Florida Senate - 2012                                     SB 732
       
       
       
       By Senator Bogdanoff
       
       
       
       
       25-00224C-12                                           2012732__
    1                        A bill to be entitled                      
    2         An act relating to sentences of inmates; amending s.
    3         893.135, F.S.; revising the quantity of a controlled
    4         substance which a person must knowingly sell,
    5         purchase, manufacture, deliver, or bring into this
    6         state with the intent to distribute in order to be
    7         subject to the automatic imposition of a mandatory
    8         minimum term of imprisonment; providing the method for
    9         determining the weight of a controlled substance in a
   10         mixture that is a prescription drug; revising
   11         legislative intent; amending s. 921.0022, F.S.;
   12         revising provisions to conform to changes made by the
   13         act; reenacting ss. 775.087(2)(a) and 782.04(1)(a),
   14         (3), and (4), F.S., relating to the possession or use
   15         of a weapon and murder, respectively, to incorporate
   16         the amendments made to s. 893.135, F.S., in references
   17         thereto; repealing s. 893.101, F.S., relating to
   18         legislative findings and intent relative to knowledge
   19         of a person to the possession of a controlled
   20         substance; providing an effective date.
   21  
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Section 893.135, Florida Statutes, is amended to
   25  read:
   26         893.135 Trafficking; mandatory sentences; suspension or
   27  reduction of sentences; conspiracy to engage in trafficking.—
   28         (1) Except as authorized in this chapter or in chapter 499
   29  and notwithstanding the provisions of s. 893.13:
   30         (a) A Any person who knowingly sells, purchases,
   31  manufactures, delivers, or brings into this state, or who is
   32  knowingly is in actual or constructive possession with intent to
   33  distribute of, in excess of 25 pounds of cannabis, or 300 or
   34  more cannabis plants, commits a felony of the first degree,
   35  which felony shall be known as “trafficking in cannabis,”
   36  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   37  If the quantity of cannabis involved:
   38         1. Is in excess of 25 pounds, but less than 2,000 pounds,
   39  or is 300 or more cannabis plants, but not more than 2,000
   40  cannabis plants, such person shall be sentenced to a mandatory
   41  minimum term of imprisonment of 3 years, and the defendant shall
   42  be ordered to pay a fine of $25,000.
   43         2. Is 2,000 pounds or more, but less than 10,000 pounds, or
   44  is 2,000 or more cannabis plants, but not more than 10,000
   45  cannabis plants, such person shall be sentenced to a mandatory
   46  minimum term of imprisonment of 7 years, and the defendant shall
   47  be ordered to pay a fine of $50,000.
   48         3. Is 10,000 pounds or more, or is 10,000 or more cannabis
   49  plants, such person shall be sentenced to a mandatory minimum
   50  term of imprisonment of 15 calendar years, and the defendant
   51  shall be ordered to pay a fine of $200,000.
   52  
   53  For the purpose of this paragraph, a plant, including, but not
   54  limited to, a seedling or cutting, is a “cannabis plant” if it
   55  has some readily observable evidence of root formation, such as
   56  root hairs. To determine if a piece or part of a cannabis plant
   57  severed from the cannabis plant is itself a cannabis plant, the
   58  severed piece or part must have some readily observable evidence
   59  of root formation, such as root hairs. Callous tissue is not
   60  readily observable evidence of root formation. The viability and
   61  sex of a plant and the fact that the plant may or may not be a
   62  dead harvested plant are not relevant in determining if the
   63  plant is a “cannabis plant” or in the charging of an offense
   64  under this paragraph. Upon conviction, the court shall impose
   65  the longest term of imprisonment provided for in this paragraph.
   66         (b)1. Any person who knowingly sells, purchases,
   67  manufactures, delivers, or brings into this state, or who is
   68  knowingly is in actual or constructive possession with intent to
   69  distribute of, 50 28 grams or more of cocaine, as described in
   70  s. 893.03(2)(a)4., or of any mixture containing cocaine, but
   71  less than 150 kilograms of cocaine or any such mixture, commits
   72  a felony of the first degree, which felony shall be known as
   73  “trafficking in cocaine,” punishable as provided in s. 775.082,
   74  s. 775.083, or s. 775.084. If the quantity involved:
   75         a. Is 50 28 grams or more, but less than 400 200 grams,
   76  such person shall be sentenced to a mandatory minimum term of
   77  imprisonment of 3 years, and the defendant shall be ordered to
   78  pay a fine of $50,000.
   79         b. Is 400 200 grams or more, but less than 4 kilograms 400
   80  grams, such person shall be sentenced to a mandatory minimum
   81  term of imprisonment of 7 years, and the defendant shall be
   82  ordered to pay a fine of $100,000.
   83         c. Is 4 kilograms 400 grams or more, but less than 150
   84  kilograms, such person shall be sentenced to a mandatory minimum
   85  term of imprisonment of 15 calendar years, and the defendant
   86  shall be ordered to pay a fine of $250,000.
   87         2. Any person who knowingly sells, purchases, manufactures,
   88  delivers, or brings into this state, or who is knowingly is in
   89  actual or constructive possession with intent to distribute of,
   90  150 kilograms or more of cocaine, as described in s.
   91  893.03(2)(a)4., commits the first degree felony of trafficking
   92  in cocaine. A person who has been convicted of the first-degree
   93  first degree felony of trafficking in cocaine under this
   94  subparagraph shall be punished by life imprisonment and is
   95  ineligible for any form of discretionary early release except
   96  pardon or executive clemency or conditional medical release
   97  under s. 947.149. However, if the court determines that, in
   98  addition to committing any act specified in this paragraph:
   99         a. The person intentionally killed an individual or
  100  counseled, commanded, induced, procured, or caused the
  101  intentional killing of an individual and such killing was the
  102  result; or
  103         b. The person’s conduct in committing that act led to a
  104  natural, though not inevitable, lethal result,
  105  
  106  such person commits the capital felony of trafficking in
  107  cocaine, punishable as provided in ss. 775.082 and 921.142. Any
  108  person sentenced for a capital felony under this paragraph shall
  109  also be ordered sentenced to pay the maximum fine provided under
  110  subparagraph 1.
  111         3. Any person who knowingly brings into this state 300
  112  kilograms or more of cocaine, as described in s. 893.03(2)(a)4.,
  113  and who knows that the probable result of such importation would
  114  be the death of any person, commits capital importation of
  115  cocaine, a capital felony punishable as provided in ss. 775.082
  116  and 921.142. Any person sentenced for a capital felony under
  117  this paragraph shall also be ordered sentenced to pay the
  118  maximum fine provided under subparagraph 1.
  119         (c)1. Any person who knowingly sells, purchases,
  120  manufactures, delivers, or brings into this state, or who is
  121  knowingly is in actual or constructive possession with intent to
  122  distribute of, 4 grams or more of any morphine, opium,
  123  oxycodone, hydrocodone, hydromorphone, or any salt, derivative,
  124  isomer, or salt of an isomer thereof, including heroin, as
  125  described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or
  126  4 grams or more of any mixture containing any such substance,
  127  but less than 30 kilograms of such substance or mixture, commits
  128  a felony of the first degree, which felony shall be known as
  129  “trafficking in illegal drugs,” punishable as provided in s.
  130  775.082, s. 775.083, or s. 775.084. If the quantity involved:
  131         a. Is 4 grams or more, but less than 14 grams, such person
  132  shall be sentenced to a mandatory minimum term of imprisonment
  133  of 3 years, and the defendant shall be ordered to pay a fine of
  134  $50,000.
  135         b. Is 14 grams or more, but less than 28 grams, such person
  136  shall be sentenced to a mandatory minimum term of imprisonment
  137  of 15 years, and the defendant shall be ordered to pay a fine of
  138  $100,000.
  139         c. Is 28 grams or more, but less than 30 kilograms, such
  140  person shall be sentenced to a mandatory minimum term of
  141  imprisonment of 25 calendar years, and the defendant shall be
  142  ordered to pay a fine of $500,000.
  143         2. Any person who knowingly sells, purchases, manufactures,
  144  delivers, or brings into this state, or who is knowingly is in
  145  actual or constructive possession with intent to distribute of,
  146  30 kilograms or more of any morphine, opium, oxycodone,
  147  hydrocodone, hydromorphone, or any salt, derivative, isomer, or
  148  salt of an isomer thereof, including heroin, as described in s.
  149  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or
  150  more of any mixture containing any such substance, commits the
  151  first-degree first degree felony of trafficking in illegal
  152  drugs. A person who has been convicted of the first-degree first
  153  degree felony of trafficking in illegal drugs under this
  154  subparagraph shall be punished by life imprisonment and is
  155  ineligible for any form of discretionary early release except
  156  pardon or executive clemency or conditional medical release
  157  under s. 947.149. However, if the court determines that, in
  158  addition to committing any act specified in this paragraph:
  159         a. The person intentionally killed an individual or
  160  counseled, commanded, induced, procured, or caused the
  161  intentional killing of an individual and such killing was the
  162  result; or
  163         b. The person’s conduct in committing that act led to a
  164  natural, though not inevitable, lethal result,
  165  
  166  such person commits the capital felony of trafficking in illegal
  167  drugs, punishable as provided in ss. 775.082 and 921.142. Any
  168  person sentenced for a capital felony under this paragraph shall
  169  also be ordered sentenced to pay the maximum fine provided under
  170  subparagraph 1.
  171         3. Any person who knowingly brings into this state 60
  172  kilograms or more of any morphine, opium, oxycodone,
  173  hydrocodone, hydromorphone, or any salt, derivative, isomer, or
  174  salt of an isomer thereof, including heroin, as described in s.
  175  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 60 kilograms or
  176  more of any mixture containing any such substance, and who knows
  177  that the probable result of such importation would be the death
  178  of any person, commits capital importation of illegal drugs, a
  179  capital felony punishable as provided in ss. 775.082 and
  180  921.142. Any person sentenced for a capital felony under this
  181  paragraph shall also be ordered sentenced to pay the maximum
  182  fine provided under subparagraph 1.
  183         (d)1. Any person who knowingly sells, purchases,
  184  manufactures, delivers, or brings into this state, or who is
  185  knowingly is in actual or constructive possession with intent to
  186  distribute of, 50 28 grams or more of phencyclidine or of any
  187  mixture containing phencyclidine, as described in s.
  188  893.03(2)(b), commits a felony of the first degree, which felony
  189  shall be known as “trafficking in phencyclidine,” punishable as
  190  provided in s. 775.082, s. 775.083, or s. 775.084. If the
  191  quantity involved:
  192         a. Is 50 28 grams or more, but less than 400 200 grams,
  193  such person shall be sentenced to a mandatory minimum term of
  194  imprisonment of 3 years, and the defendant shall be ordered to
  195  pay a fine of $50,000.
  196         b. Is 400 200 grams or more, but less than 4 kilograms 400
  197  grams, such person shall be sentenced to a mandatory minimum
  198  term of imprisonment of 7 years, and the defendant shall be
  199  ordered to pay a fine of $100,000.
  200         c. Is 4 kilograms 400 grams or more, such person shall be
  201  sentenced to a mandatory minimum term of imprisonment of 15
  202  calendar years, and the defendant shall be ordered to pay a fine
  203  of $250,000.
  204         2. Any person who knowingly brings into this state 8
  205  kilograms 800 grams or more of phencyclidine or of any mixture
  206  containing phencyclidine, as described in s. 893.03(2)(b), and
  207  who knows that the probable result of such importation would be
  208  the death of any person commits capital importation of
  209  phencyclidine, a capital felony punishable as provided in ss.
  210  775.082 and 921.142. Any person sentenced for a capital felony
  211  under this paragraph shall also be ordered sentenced to pay the
  212  maximum fine provided under subparagraph 1.
  213         (e)1. Any person who knowingly sells, purchases,
  214  manufactures, delivers, or brings into this state, or who is
  215  knowingly is in actual or constructive possession with intent to
  216  distribute of, 200 grams or more of methaqualone or of any
  217  mixture containing methaqualone, as described in s.
  218  893.03(1)(d), commits a felony of the first degree, which felony
  219  shall be known as “trafficking in methaqualone,” punishable as
  220  provided in s. 775.082, s. 775.083, or s. 775.084. If the
  221  quantity involved:
  222         a. Is 200 grams or more, but less than 5 kilograms, such
  223  person shall be sentenced to a mandatory minimum term of
  224  imprisonment of 3 years, and the defendant shall be ordered to
  225  pay a fine of $50,000.
  226         b. Is 5 kilograms or more, but less than 25 kilograms, such
  227  person shall be sentenced to a mandatory minimum term of
  228  imprisonment of 7 years, and the defendant shall be ordered to
  229  pay a fine of $100,000.
  230         c. Is 25 kilograms or more, such person shall be sentenced
  231  to a mandatory minimum term of imprisonment of 15 calendar
  232  years, and the defendant shall be ordered to pay a fine of
  233  $250,000.
  234         2. Any person who knowingly brings into this state 50
  235  kilograms or more of methaqualone or of any mixture containing
  236  methaqualone, as described in s. 893.03(1)(d), and who knows
  237  that the probable result of such importation would be the death
  238  of any person commits capital importation of methaqualone, a
  239  capital felony punishable as provided in ss. 775.082 and
  240  921.142. Any person sentenced for a capital felony under this
  241  paragraph shall also be ordered sentenced to pay the maximum
  242  fine provided under subparagraph 1.
  243         (f)1. Any person who knowingly sells, purchases,
  244  manufactures, delivers, or brings into this state, or who is
  245  knowingly is in actual or constructive possession with intent to
  246  distribute of, 30 14 grams or more of amphetamine, as described
  247  in s. 893.03(2)(c)2., or methamphetamine, as described in s.
  248  893.03(2)(c)4., or of any mixture containing amphetamine or
  249  methamphetamine, or phenylacetone, phenylacetic acid,
  250  pseudoephedrine, or ephedrine in conjunction with other
  251  chemicals and equipment utilized in the manufacture of
  252  amphetamine or methamphetamine, commits a felony of the first
  253  degree, which felony shall be known as “trafficking in
  254  amphetamine,” punishable as provided in s. 775.082, s. 775.083,
  255  or s. 775.084. If the quantity involved:
  256         a. Is 30 14 grams or more, but less than 200 28 grams, such
  257  person shall be sentenced to a mandatory minimum term of
  258  imprisonment of 3 years, and the defendant shall be ordered to
  259  pay a fine of $50,000.
  260         b. Is 200 28 grams or more, but less than 400 200 grams,
  261  such person shall be sentenced to a mandatory minimum term of
  262  imprisonment of 7 years, and the defendant shall be ordered to
  263  pay a fine of $100,000.
  264         c. Is 400 200 grams or more, such person shall be sentenced
  265  to a mandatory minimum term of imprisonment of 15 calendar
  266  years, and the defendant shall be ordered to pay a fine of
  267  $250,000.
  268         2. Any person who knowingly manufactures or brings into
  269  this state 1.5 kilograms 400 grams or more of amphetamine, as
  270  described in s. 893.03(2)(c)2., or methamphetamine, as described
  271  in s. 893.03(2)(c)4., or of any mixture containing amphetamine
  272  or methamphetamine, or phenylacetone, phenylacetic acid,
  273  pseudoephedrine, or ephedrine in conjunction with other
  274  chemicals and equipment used in the manufacture of amphetamine
  275  or methamphetamine, and who knows that the probable result of
  276  such manufacture or importation would be the death of any person
  277  commits capital manufacture or importation of amphetamine, a
  278  capital felony punishable as provided in ss. 775.082 and
  279  921.142. Any person sentenced for a capital felony under this
  280  paragraph shall also be ordered sentenced to pay the maximum
  281  fine provided under subparagraph 1.
  282         (g)1. Any person who knowingly sells, purchases,
  283  manufactures, delivers, or brings into this state, or who is
  284  knowingly is in actual or constructive possession with intent to
  285  distribute of, 4 grams or more of flunitrazepam or any mixture
  286  containing flunitrazepam as described in s. 893.03(1)(a) commits
  287  a felony of the first degree, which felony shall be known as
  288  “trafficking in flunitrazepam,” punishable as provided in s.
  289  775.082, s. 775.083, or s. 775.084. If the quantity involved:
  290         a. Is 4 grams or more but less than 14 grams, such person
  291  shall be sentenced to a mandatory minimum term of imprisonment
  292  of 3 years, and the defendant shall be ordered to pay a fine of
  293  $50,000.
  294         b. Is 14 grams or more but less than 28 grams, such person
  295  shall be sentenced to a mandatory minimum term of imprisonment
  296  of 7 years, and the defendant shall be ordered to pay a fine of
  297  $100,000.
  298         c. Is 28 grams or more but less than 30 kilograms, such
  299  person shall be sentenced to a mandatory minimum term of
  300  imprisonment of 25 calendar years, and the defendant shall be
  301  ordered to pay a fine of $500,000.
  302         2. Any person who knowingly sells, purchases, manufactures,
  303  delivers, or brings into this state, or who is knowingly is in
  304  actual or constructive possession with intent to distribute of
  305  30 kilograms or more of flunitrazepam or any mixture containing
  306  flunitrazepam as described in s. 893.03(1)(a) commits the first
  307  degree first degree felony of trafficking in flunitrazepam. A
  308  person who has been convicted of the first-degree first degree
  309  felony of trafficking in flunitrazepam under this subparagraph
  310  shall be punished by life imprisonment and is ineligible for any
  311  form of discretionary early release except pardon or executive
  312  clemency or conditional medical release under s. 947.149.
  313  However, if the court determines that, in addition to committing
  314  any act specified in this paragraph:
  315         a. The person intentionally killed an individual or
  316  counseled, commanded, induced, procured, or caused the
  317  intentional killing of an individual and such killing was the
  318  result; or
  319         b. The person’s conduct in committing that act led to a
  320  natural, though not inevitable, lethal result,
  321  
  322  such person commits the capital felony of trafficking in
  323  flunitrazepam, punishable as provided in ss. 775.082 and
  324  921.142. Any person sentenced for a capital felony under this
  325  paragraph shall also be ordered sentenced to pay the maximum
  326  fine provided under subparagraph 1.
  327         (h)1. Any person who knowingly sells, purchases,
  328  manufactures, delivers, or brings into this state, or who is
  329  knowingly is in actual or constructive possession with intent to
  330  distribute of, 5 kilograms 1 kilogram or more of gamma
  331  hydroxybutyric acid (GHB), as described in s. 893.03(1)(d), or
  332  any mixture containing gamma-hydroxybutyric acid (GHB), commits
  333  a felony of the first degree, which felony shall be known as
  334  “trafficking in gamma-hydroxybutyric acid (GHB),” punishable as
  335  provided in s. 775.082, s. 775.083, or s. 775.084. If the
  336  quantity involved:
  337         a. Is 5 kilograms 1 kilogram or more but less than 15 5
  338  kilograms, such person shall be sentenced to a mandatory minimum
  339  term of imprisonment of 3 years, and the defendant shall be
  340  ordered to pay a fine of $50,000.
  341         b. Is 15 5 kilograms or more but less than 30 10 kilograms,
  342  such person shall be sentenced to a mandatory minimum term of
  343  imprisonment of 7 years, and the defendant shall be ordered to
  344  pay a fine of $100,000.
  345         c. Is 30 10 kilograms or more, such person shall be
  346  sentenced to a mandatory minimum term of imprisonment of 15
  347  calendar years, and the defendant shall be ordered to pay a fine
  348  of $250,000.
  349         2. Any person who knowingly manufactures or brings into
  350  this state 150 kilograms or more of gamma-hydroxybutyric acid
  351  (GHB), as described in s. 893.03(1)(d), or any mixture
  352  containing gamma-hydroxybutyric acid (GHB), and who knows that
  353  the probable result of such manufacture or importation would be
  354  the death of any person commits capital manufacture or
  355  importation of gamma-hydroxybutyric acid (GHB), a capital felony
  356  punishable as provided in ss. 775.082 and 921.142. Any person
  357  sentenced for a capital felony under this paragraph shall also
  358  be ordered sentenced to pay the maximum fine provided under
  359  subparagraph 1.
  360         (i)1. Any person who knowingly sells, purchases,
  361  manufactures, delivers, or brings into this state, or who is
  362  knowingly is in actual or constructive possession with intent to
  363  distribute of, 5 kilograms 1 kilogram or more of gamma
  364  butyrolactone (GBL), as described in s. 893.03(1)(d), or any
  365  mixture containing gamma-butyrolactone (GBL), commits a felony
  366  of the first degree, which felony shall be known as “trafficking
  367  in gamma-butyrolactone (GBL),” punishable as provided in s.
  368  775.082, s. 775.083, or s. 775.084. If the quantity involved:
  369         a. Is 5 kilograms 1 kilogram or more but less than 15 5
  370  kilograms, such person shall be sentenced to a mandatory minimum
  371  term of imprisonment of 3 years, and the defendant shall be
  372  ordered to pay a fine of $50,000.
  373         b. Is 15 5 kilograms or more but less than 30 10 kilograms,
  374  such person shall be sentenced to a mandatory minimum term of
  375  imprisonment of 7 years, and the defendant shall be ordered to
  376  pay a fine of $100,000.
  377         c. Is 30 10 kilograms or more, such person shall be
  378  sentenced to a mandatory minimum term of imprisonment of 15
  379  calendar years, and the defendant shall be ordered to pay a fine
  380  of $250,000.
  381         2. Any person who knowingly manufactures or brings into the
  382  state 150 kilograms or more of gamma-butyrolactone (GBL), as
  383  described in s. 893.03(1)(d), or any mixture containing gamma
  384  butyrolactone (GBL), and who knows that the probable result of
  385  such manufacture or importation would be the death of any person
  386  commits capital manufacture or importation of gamma
  387  butyrolactone (GBL), a capital felony punishable as provided in
  388  ss. 775.082 and 921.142. Any person sentenced for a capital
  389  felony under this paragraph shall also be ordered sentenced to
  390  pay the maximum fine provided under subparagraph 1.
  391         (j)1. Any person who knowingly sells, purchases,
  392  manufactures, delivers, or brings into this state, or who is
  393  knowingly is in actual or constructive possession with intent to
  394  distribute of, 5 kilograms 1 kilogram or more of 1,4-Butanediol
  395  as described in s. 893.03(1)(d), or of any mixture containing
  396  1,4-Butanediol, commits a felony of the first degree, which
  397  felony shall be known as “trafficking in 1,4-Butanediol,”
  398  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  399  If the quantity involved:
  400         a. Is 5 kilograms 1 kilogram or more, but less than 15 5
  401  kilograms, such person shall be sentenced to a mandatory minimum
  402  term of imprisonment of 3 years, and the defendant shall be
  403  ordered to pay a fine of $50,000.
  404         b. Is 15 5 kilograms or more, but less than 30 10
  405  kilograms, such person shall be sentenced to a mandatory minimum
  406  term of imprisonment of 7 years, and the defendant shall be
  407  ordered to pay a fine of $100,000.
  408         c. Is 30 10 kilograms or more, such person shall be
  409  sentenced to a mandatory minimum term of imprisonment of 15
  410  calendar years, and the defendant shall be ordered to pay a fine
  411  of $500,000.
  412         2. Any person who knowingly manufactures or brings into
  413  this state 150 kilograms or more of 1,4-Butanediol as described
  414  in s. 893.03(1)(d), or any mixture containing 1,4-Butanediol,
  415  and who knows that the probable result of such manufacture or
  416  importation would be the death of any person commits capital
  417  manufacture or importation of 1,4-Butanediol, a capital felony
  418  punishable as provided in ss. 775.082 and 921.142. Any person
  419  sentenced for a capital felony under this paragraph shall also
  420  be ordered sentenced to pay the maximum fine provided under
  421  subparagraph 1.
  422         (k)1. Any person who knowingly sells, purchases,
  423  manufactures, delivers, or brings into this state, or who is
  424  knowingly is in actual or constructive possession with intent to
  425  distribute of, 30 10 grams or more of any of the following
  426  substances described in s. 893.03(1)(a) or (c):
  427         a. 3,4-Methylenedioxymethamphetamine (MDMA);
  428         b. 4-Bromo-2,5-dimethoxyamphetamine;
  429         c. 4-Bromo-2,5-dimethoxyphenethylamine;
  430         d. 2,5-Dimethoxyamphetamine;
  431         e. 2,5-Dimethoxy-4-ethylamphetamine (DOET);
  432         f. N-ethylamphetamine;
  433         g. N-Hydroxy-3,4-methylenedioxyamphetamine;
  434         h. 5-Methoxy-3,4-methylenedioxyamphetamine;
  435         i. 4-methoxyamphetamine;
  436         j. 4-methoxymethamphetamine;
  437         k. 4-Methyl-2,5-dimethoxyamphetamine;
  438         l. 3,4-Methylenedioxy-N-ethylamphetamine;
  439         m. 3,4-Methylenedioxyamphetamine;
  440         n. N,N-dimethylamphetamine; or
  441         o. 3,4,5-Trimethoxyamphetamine,
  442  
  443  individually or in any combination of or any mixture containing
  444  any substance listed in sub-subparagraphs a.-o., commits a
  445  felony of the first degree, which felony shall be known as
  446  “trafficking in Phenethylamines,” punishable as provided in s.
  447  775.082, s. 775.083, or s. 775.084.
  448         2. If the quantity involved:
  449         a. Is 30 10 grams or more but less than 200 grams, such
  450  person shall be sentenced to a mandatory minimum term of
  451  imprisonment of 3 years, and the defendant shall be ordered to
  452  pay a fine of $50,000.
  453         b. Is 200 grams or more, but less than 400 grams, such
  454  person shall be sentenced to a mandatory minimum term of
  455  imprisonment of 7 years, and the defendant shall be ordered to
  456  pay a fine of $100,000.
  457         c. Is 400 grams or more, such person shall be sentenced to
  458  a mandatory minimum term of imprisonment of 15 calendar years,
  459  and the defendant shall be ordered to pay a fine of $250,000.
  460         3. Any person who knowingly manufactures or brings into
  461  this state 30 kilograms or more of any of the following
  462  substances described in s. 893.03(1)(a) or (c):
  463         a. 3,4-Methylenedioxymethamphetamine (MDMA);
  464         b. 4-Bromo-2,5-dimethoxyamphetamine;
  465         c. 4-Bromo-2,5-dimethoxyphenethylamine;
  466         d. 2,5-Dimethoxyamphetamine;
  467         e. 2,5-Dimethoxy-4-ethylamphetamine (DOET);
  468         f. N-ethylamphetamine;
  469         g. N-Hydroxy-3,4-methylenedioxyamphetamine;
  470         h. 5-Methoxy-3,4-methylenedioxyamphetamine;
  471         i. 4-methoxyamphetamine;
  472         j. 4-methoxymethamphetamine;
  473         k. 4-Methyl-2,5-dimethoxyamphetamine;
  474         l. 3,4-Methylenedioxy-N-ethylamphetamine;
  475         m. 3,4-Methylenedioxyamphetamine;
  476         n. N,N-dimethylamphetamine; or
  477         o. 3,4,5-Trimethoxyamphetamine,
  478  
  479  individually or in any combination of or any mixture containing
  480  any substance listed in sub-subparagraphs a.-o., and who knows
  481  that the probable result of such manufacture or importation
  482  would be the death of any person commits capital manufacture or
  483  importation of Phenethylamines, a capital felony punishable as
  484  provided in ss. 775.082 and 921.142. Any person sentenced for a
  485  capital felony under this paragraph shall also be ordered
  486  sentenced to pay the maximum fine provided under subparagraph 1.
  487         (l)1. Any person who knowingly sells, purchases,
  488  manufactures, delivers, or brings into this state, or who is
  489  knowingly is in actual or constructive possession with intent to
  490  distribute of, 1 gram or more of lysergic acid diethylamide
  491  (LSD) as described in s. 893.03(1)(c), or of any mixture
  492  containing lysergic acid diethylamide (LSD), commits a felony of
  493  the first degree, which felony shall be known as “trafficking in
  494  lysergic acid diethylamide (LSD),” punishable as provided in s.
  495  775.082, s. 775.083, or s. 775.084. If the quantity involved:
  496         a. Is 1 gram or more, but less than 5 grams, such person
  497  shall be sentenced to a mandatory minimum term of imprisonment
  498  of 3 years, and the defendant shall be ordered to pay a fine of
  499  $50,000.
  500         b. Is 5 grams or more, but less than 7 grams, such person
  501  shall be sentenced to a mandatory minimum term of imprisonment
  502  of 7 years, and the defendant shall be ordered to pay a fine of
  503  $100,000.
  504         c. Is 7 grams or more, such person shall be sentenced to a
  505  mandatory minimum term of imprisonment of 15 calendar years, and
  506  the defendant shall be ordered to pay a fine of $500,000.
  507         2. Any person who knowingly manufactures or brings into
  508  this state 7 grams or more of lysergic acid diethylamide (LSD)
  509  as described in s. 893.03(1)(c), or any mixture containing
  510  lysergic acid diethylamide (LSD), and who knows that the
  511  probable result of such manufacture or importation would be the
  512  death of any person commits capital manufacture or importation
  513  of lysergic acid diethylamide (LSD), a capital felony punishable
  514  as provided in ss. 775.082 and 921.142. Any person sentenced for
  515  a capital felony under this paragraph shall also be ordered
  516  sentenced to pay the maximum fine provided under subparagraph 1.
  517         (2) A person acts knowingly under subsection (1) if that
  518  person intends to sell, purchase, manufacture, deliver, or bring
  519  into this state, or to actually or constructively possess, any
  520  of the controlled substances listed in subsection (1),
  521  regardless of which controlled substance listed in subsection
  522  (1) is in fact sold, purchased, manufactured, delivered, or
  523  brought into this state, or actually or constructively
  524  possessed.
  525         (3) Notwithstanding the provisions of s. 948.01, with
  526  respect to any person who is found to have violated this
  527  section, adjudication of guilt or imposition of sentence may
  528  shall not be suspended, deferred, or withheld, and nor shall
  529  such person is not be eligible for parole before prior to
  530  serving the mandatory minimum term of imprisonment prescribed by
  531  this section. A person sentenced to a mandatory minimum term of
  532  imprisonment under this section is not eligible for any form of
  533  discretionary early release, except pardon or executive clemency
  534  or conditional medical release under s. 947.149, before prior to
  535  serving the mandatory minimum term of imprisonment.
  536         (4) The state attorney may move the sentencing court to
  537  reduce or suspend the sentence of any person who is convicted of
  538  a violation of this section and who provides substantial
  539  assistance in the identification, arrest, or conviction of any
  540  of that person’s accomplices, accessories, coconspirators, or
  541  principals or of any other person engaged in trafficking in
  542  controlled substances. The arresting agency shall be given an
  543  opportunity to be heard in aggravation or mitigation in
  544  reference to any such motion. Upon good cause shown, the motion
  545  may be filed and heard in camera. The judge hearing the motion
  546  may reduce or suspend, defer, or withhold the sentence or
  547  adjudication of guilt if the judge finds that the defendant
  548  rendered such substantial assistance.
  549         (5) Any person who agrees, conspires, combines, or
  550  confederates with another person to commit any act prohibited by
  551  subsection (1) commits a felony of the first degree and is
  552  punishable as if he or she had actually committed such
  553  prohibited act. Nothing in This subsection does not shall be
  554  construed to prohibit separate convictions and sentences for a
  555  violation of this subsection and any violation of subsection
  556  (1).
  557         (6) A mixture, as defined in s. 893.02, containing any
  558  controlled substance described in this section includes, but is
  559  not limited to, a solution or a dosage unit, including, but not
  560  limited to, a pill or tablet, containing a controlled substance.
  561  For the purpose of clarifying legislative intent regarding the
  562  weighing of a mixture containing a controlled substance
  563  described in this section, the weight of the controlled
  564  substance is the total weight of the mixture, including the
  565  controlled substance and any other substance in the mixture.
  566  However, if the mixture is a prescription drug as defined in s.
  567  499.003 and the weight of the controlled substance in the
  568  mixture can be identified using the national drug code, the
  569  weight of the controlled substance is the weight identified in
  570  the national drug code. If there is more than one mixture
  571  containing the same controlled substance, the weight of the
  572  controlled substance is calculated by aggregating the total
  573  weight of each mixture.
  574         (7) For the purpose of further clarifying legislative
  575  intent, the Legislature finds that the opinion in Hayes v.
  576  State, 750 So. 2d 1 (Fla. 1999) does not correctly construes
  577  construe legislative intent. The Legislature finds that the
  578  opinions in State v. Hayes, 720 So. 2d 1095 (Fla. 4th DCA 1998)
  579  and State v. Baxley, 684 So. 2d 831 (Fla. 5th DCA 1996) do not
  580  correctly construe legislative intent.
  581         Section 2. Paragraphs (g), (h), and (i) of subsection (3)
  582  of section 921.0022, Florida Statutes, are amended to read:
  583         921.0022 Criminal Punishment Code; offense severity ranking
  584  chart.—
  585         (3) OFFENSE SEVERITY RANKING CHART
  586         (g) LEVEL 7
  587  FloridaStatute   FelonyDegree                Description                
  588  316.027(1)(b)       1st   Accident involving death, failure to stop; leaving scene.
  589  316.193(3)(c)2.     3rd   DUI resulting in serious bodily injury.    
  590  316.1935(3)(b)      1st   Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
  591  327.35(3)(c)2.      3rd   Vessel BUI resulting in serious bodily injury.
  592  402.319(2)          2nd   Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
  593  409.920 (2)(b)1.a.   3rd   Medicaid provider fraud; $10,000 or less.  
  594  409.920 (2)(b)1.b.   2nd   Medicaid provider fraud; more than $10,000, but less than $50,000.
  595  456.065(2)          3rd   Practicing a health care profession without a license.
  596  456.065(2)          2nd   Practicing a health care profession without a license which results in serious bodily injury.
  597  458.327(1)          3rd   Practicing medicine without a license.     
  598  459.013(1)          3rd   Practicing osteopathic medicine without a license.
  599  460.411(1)          3rd   Practicing chiropractic medicine without a license.
  600  461.012(1)          3rd   Practicing podiatric medicine without a license.
  601  462.17              3rd   Practicing naturopathy without a license.  
  602  463.015(1)          3rd   Practicing optometry without a license.    
  603  464.016(1)          3rd   Practicing nursing without a license.      
  604  465.015(2)          3rd   Practicing pharmacy without a license.     
  605  466.026(1)          3rd   Practicing dentistry or dental hygiene without a license.
  606  467.201             3rd   Practicing midwifery without a license.    
  607  468.366             3rd   Delivering respiratory care services without a license.
  608  483.828(1)          3rd   Practicing as clinical laboratory personnel without a license.
  609  483.901(9)          3rd   Practicing medical physics without a license.
  610  484.013(1)(c)       3rd   Preparing or dispensing optical devices without a prescription.
  611  484.053             3rd   Dispensing hearing aids without a license. 
  612  494.0018(2)         1st   Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
  613  560.123(8)(b)1.     3rd   Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
  614  560.125(5)(a)       3rd   Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
  615  655.50(10)(b)1.     3rd   Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
  616  775.21(10)(a)       3rd   Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
  617  775.21(10)(b)       3rd   Sexual predator working where children regularly congregate.
  618  775.21(10)(g)       3rd   Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
  619  782.051(3)          2nd   Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
  620  782.07(1)           2nd   Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
  621  782.071             2nd   Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
  622  782.072             2nd   Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
  623  784.045(1)(a)1.     2nd   Aggravated battery; intentionally causing great bodily harm or disfigurement.
  624  784.045(1)(a)2.     2nd   Aggravated battery; using deadly weapon.   
  625  784.045(1)(b)       2nd   Aggravated battery; perpetrator aware victim pregnant.
  626  784.048(4)          3rd   Aggravated stalking; violation of injunction or court order.
  627  784.048(7)          3rd   Aggravated stalking; violation of court order.
  628  784.07(2)(d)        1st   Aggravated battery on law enforcement officer.
  629  784.074(1)(a)       1st   Aggravated battery on sexually violent predators facility staff.
  630  784.08(2)(a)        1st   Aggravated battery on a person 65 years of age or older.
  631  784.081(1)          1st   Aggravated battery on specified official or employee.
  632  784.082(1)          1st   Aggravated battery by detained person on visitor or other detainee.
  633  784.083(1)          1st   Aggravated battery on code inspector.      
  634  790.07(4)           1st   Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
  635  790.16(1)           1st   Discharge of a machine gun under specified circumstances.
  636  790.165(2)          2nd   Manufacture, sell, possess, or deliver hoax bomb.
  637  790.165(3)          2nd   Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
  638  790.166(3)          2nd   Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
  639  790.166(4)          2nd   Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
  640  790.23            1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
  641  794.08(4)           3rd   Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
  642  796.03              2nd   Procuring any person under 16 years for prostitution.
  643  800.04(5)(c)1.      2nd   Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
  644  800.04(5)(c)2.      2nd   Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
  645  806.01(2)           2nd   Maliciously damage structure by fire or explosive.
  646  810.02(3)(a)        2nd   Burglary of occupied dwelling; unarmed; no assault or battery.
  647  810.02(3)(b)        2nd   Burglary of unoccupied dwelling; unarmed; no assault or battery.
  648  810.02(3)(d)        2nd   Burglary of occupied conveyance; unarmed; no assault or battery.
  649  810.02(3)(e)        2nd   Burglary of authorized emergency vehicle.  
  650  812.014(2)(a)1.     1st   Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
  651  812.014(2)(b)2.     2nd   Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
  652  812.014(2)(b)3.     2nd   Property stolen, emergency medical equipment; 2nd degree grand theft.
  653  812.014(2)(b)4.     2nd   Property stolen, law enforcement equipment from authorized emergency vehicle.
  654  812.0145(2)(a)      1st   Theft from person 65 years of age or older; $50,000 or more.
  655  812.019(2)          1st   Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
  656  812.131(2)(a)       2nd   Robbery by sudden snatching.               
  657  812.133(2)(b)       1st   Carjacking; no firearm, deadly weapon, or other weapon.
  658  817.234(8)(a)       2nd   Solicitation of motor vehicle accident victims with intent to defraud.
  659  817.234(9)          2nd   Organizing, planning, or participating in an intentional motor vehicle collision.
  660  817.234(11)(c)      1st   Insurance fraud; property value $100,000 or more.
  661  817.2341 (2)(b) & (3)(b)   1st   Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
  662  825.102(3)(b)       2nd   Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
  663  825.103(2)(b)       2nd   Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
  664  827.03(3)(b)        2nd   Neglect of a child causing great bodily harm, disability, or disfigurement.
  665  827.04(3)           3rd   Impregnation of a child under 16 years of age by person 21 years of age or older.
  666  837.05(2)           3rd   Giving false information about alleged capital felony to a law enforcement officer.
  667  838.015             2nd   Bribery.                                   
  668  838.016             2nd   Unlawful compensation or reward for official behavior.
  669  838.021(3)(a)       2nd   Unlawful harm to a public servant.         
  670  838.22              2nd   Bid tampering.                             
  671  847.0135(3)         3rd   Solicitation of a child, via a computer service, to commit an unlawful sex act.
  672  847.0135(4)         2nd   Traveling to meet a minor to commit an unlawful sex act.
  673  872.06              2nd   Abuse of a dead human body.                
  674  874.10            1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
  675  893.13(1)(c)1.      1st   Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
  676  893.13(1)(e)1.      1st   Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
  677  893.13(4)(a)        1st   Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
  678  893.135(1)(a)1.     1st   Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
  679  893.135 (1)(b)1.a.   1st   Trafficking in cocaine, more than 50 28 grams, less than 400 200 grams.
  680  893.135 (1)(c)1.a.   1st   Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
  681  893.135(1)(d)1.     1st   Trafficking in phencyclidine, more than 50 28 grams, less than 400 200 grams.
  682  893.135(1)(e)1.     1st   Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
  683  893.135(1)(f)1.     1st   Trafficking in amphetamine, more than 30 14 grams, less than 200 28 grams.
  684  893.135 (1)(g)1.a.   1st   Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
  685  893.135 (1)(h)1.a.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms 1 kilogram or more, less than 15 5 kilograms.
  686  893.135 (1)(j)1.a.   1st   Trafficking in 1,4-Butanediol, 5 kilograms 1 kilogram or more, less than 15 5 kilograms.
  687  893.135 (1)(k)2.a.   1st   Trafficking in Phenethylamines, 30 10 grams or more, less than 200 grams.
  688  893.1351(2)         2nd   Possession of place for trafficking in or manufacturing of controlled substance.
  689  896.101(5)(a)       3rd   Money laundering, financial transactions exceeding $300 but less than $20,000.
  690  896.104(4)(a)1.     3rd   Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
  691  943.0435(4)(c)      2nd   Sexual offender vacating permanent residence; failure to comply with reporting requirements.
  692  943.0435(8)         2nd   Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
  693  943.0435(9)(a)      3rd   Sexual offender; failure to comply with reporting requirements.
  694  943.0435(13)        3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  695  943.0435(14)        3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
  696  944.607(9)          3rd   Sexual offender; failure to comply with reporting requirements.
  697  944.607(10)(a)      3rd   Sexual offender; failure to submit to the taking of a digitized photograph.
  698  944.607(12)         3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  699  944.607(13)         3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
  700  985.4815(10)        3rd   Sexual offender; failure to submit to the taking of a digitized photograph.
  701  985.4815(12)        3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  702  985.4815(13)        3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
  703         (h) LEVEL 8
  704  FloridaStatute   FelonyDegree                Description                
  705  316.193 (3)(c)3.a.   2nd   DUI manslaughter.                          
  706  316.1935(4)(b)      1st   Aggravated fleeing or attempted eluding with serious bodily injury or death.
  707  327.35(3)(c)3.      2nd   Vessel BUI manslaughter.                   
  708  499.0051(7)         1st   Knowing trafficking in contraband prescription drugs.
  709  499.0051(8)         1st   Knowing forgery of prescription labels or prescription drug labels.
  710  560.123(8)(b)2.     2nd   Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
  711  560.125(5)(b)       2nd   Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
  712  655.50(10)(b)2.     2nd   Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
  713  777.03(2)(a)        1st   Accessory after the fact, capital felony.  
  714  782.04(4)           2nd   Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aircraft piracy, or unlawfully discharging bomb.
  715  782.051(2)          1st   Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
  716  782.071(1)(b)       1st   Committing vehicular homicide and failing to render aid or give information.
  717  782.072(2)          1st   Committing vessel homicide and failing to render aid or give information.
  718  790.161(3)          1st   Discharging a destructive device which results in bodily harm or property damage.
  719  794.011(5)          2nd   Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
  720  794.08(3)           2nd   Female genital mutilation, removal of a victim younger than 18 years of age from this state.
  721  800.04(4)           2nd   Lewd or lascivious battery.                
  722  806.01(1)           1st   Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
  723  810.02(2)(a)      1st,PBL Burglary with assault or battery.          
  724  810.02(2)(b)      1st,PBL Burglary; armed with explosives or dangerous weapon.
  725  810.02(2)(c)        1st   Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
  726  812.014(2)(a)2.     1st   Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
  727  812.13(2)(b)        1st   Robbery with a weapon.                     
  728  812.135(2)(c)       1st   Home-invasion robbery, no firearm, deadly weapon, or other weapon.
  729  817.568(6)          2nd   Fraudulent use of personal identification information of an individual under the age of 18.
  730  825.102(2)          1st   Aggravated abuse of an elderly person or disabled adult.
  731  825.1025(2)         2nd   Lewd or lascivious battery upon an elderly person or disabled adult.
  732  825.103(2)(a)       1st   Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.
  733  837.02(2)           2nd   Perjury in official proceedings relating to prosecution of a capital felony.
  734  837.021(2)          2nd   Making contradictory statements in official proceedings relating to prosecution of a capital felony.
  735  860.121(2)(c)       1st   Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
  736  860.16              1st   Aircraft piracy.                           
  737  893.13(1)(b)        1st   Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  738  893.13(2)(b)        1st   Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  739  893.13(6)(c)        1st   Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  740  893.135(1)(a)2.     1st   Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
  741  893.135 (1)(b)1.b.   1st   Trafficking in cocaine, more than 400 200 grams, less than 4 kilograms 400 grams.
  742  893.135 (1)(c)1.b.   1st   Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
  743  893.135 (1)(d)1.b.   1st   Trafficking in phencyclidine, more than 400 200 grams, less than 4 kilograms 400 grams.
  744  893.135 (1)(e)1.b.   1st   Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
  745  893.135 (1)(f)1.b.   1st   Trafficking in amphetamine, more than 200 28 grams, less than 400 200 grams.
  746  893.135 (1)(g)1.b.   1st   Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
  747  893.135 (1)(h)1.b.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 15 5 kilograms or more, less than 30 10 kilograms.
  748  893.135 (1)(j)1.b.   1st   Trafficking in 1,4-Butanediol, 15 5 kilograms or more, less than 30 10 kilograms.
  749  893.135 (1)(k)2.b.   1st   Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
  750  893.1351(3)         1st   Possession of a place used to manufacture controlled substance when minor is present or resides there.
  751  895.03(1)           1st   Use or invest proceeds derived from pattern of racketeering activity.
  752  895.03(2)           1st   Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
  753  895.03(3)           1st   Conduct or participate in any enterprise through pattern of racketeering activity.
  754  896.101(5)(b)       2nd   Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
  755  896.104(4)(a)2.     2nd   Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
  756         (i) LEVEL 9
  757  FloridaStatute    FelonyDegree               Description                
  758  316.193 (3)(c)3.b.   1st   DUI manslaughter; failing to render aid or give information.
  759  327.35(3)(c)3.b.     1st   BUI manslaughter; failing to render aid or give information.
  760  409.920 (2)(b)1.c.   1st   Medicaid provider fraud; $50,000 or more. 
  761  499.0051(9)          1st   Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
  762  560.123(8)(b)3.      1st   Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
  763  560.125(5)(c)        1st   Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
  764  655.50(10)(b)3.      1st   Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
  765  775.0844             1st   Aggravated white collar crime.            
  766  782.04(1)            1st   Attempt, conspire, or solicit to commit premeditated murder.
  767  782.04(3)          1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies.
  768  782.051(1)           1st   Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
  769  782.07(2)            1st   Aggravated manslaughter of an elderly person or disabled adult.
  770  787.01(1)(a)1.     1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
  771  787.01(1)(a)2.     1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
  772  787.01(1)(a)4.     1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
  773  787.02(3)(a)         1st   False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
  774  790.161              1st   Attempted capital destructive device offense.
  775  790.166(2)         1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
  776  794.011(2)           1st   Attempted sexual battery; victim less than 12 years of age.
  777  794.011(2)          Life   Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
  778  794.011(4)           1st   Sexual battery; victim 12 years or older, certain circumstances.
  779  794.011(8)(b)        1st   Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
  780  794.08(2)            1st   Female genital mutilation; victim younger than 18 years of age.
  781  800.04(5)(b)        Life   Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
  782  812.13(2)(a)       1st,PBL Robbery with firearm or other deadly weapon.
  783  812.133(2)(a)      1st,PBL Carjacking; firearm or other deadly weapon.
  784  812.135(2)(b)        1st   Home-invasion robbery with weapon.        
  785  817.568(7)         2nd,PBL Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
  786  827.03(2)            1st   Aggravated child abuse.                   
  787  847.0145(1)          1st   Selling, or otherwise transferring custody or control, of a minor.
  788  847.0145(2)          1st   Purchasing, or otherwise obtaining custody or control, of a minor.
  789  859.01               1st   Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
  790  893.135              1st   Attempted capital trafficking offense.    
  791  893.135(1)(a)3.      1st   Trafficking in cannabis, more than 10,000 lbs.
  792  893.135 (1)(b)1.c.   1st   Trafficking in cocaine, more than 4 kilograms 400 grams, less than 150 kilograms.
  793  893.135 (1)(c)1.c.   1st   Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
  794  893.135 (1)(d)1.c.   1st   Trafficking in phencyclidine, more than 4 kilograms 400 grams.
  795  893.135 (1)(e)1.c.   1st   Trafficking in methaqualone, more than 25 kilograms.
  796  893.135 (1)(f)1.c.   1st   Trafficking in amphetamine, more than 400 200 grams.
  797  893.135 (1)(h)1.c.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 30 10 kilograms or more.
  798  893.135 (1)(j)1.c.   1st   Trafficking in 1,4-Butanediol, 30 10 kilograms or more.
  799  893.135 (1)(k)2.c.   1st   Trafficking in Phenethylamines, 400 grams or more.
  800  896.101(5)(c)        1st   Money laundering, financial instruments totaling or exceeding $100,000.
  801  896.104(4)(a)3.      1st   Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
  802         Section 3. For the purpose of incorporating the amendments
  803  made by this act to section 893.135, Florida Statutes, in a
  804  reference thereto, paragraph (a) of subsection (2) of section
  805  775.087, Florida Statutes, is reenacted to read:
  806         775.087 Possession or use of weapon; aggravated battery;
  807  felony reclassification; minimum sentence.—
  808         (2)(a)1. Any person who is convicted of a felony or an
  809  attempt to commit a felony, regardless of whether the use of a
  810  weapon is an element of the felony, and the conviction was for:
  811         a. Murder;
  812         b. Sexual battery;
  813         c. Robbery;
  814         d. Burglary;
  815         e. Arson;
  816         f. Aggravated assault;
  817         g. Aggravated battery;
  818         h. Kidnapping;
  819         i. Escape;
  820         j. Aircraft piracy;
  821         k. Aggravated child abuse;
  822         l. Aggravated abuse of an elderly person or disabled adult;
  823         m. Unlawful throwing, placing, or discharging of a
  824  destructive device or bomb;
  825         n. Carjacking;
  826         o. Home-invasion robbery;
  827         p. Aggravated stalking;
  828         q. Trafficking in cannabis, trafficking in cocaine, capital
  829  importation of cocaine, trafficking in illegal drugs, capital
  830  importation of illegal drugs, trafficking in phencyclidine,
  831  capital importation of phencyclidine, trafficking in
  832  methaqualone, capital importation of methaqualone, trafficking
  833  in amphetamine, capital importation of amphetamine, trafficking
  834  in flunitrazepam, trafficking in gamma-hydroxybutyric acid
  835  (GHB), trafficking in 1,4-Butanediol, trafficking in
  836  Phenethylamines, or other violation of s. 893.135(1); or
  837         r. Possession of a firearm by a felon
  838  
  839  and during the commission of the offense, such person actually
  840  possessed a “firearm” or “destructive device” as those terms are
  841  defined in s. 790.001, shall be sentenced to a minimum term of
  842  imprisonment of 10 years, except that a person who is convicted
  843  for aggravated assault, possession of a firearm by a felon, or
  844  burglary of a conveyance shall be sentenced to a minimum term of
  845  imprisonment of 3 years if such person possessed a “firearm” or
  846  “destructive device” during the commission of the offense.
  847         2. Any person who is convicted of a felony or an attempt to
  848  commit a felony listed in sub-subparagraphs (a)1.a.-q.,
  849  regardless of whether the use of a weapon is an element of the
  850  felony, and during the course of the commission of the felony
  851  such person discharged a “firearm” or “destructive device” as
  852  defined in s. 790.001 shall be sentenced to a minimum term of
  853  imprisonment of 20 years.
  854         3. Any person who is convicted of a felony or an attempt to
  855  commit a felony listed in sub-subparagraphs (a)1.a.-q.,
  856  regardless of whether the use of a weapon is an element of the
  857  felony, and during the course of the commission of the felony
  858  such person discharged a “firearm” or “destructive device” as
  859  defined in s. 790.001 and, as the result of the discharge, death
  860  or great bodily harm was inflicted upon any person, the
  861  convicted person shall be sentenced to a minimum term of
  862  imprisonment of not less than 25 years and not more than a term
  863  of imprisonment of life in prison.
  864         Section 4. For the purpose of incorporating the amendments
  865  made by this act to section 893.135, Florida Statutes, in
  866  references thereto, paragraph (a) of subsection (1) and
  867  subsections (3) and (4) of section 782.04, Florida Statutes, are
  868  reenacted to read:
  869         782.04 Murder.—
  870         (1)(a) The unlawful killing of a human being:
  871         1. When perpetrated from a premeditated design to effect
  872  the death of the person killed or any human being;
  873         2. When committed by a person engaged in the perpetration
  874  of, or in the attempt to perpetrate, any:
  875         a. Trafficking offense prohibited by s. 893.135(1),
  876         b. Arson,
  877         c. Sexual battery,
  878         d. Robbery,
  879         e. Burglary,
  880         f. Kidnapping,
  881         g. Escape,
  882         h. Aggravated child abuse,
  883         i. Aggravated abuse of an elderly person or disabled adult,
  884         j. Aircraft piracy,
  885         k. Unlawful throwing, placing, or discharging of a
  886  destructive device or bomb,
  887         l. Carjacking,
  888         m. Home-invasion robbery,
  889         n. Aggravated stalking,
  890         o. Murder of another human being,
  891         p. Resisting an officer with violence to his or her person,
  892         q. Felony that is an act of terrorism or is in furtherance
  893  of an act of terrorism; or
  894         3. Which resulted from the unlawful distribution of any
  895  substance controlled under s. 893.03(1), cocaine as described in
  896  s. 893.03(2)(a)4., opium or any synthetic or natural salt,
  897  compound, derivative, or preparation of opium, or methadone by a
  898  person 18 years of age or older, when such drug is proven to be
  899  the proximate cause of the death of the user,
  900  
  901  is murder in the first degree and constitutes a capital felony,
  902  punishable as provided in s. 775.082.
  903         (3) When a person is killed in the perpetration of, or in
  904  the attempt to perpetrate, any:
  905         (a) Trafficking offense prohibited by s. 893.135(1),
  906         (b) Arson,
  907         (c) Sexual battery,
  908         (d) Robbery,
  909         (e) Burglary,
  910         (f) Kidnapping,
  911         (g) Escape,
  912         (h) Aggravated child abuse,
  913         (i) Aggravated abuse of an elderly person or disabled
  914  adult,
  915         (j) Aircraft piracy,
  916         (k) Unlawful throwing, placing, or discharging of a
  917  destructive device or bomb,
  918         (l) Carjacking,
  919         (m) Home-invasion robbery,
  920         (n) Aggravated stalking,
  921         (o) Murder of another human being,
  922         (p) Resisting an officer with violence to his or her
  923  person, or
  924         (q) Felony that is an act of terrorism or is in furtherance
  925  of an act of terrorism,
  926  
  927  by a person other than the person engaged in the perpetration of
  928  or in the attempt to perpetrate such felony, the person
  929  perpetrating or attempting to perpetrate such felony is guilty
  930  of murder in the second degree, which constitutes a felony of
  931  the first degree, punishable by imprisonment for a term of years
  932  not exceeding life or as provided in s. 775.082, s. 775.083, or
  933  s. 775.084.
  934         (4) The unlawful killing of a human being, when perpetrated
  935  without any design to effect death, by a person engaged in the
  936  perpetration of, or in the attempt to perpetrate, any felony
  937  other than any:
  938         (a) Trafficking offense prohibited by s. 893.135(1),
  939         (b) Arson,
  940         (c) Sexual battery,
  941         (d) Robbery,
  942         (e) Burglary,
  943         (f) Kidnapping,
  944         (g) Escape,
  945         (h) Aggravated child abuse,
  946         (i) Aggravated abuse of an elderly person or disabled
  947  adult,
  948         (j) Aircraft piracy,
  949         (k) Unlawful throwing, placing, or discharging of a
  950  destructive device or bomb,
  951         (l) Unlawful distribution of any substance controlled under
  952  s. 893.03(1), cocaine as described in s. 893.03(2)(a)4., or
  953  opium or any synthetic or natural salt, compound, derivative, or
  954  preparation of opium by a person 18 years of age or older, when
  955  such drug is proven to be the proximate cause of the death of
  956  the user,
  957         (m) Carjacking,
  958         (n) Home-invasion robbery,
  959         (o) Aggravated stalking,
  960         (p) Murder of another human being,
  961         (q) Resisting an officer with violence to his or her
  962  person, or
  963         (r) Felony that is an act of terrorism or is in furtherance
  964  of an act of terrorism,
  965  
  966  is murder in the third degree and constitutes a felony of the
  967  second degree, punishable as provided in s. 775.082, s. 775.083,
  968  or s. 775.084.
  969         Section 5. Section 893.101, Florida Statutes, is repealed.
  970         Section 6. This act shall take effect July 1, 2012.