This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1233.CRJ
DATE: 3/27/2023
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1233 Drug-enhancement Zones
SPONSOR(S): Campbell
TIED BILLS: IDEN./SIM. BILLS: SB 1520
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Criminal Justice Subcommittee Loyed Hall
2) Judiciary Committee
SUMMARY ANALYSIS
Under Florida law, certain drug-free zones exist wherein 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 such
areas without facing an increased criminal penalty. Examples of drug-free zones include areas within 1,000
feet of schools, childcare facilities, parks, community centers, churches, religious organizations, and public
housing facilities.
HB 1233 amends s. 893.13, F.S., to:
Revise the hours of operation applicable to a drug-free zone around public or private elementary,
middle, or secondary schools which currently apply from the hours of 6 a.m. to 12 midnight to instead
apply during the school’s hours of operation, including when the school is providing services to students
outside of normal hours of operation;
Eliminate the time restrictions currently applicable to drug-free zones around child care facilities;
Limit the hours of operation applicable to a drug-free zone around a place of worship to only when the
church or religious organization is conducting services or other activities; and
Remove the drug-free zone status of areas around convenience businesses and public housing
facilities.
The bill may have a negative indeterminate jail and prison bed impact because it narrows the application of
drug-free zone offenses involving K-12 schools and places of worship and eliminates drug-free zone offenses
involving public housing facilities and convenience businesses.
The bill provides an effective date of July 1, 2023. STORAGE NAME: h1233.CRJ PAGE: 2
DATE: 3/27/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Section 893.13(1)(a), F.S., punishes the sale, manufacture, or delivery, or possession with intent to
sell, manufacture, or deliver, a controlled substance as a first degree misdemeanor,
1
third degree
felony,
2
or second degree felony,
3
depending upon the type of controlled substance involved in the drug
activity.
4
For example, selling cocaine (a Schedule (2)(a) controlled substance)
5
is a second degree
felony
6
but selling cannabis (a Schedule (1)(c) controlled substance)
7
is a third degree felony.
8
Generally, this described drug activity is punished under s. 893.13(1)(a), F.S.
9
However, when this drug
activity is committed in, on, or within 1,000 feet
10
of certain places and facilities, the degree of the
offense is increased by one degree and the penalty is enhanced. These areas are sometimes referred
to as “drug-free zones.” For example, it is a first degree felony to sell cocaine within 1,000 feet of the
real property of a K-12 school.
11
In contrast, if this sale occurs outside of a K-12 school drug-free zone,
the offense is a second degree felony.
12
Florida’s current drug-free zones are located in, on, or within 1,000 feet of:
The real property comprising a child care facility
13
between the hours of 6 a.m. and 12 midnight,
if the owner or operator of the facility posts a sign according to specifications set forth in
s. 893.13, F.S.;
14
The real property comprising a public or private elementary, middle, or secondary school
between the hours of 6 a.m. and 12 midnight;
15
The real property comprising a state, county, or municipal park (no time restriction);
16
The real property comprising a community center (no time restriction);
17
1
A first degree misdemeanor is punishable by up to one year in county jail, a fine of up to $1,000, or both. Ss. 775.082 and 775.083,
F.S.
2
A third degree felony is punishable by up to 5 years in state prison, a fine of up to $5,000, or both. Ss. 775.082 and 775.083, F.S.
3
A second degree felony is punishable by up to 15 years in state prison, a fine of up to $10,000, or both. Ss. 775.082 and 775.083,
F.S.
4
Controlled substances appear in one of five schedules under s. 893.03, F.S. Penalties are generally greatest for drug activity (like
drug sales) that involves Schedule 1 and 2 controlled substances. Scheduling is determined by specific criteria set forth in s. 893.03,
F.S. For example, a Schedule 1 substance is a substance which has a high potential for abuse and has no currently accepted medical
use in treatment in the United States and its use under medical supervision does not meet accepted safety standards. S. 893.03(1),
F.S.
5
S. 893.03(2)(a)4, F.S.
6
S. 893.13(1)(a)1, F.S.
7
S. 893.03(1)(c)7, F.S.
8
S. 893.13(1)(a)2, F.S.
9
However, s. 893.13(1)(b), F.S., provides that it is a first degree felony to unlawfully sell or deliver more than 10 grams of any Schedule
(1)(a) or (1)(b) controlled substance. Further, some controlled substances when possessed, sold, etc., in a specified quantity can be
punished as drug trafficking under s. 893.135, F.S., which is generally a first degree felony. A first degree felony is generally punishable
by up to 30 years in state prison, a fine of up to $10,000, or both. Ss. 775.082 and 775.083, F.S.
10
Distance is measured “as the crow flies, not as the car drives.” Howard v. State, 591 So. 2d 1067, 1068 (Fla. 4th DCA 1991). For
example, with the K-12 school drug-free zone, distance is measured in a straight line from the boundary of the school’s real property.
11
S. 893.13(1)(c)1, F.S.
12
S. 893.13(1)(a)1, F.S.
13
S. 402.302(2), F.S., provides that a “child care facility” includes any child care center or child care arrangement which provides child
care for more than five children unrelated to the operator and which receives a payment, fee, or grant for any of the children receiving
care, wherever operated, and whether or not operated for profit. “Child care facility” does not include: public schools and nonpublic
schools and their integral programs, except as provided in s. 402.3025, F.S.; summer camps having children in full-time residence;
summer day camps; bible schools normally conducted during vacation periods; and operators of transient establishments, as defined in
ch. 509, F.S., which provide child care services solely for the guests of their establishment or resort, provided that all child care
personnel of the establishment are screened according to the level 2 screening requirements of ch. 435, F.S. Id.
14
S. 893.13(1)(c), F.S.
15
Id.
16
Id.
17
Id. “Community center” means a facility operated by a nonprofit community-based organization for the provision of recreational,
social, or educational services to the public. Id. STORAGE NAME: h1233.CRJ PAGE: 3
DATE: 3/27/2023
The real property comprising a publicly owned recreational facility (no time restriction);
18
The real property comprising a public or private college, university, or other postsecondary
educational institution (no time restriction);
19
A physical place of worship at which a church or religious organization regularly conducts
religious services (no time restriction);
20
A convenience business (between the hours of 11 p.m. and 5 a.m.);
21
The real property comprising a public housing facility (no time restriction);
22
and
The real property comprising:
o A mental health facility, as that term is used in ch. 394, F.S.;
o A health care facility licensed under ch. 395, F.S., which provides substance abuse
treatment;
o A licensed service provider as defined in s. 397.311, F.S.;
o A facility providing services that include clinical treatment, intervention, or prevention as
described in s. 397.311(26), F.S.;
o A recovery residence as defined in s. 397.311, F.S.;
o An assisted living facility as defined in ch. 429, F.S.; or
o A pain management clinic as defined in s. 458.3265(1)(a)1.c., F.S., or
s. 459.0137(1)(a)1.c, F.S. (no time restriction).
23
The drug-free zone provisions do not require either intent to commit a drug offense in a drug-free
zone
24
or knowledge that the offense is being committed within a drug-free zone.
25
Like the penalties
for violations of s. 893.13(1)(a), F.S., the enhanced penalties for drug-free zone violations depend on
the type of controlled substance involved. For example, selling cocaine in a K-12 school drug-free zone
is a first degree felony
26
but selling cannabis in the same drug-free zone is a second degree felony.
27
Controlled substance acts committed in a drug-free zone are sometimes ranked higher in the offense
severity ranking chart of the Criminal Punishment Code than those same acts when committed outside
a drug-free zone.
28
This impacts the scoring of the lowest permissible sentence, which is based on
sentence points accrued. Higher-ranked offenses score more sentence points than lower-ranked
offenses.
29
Further, a three-year mandatory minimum term of imprisonment must be imposed for some
controlled substance offenses when committed in any of the following drug-free zones: K-12 schools;
parks; community centers; and publicly owned recreational facilities.
30
Effect of Proposed Changes
HB 1233 amends s. 893.13, F.S., to:
Revise the hours of operation applicable to a drug-free zone around public or private
elementary, middle, or secondary schools which currently apply from the hours of 6 a.m. to 12
18
Id.
19
S. 893.13(1)(d), F.S.
20
S. 893.13(1)(e), F.S.
21
Id. S. 812.171, F.S., defines a “convenience business” as any place of business that is primarily engaged in the retail sale of
groceries, or both groceries and gasoline, and that is open for business at any time between the hours of 11 p.m. and 5 a.m. The term
“convenience business” does not include: a business that is solely or primarily a restaurant; a business that always has at least five
employees on the premises after 11 p.m. and before 5 a.m.; and a business that has at least 10,000 square feet of retail floor space.
22
S. 893.13(1)(f), F.S. “Real property comprising a public housing facility” means real property, as defined in s. 421.03(12), F.S., of a
public corporation created as a housing authority pursuant to part I of ch. 421, F.S. Id.
23
S. 893.13(1)(h), F.S.
24
Spry v. State, 912 So. 2d 384, 386 (Fla. 2d DCA 2005).
25
Dickerson v. State, 783 So. 2d 1144, 1148 (Fla. 5th DCA 2001), review denied, 819 So. 2d 134 (Fla. 2002).
26
S. 893.13(1)(c)1, F.S.
27
S. 893.13(1)(c)2, F.S.
28
For example, selling cannabis in violation of s. 893.13(1)(a)2, F.S., is a level 3 offense; selling cannabis within 1,000 feet of a K-12
school is a level 5 offense. Ss. 921.0022(3)(c) and (e), F.S.
29
S. 921.0024(1)(a), F.S. For example, in the example cited, supra, at n. 33, a level 3 primary offense scores 16 sentence points and a
level 5 primary offense scores 28 sentence points.
30
S. 893.13(1)(c)1, F.S. STORAGE NAME: h1233.CRJ PAGE: 4
DATE: 3/27/2023
midnight to instead apply during the school’s hours of operation, including when the school is
providing services to students outside of normal hours of operation;
Eliminate the time restrictions currently applicable to drug-free zones around child care facilities
and makes them active at all times;
Limit the hours of operation applicable to a drug-free zone around a place of worship to only
when the church or religious organization is conducting services or other activities; and
Remove the drug-free zone status of areas around convenience businesses and public housing
facilities.
The bill also amends sections 893.149, and 921.002, F.S., to conform provisions to changes made by
the bill.
The bill provides an effective date of July 1, 2023.
B. SECTION DIRECTORY:
Section 1: Amends s. 893.13, F.S. relating to prohibited acts; penalties.
Section 2: Amends s. 893.149, F.S., relating to unlawful possession of listed chemical.
Section 3: Amends s. 921.002, F.S. relating to Criminal Punishment Code; offense severity ranking
chart.
Section 4: Provides an effective date of July 1, 2023.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
The bill may have a negative indeterminate jail and prison bed impact because it narrows the
application of drug-free zone offenses involving K-12 schools and places of worship and eliminates
drug-free zone offenses involving public housing facilities and convenience businesses.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision: STORAGE NAME: h1233.CRJ PAGE: 5
DATE: 3/27/2023
Not applicable.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
Not applicable.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES