Bill Text: FL S0280 | 2023 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Controlled Substances

Spectrum: Slight Partisan Bill (? 3-1)

Status: (Introduced - Dead) 2023-05-02 - Laid on Table, companion bill(s) passed, see CS/CS/HB 365 (Ch. 2023-196) [S0280 Detail]

Download: Florida-2023-S0280-Comm_Sub.html

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       Florida Senate - 2023                              CS for SB 280
       
       
        
       By the Committee on Criminal Justice; and Senator Brodeur
       
       
       
       
       
       591-02080-23                                           2023280c1
    1                        A bill to be entitled                      
    2         An act relating to controlled substances; amending s.
    3         782.04, F.S.; revising the elements that constitute
    4         the capital offense of murder in the first degree;
    5         revising the elements that constitute the offense of
    6         murder in the third degree and constitute a felony of
    7         the second degree; defining the term “substantial
    8         factor”; creating s. 893.131, F.S.; defining terms;
    9         providing criminal penalties for adults who unlawfully
   10         distribute, deliver, sell, or dispense specified
   11         substances or mixtures and an injury or overdose of
   12         the user results; providing enhanced criminal
   13         penalties for repeat offenders; providing
   14         applicability and construction; providing an effective
   15         date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Paragraph (a) of subsection (1) and subsections
   20  (4) and (5) of section 782.04, Florida Statutes, are amended to
   21  read:
   22         782.04 Murder.—
   23         (1)(a) The unlawful killing of a human being:
   24         1. When perpetrated from a premeditated design to effect
   25  the death of the person killed or any human being;
   26         2. When committed by a person engaged in the perpetration
   27  of, or in the attempt to perpetrate, any:
   28         a. Trafficking offense prohibited by s. 893.135(1),
   29         b. Arson,
   30         c. Sexual battery,
   31         d. Robbery,
   32         e. Burglary,
   33         f. Kidnapping,
   34         g. Escape,
   35         h. Aggravated child abuse,
   36         i. Aggravated abuse of an elderly person or disabled adult,
   37         j. Aircraft piracy,
   38         k. Unlawful throwing, placing, or discharging of a
   39  destructive device or bomb,
   40         l. Carjacking,
   41         m. Home-invasion robbery,
   42         n. Aggravated stalking,
   43         o. Murder of another human being,
   44         p. Resisting an officer with violence to his or her person,
   45         q. Aggravated fleeing or eluding with serious bodily injury
   46  or death,
   47         r. Felony that is an act of terrorism or is in furtherance
   48  of an act of terrorism, including a felony under s. 775.30, s.
   49  775.32, s. 775.33, s. 775.34, or s. 775.35, or
   50         s. Human trafficking; or
   51         3. Which resulted from the unlawful distribution by a
   52  person 18 years of age or older of any of the following
   53  substances, or mixture containing any of the following
   54  substances, when such substance or mixture is proven to have
   55  caused, or is proven to have been a substantial factor in
   56  producing, be the proximate cause of the death of the user:
   57         a. A substance controlled under s. 893.03(1);
   58         b. Cocaine, as described in s. 893.03(2)(a)4.;
   59         c. Opium or any synthetic or natural salt, compound,
   60  derivative, or preparation of opium;
   61         d. Methadone;
   62         e. Alfentanil, as described in s. 893.03(2)(b)1.;
   63         f. Carfentanil, as described in s. 893.03(2)(b)6.;
   64         g. Fentanyl, as described in s. 893.03(2)(b)9.;
   65         h. Sufentanil, as described in s. 893.03(2)(b)30.;
   66         i. Methamphetamine, as described in s. 893.03(2)(c)5.; or
   67         j. A controlled substance analog, as described in s.
   68  893.0356, of any substance specified in sub-subparagraphs a.-i.,
   69  
   70  is murder in the first degree and constitutes a capital felony,
   71  punishable as provided in s. 775.082.
   72         (4) The unlawful killing of a human being, when perpetrated
   73  without any design to effect death, by a person engaged in the
   74  perpetration of, or in the attempt to perpetrate, any felony
   75  other than any:
   76         (a) Trafficking offense prohibited by s. 893.135(1),
   77         (b) Arson,
   78         (c) Sexual battery,
   79         (d) Robbery,
   80         (e) Burglary,
   81         (f) Kidnapping,
   82         (g) Escape,
   83         (h) Aggravated child abuse,
   84         (i) Aggravated abuse of an elderly person or disabled
   85  adult,
   86         (j) Aircraft piracy,
   87         (k) Unlawful throwing, placing, or discharging of a
   88  destructive device or bomb,
   89         (l) Unlawful distribution of any substance listed in sub
   90  subparagraphs (1)(a)3.a.-j. by a person 18 years of age or
   91  older, when such substance is proven to have caused, or is
   92  proven to have been a substantial factor in producing, be the
   93  proximate cause of the death of the user,
   94         (m) Carjacking,
   95         (n) Home-invasion robbery,
   96         (o) Aggravated stalking,
   97         (p) Murder of another human being,
   98         (q) Aggravated fleeing or eluding with serious bodily
   99  injury or death,
  100         (r) Resisting an officer with violence to his or her
  101  person, or
  102         (s) Felony that is an act of terrorism or is in furtherance
  103  of an act of terrorism, including a felony under s. 775.30, s.
  104  775.32, s. 775.33, s. 775.34, or s. 775.35,
  105  
  106  is murder in the third degree and constitutes a felony of the
  107  second degree, punishable as provided in s. 775.082, s. 775.083,
  108  or s. 775.084.
  109         (5) As used in this section, the term:
  110         (a) “Substantial factor” means that the use of a substance
  111  or mixture alone is sufficient to cause death or that the use of
  112  the substance or mixture contributed to the resulting death,
  113  regardless of whether any other substance or mixture used is
  114  also sufficient to cause death or contributed to the death.
  115         (b) “Terrorism” means an activity that:
  116         (a)1.a. Involves a violent act or an act dangerous to human
  117  life which is a violation of the criminal laws of this state or
  118  of the United States; or
  119         b.2. Involves a violation of s. 815.06; and
  120         2.(b) Is intended to:
  121         a.1. Intimidate, injure, or coerce a civilian population;
  122         b.2. Influence the policy of a government by intimidation
  123  or coercion; or
  124         c.3. Affect the conduct of government through destruction
  125  of property, assassination, murder, kidnapping, or aircraft
  126  piracy.
  127         Section 2. Section 893.131, Florida Statutes, is created to
  128  read:
  129         893.131 Distribution of controlled substances resulting in
  130  injury or overdose.—
  131         (1) As used in this section, the term:
  132         (a) “Emergency opioid antagonist” has the same meaning as
  133  in s. 381.887.
  134         (b) “Injury or overdose” means drug toxicity or the
  135  temporary loss of locomotor activity, motor coordination, or
  136  consciousness or cognitive impairment.
  137         (c) “Medical care” means the administration of treatment
  138  for the purposes of preserving or sustaining life or the
  139  administration of an emergency opioid antagonist.
  140         (d) “Substantial factor” means that the use of a substance
  141  or mixture alone is sufficient to cause an injury or overdose or
  142  that the use of the substance or mixture contributed to a
  143  resulting injury or overdose, regardless of whether any other
  144  substance or mixture used is also sufficient to cause an injury
  145  or overdose.
  146         (2)(a) Except as provided in paragraph (b), a person 18
  147  years of age or older who unlawfully distributes, delivers,
  148  sells, or dispenses:
  149         1. Heroin, as described in s. 893.03(1)(b)11.;
  150         2. Alfentanil, as described in s. 893.03(2)(b)1.;
  151         3. Carfentanil, as described in s. 893.03(2)(b)6.;
  152         4. Fentanyl, as described in s. 893.03(2)(b)9.;
  153         5. Sufentanil, as described in s. 893.03(2)(b)30.;
  154         6. Fentanyl derivatives, as described in s.
  155  893.03(1)(a)62.;
  156         7. A controlled substance analog, as described in s.
  157  893.0356, of any substance specified in subparagraphs 1.-6.; or
  158         8. A mixture containing any substance specified in
  159  subparagraphs 1.-7.,
  160  
  161  and an injury or overdose of the user results, commits a felony
  162  of the second degree, punishable as provided in s. 775.082, s.
  163  775.083, or s. 775.084, when such substance or mixture is proven
  164  to have caused or been a substantial factor in causing the
  165  injury or overdose suffered by the user.
  166         (b) A person 18 years of age or older who commits a
  167  violation of paragraph (a) and who has previously been convicted
  168  of a violation of paragraph (a) commits a felony of the first
  169  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  170  775.084.
  171         (3) The unlawful distribution, delivery, sale, or
  172  dispensing of a substance or mixture specified in subparagraphs
  173  (2)(a)1.-8. may be from a person who directly, or indirectly
  174  through another person, provided the substance or mixture to the
  175  user who was injured or overdosed.
  176         (4) The administration of medical care by an emergency
  177  responder, including, but not limited to, a law enforcement
  178  officer, a paramedic, or an emergency medical technician, or the
  179  administration of an emergency opioid antagonist by such
  180  emergency responder, is prima facie evidence that the person
  181  receiving medical care was injured or overdosed.
  182         Section 3. This act shall take effect July 1, 2023.