CS/HB 1233 2023
CODING: Words stricken are deletions; words underlined are additions.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to drug -enhancement zones; amending s. 2
893.13, F.S.; revising certain drug -enhancement zones; 3
providing an effective date. 4
5
Be It Enacted by the Legislature of the State of Florida: 6
7
Section 1. Paragraphs (c) and (e) of subsection (1) of 8
section 893.13, Florida Statutes, are amended to read: 9
893.13 Prohibited acts; penalties. — 10
(1) 11
(c) Except as authorized by this chapter, a person may not 12
sell, manufacture, or deliver, or possess with intent to sell, 13
manufacture, or deliver, a controlled substance in, on, or 14
within 1,000 feet of the real property comprising a child care 15
facility as defined in s. 402.302 or a public or private 16
elementary, middle, or secondary school during the hours of 17
operation of the child care facility or school, including when 18
the child care facility or school is providing services to 19
children or students outside of normal hours of operation 20
between the hours of 6 a.m . and 12 midnight, or at any time in, 21
on, or within 1,000 feet of real property comprising a state, 22
county, or municipal park, a community center, or a publicly 23
owned recreational facility. As used in this paragraph, the term 24
"community center" means a fac ility operated by a nonprofit 25
CS/HB 1233 2023
CODING: Words stricken are deletions; words underlined are additions.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
community-based organization for the provision of recreational, 26
social, or educational services to the public. A person who 27
violates this paragraph with respect to: 28
1. A controlled substance named or described in s. 29
893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. 30
commits a felony of the first degree, punishable as provided in 31
s. 775.082, s. 775.083, or s. 775.084. The defendant must be 32
sentenced to a minimum term of imprisonment of 3 calendar years 33
unless the offense was committed within 1,000 feet of the real 34
property comprising a child care facility as defined in s. 35
402.302. 36
2. A controlled substance named or described in s. 37
893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., 38
(2)(c)8., (2)(c)9., (2)(c )10., (3), or (4) commits a felony of 39
the second degree, punishable as provided in s. 775.082, s. 40
775.083, or s. 775.084. 41
3. Any other controlled substance, except as lawfully 42
sold, manufactured, or delivered, must be sentenced to pay a 43
$500 fine and to serve 100 hours of public service in addition 44
to any other penalty prescribed by law. 45
46
This paragraph does not apply to a child care facility unless 47
the owner or operator of the facility posts a sign that is not 48
less than 2 square feet in size with a word legend identifying 49
the facility as a licensed child care facility and that is 50
CS/HB 1233 2023
CODING: Words stricken are deletions; words underlined are additions.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
posted on the property of the child care facility in a 51
conspicuous place where the sign is reasonably visible to the 52
public. 53
(e) Except as authorized by this chapter, a person may not 54
sell, manufacture, or deliver, or possess with intent to sell, 55
manufacture, or deliver, a controlled substance not authorized 56
by law in, on, or within 1,000 feet of a physical place for 57
worship at which a church or religious organization regularly 58
conducts religious services when such church or religious 59
organization is conducting religious services or activities or 60
within 1,000 feet of a convenience business as defined in s. 61
812.171. A person who violates this paragraph with respect to: 62
1. A controlled substance named or described in s. 63
893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. 64
commits a felony of the first degree, punishable as provided in 65
s. 775.082, s. 775.083, or s. 775.084. 66
2. A controlled substance named or described in s. 67
893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., 68
(2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a felony of 69
the second degree, punishable as provided in s. 775.082, s. 70
775.083, or s. 775.084. 71
3. Any other controlled substance, except a s lawfully 72
sold, manufactured, or delivered, must be sentenced to pay a 73
$500 fine and to serve 100 hours of public service in addition 74
to any other penalty prescribed by law. 75
CS/HB 1233 2023
CODING: Words stricken are deletions; words underlined are additions.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Section 2. This act shall take effect July 1, 2023. 76