Florida Senate - 2023 SB 1520
By Senator Pizzo
37-01175A-23 20231520__
1 A bill to be entitled
2 An act relating to controlled substances; amending s.
3 893.13, F.S.; revising specified prohibited activities
4 involving controlled substances within 1,000 feet of
5 certain schools during their hours of operation;
6 revising specified prohibited activities involving
7 controlled substances during the hours of operation
8 within 1,000 feet of certain parks, community centers,
9 or publicly owned recreational facilities; revising
10 specified prohibited activities involving controlled
11 substances within 1,000 feet of specified places of
12 worship when churches or religious organizations are
13 conducting services or other activities; deleting
14 specified prohibited activities involving controlled
15 substances within 1,000 feet of convenience
16 businesses; deleting specified prohibited activities
17 involving controlled substances within 1,000 feet of
18 public housing facilities; deleting criminal and
19 noncriminal penalties; amending s. 893.149, F.S.;
20 conforming a cross-reference; amending s. 921.0022,
21 F.S.; conforming provisions to changes made by the
22 act; providing an effective date.
23
24 Be It Enacted by the Legislature of the State of Florida:
25
26 Section 1. Paragraphs (c), (e), and (f) of subsection (1)
27 of section 893.13, Florida Statutes, are amended to read:
28 893.13 Prohibited acts; penalties.—
29 (1)
30 (c) Except as authorized by this chapter, a person may not
31 sell, manufacture, or deliver, or possess with intent to sell,
32 manufacture, or deliver, a controlled substance in, on, or
33 within 1,000 feet of the real property comprising a child care
34 facility as defined in s. 402.302 or a public or private
35 elementary, middle, or secondary school during the school’s
36 hours of operation, including when the school is providing
37 services to students outside of normal hours of operation
38 between the hours of 6 a.m. and 12 midnight, or during the hours
39 of operation at any time in, on, or within 1,000 feet of real
40 property comprising a state, county, or municipal park, a
41 community center, or a publicly owned recreational facility. As
42 used in this paragraph, the term “community center” means a
43 facility operated by a nonprofit community-based organization
44 for the provision of recreational, social, or educational
45 services to the public. A person who violates this paragraph
46 with respect to:
47 1. A controlled substance named or described in s.
48 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.
49 commits a felony of the first degree, punishable as provided in
50 s. 775.082, s. 775.083, or s. 775.084. The defendant must be
51 sentenced to a minimum term of imprisonment of 3 calendar years
52 unless the offense was committed within 1,000 feet of the real
53 property comprising a child care facility as defined in s.
54 402.302.
55 2. A controlled substance named or described in s.
56 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7.,
57 (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a felony of
58 the second degree, punishable as provided in s. 775.082, s.
59 775.083, or s. 775.084.
60 3. Any other controlled substance, except as lawfully sold,
61 manufactured, or delivered, must be sentenced to pay a $500 fine
62 and to serve 100 hours of public service in addition to any
63 other penalty prescribed by law.
64
65 This paragraph does not apply to a child care facility unless
66 the owner or operator of the facility posts a sign that is not
67 less than 2 square feet in size with a word legend identifying
68 the facility as a licensed child care facility and that is
69 posted on the property of the child care facility in a
70 conspicuous place where the sign is reasonably visible to the
71 public.
72 (e) Except as authorized by this chapter, a person may not
73 sell, manufacture, or deliver, or possess with intent to sell,
74 manufacture, or deliver, a controlled substance not authorized
75 by law in, on, or within 1,000 feet of a physical place for
76 worship at which a church or religious organization regularly
77 conducts religious services when such church or religious
78 organization is conducting services or other activities or
79 within 1,000 feet of a convenience business as defined in s.
80 812.171. A person who violates this paragraph with respect to:
81 1. A controlled substance named or described in s.
82 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.
83 commits a felony of the first degree, punishable as provided in
84 s. 775.082, s. 775.083, or s. 775.084.
85 2. A controlled substance named or described in s.
86 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7.,
87 (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a felony of
88 the second degree, punishable as provided in s. 775.082, s.
89 775.083, or s. 775.084.
90 3. Any other controlled substance, except as lawfully sold,
91 manufactured, or delivered, must be sentenced to pay a $500 fine
92 and to serve 100 hours of public service in addition to any
93 other penalty prescribed by law.
94 (f) Except as authorized by this chapter, a person may not
95 sell, manufacture, or deliver, or possess with intent to sell,
96 manufacture, or deliver, a controlled substance in, on, or
97 within 1,000 feet of the real property comprising a public
98 housing facility at any time. As used in this section, the term
99 “real property comprising a public housing facility” means real
100 property, as defined in s. 421.03(12), of a public corporation
101 created as a housing authority pursuant to part I of chapter
102 421. A person who violates this paragraph with respect to:
103 1. A controlled substance named or described in s.
104 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.
105 commits a felony of the first degree, punishable as provided in
106 s. 775.082, s. 775.083, or s. 775.084.
107 2. A controlled substance named or described in s.
108 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7.,
109 (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a felony of
110 the second degree, punishable as provided in s. 775.082, s.
111 775.083, or s. 775.084.
112 3. Any other controlled substance, except as lawfully sold,
113 manufactured, or delivered, must be sentenced to pay a $500 fine
114 and to serve 100 hours of public service in addition to any
115 other penalty prescribed by law.
116 Section 2. Subsection (3) of section 893.149, Florida
117 Statutes, is amended to read:
118 893.149 Unlawful possession of listed chemical.—
119 (3) This section does not apply to a public employee or
120 private contractor authorized to clean up or dispose of
121 hazardous waste or toxic substances resulting from the
122 prohibited activities listed in s. 893.13(1)(f) s. 893.13(1)(g).
123 Section 3. Paragraphs (c) and (e) of subsection (3) of
124 section 921.0022, Florida Statutes, are amended to read:
125 921.0022 Criminal Punishment Code; offense severity ranking
126 chart.—
127 (3) OFFENSE SEVERITY RANKING CHART
128 (c) LEVEL 3
129
130 FloridaStatute FelonyDegree Description
131 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
132 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
133 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
134 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
135 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
136 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
137 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
138 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
139 327.35(2)(b) 3rd Felony BUI.
140 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
141 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
142 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
143 379.2431 (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.
144 379.2431 (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.
145 379.2431 (1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
146 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license.
147 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information.
148 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
149 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
150 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
151 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
152 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
153 697.08 3rd Equity skimming.
154 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
155 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
156 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
157 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
158 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
159 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
160 812.015(8)(b) 3rd Retail theft with intent to sell; conspires with others.
161 812.081(2) 3rd Theft of a trade secret.
162 815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
163 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
164 817.233 3rd Burning to defraud insurer.
165 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
166 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
167 817.236 3rd Filing a false motor vehicle insurance application.
168 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
169 817.413(2) 3rd Sale of used goods of $1,000 or more as new.
170 817.49(2)(b)1. 3rd Willful making of a false report of a crime causing great bodily harm, permanent disfigurement, or permanent disability.
171 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
172 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards.
173 836.13(2) 3rd Person who promotes an altered sexual depiction of an identifiable person without consent.
174 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
175 843.19 2nd Injure, disable, or kill police, fire, or SAR canine or police horse.
176 860.15(3) 3rd Overcharging for repairs and parts.
177 870.01(2) 3rd Riot.
178 870.01(4) 3rd Inciting a riot.
179 893.13(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)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs).
180 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of university.
181 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of public housing facility.
182 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances.
183 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
184 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
185 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
186 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
187 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
188 893.13(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.
189 893.13(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.
190 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
191 893.13(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.
192 918.13(1) 3rd Tampering with or fabricating physical evidence.
193 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility.
194 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
195 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
196 (e) LEVEL 5
197
198 FloridaStatute FelonyDegree Description
199 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
200 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
201 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
202 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
203 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
204 379.365(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.
205 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
206 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
207 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
208 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
209 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
210 440.381(2) 3rd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
211 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
212 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
213 790.01(2) 3rd Carrying a concealed firearm.
214 790.162 2nd Threat to throw or discharge destructive device.
215 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
216 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
217 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
218 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
219 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
220 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
221 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
222 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
223 812.015 (8)(a) & (c)-(e) 3rd Retail theft; property stolen is valued at $750 or more and one or more specified acts.
224 812.015(8)(f) 3rd Retail theft; multiple thefts within specified period.
225 812.019(1) 2nd Stolen property; dealing in or trafficking in.
226 812.081(3) 2nd Trafficking in trade secrets.
227 812.131(2)(b) 3rd Robbery by sudden snatching.
228 812.16(2) 3rd Owning, operating, or conducting a chop shop.
229 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
230 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
231 817.2341(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.
232 817.568(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.
233 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
234 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
235 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
236 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes child pornography.
237 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes child pornography.
238 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
239 836.14(4) 2nd Person who willfully promotes for financial gain a sexually explicit image of an identifiable person without consent.
240 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
241 843.01 3rd Resist officer with violence to person; resist arrest with violence.
242 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
243 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
244 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
245 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
246 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
247 893.13(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)5. drugs).
248 893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (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.
249 893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of university.
250 893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
251 893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of public housing facility.
252 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
253 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
254 Section 4. This act shall take effect July 1, 2023.