Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 360
       
       
       
       
       
       
                                Ì8791907Î879190                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/06/2014           .                                
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       (Bradley) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (c) of subsection (1) of section
    6  893.135, Florida Statutes, is amended to read:
    7         893.135 Trafficking; mandatory sentences; suspension or
    8  reduction of sentences; conspiracy to engage in trafficking.—
    9         (1) Except as authorized in this chapter or in chapter 499
   10  and notwithstanding the provisions of s. 893.13:
   11         (c)1. A Any person who knowingly sells, purchases,
   12  manufactures, delivers, or brings into this state, or who is
   13  knowingly in actual or constructive possession of, 4 grams or
   14  more of any morphine, opium, oxycodone, hydrocodone,
   15  hydromorphone, or any salt, derivative, isomer, or salt of an
   16  isomer thereof, including heroin, as described in s.
   17  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 4 grams or more
   18  of any mixture containing any such substance, but less than 30
   19  kilograms of such substance or mixture, commits a felony of the
   20  first degree, which felony shall be known as “trafficking in
   21  illegal drugs,” punishable as provided in s. 775.082, s.
   22  775.083, or s. 775.084. If the quantity involved:
   23         a. Is 4 grams or more, but less than 14 grams, such person
   24  shall be sentenced to a mandatory minimum term of imprisonment
   25  of 3 years, and the defendant shall be ordered to pay a fine of
   26  $50,000.
   27         b. Is 14 grams or more, but less than 28 grams, such person
   28  shall be sentenced to a mandatory minimum term of imprisonment
   29  of 15 years, and the defendant shall be ordered to pay a fine of
   30  $100,000.
   31         c. Is 28 grams or more, but less than 30 kilograms, such
   32  person shall be sentenced to a mandatory minimum term of
   33  imprisonment of 25 calendar years and shall be ordered to pay a
   34  fine of $500,000.
   35         2. A person who knowingly sells, purchases, manufactures,
   36  delivers, or brings into this state, or who is knowingly in
   37  actual or constructive possession of, 14 grams or more of
   38  hydrocodone, or 14 grams or more of any mixture containing any
   39  such substance, commits a felony of the first degree, which
   40  felony shall be known as “trafficking in hydrocodone,”
   41  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   42  If the quantity involved:
   43         a. Is 14 grams or more, but less than 28 grams, such person
   44  shall be sentenced to a mandatory minimum term of imprisonment
   45  of 3 years and shall be ordered to pay a fine of $50,000.
   46         b. Is 28 grams or more, but less than 50 grams, such person
   47  shall be sentenced to a mandatory minimum term of imprisonment
   48  of 7 years and shall be ordered to pay a fine of $100,000.
   49         c. Is 50 grams or more, but less than 200 grams, such
   50  person shall be sentenced to a mandatory minimum term of
   51  imprisonment of 15 years and shall be ordered to pay a fine of
   52  $500,000.
   53         d. Is 200 grams or more, but less than 30 kilograms, such
   54  person shall be sentenced to a mandatory minimum term of
   55  imprisonment of 25 years and shall be ordered to pay a fine of
   56  $750,000.
   57         3. A person who knowingly sells, purchases, manufactures,
   58  delivers, or brings into this state, or who is knowingly in
   59  actual or constructive possession of, 7 grams or more of
   60  oxycodone, or 7 grams or more of any mixture containing any such
   61  substance, commits a felony of the first degree, which felony
   62  shall be known as “trafficking in oxycodone,” punishable as
   63  provided in s. 775.082, s. 775.083, or s. 775.084. If the
   64  quantity involved:
   65         a. Is 7 grams or more, but less than 14 grams, such person
   66  shall be sentenced to a mandatory minimum term of imprisonment
   67  of 3 years and shall be ordered to pay a fine of $50,000.
   68         b. Is 14 grams or more, but less than 25 grams, such person
   69  shall be sentenced to a mandatory minimum term of imprisonment
   70  of 7 years and shall be ordered to pay a fine of $100,000.
   71         c. Is 25 grams or more, but less than 100 grams, such
   72  person shall be sentenced to a mandatory minimum term of
   73  imprisonment of 15 years and shall be ordered to pay a fine of
   74  $500,000.
   75         d. Is 100 grams or more, but less than 30 kilograms, such
   76  person shall be sentenced to a mandatory minimum term of
   77  imprisonment of 25 years and shall be ordered to pay a fine of
   78  $750,000.
   79         4.2.A Any person who knowingly sells, purchases,
   80  manufactures, delivers, or brings into this state, or who is
   81  knowingly in actual or constructive possession of, 30 kilograms
   82  or more of any morphine, opium, oxycodone, hydrocodone,
   83  hydromorphone, or any salt, derivative, isomer, or salt of an
   84  isomer thereof, including heroin, as described in s.
   85  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or
   86  more of any mixture containing any such substance, commits the
   87  first degree felony of trafficking in illegal drugs. A person
   88  who has been convicted of the first degree felony of trafficking
   89  in illegal drugs under this subparagraph shall be punished by
   90  life imprisonment and is ineligible for any form of
   91  discretionary early release except pardon or executive clemency
   92  or conditional medical release under s. 947.149. However, if the
   93  court determines that, in addition to committing any act
   94  specified in this paragraph:
   95         a. The person intentionally killed an individual or
   96  counseled, commanded, induced, procured, or caused the
   97  intentional killing of an individual and such killing was the
   98  result; or
   99         b. The person’s conduct in committing that act led to a
  100  natural, though not inevitable, lethal result,
  101  
  102  such person commits the capital felony of trafficking in illegal
  103  drugs, punishable as provided in ss. 775.082 and 921.142. A Any
  104  person sentenced for a capital felony under this paragraph shall
  105  also be sentenced to pay the maximum fine provided under
  106  subparagraph 1.
  107         5.3.A Any person who knowingly brings into this state 60
  108  kilograms or more of any morphine, opium, oxycodone,
  109  hydrocodone, hydromorphone, or any salt, derivative, isomer, or
  110  salt of an isomer thereof, including heroin, as described in s.
  111  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 60 kilograms or
  112  more of any mixture containing any such substance, and who knows
  113  that the probable result of such importation would be the death
  114  of a any person, commits capital importation of illegal drugs, a
  115  capital felony punishable as provided in ss. 775.082 and
  116  921.142. A Any person sentenced for a capital felony under this
  117  paragraph shall also be sentenced to pay the maximum fine
  118  provided under subparagraph 1.
  119         Section 2. Paragraphs (g) through (i) of subsection (3) of
  120  section 921.0022, Florida Statutes, are amended to read:
  121         921.0022 Criminal Punishment Code; offense severity ranking
  122  chart.—
  123         (3) OFFENSE SEVERITY RANKING CHART
  124         (g) LEVEL 7
  125  
  126  FloridaStatute             FelonyDegree        Description        
  127  316.027(1)(b)                  1st     Accident involving death, failure to stop; leaving scene.
  128  316.193(3)(c)2.                3rd     DUI resulting in serious bodily injury.
  129  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.
  130  327.35(3)(c)2.                 3rd     Vessel BUI resulting in serious bodily injury.
  131  402.319(2)                     2nd     Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
  132  409.920 (2)(b)1.a.             3rd     Medicaid provider fraud; $10,000 or less.
  133  409.920 (2)(b)1.b.             2nd     Medicaid provider fraud; more than $10,000, but less than $50,000.
  134  456.065(2)                     3rd     Practicing a health care profession without a license.
  135  456.065(2)                     2nd     Practicing a health care profession without a license which results in serious bodily injury.
  136  458.327(1)                     3rd     Practicing medicine without a license.
  137  459.013(1)                     3rd     Practicing osteopathic medicine without a license.
  138  460.411(1)                     3rd     Practicing chiropractic medicine without a license.
  139  461.012(1)                     3rd     Practicing podiatric medicine without a license.
  140  462.17                         3rd     Practicing naturopathy without a license.
  141  463.015(1)                     3rd     Practicing optometry without a license.
  142  464.016(1)                     3rd     Practicing nursing without a license.
  143  465.015(2)                     3rd     Practicing pharmacy without a license.
  144  466.026(1)                     3rd     Practicing dentistry or dental hygiene without a license.
  145  467.201                        3rd     Practicing midwifery without a license.
  146  468.366                        3rd     Delivering respiratory care services without a license.
  147  483.828(1)                     3rd     Practicing as clinical laboratory personnel without a license.
  148  483.901(9)                     3rd     Practicing medical physics without a license.
  149  484.013(1)(c)                  3rd     Preparing or dispensing optical devices without a prescription.
  150  484.053                        3rd     Dispensing hearing aids without a license.
  151  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.
  152  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.
  153  560.125(5)(a)                  3rd     Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
  154  655.50(10)(b)1.                3rd     Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
  155  775.21(10)(a)                  3rd     Sexual predator; failure to register; failure to renew driver driver’s license or identification card; other registration violations.
  156  775.21(10)(b)                  3rd     Sexual predator working where children regularly congregate.
  157  775.21(10)(g)                  3rd     Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
  158  782.051(3)                     2nd     Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
  159  782.07(1)                      2nd     Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
  160  782.071                        2nd     Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
  161  782.072                        2nd     Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
  162  784.045(1)(a)1.                2nd     Aggravated battery; intentionally causing great bodily harm or disfigurement.
  163  784.045(1)(a)2.                2nd     Aggravated battery; using deadly weapon.
  164  784.045(1)(b)                  2nd     Aggravated battery; perpetrator aware victim pregnant.
  165  784.048(4)                     3rd     Aggravated stalking; violation of injunction or court order.
  166  784.048(7)                     3rd     Aggravated stalking; violation of court order.
  167  784.07(2)(d)                   1st     Aggravated battery on law enforcement officer.
  168  784.074(1)(a)                  1st     Aggravated battery on sexually violent predators facility staff.
  169  784.08(2)(a)                   1st     Aggravated battery on a person 65 years of age or older.
  170  784.081(1)                     1st     Aggravated battery on specified official or employee.
  171  784.082(1)                     1st     Aggravated battery by detained person on visitor or other detainee.
  172  784.083(1)                     1st     Aggravated battery on code inspector.
  173  787.06(3)(a)                   1st     Human trafficking using coercion for labor and services.
  174  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.
  175  790.07(4)                      1st     Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
  176  790.16(1)                      1st     Discharge of a machine gun under specified circumstances.
  177  790.165(2)                     2nd     Manufacture, sell, possess, or deliver hoax bomb.
  178  790.165(3)                     2nd     Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
  179  790.166(3)                     2nd     Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
  180  790.166(4)                     2nd     Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
  181  790.23                       1st,PBL   Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
  182  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.
  183  796.03                         2nd     Procuring any person under 16 years for prostitution.
  184  800.04(5)(c)1.                 2nd     Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
  185  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.
  186  806.01(2)                      2nd     Maliciously damage structure by fire or explosive.
  187  810.02(3)(a)                   2nd     Burglary of occupied dwelling; unarmed; no assault or battery.
  188  810.02(3)(b)                   2nd     Burglary of unoccupied dwelling; unarmed; no assault or battery.
  189  810.02(3)(d)                   2nd     Burglary of occupied conveyance; unarmed; no assault or battery.
  190  810.02(3)(e)                   2nd     Burglary of authorized emergency vehicle.
  191  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.
  192  812.014(2)(b)2.                2nd     Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
  193  812.014(2)(b)3.                2nd     Property stolen, emergency medical equipment; 2nd degree grand theft.
  194  812.014(2)(b)4.                2nd     Property stolen, law enforcement equipment from authorized emergency vehicle.
  195  812.0145(2)(a)                 1st     Theft from person 65 years of age or older; $50,000 or more.
  196  812.019(2)                     1st     Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
  197  812.131(2)(a)                  2nd     Robbery by sudden snatching.
  198  812.133(2)(b)                  1st     Carjacking; no firearm, deadly weapon, or other weapon.
  199  817.034(4)(a)1.                1st     Communications fraud, value greater than $50,000.
  200  817.234(8)(a)                  2nd     Solicitation of motor vehicle accident victims with intent to defraud.
  201  817.234(9)                     2nd     Organizing, planning, or participating in an intentional motor vehicle collision.
  202  817.234(11)(c)                 1st     Insurance fraud; property value $100,000 or more.
  203  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.
  204  817.535(2)(a)                  3rd     Filing false lien or other unauthorized document.
  205  825.102(3)(b)                  2nd     Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
  206  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.
  207  827.03(2)(b)                   2nd     Neglect of a child causing great bodily harm, disability, or disfigurement.
  208  827.04(3)                      3rd     Impregnation of a child under 16 years of age by person 21 years of age or older.
  209  837.05(2)                      3rd     Giving false information about alleged capital felony to a law enforcement officer.
  210  838.015                        2nd     Bribery.                   
  211  838.016                        2nd     Unlawful compensation or reward for official behavior.
  212  838.021(3)(a)                  2nd     Unlawful harm to a public servant.
  213  838.22                         2nd     Bid tampering.             
  214  843.0855(2)                    3rd     Impersonation of a public officer or employee.
  215  843.0855(3)                    3rd     Unlawful simulation of legal process.
  216  843.0855(4)                    3rd     Intimidation of a public officer or employee.
  217  847.0135(3)                    3rd     Solicitation of a child, via a computer service, to commit an unlawful sex act.
  218  847.0135(4)                    2nd     Traveling to meet a minor to commit an unlawful sex act.
  219  872.06                         2nd     Abuse of a dead human body.
  220  874.05(2)(b)                   1st     Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
  221  874.10                       1st,PBL   Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
  222  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.
  223  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.
  224  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).
  225  893.135(1)(a)1.                1st     Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
  226  893.135 (1)(b)1.a.             1st     Trafficking in cocaine, more than 28 grams, less than 200 grams.
  227  893.135 (1)(c)1.a.             1st     Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
  228  893.135(1)(c)2.a.              1st     Trafficking in hydrocodone, 14 grams or more, less than 28 grams.
  229  893.135(1)(c)2.b.              1st     Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
  230  893.135(1)(c)3.a.              1st     Trafficking in oxycodone, 7 grams or more, less than 14 grams.
  231  893.135(1)(c)3.b.              1st     Trafficking in oxycodone, 14 grams or more, less than 25 grams.
  232  893.135(1)(d)1.                1st     Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
  233  893.135(1)(e)1.                1st     Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
  234  893.135(1)(f)1.                1st     Trafficking in amphetamine, more than 14 grams, less than 28 grams.
  235  893.135 (1)(g)1.a.             1st     Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
  236  893.135 (1)(h)1.a.             1st     Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
  237  893.135 (1)(j)1.a.             1st     Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
  238  893.135 (1)(k)2.a.             1st     Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
  239  893.1351(2)                    2nd     Possession of place for trafficking in or manufacturing of controlled substance.
  240  896.101(5)(a)                  3rd     Money laundering, financial transactions exceeding $300 but less than $20,000.
  241  896.104(4)(a)1.                3rd     Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
  242  943.0435(4)(c)                 2nd     Sexual offender vacating permanent residence; failure to comply with reporting requirements.
  243  943.0435(8)                    2nd     Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
  244  943.0435(9)(a)                 3rd     Sexual offender; failure to comply with reporting requirements.
  245  943.0435(13)                   3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  246  943.0435(14)                   3rd     Sexual offender; failure to report and reregister; failure to respond to address verification.
  247  944.607(9)                     3rd     Sexual offender; failure to comply with reporting requirements.
  248  944.607(10)(a)                 3rd     Sexual offender; failure to submit to the taking of a digitized photograph.
  249  944.607(12)                    3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  250  944.607(13)                    3rd     Sexual offender; failure to report and reregister; failure to respond to address verification.
  251  985.4815(10)                   3rd     Sexual offender; failure to submit to the taking of a digitized photograph.
  252  985.4815(12)                   3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  253  985.4815(13)                   3rd     Sexual offender; failure to report and reregister; failure to respond to address verification.
  254  
  255         (h) LEVEL 8
  256  
  257  FloridaStatute              FelonyDegree        Description        
  258  316.193 (3)(c)3.a.               2nd     DUI manslaughter.         
  259  316.1935(4)(b)                   1st     Aggravated fleeing or attempted eluding with serious bodily injury or death.
  260  327.35(3)(c)3.                   2nd     Vessel BUI manslaughter.  
  261  499.0051(7)                      1st     Knowing trafficking in contraband prescription drugs.
  262  499.0051(8)                      1st     Knowing forgery of prescription labels or prescription drug labels.
  263  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.
  264  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.
  265  655.50(10)(b)2.                  2nd     Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
  266  777.03(2)(a)                     1st     Accessory after the fact, capital felony.
  267  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.
  268  782.051(2)                       1st     Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
  269  782.071(1)(b)                    1st     Committing vehicular homicide and failing to render aid or give information.
  270  782.072(2)                       1st     Committing vessel homicide and failing to render aid or give information.
  271  787.06(3)(b)                     1st     Human trafficking using coercion for commercial sexual activity.
  272  787.06(3)(c)                     1st     Human trafficking using coercion for labor and services of an unauthorized alien.
  273  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.
  274  790.161(3)                       1st     Discharging a destructive device which results in bodily harm or property damage.
  275  794.011(5)                       2nd     Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
  276  794.08(3)                        2nd     Female genital mutilation, removal of a victim younger than 18 years of age from this state.
  277  800.04(4)                        2nd     Lewd or lascivious battery.
  278  806.01(1)                        1st     Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
  279  810.02(2)(a)                   1st,PBL   Burglary with assault or battery.
  280  810.02(2)(b)                   1st,PBL   Burglary; armed with explosives or dangerous weapon.
  281  810.02(2)(c)                     1st     Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
  282  812.014(2)(a)2.                  1st     Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
  283  812.13(2)(b)                     1st     Robbery with a weapon.    
  284  812.135(2)(c)                    1st     Home-invasion robbery, no firearm, deadly weapon, or other weapon.
  285  817.535(2)(b)                    2nd     Filing false lien or other unauthorized document; second or subsequent offense.
  286  817.535(3)(a)                    2nd     Filing false lien or other unauthorized document; property owner is a public officer or employee.
  287  817.535(4)(a)1.                  2nd     Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
  288  817.535(5)(a)                    2nd     Filing false lien or other unauthorized document; owner of the property incurs financial loss as a result of the false instrument.
  289  817.568(6)                       2nd     Fraudulent use of personal identification information of an individual under the age of 18.
  290  825.102(2)                       1st     Aggravated abuse of an elderly person or disabled adult.
  291  825.1025(2)                      2nd     Lewd or lascivious battery upon an elderly person or disabled adult.
  292  825.103(2)(a)                    1st     Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.
  293  837.02(2)                        2nd     Perjury in official proceedings relating to prosecution of a capital felony.
  294  837.021(2)                       2nd     Making contradictory statements in official proceedings relating to prosecution of a capital felony.
  295  860.121(2)(c)                    1st     Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
  296  860.16                           1st     Aircraft piracy.          
  297  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).
  298  893.13(2)(b)                     1st     Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  299  893.13(6)(c)                     1st     Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  300  893.135(1)(a)2.                  1st     Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
  301  893.135 (1)(b)1.b.               1st     Trafficking in cocaine, more than 200 grams, less than 400 grams.
  302  893.135 (1)(c)1.b.               1st     Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
  303  893.135(1)(c)2.c.                1st     Trafficking in hydrocodone, 50 grams or more, less than 200 grams.
  304  893.135(1)(c)3.c.                1st     Trafficking in oxycodone, 25 grams or more, less than 100 grams.
  305  893.135 (1)(d)1.b.               1st     Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
  306  893.135 (1)(e)1.b.               1st     Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
  307  893.135 (1)(f)1.b.               1st     Trafficking in amphetamine, more than 28 grams, less than 200 grams.
  308  893.135 (1)(g)1.b.               1st     Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
  309  893.135 (1)(h)1.b.               1st     Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
  310  893.135 (1)(j)1.b.               1st     Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
  311  893.135 (1)(k)2.b.               1st     Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
  312  893.1351(3)                      1st     Possession of a place used to manufacture controlled substance when minor is present or resides there.
  313  895.03(1)                        1st     Use or invest proceeds derived from pattern of racketeering activity.
  314  895.03(2)                        1st     Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
  315  895.03(3)                        1st     Conduct or participate in any enterprise through pattern of racketeering activity.
  316  896.101(5)(b)                    2nd     Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
  317  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.
  318  
  319         (i) LEVEL 9
  320  
  321  FloridaStatute              FelonyDegree        Description        
  322  316.193 (3)(c)3.b.               1st     DUI manslaughter; failing to render aid or give information.
  323  327.35(3)(c)3.b.                 1st     BUI manslaughter; failing to render aid or give information.
  324  409.920 (2)(b)1.c.               1st     Medicaid provider fraud; $50,000 or more.
  325  499.0051(9)                      1st     Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
  326  560.123(8)(b)3.                  1st     Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
  327  560.125(5)(c)                    1st     Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
  328  655.50(10)(b)3.                  1st     Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
  329  775.0844                         1st     Aggravated white collar crime.
  330  782.04(1)                        1st     Attempt, conspire, or solicit to commit premeditated murder.
  331  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.
  332  782.051(1)                       1st     Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
  333  782.07(2)                        1st     Aggravated manslaughter of an elderly person or disabled adult.
  334  787.01(1)(a)1.                 1st,PBL   Kidnapping; hold for ransom or reward or as a shield or hostage.
  335  787.01(1)(a)2.                 1st,PBL   Kidnapping with intent to commit or facilitate commission of any felony.
  336  787.01(1)(a)4.                 1st,PBL   Kidnapping with intent to interfere with performance of any governmental or political function.
  337  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.
  338  787.06(3)(d)                     1st     Human trafficking using coercion for commercial sexual activity of an unauthorized alien.
  339  787.06(3)(g)                   1st,PBL   Human trafficking for commercial sexual activity of a child under the age of 18.
  340  787.06(4)                        1st     Selling or buying of minors into human trafficking.
  341  790.161                          1st     Attempted capital destructive device offense.
  342  790.166(2)                     1st,PBL   Possessing, selling, using, or attempting to use a weapon of mass destruction.
  343  794.011(2)                       1st     Attempted sexual battery; victim less than 12 years of age.
  344  794.011(2)                      Life     Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
  345  794.011(4)                       1st     Sexual battery; victim 12 years or older, certain circumstances.
  346  794.011(8)(b)                    1st     Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
  347  794.08(2)                        1st     Female genital mutilation; victim younger than 18 years of age.
  348  796.035                          1st     Selling or buying of minors into prostitution.
  349  800.04(5)(b)                    Life     Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
  350  812.13(2)(a)                   1st,PBL   Robbery with firearm or other deadly weapon.
  351  812.133(2)(a)                  1st,PBL   Carjacking; firearm or other deadly weapon.
  352  812.135(2)(b)                    1st     Home-invasion robbery with weapon.
  353  817.535(3)(b)                    1st     Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee.
  354  817.535(4)(a)2.                  1st     Filing false claim or other unauthorized document; defendant is incarcerated or under supervision.
  355  817.535(5)(b)                    1st     Filing false lien or other unauthorized document; second or subsequent offense; owner of the property incurs financial loss as a result of the false instrument.
  356  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.
  357  827.03(2)(a)                     1st     Aggravated child abuse.   
  358  847.0145(1)                      1st     Selling, or otherwise transferring custody or control, of a minor.
  359  847.0145(2)                      1st     Purchasing, or otherwise obtaining custody or control, of a minor.
  360  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.
  361  893.135                          1st     Attempted capital trafficking offense.
  362  893.135(1)(a)3.                  1st     Trafficking in cannabis, more than 10,000 lbs.
  363  893.135 (1)(b)1.c.               1st     Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
  364  893.135 (1)(c)1.c.               1st     Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
  365  893.135(1)(c)2.d.                1st     Trafficking in hydrocodone, 200 grams or more, less than 30 kilograms.
  366  893.135(1)(c)3.d.                1st     Trafficking in oxycodone, 100 grams or more, less than 30 kilograms.
  367  893.135 (1)(d)1.c.               1st     Trafficking in phencyclidine, more than 400 grams.
  368  893.135 (1)(e)1.c.               1st     Trafficking in methaqualone, more than 25 kilograms.
  369  893.135 (1)(f)1.c.               1st     Trafficking in amphetamine, more than 200 grams.
  370  893.135 (1)(h)1.c.               1st     Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
  371  893.135 (1)(j)1.c.               1st     Trafficking in 1,4-Butanediol, 10 kilograms or more.
  372  893.135 (1)(k)2.c.               1st     Trafficking in Phenethylamines, 400 grams or more.
  373  896.101(5)(c)                    1st     Money laundering, financial instruments totaling or exceeding $100,000.
  374  896.104(4)(a)3.                  1st     Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
  375  
  376         Section 3. For the purpose of incorporating the amendment
  377  made by this act to section 893.135, Florida Statutes, in a
  378  reference thereto, paragraph (a) of subsection (2) and paragraph
  379  (a) of subsection (3) of section 775.087, Florida Statutes, are
  380  reenacted to read:
  381         775.087 Possession or use of weapon; aggravated battery;
  382  felony reclassification; minimum sentence.—
  383         (2)(a)1. Any person who is convicted of a felony or an
  384  attempt to commit a felony, regardless of whether the use of a
  385  weapon is an element of the felony, and the conviction was for:
  386         a. Murder;
  387         b. Sexual battery;
  388         c. Robbery;
  389         d. Burglary;
  390         e. Arson;
  391         f. Aggravated assault;
  392         g. Aggravated battery;
  393         h. Kidnapping;
  394         i. Escape;
  395         j. Aircraft piracy;
  396         k. Aggravated child abuse;
  397         l. Aggravated abuse of an elderly person or disabled adult;
  398         m. Unlawful throwing, placing, or discharging of a
  399  destructive device or bomb;
  400         n. Carjacking;
  401         o. Home-invasion robbery;
  402         p. Aggravated stalking;
  403         q. Trafficking in cannabis, trafficking in cocaine, capital
  404  importation of cocaine, trafficking in illegal drugs, capital
  405  importation of illegal drugs, trafficking in phencyclidine,
  406  capital importation of phencyclidine, trafficking in
  407  methaqualone, capital importation of methaqualone, trafficking
  408  in amphetamine, capital importation of amphetamine, trafficking
  409  in flunitrazepam, trafficking in gamma-hydroxybutyric acid
  410  (GHB), trafficking in 1,4-Butanediol, trafficking in
  411  Phenethylamines, or other violation of s. 893.135(1); or
  412         r. Possession of a firearm by a felon
  413  
  414  and during the commission of the offense, such person actually
  415  possessed a “firearm” or “destructive device” as those terms are
  416  defined in s. 790.001, shall be sentenced to a minimum term of
  417  imprisonment of 10 years, except that a person who is convicted
  418  for aggravated assault, possession of a firearm by a felon, or
  419  burglary of a conveyance shall be sentenced to a minimum term of
  420  imprisonment of 3 years if such person possessed a “firearm” or
  421  “destructive device” during the commission of the offense.
  422  However, if an offender who is convicted of the offense of
  423  possession of a firearm by a felon has a previous conviction of
  424  committing or attempting to commit a felony listed in s.
  425  775.084(1)(b)1. and actually possessed a firearm or destructive
  426  device during the commission of the prior felony, the offender
  427  shall be sentenced to a minimum term of imprisonment of 10
  428  years.
  429         2. Any person who is convicted of a felony or an attempt to
  430  commit a felony listed in sub-subparagraphs (a)1.a.-q.,
  431  regardless of whether the use of a weapon is an element of the
  432  felony, and during the course of the commission of the felony
  433  such person discharged a “firearm” or “destructive device” as
  434  defined in s. 790.001 shall be sentenced to a minimum term of
  435  imprisonment of 20 years.
  436         3. Any person who is convicted of a felony or an attempt to
  437  commit a felony listed in sub-subparagraphs (a)1.a.-q.,
  438  regardless of whether the use of a weapon is an element of the
  439  felony, and during the course of the commission of the felony
  440  such person discharged a “firearm” or “destructive device” as
  441  defined in s. 790.001 and, as the result of the discharge, death
  442  or great bodily harm was inflicted upon any person, the
  443  convicted person shall be sentenced to a minimum term of
  444  imprisonment of not less than 25 years and not more than a term
  445  of imprisonment of life in prison.
  446         (3)(a)1. Any person who is convicted of a felony or an
  447  attempt to commit a felony, regardless of whether the use of a
  448  firearm is an element of the felony, and the conviction was for:
  449         a. Murder;
  450         b. Sexual battery;
  451         c. Robbery;
  452         d. Burglary;
  453         e. Arson;
  454         f. Aggravated assault;
  455         g. Aggravated battery;
  456         h. Kidnapping;
  457         i. Escape;
  458         j. Sale, manufacture, delivery, or intent to sell,
  459  manufacture, or deliver any controlled substance;
  460         k. Aircraft piracy;
  461         l. Aggravated child abuse;
  462         m. Aggravated abuse of an elderly person or disabled adult;
  463         n. Unlawful throwing, placing, or discharging of a
  464  destructive device or bomb;
  465         o. Carjacking;
  466         p. Home-invasion robbery;
  467         q. Aggravated stalking; or
  468         r. Trafficking in cannabis, trafficking in cocaine, capital
  469  importation of cocaine, trafficking in illegal drugs, capital
  470  importation of illegal drugs, trafficking in phencyclidine,
  471  capital importation of phencyclidine, trafficking in
  472  methaqualone, capital importation of methaqualone, trafficking
  473  in amphetamine, capital importation of amphetamine, trafficking
  474  in flunitrazepam, trafficking in gamma-hydroxybutyric acid
  475  (GHB), trafficking in 1,4-Butanediol, trafficking in
  476  Phenethylamines, or other violation of s. 893.135(1);
  477  
  478  and during the commission of the offense, such person possessed
  479  a semiautomatic firearm and its high-capacity detachable box
  480  magazine or a machine gun as defined in s. 790.001, shall be
  481  sentenced to a minimum term of imprisonment of 15 years.
  482         2. Any person who is convicted of a felony or an attempt to
  483  commit a felony listed in subparagraph (a)1., regardless of
  484  whether the use of a weapon is an element of the felony, and
  485  during the course of the commission of the felony such person
  486  discharged a semiautomatic firearm and its high-capacity box
  487  magazine or a “machine gun” as defined in s. 790.001 shall be
  488  sentenced to a minimum term of imprisonment of 20 years.
  489         3. Any person who is convicted of a felony or an attempt to
  490  commit a felony listed in subparagraph (a)1., regardless of
  491  whether the use of a weapon is an element of the felony, and
  492  during the course of the commission of the felony such person
  493  discharged a semiautomatic firearm and its high-capacity box
  494  magazine or a “machine gun” as defined in s. 790.001 and, as the
  495  result of the discharge, death or great bodily harm was
  496  inflicted upon any person, the convicted person shall be
  497  sentenced to a minimum term of imprisonment of not less than 25
  498  years and not more than a term of imprisonment of life in
  499  prison.
  500         Section 4. For the purpose of incorporating the amendment
  501  made by this act to section 893.135, Florida Statutes, in a
  502  reference thereto, paragraph (a) of subsection (1) and
  503  subsections (3) and (4) of section 782.04, Florida Statutes, are
  504  reenacted to read:
  505         782.04 Murder.—
  506         (1)(a) The unlawful killing of a human being:
  507         1. When perpetrated from a premeditated design to effect
  508  the death of the person killed or any human being;
  509         2. When committed by a person engaged in the perpetration
  510  of, or in the attempt to perpetrate, any:
  511         a. Trafficking offense prohibited by s. 893.135(1),
  512         b. Arson,
  513         c. Sexual battery,
  514         d. Robbery,
  515         e. Burglary,
  516         f. Kidnapping,
  517         g. Escape,
  518         h. Aggravated child abuse,
  519         i. Aggravated abuse of an elderly person or disabled adult,
  520         j. Aircraft piracy,
  521         k. Unlawful throwing, placing, or discharging of a
  522  destructive device or bomb,
  523         l. Carjacking,
  524         m. Home-invasion robbery,
  525         n. Aggravated stalking,
  526         o. Murder of another human being,
  527         p. Resisting an officer with violence to his or her person,
  528         q. Aggravated fleeing or eluding with serious bodily injury
  529  or death,
  530         r. Felony that is an act of terrorism or is in furtherance
  531  of an act of terrorism; or
  532         3. Which resulted from the unlawful distribution of any
  533  substance controlled under s. 893.03(1), cocaine as described in
  534  s. 893.03(2)(a)4., opium or any synthetic or natural salt,
  535  compound, derivative, or preparation of opium, or methadone by a
  536  person 18 years of age or older, when such drug is proven to be
  537  the proximate cause of the death of the user,
  538  
  539  is murder in the first degree and constitutes a capital felony,
  540  punishable as provided in s. 775.082.
  541         (3) When a human being is killed during the perpetration
  542  of, or during the attempt to perpetrate, any:
  543         (a) Trafficking offense prohibited by s. 893.135(1),
  544         (b) Arson,
  545         (c) Sexual battery,
  546         (d) Robbery,
  547         (e) Burglary,
  548         (f) Kidnapping,
  549         (g) Escape,
  550         (h) Aggravated child abuse,
  551         (i) Aggravated abuse of an elderly person or disabled
  552  adult,
  553         (j) Aircraft piracy,
  554         (k) Unlawful throwing, placing, or discharging of a
  555  destructive device or bomb,
  556         (l) Carjacking,
  557         (m) Home-invasion robbery,
  558         (n) Aggravated stalking,
  559         (o) Murder of another human being,
  560         (p) Aggravated fleeing or eluding with serious bodily
  561  injury or death,
  562         (q) Resisting an officer with violence to his or her
  563  person, or
  564         (r) Felony that is an act of terrorism or is in furtherance
  565  of an act of terrorism,
  566  
  567  by a person other than the person engaged in the perpetration of
  568  or in the attempt to perpetrate such felony, the person
  569  perpetrating or attempting to perpetrate such felony commits
  570  murder in the second degree, which constitutes a felony of the
  571  first degree, punishable by imprisonment for a term of years not
  572  exceeding life or as provided in s. 775.082, s. 775.083, or s.
  573  775.084.
  574         (4) The unlawful killing of a human being, when perpetrated
  575  without any design to effect death, by a person engaged in the
  576  perpetration of, or in the attempt to perpetrate, any felony
  577  other than any:
  578         (a) Trafficking offense prohibited by s. 893.135(1),
  579         (b) Arson,
  580         (c) Sexual battery,
  581         (d) Robbery,
  582         (e) Burglary,
  583         (f) Kidnapping,
  584         (g) Escape,
  585         (h) Aggravated child abuse,
  586         (i) Aggravated abuse of an elderly person or disabled
  587  adult,
  588         (j) Aircraft piracy,
  589         (k) Unlawful throwing, placing, or discharging of a
  590  destructive device or bomb,
  591         (l) Unlawful distribution of any substance controlled under
  592  s. 893.03(1), cocaine as described in s. 893.03(2)(a)4., or
  593  opium or any synthetic or natural salt, compound, derivative, or
  594  preparation of opium by a person 18 years of age or older, when
  595  such drug is proven to be the proximate cause of the death of
  596  the user,
  597         (m) Carjacking,
  598         (n) Home-invasion robbery,
  599         (o) Aggravated stalking,
  600         (p) Murder of another human being,
  601         (q) Aggravated fleeing or eluding with serious bodily
  602  injury or death,
  603         (r) Resisting an officer with violence to his or her
  604  person, or
  605         (s) Felony that is an act of terrorism or is in furtherance
  606  of an act of terrorism,
  607  
  608  is murder in the third degree and constitutes a felony of the
  609  second degree, punishable as provided in s. 775.082, s. 775.083,
  610  or s. 775.084.
  611         Section 5. This act shall take effect July 1, 2014.
  612  
  613  ================= T I T L E  A M E N D M E N T ================
  614  And the title is amended as follows:
  615         Delete everything before the enacting clause
  616  and insert:
  617                        A bill to be entitled                      
  618         An act relating to sentencing for controlled substance
  619         violations; amending s. 893.135, F.S.; providing that
  620         a person who knowingly sells, purchases, manufactures,
  621         delivers, or brings into this state specified
  622         quantities of hydrocodone or a mixture containing
  623         hydrocodone or who is knowingly in actual or
  624         constructive possession of specified quantities of
  625         hydrocodone or a mixture containing hydrocodone
  626         commits the offense of trafficking in hydrocodone;
  627         providing criminal penalties; providing that a person
  628         who knowingly sells, purchases, manufactures,
  629         delivers, or brings into this state specified
  630         quantities of oxycodone or a mixture containing
  631         oxycodone or who is knowingly in actual or
  632         constructive possession of specified quantities of
  633         oxycodone or a mixture containing oxycodone commits
  634         the offense of trafficking in oxycodone; providing
  635         criminal penalties; amending s. 921.0022, F.S.;
  636         ranking the offenses of trafficking in hydrocodone and
  637         trafficking in oxycodone for purposes of the criminal
  638         punishment code; reenacting s. 775.087(2)(a) and
  639         (3)(a), F.S., relating to mandatory minimum sentences
  640         for the possession or use of a weapon during the
  641         commission of certain offenses, to incorporate the
  642         amendments made to s. 893.135, F.S., in a reference
  643         thereto; reenacting s. 782.04(1)(a), (3), and (4),
  644         F.S., relating to the classification of a murder
  645         committed during the commission of certain offenses,
  646         to incorporate the amendments made to s. 893.135,
  647         F.S., in a reference thereto; providing an effective
  648         date.