Florida Senate - 2022                                    SB 1496
       
       
        
       By Senator Bracy
       
       
       
       
       
       11-01521-22                                           20221496__
    1                        A bill to be entitled                      
    2         An act relating to murder; amending s. 782.04, F.S.;
    3         revising the elements that constitute murder in the
    4         first degree and murder in the second degree; revising
    5         the elements that constitute felony murder, for murder
    6         in the second degree; deleting provisions relating to
    7         felony murder, for murder in the third degree;
    8         creating s. 782.041, F.S.; authorizing a person
    9         convicted under certain murder provisions to file a
   10         petition with the sentencing court to have his or her
   11         murder conviction vacated or to be resentenced, as
   12         applicable, on or after a specified date; amending ss.
   13         27.401, 394.912, 775.0823, 782.065, 921.0022, 944.275,
   14         947.146, and 948.012, F.S.; conforming provisions to
   15         changes made by the act; amending s. 921.0024, F.S.;
   16         conforming cross-references; providing an effective
   17         date.
   18  
   19         WHEREAS, there is a need for statutory changes to more
   20  equitably sentence offenders in accordance with their level of
   21  involvement in homicides, and
   22         WHEREAS, it is a bedrock principle of the law and of equity
   23  that a person should be punished for his or her actions
   24  according to his or her level of individual culpability, and
   25         WHEREAS, it is necessary to amend Florida’s felony murder
   26  law to limit convictions and subsequent sentencing so that the
   27  laws of this state fairly address the culpability of the
   28  individual and assist in the reduction of prison overcrowding,
   29  which partially results from lengthy sentences that are not
   30  commensurate with the culpability of the individual, NOW,
   31  THEREFORE,
   32  
   33  Be It Enacted by the Legislature of the State of Florida:
   34  
   35         Section 1. Section 782.04, Florida Statutes, is amended to
   36  read:
   37         782.04 Murder.—
   38         (1)(a) The unlawful killing of a human being:
   39         1. When perpetrated from a premeditated design to effect
   40  the death of the person killed or any human being;
   41         2. When committed by a person engaged in the perpetration
   42  of, or in the attempt to perpetrate, any:
   43         a. Trafficking offense prohibited by s. 893.135(1),
   44         b. Arson,
   45         c. Sexual battery,
   46         d. Robbery,
   47         e. Burglary,
   48         f. Kidnapping,
   49         g. Escape,
   50         h. Aggravated child abuse,
   51         i. Aggravated abuse of an elderly person or disabled adult,
   52         j. Aircraft piracy,
   53         k. Unlawful throwing, placing, or discharging of a
   54  destructive device or bomb,
   55         l. Carjacking,
   56         m. Home-invasion robbery,
   57         n. Aggravated stalking,
   58         o. Murder of another human being,
   59         p. Resisting an officer with violence to his or her person,
   60         q. Aggravated fleeing or eluding with serious bodily injury
   61  or death,
   62         r. Felony that is an act of terrorism or is in furtherance
   63  of an act of terrorism, including a felony under s. 775.30, s.
   64  775.32, s. 775.33, s. 775.34, or s. 775.35, or
   65         s. Human trafficking; or
   66         2.3. Which resulted from the unlawful distribution by a
   67  person 18 years of age or older of any of the following
   68  substances, or mixture containing any of the following
   69  substances, when such substance or mixture is proven to be the
   70  proximate cause of the death of the user:
   71         a. A substance controlled under s. 893.03(1);
   72         b. Cocaine, as described in s. 893.03(2)(a)4.;
   73         c. Opium or any synthetic or natural salt, compound,
   74  derivative, or preparation of opium;
   75         d. Methadone;
   76         e. Alfentanil, as described in s. 893.03(2)(b)1.;
   77         f. Carfentanil, as described in s. 893.03(2)(b)6.;
   78         g. Fentanyl, as described in s. 893.03(2)(b)9.;
   79         h. Sufentanil, as described in s. 893.03(2)(b)30.; or
   80         i. A controlled substance analog, as described in s.
   81  893.0356, of any substance specified in sub-subparagraphs a.-h.,
   82  
   83  is murder in the first degree and constitutes a capital felony,
   84  punishable as provided in s. 775.082.
   85         (b) In all cases under this section, the procedure set
   86  forth in s. 921.141 shall be followed in order to determine
   87  sentence of death or life imprisonment. If the prosecutor
   88  intends to seek the death penalty, the prosecutor must give
   89  notice to the defendant and file the notice with the court
   90  within 45 days after arraignment. The notice must contain a list
   91  of the aggravating factors the state intends to prove and has
   92  reason to believe it can prove beyond a reasonable doubt. The
   93  court may allow the prosecutor to amend the notice upon a
   94  showing of good cause.
   95         (2) The unlawful killing of a human being, when perpetrated
   96  by any act imminently dangerous to another and evincing a
   97  depraved mind regardless of human life, although without any
   98  premeditated design to effect the death of any particular
   99  individual, is murder in the second degree and constitutes a
  100  felony of the first degree, punishable by imprisonment for a
  101  term of years not exceeding life or as provided in s. 775.082,
  102  s. 775.083, or s. 775.084.
  103         (3)(a)The unlawful killing of a human being, when
  104  committed by a person or a participant engaged in the
  105  perpetration of, or in the attempt to perpetrate, any of the
  106  violations listed in paragraph (b), is murder in the second
  107  degree, a felony of the first degree punishable by imprisonment
  108  for a term of years not exceeding life or as provided in s.
  109  775.082, s. 775.083, or s. 775.084, only if one of the following
  110  is proven:
  111         1.The person was the actual killer.
  112         2.The person was not the actual killer, but, with the
  113  intent to kill, aided, abetted, counseled, commanded, induced,
  114  solicited, requested, or assisted the actual killer in the
  115  commission of murder.
  116         3.The person was a major participant in the underlying
  117  felony and acted with reckless indifference to human life.
  118         (b)The violations referenced in paragraph (a) include:
  119         1.A trafficking offense prohibited by s. 893.135(1).
  120         2.Arson.
  121         3.Sexual battery.
  122         4.Robbery.
  123         5.Burglary.
  124         6.Kidnapping.
  125         7.Escape.
  126         8.Aggravated child abuse.
  127         9. Aggravated abuse of an elderly person or a disabled
  128  adult.
  129         10.Aircraft piracy.
  130         11. Unlawful throwing, placing, or discharging of a
  131  destructive device or bomb.
  132         12.Carjacking.
  133         13.Home-invasion robbery.
  134         14.Aggravated stalking.
  135         15. Murder of another human being.
  136         16. Resisting an officer with violence to his or her
  137  person.
  138         17. Aggravated fleeing or eluding with serious bodily
  139  injury or death.
  140         18.A felony that is an act of terrorism or is in
  141  furtherance of an act of terrorism, including a felony under s.
  142  775.30, s. 775.32, s. 775.33, s. 775.34, or s. 775.35.
  143         19. Human trafficking.
  144         (3) When a human being is killed during the perpetration
  145  of, or during the attempt to perpetrate, any:
  146         (a) Trafficking offense prohibited by s. 893.135(1),
  147         (b) Arson,
  148         (c) Sexual battery,
  149         (d) Robbery,
  150         (e) Burglary,
  151         (f) Kidnapping,
  152         (g) Escape,
  153         (h) Aggravated child abuse,
  154         (i) Aggravated abuse of an elderly person or disabled
  155  adult,
  156         (j) Aircraft piracy,
  157         (k) Unlawful throwing, placing, or discharging of a
  158  destructive device or bomb,
  159         (l) Carjacking,
  160         (m) Home-invasion robbery,
  161         (n) Aggravated stalking,
  162         (o) Murder of another human being,
  163         (p) Aggravated fleeing or eluding with serious bodily
  164  injury or death,
  165         (q) Resisting an officer with violence to his or her
  166  person, or
  167         (r) Felony that is an act of terrorism or is in furtherance
  168  of an act of terrorism, including a felony under s. 775.30, s.
  169  775.32, s. 775.33, s. 775.34, or s. 775.35,
  170  
  171  by a person other than the person engaged in the perpetration of
  172  or in the attempt to perpetrate such felony, the person
  173  perpetrating or attempting to perpetrate such felony commits
  174  murder in the second degree, which constitutes a felony of the
  175  first degree, punishable by imprisonment for a term of years not
  176  exceeding life or as provided in s. 775.082, s. 775.083, or s.
  177  775.084.
  178         (4) The unlawful killing of a human being, when perpetrated
  179  without any design to effect death, by a person engaged in the
  180  perpetration of, or in the attempt to perpetrate, any felony
  181  other than any:
  182         (a) Trafficking offense prohibited by s. 893.135(1),
  183         (b) Arson,
  184         (c) Sexual battery,
  185         (d) Robbery,
  186         (e) Burglary,
  187         (f) Kidnapping,
  188         (g) Escape,
  189         (h) Aggravated child abuse,
  190         (i) Aggravated abuse of an elderly person or disabled
  191  adult,
  192         (j) Aircraft piracy,
  193         (k) Unlawful throwing, placing, or discharging of a
  194  destructive device or bomb,
  195         (l) Unlawful distribution of any substance controlled under
  196  s. 893.03(1), cocaine as described in s. 893.03(2)(a)4., or
  197  opium or any synthetic or natural salt, compound, derivative, or
  198  preparation of opium by a person 18 years of age or older, when
  199  such drug is proven to be the proximate cause of the death of
  200  the user,
  201         (m) Carjacking,
  202         (n) Home-invasion robbery,
  203         (o) Aggravated stalking,
  204         (p) Murder of another human being,
  205         (q) Aggravated fleeing or eluding with serious bodily
  206  injury or death,
  207         (r) Resisting an officer with violence to his or her
  208  person, or
  209         (s) Felony that is an act of terrorism or is in furtherance
  210  of an act of terrorism, including a felony under s. 775.30, s.
  211  775.32, s. 775.33, s. 775.34, or s. 775.35,
  212  
  213  is murder in the third degree and constitutes a felony of the
  214  second degree, punishable as provided in s. 775.082, s. 775.083,
  215  or s. 775.084.
  216         (4)(5) As used in this section, the term “terrorism” means
  217  an activity that:
  218         (a)1. Involves a violent act or an act dangerous to human
  219  life which is a violation of the criminal laws of this state or
  220  of the United States; or
  221         2. Involves a violation of s. 815.06; and
  222         (b) Is intended to:
  223         1. Intimidate, injure, or coerce a civilian population;
  224         2. Influence the policy of a government by intimidation or
  225  coercion; or
  226         3. Affect the conduct of government through destruction of
  227  property, assassination, murder, kidnapping, or aircraft piracy.
  228         Section 2. Section 782.041, Florida Statutes, is created to
  229  read:
  230         782.041 Retroactive application relating to s. 782.04;
  231  resentencing.—A person convicted and sentenced under s. 782.04
  232  as it existed on or before June 30, 2022, may file a petition
  233  with the court that sentenced the petitioner to have the
  234  petitioner’s murder conviction vacated or to be resentenced, as
  235  applicable, under the revised provisions of s. 782.04 on or
  236  after July 1, 2022.
  237         Section 3. Subsection (2) of section 27.401, Florida
  238  Statutes, is amended to read:
  239         27.401 Cross-Circuit Conflict Representation Pilot
  240  Program.—
  241         (2) Notwithstanding ss. 27.40 and 27.5305:
  242         (a) If the public defender in the Tenth Judicial Circuit is
  243  unable to provide representation to an indigent defendant
  244  charged with a crime under s. 782.04(2) or, (3), or (4) due to a
  245  conflict of interest and the criminal conflict and civil
  246  regional counsel of the Second Region is also unable to provide
  247  representation for the case due to a conflict of interest, the
  248  public defender in the Thirteenth Judicial Circuit shall be
  249  appointed. If the public defender in the Thirteenth Judicial
  250  Circuit is unable to provide representation for the case due to
  251  a conflict of interest, the criminal conflict and civil regional
  252  counsel in the Fifth Region shall be appointed. If the criminal
  253  conflict and civil regional counsel in the Fifth Region is
  254  unable to provide representation due to a conflict of interest,
  255  private counsel shall be appointed.
  256         (b) If the public defender in the Thirteenth Judicial
  257  Circuit is unable to provide representation to an indigent
  258  defendant charged with a crime under s. 782.04(2) or, (3), or
  259  (4) due to a conflict of interest and the criminal conflict and
  260  civil regional counsel of the Second Region is also unable to
  261  provide representation for the case due to a conflict of
  262  interest, the public defender in the Tenth Judicial Circuit
  263  shall be appointed. If the public defender in the Tenth Judicial
  264  Circuit is unable to provide representation for the case due to
  265  a conflict of interest, the criminal conflict and civil regional
  266  counsel in the Fifth Region shall be appointed. If the criminal
  267  conflict and civil regional counsel in the Fifth Region is
  268  unable to provide representation due to a conflict of interest,
  269  private counsel shall be appointed.
  270         Section 4. Subsection (9) of section 394.912, Florida
  271  Statutes, is amended to read:
  272         394.912 Definitions.—As used in this part, the term:
  273         (9) “Sexually violent offense” means:
  274         (a) Murder of a human being while engaged in sexual battery
  275  in violation of s. 782.04(3)(b)3. s. 782.04(1)(a)2.;
  276         (b) Kidnapping of a child under the age of 13 and, in the
  277  course of that offense, committing:
  278         1. Sexual battery; or
  279         2. A lewd, lascivious, or indecent assault or act upon or
  280  in the presence of the child;
  281         (c) Committing the offense of false imprisonment upon a
  282  child under the age of 13 and, in the course of that offense,
  283  committing:
  284         1. Sexual battery; or
  285         2. A lewd, lascivious, or indecent assault or act upon or
  286  in the presence of the child;
  287         (d) Sexual battery in violation of s. 794.011;
  288         (e) Lewd, lascivious, or indecent assault or act upon or in
  289  presence of the child in violation of s. 800.04 or s.
  290  847.0135(5);
  291         (f) An attempt, criminal solicitation, or conspiracy, in
  292  violation of s. 777.04, of a sexually violent offense;
  293         (g) Any conviction for a felony offense in effect at any
  294  time before October 1, 1998, which is comparable to a sexually
  295  violent offense under paragraphs (a)-(f) or any federal
  296  conviction or conviction in another state for a felony offense
  297  that in this state would be a sexually violent offense;
  298         (h) Any criminal act that, either at the time of sentencing
  299  for the offense or subsequently during civil commitment
  300  proceedings under this part, has been determined beyond a
  301  reasonable doubt to have been sexually motivated; or
  302         (i) A criminal offense in which the state attorney refers a
  303  person to the department for civil commitment proceedings
  304  pursuant to s. 394.9125.
  305         Section 5. Subsections (6) and (7) of section 775.0823,
  306  Florida Statutes, are amended to read:
  307         775.0823 Violent offenses committed against law enforcement
  308  officers, correctional officers, state attorneys, assistant
  309  state attorneys, justices, or judges.—The Legislature does
  310  hereby provide for an increase and certainty of penalty for any
  311  person convicted of a violent offense against any law
  312  enforcement or correctional officer, as defined in s. 943.10(1),
  313  (2), (3), (6), (7), (8), or (9); against any state attorney
  314  elected pursuant to s. 27.01 or assistant state attorney
  315  appointed under s. 27.181; or against any justice or judge of a
  316  court described in Art. V of the State Constitution, which
  317  offense arises out of or in the scope of the officer’s duty as a
  318  law enforcement or correctional officer, the state attorney’s or
  319  assistant state attorney’s duty as a prosecutor or investigator,
  320  or the justice’s or judge’s duty as a judicial officer, as
  321  follows:
  322         (6) For murder in the third degree as described in s.
  323  782.04(4), a sentence pursuant to s. 775.082, s. 775.083, or s.
  324  775.084.
  325         (7) For attempted murder in the third degree as described
  326  in s. 782.04(4), a sentence pursuant to s. 775.082, s. 775.083,
  327  or s. 775.084.
  328  
  329  Notwithstanding the provisions of s. 948.01, with respect to any
  330  person who is found to have violated this section, adjudication
  331  of guilt or imposition of sentence shall not be suspended,
  332  deferred, or withheld.
  333         Section 6. Section 782.065, Florida Statutes, is amended to
  334  read:
  335         782.065 Murder; law enforcement officer, correctional
  336  officer, correctional probation officer.—Notwithstanding ss.
  337  775.082, 775.0823, 782.04, 782.051, and chapter 921, a defendant
  338  shall be sentenced to life imprisonment without eligibility for
  339  release upon findings by the trier of fact that, beyond a
  340  reasonable doubt:
  341         (1) The defendant committed murder in the first degree in
  342  violation of s. 782.04(1) and a death sentence was not imposed;
  343  murder in the second or third degree in violation of s.
  344  782.04(2) or, (3), or (4); attempted murder in the first or
  345  second degree in violation of s. 782.04(1)(a)1. or (2); or
  346  attempted felony murder in violation of s. 782.051; and
  347         (2) The victim of any offense described in subsection (1)
  348  was a law enforcement officer, part-time law enforcement
  349  officer, auxiliary law enforcement officer, correctional
  350  officer, part-time correctional officer, auxiliary correctional
  351  officer, correctional probation officer, part-time correctional
  352  probation officer, or auxiliary correctional probation officer,
  353  as those terms are defined in s. 943.10, engaged in the lawful
  354  performance of a legal duty.
  355         Section 7. Paragraph (h) of subsection (3) of section
  356  921.0022, Florida Statutes, is amended to read:
  357         921.0022 Criminal Punishment Code; offense severity ranking
  358  chart.—
  359         (3) OFFENSE SEVERITY RANKING CHART
  360         (h) LEVEL 8
  361  
  362  FloridaStatute            FelonyDegree         Description         
  363  316.193 (3)(c)3.a.             2nd     DUI manslaughter.           
  364  316.1935(4)(b)                 1st     Aggravated fleeing or attempted eluding with serious bodily injury or death.
  365  327.35(3)(c)3.                 2nd     Vessel BUI manslaughter.    
  366  499.0051(6)                    1st     Knowing trafficking in contraband prescription drugs.
  367  499.0051(7)                    1st     Knowing forgery of prescription labels or prescription drug labels.
  368  560.123(8)(b)2.                2nd     Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
  369  560.125(5)(b)                  2nd     Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
  370  655.50(10)(b)2.                2nd     Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
  371  777.03(2)(a)                   1st     Accessory after the fact, capital felony.
  372  782.04(4)                      2nd     Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aggravated fleeing or eluding with serious bodily injury or death, aircraft piracy, or unlawfully discharging bomb.
  373  782.051(2)                     1st     Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
  374  782.071(1)(b)                  1st     Committing vehicular homicide and failing to render aid or give information.
  375  782.072(2)                     1st     Committing vessel homicide and failing to render aid or give information.
  376  787.06(3)(a)1.                 1st     Human trafficking for labor and services of a child.
  377  787.06(3)(b)                   1st     Human trafficking using coercion for commercial sexual activity of an adult.
  378  787.06(3)(c)2.                 1st     Human trafficking using coercion for labor and services of an unauthorized alien adult.
  379  787.06(3)(e)1.                 1st     Human trafficking for labor and services by the transfer or transport of a child from outside Florida to within the state.
  380  787.06(3)(f)2.                 1st     Human trafficking using coercion for commercial sexual activity by the transfer or transport of any adult from outside Florida to within the state.
  381  790.161(3)                     1st     Discharging a destructive device which results in bodily harm or property damage.
  382  794.011(5)(a)                  1st     Sexual battery; victim 12 years of age or older but younger than 18 years; offender 18 years or older; offender does not use physical force likely to cause serious injury.
  383  794.011(5)(b)                  2nd     Sexual battery; victim and offender 18 years of age or older; offender does not use physical force likely to cause serious injury.
  384  794.011(5)(c)                  2nd     Sexual battery; victim 12 years of age or older; offender younger than 18 years; offender does not use physical force likely to cause injury.
  385  794.011(5)(d)                  1st     Sexual battery; victim 12 years of age or older; offender does not use physical force likely to cause serious injury; prior conviction for specified sex offense.
  386  794.08(3)                      2nd     Female genital mutilation, removal of a victim younger than 18 years of age from this state.
  387  800.04(4)(b)                   2nd     Lewd or lascivious battery. 
  388  800.04(4)(c)                   1st     Lewd or lascivious battery; offender 18 years of age or older; prior conviction for specified sex offense.
  389  806.01(1)                      1st     Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
  390  810.02(2)(a)                 1st,PBL   Burglary with assault or battery.
  391  810.02(2)(b)                 1st,PBL   Burglary; armed with explosives or dangerous weapon.
  392  810.02(2)(c)                   1st     Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
  393  812.014(2)(a)2.                1st     Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
  394  812.13(2)(b)                   1st     Robbery with a weapon.      
  395  812.135(2)(c)                  1st     Home-invasion robbery, no firearm, deadly weapon, or other weapon.
  396  817.418(2)(b)                  2nd     Offering for sale or advertising personal protective equipment with intent to defraud; second or subsequent offense.
  397  817.504(1)(b)                  2nd     Offering or advertising a vaccine with intent to defraud; second or subsequent offense.
  398  817.505(4)(c)                  1st     Patient brokering; 20 or more patients.
  399  817.535(2)(b)                  2nd     Filing false lien or other unauthorized document; second or subsequent offense.
  400  817.535(3)(a)                  2nd     Filing false lien or other unauthorized document; property owner is a public officer or employee.
  401  817.535(4)(a)1.                2nd     Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
  402  817.535(5)(a)                  2nd     Filing false lien or other unauthorized document; owner of the property incurs financial loss as a result of the false instrument.
  403  817.568(6)                     2nd     Fraudulent use of personal identification information of an individual under the age of 18.
  404  817.611(2)(c)                  1st     Traffic in or possess 50 or more counterfeit credit cards or related documents.
  405  825.102(2)                     1st     Aggravated abuse of an elderly person or disabled adult.
  406  825.1025(2)                    2nd     Lewd or lascivious battery upon an elderly person or disabled adult.
  407  825.103(3)(a)                  1st     Exploiting an elderly person or disabled adult and property is valued at $50,000 or more.
  408  837.02(2)                      2nd     Perjury in official proceedings relating to prosecution of a capital felony.
  409  837.021(2)                     2nd     Making contradictory statements in official proceedings relating to prosecution of a capital felony.
  410  860.121(2)(c)                  1st     Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
  411  860.16                         1st     Aircraft piracy.            
  412  893.13(1)(b)                   1st     Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  413  893.13(2)(b)                   1st     Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  414  893.13(6)(c)                   1st     Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  415  893.135(1)(a)2.                1st     Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
  416  893.135 (1)(b)1.b.             1st     Trafficking in cocaine, more than 200 grams, less than 400 grams.
  417  893.135 (1)(c)1.b.             1st     Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
  418  893.135 (1)(c)2.c.             1st     Trafficking in hydrocodone, 100 grams or more, less than 300 grams.
  419  893.135 (1)(c)3.c.             1st     Trafficking in oxycodone, 25 grams or more, less than 100 grams.
  420  893.135 (1)(c)4.b.(II)         1st     Trafficking in fentanyl, 14 grams or more, less than 28 grams.
  421  893.135 (1)(d)1.b.             1st     Trafficking in phencyclidine, 200 grams or more, less than 400 grams.
  422  893.135 (1)(e)1.b.             1st     Trafficking in methaqualone, 5 kilograms or more, less than 25 kilograms.
  423  893.135 (1)(f)1.b.             1st     Trafficking in amphetamine, 28 grams or more, less than 200 grams.
  424  893.135 (1)(g)1.b.             1st     Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
  425  893.135 (1)(h)1.b.             1st     Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
  426  893.135 (1)(j)1.b.             1st     Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
  427  893.135 (1)(k)2.b.             1st     Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
  428  893.135 (1)(m)2.c.             1st     Trafficking in synthetic cannabinoids, 1,000 grams or more, less than 30 kilograms.
  429  893.135 (1)(n)2.b.             1st     Trafficking in n-benzyl phenethylamines, 100 grams or more, less than 200 grams.
  430  893.1351(3)                    1st     Possession of a place used to manufacture controlled substance when minor is present or resides there.
  431  895.03(1)                      1st     Use or invest proceeds derived from pattern of racketeering activity.
  432  895.03(2)                      1st     Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
  433  895.03(3)                      1st     Conduct or participate in any enterprise through pattern of racketeering activity.
  434  896.101(5)(b)                  2nd     Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
  435  896.104(4)(a)2.                2nd     Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
  436         Section 8. Paragraph (e) of subsection (4) of section
  437  944.275, Florida Statutes, is amended to read:
  438         944.275 Gain-time.—
  439         (4)
  440         (e) Notwithstanding subparagraph (b)3., for sentences
  441  imposed for offenses committed on or after October 1, 2014, the
  442  department may not grant incentive gain-time if the offense is a
  443  violation of s. 782.04(3)(b)3. s. 782.04(1)(a)2.c.; s.
  444  787.01(3)(a)2. or 3.; s. 787.02(3)(a)2. or 3.; s. 794.011,
  445  excluding s. 794.011(10); s. 800.04; s. 825.1025; or s.
  446  847.0135(5).
  447         Section 9. Subsection (3) of section 947.146, Florida
  448  Statutes, is amended to read:
  449         947.146 Control Release Authority.—
  450         (3) Within 120 days prior to the date the state
  451  correctional system is projected pursuant to s. 216.136 to
  452  exceed 99 percent of total capacity, the authority shall
  453  determine eligibility for and establish a control release date
  454  for an appropriate number of parole ineligible inmates committed
  455  to the department and incarcerated within the state who have
  456  been determined by the authority to be eligible for
  457  discretionary early release pursuant to this section. In
  458  establishing control release dates, it is the intent of the
  459  Legislature that the authority prioritize consideration of
  460  eligible inmates closest to their tentative release date. The
  461  authority shall rely upon commitment data on the offender
  462  information system maintained by the department to initially
  463  identify inmates who are to be reviewed for control release
  464  consideration. The authority may use a method of objective risk
  465  assessment in determining if an eligible inmate should be
  466  released. Such assessment shall be a part of the department’s
  467  management information system. However, the authority shall have
  468  sole responsibility for determining control release eligibility,
  469  establishing a control release date, and effectuating the
  470  release of a sufficient number of inmates to maintain the inmate
  471  population between 99 percent and 100 percent of total capacity.
  472  Inmates who are ineligible for control release are inmates who
  473  are parole eligible or inmates who:
  474         (a) Are serving a sentence that includes a mandatory
  475  minimum provision for a capital offense or drug trafficking
  476  offense and have not served the number of days equal to the
  477  mandatory minimum term less any jail-time credit awarded by the
  478  court;
  479         (b) Are serving the mandatory minimum portion of a sentence
  480  enhanced under s. 775.087(2) or (3), or s. 784.07(3);
  481         (c) Are convicted, or have been previously convicted, of
  482  committing or attempting to commit sexual battery, incest, or
  483  any of the following lewd or indecent assaults or acts:
  484  masturbating in public; exposing the sexual organs in a
  485  perverted manner; or nonconsensual handling or fondling of the
  486  sexual organs of another person;
  487         (d) Are convicted, or have been previously convicted, of
  488  committing or attempting to commit assault, aggravated assault,
  489  battery, or aggravated battery, and a sex act was attempted or
  490  completed during commission of such offense;
  491         (e) Are convicted, or have been previously convicted, of
  492  committing or attempting to commit kidnapping, burglary, or
  493  murder, and the offense was committed with the intent to commit
  494  sexual battery or a sex act was attempted or completed during
  495  commission of the offense;
  496         (f) Are convicted, or have been previously convicted, of
  497  committing or attempting to commit false imprisonment upon a
  498  child under the age of 13 and, in the course of committing the
  499  offense, the inmate committed aggravated child abuse, sexual
  500  battery against the child, or a lewd or lascivious offense
  501  committed upon or in the presence of a person less than 16 years
  502  of age;
  503         (g) Are sentenced, have previously been sentenced, or have
  504  been sentenced at any time under s. 775.084, or have been
  505  sentenced at any time in another jurisdiction as a habitual
  506  offender;
  507         (h) Are convicted, or have been previously convicted, of
  508  committing or attempting to commit assault, aggravated assault,
  509  battery, aggravated battery, kidnapping, manslaughter, or murder
  510  against an officer as defined in s. 943.10(1), (2), (3), (6),
  511  (7), (8), or (9); against a state attorney or assistant state
  512  attorney; or against a justice or judge of a court described in
  513  Art. V of the State Constitution; or against an officer, judge,
  514  or state attorney employed in a comparable position by any other
  515  jurisdiction; or
  516         (i) Are convicted, or have been previously convicted, of
  517  committing or attempting to commit murder in the first or,
  518  second, or third degree under s. 782.04(1), (2), or (3), or (4),
  519  or have ever been convicted of any degree of murder or attempted
  520  murder in another jurisdiction;
  521         (j) Are convicted, or have been previously convicted, of
  522  DUI manslaughter under s. 316.193(3)(c)3., and are sentenced, or
  523  have been sentenced at any time, as a habitual offender for such
  524  offense, or have been sentenced at any time in another
  525  jurisdiction as a habitual offender for such offense;
  526         (k)1. Are serving a sentence for an offense committed on or
  527  after January 1, 1994, for a violation of the Law Enforcement
  528  Protection Act under s. 775.0823(2), (3), (4), or (5), or (6),
  529  and the subtotal of the offender’s sentence points is multiplied
  530  pursuant to former s. 921.0014 or s. 921.0024;
  531         2. Are serving a sentence for an offense committed on or
  532  after October 1, 1995, for a violation of the Law Enforcement
  533  Protection Act under s. 775.0823(2), (3), (4), (5), (6), or (7),
  534  (8), or (9), and the subtotal of the offender’s sentence points
  535  is multiplied pursuant to former s. 921.0014 or s. 921.0024;
  536         (l) Are serving a sentence for an offense committed on or
  537  after January 1, 1994, for possession of a firearm,
  538  semiautomatic firearm, or machine gun in which additional points
  539  are added to the subtotal of the offender’s sentence points
  540  pursuant to former s. 921.0014 or s. 921.0024; or
  541         (m) Are convicted, or have been previously convicted, of
  542  committing or attempting to commit manslaughter, kidnapping,
  543  robbery, carjacking, home-invasion robbery, or a burglary under
  544  s. 810.02(2).
  545  
  546  In making control release eligibility determinations under this
  547  subsection, the authority may rely on any document leading to or
  548  generated during the course of the criminal proceedings,
  549  including, but not limited to, any presentence or postsentence
  550  investigation or any information contained in arrest reports
  551  relating to circumstances of the offense.
  552         Section 10. Paragraph (a) of subsection (5) of section
  553  948.012, Florida Statutes, is amended to read:
  554         948.012 Split sentence of probation or community control
  555  and imprisonment.—
  556         (5)(a) Effective for offenses committed on or after October
  557  1, 2014, if the court imposes a term of years in accordance with
  558  s. 775.082 which is less than the maximum sentence for the
  559  offense, the court must impose a split sentence pursuant to
  560  subsection (1) for any person who is convicted of a violation
  561  of:
  562         1. Section 782.04(3)(b)3. 782.04(1)(a)2.c.;
  563         2. Section 787.01(3)(a)2. or 3.;
  564         3. Section 787.02(3)(a)2. or 3.;
  565         4. Section 794.011, excluding s. 794.011(10);
  566         5. Section 800.04;
  567         6. Section 825.1025; or
  568         7. Section 847.0135(5).
  569         Section 11. Paragraph (b) of subsection (1) of section
  570  921.0024, Florida Statutes, is amended to read:
  571         921.0024 Criminal Punishment Code; worksheet computations;
  572  scoresheets.—
  573         (1)
  574         (b) WORKSHEET KEY:
  575  
  576  Legal status points are assessed when any form of legal status
  577  existed at the time the offender committed an offense before the
  578  court for sentencing. Four (4) sentence points are assessed for
  579  an offender’s legal status.
  580  
  581  Community sanction violation points are assessed when a
  582  community sanction violation is before the court for sentencing.
  583  Six (6) sentence points are assessed for each community sanction
  584  violation and each successive community sanction violation,
  585  unless any of the following apply:
  586         1. If the community sanction violation includes a new
  587  felony conviction before the sentencing court, twelve (12)
  588  community sanction violation points are assessed for the
  589  violation, and for each successive community sanction violation
  590  involving a new felony conviction.
  591         2. If the community sanction violation is committed by a
  592  violent felony offender of special concern as defined in s.
  593  948.06:
  594         a. Twelve (12) community sanction violation points are
  595  assessed for the violation and for each successive violation of
  596  felony probation or community control where:
  597         I. The violation does not include a new felony conviction;
  598  and
  599         II. The community sanction violation is not based solely on
  600  the probationer or offender’s failure to pay costs or fines or
  601  make restitution payments.
  602         b. Twenty-four (24) community sanction violation points are
  603  assessed for the violation and for each successive violation of
  604  felony probation or community control where the violation
  605  includes a new felony conviction.
  606  
  607  Multiple counts of community sanction violations before the
  608  sentencing court shall not be a basis for multiplying the
  609  assessment of community sanction violation points.
  610  
  611  Prior serious felony points: If the offender has a primary
  612  offense or any additional offense ranked in level 8, level 9, or
  613  level 10, and one or more prior serious felonies, a single
  614  assessment of thirty (30) points shall be added. For purposes of
  615  this section, a prior serious felony is an offense in the
  616  offender’s prior record that is ranked in level 8, level 9, or
  617  level 10 under s. 921.0022 or s. 921.0023 and for which the
  618  offender is serving a sentence of confinement, supervision, or
  619  other sanction or for which the offender’s date of release from
  620  confinement, supervision, or other sanction, whichever is later,
  621  is within 3 years before the date the primary offense or any
  622  additional offense was committed.
  623  
  624  Prior capital felony points: If the offender has one or more
  625  prior capital felonies in the offender’s criminal record, points
  626  shall be added to the subtotal sentence points of the offender
  627  equal to twice the number of points the offender receives for
  628  the primary offense and any additional offense. A prior capital
  629  felony in the offender’s criminal record is a previous capital
  630  felony offense for which the offender has entered a plea of nolo
  631  contendere or guilty or has been found guilty; or a felony in
  632  another jurisdiction which is a capital felony in that
  633  jurisdiction, or would be a capital felony if the offense were
  634  committed in this state.
  635  
  636  Possession of a firearm, semiautomatic firearm, or machine gun:
  637  If the offender is convicted of committing or attempting to
  638  commit any felony other than those enumerated in s. 775.087(2)
  639  while having in his or her possession: a firearm as defined in
  640  s. 790.001(6), an additional eighteen (18) sentence points are
  641  assessed; or if the offender is convicted of committing or
  642  attempting to commit any felony other than those enumerated in
  643  s. 775.087(3) while having in his or her possession a
  644  semiautomatic firearm as defined in s. 775.087(3) or a machine
  645  gun as defined in s. 790.001(9), an additional twenty-five (25)
  646  sentence points are assessed.
  647  
  648  Sentencing multipliers:
  649  
  650  Drug trafficking: If the primary offense is drug trafficking
  651  under s. 893.135, the subtotal sentence points are multiplied,
  652  at the discretion of the court, for a level 7 or level 8
  653  offense, by 1.5. The state attorney may move the sentencing
  654  court to reduce or suspend the sentence of a person convicted of
  655  a level 7 or level 8 offense, if the offender provides
  656  substantial assistance as described in s. 893.135(4).
  657  
  658  Law enforcement protection: If the primary offense is a
  659  violation of the Law Enforcement Protection Act under s.
  660  775.0823(2), (3), or (4), the subtotal sentence points are
  661  multiplied by 2.5. If the primary offense is a violation of s.
  662  775.0823(5), (6), or (7), (8), or (9), the subtotal sentence
  663  points are multiplied by 2.0. If the primary offense is a
  664  violation of s. 784.07(3) or s. 775.0875(1), or of the Law
  665  Enforcement Protection Act under s. 775.0823(8) or (9) s.
  666  775.0823(10) or (11), the subtotal sentence points are
  667  multiplied by 1.5.
  668  
  669  Grand theft of a motor vehicle: If the primary offense is grand
  670  theft of the third degree involving a motor vehicle and in the
  671  offender’s prior record, there are three or more grand thefts of
  672  the third degree involving a motor vehicle, the subtotal
  673  sentence points are multiplied by 1.5.
  674  
  675  Offense related to a criminal gang: If the offender is convicted
  676  of the primary offense and committed that offense for the
  677  purpose of benefiting, promoting, or furthering the interests of
  678  a criminal gang as defined in s. 874.03, the subtotal sentence
  679  points are multiplied by 1.5. If applying the multiplier results
  680  in the lowest permissible sentence exceeding the statutory
  681  maximum sentence for the primary offense under chapter 775, the
  682  court may not apply the multiplier and must sentence the
  683  defendant to the statutory maximum sentence.
  684  
  685  Domestic violence in the presence of a child: If the offender is
  686  convicted of the primary offense and the primary offense is a
  687  crime of domestic violence, as defined in s. 741.28, which was
  688  committed in the presence of a child under 16 years of age who
  689  is a family or household member as defined in s. 741.28(3) with
  690  the victim or perpetrator, the subtotal sentence points are
  691  multiplied by 1.5.
  692  
  693  Adult-on-minor sex offense: If the offender was 18 years of age
  694  or older and the victim was younger than 18 years of age at the
  695  time the offender committed the primary offense, and if the
  696  primary offense was an offense committed on or after October 1,
  697  2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the
  698  violation involved a victim who was a minor and, in the course
  699  of committing that violation, the defendant committed a sexual
  700  battery under chapter 794 or a lewd act under s. 800.04 or s.
  701  847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s.
  702  787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s.
  703  800.04; or s. 847.0135(5), the subtotal sentence points are
  704  multiplied by 2.0. If applying the multiplier results in the
  705  lowest permissible sentence exceeding the statutory maximum
  706  sentence for the primary offense under chapter 775, the court
  707  may not apply the multiplier and must sentence the defendant to
  708  the statutory maximum sentence.
  709         Section 12. This act shall take effect July 1, 2022.