Bill Text: FL S0732 | 2012 | Regular Session | Comm Sub


Bill Title: Sentences of Inmates

Spectrum: Bipartisan Bill

Status: (Failed) 2012-03-09 - Died in Budget [S0732 Detail]

Download: Florida-2012-S0732-Comm_Sub.html
       Florida Senate - 2012                       CS for CS for SB 732
       
       
       
       By the Committees on Judiciary; and Criminal Justice; and
       Senators Bogdanoff and Joyner
       
       
       
       590-03541-12                                           2012732c2
    1                        A bill to be entitled                      
    2         An act relating to sentences of inmates; amending s.
    3         893.135, F.S.; revising the quantity of a controlled
    4         substance which a person must knowingly sell,
    5         purchase, manufacture, deliver, or bring into this
    6         state with the intent to distribute in order to be
    7         subject to the automatic imposition of a mandatory
    8         minimum term of imprisonment; providing the method for
    9         determining the weight of a controlled substance in a
   10         mixture that is a prescription drug; revising
   11         legislative intent; amending s. 921.0022, F.S.;
   12         revising provisions to conform to changes made by the
   13         act; reenacting ss. 775.087(2)(a) and 782.04(1)(a),
   14         (3), and (4), F.S., relating to the possession or use
   15         of a weapon and murder, respectively, to incorporate
   16         the amendments made to s. 893.135, F.S., in references
   17         thereto; providing an effective date.
   18  
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Section 893.135, Florida Statutes, is amended to
   22  read:
   23         893.135 Trafficking; mandatory sentences; suspension or
   24  reduction of sentences; conspiracy to engage in trafficking.—
   25         (1) Except as authorized in this chapter or in chapter 499
   26  and notwithstanding the provisions of s. 893.13:
   27         (a) A Any person who knowingly sells, purchases,
   28  manufactures, delivers, or brings into this state, or who is
   29  knowingly is in actual or constructive possession with intent to
   30  sell, purchase, manufacture, or deliver of, in excess of 25
   31  pounds of cannabis, or 300 or more cannabis plants, commits a
   32  felony of the first degree, which felony shall be known as
   33  “trafficking in cannabis,” punishable as provided in s. 775.082,
   34  s. 775.083, or s. 775.084. If the quantity of cannabis involved:
   35         1. Is in excess of 25 pounds, but less than 2,000 pounds,
   36  or is 300 or more cannabis plants, but not more than 2,000
   37  cannabis plants, such person shall be sentenced to a mandatory
   38  minimum term of imprisonment of 3 years, and the defendant shall
   39  be ordered to pay a fine of $25,000.
   40         2. Is 2,000 pounds or more, but less than 10,000 pounds, or
   41  is 2,000 or more cannabis plants, but not more than 10,000
   42  cannabis plants, such person shall be sentenced to a mandatory
   43  minimum term of imprisonment of 7 years, and the defendant shall
   44  be ordered to pay a fine of $50,000.
   45         3. Is 10,000 pounds or more, or is 10,000 or more cannabis
   46  plants, such person shall be sentenced to a mandatory minimum
   47  term of imprisonment of 15 calendar years, and the defendant
   48  shall be ordered to pay a fine of $200,000.
   49  
   50  For the purpose of this paragraph, a plant, including, but not
   51  limited to, a seedling or cutting, is a “cannabis plant” if it
   52  has some readily observable evidence of root formation, such as
   53  root hairs. To determine if a piece or part of a cannabis plant
   54  severed from the cannabis plant is itself a cannabis plant, the
   55  severed piece or part must have some readily observable evidence
   56  of root formation, such as root hairs. Callous tissue is not
   57  readily observable evidence of root formation. The viability and
   58  sex of a plant and the fact that the plant may or may not be a
   59  dead harvested plant are not relevant in determining if the
   60  plant is a “cannabis plant” or in the charging of an offense
   61  under this paragraph. Upon conviction, the court shall impose
   62  the longest term of imprisonment provided for in this paragraph.
   63         (b)1. Any person who knowingly sells, purchases,
   64  manufactures, delivers, or brings into this state, or who is
   65  knowingly is in actual or constructive possession with intent to
   66  sell, purchase, manufacture, or deliver of, 28 grams or more of
   67  cocaine, as described in s. 893.03(2)(a)4., or of any mixture
   68  containing cocaine, but less than 150 kilograms of cocaine or
   69  any such mixture, commits a felony of the first degree, which
   70  felony shall be known as “trafficking in cocaine,” punishable as
   71  provided in s. 775.082, s. 775.083, or s. 775.084. If the
   72  quantity involved:
   73         a. Is 28 grams or more, but less than 200 grams, such
   74  person shall be sentenced to a mandatory minimum term of
   75  imprisonment of 3 years, and the defendant shall be ordered to
   76  pay a fine of $50,000.
   77         b. Is 200 grams or more, but less than 400 grams, such
   78  person shall be sentenced to a mandatory minimum term of
   79  imprisonment of 7 years, and the defendant shall be ordered to
   80  pay a fine of $100,000.
   81         c. Is 400 grams or more, but less than 150 kilograms, such
   82  person shall be sentenced to a mandatory minimum term of
   83  imprisonment of 15 calendar years, and the defendant shall be
   84  ordered to pay a fine of $250,000.
   85         2. Any person who knowingly sells, purchases, manufactures,
   86  delivers, or brings into this state, or who is knowingly is in
   87  actual or constructive possession with intent to sell, purchase,
   88  manufacture, or deliver of, 150 kilograms or more of cocaine, as
   89  described in s. 893.03(2)(a)4., commits the first degree felony
   90  of trafficking in cocaine. A person who has been convicted of
   91  the first-degree first degree felony of trafficking in cocaine
   92  under this subparagraph shall be punished by life imprisonment
   93  and is ineligible for any form of discretionary early release
   94  except pardon or executive clemency or conditional medical
   95  release under s. 947.149. However, if the court determines that,
   96  in addition to committing any act specified in this paragraph:
   97         a. The person intentionally killed an individual or
   98  counseled, commanded, induced, procured, or caused the
   99  intentional killing of an individual and such killing was the
  100  result; or
  101         b. The person’s conduct in committing that act led to a
  102  natural, though not inevitable, lethal result,
  103  
  104  such person commits the capital felony of trafficking in
  105  cocaine, punishable as provided in ss. 775.082 and 921.142. Any
  106  person sentenced for a capital felony under this paragraph shall
  107  also be ordered sentenced to pay the maximum fine provided under
  108  subparagraph 1.
  109         3. Any person who knowingly brings into this state 300
  110  kilograms or more of cocaine, as described in s. 893.03(2)(a)4.,
  111  and who knows that the probable result of such importation would
  112  be the death of any person, commits capital importation of
  113  cocaine, a capital felony punishable as provided in ss. 775.082
  114  and 921.142. Any person sentenced for a capital felony under
  115  this paragraph shall also be ordered sentenced to pay the
  116  maximum fine provided under subparagraph 1.
  117         (c)1. Any person who knowingly sells, purchases,
  118  manufactures, delivers, or brings into this state, or who is
  119  knowingly is in actual or constructive possession with intent to
  120  sell, purchase, manufacture, or deliver of, 28 4 grams or more
  121  of any morphine, opium, oxycodone, hydrocodone, hydromorphone,
  122  or any salt, derivative, isomer, or salt of an isomer thereof,
  123  including heroin, as described in s. 893.03(1)(b), (2)(a),
  124  (3)(c)3., or (3)(c)4., or 28 4 grams or more of any mixture
  125  containing any such substance, but less than 30 kilograms of
  126  such substance or mixture, commits a felony of the first degree,
  127  which felony shall be known as “trafficking in illegal drugs,”
  128  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  129  If the quantity involved:
  130         a. Is 28 4 grams or more, but less than 50 14 grams, such
  131  person shall be sentenced to a mandatory minimum term of
  132  imprisonment of 3 years, and the defendant shall be ordered to
  133  pay a fine of $50,000.
  134         b. Is 50 14 grams or more, but less than 200 28 grams, such
  135  person shall be sentenced to a mandatory minimum term of
  136  imprisonment of 7 15 years, and the defendant shall be ordered
  137  to pay a fine of $100,000.
  138         c. Is 200 28 grams or more, but less than 30 kilograms,
  139  such person shall be sentenced to a mandatory minimum term of
  140  imprisonment of 15 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 sell, purchase,
  145  manufacture, or deliver of, 30 kilograms or more of any
  146  morphine, opium, oxycodone, hydrocodone, hydromorphone, or any
  147  salt, derivative, isomer, or salt of an isomer thereof,
  148  including heroin, as described in s. 893.03(1)(b), (2)(a),
  149  (3)(c)3., or (3)(c)4., or 30 kilograms or more of any mixture
  150  containing any such substance, commits the first-degree first
  151  degree felony of trafficking in illegal drugs. A person who has
  152  been convicted of the first-degree first degree felony of
  153  trafficking in illegal drugs under this subparagraph shall be
  154  punished by life imprisonment and is ineligible for any form of
  155  discretionary early release except pardon or executive clemency
  156  or conditional medical release under s. 947.149. However, if the
  157  court determines that, in addition to committing any act
  158  specified in this paragraph:
  159         a. The person intentionally killed an individual or
  160  counseled, commanded, induced, procured, or caused the
  161  intentional killing of an individual and such killing was the
  162  result; or
  163         b. The person’s conduct in committing that act led to a
  164  natural, though not inevitable, lethal result,
  165  
  166  such person commits the capital felony of trafficking in illegal
  167  drugs, punishable as provided in ss. 775.082 and 921.142. Any
  168  person sentenced for a capital felony under this paragraph shall
  169  also be ordered sentenced to pay the maximum fine provided under
  170  subparagraph 1.
  171         3. Any person who knowingly brings into this state 60
  172  kilograms or more of any morphine, opium, oxycodone,
  173  hydrocodone, hydromorphone, or any salt, derivative, isomer, or
  174  salt of an isomer thereof, including heroin, as described in s.
  175  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 60 kilograms or
  176  more of any mixture containing any such substance, and who knows
  177  that the probable result of such importation would be the death
  178  of any person, commits capital importation of illegal drugs, a
  179  capital felony punishable as provided in ss. 775.082 and
  180  921.142. Any person sentenced for a capital felony under this
  181  paragraph shall also be ordered sentenced to pay the maximum
  182  fine provided under subparagraph 1.
  183         (d)1. Any person who knowingly sells, purchases,
  184  manufactures, delivers, or brings into this state, or who is
  185  knowingly is in actual or constructive possession with intent to
  186  sell, purchase, manufacture, or deliver of, 28 grams or more of
  187  phencyclidine or of any mixture containing phencyclidine, as
  188  described in s. 893.03(2)(b), commits a felony of the first
  189  degree, which felony shall be known as “trafficking in
  190  phencyclidine,” punishable as provided in s. 775.082, s.
  191  775.083, or s. 775.084. If the quantity involved:
  192         a. Is 28 grams or more, but less than 200 grams, such
  193  person shall be sentenced to a mandatory minimum term of
  194  imprisonment of 3 years, and the defendant shall be ordered to
  195  pay a fine of $50,000.
  196         b. Is 200 grams or more, but less than 400 grams, such
  197  person shall be sentenced to a mandatory minimum term of
  198  imprisonment of 7 years, and the defendant shall be ordered to
  199  pay a fine of $100,000.
  200         c. Is 400 grams or more, such person shall be sentenced to
  201  a mandatory minimum term of imprisonment of 15 calendar years,
  202  and the defendant shall be ordered to pay a fine of $250,000.
  203         2. Any person who knowingly brings into this state 800
  204  grams or more of phencyclidine or of any mixture containing
  205  phencyclidine, as described in s. 893.03(2)(b), and who knows
  206  that the probable result of such importation would be the death
  207  of any person commits capital importation of phencyclidine, a
  208  capital felony punishable as provided in ss. 775.082 and
  209  921.142. Any person sentenced for a capital felony under this
  210  paragraph shall also be ordered sentenced to pay the maximum
  211  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  sell, purchase, manufacture, or deliver of, 200 grams or more of
  216  methaqualone or of any mixture containing methaqualone, as
  217  described in s. 893.03(1)(d), commits a felony of the first
  218  degree, which felony shall be known as “trafficking in
  219  methaqualone,” punishable as provided in s. 775.082, s. 775.083,
  220  or s. 775.084. If the 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  $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  sell, purchase, manufacture, or deliver of, 14 grams or more of
  246  amphetamine, as described in s. 893.03(2)(c)2., or
  247  methamphetamine, as described in s. 893.03(2)(c)4., or of any
  248  mixture containing amphetamine or methamphetamine, or
  249  phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine
  250  in conjunction with other chemicals and equipment utilized in
  251  the manufacture of amphetamine or methamphetamine, commits a
  252  felony of the first degree, which felony shall be known as
  253  “trafficking in amphetamine,” punishable as provided in s.
  254  775.082, s. 775.083, or s. 775.084. If the quantity involved:
  255         a. Is 14 grams or more, but less than 28 grams, such person
  256  shall be sentenced to a mandatory minimum term of imprisonment
  257  of 3 years, and the defendant shall be ordered to pay a fine of
  258  $50,000.
  259         b. Is 28 grams or more, but less than 200 grams, such
  260  person shall be sentenced to a mandatory minimum term of
  261  imprisonment of 7 years, and the defendant shall be ordered to
  262  pay a fine of $100,000.
  263         c. Is 200 grams or more, such person shall be sentenced to
  264  a mandatory minimum term of imprisonment of 15 calendar years,
  265  and the defendant shall be ordered to pay a fine of $250,000.
  266         2. Any person who knowingly manufactures or brings into
  267  this state 400 grams or more of amphetamine, as described in s.
  268  893.03(2)(c)2., or methamphetamine, as described in s.
  269  893.03(2)(c)4., or of any mixture containing amphetamine or
  270  methamphetamine, or phenylacetone, phenylacetic acid,
  271  pseudoephedrine, or ephedrine in conjunction with other
  272  chemicals and equipment used in the manufacture of amphetamine
  273  or methamphetamine, and who knows that the probable result of
  274  such manufacture or importation would be the death of any person
  275  commits capital manufacture or importation of amphetamine, a
  276  capital felony punishable as provided in ss. 775.082 and
  277  921.142. Any person sentenced for a capital felony under this
  278  paragraph shall also be ordered sentenced to pay the maximum
  279  fine provided under subparagraph 1.
  280         (g)1. Any person who knowingly sells, purchases,
  281  manufactures, delivers, or brings into this state, or who is
  282  knowingly is in actual or constructive possession with intent to
  283  sell, purchase, manufacture, or deliver of, 4 grams or more of
  284  flunitrazepam or any mixture containing flunitrazepam as
  285  described in s. 893.03(1)(a) commits a felony of the first
  286  degree, which felony shall be known as “trafficking in
  287  flunitrazepam,” punishable as provided in s. 775.082, s.
  288  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  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 sell, purchase,
  304  manufacture, or deliver of 30 kilograms or more of flunitrazepam
  305  or any mixture containing flunitrazepam as described in s.
  306  893.03(1)(a) commits the first-degree first degree felony of
  307  trafficking in flunitrazepam. A person who has been convicted of
  308  the first-degree first degree felony of trafficking in
  309  flunitrazepam under this subparagraph shall be punished by life
  310  imprisonment and is ineligible for any form of discretionary
  311  early release except pardon or executive clemency or conditional
  312  medical release under s. 947.149. However, if the court
  313  determines that, in addition to committing any act specified in
  314  this paragraph:
  315         a. The person intentionally killed an individual or
  316  counseled, commanded, induced, procured, or caused the
  317  intentional killing of an individual and such killing was the
  318  result; or
  319         b. The person’s conduct in committing that act led to a
  320  natural, though not inevitable, lethal result,
  321  
  322  such person commits the capital felony of trafficking in
  323  flunitrazepam, punishable as provided in ss. 775.082 and
  324  921.142. Any person sentenced for a capital felony under this
  325  paragraph shall also be ordered sentenced to pay the maximum
  326  fine provided under subparagraph 1.
  327         (h)1. Any person who knowingly sells, purchases,
  328  manufactures, delivers, or brings into this state, or who is
  329  knowingly is in actual or constructive possession with intent to
  330  sell, purchase, manufacture, or deliver of, 1 kilogram or more
  331  of gamma-hydroxybutyric acid (GHB), as described in s.
  332  893.03(1)(d), or any mixture containing gamma-hydroxybutyric
  333  acid (GHB), commits a felony of the first degree, which felony
  334  shall be known as “trafficking in gamma-hydroxybutyric acid
  335  (GHB),” punishable as provided in s. 775.082, s. 775.083, or s.
  336  775.084. If the quantity involved:
  337         a. Is 1 kilogram or more but less than 5 kilograms, such
  338  person shall be sentenced to a mandatory minimum term of
  339  imprisonment of 3 years, and the defendant shall be ordered to
  340  pay a fine of $50,000.
  341         b. Is 5 kilograms or more but less than 10 kilograms, such
  342  person shall be sentenced to a mandatory minimum term of
  343  imprisonment of 7 years, and the defendant shall be ordered to
  344  pay a fine of $100,000.
  345         c. Is 10 kilograms or more, such person shall be sentenced
  346  to a mandatory minimum term of imprisonment of 15 calendar
  347  years, and the defendant shall be ordered to pay a fine of
  348  $250,000.
  349         2. Any person who knowingly manufactures or brings into
  350  this state 150 kilograms or more of gamma-hydroxybutyric acid
  351  (GHB), as described in s. 893.03(1)(d), or any mixture
  352  containing gamma-hydroxybutyric acid (GHB), and who knows that
  353  the probable result of such manufacture or importation would be
  354  the death of any person commits capital manufacture or
  355  importation of gamma-hydroxybutyric acid (GHB), a capital felony
  356  punishable as provided in ss. 775.082 and 921.142. Any person
  357  sentenced for a capital felony under this paragraph shall also
  358  be ordered sentenced to pay the maximum fine provided under
  359  subparagraph 1.
  360         (i)1. Any person who knowingly sells, purchases,
  361  manufactures, delivers, or brings into this state, or who is
  362  knowingly is in actual or constructive possession with intent to
  363  sell, purchase, manufacture, or deliver of, 1 kilogram or more
  364  of gamma-butyrolactone (GBL), as described in s. 893.03(1)(d),
  365  or any mixture containing gamma-butyrolactone (GBL), commits a
  366  felony of the first degree, which felony shall be known as
  367  “trafficking in gamma-butyrolactone (GBL),” punishable as
  368  provided in s. 775.082, s. 775.083, or s. 775.084. If the
  369  quantity involved:
  370         a. Is 1 kilogram or more but less than 5 kilograms, such
  371  person shall be sentenced to a mandatory minimum term of
  372  imprisonment of 3 years, and the defendant shall be ordered to
  373  pay a fine of $50,000.
  374         b. Is 5 kilograms or more but less than 10 kilograms, such
  375  person shall be sentenced to a mandatory minimum term of
  376  imprisonment of 7 years, and the defendant shall be ordered to
  377  pay a fine of $100,000.
  378         c. Is 10 kilograms or more, such person shall be sentenced
  379  to a mandatory minimum term of imprisonment of 15 calendar
  380  years, and the defendant shall be ordered to pay a fine of
  381  $250,000.
  382         2. Any person who knowingly manufactures or brings into the
  383  state 150 kilograms or more of gamma-butyrolactone (GBL), as
  384  described in s. 893.03(1)(d), or any mixture containing gamma
  385  butyrolactone (GBL), and who knows that the probable result of
  386  such manufacture or importation would be the death of any person
  387  commits capital manufacture or importation of gamma
  388  butyrolactone (GBL), a capital felony punishable as provided in
  389  ss. 775.082 and 921.142. Any person sentenced for a capital
  390  felony under this paragraph shall also be ordered sentenced to
  391  pay the maximum fine provided under subparagraph 1.
  392         (j)1. Any person who knowingly sells, purchases,
  393  manufactures, delivers, or brings into this state, or who is
  394  knowingly is in actual or constructive possession with intent to
  395  sell, purchase, manufacture, or deliver of, 1 kilogram or more
  396  of 1,4-Butanediol as described in s. 893.03(1)(d), or of any
  397  mixture containing 1,4-Butanediol, commits a felony of the first
  398  degree, which felony shall be known as “trafficking in 1,4
  399  Butanediol,” punishable as provided in s. 775.082, s. 775.083,
  400  or s. 775.084. If the quantity involved:
  401         a. Is 1 kilogram or more, but less than 5 kilograms, such
  402  person shall be sentenced to a mandatory minimum term of
  403  imprisonment of 3 years, and the defendant shall be ordered to
  404  pay a fine of $50,000.
  405         b. Is 5 kilograms or more, but less than 10 kilograms, such
  406  person shall be sentenced to a mandatory minimum term of
  407  imprisonment of 7 years, and the defendant shall be ordered to
  408  pay a fine of $100,000.
  409         c. Is 10 kilograms or more, such person shall be sentenced
  410  to a mandatory minimum term of imprisonment of 15 calendar
  411  years, and the defendant shall be ordered to pay a fine of
  412  $500,000.
  413         2. Any person who knowingly manufactures or brings into
  414  this state 150 kilograms or more of 1,4-Butanediol as described
  415  in s. 893.03(1)(d), or any mixture containing 1,4-Butanediol,
  416  and who knows that the probable result of such manufacture or
  417  importation would be the death of any person commits capital
  418  manufacture or importation of 1,4-Butanediol, a capital felony
  419  punishable as provided in ss. 775.082 and 921.142. Any person
  420  sentenced for a capital felony under this paragraph shall also
  421  be ordered sentenced to pay the maximum fine provided under
  422  subparagraph 1.
  423         (k)1. Any person who knowingly sells, purchases,
  424  manufactures, delivers, or brings into this state, or who is
  425  knowingly is in actual or constructive possession with intent to
  426  sell, purchase, manufacture, or deliver of, 10 grams or more of
  427  any of the following substances described in s. 893.03(1)(a) or
  428  (c):
  429         a. 3,4-Methylenedioxymethamphetamine (MDMA);
  430         b. 4-Bromo-2,5-dimethoxyamphetamine;
  431         c. 4-Bromo-2,5-dimethoxyphenethylamine;
  432         d. 2,5-Dimethoxyamphetamine;
  433         e. 2,5-Dimethoxy-4-ethylamphetamine (DOET);
  434         f. N-ethylamphetamine;
  435         g. N-Hydroxy-3,4-methylenedioxyamphetamine;
  436         h. 5-Methoxy-3,4-methylenedioxyamphetamine;
  437         i. 4-methoxyamphetamine;
  438         j. 4-methoxymethamphetamine;
  439         k. 4-Methyl-2,5-dimethoxyamphetamine;
  440         l. 3,4-Methylenedioxy-N-ethylamphetamine;
  441         m. 3,4-Methylenedioxyamphetamine;
  442         n. N,N-dimethylamphetamine; or
  443         o. 3,4,5-Trimethoxyamphetamine,
  444  
  445  individually or in any combination of or any mixture containing
  446  any substance listed in sub-subparagraphs a.-o., commits a
  447  felony of the first degree, which felony shall be known as
  448  “trafficking in Phenethylamines,” punishable as provided in s.
  449  775.082, s. 775.083, or s. 775.084.
  450         2. If the quantity involved:
  451         a. Is 10 grams or more but less than 200 grams, such person
  452  shall be sentenced to a mandatory minimum term of imprisonment
  453  of 3 years, and the defendant shall be ordered to pay a fine of
  454  $50,000.
  455         b. Is 200 grams or more, but less than 400 grams, such
  456  person shall be sentenced to a mandatory minimum term of
  457  imprisonment of 7 years, and the defendant shall be ordered to
  458  pay a fine of $100,000.
  459         c. Is 400 grams or more, such person shall be sentenced to
  460  a mandatory minimum term of imprisonment of 15 calendar years,
  461  and the defendant shall be ordered to pay a fine of $250,000.
  462         3. Any person who knowingly manufactures or brings into
  463  this state 30 kilograms or more of any of the following
  464  substances described in s. 893.03(1)(a) or (c):
  465         a. 3,4-Methylenedioxymethamphetamine (MDMA);
  466         b. 4-Bromo-2,5-dimethoxyamphetamine;
  467         c. 4-Bromo-2,5-dimethoxyphenethylamine;
  468         d. 2,5-Dimethoxyamphetamine;
  469         e. 2,5-Dimethoxy-4-ethylamphetamine (DOET);
  470         f. N-ethylamphetamine;
  471         g. N-Hydroxy-3,4-methylenedioxyamphetamine;
  472         h. 5-Methoxy-3,4-methylenedioxyamphetamine;
  473         i. 4-methoxyamphetamine;
  474         j. 4-methoxymethamphetamine;
  475         k. 4-Methyl-2,5-dimethoxyamphetamine;
  476         l. 3,4-Methylenedioxy-N-ethylamphetamine;
  477         m. 3,4-Methylenedioxyamphetamine;
  478         n. N,N-dimethylamphetamine; or
  479         o. 3,4,5-Trimethoxyamphetamine,
  480  
  481  individually or in any combination of or any mixture containing
  482  any substance listed in sub-subparagraphs a.-o., and who knows
  483  that the probable result of such manufacture or importation
  484  would be the death of any person commits capital manufacture or
  485  importation of Phenethylamines, a capital felony punishable as
  486  provided in ss. 775.082 and 921.142. Any person sentenced for a
  487  capital felony under this paragraph shall also be ordered
  488  sentenced to pay the maximum fine provided under subparagraph 1.
  489         (l)1. Any person who knowingly sells, purchases,
  490  manufactures, delivers, or brings into this state, or who is
  491  knowingly is in actual or constructive possession with intent to
  492  sell, purchase, manufacture, or deliver of, 1 gram or more of
  493  lysergic acid diethylamide (LSD) as described in s.
  494  893.03(1)(c), or of any mixture containing lysergic acid
  495  diethylamide (LSD), commits a felony of the first degree, which
  496  felony shall be known as “trafficking in lysergic acid
  497  diethylamide (LSD),” punishable as provided in s. 775.082, s.
  498  775.083, or s. 775.084. If the quantity involved:
  499         a. Is 1 gram or more, but less than 5 grams, such person
  500  shall be sentenced to a mandatory minimum term of imprisonment
  501  of 3 years, and the defendant shall be ordered to pay a fine of
  502  $50,000.
  503         b. Is 5 grams or more, but less than 7 grams, such person
  504  shall be sentenced to a mandatory minimum term of imprisonment
  505  of 7 years, and the defendant shall be ordered to pay a fine of
  506  $100,000.
  507         c. Is 7 grams or more, such person shall be sentenced to a
  508  mandatory minimum term of imprisonment of 15 calendar years, and
  509  the defendant shall be ordered to pay a fine of $500,000.
  510         2. Any person who knowingly manufactures or brings into
  511  this state 7 grams or more of lysergic acid diethylamide (LSD)
  512  as described in s. 893.03(1)(c), or any mixture containing
  513  lysergic acid diethylamide (LSD), and who knows that the
  514  probable result of such manufacture or importation would be the
  515  death of any person commits capital manufacture or importation
  516  of lysergic acid diethylamide (LSD), a capital felony punishable
  517  as provided in ss. 775.082 and 921.142. Any person sentenced for
  518  a capital felony under this paragraph shall also be ordered
  519  sentenced to pay the maximum fine provided under subparagraph 1.
  520         (2) A person acts knowingly under subsection (1) if that
  521  person intends to sell, purchase, manufacture, deliver, or bring
  522  into this state, or to actually or constructively possess, any
  523  of the controlled substances listed in subsection (1),
  524  regardless of which controlled substance listed in subsection
  525  (1) is in fact sold, purchased, manufactured, delivered, or
  526  brought into this state, or actually or constructively
  527  possessed.
  528         (3) Notwithstanding the provisions of s. 948.01, with
  529  respect to any person who is found to have violated this
  530  section, adjudication of guilt or imposition of sentence may
  531  shall not be suspended, deferred, or withheld, and nor shall
  532  such person is not be eligible for parole before prior to
  533  serving the mandatory minimum term of imprisonment prescribed by
  534  this section. A person sentenced to a mandatory minimum term of
  535  imprisonment under this section is not eligible for any form of
  536  discretionary early release, except pardon or executive clemency
  537  or conditional medical release under s. 947.149, before prior to
  538  serving the mandatory minimum term of imprisonment.
  539         (4) The state attorney may move the sentencing court to
  540  reduce or suspend the sentence of any person who is convicted of
  541  a violation of this section and who provides substantial
  542  assistance in the identification, arrest, or conviction of any
  543  of that person’s accomplices, accessories, coconspirators, or
  544  principals or of any other person engaged in trafficking in
  545  controlled substances. The arresting agency shall be given an
  546  opportunity to be heard in aggravation or mitigation in
  547  reference to any such motion. Upon good cause shown, the motion
  548  may be filed and heard in camera. The judge hearing the motion
  549  may reduce or suspend, defer, or withhold the sentence or
  550  adjudication of guilt if the judge finds that the defendant
  551  rendered such substantial assistance.
  552         (5) Any person who agrees, conspires, combines, or
  553  confederates with another person to commit any act prohibited by
  554  subsection (1) commits a felony of the first degree and is
  555  punishable as if he or she had actually committed such
  556  prohibited act. Nothing in This subsection does not shall be
  557  construed to prohibit separate convictions and sentences for a
  558  violation of this subsection and any violation of subsection
  559  (1).
  560         (6)(a) A mixture, as defined in s. 893.02, containing any
  561  controlled substance described in this section includes, but is
  562  not limited to, a solution or a dosage unit, including, but not
  563  limited to, a pill or tablet, containing a controlled substance.
  564         (b) Except as provided in paragraph (c) For the purpose of
  565  clarifying legislative intent regarding the weighing of a
  566  mixture containing a controlled substance described in this
  567  section, the weight of the controlled substance is the total
  568  weight of the mixture, including the controlled substance and
  569  any other substance in the mixture. If there is more than one
  570  mixture containing the same controlled substance, the weight of
  571  the controlled substance is calculated by aggregating the total
  572  weight of each mixture.
  573         (c) If the mixture is a prescription drug as defined in s.
  574  499.003 and the weight of the controlled substance in the
  575  mixture can be identified using the National Drug Code
  576  Directory, as published by the United States Department of
  577  Health and Human Services, the weight of the controlled
  578  substance is the weight of the controlled substance identified
  579  in the National Drug Code Directory, exclusive of other tablet
  580  components. If there is more than one mixture that is a
  581  prescription drug and all of the mixtures contain the same
  582  controlled substance, and the weight of the controlled substance
  583  in each mixture can be identified using the National Drug Code
  584  Directory, the weight of the controlled substance is calculated
  585  by aggregating the weight of the controlled substance in each
  586  mixture.
  587         (7) For the purpose of further clarifying legislative
  588  intent, the Legislature finds that the opinion in Hayes v.
  589  State, 750 So. 2d 1 (Fla. 1999) does not correctly construe
  590  legislative intent. The Legislature finds that the opinions in
  591  State v. Hayes, 720 So. 2d 1095 (Fla. 4th DCA 1998) and State v.
  592  Baxley, 684 So. 2d 831 (Fla. 5th DCA 1996) correctly construe
  593  legislative intent.
  594         Section 2. Paragraphs (g), (h), and (i) of subsection (3)
  595  of section 921.0022, Florida Statutes, are amended to read:
  596         921.0022 Criminal Punishment Code; offense severity ranking
  597  chart.—
  598         (3) OFFENSE SEVERITY RANKING CHART
  599         (g) LEVEL 7
  600  FloridaStatute   FelonyDegree                Description                
  601  316.027(1)(b)       1st   Accident involving death, failure to stop; leaving scene.
  602  316.193(3)(c)2.     3rd   DUI resulting in serious bodily injury.    
  603  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.
  604  327.35(3)(c)2.      3rd   Vessel BUI resulting in serious bodily injury.
  605  402.319(2)          2nd   Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
  606  409.920 (2)(b)1.a.   3rd   Medicaid provider fraud; $10,000 or less.  
  607  409.920 (2)(b)1.b.   2nd   Medicaid provider fraud; more than $10,000, but less than $50,000.
  608  456.065(2)          3rd   Practicing a health care profession without a license.
  609  456.065(2)          2nd   Practicing a health care profession without a license which results in serious bodily injury.
  610  458.327(1)          3rd   Practicing medicine without a license.     
  611  459.013(1)          3rd   Practicing osteopathic medicine without a license.
  612  460.411(1)          3rd   Practicing chiropractic medicine without a license.
  613  461.012(1)          3rd   Practicing podiatric medicine without a license.
  614  462.17              3rd   Practicing naturopathy without a license.  
  615  463.015(1)          3rd   Practicing optometry without a license.    
  616  464.016(1)          3rd   Practicing nursing without a license.      
  617  465.015(2)          3rd   Practicing pharmacy without a license.     
  618  466.026(1)          3rd   Practicing dentistry or dental hygiene without a license.
  619  467.201             3rd   Practicing midwifery without a license.    
  620  468.366             3rd   Delivering respiratory care services without a license.
  621  483.828(1)          3rd   Practicing as clinical laboratory personnel without a license.
  622  483.901(9)          3rd   Practicing medical physics without a license.
  623  484.013(1)(c)       3rd   Preparing or dispensing optical devices without a prescription.
  624  484.053             3rd   Dispensing hearing aids without a license. 
  625  494.0018(2)         1st   Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
  626  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.
  627  560.125(5)(a)       3rd   Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
  628  655.50(10)(b)1.     3rd   Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
  629  775.21(10)(a)       3rd   Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
  630  775.21(10)(b)       3rd   Sexual predator working where children regularly congregate.
  631  775.21(10)(g)       3rd   Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
  632  782.051(3)          2nd   Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
  633  782.07(1)           2nd   Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
  634  782.071             2nd   Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
  635  782.072             2nd   Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
  636  784.045(1)(a)1.     2nd   Aggravated battery; intentionally causing great bodily harm or disfigurement.
  637  784.045(1)(a)2.     2nd   Aggravated battery; using deadly weapon.   
  638  784.045(1)(b)       2nd   Aggravated battery; perpetrator aware victim pregnant.
  639  784.048(4)          3rd   Aggravated stalking; violation of injunction or court order.
  640  784.048(7)          3rd   Aggravated stalking; violation of court order.
  641  784.07(2)(d)        1st   Aggravated battery on law enforcement officer.
  642  784.074(1)(a)       1st   Aggravated battery on sexually violent predators facility staff.
  643  784.08(2)(a)        1st   Aggravated battery on a person 65 years of age or older.
  644  784.081(1)          1st   Aggravated battery on specified official or employee.
  645  784.082(1)          1st   Aggravated battery by detained person on visitor or other detainee.
  646  784.083(1)          1st   Aggravated battery on code inspector.      
  647  790.07(4)           1st   Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
  648  790.16(1)           1st   Discharge of a machine gun under specified circumstances.
  649  790.165(2)          2nd   Manufacture, sell, possess, or deliver hoax bomb.
  650  790.165(3)          2nd   Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
  651  790.166(3)          2nd   Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
  652  790.166(4)          2nd   Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
  653  790.23            1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
  654  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.
  655  796.03              2nd   Procuring any person under 16 years for prostitution.
  656  800.04(5)(c)1.      2nd   Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
  657  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.
  658  806.01(2)           2nd   Maliciously damage structure by fire or explosive.
  659  810.02(3)(a)        2nd   Burglary of occupied dwelling; unarmed; no assault or battery.
  660  810.02(3)(b)        2nd   Burglary of unoccupied dwelling; unarmed; no assault or battery.
  661  810.02(3)(d)        2nd   Burglary of occupied conveyance; unarmed; no assault or battery.
  662  810.02(3)(e)        2nd   Burglary of authorized emergency vehicle.  
  663  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.
  664  812.014(2)(b)2.     2nd   Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
  665  812.014(2)(b)3.     2nd   Property stolen, emergency medical equipment; 2nd degree grand theft.
  666  812.014(2)(b)4.     2nd   Property stolen, law enforcement equipment from authorized emergency vehicle.
  667  812.0145(2)(a)      1st   Theft from person 65 years of age or older; $50,000 or more.
  668  812.019(2)          1st   Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
  669  812.131(2)(a)       2nd   Robbery by sudden snatching.               
  670  812.133(2)(b)       1st   Carjacking; no firearm, deadly weapon, or other weapon.
  671  817.234(8)(a)       2nd   Solicitation of motor vehicle accident victims with intent to defraud.
  672  817.234(9)          2nd   Organizing, planning, or participating in an intentional motor vehicle collision.
  673  817.234(11)(c)      1st   Insurance fraud; property value $100,000 or more.
  674  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.
  675  825.102(3)(b)       2nd   Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
  676  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.
  677  827.03(3)(b)        2nd   Neglect of a child causing great bodily harm, disability, or disfigurement.
  678  827.04(3)           3rd   Impregnation of a child under 16 years of age by person 21 years of age or older.
  679  837.05(2)           3rd   Giving false information about alleged capital felony to a law enforcement officer.
  680  838.015             2nd   Bribery.                                   
  681  838.016             2nd   Unlawful compensation or reward for official behavior.
  682  838.021(3)(a)       2nd   Unlawful harm to a public servant.         
  683  838.22              2nd   Bid tampering.                             
  684  847.0135(3)         3rd   Solicitation of a child, via a computer service, to commit an unlawful sex act.
  685  847.0135(4)         2nd   Traveling to meet a minor to commit an unlawful sex act.
  686  872.06              2nd   Abuse of a dead human body.                
  687  874.10            1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
  688  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.
  689  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.
  690  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).
  691  893.135(1)(a)1.     1st   Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
  692  893.135 (1)(b)1.a.   1st   Trafficking in cocaine, more than 50 28 grams, less than 400 200 grams.
  693  893.135 (1)(c)1.a.   1st   Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
  694  893.135(1)(d)1.     1st   Trafficking in phencyclidine, more than 50 28 grams, less than 400 200 grams.
  695  893.135(1)(e)1.     1st   Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
  696  893.135(1)(f)1.     1st   Trafficking in amphetamine, more than 30 14 grams, less than 200 28 grams.
  697  893.135 (1)(g)1.a.   1st   Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
  698  893.135 (1)(h)1.a.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms 1 kilogram or more, less than 15 5 kilograms.
  699  893.135 (1)(j)1.a.   1st   Trafficking in 1,4-Butanediol, 5 kilograms 1 kilogram or more, less than 15 5 kilograms.
  700  893.135 (1)(k)2.a.   1st   Trafficking in Phenethylamines, 30 10 grams or more, less than 200 grams.
  701  893.1351(2)         2nd   Possession of place for trafficking in or manufacturing of controlled substance.
  702  896.101(5)(a)       3rd   Money laundering, financial transactions exceeding $300 but less than $20,000.
  703  896.104(4)(a)1.     3rd   Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
  704  943.0435(4)(c)      2nd   Sexual offender vacating permanent residence; failure to comply with reporting requirements.
  705  943.0435(8)         2nd   Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
  706  943.0435(9)(a)      3rd   Sexual offender; failure to comply with reporting requirements.
  707  943.0435(13)        3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  708  943.0435(14)        3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
  709  944.607(9)          3rd   Sexual offender; failure to comply with reporting requirements.
  710  944.607(10)(a)      3rd   Sexual offender; failure to submit to the taking of a digitized photograph.
  711  944.607(12)         3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  712  944.607(13)         3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
  713  985.4815(10)        3rd   Sexual offender; failure to submit to the taking of a digitized photograph.
  714  985.4815(12)        3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  715  985.4815(13)        3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
  716         (h) LEVEL 8
  717  FloridaStatute   FelonyDegree                Description                
  718  316.193 (3)(c)3.a.   2nd   DUI manslaughter.                          
  719  316.1935(4)(b)      1st   Aggravated fleeing or attempted eluding with serious bodily injury or death.
  720  327.35(3)(c)3.      2nd   Vessel BUI manslaughter.                   
  721  499.0051(7)         1st   Knowing trafficking in contraband prescription drugs.
  722  499.0051(8)         1st   Knowing forgery of prescription labels or prescription drug labels.
  723  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.
  724  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.
  725  655.50(10)(b)2.     2nd   Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
  726  777.03(2)(a)        1st   Accessory after the fact, capital felony.  
  727  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.
  728  782.051(2)          1st   Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
  729  782.071(1)(b)       1st   Committing vehicular homicide and failing to render aid or give information.
  730  782.072(2)          1st   Committing vessel homicide and failing to render aid or give information.
  731  790.161(3)          1st   Discharging a destructive device which results in bodily harm or property damage.
  732  794.011(5)          2nd   Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
  733  794.08(3)           2nd   Female genital mutilation, removal of a victim younger than 18 years of age from this state.
  734  800.04(4)           2nd   Lewd or lascivious battery.                
  735  806.01(1)           1st   Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
  736  810.02(2)(a)      1st,PBL Burglary with assault or battery.          
  737  810.02(2)(b)      1st,PBL Burglary; armed with explosives or dangerous weapon.
  738  810.02(2)(c)        1st   Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
  739  812.014(2)(a)2.     1st   Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
  740  812.13(2)(b)        1st   Robbery with a weapon.                     
  741  812.135(2)(c)       1st   Home-invasion robbery, no firearm, deadly weapon, or other weapon.
  742  817.568(6)          2nd   Fraudulent use of personal identification information of an individual under the age of 18.
  743  825.102(2)          1st   Aggravated abuse of an elderly person or disabled adult.
  744  825.1025(2)         2nd   Lewd or lascivious battery upon an elderly person or disabled adult.
  745  825.103(2)(a)       1st   Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.
  746  837.02(2)           2nd   Perjury in official proceedings relating to prosecution of a capital felony.
  747  837.021(2)          2nd   Making contradictory statements in official proceedings relating to prosecution of a capital felony.
  748  860.121(2)(c)       1st   Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
  749  860.16              1st   Aircraft piracy.                           
  750  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).
  751  893.13(2)(b)        1st   Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  752  893.13(6)(c)        1st   Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  753  893.135(1)(a)2.     1st   Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
  754  893.135 (1)(b)1.b.   1st   Trafficking in cocaine, more than 400 200 grams, less than 4 kilograms 400 grams.
  755  893.135 (1)(c)1.b.   1st   Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
  756  893.135 (1)(d)1.b.   1st   Trafficking in phencyclidine, more than 400 200 grams, less than 4 kilograms 400 grams.
  757  893.135 (1)(e)1.b.   1st   Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
  758  893.135 (1)(f)1.b.   1st   Trafficking in amphetamine, more than 200 28 grams, less than 400 200 grams.
  759  893.135 (1)(g)1.b.   1st   Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
  760  893.135 (1)(h)1.b.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 15 5 kilograms or more, less than 30 10 kilograms.
  761  893.135 (1)(j)1.b.   1st   Trafficking in 1,4-Butanediol, 15 5 kilograms or more, less than 30 10 kilograms.
  762  893.135 (1)(k)2.b.   1st   Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
  763  893.1351(3)         1st   Possession of a place used to manufacture controlled substance when minor is present or resides there.
  764  895.03(1)           1st   Use or invest proceeds derived from pattern of racketeering activity.
  765  895.03(2)           1st   Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
  766  895.03(3)           1st   Conduct or participate in any enterprise through pattern of racketeering activity.
  767  896.101(5)(b)       2nd   Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
  768  896.104(4)(a)2.     2nd   Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
  769         (i) LEVEL 9
  770  FloridaStatute    FelonyDegree               Description                
  771  316.193 (3)(c)3.b.   1st   DUI manslaughter; failing to render aid or give information.
  772  327.35(3)(c)3.b.     1st   BUI manslaughter; failing to render aid or give information.
  773  409.920 (2)(b)1.c.   1st   Medicaid provider fraud; $50,000 or more. 
  774  499.0051(9)          1st   Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
  775  560.123(8)(b)3.      1st   Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
  776  560.125(5)(c)        1st   Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
  777  655.50(10)(b)3.      1st   Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
  778  775.0844             1st   Aggravated white collar crime.            
  779  782.04(1)            1st   Attempt, conspire, or solicit to commit premeditated murder.
  780  782.04(3)          1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies.
  781  782.051(1)           1st   Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
  782  782.07(2)            1st   Aggravated manslaughter of an elderly person or disabled adult.
  783  787.01(1)(a)1.     1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
  784  787.01(1)(a)2.     1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
  785  787.01(1)(a)4.     1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
  786  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.
  787  790.161              1st   Attempted capital destructive device offense.
  788  790.166(2)         1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
  789  794.011(2)           1st   Attempted sexual battery; victim less than 12 years of age.
  790  794.011(2)          Life   Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
  791  794.011(4)           1st   Sexual battery; victim 12 years or older, certain circumstances.
  792  794.011(8)(b)        1st   Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
  793  794.08(2)            1st   Female genital mutilation; victim younger than 18 years of age.
  794  800.04(5)(b)        Life   Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
  795  812.13(2)(a)       1st,PBL Robbery with firearm or other deadly weapon.
  796  812.133(2)(a)      1st,PBL Carjacking; firearm or other deadly weapon.
  797  812.135(2)(b)        1st   Home-invasion robbery with weapon.        
  798  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.
  799  827.03(2)            1st   Aggravated child abuse.                   
  800  847.0145(1)          1st   Selling, or otherwise transferring custody or control, of a minor.
  801  847.0145(2)          1st   Purchasing, or otherwise obtaining custody or control, of a minor.
  802  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.
  803  893.135              1st   Attempted capital trafficking offense.    
  804  893.135(1)(a)3.      1st   Trafficking in cannabis, more than 10,000 lbs.
  805  893.135 (1)(b)1.c.   1st   Trafficking in cocaine, more than 4 kilograms 400 grams, less than 150 kilograms.
  806  893.135 (1)(c)1.c.   1st   Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
  807  893.135 (1)(d)1.c.   1st   Trafficking in phencyclidine, more than 4 kilograms 400 grams.
  808  893.135 (1)(e)1.c.   1st   Trafficking in methaqualone, more than 25 kilograms.
  809  893.135 (1)(f)1.c.   1st   Trafficking in amphetamine, more than 400 200 grams.
  810  893.135 (1)(h)1.c.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 30 10 kilograms or more.
  811  893.135 (1)(j)1.c.   1st   Trafficking in 1,4-Butanediol, 30 10 kilograms or more.
  812  893.135 (1)(k)2.c.   1st   Trafficking in Phenethylamines, 400 grams or more.
  813  896.101(5)(c)        1st   Money laundering, financial instruments totaling or exceeding $100,000.
  814  896.104(4)(a)3.      1st   Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
  815         Section 3. For the purpose of incorporating the amendments
  816  made by this act to section 893.135, Florida Statutes, in a
  817  reference thereto, paragraph (a) of subsection (2) of section
  818  775.087, Florida Statutes, is reenacted to read:
  819         775.087 Possession or use of weapon; aggravated battery;
  820  felony reclassification; minimum sentence.—
  821         (2)(a)1. Any person who is convicted of a felony or an
  822  attempt to commit a felony, regardless of whether the use of a
  823  weapon is an element of the felony, and the conviction was for:
  824         a. Murder;
  825         b. Sexual battery;
  826         c. Robbery;
  827         d. Burglary;
  828         e. Arson;
  829         f. Aggravated assault;
  830         g. Aggravated battery;
  831         h. Kidnapping;
  832         i. Escape;
  833         j. Aircraft piracy;
  834         k. Aggravated child abuse;
  835         l. Aggravated abuse of an elderly person or disabled adult;
  836         m. Unlawful throwing, placing, or discharging of a
  837  destructive device or bomb;
  838         n. Carjacking;
  839         o. Home-invasion robbery;
  840         p. Aggravated stalking;
  841         q. Trafficking in cannabis, trafficking in cocaine, capital
  842  importation of cocaine, trafficking in illegal drugs, capital
  843  importation of illegal drugs, trafficking in phencyclidine,
  844  capital importation of phencyclidine, trafficking in
  845  methaqualone, capital importation of methaqualone, trafficking
  846  in amphetamine, capital importation of amphetamine, trafficking
  847  in flunitrazepam, trafficking in gamma-hydroxybutyric acid
  848  (GHB), trafficking in 1,4-Butanediol, trafficking in
  849  Phenethylamines, or other violation of s. 893.135(1); or
  850         r. Possession of a firearm by a felon
  851  
  852  and during the commission of the offense, such person actually
  853  possessed a “firearm” or “destructive device” as those terms are
  854  defined in s. 790.001, shall be sentenced to a minimum term of
  855  imprisonment of 10 years, except that a person who is convicted
  856  for aggravated assault, possession of a firearm by a felon, or
  857  burglary of a conveyance shall be sentenced to a minimum term of
  858  imprisonment of 3 years if such person possessed a “firearm” or
  859  “destructive device” during the commission of the offense.
  860         2. Any person who is convicted of a felony or an attempt to
  861  commit a felony listed in sub-subparagraphs (a)1.a.-q.,
  862  regardless of whether the use of a weapon is an element of the
  863  felony, and during the course of the commission of the felony
  864  such person discharged a “firearm” or “destructive device” as
  865  defined in s. 790.001 shall be sentenced to a minimum term of
  866  imprisonment of 20 years.
  867         3. Any person who is convicted of a felony or an attempt to
  868  commit a felony listed in sub-subparagraphs (a)1.a.-q.,
  869  regardless of whether the use of a weapon is an element of the
  870  felony, and during the course of the commission of the felony
  871  such person discharged a “firearm” or “destructive device” as
  872  defined in s. 790.001 and, as the result of the discharge, death
  873  or great bodily harm was inflicted upon any person, the
  874  convicted person shall be sentenced to a minimum term of
  875  imprisonment of not less than 25 years and not more than a term
  876  of imprisonment of life in prison.
  877         Section 4. For the purpose of incorporating the amendments
  878  made by this act to section 893.135, Florida Statutes, in
  879  references thereto, paragraph (a) of subsection (1) and
  880  subsections (3) and (4) of section 782.04, Florida Statutes, are
  881  reenacted to read:
  882         782.04 Murder.—
  883         (1)(a) The unlawful killing of a human being:
  884         1. When perpetrated from a premeditated design to effect
  885  the death of the person killed or any human being;
  886         2. When committed by a person engaged in the perpetration
  887  of, or in the attempt to perpetrate, any:
  888         a. Trafficking offense prohibited by s. 893.135(1),
  889         b. Arson,
  890         c. Sexual battery,
  891         d. Robbery,
  892         e. Burglary,
  893         f. Kidnapping,
  894         g. Escape,
  895         h. Aggravated child abuse,
  896         i. Aggravated abuse of an elderly person or disabled adult,
  897         j. Aircraft piracy,
  898         k. Unlawful throwing, placing, or discharging of a
  899  destructive device or bomb,
  900         l. Carjacking,
  901         m. Home-invasion robbery,
  902         n. Aggravated stalking,
  903         o. Murder of another human being,
  904         p. Resisting an officer with violence to his or her person,
  905         q. Felony that is an act of terrorism or is in furtherance
  906  of an act of terrorism; or
  907         3. Which resulted from the unlawful distribution of any
  908  substance controlled under s. 893.03(1), cocaine as described in
  909  s. 893.03(2)(a)4., opium or any synthetic or natural salt,
  910  compound, derivative, or preparation of opium, or methadone by a
  911  person 18 years of age or older, when such drug is proven to be
  912  the proximate cause of the death of the user,
  913  
  914  is murder in the first degree and constitutes a capital felony,
  915  punishable as provided in s. 775.082.
  916         (3) When a person is killed in the perpetration of, or in
  917  the attempt to perpetrate, any:
  918         (a) Trafficking offense prohibited by s. 893.135(1),
  919         (b) Arson,
  920         (c) Sexual battery,
  921         (d) Robbery,
  922         (e) Burglary,
  923         (f) Kidnapping,
  924         (g) Escape,
  925         (h) Aggravated child abuse,
  926         (i) Aggravated abuse of an elderly person or disabled
  927  adult,
  928         (j) Aircraft piracy,
  929         (k) Unlawful throwing, placing, or discharging of a
  930  destructive device or bomb,
  931         (l) Carjacking,
  932         (m) Home-invasion robbery,
  933         (n) Aggravated stalking,
  934         (o) Murder of another human being,
  935         (p) Resisting an officer with violence to his or her
  936  person, or
  937         (q) Felony that is an act of terrorism or is in furtherance
  938  of an act of terrorism,
  939  
  940  by a person other than the person engaged in the perpetration of
  941  or in the attempt to perpetrate such felony, the person
  942  perpetrating or attempting to perpetrate such felony is guilty
  943  of murder in the second degree, which constitutes a felony of
  944  the first degree, punishable by imprisonment for a term of years
  945  not exceeding life or as provided in s. 775.082, s. 775.083, or
  946  s. 775.084.
  947         (4) The unlawful killing of a human being, when perpetrated
  948  without any design to effect death, by a person engaged in the
  949  perpetration of, or in the attempt to perpetrate, any felony
  950  other than any:
  951         (a) Trafficking offense prohibited by s. 893.135(1),
  952         (b) Arson,
  953         (c) Sexual battery,
  954         (d) Robbery,
  955         (e) Burglary,
  956         (f) Kidnapping,
  957         (g) Escape,
  958         (h) Aggravated child abuse,
  959         (i) Aggravated abuse of an elderly person or disabled
  960  adult,
  961         (j) Aircraft piracy,
  962         (k) Unlawful throwing, placing, or discharging of a
  963  destructive device or bomb,
  964         (l) Unlawful distribution of any substance controlled under
  965  s. 893.03(1), cocaine as described in s. 893.03(2)(a)4., or
  966  opium or any synthetic or natural salt, compound, derivative, or
  967  preparation of opium by a person 18 years of age or older, when
  968  such drug is proven to be the proximate cause of the death of
  969  the user,
  970         (m) Carjacking,
  971         (n) Home-invasion robbery,
  972         (o) Aggravated stalking,
  973         (p) Murder of another human being,
  974         (q) Resisting an officer with violence to his or her
  975  person, or
  976         (r) Felony that is an act of terrorism or is in furtherance
  977  of an act of terrorism,
  978  
  979  is murder in the third degree and constitutes a felony of the
  980  second degree, punishable as provided in s. 775.082, s. 775.083,
  981  or s. 775.084.
  982         Section 5. This act shall take effect July 1, 2012.

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