Bill Text: FL S1798 | 2011 | Regular Session | Introduced
Bill Title: Mandatory Minimum Sentences
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S1798 Detail]
Download: Florida-2011-S1798-Introduced.html
Florida Senate - 2011 SB 1798
By Senator Smith
29-01033-11 20111798__
1 A bill to be entitled
2 An act relating to mandatory minimum sentences;
3 amending ss. 316.027, 316.193, 379.407, 500.451,
4 624.401, 775.087, 817.568, 876.39, 893.13, and
5 893.135, F.S.; relating to crashes involving death or
6 personal injuries, driving under the influence,
7 unlicensed purchase, sale, or harvest of seafood,
8 violations involving horsemeat, acting as an insurer
9 without a certificate of authority, possession of a
10 weapon during the commission of certain offenses,
11 criminal use of personal identification information,
12 intentionally defective workmanship, and controlled
13 substance violations, respectively, deleting mandatory
14 minimum sentences; providing an effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Paragraph (b) of subsection (1) of section
19 316.027, Florida Statutes, is amended to read:
20 316.027 Crash involving death or personal injuries.—
21 (1)
22 (b) The driver of any vehicle involved in a crash occurring
23 on public or private property that results in the death of any
24 person must immediately stop the vehicle at the scene of the
25 crash, or as close thereto as possible, and must remain at the
26 scene of the crash until he or she has fulfilled the
27 requirements of s. 316.062. Any person who willfully violates
28 this paragraph commits a felony of the first degree, punishable
29 as provided in s. 775.082, s. 775.083, or s. 775.084. Any person
30 who willfully violates this paragraph while driving under the
31 influence as set forth in s. 316.193(1) shall be sentenced to a
32 mandatory minimum term of imprisonment of 2 years.
33 Section 2. Subsection (3) of section 316.193, Florida
34 Statutes, is amended to read:
35 316.193 Driving under the influence; penalties.—
36 (3) Any person:
37 (a) Who is in violation of subsection (1);
38 (b) Who operates a vehicle; and
39 (c) Who, by reason of such operation, causes or contributes
40 to causing:
41 1. Damage to the property or person of another commits a
42 misdemeanor of the first degree, punishable as provided in s.
43 775.082 or s. 775.083.
44 2. Serious bodily injury to another, as defined in s.
45 316.1933, commits a felony of the third degree, punishable as
46 provided in s. 775.082, s. 775.083, or s. 775.084.
47 3. The death of any human being or unborn quick child
48 commits DUI manslaughter, and commits:
49 a. A felony of the second degree, punishable as provided in
50 s. 775.082, s. 775.083, or s. 775.084.
51 b. A felony of the first degree, punishable as provided in
52 s. 775.082, s. 775.083, or s. 775.084, if:
53 (I) At the time of the crash, the person knew, or should
54 have known, that the crash occurred; and
55 (II) The person failed to give information and render aid
56 as required by s. 316.062.
57
58 For purposes of this subsection, the definition of the term
59 “unborn quick child” shall be determined in accordance with the
60 definition of viable fetus as set forth in s. 782.071. A person
61 who is convicted of DUI manslaughter shall be sentenced to a
62 mandatory minimum term of imprisonment of 4 years.
63 Section 3. Subsection (6) of section 379.407, Florida
64 Statutes, is amended to read:
65 379.407 Administration; rules, publications, records;
66 penalties; injunctions.—
67 (6) PENALTIES FOR UNLICENSED SALE, PURCHASE, OR HARVEST.—It
68 is a major violation and punishable as provided in this
69 subsection for any unlicensed person, firm, or corporation who
70 is required to be licensed under this chapter as a commercial
71 harvester or a wholesale or retail dealer to sell or purchase
72 any saltwater product or to harvest or attempt to harvest any
73 saltwater product with intent to sell the saltwater product.
74 (a) Any person, firm, or corporation who sells or purchases
75 any saltwater product without having purchased the licenses
76 required by this chapter for such sale is subject to penalties
77 as follows:
78 1. A first violation is a misdemeanor of the second degree,
79 punishable as provided in s. 775.082 or s. 775.083.
80 2. A second violation is a misdemeanor of the first degree,
81 punishable as provided in s. 775.082 or s. 775.083, and such
82 person may also be assessed a civil penalty of up to $2,500 and
83 is subject to a suspension of all license privileges under this
84 chapter for a period not exceeding 90 days.
85 3. A third violation is a misdemeanor of the first degree,
86 punishable as provided in s. 775.082 or s. 775.083, with a
87 mandatory minimum term of imprisonment of 6 months, and such
88 person may also be assessed a civil penalty of up to $5,000 and
89 is subject to a suspension of all license privileges under this
90 chapter for a period not exceeding 6 months.
91 4. A third violation within 1 year after a second violation
92 is a felony of the third degree, punishable as provided in s.
93 775.082 or s. 775.083, with a mandatory minimum term of
94 imprisonment of 1 year, and such person shall be assessed a
95 civil penalty of $5,000 and all license privileges under this
96 chapter shall be permanently revoked.
97 5. A fourth or subsequent violation is a felony of the
98 third degree, punishable as provided in s. 775.082 or s.
99 775.083, with a mandatory minimum term of imprisonment of 1
100 year, and such person shall be assessed a civil penalty of
101 $5,000 and all license privileges under this chapter shall be
102 permanently revoked.
103 (b) Any person whose license privileges under this chapter
104 have been permanently revoked and who thereafter sells or
105 purchases or who attempts to sell or purchase any saltwater
106 product commits a felony of the third degree, punishable as
107 provided in s. 775.082 or s. 775.083, with a mandatory minimum
108 term of imprisonment of 1 year, and such person shall also be
109 assessed a civil penalty of $5,000. All property involved in
110 such offense shall be forfeited pursuant to s. 379.337.
111 (c) Any commercial harvester or wholesale or retail dealer
112 whose license privileges under this chapter are under suspension
113 and who during such period of suspension sells or purchases or
114 attempts to sell or purchase any saltwater product shall be
115 assessed the following penalties:
116 1. A first violation, or a second violation occurring more
117 than 12 months after a first violation, is a first degree
118 misdemeanor, punishable as provided in ss. 775.082 and 775.083,
119 and such commercial harvester or wholesale or retail dealer may
120 be assessed a civil penalty of up to $2,500 and an additional
121 suspension of all license privileges under this chapter for a
122 period not exceeding 90 days.
123 2. A second violation occurring within 12 months of a first
124 violation is a third degree felony, punishable as provided in
125 ss. 775.082 and 775.083, with a mandatory minimum term of
126 imprisonment of 1 year, and such commercial harvester or
127 wholesale or retail dealer may be assessed a civil penalty of up
128 to $5,000 and an additional suspension of all license privileges
129 under this chapter for a period not exceeding 180 days. All
130 property involved in such offense shall be forfeited pursuant to
131 s. 379.337.
132 3. A third violation within 24 months of the second
133 violation or subsequent violation is a third degree felony,
134 punishable as provided in ss. 775.082 and 775.083, with a
135 mandatory minimum term of imprisonment of 1 year, and such
136 commercial harvester or wholesale or retail dealer shall be
137 assessed a mandatory civil penalty of up to $5,000 and an
138 additional suspension of all license privileges under this
139 chapter for a period not exceeding 24 months. All property
140 involved in such offense shall be forfeited pursuant to s.
141 379.337.
142 (d) Any commercial harvester who harvests or attempts to
143 harvest any saltwater product with intent to sell the saltwater
144 product without having purchased a saltwater products license
145 with the requisite endorsements is subject to penalties as
146 follows:
147 1. A first violation is a misdemeanor of the second degree,
148 punishable as provided in s. 775.082 or s. 775.083.
149 2. A second violation is a misdemeanor of the first degree,
150 punishable as provided in s. 775.082 or s. 775.083, and such
151 commercial harvester may also be assessed a civil penalty of up
152 to $2,500 and is subject to a suspension of all license
153 privileges under this chapter for a period not exceeding 90
154 days.
155 3. A third violation is a misdemeanor of the first degree,
156 punishable as provided in s. 775.082 or s. 775.083, with a
157 mandatory minimum term of imprisonment of 6 months, and such
158 commercial harvester may also be assessed a civil penalty of up
159 to $5,000 and is subject to a suspension of all license
160 privileges under this chapter for a period not exceeding 6
161 months.
162 4. A third violation within 1 year after a second violation
163 is a felony of the third degree, punishable as provided in s.
164 775.082 or s. 775.083, with a mandatory minimum term of
165 imprisonment of 1 year, and such commercial harvester shall also
166 be assessed a civil penalty of $5,000 and all license privileges
167 under this chapter shall be permanently revoked.
168 5. A fourth or subsequent violation is a felony of the
169 third degree, punishable as provided in s. 775.082 or s.
170 775.083, with a mandatory minimum term of imprisonment of 1
171 year, and such commercial harvester shall also be assessed a
172 mandatory civil penalty of $5,000 and all license privileges
173 under this chapter shall be permanently revoked.
174
175 For purposes of this subsection, a violation means any judicial
176 disposition other than acquittal or dismissal.
177 Section 4. Subsection (2) of section 500.451, Florida
178 Statutes, is amended to read:
179 500.451 Horse meat; offenses.—
180 (2) A person that violates this section commits a felony of
181 the third degree, punishable as provided in s. 775.082, s.
182 775.083, or s. 775.084, except that any person who commits a
183 violation of this section shall be sentenced to a minimum
184 mandatory fine of $3,500 and a minimum mandatory period of
185 incarceration of 1 year.
186 Section 5. Paragraph (b) of subsection (4) of section
187 624.401, Florida Statutes, is amended to read:
188 624.401 Certificate of authority required.—
189 (4)
190 (b) However, any person acting as an insurer without a
191 valid certificate of authority who violates this section commits
192 insurance fraud, punishable as provided in this paragraph. If
193 the amount of any insurance premium collected with respect to
194 any violation of this section:
195 1. Is less than $20,000, the offender commits a felony of
196 the third degree, punishable as provided in s. 775.082, s.
197 775.083, or s. 775.084, and the offender shall be sentenced to a
198 minimum term of imprisonment of 1 year.
199 2. Is $20,000 or more, but less than $100,000, the offender
200 commits a felony of the second degree, punishable as provided in
201 s. 775.082, s. 775.083, or s. 775.084, and the offender shall be
202 sentenced to a minimum term of imprisonment of 18 months.
203 3. Is $100,000 or more, the offender commits a felony of
204 the first degree, punishable as provided in s. 775.082, s.
205 775.083, or s. 775.084, and the offender shall be sentenced to a
206 minimum term of imprisonment of 2 years.
207 Section 6. Paragraph (a) of subsection (2) of section
208 775.087, Florida Statutes, is amended to read:
209 775.087 Possession or use of weapon; aggravated battery;
210 felony reclassification; minimum sentence.—
211 (2)(a)1. Any person who is convicted of a felony or an
212 attempt to commit a felony, regardless of whether the use of a
213 weapon is an element of the felony, and the conviction was for:
214 a. Murder;
215 b. Sexual battery;
216 c. Robbery;
217 d. Burglary;
218 e. Arson;
219 f. Aggravated assault;
220 g. Aggravated battery;
221 h. Kidnapping;
222 i. Escape;
223 j. Aircraft piracy;
224 k. Aggravated child abuse;
225 l. Aggravated abuse of an elderly person or disabled adult;
226 m. Unlawful throwing, placing, or discharging of a
227 destructive device or bomb;
228 n. Carjacking;
229 o. Home-invasion robbery;
230 p. Aggravated stalking;
231 q. Trafficking in cannabis, trafficking in cocaine, capital
232 importation of cocaine, trafficking in illegal drugs, capital
233 importation of illegal drugs, trafficking in phencyclidine,
234 capital importation of phencyclidine, trafficking in
235 methaqualone, capital importation of methaqualone, trafficking
236 in amphetamine, capital importation of amphetamine, trafficking
237 in flunitrazepam, trafficking in gamma-hydroxybutyric acid
238 (GHB), trafficking in 1,4-Butanediol, trafficking in
239 Phenethylamines, or other violation of s. 893.135(1); or
240 r. Possession of a firearm by a felon
241
242 and during the commission of the offense, such person actually
243 possessed a “firearm” or “destructive device” as those terms are
244 defined in s. 790.001, shall be sentenced to a minimum term of
245 imprisonment of 10 years, except that a person who is convicted
246 for aggravated assault, possession of a firearm by a felon, or
247 burglary of a conveyance shall be sentenced to a minimum term of
248 imprisonment of 3 years if such person possessed a “firearm” or
249 “destructive device” during the commission of the offense.
250 2. Any person who is convicted of a felony or an attempt to
251 commit a felony listed in sub-subparagraphs (a)1.a.-q.,
252 regardless of whether the use of a weapon is an element of the
253 felony, and during the course of the commission of the felony
254 such person discharged a “firearm” or “destructive device” as
255 defined in s. 790.001, such person shall be sentenced to a
256 minimum term of imprisonment of 20 years.
257 2.3. Any person who is convicted of a felony or an attempt
258 to commit a felony listed in sub-subparagraphs (a)1.a.-q.,
259 regardless of whether the use of a weapon is an element of the
260 felony, and during the course of the commission of the felony
261 such person discharged a “firearm” or “destructive device” as
262 defined in s. 790.001 and, as the result of the discharge, death
263 or great bodily harm was inflicted upon any person, the
264 convicted person shall be sentenced to a minimum term of
265 imprisonment of not less than 25 years and not more than a term
266 of imprisonment of life in prison.
267 Section 7. Subsections (4) through (17) of section 817.568,
268 Florida Statutes, are renumbered as subsections (3) through
269 (16), respectively, and paragraphs (b) and (c) of present
270 subsection (2), present subsection (3), paragraphs (b) and (c)
271 of present subsection (8), and present subsection (17) of that
272 section are amended to read:
273 817.568 Criminal use of personal identification
274 information.—
275 (2)
276 (b) Any person who willfully and without authorization
277 fraudulently uses personal identification information concerning
278 an individual without first obtaining that individual’s consent
279 commits a felony of the second degree, punishable as provided in
280 s. 775.082, s. 775.083, or s. 775.084, if the pecuniary benefit,
281 the value of the services received, the payment sought to be
282 avoided, or the amount of the injury or fraud perpetrated is
283 $5,000 or more or if the person fraudulently uses the personal
284 identification information of 10 or more individuals, but fewer
285 than 20 individuals, without their consent. Notwithstanding any
286 other provision of law, the court shall sentence any person
287 convicted of committing the offense described in this paragraph
288 to a mandatory minimum sentence of 3 years’ imprisonment.
289 (c) Any person who willfully and without authorization
290 fraudulently uses personal identification information concerning
291 an individual without first obtaining that individual’s consent
292 commits a felony of the first degree, punishable as provided in
293 s. 775.082, s. 775.083, or s. 775.084, if the pecuniary benefit,
294 the value of the services received, the payment sought to be
295 avoided, or the amount of the injury or fraud perpetrated is
296 $50,000 or more or if the person fraudulently uses the personal
297 identification information of 20 or more individuals, but fewer
298 than 30 individuals, without their consent. Notwithstanding any
299 other provision of law, the court shall sentence any person
300 convicted of committing the offense described in this paragraph
301 to a mandatory minimum sentence of 5 years’ imprisonment. If the
302 pecuniary benefit, the value of the services received, the
303 payment sought to be avoided, or the amount of the injury or
304 fraud perpetrated is $100,000 or more, or if the person
305 fraudulently uses the personal identification information of 30
306 or more individuals without their consent, notwithstanding any
307 other provision of law, the court shall sentence any person
308 convicted of committing the offense described in this paragraph
309 to a mandatory minimum sentence of 10 years’ imprisonment.
310 (3) Neither paragraph (2)(b) nor paragraph (2)(c) prevents
311 a court from imposing a greater sentence of incarceration as
312 authorized by law. If the minimum mandatory terms of
313 imprisonment imposed under paragraph (2)(b) or paragraph (2)(c)
314 exceed the maximum sentences authorized under s. 775.082, s.
315 775.084, or the Criminal Punishment Code under chapter 921, the
316 mandatory minimum sentence must be imposed. If the mandatory
317 minimum terms of imprisonment under paragraph (2)(b) or
318 paragraph (2)(c) are less than the sentence that could be
319 imposed under s. 775.082, s. 775.084, or the Criminal Punishment
320 Code under chapter 921, the sentence imposed by the court must
321 include the mandatory minimum term of imprisonment as required
322 by paragraph (2)(b) or paragraph (2)(c).
323 (7)(8)
324 (b) Any person who willfully and fraudulently uses personal
325 identification information concerning a deceased individual
326 commits a felony of the second degree, punishable as provided in
327 s. 775.082, s. 775.083, or s. 775.084, if the pecuniary benefit,
328 the value of the services received, the payment sought to be
329 avoided, or the amount of injury or fraud perpetrated is $5,000
330 or more, or if the person fraudulently uses the personal
331 identification information of 10 or more but fewer than 20
332 deceased individuals. Notwithstanding any other provision of
333 law, the court shall sentence any person convicted of committing
334 the offense described in this paragraph to a mandatory minimum
335 sentence of 3 years’ imprisonment.
336 (c) Any person who willfully and fraudulently uses personal
337 identification information concerning a deceased individual
338 commits the offense of aggravated fraudulent use of the personal
339 identification information of multiple deceased individuals, a
340 felony of the first degree, punishable as provided in s.
341 775.082, s. 775.083, or s. 775.084, if the pecuniary benefit,
342 the value of the services received, the payment sought to be
343 avoided, or the amount of injury or fraud perpetrated is $50,000
344 or more, or if the person fraudulently uses the personal
345 identification information of 20 or more but fewer than 30
346 deceased individuals. Notwithstanding any other provision of
347 law, the court shall sentence any person convicted of the
348 offense described in this paragraph to a minimum mandatory
349 sentence of 5 years’ imprisonment. If the pecuniary benefit, the
350 value of the services received, the payment sought to be
351 avoided, or the amount of the injury or fraud perpetrated is
352 $100,000 or more, or if the person fraudulently uses the
353 personal identification information of 30 or more deceased
354 individuals, notwithstanding any other provision of law, the
355 court shall sentence any person convicted of an offense
356 described in this paragraph to a mandatory minimum sentence of
357 10 years’ imprisonment.
358 (16)(17) A prosecution of an offense prohibited under
359 subsection (2), subsection (5) (6), or subsection (6) (7) must
360 be commenced within 3 years after the offense occurred. However,
361 a prosecution may be commenced within 1 year after discovery of
362 the offense by an aggrieved party, or by a person who has a
363 legal duty to represent the aggrieved party and who is not a
364 party to the offense, if such prosecution is commenced within 5
365 years after the violation occurred.
366 Section 8. Section 876.39, Florida Statutes, is amended to
367 read:
368 876.39 Intentionally defective workmanship.—Whoever
369 intentionally makes or causes to be made or omits to note on
370 inspection any defect in any article or thing with reasonable
371 grounds to believe that such article or thing is intended to be
372 used in connection with the preparation of the United States or
373 of any country with which the United States shall then maintain
374 friendly relations, or any of the states for defense or for war,
375 or for the prosecution of war by the United States, or that such
376 article or thing is one of a number of similar articles or
377 things, some of which are intended so to be used, commits shall
378 be guilty of a felony of the second degree, punishable as
379 provided in s. 775.082, s. 775.083, or s. 775.084; provided, if
380 such person so acts or so fails to act with the intent to
381 hinder, delay or interfere with the preparation of the United
382 States or of any country with which the United States shall then
383 maintain friendly relations, or of any of the states for defense
384 or for war, or with the prosecution of war by the United States,
385 the minimum punishment shall be imprisonment in the state prison
386 for not less than 1 year.
387 Section 9. Paragraphs (c) and (g) of subsection (1) of
388 section 893.13, Florida Statutes, are amended to read:
389 893.13 Prohibited acts; penalties.—
390 (1)
391 (c) Except as authorized by this chapter, it is unlawful
392 for any person to sell, manufacture, or deliver, or possess with
393 intent to sell, manufacture, or deliver, a controlled substance
394 in, on, or within 1,000 feet of the real property comprising a
395 child care facility as defined in s. 402.302 or a public or
396 private elementary, middle, or secondary school between the
397 hours of 6 a.m. and 12 midnight, or at any time in, on, or
398 within 1,000 feet of real property comprising a state, county,
399 or municipal park, a community center, or a publicly owned
400 recreational facility. For the purposes of this paragraph, the
401 term “community center” means a facility operated by a nonprofit
402 community-based organization for the provision of recreational,
403 social, or educational services to the public. Any person who
404 violates this paragraph with respect to:
405 1. A controlled substance named or described in s.
406 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
407 commits a felony of the first degree, punishable as provided in
408 s. 775.082, s. 775.083, or s. 775.084. The defendant must be
409 sentenced to a minimum term of imprisonment of 3 calendar years
410 unless the offense was committed within 1,000 feet of the real
411 property comprising a child care facility as defined in s.
412 402.302.
413 2. A controlled substance named or described in s.
414 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
415 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
416 the second degree, punishable as provided in s. 775.082, s.
417 775.083, or s. 775.084.
418 3. Any other controlled substance, except as lawfully sold,
419 manufactured, or delivered, must be sentenced to pay a $500 fine
420 and to serve 100 hours of public service in addition to any
421 other penalty prescribed by law.
422
423 This paragraph does not apply to a child care facility unless
424 the owner or operator of the facility posts a sign that is not
425 less than 2 square feet in size with a word legend identifying
426 the facility as a licensed child care facility and that is
427 posted on the property of the child care facility in a
428 conspicuous place where the sign is reasonably visible to the
429 public.
430 (g) Except as authorized by this chapter, it is unlawful
431 for any person to manufacture methamphetamine or phencyclidine,
432 or possess any listed chemical as defined in s. 893.033 in
433 violation of s. 893.149 and with intent to manufacture
434 methamphetamine or phencyclidine. If any person violates this
435 paragraph and:
436 1. The commission or attempted commission of the crime
437 occurs in a structure or conveyance where any child under 16
438 years of age is present, the person commits a felony of the
439 first degree, punishable as provided in s. 775.082, s. 775.083,
440 or s. 775.084. In addition, the defendant must be sentenced to a
441 minimum term of imprisonment of 5 calendar years.
442 2. The commission of the crime causes any child under 16
443 years of age to suffer great bodily harm, the person commits a
444 felony of the first degree, punishable as provided in s.
445 775.082, s. 775.083, or s. 775.084. In addition, the defendant
446 must be sentenced to a minimum term of imprisonment of 10
447 calendar years.
448 Section 10. Subsections (4) through (7) of section 893.135,
449 Florida Statutes, are renumbered as subsections (3) through (6),
450 respectively, and present subsections (1) and (3) of that
451 section are amended to read:
452 893.135 Trafficking; mandatory sentences; suspension or
453 reduction of sentences; conspiracy to engage in trafficking.—
454 (1) Except as authorized in this chapter or in chapter 499
455 and notwithstanding the provisions of s. 893.13:
456 (a) Any person who knowingly sells, purchases,
457 manufactures, delivers, or brings into this state, or who is
458 knowingly in actual or constructive possession of, in excess of
459 25 pounds of cannabis, or 300 or more cannabis plants, commits a
460 felony of the first degree, which felony shall be known as
461 “trafficking in cannabis,” punishable as provided in s. 775.082,
462 s. 775.083, or s. 775.084. If the quantity of cannabis involved:
463 1. Is in excess of 25 pounds, but less than 2,000 pounds,
464 or is 300 or more cannabis plants, but not more than 2,000
465 cannabis plants, such person shall be sentenced to a mandatory
466 minimum term of imprisonment of 3 years, and the defendant shall
467 be ordered to pay a fine of $25,000.
468 2. Is 2,000 pounds or more, but less than 10,000 pounds, or
469 is 2,000 or more cannabis plants, but not more than 10,000
470 cannabis plants, such person shall be sentenced to a mandatory
471 minimum term of imprisonment of 7 years, and the defendant shall
472 be ordered to pay a fine of $50,000.
473 3. Is 10,000 pounds or more, or is 10,000 or more cannabis
474 plants, such person shall be sentenced to a mandatory minimum
475 term of imprisonment of 15 calendar years and pay a fine of
476 $200,000.
477
478 For the purpose of this paragraph, a plant, including, but not
479 limited to, a seedling or cutting, is a “cannabis plant” if it
480 has some readily observable evidence of root formation, such as
481 root hairs. To determine if a piece or part of a cannabis plant
482 severed from the cannabis plant is itself a cannabis plant, the
483 severed piece or part must have some readily observable evidence
484 of root formation, such as root hairs. Callous tissue is not
485 readily observable evidence of root formation. The viability and
486 sex of a plant and the fact that the plant may or may not be a
487 dead harvested plant are not relevant in determining if the
488 plant is a “cannabis plant” or in the charging of an offense
489 under this paragraph. Upon conviction, the court shall impose
490 the longest term of imprisonment provided for in this paragraph.
491 (b)1. Any person who knowingly sells, purchases,
492 manufactures, delivers, or brings into this state, or who is
493 knowingly in actual or constructive possession of, 28 grams or
494 more of cocaine, as described in s. 893.03(2)(a)4., or of any
495 mixture containing cocaine, but less than 150 kilograms of
496 cocaine or any such mixture, commits a felony of the first
497 degree, which felony shall be known as “trafficking in cocaine,”
498 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
499 If the quantity involved:
500 a. Is 28 grams or more, but less than 200 grams, such
501 person shall be sentenced to a mandatory minimum term of
502 imprisonment of 3 years, and the defendant shall be ordered to
503 pay a fine of $50,000.
504 b. Is 200 grams or more, but less than 400 grams, such
505 person shall be sentenced to a mandatory minimum term of
506 imprisonment of 7 years, and the defendant shall be ordered to
507 pay a fine of $100,000.
508 c. Is 400 grams or more, but less than 150 kilograms, such
509 person shall be sentenced to a mandatory minimum term of
510 imprisonment of 15 calendar years and pay a fine of $250,000.
511 2. Any person who knowingly sells, purchases, manufactures,
512 delivers, or brings into this state, or who is knowingly in
513 actual or constructive possession of, 150 kilograms or more of
514 cocaine, as described in s. 893.03(2)(a)4., commits the first
515 degree felony of trafficking in cocaine. A person who has been
516 convicted of the first degree felony of trafficking in cocaine
517 under this subparagraph shall be punished by life imprisonment
518 and is ineligible for any form of discretionary early release
519 except pardon or executive clemency or conditional medical
520 release under s. 947.149. However, if the court determines that,
521 in addition to committing any act specified in this paragraph:
522 a. The person intentionally killed an individual or
523 counseled, commanded, induced, procured, or caused the
524 intentional killing of an individual and such killing was the
525 result; or
526 b. The person’s conduct in committing that act led to a
527 natural, though not inevitable, lethal result,
528
529 such person commits the capital felony of trafficking in
530 cocaine, punishable as provided in ss. 775.082 and 921.142. Any
531 person sentenced for a capital felony under this paragraph shall
532 also be sentenced to pay the maximum fine provided under
533 subparagraph 1.
534 3. Any person who knowingly brings into this state 300
535 kilograms or more of cocaine, as described in s. 893.03(2)(a)4.,
536 and who knows that the probable result of such importation would
537 be the death of any person, commits capital importation of
538 cocaine, a capital felony punishable as provided in ss. 775.082
539 and 921.142. Any person sentenced for a capital felony under
540 this paragraph shall also be sentenced to pay the maximum fine
541 provided under subparagraph 1.
542 (c)1. Any person who knowingly sells, purchases,
543 manufactures, delivers, or brings into this state, or who is
544 knowingly in actual or constructive possession of, 4 grams or
545 more of any morphine, opium, oxycodone, hydrocodone,
546 hydromorphone, or any salt, derivative, isomer, or salt of an
547 isomer thereof, including heroin, as described in s.
548 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 4 grams or more
549 of any mixture containing any such substance, but less than 30
550 kilograms of such substance or mixture, commits a felony of the
551 first degree, which felony shall be known as “trafficking in
552 illegal drugs,” punishable as provided in s. 775.082, s.
553 775.083, or s. 775.084. If the quantity involved:
554 a. Is 4 grams or more, but less than 14 grams, such person
555 shall be sentenced to a mandatory minimum term of imprisonment
556 of 3 years, and the defendant shall be ordered to pay a fine of
557 $50,000.
558 b. Is 14 grams or more, but less than 28 grams, such person
559 shall be sentenced to a mandatory minimum term of imprisonment
560 of 15 years, and the defendant shall be ordered to pay a fine of
561 $100,000.
562 c. Is 28 grams or more, but less than 30 kilograms, such
563 person shall be sentenced to a mandatory minimum term of
564 imprisonment of 25 calendar years and pay a fine of $500,000.
565 2. Any person who knowingly sells, purchases, manufactures,
566 delivers, or brings into this state, or who is knowingly in
567 actual or constructive possession of, 30 kilograms or more of
568 any morphine, opium, oxycodone, hydrocodone, hydromorphone, or
569 any salt, derivative, isomer, or salt of an isomer thereof,
570 including heroin, as described in s. 893.03(1)(b), (2)(a),
571 (3)(c)3., or (3)(c)4., or 30 kilograms or more of any mixture
572 containing any such substance, commits the first degree felony
573 of trafficking in illegal drugs. A person who has been convicted
574 of the first degree felony of trafficking in illegal drugs under
575 this subparagraph shall be punished by life imprisonment and is
576 ineligible for any form of discretionary early release except
577 pardon or executive clemency or conditional medical release
578 under s. 947.149. However, if the court determines that, in
579 addition to committing any act specified in this paragraph:
580 a. The person intentionally killed an individual or
581 counseled, commanded, induced, procured, or caused the
582 intentional killing of an individual and such killing was the
583 result; or
584 b. The person’s conduct in committing that act led to a
585 natural, though not inevitable, lethal result,
586
587 such person commits the capital felony of trafficking in illegal
588 drugs, punishable as provided in ss. 775.082 and 921.142. Any
589 person sentenced for a capital felony under this paragraph shall
590 also be sentenced to pay the maximum fine provided under
591 subparagraph 1.
592 3. Any person who knowingly brings into this state 60
593 kilograms or more of any morphine, opium, oxycodone,
594 hydrocodone, hydromorphone, or any salt, derivative, isomer, or
595 salt of an isomer thereof, including heroin, as described in s.
596 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 60 kilograms or
597 more of any mixture containing any such substance, and who knows
598 that the probable result of such importation would be the death
599 of any person, commits capital importation of illegal drugs, a
600 capital felony punishable as provided in ss. 775.082 and
601 921.142. Any person sentenced for a capital felony under this
602 paragraph shall also be sentenced to pay the maximum fine
603 provided under subparagraph 1.
604 (d)1. Any person who knowingly sells, purchases,
605 manufactures, delivers, or brings into this state, or who is
606 knowingly in actual or constructive possession of, 28 grams or
607 more of phencyclidine or of any mixture containing
608 phencyclidine, as described in s. 893.03(2)(b), commits a felony
609 of the first degree, which felony shall be known as “trafficking
610 in phencyclidine,” punishable as provided in s. 775.082, s.
611 775.083, or s. 775.084. If the quantity involved:
612 a. Is 28 grams or more, but less than 200 grams, such
613 person shall be sentenced to a mandatory minimum term of
614 imprisonment of 3 years, and the defendant shall be ordered to
615 pay a fine of $50,000.
616 b. Is 200 grams or more, but less than 400 grams, such
617 person shall be sentenced to a mandatory minimum term of
618 imprisonment of 7 years, and the defendant shall be ordered to
619 pay a fine of $100,000.
620 c. Is 400 grams or more, such person shall be sentenced to
621 a mandatory minimum term of imprisonment of 15 calendar years
622 and pay a fine of $250,000.
623 2. Any person who knowingly brings into this state 800
624 grams or more of phencyclidine or of any mixture containing
625 phencyclidine, as described in s. 893.03(2)(b), and who knows
626 that the probable result of such importation would be the death
627 of any person commits capital importation of phencyclidine, a
628 capital felony punishable as provided in ss. 775.082 and
629 921.142. Any person sentenced for a capital felony under this
630 paragraph shall also be sentenced to pay the maximum fine
631 provided under subparagraph 1.
632 (e)1. Any person who knowingly sells, purchases,
633 manufactures, delivers, or brings into this state, or who is
634 knowingly in actual or constructive possession of, 200 grams or
635 more of methaqualone or of any mixture containing methaqualone,
636 as described in s. 893.03(1)(d), commits a felony of the first
637 degree, which felony shall be known as “trafficking in
638 methaqualone,” punishable as provided in s. 775.082, s. 775.083,
639 or s. 775.084. If the quantity involved:
640 a. Is 200 grams or more, but less than 5 kilograms, such
641 person shall be sentenced to a mandatory minimum term of
642 imprisonment of 3 years, and the defendant shall be ordered to
643 pay a fine of $50,000.
644 b. Is 5 kilograms or more, but less than 25 kilograms, such
645 person shall be sentenced to a mandatory minimum term of
646 imprisonment of 7 years, and the defendant shall be ordered to
647 pay a fine of $100,000.
648 c. Is 25 kilograms or more, such person shall be sentenced
649 to a mandatory minimum term of imprisonment of 15 calendar years
650 and pay a fine of $250,000.
651 2. Any person who knowingly brings into this state 50
652 kilograms or more of methaqualone or of any mixture containing
653 methaqualone, as described in s. 893.03(1)(d), and who knows
654 that the probable result of such importation would be the death
655 of any person commits capital importation of methaqualone, a
656 capital felony punishable as provided in ss. 775.082 and
657 921.142. Any person sentenced for a capital felony under this
658 paragraph shall also be sentenced to pay the maximum fine
659 provided under subparagraph 1.
660 (f)1. Any person who knowingly sells, purchases,
661 manufactures, delivers, or brings into this state, or who is
662 knowingly in actual or constructive possession of, 14 grams or
663 more of amphetamine, as described in s. 893.03(2)(c)2., or
664 methamphetamine, as described in s. 893.03(2)(c)4., or of any
665 mixture containing amphetamine or methamphetamine, or
666 phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine
667 in conjunction with other chemicals and equipment utilized in
668 the manufacture of amphetamine or methamphetamine, commits a
669 felony of the first degree, which felony shall be known as
670 “trafficking in amphetamine,” punishable as provided in s.
671 775.082, s. 775.083, or s. 775.084. If the quantity involved:
672 a. Is 14 grams or more, but less than 28 grams, such person
673 shall be sentenced to a mandatory minimum term of imprisonment
674 of 3 years, and the defendant shall be ordered to pay a fine of
675 $50,000.
676 b. Is 28 grams or more, but less than 200 grams, such
677 person shall be sentenced to a mandatory minimum term of
678 imprisonment of 7 years, and the defendant shall be ordered to
679 pay a fine of $100,000.
680 c. Is 200 grams or more, such person shall be sentenced to
681 a mandatory minimum term of imprisonment of 15 calendar years
682 and pay a fine of $250,000.
683 2. Any person who knowingly manufactures or brings into
684 this state 400 grams or more of amphetamine, as described in s.
685 893.03(2)(c)2., or methamphetamine, as described in s.
686 893.03(2)(c)4., or of any mixture containing amphetamine or
687 methamphetamine, or phenylacetone, phenylacetic acid,
688 pseudoephedrine, or ephedrine in conjunction with other
689 chemicals and equipment used in the manufacture of amphetamine
690 or methamphetamine, and who knows that the probable result of
691 such manufacture or importation would be the death of any person
692 commits capital manufacture or importation of amphetamine, a
693 capital felony punishable as provided in ss. 775.082 and
694 921.142. Any person sentenced for a capital felony under this
695 paragraph shall also be sentenced to pay the maximum fine
696 provided under subparagraph 1.
697 (g)1. Any person who knowingly sells, purchases,
698 manufactures, delivers, or brings into this state, or who is
699 knowingly in actual or constructive possession of, 4 grams or
700 more of flunitrazepam or any mixture containing flunitrazepam as
701 described in s. 893.03(1)(a) commits a felony of the first
702 degree, which felony shall be known as “trafficking in
703 flunitrazepam,” punishable as provided in s. 775.082, s.
704 775.083, or s. 775.084. If the quantity involved:
705 a. Is 4 grams or more but less than 14 grams, such person
706 shall be sentenced to a mandatory minimum term of imprisonment
707 of 3 years, and the defendant shall be ordered to pay a fine of
708 $50,000.
709 b. Is 14 grams or more but less than 28 grams, such person
710 shall be sentenced to a mandatory minimum term of imprisonment
711 of 7 years, and the defendant shall be ordered to pay a fine of
712 $100,000.
713 c. Is 28 grams or more but less than 30 kilograms, such
714 person shall be sentenced to a mandatory minimum term of
715 imprisonment of 25 calendar years and pay a fine of $500,000.
716 2. Any person who knowingly sells, purchases, manufactures,
717 delivers, or brings into this state or who is knowingly in
718 actual or constructive possession of 30 kilograms or more of
719 flunitrazepam or any mixture containing flunitrazepam as
720 described in s. 893.03(1)(a) commits the first degree felony of
721 trafficking in flunitrazepam. A person who has been convicted of
722 the first degree felony of trafficking in flunitrazepam under
723 this subparagraph shall be punished by life imprisonment and is
724 ineligible for any form of discretionary early release except
725 pardon or executive clemency or conditional medical release
726 under s. 947.149. However, if the court determines that, in
727 addition to committing any act specified in this paragraph:
728 a. The person intentionally killed an individual or
729 counseled, commanded, induced, procured, or caused the
730 intentional killing of an individual and such killing was the
731 result; or
732 b. The person’s conduct in committing that act led to a
733 natural, though not inevitable, lethal result,
734
735 such person commits the capital felony of trafficking in
736 flunitrazepam, punishable as provided in ss. 775.082 and
737 921.142. Any person sentenced for a capital felony under this
738 paragraph shall also be sentenced to pay the maximum fine
739 provided under subparagraph 1.
740 (h)1. Any person who knowingly sells, purchases,
741 manufactures, delivers, or brings into this state, or who is
742 knowingly in actual or constructive possession of, 1 kilogram or
743 more of gamma-hydroxybutyric acid (GHB), as described in s.
744 893.03(1)(d), or any mixture containing gamma-hydroxybutyric
745 acid (GHB), commits a felony of the first degree, which felony
746 shall be known as “trafficking in gamma-hydroxybutyric acid
747 (GHB),” punishable as provided in s. 775.082, s. 775.083, or s.
748 775.084. If the quantity involved:
749 a. Is 1 kilogram or more but less than 5 kilograms, such
750 person shall be sentenced to a mandatory minimum term of
751 imprisonment of 3 years, and the defendant shall be ordered to
752 pay a fine of $50,000.
753 b. Is 5 kilograms or more but less than 10 kilograms, such
754 person shall be sentenced to a mandatory minimum term of
755 imprisonment of 7 years, and the defendant shall be ordered to
756 pay a fine of $100,000.
757 c. Is 10 kilograms or more, such person shall be sentenced
758 to a mandatory minimum term of imprisonment of 15 calendar years
759 and pay a fine of $250,000.
760 2. Any person who knowingly manufactures or brings into
761 this state 150 kilograms or more of gamma-hydroxybutyric acid
762 (GHB), as described in s. 893.03(1)(d), or any mixture
763 containing gamma-hydroxybutyric acid (GHB), and who knows that
764 the probable result of such manufacture or importation would be
765 the death of any person commits capital manufacture or
766 importation of gamma-hydroxybutyric acid (GHB), a capital felony
767 punishable as provided in ss. 775.082 and 921.142. Any person
768 sentenced for a capital felony under this paragraph shall also
769 be sentenced to pay the maximum fine provided under subparagraph
770 1.
771 (i)1. Any person who knowingly sells, purchases,
772 manufactures, delivers, or brings into this state, or who is
773 knowingly in actual or constructive possession of, 1 kilogram or
774 more of gamma-butyrolactone (GBL), as described in s.
775 893.03(1)(d), or any mixture containing gamma-butyrolactone
776 (GBL), commits a felony of the first degree, which felony shall
777 be known as “trafficking in gamma-butyrolactone (GBL),”
778 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
779 If the quantity involved:
780 a. Is 1 kilogram or more but less than 5 kilograms, such
781 person shall be sentenced to a mandatory minimum term of
782 imprisonment of 3 years, and the defendant shall be ordered to
783 pay a fine of $50,000.
784 b. Is 5 kilograms or more but less than 10 kilograms, such
785 person shall be sentenced to a mandatory minimum term of
786 imprisonment of 7 years, and the defendant shall be ordered to
787 pay a fine of $100,000.
788 c. Is 10 kilograms or more, such person shall be sentenced
789 to a mandatory minimum term of imprisonment of 15 calendar years
790 and pay a fine of $250,000.
791 2. Any person who knowingly manufactures or brings into the
792 state 150 kilograms or more of gamma-butyrolactone (GBL), as
793 described in s. 893.03(1)(d), or any mixture containing gamma
794 butyrolactone (GBL), and who knows that the probable result of
795 such manufacture or importation would be the death of any person
796 commits capital manufacture or importation of gamma
797 butyrolactone (GBL), a capital felony punishable as provided in
798 ss. 775.082 and 921.142. Any person sentenced for a capital
799 felony under this paragraph shall also be sentenced to pay the
800 maximum fine provided under subparagraph 1.
801 (j)1. Any person who knowingly sells, purchases,
802 manufactures, delivers, or brings into this state, or who is
803 knowingly in actual or constructive possession of, 1 kilogram or
804 more of 1,4-Butanediol as described in s. 893.03(1)(d), or of
805 any mixture containing 1,4-Butanediol, commits a felony of the
806 first degree, which felony shall be known as “trafficking in
807 1,4-Butanediol,” punishable as provided in s. 775.082, s.
808 775.083, or s. 775.084. If the quantity involved:
809 a. Is 1 kilogram or more, but less than 5 kilograms, such
810 person shall be sentenced to a mandatory minimum term of
811 imprisonment of 3 years, and the defendant shall be ordered to
812 pay a fine of $50,000.
813 b. Is 5 kilograms or more, but less than 10 kilograms, such
814 person shall be sentenced to a mandatory minimum term of
815 imprisonment of 7 years, and the defendant shall be ordered to
816 pay a fine of $100,000.
817 c. Is 10 kilograms or more, such person shall be sentenced
818 to a mandatory minimum term of imprisonment of 15 calendar years
819 and pay a fine of $500,000.
820 2. Any person who knowingly manufactures or brings into
821 this state 150 kilograms or more of 1,4-Butanediol as described
822 in s. 893.03(1)(d), or any mixture containing 1,4-Butanediol,
823 and who knows that the probable result of such manufacture or
824 importation would be the death of any person commits capital
825 manufacture or importation of 1,4-Butanediol, a capital felony
826 punishable as provided in ss. 775.082 and 921.142. Any person
827 sentenced for a capital felony under this paragraph shall also
828 be sentenced to pay the maximum fine provided under subparagraph
829 1.
830 (k)1. Any person who knowingly sells, purchases,
831 manufactures, delivers, or brings into this state, or who is
832 knowingly in actual or constructive possession of, 10 grams or
833 more of any of the following substances described in s.
834 893.03(1)(a) or (c):
835 a. 3,4-Methylenedioxymethamphetamine (MDMA);
836 b. 4-Bromo-2,5-dimethoxyamphetamine;
837 c. 4-Bromo-2,5-dimethoxyphenethylamine;
838 d. 2,5-Dimethoxyamphetamine;
839 e. 2,5-Dimethoxy-4-ethylamphetamine (DOET);
840 f. N-ethylamphetamine;
841 g. N-Hydroxy-3,4-methylenedioxyamphetamine;
842 h. 5-Methoxy-3,4-methylenedioxyamphetamine;
843 i. 4-methoxyamphetamine;
844 j. 4-methoxymethamphetamine;
845 k. 4-Methyl-2,5-dimethoxyamphetamine;
846 l. 3,4-Methylenedioxy-N-ethylamphetamine;
847 m. 3,4-Methylenedioxyamphetamine;
848 n. N,N-dimethylamphetamine; or
849 o. 3,4,5-Trimethoxyamphetamine,
850
851 individually or in any combination of or any mixture containing
852 any substance listed in sub-subparagraphs a.-o., commits a
853 felony of the first degree, which felony shall be known as
854 “trafficking in Phenethylamines,” punishable as provided in s.
855 775.082, s. 775.083, or s. 775.084.
856 2. If the quantity involved:
857 a. Is 10 grams or more but less than 200 grams, such person
858 shall be sentenced to a mandatory minimum term of imprisonment
859 of 3 years, and the defendant shall be ordered to pay a fine of
860 $50,000.
861 b. Is 200 grams or more, but less than 400 grams, such
862 person shall be sentenced to a mandatory minimum term of
863 imprisonment of 7 years, and the defendant shall be ordered to
864 pay a fine of $100,000.
865 c. Is 400 grams or more, such person shall be sentenced to
866 a mandatory minimum term of imprisonment of 15 calendar years
867 and pay a fine of $250,000.
868 3. Any person who knowingly manufactures or brings into
869 this state 30 kilograms or more of any of the following
870 substances described in s. 893.03(1)(a) or (c):
871 a. 3,4-Methylenedioxymethamphetamine (MDMA);
872 b. 4-Bromo-2,5-dimethoxyamphetamine;
873 c. 4-Bromo-2,5-dimethoxyphenethylamine;
874 d. 2,5-Dimethoxyamphetamine;
875 e. 2,5-Dimethoxy-4-ethylamphetamine (DOET);
876 f. N-ethylamphetamine;
877 g. N-Hydroxy-3,4-methylenedioxyamphetamine;
878 h. 5-Methoxy-3,4-methylenedioxyamphetamine;
879 i. 4-methoxyamphetamine;
880 j. 4-methoxymethamphetamine;
881 k. 4-Methyl-2,5-dimethoxyamphetamine;
882 l. 3,4-Methylenedioxy-N-ethylamphetamine;
883 m. 3,4-Methylenedioxyamphetamine;
884 n. N,N-dimethylamphetamine; or
885 o. 3,4,5-Trimethoxyamphetamine,
886
887 individually or in any combination of or any mixture containing
888 any substance listed in sub-subparagraphs a.-o., and who knows
889 that the probable result of such manufacture or importation
890 would be the death of any person commits capital manufacture or
891 importation of Phenethylamines, a capital felony punishable as
892 provided in ss. 775.082 and 921.142. Any person sentenced for a
893 capital felony under this paragraph shall also be sentenced to
894 pay the maximum fine provided under subparagraph 1.
895 (l)1. Any person who knowingly sells, purchases,
896 manufactures, delivers, or brings into this state, or who is
897 knowingly in actual or constructive possession of, 1 gram or
898 more of lysergic acid diethylamide (LSD) as described in s.
899 893.03(1)(c), or of any mixture containing lysergic acid
900 diethylamide (LSD), commits a felony of the first degree, which
901 felony shall be known as “trafficking in lysergic acid
902 diethylamide (LSD),” punishable as provided in s. 775.082, s.
903 775.083, or s. 775.084. If the quantity involved:
904 a. Is 1 gram or more, but less than 5 grams, such person
905 shall be sentenced to a mandatory minimum term of imprisonment
906 of 3 years, and the defendant shall be ordered to pay a fine of
907 $50,000.
908 b. Is 5 grams or more, but less than 7 grams, such person
909 shall be sentenced to a mandatory minimum term of imprisonment
910 of 7 years, and the defendant shall be ordered to pay a fine of
911 $100,000.
912 c. Is 7 grams or more, such person shall be sentenced to a
913 mandatory minimum term of imprisonment of 15 calendar years and
914 pay a fine of $500,000.
915 2. Any person who knowingly manufactures or brings into
916 this state 7 grams or more of lysergic acid diethylamide (LSD)
917 as described in s. 893.03(1)(c), or any mixture containing
918 lysergic acid diethylamide (LSD), and who knows that the
919 probable result of such manufacture or importation would be the
920 death of any person commits capital manufacture or importation
921 of lysergic acid diethylamide (LSD), a capital felony punishable
922 as provided in ss. 775.082 and 921.142. Any person sentenced for
923 a capital felony under this paragraph shall also be sentenced to
924 pay the maximum fine provided under subparagraph 1.
925 (3) Notwithstanding the provisions of s. 948.01, with
926 respect to any person who is found to have violated this
927 section, adjudication of guilt or imposition of sentence shall
928 not be suspended, deferred, or withheld, nor shall such person
929 be eligible for parole prior to serving the mandatory minimum
930 term of imprisonment prescribed by this section. A person
931 sentenced to a mandatory minimum term of imprisonment under this
932 section is not eligible for any form of discretionary early
933 release, except pardon or executive clemency or conditional
934 medical release under s. 947.149, prior to serving the mandatory
935 minimum term of imprisonment.
936 Section 11. This act shall take effect July 1, 2011.
