Bill Text: FL S0642 | 2019 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Public Safety
Spectrum:
Status: (Introduced - Dead) 2019-05-01 - Laid on Table, companion bill(s) passed, see CS/HB 1021 (Ch. 2019-91), HB 5011 (Ch. 2019-95), CS/HB 7125 (Ch. 2019-167), CS/SB 160 (Ch. 2019-45), CS/SB 828 (Ch. 2019-50), SB 910 (Ch. 2019-61), CS/CS/SB 1418 (Ch. 2019-134) [S0642 Detail]
Download: Florida-2019-S0642-Introduced.html
Bill Title: Public Safety
Spectrum:
Status: (Introduced - Dead) 2019-05-01 - Laid on Table, companion bill(s) passed, see CS/HB 1021 (Ch. 2019-91), HB 5011 (Ch. 2019-95), CS/HB 7125 (Ch. 2019-167), CS/SB 160 (Ch. 2019-45), CS/SB 828 (Ch. 2019-50), SB 910 (Ch. 2019-61), CS/CS/SB 1418 (Ch. 2019-134) [S0642 Detail]
Download: Florida-2019-S0642-Introduced.html
Florida Senate - 2019 SB 642 By Senator Brandes 24-00797A-19 2019642__ 1 A bill to be entitled 2 An act relating to criminal justice; providing a short 3 title; amending s. 893.135, F.S.; requiring that the 4 court impose, for an offense relating to trafficking 5 in certain substances, a sentence pursuant to the 6 Criminal Punishment Code and without regard to any 7 statutory minimum sentence if the court makes 8 specified findings under certain circumstances; 9 amending s. 944.275, F.S.; requiring an education 10 program manager to recommend, and authorizing the 11 Department of Corrections to grant, an award of a 12 specified amount of incentive gain-time to an inmate 13 who has completed the Prison Entrepreneurship Program; 14 revising circumstances under which certain inmates are 15 not eligible for certain types of gain-time in amounts 16 that would cause a sentence to end or require a 17 release prior to serving a minimum percentage of a 18 sentence; amending s. 944.611, F.S.; providing 19 legislative intent with respect to the location of an 20 inmate's confinement; amending s. 944.705, F.S.; 21 requiring that the department provide an inmate with a 22 comprehensive community reentry resource directory 23 organized by county before an inmate’s release; 24 authorizing a nonprofit faith-based business or a 25 professional, civic, or community organization to 26 apply for registration with the department to provide 27 inmate reentry services; requiring the department to 28 adopt certain policies and procedures; authorizing the 29 department to deny approval and registration of an 30 organization or representative of an organization 31 under certain circumstances; authorizing the 32 department to contract with a public or private 33 educational institution’s Veterans Advocacy Clinic or 34 Veterans Legal Clinic for certain purposes; requiring 35 the department to include notification of all 36 outstanding terms of sentence in an inmate’s release 37 documents; requiring the department to adopt certain 38 rules; amending s. 944.801, F.S.; authorizing the 39 Correctional Education Program to establish a Prison 40 Entrepreneurship Program and adopt procedures for 41 admitting student inmates; providing requirements for 42 the program; authorizing transitional and postrelease 43 continuing educational services to be offered under 44 certain circumstances; requiring the department to 45 enter into certain agreements to implement the 46 program; requiring that the program be funded with 47 existing resources; amending s. 948.001, F.S.; 48 redefining the term “administrative probation”; 49 amending s. 948.013, F.S.; authorizing the department 50 to transfer an offender to administrative probation 51 under certain circumstances; amending s. 948.03, F.S.; 52 requiring the department to include in the Florida 53 Crime Information Center system all conditions of 54 probation as determined by the court for each 55 probationer; amending s. 948.06, F.S.; requiring a 56 probation officer to determine whether a probationer 57 or offender on community control who commits a 58 technical violation is eligible for a certain 59 alternative sanctioning program; authorizing the 60 probation officer to take certain actions if such 61 probationer or offender is eligible; defining the term 62 “technical violation”; requiring that judicial 63 circuits establish an alternative sanctioning program; 64 authorizing the chief judge of each judicial circuit 65 to issue specified administrative orders; requiring a 66 probation officer to submit to the court for approval 67 any recommended sanctions against a probationer or 68 offender determined to be eligible for the program to 69 the court for approval; defining the terms “low-risk 70 violation” and “moderate-risk violation”; specifying 71 circumstances under which a probationer or offender on 72 community control is not eligible for an alternative 73 sanction; authorizing a probation officer to offer an 74 eligible probationer one or more specified alternative 75 sanctions for a first or second low-risk violation; 76 authorizing a probation officer, under certain 77 circumstances, to offer an eligible probationer or 78 offender on community control one or more specified 79 alternative sanctions for a first moderate-risk 80 violation; providing that the participation of a 81 probationer or offender on community control in the 82 alternative sanctioning program is voluntary, subject 83 to certain requirements; specifying actions that a 84 probationer or offender on community control may take 85 if he or she is eligible for an alternative 86 sanctioning program; providing that a probation 87 officer, under certain circumstances, submit a 88 recommended sanction to the court; authorizing the 89 court to impose the recommended sanction or direct the 90 department to submit a violation report, affidavit, 91 and warrant to the court; authorizing a probation 92 officer to submit a violation report, affidavit, and 93 warrant to the court under certain circumstances; 94 prohibiting certain evidence in subsequent 95 proceedings; amending s. 893.03, F.S.; conforming a 96 cross-reference; providing an effective date. 97 98 Be It Enacted by the Legislature of the State of Florida: 99 100 Section 1. This act may be cited as the Florida First Step 101 Act. 102 Section 2. Present subsections (6) and (7) of section 103 893.135, Florida Statutes, are redesignated as subsections (7) 104 and (8), respectively, and a new subsection (6) is added to that 105 section, to read: 106 893.135 Trafficking; mandatory sentences; suspension or 107 reduction of sentences; conspiracy to engage in trafficking.— 108 (6) Notwithstanding any other provision of law, for an 109 offense under this section the court shall impose a sentence 110 pursuant to the Criminal Punishment Code under chapter 921 and 111 without regard to any statutory minimum sentence, if the court 112 finds at sentencing, after the state attorney has been afforded 113 the opportunity to make a recommendation, all of the following: 114 (a) The defendant has not previously been convicted of a 115 dangerous crime as defined in s. 907.041, or a violation 116 specified as a predicate offense for registration as a sexual 117 predator under s. 775.21 or for registration as a sexual 118 offender under s. 943.0435. 119 (b) The defendant did not use violence or credible threats 120 of violence or possess a firearm or other dangerous weapon, or 121 induce another participant to do so, in connection with the 122 offense. 123 (c) The offense did not result in death or serious bodily 124 injury to any person. 125 (d) The defendant was not engaged in a continuing criminal 126 enterprise, as defined in s. 893.20. 127 (e) By the time of the sentencing hearing, the defendant 128 has truthfully provided to the state all information and 129 evidence the defendant has concerning the offense or offenses 130 that were part of the same course of conduct or of a common 131 scheme or plan. The fact that the defendant has no other 132 relevant or useful information to provide or that the state is 133 already aware of the information does not preclude a 134 determination by the court that the defendant has complied with 135 this requirement. 136 Section 3. Paragraphs (d) and (f) of subsection (4) of 137 section 944.275, Florida Statutes, are amended to read: 138 944.275 Gain-time.— 139 (4) 140 (d) Notwithstanding the monthly maximum awards of incentive 141 gain-time under subparagraphs (b)1., 2., and 3., the education 142 program manager shall recommend, and the Department of 143 Corrections may grant, a one-time award of 60 additional days of 144 incentive gain-time to an inmate who is otherwise eligible and 145 who successfully completes requirements for and is, or has been 146 during the current commitment, awarded a high school equivalency 147 diploma or vocational certificate, or has completed the Prison 148 Entrepreneurship Program. Under no circumstances may an inmate 149 receive more than 60 days for educational attainment pursuant to 150 this section. 151 (f) An inmate who is subject to subparagraph (b)3. is not 152 eligible to earn or receive gain-time under paragraph (a), 153 paragraph (b), or paragraph (c),or paragraph (d)or any other 154 type of gain-time other than under paragraph (d) in an amount 155 that would cause a sentence to expire, end, or terminate, or 156 that would result in a prisoner’s release, prior to serving a 157 minimum of 85 percent of the sentence imposed. An inmate who is 158 currently serving a sentence for or has been previously 159 convicted of a dangerous crime as defined in s. 907.041, or a 160 violation specified as a predicate offense for registration as a 161 sexual predator under s. 775.21 or for registration as a sexual 162 offender under s. 943.0435, is not eligible to earn or receive 163 gain-time under paragraphs (a) through (d), or any other type of 164 gain-time in an amount that would cause a sentence to expire, 165 end, or terminate, or that would result in a prisoner’s release, 166 prior to serving a minimum of 85 percent of the sentence 167 imposed. For purposes of this paragraph, credits awarded by the 168 court for time physically incarcerated shall be credited toward 169 satisfaction of 85 percent of the sentence imposed. Except as 170 provided by this section, a prisoner may not accumulate further 171 gain-time awards at any point when the tentative release date is 172 the same as that date at which the prisoner will have served 85 173 percent of the sentence imposed. State prisoners sentenced to 174 life imprisonment shall be incarcerated for the rest of their 175 natural lives, unless granted pardon or clemency. 176 Section 4. Subsection (2) of section 944.611, Florida 177 Statutes, is amended to read: 178 944.611 Legislative intent.—The Legislature finds and 179 declares that: 180 (2) It is the intent of the Legislature that: 181 (a) The secretary shall designate the place of each 182 inmate’s confinement and shall, subject to bed availability and 183 the inmate’s security designation, programmatic needs, and 184 mental and medical health needs, place each inmate in an 185 institution or facility as close as practicable to within 150 186 driving miles of the inmate’s primary residence, unless the 187 safety of department employees or inmates requires other 188 placement. Subject to bed availability and the inmate’s security 189 designation, the department shall transfer an inmate to an 190 institution or facility that is as close as practicable to 191 within 150 driving miles of the inmate’s primary residence, 192 unless the inmate chooses to remain at his or her current 193 institution or facility. 194 (b)(a)To the extent possible, an inmate be returned, upon 195 release, to the same area from which the inmate was committed. 196 (c)(b)An inmate being released from a community work 197 release program is not eligible for the provision of 198 transportation. 199 (d)(c)Transportation provided for an eligible inmate upon 200 release shall be to one of the following points: 201 1. The county where parole placement has been approved and 202 supervision is to commence. 203 2. Another state. 204 3. The county of employment within the state. 205 4. The county of legal residence within the state. 206 5. The county of original commitment within the state. 207 (e)(d)Each releasee who is eligible for the provision of 208 transportation shall be escorted to the site of embarkation by 209 an officer of the correctional facility, who shall remain until 210 the releasee has departed. 211 Section 5. Present subsections (3), (4), and (5) of section 212 944.705, Florida Statutes, are redesignated as subsections (4), 213 (5), and (6), respectively, present subsection (6) of that 214 section is amended, and new subsection (3) and subsections (7), 215 (8), (9), and (11) are added to that section, to read: 216 944.705 Release orientation program.— 217 (3) Before an inmate’s release, the department shall 218 provide the inmate with a comprehensive community reentry 219 resource directory organized by county which includes the name, 220 address, and telephone number of each provider and a description 221 of the services offered by each provider. The directory must 222 also include the name, address, and telephone number of existing 223 starting points for using such resources. 224 (7) A nonprofit faith-based business or a professional, 225 civic, or community organization may apply for registration with 226 the department to provide inmate reentry services. Reentry 227 services include, but are not limited to, counseling; providing 228 information on housing and job placement; money management 229 assistance; and programs that address substance abuse, mental 230 health, or co-occurring conditions. 231 (8) The department shall adopt policies and procedures for 232 screening, approving, and registering an organization that 233 applies under subsection (7). The department may deny approval 234 and registration of the organization or a representative of the 235 organization if it determines that the organization or 236 representative does not meet the department’s policies or 237 procedures. 238 (9) The department may contract with a public or private 239 educational institution’s Veterans Advocacy Clinic or Veterans 240 Legal Clinic to assist qualified veteran inmates in applying for 241 veteran’s benefits upon release. 242 (10)(6)(a)The department shall notify every inmate, in no 243 less than 18-point type in the inmate’s release documents:,244 (a) Of all terms of the inmate’s sentence which are 245 outstanding at the time of release, including, but not limited 246 to, a term of supervision and any conditions required upon 247 release from imprisonment or unpaid restitution, court costs, 248 fees, or fines. 249 (b)1. That the inmate may be sentenced pursuant to s. 250 775.082(9) if the inmate commits any felony offense described in 251 s. 775.082(9) within 3 years after the inmate’s release. This 252 notice must be prefaced by the word “WARNING” in boldfaced type. 253 2.(b)Nothing inThis section does not precludeprecludes254 the sentencing of a person pursuant to s. 775.082(9), andnor255shallevidence that the department failed to provide this notice 256 does not prohibit a person from being sentenced pursuant to s. 257 775.082(9). The state isshallnotberequired to demonstrate 258 that a person received any notice from the department in order 259 for the court to impose a sentence pursuant to s. 775.082(9). 260 (11) The department shall adopt rules to implement this 261 section. 262 Section 6. Present subsections (4), (5), and (6) of section 263 944.801, Florida Statutes, are redesignated as subsections (5), 264 (6), and (7), respectively, and a new subsection (4) is added to 265 that section, to read: 266 944.801 Education for state prisoners.— 267 (4) The Correctional Education Program may establish a 268 Prison Entrepreneurship Program and adopt procedures for 269 admitting student inmates. If the department elects to develop 270 the program, it must include at least 180 days of in-prison 271 education. The program curriculum must include a component on 272 developing a business plan, procedures for graduation and 273 certification of successful student inmates, and at least 90 274 days of transitional and postrelease continuing educational 275 services. Transitional and postrelease continuing educational 276 services may be offered to graduate student inmates on a 277 voluntary basis and are not a requirement for completion of the 278 program. The department shall enter into agreements with public 279 or private colleges or universities or other nonprofit entities 280 to implement the program. The program must be funded with 281 existing resources. 282 Section 7. Subsection (1) of section 948.001, Florida 283 Statutes, is amended to read: 284 948.001 Definitions.—As used in this chapter, the term: 285 (1) “Administrative probation” means a form of no contact, 286 nonreporting supervision that may be imposed by order of the 287 court or transfer by the Department of Corrections as provided 288 in s. 948.013in which an offender who presents a low risk of289harm to the community may, upon satisfactory completion of half290the term of probation, be transferred by the Department of291Corrections to this type of reduced level of supervision, as292provided in s. 948.013. 293 Section 8. Subsection (1) of section 948.013, Florida 294 Statutes, is amended to read: 295 948.013 Administrative probation.— 296 (1) The Department of Corrections may transfer an offender 297 to administrative probation if he or she presents a low risk of 298 harm to the community and has satisfactorily completed at least 299 half of his or her probation term. The departmentof Corrections300 may establish procedures for transferring an offender to 301 administrative probation. The department may collect an initial 302 processing fee of up to $50 for each probationer transferred to 303 administrative probation. The offender is exempt from further 304 payment for the cost of supervision as required in s. 948.09. 305 Section 9. Subsection (3) is added to section 948.03, 306 Florida Statutes, to read: 307 948.03 Terms and conditions of probation.— 308 (3) The Department of Corrections shall include in the 309 Florida Crime Information Center system all conditions of 310 probation as determined by the court for each probationer. 311 Section 10. Present paragraphs (c) through (g) of 312 subsection (1) of section 948.06, Florida Statutes, are 313 redesignated as paragraphs (d) through (h), respectively, 314 present paragraph (h) of that subsection is amended, a new 315 paragraph (c) is added to that subsection, and subsection (9) is 316 added to that section, to read: 317 948.06 Violation of probation or community control; 318 revocation; modification; continuance; failure to pay 319 restitution or cost of supervision.— 320 (1) 321 (c) If a probationer or offender on community control 322 commits a technical violation, the probation officer shall 323 determine whether the probationer or offender on community 324 control is eligible for the alternative sanctioning program 325 under subsection (9). If the probation officer determines that 326 the probationer or offender on community control is eligible, 327 the probation officer may submit recommended sanctions to the 328 court for its approval in lieu of filing an affidavit of 329 violation with the court. For purposes of this section, the term 330 “technical violation” means an alleged violation of supervision 331 that is not a new felony offense, misdemeanor offense, or 332 criminal traffic offense. 333(h)1.The chief judge of each judicial circuit, in334consultation with the state attorney, the public defender, and335the department, may establish an alternative sanctioning program336in which the department, after receiving court approval, may337enforce specified sanctions for certain technical violations of338supervision. For purposes of this paragraph, the term “technical339violation” means any alleged violation of supervision that is340not a new felony offense, misdemeanor offense, or criminal341traffic offense.3422.To establish an alternative sanctioning program, the343chief judge must issue an administrative order specifying:344a.Eligibility criteria.345b.The technical violations that are eligible for the346program.347c.The sanctions that may be recommended by a probation348officer for each technical violation.349d.The process for reporting technical violations through350the alternative sanctioning program, including approved forms.3513.If an offender is alleged to have committed a technical352violation of supervision that is eligible for the program, the353offender may:354a.Waive participation in the alternative sanctioning355program, in which case the probation officer may submit a356violation report, affidavit, and warrant to the court in357accordance with this section; or358b.Elect to participate in the alternative sanctioning359program after receiving written notice of an alleged technical360violation and a disclosure of the evidence against the offender,361admit to the technical violation, agree to comply with the362probation officer’s recommended sanction if subsequently ordered363by the court, and agree to waive the right to:364(I)Be represented by legal counsel.365(II)Require the state to prove his or her guilt before a366neutral and detached hearing body.367(III)Subpoena witnesses and present to a judge evidence in368his or her defense.369(IV)Confront and cross-examine adverse witnesses.370(V)Receive a written statement from a factfinder as to the371evidence relied on and the reasons for the sanction imposed.3724.If the offender admits to committing the technical373violation and agrees with the probation officer’s recommended374sanction, the probation officer must, before imposing the375sanction, submit the recommended sanction to the court as well376as documentation reflecting the offender’s admission to the377technical violation and agreement with the recommended sanction.3785.The court may impose the recommended sanction or may379direct the department to submit a violation report, affidavit,380and warrant to the court in accordance with this section.3816.An offender’s participation in an alternative382sanctioning program is voluntary. The offender may elect to383waive or discontinue participation in an alternative sanctioning384program at any time before the issuance of a court order385imposing the recommended sanction.3867.If an offender waives or discontinues participation in387an alternative sanctioning program, the probation officer may388submit a violation report, affidavit, and warrant to the court389in accordance with this section. The offender’s prior admission390to the technical violation may not be used as evidence in391subsequent proceedings.392 (9)(a) Each judicial circuit shall establish an alternative 393 sanctioning program as provided in this subsection. The chief 394 judge of each judicial circuit may, by administrative order, 395 define additional sanctions or eligibility criteria and specify 396 the process for reporting technical violations through the 397 alternative sanctioning program. Any sanctions recommended for 398 imposition through an alternative sanctions program must be 399 submitted to the court by the probation officer for approval 400 prior to imposing the sanction. 401 (b) When committed by a probationer, a “low-risk violation” 402 as used in this subsection means any of the following: 403 1. A positive drug or alcohol test result. 404 2. Failure to report to the probation office. 405 3. Failure to report a change in address or other required 406 information. 407 4. Failure to attend a required class, treatment or 408 counseling session, or meeting. 409 5. Failure to submit to a drug or alcohol test. 410 6. A violation of curfew. 411 7. Failure to meet a monthly quota on any required 412 probation condition, including, but not limited to, making 413 restitution payments, paying court costs, or completing 414 community service hours. 415 8. Leaving the county without permission. 416 9. Failure to report a change of employment. 417 10. Associating with a person engaged in criminal activity. 418 11. Any other violation as determined by administrative 419 order of the chief judge of the circuit. 420 (c) A “moderate-risk violation” as used in this subsection 421 means any of the following: 422 1. A violation listed in paragraph (b) when committed by an 423 offender on community control. 424 2. Failure to remain at an approved residence by an 425 offender on community control. 426 3. A third violation listed in paragraph (b) by a 427 probationer within the current term of supervision. 428 4. Any other violation as determined by administrative 429 order of the chief judge of the circuit. 430 (d) A probationer or offender on community control is not 431 eligible for an alternative sanction if: 432 1. He or she is a violent felony offender of special 433 concern as defined in paragraph (8)(b); 434 2. The violation is a felony, misdemeanor, or criminal 435 traffic offense; 436 3. The violation is absconding; 437 4. The violation is of a stay-away order or no-contact 438 order; 439 5. The violation is not identified as low-risk or moderate 440 risk under this subsection or by administrative order; 441 6. He or she has a prior moderate-risk level violation 442 during the current term of supervision; 443 7. He or she has three prior low-risk level violations 444 during the same term of supervision; 445 8. The term of supervision is scheduled to terminate in 446 less than 90 days; or 447 9. The terms of the sentence prohibit alternative 448 sanctioning. 449 (e) For a first or second low-risk violation, as defined in 450 paragraph (b), within the current term of supervision, a 451 probation officer may offer an eligible probationer one or more 452 of the following as an alternative sanction: 453 1. Up to 5 days in the county jail. 454 2. Up to 50 additional community service hours. 455 3. Counseling or treatment. 456 4. Support group attendance. 457 5. Drug testing. 458 6. Loss of travel or other privileges. 459 7. Curfew for up to 30 days. 460 8. House arrest for up to 30 days. 461 9. Any other sanction as determined by administrative order 462 of the chief judge of the circuit. 463 (f) For a first moderate-risk violation, as defined in 464 paragraph (c), within the current term of supervision, a 465 probation officer, with a supervisor’s approval, may offer an 466 eligible probationer or offender on community control one or 467 more of the following as an alternative sanction: 468 1. Up to 21 days in the county jail. 469 2. Curfew for up to 90 days. 470 3. House arrest for up to 90 days. 471 4. Electronic monitoring for up to 90 days. 472 5. Residential treatment for up to 90 days. 473 6. Any other sanction available for a low-risk violation. 474 7. Any other sanction as determined by administrative order 475 of the chief judge of the circuit. 476 (g) The participation of a probationer or an offender on 477 community control in the program is voluntary. The probationer 478 or offender on community control may waive or discontinue 479 participation in the program at any time before the court 480 imposes a recommended sanction. 481 (h)1. If a probationer or offender on community control is 482 eligible for the alternative sanctioning program under this 483 subsection, he or she may: 484 a. Waive participation in the program, in which case the 485 probation officer may submit a violation report, affidavit, and 486 warrant to the court; or 487 b. Elect to participate in the program after receiving 488 written notice of an alleged technical violation and disclosure 489 of the evidence against him or her, admitting to the technical 490 violation, agreeing to comply with the probation officer’s 491 recommended sanction if subsequently ordered by the court, and 492 agreeing to waive the right to: 493 (I) Be represented by legal counsel. 494 (II) Require the state to prove his or her guilt before a 495 neutral and detached hearing body. 496 (III) Subpoena witnesses and present to a judge evidence in 497 his or her defense. 498 (IV) Confront and cross-examine adverse witnesses. 499 (V) Receive a written statement from a judge as to the 500 evidence relied on and the reasons for the sanction imposed. 501 2. If the probationer or offender on community control 502 admits to committing the technical violation and agrees with the 503 probation officer’s recommended sanction, the probation officer 504 must, before imposing the sanction, submit the recommended 505 sanction to the court with documentation reflecting the 506 probationer’s admission to the technical violation and agreement 507 with the recommended sanction. 508 (i) The court may impose the recommended sanction or direct 509 the department to submit a violation report, affidavit, and 510 warrant to the court. 511 (j) If a probationer or offender on community control 512 waives or discontinues participation in the program or fails to 513 successfully complete all alternative sanctions within 90 days 514 after imposition or within the timeframe specified in the agreed 515 upon sanction, the probation officer may submit a violation 516 report, affidavit, and warrant to the court. A prior admission 517 by the probationer or offender on community control to a 518 technical violation may not be used as evidence in subsequent 519 proceedings. 520 Section 11. Paragraph (c) of subsection (3) of section 521 893.03, Florida Statutes, is amended to read: 522 893.03 Standards and schedules.—The substances enumerated 523 in this section are controlled by this chapter. The controlled 524 substances listed or to be listed in Schedules I, II, III, IV, 525 and V are included by whatever official, common, usual, 526 chemical, trade name, or class designated. The provisions of 527 this section shall not be construed to include within any of the 528 schedules contained in this section any excluded drugs listed 529 within the purview of 21 C.F.R. s. 1308.22, styled “Excluded 530 Substances”; 21 C.F.R. s. 1308.24, styled “Exempt Chemical 531 Preparations”; 21 C.F.R. s. 1308.32, styled “Exempted 532 Prescription Products”; or 21 C.F.R. s. 1308.34, styled “Exempt 533 Anabolic Steroid Products.” 534 (3) SCHEDULE III.—A substance in Schedule III has a 535 potential for abuse less than the substances contained in 536 Schedules I and II and has a currently accepted medical use in 537 treatment in the United States, and abuse of the substance may 538 lead to moderate or low physical dependence or high 539 psychological dependence or, in the case of anabolic steroids, 540 may lead to physical damage. The following substances are 541 controlled in Schedule III: 542 (c) Unless specifically excepted or unless listed in 543 another schedule, any material, compound, mixture, or 544 preparation containing limited quantities of any of the 545 following controlled substances or any salts thereof: 546 1. Not more than 1.8 grams of codeine per 100 milliliters 547 or not more than 90 milligrams per dosage unit, with an equal or 548 greater quantity of an isoquinoline alkaloid of opium. 549 2. Not more than 1.8 grams of codeine per 100 milliliters 550 or not more than 90 milligrams per dosage unit, with recognized 551 therapeutic amounts of one or more active ingredients which are 552 not controlled substances. 553 3. Not more than 300 milligrams of hydrocodone per 100 554 milliliters or not more than 15 milligrams per dosage unit, with 555 a fourfold or greater quantity of an isoquinoline alkaloid of 556 opium. 557 4. Not more than 300 milligrams of hydrocodone per 100 558 milliliters or not more than 15 milligrams per dosage unit, with 559 recognized therapeutic amounts of one or more active ingredients 560 that are not controlled substances. 561 5. Not more than 1.8 grams of dihydrocodeine per 100 562 milliliters or not more than 90 milligrams per dosage unit, with 563 recognized therapeutic amounts of one or more active ingredients 564 which are not controlled substances. 565 6. Not more than 300 milligrams of ethylmorphine per 100 566 milliliters or not more than 15 milligrams per dosage unit, with 567 one or more active, nonnarcotic ingredients in recognized 568 therapeutic amounts. 569 7. Not more than 50 milligrams of morphine per 100 570 milliliters or per 100 grams, with recognized therapeutic 571 amounts of one or more active ingredients which are not 572 controlled substances. 573 574 For purposes of charging a person with a violation of s. 893.135 575 involving any controlled substance described in subparagraph 3. 576 or subparagraph 4., the controlled substance is a Schedule III 577 controlled substance pursuant to this paragraph but the weight 578 of the controlled substance per milliliters or per dosage unit 579 is not relevant to the charging of a violation of s. 893.135. 580 The weight of the controlled substance shall be determined 581 pursuant to s. 893.135(7)s. 893.135(6). 582 Section 12. This act shall take effect July 1, 2019.