful to minors.
 2417  847.0135(2)            3rd    Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
 2418  914.23                 2nd    Retaliation against a witness, victim, or informant, with bodily injury.
 2419  944.35(3)(a)2.         3rd    Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
 2420  944.40                 2nd    Escapes.                             
 2421  944.46                 3rd    Harboring, concealing, aiding escaped prisoners.
 2422  944.47(1)(a)5.         2nd    Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
 2423  951.22(1)              3rd    Intoxicating drug, firearm, or weapon introduced into county facility.
 2424  
 2425  
 2426         (g) LEVEL 7
 2427  
 2428  FloridaStatute      FelonyDegree             Description             
 2429  316.027(2)(c)          1st    Accident involving death, failure to stop; leaving scene.
 2430  316.193(3)(c)2.        3rd    DUI resulting in serious bodily injury.
 2431  316.1935(3)(b)         1st    Causing serious bodily injury or death to another person; 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.
 2432  327.35(3)(c)2.         3rd    Vessel BUI resulting in serious bodily injury.
 2433  402.319(2)             2nd    Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
 2434  409.920 (2)(b)1.a.     3rd    Medicaid provider fraud; $10,000 or less.
 2435  409.920 (2)(b)1.b.     2nd    Medicaid provider fraud; more than $10,000, but less than $50,000.
 2436  456.065(2)             3rd    Practicing a health care profession without a license.
 2437  456.065(2)             2nd    Practicing a health care profession without a license which results in serious bodily injury.
 2438  458.327(1)             3rd    Practicing medicine without a license.
 2439  459.013(1)             3rd    Practicing osteopathic medicine without a license.
 2440  460.411(1)             3rd    Practicing chiropractic medicine without a license.
 2441  461.012(1)             3rd    Practicing podiatric medicine without a license.
 2442  462.17                 3rd    Practicing naturopathy without a license.
 2443  463.015(1)             3rd    Practicing optometry without a license.
 2444  464.016(1)             3rd    Practicing nursing without a license.
 2445  465.015(2)             3rd    Practicing pharmacy without a license.
 2446  466.026(1)             3rd    Practicing dentistry or dental hygiene without a license.
 2447  467.201                3rd    Practicing midwifery without a license.
 2448  468.366                3rd    Delivering respiratory care services without a license.
 2449  483.828(1)             3rd    Practicing as clinical laboratory personnel without a license.
 2450  483.901(9)             3rd    Practicing medical physics without a license.
 2451  484.013(1)(c)          3rd    Preparing or dispensing optical devices without a prescription.
 2452  484.053                3rd    Dispensing hearing aids without a license.
 2453  494.0018(2)            1st    Conviction of any violation of chapter 494 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
 2454  560.123(8)(b)1.        3rd    Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
 2455  560.125(5)(a)          3rd    Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
 2456  655.50(10)(b)1.        3rd    Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
 2457  775.21(10)(a)          3rd    Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
 2458  775.21(10)(b)          3rd    Sexual predator working where children regularly congregate.
 2459  775.21(10)(g)          3rd    Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
 2460  782.051(3)             2nd    Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
 2461  782.07(1)              2nd    Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
 2462  782.071                2nd    Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
 2463  782.072                2nd    Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
 2464  784.045(1)(a)1.        2nd    Aggravated battery; intentionally causing great bodily harm or disfigurement.
 2465  784.045(1)(a)2.        2nd    Aggravated battery; using deadly weapon.
 2466  784.045(1)(b)          2nd    Aggravated battery; perpetrator aware victim pregnant.
 2467  784.048(4)             3rd    Aggravated stalking; violation of injunction or court order.
 2468  784.048(7)             3rd    Aggravated stalking; violation of court order.
 2469  784.07(2)(d)           1st    Aggravated battery on law enforcement officer.
 2470  784.074(1)(a)          1st    Aggravated battery on sexually violent predators facility staff.
 2471  784.08(2)(a)           1st    Aggravated battery on a person 65 years of age or older.
 2472  784.081(1)             1st    Aggravated battery on specified official or employee.
 2473  784.082(1)             1st    Aggravated battery by detained person on visitor or other detainee.
 2474  784.083(1)             1st    Aggravated battery on code inspector.
 2475  787.06(3)(a)2.         1st    Human trafficking using coercion for labor and services of an adult.
 2476  787.06(3)(e)2.         1st    Human trafficking using coercion for labor and services by the transfer or transport of an adult from outside Florida to within the state.
 2477  790.07(4)              1st    Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
 2478  790.16(1)              1st    Discharge of a machine gun under specified circumstances.
 2479  790.165(2)             2nd    Manufacture, sell, possess, or deliver hoax bomb.
 2480  790.165(3)             2nd    Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
 2481  790.166(3)             2nd    Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
 2482  790.166(4)             2nd    Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
 2483  790.23               1st,PBL  Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
 2484  794.08(4)              3rd    Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
 2485  796.05(1)              1st    Live on earnings of a prostitute; 2nd offense.
 2486  796.05(1)              1st    Live on earnings of a prostitute; 3rd and subsequent offense.
 2487  800.04(5)(c)1.         2nd    Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
 2488  800.04(5)(c)2.         2nd    Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years of age; offender 18 years of age or older.
 2489  800.04(5)(e)           1st    Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years; offender 18 years or older; prior conviction for specified sex offense.
 2490  806.01(2)              2nd    Maliciously damage structure by fire or explosive.
 2491  810.02(3)(a)           2nd    Burglary of occupied dwelling; unarmed; no assault or battery.
 2492  810.02(3)(b)           2nd    Burglary of unoccupied dwelling; unarmed; no assault or battery.
 2493  810.02(3)(d)           2nd    Burglary of occupied conveyance; unarmed; no assault or battery.
 2494  810.02(3)(e)           2nd    Burglary of authorized emergency vehicle.
 2495  812.014(2)(a)1.        1st    Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
 2496  812.014(2)(b)2.        2nd    Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
 2497  812.014(2)(b)3.        2nd    Property stolen, emergency medical equipment; 2nd degree grand theft.
 2498  812.014(2)(b)4.        2nd    Property stolen, law enforcement equipment from authorized emergency vehicle.
 2499  812.0145(2)(a)         1st    Theft from person 65 years of age or older; $50,000 or more.
 2500  812.019(2)             1st    Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
 2501  812.131(2)(a)          2nd    Robbery by sudden snatching.         
 2502  812.133(2)(b)          1st    Carjacking; no firearm, deadly weapon, or other weapon.
 2503  817.034(4)(a)1.        1st    Communications fraud, value greater than $50,000.
 2504  817.234(8)(a)          2nd    Solicitation of motor vehicle accident victims with intent to defraud.
 2505  817.234(9)             2nd    Organizing, planning, or participating in an intentional motor vehicle collision.
 2506  817.234(11)(c)         1st    Insurance fraud; property value $100,000 or more.
 2507  817.2341 (2)(b) & (3)(b)   1st    Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
 2508  817.535(2)(a)          3rd    Filing false lien or other unauthorized document.
 2509  825.102(3)(b)          2nd    Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
 2510  825.103(3)(b)          2nd    Exploiting an elderly person or disabled adult and property is valued at $10,000 or more, but less than $50,000.
 2511  827.03(2)(b)           2nd    Neglect of a child causing great bodily harm, disability, or disfigurement.
 2512  827.04(3)              3rd    Impregnation of a child under 16 years of age by person 21 years of age or older.
 2513  837.05(2)              3rd    Giving false information about alleged capital felony to a law enforcement officer.
 2514  838.015                2nd    Bribery.                             
 2515  838.016                2nd    Unlawful compensation or reward for official behavior.
 2516  838.021(3)(a)          2nd    Unlawful harm to a public servant.   
 2517  838.22                 2nd    Bid tampering.                       
 2518  843.0855(2)            3rd    Impersonation of a public officer or employee.
 2519  843.0855(3)            3rd    Unlawful simulation of legal process.
 2520  843.0855(4)            3rd    Intimidation of a public officer or employee.
 2521  847.0135(3)            3rd    Solicitation of a child, via a computer service, to commit an unlawful sex act.
 2522  847.0135(4)            2nd    Traveling to meet a minor to commit an unlawful sex act.
 2523  872.06                 2nd    Abuse of a dead human body.          
 2524  874.05(2)(b)           1st    Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
 2525  874.10               1st,PBL  Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
 2526  893.13(1)(c)1.         1st    Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
 2527  893.13(1)(e)1.         1st    Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
 2528  893.13(4)(a)           1st    Deliver to minor cocaine (or other drugs under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
 2529  893.135(1)(a)1.        1st    Trafficking in cannabis, except when authorized under s. 893.03(1)(c)7. and (1)(c)37. and chapters 468 and 499, more than 25 lbs., less than 2,000 lbs.
 2530  893.135 (1)(b)1.a.     1st    Trafficking in cocaine, more than 28 grams, less than 200 grams.
 2531  893.135 (1)(c)1.a.     1st    Trafficking in illegal drugs, more than 4 grams, less than 14 grams, excluding cannabis and tetrahydrocannabinols when excepted under s. 893.03(1)(c)7. and (1)(c)37. and chapters 468 and 499.
 2532  893.135 (1)(c)2.a.     1st    Trafficking in hydrocodone, 14 grams or more, less than 28 grams.
 2533  893.135 (1)(c)2.b.     1st    Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
 2534  893.135 (1)(c)3.a.     1st    Trafficking in oxycodone, 7 grams or more, less than 14 grams.
 2535  893.135 (1)(c)3.b.     1st    Trafficking in oxycodone, 14 grams or more, less than 25 grams.
 2536  893.135(1)(d)1.        1st    Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
 2537  893.135(1)(e)1.        1st    Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
 2538  893.135(1)(f)1.        1st    Trafficking in amphetamine, more than 14 grams, less than 28 grams.
 2539  893.135 (1)(g)1.a.     1st    Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
 2540  893.135 (1)(h)1.a.     1st    Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
 2541  893.135 (1)(j)1.a.     1st    Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
 2542  893.135 (1)(k)2.a.     1st    Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
 2543  893.1351(2)            2nd    Possession of place for trafficking in or manufacturing of controlled substance.
 2544  896.101(5)(a)          3rd    Money laundering, financial transactions exceeding $300 but less than $20,000.
 2545  896.104(4)(a)1.        3rd    Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
 2546  943.0435(4)(c)         2nd    Sexual offender vacating permanent residence; failure to comply with reporting requirements.
 2547  943.0435(8)            2nd    Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
 2548  943.0435(9)(a)         3rd    Sexual offender; failure to comply with reporting requirements.
 2549  943.0435(13)           3rd    Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 2550  943.0435(14)           3rd    Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 2551  944.607(9)             3rd    Sexual offender; failure to comply with reporting requirements.
 2552  944.607(10)(a)         3rd    Sexual offender; failure to submit to the taking of a digitized photograph.
 2553  944.607(12)            3rd    Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 2554  944.607(13)            3rd    Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 2555  985.4815(10)           3rd    Sexual offender; failure to submit to the taking of a digitized photograph.
 2556  985.4815(12)           3rd    Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 2557  985.4815(13)           3rd    Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 2558  
 2559  
 2560         (h) LEVEL 8
 2561  
 2562  FloridaStatute      FelonyDegree             Description             
 2563  316.193 (3)(c)3.a.     2nd    DUI manslaughter.                    
 2564  316.1935(4)(b)         1st    Aggravated fleeing or attempted eluding with serious bodily injury or death.
 2565  327.35(3)(c)3.         2nd    Vessel BUI manslaughter.             
 2566  499.0051(7)            1st    Knowing trafficking in contraband prescription drugs.
 2567  499.0051(8)            1st    Knowing forgery of prescription labels or prescription drug labels.
 2568  560.123(8)(b)2.        2nd    Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
 2569  560.125(5)(b)          2nd    Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
 2570  655.50(10)(b)2.        2nd    Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
 2571  777.03(2)(a)           1st    Accessory after the fact, capital felony.
 2572  782.04(4)              2nd    Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aggravated fleeing or eluding with serious bodily injury or death, aircraft piracy, or unlawfully discharging bomb.
 2573  782.051(2)             1st    Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
 2574  782.071(1)(b)          1st    Committing vehicular homicide and failing to render aid or give information.
 2575  782.072(2)             1st    Committing vessel homicide and failing to render aid or give information.
 2576  787.06(3)(a)1.         1st    Human trafficking for labor and services of a child.
 2577  787.06(3)(b)           1st    Human trafficking using coercion for commercial sexual activity of an adult.
 2578  787.06(3)(c)2.         1st    Human trafficking using coercion for labor and services of an unauthorized alien adult.
 2579  787.06(3)(e)1.         1st    Human trafficking for labor and services by the transfer or transport of a child from outside Florida to within the state.
 2580  787.06(3)(f)2.         1st    Human trafficking using coercion for commercial sexual activity by the transfer or transport of any adult from outside Florida to within the state.
 2581  790.161(3)             1st    Discharging a destructive device which results in bodily harm or property damage.
 2582  794.011(5)(a)          1st    Sexual battery; victim 12 years of age or older but younger than 18 years; offender 18 years or older; offender does not use physical force likely to cause serious injury.
 2583  794.011(5)(b)          2nd    Sexual battery; victim and offender 18 years of age or older; offender does not use physical force likely to cause serious injury.
 2584  794.011(5)(c)          2nd    Sexual battery; victim 12 years of age or older; offender younger than 18 years; offender does not use physical force likely to cause injury.
 2585  794.011(5)(d)          1st    Sexual battery; victim 12 years of age or older; offender does not use physical force likely to cause serious injury; prior conviction for specified sex offense.
 2586  794.08(3)              2nd    Female genital mutilation, removal of a victim younger than 18 years of age from this state.
 2587  800.04(4)(b)           2nd    Lewd or lascivious battery.          
 2588  800.04(4)(c)           1st    Lewd or lascivious battery; offender 18 years of age or older; prior conviction for specified sex offense.
 2589  806.01(1)              1st    Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
 2590  810.02(2)(a)         1st,PBL  Burglary with assault or battery.    
 2591  810.02(2)(b)         1st,PBL  Burglary; armed with explosives or dangerous weapon.
 2592  810.02(2)(c)           1st    Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
 2593  812.014(2)(a)2.        1st    Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
 2594  812.13(2)(b)           1st    Robbery with a weapon.               
 2595  812.135(2)(c)          1st    Home-invasion robbery, no firearm, deadly weapon, or other weapon.
 2596  817.535(2)(b)          2nd    Filing false lien or other unauthorized document; second or subsequent offense.
 2597  817.535(3)(a)          2nd    Filing false lien or other unauthorized document; property owner is a public officer or employee.
 2598  817.535(4)(a)1.        2nd    Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
 2599  817.535(5)(a)          2nd    Filing false lien or other unauthorized document; owner of the property incurs financial loss as a result of the false instrument.
 2600  817.568(6)             2nd    Fraudulent use of personal identification information of an individual under the age of 18.
 2601  825.102(2)             1st    Aggravated abuse of an elderly person or disabled adult.
 2602  825.1025(2)            2nd    Lewd or lascivious battery upon an elderly person or disabled adult.
 2603  825.103(3)(a)          1st    Exploiting an elderly person or disabled adult and property is valued at $50,000 or more.
 2604  837.02(2)              2nd    Perjury in official proceedings relating to prosecution of a capital felony.
 2605  837.021(2)             2nd    Making contradictory statements in official proceedings relating to prosecution of a capital felony.
 2606  860.121(2)(c)          1st    Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
 2607  860.16                 1st    Aircraft piracy.                     
 2608  893.13(1)(b)           1st    Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
 2609  893.13(2)(b)           1st    Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
 2610  893.13(6)(c)           1st    Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
 2611  893.135(1)(a)2.        1st    Trafficking in cannabis, except when authorized under s. 893.03(1)(c)7. and (1)(c)37. and chapters 468 and 499, more than 2,000 lbs., less than 10,000 lbs.
 2612  893.135 (1)(b)1.b.     1st    Trafficking in cocaine, more than 200 grams, less than 400 grams.
 2613  893.135 (1)(c)1.b.     1st    Trafficking in illegal drugs, more than 14 grams, less than 28 grams, excluding cannabis and tetrahydrocannabinols, when excepted under s. 893.03(1)(c)7. and (1)(c)37. and chapters 468 and 499.
 2614  893.135 (1)(c)2.c.     1st    Trafficking in hydrocodone, 50 grams or more, less than 200 grams.
 2615  893.135 (1)(c)3.c.     1st    Trafficking in oxycodone, 25 grams or more, less than 100 grams.
 2616  893.135 (1)(d)1.b.     1st    Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
 2617  893.135 (1)(e)1.b.     1st    Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
 2618  893.135 (1)(f)1.b.     1st    Trafficking in amphetamine, more than 28 grams, less than 200 grams.
 2619  893.135 (1)(g)1.b.     1st    Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
 2620  893.135 (1)(h)1.b.     1st    Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
 2621  893.135 (1)(j)1.b.     1st    Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
 2622  893.135 (1)(k)2.b.     1st    Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
 2623  893.1351(3)            1st    Possession of a place used to manufacture controlled substance when minor is present or resides there, excluding cannabis and tetrahydrocannabinols, when excepted under s. 893.03(1)(c)7. and (1)(c)37. and chapters 468 and 499.
 2624  895.03(1)              1st    Use or invest proceeds derived from pattern of racketeering activity.
 2625  895.03(2)              1st    Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
 2626  895.03(3)              1st    Conduct or participate in any enterprise through pattern of racketeering activity.
 2627  896.101(5)(b)          2nd    Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
 2628  896.104(4)(a)2.        2nd    Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
 2629  
 2630  
 2631         (i) LEVEL 9
 2632  
 2633  FloridaStatute      FelonyDegree             Description             
 2634  316.193 (3)(c)3.b.     1st    DUI manslaughter; failing to render aid or give information.
 2635  327.35 (3)(c)3.b.      1st    BUI manslaughter; failing to render aid or give information.
 2636  409.920 (2)(b)1.c.     1st    Medicaid provider fraud; $50,000 or more.
 2637  499.0051(9)            1st    Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
 2638  560.123(8)(b)3.        1st    Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
 2639  560.125(5)(c)          1st    Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
 2640  655.50(10)(b)3.        1st    Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
 2641  775.0844               1st    Aggravated white collar crime.       
 2642  782.04(1)              1st    Attempt, conspire, or solicit to commit premeditated murder.
 2643  782.04(3)            1st,PBL  Accomplice to murder in connection with arson, sexual battery, robbery, burglary, aggravated fleeing or eluding with serious bodily injury or death, and other specified felonies.
 2644  782.051(1)             1st    Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
 2645  782.07(2)              1st    Aggravated manslaughter of an elderly person or disabled adult.
 2646  787.01(1)(a)1.       1st,PBL  Kidnapping; hold for ransom or reward or as a shield or hostage.
 2647  787.01(1)(a)2.       1st,PBL  Kidnapping with intent to commit or facilitate commission of any felony.
 2648  787.01(1)(a)4.       1st,PBL  Kidnapping with intent to interfere with performance of any governmental or political function.
 2649  787.02(3)(a)         1st,PBL  False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
 2650  787.06(3)(c)1.         1st    Human trafficking for labor and services of an unauthorized alien child.
 2651  787.06(3)(d)           1st    Human trafficking using coercion for commercial sexual activity of an unauthorized adult alien.
 2652  787.06(3)(f)1.       1st,PBL  Human trafficking for commercial sexual activity by the transfer or transport of any child from outside Florida to within the state.
 2653  790.161                1st    Attempted capital destructive device offense.
 2654  790.166(2)           1st,PBL  Possessing, selling, using, or attempting to use a weapon of mass destruction.
 2655  794.011(2)             1st    Attempted sexual battery; victim less than 12 years of age.
 2656  794.011(2)             Life   Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
 2657  794.011(4)(a)        1st,PBL  Sexual battery, certain circumstances; victim 12 years of age or older but younger than 18 years; offender 18 years or older.
 2658  794.011(4)(b)          1st    Sexual battery, certain circumstances; victim and offender 18 years of age or older.
 2659  794.011(4)(c)          1st    Sexual battery, certain circumstances; victim 12 years of age or older; offender younger than 18 years.
 2660  794.011(4)(d)        1st,PBL  Sexual battery, certain circumstances; victim 12 years of age or older; prior conviction for specified sex offenses.
 2661  794.011(8)(b)        1st,PBL  Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
 2662  794.08(2)              1st    Female genital mutilation; victim younger than 18 years of age.
 2663  800.04(5)(b)           Life   Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
 2664  812.13(2)(a)         1st,PBL  Robbery with firearm or other deadly weapon.
 2665  812.133(2)(a)        1st,PBL  Carjacking; firearm or other deadly weapon.
 2666  812.135(2)(b)          1st    Home-invasion robbery with weapon.   
 2667  817.535(3)(b)          1st    Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee.
 2668  817.535(4)(a)2.        1st    Filing false claim or other unauthorized document; defendant is incarcerated or under supervision.
 2669  817.535(5)(b)          1st    Filing false lien or other unauthorized document; second or subsequent offense; owner of the property incurs financial loss as a result of the false instrument.
 2670  817.568(7)           2nd,PBL  Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
 2671  827.03(2)(a)           1st    Aggravated child abuse.              
 2672  847.0145(1)            1st    Selling, or otherwise transferring custody or control, of a minor.
 2673  847.0145(2)            1st    Purchasing, or otherwise obtaining custody or control, of a minor.
 2674  859.01                 1st    Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
 2675  893.135                1st    Attempted capital trafficking offense.
 2676  893.135(1)(a)3.        1st    Trafficking in cannabis, except when authorized under s. 893.03(1)(c)7. and (1)(c)37. and chapters 468 and 499, more than 10,000 lbs.
 2677  893.135 (1)(b)1.c.     1st    Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
 2678  893.135 (1)(c)1.c.     1st    Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms, excluding cannabis and tetrahydrocannabinols, when excepted under s. 893.03(1)(c)7. and (1)(c)37. and chapters 468 and 499.
 2679  893.135 (1)(c)2.d.     1st    Trafficking in hydrocodone, 200 grams or more, less than 30 kilograms.
 2680  893.135 (1)(c)3.d.     1st    Trafficking in oxycodone, 100 grams or more, less than 30 kilograms.
 2681  893.135 (1)(d)1.c.     1st    Trafficking in phencyclidine, more than 400 grams.
 2682  893.135 (1)(e)1.c.     1st    Trafficking in methaqualone, more than 25 kilograms.
 2683  893.135 (1)(f)1.c.     1st    Trafficking in amphetamine, more than 200 grams.
 2684  893.135 (1)(h)1.c.     1st    Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
 2685  893.135 (1)(j)1.c.     1st    Trafficking in 1,4-Butanediol, 10 kilograms or more.
 2686  893.135 (1)(k)2.c.     1st    Trafficking in Phenethylamines, 400 grams or more.
 2687  896.101(5)(c)          1st    Money laundering, financial instruments totaling or exceeding $100,000.
 2688  896.104(4)(a)3.        1st    Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
 2689  
 2690  
 2691         (j) LEVEL 10
 2692  
 2693  FloridaStatute      FelonyDegree             Description             
 2694  499.0051(10)           1st    Knowing sale or purchase of contraband prescription drugs resulting in death.
 2695  782.04(2)            1st,PBL  Unlawful killing of human; act is homicide, unpremeditated.
 2696  782.07(3)              1st    Aggravated manslaughter of a child.  
 2697  787.01(1)(a)3.       1st,PBL  Kidnapping; inflict bodily harm upon or terrorize victim.
 2698  787.01(3)(a)           Life   Kidnapping; child under age 13, perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
 2699  787.06(3)(g)           Life   Human trafficking for commercial sexual activity of a child under the age of 18 or mentally defective or incapacitated person.
 2700  787.06(4)(a)           Life   Selling or buying of minors into human trafficking.
 2701  794.011(3)             Life   Sexual battery; victim 12 years or older, offender uses or threatens to use deadly weapon or physical force to cause serious injury.
 2702  812.135(2)(a)        1st,PBL  Home-invasion robbery with firearm or other deadly weapon.
 2703  876.32                 1st    Treason against the state.           
 2704  
 2705  
 2706         Section 16. Section 1004.441, Florida Statutes, is amended
 2707  to read:
 2708         1004.441 Refractory and intractable epilepsy treatment and
 2709  research.—
 2710         (1) As used in this section, the term “low-THC cannabis”
 2711  means “low-THC cannabis” as defined in s. 381.986 that is
 2712  dispensed only from a dispensary dispensing organization as
 2713  defined in s. 468.903 s. 381.986.
 2714         Section 17. This act shall take effect October 1, 2016.
 2715  
 2716  ================= T I T L E  A M E N D M E N T ================
 2717  And the title is amended as follows:
 2718         Delete everything before the enacting clause
 2719  and insert:
 2720                        A bill to be entitled                      
 2721         An act relating to the medical use of cannabis;
 2722         providing a short title; repealing s. 381.986, F.S.,
 2723         relating to compassionate use of low-THC cannabis;
 2724         creating part XVII of ch. 468, F.S.; creating s.
 2725         468.901, F.S.; providing a purpose; creating s.
 2726         468.902, F.S.; providing legislative findings and
 2727         intent; creating s. 468.903, F.S.; defining terms;
 2728         creating s. 468.904, F.S.; requiring the Department of
 2729         Business and Professional Regulation to regulate the
 2730         manufacture, cultivation, possession, wholesale
 2731         distribution, dispensing, purchase, delivery, and sale
 2732         of cannabis for medical use and the manufacture,
 2733         possession, purchase, sale, use, and delivery of drug
 2734         paraphernalia; providing that the department is
 2735         responsible for the licensure and permitting of
 2736         dispensaries and medical cannabis farms and the
 2737         registration of owners, directors, officers, members,
 2738         incorporators, employees, and agents of such farms and
 2739         dispensaries; requiring the department to require
 2740         medical cannabis farms and dispensaries to maintain
 2741         certain records and information; requiring the
 2742         department to develop and make available educational
 2743         materials, conduct inspections, and revoke or suspend
 2744         registrations, licenses, and permits; requiring the
 2745         department to adopt certain rules; creating s.
 2746         468.905, F.S.; authorizing a medical cannabis farm to
 2747         cultivate, sell, manufacture, or deliver, or possess
 2748         with the intent to sell, manufacture, or deliver,
 2749         cannabis and cannabis plants for wholesale in this
 2750         state; authorizing a medical cannabis farm to deliver,
 2751         possess with intent to deliver, or manufacture with
 2752         intent to deliver drug paraphernalia; requiring a
 2753         medical cannabis farm to be permitted with the
 2754         department before possessing, manufacturing,
 2755         cultivating, delivering, distributing, and wholesaling
 2756         cannabis, cannabis-based products, cannabis plants, or
 2757         drug paraphernalia; requiring agricultural
 2758         classification of land used as a medical cannabis
 2759         farm; requiring a medical cannabis farm to implement a
 2760         security plan and maintain procedures in which
 2761         cannabis and cannabis-based products are accessible
 2762         only to authorized personnel; providing that the
 2763         active ingredient in all cannabis-based products
 2764         cultivated, manufactured, and wholesaled to a licensed
 2765         dispensary in this state must be wholly derived from
 2766         cannabis plants cultivated in this state, except for
 2767         cannabis seeds and seedlings; providing that a medical
 2768         cannabis farm is provided certain protections and is
 2769         not deemed a public nuisance solely because its farm
 2770         product includes the production of cannabis; creating
 2771         s. 468.906, F.S.; authorizing a dispensary to
 2772         distribute, purchase, sell or deliver, or possess with
 2773         the intent to sell or deliver cannabis, cannabis-based
 2774         products, cannabis plants, and drug paraphernalia in
 2775         order to dispense and sell to a qualifying patient or
 2776         patient’s caregiver and to purchase, distribute,
 2777         deliver, or possess with intent to deliver drug
 2778         paraphernalia; requiring a dispensary to be licensed
 2779         with the department before possessing, purchasing,
 2780         delivering, distributing, or retailing cannabis,
 2781         cannabis-based products, cannabis plants, or drug
 2782         paraphernalia; requiring a dispensary to purchase
 2783         cannabis, cannabis-based products, and cannabis plants
 2784         from a medical cannabis farm that has a department
 2785         issued permit; prohibiting a dispensary from
 2786         conducting wholesale sales or transactions;
 2787         authorizing a dispensary to sell at retail to a
 2788         qualifying patient or patient’s caregiver cannabis,
 2789         cannabis-based products, cannabis plants, or drug
 2790         paraphernalia if the qualifying patient or patient’s
 2791         caregiver meets certain conditions; limiting a certain
 2792         amount of usable cannabis and number of cannabis plant
 2793         seedlings that a qualifying patient and a patient’s
 2794         caregiver may purchase within a certain time period;
 2795         requiring a dispensary to maintain certain records for
 2796         a specified number of years; requiring a dispensary to
 2797         implement a security plan; requiring a dispensary to
 2798         make available educational materials; requiring a
 2799         dispensary to prohibit a qualifying patient from
 2800         administering or using, and prohibiting a caregiver
 2801         from assisting a qualifying patient in administering
 2802         or using, any form of cannabis while on the property
 2803         of the dispensary; providing that a person who
 2804         administers or uses, or assists another to administer
 2805         or use, any form of cannabis on the property of a
 2806         dispensary subjects the dispensary to penalties;
 2807         creating s. 468.907, F.S.; requiring a person to
 2808         register with the department if he or she desires to
 2809         be an owner, director, officer, member, incorporator,
 2810         agent, or employee of a medical cannabis farm or
 2811         dispensary; requiring the department to establish
 2812         certain registration fees and determine if the
 2813         registrant has certain felony convictions; prohibiting
 2814         the department from approving a registrant as an
 2815         owner, director, officer, member, incorporator, agent,
 2816         or employee of a medical cannabis farm or dispensary
 2817         if such registrant has certain felony convictions;
 2818         providing that a person who violates or has violated
 2819         this act may not be an owner, director, officer,
 2820         member, incorporator, agent, or employee of a medical
 2821         cannabis farm or dispensary; providing that any prior
 2822         authorization of such person shall be immediately
 2823         revoked; requiring the department to suspend the
 2824         license or permit of the medical cannabis farm or
 2825         dispensary until such person resigns or is removed
 2826         from such position; authorizing a registrant to
 2827         commence an action in a court of competent
 2828         jurisdiction to compel the department to perform
 2829         certain actions if the department fails to adopt rules
 2830         by a specified date; creating s. 468.908, F.S.;
 2831         prohibiting a person from operating a medical cannabis
 2832         farm except in accordance with part XVII of ch. 468,
 2833         F.S.; requiring an applicant for an initial permit or
 2834         for a renewal permit to operate a medical cannabis
 2835         farm to provide certain information in the
 2836         application; requiring the department to establish by
 2837         rule application fees and permitting fees; providing
 2838         maximum amounts for the fees; requiring a person who
 2839         possesses, cultivates, manufactures, delivers,
 2840         distributes, or wholesales cannabis, cannabis-based
 2841         products, or cannabis plants at one or more locations
 2842         to possess a current, valid permit for each location;
 2843         authorizing an applicant for a permit to operate a
 2844         medical cannabis farm to commence an action in a court
 2845         of competent jurisdiction to compel the department to
 2846         perform certain actions if the department fails to
 2847         adopt rules by a specified date; creating s. 468.909,
 2848         F.S.; prohibiting a person from operating a dispensary
 2849         in this state except in accordance with part XVII of
 2850         ch. 468, F.S.; requiring an applicant for an initial
 2851         license or for a renewal license to operate a
 2852         dispensary to provide certain information in the
 2853         application; requiring the department to establish by
 2854         rule application fees and licensure fees; providing
 2855         maximum amounts for the fees; requiring a person who
 2856         conducts the wholesale purchase or retail sale of drug
 2857         paraphernalia or any form of cannabis at more than one
 2858         location to possess a current, valid license for each
 2859         location; authorizing an applicant for a license to
 2860         operate a dispensary to commence an action in a court
 2861         of competent jurisdiction to compel the department to
 2862         perform certain actions if the department fails to
 2863         adopt rules by a specified date; creating s. 468.910,
 2864         F.S.; providing requirements for submitting an
 2865         application for a license or a permit; authorizing the
 2866         department to require an applicant to furnish other
 2867         information or data; creating s. 468.911, F.S.;
 2868         providing requirements for licenses and permits;
 2869         authorizing the department to include other
 2870         information on a license or permit; providing that a
 2871         license or permit may not be issued, renewed, or
 2872         allowed to remain in effect in certain circumstances;
 2873         prohibiting a person from knowingly submitting or
 2874         presenting to the department a false, fictitious, or
 2875         misrepresented application, identification, document,
 2876         information, statement, or data intended or likely to
 2877         deceive the department in order to obtain a license or
 2878         permit; creating s. 468.912, F.S.; authorizing the use
 2879         of certain terms to designate a medical cannabis farm
 2880         that has a department-issued permit or a licensed
 2881         dispensary; requiring conspicuous display of a license
 2882         or permit; providing specified dates for validity and
 2883         expiration of licenses and permits; providing
 2884         application procedures for obtaining initial and
 2885         renewal licenses and permits; authorizing the
 2886         department to seize all forms of cannabis and drug
 2887         paraphernalia and dispose of them if the licensee or
 2888         permittee fails to renew a license or permit;
 2889         requiring funds collected from such disposal to be
 2890         deposited in the Professional Regulation Trust Fund;
 2891         providing the fee structure for reactivating an
 2892         inactive license or permit; creating s. 468.913, F.S.;
 2893         requiring the reporting of a loss, theft, or
 2894         unexplained shortage of cannabis, cannabis-based
 2895         products, cannabis plants, or drug paraphernalia to
 2896         the local law enforcement agency and the department;
 2897         requiring an investigating law enforcement agency to
 2898         forward a copy of its written report to the
 2899         department; requiring the department to retain such
 2900         reports; requiring any sheriff or law enforcement
 2901         officer in this state to give immediate notice to the
 2902         department of a theft, illegal use, or illegal
 2903         possession of cannabis, cannabis-based products,
 2904         cannabis plants, or drug paraphernalia and to forward
 2905         a copy of his or her final written report to the
 2906         department; creating s. 468.914, F.S.; authorizing the
 2907         department to issue cease and desist orders and to
 2908         impose administrative fines for violations of part
 2909         XVII of ch. 468, F.S., and applicable department
 2910         rules; authorizing the department to seek injunctive
 2911         relief and to apply for temporary and permanent orders
 2912         for certain violations; authorizing the department to
 2913         revoke or suspend all licenses or permits held by a
 2914         person; providing requirements for an order of
 2915         suspension and an order of revocation; providing for
 2916         application of an order of revocation or suspension to
 2917         a newly issued permit or license; providing that a
 2918         person whose permit or license has been suspended or
 2919         revoked may not be issued a new permit or license
 2920         under any other name or company name until the
 2921         expiration of the suspension or revocation;
 2922         authorizing the department to revoke or suspend a
 2923         license or permit for certain violations or acts;
 2924         providing criminal penalties; providing that other
 2925         lawful remedies are not affected; requiring that all
 2926         fines, monetary penalties, and costs received by the
 2927         department in connection with this part be deposited
 2928         into the Professional Regulation Trust Fund; creating
 2929         s. 468.915, F.S.; requiring that all hearings and
 2930         review of orders from the department be conducted in
 2931         accordance with ch. 120, F.S.; creating s. 468.916,
 2932         F.S.; prohibiting a county or municipality from
 2933         creating or imposing an ordinance or rule that is
 2934         inconsistent with the provisions contained in this act
 2935         and the applicable department rules; creating s.
 2936         468.917, F.S.; requiring that all moneys collected and
 2937         deposited in the Professional Regulation Trust Fund be
 2938         used by the department in the administration of part
 2939         XVII of ch. 468, F.S.; requiring the department to
 2940         maintain a separate account in the Professional
 2941         Regulation Trust Fund for the Drugs, Devices, and
 2942         Cosmetics program; creating s. 468.918, F.S.;
 2943         requiring the Department of Business and Professional
 2944         Regulation and the Department of Revenue to adopt
 2945         rules by a specified date, including rules that
 2946         specify persons who may legally possess cannabis for
 2947         the purpose of teaching, research, or testing;
 2948         requiring the fees collected by the departments to be
 2949         applied first to the cost of administering the act;
 2950         authorizing a state resident to commence an action in
 2951         a court of competent jurisdiction if the departments
 2952         fail to adopt rules by a specified date; creating part
 2953         III of ch. 499, F.S.; creating s. 499.951, F.S.;
 2954         defining terms; creating s. 499.952, F.S.; authorizing
 2955         a qualifying patient to cultivate, possess, and
 2956         administer cannabis for medical use and to possess and
 2957         use drug paraphernalia for a specified purpose;
 2958         authorizing the patient’s caregiver to cultivate,
 2959         possess, and administer cannabis for medical use for a
 2960         qualifying patient and to possess, deliver, and use
 2961         drug paraphernalia for a specified purpose; providing
 2962         that a registry identification card, or its
 2963         equivalent, issued from another jurisdiction has the
 2964         same force and effect as a registry identification
 2965         card issued by the Department of Health; requiring a
 2966         qualifying patient to present to a law enforcement
 2967         officer a registry identification card to confirm that
 2968         the patient may cultivate, possess, and administer
 2969         cannabis for medical use and possess and use drug
 2970         paraphernalia; requiring a patient’s caregiver to
 2971         present to a law enforcement officer a registry
 2972         identification card to confirm that the caregiver may
 2973         cultivate, possess, and administer cannabis for a
 2974         qualifying patient and possess, deliver, and use drug
 2975         paraphernalia; authorizing a qualifying patient or the
 2976         patient’s caregiver to purchase, possess, administer,
 2977         or deliver cannabis, cannabis-based products, cannabis
 2978         plants, and drug paraphernalia that is obtained only
 2979         from a dispensary or medical cannabis farm or to
 2980         cultivate cannabis and cannabis plants for only the
 2981         qualifying patient’s possession and administration;
 2982         authorizing a qualifying patient who is a minor to
 2983         possess, use, or administer medical cannabis only in
 2984         the presence of the minor’s parent or legal guardian
 2985         and only if the minor’s parent or legal guardian signs
 2986         a written statement; providing requirements for the
 2987         written statement; providing a procedure for changing
 2988         the patient’s designation of a caregiver; providing a
 2989         procedure for replacing a lost registry identification
 2990         card; providing that a registration form to obtain a
 2991         registry identification card is a registry
 2992         identification card if the department fails to issue
 2993         or deny the registration within a specified number of
 2994         days; authorizing the department to revoke a
 2995         cardholder’s registry identification card; creating s.
 2996         499.953, F.S.; requiring a person who seeks
 2997         designation as a qualifying patient or the patient’s
 2998         caregiver to register with the department; authorizing
 2999         the maximum number of qualifying patients a patient’s
 3000         caregiver may be connected to through the department’s
 3001         registration process; requiring a qualifying patient
 3002         or the patient’s caregiver to deliver or distribute
 3003         cannabis in a labeled container or sealed package;
 3004         prescribing the maximum amount of cannabis which a
 3005         qualifying patient or the patient’s caregiver may
 3006         possess; requiring a cardholder to cultivate cannabis
 3007         plants in certain venues that are out of the public
 3008         view; providing exceptions for delivering or
 3009         distributing cannabis plants under certain
 3010         circumstances; authorizing cannabis to be administered
 3011         in certain medical treatment facilities under certain
 3012         circumstances; prohibiting medical cannabis from being
 3013         administered at a dispensary or in a public place,
 3014         other than at a medical treatment facility; providing
 3015         that the act does not allow a person to undertake a
 3016         task under the influence of cannabis when doing so
 3017         constitutes negligence or malpractice; providing that
 3018         the medical use of cannabis does not create a defense
 3019         to certain offenses; providing that evidence of a
 3020         person’s voluntary intoxication that results from the
 3021         medical use of cannabis is not admissible in a
 3022         judicial proceeding to show lack of specific intent or
 3023         insanity; providing an exception; authorizing a person
 3024         or entity to provide information about the existence
 3025         or operation of a medical cannabis farm or dispensary
 3026         to another person; prohibiting a law enforcement
 3027         officer from further stopping or detaining a person
 3028         stopped by the officer if that person is in compliance
 3029         with the laws and rules regulating the medical use of
 3030         cannabis or drug paraphernalia; creating s. 499.954,
 3031         F.S.; authorizing a physician to prescribe, in
 3032         writing, the medical use of cannabis under certain
 3033         circumstances; providing requirements for the written
 3034         prescription; providing that a physician is not
 3035         subject to arrest, prosecution, penalty, disciplinary
 3036         proceedings, or denial of a right or privilege for
 3037         advising a qualifying patient about the medical use of
 3038         cannabis, recommending the medical use of cannabis,
 3039         providing a written prescription for a patient’s
 3040         medical use of cannabis, or stating that, in the
 3041         physician’s professional opinion, the potential
 3042         benefits of the medical use of cannabis likely
 3043         outweigh the health risks for a patient; prohibiting a
 3044         physician from having a professional office located at
 3045         a medical cannabis farm or dispensary or receiving
 3046         financial compensation from a medical cannabis farm or
 3047         dispensary or its owners, directors, officers,
 3048         members, incorporators, agents, or employees; creating
 3049         s. 499.955, F.S.; providing that qualifying patients
 3050         and their caregivers and certain nurse practitioners,
 3051         registered nurses, pharmacists, and other persons are
 3052         not subject to arrest, prosecution, penalty, or denial
 3053         of any right or privilege as a result of the lawful
 3054         applicable activity regarding the medical use of
 3055         cannabis under certain circumstances; prohibiting a
 3056         school, employer, or property owner from refusing to
 3057         enroll, employ, or lease to or otherwise penalizing a
 3058         person who is a cardholder; creating a presumption
 3059         when a qualifying patient or the patient’s caregiver
 3060         is engaged in the medical use of cannabis under
 3061         certain circumstances; authorizing the use of evidence
 3062         to rebut that presumption; authorizing the patient’s
 3063         caregiver to be reimbursed for certain costs;
 3064         providing that such reimbursement does not constitute
 3065         the sale of a controlled substance under s. 893.13,
 3066         F.S.; providing that a qualifying patient’s medical
 3067         use of cannabis is equivalent to the use of any other
 3068         medication used at the direction of a physician;
 3069         providing that such use does not constitute the use of
 3070         an illicit drug under s. 893.03, F.S.; providing that
 3071         a person, cardholder, medical cannabis farm, or
 3072         dispensary that cultivates, manufactures, possesses,
 3073         administers, dispenses, distributes, or uses cannabis,
 3074         or manufactures, possesses, distributes, or uses drug
 3075         paraphernalia, in a manner not authorized by this act,
 3076         is subject to criminal prosecution and sanctions under
 3077         the Florida Comprehensive Drug Abuse Prevention and
 3078         Control Act; providing that a person who makes a
 3079         fraudulent representation to a law enforcement officer
 3080         relating to certain activities involving medical use
 3081         of cannabis or drug paraphernalia is subject to a
 3082         criminal fine in addition to other penalties under
 3083         law; creating s. 499.956, F.S.; providing additional
 3084         defenses to a prosecution involving cannabis;
 3085         authorizing the clerk of the court to assess a fee for
 3086         dismissal of a criminal charge of possession, use, or
 3087         administration of a legal amount of cannabis for
 3088         medical use or drug paraphernalia under certain
 3089         circumstances; authorizing a cardholder to assert the
 3090         purpose for the medical use of cannabis in a motion to
 3091         dismiss; providing that certain interests or rights to
 3092         property related to a qualifying patient’s medical use
 3093         of cannabis may not be forfeited under the Florida
 3094         Contraband Forfeiture Act under certain circumstances;
 3095         creating s. 499.957, F.S.; providing that the act does
 3096         not require a governmental, private, or other health
 3097         insurance provider or health care services plan to
 3098         cover, or prohibit it from covering, a claim for
 3099         reimbursement for the medical use of cannabis;
 3100         creating s. 499.958, F.S.; prohibiting an employer,
 3101         laboratory, employee assistance program, or alcohol
 3102         and drug rehabilitation program and their agents from
 3103         releasing certain information without written consent;
 3104         providing requirements for written consent;
 3105         prohibiting information regarding a qualifying patient
 3106         or the patient’s caregiver from being released or used
 3107         in a criminal proceeding; providing that such
 3108         information is inadmissible as evidence; authorizing
 3109         the Department of Health and its employees to have
 3110         access to information regarding a qualifying patient
 3111         or the patient’s caregiver under certain
 3112         circumstances; creating s. 499.959, F.S.; requiring
 3113         the department to adopt rules by a specified date;
 3114         requiring the fees collected by the Department of
 3115         Health to be applied first to the cost of
 3116         administering part III of ch. 499; authorizing a state
 3117         resident to commence an action in a court of competent
 3118         jurisdiction if the departments fail to adopt rules by
 3119         a specified date; conforming provisions to changes
 3120         made by the act; authorizing the executive director of
 3121         the Department of Revenue to adopt emergency rules;
 3122         amending ss. 381.987, 385.211, 812.14, 893.02 893.03,
 3123         893.13, 893.1351, 893.145, 893.147, 921.0022, and
 3124         1004.441 F.S.; conforming provisions to changes made
 3125         by the act; providing an effective date.