Bill Text: FL S0472 | 2019 | Regular Session | Introduced
Bill Title: Death Penalty
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2019-05-03 - Died in Criminal Justice [S0472 Detail]
Download: Florida-2019-S0472-Introduced.html
Florida Senate - 2019 SB 472 By Senator Farmer 34-00229-19 2019472__ 1 A bill to be entitled 2 An act relating to the death penalty; amending s. 3 775.082, F.S.; deleting provisions specifying the 4 death penalty for capital felonies; deleting 5 provisions relating to the effect of a declaration by 6 a court of last resort that the death penalty in a 7 capital felony is unconstitutional; amending ss. 27.51 8 and 27.511, F.S.; deleting provisions relating to 9 representation in death penalty cases; amending s. 10 27.5304, F.S.; conforming provisions to changes made 11 by the act; repealing ss. 27.7001, 27.7002, 27.701, 12 27.702, 27.703, 27.704, 27.7045, 27.705, 27.706, 13 27.707, 27.708, 27.7081, 27.7091, 27.710, 27.711, and 14 27.715, F.S., relating to capital collateral 15 representation; amending ss. 23.21, 27.51, 27.511, 16 43.16, and 112.0455, F.S.; conforming provisions to 17 changes made by the act; amending s. 119.071, F.S.; 18 deleting a public records exemption relating to 19 capital collateral proceedings; amending ss. 186.003, 20 215.89, 215.985, 216.011, 282.201, and 790.25, F.S.; 21 conforming provisions to changes made by the act; 22 amending ss. 775.15 and 790.161, F.S.; deleting 23 provisions relating to the effect of a declaration by 24 a court of last resort that the death penalty in a 25 capital felony is unconstitutional; repealing s. 26 913.13, F.S., relating to jurors in capital cases; 27 repealing s. 921.137, F.S., relating to prohibiting 28 the imposition of the death sentence upon a defendant 29 with an intellectual disability; repealing s. 921.141, 30 F.S., relating to determination of whether to impose a 31 sentence of death or life imprisonment for a capital 32 felony; repealing s. 921.142, F.S., relating to 33 determination of whether to impose a sentence of death 34 or life imprisonment for a capital drug trafficking 35 felony; amending ss. 775.021, 782.04, 775.30, 394.912, 36 782.065, 794.011, 893.135, 944.275, and 948.012, F.S.; 37 conforming provisions to changes made by the act; 38 repealing ss. 922.052, 922.06, 922.07, 922.08, 39 922.095, 922.10, 922.105, 922.108, 922.11, 922.111, 40 922.12, 922.14, 922.15, 924.055, 924.056, and 924.057, 41 F.S., relating to issuance of warrant of execution, 42 stay of execution of death sentence, proceedings when 43 a person under sentence of death appears to be insane, 44 proceedings when a person under sentence of death 45 appears to be pregnant, pursuit of collateral 46 remedies, execution of death sentence, prohibition 47 against reduction of death sentence as a result of 48 determination that a method of execution is 49 unconstitutional, sentencing orders in capital cases, 50 regulation of execution, transfer to state prison for 51 safekeeping before death warrant issued, return of 52 warrant of execution issued by the Governor, sentence 53 of death unexecuted for unjustifiable reasons, return 54 of warrant of execution issued by the Supreme Court, 55 legislative intent concerning appeals and 56 postconviction proceedings in death penalty cases, 57 commencement of capital postconviction actions for 58 which sentence of death is imposed on or after January 59 14, 2000, and limitation on postconviction cases in 60 which the death sentence was imposed before January 61 14, 2000, respectively; amending s. 925.11, F.S.; 62 deleting provisions relating to preservation of DNA 63 evidence in death penalty cases; amending s. 945.10, 64 F.S.; deleting a public records exemption for the 65 identity of executioners; providing an effective date. 66 67 Be It Enacted by the Legislature of the State of Florida: 68 69 Section 1. Paragraph (a) of subsection (1) and subsection 70 (2) of section 775.082, Florida Statutes, are amended to read: 71 775.082 Penalties; applicability of sentencing structures; 72 mandatory minimum sentences for certain reoffenders previously 73 released from prison.— 74 (1)(a)Except as provided in paragraph (b),A person who 75 has been convicted of a capital felony shall be punished by 76death if the proceeding held to determine sentence according to77the procedure set forth in s. 921.141 results in a determination78that such person shall be punished by death, otherwise such79person shall be punished bylife imprisonment and shall be 80 ineligible for parole. 81(2)In the event the death penalty in a capital felony is82held to be unconstitutional by the Florida Supreme Court or the83United States Supreme Court, the court having jurisdiction over84a person previously sentenced to death for a capital felony85shall cause such person to be brought before the court, and the86court shall sentence such person to life imprisonment as87provided in subsection (1). No sentence of death shall be88reduced as a result of a determination that a method of89execution is held to be unconstitutional under the State90Constitution or the Constitution of the United States.91 Section 2. Paragraphs (d), (e), and (f) of subsection (1) 92 of section 27.51, Florida Statutes, are amended to read: 93 27.51 Duties of public defender.— 94 (1) The public defender shall represent, without additional 95 compensation, any person determined to be indigent under s. 96 27.52 and: 97 (d) Sought by petition filed in such court to be 98 involuntarily placed as a mentally ill person under part I of 99 chapter 394, involuntarily committed as a sexually violent 100 predator under part V of chapter 394, or involuntarily admitted 101 to residential services as a person with developmental 102 disabilities under chapter 393. A public defender shall not 103 represent any plaintiff in a civil action brought under the 104 Florida Rules of Civil Procedure, the Federal Rules of Civil 105 Procedure, or the federal statutes, or represent a petitioner in 106 a rule challenge under chapter 120, unless specifically 107 authorized by statute; or 108(e)Convicted and sentenced to death, for purposes of109handling an appeal to the Supreme Court; or110 (e)(f)Who is appealing a matter in a case arising under 111 paragraphs (a)-(d). 112 Section 3. Paragraphs (e), (f), and (g) of subsection (5) 113 and subsection (8) of section 27.511, Florida Statutes, are 114 amended to read: 115 27.511 Offices of criminal conflict and civil regional 116 counsel; legislative intent; qualifications; appointment; 117 duties.— 118 (5) When the Office of the Public Defender, at any time 119 during the representation of two or more defendants, determines 120 that the interests of those accused are so adverse or hostile 121 that they cannot all be counseled by the public defender or his 122 or her staff without a conflict of interest, or that none can be 123 counseled by the public defender or his or her staff because of 124 a conflict of interest, and the court grants the public 125 defender’s motion to withdraw, the office of criminal conflict 126 and civil regional counsel shall be appointed and shall provide 127 legal services, without additional compensation, to any person 128 determined to be indigent under s. 27.52, who is: 129(e)Convicted and sentenced to death, for purposes of130handling an appeal to the Supreme Court;131 (e)(f)Appealing a matter in a case arising under 132 paragraphs (a)-(d); or 133 (f)(g)Seeking correction, reduction, or modification of a 134 sentence under Rule 3.800, Florida Rules of Criminal Procedure, 135 or seeking postconviction relief under Rule 3.850, Florida Rules 136 of Criminal Procedure, if, in either case, the court determines 137 that appointment of counsel is necessary to protect a person’s 138 due process rights. 139 (8) The public defender for the judicial circuit specified 140 in s. 27.51(4) shall, after the record on appeal is transmitted 141 to the appellate court by the office of criminal conflict and 142 civil regional counsel which handled the trial and if requested 143 by the regional counsel for the indicated appellate district, 144 handle all circuit court appeals authorized pursuant to 145 paragraph (5)(e)(f)within the state courts system and any 146 authorized appeals to the federal courts required of the 147 official making the request. If the public defender certifies to 148 the court that the public defender has a conflict consistent 149 with the criteria prescribed in s. 27.5303 and moves to 150 withdraw, the regional counsel shall handle the appeal, unless 151 the regional counsel has a conflict, in which case the court 152 shall appoint private counsel pursuant to s. 27.40. 153 Section 4. Subsection (13) of section 27.5304, Florida 154 Statutes, is amended to read: 155 27.5304 Private court-appointed counsel; compensation; 156 notice.— 157 (13) Notwithstanding the limitation set forth in subsection 158 (5) and for the 2018-2019 fiscal year only, the compensation for 159 representation in a criminal proceeding may not exceed the 160 following: 161 (a) For misdemeanors and juveniles represented at the trial 162 level: $1,000. 163 (b) For noncapital, nonlife felonies represented at the 164 trial level: $15,000. 165 (c) For life felonies represented at the trial level: 166 $15,000. 167(d)For capital cases represented at the trial level:168$25,000. For purposes of this paragraph, a “capital case” is any169offense for which the potential sentence is death and the state170has not waived seeking the death penalty.171 (d)(e)For representation on appeal: $9,000. 172 (e)(f)This subsection expires July 1, 2019. 173 Section 5. Part IV of chapter 27, titled “CAPITAL 174 COLLATERAL REPRESENTATION,” consisting of sections 27.7001, 175 27.7002, 27.701, 27.702, 27.703, 27.704, 27.7045, 27.705, 176 27.706, 27.707, 27.708, 27.7081, 27.7091, 27.710, 27.711, and 177 27.715, Florida Statutes, is repealed. 178 Section 6. Subsection (1) of section 23.21, Florida 179 Statutes, is amended to read: 180 23.21 Definitions.—For purposes of this part: 181 (1) “Department” means a principal administrative unit 182 within the executive branch of state government as defined in 183 chapter 20 and includes the State Board of Administration, the 184 Executive Office of the Governor, the Fish and Wildlife 185 Conservation Commission, the Florida Commission on Offender 186 Review, the Agency for Health Care Administration, the State 187 Board of Education, the Board of Governors of the State 188 University System, the Justice Administrative Commission,the189capital collateral regional counsel,and separate budget 190 entities placed for administrative purposes within a department. 191 Section 7. Paragraph (a) of subsection (5) of section 192 27.51, Florida Statutes, is amended to read: 193 27.51 Duties of public defender.— 194 (5)(a)When direct appellate proceedings prosecuted by a195public defender on behalf of an accused and challenging a196judgment of conviction and sentence of death terminate in an197affirmance of such conviction and sentence, whether by the198Florida Supreme Court or by the United States Supreme Court or199by expiration of any deadline for filing such appeal in a state200or federal court, the public defender shall notify the accused201of his or her rights pursuant to Rule 3.851, Florida Rules of202Criminal Procedure, including any time limits pertinent thereto,203and shall advise such person that representation in any204collateral proceedings is the responsibility of the capital205collateral regional counsel. The public defender shall then206forward all original files on the matter to the capital207collateral regional counsel, retaining such copies for his or208her files as may be desired.209 Section 8. Subsection (9) of section 27.511, Florida 210 Statutes, is amended to read: 211 27.511 Offices of criminal conflict and civil regional 212 counsel; legislative intent; qualifications; appointment; 213 duties.— 214(9)When direct appellate proceedings prosecuted by the215office of criminal conflict and civil regional counsel on behalf216of an accused and challenging a judgment of conviction and217sentence of death terminate in an affirmance of such conviction218and sentence, whether by the Supreme Court or by the United219States Supreme Court or by expiration of any deadline for filing220such appeal in a state or federal court, the office of criminal221conflict and civil regional counsel shall notify the accused of222his or her rights pursuant to Rule 3.851, Florida Rules of223Criminal Procedure, including any time limits pertinent thereto,224and shall advise such person that representation in any225collateral proceedings is the responsibility of the capital226collateral regional counsel. The office of criminal conflict and227civil regional counsel shall forward all original files on the228matter to the capital collateral regional counsel, retaining229such copies for his or her files as may be desired or required230by law.231 Section 9. Paragraph (a) of subsection (5) and subsection 232 (6) of section 43.16, Florida Statutes, are amended to read: 233 43.16 Justice Administrative Commission; membership, powers 234 and duties.— 235 (5) The duties of the commission shall include, but not be 236 limited to, the following: 237 (a) The maintenance of a central state office for 238 administrative services and assistance when possible to and on 239 behalf of the state attorneys and public defenders of Florida, 240the capital collateral regional counsel of Florida,the criminal 241 conflict and civil regional counsel, and the Guardian Ad Litem 242 Program. 243 (6) The provisions contained in this section shall be 244 supplemental to those of chapter 27, relating to state 245 attorneys, public defenders, and criminal conflict and civil 246 regional counsel, and capital collateral regional counsel; to 247 those of chapter 39, relating to the Guardian Ad Litem Program; 248 or to other laws pertaining hereto. 249 Section 10. Paragraph (e) of subsection (13) of section 250 112.0455, Florida Statutes, is amended to read: 251 112.0455 Drug-Free Workplace Act.— 252 (13) RULES.— 253 (e) The Justice Administrative Commission may adopt rules 254 on behalf of the state attorneys and public defenders of 255 Florida, thecapital collateral regional counsel,and the 256 Judicial Qualifications Commission. 257 258 This section shall not be construed to eliminate the bargainable 259 rights as provided in the collective bargaining process where 260 applicable. 261 Section 11. Paragraph (d) of subsection (1) of section 262 119.071, Florida Statutes, is amended to read: 263 119.071 General exemptions from inspection or copying of 264 public records.— 265 (1) AGENCY ADMINISTRATION.— 266 (d)1. A public record that was prepared by an agency 267 attorney (including an attorney employed or retained by the 268 agency or employed or retained by another public officer or 269 agency to protect or represent the interests of the agency 270 having custody of the record) or prepared at the attorney’s 271 express direction, that reflects a mental impression, 272 conclusion, litigation strategy, or legal theory of the attorney 273 or the agency, and that was prepared exclusively for civil or 274 criminal litigation or for adversarial administrative 275 proceedings, or that was prepared in anticipation of imminent 276 civil or criminal litigation or imminent adversarial 277 administrative proceedings, is exempt from s. 119.07(1) and s. 278 24(a), Art. I of the State Constitution until the conclusion of 279 the litigation or adversarial administrative proceedings.For280purposes of capital collateral litigation as set forth in s.28127.7001, the Attorney General’s office is entitled to claim this282exemption for those public records prepared for direct appeal as283well as for all capital collateral litigation after direct284appeal until execution of sentence or imposition of a life285sentence.286 2. This exemption is not waived by the release of such 287 public record to another public employee or officer of the same 288 agency or any person consulted by the agency attorney. When 289 asserting the right to withhold a public record pursuant to this 290 paragraph, the agency shall identify the potential parties to 291 any such criminal or civil litigation or adversarial 292 administrative proceedings. If a court finds that the document 293 or other record has been improperly withheld under this 294 paragraph, the party seeking access to such document or record 295 shall be awarded reasonable attorney’s fees and costs in 296 addition to any other remedy ordered by the court. 297 Section 12. Subsection (6) of section 186.003, Florida 298 Statutes, is amended to read: 299 186.003 Definitions; ss. 186.001-186.031, 186.801-186.901. 300 As used in ss. 186.001-186.031 and 186.801-186.901, the term: 301 (6) “State agency” or “agency” means any official, officer, 302 commission, board, authority, council, committee, or department 303 of the executive branch of state government. For purposes of 304 this chapter, “state agency” or “agency” includes state 305 attorneys, public defenders,the capital collateral regional306counsel,the Justice Administrative Commission, and the Public 307 Service Commission. 308 Section 13. Paragraph (b) of subsection (2) of section 309 215.89, Florida Statutes, is amended to read: 310 215.89 Charts of account.— 311 (2) DEFINITIONS.—As used in this section, the term: 312 (b) “State agency” means an official, officer, commission, 313 board, authority, council, committee, or department of the 314 executive branch; a state attorney, public defender, or criminal 315 conflict and civil regional counsel, or capital collateral316regional counsel; the Florida Clerks of Court Operations 317 Corporation; the Justice Administrative Commission; the Florida 318 Housing Finance Corporation; the Florida Public Service 319 Commission; the State Board of Administration; the Supreme Court 320 or a district court of appeal, circuit court, or county court; 321 or the Judicial Qualifications Commission. 322 Section 14. Paragraph (h) of subsection (14) of section 323 215.985, Florida Statutes, is amended to read: 324 215.985 Transparency in government spending.— 325 (14) The Chief Financial Officer shall establish and 326 maintain a secure contract tracking system available for viewing 327 and downloading by the public through a secure website. The 328 Chief Financial Officer shall use appropriate Internet security 329 measures to ensure that no person has the ability to alter or 330 modify records available on the website. 331 (h) For purposes of this subsection, the term: 332 1. “Procurement document” means any document or material 333 provided to the public or any vendor as part of a formal 334 competitive solicitation of goods or services undertaken by a 335 state entity, and a document or material submitted in response 336 to a formal competitive solicitation by any vendor who is 337 awarded the resulting contract. 338 2. “State entity” means an official, officer, commission, 339 board, authority, council, committee, or department of the 340 executive branch of state government; a state attorney, public 341 defender, criminal conflict and civil regional counsel,capital342collateral regional counsel,and the Justice Administrative 343 Commission; the Public Service Commission; and any part of the 344 judicial branch of state government. 345 Section 15. Paragraph (qq) of subsection (1) of section 346 216.011, Florida Statutes, is amended to read: 347 216.011 Definitions.— 348 (1) For the purpose of fiscal affairs of the state, 349 appropriations acts, legislative budgets, and approved budgets, 350 each of the following terms has the meaning indicated: 351 (qq) “State agency” or “agency” means any official, 352 officer, commission, board, authority, council, committee, or 353 department of the executive branch of state government. For 354 purposes of this chapter and chapter 215, “state agency” or 355 “agency” includes, but is not limited to, state attorneys, 356 public defenders, criminal conflict and civil regional counsel, 357capital collateral regional counsel,the Justice Administrative 358 Commission, the Florida Housing Finance Corporation, and the 359 Florida Public Service Commission. Solely for the purposes of 360 implementing s. 19(h), Art. III of the State Constitution, the 361 terms “state agency” or “agency” include the judicial branch. 362 Section 16. Paragraph (c) of subsection (4) of section 363 282.201, Florida Statutes, is amended to read: 364 282.201 State data center.—The state data center is 365 established within the Agency for State Technology and shall 366 provide data center services that are hosted on premises or 367 externally through a third-party provider as an enterprise 368 information technology service. The provision of data center 369 services must comply with applicable state and federal laws, 370 regulations, and policies, including all applicable security, 371 privacy, and auditing requirements. 372 (4) SCHEDULE FOR CONSOLIDATIONS OF AGENCY DATA CENTERS.— 373 (c) The following are exempt from state data center 374 consolidation under this section: the Department of Law 375 Enforcement, the Department of the Lottery’s Gaming System, 376 Systems Design and Development in the Office of Policy and 377 Budget, the regional traffic management centers as described in 378 s. 335.14(2) and the Office of Toll Operations of the Department 379 of Transportation, the State Board of Administration, state 380 attorneys, public defenders, criminal conflict and civil 381 regional counsel,capital collateral regional counsel,and the 382 Florida Housing Finance Corporation. 383 Section 17. Paragraph (p) of subsection (3) of section 384 790.25, Florida Statutes, is amended to read: 385 790.25 Lawful ownership, possession, and use of firearms 386 and other weapons.— 387 (3) LAWFUL USES.—The provisions of ss. 790.053 and 790.06 388 do not apply in the following instances, and, despite such 389 sections, it is lawful for the following persons to own, 390 possess, and lawfully use firearms and other weapons, 391 ammunition, and supplies for lawful purposes: 392(p)Investigators employed by the capital collateral393regional counsel, while actually carrying out official duties,394provided such investigators:3951.Are employed full time;3962.Meet the official training standards for firearms as397established by the Criminal Justice Standards and Training398Commission as provided in s. 943.12(1) and the requirements of399ss. 493.6108(1)(a) and 943.13(1)-(4); and4003.Are individually designated by an affidavit of consent401signed by the capital collateral regional counsel and filed with402the clerk of the circuit court in the county in which the403investigator is headquartered.404 Section 18. Subsection (1) of section 775.15, Florida 405 Statutes, is amended to read: 406 775.15 Time limitations; general time limitations; 407 exceptions.— 408 (1) A prosecution for a capital felony, a life felony, or a 409 felony that resulted in a death may be commenced at any time.If410the death penalty is held to be unconstitutional by the Florida411Supreme Court or the United States Supreme Court, all crimes412designated as capital felonies shall be considered life felonies413for the purposes of this section, and prosecution for such414crimes may be commenced at any time.415 Section 19. Subsection (4) of section 790.161, Florida 416 Statutes, is amended to read: 417 790.161 Making, possessing, throwing, projecting, placing, 418 or discharging any destructive device or attempt so to do, 419 felony; penalties.—A person who willfully and unlawfully makes, 420 possesses, throws, projects, places, discharges, or attempts to 421 make, possess, throw, project, place, or discharge any 422 destructive device: 423 (4) If the act results in the death of another person, 424 commits a capital felony, punishable as provided in s. 775.082. 425In the event the death penalty in a capital felony is held to be426unconstitutional by the Florida Supreme Court or the United427States Supreme Court, the court having jurisdiction over a428person previously sentenced to death for a capital felony shall429cause such person to be brought before the court, and the court430shall sentence such person to life imprisonment if convicted of431murder in the first degree or of a capital felony under this432subsection, and such person shall be ineligible for parole. No433sentence of death shall be reduced as a result of a434determination that a method of execution is held to be435unconstitutional under the State Constitution or the436Constitution of the United States.437 Section 20. Sections 913.13, 921.137, 921.141, and 921.142, 438 Florida Statutes, are repealed. 439 Section 21. Paragraph (c) of subsection (5) of section 440 775.021, Florida Statutes, is amended to read: 441 775.021 Rules of construction.— 442 (5) Whoever commits an act that violates a provision of 443 this code or commits a criminal offense defined by another 444 statute and thereby causes the death of, or bodily injury to, an 445 unborn child commits a separate offense if the provision or 446 statute does not otherwise specifically provide a separate 447 offense for such death or injury to an unborn child. 448(c)Notwithstanding any other provision of law, the death449penalty may not be imposed for an offense under this subsection.450 Section 22. Subsection (1) of section 782.04, Florida 451 Statutes, is amended to read: 452 782.04 Murder.— 453 (1)(a)The unlawful killing of a human being: 454 (a)1.When perpetrated from a premeditated design to effect 455 the death of the person killed or any human being; 456 (b)2.When committed by a person engaged in the 457 perpetration of, or in the attempt to perpetrate, any: 458 1.a.Trafficking offense prohibited by s. 893.135(1), 459 2.b.Arson, 460 3.c.Sexual battery, 461 4.d.Robbery, 462 5.e.Burglary, 463 6.f.Kidnapping, 464 7.g.Escape, 465 8.h.Aggravated child abuse, 466 9.i.Aggravated abuse of an elderly person or disabled 467 adult, 468 10.j.Aircraft piracy, 469 11.k.Unlawful throwing, placing, or discharging of a 470 destructive device or bomb, 471 12.l.Carjacking, 472 13.m.Home-invasion robbery, 473 14.n.Aggravated stalking, 474 15.o.Murder of another human being, 475 16.p.Resisting an officer with violence to his or her 476 person, 477 17.q.Aggravated fleeing or eluding with serious bodily 478 injury or death, 479 18.r.Felony that is an act of terrorism or is in 480 furtherance of an act of terrorism, including a felony under s. 481 775.30, s. 775.32, s. 775.33, s. 775.34, or s. 775.35, or 482 19.s.Human trafficking; or 483 (c)3.Which resulted from the unlawful distribution by a 484 person 18 years of age or older of any of the following 485 substances, or mixture containing any of the following 486 substances, when such substance or mixture is proven to be the 487 proximate cause of the death of the user: 488 1.a.A substance controlled under s. 893.03(1); 489 2.b.Cocaine, as described in s. 893.03(2)(a)4.; 490 3.c.Opium or any synthetic or natural salt, compound, 491 derivative, or preparation of opium; 492 4.d.Methadone; 493 5.e.Alfentanil, as described in s. 893.03(2)(b)1.; 494 6.f.Carfentanil, as described in s. 893.03(2)(b)6.; 495 7.g.Fentanyl, as described in s. 893.03(2)(b)9.; 496 8.h.Sufentanil, as described in s. 893.03(2)(b)30.; or 497 9.i.A controlled substance analog, as described in s. 498 893.0356, of any substance specified in subparagraphs 1.-8.sub499subparagraphs a.-h., 500 501 is murder in the first degree and constitutes a capital felony, 502 punishable as provided in s. 775.082. 503(b)In all cases under this section, the procedure set504forth in s. 921.141 shall be followed in order to determine505sentence of death or life imprisonment. If the prosecutor506intends to seek the death penalty, the prosecutor must give507notice to the defendant and file the notice with the court508within 45 days after arraignment. The notice must contain a list509of the aggravating factors the state intends to prove and has510reason to believe it can prove beyond a reasonable doubt. The511court may allow the prosecutor to amend the notice upon a512showing of good cause.513 Section 23. Subsection (2) of section 775.30, Florida 514 Statutes, is amended to read: 515 775.30 Terrorism; defined; penalties.— 516 (2) A person who violates s. 782.04(1)(a)s. 782.04(1)(a)1.517 or (2), s. 782.065, s. 782.07(1), s. 782.09, s. 784.045, s. 518 784.07, s. 787.01, s. 787.02, s. 787.07, s. 790.115, s. 790.15, 519 s. 790.16, s. 790.161, s. 790.1615, s. 790.162, s. 790.166, s. 520 790.19, s. 806.01, s. 806.031, s. 806.111, s. 815.06, s. 521 815.061, s. 859.01, or s. 876.34, in furtherance of intimidating 522 or coercing the policy of a government, or in furtherance of 523 affecting the conduct of a government by mass destruction, 524 assassination, or kidnapping, commits the crime of terrorism, a 525 felony of the first degree, punishable as provided in s. 526 775.082, s. 775.083, or s. 775.084. 527 Section 24. Paragraph (a) of subsection (9) of section 528 394.912, Florida Statutes, is amended to read: 529 394.912 Definitions.—As used in this part, the term: 530 (9) “Sexually violent offense” means: 531 (a) Murder of a human being while engaged in sexual battery 532 in violation of s. 782.04(1)(b)s. 782.04(1)(a)2.; 533 Section 25. Subsection (1) of section 782.065, Florida 534 Statutes, is amended to read: 535 782.065 Murder; law enforcement officer, correctional 536 officer, correctional probation officer.—Notwithstanding ss. 537 775.082, 775.0823, 782.04, 782.051, and chapter 921, a defendant 538 shall be sentenced to life imprisonment without eligibility for 539 release upon findings by the trier of fact that, beyond a 540 reasonable doubt: 541 (1) The defendant committed murder in the first degree in 542 violation of s. 782.04(1) and a death sentence was not imposed; 543 murder in the second or third degree in violation of s. 544 782.04(2), (3), or (4); attempted murder in the first or second 545 degree in violation of s. 782.04(1)(a)s. 782.04(1)(a)1.or (2); 546 or attempted felony murder in violation of s. 782.051; and 547 Section 26. Paragraph (a) of subsection (2) of section 548 794.011, Florida Statutes, is amended to read: 549 794.011 Sexual battery.— 550 (2)(a) A person 18 years of age or older who commits sexual 551 battery upon, or in an attempt to commit sexual battery injures 552 the sexual organs of, a person less than 12 years of age commits 553 a capital felony, punishable as provided in s. 775.082ss.554775.082 and 921.141. 555 Section 27. Paragraphs (b) through (l) and paragraph (n) of 556 subsection (1) of section 893.135, Florida Statutes, are amended 557 to read: 558 893.135 Trafficking; mandatory sentences; suspension or 559 reduction of sentences; conspiracy to engage in trafficking.— 560 (1) Except as authorized in this chapter or in chapter 499 561 and notwithstanding the provisions of s. 893.13: 562 (b)1. Any person who knowingly sells, purchases, 563 manufactures, delivers, or brings into this state, or who is 564 knowingly in actual or constructive possession of, 28 grams or 565 more of cocaine, as described in s. 893.03(2)(a)4., or of any 566 mixture containing cocaine, but less than 150 kilograms of 567 cocaine or any such mixture, commits a felony of the first 568 degree, which felony shall be known as “trafficking in cocaine,” 569 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 570 If the quantity involved: 571 a. Is 28 grams or more, but less than 200 grams, such 572 person shall be sentenced to a mandatory minimum term of 573 imprisonment of 3 years, and the defendant shall be ordered to 574 pay a fine of $50,000. 575 b. Is 200 grams or more, but less than 400 grams, such 576 person shall be sentenced to a mandatory minimum term of 577 imprisonment of 7 years, and the defendant shall be ordered to 578 pay a fine of $100,000. 579 c. Is 400 grams or more, but less than 150 kilograms, such 580 person shall be sentenced to a mandatory minimum term of 581 imprisonment of 15 calendar years and pay a fine of $250,000. 582 2. Any person who knowingly sells, purchases, manufactures, 583 delivers, or brings into this state, or who is knowingly in 584 actual or constructive possession of, 150 kilograms or more of 585 cocaine, as described in s. 893.03(2)(a)4., commits the first 586 degree felony of trafficking in cocaine. A person who has been 587 convicted of the first degree felony of trafficking in cocaine 588 under this subparagraph shall be punished by life imprisonment 589 and is ineligible for any form of discretionary early release 590 except pardon or executive clemency or conditional medical 591 release under s. 947.149. However, if the court determines that, 592 in addition to committing any act specified in this paragraph: 593 a. The person intentionally killed an individual or 594 counseled, commanded, induced, procured, or caused the 595 intentional killing of an individual and such killing was the 596 result; or 597 b. The person’s conduct in committing that act led to a 598 natural, though not inevitable, lethal result, 599 600 such person commits the capital felony of trafficking in 601 cocaine, punishable as provided in s. 775.082ss. 775.082 and602921.142. Any person sentenced for a capital felony under this 603 paragraph shall also be sentenced to pay the maximum fine 604 provided under subparagraph 1. 605 3. Any person who knowingly brings into this state 300 606 kilograms or more of cocaine, as described in s. 893.03(2)(a)4., 607 and who knows that the probable result of such importation would 608 be the death of any person, commits capital importation of 609 cocaine, a capital felony punishable as provided in s. 775.082 610ss. 775.082 and 921.142. Any person sentenced for a capital 611 felony under this paragraph shall also be sentenced to pay the 612 maximum fine provided under subparagraph 1. 613 (c)1. A person who knowingly sells, purchases, 614 manufactures, delivers, or brings into this state, or who is 615 knowingly in actual or constructive possession of, 4 grams or 616 more of any morphine, opium, hydromorphone, or any salt, 617 derivative, isomer, or salt of an isomer thereof, including 618 heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or 619 (3)(c)4., or 4 grams or more of any mixture containing any such 620 substance, but less than 30 kilograms of such substance or 621 mixture, commits a felony of the first degree, which felony 622 shall be known as “trafficking in illegal drugs,” punishable as 623 provided in s. 775.082, s. 775.083, or s. 775.084. If the 624 quantity involved: 625 a. Is 4 grams or more, but less than 14 grams, such person 626 shall be sentenced to a mandatory minimum term of imprisonment 627 of 3 years and shall be ordered to pay a fine of $50,000. 628 b. Is 14 grams or more, but less than 28 grams, such person 629 shall be sentenced to a mandatory minimum term of imprisonment 630 of 15 years and shall be ordered to pay a fine of $100,000. 631 c. Is 28 grams or more, but less than 30 kilograms, such 632 person shall be sentenced to a mandatory minimum term of 633 imprisonment of 25 years and shall be ordered to pay a fine of 634 $500,000. 635 2. A person who knowingly sells, purchases, manufactures, 636 delivers, or brings into this state, or who is knowingly in 637 actual or constructive possession of, 14 grams or more of 638 hydrocodone, as described in s. 893.03(2)(a)1.k., codeine, as 639 described in s. 893.03(2)(a)1.g., or any salt thereof, or 14 640 grams or more of any mixture containing any such substance, 641 commits a felony of the first degree, which felony shall be 642 known as “trafficking in hydrocodone,” punishable as provided in 643 s. 775.082, s. 775.083, or s. 775.084. If the quantity involved: 644 a. Is 14 grams or more, but less than 28 grams, such person 645 shall be sentenced to a mandatory minimum term of imprisonment 646 of 3 years and shall be ordered to pay a fine of $50,000. 647 b. Is 28 grams or more, but less than 50 grams, such person 648 shall be sentenced to a mandatory minimum term of imprisonment 649 of 7 years and shall be ordered to pay a fine of $100,000. 650 c. Is 50 grams or more, but less than 200 grams, such 651 person shall be sentenced to a mandatory minimum term of 652 imprisonment of 15 years and shall be ordered to pay a fine of 653 $500,000. 654 d. Is 200 grams or more, but less than 30 kilograms, such 655 person shall be sentenced to a mandatory minimum term of 656 imprisonment of 25 years and shall be ordered to pay a fine of 657 $750,000. 658 3. A person who knowingly sells, purchases, manufactures, 659 delivers, or brings into this state, or who is knowingly in 660 actual or constructive possession of, 7 grams or more of 661 oxycodone, as described in s. 893.03(2)(a)1.q., or any salt 662 thereof, or 7 grams or more of any mixture containing any such 663 substance, commits a felony of the first degree, which felony 664 shall be known as “trafficking in oxycodone,” punishable as 665 provided in s. 775.082, s. 775.083, or s. 775.084. If the 666 quantity involved: 667 a. Is 7 grams or more, but less than 14 grams, such person 668 shall be sentenced to a mandatory minimum term of imprisonment 669 of 3 years and shall be ordered to pay a fine of $50,000. 670 b. Is 14 grams or more, but less than 25 grams, such person 671 shall be sentenced to a mandatory minimum term of imprisonment 672 of 7 years and shall be ordered to pay a fine of $100,000. 673 c. Is 25 grams or more, but less than 100 grams, such 674 person shall be sentenced to a mandatory minimum term of 675 imprisonment of 15 years and shall be ordered to pay a fine of 676 $500,000. 677 d. Is 100 grams or more, but less than 30 kilograms, such 678 person shall be sentenced to a mandatory minimum term of 679 imprisonment of 25 years and shall be ordered to pay a fine of 680 $750,000. 681 4.a. A person who knowingly sells, purchases, manufactures, 682 delivers, or brings into this state, or who is knowingly in 683 actual or constructive possession of, 4 grams or more of: 684 (I) Alfentanil, as described in s. 893.03(2)(b)1.; 685 (II) Carfentanil, as described in s. 893.03(2)(b)6.; 686 (III) Fentanyl, as described in s. 893.03(2)(b)9.; 687 (IV) Sufentanil, as described in s. 893.03(2)(b)30.; 688 (V) A fentanyl derivative, as described in s. 689 893.03(1)(a)62.; 690 (VI) A controlled substance analog, as described in s. 691 893.0356, of any substance described in sub-sub-subparagraphs 692 (I)-(V); or 693 (VII) A mixture containing any substance described in sub 694 sub-subparagraphs (I)-(VI), 695 696 commits a felony of the first degree, which felony shall be 697 known as “trafficking in fentanyl,” punishable as provided in s. 698 775.082, s. 775.083, or s. 775.084. 699 b. If the quantity involved under sub-subparagraph a.: 700 (I) Is 4 grams or more, but less than 14 grams, such person 701 shall be sentenced to a mandatory minimum term of imprisonment 702 of 3 years, and shall be ordered to pay a fine of $50,000. 703 (II) Is 14 grams or more, but less than 28 grams, such 704 person shall be sentenced to a mandatory minimum term of 705 imprisonment of 15 years, and shall be ordered to pay a fine of 706 $100,000. 707 (III) Is 28 grams or more, such person shall be sentenced 708 to a mandatory minimum term of imprisonment of 25 years, and 709 shall be ordered to pay a fine of $500,000. 710 5. A person who knowingly sells, purchases, manufactures, 711 delivers, or brings into this state, or who is knowingly in 712 actual or constructive possession of, 30 kilograms or more of 713 any morphine, opium, oxycodone, hydrocodone, codeine, 714 hydromorphone, or any salt, derivative, isomer, or salt of an 715 isomer thereof, including heroin, as described in s. 716 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or 717 more of any mixture containing any such substance, commits the 718 first degree felony of trafficking in illegal drugs. A person 719 who has been convicted of the first degree felony of trafficking 720 in illegal drugs under this subparagraph shall be punished by 721 life imprisonment and is ineligible for any form of 722 discretionary early release except pardon or executive clemency 723 or conditional medical release under s. 947.149. However, if the 724 court determines that, in addition to committing any act 725 specified in this paragraph: 726 a. The person intentionally killed an individual or 727 counseled, commanded, induced, procured, or caused the 728 intentional killing of an individual and such killing was the 729 result; or 730 b. The person’s conduct in committing that act led to a 731 natural, though not inevitable, lethal result, 732 733 such person commits the capital felony of trafficking in illegal 734 drugs, punishable as provided in s. 775.085ss. 775.082 and735921.142. A person sentenced for a capital felony under this 736 paragraph shall also be sentenced to pay the maximum fine 737 provided under subparagraph 1. 738 6. A person who knowingly brings into this state 60 739 kilograms or more of any morphine, opium, oxycodone, 740 hydrocodone, codeine, hydromorphone, or any salt, derivative, 741 isomer, or salt of an isomer thereof, including heroin, as 742 described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 743 60 kilograms or more of any mixture containing any such 744 substance, and who knows that the probable result of such 745 importation would be the death of a person, commits capital 746 importation of illegal drugs, a capital felony punishable as 747 provided in s. 775.082ss. 775.082 and 921.142. A person 748 sentenced for a capital felony under this paragraph shall also 749 be sentenced to pay the maximum fine provided under subparagraph 750 1. 751 (d)1. Any person who knowingly sells, purchases, 752 manufactures, delivers, or brings into this state, or who is 753 knowingly in actual or constructive possession of, 28 grams or 754 more of phencyclidine, as described in s. 893.03(2)(b)23., a 755 substituted phenylcyclohexylamine, as described in s. 756 893.03(1)(c)195., or a substance described in s. 757 893.03(1)(c)13., 32., 38., 103., or 146., or of any mixture 758 containing phencyclidine, as described in s. 893.03(2)(b)23., a 759 substituted phenylcyclohexylamine, as described in s. 760 893.03(1)(c)195., or a substance described in s. 761 893.03(1)(c)13., 32., 38., 103., or 146., commits a felony of 762 the first degree, which felony shall be known as “trafficking in 763 phencyclidine,” punishable as provided in s. 775.082, s. 764 775.083, or s. 775.084. If the quantity involved: 765 a. Is 28 grams or more, but less than 200 grams, such 766 person shall be sentenced to a mandatory minimum term of 767 imprisonment of 3 years, and the defendant shall be ordered to 768 pay a fine of $50,000. 769 b. Is 200 grams or more, but less than 400 grams, such 770 person shall be sentenced to a mandatory minimum term of 771 imprisonment of 7 years, and the defendant shall be ordered to 772 pay a fine of $100,000. 773 c. Is 400 grams or more, such person shall be sentenced to 774 a mandatory minimum term of imprisonment of 15 calendar years 775 and pay a fine of $250,000. 776 2. Any person who knowingly brings into this state 800 777 grams or more of phencyclidine, as described in s. 778 893.03(2)(b)23., a substituted phenylcyclohexylamine, as 779 described in s. 893.03(1)(c)195., or a substance described in s. 780 893.03(1)(c)13., 32., 38., 103., or 146., or of any mixture 781 containing phencyclidine, as described in s. 893.03(2)(b)23., a 782 substituted phenylcyclohexylamine, as described in s. 783 893.03(1)(c)195., or a substance described in s. 784 893.03(1)(c)13., 32., 38., 103., or 146., and who knows that the 785 probable result of such importation would be the death of any 786 person commits capital importation of phencyclidine, a capital 787 felony punishable as provided in s. 775.082ss. 775.082 and788921.142. Any person sentenced for a capital felony under this 789 paragraph shall also be sentenced to pay the maximum fine 790 provided under subparagraph 1. 791 (e)1. Any person who knowingly sells, purchases, 792 manufactures, delivers, or brings into this state, or who is 793 knowingly in actual or constructive possession of, 200 grams or 794 more of methaqualone or of any mixture containing methaqualone, 795 as described in s. 893.03(1)(d), commits a felony of the first 796 degree, which felony shall be known as “trafficking in 797 methaqualone,” punishable as provided in s. 775.082, s. 775.083, 798 or s. 775.084. If the quantity involved: 799 a. Is 200 grams or more, but less than 5 kilograms, such 800 person shall be sentenced to a mandatory minimum term of 801 imprisonment of 3 years, and the defendant shall be ordered to 802 pay a fine of $50,000. 803 b. Is 5 kilograms or more, but less than 25 kilograms, such 804 person shall be sentenced to a mandatory minimum term of 805 imprisonment of 7 years, and the defendant shall be ordered to 806 pay a fine of $100,000. 807 c. Is 25 kilograms or more, such person shall be sentenced 808 to a mandatory minimum term of imprisonment of 15 calendar years 809 and pay a fine of $250,000. 810 2. Any person who knowingly brings into this state 50 811 kilograms or more of methaqualone or of any mixture containing 812 methaqualone, as described in s. 893.03(1)(d), and who knows 813 that the probable result of such importation would be the death 814 of any person commits capital importation of methaqualone, a 815 capital felony punishable as provided in s. 775.082ss. 775.082816and 921.142. Any person sentenced for a capital felony under 817 this paragraph shall also be sentenced to pay the maximum fine 818 provided under subparagraph 1. 819 (f)1. Any person who knowingly sells, purchases, 820 manufactures, delivers, or brings into this state, or who is 821 knowingly in actual or constructive possession of, 14 grams or 822 more of amphetamine, as described in s. 893.03(2)(c)2., or 823 methamphetamine, as described in s. 893.03(2)(c)5., or of any 824 mixture containing amphetamine or methamphetamine, or 825 phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine 826 in conjunction with other chemicals and equipment utilized in 827 the manufacture of amphetamine or methamphetamine, commits a 828 felony of the first degree, which felony shall be known as 829 “trafficking in amphetamine,” punishable as provided in s. 830 775.082, s. 775.083, or s. 775.084. If the quantity involved: 831 a. Is 14 grams or more, but less than 28 grams, such person 832 shall be sentenced to a mandatory minimum term of imprisonment 833 of 3 years, and the defendant shall be ordered to pay a fine of 834 $50,000. 835 b. Is 28 grams or more, but less than 200 grams, such 836 person shall be sentenced to a mandatory minimum term of 837 imprisonment of 7 years, and the defendant shall be ordered to 838 pay a fine of $100,000. 839 c. Is 200 grams or more, such person shall be sentenced to 840 a mandatory minimum term of imprisonment of 15 calendar years 841 and pay a fine of $250,000. 842 2. Any person who knowingly manufactures or brings into 843 this state 400 grams or more of amphetamine, as described in s. 844 893.03(2)(c)2., or methamphetamine, as described in s. 845 893.03(2)(c)5., or of any mixture containing amphetamine or 846 methamphetamine, or phenylacetone, phenylacetic acid, 847 pseudoephedrine, or ephedrine in conjunction with other 848 chemicals and equipment used in the manufacture of amphetamine 849 or methamphetamine, and who knows that the probable result of 850 such manufacture or importation would be the death of any person 851 commits capital manufacture or importation of amphetamine, a 852 capital felony punishable as provided in s. 775.082ss. 775.082853and 921.142. Any person sentenced for a capital felony under 854 this paragraph shall also be sentenced to pay the maximum fine 855 provided under subparagraph 1. 856 (g)1. Any person who knowingly sells, purchases, 857 manufactures, delivers, or brings into this state, or who is 858 knowingly in actual or constructive possession of, 4 grams or 859 more of flunitrazepam or any mixture containing flunitrazepam as 860 described in s. 893.03(1)(a) commits a felony of the first 861 degree, which felony shall be known as “trafficking in 862 flunitrazepam,” punishable as provided in s. 775.082, s. 863 775.083, or s. 775.084. If the quantity involved: 864 a. Is 4 grams or more but less than 14 grams, such person 865 shall be sentenced to a mandatory minimum term of imprisonment 866 of 3 years, and the defendant shall be ordered to pay a fine of 867 $50,000. 868 b. Is 14 grams or more but less than 28 grams, such person 869 shall be sentenced to a mandatory minimum term of imprisonment 870 of 7 years, and the defendant shall be ordered to pay a fine of 871 $100,000. 872 c. Is 28 grams or more but less than 30 kilograms, such 873 person shall be sentenced to a mandatory minimum term of 874 imprisonment of 25 calendar years and pay a fine of $500,000. 875 2. Any person who knowingly sells, purchases, manufactures, 876 delivers, or brings into this state or who is knowingly in 877 actual or constructive possession of 30 kilograms or more of 878 flunitrazepam or any mixture containing flunitrazepam as 879 described in s. 893.03(1)(a) commits the first degree felony of 880 trafficking in flunitrazepam. A person who has been convicted of 881 the first degree felony of trafficking in flunitrazepam under 882 this subparagraph shall be punished by life imprisonment and is 883 ineligible for any form of discretionary early release except 884 pardon or executive clemency or conditional medical release 885 under s. 947.149. However, if the court determines that, in 886 addition to committing any act specified in this paragraph: 887 a. The person intentionally killed an individual or 888 counseled, commanded, induced, procured, or caused the 889 intentional killing of an individual and such killing was the 890 result; or 891 b. The person’s conduct in committing that act led to a 892 natural, though not inevitable, lethal result, 893 894 such person commits the capital felony of trafficking in 895 flunitrazepam, punishable as provided in s. 775.082ss. 775.082896and 921.142. Any person sentenced for a capital felony under 897 this paragraph shall also be sentenced to pay the maximum fine 898 provided under subparagraph 1. 899 (h)1. Any person who knowingly sells, purchases, 900 manufactures, delivers, or brings into this state, or who is 901 knowingly in actual or constructive possession of, 1 kilogram or 902 more of gamma-hydroxybutyric acid (GHB), as described in s. 903 893.03(1)(d), or any mixture containing gamma-hydroxybutyric 904 acid (GHB), commits a felony of the first degree, which felony 905 shall be known as “trafficking in gamma-hydroxybutyric acid 906 (GHB),” punishable as provided in s. 775.082, s. 775.083, or s. 907 775.084. If the quantity involved: 908 a. Is 1 kilogram or more but less than 5 kilograms, such 909 person shall be sentenced to a mandatory minimum term of 910 imprisonment of 3 years, and the defendant shall be ordered to 911 pay a fine of $50,000. 912 b. Is 5 kilograms or more but less than 10 kilograms, such 913 person shall be sentenced to a mandatory minimum term of 914 imprisonment of 7 years, and the defendant shall be ordered to 915 pay a fine of $100,000. 916 c. Is 10 kilograms or more, such person shall be sentenced 917 to a mandatory minimum term of imprisonment of 15 calendar years 918 and pay a fine of $250,000. 919 2. Any person who knowingly manufactures or brings into 920 this state 150 kilograms or more of gamma-hydroxybutyric acid 921 (GHB), as described in s. 893.03(1)(d), or any mixture 922 containing gamma-hydroxybutyric acid (GHB), and who knows that 923 the probable result of such manufacture or importation would be 924 the death of any person commits capital manufacture or 925 importation of gamma-hydroxybutyric acid (GHB), a capital felony 926 punishable as provided in s. 775.082ss. 775.082 and 921.142. 927 Any person sentenced for a capital felony under this paragraph 928 shall also be sentenced to pay the maximum fine provided under 929 subparagraph 1. 930 (i)1. Any person who knowingly sells, purchases, 931 manufactures, delivers, or brings into this state, or who is 932 knowingly in actual or constructive possession of, 1 kilogram or 933 more of gamma-butyrolactone (GBL), as described in s. 934 893.03(1)(d), or any mixture containing gamma-butyrolactone 935 (GBL), commits a felony of the first degree, which felony shall 936 be known as “trafficking in gamma-butyrolactone (GBL),” 937 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 938 If the quantity involved: 939 a. Is 1 kilogram or more but less than 5 kilograms, such 940 person shall be sentenced to a mandatory minimum term of 941 imprisonment of 3 years, and the defendant shall be ordered to 942 pay a fine of $50,000. 943 b. Is 5 kilograms or more but less than 10 kilograms, such 944 person shall be sentenced to a mandatory minimum term of 945 imprisonment of 7 years, and the defendant shall be ordered to 946 pay a fine of $100,000. 947 c. Is 10 kilograms or more, such person shall be sentenced 948 to a mandatory minimum term of imprisonment of 15 calendar years 949 and pay a fine of $250,000. 950 2. Any person who knowingly manufactures or brings into the 951 state 150 kilograms or more of gamma-butyrolactone (GBL), as 952 described in s. 893.03(1)(d), or any mixture containing gamma 953 butyrolactone (GBL), and who knows that the probable result of 954 such manufacture or importation would be the death of any person 955 commits capital manufacture or importation of gamma 956 butyrolactone (GBL), a capital felony punishable as provided in 957 s. 775.082ss. 775.082 and 921.142. Any person sentenced for a 958 capital felony under this paragraph shall also be sentenced to 959 pay the maximum fine provided under subparagraph 1. 960 (j)1. Any person who knowingly sells, purchases, 961 manufactures, delivers, or brings into this state, or who is 962 knowingly in actual or constructive possession of, 1 kilogram or 963 more of 1,4-Butanediol as described in s. 893.03(1)(d), or of 964 any mixture containing 1,4-Butanediol, commits a felony of the 965 first degree, which felony shall be known as “trafficking in 966 1,4-Butanediol,” punishable as provided in s. 775.082, s. 967 775.083, or s. 775.084. If the quantity involved: 968 a. Is 1 kilogram or more, but less than 5 kilograms, such 969 person shall be sentenced to a mandatory minimum term of 970 imprisonment of 3 years, and the defendant shall be ordered to 971 pay a fine of $50,000. 972 b. Is 5 kilograms or more, but less than 10 kilograms, such 973 person shall be sentenced to a mandatory minimum term of 974 imprisonment of 7 years, and the defendant shall be ordered to 975 pay a fine of $100,000. 976 c. Is 10 kilograms or more, such person shall be sentenced 977 to a mandatory minimum term of imprisonment of 15 calendar years 978 and pay a fine of $500,000. 979 2. Any person who knowingly manufactures or brings into 980 this state 150 kilograms or more of 1,4-Butanediol as described 981 in s. 893.03(1)(d), or any mixture containing 1,4-Butanediol, 982 and who knows that the probable result of such manufacture or 983 importation would be the death of any person commits capital 984 manufacture or importation of 1,4-Butanediol, a capital felony 985 punishable as provided in s. 775.082ss. 775.082 and 921.142. 986 Any person sentenced for a capital felony under this paragraph 987 shall also be sentenced to pay the maximum fine provided under 988 subparagraph 1. 989 (k)1. A person who knowingly sells, purchases, 990 manufactures, delivers, or brings into this state, or who is 991 knowingly in actual or constructive possession of, 10 grams or 992 more of a: 993 a. Substance described in s. 893.03(1)(c)4., 5., 10., 11., 994 15., 17., 21.-27., 29., 39., 40.-45., 58., 72.-80., 81.-86., 995 90.-102., 104.-108., 110.-113., 143.-145., 148.-150., 160.-163., 996 165., or 187.-189., a substituted cathinone, as described in s. 997 893.03(1)(c)191., or substituted phenethylamine, as described in 998 s. 893.03(1)(c)192.; 999 b. Mixture containing any substance described in sub 1000 subparagraph a.; or 1001 c. Salt, isomer, ester, or ether or salt of an isomer, 1002 ester, or ether of a substance described in sub-subparagraph a., 1003 1004 commits a felony of the first degree, which felony shall be 1005 known as “trafficking in phenethylamines,” punishable as 1006 provided in s. 775.082, s. 775.083, or s. 775.084. 1007 2. If the quantity involved under subparagraph 1.: 1008 a. Is 10 grams or more, but less than 200 grams, such 1009 person shall be sentenced to a mandatory minimum term of 1010 imprisonment of 3 years and shall be ordered to pay a fine of 1011 $50,000. 1012 b. Is 200 grams or more, but less than 400 grams, such 1013 person shall be sentenced to a mandatory minimum term of 1014 imprisonment of 7 years and shall be ordered to pay a fine of 1015 $100,000. 1016 c. Is 400 grams or more, such person shall be sentenced to 1017 a mandatory minimum term of imprisonment of 15 years and shall 1018 be ordered to pay a fine of $250,000. 1019 3. A person who knowingly manufactures or brings into this 1020 state 30 kilograms or more of a substance described in sub 1021 subparagraph 1.a., a mixture described in sub-subparagraph 1.b., 1022 or a salt, isomer, ester, or ether or a salt of an isomer, 1023 ester, or ether described in sub-subparagraph 1.c., and who 1024 knows that the probable result of such manufacture or 1025 importation would be the death of any person commits capital 1026 manufacture or importation of phenethylamines, a capital felony 1027 punishable as provided in s. 775.082ss. 775.082 and 921.142. A 1028 person sentenced for a capital felony under this paragraph shall 1029 also be sentenced to pay the maximum fine under subparagraph 2. 1030 (l)1. Any person who knowingly sells, purchases, 1031 manufactures, delivers, or brings into this state, or who is 1032 knowingly in actual or constructive possession of, 1 gram or 1033 more of lysergic acid diethylamide (LSD) as described in s. 1034 893.03(1)(c), or of any mixture containing lysergic acid 1035 diethylamide (LSD), commits a felony of the first degree, which 1036 felony shall be known as “trafficking in lysergic acid 1037 diethylamide (LSD),” punishable as provided in s. 775.082, s. 1038 775.083, or s. 775.084. If the quantity involved: 1039 a. Is 1 gram or more, but less than 5 grams, such person 1040 shall be sentenced to a mandatory minimum term of imprisonment 1041 of 3 years, and the defendant shall be ordered to pay a fine of 1042 $50,000. 1043 b. Is 5 grams or more, but less than 7 grams, such person 1044 shall be sentenced to a mandatory minimum term of imprisonment 1045 of 7 years, and the defendant shall be ordered to pay a fine of 1046 $100,000. 1047 c. Is 7 grams or more, such person shall be sentenced to a 1048 mandatory minimum term of imprisonment of 15 calendar years and 1049 pay a fine of $500,000. 1050 2. Any person who knowingly manufactures or brings into 1051 this state 7 grams or more of lysergic acid diethylamide (LSD) 1052 as described in s. 893.03(1)(c), or any mixture containing 1053 lysergic acid diethylamide (LSD), and who knows that the 1054 probable result of such manufacture or importation would be the 1055 death of any person commits capital manufacture or importation 1056 of lysergic acid diethylamide (LSD), a capital felony punishable 1057 as provided in s. 775.082ss. 775.082 and 921.142. Any person 1058 sentenced for a capital felony under this paragraph shall also 1059 be sentenced to pay the maximum fine provided under subparagraph 1060 1. 1061 (n)1. A person who knowingly sells, purchases, 1062 manufactures, delivers, or brings into this state, or who is 1063 knowingly in actual or constructive possession of, 14 grams or 1064 more of: 1065 a. A substance described in s. 893.03(1)(c)164., 174., or 1066 175., a n-benzyl phenethylamine compound, as described in s. 1067 893.03(1)(c)193.; or 1068 b. A mixture containing any substance described in sub 1069 subparagraph a., 1070 1071 commits a felony of the first degree, which felony shall be 1072 known as “trafficking in n-benzyl phenethylamines,” punishable 1073 as provided in s. 775.082, s. 775.083, or s. 775.084. 1074 2. If the quantity involved under subparagraph 1.: 1075 a. Is 14 grams or more, but less than 100 grams, such 1076 person shall be sentenced to a mandatory minimum term of 1077 imprisonment of 3 years, and the defendant shall be ordered to 1078 pay a fine of $50,000. 1079 b. Is 100 grams or more, but less than 200 grams, such 1080 person shall be sentenced to a mandatory minimum term of 1081 imprisonment of 7 years, and the defendant shall be ordered to 1082 pay a fine of $100,000. 1083 c. Is 200 grams or more, such person shall be sentenced to 1084 a mandatory minimum term of imprisonment of 15 years, and the 1085 defendant shall be ordered to pay a fine of $500,000. 1086 3. A person who knowingly manufactures or brings into this 1087 state 400 grams or more of a substance described in sub 1088 subparagraph 1.a. or a mixture described in sub-subparagraph 1089 1.b., and who knows that the probable result of such manufacture 1090 or importation would be the death of any person commits capital 1091 manufacture or importation of a n-benzyl phenethylamine 1092 compound, a capital felony punishable as provided in s. 775.082 1093ss. 775.082 and 921.142. A person sentenced for a capital felony 1094 under this paragraph shall also be sentenced to pay the maximum 1095 fine under subparagraph 2. 1096 Section 28. Paragraph (e) of subsection (4) of section 1097 944.275, Florida Statutes, is amended to read: 1098 944.275 Gain-time.— 1099 (4) 1100 (e) Notwithstanding subparagraph (b)3., for sentences 1101 imposed for offenses committed on or after October 1, 2014, the 1102 department may not grant incentive gain-time if the offense is a 1103 violation of s. 782.04(1)(b)3.s. 782.04(1)(a)2.c.; s. 1104 787.01(3)(a)2. or 3.; s. 787.02(3)(a)2. or 3.; s. 794.011, 1105 excluding s. 794.011(10); s. 800.04; s. 825.1025; or s. 1106 847.0135(5). 1107 Section 29. Paragraph (a) of subsection (5) of section 1108 948.012, Florida Statutes, is amended to read: 1109 948.012 Split sentence of probation or community control 1110 and imprisonment.— 1111 (5)(a) Effective for offenses committed on or after October 1112 1, 2014, if the court imposes a term of years in accordance with 1113 s. 775.082 which is less than the maximum sentence for the 1114 offense, the court must impose a split sentence pursuant to 1115 subsection (1) for any person who is convicted of a violation 1116 of: 1117 1. Section 782.04(1)(b)3.782.04(1)(a)2.c.; 1118 2. Section 787.01(3)(a)2. or 3.; 1119 3. Section 787.02(3)(a)2. or 3.; 1120 4. Section 794.011, excluding s. 794.011(10); 1121 5. Section 800.04; 1122 6. Section 825.1025; or 1123 7. Section 847.0135(5). 1124 Section 30. Sections 922.052, 922.06, 922.07, 922.08, 1125 922.095, 922.10, 922.105, 922.108, 922.11, 922.111, 922.12, 1126 922.14, 922.15, 924.055, 924.056, and 924.057, Florida Statutes, 1127 are repealed. 1128 Section 31. Subsection (4) of section 925.11, Florida 1129 Statutes, is amended to read: 1130 925.11 Postsentencing DNA testing.— 1131 (4) PRESERVATION OF EVIDENCE.— 1132(a)Governmental entities that may be in possession of any 1133 physical evidence in the case, including, but not limited to, 1134 any investigating law enforcement agency, the clerk of the 1135 court, the prosecuting authority, or the Department of Law 1136 Enforcement shall maintain any physical evidence collected at 1137 the time of the crime for which a postsentencing testing of DNA 1138 may be requested. 1139(b)In a case in which the death penalty is imposed, the1140evidence shall be maintained for 60 days after execution of the1141sentence. In all other cases, a governmental entity may dispose1142of the physical evidence if the term of the sentence imposed in1143the case has expired and no other provision of law or rule1144requires that the physical evidence be preserved or retained.1145 Section 32. Paragraphs (g), (h), and (i) of subsection (1) 1146 and subsection (2) of section 945.10, Florida Statutes, are 1147 amended to read: 1148 945.10 Confidential information.— 1149 (1) Except as otherwise provided by law or in this section, 1150 the following records and information held by the Department of 1151 Corrections are confidential and exempt from the provisions of 1152 s. 119.07(1) and s. 24(a), Art. I of the State Constitution: 1153(g)Information which identifies an executioner, or any1154person prescribing, preparing, compounding, dispensing, or1155administering a lethal injection.1156 (g)(h)The identity of any inmate or offender upon whom an 1157 HIV test has been performed and the inmate’s or offender’s test 1158 results, in accordance with s. 381.004. The term “HIV test” has 1159 the same meaning as provided in s. 381.004. This paragraph is 1160 subject to the Open Government Sunset Review Act of 1995 in 1161 accordance with s. 119.15 and shall stand repealed on October 2, 1162 2022, unless reviewed and saved from repeal through reenactment 1163 by the Legislature. 1164 (h)(i)Records that are otherwise confidential or exempt 1165 from public disclosure by law. 1166 (2) The records and information specified in paragraphs 1167 (1)(a)-(h)(1)(a)-(i)may be released as follows unless 1168 expressly prohibited by federal law: 1169 (a) Information specified in paragraphs (1)(b), (d), and 1170 (f) to the Executive Office of the Governor, the Legislature, 1171 the Florida Commission on Offender Review, the Department of 1172 Children and Families, a private correctional facility or 1173 program that operates under a contract, the Department of Legal 1174 Affairs, a state attorney, the court, or a law enforcement 1175 agency. A request for records or information pursuant to this 1176 paragraph need not be in writing. 1177 (b) Information specified in paragraphs (1)(c), (e), and 1178 (h)(i)to the Executive Office of the Governor, the 1179 Legislature, the Florida Commission on Offender Review, the 1180 Department of Children and Families, a private correctional 1181 facility or program that operates under contract, the Department 1182 of Legal Affairs, a state attorney, the court, or a law 1183 enforcement agency. A request for records or information 1184 pursuant to this paragraph must be in writing and a statement 1185 provided demonstrating a need for the records or information. 1186 (c) Information specified in paragraph (1)(b) to an 1187 attorney representing an inmate under sentence of death, except 1188 those portions of the records containing a victim’s statement or 1189 address, or the statement or address of a relative of the 1190 victim. A request for records of information pursuant to this 1191 paragraph must be in writing and a statement provided 1192 demonstrating a need for the records or information. 1193 (d) Information specified in paragraph (1)(b) to a public 1194 defender representing a defendant, except those portions of the 1195 records containing a victim’s statement or address, or the 1196 statement or address of a relative of the victim. A request for 1197 records or information pursuant to this paragraph need not be in 1198 writing. 1199 (e) Information specified in paragraph (1)(b) to state or 1200 local governmental agencies. A request for records or 1201 information pursuant to this paragraph must be in writing and a 1202 statement provided demonstrating a need for the records or 1203 information. 1204 (f) Information specified in paragraph (1)(b) to a person 1205 conducting legitimate research. A request for records and 1206 information pursuant to this paragraph must be in writing, the 1207 person requesting the records or information must sign a 1208 confidentiality agreement, and the department must approve the 1209 request in writing. 1210 (g) Protected health information and records specified in 1211 paragraphs (1)(a) and (g)(h)to the Department of Health and 1212 the county health department where an inmate plans to reside if 1213 he or she has tested positive for the presence of the antibody 1214 or antigen to human immunodeficiency virus infection or as 1215 authorized in s. 381.004. 1216 (h) Protected health information and mental health, 1217 medical, or substance abuse records specified in paragraph 1218 (1)(a) to the Executive Office of the Governor, the Correctional 1219 Medical Authority, and the Department of Health for health care 1220 oversight activities authorized by state or federal law, 1221 including audits; civil, administrative, or criminal 1222 investigations; or inspections relating to the provision of 1223 health services, in accordance with 45 C.F.R. part 164, subpart 1224 E. 1225 (i) Protected health information and mental health, 1226 medical, or substance abuse records specified in paragraph 1227 (1)(a) to a state attorney, a state court, or a law enforcement 1228 agency conducting an ongoing criminal investigation, if the 1229 inmate agrees to the disclosure and provides written consent or, 1230 if the inmate refuses to provide written consent, in response to 1231 an order of a court of competent jurisdiction, a subpoena, 1232 including a grand jury, investigative, or administrative 1233 subpoena, a court-ordered warrant, or a statutorily authorized 1234 investigative demand or other process as authorized by law, in 1235 accordance with 45 C.F.R. part 164, subpart E, provided that: 1236 1. The protected health information and records sought are 1237 relevant and material to a legitimate law enforcement inquiry; 1238 2. There is a clear connection between the investigated 1239 incident and the inmate whose protected health information and 1240 records are sought; 1241 3. The request is specific and limited in scope to the 1242 extent reasonably practicable in light of the purpose for which 1243 the information or records are sought; and 1244 4. Deidentified information could not reasonably be used. 1245 (j) Protected health information and mental health, 1246 medical, or substance abuse records specified in paragraph 1247 (1)(a) of an inmate who is or is suspected of being the victim 1248 of a crime, to a state attorney or a law enforcement agency if 1249 the inmate agrees to the disclosure and provides written consent 1250 or if the inmate is unable to agree because of incapacity or 1251 other emergency circumstance, in accordance with 45 C.F.R. part 1252 164, subpart E, provided that: 1253 1. Such protected health information and records are needed 1254 to determine whether a violation of law by a person other than 1255 the inmate victim has occurred; 1256 2. Such protected health information or records are not 1257 intended to be used against the inmate victim; 1258 3. The immediate law enforcement activity that depends upon 1259 the disclosure would be materially and adversely affected by 1260 waiting until the inmate victim is able to agree to the 1261 disclosure; and 1262 4. The disclosure is in the best interests of the inmate 1263 victim, as determined by the department. 1264 (k) Protected health information and mental health, 1265 medical, or substance abuse records specified in paragraph 1266 (1)(a) to a state attorney or a law enforcement agency if the 1267 department believes in good faith that the information and 1268 records constitute evidence of criminal conduct that occurred in 1269 a correctional institution or facility, in accordance with 45 1270 C.F.R. part 164, subpart E, provided that: 1271 1. The protected health information and records disclosed 1272 are specific and limited in scope to the extent reasonably 1273 practicable in light of the purpose for which the information or 1274 records are sought; 1275 2. There is a clear connection between the criminal conduct 1276 and the inmate whose protected health information and records 1277 are sought; and 1278 3. Deidentified information could not reasonably be used. 1279 (l) Protected health information and mental health, 1280 medical, or substance abuse records specified in paragraph 1281 (1)(a) to the Division of Risk Management of the Department of 1282 Financial Services, in accordance with 45 C.F.R. part 164, 1283 subpart E, upon certification by the Division of Risk Management 1284 that such information and records are necessary to investigate 1285 and provide legal representation for a claim against the 1286 Department of Corrections. 1287 (m) Protected health information and mental health, 1288 medical, or substance abuse records specified in paragraph 1289 (1)(a) of an inmate who is bringing a legal action against the 1290 department, to the Department of Legal Affairs or to an attorney 1291 retained to represent the department in a legal proceeding, in 1292 accordance with 45 C.F.R. part 164, subpart E. 1293 (n) Protected health information and mental health, 1294 medical, or substance abuse records of an inmate as specified in 1295 paragraph (1)(a) to another correctional institution or facility 1296 or law enforcement official having lawful custody of the inmate, 1297 in accordance with 45 C.F.R. part 164, subpart E, if the 1298 protected health information or records are necessary for: 1299 1. The provision of health care to the inmate; 1300 2. The health and safety of the inmate or other inmates; 1301 3. The health and safety of the officers, employees, or 1302 others at the correctional institution or facility; 1303 4. The health and safety of the individuals or officers 1304 responsible for transporting the inmate from one correctional 1305 institution, facility, or setting to another; 1306 5. Law enforcement on the premises of the correctional 1307 institution or facility; or 1308 6. The administration and maintenance of the safety, 1309 security, and good order of the correctional institution or 1310 facility. 1311 (o) Protected health information and mental health, 1312 medical, or substance abuse records of an inmate as specified in 1313 paragraph (1)(a) to the Department of Children and Families and 1314 the Florida Commission on Offender Review, in accordance with 45 1315 C.F.R. part 164, subpart E, if the inmate received mental health 1316 treatment while in the custody of the Department of Corrections 1317 and becomes eligible for release under supervision or upon the 1318 end of his or her sentence. 1319 (p) Notwithstanding s. 456.057 and in accordance with 45 1320 C.F.R. part 164, subpart E, protected health information and 1321 mental health, medical, or substance abuse records specified in 1322 paragraph (1)(a) of a deceased inmate or offender to an 1323 individual with authority to act on behalf of the deceased 1324 inmate or offender, upon the individual’s request. For purposes 1325 of this section, the following individuals have authority to act 1326 on behalf of a deceased inmate or offender only for the purpose 1327 of requesting access to such protected health information and 1328 records: 1329 1. A person appointed by a court to act as the personal 1330 representative, executor, administrator, curator, or temporary 1331 administrator of the deceased inmate’s or offender’s estate; 1332 2. If a court has not made a judicial appointment under 1333 subparagraph 1., a person designated by the inmate or offender 1334 to act as his or her personal representative in a last will that 1335 is self-proved under s. 732.503; or 1336 3. If a court has not made a judicial appointment under 1337 subparagraph 1. or if the inmate or offender has not designated 1338 a person in a self-proved last will as provided in subparagraph 1339 2., only the following individuals: 1340 a. A surviving spouse. 1341 b. If there is no surviving spouse, a surviving adult child 1342 of the inmate or offender. 1343 c. If there is no surviving spouse or adult child, a parent 1344 of the inmate or offender. 1345 (q) All requests for access to a deceased inmate’s or 1346 offender’s protected health information or mental health, 1347 medical, or substance abuse records specified in paragraph 1348 (1)(a) must be in writing and must be accompanied by the 1349 following: 1350 1. If made by a person authorized under subparagraph (p)1., 1351 a copy of the letter of administration and a copy of the court 1352 order appointing such person as the representative of the 1353 inmate’s or offender’s estate. 1354 2. If made by a person authorized under subparagraph (p)2., 1355 a copy of the self-proved last will designating the person as 1356 the inmate’s or offender’s representative. 1357 3. If made by a person authorized under subparagraph (p)3., 1358 a letter from the person’s attorney verifying the person’s 1359 relationship to the inmate or offender and the absence of a 1360 court-appointed representative and self-proved last will. 1361 1362 Records and information released under this subsection remain 1363 confidential and exempt from the provisions of s. 119.07(1) and 1364 s. 24(a), Art. I of the State Constitution when held by the 1365 receiving person or entity. 1366 Section 33. This act shall take effect upon becoming a law.