Bill Text: FL S0732 | 2012 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Sentences of Inmates
Spectrum: Bipartisan Bill
Status: (Failed) 2012-03-09 - Died in Budget [S0732 Detail]
Download: Florida-2012-S0732-Introduced.html
Bill Title: Sentences of Inmates
Spectrum: Bipartisan Bill
Status: (Failed) 2012-03-09 - Died in Budget [S0732 Detail]
Download: Florida-2012-S0732-Introduced.html
Florida Senate - 2012 SB 732
By Senator Bogdanoff
25-00224C-12 2012732__
1 A bill to be entitled
2 An act relating to sentences of inmates; amending s.
3 893.135, F.S.; revising the quantity of a controlled
4 substance which a person must knowingly sell,
5 purchase, manufacture, deliver, or bring into this
6 state with the intent to distribute in order to be
7 subject to the automatic imposition of a mandatory
8 minimum term of imprisonment; providing the method for
9 determining the weight of a controlled substance in a
10 mixture that is a prescription drug; revising
11 legislative intent; amending s. 921.0022, F.S.;
12 revising provisions to conform to changes made by the
13 act; reenacting ss. 775.087(2)(a) and 782.04(1)(a),
14 (3), and (4), F.S., relating to the possession or use
15 of a weapon and murder, respectively, to incorporate
16 the amendments made to s. 893.135, F.S., in references
17 thereto; repealing s. 893.101, F.S., relating to
18 legislative findings and intent relative to knowledge
19 of a person to the possession of a controlled
20 substance; providing an effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Section 893.135, Florida Statutes, is amended to
25 read:
26 893.135 Trafficking; mandatory sentences; suspension or
27 reduction of sentences; conspiracy to engage in trafficking.—
28 (1) Except as authorized in this chapter or in chapter 499
29 and notwithstanding the provisions of s. 893.13:
30 (a) A Any person who knowingly sells, purchases,
31 manufactures, delivers, or brings into this state, or who is
32 knowingly is in actual or constructive possession with intent to
33 distribute of, in excess of 25 pounds of cannabis, or 300 or
34 more cannabis plants, commits a felony of the first degree,
35 which felony shall be known as “trafficking in cannabis,”
36 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
37 If the quantity of cannabis involved:
38 1. Is in excess of 25 pounds, but less than 2,000 pounds,
39 or is 300 or more cannabis plants, but not more than 2,000
40 cannabis plants, such person shall be sentenced to a mandatory
41 minimum term of imprisonment of 3 years, and the defendant shall
42 be ordered to pay a fine of $25,000.
43 2. Is 2,000 pounds or more, but less than 10,000 pounds, or
44 is 2,000 or more cannabis plants, but not more than 10,000
45 cannabis plants, such person shall be sentenced to a mandatory
46 minimum term of imprisonment of 7 years, and the defendant shall
47 be ordered to pay a fine of $50,000.
48 3. Is 10,000 pounds or more, or is 10,000 or more cannabis
49 plants, such person shall be sentenced to a mandatory minimum
50 term of imprisonment of 15 calendar years, and the defendant
51 shall be ordered to pay a fine of $200,000.
52
53 For the purpose of this paragraph, a plant, including, but not
54 limited to, a seedling or cutting, is a “cannabis plant” if it
55 has some readily observable evidence of root formation, such as
56 root hairs. To determine if a piece or part of a cannabis plant
57 severed from the cannabis plant is itself a cannabis plant, the
58 severed piece or part must have some readily observable evidence
59 of root formation, such as root hairs. Callous tissue is not
60 readily observable evidence of root formation. The viability and
61 sex of a plant and the fact that the plant may or may not be a
62 dead harvested plant are not relevant in determining if the
63 plant is a “cannabis plant” or in the charging of an offense
64 under this paragraph. Upon conviction, the court shall impose
65 the longest term of imprisonment provided for in this paragraph.
66 (b)1. Any person who knowingly sells, purchases,
67 manufactures, delivers, or brings into this state, or who is
68 knowingly is in actual or constructive possession with intent to
69 distribute of, 50 28 grams or more of cocaine, as described in
70 s. 893.03(2)(a)4., or of any mixture containing cocaine, but
71 less than 150 kilograms of cocaine or any such mixture, commits
72 a felony of the first degree, which felony shall be known as
73 “trafficking in cocaine,” punishable as provided in s. 775.082,
74 s. 775.083, or s. 775.084. If the quantity involved:
75 a. Is 50 28 grams or more, but less than 400 200 grams,
76 such person shall be sentenced to a mandatory minimum term of
77 imprisonment of 3 years, and the defendant shall be ordered to
78 pay a fine of $50,000.
79 b. Is 400 200 grams or more, but less than 4 kilograms 400
80 grams, such person shall be sentenced to a mandatory minimum
81 term of imprisonment of 7 years, and the defendant shall be
82 ordered to pay a fine of $100,000.
83 c. Is 4 kilograms 400 grams or more, but less than 150
84 kilograms, such person shall be sentenced to a mandatory minimum
85 term of imprisonment of 15 calendar years, and the defendant
86 shall be ordered to pay a fine of $250,000.
87 2. Any person who knowingly sells, purchases, manufactures,
88 delivers, or brings into this state, or who is knowingly is in
89 actual or constructive possession with intent to distribute of,
90 150 kilograms or more of cocaine, as described in s.
91 893.03(2)(a)4., commits the first degree felony of trafficking
92 in cocaine. A person who has been convicted of the first-degree
93 first degree felony of trafficking in cocaine under this
94 subparagraph shall be punished by life imprisonment and is
95 ineligible for any form of discretionary early release except
96 pardon or executive clemency or conditional medical release
97 under s. 947.149. However, if the court determines that, in
98 addition to committing any act specified in this paragraph:
99 a. The person intentionally killed an individual or
100 counseled, commanded, induced, procured, or caused the
101 intentional killing of an individual and such killing was the
102 result; or
103 b. The person’s conduct in committing that act led to a
104 natural, though not inevitable, lethal result,
105
106 such person commits the capital felony of trafficking in
107 cocaine, punishable as provided in ss. 775.082 and 921.142. Any
108 person sentenced for a capital felony under this paragraph shall
109 also be ordered sentenced to pay the maximum fine provided under
110 subparagraph 1.
111 3. Any person who knowingly brings into this state 300
112 kilograms or more of cocaine, as described in s. 893.03(2)(a)4.,
113 and who knows that the probable result of such importation would
114 be the death of any person, commits capital importation of
115 cocaine, a capital felony punishable as provided in ss. 775.082
116 and 921.142. Any person sentenced for a capital felony under
117 this paragraph shall also be ordered sentenced to pay the
118 maximum fine provided under subparagraph 1.
119 (c)1. Any person who knowingly sells, purchases,
120 manufactures, delivers, or brings into this state, or who is
121 knowingly is in actual or constructive possession with intent to
122 distribute of, 4 grams or more of any morphine, opium,
123 oxycodone, hydrocodone, hydromorphone, or any salt, derivative,
124 isomer, or salt of an isomer thereof, including heroin, as
125 described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or
126 4 grams or more of any mixture containing any such substance,
127 but less than 30 kilograms of such substance or mixture, commits
128 a felony of the first degree, which felony shall be known as
129 “trafficking in illegal drugs,” punishable as provided in s.
130 775.082, s. 775.083, or s. 775.084. If the quantity involved:
131 a. Is 4 grams or more, but less than 14 grams, such person
132 shall be sentenced to a mandatory minimum term of imprisonment
133 of 3 years, and the defendant shall be ordered to pay a fine of
134 $50,000.
135 b. Is 14 grams or more, but less than 28 grams, such person
136 shall be sentenced to a mandatory minimum term of imprisonment
137 of 15 years, and the defendant shall be ordered to pay a fine of
138 $100,000.
139 c. Is 28 grams or more, but less than 30 kilograms, such
140 person shall be sentenced to a mandatory minimum term of
141 imprisonment of 25 calendar years, and the defendant shall be
142 ordered to pay a fine of $500,000.
143 2. Any person who knowingly sells, purchases, manufactures,
144 delivers, or brings into this state, or who is knowingly is in
145 actual or constructive possession with intent to distribute of,
146 30 kilograms or more of any morphine, opium, oxycodone,
147 hydrocodone, hydromorphone, or any salt, derivative, isomer, or
148 salt of an isomer thereof, including heroin, as described in s.
149 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or
150 more of any mixture containing any such substance, commits the
151 first-degree first degree felony of trafficking in illegal
152 drugs. A person who has been convicted of the first-degree first
153 degree felony of trafficking in illegal drugs under this
154 subparagraph shall be punished by life imprisonment and is
155 ineligible for any form of discretionary early release except
156 pardon or executive clemency or conditional medical release
157 under s. 947.149. However, if the court determines that, in
158 addition to committing any act specified in this paragraph:
159 a. The person intentionally killed an individual or
160 counseled, commanded, induced, procured, or caused the
161 intentional killing of an individual and such killing was the
162 result; or
163 b. The person’s conduct in committing that act led to a
164 natural, though not inevitable, lethal result,
165
166 such person commits the capital felony of trafficking in illegal
167 drugs, punishable as provided in ss. 775.082 and 921.142. Any
168 person sentenced for a capital felony under this paragraph shall
169 also be ordered sentenced to pay the maximum fine provided under
170 subparagraph 1.
171 3. Any person who knowingly brings into this state 60
172 kilograms or more of any morphine, opium, oxycodone,
173 hydrocodone, hydromorphone, or any salt, derivative, isomer, or
174 salt of an isomer thereof, including heroin, as described in s.
175 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 60 kilograms or
176 more of any mixture containing any such substance, and who knows
177 that the probable result of such importation would be the death
178 of any person, commits capital importation of illegal drugs, a
179 capital felony punishable as provided in ss. 775.082 and
180 921.142. Any person sentenced for a capital felony under this
181 paragraph shall also be ordered sentenced to pay the maximum
182 fine provided under subparagraph 1.
183 (d)1. Any person who knowingly sells, purchases,
184 manufactures, delivers, or brings into this state, or who is
185 knowingly is in actual or constructive possession with intent to
186 distribute of, 50 28 grams or more of phencyclidine or of any
187 mixture containing phencyclidine, as described in s.
188 893.03(2)(b), commits a felony of the first degree, which felony
189 shall be known as “trafficking in phencyclidine,” punishable as
190 provided in s. 775.082, s. 775.083, or s. 775.084. If the
191 quantity involved:
192 a. Is 50 28 grams or more, but less than 400 200 grams,
193 such person shall be sentenced to a mandatory minimum term of
194 imprisonment of 3 years, and the defendant shall be ordered to
195 pay a fine of $50,000.
196 b. Is 400 200 grams or more, but less than 4 kilograms 400
197 grams, such person shall be sentenced to a mandatory minimum
198 term of imprisonment of 7 years, and the defendant shall be
199 ordered to pay a fine of $100,000.
200 c. Is 4 kilograms 400 grams or more, such person shall be
201 sentenced to a mandatory minimum term of imprisonment of 15
202 calendar years, and the defendant shall be ordered to pay a fine
203 of $250,000.
204 2. Any person who knowingly brings into this state 8
205 kilograms 800 grams or more of phencyclidine or of any mixture
206 containing phencyclidine, as described in s. 893.03(2)(b), and
207 who knows that the probable result of such importation would be
208 the death of any person commits capital importation of
209 phencyclidine, a capital felony punishable as provided in ss.
210 775.082 and 921.142. Any person sentenced for a capital felony
211 under this paragraph shall also be ordered sentenced to pay the
212 maximum fine provided under subparagraph 1.
213 (e)1. Any person who knowingly sells, purchases,
214 manufactures, delivers, or brings into this state, or who is
215 knowingly is in actual or constructive possession with intent to
216 distribute of, 200 grams or more of methaqualone or of any
217 mixture containing methaqualone, as described in s.
218 893.03(1)(d), commits a felony of the first degree, which felony
219 shall be known as “trafficking in methaqualone,” punishable as
220 provided in s. 775.082, s. 775.083, or s. 775.084. If the
221 quantity involved:
222 a. Is 200 grams or more, but less than 5 kilograms, such
223 person shall be sentenced to a mandatory minimum term of
224 imprisonment of 3 years, and the defendant shall be ordered to
225 pay a fine of $50,000.
226 b. Is 5 kilograms or more, but less than 25 kilograms, such
227 person shall be sentenced to a mandatory minimum term of
228 imprisonment of 7 years, and the defendant shall be ordered to
229 pay a fine of $100,000.
230 c. Is 25 kilograms or more, such person shall be sentenced
231 to a mandatory minimum term of imprisonment of 15 calendar
232 years, and the defendant shall be ordered to pay a fine of
233 $250,000.
234 2. Any person who knowingly brings into this state 50
235 kilograms or more of methaqualone or of any mixture containing
236 methaqualone, as described in s. 893.03(1)(d), and who knows
237 that the probable result of such importation would be the death
238 of any person commits capital importation of methaqualone, a
239 capital felony punishable as provided in ss. 775.082 and
240 921.142. Any person sentenced for a capital felony under this
241 paragraph shall also be ordered sentenced to pay the maximum
242 fine provided under subparagraph 1.
243 (f)1. Any person who knowingly sells, purchases,
244 manufactures, delivers, or brings into this state, or who is
245 knowingly is in actual or constructive possession with intent to
246 distribute of, 30 14 grams or more of amphetamine, as described
247 in s. 893.03(2)(c)2., or methamphetamine, as described in s.
248 893.03(2)(c)4., or of any mixture containing amphetamine or
249 methamphetamine, or phenylacetone, phenylacetic acid,
250 pseudoephedrine, or ephedrine in conjunction with other
251 chemicals and equipment utilized in the manufacture of
252 amphetamine or methamphetamine, commits a felony of the first
253 degree, which felony shall be known as “trafficking in
254 amphetamine,” punishable as provided in s. 775.082, s. 775.083,
255 or s. 775.084. If the quantity involved:
256 a. Is 30 14 grams or more, but less than 200 28 grams, such
257 person shall be sentenced to a mandatory minimum term of
258 imprisonment of 3 years, and the defendant shall be ordered to
259 pay a fine of $50,000.
260 b. Is 200 28 grams or more, but less than 400 200 grams,
261 such person shall be sentenced to a mandatory minimum term of
262 imprisonment of 7 years, and the defendant shall be ordered to
263 pay a fine of $100,000.
264 c. Is 400 200 grams or more, such person shall be sentenced
265 to a mandatory minimum term of imprisonment of 15 calendar
266 years, and the defendant shall be ordered to pay a fine of
267 $250,000.
268 2. Any person who knowingly manufactures or brings into
269 this state 1.5 kilograms 400 grams or more of amphetamine, as
270 described in s. 893.03(2)(c)2., or methamphetamine, as described
271 in s. 893.03(2)(c)4., or of any mixture containing amphetamine
272 or methamphetamine, or phenylacetone, phenylacetic acid,
273 pseudoephedrine, or ephedrine in conjunction with other
274 chemicals and equipment used in the manufacture of amphetamine
275 or methamphetamine, and who knows that the probable result of
276 such manufacture or importation would be the death of any person
277 commits capital manufacture or importation of amphetamine, a
278 capital felony punishable as provided in ss. 775.082 and
279 921.142. Any person sentenced for a capital felony under this
280 paragraph shall also be ordered sentenced to pay the maximum
281 fine provided under subparagraph 1.
282 (g)1. Any person who knowingly sells, purchases,
283 manufactures, delivers, or brings into this state, or who is
284 knowingly is in actual or constructive possession with intent to
285 distribute of, 4 grams or more of flunitrazepam or any mixture
286 containing flunitrazepam as described in s. 893.03(1)(a) commits
287 a felony of the first degree, which felony shall be known as
288 “trafficking in flunitrazepam,” punishable as provided in s.
289 775.082, s. 775.083, or s. 775.084. If the quantity involved:
290 a. Is 4 grams or more but less than 14 grams, such person
291 shall be sentenced to a mandatory minimum term of imprisonment
292 of 3 years, and the defendant shall be ordered to pay a fine of
293 $50,000.
294 b. Is 14 grams or more but less than 28 grams, such person
295 shall be sentenced to a mandatory minimum term of imprisonment
296 of 7 years, and the defendant shall be ordered to pay a fine of
297 $100,000.
298 c. Is 28 grams or more but less than 30 kilograms, such
299 person shall be sentenced to a mandatory minimum term of
300 imprisonment of 25 calendar years, and the defendant shall be
301 ordered to pay a fine of $500,000.
302 2. Any person who knowingly sells, purchases, manufactures,
303 delivers, or brings into this state, or who is knowingly is in
304 actual or constructive possession with intent to distribute of
305 30 kilograms or more of flunitrazepam or any mixture containing
306 flunitrazepam as described in s. 893.03(1)(a) commits the first
307 degree first degree felony of trafficking in flunitrazepam. A
308 person who has been convicted of the first-degree first degree
309 felony of trafficking in flunitrazepam under this subparagraph
310 shall be punished by life imprisonment and is ineligible for any
311 form of discretionary early release except pardon or executive
312 clemency or conditional medical release under s. 947.149.
313 However, if the court determines that, in addition to committing
314 any act specified in this paragraph:
315 a. The person intentionally killed an individual or
316 counseled, commanded, induced, procured, or caused the
317 intentional killing of an individual and such killing was the
318 result; or
319 b. The person’s conduct in committing that act led to a
320 natural, though not inevitable, lethal result,
321
322 such person commits the capital felony of trafficking in
323 flunitrazepam, punishable as provided in ss. 775.082 and
324 921.142. Any person sentenced for a capital felony under this
325 paragraph shall also be ordered sentenced to pay the maximum
326 fine provided under subparagraph 1.
327 (h)1. Any person who knowingly sells, purchases,
328 manufactures, delivers, or brings into this state, or who is
329 knowingly is in actual or constructive possession with intent to
330 distribute of, 5 kilograms 1 kilogram or more of gamma
331 hydroxybutyric acid (GHB), as described in s. 893.03(1)(d), or
332 any mixture containing gamma-hydroxybutyric acid (GHB), commits
333 a felony of the first degree, which felony shall be known as
334 “trafficking in gamma-hydroxybutyric acid (GHB),” punishable as
335 provided in s. 775.082, s. 775.083, or s. 775.084. If the
336 quantity involved:
337 a. Is 5 kilograms 1 kilogram or more but less than 15 5
338 kilograms, such person shall be sentenced to a mandatory minimum
339 term of imprisonment of 3 years, and the defendant shall be
340 ordered to pay a fine of $50,000.
341 b. Is 15 5 kilograms or more but less than 30 10 kilograms,
342 such person shall be sentenced to a mandatory minimum term of
343 imprisonment of 7 years, and the defendant shall be ordered to
344 pay a fine of $100,000.
345 c. Is 30 10 kilograms or more, such person shall be
346 sentenced to a mandatory minimum term of imprisonment of 15
347 calendar years, and the defendant shall be ordered to pay a fine
348 of $250,000.
349 2. Any person who knowingly manufactures or brings into
350 this state 150 kilograms or more of gamma-hydroxybutyric acid
351 (GHB), as described in s. 893.03(1)(d), or any mixture
352 containing gamma-hydroxybutyric acid (GHB), and who knows that
353 the probable result of such manufacture or importation would be
354 the death of any person commits capital manufacture or
355 importation of gamma-hydroxybutyric acid (GHB), a capital felony
356 punishable as provided in ss. 775.082 and 921.142. Any person
357 sentenced for a capital felony under this paragraph shall also
358 be ordered sentenced to pay the maximum fine provided under
359 subparagraph 1.
360 (i)1. Any person who knowingly sells, purchases,
361 manufactures, delivers, or brings into this state, or who is
362 knowingly is in actual or constructive possession with intent to
363 distribute of, 5 kilograms 1 kilogram or more of gamma
364 butyrolactone (GBL), as described in s. 893.03(1)(d), or any
365 mixture containing gamma-butyrolactone (GBL), commits a felony
366 of the first degree, which felony shall be known as “trafficking
367 in gamma-butyrolactone (GBL),” punishable as provided in s.
368 775.082, s. 775.083, or s. 775.084. If the quantity involved:
369 a. Is 5 kilograms 1 kilogram or more but less than 15 5
370 kilograms, such person shall be sentenced to a mandatory minimum
371 term of imprisonment of 3 years, and the defendant shall be
372 ordered to pay a fine of $50,000.
373 b. Is 15 5 kilograms or more but less than 30 10 kilograms,
374 such person shall be sentenced to a mandatory minimum term of
375 imprisonment of 7 years, and the defendant shall be ordered to
376 pay a fine of $100,000.
377 c. Is 30 10 kilograms or more, such person shall be
378 sentenced to a mandatory minimum term of imprisonment of 15
379 calendar years, and the defendant shall be ordered to pay a fine
380 of $250,000.
381 2. Any person who knowingly manufactures or brings into the
382 state 150 kilograms or more of gamma-butyrolactone (GBL), as
383 described in s. 893.03(1)(d), or any mixture containing gamma
384 butyrolactone (GBL), and who knows that the probable result of
385 such manufacture or importation would be the death of any person
386 commits capital manufacture or importation of gamma
387 butyrolactone (GBL), a capital felony punishable as provided in
388 ss. 775.082 and 921.142. Any person sentenced for a capital
389 felony under this paragraph shall also be ordered sentenced to
390 pay the maximum fine provided under subparagraph 1.
391 (j)1. Any person who knowingly sells, purchases,
392 manufactures, delivers, or brings into this state, or who is
393 knowingly is in actual or constructive possession with intent to
394 distribute of, 5 kilograms 1 kilogram or more of 1,4-Butanediol
395 as described in s. 893.03(1)(d), or of any mixture containing
396 1,4-Butanediol, commits a felony of the first degree, which
397 felony shall be known as “trafficking in 1,4-Butanediol,”
398 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
399 If the quantity involved:
400 a. Is 5 kilograms 1 kilogram or more, but less than 15 5
401 kilograms, such person shall be sentenced to a mandatory minimum
402 term of imprisonment of 3 years, and the defendant shall be
403 ordered to pay a fine of $50,000.
404 b. Is 15 5 kilograms or more, but less than 30 10
405 kilograms, such person shall be sentenced to a mandatory minimum
406 term of imprisonment of 7 years, and the defendant shall be
407 ordered to pay a fine of $100,000.
408 c. Is 30 10 kilograms or more, such person shall be
409 sentenced to a mandatory minimum term of imprisonment of 15
410 calendar years, and the defendant shall be ordered to pay a fine
411 of $500,000.
412 2. Any person who knowingly manufactures or brings into
413 this state 150 kilograms or more of 1,4-Butanediol as described
414 in s. 893.03(1)(d), or any mixture containing 1,4-Butanediol,
415 and who knows that the probable result of such manufacture or
416 importation would be the death of any person commits capital
417 manufacture or importation of 1,4-Butanediol, a capital felony
418 punishable as provided in ss. 775.082 and 921.142. Any person
419 sentenced for a capital felony under this paragraph shall also
420 be ordered sentenced to pay the maximum fine provided under
421 subparagraph 1.
422 (k)1. Any person who knowingly sells, purchases,
423 manufactures, delivers, or brings into this state, or who is
424 knowingly is in actual or constructive possession with intent to
425 distribute of, 30 10 grams or more of any of the following
426 substances described in s. 893.03(1)(a) or (c):
427 a. 3,4-Methylenedioxymethamphetamine (MDMA);
428 b. 4-Bromo-2,5-dimethoxyamphetamine;
429 c. 4-Bromo-2,5-dimethoxyphenethylamine;
430 d. 2,5-Dimethoxyamphetamine;
431 e. 2,5-Dimethoxy-4-ethylamphetamine (DOET);
432 f. N-ethylamphetamine;
433 g. N-Hydroxy-3,4-methylenedioxyamphetamine;
434 h. 5-Methoxy-3,4-methylenedioxyamphetamine;
435 i. 4-methoxyamphetamine;
436 j. 4-methoxymethamphetamine;
437 k. 4-Methyl-2,5-dimethoxyamphetamine;
438 l. 3,4-Methylenedioxy-N-ethylamphetamine;
439 m. 3,4-Methylenedioxyamphetamine;
440 n. N,N-dimethylamphetamine; or
441 o. 3,4,5-Trimethoxyamphetamine,
442
443 individually or in any combination of or any mixture containing
444 any substance listed in sub-subparagraphs a.-o., commits a
445 felony of the first degree, which felony shall be known as
446 “trafficking in Phenethylamines,” punishable as provided in s.
447 775.082, s. 775.083, or s. 775.084.
448 2. If the quantity involved:
449 a. Is 30 10 grams or more but less than 200 grams, such
450 person shall be sentenced to a mandatory minimum term of
451 imprisonment of 3 years, and the defendant shall be ordered to
452 pay a fine of $50,000.
453 b. Is 200 grams or more, but less than 400 grams, such
454 person shall be sentenced to a mandatory minimum term of
455 imprisonment of 7 years, and the defendant shall be ordered to
456 pay a fine of $100,000.
457 c. Is 400 grams or more, such person shall be sentenced to
458 a mandatory minimum term of imprisonment of 15 calendar years,
459 and the defendant shall be ordered to pay a fine of $250,000.
460 3. Any person who knowingly manufactures or brings into
461 this state 30 kilograms or more of any of the following
462 substances described in s. 893.03(1)(a) or (c):
463 a. 3,4-Methylenedioxymethamphetamine (MDMA);
464 b. 4-Bromo-2,5-dimethoxyamphetamine;
465 c. 4-Bromo-2,5-dimethoxyphenethylamine;
466 d. 2,5-Dimethoxyamphetamine;
467 e. 2,5-Dimethoxy-4-ethylamphetamine (DOET);
468 f. N-ethylamphetamine;
469 g. N-Hydroxy-3,4-methylenedioxyamphetamine;
470 h. 5-Methoxy-3,4-methylenedioxyamphetamine;
471 i. 4-methoxyamphetamine;
472 j. 4-methoxymethamphetamine;
473 k. 4-Methyl-2,5-dimethoxyamphetamine;
474 l. 3,4-Methylenedioxy-N-ethylamphetamine;
475 m. 3,4-Methylenedioxyamphetamine;
476 n. N,N-dimethylamphetamine; or
477 o. 3,4,5-Trimethoxyamphetamine,
478
479 individually or in any combination of or any mixture containing
480 any substance listed in sub-subparagraphs a.-o., and who knows
481 that the probable result of such manufacture or importation
482 would be the death of any person commits capital manufacture or
483 importation of Phenethylamines, a capital felony punishable as
484 provided in ss. 775.082 and 921.142. Any person sentenced for a
485 capital felony under this paragraph shall also be ordered
486 sentenced to pay the maximum fine provided under subparagraph 1.
487 (l)1. Any person who knowingly sells, purchases,
488 manufactures, delivers, or brings into this state, or who is
489 knowingly is in actual or constructive possession with intent to
490 distribute of, 1 gram or more of lysergic acid diethylamide
491 (LSD) as described in s. 893.03(1)(c), or of any mixture
492 containing lysergic acid diethylamide (LSD), commits a felony of
493 the first degree, which felony shall be known as “trafficking in
494 lysergic acid diethylamide (LSD),” punishable as provided in s.
495 775.082, s. 775.083, or s. 775.084. If the quantity involved:
496 a. Is 1 gram or more, but less than 5 grams, such person
497 shall be sentenced to a mandatory minimum term of imprisonment
498 of 3 years, and the defendant shall be ordered to pay a fine of
499 $50,000.
500 b. Is 5 grams or more, but less than 7 grams, such person
501 shall be sentenced to a mandatory minimum term of imprisonment
502 of 7 years, and the defendant shall be ordered to pay a fine of
503 $100,000.
504 c. Is 7 grams or more, such person shall be sentenced to a
505 mandatory minimum term of imprisonment of 15 calendar years, and
506 the defendant shall be ordered to pay a fine of $500,000.
507 2. Any person who knowingly manufactures or brings into
508 this state 7 grams or more of lysergic acid diethylamide (LSD)
509 as described in s. 893.03(1)(c), or any mixture containing
510 lysergic acid diethylamide (LSD), and who knows that the
511 probable result of such manufacture or importation would be the
512 death of any person commits capital manufacture or importation
513 of lysergic acid diethylamide (LSD), a capital felony punishable
514 as provided in ss. 775.082 and 921.142. Any person sentenced for
515 a capital felony under this paragraph shall also be ordered
516 sentenced to pay the maximum fine provided under subparagraph 1.
517 (2) A person acts knowingly under subsection (1) if that
518 person intends to sell, purchase, manufacture, deliver, or bring
519 into this state, or to actually or constructively possess, any
520 of the controlled substances listed in subsection (1),
521 regardless of which controlled substance listed in subsection
522 (1) is in fact sold, purchased, manufactured, delivered, or
523 brought into this state, or actually or constructively
524 possessed.
525 (3) Notwithstanding the provisions of s. 948.01, with
526 respect to any person who is found to have violated this
527 section, adjudication of guilt or imposition of sentence may
528 shall not be suspended, deferred, or withheld, and nor shall
529 such person is not be eligible for parole before prior to
530 serving the mandatory minimum term of imprisonment prescribed by
531 this section. A person sentenced to a mandatory minimum term of
532 imprisonment under this section is not eligible for any form of
533 discretionary early release, except pardon or executive clemency
534 or conditional medical release under s. 947.149, before prior to
535 serving the mandatory minimum term of imprisonment.
536 (4) The state attorney may move the sentencing court to
537 reduce or suspend the sentence of any person who is convicted of
538 a violation of this section and who provides substantial
539 assistance in the identification, arrest, or conviction of any
540 of that person’s accomplices, accessories, coconspirators, or
541 principals or of any other person engaged in trafficking in
542 controlled substances. The arresting agency shall be given an
543 opportunity to be heard in aggravation or mitigation in
544 reference to any such motion. Upon good cause shown, the motion
545 may be filed and heard in camera. The judge hearing the motion
546 may reduce or suspend, defer, or withhold the sentence or
547 adjudication of guilt if the judge finds that the defendant
548 rendered such substantial assistance.
549 (5) Any person who agrees, conspires, combines, or
550 confederates with another person to commit any act prohibited by
551 subsection (1) commits a felony of the first degree and is
552 punishable as if he or she had actually committed such
553 prohibited act. Nothing in This subsection does not shall be
554 construed to prohibit separate convictions and sentences for a
555 violation of this subsection and any violation of subsection
556 (1).
557 (6) A mixture, as defined in s. 893.02, containing any
558 controlled substance described in this section includes, but is
559 not limited to, a solution or a dosage unit, including, but not
560 limited to, a pill or tablet, containing a controlled substance.
561 For the purpose of clarifying legislative intent regarding the
562 weighing of a mixture containing a controlled substance
563 described in this section, the weight of the controlled
564 substance is the total weight of the mixture, including the
565 controlled substance and any other substance in the mixture.
566 However, if the mixture is a prescription drug as defined in s.
567 499.003 and the weight of the controlled substance in the
568 mixture can be identified using the national drug code, the
569 weight of the controlled substance is the weight identified in
570 the national drug code. If there is more than one mixture
571 containing the same controlled substance, the weight of the
572 controlled substance is calculated by aggregating the total
573 weight of each mixture.
574 (7) For the purpose of further clarifying legislative
575 intent, the Legislature finds that the opinion in Hayes v.
576 State, 750 So. 2d 1 (Fla. 1999) does not correctly construes
577 construe legislative intent. The Legislature finds that the
578 opinions in State v. Hayes, 720 So. 2d 1095 (Fla. 4th DCA 1998)
579 and State v. Baxley, 684 So. 2d 831 (Fla. 5th DCA 1996) do not
580 correctly construe legislative intent.
581 Section 2. Paragraphs (g), (h), and (i) of subsection (3)
582 of section 921.0022, Florida Statutes, are amended to read:
583 921.0022 Criminal Punishment Code; offense severity ranking
584 chart.—
585 (3) OFFENSE SEVERITY RANKING CHART
586 (g) LEVEL 7
587 FloridaStatute FelonyDegree Description
588 316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
589 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
590 316.1935(3)(b) 1st Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
591 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
592 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
593 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
594 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
595 456.065(2) 3rd Practicing a health care profession without a license.
596 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
597 458.327(1) 3rd Practicing medicine without a license.
598 459.013(1) 3rd Practicing osteopathic medicine without a license.
599 460.411(1) 3rd Practicing chiropractic medicine without a license.
600 461.012(1) 3rd Practicing podiatric medicine without a license.
601 462.17 3rd Practicing naturopathy without a license.
602 463.015(1) 3rd Practicing optometry without a license.
603 464.016(1) 3rd Practicing nursing without a license.
604 465.015(2) 3rd Practicing pharmacy without a license.
605 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
606 467.201 3rd Practicing midwifery without a license.
607 468.366 3rd Delivering respiratory care services without a license.
608 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
609 483.901(9) 3rd Practicing medical physics without a license.
610 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
611 484.053 3rd Dispensing hearing aids without a license.
612 494.0018(2) 1st Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
613 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
614 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
615 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
616 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
617 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
618 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
619 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
620 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
621 782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
622 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
623 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
624 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
625 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
626 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
627 784.048(7) 3rd Aggravated stalking; violation of court order.
628 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
629 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
630 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
631 784.081(1) 1st Aggravated battery on specified official or employee.
632 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
633 784.083(1) 1st Aggravated battery on code inspector.
634 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
635 790.16(1) 1st Discharge of a machine gun under specified circumstances.
636 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
637 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
638 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
639 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
640 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
641 794.08(4) 3rd Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
642 796.03 2nd Procuring any person under 16 years for prostitution.
643 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
644 800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
645 806.01(2) 2nd Maliciously damage structure by fire or explosive.
646 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
647 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
648 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
649 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
650 812.014(2)(a)1. 1st Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
651 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
652 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
653 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
654 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
655 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
656 812.131(2)(a) 2nd Robbery by sudden snatching.
657 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
658 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
659 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
660 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
661 817.2341 (2)(b) & (3)(b) 1st Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
662 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
663 825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
664 827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
665 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
666 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
667 838.015 2nd Bribery.
668 838.016 2nd Unlawful compensation or reward for official behavior.
669 838.021(3)(a) 2nd Unlawful harm to a public servant.
670 838.22 2nd Bid tampering.
671 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
672 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
673 872.06 2nd Abuse of a dead human body.
674 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
675 893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
676 893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
677 893.13(4)(a) 1st Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
678 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
679 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 50 28 grams, less than 400 200 grams.
680 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
681 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 50 28 grams, less than 400 200 grams.
682 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
683 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 30 14 grams, less than 200 28 grams.
684 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
685 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms 1 kilogram or more, less than 15 5 kilograms.
686 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 5 kilograms 1 kilogram or more, less than 15 5 kilograms.
687 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 30 10 grams or more, less than 200 grams.
688 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
689 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
690 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
691 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
692 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
693 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
694 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
695 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
696 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
697 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
698 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
699 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
700 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
701 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
702 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
703 (h) LEVEL 8
704 FloridaStatute FelonyDegree Description
705 316.193 (3)(c)3.a. 2nd DUI manslaughter.
706 316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
707 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
708 499.0051(7) 1st Knowing trafficking in contraband prescription drugs.
709 499.0051(8) 1st Knowing forgery of prescription labels or prescription drug labels.
710 560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
711 560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
712 655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
713 777.03(2)(a) 1st Accessory after the fact, capital felony.
714 782.04(4) 2nd Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aircraft piracy, or unlawfully discharging bomb.
715 782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
716 782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
717 782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
718 790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
719 794.011(5) 2nd Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
720 794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state.
721 800.04(4) 2nd Lewd or lascivious battery.
722 806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
723 810.02(2)(a) 1st,PBL Burglary with assault or battery.
724 810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
725 810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
726 812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
727 812.13(2)(b) 1st Robbery with a weapon.
728 812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
729 817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
730 825.102(2) 1st Aggravated abuse of an elderly person or disabled adult.
731 825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
732 825.103(2)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.
733 837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
734 837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
735 860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
736 860.16 1st Aircraft piracy.
737 893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
738 893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
739 893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
740 893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
741 893.135 (1)(b)1.b. 1st Trafficking in cocaine, more than 400 200 grams, less than 4 kilograms 400 grams.
742 893.135 (1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
743 893.135 (1)(d)1.b. 1st Trafficking in phencyclidine, more than 400 200 grams, less than 4 kilograms 400 grams.
744 893.135 (1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
745 893.135 (1)(f)1.b. 1st Trafficking in amphetamine, more than 200 28 grams, less than 400 200 grams.
746 893.135 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
747 893.135 (1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 15 5 kilograms or more, less than 30 10 kilograms.
748 893.135 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 15 5 kilograms or more, less than 30 10 kilograms.
749 893.135 (1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
750 893.1351(3) 1st Possession of a place used to manufacture controlled substance when minor is present or resides there.
751 895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
752 895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
753 895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
754 896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
755 896.104(4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
756 (i) LEVEL 9
757 FloridaStatute FelonyDegree Description
758 316.193 (3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
759 327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
760 409.920 (2)(b)1.c. 1st Medicaid provider fraud; $50,000 or more.
761 499.0051(9) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
762 560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
763 560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
764 655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
765 775.0844 1st Aggravated white collar crime.
766 782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
767 782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies.
768 782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
769 782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
770 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
771 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
772 787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
773 787.02(3)(a) 1st False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
774 790.161 1st Attempted capital destructive device offense.
775 790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
776 794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
777 794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
778 794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
779 794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
780 794.08(2) 1st Female genital mutilation; victim younger than 18 years of age.
781 800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
782 812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
783 812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
784 812.135(2)(b) 1st Home-invasion robbery with weapon.
785 817.568(7) 2nd,PBL Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
786 827.03(2) 1st Aggravated child abuse.
787 847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
788 847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
789 859.01 1st Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
790 893.135 1st Attempted capital trafficking offense.
791 893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
792 893.135 (1)(b)1.c. 1st Trafficking in cocaine, more than 4 kilograms 400 grams, less than 150 kilograms.
793 893.135 (1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
794 893.135 (1)(d)1.c. 1st Trafficking in phencyclidine, more than 4 kilograms 400 grams.
795 893.135 (1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
796 893.135 (1)(f)1.c. 1st Trafficking in amphetamine, more than 400 200 grams.
797 893.135 (1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 30 10 kilograms or more.
798 893.135 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 30 10 kilograms or more.
799 893.135 (1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
800 896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
801 896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
802 Section 3. For the purpose of incorporating the amendments
803 made by this act to section 893.135, Florida Statutes, in a
804 reference thereto, paragraph (a) of subsection (2) of section
805 775.087, Florida Statutes, is reenacted to read:
806 775.087 Possession or use of weapon; aggravated battery;
807 felony reclassification; minimum sentence.—
808 (2)(a)1. Any person who is convicted of a felony or an
809 attempt to commit a felony, regardless of whether the use of a
810 weapon is an element of the felony, and the conviction was for:
811 a. Murder;
812 b. Sexual battery;
813 c. Robbery;
814 d. Burglary;
815 e. Arson;
816 f. Aggravated assault;
817 g. Aggravated battery;
818 h. Kidnapping;
819 i. Escape;
820 j. Aircraft piracy;
821 k. Aggravated child abuse;
822 l. Aggravated abuse of an elderly person or disabled adult;
823 m. Unlawful throwing, placing, or discharging of a
824 destructive device or bomb;
825 n. Carjacking;
826 o. Home-invasion robbery;
827 p. Aggravated stalking;
828 q. Trafficking in cannabis, trafficking in cocaine, capital
829 importation of cocaine, trafficking in illegal drugs, capital
830 importation of illegal drugs, trafficking in phencyclidine,
831 capital importation of phencyclidine, trafficking in
832 methaqualone, capital importation of methaqualone, trafficking
833 in amphetamine, capital importation of amphetamine, trafficking
834 in flunitrazepam, trafficking in gamma-hydroxybutyric acid
835 (GHB), trafficking in 1,4-Butanediol, trafficking in
836 Phenethylamines, or other violation of s. 893.135(1); or
837 r. Possession of a firearm by a felon
838
839 and during the commission of the offense, such person actually
840 possessed a “firearm” or “destructive device” as those terms are
841 defined in s. 790.001, shall be sentenced to a minimum term of
842 imprisonment of 10 years, except that a person who is convicted
843 for aggravated assault, possession of a firearm by a felon, or
844 burglary of a conveyance shall be sentenced to a minimum term of
845 imprisonment of 3 years if such person possessed a “firearm” or
846 “destructive device” during the commission of the offense.
847 2. Any person who is convicted of a felony or an attempt to
848 commit a felony listed in sub-subparagraphs (a)1.a.-q.,
849 regardless of whether the use of a weapon is an element of the
850 felony, and during the course of the commission of the felony
851 such person discharged a “firearm” or “destructive device” as
852 defined in s. 790.001 shall be sentenced to a minimum term of
853 imprisonment of 20 years.
854 3. Any person who is convicted of a felony or an attempt to
855 commit a felony listed in sub-subparagraphs (a)1.a.-q.,
856 regardless of whether the use of a weapon is an element of the
857 felony, and during the course of the commission of the felony
858 such person discharged a “firearm” or “destructive device” as
859 defined in s. 790.001 and, as the result of the discharge, death
860 or great bodily harm was inflicted upon any person, the
861 convicted person shall be sentenced to a minimum term of
862 imprisonment of not less than 25 years and not more than a term
863 of imprisonment of life in prison.
864 Section 4. For the purpose of incorporating the amendments
865 made by this act to section 893.135, Florida Statutes, in
866 references thereto, paragraph (a) of subsection (1) and
867 subsections (3) and (4) of section 782.04, Florida Statutes, are
868 reenacted to read:
869 782.04 Murder.—
870 (1)(a) The unlawful killing of a human being:
871 1. When perpetrated from a premeditated design to effect
872 the death of the person killed or any human being;
873 2. When committed by a person engaged in the perpetration
874 of, or in the attempt to perpetrate, any:
875 a. Trafficking offense prohibited by s. 893.135(1),
876 b. Arson,
877 c. Sexual battery,
878 d. Robbery,
879 e. Burglary,
880 f. Kidnapping,
881 g. Escape,
882 h. Aggravated child abuse,
883 i. Aggravated abuse of an elderly person or disabled adult,
884 j. Aircraft piracy,
885 k. Unlawful throwing, placing, or discharging of a
886 destructive device or bomb,
887 l. Carjacking,
888 m. Home-invasion robbery,
889 n. Aggravated stalking,
890 o. Murder of another human being,
891 p. Resisting an officer with violence to his or her person,
892 q. Felony that is an act of terrorism or is in furtherance
893 of an act of terrorism; or
894 3. Which resulted from the unlawful distribution of any
895 substance controlled under s. 893.03(1), cocaine as described in
896 s. 893.03(2)(a)4., opium or any synthetic or natural salt,
897 compound, derivative, or preparation of opium, or methadone by a
898 person 18 years of age or older, when such drug is proven to be
899 the proximate cause of the death of the user,
900
901 is murder in the first degree and constitutes a capital felony,
902 punishable as provided in s. 775.082.
903 (3) When a person is killed in the perpetration of, or in
904 the attempt to perpetrate, any:
905 (a) Trafficking offense prohibited by s. 893.135(1),
906 (b) Arson,
907 (c) Sexual battery,
908 (d) Robbery,
909 (e) Burglary,
910 (f) Kidnapping,
911 (g) Escape,
912 (h) Aggravated child abuse,
913 (i) Aggravated abuse of an elderly person or disabled
914 adult,
915 (j) Aircraft piracy,
916 (k) Unlawful throwing, placing, or discharging of a
917 destructive device or bomb,
918 (l) Carjacking,
919 (m) Home-invasion robbery,
920 (n) Aggravated stalking,
921 (o) Murder of another human being,
922 (p) Resisting an officer with violence to his or her
923 person, or
924 (q) Felony that is an act of terrorism or is in furtherance
925 of an act of terrorism,
926
927 by a person other than the person engaged in the perpetration of
928 or in the attempt to perpetrate such felony, the person
929 perpetrating or attempting to perpetrate such felony is guilty
930 of murder in the second degree, which constitutes a felony of
931 the first degree, punishable by imprisonment for a term of years
932 not exceeding life or as provided in s. 775.082, s. 775.083, or
933 s. 775.084.
934 (4) The unlawful killing of a human being, when perpetrated
935 without any design to effect death, by a person engaged in the
936 perpetration of, or in the attempt to perpetrate, any felony
937 other than any:
938 (a) Trafficking offense prohibited by s. 893.135(1),
939 (b) Arson,
940 (c) Sexual battery,
941 (d) Robbery,
942 (e) Burglary,
943 (f) Kidnapping,
944 (g) Escape,
945 (h) Aggravated child abuse,
946 (i) Aggravated abuse of an elderly person or disabled
947 adult,
948 (j) Aircraft piracy,
949 (k) Unlawful throwing, placing, or discharging of a
950 destructive device or bomb,
951 (l) Unlawful distribution of any substance controlled under
952 s. 893.03(1), cocaine as described in s. 893.03(2)(a)4., or
953 opium or any synthetic or natural salt, compound, derivative, or
954 preparation of opium by a person 18 years of age or older, when
955 such drug is proven to be the proximate cause of the death of
956 the user,
957 (m) Carjacking,
958 (n) Home-invasion robbery,
959 (o) Aggravated stalking,
960 (p) Murder of another human being,
961 (q) Resisting an officer with violence to his or her
962 person, or
963 (r) Felony that is an act of terrorism or is in furtherance
964 of an act of terrorism,
965
966 is murder in the third degree and constitutes a felony of the
967 second degree, punishable as provided in s. 775.082, s. 775.083,
968 or s. 775.084.
969 Section 5. Section 893.101, Florida Statutes, is repealed.
970 Section 6. This act shall take effect July 1, 2012.
