Florida Senate - 2022                          SENATOR AMENDMENT
       Bill No. CS for HB 95
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Senator Pizzo moved the following:
    1         Senate Amendment to Amendment (576340) (with directory and
    2  title amendments)
    4         Between lines 99 and 100
    5  insert:
    6         (c) Except as authorized by this chapter, a person may not
    7  sell, manufacture, or deliver, or possess with intent to sell,
    8  manufacture, or deliver, a controlled substance in, on, or
    9  within 1,000 feet of the real property comprising a child care
   10  facility as defined in s. 402.302 or a public or private
   11  elementary, middle, or secondary school between the hours of 6
   12  a.m. and 12 midnight, or during the hours of operation at any
   13  time in, on, or within 1,000 feet of real property comprising a
   14  state, county, or municipal park, a community center, or a
   15  publicly owned recreational facility. As used in this paragraph,
   16  the term “community center” means a facility operated by a
   17  nonprofit community-based organization for the provision of
   18  recreational, social, or educational services to the public. A
   19  person who violates this paragraph with respect to:
   20         1. A controlled substance named or described in s.
   21  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.
   22  commits a felony of the first degree, punishable as provided in
   23  s. 775.082, s. 775.083, or s. 775.084. The defendant must be
   24  sentenced to a minimum term of imprisonment of 3 calendar years
   25  unless the offense was committed within 1,000 feet of the real
   26  property comprising a child care facility as defined in s.
   27  402.302.
   28         2. A controlled substance named or described in s.
   29  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7.,
   30  (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a felony of
   31  the second degree, punishable as provided in s. 775.082, s.
   32  775.083, or s. 775.084.
   33         3. Any other controlled substance, except as lawfully sold,
   34  manufactured, or delivered, must be sentenced to pay a $500 fine
   35  and to serve 100 hours of public service in addition to any
   36  other penalty prescribed by law.
   38  This paragraph does not apply to a child care facility unless
   39  the owner or operator of the facility posts a sign that is not
   40  less than 2 square feet in size with a word legend identifying
   41  the facility as a licensed child care facility and that is
   42  posted on the property of the child care facility in a
   43  conspicuous place where the sign is reasonably visible to the
   44  public.
   46  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
   47  And the directory clause is amended as follows:
   48         Delete lines 96 - 97
   49  and insert:
   50         Section 2. Paragraphs (c) and (h) of subsection (1) of
   51  section 893.13, Florida Statutes, are amended to read:
   53  ================= T I T L E  A M E N D M E N T ================
   54  And the title is amended as follows:
   55         Delete line 305
   56  and insert:
   57         893.13, F.S.; revising specified prohibited activities
   58         involving controlled substances within 1,000 feet of
   59         specified places or facilities during the hours of
   60         operation; prohibiting specified activities