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Senate Bill 2160

Senate Bill sb2160c1

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

    By the Committee on Health, Aging, and Long-Term Care; and
    Senator Peaden




    317-2418-04

  1                      A bill to be entitled

  2         An act relating to controlled substances;

  3         amending s. 893.033, F.S.; revising the

  4         chemicals defined as "listed precursor

  5         chemicals" to include benzaldehyde, hydriodic

  6         acid, and nitroethane, and to remove anhydrous

  7         ammonia and benzyl chloride; adding anhydrous

  8         ammonia, benzyl chloride, hydrochloric gas, and

  9         iodine to the chemicals defined as "listed

10         essential chemicals"; providing for the use of

11         anhydrous ammonia for agricultural purposes;

12         amending s. 893.13, F.S.; prohibiting a person

13         from manufacturing methamphetamine or

14         phencyclidine, or possessing listed chemicals

15         with the intent to manufacture such chemicals;

16         providing for minimum terms of imprisonment if

17         a person commits or attempts to commit such

18         crime in a structure or conveyance where a

19         child is present or suffers great bodily harm;

20         providing that it is a third-degree felony to

21         improperly store anhydrous ammonia in a

22         container that does not meet certain standards;

23         providing that a violation of ch. 893, F.S.,

24         resulting in serious injury to a state, local,

25         or federal law enforcement officer is a

26         third-degree felony and such a violation

27         resulting in death or great bodily harm is a

28         second-degree felony; amending s. 893.135,

29         F.S.; including offenses involving

30         pseudoephedrine or ephedrine within the offense

31         of trafficking in amphetamine; providing

                                  1

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    Florida Senate - 2004                           CS for SB 2160
    317-2418-04




 1         penalties; providing that it is a capital

 2         offense to manufacture or import

 3         pseudoephedrine or ephedrine knowing that the

 4         probable result will be death; amending s.

 5         893.149, F.S., relating to the prohibition

 6         against possessing listed chemicals; providing

 7         an exception to such prohibition for a person

 8         authorized to clean up or dispose of hazardous

 9         waste or toxic substance pursuant to ch. 893,

10         F.S.; providing that damages arising out of the

11         unlawful possession of, storage of, or

12         tampering with a listed chemical is the sole

13         responsibility of the person unlawfully

14         possessing, storing, or tampering with the

15         chemical; providing that the lawful owner,

16         installer, maintainer, designer, manufacturer,

17         possessor, or seller is immune from liability

18         in the absence of negligent misconduct or

19         failure to abide by laws governing possession

20         or storage; reenacting s. 921.0022(3)(g), (h),

21         and (i), F.S., relating to the offense severity

22         ranking chart of the Criminal Punishment Code,

23         to incorporate the amendments to s. 893.135,

24         F.S., in references thereto; providing an

25         effective date.

26  

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

28  

29         Section 1.  Section 893.033, Florida Statutes, is

30  amended to read:

31  

                                  2

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    Florida Senate - 2004                           CS for SB 2160
    317-2418-04




 1         893.033  Listed chemicals.--The chemicals listed in

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

 3  chemical, or trade name designated.

 4         (1)  PRECURSOR CHEMICALS.--The term "listed precursor

 5  chemical" means a chemical that may be used in manufacturing a

 6  controlled substance in violation of this chapter and is

 7  critical to the creation of the controlled substance, and such

 8  term includes any salt, optical isomer, or salt of an optical

 9  isomer, whenever the existence of such salt, optical isomer,

10  or salt of optical isomer is possible within the specific

11  chemical designation. The following are "listed precursor

12  chemicals":

13         (a)  Anhydrous ammonia.

14         (a)(b)  Anthranilic acid.

15         (b)  Benzaldehyde.

16         (c)  Benzyl chloride.

17         (c)(d)  Benzyl cyanide.

18         (d)(e)  Chloroephedrine.

19         (e)(f)  Chloropseudoephedrine.

20         (f)(g)  Ephedrine.

21         (g)(h)  Ergonovine.

22         (h)(i)  Ergotamine.

23         (i)(j)  Ethylamine.

24         (j)  Hydriodic acid.

25         (k)  Isosafrole.

26         (l)  Methylamine.

27         (m)  3, 4-Methylenedioxyphenyl-2-propanone.

28         (n)  N-acetylanthranilic acid.

29         (o)  N-ethylephedrine.

30         (p)  N-ethylpseudoephedrine.

31         (q)  N-methylephedrine.

                                  3

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    Florida Senate - 2004                           CS for SB 2160
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 1         (r)  N-methylpseudoephedrine.

 2         (s)  Nitroethane.

 3         (t)(s)  Norpseudoephedrine.

 4         (u)(t)  Phenylacetic acid.

 5         (v)(u)  Phenylpropanolamine.

 6         (w)(v)  Piperidine.

 7         (x)(w)  Piperonal.

 8         (y)(x)  Propionic anhydride.

 9         (z)(y)  Pseudoephedrine.

10         (aa)(z)  Safrole.

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

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

13  reagent, or catalyst in manufacturing a controlled substance

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

15  essential chemicals":

16         (a)  Acetic anhydride.

17         (b)  Acetone.

18         (c)  Anhydrous ammonia.

19         (d)  Benzyl chloride.

20         (e)(c)  2-Butanone.

21         (f)(d)  Ethyl ether.

22         (g)  Hydrochloric gas.

23         (h)  Iodine.

24         (i)(e)  Hydriodic acid.

25         (j)(f)  Potassium permanganate.

26         (k)(g)  Toluene.

27         Section 2.  Paragraph (g) is added to subsection (1) of

28  section 893.13, Florida Statutes, paragraphs (a) and (c) of

29  subsection (7) of that section is amended, and subsection (12)

30  is added to that section, to read:

31         893.13  Prohibited acts; penalties.--

                                  4

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    Florida Senate - 2004                           CS for SB 2160
    317-2418-04




 1         (1)

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

 3  unlawful for any person to manufacture methamphetamine or

 4  phencyclidine or possess any listed chemical as defined in s.

 5  893.033 in violation of s. 893.149 and with intent to

 6  manufacture methamphetamine or phencyclidine. If any person

 7  violates this paragraph and:

 8         1.  The commission or attempted commission of the crime

 9  occurs in a structure or conveyance where any child under 16

10  years of age is present, the person commits a felony of the

11  first degree, punishable as provided in s. 775.082, s.

12  775.083, or s. 775.084. In addition, the defendant must be

13  sentenced to a minimum term of imprisonment of 5 calendar

14  years.

15         2.  The commission of the crime causes any child under

16  16 years of age to suffer great bodily harm, the person

17  commits a felony of the first degree, punishable as provided

18  in s. 775.082, s. 775.083, or s. 775.084. In addition, the

19  defendant must be sentenced to a minimum term of imprisonment

20  of 10 calendar years.

21         (7)(a)  It is unlawful for any person:

22         1.  To distribute or dispense a controlled substance in

23  violation of this chapter.

24         2.  To refuse or fail to make, keep, or furnish any

25  record, notification, order form, statement, invoice, or

26  information required under this chapter.

27         3.  To refuse an entry into any premises for any

28  inspection or to refuse to allow any inspection authorized by

29  this chapter.

30  

31  

                                  5

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    Florida Senate - 2004                           CS for SB 2160
    317-2418-04




 1         4.  To distribute a controlled substance named or

 2  described in s. 893.03(1) or (2) except pursuant to an order

 3  form as required by s. 893.06.

 4         5.  To keep or maintain any store, shop, warehouse,

 5  dwelling, building, vehicle, boat, aircraft, or other

 6  structure or place which is resorted to by persons using

 7  controlled substances in violation of this chapter for the

 8  purpose of using these substances, or which is used for

 9  keeping or selling them in violation of this chapter.

10         6.  To use to his or her own personal advantage, or to

11  reveal, any information obtained in enforcement of this

12  chapter except in a prosecution or administrative hearing for

13  a violation of this chapter.

14         7.  To possess a prescription form which has not been

15  completed and signed by the practitioner whose name appears

16  printed thereon, unless the person is that practitioner, is an

17  agent or employee of that practitioner, is a pharmacist, or is

18  a supplier of prescription forms who is authorized by that

19  practitioner to possess those forms.

20         8.  To withhold information from a practitioner from

21  whom the person seeks to obtain a controlled substance or a

22  prescription for a controlled substance that the person making

23  the request has received a controlled substance or a

24  prescription for a controlled substance of like therapeutic

25  use from another practitioner within the previous 30 days.

26         9.  To acquire or obtain, or attempt to acquire or

27  obtain, possession of a controlled substance by

28  misrepresentation, fraud, forgery, deception, or subterfuge.

29         10.  To affix any false or forged label to a package or

30  receptacle containing a controlled substance.

31  

                                  6

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    Florida Senate - 2004                           CS for SB 2160
    317-2418-04




 1         11.  To furnish false or fraudulent material

 2  information in, or omit any material information from, any

 3  report or other document required to be kept or filed under

 4  this chapter or any record required to be kept by this

 5  chapter.

 6         12.  To store anhydrous ammonia in a container that is

 7  not approved by the United States Department of Transportation

 8  to hold anhydrous ammonia or is not constructed in accordance

 9  with sound engineering, agricultural, or commercial practices.

10         (c)  Any person who violates the provisions of

11  subparagraphs (a)8.-12. (a)8.-11. commits a felony of the

12  third degree, punishable as provided in s. 775.082, s.

13  775.083, or s. 775.084.

14         (12)  If a person violates any provision of this

15  chapter and such violation results in a serious injury to a

16  state, local, or federal law enforcement officer, the person

17  commits a felony of the third degree, punishable as provided

18  in s. 775.082, s. 775.083, or s. 775.084. If the injury

19  sustained results in death or great bodily harm, the person

20  commits a felony of the second degree, punishable as provided

21  in s. 775.082, s. 775.083, or 775.084.

22         Section 3.  Paragraph (f) of subsection (1) of section

23  893.135, Florida Statutes, is amended to read:

24         893.135  Trafficking; mandatory sentences; suspension

25  or reduction of sentences; conspiracy to engage in

26  trafficking.--

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

28  499 and notwithstanding the provisions of s. 893.13:

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

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

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

                                  7

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    Florida Senate - 2004                           CS for SB 2160
    317-2418-04




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

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

 3  mixture containing amphetamine or methamphetamine, or

 4  phenylacetone, phenylacetic acid, or pseudoephedrine or

 5  ephedrine in conjunction with other chemicals and equipment

 6  utilized in the manufacture of amphetamine or methamphetamine,

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

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

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

10  involved:

11         a.  Is 14 grams or more, but less than 28 grams, such

12  person shall be sentenced to a mandatory minimum term of

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

14  pay a fine of $50,000.

15         b.  Is 28 grams or more, but less than 200 grams, such

16  person shall be sentenced to a mandatory minimum term of

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

18  pay a fine of $100,000.

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

20  sentenced to a mandatory minimum term of imprisonment of 15

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

22         2.  Any person who knowingly manufactures or brings

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

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

25  893.03(2)(c)4., or of any mixture containing amphetamine or

26  methamphetamine, or phenylacetone, phenylacetic acid, or

27  pseudoephedrine or ephedrine in conjunction with other

28  chemicals and equipment used in the manufacture of amphetamine

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

30  such manufacture or importation would be the death of any

31  person commits capital manufacture or importation of

                                  8

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    Florida Senate - 2004                           CS for SB 2160
    317-2418-04




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

 2  775.082 and 921.142. Any person sentenced for a capital felony

 3  under this paragraph shall also be sentenced to pay the

 4  maximum fine provided under subparagraph 1.

 5         Section 4.  Section 893.149, Florida Statutes, is

 6  amended to read:

 7         893.149  Unlawful possession of listed chemical.--

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

 9  intentionally:

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

11  unlawfully manufacture a controlled substance;

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

13  or having reasonable cause to believe, that the listed

14  chemical will be used to unlawfully manufacture a controlled

15  substance.

16         (2)  Any person who violates this section commits is

17  guilty of a felony of the second degree, punishable as

18  provided in s. 775.082, s. 775.083, or s. 775.084.

19         (3)  This section does not apply to a public employee

20  or private contractor authorized to clean up or dispose of

21  hazardous waste or toxic substances pursuant to the provisions

22  of this chapter.

23         (4)  Any damages arising out of the unlawful possession

24  of, storage of, or tampering with a listed chemical, as

25  defined in s. 893.033, shall be the sole responsibility of the

26  person or persons unlawfully possessing, storing, or tampering

27  with the listed chemical. In no case shall liability for

28  damages arising out of the unlawful possession of, storage of,

29  or tampering with a listed chemical extend to the lawful

30  owner, installer, maintainer, designer, manufacturer,

31  possessor, or seller of the listed chemical, unless such

                                  9

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    Florida Senate - 2004                           CS for SB 2160
    317-2418-04




 1  damages arise out of the acts or omissions of the owner,

 2  installer, maintainer, designer, manufacturer, possessor, or

 3  seller which constitute negligent misconduct or failure to

 4  abide by the laws regarding the possession or storage of a

 5  listed chemical.

 6         Section 5.  For the purpose of incorporating the

 7  amendment made by this act to section 893.135, Florida

 8  Statutes, in references thereto, paragraphs (g), (h), and (i)

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

10  reenacted to read:

11         921.0022  Criminal Punishment Code; offense severity

12  ranking chart.--

13         (3)  OFFENSE SEVERITY RANKING CHART

14  

15  Florida           Felony

16  Statute           Degree             Description

17  

18    

19                              (g)  LEVEL 7

20  316.027(1)(b)      2nd      Accident involving death, failure

21                              to stop; leaving scene.

22  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

23                              injury.

24  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

25                              bodily injury.

26  402.319(2)         2nd      Misrepresentation and negligence

27                              or intentional act resulting in

28                              great bodily harm, permanent

29                              disfiguration, permanent

30                              disability, or death.

31  409.920(2)         3rd      Medicaid provider fraud.

                                  10

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    Florida Senate - 2004                           CS for SB 2160
    317-2418-04




 1  456.065(2)         3rd      Practicing a health care

 2                              profession without a license.

 3  456.065(2)         2nd      Practicing a health care

 4                              profession without a license

 5                              which results in serious bodily

 6                              injury.

 7  458.327(1)         3rd      Practicing medicine without a

 8                              license.

 9  459.013(1)         3rd      Practicing osteopathic medicine

10                              without a license.

11  460.411(1)         3rd      Practicing chiropractic medicine

12                              without a license.

13  461.012(1)         3rd      Practicing podiatric medicine

14                              without a license.

15  462.17             3rd      Practicing naturopathy without a

16                              license.

17  463.015(1)         3rd      Practicing optometry without a

18                              license.

19  464.016(1)         3rd      Practicing nursing without a

20                              license.

21  465.015(2)         3rd      Practicing pharmacy without a

22                              license.

23  466.026(1)         3rd      Practicing dentistry or dental

24                              hygiene without a license.

25  467.201            3rd      Practicing midwifery without a

26                              license.

27  468.366            3rd      Delivering respiratory care

28                              services without a license.

29  483.828(1)         3rd      Practicing as clinical laboratory

30                              personnel without a license.

31  

                                  11

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    Florida Senate - 2004                           CS for SB 2160
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 1  483.901(9)         3rd      Practicing medical physics

 2                              without a license.

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

 4                              devices without a prescription.

 5  484.053            3rd      Dispensing hearing aids without a

 6                              license.

 7  494.0018(2)        1st      Conviction of any violation of

 8                              ss. 494.001-494.0077 in which the

 9                              total money and property

10                              unlawfully obtained exceeded

11                              $50,000 and there were five or

12                              more victims.

13  560.123(8)(b)1.    3rd      Failure to report currency or

14                              payment instruments exceeding

15                              $300 but less than $20,000 by

16                              money transmitter.

17  560.125(5)(a)      3rd      Money transmitter business by

18                              unauthorized person, currency or

19                              payment instruments exceeding

20                              $300 but less than $20,000.

21  655.50(10)(b)1.    3rd      Failure to report financial

22                              transactions exceeding $300 but

23                              less than $20,000 by financial

24                              institution.

25  782.051(3)         2nd      Attempted felony murder of a

26                              person by a person other than the

27                              perpetrator or the perpetrator of

28                              an attempted felony.

29  

30  

31  

                                  12

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    Florida Senate - 2004                           CS for SB 2160
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 1  782.07(1)          2nd      Killing of a human being by the

 2                              act, procurement, or culpable

 3                              negligence of another

 4                              (manslaughter).

 5  782.071            2nd      Killing of human being or viable

 6                              fetus by the operation of a motor

 7                              vehicle in a reckless manner

 8                              (vehicular homicide).

 9  782.072            2nd      Killing of a human being by the

10                              operation of a vessel in a

11                              reckless manner (vessel

12                              homicide).

13  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

14                              causing great bodily harm or

15                              disfigurement.

16  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

17                              weapon.

18  784.045(1)(b)      2nd      Aggravated battery; perpetrator

19                              aware victim pregnant.

20  784.048(4)         3rd      Aggravated stalking; violation of

21                              injunction or court order.

22  784.07(2)(d)       1st      Aggravated battery on law

23                              enforcement officer.

24  784.074(1)(a)      1st      Aggravated battery on sexually

25                              violent predators facility staff.

26  784.08(2)(a)       1st      Aggravated battery on a person 65

27                              years of age or older.

28  784.081(1)         1st      Aggravated battery on specified

29                              official or employee.

30  

31  

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    Florida Senate - 2004                           CS for SB 2160
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 1  784.082(1)         1st      Aggravated battery by detained

 2                              person on visitor or other

 3                              detainee.

 4  784.083(1)         1st      Aggravated battery on code

 5                              inspector.

 6  790.07(4)          1st      Specified weapons violation

 7                              subsequent to previous conviction

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

 9  790.16(1)          1st      Discharge of a machine gun under

10                              specified circumstances.

11  790.165(2)         2nd      Manufacture, sell, possess, or

12                              deliver hoax bomb.

13  790.165(3)         2nd      Possessing, displaying, or

14                              threatening to use any hoax bomb

15                              while committing or attempting to

16                              commit a felony.

17  790.166(3)         2nd      Possessing, selling, using, or

18                              attempting to use a hoax weapon

19                              of mass destruction.

20  790.166(4)         2nd      Possessing, displaying, or

21                              threatening to use a hoax weapon

22                              of mass destruction while

23                              committing or attempting to

24                              commit a felony.

25  796.03             2nd      Procuring any person under 16

26                              years for prostitution.

27  800.04(5)(c)1.     2nd      Lewd or lascivious molestation;

28                              victim less than 12 years of age;

29                              offender less than 18 years.

30  

31  

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    Florida Senate - 2004                           CS for SB 2160
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 1  800.04(5)(c)2.     2nd      Lewd or lascivious molestation;

 2                              victim 12 years of age or older

 3                              but less than 16 years; offender

 4                              18 years or older.

 5  806.01(2)          2nd      Maliciously damage structure by

 6                              fire or explosive.

 7  810.02(3)(a)       2nd      Burglary of occupied dwelling;

 8                              unarmed; no assault or battery.

 9  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

10                              unarmed; no assault or battery.

11  810.02(3)(d)       2nd      Burglary of occupied conveyance;

12                              unarmed; no assault or battery.

13  812.014(2)(a)      1st      Property stolen, valued at

14                              $100,000 or more; cargo stolen

15                              valued at $50,000 or more;

16                              property stolen while causing

17                              other property damage; 1st degree

18                              grand theft.

19  812.014(2)(b)3.    2nd      Property stolen, emergency

20                              medical equipment; 2nd degree

21                              grand theft.

22  812.0145(2)(a)     1st      Theft from person 65 years of age

23                              or older; $50,000 or more.

24  812.019(2)         1st      Stolen property; initiates,

25                              organizes, plans, etc., the theft

26                              of property and traffics in

27                              stolen property.

28  812.131(2)(a)      2nd      Robbery by sudden snatching.

29  812.133(2)(b)      1st      Carjacking; no firearm, deadly

30                              weapon, or other weapon.

31  

                                  15

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    Florida Senate - 2004                           CS for SB 2160
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 1  817.234(8)(a)      2nd      Solicitation of motor vehicle

 2                              accident victims with intent to

 3                              defraud.

 4  817.234(9)         2nd      Organizing, planning, or

 5                              participating in an intentional

 6                              motor vehicle collision.

 7  817.234(11)(c)     1st      Insurance fraud; property value

 8                              $100,000 or more.

 9  817.2341(2)(b)&

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

11                              fact or false statements

12                              regarding property values

13                              relating to the solvency of an

14                              insuring entity which are a

15                              significant cause of the

16                              insolvency of that entity.

17  825.102(3)(b)      2nd      Neglecting an elderly person or

18                              disabled adult causing great

19                              bodily harm, disability, or

20                              disfigurement.

21  825.103(2)(b)      2nd      Exploiting an elderly person or

22                              disabled adult and property is

23                              valued at $20,000 or more, but

24                              less than $100,000.

25  827.03(3)(b)       2nd      Neglect of a child causing great

26                              bodily harm, disability, or

27                              disfigurement.

28  827.04(3)          3rd      Impregnation of a child under 16

29                              years of age by person 21 years

30                              of age or older.

31  

                                  16

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    Florida Senate - 2004                           CS for SB 2160
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 1  837.05(2)          3rd      Giving false information about

 2                              alleged capital felony to a law

 3                              enforcement officer.

 4  838.015            2nd      Bribery.

 5  838.016            2nd      Unlawful compensation or reward

 6                              for official behavior.

 7  838.021(3)(a)      2nd      Unlawful harm to a public

 8                              servant.

 9  838.22             2nd      Bid tampering.

10  872.06             2nd      Abuse of a dead human body.

11  893.13(1)(c)1.     1st      Sell, manufacture, or deliver

12                              cocaine (or other drug prohibited

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

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

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

16                              child care facility, school, or

17                              state, county, or municipal park

18                              or publicly owned recreational

19                              facility or community center.

20  893.13(1)(e)1.     1st      Sell, manufacture, or deliver

21                              cocaine or other drug prohibited

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

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

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

25                              property used for religious

26                              services or a specified business

27                              site.

28  893.13(4)(a)       1st      Deliver to minor cocaine (or

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

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

31                              (2)(c)4. drugs).

                                  17

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    Florida Senate - 2004                           CS for SB 2160
    317-2418-04




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

 2                              than 25 lbs., less than 2,000

 3                              lbs.

 4  893.135

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

 6                              28 grams, less than 200 grams.

 7  893.135

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

 9                              more than 4 grams, less than 14

10                              grams.

11  893.135

12   (1)(d)1.          1st      Trafficking in phencyclidine,

13                              more than 28 grams, less than 200

14                              grams.

15  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

16                              than 200 grams, less than 5

17                              kilograms.

18  893.135(1)(f)1.    1st      Trafficking in amphetamine, more

19                              than 14 grams, less than 28

20                              grams.

21  893.135

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

23                              grams or more, less than 14

24                              grams.

25  893.135

26   (1)(h)1.a.        1st      Trafficking in

27                              gamma-hydroxybutyric acid (GHB),

28                              1 kilogram or more, less than 5

29                              kilograms.

30  

31  

                                  18

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    Florida Senate - 2004                           CS for SB 2160
    317-2418-04




 1  893.135

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

 3                              kilogram or more, less than 5

 4                              kilograms.

 5  893.135

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

 7                              10 grams or more, less than 200

 8                              grams.

 9  896.101(5)(a)      3rd      Money laundering, financial

10                              transactions exceeding $300 but

11                              less than $20,000.

12  896.104(4)(a)1.    3rd      Structuring transactions to evade

13                              reporting or registration

14                              requirements, financial

15                              transactions exceeding $300 but

16                              less than $20,000.

17                              (h)  LEVEL 8

18  316.193

19   (3)(c)3.a.        2nd      DUI manslaughter.

20  327.35(3)(c)3.     2nd      Vessel BUI manslaughter.

21  499.0051(7)        1st      Forgery of prescription or legend

22                              drug labels.

23  499.0052           1st      Trafficking in contraband legend

24                              drugs.

25  560.123(8)(b)2.    2nd      Failure to report currency or

26                              payment instruments totaling or

27                              exceeding $20,000, but less than

28                              $100,000 by money transmitter.

29  

30  

31  

                                  19

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    Florida Senate - 2004                           CS for SB 2160
    317-2418-04




 1  560.125(5)(b)      2nd      Money transmitter business by

 2                              unauthorized person, currency or

 3                              payment instruments totaling or

 4                              exceeding $20,000, but less than

 5                              $100,000.

 6  655.50(10)(b)2.    2nd      Failure to report financial

 7                              transactions totaling or

 8                              exceeding $20,000, but less than

 9                              $100,000 by financial

10                              institutions.

11  777.03(2)(a)       1st      Accessory after the fact, capital

12                              felony.

13  782.04(4)          2nd      Killing of human without design

14                              when engaged in act or attempt of

15                              any felony other than arson,

16                              sexual battery, robbery,

17                              burglary, kidnapping, aircraft

18                              piracy, or unlawfully discharging

19                              bomb.

20  782.051(2)         1st      Attempted felony murder while

21                              perpetrating or attempting to

22                              perpetrate a felony not

23                              enumerated in s. 782.04(3).

24  782.071(1)(b)      1st      Committing vehicular homicide and

25                              failing to render aid or give

26                              information.

27  782.072(2)         1st      Committing vessel homicide and

28                              failing to render aid or give

29                              information.

30  

31  

                                  20

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    Florida Senate - 2004                           CS for SB 2160
    317-2418-04




 1  790.161(3)         1st      Discharging a destructive device

 2                              which results in bodily harm or

 3                              property damage.

 4  794.011(5)         2nd      Sexual battery, victim 12 years

 5                              or over, offender does not use

 6                              physical force likely to cause

 7                              serious injury.

 8  800.04(4)          2nd      Lewd or lascivious battery.

 9  806.01(1)          1st      Maliciously damage dwelling or

10                              structure by fire or explosive,

11                              believing person in structure.

12  810.02(2)(a)       1st,PBL  Burglary with assault or battery.

13  810.02(2)(b)       1st,PBL  Burglary; armed with explosives

14                              or dangerous weapon.

15  810.02(2)(c)       1st      Burglary of a dwelling or

16                              structure causing structural

17                              damage or $1,000 or more property

18                              damage.

19  812.13(2)(b)       1st      Robbery with a weapon.

20  812.135(2)         1st      Home-invasion robbery.

21  817.568(6)         2nd      Fraudulent use of personal

22                              identification information of an

23                              individual under the age of 18.

24  825.102(2)         2nd      Aggravated abuse of an elderly

25                              person or disabled adult.

26  825.1025(2)        2nd      Lewd or lascivious battery upon

27                              an elderly person or disabled

28                              adult.

29  825.103(2)(a)      1st      Exploiting an elderly person or

30                              disabled adult and property is

31                              valued at $100,000 or more.

                                  21

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    Florida Senate - 2004                           CS for SB 2160
    317-2418-04




 1  837.02(2)          2nd      Perjury in official proceedings

 2                              relating to prosecution of a

 3                              capital felony.

 4  837.021(2)         2nd      Making contradictory statements

 5                              in official proceedings relating

 6                              to prosecution of a capital

 7                              felony.

 8  860.121(2)(c)      1st      Shooting at or throwing any

 9                              object in path of railroad

10                              vehicle resulting in great bodily

11                              harm.

12  860.16             1st      Aircraft piracy.

13  893.13(1)(b)       1st      Sell or deliver in excess of 10

14                              grams of any substance specified

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

16  893.13(2)(b)       1st      Purchase in excess of 10 grams of

17                              any substance specified in s.

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

19  893.13(6)(c)       1st      Possess in excess of 10 grams of

20                              any substance specified in s.

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

22  893.135(1)(a)2.    1st      Trafficking in cannabis, more

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

24                              lbs.

25  893.135

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

27                              200 grams, less than 400 grams.

28  893.135

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

30                              more than 14 grams, less than 28

31                              grams.

                                  22

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    Florida Senate - 2004                           CS for SB 2160
    317-2418-04




 1  893.135

 2   (1)(d)1.b.        1st      Trafficking in phencyclidine,

 3                              more than 200 grams, less than

 4                              400 grams.

 5  893.135

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

 7                              than 5 kilograms, less than 25

 8                              kilograms.

 9  893.135

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

11                              than 28 grams, less than 200

12                              grams.

13  893.135

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

15                              grams or more, less than 28

16                              grams.

17  893.135

18   (1)(h)1.b.        1st      Trafficking in

19                              gamma-hydroxybutyric acid (GHB),

20                              5 kilograms or more, less than 10

21                              kilograms.

22  893.135

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

24                              kilograms or more, less than 10

25                              kilograms.

26  893.135

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

28                              200 grams or more, less than 400

29                              grams.

30  

31  

                                  23

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    Florida Senate - 2004                           CS for SB 2160
    317-2418-04




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

 2                              from pattern of racketeering

 3                              activity.

 4  895.03(2)          1st      Acquire or maintain through

 5                              racketeering activity any

 6                              interest in or control of any

 7                              enterprise or real property.

 8  895.03(3)          1st      Conduct or participate in any

 9                              enterprise through pattern of

10                              racketeering activity.

11  896.101(5)(b)      2nd      Money laundering, financial

12                              transactions totaling or

13                              exceeding $20,000, but less than

14                              $100,000.

15  896.104(4)(a)2.    2nd      Structuring transactions to evade

16                              reporting or registration

17                              requirements, financial

18                              transactions totaling or

19                              exceeding $20,000 but less than

20                              $100,000.

21                              (i)  LEVEL 9

22  316.193

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

24                              render aid or give information.

25  327.35(3)(c)3.b.   1st      BUI manslaughter; failing to

26                              render aid or give information.

27  499.0053           1st      Sale or purchase of contraband

28                              legend drugs resulting in great

29                              bodily harm.

30  

31  

                                  24

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    Florida Senate - 2004                           CS for SB 2160
    317-2418-04




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

 2                              payment instruments totaling or

 3                              exceeding $100,000 by money

 4                              transmitter.

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

 6                              unauthorized person, currency, or

 7                              payment instruments totaling or

 8                              exceeding $100,000.

 9  655.50(10)(b)3.    1st      Failure to report financial

10                              transactions totaling or

11                              exceeding $100,000 by financial

12                              institution.

13  775.0844           1st      Aggravated white collar crime.

14  782.04(1)          1st      Attempt, conspire, or solicit to

15                              commit premeditated murder.

16  782.04(3)          1st,PBL   Accomplice to murder in

17                              connection with arson, sexual

18                              battery, robbery, burglary, and

19                              other specified felonies.

20  782.051(1)         1st      Attempted felony murder while

21                              perpetrating or attempting to

22                              perpetrate a felony enumerated in

23                              s. 782.04(3).

24  782.07(2)          1st      Aggravated manslaughter of an

25                              elderly person or disabled adult.

26  787.01(1)(a)1.     1st,PBL  Kidnapping; hold for ransom or

27                              reward or as a shield or hostage.

28  787.01(1)(a)2.     1st,PBL  Kidnapping with intent to commit

29                              or facilitate commission of any

30                              felony.

31  

                                  25

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    Florida Senate - 2004                           CS for SB 2160
    317-2418-04




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

 2                              interfere with performance of any

 3                              governmental or political

 4                              function.

 5  787.02(3)(a)       1st      False imprisonment; child under

 6                              age 13; perpetrator also commits

 7                              aggravated child abuse, sexual

 8                              battery, or lewd or lascivious

 9                              battery, molestation, conduct, or

10                              exhibition.

11  790.161            1st      Attempted capital destructive

12                              device offense.

13  790.166(2)         1st,PBL  Possessing, selling, using, or

14                              attempting to use a weapon of

15                              mass destruction.

16  794.011(2)         1st      Attempted sexual battery; victim

17                              less than 12 years of age.

18  794.011(2)         Life     Sexual battery; offender younger

19                              than 18 years and commits sexual

20                              battery on a person less than 12

21                              years.

22  794.011(4)         1st      Sexual battery; victim 12 years

23                              or older, certain circumstances.

24  794.011(8)(b)      1st      Sexual battery; engage in sexual

25                              conduct with minor 12 to 18 years

26                              by person in familial or

27                              custodial authority.

28  800.04(5)(b)       1st      Lewd or lascivious molestation;

29                              victim less than 12 years;

30                              offender 18 years or older.

31  

                                  26

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    Florida Senate - 2004                           CS for SB 2160
    317-2418-04




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

 2                              deadly weapon.

 3  812.133(2)(a)      1st,PBL  Carjacking; firearm or other

 4                              deadly weapon.

 5  817.568(7)         2nd,PBL  Fraudulent use of personal

 6                              identification information of an

 7                              individual under the age of 18 by

 8                              his or her parent, legal

 9                              guardian, or person exercising

10                              custodial authority.

11  827.03(2)          1st      Aggravated child abuse.

12  847.0145(1)        1st      Selling, or otherwise

13                              transferring custody or control,

14                              of a minor.

15  847.0145(2)        1st      Purchasing, or otherwise

16                              obtaining custody or control, of

17                              a minor.

18  859.01             1st      Poisoning or introducing

19                              bacteria, radioactive materials,

20                              viruses, or chemical compounds

21                              into food, drink, medicine, or

22                              water with intent to kill or

23                              injure another person.

24  893.135            1st      Attempted capital trafficking

25                              offense.

26  893.135(1)(a)3.    1st      Trafficking in cannabis, more

27                              than 10,000 lbs.

28  893.135

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

30                              400 grams, less than 150

31                              kilograms.

                                  27

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    Florida Senate - 2004                           CS for SB 2160
    317-2418-04




 1  893.135

 2   (1)(c)1.c.        1st      Trafficking in illegal drugs,

 3                              more than 28 grams, less than 30

 4                              kilograms.

 5  893.135

 6   (1)(d)1.c.        1st      Trafficking in phencyclidine,

 7                              more than 400 grams.

 8  893.135

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

10                              than 25 kilograms.

11  893.135

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

13                              than 200 grams.

14  893.135

15   (1)(h)1.c.        1st      Trafficking in

16                              gamma-hydroxybutyric acid (GHB),

17                              10 kilograms or more.

18  893.135

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

20                              kilograms or more.

21  893.135

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

23                              400 grams or more.

24  896.101(5)(c)      1st      Money laundering, financial

25                              instruments totaling or exceeding

26                              $100,000.

27  896.104(4)(a)3.    1st      Structuring transactions to evade

28                              reporting or registration

29                              requirements, financial

30                              transactions totaling or

31                              exceeding $100,000.

                                  28

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    Florida Senate - 2004                           CS for SB 2160
    317-2418-04




 1         Section 6.  This act shall take effect July 1, 2004.

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    Florida Senate - 2004                           CS for SB 2160
    317-2418-04




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 2160

 3                                 

 4  
    The bill revises the listed chemicals under chapter 893, F.S.,
 5  to conform to federal requirements for precursor or essential
    chemicals used to manufacture controlled substances.
 6  
    With exceptions, it is unlawful for any person to manufacture
 7  methamphetamine or phencyclidine, or possess any listed
    chemical as defined in s. 893.033, F.S., in violation of s.
 8  893.149, F.S., and with intent to manufacture methamphetamine
    or phencyclidine. Section 893.149, F.S., provides that it is a
 9  second degree felony for a person to possess a listed chemical
    with the intent to unlawfully manufacture a controlled
10  substance, or possess or distribute a listed chemical knowing,
    or having reasonable cause to believe, that the listed
11  chemical will be used to unlawfully manufacture a controlled
    substance.
12  
    If any person manufactures methamphetamine or phencyclidine or
13  possesses any listed chemical with an intent to manufacture
    methamphetamine or phencyclidine and the commission or
14  attempted commission of the crime occurs in a structure or
    conveyance where any child under 16 years of age is present,
15  the person who does so is liable for a first degree felony
    which is punishable by imprisonment of up to 30 years and the
16  imposition of a fine of up to $10,000. Minimum prison terms
    are specified under specified circumstances for this
17  violation.

18  The bill makes it unlawful to store anhydrous ammonia in a
    container that is not approved by the U.S. Department of
19  Transportation to hold anhydrous ammonia; or is not
    constructed in accordance with sound engineering,
20  agricultural, or commercial practices.

21  The possession of 14 grams or more of pseudoephedrine such as
    Sudafed in conjunction with other chemicals and equipment used
22  in the manufacture of amphetamine or methamphetamine is a
    felony of the first degree and subject to the enhanced felony
23  penalties of the drug trafficking provisions under chapter
    893, F.S.
24  
    Criminal violations relating to listed chemicals under s.
25  893.149, F.S., do not apply to a public employee or private
    contractor authorized to clean up or dispose of hazardous
26  waste or toxic substances pursuant to the provisions of
    chapter 893, F.S. Any damages arising out of the unlawful
27  possession of, storage of, or tampering with a listed
    chemical, as defined in s. 893.033, F.S., must be the sole
28  responsibility of the person or persons unlawfully possessing,
    storing, or tampering with the listed chemical. Liability for
29  damages arising out of the unlawful possession of, storage of,
    or tampering with a listed chemical extend to the lawful
30  owner, installer, maintainer, designer, manufacturer,
    possessor, or seller of the listed chemical, is limited to
31  specified circumstances.

                                  30

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