House Bill hb1401er
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2002 Legislature HB 1401
1
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
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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.
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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
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2002 Legislature HB 1401
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
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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
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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.
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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
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2002 Legislature HB 1401
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
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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.
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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.
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2002 Legislature HB 1401
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)
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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
31
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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,
32
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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
33
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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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2002 Legislature HB 1401
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
35
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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.
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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.
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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,
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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,
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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.
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