Title: Drug-enhancement Zones

Summary: Revises certain drug-enhancement zones.

Full Text:
An act relating to drug-enhancement zones; amending s. 893.13, F.S.; revising certain drug-enhancement zones; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Paragraphs (c) and (e) of subsection (1) of section 893.13, Florida Statutes, are amended to read: 893.13 Prohibited acts; penalties.-(1) (c) Except as authorized by this chapter, a person may not sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance in, on, or within 1,000 feet of the real property comprising a child care facility as defined in s. 402.302 or a public or private elementary,middle, or secondary school during the hours of operation of the child care facility or school, including when the child care facility or school is providing services to children or students outside of normal hours of operation between the hours of a.m.and midnight,or at any time in, on, or within 1,000 feet of real property comprising a state, county, or municipal park, a community center, or a publicly owned recreational facility. As used in this paragraph, the term "community center" means a fac ility operated by a nonprofit CS/HB 1233 2023 community-based organization for the provision of recreational, social, or educational services to the public. A person who violates this paragraph with respect to: 1. A controlled substance named or described in s. 893.03(1 )(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The defendant must be sentenced to a minimum term of imprisonment of calendar years unless the offens ewas committed within 1,000 feet of the real property comprising a child care facility as defined in s. 402.302. 2. A controlled substance named or described in s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c )10., (3), or (4) commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 3. Any other controlled substance, except as lawfully sold, manufactured, or delivered, must be sentenced to pay a $500 fine and to serve hours of public service in addition to any other penalty prescribed by law. This paragraph does not apply to a child care facility unless the owner or operator of the facility posts a sign that is not less than square feet in size with a word legend identifying the facility as a licensed child care facility and that is CS/HB 1233 2023 posted on the property of the child care facility in a conspicuous place where the sign is reasonably visible to the public. (e) Except as authorized by this chapter, a person may not sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance not authorized by law in, on, or within 1,000 feet of a physical place for worship at which a church or religious organization regularly conducts religious services when such church or religious organization is conducting religious services or activities or within 1,000 feet of a convenience business as defined in s. 812.171. A person who violates this paragraph with respect to: 1. A cont rolled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. A controlled substance named or described in s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 3. Any other controlled substance, except a slawfully sold, manufactured, or delivered, must be sentenced to pay a $500 fine and to serve hours of public service in addition to any other penalty prescribed by law. CS/HB 1233 2023 Section 2. This act shall take effect July 1, 2023.