Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 570
       
       
       
       
       
       
                                Ì736902$Î736902                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Criminal Justice (Bracy) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraphs (c), (d), (e), (f), and (h) of
    6  subsection (1) of section 893.13, Florida Statutes, are amended
    7  to read:
    8         893.13 Prohibited acts; penalties.—
    9         (1)
   10         (c) Except as authorized by this chapter, a person may not
   11  sell, or manufacture, or deliver, or possess with intent to
   12  sell, manufacture, or deliver, a controlled substance in, on, or
   13  within 1,000 feet of the real property comprising a child care
   14  facility as defined in s. 402.302 or a public or private
   15  elementary, middle, or secondary school between the hours of 6
   16  a.m. and 12 midnight, or at any time in, on, or within 250 1,000
   17  feet of real property comprising a state, county, or municipal
   18  park, a community center, or a publicly owned recreational
   19  facility. As used in this paragraph, the term “community center”
   20  means a facility operated by a nonprofit community-based
   21  organization for the provision of recreational, social, or
   22  educational services to the public. A person who violates this
   23  paragraph with respect to:
   24         1. A controlled substance named or described in s.
   25  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
   26  commits a felony of the first degree, punishable as provided in
   27  s. 775.082, s. 775.083, or s. 775.084. The defendant must be
   28  sentenced to a minimum term of imprisonment of 3 calendar years
   29  unless the offense was committed within 1,000 feet of the real
   30  property comprising a child care facility as defined in s.
   31  402.302.
   32         2. A controlled substance named or described in s.
   33  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
   34  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
   35  the second degree, punishable as provided in s. 775.082, s.
   36  775.083, or s. 775.084.
   37         3. Any other controlled substance, except as lawfully sold,
   38  or manufactured, or delivered, must be sentenced to pay a $500
   39  fine and to serve 100 hours of public service in addition to any
   40  other penalty prescribed by law.
   41  
   42  This paragraph does not apply to a child care facility unless
   43  the owner or operator of the facility posts a sign that is not
   44  less than 2 square feet in size with a word legend identifying
   45  the facility as a licensed child care facility and that is
   46  posted on the property of the child care facility in a
   47  conspicuous place where the sign is reasonably visible to the
   48  public.
   49         (d) Except as authorized by this chapter, a person may not
   50  sell, or manufacture, or deliver, or possess with intent to
   51  sell, manufacture, or deliver, a controlled substance in, on, or
   52  within 250 1,000 feet of the real property comprising a public
   53  or private college, university, or other postsecondary
   54  educational institution. A person who violates this paragraph
   55  with respect to:
   56         1. A controlled substance named or described in s.
   57  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
   58  commits a felony of the first degree, punishable as provided in
   59  s. 775.082, s. 775.083, or s. 775.084.
   60         2. A controlled substance named or described in s.
   61  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
   62  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
   63  the second degree, punishable as provided in s. 775.082, s.
   64  775.083, or s. 775.084.
   65         3. Any other controlled substance, except as lawfully sold,
   66  or manufactured, or delivered, must be sentenced to pay a $500
   67  fine and to serve 100 hours of public service in addition to any
   68  other penalty prescribed by law.
   69         (e) Except as authorized by this chapter, a person may not
   70  sell, or manufacture, or deliver, or possess with intent to
   71  sell, manufacture, or deliver, a controlled substance not
   72  authorized by law in, on, or within 1,000 feet of a physical
   73  place for worship at which a church or religious organization
   74  regularly conducts religious services or within 250 1,000 feet
   75  of a convenience business as defined in s. 812.171. A person who
   76  violates this paragraph with respect to:
   77         1. A controlled substance named or described in s.
   78  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
   79  commits a felony of the first degree, punishable as provided in
   80  s. 775.082, s. 775.083, or s. 775.084.
   81         2. A controlled substance named or described in s.
   82  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
   83  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
   84  the second degree, punishable as provided in s. 775.082, s.
   85  775.083, or s. 775.084.
   86         3. Any other controlled substance, except as lawfully sold,
   87  or manufactured, or delivered, must be sentenced to pay a $500
   88  fine and to serve 100 hours of public service in addition to any
   89  other penalty prescribed by law.
   90         (f) Except as authorized by this chapter, a person may not
   91  sell, or manufacture, or deliver, or possess with intent to
   92  sell, manufacture, or deliver, a controlled substance in, on, or
   93  within 250 1,000 feet of the real property comprising a public
   94  housing facility at any time. As used in this section, the term
   95  “real property comprising a public housing facility” means real
   96  property, as defined in s. 421.03(12), of a public corporation
   97  created as a housing authority pursuant to part I of chapter
   98  421. A person who violates this paragraph with respect to:
   99         1. A controlled substance named or described in s.
  100  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
  101  commits a felony of the first degree, punishable as provided in
  102  s. 775.082, s. 775.083, or s. 775.084.
  103         2. A controlled substance named or described in s.
  104  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  105  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  106  the second degree, punishable as provided in s. 775.082, s.
  107  775.083, or s. 775.084.
  108         3. Any other controlled substance, except as lawfully sold,
  109  or manufactured, or delivered, must be sentenced to pay a $500
  110  fine and to serve 100 hours of public service in addition to any
  111  other penalty prescribed by law.
  112         (h) Except as authorized by this chapter, a person may not
  113  sell, or manufacture, or deliver, or possess with intent to
  114  sell, manufacture, or deliver, a controlled substance in, on, or
  115  within 1,000 feet of the real property comprising an assisted
  116  living facility, as that term is used in chapter 429. A person
  117  who violates this paragraph with respect to:
  118         1. A controlled substance named or described in s.
  119  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
  120  commits a felony of the first degree, punishable as provided in
  121  s. 775.082, s. 775.083, or s. 775.084.
  122         2. A controlled substance named or described in s.
  123  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  124  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  125  the second degree, punishable as provided in s. 775.082, s.
  126  775.083, or s. 775.084.
  127         3. Any other controlled substance, except as lawfully sold,
  128  or manufactured, or delivered, must be sentenced to pay a $500
  129  fine and to serve 100 hours of public service in addition to any
  130  other penalty prescribed by law.
  131         Section 2. Paragraphs (c), (e), and (g) of subsection (3)
  132  of section 921.0022, Florida Statutes, are amended to read:
  133         921.0022 Criminal Punishment Code; offense severity ranking
  134  chart.—
  135         (3) OFFENSE SEVERITY RANKING CHART
  136         (c) LEVEL 3
  137  
  138  FloridaStatute           FelonyDegree         Description          
  139  119.10(2)(b)                 3rd     Unlawful use of confidential information from police reports.
  140  316.066 (3)(b)-(d)           3rd     Unlawfully obtaining or using confidential crash reports.
  141  316.193(2)(b)                3rd     Felony DUI, 3rd conviction.   
  142  316.1935(2)                  3rd     Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
  143  319.30(4)                    3rd     Possession by junkyard of motor vehicle with identification number plate removed.
  144  319.33(1)(a)                 3rd     Alter or forge any certificate of title to a motor vehicle or mobile home.
  145  319.33(1)(c)                 3rd     Procure or pass title on stolen vehicle.
  146  319.33(4)                    3rd     With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
  147  327.35(2)(b)                 3rd     Felony BUI.                   
  148  328.05(2)                    3rd     Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
  149  328.07(4)                    3rd     Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
  150  376.302(5)                   3rd     Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
  151  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.
  152  379.2431 (1)(e)6.            3rd     Possessing any marine turtle species or hatchling, or parts thereof, or the nest of any marine turtle species described in the Marine Turtle Protection Act.
  153  379.2431 (1)(e)7.            3rd     Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
  154  400.9935(4)(a) or (b)        3rd     Operating a clinic, or offering services requiring licensure, without a license.
  155  400.9935(4)(e)               3rd     Filing a false license application or other required information or failing to report information.
  156  440.1051(3)                  3rd     False report of workers’ compensation fraud or retaliation for making such a report.
  157  501.001(2)(b)                2nd     Tampers with a consumer product or the container using materially false/misleading information.
  158  624.401(4)(a)                3rd     Transacting insurance without a certificate of authority.
  159  624.401(4)(b)1.              3rd     Transacting insurance without a certificate of authority; premium collected less than $20,000.
  160  626.902(1)(a) & (b)          3rd     Representing an unauthorized insurer.
  161  697.08                       3rd     Equity skimming.              
  162  790.15(3)                    3rd     Person directs another to discharge firearm from a vehicle.
  163  806.10(1)                    3rd     Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
  164  806.10(2)                    3rd     Interferes with or assaults firefighter in performance of duty.
  165  810.09(2)(c)                 3rd     Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
  166  812.014(2)(c)2.              3rd     Grand theft; $5,000 or more but less than $10,000.
  167  812.0145(2)(c)               3rd     Theft from person 65 years of age or older; $300 or more but less than $10,000.
  168  815.04(5)(b)                 2nd     Computer offense devised to defraud or obtain property.
  169  817.034(4)(a)3.              3rd     Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
  170  817.233                      3rd     Burning to defraud insurer.   
  171  817.234 (8)(b) & (c)         3rd     Unlawful solicitation of persons involved in motor vehicle accidents.
  172  817.234(11)(a)               3rd     Insurance fraud; property value less than $20,000.
  173  817.236                      3rd     Filing a false motor vehicle insurance application.
  174  817.2361                     3rd     Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
  175  817.413(2)                   3rd     Sale of used goods as new.    
  176  828.12(2)                    3rd     Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
  177  831.28(2)(a)                 3rd     Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
  178  831.29                       2nd     Possession of instruments for counterfeiting driver licenses or identification cards.
  179  838.021(3)(b)                3rd     Threatens unlawful harm to public servant.
  180  843.19                       3rd     Injure, disable, or kill police dog or horse.
  181  860.15(3)                    3rd     Overcharging for repairs and parts.
  182  870.01(2)                    3rd     Riot; inciting or encouraging.
  183  893.13(1)(a)2.               3rd     Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
  184  893.13(1)(d)2.               2nd     Sell, or manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 250 1,000 feet of university.
  185  893.13(1)(f)2.               2nd     Sell, or manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 250 1,000 feet of public housing facility.
  186  893.13(4)(c)                 3rd     Use or hire of minor; deliver to minor other controlled substances.
  187  893.13(6)(a)                 3rd     Possession of any controlled substance other than felony possession of cannabis.
  188  893.13(7)(a)8.               3rd     Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
  189  893.13(7)(a)9.               3rd     Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
  190  893.13(7)(a)10.              3rd     Affix false or forged label to package of controlled substance.
  191  893.13(7)(a)11.              3rd     Furnish false or fraudulent material information on any document or record required by chapter 893.
  192  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.
  193  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.
  194  893.13(8)(a)3.               3rd     Knowingly write a prescription for a controlled substance for a fictitious person.
  195  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.
  196  918.13(1)(a)                 3rd     Alter, destroy, or conceal investigation evidence.
  197  944.47 (1)(a)1. & 2.         3rd     Introduce contraband to correctional facility.
  198  944.47(1)(c)                 2nd     Possess contraband while upon the grounds of a correctional institution.
  199  985.721                      3rd     Escapes from a juvenile facility (secure detention or residential commitment facility).
  200  
  201         (e) LEVEL 5
  202  
  203  FloridaStatute      FelonyDegree             Description             
  204  316.027(2)(a)          3rd    Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
  205  316.1935(4)(a)         2nd    Aggravated fleeing or eluding.       
  206  316.80(2)              2nd    Unlawful conveyance of fuel; obtaining fuel fraudulently.
  207  322.34(6)              3rd    Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
  208  327.30(5)              3rd    Vessel accidents involving personal injury; leaving scene.
  209  379.365(2)(c)1.        3rd    Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked.
  210  379.367(4)             3rd    Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
  211  379.407(5)(b)3.        3rd    Possession of 100 or more undersized spiny lobsters.
  212  381.0041(11)(b)        3rd    Donate blood, plasma, or organs knowing HIV positive.
  213  440.10(1)(g)           2nd    Failure to obtain workers’ compensation coverage.
  214  440.105(5)             2nd    Unlawful solicitation for the purpose of making workers’ compensation claims.
  215  440.381(2)             2nd    Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
  216  624.401(4)(b)2.        2nd    Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
  217  626.902(1)(c)          2nd    Representing an unauthorized insurer; repeat offender.
  218  790.01(2)              3rd    Carrying a concealed firearm.        
  219  790.162                2nd    Threat to throw or discharge destructive device.
  220  790.163(1)             2nd    False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
  221  790.221(1)             2nd    Possession of short-barreled shotgun or machine gun.
  222  790.23                 2nd    Felons in possession of firearms, ammunition, or electronic weapons or devices.
  223  796.05(1)              2nd    Live on earnings of a prostitute; 1st offense.
  224  800.04(6)(c)           3rd    Lewd or lascivious conduct; offender less than 18 years of age.
  225  800.04(7)(b)           2nd    Lewd or lascivious exhibition; offender 18 years of age or older.
  226  806.111(1)             3rd    Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
  227  812.0145(2)(b)         2nd    Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
  228  812.015(8)             3rd    Retail theft; property stolen is valued at $300 or more and one or more specified acts.
  229  812.019(1)             2nd    Stolen property; dealing in or trafficking in.
  230  812.131(2)(b)          3rd    Robbery by sudden snatching.         
  231  812.16(2)              3rd    Owning, operating, or conducting a chop shop.
  232  817.034(4)(a)2.        2nd    Communications fraud, value $20,000 to $50,000.
  233  817.234(11)(b)         2nd    Insurance fraud; property value $20,000 or more but less than $100,000.
  234  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.
  235  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.
  236  817.611(2)(a)          2nd    Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
  237  817.625(2)(b)          2nd    Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
  238  825.1025(4)            3rd    Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
  239  827.071(4)             2nd    Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
  240  827.071(5)             3rd    Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
  241  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.
  242  843.01                 3rd    Resist officer with violence to person; resist arrest with violence.
  243  847.0135(5)(b)         2nd    Lewd or lascivious exhibition using computer; offender 18 years or older.
  244  847.0137 (2) & (3)     3rd    Transmission of pornography by electronic device or equipment.
  245  847.0138 (2) & (3)     3rd    Transmission of material harmful to minors to a minor by electronic device or equipment.
  246  874.05(1)(b)           2nd    Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
  247  874.05(2)(a)           2nd    Encouraging or recruiting person under 13 years of age to join a criminal gang.
  248  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).
  249  893.13(1)(c)2.         2nd    Sell, or manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility, or school, or within 250 feet of a state, county, or municipal park or publicly owned recreational facility or community center.
  250  893.13(1)(d)1.         1st    Sell, or manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 250 1,000 feet of university.
  251  893.13(1)(e)2.         2nd    Sell, or manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or within 250 feet of a specified business site.
  252  893.13(1)(f)1.         1st    Sell, or manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 250 1,000 feet of public housing facility.
  253  893.13(4)(b)           2nd    Use or hire of minor; deliver to minor other controlled substance.
  254  893.1351(1)            3rd    Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
  255  
  256         (g) LEVEL 7
  257  
  258  FloridaStatute      FelonyDegree             Description             
  259  316.027(2)(c)          1st    Accident involving death, failure to stop; leaving scene.
  260  316.193(3)(c)2.        3rd    DUI resulting in serious bodily injury.
  261  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.
  262  327.35(3)(c)2.         3rd    Vessel BUI resulting in serious bodily injury.
  263  402.319(2)             2nd    Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
  264  409.920 (2)(b)1.a.     3rd    Medicaid provider fraud; $10,000 or less.
  265  409.920 (2)(b)1.b.     2nd    Medicaid provider fraud; more than $10,000, but less than $50,000.
  266  456.065(2)             3rd    Practicing a health care profession without a license.
  267  456.065(2)             2nd    Practicing a health care profession without a license which results in serious bodily injury.
  268  458.327(1)             3rd    Practicing medicine without a license.
  269  459.013(1)             3rd    Practicing osteopathic medicine without a license.
  270  460.411(1)             3rd    Practicing chiropractic medicine without a license.
  271  461.012(1)             3rd    Practicing podiatric medicine without a license.
  272  462.17                 3rd    Practicing naturopathy without a license.
  273  463.015(1)             3rd    Practicing optometry without a license.
  274  464.016(1)             3rd    Practicing nursing without a license.
  275  465.015(2)             3rd    Practicing pharmacy without a license.
  276  466.026(1)             3rd    Practicing dentistry or dental hygiene without a license.
  277  467.201                3rd    Practicing midwifery without a license.
  278  468.366                3rd    Delivering respiratory care services without a license.
  279  483.828(1)             3rd    Practicing as clinical laboratory personnel without a license.
  280  483.901(7)             3rd    Practicing medical physics without a license.
  281  484.013(1)(c)          3rd    Preparing or dispensing optical devices without a prescription.
  282  484.053                3rd    Dispensing hearing aids without a license.
  283  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.
  284  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.
  285  560.125(5)(a)          3rd    Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
  286  655.50(10)(b)1.        3rd    Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
  287  775.21(10)(a)          3rd    Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
  288  775.21(10)(b)          3rd    Sexual predator working where children regularly congregate.
  289  775.21(10)(g)          3rd    Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
  290  782.051(3)             2nd    Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
  291  782.07(1)              2nd    Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
  292  782.071                2nd    Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
  293  782.072                2nd    Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
  294  784.045(1)(a)1.        2nd    Aggravated battery; intentionally causing great bodily harm or disfigurement.
  295  784.045(1)(a)2.        2nd    Aggravated battery; using deadly weapon.
  296  784.045(1)(b)          2nd    Aggravated battery; perpetrator aware victim pregnant.
  297  784.048(4)             3rd    Aggravated stalking; violation of injunction or court order.
  298  784.048(7)             3rd    Aggravated stalking; violation of court order.
  299  784.07(2)(d)           1st    Aggravated battery on law enforcement officer.
  300  784.074(1)(a)          1st    Aggravated battery on sexually violent predators facility staff.
  301  784.08(2)(a)           1st    Aggravated battery on a person 65 years of age or older.
  302  784.081(1)             1st    Aggravated battery on specified official or employee.
  303  784.082(1)             1st    Aggravated battery by detained person on visitor or other detainee.
  304  784.083(1)             1st    Aggravated battery on code inspector.
  305  787.06(3)(a)2.         1st    Human trafficking using coercion for labor and services of an adult.
  306  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.
  307  790.07(4)              1st    Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
  308  790.16(1)              1st    Discharge of a machine gun under specified circumstances.
  309  790.165(2)             2nd    Manufacture, sell, possess, or deliver hoax bomb.
  310  790.165(3)             2nd    Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
  311  790.166(3)             2nd    Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
  312  790.166(4)             2nd    Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
  313  790.23               1st,PBL  Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
  314  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.
  315  796.05(1)              1st    Live on earnings of a prostitute; 2nd offense.
  316  796.05(1)              1st    Live on earnings of a prostitute; 3rd and subsequent offense.
  317  800.04(5)(c)1.         2nd    Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
  318  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.
  319  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.
  320  806.01(2)              2nd    Maliciously damage structure by fire or explosive.
  321  810.02(3)(a)           2nd    Burglary of occupied dwelling; unarmed; no assault or battery.
  322  810.02(3)(b)           2nd    Burglary of unoccupied dwelling; unarmed; no assault or battery.
  323  810.02(3)(d)           2nd    Burglary of occupied conveyance; unarmed; no assault or battery.
  324  810.02(3)(e)           2nd    Burglary of authorized emergency vehicle.
  325  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.
  326  812.014(2)(b)2.        2nd    Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
  327  812.014(2)(b)3.        2nd    Property stolen, emergency medical equipment; 2nd degree grand theft.
  328  812.014(2)(b)4.        2nd    Property stolen, law enforcement equipment from authorized emergency vehicle.
  329  812.0145(2)(a)         1st    Theft from person 65 years of age or older; $50,000 or more.
  330  812.019(2)             1st    Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
  331  812.131(2)(a)          2nd    Robbery by sudden snatching.         
  332  812.133(2)(b)          1st    Carjacking; no firearm, deadly weapon, or other weapon.
  333  817.034(4)(a)1.        1st    Communications fraud, value greater than $50,000.
  334  817.234(8)(a)          2nd    Solicitation of motor vehicle accident victims with intent to defraud.
  335  817.234(9)             2nd    Organizing, planning, or participating in an intentional motor vehicle collision.
  336  817.234(11)(c)         1st    Insurance fraud; property value $100,000 or more.
  337  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.
  338  817.535(2)(a)          3rd    Filing false lien or other unauthorized document.
  339  817.611(2)(b)          2nd    Traffic in or possess 15 to 49 counterfeit credit cards or related documents.
  340  825.102(3)(b)          2nd    Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
  341  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.
  342  827.03(2)(b)           2nd    Neglect of a child causing great bodily harm, disability, or disfigurement.
  343  827.04(3)              3rd    Impregnation of a child under 16 years of age by person 21 years of age or older.
  344  837.05(2)              3rd    Giving false information about alleged capital felony to a law enforcement officer.
  345  838.015                2nd    Bribery.                             
  346  838.016                2nd    Unlawful compensation or reward for official behavior.
  347  838.021(3)(a)          2nd    Unlawful harm to a public servant.   
  348  838.22                 2nd    Bid tampering.                       
  349  843.0855(2)            3rd    Impersonation of a public officer or employee.
  350  843.0855(3)            3rd    Unlawful simulation of legal process.
  351  843.0855(4)            3rd    Intimidation of a public officer or employee.
  352  847.0135(3)            3rd    Solicitation of a child, via a computer service, to commit an unlawful sex act.
  353  847.0135(4)            2nd    Traveling to meet a minor to commit an unlawful sex act.
  354  872.06                 2nd    Abuse of a dead human body.          
  355  874.05(2)(b)           1st    Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
  356  874.10               1st,PBL  Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
  357  893.13(1)(c)1.         1st    Sell, or 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, or school, or within 250 feet of a state, county, or municipal park or publicly owned recreational facility or community center.
  358  893.13(1)(e)1.         1st    Sell, or 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 within 250 feet of a specified business site.
  359  893.13(4)(a)           1st    Use or hire of minor; deliver to minor other controlled substance.
  360  893.135(1)(a)1.        1st    Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
  361  893.135 (1)(b)1.a.     1st    Trafficking in cocaine, more than 28 grams, less than 200 grams.
  362  893.135 (1)(c)1.a.     1st    Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
  363  893.135 (1)(c)2.a.     1st    Trafficking in hydrocodone, 14 grams or more, less than 28 grams.
  364  893.135 (1)(c)2.b.     1st    Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
  365  893.135 (1)(c)3.a.     1st    Trafficking in oxycodone, 7 grams or more, less than 14 grams.
  366  893.135 (1)(c)3.b.     1st    Trafficking in oxycodone, 14 grams or more, less than 25 grams.
  367  893.135 (1)(c)4.b.(I)   1st    Trafficking in fentanyl, 4 grams or more, less than 14 grams.
  368  893.135 (1)(d)1.a.     1st    Trafficking in phencyclidine, 28 grams or more, less than 200 grams.
  369  893.135(1)(e)1.        1st    Trafficking in methaqualone, 200 grams or more, less than 5 kilograms.
  370  893.135(1)(f)1.        1st    Trafficking in amphetamine, 14 grams or more, less than 28 grams.
  371  893.135 (1)(g)1.a.     1st    Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
  372  893.135 (1)(h)1.a.     1st    Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
  373  893.135 (1)(j)1.a.     1st    Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
  374  893.135 (1)(k)2.a.     1st    Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
  375  893.135 (1)(m)2.a.     1st    Trafficking in synthetic cannabinoids, 280 grams or more, less than 500 grams.
  376  893.135 (1)(m)2.b.     1st    Trafficking in synthetic cannabinoids, 500 grams or more, less than 1,000 grams.
  377  893.135 (1)(n)2.a.     1st    Trafficking in n-benzyl phenethylamines, 14 grams or more, less than 100 grams.
  378  893.1351(2)            2nd    Possession of place for trafficking in or manufacturing of controlled substance.
  379  896.101(5)(a)          3rd    Money laundering, financial transactions exceeding $300 but less than $20,000.
  380  896.104(4)(a)1.        3rd    Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
  381  943.0435(4)(c)         2nd    Sexual offender vacating permanent residence; failure to comply with reporting requirements.
  382  943.0435(8)            2nd    Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
  383  943.0435(9)(a)         3rd    Sexual offender; failure to comply with reporting requirements.
  384  943.0435(13)           3rd    Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  385  943.0435(14)           3rd    Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
  386  944.607(9)             3rd    Sexual offender; failure to comply with reporting requirements.
  387  944.607(10)(a)         3rd    Sexual offender; failure to submit to the taking of a digitized photograph.
  388  944.607(12)            3rd    Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  389  944.607(13)            3rd    Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
  390  985.4815(10)           3rd    Sexual offender; failure to submit to the taking of a digitized photograph.
  391  985.4815(12)           3rd    Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  392  985.4815(13)           3rd    Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
  393  
  394         Section 3. This act shall take effect October 1, 2018.
  395  
  396  ================= T I T L E  A M E N D M E N T ================
  397  And the title is amended as follows:
  398         Delete everything before the enacting clause
  399  and insert:
  400                        A bill to be entitled                      
  401         An act relating to sentencing; amending s. 893.13,
  402         F.S., reducing the distance applicable to certain
  403         controlled substance offenses committed within certain
  404         drug free zones; providing that only offenses
  405         involving sale or manufacturing of a controlled
  406         substance are subject to enhanced penalties when
  407         committed within a drug free zone; amending s.
  408         921.0024, F.S., conforming descriptions of drug free
  409         zone offenses in the offense severity ranking chart of
  410         the Criminal Punishment Code to reflect amendments to
  411         those offenses in s. 893.13, F.S.; providing an
  412         effective date.