Florida Senate - 2013 CS for CS for SB 1448
By the Committees on Criminal Justice; and Health Policy; and
Senator Smith
591-03851-13 20131448c2
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.
99 893.135 involving any controlled substance described in
100 subparagraph 3. or subparagraph 4., the controlled substance is
101 a Schedule III controlled substance pursuant to this paragraph
102 but the weight of the controlled substance per milliliters or
103 per dosage unit is not relevant to the charging of a violation
104 of s. 893.135. The weight of the controlled substance shall be
105 determined 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) Human growth hormone (HGH).
182 (j) Somatropin.
183 (k) Growth hormone releasing hormone (GHRH, Sermorelin).
184 Section 2. For the purpose of incorporating the amendment
185 made by this act to section 893.03, Florida Statutes, in a
186 reference thereto, subsections (1) through (6) of section
187 893.13, Florida Statutes, are reenacted to read:
188 893.13 Prohibited acts; penalties.—
189 (1)(a) Except as authorized by this chapter and chapter
190 499, it is unlawful for any person to sell, manufacture, or
191 deliver, or possess with intent to sell, manufacture, or
192 deliver, a controlled substance. Any person who violates this
193 provision with respect to:
194 1. A controlled substance named or described in s.
195 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
196 commits a felony of the second degree, punishable as provided in
197 s. 775.082, s. 775.083, or s. 775.084.
198 2. A controlled substance named or described in s.
199 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
200 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
201 the third degree, punishable as provided in s. 775.082, s.
202 775.083, or s. 775.084.
203 3. A controlled substance named or described in s.
204 893.03(5) commits a misdemeanor of the first degree, punishable
205 as provided in s. 775.082 or s. 775.083.
206 (b) Except as provided in this chapter, it is unlawful to
207 sell or deliver in excess of 10 grams of any substance named or
208 described in s. 893.03(1)(a) or (1)(b), or any combination
209 thereof, or any mixture containing any such substance. Any
210 person who violates this paragraph commits a felony of the first
211 degree, punishable as provided in s. 775.082, s. 775.083, or s.
212 775.084.
213 (c) Except as authorized by this chapter, it is unlawful
214 for any person to sell, manufacture, or deliver, or possess with
215 intent to sell, manufacture, or deliver, a controlled substance
216 in, on, or within 1,000 feet of the real property comprising a
217 child care facility as defined in s. 402.302 or a public or
218 private elementary, middle, or secondary school between the
219 hours of 6 a.m. and 12 midnight, or at any time in, on, or
220 within 1,000 feet of real property comprising a state, county,
221 or municipal park, a community center, or a publicly owned
222 recreational facility. For the purposes of this paragraph, the
223 term “community center” means a facility operated by a nonprofit
224 community-based organization for the provision of recreational,
225 social, or educational services to the public. Any person who
226 violates this paragraph with respect to:
227 1. A controlled substance named or described in s.
228 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
229 commits a felony of the first degree, punishable as provided in
230 s. 775.082, s. 775.083, or s. 775.084. The defendant must be
231 sentenced to a minimum term of imprisonment of 3 calendar years
232 unless the offense was committed within 1,000 feet of the real
233 property comprising a child care facility as defined in s.
234 402.302.
235 2. A controlled substance named or described in s.
236 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
237 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
238 the second degree, punishable as provided in s. 775.082, s.
239 775.083, or s. 775.084.
240 3. Any other controlled substance, except as lawfully sold,
241 manufactured, or delivered, must be sentenced to pay a $500 fine
242 and to serve 100 hours of public service in addition to any
243 other penalty prescribed by law.
244
245 This paragraph does not apply to a child care facility
246 unless the owner or operator of the facility posts a sign that
247 is not less than 2 square feet in size with a word legend
248 identifying the facility as a licensed child care facility and
249 that is posted on the property of the child care facility in a
250 conspicuous place where the sign is reasonably visible to the
251 public.
252 (d) Except as authorized by this chapter, it is unlawful
253 for any person to sell, manufacture, or deliver, or possess with
254 intent to sell, manufacture, or deliver, a controlled substance
255 in, on, or within 1,000 feet of the real property comprising a
256 public or private college, university, or other postsecondary
257 educational institution. Any person who violates this paragraph
258 with respect to:
259 1. A controlled substance named or described in s.
260 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
261 commits a felony of the first degree, punishable as provided in
262 s. 775.082, s. 775.083, or s. 775.084.
263 2. A controlled substance named or described in s.
264 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
265 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
266 the second degree, punishable as provided in s. 775.082, s.
267 775.083, or s. 775.084.
268 3. Any other controlled substance, except as lawfully sold,
269 manufactured, or delivered, must be sentenced to pay a $500 fine
270 and to serve 100 hours of public service in addition to any
271 other penalty prescribed by law.
272 (e) Except as authorized by this chapter, it is unlawful
273 for any person to sell, manufacture, or deliver, or possess with
274 intent to sell, manufacture, or deliver, a controlled substance
275 not authorized by law in, on, or within 1,000 feet of a physical
276 place for worship at which a church or religious organization
277 regularly conducts religious services or within 1,000 feet of a
278 convenience business as defined in s. 812.171. Any person who
279 violates this paragraph with respect to:
280 1. A controlled substance named or described in s.
281 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
282 commits a felony of the first degree, punishable as provided in
283 s. 775.082, s. 775.083, or s. 775.084.
284 2. A controlled substance named or described in s.
285 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
286 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
287 the second degree, punishable as provided in s. 775.082, s.
288 775.083, or s. 775.084.
289 3. Any other controlled substance, except as lawfully sold,
290 manufactured, or delivered, must be sentenced to pay a $500 fine
291 and to serve 100 hours of public service in addition to any
292 other penalty prescribed by law.
293 (f) Except as authorized by this chapter, it is unlawful
294 for any person to sell, manufacture, or deliver, or possess with
295 intent to sell, manufacture, or deliver, a controlled substance
296 in, on, or within 1,000 feet of the real property comprising a
297 public housing facility at any time. For purposes of this
298 section, the term “real property comprising a public housing
299 facility” means real property, as defined in s. 421.03(12), of a
300 public corporation created as a housing authority pursuant to
301 part I of chapter 421. Any person who violates this paragraph
302 with respect to:
303 1. A controlled substance named or described in s.
304 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
305 commits a felony of the first degree, punishable as provided in
306 s. 775.082, s. 775.083, or s. 775.084.
307 2. A controlled substance named or described in s.
308 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
309 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
310 the second degree, punishable as provided in s. 775.082, s.
311 775.083, or s. 775.084.
312 3. Any other controlled substance, except as lawfully sold,
313 manufactured, or delivered, must be sentenced to pay a $500 fine
314 and to serve 100 hours of public service in addition to any
315 other penalty prescribed by law.
316 (g) Except as authorized by this chapter, it is unlawful
317 for any person to manufacture methamphetamine or phencyclidine,
318 or possess any listed chemical as defined in s. 893.033 in
319 violation of s. 893.149 and with intent to manufacture
320 methamphetamine or phencyclidine. If any person violates this
321 paragraph and:
322 1. The commission or attempted commission of the crime
323 occurs in a structure or conveyance where any child under 16
324 years of age is present, the person commits a felony of the
325 first degree, punishable as provided in s. 775.082, s. 775.083,
326 or s. 775.084. In addition, the defendant must be sentenced to a
327 minimum term of imprisonment of 5 calendar years.
328 2. The commission of the crime causes any child under 16
329 years of age to suffer great bodily harm, the person commits a
330 felony of the first degree, punishable as provided in s.
331 775.082, s. 775.083, or s. 775.084. In addition, the defendant
332 must be sentenced to a minimum term of imprisonment of 10
333 calendar years.
334 (h) Except as authorized by this chapter, it is unlawful
335 for any person to sell, manufacture, or deliver, or possess with
336 intent to sell, manufacture, or deliver, a controlled substance
337 in, on, or within 1,000 feet of the real property comprising an
338 assisted living facility, as that term is used in chapter 429.
339 Any person who violates this paragraph with respect to:
340 1. A controlled substance named or described in s.
341 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
342 commits a felony of the first degree, punishable as provided in
343 s. 775.082, s. 775.083, or s. 775.084.
344 2. A controlled substance named or described in s.
345 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
346 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
347 the second degree, punishable as provided in s. 775.082, s.
348 775.083, or s. 775.084.
349 (2)(a) Except as authorized by this chapter and chapter
350 499, it is unlawful for any person to purchase, or possess with
351 intent to purchase, a controlled substance. Any person who
352 violates this provision with respect to:
353 1. A controlled substance named or described in s.
354 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
355 commits a felony of the second degree, punishable as provided in
356 s. 775.082, s. 775.083, or s. 775.084.
357 2. A controlled substance named or described in s.
358 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
359 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
360 the third degree, punishable as provided in s. 775.082, s.
361 775.083, or s. 775.084.
362 3. A controlled substance named or described in s.
363 893.03(5) commits a misdemeanor of the first degree, punishable
364 as provided in s. 775.082 or s. 775.083.
365 (b) Except as provided in this chapter, it is unlawful to
366 purchase in excess of 10 grams of any substance named or
367 described in s. 893.03(1)(a) or (1)(b), or any combination
368 thereof, or any mixture containing any such substance. Any
369 person who violates this paragraph commits a felony of the first
370 degree, punishable as provided in s. 775.082, s. 775.083, or s.
371 775.084.
372 (3) Any person who delivers, without consideration, not
373 more than 20 grams of cannabis, as defined in this chapter,
374 commits a misdemeanor of the first degree, punishable as
375 provided in s. 775.082 or s. 775.083. For the purposes of this
376 paragraph, “cannabis” does not include the resin extracted from
377 the plants of the genus Cannabis or any compound manufacture,
378 salt, derivative, mixture, or preparation of such resin.
379 (4) Except as authorized by this chapter, it is unlawful
380 for any person 18 years of age or older to deliver any
381 controlled substance to a person under the age of 18 years, or
382 to use or hire a person under the age of 18 years as an agent or
383 employee in the sale or delivery of such a substance, or to use
384 such person to assist in avoiding detection or apprehension for
385 a violation of this chapter. Any person who violates this
386 provision with respect to:
387 (a) A controlled substance named or described in s.
388 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
389 commits a felony of the first degree, punishable as provided in
390 s. 775.082, s. 775.083, or s. 775.084.
391 (b) A controlled substance named or described in s.
392 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
393 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
394 the second degree, punishable as provided in s. 775.082, s.
395 775.083, or s. 775.084.
396
397 Imposition of sentence may not be suspended or deferred,
398 nor shall the person so convicted be placed on probation.
399 (5) It is unlawful for any person to bring into this state
400 any controlled substance unless the possession of such
401 controlled substance is authorized by this chapter or unless
402 such person is licensed to do so by the appropriate federal
403 agency. Any person who violates this provision with respect to:
404 (a) A controlled substance named or described in s.
405 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
406 commits a felony of the second degree, punishable as provided in
407 s. 775.082, s. 775.083, or s. 775.084.
408 (b) A controlled substance named or described in s.
409 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
410 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
411 the third degree, punishable as provided in s. 775.082, s.
412 775.083, or s. 775.084.
413 (c) A controlled substance named or described in s.
414 893.03(5) commits a misdemeanor of the first degree, punishable
415 as provided in s. 775.082 or s. 775.083.
416 (6)(a) It is unlawful for any person to be in actual or
417 constructive possession of a controlled substance unless such
418 controlled substance was lawfully obtained from a practitioner
419 or pursuant to a valid prescription or order of a practitioner
420 while acting in the course of his or her professional practice
421 or to be in actual or constructive possession of a controlled
422 substance except as otherwise authorized by this chapter. Any
423 person who violates this provision commits a felony of the third
424 degree, punishable as provided in s. 775.082, s. 775.083, or s.
425 775.084.
426 (b) If the offense is the possession of not more than 20
427 grams of cannabis, as defined in this chapter, or 3 grams or
428 less of a controlled substance described in s. 893.03(1)(c)46.
429 50. and 114.-142., the person commits a misdemeanor of the first
430 degree, punishable as provided in s. 775.082 or s. 775.083. For
431 the purposes of this subsection, “cannabis” does not include the
432 resin extracted from the plants of the genus Cannabis, or any
433 compound manufacture, salt, derivative, mixture, or preparation
434 of such resin, and a controlled substance described in s.
435 893.03(1)(c)46.-50. and 114.-142. does not include the substance
436 in a powdered form.
437 (c) Except as provided in this chapter, it is unlawful to
438 possess in excess of 10 grams of any substance named or
439 described in s. 893.03(1)(a) or (1)(b), or any combination
440 thereof, or any mixture containing any such substance. Any
441 person who violates this paragraph commits a felony of the first
442 degree, punishable as provided in s. 775.082, s. 775.083, or s.
443 775.084.
444 (d) Notwithstanding any provision to the contrary of the
445 laws of this state relating to arrest, a law enforcement officer
446 may arrest without warrant any person who the officer has
447 probable cause to believe is violating the provisions of this
448 chapter relating to possession of cannabis.
449 Section 3. For the purpose of incorporating the amendment
450 made by this act to section 893.03, Florida Statutes, in a
451 reference thereto, paragraphs (b) through (e) of subsection (3)
452 of section 921.0022, Florida Statutes, are reenacted to read:
453 921.0022 Criminal Punishment Code; offense severity ranking
454 chart.—
455 (3) OFFENSE SEVERITY RANKING CHART
456 (b) LEVEL 2
457 FloridaStatute FelonyDegree Description
458 379.2431 (1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
459 379.2431 (1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
460 403.413(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.
461 517.07(2) 3rd Failure to furnish a prospectus meeting requirements.
462 590.28(1) 3rd Intentional burning of lands.
463 784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
464 787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
465 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
466 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
467 810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
468 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or more but less than $5,000.
469 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.
470 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
471 817.234(1)(a)2. 3rd False statement in support of insurance claim.
472 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
473 817.52(3) 3rd Failure to redeliver hired vehicle.
474 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
475 817.60(5) 3rd Dealing in credit cards of another.
476 817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
477 817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
478 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
479 831.01 3rd Forgery.
480 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
481 831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
482 831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
483 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
484 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
485 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
486 843.08 3rd Falsely impersonating an officer.
487 893.13(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.
488 893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
489 (c) LEVEL 3
490 FloridaStatute FelonyDegree Description
491 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
492 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
493 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
494 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
495 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
496 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
497 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
498 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
499 327.35(2)(b) 3rd Felony BUI.
500 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
501 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
502 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
503 379.2431 (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.
504 379.2431 (1)(e)6. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
505 400.9935(4) 3rd Operating a clinic without a license or filing false license application or other required information.
506 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
507 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
508 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
509 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
510 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
511 697.08 3rd Equity skimming.
512 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
513 796.05(1) 3rd Live on earnings of a prostitute.
514 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
515 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
516 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
517 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
518 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
519 815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
520 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
521 817.233 3rd Burning to defraud insurer.
522 817.234 (8)(b)-(c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
523 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
524 817.236 3rd Filing a false motor vehicle insurance application.
525 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
526 817.413(2) 3rd Sale of used goods as new.
527 817.505(4) 3rd Patient brokering.
528 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
529 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
530 831.29 2nd Possession of instruments for counterfeiting drivers’ licenses or identification cards.
531 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
532 843.19 3rd Injure, disable, or kill police dog or horse.
533 860.15(3) 3rd Overcharging for repairs and parts.
534 870.01(2) 3rd Riot; inciting or encouraging.
535 893.13(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).
536 893.13(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.
537 893.13(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.
538 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
539 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
540 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
541 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
542 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
543 893.13(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.
544 893.13(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.
545 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
546 893.13(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.
547 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
548 944.47 (1)(a)1.-2. 3rd Introduce contraband to correctional facility.
549 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
550 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
551 (d) LEVEL 4
552 FloridaStatute FelonyDegree Description
553 316.1935(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.
554 499.0051(1) 3rd Failure to maintain or deliver pedigree papers.
555 499.0051(2) 3rd Failure to authenticate pedigree papers.
556 499.0051(6) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
557 517.07(1) 3rd Failure to register securities.
558 517.12(1) 3rd Failure of dealer, associated person, or issuer of securities to register.
559 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
560 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
561 784.075 3rd Battery on detention or commitment facility staff.
562 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
563 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
564 784.081(3) 3rd Battery on specified official or employee.
565 784.082(3) 3rd Battery by detained person on visitor or other detainee.
566 784.083(3) 3rd Battery on code inspector.
567 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
568 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
569 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
570 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
571 787.07 3rd Human smuggling.
572 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
573 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
574 790.115(2)(c) 3rd Possessing firearm on school property.
575 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
576 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
577 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
578 810.06 3rd Burglary; possession of tools.
579 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
580 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
581 812.014 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
582 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
583 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
584 817.568(2)(a) 3rd Fraudulent use of personal identification information.
585 817.625(2)(a) 3rd Fraudulent use of scanning device or reencoder.
586 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
587 837.02(1) 3rd Perjury in official proceedings.
588 837.021(1) 3rd Make contradictory statements in official proceedings.
589 838.022 3rd Official misconduct.
590 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
591 839.13(2)(c) 3rd Falsifying records of the Department of Children and Family Services.
592 843.021 3rd Possession of a concealed handcuff key by a person in custody.
593 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
594 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
595 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
596 874.05(1) 3rd Encouraging or recruiting another to join a criminal gang.
597 893.13(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).
598 914.14(2) 3rd Witnesses accepting bribes.
599 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
600 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
601 918.12 3rd Tampering with jurors.
602 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
603 (e) LEVEL 5
604 FloridaStatute FelonyDegree Description
605 316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
606 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
607 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
608 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
609 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
610 379.3671(2)(c)3. 3rd Willful molestation, possession, or removal of a commercial harvester’s trap contents or trap gear by another harvester.
611 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
612 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
613 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
614 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
615 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
616 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
617 790.01(2) 3rd Carrying a concealed firearm.
618 790.162 2nd Threat to throw or discharge destructive device.
619 790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
620 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
621 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
622 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
623 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years or older.
624 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
625 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
626 812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
627 812.019(1) 2nd Stolen property; dealing in or trafficking in.
628 812.131(2)(b) 3rd Robbery by sudden snatching.
629 812.16(2) 3rd Owning, operating, or conducting a chop shop.
630 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
631 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
632 817.2341(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.
633 817.568(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.
634 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
635 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
636 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
637 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
638 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
639 843.01 3rd Resist officer with violence to person; resist arrest with violence.
640 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
641 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
642 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
643 874.05(2) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
644 893.13(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).
645 893.13(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.
646 893.13(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.
647 893.13(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.
648 893.13(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.
649 893.13(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).
650 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
651 Section 4. This act shall take effect July 1, 2013.