Florida Senate - 2014                                     SB 896
       
       
        
       By Senator Bullard
       
       
       
       
       
       39-01502-14                                            2014896__
    1                        A bill to be entitled                      
    2         An act relating to the death penalty; amending s.
    3         775.082, F.S.; deleting provisions providing for the
    4         death penalty for capital felonies; deleting
    5         provisions relating to the effect of a declaration by
    6         a court of last resort that the death penalty in a
    7         capital felony is unconstitutional; amending ss. 27.51
    8         and 27.511, F.S.; deleting provisions relating to
    9         representation in death penalty cases; repealing ss.
   10         27.7001, 27.7002, 27.701, 27.702, 27.703, 27.704,
   11         27.7045, 27.705, 27.706, 27.707, 27.708, 27.7081,
   12         27.7091, 27.710, 27.711, and 27.715, F.S., relating to
   13         capital collateral representation and constitutionally
   14         deficient representation, respectively; amending s.
   15         119.071, F.S.; deleting a public records exemption
   16         relating to capital collateral proceedings; amending
   17         s. 282.201, F.S.; conforming a provision to changes
   18         made by the act; amending ss. 775.15 and 790.161,
   19         F.S.; deleting provisions relating to the effect of a
   20         declaration by a court of last resort declaring that
   21         the death penalty in a capital felony is
   22         unconstitutional; repealing s. 913.13, F.S., relating
   23         to jurors in capital cases; repealing s. 921.137,
   24         F.S., relating to prohibiting the imposition of the
   25         death sentence upon a defendant with mental
   26         retardation; repealing s. 921.141, F.S., relating to
   27         determination of whether to impose a sentence of death
   28         or life imprisonment for a capital felony; repealing
   29         s. 921.142, F.S., relating to determination of whether
   30         to impose a sentence of death or life imprisonment for
   31         a capital drug trafficking felony; amending ss.
   32         782.04, 394.912, 782.065, 794.011, and 893.135, F.S.;
   33         conforming provisions to changes made by the act;
   34         repealing ss. 922.052, 922.06, 922.07, 922.08,
   35         922.095, 922.10, 922.105, 922.108, 922.11, 922.111,
   36         922.12, 922.14, 922.15, 924.055, 924.056, and 924.057,
   37         F.S., relating to issuance of warrant of execution,
   38         stay of execution of death sentence, proceedings when
   39         person under sentence of death appears to be insane,
   40         proceedings when person under sentence of death
   41         appears to be pregnant, grounds for death warrant,
   42         execution of death sentence, prohibition against
   43         reduction of death sentence as a result of
   44         determination that a method of execution is
   45         unconstitutional, sentencing orders in capital cases,
   46         regulation of execution, transfer to state prison for
   47         safekeeping before death warrant issued, return of
   48         warrant of execution issued by Governor, sentence of
   49         death unexecuted for unjustifiable reasons, return of
   50         warrant of execution issued by Supreme Court,
   51         legislative intent concerning appeals and
   52         postconviction proceedings in death penalty cases,
   53         commencement of capital postconviction actions for
   54         which sentence of death is imposed on or after January
   55         14, 2000, and limitation on postconviction cases in
   56         which the death sentence was imposed before January
   57         14, 2000, respectively; amending s. 925.11, F.S.;
   58         deleting provisions relating to preservation of DNA
   59         evidence in death penalty cases; amending s. 945.10,
   60         F.S.; deleting a public records exemption for the
   61         identity of executioners; providing an effective date.
   62          
   63  Be It Enacted by the Legislature of the State of Florida:
   64  
   65         Section 1. Subsections (1) and (2) of section 775.082,
   66  Florida Statutes, are amended to read:
   67         775.082 Penalties; applicability of sentencing structures;
   68  mandatory minimum sentences for certain reoffenders previously
   69  released from prison.—
   70         (1) A person who has been convicted of a capital felony
   71  shall be punished by death if the proceeding held to determine
   72  sentence according to the procedure set forth in s. 921.141
   73  results in findings by the court that such person shall be
   74  punished by death, otherwise such person shall be punished by
   75  life imprisonment and shall be ineligible for parole.
   76         (2) In the event the death penalty in a capital felony is
   77  held to be unconstitutional by the Florida Supreme Court or the
   78  United States Supreme Court, the court having jurisdiction over
   79  a person previously sentenced to death for a capital felony
   80  shall cause such person to be brought before the court, and the
   81  court shall sentence such person to life imprisonment as
   82  provided in subsection (1). No sentence of death shall be
   83  reduced as a result of a determination that a method of
   84  execution is held to be unconstitutional under the State
   85  Constitution or the Constitution of the United States.
   86         Section 2. Paragraphs (d), (e), and (f) of subsection (1)
   87  of section 27.51, Florida Statutes, are amended to read:
   88         27.51 Duties of public defender.—
   89         (1) The public defender shall represent, without additional
   90  compensation, any person determined to be indigent under s.
   91  27.52 and:
   92         (d) Sought by petition filed in such court to be
   93  involuntarily placed as a mentally ill person under part I of
   94  chapter 394, involuntarily committed as a sexually violent
   95  predator under part V of chapter 394, or involuntarily admitted
   96  to residential services as a person with developmental
   97  disabilities under chapter 393. A public defender shall not
   98  represent any plaintiff in a civil action brought under the
   99  Florida Rules of Civil Procedure, the Federal Rules of Civil
  100  Procedure, or the federal statutes, or represent a petitioner in
  101  a rule challenge under chapter 120, unless specifically
  102  authorized by statute; or
  103         (e) Convicted and sentenced to death, for purposes of
  104  handling an appeal to the Supreme Court; or
  105         (e)(f) Is appealing a matter in a case arising under
  106  paragraphs (a)-(d).
  107         Section 3. Paragraphs (e), (f), and (g) of subsection (5)
  108  and subsection (8) of section 27.511, Florida Statutes, are
  109  amended to read:
  110         27.511 Offices of criminal conflict and civil regional
  111  counsel; legislative intent; qualifications; appointment;
  112  duties.—
  113         (5) When the Office of the Public Defender, at any time
  114  during the representation of two or more defendants, determines
  115  that the interests of those accused are so adverse or hostile
  116  that they cannot all be counseled by the public defender or his
  117  or her staff without a conflict of interest, or that none can be
  118  counseled by the public defender or his or her staff because of
  119  a conflict of interest, and the court grants the public
  120  defender’s motion to withdraw, the office of criminal conflict
  121  and civil regional counsel shall be appointed and shall provide
  122  legal services, without additional compensation, to any person
  123  determined to be indigent under s. 27.52, who is:
  124         (e) Convicted and sentenced to death, for purposes of
  125  handling an appeal to the Supreme Court;
  126         (e)(f) Appealing a matter in a case arising under
  127  paragraphs (a)-(d); or
  128         (f)(g) Seeking correction, reduction, or modification of a
  129  sentence under Rule 3.800, Florida Rules of Criminal Procedure,
  130  or seeking postconviction relief under Rule 3.850, Florida Rules
  131  of Criminal Procedure, if, in either case, the court determines
  132  that appointment of counsel is necessary to protect a person’s
  133  due process rights.
  134         (8) The public defender for the judicial circuit specified
  135  in s. 27.51(4) shall, after the record on appeal is transmitted
  136  to the appellate court by the office of criminal conflict and
  137  civil regional counsel which handled the trial and if requested
  138  by the regional counsel for the indicated appellate district,
  139  handle all circuit court appeals authorized pursuant to
  140  paragraph (5)(e)(f) within the state courts system and any
  141  authorized appeals to the federal courts required of the
  142  official making the request. If the public defender certifies to
  143  the court that the public defender has a conflict consistent
  144  with the criteria prescribed in s. 27.5303 and moves to
  145  withdraw, the regional counsel shall handle the appeal, unless
  146  the regional counsel has a conflict, in which case the court
  147  shall appoint private counsel pursuant to s. 27.40.
  148         Section 4. Sections 27.7001, 27.7002, 27.701, 27.702,
  149  27.703, 27.704, 27.7045, 27.705, 27.706, 27.707, 27.708,
  150  27.7081, 27.7091, 27.710, 27.711, and 27.715, Florida Statutes,
  151  are repealed.
  152         Section 5. Paragraph (d) of subsection (1) of section
  153  119.071, Florida Statutes, is amended to read:
  154         119.071 General exemptions from inspection or copying of
  155  public records.—
  156         (1) AGENCY ADMINISTRATION.—
  157         (d)1. A public record that was prepared by an agency
  158  attorney (including an attorney employed or retained by the
  159  agency or employed or retained by another public officer or
  160  agency to protect or represent the interests of the agency
  161  having custody of the record) or prepared at the attorney’s
  162  express direction, that reflects a mental impression,
  163  conclusion, litigation strategy, or legal theory of the attorney
  164  or the agency, and that was prepared exclusively for civil or
  165  criminal litigation or for adversarial administrative
  166  proceedings, or that was prepared in anticipation of imminent
  167  civil or criminal litigation or imminent adversarial
  168  administrative proceedings, is exempt from s. 119.07(1) and s.
  169  24(a), Art. I of the State Constitution until the conclusion of
  170  the litigation or adversarial administrative proceedings. For
  171  purposes of capital collateral litigation as set forth in s.
  172  27.7001, the Attorney General’s office is entitled to claim this
  173  exemption for those public records prepared for direct appeal as
  174  well as for all capital collateral litigation after direct
  175  appeal until execution of sentence or imposition of a life
  176  sentence.
  177         2. This exemption is not waived by the release of such
  178  public record to another public employee or officer of the same
  179  agency or any person consulted by the agency attorney. When
  180  asserting the right to withhold a public record pursuant to this
  181  paragraph, the agency shall identify the potential parties to
  182  any such criminal or civil litigation or adversarial
  183  administrative proceedings. If a court finds that the document
  184  or other record has been improperly withheld under this
  185  paragraph, the party seeking access to such document or record
  186  shall be awarded reasonable attorney’s fees and costs in
  187  addition to any other remedy ordered by the court.
  188         Section 6. Paragraph (k) of subsection (4) of section
  189  282.201, Florida Statutes, is amended to read:
  190         282.201 State data center system; agency duties and
  191  limitations.—A state data center system that includes all
  192  primary data centers, other nonprimary data centers, and
  193  computing facilities, and that provides an enterprise
  194  information technology service as defined in s. 282.0041, is
  195  established.
  196         (4) SCHEDULE FOR CONSOLIDATIONS OF AGENCY DATA CENTERS.—
  197         (k) The Department of Law Enforcement, the Department of
  198  the Lottery’s Gaming System, Systems Design and Development in
  199  the Office of Policy and Budget, and the State Board of
  200  Administration, state attorneys, public defenders, criminal
  201  conflict and civil regional counsel, capital collateral regional
  202  counsel, the Florida Clerks of Court Operations Corporation, and
  203  the Florida Housing Finance Corporation are exempt from data
  204  center consolidation under this section.
  205         Section 7. Subsection (1) of section 775.15, Florida
  206  Statutes, is amended to read:
  207         775.15 Time limitations; general time limitations;
  208  exceptions.—
  209         (1) A prosecution for a capital felony, a life felony, or a
  210  felony that resulted in a death may be commenced at any time. If
  211  the death penalty is held to be unconstitutional by the Florida
  212  Supreme Court or the United States Supreme Court, all crimes
  213  designated as capital felonies shall be considered life felonies
  214  for the purposes of this section, and prosecution for such
  215  crimes may be commenced at any time.
  216         Section 8. Subsection (4) of section 790.161, Florida
  217  Statutes, is amended to read:
  218         790.161 Making, possessing, throwing, projecting, placing,
  219  or discharging any destructive device or attempt so to do,
  220  felony; penalties.—A person who willfully and unlawfully makes,
  221  possesses, throws, projects, places, discharges, or attempts to
  222  make, possess, throw, project, place, or discharge any
  223  destructive device:
  224         (4) If the act results in the death of another person,
  225  commits a capital felony, punishable as provided in s. 775.082.
  226  In the event the death penalty in a capital felony is held to be
  227  unconstitutional by the Florida Supreme Court or the United
  228  States Supreme Court, the court having jurisdiction over a
  229  person previously sentenced to death for a capital felony shall
  230  cause such person to be brought before the court, and the court
  231  shall sentence such person to life imprisonment if convicted of
  232  murder in the first degree or of a capital felony under this
  233  subsection, and such person shall be ineligible for parole. No
  234  sentence of death shall be reduced as a result of a
  235  determination that a method of execution is held to be
  236  unconstitutional under the State Constitution or the
  237  Constitution of the United States.
  238         Section 9. Section 913.13, Florida Statutes, is repealed.
  239         Section 10. Section 921.137, Florida Statutes, is repealed.
  240         Section 11. Sections 921.141 and 921.142, Florida Statutes,
  241  are repealed.
  242         Section 12. Subsection (1) of section 782.04, Florida
  243  Statutes, is amended to read:
  244         782.04 Murder.—
  245         (1)(a) The unlawful killing of a human being:
  246         (a)1. When perpetrated from a premeditated design to effect
  247  the death of the person killed or any human being;
  248         (b)2. When committed by a person engaged in the
  249  perpetration of, or in the attempt to perpetrate, any:
  250         1.a. Trafficking offense prohibited by s. 893.135(1),
  251         2.b. Arson,
  252         3.c. Sexual battery,
  253         4.d. Robbery,
  254         5.e. Burglary,
  255         6.f. Kidnapping,
  256         7.g. Escape,
  257         8.h. Aggravated child abuse,
  258         9.i. Aggravated abuse of an elderly person or disabled
  259  adult,
  260         10.j. Aircraft piracy,
  261         11.k. Unlawful throwing, placing, or discharging of a
  262  destructive device or bomb,
  263         12.l. Carjacking,
  264         13.m. Home-invasion robbery,
  265         14.n. Aggravated stalking,
  266         15.o. Murder of another human being,
  267         16.p. Resisting an officer with violence to his or her
  268  person,
  269         17.q. Aggravated fleeing or eluding with serious bodily
  270  injury or death,
  271         18.r. Felony that is an act of terrorism or is in
  272  furtherance of an act of terrorism; or
  273         (c)3. Which resulted from the unlawful distribution of any
  274  substance controlled under s. 893.03(1), cocaine as described in
  275  s. 893.03(2)(a)4., opium or any synthetic or natural salt,
  276  compound, derivative, or preparation of opium, or methadone by a
  277  person 18 years of age or older, when such drug is proven to be
  278  the proximate cause of the death of the user,
  279  
  280  is murder in the first degree and constitutes a capital felony,
  281  punishable as provided in s. 775.082.
  282         (b) In all cases under this section, the procedure set
  283  forth in s. 921.141 shall be followed in order to determine
  284  sentence of death or life imprisonment.
  285         Section 13. Paragraph (a) of subsection (9) of section
  286  394.912, Florida Statutes, is amended to read:
  287         394.912 Definitions.—As used in this part, the term:
  288         (9) “Sexually violent offense” means:
  289         (a) Murder of a human being while engaged in sexual battery
  290  in violation of s. 782.04(1)(b) 782.04(1)(a)2.;
  291         Section 14. Subsection (1) of section 782.065, Florida
  292  Statutes, is amended to read:
  293         782.065 Murder; law enforcement officer, correctional
  294  officer, correctional probation officer.—Notwithstanding ss.
  295  775.082, 775.0823, 782.04, 782.051, and chapter 921, a defendant
  296  shall be sentenced to life imprisonment without eligibility for
  297  release upon findings by the trier of fact that, beyond a
  298  reasonable doubt:
  299         (1) The defendant committed murder in the first degree in
  300  violation of s. 782.04(1) and a death sentence was not imposed;
  301  murder in the second or third degree in violation of s.
  302  782.04(2), (3), or (4); attempted murder in the first or second
  303  degree in violation of s. 782.04(1)(a) 782.04(1)(a)1. or (2); or
  304  attempted felony murder in violation of s. 782.051; and
  305         Section 15. Paragraph (a) of subsection (2) of section
  306  794.011, Florida Statutes, is amended to read:
  307         794.011 Sexual battery.—
  308         (2)(a) A person 18 years of age or older who commits sexual
  309  battery upon, or in an attempt to commit sexual battery injures
  310  the sexual organs of, a person less than 12 years of age commits
  311  a capital felony, punishable as provided in s. ss. 775.082 and
  312  921.141.
  313         Section 16. Paragraphs (b) through (l) of subsection (1) of
  314  section 893.135, Florida Statutes, are amended to read:
  315         893.135 Trafficking; mandatory sentences; suspension or
  316  reduction of sentences; conspiracy to engage in trafficking.—
  317         (1) Except as authorized in this chapter or in chapter 499
  318  and notwithstanding the provisions of s. 893.13:
  319         (b)1. Any person who knowingly sells, purchases,
  320  manufactures, delivers, or brings into this state, or who is
  321  knowingly in actual or constructive possession of, 28 grams or
  322  more of cocaine, as described in s. 893.03(2)(a)4., or of any
  323  mixture containing cocaine, but less than 150 kilograms of
  324  cocaine or any such mixture, commits a felony of the first
  325  degree, which felony shall be known as “trafficking in cocaine,”
  326  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  327  If the quantity involved:
  328         a. Is 28 grams or more, but less than 200 grams, such
  329  person shall be sentenced to a mandatory minimum term of
  330  imprisonment of 3 years, and the defendant shall be ordered to
  331  pay a fine of $50,000.
  332         b. Is 200 grams or more, but less than 400 grams, such
  333  person shall be sentenced to a mandatory minimum term of
  334  imprisonment of 7 years, and the defendant shall be ordered to
  335  pay a fine of $100,000.
  336         c. Is 400 grams or more, but less than 150 kilograms, such
  337  person shall be sentenced to a mandatory minimum term of
  338  imprisonment of 15 calendar years and pay a fine of $250,000.
  339         2. Any person who knowingly sells, purchases, manufactures,
  340  delivers, or brings into this state, or who is knowingly in
  341  actual or constructive possession of, 150 kilograms or more of
  342  cocaine, as described in s. 893.03(2)(a)4., commits the first
  343  degree felony of trafficking in cocaine. A person who has been
  344  convicted of the first degree felony of trafficking in cocaine
  345  under this subparagraph shall be punished by life imprisonment
  346  and is ineligible for any form of discretionary early release
  347  except pardon or executive clemency or conditional medical
  348  release under s. 947.149. However, if the court determines that,
  349  in addition to committing any act specified in this paragraph:
  350         a. The person intentionally killed an individual or
  351  counseled, commanded, induced, procured, or caused the
  352  intentional killing of an individual and such killing was the
  353  result; or
  354         b. The person’s conduct in committing that act led to a
  355  natural, though not inevitable, lethal result,
  356  
  357  such person commits the capital felony of trafficking in
  358  cocaine, punishable as provided in s. ss. 775.082 and 921.142.
  359  Any person sentenced for a capital felony under this paragraph
  360  shall also be sentenced to pay the maximum fine provided under
  361  subparagraph 1.
  362         3. Any person who knowingly brings into this state 300
  363  kilograms or more of cocaine, as described in s. 893.03(2)(a)4.,
  364  and who knows that the probable result of such importation would
  365  be the death of any person, commits capital importation of
  366  cocaine, a capital felony punishable as provided in s. ss.
  367  775.082 and 921.142. Any person sentenced for a capital felony
  368  under this paragraph shall also be sentenced to pay the maximum
  369  fine provided under subparagraph 1.
  370         (c)1. Any person who knowingly sells, purchases,
  371  manufactures, delivers, or brings into this state, or who is
  372  knowingly in actual or constructive possession of, 4 grams or
  373  more of any morphine, opium, oxycodone, hydrocodone,
  374  hydromorphone, or any salt, derivative, isomer, or salt of an
  375  isomer thereof, including heroin, as described in s.
  376  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 4 grams or more
  377  of any mixture containing any such substance, but less than 30
  378  kilograms of such substance or mixture, commits a felony of the
  379  first degree, which felony shall be known as “trafficking in
  380  illegal drugs,” punishable as provided in s. 775.082, s.
  381  775.083, or s. 775.084. If the quantity involved:
  382         a. Is 4 grams or more, but less than 14 grams, such person
  383  shall be sentenced to a mandatory minimum term of imprisonment
  384  of 3 years, and the defendant shall be ordered to pay a fine of
  385  $50,000.
  386         b. Is 14 grams or more, but less than 28 grams, such person
  387  shall be sentenced to a mandatory minimum term of imprisonment
  388  of 15 years, and the defendant shall be ordered to pay a fine of
  389  $100,000.
  390         c. Is 28 grams or more, but less than 30 kilograms, such
  391  person shall be sentenced to a mandatory minimum term of
  392  imprisonment of 25 calendar years and pay a fine of $500,000.
  393         2. Any person who knowingly sells, purchases, manufactures,
  394  delivers, or brings into this state, or who is knowingly in
  395  actual or constructive possession of, 30 kilograms or more of
  396  any morphine, opium, oxycodone, hydrocodone, hydromorphone, or
  397  any salt, derivative, isomer, or salt of an isomer thereof,
  398  including heroin, as described in s. 893.03(1)(b), (2)(a),
  399  (3)(c)3., or (3)(c)4., or 30 kilograms or more of any mixture
  400  containing any such substance, commits the first degree felony
  401  of trafficking in illegal drugs. A person who has been convicted
  402  of the first degree felony of trafficking in illegal drugs under
  403  this subparagraph shall be punished by life imprisonment and is
  404  ineligible for any form of discretionary early release except
  405  pardon or executive clemency or conditional medical release
  406  under s. 947.149. However, if the court determines that, in
  407  addition to committing any act specified in this paragraph:
  408         a. The person intentionally killed an individual or
  409  counseled, commanded, induced, procured, or caused the
  410  intentional killing of an individual and such killing was the
  411  result; or
  412         b. The person’s conduct in committing that act led to a
  413  natural, though not inevitable, lethal result,
  414  
  415  such person commits the capital felony of trafficking in illegal
  416  drugs, punishable as provided in s. ss. 775.082 and 921.142. Any
  417  person sentenced for a capital felony under this paragraph shall
  418  also be sentenced to pay the maximum fine provided under
  419  subparagraph 1.
  420         3. Any person who knowingly brings into this state 60
  421  kilograms or more of any morphine, opium, oxycodone,
  422  hydrocodone, hydromorphone, or any salt, derivative, isomer, or
  423  salt of an isomer thereof, including heroin, as described in s.
  424  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 60 kilograms or
  425  more of any mixture containing any such substance, and who knows
  426  that the probable result of such importation would be the death
  427  of any person, commits capital importation of illegal drugs, a
  428  capital felony punishable as provided in s. ss. 775.082 and
  429  921.142. Any person sentenced for a capital felony under this
  430  paragraph shall also be sentenced to pay the maximum fine
  431  provided under subparagraph 1.
  432         (d)1. Any person who knowingly sells, purchases,
  433  manufactures, delivers, or brings into this state, or who is
  434  knowingly in actual or constructive possession of, 28 grams or
  435  more of phencyclidine or of any mixture containing
  436  phencyclidine, as described in s. 893.03(2)(b), commits a felony
  437  of the first degree, which felony shall be known as “trafficking
  438  in phencyclidine,” punishable as provided in s. 775.082, s.
  439  775.083, or s. 775.084. If the quantity involved:
  440         a. Is 28 grams or more, but less than 200 grams, such
  441  person shall be sentenced to a mandatory minimum term of
  442  imprisonment of 3 years, and the defendant shall be ordered to
  443  pay a fine of $50,000.
  444         b. Is 200 grams or more, but less than 400 grams, such
  445  person shall be sentenced to a mandatory minimum term of
  446  imprisonment of 7 years, and the defendant shall be ordered to
  447  pay a fine of $100,000.
  448         c. Is 400 grams or more, such person shall be sentenced to
  449  a mandatory minimum term of imprisonment of 15 calendar years
  450  and pay a fine of $250,000.
  451         2. Any person who knowingly brings into this state 800
  452  grams or more of phencyclidine or of any mixture containing
  453  phencyclidine, as described in s. 893.03(2)(b), and who knows
  454  that the probable result of such importation would be the death
  455  of any person commits capital importation of phencyclidine, a
  456  capital felony punishable as provided in s. ss. 775.082 and
  457  921.142. Any person sentenced for a capital felony under this
  458  paragraph shall also be sentenced to pay the maximum fine
  459  provided under subparagraph 1.
  460         (e)1. Any person who knowingly sells, purchases,
  461  manufactures, delivers, or brings into this state, or who is
  462  knowingly in actual or constructive possession of, 200 grams or
  463  more of methaqualone or of any mixture containing methaqualone,
  464  as described in s. 893.03(1)(d), commits a felony of the first
  465  degree, which felony shall be known as “trafficking in
  466  methaqualone,” punishable as provided in s. 775.082, s. 775.083,
  467  or s. 775.084. If the quantity involved:
  468         a. Is 200 grams or more, but less than 5 kilograms, such
  469  person shall be sentenced to a mandatory minimum term of
  470  imprisonment of 3 years, and the defendant shall be ordered to
  471  pay a fine of $50,000.
  472         b. Is 5 kilograms or more, but less than 25 kilograms, such
  473  person shall be sentenced to a mandatory minimum term of
  474  imprisonment of 7 years, and the defendant shall be ordered to
  475  pay a fine of $100,000.
  476         c. Is 25 kilograms or more, such person shall be sentenced
  477  to a mandatory minimum term of imprisonment of 15 calendar years
  478  and pay a fine of $250,000.
  479         2. Any person who knowingly brings into this state 50
  480  kilograms or more of methaqualone or of any mixture containing
  481  methaqualone, as described in s. 893.03(1)(d), and who knows
  482  that the probable result of such importation would be the death
  483  of any person commits capital importation of methaqualone, a
  484  capital felony punishable as provided in s. ss. 775.082 and
  485  921.142. Any person sentenced for a capital felony under this
  486  paragraph shall also be sentenced to pay the maximum fine
  487  provided under subparagraph 1.
  488         (f)1. Any person who knowingly sells, purchases,
  489  manufactures, delivers, or brings into this state, or who is
  490  knowingly in actual or constructive possession of, 14 grams or
  491  more of amphetamine, as described in s. 893.03(2)(c)2., or
  492  methamphetamine, as described in s. 893.03(2)(c)4., or of any
  493  mixture containing amphetamine or methamphetamine, or
  494  phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine
  495  in conjunction with other chemicals and equipment utilized in
  496  the manufacture of amphetamine or methamphetamine, commits a
  497  felony of the first degree, which felony shall be known as
  498  “trafficking in amphetamine,” punishable as provided in s.
  499  775.082, s. 775.083, or s. 775.084. If the quantity involved:
  500         a. Is 14 grams or more, but less than 28 grams, such person
  501  shall be sentenced to a mandatory minimum term of imprisonment
  502  of 3 years, and the defendant shall be ordered to pay a fine of
  503  $50,000.
  504         b. Is 28 grams or more, but less than 200 grams, such
  505  person shall be sentenced to a mandatory minimum term of
  506  imprisonment of 7 years, and the defendant shall be ordered to
  507  pay a fine of $100,000.
  508         c. Is 200 grams or more, such person shall be sentenced to
  509  a mandatory minimum term of imprisonment of 15 calendar years
  510  and pay a fine of $250,000.
  511         2. Any person who knowingly manufactures or brings into
  512  this state 400 grams or more of amphetamine, as described in s.
  513  893.03(2)(c)2., or methamphetamine, as described in s.
  514  893.03(2)(c)4., or of any mixture containing amphetamine or
  515  methamphetamine, or phenylacetone, phenylacetic acid,
  516  pseudoephedrine, or ephedrine in conjunction with other
  517  chemicals and equipment used in the manufacture of amphetamine
  518  or methamphetamine, and who knows that the probable result of
  519  such manufacture or importation would be the death of any person
  520  commits capital manufacture or importation of amphetamine, a
  521  capital felony punishable as provided in s. ss. 775.082 and
  522  921.142. Any person sentenced for a capital felony under this
  523  paragraph shall also be sentenced to pay the maximum fine
  524  provided under subparagraph 1.
  525         (g)1. Any person who knowingly sells, purchases,
  526  manufactures, delivers, or brings into this state, or who is
  527  knowingly in actual or constructive possession of, 4 grams or
  528  more of flunitrazepam or any mixture containing flunitrazepam as
  529  described in s. 893.03(1)(a) commits a felony of the first
  530  degree, which felony shall be known as “trafficking in
  531  flunitrazepam,” punishable as provided in s. 775.082, s.
  532  775.083, or s. 775.084. If the quantity involved:
  533         a. Is 4 grams or more but less than 14 grams, such person
  534  shall be sentenced to a mandatory minimum term of imprisonment
  535  of 3 years, and the defendant shall be ordered to pay a fine of
  536  $50,000.
  537         b. Is 14 grams or more but less than 28 grams, such person
  538  shall be sentenced to a mandatory minimum term of imprisonment
  539  of 7 years, and the defendant shall be ordered to pay a fine of
  540  $100,000.
  541         c. Is 28 grams or more but less than 30 kilograms, such
  542  person shall be sentenced to a mandatory minimum term of
  543  imprisonment of 25 calendar years and pay a fine of $500,000.
  544         2. Any person who knowingly sells, purchases, manufactures,
  545  delivers, or brings into this state or who is knowingly in
  546  actual or constructive possession of 30 kilograms or more of
  547  flunitrazepam or any mixture containing flunitrazepam as
  548  described in s. 893.03(1)(a) commits the first degree felony of
  549  trafficking in flunitrazepam. A person who has been convicted of
  550  the first degree felony of trafficking in flunitrazepam under
  551  this subparagraph shall be punished by life imprisonment and is
  552  ineligible for any form of discretionary early release except
  553  pardon or executive clemency or conditional medical release
  554  under s. 947.149. However, if the court determines that, in
  555  addition to committing any act specified in this paragraph:
  556         a. The person intentionally killed an individual or
  557  counseled, commanded, induced, procured, or caused the
  558  intentional killing of an individual and such killing was the
  559  result; or
  560         b. The person’s conduct in committing that act led to a
  561  natural, though not inevitable, lethal result,
  562  
  563  such person commits the capital felony of trafficking in
  564  flunitrazepam, punishable as provided in s. ss. 775.082 and
  565  921.142. Any person sentenced for a capital felony under this
  566  paragraph shall also be sentenced to pay the maximum fine
  567  provided under subparagraph 1.
  568         (h)1. Any person who knowingly sells, purchases,
  569  manufactures, delivers, or brings into this state, or who is
  570  knowingly in actual or constructive possession of, 1 kilogram or
  571  more of gamma-hydroxybutyric acid (GHB), as described in s.
  572  893.03(1)(d), or any mixture containing gamma-hydroxybutyric
  573  acid (GHB), commits a felony of the first degree, which felony
  574  shall be known as “trafficking in gamma-hydroxybutyric acid
  575  (GHB),” punishable as provided in s. 775.082, s. 775.083, or s.
  576  775.084. If the quantity involved:
  577         a. Is 1 kilogram or more but less than 5 kilograms, such
  578  person shall be sentenced to a mandatory minimum term of
  579  imprisonment of 3 years, and the defendant shall be ordered to
  580  pay a fine of $50,000.
  581         b. Is 5 kilograms or more but less than 10 kilograms, such
  582  person shall be sentenced to a mandatory minimum term of
  583  imprisonment of 7 years, and the defendant shall be ordered to
  584  pay a fine of $100,000.
  585         c. Is 10 kilograms or more, such person shall be sentenced
  586  to a mandatory minimum term of imprisonment of 15 calendar years
  587  and pay a fine of $250,000.
  588         2. Any person who knowingly manufactures or brings into
  589  this state 150 kilograms or more of gamma-hydroxybutyric acid
  590  (GHB), as described in s. 893.03(1)(d), or any mixture
  591  containing gamma-hydroxybutyric acid (GHB), and who knows that
  592  the probable result of such manufacture or importation would be
  593  the death of any person commits capital manufacture or
  594  importation of gamma-hydroxybutyric acid (GHB), a capital felony
  595  punishable as provided in s. ss. 775.082 and 921.142. Any person
  596  sentenced for a capital felony under this paragraph shall also
  597  be sentenced to pay the maximum fine provided under subparagraph
  598  1.
  599         (i)1. Any person who knowingly sells, purchases,
  600  manufactures, delivers, or brings into this state, or who is
  601  knowingly in actual or constructive possession of, 1 kilogram or
  602  more of gamma-butyrolactone (GBL), as described in s.
  603  893.03(1)(d), or any mixture containing gamma-butyrolactone
  604  (GBL), commits a felony of the first degree, which felony shall
  605  be known as “trafficking in gamma-butyrolactone (GBL),”
  606  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  607  If the quantity involved:
  608         a. Is 1 kilogram or more but less than 5 kilograms, such
  609  person shall be sentenced to a mandatory minimum term of
  610  imprisonment of 3 years, and the defendant shall be ordered to
  611  pay a fine of $50,000.
  612         b. Is 5 kilograms or more but less than 10 kilograms, such
  613  person shall be sentenced to a mandatory minimum term of
  614  imprisonment of 7 years, and the defendant shall be ordered to
  615  pay a fine of $100,000.
  616         c. Is 10 kilograms or more, such person shall be sentenced
  617  to a mandatory minimum term of imprisonment of 15 calendar years
  618  and pay a fine of $250,000.
  619         2. Any person who knowingly manufactures or brings into the
  620  state 150 kilograms or more of gamma-butyrolactone (GBL), as
  621  described in s. 893.03(1)(d), or any mixture containing gamma
  622  butyrolactone (GBL), and who knows that the probable result of
  623  such manufacture or importation would be the death of any person
  624  commits capital manufacture or importation of gamma
  625  butyrolactone (GBL), a capital felony punishable as provided in
  626  s. ss. 775.082 and 921.142. Any person sentenced for a capital
  627  felony under this paragraph shall also be sentenced to pay the
  628  maximum fine provided under subparagraph 1.
  629         (j)1. Any person who knowingly sells, purchases,
  630  manufactures, delivers, or brings into this state, or who is
  631  knowingly in actual or constructive possession of, 1 kilogram or
  632  more of 1,4-Butanediol as described in s. 893.03(1)(d), or of
  633  any mixture containing 1,4-Butanediol, commits a felony of the
  634  first degree, which felony shall be known as “trafficking in
  635  1,4-Butanediol,” punishable as provided in s. 775.082, s.
  636  775.083, or s. 775.084. If the quantity involved:
  637         a. Is 1 kilogram or more, but less than 5 kilograms, such
  638  person shall be sentenced to a mandatory minimum term of
  639  imprisonment of 3 years, and the defendant shall be ordered to
  640  pay a fine of $50,000.
  641         b. Is 5 kilograms or more, but less than 10 kilograms, such
  642  person shall be sentenced to a mandatory minimum term of
  643  imprisonment of 7 years, and the defendant shall be ordered to
  644  pay a fine of $100,000.
  645         c. Is 10 kilograms or more, such person shall be sentenced
  646  to a mandatory minimum term of imprisonment of 15 calendar years
  647  and pay a fine of $500,000.
  648         2. Any person who knowingly manufactures or brings into
  649  this state 150 kilograms or more of 1,4-Butanediol as described
  650  in s. 893.03(1)(d), or any mixture containing 1,4-Butanediol,
  651  and who knows that the probable result of such manufacture or
  652  importation would be the death of any person commits capital
  653  manufacture or importation of 1,4-Butanediol, a capital felony
  654  punishable as provided in s. ss. 775.082 and 921.142. Any person
  655  sentenced for a capital felony under this paragraph shall also
  656  be sentenced to pay the maximum fine provided under subparagraph
  657  1.
  658         (k)1. Any person who knowingly sells, purchases,
  659  manufactures, delivers, or brings into this state, or who is
  660  knowingly in actual or constructive possession of, 10 grams or
  661  more of any of the following substances described in s.
  662  893.03(1)(c):
  663         a. 3,4-Methylenedioxymethamphetamine (MDMA);
  664         b. 4-Bromo-2,5-dimethoxyamphetamine;
  665         c. 4-Bromo-2,5-dimethoxyphenethylamine;
  666         d. 2,5-Dimethoxyamphetamine;
  667         e. 2,5-Dimethoxy-4-ethylamphetamine (DOET);
  668         f. N-ethylamphetamine;
  669         g. N-Hydroxy-3,4-methylenedioxyamphetamine;
  670         h. 5-Methoxy-3,4-methylenedioxyamphetamine;
  671         i. 4-methoxyamphetamine;
  672         j. 4-methoxymethamphetamine;
  673         k. 4-Methyl-2,5-dimethoxyamphetamine;
  674         l. 3,4-Methylenedioxy-N-ethylamphetamine;
  675         m. 3,4-Methylenedioxyamphetamine;
  676         n. N,N-dimethylamphetamine; or
  677         o. 3,4,5-Trimethoxyamphetamine,
  678  
  679  individually or in any combination of or any mixture containing
  680  any substance listed in sub-subparagraphs a.-o., commits a
  681  felony of the first degree, which felony shall be known as
  682  “trafficking in Phenethylamines,” punishable as provided in s.
  683  775.082, s. 775.083, or s. 775.084.
  684         2. If the quantity involved:
  685         a. Is 10 grams or more but less than 200 grams, such person
  686  shall be sentenced to a mandatory minimum term of imprisonment
  687  of 3 years, and the defendant shall be ordered to pay a fine of
  688  $50,000.
  689         b. Is 200 grams or more, but less than 400 grams, such
  690  person shall be sentenced to a mandatory minimum term of
  691  imprisonment of 7 years, and the defendant shall be ordered to
  692  pay a fine of $100,000.
  693         c. Is 400 grams or more, such person shall be sentenced to
  694  a mandatory minimum term of imprisonment of 15 calendar years
  695  and pay a fine of $250,000.
  696         3. Any person who knowingly manufactures or brings into
  697  this state 30 kilograms or more of any of the following
  698  substances described in s. 893.03(1)(c):
  699         a. 3,4-Methylenedioxymethamphetamine (MDMA);
  700         b. 4-Bromo-2,5-dimethoxyamphetamine;
  701         c. 4-Bromo-2,5-dimethoxyphenethylamine;
  702         d. 2,5-Dimethoxyamphetamine;
  703         e. 2,5-Dimethoxy-4-ethylamphetamine (DOET);
  704         f. N-ethylamphetamine;
  705         g. N-Hydroxy-3,4-methylenedioxyamphetamine;
  706         h. 5-Methoxy-3,4-methylenedioxyamphetamine;
  707         i. 4-methoxyamphetamine;
  708         j. 4-methoxymethamphetamine;
  709         k. 4-Methyl-2,5-dimethoxyamphetamine;
  710         l. 3,4-Methylenedioxy-N-ethylamphetamine;
  711         m. 3,4-Methylenedioxyamphetamine;
  712         n. N,N-dimethylamphetamine; or
  713         o. 3,4,5-Trimethoxyamphetamine,
  714  
  715  individually or in any combination of or any mixture containing
  716  any substance listed in sub-subparagraphs a.-o., and who knows
  717  that the probable result of such manufacture or importation
  718  would be the death of any person commits capital manufacture or
  719  importation of Phenethylamines, a capital felony punishable as
  720  provided in s. ss. 775.082 and 921.142. Any person sentenced for
  721  a capital felony under this paragraph shall also be sentenced to
  722  pay the maximum fine provided under subparagraph 1.
  723         (l)1. Any person who knowingly sells, purchases,
  724  manufactures, delivers, or brings into this state, or who is
  725  knowingly in actual or constructive possession of, 1 gram or
  726  more of lysergic acid diethylamide (LSD) as described in s.
  727  893.03(1)(c), or of any mixture containing lysergic acid
  728  diethylamide (LSD), commits a felony of the first degree, which
  729  felony shall be known as “trafficking in lysergic acid
  730  diethylamide (LSD),” punishable as provided in s. 775.082, s.
  731  775.083, or s. 775.084. If the quantity involved:
  732         a. Is 1 gram or more, but less than 5 grams, such person
  733  shall be sentenced to a mandatory minimum term of imprisonment
  734  of 3 years, and the defendant shall be ordered to pay a fine of
  735  $50,000.
  736         b. Is 5 grams or more, but less than 7 grams, such person
  737  shall be sentenced to a mandatory minimum term of imprisonment
  738  of 7 years, and the defendant shall be ordered to pay a fine of
  739  $100,000.
  740         c. Is 7 grams or more, such person shall be sentenced to a
  741  mandatory minimum term of imprisonment of 15 calendar years and
  742  pay a fine of $500,000.
  743         2. Any person who knowingly manufactures or brings into
  744  this state 7 grams or more of lysergic acid diethylamide (LSD)
  745  as described in s. 893.03(1)(c), or any mixture containing
  746  lysergic acid diethylamide (LSD), and who knows that the
  747  probable result of such manufacture or importation would be the
  748  death of any person commits capital manufacture or importation
  749  of lysergic acid diethylamide (LSD), a capital felony punishable
  750  as provided in s. ss. 775.082 and 921.142. Any person sentenced
  751  for a capital felony under this paragraph shall also be
  752  sentenced to pay the maximum fine provided under subparagraph 1.
  753         Section 17. Sections 922.052, 922.06, 922.07, 922.08,
  754  922.095, 922.10, 922.105, 922.108, 922.11, 922.111, 922.12,
  755  922.14, 922.15, 924.055, 924.056, and 924.057, Florida Statutes,
  756  are repealed.
  757         Section 18. Subsection (4) of section 925.11, Florida
  758  Statutes, is amended to read:
  759         925.11 Postsentencing DNA testing.—
  760         (4) PRESERVATION OF EVIDENCE.—
  761         (a) Governmental entities that may be in possession of any
  762  physical evidence in the case, including, but not limited to,
  763  any investigating law enforcement agency, the clerk of the
  764  court, the prosecuting authority, or the Department of Law
  765  Enforcement shall maintain any physical evidence collected at
  766  the time of the crime for which a postsentencing testing of DNA
  767  may be requested.
  768         (b) In a case in which the death penalty is imposed, the
  769  evidence shall be maintained for 60 days after execution of the
  770  sentence. In all other cases, a governmental entity may dispose
  771  of the physical evidence if the term of the sentence imposed in
  772  the case has expired and no other provision of law or rule
  773  requires that the physical evidence be preserved or retained.
  774         Section 19. Paragraphs (g) and (h) of subsection (1) and
  775  subsection (2) of section 945.10, Florida Statutes, are amended
  776  to read:
  777         945.10 Confidential information.—
  778         (1) Except as otherwise provided by law or in this section,
  779  the following records and information held by the Department of
  780  Corrections are confidential and exempt from the provisions of
  781  s. 119.07(1) and s. 24(a), Art. I of the State Constitution:
  782         (g) Information which identifies an executioner, or any
  783  person prescribing, preparing, compounding, dispensing, or
  784  administering a lethal injection.
  785         (g) (h) Records that are otherwise confidential or exempt
  786  from public disclosure by law.
  787         (2) The records and information specified in subsection
  788  paragraphs (1)(a)-(h) may be released as follows unless
  789  expressly prohibited by federal law:
  790         (a) Information specified in paragraphs (1)(b), (d), and
  791  (f) to the Office of the Governor, the Legislature, the Parole
  792  Commission, the Department of Children and Family Services, a
  793  private correctional facility or program that operates under a
  794  contract, the Department of Legal Affairs, a state attorney, the
  795  court, or a law enforcement agency. A request for records or
  796  information pursuant to this paragraph need not be in writing.
  797         (b) Information specified in paragraphs (1)(c), (e), and
  798  (g)(h) to the Office of the Governor, the Legislature, the
  799  Parole Commission, the Department of Children and Family
  800  Services, a private correctional facility or program that
  801  operates under contract, the Department of Legal Affairs, a
  802  state attorney, the court, or a law enforcement agency. A
  803  request for records or information pursuant to this paragraph
  804  must be in writing and a statement provided demonstrating a need
  805  for the records or information.
  806         (c) Information specified in paragraph (1)(b) to an
  807  attorney representing an inmate under sentence of death, except
  808  those portions of the records containing a victim’s statement or
  809  address, or the statement or address of a relative of the
  810  victim. A request for records of information pursuant to this
  811  paragraph must be in writing and a statement provided
  812  demonstrating a need for the records or information.
  813         (d) Information specified in paragraph (1)(b) to a public
  814  defender representing a defendant, except those portions of the
  815  records containing a victim’s statement or address, or the
  816  statement or address of a relative of the victim. A request for
  817  records or information pursuant to this paragraph need not be in
  818  writing.
  819         (e) Information specified in paragraph (1)(b) to state or
  820  local governmental agencies. A request for records or
  821  information pursuant to this paragraph must be in writing and a
  822  statement provided demonstrating a need for the records or
  823  information.
  824         (f) Information specified in paragraph (1)(b) to a person
  825  conducting legitimate research. A request for records and
  826  information pursuant to this paragraph must be in writing, the
  827  person requesting the records or information must sign a
  828  confidentiality agreement, and the department must approve the
  829  request in writing.
  830         (g) Information specified in paragraph (1)(a) to the
  831  Department of Health and the county health department where an
  832  inmate plans to reside if he or she has tested positive for the
  833  presence of the antibody or antigen to human immunodeficiency
  834  virus infection.
  835  
  836  Records and information released under this subsection remain
  837  confidential and exempt from the provisions of s. 119.07(1) and
  838  s. 24(a), Art. I of the State Constitution when held by the
  839  receiving person or entity.
  840         Section 20. This act shall take effect July 1, 2014.