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1A bill to be entitled
2An act relating to criminal offenses against law
3enforcement officers and other personnel; providing a
4short title; amending s. 776.051, F.S.; revising a
5prohibition on the use or threatened use of force to
6resist arrest or detention; defining the term "acting
7in good faith"; amending s. 782.065, F.S.; providing
8for enhanced punishment for manslaughter when
9committed against specified officers; revising
10applicability; amending s. 784.07, F.S.; revising the
11definition of the term "law enforcement officer";
12revising provisions concerning assault or battery upon
13specified officers and other personnel; amending s.
14843.01, F.S.; revising a provision concerning
15resisting, obstructing, or opposing specified officers
16or legally authorized persons; amending s. 921.0022,
17F.S.; increasing the level on the offense severity
18ranking chart for committing battery on law
19enforcement officers and other specified personnel;
20providing an effective date.
21
22Be It Enacted by the Legislature of the State of Florida:
23
24Section 1.  This act may be cited as the "Officer Jason
25Raynor Act."
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26Section 2.  Section 776.051, Florida Statutes, is amended
27    to read:
28776.051       Use or threatened use of force in resisting arrest
29    or detention making an arrest or in the execution of a legal
30    duty; prohibition.—
31(1)     A person is not justified in the use or threatened use
32    of force to resist any an arrest or detention by a law
33    enforcement officer, or to resist a law enforcement officer who
34    is engaged in the performance of his or her official duties as
35    described in s. 943.10(1) execution of a legal duty, if the law
36    enforcement officer was acting in good faith and he or she is
37    known, or reasonably appears, to be a law enforcement officer.
38    As used in this section, the term "acting in good faith" means
39    to make sincere and reasonable efforts to comply with legal
40    requirements, even if the arrest, detention, or other act is
41    later found to have been unlawful.
42(2)     A law enforcement officer, or any person whom the
43    officer has summoned or directed to assist him or her, is not
44    justified in the use of force if the arrest or execution of a
45    legal duty is unlawful and known by him or her to be unlawful.
46Section 3.  Section 782.065, Florida Statutes, is amended
47    to read:
48782.065       Murder; law enforcement officer, correctional
49    officer, correctional probation officer.—Notwithstanding ss.
50    775.082, 775.0823, 782.04, 782.051, and chapter 921, a defendant
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51    must shall be sentenced to life imprisonment without eligibility
52    for release upon findings by the trier of fact that, beyond a
53    reasonable doubt:
54(1)     The defendant committed murder in the first degree in
55    violation of s. 782.04(1) and a death sentence was not imposed;
56    murder in the second or third degree in violation of s.
57    782.04(2), (3), or (4); attempted murder in the first or second
58    degree in violation of s. 782.04(1)(a)1. or (2); or attempted
59    felony murder in violation of s. 782.051; or manslaughter in
60    violation of s. 782.07(1); and
61(2)     The victim of any offense described in subsection (1)
62    was a law enforcement officer, part-time law enforcement
63    officer, auxiliary law enforcement officer, correctional
64    officer, part-time correctional officer, auxiliary correctional
65    officer, correctional probation officer, part-time correctional
66    probation officer, or auxiliary correctional probation officer,
67    as those terms are defined in s. 943.10, who was engaged in the
68    performance of his or her official duties as described in s.
69    943.10 lawful performance of a legal duty.
70Section 4.  Paragraph (e) of subsection (1) and subsection
71    (2) of section 784.07, Florida Statutes, are amended to read:
72784.07       Assault or battery of law enforcement officers and
73    other specified personnel; reclassification of offenses; minimum
74    sentences.—
75(1)     As used in this section, the term:
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76(e)     "Law enforcement officer" includes a law enforcement
77     officer, a correctional officer, a correctional probation
78     officer, a part-time law enforcement officer, a part-time
79     correctional officer, an auxiliary law enforcement officer, and
80     an auxiliary correctional officer, as those terms are
81     respectively defined in s. 943.10, and any county probation
82     officer; an employee or agent of the Department of Corrections
83     who supervises or provides services to inmates; an officer of
84     the Florida Commission on Offender Review; a federal law
85     enforcement officer as defined in s. 901.1505; and law
86     enforcement personnel of the Fish and Wildlife Conservation
87     Commission, the Department of Environmental Protection, or the
88     Department of Law Enforcement. The duties and responsibilities
89     of these respective positions are described in s. 943.10.
90(2)     Whenever any person is charged with knowingly
91     committing an assault or battery upon a law enforcement officer,
92     a firefighter, an emergency medical care provider, hospital
93     personnel, a railroad special officer, a traffic accident
94     investigation officer as described in s. 316.640, a nonsworn law
95     enforcement agency employee who is certified as an agency
96     inspector, a blood alcohol analyst, or a breath test operator
97     while such employee is in uniform and engaged in processing,
98     testing, evaluating, analyzing, or transporting a person who is
99     detained or under arrest for DUI, a law enforcement explorer, a
100    traffic infraction enforcement officer as described in s.
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101    316.640, a parking enforcement specialist as defined in s.
102    316.640, a person licensed as a security officer as defined in
103    s. 493.6101 and wearing a uniform that bears at least one patch
104    or emblem that is visible at all times that clearly identifies
105    the employing agency and that clearly identifies the person as a
106    licensed security officer, a security officer employed by the
107    board of trustees of a community college, or a utility worker
108    engaged in work on critical infrastructure as defined in s.
109    812.141(1), while the officer, firefighter, emergency medical
110    care provider, hospital personnel, railroad special officer,
111    traffic accident investigation officer, traffic infraction
112    enforcement officer, inspector, analyst, operator, law
113    enforcement explorer, parking enforcement specialist, public
114    transit employee or agent, security officer, or utility worker
115    is engaged in the lawful performance of his or her official
116    duties, the offense for which the person is charged shall be
117    reclassified as follows:
118(a)     In the case of assault, from a misdemeanor of the
119    second degree to a misdemeanor of the first degree.
120(b)     In the case of battery, from a misdemeanor of the
121    first degree to a felony of the third degree. Notwithstanding
122    any other provision of law, a person convicted of battery upon a
123    law enforcement officer committed in furtherance of a riot or an
124    aggravated riot prohibited under s. 870.01 shall be sentenced to
125    a minimum term of imprisonment of 6 months.
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126(c)     In the case of aggravated assault, from a felony of
127    the third degree to a felony of the second degree.
128    Notwithstanding any other provision of law, any person convicted
129    of aggravated assault upon a law enforcement officer shall be
130    sentenced to a minimum term of imprisonment of 3 years.
131(d)     In the case of aggravated battery, from a felony of
132    the second degree to a felony of the first degree.
133    Notwithstanding any other provision of law, any person convicted
134    of aggravated battery of a law enforcement officer shall be
135    sentenced to a minimum term of imprisonment of 5 years.
136Section 5.  Subsection (1) of section 843.01, Florida
137    Statutes, is amended to read:
138843.01       Resisting, obstructing, or opposing by offering or
139    doing violence to legally authorized person, police canine, or
140    police horse.—
141(1)     Whoever knowingly and willfully resists, obstructs, or
142    opposes any officer as defined in s. 943.10(1), (2), (3), (6),
143    (7), (8), or (9); member of the Florida Commission on Offender
144    Review or any administrative aide or supervisor employed by the
145    commission; parole and probation supervisor; county probation
146    officer; personnel or representative of the Department of Law
147    Enforcement; or other person legally authorized to execute
148    process in the execution of legal process or engaged in the
149    performance of his or her official duties as described in s.
150    943.10 lawful execution of any legal duty, by offering or doing
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151    violence to the person of such officer or legally authorized
152    person, commits a felony of the third degree, punishable as
153    provided in s. 775.082, s. 775.083, or s. 775.084.
154Section 6.  Paragraphs (d) and (e) of subsection (3) of
155    section 921.0022, Florida Statutes, are amended to read:
156921.0022  Criminal Punishment Code; offense severity
157    ranking chart.—
158(3)     OFFENSE SEVERITY RANKING CHART
159(d)     LEVEL 4
160
  Florida  Felony
  Statute  Degree  Description
161
104.1553rd      Unqualified noncitizen electors
  voting; aiding or soliciting
  noncitizen electors in voting.
162
  499.0051(1)  3rd      Failure to maintain or deliver
  transaction history,
  transaction information, or
  transaction statements.
163
  499.0051(5)  2nd      Knowing sale or delivery, or
  possession with intent to sell,
  contraband prescription drugs.
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164
  517.07(1)  3rd       Failure to register securities.
165
  517.12(1)  3rd       Failure of dealer or associated
  person of a dealer of
  securities to register.
166
784.0313rd       Battery by strangulation.
167
  784.07(2)(b)  3rd       Battery of law enforcement
  officer, firefighter, etc.
168
  784.074(1)(c)  3rd       Battery of sexually violent
  predators facility staff.
169
784.0753rd       Battery on detention or
  commitment facility staff.
170
784.0783rd       Battery of facility employee by
  throwing, tossing, or expelling
  certain fluids or materials.
171
  784.08(2)(c)  3rd       Battery on a person 65 years of
  age or older.
172
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  784.081(3)  3rd       Battery on specified official
  or employee.
173
  784.082(3)  3rd       Battery by detained person on
  visitor or other detainee.
174
  784.083(3)  3rd       Battery on code inspector.
175
784.0853rd       Battery of child by throwing,
  tossing, projecting, or
  expelling certain fluids or
  materials.
176
  787.03(1)  3rd       Interference with custody;
  wrongly takes minor from
  appointed guardian.
177
  787.04(2)  3rd       Take, entice, or remove child
  beyond state limits with
  criminal intent pending custody
  proceedings.
178
  787.04(3)  3rd       Carrying child beyond state
  lines with criminal intent to
  avoid producing child at
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  custody hearing or delivering
  to designated person.
179
787.073rd       Human smuggling.
180
  790.115(1)  3rd       Exhibiting firearm or weapon
  within 1,000 feet of a school.
181
  790.115(2)(b)  3rd       Possessing electric weapon or
  device, destructive device, or
  other weapon on school
  property.
182
  790.115(2)(c)  3rd       Possessing firearm on school
  property.
183
  794.051(1)  3rd       Indecent, lewd, or lascivious
  touching of certain minors.
184
  800.04(7)(c)  3rd       Lewd or lascivious exhibition;
  offender less than 18 years.
185
806.1352nd       Destroying or demolishing a
  memorial or historic property.
186
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  810.02(4)(a)  3rd       Burglary, or attempted
  burglary, of an unoccupied
  structure; unarmed; no assault
  or battery.
187
  810.02(4)(b)  3rd       Burglary, or attempted
  burglary, of an unoccupied
  conveyance; unarmed; no assault
  or battery.
188
810.063rd       Burglary; possession of tools.
189
  810.08(2)(c)  3rd       Trespass on property, armed
  with firearm or dangerous
  weapon.
190
  810.145(3)(b)  3rd       Digital voyeurism
  dissemination.
191
  812.014(2)(c)3.  3rd       Grand theft, 3rd degree $10,000
  or more but less than $20,000.
192
812.0143rd       Grand theft, 3rd degree;
  (2)(c)4. &  specified items.
  6.-10.
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193
  812.014(2)(d)2.  3rd       Grand theft, 3rd degree; $750
  or more taken from dwelling or
  its unenclosed curtilage.
194
  812.014(2)(e)3.  3rd       Petit theft, 1st degree; less
  than $40 taken from dwelling or
  its unenclosed curtilage with
  two or more prior theft
  convictions.
195
  812.0195(2)  3rd       Dealing in stolen property by
  use of the Internet; property
  stolen $300 or more.
196
  817.505(4)(a)  3rd       Patient brokering.
197
  817.563(1)  3rd       Sell or deliver substance other
  than controlled substance
  agreed upon, excluding s.
  893.03(5) drugs.
198
  817.568(2)(a)  3rd       Fraudulent use of personal
  identification information.
199
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  817.5695(3)(c)  3rd       Exploitation of person 65 years
  of age or older, value less
  than $10,000.
200
  817.625(2)(a)  3rd       Fraudulent use of scanning
  device, skimming device, or
  reencoder.
201
  817.625(2)(c)  3rd       Possess, sell, or deliver
  skimming device.
202
  828.125(1)  2nd       Kill, maim, or cause great
  bodily harm or permanent
  breeding disability to any
  registered horse or cattle.
203
  836.14(2)  3rd       Person who commits theft of a
  sexually explicit image with
  intent to promote it.
204
  836.14(3)  3rd       Person who willfully possesses
  a sexually explicit image with
  certain knowledge, intent, and
  purpose.
205
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  837.02(1)  3rd       Perjury in official
  proceedings.
206
  837.021(1)  3rd       Make contradictory statements
  in official proceedings.
207
838.0223rd       Official misconduct.
208
  839.13(2)(a)  3rd       Falsifying records of an
  individual in the care and
  custody of a state agency.
209
  839.13(2)(c)  3rd       Falsifying records of the
  Department of Children and
  Families.
210
843.0213rd       Possession of a concealed
  handcuff key by a person in
  custody.
211
843.0253rd       Deprive law enforcement,
  correctional, or correctional
  probation officer of means of
  protection or communication.
212
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  843.15(1)(a)  3rd       Failure to appear while on bail
  for felony (bond estreature or
  bond jumping).
213
  843.19(2)  2nd       Injure, disable, or kill
  police, fire, or SAR canine or
  police horse.
214
  847.0135(5)(c)  3rd       Lewd or lascivious exhibition
  using computer; offender less
  than 18 years.
215
  870.01(3)  2nd       Aggravated rioting.
216
  870.01(5)  2nd       Aggravated inciting a riot.
217
  874.05(1)(a)  3rd       Encouraging or recruiting
  another to join a criminal
  gang.
218
  893.13(2)(a)1.  2nd       Purchase of cocaine (or other
  s. 893.03(1)(a), (b), or (d),
  (2)(a), (2)(b), or (2)(c)5.
  drugs).
219
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  914.14(2)  3rd       Witnesses accepting bribes.
220
  914.22(1)  3rd       Force, threaten, etc., witness,
  victim, or informant.
221
  914.23(2)  3rd       Retaliation against a witness,
  victim, or informant, no bodily
  injury.
222
  916.1085  3rd       Introduction of specified
  (2)(c)1.  contraband into certain DCF
  facilities.
223
934.2153rd       Use of two-way communications
  device to facilitate commission
  of a crime.
224
  944.47(1)(a)6.  3rd       Introduction of contraband
  (cellular telephone or other
  portable communication device)
  into correctional institution.
225
  951.22(1)(h),  3rd       Intoxicating drug,
  (j) & (k)  instrumentality or other device
  to aid escape, or cellular
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  telephone or other portable
  communication device introduced
  into county detention facility.
226
227(e)     LEVEL 5
228
  Florida  Felony
  Statute  Degree  Description
229
  316.027(2)(a)  3rd       Accidents involving personal
  injuries other than serious
  bodily injury, failure to stop;
  leaving scene.
230
  316.1935(3)(a)  2nd       Driving at high speed or with
  wanton disregard for safety
  while fleeing or attempting to
  elude law enforcement officer
  who is in a patrol vehicle with
  siren and lights activated.
231
  316.80(2)  2nd       Unlawful conveyance of fuel;
  obtaining fuel fraudulently.
232
  322.34(6)  3rd       Careless operation of motor
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  vehicle with suspended license,
  resulting in death or serious
  bodily injury.
233
  327.30(5)(a)2.  3rd       Vessel accidents involving
  personal injuries other than
  serious bodily injury; leaving
  scene.
234
365.1722nd       Misuse of emergency
  (14)(b)2.  communications system resulting
  in death.
235
  379.365(2)(c)1.  3rd       Violation of rules relating to:
  willful molestation of stone
  crab traps, lines, or buoys;
  illegal bartering, trading, or
  sale, conspiring or aiding in
  such barter, trade, or sale, or
  supplying, agreeing to supply,
  aiding in supplying, or giving
  away stone crab trap tags or
  certificates; making, altering,
  forging, counterfeiting, or
  reproducing stone crab trap
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  tags; possession of forged,
  counterfeit, or imitation stone
  crab trap tags; and engaging in
  the commercial harvest of stone
  crabs while license is
  suspended or revoked.
236
  379.367(4)  3rd       Willful molestation of a
  commercial harvester's spiny
  lobster trap, line, or buoy.
237
  379.407(5)(b)3.  3rd       Possession of 100 or more
  undersized spiny lobsters.
238
  381.0041(11)(b)  3rd       Donate blood, plasma, or organs
  knowing HIV positive.
239
  440.10(1)(g)  2nd       Failure to obtain workers'
  compensation coverage.
240
  440.105(5)  2nd       Unlawful solicitation for the
  purpose of making workers'
  compensation claims.
241
  440.381(2)  3rd       Submission of false,
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  misleading, or incomplete
  information with the purpose of
  avoiding or reducing workers'
  compensation premiums.
242
  624.401(4)(b)2.  2nd       Transacting insurance without a
  certificate or authority;
  premium collected $20,000 or
  more but less than $100,000.
243
  626.902(1)(c)  2nd       Representing an unauthorized
  insurer; repeat offender.
244
  784.07(2)(b)  3rd       Battery of law enforcement
  officer, firefighter, etc.
245
  790.01(3)  3rd       Unlawful carrying of a
  concealed firearm.
246
790.1622nd       Threat to throw or discharge
  destructive device.
247
  790.163(1)  2nd       False report of bomb,
  explosive, weapon of mass
  destruction, or use of firearms
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  in violent manner.
248
  790.221(1)  2nd       Possession of short-barreled
  shotgun or machine gun.
249
790.232nd       Felons in possession of
  firearms, ammunition, or
  electronic weapons or devices.
250
  796.05(1)  2nd       Live on earnings of a
  prostitute; 1st offense.
251
  800.04(6)(c)  3rd       Lewd or lascivious conduct;
  offender less than 18 years of
  age.
252
  800.04(7)(b)  2nd       Lewd or lascivious exhibition;
  offender 18 years of age or
  older.
253
  806.111(1)  3rd       Possess, manufacture, or
  dispense fire bomb with intent
  to damage any structure or
  property.
254
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  810.145(4)  3rd       Commercial digital voyeurism
  dissemination.
255
  810.145(7)(a)  2nd       Digital voyeurism; 2nd or
  subsequent offense.
256
  810.145(8)(a)  2nd       Digital voyeurism; certain
  minor victims.
257
  812.014(2)(d)3.  2nd       Grand theft, 2nd degree; theft
  from 20 or more dwellings or
  their unenclosed curtilage, or
  any combination.
258
  812.0145(2)(b)  2nd       Theft from person 65 years of
  age or older; $10,000 or more
  but less than $50,000.
259
812.0153rd       Retail theft; property stolen
  (8)(a) & (c)-  is valued at $750 or more and
  (e)  one or more specified acts.
260
  812.015(8)(f)  3rd       Retail theft; multiple thefts
  within specified period.
261
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  812.015(8)(g)  3rd       Retail theft; committed with
  specified number of other
  persons.
262
  812.019(1)  2nd       Stolen property; dealing in or
  trafficking in.
263
  812.081(3)  2nd       Trafficking in trade secrets.
264
  812.131(2)(b)  3rd       Robbery by sudden snatching.
265
  812.16(2)  3rd       Owning, operating, or
  conducting a chop shop.
266
  817.034(4)(a)2.  2nd       Communications fraud, value
  $20,000 to $50,000.
267
  817.234(11)(b)  2nd       Insurance fraud; property value
  $20,000 or more but less than
  $100,000.
268
  817.2341(1),  3rd       Filing false financial
  (2)(a) &  statements, making false
  (3)(a)  entries of material fact or
  false statements regarding
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  property values relating to the
  solvency of an insuring entity.
269
  817.568(2)(b)  2nd       Fraudulent use of personal
  identification information;
  value of benefit, services
  received, payment avoided, or
  amount of injury or fraud,
  $5,000 or more or use of
  personal identification
  information of 10 or more
  persons.
270
  817.611(2)(a)  2nd       Traffic in or possess 5 to 14
  counterfeit credit cards or
  related documents.
271
  817.625(2)(b)  2nd       Second or subsequent fraudulent
  use of scanning device,
  skimming device, or reencoder.
272
  825.1025(4)  3rd       Lewd or lascivious exhibition
  in the presence of an elderly
  person or disabled adult.
273
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  828.12(2)  3rd       Tortures any animal with intent
  to inflict intense pain,
  serious physical injury, or
  death.
274
  836.14(4)  2nd       Person who willfully promotes
  for financial gain a sexually
  explicit image of an
  identifiable person without
  consent.
275
  839.13(2)(b)  2nd       Falsifying records of an
  individual in the care and
  custody of a state agency
  involving great bodily harm or
  death.
276
  843.01(1)  3rd       Resist officer with violence to
  person; resist arrest with
  violence.
277
  847.0135(5)(b)  2nd       Lewd or lascivious exhibition
  using computer; offender 18
  years or older.
278
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  847.0137  3rd       Transmission of pornography by
  (2) & (3)  electronic device or equipment.
279
  847.0138  3rd       Transmission of material
  (2) & (3)  harmful to minors to a minor by
  electronic device or equipment.
280
  874.05(1)(b)  2nd       Encouraging or recruiting
  another to join a criminal
  gang; second or subsequent
  offense.
281
  874.05(2)(a)  2nd       Encouraging or recruiting
  person under 13 years of age to
  join a criminal gang.
282
  893.13(1)(a)1.  2nd       Sell, manufacture, or deliver
  cocaine (or other s.
  893.03(1)(a), (1)(b), (1)(d),
  (2)(a), (2)(b), or (2)(c)5.
  drugs).
283
  893.13(1)(c)2.  2nd       Sell, manufacture, or deliver
  cannabis (or other s.
  893.03(1)(c), (2)(c)1.,
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  (2)(c)2., (2)(c)3., (2)(c)6.,
  (2)(c)7., (2)(c)8., (2)(c)9.,
  (2)(c)10., (3), or (4) drugs)
  within 1,000 feet of a child
  care facility, school, or
  state, county, or municipal
  park or publicly owned
  recreational facility or
  community center.
284
  893.13(1)(d)1.  1st       Sell, manufacture, or deliver
  cocaine (or other s.
  893.03(1)(a), (1)(b), (1)(d),
  (2)(a), (2)(b), or (2)(c)5.
  drugs) within 1,000 feet of
  university.
285
  893.13(1)(e)2.  2nd       Sell, manufacture, or deliver
  cannabis or other drug
  prohibited under 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) within
  1,000 feet of property used for
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  religious services or a
  specified business site.
286
  893.13(1)(f)1.  1st       Sell, manufacture, or deliver
  cocaine (or other s.
  893.03(1)(a), (1)(b), (1)(d),
  or (2)(a), (2)(b), or (2)(c)5.
  drugs) within 1,000 feet of
  public housing facility.
287
  893.13(4)(b)  2nd       Use or hire of minor; deliver
  to minor other controlled
  substance.
288
  893.1351(1)  3rd       Ownership, lease, or rental for
  trafficking in or manufacturing
  of controlled substance.
289
290Section 7.  This act shall take effect October 1, 2026.
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