Florida Senate - 2014 SB 328
By Senator Joyner
19-00248A-14 2014328__
1 A bill to be entitled
2 An act relating to trafficking in illegal drugs;
3 amending s. 893.135, F.S.; providing that a specified
4 mandatory minimum term of imprisonment and a specified
5 fine no longer apply upon a first conviction of a
6 person who knowingly sells, purchases, manufactures,
7 delivers, or brings into this state, or who is
8 knowingly in actual or constructive possession of, a
9 specified quantity of certain designated illegal
10 drugs; providing that a specified mandatory minimum
11 term of imprisonment and specified fine apply upon a
12 second or subsequent conviction; providing an
13 effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Paragraphs (b), (c), (d), (f), (g), (k), and (l)
18 of subsection (1) of section 893.135, Florida Statutes, are
19 amended to read:
20 893.135 Trafficking; mandatory sentences; suspension or
21 reduction of sentences; conspiracy to engage in trafficking.—
22 (1) Except as authorized in this chapter or in chapter 499
23 and notwithstanding the provisions of s. 893.13:
24 (b)1. Any person who knowingly sells, purchases,
25 manufactures, delivers, or brings into this state, or who is
26 knowingly in actual or constructive possession of, 28 grams or
27 more of cocaine, as described in s. 893.03(2)(a)4., or of any
28 mixture containing cocaine, but less than 150 kilograms of
29 cocaine or any such mixture, commits a felony of the first
30 degree, which felony shall be known as “trafficking in cocaine,”
31 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
32 If the quantity involved:
33 a. Is 28 grams or more, but less than 200 grams, such
34 person shall be sentenced, upon a second or subsequent
35 conviction, to a mandatory minimum term of imprisonment of 3
36 years, and the defendant shall be ordered to pay a fine of
37 $50,000.
38 b. Is 200 grams or more, but less than 400 grams, such
39 person shall be sentenced to a mandatory minimum term of
40 imprisonment of 7 years, and the defendant shall be ordered to
41 pay a fine of $100,000.
42 c. Is 400 grams or more, but less than 150 kilograms, such
43 person shall be sentenced to a mandatory minimum term of
44 imprisonment of 15 calendar years and pay a fine of $250,000.
45 2. Any person who knowingly sells, purchases, manufactures,
46 delivers, or brings into this state, or who is knowingly in
47 actual or constructive possession of, 150 kilograms or more of
48 cocaine, as described in s. 893.03(2)(a)4., commits the first
49 degree felony of trafficking in cocaine. A person who has been
50 convicted of the first degree felony of trafficking in cocaine
51 under this subparagraph shall be punished by life imprisonment
52 and is ineligible for any form of discretionary early release
53 except pardon or executive clemency or conditional medical
54 release under s. 947.149. However, if the court determines that,
55 in addition to committing any act specified in this paragraph:
56 a. The person intentionally killed an individual or
57 counseled, commanded, induced, procured, or caused the
58 intentional killing of an individual and such killing was the
59 result; or
60 b. The person’s conduct in committing that act led to a
61 natural, though not inevitable, lethal result,
62
63 such person commits the capital felony of trafficking in
64 cocaine, punishable as provided in ss. 775.082 and 921.142. Any
65 person sentenced for a capital felony under this paragraph shall
66 also be sentenced to pay the maximum fine provided under
67 subparagraph 1.
68 3. Any person who knowingly brings into this state 300
69 kilograms or more of cocaine, as described in s. 893.03(2)(a)4.,
70 and who knows that the probable result of such importation would
71 be the death of any person, commits capital importation of
72 cocaine, a capital felony punishable as provided in ss. 775.082
73 and 921.142. Any person sentenced for a capital felony under
74 this paragraph shall also be sentenced to pay the maximum fine
75 provided under subparagraph 1.
76 (c)1. Any person who knowingly sells, purchases,
77 manufactures, delivers, or brings into this state, or who is
78 knowingly in actual or constructive possession of, 4 grams or
79 more of any morphine, opium, oxycodone, hydrocodone,
80 hydromorphone, or any salt, derivative, isomer, or salt of an
81 isomer thereof, including heroin, as described in s.
82 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 4 grams or more
83 of any mixture containing any such substance, but less than 30
84 kilograms of such substance or mixture, commits a felony of the
85 first degree, which felony shall be known as “trafficking in
86 illegal drugs,” punishable as provided in s. 775.082, s.
87 775.083, or s. 775.084. If the quantity involved:
88 a. Is 4 grams or more, but less than 14 grams, such person
89 shall be sentenced, upon a second or subsequent conviction, to a
90 mandatory minimum term of imprisonment of 3 years, and the
91 defendant shall be ordered to pay a fine of $50,000.
92 b. Is 14 grams or more, but less than 28 grams, such person
93 shall be sentenced to a mandatory minimum term of imprisonment
94 of 15 years, and the defendant shall be ordered to pay a fine of
95 $100,000.
96 c. Is 28 grams or more, but less than 30 kilograms, such
97 person shall be sentenced to a mandatory minimum term of
98 imprisonment of 25 calendar years and pay a fine of $500,000.
99 2. Any person who knowingly sells, purchases, manufactures,
100 delivers, or brings into this state, or who is knowingly in
101 actual or constructive possession of, 30 kilograms or more of
102 any morphine, opium, oxycodone, hydrocodone, hydromorphone, or
103 any salt, derivative, isomer, or salt of an isomer thereof,
104 including heroin, as described in s. 893.03(1)(b), (2)(a),
105 (3)(c)3., or (3)(c)4., or 30 kilograms or more of any mixture
106 containing any such substance, commits the first degree felony
107 of trafficking in illegal drugs. A person who has been convicted
108 of the first degree felony of trafficking in illegal drugs under
109 this subparagraph shall be punished by life imprisonment and is
110 ineligible for any form of discretionary early release except
111 pardon or executive clemency or conditional medical release
112 under s. 947.149. However, if the court determines that, in
113 addition to committing any act specified in this paragraph:
114 a. The person intentionally killed an individual or
115 counseled, commanded, induced, procured, or caused the
116 intentional killing of an individual and such killing was the
117 result; or
118 b. The person’s conduct in committing that act led to a
119 natural, though not inevitable, lethal result,
120
121 such person commits the capital felony of trafficking in illegal
122 drugs, punishable as provided in ss. 775.082 and 921.142. Any
123 person sentenced for a capital felony under this paragraph shall
124 also be sentenced to pay the maximum fine provided under
125 subparagraph 1.
126 3. Any person who knowingly brings into this state 60
127 kilograms or more of any morphine, opium, oxycodone,
128 hydrocodone, hydromorphone, or any salt, derivative, isomer, or
129 salt of an isomer thereof, including heroin, as described in s.
130 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 60 kilograms or
131 more of any mixture containing any such substance, and who knows
132 that the probable result of such importation would be the death
133 of any person, commits capital importation of illegal drugs, a
134 capital felony punishable as provided in ss. 775.082 and
135 921.142. Any person sentenced for a capital felony under this
136 paragraph shall also be sentenced to pay the maximum fine
137 provided under subparagraph 1.
138 (d)1. Any person who knowingly sells, purchases,
139 manufactures, delivers, or brings into this state, or who is
140 knowingly in actual or constructive possession of, 28 grams or
141 more of phencyclidine or of any mixture containing
142 phencyclidine, as described in s. 893.03(2)(b), commits a felony
143 of the first degree, which felony shall be known as “trafficking
144 in phencyclidine,” punishable as provided in s. 775.082, s.
145 775.083, or s. 775.084. If the quantity involved:
146 a. Is 28 grams or more, but less than 200 grams, such
147 person shall be sentenced, upon a second or subsequent
148 conviction, to a mandatory minimum term of imprisonment of 3
149 years, and the defendant shall be ordered to pay a fine of
150 $50,000.
151 b. Is 200 grams or more, but less than 400 grams, such
152 person shall be sentenced to a mandatory minimum term of
153 imprisonment of 7 years, and the defendant shall be ordered to
154 pay a fine of $100,000.
155 c. Is 400 grams or more, such person shall be sentenced to
156 a mandatory minimum term of imprisonment of 15 calendar years
157 and pay a fine of $250,000.
158 2. Any person who knowingly brings into this state 800
159 grams or more of phencyclidine or of any mixture containing
160 phencyclidine, as described in s. 893.03(2)(b), and who knows
161 that the probable result of such importation would be the death
162 of any person commits capital importation of phencyclidine, a
163 capital felony punishable as provided in ss. 775.082 and
164 921.142. Any person sentenced for a capital felony under this
165 paragraph shall also be sentenced to pay the maximum fine
166 provided under subparagraph 1.
167 (f)1. Any person who knowingly sells, purchases,
168 manufactures, delivers, or brings into this state, or who is
169 knowingly in actual or constructive possession of, 14 grams or
170 more of amphetamine, as described in s. 893.03(2)(c)2., or
171 methamphetamine, as described in s. 893.03(2)(c)4., or of any
172 mixture containing amphetamine or methamphetamine, or
173 phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine
174 in conjunction with other chemicals and equipment utilized in
175 the manufacture of amphetamine or methamphetamine, commits a
176 felony of the first degree, which felony shall be known as
177 “trafficking in amphetamine,” punishable as provided in s.
178 775.082, s. 775.083, or s. 775.084. If the quantity involved:
179 a. Is 14 grams or more, but less than 28 grams, such person
180 shall be sentenced, upon a second or subsequent conviction, to a
181 mandatory minimum term of imprisonment of 3 years, and the
182 defendant shall be ordered to pay a fine of $50,000.
183 b. Is 28 grams or more, but less than 200 grams, such
184 person shall be sentenced to a mandatory minimum term of
185 imprisonment of 7 years, and the defendant shall be ordered to
186 pay a fine of $100,000.
187 c. Is 200 grams or more, such person shall be sentenced to
188 a mandatory minimum term of imprisonment of 15 calendar years
189 and pay a fine of $250,000.
190 2. Any person who knowingly manufactures or brings into
191 this state 400 grams or more of amphetamine, as described in s.
192 893.03(2)(c)2., or methamphetamine, as described in s.
193 893.03(2)(c)4., or of any mixture containing amphetamine or
194 methamphetamine, or phenylacetone, phenylacetic acid,
195 pseudoephedrine, or ephedrine in conjunction with other
196 chemicals and equipment used in the manufacture of amphetamine
197 or methamphetamine, and who knows that the probable result of
198 such manufacture or importation would be the death of any person
199 commits capital manufacture or importation of amphetamine, a
200 capital felony punishable as provided in ss. 775.082 and
201 921.142. Any person sentenced for a capital felony under this
202 paragraph shall also be sentenced to pay the maximum fine
203 provided under subparagraph 1.
204 (g)1. Any person who knowingly sells, purchases,
205 manufactures, delivers, or brings into this state, or who is
206 knowingly in actual or constructive possession of, 4 grams or
207 more of flunitrazepam or any mixture containing flunitrazepam as
208 described in s. 893.03(1)(a) commits a felony of the first
209 degree, which felony shall be known as “trafficking in
210 flunitrazepam,” punishable as provided in s. 775.082, s.
211 775.083, or s. 775.084. If the quantity involved:
212 a. Is 4 grams or more but less than 14 grams, such person
213 shall be sentenced, upon a second or subsequent conviction, to a
214 mandatory minimum term of imprisonment of 3 years, and the
215 defendant shall be ordered to pay a fine of $50,000.
216 b. Is 14 grams or more but less than 28 grams, such person
217 shall be sentenced to a mandatory minimum term of imprisonment
218 of 7 years, and the defendant shall be ordered to pay a fine of
219 $100,000.
220 c. Is 28 grams or more but less than 30 kilograms, such
221 person shall be sentenced to a mandatory minimum term of
222 imprisonment of 25 calendar years and pay a fine of $500,000.
223 2. Any person who knowingly sells, purchases, manufactures,
224 delivers, or brings into this state or who is knowingly in
225 actual or constructive possession of 30 kilograms or more of
226 flunitrazepam or any mixture containing flunitrazepam as
227 described in s. 893.03(1)(a) commits the first degree felony of
228 trafficking in flunitrazepam. A person who has been convicted of
229 the first degree felony of trafficking in flunitrazepam under
230 this subparagraph shall be punished by life imprisonment and is
231 ineligible for any form of discretionary early release except
232 pardon or executive clemency or conditional medical release
233 under s. 947.149. However, if the court determines that, in
234 addition to committing any act specified in this paragraph:
235 a. The person intentionally killed an individual or
236 counseled, commanded, induced, procured, or caused the
237 intentional killing of an individual and such killing was the
238 result; or
239 b. The person’s conduct in committing that act led to a
240 natural, though not inevitable, lethal result,
241
242 such person commits the capital felony of trafficking in
243 flunitrazepam, punishable as provided in ss. 775.082 and
244 921.142. Any person sentenced for a capital felony under this
245 paragraph shall also be sentenced to pay the maximum fine
246 provided under subparagraph 1.
247 (k)1. Any person who knowingly sells, purchases,
248 manufactures, delivers, or brings into this state, or who is
249 knowingly in actual or constructive possession of, 10 grams or
250 more of any of the following substances described in s.
251 893.03(1)(c):
252 a. 3,4-Methylenedioxymethamphetamine (MDMA);
253 b. 4-Bromo-2,5-dimethoxyamphetamine;
254 c. 4-Bromo-2,5-dimethoxyphenethylamine;
255 d. 2,5-Dimethoxyamphetamine;
256 e. 2,5-Dimethoxy-4-ethylamphetamine (DOET);
257 f. N-ethylamphetamine;
258 g. N-Hydroxy-3,4-methylenedioxyamphetamine;
259 h. 5-Methoxy-3,4-methylenedioxyamphetamine;
260 i. 4-methoxyamphetamine;
261 j. 4-methoxymethamphetamine;
262 k. 4-Methyl-2,5-dimethoxyamphetamine;
263 l. 3,4-Methylenedioxy-N-ethylamphetamine;
264 m. 3,4-Methylenedioxyamphetamine;
265 n. N,N-dimethylamphetamine; or
266 o. 3,4,5-Trimethoxyamphetamine,
267
268 individually or in any combination of or any mixture containing
269 any substance listed in sub-subparagraphs a.-o., commits a
270 felony of the first degree, which felony shall be known as
271 “trafficking in Phenethylamines,” punishable as provided in s.
272 775.082, s. 775.083, or s. 775.084.
273 2. If the quantity involved:
274 a. Is 10 grams or more but less than 200 grams, such person
275 shall be sentenced, upon a second or subsequent conviction, to a
276 mandatory minimum term of imprisonment of 3 years, and the
277 defendant shall be ordered to pay a fine of $50,000.
278 b. Is 200 grams or more, but less than 400 grams, such
279 person shall be sentenced to a mandatory minimum term of
280 imprisonment of 7 years, and the defendant shall be ordered to
281 pay a fine of $100,000.
282 c. Is 400 grams or more, such person shall be sentenced to
283 a mandatory minimum term of imprisonment of 15 calendar years
284 and pay a fine of $250,000.
285 3. Any person who knowingly manufactures or brings into
286 this state 30 kilograms or more of any of the following
287 substances described in s. 893.03(1)(c):
288 a. 3,4-Methylenedioxymethamphetamine (MDMA);
289 b. 4-Bromo-2,5-dimethoxyamphetamine;
290 c. 4-Bromo-2,5-dimethoxyphenethylamine;
291 d. 2,5-Dimethoxyamphetamine;
292 e. 2,5-Dimethoxy-4-ethylamphetamine (DOET);
293 f. N-ethylamphetamine;
294 g. N-Hydroxy-3,4-methylenedioxyamphetamine;
295 h. 5-Methoxy-3,4-methylenedioxyamphetamine;
296 i. 4-methoxyamphetamine;
297 j. 4-methoxymethamphetamine;
298 k. 4-Methyl-2,5-dimethoxyamphetamine;
299 l. 3,4-Methylenedioxy-N-ethylamphetamine;
300 m. 3,4-Methylenedioxyamphetamine;
301 n. N,N-dimethylamphetamine; or
302 o. 3,4,5-Trimethoxyamphetamine,
303
304 individually or in any combination of or any mixture containing
305 any substance listed in sub-subparagraphs a.-o., and who knows
306 that the probable result of such manufacture or importation
307 would be the death of any person commits capital manufacture or
308 importation of Phenethylamines, a capital felony punishable as
309 provided in ss. 775.082 and 921.142. Any person sentenced for a
310 capital felony under this paragraph shall also be sentenced to
311 pay the maximum fine provided under subparagraph 1.
312 (l)1. Any person who knowingly sells, purchases,
313 manufactures, delivers, or brings into this state, or who is
314 knowingly in actual or constructive possession of, 1 gram or
315 more of lysergic acid diethylamide (LSD) as described in s.
316 893.03(1)(c), or of any mixture containing lysergic acid
317 diethylamide (LSD), commits a felony of the first degree, which
318 felony shall be known as “trafficking in lysergic acid
319 diethylamide (LSD),” punishable as provided in s. 775.082, s.
320 775.083, or s. 775.084. If the quantity involved:
321 a. Is 1 gram or more, but less than 5 grams, such person
322 shall be sentenced, upon a second or subsequent conviction, to a
323 mandatory minimum term of imprisonment of 3 years, and the
324 defendant shall be ordered to pay a fine of $50,000.
325 b. Is 5 grams or more, but less than 7 grams, such person
326 shall be sentenced to a mandatory minimum term of imprisonment
327 of 7 years, and the defendant shall be ordered to pay a fine of
328 $100,000.
329 c. Is 7 grams or more, such person shall be sentenced to a
330 mandatory minimum term of imprisonment of 15 calendar years and
331 pay a fine of $500,000.
332 2. Any person who knowingly manufactures or brings into
333 this state 7 grams or more of lysergic acid diethylamide (LSD)
334 as described in s. 893.03(1)(c), or any mixture containing
335 lysergic acid diethylamide (LSD), and who knows that the
336 probable result of such manufacture or importation would be the
337 death of any person commits capital manufacture or importation
338 of lysergic acid diethylamide (LSD), a capital felony punishable
339 as provided in ss. 775.082 and 921.142. Any person sentenced for
340 a capital felony under this paragraph shall also be sentenced to
341 pay the maximum fine provided under subparagraph 1.
342 Section 2. This act shall take effect July 1, 2014.