Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 732
       
       
       
       
       
       
                                Barcode 186548                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Comm: UNFAV           .                                
                  02/01/2012           .                                
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       The Committee on Criminal Justice (Bennett) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3  
    4  
    5         Delete lines 24 - 580
    6  and insert:
    7         Section 1. Section 893.135, Florida Statutes, is amended to
    8  read:
    9         893.135 Trafficking; mandatory sentences; suspension or
   10  reduction of sentences; conspiracy to engage in trafficking.—
   11         (1) Except as authorized in this chapter or in chapter 499
   12  and notwithstanding the provisions of s. 893.13:
   13         (a) A Any person who knowingly sells, purchases,
   14  manufactures, delivers, or brings into this state, or who is
   15  knowingly is in actual or constructive possession with intent to
   16  sell, purchase, manufacture, deliver, or bring into this state
   17  of, in excess of 25 pounds of cannabis, or 300 or more cannabis
   18  plants, commits a felony of the first degree, which felony shall
   19  be known as “trafficking in cannabis,” punishable as provided in
   20  s. 775.082, s. 775.083, or s. 775.084. If the quantity of
   21  cannabis involved:
   22         1. Is in excess of 25 pounds, but less than 2,000 pounds,
   23  or is 300 or more cannabis plants, but not more than 2,000
   24  cannabis plants, such person shall be sentenced to a mandatory
   25  minimum term of imprisonment of 3 years, and the defendant shall
   26  be ordered to pay a fine of $25,000.
   27         2. Is 2,000 pounds or more, but less than 10,000 pounds, or
   28  is 2,000 or more cannabis plants, but not more than 10,000
   29  cannabis plants, such person shall be sentenced to a mandatory
   30  minimum term of imprisonment of 7 years, and the defendant shall
   31  be ordered to pay a fine of $50,000.
   32         3. Is 10,000 pounds or more, or is 10,000 or more cannabis
   33  plants, such person shall be sentenced to a mandatory minimum
   34  term of imprisonment of 15 calendar years, and the defendant
   35  shall be ordered to pay a fine of $200,000.
   36  
   37  For the purpose of this paragraph, a plant, including, but not
   38  limited to, a seedling or cutting, is a “cannabis plant” if it
   39  has some readily observable evidence of root formation, such as
   40  root hairs. To determine if a piece or part of a cannabis plant
   41  severed from the cannabis plant is itself a cannabis plant, the
   42  severed piece or part must have some readily observable evidence
   43  of root formation, such as root hairs. Callous tissue is not
   44  readily observable evidence of root formation. The viability and
   45  sex of a plant and the fact that the plant may or may not be a
   46  dead harvested plant are not relevant in determining if the
   47  plant is a “cannabis plant” or in the charging of an offense
   48  under this paragraph. Upon conviction, the court shall impose
   49  the longest term of imprisonment provided for in this paragraph.
   50         (b)1. Any person who knowingly sells, purchases,
   51  manufactures, delivers, or brings into this state, or who is
   52  knowingly is in actual or constructive possession with intent to
   53  sell, purchase, manufacture, deliver, or bring into this state
   54  of, 28 grams or more of cocaine, as described in s.
   55  893.03(2)(a)4., or of any mixture containing cocaine, but less
   56  than 150 kilograms of cocaine or any such mixture, commits a
   57  felony of the first degree, which felony shall be known as
   58  “trafficking in cocaine,” punishable as provided in s. 775.082,
   59  s. 775.083, or s. 775.084. If the quantity involved:
   60         a. Is 28 grams or more, but less than 200 grams, such
   61  person shall be sentenced to a mandatory minimum term of
   62  imprisonment of 3 years, and the defendant shall be ordered to
   63  pay a fine of $50,000.
   64         b. Is 200 grams or more, but less than 400 grams, such
   65  person shall be sentenced to a mandatory minimum term of
   66  imprisonment of 7 years, and the defendant shall be ordered to
   67  pay a fine of $100,000.
   68         c. Is 400 grams or more, but less than 150 kilograms, such
   69  person shall be sentenced to a mandatory minimum term of
   70  imprisonment of 15 calendar years, and the defendant shall be
   71  ordered to pay a fine of $250,000.
   72         2. Any person who knowingly sells, purchases, manufactures,
   73  delivers, or brings into this state, or who is knowingly is in
   74  actual or constructive possession with intent to sell, purchase,
   75  manufacture, deliver, or bring into this state of, 150 kilograms
   76  or more of cocaine, as described in s. 893.03(2)(a)4., commits
   77  the first degree felony of trafficking in cocaine. A person who
   78  has been convicted of the first-degree first degree felony of
   79  trafficking in cocaine under this subparagraph shall be punished
   80  by life imprisonment and is ineligible for any form of
   81  discretionary early release except pardon or executive clemency
   82  or conditional medical release under s. 947.149. However, if the
   83  court determines that, in addition to committing any act
   84  specified in this paragraph:
   85         a. The person intentionally killed an individual or
   86  counseled, commanded, induced, procured, or caused the
   87  intentional killing of an individual and such killing was the
   88  result; or
   89         b. The person’s conduct in committing that act led to a
   90  natural, though not inevitable, lethal result,
   91  
   92  such person commits the capital felony of trafficking in
   93  cocaine, punishable as provided in ss. 775.082 and 921.142. Any
   94  person sentenced for a capital felony under this paragraph shall
   95  also be ordered sentenced to pay the maximum fine provided under
   96  subparagraph 1.
   97         3. Any person who knowingly brings into this state 300
   98  kilograms or more of cocaine, as described in s. 893.03(2)(a)4.,
   99  and who knows that the probable result of such importation would
  100  be the death of any person, commits capital importation of
  101  cocaine, a capital felony punishable as provided in ss. 775.082
  102  and 921.142. Any person sentenced for a capital felony under
  103  this paragraph shall also be ordered sentenced to pay the
  104  maximum fine provided under subparagraph 1.
  105         (c)1. Any person who knowingly sells, purchases,
  106  manufactures, delivers, or brings into this state, or who is
  107  knowingly is in actual or constructive possession with intent to
  108  sell, purchase, manufacture, deliver, or bring into this state
  109  of, 28 4 grams or more of any morphine, opium, oxycodone,
  110  hydrocodone, hydromorphone, or any salt, derivative, isomer, or
  111  salt of an isomer thereof, including heroin, as described in s.
  112  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 4 grams or more
  113  of any mixture containing any such substance, but less than 30
  114  kilograms of such substance or mixture, commits a felony of the
  115  first degree, which felony shall be known as “trafficking in
  116  illegal drugs,” punishable as provided in s. 775.082, s.
  117  775.083, or s. 775.084. If the quantity involved:
  118         a. Is 28 4 grams or more, but less than 50 14 grams, such
  119  person shall be sentenced to a mandatory minimum term of
  120  imprisonment of 3 years, and the defendant shall be ordered to
  121  pay a fine of $50,000.
  122         b. Is 50 14 grams or more, but less than 200 28 grams, such
  123  person shall be sentenced to a mandatory minimum term of
  124  imprisonment of 7 15 years, and the defendant shall be ordered
  125  to pay a fine of $100,000.
  126         c. Is 200 28 grams or more, but less than 30 kilograms,
  127  such person shall be sentenced to a mandatory minimum term of
  128  imprisonment of 15 25 calendar years, and the defendant shall be
  129  ordered to pay a fine of $500,000.
  130         2. Any person who knowingly sells, purchases, manufactures,
  131  delivers, or brings into this state, or who is knowingly is in
  132  actual or constructive possession with intent to sell, purchase,
  133  manufacture, deliver, or bring into this state of, 30 kilograms
  134  or more of any morphine, opium, oxycodone, hydrocodone,
  135  hydromorphone, or any salt, derivative, isomer, or salt of an
  136  isomer thereof, including heroin, as described in s.
  137  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or
  138  more of any mixture containing any such substance, commits the
  139  first-degree first degree felony of trafficking in illegal
  140  drugs. A person who has been convicted of the first-degree first
  141  degree felony of trafficking in illegal drugs under this
  142  subparagraph shall be punished by life imprisonment and is
  143  ineligible for any form of discretionary early release except
  144  pardon or executive clemency or conditional medical release
  145  under s. 947.149. However, if the court determines that, in
  146  addition to committing any act specified in this paragraph:
  147         a. The person intentionally killed an individual or
  148  counseled, commanded, induced, procured, or caused the
  149  intentional killing of an individual and such killing was the
  150  result; or
  151         b. The person’s conduct in committing that act led to a
  152  natural, though not inevitable, lethal result,
  153  
  154  such person commits the capital felony of trafficking in illegal
  155  drugs, punishable as provided in ss. 775.082 and 921.142. Any
  156  person sentenced for a capital felony under this paragraph shall
  157  also be ordered sentenced to pay the maximum fine provided under
  158  subparagraph 1.
  159         3. Any person who knowingly brings into this state 60
  160  kilograms or more of any morphine, opium, oxycodone,
  161  hydrocodone, hydromorphone, or any salt, derivative, isomer, or
  162  salt of an isomer thereof, including heroin, as described in s.
  163  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 60 kilograms or
  164  more of any mixture containing any such substance, and who knows
  165  that the probable result of such importation would be the death
  166  of any person, commits capital importation of illegal drugs, a
  167  capital felony punishable as provided in ss. 775.082 and
  168  921.142. Any person sentenced for a capital felony under this
  169  paragraph shall also be ordered sentenced to pay the maximum
  170  fine provided under subparagraph 1.
  171         (d)1. Any person who knowingly sells, purchases,
  172  manufactures, delivers, or brings into this state, or who is
  173  knowingly is in actual or constructive possession with intent to
  174  sell, purchase, manufacture, deliver, or bring into this state
  175  of, 28 grams or more of phencyclidine or of any mixture
  176  containing phencyclidine, as described in s. 893.03(2)(b),
  177  commits a felony of the first degree, which felony shall be
  178  known as “trafficking in phencyclidine,” punishable as provided
  179  in s. 775.082, s. 775.083, or s. 775.084. If the quantity
  180  involved:
  181         a. Is 28 grams or more, but less than 200 grams, such
  182  person shall be sentenced to a mandatory minimum term of
  183  imprisonment of 3 years, and the defendant shall be ordered to
  184  pay a fine of $50,000.
  185         b. Is 200 grams or more, but less than 400 grams, such
  186  person shall be sentenced to a mandatory minimum term of
  187  imprisonment of 7 years, and the defendant shall be ordered to
  188  pay a fine of $100,000.
  189         c. Is 400 grams or more, such person shall be sentenced to
  190  a mandatory minimum term of imprisonment of 15 calendar years,
  191  and the defendant shall be ordered to pay a fine of $250,000.
  192         2. Any person who knowingly brings into this state 800
  193  grams or more of phencyclidine or of any mixture containing
  194  phencyclidine, as described in s. 893.03(2)(b), and who knows
  195  that the probable result of such importation would be the death
  196  of any person commits capital importation of phencyclidine, a
  197  capital felony punishable as provided in ss. 775.082 and
  198  921.142. Any person sentenced for a capital felony under this
  199  paragraph shall also be ordered sentenced to pay the maximum
  200  fine provided under subparagraph 1.
  201         (e)1. Any person who knowingly sells, purchases,
  202  manufactures, delivers, or brings into this state, or who is
  203  knowingly is in actual or constructive possession with intent to
  204  sell, purchase, manufacture, deliver, or bring into this state
  205  of, 200 grams or more of methaqualone or of any mixture
  206  containing methaqualone, as described in s. 893.03(1)(d),
  207  commits a felony of the first degree, which felony shall be
  208  known as “trafficking in methaqualone,” punishable as provided
  209  in s. 775.082, s. 775.083, or s. 775.084. If the quantity
  210  involved:
  211         a. Is 200 grams or more, but less than 5 kilograms, such
  212  person shall be sentenced to a mandatory minimum term of
  213  imprisonment of 3 years, and the defendant shall be ordered to
  214  pay a fine of $50,000.
  215         b. Is 5 kilograms or more, but less than 25 kilograms, such
  216  person shall be sentenced to a mandatory minimum term of
  217  imprisonment of 7 years, and the defendant shall be ordered to
  218  pay a fine of $100,000.
  219         c. Is 25 kilograms or more, such person shall be sentenced
  220  to a mandatory minimum term of imprisonment of 15 calendar
  221  years, and the defendant shall be ordered to pay a fine of
  222  $250,000.
  223         2. Any person who knowingly brings into this state 50
  224  kilograms or more of methaqualone or of any mixture containing
  225  methaqualone, as described in s. 893.03(1)(d), and who knows
  226  that the probable result of such importation would be the death
  227  of any person commits capital importation of methaqualone, a
  228  capital felony punishable as provided in ss. 775.082 and
  229  921.142. Any person sentenced for a capital felony under this
  230  paragraph shall also be ordered sentenced to pay the maximum
  231  fine provided under subparagraph 1.
  232         (f)1. Any person who knowingly sells, purchases,
  233  manufactures, delivers, or brings into this state, or who is
  234  knowingly is in actual or constructive possession with intent to
  235  sell, purchase, manufacture, deliver, or bring into this state
  236  of, 14 grams or more of amphetamine, as described in s.
  237  893.03(2)(c)2., or methamphetamine, as described in s.
  238  893.03(2)(c)4., or of any mixture containing amphetamine or
  239  methamphetamine, or phenylacetone, phenylacetic acid,
  240  pseudoephedrine, or ephedrine in conjunction with other
  241  chemicals and equipment utilized in the manufacture of
  242  amphetamine or methamphetamine, commits a felony of the first
  243  degree, which felony shall be known as “trafficking in
  244  amphetamine,” punishable as provided in s. 775.082, s. 775.083,
  245  or s. 775.084. If the quantity involved:
  246         a. Is 14 grams or more, but less than 28 grams, such person
  247  shall be sentenced to a mandatory minimum term of imprisonment
  248  of 3 years, and the defendant shall be ordered to pay a fine of
  249  $50,000.
  250         b. Is 28 grams or more, but less than 200 grams, such
  251  person shall be sentenced to a mandatory minimum term of
  252  imprisonment of 7 years, and the defendant shall be ordered to
  253  pay a fine of $100,000.
  254         c. Is 200 grams or more, such person shall be sentenced to
  255  a mandatory minimum term of imprisonment of 15 calendar years,
  256  and the defendant shall be ordered to pay a fine of $250,000.
  257         2. Any person who knowingly manufactures or brings into
  258  this state 400 grams or more of amphetamine, as described in s.
  259  893.03(2)(c)2., or methamphetamine, as described in s.
  260  893.03(2)(c)4., or of any mixture containing amphetamine or
  261  methamphetamine, or phenylacetone, phenylacetic acid,
  262  pseudoephedrine, or ephedrine in conjunction with other
  263  chemicals and equipment used in the manufacture of amphetamine
  264  or methamphetamine, and who knows that the probable result of
  265  such manufacture or importation would be the death of any person
  266  commits capital manufacture or importation of amphetamine, a
  267  capital felony punishable as provided in ss. 775.082 and
  268  921.142. Any person sentenced for a capital felony under this
  269  paragraph shall also be ordered sentenced to pay the maximum
  270  fine provided under subparagraph 1.
  271         (g)1. Any person who knowingly sells, purchases,
  272  manufactures, delivers, or brings into this state, or who is
  273  knowingly is in actual or constructive possession with intent to
  274  sell, purchase, manufacture, deliver, or bring into this state
  275  of, 4 grams or more of flunitrazepam or any mixture containing
  276  flunitrazepam as described in s. 893.03(1)(a) commits a felony
  277  of the first degree, which felony shall be known as “trafficking
  278  in flunitrazepam,” punishable as provided in s. 775.082, s.
  279  775.083, or s. 775.084. If the quantity involved:
  280         a. Is 4 grams or more but less than 14 grams, such person
  281  shall be sentenced to a mandatory minimum term of imprisonment
  282  of 3 years, and the defendant shall be ordered to pay a fine of
  283  $50,000.
  284         b. Is 14 grams or more but less than 28 grams, such person
  285  shall be sentenced to a mandatory minimum term of imprisonment
  286  of 7 years, and the defendant shall be ordered to pay a fine of
  287  $100,000.
  288         c. Is 28 grams or more but less than 30 kilograms, such
  289  person shall be sentenced to a mandatory minimum term of
  290  imprisonment of 25 calendar years, and the defendant shall be
  291  ordered to pay a fine of $500,000.
  292         2. Any person who knowingly sells, purchases, manufactures,
  293  delivers, or brings into this state or who is knowingly is in
  294  actual or constructive possession with intent to sell, purchase,
  295  manufacture, deliver, or bring into this state of 30 kilograms
  296  or more of flunitrazepam or any mixture containing flunitrazepam
  297  as described in s. 893.03(1)(a) commits the first-degree first
  298  degree felony of trafficking in flunitrazepam. A person who has
  299  been convicted of the first-degree first degree felony of
  300  trafficking in flunitrazepam under this subparagraph shall be
  301  punished by life imprisonment and is ineligible for any form of
  302  discretionary early release except pardon or executive clemency
  303  or conditional medical release under s. 947.149. However, if the
  304  court determines that, in addition to committing any act
  305  specified in this paragraph:
  306         a. The person intentionally killed an individual or
  307  counseled, commanded, induced, procured, or caused the
  308  intentional killing of an individual and such killing was the
  309  result; or
  310         b. The person’s conduct in committing that act led to a
  311  natural, though not inevitable, lethal result,
  312  
  313  such person commits the capital felony of trafficking in
  314  flunitrazepam, punishable as provided in ss. 775.082 and
  315  921.142. Any person sentenced for a capital felony under this
  316  paragraph shall also be ordered sentenced to pay the maximum
  317  fine provided under subparagraph 1.
  318         (h)1. Any person who knowingly sells, purchases,
  319  manufactures, delivers, or brings into this state, or who is
  320  knowingly is in actual or constructive possession with intent to
  321  sell, purchase, manufacture, deliver, or bring into this state
  322  of, 1 kilogram or more of gamma-hydroxybutyric acid (GHB), as
  323  described in s. 893.03(1)(d), or any mixture containing gamma
  324  hydroxybutyric acid (GHB), commits a felony of the first degree,
  325  which felony shall be known as “trafficking in gamma
  326  hydroxybutyric acid (GHB),” punishable as provided in s.
  327  775.082, s. 775.083, or s. 775.084. If the quantity involved:
  328         a. Is 1 kilogram or more but less than 5 kilograms, such
  329  person shall be sentenced to a mandatory minimum term of
  330  imprisonment of 3 years, and the defendant shall be ordered to
  331  pay a fine of $50,000.
  332         b. Is 5 kilograms or more but less than 10 kilograms, such
  333  person shall be sentenced to a mandatory minimum term of
  334  imprisonment of 7 years, and the defendant shall be ordered to
  335  pay a fine of $100,000.
  336         c. Is 10 kilograms or more, such person shall be sentenced
  337  to a mandatory minimum term of imprisonment of 15 calendar
  338  years, and the defendant shall be ordered to pay a fine of
  339  $250,000.
  340         2. Any person who knowingly manufactures or brings into
  341  this state 150 kilograms or more of gamma-hydroxybutyric acid
  342  (GHB), as described in s. 893.03(1)(d), or any mixture
  343  containing gamma-hydroxybutyric acid (GHB), and who knows that
  344  the probable result of such manufacture or importation would be
  345  the death of any person commits capital manufacture or
  346  importation of gamma-hydroxybutyric acid (GHB), a capital felony
  347  punishable as provided in ss. 775.082 and 921.142. Any person
  348  sentenced for a capital felony under this paragraph shall also
  349  be ordered sentenced to pay the maximum fine provided under
  350  subparagraph 1.
  351         (i)1. Any person who knowingly sells, purchases,
  352  manufactures, delivers, or brings into this state, or who is
  353  knowingly is in actual or constructive possession with intent to
  354  sell, purchase, manufacture, deliver, or bring into this state
  355  of, 1 kilogram or more of gamma-butyrolactone (GBL), as
  356  described in s. 893.03(1)(d), or any mixture containing gamma
  357  butyrolactone (GBL), commits a felony of the first degree, which
  358  felony shall be known as “trafficking in gamma-butyrolactone
  359  (GBL),” punishable as provided in s. 775.082, s. 775.083, or s.
  360  775.084. If the quantity involved:
  361         a. Is 1 kilogram or more but less than 5 kilograms, such
  362  person shall be sentenced to a mandatory minimum term of
  363  imprisonment of 3 years, and the defendant shall be ordered to
  364  pay a fine of $50,000.
  365         b. Is 5 kilograms or more but less than 10 kilograms, such
  366  person shall be sentenced to a mandatory minimum term of
  367  imprisonment of 7 years, and the defendant shall be ordered to
  368  pay a fine of $100,000.
  369         c. Is 10 kilograms or more, such person shall be sentenced
  370  to a mandatory minimum term of imprisonment of 15 calendar
  371  years, and the defendant shall be ordered to pay a fine of
  372  $250,000.
  373         2. Any person who knowingly manufactures or brings into the
  374  state 150 kilograms or more of gamma-butyrolactone (GBL), as
  375  described in s. 893.03(1)(d), or any mixture containing gamma
  376  butyrolactone (GBL), and who knows that the probable result of
  377  such manufacture or importation would be the death of any person
  378  commits capital manufacture or importation of gamma
  379  butyrolactone (GBL), a capital felony punishable as provided in
  380  ss. 775.082 and 921.142. Any person sentenced for a capital
  381  felony under this paragraph shall also be ordered sentenced to
  382  pay the maximum fine provided under subparagraph 1.
  383         (j)1. Any person who knowingly sells, purchases,
  384  manufactures, delivers, or brings into this state, or who is
  385  knowingly is in actual or constructive possession with intent to
  386  sell, purchase, manufacture, deliver, or bring into this state
  387  of, 1 kilogram or more of 1,4-Butanediol as described in s.
  388  893.03(1)(d), or of any mixture containing 1,4-Butanediol,
  389  commits a felony of the first degree, which felony shall be
  390  known as “trafficking in 1,4-Butanediol,” punishable as provided
  391  in s. 775.082, s. 775.083, or s. 775.084. If the quantity
  392  involved:
  393         a. Is 1 kilogram or more, but less than 5 kilograms, such
  394  person shall be sentenced to a mandatory minimum term of
  395  imprisonment of 3 years, and the defendant shall be ordered to
  396  pay a fine of $50,000.
  397         b. Is 5 kilograms or more, but less than 10 kilograms, such
  398  person shall be sentenced to a mandatory minimum term of
  399  imprisonment of 7 years, and the defendant shall be ordered to
  400  pay a fine of $100,000.
  401         c. Is 10 kilograms or more, such person shall be sentenced
  402  to a mandatory minimum term of imprisonment of 15 calendar
  403  years, and the defendant shall be ordered to pay a fine of
  404  $500,000.
  405         2. Any person who knowingly manufactures or brings into
  406  this state 150 kilograms or more of 1,4-Butanediol as described
  407  in s. 893.03(1)(d), or any mixture containing 1,4-Butanediol,
  408  and who knows that the probable result of such manufacture or
  409  importation would be the death of any person commits capital
  410  manufacture or importation of 1,4-Butanediol, a capital felony
  411  punishable as provided in ss. 775.082 and 921.142. Any person
  412  sentenced for a capital felony under this paragraph shall also
  413  be ordered sentenced to pay the maximum fine provided under
  414  subparagraph 1.
  415         (k)1. Any person who knowingly sells, purchases,
  416  manufactures, delivers, or brings into this state, or who is
  417  knowingly is in actual or constructive possession with intent to
  418  sell, purchase, manufacture, deliver, or bring into this state
  419  of, 10 grams or more of any of the following substances
  420  described in s. 893.03(1)(a) or (c):
  421         a. 3,4-Methylenedioxymethamphetamine (MDMA);
  422         b. 4-Bromo-2,5-dimethoxyamphetamine;
  423         c. 4-Bromo-2,5-dimethoxyphenethylamine;
  424         d. 2,5-Dimethoxyamphetamine;
  425         e. 2,5-Dimethoxy-4-ethylamphetamine (DOET);
  426         f. N-ethylamphetamine;
  427         g. N-Hydroxy-3,4-methylenedioxyamphetamine;
  428         h. 5-Methoxy-3,4-methylenedioxyamphetamine;
  429         i. 4-methoxyamphetamine;
  430         j. 4-methoxymethamphetamine;
  431         k. 4-Methyl-2,5-dimethoxyamphetamine;
  432         l. 3,4-Methylenedioxy-N-ethylamphetamine;
  433         m. 3,4-Methylenedioxyamphetamine;
  434         n. N,N-dimethylamphetamine; or
  435         o. 3,4,5-Trimethoxyamphetamine,
  436  
  437  individually or in any combination of or any mixture containing
  438  any substance listed in sub-subparagraphs a.-o., commits a
  439  felony of the first degree, which felony shall be known as
  440  “trafficking in Phenethylamines,” punishable as provided in s.
  441  775.082, s. 775.083, or s. 775.084.
  442         2. If the quantity involved:
  443         a. Is 10 grams or more but less than 200 grams, such person
  444  shall be sentenced to a mandatory minimum term of imprisonment
  445  of 3 years, and the defendant shall be ordered to pay a fine of
  446  $50,000.
  447         b. Is 200 grams or more, but less than 400 grams, such
  448  person shall be sentenced to a mandatory minimum term of
  449  imprisonment of 7 years, and the defendant shall be ordered to
  450  pay a fine of $100,000.
  451         c. Is 400 grams or more, such person shall be sentenced to
  452  a mandatory minimum term of imprisonment of 15 calendar years,
  453  and the defendant shall be ordered to pay a fine of $250,000.
  454         3. Any person who knowingly manufactures or brings into
  455  this state 30 kilograms or more of any of the following
  456  substances described in s. 893.03(1)(a) or (c):
  457         a. 3,4-Methylenedioxymethamphetamine (MDMA);
  458         b. 4-Bromo-2,5-dimethoxyamphetamine;
  459         c. 4-Bromo-2,5-dimethoxyphenethylamine;
  460         d. 2,5-Dimethoxyamphetamine;
  461         e. 2,5-Dimethoxy-4-ethylamphetamine (DOET);
  462         f. N-ethylamphetamine;
  463         g. N-Hydroxy-3,4-methylenedioxyamphetamine;
  464         h. 5-Methoxy-3,4-methylenedioxyamphetamine;
  465         i. 4-methoxyamphetamine;
  466         j. 4-methoxymethamphetamine;
  467         k. 4-Methyl-2,5-dimethoxyamphetamine;
  468         l. 3,4-Methylenedioxy-N-ethylamphetamine;
  469         m. 3,4-Methylenedioxyamphetamine;
  470         n. N,N-dimethylamphetamine; or
  471         o. 3,4,5-Trimethoxyamphetamine,
  472  
  473  individually or in any combination of or any mixture containing
  474  any substance listed in sub-subparagraphs a.-o., and who knows
  475  that the probable result of such manufacture or importation
  476  would be the death of any person commits capital manufacture or
  477  importation of Phenethylamines, a capital felony punishable as
  478  provided in ss. 775.082 and 921.142. Any person sentenced for a
  479  capital felony under this paragraph shall also be ordered
  480  sentenced to pay the maximum fine provided under subparagraph 1.
  481         (l)1. Any person who knowingly sells, purchases,
  482  manufactures, delivers, or brings into this state, or who is
  483  knowingly is in actual or constructive possession with intent to
  484  sell, purchase, manufacture, deliver, or bring into this state
  485  of, 1 gram or more of lysergic acid diethylamide (LSD) as
  486  described in s. 893.03(1)(c), or of any mixture containing
  487  lysergic acid diethylamide (LSD), commits a felony of the first
  488  degree, which felony shall be known as “trafficking in lysergic
  489  acid diethylamide (LSD),” punishable as provided in s. 775.082,
  490  s. 775.083, or s. 775.084. If the quantity involved:
  491         a. Is 1 gram or more, but less than 5 grams, such person
  492  shall be sentenced to a mandatory minimum term of imprisonment
  493  of 3 years, and the defendant shall be ordered to pay a fine of
  494  $50,000.
  495         b. Is 5 grams or more, but less than 7 grams, such person
  496  shall be sentenced to a mandatory minimum term of imprisonment
  497  of 7 years, and the defendant shall be ordered to pay a fine of
  498  $100,000.
  499         c. Is 7 grams or more, such person shall be sentenced to a
  500  mandatory minimum term of imprisonment of 15 calendar years, and
  501  the defendant shall be ordered to pay a fine of $500,000.
  502         2. Any person who knowingly manufactures or brings into
  503  this state 7 grams or more of lysergic acid diethylamide (LSD)
  504  as described in s. 893.03(1)(c), or any mixture containing
  505  lysergic acid diethylamide (LSD), and who knows that the
  506  probable result of such manufacture or importation would be the
  507  death of any person commits capital manufacture or importation
  508  of lysergic acid diethylamide (LSD), a capital felony punishable
  509  as provided in ss. 775.082 and 921.142. Any person sentenced for
  510  a capital felony under this paragraph shall also be ordered
  511  sentenced to pay the maximum fine provided under subparagraph 1.
  512         (2) A person acts knowingly under subsection (1) if that
  513  person intends to sell, purchase, manufacture, deliver, or bring
  514  into this state, or to actually or constructively possess, any
  515  of the controlled substances listed in subsection (1),
  516  regardless of which controlled substance listed in subsection
  517  (1) is in fact sold, purchased, manufactured, delivered, or
  518  brought into this state, or actually or constructively
  519  possessed.
  520         (3) Notwithstanding the provisions of s. 948.01, with
  521  respect to any person who is found to have violated this
  522  section, adjudication of guilt or imposition of sentence may
  523  shall not be suspended, deferred, or withheld, and nor shall
  524  such person is not be eligible for parole before prior to
  525  serving the mandatory minimum term of imprisonment prescribed by
  526  this section. A person sentenced to a mandatory minimum term of
  527  imprisonment under this section is not eligible for any form of
  528  discretionary early release, except pardon or executive clemency
  529  or conditional medical release under s. 947.149, before prior to
  530  serving the mandatory minimum term of imprisonment.
  531         (4) The state attorney may move the sentencing court to
  532  reduce or suspend the sentence of any person who is convicted of
  533  a violation of this section and who provides substantial
  534  assistance in the identification, arrest, or conviction of any
  535  of that person’s accomplices, accessories, coconspirators, or
  536  principals or of any other person engaged in trafficking in
  537  controlled substances. The arresting agency shall be given an
  538  opportunity to be heard in aggravation or mitigation in
  539  reference to any such motion. Upon good cause shown, the motion
  540  may be filed and heard in camera. The judge hearing the motion
  541  may reduce or suspend, defer, or withhold the sentence or
  542  adjudication of guilt if the judge finds that the defendant
  543  rendered such substantial assistance.
  544         (5) Any person who agrees, conspires, combines, or
  545  confederates with another person to commit any act prohibited by
  546  subsection (1) commits a felony of the first degree and is
  547  punishable as if he or she had actually committed such
  548  prohibited act. Nothing in This subsection does not shall be
  549  construed to prohibit separate convictions and sentences for a
  550  violation of this subsection and any violation of subsection
  551  (1).
  552         (6)(a) A mixture, as defined in s. 893.02, containing any
  553  controlled substance described in this section includes, but is
  554  not limited to, a solution or a dosage unit, including, but not
  555  limited to, a pill or tablet, containing a controlled substance.
  556         (b) Except as provided in paragraph (c), For the purpose of
  557  clarifying legislative intent regarding the weighing of a
  558  mixture containing a controlled substance described in this
  559  section, the weight of the controlled substance is the total
  560  weight of the mixture, including the controlled substance and
  561  any other substance in the mixture. If there is more than one
  562  mixture containing the same controlled substance, the weight of
  563  the controlled substance is calculated by aggregating the total
  564  weight of each mixture.
  565         (c) If the mixture is a prescription drug as defined in s.
  566  499.003 and the weight of the controlled substance in the
  567  mixture can be identified using the National Drug Code
  568  Directory, as published by the United States Department of
  569  Health and Human Services, the weight of the controlled
  570  substance is the weight of the controlled substance identified
  571  in the National Drug Code Directory, exclusive of other tablet
  572  components. If there is more than one mixture that is a
  573  prescription drug and all of the mixtures contain the same
  574  controlled substance, and the weight of the controlled substance
  575  in each mixture can be identified using the National Drug Code
  576  Directory, the weight of the controlled substance is calculated
  577  by aggregating the weight of the controlled substance in each
  578  mixture.
  579         (7) For the purpose of further clarifying legislative
  580  intent, the Legislature finds that the opinion in Hayes v.
  581  State, 750 So. 2d 1 (Fla. 1999) does not correctly construe
  582  legislative intent. The Legislature finds that the opinions in
  583  State v. Hayes, 720 So. 2d 1095 (Fla. 4th DCA 1998) and State v.
  584  Baxley, 684 So. 2d 831 (Fla. 5th DCA 1996) correctly construe
  585  legislative intent.
  586  
  587  ================= T I T L E  A M E N D M E N T ================
  588         And the title is amended as follows:
  589         Delete line 11
  590  and insert:
  591         legislative intent; amending s. 921.0022, F.S.;