Florida Senate - 2015                                    SB 1176
       
       
        
       By Senator Bullard
       
       
       
       
       
       39-00132-15                                           20151176__
    1                        A bill to be entitled                      
    2         An act relating to recreational marijuana; amending s.
    3         20.165, F.S.; renaming the Division of Alcoholic
    4         Beverages and Tobacco of the Department of Business
    5         and Professional Regulation; amending s. 561.025,
    6         F.S.; renaming the Alcoholic Beverage and Tobacco
    7         Trust Fund; specifying distribution of funds;
    8         providing a directive to the Division of Law Revision
    9         and Information; creating ch. 566, F.S., relating to
   10         recreational marijuana; providing definitions relating
   11         to an excise tax on recreational marijuana; imposing
   12         an excise tax on recreational marijuana; providing for
   13         inflation adjustments to the tax rate; providing for
   14         collection of the tax; providing for distribution of
   15         tax revenues; requiring an annual report concerning
   16         tax revenues; providing definitions relating to
   17         regulation of recreational marijuana; prohibiting the
   18         use of false identification by persons under 21 years
   19         of age for specified activities relating to
   20         recreational marijuana; providing noncriminal
   21         penalties; providing for alternative sentencing;
   22         exempting certain activities involving marijuana from
   23         use and possession offenses; authorizing persons age
   24         21 and over to engage in certain activities involving
   25         personal use of marijuana in limited amounts;
   26         providing limits on where persons may engage in
   27         specified activities; providing for licensure of
   28         marijuana establishments that may engage in the
   29         manufacture, possession, or purchase of marijuana,
   30         marijuana products, and marijuana accessories or sell
   31         marijuana, marijuana products, or marijuana
   32         accessories to a consumer; specifying duties of the
   33         Division of Alcoholic Beverages, Marijuana, and
   34         Tobacco; providing for enforcement of regulatory
   35         provisions; authorizing agreements with other entities
   36         for certain enforcement activities; requiring an
   37         annual report; providing for licensing of marijuana
   38         establishments; providing for license fees; providing
   39         for a licenses process; providing limits on the number
   40         of retail marijuana stores in localities based on
   41         population; providing standards for prospective
   42         licensees; providing restrictions on the location of
   43         marijuana establishments; prohibiting certain
   44         activities by marijuana establishments; providing
   45         procedures when a marijuana establishment’s license
   46         expires; authorizing localities to prohibit one or
   47         more types of marijuana establishments through local
   48         ordinance; authorizing localities to specify an entity
   49         within the locality to be responsible for processing
   50         applications for a license to operate a marijuana
   51         establishment; providing for submission of
   52         applications to localities if the division has not
   53         issued establishment licenses by a specified date;
   54         specifying duties of the Attorney General concerning
   55         federal subpoenas; providing an exemption from
   56         specified provisions for marijuana research;
   57         specifying that the chapter does not apply to employer
   58         drug policies or operating under the influence laws;
   59         specifying that the chapter does not allow persons
   60         under 21 years of age to engage in activities
   61         permitted therein; providing that the rights of
   62         property owners are not affected; authorizing
   63         rulemaking; specifying that conduct allowed by the
   64         chapter may not be considered the basis for the
   65         finding of a lack of good moral character as that term
   66         is used in law; providing for emergency rulemaking;
   67         amending s. 500.03, F.S.; providing that marijuana
   68         establishments that sell food containing marijuana are
   69         considered food service establishments for the
   70         purposes of specified regulations; creating s.
   71         500.105, F.S.; specifying that food products
   72         containing marijuana that are prepared in permitted
   73         food establishments and sold by licensed retail
   74         marijuana stores are not considered adulterated;
   75         amending s. 562.13, F.S.; providing that it is
   76         unlawful for marijuana establishments to employ
   77         persons under 18 years of age; amending s. 569.0073,
   78         F.S.; exempting licensed marijuana establishments from
   79         specified provisions regulating the sale of pipes and
   80         smoking devices; amending ss. 893.13 and 893.135,
   81         F.S.; providing that conduct authorized under ch. 566,
   82         F.S., is not prohibited by specified controlled
   83         substance prohibitions; providing effective dates.
   84          
   85  Be It Enacted by the Legislature of the State of Florida:
   86  
   87         Section 1. Paragraph (b) of subsection (2) of section
   88  20.165, Florida Statutes, is amended to read:
   89         20.165 Department of Business and Professional Regulation.
   90  There is created a Department of Business and Professional
   91  Regulation.
   92         (2) The following divisions of the Department of Business
   93  and Professional Regulation are established:
   94         (b) Division of Alcoholic Beverages, Marijuana, and
   95  Tobacco.
   96         Section 2. Section 561.025, Florida Statutes, is amended to
   97  read:
   98         561.025 Alcoholic Beverage, Marijuana, and Tobacco Trust
   99  Fund.—There is created within the State Treasury the Alcoholic
  100  Beverage, Marijuana, and Tobacco Trust Fund. All funds collected
  101  by the division under ss. 210.15, 210.40, or under s. 569.003
  102  and the Beverage Law with the exception of state funds collected
  103  pursuant to ss. 563.05, 564.06, and 565.12 shall be deposited in
  104  the State Treasury to the credit of the trust fund,
  105  notwithstanding any other provision of law to the contrary. In
  106  addition, funds collected by the division under chapter 566
  107  shall be deposited into the trust fund, except that funds from
  108  the excise tax in s. 566.012 shall be deposited as provided in
  109  s. 566.013. Moneys deposited to the credit of the trust fund
  110  shall be used to operate the division and to provide a
  111  proportionate share of the operation of the office of the
  112  secretary and the Division of Administration of the Department
  113  of Business and Professional Regulation; except that:
  114         (1) The revenue transfer provisions of ss. 561.32 and
  115  561.342(1) and (2) shall continue in full force and effect, and
  116  the division shall cause such revenue to be returned to the
  117  municipality or county in the manner provided for in s. 561.32
  118  or s. 561.342(1) and (2).; and
  119         (2) Ten percent of the revenues derived from retail tobacco
  120  products dealer permit fees collected under s. 569.003 shall be
  121  transferred to the Department of Education to provide for
  122  teacher training and for research and evaluation to reduce and
  123  prevent the use of tobacco products by children.
  124         (3) Until January 1, 2024, an amount equal to 5 percent of
  125  the revenues received by the division during the previous month
  126  pursuant to the tax imposed by s. 566.012 shall be transferred
  127  to the Department of Health to be used to provide grants for the
  128  purpose of producing peer-reviewed research on marijuana’s
  129  beneficial uses and safety.
  130         Section 3. The Division of Law Revision and Information is
  131  directed to prepare a reviser’s bill for the 2016 Regular
  132  Session of the Legislature to redesignate the Division of
  133  Alcoholic Beverages and Tobacco of the Department of Business
  134  and Professional Regulation as the “Division of Alcoholic
  135  Beverages, Marijuana, and Tobacco” and the Alcoholic Beverage
  136  and Tobacco Trust Fund as the “Alcoholic Beverage, Marijuana,
  137  and Tobacco Trust Fund,” respectively, wherever those terms
  138  appear in the Florida Statutes.
  139         Section 4. Chapter 566, Florida Statutes, consisting of
  140  sections 566.011-566.042, Florida Statutes, is created to read:
  141                             CHAPTER 566                           
  142                       RECREATIONAL MARIJUANA                      
  143                               PART I                              
  144                             EXCISE TAX                            
  145         566.011 Definitions.—As used in this part, the term:
  146         (1) “Department” means the Department of Business and
  147  Professional Regulation.
  148         (2) “Division” means the Division of Alcoholic Beverages,
  149  Marijuana, and Tobacco of the department.
  150         (3) “Marijuana” means all parts of the plant of the genus
  151  Cannabis, whether growing or not, the seeds thereof, the resin
  152  extracted from any part of the plant, and every compound,
  153  manufacture, salt, derivative, mixture, or preparation of the
  154  plant, its seeds, or its resin, including marijuana concentrate.
  155  The term does not include industrial hemp, fiber produced from
  156  the stalks, oil, cake made from the seeds of the plant,
  157  sterilized seed of the plant that is incapable of germination,
  158  or the weight of any ingredient combined with marijuana to
  159  prepare topical or oral administrations, food, drink, or any
  160  other product.
  161         (4) “Marijuana cultivation facility” means an entity
  162  licensed to cultivate, prepare, and package and sell marijuana
  163  to retail marijuana stores, to marijuana product manufacturing
  164  facilities, and to other marijuana cultivation facilities, but
  165  not to consumers.
  166         (5) “Marijuana establishment” means a marijuana cultivation
  167  facility, marijuana testing facility, marijuana product
  168  manufacturing facility, or retail marijuana store.
  169         (6) “Marijuana product manufacturing facility” means an
  170  entity licensed to:
  171         (a) Purchase marijuana;
  172         (b) Manufacture, prepare, and package marijuana products;
  173  or
  174         (c) Sell marijuana and marijuana products to other
  175  marijuana product manufacturing facilities and to retail
  176  marijuana stores, but not to consumers.
  177         (7) “Marijuana products” means concentrated marijuana and
  178  products that consist of marijuana and other ingredients and are
  179  intended for use or consumption, including, but not limited to,
  180  edible products, ointments, and tinctures.
  181         (8) “Marijuana testing facility” means an entity licensed
  182  to analyze and certify the safety and potency of marijuana.
  183         (9) “Retail marijuana store” means an entity licensed to
  184  purchase marijuana from a marijuana cultivation facility and
  185  marijuana products from a marijuana product manufacturing
  186  facility and to sell marijuana and marijuana products to
  187  consumers.
  188         566.012 Excise tax on marijuana.—
  189         (1) An excise tax is imposed on the sale or transfer of
  190  marijuana from a marijuana cultivation facility to a retail
  191  marijuana store or marijuana product manufacturing facility.
  192  Each marijuana cultivation facility shall pay an excise tax at
  193  the rate of $50 per ounce, or proportionate part thereof, on
  194  marijuana that is sold or transferred from a marijuana
  195  cultivation facility pursuant to part II of this chapter.
  196         (2) The excise tax rate under subsection (1) shall be
  197  adjusted annually for inflation.
  198         (a) Beginning in 2017, on or about February 15 of each
  199  year, the department shall calculate the adjusted excise tax
  200  rates by multiplying the rates in effect on the calculation date
  201  by an inflation index computed as provided in paragraph (b). The
  202  adjusted rates must be rounded to the nearest cent and become
  203  effective on the first day of July immediately after the
  204  calculation. The division shall publish the annually adjusted
  205  excise tax rates and shall provide all necessary forms and
  206  reports.
  207         (b) The inflation index is the Consumer Price Index for All
  208  Urban Consumers, U.S. City Average, All Items, or successor
  209  reports, as reported by the United States Department of Labor,
  210  Bureau of Labor Statistics, for the calendar year ending on
  211  December 31 immediately before the calculation date, divided by
  212  the Consumer Price Index for the previous calendar year. The
  213  inflation index may not be less than one.
  214         (c)1. A marijuana cultivation facility subject to the
  215  licensing requirement of s. 566.036 shall file, on or before the
  216  last day of each month, a return on a form prescribed and
  217  furnished by the division together with payment of the tax due
  218  under this part. The return must report all marijuana products
  219  held, purchased, manufactured, brought in, or caused to be
  220  brought in from outside the state or shipped or transported to a
  221  retail marijuana store or marijuana product manufacturing
  222  facility within the state during the previous calendar month. A
  223  marijuana cultivation facility shall keep a complete and
  224  accurate record at its principal place of business to
  225  substantiate all receipts and sales of marijuana products.
  226         2. The return must include further information as the
  227  division may prescribe. Tax previously paid on marijuana
  228  products that are returned to a marijuana establishment because
  229  the product has become unfit for use, sale, or consumption and
  230  for marijuana products that are returned to a marijuana
  231  cultivation facility that are subsequently destroyed by the
  232  marijuana cultivation facility may be taken as a credit on a
  233  subsequent return. The division may either witness the
  234  destruction of the product or may accept another form of proof
  235  that the product has been destroyed by the marijuana cultivation
  236  facility.
  237         3. A person who is not a marijuana cultivation facility
  238  licensed pursuant to s. 566.036 who imports, receives, or
  239  otherwise acquires marijuana products for use or consumption in
  240  the state from a person other than a licensed marijuana
  241  cultivation facility shall file, on or before the last day of
  242  the month after each month in which marijuana products were
  243  acquired, a return on a form prescribed by the division together
  244  with payment of the tax imposed by this part at the rate
  245  provided in subsection (1). The return must report the quantity
  246  of marijuana products imported, received, or otherwise acquired
  247  from a person other than a licensed marijuana cultivation
  248  facility during the previous calendar month and additional
  249  information that the division may require.
  250         (d) If a marijuana cultivation facility fails to make tax
  251  payments as required by this section, the division may revoke
  252  the marijuana cultivation facility’s license.
  253         566.013 Distribution of revenues.—Revenues derived from the
  254  tax imposed by this part must be credited to the General Revenue
  255  Fund. On or before the last day of each month, the Chief
  256  Financial Officer shall transfer 15 percent of the revenue
  257  received by the division during the preceding month pursuant to
  258  the tax imposed by s. 566.012 to the Alcoholic Beverage,
  259  Marijuana, and Tobacco Trust Fund established under s. 561.025.
  260  On or before the last day of each month, the Chief Financial
  261  Officer shall transfer the remainder of the revenues to the
  262  General Revenue Fund.
  263         566.014 Annual report.—The division shall report annually
  264  beginning January 30, 2017, the amount of tax revenue collected
  265  pursuant to s. 566.012 and the amount distributed pursuant to s.
  266  561.025(3) to the appropriations committees of each house of the
  267  Legislature.
  268                               PART II                             
  269                        MARIJUANA REGULATION                       
  270         566.031 Definitions.—As used in this part, the term:
  271         (1) “Consumer” means a person 21 years of age or older who
  272  purchases marijuana or marijuana products for personal use by
  273  persons 21 years of age or older, but not for resale to others.
  274         (2) “Department” has the same meaning as provided in s.
  275  566.011.
  276         (3) “Division” has the same meaning as provided in s.
  277  566.011.
  278         (4) “Licensee” means any individual, partnership,
  279  corporation, firm, association, or other legal entity holding a
  280  marijuana establishment license within the state.
  281         (5) “Locality” means a municipality or, in reference to a
  282  location in the unorganized territory, the county in which that
  283  locality is located.
  284         (6) “Marijuana” has the same meaning as provided in s.
  285  566.011.
  286         (7) “Marijuana accessories” means equipment, products, or
  287  materials of any kind that are used, intended, or designed for
  288  use in planting, propagating, cultivating, growing, harvesting,
  289  composting, manufacturing, compounding, converting, producing,
  290  processing, preparing, testing, analyzing, packaging,
  291  repackaging, storing, vaporizing, or containing marijuana or for
  292  ingesting, inhaling, or otherwise introducing marijuana into the
  293  human body.
  294         (8) “Marijuana cultivation facility” has the same meaning
  295  as provided in s. 566.011.
  296         (9) “Marijuana establishment” has the same meaning as
  297  provided in s. 566.011.
  298         (10) “Marijuana product manufacturing facility” has the
  299  same meaning as provided in s. 566.011.
  300         (11) “Marijuana testing facility” means an entity licensed
  301  to analyze and certify the safety and potency of marijuana.
  302         (12) “Minor” means a person under 21 years of age.
  303         (13) “Retail marijuana store” has the same meaning as
  304  provided in s. 566.011.
  305         (14) “Seedling” means a marijuana plant that has no
  306  flowers, is less than 12 inches in height, and is less than 12
  307  inches in diameter.
  308         566.0311 False identification.—
  309         (1) As used in this section, the term “minor” means a
  310  person who is under 21 years of age.
  311         (2) A minor may not present or offer to a marijuana
  312  establishment or the marijuana establishment’s agent or employee
  313  any written or oral evidence of age that is false, fraudulent,
  314  or not actually the minor’s own for the purpose of:
  315         (a) Ordering, purchasing, attempting to purchase or
  316  otherwise procuring or attempting to procure marijuana; or
  317         (b) Gaining access to marijuana.
  318         (3)(a) A minor who violates subsection (2) commits:
  319         1. For a first offense, a noncriminal violation subject to
  320  a civil penalty of at least $200 and not more than $400.
  321         2. For a second offense, a noncriminal violation subject to
  322  a civil penalty of at least $300 and not more than $600, which
  323  may only be suspended as provided in paragraph (b).
  324         3. For a third or subsequent offense, a noncriminal
  325  violation subject to a civil penalty of $600, which may only be
  326  suspended as provided in paragraph (b).
  327  
  328  When a minor is adjudged to have committed a first offense under
  329  subsection (2), the judge shall inform that minor that the
  330  noncriminal penalties for the second and subsequent offenses are
  331  mandatory and may only be suspended as provided in paragraph
  332  (b). Failure to inform the minor that subsequent noncriminal
  333  penalties are mandatory is not a ground for suspension of any
  334  subsequent civil penalty.
  335         (b) A judge, as an alternative to or in addition to the
  336  noncriminal penalties specified in paragraph (a), may assign the
  337  minor to perform specified work for the benefit of the state,
  338  the municipality, or other public entity or a charitable
  339  institution for no more than 40 hours for each violation.
  340         566.032 Exemption from criminal and noncriminal penalties,
  341  seizure, or forfeiture.—Notwithstanding chapter 893 or any other
  342  provision of law, and except as provided in this part, the
  343  actions specified in this part are legal under the laws of this
  344  state and do not constitute a civil or criminal offense under
  345  the laws of this state or the law of any political subdivision
  346  within this state or serve as a basis for seizure or forfeiture
  347  of assets under state law.
  348         566.033 Personal use of marijuana.—
  349         (1) A person who is 21 years of age or older may:
  350         (a) Use, possess, or transport marijuana accessories and up
  351  to 2.5 ounces of marijuana.
  352         (b) Transfer or furnish, without remuneration, up to 2.5
  353  ounces of marijuana and up to 6 seedlings to a person who is 21
  354  years of age or older.
  355         (c) Possess, grow, cultivate, process, or transport up to 6
  356  marijuana plants, including seedlings, and possess the marijuana
  357  produced by the marijuana plants on the premises where the
  358  plants were grown.
  359         (d) Purchase up to 2.5 ounces of marijuana, up to 6
  360  seedlings, and marijuana accessories from a retail marijuana
  361  store.
  362         (2) The following apply to the cultivation of marijuana for
  363  personal use by a person who is 21 years of age or older:
  364         (a) A person may cultivate up to 6 marijuana plants,
  365  including seedlings, at that person’s place of residence, on
  366  property owned by that person, or on another person’s property
  367  with permission of the owner of the other property.
  368         (b) A person who elects to cultivate marijuana shall take
  369  reasonable precautions to ensure the plants are secure from
  370  unauthorized access or access by a person under 21 years of age.
  371  Reasonable precautions include, but are not limited to,
  372  cultivating marijuana in a fully enclosed secure outdoor area,
  373  locked closet, or locked room inaccessible to persons under 21
  374  years of age.
  375         (3) A person may smoke or ingest marijuana in a nonpublic
  376  place, including, but not limited to, a private residence.
  377         (a) This subsection does not permit a person to consume
  378  marijuana in a manner that endangers others.
  379         (b) The prohibitions and limitations on smoking tobacco
  380  products in specified areas in part II of chapter 386 apply to
  381  marijuana.
  382         (c) A person who smokes marijuana in a public place other
  383  than as governed by part II of chapter 386 commits a noncriminal
  384  violation subject to a civil penalty of $100.
  385         566.034 Marijuana establishments.—
  386         (1) A marijuana establishment may engage in the
  387  manufacture, possession, or purchase of marijuana, marijuana
  388  products, and marijuana accessories and sell marijuana,
  389  marijuana products, or marijuana accessories to a consumer as
  390  described in this subsection.
  391         (a) A retail marijuana store may:
  392         1. Possess, display, or transport marijuana, marijuana
  393  products, or marijuana accessories.
  394         2. Purchase marijuana from a marijuana cultivation
  395  facility.
  396         3. Purchase marijuana or marijuana products from a
  397  marijuana product manufacturing facility.
  398         4. Sell marijuana, marijuana products, or marijuana
  399  accessories to consumers.
  400         (b) A marijuana cultivation facility may:
  401         1. Cultivate, harvest, process, package, transport,
  402  display, or possess marijuana.
  403         2. Deliver or transfer marijuana to a marijuana testing
  404  facility.
  405         3. Sell marijuana to another marijuana cultivation
  406  facility, a marijuana product manufacturing facility, or a
  407  retail marijuana store.
  408         4. Purchase marijuana from another marijuana cultivation
  409  facility.
  410         (c) A marijuana product manufacturing facility may:
  411         1. Package, process, transport, manufacture, display, or
  412  possess marijuana or marijuana products.
  413         2. Deliver or transfer marijuana or marijuana products to a
  414  marijuana testing facility.
  415         3. Sell marijuana or marijuana products to a retail
  416  marijuana store or marijuana product manufacturing facility.
  417         4. Purchase marijuana from a marijuana cultivation
  418  facility.
  419         5. Purchase marijuana or marijuana products from a
  420  marijuana product manufacturing facility.
  421         (d) A marijuana testing facility may possess, cultivate,
  422  process, repackage, store, transport, display, transfer, or
  423  deliver marijuana or marijuana products.
  424  
  425  A marijuana establishment may lease or otherwise allow the use
  426  of property owned, occupied, or controlled by a person,
  427  corporation, or other entity for any of the activities conducted
  428  lawfully in accordance with this subsection.
  429         (2) This section does not prevent the imposition of
  430  penalties for violating this chapter or state or local rules
  431  adopted pursuant to this chapter.
  432         566.035 Duties of the division.—The division shall:
  433         (1) Enforce the laws and rules relating to the
  434  manufacturing, processing, labeling, storing, transporting,
  435  testing, and selling of marijuana by marijuana establishments
  436  and administer those laws relating to licensing and the
  437  collection of taxes.
  438         (2) Adopt rules consistent with this chapter for the
  439  administration and enforcement of laws regulating and licensing
  440  marijuana establishments.
  441         (3) If determined necessary by the division, enter into a
  442  memorandum of understanding with the Department of Law
  443  Enforcement, a county sheriff, or other state or municipal law
  444  enforcement agency to perform inspections of marijuana
  445  establishments.
  446         (4) Issue marijuana cultivation facility, marijuana testing
  447  facility, marijuana product manufacturing facility, and retail
  448  marijuana store licenses.
  449         (5) Prevent the sale of marijuana by licensees to minors
  450  and intoxicated persons.
  451         (6) Ensure that licensees have access to the provisions of
  452  this chapter and other laws and rules governing marijuana in
  453  accordance with this section.
  454         (7) Post on the department’s publicly accessible website
  455  this chapter and all rules adopted under this chapter. The
  456  division shall notify all licensees of changes in the law and
  457  rules through a publicly accessible website posting within 90
  458  days after adjournment of each session of the Legislature. The
  459  division shall update the posting on the department’s publicly
  460  accessible website to reflect new laws and rules before the
  461  effective date of the laws and rules.
  462         (8) Certify monthly to the Chief Financial Officer a
  463  complete statement of revenues and expenses for licenses issued
  464  and for revenues collected by the division and submit an annual
  465  report that includes a complete statement of the revenues and
  466  expenses for the division to the Governor, the Speaker of the
  467  House of Representatives, and the President of the Senate.
  468         (9) Suspend or revoke the license of a licensee in
  469  accordance with rules adopted by the division. A marijuana
  470  establishment with a license that is suspended or revoked
  471  pursuant to this subsection may:
  472         (a) Continue to possess marijuana during the time its
  473  license is suspended, but may not dispense, transfer, or sell
  474  marijuana. If the marijuana establishment is a marijuana
  475  cultivation facility, it may continue to cultivate marijuana
  476  plants during the time its license is suspended. Marijuana may
  477  not be removed from the licensed premises except as authorized
  478  by the division and only for the purpose of destruction.
  479         (b) Possess marijuana for up to 7 days after revocation of
  480  its license, during which time the marijuana establishment shall
  481  dispose of its inventory of marijuana in accordance with
  482  division rules.
  483         (10) Beginning January 15, 2016, and annually thereafter,
  484  report to the committees of each house of the Legislature having
  485  jurisdiction over marijuana regulation. The report must include,
  486  but is not limited to, all rules adopted by the division and
  487  statistics regarding the number of marijuana establishment
  488  applications received, and licensed and the licensing fees
  489  collected within the previous year.
  490         566.036 Licensing of marijuana establishments.—
  491         (1) An applicant for a marijuana establishment license
  492  shall file an application in the form required by the division
  493  for the type of marijuana establishment license sought, along
  494  with the application fee, not to exceed $5,000, as set by rule.
  495  An applicant may apply for and be granted more than one type of
  496  marijuana establishment license, except that a person licensed
  497  as a marijuana testing facility may not hold another marijuana
  498  establishment license. The division shall begin accepting and
  499  processing applications by August 1, 2016.
  500         (2) Upon receiving an application for a marijuana
  501  establishment license, the division shall immediately forward a
  502  copy of the application and 50 percent of the license
  503  application fee to the locality in which the applicant desires
  504  to operate.
  505         (3) The division shall issue or renew a license to operate
  506  a marijuana establishment to an applicant who meets the
  507  requirements of the division as set forth in rule and in
  508  subsection (9) within 90 days after the date of receipt of the
  509  application unless:
  510         (a) The division finds the applicant is not in compliance
  511  with this section or rules adopted by the division;
  512         (b) The division is notified by the relevant locality that
  513  the applicant is not in compliance with an ordinance, rule, or
  514  regulation in effect at the time of application; or
  515         (c) The number of marijuana establishments allowed in the
  516  locality has been limited pursuant to s. 566.037 or is limited
  517  by subsection (5) and the division has already licensed the
  518  maximum number of marijuana establishments allowed in the
  519  locality for the category of license that is sought.
  520         (4) The following shall control when more than one
  521  application is received by the division for establishment of a
  522  marijuana establishment in the same locality:
  523         (a) If a greater number of applications are received from
  524  qualified applicants to operate a marijuana establishment in a
  525  locality than are allowed under the limits enacted by the
  526  locality pursuant to s. 566.037 or pursuant to subsection (5),
  527  the division shall solicit and consider input from the locality
  528  regarding the locality’s preference or preferences for
  529  licensure. Within 90 days after the date that the first
  530  application is received, the division shall issue the maximum
  531  number of applicable licenses for each type of marijuana
  532  establishment license application received.
  533         (b) In a competitive application process to determine which
  534  applicants will receive licenses for a marijuana establishment,
  535  the division shall give preference to an applicant who has at
  536  least 1 year of previous experience in operating another
  537  business in this state in compliance with state law.
  538         (c) The division may not grant a license for a marijuana
  539  establishment to a licensee who has already received a license
  540  to operate the same type of marijuana establishment if doing so
  541  would prevent another qualified applicant from receiving a
  542  license.
  543         (5) Unless the locality has prohibited retail marijuana
  544  stores or has enacted a lower limit on the number of retail
  545  marijuana stores, the division shall license no more than:
  546         (a) One retail marijuana store per each 5,000 persons in a
  547  locality with a population over 20,000.
  548         (b) Two retail marijuana stores in a locality with a
  549  population of at least 5,001 but less than 20,000.
  550         (c) One retail marijuana store in a locality with a
  551  population of at least 2,000 but less than 5,001.
  552  
  553  The division may license one retail marijuana store in a
  554  locality where the population is less than 2,000 if the
  555  municipality or county commissioners for the locality has not
  556  prohibited retail marijuana stores. The division may grant a
  557  locality’s request to allow additional marijuana stores. The
  558  division may consider the impact of seasonal population or
  559  tourism and other related information provided by the locality
  560  requesting an additional marijuana establishment location.
  561         (6) Upon denial of an application, the division shall
  562  notify the applicant in writing of the specific reason for its
  563  denial.
  564         (7) All licenses under this part are valid for 1 year from
  565  the date of issuance.
  566         (8) A prospective licensee as a marijuana establishment:
  567         (a) May not have been convicted of a disqualifying drug
  568  offense. For purposes of this section, the term “disqualifying
  569  drug offense” means a conviction for a violation of a state or
  570  federal controlled substance law that is a crime punishable by
  571  imprisonment for 1 year or more. It does not include an offense
  572  for which the sentence, including any term of probation,
  573  incarceration, or supervised release, was completed 10 or more
  574  years before application for licensure or an offense that
  575  consisted of conduct that would be permitted under this part.
  576         (b) May not have had a previous license revoked for a
  577  marijuana establishment.
  578         (c) If the applicant is a corporation, may not be issued a
  579  license if any of the principal officers of the corporation
  580  would be personally ineligible under paragraph (a) or paragraph
  581  (b).
  582         (9) A marijuana establishment:
  583         (a) May not be located within 500 feet of the property line
  584  of a preexisting public or private school. The distance must be
  585  measured from the main entrance of the marijuana establishment
  586  to the main entrance of the school by the ordinary course of
  587  travel.
  588         (b) Shall implement appropriate security measures,
  589  consistent with rules issued by the division, that are designed
  590  to prevent:
  591         1. Unauthorized entrance into areas containing marijuana.
  592         2. The theft of marijuana located on the premises or in
  593  transit to or from the premises by the licensee.
  594         3. Tampering with or adulteration of the marijuana
  595  products.
  596         4. Unauthorized access to marijuana or marijuana
  597  accessories.
  598         5. Access to marijuana by or sales of marijuana to minors.
  599         (c) Shall prepare and maintain documents that include
  600  procedures for the oversight of all aspects of operations and
  601  procedures to ensure accurate recordkeeping.
  602         (d) Shall make available for inspection its license at the
  603  premises where that license applies. A licensee may not refuse a
  604  representative of the division the right at any time to inspect
  605  the entire licensed premises or to audit the books and records
  606  of the licensee.
  607         (e) May not sell marijuana to a person under 21 years of
  608  age or to a visibly intoxicated person.
  609         (f) If the licensee is a retail marijuana store, it may not
  610  allow a minor to enter or remain on the premises unless the
  611  minor is an employee of the division, a law enforcement officer,
  612  emergency personnel, or a contractor performing work on the
  613  facility that is not directly related to marijuana, such as
  614  installing or maintaining security devices or performing
  615  electrical wiring.
  616         (g) May not sell marijuana between the hours of 1 a.m. and
  617  6 a.m.
  618         (h) May not employ as a manager or leave in charge of the
  619  licensed premises any person who, by reason of conviction for a
  620  disqualifying drug offense or because of a revocation of that
  621  person’s marijuana establishment license, is not eligible for a
  622  marijuana establishment license.
  623         (i) If a retail marijuana store, may not offer any free
  624  merchandise, a rebate, or a gift to a consumer.
  625         (j) If a retail marijuana store, may only sell or furnish
  626  marijuana to a consumer from the premises licensed by the
  627  department. A retail marijuana store may not, either directly or
  628  indirectly, by any agent or employee, travel from locality to
  629  locality, or from place to place within the same locality,
  630  selling, bartering, carrying for sale, or exposing for sale
  631  marijuana from a vehicle.
  632         (10) A person who intentionally provides false information
  633  on an application for a marijuana establishment license violates
  634  s. 837.06.
  635         (11) When a licensee’s license expires:
  636         (a) A licensee who unintentionally fails to renew a license
  637  upon its expiration date and continues to engage in activities
  638  allowed by s. 566.034 may not be charged with illegal sales for
  639  a period of 7 days after the expiration date. A licensee who
  640  continues to make sales of marijuana after having been properly
  641  notified of the expired license may be charged with illegally
  642  selling marijuana.
  643         (b) At least 30 days before expiration of a licensee’s
  644  license issued pursuant to this part, the division shall notify
  645  the licensee by the most expedient means available:
  646         1. That the licensee’s license is scheduled to expire.
  647         2. The date of expiration.
  648         3. That all sales of marijuana must be suspended after the
  649  date of expiration and remain suspended until the license is
  650  properly renewed.
  651  
  652  Failure by the division to notify a licensee pursuant to this
  653  paragraph does not excuse a licensee from being charged with a
  654  violation of this part.
  655         566.037 Local control.—
  656         (1) A locality may prohibit the operation of one or more
  657  types of marijuana establishments through the enactment of an
  658  ordinance.
  659         (2) If a locality does not prohibit the operation of a
  660  marijuana establishment pursuant to subsection (1), the
  661  following apply:
  662         (a) No later than September 1, 2016, a locality may enact
  663  an ordinance or regulation specifying the entity within the
  664  locality that is responsible for processing applications
  665  submitted for a licensee to operate a marijuana establishment
  666  within the boundaries of the locality. The locality may provide
  667  that the entity may issue such licenses if issuance by the
  668  locality becomes necessary because of a failure by the division
  669  to adopt rules pursuant to s. 566.035 or because of a failure by
  670  the division to process and issue licenses as required by s.
  671  566.036.
  672         (b) A locality may enact ordinances, rules, or regulations
  673  pursuant to this paragraph as long as those ordinances, rules,
  674  or regulations do not conflict with this section or with rules
  675  issued pursuant to s. 566.035. The ordinances may:
  676         1. Govern the time, place, and manner of operations and
  677  number of marijuana establishments.
  678         2. Establish procedures for the issuance, suspension, and
  679  revocation of a license issued by the locality in accordance
  680  with paragraph (c) or paragraph (d).
  681         3. Establish a schedule of annual operating, licensing, and
  682  application fees for a marijuana establishment. This
  683  subparagraph applies only if the application fee or licensing
  684  fee is submitted to a locality in accordance with paragraph (c)
  685  or paragraph (d).
  686         4. Establish noncriminal penalties for violation of an
  687  ordinance, rule, or regulation governing the time, place, and
  688  manner that a marijuana establishment may operate in that
  689  locality.
  690         (c) If the division does not begin issuing licenses by
  691  January 1, 2017, an applicant may submit an application directly
  692  to the locality in which it wants to operate. A locality that
  693  receives an application pursuant to this paragraph shall issue a
  694  license to an applicant within 90 days after receipt of the
  695  application unless the locality finds, and notifies the
  696  applicant, that the applicant is not in compliance with an
  697  ordinance, rule, or regulation made pursuant to s. 566.035 or
  698  paragraph (b) in effect at the time of application. The locality
  699  shall notify the division if the locality issues an annual
  700  license to the applicant.
  701         (d) If the division does not issue a license to an
  702  applicant within 90 days after receipt of the application filed
  703  in accordance with s. 566.036 and does not notify the applicant
  704  of the specific reason for denial, in writing and within 90 days
  705  after receipt of the application, the applicant may resubmit its
  706  application directly to the locality and the locality may issue
  707  an annual license to the applicant. A locality issuing a license
  708  to an applicant shall do so within 90 days after receipt of the
  709  resubmitted application unless the locality finds, and notifies
  710  the applicant, that the applicant is not in compliance with an
  711  ordinance, rule, or regulation made pursuant to s. 566.035 or
  712  paragraph (b) in effect at the time the application is
  713  resubmitted. The locality shall notify the division if the
  714  locality issues an annual license to the applicant. If an
  715  application is submitted to a locality under this paragraph, the
  716  division shall forward to the locality the application fee paid
  717  by the applicant to the division upon request by the locality.
  718         (e) A license issued by a locality in accordance with
  719  paragraph (c) or paragraph (d) has the same effect as a license
  720  issued by the division in accordance with s. 566.036 and the
  721  holder of that license is not subject to regulation or
  722  enforcement by the division during the term of that license. A
  723  subsequent or renewed license may be issued under this paragraph
  724  on an annual basis if the division has not adopted rules
  725  required by s. 566.035 at least 90 days before the date upon
  726  which such subsequent or renewed license would be effective, or
  727  if the division has adopted rules pursuant to s. 566.041 but has
  728  not, at least 90 days after the adoption of those rules, issued
  729  any marijuana establishment licenses pursuant to s. 566.036.
  730         566.038 Defense of state law.—The Attorney General shall to
  731  the best of the abilities of the office and in good faith
  732  advocate to quash any federal subpoena for records involving
  733  marijuana establishments.
  734         566.039 Research.—Notwithstanding the provisions of this
  735  part regulating the distribution of marijuana, a scientific or
  736  medical researcher who has previously published peer-reviewed
  737  research may purchase, possess, and securely store marijuana for
  738  purposes of conducting research. A scientific or medical
  739  researcher may administer and distribute marijuana to a
  740  participant in research who is at least 21 years of age after
  741  receiving informed consent from that participant.
  742         566.04 Construction.—
  743         (1) EMPLOYMENT POLICIES.—This chapter does not require an
  744  employer to permit or accommodate the use, consumption,
  745  possession, transfer, display, transportation, sale, or growing
  746  of marijuana in the workplace or to affect the ability of
  747  employers to have policies restricting the use of marijuana by
  748  their employees.
  749         (2) OPERATING UNDER THE INFLUENCE.—This chapter does not
  750  exempt a person from the laws prohibiting operating under the
  751  influence under chapter 316 or chapter 327.
  752         (3) TRANSFER TO MINOR.—This chapter does not permit the
  753  transfer of marijuana, with or without remuneration, to a minor
  754  or to allow a minor to purchase, possess, use, transport, grow,
  755  or consume marijuana.
  756         (4) RESTRICTION ON USE OF PROPERTY.—This chapter does not
  757  prohibit a person, employer, school, hospital, detention
  758  facility, corporation, or other entity that occupies, owns, or
  759  controls real property from prohibiting or otherwise regulating
  760  the possession, consumption, use, display, transfer,
  761  distribution, sale, transportation, or growing of marijuana on
  762  or in that real property.
  763         (5) COMPASSIONATE USE OF LOW-THC CANNABIS.—This chapter
  764  does not apply to the compassionate use of low-THC cannabis
  765  under s. 381.986.
  766         566.041 Rulemaking.—The division shall adopt any rules
  767  necessary to administer and enforce the provisions of this
  768  chapter.
  769         566.042 Good moral character.—Engaging in conduct allowed
  770  by this chapter may not be the basis for a finding of a lack of
  771  good moral character as that term is used in the Florida
  772  Statutes.
  773         Section 5. Section 566.037, Florida Statues, as created by
  774  this act, which relates to local control, shall take effect upon
  775  this act becoming a law.
  776         Section 6. Rulemaking.—This section shall take effect upon
  777  this act becoming a law.
  778         (1) By June 1, 2016, the Division of Alcoholic Beverages,
  779  Marijuana, and Tobacco of the Department of Business and
  780  Professional Regulation shall adopt emergency rules for the
  781  administration and the enforcement of laws regulating and
  782  licensing marijuana establishments pursuant to part II of
  783  chapter 566, Florida Statutes, as created by this act. These
  784  rules must be developed by the division and may not be
  785  contracted out to an entity outside the division. These rules
  786  may not prohibit the operation of marijuana establishments,
  787  either expressly or through restrictions that make the operation
  788  of marijuana establishments unreasonably impracticable. As used
  789  in this section, the term “unreasonably impracticable” means
  790  that the measures necessary to comply with the rules require
  791  such a high investment of risk, money, time, or other resource
  792  or asset that the operation of a marijuana establishment is not
  793  worthy of being carried out in practice by a reasonably prudent
  794  businessperson.
  795         (2) Rules adopted pursuant to this section must include:
  796         (a) Provisions for administering and enforcing part II of
  797  chapter 566, Florida Statutes, including oversight requirements
  798  and noncriminal penalties for violations.
  799         (b) The form and content of applications for each type of
  800  marijuana establishment license, registration renewal forms, and
  801  associated licensing and renewal fee schedules, except that an
  802  application, licensing, or renewal fee may not exceed $5,000.
  803         (c) Procedures allowing an applicant who has been denied a
  804  license due to failure to meet the requirements for licensing to
  805  correct the reason for failure.
  806         (d) Procedures and timelines for background checks and
  807  appeals.
  808         (e) Rules governing the transfer of a license, which must
  809  be substantially the same as rules governing the transfer of a
  810  beverage license under chapter 561, Florida Statutes.
  811         (f) Minimum standards for employment, including
  812  requirements for background checks, restrictions against hiring
  813  persons under 21 years of age, and safeguards to protect against
  814  unauthorized employee access to marijuana.
  815         (g) Minimum recordkeeping requirements, including the
  816  recording of the disposal of marijuana that is not sold. Rules
  817  developed pursuant to this subsection may not require a consumer
  818  to provide a retail marijuana store with personal information
  819  other than government-issued identification to determine the
  820  consumer’s age or require the retail marijuana store to acquire
  821  and record personal information about its consumers.
  822         (h) Health and safety rules and standards for the
  823  manufacture of marijuana products and the cultivation of
  824  marijuana.
  825         (i) Labeling requirements for marijuana and marijuana
  826  products sold or distributed by a marijuana establishment.
  827         (j) Restrictions on the advertising, signage, and display
  828  of marijuana and marijuana products.
  829         (k) Minimum security requirements, including standards to
  830  reasonably protect against unauthorized access to marijuana at
  831  all stages of the licensee’s possession, transportation,
  832  storage, and cultivation of marijuana; these security
  833  requirements may not prohibit outdoor cultivation in an
  834  enclosed, secured space.
  835         (l) Procedures for enforcing s. 566.036(9) and (10),
  836  Florida Statutes, including noncriminal penalties for
  837  violations, procedures for suspending or terminating the license
  838  of a licensee who violates licensing provisions or the rules
  839  adopted pursuant to this section, and procedures for appeals of
  840  penalties or licensing actions.
  841         (m) Any other oversight requirements that the division
  842  determines are necessary to administer the laws relating to
  843  licensing marijuana establishments.
  844         (3) Rules adopted pursuant to this section may not prohibit
  845  a locality, as defined in s. 566.031, Florida Statutes, from
  846  limiting the number of each type of licensee that may operate in
  847  the locality or from enacting reasonable regulations applicable
  848  to licensees.
  849         Section 7. Paragraph (p) of subsection (1) of section
  850  500.03, Florida Statutes, is amended to read:
  851         500.03 Definitions; construction; applicability.—
  852         (1) For the purpose of this chapter, the term:
  853         (p) “Food establishment” means a factory, food outlet, or
  854  other facility manufacturing, processing, packing, holding, or
  855  preparing food or selling food at wholesale or retail. The term
  856  does not include a business or activity that is regulated under
  857  s. 413.051, s. 500.80, chapter 509, or chapter 601. The term
  858  includes a retail marijuana store that sells food containing
  859  marijuana pursuant to chapter 566. The term includes tomato
  860  packinghouses and repackers but does not include any other
  861  establishments that pack fruits and vegetables in their raw or
  862  natural states, including those fruits or vegetables that are
  863  washed, colored, or otherwise treated in their unpeeled, natural
  864  form before they are marketed.
  865         Section 8. Section 500.105, Florida Statutes, is created to
  866  read:
  867         500.105 Retail marijuana store food products containing
  868  marijuana.—Food products containing marijuana that are prepared
  869  in a food establishment that holds a permit under s. 500.12, if
  870  required, and that are sold by a retail marijuana store licensed
  871  under chapter 566 are not considered adulterated under this
  872  chapter due to the presence of marijuana.
  873         Section 9. Subsection (1) of section 562.13, Florida
  874  Statutes, is amended to read:
  875         562.13 Employment of minors or certain other persons by
  876  certain vendors prohibited; exceptions.—
  877         (1) Unless otherwise provided in this section, it is
  878  unlawful for any vendor licensed under the Beverage Law or a
  879  licensee under chapter 566 to employ any person under 18 years
  880  of age.
  881         Section 10. Subsection (1) of section 569.0073, Florida
  882  Statutes, is amended to read:
  883         569.0073 Special provisions; smoking pipes and smoking
  884  devices.—
  885         (1) It is unlawful for any person to offer for sale at
  886  retail any of the items listed in subsection (2) unless such
  887  person:
  888         (a) Has a retail tobacco products dealer permit under s.
  889  569.003 or is a marijuana establishment licensed under s.
  890  566.036. The provisions of this chapter apply to any person that
  891  offers for retail sale any of the items listed in subsection
  892  (2); and
  893         (b)1. Derives at least 75 percent of its annual gross
  894  revenues from the retail sale of cigarettes, cigars, and other
  895  tobacco products or marijuana products sold in compliance with
  896  chapter 566; or
  897         2. Derives no more than 25 percent of its annual gross
  898  revenues from the retail sale of the items listed in subsection
  899  (2).
  900         Section 11. Subsection (11) is added to section 893.13,
  901  Florida Statutes, to read:
  902         893.13 Prohibited acts; penalties.—
  903         (11) Subsections (1)-(8) are not applicable to conduct
  904  authorized under chapter 566.
  905         Section 12. Subsection (1) of section 893.135, Florida
  906  Statutes, is amended to read:
  907         893.135 Trafficking; mandatory sentences; suspension or
  908  reduction of sentences; conspiracy to engage in trafficking.—
  909         (1) Except as authorized in this chapter, or in chapter
  910  499, or chapter 566 and notwithstanding the provisions of s.
  911  893.13:
  912         (a) Any person who knowingly sells, purchases,
  913  manufactures, delivers, or brings into this state, or who is
  914  knowingly in actual or constructive possession of, in excess of
  915  25 pounds of cannabis, or 300 or more cannabis plants, commits a
  916  felony of the first degree, which felony shall be known as
  917  “trafficking in cannabis,” punishable as provided in s. 775.082,
  918  s. 775.083, or s. 775.084. If the quantity of cannabis involved:
  919         1. Is in excess of 25 pounds, but less than 2,000 pounds,
  920  or is 300 or more cannabis plants, but not more than 2,000
  921  cannabis plants, such person shall be sentenced to a mandatory
  922  minimum term of imprisonment of 3 years, and the defendant shall
  923  be ordered to pay a fine of $25,000.
  924         2. Is 2,000 pounds or more, but less than 10,000 pounds, or
  925  is 2,000 or more cannabis plants, but not more than 10,000
  926  cannabis plants, such person shall be sentenced to a mandatory
  927  minimum term of imprisonment of 7 years, and the defendant shall
  928  be ordered to pay a fine of $50,000.
  929         3. Is 10,000 pounds or more, or is 10,000 or more cannabis
  930  plants, such person shall be sentenced to a mandatory minimum
  931  term of imprisonment of 15 calendar years and pay a fine of
  932  $200,000.
  933  
  934  For the purpose of this paragraph, a plant, including, but not
  935  limited to, a seedling or cutting, is a “cannabis plant” if it
  936  has some readily observable evidence of root formation, such as
  937  root hairs. To determine if a piece or part of a cannabis plant
  938  severed from the cannabis plant is itself a cannabis plant, the
  939  severed piece or part must have some readily observable evidence
  940  of root formation, such as root hairs. Callous tissue is not
  941  readily observable evidence of root formation. The viability and
  942  sex of a plant and the fact that the plant may or may not be a
  943  dead harvested plant are not relevant in determining if the
  944  plant is a “cannabis plant” or in the charging of an offense
  945  under this paragraph. Upon conviction, the court shall impose
  946  the longest term of imprisonment provided for in this paragraph.
  947         (b)1. Any person who knowingly sells, purchases,
  948  manufactures, delivers, or brings into this state, or who is
  949  knowingly in actual or constructive possession of, 28 grams or
  950  more of cocaine, as described in s. 893.03(2)(a)4., or of any
  951  mixture containing cocaine, but less than 150 kilograms of
  952  cocaine or any such mixture, commits a felony of the first
  953  degree, which felony shall be known as “trafficking in cocaine,”
  954  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  955  If the quantity involved:
  956         a. Is 28 grams or more, but less than 200 grams, such
  957  person shall be sentenced to a mandatory minimum term of
  958  imprisonment of 3 years, and the defendant shall be ordered to
  959  pay a fine of $50,000.
  960         b. Is 200 grams or more, but less than 400 grams, such
  961  person shall be sentenced to a mandatory minimum term of
  962  imprisonment of 7 years, and the defendant shall be ordered to
  963  pay a fine of $100,000.
  964         c. Is 400 grams or more, but less than 150 kilograms, such
  965  person shall be sentenced to a mandatory minimum term of
  966  imprisonment of 15 calendar years and pay a fine of $250,000.
  967         2. Any person who knowingly sells, purchases, manufactures,
  968  delivers, or brings into this state, or who is knowingly in
  969  actual or constructive possession of, 150 kilograms or more of
  970  cocaine, as described in s. 893.03(2)(a)4., commits the first
  971  degree felony of trafficking in cocaine. A person who has been
  972  convicted of the first degree felony of trafficking in cocaine
  973  under this subparagraph shall be punished by life imprisonment
  974  and is ineligible for any form of discretionary early release
  975  except pardon or executive clemency or conditional medical
  976  release under s. 947.149. However, if the court determines that,
  977  in addition to committing any act specified in this paragraph:
  978         a. The person intentionally killed an individual or
  979  counseled, commanded, induced, procured, or caused the
  980  intentional killing of an individual and such killing was the
  981  result; or
  982         b. The person’s conduct in committing that act led to a
  983  natural, though not inevitable, lethal result,
  984  
  985  such person commits the capital felony of trafficking in
  986  cocaine, punishable as provided in ss. 775.082 and 921.142. Any
  987  person sentenced for a capital felony under this paragraph shall
  988  also be sentenced to pay the maximum fine provided under
  989  subparagraph 1.
  990         3. Any person who knowingly brings into this state 300
  991  kilograms or more of cocaine, as described in s. 893.03(2)(a)4.,
  992  and who knows that the probable result of such importation would
  993  be the death of any person, commits capital importation of
  994  cocaine, a capital felony punishable as provided in ss. 775.082
  995  and 921.142. Any person sentenced for a capital felony under
  996  this paragraph shall also be sentenced to pay the maximum fine
  997  provided under subparagraph 1.
  998         (c)1. A person who knowingly sells, purchases,
  999  manufactures, delivers, or brings into this state, or who is
 1000  knowingly in actual or constructive possession of, 4 grams or
 1001  more of any morphine, opium, hydromorphone, or any salt,
 1002  derivative, isomer, or salt of an isomer thereof, including
 1003  heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or
 1004  (3)(c)4., or 4 grams or more of any mixture containing any such
 1005  substance, but less than 30 kilograms of such substance or
 1006  mixture, commits a felony of the first degree, which felony
 1007  shall be known as “trafficking in illegal drugs,” punishable as
 1008  provided in s. 775.082, s. 775.083, or s. 775.084. If the
 1009  quantity involved:
 1010         a. Is 4 grams or more, but less than 14 grams, such person
 1011  shall be sentenced to a mandatory minimum term of imprisonment
 1012  of 3 years and shall be ordered to pay a fine of $50,000.
 1013         b. Is 14 grams or more, but less than 28 grams, such person
 1014  shall be sentenced to a mandatory minimum term of imprisonment
 1015  of 15 years and shall be ordered to pay a fine of $100,000.
 1016         c. Is 28 grams or more, but less than 30 kilograms, such
 1017  person shall be sentenced to a mandatory minimum term of
 1018  imprisonment of 25 years and shall be ordered to pay a fine of
 1019  $500,000.
 1020         2. A person who knowingly sells, purchases, manufactures,
 1021  delivers, or brings into this state, or who is knowingly in
 1022  actual or constructive possession of, 14 grams or more of
 1023  hydrocodone, or any salt, derivative, isomer, or salt of an
 1024  isomer thereof, or 14 grams or more of any mixture containing
 1025  any such substance, commits a felony of the first degree, which
 1026  felony shall be known as “trafficking in hydrocodone,”
 1027  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 1028  If the quantity involved:
 1029         a. Is 14 grams or more, but less than 28 grams, such person
 1030  shall be sentenced to a mandatory minimum term of imprisonment
 1031  of 3 years and shall be ordered to pay a fine of $50,000.
 1032         b. Is 28 grams or more, but less than 50 grams, such person
 1033  shall be sentenced to a mandatory minimum term of imprisonment
 1034  of 7 years and shall be ordered to pay a fine of $100,000.
 1035         c. Is 50 grams or more, but less than 200 grams, such
 1036  person shall be sentenced to a mandatory minimum term of
 1037  imprisonment of 15 years and shall be ordered to pay a fine of
 1038  $500,000.
 1039         d. Is 200 grams or more, but less than 30 kilograms, such
 1040  person shall be sentenced to a mandatory minimum term of
 1041  imprisonment of 25 years and shall be ordered to pay a fine of
 1042  $750,000.
 1043         3. A person who knowingly sells, purchases, manufactures,
 1044  delivers, or brings into this state, or who is knowingly in
 1045  actual or constructive possession of, 7 grams or more of
 1046  oxycodone, or any salt, derivative, isomer, or salt of an isomer
 1047  thereof, or 7 grams or more of any mixture containing any such
 1048  substance, commits a felony of the first degree, which felony
 1049  shall be known as “trafficking in oxycodone,” punishable as
 1050  provided in s. 775.082, s. 775.083, or s. 775.084. If the
 1051  quantity involved:
 1052         a. Is 7 grams or more, but less than 14 grams, such person
 1053  shall be sentenced to a mandatory minimum term of imprisonment
 1054  of 3 years and shall be ordered to pay a fine of $50,000.
 1055         b. Is 14 grams or more, but less than 25 grams, such person
 1056  shall be sentenced to a mandatory minimum term of imprisonment
 1057  of 7 years and shall be ordered to pay a fine of $100,000.
 1058         c. Is 25 grams or more, but less than 100 grams, such
 1059  person shall be sentenced to a mandatory minimum term of
 1060  imprisonment of 15 years and shall be ordered to pay a fine of
 1061  $500,000.
 1062         d. Is 100 grams or more, but less than 30 kilograms, such
 1063  person shall be sentenced to a mandatory minimum term of
 1064  imprisonment of 25 years and shall be ordered to pay a fine of
 1065  $750,000.
 1066         4. A person who knowingly sells, purchases, manufactures,
 1067  delivers, or brings into this state, or who is knowingly in
 1068  actual or constructive possession of, 30 kilograms or more of
 1069  any morphine, opium, oxycodone, hydrocodone, hydromorphone, or
 1070  any salt, derivative, isomer, or salt of an isomer thereof,
 1071  including heroin, as described in s. 893.03(1)(b), (2)(a),
 1072  (3)(c)3., or (3)(c)4., or 30 kilograms or more of any mixture
 1073  containing any such substance, commits the first degree felony
 1074  of trafficking in illegal drugs. A person who has been convicted
 1075  of the first degree felony of trafficking in illegal drugs under
 1076  this subparagraph shall be punished by life imprisonment and is
 1077  ineligible for any form of discretionary early release except
 1078  pardon or executive clemency or conditional medical release
 1079  under s. 947.149. However, if the court determines that, in
 1080  addition to committing any act specified in this paragraph:
 1081         a. The person intentionally killed an individual or
 1082  counseled, commanded, induced, procured, or caused the
 1083  intentional killing of an individual and such killing was the
 1084  result; or
 1085         b. The person’s conduct in committing that act led to a
 1086  natural, though not inevitable, lethal result,
 1087  
 1088  such person commits the capital felony of trafficking in illegal
 1089  drugs, punishable as provided in ss. 775.082 and 921.142. A
 1090  person sentenced for a capital felony under this paragraph shall
 1091  also be sentenced to pay the maximum fine provided under
 1092  subparagraph 1.
 1093         5. A person who knowingly brings into this state 60
 1094  kilograms or more of any morphine, opium, oxycodone,
 1095  hydrocodone, hydromorphone, or any salt, derivative, isomer, or
 1096  salt of an isomer thereof, including heroin, as described in s.
 1097  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 60 kilograms or
 1098  more of any mixture containing any such substance, and who knows
 1099  that the probable result of such importation would be the death
 1100  of a person, commits capital importation of illegal drugs, a
 1101  capital felony punishable as provided in ss. 775.082 and
 1102  921.142. A person sentenced for a capital felony under this
 1103  paragraph shall also be sentenced to pay the maximum fine
 1104  provided under subparagraph 1.
 1105         (d)1. Any person who knowingly sells, purchases,
 1106  manufactures, delivers, or brings into this state, or who is
 1107  knowingly in actual or constructive possession of, 28 grams or
 1108  more of phencyclidine or of any mixture containing
 1109  phencyclidine, as described in s. 893.03(2)(b), commits a felony
 1110  of the first degree, which felony shall be known as “trafficking
 1111  in phencyclidine,” punishable as provided in s. 775.082, s.
 1112  775.083, or s. 775.084. If the quantity involved:
 1113         a. Is 28 grams or more, but less than 200 grams, such
 1114  person shall be sentenced to a mandatory minimum term of
 1115  imprisonment of 3 years, and the defendant shall be ordered to
 1116  pay a fine of $50,000.
 1117         b. Is 200 grams or more, but less than 400 grams, such
 1118  person shall be sentenced to a mandatory minimum term of
 1119  imprisonment of 7 years, and the defendant shall be ordered to
 1120  pay a fine of $100,000.
 1121         c. Is 400 grams or more, such person shall be sentenced to
 1122  a mandatory minimum term of imprisonment of 15 calendar years
 1123  and pay a fine of $250,000.
 1124         2. Any person who knowingly brings into this state 800
 1125  grams or more of phencyclidine or of any mixture containing
 1126  phencyclidine, as described in s. 893.03(2)(b), and who knows
 1127  that the probable result of such importation would be the death
 1128  of any person commits capital importation of phencyclidine, a
 1129  capital felony punishable as provided in ss. 775.082 and
 1130  921.142. Any person sentenced for a capital felony under this
 1131  paragraph shall also be sentenced to pay the maximum fine
 1132  provided under subparagraph 1.
 1133         (e)1. Any person who knowingly sells, purchases,
 1134  manufactures, delivers, or brings into this state, or who is
 1135  knowingly in actual or constructive possession of, 200 grams or
 1136  more of methaqualone or of any mixture containing methaqualone,
 1137  as described in s. 893.03(1)(d), commits a felony of the first
 1138  degree, which felony shall be known as “trafficking in
 1139  methaqualone,” punishable as provided in s. 775.082, s. 775.083,
 1140  or s. 775.084. If the quantity involved:
 1141         a. Is 200 grams or more, but less than 5 kilograms, such
 1142  person shall be sentenced to a mandatory minimum term of
 1143  imprisonment of 3 years, and the defendant shall be ordered to
 1144  pay a fine of $50,000.
 1145         b. Is 5 kilograms or more, but less than 25 kilograms, such
 1146  person shall be sentenced to a mandatory minimum term of
 1147  imprisonment of 7 years, and the defendant shall be ordered to
 1148  pay a fine of $100,000.
 1149         c. Is 25 kilograms or more, such person shall be sentenced
 1150  to a mandatory minimum term of imprisonment of 15 calendar years
 1151  and pay a fine of $250,000.
 1152         2. Any person who knowingly brings into this state 50
 1153  kilograms or more of methaqualone or of any mixture containing
 1154  methaqualone, as described in s. 893.03(1)(d), and who knows
 1155  that the probable result of such importation would be the death
 1156  of any person commits capital importation of methaqualone, a
 1157  capital felony punishable as provided in ss. 775.082 and
 1158  921.142. Any person sentenced for a capital felony under this
 1159  paragraph shall also be sentenced to pay the maximum fine
 1160  provided under subparagraph 1.
 1161         (f)1. Any person who knowingly sells, purchases,
 1162  manufactures, delivers, or brings into this state, or who is
 1163  knowingly in actual or constructive possession of, 14 grams or
 1164  more of amphetamine, as described in s. 893.03(2)(c)2., or
 1165  methamphetamine, as described in s. 893.03(2)(c)4., or of any
 1166  mixture containing amphetamine or methamphetamine, or
 1167  phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine
 1168  in conjunction with other chemicals and equipment utilized in
 1169  the manufacture of amphetamine or methamphetamine, commits a
 1170  felony of the first degree, which felony shall be known as
 1171  “trafficking in amphetamine,” punishable as provided in s.
 1172  775.082, s. 775.083, or s. 775.084. If the quantity involved:
 1173         a. Is 14 grams or more, but less than 28 grams, such person
 1174  shall be sentenced to a mandatory minimum term of imprisonment
 1175  of 3 years, and the defendant shall be ordered to pay a fine of
 1176  $50,000.
 1177         b. Is 28 grams or more, but less than 200 grams, such
 1178  person shall be sentenced to a mandatory minimum term of
 1179  imprisonment of 7 years, and the defendant shall be ordered to
 1180  pay a fine of $100,000.
 1181         c. Is 200 grams or more, such person shall be sentenced to
 1182  a mandatory minimum term of imprisonment of 15 calendar years
 1183  and pay a fine of $250,000.
 1184         2. Any person who knowingly manufactures or brings into
 1185  this state 400 grams or more of amphetamine, as described in s.
 1186  893.03(2)(c)2., or methamphetamine, as described in s.
 1187  893.03(2)(c)4., or of any mixture containing amphetamine or
 1188  methamphetamine, or phenylacetone, phenylacetic acid,
 1189  pseudoephedrine, or ephedrine in conjunction with other
 1190  chemicals and equipment used in the manufacture of amphetamine
 1191  or methamphetamine, and who knows that the probable result of
 1192  such manufacture or importation would be the death of any person
 1193  commits capital manufacture or importation of amphetamine, a
 1194  capital felony punishable as provided in ss. 775.082 and
 1195  921.142. Any person sentenced for a capital felony under this
 1196  paragraph shall also be sentenced to pay the maximum fine
 1197  provided under subparagraph 1.
 1198         (g)1. Any person who knowingly sells, purchases,
 1199  manufactures, delivers, or brings into this state, or who is
 1200  knowingly in actual or constructive possession of, 4 grams or
 1201  more of flunitrazepam or any mixture containing flunitrazepam as
 1202  described in s. 893.03(1)(a) commits a felony of the first
 1203  degree, which felony shall be known as “trafficking in
 1204  flunitrazepam,” punishable as provided in s. 775.082, s.
 1205  775.083, or s. 775.084. If the quantity involved:
 1206         a. Is 4 grams or more but less than 14 grams, such person
 1207  shall be sentenced to a mandatory minimum term of imprisonment
 1208  of 3 years, and the defendant shall be ordered to pay a fine of
 1209  $50,000.
 1210         b. Is 14 grams or more but less than 28 grams, such person
 1211  shall be sentenced to a mandatory minimum term of imprisonment
 1212  of 7 years, and the defendant shall be ordered to pay a fine of
 1213  $100,000.
 1214         c. Is 28 grams or more but less than 30 kilograms, such
 1215  person shall be sentenced to a mandatory minimum term of
 1216  imprisonment of 25 calendar years and pay a fine of $500,000.
 1217         2. Any person who knowingly sells, purchases, manufactures,
 1218  delivers, or brings into this state or who is knowingly in
 1219  actual or constructive possession of 30 kilograms or more of
 1220  flunitrazepam or any mixture containing flunitrazepam as
 1221  described in s. 893.03(1)(a) commits the first degree felony of
 1222  trafficking in flunitrazepam. A person who has been convicted of
 1223  the first degree felony of trafficking in flunitrazepam under
 1224  this subparagraph shall be punished by life imprisonment and is
 1225  ineligible for any form of discretionary early release except
 1226  pardon or executive clemency or conditional medical release
 1227  under s. 947.149. However, if the court determines that, in
 1228  addition to committing any act specified in this paragraph:
 1229         a. The person intentionally killed an individual or
 1230  counseled, commanded, induced, procured, or caused the
 1231  intentional killing of an individual and such killing was the
 1232  result; or
 1233         b. The person’s conduct in committing that act led to a
 1234  natural, though not inevitable, lethal result,
 1235  
 1236  such person commits the capital felony of trafficking in
 1237  flunitrazepam, punishable as provided in ss. 775.082 and
 1238  921.142. Any person sentenced for a capital felony under this
 1239  paragraph shall also be sentenced to pay the maximum fine
 1240  provided under subparagraph 1.
 1241         (h)1. Any person who knowingly sells, purchases,
 1242  manufactures, delivers, or brings into this state, or who is
 1243  knowingly in actual or constructive possession of, 1 kilogram or
 1244  more of gamma-hydroxybutyric acid (GHB), as described in s.
 1245  893.03(1)(d), or any mixture containing gamma-hydroxybutyric
 1246  acid (GHB), commits a felony of the first degree, which felony
 1247  shall be known as “trafficking in gamma-hydroxybutyric acid
 1248  (GHB),” punishable as provided in s. 775.082, s. 775.083, or s.
 1249  775.084. If the quantity involved:
 1250         a. Is 1 kilogram or more but less than 5 kilograms, such
 1251  person shall be sentenced to a mandatory minimum term of
 1252  imprisonment of 3 years, and the defendant shall be ordered to
 1253  pay a fine of $50,000.
 1254         b. Is 5 kilograms or more but less than 10 kilograms, such
 1255  person shall be sentenced to a mandatory minimum term of
 1256  imprisonment of 7 years, and the defendant shall be ordered to
 1257  pay a fine of $100,000.
 1258         c. Is 10 kilograms or more, such person shall be sentenced
 1259  to a mandatory minimum term of imprisonment of 15 calendar years
 1260  and pay a fine of $250,000.
 1261         2. Any person who knowingly manufactures or brings into
 1262  this state 150 kilograms or more of gamma-hydroxybutyric acid
 1263  (GHB), as described in s. 893.03(1)(d), or any mixture
 1264  containing gamma-hydroxybutyric acid (GHB), and who knows that
 1265  the probable result of such manufacture or importation would be
 1266  the death of any person commits capital manufacture or
 1267  importation of gamma-hydroxybutyric acid (GHB), a capital felony
 1268  punishable as provided in ss. 775.082 and 921.142. Any person
 1269  sentenced for a capital felony under this paragraph shall also
 1270  be sentenced to pay the maximum fine provided under subparagraph
 1271  1.
 1272         (i)1. Any person who knowingly sells, purchases,
 1273  manufactures, delivers, or brings into this state, or who is
 1274  knowingly in actual or constructive possession of, 1 kilogram or
 1275  more of gamma-butyrolactone (GBL), as described in s.
 1276  893.03(1)(d), or any mixture containing gamma-butyrolactone
 1277  (GBL), commits a felony of the first degree, which felony shall
 1278  be known as “trafficking in gamma-butyrolactone (GBL),”
 1279  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 1280  If the quantity involved:
 1281         a. Is 1 kilogram or more but less than 5 kilograms, such
 1282  person shall be sentenced to a mandatory minimum term of
 1283  imprisonment of 3 years, and the defendant shall be ordered to
 1284  pay a fine of $50,000.
 1285         b. Is 5 kilograms or more but less than 10 kilograms, such
 1286  person shall be sentenced to a mandatory minimum term of
 1287  imprisonment of 7 years, and the defendant shall be ordered to
 1288  pay a fine of $100,000.
 1289         c. Is 10 kilograms or more, such person shall be sentenced
 1290  to a mandatory minimum term of imprisonment of 15 calendar years
 1291  and pay a fine of $250,000.
 1292         2. Any person who knowingly manufactures or brings into the
 1293  state 150 kilograms or more of gamma-butyrolactone (GBL), as
 1294  described in s. 893.03(1)(d), or any mixture containing gamma
 1295  butyrolactone (GBL), and who knows that the probable result of
 1296  such manufacture or importation would be the death of any person
 1297  commits capital manufacture or importation of gamma
 1298  butyrolactone (GBL), a capital felony punishable as provided in
 1299  ss. 775.082 and 921.142. Any person sentenced for a capital
 1300  felony under this paragraph shall also be sentenced to pay the
 1301  maximum fine provided under subparagraph 1.
 1302         (j)1. Any person who knowingly sells, purchases,
 1303  manufactures, delivers, or brings into this state, or who is
 1304  knowingly in actual or constructive possession of, 1 kilogram or
 1305  more of 1,4-Butanediol as described in s. 893.03(1)(d), or of
 1306  any mixture containing 1,4-Butanediol, commits a felony of the
 1307  first degree, which felony shall be known as “trafficking in
 1308  1,4-Butanediol,” punishable as provided in s. 775.082, s.
 1309  775.083, or s. 775.084. If the quantity involved:
 1310         a. Is 1 kilogram or more, but less than 5 kilograms, such
 1311  person shall be sentenced to a mandatory minimum term of
 1312  imprisonment of 3 years, and the defendant shall be ordered to
 1313  pay a fine of $50,000.
 1314         b. Is 5 kilograms or more, but less than 10 kilograms, such
 1315  person shall be sentenced to a mandatory minimum term of
 1316  imprisonment of 7 years, and the defendant shall be ordered to
 1317  pay a fine of $100,000.
 1318         c. Is 10 kilograms or more, such person shall be sentenced
 1319  to a mandatory minimum term of imprisonment of 15 calendar years
 1320  and pay a fine of $500,000.
 1321         2. Any person who knowingly manufactures or brings into
 1322  this state 150 kilograms or more of 1,4-Butanediol as described
 1323  in s. 893.03(1)(d), or any mixture containing 1,4-Butanediol,
 1324  and who knows that the probable result of such manufacture or
 1325  importation would be the death of any person commits capital
 1326  manufacture or importation of 1,4-Butanediol, a capital felony
 1327  punishable as provided in ss. 775.082 and 921.142. Any person
 1328  sentenced for a capital felony under this paragraph shall also
 1329  be sentenced to pay the maximum fine provided under subparagraph
 1330  1.
 1331         (k)1. A person who knowingly sells, purchases,
 1332  manufactures, delivers, or brings into this state, or who is
 1333  knowingly in actual or constructive possession of, 10 grams or
 1334  more of any of the following substances described in s.
 1335  893.03(1)(c):
 1336         a. 3,4-Methylenedioxymethamphetamine (MDMA);
 1337         b. 4-Bromo-2,5-dimethoxyamphetamine;
 1338         c. 4-Bromo-2,5-dimethoxyphenethylamine;
 1339         d. 2,5-Dimethoxyamphetamine;
 1340         e. 2,5-Dimethoxy-4-ethylamphetamine (DOET);
 1341         f. N-ethylamphetamine;
 1342         g. N-Hydroxy-3,4-methylenedioxyamphetamine;
 1343         h. 5-Methoxy-3,4-methylenedioxyamphetamine;
 1344         i. 4-methoxyamphetamine;
 1345         j. 4-methoxymethamphetamine;
 1346         k. 4-Methyl-2,5-dimethoxyamphetamine;
 1347         l. 3,4-Methylenedioxy-N-ethylamphetamine;
 1348         m. 3,4-Methylenedioxyamphetamine;
 1349         n. N,N-dimethylamphetamine;
 1350         o. 3,4,5-Trimethoxyamphetamine;
 1351         p. 3,4-Methylenedioxymethcathinone;
 1352         q. 3,4-Methylenedioxypyrovalerone (MDPV); or
 1353         r. Methylmethcathinone,
 1354  
 1355  individually or analogs thereto or isomers thereto or in any
 1356  combination of or any mixture containing any substance listed in
 1357  sub-subparagraphs a.-r., commits a felony of the first degree,
 1358  which felony shall be known as “trafficking in Phenethylamines,”
 1359  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 1360         2. If the quantity involved:
 1361         a. Is 10 grams or more, but less than 200 grams, such
 1362  person shall be sentenced to a mandatory minimum term of
 1363  imprisonment of 3 years and shall be ordered to pay a fine of
 1364  $50,000.
 1365         b. Is 200 grams or more, but less than 400 grams, such
 1366  person shall be sentenced to a mandatory minimum term of
 1367  imprisonment of 7 years and shall be ordered to pay a fine of
 1368  $100,000.
 1369         c. Is 400 grams or more, such person shall be sentenced to
 1370  a mandatory minimum term of imprisonment of 15 years and shall
 1371  be ordered to pay a fine of $250,000.
 1372         3. A person who knowingly manufactures or brings into this
 1373  state 30 kilograms or more of any of the following substances
 1374  described in s. 893.03(1)(c):
 1375         a. 3,4-Methylenedioxymethamphetamine (MDMA);
 1376         b. 4-Bromo-2,5-dimethoxyamphetamine;
 1377         c. 4-Bromo-2,5-dimethoxyphenethylamine;
 1378         d. 2,5-Dimethoxyamphetamine;
 1379         e. 2,5-Dimethoxy-4-ethylamphetamine (DOET);
 1380         f. N-ethylamphetamine;
 1381         g. N-Hydroxy-3,4-methylenedioxyamphetamine;
 1382         h. 5-Methoxy-3,4-methylenedioxyamphetamine;
 1383         i. 4-methoxyamphetamine;
 1384         j. 4-methoxymethamphetamine;
 1385         k. 4-Methyl-2,5-dimethoxyamphetamine;
 1386         l. 3,4-Methylenedioxy-N-ethylamphetamine;
 1387         m. 3,4-Methylenedioxyamphetamine;
 1388         n. N,N-dimethylamphetamine;
 1389         o. 3,4,5-Trimethoxyamphetamine;
 1390         p. 3,4-Methylenedioxymethcathinone;
 1391         q. 3,4-Methylenedioxypyrovalerone (MDPV); or
 1392         r. Methylmethcathinone,
 1393  
 1394  individually or analogs thereto or isomers thereto or in any
 1395  combination of or any mixture containing any substance listed in
 1396  sub-subparagraphs a.-r., and who knows that the probable result
 1397  of such manufacture or importation would be the death of any
 1398  person commits capital manufacture or importation of
 1399  Phenethylamines, a capital felony punishable as provided in ss.
 1400  775.082 and 921.142. A person sentenced for a capital felony
 1401  under this paragraph shall also be sentenced to pay the maximum
 1402  fine provided under subparagraph 1.
 1403         (l)1. Any person who knowingly sells, purchases,
 1404  manufactures, delivers, or brings into this state, or who is
 1405  knowingly in actual or constructive possession of, 1 gram or
 1406  more of lysergic acid diethylamide (LSD) as described in s.
 1407  893.03(1)(c), or of any mixture containing lysergic acid
 1408  diethylamide (LSD), commits a felony of the first degree, which
 1409  felony shall be known as “trafficking in lysergic acid
 1410  diethylamide (LSD),” punishable as provided in s. 775.082, s.
 1411  775.083, or s. 775.084. If the quantity involved:
 1412         a. Is 1 gram or more, but less than 5 grams, such person
 1413  shall be sentenced to a mandatory minimum term of imprisonment
 1414  of 3 years, and the defendant shall be ordered to pay a fine of
 1415  $50,000.
 1416         b. Is 5 grams or more, but less than 7 grams, such person
 1417  shall be sentenced to a mandatory minimum term of imprisonment
 1418  of 7 years, and the defendant shall be ordered to pay a fine of
 1419  $100,000.
 1420         c. Is 7 grams or more, such person shall be sentenced to a
 1421  mandatory minimum term of imprisonment of 15 calendar years and
 1422  pay a fine of $500,000.
 1423         2. Any person who knowingly manufactures or brings into
 1424  this state 7 grams or more of lysergic acid diethylamide (LSD)
 1425  as described in s. 893.03(1)(c), or any mixture containing
 1426  lysergic acid diethylamide (LSD), and who knows that the
 1427  probable result of such manufacture or importation would be the
 1428  death of any person commits capital manufacture or importation
 1429  of lysergic acid diethylamide (LSD), a capital felony punishable
 1430  as provided in ss. 775.082 and 921.142. Any person sentenced for
 1431  a capital felony under this paragraph shall also be sentenced to
 1432  pay the maximum fine provided under subparagraph 1.
 1433         Section 13. Except as otherwise expressly provided in this
 1434  act, this act shall take effect July 1, 2016.