Bill Text: FL S1798 | 2011 | Regular Session | Introduced


Bill Title: Mandatory Minimum Sentences

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S1798 Detail]

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

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