House Bill hb1401

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    Florida House of Representatives - 2002                HB 1401

        By the Council for Healthy Communities and Representatives
    Fasano and Bilirakis





  1                      A bill to be entitled

  2         An act relating to sentencing; reenacting

  3         sections 9, 10, and 12 of chapter 99-188, Laws

  4         of Florida; amending s. 893.135, F.S.; defining

  5         the term "cannabis plant"; providing mandatory

  6         minimum prison terms and mandatory fine amounts

  7         for trafficking in cannabis, cocaine, illegal

  8         drugs, phencyclidine, methaqualone,

  9         amphetamine, or flunitrazepam; providing for

10         sentencing pursuant to the Criminal Punishment

11         Code of offenders convicted of trafficking in

12         specified quantities of cannabis; removing

13         weight caps for various trafficking offenses;

14         providing that an offender who is sentenced to

15         a mandatory minimum term upon conviction of

16         trafficking in specified quantities of

17         cannabis, cocaine, illegal drugs,

18         phencyclidine, methaqualone, amphetamine, or

19         flunitrazepam is not eligible for certain

20         discretionary early-release mechanisms prior to

21         serving the mandatory minimum sentence;

22         providing exceptions; providing penalties;

23         reenacting s. 397.451(7), F.S., relating to the

24         prohibition against dissemination of state

25         funds to service providers convicted of certain

26         offenses, s. 782.04(4)(a), F.S., relating to

27         murder, s. 893.1351(1), F.S., relating to lease

28         or rent for the purpose of trafficking in a

29         controlled substance, s. 903.133, F.S.,

30         relating to the prohibition against bail on

31         appeal for certain felony convictions, s.

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  1         907.041(4)(b), F.S., relating to pretrial

  2         detention and release, s. 921.0022(3)(g), (h),

  3         and (i), F.S., relating to the Criminal

  4         Punishment Code offense severity ranking chart,

  5         s. 921.0024(1)(b), F.S., relating to the

  6         Criminal Punishment Code worksheet computations

  7         and scoresheets, s. 921.142(2), F.S., relating

  8         to sentencing for capital drug trafficking

  9         felonies, s. 943.0585, F.S., relating to

10         court-ordered expunction of criminal history

11         records, and s. 943.059, F.S., relating to

12         court-ordered sealing of criminal history

13         records, to incorporate said amendment in

14         references; further amending s. 893.135, F.S.,

15         to incorporate the provisions of chapter

16         2000-320, Laws of Florida, which revised

17         certain penalties imposed for trafficking in

18         controlled substances, deleted certain

19         provisions requiring that an offender be

20         sentenced under the Criminal Punishment Code,

21         prohibited the sale, purchase, manufacture, or

22         delivery of gamma-hydroxybutyric acid (GHB),

23         1,4-Butanediol, various drugs known as

24         "Phenethylamines", and provided penalties;

25         further amending s. 893.135, F.S., to

26         incorporate the provisions of chapters 2001-55

27         and 2001-57, Laws of Florida, which provided

28         penalties for trafficking in certain mixtures

29         containing hydrocodone, clarified legislative

30         intent regarding the weighing of a mixture or

31         mixtures containing certain controlled

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  1         substances, created offenses for trafficking in

  2         Gamma-butyrolactone (GBL) and lysergic acid

  3         diethylamide (LSD), provided penalties, and

  4         amended scheduling references for trafficking

  5         in Gamma-hydroxybutyric acid (GHB) and 1,

  6         4-Butanediol; requiring the Governor to place

  7         public service announcements explaining the

  8         provisions of this act; providing for

  9         retroactive application of the reenacted

10         provisions; providing effective dates.

11

12         WHEREAS, in 1999 the Legislature adopted chapter

13  99-188, Laws of Florida, with the primary motivation of

14  reducing crime in this state and to protect the public from

15  violent criminals through the adoption of enhanced and

16  mandatory sentences for violent and repeat offenders, for

17  persons involved in drug-related crimes, committing aggravated

18  battery or aggravated assault on law enforcement personnel or

19  the elderly, and for persons committing criminal acts while in

20  prison or while having escaped from prison, and

21         WHEREAS, a three-judge panel of the District Court of

22  Appeal of Florida, Second District, has issued a nonfinal

23  opinion declaring chapter 99-188, Laws of Florida,

24  unconstitutional as a violation of the requirement in Section

25  6, Article III of the Florida Constitution that "every law

26  shall embrace but one subject and matter properly connected

27  therewith. . .", finding that the addition of two minor

28  provisions relating to burglary of railroad vehicles and the

29  provision of sentencing documents relative to aliens to the

30  Immigration and Naturalization Service were not matters

31

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  1  properly connected with the subject of the 1999 act, which was

  2  "sentencing," and

  3         WHEREAS, the nonfinal ruling on this matter was issued

  4  while the Legislature was in session, and

  5         WHEREAS, the Attorney General, on behalf of the people

  6  of the State of Florida, has indicated a determination to seek

  7  rehearing, en banc, of this matter, and

  8         WHEREAS, a final opinion by the District Court of

  9  Appeal of Florida, Second District, declaring chapter 99-188,

10  Laws of Florida, to have been in violation of Section 6,

11  Article III of the Florida Constitution would be subject to

12  appeal by the state to the Florida Supreme Court, and

13         WHEREAS, in its nonfinal ruling, the panel of the

14  District Court of Appeal of Florida, Second District, has

15  certified its decision as passing on two questions of great

16  public importance with respect to chapter 99-188, Laws of

17  Florida, further invoking the jurisdiction of the Florida

18  Supreme Court, and

19         WHEREAS, the final resolution as to the

20  constitutionality of chapter 99-188, Laws of Florida, remains

21  uncertain, and is unlikely to be finally determined by the

22  judicial system, while the 2002 legislative session is in

23  progress, and

24         WHEREAS, the legislative action to correct the effect

25  of this ruling forthwith is essential to public safety and

26  cannot await a final resolution by the District Court of

27  Appeal and the Florida Supreme Court, and

28         WHEREAS, the Legislature, only out of an abundance of

29  caution due to tentative posture of the law while it awaits

30  final resolution by the District Court of Appeal and the

31  Florida Supreme Court, has prepared five separate bills to

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  1  reenact selected provisions of chapter 99-188, Laws of

  2  Florida, all of which relate to the single general issue of

  3  sentencing in criminal cases, and

  4         WHEREAS, the Legislature does not intend the division

  5  of these bills relating to sentencing as any kind of

  6  legislative acknowledgement that said bills could not or

  7  should not be joined together in a single bill in full

  8  compliance with Section 6, Article III of the Florida

  9  Constitution, NOW THEREFORE,

10

11  Be It Enacted by the Legislature of the State of Florida:

12

13         Section 1.  Sections 9, 10, and 12 of chapter 99-188,

14  Laws of Florida, are reenacted to read:

15         Section 9.  Section 893.135, Florida Statutes, as

16  amended by section 23 of chapter 97-194, Laws of Florida, is

17  amended to read:

18         893.135  Trafficking; mandatory sentences; suspension

19  or reduction of sentences; conspiracy to engage in

20  trafficking.--

21         (1)  Except as authorized in this chapter or in chapter

22  499 and notwithstanding the provisions of s. 893.13:

23         (a)  Any person who knowingly sells, purchases,

24  manufactures, delivers, or brings into this state, or who is

25  knowingly in actual or constructive possession of, in excess

26  of 25 50 pounds of cannabis, or 300 or more cannabis plants,

27  commits a felony of the first degree, which felony shall be

28  known as "trafficking in cannabis." If the quantity of

29  cannabis involved:

30         1.  Is in excess of 25 50 pounds, but less than 2,000

31  pounds, or is 300 or more cannabis plants, but not more than

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  1  2,000 cannabis plants, such person shall be sentenced pursuant

  2  to the Criminal Punishment Code and such sentence shall

  3  include a mandatory minimum term of imprisonment of 3 years,

  4  and the defendant shall be ordered to pay a fine of $25,000.

  5         2.  Is 2,000 pounds or more, but less than 10,000

  6  pounds, or is 2,000 or more cannabis plants, but not more than

  7  10,000 cannabis plants, such person shall be sentenced

  8  pursuant to the Criminal Punishment Code and such sentence

  9  shall include a mandatory minimum term of imprisonment of 7

10  years, and the defendant shall be ordered to pay a fine of

11  $50,000.

12         3.  Is 10,000 pounds or more, or is 10,000 or more

13  cannabis plants, such person shall be sentenced to a mandatory

14  minimum term of imprisonment of 15 calendar years and pay a

15  fine of $200,000.

16

17  For the purpose of this paragraph, a plant, including, but not

18  limited to, a seedling or cutting, is a "cannabis plant" if it

19  has some readily observable evidence of root formation, such

20  as root hairs. To determine if a piece or part of a cannabis

21  plant severed from the cannabis plant is itself a cannabis

22  plant, the severed piece or part must have some readily

23  observable evidence of root formation, such as root hairs.

24  Callous tissue is not readily observable evidence of root

25  formation. The viability and sex of a plant and the fact that

26  the plant may or may not be a dead harvested plant are not

27  relevant in determining if the plant is a "cannabis plant" or

28  in the charging of an offense under this paragraph. Upon

29  conviction, the court shall impose the longest term of

30  imprisonment provided for in this paragraph.

31

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  1         (b)1.  Any person who knowingly sells, purchases,

  2  manufactures, delivers, or brings into this state, or who is

  3  knowingly in actual or constructive possession of, 28 grams or

  4  more of cocaine, as described in s. 893.03(2)(a)4., or of any

  5  mixture containing cocaine, but less than 150 kilograms of

  6  cocaine or any such mixture, commits a felony of the first

  7  degree, which felony shall be known as "trafficking in

  8  cocaine."  If the quantity involved:

  9         a.  Is 28 grams or more, but less than 200 grams, such

10  person shall be sentenced pursuant to the Criminal Punishment

11  Code and such sentence shall include a mandatory minimum term

12  of imprisonment of 3 years, and the defendant shall be ordered

13  to pay a fine of $50,000.

14         b.  Is 200 grams or more, but less than 400 grams, such

15  person shall be sentenced pursuant to the Criminal Punishment

16  Code and such sentence shall include a mandatory minimum term

17  of imprisonment of 7 years, and the defendant shall be ordered

18  to pay a fine of $100,000.

19         c.  Is 400 grams or more, but less than 150 kilograms,

20  such person shall be sentenced to a mandatory minimum term of

21  imprisonment of 15 calendar years and pay a fine of $250,000.

22         2.  Any person who knowingly sells, purchases,

23  manufactures, delivers, or brings into this state, or who is

24  knowingly in actual or constructive possession of, 150

25  kilograms or more, but less than 300 kilograms, of cocaine, as

26  described in s. 893.03(2)(a)4., commits the first degree

27  felony of trafficking in cocaine. A person who has been

28  convicted of the first degree felony of trafficking in cocaine

29  under this subparagraph shall be punished by life imprisonment

30  and is ineligible for any form of discretionary early release

31  except pardon or executive clemency or conditional medical

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  1  release under s. 947.149. However, if the court determines

  2  that, in addition to committing any act specified in this

  3  paragraph:

  4         a.  The person intentionally killed an individual or

  5  counseled, commanded, induced, procured, or caused the

  6  intentional killing of an individual and such killing was the

  7  result; or

  8         b.  The person's conduct in committing that act led to

  9  a natural, though not inevitable, lethal result,

10

11  such person commits the capital felony of trafficking in

12  cocaine, punishable as provided in ss. 775.082 and 921.142.

13  Any person sentenced for a capital felony under this paragraph

14  shall also be sentenced to pay the maximum fine provided under

15  subparagraph 1.

16         3.  Any person who knowingly brings into this state 300

17  kilograms or more of cocaine, as described in s.

18  893.03(2)(a)4., and who knows that the probable result of such

19  importation would be the death of any person, commits capital

20  importation of cocaine, a capital felony punishable as

21  provided in ss. 775.082 and 921.142. Any person sentenced for

22  a capital felony under this paragraph shall also be sentenced

23  to pay the maximum fine provided under subparagraph 1.

24         (c)1.  Any person who knowingly sells, purchases,

25  manufactures, delivers, or brings into this state, or who is

26  knowingly in actual or constructive possession of, 4 grams or

27  more of any morphine, opium, oxycodone, hydrocodone,

28  hydromorphone, or any salt, derivative, isomer, or salt of an

29  isomer thereof, including heroin, as described in s.

30  893.03(1)(b) or (2)(a), or 4 grams or more of any mixture

31  containing any such substance, but less than 30 kilograms of

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  1  such substance or mixture, commits a felony of the first

  2  degree, which felony shall be known as "trafficking in illegal

  3  drugs."  If the quantity involved:

  4         a.  Is 4 grams or more, but less than 14 grams, such

  5  person shall be sentenced pursuant to the Criminal Punishment

  6  Code and such sentence shall include a mandatory minimum term

  7  of imprisonment of 3 years, and the defendant shall be ordered

  8  to pay a fine of $50,000.

  9         b.  Is 14 grams or more, but less than 28 grams, such

10  person shall be sentenced pursuant to the Criminal Punishment

11  Code and such sentence shall include a mandatory minimum term

12  of imprisonment of 15 years, and the defendant shall be

13  ordered to pay a fine of $100,000.

14         c.  Is 28 grams or more, but less than 30 kilograms,

15  such person shall be sentenced to a mandatory minimum term of

16  imprisonment of 25 calendar years and pay a fine of $500,000.

17         2.  Any person who knowingly sells, purchases,

18  manufactures, delivers, or brings into this state, or who is

19  knowingly in actual or constructive possession of, 30

20  kilograms or more, but less than 60 kilograms, of any

21  morphine, opium, oxycodone, hydrocodone, hydromorphone, or any

22  salt, derivative, isomer, or salt of an isomer thereof,

23  including heroin, as described in s. 893.03(1)(b) or (2)(a),

24  or 30 kilograms or more, but less than 60 kilograms, of any

25  mixture containing any such substance, commits the first

26  degree felony of trafficking in illegal drugs. A person who

27  has been convicted of the first degree felony of trafficking

28  in illegal drugs under this subparagraph shall be punished by

29  life imprisonment and is ineligible for any form of

30  discretionary early release except pardon or executive

31  clemency or conditional medical release under s. 947.149.

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  1  However, if the court determines that, in addition to

  2  committing any act specified in this paragraph:

  3         a.  The person intentionally killed an individual or

  4  counseled, commanded, induced, procured, or caused the

  5  intentional killing of an individual and such killing was the

  6  result; or

  7         b.  The person's conduct in committing that act led to

  8  a natural, though not inevitable, lethal result,

  9

10  such person commits the capital felony of trafficking in

11  illegal drugs, punishable as provided in ss. 775.082 and

12  921.142.  Any person sentenced for a capital felony under this

13  paragraph shall also be sentenced to pay the maximum fine

14  provided under subparagraph 1.

15         3.  Any person who knowingly brings into this state 60

16  kilograms or more of any morphine, opium, oxycodone,

17  hydrocodone, hydromorphone, or any salt, derivative, isomer,

18  or salt of an isomer thereof, including heroin, as described

19  in s. 893.03(1)(b) or (2)(a), or 60 kilograms or more of any

20  mixture containing any such substance, and who knows that the

21  probable result of such importation would be the death of any

22  person, commits capital importation of illegal drugs, a

23  capital felony punishable as provided in ss. 775.082 and

24  921.142. Any person sentenced for a capital felony under this

25  paragraph shall also be sentenced to pay the maximum fine

26  provided under subparagraph 1.

27         (d)1.  Any person who knowingly sells, purchases,

28  manufactures, delivers, or brings into this state, or who is

29  knowingly in actual or constructive possession of, 28 grams or

30  more of phencyclidine or of any mixture containing

31  phencyclidine, as described in s. 893.03(2)(b), commits a

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  1  felony of the first degree, which felony shall be known as

  2  "trafficking in phencyclidine." If the quantity involved:

  3         a.  Is 28 grams or more, but less than 200 grams, such

  4  person shall be sentenced pursuant to the Criminal Punishment

  5  Code and such sentence shall include a mandatory minimum term

  6  of imprisonment of 3 years, and the defendant shall be ordered

  7  to pay a fine of $50,000.

  8         b.  Is 200 grams or more, but less than 400 grams, such

  9  person shall be sentenced pursuant to the Criminal Punishment

10  Code and such sentence shall include a mandatory minimum term

11  of imprisonment of 7 years, and the defendant shall be ordered

12  to pay a fine of $100,000.

13         c.  Is 400 grams or more, but less than 800 grams, such

14  person shall be sentenced to a mandatory minimum term of

15  imprisonment of 15 calendar years and pay a fine of $250,000.

16         2.  Any person who knowingly brings into this state 800

17  grams or more of phencyclidine or of any mixture containing

18  phencyclidine, as described in s. 893.03(2)(b), and who knows

19  that the probable result of such importation would be the

20  death of any person commits capital importation of

21  phencyclidine, a capital felony punishable as provided in ss.

22  775.082 and 921.142. Any person sentenced for a capital felony

23  under this paragraph shall also be sentenced to pay the

24  maximum fine provided under subparagraph 1.

25         (e)1.  Any person who knowingly sells, purchases,

26  manufactures, delivers, or brings into this state, or who is

27  knowingly in actual or constructive possession of, 200 grams

28  or more of methaqualone or of any mixture containing

29  methaqualone, as described in s. 893.03(1)(d), commits a

30  felony of the first degree, which felony shall be known as

31  "trafficking in methaqualone." If the quantity involved:

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  1         a.  Is 200 grams or more, but less than 5 kilograms,

  2  such person shall be sentenced pursuant to the Criminal

  3  Punishment Code and such sentence shall include a mandatory

  4  minimum term of imprisonment of 3 years, and the defendant

  5  shall be ordered to pay a fine of $50,000.

  6         b.  Is 5 kilograms or more, but less than 25 kilograms,

  7  such person shall be sentenced pursuant to the Criminal

  8  Punishment Code and such sentence shall include a mandatory

  9  minimum term of imprisonment of 7 years, and the defendant

10  shall be ordered to pay a fine of $100,000.

11         c.  Is 25 kilograms or more, but less than 50

12  kilograms, such person shall be sentenced to a mandatory

13  minimum term of imprisonment of 15 calendar years and pay a

14  fine of $250,000.

15         2.  Any person who knowingly brings into this state 50

16  kilograms or more of methaqualone or of any mixture containing

17  methaqualone, as described in s. 893.03(1)(d), and who knows

18  that the probable result of such importation would be the

19  death of any person commits capital importation of

20  methaqualone, a capital felony punishable as provided in ss.

21  775.082 and 921.142. Any person sentenced for a capital felony

22  under this paragraph shall also be sentenced to pay the

23  maximum fine provided under subparagraph 1.

24         (f)1.  Any person who knowingly sells, purchases,

25  manufactures, delivers, or brings into this state, or who is

26  knowingly in actual or constructive possession of, 14 grams or

27  more of amphetamine, as described in s. 893.03(2)(c)2., or

28  methamphetamine, as described in s. 893.03(2)(c)4., or of any

29  mixture containing amphetamine or methamphetamine, or

30  phenylacetone, phenylacetic acid, or ephedrine in conjunction

31  with other chemicals and equipment utilized in the manufacture

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  1  of amphetamine or methamphetamine, commits a felony of the

  2  first degree, which felony shall be known as "trafficking in

  3  amphetamine."  If the quantity involved:

  4         a.  Is 14 grams or more, but less than 28 grams, such

  5  person shall be sentenced pursuant to the Criminal Punishment

  6  Code and such sentence shall include a mandatory minimum term

  7  of imprisonment of 3 years, and the defendant shall be ordered

  8  to pay a fine of $50,000.

  9         b.  Is 28 grams or more, but less than 200 grams, such

10  person shall be sentenced pursuant to the Criminal Punishment

11  Code and such sentence shall include a mandatory minimum term

12  of imprisonment of 7 years and the defendant shall be ordered

13  to pay a fine of $100,000.

14         c.  Is 200 grams or more, but less than 400 grams, such

15  person shall be sentenced to a mandatory minimum term of

16  imprisonment of 15 calendar years and pay a fine of $250,000.

17         2.  Any person who knowingly brings into this state 400

18  grams or more of amphetamine, as described in s.

19  893.03(2)(c)2., or methamphetamine, as described in s.

20  893.03(2)(c)4., or of any mixture containing amphetamine or

21  methamphetamine, or phenylacetone, phenylacetic acid, or

22  ephedrine in conjunction with other chemicals and equipment

23  utilized in the manufacture of amphetamine or methamphetamine,

24  and who knows that the probable result of such importation

25  would be the death of any person commits capital importation

26  of amphetamine, a capital felony punishable as provided in ss.

27  775.082 and 921.142. Any person sentenced for a capital felony

28  under this paragraph shall also be sentenced to pay the

29  maximum fine provided under subparagraph 1.

30         (g)1.  Any person who knowingly sells, purchases,

31  manufactures, delivers, or brings into this state, or who is

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  1  knowingly in actual or constructive possession of, 4 grams or

  2  more of flunitrazepam or any mixture containing flunitrazepam

  3  as described in s. 893.03(1)(a) commits a felony of the first

  4  degree, which felony shall be known as "trafficking in

  5  flunitrazepam."  If the quantity involved:

  6         a.  Is 4 grams or more but less than 14 grams, such

  7  person shall be sentenced pursuant to the Criminal Punishment

  8  Code and such sentence shall include a mandatory minimum term

  9  of imprisonment of 3 years and the defendant shall be ordered

10  to sentencing guidelines and pay a fine of $50,000.

11         b.  Is 14 grams or more but less than 28 grams, such

12  person shall be sentenced pursuant to the Criminal Punishment

13  Code and such sentence shall include a mandatory minimum term

14  of imprisonment of 7 years, and the defendant shall be ordered

15  to sentencing guidelines and pay a fine of $100,000.

16         c.  Is 28 grams or more but less than 30 kilograms,

17  such person shall be sentenced to a mandatory minimum term of

18  imprisonment of 25 calendar years and pay a fine of $500,000.

19         2.  Any person who knowingly sells, purchases,

20  manufactures, delivers, or brings into this state or who is

21  knowingly in actual or constructive possession of 30 kilograms

22  or more of flunitrazepam or any mixture containing

23  flunitrazepam as described in s. 893.03(1)(a) commits the

24  first degree felony of trafficking in flunitrazepam.  A person

25  who has been convicted of the first degree felony of

26  trafficking in flunitrazepam under this subparagraph shall be

27  punished by life imprisonment and is ineligible for any form

28  of discretionary early release except pardon or executive

29  clemency or conditional medical release under s. 947.149.

30  However, if the court determines that, in addition to

31  committing any act specified in this paragraph:

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  1         a.  The person intentionally killed an individual or

  2  counseled, commanded, induced, procured, or caused the

  3  intentional killing of an individual and such killing was the

  4  result; or

  5         b.  The person's conduct in committing that act led to

  6  a natural, though not inevitable, lethal result,

  7

  8  such person commits the capital felony of trafficking in

  9  flunitrazepam, punishable as provided in ss. 775.082 and

10  921.142.  Any person sentenced for a capital felony under this

11  paragraph shall also be sentenced to pay the maximum fine

12  provided under subparagraph 1.

13         (2)  A person acts knowingly under subsection (1) if

14  that person intends to sell, purchase, manufacture, deliver,

15  or bring into this state, or to actually or constructively

16  possess, any of the controlled substances listed in subsection

17  (1), regardless of which controlled substance listed in

18  subsection (1) is in fact sold, purchased, manufactured,

19  delivered, or brought into this state, or actually or

20  constructively possessed.

21         (3)  Notwithstanding the provisions of s. 948.01, with

22  respect to any person who is found to have violated this

23  section, adjudication of guilt or imposition of sentence shall

24  not be suspended, deferred, or withheld, nor shall such person

25  be eligible for parole prior to serving the mandatory minimum

26  term of imprisonment prescribed by this section. A person

27  sentenced to a mandatory minimum term of imprisonment under

28  this section is not eligible for any form of discretionary

29  early release, except pardon or executive clemency or

30  conditional medical release under s. 947.149, prior to serving

31  the mandatory minimum term of imprisonment.

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  1         (4)  The state attorney may move the sentencing court

  2  to reduce or suspend the sentence of any person who is

  3  convicted of a violation of this section and who provides

  4  substantial assistance in the identification, arrest, or

  5  conviction of any of that person's accomplices, accessories,

  6  coconspirators, or principals or of any other person engaged

  7  in trafficking in controlled substances.  The arresting agency

  8  shall be given an opportunity to be heard in aggravation or

  9  mitigation in reference to any such motion.  Upon good cause

10  shown, the motion may be filed and heard in camera.  The judge

11  hearing the motion may reduce or suspend the sentence if the

12  judge finds that the defendant rendered such substantial

13  assistance.

14         (5)  Any person who agrees, conspires, combines, or

15  confederates with another person to commit any act prohibited

16  by subsection (1) commits a felony of the first degree and is

17  punishable as if he or she had actually committed such

18  prohibited act. Nothing in this subsection shall be construed

19  to prohibit separate convictions and sentences for a violation

20  of this subsection and any violation of subsection (1).

21         Section 10.  For the purpose of incorporating the

22  amendment to section 893.135, Florida Statutes, in references

23  thereto, the following sections or subdivisions of Florida

24  Statutes, or Florida Statutes, 1998 Supplement, are reenacted

25  to read:

26         397.451  Background checks of service provider

27  personnel who have direct contact with unmarried minor clients

28  or clients who are developmentally disabled.--

29         (7)  DISQUALIFICATION FROM RECEIVING STATE

30  FUNDS.--State funds may not be disseminated to any service

31  provider owned or operated by an owner or director who has

                                  16

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  1  been convicted of, has entered a plea of guilty or nolo

  2  contendere to, or has had adjudication withheld for, a

  3  violation of s. 893.135 pertaining to trafficking in

  4  controlled substances, or a violation of the law of another

  5  state, the District of Columbia, the United States or any

  6  possession or territory thereof, or any foreign jurisdiction

  7  which is substantially similar in elements and penalties to a

  8  trafficking offense in this state, unless the owner's or

  9  director's civil rights have been restored.

10         782.04  Murder.--

11         (4)  The unlawful killing of a human being, when

12  perpetrated without any design to effect death, by a person

13  engaged in the perpetration of, or in the attempt to

14  perpetrate, any felony other than any:

15         (a)  Trafficking offense prohibited by s. 893.135(1),

16

17  is murder in the third degree and constitutes a felony of the

18  second degree, punishable as provided in s. 775.082, s.

19  775.083, or s. 775.084.

20         893.1351  Lease or rent for the purpose of trafficking

21  in a controlled substance.--

22         (1)  A person may not lease or rent any place,

23  structure, or part thereof, trailer, or other conveyance, with

24  the knowledge that such place, structure, trailer, or

25  conveyance will be used for the purpose of trafficking in a

26  controlled substance, as provided in s. 893.135, or the sale

27  of a controlled substance, as provided in s. 893.13.

28         903.133  Bail on appeal; prohibited for certain felony

29  convictions.--Notwithstanding the provisions of s. 903.132, no

30  person adjudged guilty of a felony of the first degree for a

31  violation of s. 782.04(2) or (3), s. 787.01, s. 794.011(4), s.

                                  17

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  1  806.01, s. 893.13, or s. 893.135, or adjudged guilty of a

  2  violation of s. 794.011(2) or (3), shall be admitted to bail

  3  pending review either by posttrial motion or appeal.

  4         907.041  Pretrial detention and release.--

  5         (4)  PRETRIAL DETENTION.--

  6         (b)  The court may order pretrial detention if it finds

  7  a substantial probability, based on a defendant's past and

  8  present patterns of behavior, the criteria in s. 903.046, and

  9  any other relevant facts, that:

10         1.  The defendant has previously violated conditions of

11  release and that no further conditions of release are

12  reasonably likely to assure the defendant's appearance at

13  subsequent proceedings;

14         2.  The defendant, with the intent to obstruct the

15  judicial process, has threatened, intimidated, or injured any

16  victim, potential witness, juror, or judicial officer, or has

17  attempted or conspired to do so, and that no condition of

18  release will reasonably prevent the obstruction of the

19  judicial process;

20         3.  The defendant is charged with trafficking in

21  controlled substances as defined by s. 893.135, that there is

22  a substantial probability that the defendant has committed the

23  offense, and that no conditions of release will reasonably

24  assure the defendant's appearance at subsequent criminal

25  proceedings; or

26         4.  The defendant poses the threat of harm to the

27  community.  The court may so conclude if it finds that the

28  defendant is presently charged with a dangerous crime, that

29  there is a substantial probability that the defendant

30  committed such crime, that the factual circumstances of the

31  crime indicate a disregard for the safety of the community,

                                  18

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  1  and that there are no conditions of release reasonably

  2  sufficient to protect the community from the risk of physical

  3  harm to persons. In addition, the court must find that at

  4  least one of the following conditions is present:

  5         a.  The defendant has previously been convicted of a

  6  crime punishable by death or life imprisonment.

  7         b.  The defendant has been convicted of a dangerous

  8  crime within the 10 years immediately preceding the date of

  9  his or her arrest for the crime presently charged.

10         c.  The defendant is on probation, parole, or other

11  release pending completion of sentence or on pretrial release

12  for a dangerous crime at the time of the current arrest.

13         921.0022  Criminal Punishment Code; offense severity

14  ranking chart.--

15         (3)  OFFENSE SEVERITY RANKING CHART

16

17

18  Florida           Felony

19  Statute           Degree             Description

20

21

22

23                              (g)  LEVEL 7

24  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

25                              injury.

26  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

27                              bodily injury.

28  409.920(2)         3rd      Medicaid provider fraud.

29

30

31

                                  19

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  1  494.0018(2)        1st      Conviction of any violation of

  2                              ss. 494.001-494.0077 in which the

  3                              total money and property

  4                              unlawfully obtained exceeded

  5                              $50,000 and there were five or

  6                              more victims.

  7  782.051(3)         2nd      Attempted felony murder of a

  8                              person by a person other than the

  9                              perpetrator or the perpetrator of

10                              an attempted felony.

11  782.07(1)          2nd      Killing of a human being by the

12                              act, procurement, or culpable

13                              negligence of another

14                              (manslaughter).

15  782.071            3rd      Killing of human being or viable

16                              fetus by the operation of a motor

17                              vehicle in a reckless manner

18                              (vehicular homicide).

19  782.072            3rd      Killing of a human being by the

20                              operation of a vessel in a

21                              reckless manner (vessel

22                              homicide).

23  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

24                              causing great bodily harm or

25                              disfigurement.

26  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

27                              weapon.

28  784.045(1)(b)      2nd      Aggravated battery; perpetrator

29                              aware victim pregnant.

30  784.048(4)         3rd      Aggravated stalking; violation of

31                              injunction or court order.

                                  20

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  1  784.07(2)(d)       1st      Aggravated battery on law

  2                              enforcement officer.

  3  784.08(2)(a)       1st      Aggravated battery on a person 65

  4                              years of age or older.

  5  784.081(1)         1st      Aggravated battery on specified

  6                              official or employee.

  7  784.082(1)         1st      Aggravated battery by detained

  8                              person on visitor or other

  9                              detainee.

10  784.083(1)         1st      Aggravated battery on code

11                              inspector.

12  790.07(4)          1st      Specified weapons violation

13                              subsequent to previous conviction

14                              of s. 790.07(1) or (2).

15  790.16(1)          1st      Discharge of a machine gun under

16                              specified circumstances.

17  796.03             2nd      Procuring any person under 16

18                              years for prostitution.

19  800.04             2nd      Handle, fondle, or assault child

20                              under 16 years in lewd,

21                              lascivious, or indecent manner.

22  806.01(2)          2nd      Maliciously damage structure by

23                              fire or explosive.

24  810.02(3)(a)       2nd      Burglary of occupied dwelling;

25                              unarmed; no assault or battery.

26  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

27                              unarmed; no assault or battery.

28  810.02(3)(d)       2nd      Burglary of occupied conveyance;

29                              unarmed; no assault or battery.

30

31

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  1  812.014(2)(a)      1st      Property stolen, valued at

  2                              $100,000 or more; property stolen

  3                              while causing other property

  4                              damage; 1st degree grand theft.

  5  812.019(2)         1st      Stolen property; initiates,

  6                              organizes, plans, etc., the theft

  7                              of property and traffics in

  8                              stolen property.

  9  812.133(2)(b)      1st      Carjacking; no firearm, deadly

10                              weapon, or other weapon.

11  825.102(3)(b)      2nd      Neglecting an elderly person or

12                              disabled adult causing great

13                              bodily harm, disability, or

14                              disfigurement.

15  825.1025(2)        2nd      Lewd or lascivious battery upon

16                              an elderly person or disabled

17                              adult.

18  825.103(2)(b)      2nd      Exploiting an elderly person or

19                              disabled adult and property is

20                              valued at $20,000 or more, but

21                              less than $100,000.

22  827.03(3)(b)       2nd      Neglect of a child causing great

23                              bodily harm, disability, or

24                              disfigurement.

25  827.04(4)          3rd      Impregnation of a child under 16

26                              years of age by person 21 years

27                              of age or older.

28  837.05(2)          3rd      Giving false information about

29                              alleged capital felony to a law

30                              enforcement officer.

31  872.06             2nd      Abuse of a dead human body.

                                  22

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  1  893.13(1)(c)1.     1st      Sell, manufacture, or deliver

  2                              cocaine (or other drug prohibited

  3                              under s. 893.03(1)(a), (1)(b),

  4                              (1)(d), (2)(a), or (2)(b)) within

  5                              1,000 feet of a child care

  6                              facility or school.

  7  893.13(1)(e)       1st      Sell, manufacture, or deliver

  8                              cocaine or other drug prohibited

  9                              under s. 893.03(1)(a), (1)(b),

10                              (1)(d), (2)(a), or (2)(b), within

11                              1,000 feet of property used for

12                              religious services or a specified

13                              business site.

14  893.13(4)(a)       1st      Deliver to minor cocaine (or

15                              other s. 893.03(1)(a), (1)(b),

16                              (1)(d), (2)(a), or (2)(b) drugs).

17  893.135(1)(a)1.    1st      Trafficking in cannabis, more

18                              than 50 lbs., less than 2,000

19                              lbs.

20  893.135

21   (1)(b)1.a.        1st      Trafficking in cocaine, more than

22                              28 grams, less than 200 grams.

23  893.135

24   (1)(c)1.a.        1st      Trafficking in illegal drugs,

25                              more than 4 grams, less than 14

26                              grams.

27  893.135

28   (1)(d)1.          1st      Trafficking in phencyclidine,

29                              more than 28 grams, less than 200

30                              grams.

31

                                  23

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  1  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

  2                              than 200 grams, less than 5

  3                              kilograms.

  4  893.135(1)(f)1.    1st      Trafficking in amphetamine, more

  5                              than 14 grams, less than 28

  6                              grams.

  7  893.135

  8   (1)(g)1.a.        1st      Trafficking in flunitrazepam, 4

  9                              grams or more, less than 14

10                              grams.

11                              (h)  LEVEL 8

12  316.193

13   (3)(c)3.a.        2nd      DUI manslaughter.

14  327.35(3)(c)3.     2nd      Vessel BUI manslaughter.

15  777.03(2)(a)       1st      Accessory after the fact, capital

16                              felony.

17  782.04(4)          2nd      Killing of human without design

18                              when engaged in act or attempt of

19                              any felony other than arson,

20                              sexual battery, robbery,

21                              burglary, kidnapping, aircraft

22                              piracy, or unlawfully discharging

23                              bomb.

24  782.051(2)         1st      Attempted felony murder while

25                              perpetrating or attempting to

26                              perpetrate a felony not

27                              enumerated in s. 782.04(3).

28  782.071(2)         2nd      Committing vehicular homicide and

29                              failing to render aid or give

30                              information.

31

                                  24

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  1  782.072(2)         2nd      Committing vessel homicide and

  2                              failing to render aid or give

  3                              information.

  4  790.161(3)         1st      Discharging a destructive device

  5                              which results in bodily harm or

  6                              property damage.

  7  794.011(5)         2nd      Sexual battery, victim 12 years

  8                              or over, offender does not use

  9                              physical force likely to cause

10                              serious injury.

11  806.01(1)          1st      Maliciously damage dwelling or

12                              structure by fire or explosive,

13                              believing person in structure.

14  810.02(2)(a)       1st,PBL  Burglary with assault or battery.

15  810.02(2)(b)       1st,PBL  Burglary; armed with explosives

16                              or dangerous weapon.

17  810.02(2)(c)       1st      Burglary of a dwelling or

18                              structure causing structural

19                              damage or $1,000 or more property

20                              damage.

21  812.13(2)(b)       1st      Robbery with a weapon.

22  812.135(2)         1st      Home-invasion robbery.

23  825.102(2)         2nd      Aggravated abuse of an elderly

24                              person or disabled adult.

25  825.103(2)(a)      1st      Exploiting an elderly person or

26                              disabled adult and property is

27                              valued at $100,000 or more.

28  827.03(2)          2nd      Aggravated child abuse.

29  837.02(2)          2nd      Perjury in official proceedings

30                              relating to prosecution of a

31                              capital felony.

                                  25

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  1  837.021(2)         2nd      Making contradictory statements

  2                              in official proceedings relating

  3                              to prosecution of a capital

  4                              felony.

  5  860.121(2)(c)      1st      Shooting at or throwing any

  6                              object in path of railroad

  7                              vehicle resulting in great bodily

  8                              harm.

  9  860.16             1st      Aircraft piracy.

10  893.13(1)(b)       1st      Sell or deliver in excess of 10

11                              grams of any substance specified

12                              in s. 893.03(1)(a) or (b).

13  893.13(2)(b)       1st      Purchase in excess of 10 grams of

14                              any substance specified in s.

15                              893.03(1)(a) or (b).

16  893.13(6)(c)       1st      Possess in excess of 10 grams of

17                              any substance specified in s.

18                              893.03(1)(a) or (b).

19  893.135(1)(a)2.    1st      Trafficking in cannabis, more

20                              than 2,000 lbs., less than 10,000

21                              lbs.

22  893.135

23   (1)(b)1.b.        1st      Trafficking in cocaine, more than

24                              200 grams, less than 400 grams.

25  893.135

26   (1)(c)1.b.        1st      Trafficking in illegal drugs,

27                              more than 14 grams, less than 28

28                              grams.

29

30

31

                                  26

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  1  893.135

  2   (1)(d)1.b.        1st      Trafficking in phencyclidine,

  3                              more than 200 grams, less than

  4                              400 grams.

  5  893.135

  6   (1)(e)1.b.        1st      Trafficking in methaqualone, more

  7                              than 5 kilograms, less than 25

  8                              kilograms.

  9  893.135

10   (1)(f)1.b.        1st      Trafficking in amphetamine, more

11                              than 28 grams, less than 200

12                              grams.

13  893.135

14  (1)(g)1.b.         1st      Trafficking in flunitrazepam, 14

15                              grams or more, less than 28

16                              grams.

17  895.03(1)          1st      Use or invest proceeds derived

18                              from pattern of racketeering

19                              activity.

20  895.03(2)          1st      Acquire or maintain through

21                              racketeering activity any

22                              interest in or control of any

23                              enterprise or real property.

24  895.03(3)          1st      Conduct or participate in any

25                              enterprise through pattern of

26                              racketeering activity.

27                              (i)  LEVEL 9

28  316.193

29   (3)(c)3.b.        1st      DUI manslaughter; failing to

30                              render aid or give information.

31

                                  27

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  1  782.04(1)          1st      Attempt, conspire, or solicit to

  2                              commit premeditated murder.

  3  782.04(3)          1st,PBL  Accomplice to murder in

  4                              connection with arson, sexual

  5                              battery, robbery, burglary, and

  6                              other specified felonies.

  7  782.051(1)         1st      Attempted felony murder while

  8                              perpetrating or attempting to

  9                              perpetrate a felony enumerated in

10                              s. 782.04(3).

11  782.07(2)          1st      Aggravated manslaughter of an

12                              elderly person or disabled adult.

13  782.07(3)          1st      Aggravated manslaughter of a

14                              child.

15  787.01(1)(a)1.     1st,PBL  Kidnapping; hold for ransom or

16                              reward or as a shield or hostage.

17  787.01(1)(a)2.     1st,PBL  Kidnapping with intent to commit

18                              or facilitate commission of any

19                              felony.

20  787.01(1)(a)4.     1st,PBL  Kidnapping with intent to

21                              interfere with performance of any

22                              governmental or political

23                              function.

24  787.02(3)(a)       1st      False imprisonment; child under

25                              age 13; perpetrator also commits

26                              child abuse, sexual battery,

27                              lewd, or lascivious act, etc.

28  790.161            1st      Attempted capital destructive

29                              device offense.

30  794.011(2)         1st      Attempted sexual battery; victim

31                              less than 12 years of age.

                                  28

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  1  794.011(2)         Life     Sexual battery; offender younger

  2                              than 18 years and commits sexual

  3                              battery on a person less than 12

  4                              years.

  5  794.011(4)         1st      Sexual battery; victim 12 years

  6                              or older, certain circumstances.

  7  794.011(8)(b)      1st      Sexual battery; engage in sexual

  8                              conduct with minor 12 to 18 years

  9                              by person in familial or

10                              custodial authority.

11  812.13(2)(a)       1st,PBL  Robbery with firearm or other

12                              deadly weapon.

13  812.133(2)(a)      1st,PBL  Carjacking; firearm or other

14                              deadly weapon.

15  847.0145(1)        1st      Selling, or otherwise

16                              transferring custody or control,

17                              of a minor.

18  847.0145(2)        1st      Purchasing, or otherwise

19                              obtaining custody or control, of

20                              a minor.

21  859.01             1st      Poisoning food, drink, medicine,

22                              or water with intent to kill or

23                              injure another person.

24  893.135            1st      Attempted capital trafficking

25                              offense.

26  893.135(1)(a)3.    1st      Trafficking in cannabis, more

27                              than 10,000 lbs.

28  893.135

29   (1)(b)1.c.        1st      Trafficking in cocaine, more than

30                              400 grams, less than 150

31                              kilograms.

                                  29

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  1  893.135

  2   (1)(c)1.c.        1st      Trafficking in illegal drugs,

  3                              more than 28 grams, less than 30

  4                              kilograms.

  5  893.135

  6   (1)(d)1.c.        1st      Trafficking in phencyclidine,

  7                              more than 400 grams.

  8  893.135

  9   (1)(e)1.c.        1st      Trafficking in methaqualone, more

10                              than 25 kilograms.

11  893.135

12   (1)(f)1.c.        1st      Trafficking in amphetamine, more

13                              than 200 grams.

14                              (j)  LEVEL 10

15  782.04(2)          1st,PBL  Unlawful killing of human; act is

16                              homicide, unpremeditated.

17  787.01(1)(a)3.     1st,PBL  Kidnapping; inflict bodily harm

18                              upon or terrorize victim.

19  787.01(3)(a)       Life     Kidnapping; child under age 13,

20                              perpetrator also commits child

21                              abuse, sexual battery, lewd, or

22                              lascivious act, etc.

23  794.011(3)         Life     Sexual battery; victim 12 years

24                              or older, offender uses or

25                              threatens to use deadly weapon or

26                              physical force to cause serious

27                              injury.

28  876.32             1st      Treason against the state.

29         921.0024  Criminal Punishment Code; worksheet

30  computations; scoresheets.--

31         (1)

                                  30

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  1                       (b)  WORKSHEET KEY:

  2

  3  Legal status points are assessed when any form of legal status

  4  existed at the time the offender committed an offense before

  5  the court for sentencing. Four (4) sentence points are

  6  assessed for an offender's legal status.

  7

  8  Community sanction violation points are assessed when a

  9  community sanction violation is before the court for

10  sentencing.  Six (6) sentence points are assessed for each

11  community sanction violation, and each successive community

12  sanction violation; however, if the community sanction

13  violation includes a new felony conviction before the

14  sentencing court, twelve (12) community sanction violation

15  points are assessed for such violation, and for each

16  successive community sanction violation involving a new felony

17  conviction. Multiple counts of community sanction violations

18  before the sentencing court shall not be a basis for

19  multiplying the assessment of community sanction violation

20  points.

21

22  Prior serious felony points: If the offender has a primary

23  offense or any additional offense ranked in level 8, level 9,

24  or level 10, and one or more prior serious felonies, a single

25  assessment of 30 points shall be added. For purposes of this

26  section, a prior serious felony is an offense in the

27  offender's prior record that is ranked in level 8, level 9, or

28  level 10 under s. 921.0022 or s. 921.0023 and for which the

29  offender is serving a sentence of confinement, supervision, or

30  other sanction or for which the offender's date of release

31  from confinement, supervision, or other sanction, whichever is

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  1  later, is within 3 years before the date the primary offense

  2  or any additional offense was committed.

  3

  4  Prior capital felony points:  If the offender has one or more

  5  prior capital felonies in the offender's criminal record,

  6  points shall be added to the subtotal sentence points of the

  7  offender equal to twice the number of points the offender

  8  receives for the primary offense and any additional offense.

  9  A prior capital felony in the offender's criminal record is a

10  previous capital felony offense for which the offender has

11  entered a plea of nolo contendere or guilty or has been found

12  guilty; or a felony in another jurisdiction which is a capital

13  felony in that jurisdiction, or would be a capital felony if

14  the offense were committed in this state.

15

16  Possession of a firearm, semiautomatic firearm, or machine

17  gun:  If the offender is convicted of committing or attempting

18  to commit any felony other than those enumerated in s.

19  775.087(2) while having in his possession: a firearm as

20  defined in s. 790.001(6), an additional 18 sentence points are

21  assessed; or if the offender is convicted of committing or

22  attempting to commit any felony other than those enumerated in

23  s. 775.087(3) while having in his possession a semiautomatic

24  firearm as defined in s. 775.087(3) or a machine gun as

25  defined in s. 790.001(9), an additional 25 sentence points are

26  assessed.

27

28  Sentencing multipliers:

29

30  Drug trafficking:  If the primary offense is drug trafficking

31  under s. 893.135, the subtotal sentence points are multiplied,

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  1  at the discretion of the court, for a level 7 or level 8

  2  offense, by 1.5.  The state attorney may move the sentencing

  3  court to reduce or suspend the sentence of a person convicted

  4  of a level 7 or level 8 offense, if the offender provides

  5  substantial assistance as described in s. 893.135(4).

  6

  7  Law enforcement protection:  If the primary offense is a

  8  violation of the Law Enforcement Protection Act under s.

  9  775.0823(2), the subtotal sentence points are multiplied by

10  2.5.  If the primary offense is a violation of s. 775.0823(3),

11  (4), (5), (6), (7), or (8), the subtotal sentence points are

12  multiplied by 2.0. If the primary offense is a violation of s.

13  784.07(3) or s. 775.0875(1), or of the Law Enforcement

14  Protection Act under s. 775.0823(9) or (10), the subtotal

15  sentence points are multiplied by 1.5.

16

17  Grand theft of a motor vehicle:  If the primary offense is

18  grand theft of the third degree involving a motor vehicle and

19  in the offender's prior record, there are three or more grand

20  thefts of the third degree involving a motor vehicle, the

21  subtotal sentence points are multiplied by 1.5.

22

23  Criminal street gang member:  If the offender is convicted of

24  the primary offense and is found to have been a member of a

25  criminal street gang at the time of the commission of the

26  primary offense pursuant to s. 874.04, the subtotal sentence

27  points are multiplied by 1.5.

28

29  Domestic violence in the presence of a child:  If the offender

30  is convicted of the primary offense and the primary offense is

31  a crime of domestic violence, as defined in s. 741.28, which

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  1  was committed in the presence of a child under 16 years of age

  2  who is a family household member as defined in s. 741.28(2)

  3  with the victim or perpetrator, the subtotal sentence points

  4  are multiplied, at the discretion of the court, by 1.5.

  5         921.142  Sentence of death or life imprisonment for

  6  capital drug trafficking felonies; further proceedings to

  7  determine sentence.--

  8         (2)  SEPARATE PROCEEDINGS ON ISSUE OF PENALTY.--Upon

  9  conviction or adjudication of guilt of a defendant of a

10  capital felony under s. 893.135, the court shall conduct a

11  separate sentencing proceeding to determine whether the

12  defendant should be sentenced to death or life imprisonment as

13  authorized by s. 775.082.  The proceeding shall be conducted

14  by the trial judge before the trial jury as soon as

15  practicable.  If, through impossibility or inability, the

16  trial jury is unable to reconvene for a hearing on the issue

17  of penalty, having determined the guilt of the accused, the

18  trial judge may summon a special juror or jurors as provided

19  in chapter 913 to determine the issue of the imposition of the

20  penalty.  If the trial jury has been waived, or if the

21  defendant pleaded guilty, the sentencing proceeding shall be

22  conducted before a jury impaneled for that purpose, unless

23  waived by the defendant.  In the proceeding, evidence may be

24  presented as to any matter that the court deems relevant to

25  the nature of the crime and the character of the defendant and

26  shall include matters relating to any of the aggravating or

27  mitigating circumstances enumerated in subsections (6) and

28  (7).  Any such evidence which the court deems to have

29  probative value may be received, regardless of its

30  admissibility under the exclusionary rules of evidence,

31  provided the defendant is accorded a fair opportunity to rebut

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  1  any hearsay statements.  However, this subsection shall not be

  2  construed to authorize the introduction of any evidence

  3  secured in violation of the Constitution of the United States

  4  or the Constitution of the State of Florida. The state and the

  5  defendant or the defendant's counsel shall be permitted to

  6  present argument for or against sentence of death.

  7         943.0585  Court-ordered expunction of criminal history

  8  records.--The courts of this state have jurisdiction over

  9  their own procedures, including the maintenance, expunction,

10  and correction of judicial records containing criminal history

11  information to the extent such procedures are not inconsistent

12  with the conditions, responsibilities, and duties established

13  by this section.  Any court of competent jurisdiction may

14  order a criminal justice agency to expunge the criminal

15  history record of a minor or an adult who complies with the

16  requirements of this section.  The court shall not order a

17  criminal justice agency to expunge a criminal history record

18  until the person seeking to expunge a criminal history record

19  has applied for and received a certificate of eligibility for

20  expunction pursuant to subsection (2).  A criminal history

21  record that relates to a violation of chapter 794, s. 800.04,

22  s. 817.034, s. 827.071, chapter 839, s. 893.135, or a

23  violation enumerated in s. 907.041 may not be expunged,

24  without regard to whether adjudication was withheld, if the

25  defendant was found guilty of or pled guilty or nolo

26  contendere to the offense, or if the defendant, as a minor,

27  was found to have committed, or pled guilty or nolo contendere

28  to committing, the offense as a delinquent act. The court may

29  only order expunction of a criminal history record pertaining

30  to one arrest or one incident of alleged criminal activity,

31  except as provided in this section. The court may, at its sole

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  1  discretion, order the expunction of a criminal history record

  2  pertaining to more than one arrest if the additional arrests

  3  directly relate to the original arrest. If the court intends

  4  to order the expunction of records pertaining to such

  5  additional arrests, such intent must be specified in the

  6  order. A criminal justice agency may not expunge any record

  7  pertaining to such additional arrests if the order to expunge

  8  does not articulate the intention of the court to expunge a

  9  record pertaining to more than one arrest. This section does

10  not prevent the court from ordering the expunction of only a

11  portion of a criminal history record pertaining to one arrest

12  or one incident of alleged criminal activity.  Notwithstanding

13  any law to the contrary, a criminal justice agency may comply

14  with laws, court orders, and official requests of other

15  jurisdictions relating to expunction, correction, or

16  confidential handling of criminal history records or

17  information derived therefrom.  This section does not confer

18  any right to the expunction of any criminal history record,

19  and any request for expunction of a criminal history record

20  may be denied at the sole discretion of the court.

21         (1)  PETITION TO EXPUNGE A CRIMINAL HISTORY

22  RECORD.--Each petition to a court to expunge a criminal

23  history record is complete only when accompanied by:

24         (a)  A certificate of eligibility for expunction issued

25  by the department pursuant to subsection (2).

26         (b)  The petitioner's sworn statement attesting that

27  the petitioner:

28         1.  Has never previously been adjudicated guilty of a

29  criminal offense or comparable ordinance violation or

30  adjudicated delinquent for committing a felony or a

31  misdemeanor specified in s. 943.051(3)(b).

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  1         2.  Has not been adjudicated guilty of, or adjudicated

  2  delinquent for committing, any of the acts stemming from the

  3  arrest or alleged criminal activity to which the petition

  4  pertains.

  5         3.  Has never secured a prior sealing or expunction of

  6  a criminal history record under this section, former s.

  7  893.14, former s. 901.33, or former s. 943.058, or from any

  8  jurisdiction outside the state.

  9         4.  Is eligible for such an expunction to the best of

10  his or her knowledge or belief and does not have any other

11  petition to expunge or any petition to seal pending before any

12  court.

13

14  Any person who knowingly provides false information on such

15  sworn statement to the court commits a felony of the third

16  degree, punishable as provided in s. 775.082, s. 775.083, or

17  s. 775.084.

18         (2)  CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.--Prior

19  to petitioning the court to expunge a criminal history record,

20  a person seeking to expunge a criminal history record shall

21  apply to the department for a certificate of eligibility for

22  expunction. The department shall, by rule adopted pursuant to

23  chapter 120, establish procedures pertaining to the

24  application for and issuance of certificates of eligibility

25  for expunction. The department shall issue a certificate of

26  eligibility for expunction to a person who is the subject of a

27  criminal history record if that person:

28         (a)  Has obtained, and submitted to the department, a

29  written, certified statement from the appropriate state

30  attorney or statewide prosecutor which indicates:

31

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  1         1.  That an indictment, information, or other charging

  2  document was not filed or issued in the case.

  3         2.  That an indictment, information, or other charging

  4  document, if filed or issued in the case, was dismissed or

  5  nolle prosequi by the state attorney or statewide prosecutor,

  6  or was dismissed by a court of competent jurisdiction.

  7         3.  That the criminal history record does not relate to

  8  a violation of chapter 794, s. 800.04, s. 817.034, s. 827.071,

  9  chapter 839, s. 893.135, or a violation enumerated in s.

10  907.041, where the defendant was found guilty of, or pled

11  guilty or nolo contendere to any such offense, or that the

12  defendant, as a minor, was found to have committed, or pled

13  guilty or nolo contendere to committing, such an offense as a

14  delinquent act, without regard to whether adjudication was

15  withheld.

16         (b)  Remits a $75 processing fee to the department for

17  placement in the Department of Law Enforcement Operating Trust

18  Fund, unless such fee is waived by the executive director.

19         (c)  Has submitted to the department a certified copy

20  of the disposition of the charge to which the petition to

21  expunge pertains.

22         (d)  Has never previously been adjudicated guilty of a

23  criminal offense or comparable ordinance violation or

24  adjudicated delinquent for committing a felony or a

25  misdemeanor specified in s. 943.051(3)(b).

26         (e)  Has not been adjudicated guilty of, or adjudicated

27  delinquent for committing, any of the acts stemming from the

28  arrest or alleged criminal activity to which the petition to

29  expunge pertains.

30

31

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  1         (f)  Has never secured a prior sealing or expunction of

  2  a criminal history record under this section, former s.

  3  893.14, former s. 901.33, or former s. 943.058.

  4         (g)  Is no longer under court supervision applicable to

  5  the disposition of the arrest or alleged criminal activity to

  6  which the petition to expunge pertains.

  7         (h)  Is not required to wait a minimum of 10 years

  8  prior to being eligible for an expunction of such records

  9  because all charges related to the arrest or criminal activity

10  to which the petition to expunge pertains were dismissed prior

11  to trial, adjudication, or the withholding of adjudication.

12  Otherwise, such criminal history record must be sealed under

13  this section, former s. 893.14, former s. 901.33, or former s.

14  943.058 for at least 10 years before such record is eligible

15  for expunction.

16         (3)  PROCESSING OF A PETITION OR ORDER TO EXPUNGE.--

17         (a)  In judicial proceedings under this section, a copy

18  of the completed petition to expunge shall be served upon the

19  appropriate state attorney or the statewide prosecutor and

20  upon the arresting agency; however, it is not necessary to

21  make any agency other than the state a party. The appropriate

22  state attorney or the statewide prosecutor and the arresting

23  agency may respond to the court regarding the completed

24  petition to expunge.

25         (b)  If relief is granted by the court, the clerk of

26  the court shall certify copies of the order to the appropriate

27  state attorney or the statewide prosecutor and the arresting

28  agency. The arresting agency is responsible for forwarding the

29  order to any other agency to which the arresting agency

30  disseminated the criminal history record information to which

31  the order pertains. The department shall forward the order to

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  1  expunge to the Federal Bureau of Investigation. The clerk of

  2  the court shall certify a copy of the order to any other

  3  agency which the records of the court reflect has received the

  4  criminal history record from the court.

  5         (c)  For an order to expunge entered by a court prior

  6  to July 1, 1992, the department shall notify the appropriate

  7  state attorney or statewide prosecutor of an order to expunge

  8  which is contrary to law because the person who is the subject

  9  of the record has previously been convicted of a crime or

10  comparable ordinance violation or has had a prior criminal

11  history record sealed or expunged. Upon receipt of such

12  notice, the appropriate state attorney or statewide prosecutor

13  shall take action, within 60 days, to correct the record and

14  petition the court to void the order to expunge. The

15  department shall seal the record until such time as the order

16  is voided by the court.

17         (d)  On or after July 1, 1992, the department or any

18  other criminal justice agency is not required to act on an

19  order to expunge entered by a court when such order does not

20  comply with the requirements of this section. Upon receipt of

21  such an order, the department must notify the issuing court,

22  the appropriate state attorney or statewide prosecutor, the

23  petitioner or the petitioner's attorney, and the arresting

24  agency of the reason for noncompliance. The appropriate state

25  attorney or statewide prosecutor shall take action within 60

26  days to correct the record and petition the court to void the

27  order.  No cause of action, including contempt of court, shall

28  arise against any criminal justice agency for failure to

29  comply with an order to expunge when the petitioner for such

30  order failed to obtain the certificate of eligibility as

31

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  1  required by this section or such order does not otherwise

  2  comply with the requirements of this section.

  3         (4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any

  4  criminal history record of a minor or an adult which is

  5  ordered expunged by a court of competent jurisdiction pursuant

  6  to this section must be physically destroyed or obliterated by

  7  any criminal justice agency having custody of such record;

  8  except that any criminal history record in the custody of the

  9  department must be retained in all cases. A criminal history

10  record ordered expunged that is retained by the department is

11  confidential and exempt from the provisions of s. 119.07(1)

12  and s. 24(a), Art. I of the State Constitution and not

13  available to any person or entity except upon order of a court

14  of competent jurisdiction. A criminal justice agency may

15  retain a notation indicating compliance with an order to

16  expunge.

17         (a)  The person who is the subject of a criminal

18  history record that is expunged under this section or under

19  other provisions of law, including former s. 893.14, former s.

20  901.33, and former s. 943.058, may lawfully deny or fail to

21  acknowledge the arrests covered by the expunged record, except

22  when the subject of the record:

23         1.  Is a candidate for employment with a criminal

24  justice agency;

25         2.  Is a defendant in a criminal prosecution;

26         3.  Concurrently or subsequently petitions for relief

27  under this section or s. 943.059;

28         4.  Is a candidate for admission to The Florida Bar;

29         5.  Is seeking to be employed or licensed by or to

30  contract with the Department of Children and Family Services

31  or the Department of Juvenile Justice or to be employed or

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  1  used by such contractor or licensee in a sensitive position

  2  having direct contact with children, the developmentally

  3  disabled, the aged, or the elderly as provided in s.

  4  110.1127(3), s. 393.063(14), s. 394.4572(1), s. 397.451, s.

  5  402.302(8), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.

  6  415.1075(4), s. 985.407, or chapter 400; or

  7         6.  Is seeking to be employed or licensed by the Office

  8  of Teacher Education, Certification, Staff Development, and

  9  Professional Practices of the Department of Education, any

10  district school board, or any local governmental entity that

11  licenses child care facilities.

12         (b)  Subject to the exceptions in paragraph (a), a

13  person who has been granted an expunction under this section,

14  former s. 893.14, former s. 901.33, or former s. 943.058 may

15  not be held under any provision of law of this state to commit

16  perjury or to be otherwise liable for giving a false statement

17  by reason of such person's failure to recite or acknowledge an

18  expunged criminal history record.

19         (c)  Information relating to the existence of an

20  expunged criminal history record which is provided in

21  accordance with paragraph (a) is confidential and exempt from

22  the provisions of s. 119.07(1) and s. 24(a), Art. I of the

23  State Constitution, except that the department shall disclose

24  the existence of a criminal history record ordered expunged to

25  the entities set forth in subparagraphs (a)1., 4., 5., and 6.

26  for their respective licensing and employment purposes, and to

27  criminal justice agencies for their respective criminal

28  justice purposes.  It is unlawful for any employee of an

29  entity set forth in subparagraph (a)1., subparagraph (a)4.,

30  subparagraph (a)5., or subparagraph (a)6. to disclose

31  information relating to the existence of an expunged criminal

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  1  history record of a person seeking employment or licensure

  2  with such entity or contractor, except to the person to whom

  3  the criminal history record relates or to persons having

  4  direct responsibility for employment or licensure decisions.

  5  Any person who violates this paragraph commits a misdemeanor

  6  of the first degree, punishable as provided in s. 775.082 or

  7  s. 775.083.

  8         943.059  Court-ordered sealing of criminal history

  9  records.--The courts of this state shall continue to have

10  jurisdiction over their own procedures, including the

11  maintenance, sealing, and correction of judicial records

12  containing criminal history information to the extent such

13  procedures are not inconsistent with the conditions,

14  responsibilities, and duties established by this section.  Any

15  court of competent jurisdiction may order a criminal justice

16  agency to seal the criminal history record of a minor or an

17  adult who complies with the requirements of this section.  The

18  court shall not order a criminal justice agency to seal a

19  criminal history record until the person seeking to seal a

20  criminal history record has applied for and received a

21  certificate of eligibility for sealing pursuant to subsection

22  (2).  A criminal history record that relates to a violation of

23  chapter 794, s. 800.04, s. 817.034, s. 827.071, chapter 839,

24  s. 893.135, or a violation enumerated in s. 907.041 may not be

25  sealed, without regard to whether adjudication was withheld,

26  if the defendant was found guilty of or pled guilty or nolo

27  contendere to the offense, or if the defendant, as a minor,

28  was found to have committed or pled guilty or nolo contendere

29  to committing the offense as a delinquent act.  The court may

30  only order sealing of a criminal history record pertaining to

31  one arrest or one incident of alleged criminal activity,

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  1  except as provided in this section. The court may, at its sole

  2  discretion, order the sealing of a criminal history record

  3  pertaining to more than one arrest if the additional arrests

  4  directly relate to the original arrest.  If the court intends

  5  to order the sealing of records pertaining to such additional

  6  arrests, such intent must be specified in the order.  A

  7  criminal justice agency may not seal any record pertaining to

  8  such additional arrests if the order to seal does not

  9  articulate the intention of the court to seal records

10  pertaining to more than one arrest.  This section does not

11  prevent the court from ordering the sealing of only a portion

12  of a criminal history record pertaining to one arrest or one

13  incident of alleged criminal activity. Notwithstanding any law

14  to the contrary, a criminal justice agency may comply with

15  laws, court orders, and official requests of other

16  jurisdictions relating to sealing, correction, or confidential

17  handling of criminal history records or information derived

18  therefrom.  This section does not confer any right to the

19  sealing of any criminal history record, and any request for

20  sealing a criminal history record may be denied at the sole

21  discretion of the court.

22         (1)  PETITION TO SEAL A CRIMINAL HISTORY RECORD.--Each

23  petition to a court to seal a criminal history record is

24  complete only when accompanied by:

25         (a)  A certificate of eligibility for sealing issued by

26  the department pursuant to subsection (2).

27         (b)  The petitioner's sworn statement attesting that

28  the petitioner:

29         1.  Has never previously been adjudicated guilty of a

30  criminal offense or comparable ordinance violation or

31

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  1  adjudicated delinquent for committing a felony or a

  2  misdemeanor specified in s. 943.051(3)(b).

  3         2.  Has not been adjudicated guilty of or adjudicated

  4  delinquent for committing any of the acts stemming from the

  5  arrest or alleged criminal activity to which the petition to

  6  seal pertains.

  7         3.  Has never secured a prior sealing or expunction of

  8  a criminal history record under this section, former s.

  9  893.14, former s. 901.33, former s. 943.058, or from any

10  jurisdiction outside the state.

11         4.  Is eligible for such a sealing to the best of his

12  or her knowledge or belief and does not have any other

13  petition to seal or any petition to expunge pending before any

14  court.

15

16  Any person who knowingly provides false information on such

17  sworn statement to the court commits a felony of the third

18  degree, punishable as provided in s. 775.082, s. 775.083, or

19  s. 775.084.

20         (2)  CERTIFICATE OF ELIGIBILITY FOR SEALING.--Prior to

21  petitioning the court to seal a criminal history record, a

22  person seeking to seal a criminal history record shall apply

23  to the department for a certificate of eligibility for

24  sealing.  The department shall, by rule adopted pursuant to

25  chapter 120, establish procedures pertaining to the

26  application for and issuance of certificates of eligibility

27  for sealing.  The department shall issue a certificate of

28  eligibility for sealing to a person who is the subject of a

29  criminal history record provided that such person:

30

31

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  1         (a)  Has submitted to the department a certified copy

  2  of the disposition of the charge to which the petition to seal

  3  pertains.

  4         (b)  Remits a $75 processing fee to the department for

  5  placement in the Department of Law Enforcement Operating Trust

  6  Fund, unless such fee is waived by the executive director.

  7         (c)  Has never previously been adjudicated guilty of a

  8  criminal offense or comparable ordinance violation or

  9  adjudicated delinquent for committing a felony or a

10  misdemeanor specified in s. 943.051(3)(b).

11         (d)  Has not been adjudicated guilty of or adjudicated

12  delinquent for committing any of the acts stemming from the

13  arrest or alleged criminal activity to which the petition to

14  seal pertains.

15         (e)  Has never secured a prior sealing or expunction of

16  a criminal history record under this section, former s.

17  893.14, former s. 901.33, or former s. 943.058.

18         (f)  Is no longer under court supervision applicable to

19  the disposition of the arrest or alleged criminal activity to

20  which the petition to seal pertains.

21         (3)  PROCESSING OF A PETITION OR ORDER TO SEAL.--

22         (a)  In judicial proceedings under this section, a copy

23  of the completed petition to seal shall be served upon the

24  appropriate state attorney or the statewide prosecutor and

25  upon the arresting agency; however, it is not necessary to

26  make any agency other than the state a party.  The appropriate

27  state attorney or the statewide prosecutor and the arresting

28  agency may respond to the court regarding the completed

29  petition to seal.

30         (b)  If relief is granted by the court, the clerk of

31  the court shall certify copies of the order to the appropriate

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  1  state attorney or the statewide prosecutor and to the

  2  arresting agency. The arresting agency is responsible for

  3  forwarding the order to any other agency to which the

  4  arresting agency disseminated the criminal history record

  5  information to which the order pertains. The department shall

  6  forward the order to seal to the Federal Bureau of

  7  Investigation. The clerk of the court shall certify a copy of

  8  the order to any other agency which the records of the court

  9  reflect has received the criminal history record from the

10  court.

11         (c)  For an order to seal entered by a court prior to

12  July 1, 1992, the department shall notify the appropriate

13  state attorney or statewide prosecutor of any order to seal

14  which is contrary to law because the person who is the subject

15  of the record has previously been convicted of a crime or

16  comparable ordinance violation or has had a prior criminal

17  history record sealed or expunged.  Upon receipt of such

18  notice, the appropriate state attorney or statewide prosecutor

19  shall take action, within 60 days, to correct the record and

20  petition the court to void the order to seal.  The department

21  shall seal the record until such time as the order is voided

22  by the court.

23         (d)  On or after July 1, 1992, the department or any

24  other criminal justice agency is not required to act on an

25  order to seal entered by a court when such order does not

26  comply with the requirements of this section.  Upon receipt of

27  such an order, the department must notify the issuing court,

28  the appropriate state attorney or statewide prosecutor, the

29  petitioner or the petitioner's attorney, and the arresting

30  agency of the reason for noncompliance. The appropriate state

31  attorney or statewide prosecutor shall take action within 60

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  1  days to correct the record and petition the court to void the

  2  order.  No cause of action, including contempt of court, shall

  3  arise against any criminal justice agency for failure to

  4  comply with an order to seal when the petitioner for such

  5  order failed to obtain the certificate of eligibility as

  6  required by this section or when such order does not comply

  7  with the requirements of this section.

  8         (e)  An order sealing a criminal history record

  9  pursuant to this section does not require that such record be

10  surrendered to the court, and such record shall continue to be

11  maintained by the department and other criminal justice

12  agencies.

13         (4)  EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A

14  criminal history record of a minor or an adult which is

15  ordered sealed by a court of competent jurisdiction pursuant

16  to this section is confidential and exempt from the provisions

17  of s. 119.07(1) and s. 24(a), Art. I of the State Constitution

18  and is available only to the person who is the subject of the

19  record, to the subject's attorney, to criminal justice

20  agencies for their respective criminal justice purposes, or to

21  those entities set forth in subparagraphs (a)1., 4., 5., and

22  6. for their respective licensing and employment purposes.

23         (a)  The subject of a criminal history record sealed

24  under this section or under other provisions of law, including

25  former s. 893.14, former s. 901.33, and former s. 943.058, may

26  lawfully deny or fail to acknowledge the arrests covered by

27  the sealed record, except when the subject of the record:

28         1.  Is a candidate for employment with a criminal

29  justice agency;

30         2.  Is a defendant in a criminal prosecution;

31

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  1         3.  Concurrently or subsequently petitions for relief

  2  under this section or s. 943.0585;

  3         4.  Is a candidate for admission to The Florida Bar;

  4         5.  Is seeking to be employed or licensed by or to

  5  contract with the Department of Children and Family Services

  6  or the Department of Juvenile Justice or to be employed or

  7  used by such contractor or licensee in a sensitive position

  8  having direct contact with children, the developmentally

  9  disabled, the aged, or the elderly as provided in s.

10  110.1127(3), s. 393.063(14), s. 394.4572(1), s. 397.451, s.

11  402.302(8), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.

12  415.103, s. 985.407, or chapter 400; or

13         6.  Is seeking to be employed or licensed by the Office

14  of Teacher Education, Certification, Staff Development, and

15  Professional Practices of the Department of Education, any

16  district school board, or any local governmental entity which

17  licenses child care facilities.

18         (b)  Subject to the exceptions in paragraph (a), a

19  person who has been granted a sealing under this section,

20  former s. 893.14, former s. 901.33, or former s. 943.058 may

21  not be held under any provision of law of this state to commit

22  perjury or to be otherwise liable for giving a false statement

23  by reason of such person's failure to recite or acknowledge a

24  sealed criminal history record.

25         (c)  Information relating to the existence of a sealed

26  criminal record provided in accordance with the provisions of

27  paragraph (a) is confidential and exempt from the provisions

28  of s. 119.07(1) and s. 24(a), Art. I of the State

29  Constitution, except that the department shall disclose the

30  sealed criminal history record to the entities set forth in

31  subparagraphs (a)1., 4., 5., and 6. for their respective

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  1  licensing and employment purposes. It is unlawful for any

  2  employee of an entity set forth in subparagraph (a)1.,

  3  subparagraph (a)4., subparagraph (a)5., or subparagraph (a)6.

  4  to disclose information relating to the existence of a sealed

  5  criminal history record of a person seeking employment or

  6  licensure with such entity or contractor, except to the person

  7  to whom the criminal history record relates or to persons

  8  having direct responsibility for employment or licensure

  9  decisions.  Any person who violates the provisions of this

10  paragraph commits a misdemeanor of the first degree,

11  punishable as provided in s. 775.082 or s. 775.083.

12         Section 12.  In order to inform the public and to deter

13  and prevent crime in the state, the Executive Office of the

14  Governor shall place public service announcements in visible

15  local media throughout the state explaining the penalties

16  provided in this act.

17         Section 2.  Effective October 1, 2000, section 893.135,

18  Florida Statutes, as amended by section 9 of chapter 99-188,

19  Laws of Florida, and as reenacted by section 1 of this act, is

20  further amended to read:

21         893.135  Trafficking; mandatory sentences; suspension

22  or reduction of sentences; conspiracy to engage in

23  trafficking.--

24         (1)  Except as authorized in this chapter or in chapter

25  499 and notwithstanding the provisions of s. 893.13:

26         (a)  Any person who knowingly sells, purchases,

27  manufactures, delivers, or brings into this state, or who is

28  knowingly in actual or constructive possession of, in excess

29  of 25 pounds of cannabis, or 300 or more cannabis plants,

30  commits a felony of the first degree, which felony shall be

31  known as "trafficking in cannabis," punishable as provided in

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  1  s. 775.082, s. 775.083, or s. 775.084." If the quantity of

  2  cannabis involved:

  3         1.  Is in excess of 25 pounds, but less than 2,000

  4  pounds, or is 300 or more cannabis plants, but not more than

  5  2,000 cannabis plants, such person shall be sentenced to

  6  pursuant to the Criminal Punishment Code and such sentence

  7  shall include a mandatory minimum term of imprisonment of 3

  8  years, and the defendant shall be ordered to pay a fine of

  9  $25,000.

10         2.  Is 2,000 pounds or more, but less than 10,000

11  pounds, or is 2,000 or more cannabis plants, but not more than

12  10,000 cannabis plants, such person shall be sentenced to

13  pursuant to the Criminal Punishment Code and such sentence

14  shall include a mandatory minimum term of imprisonment of 7

15  years, and the defendant shall be ordered to pay a fine of

16  $50,000.

17         3.  Is 10,000 pounds or more, or is 10,000 or more

18  cannabis plants, such person shall be sentenced to a mandatory

19  minimum term of imprisonment of 15 calendar years and pay a

20  fine of $200,000.

21

22  For the purpose of this paragraph, a plant, including, but not

23  limited to, a seedling or cutting, is a "cannabis plant" if it

24  has some readily observable evidence of root formation, such

25  as root hairs. To determine if a piece or part of a cannabis

26  plant severed from the cannabis plant is itself a cannabis

27  plant, the severed piece or part must have some readily

28  observable evidence of root formation, such as root hairs.

29  Callous tissue is not readily observable evidence of root

30  formation. The viability and sex of a plant and the fact that

31  the plant may or may not be a dead harvested plant are not

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  1  relevant in determining if the plant is a "cannabis plant" or

  2  in the charging of an offense under this paragraph. Upon

  3  conviction, the court shall impose the longest term of

  4  imprisonment provided for in this paragraph.

  5         (b)1.  Any person who knowingly sells, purchases,

  6  manufactures, delivers, or brings into this state, or who is

  7  knowingly in actual or constructive possession of, 28 grams or

  8  more of cocaine, as described in s. 893.03(2)(a)4., or of any

  9  mixture containing cocaine, but less than 150 kilograms of

10  cocaine or any such mixture, commits a felony of the first

11  degree, which felony shall be known as "trafficking in

12  cocaine," punishable as provided in s. 775.082, s. 775.083, or

13  s. 775.084."  If the quantity involved:

14         a.  Is 28 grams or more, but less than 200 grams, such

15  person shall be sentenced to pursuant to the Criminal

16  Punishment Code and such sentence shall include a mandatory

17  minimum term of imprisonment of 3 years, and the defendant

18  shall be ordered to pay a fine of $50,000.

19         b.  Is 200 grams or more, but less than 400 grams, such

20  person shall be sentenced to pursuant to the Criminal

21  Punishment Code and such sentence shall include a mandatory

22  minimum term of imprisonment of 7 years, and the defendant

23  shall be ordered to pay a fine of $100,000.

24         c.  Is 400 grams or more, but less than 150 kilograms,

25  such person shall be sentenced to a mandatory minimum term of

26  imprisonment of 15 calendar years and pay a fine of $250,000.

27         2.  Any person who knowingly sells, purchases,

28  manufactures, delivers, or brings into this state, or who is

29  knowingly in actual or constructive possession of, 150

30  kilograms or more of cocaine, as described in s.

31  893.03(2)(a)4., commits the first degree felony of trafficking

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  1  in cocaine. A person who has been convicted of the first

  2  degree felony of trafficking in cocaine under this

  3  subparagraph shall be punished by life imprisonment and is

  4  ineligible for any form of discretionary early release except

  5  pardon or executive clemency or conditional medical release

  6  under s. 947.149. However, if the court determines that, in

  7  addition to committing any act specified in this paragraph:

  8         a.  The person intentionally killed an individual or

  9  counseled, commanded, induced, procured, or caused the

10  intentional killing of an individual and such killing was the

11  result; or

12         b.  The person's conduct in committing that act led to

13  a natural, though not inevitable, lethal result,

14

15  such person commits the capital felony of trafficking in

16  cocaine, punishable as provided in ss. 775.082 and 921.142.

17  Any person sentenced for a capital felony under this paragraph

18  shall also be sentenced to pay the maximum fine provided under

19  subparagraph 1.

20         3.  Any person who knowingly brings into this state 300

21  kilograms or more of cocaine, as described in s.

22  893.03(2)(a)4., and who knows that the probable result of such

23  importation would be the death of any person, commits capital

24  importation of cocaine, a capital felony punishable as

25  provided in ss. 775.082 and 921.142. Any person sentenced for

26  a capital felony under this paragraph shall also be sentenced

27  to pay the maximum fine provided under subparagraph 1.

28         (c)1.  Any person who knowingly sells, purchases,

29  manufactures, delivers, or brings into this state, or who is

30  knowingly in actual or constructive possession of, 4 grams or

31  more of any morphine, opium, oxycodone, hydrocodone,

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  1  hydromorphone, or any salt, derivative, isomer, or salt of an

  2  isomer thereof, including heroin, as described in s.

  3  893.03(1)(b) or (2)(a), or 4 grams or more of any mixture

  4  containing any such substance, but less than 30 kilograms of

  5  such substance or mixture, commits a felony of the first

  6  degree, which felony shall be known as "trafficking in illegal

  7  drugs," punishable as provided in s. 775.082, s. 775.083, or

  8  s. 775.084." If the quantity involved:

  9         a.  Is 4 grams or more, but less than 14 grams, such

10  person shall be sentenced to pursuant to the Criminal

11  Punishment Code and such sentence shall include a mandatory

12  minimum term of imprisonment of 3 years, and the defendant

13  shall be ordered to pay a fine of $50,000.

14         b.  Is 14 grams or more, but less than 28 grams, such

15  person shall be sentenced to pursuant to the Criminal

16  Punishment Code and such sentence shall include a mandatory

17  minimum term of imprisonment of 15 years, and the defendant

18  shall be ordered to pay a fine of $100,000.

19         c.  Is 28 grams or more, but less than 30 kilograms,

20  such person shall be sentenced to a mandatory minimum term of

21  imprisonment of 25 calendar years and pay a fine of $500,000.

22         2.  Any person who knowingly sells, purchases,

23  manufactures, delivers, or brings into this state, or who is

24  knowingly in actual or constructive possession of, 30

25  kilograms or more of any morphine, opium, oxycodone,

26  hydrocodone, hydromorphone, or any salt, derivative, isomer,

27  or salt of an isomer thereof, including heroin, as described

28  in s. 893.03(1)(b) or (2)(a), or 30 kilograms or more of any

29  mixture containing any such substance, commits the first

30  degree felony of trafficking in illegal drugs. A person who

31  has been convicted of the first degree felony of trafficking

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  1  in illegal drugs under this subparagraph shall be punished by

  2  life imprisonment and is ineligible for any form of

  3  discretionary early release except pardon or executive

  4  clemency or conditional medical release under s. 947.149.

  5  However, if the court determines that, in addition to

  6  committing any act specified in this paragraph:

  7         a.  The person intentionally killed an individual or

  8  counseled, commanded, induced, procured, or caused the

  9  intentional killing of an individual and such killing was the

10  result; or

11         b.  The person's conduct in committing that act led to

12  a natural, though not inevitable, lethal result,

13

14  such person commits the capital felony of trafficking in

15  illegal drugs, punishable as provided in ss. 775.082 and

16  921.142.  Any person sentenced for a capital felony under this

17  paragraph shall also be sentenced to pay the maximum fine

18  provided under subparagraph 1.

19         3.  Any person who knowingly brings into this state 60

20  kilograms or more of any morphine, opium, oxycodone,

21  hydrocodone, hydromorphone, or any salt, derivative, isomer,

22  or salt of an isomer thereof, including heroin, as described

23  in s. 893.03(1)(b) or (2)(a), or 60 kilograms or more of any

24  mixture containing any such substance, and who knows that the

25  probable result of such importation would be the death of any

26  person, commits capital importation of illegal drugs, a

27  capital felony punishable as provided in ss. 775.082 and

28  921.142. Any person sentenced for a capital felony under this

29  paragraph shall also be sentenced to pay the maximum fine

30  provided under subparagraph 1.

31

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  1         (d)1.  Any person who knowingly sells, purchases,

  2  manufactures, delivers, or brings into this state, or who is

  3  knowingly in actual or constructive possession of, 28 grams or

  4  more of phencyclidine or of any mixture containing

  5  phencyclidine, as described in s. 893.03(2)(b), commits a

  6  felony of the first degree, which felony shall be known as

  7  "trafficking in phencyclidine," punishable as provided in s.

  8  775.082, s. 775.083, or s. 775.084." If the quantity involved:

  9         a.  Is 28 grams or more, but less than 200 grams, such

10  person shall be sentenced to pursuant to the Criminal

11  Punishment Code and such sentence shall include a mandatory

12  minimum term of imprisonment of 3 years, and the defendant

13  shall be ordered to pay a fine of $50,000.

14         b.  Is 200 grams or more, but less than 400 grams, such

15  person shall be sentenced to pursuant to the Criminal

16  Punishment Code and such sentence shall include a mandatory

17  minimum term of imprisonment of 7 years, and the defendant

18  shall be ordered to pay a fine of $100,000.

19         c.  Is 400 grams or more, such person shall be

20  sentenced to a mandatory minimum term of imprisonment of 15

21  calendar years and pay a fine of $250,000.

22         2.  Any person who knowingly brings into this state 800

23  grams or more of phencyclidine or of any mixture containing

24  phencyclidine, as described in s. 893.03(2)(b), and who knows

25  that the probable result of such importation would be the

26  death of any person commits capital importation of

27  phencyclidine, a capital felony punishable as provided in ss.

28  775.082 and 921.142. Any person sentenced for a capital felony

29  under this paragraph shall also be sentenced to pay the

30  maximum fine provided under subparagraph 1.

31

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  1         (e)1.  Any person who knowingly sells, purchases,

  2  manufactures, delivers, or brings into this state, or who is

  3  knowingly in actual or constructive possession of, 200 grams

  4  or more of methaqualone or of any mixture containing

  5  methaqualone, as described in s. 893.03(1)(d), commits a

  6  felony of the first degree, which felony shall be known as

  7  "trafficking in methaqualone," punishable as provided in s.

  8  775.082, s. 775.083, or s. 775.084." If the quantity involved:

  9         a.  Is 200 grams or more, but less than 5 kilograms,

10  such person shall be sentenced to pursuant to the Criminal

11  Punishment Code and such sentence shall include a mandatory

12  minimum term of imprisonment of 3 years, and the defendant

13  shall be ordered to pay a fine of $50,000.

14         b.  Is 5 kilograms or more, but less than 25 kilograms,

15  such person shall be sentenced to pursuant to the Criminal

16  Punishment Code and such sentence shall include a mandatory

17  minimum term of imprisonment of 7 years, and the defendant

18  shall be ordered to pay a fine of $100,000.

19         c.  Is 25 kilograms or more, such person shall be

20  sentenced to a mandatory minimum term of imprisonment of 15

21  calendar years and pay a fine of $250,000.

22         2.  Any person who knowingly brings into this state 50

23  kilograms or more of methaqualone or of any mixture containing

24  methaqualone, as described in s. 893.03(1)(d), and who knows

25  that the probable result of such importation would be the

26  death of any person commits capital importation of

27  methaqualone, a capital felony punishable as provided in ss.

28  775.082 and 921.142. Any person sentenced for a capital felony

29  under this paragraph shall also be sentenced to pay the

30  maximum fine provided under subparagraph 1.

31

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  1         (f)1.  Any person who knowingly sells, purchases,

  2  manufactures, delivers, or brings into this state, or who is

  3  knowingly in actual or constructive possession of, 14 grams or

  4  more of amphetamine, as described in s. 893.03(2)(c)2., or

  5  methamphetamine, as described in s. 893.03(2)(c)4., or of any

  6  mixture containing amphetamine or methamphetamine, or

  7  phenylacetone, phenylacetic acid, or ephedrine in conjunction

  8  with other chemicals and equipment utilized in the manufacture

  9  of amphetamine or methamphetamine, commits a felony of the

10  first degree, which felony shall be known as "trafficking in

11  amphetamine," punishable as provided in s. 775.082, s.

12  775.083, or s. 775.084." If the quantity involved:

13         a.  Is 14 grams or more, but less than 28 grams, such

14  person shall be sentenced to pursuant to the Criminal

15  Punishment Code and such sentence shall include a mandatory

16  minimum term of imprisonment of 3 years, and the defendant

17  shall be ordered to pay a fine of $50,000.

18         b.  Is 28 grams or more, but less than 200 grams, such

19  person shall be sentenced to pursuant to the Criminal

20  Punishment Code and such sentence shall include a mandatory

21  minimum term of imprisonment of 7 years and the defendant

22  shall be ordered to pay a fine of $100,000.

23         c.  Is 200 grams or more, such person shall be

24  sentenced to a mandatory minimum term of imprisonment of 15

25  calendar years and pay a fine of $250,000.

26         2.  Any person who knowingly manufactures or brings

27  into this state 400 grams or more of amphetamine, as described

28  in s. 893.03(2)(c)2., or methamphetamine, as described in s.

29  893.03(2)(c)4., or of any mixture containing amphetamine or

30  methamphetamine, or phenylacetone, phenylacetic acid, or

31  ephedrine in conjunction with other chemicals and equipment

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  1  used utilized in the manufacture of amphetamine or

  2  methamphetamine, and who knows that the probable result of

  3  such manufacture or importation would be the death of any

  4  person commits capital manufacture or importation of

  5  amphetamine, a capital felony punishable as provided in ss.

  6  775.082 and 921.142. Any person sentenced for a capital felony

  7  under this paragraph shall also be sentenced to pay the

  8  maximum fine provided under subparagraph 1.

  9         (g)1.  Any person who knowingly sells, purchases,

10  manufactures, delivers, or brings into this state, or who is

11  knowingly in actual or constructive possession of, 4 grams or

12  more of flunitrazepam or any mixture containing flunitrazepam

13  as described in s. 893.03(1)(a) commits a felony of the first

14  degree, which felony shall be known as "trafficking in

15  flunitrazepam," punishable as provided in s. 775.082, s.

16  775.083, or s. 775.084." If the quantity involved:

17         a.  Is 4 grams or more but less than 14 grams, such

18  person shall be sentenced to pursuant to the Criminal

19  Punishment Code and such sentence shall include a mandatory

20  minimum term of imprisonment of 3 years and the defendant

21  shall be ordered to pay a fine of $50,000.

22         b.  Is 14 grams or more but less than 28 grams, such

23  person shall be sentenced to pursuant to the Criminal

24  Punishment Code and such sentence shall include a mandatory

25  minimum term of imprisonment of 7 years, and the defendant

26  shall be ordered to pay a fine of $100,000.

27         c.  Is 28 grams or more but less than 30 kilograms,

28  such person shall be sentenced to a mandatory minimum term of

29  imprisonment of 25 calendar years and pay a fine of $500,000.

30         2.  Any person who knowingly sells, purchases,

31  manufactures, delivers, or brings into this state or who is

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  1  knowingly in actual or constructive possession of 30 kilograms

  2  or more of flunitrazepam or any mixture containing

  3  flunitrazepam as described in s. 893.03(1)(a) commits the

  4  first degree felony of trafficking in flunitrazepam.  A person

  5  who has been convicted of the first degree felony of

  6  trafficking in flunitrazepam under this subparagraph shall be

  7  punished by life imprisonment and is ineligible for any form

  8  of discretionary early release except pardon or executive

  9  clemency or conditional medical release under s. 947.149.

10  However, if the court determines that, in addition to

11  committing any act specified in this paragraph:

12         a.  The person intentionally killed an individual or

13  counseled, commanded, induced, procured, or caused the

14  intentional killing of an individual and such killing was the

15  result; or

16         b.  The person's conduct in committing that act led to

17  a natural, though not inevitable, lethal result,

18

19  such person commits the capital felony of trafficking in

20  flunitrazepam, punishable as provided in ss. 775.082 and

21  921.142.  Any person sentenced for a capital felony under this

22  paragraph shall also be sentenced to pay the maximum fine

23  provided under subparagraph 1.

24         (h)1.  Any person who knowingly sells, purchases,

25  manufactures, delivers, or brings into this state, or who is

26  knowingly in actual or constructive possession of, 1 kilogram

27  or more of gamma-hydroxybutyric acid (GHB), as described in s.

28  893.03(2)(b), or any mixture containing gamma-hydroxybutyric

29  acid (GHB), commits a felony of the first degree, which felony

30  shall be known as "trafficking in gamma-hydroxybutyric acid

31

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  1  (GHB)," punishable as provided in s. 775.082, s. 775.083, or

  2  s. 775.084. If the quantity involved:

  3         a.  Is 1 kilogram or more but less than 5 kilograms,

  4  such person shall be sentenced to a mandatory minimum term of

  5  imprisonment of 3 years, and the defendant shall be ordered to

  6  pay a fine of $50,000.

  7         b.  Is 5 kilograms or more but less than 10 kilograms,

  8  such person shall be sentenced to a mandatory minimum term of

  9  imprisonment of 7 years, and the defendant shall be ordered to

10  pay a fine of $100,000.

11         c.  Is 10 kilograms or more, such person shall be

12  sentenced to a mandatory minimum term of imprisonment of 15

13  calendar years and pay a fine of $250,000.

14         2.  Any person who knowingly manufactures or brings

15  into this state 150 kilograms or more of gamma-hydroxybutyric

16  acid (GHB), as described in s. 893.03(2)(b), or any mixture

17  containing gamma-hydroxybutyric acid (GHB), and who knows that

18  the probable result of such manufacture or importation would

19  be the death of any person commits capital manufacture or

20  importation of gamma-hydroxybutyric acid (GHB), a capital

21  felony punishable as provided in ss. 775.082 and 921.142. Any

22  person sentenced for a capital felony under this paragraph

23  shall also be sentenced to pay the maximum fine provided under

24  subparagraph 1.

25         (i)1.  Any person who knowingly sells, purchases,

26  manufactures, delivers, or brings into this state, or who is

27  knowingly in actual or constructive possession of, 1 kilogram

28  or more of 1,4-Butanediol as described in s. 893.03(2)(b), or

29  of any mixture containing 1,4-Butanediol, commits a felony of

30  the first degree, which felony shall be known as "trafficking

31

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  1  in 1,4-Butanediol," punishable as provided in s. 775.082, s.

  2  775.083, or s. 775.084. If the quantity involved:

  3         a.  Is 1 kilogram or more, but less than 5 kilograms,

  4  such person shall be sentenced to a mandatory minimum term of

  5  imprisonment of 3 years, and the defendant shall be ordered to

  6  pay a fine of $50,000.

  7         b.  Is 5 kilograms or more, but less than 10 kilograms,

  8  such person shall be sentenced to a mandatory minimum term of

  9  imprisonment of 7 years, and the defendant shall be ordered to

10  pay a fine of $100,000.

11         c.  Is 10 kilograms or more, such person shall be

12  sentenced to a mandatory minimum term of imprisonment of 15

13  calendar years and pay a fine of $500,000.

14         2.  Any person who knowingly manufactures or brings

15  into this state 150 kilograms or more of 1,4-Butanediol as

16  described in s. 893.03(2)(b), or any mixture containing

17  1,4-Butanediol, and who knows that the probable result of such

18  manufacture or importation would be the death of any person

19  commits capital manufacture or importation of 1,4-Butanediol,

20  a capital felony punishable as provided in ss. 775.082 and

21  921.142. Any person sentenced for a capital felony under this

22  paragraph shall also be sentenced to pay the maximum fine

23  provided under subparagraph 1.

24         (j)1.  Any person who knowingly sells, purchases,

25  manufactures, delivers, or brings into this state, or who is

26  knowingly in actual or constructive possession of, 10 grams or

27  more of any of the following substances described in s.

28  893.03(1)(a) or (c):

29         a.  3,4-Methylenedioxymethamphetamine (MDMA);

30         b.  4-Bromo-2,5-dimethoxyamphetamine;

31         c.  4-Bromo-2,5-dimethoxyphenethylamine;

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  1         d.  2,5-Dimethoxyamphetamine;

  2         e.  2,5-Dimethoxy-4-ethylamphetamine (DOET);

  3         f.  N-ethylamphetamine;

  4         g.  N-Hydroxy-3,4-methylenedioxyamphetamine;

  5         h.  5-Methoxy-3,4-methylenedioxyamphetamine;

  6         i.  4-methoxyamphetamine;

  7         j.  4-Methyl-2,5-dimethoxyamphetamine;

  8         k.  3,4-Methylenedioxy-N-ethylamphetamine;

  9         l.  3,4-Methylenedioxyamphetamine;

10         m.  N,N-dimethylamphetamine; or

11         n.  3,4,5-Trimethoxyamphetamine,

12

13  individually or in any combination of or any mixture

14  containing any substance listed in sub-subparagraphs a.-n.,

15  commits a felony of the first degree, which felony shall be

16  known as "trafficking in Phenethylamines," punishable as

17  provided in s. 775.082, s. 775.083, or s. 775.084.

18         2.  If the quantity involved:

19         a.  Is 10 grams or more but less than 200 grams, such

20  person shall be sentenced to a mandatory minimum term of

21  imprisonment of 3 years, and the defendant shall be ordered to

22  pay a fine of $50,000.

23         b.  Is 200 grams or more, but less than 400 grams, such

24  person shall be sentenced to a mandatory minimum term of

25  imprisonment of 7 years, and the defendant shall be ordered to

26  pay a fine of $100,000.

27         c.  Is 400 grams or more, such person shall be

28  sentenced to a mandatory minimum term of imprisonment of 15

29  calendar years and pay a fine of $250,000.

30

31

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  1         3.  Any person who knowingly manufactures or brings

  2  into this state 30 kilograms or more of any of the following

  3  substances described in s. 893.03(1)(a) or (c):

  4         a.  3,4-Methylenedioxymethamphetamine (MDMA);

  5         b.  4-Bromo-2,5-dimethoxyamphetamine;

  6         c.  4-Bromo-2,5-dimethoxyphenethylamine;

  7         d.  2,5-Dimethoxyamphetamine;

  8         e.  2,5-Dimethoxy-4-ethylamphetamine (DOET);

  9         f.  N-ethylamphetamine;

10         g.  N-Hydroxy-3,4-methylenedioxyamphetamine;

11         h.  5-Methoxy-3,4-methylenedioxyamphetamine;

12         i.  4-methoxyamphetamine;

13         j.  4-Methyl-2,5-dimethoxyamphetamine;

14         k.  3,4-Methylenedioxy-N-ethylamphetamine;

15         l.  3,4-Methylenedioxyamphetamine;

16         m.  N,N-dimethylamphetamine; or

17         n.  3,4,5-Trimethoxyamphetamine,

18

19  individually or in any combination of or any mixture

20  containing any substance listed in sub-subparagraphs a.-n.,

21  and who knows that the probable result of such manufacture or

22  importation would be the death of any person commits capital

23  manufacture or importation of Phenethylamines, a capital

24  felony punishable as provided in ss. 775.082 and 921.142. Any

25  person sentenced for a capital felony under this paragraph

26  shall also be sentenced to pay the maximum fine provided under

27  subparagraph 1.

28         (2)  A person acts knowingly under subsection (1) if

29  that person intends to sell, purchase, manufacture, deliver,

30  or bring into this state, or to actually or constructively

31  possess, any of the controlled substances listed in subsection

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  1  (1), regardless of which controlled substance listed in

  2  subsection (1) is in fact sold, purchased, manufactured,

  3  delivered, or brought into this state, or actually or

  4  constructively possessed.

  5         (3)  Notwithstanding the provisions of s. 948.01, with

  6  respect to any person who is found to have violated this

  7  section, adjudication of guilt or imposition of sentence shall

  8  not be suspended, deferred, or withheld, nor shall such person

  9  be eligible for parole prior to serving the mandatory minimum

10  term of imprisonment prescribed by this section. A person

11  sentenced to a mandatory minimum term of imprisonment under

12  this section is not eligible for any form of discretionary

13  early release, except pardon or executive clemency or

14  conditional medical release under s. 947.149, prior to serving

15  the mandatory minimum term of imprisonment.

16         (4)  The state attorney may move the sentencing court

17  to reduce or suspend the sentence of any person who is

18  convicted of a violation of this section and who provides

19  substantial assistance in the identification, arrest, or

20  conviction of any of that person's accomplices, accessories,

21  coconspirators, or principals or of any other person engaged

22  in trafficking in controlled substances.  The arresting agency

23  shall be given an opportunity to be heard in aggravation or

24  mitigation in reference to any such motion.  Upon good cause

25  shown, the motion may be filed and heard in camera.  The judge

26  hearing the motion may reduce or suspend the sentence if the

27  judge finds that the defendant rendered such substantial

28  assistance.

29         (5)  Any person who agrees, conspires, combines, or

30  confederates with another person to commit any act prohibited

31  by subsection (1) commits a felony of the first degree and is

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  1  punishable as if he or she had actually committed such

  2  prohibited act. Nothing in this subsection shall be construed

  3  to prohibit separate convictions and sentences for a violation

  4  of this subsection and any violation of subsection (1).

  5         Section 3.  Effective July 1, 2001, section 893.135,

  6  Florida Statutes, as amended by section 9 of chapter 99-188,

  7  Laws of Florida, and as reenacted by section 1 of this act,

  8  and as further amended by section 2 of this act, is further

  9  amended to read:

10         893.135  Trafficking; mandatory sentences; suspension

11  or reduction of sentences; conspiracy to engage in

12  trafficking.--

13         (1)  Except as authorized in this chapter or in chapter

14  499 and notwithstanding the provisions of s. 893.13:

15         (a)  Any person who knowingly sells, purchases,

16  manufactures, delivers, or brings into this state, or who is

17  knowingly in actual or constructive possession of, in excess

18  of 25 pounds of cannabis, or 300 or more cannabis plants,

19  commits a felony of the first degree, which felony shall be

20  known as "trafficking in cannabis," punishable as provided in

21  s. 775.082, s. 775.083, or s. 775.084. If the quantity of

22  cannabis involved:

23         1.  Is in excess of 25 pounds, but less than 2,000

24  pounds, or is 300 or more cannabis plants, but not more than

25  2,000 cannabis plants, such person shall be sentenced to a

26  mandatory minimum term of imprisonment of 3 years, and the

27  defendant shall be ordered to pay a fine of $25,000.

28         2.  Is 2,000 pounds or more, but less than 10,000

29  pounds, or is 2,000 or more cannabis plants, but not more than

30  10,000 cannabis plants, such person shall be sentenced to a

31

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  1  mandatory minimum term of imprisonment of 7 years, and the

  2  defendant shall be ordered to pay a fine of $50,000.

  3         3.  Is 10,000 pounds or more, or is 10,000 or more

  4  cannabis plants, such person shall be sentenced to a mandatory

  5  minimum term of imprisonment of 15 calendar years and pay a

  6  fine of $200,000.

  7

  8  For the purpose of this paragraph, a plant, including, but not

  9  limited to, a seedling or cutting, is a "cannabis plant" if it

10  has some readily observable evidence of root formation, such

11  as root hairs. To determine if a piece or part of a cannabis

12  plant severed from the cannabis plant is itself a cannabis

13  plant, the severed piece or part must have some readily

14  observable evidence of root formation, such as root hairs.

15  Callous tissue is not readily observable evidence of root

16  formation. The viability and sex of a plant and the fact that

17  the plant may or may not be a dead harvested plant are not

18  relevant in determining if the plant is a "cannabis plant" or

19  in the charging of an offense under this paragraph. Upon

20  conviction, the court shall impose the longest term of

21  imprisonment provided for in this paragraph.

22         (b)1.  Any person who knowingly sells, purchases,

23  manufactures, delivers, or brings into this state, or who is

24  knowingly in actual or constructive possession of, 28 grams or

25  more of cocaine, as described in s. 893.03(2)(a)4., or of any

26  mixture containing cocaine, but less than 150 kilograms of

27  cocaine or any such mixture, commits a felony of the first

28  degree, which felony shall be known as "trafficking in

29  cocaine," punishable as provided in s. 775.082, s. 775.083, or

30  s. 775.084.  If the quantity involved:

31

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  1         a.  Is 28 grams or more, but less than 200 grams, such

  2  person shall be sentenced to a mandatory minimum term of

  3  imprisonment of 3 years, and the defendant shall be ordered to

  4  pay a fine of $50,000.

  5         b.  Is 200 grams or more, but less than 400 grams, such

  6  person shall be sentenced to a mandatory minimum term of

  7  imprisonment of 7 years, and the defendant shall be ordered to

  8  pay a fine of $100,000.

  9         c.  Is 400 grams or more, but less than 150 kilograms,

10  such person shall be sentenced to a mandatory minimum term of

11  imprisonment of 15 calendar years and pay a fine of $250,000.

12         2.  Any person who knowingly sells, purchases,

13  manufactures, delivers, or brings into this state, or who is

14  knowingly in actual or constructive possession of, 150

15  kilograms or more of cocaine, as described in s.

16  893.03(2)(a)4., commits the first degree felony of trafficking

17  in cocaine. A person who has been convicted of the first

18  degree felony of trafficking in cocaine under this

19  subparagraph shall be punished by life imprisonment and is

20  ineligible for any form of discretionary early release except

21  pardon or executive clemency or conditional medical release

22  under s. 947.149. However, if the court determines that, in

23  addition to committing any act specified in this paragraph:

24         a.  The person intentionally killed an individual or

25  counseled, commanded, induced, procured, or caused the

26  intentional killing of an individual and such killing was the

27  result; or

28         b.  The person's conduct in committing that act led to

29  a natural, though not inevitable, lethal result,

30

31

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  1  such person commits the capital felony of trafficking in

  2  cocaine, punishable as provided in ss. 775.082 and 921.142.

  3  Any person sentenced for a capital felony under this paragraph

  4  shall also be sentenced to pay the maximum fine provided under

  5  subparagraph 1.

  6         3.  Any person who knowingly brings into this state 300

  7  kilograms or more of cocaine, as described in s.

  8  893.03(2)(a)4., and who knows that the probable result of such

  9  importation would be the death of any person, commits capital

10  importation of cocaine, a capital felony punishable as

11  provided in ss. 775.082 and 921.142. Any person sentenced for

12  a capital felony under this paragraph shall also be sentenced

13  to pay the maximum fine provided under subparagraph 1.

14         (c)1.  Any person who knowingly sells, purchases,

15  manufactures, delivers, or brings into this state, or who is

16  knowingly in actual or constructive possession of, 4 grams or

17  more of any morphine, opium, oxycodone, hydrocodone,

18  hydromorphone, or any salt, derivative, isomer, or salt of an

19  isomer thereof, including heroin, as described in s.

20  893.03(1)(b), or (2)(a), (3)(c)3., or (3)(c)4., or 4 grams or

21  more of any mixture containing any such substance, but less

22  than 30 kilograms of such substance or mixture, commits a

23  felony of the first degree, which felony shall be known as

24  "trafficking in illegal drugs," punishable as provided in s.

25  775.082, s. 775.083, or s. 775.084. If the quantity involved:

26         a.  Is 4 grams or more, but less than 14 grams, such

27  person shall be sentenced to a mandatory minimum term of

28  imprisonment of 3 years, and the defendant shall be ordered to

29  pay a fine of $50,000.

30         b.  Is 14 grams or more, but less than 28 grams, such

31  person shall be sentenced to a mandatory minimum term of

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  1  imprisonment of 15 years, and the defendant shall be ordered

  2  to pay a fine of $100,000.

  3         c.  Is 28 grams or more, but less than 30 kilograms,

  4  such person shall be sentenced to a mandatory minimum term of

  5  imprisonment of 25 calendar years and pay a fine of $500,000.

  6         2.  Any person who knowingly sells, purchases,

  7  manufactures, delivers, or brings into this state, or who is

  8  knowingly in actual or constructive possession of, 30

  9  kilograms or more of any morphine, opium, oxycodone,

10  hydrocodone, hydromorphone, or any salt, derivative, isomer,

11  or salt of an isomer thereof, including heroin, as described

12  in s. 893.03(1)(b), or (2)(a), (3)(c)3., or (3)(c)4., or 30

13  kilograms or more of any mixture containing any such

14  substance, commits the first degree felony of trafficking in

15  illegal drugs. A person who has been convicted of the first

16  degree felony of trafficking in illegal drugs under this

17  subparagraph shall be punished by life imprisonment and is

18  ineligible for any form of discretionary early release except

19  pardon or executive clemency or conditional medical release

20  under s. 947.149. However, if the court determines that, in

21  addition to committing any act specified in this paragraph:

22         a.  The person intentionally killed an individual or

23  counseled, commanded, induced, procured, or caused the

24  intentional killing of an individual and such killing was the

25  result; or

26         b.  The person's conduct in committing that act led to

27  a natural, though not inevitable, lethal result,

28

29  such person commits the capital felony of trafficking in

30  illegal drugs, punishable as provided in ss. 775.082 and

31  921.142.  Any person sentenced for a capital felony under this

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  1  paragraph shall also be sentenced to pay the maximum fine

  2  provided under subparagraph 1.

  3         3.  Any person who knowingly brings into this state 60

  4  kilograms or more of any morphine, opium, oxycodone,

  5  hydrocodone, hydromorphone, or any salt, derivative, isomer,

  6  or salt of an isomer thereof, including heroin, as described

  7  in s. 893.03(1)(b), or (2)(a), (3)(c)3., or (3)(c)4., or 60

  8  kilograms or more of any mixture containing any such

  9  substance, and who knows that the probable result of such

10  importation would be the death of any person, commits capital

11  importation of illegal drugs, a capital felony punishable as

12  provided in ss. 775.082 and 921.142. Any person sentenced for

13  a capital felony under this paragraph shall also be sentenced

14  to pay the maximum fine provided under subparagraph 1.

15         (d)1.  Any person who knowingly sells, purchases,

16  manufactures, delivers, or brings into this state, or who is

17  knowingly in actual or constructive possession of, 28 grams or

18  more of phencyclidine or of any mixture containing

19  phencyclidine, as described in s. 893.03(2)(b), commits a

20  felony of the first degree, which felony shall be known as

21  "trafficking in phencyclidine," punishable as provided in s.

22  775.082, s. 775.083, or s. 775.084. If the quantity involved:

23         a.  Is 28 grams or more, but less than 200 grams, such

24  person shall be sentenced to a mandatory minimum term of

25  imprisonment of 3 years, and the defendant shall be ordered to

26  pay a fine of $50,000.

27         b.  Is 200 grams or more, but less than 400 grams, such

28  person shall be sentenced to a mandatory minimum term of

29  imprisonment of 7 years, and the defendant shall be ordered to

30  pay a fine of $100,000.

31

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  1         c.  Is 400 grams or more, such person shall be

  2  sentenced to a mandatory minimum term of imprisonment of 15

  3  calendar years and pay a fine of $250,000.

  4         2.  Any person who knowingly brings into this state 800

  5  grams or more of phencyclidine or of any mixture containing

  6  phencyclidine, as described in s. 893.03(2)(b), and who knows

  7  that the probable result of such importation would be the

  8  death of any person commits capital importation of

  9  phencyclidine, a capital felony punishable as provided in ss.

10  775.082 and 921.142. Any person sentenced for a capital felony

11  under this paragraph shall also be sentenced to pay the

12  maximum fine provided under subparagraph 1.

13         (e)1.  Any person who knowingly sells, purchases,

14  manufactures, delivers, or brings into this state, or who is

15  knowingly in actual or constructive possession of, 200 grams

16  or more of methaqualone or of any mixture containing

17  methaqualone, as described in s. 893.03(1)(d), commits a

18  felony of the first degree, which felony shall be known as

19  "trafficking in methaqualone," punishable as provided in s.

20  775.082, s. 775.083, or s. 775.084. If the quantity involved:

21         a.  Is 200 grams or more, but less than 5 kilograms,

22  such person shall be sentenced to a mandatory minimum term of

23  imprisonment of 3 years, and the defendant shall be ordered to

24  pay a fine of $50,000.

25         b.  Is 5 kilograms or more, but less than 25 kilograms,

26  such person shall be sentenced to a mandatory minimum term of

27  imprisonment of 7 years, and the defendant shall be ordered to

28  pay a fine of $100,000.

29         c.  Is 25 kilograms or more, such person shall be

30  sentenced to a mandatory minimum term of imprisonment of 15

31  calendar years and pay a fine of $250,000.

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  1         2.  Any person who knowingly brings into this state 50

  2  kilograms or more of methaqualone or of any mixture containing

  3  methaqualone, as described in s. 893.03(1)(d), and who knows

  4  that the probable result of such importation would be the

  5  death of any person commits capital importation of

  6  methaqualone, a capital felony punishable as provided in ss.

  7  775.082 and 921.142. Any person sentenced for a capital felony

  8  under this paragraph shall also be sentenced to pay the

  9  maximum fine provided under subparagraph 1.

10         (f)1.  Any person who knowingly sells, purchases,

11  manufactures, delivers, or brings into this state, or who is

12  knowingly in actual or constructive possession of, 14 grams or

13  more of amphetamine, as described in s. 893.03(2)(c)2., or

14  methamphetamine, as described in s. 893.03(2)(c)4., or of any

15  mixture containing amphetamine or methamphetamine, or

16  phenylacetone, phenylacetic acid, or ephedrine in conjunction

17  with other chemicals and equipment utilized in the manufacture

18  of amphetamine or methamphetamine, commits a felony of the

19  first degree, which felony shall be known as "trafficking in

20  amphetamine," punishable as provided in s. 775.082, s.

21  775.083, or s. 775.084. If the quantity involved:

22         a.  Is 14 grams or more, but less than 28 grams, such

23  person shall be sentenced to a mandatory minimum term of

24  imprisonment of 3 years, and the defendant shall be ordered to

25  pay a fine of $50,000.

26         b.  Is 28 grams or more, but less than 200 grams, such

27  person shall be sentenced to a mandatory minimum term of

28  imprisonment of 7 years, and the defendant shall be ordered to

29  pay a fine of $100,000.

30

31

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  1         c.  Is 200 grams or more, such person shall be

  2  sentenced to a mandatory minimum term of imprisonment of 15

  3  calendar years and pay a fine of $250,000.

  4         2.  Any person who knowingly manufactures or brings

  5  into this state 400 grams or more of amphetamine, as described

  6  in s. 893.03(2)(c)2., or methamphetamine, as described in s.

  7  893.03(2)(c)4., or of any mixture containing amphetamine or

  8  methamphetamine, or phenylacetone, phenylacetic acid, or

  9  ephedrine in conjunction with other chemicals and equipment

10  used in the manufacture of amphetamine or methamphetamine, and

11  who knows that the probable result of such manufacture or

12  importation would be the death of any person commits capital

13  manufacture or importation of amphetamine, a capital felony

14  punishable as provided in ss. 775.082 and 921.142. Any person

15  sentenced for a capital felony under this paragraph shall also

16  be sentenced to pay the maximum fine provided under

17  subparagraph 1.

18         (g)1.  Any person who knowingly sells, purchases,

19  manufactures, delivers, or brings into this state, or who is

20  knowingly in actual or constructive possession of, 4 grams or

21  more of flunitrazepam or any mixture containing flunitrazepam

22  as described in s. 893.03(1)(a) commits a felony of the first

23  degree, which felony shall be known as "trafficking in

24  flunitrazepam," punishable as provided in s. 775.082, s.

25  775.083, or s. 775.084. If the quantity involved:

26         a.  Is 4 grams or more but less than 14 grams, such

27  person shall be sentenced to a mandatory minimum term of

28  imprisonment of 3 years, and the defendant shall be ordered to

29  pay a fine of $50,000.

30         b.  Is 14 grams or more but less than 28 grams, such

31  person shall be sentenced to a mandatory minimum term of

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  1  imprisonment of 7 years, and the defendant shall be ordered to

  2  pay a fine of $100,000.

  3         c.  Is 28 grams or more but less than 30 kilograms,

  4  such person shall be sentenced to a mandatory minimum term of

  5  imprisonment of 25 calendar years and pay a fine of $500,000.

  6         2.  Any person who knowingly sells, purchases,

  7  manufactures, delivers, or brings into this state or who is

  8  knowingly in actual or constructive possession of 30 kilograms

  9  or more of flunitrazepam or any mixture containing

10  flunitrazepam as described in s. 893.03(1)(a) commits the

11  first degree felony of trafficking in flunitrazepam.  A person

12  who has been convicted of the first degree felony of

13  trafficking in flunitrazepam under this subparagraph shall be

14  punished by life imprisonment and is ineligible for any form

15  of discretionary early release except pardon or executive

16  clemency or conditional medical release under s. 947.149.

17  However, if the court determines that, in addition to

18  committing any act specified in this paragraph:

19         a.  The person intentionally killed an individual or

20  counseled, commanded, induced, procured, or caused the

21  intentional killing of an individual and such killing was the

22  result; or

23         b.  The person's conduct in committing that act led to

24  a natural, though not inevitable, lethal result,

25

26  such person commits the capital felony of trafficking in

27  flunitrazepam, punishable as provided in ss. 775.082 and

28  921.142.  Any person sentenced for a capital felony under this

29  paragraph shall also be sentenced to pay the maximum fine

30  provided under subparagraph 1.

31

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  1         (h)1.  Any person who knowingly sells, purchases,

  2  manufactures, delivers, or brings into this state, or who is

  3  knowingly in actual or constructive possession of, 1 kilogram

  4  or more of gamma-hydroxybutyric acid (GHB), as described in s.

  5  893.03(1)(d) s. 893.03(2)(b), or any mixture containing

  6  gamma-hydroxybutyric acid (GHB), commits a felony of the first

  7  degree, which felony shall be known as "trafficking in

  8  gamma-hydroxybutyric acid (GHB)," punishable as provided in s.

  9  775.082, s. 775.083, or s. 775.084. If the quantity involved:

10         a.  Is 1 kilogram or more but less than 5 kilograms,

11  such person shall be sentenced to a mandatory minimum term of

12  imprisonment of 3 years, and the defendant shall be ordered to

13  pay a fine of $50,000.

14         b.  Is 5 kilograms or more but less than 10 kilograms,

15  such person shall be sentenced to a mandatory minimum term of

16  imprisonment of 7 years, and the defendant shall be ordered to

17  pay a fine of $100,000.

18         c.  Is 10 kilograms or more, such person shall be

19  sentenced to a mandatory minimum term of imprisonment of 15

20  calendar years and pay a fine of $250,000.

21         2.  Any person who knowingly manufactures or brings

22  into this state 150 kilograms or more of gamma-hydroxybutyric

23  acid (GHB), as described in s. 893.03(1)(d) s. 893.03(2)(b),

24  or any mixture containing gamma-hydroxybutyric acid (GHB), and

25  who knows that the probable result of such manufacture or

26  importation would be the death of any person commits capital

27  manufacture or importation of gamma-hydroxybutyric acid (GHB),

28  a capital felony punishable as provided in ss. 775.082 and

29  921.142. Any person sentenced for a capital felony under this

30  paragraph shall also be sentenced to pay the maximum fine

31  provided under subparagraph 1.

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  1         (i)1.  Any person who knowingly sells, purchases,

  2  manufactures, delivers, or brings into this state, or who is

  3  knowingly in actual or constructive possession of, 1 kilogram

  4  or more of gamma-butyrolactone (GBL), as described in s.

  5  893.03(1)(d), or any mixture containing gamma-butyrolactone

  6  (GBL), commits a felony of the first degree, which felony

  7  shall be known as "trafficking in gamma-butyrolactone (GBL),"

  8  punishable as provided in s. 775.082, s. 775.083, or s.

  9  775.084. If the quantity involved:

10         a.  Is 1 kilogram or more but less than 5 kilograms,

11  such person shall be sentenced to a mandatory minimum term of

12  imprisonment of 3 years, and the defendant shall be ordered to

13  pay a fine of $50,000.

14         b.  Is 5 kilograms or more but less than 10 kilograms,

15  such person shall be sentenced to a mandatory minimum term of

16  imprisonment of 7 years, and the defendant shall be ordered to

17  pay a fine of $100,000.

18         c.  Is 10 kilograms or more, such person shall be

19  sentenced to a mandatory mimimum term of imprisonment of 15

20  calendar years and pay a fine of $250,000.

21         2.  Any person who knowingly manufactures or brings

22  into the state 150 kilograms or more of gamma-butyrolactone

23  (GBL), as described in s. 893.03(1)(d), or any mixture

24  containing gamma-butyrolactone (GBL), and who knows that the

25  probable result of such manufacture or importation would be

26  the death of any person commits capital manufacture or

27  importation of gamma-butyrolactone (GBL), a capital felony

28  punishable as provided in ss. 775.082 and 921.142. Any person

29  sentenced for a capital felony under this paragraph shall also

30  be sentenced to pay the maximum fine provided under

31  subparagraph 1.

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  1         (j)(i)1.  Any person who knowingly sells, purchases,

  2  manufactures, delivers, or brings into this state, or who is

  3  knowingly in actual or constructive possession of, 1 kilogram

  4  or more of 1,4-Butanediol as described in s. 893.03(1)(d) s.

  5  893.03(2)(b), or of any mixture containing 1,4-Butanediol,

  6  commits a felony of the first degree, which felony shall be

  7  known as "trafficking in 1,4-Butanediol," punishable as

  8  provided in s. 775.082, s. 775.083, or s. 775.084. If the

  9  quantity involved:

10         a.  Is 1 kilogram or more, but less than 5 kilograms,

11  such person shall be sentenced to a mandatory minimum term of

12  imprisonment of 3 years, and the defendant shall be ordered to

13  pay a fine of $50,000.

14         b.  Is 5 kilograms or more, but less than 10 kilograms,

15  such person shall be sentenced to a mandatory minimum term of

16  imprisonment of 7 years, and the defendant shall be ordered to

17  pay a fine of $100,000.

18         c.  Is 10 kilograms or more, such person shall be

19  sentenced to a mandatory minimum term of imprisonment of 15

20  calendar years and pay a fine of $500,000.

21         2.  Any person who knowingly manufactures or brings

22  into this state 150 kilograms or more of 1,4-Butanediol as

23  described in s. 893.03(1)(d) s. 893.03(2)(b), or any mixture

24  containing 1,4-Butanediol, and who knows that the probable

25  result of such manufacture or importation would be the death

26  of any person commits capital manufacture or importation of

27  1,4-Butanediol, a capital felony punishable as provided in ss.

28  775.082 and 921.142. Any person sentenced for a capital felony

29  under this paragraph shall also be sentenced to pay the

30  maximum fine provided under subparagraph 1.

31

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  1         (k)(j)1.  Any person who knowingly sells, purchases,

  2  manufactures, delivers, or brings into this state, or who is

  3  knowingly in actual or constructive possession of, 10 grams or

  4  more of any of the following substances described in s.

  5  893.03(1)(a) or (c):

  6         a.  3,4-Methylenedioxymethamphetamine (MDMA);

  7         b.  4-Bromo-2,5-dimethoxyamphetamine;

  8         c.  4-Bromo-2,5-dimethoxyphenethylamine;

  9         d.  2,5-Dimethoxyamphetamine;

10         e.  2,5-Dimethoxy-4-ethylamphetamine (DOET);

11         f.  N-ethylamphetamine;

12         g.  N-Hydroxy-3,4-methylenedioxyamphetamine;

13         h.  5-Methoxy-3,4-methylenedioxyamphetamine;

14         i.  4-methoxyamphetamine;

15         j.  4-methoxymethamphetamine;

16         k.j.  4-Methyl-2,5-dimethoxyamphetamine;

17         l.k.  3,4-Methylenedioxy-N-ethylamphetamine;

18         m.l.  3,4-Methylenedioxyamphetamine;

19         n.m.  N,N-dimethylamphetamine; or

20         o.n.  3,4,5-Trimethoxyamphetamine,

21

22  individually or in any combination of or any mixture

23  containing any substance listed in sub-subparagraphs a.-o.

24  a.-n., commits a felony of the first degree, which felony

25  shall be known as "trafficking in Phenethylamines," punishable

26  as provided in s. 775.082, s. 775.083, or s. 775.084.

27         2.  If the quantity involved:

28         a.  Is 10 grams or more but less than 200 grams, such

29  person shall be sentenced to a mandatory minimum term of

30  imprisonment of 3 years, and the defendant shall be ordered to

31  pay a fine of $50,000.

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  1         b.  Is 200 grams or more, but less than 400 grams, such

  2  person shall be sentenced to a mandatory minimum term of

  3  imprisonment of 7 years, and the defendant shall be ordered to

  4  pay a fine of $100,000.

  5         c.  Is 400 grams or more, such person shall be

  6  sentenced to a mandatory minimum term of imprisonment of 15

  7  calendar years and pay a fine of $250,000.

  8         3.  Any person who knowingly manufactures or brings

  9  into this state 30 kilograms or more of any of the following

10  substances described in s. 893.03(1)(a) or (c):

11         a.  3,4-Methylenedioxymethamphetamine (MDMA);

12         b.  4-Bromo-2,5-dimethoxyamphetamine;

13         c.  4-Bromo-2,5-dimethoxyphenethylamine;

14         d.  2,5-Dimethoxyamphetamine;

15         e.  2,5-Dimethoxy-4-ethylamphetamine (DOET);

16         f.  N-ethylamphetamine;

17         g.  N-Hydroxy-3,4-methylenedioxyamphetamine;

18         h.  5-Methoxy-3,4-methylenedioxyamphetamine;

19         i.  4-methoxyamphetamine;

20         j.  4-methoxymethamphetamine;

21         k.j.  4-Methyl-2,5-dimethoxyamphetamine;

22         l.k.  3,4-Methylenedioxy-N-ethylamphetamine;

23         m.l.  3,4-Methylenedioxyamphetamine;

24         n.m.  N,N-dimethylamphetamine; or

25         o.n.  3,4,5-Trimethoxyamphetamine,

26

27  individually or in any combination of or any mixture

28  containing any substance listed in sub-subparagraphs a.-o.

29  a.-n., and who knows that the probable result of such

30  manufacture or importation would be the death of any person

31  commits capital manufacture or importation of Phenethylamines,

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  1  a capital felony punishable as provided in ss. 775.082 and

  2  921.142. Any person sentenced for a capital felony under this

  3  paragraph shall also be sentenced to pay the maximum fine

  4  provided under subparagraph 1.

  5         (l)1.  Any person who knowingly sells, purchases,

  6  manufactures, delivers, or brings into this state, or who is

  7  knowingly in actual or constructive possession of, 1 gram or

  8  more of lysergic acid diethylamide (LSD) as described in s.

  9  893.03(1)(c), or of any mixture containing lysergic acid

10  diethylamide (LSD), commits a felony of the first degree,

11  which felony shall be known as "trafficking in lysergic acid

12  diethylamide (LSD)," punishable as provided in s. 775.082, s.

13  775.083, or s. 775.084. If the quantity involved:

14         a.  Is 1 gram or more, but less than 5 grams, such

15  person shall be sentenced to a mandatory minimum term of

16  imprisonment of 3 years, and the defendant shall be ordered to

17  pay a fine of $50,000.

18         b.  Is 5 grams or more, but less than 7 grams, such

19  person shall be sentenced to a mandatory minimum term of

20  imprisonment of 7 years, and the defendant shall be ordered to

21  pay a fine of $100,000.

22         c.  Is 7 grams or more, such person shall be sentenced

23  to a mandatory minimum term of imprisonment of 15 calendar

24  years and pay a fine of $500,000.

25         2.  Any person who knowingly manufactures or brings

26  into this state 7 grams or more of lysergic acid diethylamide

27  (LSD) as described in s. 893.03(1)(c), or any mixture

28  containing lysergic acid diethylamide (LSD), and who knows

29  that the probable result of such manufacture or importation

30  would be the death of any person commits capital manufacture

31  or importation of lysergic acid diethylamide (LSD), a capital

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  1  felony punishable as provided in ss. 775.082 and 921.142. Any

  2  person sentenced for a capital felony under this paragraph

  3  shall also be sentenced to pay the maximum fine provided under

  4  subparagraph 1.

  5         (2)  A person acts knowingly under subsection (1) if

  6  that person intends to sell, purchase, manufacture, deliver,

  7  or bring into this state, or to actually or constructively

  8  possess, any of the controlled substances listed in subsection

  9  (1), regardless of which controlled substance listed in

10  subsection (1) is in fact sold, purchased, manufactured,

11  delivered, or brought into this state, or actually or

12  constructively possessed.

13         (3)  Notwithstanding the provisions of s. 948.01, with

14  respect to any person who is found to have violated this

15  section, adjudication of guilt or imposition of sentence shall

16  not be suspended, deferred, or withheld, nor shall such person

17  be eligible for parole prior to serving the mandatory minimum

18  term of imprisonment prescribed by this section. A person

19  sentenced to a mandatory minimum term of imprisonment under

20  this section is not eligible for any form of discretionary

21  early release, except pardon or executive clemency or

22  conditional medical release under s. 947.149, prior to serving

23  the mandatory minimum term of imprisonment.

24         (4)  The state attorney may move the sentencing court

25  to reduce or suspend the sentence of any person who is

26  convicted of a violation of this section and who provides

27  substantial assistance in the identification, arrest, or

28  conviction of any of that person's accomplices, accessories,

29  coconspirators, or principals or of any other person engaged

30  in trafficking in controlled substances.  The arresting agency

31  shall be given an opportunity to be heard in aggravation or

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  1  mitigation in reference to any such motion.  Upon good cause

  2  shown, the motion may be filed and heard in camera.  The judge

  3  hearing the motion may reduce or suspend the sentence if the

  4  judge finds that the defendant rendered such substantial

  5  assistance.

  6         (5)  Any person who agrees, conspires, combines, or

  7  confederates with another person to commit any act prohibited

  8  by subsection (1) commits a felony of the first degree and is

  9  punishable as if he or she had actually committed such

10  prohibited act. Nothing in this subsection shall be construed

11  to prohibit separate convictions and sentences for a violation

12  of this subsection and any violation of subsection (1).

13         (6)  A mixture, as defined in s. 893.02(14), containing

14  any controlled substance described in this section includes,

15  but is not limited to, a solution or a dosage unit, including

16  but not limited to, a pill or tablet, containing a controlled

17  substance. For the purpose of clarifying legislative intent

18  regarding the weighing of a mixture containing a controlled

19  substance described in this section, the weight of the

20  controlled substance is the total weight of the mixture,

21  including the controlled substance and any other substance in

22  the mixture. If there is more than one mixture containing the

23  same controlled substance, the weight of the controlled

24  substance is calculated by aggregating the total weight of

25  each mixture.

26         (7)  For the purpose of further clarifying legislative

27  intent, the Legislature finds that the opinion in Hayes v.

28  State, 760 So.2d 1 (Fla. 1999) does not correctly construe

29  legislative intent. The Legislature finds that the opinions in

30  State v. Hayes, 720 So.2d 1095 (Fla. 4th DCA 1998) and State

31

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  1  v. Baxley, 684 So.2d 831 (Fla. 5th DCA 1996) correctly

  2  construe legislative intent.

  3         Section 4.  Except as specifically provided otherwise

  4  in this act, the provisions reenacted by this act shall be

  5  applied retroactively to July 1, 1999, or as soon thereafter

  6  as the Constitution of the State of Florida and the

  7  Constitution of the United States may permit.

  8         Section 5.  Except as otherwise provided herein, this

  9  act shall take effect upon becoming a law.

10

11            *****************************************

12                          HOUSE SUMMARY

13
      Reenacts certain provisions of chapter 99-188, Laws of
14    Florida, which provide for minimum mandatory terms for
      certain drug crimes. See bill for details.
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