Florida Senate - 2013 CS for SB 1448
By the Committee on Health Policy; and Senator Smith
588-02788-13 20131448c1
1 A bill to be entitled
2 An act relating to controlled substances; amending s.
3 893.03, F.S.; adding to the list of Schedule III
4 controlled substances certain specified materials,
5 compounds, mixtures, or preparations that promote
6 muscle growth or otherwise enhance athletic
7 performance; adding human chorionic gonadotropin to
8 the list of Schedule III controlled substances;
9 reenacting s. 893.12(1)-(6), F.S., relating to
10 prohibited acts involving controlled substances, to
11 incorporate the amendments made to s. 893.03, F.S., in
12 references thereto; reenacting s. 921.0022(3)(b)-(e),
13 F.S., relating to the Criminal Punishment Code offense
14 severity ranking chart, to incorporate the amendments
15 made to s. 893.03, F.S., in references thereto;
16 providing an effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Paragraphs (h), (i), (j), (k), (l), (m), and (n)
21 are added to subsection (3) of section 893.03, Florida Statutes,
22 to read:
23 893.03 Standards and schedules.—The substances enumerated
24 in this section are controlled by this chapter. The controlled
25 substances listed or to be listed in Schedules I, II, III, IV,
26 and V are included by whatever official, common, usual,
27 chemical, or trade name designated. The provisions of this
28 section shall not be construed to include within any of the
29 schedules contained in this section any excluded drugs listed
30 within the purview of 21 C.F.R. s. 1308.22, styled “Excluded
31 Substances”; 21 C.F.R. s. 1308.24, styled “Exempt Chemical
32 Preparations”; 21 C.F.R. s. 1308.32, styled “Exempted
33 Prescription Products”; or 21 C.F.R. s. 1308.34, styled “Exempt
34 Anabolic Steroid Products.”
35 (3) SCHEDULE III.—A substance in Schedule III has a
36 potential for abuse less than the substances contained in
37 Schedules I and II and has a currently accepted medical use in
38 treatment in the United States, and abuse of the substance may
39 lead to moderate or low physical dependence or high
40 psychological dependence or, in the case of anabolic steroids,
41 may lead to physical damage. The following substances are
42 controlled in Schedule III:
43 (a) Unless specifically excepted or unless listed in
44 another schedule, any material, compound, mixture, or
45 preparation which contains any quantity of the following
46 substances having a depressant or stimulant effect on the
47 nervous system:
48 1. Any substance which contains any quantity of a
49 derivative of barbituric acid, including thiobarbituric acid, or
50 any salt of a derivative of barbituric acid or thiobarbituric
51 acid, including, but not limited to, butabarbital and
52 butalbital.
53 2. Benzphetamine.
54 3. Chlorhexadol.
55 4. Chlorphentermine.
56 5. Clortermine.
57 6. Lysergic acid.
58 7. Lysergic acid amide.
59 8. Methyprylon.
60 9. Phendimetrazine.
61 10. Sulfondiethylmethane.
62 11. Sulfonethylmethane.
63 12. Sulfonmethane.
64 13. Tiletamine and zolazepam or any salt thereof.
65 (b) Nalorphine.
66 (c) Unless specifically excepted or unless listed in
67 another schedule, any material, compound, mixture, or
68 preparation containing limited quantities of any of the
69 following controlled substances or any salts thereof:
70 1. Not more than 1.8 grams of codeine per 100 milliliters
71 or not more than 90 milligrams per dosage unit, with an equal or
72 greater quantity of an isoquinoline alkaloid of opium.
73 2. Not more than 1.8 grams of codeine per 100 milliliters
74 or not more than 90 milligrams per dosage unit, with recognized
75 therapeutic amounts of one or more active ingredients which are
76 not controlled substances.
77 3. Not more than 300 milligrams of hydrocodone per 100
78 milliliters or not more than 15 milligrams per dosage unit, with
79 a fourfold or greater quantity of an isoquinoline alkaloid of
80 opium.
81 4. Not more than 300 milligrams of hydrocodone per 100
82 milliliters or not more than 15 milligrams per dosage unit, with
83 recognized therapeutic amounts of one or more active ingredients
84 that are not controlled substances.
85 5. Not more than 1.8 grams of dihydrocodeine per 100
86 milliliters or not more than 90 milligrams per dosage unit, with
87 recognized therapeutic amounts of one or more active ingredients
88 which are not controlled substances.
89 6. Not more than 300 milligrams of ethylmorphine per 100
90 milliliters or not more than 15 milligrams per dosage unit, with
91 one or more active, nonnarcotic ingredients in recognized
92 therapeutic amounts.
93 7. Not more than 50 milligrams of morphine per 100
94 milliliters or per 100 grams, with recognized therapeutic
95 amounts of one or more active ingredients which are not
96 controlled substances.
97
98 For purposes of charging a person with a violation of s. 893.135
99 involving any controlled substance described in subparagraph 3.
100 or subparagraph 4., the controlled substance is a Schedule III
101 controlled substance pursuant to this paragraph but the weight
102 of the controlled substance per milliliters or per dosage unit
103 is not relevant to the charging of a violation of s. 893.135.
104 The weight of the controlled substance shall be determined
105 pursuant to s. 893.135(6).
106 (d) Anabolic steroids.
107 1. The term “anabolic steroid” means any drug or hormonal
108 substance, chemically and pharmacologically related to
109 testosterone, other than estrogens, progestins, and
110 corticosteroids, that promotes muscle growth and includes:
111 a. Androsterone.
112 b. Androsterone acetate.
113 c. Boldenone.
114 d. Boldenone acetate.
115 e. Boldenone benzoate.
116 f. Boldenone undecylenate.
117 g. Chlorotestosterone (4-chlortestosterone).
118 h. Clostebol.
119 i. Dehydrochlormethyltestosterone.
120 j. Dihydrotestosterone (4-dihydrotestosterone).
121 k. Drostanolone.
122 l. Ethylestrenol.
123 m. Fluoxymesterone.
124 n. Formebulone (formebolone).
125 o. Mesterolone.
126 p. Methandienone.
127 q. Methandranone.
128 r. Methandriol.
129 s. Methandrostenolone.
130 t. Methenolone.
131 u. Methyltestosterone.
132 v. Mibolerone.
133 w. Nandrolone.
134 x. Norethandrolone.
135 y. Nortestosterone.
136 z. Nortestosterone decanoate.
137 aa. Nortestosterone phenylpropionate.
138 bb. Nortestosterone propionate.
139 cc. Oxandrolone.
140 dd. Oxymesterone.
141 ee. Oxymetholone.
142 ff. Stanolone.
143 gg. Stanozolol.
144 hh. Testolactone.
145 ii. Testosterone.
146 jj. Testosterone acetate.
147 kk. Testosterone benzoate.
148 ll. Testosterone cypionate.
149 mm. Testosterone decanoate.
150 nn. Testosterone enanthate.
151 oo. Testosterone isocaproate.
152 pp. Testosterone oleate.
153 qq. Testosterone phenylpropionate.
154 rr. Testosterone propionate.
155 ss. Testosterone undecanoate.
156 tt. Trenbolone.
157 uu. Trenbolone acetate.
158 vv. Any salt, ester, or isomer of a drug or substance
159 described or listed in this subparagraph if that salt, ester, or
160 isomer promotes muscle growth.
161 2. The term does not include an anabolic steroid that is
162 expressly intended for administration through implants to cattle
163 or other nonhuman species and that has been approved by the
164 United States Secretary of Health and Human Services for such
165 administration. However, any person who prescribes, dispenses,
166 or distributes such a steroid for human use is considered to
167 have prescribed, dispensed, or distributed an anabolic steroid
168 within the meaning of this paragraph.
169 (e) Ketamine, including any isomers, esters, ethers, salts,
170 and salts of isomers, esters, and ethers, whenever the existence
171 of such isomers, esters, ethers, and salts is possible within
172 the specific chemical designation.
173 (f) Dronabinol (synthetic THC) in sesame oil and
174 encapsulated in a soft gelatin capsule in a drug product
175 approved by the United States Food and Drug Administration.
176 (g) Any drug product containing gamma-hydroxybutyric acid,
177 including its salts, isomers, and salts of isomers, for which an
178 application is approved under s. 505 of the Federal Food, Drug,
179 and Cosmetic Act.
180 (h) Human chorionic gonadotropin (hCG).
181 (i) CJC-1295.
182 (j) Growth hormone releasing hormone (GHRH).
183 (k) Growth hormone releasing hexapeptide (GHRP-6).
184 (l) Human growth hormone (HGH).
185 (m) Somatropin.
186 (n) Tesamorelin.
187 Section 2. For the purpose of incorporating the amendment
188 made by this act to section 893.03, Florida Statutes, in a
189 reference thereto, subsections (1) through (6) of section
190 893.13, Florida Statutes, are reenacted to read:
191 893.13 Prohibited acts; penalties.—
192 (1)(a) Except as authorized by this chapter and chapter
193 499, it is unlawful for any person to sell, manufacture, or
194 deliver, or possess with intent to sell, manufacture, or
195 deliver, a controlled substance. Any person who violates this
196 provision with respect to:
197 1. A controlled substance named or described in s.
198 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
199 commits a felony of the second degree, punishable as provided in
200 s. 775.082, s. 775.083, or s. 775.084.
201 2. A controlled substance named or described in s.
202 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
203 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
204 the third degree, punishable as provided in s. 775.082, s.
205 775.083, or s. 775.084.
206 3. A controlled substance named or described in s.
207 893.03(5) commits a misdemeanor of the first degree, punishable
208 as provided in s. 775.082 or s. 775.083.
209 (b) Except as provided in this chapter, it is unlawful to
210 sell or deliver in excess of 10 grams of any substance named or
211 described in s. 893.03(1)(a) or (1)(b), or any combination
212 thereof, or any mixture containing any such substance. Any
213 person who violates this paragraph commits a felony of the first
214 degree, punishable as provided in s. 775.082, s. 775.083, or s.
215 775.084.
216 (c) Except as authorized by this chapter, it is unlawful
217 for any person to sell, manufacture, or deliver, or possess with
218 intent to sell, manufacture, or deliver, a controlled substance
219 in, on, or within 1,000 feet of the real property comprising a
220 child care facility as defined in s. 402.302 or a public or
221 private elementary, middle, or secondary school between the
222 hours of 6 a.m. and 12 midnight, or at any time in, on, or
223 within 1,000 feet of real property comprising a state, county,
224 or municipal park, a community center, or a publicly owned
225 recreational facility. For the purposes of this paragraph, the
226 term “community center” means a facility operated by a nonprofit
227 community-based organization for the provision of recreational,
228 social, or educational services to the public. Any person who
229 violates this paragraph with respect to:
230 1. A controlled substance named or described in s.
231 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
232 commits a felony of the first degree, punishable as provided in
233 s. 775.082, s. 775.083, or s. 775.084. The defendant must be
234 sentenced to a minimum term of imprisonment of 3 calendar years
235 unless the offense was committed within 1,000 feet of the real
236 property comprising a child care facility as defined in s.
237 402.302.
238 2. A controlled substance named or described in s.
239 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
240 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
241 the second degree, punishable as provided in s. 775.082, s.
242 775.083, or s. 775.084.
243 3. Any other controlled substance, except as lawfully sold,
244 manufactured, or delivered, must be sentenced to pay a $500 fine
245 and to serve 100 hours of public service in addition to any
246 other penalty prescribed by law.
247
248 This paragraph does not apply to a child care facility unless
249 the owner or operator of the facility posts a sign that is not
250 less than 2 square feet in size with a word legend identifying
251 the facility as a licensed child care facility and that is
252 posted on the property of the child care facility in a
253 conspicuous place where the sign is reasonably visible to the
254 public.
255 (d) Except as authorized by this chapter, it is unlawful
256 for any person to sell, manufacture, or deliver, or possess with
257 intent to sell, manufacture, or deliver, a controlled substance
258 in, on, or within 1,000 feet of the real property comprising a
259 public or private college, university, or other postsecondary
260 educational institution. Any person who violates this paragraph
261 with respect to:
262 1. A controlled substance named or described in s.
263 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
264 commits a felony of the first degree, punishable as provided in
265 s. 775.082, s. 775.083, or s. 775.084.
266 2. A controlled substance named or described in s.
267 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
268 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
269 the second degree, punishable as provided in s. 775.082, s.
270 775.083, or s. 775.084.
271 3. Any other controlled substance, except as lawfully sold,
272 manufactured, or delivered, must be sentenced to pay a $500 fine
273 and to serve 100 hours of public service in addition to any
274 other penalty prescribed by law.
275 (e) Except as authorized by this chapter, it is unlawful
276 for any person to sell, manufacture, or deliver, or possess with
277 intent to sell, manufacture, or deliver, a controlled substance
278 not authorized by law in, on, or within 1,000 feet of a physical
279 place for worship at which a church or religious organization
280 regularly conducts religious services or within 1,000 feet of a
281 convenience business as defined in s. 812.171. Any person who
282 violates this paragraph with respect to:
283 1. A controlled substance named or described in s.
284 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
285 commits a felony of the first degree, punishable as provided in
286 s. 775.082, s. 775.083, or s. 775.084.
287 2. A controlled substance named or described in s.
288 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
289 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
290 the second degree, punishable as provided in s. 775.082, s.
291 775.083, or s. 775.084.
292 3. Any other controlled substance, except as lawfully sold,
293 manufactured, or delivered, must be sentenced to pay a $500 fine
294 and to serve 100 hours of public service in addition to any
295 other penalty prescribed by law.
296 (f) Except as authorized by this chapter, it is unlawful
297 for any person to sell, manufacture, or deliver, or possess with
298 intent to sell, manufacture, or deliver, a controlled substance
299 in, on, or within 1,000 feet of the real property comprising a
300 public housing facility at any time. For purposes of this
301 section, the term “real property comprising a public housing
302 facility” means real property, as defined in s. 421.03(12), of a
303 public corporation created as a housing authority pursuant to
304 part I of chapter 421. Any person who violates this paragraph
305 with respect to:
306 1. A controlled substance named or described in s.
307 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
308 commits a felony of the first degree, punishable as provided in
309 s. 775.082, s. 775.083, or s. 775.084.
310 2. A controlled substance named or described in s.
311 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
312 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
313 the second degree, punishable as provided in s. 775.082, s.
314 775.083, or s. 775.084.
315 3. Any other controlled substance, except as lawfully sold,
316 manufactured, or delivered, must be sentenced to pay a $500 fine
317 and to serve 100 hours of public service in addition to any
318 other penalty prescribed by law.
319 (g) Except as authorized by this chapter, it is unlawful
320 for any person to manufacture methamphetamine or phencyclidine,
321 or possess any listed chemical as defined in s. 893.033 in
322 violation of s. 893.149 and with intent to manufacture
323 methamphetamine or phencyclidine. If any person violates this
324 paragraph and:
325 1. The commission or attempted commission of the crime
326 occurs in a structure or conveyance where any child under 16
327 years of age is present, the person commits a felony of the
328 first degree, punishable as provided in s. 775.082, s. 775.083,
329 or s. 775.084. In addition, the defendant must be sentenced to a
330 minimum term of imprisonment of 5 calendar years.
331 2. The commission of the crime causes any child under 16
332 years of age to suffer great bodily harm, the person commits a
333 felony of the first degree, punishable as provided in s.
334 775.082, s. 775.083, or s. 775.084. In addition, the defendant
335 must be sentenced to a minimum term of imprisonment of 10
336 calendar years.
337 (h) Except as authorized by this chapter, it is unlawful
338 for any person to sell, manufacture, or deliver, or possess with
339 intent to sell, manufacture, or deliver, a controlled substance
340 in, on, or within 1,000 feet of the real property comprising an
341 assisted living facility, as that term is used in chapter 429.
342 Any person who violates this paragraph with respect to:
343 1. A controlled substance named or described in s.
344 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
345 commits a felony of the first degree, punishable as provided in
346 s. 775.082, s. 775.083, or s. 775.084.
347 2. A controlled substance named or described in s.
348 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
349 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
350 the second degree, punishable as provided in s. 775.082, s.
351 775.083, or s. 775.084.
352 (2)(a) Except as authorized by this chapter and chapter
353 499, it is unlawful for any person to purchase, or possess with
354 intent to purchase, a controlled substance. Any person who
355 violates this provision with respect to:
356 1. A controlled substance named or described in s.
357 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
358 commits a felony of the second degree, punishable as provided in
359 s. 775.082, s. 775.083, or s. 775.084.
360 2. A controlled substance named or described in s.
361 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
362 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
363 the third degree, punishable as provided in s. 775.082, s.
364 775.083, or s. 775.084.
365 3. A controlled substance named or described in s.
366 893.03(5) commits a misdemeanor of the first degree, punishable
367 as provided in s. 775.082 or s. 775.083.
368 (b) Except as provided in this chapter, it is unlawful to
369 purchase in excess of 10 grams of any substance named or
370 described in s. 893.03(1)(a) or (1)(b), or any combination
371 thereof, or any mixture containing any such substance. Any
372 person who violates this paragraph commits a felony of the first
373 degree, punishable as provided in s. 775.082, s. 775.083, or s.
374 775.084.
375 (3) Any person who delivers, without consideration, not
376 more than 20 grams of cannabis, as defined in this chapter,
377 commits a misdemeanor of the first degree, punishable as
378 provided in s. 775.082 or s. 775.083. For the purposes of this
379 paragraph, “cannabis” does not include the resin extracted from
380 the plants of the genus Cannabis or any compound manufacture,
381 salt, derivative, mixture, or preparation of such resin.
382 (4) Except as authorized by this chapter, it is unlawful
383 for any person 18 years of age or older to deliver any
384 controlled substance to a person under the age of 18 years, or
385 to use or hire a person under the age of 18 years as an agent or
386 employee in the sale or delivery of such a substance, or to use
387 such person to assist in avoiding detection or apprehension for
388 a violation of this chapter. Any person who violates this
389 provision with respect to:
390 (a) A controlled substance named or described in s.
391 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
392 commits a felony of the first degree, punishable as provided in
393 s. 775.082, s. 775.083, or s. 775.084.
394 (b) A controlled substance named or described in s.
395 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
396 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
397 the second degree, punishable as provided in s. 775.082, s.
398 775.083, or s. 775.084.
399
400 Imposition of sentence may not be suspended or deferred, nor
401 shall the person so convicted be placed on probation.
402 (5) It is unlawful for any person to bring into this state
403 any controlled substance unless the possession of such
404 controlled substance is authorized by this chapter or unless
405 such person is licensed to do so by the appropriate federal
406 agency. Any person who violates this provision with respect to:
407 (a) A controlled substance named or described in s.
408 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
409 commits a felony of the second degree, punishable as provided in
410 s. 775.082, s. 775.083, or s. 775.084.
411 (b) A controlled substance named or described in s.
412 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
413 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
414 the third degree, punishable as provided in s. 775.082, s.
415 775.083, or s. 775.084.
416 (c) A controlled substance named or described in s.
417 893.03(5) commits a misdemeanor of the first degree, punishable
418 as provided in s. 775.082 or s. 775.083.
419 (6)(a) It is unlawful for any person to be in actual or
420 constructive possession of a controlled substance unless such
421 controlled substance was lawfully obtained from a practitioner
422 or pursuant to a valid prescription or order of a practitioner
423 while acting in the course of his or her professional practice
424 or to be in actual or constructive possession of a controlled
425 substance except as otherwise authorized by this chapter. Any
426 person who violates this provision commits a felony of the third
427 degree, punishable as provided in s. 775.082, s. 775.083, or s.
428 775.084.
429 (b) If the offense is the possession of not more than 20
430 grams of cannabis, as defined in this chapter, or 3 grams or
431 less of a controlled substance described in s. 893.03(1)(c)46.
432 50. and 114.-142., the person commits a misdemeanor of the first
433 degree, punishable as provided in s. 775.082 or s. 775.083. For
434 the purposes of this subsection, “cannabis” does not include the
435 resin extracted from the plants of the genus Cannabis, or any
436 compound manufacture, salt, derivative, mixture, or preparation
437 of such resin, and a controlled substance described in s.
438 893.03(1)(c)46.-50. and 114.-142. does not include the substance
439 in a powdered form.
440 (c) Except as provided in this chapter, it is unlawful to
441 possess in excess of 10 grams of any substance named or
442 described in s. 893.03(1)(a) or (1)(b), or any combination
443 thereof, or any mixture containing any such substance. Any
444 person who violates this paragraph commits a felony of the first
445 degree, punishable as provided in s. 775.082, s. 775.083, or s.
446 775.084.
447 (d) Notwithstanding any provision to the contrary of the
448 laws of this state relating to arrest, a law enforcement officer
449 may arrest without warrant any person who the officer has
450 probable cause to believe is violating the provisions of this
451 chapter relating to possession of cannabis.
452 Section 3. For the purpose of incorporating the amendment
453 made by this act to section 893.03, Florida Statutes, in a
454 reference thereto, paragraphs (b) through (e) of subsection (3)
455 of section 921.0022, Florida Statutes, are reenacted to read:
456 921.0022 Criminal Punishment Code; offense severity ranking
457 chart.—
458 (3) OFFENSE SEVERITY RANKING CHART
459 (b) LEVEL 2
460 FloridaStatute FelonyDegree Description
461 379.2431 (1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
462 379.2431 (1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
463 403.413(5)(c) 3rd Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste.
464 517.07(2) 3rd Failure to furnish a prospectus meeting requirements.
465 590.28(1) 3rd Intentional burning of lands.
466 784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
467 787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
468 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
469 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
470 810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
471 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or more but less than $5,000.
472 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.
473 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
474 817.234(1)(a)2. 3rd False statement in support of insurance claim.
475 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
476 817.52(3) 3rd Failure to redeliver hired vehicle.
477 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
478 817.60(5) 3rd Dealing in credit cards of another.
479 817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
480 817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
481 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
482 831.01 3rd Forgery.
483 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
484 831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
485 831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
486 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
487 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
488 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
489 843.08 3rd Falsely impersonating an officer.
490 893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs other than cannabis.
491 893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
492 (c) LEVEL 3
493 FloridaStatute FelonyDegree Description
494 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
495 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
496 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
497 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
498 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
499 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
500 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
501 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
502 327.35(2)(b) 3rd Felony BUI.
503 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
504 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
505 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
506 379.2431 (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.
507 379.2431 (1)(e)6. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
508 400.9935(4) 3rd Operating a clinic without a license or filing false license application or other required information.
509 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
510 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
511 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
512 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
513 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
514 697.08 3rd Equity skimming.
515 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
516 796.05(1) 3rd Live on earnings of a prostitute.
517 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
518 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
519 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
520 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
521 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
522 815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
523 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
524 817.233 3rd Burning to defraud insurer.
525 817.234 (8)(b)-(c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
526 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
527 817.236 3rd Filing a false motor vehicle insurance application.
528 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
529 817.413(2) 3rd Sale of used goods as new.
530 817.505(4) 3rd Patient brokering.
531 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
532 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
533 831.29 2nd Possession of instruments for counterfeiting drivers’ licenses or identification cards.
534 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
535 843.19 3rd Injure, disable, or kill police dog or horse.
536 860.15(3) 3rd Overcharging for repairs and parts.
537 870.01(2) 3rd Riot; inciting or encouraging.
538 893.13(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).
539 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of university.
540 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of public housing facility.
541 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
542 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
543 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
544 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
545 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
546 893.13(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.
547 893.13(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.
548 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
549 893.13(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.
550 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
551 944.47 (1)(a)1.-2. 3rd Introduce contraband to correctional facility.
552 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
553 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
554 (d) LEVEL 4
555 FloridaStatute FelonyDegree Description
556 316.1935(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.
557 499.0051(1) 3rd Failure to maintain or deliver pedigree papers.
558 499.0051(2) 3rd Failure to authenticate pedigree papers.
559 499.0051(6) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
560 517.07(1) 3rd Failure to register securities.
561 517.12(1) 3rd Failure of dealer, associated person, or issuer of securities to register.
562 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
563 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
564 784.075 3rd Battery on detention or commitment facility staff.
565 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
566 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
567 784.081(3) 3rd Battery on specified official or employee.
568 784.082(3) 3rd Battery by detained person on visitor or other detainee.
569 784.083(3) 3rd Battery on code inspector.
570 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
571 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
572 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
573 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
574 787.07 3rd Human smuggling.
575 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
576 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
577 790.115(2)(c) 3rd Possessing firearm on school property.
578 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
579 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
580 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
581 810.06 3rd Burglary; possession of tools.
582 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
583 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
584 812.014 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
585 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
586 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
587 817.568(2)(a) 3rd Fraudulent use of personal identification information.
588 817.625(2)(a) 3rd Fraudulent use of scanning device or reencoder.
589 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
590 837.02(1) 3rd Perjury in official proceedings.
591 837.021(1) 3rd Make contradictory statements in official proceedings.
592 838.022 3rd Official misconduct.
593 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
594 839.13(2)(c) 3rd Falsifying records of the Department of Children and Family Services.
595 843.021 3rd Possession of a concealed handcuff key by a person in custody.
596 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
597 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
598 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
599 874.05(1) 3rd Encouraging or recruiting another to join a criminal gang.
600 893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs).
601 914.14(2) 3rd Witnesses accepting bribes.
602 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
603 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
604 918.12 3rd Tampering with jurors.
605 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
606 (e) LEVEL 5
607 FloridaStatute FelonyDegree Description
608 316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
609 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
610 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
611 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
612 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
613 379.3671(2)(c)3. 3rd Willful molestation, possession, or removal of a commercial harvester’s trap contents or trap gear by another harvester.
614 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
615 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
616 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
617 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
618 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
619 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
620 790.01(2) 3rd Carrying a concealed firearm.
621 790.162 2nd Threat to throw or discharge destructive device.
622 790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
623 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
624 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
625 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
626 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years or older.
627 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
628 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
629 812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
630 812.019(1) 2nd Stolen property; dealing in or trafficking in.
631 812.131(2)(b) 3rd Robbery by sudden snatching.
632 812.16(2) 3rd Owning, operating, or conducting a chop shop.
633 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
634 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
635 817.2341(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.
636 817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more individuals.
637 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
638 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
639 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
640 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
641 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
642 843.01 3rd Resist officer with violence to person; resist arrest with violence.
643 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
644 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
645 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
646 874.05(2) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
647 893.13(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).
648 893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
649 893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university.
650 893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
651 893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of public housing facility.
652 893.13(4)(b) 2nd Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
653 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
654
655 Section 4. This act shall take effect October 1, 2013.