Florida Senate - 2012 COMMITTEE AMENDMENT
Bill No. CS for SB 732
Barcode 285176
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/20/2012 .
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The Committee on Judiciary (Richter) recommended the following:
1 Senate Substitute for Amendment (370628)
2
3 Delete lines 21 - 577
4 and insert:
5 Section 1. Section 893.135, Florida Statutes, is amended to
6 read:
7 893.135 Trafficking; mandatory sentences; suspension or
8 reduction of sentences; conspiracy to engage in trafficking.—
9 (1) Except as authorized in this chapter or in chapter 499
10 and notwithstanding the provisions of s. 893.13:
11 (a) A Any person who knowingly sells, purchases,
12 manufactures, delivers, or brings into this state, or who is
13 knowingly is in actual or constructive possession with intent to
14 sell, purchase, manufacture, or deliver of, in excess of 25
15 pounds of cannabis, or 300 or more cannabis plants, commits a
16 felony of the first degree, which felony shall be known as
17 “trafficking in cannabis,” punishable as provided in s. 775.082,
18 s. 775.083, or s. 775.084. If the quantity of cannabis involved:
19 1. Is in excess of 25 pounds, but less than 2,000 pounds,
20 or is 300 or more cannabis plants, but not more than 2,000
21 cannabis plants, such person shall be sentenced to a mandatory
22 minimum term of imprisonment of 3 years, and the defendant shall
23 be ordered to pay a fine of $25,000.
24 2. Is 2,000 pounds or more, but less than 10,000 pounds, or
25 is 2,000 or more cannabis plants, but not more than 10,000
26 cannabis plants, such person shall be sentenced to a mandatory
27 minimum term of imprisonment of 7 years, and the defendant shall
28 be ordered to pay a fine of $50,000.
29 3. Is 10,000 pounds or more, or is 10,000 or more cannabis
30 plants, such person shall be sentenced to a mandatory minimum
31 term of imprisonment of 15 calendar years, and the defendant
32 shall be ordered to pay a fine of $200,000.
33
34 For the purpose of this paragraph, a plant, including, but not
35 limited to, a seedling or cutting, is a “cannabis plant” if it
36 has some readily observable evidence of root formation, such as
37 root hairs. To determine if a piece or part of a cannabis plant
38 severed from the cannabis plant is itself a cannabis plant, the
39 severed piece or part must have some readily observable evidence
40 of root formation, such as root hairs. Callous tissue is not
41 readily observable evidence of root formation. The viability and
42 sex of a plant and the fact that the plant may or may not be a
43 dead harvested plant are not relevant in determining if the
44 plant is a “cannabis plant” or in the charging of an offense
45 under this paragraph. Upon conviction, the court shall impose
46 the longest term of imprisonment provided for in this paragraph.
47 (b)1. Any person who knowingly sells, purchases,
48 manufactures, delivers, or brings into this state, or who is
49 knowingly is in actual or constructive possession with intent to
50 sell, purchase, manufacture, or deliver of, 28 grams or more of
51 cocaine, as described in s. 893.03(2)(a)4., or of any mixture
52 containing cocaine, but less than 150 kilograms of cocaine or
53 any such mixture, commits a felony of the first degree, which
54 felony shall be known as “trafficking in cocaine,” punishable as
55 provided in s. 775.082, s. 775.083, or s. 775.084. If the
56 quantity involved:
57 a. Is 28 grams or more, but less than 200 grams, such
58 person shall be sentenced to a mandatory minimum term of
59 imprisonment of 3 years, and the defendant shall be ordered to
60 pay a fine of $50,000.
61 b. Is 200 grams or more, but less than 400 grams, such
62 person shall be sentenced to a mandatory minimum term of
63 imprisonment of 7 years, and the defendant shall be ordered to
64 pay a fine of $100,000.
65 c. Is 400 grams or more, but less than 150 kilograms, such
66 person shall be sentenced to a mandatory minimum term of
67 imprisonment of 15 calendar years, and the defendant shall be
68 ordered to pay a fine of $250,000.
69 2. Any person who knowingly sells, purchases, manufactures,
70 delivers, or brings into this state, or who is knowingly is in
71 actual or constructive possession with intent to sell, purchase,
72 manufacture, or deliver of, 150 kilograms or more of cocaine, as
73 described in s. 893.03(2)(a)4., commits the first degree felony
74 of trafficking in cocaine. A person who has been convicted of
75 the first-degree first degree felony of trafficking in cocaine
76 under this subparagraph shall be punished by life imprisonment
77 and is ineligible for any form of discretionary early release
78 except pardon or executive clemency or conditional medical
79 release under s. 947.149. However, if the court determines that,
80 in addition to committing any act specified in this paragraph:
81 a. The person intentionally killed an individual or
82 counseled, commanded, induced, procured, or caused the
83 intentional killing of an individual and such killing was the
84 result; or
85 b. The person’s conduct in committing that act led to a
86 natural, though not inevitable, lethal result,
87
88 such person commits the capital felony of trafficking in
89 cocaine, punishable as provided in ss. 775.082 and 921.142. Any
90 person sentenced for a capital felony under this paragraph shall
91 also be ordered sentenced to pay the maximum fine provided under
92 subparagraph 1.
93 3. Any person who knowingly brings into this state 300
94 kilograms or more of cocaine, as described in s. 893.03(2)(a)4.,
95 and who knows that the probable result of such importation would
96 be the death of any person, commits capital importation of
97 cocaine, a capital felony punishable as provided in ss. 775.082
98 and 921.142. Any person sentenced for a capital felony under
99 this paragraph shall also be ordered sentenced to pay the
100 maximum fine provided under subparagraph 1.
101 (c)1. Any person who knowingly sells, purchases,
102 manufactures, delivers, or brings into this state, or who is
103 knowingly is in actual or constructive possession with intent to
104 sell, purchase, manufacture, or deliver of, 28 4 grams or more
105 of any morphine, opium, oxycodone, hydrocodone, hydromorphone,
106 or any salt, derivative, isomer, or salt of an isomer thereof,
107 including heroin, as described in s. 893.03(1)(b), (2)(a),
108 (3)(c)3., or (3)(c)4., or 28 4 grams or more of any mixture
109 containing any such substance, but less than 30 kilograms of
110 such substance or mixture, commits a felony of the first degree,
111 which felony shall be known as “trafficking in illegal drugs,”
112 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
113 If the quantity involved:
114 a. Is 28 4 grams or more, but less than 50 14 grams, such
115 person shall be sentenced to a mandatory minimum term of
116 imprisonment of 3 years, and the defendant shall be ordered to
117 pay a fine of $50,000.
118 b. Is 50 14 grams or more, but less than 200 28 grams, such
119 person shall be sentenced to a mandatory minimum term of
120 imprisonment of 7 15 years, and the defendant shall be ordered
121 to pay a fine of $100,000.
122 c. Is 200 28 grams or more, but less than 30 kilograms,
123 such person shall be sentenced to a mandatory minimum term of
124 imprisonment of 15 25 calendar years, and the defendant shall be
125 ordered to pay a fine of $500,000.
126 2. Any person who knowingly sells, purchases, manufactures,
127 delivers, or brings into this state, or who is knowingly is in
128 actual or constructive possession with intent to sell, purchase,
129 manufacture, or deliver of, 30 kilograms or more of any
130 morphine, opium, oxycodone, hydrocodone, hydromorphone, or any
131 salt, derivative, isomer, or salt of an isomer thereof,
132 including heroin, as described in s. 893.03(1)(b), (2)(a),
133 (3)(c)3., or (3)(c)4., or 30 kilograms or more of any mixture
134 containing any such substance, commits the first-degree first
135 degree felony of trafficking in illegal drugs. A person who has
136 been convicted of the first-degree first degree felony of
137 trafficking in illegal drugs under this subparagraph shall be
138 punished by life imprisonment and is ineligible for any form of
139 discretionary early release except pardon or executive clemency
140 or conditional medical release under s. 947.149. However, if the
141 court determines that, in addition to committing any act
142 specified in this paragraph:
143 a. The person intentionally killed an individual or
144 counseled, commanded, induced, procured, or caused the
145 intentional killing of an individual and such killing was the
146 result; or
147 b. The person’s conduct in committing that act led to a
148 natural, though not inevitable, lethal result,
149
150 such person commits the capital felony of trafficking in illegal
151 drugs, punishable as provided in ss. 775.082 and 921.142. Any
152 person sentenced for a capital felony under this paragraph shall
153 also be ordered sentenced to pay the maximum fine provided under
154 subparagraph 1.
155 3. Any person who knowingly brings into this state 60
156 kilograms or more of any morphine, opium, oxycodone,
157 hydrocodone, hydromorphone, or any salt, derivative, isomer, or
158 salt of an isomer thereof, including heroin, as described in s.
159 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 60 kilograms or
160 more of any mixture containing any such substance, and who knows
161 that the probable result of such importation would be the death
162 of any person, commits capital importation of illegal drugs, 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 ordered sentenced to pay the maximum
166 fine provided under subparagraph 1.
167 (d)1. Any person who knowingly sells, purchases,
168 manufactures, delivers, or brings into this state, or who is
169 knowingly is in actual or constructive possession with intent to
170 sell, purchase, manufacture, or deliver of, 28 grams or more of
171 phencyclidine or of any mixture containing phencyclidine, as
172 described in s. 893.03(2)(b), commits a felony of the first
173 degree, which felony shall be known as “trafficking in
174 phencyclidine,” punishable as provided in s. 775.082, s.
175 775.083, or s. 775.084. If the quantity involved:
176 a. Is 28 grams or more, but less than 200 grams, such
177 person shall be sentenced to a mandatory minimum term of
178 imprisonment of 3 years, and the defendant shall be ordered to
179 pay a fine of $50,000.
180 b. Is 200 grams or more, but less than 400 grams, such
181 person shall be sentenced to a mandatory minimum term of
182 imprisonment of 7 years, and the defendant shall be ordered to
183 pay a fine of $100,000.
184 c. Is 400 grams or more, such person shall be sentenced to
185 a mandatory minimum term of imprisonment of 15 calendar years,
186 and the defendant shall be ordered to pay a fine of $250,000.
187 2. Any person who knowingly brings into this state 800
188 grams or more of phencyclidine or of any mixture containing
189 phencyclidine, as described in s. 893.03(2)(b), and who knows
190 that the probable result of such importation would be the death
191 of any person commits capital importation of phencyclidine, a
192 capital felony punishable as provided in ss. 775.082 and
193 921.142. Any person sentenced for a capital felony under this
194 paragraph shall also be ordered sentenced to pay the maximum
195 fine provided under subparagraph 1.
196 (e)1. Any person who knowingly sells, purchases,
197 manufactures, delivers, or brings into this state, or who is
198 knowingly is in actual or constructive possession with intent to
199 sell, purchase, manufacture, or deliver of, 200 grams or more of
200 methaqualone or of any mixture containing methaqualone, as
201 described in s. 893.03(1)(d), commits a felony of the first
202 degree, which felony shall be known as “trafficking in
203 methaqualone,” punishable as provided in s. 775.082, s. 775.083,
204 or s. 775.084. If the quantity involved:
205 a. Is 200 grams or more, but less than 5 kilograms, such
206 person shall be sentenced to a mandatory minimum term of
207 imprisonment of 3 years, and the defendant shall be ordered to
208 pay a fine of $50,000.
209 b. Is 5 kilograms or more, but less than 25 kilograms, such
210 person shall be sentenced to a mandatory minimum term of
211 imprisonment of 7 years, and the defendant shall be ordered to
212 pay a fine of $100,000.
213 c. Is 25 kilograms or more, such person shall be sentenced
214 to a mandatory minimum term of imprisonment of 15 calendar
215 years, and the defendant shall be ordered to pay a fine of
216 $250,000.
217 2. Any person who knowingly brings into this state 50
218 kilograms or more of methaqualone or of any mixture containing
219 methaqualone, as described in s. 893.03(1)(d), and who knows
220 that the probable result of such importation would be the death
221 of any person commits capital importation of methaqualone, a
222 capital felony punishable as provided in ss. 775.082 and
223 921.142. Any person sentenced for a capital felony under this
224 paragraph shall also be ordered sentenced to pay the maximum
225 fine provided under subparagraph 1.
226 (f)1. Any person who knowingly sells, purchases,
227 manufactures, delivers, or brings into this state, or who is
228 knowingly is in actual or constructive possession with intent to
229 sell, purchase, manufacture, or deliver of, 14 grams or more of
230 amphetamine, as described in s. 893.03(2)(c)2., or
231 methamphetamine, as described in s. 893.03(2)(c)4., or of any
232 mixture containing amphetamine or methamphetamine, or
233 phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine
234 in conjunction with other chemicals and equipment utilized in
235 the manufacture of amphetamine or methamphetamine, commits a
236 felony of the first degree, which felony shall be known as
237 “trafficking in amphetamine,” punishable as provided in s.
238 775.082, s. 775.083, or s. 775.084. If the quantity involved:
239 a. Is 14 grams or more, but less than 28 grams, such person
240 shall be sentenced to a mandatory minimum term of imprisonment
241 of 3 years, and the defendant shall be ordered to pay a fine of
242 $50,000.
243 b. Is 28 grams or more, but less than 200 grams, such
244 person shall be sentenced to a mandatory minimum term of
245 imprisonment of 7 years, and the defendant shall be ordered to
246 pay a fine of $100,000.
247 c. Is 200 grams or more, such person shall be sentenced to
248 a mandatory minimum term of imprisonment of 15 calendar years,
249 and the defendant shall be ordered to pay a fine of $250,000.
250 2. Any person who knowingly manufactures or brings into
251 this state 400 grams or more of amphetamine, as described in s.
252 893.03(2)(c)2., or methamphetamine, as described in s.
253 893.03(2)(c)4., or of any mixture containing amphetamine or
254 methamphetamine, or phenylacetone, phenylacetic acid,
255 pseudoephedrine, or ephedrine in conjunction with other
256 chemicals and equipment used in the manufacture of amphetamine
257 or methamphetamine, and who knows that the probable result of
258 such manufacture or importation would be the death of any person
259 commits capital manufacture or importation of amphetamine, a
260 capital felony punishable as provided in ss. 775.082 and
261 921.142. Any person sentenced for a capital felony under this
262 paragraph shall also be ordered sentenced to pay the maximum
263 fine provided under subparagraph 1.
264 (g)1. Any person who knowingly sells, purchases,
265 manufactures, delivers, or brings into this state, or who is
266 knowingly is in actual or constructive possession with intent to
267 sell, purchase, manufacture, or deliver of, 4 grams or more of
268 flunitrazepam or any mixture containing flunitrazepam as
269 described in s. 893.03(1)(a) commits a felony of the first
270 degree, which felony shall be known as “trafficking in
271 flunitrazepam,” punishable as provided in s. 775.082, s.
272 775.083, or s. 775.084. If the quantity involved:
273 a. Is 4 grams or more but less than 14 grams, such person
274 shall be sentenced to a mandatory minimum term of imprisonment
275 of 3 years, and the defendant shall be ordered to pay a fine of
276 $50,000.
277 b. Is 14 grams or more but less than 28 grams, such person
278 shall be sentenced to a mandatory minimum term of imprisonment
279 of 7 years, and the defendant shall be ordered to pay a fine of
280 $100,000.
281 c. Is 28 grams or more but less than 30 kilograms, such
282 person shall be sentenced to a mandatory minimum term of
283 imprisonment of 25 calendar years, and the defendant shall be
284 ordered to pay a fine of $500,000.
285 2. Any person who knowingly sells, purchases, manufactures,
286 delivers, or brings into this state or who is knowingly is in
287 actual or constructive possession with intent to sell, purchase,
288 manufacture, or deliver of 30 kilograms or more of flunitrazepam
289 or any mixture containing flunitrazepam as described in s.
290 893.03(1)(a) commits the first-degree first degree felony of
291 trafficking in flunitrazepam. A person who has been convicted of
292 the first-degree first degree felony of trafficking in
293 flunitrazepam under this subparagraph shall be punished by life
294 imprisonment and is ineligible for any form of discretionary
295 early release except pardon or executive clemency or conditional
296 medical release under s. 947.149. However, if the court
297 determines that, in addition to committing any act specified in
298 this paragraph:
299 a. The person intentionally killed an individual or
300 counseled, commanded, induced, procured, or caused the
301 intentional killing of an individual and such killing was the
302 result; or
303 b. The person’s conduct in committing that act led to a
304 natural, though not inevitable, lethal result,
305
306 such person commits the capital felony of trafficking in
307 flunitrazepam, punishable as provided in ss. 775.082 and
308 921.142. Any person sentenced for a capital felony under this
309 paragraph shall also be ordered sentenced to pay the maximum
310 fine provided under subparagraph 1.
311 (h)1. Any person who knowingly sells, purchases,
312 manufactures, delivers, or brings into this state, or who is
313 knowingly is in actual or constructive possession with intent to
314 sell, purchase, manufacture, or deliver of, 1 kilogram or more
315 of gamma-hydroxybutyric acid (GHB), as described in s.
316 893.03(1)(d), or any mixture containing gamma-hydroxybutyric
317 acid (GHB), commits a felony of the first degree, which felony
318 shall be known as “trafficking in gamma-hydroxybutyric acid
319 (GHB),” punishable as provided in s. 775.082, s. 775.083, or s.
320 775.084. If the quantity involved:
321 a. Is 1 kilogram or more but less than 5 kilograms, such
322 person shall be sentenced to a mandatory minimum term of
323 imprisonment of 3 years, and the defendant shall be ordered to
324 pay a fine of $50,000.
325 b. Is 5 kilograms or more but less than 10 kilograms, such
326 person shall be sentenced to a mandatory minimum term of
327 imprisonment of 7 years, and the defendant shall be ordered to
328 pay a fine of $100,000.
329 c. Is 10 kilograms or more, such person shall be sentenced
330 to a mandatory minimum term of imprisonment of 15 calendar
331 years, and the defendant shall be ordered to pay a fine of
332 $250,000.
333 2. Any person who knowingly manufactures or brings into
334 this state 150 kilograms or more of gamma-hydroxybutyric acid
335 (GHB), as described in s. 893.03(1)(d), or any mixture
336 containing gamma-hydroxybutyric acid (GHB), and who knows that
337 the probable result of such manufacture or importation would be
338 the death of any person commits capital manufacture or
339 importation of gamma-hydroxybutyric acid (GHB), a capital felony
340 punishable as provided in ss. 775.082 and 921.142. Any person
341 sentenced for a capital felony under this paragraph shall also
342 be ordered sentenced to pay the maximum fine provided under
343 subparagraph 1.
344 (i)1. Any person who knowingly sells, purchases,
345 manufactures, delivers, or brings into this state, or who is
346 knowingly is in actual or constructive possession with intent to
347 sell, purchase, manufacture, or deliver of, 1 kilogram or more
348 of gamma-butyrolactone (GBL), as described in s. 893.03(1)(d),
349 or any mixture containing gamma-butyrolactone (GBL), commits a
350 felony of the first degree, which felony shall be known as
351 “trafficking in gamma-butyrolactone (GBL),” punishable as
352 provided in s. 775.082, s. 775.083, or s. 775.084. If the
353 quantity involved:
354 a. Is 1 kilogram or more but less than 5 kilograms, such
355 person shall be sentenced to a mandatory minimum term of
356 imprisonment of 3 years, and the defendant shall be ordered to
357 pay a fine of $50,000.
358 b. Is 5 kilograms or more but less than 10 kilograms, such
359 person shall be sentenced to a mandatory minimum term of
360 imprisonment of 7 years, and the defendant shall be ordered to
361 pay a fine of $100,000.
362 c. Is 10 kilograms or more, such person shall be sentenced
363 to a mandatory minimum term of imprisonment of 15 calendar
364 years, and the defendant shall be ordered to pay a fine of
365 $250,000.
366 2. Any person who knowingly manufactures or brings into the
367 state 150 kilograms or more of gamma-butyrolactone (GBL), as
368 described in s. 893.03(1)(d), or any mixture containing gamma
369 butyrolactone (GBL), and who knows that the probable result of
370 such manufacture or importation would be the death of any person
371 commits capital manufacture or importation of gamma
372 butyrolactone (GBL), a capital felony punishable as provided in
373 ss. 775.082 and 921.142. Any person sentenced for a capital
374 felony under this paragraph shall also be ordered sentenced to
375 pay the maximum fine provided under subparagraph 1.
376 (j)1. Any person who knowingly sells, purchases,
377 manufactures, delivers, or brings into this state, or who is
378 knowingly is in actual or constructive possession with intent to
379 sell, purchase, manufacture, or deliver of, 1 kilogram or more
380 of 1,4-Butanediol as described in s. 893.03(1)(d), or of any
381 mixture containing 1,4-Butanediol, commits a felony of the first
382 degree, which felony shall be known as “trafficking in 1,4
383 Butanediol,” punishable as provided in s. 775.082, s. 775.083,
384 or s. 775.084. If the quantity involved:
385 a. Is 1 kilogram or more, but less than 5 kilograms, such
386 person shall be sentenced to a mandatory minimum term of
387 imprisonment of 3 years, and the defendant shall be ordered to
388 pay a fine of $50,000.
389 b. Is 5 kilograms or more, but less than 10 kilograms, such
390 person shall be sentenced to a mandatory minimum term of
391 imprisonment of 7 years, and the defendant shall be ordered to
392 pay a fine of $100,000.
393 c. Is 10 kilograms or more, such person shall be sentenced
394 to a mandatory minimum term of imprisonment of 15 calendar
395 years, and the defendant shall be ordered to pay a fine of
396 $500,000.
397 2. Any person who knowingly manufactures or brings into
398 this state 150 kilograms or more of 1,4-Butanediol as described
399 in s. 893.03(1)(d), or any mixture containing 1,4-Butanediol,
400 and who knows that the probable result of such manufacture or
401 importation would be the death of any person commits capital
402 manufacture or importation of 1,4-Butanediol, a capital felony
403 punishable as provided in ss. 775.082 and 921.142. Any person
404 sentenced for a capital felony under this paragraph shall also
405 be ordered sentenced to pay the maximum fine provided under
406 subparagraph 1.
407 (k)1. Any person who knowingly sells, purchases,
408 manufactures, delivers, or brings into this state, or who is
409 knowingly is in actual or constructive possession with intent to
410 sell, purchase, manufacture, or deliver of, 10 grams or more of
411 any of the following substances described in s. 893.03(1)(a) or
412 (c):
413 a. 3,4-Methylenedioxymethamphetamine (MDMA);
414 b. 4-Bromo-2,5-dimethoxyamphetamine;
415 c. 4-Bromo-2,5-dimethoxyphenethylamine;
416 d. 2,5-Dimethoxyamphetamine;
417 e. 2,5-Dimethoxy-4-ethylamphetamine (DOET);
418 f. N-ethylamphetamine;
419 g. N-Hydroxy-3,4-methylenedioxyamphetamine;
420 h. 5-Methoxy-3,4-methylenedioxyamphetamine;
421 i. 4-methoxyamphetamine;
422 j. 4-methoxymethamphetamine;
423 k. 4-Methyl-2,5-dimethoxyamphetamine;
424 l. 3,4-Methylenedioxy-N-ethylamphetamine;
425 m. 3,4-Methylenedioxyamphetamine;
426 n. N,N-dimethylamphetamine; or
427 o. 3,4,5-Trimethoxyamphetamine,
428
429 individually or in any combination of or any mixture containing
430 any substance listed in sub-subparagraphs a.-o., commits a
431 felony of the first degree, which felony shall be known as
432 “trafficking in Phenethylamines,” punishable as provided in s.
433 775.082, s. 775.083, or s. 775.084.
434 2. If the quantity involved:
435 a. Is 10 grams or more but less than 200 grams, such person
436 shall be sentenced to a mandatory minimum term of imprisonment
437 of 3 years, and the defendant shall be ordered to pay a fine of
438 $50,000.
439 b. Is 200 grams or more, but less than 400 grams, such
440 person shall be sentenced to a mandatory minimum term of
441 imprisonment of 7 years, and the defendant shall be ordered to
442 pay a fine of $100,000.
443 c. Is 400 grams or more, such person shall be sentenced to
444 a mandatory minimum term of imprisonment of 15 calendar years,
445 and the defendant shall be ordered to pay a fine of $250,000.
446 3. Any person who knowingly manufactures or brings into
447 this state 30 kilograms or more of any of the following
448 substances described in s. 893.03(1)(a) or (c):
449 a. 3,4-Methylenedioxymethamphetamine (MDMA);
450 b. 4-Bromo-2,5-dimethoxyamphetamine;
451 c. 4-Bromo-2,5-dimethoxyphenethylamine;
452 d. 2,5-Dimethoxyamphetamine;
453 e. 2,5-Dimethoxy-4-ethylamphetamine (DOET);
454 f. N-ethylamphetamine;
455 g. N-Hydroxy-3,4-methylenedioxyamphetamine;
456 h. 5-Methoxy-3,4-methylenedioxyamphetamine;
457 i. 4-methoxyamphetamine;
458 j. 4-methoxymethamphetamine;
459 k. 4-Methyl-2,5-dimethoxyamphetamine;
460 l. 3,4-Methylenedioxy-N-ethylamphetamine;
461 m. 3,4-Methylenedioxyamphetamine;
462 n. N,N-dimethylamphetamine; or
463 o. 3,4,5-Trimethoxyamphetamine,
464
465 individually or in any combination of or any mixture containing
466 any substance listed in sub-subparagraphs a.-o., and who knows
467 that the probable result of such manufacture or importation
468 would be the death of any person commits capital manufacture or
469 importation of Phenethylamines, a capital felony punishable as
470 provided in ss. 775.082 and 921.142. Any person sentenced for a
471 capital felony under this paragraph shall also be ordered
472 sentenced to pay the maximum fine provided under subparagraph 1.
473 (l)1. Any person who knowingly sells, purchases,
474 manufactures, delivers, or brings into this state, or who is
475 knowingly is in actual or constructive possession with intent to
476 sell, purchase, manufacture, or deliver of, 1 gram or more of
477 lysergic acid diethylamide (LSD) as described in s.
478 893.03(1)(c), or of any mixture containing lysergic acid
479 diethylamide (LSD), commits a felony of the first degree, which
480 felony shall be known as “trafficking in lysergic acid
481 diethylamide (LSD),” punishable as provided in s. 775.082, s.
482 775.083, or s. 775.084. If the quantity involved:
483 a. Is 1 gram or more, but less than 5 grams, such person
484 shall be sentenced to a mandatory minimum term of imprisonment
485 of 3 years, and the defendant shall be ordered to pay a fine of
486 $50,000.
487 b. Is 5 grams or more, but less than 7 grams, such person
488 shall be sentenced to a mandatory minimum term of imprisonment
489 of 7 years, and the defendant shall be ordered to pay a fine of
490 $100,000.
491 c. Is 7 grams or more, such person shall be sentenced to a
492 mandatory minimum term of imprisonment of 15 calendar years, and
493 the defendant shall be ordered to pay a fine of $500,000.
494 2. Any person who knowingly manufactures or brings into
495 this state 7 grams or more of lysergic acid diethylamide (LSD)
496 as described in s. 893.03(1)(c), or any mixture containing
497 lysergic acid diethylamide (LSD), and who knows that the
498 probable result of such manufacture or importation would be the
499 death of any person commits capital manufacture or importation
500 of lysergic acid diethylamide (LSD), a capital felony punishable
501 as provided in ss. 775.082 and 921.142. Any person sentenced for
502 a capital felony under this paragraph shall also be ordered
503 sentenced to pay the maximum fine provided under subparagraph 1.
504 (2) A person acts knowingly under subsection (1) if that
505 person intends to sell, purchase, manufacture, deliver, or bring
506 into this state, or to actually or constructively possess, any
507 of the controlled substances listed in subsection (1),
508 regardless of which controlled substance listed in subsection
509 (1) is in fact sold, purchased, manufactured, delivered, or
510 brought into this state, or actually or constructively
511 possessed.
512 (3) Notwithstanding the provisions of s. 948.01, with
513 respect to any person who is found to have violated this
514 section, adjudication of guilt or imposition of sentence may
515 shall not be suspended, deferred, or withheld, and nor shall
516 such person is not be eligible for parole before prior to
517 serving the mandatory minimum term of imprisonment prescribed by
518 this section. A person sentenced to a mandatory minimum term of
519 imprisonment under this section is not eligible for any form of
520 discretionary early release, except pardon or executive clemency
521 or conditional medical release under s. 947.149, before prior to
522 serving the mandatory minimum term of imprisonment.
523 (4) The state attorney may move the sentencing court to
524 reduce or suspend the sentence of any person who is convicted of
525 a violation of this section and who provides substantial
526 assistance in the identification, arrest, or conviction of any
527 of that person’s accomplices, accessories, coconspirators, or
528 principals or of any other person engaged in trafficking in
529 controlled substances. The arresting agency shall be given an
530 opportunity to be heard in aggravation or mitigation in
531 reference to any such motion. Upon good cause shown, the motion
532 may be filed and heard in camera. The judge hearing the motion
533 may reduce or suspend, defer, or withhold the sentence or
534 adjudication of guilt if the judge finds that the defendant
535 rendered such substantial assistance.
536 (5) Any person who agrees, conspires, combines, or
537 confederates with another person to commit any act prohibited by
538 subsection (1) commits a felony of the first degree and is
539 punishable as if he or she had actually committed such
540 prohibited act. Nothing in This subsection does not shall be
541 construed to prohibit separate convictions and sentences for a
542 violation of this subsection and any violation of subsection
543 (1).
544 (6)(a) A mixture, as defined in s. 893.02, containing any
545 controlled substance described in this section includes, but is
546 not limited to, a solution or a dosage unit, including, but not
547 limited to, a pill or tablet, containing a controlled substance.
548 (b) Except as provided in paragraph (c) For the purpose of
549 clarifying legislative intent regarding the weighing of a
550 mixture containing a controlled substance described in this
551 section, the weight of the controlled substance is the total
552 weight of the mixture, including the controlled substance and
553 any other substance in the mixture. If there is more than one
554 mixture containing the same controlled substance, the weight of
555 the controlled substance is calculated by aggregating the total
556 weight of each mixture.
557 (c) If the mixture is a prescription drug as defined in s.
558 499.003 and the weight of the controlled substance in the
559 mixture can be identified using the National Drug Code
560 Directory, as published by the United States Department of
561 Health and Human Services, the weight of the controlled
562 substance is the weight of the controlled substance identified
563 in the National Drug Code Directory, exclusive of other tablet
564 components. If there is more than one mixture that is a
565 prescription drug and all of the mixtures contain the same
566 controlled substance, and the weight of the controlled substance
567 in each mixture can be identified using the National Drug Code
568 Directory, the weight of the controlled substance is calculated
569 by aggregating the weight of the controlled substance in each
570 mixture.
571 (7) For the purpose of further clarifying legislative
572 intent, the Legislature finds that the opinion in Hayes v.
573 State, 750 So. 2d 1 (Fla. 1999) does not correctly construe
574 legislative intent. The Legislature finds that the opinions in
575 State v. Hayes, 720 So. 2d 1095 (Fla. 4th DCA 1998) and State v.
576 Baxley, 684 So. 2d 831 (Fla. 5th DCA 1996) correctly construe
577 legislative intent.