Bill Text: FL S7068 | 2016 | Regular Session | Comm Sub


Bill Title: Sentencing for Capital Felonies

Spectrum: Committee Bill

Status: (Introduced - Dead) 2016-03-02 - Laid on Table, companion bill(s) passed, see HB 7101 (Ch. 2016-13) [S7068 Detail]

Download: Florida-2016-S7068-Comm_Sub.html
       Florida Senate - 2016                             CS for SB 7068
       
       
        
       By the Committees on Appropriations; and Criminal Justice
       
       576-04206-16                                          20167068c1
    1                        A bill to be entitled                      
    2         An act relating to sentencing for capital felonies;
    3         amending s. 775.082, F.S.; conforming a provision to
    4         changes made by the act; amending s. 782.04, F.S.;
    5         requiring the prosecutor to give notice to the
    6         defendant and to file the notice with the court within
    7         a certain timeframe if the prosecutor intends to seek
    8         the death penalty; amending ss. 921.141 and 921.142,
    9         F.S.; requiring juries to determine the existence of
   10         aggravating factors, if any, in the penalty phase of
   11         capital cases; specifying a standard of proof for such
   12         factors; requiring unanimity for such findings;
   13         requiring a jury to make a recommendation to the court
   14         whether the defendant shall be sentenced to life
   15         imprisonment or death; specifying considerations for
   16         such a recommendation; requiring a certain
   17         determination by at least 10 jurors to support a
   18         recommendation of a sentence of death; requiring a
   19         sentence of life imprisonment without the possibility
   20         of parole in certain circumstances; requiring the
   21         court to enter an order meeting specified requirements
   22         in each case in which it imposes a death sentence;
   23         deleting provisions relating to advisory sentencing by
   24         juries and findings by the court in support of
   25         sentences of death; reenacting s. 794.011(2)(a), F.S.,
   26         relating to sexual battery, to incorporate the
   27         amendment made to s. 921.141, F.S., in a reference
   28         thereto; reenacting s. 893.135(1)(b) through (l),
   29         F.S., relating to trafficking in controlled
   30         substances, to incorporate the amendment made to s.
   31         921.142, F.S., in references thereto; providing an
   32         effective date.
   33          
   34  Be It Enacted by the Legislature of the State of Florida:
   35  
   36         Section 1. Paragraph (a) of subsection (1) of section
   37  775.082, Florida Statutes, is amended to read:
   38         775.082 Penalties; applicability of sentencing structures;
   39  mandatory minimum sentences for certain reoffenders previously
   40  released from prison.—
   41         (1)(a) Except as provided in paragraph (b), a person who
   42  has been convicted of a capital felony shall be punished by
   43  death if the proceeding held to determine sentence according to
   44  the procedure set forth in s. 921.141 results in a determination
   45  findings by the court that such person shall be punished by
   46  death, otherwise such person shall be punished by life
   47  imprisonment and shall be ineligible for parole.
   48         Section 2. Subsection (1) of section 782.04, Florida
   49  Statutes, is amended to read:
   50         782.04 Murder.—
   51         (1)(a) The unlawful killing of a human being:
   52         1. When perpetrated from a premeditated design to effect
   53  the death of the person killed or any human being;
   54         2. When committed by a person engaged in the perpetration
   55  of, or in the attempt to perpetrate, any:
   56         a. Trafficking offense prohibited by s. 893.135(1),
   57         b. Arson,
   58         c. Sexual battery,
   59         d. Robbery,
   60         e. Burglary,
   61         f. Kidnapping,
   62         g. Escape,
   63         h. Aggravated child abuse,
   64         i. Aggravated abuse of an elderly person or disabled adult,
   65         j. Aircraft piracy,
   66         k. Unlawful throwing, placing, or discharging of a
   67  destructive device or bomb,
   68         l. Carjacking,
   69         m. Home-invasion robbery,
   70         n. Aggravated stalking,
   71         o. Murder of another human being,
   72         p. Resisting an officer with violence to his or her person,
   73         q. Aggravated fleeing or eluding with serious bodily injury
   74  or death,
   75         r. Felony that is an act of terrorism or is in furtherance
   76  of an act of terrorism; or
   77         3. Which resulted from the unlawful distribution of any
   78  substance controlled under s. 893.03(1), cocaine as described in
   79  s. 893.03(2)(a)4., opium or any synthetic or natural salt,
   80  compound, derivative, or preparation of opium, or methadone by a
   81  person 18 years of age or older, when such drug is proven to be
   82  the proximate cause of the death of the user,
   83  
   84  is murder in the first degree and constitutes a capital felony,
   85  punishable as provided in s. 775.082.
   86         (b) In all cases under this section, the procedure set
   87  forth in s. 921.141 shall be followed in order to determine
   88  sentence of death or life imprisonment. If the prosecutor
   89  intends to seek the death penalty, the prosecutor must give
   90  notice to the defendant and file the notice with the court
   91  within 45 days after arraignment. The notice must contain a list
   92  of the aggravating factors the state intends to prove and has
   93  reason to believe it can prove beyond a reasonable doubt. The
   94  court may allow the prosecutor to amend the notice upon a
   95  showing of good cause.
   96         Section 3. Section 921.141, Florida Statutes, is amended to
   97  read:
   98         921.141 Sentence of death or life imprisonment for capital
   99  felonies; further proceedings to determine sentence.—
  100         (1) SEPARATE PROCEEDINGS ON ISSUE OF PENALTY.—Upon
  101  conviction or adjudication of guilt of a defendant of a capital
  102  felony, the court shall conduct a separate sentencing proceeding
  103  to determine whether the defendant should be sentenced to death
  104  or life imprisonment as authorized by s. 775.082. The proceeding
  105  shall be conducted by the trial judge before the trial jury as
  106  soon as practicable. If, through impossibility or inability, the
  107  trial jury is unable to reconvene for a hearing on the issue of
  108  penalty, having determined the guilt of the accused, the trial
  109  judge may summon a special juror or jurors as provided in
  110  chapter 913 to determine the issue of the imposition of the
  111  penalty. If the trial jury has been waived, or if the defendant
  112  pleaded guilty, the sentencing proceeding shall be conducted
  113  before a jury impaneled for that purpose, unless waived by the
  114  defendant. In the proceeding, evidence may be presented as to
  115  any matter that the court deems relevant to the nature of the
  116  crime and the character of the defendant and shall include
  117  matters relating to any of the aggravating factors enumerated in
  118  subsection (6) and for which notice has been provided pursuant
  119  to s. 782.04(1)(b) or mitigating circumstances enumerated in
  120  subsection (7) subsections (5) and (6). Any such evidence that
  121  which the court deems to have probative value may be received,
  122  regardless of its admissibility under the exclusionary rules of
  123  evidence, provided the defendant is accorded a fair opportunity
  124  to rebut any hearsay statements. However, this subsection shall
  125  not be construed to authorize the introduction of any evidence
  126  secured in violation of the Constitution of the United States or
  127  the Constitution of the State of Florida. The state and the
  128  defendant or the defendant’s counsel shall be permitted to
  129  present argument for or against sentence of death.
  130         (2)FINDINGS AND RECOMMENDED SENTENCE BY THE JURY.—This
  131  subsection applies only if the defendant has not waived his or
  132  her right to a sentencing proceeding by a jury.
  133         (a)After hearing all of the evidence presented regarding
  134  aggravating factors and mitigating circumstances, the jury shall
  135  deliberate and determine if the state has proven, beyond a
  136  reasonable doubt, the existence of at least one aggravating
  137  factor set forth in subsection (6).
  138         (b)The jury shall return findings identifying each
  139  aggravating factor found to exist. A finding that an aggravating
  140  factor exists must be unanimous. If the jury:
  141         1. Does not unanimously find at least one aggravating
  142  factor, the defendant is ineligible for a sentence of death.
  143         2. Unanimously finds at least one aggravating factor, the
  144  defendant is eligible for a sentence of death and the jury shall
  145  make a recommendation to the court as to whether the defendant
  146  shall be sentenced to life imprisonment without the possibility
  147  of parole or to death. The recommendation shall be based on a
  148  weighing of all of the following:
  149         a.Whether sufficient aggravating factors exist.
  150         b.Whether aggravating factors exist which outweigh the
  151  mitigating circumstances found to exist.
  152         c.Based on the considerations in sub-subparagraphs a. and
  153  b., whether the defendant should be sentenced to life
  154  imprisonment without the possibility of parole or to death.
  155         (c)If at least 10 jurors determine that the defendant
  156  should be sentenced to death, the jury’s recommendation to the
  157  court shall be a sentence of death. If fewer than 10 jurors
  158  determine that the defendant should be sentenced to death, the
  159  jury’s recommendation to the court shall be a sentence of life
  160  imprisonment without the possibility of parole.
  161         (3)IMPOSITION OF SENTENCE OF LIFE IMPRISONMENT OR DEATH.—
  162         (a)If the jury has recommended a sentence of:
  163         1.Life imprisonment without the possibility of parole, the
  164  court shall impose the recommended sentence.
  165         2.Death, the court, after considering each aggravating
  166  factor found by the jury and all mitigating circumstances, may
  167  impose a sentence of life imprisonment without the possibility
  168  of parole or a sentence of death. The court may consider only an
  169  aggravating factor that was unanimously found to exist by the
  170  jury.
  171         (b)If the defendant waived his or her right to a
  172  sentencing proceeding by a jury, the court, after considering
  173  all aggravating factors and mitigating circumstances, may impose
  174  a sentence of life imprisonment without the possibility of
  175  parole or a sentence of death. The court may impose a sentence
  176  of death only if the court finds that at least one aggravating
  177  factor has been proven to exist beyond a reasonable doubt.
  178         (4)ORDER OF THE COURT IN SUPPORT OF SENTENCE OF DEATH.—In
  179  each case in which the court imposes a sentence of death, the
  180  court shall, considering the records of the trial and the
  181  sentencing proceedings, enter a written order addressing the
  182  aggravating factors set forth in subsection (6) found to exist,
  183  the mitigating circumstances in subsection (7) reasonably
  184  established by the evidence, whether there are sufficient
  185  aggravating factors to warrant the death penalty, and whether
  186  the aggravating factors outweigh the mitigating circumstances
  187  reasonably established by the evidence. If the court does not
  188  issue its order requiring the death sentence within 30 days
  189  after the rendition of the judgment and sentence, the court
  190  shall impose a sentence of life imprisonment without the
  191  possibility of parole in accordance with s. 775.082.
  192         (2)ADVISORY SENTENCE BY THE JURY.—After hearing all the
  193  evidence, the jury shall deliberate and render an advisory
  194  sentence to the court, based upon the following matters:
  195         (a)Whether sufficient aggravating circumstances exist as
  196  enumerated in subsection (5);
  197         (b)Whether sufficient mitigating circumstances exist which
  198  outweigh the aggravating circumstances found to exist; and
  199         (c)Based on these considerations, whether the defendant
  200  should be sentenced to life imprisonment or death.
  201         (3)FINDINGS IN SUPPORT OF SENTENCE OF DEATH.
  202  Notwithstanding the recommendation of a majority of the jury,
  203  the court, after weighing the aggravating and mitigating
  204  circumstances, shall enter a sentence of life imprisonment or
  205  death, but if the court imposes a sentence of death, it shall
  206  set forth in writing its findings upon which the sentence of
  207  death is based as to the facts:
  208         (a)That sufficient aggravating circumstances exist as
  209  enumerated in subsection (5), and
  210         (b)That there are insufficient mitigating circumstances to
  211  outweigh the aggravating circumstances.
  212  
  213  In each case in which the court imposes the death sentence, the
  214  determination of the court shall be supported by specific
  215  written findings of fact based upon the circumstances in
  216  subsections (5) and (6) and upon the records of the trial and
  217  the sentencing proceedings. If the court does not make the
  218  findings requiring the death sentence within 30 days after the
  219  rendition of the judgment and sentence, the court shall impose
  220  sentence of life imprisonment in accordance with s. 775.082.
  221         (5)(4) REVIEW OF JUDGMENT AND SENTENCE.—The judgment of
  222  conviction and sentence of death shall be subject to automatic
  223  review by the Supreme Court of Florida and disposition rendered
  224  within 2 years after the filing of a notice of appeal. Such
  225  review by the Supreme Court shall have priority over all other
  226  cases and shall be heard in accordance with rules adopted
  227  promulgated by the Supreme Court.
  228         (6)(5) AGGRAVATING FACTORS CIRCUMSTANCES.—Aggravating
  229  factors circumstances shall be limited to the following:
  230         (a) The capital felony was committed by a person previously
  231  convicted of a felony and under sentence of imprisonment or
  232  placed on community control or on felony probation.
  233         (b) The defendant was previously convicted of another
  234  capital felony or of a felony involving the use or threat of
  235  violence to the person.
  236         (c) The defendant knowingly created a great risk of death
  237  to many persons.
  238         (d) The capital felony was committed while the defendant
  239  was engaged, or was an accomplice, in the commission of, or an
  240  attempt to commit, or flight after committing or attempting to
  241  commit, any: robbery; sexual battery; aggravated child abuse;
  242  abuse of an elderly person or disabled adult resulting in great
  243  bodily harm, permanent disability, or permanent disfigurement;
  244  arson; burglary; kidnapping; aircraft piracy; or unlawful
  245  throwing, placing, or discharging of a destructive device or
  246  bomb.
  247         (e) The capital felony was committed for the purpose of
  248  avoiding or preventing a lawful arrest or effecting an escape
  249  from custody.
  250         (f) The capital felony was committed for pecuniary gain.
  251         (g) The capital felony was committed to disrupt or hinder
  252  the lawful exercise of any governmental function or the
  253  enforcement of laws.
  254         (h) The capital felony was especially heinous, atrocious,
  255  or cruel.
  256         (i) The capital felony was a homicide and was committed in
  257  a cold, calculated, and premeditated manner without any pretense
  258  of moral or legal justification.
  259         (j) The victim of the capital felony was a law enforcement
  260  officer engaged in the performance of his or her official
  261  duties.
  262         (k) The victim of the capital felony was an elected or
  263  appointed public official engaged in the performance of his or
  264  her official duties if the motive for the capital felony was
  265  related, in whole or in part, to the victim’s official capacity.
  266         (l) The victim of the capital felony was a person less than
  267  12 years of age.
  268         (m) The victim of the capital felony was particularly
  269  vulnerable due to advanced age or disability, or because the
  270  defendant stood in a position of familial or custodial authority
  271  over the victim.
  272         (n) The capital felony was committed by a criminal gang
  273  member, as defined in s. 874.03.
  274         (o) The capital felony was committed by a person designated
  275  as a sexual predator pursuant to s. 775.21 or a person
  276  previously designated as a sexual predator who had the sexual
  277  predator designation removed.
  278         (p) The capital felony was committed by a person subject to
  279  an injunction issued pursuant to s. 741.30 or s. 784.046, or a
  280  foreign protection order accorded full faith and credit pursuant
  281  to s. 741.315, and was committed against the petitioner who
  282  obtained the injunction or protection order or any spouse,
  283  child, sibling, or parent of the petitioner.
  284         (7)(6) MITIGATING CIRCUMSTANCES.—Mitigating circumstances
  285  shall be the following:
  286         (a) The defendant has no significant history of prior
  287  criminal activity.
  288         (b) The capital felony was committed while the defendant
  289  was under the influence of extreme mental or emotional
  290  disturbance.
  291         (c) The victim was a participant in the defendant’s conduct
  292  or consented to the act.
  293         (d) The defendant was an accomplice in the capital felony
  294  committed by another person and his or her participation was
  295  relatively minor.
  296         (e) The defendant acted under extreme duress or under the
  297  substantial domination of another person.
  298         (f) The capacity of the defendant to appreciate the
  299  criminality of his or her conduct or to conform his or her
  300  conduct to the requirements of law was substantially impaired.
  301         (g) The age of the defendant at the time of the crime.
  302         (h) The existence of any other factors in the defendant’s
  303  background that would mitigate against imposition of the death
  304  penalty.
  305         (8)(7) VICTIM IMPACT EVIDENCE.—Once the prosecution has
  306  provided evidence of the existence of one or more aggravating
  307  factors circumstances as described in subsection (6) (5), the
  308  prosecution may introduce, and subsequently argue, victim impact
  309  evidence to the jury. Such evidence shall be designed to
  310  demonstrate the victim’s uniqueness as an individual human being
  311  and the resultant loss to the community’s members by the
  312  victim’s death. Characterizations and opinions about the crime,
  313  the defendant, and the appropriate sentence shall not be
  314  permitted as a part of victim impact evidence.
  315         (9)(8) APPLICABILITY.—This section does not apply to a
  316  person convicted or adjudicated guilty of a capital drug
  317  trafficking felony under s. 893.135.
  318         Section 4. Section 921.142, Florida Statutes, is amended to
  319  read:
  320         921.142 Sentence of death or life imprisonment for capital
  321  drug trafficking felonies; further proceedings to determine
  322  sentence.—
  323         (1) FINDINGS.—The Legislature finds that trafficking in
  324  cocaine or opiates carries a grave risk of death or danger to
  325  the public; that a reckless disregard for human life is implicit
  326  in knowingly trafficking in cocaine or opiates; and that persons
  327  who traffic in cocaine or opiates may be determined by the trier
  328  of fact to have a culpable mental state of reckless indifference
  329  or disregard for human life.
  330         (2) SEPARATE PROCEEDINGS ON ISSUE OF PENALTY.—Upon
  331  conviction or adjudication of guilt of a defendant of a capital
  332  felony under s. 893.135, the court shall conduct a separate
  333  sentencing proceeding to determine whether the defendant should
  334  be sentenced to death or life imprisonment as authorized by s.
  335  775.082. The proceeding shall be conducted by the trial judge
  336  before the trial jury as soon as practicable. If, through
  337  impossibility or inability, the trial jury is unable to
  338  reconvene for a hearing on the issue of penalty, having
  339  determined the guilt of the accused, the trial judge may summon
  340  a special juror or jurors as provided in chapter 913 to
  341  determine the issue of the imposition of the penalty. If the
  342  trial jury has been waived, or if the defendant pleaded guilty,
  343  the sentencing proceeding shall be conducted before a jury
  344  impaneled for that purpose, unless waived by the defendant. In
  345  the proceeding, evidence may be presented as to any matter that
  346  the court deems relevant to the nature of the crime and the
  347  character of the defendant and shall include matters relating to
  348  any of the aggravating factors enumerated in subsection (7) and
  349  for which notice has been provided pursuant to s. 782.04(1)(b)
  350  or mitigating circumstances enumerated in subsection (8)
  351  subsections (6) and (7). Any such evidence that which the court
  352  deems to have probative value may be received, regardless of its
  353  admissibility under the exclusionary rules of evidence, provided
  354  the defendant is accorded a fair opportunity to rebut any
  355  hearsay statements. However, this subsection shall not be
  356  construed to authorize the introduction of any evidence secured
  357  in violation of the Constitution of the United States or the
  358  Constitution of the State of Florida. The state and the
  359  defendant or the defendant’s counsel shall be permitted to
  360  present argument for or against sentence of death.
  361         (3)FINDINGS AND RECOMMENDED SENTENCE BY THE JURY.—This
  362  subsection applies only if the defendant has not waived his or
  363  her right to a sentencing proceeding by a jury.
  364         (a)After hearing all of the evidence presented regarding
  365  aggravating factors and mitigating circumstances, the jury shall
  366  deliberate and determine if the state has proven, beyond a
  367  reasonable doubt, the existence of at least one aggravating
  368  factor set forth in subsection (7).
  369         (b)The jury shall return findings identifying each
  370  aggravating factor found to exist. A finding that an aggravating
  371  factor exists must be unanimous. If the jury:
  372         1. Does not unanimously find at least one aggravating
  373  factor, the defendant is ineligible for a sentence of death.
  374         2. Unanimously finds at least one aggravating factor, the
  375  defendant is eligible for a sentence of death and the jury shall
  376  make a recommendation to the court as to whether the defendant
  377  shall be sentenced to life imprisonment without the possibility
  378  of parole or to death. The recommendation shall be based on a
  379  weighing of all of the following:
  380         a.Whether sufficient aggravating factors exist.
  381         b.Whether aggravating factors exist which outweigh the
  382  mitigating circumstances found to exist.
  383         c.Based on the considerations in sub-subparagraphs a. and
  384  b., whether the defendant should be sentenced to life
  385  imprisonment without the possibility of parole or to death.
  386         (c)If at least 10 jurors determine that the defendant
  387  should be sentenced to death, the jury’s recommendation to the
  388  court shall be a sentence of death. If fewer than 10 jurors
  389  determine that the defendant should be sentenced to death, the
  390  jury’s recommendation to the court shall be a sentence of life
  391  imprisonment without the possibility of parole.
  392         (4)IMPOSITION OF SENTENCE OF LIFE IMPRISONMENT OR DEATH.—
  393         (a)If the jury has recommended a sentence of:
  394         1.Life imprisonment without the possibility of parole, the
  395  court shall impose the recommended sentence.
  396         2.Death, the court, after considering each aggravating
  397  factor found by the jury and all mitigating circumstances, may
  398  impose a sentence of life imprisonment without the possibility
  399  of parole or a sentence of death. The court may consider only an
  400  aggravating factor that was unanimously found to exist by the
  401  jury.
  402         (b)If the defendant waived his or her right to a
  403  sentencing proceeding by a jury, the court, after considering
  404  all aggravating factors and mitigating circumstances, may impose
  405  a sentence of life imprisonment without the possibility of
  406  parole or a sentence of death. The court may impose a sentence
  407  of death only if the court finds at least one aggravating factor
  408  has been proven to exist beyond a reasonable doubt.
  409         (5)ORDER OF THE COURT IN SUPPORT OF SENTENCE OF DEATH.—In
  410  each case in which the court imposes a death sentence, the court
  411  shall, considering the records of the trial and the sentencing
  412  proceedings, enter a written order addressing the aggravating
  413  factors set forth in subsection (7) found to exist, the
  414  mitigating circumstances in subsection (8) reasonably
  415  established by the evidence, whether there are sufficient
  416  aggravating factors to warrant the death penalty, and whether
  417  the aggravating factors outweigh the mitigating circumstances
  418  reasonably established by the evidence. If the court does not
  419  issue its order requiring the death sentence within 30 days
  420  after the rendition of the judgment and sentence, the court
  421  shall impose a sentence of life imprisonment without the
  422  possibility of parole in accordance with s. 775.082.
  423         (3)ADVISORY SENTENCE BY THE JURY.—After hearing all the
  424  evidence, the jury shall deliberate and render an advisory
  425  sentence to the court, based upon the following matters:
  426         (a)Whether sufficient aggravatingcircumstances exist as
  427  enumerated in subsection (6);
  428         (b)Whether sufficient mitigating circumstances exist which
  429  outweigh the aggravating circumstances found to exist; and
  430         (c)Based on these considerations, whether the defendant
  431  should be sentenced to life imprisonment or death.
  432         (4)FINDINGS IN SUPPORT OF SENTENCE OF DEATH.
  433  Notwithstanding the recommendation of a majority of the jury,
  434  the court, after weighing the aggravating and mitigating
  435  circumstances, shall enter a sentence of life imprisonment or
  436  death, but if the court imposes a sentence of death, it shall
  437  set forth in writing its findings upon which the sentence of
  438  death is based as to the facts:
  439         (a)That sufficient aggravating circumstances exist as
  440  enumerated in subsection (6), and
  441         (b)That there are insufficient mitigating circumstances to
  442  outweigh the aggravating circumstances.
  443  
  444  In each case in which the court imposes the death sentence, the
  445  determination of the court shall be supported by specific
  446  written findings of fact based upon the circumstances in
  447  subsections (6) and (7) and upon the records of the trial and
  448  the sentencing proceedings. If the court does not make the
  449  findings requiring the death sentence within 30 days after the
  450  rendition of the judgment and sentence, the court shall impose
  451  sentence of life imprisonment in accordance with s. 775.082, and
  452  that person shall be ineligible for parole.
  453         (6)(5) REVIEW OF JUDGMENT AND SENTENCE.—The judgment of
  454  conviction and sentence of death shall be subject to automatic
  455  review and disposition rendered by the Supreme Court of Florida
  456  within 2 years after the filing of a notice of appeal. Such
  457  review by the Supreme Court shall have priority over all other
  458  cases and shall be heard in accordance with rules promulgated by
  459  the Supreme Court.
  460         (7)(6) AGGRAVATING FACTORS CIRCUMSTANCES.—Aggravating
  461  factors circumstances shall be limited to the following:
  462         (a) The capital felony was committed by a person under a
  463  sentence of imprisonment.
  464         (b) The defendant was previously convicted of another
  465  capital felony or of a state or federal offense involving the
  466  distribution of a controlled substance which that is punishable
  467  by a sentence of at least 1 year of imprisonment.
  468         (c) The defendant knowingly created grave risk of death to
  469  one or more persons such that participation in the offense
  470  constituted reckless indifference or disregard for human life.
  471         (d) The defendant used a firearm or knowingly directed,
  472  advised, authorized, or assisted another to use a firearm to
  473  threaten, intimidate, assault, or injure a person in committing
  474  the offense or in furtherance of the offense.
  475         (e) The offense involved the distribution of controlled
  476  substances to persons under the age of 18 years, the
  477  distribution of controlled substances within school zones, or
  478  the use or employment of persons under the age of 18 years in
  479  aid of distribution of controlled substances.
  480         (f) The offense involved distribution of controlled
  481  substances known to contain a potentially lethal adulterant.
  482         (g) The defendant:
  483         1. Intentionally killed the victim;
  484         2. Intentionally inflicted serious bodily injury that which
  485  resulted in the death of the victim; or
  486         3. Intentionally engaged in conduct intending that the
  487  victim be killed or that lethal force be employed against the
  488  victim, which resulted in the death of the victim.
  489         (h) The defendant committed the offense as consideration
  490  for the receipt, or in the expectation of the receipt, of
  491  anything of pecuniary value.
  492         (i) The defendant committed the offense after planning and
  493  premeditation.
  494         (j) The defendant committed the offense in a heinous,
  495  cruel, or depraved manner in that the offense involved torture
  496  or serious physical abuse to the victim.
  497         (8)(7) MITIGATING CIRCUMSTANCES.—Mitigating circumstances
  498  shall include the following:
  499         (a) The defendant has no significant history of prior
  500  criminal activity.
  501         (b) The capital felony was committed while the defendant
  502  was under the influence of extreme mental or emotional
  503  disturbance.
  504         (c) The defendant was an accomplice in the capital felony
  505  committed by another person, and the defendant’s participation
  506  was relatively minor.
  507         (d) The defendant was under extreme duress or under the
  508  substantial domination of another person.
  509         (e) The capacity of the defendant to appreciate the
  510  criminality of her or his conduct or to conform her or his
  511  conduct to the requirements of law was substantially impaired.
  512         (f) The age of the defendant at the time of the offense.
  513         (g) The defendant could not have reasonably foreseen that
  514  her or his conduct in the course of the commission of the
  515  offense would cause or would create a grave risk of death to one
  516  or more persons.
  517         (h) The existence of any other factors in the defendant’s
  518  background that would mitigate against imposition of the death
  519  penalty.
  520         (9)(8) VICTIM IMPACT EVIDENCE.—Once the prosecution has
  521  provided evidence of the existence of one or more aggravating
  522  factors circumstances as described in subsection (7) (6), the
  523  prosecution may introduce, and subsequently argue, victim impact
  524  evidence. Such evidence shall be designed to demonstrate the
  525  victim’s uniqueness as an individual human being and the
  526  resultant loss to the community’s members by the victim’s death.
  527  Characterizations and opinions about the crime, the defendant,
  528  and the appropriate sentence shall not be permitted as a part of
  529  victim impact evidence.
  530         Section 5. For the purpose of incorporating the amendment
  531  made by this act to section 921.141, Florida Statutes, in a
  532  reference thereto, paragraph (a) of subsection (2) of section
  533  794.011, Florida Statutes, is reenacted to read:
  534         794.011 Sexual battery.—
  535         (2)(a) A person 18 years of age or older who commits sexual
  536  battery upon, or in an attempt to commit sexual battery injures
  537  the sexual organs of, a person less than 12 years of age commits
  538  a capital felony, punishable as provided in ss. 775.082 and
  539  921.141.
  540         Section 6. For the purpose of incorporating the amendment
  541  made by this act to section 921.142, Florida Statutes, in
  542  references thereto, paragraphs (b) through (l) of subsection (1)
  543  of section 893.135, Florida Statutes, are reenacted to read:
  544         893.135 Trafficking; mandatory sentences; suspension or
  545  reduction of sentences; conspiracy to engage in trafficking.—
  546         (1) Except as authorized in this chapter or in chapter 499
  547  and notwithstanding the provisions of s. 893.13:
  548         (b)1. Any person who knowingly sells, purchases,
  549  manufactures, delivers, or brings into this state, or who is
  550  knowingly in actual or constructive possession of, 28 grams or
  551  more of cocaine, as described in s. 893.03(2)(a)4., or of any
  552  mixture containing cocaine, but less than 150 kilograms of
  553  cocaine or any such mixture, commits a felony of the first
  554  degree, which felony shall be known as “trafficking in cocaine,”
  555  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  556  If the quantity involved:
  557         a. Is 28 grams or more, but less than 200 grams, such
  558  person shall be sentenced to a mandatory minimum term of
  559  imprisonment of 3 years, and the defendant shall be ordered to
  560  pay a fine of $50,000.
  561         b. Is 200 grams or more, but less than 400 grams, such
  562  person shall be sentenced to a mandatory minimum term of
  563  imprisonment of 7 years, and the defendant shall be ordered to
  564  pay a fine of $100,000.
  565         c. Is 400 grams or more, but less than 150 kilograms, such
  566  person shall be sentenced to a mandatory minimum term of
  567  imprisonment of 15 calendar years and pay a fine of $250,000.
  568         2. Any person who knowingly sells, purchases, manufactures,
  569  delivers, or brings into this state, or who is knowingly in
  570  actual or constructive possession of, 150 kilograms or more of
  571  cocaine, as described in s. 893.03(2)(a)4., commits the first
  572  degree felony of trafficking in cocaine. A person who has been
  573  convicted of the first degree felony of trafficking in cocaine
  574  under this subparagraph shall be punished by life imprisonment
  575  and is ineligible for any form of discretionary early release
  576  except pardon or executive clemency or conditional medical
  577  release under s. 947.149. However, if the court determines that,
  578  in addition to committing any act specified in this paragraph:
  579         a. The person intentionally killed an individual or
  580  counseled, commanded, induced, procured, or caused the
  581  intentional killing of an individual and such killing was the
  582  result; or
  583         b. The person’s conduct in committing that act led to a
  584  natural, though not inevitable, lethal result,
  585  
  586  such person commits the capital felony of trafficking in
  587  cocaine, punishable as provided in ss. 775.082 and 921.142. Any
  588  person sentenced for a capital felony under this paragraph shall
  589  also be sentenced to pay the maximum fine provided under
  590  subparagraph 1.
  591         3. Any person who knowingly brings into this state 300
  592  kilograms or more of cocaine, as described in s. 893.03(2)(a)4.,
  593  and who knows that the probable result of such importation would
  594  be the death of any person, commits capital importation of
  595  cocaine, a capital felony punishable as provided in ss. 775.082
  596  and 921.142. Any person sentenced for a capital felony under
  597  this paragraph shall also be sentenced to pay the maximum fine
  598  provided under subparagraph 1.
  599         (c)1. A person who knowingly sells, purchases,
  600  manufactures, delivers, or brings into this state, or who is
  601  knowingly in actual or constructive possession of, 4 grams or
  602  more of any morphine, opium, hydromorphone, or any salt,
  603  derivative, isomer, or salt of an isomer thereof, including
  604  heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or
  605  (3)(c)4., or 4 grams or more of any mixture containing any such
  606  substance, but less than 30 kilograms of such substance or
  607  mixture, commits a felony of the first degree, which felony
  608  shall be known as “trafficking in illegal drugs,” punishable as
  609  provided in s. 775.082, s. 775.083, or s. 775.084. If the
  610  quantity involved:
  611         a. Is 4 grams or more, but less than 14 grams, such person
  612  shall be sentenced to a mandatory minimum term of imprisonment
  613  of 3 years and shall be ordered to pay a fine of $50,000.
  614         b. Is 14 grams or more, but less than 28 grams, such person
  615  shall be sentenced to a mandatory minimum term of imprisonment
  616  of 15 years and shall be ordered to pay a fine of $100,000.
  617         c. Is 28 grams or more, but less than 30 kilograms, such
  618  person shall be sentenced to a mandatory minimum term of
  619  imprisonment of 25 years and shall be ordered to pay a fine of
  620  $500,000.
  621         2. A person who knowingly sells, purchases, manufactures,
  622  delivers, or brings into this state, or who is knowingly in
  623  actual or constructive possession of, 14 grams or more of
  624  hydrocodone, or any salt, derivative, isomer, or salt of an
  625  isomer thereof, or 14 grams or more of any mixture containing
  626  any such substance, commits a felony of the first degree, which
  627  felony shall be known as “trafficking in hydrocodone,”
  628  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  629  If the quantity involved:
  630         a. Is 14 grams or more, but less than 28 grams, such person
  631  shall be sentenced to a mandatory minimum term of imprisonment
  632  of 3 years and shall be ordered to pay a fine of $50,000.
  633         b. Is 28 grams or more, but less than 50 grams, such person
  634  shall be sentenced to a mandatory minimum term of imprisonment
  635  of 7 years and shall be ordered to pay a fine of $100,000.
  636         c. Is 50 grams or more, but less than 200 grams, such
  637  person shall be sentenced to a mandatory minimum term of
  638  imprisonment of 15 years and shall be ordered to pay a fine of
  639  $500,000.
  640         d. Is 200 grams or more, but less than 30 kilograms, such
  641  person shall be sentenced to a mandatory minimum term of
  642  imprisonment of 25 years and shall be ordered to pay a fine of
  643  $750,000.
  644         3. A person who knowingly sells, purchases, manufactures,
  645  delivers, or brings into this state, or who is knowingly in
  646  actual or constructive possession of, 7 grams or more of
  647  oxycodone, or any salt, derivative, isomer, or salt of an isomer
  648  thereof, or 7 grams or more of any mixture containing any such
  649  substance, commits a felony of the first degree, which felony
  650  shall be known as “trafficking in oxycodone,” punishable as
  651  provided in s. 775.082, s. 775.083, or s. 775.084. If the
  652  quantity involved:
  653         a. Is 7 grams or more, but less than 14 grams, such person
  654  shall be sentenced to a mandatory minimum term of imprisonment
  655  of 3 years and shall be ordered to pay a fine of $50,000.
  656         b. Is 14 grams or more, but less than 25 grams, such person
  657  shall be sentenced to a mandatory minimum term of imprisonment
  658  of 7 years and shall be ordered to pay a fine of $100,000.
  659         c. Is 25 grams or more, but less than 100 grams, such
  660  person shall be sentenced to a mandatory minimum term of
  661  imprisonment of 15 years and shall be ordered to pay a fine of
  662  $500,000.
  663         d. Is 100 grams or more, but less than 30 kilograms, such
  664  person shall be sentenced to a mandatory minimum term of
  665  imprisonment of 25 years and shall be ordered to pay a fine of
  666  $750,000.
  667         4. A person who knowingly sells, purchases, manufactures,
  668  delivers, or brings into this state, or who is knowingly in
  669  actual or constructive possession of, 30 kilograms or more of
  670  any morphine, opium, oxycodone, hydrocodone, hydromorphone, or
  671  any salt, derivative, isomer, or salt of an isomer thereof,
  672  including heroin, as described in s. 893.03(1)(b), (2)(a),
  673  (3)(c)3., or (3)(c)4., or 30 kilograms or more of any mixture
  674  containing any such substance, commits the first degree felony
  675  of trafficking in illegal drugs. A person who has been convicted
  676  of the first degree felony of trafficking in illegal drugs under
  677  this subparagraph shall be punished by life imprisonment and is
  678  ineligible for any form of discretionary early release except
  679  pardon or executive clemency or conditional medical release
  680  under s. 947.149. However, if the court determines that, in
  681  addition to committing any act specified in this paragraph:
  682         a. The person intentionally killed an individual or
  683  counseled, commanded, induced, procured, or caused the
  684  intentional killing of an individual and such killing was the
  685  result; or
  686         b. The person’s conduct in committing that act led to a
  687  natural, though not inevitable, lethal result,
  688  
  689  such person commits the capital felony of trafficking in illegal
  690  drugs, punishable as provided in ss. 775.082 and 921.142. A
  691  person sentenced for a capital felony under this paragraph shall
  692  also be sentenced to pay the maximum fine provided under
  693  subparagraph 1.
  694         5. A person who knowingly brings into this state 60
  695  kilograms or more of any morphine, opium, oxycodone,
  696  hydrocodone, hydromorphone, or any salt, derivative, isomer, or
  697  salt of an isomer thereof, including heroin, as described in s.
  698  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 60 kilograms or
  699  more of any mixture containing any such substance, and who knows
  700  that the probable result of such importation would be the death
  701  of a person, commits capital importation of illegal drugs, a
  702  capital felony punishable as provided in ss. 775.082 and
  703  921.142. A person sentenced for a capital felony under this
  704  paragraph shall also be sentenced to pay the maximum fine
  705  provided under subparagraph 1.
  706         (d)1. Any person who knowingly sells, purchases,
  707  manufactures, delivers, or brings into this state, or who is
  708  knowingly in actual or constructive possession of, 28 grams or
  709  more of phencyclidine or of any mixture containing
  710  phencyclidine, as described in s. 893.03(2)(b), commits a felony
  711  of the first degree, which felony shall be known as “trafficking
  712  in phencyclidine,” punishable as provided in s. 775.082, s.
  713  775.083, or s. 775.084. If the quantity involved:
  714         a. Is 28 grams or more, but less than 200 grams, such
  715  person shall be sentenced to a mandatory minimum term of
  716  imprisonment of 3 years, and the defendant shall be ordered to
  717  pay a fine of $50,000.
  718         b. Is 200 grams or more, but less than 400 grams, such
  719  person shall be sentenced to a mandatory minimum term of
  720  imprisonment of 7 years, and the defendant shall be ordered to
  721  pay a fine of $100,000.
  722         c. Is 400 grams or more, such person shall be sentenced to
  723  a mandatory minimum term of imprisonment of 15 calendar years
  724  and pay a fine of $250,000.
  725         2. Any person who knowingly brings into this state 800
  726  grams or more of phencyclidine or of any mixture containing
  727  phencyclidine, as described in s. 893.03(2)(b), and who knows
  728  that the probable result of such importation would be the death
  729  of any person commits capital importation of phencyclidine, a
  730  capital felony punishable as provided in ss. 775.082 and
  731  921.142. Any person sentenced for a capital felony under this
  732  paragraph shall also be sentenced to pay the maximum fine
  733  provided under subparagraph 1.
  734         (e)1. Any person who knowingly sells, purchases,
  735  manufactures, delivers, or brings into this state, or who is
  736  knowingly in actual or constructive possession of, 200 grams or
  737  more of methaqualone or of any mixture containing methaqualone,
  738  as described in s. 893.03(1)(d), commits a felony of the first
  739  degree, which felony shall be known as “trafficking in
  740  methaqualone,” punishable as provided in s. 775.082, s. 775.083,
  741  or s. 775.084. If the quantity involved:
  742         a. Is 200 grams or more, but less than 5 kilograms, such
  743  person shall be sentenced to a mandatory minimum term of
  744  imprisonment of 3 years, and the defendant shall be ordered to
  745  pay a fine of $50,000.
  746         b. Is 5 kilograms or more, but less than 25 kilograms, such
  747  person shall be sentenced to a mandatory minimum term of
  748  imprisonment of 7 years, and the defendant shall be ordered to
  749  pay a fine of $100,000.
  750         c. Is 25 kilograms or more, such person shall be sentenced
  751  to a mandatory minimum term of imprisonment of 15 calendar years
  752  and pay a fine of $250,000.
  753         2. Any person who knowingly brings into this state 50
  754  kilograms or more of methaqualone or of any mixture containing
  755  methaqualone, as described in s. 893.03(1)(d), and who knows
  756  that the probable result of such importation would be the death
  757  of any person commits capital importation of methaqualone, a
  758  capital felony punishable as provided in ss. 775.082 and
  759  921.142. Any person sentenced for a capital felony under this
  760  paragraph shall also be sentenced to pay the maximum fine
  761  provided under subparagraph 1.
  762         (f)1. Any person who knowingly sells, purchases,
  763  manufactures, delivers, or brings into this state, or who is
  764  knowingly in actual or constructive possession of, 14 grams or
  765  more of amphetamine, as described in s. 893.03(2)(c)2., or
  766  methamphetamine, as described in s. 893.03(2)(c)4., or of any
  767  mixture containing amphetamine or methamphetamine, or
  768  phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine
  769  in conjunction with other chemicals and equipment utilized in
  770  the manufacture of amphetamine or methamphetamine, commits a
  771  felony of the first degree, which felony shall be known as
  772  “trafficking in amphetamine,” punishable as provided in s.
  773  775.082, s. 775.083, or s. 775.084. If the quantity involved:
  774         a. Is 14 grams or more, but less than 28 grams, such person
  775  shall be sentenced to a mandatory minimum term of imprisonment
  776  of 3 years, and the defendant shall be ordered to pay a fine of
  777  $50,000.
  778         b. Is 28 grams or more, but less than 200 grams, such
  779  person shall be sentenced to a mandatory minimum term of
  780  imprisonment of 7 years, and the defendant shall be ordered to
  781  pay a fine of $100,000.
  782         c. Is 200 grams or more, such person shall be sentenced to
  783  a mandatory minimum term of imprisonment of 15 calendar years
  784  and pay a fine of $250,000.
  785         2. Any person who knowingly manufactures or brings into
  786  this state 400 grams or more of amphetamine, as described in s.
  787  893.03(2)(c)2., or methamphetamine, as described in s.
  788  893.03(2)(c)4., or of any mixture containing amphetamine or
  789  methamphetamine, or phenylacetone, phenylacetic acid,
  790  pseudoephedrine, or ephedrine in conjunction with other
  791  chemicals and equipment used in the manufacture of amphetamine
  792  or methamphetamine, and who knows that the probable result of
  793  such manufacture or importation would be the death of any person
  794  commits capital manufacture or importation of amphetamine, a
  795  capital felony punishable as provided in ss. 775.082 and
  796  921.142. Any person sentenced for a capital felony under this
  797  paragraph shall also be sentenced to pay the maximum fine
  798  provided under subparagraph 1.
  799         (g)1. Any person who knowingly sells, purchases,
  800  manufactures, delivers, or brings into this state, or who is
  801  knowingly in actual or constructive possession of, 4 grams or
  802  more of flunitrazepam or any mixture containing flunitrazepam as
  803  described in s. 893.03(1)(a) commits a felony of the first
  804  degree, which felony shall be known as “trafficking in
  805  flunitrazepam,” punishable as provided in s. 775.082, s.
  806  775.083, or s. 775.084. If the quantity involved:
  807         a. Is 4 grams or more but less than 14 grams, such person
  808  shall be sentenced to a mandatory minimum term of imprisonment
  809  of 3 years, and the defendant shall be ordered to pay a fine of
  810  $50,000.
  811         b. Is 14 grams or more but less than 28 grams, such person
  812  shall be sentenced to a mandatory minimum term of imprisonment
  813  of 7 years, and the defendant shall be ordered to pay a fine of
  814  $100,000.
  815         c. Is 28 grams or more but less than 30 kilograms, such
  816  person shall be sentenced to a mandatory minimum term of
  817  imprisonment of 25 calendar years and pay a fine of $500,000.
  818         2. Any person who knowingly sells, purchases, manufactures,
  819  delivers, or brings into this state or who is knowingly in
  820  actual or constructive possession of 30 kilograms or more of
  821  flunitrazepam or any mixture containing flunitrazepam as
  822  described in s. 893.03(1)(a) commits the first degree felony of
  823  trafficking in flunitrazepam. A person who has been convicted of
  824  the first degree felony of trafficking in flunitrazepam under
  825  this subparagraph shall be punished by life imprisonment and is
  826  ineligible for any form of discretionary early release except
  827  pardon or executive clemency or conditional medical release
  828  under s. 947.149. However, if the court determines that, in
  829  addition to committing any act specified in this paragraph:
  830         a. The person intentionally killed an individual or
  831  counseled, commanded, induced, procured, or caused the
  832  intentional killing of an individual and such killing was the
  833  result; or
  834         b. The person’s conduct in committing that act led to a
  835  natural, though not inevitable, lethal result,
  836  
  837  such person commits the capital felony of trafficking in
  838  flunitrazepam, punishable as provided in ss. 775.082 and
  839  921.142. Any person sentenced for a capital felony under this
  840  paragraph shall also be sentenced to pay the maximum fine
  841  provided under subparagraph 1.
  842         (h)1. Any person who knowingly sells, purchases,
  843  manufactures, delivers, or brings into this state, or who is
  844  knowingly in actual or constructive possession of, 1 kilogram or
  845  more of gamma-hydroxybutyric acid (GHB), as described in s.
  846  893.03(1)(d), or any mixture containing gamma-hydroxybutyric
  847  acid (GHB), commits a felony of the first degree, which felony
  848  shall be known as “trafficking in gamma-hydroxybutyric acid
  849  (GHB),” punishable as provided in s. 775.082, s. 775.083, or s.
  850  775.084. If the quantity involved:
  851         a. Is 1 kilogram or more but less than 5 kilograms, such
  852  person shall be sentenced to a mandatory minimum term of
  853  imprisonment of 3 years, and the defendant shall be ordered to
  854  pay a fine of $50,000.
  855         b. Is 5 kilograms or more but less than 10 kilograms, such
  856  person shall be sentenced to a mandatory minimum term of
  857  imprisonment of 7 years, and the defendant shall be ordered to
  858  pay a fine of $100,000.
  859         c. Is 10 kilograms or more, such person shall be sentenced
  860  to a mandatory minimum term of imprisonment of 15 calendar years
  861  and pay a fine of $250,000.
  862         2. Any person who knowingly manufactures or brings into
  863  this state 150 kilograms or more of gamma-hydroxybutyric acid
  864  (GHB), as described in s. 893.03(1)(d), or any mixture
  865  containing gamma-hydroxybutyric acid (GHB), and who knows that
  866  the probable result of such manufacture or importation would be
  867  the death of any person commits capital manufacture or
  868  importation of gamma-hydroxybutyric acid (GHB), a capital felony
  869  punishable as provided in ss. 775.082 and 921.142. Any person
  870  sentenced for a capital felony under this paragraph shall also
  871  be sentenced to pay the maximum fine provided under subparagraph
  872  1.
  873         (i)1. Any person who knowingly sells, purchases,
  874  manufactures, delivers, or brings into this state, or who is
  875  knowingly in actual or constructive possession of, 1 kilogram or
  876  more of gamma-butyrolactone (GBL), as described in s.
  877  893.03(1)(d), or any mixture containing gamma-butyrolactone
  878  (GBL), commits a felony of the first degree, which felony shall
  879  be known as “trafficking in gamma-butyrolactone (GBL),”
  880  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  881  If the quantity involved:
  882         a. Is 1 kilogram or more but less than 5 kilograms, such
  883  person shall be sentenced to a mandatory minimum term of
  884  imprisonment of 3 years, and the defendant shall be ordered to
  885  pay a fine of $50,000.
  886         b. Is 5 kilograms or more but less than 10 kilograms, such
  887  person shall be sentenced to a mandatory minimum term of
  888  imprisonment of 7 years, and the defendant shall be ordered to
  889  pay a fine of $100,000.
  890         c. Is 10 kilograms or more, such person shall be sentenced
  891  to a mandatory minimum term of imprisonment of 15 calendar years
  892  and pay a fine of $250,000.
  893         2. Any person who knowingly manufactures or brings into the
  894  state 150 kilograms or more of gamma-butyrolactone (GBL), as
  895  described in s. 893.03(1)(d), or any mixture containing gamma
  896  butyrolactone (GBL), and who knows that the probable result of
  897  such manufacture or importation would be the death of any person
  898  commits capital manufacture or importation of gamma
  899  butyrolactone (GBL), a capital felony punishable as provided in
  900  ss. 775.082 and 921.142. Any person sentenced for a capital
  901  felony under this paragraph shall also be sentenced to pay the
  902  maximum fine provided under subparagraph 1.
  903         (j)1. Any person who knowingly sells, purchases,
  904  manufactures, delivers, or brings into this state, or who is
  905  knowingly in actual or constructive possession of, 1 kilogram or
  906  more of 1,4-Butanediol as described in s. 893.03(1)(d), or of
  907  any mixture containing 1,4-Butanediol, commits a felony of the
  908  first degree, which felony shall be known as “trafficking in
  909  1,4-Butanediol,” punishable as provided in s. 775.082, s.
  910  775.083, or s. 775.084. If the quantity involved:
  911         a. Is 1 kilogram or more, but less than 5 kilograms, such
  912  person shall be sentenced to a mandatory minimum term of
  913  imprisonment of 3 years, and the defendant shall be ordered to
  914  pay a fine of $50,000.
  915         b. Is 5 kilograms or more, but less than 10 kilograms, such
  916  person shall be sentenced to a mandatory minimum term of
  917  imprisonment of 7 years, and the defendant shall be ordered to
  918  pay a fine of $100,000.
  919         c. Is 10 kilograms or more, such person shall be sentenced
  920  to a mandatory minimum term of imprisonment of 15 calendar years
  921  and pay a fine of $500,000.
  922         2. Any person who knowingly manufactures or brings into
  923  this state 150 kilograms or more of 1,4-Butanediol as described
  924  in s. 893.03(1)(d), or any mixture containing 1,4-Butanediol,
  925  and who knows that the probable result of such manufacture or
  926  importation would be the death of any person commits capital
  927  manufacture or importation of 1,4-Butanediol, a capital felony
  928  punishable as provided in ss. 775.082 and 921.142. Any person
  929  sentenced for a capital felony under this paragraph shall also
  930  be sentenced to pay the maximum fine provided under subparagraph
  931  1.
  932         (k)1. A person who knowingly sells, purchases,
  933  manufactures, delivers, or brings into this state, or who is
  934  knowingly in actual or constructive possession of, 10 grams or
  935  more of any of the following substances described in s.
  936  893.03(1)(c):
  937         a. 3,4-Methylenedioxymethamphetamine (MDMA);
  938         b. 4-Bromo-2,5-dimethoxyamphetamine;
  939         c. 4-Bromo-2,5-dimethoxyphenethylamine;
  940         d. 2,5-Dimethoxyamphetamine;
  941         e. 2,5-Dimethoxy-4-ethylamphetamine (DOET);
  942         f. N-ethylamphetamine;
  943         g. N-Hydroxy-3,4-methylenedioxyamphetamine;
  944         h. 5-Methoxy-3,4-methylenedioxyamphetamine;
  945         i. 4-methoxyamphetamine;
  946         j. 4-methoxymethamphetamine;
  947         k. 4-Methyl-2,5-dimethoxyamphetamine;
  948         l. 3,4-Methylenedioxy-N-ethylamphetamine;
  949         m. 3,4-Methylenedioxyamphetamine;
  950         n. N,N-dimethylamphetamine;
  951         o. 3,4,5-Trimethoxyamphetamine;
  952         p. 3,4-Methylenedioxymethcathinone;
  953         q. 3,4-Methylenedioxypyrovalerone (MDPV); or
  954         r. Methylmethcathinone,
  955  
  956  individually or analogs thereto or isomers thereto or in any
  957  combination of or any mixture containing any substance listed in
  958  sub-subparagraphs a.-r., commits a felony of the first degree,
  959  which felony shall be known as “trafficking in Phenethylamines,”
  960  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  961         2. If the quantity involved:
  962         a. Is 10 grams or more, but less than 200 grams, such
  963  person shall be sentenced to a mandatory minimum term of
  964  imprisonment of 3 years and shall be ordered to pay a fine of
  965  $50,000.
  966         b. Is 200 grams or more, but less than 400 grams, such
  967  person shall be sentenced to a mandatory minimum term of
  968  imprisonment of 7 years and shall be ordered to pay a fine of
  969  $100,000.
  970         c. Is 400 grams or more, such person shall be sentenced to
  971  a mandatory minimum term of imprisonment of 15 years and shall
  972  be ordered to pay a fine of $250,000.
  973         3. A person who knowingly manufactures or brings into this
  974  state 30 kilograms or more of any of the following substances
  975  described in s. 893.03(1)(c):
  976         a. 3,4-Methylenedioxymethamphetamine (MDMA);
  977         b. 4-Bromo-2,5-dimethoxyamphetamine;
  978         c. 4-Bromo-2,5-dimethoxyphenethylamine;
  979         d. 2,5-Dimethoxyamphetamine;
  980         e. 2,5-Dimethoxy-4-ethylamphetamine (DOET);
  981         f. N-ethylamphetamine;
  982         g. N-Hydroxy-3,4-methylenedioxyamphetamine;
  983         h. 5-Methoxy-3,4-methylenedioxyamphetamine;
  984         i. 4-methoxyamphetamine;
  985         j. 4-methoxymethamphetamine;
  986         k. 4-Methyl-2,5-dimethoxyamphetamine;
  987         l. 3,4-Methylenedioxy-N-ethylamphetamine;
  988         m. 3,4-Methylenedioxyamphetamine;
  989         n. N,N-dimethylamphetamine;
  990         o. 3,4,5-Trimethoxyamphetamine;
  991         p. 3,4-Methylenedioxymethcathinone;
  992         q. 3,4-Methylenedioxypyrovalerone (MDPV); or
  993         r. Methylmethcathinone,
  994  
  995  individually or analogs thereto or isomers thereto or in any
  996  combination of or any mixture containing any substance listed in
  997  sub-subparagraphs a.-r., and who knows that the probable result
  998  of such manufacture or importation would be the death of any
  999  person commits capital manufacture or importation of
 1000  Phenethylamines, a capital felony punishable as provided in ss.
 1001  775.082 and 921.142. A person sentenced for a capital felony
 1002  under this paragraph shall also be sentenced to pay the maximum
 1003  fine provided under subparagraph 1.
 1004         (l)1. Any person who knowingly sells, purchases,
 1005  manufactures, delivers, or brings into this state, or who is
 1006  knowingly in actual or constructive possession of, 1 gram or
 1007  more of lysergic acid diethylamide (LSD) as described in s.
 1008  893.03(1)(c), or of any mixture containing lysergic acid
 1009  diethylamide (LSD), commits a felony of the first degree, which
 1010  felony shall be known as “trafficking in lysergic acid
 1011  diethylamide (LSD),” punishable as provided in s. 775.082, s.
 1012  775.083, or s. 775.084. If the quantity involved:
 1013         a. Is 1 gram or more, but less than 5 grams, such person
 1014  shall be sentenced to a mandatory minimum term of imprisonment
 1015  of 3 years, and the defendant shall be ordered to pay a fine of
 1016  $50,000.
 1017         b. Is 5 grams or more, but less than 7 grams, such person
 1018  shall be sentenced to a mandatory minimum term of imprisonment
 1019  of 7 years, and the defendant shall be ordered to pay a fine of
 1020  $100,000.
 1021         c. Is 7 grams or more, such person shall be sentenced to a
 1022  mandatory minimum term of imprisonment of 15 calendar years and
 1023  pay a fine of $500,000.
 1024         2. Any person who knowingly manufactures or brings into
 1025  this state 7 grams or more of lysergic acid diethylamide (LSD)
 1026  as described in s. 893.03(1)(c), or any mixture containing
 1027  lysergic acid diethylamide (LSD), and who knows that the
 1028  probable result of such manufacture or importation would be the
 1029  death of any person commits capital manufacture or importation
 1030  of lysergic acid diethylamide (LSD), a capital felony punishable
 1031  as provided in ss. 775.082 and 921.142. Any person sentenced for
 1032  a capital felony under this paragraph shall also be sentenced to
 1033  pay the maximum fine provided under subparagraph 1.
 1034         Section 7. This act shall take effect upon becoming a law.

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