Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1226
       
       
       
       
       
       
                                Ì829160ÉÎ829160                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/13/2023           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Appropriations Committee on Criminal and Civil Justice
       (Burgess) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (i) is added to subsection (1) of
    6  section 893.13, Florida Statutes, to read:
    7         893.13 Prohibited acts; penalties.—
    8         (1)
    9         (i)Except as authorized by this chapter, a person commits
   10  a felony of the first degree, punishable as provided in s.
   11  775.082, s. 775.083, or s. 775.084, and must be sentenced to a
   12  mandatory minimum term of imprisonment of 3 years, if:
   13         1.The person sells, manufactures, or delivers, or
   14  possesses with intent to sell, manufacture, or deliver, any of
   15  the following:
   16         a.Alfentanil, as described in s. 893.03(2)(b)1.;
   17         b.Carfentanil, as described in s. 893.03(2)(b)6.;
   18         c.Fentanyl, as described in s. 893.03(2)(b)9.;
   19         d.Sufentanil, as described in s. 893.03(2)(b)30.;
   20         e.A fentanyl derivative, as described in s.
   21  893.03(1)(a)62.;
   22         f.A controlled substance analog, as described in s.
   23  893.0356, of any substance described in sub-subparagraphs a.-e.;
   24  or
   25         g.A mixture containing any substance described in sub
   26  subparagraphs a.-f.; and
   27         2.The substance or mixture listed in subparagraph 1. is in
   28  a form that resembles, or is mixed, granulated, absorbed, spray
   29  dried, or aerosolized as or onto, coated on, in whole or in
   30  part, or solubilized with or into, a product, when such product
   31  or its packaging further has at least one of the following
   32  attributes:
   33         a.Resembles the trade dress of a branded food product,
   34  consumer food product, or logo food product;
   35         b.Incorporates an actual or fake registered copyright,
   36  service mark, or trademark;
   37         c.Resembles candy, cereal, a gummy, a vitamin, or a
   38  chewable product, such as a gum or gelatin-based product; or
   39         d.Contains a cartoon character imprint.
   40         Section 2. Paragraph (c) of subsection (1) of section
   41  893.135, Florida Statutes, is amended to read:
   42         893.135 Trafficking; mandatory sentences; suspension or
   43  reduction of sentences; conspiracy to engage in trafficking.—
   44         (1) Except as authorized in this chapter or in chapter 499
   45  and notwithstanding the provisions of s. 893.13:
   46         (c)1. A person who knowingly sells, purchases,
   47  manufactures, delivers, or brings into this state, or who is
   48  knowingly in actual or constructive possession of, 4 grams or
   49  more of any morphine, opium, hydromorphone, or any salt,
   50  derivative, isomer, or salt of an isomer thereof, including
   51  heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or
   52  (3)(c)4., or 4 grams or more of any mixture containing any such
   53  substance, but less than 30 kilograms of such substance or
   54  mixture, commits a felony of the first degree, which felony
   55  shall be known as “trafficking in illegal drugs,” punishable as
   56  provided in s. 775.082, s. 775.083, or s. 775.084. If the
   57  quantity involved:
   58         a. Is 4 grams or more, but less than 14 grams, such person
   59  shall be sentenced to a mandatory minimum term of imprisonment
   60  of 3 years and shall be ordered to pay a fine of $50,000.
   61         b. Is 14 grams or more, but less than 28 grams, such person
   62  shall be sentenced to a mandatory minimum term of imprisonment
   63  of 15 years and shall be ordered to pay a fine of $100,000.
   64         c. Is 28 grams or more, but less than 30 kilograms, such
   65  person shall be sentenced to a mandatory minimum term of
   66  imprisonment of 25 years and shall be ordered to pay a fine of
   67  $500,000.
   68         2. A person who knowingly sells, purchases, manufactures,
   69  delivers, or brings into this state, or who is knowingly in
   70  actual or constructive possession of, 28 grams or more of
   71  hydrocodone, as described in s. 893.03(2)(a)1.k., codeine, as
   72  described in s. 893.03(2)(a)1.g., or any salt thereof, or 28
   73  grams or more of any mixture containing any such substance,
   74  commits a felony of the first degree, which felony shall be
   75  known as “trafficking in hydrocodone,” punishable as provided in
   76  s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
   77         a. Is 28 grams or more, but less than 50 grams, such person
   78  shall be sentenced to a mandatory minimum term of imprisonment
   79  of 3 years and shall be ordered to pay a fine of $50,000.
   80         b. Is 50 grams or more, but less than 100 grams, such
   81  person shall be sentenced to a mandatory minimum term of
   82  imprisonment of 7 years and shall be ordered to pay a fine of
   83  $100,000.
   84         c. Is 100 grams or more, but less than 300 grams, such
   85  person shall be sentenced to a mandatory minimum term of
   86  imprisonment of 15 years and shall be ordered to pay a fine of
   87  $500,000.
   88         d. Is 300 grams or more, but less than 30 kilograms, such
   89  person shall be sentenced to a mandatory minimum term of
   90  imprisonment of 25 years and shall be ordered to pay a fine of
   91  $750,000.
   92         3. A person who knowingly sells, purchases, manufactures,
   93  delivers, or brings into this state, or who is knowingly in
   94  actual or constructive possession of, 7 grams or more of
   95  oxycodone, as described in s. 893.03(2)(a)1.q., or any salt
   96  thereof, or 7 grams or more of any mixture containing any such
   97  substance, commits a felony of the first degree, which felony
   98  shall be known as “trafficking in oxycodone,” punishable as
   99  provided in s. 775.082, s. 775.083, or s. 775.084. If the
  100  quantity involved:
  101         a. Is 7 grams or more, but less than 14 grams, such person
  102  shall be sentenced to a mandatory minimum term of imprisonment
  103  of 3 years and shall be ordered to pay a fine of $50,000.
  104         b. Is 14 grams or more, but less than 25 grams, such person
  105  shall be sentenced to a mandatory minimum term of imprisonment
  106  of 7 years and shall be ordered to pay a fine of $100,000.
  107         c. Is 25 grams or more, but less than 100 grams, such
  108  person shall be sentenced to a mandatory minimum term of
  109  imprisonment of 15 years and shall be ordered to pay a fine of
  110  $500,000.
  111         d. Is 100 grams or more, but less than 30 kilograms, such
  112  person shall be sentenced to a mandatory minimum term of
  113  imprisonment of 25 years and shall be ordered to pay a fine of
  114  $750,000.
  115         4.a. A person who knowingly sells, purchases, manufactures,
  116  delivers, or brings into this state, or who is knowingly in
  117  actual or constructive possession of, 4 grams or more of:
  118         (I) Alfentanil, as described in s. 893.03(2)(b)1.;
  119         (II) Carfentanil, as described in s. 893.03(2)(b)6.;
  120         (III) Fentanyl, as described in s. 893.03(2)(b)9.;
  121         (IV) Sufentanil, as described in s. 893.03(2)(b)30.;
  122         (V) A fentanyl derivative, as described in s.
  123  893.03(1)(a)62.;
  124         (VI) A controlled substance analog, as described in s.
  125  893.0356, of any substance described in sub-sub-subparagraphs
  126  (I)-(V); or
  127         (VII) A mixture containing any substance described in sub
  128  sub-subparagraphs (I)-(VI),
  129  
  130  commits a felony of the first degree, which felony shall be
  131  known as “trafficking in dangerous fentanyl or fentanyl
  132  analogues,” punishable as provided in s. 775.082, s. 775.083, or
  133  s. 775.084.
  134         b. If the quantity involved under sub-subparagraph a.:
  135         (I) Is 4 grams or more, but less than 14 grams, such person
  136  shall be sentenced to a mandatory minimum term of imprisonment
  137  of 7 years, and shall be ordered to pay a fine of $50,000.
  138         (II) Is 14 grams or more, but less than 28 grams, such
  139  person shall be sentenced to a mandatory minimum term of
  140  imprisonment of 20 years, and shall be ordered to pay a fine of
  141  $100,000.
  142         (III) Is 28 grams or more, such person shall be sentenced
  143  to a mandatory minimum term of imprisonment of 25 years, and
  144  shall be ordered to pay a fine of $500,000.
  145         c.A person who violates sub-subparagraph a. shall be
  146  sentenced to a mandatory minimum term of not less than 25 years
  147  and not exceeding life imprisonment, and shall be ordered to pay
  148  a fine of $1 million if the substance or mixture listed in sub
  149  subparagraph a. is in a form that resembles, or is mixed,
  150  granulated, absorbed, spray-dried, or aerosolized as or onto,
  151  coated on, in whole or in part, or solubilized with or into, a
  152  product, when such product or its packaging further has at least
  153  one of the following attributes:
  154         (I)Resembles the trade dress of a branded food product,
  155  consumer food product, or logo food product;
  156         (II)Incorporates an actual or fake registered copyright,
  157  service mark, or trademark;
  158         (III)Resembles candy, cereal, a gummy, a vitamin, or a
  159  chewable product, such as a gum or gelatin-based product; or
  160         (IV)Contains a cartoon character imprint.
  161         5. A person who knowingly sells, purchases, manufactures,
  162  delivers, or brings into this state, or who is knowingly in
  163  actual or constructive possession of, 30 kilograms or more of
  164  any morphine, opium, oxycodone, hydrocodone, codeine,
  165  hydromorphone, or any salt, derivative, isomer, or salt of an
  166  isomer thereof, including heroin, as described in s.
  167  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or
  168  more of any mixture containing any such substance, commits the
  169  first degree felony of trafficking in illegal drugs. A person
  170  who has been convicted of the first degree felony of trafficking
  171  in illegal drugs under this subparagraph shall be punished by
  172  life imprisonment and is ineligible for any form of
  173  discretionary early release except pardon or executive clemency
  174  or conditional medical release under s. 947.149. However, if the
  175  court determines that, in addition to committing any act
  176  specified in this paragraph:
  177         a. The person intentionally killed an individual or
  178  counseled, commanded, induced, procured, or caused the
  179  intentional killing of an individual and such killing was the
  180  result; or
  181         b. The person’s conduct in committing that act led to a
  182  natural, though not inevitable, lethal result,
  183  
  184  such person commits the capital felony of trafficking in illegal
  185  drugs, punishable as provided in ss. 775.082 and 921.142. A
  186  person sentenced for a capital felony under this paragraph shall
  187  also be sentenced to pay the maximum fine provided under
  188  subparagraph 1.
  189         6. A person who knowingly brings into this state 60
  190  kilograms or more of any morphine, opium, oxycodone,
  191  hydrocodone, codeine, hydromorphone, or any salt, derivative,
  192  isomer, or salt of an isomer thereof, including heroin, as
  193  described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or
  194  60 kilograms or more of any mixture containing any such
  195  substance, and who knows that the probable result of such
  196  importation would be the death of a person, commits capital
  197  importation of illegal drugs, a capital felony punishable as
  198  provided in ss. 775.082 and 921.142. A person sentenced for a
  199  capital felony under this paragraph shall also be sentenced to
  200  pay the maximum fine provided under subparagraph 1.
  201         Section 3. This act shall take effect October 1, 2023.
  202  
  203  ================= T I T L E  A M E N D M E N T ================
  204  And the title is amended as follows:
  205         Delete everything before the enacting clause
  206  and insert:
  207                        A bill to be entitled                      
  208         An act relating to controlled substances; amending s.
  209         893.13, F.S.; providing criminal penalties; providing
  210         for a mandatory minimum term of imprisonment if a
  211         person sells, manufactures, or delivers or possesses
  212         with intent to sell, manufacture, or deliver specified
  213         substances or mixtures, and such substance or mixture
  214         has at least one specified attribute; amending s.
  215         893.135, F.S.; providing enhanced criminal penalties;
  216         providing for a mandatory minimum term of imprisonment
  217         if a person commits specified prohibited acts relating
  218         to controlled substances, and such substance or
  219         mixture has at least one specified attribute;
  220         providing an effective date.