HB 917

1
A bill to be entitled
2An act relating to the sentencing of inmates; amending s.
3893.135, F.S.; removing all references to imposing
4mandatory minimum sentences for defendants convicted of
5trafficking in controlled substances; defining the terms
6"department" and "nonviolent offender"; directing the
7Department of Corrections to develop and administer a
8reentry program for nonviolent offenders which is intended
9to divert nonviolent offenders from long periods of
10incarceration; requiring that the program include
11intensive substance abuse treatment and rehabilitative
12programming; providing for the minimum length of service
13in the program; providing that any portion of a sentence
14before placement in the program does not count as progress
15toward program completion; specifying eligibility criteria
16for a nonviolent offender to be placed into the reentry
17program; directing the department to notify the nonviolent
18offender's sentencing court to obtain approval before the
19nonviolent offender is placed into the reentry program;
20requiring the department to notify the state attorney;
21authorizing the state attorney to file objections to
22placing the offender into the reentry program within a
23specified period; requiring the sentencing court to notify
24the department of the court's decision to approve or
25disapprove the requested placement within a specified
26period; providing that failure of the court to timely
27notify the department of the court's decision constitutes
28approval by the requested placement; requiring the
29nonviolent offender to undergo an education assessment and
30a full substance abuse assessment if admitted into the
31reentry program; requiring the offender to be enrolled in
32an adult education program in specified circumstances;
33requiring that assessments of vocational skills and future
34career education be provided to the offender; requiring
35that certain reevaluation be made periodically; providing
36that the nonviolent offender is subject to the
37disciplinary rules of the department; specifying the
38reasons for which the offender may be terminated from the
39reentry program; requiring that the department submit a
40report to the sentencing court at least 30 days before the
41nonviolent offender is scheduled to complete the reentry
42program; setting forth the issues to be addressed in the
43report; requiring the sentencing court to issue an order
44modifying the sentence imposed and place the nonviolent
45offender on drug offender probation if the nonviolent
46offender's performance is satisfactory; authorizing the
47court to revoke probation and impose the original sentence
48in specified circumstances; authorizing the court to
49require the offender to complete a postadjudicatory drug
50court program in specified circumstances; directing the
51department to implement the reentry program using
52available resources; requiring the department to submit an
53annual report to the Governor and Legislature detailing
54the extent of implementation of the reentry program and
55outlining future goals and recommendations; authorizing
56the department to enter into contracts with qualified
57individuals, agencies, or corporations for services for
58the reentry program; authorizing the department to impose
59administrative or protective confinement as necessary;
60authorizing the department to establish a system of
61incentives within the reentry program which the department
62may use to promote participation in rehabilitative
63programs and the orderly operation of institutions and
64facilities; directing the department to develop a system
65for tracking recidivism, including, but not limited to,
66rearrests and recommitment of nonviolent offenders who
67successfully complete the reentry program, and to report
68on recidivism in its annual report of the program;
69directing the department to adopt rules; providing an
70effective date.
71
72Be It Enacted by the Legislature of the State of Florida:
73
74     Section 1.  Section 893.135, Florida Statutes, is amended
75to read:
76     893.135  Trafficking; mandatory sentences; suspension or
77reduction of sentences; conspiracy to engage in trafficking.-
78     (1)  Except as authorized in this chapter or in chapter 499
79and notwithstanding the provisions of s. 893.13:
80     (a)  Any person who knowingly sells, purchases,
81manufactures, delivers, or brings into this state, or who is
82knowingly in actual or constructive possession of, in excess of
8325 pounds of cannabis, or 300 or more cannabis plants, commits a
84felony of the first degree, which felony shall be known as
85"trafficking in cannabis," punishable as provided in s. 775.082,
86s. 775.083, or s. 775.084. If the quantity of cannabis involved:
87     1.  Is in excess of 25 pounds, but less than 2,000 pounds,
88or is 300 or more cannabis plants, but not more than 2,000
89cannabis plants, such person shall be sentenced to a mandatory
90minimum term of imprisonment of 3 years, and the defendant shall
91be ordered to pay a fine of $25,000.
92     2.  Is 2,000 pounds or more, but less than 10,000 pounds,
93or is 2,000 or more cannabis plants, but not more than 10,000
94cannabis plants, such person shall be sentenced to a mandatory
95minimum term of imprisonment of 7 years, and the defendant shall
96be ordered to pay a fine of $50,000.
97     3.  Is 10,000 pounds or more, or is 10,000 or more cannabis
98plants, such person shall be ordered sentenced to a mandatory
99minimum term of imprisonment of 15 calendar years and pay a fine
100of $200,000.
101
102For the purpose of this paragraph, a plant, including, but not
103limited to, a seedling or cutting, is a "cannabis plant" if it
104has some readily observable evidence of root formation, such as
105root hairs. To determine if a piece or part of a cannabis plant
106severed from the cannabis plant is itself a cannabis plant, the
107severed piece or part must have some readily observable evidence
108of root formation, such as root hairs. Callous tissue is not
109readily observable evidence of root formation. The viability and
110sex of a plant and the fact that the plant may or may not be a
111dead harvested plant are not relevant in determining if the
112plant is a "cannabis plant" or in the charging of an offense
113under this paragraph. Upon conviction, the court shall impose
114the longest term of imprisonment provided for in this paragraph.
115     (b)1.  Any person who knowingly sells, purchases,
116manufactures, delivers, or brings into this state, or who is
117knowingly in actual or constructive possession of, 28 grams or
118more of cocaine, as described in s. 893.03(2)(a)4., or of any
119mixture containing cocaine, but less than 150 kilograms of
120cocaine or any such mixture, commits a felony of the first
121degree, which felony shall be known as "trafficking in cocaine,"
122punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
123If the quantity involved:
124     a.  Is 28 grams or more, but less than 200 grams, such
125person shall be sentenced to a mandatory minimum term of
126imprisonment of 3 years, and the defendant shall be ordered to
127pay a fine of $50,000.
128     b.  Is 200 grams or more, but less than 400 grams, such
129person shall be sentenced to a mandatory minimum term of
130imprisonment of 7 years, and the defendant shall be ordered to
131pay a fine of $100,000.
132     c.  Is 400 grams or more, but less than 150 kilograms, such
133person shall be ordered sentenced to a mandatory minimum term of
134imprisonment of 15 calendar years and pay a fine of $250,000.
135     2.  Any person who knowingly sells, purchases,
136manufactures, delivers, or brings into this state, or who is
137knowingly in actual or constructive possession of, 150 kilograms
138or more of cocaine, as described in s. 893.03(2)(a)4., commits
139the first degree felony of trafficking in cocaine. A person who
140has been convicted of the first degree felony of trafficking in
141cocaine under this subparagraph shall be punished by life
142imprisonment and is ineligible for any form of discretionary
143early release except pardon or executive clemency or conditional
144medical release under s. 947.149. However, if the court
145determines that, in addition to committing any act specified in
146this paragraph:
147     a.  The person intentionally killed an individual or
148counseled, commanded, induced, procured, or caused the
149intentional killing of an individual and such killing was the
150result; or
151     b.  The person's conduct in committing that act led to a
152natural, though not inevitable, lethal result,
153
154such person commits the capital felony of trafficking in
155cocaine, punishable as provided in ss. 775.082 and 921.142. Any
156person sentenced for a capital felony under this paragraph shall
157also be sentenced to pay the maximum fine provided under
158subparagraph 1.
159     3.  Any person who knowingly brings into this state 300
160kilograms or more of cocaine, as described in s. 893.03(2)(a)4.,
161and who knows that the probable result of such importation would
162be the death of any person, commits capital importation of
163cocaine, a capital felony punishable as provided in ss. 775.082
164and 921.142. Any person sentenced for a capital felony under
165this paragraph shall also be sentenced to pay the maximum fine
166provided under subparagraph 1.
167     (c)1.  Any person who knowingly sells, purchases,
168manufactures, delivers, or brings into this state, or who is
169knowingly in actual or constructive possession of, 4 grams or
170more of any morphine, opium, oxycodone, hydrocodone,
171hydromorphone, or any salt, derivative, isomer, or salt of an
172isomer thereof, including heroin, as described in s.
173893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 4 grams or more
174of any mixture containing any such substance, but less than 30
175kilograms of such substance or mixture, commits a felony of the
176first degree, which felony shall be known as "trafficking in
177illegal drugs," punishable as provided in s. 775.082, s.
178775.083, or s. 775.084. If the quantity involved:
179     a.  Is 4 grams or more, but less than 14 grams, such person
180shall be sentenced to a mandatory minimum term of imprisonment
181of 3 years, and the defendant shall be ordered to pay a fine of
182$50,000.
183     b.  Is 14 grams or more, but less than 28 grams, such
184person shall be sentenced to a mandatory minimum term of
185imprisonment of 15 years, and the defendant shall be ordered to
186pay a fine of $100,000.
187     c.  Is 28 grams or more, but less than 30 kilograms, such
188person shall be ordered sentenced to a mandatory minimum term of
189imprisonment of 25 calendar years and pay a fine of $500,000.
190     2.  Any person who knowingly sells, purchases,
191manufactures, delivers, or brings into this state, or who is
192knowingly in actual or constructive possession of, 30 kilograms
193or more of any morphine, opium, oxycodone, hydrocodone,
194hydromorphone, or any salt, derivative, isomer, or salt of an
195isomer thereof, including heroin, as described in s.
196893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or
197more of any mixture containing any such substance, commits the
198first degree felony of trafficking in illegal drugs. A person
199who has been convicted of the first degree felony of trafficking
200in illegal drugs under this subparagraph shall be punished by
201life imprisonment and is ineligible for any form of
202discretionary early release except pardon or executive clemency
203or conditional medical release under s. 947.149. However, if the
204court determines that, in addition to committing any act
205specified in this paragraph:
206     a.  The person intentionally killed an individual or
207counseled, commanded, induced, procured, or caused the
208intentional killing of an individual and such killing was the
209result; or
210     b.  The person's conduct in committing that act led to a
211natural, though not inevitable, lethal result,
212
213such person commits the capital felony of trafficking in illegal
214drugs, punishable as provided in ss. 775.082 and 921.142. Any
215person sentenced for a capital felony under this paragraph shall
216also be sentenced to pay the maximum fine provided under
217subparagraph 1.
218     3.  Any person who knowingly brings into this state 60
219kilograms or more of any morphine, opium, oxycodone,
220hydrocodone, hydromorphone, or any salt, derivative, isomer, or
221salt of an isomer thereof, including heroin, as described in s.
222893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 60 kilograms or
223more of any mixture containing any such substance, and who knows
224that the probable result of such importation would be the death
225of any person, commits capital importation of illegal drugs, a
226capital felony punishable as provided in ss. 775.082 and
227921.142. Any person sentenced for a capital felony under this
228paragraph shall also be sentenced to pay the maximum fine
229provided under subparagraph 1.
230     (d)1.  Any person who knowingly sells, purchases,
231manufactures, delivers, or brings into this state, or who is
232knowingly in actual or constructive possession of, 28 grams or
233more of phencyclidine or of any mixture containing
234phencyclidine, as described in s. 893.03(2)(b), commits a felony
235of the first degree, which felony shall be known as "trafficking
236in phencyclidine," punishable as provided in s. 775.082, s.
237775.083, or s. 775.084. If the quantity involved:
238     a.  Is 28 grams or more, but less than 200 grams, such
239person shall be sentenced to a mandatory minimum term of
240imprisonment of 3 years, and the defendant shall be ordered to
241pay a fine of $50,000.
242     b.  Is 200 grams or more, but less than 400 grams, such
243person shall be sentenced to a mandatory minimum term of
244imprisonment of 7 years, and the defendant shall be ordered to
245pay a fine of $100,000.
246     c.  Is 400 grams or more, such person shall be ordered
247sentenced to a mandatory minimum term of imprisonment of 15
248calendar years and pay a fine of $250,000.
249     2.  Any person who knowingly brings into this state 800
250grams or more of phencyclidine or of any mixture containing
251phencyclidine, as described in s. 893.03(2)(b), and who knows
252that the probable result of such importation would be the death
253of any person commits capital importation of phencyclidine, a
254capital felony punishable as provided in ss. 775.082 and
255921.142. Any person sentenced for a capital felony under this
256paragraph shall also be sentenced to pay the maximum fine
257provided under subparagraph 1.
258     (e)1.  Any person who knowingly sells, purchases,
259manufactures, delivers, or brings into this state, or who is
260knowingly in actual or constructive possession of, 200 grams or
261more of methaqualone or of any mixture containing methaqualone,
262as described in s. 893.03(1)(d), commits a felony of the first
263degree, which felony shall be known as "trafficking in
264methaqualone," punishable as provided in s. 775.082, s. 775.083,
265or s. 775.084. If the quantity involved:
266     a.  Is 200 grams or more, but less than 5 kilograms, such
267person shall be sentenced to a mandatory minimum term of
268imprisonment of 3 years, and the defendant shall be ordered to
269pay a fine of $50,000.
270     b.  Is 5 kilograms or more, but less than 25 kilograms,
271such person shall be sentenced to a mandatory minimum term of
272imprisonment of 7 years, and the defendant shall be ordered to
273pay a fine of $100,000.
274     c.  Is 25 kilograms or more, such person shall be ordered
275sentenced to a mandatory minimum term of imprisonment of 15
276calendar years and pay a fine of $250,000.
277     2.  Any person who knowingly brings into this state 50
278kilograms or more of methaqualone or of any mixture containing
279methaqualone, as described in s. 893.03(1)(d), and who knows
280that the probable result of such importation would be the death
281of any person commits capital importation of methaqualone, a
282capital felony punishable as provided in ss. 775.082 and
283921.142. Any person sentenced for a capital felony under this
284paragraph shall also be sentenced to pay the maximum fine
285provided under subparagraph 1.
286     (f)1.  Any person who knowingly sells, purchases,
287manufactures, delivers, or brings into this state, or who is
288knowingly in actual or constructive possession of, 14 grams or
289more of amphetamine, as described in s. 893.03(2)(c)2., or
290methamphetamine, as described in s. 893.03(2)(c)4., or of any
291mixture containing amphetamine or methamphetamine, or
292phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine
293in conjunction with other chemicals and equipment utilized in
294the manufacture of amphetamine or methamphetamine, commits a
295felony of the first degree, which felony shall be known as
296"trafficking in amphetamine," punishable as provided in s.
297775.082, s. 775.083, or s. 775.084. If the quantity involved:
298     a.  Is 14 grams or more, but less than 28 grams, such
299person shall be sentenced to a mandatory minimum term of
300imprisonment of 3 years, and the defendant shall be ordered to
301pay a fine of $50,000.
302     b.  Is 28 grams or more, but less than 200 grams, such
303person shall be sentenced to a mandatory minimum term of
304imprisonment of 7 years, and the defendant shall be ordered to
305pay a fine of $100,000.
306     c.  Is 200 grams or more, such person shall be ordered
307sentenced to a mandatory minimum term of imprisonment of 15
308calendar years and pay a fine of $250,000.
309     2.  Any person who knowingly manufactures or brings into
310this state 400 grams or more of amphetamine, as described in s.
311893.03(2)(c)2., or methamphetamine, as described in s.
312893.03(2)(c)4., or of any mixture containing amphetamine or
313methamphetamine, or phenylacetone, phenylacetic acid,
314pseudoephedrine, or ephedrine in conjunction with other
315chemicals and equipment used in the manufacture of amphetamine
316or methamphetamine, and who knows that the probable result of
317such manufacture or importation would be the death of any person
318commits capital manufacture or importation of amphetamine, a
319capital felony punishable as provided in ss. 775.082 and
320921.142. Any person sentenced for a capital felony under this
321paragraph shall also be sentenced to pay the maximum fine
322provided under subparagraph 1.
323     (g)1.  Any person who knowingly sells, purchases,
324manufactures, delivers, or brings into this state, or who is
325knowingly in actual or constructive possession of, 4 grams or
326more of flunitrazepam or any mixture containing flunitrazepam as
327described in s. 893.03(1)(a) commits a felony of the first
328degree, which felony shall be known as "trafficking in
329flunitrazepam," punishable as provided in s. 775.082, s.
330775.083, or s. 775.084. If the quantity involved:
331     a.  Is 4 grams or more but less than 14 grams, such person
332shall be sentenced to a mandatory minimum term of imprisonment
333of 3 years, and the defendant shall be ordered to pay a fine of
334$50,000.
335     b.  Is 14 grams or more but less than 28 grams, such person
336shall be sentenced to a mandatory minimum term of imprisonment
337of 7 years, and the defendant shall be ordered to pay a fine of
338$100,000.
339     c.  Is 28 grams or more but less than 30 kilograms, such
340person shall be ordered sentenced to a mandatory minimum term of
341imprisonment of 25 calendar years and pay a fine of $500,000.
342     2.  Any person who knowingly sells, purchases,
343manufactures, delivers, or brings into this state or who is
344knowingly in actual or constructive possession of 30 kilograms
345or more of flunitrazepam or any mixture containing flunitrazepam
346as described in s. 893.03(1)(a) commits the first degree felony
347of trafficking in flunitrazepam. A person who has been convicted
348of the first degree felony of trafficking in flunitrazepam under
349this subparagraph shall be punished by life imprisonment and is
350ineligible for any form of discretionary early release except
351pardon or executive clemency or conditional medical release
352under s. 947.149. However, if the court determines that, in
353addition to committing any act specified in this paragraph:
354     a.  The person intentionally killed an individual or
355counseled, commanded, induced, procured, or caused the
356intentional killing of an individual and such killing was the
357result; or
358     b.  The person's conduct in committing that act led to a
359natural, though not inevitable, lethal result,
360
361such person commits the capital felony of trafficking in
362flunitrazepam, punishable as provided in ss. 775.082 and
363921.142. Any person sentenced for a capital felony under this
364paragraph shall also be sentenced to pay the maximum fine
365provided under subparagraph 1.
366     (h)1.  Any person who knowingly sells, purchases,
367manufactures, delivers, or brings into this state, or who is
368knowingly in actual or constructive possession of, 1 kilogram or
369more of gamma-hydroxybutyric acid (GHB), as described in s.
370893.03(1)(d), or any mixture containing gamma-hydroxybutyric
371acid (GHB), commits a felony of the first degree, which felony
372shall be known as "trafficking in gamma-hydroxybutyric acid
373(GHB)," punishable as provided in s. 775.082, s. 775.083, or s.
374775.084. If the quantity involved:
375     a.  Is 1 kilogram or more but less than 5 kilograms, such
376person shall be sentenced to a mandatory minimum term of
377imprisonment of 3 years, and the defendant shall be ordered to
378pay a fine of $50,000.
379     b.  Is 5 kilograms or more but less than 10 kilograms, such
380person shall be sentenced to a mandatory minimum term of
381imprisonment of 7 years, and the defendant shall be ordered to
382pay a fine of $100,000.
383     c.  Is 10 kilograms or more, such person shall be ordered
384sentenced to a mandatory minimum term of imprisonment of 15
385calendar years and pay a fine of $250,000.
386     2.  Any person who knowingly manufactures or brings into
387this state 150 kilograms or more of gamma-hydroxybutyric acid
388(GHB), as described in s. 893.03(1)(d), or any mixture
389containing gamma-hydroxybutyric acid (GHB), and who knows that
390the probable result of such manufacture or importation would be
391the death of any person commits capital manufacture or
392importation of gamma-hydroxybutyric acid (GHB), a capital felony
393punishable as provided in ss. 775.082 and 921.142. Any person
394sentenced for a capital felony under this paragraph shall also
395be sentenced to pay the maximum fine provided under subparagraph
3961.
397     (i)1.  Any person who knowingly sells, purchases,
398manufactures, delivers, or brings into this state, or who is
399knowingly in actual or constructive possession of, 1 kilogram or
400more of gamma-butyrolactone (GBL), as described in s.
401893.03(1)(d), or any mixture containing gamma-butyrolactone
402(GBL), commits a felony of the first degree, which felony shall
403be known as "trafficking in gamma-butyrolactone (GBL),"
404punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
405If the quantity involved:
406     a.  Is 1 kilogram or more but less than 5 kilograms, such
407person shall be sentenced to a mandatory minimum term of
408imprisonment of 3 years, and the defendant shall be ordered to
409pay a fine of $50,000.
410     b.  Is 5 kilograms or more but less than 10 kilograms, such
411person shall be sentenced to a mandatory minimum term of
412imprisonment of 7 years, and the defendant shall be ordered to
413pay a fine of $100,000.
414     c.  Is 10 kilograms or more, such person shall be ordered
415sentenced to a mandatory minimum term of imprisonment of 15
416calendar years and pay a fine of $250,000.
417     2.  Any person who knowingly manufactures or brings into
418the state 150 kilograms or more of gamma-butyrolactone (GBL), as
419described in s. 893.03(1)(d), or any mixture containing gamma-
420butyrolactone (GBL), and who knows that the probable result of
421such manufacture or importation would be the death of any person
422commits capital manufacture or importation of gamma-
423butyrolactone (GBL), a capital felony punishable as provided in
424ss. 775.082 and 921.142. Any person sentenced for a capital
425felony under this paragraph shall also be sentenced to pay the
426maximum fine provided under subparagraph 1.
427     (j)1.  Any person who knowingly sells, purchases,
428manufactures, delivers, or brings into this state, or who is
429knowingly in actual or constructive possession of, 1 kilogram or
430more of 1,4-Butanediol as described in s. 893.03(1)(d), or of
431any mixture containing 1,4-Butanediol, commits a felony of the
432first degree, which felony shall be known as "trafficking in
4331,4-Butanediol," punishable as provided in s. 775.082, s.
434775.083, or s. 775.084. If the quantity involved:
435     a.  Is 1 kilogram or more, but less than 5 kilograms, such
436person shall be sentenced to a mandatory minimum term of
437imprisonment of 3 years, and the defendant shall be ordered to
438pay a fine of $50,000.
439     b.  Is 5 kilograms or more, but less than 10 kilograms,
440such person shall be sentenced to a mandatory minimum term of
441imprisonment of 7 years, and the defendant shall be ordered to
442pay a fine of $100,000.
443     c.  Is 10 kilograms or more, such person shall be ordered
444sentenced to a mandatory minimum term of imprisonment of 15
445calendar years and pay a fine of $500,000.
446     2.  Any person who knowingly manufactures or brings into
447this state 150 kilograms or more of 1,4-Butanediol as described
448in s. 893.03(1)(d), or any mixture containing 1,4-Butanediol,
449and who knows that the probable result of such manufacture or
450importation would be the death of any person commits capital
451manufacture or importation of 1,4-Butanediol, a capital felony
452punishable as provided in ss. 775.082 and 921.142. Any person
453sentenced for a capital felony under this paragraph shall also
454be sentenced to pay the maximum fine provided under subparagraph
4551.
456     (k)1.  Any person who knowingly sells, purchases,
457manufactures, delivers, or brings into this state, or who is
458knowingly in actual or constructive possession of, 10 grams or
459more of any of the following substances described in s.
460893.03(1)(a) or (c):
461     a.  3,4-Methylenedioxymethamphetamine (MDMA);
462     b.  4-Bromo-2,5-dimethoxyamphetamine;
463     c.  4-Bromo-2,5-dimethoxyphenethylamine;
464     d.  2,5-Dimethoxyamphetamine;
465     e.  2,5-Dimethoxy-4-ethylamphetamine (DOET);
466     f.  N-ethylamphetamine;
467     g.  N-Hydroxy-3,4-methylenedioxyamphetamine;
468     h.  5-Methoxy-3,4-methylenedioxyamphetamine;
469     i.  4-methoxyamphetamine;
470     j.  4-methoxymethamphetamine;
471     k.  4-Methyl-2,5-dimethoxyamphetamine;
472     l.  3,4-Methylenedioxy-N-ethylamphetamine;
473     m.  3,4-Methylenedioxyamphetamine;
474     n.  N,N-dimethylamphetamine; or
475     o.  3,4,5-Trimethoxyamphetamine,
476
477individually or in any combination of or any mixture containing
478any substance listed in sub-subparagraphs a.-o., commits a
479felony of the first degree, which felony shall be known as
480"trafficking in Phenethylamines," punishable as provided in s.
481775.082, s. 775.083, or s. 775.084.
482     2.  If the quantity involved:
483     a.  Is 10 grams or more but less than 200 grams, such
484person shall be sentenced to a mandatory minimum term of
485imprisonment of 3 years, and the defendant shall be ordered to
486pay a fine of $50,000.
487     b.  Is 200 grams or more, but less than 400 grams, such
488person shall be sentenced to a mandatory minimum term of
489imprisonment of 7 years, and the defendant shall be ordered to
490pay a fine of $100,000.
491     c.  Is 400 grams or more, such person shall be ordered
492sentenced to a mandatory minimum term of imprisonment of 15
493calendar years and pay a fine of $250,000.
494     3.  Any person who knowingly manufactures or brings into
495this state 30 kilograms or more of any of the following
496substances described in s. 893.03(1)(a) or (c):
497     a.  3,4-Methylenedioxymethamphetamine (MDMA);
498     b.  4-Bromo-2,5-dimethoxyamphetamine;
499     c.  4-Bromo-2,5-dimethoxyphenethylamine;
500     d.  2,5-Dimethoxyamphetamine;
501     e.  2,5-Dimethoxy-4-ethylamphetamine (DOET);
502     f.  N-ethylamphetamine;
503     g.  N-Hydroxy-3,4-methylenedioxyamphetamine;
504     h.  5-Methoxy-3,4-methylenedioxyamphetamine;
505     i.  4-methoxyamphetamine;
506     j.  4-methoxymethamphetamine;
507     k.  4-Methyl-2,5-dimethoxyamphetamine;
508     l.  3,4-Methylenedioxy-N-ethylamphetamine;
509     m.  3,4-Methylenedioxyamphetamine;
510     n.  N,N-dimethylamphetamine; or
511     o.  3,4,5-Trimethoxyamphetamine,
512
513individually or in any combination of or any mixture containing
514any substance listed in sub-subparagraphs a.-o., and who knows
515that the probable result of such manufacture or importation
516would be the death of any person commits capital manufacture or
517importation of Phenethylamines, a capital felony punishable as
518provided in ss. 775.082 and 921.142. Any person sentenced for a
519capital felony under this paragraph shall also be sentenced to
520pay the maximum fine provided under subparagraph 1.
521     (l)1.  Any person who knowingly sells, purchases,
522manufactures, delivers, or brings into this state, or who is
523knowingly in actual or constructive possession of, 1 gram or
524more of lysergic acid diethylamide (LSD) as described in s.
525893.03(1)(c), or of any mixture containing lysergic acid
526diethylamide (LSD), commits a felony of the first degree, which
527felony shall be known as "trafficking in lysergic acid
528diethylamide (LSD)," punishable as provided in s. 775.082, s.
529775.083, or s. 775.084. If the quantity involved:
530     a.  Is 1 gram or more, but less than 5 grams, such person
531shall be sentenced to a mandatory minimum term of imprisonment
532of 3 years, and the defendant shall be ordered to pay a fine of
533$50,000.
534     b.  Is 5 grams or more, but less than 7 grams, such person
535shall be sentenced to a mandatory minimum term of imprisonment
536of 7 years, and the defendant shall be ordered to pay a fine of
537$100,000.
538     c.  Is 7 grams or more, such person shall be ordered
539sentenced to a mandatory minimum term of imprisonment of 15
540calendar years and pay a fine of $500,000.
541     2.  Any person who knowingly manufactures or brings into
542this state 7 grams or more of lysergic acid diethylamide (LSD)
543as described in s. 893.03(1)(c), or any mixture containing
544lysergic acid diethylamide (LSD), and who knows that the
545probable result of such manufacture or importation would be the
546death of any person commits capital manufacture or importation
547of lysergic acid diethylamide (LSD), a capital felony punishable
548as provided in ss. 775.082 and 921.142. Any person sentenced for
549a capital felony under this paragraph shall also be sentenced to
550pay the maximum fine provided under subparagraph 1.
551     (2)  A person acts knowingly under subsection (1) if that
552person intends to sell, purchase, manufacture, deliver, or bring
553into this state, or to actually or constructively possess, any
554of the controlled substances listed in subsection (1),
555regardless of which controlled substance listed in subsection
556(1) is in fact sold, purchased, manufactured, delivered, or
557brought into this state, or actually or constructively
558possessed.
559     (3)  Notwithstanding the provisions of s. 948.01, with
560respect to any person who is found to have violated this
561section, adjudication of guilt or imposition of sentence shall
562not be suspended, deferred, or withheld, nor shall such person
563be eligible for parole prior to serving the mandatory minimum
564term of imprisonment prescribed by this section. A person
565sentenced to a mandatory minimum term of imprisonment under this
566section is not eligible for any form of discretionary early
567release, except pardon or executive clemency or conditional
568medical release under s. 947.149, prior to serving the mandatory
569minimum term of imprisonment.
570     (4)  The state attorney may move the sentencing court to
571reduce or suspend the sentence of any person who is convicted of
572a violation of this section and who provides substantial
573assistance in the identification, arrest, or conviction of any
574of that person's accomplices, accessories, coconspirators, or
575principals or of any other person engaged in trafficking in
576controlled substances. The arresting agency shall be given an
577opportunity to be heard in aggravation or mitigation in
578reference to any such motion. Upon good cause shown, the motion
579may be filed and heard in camera. The judge hearing the motion
580may reduce or suspend, defer, or withhold the sentence or
581adjudication of guilt if the judge finds that the defendant
582rendered such substantial assistance.
583     (5)  Any person who agrees, conspires, combines, or
584confederates with another person to commit any act prohibited by
585subsection (1) commits a felony of the first degree and is
586punishable as if he or she had actually committed such
587prohibited act. Nothing in this subsection shall be construed to
588prohibit separate convictions and sentences for a violation of
589this subsection and any violation of subsection (1).
590     (6)  A mixture, as defined in s. 893.02, containing any
591controlled substance described in this section includes, but is
592not limited to, a solution or a dosage unit, including but not
593limited to, a pill or tablet, containing a controlled substance.
594For the purpose of clarifying legislative intent regarding the
595weighing of a mixture containing a controlled substance
596described in this section, the weight of the controlled
597substance is the total weight of the mixture, including the
598controlled substance and any other substance in the mixture. If
599there is more than one mixture containing the same controlled
600substance, the weight of the controlled substance is calculated
601by aggregating the total weight of each mixture.
602     (7)  For the purpose of further clarifying legislative
603intent, the Legislature finds that the opinion in Hayes v.
604State, 750 So. 2d 1 (Fla. 1999) does not correctly construe
605legislative intent. The Legislature finds that the opinions in
606State v. Hayes, 720 So. 2d 1095 (Fla. 4th DCA 1998) and State v.
607Baxley, 684 So. 2d 831 (Fla. 5th DCA 1996) correctly construe
608legislative intent.
609     Section 2.  Nonviolent offender reentry program.-
610     (1)  As used in this section, the term:
611     (a)  "Department" means the Department of Corrections.
612     (b)  "Nonviolent offender" means an offender who has:
613     1.  Been convicted of a third-degree felony offense that is
614not a forcible felony as defined in s. 776.08, Florida Statutes;
615and
616     2.  Not been convicted of any offense that requires a
617person to register as a sexual offender pursuant to s. 943.0435,
618Florida Statutes.
619     (2)(a)  The department shall develop and administer a
620reentry program for nonviolent offenders. The reentry program
621must include prison-based substance abuse treatment, general
622education development and adult basic education courses,
623vocational training, training in decisionmaking and personal
624development, and other rehabilitation programs.
625     (b)  The reentry program is intended to divert nonviolent
626offenders from long periods of incarceration when a reduced
627period of incarceration followed by participation in intensive
628substance abuse treatment and rehabilitative programming could
629produce the same deterrent effect, rehabilitate the offender,
630and reduce recidivism.
631     (c)  The nonviolent offender shall serve at least 120 days
632in the reentry program. The offender may not count any portion
633of his or her sentence served before placement in the reentry
634program as progress toward program completion.
635     (d)  A reentry program may be operated in a secure area in
636or adjacent to an adult institution.
637     (3)(a)  Upon receiving a potential reentry program
638participant, the department shall screen the nonviolent offender
639for eligibility criteria to participate in the reentry program.
640In order to participate, a nonviolent offender must have served
641at least one-half of his or her original sentence and must have
642been identified as having a need for substance abuse treatment.
643When screening a nonviolent offender, the department shall
644consider the offender's criminal history and the possible
645rehabilitative benefits that substance abuse treatment,
646educational programming, vocational training, and other
647rehabilitative programming might have on the offender.
648     (b)  If a nonviolent offender meets the eligibility
649criteria and space is available in the reentry program, the
650department shall request the sentencing court to approve the
651offender's participation in the reentry program.
652     (c)1.  The department shall notify the state attorney that
653the offender is being considered for placement in the reentry
654program. The notice must explain to the state attorney that a
655proposed reduced period of incarceration, followed by
656participation in substance abuse treatment and other
657rehabilitative programming, could produce the same deterrent
658effect otherwise expected from a lengthy incarceration.
659     2.  The notice must also state that the state attorney may
660notify the sentencing court in writing of any objection the
661state attorney might have if the nonviolent offender is placed
662in the reentry program. The state attorney must notify the
663sentencing court of his or her objections within 14 days after
664receiving the notice.
665     (d)  The sentencing court shall notify the department in
666writing of the court's decision to approve or disapprove the
667requested placement of the nonviolent offender no later than 28
668days after the court receives the department's request to place
669the offender in the reentry program. Failure to notify the
670department of the court's decision within the 28-day period
671constitutes approval to place the offender into the reentry
672program.
673     (4)  After the nonviolent offender is admitted into the
674reentry program, he or she shall undergo a full substance abuse
675assessment to determine his or her substance abuse treatment
676needs. The offender shall also have an educational assessment,
677which shall be accomplished using the Test of Adult Basic
678Education or any other testing instrument approved by the
679Department of Education. Each offender who has not obtained a
680high school diploma shall be enrolled in an adult education
681program designed to aid the offender in improving his or her
682academic skills and earn a high school diploma. Further
683assessments of the offender's vocational skills and future
684career education shall be provided to the offender as needed. A
685periodic reevaluation shall be made in order to assess the
686progress of each offender.
687     (5)(a)  If a nonviolent offender becomes unmanageable, the
688department may revoke the offender's gain-time and place the
689offender in disciplinary confinement in accordance with
690department rule. Except as provided in paragraph (b), the
691offender shall be readmitted to the reentry program after
692completing the ordered discipline. Any period of time during
693which the offender is unable to participate in the reentry
694program shall be excluded from the specified time requirements
695in the reentry program.
696     (b)  The department may terminate an offender from the
697reentry program if:
698     1.  The offender commits or threatens to commit a violent
699act;
700     2.  The department determines that the offender is unable
701to participate in the reentry program due to the offender's
702medical condition;
703     3.  The offender's sentence is modified or expires;
704     4.  The department reassigns the offender's classification
705status; or
706     5.  The department determines that removing the offender
707from the reentry program is in the best interest of the offender
708or the security of the institution.
709     (6)(a)  The department shall submit a report to the court
710at least 30 days before the nonviolent offender is scheduled to
711complete the reentry program. The report must describe the
712offender's performance in the reentry program. If the
713performance is satisfactory, the court shall issue an order
714modifying the sentence imposed and place the offender on drug
715offender probation subject to the offender's successful
716completion of the remainder of the reentry program. The term of
717drug offender probation may include placement in a community
718residential or nonresidential substance abuse treatment facility
719under the jurisdiction of the department or the Department of
720Children and Family Services or any public or private entity
721providing such services. If the nonviolent offender violates the
722conditions of drug offender probation, the court may revoke
723probation and impose any sentence that it might have originally
724imposed.
725     (b)  If an offender being released pursuant to paragraph
726(a) intends to reside in a county that has established a
727postadjudicatory drug court program as described in s. 397.334,
728Florida Statutes, the sentencing court may require the offender
729to successfully complete the postadjudicatory drug court program
730as a condition of drug offender probation. The original
731sentencing court shall relinquish jurisdiction of the offender's
732case to the postadjudicatory drug court program until the
733offender is no longer active in the program, the case is
734returned to the sentencing court due to the offender's
735termination from the program for failure to comply with the
736terms thereof, or the offender's sentence is completed. If
737transferred to a postadjudicatory drug court program, the
738offender shall comply with all conditions and orders of the
739program.
740     (7)  The department shall implement the reentry program to
741the fullest extent feasible within available resources.
742     (8)  The department shall submit an annual report to the
743Governor, the President of the Senate, and the Speaker of the
744House of Representatives detailing the extent of implementation
745of the reentry program and outlining future goals and any
746recommendation the department has for future legislative action.
747     (9)  The department may enter into performance-based
748contracts with qualified individuals, agencies, or corporations
749for the provision of any or all of the services for the reentry
750program.
751     (10)  A nonviolent offender in the reentry program is
752subject to rules of conduct established by the department and
753may have sanctions imposed, including loss of privileges,
754restrictions, disciplinary confinement, alteration of release
755plans, or other program modifications in keeping with the nature
756and gravity of the program violation. Administrative or
757protective confinement, as necessary, may be imposed.
758     (11)  The department may establish a system of incentives
759within the reentry program which the department may use to
760promote participation in rehabilitative programs and the orderly
761operation of institutions and facilities.
762     (12)  The department shall develop a system for tracking
763recidivism, including, but not limited to, rearrests and
764recommitment of nonviolent offenders who successfully complete
765the reentry program, and shall report the recidivism rate in its
766annual report of the program.
767     (13)  The department shall adopt rules pursuant to ss.
768120.536(1) and 120.54, Florida Statutes, to administer the
769reentry program.
770     Section 3.  This act shall take effect October 1, 2011.


CODING: Words stricken are deletions; words underlined are additions.