Bill Text: FL S0732 | 2012 | Regular Session | Comm Sub
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-Comm_Sub.html
Bill Title: Sentences of Inmates
Spectrum: Bipartisan Bill
Status: (Failed) 2012-03-09 - Died in Budget [S0732 Detail]
Download: Florida-2012-S0732-Comm_Sub.html
Florida Senate - 2012 CS for SB 732
By the Committee on Criminal Justice; and Senators Bogdanoff and
Joyner
591-02733-12 2012732c1
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; providing an effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Section 893.135, Florida Statutes, is amended to
22 read:
23 893.135 Trafficking; mandatory sentences; suspension or
24 reduction of sentences; conspiracy to engage in trafficking.—
25 (1) Except as authorized in this chapter or in chapter 499
26 and notwithstanding the provisions of s. 893.13:
27 (a) A Any person who knowingly sells, purchases,
28 manufactures, delivers, or brings into this state, or who is
29 knowingly is in actual or constructive possession with intent to
30 distribute of, in excess of 25 pounds of cannabis, or 300 or
31 more cannabis plants, commits a felony of the first degree,
32 which felony shall be known as “trafficking in cannabis,”
33 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
34 If the quantity of cannabis involved:
35 1. Is in excess of 25 pounds, but less than 2,000 pounds,
36 or is 300 or more cannabis plants, but not more than 2,000
37 cannabis plants, such person shall be sentenced to a mandatory
38 minimum term of imprisonment of 3 years, and the defendant shall
39 be ordered to pay a fine of $25,000.
40 2. Is 2,000 pounds or more, but less than 10,000 pounds, or
41 is 2,000 or more cannabis plants, but not more than 10,000
42 cannabis plants, such person shall be sentenced to a mandatory
43 minimum term of imprisonment of 7 years, and the defendant shall
44 be ordered to pay a fine of $50,000.
45 3. Is 10,000 pounds or more, or is 10,000 or more cannabis
46 plants, such person shall be sentenced to a mandatory minimum
47 term of imprisonment of 15 calendar years, and the defendant
48 shall be ordered to pay a fine of $200,000.
49
50 For the purpose of this paragraph, a plant, including, but not
51 limited to, a seedling or cutting, is a “cannabis plant” if it
52 has some readily observable evidence of root formation, such as
53 root hairs. To determine if a piece or part of a cannabis plant
54 severed from the cannabis plant is itself a cannabis plant, the
55 severed piece or part must have some readily observable evidence
56 of root formation, such as root hairs. Callous tissue is not
57 readily observable evidence of root formation. The viability and
58 sex of a plant and the fact that the plant may or may not be a
59 dead harvested plant are not relevant in determining if the
60 plant is a “cannabis plant” or in the charging of an offense
61 under this paragraph. Upon conviction, the court shall impose
62 the longest term of imprisonment provided for in this paragraph.
63 (b)1. Any person who knowingly sells, purchases,
64 manufactures, delivers, or brings into this state, or who is
65 knowingly is in actual or constructive possession with intent to
66 distribute of, 50 28 grams or more of cocaine, as described in
67 s. 893.03(2)(a)4., or of any mixture containing cocaine, but
68 less than 150 kilograms of cocaine or any such mixture, commits
69 a felony of the first degree, which felony shall be known as
70 “trafficking in cocaine,” punishable as provided in s. 775.082,
71 s. 775.083, or s. 775.084. If the quantity involved:
72 a. Is 50 28 grams or more, but less than 400 200 grams,
73 such person shall be sentenced to a mandatory minimum term of
74 imprisonment of 3 years, and the defendant shall be ordered to
75 pay a fine of $50,000.
76 b. Is 400 200 grams or more, but less than 4 kilograms 400
77 grams, such person shall be sentenced to a mandatory minimum
78 term of imprisonment of 7 years, and the defendant shall be
79 ordered to pay a fine of $100,000.
80 c. Is 4 kilograms 400 grams or more, but less than 150
81 kilograms, such person shall be sentenced to a mandatory minimum
82 term of imprisonment of 15 calendar years, and the defendant
83 shall be ordered to pay a fine of $250,000.
84 2. Any person who knowingly sells, purchases, manufactures,
85 delivers, or brings into this state, or who is knowingly is in
86 actual or constructive possession with intent to distribute of,
87 150 kilograms or more of cocaine, as described in s.
88 893.03(2)(a)4., commits the first degree felony of trafficking
89 in cocaine. A person who has been convicted of the first-degree
90 first degree felony of trafficking in cocaine under this
91 subparagraph shall be punished by life imprisonment and is
92 ineligible for any form of discretionary early release except
93 pardon or executive clemency or conditional medical release
94 under s. 947.149. However, if the court determines that, in
95 addition to committing any act specified in this paragraph:
96 a. The person intentionally killed an individual or
97 counseled, commanded, induced, procured, or caused the
98 intentional killing of an individual and such killing was the
99 result; or
100 b. The person’s conduct in committing that act led to a
101 natural, though not inevitable, lethal result,
102
103 such person commits the capital felony of trafficking in
104 cocaine, punishable as provided in ss. 775.082 and 921.142. Any
105 person sentenced for a capital felony under this paragraph shall
106 also be ordered sentenced to pay the maximum fine provided under
107 subparagraph 1.
108 3. Any person who knowingly brings into this state 300
109 kilograms or more of cocaine, as described in s. 893.03(2)(a)4.,
110 and who knows that the probable result of such importation would
111 be the death of any person, commits capital importation of
112 cocaine, a capital felony punishable as provided in ss. 775.082
113 and 921.142. Any person sentenced for a capital felony under
114 this paragraph shall also be ordered sentenced to pay the
115 maximum fine provided under subparagraph 1.
116 (c)1. Any person who knowingly sells, purchases,
117 manufactures, delivers, or brings into this state, or who is
118 knowingly is in actual or constructive possession with intent to
119 distribute of, 4 grams or more of any morphine, opium,
120 oxycodone, hydrocodone, hydromorphone, or any salt, derivative,
121 isomer, or salt of an isomer thereof, including heroin, as
122 described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or
123 4 grams or more of any mixture containing any such substance,
124 but less than 30 kilograms of such substance or mixture, commits
125 a felony of the first degree, which felony shall be known as
126 “trafficking in illegal drugs,” punishable as provided in s.
127 775.082, s. 775.083, or s. 775.084. If the quantity involved:
128 a. Is 4 grams or more, but less than 14 grams, such person
129 shall be sentenced to a mandatory minimum term of imprisonment
130 of 3 years, and the defendant shall be ordered to pay a fine of
131 $50,000.
132 b. Is 14 grams or more, but less than 28 grams, such person
133 shall be sentenced to a mandatory minimum term of imprisonment
134 of 15 years, and the defendant shall be ordered to pay a fine of
135 $100,000.
136 c. Is 28 grams or more, but less than 30 kilograms, such
137 person shall be sentenced to a mandatory minimum term of
138 imprisonment of 25 calendar years, and the defendant shall be
139 ordered to pay a fine of $500,000.
140 2. Any person who knowingly sells, purchases, manufactures,
141 delivers, or brings into this state, or who is knowingly is in
142 actual or constructive possession with intent to distribute of,
143 30 kilograms or more of any morphine, opium, oxycodone,
144 hydrocodone, hydromorphone, or any salt, derivative, isomer, or
145 salt of an isomer thereof, including heroin, as described in s.
146 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or
147 more of any mixture containing any such substance, commits the
148 first-degree first degree felony of trafficking in illegal
149 drugs. A person who has been convicted of the first-degree first
150 degree felony of trafficking in illegal drugs under this
151 subparagraph shall be punished by life imprisonment and is
152 ineligible for any form of discretionary early release except
153 pardon or executive clemency or conditional medical release
154 under s. 947.149. However, if the court determines that, in
155 addition to committing any act specified in this paragraph:
156 a. The person intentionally killed an individual or
157 counseled, commanded, induced, procured, or caused the
158 intentional killing of an individual and such killing was the
159 result; or
160 b. The person’s conduct in committing that act led to a
161 natural, though not inevitable, lethal result,
162
163 such person commits the capital felony of trafficking in illegal
164 drugs, punishable as provided in ss. 775.082 and 921.142. Any
165 person sentenced for a capital felony under this paragraph shall
166 also be ordered sentenced to pay the maximum fine provided under
167 subparagraph 1.
168 3. Any person who knowingly brings into this state 60
169 kilograms or more of any morphine, opium, oxycodone,
170 hydrocodone, hydromorphone, or any salt, derivative, isomer, or
171 salt of an isomer thereof, including heroin, as described in s.
172 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 60 kilograms or
173 more of any mixture containing any such substance, and who knows
174 that the probable result of such importation would be the death
175 of any person, commits capital importation of illegal drugs, a
176 capital felony punishable as provided in ss. 775.082 and
177 921.142. Any person sentenced for a capital felony under this
178 paragraph shall also be ordered sentenced to pay the maximum
179 fine provided under subparagraph 1.
180 (d)1. Any person who knowingly sells, purchases,
181 manufactures, delivers, or brings into this state, or who is
182 knowingly is in actual or constructive possession with intent to
183 distribute of, 50 28 grams or more of phencyclidine or of any
184 mixture containing phencyclidine, as described in s.
185 893.03(2)(b), commits a felony of the first degree, which felony
186 shall be known as “trafficking in phencyclidine,” punishable as
187 provided in s. 775.082, s. 775.083, or s. 775.084. If the
188 quantity involved:
189 a. Is 50 28 grams or more, but less than 400 200 grams,
190 such person shall be sentenced to a mandatory minimum term of
191 imprisonment of 3 years, and the defendant shall be ordered to
192 pay a fine of $50,000.
193 b. Is 400 200 grams or more, but less than 4 kilograms 400
194 grams, such person shall be sentenced to a mandatory minimum
195 term of imprisonment of 7 years, and the defendant shall be
196 ordered to pay a fine of $100,000.
197 c. Is 4 kilograms 400 grams or more, such person shall be
198 sentenced to a mandatory minimum term of imprisonment of 15
199 calendar years, and the defendant shall be ordered to pay a fine
200 of $250,000.
201 2. Any person who knowingly brings into this state 8
202 kilograms 800 grams or more of phencyclidine or of any mixture
203 containing phencyclidine, as described in s. 893.03(2)(b), and
204 who knows that the probable result of such importation would be
205 the death of any person commits capital importation of
206 phencyclidine, a capital felony punishable as provided in ss.
207 775.082 and 921.142. Any person sentenced for a capital felony
208 under this paragraph shall also be ordered sentenced to pay the
209 maximum fine provided under subparagraph 1.
210 (e)1. Any person who knowingly sells, purchases,
211 manufactures, delivers, or brings into this state, or who is
212 knowingly is in actual or constructive possession with intent to
213 distribute of, 200 grams or more of methaqualone or of any
214 mixture containing methaqualone, as described in s.
215 893.03(1)(d), commits a felony of the first degree, which felony
216 shall be known as “trafficking in methaqualone,” punishable as
217 provided in s. 775.082, s. 775.083, or s. 775.084. If the
218 quantity involved:
219 a. Is 200 grams or more, but less than 5 kilograms, such
220 person shall be sentenced to a mandatory minimum term of
221 imprisonment of 3 years, and the defendant shall be ordered to
222 pay a fine of $50,000.
223 b. Is 5 kilograms or more, but less than 25 kilograms, such
224 person shall be sentenced to a mandatory minimum term of
225 imprisonment of 7 years, and the defendant shall be ordered to
226 pay a fine of $100,000.
227 c. Is 25 kilograms or more, such person shall be sentenced
228 to a mandatory minimum term of imprisonment of 15 calendar
229 years, and the defendant shall be ordered to pay a fine of
230 $250,000.
231 2. Any person who knowingly brings into this state 50
232 kilograms or more of methaqualone or of any mixture containing
233 methaqualone, as described in s. 893.03(1)(d), and who knows
234 that the probable result of such importation would be the death
235 of any person commits capital importation of methaqualone, a
236 capital felony punishable as provided in ss. 775.082 and
237 921.142. Any person sentenced for a capital felony under this
238 paragraph shall also be ordered sentenced to pay the maximum
239 fine provided under subparagraph 1.
240 (f)1. Any person who knowingly sells, purchases,
241 manufactures, delivers, or brings into this state, or who is
242 knowingly is in actual or constructive possession with intent to
243 distribute of, 30 14 grams or more of amphetamine, as described
244 in s. 893.03(2)(c)2., or methamphetamine, as described in s.
245 893.03(2)(c)4., or of any mixture containing amphetamine or
246 methamphetamine, or phenylacetone, phenylacetic acid,
247 pseudoephedrine, or ephedrine in conjunction with other
248 chemicals and equipment utilized in the manufacture of
249 amphetamine or methamphetamine, commits a felony of the first
250 degree, which felony shall be known as “trafficking in
251 amphetamine,” punishable as provided in s. 775.082, s. 775.083,
252 or s. 775.084. If the quantity involved:
253 a. Is 30 14 grams or more, but less than 200 28 grams, such
254 person shall be sentenced to a mandatory minimum term of
255 imprisonment of 3 years, and the defendant shall be ordered to
256 pay a fine of $50,000.
257 b. Is 200 28 grams or more, but less than 400 200 grams,
258 such person shall be sentenced to a mandatory minimum term of
259 imprisonment of 7 years, and the defendant shall be ordered to
260 pay a fine of $100,000.
261 c. Is 400 200 grams or more, such person shall be sentenced
262 to a mandatory minimum term of imprisonment of 15 calendar
263 years, and the defendant shall be ordered to pay a fine of
264 $250,000.
265 2. Any person who knowingly manufactures or brings into
266 this state 1.5 kilograms 400 grams or more of amphetamine, as
267 described in s. 893.03(2)(c)2., or methamphetamine, as described
268 in s. 893.03(2)(c)4., or of any mixture containing amphetamine
269 or methamphetamine, or phenylacetone, phenylacetic acid,
270 pseudoephedrine, or ephedrine in conjunction with other
271 chemicals and equipment used in the manufacture of amphetamine
272 or methamphetamine, and who knows that the probable result of
273 such manufacture or importation would be the death of any person
274 commits capital manufacture or importation of amphetamine, a
275 capital felony punishable as provided in ss. 775.082 and
276 921.142. Any person sentenced for a capital felony under this
277 paragraph shall also be ordered sentenced to pay the maximum
278 fine provided under subparagraph 1.
279 (g)1. Any person who knowingly sells, purchases,
280 manufactures, delivers, or brings into this state, or who is
281 knowingly is in actual or constructive possession with intent to
282 distribute of, 4 grams or more of flunitrazepam or any mixture
283 containing flunitrazepam as described in s. 893.03(1)(a) commits
284 a felony of the first degree, which felony shall be known as
285 “trafficking in flunitrazepam,” punishable as provided in s.
286 775.082, s. 775.083, or s. 775.084. If the quantity involved:
287 a. Is 4 grams or more but less than 14 grams, such person
288 shall be sentenced to a mandatory minimum term of imprisonment
289 of 3 years, and the defendant shall be ordered to pay a fine of
290 $50,000.
291 b. Is 14 grams or more but less than 28 grams, such person
292 shall be sentenced to a mandatory minimum term of imprisonment
293 of 7 years, and the defendant shall be ordered to pay a fine of
294 $100,000.
295 c. Is 28 grams or more but less than 30 kilograms, such
296 person shall be sentenced to a mandatory minimum term of
297 imprisonment of 25 calendar years, and the defendant shall be
298 ordered to pay a fine of $500,000.
299 2. Any person who knowingly sells, purchases, manufactures,
300 delivers, or brings into this state, or who is knowingly is in
301 actual or constructive possession with intent to distribute of
302 30 kilograms or more of flunitrazepam or any mixture containing
303 flunitrazepam as described in s. 893.03(1)(a) commits the first
304 degree first degree felony of trafficking in flunitrazepam. A
305 person who has been convicted of the first-degree first degree
306 felony of trafficking in flunitrazepam under this subparagraph
307 shall be punished by life imprisonment and is ineligible for any
308 form of discretionary early release except pardon or executive
309 clemency or conditional medical release under s. 947.149.
310 However, if the court determines that, in addition to committing
311 any act specified in this paragraph:
312 a. The person intentionally killed an individual or
313 counseled, commanded, induced, procured, or caused the
314 intentional killing of an individual and such killing was the
315 result; or
316 b. The person’s conduct in committing that act led to a
317 natural, though not inevitable, lethal result,
318
319 such person commits the capital felony of trafficking in
320 flunitrazepam, punishable as provided in ss. 775.082 and
321 921.142. Any person sentenced for a capital felony under this
322 paragraph shall also be ordered sentenced to pay the maximum
323 fine provided under subparagraph 1.
324 (h)1. Any person who knowingly sells, purchases,
325 manufactures, delivers, or brings into this state, or who is
326 knowingly is in actual or constructive possession with intent to
327 distribute of, 5 kilograms 1 kilogram or more of gamma
328 hydroxybutyric acid (GHB), as described in s. 893.03(1)(d), or
329 any mixture containing gamma-hydroxybutyric acid (GHB), commits
330 a felony of the first degree, which felony shall be known as
331 “trafficking in gamma-hydroxybutyric acid (GHB),” punishable as
332 provided in s. 775.082, s. 775.083, or s. 775.084. If the
333 quantity involved:
334 a. Is 5 kilograms 1 kilogram or more but less than 15 5
335 kilograms, such person shall be sentenced to a mandatory minimum
336 term of imprisonment of 3 years, and the defendant shall be
337 ordered to pay a fine of $50,000.
338 b. Is 15 5 kilograms or more but less than 30 10 kilograms,
339 such person shall be sentenced to a mandatory minimum term of
340 imprisonment of 7 years, and the defendant shall be ordered to
341 pay a fine of $100,000.
342 c. Is 30 10 kilograms or more, such person shall be
343 sentenced to a mandatory minimum term of imprisonment of 15
344 calendar years, and the defendant shall be ordered to pay a fine
345 of $250,000.
346 2. Any person who knowingly manufactures or brings into
347 this state 150 kilograms or more of gamma-hydroxybutyric acid
348 (GHB), as described in s. 893.03(1)(d), or any mixture
349 containing gamma-hydroxybutyric acid (GHB), and who knows that
350 the probable result of such manufacture or importation would be
351 the death of any person commits capital manufacture or
352 importation of gamma-hydroxybutyric acid (GHB), a capital felony
353 punishable as provided in ss. 775.082 and 921.142. Any person
354 sentenced for a capital felony under this paragraph shall also
355 be ordered sentenced to pay the maximum fine provided under
356 subparagraph 1.
357 (i)1. Any person who knowingly sells, purchases,
358 manufactures, delivers, or brings into this state, or who is
359 knowingly is in actual or constructive possession with intent to
360 distribute of, 5 kilograms 1 kilogram or more of gamma
361 butyrolactone (GBL), as described in s. 893.03(1)(d), or any
362 mixture containing gamma-butyrolactone (GBL), commits a felony
363 of the first degree, which felony shall be known as “trafficking
364 in gamma-butyrolactone (GBL),” punishable as provided in s.
365 775.082, s. 775.083, or s. 775.084. If the quantity involved:
366 a. Is 5 kilograms 1 kilogram or more but less than 15 5
367 kilograms, such person shall be sentenced to a mandatory minimum
368 term of imprisonment of 3 years, and the defendant shall be
369 ordered to pay a fine of $50,000.
370 b. Is 15 5 kilograms or more but less than 30 10 kilograms,
371 such person shall be sentenced to a mandatory minimum term of
372 imprisonment of 7 years, and the defendant shall be ordered to
373 pay a fine of $100,000.
374 c. Is 30 10 kilograms or more, such person shall be
375 sentenced to a mandatory minimum term of imprisonment of 15
376 calendar years, and the defendant shall be ordered to pay a fine
377 of $250,000.
378 2. Any person who knowingly manufactures or brings into the
379 state 150 kilograms or more of gamma-butyrolactone (GBL), as
380 described in s. 893.03(1)(d), or any mixture containing gamma
381 butyrolactone (GBL), and who knows that the probable result of
382 such manufacture or importation would be the death of any person
383 commits capital manufacture or importation of gamma
384 butyrolactone (GBL), a capital felony punishable as provided in
385 ss. 775.082 and 921.142. Any person sentenced for a capital
386 felony under this paragraph shall also be ordered sentenced to
387 pay the maximum fine provided under subparagraph 1.
388 (j)1. Any person who knowingly sells, purchases,
389 manufactures, delivers, or brings into this state, or who is
390 knowingly is in actual or constructive possession with intent to
391 distribute of, 5 kilograms 1 kilogram or more of 1,4-Butanediol
392 as described in s. 893.03(1)(d), or of any mixture containing
393 1,4-Butanediol, commits a felony of the first degree, which
394 felony shall be known as “trafficking in 1,4-Butanediol,”
395 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
396 If the quantity involved:
397 a. Is 5 kilograms 1 kilogram or more, but less than 15 5
398 kilograms, such person shall be sentenced to a mandatory minimum
399 term of imprisonment of 3 years, and the defendant shall be
400 ordered to pay a fine of $50,000.
401 b. Is 15 5 kilograms or more, but less than 30 10
402 kilograms, such person shall be sentenced to a mandatory minimum
403 term of imprisonment of 7 years, and the defendant shall be
404 ordered to pay a fine of $100,000.
405 c. Is 30 10 kilograms or more, such person shall be
406 sentenced to a mandatory minimum term of imprisonment of 15
407 calendar years, and the defendant shall be ordered to pay a fine
408 of $500,000.
409 2. Any person who knowingly manufactures or brings into
410 this state 150 kilograms or more of 1,4-Butanediol as described
411 in s. 893.03(1)(d), or any mixture containing 1,4-Butanediol,
412 and who knows that the probable result of such manufacture or
413 importation would be the death of any person commits capital
414 manufacture or importation of 1,4-Butanediol, a capital felony
415 punishable as provided in ss. 775.082 and 921.142. Any person
416 sentenced for a capital felony under this paragraph shall also
417 be ordered sentenced to pay the maximum fine provided under
418 subparagraph 1.
419 (k)1. Any person who knowingly sells, purchases,
420 manufactures, delivers, or brings into this state, or who is
421 knowingly is in actual or constructive possession with intent to
422 distribute of, 30 10 grams or more of any of the following
423 substances described in s. 893.03(1)(a) or (c):
424 a. 3,4-Methylenedioxymethamphetamine (MDMA);
425 b. 4-Bromo-2,5-dimethoxyamphetamine;
426 c. 4-Bromo-2,5-dimethoxyphenethylamine;
427 d. 2,5-Dimethoxyamphetamine;
428 e. 2,5-Dimethoxy-4-ethylamphetamine (DOET);
429 f. N-ethylamphetamine;
430 g. N-Hydroxy-3,4-methylenedioxyamphetamine;
431 h. 5-Methoxy-3,4-methylenedioxyamphetamine;
432 i. 4-methoxyamphetamine;
433 j. 4-methoxymethamphetamine;
434 k. 4-Methyl-2,5-dimethoxyamphetamine;
435 l. 3,4-Methylenedioxy-N-ethylamphetamine;
436 m. 3,4-Methylenedioxyamphetamine;
437 n. N,N-dimethylamphetamine; or
438 o. 3,4,5-Trimethoxyamphetamine,
439
440 individually or in any combination of or any mixture containing
441 any substance listed in sub-subparagraphs a.-o., commits a
442 felony of the first degree, which felony shall be known as
443 “trafficking in Phenethylamines,” punishable as provided in s.
444 775.082, s. 775.083, or s. 775.084.
445 2. If the quantity involved:
446 a. Is 30 10 grams or more but less than 200 grams, such
447 person shall be sentenced to a mandatory minimum term of
448 imprisonment of 3 years, and the defendant shall be ordered to
449 pay a fine of $50,000.
450 b. Is 200 grams or more, but less than 400 grams, such
451 person shall be sentenced to a mandatory minimum term of
452 imprisonment of 7 years, and the defendant shall be ordered to
453 pay a fine of $100,000.
454 c. Is 400 grams or more, such person shall be sentenced to
455 a mandatory minimum term of imprisonment of 15 calendar years,
456 and the defendant shall be ordered to pay a fine of $250,000.
457 3. Any person who knowingly manufactures or brings into
458 this state 30 kilograms or more of any of the following
459 substances described in s. 893.03(1)(a) or (c):
460 a. 3,4-Methylenedioxymethamphetamine (MDMA);
461 b. 4-Bromo-2,5-dimethoxyamphetamine;
462 c. 4-Bromo-2,5-dimethoxyphenethylamine;
463 d. 2,5-Dimethoxyamphetamine;
464 e. 2,5-Dimethoxy-4-ethylamphetamine (DOET);
465 f. N-ethylamphetamine;
466 g. N-Hydroxy-3,4-methylenedioxyamphetamine;
467 h. 5-Methoxy-3,4-methylenedioxyamphetamine;
468 i. 4-methoxyamphetamine;
469 j. 4-methoxymethamphetamine;
470 k. 4-Methyl-2,5-dimethoxyamphetamine;
471 l. 3,4-Methylenedioxy-N-ethylamphetamine;
472 m. 3,4-Methylenedioxyamphetamine;
473 n. N,N-dimethylamphetamine; or
474 o. 3,4,5-Trimethoxyamphetamine,
475
476 individually or in any combination of or any mixture containing
477 any substance listed in sub-subparagraphs a.-o., and who knows
478 that the probable result of such manufacture or importation
479 would be the death of any person commits capital manufacture or
480 importation of Phenethylamines, a capital felony punishable as
481 provided in ss. 775.082 and 921.142. Any person sentenced for a
482 capital felony under this paragraph shall also be ordered
483 sentenced to pay the maximum fine provided under subparagraph 1.
484 (l)1. Any person who knowingly sells, purchases,
485 manufactures, delivers, or brings into this state, or who is
486 knowingly is in actual or constructive possession with intent to
487 distribute of, 1 gram or more of lysergic acid diethylamide
488 (LSD) as described in s. 893.03(1)(c), or of any mixture
489 containing lysergic acid diethylamide (LSD), commits a felony of
490 the first degree, which felony shall be known as “trafficking in
491 lysergic acid diethylamide (LSD),” punishable as provided in s.
492 775.082, s. 775.083, or s. 775.084. If the quantity involved:
493 a. Is 1 gram or more, but less than 5 grams, such person
494 shall be sentenced to a mandatory minimum term of imprisonment
495 of 3 years, and the defendant shall be ordered to pay a fine of
496 $50,000.
497 b. Is 5 grams or more, but less than 7 grams, such person
498 shall be sentenced to a mandatory minimum term of imprisonment
499 of 7 years, and the defendant shall be ordered to pay a fine of
500 $100,000.
501 c. Is 7 grams or more, such person shall be sentenced to a
502 mandatory minimum term of imprisonment of 15 calendar years, and
503 the defendant shall be ordered to pay a fine of $500,000.
504 2. Any person who knowingly manufactures or brings into
505 this state 7 grams or more of lysergic acid diethylamide (LSD)
506 as described in s. 893.03(1)(c), or any mixture containing
507 lysergic acid diethylamide (LSD), and who knows that the
508 probable result of such manufacture or importation would be the
509 death of any person commits capital manufacture or importation
510 of lysergic acid diethylamide (LSD), a capital felony punishable
511 as provided in ss. 775.082 and 921.142. Any person sentenced for
512 a capital felony under this paragraph shall also be ordered
513 sentenced to pay the maximum fine provided under subparagraph 1.
514 (2) A person acts knowingly under subsection (1) if that
515 person intends to sell, purchase, manufacture, deliver, or bring
516 into this state, or to actually or constructively possess, any
517 of the controlled substances listed in subsection (1),
518 regardless of which controlled substance listed in subsection
519 (1) is in fact sold, purchased, manufactured, delivered, or
520 brought into this state, or actually or constructively
521 possessed.
522 (3) Notwithstanding the provisions of s. 948.01, with
523 respect to any person who is found to have violated this
524 section, adjudication of guilt or imposition of sentence may
525 shall not be suspended, deferred, or withheld, and nor shall
526 such person is not be eligible for parole before prior to
527 serving the mandatory minimum term of imprisonment prescribed by
528 this section. A person sentenced to a mandatory minimum term of
529 imprisonment under this section is not eligible for any form of
530 discretionary early release, except pardon or executive clemency
531 or conditional medical release under s. 947.149, before prior to
532 serving the mandatory minimum term of imprisonment.
533 (4) The state attorney may move the sentencing court to
534 reduce or suspend the sentence of any person who is convicted of
535 a violation of this section and who provides substantial
536 assistance in the identification, arrest, or conviction of any
537 of that person’s accomplices, accessories, coconspirators, or
538 principals or of any other person engaged in trafficking in
539 controlled substances. The arresting agency shall be given an
540 opportunity to be heard in aggravation or mitigation in
541 reference to any such motion. Upon good cause shown, the motion
542 may be filed and heard in camera. The judge hearing the motion
543 may reduce or suspend, defer, or withhold the sentence or
544 adjudication of guilt if the judge finds that the defendant
545 rendered such substantial assistance.
546 (5) Any person who agrees, conspires, combines, or
547 confederates with another person to commit any act prohibited by
548 subsection (1) commits a felony of the first degree and is
549 punishable as if he or she had actually committed such
550 prohibited act. Nothing in This subsection does not shall be
551 construed to prohibit separate convictions and sentences for a
552 violation of this subsection and any violation of subsection
553 (1).
554 (6) A mixture, as defined in s. 893.02, containing any
555 controlled substance described in this section includes, but is
556 not limited to, a solution or a dosage unit, including, but not
557 limited to, a pill or tablet, containing a controlled substance.
558 For the purpose of clarifying legislative intent regarding the
559 weighing of a mixture containing a controlled substance
560 described in this section, the weight of the controlled
561 substance is the total weight of the mixture, including the
562 controlled substance and any other substance in the mixture.
563 However, if the mixture is a prescription drug as defined in s.
564 499.003 and the weight of the controlled substance in the
565 mixture can be identified using the national drug code, the
566 weight of the controlled substance is the weight identified in
567 the national drug code. If there is more than one mixture
568 containing the same controlled substance, the weight of the
569 controlled substance is calculated by aggregating the total
570 weight of each mixture.
571 (7) For the purpose of further clarifying legislative
572 intent, the Legislature finds that the opinion in Hayes v.
573 State, 750 So. 2d 1 (Fla. 1999) does not correctly construes
574 construe legislative intent. The Legislature finds that the
575 opinions in State v. Hayes, 720 So. 2d 1095 (Fla. 4th DCA 1998)
576 and State v. Baxley, 684 So. 2d 831 (Fla. 5th DCA 1996) do not
577 correctly construe legislative intent.
578 Section 2. Paragraphs (g), (h), and (i) of subsection (3)
579 of section 921.0022, Florida Statutes, are amended to read:
580 921.0022 Criminal Punishment Code; offense severity ranking
581 chart.—
582 (3) OFFENSE SEVERITY RANKING CHART
583 (g) LEVEL 7
584 FloridaStatute FelonyDegree Description
585 316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
586 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
587 316.1935(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.
588 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
589 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
590 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
591 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
592 456.065(2) 3rd Practicing a health care profession without a license.
593 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
594 458.327(1) 3rd Practicing medicine without a license.
595 459.013(1) 3rd Practicing osteopathic medicine without a license.
596 460.411(1) 3rd Practicing chiropractic medicine without a license.
597 461.012(1) 3rd Practicing podiatric medicine without a license.
598 462.17 3rd Practicing naturopathy without a license.
599 463.015(1) 3rd Practicing optometry without a license.
600 464.016(1) 3rd Practicing nursing without a license.
601 465.015(2) 3rd Practicing pharmacy without a license.
602 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
603 467.201 3rd Practicing midwifery without a license.
604 468.366 3rd Delivering respiratory care services without a license.
605 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
606 483.901(9) 3rd Practicing medical physics without a license.
607 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
608 484.053 3rd Dispensing hearing aids without a license.
609 494.0018(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.
610 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
611 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
612 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
613 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
614 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
615 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
616 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
617 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
618 782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
619 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
620 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
621 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
622 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
623 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
624 784.048(7) 3rd Aggravated stalking; violation of court order.
625 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
626 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
627 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
628 784.081(1) 1st Aggravated battery on specified official or employee.
629 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
630 784.083(1) 1st Aggravated battery on code inspector.
631 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
632 790.16(1) 1st Discharge of a machine gun under specified circumstances.
633 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
634 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
635 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
636 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
637 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
638 794.08(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.
639 796.03 2nd Procuring any person under 16 years for prostitution.
640 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
641 800.04(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.
642 806.01(2) 2nd Maliciously damage structure by fire or explosive.
643 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
644 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
645 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
646 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
647 812.014(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.
648 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
649 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
650 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
651 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
652 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
653 812.131(2)(a) 2nd Robbery by sudden snatching.
654 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
655 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
656 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
657 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
658 817.2341 (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.
659 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
660 825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
661 827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
662 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
663 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
664 838.015 2nd Bribery.
665 838.016 2nd Unlawful compensation or reward for official behavior.
666 838.021(3)(a) 2nd Unlawful harm to a public servant.
667 838.22 2nd Bid tampering.
668 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
669 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
670 872.06 2nd Abuse of a dead human body.
671 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
672 893.13(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.
673 893.13(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.
674 893.13(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).
675 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
676 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 50 28 grams, less than 400 200 grams.
677 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
678 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 50 28 grams, less than 400 200 grams.
679 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
680 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 30 14 grams, less than 200 28 grams.
681 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
682 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms 1 kilogram or more, less than 15 5 kilograms.
683 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 5 kilograms 1 kilogram or more, less than 15 5 kilograms.
684 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 30 10 grams or more, less than 200 grams.
685 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
686 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
687 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
688 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
689 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
690 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
691 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
692 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
693 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
694 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
695 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
696 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
697 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
698 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
699 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
700 (h) LEVEL 8
701 FloridaStatute FelonyDegree Description
702 316.193 (3)(c)3.a. 2nd DUI manslaughter.
703 316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
704 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
705 499.0051(7) 1st Knowing trafficking in contraband prescription drugs.
706 499.0051(8) 1st Knowing forgery of prescription labels or prescription drug labels.
707 560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
708 560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
709 655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
710 777.03(2)(a) 1st Accessory after the fact, capital felony.
711 782.04(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.
712 782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
713 782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
714 782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
715 790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
716 794.011(5) 2nd Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
717 794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state.
718 800.04(4) 2nd Lewd or lascivious battery.
719 806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
720 810.02(2)(a) 1st,PBL Burglary with assault or battery.
721 810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
722 810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
723 812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
724 812.13(2)(b) 1st Robbery with a weapon.
725 812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
726 817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
727 825.102(2) 1st Aggravated abuse of an elderly person or disabled adult.
728 825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
729 825.103(2)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.
730 837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
731 837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
732 860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
733 860.16 1st Aircraft piracy.
734 893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
735 893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
736 893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
737 893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
738 893.135 (1)(b)1.b. 1st Trafficking in cocaine, more than 400 200 grams, less than 4 kilograms 400 grams.
739 893.135 (1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
740 893.135 (1)(d)1.b. 1st Trafficking in phencyclidine, more than 400 200 grams, less than 4 kilograms 400 grams.
741 893.135 (1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
742 893.135 (1)(f)1.b. 1st Trafficking in amphetamine, more than 200 28 grams, less than 400 200 grams.
743 893.135 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
744 893.135 (1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 15 5 kilograms or more, less than 30 10 kilograms.
745 893.135 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 15 5 kilograms or more, less than 30 10 kilograms.
746 893.135 (1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
747 893.1351(3) 1st Possession of a place used to manufacture controlled substance when minor is present or resides there.
748 895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
749 895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
750 895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
751 896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
752 896.104(4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
753 (i) LEVEL 9
754 FloridaStatute FelonyDegree Description
755 316.193 (3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
756 327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
757 409.920 (2)(b)1.c. 1st Medicaid provider fraud; $50,000 or more.
758 499.0051(9) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
759 560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
760 560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
761 655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
762 775.0844 1st Aggravated white collar crime.
763 782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
764 782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies.
765 782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
766 782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
767 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
768 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
769 787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
770 787.02(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.
771 790.161 1st Attempted capital destructive device offense.
772 790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
773 794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
774 794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
775 794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
776 794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
777 794.08(2) 1st Female genital mutilation; victim younger than 18 years of age.
778 800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
779 812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
780 812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
781 812.135(2)(b) 1st Home-invasion robbery with weapon.
782 817.568(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.
783 827.03(2) 1st Aggravated child abuse.
784 847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
785 847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
786 859.01 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.
787 893.135 1st Attempted capital trafficking offense.
788 893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
789 893.135 (1)(b)1.c. 1st Trafficking in cocaine, more than 4 kilograms 400 grams, less than 150 kilograms.
790 893.135 (1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
791 893.135 (1)(d)1.c. 1st Trafficking in phencyclidine, more than 4 kilograms 400 grams.
792 893.135 (1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
793 893.135 (1)(f)1.c. 1st Trafficking in amphetamine, more than 400 200 grams.
794 893.135 (1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 30 10 kilograms or more.
795 893.135 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 30 10 kilograms or more.
796 893.135 (1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
797 896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
798 896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
799 Section 3. For the purpose of incorporating the amendments
800 made by this act to section 893.135, Florida Statutes, in a
801 reference thereto, paragraph (a) of subsection (2) of section
802 775.087, Florida Statutes, is reenacted to read:
803 775.087 Possession or use of weapon; aggravated battery;
804 felony reclassification; minimum sentence.—
805 (2)(a)1. Any person who is convicted of a felony or an
806 attempt to commit a felony, regardless of whether the use of a
807 weapon is an element of the felony, and the conviction was for:
808 a. Murder;
809 b. Sexual battery;
810 c. Robbery;
811 d. Burglary;
812 e. Arson;
813 f. Aggravated assault;
814 g. Aggravated battery;
815 h. Kidnapping;
816 i. Escape;
817 j. Aircraft piracy;
818 k. Aggravated child abuse;
819 l. Aggravated abuse of an elderly person or disabled adult;
820 m. Unlawful throwing, placing, or discharging of a
821 destructive device or bomb;
822 n. Carjacking;
823 o. Home-invasion robbery;
824 p. Aggravated stalking;
825 q. Trafficking in cannabis, trafficking in cocaine, capital
826 importation of cocaine, trafficking in illegal drugs, capital
827 importation of illegal drugs, trafficking in phencyclidine,
828 capital importation of phencyclidine, trafficking in
829 methaqualone, capital importation of methaqualone, trafficking
830 in amphetamine, capital importation of amphetamine, trafficking
831 in flunitrazepam, trafficking in gamma-hydroxybutyric acid
832 (GHB), trafficking in 1,4-Butanediol, trafficking in
833 Phenethylamines, or other violation of s. 893.135(1); or
834 r. Possession of a firearm by a felon
835
836 and during the commission of the offense, such person actually
837 possessed a “firearm” or “destructive device” as those terms are
838 defined in s. 790.001, shall be sentenced to a minimum term of
839 imprisonment of 10 years, except that a person who is convicted
840 for aggravated assault, possession of a firearm by a felon, or
841 burglary of a conveyance shall be sentenced to a minimum term of
842 imprisonment of 3 years if such person possessed a “firearm” or
843 “destructive device” during the commission of the offense.
844 2. Any person who is convicted of a felony or an attempt to
845 commit a felony listed in sub-subparagraphs (a)1.a.-q.,
846 regardless of whether the use of a weapon is an element of the
847 felony, and during the course of the commission of the felony
848 such person discharged a “firearm” or “destructive device” as
849 defined in s. 790.001 shall be sentenced to a minimum term of
850 imprisonment of 20 years.
851 3. Any person who is convicted of a felony or an attempt to
852 commit a felony listed in sub-subparagraphs (a)1.a.-q.,
853 regardless of whether the use of a weapon is an element of the
854 felony, and during the course of the commission of the felony
855 such person discharged a “firearm” or “destructive device” as
856 defined in s. 790.001 and, as the result of the discharge, death
857 or great bodily harm was inflicted upon any person, the
858 convicted person shall be sentenced to a minimum term of
859 imprisonment of not less than 25 years and not more than a term
860 of imprisonment of life in prison.
861 Section 4. For the purpose of incorporating the amendments
862 made by this act to section 893.135, Florida Statutes, in
863 references thereto, paragraph (a) of subsection (1) and
864 subsections (3) and (4) of section 782.04, Florida Statutes, are
865 reenacted to read:
866 782.04 Murder.—
867 (1)(a) The unlawful killing of a human being:
868 1. When perpetrated from a premeditated design to effect
869 the death of the person killed or any human being;
870 2. When committed by a person engaged in the perpetration
871 of, or in the attempt to perpetrate, any:
872 a. Trafficking offense prohibited by s. 893.135(1),
873 b. Arson,
874 c. Sexual battery,
875 d. Robbery,
876 e. Burglary,
877 f. Kidnapping,
878 g. Escape,
879 h. Aggravated child abuse,
880 i. Aggravated abuse of an elderly person or disabled adult,
881 j. Aircraft piracy,
882 k. Unlawful throwing, placing, or discharging of a
883 destructive device or bomb,
884 l. Carjacking,
885 m. Home-invasion robbery,
886 n. Aggravated stalking,
887 o. Murder of another human being,
888 p. Resisting an officer with violence to his or her person,
889 q. Felony that is an act of terrorism or is in furtherance
890 of an act of terrorism; or
891 3. Which resulted from the unlawful distribution of any
892 substance controlled under s. 893.03(1), cocaine as described in
893 s. 893.03(2)(a)4., opium or any synthetic or natural salt,
894 compound, derivative, or preparation of opium, or methadone by a
895 person 18 years of age or older, when such drug is proven to be
896 the proximate cause of the death of the user,
897
898 is murder in the first degree and constitutes a capital felony,
899 punishable as provided in s. 775.082.
900 (3) When a person is killed in the perpetration of, or in
901 the attempt to perpetrate, any:
902 (a) Trafficking offense prohibited by s. 893.135(1),
903 (b) Arson,
904 (c) Sexual battery,
905 (d) Robbery,
906 (e) Burglary,
907 (f) Kidnapping,
908 (g) Escape,
909 (h) Aggravated child abuse,
910 (i) Aggravated abuse of an elderly person or disabled
911 adult,
912 (j) Aircraft piracy,
913 (k) Unlawful throwing, placing, or discharging of a
914 destructive device or bomb,
915 (l) Carjacking,
916 (m) Home-invasion robbery,
917 (n) Aggravated stalking,
918 (o) Murder of another human being,
919 (p) Resisting an officer with violence to his or her
920 person, or
921 (q) Felony that is an act of terrorism or is in furtherance
922 of an act of terrorism,
923
924 by a person other than the person engaged in the perpetration of
925 or in the attempt to perpetrate such felony, the person
926 perpetrating or attempting to perpetrate such felony is guilty
927 of murder in the second degree, which constitutes a felony of
928 the first degree, punishable by imprisonment for a term of years
929 not exceeding life or as provided in s. 775.082, s. 775.083, or
930 s. 775.084.
931 (4) The unlawful killing of a human being, when perpetrated
932 without any design to effect death, by a person engaged in the
933 perpetration of, or in the attempt to perpetrate, any felony
934 other than any:
935 (a) Trafficking offense prohibited by s. 893.135(1),
936 (b) Arson,
937 (c) Sexual battery,
938 (d) Robbery,
939 (e) Burglary,
940 (f) Kidnapping,
941 (g) Escape,
942 (h) Aggravated child abuse,
943 (i) Aggravated abuse of an elderly person or disabled
944 adult,
945 (j) Aircraft piracy,
946 (k) Unlawful throwing, placing, or discharging of a
947 destructive device or bomb,
948 (l) Unlawful distribution of any substance controlled under
949 s. 893.03(1), cocaine as described in s. 893.03(2)(a)4., or
950 opium or any synthetic or natural salt, compound, derivative, or
951 preparation of opium by a person 18 years of age or older, when
952 such drug is proven to be the proximate cause of the death of
953 the user,
954 (m) Carjacking,
955 (n) Home-invasion robbery,
956 (o) Aggravated stalking,
957 (p) Murder of another human being,
958 (q) Resisting an officer with violence to his or her
959 person, or
960 (r) Felony that is an act of terrorism or is in furtherance
961 of an act of terrorism,
962
963 is murder in the third degree and constitutes a felony of the
964 second degree, punishable as provided in s. 775.082, s. 775.083,
965 or s. 775.084.
966 Section 5. This act shall take effect July 1, 2012.
