Florida Senator Ellyn Bogdanoff has introduced new legislation (Senate Bill 732) which would modify Florida’s Draconian sentencing scheme which now mandates extreme minimum mandatory sentences for possessing but a few pharmaceutical pills. The bill would bring Florida’s sentencing scheme in line with federal sentencing which now assesses punishment for Trafficking in Illegal Drugs such as Oxycodone by actual (net) weight, not the aggregate amount of each pill. Under the proposed amendment to s. 893.135 (6) Fla. Stat., the actual or net weight would be counted for sentencing purposes. While Florida court’s have declined to hold the scheme unconstitutional under either equal protection or due process arguments, the Fifth DCA in the case of Van Ens v. State, invited the Legislature to “reexamines” its present scheme in light of amendment of the comaparable federal scheme, which now punishes by the net or actual weight of each pill. Under present Florida law, a person is subject to three (3) years in state prison for possessing, without a prescription, only seven (7) Lorcet tablets. Moreover, posseessing only 22 Lorcet mandates a 15- year mandatory sentence; and possessing just 42 of these Schedule III tablets gets you a whopping 25-year mandatory minimum sentence and a half-million dollar fine. Since each Lorcet weighs 660 mg, just calculate the aggregate weight and you’ll know the sentence. The Court has no discretion, but the prosecutor’s discretion is unbridled. The insnity is amplified when you consider that each pill is 98.5 percent non-controlled, Tylenol. The law, as amended, would provide that so-long as the drug is a pharmaceutical identified under Chapter 499 of the Florida Statutes, for sentencing purposes only the net amount of the controlled substance in each pill would dictate sentence. Below is the text of the proposed amendment:
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By Senator Bogdanoff
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A bill to be entitled 1
An act relating to sentences of inmates; amending s. 2 893.135, F.S.; revising the quantity of a controlled 3 substance which a person must knowingly sell, 4 purchase, manufacture, deliver, or bring into this 5 state with the intent to distribute in order to be 6 subject to the automatic imposition of a mandatory 7 minimum term of imprisonment; providing the method for 8 determining the weight of a controlled substance in a 9 mixture that is a prescription drug; revising 10 legislative intent; amending s. 921.0022, F.S.; 11 revising provisions to conform to changes made by the 12 act; reenacting ss. 775.087(2)(a) and 782.04(1)(a), 13 (3), and (4), F.S., relating to the possession or use 14 of a weapon and murder, respectively, to incorporate 15 the amendments made to s. 893.135, F.S., in references 16 thereto; repealing s. 893.101, F.S., relating to 17 legislative findings and intent relative to knowledge 18 of a person to the possession of a controlled 19 substance; providing an effective date. 20
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Be It Enacted by the Legislature of the State of Florida: 22
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Section 1. Section 893.135, Florida Statutes, is amended to 24 read: 25
893.135 Trafficking; mandatory sentences; suspension or 26 reduction of sentences; conspiracy to engage in trafficking.— 27
(1) Except as authorized in this chapter or in chapter 499 28 and notwithstanding the provisions of s. 893.13: 29
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(a) A Any person who knowingly sells, purchases, 30 manufactures, delivers, or brings into this state, or who is 31 knowingly is in actual or constructive possession with intent to 32 distribute of, in excess of 25 pounds of cannabis, or 300 or 33 more cannabis plants, commits a felony of the first degree, 34 which felony shall be known as “trafficking in cannabis,” 35 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 36 If the quantity of cannabis involved: 37
1. Is in excess of 25 pounds, but less than 2,000 pounds, 38 or is 300 or more cannabis plants, but not more than 2,000 39 cannabis plants, such person shall be sentenced to a mandatory 40 minimum term of imprisonment of 3 years, and the defendant shall 41 be ordered to pay a fine of $25,000. 42
2. Is 2,000 pounds or more, but less than 10,000 pounds, or 43 is 2,000 or more cannabis plants, but not more than 10,000 44 cannabis plants, such person shall be sentenced to a mandatory 45 minimum term of imprisonment of 7 years, and the defendant shall 46 be ordered to pay a fine of $50,000. 47
3. Is 10,000 pounds or more, or is 10,000 or more cannabis 48 plants, such person shall be sentenced to a mandatory minimum 49 term of imprisonment of 15 calendar years, and the defendant 50 shall be ordered to pay a fine of $200,000. 51
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For the purpose of this paragraph, a plant, including, but not 53 limited to, a seedling or cutting, is a “cannabis plant” if it 54 has some readily observable evidence of root formation, such as 55 root hairs. To determine if a piece or part of a cannabis plant 56 severed from the cannabis plant is itself a cannabis plant, the 57 severed piece or part must have some readily observable evidence 58
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of root formation, such as root hairs. Callous tissue is not 59 readily observable evidence of root formation. The viability and 60 sex of a plant and the fact that the plant may or may not be a 61 dead harvested plant are not relevant in determining if the 62 plant is a “cannabis plant” or in the charging of an offense 63 under this paragraph. Upon conviction, the court shall impose 64 the longest term of imprisonment provided for in this paragraph. 65
(b)1. Any person who knowingly sells, purchases, 66 manufactures, delivers, or brings into this state, or who is 67 knowingly is in actual or constructive possession with intent to 68 distribute of, 50 28 grams or more of cocaine, as described in 69 s. 893.03(2)(a)4., or of any mixture containing cocaine, but 70 less than 150 kilograms of cocaine or any such mixture, commits 71 a felony of the first degree, which felony shall be known as 72 “trafficking in cocaine,” punishable as provided in s. 775.082, 73 s. 775.083, or s. 775.084. If the quantity involved: 74
a. Is 50 28 grams or more, but less than 400 200 grams, 75 such person shall be sentenced to a mandatory minimum term of 76 imprisonment of 3 years, and the defendant shall be ordered to 77 pay a fine of $50,000. 78
b. Is 400 200 grams or more, but less than 4 kilograms 400 79 grams, such person shall be sentenced to a mandatory minimum 80 term of imprisonment of 7 years, and the defendant shall be 81 ordered to pay a fine of $100,000. 82
c. Is 4 kilograms 400 grams or more, but less than 150 83 kilograms, such person shall be sentenced to a mandatory minimum 84 term of imprisonment of 15 calendar years, and the defendant 85 shall be ordered to pay a fine of $250,000. 86
2. Any person who knowingly sells, purchases, manufactures, 87
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delivers, or brings into this state, or who is knowingly is in 88 actual or constructive possession with intent to distribute of, 89 150 kilograms or more of cocaine, as described in s. 90 893.03(2)(a)4., commits the first degree felony of trafficking 91 in cocaine. A person who has been convicted of the first-degree 92 first degree felony of trafficking in cocaine under this 93 subparagraph shall be punished by life imprisonment and is 94 ineligible for any form of discretionary early release except 95 pardon or executive clemency or conditional medical release 96 under s. 947.149. However, if the court determines that, in 97 addition to committing any act specified in this paragraph: 98
a. The person intentionally killed an individual or 99 counseled, commanded, induced, procured, or caused the 100 intentional killing of an individual and such killing was the 101 result; or 102
b. The person’s conduct in committing that act led to a 103 natural, though not inevitable, lethal result, 104
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such person commits the capital felony of trafficking in 106 cocaine, punishable as provided in ss. 775.082 and 921.142. Any 107 person sentenced for a capital felony under this paragraph shall 108 also be ordered sentenced to pay the maximum fine provided under 109 subparagraph 1. 110
3. Any person who knowingly brings into this state 300 111 kilograms or more of cocaine, as described in s. 893.03(2)(a)4., 112 and who knows that the probable result of such importation would 113 be the death of any person, commits capital importation of 114 cocaine, a capital felony punishable as provided in ss. 775.082 115 and 921.142. Any person sentenced for a capital felony under 116
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this paragraph shall also be ordered sentenced to pay the 117 maximum fine provided under subparagraph 1. 118
(c)1. Any person who knowingly sells, purchases, 119 manufactures, delivers, or brings into this state, or who is 120 knowingly is in actual or constructive possession with intent to 121 distribute of, 4 grams or more of any morphine, opium, 122 oxycodone, hydrocodone, hydromorphone, or any salt, derivative, 123 isomer, or salt of an isomer thereof, including heroin, as 124 described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 125 4 grams or more of any mixture containing any such substance, 126 but less than 30 kilograms of such substance or mixture, commits 127 a felony of the first degree, which felony shall be known as 128 “trafficking in illegal drugs,” punishable as provided in s. 129 775.082, s. 775.083, or s. 775.084. If the quantity involved: 130
a. Is 4 grams or more, but less than 14 grams, such person 131 shall be sentenced to a mandatory minimum term of imprisonment 132 of 3 years, and the defendant shall be ordered to pay a fine of 133 $50,000. 134
b. Is 14 grams or more, but less than 28 grams, such person 135 shall be sentenced to a mandatory minimum term of imprisonment 136 of 15 years, and the defendant shall be ordered to pay a fine of 137 $100,000. 138
c. Is 28 grams or more, but less than 30 kilograms, such 139 person shall be sentenced to a mandatory minimum term of 140 imprisonment of 25 calendar years, and the defendant shall be 141 ordered to pay a fine of $500,000. 142
2. Any person who knowingly sells, purchases, manufactures, 143 delivers, or brings into this state, or who is knowingly is in 144 actual or constructive possession with intent to distribute of, 145
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30 kilograms or more of any morphine, opium, oxycodone, 146 hydrocodone, hydromorphone, or any salt, derivative, isomer, or 147 salt of an isomer thereof, including heroin, as described in s. 148 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or 149 more of any mixture containing any such substance, commits the 150 first-degree first degree felony of trafficking in illegal 151 drugs. A person who has been convicted of the first-degree first 152 degree felony of trafficking in illegal drugs under this 153 subparagraph shall be punished by life imprisonment and is 154 ineligible for any form of discretionary early release except 155 pardon or executive clemency or conditional medical release 156 under s. 947.149. However, if the court determines that, in 157 addition to committing any act specified in this paragraph: 158
a. The person intentionally killed an individual or 159 counseled, commanded, induced, procured, or caused the 160 intentional killing of an individual and such killing was the 161 result; or 162
b. The person’s conduct in committing that act led to a 163 natural, though not inevitable, lethal result, 164
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such person commits the capital felony of trafficking in illegal 166 drugs, punishable as provided in ss. 775.082 and 921.142. Any 167 person sentenced for a capital felony under this paragraph shall 168 also be ordered sentenced to pay the maximum fine provided under 169 subparagraph 1. 170
3. Any person who knowingly brings into this state 60 171 kilograms or more of any morphine, opium, oxycodone, 172 hydrocodone, hydromorphone, or any salt, derivative, isomer, or 173 salt of an isomer thereof, including heroin, as described in s. 174
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893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 60 kilograms or 175 more of any mixture containing any such substance, and who knows 176 that the probable result of such importation would be the death 177 of any person, commits capital importation of illegal drugs, a 178 capital felony punishable as provided in ss. 775.082 and 179 921.142. Any person sentenced for a capital felony under this 180 paragraph shall also be ordered sentenced to pay the maximum 181 fine provided under subparagraph 1. 182
(d)1. Any person who knowingly sells, purchases, 183 manufactures, delivers, or brings into this state, or who is 184 knowingly is in actual or constructive possession with intent to 185 distribute of, 50 28 grams or more of phencyclidine or of any 186 mixture containing phencyclidine, as described in s. 187 893.03(2)(b), commits a felony of the first degree, which felony 188 shall be known as “trafficking in phencyclidine,” punishable as 189 provided in s. 775.082, s. 775.083, or s. 775.084. If the 190 quantity involved: 191
a. Is 50 28 grams or more, but less than 400 200 grams, 192 such person shall be sentenced to a mandatory minimum term of 193 imprisonment of 3 years, and the defendant shall be ordered to 194 pay a fine of $50,000. 195
b. Is 400 200 grams or more, but less than 4 kilograms 400 196 grams, such person shall be sentenced to a mandatory minimum 197 term of imprisonment of 7 years, and the defendant shall be 198 ordered to pay a fine of $100,000. 199
c. Is 4 kilograms 400 grams or more, such person shall be 200 sentenced to a mandatory minimum term of imprisonment of 15 201 calendar years, and the defendant shall be ordered to pay a fine 202 of $250,000. 203
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2. Any person who knowingly brings into this state 8 204 kilograms 800 grams or more of phencyclidine or of any mixture 205 containing phencyclidine, as described in s. 893.03(2)(b), and 206 who knows that the probable result of such importation would be 207 the death of any person commits capital importation of 208 phencyclidine, a capital felony punishable as provided in ss. 209 775.082 and 921.142. Any person sentenced for a capital felony 210 under this paragraph shall also be ordered sentenced to pay the 211 maximum fine provided under subparagraph 1. 212
(e)1. Any person who knowingly sells, purchases, 213 manufactures, delivers, or brings into this state, or who is 214 knowingly is in actual or constructive possession with intent to 215 distribute of, 200 grams or more of methaqualone or of any 216 mixture containing methaqualone, as described in s. 217 893.03(1)(d), commits a felony of the first degree, which felony 218 shall be known as “trafficking in methaqualone,” punishable as 219 provided in s. 775.082, s. 775.083, or s. 775.084. If the 220 quantity involved: 221
a. Is 200 grams or more, but less than 5 kilograms, such 222 person shall be sentenced to a mandatory minimum term of 223 imprisonment of 3 years, and the defendant shall be ordered to 224 pay a fine of $50,000. 225
b. Is 5 kilograms or more, but less than 25 kilograms, such 226 person shall be sentenced to a mandatory minimum term of 227 imprisonment of 7 years, and the defendant shall be ordered to 228 pay a fine of $100,000. 229
c. Is 25 kilograms or more, such person shall be sentenced 230 to a mandatory minimum term of imprisonment of 15 calendar 231 years, and the defendant shall be ordered to pay a fine of 232
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$250,000. 233
2. Any person who knowingly brings into this state 50 234 kilograms or more of methaqualone or of any mixture containing 235 methaqualone, as described in s. 893.03(1)(d), and who knows 236 that the probable result of such importation would be the death 237 of any person commits capital importation of methaqualone, a 238 capital felony punishable as provided in ss. 775.082 and 239 921.142. Any person sentenced for a capital felony under this 240 paragraph shall also be ordered sentenced to pay the maximum 241 fine provided under subparagraph 1. 242
(f)1. Any person who knowingly sells, purchases, 243 manufactures, delivers, or brings into this state, or who is 244 knowingly is in actual or constructive possession with intent to 245 distribute of, 30 14 grams or more of amphetamine, as described 246 in s. 893.03(2)(c)2., or methamphetamine, as described in s. 247 893.03(2)(c)4., or of any mixture containing amphetamine or 248 methamphetamine, or phenylacetone, phenylacetic acid, 249 pseudoephedrine, or ephedrine in conjunction with other 250 chemicals and equipment utilized in the manufacture of 251 amphetamine or methamphetamine, commits a felony of the first 252 degree, which felony shall be known as “trafficking in 253 amphetamine,” punishable as provided in s. 775.082, s. 775.083, 254 or s. 775.084. If the quantity involved: 255
a. Is 30 14 grams or more, but less than 200 28 grams, such 256 person shall be sentenced to a mandatory minimum term of 257 imprisonment of 3 years, and the defendant shall be ordered to 258 pay a fine of $50,000. 259
b. Is 200 28 grams or more, but less than 400 200 grams, 260 such person shall be sentenced to a mandatory minimum term of 261
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imprisonment of 7 years, and the defendant shall be ordered to 262 pay a fine of $100,000. 263
c. Is 400 200 grams or more, such person shall be sentenced 264 to a mandatory minimum term of imprisonment of 15 calendar 265 years, and the defendant shall be ordered to pay a fine of 266 $250,000. 267
2. Any person who knowingly manufactures or brings into 268 this state 1.5 kilograms 400 grams or more of amphetamine, as 269 described in s. 893.03(2)(c)2., or methamphetamine, as described 270 in s. 893.03(2)(c)4., or of any mixture containing amphetamine 271 or methamphetamine, or phenylacetone, phenylacetic acid, 272 pseudoephedrine, or ephedrine in conjunction with other 273 chemicals and equipment used in the manufacture of amphetamine 274 or methamphetamine, and who knows that the probable result of 275 such manufacture or importation would be the death of any person 276 commits capital manufacture or importation of amphetamine, a 277 capital felony punishable as provided in ss. 775.082 and 278 921.142. Any person sentenced for a capital felony under this 279 paragraph shall also be ordered sentenced to pay the maximum 280 fine provided under subparagraph 1. 281
(g)1. Any person who knowingly sells, purchases, 282 manufactures, delivers, or brings into this state, or who is 283 knowingly is in actual or constructive possession with intent to 284 distribute of, 4 grams or more of flunitrazepam or any mixture 285 containing flunitrazepam as described in s. 893.03(1)(a) commits 286 a felony of the first degree, which felony shall be known as 287 “trafficking in flunitrazepam,” punishable as provided in s. 288 775.082, s. 775.083, or s. 775.084. If the quantity involved: 289
a. Is 4 grams or more but less than 14 grams, such person 290
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shall be sentenced to a mandatory minimum term of imprisonment 291 of 3 years, and the defendant shall be ordered to pay a fine of 292 $50,000. 293
b. Is 14 grams or more but less than 28 grams, such person 294 shall be sentenced to a mandatory minimum term of imprisonment 295 of 7 years, and the defendant shall be ordered to pay a fine of 296 $100,000. 297
c. Is 28 grams or more but less than 30 kilograms, such 298 person shall be sentenced to a mandatory minimum term of 299 imprisonment of 25 calendar years, and the defendant shall be 300 ordered to pay a fine of $500,000. 301
2. Any person who knowingly sells, purchases, manufactures, 302 delivers, or brings into this state, or who is knowingly is in 303 actual or constructive possession with intent to distribute of 304 30 kilograms or more of flunitrazepam or any mixture containing 305 flunitrazepam as described in s. 893.03(1)(a) commits the first-306 degree first degree felony of trafficking in flunitrazepam. A 307 person who has been convicted of the first-degree first degree 308 felony of trafficking in flunitrazepam under this subparagraph 309 shall be punished by life imprisonment and is ineligible for any 310 form of discretionary early release except pardon or executive 311 clemency or conditional medical release under s. 947.149. 312 However, if the court determines that, in addition to committing 313 any act specified in this paragraph: 314
a. The person intentionally killed an individual or 315 counseled, commanded, induced, procured, or caused the 316 intentional killing of an individual and such killing was the 317 result; or 318
b. The person’s conduct in committing that act led to a 319
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natural, though not inevitable, lethal result, 320
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such person commits the capital felony of trafficking in 322 flunitrazepam, punishable as provided in ss. 775.082 and 323 921.142. Any person sentenced for a capital felony under this 324 paragraph shall also be ordered sentenced to pay the maximum 325 fine provided under subparagraph 1. 326
(h)1. Any person who knowingly sells, purchases, 327 manufactures, delivers, or brings into this state, or who is 328 knowingly is in actual or constructive possession with intent to 329 distribute of, 5 kilograms 1 kilogram or more of gamma-330 hydroxybutyric acid (GHB), as described in s. 893.03(1)(d), or 331 any mixture containing gamma-hydroxybutyric acid (GHB), commits 332 a felony of the first degree, which felony shall be known as 333 “trafficking in gamma-hydroxybutyric acid (GHB),” punishable as 334 provided in s. 775.082, s. 775.083, or s. 775.084. If the 335 quantity involved: 336
a. Is 5 kilograms 1 kilogram or more but less than 15 5 337 kilograms, such person shall be sentenced to a mandatory minimum 338 term of imprisonment of 3 years, and the defendant shall be 339 ordered to pay a fine of $50,000. 340
b. Is 15 5 kilograms or more but less than 30 10 kilograms, 341 such person shall be sentenced to a mandatory minimum term of 342 imprisonment of 7 years, and the defendant shall be ordered to 343 pay a fine of $100,000. 344
c. Is 30 10 kilograms or more, such person shall be 345 sentenced to a mandatory minimum term of imprisonment of 15 346 calendar years, and the defendant shall be ordered to pay a fine 347 of $250,000. 348
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2. Any person who knowingly manufactures or brings into 349 this state 150 kilograms or more of gamma-hydroxybutyric acid 350 (GHB), as described in s. 893.03(1)(d), or any mixture 351 containing gamma-hydroxybutyric acid (GHB), and who knows that 352 the probable result of such manufacture or importation would be 353 the death of any person commits capital manufacture or 354 importation of gamma-hydroxybutyric acid (GHB), a capital felony 355 punishable as provided in ss. 775.082 and 921.142. Any person 356 sentenced for a capital felony under this paragraph shall also 357 be ordered sentenced to pay the maximum fine provided under 358 subparagraph 1. 359
(i)1. Any person who knowingly sells, purchases, 360 manufactures, delivers, or brings into this state, or who is 361 knowingly is in actual or constructive possession with intent to 362 distribute of, 5 kilograms 1 kilogram or more of gamma-363 butyrolactone (GBL), as described in s. 893.03(1)(d), or any 364 mixture containing gamma-butyrolactone (GBL), commits a felony 365 of the first degree, which felony shall be known as “trafficking 366 in gamma-butyrolactone (GBL),” punishable as provided in s. 367 775.082, s. 775.083, or s. 775.084. If the quantity involved: 368
a. Is 5 kilograms 1 kilogram or more but less than 15 5 369 kilograms, such person shall be sentenced to a mandatory minimum 370 term of imprisonment of 3 years, and the defendant shall be 371 ordered to pay a fine of $50,000. 372
b. Is 15 5 kilograms or more but less than 30 10 kilograms, 373 such person shall be sentenced to a mandatory minimum term of 374 imprisonment of 7 years, and the defendant shall be ordered to 375 pay a fine of $100,000. 376
c. Is 30 10 kilograms or more, such person shall be 377
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sentenced to a mandatory minimum term of imprisonment of 15 378 calendar years, and the defendant shall be ordered to pay a fine 379 of $250,000. 380
2. Any person who knowingly manufactures or brings into the 381 state 150 kilograms or more of gamma-butyrolactone (GBL), as 382 described in s. 893.03(1)(d), or any mixture containing gamma-383 butyrolactone (GBL), and who knows that the probable result of 384 such manufacture or importation would be the death of any person 385 commits capital manufacture or importation of gamma-386 butyrolactone (GBL), a capital felony punishable as provided in 387 ss. 775.082 and 921.142. Any person sentenced for a capital 388 felony under this paragraph shall also be ordered sentenced to 389 pay the maximum fine provided under subparagraph 1. 390
(j)1. Any person who knowingly sells, purchases, 391 manufactures, delivers, or brings into this state, or who is 392 knowingly is in actual or constructive possession with intent to 393 distribute of, 5 kilograms 1 kilogram or more of 1,4-Butanediol 394 as described in s. 893.03(1)(d), or of any mixture containing 395 1,4-Butanediol, commits a felony of the first degree, which 396 felony shall be known as “trafficking in 1,4-Butanediol,” 397 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 398 If the quantity involved: 399
a. Is 5 kilograms 1 kilogram or more, but less than 15 5 400 kilograms, such person shall be sentenced to a mandatory minimum 401 term of imprisonment of 3 years, and the defendant shall be 402 ordered to pay a fine of $50,000. 403
b. Is 15 5 kilograms or more, but less than 30 10 404 kilograms, such person shall be sentenced to a mandatory minimum 405 term of imprisonment of 7 years, and the defendant shall be 406
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ordered to pay a fine of $100,000. 407
c. Is 30 10 kilograms or more, such person shall be 408 sentenced to a mandatory minimum term of imprisonment of 15 409 calendar years, and the defendant shall be ordered to pay a fine 410 of $500,000. 411
2. Any person who knowingly manufactures or brings into 412 this state 150 kilograms or more of 1,4-Butanediol as described 413 in s. 893.03(1)(d), or any mixture containing 1,4-Butanediol, 414 and who knows that the probable result of such manufacture or 415 importation would be the death of any person commits capital 416 manufacture or importation of 1,4-Butanediol, a capital felony 417 punishable as provided in ss. 775.082 and 921.142. Any person 418 sentenced for a capital felony under this paragraph shall also 419 be ordered sentenced to pay the maximum fine provided under 420 subparagraph 1. 421
(k)1. Any person who knowingly sells, purchases, 422 manufactures, delivers, or brings into this state, or who is 423 knowingly is in actual or constructive possession with intent to 424 distribute of, 30 10 grams or more of any of the following 425 substances described in s. 893.03(1)(a) or (c): 426
a. 3,4-Methylenedioxymethamphetamine (MDMA); 427
b. 4-Bromo-2,5-dimethoxyamphetamine; 428
c. 4-Bromo-2,5-dimethoxyphenethylamine; 429
d. 2,5-Dimethoxyamphetamine; 430
e. 2,5-Dimethoxy-4-ethylamphetamine (DOET); 431
f. N-ethylamphetamine; 432
g. N-Hydroxy-3,4-methylenedioxyamphetamine; 433
h. 5-Methoxy-3,4-methylenedioxyamphetamine; 434
i. 4-methoxyamphetamine; 435
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j. 4-methoxymethamphetamine; 436
k. 4-Methyl-2,5-dimethoxyamphetamine; 437
l. 3,4-Methylenedioxy-N-ethylamphetamine; 438
m. 3,4-Methylenedioxyamphetamine; 439
n. N,N-dimethylamphetamine; or 440
o. 3,4,5-Trimethoxyamphetamine, 441
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individually or in any combination of or any mixture containing 443 any substance listed in sub-subparagraphs a.-o., commits a 444 felony of the first degree, which felony shall be known as 445 “trafficking in Phenethylamines,” punishable as provided in s. 446 775.082, s. 775.083, or s. 775.084. 447
2. If the quantity involved: 448
a. Is 30 10 grams or more but less than 200 grams, such 449 person shall be sentenced to a mandatory minimum term of 450 imprisonment of 3 years, and the defendant shall be ordered to 451 pay a fine of $50,000. 452
b. Is 200 grams or more, but less than 400 grams, such 453 person shall be sentenced to a mandatory minimum term of 454 imprisonment of 7 years, and the defendant shall be ordered to 455 pay a fine of $100,000. 456
c. Is 400 grams or more, such person shall be sentenced to 457 a mandatory minimum term of imprisonment of 15 calendar years, 458 and the defendant shall be ordered to pay a fine of $250,000. 459
3. Any person who knowingly manufactures or brings into 460 this state 30 kilograms or more of any of the following 461 substances described in s. 893.03(1)(a) or (c): 462
a. 3,4-Methylenedioxymethamphetamine (MDMA); 463
b. 4-Bromo-2,5-dimethoxyamphetamine; 464
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c. 4-Bromo-2,5-dimethoxyphenethylamine; 465
d. 2,5-Dimethoxyamphetamine; 466
e. 2,5-Dimethoxy-4-ethylamphetamine (DOET); 467
f. N-ethylamphetamine; 468
g. N-Hydroxy-3,4-methylenedioxyamphetamine; 469
h. 5-Methoxy-3,4-methylenedioxyamphetamine; 470
i. 4-methoxyamphetamine; 471
j. 4-methoxymethamphetamine; 472
k. 4-Methyl-2,5-dimethoxyamphetamine; 473
l. 3,4-Methylenedioxy-N-ethylamphetamine; 474
m. 3,4-Methylenedioxyamphetamine; 475
n. N,N-dimethylamphetamine; or 476
o. 3,4,5-Trimethoxyamphetamine, 477
478
individually or in any combination of or any mixture containing 479 any substance listed in sub-subparagraphs a.-o., and who knows 480 that the probable result of such manufacture or importation 481 would be the death of any person commits capital manufacture or 482 importation of Phenethylamines, a capital felony punishable as 483 provided in ss. 775.082 and 921.142. Any person sentenced for a 484 capital felony under this paragraph shall also be ordered 485 sentenced to pay the maximum fine provided under subparagraph 1. 486
(l)1. Any person who knowingly sells, purchases, 487 manufactures, delivers, or brings into this state, or who is 488 knowingly is in actual or constructive possession with intent to 489 distribute of, 1 gram or more of lysergic acid diethylamide 490 (LSD) as described in s. 893.03(1)(c), or of any mixture 491 containing lysergic acid diethylamide (LSD), commits a felony of 492 the first degree, which felony shall be known as “trafficking in 493
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lysergic acid diethylamide (LSD),” punishable as provided in s. 494 775.082, s. 775.083, or s. 775.084. If the quantity involved: 495
a. Is 1 gram or more, but less than 5 grams, such person 496 shall be sentenced to a mandatory minimum term of imprisonment 497 of 3 years, and the defendant shall be ordered to pay a fine of 498 $50,000. 499
b. Is 5 grams or more, but less than 7 grams, such person 500 shall be sentenced to a mandatory minimum term of imprisonment 501 of 7 years, and the defendant shall be ordered to pay a fine of 502 $100,000. 503
c. Is 7 grams or more, such person shall be sentenced to a 504 mandatory minimum term of imprisonment of 15 calendar years, and 505 the defendant shall be ordered to pay a fine of $500,000. 506
2. Any person who knowingly manufactures or brings into 507 this state 7 grams or more of lysergic acid diethylamide (LSD) 508 as described in s. 893.03(1)(c), or any mixture containing 509 lysergic acid diethylamide (LSD), and who knows that the 510 probable result of such manufacture or importation would be the 511 death of any person commits capital manufacture or importation 512 of lysergic acid diethylamide (LSD), a capital felony punishable 513 as provided in ss. 775.082 and 921.142. Any person sentenced for 514 a capital felony under this paragraph shall also be ordered 515 sentenced to pay the maximum fine provided under subparagraph 1. 516
(2) A person acts knowingly under subsection (1) if that 517 person intends to sell, purchase, manufacture, deliver, or bring 518 into this state, or to actually or constructively possess, any 519 of the controlled substances listed in subsection (1), 520 regardless of which controlled substance listed in subsection 521 (1) is in fact sold, purchased, manufactured, delivered, or 522
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brought into this state, or actually or constructively 523 possessed. 524
(3) Notwithstanding the provisions of s. 948.01, with 525 respect to any person who is found to have violated this 526 section, adjudication of guilt or imposition of sentence may 527 shall not be suspended, deferred, or withheld, and nor shall 528 such person is not be eligible for parole before prior to 529 serving the mandatory minimum term of imprisonment prescribed by 530 this section. A person sentenced to a mandatory minimum term of 531 imprisonment under this section is not eligible for any form of 532 discretionary early release, except pardon or executive clemency 533 or conditional medical release under s. 947.149, before prior to 534 serving the mandatory minimum term of imprisonment. 535
(4) The state attorney may move the sentencing court to 536 reduce or suspend the sentence of any person who is convicted of 537 a violation of this section and who provides substantial 538 assistance in the identification, arrest, or conviction of any 539 of that person’s accomplices, accessories, coconspirators, or 540 principals or of any other person engaged in trafficking in 541 controlled substances. The arresting agency shall be given an 542 opportunity to be heard in aggravation or mitigation in 543 reference to any such motion. Upon good cause shown, the motion 544 may be filed and heard in camera. The judge hearing the motion 545 may reduce or suspend, defer, or withhold the sentence or 546 adjudication of guilt if the judge finds that the defendant 547 rendered such substantial assistance. 548
(5) Any person who agrees, conspires, combines, or 549 confederates with another person to commit any act prohibited by 550 subsection (1) commits a felony of the first degree and is 551
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punishable as if he or she had actually committed such 552 prohibited act. Nothing in This subsection does not shall be 553 construed to prohibit separate convictions and sentences for a 554 violation of this subsection and any violation of subsection 555 (1). 556
(6) A mixture, as defined in s. 893.02, containing any 557 controlled substance described in this section includes, but is 558 not limited to, a solution or a dosage unit, including, but not 559 limited to, a pill or tablet, containing a controlled substance. 560 For the purpose of clarifying legislative intent regarding the 561 weighing of a mixture containing a controlled substance 562 described in this section, the weight of the controlled 563 substance is the total weight of the mixture, including the 564 controlled substance and any other substance in the mixture. 565 However, if the mixture is a prescription drug as defined in s. 566 499.003 and the weight of the controlled substance in the 567 mixture can be identified using the national drug code, the 568 weight of the controlled substance is the weight identified in 569 the national drug code. If there is more than one mixture 570 containing the same controlled substance, the weight of the 571 controlled substance is calculated by aggregating the total 572 weight of each mixture. 573
(7) For the purpose of further clarifying legislative 574 intent, the Legislature finds that the opinion in Hayes v. 575 State, 750 So. 2d 1 (Fla. 1999) does not correctly construes 576 construe legislative intent. The Legislature finds that the 577 opinions in State v. Hayes, 720 So. 2d 1095 (Fla. 4th DCA 1998) 578 and State v. Baxley, 684 So. 2d 831 (Fla. 5th DCA 1996) do not 579 correctly construe legislative intent. 580
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Section 2. Paragraphs (g), (h), and (i) of subsection (3) 581 of section 921.0022, Florida Statutes, are amended to read: 582
921.0022 Criminal Punishment Code; offense severity ranking 583 chart.— 584
(3) OFFENSE SEVERITY RANKING CHART 585
(g) LEVEL 7 586
587
Florida Statute
Felony Degree
Description
588
316.027(1)(b)
1st
Accident involving death, failure to stop; leaving scene.
589
316.193(3)(c)2.
3rd
DUI resulting in serious bodily injury.
590
316.1935(3)(b)
1st
Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
591
327.35(3)(c)2.
3rd
Vessel BUI resulting in serious bodily injury.
592
402.319(2)
2nd
Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration,
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permanent disability, or death.
593
409.920 (2)(b)1.a.
3rd
Medicaid provider fraud; $10,000 or less.
594
409.920 (2)(b)1.b.
2nd
Medicaid provider fraud; more than $10,000, but less than $50,000.
595
456.065(2)
3rd
Practicing a health care profession without a license.
596
456.065(2)
2nd
Practicing a health care profession without a license which results in serious bodily injury.
597
458.327(1)
3rd
Practicing medicine without a license.
598
459.013(1)
3rd
Practicing osteopathic medicine without a license.
599
460.411(1)
3rd
Practicing chiropractic medicine without a license.
600
461.012(1)
3rd
Practicing podiatric medicine without a license.
601
462.17
3rd
Practicing naturopathy without a license.
602
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463.015(1)
3rd
Practicing optometry without a license.
603
464.016(1)
3rd
Practicing nursing without a license.
604
465.015(2)
3rd
Practicing pharmacy without a license.
605
466.026(1)
3rd
Practicing dentistry or dental hygiene without a license.
606
467.201
3rd
Practicing midwifery without a license.
607
468.366
3rd
Delivering respiratory care services without a license.
608
483.828(1)
3rd
Practicing as clinical laboratory personnel without a license.
609
483.901(9)
3rd
Practicing medical physics without a license.
610
484.013(1)(c)
3rd
Preparing or dispensing optical devices without a prescription.
611
484.053
3rd
Dispensing hearing aids without a license.
612
494.0018(2)
1st
Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained
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exceeded $50,000 and there were five or more victims.
613
560.123(8)(b)1.
3rd
Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
614
560.125(5)(a)
3rd
Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
615
655.50(10)(b)1.
3rd
Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
616
775.21(10)(a)
3rd
Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
617
775.21(10)(b)
3rd
Sexual predator working where children regularly congregate.
618
775.21(10)(g)
3rd
Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
619
782.051(3)
2nd
Attempted felony murder of a person by
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a person other than the perpetrator or the perpetrator of an attempted felony.
620
782.07(1)
2nd
Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
621
782.071
2nd
Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
622
782.072
2nd
Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
623
784.045(1)(a)1.
2nd
Aggravated battery; intentionally causing great bodily harm or disfigurement.
624
784.045(1)(a)2.
2nd
Aggravated battery; using deadly weapon.
625
784.045(1)(b)
2nd
Aggravated battery; perpetrator aware victim pregnant.
626
784.048(4)
3rd
Aggravated stalking; violation of injunction or court order.
627
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784.048(7)
3rd
Aggravated stalking; violation of court order.
628
784.07(2)(d)
1st
Aggravated battery on law enforcement officer.
629
784.074(1)(a)
1st
Aggravated battery on sexually violent predators facility staff.
630
784.08(2)(a)
1st
Aggravated battery on a person 65 years of age or older.
631
784.081(1)
1st
Aggravated battery on specified official or employee.
632
784.082(1)
1st
Aggravated battery by detained person on visitor or other detainee.
633
784.083(1)
1st
Aggravated battery on code inspector.
634
790.07(4)
1st
Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
635
790.16(1)
1st
Discharge of a machine gun under specified circumstances.
636
790.165(2)
2nd
Manufacture, sell, possess, or deliver hoax bomb.
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637
790.165(3)
2nd
Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
638
790.166(3)
2nd
Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
639
790.166(4)
2nd
Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
640
790.23
1st,PBL
Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
641
794.08(4)
3rd
Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
642
796.03
2nd
Procuring any person under 16 years for prostitution.
643
800.04(5)(c)1.
2nd
Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
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644
800.04(5)(c)2.
2nd
Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
645
806.01(2)
2nd
Maliciously damage structure by fire or explosive.
646
810.02(3)(a)
2nd
Burglary of occupied dwelling; unarmed; no assault or battery.
647
810.02(3)(b)
2nd
Burglary of unoccupied dwelling; unarmed; no assault or battery.
648
810.02(3)(d)
2nd
Burglary of occupied conveyance; unarmed; no assault or battery.
649
810.02(3)(e)
2nd
Burglary of authorized emergency vehicle.
650
812.014(2)(a)1.
1st
Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
651
812.014(2)(b)2.
2nd
Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
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652
812.014(2)(b)3.
2nd
Property stolen, emergency medical equipment; 2nd degree grand theft.
653
812.014(2)(b)4.
2nd
Property stolen, law enforcement equipment from authorized emergency vehicle.
654
812.0145(2)(a)
1st
Theft from person 65 years of age or older; $50,000 or more.
655
812.019(2)
1st
Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
656
812.131(2)(a)
2nd
Robbery by sudden snatching.
657
812.133(2)(b)
1st
Carjacking; no firearm, deadly weapon, or other weapon.
658
817.234(8)(a)
2nd
Solicitation of motor vehicle accident victims with intent to defraud.
659
817.234(9)
2nd
Organizing, planning, or participating in an intentional motor vehicle collision.
660
817.234(11)(c)
1st
Insurance fraud; property value $100,000 or more.
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661
817.2341 (2)(b) & (3)(b)
1st
Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
662
825.102(3)(b)
2nd
Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
663
825.103(2)(b)
2nd
Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
664
827.03(3)(b)
2nd
Neglect of a child causing great bodily harm, disability, or disfigurement.
665
827.04(3)
3rd
Impregnation of a child under 16 years of age by person 21 years of age or older.
666
837.05(2)
3rd
Giving false information about alleged capital felony to a law enforcement officer.
667
838.015
2nd
Bribery.
668
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838.016
2nd
Unlawful compensation or reward for official behavior.
669
838.021(3)(a)
2nd
Unlawful harm to a public servant.
670
838.22
2nd
Bid tampering.
671
847.0135(3)
3rd
Solicitation of a child, via a computer service, to commit an unlawful sex act.
672
847.0135(4)
2nd
Traveling to meet a minor to commit an unlawful sex act.
673
872.06
2nd
Abuse of a dead human body.
674
874.10
1st,PBL
Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
675
893.13(1)(c)1.
1st
Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
676
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893.13(1)(e)1.
1st
Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
677
893.13(4)(a)
1st
Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
678
893.135(1)(a)1.
1st
Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
679
893.135 (1)(b)1.a.
1st
Trafficking in cocaine, more than 50 28 grams, less than 400 200 grams.
680
893.135 (1)(c)1.a.
1st
Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
681
893.135(1)(d)1.
1st
Trafficking in phencyclidine, more than 50 28 grams, less than 400 200 grams.
682
893.135(1)(e)1.
1st
Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
683
893.135(1)(f)1.
1st
Trafficking in amphetamine, more than 30 14 grams, less than 200 28 grams.
684
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893.135 (1)(g)1.a.
1st
Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
685
893.135 (1)(h)1.a.
1st
Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms 1 kilogram or more, less than 15 5 kilograms.
686
893.135 (1)(j)1.a.
1st
Trafficking in 1,4-Butanediol, 5 kilograms 1 kilogram or more, less than 15 5 kilograms.
687
893.135 (1)(k)2.a.
1st
Trafficking in Phenethylamines, 30 10 grams or more, less than 200 grams.
688
893.1351(2)
2nd
Possession of place for trafficking in or manufacturing of controlled substance.
689
896.101(5)(a)
3rd
Money laundering, financial transactions exceeding $300 but less than $20,000.
690
896.104(4)(a)1.
3rd
Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
691
943.0435(4)(c)
2nd
Sexual offender vacating permanent residence; failure to comply with
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reporting requirements.
692
943.0435(8)
2nd
Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
693
943.0435(9)(a)
3rd
Sexual offender; failure to comply with reporting requirements.
694
943.0435(13)
3rd
Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
695
943.0435(14)
3rd
Sexual offender; failure to report and reregister; failure to respond to address verification.
696
944.607(9)
3rd
Sexual offender; failure to comply with reporting requirements.
697
944.607(10)(a)
3rd
Sexual offender; failure to submit to the taking of a digitized photograph.
698
944.607(12)
3rd
Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
699
944.607(13)
3rd
Sexual offender; failure to report and reregister; failure to respond to
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address verification.
700
985.4815(10)
3rd
Sexual offender; failure to submit to the taking of a digitized photograph.
701
985.4815(12)
3rd
Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
702
985.4815(13)
3rd
Sexual offender; failure to report and reregister; failure to respond to address verification.
703
(h) LEVEL 8 704
705
Florida Statute
Felony Degree
Description
706
316.193 (3)(c)3.a.
2nd
DUI manslaughter.
707
316.1935(4)(b)
1st
Aggravated fleeing or attempted eluding with serious bodily injury or death.
708
327.35(3)(c)3.
2nd
Vessel BUI manslaughter.
709
499.0051(7)
1st
Knowing trafficking in contraband prescription drugs.
710
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499.0051(8)
1st
Knowing forgery of prescription labels or prescription drug labels.
711
560.123(8)(b)2.
2nd
Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
712
560.125(5)(b)
2nd
Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
713
655.50(10)(b)2.
2nd
Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
714
777.03(2)(a)
1st
Accessory after the fact, capital felony.
715
782.04(4)
2nd
Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aircraft piracy, or unlawfully discharging bomb.
716
782.051(2)
1st
Attempted felony murder while
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perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
717
782.071(1)(b)
1st
Committing vehicular homicide and failing to render aid or give information.
718
782.072(2)
1st
Committing vessel homicide and failing to render aid or give information.
719
790.161(3)
1st
Discharging a destructive device which results in bodily harm or property damage.
720
794.011(5)
2nd
Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
721
794.08(3)
2nd
Female genital mutilation, removal of a victim younger than 18 years of age from this state.
722
800.04(4)
2nd
Lewd or lascivious battery.
723
806.01(1)
1st
Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
724
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810.02(2)(a)
1st,PBL
Burglary with assault or battery.
725
810.02(2)(b)
1st,PBL
Burglary; armed with explosives or dangerous weapon.
726
810.02(2)(c)
1st
Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
727
812.014(2)(a)2.
1st
Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
728
812.13(2)(b)
1st
Robbery with a weapon.
729
812.135(2)(c)
1st
Home-invasion robbery, no firearm, deadly weapon, or other weapon.
730
817.568(6)
2nd
Fraudulent use of personal identification information of an individual under the age of 18.
731
825.102(2)
1st
Aggravated abuse of an elderly person or disabled adult.
732
825.1025(2)
2nd
Lewd or lascivious battery upon an elderly person or disabled adult.
733
825.103(2)(a)
1st
Exploiting an elderly person or
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disabled adult and property is valued at $100,000 or more.
734
837.02(2)
2nd
Perjury in official proceedings relating to prosecution of a capital felony.
735
837.021(2)
2nd
Making contradictory statements in official proceedings relating to prosecution of a capital felony.
736
860.121(2)(c)
1st
Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
737
860.16
1st
Aircraft piracy.
738
893.13(1)(b)
1st
Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
739
893.13(2)(b)
1st
Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
740
893.13(6)(c)
1st
Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
741
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893.135(1)(a)2.
1st
Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
742
893.135 (1)(b)1.b.
1st
Trafficking in cocaine, more than 400 200 grams, less than 4 kilograms 400 grams.
743
893.135 (1)(c)1.b.
1st
Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
744
893.135 (1)(d)1.b.
1st
Trafficking in phencyclidine, more than 400 200 grams, less than 4 kilograms 400 grams.
745
893.135 (1)(e)1.b.
1st
Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
746
893.135 (1)(f)1.b.
1st
Trafficking in amphetamine, more than 200 28 grams, less than 400 200 grams.
747
893.135 (1)(g)1.b.
1st
Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
748
893.135 (1)(h)1.b.
1st
Trafficking in gamma-hydroxybutyric acid (GHB), 15 5 kilograms or more, less than 30 10 kilograms.
749
893.135 (1)(j)1.b.
1st
Trafficking in 1,4-Butanediol, 15 5 kilograms or more, less than 30 10
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kilograms.
750
893.135 (1)(k)2.b.
1st
Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
751
893.1351(3)
1st
Possession of a place used to manufacture controlled substance when minor is present or resides there.
752
895.03(1)
1st
Use or invest proceeds derived from pattern of racketeering activity.
753
895.03(2)
1st
Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
754
895.03(3)
1st
Conduct or participate in any enterprise through pattern of racketeering activity.
755
896.101(5)(b)
2nd
Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
756
896.104(4)(a)2.
2nd
Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than
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$100,000.
757
(i) LEVEL 9 758
759
Florida Statute
Felony Degree
Description
760
316.193 (3)(c)3.b.
1st
DUI manslaughter; failing to render aid or give information.
761
327.35(3)(c)3.b.
1st
BUI manslaughter; failing to render aid or give information.
762
409.920 (2)(b)1.c.
1st
Medicaid provider fraud; $50,000 or more.
763
499.0051(9)
1st
Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
764
560.123(8)(b)3.
1st
Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
765
560.125(5)(c)
1st
Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
766
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655.50(10)(b)3.
1st
Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
767
775.0844
1st
Aggravated white collar crime.
768
782.04(1)
1st
Attempt, conspire, or solicit to commit premeditated murder.
769
782.04(3)
1st,PBL
Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies.
770
782.051(1)
1st
Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
771
782.07(2)
1st
Aggravated manslaughter of an elderly person or disabled adult.
772
787.01(1)(a)1.
1st,PBL
Kidnapping; hold for ransom or reward or as a shield or hostage.
773
787.01(1)(a)2.
1st,PBL
Kidnapping with intent to commit or facilitate commission of any felony.
774
787.01(1)(a)4.
1st,PBL
Kidnapping with intent to interfere
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with performance of any governmental or political function.
775
787.02(3)(a)
1st
False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
776
790.161
1st
Attempted capital destructive device offense.
777
790.166(2)
1st,PBL
Possessing, selling, using, or attempting to use a weapon of mass destruction.
778
794.011(2)
1st
Attempted sexual battery; victim less than 12 years of age.
779
794.011(2)
Life
Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
780
794.011(4)
1st
Sexual battery; victim 12 years or older, certain circumstances.
781
794.011(8)(b)
1st
Sexual battery; engage in sexual conduct with minor 12 to 18 years by
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person in familial or custodial authority.
782
794.08(2)
1st
Female genital mutilation; victim younger than 18 years of age.
783
800.04(5)(b)
Life
Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
784
812.13(2)(a)
1st,PBL
Robbery with firearm or other deadly weapon.
785
812.133(2)(a)
1st,PBL
Carjacking; firearm or other deadly weapon.
786
812.135(2)(b)
1st
Home-invasion robbery with weapon.
787
817.568(7)
2nd, PBL
Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
788
827.03(2)
1st
Aggravated child abuse.
789
847.0145(1)
1st
Selling, or otherwise transferring custody or control, of a minor.
790
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847.0145(2)
1st
Purchasing, or otherwise obtaining custody or control, of a minor.
791
859.01
1st
Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
792
893.135
1st
Attempted capital trafficking offense.
793
893.135(1)(a)3.
1st
Trafficking in cannabis, more than 10,000 lbs.
794
893.135 (1)(b)1.c.
1st
Trafficking in cocaine, more than 4 kilograms 400 grams, less than 150 kilograms.
795
893.135 (1)(c)1.c.
1st
Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
796
893.135 (1)(d)1.c.
1st
Trafficking in phencyclidine, more than 4 kilograms 400 grams.
797
893.135 (1)(e)1.c.
1st
Trafficking in methaqualone, more than 25 kilograms.
798
893.135 (1)(f)1.c.
1st
Trafficking in amphetamine, more than 400 200 grams.
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799
893.135 (1)(h)1.c.
1st
Trafficking in gamma-hydroxybutyric acid (GHB), 30 10 kilograms or more.
800
893.135 (1)(j)1.c.
1st
Trafficking in 1,4-Butanediol, 30 10 kilograms or more.
801
893.135 (1)(k)2.c.
1st
Trafficking in Phenethylamines, 400 grams or more.
802
896.101(5)(c)
1st
Money laundering, financial instruments totaling or exceeding $100,000.
803
896.104(4)(a)3.
1st
Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
804
Section 3. For the purpose of incorporating the amendments 805 made by this act to section 893.135, Florida Statutes, in a 806 reference thereto, paragraph (a) of subsection (2) of section 807 775.087, Florida Statutes, is reenacted to read: 808
775.087 Possession or use of weapon; aggravated battery; 809 felony reclassification; minimum sentence.— 810
(2)(a)1. Any person who is convicted of a felony or an 811 attempt to commit a felony, regardless of whether the use of a 812 weapon is an element of the felony, and the conviction was for: 813
a. Murder; 814
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b. Sexual battery; 815
c. Robbery; 816
d. Burglary; 817
e. Arson; 818
f. Aggravated assault; 819
g. Aggravated battery; 820
h. Kidnapping; 821
i. Escape; 822
j. Aircraft piracy; 823
k. Aggravated child abuse; 824
l. Aggravated abuse of an elderly person or disabled adult; 825
m. Unlawful throwing, placing, or discharging of a 826 destructive device or bomb; 827
n. Carjacking; 828
o. Home-invasion robbery; 829
p. Aggravated stalking; 830
q. Trafficking in cannabis, trafficking in cocaine, capital 831 importation of cocaine, trafficking in illegal drugs, capital 832 importation of illegal drugs, trafficking in phencyclidine, 833 capital importation of phencyclidine, trafficking in 834 methaqualone, capital importation of methaqualone, trafficking 835 in amphetamine, capital importation of amphetamine, trafficking 836 in flunitrazepam, trafficking in gamma-hydroxybutyric acid 837 (GHB), trafficking in 1,4-Butanediol, trafficking in 838 Phenethylamines, or other violation of s. 893.135(1); or 839
r. Possession of a firearm by a felon 840
841
and during the commission of the offense, such person actually 842 possessed a “firearm” or “destructive device” as those terms are 843
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defined in s. 790.001, shall be sentenced to a minimum term of 844 imprisonment of 10 years, except that a person who is convicted 845 for aggravated assault, possession of a firearm by a felon, or 846 burglary of a conveyance shall be sentenced to a minimum term of 847 imprisonment of 3 years if such person possessed a “firearm” or 848 “destructive device” during the commission of the offense. 849
2. Any person who is convicted of a felony or an attempt to 850 commit a felony listed in sub-subparagraphs (a)1.a.-q., 851 regardless of whether the use of a weapon is an element of the 852 felony, and during the course of the commission of the felony 853 such person discharged a “firearm” or “destructive device” as 854 defined in s. 790.001 shall be sentenced to a minimum term of 855 imprisonment of 20 years. 856
3. Any person who is convicted of a felony or an attempt to 857 commit a felony listed in sub-subparagraphs (a)1.a.-q., 858 regardless of whether the use of a weapon is an element of the 859 felony, and during the course of the commission of the felony 860 such person discharged a “firearm” or “destructive device” as 861 defined in s. 790.001 and, as the result of the discharge, death 862 or great bodily harm was inflicted upon any person, the 863 convicted person shall be sentenced to a minimum term of 864 imprisonment of not less than 25 years and not more than a term 865 of imprisonment of life in prison. 866
Section 4. For the purpose of incorporating the amendments 867 made by this act to section 893.135, Florida Statutes, in 868 references thereto, paragraph (a) of subsection (1) and 869 subsections (3) and (4) of section 782.04, Florida Statutes, are 870 reenacted to read: 871
782.04 Murder.— 872
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(1)(a) The unlawful killing of a human being: 873
1. When perpetrated from a premeditated design to effect 874 the death of the person killed or any human being; 875
2. When committed by a person engaged in the perpetration 876 of, or in the attempt to perpetrate, any: 877
a. Trafficking offense prohibited by s. 893.135(1), 878
b. Arson, 879
c. Sexual battery, 880
d. Robbery, 881
e. Burglary, 882
f. Kidnapping, 883
g. Escape, 884
h. Aggravated child abuse, 885
i. Aggravated abuse of an elderly person or disabled adult, 886
j. Aircraft piracy, 887
k. Unlawful throwing, placing, or discharging of a 888 destructive device or bomb, 889
l. Carjacking, 890
m. Home-invasion robbery, 891
n. Aggravated stalking, 892
o. Murder of another human being, 893
p. Resisting an officer with violence to his or her person, 894
q. Felony that is an act of terrorism or is in furtherance 895 of an act of terrorism; or 896
3. Which resulted from the unlawful distribution of any 897 substance controlled under s. 893.03(1), cocaine as described in 898 s. 893.03(2)(a)4., opium or any synthetic or natural salt, 899 compound, derivative, or preparation of opium, or methadone by a 900 person 18 years of age or older, when such drug is proven to be 901
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the proximate cause of the death of the user, 902
903
is murder in the first degree and constitutes a capital felony, 904 punishable as provided in s. 775.082. 905
(3) When a person is killed in the perpetration of, or in 906 the attempt to perpetrate, any: 907
(a) Trafficking offense prohibited by s. 893.135(1), 908
(b) Arson, 909
(c) Sexual battery, 910
(d) Robbery, 911
(e) Burglary, 912
(f) Kidnapping, 913
(g) Escape, 914
(h) Aggravated child abuse, 915
(i) Aggravated abuse of an elderly person or disabled 916 adult, 917
(j) Aircraft piracy, 918
(k) Unlawful throwing, placing, or discharging of a 919 destructive device or bomb, 920
(l) Carjacking, 921
(m) Home-invasion robbery, 922
(n) Aggravated stalking, 923
(o) Murder of another human being, 924
(p) Resisting an officer with violence to his or her 925 person, or 926
(q) Felony that is an act of terrorism or is in furtherance 927 of an act of terrorism, 928
929
by a person other than the person engaged in the perpetration of 930
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or in the attempt to perpetrate such felony, the person 931 perpetrating or attempting to perpetrate such felony is guilty 932 of murder in the second degree, which constitutes a felony of 933 the first degree, punishable by imprisonment for a term of years 934 not exceeding life or as provided in s. 775.082, s. 775.083, or 935 s. 775.084. 936
(4) The unlawful killing of a human being, when perpetrated 937 without any design to effect death, by a person engaged in the 938 perpetration of, or in the attempt to perpetrate, any felony 939 other than any: 940
(a) Trafficking offense prohibited by s. 893.135(1), 941
(b) Arson, 942
(c) Sexual battery, 943
(d) Robbery, 944
(e) Burglary, 945
(f) Kidnapping, 946
(g) Escape, 947
(h) Aggravated child abuse, 948
(i) Aggravated abuse of an elderly person or disabled 949 adult, 950
(j) Aircraft piracy, 951
(k) Unlawful throwing, placing, or discharging of a 952 destructive device or bomb, 953
(l) Unlawful distribution of any substance controlled under 954 s. 893.03(1), cocaine as described in s. 893.03(2)(a)4., or 955 opium or any synthetic or natural salt, compound, derivative, or 956 preparation of opium by a person 18 years of age or older, when 957 such drug is proven to be the proximate cause of the death of 958 the user, 959
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(m) Carjacking, 960
(n) Home-invasion robbery, 961
(o) Aggravated stalking, 962
(p) Murder of another human being, 963
(q) Resisting an officer with violence to his or her 964 person, or 965
(r) Felony that is an act of terrorism or is in furtherance 966 of an act of terrorism, 967
968
is murder in the third degree and constitutes a felony of the 969 second degree, punishable as provided in s. 775.082, s. 775.083, 970 or s. 775.084. 971
Section 5. Section 893.101, Florida Statutes, is repealed. 972
Section 6. This act shall take effect July 1, 2012. 973
