Florida Senate - 2017                                     SB 280
       
       
        
       By Senator Bracy
       
       11-00363-17                                            2017280__
    1                        A bill to be entitled                      
    2         An act relating to sentencing for capital felonies;
    3         amending ss. 921.141 and 921.142, F.S.; requiring jury
    4         unanimity rather than a certain number of jurors for a
    5         sentencing recommendation of death; reenacting ss.
    6         775.082(1)(a), 782.04(1)(b), and 794.011(2)(a), F.S.,
    7         relating to the punishment for a conviction of a
    8         capital felony, procedures for determining a sentence
    9         of death or life imprisonment, and sexual battery,
   10         respectively, to incorporate the amendment made to s.
   11         921.141, F.S., in references thereto; reenacting s.
   12         893.135(1)(b), (c), (d), (e), (f), (g), (h), (i), (j),
   13         (k), and (l), F.S., relating to the punishments for
   14         capital drug trafficking felonies, to incorporate the
   15         amendment made to s. 921.142, F.S., in references
   16         thereto; providing an effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Paragraph (c) of subsection (2) of section
   21  921.141, Florida Statutes, is amended to read:
   22         921.141 Sentence of death or life imprisonment for capital
   23  felonies; further proceedings to determine sentence.—
   24         (2) FINDINGS AND RECOMMENDED SENTENCE BY THE JURY.—This
   25  subsection applies only if the defendant has not waived his or
   26  her right to a sentencing proceeding by a jury.
   27         (c) If a unanimous jury determines at least 10 jurors
   28  determine that the defendant should be sentenced to death, the
   29  jury’s recommendation to the court shall be a sentence of death.
   30  If a unanimous jury does not fewer than 10 jurors determine that
   31  the defendant should be sentenced to death, the jury’s
   32  recommendation to the court shall be a sentence of life
   33  imprisonment without the possibility of parole.
   34         Section 2. Paragraph (c) of subsection (3) of section
   35  921.142, Florida Statutes, is amended to read:
   36         921.142 Sentence of death or life imprisonment for capital
   37  drug trafficking felonies; further proceedings to determine
   38  sentence.—
   39         (3) FINDINGS AND RECOMMENDED SENTENCE BY THE JURY.—This
   40  subsection applies only if the defendant has not waived his or
   41  her right to a sentencing proceeding by a jury.
   42         (c) If a unanimous jury determines at least 10 jurors
   43  determine that the defendant should be sentenced to death, the
   44  jury’s recommendation to the court shall be a sentence of death.
   45  If a unanimous jury does not fewer than 10 jurors determine that
   46  the defendant should be sentenced to death, the jury’s
   47  recommendation to the court shall be a sentence of life
   48  imprisonment without the possibility of parole.
   49         Section 3. For the purpose of incorporating the amendment
   50  made by this act to section 921.141, Florida Statutes, in a
   51  reference thereto, paragraph (a) of subsection (1) of section
   52  775.082, Florida Statutes, is reenacted to read:
   53         775.082 Penalties; applicability of sentencing structures;
   54  mandatory minimum sentences for certain reoffenders previously
   55  released from prison.—
   56         (1)(a) Except as provided in paragraph (b), a person who
   57  has been convicted of a capital felony shall be punished by
   58  death if the proceeding held to determine sentence according to
   59  the procedure set forth in s. 921.141 results in a determination
   60  that such person shall be punished by death, otherwise such
   61  person shall be punished by life imprisonment and shall be
   62  ineligible for parole.
   63         Section 4. For the purpose of incorporating the amendment
   64  made by this act to section 921.141, Florida Statutes, in a
   65  reference thereto, paragraph (b) of subsection (1) of section
   66  782.04, Florida Statutes, is reenacted to read:
   67         782.04 Murder.—
   68         (1)
   69         (b) In all cases under this section, the procedure set
   70  forth in s. 921.141 shall be followed in order to determine
   71  sentence of death or life imprisonment. If the prosecutor
   72  intends to seek the death penalty, the prosecutor must give
   73  notice to the defendant and file the notice with the court
   74  within 45 days after arraignment. The notice must contain a list
   75  of the aggravating factors the state intends to prove and has
   76  reason to believe it can prove beyond a reasonable doubt. The
   77  court may allow the prosecutor to amend the notice upon a
   78  showing of good cause.
   79         Section 5. For the purpose of incorporating the amendment
   80  made by this act to section 921.141, Florida Statutes, in a
   81  reference thereto, paragraph (a) of subsection (2) of section
   82  794.011, Florida Statutes, is reenacted to read:
   83         794.011 Sexual battery.—
   84         (2)(a) A person 18 years of age or older who commits sexual
   85  battery upon, or in an attempt to commit sexual battery injures
   86  the sexual organs of, a person less than 12 years of age commits
   87  a capital felony, punishable as provided in ss. 775.082 and
   88  921.141.
   89         Section 6. For the purpose of incorporating the amendment
   90  made by this act to section 921.142, Florida Statutes, in
   91  references thereto, paragraphs (b) through (l) of subsection (1)
   92  of section 893.135, Florida Statutes, are reenacted to read:
   93         893.135 Trafficking; mandatory sentences; suspension or
   94  reduction of sentences; conspiracy to engage in trafficking.—
   95         (1) Except as authorized in this chapter or in chapter 499
   96  and notwithstanding the provisions of s. 893.13:
   97         (b)1. Any person who knowingly sells, purchases,
   98  manufactures, delivers, or brings into this state, or who is
   99  knowingly in actual or constructive possession of, 28 grams or
  100  more of cocaine, as described in s. 893.03(2)(a)4., or of any
  101  mixture containing cocaine, but less than 150 kilograms of
  102  cocaine or any such mixture, commits a felony of the first
  103  degree, which felony shall be known as “trafficking in cocaine,”
  104  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  105  If the quantity involved:
  106         a. Is 28 grams or more, but less than 200 grams, such
  107  person shall be sentenced to a mandatory minimum term of
  108  imprisonment of 3 years, and the defendant shall be ordered to
  109  pay a fine of $50,000.
  110         b. Is 200 grams or more, but less than 400 grams, such
  111  person shall be sentenced to a mandatory minimum term of
  112  imprisonment of 7 years, and the defendant shall be ordered to
  113  pay a fine of $100,000.
  114         c. Is 400 grams or more, but less than 150 kilograms, such
  115  person shall be sentenced to a mandatory minimum term of
  116  imprisonment of 15 calendar years and pay a fine of $250,000.
  117         2. Any person who knowingly sells, purchases, manufactures,
  118  delivers, or brings into this state, or who is knowingly in
  119  actual or constructive possession of, 150 kilograms or more of
  120  cocaine, as described in s. 893.03(2)(a)4., commits the first
  121  degree felony of trafficking in cocaine. A person who has been
  122  convicted of the first degree felony of trafficking in cocaine
  123  under this subparagraph shall be punished by life imprisonment
  124  and is ineligible for any form of discretionary early release
  125  except pardon or executive clemency or conditional medical
  126  release under s. 947.149. However, if the court determines that,
  127  in addition to committing any act specified in this paragraph:
  128         a. The person intentionally killed an individual or
  129  counseled, commanded, induced, procured, or caused the
  130  intentional killing of an individual and such killing was the
  131  result; or
  132         b. The person’s conduct in committing that act led to a
  133  natural, though not inevitable, lethal result,
  134  
  135  such person commits the capital felony of trafficking in
  136  cocaine, punishable as provided in ss. 775.082 and 921.142. Any
  137  person sentenced for a capital felony under this paragraph shall
  138  also be sentenced to pay the maximum fine provided under
  139  subparagraph 1.
  140         3. Any person who knowingly brings into this state 300
  141  kilograms or more of cocaine, as described in s. 893.03(2)(a)4.,
  142  and who knows that the probable result of such importation would
  143  be the death of any person, commits capital importation of
  144  cocaine, a capital felony punishable as provided in ss. 775.082
  145  and 921.142. Any person sentenced for a capital felony under
  146  this paragraph shall also be sentenced to pay the maximum fine
  147  provided under subparagraph 1.
  148         (c)1. A person who knowingly sells, purchases,
  149  manufactures, delivers, or brings into this state, or who is
  150  knowingly in actual or constructive possession of, 4 grams or
  151  more of any morphine, opium, hydromorphone, or any salt,
  152  derivative, isomer, or salt of an isomer thereof, including
  153  heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or
  154  (3)(c)4., or 4 grams or more of any mixture containing any such
  155  substance, but less than 30 kilograms of such substance or
  156  mixture, commits a felony of the first degree, which felony
  157  shall be known as “trafficking in illegal drugs,” punishable as
  158  provided in s. 775.082, s. 775.083, or s. 775.084. If the
  159  quantity involved:
  160         a. Is 4 grams or more, but less than 14 grams, such person
  161  shall be sentenced to a mandatory minimum term of imprisonment
  162  of 3 years and shall be ordered to pay a fine of $50,000.
  163         b. Is 14 grams or more, but less than 28 grams, such person
  164  shall be sentenced to a mandatory minimum term of imprisonment
  165  of 15 years and shall be ordered to pay a fine of $100,000.
  166         c. Is 28 grams or more, but less than 30 kilograms, such
  167  person shall be sentenced to a mandatory minimum term of
  168  imprisonment of 25 years and shall be ordered to pay a fine of
  169  $500,000.
  170         2. A person who knowingly sells, purchases, manufactures,
  171  delivers, or brings into this state, or who is knowingly in
  172  actual or constructive possession of, 14 grams or more of
  173  hydrocodone, or any salt, derivative, isomer, or salt of an
  174  isomer thereof, or 14 grams or more of any mixture containing
  175  any such substance, commits a felony of the first degree, which
  176  felony shall be known as “trafficking in hydrocodone,”
  177  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  178  If the quantity involved:
  179         a. Is 14 grams or more, but less than 28 grams, such person
  180  shall be sentenced to a mandatory minimum term of imprisonment
  181  of 3 years and shall be ordered to pay a fine of $50,000.
  182         b. Is 28 grams or more, but less than 50 grams, such person
  183  shall be sentenced to a mandatory minimum term of imprisonment
  184  of 7 years and shall be ordered to pay a fine of $100,000.
  185         c. Is 50 grams or more, but less than 200 grams, such
  186  person shall be sentenced to a mandatory minimum term of
  187  imprisonment of 15 years and shall be ordered to pay a fine of
  188  $500,000.
  189         d. Is 200 grams or more, but less than 30 kilograms, such
  190  person shall be sentenced to a mandatory minimum term of
  191  imprisonment of 25 years and shall be ordered to pay a fine of
  192  $750,000.
  193         3. A person who knowingly sells, purchases, manufactures,
  194  delivers, or brings into this state, or who is knowingly in
  195  actual or constructive possession of, 7 grams or more of
  196  oxycodone, or any salt, derivative, isomer, or salt of an isomer
  197  thereof, or 7 grams or more of any mixture containing any such
  198  substance, commits a felony of the first degree, which felony
  199  shall be known as “trafficking in oxycodone,” punishable as
  200  provided in s. 775.082, s. 775.083, or s. 775.084. If the
  201  quantity involved:
  202         a. Is 7 grams or more, but less than 14 grams, such person
  203  shall be sentenced to a mandatory minimum term of imprisonment
  204  of 3 years and shall be ordered to pay a fine of $50,000.
  205         b. Is 14 grams or more, but less than 25 grams, such person
  206  shall be sentenced to a mandatory minimum term of imprisonment
  207  of 7 years and shall be ordered to pay a fine of $100,000.
  208         c. Is 25 grams or more, but less than 100 grams, such
  209  person shall be sentenced to a mandatory minimum term of
  210  imprisonment of 15 years and shall be ordered to pay a fine of
  211  $500,000.
  212         d. Is 100 grams or more, but less than 30 kilograms, such
  213  person shall be sentenced to a mandatory minimum term of
  214  imprisonment of 25 years and shall be ordered to pay a fine of
  215  $750,000.
  216         4. A person who knowingly sells, purchases, manufactures,
  217  delivers, or brings into this state, or who is knowingly in
  218  actual or constructive possession of, 30 kilograms or more of
  219  any morphine, opium, oxycodone, hydrocodone, hydromorphone, or
  220  any salt, derivative, isomer, or salt of an isomer thereof,
  221  including heroin, as described in s. 893.03(1)(b), (2)(a),
  222  (3)(c)3., or (3)(c)4., or 30 kilograms or more of any mixture
  223  containing any such substance, commits the first degree felony
  224  of trafficking in illegal drugs. A person who has been convicted
  225  of the first degree felony of trafficking in illegal drugs under
  226  this subparagraph shall be punished by life imprisonment and is
  227  ineligible for any form of discretionary early release except
  228  pardon or executive clemency or conditional medical release
  229  under s. 947.149. However, if the court determines that, in
  230  addition to committing any act specified in this paragraph:
  231         a. The person intentionally killed an individual or
  232  counseled, commanded, induced, procured, or caused the
  233  intentional killing of an individual and such killing was the
  234  result; or
  235         b. The person’s conduct in committing that act led to a
  236  natural, though not inevitable, lethal result,
  237  
  238  such person commits the capital felony of trafficking in illegal
  239  drugs, punishable as provided in ss. 775.082 and 921.142. A
  240  person sentenced for a capital felony under this paragraph shall
  241  also be sentenced to pay the maximum fine provided under
  242  subparagraph 1.
  243         5. A person who knowingly brings into this state 60
  244  kilograms or more of any morphine, opium, oxycodone,
  245  hydrocodone, hydromorphone, or any salt, derivative, isomer, or
  246  salt of an isomer thereof, including heroin, as described in s.
  247  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 60 kilograms or
  248  more of any mixture containing any such substance, and who knows
  249  that the probable result of such importation would be the death
  250  of a person, commits capital importation of illegal drugs, a
  251  capital felony punishable as provided in ss. 775.082 and
  252  921.142. A person sentenced for a capital felony under this
  253  paragraph shall also be sentenced to pay the maximum fine
  254  provided under subparagraph 1.
  255         (d)1. Any person who knowingly sells, purchases,
  256  manufactures, delivers, or brings into this state, or who is
  257  knowingly in actual or constructive possession of, 28 grams or
  258  more of phencyclidine or of any mixture containing
  259  phencyclidine, as described in s. 893.03(2)(b), commits a felony
  260  of the first degree, which felony shall be known as “trafficking
  261  in phencyclidine,” punishable as provided in s. 775.082, s.
  262  775.083, or s. 775.084. If the quantity involved:
  263         a. Is 28 grams or more, but less than 200 grams, such
  264  person shall be sentenced to a mandatory minimum term of
  265  imprisonment of 3 years, and the defendant shall be ordered to
  266  pay a fine of $50,000.
  267         b. Is 200 grams or more, but less than 400 grams, such
  268  person shall be sentenced to a mandatory minimum term of
  269  imprisonment of 7 years, and the defendant shall be ordered to
  270  pay a fine of $100,000.
  271         c. Is 400 grams or more, such person shall be sentenced to
  272  a mandatory minimum term of imprisonment of 15 calendar years
  273  and pay a fine of $250,000.
  274         2. Any person who knowingly brings into this state 800
  275  grams or more of phencyclidine or of any mixture containing
  276  phencyclidine, as described in s. 893.03(2)(b), and who knows
  277  that the probable result of such importation would be the death
  278  of any person commits capital importation of phencyclidine, a
  279  capital felony punishable as provided in ss. 775.082 and
  280  921.142. Any person sentenced for a capital felony under this
  281  paragraph shall also be sentenced to pay the maximum fine
  282  provided under subparagraph 1.
  283         (e)1. Any person who knowingly sells, purchases,
  284  manufactures, delivers, or brings into this state, or who is
  285  knowingly in actual or constructive possession of, 200 grams or
  286  more of methaqualone or of any mixture containing methaqualone,
  287  as described in s. 893.03(1)(d), commits a felony of the first
  288  degree, which felony shall be known as “trafficking in
  289  methaqualone,” punishable as provided in s. 775.082, s. 775.083,
  290  or s. 775.084. If the quantity involved:
  291         a. Is 200 grams or more, but less than 5 kilograms, such
  292  person shall be sentenced to a mandatory minimum term of
  293  imprisonment of 3 years, and the defendant shall be ordered to
  294  pay a fine of $50,000.
  295         b. Is 5 kilograms or more, but less than 25 kilograms, such
  296  person shall be sentenced to a mandatory minimum term of
  297  imprisonment of 7 years, and the defendant shall be ordered to
  298  pay a fine of $100,000.
  299         c. Is 25 kilograms or more, such person shall be sentenced
  300  to a mandatory minimum term of imprisonment of 15 calendar years
  301  and pay a fine of $250,000.
  302         2. Any person who knowingly brings into this state 50
  303  kilograms or more of methaqualone or of any mixture containing
  304  methaqualone, as described in s. 893.03(1)(d), and who knows
  305  that the probable result of such importation would be the death
  306  of any person commits capital importation of methaqualone, a
  307  capital felony punishable as provided in ss. 775.082 and
  308  921.142. Any person sentenced for a capital felony under this
  309  paragraph shall also be sentenced to pay the maximum fine
  310  provided under subparagraph 1.
  311         (f)1. Any person who knowingly sells, purchases,
  312  manufactures, delivers, or brings into this state, or who is
  313  knowingly in actual or constructive possession of, 14 grams or
  314  more of amphetamine, as described in s. 893.03(2)(c)2., or
  315  methamphetamine, as described in s. 893.03(2)(c)4., or of any
  316  mixture containing amphetamine or methamphetamine, or
  317  phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine
  318  in conjunction with other chemicals and equipment utilized in
  319  the manufacture of amphetamine or methamphetamine, commits a
  320  felony of the first degree, which felony shall be known as
  321  “trafficking in amphetamine,” punishable as provided in s.
  322  775.082, s. 775.083, or s. 775.084. If the quantity involved:
  323         a. Is 14 grams or more, but less than 28 grams, such person
  324  shall be sentenced to a mandatory minimum term of imprisonment
  325  of 3 years, and the defendant shall be ordered to pay a fine of
  326  $50,000.
  327         b. Is 28 grams or more, but less than 200 grams, such
  328  person shall be sentenced to a mandatory minimum term of
  329  imprisonment of 7 years, and the defendant shall be ordered to
  330  pay a fine of $100,000.
  331         c. Is 200 grams or more, such person shall be sentenced to
  332  a mandatory minimum term of imprisonment of 15 calendar years
  333  and pay a fine of $250,000.
  334         2. Any person who knowingly manufactures or brings into
  335  this state 400 grams or more of amphetamine, as described in s.
  336  893.03(2)(c)2., or methamphetamine, as described in s.
  337  893.03(2)(c)4., or of any mixture containing amphetamine or
  338  methamphetamine, or phenylacetone, phenylacetic acid,
  339  pseudoephedrine, or ephedrine in conjunction with other
  340  chemicals and equipment used in the manufacture of amphetamine
  341  or methamphetamine, and who knows that the probable result of
  342  such manufacture or importation would be the death of any person
  343  commits capital manufacture or importation of amphetamine, a
  344  capital felony punishable as provided in ss. 775.082 and
  345  921.142. Any person sentenced for a capital felony under this
  346  paragraph shall also be sentenced to pay the maximum fine
  347  provided under subparagraph 1.
  348         (g)1. Any person who knowingly sells, purchases,
  349  manufactures, delivers, or brings into this state, or who is
  350  knowingly in actual or constructive possession of, 4 grams or
  351  more of flunitrazepam or any mixture containing flunitrazepam as
  352  described in s. 893.03(1)(a) commits a felony of the first
  353  degree, which felony shall be known as “trafficking in
  354  flunitrazepam,” punishable as provided in s. 775.082, s.
  355  775.083, or s. 775.084. If the quantity involved:
  356         a. Is 4 grams or more but less than 14 grams, such person
  357  shall be sentenced to a mandatory minimum term of imprisonment
  358  of 3 years, and the defendant shall be ordered to pay a fine of
  359  $50,000.
  360         b. Is 14 grams or more but less than 28 grams, such person
  361  shall be sentenced to a mandatory minimum term of imprisonment
  362  of 7 years, and the defendant shall be ordered to pay a fine of
  363  $100,000.
  364         c. Is 28 grams or more but less than 30 kilograms, such
  365  person shall be sentenced to a mandatory minimum term of
  366  imprisonment of 25 calendar years and pay a fine of $500,000.
  367         2. Any person who knowingly sells, purchases, manufactures,
  368  delivers, or brings into this state or who is knowingly in
  369  actual or constructive possession of 30 kilograms or more of
  370  flunitrazepam or any mixture containing flunitrazepam as
  371  described in s. 893.03(1)(a) commits the first degree felony of
  372  trafficking in flunitrazepam. A person who has been convicted of
  373  the first degree felony of trafficking in flunitrazepam under
  374  this subparagraph shall be punished by life imprisonment and is
  375  ineligible for any form of discretionary early release except
  376  pardon or executive clemency or conditional medical release
  377  under s. 947.149. However, if the court determines that, in
  378  addition to committing any act specified in this paragraph:
  379         a. The person intentionally killed an individual or
  380  counseled, commanded, induced, procured, or caused the
  381  intentional killing of an individual and such killing was the
  382  result; or
  383         b. The person’s conduct in committing that act led to a
  384  natural, though not inevitable, lethal result,
  385  
  386  such person commits the capital felony of trafficking in
  387  flunitrazepam, punishable as provided in ss. 775.082 and
  388  921.142. Any person sentenced for a capital felony under this
  389  paragraph shall also be sentenced to pay the maximum fine
  390  provided under subparagraph 1.
  391         (h)1. Any person who knowingly sells, purchases,
  392  manufactures, delivers, or brings into this state, or who is
  393  knowingly in actual or constructive possession of, 1 kilogram or
  394  more of gamma-hydroxybutyric acid (GHB), as described in s.
  395  893.03(1)(d), or any mixture containing gamma-hydroxybutyric
  396  acid (GHB), commits a felony of the first degree, which felony
  397  shall be known as “trafficking in gamma-hydroxybutyric acid
  398  (GHB),” punishable as provided in s. 775.082, s. 775.083, or s.
  399  775.084. If the quantity involved:
  400         a. Is 1 kilogram or more but less than 5 kilograms, such
  401  person shall be sentenced to a mandatory minimum term of
  402  imprisonment of 3 years, and the defendant shall be ordered to
  403  pay a fine of $50,000.
  404         b. Is 5 kilograms or more but less than 10 kilograms, such
  405  person shall be sentenced to a mandatory minimum term of
  406  imprisonment of 7 years, and the defendant shall be ordered to
  407  pay a fine of $100,000.
  408         c. Is 10 kilograms or more, such person shall be sentenced
  409  to a mandatory minimum term of imprisonment of 15 calendar years
  410  and pay a fine of $250,000.
  411         2. Any person who knowingly manufactures or brings into
  412  this state 150 kilograms or more of gamma-hydroxybutyric acid
  413  (GHB), as described in s. 893.03(1)(d), or any mixture
  414  containing gamma-hydroxybutyric acid (GHB), and who knows that
  415  the probable result of such manufacture or importation would be
  416  the death of any person commits capital manufacture or
  417  importation of gamma-hydroxybutyric acid (GHB), a capital felony
  418  punishable as provided in ss. 775.082 and 921.142. Any person
  419  sentenced for a capital felony under this paragraph shall also
  420  be sentenced to pay the maximum fine provided under subparagraph
  421  1.
  422         (i)1. Any person who knowingly sells, purchases,
  423  manufactures, delivers, or brings into this state, or who is
  424  knowingly in actual or constructive possession of, 1 kilogram or
  425  more of gamma-butyrolactone (GBL), as described in s.
  426  893.03(1)(d), or any mixture containing gamma-butyrolactone
  427  (GBL), commits a felony of the first degree, which felony shall
  428  be known as “trafficking in gamma-butyrolactone (GBL),”
  429  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  430  If the quantity involved:
  431         a. Is 1 kilogram or more but less than 5 kilograms, such
  432  person shall be sentenced to a mandatory minimum term of
  433  imprisonment of 3 years, and the defendant shall be ordered to
  434  pay a fine of $50,000.
  435         b. Is 5 kilograms or more but less than 10 kilograms, such
  436  person shall be sentenced to a mandatory minimum term of
  437  imprisonment of 7 years, and the defendant shall be ordered to
  438  pay a fine of $100,000.
  439         c. Is 10 kilograms or more, such person shall be sentenced
  440  to a mandatory minimum term of imprisonment of 15 calendar years
  441  and pay a fine of $250,000.
  442         2. Any person who knowingly manufactures or brings into the
  443  state 150 kilograms or more of gamma-butyrolactone (GBL), as
  444  described in s. 893.03(1)(d), or any mixture containing gamma
  445  butyrolactone (GBL), and who knows that the probable result of
  446  such manufacture or importation would be the death of any person
  447  commits capital manufacture or importation of gamma
  448  butyrolactone (GBL), a capital felony punishable as provided in
  449  ss. 775.082 and 921.142. Any person sentenced for a capital
  450  felony under this paragraph shall also be sentenced to pay the
  451  maximum fine provided under subparagraph 1.
  452         (j)1. Any person who knowingly sells, purchases,
  453  manufactures, delivers, or brings into this state, or who is
  454  knowingly in actual or constructive possession of, 1 kilogram or
  455  more of 1,4-Butanediol as described in s. 893.03(1)(d), or of
  456  any mixture containing 1,4-Butanediol, commits a felony of the
  457  first degree, which felony shall be known as “trafficking in
  458  1,4-Butanediol,” punishable as provided in s. 775.082, s.
  459  775.083, or s. 775.084. If the quantity involved:
  460         a. Is 1 kilogram or more, but less than 5 kilograms, such
  461  person shall be sentenced to a mandatory minimum term of
  462  imprisonment of 3 years, and the defendant shall be ordered to
  463  pay a fine of $50,000.
  464         b. Is 5 kilograms or more, but less than 10 kilograms, such
  465  person shall be sentenced to a mandatory minimum term of
  466  imprisonment of 7 years, and the defendant shall be ordered to
  467  pay a fine of $100,000.
  468         c. Is 10 kilograms or more, such person shall be sentenced
  469  to a mandatory minimum term of imprisonment of 15 calendar years
  470  and pay a fine of $500,000.
  471         2. Any person who knowingly manufactures or brings into
  472  this state 150 kilograms or more of 1,4-Butanediol as described
  473  in s. 893.03(1)(d), or any mixture containing 1,4-Butanediol,
  474  and who knows that the probable result of such manufacture or
  475  importation would be the death of any person commits capital
  476  manufacture or importation of 1,4-Butanediol, a capital felony
  477  punishable as provided in ss. 775.082 and 921.142. Any person
  478  sentenced for a capital felony under this paragraph shall also
  479  be sentenced to pay the maximum fine provided under subparagraph
  480  1.
  481         (k)1. A person who knowingly sells, purchases,
  482  manufactures, delivers, or brings into this state, or who is
  483  knowingly in actual or constructive possession of, 10 grams or
  484  more of any of the following substances described in s.
  485  893.03(1)(c):
  486         a. (MDMA) 3,4-Methylenedioxymethamphetamine;
  487         b. DOB (4-Bromo-2,5-dimethoxyamphetamine);
  488         c. 2C-B (4-Bromo-2,5-dimethoxyphenethylamine);
  489         d. 2,5-Dimethoxyamphetamine;
  490         e. DOET (4-Ethyl-2,5-dimethoxyamphetamine);
  491         f. N-ethylamphetamine;
  492         g. 3,4-Methylenedioxy-N-hydroxyamphetamine;
  493         h. 5-Methoxy-3,4-methylenedioxyamphetamine;
  494         i. PMA (4-methoxyamphetamine);
  495         j. PMMA (4-methoxymethamphetamine);
  496         k. DOM (4-Methyl-2,5-dimethoxyamphetamine);
  497         l. MDEA (3,4-Methylenedioxy-N-ethylamphetamine);
  498         m. MDA (3,4-Methylenedioxyamphetamine);
  499         n. N,N-dimethylamphetamine;
  500         o. 3,4,5-Trimethoxyamphetamine;
  501         p. Methylone (3,4-Methylenedioxymethcathinone);
  502         q. MDPV (3,4-Methylenedioxypyrovalerone); or
  503         r. Methylmethcathinone,
  504  
  505  individually or analogs thereto or isomers thereto or in any
  506  combination of or any mixture containing any substance listed in
  507  sub-subparagraphs a.-r., commits a felony of the first degree,
  508  which felony shall be known as “trafficking in Phenethylamines,”
  509  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  510         2. If the quantity involved:
  511         a. Is 10 grams or more, but less than 200 grams, such
  512  person shall be sentenced to a mandatory minimum term of
  513  imprisonment of 3 years and shall be ordered to pay a fine of
  514  $50,000.
  515         b. Is 200 grams or more, but less than 400 grams, such
  516  person shall be sentenced to a mandatory minimum term of
  517  imprisonment of 7 years and shall be ordered to pay a fine of
  518  $100,000.
  519         c. Is 400 grams or more, such person shall be sentenced to
  520  a mandatory minimum term of imprisonment of 15 years and shall
  521  be ordered to pay a fine of $250,000.
  522         3. A person who knowingly manufactures or brings into this
  523  state 30 kilograms or more of any of the following substances
  524  described in s. 893.03(1)(c):
  525         a. MDMA (3,4-Methylenedioxymethamphetamine);
  526         b. DOB (4-Bromo-2,5-dimethoxyamphetamine);
  527         c. 2C-B (4-Bromo-2,5-dimethoxyphenethylamine);
  528         d. 2,5-Dimethoxyamphetamine;
  529         e. DOET (4-Ethyl-2,5-dimethoxyamphetamine);
  530         f. N-ethylamphetamine;
  531         g. N-Hydroxy-3,4-methylenedioxyamphetamine;
  532         h. 5-Methoxy-3,4-methylenedioxyamphetamine;
  533         i. PMA (4-methoxyamphetamine);
  534         j. PMMA (4-methoxymethamphetamine);
  535         k. DOM (4-Methyl-2,5-dimethoxyamphetamine);
  536         l. MDEA (3,4-Methylenedioxy-N-ethylamphetamine);
  537         m. MDA (3,4-Methylenedioxyamphetamine);
  538         n. N,N-dimethylamphetamine;
  539         o. 3,4,5-Trimethoxyamphetamine;
  540         p. Methylone (3,4-Methylenedioxymethcathinone);
  541         q. MDPV (3,4-Methylenedioxypyrovalerone); or
  542         r. Methylmethcathinone,
  543  
  544  individually or analogs thereto or isomers thereto or in any
  545  combination of or any mixture containing any substance listed in
  546  sub-subparagraphs a.-r., and who knows that the probable result
  547  of such manufacture or importation would be the death of any
  548  person commits capital manufacture or importation of
  549  Phenethylamines, a capital felony punishable as provided in ss.
  550  775.082 and 921.142. A person sentenced for a capital felony
  551  under this paragraph shall also be sentenced to pay the maximum
  552  fine provided under subparagraph 1.
  553         (l)1. Any person who knowingly sells, purchases,
  554  manufactures, delivers, or brings into this state, or who is
  555  knowingly in actual or constructive possession of, 1 gram or
  556  more of lysergic acid diethylamide (LSD) as described in s.
  557  893.03(1)(c), or of any mixture containing lysergic acid
  558  diethylamide (LSD), commits a felony of the first degree, which
  559  felony shall be known as “trafficking in lysergic acid
  560  diethylamide (LSD),” punishable as provided in s. 775.082, s.
  561  775.083, or s. 775.084. If the quantity involved:
  562         a. Is 1 gram or more, but less than 5 grams, such person
  563  shall be sentenced to a mandatory minimum term of imprisonment
  564  of 3 years, and the defendant shall be ordered to pay a fine of
  565  $50,000.
  566         b. Is 5 grams or more, but less than 7 grams, such person
  567  shall be sentenced to a mandatory minimum term of imprisonment
  568  of 7 years, and the defendant shall be ordered to pay a fine of
  569  $100,000.
  570         c. Is 7 grams or more, such person shall be sentenced to a
  571  mandatory minimum term of imprisonment of 15 calendar years and
  572  pay a fine of $500,000.
  573         2. Any person who knowingly manufactures or brings into
  574  this state 7 grams or more of lysergic acid diethylamide (LSD)
  575  as described in s. 893.03(1)(c), or any mixture containing
  576  lysergic acid diethylamide (LSD), and who knows that the
  577  probable result of such manufacture or importation would be the
  578  death of any person commits capital manufacture or importation
  579  of lysergic acid diethylamide (LSD), a capital felony punishable
  580  as provided in ss. 775.082 and 921.142. Any person sentenced for
  581  a capital felony under this paragraph shall also be sentenced to
  582  pay the maximum fine provided under subparagraph 1.
  583         Section 7. This act shall take effect upon becoming a law.