Florida Senate - 2013                                    SB 1078
       
       
       
       By Senator Braynon
       
       
       
       
       36-00991A-13                                          20131078__
    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 in order to be subject to the automatic
    7         imposition of a mandatory minimum term of
    8         imprisonment; providing the method for determining the
    9         weight of a controlled substance in a mixture that is
   10         a prescription drug; revising legislative intent;
   11         amending s. 921.0022, F.S.; revising provisions to
   12         conform to changes made by the act; reenacting ss.
   13         775.087(2)(a) and 782.04(1)(a), (3), and (4), F.S.,
   14         relating to the possession or use of a weapon and
   15         murder, respectively, to incorporate the amendments
   16         made to s. 893.135, F.S., in references thereto;
   17         repealing s. 893.101, F.S., relating to legislative
   18         findings and intent relative to knowledge of a person
   19         to the possession of a controlled substance; providing
   20         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) Any person who knowingly sells, purchases,
   31  manufactures, delivers, or brings into this state, or who is
   32  knowingly in actual or constructive possession of, in excess of
   33  25 pounds of cannabis, or 300 or more cannabis plants, commits a
   34  felony of the first degree, which felony shall be known as
   35  “trafficking in cannabis,” punishable as provided in s. 775.082,
   36  s. 775.083, or s. 775.084. If the quantity of cannabis involved:
   37         1. Is in excess of 25 pounds, but less than 2,000 pounds,
   38  or is 300 or more cannabis plants, but not more than 2,000
   39  cannabis plants, such person shall be sentenced to a mandatory
   40  minimum term of imprisonment of 3 years, and the defendant shall
   41  be ordered to pay a fine of $25,000.
   42         2. Is 2,000 pounds or more, but less than 10,000 pounds, or
   43  is 2,000 or more cannabis plants, but not more than 10,000
   44  cannabis plants, such person shall be sentenced to a mandatory
   45  minimum term of imprisonment of 7 years, and the defendant shall
   46  be ordered to pay a fine of $50,000.
   47         3. Is 10,000 pounds or more, or is 10,000 or more cannabis
   48  plants, such person shall be sentenced to a mandatory minimum
   49  term of imprisonment of 15 calendar years, and the defendant
   50  shall be ordered to pay a fine of $200,000.
   51  
   52  For the purpose of this paragraph, a plant, including, but not
   53  limited to, a seedling or cutting, is a “cannabis plant” if it
   54  has some readily observable evidence of root formation, such as
   55  root hairs. To determine if a piece or part of a cannabis plant
   56  severed from the cannabis plant is itself a cannabis plant, the
   57  severed piece or part must have some readily observable evidence
   58  of root formation, such as root hairs. Callous tissue is not
   59  readily observable evidence of root formation. The viability and
   60  sex of a plant and the fact that the plant may or may not be a
   61  dead harvested plant are not relevant in determining if the
   62  plant is a “cannabis plant” or in the charging of an offense
   63  under this paragraph. Upon conviction, the court shall impose
   64  the longest term of imprisonment provided for in this paragraph.
   65         (b)1. Any person who knowingly sells, purchases,
   66  manufactures, delivers, or brings into this state, or who is
   67  knowingly in actual or constructive possession of, 50 28 grams
   68  or more of cocaine, as described in s. 893.03(2)(a)4., or of any
   69  mixture containing cocaine, but less than 150 kilograms of
   70  cocaine or any such mixture, commits a felony of the first
   71  degree, which felony shall be known as “trafficking in cocaine,”
   72  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   73  If the quantity involved:
   74         a. Is 50 28 grams or more, but less than 400 200 grams,
   75  such person shall be sentenced to a mandatory minimum term of
   76  imprisonment of 3 years, and the defendant shall be ordered to
   77  pay a fine of $50,000.
   78         b. Is 400 200 grams or more, but less than 4 kilograms 400
   79  grams, such person shall be sentenced to a mandatory minimum
   80  term of imprisonment of 7 years, and the defendant shall be
   81  ordered to pay a fine of $100,000.
   82         c. Is 4 kilograms 400 grams or more, but less than 150
   83  kilograms, such person shall be sentenced to a mandatory minimum
   84  term of imprisonment of 15 calendar years, and the defendant
   85  shall be ordered to pay a fine of $250,000.
   86         2. Any person who knowingly sells, purchases, manufactures,
   87  delivers, or brings into this state, or who is knowingly in
   88  actual or constructive possession of, 150 kilograms or more of
   89  cocaine, as described in s. 893.03(2)(a)4., commits the first
   90  degree first degree felony of trafficking in cocaine. A person
   91  who has been convicted of the first-degree first degree felony
   92  of trafficking in cocaine under this subparagraph shall be
   93  punished by life imprisonment and is ineligible for any form of
   94  discretionary early release except pardon or executive clemency
   95  or conditional medical release under s. 947.149. However, if the
   96  court determines that, in addition to committing any act
   97  specified in this paragraph:
   98         a. The person intentionally killed an individual or
   99  counseled, commanded, induced, procured, or caused the
  100  intentional killing of an individual and such killing was the
  101  result; or
  102         b. The person’s conduct in committing that act led to a
  103  natural, though not inevitable, lethal result,
  104  such person commits the capital felony of trafficking in
  105  cocaine, punishable as provided in ss. 775.082 and 921.142. Any
  106  person sentenced for a capital felony under this paragraph shall
  107  also be ordered sentenced to pay the maximum fine provided under
  108  subparagraph 1.
  109         3. Any person who knowingly brings into this state 300
  110  kilograms or more of cocaine, as described in s. 893.03(2)(a)4.,
  111  and who knows that the probable result of such importation would
  112  be the death of any person, commits capital importation of
  113  cocaine, a capital felony punishable as provided in ss. 775.082
  114  and 921.142. Any person sentenced for a capital felony under
  115  this paragraph shall also be ordered sentenced to pay the
  116  maximum fine provided under subparagraph 1.
  117         (c)1. Any person who knowingly sells, purchases,
  118  manufactures, delivers, or brings into this state, or who is
  119  knowingly in actual or constructive possession of, 4 grams or
  120  more of any morphine, opium, oxycodone, hydrocodone,
  121  hydromorphone, or any salt, derivative, isomer, or salt of an
  122  isomer thereof, including heroin, as described in s.
  123  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 4 grams or more
  124  of any mixture containing any such substance, but less than 30
  125  kilograms of such substance or mixture, commits a felony of the
  126  first degree, which felony shall be known as “trafficking in
  127  illegal drugs,” punishable as provided in s. 775.082, s.
  128  775.083, or s. 775.084. If the quantity involved:
  129         a. Is 4 grams or more, but less than 14 grams, such person
  130  shall be sentenced to a mandatory minimum term of imprisonment
  131  of 3 years, and the defendant shall be ordered to pay a fine of
  132  $50,000.
  133         b. Is 14 grams or more, but less than 28 grams, such person
  134  shall be sentenced to a mandatory minimum term of imprisonment
  135  of 15 years, and the defendant shall be ordered to pay a fine of
  136  $100,000.
  137         c. Is 28 grams or more, but less than 30 kilograms, such
  138  person shall be sentenced to a mandatory minimum term of
  139  imprisonment of 25 calendar years, and the defendant shall be
  140  ordered to pay a fine of $500,000.
  141         2. Any person who knowingly sells, purchases, manufactures,
  142  delivers, or brings into this state, or who is knowingly in
  143  actual or constructive possession of, 30 kilograms or more of
  144  any morphine, opium, oxycodone, hydrocodone, hydromorphone, or
  145  any salt, derivative, isomer, or salt of an isomer thereof,
  146  including heroin, as described in s. 893.03(1)(b), (2)(a),
  147  (3)(c)3., or (3)(c)4., or 30 kilograms or more of any mixture
  148  containing any such substance, commits the first-degree first
  149  degree felony of trafficking in illegal drugs. A person who has
  150  been convicted of the first-degree first degree felony of
  151  trafficking in illegal drugs under this subparagraph shall be
  152  punished by life imprisonment and is ineligible for any form of
  153  discretionary early release except pardon or executive clemency
  154  or conditional medical release under s. 947.149. However, if the
  155  court determines that, in addition to committing any act
  156  specified in this paragraph:
  157         a. The person intentionally killed an individual or
  158  counseled, commanded, induced, procured, or caused the
  159  intentional killing of an individual and such killing was the
  160  result; or
  161         b. The person’s conduct in committing that act led to a
  162  natural, though not inevitable, lethal result,
  163  
  164  such person commits the capital felony of trafficking in illegal
  165  drugs, punishable as provided in ss. 775.082 and 921.142. Any
  166  person sentenced for a capital felony under this paragraph shall
  167  also be ordered sentenced to pay the maximum fine provided under
  168  subparagraph 1.
  169         3. Any person who knowingly brings into this state 60
  170  kilograms or more of any morphine, opium, oxycodone,
  171  hydrocodone, hydromorphone, or any salt, derivative, isomer, or
  172  salt of an isomer thereof, including heroin, as described in s.
  173  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 60 kilograms or
  174  more of any mixture containing any such substance, and who knows
  175  that the probable result of such importation would be the death
  176  of any person, commits capital importation of illegal drugs, a
  177  capital felony punishable as provided in ss. 775.082 and
  178  921.142. Any person sentenced for a capital felony under this
  179  paragraph shall also be ordered sentenced to pay the maximum
  180  fine provided under subparagraph 1.
  181         (d)1. Any person who knowingly sells, purchases,
  182  manufactures, delivers, or brings into this state, or who is
  183  knowingly in actual or constructive possession of, 50 28 grams
  184  or more of phencyclidine or of any mixture containing
  185  phencyclidine, as described in s. 893.03(2)(b), commits a felony
  186  of the first degree, which felony shall be known as “trafficking
  187  in phencyclidine,” punishable as provided in s. 775.082, s.
  188  775.083, or s. 775.084. If the quantity involved:
  189         a. Is 50 28 grams or more, but less than 400 200 grams,
  190  such person shall be sentenced to a mandatory minimum term of
  191  imprisonment of 3 years, and the defendant shall be ordered to
  192  pay a fine of $50,000.
  193         b. Is 400 200 grams or more, but less than 4 kilograms 400
  194  grams, such person shall be sentenced to a mandatory minimum
  195  term of imprisonment of 7 years, and the defendant shall be
  196  ordered to pay a fine of $100,000.
  197         c. Is 4 kilograms 400 grams or more, such person shall be
  198  sentenced to a mandatory minimum term of imprisonment of 15
  199  calendar years, and the defendant shall be ordered to pay a fine
  200  of $250,000.
  201         2. Any person who knowingly brings into this state 8
  202  kilograms 800 grams or more of phencyclidine or of any mixture
  203  containing phencyclidine, as described in s. 893.03(2)(b), and
  204  who knows that the probable result of such importation would be
  205  the death of any person commits capital importation of
  206  phencyclidine, a capital felony punishable as provided in ss.
  207  775.082 and 921.142. Any person sentenced for a capital felony
  208  under this paragraph shall also be ordered sentenced to pay the
  209  maximum fine provided under subparagraph 1.
  210         (e)1. Any person who knowingly sells, purchases,
  211  manufactures, delivers, or brings into this state, or who is
  212  knowingly in actual or constructive possession of, 200 grams or
  213  more of methaqualone or of any mixture containing methaqualone,
  214  as described in s. 893.03(1)(d), commits a felony of the first
  215  degree, which felony shall be known as “trafficking in
  216  methaqualone,” punishable as provided in s. 775.082, s. 775.083,
  217  or s. 775.084. If the quantity involved:
  218         a. Is 200 grams or more, but less than 5 kilograms, such
  219  person shall be sentenced to a mandatory minimum term of
  220  imprisonment of 3 years, and the defendant shall be ordered to
  221  pay a fine of $50,000.
  222         b. Is 5 kilograms or more, but less than 25 kilograms, such
  223  person shall be sentenced to a mandatory minimum term of
  224  imprisonment of 7 years, and the defendant shall be ordered to
  225  pay a fine of $100,000.
  226         c. Is 25 kilograms or more, such person shall be sentenced
  227  to a mandatory minimum term of imprisonment of 15 calendar
  228  years, and the defendant shall be ordered to pay a fine of
  229  $250,000.
  230         2. Any person who knowingly brings into this state 50
  231  kilograms or more of methaqualone or of any mixture containing
  232  methaqualone, as described in s. 893.03(1)(d), and who knows
  233  that the probable result of such importation would be the death
  234  of any person commits capital importation of methaqualone, a
  235  capital felony punishable as provided in ss. 775.082 and
  236  921.142. Any person sentenced for a capital felony under this
  237  paragraph shall also be ordered sentenced to pay the maximum
  238  fine provided under subparagraph 1.
  239         (f)1. Any person who knowingly sells, purchases,
  240  manufactures, delivers, or brings into this state, or who is
  241  knowingly in actual or constructive possession of, 30 14 grams
  242  or more of amphetamine, as described in s. 893.03(2)(c)2., or
  243  methamphetamine, as described in s. 893.03(2)(c)4., or of any
  244  mixture containing amphetamine or methamphetamine, or
  245  phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine
  246  in conjunction with other chemicals and equipment utilized in
  247  the manufacture of amphetamine or methamphetamine, commits a
  248  felony of the first degree, which felony shall be known as
  249  “trafficking in amphetamine,” punishable as provided in s.
  250  775.082, s. 775.083, or s. 775.084. If the quantity involved:
  251         a. Is 30 14 grams or more, but less than 200 28 grams, such
  252  person shall be sentenced to a mandatory minimum term of
  253  imprisonment of 3 years, and the defendant shall be ordered to
  254  pay a fine of $50,000.
  255         b. Is 200 28 grams or more, but less than 400 200 grams,
  256  such person shall be sentenced to a mandatory minimum term of
  257  imprisonment of 7 years, and the defendant shall be ordered to
  258  pay a fine of $100,000.
  259         c. Is 400 200 grams or more, such person shall be sentenced
  260  to a mandatory minimum term of imprisonment of 15 calendar
  261  years, and the defendant shall be ordered to pay a fine of
  262  $250,000.
  263         2. Any person who knowingly manufactures or brings into
  264  this state 1.5 kilograms 400 grams or more of amphetamine, as
  265  described in s. 893.03(2)(c)2., or methamphetamine, as described
  266  in s. 893.03(2)(c)4., or of any mixture containing amphetamine
  267  or methamphetamine, or phenylacetone, phenylacetic acid,
  268  pseudoephedrine, or ephedrine in conjunction with other
  269  chemicals and equipment used in the manufacture of amphetamine
  270  or methamphetamine, and who knows that the probable result of
  271  such manufacture or importation would be the death of any person
  272  commits capital manufacture or importation of amphetamine, a
  273  capital felony punishable as provided in ss. 775.082 and
  274  921.142. Any person sentenced for a capital felony under this
  275  paragraph shall also be ordered sentenced to pay the maximum
  276  fine provided under subparagraph 1.
  277         (g)1. Any person who knowingly sells, purchases,
  278  manufactures, delivers, or brings into this state, or who is
  279  knowingly in actual or constructive possession of, 4 grams or
  280  more of flunitrazepam or any mixture containing flunitrazepam as
  281  described in s. 893.03(1)(a) commits a felony of the first
  282  degree, which felony shall be known as “trafficking in
  283  flunitrazepam,” punishable as provided in s. 775.082, s.
  284  775.083, or s. 775.084. If the quantity involved:
  285         a. Is 4 grams or more but less than 14 grams, such person
  286  shall be sentenced to a mandatory minimum term of imprisonment
  287  of 3 years, and the defendant shall be ordered to pay a fine of
  288  $50,000.
  289         b. Is 14 grams or more but less than 28 grams, such person
  290  shall be sentenced to a mandatory minimum term of imprisonment
  291  of 7 years, and the defendant shall be ordered to pay a fine of
  292  $100,000.
  293         c. Is 28 grams or more but less than 30 kilograms, such
  294  person shall be sentenced to a mandatory minimum term of
  295  imprisonment of 25 calendar years, and the defendant shall be
  296  ordered to pay a fine of $500,000.
  297         2. Any person who knowingly sells, purchases, manufactures,
  298  delivers, or brings into this state or who is knowingly in
  299  actual or constructive possession of 30 kilograms or more of
  300  flunitrazepam or any mixture containing flunitrazepam as
  301  described in s. 893.03(1)(a) commits the first-degree first
  302  degree felony of trafficking in flunitrazepam. A person who has
  303  been convicted of the first-degree first degree felony of
  304  trafficking in flunitrazepam under this subparagraph shall be
  305  punished by life imprisonment and is ineligible for any form of
  306  discretionary early release except pardon or executive clemency
  307  or conditional medical release under s. 947.149. However, if the
  308  court determines that, in addition to committing any act
  309  specified in this paragraph:
  310         a. The person intentionally killed an individual or
  311  counseled, commanded, induced, procured, or caused the
  312  intentional killing of an individual and such killing was the
  313  result; or
  314         b. The person’s conduct in committing that act led to a
  315  natural, though not inevitable, lethal result,
  316  
  317  such person commits the capital felony of trafficking in
  318  flunitrazepam, punishable as provided in ss. 775.082 and
  319  921.142. Any person sentenced for a capital felony under this
  320  paragraph shall also be ordered sentenced to pay the maximum
  321  fine provided under subparagraph 1.
  322         (h)1. Any person who knowingly sells, purchases,
  323  manufactures, delivers, or brings into this state, or who is
  324  knowingly in actual or constructive possession of, 5 kilograms 1
  325  kilogram or more of gamma-hydroxybutyric acid (GHB), as
  326  described in s. 893.03(1)(d), or any mixture containing gamma
  327  hydroxybutyric acid (GHB), commits a felony of the first degree,
  328  which felony shall be known as “trafficking in gamma
  329  hydroxybutyric acid (GHB),” punishable as provided in s.
  330  775.082, s. 775.083, or s. 775.084. If the quantity involved:
  331         a. Is 5 kilograms 1 kilogram or more but less than 15 5
  332  kilograms, such person shall be sentenced to a mandatory minimum
  333  term of imprisonment of 3 years, and the defendant shall be
  334  ordered to pay a fine of $50,000.
  335         b. Is 15 5 kilograms or more but less than 30 10 kilograms,
  336  such person shall be sentenced to a mandatory minimum term of
  337  imprisonment of 7 years, and the defendant shall be ordered to
  338  pay a fine of $100,000.
  339         c. Is 30 10 kilograms or more, such person shall be
  340  sentenced to a mandatory minimum term of imprisonment of 15
  341  calendar years, and the defendant shall be ordered to pay a fine
  342  of $250,000.
  343         2. Any person who knowingly manufactures or brings into
  344  this state 150 kilograms or more of gamma-hydroxybutyric acid
  345  (GHB), as described in s. 893.03(1)(d), or any mixture
  346  containing gamma-hydroxybutyric acid (GHB), and who knows that
  347  the probable result of such manufacture or importation would be
  348  the death of any person commits capital manufacture or
  349  importation of gamma-hydroxybutyric acid (GHB), a capital felony
  350  punishable as provided in ss. 775.082 and 921.142. Any person
  351  sentenced for a capital felony under this paragraph shall also
  352  be ordered sentenced to pay the maximum fine provided under
  353  subparagraph 1.
  354         (i)1. Any person who knowingly sells, purchases,
  355  manufactures, delivers, or brings into this state, or who is
  356  knowingly in actual or constructive possession of, 5 kilograms 1
  357  kilogram or more of gamma-butyrolactone (GBL), as described in
  358  s. 893.03(1)(d), or any mixture containing gamma-butyrolactone
  359  (GBL), commits a felony of the first degree, which felony shall
  360  be known as “trafficking in gamma-butyrolactone (GBL),”
  361  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  362  If the quantity involved:
  363         a. Is 5 kilograms 1 kilogram or more but less than 15 5
  364  kilograms, such person shall be sentenced to a mandatory minimum
  365  term of imprisonment of 3 years, and the defendant shall be
  366  ordered to pay a fine of $50,000.
  367         b. Is 15 5 kilograms or more but less than 30 10 kilograms,
  368  such person shall be sentenced to a mandatory minimum term of
  369  imprisonment of 7 years, and the defendant shall be ordered to
  370  pay a fine of $100,000.
  371         c. Is 30 10 kilograms or more, such person shall be
  372  sentenced to a mandatory minimum term of imprisonment of 15
  373  calendar years, and the defendant shall be ordered to pay a fine
  374  of $250,000.
  375         2. Any person who knowingly manufactures or brings into the
  376  state 150 kilograms or more of gamma-butyrolactone (GBL), as
  377  described in s. 893.03(1)(d), or any mixture containing gamma
  378  butyrolactone (GBL), and who knows that the probable result of
  379  such manufacture or importation would be the death of any person
  380  commits capital manufacture or importation of gamma
  381  butyrolactone (GBL), a capital felony punishable as provided in
  382  ss. 775.082 and 921.142. Any person sentenced for a capital
  383  felony under this paragraph shall also be ordered sentenced to
  384  pay the maximum fine provided under subparagraph 1.
  385         (j)1. Any person who knowingly sells, purchases,
  386  manufactures, delivers, or brings into this state, or who is
  387  knowingly in actual or constructive possession of, 5 kilograms 1
  388  kilogram or more of 1,4-Butanediol as described in s.
  389  893.03(1)(d), or of any mixture containing 1,4-Butanediol,
  390  commits a felony of the first degree, which felony shall be
  391  known as “trafficking in 1,4-Butanediol,” punishable as provided
  392  in s. 775.082, s. 775.083, or s. 775.084. If the quantity
  393  involved:
  394         a. Is 5 kilograms 1 kilogram or more, but less than 15 5
  395  kilograms, such person shall be sentenced to a mandatory minimum
  396  term of imprisonment of 3 years, and the defendant shall be
  397  ordered to pay a fine of $50,000.
  398         b. Is 15 5 kilograms or more, but less than 30 10
  399  kilograms, such person shall be sentenced to a mandatory minimum
  400  term of imprisonment of 7 years, and the defendant shall be
  401  ordered to pay a fine of $100,000.
  402         c. Is 30 10 kilograms or more, such person shall be
  403  sentenced to a mandatory minimum term of imprisonment of 15
  404  calendar years, and the defendant shall be ordered to pay a fine
  405  of $500,000.
  406         2. Any person who knowingly manufactures or brings into
  407  this state 150 kilograms or more of 1,4-Butanediol as described
  408  in s. 893.03(1)(d), or any mixture containing 1,4-Butanediol,
  409  and who knows that the probable result of such manufacture or
  410  importation would be the death of any person commits capital
  411  manufacture or importation of 1,4-Butanediol, a capital felony
  412  punishable as provided in ss. 775.082 and 921.142. Any person
  413  sentenced for a capital felony under this paragraph shall also
  414  be ordered sentenced to pay the maximum fine provided under
  415  subparagraph 1.
  416         (k)1. Any person who knowingly sells, purchases,
  417  manufactures, delivers, or brings into this state, or who is
  418  knowingly in actual or constructive possession of, 30 10 grams
  419  or more of any of the following substances described in s.
  420  893.03(1)(a) or (c):
  421         a. 3,4-Methylenedioxymethamphetamine (MDMA);
  422         b. 4-Bromo-2,5-dimethoxyamphetamine;
  423         c. 4-Bromo-2,5-dimethoxyphenethylamine;
  424         d. 2,5-Dimethoxyamphetamine;
  425         e. 2,5-Dimethoxy-4-ethylamphetamine (DOET);
  426         f. N-ethylamphetamine;
  427         g. N-Hydroxy-3,4-methylenedioxyamphetamine;
  428         h. 5-Methoxy-3,4-methylenedioxyamphetamine;
  429         i. 4-methoxyamphetamine;
  430         j. 4-methoxymethamphetamine;
  431         k. 4-Methyl-2,5-dimethoxyamphetamine;
  432         l. 3,4-Methylenedioxy-N-ethylamphetamine;
  433         m. 3,4-Methylenedioxyamphetamine;
  434         n. N,N-dimethylamphetamine; or
  435         o. 3,4,5-Trimethoxyamphetamine,
  436  
  437  individually or in any combination of or any mixture containing
  438  any substance listed in sub-subparagraphs a.-o., commits a
  439  felony of the first degree, which felony shall be known as
  440  “trafficking in Phenethylamines,” punishable as provided in s.
  441  775.082, s. 775.083, or s. 775.084.
  442         2. If the quantity involved:
  443         a. Is 30 10 grams or more but less than 200 grams, such
  444  person shall be sentenced to a mandatory minimum term of
  445  imprisonment of 3 years, and the defendant shall be ordered to
  446  pay a fine of $50,000.
  447         b. Is 200 grams or more, but less than 400 grams, such
  448  person shall be sentenced to a mandatory minimum term of
  449  imprisonment of 7 years, and the defendant shall be ordered to
  450  pay a fine of $100,000.
  451         c. Is 400 grams or more, such person shall be sentenced to
  452  a mandatory minimum term of imprisonment of 15 calendar years,
  453  and the defendant shall be ordered to pay a fine of $250,000.
  454         3. Any person who knowingly manufactures or brings into
  455  this state 30 kilograms or more of any of the following
  456  substances described in s. 893.03(1)(a) or (c):
  457         a. 3,4-Methylenedioxymethamphetamine (MDMA);
  458         b. 4-Bromo-2,5-dimethoxyamphetamine;
  459         c. 4-Bromo-2,5-dimethoxyphenethylamine;
  460         d. 2,5-Dimethoxyamphetamine;
  461         e. 2,5-Dimethoxy-4-ethylamphetamine (DOET);
  462         f. N-ethylamphetamine;
  463         g. N-Hydroxy-3,4-methylenedioxyamphetamine;
  464         h. 5-Methoxy-3,4-methylenedioxyamphetamine;
  465         i. 4-methoxyamphetamine;
  466         j. 4-methoxymethamphetamine;
  467         k. 4-Methyl-2,5-dimethoxyamphetamine;
  468         l. 3,4-Methylenedioxy-N-ethylamphetamine;
  469         m. 3,4-Methylenedioxyamphetamine;
  470         n. N,N-dimethylamphetamine; or
  471         o. 3,4,5-Trimethoxyamphetamine,
  472  
  473  individually or in any combination of or any mixture containing
  474  any substance listed in sub-subparagraphs a.-o., and who knows
  475  that the probable result of such manufacture or importation
  476  would be the death of any person commits capital manufacture or
  477  importation of Phenethylamines, a capital felony punishable as
  478  provided in ss. 775.082 and 921.142. Any person sentenced for a
  479  capital felony under this paragraph shall also be ordered
  480  sentenced to pay the maximum fine provided under subparagraph 1.
  481         (l)1. Any person who knowingly sells, purchases,
  482  manufactures, delivers, or brings into this state, or who is
  483  knowingly in actual or constructive possession of, 1 gram or
  484  more of lysergic acid diethylamide (LSD) as described in s.
  485  893.03(1)(c), or of any mixture containing lysergic acid
  486  diethylamide (LSD), commits a felony of the first degree, which
  487  felony shall be known as “trafficking in lysergic acid
  488  diethylamide (LSD),” punishable as provided in s. 775.082, s.
  489  775.083, or s. 775.084. If the quantity involved:
  490         a. Is 1 gram or more, but less than 5 grams, such person
  491  shall be sentenced to a mandatory minimum term of imprisonment
  492  of 3 years, and the defendant shall be ordered to pay a fine of
  493  $50,000.
  494         b. Is 5 grams or more, but less than 7 grams, such person
  495  shall be sentenced to a mandatory minimum term of imprisonment
  496  of 7 years, and the defendant shall be ordered to pay a fine of
  497  $100,000.
  498         c. Is 7 grams or more, such person shall be sentenced to a
  499  mandatory minimum term of imprisonment of 15 calendar years, and
  500  the defendant shall be ordered to pay a fine of $500,000.
  501         2. Any person who knowingly manufactures or brings into
  502  this state 7 grams or more of lysergic acid diethylamide (LSD)
  503  as described in s. 893.03(1)(c), or any mixture containing
  504  lysergic acid diethylamide (LSD), and who knows that the
  505  probable result of such manufacture or importation would be the
  506  death of any person commits capital manufacture or importation
  507  of lysergic acid diethylamide (LSD), a capital felony punishable
  508  as provided in ss. 775.082 and 921.142. Any person sentenced for
  509  a capital felony under this paragraph shall also be ordered
  510  sentenced to pay the maximum fine provided under subparagraph 1.
  511         (2) A person acts knowingly under subsection (1) if that
  512  person intends to sell, purchase, manufacture, deliver, or bring
  513  into this state, or to actually or constructively possess, any
  514  of the controlled substances listed in subsection (1),
  515  regardless of which controlled substance listed in subsection
  516  (1) is in fact sold, purchased, manufactured, delivered, or
  517  brought into this state, or actually or constructively
  518  possessed.
  519         (3) Notwithstanding the provisions of s. 948.01, with
  520  respect to any person who is found to have violated this
  521  section, adjudication of guilt or imposition of sentence may
  522  shall not be suspended, deferred, or withheld, and nor shall
  523  such person is not be eligible for parole before prior to
  524  serving the mandatory minimum term of imprisonment prescribed by
  525  this section. A person sentenced to a mandatory minimum term of
  526  imprisonment under this section is not eligible for any form of
  527  discretionary early release, except pardon or executive clemency
  528  or conditional medical release under s. 947.149, before prior to
  529  serving the mandatory minimum term of imprisonment.
  530         (4) The state attorney may move the sentencing court to
  531  reduce or suspend the sentence of any person who is convicted of
  532  a violation of this section and who provides substantial
  533  assistance in the identification, arrest, or conviction of any
  534  of that person’s accomplices, accessories, coconspirators, or
  535  principals or of any other person engaged in trafficking in
  536  controlled substances. The arresting agency shall be given an
  537  opportunity to be heard in aggravation or mitigation in
  538  reference to any such motion. Upon good cause shown, the motion
  539  may be filed and heard in camera. The judge hearing the motion
  540  may reduce or suspend, defer, or withhold the sentence or
  541  adjudication of guilt if the judge finds that the defendant
  542  rendered such substantial assistance.
  543         (5) Any person who agrees, conspires, combines, or
  544  confederates with another person to commit any act prohibited by
  545  subsection (1) commits a felony of the first degree and is
  546  punishable as if he or she had actually committed such
  547  prohibited act. Nothing in This subsection does not shall be
  548  construed to prohibit separate convictions and sentences for a
  549  violation of this subsection and any violation of subsection
  550  (1).
  551         (6) A mixture, as defined in s. 893.02, containing any
  552  controlled substance described in this section includes, but is
  553  not limited to, a solution or a dosage unit, including, but not
  554  limited to, a pill or tablet, containing a controlled substance.
  555  For the purpose of clarifying legislative intent regarding the
  556  weighing of a mixture containing a controlled substance
  557  described in this section, the weight of the controlled
  558  substance is the total weight of the mixture, including the
  559  controlled substance and any other substance in the mixture.
  560  However, if the mixture is a prescription drug as defined in s.
  561  499.003 and the weight of the controlled substance in the
  562  mixture can be identified using the national drug code, the
  563  weight of the controlled substance is the weight identified in
  564  the national drug code. If there is more than one mixture
  565  containing the same controlled substance, the weight of the
  566  controlled substance is calculated by aggregating the total
  567  weight of each mixture.
  568         (7) For the purpose of further clarifying legislative
  569  intent, the Legislature finds that the opinion in Hayes v.
  570  State, 750 So. 2d 1 (Fla. 1999) does not correctly construes
  571  construe legislative intent. The Legislature finds that the
  572  opinions in State v. Hayes, 720 So. 2d 1095 (Fla. 4th DCA 1998)
  573  and State v. Baxley, 684 So. 2d 831 (Fla. 5th DCA 1996) do not
  574  correctly construe legislative intent.
  575         Section 2. Paragraphs (g), (h), and (i) of subsection (3)
  576  of section 921.0022, Florida Statutes, are amended to read:
  577         921.0022 Criminal Punishment Code; offense severity ranking
  578  chart.—
  579         (3) OFFENSE SEVERITY RANKING CHART
  580         (g) LEVEL 7
  581  FloridaStatute   FelonyDegree                Description                
  582  316.027(1)(b)       1st   Accident involving death, failure to stop; leaving scene.
  583  316.193(3)(c)2.     3rd   DUI resulting in serious bodily injury.    
  584  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.
  585  327.35(3)(c)2.      3rd   Vessel BUI resulting in serious bodily injury.
  586  402.319(2)          2nd   Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
  587  409.920 (2)(b)1.a.   3rd   Medicaid provider fraud; $10,000 or less.  
  588  409.920 (2)(b)1.b.   2nd   Medicaid provider fraud; more than $10,000, but less than $50,000.
  589  456.065(2)          3rd   Practicing a health care profession without a license.
  590  456.065(2)          2nd   Practicing a health care profession without a license which results in serious bodily injury.
  591  458.327(1)          3rd   Practicing medicine without a license.     
  592  459.013(1)          3rd   Practicing osteopathic medicine without a license.
  593  460.411(1)          3rd   Practicing chiropractic medicine without a license.
  594  461.012(1)          3rd   Practicing podiatric medicine without a license.
  595  462.17              3rd   Practicing naturopathy without a license.  
  596  463.015(1)          3rd   Practicing optometry without a license.    
  597  464.016(1)          3rd   Practicing nursing without a license.      
  598  465.015(2)          3rd   Practicing pharmacy without a license.     
  599  466.026(1)          3rd   Practicing dentistry or dental hygiene without a license.
  600  467.201             3rd   Practicing midwifery without a license.    
  601  468.366             3rd   Delivering respiratory care services without a license.
  602  483.828(1)          3rd   Practicing as clinical laboratory personnel without a license.
  603  483.901(9)          3rd   Practicing medical physics without a license.
  604  484.013(1)(c)       3rd   Preparing or dispensing optical devices without a prescription.
  605  484.053             3rd   Dispensing hearing aids without a license. 
  606  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.
  607  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.
  608  560.125(5)(a)       3rd   Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
  609  655.50(10)(b)1.     3rd   Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
  610  775.21(10)(a)       3rd   Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
  611  775.21(10)(b)       3rd   Sexual predator working where children regularly congregate.
  612  775.21(10)(g)       3rd   Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
  613  782.051(3)          2nd   Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
  614  782.07(1)           2nd   Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
  615  782.071             2nd   Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
  616  782.072             2nd   Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
  617  784.045(1)(a)1.     2nd   Aggravated battery; intentionally causing great bodily harm or disfigurement.
  618  784.045(1)(a)2.     2nd   Aggravated battery; using deadly weapon.   
  619  784.045(1)(b)       2nd   Aggravated battery; perpetrator aware victim pregnant.
  620  784.048(4)          3rd   Aggravated stalking; violation of injunction or court order.
  621  784.048(7)          3rd   Aggravated stalking; violation of court order.
  622  784.07(2)(d)        1st   Aggravated battery on law enforcement officer.
  623  784.074(1)(a)       1st   Aggravated battery on sexually violent predators facility staff.
  624  784.08(2)(a)        1st   Aggravated battery on a person 65 years of age or older.
  625  784.081(1)          1st   Aggravated battery on specified official or employee.
  626  784.082(1)          1st   Aggravated battery by detained person on visitor or other detainee.
  627  784.083(1)          1st   Aggravated battery on code inspector.      
  628  787.06(3)(a)        1st   Human trafficking using coercion for labor and services.
  629  787.06(3)(e)        1st   Human trafficking using coercion for labor and services by the transfer or transport of any individual from outside Florida to within the state.
  630  790.07(4)           1st   Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
  631  790.16(1)           1st   Discharge of a machine gun under specified circumstances.
  632  790.165(2)          2nd   Manufacture, sell, possess, or deliver hoax bomb.
  633  790.165(3)          2nd   Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
  634  790.166(3)          2nd   Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
  635  790.166(4)          2nd   Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
  636  790.23            1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
  637  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.
  638  796.03              2nd   Procuring any person under 16 years for prostitution.
  639  800.04(5)(c)1.      2nd   Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
  640  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.
  641  806.01(2)           2nd   Maliciously damage structure by fire or explosive.
  642  810.02(3)(a)        2nd   Burglary of occupied dwelling; unarmed; no assault or battery.
  643  810.02(3)(b)        2nd   Burglary of unoccupied dwelling; unarmed; no assault or battery.
  644  810.02(3)(d)        2nd   Burglary of occupied conveyance; unarmed; no assault or battery.
  645  810.02(3)(e)        2nd   Burglary of authorized emergency vehicle.  
  646  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.
  647  812.014(2)(b)2.     2nd   Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
  648  812.014(2)(b)3.     2nd   Property stolen, emergency medical equipment; 2nd degree grand theft.
  649  812.014(2)(b)4.     2nd   Property stolen, law enforcement equipment from authorized emergency vehicle.
  650  812.0145(2)(a)      1st   Theft from person 65 years of age or older; $50,000 or more.
  651  812.019(2)          1st   Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
  652  812.131(2)(a)       2nd   Robbery by sudden snatching.               
  653  812.133(2)(b)       1st   Carjacking; no firearm, deadly weapon, or other weapon.
  654  817.234(8)(a)       2nd   Solicitation of motor vehicle accident victims with intent to defraud.
  655  817.234(9)          2nd   Organizing, planning, or participating in an intentional motor vehicle collision.
  656  817.234(11)(c)      1st   Insurance fraud; property value $100,000 or more.
  657  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.
  658  825.102(3)(b)       2nd   Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
  659  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.
  660  827.03(2)(b)        2nd   Neglect of a child causing great bodily harm, disability, or disfigurement.
  661  827.04(3)           3rd   Impregnation of a child under 16 years of age by person 21 years of age or older.
  662  837.05(2)           3rd   Giving false information about alleged capital felony to a law enforcement officer.
  663  838.015             2nd   Bribery.                                   
  664  838.016             2nd   Unlawful compensation or reward for official behavior.
  665  838.021(3)(a)       2nd   Unlawful harm to a public servant.         
  666  838.22              2nd   Bid tampering.                             
  667  847.0135(3)         3rd   Solicitation of a child, via a computer service, to commit an unlawful sex act.
  668  847.0135(4)         2nd   Traveling to meet a minor to commit an unlawful sex act.
  669  872.06              2nd   Abuse of a dead human body.                
  670  874.10            1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
  671  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.
  672  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.
  673  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).
  674  893.135(1)(a)1.     1st   Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
  675  893.135 (1)(b)1.a.   1st   Trafficking in cocaine, more than 50 28 grams, less than 400 200 grams.
  676  893.135 (1)(c)1.a.   1st   Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
  677  893.135(1)(d)1.     1st   Trafficking in phencyclidine, more than 50 28 grams, less than 400 200 grams.
  678  893.135(1)(e)1.     1st   Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
  679  893.135(1)(f)1.     1st   Trafficking in amphetamine, more than 30 14 grams, less than 200 28 grams.
  680  893.135 (1)(g)1.a.   1st   Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
  681  893.135 (1)(h)1.a.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms 1 kilogram or more, less than 15 5 kilograms.
  682  893.135 (1)(j)1.a.   1st   Trafficking in 1,4-Butanediol, 5 kilograms 1 kilogram or more, less than 15 5 kilograms.
  683  893.135 (1)(k)2.a.   1st   Trafficking in Phenethylamines, 30 10 grams or more, less than 200 grams.
  684  893.1351(2)         2nd   Possession of place for trafficking in or manufacturing of controlled substance.
  685  896.101(5)(a)       3rd   Money laundering, financial transactions exceeding $300 but less than $20,000.
  686  896.104(4)(a)1.     3rd   Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
  687  943.0435(4)(c)      2nd   Sexual offender vacating permanent residence; failure to comply with reporting requirements.
  688  943.0435(8)         2nd   Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
  689  943.0435(9)(a)      3rd   Sexual offender; failure to comply with reporting requirements.
  690  943.0435(13)        3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  691  943.0435(14)        3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
  692  944.607(9)          3rd   Sexual offender; failure to comply with reporting requirements.
  693  944.607(10)(a)      3rd   Sexual offender; failure to submit to the taking of a digitized photograph.
  694  944.607(12)         3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  695  944.607(13)         3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
  696  985.4815(10)        3rd   Sexual offender; failure to submit to the taking of a digitized photograph.
  697  985.4815(12)        3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  698  985.4815(13)        3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
  699         (h) LEVEL 8
  700  FloridaStatute   FelonyDegree                Description                
  701  316.193 (3)(c)3.a.   2nd   DUI manslaughter.                          
  702  316.1935(4)(b)      1st   Aggravated fleeing or attempted eluding with serious bodily injury or death.
  703  327.35(3)(c)3.      2nd   Vessel BUI manslaughter.                   
  704  499.0051(7)         1st   Knowing trafficking in contraband prescription drugs.
  705  499.0051(8)         1st   Knowing forgery of prescription labels or prescription drug labels.
  706  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.
  707  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.
  708  655.50(10)(b)2.     2nd   Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
  709  777.03(2)(a)        1st   Accessory after the fact, capital felony.  
  710  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, aggravated fleeing or eluding with serious bodily injury or death, aircraft piracy, or unlawfully discharging bomb.
  711  782.051(2)          1st   Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
  712  782.071(1)(b)       1st   Committing vehicular homicide and failing to render aid or give information.
  713  782.072(2)          1st   Committing vessel homicide and failing to render aid or give information.
  714  787.06(3)(b)        1st   Human trafficking using coercion for commercial sexual activity.
  715  787.06(3)(c)        1st   Human trafficking using coercion for labor and services of an unauthorized alien.
  716  787.06(3)(f)        1st   Human trafficking using coercion for commercial sexual activity by the transfer or transport of any individual from outside Florida to within the state.
  717  790.161(3)          1st   Discharging a destructive device which results in bodily harm or property damage.
  718  794.011(5)          2nd   Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
  719  794.08(3)           2nd   Female genital mutilation, removal of a victim younger than 18 years of age from this state.
  720  800.04(4)           2nd   Lewd or lascivious battery.                
  721  806.01(1)           1st   Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
  722  810.02(2)(a)      1st,PBL Burglary with assault or battery.          
  723  810.02(2)(b)      1st,PBL Burglary; armed with explosives or dangerous weapon.
  724  810.02(2)(c)        1st   Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
  725  812.014(2)(a)2.     1st   Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
  726  812.13(2)(b)        1st   Robbery with a weapon.                     
  727  812.135(2)(c)       1st   Home-invasion robbery, no firearm, deadly weapon, or other weapon.
  728  817.568(6)          2nd   Fraudulent use of personal identification information of an individual under the age of 18.
  729  825.102(2)          1st   Aggravated abuse of an elderly person or disabled adult.
  730  825.1025(2)         2nd   Lewd or lascivious battery upon an elderly person or disabled adult.
  731  825.103(2)(a)       1st   Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.
  732  837.02(2)           2nd   Perjury in official proceedings relating to prosecution of a capital felony.
  733  837.021(2)          2nd   Making contradictory statements in official proceedings relating to prosecution of a capital felony.
  734  860.121(2)(c)       1st   Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
  735  860.16              1st   Aircraft piracy.                           
  736  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).
  737  893.13(2)(b)        1st   Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  738  893.13(6)(c)        1st   Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  739  893.135(1)(a)2.     1st   Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
  740  893.135 (1)(b)1.b.   1st   Trafficking in cocaine, more than 400 200 grams, less than 4 kilograms 400 grams.
  741  893.135 (1)(c)1.b.   1st   Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
  742  893.135 (1)(d)1.b.   1st   Trafficking in phencyclidine, more than 400 200 grams, less than 4 kilograms 400 grams.
  743  893.135 (1)(e)1.b.   1st   Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
  744  893.135 (1)(f)1.b.   1st   Trafficking in amphetamine, more than 200 28 grams, less than 400 200 grams.
  745  893.135 (1)(g)1.b.   1st   Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
  746  893.135 (1)(h)1.b.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 15 5 kilograms or more, less than 30 10 kilograms.
  747  893.135 (1)(j)1.b.   1st   Trafficking in 1,4-Butanediol, 15 5 kilograms or more, less than 30 10 kilograms.
  748  893.135 (1)(k)2.b.   1st   Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
  749  893.1351(3)         1st   Possession of a place used to manufacture controlled substance when minor is present or resides there.
  750  895.03(1)           1st   Use or invest proceeds derived from pattern of racketeering activity.
  751  895.03(2)           1st   Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
  752  895.03(3)           1st   Conduct or participate in any enterprise through pattern of racketeering activity.
  753  896.101(5)(b)       2nd   Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
  754  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.
  755         (i) LEVEL 9
  756  FloridaStatute    FelonyDegree               Description                
  757  316.193 (3)(c)3.b.   1st   DUI manslaughter; failing to render aid or give information.
  758  327.35(3)(c)3.b.     1st   BUI manslaughter; failing to render aid or give information.
  759  409.920 (2)(b)1.c.   1st   Medicaid provider fraud; $50,000 or more. 
  760  499.0051(9)          1st   Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
  761  560.123(8)(b)3.      1st   Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
  762  560.125(5)(c)        1st   Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
  763  655.50(10)(b)3.      1st   Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
  764  775.0844             1st   Aggravated white collar crime.            
  765  782.04(1)            1st   Attempt, conspire, or solicit to commit premeditated murder.
  766  782.04(3)          1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, aggravated fleeing or eluding with serious bodily injury or death, and other specified felonies.
  767  782.051(1)           1st   Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
  768  782.07(2)            1st   Aggravated manslaughter of an elderly person or disabled adult.
  769  787.01(1)(a)1.     1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
  770  787.01(1)(a)2.     1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
  771  787.01(1)(a)4.     1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
  772  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.
  773  787.06(3)(d)         1st   Human trafficking using coercion for commercial sexual activity of an unauthorized alien.
  774  787.06(3)(g)       1st,PBL Human trafficking for commercial sexual activity of a child under the age of 18.
  775  787.06(4)            1st   Selling or buying of minors into human trafficking.
  776  790.161              1st   Attempted capital destructive device offense.
  777  790.166(2)         1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
  778  794.011(2)           1st   Attempted sexual battery; victim less than 12 years of age.
  779  794.011(2)          Life   Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
  780  794.011(4)           1st   Sexual battery; victim 12 years or older, certain circumstances.
  781  794.011(8)(b)        1st   Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
  782  794.08(2)            1st   Female genital mutilation; victim younger than 18 years of age.
  783  796.035              1st   Selling or buying of minors into prostitution.
  784  800.04(5)(b)        Life   Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
  785  812.13(2)(a)       1st,PBL Robbery with firearm or other deadly weapon.
  786  812.133(2)(a)      1st,PBL Carjacking; firearm or other deadly weapon.
  787  812.135(2)(b)        1st   Home-invasion robbery with weapon.        
  788  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.
  789  827.03(2)(a)         1st   Aggravated child abuse.                   
  790  847.0145(1)          1st   Selling, or otherwise transferring custody or control, of a minor.
  791  847.0145(2)          1st   Purchasing, or otherwise obtaining custody or control, of a minor.
  792  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.
  793  893.135              1st   Attempted capital trafficking offense.    
  794  893.135(1)(a)3.      1st   Trafficking in cannabis, more than 10,000 lbs.
  795  893.135 (1)(b)1.c.   1st   Trafficking in cocaine, more than 4 kilograms 400 grams, less than 150 kilograms.
  796  893.135 (1)(c)1.c.   1st   Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
  797  893.135 (1)(d)1.c.   1st   Trafficking in phencyclidine, more than 4 kilograms 400 grams.
  798  893.135 (1)(e)1.c.   1st   Trafficking in methaqualone, more than 25 kilograms.
  799  893.135 (1)(f)1.c.   1st   Trafficking in amphetamine, more than 400 200 grams.
  800  893.135 (1)(h)1.c.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 30 10 kilograms or more.
  801  893.135 (1)(j)1.c.   1st   Trafficking in 1,4-Butanediol, 30 10 kilograms or more.
  802  893.135 (1)(k)2.c.   1st   Trafficking in Phenethylamines, 400 grams or more.
  803  896.101(5)(c)        1st   Money laundering, financial instruments totaling or exceeding $100,000.
  804  896.104(4)(a)3.      1st   Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
  805         Section 3. For the purpose of incorporating the amendments
  806  made by this act to section 893.135, Florida Statutes, in a
  807  reference thereto, paragraph (a) of subsection (2) of section
  808  775.087, Florida Statutes, is reenacted to read:
  809         775.087 Possession or use of weapon; aggravated battery;
  810  felony reclassification; minimum sentence.—
  811         (2)(a)1. Any person who is convicted of a felony or an
  812  attempt to commit a felony, regardless of whether the use of a
  813  weapon is an element of the felony, and the conviction was for:
  814         a. Murder;
  815         b. Sexual battery;
  816         c. Robbery;
  817         d. Burglary;
  818         e. Arson;
  819         f. Aggravated assault;
  820         g. Aggravated battery;
  821         h. Kidnapping;
  822         i. Escape;
  823         j. Aircraft piracy;
  824         k. Aggravated child abuse;
  825         l. Aggravated abuse of an elderly person or disabled adult;
  826         m. Unlawful throwing, placing, or discharging of a
  827  destructive device or bomb;
  828         n. Carjacking;
  829         o. Home-invasion robbery;
  830         p. Aggravated stalking;
  831         q. Trafficking in cannabis, trafficking in cocaine, capital
  832  importation of cocaine, trafficking in illegal drugs, capital
  833  importation of illegal drugs, trafficking in phencyclidine,
  834  capital importation of phencyclidine, trafficking in
  835  methaqualone, capital importation of methaqualone, trafficking
  836  in amphetamine, capital importation of amphetamine, trafficking
  837  in flunitrazepam, trafficking in gamma-hydroxybutyric acid
  838  (GHB), trafficking in 1,4-Butanediol, trafficking in
  839  Phenethylamines, or other violation of s. 893.135(1); or
  840         r. Possession of a firearm by a felon
  841  
  842  and during the commission of the offense, such person actually
  843  possessed a “firearm” or “destructive device” as those terms are
  844  defined in s. 790.001, shall be sentenced to a minimum term of
  845  imprisonment of 10 years, except that a person who is convicted
  846  for aggravated assault, possession of a firearm by a felon, or
  847  burglary of a conveyance shall be sentenced to a minimum term of
  848  imprisonment of 3 years if such person possessed a “firearm” or
  849  “destructive device” during the commission of the offense.
  850  However, if an offender who is convicted of the offense of
  851  possession of a firearm by a felon has a previous conviction of
  852  committing or attempting to commit a felony listed in s.
  853  775.084(1)(b)1. and actually possessed a firearm or destructive
  854  device during the commission of the prior felony, the offender
  855  shall be sentenced to a minimum term of imprisonment of 10
  856  years.
  857         2. Any person who is convicted of a felony or an attempt to
  858  commit a felony listed in sub-subparagraphs (a)1.a.-q.,
  859  regardless of whether the use of a weapon is an element of the
  860  felony, and during the course of the commission of the felony
  861  such person discharged a “firearm” or “destructive device” as
  862  defined in s. 790.001 shall be sentenced to a minimum term of
  863  imprisonment of 20 years.
  864         3. Any person who is convicted of a felony or an attempt to
  865  commit a felony listed in sub-subparagraphs (a)1.a.-q.,
  866  regardless of whether the use of a weapon is an element of the
  867  felony, and during the course of the commission of the felony
  868  such person discharged a “firearm” or “destructive device” as
  869  defined in s. 790.001 and, as the result of the discharge, death
  870  or great bodily harm was inflicted upon any person, the
  871  convicted person shall be sentenced to a minimum term of
  872  imprisonment of not less than 25 years and not more than a term
  873  of imprisonment of life in prison.
  874         Section 4. For the purpose of incorporating the amendments
  875  made by this act to section 893.135, Florida Statutes, in
  876  references thereto, paragraph (a) of subsection (1) and
  877  subsections (3) and (4) of section 782.04, Florida Statutes, are
  878  reenacted to read:
  879         782.04 Murder.—
  880         (1)(a) The unlawful killing of a human being:
  881         1. When perpetrated from a premeditated design to effect
  882  the death of the person killed or any human being;
  883         2. When committed by a person engaged in the perpetration
  884  of, or in the attempt to perpetrate, any:
  885         a. Trafficking offense prohibited by s. 893.135(1),
  886         b. Arson,
  887         c. Sexual battery,
  888         d. Robbery,
  889         e. Burglary,
  890         f. Kidnapping,
  891         g. Escape,
  892         h. Aggravated child abuse,
  893         i. Aggravated abuse of an elderly person or disabled adult,
  894         j. Aircraft piracy,
  895         k. Unlawful throwing, placing, or discharging of a
  896  destructive device or bomb,
  897         l. Carjacking,
  898         m. Home-invasion robbery,
  899         n. Aggravated stalking,
  900         o. Murder of another human being,
  901         p. Resisting an officer with violence to his or her person,
  902         q. Aggravated fleeing or eluding with serious bodily injury
  903  or death,
  904         r. Felony that is an act of terrorism or is in furtherance
  905  of an act of terrorism; or
  906         3. Which resulted from the unlawful distribution of any
  907  substance controlled under s. 893.03(1), cocaine as described in
  908  s. 893.03(2)(a)4., opium or any synthetic or natural salt,
  909  compound, derivative, or preparation of opium, or methadone by a
  910  person 18 years of age or older, when such drug is proven to be
  911  the proximate cause of the death of the user,
  912  
  913  is murder in the first degree and constitutes a capital felony,
  914  punishable as provided in s. 775.082.
  915         (3) When a human being is killed during the perpetration
  916  of, or during the attempt to perpetrate, any:
  917         (a) Trafficking offense prohibited by s. 893.135(1),
  918         (b) Arson,
  919         (c) Sexual battery,
  920         (d) Robbery,
  921         (e) Burglary,
  922         (f) Kidnapping,
  923         (g) Escape,
  924         (h) Aggravated child abuse,
  925         (i) Aggravated abuse of an elderly person or disabled
  926  adult,
  927         (j) Aircraft piracy,
  928         (k) Unlawful throwing, placing, or discharging of a
  929  destructive device or bomb,
  930         (l) Carjacking,
  931         (m) Home-invasion robbery,
  932         (n) Aggravated stalking,
  933         (o) Murder of another human being,
  934         (p) Aggravated fleeing or eluding with serious bodily
  935  injury or death,
  936         (q) Resisting an officer with violence to his or her
  937  person, or
  938         (r) Felony that is an act of terrorism or is in furtherance
  939  of an act of terrorism,
  940  
  941  by a person other than the person engaged in the perpetration of
  942  or in the attempt to perpetrate such felony, the person
  943  perpetrating or attempting to perpetrate such felony commits
  944  murder in the second degree, which constitutes a felony of the
  945  first degree, punishable by imprisonment for a term of years not
  946  exceeding life or as provided in s. 775.082, s. 775.083, or s.
  947  775.084.
  948         (4) The unlawful killing of a human being, when perpetrated
  949  without any design to effect death, by a person engaged in the
  950  perpetration of, or in the attempt to perpetrate, any felony
  951  other than any:
  952         (a) Trafficking offense prohibited by s. 893.135(1),
  953         (b) Arson,
  954         (c) Sexual battery,
  955         (d) Robbery,
  956         (e) Burglary,
  957         (f) Kidnapping,
  958         (g) Escape,
  959         (h) Aggravated child abuse,
  960         (i) Aggravated abuse of an elderly person or disabled
  961  adult,
  962         (j) Aircraft piracy,
  963         (k) Unlawful throwing, placing, or discharging of a
  964  destructive device or bomb,
  965         (l) Unlawful distribution of any substance controlled under
  966  s. 893.03(1), cocaine as described in s. 893.03(2)(a)4., or
  967  opium or any synthetic or natural salt, compound, derivative, or
  968  preparation of opium by a person 18 years of age or older, when
  969  such drug is proven to be the proximate cause of the death of
  970  the user,
  971         (m) Carjacking,
  972         (n) Home-invasion robbery,
  973         (o) Aggravated stalking,
  974         (p) Murder of another human being,
  975         (q) Aggravated fleeing or eluding with serious bodily
  976  injury or death,
  977         (r) Resisting an officer with violence to his or her
  978  person, or
  979         (s) Felony that is an act of terrorism or is in furtherance
  980  of an act of terrorism,
  981  
  982  is murder in the third degree and constitutes a felony of the
  983  second degree, punishable as provided in s. 775.082, s. 775.083,
  984  or s. 775.084.
  985         Section 5. Section 893.101, Florida Statutes, is repealed.
  986         Section 6. This act shall take effect July 1, 2013.