Florida Senate - 2018                                    SB 1416
       
       
        
       By Senator Farmer
       
       
       
       
       
       34-01340-18                                           20181416__
    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; amending s.
   10         27.5304, F.S.; conforming provisions to changes made
   11         by the act; repealing ss. 27.7001, 27.7002, 27.701,
   12         27.702, 27.703, 27.704, 27.7045, 27.705, 27.706,
   13         27.707, 27.708, 27.7081, 27.7091, 27.710, 27.711, and
   14         27.715, F.S., relating to legislative intent and
   15         findings; limitations on collateral representation,
   16         lawyer disqualification, and use of state funds for
   17         excess fees not authorized; the capital collateral
   18         regional counsel; the duties of the capital collateral
   19         regional counsel and filing reports; conflicts of
   20         interest and substitute counsel; appointment of
   21         assistants and other staff; capital case proceedings
   22         and constitutionally deficient representation; the
   23         salaries of capital collateral regional counsel and
   24         assistant capital collateral counsel; private practice
   25         of law prohibited; investigators and service of
   26         process; access to prisoners, compliance with the
   27         Florida Rules of Criminal Procedure, and records
   28         requests; capital postconviction public records
   29         production; legislative recommendations to the Supreme
   30         Court, postconviction proceedings, and pro bono
   31         service credit; the registry of attorneys applying to
   32         represent persons in postconviction capital collateral
   33         proceedings, certification of minimum requirements,
   34         and appointment by trial court; the terms and
   35         conditions of appointment of attorneys as counsel in
   36         postconviction capital collateral proceedings; and the
   37         Capital Collateral Regional Counsel Trust Fund,
   38         respectively; amending s. 119.071, F.S.; deleting a
   39         public records exemption relating to capital
   40         collateral proceedings; amending s. 282.201, F.S.;
   41         conforming a provision to changes made by the act;
   42         amending ss. 775.15 and 790.161, F.S.; deleting
   43         provisions relating to the effect of a declaration by
   44         a court of last resort declaring that the death
   45         penalty in a capital felony is unconstitutional;
   46         repealing ss. 913.13, 921.137, 921.141, and 921.142,
   47         F.S., relating to jurors in capital cases, prohibiting
   48         the imposition of the death sentence upon a defendant
   49         with an intellectual disability, the determination of
   50         whether to impose a sentence of death or life
   51         imprisonment for a capital felony, and the
   52         determination of whether to impose a sentence of death
   53         or life imprisonment for a capital drug trafficking
   54         felony, respectively; amending ss. 394.912, 775.021,
   55         782.04, 775.30, 782.065, 794.011, 893.135, 944.275,
   56         and 948.012, F.S.; conforming provisions to changes
   57         made by the act; repealing ss. 922.052, 922.06,
   58         922.07, 922.08, 922.095, 922.10, 922.105, 922.108,
   59         922.11, 922.111, 922.12, 922.14, 922.15, 924.055,
   60         924.056, and 924.057, F.S., relating to issuance of a
   61         warrant of execution, stay of execution of a death
   62         sentence, proceedings when the person under a sentence
   63         of death appears to be insane, proceedings when the
   64         person under a sentence of death appears to be
   65         pregnant, pursuit of collateral remedies, execution of
   66         a death sentence and prohibition against reduction of
   67         a death sentence as a result of determination that a
   68         method of execution is unconstitutional, sentencing
   69         orders in capital cases, regulation of execution,
   70         transfer to state prison for safekeeping before death
   71         warrant issued, return of warrant of execution issued
   72         by the Governor, sentence of death unexecuted for
   73         unjustifiable reasons, return of a warrant of
   74         execution issued by the Supreme Court, legislative
   75         findings and intent concerning appeals and
   76         postconviction proceedings in death penalty cases,
   77         capital postconviction proceedings and reporting
   78         requirements, and legislative intent regarding capital
   79         postconviction proceedings, respectively; amending s.
   80         925.11, F.S.; deleting provisions relating to
   81         preservation of DNA evidence in death penalty cases;
   82         amending s. 945.10, F.S.; deleting a public records
   83         exemption for the identities of executioners;
   84         providing an effective date.
   85          
   86  Be It Enacted by the Legislature of the State of Florida:
   87  
   88         Section 1. Paragraph (a) of subsection (1) and subsection
   89  (2) of section 775.082, Florida Statutes, are amended to read:
   90         775.082 Penalties; applicability of sentencing structures;
   91  mandatory minimum sentences for certain reoffenders previously
   92  released from prison.—
   93         (1)(a) Except as provided in paragraph (b), A person who
   94  has been convicted of a capital felony shall be punished by
   95  death if the proceeding held to determine sentence according to
   96  the procedure set forth in s. 921.141 results in a determination
   97  that such person shall be punished by death, otherwise such
   98  person shall be punished by life imprisonment and shall be
   99  ineligible for parole.
  100         (2)In the event the death penalty in a capital felony is
  101  held to be unconstitutional by the Florida Supreme Court or the
  102  United States Supreme Court, the court having jurisdiction over
  103  a person previously sentenced to death for a capital felony
  104  shall cause such person to be brought before the court, and the
  105  court shall sentence such person to life imprisonment as
  106  provided in subsection (1). No sentence of death shall be
  107  reduced as a result of a determination that a method of
  108  execution is held to be unconstitutional under the State
  109  Constitution or the Constitution of the United States.
  110         Section 2. Subsection (1) of section 27.51, Florida
  111  Statutes, is amended to read:
  112         27.51 Duties of public defender.—
  113         (1) The public defender shall represent, without additional
  114  compensation, any person determined to be indigent under s.
  115  27.52 and:
  116         (a) Under arrest for, or charged with, a felony;
  117         (b) Under arrest for, or charged with:
  118         1. A misdemeanor authorized for prosecution by the state
  119  attorney;
  120         2. A violation of chapter 316 punishable by imprisonment;
  121         3. Criminal contempt; or
  122         4. A violation of a special law or county or municipal
  123  ordinance ancillary to a state charge, or if not ancillary to a
  124  state charge, only if the public defender contracts with the
  125  county or municipality to provide representation pursuant to ss.
  126  27.54 and 125.69.
  127  
  128  The public defender may shall not provide representation
  129  pursuant to this paragraph if the court, before prior to trial,
  130  files in the cause an order of no imprisonment as provided in s.
  131  27.512;
  132         (c) Alleged to be a delinquent child pursuant to a petition
  133  filed before a circuit court;
  134         (d) Sought by petition filed in such court to be
  135  involuntarily placed as a mentally ill person under part I of
  136  chapter 394, involuntarily committed as a sexually violent
  137  predator under part V of chapter 394, or involuntarily admitted
  138  to residential services as a person with developmental
  139  disabilities under chapter 393. A public defender may shall not
  140  represent any plaintiff in a civil action brought under the
  141  Florida Rules of Civil Procedure, the Federal Rules of Civil
  142  Procedure, or the federal statutes, or represent a petitioner in
  143  a rule challenge under chapter 120, unless specifically
  144  authorized by statute; or
  145         (e)Convicted and sentenced to death, for purposes of
  146  handling an appeal to the Supreme Court; or
  147         (e)(f) Is appealing a matter in a case arising under
  148  paragraphs (a)-(d).
  149         Section 3. Subsections (5) and (8) of section 27.511,
  150  Florida Statutes, are amended to read:
  151         27.511 Offices of criminal conflict and civil regional
  152  counsel; legislative intent; qualifications; appointment;
  153  duties.—
  154         (5) When the Office of the Public Defender, at any time
  155  during the representation of two or more defendants, determines
  156  that the interests of those accused are so adverse or hostile
  157  that they cannot all be counseled by the public defender or his
  158  or her staff without a conflict of interest, or that none can be
  159  counseled by the public defender or his or her staff because of
  160  a conflict of interest, and the court grants the public
  161  defender’s motion to withdraw, the office of criminal conflict
  162  and civil regional counsel shall be appointed and shall provide
  163  legal services, without additional compensation, to any person
  164  determined to be indigent under s. 27.52, who is:
  165         (a) Under arrest for, or charged with, a felony;
  166         (b) Under arrest for, or charged with:
  167         1. A misdemeanor authorized for prosecution by the state
  168  attorney;
  169         2. A violation of chapter 316 punishable by imprisonment;
  170         3. Criminal contempt; or
  171         4. A violation of a special law or county or municipal
  172  ordinance ancillary to a state charge or, if not ancillary to a
  173  state charge, only if the office of criminal conflict and civil
  174  regional counsel contracts with the county or municipality to
  175  provide representation pursuant to ss. 27.54 and 125.69.
  176  
  177  The office of criminal conflict and civil regional counsel may
  178  not provide representation pursuant to this paragraph if the
  179  court, before prior to trial, files in the cause an order of no
  180  imprisonment as provided in s. 27.512;
  181         (c) Alleged to be a delinquent child pursuant to a petition
  182  filed before a circuit court;
  183         (d) Sought by petition filed in such court to be
  184  involuntarily placed as a mentally ill person under part I of
  185  chapter 394, involuntarily committed as a sexually violent
  186  predator under part V of chapter 394, or involuntarily admitted
  187  to residential services as a person with developmental
  188  disabilities under chapter 393;
  189         (e)Convicted and sentenced to death, for purposes of
  190  handling an appeal to the Supreme Court;
  191         (e)(f) Appealing a matter in a case arising under
  192  paragraphs (a)-(d); or
  193         (f)(g) Seeking correction, reduction, or modification of a
  194  sentence under Rule 3.800, Florida Rules of Criminal Procedure,
  195  or seeking postconviction relief under Rule 3.850, Florida Rules
  196  of Criminal Procedure, if, in either case, the court determines
  197  that appointment of counsel is necessary to protect a person’s
  198  due process rights.
  199         (8) The public defender for the judicial circuit specified
  200  in s. 27.51(4) shall, after the record on appeal is transmitted
  201  to the appellate court by the office of criminal conflict and
  202  civil regional counsel which handled the trial and if requested
  203  by the regional counsel for the indicated appellate district,
  204  handle all circuit court appeals authorized pursuant to
  205  paragraph (5)(e) (5)(f) within the state courts system and any
  206  authorized appeals to the federal courts required of the
  207  official making the request. If the public defender certifies to
  208  the court that the public defender has a conflict consistent
  209  with the criteria prescribed in s. 27.5303 and moves to
  210  withdraw, the regional counsel shall handle the appeal, unless
  211  the regional counsel has a conflict, in which case the court
  212  shall appoint private counsel pursuant to s. 27.40.
  213         Section 4. Subsection (13) of section 27.5304, Florida
  214  Statutes, is amended to read:
  215         27.5304 Private court-appointed counsel; compensation;
  216  notice.—
  217         (13) Notwithstanding the limitation set forth in subsection
  218  (5) and for the 2017-2018 fiscal year only, the compensation for
  219  representation in a criminal proceeding may not exceed the
  220  following:
  221         (a) For misdemeanors and juveniles represented at the trial
  222  level: $1,000.
  223         (b) For noncapital, nonlife felonies represented at the
  224  trial level: $15,000.
  225         (c) For life felonies represented at the trial level:
  226  $15,000.
  227         (d)For capital cases represented at the trial level:
  228  $25,000. For purposes of this paragraph, a “capital case” is any
  229  offense for which the potential sentence is death and the state
  230  has not waived seeking the death penalty.
  231         (d)(e) For representation on appeal: $9,000.
  232         (e)(f) This subsection expires July 1, 2018.
  233         Section 5. Sections 27.7001, 27.7002, 27.701, 27.702,
  234  27.703, 27.704, 27.7045, 27.705, 27.706, 27.707, 27.708,
  235  27.7081, 27.7091, 27.710, 27.711, and 27.715, Florida Statutes,
  236  are repealed.
  237         Section 6. Paragraph (d) of subsection (1) of section
  238  119.071, Florida Statutes, is amended to read:
  239         119.071 General exemptions from inspection or copying of
  240  public records.—
  241         (1) AGENCY ADMINISTRATION.—
  242         (d)1. A public record that was prepared by an agency
  243  attorney (including an attorney employed or retained by the
  244  agency or employed or retained by another public officer or
  245  agency to protect or represent the interests of the agency
  246  having custody of the record) or prepared at the attorney’s
  247  express direction, that reflects a mental impression,
  248  conclusion, litigation strategy, or legal theory of the attorney
  249  or the agency, and that was prepared exclusively for civil or
  250  criminal litigation or for adversarial administrative
  251  proceedings, or that was prepared in anticipation of imminent
  252  civil or criminal litigation or imminent adversarial
  253  administrative proceedings, is exempt from s. 119.07(1) and s.
  254  24(a), Art. I of the State Constitution until the conclusion of
  255  the litigation or adversarial administrative proceedings. For
  256  purposes of capital collateral litigation as set forth in s.
  257  27.7001, the Attorney General’s office is entitled to claim this
  258  exemption for those public records prepared for direct appeal as
  259  well as for all capital collateral litigation after direct
  260  appeal until execution of sentence or imposition of a life
  261  sentence.
  262         2. This exemption is not waived by the release of such
  263  public record to another public employee or officer of the same
  264  agency or any person consulted by the agency attorney. When
  265  asserting the right to withhold a public record pursuant to this
  266  paragraph, the agency shall identify the potential parties to
  267  any such criminal or civil litigation or adversarial
  268  administrative proceedings. If a court finds that the document
  269  or other record has been improperly withheld under this
  270  paragraph, the party seeking access to such document or record
  271  shall be awarded reasonable attorney attorney’s fees and costs
  272  in addition to any other remedy ordered by the court.
  273         Section 7. Paragraph (c) of subsection (4) of section
  274  282.201, Florida Statutes, is amended to read:
  275         282.201 State data center.—The state data center is
  276  established within the Agency for State Technology and shall
  277  provide data center services that are hosted on premises or
  278  externally through a third-party provider as an enterprise
  279  information technology service. The provision of services must
  280  comply with applicable state and federal laws, regulations, and
  281  policies, including all applicable security, privacy, and
  282  auditing requirements.
  283         (4) SCHEDULE FOR CONSOLIDATIONS OF AGENCY DATA CENTERS.—
  284         (c) The following are exempt from state data center
  285  consolidation under this section: the Department of Law
  286  Enforcement, the Department of the Lottery’s Gaming System,
  287  Systems Design and Development in the Office of Policy and
  288  Budget, the regional traffic management centers as described in
  289  s. 335.14(2) and the Office of Toll Operations of the Department
  290  of Transportation, the State Board of Administration, state
  291  attorneys, public defenders, criminal conflict and civil
  292  regional counsel, capital collateral regional counsel, and the
  293  Florida Housing Finance Corporation.
  294         Section 8. Subsection (1) of section 775.15, Florida
  295  Statutes, is amended to read:
  296         775.15 Time limitations; general time limitations;
  297  exceptions.—
  298         (1) A prosecution for a capital felony, a life felony, or a
  299  felony that resulted in a death may be commenced at any time. If
  300  the death penalty is held to be unconstitutional by the Florida
  301  Supreme Court or the United States Supreme Court, all crimes
  302  designated as capital felonies shall be considered life felonies
  303  for the purposes of this section, and prosecution for such
  304  crimes may be commenced at any time.
  305         Section 9. Subsection (4) of section 790.161, Florida
  306  Statutes, is amended to read:
  307         790.161 Making, possessing, throwing, projecting, placing,
  308  or discharging any destructive device or attempt so to do,
  309  felony; penalties.—A person who willfully and unlawfully makes,
  310  possesses, throws, projects, places, discharges, or attempts to
  311  make, possess, throw, project, place, or discharge any
  312  destructive device:
  313         (4) If the act results in the death of another person,
  314  commits a capital felony, punishable as provided in s. 775.082.
  315  In the event the death penalty in a capital felony is held to be
  316  unconstitutional by the Florida Supreme Court or the United
  317  States Supreme Court, the court having jurisdiction over a
  318  person previously sentenced to death for a capital felony shall
  319  cause such person to be brought before the court, and the court
  320  shall sentence such person to life imprisonment if convicted of
  321  murder in the first degree or of a capital felony under this
  322  subsection, and such person shall be ineligible for parole. No
  323  sentence of death shall be reduced as a result of a
  324  determination that a method of execution is held to be
  325  unconstitutional under the State Constitution or the
  326  Constitution of the United States.
  327         Section 10. Sections 913.13, 921.137, 921.141, and 921.142,
  328  Florida Statutes, are repealed.
  329         Section 11. Subsection (9) of section 394.912, Florida
  330  Statutes, is amended to read:
  331         394.912 Definitions.—As used in this part, the term:
  332         (9) “Sexually violent offense” means:
  333         (a) Murder of a human being while engaged in sexual battery
  334  in violation of s. 782.04(1)(b) 782.04(1)(a)2.;
  335         (b) Kidnapping of a child under the age of 13 and, in the
  336  course of that offense, committing:
  337         1. Sexual battery; or
  338         2. A lewd, lascivious, or indecent assault or act upon or
  339  in the presence of the child;
  340         (c) Committing the offense of false imprisonment upon a
  341  child under the age of 13 and, in the course of that offense,
  342  committing:
  343         1. Sexual battery; or
  344         2. A lewd, lascivious, or indecent assault or act upon or
  345  in the presence of the child;
  346         (d) Sexual battery in violation of s. 794.011;
  347         (e) Lewd, lascivious, or indecent assault or act upon or in
  348  presence of the child in violation of s. 800.04 or s.
  349  847.0135(5);
  350         (f) An attempt, criminal solicitation, or conspiracy, in
  351  violation of s. 777.04, of a sexually violent offense;
  352         (g) Any conviction for a felony offense in effect at any
  353  time before October 1, 1998, which is comparable to a sexually
  354  violent offense under paragraphs (a)-(f) or any federal
  355  conviction or conviction in another state for a felony offense
  356  that in this state would be a sexually violent offense;
  357         (h) Any criminal act that, either at the time of sentencing
  358  for the offense or subsequently during civil commitment
  359  proceedings under this part, has been determined beyond a
  360  reasonable doubt to have been sexually motivated; or
  361         (i) A criminal offense in which the state attorney refers a
  362  person to the department for civil commitment proceedings
  363  pursuant to s. 394.9125.
  364         Section 12. Paragraph (c) of subsection (5) of section
  365  775.021, Florida Statutes, is amended to read:
  366         775.021 Rules of construction.—
  367         (5) Whoever commits an act that violates a provision of
  368  this code or commits a criminal offense defined by another
  369  statute and thereby causes the death of, or bodily injury to, an
  370  unborn child commits a separate offense if the provision or
  371  statute does not otherwise specifically provide a separate
  372  offense for such death or injury to an unborn child.
  373         (c)Notwithstanding any other provision of law, the death
  374  penalty may not be imposed for an offense under this subsection.
  375         Section 13. Subsection (1) of section 782.04, Florida
  376  Statutes, is amended to read:
  377         782.04 Murder.—
  378         (1)(a) The unlawful killing of a human being:
  379         (a)1. When perpetrated from a premeditated design to effect
  380  the death of the person killed or any human being;
  381         (b)2. When committed by a person engaged in the
  382  perpetration of, or in the attempt to perpetrate, any:
  383         1.a. Trafficking offense prohibited by s. 893.135(1),
  384         2.b. Arson,
  385         3.c. Sexual battery,
  386         4.d. Robbery,
  387         5.e. Burglary,
  388         6.f. Kidnapping,
  389         7.g. Escape,
  390         8.h. Aggravated child abuse,
  391         9.i. Aggravated abuse of an elderly person or disabled
  392  adult,
  393         10.j. Aircraft piracy,
  394         11.k. Unlawful throwing, placing, or discharging of a
  395  destructive device or bomb,
  396         12.l. Carjacking,
  397         13.m. Home-invasion robbery,
  398         14.n. Aggravated stalking,
  399         15.o. Murder of another human being,
  400         16.p. Resisting an officer with violence to his or her
  401  person,
  402         17.q. Aggravated fleeing or eluding with serious bodily
  403  injury or death,
  404         18.r. Felony that is an act of terrorism or is in
  405  furtherance of an act of terrorism, including a felony under s.
  406  775.30, s. 775.32, s. 775.33, s. 775.34, or s. 775.35, or
  407         19.s. Human trafficking; or
  408         (c)3. Which resulted from the unlawful distribution by a
  409  person 18 years of age or older of any of the following
  410  substances, or mixture containing any of the following
  411  substances, when such substance or mixture is proven to be the
  412  proximate cause of the death of the user:
  413         1.a. A substance controlled under s. 893.03(1);
  414         2.b. Cocaine, as described in s. 893.03(2)(a)4.;
  415         3.c. Opium or any synthetic or natural salt, compound,
  416  derivative, or preparation of opium;
  417         4.d. Methadone;
  418         5.e. Alfentanil, as described in s. 893.03(2)(b)1.;
  419         6.f. Carfentanil, as described in s. 893.03(2)(b)6.;
  420         7.g. Fentanyl, as described in s. 893.03(2)(b)9.;
  421         8.h. Sufentanil, as described in s. 893.03(2)(b)29.; or
  422         9.i. A controlled substance analog, as described in s.
  423  893.0356, of any substance specified in sub-subparagraphs a.-h.,
  424  
  425  is murder in the first degree and constitutes a capital felony,
  426  punishable as provided in s. 775.082.
  427         (b)In all cases under this section, the procedure set
  428  forth in s. 921.141 shall be followed in order to determine
  429  sentence of death or life imprisonment. If the prosecutor
  430  intends to seek the death penalty, the prosecutor must give
  431  notice to the defendant and file the notice with the court
  432  within 45 days after arraignment. The notice must contain a list
  433  of the aggravating factors the state intends to prove and has
  434  reason to believe it can prove beyond a reasonable doubt. The
  435  court may allow the prosecutor to amend the notice upon a
  436  showing of good cause.
  437         Section 14. Subsection (2) of section 775.30, Florida
  438  Statutes, is amended to read:
  439         775.30 Terrorism; defined; penalties.—
  440         (2) A person who violates s. 782.04(1)(a) 782.04(1)(a)1. or
  441  (2), s. 782.065, s. 782.07(1), s. 782.09, s. 784.045, s. 784.07,
  442  s. 787.01, s. 787.02, s. 787.07, s. 790.115, s. 790.15, s.
  443  790.16, s. 790.161, s. 790.1615, s. 790.162, s. 790.166, s.
  444  790.19, s. 806.01, s. 806.031, s. 806.111, s. 815.06, s.
  445  815.061, s. 859.01, or s. 876.34, in furtherance of intimidating
  446  or coercing the policy of a government, or in furtherance of
  447  affecting the conduct of a government by mass destruction,
  448  assassination, or kidnapping, commits the crime of terrorism, a
  449  felony of the first degree, punishable as provided in s.
  450  775.082, s. 775.083, or s. 775.084.
  451         Section 15. Section 782.065, Florida Statutes, is amended
  452  to read:
  453         782.065 Murder; law enforcement officer, correctional
  454  officer, correctional probation officer.—Notwithstanding ss.
  455  775.082, 775.0823, 782.04, 782.051, and chapter 921, a defendant
  456  shall be sentenced to life imprisonment without eligibility for
  457  release upon findings by the trier of fact that, beyond a
  458  reasonable doubt:
  459         (1) The defendant committed murder in the first degree in
  460  violation of s. 782.04(1) and a death sentence was not imposed;
  461  murder in the second or third degree in violation of s.
  462  782.04(2), (3), or (4); attempted murder in the first or second
  463  degree in violation of s. 782.04(1)(a) 782.04(1)(a)1. or (2); or
  464  attempted felony murder in violation of s. 782.051; and
  465         (2) The victim of any offense described in subsection (1)
  466  was a law enforcement officer, part-time law enforcement
  467  officer, auxiliary law enforcement officer, correctional
  468  officer, part-time correctional officer, auxiliary correctional
  469  officer, correctional probation officer, part-time correctional
  470  probation officer, or auxiliary correctional probation officer,
  471  as those terms are defined in s. 943.10, engaged in the lawful
  472  performance of a legal duty.
  473         Section 16. Paragraph (a) of subsection (2) of section
  474  794.011, Florida Statutes, is amended to read:
  475         794.011 Sexual battery.—
  476         (2)(a) A person 18 years of age or older who commits sexual
  477  battery upon, or in an attempt to commit sexual battery injures
  478  the sexual organs of, a person less than 12 years of age commits
  479  a capital felony, punishable as provided in s. ss. 775.082 and
  480  921.141.
  481         Section 17. Paragraphs (b) through (l) of subsection (1) of
  482  section 893.135, Florida Statutes, are amended to read:
  483         893.135 Trafficking; mandatory sentences; suspension or
  484  reduction of sentences; conspiracy to engage in trafficking.—
  485         (1) Except as authorized in this chapter or in chapter 499
  486  and notwithstanding the provisions of s. 893.13:
  487         (b)1. Any person who knowingly sells, purchases,
  488  manufactures, delivers, or brings into this state, or who is
  489  knowingly in actual or constructive possession of, 28 grams or
  490  more of cocaine, as described in s. 893.03(2)(a)4., or of any
  491  mixture containing cocaine, but less than 150 kilograms of
  492  cocaine or any such mixture, commits a felony of the first
  493  degree, which felony shall be known as “trafficking in cocaine,”
  494  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  495  If the quantity involved:
  496         a. Is 28 grams or more, but less than 200 grams, such
  497  person shall be sentenced to a mandatory minimum term of
  498  imprisonment of 3 years, and the defendant shall be ordered to
  499  pay a fine of $50,000.
  500         b. Is 200 grams or more, but less than 400 grams, such
  501  person shall be sentenced to a mandatory minimum term of
  502  imprisonment of 7 years, and the defendant shall be ordered to
  503  pay a fine of $100,000.
  504         c. Is 400 grams or more, but less than 150 kilograms, such
  505  person shall be sentenced to a mandatory minimum term of
  506  imprisonment of 15 calendar years and pay a fine of $250,000.
  507         2. Any person who knowingly sells, purchases, manufactures,
  508  delivers, or brings into this state, or who is knowingly in
  509  actual or constructive possession of, 150 kilograms or more of
  510  cocaine, as described in s. 893.03(2)(a)4., commits the first
  511  degree felony of trafficking in cocaine. A person who has been
  512  convicted of the first degree felony of trafficking in cocaine
  513  under this subparagraph shall be punished by life imprisonment
  514  and is ineligible for any form of discretionary early release
  515  except pardon or executive clemency or conditional medical
  516  release under s. 947.149. However, if the court determines that,
  517  in addition to committing any act specified in this paragraph:
  518         a. The person intentionally killed an individual or
  519  counseled, commanded, induced, procured, or caused the
  520  intentional killing of an individual and such killing was the
  521  result; or
  522         b. The person’s conduct in committing that act led to a
  523  natural, though not inevitable, lethal result,
  524  
  525  such person commits the capital felony of trafficking in
  526  cocaine, punishable as provided in s. ss. 775.082 and 921.142.
  527  Any person sentenced for a capital felony under this paragraph
  528  shall also be sentenced to pay the maximum fine provided under
  529  subparagraph 1.
  530         3. Any person who knowingly brings into this state 300
  531  kilograms or more of cocaine, as described in s. 893.03(2)(a)4.,
  532  and who knows that the probable result of such importation would
  533  be the death of any person, commits capital importation of
  534  cocaine, a capital felony punishable as provided in s. ss.
  535  775.082 and 921.142. Any person sentenced for a capital felony
  536  under this paragraph shall also be sentenced to pay the maximum
  537  fine provided under subparagraph 1.
  538         (c)1. A person who knowingly sells, purchases,
  539  manufactures, delivers, or brings into this state, or who is
  540  knowingly in actual or constructive possession of, 4 grams or
  541  more of any morphine, opium, hydromorphone, or any salt,
  542  derivative, isomer, or salt of an isomer thereof, including
  543  heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or
  544  (3)(c)4., or 4 grams or more of any mixture containing any such
  545  substance, but less than 30 kilograms of such substance or
  546  mixture, commits a felony of the first degree, which felony
  547  shall be known as “trafficking in illegal drugs,” punishable as
  548  provided in s. 775.082, s. 775.083, or s. 775.084. If the
  549  quantity involved:
  550         a. Is 4 grams or more, but less than 14 grams, such person
  551  shall be sentenced to a mandatory minimum term of imprisonment
  552  of 3 years and shall be ordered to pay a fine of $50,000.
  553         b. Is 14 grams or more, but less than 28 grams, such person
  554  shall be sentenced to a mandatory minimum term of imprisonment
  555  of 15 years and shall be ordered to pay a fine of $100,000.
  556         c. Is 28 grams or more, but less than 30 kilograms, such
  557  person shall be sentenced to a mandatory minimum term of
  558  imprisonment of 25 years and shall be ordered to pay a fine of
  559  $500,000.
  560         2. A person who knowingly sells, purchases, manufactures,
  561  delivers, or brings into this state, or who is knowingly in
  562  actual or constructive possession of, 14 grams or more of
  563  hydrocodone, as described in s. 893.03(2)(a)1.j., codeine, as
  564  described in s. 893.03(2)(a)1.g., or any salt thereof, or 14
  565  grams or more of any mixture containing any such substance,
  566  commits a felony of the first degree, which felony shall be
  567  known as “trafficking in hydrocodone,” punishable as provided in
  568  s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
  569         a. Is 14 grams or more, but less than 28 grams, such person
  570  shall be sentenced to a mandatory minimum term of imprisonment
  571  of 3 years and shall be ordered to pay a fine of $50,000.
  572         b. Is 28 grams or more, but less than 50 grams, such person
  573  shall be sentenced to a mandatory minimum term of imprisonment
  574  of 7 years and shall be ordered to pay a fine of $100,000.
  575         c. Is 50 grams or more, but less than 200 grams, such
  576  person shall be sentenced to a mandatory minimum term of
  577  imprisonment of 15 years and shall be ordered to pay a fine of
  578  $500,000.
  579         d. Is 200 grams or more, but less than 30 kilograms, such
  580  person shall be sentenced to a mandatory minimum term of
  581  imprisonment of 25 years and shall be ordered to pay a fine of
  582  $750,000.
  583         3. A person who knowingly sells, purchases, manufactures,
  584  delivers, or brings into this state, or who is knowingly in
  585  actual or constructive possession of, 7 grams or more of
  586  oxycodone, as described in s. 893.03(2)(a)1.o., or any salt
  587  thereof, or 7 grams or more of any mixture containing any such
  588  substance, commits a felony of the first degree, which felony
  589  shall be known as “trafficking in oxycodone,” punishable as
  590  provided in s. 775.082, s. 775.083, or s. 775.084. If the
  591  quantity involved:
  592         a. Is 7 grams or more, but less than 14 grams, such person
  593  shall be sentenced to a mandatory minimum term of imprisonment
  594  of 3 years and shall be ordered to pay a fine of $50,000.
  595         b. Is 14 grams or more, but less than 25 grams, such person
  596  shall be sentenced to a mandatory minimum term of imprisonment
  597  of 7 years and shall be ordered to pay a fine of $100,000.
  598         c. Is 25 grams or more, but less than 100 grams, such
  599  person shall be sentenced to a mandatory minimum term of
  600  imprisonment of 15 years and shall be ordered to pay a fine of
  601  $500,000.
  602         d. Is 100 grams or more, but less than 30 kilograms, such
  603  person shall be sentenced to a mandatory minimum term of
  604  imprisonment of 25 years and shall be ordered to pay a fine of
  605  $750,000.
  606         4.a. A person who knowingly sells, purchases, manufactures,
  607  delivers, or brings into this state, or who is knowingly in
  608  actual or constructive possession of, 4 grams or more of:
  609         (I) Alfentanil, as described in s. 893.03(2)(b)1.;
  610         (II) Carfentanil, as described in s. 893.03(2)(b)6.;
  611         (III) Fentanyl, as described in s. 893.03(2)(b)9.;
  612         (IV) Sufentanil, as described in s. 893.03(2)(b)29.;
  613         (V) A fentanyl derivative, as described in s.
  614  893.03(1)(a)62.;
  615         (VI) A controlled substance analog, as described in s.
  616  893.0356, of any substance described in sub-sub-subparagraphs
  617  (I)-(V); or
  618         (VII) A mixture containing any substance described in sub
  619  sub-subparagraphs (I)-(VI),
  620  
  621  commits a felony of the first degree, which felony shall be
  622  known as “trafficking in fentanyl,” punishable as provided in s.
  623  775.082, s. 775.083, or s. 775.084.
  624         b. If the quantity involved under sub-subparagraph a.:
  625         (I) Is 4 grams or more, but less than 14 grams, such person
  626  shall be sentenced to a mandatory minimum term of imprisonment
  627  of 3 years, and shall be ordered to pay a fine of $50,000.
  628         (II) Is 14 grams or more, but less than 28 grams, such
  629  person shall be sentenced to a mandatory minimum term of
  630  imprisonment of 15 years, and shall be ordered to pay a fine of
  631  $100,000.
  632         (III) Is 28 grams or more, such person shall be sentenced
  633  to a mandatory minimum term of imprisonment of 25 years, and
  634  shall be ordered to pay a fine of $500,000.
  635         5. A person who knowingly sells, purchases, manufactures,
  636  delivers, or brings into this state, or who is knowingly in
  637  actual or constructive possession of, 30 kilograms or more of
  638  any morphine, opium, oxycodone, hydrocodone, codeine,
  639  hydromorphone, or any salt, derivative, isomer, or salt of an
  640  isomer thereof, including heroin, as described in s.
  641  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or
  642  more of any mixture containing any such substance, commits the
  643  first degree felony of trafficking in illegal drugs. A person
  644  who has been convicted of the first degree felony of trafficking
  645  in illegal drugs under this subparagraph shall be punished by
  646  life imprisonment and is ineligible for any form of
  647  discretionary early release except pardon or executive clemency
  648  or conditional medical release under s. 947.149. However, if the
  649  court determines that, in addition to committing any act
  650  specified in this paragraph:
  651         a. The person intentionally killed an individual or
  652  counseled, commanded, induced, procured, or caused the
  653  intentional killing of an individual and such killing was the
  654  result; or
  655         b. The person’s conduct in committing that act led to a
  656  natural, though not inevitable, lethal result,
  657  
  658  such person commits the capital felony of trafficking in illegal
  659  drugs, punishable as provided in s. ss. 775.082 and 921.142. A
  660  person sentenced for a capital felony under this paragraph shall
  661  also be sentenced to pay the maximum fine provided under
  662  subparagraph 1.
  663         6. A person who knowingly brings into this state 60
  664  kilograms or more of any morphine, opium, oxycodone,
  665  hydrocodone, codeine, hydromorphone, or any salt, derivative,
  666  isomer, or salt of an isomer thereof, including heroin, as
  667  described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or
  668  60 kilograms or more of any mixture containing any such
  669  substance, and who knows that the probable result of such
  670  importation would be the death of a person, commits capital
  671  importation of illegal drugs, a capital felony punishable as
  672  provided in s. ss. 775.082 and 921.142. A person sentenced for a
  673  capital felony under this paragraph shall also be sentenced to
  674  pay the maximum fine provided under subparagraph 1.
  675         (d)1. Any person who knowingly sells, purchases,
  676  manufactures, delivers, or brings into this state, or who is
  677  knowingly in actual or constructive possession of, 28 grams or
  678  more of phencyclidine, as described in s. 893.03(2)(b)23., a
  679  substituted phenylcyclohexylamine, as described in s.
  680  893.03(1)(c)195., or a substance described in s.
  681  893.03(1)(c)13., 32., 38., 103., or 146., or of any mixture
  682  containing phencyclidine, as described in s. 893.03(2)(b)23., a
  683  substituted phenylcyclohexylamine, as described in s.
  684  893.03(1)(c)195., or a substance described in s.
  685  893.03(1)(c)13., 32., 38., 103., or 146., commits a felony of
  686  the first degree, which felony shall be known as “trafficking in
  687  phencyclidine,” punishable as provided in s. 775.082, s.
  688  775.083, or s. 775.084. If the quantity involved:
  689         a. Is 28 grams or more, but less than 200 grams, such
  690  person shall be sentenced to a mandatory minimum term of
  691  imprisonment of 3 years, and the defendant shall be ordered to
  692  pay a fine of $50,000.
  693         b. Is 200 grams or more, but less than 400 grams, such
  694  person shall be sentenced to a mandatory minimum term of
  695  imprisonment of 7 years, and the defendant shall be ordered to
  696  pay a fine of $100,000.
  697         c. Is 400 grams or more, such person shall be sentenced to
  698  a mandatory minimum term of imprisonment of 15 calendar years
  699  and pay a fine of $250,000.
  700         2. Any person who knowingly brings into this state 800
  701  grams or more of phencyclidine, as described in s.
  702  893.03(2)(b)23., a substituted phenylcyclohexylamine, as
  703  described in s. 893.03(1)(c)195., or a substance described in s.
  704  893.03(1)(c)13., 32., 38., 103., or 146., or of any mixture
  705  containing phencyclidine, as described in s. 893.03(2)(b)23., a
  706  substituted phenylcyclohexylamine, as described in s.
  707  893.03(1)(c)195., or a substance described in s.
  708  893.03(1)(c)13., 32., 38., 103., or 146., and who knows that the
  709  probable result of such importation would be the death of any
  710  person commits capital importation of phencyclidine, a capital
  711  felony punishable as provided in s. ss. 775.082 and 921.142. Any
  712  person sentenced for a capital felony under this paragraph shall
  713  also be sentenced to pay the maximum fine provided under
  714  subparagraph 1.
  715         (e)1. Any person who knowingly sells, purchases,
  716  manufactures, delivers, or brings into this state, or who is
  717  knowingly in actual or constructive possession of, 200 grams or
  718  more of methaqualone or of any mixture containing methaqualone,
  719  as described in s. 893.03(1)(d), commits a felony of the first
  720  degree, which felony shall be known as “trafficking in
  721  methaqualone,” punishable as provided in s. 775.082, s. 775.083,
  722  or s. 775.084. If the quantity involved:
  723         a. Is 200 grams or more, but less than 5 kilograms, such
  724  person shall be sentenced to a mandatory minimum term of
  725  imprisonment of 3 years, and the defendant shall be ordered to
  726  pay a fine of $50,000.
  727         b. Is 5 kilograms or more, but less than 25 kilograms, such
  728  person shall be sentenced to a mandatory minimum term of
  729  imprisonment of 7 years, and the defendant shall be ordered to
  730  pay a fine of $100,000.
  731         c. Is 25 kilograms or more, such person shall be sentenced
  732  to a mandatory minimum term of imprisonment of 15 calendar years
  733  and pay a fine of $250,000.
  734         2. Any person who knowingly brings into this state 50
  735  kilograms or more of methaqualone or of any mixture containing
  736  methaqualone, as described in s. 893.03(1)(d), and who knows
  737  that the probable result of such importation would be the death
  738  of any person commits capital importation of methaqualone, a
  739  capital felony punishable as provided in s. ss. 775.082 and
  740  921.142. Any person sentenced for a capital felony under this
  741  paragraph shall also be sentenced to pay the maximum fine
  742  provided under subparagraph 1.
  743         (f)1. Any person who knowingly sells, purchases,
  744  manufactures, delivers, or brings into this state, or who is
  745  knowingly in actual or constructive possession of, 14 grams or
  746  more of amphetamine, as described in s. 893.03(2)(c)2., or
  747  methamphetamine, as described in s. 893.03(2)(c)4., or of any
  748  mixture containing amphetamine or methamphetamine, or
  749  phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine
  750  in conjunction with other chemicals and equipment utilized in
  751  the manufacture of amphetamine or methamphetamine, commits a
  752  felony of the first degree, which felony shall be known as
  753  “trafficking in amphetamine,” punishable as provided in s.
  754  775.082, s. 775.083, or s. 775.084. If the quantity involved:
  755         a. Is 14 grams or more, but less than 28 grams, such person
  756  shall be sentenced to a mandatory minimum term of imprisonment
  757  of 3 years, and the defendant shall be ordered to pay a fine of
  758  $50,000.
  759         b. Is 28 grams or more, but less than 200 grams, such
  760  person shall be sentenced to a mandatory minimum term of
  761  imprisonment of 7 years, and the defendant shall be ordered to
  762  pay a fine of $100,000.
  763         c. Is 200 grams or more, such person shall be sentenced to
  764  a mandatory minimum term of imprisonment of 15 calendar years
  765  and pay a fine of $250,000.
  766         2. Any person who knowingly manufactures or brings into
  767  this state 400 grams or more of amphetamine, as described in s.
  768  893.03(2)(c)2., or methamphetamine, as described in s.
  769  893.03(2)(c)4., or of any mixture containing amphetamine or
  770  methamphetamine, or phenylacetone, phenylacetic acid,
  771  pseudoephedrine, or ephedrine in conjunction with other
  772  chemicals and equipment used in the manufacture of amphetamine
  773  or methamphetamine, and who knows that the probable result of
  774  such manufacture or importation would be the death of any person
  775  commits capital manufacture or importation of amphetamine, a
  776  capital felony punishable as provided in s. ss. 775.082 and
  777  921.142. Any person sentenced for a capital felony under this
  778  paragraph shall also be sentenced to pay the maximum fine
  779  provided under subparagraph 1.
  780         (g)1. Any person who knowingly sells, purchases,
  781  manufactures, delivers, or brings into this state, or who is
  782  knowingly in actual or constructive possession of, 4 grams or
  783  more of flunitrazepam or any mixture containing flunitrazepam as
  784  described in s. 893.03(1)(a) commits a felony of the first
  785  degree, which felony shall be known as “trafficking in
  786  flunitrazepam,” punishable as provided in s. 775.082, s.
  787  775.083, or s. 775.084. If the quantity involved:
  788         a. Is 4 grams or more but less than 14 grams, such person
  789  shall be sentenced to a mandatory minimum term of imprisonment
  790  of 3 years, and the defendant shall be ordered to pay a fine of
  791  $50,000.
  792         b. Is 14 grams or more but less than 28 grams, such person
  793  shall be sentenced to a mandatory minimum term of imprisonment
  794  of 7 years, and the defendant shall be ordered to pay a fine of
  795  $100,000.
  796         c. Is 28 grams or more but less than 30 kilograms, such
  797  person shall be sentenced to a mandatory minimum term of
  798  imprisonment of 25 calendar years and pay a fine of $500,000.
  799         2. Any person who knowingly sells, purchases, manufactures,
  800  delivers, or brings into this state or who is knowingly in
  801  actual or constructive possession of 30 kilograms or more of
  802  flunitrazepam or any mixture containing flunitrazepam as
  803  described in s. 893.03(1)(a) commits the first degree felony of
  804  trafficking in flunitrazepam. A person who has been convicted of
  805  the first degree felony of trafficking in flunitrazepam under
  806  this subparagraph shall be punished by life imprisonment and is
  807  ineligible for any form of discretionary early release except
  808  pardon or executive clemency or conditional medical release
  809  under s. 947.149. However, if the court determines that, in
  810  addition to committing any act specified in this paragraph:
  811         a. The person intentionally killed an individual or
  812  counseled, commanded, induced, procured, or caused the
  813  intentional killing of an individual and such killing was the
  814  result; or
  815         b. The person’s conduct in committing that act led to a
  816  natural, though not inevitable, lethal result,
  817  
  818  such person commits the capital felony of trafficking in
  819  flunitrazepam, punishable as provided in s. ss. 775.082 and
  820  921.142. Any person sentenced for a capital felony under this
  821  paragraph shall also be sentenced to pay the maximum fine
  822  provided under subparagraph 1.
  823         (h)1. Any person who knowingly sells, purchases,
  824  manufactures, delivers, or brings into this state, or who is
  825  knowingly in actual or constructive possession of, 1 kilogram or
  826  more of gamma-hydroxybutyric acid (GHB), as described in s.
  827  893.03(1)(d), or any mixture containing gamma-hydroxybutyric
  828  acid (GHB), commits a felony of the first degree, which felony
  829  shall be known as “trafficking in gamma-hydroxybutyric acid
  830  (GHB),” punishable as provided in s. 775.082, s. 775.083, or s.
  831  775.084. If the quantity involved:
  832         a. Is 1 kilogram or more but less than 5 kilograms, such
  833  person shall be sentenced to a mandatory minimum term of
  834  imprisonment of 3 years, and the defendant shall be ordered to
  835  pay a fine of $50,000.
  836         b. Is 5 kilograms or more but less than 10 kilograms, such
  837  person shall be sentenced to a mandatory minimum term of
  838  imprisonment of 7 years, and the defendant shall be ordered to
  839  pay a fine of $100,000.
  840         c. Is 10 kilograms or more, such person shall be sentenced
  841  to a mandatory minimum term of imprisonment of 15 calendar years
  842  and pay a fine of $250,000.
  843         2. Any person who knowingly manufactures or brings into
  844  this state 150 kilograms or more of gamma-hydroxybutyric acid
  845  (GHB), as described in s. 893.03(1)(d), or any mixture
  846  containing gamma-hydroxybutyric acid (GHB), and who knows that
  847  the probable result of such manufacture or importation would be
  848  the death of any person commits capital manufacture or
  849  importation of gamma-hydroxybutyric acid (GHB), a capital felony
  850  punishable as provided in s. ss. 775.082 and 921.142. Any person
  851  sentenced for a capital felony under this paragraph shall also
  852  be sentenced to pay the maximum fine provided under subparagraph
  853  1.
  854         (i)1. Any person who knowingly sells, purchases,
  855  manufactures, delivers, or brings into this state, or who is
  856  knowingly in actual or constructive possession of, 1 kilogram or
  857  more of gamma-butyrolactone (GBL), as described in s.
  858  893.03(1)(d), or any mixture containing gamma-butyrolactone
  859  (GBL), commits a felony of the first degree, which felony shall
  860  be known as “trafficking in gamma-butyrolactone (GBL),”
  861  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  862  If the quantity involved:
  863         a. Is 1 kilogram or more but less than 5 kilograms, such
  864  person shall be sentenced to a mandatory minimum term of
  865  imprisonment of 3 years, and the defendant shall be ordered to
  866  pay a fine of $50,000.
  867         b. Is 5 kilograms or more but less than 10 kilograms, such
  868  person shall be sentenced to a mandatory minimum term of
  869  imprisonment of 7 years, and the defendant shall be ordered to
  870  pay a fine of $100,000.
  871         c. Is 10 kilograms or more, such person shall be sentenced
  872  to a mandatory minimum term of imprisonment of 15 calendar years
  873  and pay a fine of $250,000.
  874         2. Any person who knowingly manufactures or brings into the
  875  state 150 kilograms or more of gamma-butyrolactone (GBL), as
  876  described in s. 893.03(1)(d), or any mixture containing gamma
  877  butyrolactone (GBL), and who knows that the probable result of
  878  such manufacture or importation would be the death of any person
  879  commits capital manufacture or importation of gamma
  880  butyrolactone (GBL), a capital felony punishable as provided in
  881  s. ss. 775.082 and 921.142. Any person sentenced for a capital
  882  felony under this paragraph shall also be sentenced to pay the
  883  maximum fine provided under subparagraph 1.
  884         (j)1. Any person who knowingly sells, purchases,
  885  manufactures, delivers, or brings into this state, or who is
  886  knowingly in actual or constructive possession of, 1 kilogram or
  887  more of 1,4-Butanediol as described in s. 893.03(1)(d), or of
  888  any mixture containing 1,4-Butanediol, commits a felony of the
  889  first degree, which felony shall be known as “trafficking in
  890  1,4-Butanediol,” punishable as provided in s. 775.082, s.
  891  775.083, or s. 775.084. If the quantity involved:
  892         a. Is 1 kilogram or more, but less than 5 kilograms, such
  893  person shall be sentenced to a mandatory minimum term of
  894  imprisonment of 3 years, and the defendant shall be ordered to
  895  pay a fine of $50,000.
  896         b. Is 5 kilograms or more, but less than 10 kilograms, such
  897  person shall be sentenced to a mandatory minimum term of
  898  imprisonment of 7 years, and the defendant shall be ordered to
  899  pay a fine of $100,000.
  900         c. Is 10 kilograms or more, such person shall be sentenced
  901  to a mandatory minimum term of imprisonment of 15 calendar years
  902  and pay a fine of $500,000.
  903         2. Any person who knowingly manufactures or brings into
  904  this state 150 kilograms or more of 1,4-Butanediol as described
  905  in s. 893.03(1)(d), or any mixture containing 1,4-Butanediol,
  906  and who knows that the probable result of such manufacture or
  907  importation would be the death of any person commits capital
  908  manufacture or importation of 1,4-Butanediol, a capital felony
  909  punishable as provided in s. ss. 775.082 and 921.142. Any person
  910  sentenced for a capital felony under this paragraph shall also
  911  be sentenced to pay the maximum fine provided under subparagraph
  912  1.
  913         (k)1. A person who knowingly sells, purchases,
  914  manufactures, delivers, or brings into this state, or who is
  915  knowingly in actual or constructive possession of, 10 grams or
  916  more of a:
  917         a. Substance described in s. 893.03(1)(c)4., 5., 10., 11.,
  918  15., 17., 21.-27., 29., 39., 40.-45., 58., 72.-80., 81.-86.,
  919  90.-102., 104.-108., 110.-113., 143.-145., 148.-150., 160.-163.,
  920  165., or 187.-189., a substituted cathinone, as described in s.
  921  893.03(1)(c)191., or substituted phenethylamine, as described in
  922  s. 893.03(1)(c)192.;
  923         b. Mixture containing any substance described in sub
  924  subparagraph a.; or
  925         c. Salt, isomer, ester, or ether or salt of an isomer,
  926  ester, or ether of a substance described in sub-subparagraph a.,
  927  
  928  commits a felony of the first degree, which felony shall be
  929  known as “trafficking in phenethylamines,” punishable as
  930  provided in s. 775.082, s. 775.083, or s. 775.084.
  931         2. If the quantity involved under subparagraph 1.:
  932         a. Is 10 grams or more, but less than 200 grams, such
  933  person shall be sentenced to a mandatory minimum term of
  934  imprisonment of 3 years and shall be ordered to pay a fine of
  935  $50,000.
  936         b. Is 200 grams or more, but less than 400 grams, such
  937  person shall be sentenced to a mandatory minimum term of
  938  imprisonment of 7 years and shall be ordered to pay a fine of
  939  $100,000.
  940         c. Is 400 grams or more, such person shall be sentenced to
  941  a mandatory minimum term of imprisonment of 15 years and shall
  942  be ordered to pay a fine of $250,000.
  943         3. A person who knowingly manufactures or brings into this
  944  state 30 kilograms or more of a substance described in sub
  945  subparagraph 1.a., a mixture described in sub-subparagraph 1.b.,
  946  or a salt, isomer, ester, or ether or a salt of an isomer,
  947  ester, or ether described in sub-subparagraph 1.c., and who
  948  knows that the probable result of such manufacture or
  949  importation would be the death of any person commits capital
  950  manufacture or importation of phenethylamines, a capital felony
  951  punishable as provided in s. ss. 775.082 and 921.142. A person
  952  sentenced for a capital felony under this paragraph shall also
  953  be sentenced to pay the maximum fine under subparagraph 2.
  954         (l)1. Any person who knowingly sells, purchases,
  955  manufactures, delivers, or brings into this state, or who is
  956  knowingly in actual or constructive possession of, 1 gram or
  957  more of lysergic acid diethylamide (LSD) as described in s.
  958  893.03(1)(c), or of any mixture containing lysergic acid
  959  diethylamide (LSD), commits a felony of the first degree, which
  960  felony shall be known as “trafficking in lysergic acid
  961  diethylamide (LSD),” punishable as provided in s. 775.082, s.
  962  775.083, or s. 775.084. If the quantity involved:
  963         a. Is 1 gram or more, but less than 5 grams, such person
  964  shall be sentenced to a mandatory minimum term of imprisonment
  965  of 3 years, and the defendant shall be ordered to pay a fine of
  966  $50,000.
  967         b. Is 5 grams or more, but less than 7 grams, such person
  968  shall be sentenced to a mandatory minimum term of imprisonment
  969  of 7 years, and the defendant shall be ordered to pay a fine of
  970  $100,000.
  971         c. Is 7 grams or more, such person shall be sentenced to a
  972  mandatory minimum term of imprisonment of 15 calendar years and
  973  pay a fine of $500,000.
  974         2. Any person who knowingly manufactures or brings into
  975  this state 7 grams or more of lysergic acid diethylamide (LSD)
  976  as described in s. 893.03(1)(c), or any mixture containing
  977  lysergic acid diethylamide (LSD), and who knows that the
  978  probable result of such manufacture or importation would be the
  979  death of any person commits capital manufacture or importation
  980  of lysergic acid diethylamide (LSD), a capital felony punishable
  981  as provided in s. ss. 775.082 and 921.142. Any person sentenced
  982  for a capital felony under this paragraph shall also be
  983  sentenced to pay the maximum fine provided under subparagraph 1.
  984         Section 18. Paragraph (e) of subsection (4) of section
  985  944.275, Florida Statutes, is amended to read:
  986         944.275 Gain-time.—
  987         (4)
  988         (e) Notwithstanding subparagraph (b)3., for sentences
  989  imposed for offenses committed on or after October 1, 2014, the
  990  department may not grant incentive gain-time if the offense is a
  991  violation of s. 782.04(1)(b)3. 782.04(1)(a)2.c.; s.
  992  787.01(3)(a)2. or 3.; s. 787.02(3)(a)2. or 3.; s. 794.011,
  993  excluding s. 794.011(10); s. 800.04; s. 825.1025; or s.
  994  847.0135(5).
  995         Section 19. Paragraph (a) of subsection (5) of section
  996  948.012, Florida Statutes, is amended to read:
  997         948.012 Split sentence of probation or community control
  998  and imprisonment.—
  999         (5)(a) Effective for offenses committed on or after October
 1000  1, 2014, if the court imposes a term of years in accordance with
 1001  s. 775.082 which is less than the maximum sentence for the
 1002  offense, the court must impose a split sentence pursuant to
 1003  subsection (1) for any person who is convicted of a violation
 1004  of:
 1005         1. Section 782.04(1)(b)3. 782.04(1)(a)2.c.;
 1006         2. Section 787.01(3)(a)2. or 3.;
 1007         3. Section 787.02(3)(a)2. or 3.;
 1008         4. Section 794.011, excluding s. 794.011(10);
 1009         5. Section 800.04;
 1010         6. Section 825.1025; or
 1011         7. Section 847.0135(5).
 1012         Section 20. Sections 922.052, 922.06, 922.07, 922.08,
 1013  922.095, 922.10, 922.105, 922.108, 922.11, 922.111, 922.12,
 1014  922.14, 922.15, 924.055, 924.056, and 924.057, Florida Statutes,
 1015  are repealed.
 1016         Section 21. Subsection (4) of section 925.11, Florida
 1017  Statutes, is amended to read:
 1018         925.11 Postsentencing DNA testing.—
 1019         (4) PRESERVATION OF EVIDENCE.—
 1020         (a) Governmental entities that may be in possession of any
 1021  physical evidence in the case, including, but not limited to,
 1022  any investigating law enforcement agency, the clerk of the
 1023  court, the prosecuting authority, or the Department of Law
 1024  Enforcement shall maintain any physical evidence collected at
 1025  the time of the crime for which a postsentencing testing of DNA
 1026  may be requested.
 1027         (b)In a case in which the death penalty is imposed, the
 1028  evidence shall be maintained for 60 days after execution of the
 1029  sentence. In all other cases, a governmental entity may dispose
 1030  of the physical evidence if the term of the sentence imposed in
 1031  the case has expired and no other provision of law or rule
 1032  requires that the physical evidence be preserved or retained.
 1033         Section 22. Paragraphs (g), (h), and (i) of subsection (1)
 1034  and subsection (2) of section 945.10, Florida Statutes, are
 1035  amended to read:
 1036         945.10 Confidential information.—
 1037         (1) Except as otherwise provided by law or in this section,
 1038  the following records and information held by the Department of
 1039  Corrections are confidential and exempt from the provisions of
 1040  s. 119.07(1) and s. 24(a), Art. I of the State Constitution:
 1041         (g)Information which identifies an executioner, or any
 1042  person prescribing, preparing, compounding, dispensing, or
 1043  administering a lethal injection.
 1044         (g)(h) The identity of any inmate or offender upon whom an
 1045  HIV test has been performed and the inmate’s or offender’s test
 1046  results, in accordance with s. 381.004. The term “HIV test” has
 1047  the same meaning as provided in s. 381.004. This paragraph is
 1048  subject to the Open Government Sunset Review Act of 1995 in
 1049  accordance with s. 119.15 and shall stand repealed on October 2,
 1050  2022, unless reviewed and saved from repeal through reenactment
 1051  by the Legislature.
 1052         (h)(i) Records that are otherwise confidential or exempt
 1053  from public disclosure by law.
 1054         (2) The records and information specified in paragraphs
 1055  (1)(a)-(h) (1)(a)-(i) may be released as follows unless
 1056  expressly prohibited by federal law:
 1057         (a) Information specified in paragraphs (1)(b), (d), and
 1058  (f) to the Executive Office of the Governor, the Legislature,
 1059  the Florida Commission on Offender Review, the Department of
 1060  Children and Families, a private correctional facility or
 1061  program that operates under a contract, the Department of Legal
 1062  Affairs, a state attorney, the court, or a law enforcement
 1063  agency. A request for records or information pursuant to this
 1064  paragraph need not be in writing.
 1065         (b) Information specified in paragraphs (1)(c), (e), and
 1066  (h) (i) to the Executive Office of the Governor, the
 1067  Legislature, the Florida Commission on Offender Review, the
 1068  Department of Children and Families, a private correctional
 1069  facility or program that operates under contract, the Department
 1070  of Legal Affairs, a state attorney, the court, or a law
 1071  enforcement agency. A request for records or information
 1072  pursuant to this paragraph must be in writing and a statement
 1073  provided demonstrating a need for the records or information.
 1074         (c) Information specified in paragraph (1)(b) to an
 1075  attorney representing an inmate under sentence of death, except
 1076  those portions of the records containing a victim’s statement or
 1077  address, or the statement or address of a relative of the
 1078  victim. A request for records of information pursuant to this
 1079  paragraph must be in writing and a statement provided
 1080  demonstrating a need for the records or information.
 1081         (d) Information specified in paragraph (1)(b) to a public
 1082  defender representing a defendant, except those portions of the
 1083  records containing a victim’s statement or address, or the
 1084  statement or address of a relative of the victim. A request for
 1085  records or information pursuant to this paragraph need not be in
 1086  writing.
 1087         (e) Information specified in paragraph (1)(b) to state or
 1088  local governmental agencies. A request for records or
 1089  information pursuant to this paragraph must be in writing and a
 1090  statement provided demonstrating a need for the records or
 1091  information.
 1092         (f) Information specified in paragraph (1)(b) to a person
 1093  conducting legitimate research. A request for records and
 1094  information pursuant to this paragraph must be in writing, the
 1095  person requesting the records or information must sign a
 1096  confidentiality agreement, and the department must approve the
 1097  request in writing.
 1098         (g) Protected health information and records specified in
 1099  paragraphs (1)(a) and (g) (h) to the Department of Health and
 1100  the county health department where an inmate plans to reside if
 1101  he or she has tested positive for the presence of the antibody
 1102  or antigen to human immunodeficiency virus infection or as
 1103  authorized in s. 381.004.
 1104         (h) Protected health information and mental health,
 1105  medical, or substance abuse records specified in paragraph
 1106  (1)(a) to the Executive Office of the Governor, the Correctional
 1107  Medical Authority, and the Department of Health for health care
 1108  oversight activities authorized by state or federal law,
 1109  including audits; civil, administrative, or criminal
 1110  investigations; or inspections relating to the provision of
 1111  health services, in accordance with 45 C.F.R. part 164, subpart
 1112  E.
 1113         (i) Protected health information and mental health,
 1114  medical, or substance abuse records specified in paragraph
 1115  (1)(a) to a state attorney, a state court, or a law enforcement
 1116  agency conducting an ongoing criminal investigation, if the
 1117  inmate agrees to the disclosure and provides written consent or,
 1118  if the inmate refuses to provide written consent, in response to
 1119  an order of a court of competent jurisdiction, a subpoena,
 1120  including a grand jury, investigative, or administrative
 1121  subpoena, a court-ordered warrant, or a statutorily authorized
 1122  investigative demand or other process as authorized by law, in
 1123  accordance with 45 C.F.R. part 164, subpart E, provided that:
 1124         1. The protected health information and records sought are
 1125  relevant and material to a legitimate law enforcement inquiry;
 1126         2. There is a clear connection between the investigated
 1127  incident and the inmate whose protected health information and
 1128  records are sought;
 1129         3. The request is specific and limited in scope to the
 1130  extent reasonably practicable in light of the purpose for which
 1131  the information or records are sought; and
 1132         4. Deidentified information could not reasonably be used.
 1133         (j) Protected health information and mental health,
 1134  medical, or substance abuse records specified in paragraph
 1135  (1)(a) of an inmate who is or is suspected of being the victim
 1136  of a crime, to a state attorney or a law enforcement agency if
 1137  the inmate agrees to the disclosure and provides written consent
 1138  or if the inmate is unable to agree because of incapacity or
 1139  other emergency circumstance, in accordance with 45 C.F.R. part
 1140  164, subpart E, provided that:
 1141         1. Such protected health information and records are needed
 1142  to determine whether a violation of law by a person other than
 1143  the inmate victim has occurred;
 1144         2. Such protected health information or records are not
 1145  intended to be used against the inmate victim;
 1146         3. The immediate law enforcement activity that depends upon
 1147  the disclosure would be materially and adversely affected by
 1148  waiting until the inmate victim is able to agree to the
 1149  disclosure; and
 1150         4. The disclosure is in the best interests of the inmate
 1151  victim, as determined by the department.
 1152         (k) Protected health information and mental health,
 1153  medical, or substance abuse records specified in paragraph
 1154  (1)(a) to a state attorney or a law enforcement agency if the
 1155  department believes in good faith that the information and
 1156  records constitute evidence of criminal conduct that occurred in
 1157  a correctional institution or facility, in accordance with 45
 1158  C.F.R. part 164, subpart E, provided that:
 1159         1. The protected health information and records disclosed
 1160  are specific and limited in scope to the extent reasonably
 1161  practicable in light of the purpose for which the information or
 1162  records are sought;
 1163         2. There is a clear connection between the criminal conduct
 1164  and the inmate whose protected health information and records
 1165  are sought; and
 1166         3. Deidentified information could not reasonably be used.
 1167         (l) Protected health information and mental health,
 1168  medical, or substance abuse records specified in paragraph
 1169  (1)(a) to the Division of Risk Management of the Department of
 1170  Financial Services, in accordance with 45 C.F.R. part 164,
 1171  subpart E, upon certification by the Division of Risk Management
 1172  that such information and records are necessary to investigate
 1173  and provide legal representation for a claim against the
 1174  Department of Corrections.
 1175         (m) Protected health information and mental health,
 1176  medical, or substance abuse records specified in paragraph
 1177  (1)(a) of an inmate who is bringing a legal action against the
 1178  department, to the Department of Legal Affairs or to an attorney
 1179  retained to represent the department in a legal proceeding, in
 1180  accordance with 45 C.F.R. part 164, subpart E.
 1181         (n) Protected health information and mental health,
 1182  medical, or substance abuse records of an inmate as specified in
 1183  paragraph (1)(a) to another correctional institution or facility
 1184  or law enforcement official having lawful custody of the inmate,
 1185  in accordance with 45 C.F.R. part 164, subpart E, if the
 1186  protected health information or records are necessary for:
 1187         1. The provision of health care to the inmate;
 1188         2. The health and safety of the inmate or other inmates;
 1189         3. The health and safety of the officers, employees, or
 1190  others at the correctional institution or facility;
 1191         4. The health and safety of the individuals or officers
 1192  responsible for transporting the inmate from one correctional
 1193  institution, facility, or setting to another;
 1194         5. Law enforcement on the premises of the correctional
 1195  institution or facility; or
 1196         6. The administration and maintenance of the safety,
 1197  security, and good order of the correctional institution or
 1198  facility.
 1199         (o) Protected health information and mental health,
 1200  medical, or substance abuse records of an inmate as specified in
 1201  paragraph (1)(a) to the Department of Children and Families and
 1202  the Florida Commission on Offender Review, in accordance with 45
 1203  C.F.R. part 164, subpart E, if the inmate received mental health
 1204  treatment while in the custody of the Department of Corrections
 1205  and becomes eligible for release under supervision or upon the
 1206  end of his or her sentence.
 1207         (p) Notwithstanding s. 456.057 and in accordance with 45
 1208  C.F.R. part 164, subpart E, protected health information and
 1209  mental health, medical, or substance abuse records specified in
 1210  paragraph (1)(a) of a deceased inmate or offender to an
 1211  individual with authority to act on behalf of the deceased
 1212  inmate or offender, upon the individual’s request. For purposes
 1213  of this section, the following individuals have authority to act
 1214  on behalf of a deceased inmate or offender only for the purpose
 1215  of requesting access to such protected health information and
 1216  records:
 1217         1. A person appointed by a court to act as the personal
 1218  representative, executor, administrator, curator, or temporary
 1219  administrator of the deceased inmate’s or offender’s estate;
 1220         2. If a court has not made a judicial appointment under
 1221  subparagraph 1., a person designated by the inmate or offender
 1222  to act as his or her personal representative in a last will that
 1223  is self-proved under s. 732.503; or
 1224         3. If a court has not made a judicial appointment under
 1225  subparagraph 1. or if the inmate or offender has not designated
 1226  a person in a self-proved last will as provided in subparagraph
 1227  2., only the following individuals:
 1228         a. A surviving spouse.
 1229         b. If there is no surviving spouse, a surviving adult child
 1230  of the inmate or offender.
 1231         c. If there is no surviving spouse or adult child, a parent
 1232  of the inmate or offender.
 1233         (q) All requests for access to a deceased inmate’s or
 1234  offender’s protected health information or mental health,
 1235  medical, or substance abuse records specified in paragraph
 1236  (1)(a) must be in writing and must be accompanied by the
 1237  following:
 1238         1. If made by a person authorized under subparagraph (p)1.,
 1239  a copy of the letter of administration and a copy of the court
 1240  order appointing such person as the representative of the
 1241  inmate’s or offender’s estate.
 1242         2. If made by a person authorized under subparagraph (p)2.,
 1243  a copy of the self-proved last will designating the person as
 1244  the inmate’s or offender’s representative.
 1245         3. If made by a person authorized under subparagraph (p)3.,
 1246  a letter from the person’s attorney verifying the person’s
 1247  relationship to the inmate or offender and the absence of a
 1248  court-appointed representative and self-proved last will.
 1249  
 1250  Records and information released under this subsection remain
 1251  confidential and exempt from the provisions of s. 119.07(1) and
 1252  s. 24(a), Art. I of the State Constitution when held by the
 1253  receiving person or entity.
 1254         Section 23. This act shall take effect upon becoming a law.