Florida Senate - 2016                                    SB 1178
       
       
        
       By Senator Bullard
       
       39-01692-16                                           20161178__
    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, 394.912, 782.065, 794.011, and
   33         893.135, F.S.; conforming provisions to changes made
   34         by the act; repealing ss. 922.052, 922.06, 922.07,
   35         922.08, 922.095, 922.10, 922.105, 922.108, 922.11,
   36         922.111, 922.12, 922.14, 922.15, 924.055, 924.056, and
   37         924.057, F.S., relating to issuance of warrant of
   38         execution, stay of execution of death sentence,
   39         proceedings when person under sentence of death
   40         appears to be insane, proceedings when person under
   41         sentence of death appears to be pregnant, grounds for
   42         death warrant, execution of death sentence,
   43         prohibition against reduction of death sentence as a
   44         result of determination that a method of execution is
   45         unconstitutional, sentencing orders in capital cases,
   46         regulation of execution, transfer to state prison for
   47         safekeeping before death warrant issued, return of
   48         warrant of execution issued by Governor, sentence of
   49         death unexecuted for unjustifiable reasons, return of
   50         warrant of execution issued by Supreme Court,
   51         legislative intent concerning appeals and
   52         postconviction proceedings in death penalty cases,
   53         commencement of capital postconviction actions for
   54         which sentence of death is imposed on or after January
   55         14, 2000, and limitation on postconviction cases in
   56         which the death sentence was imposed before January
   57         14, 2000, respectively; amending s. 925.11, F.S.;
   58         deleting provisions relating to preservation of DNA
   59         evidence in death penalty cases; amending s. 945.10,
   60         F.S.; deleting a public records exemption for the
   61         identity of executioners; providing an effective date.
   62          
   63  Be It Enacted by the Legislature of the State of Florida:
   64  
   65         Section 1. Paragraph (a) of subsection (1) and subsection
   66  (2) of section 775.082, Florida Statutes, are amended to read:
   67         775.082 Penalties; applicability of sentencing structures;
   68  mandatory minimum sentences for certain reoffenders previously
   69  released from prison.—
   70         (1)(a) Except as provided in paragraph (b), A person who
   71  has been convicted of a capital felony shall be punished by
   72  death if the proceeding held to determine sentence according to
   73  the procedure set forth in s. 921.141 results in findings by the
   74  court that such person shall be punished by death, otherwise
   75  such person shall be punished by life imprisonment and shall be
   76  ineligible for parole.
   77         (2) In the event the death penalty in a capital felony is
   78  held to be unconstitutional by the Florida Supreme Court or the
   79  United States Supreme Court, the court having jurisdiction over
   80  a person previously sentenced to death for a capital felony
   81  shall cause such person to be brought before the court, and the
   82  court shall sentence such person to life imprisonment as
   83  provided in subsection (1). No sentence of death shall be
   84  reduced as a result of a determination that a method of
   85  execution is held to be unconstitutional under the State
   86  Constitution or the Constitution of the United States.
   87         Section 2. Paragraphs (d), (e), and (f) of subsection (1)
   88  of section 27.51, Florida Statutes, are amended to read:
   89         27.51 Duties of public defender.—
   90         (1) The public defender shall represent, without additional
   91  compensation, any person determined to be indigent under s.
   92  27.52 and:
   93         (d) Sought by petition filed in such court to be
   94  involuntarily placed as a mentally ill person under part I of
   95  chapter 394, involuntarily committed as a sexually violent
   96  predator under part V of chapter 394, or involuntarily admitted
   97  to residential services as a person with developmental
   98  disabilities under chapter 393. A public defender shall not
   99  represent any plaintiff in a civil action brought under the
  100  Florida Rules of Civil Procedure, the Federal Rules of Civil
  101  Procedure, or the federal statutes, or represent a petitioner in
  102  a rule challenge under chapter 120, unless specifically
  103  authorized by statute; or
  104         (e) Convicted and sentenced to death, for purposes of
  105  handling an appeal to the Supreme Court; or
  106         (e)(f) Is appealing a matter in a case arising under
  107  paragraphs (a)-(d).
  108         Section 3. Paragraphs (e), (f), and (g) of subsection (5)
  109  and subsection (8) of section 27.511, Florida Statutes, are
  110  amended to read:
  111         27.511 Offices of criminal conflict and civil regional
  112  counsel; legislative intent; qualifications; appointment;
  113  duties.—
  114         (5) When the Office of the Public Defender, at any time
  115  during the representation of two or more defendants, determines
  116  that the interests of those accused are so adverse or hostile
  117  that they cannot all be counseled by the public defender or his
  118  or her staff without a conflict of interest, or that none can be
  119  counseled by the public defender or his or her staff because of
  120  a conflict of interest, and the court grants the public
  121  defender’s motion to withdraw, the office of criminal conflict
  122  and civil regional counsel shall be appointed and shall provide
  123  legal services, without additional compensation, to any person
  124  determined to be indigent under s. 27.52, who is:
  125         (e) Convicted and sentenced to death, for purposes of
  126  handling an appeal to the Supreme Court;
  127         (e)(f) Appealing a matter in a case arising under
  128  paragraphs (a)-(d); or
  129         (f)(g) Seeking correction, reduction, or modification of a
  130  sentence under Rule 3.800, Florida Rules of Criminal Procedure,
  131  or seeking postconviction relief under Rule 3.850, Florida Rules
  132  of Criminal Procedure, if, in either case, the court determines
  133  that appointment of counsel is necessary to protect a person’s
  134  due process rights.
  135         (8) The public defender for the judicial circuit specified
  136  in s. 27.51(4) shall, after the record on appeal is transmitted
  137  to the appellate court by the office of criminal conflict and
  138  civil regional counsel which handled the trial and if requested
  139  by the regional counsel for the indicated appellate district,
  140  handle all circuit court appeals authorized pursuant to
  141  paragraph (5)(e)(f) within the state courts system and any
  142  authorized appeals to the federal courts required of the
  143  official making the request. If the public defender certifies to
  144  the court that the public defender has a conflict consistent
  145  with the criteria prescribed in s. 27.5303 and moves to
  146  withdraw, the regional counsel shall handle the appeal, unless
  147  the regional counsel has a conflict, in which case the court
  148  shall appoint private counsel pursuant to s. 27.40.
  149         Section 4. Sections 27.7001, 27.7002, 27.701, 27.702,
  150  27.703, 27.704, 27.7045, 27.705, 27.706, 27.707, 27.708,
  151  27.7081, 27.7091, 27.710, 27.711, and 27.715, Florida Statutes,
  152  are repealed.
  153         Section 5. Paragraph (d) of subsection (1) of section
  154  119.071, Florida Statutes, is amended to read:
  155         119.071 General exemptions from inspection or copying of
  156  public records.—
  157         (1) AGENCY ADMINISTRATION.—
  158         (d)1. A public record that was prepared by an agency
  159  attorney (including an attorney employed or retained by the
  160  agency or employed or retained by another public officer or
  161  agency to protect or represent the interests of the agency
  162  having custody of the record) or prepared at the attorney’s
  163  express direction, that reflects a mental impression,
  164  conclusion, litigation strategy, or legal theory of the attorney
  165  or the agency, and that was prepared exclusively for civil or
  166  criminal litigation or for adversarial administrative
  167  proceedings, or that was prepared in anticipation of imminent
  168  civil or criminal litigation or imminent adversarial
  169  administrative proceedings, is exempt from s. 119.07(1) and s.
  170  24(a), Art. I of the State Constitution until the conclusion of
  171  the litigation or adversarial administrative proceedings. For
  172  purposes of capital collateral litigation as set forth in s.
  173  27.7001, the Attorney General’s office is entitled to claim this
  174  exemption for those public records prepared for direct appeal as
  175  well as for all capital collateral litigation after direct
  176  appeal until execution of sentence or imposition of a life
  177  sentence.
  178         2. This exemption is not waived by the release of such
  179  public record to another public employee or officer of the same
  180  agency or any person consulted by the agency attorney. When
  181  asserting the right to withhold a public record pursuant to this
  182  paragraph, the agency shall identify the potential parties to
  183  any such criminal or civil litigation or adversarial
  184  administrative proceedings. If a court finds that the document
  185  or other record has been improperly withheld under this
  186  paragraph, the party seeking access to such document or record
  187  shall be awarded reasonable attorney’s fees and costs in
  188  addition to any other remedy ordered by the court.
  189         Section 6. Paragraph (c) of subsection (4) of section
  190  282.201, Florida Statutes, is amended to read:
  191         282.201 State data center.—The state data center is
  192  established within the Agency for State Technology and shall
  193  provide data center services that are hosted on premises or
  194  externally through a third-party provider as an enterprise
  195  information technology service. The provision of services must
  196  comply with applicable state and federal laws, regulations, and
  197  policies, including all applicable security, privacy, and
  198  auditing requirements.
  199         (4) SCHEDULE FOR CONSOLIDATIONS OF AGENCY DATA CENTERS.—
  200         (c) The following are exempt from state data center
  201  consolidation under this section: the Department of Law
  202  Enforcement, the Department of the Lottery’s Gaming System,
  203  Systems Design and Development in the Office of Policy and
  204  Budget, the regional traffic management centers as described in
  205  s. 335.14(2) and the Office of Toll Operations of the Department
  206  of Transportation, the State Board of Administration, state
  207  attorneys, public defenders, criminal conflict and civil
  208  regional counsel, capital collateral regional counsel, and the
  209  Florida Housing Finance Corporation.
  210         Section 7. Subsection (1) of section 775.15, Florida
  211  Statutes, is amended to read:
  212         775.15 Time limitations; general time limitations;
  213  exceptions.—
  214         (1) A prosecution for a capital felony, a life felony, or a
  215  felony that resulted in a death may be commenced at any time. If
  216  the death penalty is held to be unconstitutional by the Florida
  217  Supreme Court or the United States Supreme Court, all crimes
  218  designated as capital felonies shall be considered life felonies
  219  for the purposes of this section, and prosecution for such
  220  crimes may be commenced at any time.
  221         Section 8. Subsection (4) of section 790.161, Florida
  222  Statutes, is amended to read:
  223         790.161 Making, possessing, throwing, projecting, placing,
  224  or discharging any destructive device or attempt so to do,
  225  felony; penalties.—A person who willfully and unlawfully makes,
  226  possesses, throws, projects, places, discharges, or attempts to
  227  make, possess, throw, project, place, or discharge any
  228  destructive device:
  229         (4) If the act results in the death of another person,
  230  commits a capital felony, punishable as provided in s. 775.082.
  231  In the event the death penalty in a capital felony is held to be
  232  unconstitutional by the Florida Supreme Court or the United
  233  States Supreme Court, the court having jurisdiction over a
  234  person previously sentenced to death for a capital felony shall
  235  cause such person to be brought before the court, and the court
  236  shall sentence such person to life imprisonment if convicted of
  237  murder in the first degree or of a capital felony under this
  238  subsection, and such person shall be ineligible for parole. No
  239  sentence of death shall be reduced as a result of a
  240  determination that a method of execution is held to be
  241  unconstitutional under the State Constitution or the
  242  Constitution of the United States.
  243         Section 9. Section 913.13, Florida Statutes, is repealed.
  244         Section 10. Section 921.137, Florida Statutes, is repealed.
  245         Section 11. Sections 921.141 and 921.142, Florida Statutes,
  246  are repealed.
  247         Section 12. Paragraph (c) of subsection (5) of section
  248  775.021, Florida Statutes, is amended to read:
  249         775.021 Rules of construction.—
  250         (5) Whoever commits an act that violates a provision of
  251  this code or commits a criminal offense defined by another
  252  statute and thereby causes the death of, or bodily injury to, an
  253  unborn child commits a separate offense if the provision or
  254  statute does not otherwise specifically provide a separate
  255  offense for such death or injury to an unborn child.
  256         (c) Notwithstanding any other provision of law, the death
  257  penalty may not be imposed for an offense under this subsection.
  258         Section 13. Subsection (1) of section 782.04, Florida
  259  Statutes, is amended to read:
  260         782.04 Murder.—
  261         (1)(a) The unlawful killing of a human being:
  262         (a)1. When perpetrated from a premeditated design to effect
  263  the death of the person killed or any human being;
  264         (b)2. When committed by a person engaged in the
  265  perpetration of, or in the attempt to perpetrate, any:
  266         1.a. Trafficking offense prohibited by s. 893.135(1),
  267         2.b. Arson,
  268         3.c. Sexual battery,
  269         4.d. Robbery,
  270         5.e. Burglary,
  271         6.f. Kidnapping,
  272         7.g. Escape,
  273         8.h. Aggravated child abuse,
  274         9.i. Aggravated abuse of an elderly person or disabled
  275  adult,
  276         10.j. Aircraft piracy,
  277         11.k. Unlawful throwing, placing, or discharging of a
  278  destructive device or bomb,
  279         12.l. Carjacking,
  280         13.m. Home-invasion robbery,
  281         14.n. Aggravated stalking,
  282         15.o. Murder of another human being,
  283         16.p. Resisting an officer with violence to his or her
  284  person,
  285         17.q. Aggravated fleeing or eluding with serious bodily
  286  injury or death,
  287         18.r. Felony that is an act of terrorism or is in
  288  furtherance of an act of terrorism; or
  289         (c)3. Which resulted from the unlawful distribution of any
  290  substance controlled under s. 893.03(1), cocaine as described in
  291  s. 893.03(2)(a)4., opium or any synthetic or natural salt,
  292  compound, derivative, or preparation of opium, or methadone by a
  293  person 18 years of age or older, when such drug is proven to be
  294  the proximate cause of the death of the user,
  295  
  296  is murder in the first degree and constitutes a capital felony,
  297  punishable as provided in s. 775.082.
  298         (b) In all cases under this section, the procedure set
  299  forth in s. 921.141 shall be followed in order to determine
  300  sentence of death or life imprisonment.
  301         Section 14. Paragraph (a) of subsection (9) of section
  302  394.912, Florida Statutes, is amended to read:
  303         394.912 Definitions.—As used in this part, the term:
  304         (9) “Sexually violent offense” means:
  305         (a) Murder of a human being while engaged in sexual battery
  306  in violation of s. 782.04(1)(b) 782.04(1)(a)2.;
  307         Section 15. Subsection (1) of section 782.065, Florida
  308  Statutes, is amended to read:
  309         782.065 Murder; law enforcement officer, correctional
  310  officer, correctional probation officer.—Notwithstanding ss.
  311  775.082, 775.0823, 782.04, 782.051, and chapter 921, a defendant
  312  shall be sentenced to life imprisonment without eligibility for
  313  release upon findings by the trier of fact that, beyond a
  314  reasonable doubt:
  315         (1) The defendant committed murder in the first degree in
  316  violation of s. 782.04(1) and a death sentence was not imposed;
  317  murder in the second or third degree in violation of s.
  318  782.04(2), (3), or (4); attempted murder in the first or second
  319  degree in violation of s. 782.04(1)(a) 782.04(1)(a)1. or (2); or
  320  attempted felony murder in violation of s. 782.051; and
  321         Section 16. Paragraph (a) of subsection (2) of section
  322  794.011, Florida Statutes, is amended to read:
  323         794.011 Sexual battery.—
  324         (2)(a) A person 18 years of age or older who commits sexual
  325  battery upon, or in an attempt to commit sexual battery injures
  326  the sexual organs of, a person less than 12 years of age commits
  327  a capital felony, punishable as provided in s. ss. 775.082 and
  328  921.141.
  329         Section 17. Paragraphs (b) through (l) of subsection (1) of
  330  section 893.135, Florida Statutes, are amended to read:
  331         893.135 Trafficking; mandatory sentences; suspension or
  332  reduction of sentences; conspiracy to engage in trafficking.—
  333         (1) Except as authorized in this chapter or in chapter 499
  334  and notwithstanding the provisions of s. 893.13:
  335         (b)1. Any person who knowingly sells, purchases,
  336  manufactures, delivers, or brings into this state, or who is
  337  knowingly in actual or constructive possession of, 28 grams or
  338  more of cocaine, as described in s. 893.03(2)(a)4., or of any
  339  mixture containing cocaine, but less than 150 kilograms of
  340  cocaine or any such mixture, commits a felony of the first
  341  degree, which felony shall be known as “trafficking in cocaine,”
  342  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  343  If the quantity involved:
  344         a. Is 28 grams or more, but less than 200 grams, such
  345  person shall be sentenced to a mandatory minimum term of
  346  imprisonment of 3 years, and the defendant shall be ordered to
  347  pay a fine of $50,000.
  348         b. Is 200 grams or more, but less than 400 grams, such
  349  person shall be sentenced to a mandatory minimum term of
  350  imprisonment of 7 years, and the defendant shall be ordered to
  351  pay a fine of $100,000.
  352         c. Is 400 grams or more, but less than 150 kilograms, such
  353  person shall be sentenced to a mandatory minimum term of
  354  imprisonment of 15 calendar years and pay a fine of $250,000.
  355         2. Any person who knowingly sells, purchases, manufactures,
  356  delivers, or brings into this state, or who is knowingly in
  357  actual or constructive possession of, 150 kilograms or more of
  358  cocaine, as described in s. 893.03(2)(a)4., commits the first
  359  degree felony of trafficking in cocaine. A person who has been
  360  convicted of the first degree felony of trafficking in cocaine
  361  under this subparagraph shall be punished by life imprisonment
  362  and is ineligible for any form of discretionary early release
  363  except pardon or executive clemency or conditional medical
  364  release under s. 947.149. However, if the court determines that,
  365  in addition to committing any act specified in this paragraph:
  366         a. The person intentionally killed an individual or
  367  counseled, commanded, induced, procured, or caused the
  368  intentional killing of an individual and such killing was the
  369  result; or
  370         b. The person’s conduct in committing that act led to a
  371  natural, though not inevitable, lethal result,
  372  
  373  such person commits the capital felony of trafficking in
  374  cocaine, punishable as provided in s. ss. 775.082 and 921.142.
  375  Any person sentenced for a capital felony under this paragraph
  376  shall also be sentenced to pay the maximum fine provided under
  377  subparagraph 1.
  378         3. Any person who knowingly brings into this state 300
  379  kilograms or more of cocaine, as described in s. 893.03(2)(a)4.,
  380  and who knows that the probable result of such importation would
  381  be the death of any person, commits capital importation of
  382  cocaine, a capital felony punishable as provided in s. ss.
  383  775.082 and 921.142. Any person sentenced for a capital felony
  384  under this paragraph shall also be sentenced to pay the maximum
  385  fine provided under subparagraph 1.
  386         (c)1. A person who knowingly sells, purchases,
  387  manufactures, delivers, or brings into this state, or who is
  388  knowingly in actual or constructive possession of, 4 grams or
  389  more of any morphine, opium, hydromorphone, or any salt,
  390  derivative, isomer, or salt of an isomer thereof, including
  391  heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or
  392  (3)(c)4., or 4 grams or more of any mixture containing any such
  393  substance, but less than 30 kilograms of such substance or
  394  mixture, commits a felony of the first degree, which felony
  395  shall be known as “trafficking in illegal drugs,” punishable as
  396  provided in s. 775.082, s. 775.083, or s. 775.084. If the
  397  quantity involved:
  398         a. Is 4 grams or more, but less than 14 grams, such person
  399  shall be sentenced to a mandatory minimum term of imprisonment
  400  of 3 years and shall be ordered to pay a fine of $50,000.
  401         b. Is 14 grams or more, but less than 28 grams, such person
  402  shall be sentenced to a mandatory minimum term of imprisonment
  403  of 15 years and shall be ordered to pay a fine of $100,000.
  404         c. Is 28 grams or more, but less than 30 kilograms, such
  405  person shall be sentenced to a mandatory minimum term of
  406  imprisonment of 25 years and shall be ordered to pay a fine of
  407  $500,000.
  408         2. A person who knowingly sells, purchases, manufactures,
  409  delivers, or brings into this state, or who is knowingly in
  410  actual or constructive possession of, 14 grams or more of
  411  hydrocodone, or any salt, derivative, isomer, or salt of an
  412  isomer thereof, or 14 grams or more of any mixture containing
  413  any such substance, commits a felony of the first degree, which
  414  felony shall be known as “trafficking in hydrocodone,”
  415  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  416  If the quantity involved:
  417         a. Is 14 grams or more, but less than 28 grams, such person
  418  shall be sentenced to a mandatory minimum term of imprisonment
  419  of 3 years and shall be ordered to pay a fine of $50,000.
  420         b. Is 28 grams or more, but less than 50 grams, such person
  421  shall be sentenced to a mandatory minimum term of imprisonment
  422  of 7 years and shall be ordered to pay a fine of $100,000.
  423         c. Is 50 grams or more, but less than 200 grams, such
  424  person shall be sentenced to a mandatory minimum term of
  425  imprisonment of 15 years and shall be ordered to pay a fine of
  426  $500,000.
  427         d. Is 200 grams or more, but less than 30 kilograms, such
  428  person shall be sentenced to a mandatory minimum term of
  429  imprisonment of 25 years and shall be ordered to pay a fine of
  430  $750,000.
  431         3. A person who knowingly sells, purchases, manufactures,
  432  delivers, or brings into this state, or who is knowingly in
  433  actual or constructive possession of, 7 grams or more of
  434  oxycodone, or any salt, derivative, isomer, or salt of an isomer
  435  thereof, or 7 grams or more of any mixture containing any such
  436  substance, commits a felony of the first degree, which felony
  437  shall be known as “trafficking in oxycodone,” punishable as
  438  provided in s. 775.082, s. 775.083, or s. 775.084. If the
  439  quantity involved:
  440         a. Is 7 grams or more, but less than 14 grams, such person
  441  shall be sentenced to a mandatory minimum term of imprisonment
  442  of 3 years and shall be ordered to pay a fine of $50,000.
  443         b. Is 14 grams or more, but less than 25 grams, such person
  444  shall be sentenced to a mandatory minimum term of imprisonment
  445  of 7 years and shall be ordered to pay a fine of $100,000.
  446         c. Is 25 grams or more, but less than 100 grams, such
  447  person shall be sentenced to a mandatory minimum term of
  448  imprisonment of 15 years and shall be ordered to pay a fine of
  449  $500,000.
  450         d. Is 100 grams or more, but less than 30 kilograms, such
  451  person shall be sentenced to a mandatory minimum term of
  452  imprisonment of 25 years and shall be ordered to pay a fine of
  453  $750,000.
  454         4. A person who knowingly sells, purchases, manufactures,
  455  delivers, or brings into this state, or who is knowingly in
  456  actual or constructive possession of, 30 kilograms or more of
  457  any morphine, opium, oxycodone, hydrocodone, hydromorphone, or
  458  any salt, derivative, isomer, or salt of an isomer thereof,
  459  including heroin, as described in s. 893.03(1)(b), (2)(a),
  460  (3)(c)3., or (3)(c)4., or 30 kilograms or more of any mixture
  461  containing any such substance, commits the first degree felony
  462  of trafficking in illegal drugs. A person who has been convicted
  463  of the first degree felony of trafficking in illegal drugs under
  464  this subparagraph shall be punished by life imprisonment and is
  465  ineligible for any form of discretionary early release except
  466  pardon or executive clemency or conditional medical release
  467  under s. 947.149. However, if the court determines that, in
  468  addition to committing any act specified in this paragraph:
  469         a. The person intentionally killed an individual or
  470  counseled, commanded, induced, procured, or caused the
  471  intentional killing of an individual and such killing was the
  472  result; or
  473         b. The person’s conduct in committing that act led to a
  474  natural, though not inevitable, lethal result,
  475  
  476  such person commits the capital felony of trafficking in illegal
  477  drugs, punishable as provided in s. ss. 775.082 and 921.142. A
  478  person sentenced for a capital felony under this paragraph shall
  479  also be sentenced to pay the maximum fine provided under
  480  subparagraph 1.
  481         5. A person who knowingly brings into this state 60
  482  kilograms or more of any morphine, opium, oxycodone,
  483  hydrocodone, hydromorphone, or any salt, derivative, isomer, or
  484  salt of an isomer thereof, including heroin, as described in s.
  485  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 60 kilograms or
  486  more of any mixture containing any such substance, and who knows
  487  that the probable result of such importation would be the death
  488  of a person, commits capital importation of illegal drugs, a
  489  capital felony punishable as provided in s. ss. 775.082 and
  490  921.142. A person sentenced for a capital felony under this
  491  paragraph shall also be sentenced to pay the maximum fine
  492  provided under subparagraph 1.
  493         (d)1. Any person who knowingly sells, purchases,
  494  manufactures, delivers, or brings into this state, or who is
  495  knowingly in actual or constructive possession of, 28 grams or
  496  more of phencyclidine or of any mixture containing
  497  phencyclidine, as described in s. 893.03(2)(b), commits a felony
  498  of the first degree, which felony shall be known as “trafficking
  499  in phencyclidine,” punishable as provided in s. 775.082, s.
  500  775.083, or s. 775.084. If the quantity involved:
  501         a. Is 28 grams or more, but less than 200 grams, such
  502  person shall be sentenced to a mandatory minimum term of
  503  imprisonment of 3 years, and the defendant shall be ordered to
  504  pay a fine of $50,000.
  505         b. Is 200 grams or more, but less than 400 grams, such
  506  person shall be sentenced to a mandatory minimum term of
  507  imprisonment of 7 years, and the defendant shall be ordered to
  508  pay a fine of $100,000.
  509         c. Is 400 grams or more, such person shall be sentenced to
  510  a mandatory minimum term of imprisonment of 15 calendar years
  511  and pay a fine of $250,000.
  512         2. Any person who knowingly brings into this state 800
  513  grams or more of phencyclidine or of any mixture containing
  514  phencyclidine, as described in s. 893.03(2)(b), and who knows
  515  that the probable result of such importation would be the death
  516  of any person commits capital importation of phencyclidine, a
  517  capital felony punishable as provided in s. ss. 775.082 and
  518  921.142. Any person sentenced for a capital felony under this
  519  paragraph shall also be sentenced to pay the maximum fine
  520  provided under subparagraph 1.
  521         (e)1. Any person who knowingly sells, purchases,
  522  manufactures, delivers, or brings into this state, or who is
  523  knowingly in actual or constructive possession of, 200 grams or
  524  more of methaqualone or of any mixture containing methaqualone,
  525  as described in s. 893.03(1)(d), commits a felony of the first
  526  degree, which felony shall be known as “trafficking in
  527  methaqualone,” punishable as provided in s. 775.082, s. 775.083,
  528  or s. 775.084. If the quantity involved:
  529         a. Is 200 grams or more, but less than 5 kilograms, such
  530  person shall be sentenced to a mandatory minimum term of
  531  imprisonment of 3 years, and the defendant shall be ordered to
  532  pay a fine of $50,000.
  533         b. Is 5 kilograms or more, but less than 25 kilograms, such
  534  person shall be sentenced to a mandatory minimum term of
  535  imprisonment of 7 years, and the defendant shall be ordered to
  536  pay a fine of $100,000.
  537         c. Is 25 kilograms or more, such person shall be sentenced
  538  to a mandatory minimum term of imprisonment of 15 calendar years
  539  and pay a fine of $250,000.
  540         2. Any person who knowingly brings into this state 50
  541  kilograms or more of methaqualone or of any mixture containing
  542  methaqualone, as described in s. 893.03(1)(d), and who knows
  543  that the probable result of such importation would be the death
  544  of any person commits capital importation of methaqualone, a
  545  capital felony punishable as provided in s. ss. 775.082 and
  546  921.142. Any person sentenced for a capital felony under this
  547  paragraph shall also be sentenced to pay the maximum fine
  548  provided under subparagraph 1.
  549         (f)1. Any person who knowingly sells, purchases,
  550  manufactures, delivers, or brings into this state, or who is
  551  knowingly in actual or constructive possession of, 14 grams or
  552  more of amphetamine, as described in s. 893.03(2)(c)2., or
  553  methamphetamine, as described in s. 893.03(2)(c)4., or of any
  554  mixture containing amphetamine or methamphetamine, or
  555  phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine
  556  in conjunction with other chemicals and equipment utilized in
  557  the manufacture of amphetamine or methamphetamine, commits a
  558  felony of the first degree, which felony shall be known as
  559  “trafficking in amphetamine,” punishable as provided in s.
  560  775.082, s. 775.083, or s. 775.084. If the quantity involved:
  561         a. Is 14 grams or more, but less than 28 grams, such person
  562  shall be sentenced to a mandatory minimum term of imprisonment
  563  of 3 years, and the defendant shall be ordered to pay a fine of
  564  $50,000.
  565         b. Is 28 grams or more, but less than 200 grams, such
  566  person shall be sentenced to a mandatory minimum term of
  567  imprisonment of 7 years, and the defendant shall be ordered to
  568  pay a fine of $100,000.
  569         c. Is 200 grams or more, such person shall be sentenced to
  570  a mandatory minimum term of imprisonment of 15 calendar years
  571  and pay a fine of $250,000.
  572         2. Any person who knowingly manufactures or brings into
  573  this state 400 grams or more of amphetamine, as described in s.
  574  893.03(2)(c)2., or methamphetamine, as described in s.
  575  893.03(2)(c)4., or of any mixture containing amphetamine or
  576  methamphetamine, or phenylacetone, phenylacetic acid,
  577  pseudoephedrine, or ephedrine in conjunction with other
  578  chemicals and equipment used in the manufacture of amphetamine
  579  or methamphetamine, and who knows that the probable result of
  580  such manufacture or importation would be the death of any person
  581  commits capital manufacture or importation of amphetamine, a
  582  capital felony punishable as provided in s. ss. 775.082 and
  583  921.142. Any person sentenced for a capital felony under this
  584  paragraph shall also be sentenced to pay the maximum fine
  585  provided under subparagraph 1.
  586         (g)1. Any person who knowingly sells, purchases,
  587  manufactures, delivers, or brings into this state, or who is
  588  knowingly in actual or constructive possession of, 4 grams or
  589  more of flunitrazepam or any mixture containing flunitrazepam as
  590  described in s. 893.03(1)(a) commits a felony of the first
  591  degree, which felony shall be known as “trafficking in
  592  flunitrazepam,” punishable as provided in s. 775.082, s.
  593  775.083, or s. 775.084. If the quantity involved:
  594         a. Is 4 grams or more but less than 14 grams, such person
  595  shall be sentenced to a mandatory minimum term of imprisonment
  596  of 3 years, and the defendant shall be ordered to pay a fine of
  597  $50,000.
  598         b. Is 14 grams or more but less than 28 grams, such person
  599  shall be sentenced to a mandatory minimum term of imprisonment
  600  of 7 years, and the defendant shall be ordered to pay a fine of
  601  $100,000.
  602         c. Is 28 grams or more but less than 30 kilograms, such
  603  person shall be sentenced to a mandatory minimum term of
  604  imprisonment of 25 calendar years and pay a fine of $500,000.
  605         2. Any person who knowingly sells, purchases, manufactures,
  606  delivers, or brings into this state or who is knowingly in
  607  actual or constructive possession of 30 kilograms or more of
  608  flunitrazepam or any mixture containing flunitrazepam as
  609  described in s. 893.03(1)(a) commits the first degree felony of
  610  trafficking in flunitrazepam. A person who has been convicted of
  611  the first degree felony of trafficking in flunitrazepam under
  612  this subparagraph shall be punished by life imprisonment and is
  613  ineligible for any form of discretionary early release except
  614  pardon or executive clemency or conditional medical release
  615  under s. 947.149. However, if the court determines that, in
  616  addition to committing any act specified in this paragraph:
  617         a. The person intentionally killed an individual or
  618  counseled, commanded, induced, procured, or caused the
  619  intentional killing of an individual and such killing was the
  620  result; or
  621         b. The person’s conduct in committing that act led to a
  622  natural, though not inevitable, lethal result,
  623  
  624  such person commits the capital felony of trafficking in
  625  flunitrazepam, punishable as provided in s. ss. 775.082 and
  626  921.142. Any person sentenced for a capital felony under this
  627  paragraph shall also be sentenced to pay the maximum fine
  628  provided under subparagraph 1.
  629         (h)1. Any person who knowingly sells, purchases,
  630  manufactures, delivers, or brings into this state, or who is
  631  knowingly in actual or constructive possession of, 1 kilogram or
  632  more of gamma-hydroxybutyric acid (GHB), as described in s.
  633  893.03(1)(d), or any mixture containing gamma-hydroxybutyric
  634  acid (GHB), commits a felony of the first degree, which felony
  635  shall be known as “trafficking in gamma-hydroxybutyric acid
  636  (GHB),” punishable as provided in s. 775.082, s. 775.083, or s.
  637  775.084. If the quantity involved:
  638         a. Is 1 kilogram or more but less than 5 kilograms, such
  639  person shall be sentenced to a mandatory minimum term of
  640  imprisonment of 3 years, and the defendant shall be ordered to
  641  pay a fine of $50,000.
  642         b. Is 5 kilograms or more but less than 10 kilograms, such
  643  person shall be sentenced to a mandatory minimum term of
  644  imprisonment of 7 years, and the defendant shall be ordered to
  645  pay a fine of $100,000.
  646         c. Is 10 kilograms or more, such person shall be sentenced
  647  to a mandatory minimum term of imprisonment of 15 calendar years
  648  and pay a fine of $250,000.
  649         2. Any person who knowingly manufactures or brings into
  650  this state 150 kilograms or more of gamma-hydroxybutyric acid
  651  (GHB), as described in s. 893.03(1)(d), or any mixture
  652  containing gamma-hydroxybutyric acid (GHB), and who knows that
  653  the probable result of such manufacture or importation would be
  654  the death of any person commits capital manufacture or
  655  importation of gamma-hydroxybutyric acid (GHB), a capital felony
  656  punishable as provided in s. ss. 775.082 and 921.142. Any person
  657  sentenced for a capital felony under this paragraph shall also
  658  be sentenced to pay the maximum fine provided under subparagraph
  659  1.
  660         (i)1. Any person who knowingly sells, purchases,
  661  manufactures, delivers, or brings into this state, or who is
  662  knowingly in actual or constructive possession of, 1 kilogram or
  663  more of gamma-butyrolactone (GBL), as described in s.
  664  893.03(1)(d), or any mixture containing gamma-butyrolactone
  665  (GBL), commits a felony of the first degree, which felony shall
  666  be known as “trafficking in gamma-butyrolactone (GBL),”
  667  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  668  If the quantity involved:
  669         a. Is 1 kilogram or more but less than 5 kilograms, such
  670  person shall be sentenced to a mandatory minimum term of
  671  imprisonment of 3 years, and the defendant shall be ordered to
  672  pay a fine of $50,000.
  673         b. Is 5 kilograms or more but less than 10 kilograms, such
  674  person shall be sentenced to a mandatory minimum term of
  675  imprisonment of 7 years, and the defendant shall be ordered to
  676  pay a fine of $100,000.
  677         c. Is 10 kilograms or more, such person shall be sentenced
  678  to a mandatory minimum term of imprisonment of 15 calendar years
  679  and pay a fine of $250,000.
  680         2. Any person who knowingly manufactures or brings into the
  681  state 150 kilograms or more of gamma-butyrolactone (GBL), as
  682  described in s. 893.03(1)(d), or any mixture containing gamma
  683  butyrolactone (GBL), and who knows that the probable result of
  684  such manufacture or importation would be the death of any person
  685  commits capital manufacture or importation of gamma
  686  butyrolactone (GBL), a capital felony punishable as provided in
  687  s. ss. 775.082 and 921.142. Any person sentenced for a capital
  688  felony under this paragraph shall also be sentenced to pay the
  689  maximum fine provided under subparagraph 1.
  690         (j)1. Any person who knowingly sells, purchases,
  691  manufactures, delivers, or brings into this state, or who is
  692  knowingly in actual or constructive possession of, 1 kilogram or
  693  more of 1,4-Butanediol as described in s. 893.03(1)(d), or of
  694  any mixture containing 1,4-Butanediol, commits a felony of the
  695  first degree, which felony shall be known as “trafficking in
  696  1,4-Butanediol,” punishable as provided in s. 775.082, s.
  697  775.083, or s. 775.084. If the quantity involved:
  698         a. Is 1 kilogram or more, but less than 5 kilograms, such
  699  person shall be sentenced to a mandatory minimum term of
  700  imprisonment of 3 years, and the defendant shall be ordered to
  701  pay a fine of $50,000.
  702         b. Is 5 kilograms or more, but less than 10 kilograms, such
  703  person shall be sentenced to a mandatory minimum term of
  704  imprisonment of 7 years, and the defendant shall be ordered to
  705  pay a fine of $100,000.
  706         c. Is 10 kilograms or more, such person shall be sentenced
  707  to a mandatory minimum term of imprisonment of 15 calendar years
  708  and pay a fine of $500,000.
  709         2. Any person who knowingly manufactures or brings into
  710  this state 150 kilograms or more of 1,4-Butanediol as described
  711  in s. 893.03(1)(d), or any mixture containing 1,4-Butanediol,
  712  and who knows that the probable result of such manufacture or
  713  importation would be the death of any person commits capital
  714  manufacture or importation of 1,4-Butanediol, a capital felony
  715  punishable as provided in s. ss. 775.082 and 921.142. Any person
  716  sentenced for a capital felony under this paragraph shall also
  717  be sentenced to pay the maximum fine provided under subparagraph
  718  1.
  719         (k)1. A person who knowingly sells, purchases,
  720  manufactures, delivers, or brings into this state, or who is
  721  knowingly in actual or constructive possession of, 10 grams or
  722  more of any of the following substances described in s.
  723  893.03(1)(c):
  724         a. 3,4-Methylenedioxymethamphetamine (MDMA);
  725         b. 4-Bromo-2,5-dimethoxyamphetamine;
  726         c. 4-Bromo-2,5-dimethoxyphenethylamine;
  727         d. 2,5-Dimethoxyamphetamine;
  728         e. 2,5-Dimethoxy-4-ethylamphetamine (DOET);
  729         f. N-ethylamphetamine;
  730         g. N-Hydroxy-3,4-methylenedioxyamphetamine;
  731         h. 5-Methoxy-3,4-methylenedioxyamphetamine;
  732         i. 4-methoxyamphetamine;
  733         j. 4-methoxymethamphetamine;
  734         k. 4-Methyl-2,5-dimethoxyamphetamine;
  735         l. 3,4-Methylenedioxy-N-ethylamphetamine;
  736         m. 3,4-Methylenedioxyamphetamine;
  737         n. N,N-dimethylamphetamine;
  738         o. 3,4,5-Trimethoxyamphetamine;
  739         p. 3,4-Methylenedioxymethcathinone;
  740         q. 3,4-Methylenedioxypyrovalerone (MDPV); or
  741         r. Methylmethcathinone,
  742  
  743  individually or analogs thereto or isomers thereto or in any
  744  combination of or any mixture containing any substance listed in
  745  sub-subparagraphs a.-r., commits a felony of the first degree,
  746  which felony shall be known as “trafficking in Phenethylamines,”
  747  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  748         2. If the quantity involved:
  749         a. Is 10 grams or more, but less than 200 grams, such
  750  person shall be sentenced to a mandatory minimum term of
  751  imprisonment of 3 years and shall be ordered to pay a fine of
  752  $50,000.
  753         b. Is 200 grams or more, but less than 400 grams, such
  754  person shall be sentenced to a mandatory minimum term of
  755  imprisonment of 7 years and shall be ordered to pay a fine of
  756  $100,000.
  757         c. Is 400 grams or more, such person shall be sentenced to
  758  a mandatory minimum term of imprisonment of 15 years and shall
  759  be ordered to pay a fine of $250,000.
  760         3. A person who knowingly manufactures or brings into this
  761  state 30 kilograms or more of any of the following substances
  762  described in s. 893.03(1)(c):
  763         a. 3,4-Methylenedioxymethamphetamine (MDMA);
  764         b. 4-Bromo-2,5-dimethoxyamphetamine;
  765         c. 4-Bromo-2,5-dimethoxyphenethylamine;
  766         d. 2,5-Dimethoxyamphetamine;
  767         e. 2,5-Dimethoxy-4-ethylamphetamine (DOET);
  768         f. N-ethylamphetamine;
  769         g. N-Hydroxy-3,4-methylenedioxyamphetamine;
  770         h. 5-Methoxy-3,4-methylenedioxyamphetamine;
  771         i. 4-methoxyamphetamine;
  772         j. 4-methoxymethamphetamine;
  773         k. 4-Methyl-2,5-dimethoxyamphetamine;
  774         l. 3,4-Methylenedioxy-N-ethylamphetamine;
  775         m. 3,4-Methylenedioxyamphetamine;
  776         n. N,N-dimethylamphetamine;
  777         o. 3,4,5-Trimethoxyamphetamine;
  778         p. 3,4-Methylenedioxymethcathinone;
  779         q. 3,4-Methylenedioxypyrovalerone (MDPV); or
  780         r. Methylmethcathinone,
  781  
  782  individually or analogs thereto or isomers thereto or in any
  783  combination of or any mixture containing any substance listed in
  784  sub-subparagraphs a.-r., and who knows that the probable result
  785  of such manufacture or importation would be the death of any
  786  person commits capital manufacture or importation of
  787  Phenethylamines, a capital felony punishable as provided in s.
  788  ss. 775.082 and 921.142. A person sentenced for a capital felony
  789  under this paragraph shall also be sentenced to pay the maximum
  790  fine provided under subparagraph 1.
  791         (l)1. Any person who knowingly sells, purchases,
  792  manufactures, delivers, or brings into this state, or who is
  793  knowingly in actual or constructive possession of, 1 gram or
  794  more of lysergic acid diethylamide (LSD) as described in s.
  795  893.03(1)(c), or of any mixture containing lysergic acid
  796  diethylamide (LSD), commits a felony of the first degree, which
  797  felony shall be known as “trafficking in lysergic acid
  798  diethylamide (LSD),” punishable as provided in s. 775.082, s.
  799  775.083, or s. 775.084. If the quantity involved:
  800         a. Is 1 gram or more, but less than 5 grams, such person
  801  shall be sentenced to a mandatory minimum term of imprisonment
  802  of 3 years, and the defendant shall be ordered to pay a fine of
  803  $50,000.
  804         b. Is 5 grams or more, but less than 7 grams, such person
  805  shall be sentenced to a mandatory minimum term of imprisonment
  806  of 7 years, and the defendant shall be ordered to pay a fine of
  807  $100,000.
  808         c. Is 7 grams or more, such person shall be sentenced to a
  809  mandatory minimum term of imprisonment of 15 calendar years and
  810  pay a fine of $500,000.
  811         2. Any person who knowingly manufactures or brings into
  812  this state 7 grams or more of lysergic acid diethylamide (LSD)
  813  as described in s. 893.03(1)(c), or any mixture containing
  814  lysergic acid diethylamide (LSD), and who knows that the
  815  probable result of such manufacture or importation would be the
  816  death of any person commits capital manufacture or importation
  817  of lysergic acid diethylamide (LSD), a capital felony punishable
  818  as provided in s. ss. 775.082 and 921.142. Any person sentenced
  819  for a capital felony under this paragraph shall also be
  820  sentenced to pay the maximum fine provided under subparagraph 1.
  821         Section 18. Sections 922.052, 922.06, 922.07, 922.08,
  822  922.095, 922.10, 922.105, 922.108, 922.11, 922.111, 922.12,
  823  922.14, 922.15, 924.055, 924.056, and 924.057, Florida Statutes,
  824  are repealed.
  825         Section 19. Subsection (4) of section 925.11, Florida
  826  Statutes, is amended to read:
  827         925.11 Postsentencing DNA testing.—
  828         (4) PRESERVATION OF EVIDENCE.—
  829         (a) Governmental entities that may be in possession of any
  830  physical evidence in the case, including, but not limited to,
  831  any investigating law enforcement agency, the clerk of the
  832  court, the prosecuting authority, or the Department of Law
  833  Enforcement shall maintain any physical evidence collected at
  834  the time of the crime for which a postsentencing testing of DNA
  835  may be requested.
  836         (b) In a case in which the death penalty is imposed, the
  837  evidence shall be maintained for 60 days after execution of the
  838  sentence. In all other cases, a governmental entity may dispose
  839  of the physical evidence if the term of the sentence imposed in
  840  the case has expired and no other provision of law or rule
  841  requires that the physical evidence be preserved or retained.
  842         Section 20. Paragraphs (g) and (h) of subsection (1) and
  843  subsection (2) of section 945.10, Florida Statutes, are amended
  844  to read:
  845         945.10 Confidential information.—
  846         (1) Except as otherwise provided by law or in this section,
  847  the following records and information held by the Department of
  848  Corrections are confidential and exempt from the provisions of
  849  s. 119.07(1) and s. 24(a), Art. I of the State Constitution:
  850         (g) Information which identifies an executioner, or any
  851  person prescribing, preparing, compounding, dispensing, or
  852  administering a lethal injection.
  853         (g)(h) Records that are otherwise confidential or exempt
  854  from public disclosure by law.
  855         (2) The records and information specified in subsection
  856  paragraphs (1)(a)-(h) may be released as follows unless
  857  expressly prohibited by federal law:
  858         (a) Information specified in paragraphs (1)(b), (d), and
  859  (f) to the Office of the Governor, the Legislature, the Florida
  860  Commission on Offender Review, the Department of Children and
  861  Families, a private correctional facility or program that
  862  operates under a contract, the Department of Legal Affairs, a
  863  state attorney, the court, or a law enforcement agency. A
  864  request for records or information pursuant to this paragraph
  865  need not be in writing.
  866         (b) Information specified in paragraphs (1)(c), (e), and
  867  (g)(h) to the Office of the Governor, the Legislature, the
  868  Florida Commission on Offender Review, the Department of
  869  Children and Families, a private correctional facility or
  870  program that operates under contract, the Department of Legal
  871  Affairs, a state attorney, the court, or a law enforcement
  872  agency. A request for records or information pursuant to this
  873  paragraph must be in writing and a statement provided
  874  demonstrating a need for the records or information.
  875         (c) Information specified in paragraph (1)(b) to an
  876  attorney representing an inmate under sentence of death, except
  877  those portions of the records containing a victim’s statement or
  878  address, or the statement or address of a relative of the
  879  victim. A request for records of information pursuant to this
  880  paragraph must be in writing and a statement provided
  881  demonstrating a need for the records or information.
  882         (d) Information specified in paragraph (1)(b) to a public
  883  defender representing a defendant, except those portions of the
  884  records containing a victim’s statement or address, or the
  885  statement or address of a relative of the victim. A request for
  886  records or information pursuant to this paragraph need not be in
  887  writing.
  888         (e) Information specified in paragraph (1)(b) to state or
  889  local governmental agencies. A request for records or
  890  information pursuant to this paragraph must be in writing and a
  891  statement provided demonstrating a need for the records or
  892  information.
  893         (f) Information specified in paragraph (1)(b) to a person
  894  conducting legitimate research. A request for records and
  895  information pursuant to this paragraph must be in writing, the
  896  person requesting the records or information must sign a
  897  confidentiality agreement, and the department must approve the
  898  request in writing.
  899         (g) Information specified in paragraph (1)(a) to the
  900  Department of Health and the county health department where an
  901  inmate plans to reside if he or she has tested positive for the
  902  presence of the antibody or antigen to human immunodeficiency
  903  virus infection.
  904  
  905  Records and information released under this subsection remain
  906  confidential and exempt from the provisions of s. 119.07(1) and
  907  s. 24(a), Art. I of the State Constitution when held by the
  908  receiving person or entity.
  909         Section 21. This act shall take effect July 1, 2016.