HB 4189

1	A bill to be entitled
2	An act relating to the death penalty; amending s. 775.082,
3	F.S.; deleting provisions providing for the death penalty
4	for capital felonies; deleting provisions relating to the
5	effect of a declaration by a court of last resort that the
6	death penalty in a capital felony is unconstitutional;
7	amending ss. 27.51 and 27.511, F.S.; deleting provisions
8	relating to representation in death penalty cases;
9	repealing ss. 27.7001, 27.7002, 27.701, 27.702, 27.703,
10	27.704, 27.705, 27.706, 27.707, 27.708, 27.7081, 27.709,
11	27.7091, 27.710, 27.711, and 27.715, F.S., relating to
12	capital collateral representation; amending s. 119.071,
13	F.S.; deleting a public records exemption relating to
14	capital collateral proceedings; amending ss. 775.15 and
15	790.161, F.S.; deleting provisions relating to the effect
16	of a declaration by a court of last resort declaring that
17	the death penalty in a capital felony is unconstitutional;
18	repealing s. 913.13, F.S., relating to jurors in capital
19	cases; repealing s. 921.137, F.S., relating to prohibiting
20	the imposition of the death sentence upon a defendant with
21	mental retardation; repealing s. 921.141, F.S., relating
22	to determination of whether to impose a sentence of death
23	or life imprisonment for a capital felony; repealing s.
24	921.142, F.S., relating determination of whether to impose
25	a sentence of death or life imprisonment for a capital
26	drug trafficking felony; amending ss. 782.04, 794.011, and
27	893.135, F.S.; conforming provisions to changes made by
28	the act; repealing ss. 922.052, 922.06, 922.07, 922.08,
29	922.095, 922.10, 922.105, 922.108, 922.11, 922.111,
30	922.12, 922.14, and 922.15, F.S., relating to issuance of
31	warrant of execution, stay of execution of death sentence,
32	proceedings when person under sentence of death appears to
33	be insane, proceedings when person under sentence of death
34	appears to be pregnant, grounds for death warrant,
35	execution of death sentence, prohibition against reduction
36	of death sentence as a result of determination that a
37	method of execution is unconstitutional, sentencing orders
38	in capital cases, regulation of execution, transfer to
39	state prison for safekeeping before death warrant issued,
40	return of warrant of execution issued by Governor,
41	sentence of death unexecuted for unjustifiable reasons,
42	and return of warrant of execution issued by Supreme
43	Court, respectively; amending s. 924.055, F.S.; deleting
44	provisions relating to legislative intent concerning
45	appeals and postconviction proceedings in death penalty
46	cases; repealing ss. 924.056 and 924.057, F.S., relating
47	to commencement of capital postconviction actions for
48	which sentence of death is imposed; limitations on
49	actions; amending ss. 924.058 and 924.059, F.S.;
50	conforming provisions to changes made by the act; amending
51	s. 925.11, F.S.; deleting provisions relating to
52	preservation of DNA evidence in death penalty cases;
53	amending s. 945.10, F.S.; deleting a public records
54	exemption for the identity of executioners; providing an
55	effective date.
56
57	Be It Enacted by the Legislature of the State of Florida:
58
59	Section 1.  Subsections (1) and (2) of section 775.082,
60	Florida Statutes, are amended to read:
61	775.082  Penalties; applicability of sentencing structures;
62	mandatory minimum sentences for certain reoffenders previously
63	released from prison.-
64	(1)  A person who has been convicted of a capital felony
65	shall be punished by death if the proceeding held to determine
66	sentence according to the procedure set forth in s. 921.141
67	results in findings by the court that such person shall be
68	punished by death, otherwise such person shall be punished by
69	life imprisonment and shall be ineligible for parole.
70	(2)  In the event the death penalty in a capital felony is
71	held to be unconstitutional by the Florida Supreme Court or the
72	United States Supreme Court, the court having jurisdiction over
73	a person previously sentenced to death for a capital felony
74	shall cause such person to be brought before the court, and the
75	court shall sentence such person to life imprisonment as
76	provided in subsection (1). No sentence of death shall be
77	reduced as a result of a determination that a method of
78	execution is held to be unconstitutional under the State
79	Constitution or the Constitution of the United States.
80	Section 2.  Paragraphs (d), (e), and (f) of subsection (1)
81	of section 27.51, Florida Statutes, are amended to read:
82	27.51  Duties of public defender.-
83	(1)  The public defender shall represent, without
84	additional compensation, any person determined to be indigent
85	under s. 27.52 and:
86	(d)  Sought by petition filed in such court to be
87	involuntarily placed as a mentally ill person under part I of
88	chapter 394, involuntarily committed as a sexually violent
89	predator under part V of chapter 394, or involuntarily admitted
90	to residential services as a person with developmental
91	disabilities under chapter 393. A public defender shall not
92	represent any plaintiff in a civil action brought under the
93	Florida Rules of Civil Procedure, the Federal Rules of Civil
94	Procedure, or the federal statutes, or represent a petitioner in
95	a rule challenge under chapter 120, unless specifically
96	authorized by statute; or
97	(e)  Convicted and sentenced to death, for purposes of
98	handling an appeal to the Supreme Court; or
99	(e)(f)  Is appealing a matter in a case arising under
100	paragraphs (a)-(d).
101	Section 3.  Paragraphs (e), (f), and (g) of subsection (5)
102	of section 27.511, Florida Statutes, are amended to read:
103	27.511  Offices of criminal conflict and civil regional
104	counsel; legislative intent; qualifications; appointment;
105	duties.-
106	(5)   When the Office of the Public Defender, at any time
107	during the representation of two or more defendants, determines
108	that the interests of those accused are so adverse or hostile
109	that they cannot all be counseled by the public defender or his
110	or her staff without a conflict of interest, or that none can be
111	counseled by the public defender or his or her staff because of
112	a conflict of interest, and the court grants the public
113	defender's motion to withdraw, the office of criminal conflict
114	and civil regional counsel shall be appointed and shall provide
115	legal services, without additional compensation, to any person
116	determined to be indigent under s. 27.52, who is:
117	(e)  Convicted and sentenced to death, for purposes of
118	handling an appeal to the Supreme Court;
119	(e)(f)  Appealing a matter in a case arising under
120	paragraphs (a)-(d); or
121	(f)(g)  Seeking correction, reduction, or modification of a
122	sentence under Rule 3.800, Florida Rules of Criminal Procedure,
123	or seeking postconviction relief under Rule 3.850, Florida Rules
124	of Criminal Procedure, if, in either case, the court determines
125	that appointment of counsel is necessary to protect a person's
126	due process rights.
127	Section 4.  Sections 27.7001, 27.7002, 27.701, 27.702,
128	27.703, 27.704, 27.705, 27.706, 27.707, 27.708, 27.7081, 27.709,
129	27.7091, 27.710, 27.711, and 27.715 Florida Statutes, are
130	repealed.
131	Section 5.  Paragraph (d) of subsection (1) of section
132	119.071, Florida Statutes, is amended to read:
133	119.071  General exemptions from inspection or copying of
134	public records.-
135	(1)  AGENCY ADMINISTRATION.-
136	(d)1.  A public record that was prepared by an agency
137	attorney (including an attorney employed or retained by the
138	agency or employed or retained by another public officer or
139	agency to protect or represent the interests of the agency
140	having custody of the record) or prepared at the attorney's
141	express direction, that reflects a mental impression,
142	conclusion, litigation strategy, or legal theory of the attorney
143	or the agency, and that was prepared exclusively for civil or
144	criminal litigation or for adversarial administrative
145	proceedings, or that was prepared in anticipation of imminent
146	civil or criminal litigation or imminent adversarial
147	administrative proceedings, is exempt from s. 119.07(1) and s.
148	24(a), Art. I of the State Constitution until the conclusion of
149	the litigation or adversarial administrative proceedings. For
150	purposes of capital collateral litigation as set forth in s.
151	27.7001, the Attorney General's office is entitled to claim this
152	exemption for those public records prepared for direct appeal as
153	well as for all capital collateral litigation after direct
154	appeal until execution of sentence or imposition of a life
155	sentence.
156	2.  This exemption is not waived by the release of such
157	public record to another public employee or officer of the same
158	agency or any person consulted by the agency attorney. When
159	asserting the right to withhold a public record pursuant to this
160	paragraph, the agency shall identify the potential parties to
161	any such criminal or civil litigation or adversarial
162	administrative proceedings. If a court finds that the document
163	or other record has been improperly withheld under this
164	paragraph, the party seeking access to such document or record
165	shall be awarded reasonable attorney's fees and costs in
166	addition to any other remedy ordered by the court.
167	Section 6.  Subsection (1) of section 775.15, Florida
168	Statutes, is amended to read:
169	775.15  Time limitations; general time limitations;
170	exceptions.-
171	(1)  A prosecution for a capital felony, a life felony, or
172	a felony that resulted in a death may be commenced at any time.
173	If the death penalty is held to be unconstitutional by the
174	Florida Supreme Court or the United States Supreme Court, all
175	crimes designated as capital felonies shall be considered life
176	felonies for the purposes of this section, and prosecution for
177	such crimes may be commenced at any time.
178	Section 7.  Subsection (4) of section 790.161, Florida
179	Statutes, is amended to read:
180	790.161  Making, possessing, throwing, projecting, placing,
181	or discharging any destructive device or attempt so to do,
182	felony; penalties.-A person who willfully and unlawfully makes,
183	possesses, throws, projects, places, discharges, or attempts to
184	make, possess, throw, project, place, or discharge any
185	destructive device:
186	(4)  If the act results in the death of another person,
187	commits a capital felony, punishable as provided in s. 775.082.
188	In the event the death penalty in a capital felony is held to be
189	unconstitutional by the Florida Supreme Court or the United
190	States Supreme Court, the court having jurisdiction over a
191	person previously sentenced to death for a capital felony shall
192	cause such person to be brought before the court, and the court
193	shall sentence such person to life imprisonment if convicted of
194	murder in the first degree or of a capital felony under this
195	subsection, and such person shall be ineligible for parole. No
196	sentence of death shall be reduced as a result of a
197	determination that a method of execution is held to be
198	unconstitutional under the State Constitution or the
199	Constitution of the United States.
200	Section 8.  Section 913.13, Florida Statutes, is repealed.
201	Section 9.  Section 921.137, Florida Statutes, is repealed.
202	Section 10.  Sections 921.141 and 921.142, Florida
203	Statutes, are repealed.
204	Section 11.  Subsection (1) of section 782.04, Florida
205	Statutes, is amended to read:
206	782.04  Murder.-
207	(1)(a)  The unlawful killing of a human being:
208	1.  When perpetrated from a premeditated design to effect
209	the death of the person killed or any human being;
210	2.  When committed by a person engaged in the perpetration
211	of, or in the attempt to perpetrate, any:
212	a.  Trafficking offense prohibited by s. 893.135(1),
213	b.  Arson,
214	c.  Sexual battery,
215	d.  Robbery,
216	e.  Burglary,
217	f.  Kidnapping,
218	g.  Escape,
219	h.  Aggravated child abuse,
220	i.  Aggravated abuse of an elderly person or disabled
221	adult,
222	j.  Aircraft piracy,
223	k.  Unlawful throwing, placing, or discharging of a
224	destructive device or bomb,
225	l.  Carjacking,
226	m.  Home-invasion robbery,
227	n.  Aggravated stalking,
228	o.  Murder of another human being,
229	p.  Resisting an officer with violence to his or her
230	person,
231	q.  Felony that is an act of terrorism or is in furtherance
232	of an act of terrorism; or
233	3.  Which resulted from the unlawful distribution of any
234	substance controlled under s. 893.03(1), cocaine as described in
235	s. 893.03(2)(a)4., opium or any synthetic or natural salt,
236	compound, derivative, or preparation of opium, or methadone by a
237	person 18 years of age or older, when such drug is proven to be
238	the proximate cause of the death of the user,
239
240	is murder in the first degree and constitutes a capital felony,
241	punishable as provided in s. 775.082.
242	(b)  In all cases under this section, the procedure set
243	forth in s. 921.141 shall be followed in order to determine
244	sentence of death or life imprisonment.
245	Section 12.  Paragraph (a) of subsection (2) of section
246	794.011, Florida Statutes, is amended to read:
247	794.011  Sexual battery.-
248	(2)(a)  A person 18 years of age or older who commits
249	sexual battery upon, or in an attempt to commit sexual battery
250	injures the sexual organs of, a person less than 12 years of age
251	commits a capital felony, punishable as provided in s. ss.
252	775.082 and 921.141.
253	Section 13.  Paragraphs (b), (c), (d), (e), (f), (g), (h),
254	(i), (j), (k), and (l) of subsection (1) of section 893.135,
255	Florida Statutes, are amended to read:
256	893.135  Trafficking; mandatory sentences; suspension or
257	reduction of sentences; conspiracy to engage in trafficking.-
258	(1)  Except as authorized in this chapter or in chapter 499
259	and notwithstanding the provisions of s. 893.13:
260	(b)1.  Any person who knowingly sells, purchases,
261	manufactures, delivers, or brings into this state, or who is
262	knowingly in actual or constructive possession of, 28 grams or
263	more of cocaine, as described in s. 893.03(2)(a)4., or of any
264	mixture containing cocaine, but less than 150 kilograms of
265	cocaine or any such mixture, commits a felony of the first
266	degree, which felony shall be known as "trafficking in cocaine,"
267	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
268	If the quantity involved:
269	a.  Is 28 grams or more, but less than 200 grams, such
270	person shall be sentenced to a mandatory minimum term of
271	imprisonment of 3 years, and the defendant shall be ordered to
272	pay a fine of $50,000.
273	b.  Is 200 grams or more, but less than 400 grams, such
274	person shall be sentenced to a mandatory minimum term of
275	imprisonment of 7 years, and the defendant shall be ordered to
276	pay a fine of $100,000.
277	c.  Is 400 grams or more, but less than 150 kilograms, such
278	person shall be sentenced to a mandatory minimum term of
279	imprisonment of 15 calendar years and pay a fine of $250,000.
280	2.  Any person who knowingly sells, purchases,
281	manufactures, delivers, or brings into this state, or who is
282	knowingly in actual or constructive possession of, 150 kilograms
283	or more of cocaine, as described in s. 893.03(2)(a)4., commits
284	the first degree felony of trafficking in cocaine. A person who
285	has been convicted of the first degree felony of trafficking in
286	cocaine under this subparagraph shall be punished by life
287	imprisonment and is ineligible for any form of discretionary
288	early release except pardon or executive clemency or conditional
289	medical release under s. 947.149. However, if the court
290	determines that, in addition to committing any act specified in
291	this paragraph:
292	a.  The person intentionally killed an individual or
293	counseled, commanded, induced, procured, or caused the
294	intentional killing of an individual and such killing was the
295	result; or
296	b.  The person's conduct in committing that act led to a
297	natural, though not inevitable, lethal result,
298
299	such person commits the capital felony of trafficking in
300	cocaine, punishable as provided in s. ss. 775.082 and 921.142.
301	Any person sentenced for a capital felony under this paragraph
302	shall also be sentenced to pay the maximum fine provided under
303	subparagraph 1.
304	3.  Any person who knowingly brings into this state 300
305	kilograms or more of cocaine, as described in s. 893.03(2)(a)4.,
306	and who knows that the probable result of such importation would
307	be the death of any person, commits capital importation of
308	cocaine, a capital felony punishable as provided in s. ss.
309	775.082 and 921.142. Any person sentenced for a capital felony
310	under this paragraph shall also be sentenced to pay the maximum
311	fine provided under subparagraph 1.
312	(c)1.  Any person who knowingly sells, purchases,
313	manufactures, delivers, or brings into this state, or who is
314	knowingly in actual or constructive possession of, 4 grams or
315	more of any morphine, opium, oxycodone, hydrocodone,
316	hydromorphone, or any salt, derivative, isomer, or salt of an
317	isomer thereof, including heroin, as described in s.
318	893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 4 grams or more
319	of any mixture containing any such substance, but less than 30
320	kilograms of such substance or mixture, commits a felony of the
321	first degree, which felony shall be known as "trafficking in
322	illegal drugs," punishable as provided in s. 775.082, s.
323	775.083, or s. 775.084. If the quantity involved:
324	a.  Is 4 grams or more, but less than 14 grams, such person
325	shall be sentenced to a mandatory minimum term of imprisonment
326	of 3 years, and the defendant shall be ordered to pay a fine of
327	$50,000.
328	b.  Is 14 grams or more, but less than 28 grams, such
329	person shall be sentenced to a mandatory minimum term of
330	imprisonment of 15 years, and the defendant shall be ordered to
331	pay a fine of $100,000.
332	c.  Is 28 grams or more, but less than 30 kilograms, such
333	person shall be sentenced to a mandatory minimum term of
334	imprisonment of 25 calendar years and pay a fine of $500,000.
335	2.  Any person who knowingly sells, purchases,
336	manufactures, delivers, or brings into this state, or who is
337	knowingly in actual or constructive possession of, 30 kilograms
338	or more of any morphine, opium, oxycodone, hydrocodone,
339	hydromorphone, or any salt, derivative, isomer, or salt of an
340	isomer thereof, including heroin, as described in s.
341	893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or
342	more of any mixture containing any such substance, commits the
343	first degree felony of trafficking in illegal drugs. A person
344	who has been convicted of the first degree felony of trafficking
345	in illegal drugs under this subparagraph shall be punished by
346	life imprisonment and is ineligible for any form of
347	discretionary early release except pardon or executive clemency
348	or conditional medical release under s. 947.149. However, if the
349	court determines that, in addition to committing any act
350	specified in this paragraph:
351	a.  The person intentionally killed an individual or
352	counseled, commanded, induced, procured, or caused the
353	intentional killing of an individual and such killing was the
354	result; or
355	b.  The person's conduct in committing that act led to a
356	natural, though not inevitable, lethal result,
357
358	such person commits the capital felony of trafficking in illegal
359	drugs, punishable as provided in s. ss. 775.082 and 921.142. Any
360	person sentenced for a capital felony under this paragraph shall
361	also be sentenced to pay the maximum fine provided under
362	subparagraph 1.
363	3.  Any person who knowingly brings into this state 60
364	kilograms or more of any morphine, opium, oxycodone,
365	hydrocodone, hydromorphone, or any salt, derivative, isomer, or
366	salt of an isomer thereof, including heroin, as described in s.
367	893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 60 kilograms or
368	more of any mixture containing any such substance, and who knows
369	that the probable result of such importation would be the death
370	of any person, commits capital importation of illegal drugs, a
371	capital felony punishable as provided in s. ss. 775.082 and
372	921.142. Any person sentenced for a capital felony under this
373	paragraph shall also be sentenced to pay the maximum fine
374	provided under subparagraph 1.
375	(d)1.  Any person who knowingly sells, purchases,
376	manufactures, delivers, or brings into this state, or who is
377	knowingly in actual or constructive possession of, 28 grams or
378	more of phencyclidine or of any mixture containing
379	phencyclidine, as described in s. 893.03(2)(b), commits a felony
380	of the first degree, which felony shall be known as "trafficking
381	in phencyclidine," punishable as provided in s. 775.082, s.
382	775.083, or s. 775.084. If the quantity involved:
383	a.  Is 28 grams or more, but less than 200 grams, such
384	person shall be sentenced to a mandatory minimum term of
385	imprisonment of 3 years, and the defendant shall be ordered to
386	pay a fine of $50,000.
387	b.  Is 200 grams or more, but less than 400 grams, such
388	person shall be sentenced to a mandatory minimum term of
389	imprisonment of 7 years, and the defendant shall be ordered to
390	pay a fine of $100,000.
391	c.  Is 400 grams or more, such person shall be sentenced to
392	a mandatory minimum term of imprisonment of 15 calendar years
393	and pay a fine of $250,000.
394	2.  Any person who knowingly brings into this state 800
395	grams or more of phencyclidine or of any mixture containing
396	phencyclidine, as described in s. 893.03(2)(b), and who knows
397	that the probable result of such importation would be the death
398	of any person commits capital importation of phencyclidine, a
399	capital felony punishable as provided in s. ss. 775.082 and
400	921.142. Any person sentenced for a capital felony under this
401	paragraph shall also be sentenced to pay the maximum fine
402	provided under subparagraph 1.
403	(e)1.  Any person who knowingly sells, purchases,
404	manufactures, delivers, or brings into this state, or who is
405	knowingly in actual or constructive possession of, 200 grams or
406	more of methaqualone or of any mixture containing methaqualone,
407	as described in s. 893.03(1)(d), commits a felony of the first
408	degree, which felony shall be known as "trafficking in
409	methaqualone," punishable as provided in s. 775.082, s. 775.083,
410	or s. 775.084. If the quantity involved:
411	a.  Is 200 grams or more, but less than 5 kilograms, such
412	person shall be sentenced to a mandatory minimum term of
413	imprisonment of 3 years, and the defendant shall be ordered to
414	pay a fine of $50,000.
415	b.  Is 5 kilograms or more, but less than 25 kilograms,
416	such person shall be sentenced to a mandatory minimum term of
417	imprisonment of 7 years, and the defendant shall be ordered to
418	pay a fine of $100,000.
419	c.  Is 25 kilograms or more, such person shall be sentenced
420	to a mandatory minimum term of imprisonment of 15 calendar years
421	and pay a fine of $250,000.
422	2.  Any person who knowingly brings into this state 50
423	kilograms or more of methaqualone or of any mixture containing
424	methaqualone, as described in s. 893.03(1)(d), and who knows
425	that the probable result of such importation would be the death
426	of any person commits capital importation of methaqualone, a
427	capital felony punishable as provided in s. ss. 775.082 and
428	921.142. Any person sentenced for a capital felony under this
429	paragraph shall also be sentenced to pay the maximum fine
430	provided under subparagraph 1.
431	(f)1.  Any person who knowingly sells, purchases,
432	manufactures, delivers, or brings into this state, or who is
433	knowingly in actual or constructive possession of, 14 grams or
434	more of amphetamine, as described in s. 893.03(2)(c)2., or
435	methamphetamine, as described in s. 893.03(2)(c)4., or of any
436	mixture containing amphetamine or methamphetamine, or
437	phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine
438	in conjunction with other chemicals and equipment utilized in
439	the manufacture of amphetamine or methamphetamine, commits a
440	felony of the first degree, which felony shall be known as
441	"trafficking in amphetamine," punishable as provided in s.
442	775.082, s. 775.083, or s. 775.084. If the quantity involved:
443	a.  Is 14 grams or more, but less than 28 grams, such
444	person shall be sentenced to a mandatory minimum term of
445	imprisonment of 3 years, and the defendant shall be ordered to
446	pay a fine of $50,000.
447	b.  Is 28 grams or more, but less than 200 grams, such
448	person shall be sentenced to a mandatory minimum term of
449	imprisonment of 7 years, and the defendant shall be ordered to
450	pay a fine of $100,000.
451	c.  Is 200 grams or more, such person shall be sentenced to
452	a mandatory minimum term of imprisonment of 15 calendar years
453	and pay a fine of $250,000.
454	2.  Any person who knowingly manufactures or brings into
455	this state 400 grams or more of amphetamine, as described in s.
456	893.03(2)(c)2., or methamphetamine, as described in s.
457	893.03(2)(c)4., or of any mixture containing amphetamine or
458	methamphetamine, or phenylacetone, phenylacetic acid,
459	pseudoephedrine, or ephedrine in conjunction with other
460	chemicals and equipment used in the manufacture of amphetamine
461	or methamphetamine, and who knows that the probable result of
462	such manufacture or importation would be the death of any person
463	commits capital manufacture or importation of amphetamine, a
464	capital felony punishable as provided in s. ss. 775.082 and
465	921.142. Any person sentenced for a capital felony under this
466	paragraph shall also be sentenced to pay the maximum fine
467	provided under subparagraph 1.
468	(g)1.  Any person who knowingly sells, purchases,
469	manufactures, delivers, or brings into this state, or who is
470	knowingly in actual or constructive possession of, 4 grams or
471	more of flunitrazepam or any mixture containing flunitrazepam as
472	described in s. 893.03(1)(a) commits a felony of the first
473	degree, which felony shall be known as "trafficking in
474	flunitrazepam," punishable as provided in s. 775.082, s.
475	775.083, or s. 775.084. If the quantity involved:
476	a.  Is 4 grams or more but less than 14 grams, such person
477	shall be sentenced to a mandatory minimum term of imprisonment
478	of 3 years, and the defendant shall be ordered to pay a fine of
479	$50,000.
480	b.  Is 14 grams or more but less than 28 grams, such person
481	shall be sentenced to a mandatory minimum term of imprisonment
482	of 7 years, and the defendant shall be ordered to pay a fine of
483	$100,000.
484	c.  Is 28 grams or more but less than 30 kilograms, such
485	person shall be sentenced to a mandatory minimum term of
486	imprisonment of 25 calendar years and pay a fine of $500,000.
487	2.  Any person who knowingly sells, purchases,
488	manufactures, delivers, or brings into this state or who is
489	knowingly in actual or constructive possession of 30 kilograms
490	or more of flunitrazepam or any mixture containing flunitrazepam
491	as described in s. 893.03(1)(a) commits the first degree felony
492	of trafficking in flunitrazepam. A person who has been convicted
493	of the first degree felony of trafficking in flunitrazepam under
494	this subparagraph shall be punished by life imprisonment and is
495	ineligible for any form of discretionary early release except
496	pardon or executive clemency or conditional medical release
497	under s. 947.149. However, if the court determines that, in
498	addition to committing any act specified in this paragraph:
499	a.  The person intentionally killed an individual or
500	counseled, commanded, induced, procured, or caused the
501	intentional killing of an individual and such killing was the
502	result; or
503	b.  The person's conduct in committing that act led to a
504	natural, though not inevitable, lethal result,
505
506	such person commits the capital felony of trafficking in
507	flunitrazepam, punishable as provided in s. ss. 775.082 and
508	921.142. Any person sentenced for a capital felony under this
509	paragraph shall also be sentenced to pay the maximum fine
510	provided under subparagraph 1.
511	(h)1.  Any person who knowingly sells, purchases,
512	manufactures, delivers, or brings into this state, or who is
513	knowingly in actual or constructive possession of, 1 kilogram or
514	more of gamma-hydroxybutyric acid (GHB), as described in s.
515	893.03(1)(d), or any mixture containing gamma-hydroxybutyric
516	acid (GHB), commits a felony of the first degree, which felony
517	shall be known as "trafficking in gamma-hydroxybutyric acid
518	(GHB)," punishable as provided in s. 775.082, s. 775.083, or s.
519	775.084. If the quantity involved:
520	a.  Is 1 kilogram or more but less than 5 kilograms, such
521	person shall be sentenced to a mandatory minimum term of
522	imprisonment of 3 years, and the defendant shall be ordered to
523	pay a fine of $50,000.
524	b.  Is 5 kilograms or more but less than 10 kilograms, such
525	person shall be sentenced to a mandatory minimum term of
526	imprisonment of 7 years, and the defendant shall be ordered to
527	pay a fine of $100,000.
528	c.  Is 10 kilograms or more, such person shall be sentenced
529	to a mandatory minimum term of imprisonment of 15 calendar years
530	and pay a fine of $250,000.
531	2.  Any person who knowingly manufactures or brings into
532	this state 150 kilograms or more of gamma-hydroxybutyric acid
533	(GHB), as described in s. 893.03(1)(d), or any mixture
534	containing gamma-hydroxybutyric acid (GHB), and who knows that
535	the probable result of such manufacture or importation would be
536	the death of any person commits capital manufacture or
537	importation of gamma-hydroxybutyric acid (GHB), a capital felony
538	punishable as provided in s. ss. 775.082 and 921.142. Any person
539	sentenced for a capital felony under this paragraph shall also
540	be sentenced to pay the maximum fine provided under subparagraph
541	1.
542	(i)1.  Any person who knowingly sells, purchases,
543	manufactures, delivers, or brings into this state, or who is
544	knowingly in actual or constructive possession of, 1 kilogram or
545	more of gamma-butyrolactone (GBL), as described in s.
546	893.03(1)(d), or any mixture containing gamma-butyrolactone
547	(GBL), commits a felony of the first degree, which felony shall
548	be known as "trafficking in gamma-butyrolactone (GBL),"
549	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
550	If the quantity involved:
551	a.  Is 1 kilogram or more but less than 5 kilograms, such
552	person shall be sentenced to a mandatory minimum term of
553	imprisonment of 3 years, and the defendant shall be ordered to
554	pay a fine of $50,000.
555	b.  Is 5 kilograms or more but less than 10 kilograms, such
556	person shall be sentenced to a mandatory minimum term of
557	imprisonment of 7 years, and the defendant shall be ordered to
558	pay a fine of $100,000.
559	c.  Is 10 kilograms or more, such person shall be sentenced
560	to a mandatory minimum term of imprisonment of 15 calendar years
561	and pay a fine of $250,000.
562	2.  Any person who knowingly manufactures or brings into
563	the state 150 kilograms or more of gamma-butyrolactone (GBL), as
564	described in s. 893.03(1)(d), or any mixture containing gamma-
565	butyrolactone (GBL), and who knows that the probable result of
566	such manufacture or importation would be the death of any person
567	commits capital manufacture or importation of gamma-
568	butyrolactone (GBL), a capital felony punishable as provided in
569	s. ss. 775.082 and 921.142. Any person sentenced for a capital
570	felony under this paragraph shall also be sentenced to pay the
571	maximum fine provided under subparagraph 1.
572	(j)1.  Any person who knowingly sells, purchases,
573	manufactures, delivers, or brings into this state, or who is
574	knowingly in actual or constructive possession of, 1 kilogram or
575	more of 1,4-Butanediol as described in s. 893.03(1)(d), or of
576	any mixture containing 1,4-Butanediol, commits a felony of the
577	first degree, which felony shall be known as "trafficking in
578	1,4-Butanediol," punishable as provided in s. 775.082, s.
579	775.083, or s. 775.084. If the quantity involved:
580	a.  Is 1 kilogram or more, but less than 5 kilograms, such
581	person shall be sentenced to a mandatory minimum term of
582	imprisonment of 3 years, and the defendant shall be ordered to
583	pay a fine of $50,000.
584	b.  Is 5 kilograms or more, but less than 10 kilograms,
585	such person shall be sentenced to a mandatory minimum term of
586	imprisonment of 7 years, and the defendant shall be ordered to
587	pay a fine of $100,000.
588	c.  Is 10 kilograms or more, such person shall be sentenced
589	to a mandatory minimum term of imprisonment of 15 calendar years
590	and pay a fine of $500,000.
591	2.  Any person who knowingly manufactures or brings into
592	this state 150 kilograms or more of 1,4-Butanediol as described
593	in s. 893.03(1)(d), or any mixture containing 1,4-Butanediol,
594	and who knows that the probable result of such manufacture or
595	importation would be the death of any person commits capital
596	manufacture or importation of 1,4-Butanediol, a capital felony
597	punishable as provided in s. ss. 775.082 and 921.142. Any person
598	sentenced for a capital felony under this paragraph shall also
599	be sentenced to pay the maximum fine provided under subparagraph
600	1.
601	(k)1.  Any person who knowingly sells, purchases,
602	manufactures, delivers, or brings into this state, or who is
603	knowingly in actual or constructive possession of, 10 grams or
604	more of any of the following substances described in s.
605	893.03(1)(a) or (c):
606	a.  3,4-Methylenedioxymethamphetamine (MDMA);
607	b.  4-Bromo-2,5-dimethoxyamphetamine;
608	c.  4-Bromo-2,5-dimethoxyphenethylamine;
609	d.  2,5-Dimethoxyamphetamine;
610	e.  2,5-Dimethoxy-4-ethylamphetamine (DOET);
611	f.  N-ethylamphetamine;
612	g.  N-Hydroxy-3,4-methylenedioxyamphetamine;
613	h.  5-Methoxy-3,4-methylenedioxyamphetamine;
614	i.  4-methoxyamphetamine;
615	j.  4-methoxymethamphetamine;
616	k.  4-Methyl-2,5-dimethoxyamphetamine;
617	l.  3,4-Methylenedioxy-N-ethylamphetamine;
618	m.  3,4-Methylenedioxyamphetamine;
619	n.  N,N-dimethylamphetamine; or
620	o.  3,4,5-Trimethoxyamphetamine,
621
622	individually or in any combination of or any mixture containing
623	any substance listed in sub-subparagraphs a.-o., commits a
624	felony of the first degree, which felony shall be known as
625	"trafficking in Phenethylamines," punishable as provided in s.
626	775.082, s. 775.083, or s. 775.084.
627	2.  If the quantity involved:
628	a.  Is 10 grams or more but less than 200 grams, such
629	person shall be sentenced to a mandatory minimum term of
630	imprisonment of 3 years, and the defendant shall be ordered to
631	pay a fine of $50,000.
632	b.  Is 200 grams or more, but less than 400 grams, such
633	person shall be sentenced to a mandatory minimum term of
634	imprisonment of 7 years, and the defendant shall be ordered to
635	pay a fine of $100,000.
636	c.  Is 400 grams or more, such person shall be sentenced to
637	a mandatory minimum term of imprisonment of 15 calendar years
638	and pay a fine of $250,000.
639	3.  Any person who knowingly manufactures or brings into
640	this state 30 kilograms or more of any of the following
641	substances described in s. 893.03(1)(a) or (c):
642	a.  3,4-Methylenedioxymethamphetamine (MDMA);
643	b.  4-Bromo-2,5-dimethoxyamphetamine;
644	c.  4-Bromo-2,5-dimethoxyphenethylamine;
645	d.  2,5-Dimethoxyamphetamine;
646	e.  2,5-Dimethoxy-4-ethylamphetamine (DOET);
647	f.  N-ethylamphetamine;
648	g.  N-Hydroxy-3,4-methylenedioxyamphetamine;
649	h.  5-Methoxy-3,4-methylenedioxyamphetamine;
650	i.  4-methoxyamphetamine;
651	j.  4-methoxymethamphetamine;
652	k.  4-Methyl-2,5-dimethoxyamphetamine;
653	l.  3,4-Methylenedioxy-N-ethylamphetamine;
654	m.  3,4-Methylenedioxyamphetamine;
655	n.  N,N-dimethylamphetamine; or
656	o.  3,4,5-Trimethoxyamphetamine,
657
658	individually or in any combination of or any mixture containing
659	any substance listed in sub-subparagraphs a.-o., and who knows
660	that the probable result of such manufacture or importation
661	would be the death of any person commits capital manufacture or
662	importation of Phenethylamines, a capital felony punishable as
663	provided in s. ss. 775.082 and 921.142. Any person sentenced for
664	a capital felony under this paragraph shall also be sentenced to
665	pay the maximum fine provided under subparagraph 1.
666	(l)1.  Any person who knowingly sells, purchases,
667	manufactures, delivers, or brings into this state, or who is
668	knowingly in actual or constructive possession of, 1 gram or
669	more of lysergic acid diethylamide (LSD) as described in s.
670	893.03(1)(c), or of any mixture containing lysergic acid
671	diethylamide (LSD), commits a felony of the first degree, which
672	felony shall be known as "trafficking in lysergic acid
673	diethylamide (LSD)," punishable as provided in s. 775.082, s.
674	775.083, or s. 775.084. If the quantity involved:
675	a.  Is 1 gram or more, but less than 5 grams, such person
676	shall be sentenced to a mandatory minimum term of imprisonment
677	of 3 years, and the defendant shall be ordered to pay a fine of
678	$50,000.
679	b.  Is 5 grams or more, but less than 7 grams, such person
680	shall be sentenced to a mandatory minimum term of imprisonment
681	of 7 years, and the defendant shall be ordered to pay a fine of
682	$100,000.
683	c.  Is 7 grams or more, such person shall be sentenced to a
684	mandatory minimum term of imprisonment of 15 calendar years and
685	pay a fine of $500,000.
686	2.  Any person who knowingly manufactures or brings into
687	this state 7 grams or more of lysergic acid diethylamide (LSD)
688	as described in s. 893.03(1)(c), or any mixture containing
689	lysergic acid diethylamide (LSD), and who knows that the
690	probable result of such manufacture or importation would be the
691	death of any person commits capital manufacture or importation
692	of lysergic acid diethylamide (LSD), a capital felony punishable
693	as provided in s. ss. 775.082 and 921.142. Any person sentenced
694	for a capital felony under this paragraph shall also be
695	sentenced to pay the maximum fine provided under subparagraph 1.
696	Section 14.  Sections 922.052, 922.06, 922.07, 922.08,
697	922.095, 922.10, 922.105, 922.108, 922.11, 922.111, 922.12,
698	922.14, and 922.15, Florida Statutes, are repealed.
699	Section 15.  Section 924.055, Florida Statutes, is amended
700	to read:
701	924.055  Postconviction review in capital cases;
702	legislative findings and intent.-
703	(1)  It is the intent of the Legislature to reduce delays
704	in capital cases and to ensure that all appeals and
705	postconviction actions in capital cases are resolved within 5
706	years after the date a sentence of death is imposed in the
707	circuit court. All capital postconviction actions must be filed
708	as early as possible after the imposition of a sentence of death
709	which may be during a direct appeal of the conviction and
710	sentence. A person sentenced to death or that person's capital
711	postconviction counsel must file any postconviction legal action
712	in compliance with the statutes of limitation established in s.
713	924.056 and elsewhere in this chapter. Except as expressly
714	allowed by s. 924.056(5), a person sentenced to death or that
715	person's capital postconviction counsel may not file more than
716	one postconviction action in a sentencing court and one appeal
717	therefrom to the Florida Supreme Court, unless authorized by
718	law.
719	(2)  It is the further intent of the Legislature that no
720	state resources be expended in violation of this act. In the
721	event that any state employee or party contracting with the
722	state violates the provisions of this act, the Attorney General
723	shall deliver to the Speaker of the House of Representatives and
724	the President of the Senate a copy of any court pleading or
725	order that describes or adjudicates a violation.
726	Section 16.  Sections 924.056 and 924.057, Florida
727	Statutes, are repealed.
728	Section 17.  Subsection (1) of section 924.058, Florida
729	Statutes, is amended to read:
730	924.058  Capital postconviction claims.-This section shall
731	regulate the procedures in actions for capital postconviction
732	relief commencing after the effective date of this act unless
733	and until such procedures are revised by rule or rules adopted
734	by the Florida Supreme Court which specifically reference this
735	section.
736	(1)  The defendant or the defendant's capital
737	postconviction counsel shall not file more than one capital
738	postconviction action in the sentencing court, one appeal
739	therefrom in the Florida Supreme Court, and one original capital
740	postconviction action alleging the ineffectiveness of direct
741	appeal counsel in the Florida Supreme Court, except as expressly
742	allowed by s. 924.056(5).
743	Section 18.  Subsection (8) of section 924.059, Florida
744	Statutes, is amended to read:
745	924.059  Time limitations and judicial review in capital
746	postconviction actions.-This section shall regulate the
747	procedures in actions for capital postconviction relief
748	commencing after the effective date of this act unless and until
749	such procedures are revised by rule or rules adopted by the
750	Florida Supreme Court which specifically reference this section.
751	(8)  A capital postconviction action filed in violation of
752	the time limitations provided by statute is barred, and all
753	claims raised therein are waived. A state court shall not
754	consider any capital postconviction action filed in violation of
755	s. 924.056 or s. 924.057. The Attorney General shall deliver to
756	the Governor, the President of the Senate, and the Speaker of
757	the House of Representatives a copy of any pleading or order
758	that alleges or adjudicates any violation of this provision.
759	Section 19.  Subsection (4) of section 925.11, Florida
760	Statutes, is amended to read:
761	925.11  Postsentencing DNA testing.-
762	(4)  PRESERVATION OF EVIDENCE.-
763	(a)  Governmental entities that may be in possession of any
764	physical evidence in the case, including, but not limited to,
765	any investigating law enforcement agency, the clerk of the
766	court, the prosecuting authority, or the Department of Law
767	Enforcement shall maintain any physical evidence collected at
768	the time of the crime for which a postsentencing testing of DNA
769	may be requested.
770	(b)  In a case in which the death penalty is imposed, the
771	evidence shall be maintained for 60 days after execution of the
772	sentence. In all other cases, a governmental entity may dispose
773	of the physical evidence if the term of the sentence imposed in
774	the case has expired and no other provision of law or rule
775	requires that the physical evidence be preserved or retained.
776	Section 20.  Paragraphs (g) and (h) of subsection (1) and
777	subsection (2) of section 945.10, Florida Statutes, are amended
778	to read:
779	945.10  Confidential information.-
780	(1)  Except as otherwise provided by law or in this
781	section, the following records and information held by the
782	Department of Corrections are confidential and exempt from the
783	provisions of s. 119.07(1) and s. 24(a), Art. I of the State
784	Constitution:
785	(g)  Information which identifies an executioner, or any
786	person prescribing, preparing, compounding, dispensing, or
787	administering a lethal injection.
788	(g)(h)  Records that are otherwise confidential or exempt
789	from public disclosure by law.
790	(2)  The records and information specified in subsection
791	paragraphs (1)(a)-(h) may be released as follows unless
792	expressly prohibited by federal law:
793	(a)  Information specified in paragraphs (1)(b), (d), and
794	(f) to the Office of the Governor, the Legislature, the Parole
795	Commission, the Department of Children and Family Services, a
796	private correctional facility or program that operates under a
797	contract, the Department of Legal Affairs, a state attorney, the
798	court, or a law enforcement agency. A request for records or
799	information pursuant to this paragraph need not be in writing.
800	(b)  Information specified in paragraphs (1)(c), (e), and
801	(g)(h) to the Office of the Governor, the Legislature, the
802	Parole Commission, the Department of Children and Family
803	Services, a private correctional facility or program that
804	operates under contract, the Department of Legal Affairs, a
805	state attorney, the court, or a law enforcement agency. A
806	request for records or information pursuant to this paragraph
807	must be in writing and a statement provided demonstrating a need
808	for the records or information.
809	(c)  Information specified in paragraph (1)(b) to an
810	attorney representing an inmate under sentence of death, except
811	those portions of the records containing a victim's statement or
812	address, or the statement or address of a relative of the
813	victim. A request for records of information pursuant to this
814	paragraph must be in writing and a statement provided
815	demonstrating a need for the records or information.
816	(d)  Information specified in paragraph (1)(b) to a public
817	defender representing a defendant, except those portions of the
818	records containing a victim's statement or address, or the
819	statement or address of a relative of the victim. A request for
820	records or information pursuant to this paragraph need not be in
821	writing.
822	(e)  Information specified in paragraph (1)(b) to state or
823	local governmental agencies. A request for records or
824	information pursuant to this paragraph must be in writing and a
825	statement provided demonstrating a need for the records or
826	information.
827	(f)  Information specified in paragraph (1)(b) to a person
828	conducting legitimate research. A request for records and
829	information pursuant to this paragraph must be in writing, the
830	person requesting the records or information must sign a
831	confidentiality agreement, and the department must approve the
832	request in writing.
833	(g)  Information specified in paragraph (1)(a) to the
834	Department of Health and the county health department where an
835	inmate plans to reside if he or she has tested positive for the
836	presence of the antibody or antigen to human immunodeficiency
837	virus infection.
838
839	Records and information released under this subsection remain
840	confidential and exempt from the provisions of s. 119.07(1) and
841	s. 24(a), Art. I of the State Constitution when held by the
842	receiving person or entity.
843	Section 21.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.