Florida Senate - 2015                                    SB 1322
       
       
        
       By Senator Bullard
       
       
       
       
       
       39-01294-15                                           20151322__
    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         775.021, 782.04, 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; amending ss. 316.3026,
   62         373.409, 373.430, 376.302, 394.912, 403.161, 448.09,
   63         504.013, 648.571, 775.261, 782.065, 787.06, 794.0115,
   64         800.04, 907.041, 921.1401, 921.1402, 944.17, 944.275,
   65         944.608, 944.609, 944.705, and 948.012, F.S.;
   66         conforming cross-references; providing an effective
   67         date.
   68          
   69  Be It Enacted by the Legislature of the State of Florida:
   70  
   71         Section 1. Subsections (3) through (11) of section 775.082,
   72  Florida Statutes, are redesignated as subsections (2) through
   73  (10), respectively, and paragraph (a) of subsection (1) and
   74  subsection (2) of that section are amended, to read:
   75         775.082 Penalties; applicability of sentencing structures;
   76  mandatory minimum sentences for certain reoffenders previously
   77  released from prison.—
   78         (1)(a) Except as provided in paragraph (b), A person who
   79  has been convicted of a capital felony shall be punished by
   80  death if the proceeding held to determine sentence according to
   81  the procedure set forth in s. 921.141 results in findings by the
   82  court that such person shall be punished by death, otherwise
   83  such person shall be punished by life imprisonment and shall be
   84  ineligible for parole.
   85         (2) In the event the death penalty in a capital felony is
   86  held to be unconstitutional by the Florida Supreme Court or the
   87  United States Supreme Court, the court having jurisdiction over
   88  a person previously sentenced to death for a capital felony
   89  shall cause such person to be brought before the court, and the
   90  court shall sentence such person to life imprisonment as
   91  provided in subsection (1). No sentence of death shall be
   92  reduced as a result of a determination that a method of
   93  execution is held to be unconstitutional under the State
   94  Constitution or the Constitution of the United States.
   95         Section 2. Paragraphs (d), (e), and (f) of subsection (1)
   96  of section 27.51, Florida Statutes, are amended to read:
   97         27.51 Duties of public defender.—
   98         (1) The public defender shall represent, without additional
   99  compensation, any person determined to be indigent under s.
  100  27.52 and:
  101         (d) Sought by petition filed in such court to be
  102  involuntarily placed as a mentally ill person under part I of
  103  chapter 394, involuntarily committed as a sexually violent
  104  predator under part V of chapter 394, or involuntarily admitted
  105  to residential services as a person with developmental
  106  disabilities under chapter 393. A public defender shall not
  107  represent any plaintiff in a civil action brought under the
  108  Florida Rules of Civil Procedure, the Federal Rules of Civil
  109  Procedure, or the federal statutes, or represent a petitioner in
  110  a rule challenge under chapter 120, unless specifically
  111  authorized by statute; or
  112         (e) Convicted and sentenced to death, for purposes of
  113  handling an appeal to the Supreme Court; or
  114         (e)(f) Is appealing a matter in a case arising under
  115  paragraphs (a)-(d).
  116         Section 3. Paragraphs (e), (f), and (g) of subsection (5)
  117  and subsection (8) of section 27.511, Florida Statutes, are
  118  amended to read:
  119         27.511 Offices of criminal conflict and civil regional
  120  counsel; legislative intent; qualifications; appointment;
  121  duties.—
  122         (5) When the Office of the Public Defender, at any time
  123  during the representation of two or more defendants, determines
  124  that the interests of those accused are so adverse or hostile
  125  that they cannot all be counseled by the public defender or his
  126  or her staff without a conflict of interest, or that none can be
  127  counseled by the public defender or his or her staff because of
  128  a conflict of interest, and the court grants the public
  129  defender’s motion to withdraw, the office of criminal conflict
  130  and civil regional counsel shall be appointed and shall provide
  131  legal services, without additional compensation, to any person
  132  determined to be indigent under s. 27.52, who is:
  133         (e) Convicted and sentenced to death, for purposes of
  134  handling an appeal to the Supreme Court;
  135         (e)(f) Appealing a matter in a case arising under
  136  paragraphs (a)-(d); or
  137         (f)(g) Seeking correction, reduction, or modification of a
  138  sentence under Rule 3.800, Florida Rules of Criminal Procedure,
  139  or seeking postconviction relief under Rule 3.850, Florida Rules
  140  of Criminal Procedure, if, in either case, the court determines
  141  that appointment of counsel is necessary to protect a person’s
  142  due process rights.
  143         (8) The public defender for the judicial circuit specified
  144  in s. 27.51(4) shall, after the record on appeal is transmitted
  145  to the appellate court by the office of criminal conflict and
  146  civil regional counsel which handled the trial and if requested
  147  by the regional counsel for the indicated appellate district,
  148  handle all circuit court appeals authorized pursuant to
  149  paragraph (5)(e) (5)(f) within the state courts system and any
  150  authorized appeals to the federal courts required of the
  151  official making the request. If the public defender certifies to
  152  the court that the public defender has a conflict consistent
  153  with the criteria prescribed in s. 27.5303 and moves to
  154  withdraw, the regional counsel shall handle the appeal, unless
  155  the regional counsel has a conflict, in which case the court
  156  shall appoint private counsel pursuant to s. 27.40.
  157         Section 4. Sections 27.7001, 27.7002, 27.701, 27.702,
  158  27.703, 27.704, 27.7045, 27.705, 27.706, 27.707, 27.708,
  159  27.7081, 27.7091, 27.710, 27.711, and 27.715, Florida Statutes,
  160  are repealed.
  161         Section 5. Paragraph (d) of subsection (1) of section
  162  119.071, Florida Statutes, is amended to read:
  163         119.071 General exemptions from inspection or copying of
  164  public records.—
  165         (1) AGENCY ADMINISTRATION.—
  166         (d)1. A public record that was prepared by an agency
  167  attorney (including an attorney employed or retained by the
  168  agency or employed or retained by another public officer or
  169  agency to protect or represent the interests of the agency
  170  having custody of the record) or prepared at the attorney’s
  171  express direction, that reflects a mental impression,
  172  conclusion, litigation strategy, or legal theory of the attorney
  173  or the agency, and that was prepared exclusively for civil or
  174  criminal litigation or for adversarial administrative
  175  proceedings, or that was prepared in anticipation of imminent
  176  civil or criminal litigation or imminent adversarial
  177  administrative proceedings, is exempt from s. 119.07(1) and s.
  178  24(a), Art. I of the State Constitution until the conclusion of
  179  the litigation or adversarial administrative proceedings. For
  180  purposes of capital collateral litigation as set forth in s.
  181  27.7001, the Attorney General’s office is entitled to claim this
  182  exemption for those public records prepared for direct appeal as
  183  well as for all capital collateral litigation after direct
  184  appeal until execution of sentence or imposition of a life
  185  sentence.
  186         2. This exemption is not waived by the release of such
  187  public record to another public employee or officer of the same
  188  agency or any person consulted by the agency attorney. When
  189  asserting the right to withhold a public record pursuant to this
  190  paragraph, the agency shall identify the potential parties to
  191  any such criminal or civil litigation or adversarial
  192  administrative proceedings. If a court finds that the document
  193  or other record has been improperly withheld under this
  194  paragraph, the party seeking access to such document or record
  195  shall be awarded reasonable attorney’s fees and costs in
  196  addition to any other remedy ordered by the court.
  197         Section 6. Paragraph (c) of subsection (4) of section
  198  282.201, Florida Statutes, is amended to read:
  199         282.201 State data center.—The state data center is
  200  established within the Agency for State Technology and shall
  201  provide data center services that are hosted on premises or
  202  externally through a third-party provider as an enterprise
  203  information technology service. The provision of services must
  204  comply with applicable state and federal laws, regulations, and
  205  policies, including all applicable security, privacy, and
  206  auditing requirements.
  207         (4) SCHEDULE FOR CONSOLIDATIONS OF AGENCY DATA CENTERS.—
  208         (c) The following are exempt from state data center
  209  consolidation under this section: the Department of Law
  210  Enforcement, the Department of the Lottery’s Gaming System,
  211  Systems Design and Development in the Office of Policy and
  212  Budget, the regional traffic management centers as described in
  213  s. 335.14(2) and the Office of Toll Operations of the Department
  214  of Transportation, the State Board of Administration, state
  215  attorneys, public defenders, criminal conflict and civil
  216  regional counsel, capital collateral regional counsel, and the
  217  Florida Housing Finance Corporation.
  218         Section 7. Subsection (1) of section 775.15, Florida
  219  Statutes, is amended to read:
  220         775.15 Time limitations; general time limitations;
  221  exceptions.—
  222         (1) A prosecution for a capital felony, a life felony, or a
  223  felony that resulted in a death may be commenced at any time. If
  224  the death penalty is held to be unconstitutional by the Florida
  225  Supreme Court or the United States Supreme Court, all crimes
  226  designated as capital felonies shall be considered life felonies
  227  for the purposes of this section, and prosecution for such
  228  crimes may be commenced at any time.
  229         Section 8. Subsection (4) of section 790.161, Florida
  230  Statutes, is amended to read:
  231         790.161 Making, possessing, throwing, projecting, placing,
  232  or discharging any destructive device or attempt so to do,
  233  felony; penalties.—A person who willfully and unlawfully makes,
  234  possesses, throws, projects, places, discharges, or attempts to
  235  make, possess, throw, project, place, or discharge any
  236  destructive device:
  237         (4) If the act results in the death of another person,
  238  commits a capital felony, punishable as provided in s. 775.082.
  239  In the event the death penalty in a capital felony is held to be
  240  unconstitutional by the Florida Supreme Court or the United
  241  States Supreme Court, the court having jurisdiction over a
  242  person previously sentenced to death for a capital felony shall
  243  cause such person to be brought before the court, and the court
  244  shall sentence such person to life imprisonment if convicted of
  245  murder in the first degree or of a capital felony under this
  246  subsection, and such person shall be ineligible for parole. No
  247  sentence of death shall be reduced as a result of a
  248  determination that a method of execution is held to be
  249  unconstitutional under the State Constitution or the
  250  Constitution of the United States.
  251         Section 9. Sections 913.13, 921.137, 921.141, and 921.142,
  252  Florida Statutes, are repealed.
  253         Section 10. Paragraphs (d) and (e) of subsection (5) of
  254  section 775.021, Florida Statutes, are redesignated as
  255  paragraphs (c) and (d), respectively, and present paragraph (c)
  256  of subsection (5) of that section is amended, to read:
  257         775.021 Rules of construction.—
  258         (5) Whoever commits an act that violates a provision of
  259  this code or commits a criminal offense defined by another
  260  statute and thereby causes the death of, or bodily injury to, an
  261  unborn child commits a separate offense if the provision or
  262  statute does not otherwise specifically provide a separate
  263  offense for such death or injury to an unborn child.
  264         (c) Notwithstanding any other provision of law, the death
  265  penalty may not be imposed for an offense under this subsection.
  266         Section 11. Subsection (1) of section 782.04, Florida
  267  Statutes, is amended to read:
  268         782.04 Murder.—
  269         (1)(a) The unlawful killing of a human being:
  270         (a)1. When perpetrated from a premeditated design to effect
  271  the death of the person killed or any human being;
  272         (b)2. When committed by a person engaged in the
  273  perpetration of, or in the attempt to perpetrate, any:
  274         1.a. Trafficking offense prohibited by s. 893.135(1),
  275         2.b. Arson,
  276         3.c. Sexual battery,
  277         4.d. Robbery,
  278         5.e. Burglary,
  279         6.f. Kidnapping,
  280         7.g. Escape,
  281         8.h. Aggravated child abuse,
  282         9.i. Aggravated abuse of an elderly person or disabled
  283  adult,
  284         10.j. Aircraft piracy,
  285         11.k. Unlawful throwing, placing, or discharging of a
  286  destructive device or bomb,
  287         12.l. Carjacking,
  288         13.m. Home-invasion robbery,
  289         14.n. Aggravated stalking,
  290         15.o. Murder of another human being,
  291         16.p. Resisting an officer with violence to his or her
  292  person,
  293         17.q. Aggravated fleeing or eluding with serious bodily
  294  injury or death,
  295         18.r. Felony that is an act of terrorism or is in
  296  furtherance of an act of terrorism; or
  297         (c)3. Which resulted from the unlawful distribution of any
  298  substance controlled under s. 893.03(1), cocaine as described in
  299  s. 893.03(2)(a)4., opium or any synthetic or natural salt,
  300  compound, derivative, or preparation of opium, or methadone by a
  301  person 18 years of age or older, when such drug is proven to be
  302  the proximate cause of the death of the user,
  303  
  304  is murder in the first degree and constitutes a capital felony,
  305  punishable as provided in s. 775.082.
  306         (b) In all cases under this section, the procedure set
  307  forth in s. 921.141 shall be followed in order to determine
  308  sentence of death or life imprisonment.
  309         Section 12. Paragraph (a) of subsection (2) of section
  310  794.011, Florida Statutes, is amended to read:
  311         794.011 Sexual battery.—
  312         (2)(a) A person 18 years of age or older who commits sexual
  313  battery upon, or in an attempt to commit sexual battery injures
  314  the sexual organs of, a person less than 12 years of age commits
  315  a capital felony, punishable as provided in s. 775.082 ss.
  316  775.082 and 921.141.
  317         Section 13. Paragraphs (b) through (l) of subsection (1) of
  318  section 893.135, Florida Statutes, are amended to read:
  319         893.135 Trafficking; mandatory sentences; suspension or
  320  reduction of sentences; conspiracy to engage in trafficking.—
  321         (1) Except as authorized in this chapter or in chapter 499
  322  and notwithstanding the provisions of s. 893.13:
  323         (b)1. Any person who knowingly sells, purchases,
  324  manufactures, delivers, or brings into this state, or who is
  325  knowingly in actual or constructive possession of, 28 grams or
  326  more of cocaine, as described in s. 893.03(2)(a)4., or of any
  327  mixture containing cocaine, but less than 150 kilograms of
  328  cocaine or any such mixture, commits a felony of the first
  329  degree, which felony shall be known as “trafficking in cocaine,”
  330  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  331  If the quantity involved:
  332         a. Is 28 grams or more, but less than 200 grams, such
  333  person shall be sentenced to a mandatory minimum term of
  334  imprisonment of 3 years, and the defendant shall be ordered to
  335  pay a fine of $50,000.
  336         b. Is 200 grams or more, but less than 400 grams, such
  337  person shall be sentenced to a mandatory minimum term of
  338  imprisonment of 7 years, and the defendant shall be ordered to
  339  pay a fine of $100,000.
  340         c. Is 400 grams or more, but less than 150 kilograms, such
  341  person shall be sentenced to a mandatory minimum term of
  342  imprisonment of 15 calendar years and pay a fine of $250,000.
  343         2. Any person who knowingly sells, purchases, manufactures,
  344  delivers, or brings into this state, or who is knowingly in
  345  actual or constructive possession of, 150 kilograms or more of
  346  cocaine, as described in s. 893.03(2)(a)4., commits the first
  347  degree felony of trafficking in cocaine. A person who has been
  348  convicted of the first degree felony of trafficking in cocaine
  349  under this subparagraph shall be punished by life imprisonment
  350  and is ineligible for any form of discretionary early release
  351  except pardon or executive clemency or conditional medical
  352  release under s. 947.149. However, if the court determines that,
  353  in addition to committing any act specified in this paragraph:
  354         a. The person intentionally killed an individual or
  355  counseled, commanded, induced, procured, or caused the
  356  intentional killing of an individual and such killing was the
  357  result; or
  358         b. The person’s conduct in committing that act led to a
  359  natural, though not inevitable, lethal result,
  360  
  361  such person commits the capital felony of trafficking in
  362  cocaine, punishable as provided in s. 775.082 ss. 775.082 and
  363  921.142. Any person sentenced for a capital felony under this
  364  paragraph shall also be sentenced to pay the maximum fine
  365  provided under subparagraph 1.
  366         3. Any person who knowingly brings into this state 300
  367  kilograms or more of cocaine, as described in s. 893.03(2)(a)4.,
  368  and who knows that the probable result of such importation would
  369  be the death of any person, commits capital importation of
  370  cocaine, a capital felony punishable as provided in s. 775.082
  371  ss. 775.082 and 921.142. Any person sentenced for a capital
  372  felony under this paragraph shall also be sentenced to pay the
  373  maximum fine provided under subparagraph 1.
  374         (c)1. A person who knowingly sells, purchases,
  375  manufactures, delivers, or brings into this state, or who is
  376  knowingly in actual or constructive possession of, 4 grams or
  377  more of any morphine, opium, hydromorphone, or any salt,
  378  derivative, isomer, or salt of an isomer thereof, including
  379  heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or
  380  (3)(c)4., or 4 grams or more of any mixture containing any such
  381  substance, but less than 30 kilograms of such substance or
  382  mixture, commits a felony of the first degree, which felony
  383  shall be known as “trafficking in illegal drugs,” punishable as
  384  provided in s. 775.082, s. 775.083, or s. 775.084. If the
  385  quantity involved:
  386         a. Is 4 grams or more, but less than 14 grams, such person
  387  shall be sentenced to a mandatory minimum term of imprisonment
  388  of 3 years and shall be ordered to pay a fine of $50,000.
  389         b. Is 14 grams or more, but less than 28 grams, such person
  390  shall be sentenced to a mandatory minimum term of imprisonment
  391  of 15 years and shall be ordered to pay a fine of $100,000.
  392         c. Is 28 grams or more, but less than 30 kilograms, such
  393  person shall be sentenced to a mandatory minimum term of
  394  imprisonment of 25 years and shall be ordered to pay a fine of
  395  $500,000.
  396         2. A person who knowingly sells, purchases, manufactures,
  397  delivers, or brings into this state, or who is knowingly in
  398  actual or constructive possession of, 14 grams or more of
  399  hydrocodone, or any salt, derivative, isomer, or salt of an
  400  isomer thereof, or 14 grams or more of any mixture containing
  401  any such substance, commits a felony of the first degree, which
  402  felony shall be known as “trafficking in hydrocodone,”
  403  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  404  If the quantity involved:
  405         a. Is 14 grams or more, but less than 28 grams, such person
  406  shall be sentenced to a mandatory minimum term of imprisonment
  407  of 3 years and shall be ordered to pay a fine of $50,000.
  408         b. Is 28 grams or more, but less than 50 grams, such person
  409  shall be sentenced to a mandatory minimum term of imprisonment
  410  of 7 years and shall be ordered to pay a fine of $100,000.
  411         c. Is 50 grams or more, but less than 200 grams, such
  412  person shall be sentenced to a mandatory minimum term of
  413  imprisonment of 15 years and shall be ordered to pay a fine of
  414  $500,000.
  415         d. Is 200 grams or more, but less than 30 kilograms, such
  416  person shall be sentenced to a mandatory minimum term of
  417  imprisonment of 25 years and shall be ordered to pay a fine of
  418  $750,000.
  419         3. A person who knowingly sells, purchases, manufactures,
  420  delivers, or brings into this state, or who is knowingly in
  421  actual or constructive possession of, 7 grams or more of
  422  oxycodone, or any salt, derivative, isomer, or salt of an isomer
  423  thereof, or 7 grams or more of any mixture containing any such
  424  substance, commits a felony of the first degree, which felony
  425  shall be known as “trafficking in oxycodone,” punishable as
  426  provided in s. 775.082, s. 775.083, or s. 775.084. If the
  427  quantity involved:
  428         a. Is 7 grams or more, but less than 14 grams, such person
  429  shall be sentenced to a mandatory minimum term of imprisonment
  430  of 3 years and shall be ordered to pay a fine of $50,000.
  431         b. Is 14 grams or more, but less than 25 grams, such person
  432  shall be sentenced to a mandatory minimum term of imprisonment
  433  of 7 years and shall be ordered to pay a fine of $100,000.
  434         c. Is 25 grams or more, but less than 100 grams, such
  435  person shall be sentenced to a mandatory minimum term of
  436  imprisonment of 15 years and shall be ordered to pay a fine of
  437  $500,000.
  438         d. Is 100 grams or more, but less than 30 kilograms, such
  439  person shall be sentenced to a mandatory minimum term of
  440  imprisonment of 25 years and shall be ordered to pay a fine of
  441  $750,000.
  442         4. A person who knowingly sells, purchases, manufactures,
  443  delivers, or brings into this state, or who is knowingly in
  444  actual or constructive possession of, 30 kilograms or more of
  445  any morphine, opium, oxycodone, hydrocodone, hydromorphone, or
  446  any salt, derivative, isomer, or salt of an isomer thereof,
  447  including heroin, as described in s. 893.03(1)(b), (2)(a),
  448  (3)(c)3., or (3)(c)4., or 30 kilograms or more of any mixture
  449  containing any such substance, commits the first degree felony
  450  of trafficking in illegal drugs. A person who has been convicted
  451  of the first degree felony of trafficking in illegal drugs under
  452  this subparagraph shall be punished by life imprisonment and is
  453  ineligible for any form of discretionary early release except
  454  pardon or executive clemency or conditional medical release
  455  under s. 947.149. However, if the court determines that, in
  456  addition to committing any act specified in this paragraph:
  457         a. The person intentionally killed an individual or
  458  counseled, commanded, induced, procured, or caused the
  459  intentional killing of an individual and such killing was the
  460  result; or
  461         b. The person’s conduct in committing that act led to a
  462  natural, though not inevitable, lethal result,
  463  
  464  such person commits the capital felony of trafficking in illegal
  465  drugs, punishable as provided in s. 775.082 ss. 775.082 and
  466  921.142. A person sentenced for a capital felony under this
  467  paragraph shall also be sentenced to pay the maximum fine
  468  provided under subparagraph 1.
  469         5. A person who knowingly brings into this state 60
  470  kilograms or more of any morphine, opium, oxycodone,
  471  hydrocodone, hydromorphone, or any salt, derivative, isomer, or
  472  salt of an isomer thereof, including heroin, as described in s.
  473  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 60 kilograms or
  474  more of any mixture containing any such substance, and who knows
  475  that the probable result of such importation would be the death
  476  of a person, commits capital importation of illegal drugs, a
  477  capital felony punishable as provided in s. 775.082 ss. 775.082
  478  and 921.142. A person sentenced for a capital felony under this
  479  paragraph shall also be sentenced to pay the maximum fine
  480  provided under subparagraph 1.
  481         (d)1. Any person who knowingly sells, purchases,
  482  manufactures, delivers, or brings into this state, or who is
  483  knowingly in actual or constructive possession of, 28 grams or
  484  more of phencyclidine or of any mixture containing
  485  phencyclidine, as described in s. 893.03(2)(b), commits a felony
  486  of the first degree, which felony shall be known as “trafficking
  487  in phencyclidine,” punishable as provided in s. 775.082, s.
  488  775.083, or s. 775.084. If the quantity involved:
  489         a. Is 28 grams or more, but less than 200 grams, such
  490  person shall be sentenced to a mandatory minimum term of
  491  imprisonment of 3 years, and the defendant shall be ordered to
  492  pay a fine of $50,000.
  493         b. Is 200 grams or more, but less than 400 grams, such
  494  person shall be sentenced to a mandatory minimum term of
  495  imprisonment of 7 years, and the defendant shall be ordered to
  496  pay a fine of $100,000.
  497         c. Is 400 grams or more, such person shall be sentenced to
  498  a mandatory minimum term of imprisonment of 15 calendar years
  499  and pay a fine of $250,000.
  500         2. Any person who knowingly brings into this state 800
  501  grams or more of phencyclidine or of any mixture containing
  502  phencyclidine, as described in s. 893.03(2)(b), and who knows
  503  that the probable result of such importation would be the death
  504  of any person commits capital importation of phencyclidine, a
  505  capital felony punishable as provided in s. 775.082 ss. 775.082
  506  and 921.142. Any person sentenced for a capital felony under
  507  this paragraph shall also be sentenced to pay the maximum fine
  508  provided under subparagraph 1.
  509         (e)1. Any person who knowingly sells, purchases,
  510  manufactures, delivers, or brings into this state, or who is
  511  knowingly in actual or constructive possession of, 200 grams or
  512  more of methaqualone or of any mixture containing methaqualone,
  513  as described in s. 893.03(1)(d), commits a felony of the first
  514  degree, which felony shall be known as “trafficking in
  515  methaqualone,” punishable as provided in s. 775.082, s. 775.083,
  516  or s. 775.084. If the quantity involved:
  517         a. Is 200 grams or more, but less than 5 kilograms, such
  518  person shall be sentenced to a mandatory minimum term of
  519  imprisonment of 3 years, and the defendant shall be ordered to
  520  pay a fine of $50,000.
  521         b. Is 5 kilograms or more, but less than 25 kilograms, such
  522  person shall be sentenced to a mandatory minimum term of
  523  imprisonment of 7 years, and the defendant shall be ordered to
  524  pay a fine of $100,000.
  525         c. Is 25 kilograms or more, such person shall be sentenced
  526  to a mandatory minimum term of imprisonment of 15 calendar years
  527  and pay a fine of $250,000.
  528         2. Any person who knowingly brings into this state 50
  529  kilograms or more of methaqualone or of any mixture containing
  530  methaqualone, as described in s. 893.03(1)(d), and who knows
  531  that the probable result of such importation would be the death
  532  of any person commits capital importation of methaqualone, a
  533  capital felony punishable as provided in s. 775.082 ss. 775.082
  534  and 921.142. Any person sentenced for a capital felony under
  535  this paragraph shall also be sentenced to pay the maximum fine
  536  provided under subparagraph 1.
  537         (f)1. Any person who knowingly sells, purchases,
  538  manufactures, delivers, or brings into this state, or who is
  539  knowingly in actual or constructive possession of, 14 grams or
  540  more of amphetamine, as described in s. 893.03(2)(c)2., or
  541  methamphetamine, as described in s. 893.03(2)(c)4., or of any
  542  mixture containing amphetamine or methamphetamine, or
  543  phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine
  544  in conjunction with other chemicals and equipment utilized in
  545  the manufacture of amphetamine or methamphetamine, commits a
  546  felony of the first degree, which felony shall be known as
  547  “trafficking in amphetamine,” punishable as provided in s.
  548  775.082, s. 775.083, or s. 775.084. If the quantity involved:
  549         a. Is 14 grams or more, but less than 28 grams, such person
  550  shall be sentenced to a mandatory minimum term of imprisonment
  551  of 3 years, and the defendant shall be ordered to pay a fine of
  552  $50,000.
  553         b. Is 28 grams or more, but less than 200 grams, such
  554  person shall be sentenced to a mandatory minimum term of
  555  imprisonment of 7 years, and the defendant shall be ordered to
  556  pay a fine of $100,000.
  557         c. Is 200 grams or more, such person shall be sentenced to
  558  a mandatory minimum term of imprisonment of 15 calendar years
  559  and pay a fine of $250,000.
  560         2. Any person who knowingly manufactures or brings into
  561  this state 400 grams or more of amphetamine, as described in s.
  562  893.03(2)(c)2., or methamphetamine, as described in s.
  563  893.03(2)(c)4., or of any mixture containing amphetamine or
  564  methamphetamine, or phenylacetone, phenylacetic acid,
  565  pseudoephedrine, or ephedrine in conjunction with other
  566  chemicals and equipment used in the manufacture of amphetamine
  567  or methamphetamine, and who knows that the probable result of
  568  such manufacture or importation would be the death of any person
  569  commits capital manufacture or importation of amphetamine, a
  570  capital felony punishable as provided in s. 775.082 ss. 775.082
  571  and 921.142. Any person sentenced for a capital felony under
  572  this paragraph shall also be sentenced to pay the maximum fine
  573  provided under subparagraph 1.
  574         (g)1. Any person who knowingly sells, purchases,
  575  manufactures, delivers, or brings into this state, or who is
  576  knowingly in actual or constructive possession of, 4 grams or
  577  more of flunitrazepam or any mixture containing flunitrazepam as
  578  described in s. 893.03(1)(a) commits a felony of the first
  579  degree, which felony shall be known as “trafficking in
  580  flunitrazepam,” punishable as provided in s. 775.082, s.
  581  775.083, or s. 775.084. If the quantity involved:
  582         a. Is 4 grams or more but less than 14 grams, such person
  583  shall be sentenced to a mandatory minimum term of imprisonment
  584  of 3 years, and the defendant shall be ordered to pay a fine of
  585  $50,000.
  586         b. Is 14 grams or more but less than 28 grams, such person
  587  shall be sentenced to a mandatory minimum term of imprisonment
  588  of 7 years, and the defendant shall be ordered to pay a fine of
  589  $100,000.
  590         c. Is 28 grams or more but less than 30 kilograms, such
  591  person shall be sentenced to a mandatory minimum term of
  592  imprisonment of 25 calendar years and pay a fine of $500,000.
  593         2. Any person who knowingly sells, purchases, manufactures,
  594  delivers, or brings into this state or who is knowingly in
  595  actual or constructive possession of 30 kilograms or more of
  596  flunitrazepam or any mixture containing flunitrazepam as
  597  described in s. 893.03(1)(a) commits the first degree felony of
  598  trafficking in flunitrazepam. A person who has been convicted of
  599  the first degree felony of trafficking in flunitrazepam under
  600  this subparagraph shall be punished by life imprisonment and is
  601  ineligible for any form of discretionary early release except
  602  pardon or executive clemency or conditional medical release
  603  under s. 947.149. However, if the court determines that, in
  604  addition to committing any act specified in this paragraph:
  605         a. The person intentionally killed an individual or
  606  counseled, commanded, induced, procured, or caused the
  607  intentional killing of an individual and such killing was the
  608  result; or
  609         b. The person’s conduct in committing that act led to a
  610  natural, though not inevitable, lethal result,
  611  
  612  such person commits the capital felony of trafficking in
  613  flunitrazepam, punishable as provided in s. 775.082 ss. 775.082
  614  and 921.142. Any person sentenced for a capital felony under
  615  this paragraph shall also be sentenced to pay the maximum fine
  616  provided under subparagraph 1.
  617         (h)1. Any person who knowingly sells, purchases,
  618  manufactures, delivers, or brings into this state, or who is
  619  knowingly in actual or constructive possession of, 1 kilogram or
  620  more of gamma-hydroxybutyric acid (GHB), as described in s.
  621  893.03(1)(d), or any mixture containing gamma-hydroxybutyric
  622  acid (GHB), commits a felony of the first degree, which felony
  623  shall be known as “trafficking in gamma-hydroxybutyric acid
  624  (GHB),” punishable as provided in s. 775.082, s. 775.083, or s.
  625  775.084. If the quantity involved:
  626         a. Is 1 kilogram or more but less than 5 kilograms, such
  627  person shall be sentenced to a mandatory minimum term of
  628  imprisonment of 3 years, and the defendant shall be ordered to
  629  pay a fine of $50,000.
  630         b. Is 5 kilograms or more but less than 10 kilograms, such
  631  person shall be sentenced to a mandatory minimum term of
  632  imprisonment of 7 years, and the defendant shall be ordered to
  633  pay a fine of $100,000.
  634         c. Is 10 kilograms or more, such person shall be sentenced
  635  to a mandatory minimum term of imprisonment of 15 calendar years
  636  and pay a fine of $250,000.
  637         2. Any person who knowingly manufactures or brings into
  638  this state 150 kilograms or more of gamma-hydroxybutyric acid
  639  (GHB), as described in s. 893.03(1)(d), or any mixture
  640  containing gamma-hydroxybutyric acid (GHB), and who knows that
  641  the probable result of such manufacture or importation would be
  642  the death of any person commits capital manufacture or
  643  importation of gamma-hydroxybutyric acid (GHB), a capital felony
  644  punishable as provided in s. 775.082 ss. 775.082 and 921.142.
  645  Any person sentenced for a capital felony under this paragraph
  646  shall also be sentenced to pay the maximum fine provided under
  647  subparagraph 1.
  648         (i)1. Any person who knowingly sells, purchases,
  649  manufactures, delivers, or brings into this state, or who is
  650  knowingly in actual or constructive possession of, 1 kilogram or
  651  more of gamma-butyrolactone (GBL), as described in s.
  652  893.03(1)(d), or any mixture containing gamma-butyrolactone
  653  (GBL), commits a felony of the first degree, which felony shall
  654  be known as “trafficking in gamma-butyrolactone (GBL),”
  655  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  656  If the quantity involved:
  657         a. Is 1 kilogram or more but less than 5 kilograms, such
  658  person shall be sentenced to a mandatory minimum term of
  659  imprisonment of 3 years, and the defendant shall be ordered to
  660  pay a fine of $50,000.
  661         b. Is 5 kilograms or more but less than 10 kilograms, such
  662  person shall be sentenced to a mandatory minimum term of
  663  imprisonment of 7 years, and the defendant shall be ordered to
  664  pay a fine of $100,000.
  665         c. Is 10 kilograms or more, such person shall be sentenced
  666  to a mandatory minimum term of imprisonment of 15 calendar years
  667  and pay a fine of $250,000.
  668         2. Any person who knowingly manufactures or brings into the
  669  state 150 kilograms or more of gamma-butyrolactone (GBL), as
  670  described in s. 893.03(1)(d), or any mixture containing gamma
  671  butyrolactone (GBL), and who knows that the probable result of
  672  such manufacture or importation would be the death of any person
  673  commits capital manufacture or importation of gamma
  674  butyrolactone (GBL), a capital felony punishable as provided in
  675  s. 775.082 ss. 775.082 and 921.142. Any person sentenced for a
  676  capital felony under this paragraph shall also be sentenced to
  677  pay the maximum fine provided under subparagraph 1.
  678         (j)1. Any person who knowingly sells, purchases,
  679  manufactures, delivers, or brings into this state, or who is
  680  knowingly in actual or constructive possession of, 1 kilogram or
  681  more of 1,4-Butanediol as described in s. 893.03(1)(d), or of
  682  any mixture containing 1,4-Butanediol, commits a felony of the
  683  first degree, which felony shall be known as “trafficking in
  684  1,4-Butanediol,” punishable as provided in s. 775.082, s.
  685  775.083, or s. 775.084. If the quantity involved:
  686         a. Is 1 kilogram or more, but less than 5 kilograms, such
  687  person shall be sentenced to a mandatory minimum term of
  688  imprisonment of 3 years, and the defendant shall be ordered to
  689  pay a fine of $50,000.
  690         b. Is 5 kilograms or more, but less than 10 kilograms, such
  691  person shall be sentenced to a mandatory minimum term of
  692  imprisonment of 7 years, and the defendant shall be ordered to
  693  pay a fine of $100,000.
  694         c. Is 10 kilograms or more, such person shall be sentenced
  695  to a mandatory minimum term of imprisonment of 15 calendar years
  696  and pay a fine of $500,000.
  697         2. Any person who knowingly manufactures or brings into
  698  this state 150 kilograms or more of 1,4-Butanediol as described
  699  in s. 893.03(1)(d), or any mixture containing 1,4-Butanediol,
  700  and who knows that the probable result of such manufacture or
  701  importation would be the death of any person commits capital
  702  manufacture or importation of 1,4-Butanediol, a capital felony
  703  punishable as provided in s. 775.082 ss. 775.082 and 921.142.
  704  Any person sentenced for a capital felony under this paragraph
  705  shall also be sentenced to pay the maximum fine provided under
  706  subparagraph 1.
  707         (k)1. A person who knowingly sells, purchases,
  708  manufactures, delivers, or brings into this state, or who is
  709  knowingly in actual or constructive possession of, 10 grams or
  710  more of any of the following substances described in s.
  711  893.03(1)(c):
  712         a. 3,4-Methylenedioxymethamphetamine (MDMA);
  713         b. 4-Bromo-2,5-dimethoxyamphetamine;
  714         c. 4-Bromo-2,5-dimethoxyphenethylamine;
  715         d. 2,5-Dimethoxyamphetamine;
  716         e. 2,5-Dimethoxy-4-ethylamphetamine (DOET);
  717         f. N-ethylamphetamine;
  718         g. N-Hydroxy-3,4-methylenedioxyamphetamine;
  719         h. 5-Methoxy-3,4-methylenedioxyamphetamine;
  720         i. 4-methoxyamphetamine;
  721         j. 4-methoxymethamphetamine;
  722         k. 4-Methyl-2,5-dimethoxyamphetamine;
  723         l. 3,4-Methylenedioxy-N-ethylamphetamine;
  724         m. 3,4-Methylenedioxyamphetamine;
  725         n. N,N-dimethylamphetamine;
  726         o. 3,4,5-Trimethoxyamphetamine;
  727         p. 3,4-Methylenedioxymethcathinone;
  728         q. 3,4-Methylenedioxypyrovalerone (MDPV); or
  729         r. Methylmethcathinone,
  730  
  731  individually or analogs thereto or isomers thereto or in any
  732  combination of or any mixture containing any substance listed in
  733  sub-subparagraphs a.-r., commits a felony of the first degree,
  734  which felony shall be known as “trafficking in Phenethylamines,”
  735  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  736         2. If the quantity involved:
  737         a. Is 10 grams or more, but less than 200 grams, such
  738  person shall be sentenced to a mandatory minimum term of
  739  imprisonment of 3 years and shall be ordered to pay a fine of
  740  $50,000.
  741         b. Is 200 grams or more, but less than 400 grams, such
  742  person shall be sentenced to a mandatory minimum term of
  743  imprisonment of 7 years and shall be ordered to pay a fine of
  744  $100,000.
  745         c. Is 400 grams or more, such person shall be sentenced to
  746  a mandatory minimum term of imprisonment of 15 years and shall
  747  be ordered to pay a fine of $250,000.
  748         3. A person who knowingly manufactures or brings into this
  749  state 30 kilograms or more of any of the following substances
  750  described in s. 893.03(1)(c):
  751         a. 3,4-Methylenedioxymethamphetamine (MDMA);
  752         b. 4-Bromo-2,5-dimethoxyamphetamine;
  753         c. 4-Bromo-2,5-dimethoxyphenethylamine;
  754         d. 2,5-Dimethoxyamphetamine;
  755         e. 2,5-Dimethoxy-4-ethylamphetamine (DOET);
  756         f. N-ethylamphetamine;
  757         g. N-Hydroxy-3,4-methylenedioxyamphetamine;
  758         h. 5-Methoxy-3,4-methylenedioxyamphetamine;
  759         i. 4-methoxyamphetamine;
  760         j. 4-methoxymethamphetamine;
  761         k. 4-Methyl-2,5-dimethoxyamphetamine;
  762         l. 3,4-Methylenedioxy-N-ethylamphetamine;
  763         m. 3,4-Methylenedioxyamphetamine;
  764         n. N,N-dimethylamphetamine;
  765         o. 3,4,5-Trimethoxyamphetamine;
  766         p. 3,4-Methylenedioxymethcathinone;
  767         q. 3,4-Methylenedioxypyrovalerone (MDPV); or
  768         r. Methylmethcathinone,
  769  
  770  individually or analogs thereto or isomers thereto or in any
  771  combination of or any mixture containing any substance listed in
  772  sub-subparagraphs a.-r., and who knows that the probable result
  773  of such manufacture or importation would be the death of any
  774  person commits capital manufacture or importation of
  775  Phenethylamines, a capital felony punishable as provided in s.
  776  775.082 ss. 775.082 and 921.142. A person sentenced for a
  777  capital felony under this paragraph shall also be sentenced to
  778  pay the maximum fine provided under subparagraph 1.
  779         (l)1. Any person who knowingly sells, purchases,
  780  manufactures, delivers, or brings into this state, or who is
  781  knowingly in actual or constructive possession of, 1 gram or
  782  more of lysergic acid diethylamide (LSD) as described in s.
  783  893.03(1)(c), or of any mixture containing lysergic acid
  784  diethylamide (LSD), commits a felony of the first degree, which
  785  felony shall be known as “trafficking in lysergic acid
  786  diethylamide (LSD),” punishable as provided in s. 775.082, s.
  787  775.083, or s. 775.084. If the quantity involved:
  788         a. Is 1 gram or more, but less than 5 grams, such person
  789  shall be sentenced to a mandatory minimum term of imprisonment
  790  of 3 years, and the defendant shall be ordered to pay a fine of
  791  $50,000.
  792         b. Is 5 grams or more, but less than 7 grams, such person
  793  shall be sentenced to a mandatory minimum term of imprisonment
  794  of 7 years, and the defendant shall be ordered to pay a fine of
  795  $100,000.
  796         c. Is 7 grams or more, such person shall be sentenced to a
  797  mandatory minimum term of imprisonment of 15 calendar years and
  798  pay a fine of $500,000.
  799         2. Any person who knowingly manufactures or brings into
  800  this state 7 grams or more of lysergic acid diethylamide (LSD)
  801  as described in s. 893.03(1)(c), or any mixture containing
  802  lysergic acid diethylamide (LSD), and who knows that the
  803  probable result of such manufacture or importation would be the
  804  death of any person commits capital manufacture or importation
  805  of lysergic acid diethylamide (LSD), a capital felony punishable
  806  as provided in s. 775.082 ss. 775.082 and 921.142. Any person
  807  sentenced for a capital felony under this paragraph shall also
  808  be sentenced to pay the maximum fine provided under subparagraph
  809  1.
  810         Section 14. Sections 922.052, 922.06, 922.07, 922.08,
  811  922.095, 922.10, 922.105, 922.108, 922.11, 922.111, 922.12,
  812  922.14, 922.15, 924.055, 924.056, and 924.057, Florida Statutes,
  813  are repealed.
  814         Section 15. Subsection (4) of section 925.11, Florida
  815  Statutes, is amended to read:
  816         925.11 Postsentencing DNA testing.—
  817         (4) PRESERVATION OF EVIDENCE.—
  818         (a) Governmental entities that may be in possession of any
  819  physical evidence in the case, including, but not limited to,
  820  any investigating law enforcement agency, the clerk of the
  821  court, the prosecuting authority, or the Department of Law
  822  Enforcement shall maintain any physical evidence collected at
  823  the time of the crime for which a postsentencing testing of DNA
  824  may be requested.
  825         (b) In a case in which the death penalty is imposed, the
  826  evidence shall be maintained for 60 days after execution of the
  827  sentence. In all other cases, a governmental entity may dispose
  828  of the physical evidence if the term of the sentence imposed in
  829  the case has expired and no other provision of law or rule
  830  requires that the physical evidence be preserved or retained.
  831         Section 16. Paragraphs (g) and (h) of subsection (1) and
  832  subsection (2) of section 945.10, Florida Statutes, are amended
  833  to read:
  834         945.10 Confidential information.—
  835         (1) Except as otherwise provided by law or in this section,
  836  the following records and information held by the Department of
  837  Corrections are confidential and exempt from the provisions of
  838  s. 119.07(1) and s. 24(a), Art. I of the State Constitution:
  839         (g) Information which identifies an executioner, or any
  840  person prescribing, preparing, compounding, dispensing, or
  841  administering a lethal injection.
  842         (g)(h) Records that are otherwise confidential or exempt
  843  from public disclosure by law.
  844         (2) The records and information specified in subsection
  845  paragraphs (1)(a)-(h) may be released as follows unless
  846  expressly prohibited by federal law:
  847         (a) Information specified in paragraphs (1)(b), (d), and
  848  (f) to the Office of the Governor, the Legislature, the Florida
  849  Commission on Offender Review, the Department of Children and
  850  Families, a private correctional facility or program that
  851  operates under a contract, the Department of Legal Affairs, a
  852  state attorney, the court, or a law enforcement agency. A
  853  request for records or information pursuant to this paragraph
  854  need not be in writing.
  855         (b) Information specified in paragraphs (1)(c), (e), and
  856  (g)(h) to the Office of the Governor, the Legislature, the
  857  Florida Commission on Offender Review, the Department of
  858  Children and Families, a private correctional facility or
  859  program that operates under contract, the Department of Legal
  860  Affairs, a state attorney, the court, or a law enforcement
  861  agency. A request for records or information pursuant to this
  862  paragraph must be in writing and a statement provided
  863  demonstrating a need for the records or information.
  864         (c) Information specified in paragraph (1)(b) to an
  865  attorney representing an inmate under sentence of death, except
  866  those portions of the records containing a victim’s statement or
  867  address, or the statement or address of a relative of the
  868  victim. A request for records of information pursuant to this
  869  paragraph must be in writing and a statement provided
  870  demonstrating a need for the records or information.
  871         (d) Information specified in paragraph (1)(b) to a public
  872  defender representing a defendant, except those portions of the
  873  records containing a victim’s statement or address, or the
  874  statement or address of a relative of the victim. A request for
  875  records or information pursuant to this paragraph need not be in
  876  writing.
  877         (e) Information specified in paragraph (1)(b) to state or
  878  local governmental agencies. A request for records or
  879  information pursuant to this paragraph must be in writing and a
  880  statement provided demonstrating a need for the records or
  881  information.
  882         (f) Information specified in paragraph (1)(b) to a person
  883  conducting legitimate research. A request for records and
  884  information pursuant to this paragraph must be in writing, the
  885  person requesting the records or information must sign a
  886  confidentiality agreement, and the department must approve the
  887  request in writing.
  888         (g) Information specified in paragraph (1)(a) to the
  889  Department of Health and the county health department where an
  890  inmate plans to reside if he or she has tested positive for the
  891  presence of the antibody or antigen to human immunodeficiency
  892  virus infection.
  893  
  894  Records and information released under this subsection remain
  895  confidential and exempt from the provisions of s. 119.07(1) and
  896  s. 24(a), Art. I of the State Constitution when held by the
  897  receiving person or entity.
  898         Section 17. Subsection (2) of section 316.3026, Florida
  899  Statutes, is amended to read:
  900         316.3026 Unlawful operation of motor carriers.—
  901         (2) Any motor carrier enjoined or prohibited from operating
  902  by an out-of-service order by this state, any other state, or
  903  the Federal Motor Carrier Safety Administration may not operate
  904  on the roadways of this state until the motor carrier has been
  905  authorized to resume operations by the originating enforcement
  906  jurisdiction. Commercial motor vehicles owned or operated by any
  907  motor carrier prohibited from operation found on the roadways of
  908  this state shall be placed out of service by law enforcement
  909  officers of the Department of Highway Safety and Motor Vehicles,
  910  and the motor carrier assessed a $10,000 civil penalty pursuant
  911  to 49 C.F.R. s. 383.53, in addition to any other penalties
  912  imposed on the driver or other responsible person. Any person
  913  who knowingly drives, operates, or causes to be operated any
  914  commercial motor vehicle in violation of an out-of-service order
  915  issued by the department in accordance with this section commits
  916  a felony of the third degree, punishable as provided in s.
  917  775.082(2)(e) s. 775.082(3)(e). Any costs associated with the
  918  impoundment or storage of such vehicles are the responsibility
  919  of the motor carrier. Vehicle out-of-service orders may be
  920  rescinded when the department receives proof of authorization
  921  for the motor carrier to resume operation.
  922         Section 18. Subsection (3) of section 373.409, Florida
  923  Statutes, is amended to read:
  924         373.409 Headgates, valves, and measuring devices.—
  925         (3) No person shall alter or tamper with a measuring device
  926  so as to cause it to register other than the actual amount of
  927  water diverted, discharged, or taken. Violation of this
  928  subsection shall be a misdemeanor of the second degree,
  929  punishable under s. 775.082(3)(b) s. 775.082(4)(b).
  930         Section 19. Subsections (3), (4), and (5) of section
  931  373.430, Florida Statutes, are amended to read:
  932         373.430 Prohibitions, violation, penalty, intent.—
  933         (3) Any person who willfully commits a violation specified
  934  in paragraph (1)(a) is guilty of a felony of the third degree,
  935  punishable as provided in ss. 775.082(2)(e) ss. 775.082(3)(e)
  936  and 775.083(1)(g), by a fine of not more than $50,000 or by
  937  imprisonment for 5 years, or by both, for each offense. Each day
  938  during any portion of which such violation occurs constitutes a
  939  separate offense.
  940         (4) Any person who commits a violation specified in
  941  paragraph (1)(a) due to reckless indifference or gross careless
  942  disregard is guilty of a misdemeanor of the second degree,
  943  punishable as provided in ss. 775.082(3)(b) ss. 775.082(4)(b)
  944  and 775.083(1)(g), by a fine of not more than $5,000 or 60 days
  945  in jail, or by both, for each offense.
  946         (5) Any person who willfully commits a violation specified
  947  in paragraph (1)(b) or paragraph (1)(c) is guilty of a
  948  misdemeanor of the first degree, punishable as provided in ss.
  949  775.082(3)(a) ss. 775.082(4)(a) and 775.083(1)(g), by a fine of
  950  not more than $10,000 or by 6 months in jail, or by both, for
  951  each offense.
  952         Section 20. Subsections (3) and (4) of section 376.302,
  953  Florida Statutes, are amended to read:
  954         376.302 Prohibited acts; penalties.—
  955         (3) Any person who willfully commits a violation specified
  956  in paragraph (1)(a) or paragraph (1)(b) shall be guilty of a
  957  misdemeanor of the first degree punishable as provided in ss.
  958  775.082(3)(a) ss. 775.082(4)(a) and 775.083(1)(g), by a fine of
  959  not less than $2,500 or more than $25,000, or punishable by 1
  960  year in jail, or by both for each offense. Each day during any
  961  portion of which such violation occurs constitutes a separate
  962  offense.
  963         (4) Any person who commits a violation specified in
  964  paragraph (1)(c) shall be guilty of a misdemeanor of the first
  965  degree punishable as provided in ss. 775.082(3)(a) ss.
  966  775.082(4)(a) and 775.083(1)(g), by a fine of not more than
  967  $10,000, or by 6 months in jail, or by both for each offense.
  968         Section 21. Subsection (9) of section 394.912, Florida
  969  Statutes, is amended to read:
  970         394.912 Definitions.—As used in this part, the term:
  971         (9) “Sexually violent offense” means:
  972         (a) Murder of a human being while engaged in sexual battery
  973  in violation of s. 782.04(1)(b) s. 782.04(1)(a)2.;
  974         (b) Kidnapping of a child under the age of 13 and, in the
  975  course of that offense, committing:
  976         1. Sexual battery; or
  977         2. A lewd, lascivious, or indecent assault or act upon or
  978  in the presence of the child;
  979         (c) Committing the offense of false imprisonment upon a
  980  child under the age of 13 and, in the course of that offense,
  981  committing:
  982         1. Sexual battery; or
  983         2. A lewd, lascivious, or indecent assault or act upon or
  984  in the presence of the child;
  985         (d) Sexual battery in violation of s. 794.011;
  986         (e) Lewd, lascivious, or indecent assault or act upon or in
  987  presence of the child in violation of s. 800.04 or s.
  988  847.0135(5);
  989         (f) An attempt, criminal solicitation, or conspiracy, in
  990  violation of s. 777.04, of a sexually violent offense;
  991         (g) Any conviction for a felony offense in effect at any
  992  time before October 1, 1998, which is comparable to a sexually
  993  violent offense under paragraphs (a)-(f) or any federal
  994  conviction or conviction in another state for a felony offense
  995  that in this state would be a sexually violent offense;
  996         (h) Any criminal act that, either at the time of sentencing
  997  for the offense or subsequently during civil commitment
  998  proceedings under this part, has been determined beyond a
  999  reasonable doubt to have been sexually motivated; or
 1000         (i) A criminal offense in which the state attorney refers a
 1001  person to the department for civil commitment proceedings
 1002  pursuant to s. 394.9125.
 1003         Section 22. Subsections (3), (4), and (5) of section
 1004  403.161, Florida Statutes, are amended to read:
 1005         403.161 Prohibitions, violation, penalty, intent.—
 1006         (3) Any person who willfully commits a violation specified
 1007  in paragraph (1)(a) is guilty of a felony of the third degree
 1008  punishable as provided in ss. 775.082(2)(e) ss. 775.082(3)(e)
 1009  and 775.083(1)(g) by a fine of not more than $50,000 or by
 1010  imprisonment for 5 years, or by both, for each offense. Each day
 1011  during any portion of which such violation occurs constitutes a
 1012  separate offense.
 1013         (4) Any person who commits a violation specified in
 1014  paragraph (1)(a) due to reckless indifference or gross careless
 1015  disregard is guilty of a misdemeanor of the second degree,
 1016  punishable as provided in ss. 775.082(3)(b) ss. 775.082(4)(b)
 1017  and 775.083(1)(g) by a fine of not more than $5,000 or by 60
 1018  days in jail, or by both, for each offense.
 1019         (5) Any person who willfully commits a violation specified
 1020  in paragraph (1)(b) or paragraph (1)(c) is guilty of a
 1021  misdemeanor of the first degree punishable as provided in ss.
 1022  775.082(3)(a) ss. 775.082(4)(a) and 775.083(1)(g) by a fine of
 1023  not more than $10,000 or by 6 months in jail, or by both for
 1024  each offense.
 1025         Section 23. Subsection (2) of section 448.09, Florida
 1026  Statutes, is amended to read:
 1027         448.09 Unauthorized aliens; employment prohibited.—
 1028         (2) The first violation of subsection (1) shall be a
 1029  noncriminal violation as defined in s. 775.08(3) and, upon
 1030  conviction, shall be punishable as provided in s. 775.082(4) s.
 1031  775.082(5) by a civil fine of not more than $500, regardless of
 1032  the number of aliens with respect to whom the violation
 1033  occurred.
 1034         Section 24. Section 504.013, Florida Statutes, is amended
 1035  to read:
 1036         504.013 Penalties.—Any person, firm, or corporation engaged
 1037  in the business of the retail vending of fresh fruits, fresh
 1038  vegetables, bee pollen, or honey who willfully and knowingly
 1039  removes any labels or identifying marks from fruits, vegetables,
 1040  bee pollen, or honey so labeled is guilty of a noncriminal
 1041  violation as defined in s. 775.08(3) and upon conviction shall
 1042  be punished as provided in s. 775.082(4) s. 775.082(5) by a
 1043  civil fine of not more than $500.
 1044         Section 25. Paragraph (c) of subsection (3) of section
 1045  648.571, Florida Statutes, is amended to read:
 1046         648.571 Failure to return collateral; penalty.—
 1047         (3)
 1048         (c) Allowable expenses incurred in apprehending a defendant
 1049  because of a bond forfeiture or judgment under s. 903.29 may be
 1050  deducted if such expenses are accounted for. The failure to
 1051  return collateral under these terms is punishable as follows:
 1052         1. If the collateral is of a value less than $100, as
 1053  provided in s. 775.082(3)(a) s. 775.082(4)(a).
 1054         2. If the collateral is of a value of $100 or more, as
 1055  provided in s. 775.082(2)(e) s. 775.082(3)(e).
 1056         3. If the collateral is of a value of $1,500 or more, as
 1057  provided in s. 775.082(2)(d) s. 775.082(3)(d).
 1058         4. If the collateral is of a value of $10,000 or more, as
 1059  provided in s. 775.082(2)(b) s. 775.082(3)(b).
 1060         Section 26. Paragraph (a) of subsection (2) of section
 1061  775.261, Florida Statutes, is amended to read:
 1062         775.261 The Florida Career Offender Registration Act.—
 1063         (2) DEFINITIONS.—As used in this section, the term:
 1064         (a) “Career offender” means any person who is designated as
 1065  a habitual violent felony offender, a violent career criminal,
 1066  or a three-time violent felony offender under s. 775.084 or as a
 1067  prison releasee reoffender under s. 775.082(8) s. 775.082(9).
 1068         Section 27. Subsection (1) of section 782.065, Florida
 1069  Statutes, is amended to read:
 1070         782.065 Murder; law enforcement officer, correctional
 1071  officer, correctional probation officer.—Notwithstanding ss.
 1072  775.082, 775.0823, 782.04, 782.051, and chapter 921, a defendant
 1073  shall be sentenced to life imprisonment without eligibility for
 1074  release upon findings by the trier of fact that, beyond a
 1075  reasonable doubt:
 1076         (1) The defendant committed murder in the first degree in
 1077  violation of s. 782.04(1) and a death sentence was not imposed;
 1078  murder in the second or third degree in violation of s.
 1079  782.04(2), (3), or (4); attempted murder in the first or second
 1080  degree in violation of s. 782.04(1)(a) s. 782.04(1)(a)1. or (2);
 1081  or attempted felony murder in violation of s. 782.051; and
 1082         Section 28. Paragraph (g) of subsection (3) of section
 1083  787.06, Florida Statutes, is amended to read:
 1084         787.06 Human trafficking.—
 1085         (3) Any person who knowingly, or in reckless disregard of
 1086  the facts, engages in human trafficking, or attempts to engage
 1087  in human trafficking, or benefits financially by receiving
 1088  anything of value from participation in a venture that has
 1089  subjected a person to human trafficking:
 1090         (g) For commercial sexual activity in which any child under
 1091  the age of 18, or in which any person who is mentally defective
 1092  or mentally incapacitated as those terms are defined in s.
 1093  794.011(1), is involved commits a life felony, punishable as
 1094  provided in s. 775.082(2)(a)6. s. 775.082(3)(a)6., s. 775.083,
 1095  or s. 775.084.
 1096  
 1097  For each instance of human trafficking of any individual under
 1098  this subsection, a separate crime is committed and a separate
 1099  punishment is authorized.
 1100         Section 29. Subsection (6) of section 794.0115, Florida
 1101  Statutes, is amended to read:
 1102         794.0115 Dangerous sexual felony offender; mandatory
 1103  sentencing.—
 1104         (6) Notwithstanding s. 775.082(2) s. 775.082(3), chapter
 1105  958, any other law, or any interpretation or construction
 1106  thereof, a person subject to sentencing under this section must
 1107  be sentenced to the mandatory term of imprisonment provided
 1108  under this section. If the mandatory minimum term of
 1109  imprisonment imposed under this section exceeds the maximum
 1110  sentence authorized under s. 775.082, s. 775.084, or chapter
 1111  921, the mandatory minimum term of imprisonment under this
 1112  section must be imposed. If the mandatory minimum term of
 1113  imprisonment under this section is less than the sentence that
 1114  could be imposed under s. 775.082, s. 775.084, or chapter 921,
 1115  the sentence imposed must include the mandatory minimum term of
 1116  imprisonment under this section.
 1117         Section 30. Paragraph (b) of subsection (5) of section
 1118  800.04, Florida Statutes, is amended to read:
 1119         800.04 Lewd or lascivious offenses committed upon or in the
 1120  presence of persons less than 16 years of age.—
 1121         (5) LEWD OR LASCIVIOUS MOLESTATION.—
 1122         (b) An offender 18 years of age or older who commits lewd
 1123  or lascivious molestation against a victim less than 12 years of
 1124  age commits a life felony, punishable as provided in s.
 1125  775.082(2)(a)4. s. 775.082(3)(a)4.
 1126         Section 31. Paragraph (c) of subsection (4) of section
 1127  907.041, Florida Statutes, is amended to read:
 1128         907.041 Pretrial detention and release.—
 1129         (4) PRETRIAL DETENTION.—
 1130         (c) The court may order pretrial detention if it finds a
 1131  substantial probability, based on a defendant’s past and present
 1132  patterns of behavior, the criteria in s. 903.046, and any other
 1133  relevant facts, that any of the following circumstances exist:
 1134         1. The defendant has previously violated conditions of
 1135  release and that no further conditions of release are reasonably
 1136  likely to assure the defendant’s appearance at subsequent
 1137  proceedings;
 1138         2. The defendant, with the intent to obstruct the judicial
 1139  process, has threatened, intimidated, or injured any victim,
 1140  potential witness, juror, or judicial officer, or has attempted
 1141  or conspired to do so, and that no condition of release will
 1142  reasonably prevent the obstruction of the judicial process;
 1143         3. The defendant is charged with trafficking in controlled
 1144  substances as defined by s. 893.135, that there is a substantial
 1145  probability that the defendant has committed the offense, and
 1146  that no conditions of release will reasonably assure the
 1147  defendant’s appearance at subsequent criminal proceedings;
 1148         4. The defendant is charged with DUI manslaughter, as
 1149  defined by s. 316.193, and that there is a substantial
 1150  probability that the defendant committed the crime and that the
 1151  defendant poses a threat of harm to the community; conditions
 1152  that would support a finding by the court pursuant to this
 1153  subparagraph that the defendant poses a threat of harm to the
 1154  community include, but are not limited to, any of the following:
 1155         a. The defendant has previously been convicted of any crime
 1156  under s. 316.193, or of any crime in any other state or
 1157  territory of the United States that is substantially similar to
 1158  any crime under s. 316.193;
 1159         b. The defendant was driving with a suspended driver
 1160  license when the charged crime was committed; or
 1161         c. The defendant has previously been found guilty of, or
 1162  has had adjudication of guilt withheld for, driving while the
 1163  defendant’s driver license was suspended or revoked in violation
 1164  of s. 322.34;
 1165         5. The defendant poses the threat of harm to the community.
 1166  The court may so conclude, if it finds that the defendant is
 1167  presently charged with a dangerous crime, that there is a
 1168  substantial probability that the defendant committed such crime,
 1169  that the factual circumstances of the crime indicate a disregard
 1170  for the safety of the community, and that there are no
 1171  conditions of release reasonably sufficient to protect the
 1172  community from the risk of physical harm to persons;
 1173         6. The defendant was on probation, parole, or other release
 1174  pending completion of sentence or on pretrial release for a
 1175  dangerous crime at the time the current offense was committed;
 1176         7. The defendant has violated one or more conditions of
 1177  pretrial release or bond for the offense currently before the
 1178  court and the violation, in the discretion of the court,
 1179  supports a finding that no conditions of release can reasonably
 1180  protect the community from risk of physical harm to persons or
 1181  assure the presence of the accused at trial; or
 1182         8.a. The defendant has ever been sentenced pursuant to s.
 1183  775.082(8) s. 775.082(9) or s. 775.084 as a prison releasee
 1184  reoffender, habitual violent felony offender, three-time violent
 1185  felony offender, or violent career criminal, or the state
 1186  attorney files a notice seeking that the defendant be sentenced
 1187  pursuant to s. 775.082(8) s. 775.082(9) or s. 775.084, as a
 1188  prison releasee reoffender, habitual violent felony offender,
 1189  three-time violent felony offender, or violent career criminal;
 1190         b. There is a substantial probability that the defendant
 1191  committed the offense; and
 1192         c. There are no conditions of release that can reasonably
 1193  protect the community from risk of physical harm or ensure the
 1194  presence of the accused at trial.
 1195         Section 32. Subsection (1) of section 921.1401, Florida
 1196  Statutes, is amended to read:
 1197         921.1401 Sentence of life imprisonment for persons who are
 1198  under the age of 18 years at the time of the offense; sentencing
 1199  proceedings.—
 1200         (1) Upon conviction or adjudication of guilt of an offense
 1201  described in s. 775.082(1)(b), s. 775.082(2)(a)5. s.
 1202  775.082(3)(a)5., s. 775.082(2)(b)2. s. 775.082(3)(b)2., or s.
 1203  775.082(2)(c) s. 775.082(3)(c) which was committed on or after
 1204  July 1, 2014, the court may conduct a separate sentencing
 1205  hearing to determine if a term of imprisonment for life or a
 1206  term of years equal to life imprisonment is an appropriate
 1207  sentence.
 1208         Section 33. Paragraphs (b), (c), and (d) of subsection (2)
 1209  of section 921.1402, Florida Statutes, are amended to read:
 1210         921.1402 Review of sentences for persons convicted of
 1211  specified offenses committed while under the age of 18 years.—
 1212         (2)
 1213         (b) A juvenile offender sentenced to a term of more than 25
 1214  years under s. 775.082(2)(a)5.a. s. 775.082(3)(a)5.a. or s.
 1215  775.082(2)(b)2.a. s. 775.082(3)(b)2.a. is entitled to a review
 1216  of his or her sentence after 25 years.
 1217         (c) A juvenile offender sentenced to a term of more than 15
 1218  years under s. 775.082(1)(b)2., s. 775.082(2)(a)5.b. s.
 1219  775.082(3)(a)5.b., or s. 775.082(2)(b)2.b. s. 775.082(3)(b)2.b.
 1220  is entitled to a review of his or her sentence after 15 years.
 1221         (d) A juvenile offender sentenced to a term of 20 years or
 1222  more under s. 775.082(2)(c) s. 775.082(3)(c) is entitled to a
 1223  review of his or her sentence after 20 years. If the juvenile
 1224  offender is not resentenced at the initial review hearing, he or
 1225  she is eligible for one subsequent review hearing 10 years after
 1226  the initial review hearing.
 1227         Section 34. Paragraph (c) of subsection (3) of section
 1228  944.17, Florida Statutes, is amended to read:
 1229         944.17 Commitments and classification; transfers.—
 1230         (3)
 1231         (c)1. When the highest ranking offense for which the
 1232  prisoner is convicted is a felony, the trial court shall
 1233  sentence the prisoner pursuant to the Criminal Punishment Code
 1234  in chapter 921.
 1235         2. When the highest ranking offense for which the prisoner
 1236  is convicted is a misdemeanor, the trial court shall sentence
 1237  the prisoner pursuant to s. 775.082(3) s. 775.082(4).
 1238         Section 35. Paragraph (e) of subsection (4) of section
 1239  944.275, Florida Statutes, is amended to read:
 1240         944.275 Gain-time.—
 1241         (4)
 1242         (e) Notwithstanding subparagraph (b)3., for sentences
 1243  imposed for offenses committed on or after October 1, 2014, the
 1244  department may not grant incentive gain-time if the offense is a
 1245  violation of s. 782.04(1)(b)3. s. 782.04(1)(a)2.c.; s.
 1246  787.01(3)(a)2. or 3.; s. 787.02(3)(a)2. or 3.; s. 794.011,
 1247  excluding s. 794.011(10); s. 800.04; s. 825.1025; or s.
 1248  847.0135(5).
 1249         Section 36. Subsection (1) of section 944.608, Florida
 1250  Statutes, is amended to read:
 1251         944.608 Notification to Department of Law Enforcement of
 1252  information on career offenders.—
 1253         (1) As used in this section, the term “career offender”
 1254  means a person who is in the custody or control of, or under the
 1255  supervision of, the department or is in the custody or control
 1256  of, or under the supervision of, a private correctional
 1257  facility, and who is designated as a habitual violent felony
 1258  offender, a violent career criminal, or a three-time violent
 1259  felony offender under s. 775.084 or as a prison releasee
 1260  reoffender under s. 775.082(8) s. 775.082(9).
 1261         Section 37. Subsection (1) of section 944.609, Florida
 1262  Statutes, is amended to read:
 1263         944.609 Career offenders; notification upon release.—
 1264         (1) As used in this section, the term “career offender”
 1265  means a person who is in the custody or control of, or under the
 1266  supervision of, the department or is in the custody or control
 1267  of, or under the supervision of a private correctional facility,
 1268  who is designated as a habitual violent felony offender, a
 1269  violent career criminal, or a three-time violent felony offender
 1270  under s. 775.084 or as a prison releasee reoffender under s.
 1271  775.082(8) s. 775.082(9).
 1272         Section 38. Subsection (6) of section 944.705, Florida
 1273  Statutes, is amended to read:
 1274         944.705 Release orientation program.—
 1275         (6)(a) The department shall notify every inmate, in no less
 1276  than 18-point type in the inmate’s release documents, that the
 1277  inmate may be sentenced pursuant to s. 775.082(8) s. 775.082(9)
 1278  if the inmate commits any felony offense described in s.
 1279  775.082(8) s. 775.082(9) within 3 years after the inmate’s
 1280  release. This notice must be prefaced by the word “WARNING” in
 1281  boldfaced type.
 1282         (b) Nothing in this section precludes the sentencing of a
 1283  person pursuant to s. 775.082(8) s. 775.082(9), nor shall
 1284  evidence that the department failed to provide this notice
 1285  prohibit a person from being sentenced pursuant to s. 775.082(8)
 1286  s. 775.082(9). The state shall not be required to demonstrate
 1287  that a person received any notice from the department in order
 1288  for the court to impose a sentence pursuant to s. 775.082(8) s.
 1289  775.082(9).
 1290         Section 39. Subsection (4) of section 948.012, Florida
 1291  Statutes, is amended to read:
 1292         948.012 Split sentence of probation or community control
 1293  and imprisonment.—
 1294         (4) Effective for offenses committed on or after September
 1295  1, 2005, the court must impose a split sentence pursuant to
 1296  subsection (1) for any person who is convicted of a life felony
 1297  for lewd and lascivious molestation pursuant to s. 800.04(5)(b)
 1298  if the court imposes a term of years in accordance with s.
 1299  775.082(2)(a)4.a.(II) s. 775.082(3)(a)4.a.(II) rather than life
 1300  imprisonment. The probation or community control portion of the
 1301  split sentence imposed by the court for a defendant must extend
 1302  for the duration of the defendant’s natural life and include a
 1303  condition that he or she be electronically monitored.
 1304         (5)(a) Effective for offenses committed on or after October
 1305  1, 2014, if the court imposes a term of years in accordance with
 1306  s. 775.082 which is less than the maximum sentence for the
 1307  offense, the court must impose a split sentence pursuant to
 1308  subsection (1) for any person who is convicted of a violation
 1309  of:
 1310         1. Section 782.04(1)(b)3. Section 782.04(1)(a)2.c.;
 1311         2. Section 787.01(3)(a)2. or 3.;
 1312         3. Section 787.02(3)(a)2. or 3.;
 1313         4. Section 794.011, excluding s. 794.011(10);
 1314         5. Section 800.04;
 1315         6. Section 825.1025; or
 1316         7. Section 847.0135(5).
 1317         Section 40. This act shall take effect July 1, 2015.