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.