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Senate Bill 2160

Senate Bill sb2160

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2160

    By Senator Peaden





    2-1690-04

  1                      A bill to be entitled

  2         An act relating to controlled substances;

  3         amending s. 893.033, F.S.; adding anhydrous

  4         ammonia to the listed essential chemicals that

  5         may be used to manufacture controlled

  6         substances; amending s. 893.06, F.S.; providing

  7         that it is a third-degree felony to store

  8         anhydrous ammonia in a container that does not

  9         meet certain safety standards; providing an

10         exception; amending s. 893.13, F.S.; providing

11         that it is a first-degree felony to

12         manufacture, or to possess with intent to

13         manufacture, methamphetamine or phencyclidine

14         within 1,000 feet of any real property in which

15         a child under the age of 16 years is present;

16         requiring that the defendant be sentenced to a

17         minimum term of imprisonment under certain

18         circumstances; amending s. 893.135, F.S.;

19         providing that possession of a specified weight

20         of pseudoephedrine is a felony of the first

21         degree; providing additional penalties;

22         amending s. 893.149, F.S.; providing that

23         possession of more than a specified weight of

24         certain drugs creates a rebuttable presumption

25         that the person intends to use the drug product

26         as a precursor to certain controlled

27         substances; providing that the rebuttable

28         presumption does not apply to a person who

29         lawfully possesses the drug product in the

30         course of a legitimate business; reenacting s.

31         775.087(2) and (3), F.S., relating to

                                  1

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    Florida Senate - 2004                                  SB 2160
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 1         possession and use of a weapon, reenacting s.

 2         782.04(1), (3), and (4), F.S., relating to

 3         murder, and reenacting s. 921.0022(3)(g), (h),

 4         and (i), F.S., relating to the Criminal

 5         Punishment Code, to incorporate the amendment

 6         to s. 893.135, F.S., in references thereto;

 7         providing an effective date.

 8  

 9  Be It Enacted by the Legislature of the State of Florida:

10  

11         Section 1.  Subsection (2) of section 893.033, Florida

12  Statutes, is amended to read:

13         893.033  Listed chemicals.--The chemicals listed in

14  this section are included by whatever official, common, usual,

15  chemical, or trade name designated.

16         (2)  ESSENTIAL CHEMICALS.--The term "listed essential

17  chemical" means a chemical that may be used as a solvent,

18  reagent, or catalyst in manufacturing a controlled substance

19  in violation of this chapter. The following are "listed

20  essential chemicals":

21         (a)  Acetic anhydride.

22         (b)  Acetone.

23         (c)  Anhydrous ammonia.

24         (d)(c)  2-Butanone.

25         (e)(d)  Ethyl ether.

26         (f)(e)  Hydriodic acid.

27         (g)(f)  Potassium permanganate.

28         (h)(g)  Toluene.

29         Section 2.  Section 893.06, Florida Statutes, is

30  amended to read:

31  

                                  2

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    Florida Senate - 2004                                  SB 2160
    2-1690-04




 1         893.06  Distribution of controlled substances and

 2  anhydrous ammonia; order forms; labeling and packaging

 3  requirements.--

 4         (1)  Controlled substances in Schedules I and II shall

 5  be distributed by a duly licensed manufacturer, distributor,

 6  or wholesaler to a duly licensed manufacturer, wholesaler,

 7  distributor, practitioner, pharmacy, as defined in chapter

 8  465, hospital, or laboratory only pursuant to an order form.

 9  It shall be deemed a compliance with this subsection if the

10  parties to the transaction have complied with federal law

11  respecting the use of order forms.

12         (2)  Possession or control of controlled substances

13  obtained as authorized by this section is shall be lawful if

14  in the regular course of business, occupation, profession,

15  employment, or duty.

16         (3)  A person in charge of a hospital or laboratory or

17  in the employ of this state or of any other state, or of any

18  political subdivision thereof, and a master or other proper

19  officer of a ship or aircraft, who obtains controlled

20  substances under the provisions of this section or otherwise,

21  may shall not administer, dispense, or otherwise use such

22  controlled substances within this state, except within the

23  scope of her or his employment or official duty, and then only

24  for scientific or medicinal purposes and subject to the

25  provisions of this chapter.

26         (4)  It is shall be unlawful to distribute a controlled

27  substance in a commercial container unless the such container

28  bears a label showing the name and address of the

29  manufacturer, the quantity, kind, and form of controlled

30  substance contained therein, and the identifying symbol for

31  the such substance, as required by federal law. No person

                                  3

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    Florida Senate - 2004                                  SB 2160
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 1  except a pharmacist, for the purpose of dispensing a

 2  prescription, or a practitioner, for the purpose of dispensing

 3  a controlled substance to a patient, shall alter, deface, or

 4  remove any labels so affixed.

 5         (5)(a)  It is unlawful to store anhydrous ammonia in a

 6  container that:

 7         1.  Is not approved by the United States Department of

 8  Transportation to hold anhydrous ammonia; or

 9         2.  Is not constructed to meet state and federal

10  industrial health and safety standards for holding anhydrous

11  ammonia.

12         (b)  A person who violates paragraph (a) commits a

13  felony of the third degree, punishable as provided in s.

14  775.082, s. 775.083, or s. 775.084.

15         (c)  Paragraph (a) does not apply to a public employee

16  or private contractor authorized to dispose of hazardous

17  wastes or toxic substances under chapter 403.

18         (d)  A person who unlawfully possesses, stores, or

19  tampers with anhydrous ammonia or anhydrous ammonia equipment

20  is responsible for any damages arising from the unlawful

21  behavior.

22         Section 3.  Paragraph (g) is added to subsection (1) of

23  section 893.13, Florida Statutes, to read:

24         893.13  Prohibited acts; penalties.--

25         (1)

26         (g)  Except as authorized by this chapter, it is

27  unlawful for any person to manufacture, or possess with intent

28  to manufacture, methamphetamine or phencyclidine within 1,000

29  feet of any real property in which a child under the age of 16

30  years is present. A person who violates this paragraph commits

31  a felony of the first degree, punishable as provided in s.

                                  4

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    Florida Senate - 2004                                  SB 2160
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 1  775.082, s. 775.083, or s. 775.084, and shall be sentenced to

 2  a minimum term of imprisonment of 3 calendar years. If, during

 3  the commission of the crime, the defendant causes a child

 4  under the age of 16 years to suffer great bodily harm, the

 5  defendant shall be sentenced to a minimum term of imprisonment

 6  of 7 calendar years.

 7         Section 4.  Paragraph (f) of subsection (1) of section

 8  893.135, Florida Statutes, is amended to read:

 9         893.135  Trafficking; mandatory sentences; suspension

10  or reduction of sentences; conspiracy to engage in

11  trafficking.--

12         (1)  Except as authorized in this chapter or in chapter

13  499 and notwithstanding the provisions of s. 893.13:

14         (f)1.  Any person who knowingly sells, purchases,

15  manufactures, delivers, or brings into this state, or who is

16  knowingly in actual or constructive possession of, 14 grams or

17  more of amphetamine, as described in s. 893.03(2)(c)2., or

18  methamphetamine, as described in s. 893.03(2)(c)4., or of any

19  mixture containing amphetamine or methamphetamine, or

20  phenylacetone, phenylacetic acid, pseudoephedrine, or

21  ephedrine in conjunction with other chemicals and equipment

22  utilized in the manufacture of amphetamine or methamphetamine,

23  commits a felony of the first degree, which felony shall be

24  known as "trafficking in amphetamine," punishable as provided

25  in s. 775.082, s. 775.083, or s. 775.084. If the quantity

26  involved:

27         a.  Is 14 grams or more, but less than 28 grams, the

28  such person shall be sentenced to a mandatory minimum term of

29  imprisonment of 3 years, and the defendant shall be ordered to

30  pay a fine of $50,000.

31  

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    Florida Senate - 2004                                  SB 2160
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 1         b.  Is 28 grams or more, but less than 200 grams, the

 2  such person shall be sentenced to a mandatory minimum term of

 3  imprisonment of 7 years, and the defendant shall be ordered to

 4  pay a fine of $100,000.

 5         c.  Is 200 grams or more, the such person shall be

 6  sentenced to a mandatory minimum term of imprisonment of 15

 7  calendar years and pay a fine of $250,000.

 8         2.  Any person who knowingly manufactures or brings

 9  into this state 400 grams or more of amphetamine, as described

10  in s. 893.03(2)(c)2., or methamphetamine, as described in s.

11  893.03(2)(c)4., or of any mixture containing amphetamine or

12  methamphetamine, or phenylacetone, pseudoephedrine,

13  phenylacetic acid, or ephedrine in conjunction with other

14  chemicals and equipment used in the manufacture of amphetamine

15  or methamphetamine, and who knows that the probable result of

16  such manufacture or importation would be the death of any

17  person commits capital manufacture or importation of

18  amphetamine, a capital felony punishable as provided in ss.

19  775.082 and 921.142. Any person sentenced for a capital felony

20  under this paragraph shall also be sentenced to pay the

21  maximum fine provided under subparagraph 1.

22         Section 5.  Section 893.149, Florida Statutes, is

23  amended to read:

24         893.149  Unlawful possession of listed chemical.--

25         (1)  It is unlawful for any person to knowingly or

26  intentionally:

27         (a)  Possess a listed chemical with the intent to

28  unlawfully manufacture a controlled substance;

29         (b)  Possess or distribute a listed chemical knowing,

30  or having reasonable cause to believe, that the listed

31  

                                  6

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    Florida Senate - 2004                                  SB 2160
    2-1690-04




 1  chemical will be used to unlawfully manufacture a controlled

 2  substance.

 3         (2)  Except as provided in this subsection, if a person

 4  possesses a drug product containing more than 24 grams of

 5  ephedrine, pseudoephedrine, or phenylpropanolamine or their

 6  salts, isomers, or salts of isomers, a rebuttable presumption

 7  is created that the person intends to use the drug product as

 8  a precursor to methamphetamine or another controlled

 9  substance. The rebuttable presumption does not apply to a

10  person who lawfully possesses the drug product in the course

11  of a legitimate business.

12         (3)(2)  Any person who violates this section is guilty

13  of a felony of the second degree, punishable as provided in s.

14  775.082, s. 775.083, or s. 775.084.

15         Section 6.  For the purpose of incorporating the

16  amendment made by this act to section 893.135, Florida

17  Statutes, in a reference thereto, paragraph (a) of subsection

18  (2) and paragraph (a) of subsection (3) of section 775.087,

19  Florida Statutes, are reenacted to read:

20         775.087  Possession or use of weapon; aggravated

21  battery; felony reclassification; minimum sentence.--

22         (2)(a)1.  Any person who is convicted of a felony or an

23  attempt to commit a felony, regardless of whether the use of a

24  weapon is an element of the felony, and the conviction was

25  for:

26         a.  Murder;

27         b.  Sexual battery;

28         c.  Robbery;

29         d.  Burglary;

30         e.  Arson;

31         f.  Aggravated assault;

                                  7

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    Florida Senate - 2004                                  SB 2160
    2-1690-04




 1         g.  Aggravated battery;

 2         h.  Kidnapping;

 3         i.  Escape;

 4         j.  Aircraft piracy;

 5         k.  Aggravated child abuse;

 6         l.  Aggravated abuse of an elderly person or disabled

 7  adult;

 8         m.  Unlawful throwing, placing, or discharging of a

 9  destructive device or bomb;

10         n.  Carjacking;

11         o.  Home-invasion robbery;

12         p.  Aggravated stalking;

13         q.  Trafficking in cannabis, trafficking in cocaine,

14  capital importation of cocaine, trafficking in illegal drugs,

15  capital importation of illegal drugs, trafficking in

16  phencyclidine, capital importation of phencyclidine,

17  trafficking in methaqualone, capital importation of

18  methaqualone, trafficking in amphetamine, capital importation

19  of amphetamine, trafficking in flunitrazepam, trafficking in

20  gamma-hydroxybutyric acid (GHB), trafficking in

21  1,4-Butanediol, trafficking in Phenethylamines, or other

22  violation of s. 893.135(1); or

23         r.  Possession of a firearm by a felon

24  

25  and during the commission of the offense, such person actually

26  possessed a "firearm" or "destructive device" as those terms

27  are defined in s. 790.001, shall be sentenced to a minimum

28  term of imprisonment of 10 years, except that a person who is

29  convicted for aggravated assault, possession of a firearm by a

30  felon, or burglary of a conveyance shall be sentenced to a

31  minimum term of imprisonment of 3 years if such person

                                  8

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    Florida Senate - 2004                                  SB 2160
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 1  possessed a "firearm" or "destructive device" during the

 2  commission of the offense.

 3         2.  Any person who is convicted of a felony or an

 4  attempt to commit a felony listed in sub-subparagraphs

 5  (a)1.a.-q., regardless of whether the use of a weapon is an

 6  element of the felony, and during the course of the commission

 7  of the felony such person discharged a "firearm" or

 8  "destructive device" as defined in s. 790.001 shall be

 9  sentenced to a minimum term of imprisonment of 20 years.

10         3.  Any person who is convicted of a felony or an

11  attempt to commit a felony listed in sub-subparagraphs

12  (a)1.a.-q., regardless of whether the use of a weapon is an

13  element of the felony, and during the course of the commission

14  of the felony such person discharged a "firearm" or

15  "destructive device" as defined in s. 790.001 and, as the

16  result of the discharge, death or great bodily harm was

17  inflicted upon any person, the convicted person shall be

18  sentenced to a minimum term of imprisonment of not less than

19  25 years and not more than a term of imprisonment of life in

20  prison.

21  

22  Notwithstanding s. 948.01, adjudication of guilt or imposition

23  of sentence shall not be suspended, deferred, or withheld, and

24  the defendant is not eligible for statutory gain-time under s.

25  944.275 or any form of discretionary early release, other than

26  pardon or executive clemency, or conditional medical release

27  under s. 947.149, prior to serving the minimum sentence.

28         (3)(a)1.  Any person who is convicted of a felony or an

29  attempt to commit a felony, regardless of whether the use of a

30  firearm is an element of the felony, and the conviction was

31  for:

                                  9

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    Florida Senate - 2004                                  SB 2160
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 1         a.  Murder;

 2         b.  Sexual battery;

 3         c.  Robbery;

 4         d.  Burglary;

 5         e.  Arson;

 6         f.  Aggravated assault;

 7         g.  Aggravated battery;

 8         h.  Kidnapping;

 9         i.  Escape;

10         j.  Sale, manufacture, delivery, or intent to sell,

11  manufacture, or deliver any controlled substance;

12         k.  Aircraft piracy;

13         l.  Aggravated child abuse;

14         m.  Aggravated abuse of an elderly person or disabled

15  adult;

16         n.  Unlawful throwing, placing, or discharging of a

17  destructive device or bomb;

18         o.  Carjacking;

19         p.  Home-invasion robbery;

20         q.  Aggravated stalking; or

21         r.  Trafficking in cannabis, trafficking in cocaine,

22  capital importation of cocaine, trafficking in illegal drugs,

23  capital importation of illegal drugs, trafficking in

24  phencyclidine, capital importation of phencyclidine,

25  trafficking in methaqualone, capital importation of

26  methaqualone, trafficking in amphetamine, capital importation

27  of amphetamine, trafficking in flunitrazepam, trafficking in

28  gamma-hydroxybutyric acid (GHB), trafficking in

29  1,4-Butanediol, trafficking in Phenethylamines, or other

30  violation of s. 893.135(1);

31  

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    Florida Senate - 2004                                  SB 2160
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 1  and during the commission of the offense, such person

 2  possessed a semiautomatic firearm and its high-capacity

 3  detachable box magazine or a machine gun as defined in s.

 4  790.001, shall be sentenced to a minimum term of imprisonment

 5  of 15 years.

 6         2.  Any person who is convicted of a felony or an

 7  attempt to commit a felony listed in subparagraph (a)1.,

 8  regardless of whether the use of a weapon is an element of the

 9  felony, and during the course of the commission of the felony

10  such person discharged a semiautomatic firearm and its

11  high-capacity box magazine or a "machine gun" as defined in s.

12  790.001 shall be sentenced to a minimum term of imprisonment

13  of 20 years.

14         3.  Any person who is convicted of a felony or an

15  attempt to commit a felony listed in subparagraph (a)1.,

16  regardless of whether the use of a weapon is an element of the

17  felony, and during the course of the commission of the felony

18  such person discharged a semiautomatic firearm and its

19  high-capacity box magazine or a "machine gun" as defined in s.

20  790.001 and, as the result of the discharge, death or great

21  bodily harm was inflicted upon any person, the convicted

22  person shall be sentenced to a minimum term of imprisonment of

23  not less than 25 years and not more than a term of

24  imprisonment of life in prison.

25  

26  Notwithstanding s. 948.01, adjudication of guilt or imposition

27  of sentence shall not be suspended, deferred, or withheld, and

28  the defendant is not eligible for statutory gain-time under s.

29  944.275 or any form of discretionary early release, other than

30  pardon or executive clemency, or conditional medical release

31  under s. 947.149, prior to serving the minimum sentence.

                                  11

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    Florida Senate - 2004                                  SB 2160
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 1         Section 7.  For the purpose of incorporating the

 2  amendment made by this act to section 893.135, Florida

 3  Statutes, in a reference thereto, subsections (1), (3), and

 4  (4) of section 782.04, Florida Statutes, are reenacted to

 5  read:

 6         782.04  Murder.--

 7         (1)(a)  The unlawful killing of a human being:

 8         1.  When perpetrated from a premeditated design to

 9  effect the death of the person killed or any human being;

10         2.  When committed by a person engaged in the

11  perpetration of, or in the attempt to perpetrate, any:

12         a.  Trafficking offense prohibited by s. 893.135(1),

13         b.  Arson,

14         c.  Sexual battery,

15         d.  Robbery,

16         e.  Burglary,

17         f.  Kidnapping,

18         g.  Escape,

19         h.  Aggravated child abuse,

20         i.  Aggravated abuse of an elderly person or disabled

21  adult,

22         j.  Aircraft piracy,

23         k.  Unlawful throwing, placing, or discharging of a

24  destructive device or bomb,

25         l.  Carjacking,

26         m.  Home-invasion robbery,

27         n.  Aggravated stalking,

28         o.  Murder of another human being,

29         p.  Resisting an officer with violence to his or her

30  person,

31  

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 1         q.  Felony that is an act of terrorism or is in

 2  furtherance of an act of terrorism; or

 3         3.  Which resulted from the unlawful distribution of

 4  any substance controlled under s. 893.03(1), cocaine as

 5  described in s. 893.03(2)(a)4., or opium or any synthetic or

 6  natural salt, compound, derivative, or preparation of opium by

 7  a person 18 years of age or older, when such drug is proven to

 8  be the proximate cause of the death of the user,

 9  

10  is murder in the first degree and constitutes a capital

11  felony, punishable as provided in s. 775.082.

12         (b)  In all cases under this section, the procedure set

13  forth in s. 921.141 shall be followed in order to determine

14  sentence of death or life imprisonment.

15         (3)  When a person is killed in the perpetration of, or

16  in the attempt to perpetrate, any:

17         (a)  Trafficking offense prohibited by s. 893.135(1),

18         (b)  Arson,

19         (c)  Sexual battery,

20         (d)  Robbery,

21         (e)  Burglary,

22         (f)  Kidnapping,

23         (g)  Escape,

24         (h)  Aggravated child abuse,

25         (i)  Aggravated abuse of an elderly person or disabled

26  adult,

27         (j)  Aircraft piracy,

28         (k)  Unlawful throwing, placing, or discharging of a

29  destructive device or bomb,

30         (l)  Carjacking,

31         (m)  Home-invasion robbery,

                                  13

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 1         (n)  Aggravated stalking,

 2         (o)  Murder of another human being,

 3         (p)  Resisting an officer with violence to his or her

 4  person, or

 5         (q)  Felony that is an act of terrorism or is in

 6  furtherance of an act of terrorism,

 7  

 8  by a person other than the person engaged in the perpetration

 9  of or in the attempt to perpetrate such felony, the person

10  perpetrating or attempting to perpetrate such felony is guilty

11  of murder in the second degree, which constitutes a felony of

12  the first degree, punishable by imprisonment for a term of

13  years not exceeding life or as provided in s. 775.082, s.

14  775.083, or s. 775.084.

15         (4)  The unlawful killing of a human being, when

16  perpetrated without any design to effect death, by a person

17  engaged in the perpetration of, or in the attempt to

18  perpetrate, any felony other than any:

19         (a)  Trafficking offense prohibited by s. 893.135(1),

20         (b)  Arson,

21         (c)  Sexual battery,

22         (d)  Robbery,

23         (e)  Burglary,

24         (f)  Kidnapping,

25         (g)  Escape,

26         (h)  Aggravated child abuse,

27         (i)  Aggravated abuse of an elderly person or disabled

28  adult,

29         (j)  Aircraft piracy,

30         (k)  Unlawful throwing, placing, or discharging of a

31  destructive device or bomb,

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 1         (l)  Unlawful distribution of any substance controlled

 2  under s. 893.03(1), cocaine as described in s. 893.03(2)(a)4.,

 3  or opium or any synthetic or natural salt, compound,

 4  derivative, or preparation of opium by a person 18 years of

 5  age or older, when such drug is proven to be the proximate

 6  cause of the death of the user,

 7         (m)  Carjacking,

 8         (n)  Home-invasion robbery,

 9         (o)  Aggravated stalking,

10         (p)  Murder of another human being,

11         (q)  Resisting an officer with violence to his or her

12  person, or

13         (r)  Felony that is an act of terrorism or is in

14  furtherance of an act of terrorism,

15  

16  is murder in the third degree and constitutes a felony of the

17  second degree, punishable as provided in s. 775.082, s.

18  775.083, or s. 775.084.

19         Section 8.  For the purpose of incorporating the

20  amendment made by this act to section 893.135, Florida

21  Statutes, in a reference thereto, paragraphs (g), (h), and (i)

22  of subsection (3) of section 921.0022, Florida Statutes, are

23  reenacted to read:

24         921.0022  Criminal Punishment Code; offense severity

25  ranking chart.--

26         (3)  OFFENSE SEVERITY RANKING CHART

27  

28  Florida           Felony

29  Statute           Degree             Description

30  

31    

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 1                              (g)  LEVEL 7

 2  316.027(1)(b)      2nd      Accident involving death, failure

 3                              to stop; leaving scene.

 4  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

 5                              injury.

 6  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

 7                              bodily injury.

 8  402.319(2)         2nd      Misrepresentation and negligence

 9                              or intentional act resulting in

10                              great bodily harm, permanent

11                              disfiguration, permanent

12                              disability, or death.

13  409.920(2)         3rd      Medicaid provider fraud.

14  456.065(2)         3rd      Practicing a health care

15                              profession without a license.

16  456.065(2)         2nd      Practicing a health care

17                              profession without a license

18                              which results in serious bodily

19                              injury.

20  458.327(1)         3rd      Practicing medicine without a

21                              license.

22  459.013(1)         3rd      Practicing osteopathic medicine

23                              without a license.

24  460.411(1)         3rd      Practicing chiropractic medicine

25                              without a license.

26  461.012(1)         3rd      Practicing podiatric medicine

27                              without a license.

28  462.17             3rd      Practicing naturopathy without a

29                              license.

30  463.015(1)         3rd      Practicing optometry without a

31                              license.

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 1  464.016(1)         3rd      Practicing nursing without a

 2                              license.

 3  465.015(2)         3rd      Practicing pharmacy without a

 4                              license.

 5  466.026(1)         3rd      Practicing dentistry or dental

 6                              hygiene without a license.

 7  467.201            3rd      Practicing midwifery without a

 8                              license.

 9  468.366            3rd      Delivering respiratory care

10                              services without a license.

11  483.828(1)         3rd      Practicing as clinical laboratory

12                              personnel without a license.

13  483.901(9)         3rd      Practicing medical physics

14                              without a license.

15  484.013(1)(c)      3rd      Preparing or dispensing optical

16                              devices without a prescription.

17  484.053            3rd      Dispensing hearing aids without a

18                              license.

19  494.0018(2)        1st      Conviction of any violation of

20                              ss. 494.001-494.0077 in which the

21                              total money and property

22                              unlawfully obtained exceeded

23                              $50,000 and there were five or

24                              more victims.

25  560.123(8)(b)1.    3rd      Failure to report currency or

26                              payment instruments exceeding

27                              $300 but less than $20,000 by

28                              money transmitter.

29  

30  

31  

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 1  560.125(5)(a)      3rd      Money transmitter business by

 2                              unauthorized person, currency or

 3                              payment instruments exceeding

 4                              $300 but less than $20,000.

 5  655.50(10)(b)1.    3rd      Failure to report financial

 6                              transactions exceeding $300 but

 7                              less than $20,000 by financial

 8                              institution.

 9  782.051(3)         2nd      Attempted felony murder of a

10                              person by a person other than the

11                              perpetrator or the perpetrator of

12                              an attempted felony.

13  782.07(1)          2nd      Killing of a human being by the

14                              act, procurement, or culpable

15                              negligence of another

16                              (manslaughter).

17  782.071            2nd      Killing of human being or viable

18                              fetus by the operation of a motor

19                              vehicle in a reckless manner

20                              (vehicular homicide).

21  782.072            2nd      Killing of a human being by the

22                              operation of a vessel in a

23                              reckless manner (vessel

24                              homicide).

25  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

26                              causing great bodily harm or

27                              disfigurement.

28  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

29                              weapon.

30  784.045(1)(b)      2nd      Aggravated battery; perpetrator

31                              aware victim pregnant.

                                  18

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 1  784.048(4)         3rd      Aggravated stalking; violation of

 2                              injunction or court order.

 3  784.07(2)(d)       1st      Aggravated battery on law

 4                              enforcement officer.

 5  784.074(1)(a)      1st      Aggravated battery on sexually

 6                              violent predators facility staff.

 7  784.08(2)(a)       1st      Aggravated battery on a person 65

 8                              years of age or older.

 9  784.081(1)         1st      Aggravated battery on specified

10                              official or employee.

11  784.082(1)         1st      Aggravated battery by detained

12                              person on visitor or other

13                              detainee.

14  784.083(1)         1st      Aggravated battery on code

15                              inspector.

16  790.07(4)          1st      Specified weapons violation

17                              subsequent to previous conviction

18                              of s. 790.07(1) or (2).

19  790.16(1)          1st      Discharge of a machine gun under

20                              specified circumstances.

21  790.165(2)         2nd      Manufacture, sell, possess, or

22                              deliver hoax bomb.

23  790.165(3)         2nd      Possessing, displaying, or

24                              threatening to use any hoax bomb

25                              while committing or attempting to

26                              commit a felony.

27  790.166(3)         2nd      Possessing, selling, using, or

28                              attempting to use a hoax weapon

29                              of mass destruction.

30  

31  

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 1  790.166(4)         2nd      Possessing, displaying, or

 2                              threatening to use a hoax weapon

 3                              of mass destruction while

 4                              committing or attempting to

 5                              commit a felony.

 6  796.03             2nd      Procuring any person under 16

 7                              years for prostitution.

 8  800.04(5)(c)1.     2nd      Lewd or lascivious molestation;

 9                              victim less than 12 years of age;

10                              offender less than 18 years.

11  800.04(5)(c)2.     2nd      Lewd or lascivious molestation;

12                              victim 12 years of age or older

13                              but less than 16 years; offender

14                              18 years or older.

15  806.01(2)          2nd      Maliciously damage structure by

16                              fire or explosive.

17  810.02(3)(a)       2nd      Burglary of occupied dwelling;

18                              unarmed; no assault or battery.

19  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

20                              unarmed; no assault or battery.

21  810.02(3)(d)       2nd      Burglary of occupied conveyance;

22                              unarmed; no assault or battery.

23  812.014(2)(a)      1st      Property stolen, valued at

24                              $100,000 or more; cargo stolen

25                              valued at $50,000 or more;

26                              property stolen while causing

27                              other property damage; 1st degree

28                              grand theft.

29  812.014(2)(b)3.    2nd      Property stolen, emergency

30                              medical equipment; 2nd degree

31                              grand theft.

                                  20

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 1  812.0145(2)(a)     1st      Theft from person 65 years of age

 2                              or older; $50,000 or more.

 3  812.019(2)         1st      Stolen property; initiates,

 4                              organizes, plans, etc., the theft

 5                              of property and traffics in

 6                              stolen property.

 7  812.131(2)(a)      2nd      Robbery by sudden snatching.

 8  812.133(2)(b)      1st      Carjacking; no firearm, deadly

 9                              weapon, or other weapon.

10  817.234(8)(a)      2nd      Solicitation of motor vehicle

11                              accident victims with intent to

12                              defraud.

13  817.234(9)         2nd      Organizing, planning, or

14                              participating in an intentional

15                              motor vehicle collision.

16  817.234(11)(c)     1st      Insurance fraud; property value

17                              $100,000 or more.

18  817.2341(2)(b)&

19   (3)(b)            1st      Making false entries of material

20                              fact or false statements

21                              regarding property values

22                              relating to the solvency of an

23                              insuring entity which are a

24                              significant cause of the

25                              insolvency of that entity.

26  825.102(3)(b)      2nd      Neglecting an elderly person or

27                              disabled adult causing great

28                              bodily harm, disability, or

29                              disfigurement.

30  

31  

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 1  825.103(2)(b)      2nd      Exploiting an elderly person or

 2                              disabled adult and property is

 3                              valued at $20,000 or more, but

 4                              less than $100,000.

 5  827.03(3)(b)       2nd      Neglect of a child causing great

 6                              bodily harm, disability, or

 7                              disfigurement.

 8  827.04(3)          3rd      Impregnation of a child under 16

 9                              years of age by person 21 years

10                              of age or older.

11  837.05(2)          3rd      Giving false information about

12                              alleged capital felony to a law

13                              enforcement officer.

14  838.015            2nd      Bribery.

15  838.016            2nd      Unlawful compensation or reward

16                              for official behavior.

17  838.021(3)(a)      2nd      Unlawful harm to a public

18                              servant.

19  838.22             2nd      Bid tampering.

20  872.06             2nd      Abuse of a dead human body.

21  893.13(1)(c)1.     1st      Sell, manufacture, or deliver

22                              cocaine (or other drug prohibited

23                              under s. 893.03(1)(a), (1)(b),

24                              (1)(d), (2)(a), (2)(b), or

25                              (2)(c)4.) within 1,000 feet of a

26                              child care facility, school, or

27                              state, county, or municipal park

28                              or publicly owned recreational

29                              facility or community center.

30  

31  

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 1  893.13(1)(e)1.     1st      Sell, manufacture, or deliver

 2                              cocaine or other drug prohibited

 3                              under s. 893.03(1)(a), (1)(b),

 4                              (1)(d), (2)(a), (2)(b), or

 5                              (2)(c)4., within 1,000 feet of

 6                              property used for religious

 7                              services or a specified business

 8                              site.

 9  893.13(4)(a)       1st      Deliver to minor cocaine (or

10                              other s. 893.03(1)(a), (1)(b),

11                              (1)(d), (2)(a), (2)(b), or

12                              (2)(c)4. drugs).

13  893.135(1)(a)1.    1st      Trafficking in cannabis, more

14                              than 25 lbs., less than 2,000

15                              lbs.

16  893.135  (1)(b)1.a.1st      Trafficking in cocaine, more than

17                              28 grams, less than 200 grams.

18  893.135  (1)(c)1.a.1st      Trafficking in illegal drugs,

19                              more than 4 grams, less than 14

20                              grams.

21  893.135  (1)(d)1.  1st      Trafficking in phencyclidine,

22                              more than 28 grams, less than 200

23                              grams.

24  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

25                              than 200 grams, less than 5

26                              kilograms.

27  893.135(1)(f)1.    1st      Trafficking in amphetamine, more

28                              than 14 grams, less than 28

29                              grams.

30  

31  

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 1  893.135  (1)(g)1.a.1st      Trafficking in flunitrazepam, 4

 2                              grams or more, less than 14

 3                              grams.

 4  893.135  (1)(h)1.a.1st      Trafficking in

 5                              gamma-hydroxybutyric acid (GHB),

 6                              1 kilogram or more, less than 5

 7                              kilograms.

 8  893.135  (1)(j)1.a.1st      Trafficking in 1,4-Butanediol, 1

 9                              kilogram or more, less than 5

10                              kilograms.

11  893.135  (1)(k)2.a.1st      Trafficking in Phenethylamines,

12                              10 grams or more, less than 200

13                              grams.

14  896.101(5)(a)      3rd      Money laundering, financial

15                              transactions exceeding $300 but

16                              less than $20,000.

17  896.104(4)(a)1.    3rd      Structuring transactions to evade

18                              reporting or registration

19                              requirements, financial

20                              transactions exceeding $300 but

21                              less than $20,000.

22                              (h)  LEVEL 8

23  316.193  (3)(c)3.a.2nd      DUI manslaughter.

24  327.35(3)(c)3.     2nd      Vessel BUI manslaughter.

25  499.0051(7)        1st      Forgery of prescription or legend

26                              drug labels.

27  499.0052           1st      Trafficking in contraband legend

28                              drugs.

29  

30  

31  

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 1  560.123(8)(b)2.    2nd      Failure to report currency or

 2                              payment instruments totaling or

 3                              exceeding $20,000, but less than

 4                              $100,000 by money transmitter.

 5  560.125(5)(b)      2nd      Money transmitter business by

 6                              unauthorized person, currency or

 7                              payment instruments totaling or

 8                              exceeding $20,000, but less than

 9                              $100,000.

10  655.50(10)(b)2.    2nd      Failure to report financial

11                              transactions totaling or

12                              exceeding $20,000, but less than

13                              $100,000 by financial

14                              institutions.

15  777.03(2)(a)       1st      Accessory after the fact, capital

16                              felony.

17  782.04(4)          2nd      Killing of human without design

18                              when engaged in act or attempt of

19                              any felony other than arson,

20                              sexual battery, robbery,

21                              burglary, kidnapping, aircraft

22                              piracy, or unlawfully discharging

23                              bomb.

24  782.051(2)         1st      Attempted felony murder while

25                              perpetrating or attempting to

26                              perpetrate a felony not

27                              enumerated in s. 782.04(3).

28  782.071(1)(b)      1st      Committing vehicular homicide and

29                              failing to render aid or give

30                              information.

31  

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 1  782.072(2)         1st      Committing vessel homicide and

 2                              failing to render aid or give

 3                              information.

 4  790.161(3)         1st      Discharging a destructive device

 5                              which results in bodily harm or

 6                              property damage.

 7  794.011(5)         2nd      Sexual battery, victim 12 years

 8                              or over, offender does not use

 9                              physical force likely to cause

10                              serious injury.

11  800.04(4)          2nd      Lewd or lascivious battery.

12  806.01(1)          1st      Maliciously damage dwelling or

13                              structure by fire or explosive,

14                              believing person in structure.

15  810.02(2)(a)       1st,PBL  Burglary with assault or battery.

16  810.02(2)(b)       1st,PBL  Burglary; armed with explosives

17                              or dangerous weapon.

18  810.02(2)(c)       1st      Burglary of a dwelling or

19                              structure causing structural

20                              damage or $1,000 or more property

21                              damage.

22  812.13(2)(b)       1st      Robbery with a weapon.

23  812.135(2)         1st      Home-invasion robbery.

24  817.568(6)         2nd      Fraudulent use of personal

25                              identification information of an

26                              individual under the age of 18.

27  825.102(2)         2nd      Aggravated abuse of an elderly

28                              person or disabled adult.

29  825.1025(2)        2nd      Lewd or lascivious battery upon

30                              an elderly person or disabled

31                              adult.

                                  26

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 1  825.103(2)(a)      1st      Exploiting an elderly person or

 2                              disabled adult and property is

 3                              valued at $100,000 or more.

 4  837.02(2)          2nd      Perjury in official proceedings

 5                              relating to prosecution of a

 6                              capital felony.

 7  837.021(2)         2nd      Making contradictory statements

 8                              in official proceedings relating

 9                              to prosecution of a capital

10                              felony.

11  860.121(2)(c)      1st      Shooting at or throwing any

12                              object in path of railroad

13                              vehicle resulting in great bodily

14                              harm.

15  860.16             1st      Aircraft piracy.

16  893.13(1)(b)       1st      Sell or deliver in excess of 10

17                              grams of any substance specified

18                              in s. 893.03(1)(a) or (b).

19  893.13(2)(b)       1st      Purchase in excess of 10 grams of

20                              any substance specified in s.

21                              893.03(1)(a) or (b).

22  893.13(6)(c)       1st      Possess in excess of 10 grams of

23                              any substance specified in s.

24                              893.03(1)(a) or (b).

25  893.135(1)(a)2.    1st      Trafficking in cannabis, more

26                              than 2,000 lbs., less than 10,000

27                              lbs.

28  893.135  (1)(b)1.b.1st      Trafficking in cocaine, more than

29                              200 grams, less than 400 grams.

30  

31  

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 1  893.135  (1)(c)1.b.1st      Trafficking in illegal drugs,

 2                              more than 14 grams, less than 28

 3                              grams.

 4  893.135  (1)(d)1.b.1st      Trafficking in phencyclidine,

 5                              more than 200 grams, less than

 6                              400 grams.

 7  893.135  (1)(e)1.b.1st      Trafficking in methaqualone, more

 8                              than 5 kilograms, less than 25

 9                              kilograms.

10  893.135  (1)(f)1.b.1st      Trafficking in amphetamine, more

11                              than 28 grams, less than 200

12                              grams.

13  893.135  (1)(g)1.b.1st      Trafficking in flunitrazepam, 14

14                              grams or more, less than 28

15                              grams.

16  893.135  (1)(h)1.b.1st      Trafficking in

17                              gamma-hydroxybutyric acid (GHB),

18                              5 kilograms or more, less than 10

19                              kilograms.

20  893.135  (1)(j)1.b.1st      Trafficking in 1,4-Butanediol, 5

21                              kilograms or more, less than 10

22                              kilograms.

23  893.135  (1)(k)2.b.1st      Trafficking in Phenethylamines,

24                              200 grams or more, less than 400

25                              grams.

26  895.03(1)          1st      Use or invest proceeds derived

27                              from pattern of racketeering

28                              activity.

29  

30  

31  

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 1  895.03(2)          1st      Acquire or maintain through

 2                              racketeering activity any

 3                              interest in or control of any

 4                              enterprise or real property.

 5  895.03(3)          1st      Conduct or participate in any

 6                              enterprise through pattern of

 7                              racketeering activity.

 8  896.101(5)(b)      2nd      Money laundering, financial

 9                              transactions totaling or

10                              exceeding $20,000, but less than

11                              $100,000.

12  896.104(4)(a)2.    2nd      Structuring transactions to evade

13                              reporting or registration

14                              requirements, financial

15                              transactions totaling or

16                              exceeding $20,000 but less than

17                              $100,000.

18                              (i)  LEVEL 9

19  316.193  (3)(c)3.b.1st      DUI manslaughter; failing to

20                              render aid or give information.

21  327.35(3)(c)3.b.   1st      BUI manslaughter; failing to

22                              render aid or give information.

23  499.0053           1st      Sale or purchase of contraband

24                              legend drugs resulting in great

25                              bodily harm.

26  560.123(8)(b)3.    1st      Failure to report currency or

27                              payment instruments totaling or

28                              exceeding $100,000 by money

29                              transmitter.

30  

31  

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 1  560.125(5)(c)      1st      Money transmitter business by

 2                              unauthorized person, currency, or

 3                              payment instruments totaling or

 4                              exceeding $100,000.

 5  655.50(10)(b)3.    1st      Failure to report financial

 6                              transactions totaling or

 7                              exceeding $100,000 by financial

 8                              institution.

 9  775.0844           1st      Aggravated white collar crime.

10  782.04(1)          1st      Attempt, conspire, or solicit to

11                              commit premeditated murder.

12  782.04(3)          1st,PBL   Accomplice to murder in

13                              connection with arson, sexual

14                              battery, robbery, burglary, and

15                              other specified felonies.

16  782.051(1)         1st      Attempted felony murder while

17                              perpetrating or attempting to

18                              perpetrate a felony enumerated in

19                              s. 782.04(3).

20  782.07(2)          1st      Aggravated manslaughter of an

21                              elderly person or disabled adult.

22  787.01(1)(a)1.     1st,PBL  Kidnapping; hold for ransom or

23                              reward or as a shield or hostage.

24  787.01(1)(a)2.     1st,PBL  Kidnapping with intent to commit

25                              or facilitate commission of any

26                              felony.

27  787.01(1)(a)4.     1st,PBL  Kidnapping with intent to

28                              interfere with performance of any

29                              governmental or political

30                              function.

31  

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 1  787.02(3)(a)       1st      False imprisonment; child under

 2                              age 13; perpetrator also commits

 3                              aggravated child abuse, sexual

 4                              battery, or lewd or lascivious

 5                              battery, molestation, conduct, or

 6                              exhibition.

 7  790.161            1st      Attempted capital destructive

 8                              device offense.

 9  790.166(2)         1st,PBL  Possessing, selling, using, or

10                              attempting to use a weapon of

11                              mass destruction.

12  794.011(2)         1st      Attempted sexual battery; victim

13                              less than 12 years of age.

14  794.011(2)         Life     Sexual battery; offender younger

15                              than 18 years and commits sexual

16                              battery on a person less than 12

17                              years.

18  794.011(4)         1st      Sexual battery; victim 12 years

19                              or older, certain circumstances.

20  794.011(8)(b)      1st      Sexual battery; engage in sexual

21                              conduct with minor 12 to 18 years

22                              by person in familial or

23                              custodial authority.

24  800.04(5)(b)       1st      Lewd or lascivious molestation;

25                              victim less than 12 years;

26                              offender 18 years or older.

27  812.13(2)(a)       1st,PBL  Robbery with firearm or other

28                              deadly weapon.

29  812.133(2)(a)      1st,PBL  Carjacking; firearm or other

30                              deadly weapon.

31  

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 1  817.568(7)         2nd,PBL  Fraudulent use of personal

 2                              identification information of an

 3                              individual under the age of 18 by

 4                              his or her parent, legal

 5                              guardian, or person exercising

 6                              custodial authority.

 7  827.03(2)          1st      Aggravated child abuse.

 8  847.0145(1)        1st      Selling, or otherwise

 9                              transferring custody or control,

10                              of a minor.

11  847.0145(2)        1st      Purchasing, or otherwise

12                              obtaining custody or control, of

13                              a minor.

14  859.01             1st      Poisoning or introducing

15                              bacteria, radioactive materials,

16                              viruses, or chemical compounds

17                              into food, drink, medicine, or

18                              water with intent to kill or

19                              injure another person.

20  893.135            1st      Attempted capital trafficking

21                              offense.

22  893.135(1)(a)3.    1st      Trafficking in cannabis, more

23                              than 10,000 lbs.

24  893.135  (1)(b)1.c.1st      Trafficking in cocaine, more than

25                              400 grams, less than 150

26                              kilograms.

27  893.135  (1)(c)1.c.1st      Trafficking in illegal drugs,

28                              more than 28 grams, less than 30

29                              kilograms.

30  893.135  (1)(d)1.c.1st      Trafficking in phencyclidine,

31                              more than 400 grams.

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 1  893.135  (1)(e)1.c.1st      Trafficking in methaqualone, more

 2                              than 25 kilograms.

 3  893.135  (1)(f)1.c.1st      Trafficking in amphetamine, more

 4                              than 200 grams.

 5  893.135  (1)(h)1.c.1st      Trafficking in

 6                              gamma-hydroxybutyric acid (GHB),

 7                              10 kilograms or more.

 8  893.135  (1)(j)1.c.1st      Trafficking in 1,4-Butanediol, 10

 9                              kilograms or more.

10  893.135  (1)(k)2.c.1st      Trafficking in Phenethylamines,

11                              400 grams or more.

12  896.101(5)(c)      1st      Money laundering, financial

13                              instruments totaling or exceeding

14                              $100,000.

15  896.104(4)(a)3.    1st      Structuring transactions to evade

16                              reporting or registration

17                              requirements, financial

18                              transactions totaling or

19                              exceeding $100,000.

20         Section 9.  This act shall take effect July 1, 2004.

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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 2                          SENATE SUMMARY

 3    Adds anhydrous ammonia to the listed essential chemicals
      that may be used to manufacture controlled substances.
 4    Provides that it is a third-degree felony to store
      anhydrous ammonia in a container that does not meet
 5    certain safety standards. Provides that it is a
      first-degree felony to manufacture, or possess with
 6    intent to manufacture, methamphetamine or phencyclidine
      within 1,000 feet of any real property in which a child
 7    under the age of 16 years is present. Requires that the
      defendant be sentenced to a minimum term of imprisonment
 8    under certain circumstances. Provides that possession of
      a specified weight of pseudoephedrine is a felony of the
 9    first degree. Provides additional penalties. Provides
      that possession of more than a specified weight of
10    certain drugs creates a rebuttable presumption that the
      person intends to use the drug product as a precursor to
11    certain controlled substances. Provides that the
      rebuttable presumption does not apply to a person who
12    lawfully possesses the drug product in the course of a
      legitimate business.
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CODING: Words stricken are deletions; words underlined are additions.

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