Florida Senate - 2023                                    SB 1226
       
       
        
       By Senator Burgess
       
       
       
       
       
       23-00990A-23                                          20231226__
    1                        A bill to be entitled                      
    2         An act relating to controlled substances; amending s.
    3         893.13, F.S.; providing criminal penalties and a
    4         mandatory minimum term of imprisonment if a person
    5         sells, manufactures, or delivers, or possesses with
    6         intent to sell, manufacture, or deliver, specified
    7         substances or mixtures, and such substance or mixture
    8         has at least one specified attribute; amending s.
    9         893.135, F.S.; providing enhanced criminal penalties
   10         and a mandatory minimum term of imprisonment if a
   11         person commits specified prohibited acts relating to
   12         controlled substances, and such substance or mixture
   13         has at least one specified attribute; providing an
   14         effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Paragraph (i) is added to subsection (1) of
   19  section 893.13, Florida Statutes, to read:
   20         893.13 Prohibited acts; penalties.—
   21         (1)
   22         (i) Except as authorized by this chapter, a person commits
   23  a felony of the first degree, punishable as provided in s.
   24  775.082, s. 775.083, or s. 775.084, with a mandatory minimum
   25  term of imprisonment of 3 years, if the person:
   26         1.Sells, manufactures, or delivers, or possesses with
   27  intent to sell, manufacture, or deliver, any of the following:
   28         a.Alfentanil, as described in s. 893.03(2)(b)1.;
   29         b.Carfentanil, as described in s. 893.03(2)(b)6.;
   30         c.Fentanyl, as described in s. 893.03(2)(b)9.;
   31         d.Sufentanil, as described in s. 893.03(2)(b)30.;
   32         e. A fentanyl derivative, as described in s.
   33  893.03(1)(a)62.;
   34         f. A controlled substance analog, as described in s.
   35  893.0356, of any substance described in sub-subparagraphs a.-e.;
   36  or
   37         g. A mixture containing any substance described in sub
   38  subparagraphs a.-f.; and
   39         2.The substance or mixture listed in subparagraph 1. is in
   40  a form that resembles, or is mixed, granulated, absorbed, spray
   41  dried, or aerosolized as or onto, coated on, in whole or in
   42  part, or solubilized with or into, a product, when such product
   43  or its packaging further has at least one of the following
   44  attributes:
   45         a.Resembles the trade dress of a consumer food product,
   46  branded food product, or logo food product;
   47         b.Incorporates an actual or fake registered trademark,
   48  service mark, or copyright;
   49         c.Resembles cereal, candy, a vitamin, a gummy, or a
   50  chewable product, such as a gum or gelatin-based product; or
   51         d.Contains a cartoon character imprint.
   52         Section 2. Paragraph (c) of subsection (1) of section
   53  893.135, Florida Statutes, is amended to read:
   54         893.135 Trafficking; mandatory sentences; suspension or
   55  reduction of sentences; conspiracy to engage in trafficking.—
   56         (1) Except as authorized in this chapter or in chapter 499
   57  and notwithstanding the provisions of s. 893.13:
   58         (c)1. A person who knowingly sells, purchases,
   59  manufactures, delivers, or brings into this state, or who is
   60  knowingly in actual or constructive possession of, 4 grams or
   61  more of any morphine, opium, hydromorphone, or any salt,
   62  derivative, isomer, or salt of an isomer thereof, including
   63  heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or
   64  (3)(c)4., or 4 grams or more of any mixture containing any such
   65  substance, but less than 30 kilograms of such substance or
   66  mixture, commits a felony of the first degree, which felony
   67  shall be known as “trafficking in illegal drugs,” punishable as
   68  provided in s. 775.082, s. 775.083, or s. 775.084. If the
   69  quantity involved:
   70         a. Is 4 grams or more, but less than 14 grams, such person
   71  shall be sentenced to a mandatory minimum term of imprisonment
   72  of 3 years and shall be ordered to pay a fine of $50,000.
   73         b. Is 14 grams or more, but less than 28 grams, such person
   74  shall be sentenced to a mandatory minimum term of imprisonment
   75  of 15 years and shall be ordered to pay a fine of $100,000.
   76         c. Is 28 grams or more, but less than 30 kilograms, such
   77  person shall be sentenced to a mandatory minimum term of
   78  imprisonment of 25 years and shall be ordered to pay a fine of
   79  $500,000.
   80         2. A person who knowingly sells, purchases, manufactures,
   81  delivers, or brings into this state, or who is knowingly in
   82  actual or constructive possession of, 28 grams or more of
   83  hydrocodone, as described in s. 893.03(2)(a)1.k., codeine, as
   84  described in s. 893.03(2)(a)1.g., or any salt thereof, or 28
   85  grams or more of any mixture containing any such substance,
   86  commits a felony of the first degree, which felony shall be
   87  known as “trafficking in hydrocodone,” punishable as provided in
   88  s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
   89         a. Is 28 grams or more, but less than 50 grams, such person
   90  shall be sentenced to a mandatory minimum term of imprisonment
   91  of 3 years and shall be ordered to pay a fine of $50,000.
   92         b. Is 50 grams or more, but less than 100 grams, such
   93  person shall be sentenced to a mandatory minimum term of
   94  imprisonment of 7 years and shall be ordered to pay a fine of
   95  $100,000.
   96         c. Is 100 grams or more, but less than 300 grams, such
   97  person shall be sentenced to a mandatory minimum term of
   98  imprisonment of 15 years and shall be ordered to pay a fine of
   99  $500,000.
  100         d. Is 300 grams or more, but less than 30 kilograms, such
  101  person shall be sentenced to a mandatory minimum term of
  102  imprisonment of 25 years and shall be ordered to pay a fine of
  103  $750,000.
  104         3. A person who knowingly sells, purchases, manufactures,
  105  delivers, or brings into this state, or who is knowingly in
  106  actual or constructive possession of, 7 grams or more of
  107  oxycodone, as described in s. 893.03(2)(a)1.q., or any salt
  108  thereof, or 7 grams or more of any mixture containing any such
  109  substance, commits a felony of the first degree, which felony
  110  shall be known as “trafficking in oxycodone,” punishable as
  111  provided in s. 775.082, s. 775.083, or s. 775.084. If the
  112  quantity involved:
  113         a. Is 7 grams or more, but less than 14 grams, such person
  114  shall be sentenced to a mandatory minimum term of imprisonment
  115  of 3 years and shall be ordered to pay a fine of $50,000.
  116         b. Is 14 grams or more, but less than 25 grams, such person
  117  shall be sentenced to a mandatory minimum term of imprisonment
  118  of 7 years and shall be ordered to pay a fine of $100,000.
  119         c. Is 25 grams or more, but less than 100 grams, such
  120  person shall be sentenced to a mandatory minimum term of
  121  imprisonment of 15 years and shall be ordered to pay a fine of
  122  $500,000.
  123         d. Is 100 grams or more, but less than 30 kilograms, such
  124  person shall be sentenced to a mandatory minimum term of
  125  imprisonment of 25 years and shall be ordered to pay a fine of
  126  $750,000.
  127         4.a. A person who knowingly sells, purchases, manufactures,
  128  delivers, or brings into this state, or who is knowingly in
  129  actual or constructive possession of, 4 grams or more of:
  130         (I) Alfentanil, as described in s. 893.03(2)(b)1.;
  131         (II) Carfentanil, as described in s. 893.03(2)(b)6.;
  132         (III) Fentanyl, as described in s. 893.03(2)(b)9.;
  133         (IV) Sufentanil, as described in s. 893.03(2)(b)30.;
  134         (V) A fentanyl derivative, as described in s.
  135  893.03(1)(a)62.;
  136         (VI) A controlled substance analog, as described in s.
  137  893.0356, of any substance described in sub-sub-subparagraphs
  138  (I)-(V); or
  139         (VII) A mixture containing any substance described in sub
  140  sub-subparagraphs (I)-(VI),
  141  
  142  commits a felony of the first degree, which felony shall be
  143  known as “trafficking in dangerous fentanyl or fentanyl
  144  analogues,” punishable as provided in s. 775.082, s. 775.083, or
  145  s. 775.084.
  146         b. If the quantity involved under sub-subparagraph a.:
  147         (I) Is 4 grams or more, but less than 14 grams, such person
  148  shall be sentenced to a mandatory minimum term of imprisonment
  149  of 7 years, and shall be ordered to pay a fine of $50,000.
  150         (II) Is 14 grams or more, but less than 28 grams, such
  151  person shall be sentenced to a mandatory minimum term of
  152  imprisonment of 20 years, and shall be ordered to pay a fine of
  153  $100,000.
  154         (III) Is 28 grams or more, such person shall be sentenced
  155  to a mandatory minimum term of imprisonment of 25 years, and
  156  shall be ordered to pay a fine of $500,000.
  157         c.A person who violates sub-subparagraph a. shall be
  158  sentenced to a mandatory minimum term of imprisonment of not
  159  less than 25 years and not exceeding life imprisonment and shall
  160  be ordered to pay a fine of $750,000 if the substance or mixture
  161  listed in sub-subparagraph a. is in a form that resembles, or is
  162  mixed, granulated, absorbed, spray-dried, or aerosolized as or
  163  onto, coated on, in whole or in part, or solubilized with or
  164  into, a product, when such product or its packaging further has
  165  at least one of the following attributes:
  166         (I)Resembles the trade dress of a consumer food product,
  167  branded food product, or logo food product;
  168         (II)Incorporates an actual or fake registered trademark,
  169  service mark, or copyright;
  170         (III)Resembles cereal, candy, a vitamin, a gummy, or a
  171  chewable product, such as a gum or gelatin-based product; or
  172         (IV)Contains a cartoon character imprint.
  173         5. A person who knowingly sells, purchases, manufactures,
  174  delivers, or brings into this state, or who is knowingly in
  175  actual or constructive possession of, 30 kilograms or more of
  176  any morphine, opium, oxycodone, hydrocodone, codeine,
  177  hydromorphone, or any salt, derivative, isomer, or salt of an
  178  isomer thereof, including heroin, as described in s.
  179  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or
  180  more of any mixture containing any such substance, commits the
  181  first degree felony of trafficking in illegal drugs. A person
  182  who has been convicted of the first degree felony of trafficking
  183  in illegal drugs under this subparagraph shall be punished by
  184  life imprisonment and is ineligible for any form of
  185  discretionary early release except pardon or executive clemency
  186  or conditional medical release under s. 947.149. However, if the
  187  court determines that, in addition to committing any act
  188  specified in this paragraph:
  189         a. The person intentionally killed an individual or
  190  counseled, commanded, induced, procured, or caused the
  191  intentional killing of an individual and such killing was the
  192  result; or
  193         b. The person’s conduct in committing that act led to a
  194  natural, though not inevitable, lethal result,
  195  
  196  such person commits the capital felony of trafficking in illegal
  197  drugs, punishable as provided in ss. 775.082 and 921.142. A
  198  person sentenced for a capital felony under this paragraph shall
  199  also be sentenced to pay the maximum fine provided under
  200  subparagraph 1.
  201         6. A person who knowingly brings into this state 60
  202  kilograms or more of any morphine, opium, oxycodone,
  203  hydrocodone, codeine, hydromorphone, or any salt, derivative,
  204  isomer, or salt of an isomer thereof, including heroin, as
  205  described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or
  206  60 kilograms or more of any mixture containing any such
  207  substance, and who knows that the probable result of such
  208  importation would be the death of a person, commits capital
  209  importation of illegal drugs, a capital felony punishable as
  210  provided in ss. 775.082 and 921.142. A person sentenced for a
  211  capital felony under this paragraph shall also be sentenced to
  212  pay the maximum fine provided under subparagraph 1.
  213         Section 3. This act shall take effect October 1, 2023.