| 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 in order to be subject to the automatic |
| 7 | imposition of a mandatory minimum term of |
| 8 | imprisonment; providing the method for determining the |
| 9 | weight of a controlled substance in a mixture that is |
| 10 | a prescription drug; revising legislative intent; |
| 11 | amending s. 921.0022, F.S.; revising provisions to |
| 12 | conform to changes made by the act; reenacting ss. |
| 13 | 775.087(2)(a) and 782.04(1)(a), (3), and (4), F.S., |
| 14 | relating to the possession or use of a weapon and |
| 15 | murder, respectively, to incorporate the amendments |
| 16 | made to s. 893.135, F.S., in references thereto; |
| 17 | repealing s. 893.101, F.S., relating to legislative |
| 18 | findings and intent relative to knowledge of a person |
| 19 | to the possession of a controlled substance; providing |
| 20 | an effective date. |
| 21 |
|
| 22 | Be It Enacted by the Legislature of the State of Florida: |
| 23 |
|
| 24 | Section 1. Section 893.135, Florida Statutes, is amended |
| 25 | to read: |
| 26 | 893.135 Trafficking; mandatory sentences; suspension or |
| 27 | reduction of sentences; conspiracy to engage in trafficking.- |
| 28 | (1) Except as authorized in this chapter or in chapter 499 |
| 29 | and notwithstanding the provisions of s. 893.13: |
| 30 | (a) Any person who knowingly sells, purchases, |
| 31 | manufactures, delivers, or brings into this state, or who is |
| 32 | knowingly in actual or constructive possession of, in excess of |
| 33 | 25 pounds of cannabis, or 300 or more cannabis plants, commits a |
| 34 | felony of the first degree, which felony shall be known as |
| 35 | "trafficking in cannabis," punishable as provided in s. 775.082, |
| 36 | s. 775.083, or s. 775.084. If the quantity of cannabis involved: |
| 37 | 1. Is in excess of 25 pounds, but less than 2,000 pounds, |
| 38 | or is 300 or more cannabis plants, but not more than 2,000 |
| 39 | cannabis plants, such person shall be sentenced to a mandatory |
| 40 | minimum term of imprisonment of 3 years, and the defendant shall |
| 41 | be ordered to pay a fine of $25,000. |
| 42 | 2. Is 2,000 pounds or more, but less than 10,000 pounds, |
| 43 | or is 2,000 or more cannabis plants, but not more than 10,000 |
| 44 | cannabis plants, such person shall be sentenced to a mandatory |
| 45 | minimum term of imprisonment of 7 years, and the defendant shall |
| 46 | be ordered to pay a fine of $50,000. |
| 47 | 3. Is 10,000 pounds or more, or is 10,000 or more cannabis |
| 48 | plants, such person shall be sentenced to a mandatory minimum |
| 49 | term of imprisonment of 15 calendar years, and the defendant |
| 50 | shall be ordered to pay a fine of $200,000. |
| 51 |
|
| 52 | For the purpose of this paragraph, a plant, including, but not |
| 53 | limited to, a seedling or cutting, is a "cannabis plant" if it |
| 54 | has some readily observable evidence of root formation, such as |
| 55 | root hairs. To determine if a piece or part of a cannabis plant |
| 56 | severed from the cannabis plant is itself a cannabis plant, the |
| 57 | severed piece or part must have some readily observable evidence |
| 58 | of root formation, such as root hairs. Callous tissue is not |
| 59 | readily observable evidence of root formation. The viability and |
| 60 | sex of a plant and the fact that the plant may or may not be a |
| 61 | dead harvested plant are not relevant in determining if the |
| 62 | plant is a "cannabis plant" or in the charging of an offense |
| 63 | under this paragraph. Upon conviction, the court shall impose |
| 64 | the longest term of imprisonment provided for in this paragraph. |
| 65 | (b)1. Any person who knowingly sells, purchases, |
| 66 | manufactures, delivers, or brings into this state, or who is |
| 67 | knowingly in actual or constructive possession of, 50 28 grams |
| 68 | or more of cocaine, as described in s. 893.03(2)(a)4., or of any |
| 69 | mixture containing cocaine, but less than 150 kilograms of |
| 70 | cocaine or any such mixture, commits a felony of the first |
| 71 | degree, which felony shall be known as "trafficking in cocaine," |
| 72 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
| 73 | If the quantity involved: |
| 74 | a. Is 50 28 grams or more, but less than 400 200 grams, |
| 75 | such person shall be sentenced to a mandatory minimum term of |
| 76 | imprisonment of 3 years, and the defendant shall be ordered to |
| 77 | pay a fine of $50,000. |
| 78 | b. Is 400 200 grams or more, but less than 4 kilograms 400 |
| 79 | grams, such person shall be sentenced to a mandatory minimum |
| 80 | term of imprisonment of 7 years, and the defendant shall be |
| 81 | ordered to pay a fine of $100,000. |
| 82 | c. Is 4 kilograms 400 grams or more, but less than 150 |
| 83 | kilograms, such person shall be sentenced to a mandatory minimum |
| 84 | term of imprisonment of 15 calendar years, and the defendant |
| 85 | shall be ordered to pay a fine of $250,000. |
| 86 | 2. Any person who knowingly sells, purchases, |
| 87 | manufactures, delivers, or brings into this state, or who is |
| 88 | knowingly in actual or constructive possession of, 150 kilograms |
| 89 | or more of cocaine, as described in s. 893.03(2)(a)4., commits |
| 90 | the first degree felony of trafficking in cocaine. A person who |
| 91 | has been convicted of the first-degree first degree felony of |
| 92 | trafficking in cocaine under this subparagraph shall be punished |
| 93 | by life imprisonment and is ineligible for any form of |
| 94 | discretionary early release except pardon or executive clemency |
| 95 | or conditional medical release under s. 947.149. However, if the |
| 96 | court determines that, in addition to committing any act |
| 97 | specified in this paragraph: |
| 98 | a. The person intentionally killed an individual or |
| 99 | counseled, commanded, induced, procured, or caused the |
| 100 | intentional killing of an individual and such killing was the |
| 101 | result; or |
| 102 | b. The person's conduct in committing that act led to a |
| 103 | natural, though not inevitable, lethal result, |
| 104 |
|
| 105 | such person commits the capital felony of trafficking in |
| 106 | cocaine, punishable as provided in ss. 775.082 and 921.142. Any |
| 107 | person sentenced for a capital felony under this paragraph shall |
| 108 | also be ordered sentenced to pay the maximum fine provided under |
| 109 | subparagraph 1. |
| 110 | 3. Any person who knowingly brings into this state 300 |
| 111 | kilograms or more of cocaine, as described in s. 893.03(2)(a)4., |
| 112 | and who knows that the probable result of such importation would |
| 113 | be the death of any person, commits capital importation of |
| 114 | cocaine, a capital felony punishable as provided in ss. 775.082 |
| 115 | and 921.142. Any person sentenced for a capital felony under |
| 116 | this paragraph shall also be ordered sentenced to pay the |
| 117 | maximum fine provided under subparagraph 1. |
| 118 | (c)1. Any person who knowingly sells, purchases, |
| 119 | manufactures, delivers, or brings into this state, or who is |
| 120 | knowingly in actual or constructive possession of, 4 grams or |
| 121 | more of any morphine, opium, oxycodone, hydrocodone, |
| 122 | hydromorphone, or any salt, derivative, isomer, or salt of an |
| 123 | isomer thereof, including heroin, as described in s. |
| 124 | 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 4 grams or more |
| 125 | of any mixture containing any such substance, but less than 30 |
| 126 | kilograms of such substance or mixture, commits a felony of the |
| 127 | first degree, which felony shall be known as "trafficking in |
| 128 | illegal drugs," punishable as provided in s. 775.082, s. |
| 129 | 775.083, or s. 775.084. If the quantity involved: |
| 130 | a. Is 4 grams or more, but less than 14 grams, such person |
| 131 | shall be sentenced to a mandatory minimum term of imprisonment |
| 132 | of 3 years, and the defendant shall be ordered to pay a fine of |
| 133 | $50,000. |
| 134 | b. Is 14 grams or more, but less than 28 grams, such |
| 135 | person shall be sentenced to a mandatory minimum term of |
| 136 | imprisonment of 15 years, and the defendant shall be ordered to |
| 137 | pay a fine of $100,000. |
| 138 | c. Is 28 grams or more, but less than 30 kilograms, such |
| 139 | person shall be sentenced to a mandatory minimum term of |
| 140 | imprisonment of 25 calendar years, and the defendant shall be |
| 141 | ordered to pay a fine of $500,000. |
| 142 | 2. Any person who knowingly sells, purchases, |
| 143 | manufactures, delivers, or brings into this state, or who is |
| 144 | knowingly in actual or constructive possession of, 30 kilograms |
| 145 | or more of any morphine, opium, oxycodone, hydrocodone, |
| 146 | hydromorphone, or any salt, derivative, isomer, or salt of an |
| 147 | isomer thereof, including heroin, as described in s. |
| 148 | 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or |
| 149 | more of any mixture containing any such substance, commits the |
| 150 | first-degree first degree felony of trafficking in illegal |
| 151 | drugs. A person who has been convicted of the first-degree first |
| 152 | degree felony of trafficking in illegal drugs under this |
| 153 | subparagraph shall be punished by life imprisonment and is |
| 154 | ineligible for any form of discretionary early release except |
| 155 | pardon or executive clemency or conditional medical release |
| 156 | under s. 947.149. However, if the court determines that, in |
| 157 | addition to committing any act specified in this paragraph: |
| 158 | a. The person intentionally killed an individual or |
| 159 | counseled, commanded, induced, procured, or caused the |
| 160 | intentional killing of an individual and such killing was the |
| 161 | result; or |
| 162 | b. The person's conduct in committing that act led to a |
| 163 | natural, though not inevitable, lethal result, |
| 164 |
|
| 165 | such person commits the capital felony of trafficking in illegal |
| 166 | drugs, punishable as provided in ss. 775.082 and 921.142. Any |
| 167 | person sentenced for a capital felony under this paragraph shall |
| 168 | also be ordered sentenced to pay the maximum fine provided under |
| 169 | subparagraph 1. |
| 170 | 3. Any person who knowingly brings into this state 60 |
| 171 | kilograms or more of any morphine, opium, oxycodone, |
| 172 | hydrocodone, hydromorphone, or any salt, derivative, isomer, or |
| 173 | salt of an isomer thereof, including heroin, as described in s. |
| 174 | 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 60 kilograms or |
| 175 | more of any mixture containing any such substance, and who knows |
| 176 | that the probable result of such importation would be the death |
| 177 | of any person, commits capital importation of illegal drugs, a |
| 178 | capital felony punishable as provided in ss. 775.082 and |
| 179 | 921.142. Any person sentenced for a capital felony under this |
| 180 | paragraph shall also be ordered sentenced to pay the maximum |
| 181 | fine provided under subparagraph 1. |
| 182 | (d)1. Any person who knowingly sells, purchases, |
| 183 | manufactures, delivers, or brings into this state, or who is |
| 184 | knowingly in actual or constructive possession of, 28 grams or |
| 185 | more of phencyclidine or of any mixture containing |
| 186 | phencyclidine, as described in s. 893.03(2)(b), commits a felony |
| 187 | of the first degree, which felony shall be known as "trafficking |
| 188 | in phencyclidine," punishable as provided in s. 775.082, s. |
| 189 | 775.083, or s. 775.084. If the quantity involved: |
| 190 | a. Is 50 28 grams or more, but less than 400 200 grams, |
| 191 | such person shall be sentenced to a mandatory minimum term of |
| 192 | imprisonment of 3 years, and the defendant shall be ordered to |
| 193 | pay a fine of $50,000. |
| 194 | b. Is 400 200 grams or more, but less than 4 kilograms 400 |
| 195 | grams, such person shall be sentenced to a mandatory minimum |
| 196 | term of imprisonment of 7 years, and the defendant shall be |
| 197 | ordered to pay a fine of $100,000. |
| 198 | c. Is 4 kilograms 400 grams or more, such person shall be |
| 199 | sentenced to a mandatory minimum term of imprisonment of 15 |
| 200 | calendar years, and the defendant shall be ordered to pay a fine |
| 201 | of $250,000. |
| 202 | 2. Any person who knowingly brings into this state 8 |
| 203 | kilograms 800 grams or more of phencyclidine or of any mixture |
| 204 | containing phencyclidine, as described in s. 893.03(2)(b), and |
| 205 | who knows that the probable result of such importation would be |
| 206 | the death of any person commits capital importation of |
| 207 | phencyclidine, a capital felony punishable as provided in ss. |
| 208 | 775.082 and 921.142. Any person sentenced for a capital felony |
| 209 | under this paragraph shall also be ordered sentenced to pay the |
| 210 | maximum fine provided under subparagraph 1. |
| 211 | (e)1. Any person who knowingly sells, purchases, |
| 212 | manufactures, delivers, or brings into this state, or who is |
| 213 | knowingly in actual or constructive possession of, 200 grams or |
| 214 | more of methaqualone or of any mixture containing methaqualone, |
| 215 | as described in s. 893.03(1)(d), commits a felony of the first |
| 216 | degree, which felony shall be known as "trafficking in |
| 217 | methaqualone," punishable as provided in s. 775.082, s. 775.083, |
| 218 | or s. 775.084. If the quantity involved: |
| 219 | a. Is 200 grams or more, but less than 5 kilograms, such |
| 220 | person shall be sentenced to a mandatory minimum term of |
| 221 | imprisonment of 3 years, and the defendant shall be ordered to |
| 222 | pay a fine of $50,000. |
| 223 | b. Is 5 kilograms or more, but less than 25 kilograms, |
| 224 | such person shall be sentenced to a mandatory minimum term of |
| 225 | imprisonment of 7 years, and the defendant shall be ordered to |
| 226 | pay a fine of $100,000. |
| 227 | c. Is 25 kilograms or more, such person shall be sentenced |
| 228 | to a mandatory minimum term of imprisonment of 15 calendar |
| 229 | years, and the defendant shall be ordered to pay a fine of |
| 230 | $250,000. |
| 231 | 2. Any person who knowingly brings into this state 50 |
| 232 | kilograms or more of methaqualone or of any mixture containing |
| 233 | methaqualone, as described in s. 893.03(1)(d), and who knows |
| 234 | that the probable result of such importation would be the death |
| 235 | of any person commits capital importation of methaqualone, a |
| 236 | capital felony punishable as provided in ss. 775.082 and |
| 237 | 921.142. Any person sentenced for a capital felony under this |
| 238 | paragraph shall also be ordered sentenced to pay the maximum |
| 239 | fine provided under subparagraph 1. |
| 240 | (f)1. Any person who knowingly sells, purchases, |
| 241 | manufactures, delivers, or brings into this state, or who is |
| 242 | knowingly in actual or constructive possession of, 30 14 grams |
| 243 | or more of amphetamine, as described in s. 893.03(2)(c)2., or |
| 244 | methamphetamine, as described in s. 893.03(2)(c)4., or of any |
| 245 | mixture containing amphetamine or methamphetamine, or |
| 246 | phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine |
| 247 | in conjunction with other chemicals and equipment utilized in |
| 248 | the manufacture of amphetamine or methamphetamine, commits a |
| 249 | felony of the first degree, which felony shall be known as |
| 250 | "trafficking in amphetamine," punishable as provided in s. |
| 251 | 775.082, s. 775.083, or s. 775.084. If the quantity involved: |
| 252 | a. Is 30 14 grams or more, but less than 200 28 grams, |
| 253 | such person shall be sentenced to a mandatory minimum term of |
| 254 | imprisonment of 3 years, and the defendant shall be ordered to |
| 255 | pay a fine of $50,000. |
| 256 | b. Is 200 28 grams or more, but less than 400 200 grams, |
| 257 | such person shall be sentenced to a mandatory minimum term of |
| 258 | imprisonment of 7 years, and the defendant shall be ordered to |
| 259 | pay a fine of $100,000. |
| 260 | c. Is 400 200 grams or more, such person shall be |
| 261 | sentenced to a mandatory minimum term of imprisonment of 15 |
| 262 | calendar years, and the defendant shall be ordered to pay a fine |
| 263 | of $250,000. |
| 264 | 2. Any person who knowingly manufactures or brings into |
| 265 | this state 1.5 kilograms 400 grams or more of amphetamine, as |
| 266 | described in s. 893.03(2)(c)2., or methamphetamine, as described |
| 267 | in s. 893.03(2)(c)4., or of any mixture containing amphetamine |
| 268 | or methamphetamine, or phenylacetone, phenylacetic acid, |
| 269 | pseudoephedrine, or ephedrine in conjunction with other |
| 270 | chemicals and equipment used in the manufacture of amphetamine |
| 271 | or methamphetamine, and who knows that the probable result of |
| 272 | such manufacture or importation would be the death of any person |
| 273 | commits capital manufacture or importation of amphetamine, a |
| 274 | capital felony punishable as provided in ss. 775.082 and |
| 275 | 921.142. Any person sentenced for a capital felony under this |
| 276 | paragraph shall also be ordered sentenced to pay the maximum |
| 277 | fine provided under subparagraph 1. |
| 278 | (g)1. Any person who knowingly sells, purchases, |
| 279 | manufactures, delivers, or brings into this state, or who is |
| 280 | knowingly in actual or constructive possession of, 4 grams or |
| 281 | more of flunitrazepam or any mixture containing flunitrazepam as |
| 282 | described in s. 893.03(1)(a) commits a felony of the first |
| 283 | degree, which felony shall be known as "trafficking in |
| 284 | flunitrazepam," punishable as provided in s. 775.082, s. |
| 285 | 775.083, or s. 775.084. If the quantity involved: |
| 286 | a. Is 4 grams or more but less than 14 grams, such person |
| 287 | shall be sentenced to a mandatory minimum term of imprisonment |
| 288 | of 3 years, and the defendant shall be ordered to pay a fine of |
| 289 | $50,000. |
| 290 | b. Is 14 grams or more but less than 28 grams, such person |
| 291 | shall be sentenced to a mandatory minimum term of imprisonment |
| 292 | of 7 years, and the defendant shall be ordered to pay a fine of |
| 293 | $100,000. |
| 294 | c. Is 28 grams or more but less than 30 kilograms, such |
| 295 | person shall be sentenced to a mandatory minimum term of |
| 296 | imprisonment of 25 calendar years, and the defendant shall be |
| 297 | ordered to pay a fine of $500,000. |
| 298 | 2. Any person who knowingly sells, purchases, |
| 299 | manufactures, delivers, or brings into this state or who is |
| 300 | knowingly in actual or constructive possession of 30 kilograms |
| 301 | or more of flunitrazepam or any mixture containing flunitrazepam |
| 302 | as described in s. 893.03(1)(a) commits the first-degree first |
| 303 | degree felony of trafficking in flunitrazepam. A person who has |
| 304 | been convicted of the first-degree first degree felony of |
| 305 | trafficking in flunitrazepam under this subparagraph shall be |
| 306 | punished by life imprisonment and is ineligible for any form of |
| 307 | discretionary early release except pardon or executive clemency |
| 308 | or conditional medical release under s. 947.149. However, if the |
| 309 | court determines that, in addition to committing any act |
| 310 | specified in this paragraph: |
| 311 | a. The person intentionally killed an individual or |
| 312 | counseled, commanded, induced, procured, or caused the |
| 313 | intentional killing of an individual and such killing was the |
| 314 | result; or |
| 315 | b. The person's conduct in committing that act led to a |
| 316 | natural, though not inevitable, lethal result, |
| 317 |
|
| 318 | such person commits the capital felony of trafficking in |
| 319 | flunitrazepam, punishable as provided in ss. 775.082 and |
| 320 | 921.142. Any person sentenced for a capital felony under this |
| 321 | paragraph shall also be ordered sentenced to pay the maximum |
| 322 | fine provided under subparagraph 1. |
| 323 | (h)1. Any person who knowingly sells, purchases, |
| 324 | manufactures, delivers, or brings into this state, or who is |
| 325 | knowingly in actual or constructive possession of, 5 kilograms 1 |
| 326 | kilogram or more of gamma-hydroxybutyric acid (GHB), as |
| 327 | described in s. 893.03(1)(d), or any mixture containing gamma- |
| 328 | hydroxybutyric acid (GHB), commits a felony of the first degree, |
| 329 | which felony shall be known as "trafficking in gamma- |
| 330 | hydroxybutyric acid (GHB)," punishable as provided in s. |
| 331 | 775.082, s. 775.083, or s. 775.084. If the quantity involved: |
| 332 | a. Is 5 kilograms 1 kilogram or more but less than 15 5 |
| 333 | kilograms, such person shall be sentenced to a mandatory minimum |
| 334 | term of imprisonment of 3 years, and the defendant shall be |
| 335 | ordered to pay a fine of $50,000. |
| 336 | b. Is 15 5 kilograms or more but less than 30 10 |
| 337 | kilograms, such person shall be sentenced to a mandatory minimum |
| 338 | term of imprisonment of 7 years, and the defendant shall be |
| 339 | ordered to pay a fine of $100,000. |
| 340 | c. Is 30 10 kilograms or more, such person shall be |
| 341 | sentenced to a mandatory minimum term of imprisonment of 15 |
| 342 | calendar years, and the defendant shall be ordered to pay a fine |
| 343 | of $250,000. |
| 344 | 2. Any person who knowingly manufactures or brings into |
| 345 | this state 150 kilograms or more of gamma-hydroxybutyric acid |
| 346 | (GHB), as described in s. 893.03(1)(d), or any mixture |
| 347 | containing gamma-hydroxybutyric acid (GHB), and who knows that |
| 348 | the probable result of such manufacture or importation would be |
| 349 | the death of any person commits capital manufacture or |
| 350 | importation of gamma-hydroxybutyric acid (GHB), a capital felony |
| 351 | punishable as provided in ss. 775.082 and 921.142. Any person |
| 352 | sentenced for a capital felony under this paragraph shall also |
| 353 | be ordered sentenced to pay the maximum fine provided under |
| 354 | subparagraph 1. |
| 355 | (i)1. Any person who knowingly sells, purchases, |
| 356 | manufactures, delivers, or brings into this state, or who is |
| 357 | knowingly in actual or constructive possession of, 5 kilograms 1 |
| 358 | kilogram or more of gamma-butyrolactone (GBL), as described in |
| 359 | s. 893.03(1)(d), or any mixture containing gamma-butyrolactone |
| 360 | (GBL), commits a felony of the first degree, which felony shall |
| 361 | be known as "trafficking in gamma-butyrolactone (GBL)," |
| 362 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
| 363 | If the quantity involved: |
| 364 | a. Is 5 kilograms 1 kilogram or more but less than 15 5 |
| 365 | kilograms, such person shall be sentenced to a mandatory minimum |
| 366 | term of imprisonment of 3 years, and the defendant shall be |
| 367 | ordered to pay a fine of $50,000. |
| 368 | b. Is 15 5 kilograms or more but less than 30 10 |
| 369 | kilograms, such person shall be sentenced to a mandatory minimum |
| 370 | term of imprisonment of 7 years, and the defendant shall be |
| 371 | ordered to pay a fine of $100,000. |
| 372 | c. Is 30 10 kilograms or more, such person shall be |
| 373 | sentenced to a mandatory minimum term of imprisonment of 15 |
| 374 | calendar years, and the defendant shall be ordered to pay a fine |
| 375 | of $250,000. |
| 376 | 2. Any person who knowingly manufactures or brings into |
| 377 | the state 150 kilograms or more of gamma-butyrolactone (GBL), as |
| 378 | described in s. 893.03(1)(d), or any mixture containing gamma- |
| 379 | butyrolactone (GBL), and who knows that the probable result of |
| 380 | such manufacture or importation would be the death of any person |
| 381 | commits capital manufacture or importation of gamma- |
| 382 | butyrolactone (GBL), a capital felony punishable as provided in |
| 383 | ss. 775.082 and 921.142. Any person sentenced for a capital |
| 384 | felony under this paragraph shall also be ordered sentenced to |
| 385 | pay the maximum fine provided under subparagraph 1. |
| 386 | (j)1. Any person who knowingly sells, purchases, |
| 387 | manufactures, delivers, or brings into this state, or who is |
| 388 | knowingly in actual or constructive possession of, 5 kilograms 1 |
| 389 | kilogram or more of 1,4-Butanediol as described in s. |
| 390 | 893.03(1)(d), or of any mixture containing 1,4-Butanediol, |
| 391 | commits a felony of the first degree, which felony shall be |
| 392 | known as "trafficking in 1,4-Butanediol," punishable as provided |
| 393 | in s. 775.082, s. 775.083, or s. 775.084. If the quantity |
| 394 | involved: |
| 395 | a. Is 5 kilograms 1 kilogram or more, but less than 15 5 |
| 396 | kilograms, such person shall be sentenced to a mandatory minimum |
| 397 | term of imprisonment of 3 years, and the defendant shall be |
| 398 | ordered to pay a fine of $50,000. |
| 399 | b. Is 15 5 kilograms or more, but less than 30 10 |
| 400 | kilograms, such person shall be sentenced to a mandatory minimum |
| 401 | term of imprisonment of 7 years, and the defendant shall be |
| 402 | ordered to pay a fine of $100,000. |
| 403 | c. Is 30 10 kilograms or more, such person shall be |
| 404 | sentenced to a mandatory minimum term of imprisonment of 15 |
| 405 | calendar years, and the defendant shall be ordered to pay a fine |
| 406 | of $500,000. |
| 407 | 2. Any person who knowingly manufactures or brings into |
| 408 | this state 150 kilograms or more of 1,4-Butanediol as described |
| 409 | in s. 893.03(1)(d), or any mixture containing 1,4-Butanediol, |
| 410 | and who knows that the probable result of such manufacture or |
| 411 | importation would be the death of any person commits capital |
| 412 | manufacture or importation of 1,4-Butanediol, a capital felony |
| 413 | punishable as provided in ss. 775.082 and 921.142. Any person |
| 414 | sentenced for a capital felony under this paragraph shall also |
| 415 | be ordered sentenced to pay the maximum fine provided under |
| 416 | subparagraph 1. |
| 417 | (k)1. Any person who knowingly sells, purchases, |
| 418 | manufactures, delivers, or brings into this state, or who is |
| 419 | knowingly in actual or constructive possession of, 10 grams or |
| 420 | more of any of the following substances described in s. |
| 421 | 893.03(1)(a) or (c): |
| 422 | a. 3,4-Methylenedioxymethamphetamine (MDMA); |
| 423 | b. 4-Bromo-2,5-dimethoxyamphetamine; |
| 424 | c. 4-Bromo-2,5-dimethoxyphenethylamine; |
| 425 | d. 2,5-Dimethoxyamphetamine; |
| 426 | e. 2,5-Dimethoxy-4-ethylamphetamine (DOET); |
| 427 | f. N-ethylamphetamine; |
| 428 | g. N-Hydroxy-3,4-methylenedioxyamphetamine; |
| 429 | h. 5-Methoxy-3,4-methylenedioxyamphetamine; |
| 430 | i. 4-methoxyamphetamine; |
| 431 | j. 4-methoxymethamphetamine; |
| 432 | k. 4-Methyl-2,5-dimethoxyamphetamine; |
| 433 | l. 3,4-Methylenedioxy-N-ethylamphetamine; |
| 434 | m. 3,4-Methylenedioxyamphetamine; |
| 435 | n. N,N-dimethylamphetamine; or |
| 436 | o. 3,4,5-Trimethoxyamphetamine, |
| 437 |
|
| 438 | individually or in any combination of or any mixture containing |
| 439 | any substance listed in sub-subparagraphs a.-o., commits a |
| 440 | felony of the first degree, which felony shall be known as |
| 441 | "trafficking in Phenethylamines," punishable as provided in s. |
| 442 | 775.082, s. 775.083, or s. 775.084. |
| 443 | 2. If the quantity involved: |
| 444 | a. Is 30 10 grams or more but less than 200 grams, such |
| 445 | person shall be sentenced to a mandatory minimum term of |
| 446 | imprisonment of 3 years, and the defendant shall be ordered to |
| 447 | pay a fine of $50,000. |
| 448 | b. Is 200 grams or more, but less than 400 grams, such |
| 449 | person shall be sentenced to a mandatory minimum term of |
| 450 | imprisonment of 7 years, and the defendant shall be ordered to |
| 451 | pay a fine of $100,000. |
| 452 | c. Is 400 grams or more, such person shall be sentenced to |
| 453 | a mandatory minimum term of imprisonment of 15 calendar years, |
| 454 | and the defendant shall be ordered to pay a fine of $250,000. |
| 455 | 3. Any person who knowingly manufactures or brings into |
| 456 | this state 30 kilograms or more of any of the following |
| 457 | substances described in s. 893.03(1)(a) or (c): |
| 458 | a. 3,4-Methylenedioxymethamphetamine (MDMA); |
| 459 | b. 4-Bromo-2,5-dimethoxyamphetamine; |
| 460 | c. 4-Bromo-2,5-dimethoxyphenethylamine; |
| 461 | d. 2,5-Dimethoxyamphetamine; |
| 462 | e. 2,5-Dimethoxy-4-ethylamphetamine (DOET); |
| 463 | f. N-ethylamphetamine; |
| 464 | g. N-Hydroxy-3,4-methylenedioxyamphetamine; |
| 465 | h. 5-Methoxy-3,4-methylenedioxyamphetamine; |
| 466 | i. 4-methoxyamphetamine; |
| 467 | j. 4-methoxymethamphetamine; |
| 468 | k. 4-Methyl-2,5-dimethoxyamphetamine; |
| 469 | l. 3,4-Methylenedioxy-N-ethylamphetamine; |
| 470 | m. 3,4-Methylenedioxyamphetamine; |
| 471 | n. N,N-dimethylamphetamine; or |
| 472 | o. 3,4,5-Trimethoxyamphetamine, |
| 473 |
|
| 474 | individually or in any combination of or any mixture containing |
| 475 | any substance listed in sub-subparagraphs a.-o., and who knows |
| 476 | that the probable result of such manufacture or importation |
| 477 | would be the death of any person commits capital manufacture or |
| 478 | importation of Phenethylamines, a capital felony punishable as |
| 479 | provided in ss. 775.082 and 921.142. Any person sentenced for a |
| 480 | capital felony under this paragraph shall also be ordered |
| 481 | sentenced to pay the maximum fine provided under subparagraph 1. |
| 482 | (l)1. Any person who knowingly sells, purchases, |
| 483 | manufactures, delivers, or brings into this state, or who is |
| 484 | knowingly in actual or constructive possession of, 1 gram or |
| 485 | more of lysergic acid diethylamide (LSD) as described in s. |
| 486 | 893.03(1)(c), or of any mixture containing lysergic acid |
| 487 | diethylamide (LSD), commits a felony of the first degree, which |
| 488 | felony shall be known as "trafficking in lysergic acid |
| 489 | diethylamide (LSD)," punishable as provided in s. 775.082, s. |
| 490 | 775.083, or s. 775.084. If the quantity involved: |
| 491 | a. Is 1 gram or more, but less than 5 grams, such person |
| 492 | shall be sentenced to a mandatory minimum term of imprisonment |
| 493 | of 3 years, and the defendant shall be ordered to pay a fine of |
| 494 | $50,000. |
| 495 | b. Is 5 grams or more, but less than 7 grams, such person |
| 496 | shall be sentenced to a mandatory minimum term of imprisonment |
| 497 | of 7 years, and the defendant shall be ordered to pay a fine of |
| 498 | $100,000. |
| 499 | c. Is 7 grams or more, such person shall be sentenced to a |
| 500 | mandatory minimum term of imprisonment of 15 calendar years, and |
| 501 | the defendant shall be ordered to pay a fine of $500,000. |
| 502 | 2. Any person who knowingly manufactures or brings into |
| 503 | this state 7 grams or more of lysergic acid diethylamide (LSD) |
| 504 | as described in s. 893.03(1)(c), or any mixture containing |
| 505 | lysergic acid diethylamide (LSD), and who knows that the |
| 506 | probable result of such manufacture or importation would be the |
| 507 | death of any person commits capital manufacture or importation |
| 508 | of lysergic acid diethylamide (LSD), a capital felony punishable |
| 509 | as provided in ss. 775.082 and 921.142. Any person sentenced for |
| 510 | a capital felony under this paragraph shall also be ordered |
| 511 | sentenced to pay the maximum fine provided under subparagraph 1. |
| 512 | (2) A person acts knowingly under subsection (1) if that |
| 513 | person intends to sell, purchase, manufacture, deliver, or bring |
| 514 | into this state, or to actually or constructively possess, any |
| 515 | of the controlled substances listed in subsection (1), |
| 516 | regardless of which controlled substance listed in subsection |
| 517 | (1) is in fact sold, purchased, manufactured, delivered, or |
| 518 | brought into this state, or actually or constructively |
| 519 | possessed. |
| 520 | (3) Notwithstanding the provisions of s. 948.01, with |
| 521 | respect to any person who is found to have violated this |
| 522 | section, adjudication of guilt or imposition of sentence may |
| 523 | shall not be suspended, deferred, or withheld, and nor shall |
| 524 | such person is not be eligible for parole before prior to |
| 525 | serving the mandatory minimum term of imprisonment prescribed by |
| 526 | this section. A person sentenced to a mandatory minimum term of |
| 527 | imprisonment under this section is not eligible for any form of |
| 528 | discretionary early release, except pardon or executive clemency |
| 529 | or conditional medical release under s. 947.149, before prior to |
| 530 | serving the mandatory minimum term of imprisonment. |
| 531 | (4) The state attorney may move the sentencing court to |
| 532 | reduce or suspend the sentence of any person who is convicted of |
| 533 | a violation of this section and who provides substantial |
| 534 | assistance in the identification, arrest, or conviction of any |
| 535 | of that person's accomplices, accessories, coconspirators, or |
| 536 | principals or of any other person engaged in trafficking in |
| 537 | controlled substances. The arresting agency shall be given an |
| 538 | opportunity to be heard in aggravation or mitigation in |
| 539 | reference to any such motion. Upon good cause shown, the motion |
| 540 | may be filed and heard in camera. The judge hearing the motion |
| 541 | may reduce or suspend, defer, or withhold the sentence or |
| 542 | adjudication of guilt if the judge finds that the defendant |
| 543 | rendered such substantial assistance. |
| 544 | (5) Any person who agrees, conspires, combines, or |
| 545 | confederates with another person to commit any act prohibited by |
| 546 | subsection (1) commits a felony of the first degree and is |
| 547 | punishable as if he or she had actually committed such |
| 548 | prohibited act. Nothing in This subsection does not shall be |
| 549 | construed to prohibit separate convictions and sentences for a |
| 550 | violation of this subsection and any violation of subsection |
| 551 | (1). |
| 552 | (6) A mixture, as defined in s. 893.02, containing any |
| 553 | controlled substance described in this section includes, but is |
| 554 | not limited to, a solution or a dosage unit, including, but not |
| 555 | limited to, a pill or tablet, containing a controlled substance. |
| 556 | For the purpose of clarifying legislative intent regarding the |
| 557 | weighing of a mixture containing a controlled substance |
| 558 | described in this section, the weight of the controlled |
| 559 | substance is the total weight of the mixture, including the |
| 560 | controlled substance and any other substance in the mixture. |
| 561 | However, if the mixture is a prescription drug as defined in s. |
| 562 | 499.003 and the weight of the controlled substance in the |
| 563 | mixture can be identified using the national drug code, the |
| 564 | weight of the controlled substance is the weight identified in |
| 565 | the national drug code. If there is more than one mixture |
| 566 | containing the same controlled substance, the weight of the |
| 567 | controlled substance is calculated by aggregating the total |
| 568 | weight of each mixture. |
| 569 | (7) For the purpose of further clarifying legislative |
| 570 | intent, the Legislature finds that the opinion in Hayes v. |
| 571 | State, 750 So. 2d 1 (Fla. 1999) does not correctly construes |
| 572 | construe legislative intent. The Legislature finds that the |
| 573 | opinions in State v. Hayes, 720 So. 2d 1095 (Fla. 4th DCA 1998) |
| 574 | and State v. Baxley, 684 So. 2d 831 (Fla. 5th DCA 1996) do not |
| 575 | correctly construe legislative intent. |
| 576 | Section 2. Paragraphs (g), (h), and (i) of subsection (3) |
| 577 | of section 921.0022, Florida Statutes, are amended to read: |
| 578 | 921.0022 Criminal Punishment Code; offense severity |
| 579 | ranking chart.- |
| 580 | (3) OFFENSE SEVERITY RANKING CHART |
| 581 | (g) LEVEL 7 |
| 582 |
|
| | | Florida Statute | Felony Degree | Description |
|
| 583 |
|
| | | 316.027(1)(b) | 1st | Accident involving death, failure to stop; leaving scene. |
|
| 584 |
|
| | | 316.193(3)(c)2. | 3rd | DUI resulting in serious bodily injury. |
|
| 585 |
|
| | | 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. |
|
| 586 |
|
| | | 327.35(3)(c)2. | 3rd | Vessel BUI resulting in serious bodily injury. |
|
| 587 |
|
| | | 402.319(2) | 2nd | Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. |
|
| 588 |
|
| | | 409.920 (2)(b)1.a. | 3rd | Medicaid provider fraud; $10,000 or less. |
|
| 589 |
|
| | | 409.920 (2)(b)1.b. | 2nd | Medicaid provider fraud; more than $10,000, but less than $50,000. |
|
| 590 |
|
| | | 456.065(2) | 3rd | Practicing a health care profession without a license. |
|
| 591 |
|
| | | 456.065(2) | 2nd | Practicing a health care profession without a license which results in serious bodily injury. |
|
| 592 |
|
| | | 458.327(1) | 3rd | Practicing medicine without a license. |
|
| 593 |
|
| | | 459.013(1) | 3rd | Practicing osteopathic medicine without a license. |
|
| 594 |
|
| | | 460.411(1) | 3rd | Practicing chiropractic medicine without a license. |
|
| 595 |
|
| | | 461.012(1) | 3rd | Practicing podiatric medicine without a license. |
|
| 596 |
|
| | | 462.17 | 3rd | Practicing naturopathy without a license. |
|
| 597 |
|
| | | 463.015(1) | 3rd | Practicing optometry without a license. |
|
| 598 |
|
| | | 464.016(1) | 3rd | Practicing nursing without a license. |
|
| 599 |
|
| | | 465.015(2) | 3rd | Practicing pharmacy without a license. |
|
| 600 |
|
| | | 466.026(1) | 3rd | Practicing dentistry or dental hygiene without a license. |
|
| 601 |
|
| | | 467.201 | 3rd | Practicing midwifery without a license. |
|
| 602 |
|
| | | 468.366 | 3rd | Delivering respiratory care services without a license. |
|
| 603 |
|
| | | 483.828(1) | 3rd | Practicing as clinical laboratory personnel without a license. |
|
| 604 |
|
| | | 483.901(9) | 3rd | Practicing medical physics without a license. |
|
| 605 |
|
| | | 484.013(1)(c) | 3rd | Preparing or dispensing optical devices without a prescription. |
|
| 606 |
|
| | | 484.053 | 3rd | Dispensing hearing aids without a license. |
|
| 607 |
|
| | | 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. |
|
| 608 |
|
| | | 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. |
|
| 609 |
|
| | | 560.125(5)(a) | 3rd | Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000. |
|
| 610 |
|
| | | 655.50(10)(b)1. | 3rd | Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. |
|
| 611 |
|
| | | 775.21(10)(a) | 3rd | Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations. |
|
| 612 |
|
| | | 775.21(10)(b) | 3rd | Sexual predator working where children regularly congregate. |
|
| 613 |
|
| | | 775.21(10)(g) | 3rd | Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator. |
|
| 614 |
|
| | | 782.051(3) | 2nd | Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. |
|
| 615 |
|
| | | 782.07(1) | 2nd | Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). |
|
| 616 |
|
| | | 782.071 | 2nd | Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide). |
|
| 617 |
|
| | | 782.072 | 2nd | Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide). |
|
| 618 |
|
| | | 784.045(1)(a)1. | 2nd | Aggravated battery; intentionally causing great bodily harm or disfigurement. |
|
| 619 |
|
| | | 784.045(1)(a)2. | 2nd | Aggravated battery; using deadly weapon. |
|
| 620 |
|
| | | 784.045(1)(b) | 2nd | Aggravated battery; perpetrator aware victim pregnant. |
|
| 621 |
|
| | | 784.048(4) | 3rd | Aggravated stalking; violation of injunction or court order. |
|
| 622 |
|
| | | 784.048(7) | 3rd | Aggravated stalking; violation of court order. |
|
| 623 |
|
| | | 784.07(2)(d) | 1st | Aggravated battery on law enforcement officer. |
|
| 624 |
|
| | | 784.074(1)(a) | 1st | Aggravated battery on sexually violent predators facility staff. |
|
| 625 |
|
| | | 784.08(2)(a) | 1st | Aggravated battery on a person 65 years of age or older. |
|
| 626 |
|
| | | 784.081(1) | 1st | Aggravated battery on specified official or employee. |
|
| 627 |
|
| | | 784.082(1) | 1st | Aggravated battery by detained person on visitor or other detainee. |
|
| 628 |
|
| | | 784.083(1) | 1st | Aggravated battery on code inspector. |
|
| 629 |
|
| | | 790.07(4) | 1st | Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2). |
|
| 630 |
|
| | | 790.16(1) | 1st | Discharge of a machine gun under specified circumstances. |
|
| 631 |
|
| | | 790.165(2) | 2nd | Manufacture, sell, possess, or deliver hoax bomb. |
|
| 632 |
|
| | | 790.165(3) | 2nd | Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony. |
|
| 633 |
|
| | | 790.166(3) | 2nd | Possessing, selling, using, or attempting to use a hoax weapon of mass destruction. |
|
| 634 |
|
| | | 790.166(4) | 2nd | Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony. |
|
| 635 |
|
| | | 790.23 | 1st,PBL | Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04. |
|
| 636 |
|
| | | 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. |
|
| 637 |
|
| | | 796.03 | 2nd | Procuring any person under 16 years for prostitution. |
|
| 638 |
|
| | | 800.04(5)(c)1. | 2nd | Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years. |
|
| 639 |
|
| | | 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. |
|
| 640 |
|
| | | 806.01(2) | 2nd | Maliciously damage structure by fire or explosive. |
|
| 641 |
|
| | | 810.02(3)(a) | 2nd | Burglary of occupied dwelling; unarmed; no assault or battery. |
|
| 642 |
|
| | | 810.02(3)(b) | 2nd | Burglary of unoccupied dwelling; unarmed; no assault or battery. |
|
| 643 |
|
| | | 810.02(3)(d) | 2nd | Burglary of occupied conveyance; unarmed; no assault or battery. |
|
| 644 |
|
| | | 810.02(3)(e) | 2nd | Burglary of authorized emergency vehicle. |
|
| 645 |
|
| | | 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. |
|
| 646 |
|
| | | 812.014(2)(b)2. | 2nd | Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree. |
|
| 647 |
|
| | | 812.014(2)(b)3. | 2nd | Property stolen, emergency medical equipment; 2nd degree grand theft. |
|
| 648 |
|
| | | 812.014(2)(b)4. | 2nd | Property stolen, law enforcement equipment from authorized emergency vehicle. |
|
| 649 |
|
| | | 812.0145(2)(a) | 1st | Theft from person 65 years of age or older; $50,000 or more. |
|
| 650 |
|
| | | 812.019(2) | 1st | Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property. |
|
| 651 |
|
| | | 812.131(2)(a) | 2nd | Robbery by sudden snatching. |
|
| 652 |
|
| | | 812.133(2)(b) | 1st | Carjacking; no firearm, deadly weapon, or other weapon. |
|
| 653 |
|
| | | 817.234(8)(a) | 2nd | Solicitation of motor vehicle accident victims with intent to defraud. |
|
| 654 |
|
| | | 817.234(9) | 2nd | Organizing, planning, or participating in an intentional motor vehicle collision. |
|
| 655 |
|
| | | 817.234(11)(c) | 1st | Insurance fraud; property value $100,000 or more. |
|
| 656 |
|
| | | 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. |
|
| 657 |
|
| | | 825.102(3)(b) | 2nd | Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. |
|
| 658 |
|
| | | 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. |
|
| 659 |
|
| | | 827.03(3)(b) | 2nd | Neglect of a child causing great bodily harm, disability, or disfigurement. |
|
| 660 |
|
| | | 827.04(3) | 3rd | Impregnation of a child under 16 years of age by person 21 years of age or older. |
|
| 661 |
|
| | | 837.05(2) | 3rd | Giving false information about alleged capital felony to a law enforcement officer. |
|
| 662 |
|
| | |
| 663 |
|
| | | 838.016 | 2nd | Unlawful compensation or reward for official behavior. |
|
| 664 |
|
| | | 838.021(3)(a) | 2nd | Unlawful harm to a public servant. |
|
| 665 |
|
| | |
| 666 |
|
| | | 847.0135(3) | 3rd | Solicitation of a child, via a computer service, to commit an unlawful sex act. |
|
| 667 |
|
| | | 847.0135(4) | 2nd | Traveling to meet a minor to commit an unlawful sex act. |
|
| 668 |
|
| | | 872.06 | 2nd | Abuse of a dead human body. |
|
| 669 |
|
| | | 874.10 | 1st,PBL | Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity. |
|
| 670 |
|
| | | 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. |
|
| 671 |
|
| | | 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. |
|
| 672 |
|
| | | 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). |
|
| 673 |
|
| | | 893.135(1)(a)1. | 1st | Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs. |
|
| 674 |
|
| | | 893.135 (1)(b)1.a. | 1st | Trafficking in cocaine, more than 50 28 grams, less than 400 200 grams. |
|
| 675 |
|
| | | 893.135 (1)(c)1.a. | 1st | Trafficking in illegal drugs, more than 4 grams, less than 14 grams. |
|
| 676 |
|
| | | 893.135(1)(d)1. | 1st | Trafficking in phencyclidine, more than 50 28 grams, less than 400 200 grams. |
|
| 677 |
|
| | | 893.135(1)(e)1. | 1st | Trafficking in methaqualone, more than 200 grams, less than 5 kilograms. |
|
| 678 |
|
| | | 893.135(1)(f)1. | 1st | Trafficking in amphetamine, more than 30 14 grams, less than 200 28 grams. |
|
| 679 |
|
| | | 893.135 (1)(g)1.a. | 1st | Trafficking in flunitrazepam, 4 grams or more, less than 14 grams. |
|
| 680 |
|
| | | 893.135 (1)(h)1.a. | 1st | Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms 1 kilogram or more, less than 15 5 kilograms. |
|
| 681 |
|
| | | 893.135 (1)(j)1.a. | 1st | Trafficking in 1,4-Butanediol, 5 kilograms 1 kilogram or more, less than 15 5 kilograms. |
|
| 682 |
|
| | | 893.135 (1)(k)2.a. | 1st | Trafficking in Phenethylamines, 30 10 grams or more, less than 200 grams. |
|
| 683 |
|
| | | 893.1351(2) | 2nd | Possession of place for trafficking in or manufacturing of controlled substance. |
|
| 684 |
|
| | | 896.101(5)(a) | 3rd | Money laundering, financial transactions exceeding $300 but less than $20,000. |
|
| 685 |
|
| | | 896.104(4)(a)1. | 3rd | Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000. |
|
| 686 |
|
| | | 943.0435(4)(c) | 2nd | Sexual offender vacating permanent residence; failure to comply with reporting requirements. |
|
| 687 |
|
| | | 943.0435(8) | 2nd | Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements. |
|
| 688 |
|
| | | 943.0435(9)(a) | 3rd | Sexual offender; failure to comply with reporting requirements. |
|
| 689 |
|
| | | 943.0435(13) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
|
| 690 |
|
| | | 943.0435(14) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
|
| 691 |
|
| | | 944.607(9) | 3rd | Sexual offender; failure to comply with reporting requirements. |
|
| 692 |
|
| | | 944.607(10)(a) | 3rd | Sexual offender; failure to submit to the taking of a digitized photograph. |
|
| 693 |
|
| | | 944.607(12) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
|
| 694 |
|
| | | 944.607(13) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
|
| 695 |
|
| | | 985.4815(10) | 3rd | Sexual offender; failure to submit to the taking of a digitized photograph. |
|
| 696 |
|
| | | 985.4815(12) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
|
| 697 |
|
| | | 985.4815(13) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
|
| 698 |
|
| 699 | (h) LEVEL 8 |
| 700 |
|
| | | Florida Statute | Felony Degree | Description |
|
| 701 |
|
| | | 316.193 (3)(c)3.a. | 2nd | DUI manslaughter. |
|
| 702 |
|
| | | 316.1935(4)(b) | 1st | Aggravated fleeing or attempted eluding with serious bodily injury or death. |
|
| 703 |
|
| | | 327.35(3)(c)3. | 2nd | Vessel BUI manslaughter. |
|
| 704 |
|
| | | 499.0051(7) | 1st | Knowing trafficking in contraband prescription drugs. |
|
| 705 |
|
| | | 499.0051(8) | 1st | Knowing forgery of prescription labels or prescription drug labels. |
|
| 706 |
|
| | | 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. |
|
| 707 |
|
| | | 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. |
|
| 708 |
|
| | | 655.50(10)(b)2. | 2nd | Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions. |
|
| 709 |
|
| | | 777.03(2)(a) | 1st | Accessory after the fact, capital felony. |
|
| 710 |
|
| | | 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. |
|
| 711 |
|
| | | 782.051(2) | 1st | Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3). |
|
| 712 |
|
| | | 782.071(1)(b) | 1st | Committing vehicular homicide and failing to render aid or give information. |
|
| 713 |
|
| | | 782.072(2) | 1st | Committing vessel homicide and failing to render aid or give information. |
|
| 714 |
|
| | | 790.161(3) | 1st | Discharging a destructive device which results in bodily harm or property damage. |
|
| 715 |
|
| | | 794.011(5) | 2nd | Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury. |
|
| 716 |
|
| | | 794.08(3) | 2nd | Female genital mutilation, removal of a victim younger than 18 years of age from this state. |
|
| 717 |
|
| | | 800.04(4) | 2nd | Lewd or lascivious battery. |
|
| 718 |
|
| | | 806.01(1) | 1st | Maliciously damage dwelling or structure by fire or explosive, believing person in structure. |
|
| 719 |
|
| | | 810.02(2)(a) | 1st,PBL | Burglary with assault or battery. |
|
| 720 |
|
| | | 810.02(2)(b) | 1st,PBL | Burglary; armed with explosives or dangerous weapon. |
|
| 721 |
|
| | | 810.02(2)(c) | 1st | Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage. |
|
| 722 |
|
| | | 812.014(2)(a)2. | 1st | Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree. |
|
| 723 |
|
| | | 812.13(2)(b) | 1st | Robbery with a weapon. |
|
| 724 |
|
| | | 812.135(2)(c) | 1st | Home-invasion robbery, no firearm, deadly weapon, or other weapon. |
|
| 725 |
|
| | | 817.568(6) | 2nd | Fraudulent use of personal identification information of an individual under the age of 18. |
|
| 726 |
|
| | | 825.102(2) | 1st | Aggravated abuse of an elderly person or disabled adult. |
|
| 727 |
|
| | | 825.1025(2) | 2nd | Lewd or lascivious battery upon an elderly person or disabled adult. |
|
| 728 |
|
| | | 825.103(2)(a) | 1st | Exploiting an elderly person or disabled adult and property is valued at $100,000 or more. |
|
| 729 |
|
| | | 837.02(2) | 2nd | Perjury in official proceedings relating to prosecution of a capital felony. |
|
| 730 |
|
| | | 837.021(2) | 2nd | Making contradictory statements in official proceedings relating to prosecution of a capital felony. |
|
| 731 |
|
| | | 860.121(2)(c) | 1st | Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm. |
|
| 732 |
|
| | | 860.16 | 1st | Aircraft piracy. |
|
| 733 |
|
| | | 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). |
|
| 734 |
|
| | | 893.13(2)(b) | 1st | Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b). |
|
| 735 |
|
| | | 893.13(6)(c) | 1st | Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b). |
|
| 736 |
|
| | | 893.135(1)(a)2. | 1st | Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs. |
|
| 737 |
|
| | | 893.135 (1)(b)1.b. | 1st | Trafficking in cocaine, more than 400 200 grams, less than 4 kilograms 400 grams. |
|
| 738 |
|
| | | 893.135 (1)(c)1.b. | 1st | Trafficking in illegal drugs, more than 14 grams, less than 28 grams. |
|
| 739 |
|
| | | 893.135 (1)(d)1.b. | 1st | Trafficking in phencyclidine, more than 400 200 grams, less than 4 kilograms 400 grams. |
|
| 740 |
|
| | | 893.135 (1)(e)1.b. | 1st | Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms. |
|
| 741 |
|
| | | 893.135 (1)(f)1.b. | 1st | Trafficking in amphetamine, more than 200 28 grams, less than 400 200 grams. |
|
| 742 |
|
| | | 893.135 (1)(g)1.b. | 1st | Trafficking in flunitrazepam, 14 grams or more, less than 28 grams. |
|
| 743 |
|
| | | 893.135 (1)(h)1.b. | 1st | Trafficking in gamma-hydroxybutyric acid (GHB), 15 5 kilograms or more, less than 30 10 kilograms. |
|
| 744 |
|
| | | 893.135 (1)(j)1.b. | 1st | Trafficking in 1,4-Butanediol, 15 5 kilograms or more, less than 30 10 kilograms. |
|
| 745 |
|
| | | 893.135 (1)(k)2.b. | 1st | Trafficking in Phenethylamines, 200 grams or more, less than 400 grams. |
|
| 746 |
|
| | | 893.1351(3) | 1st | Possession of a place used to manufacture controlled substance when minor is present or resides there. |
|
| 747 |
|
| | | 895.03(1) | 1st | Use or invest proceeds derived from pattern of racketeering activity. |
|
| 748 |
|
| | | 895.03(2) | 1st | Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property. |
|
| 749 |
|
| | | 895.03(3) | 1st | Conduct or participate in any enterprise through pattern of racketeering activity. |
|
| 750 |
|
| | | 896.101(5)(b) | 2nd | Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000. |
|
| 751 |
|
| | | 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. |
|
| 752 |
|
| 753 | (i) LEVEL 9 |
| 754 |
|
| | | Florida Statute | Felony Degree | Description |
|
| 755 |
|
| | | 316.193 (3)(c)3.b. | 1st | DUI manslaughter; failing to render aid or give information. |
|
| 756 |
|
| | | 327.35(3)(c)3.b. | 1st | BUI manslaughter; failing to render aid or give information. |
|
| 757 |
|
| | | 409.920 (2)(b)1.c. | 1st | Medicaid provider fraud; $50,000 or more. |
|
| 758 |
|
| | | 499.0051(9) | 1st | Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm. |
|
| 759 |
|
| | | 560.123(8)(b)3. | 1st | Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter. |
|
| 760 |
|
| | | 560.125(5)(c) | 1st | Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000. |
|
| 761 |
|
| | | 655.50(10)(b)3. | 1st | Failure to report financial transactions totaling or exceeding $100,000 by financial institution. |
|
| 762 |
|
| | | 775.0844 | 1st | Aggravated white collar crime. |
|
| 763 |
|
| | | 782.04(1) | 1st | Attempt, conspire, or solicit to commit premeditated murder. |
|
| 764 |
|
| | | 782.04(3) | 1st,PBL | Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies. |
|
| 765 |
|
| | | 782.051(1) | 1st | Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3). |
|
| 766 |
|
| | | 782.07(2) | 1st | Aggravated manslaughter of an elderly person or disabled adult. |
|
| 767 |
|
| | | 787.01(1)(a)1. | 1st,PBL | Kidnapping; hold for ransom or reward or as a shield or hostage. |
|
| 768 |
|
| | | 787.01(1)(a)2. | 1st,PBL | Kidnapping with intent to commit or facilitate commission of any felony. |
|
| 769 |
|
| | | 787.01(1)(a)4. | 1st,PBL | Kidnapping with intent to interfere with performance of any governmental or political function. |
|
| 770 |
|
| | | 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. |
|
| 771 |
|
| | | 790.161 | 1st | Attempted capital destructive device offense. |
|
| 772 |
|
| | | 790.166(2) | 1st,PBL | Possessing, selling, using, or attempting to use a weapon of mass destruction. |
|
| 773 |
|
| | | 794.011(2) | 1st | Attempted sexual battery; victim less than 12 years of age. |
|
| 774 |
|
| | | 794.011(2) | Life | Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years. |
|
| 775 |
|
| | | 794.011(4) | 1st | Sexual battery; victim 12 years or older, certain circumstances. |
|
| 776 |
|
| | | 794.011(8)(b) | 1st | Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority. |
|
| 777 |
|
| | | 794.08(2) | 1st | Female genital mutilation; victim younger than 18 years of age. |
|
| 778 |
|
| | | 800.04(5)(b) | Life | Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older. |
|
| 779 |
|
| | | 812.13(2)(a) | 1st,PBL | Robbery with firearm or other deadly weapon. |
|
| 780 |
|
| | | 812.133(2)(a) | 1st,PBL | Carjacking; firearm or other deadly weapon. |
|
| 781 |
|
| | | 812.135(2)(b) | 1st | Home-invasion robbery with weapon. |
|
| 782 |
|
| | | 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. |
|
| 783 |
|
| | | 827.03(2) | 1st | Aggravated child abuse. |
|
| 784 |
|
| | | 847.0145(1) | 1st | Selling, or otherwise transferring custody or control, of a minor. |
|
| 785 |
|
| | | 847.0145(2) | 1st | Purchasing, or otherwise obtaining custody or control, of a minor. |
|
| 786 |
|
| | | 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. |
|
| 787 |
|
| | | 893.135 | 1st | Attempted capital trafficking offense. |
|
| 788 |
|
| | | 893.135(1)(a)3. | 1st | Trafficking in cannabis, more than 10,000 lbs. |
|
| 789 |
|
| | | 893.135 (1)(b)1.c. | 1st | Trafficking in cocaine, more than 4 kilograms 400 grams, less than 150 kilograms. |
|
| 790 |
|
| | | 893.135 (1)(c)1.c. | 1st | Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms. |
|
| 791 |
|
| | | 893.135 (1)(d)1.c. | 1st | Trafficking in phencyclidine, more than 4 kilograms 400 grams. |
|
| 792 |
|
| | | 893.135 (1)(e)1.c. | 1st | Trafficking in methaqualone, more than 25 kilograms. |
|
| 793 |
|
| | | 893.135 (1)(f)1.c. | 1st | Trafficking in amphetamine, more than 400 200 grams. |
|
| 794 |
|
| | | 893.135 (1)(h)1.c. | 1st | Trafficking in gamma-hydroxybutyric acid (GHB), 30 10 kilograms or more. |
|
| 795 |
|
| | | 893.135 (1)(j)1.c. | 1st | Trafficking in 1,4-Butanediol, 30 10 kilograms or more. |
|
| 796 |
|
| | | 893.135 (1)(k)2.c. | 1st | Trafficking in Phenethylamines, 400 grams or more. |
|
| 797 |
|
| | | 896.101(5)(c) | 1st | Money laundering, financial instruments totaling or exceeding $100,000. |
|
| 798 |
|
| | | 896.104(4)(a)3. | 1st | Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000. |
|
| 799 |
|
| 800 | Section 3. For the purpose of incorporating the amendments |
| 801 | made by this act to section 893.135, Florida Statutes, in a |
| 802 | reference thereto, paragraph (a) of subsection (2) of section |
| 803 | 775.087, Florida Statutes, is reenacted to read: |
| 804 | 775.087 Possession or use of weapon; aggravated battery; |
| 805 | felony reclassification; minimum sentence.- |
| 806 | (2)(a)1. Any person who is convicted of a felony or an |
| 807 | attempt to commit a felony, regardless of whether the use of a |
| 808 | weapon is an element of the felony, and the conviction was for: |
| 809 | a. Murder; |
| 810 | b. Sexual battery; |
| 811 | c. Robbery; |
| 812 | d. Burglary; |
| 813 | e. Arson; |
| 814 | f. Aggravated assault; |
| 815 | g. Aggravated battery; |
| 816 | h. Kidnapping; |
| 817 | i. Escape; |
| 818 | j. Aircraft piracy; |
| 819 | k. Aggravated child abuse; |
| 820 | l. Aggravated abuse of an elderly person or disabled |
| 821 | adult; |
| 822 | m. Unlawful throwing, placing, or discharging of a |
| 823 | destructive device or bomb; |
| 824 | n. Carjacking; |
| 825 | o. Home-invasion robbery; |
| 826 | p. Aggravated stalking; |
| 827 | q. Trafficking in cannabis, trafficking in cocaine, |
| 828 | capital importation of cocaine, trafficking in illegal drugs, |
| 829 | capital importation of illegal drugs, trafficking in |
| 830 | phencyclidine, capital importation of phencyclidine, trafficking |
| 831 | in methaqualone, capital importation of methaqualone, |
| 832 | trafficking in amphetamine, capital importation of amphetamine, |
| 833 | trafficking in flunitrazepam, trafficking in gamma- |
| 834 | hydroxybutyric acid (GHB), trafficking in 1,4-Butanediol, |
| 835 | trafficking in Phenethylamines, or other violation of s. |
| 836 | 893.135(1); or |
| 837 | r. Possession of a firearm by a felon |
| 838 |
|
| 839 | and during the commission of the offense, such person actually |
| 840 | possessed a "firearm" or "destructive device" as those terms are |
| 841 | defined in s. 790.001, shall be sentenced to a minimum term of |
| 842 | imprisonment of 10 years, except that a person who is convicted |
| 843 | for aggravated assault, possession of a firearm by a felon, or |
| 844 | burglary of a conveyance shall be sentenced to a minimum term of |
| 845 | imprisonment of 3 years if such person possessed a "firearm" or |
| 846 | "destructive device" during the commission of the offense. |
| 847 | 2. Any person who is convicted of a felony or an attempt |
| 848 | to commit a felony listed in sub-subparagraphs (a)1.a.-q., |
| 849 | regardless of whether the use of a weapon is an element of the |
| 850 | felony, and during the course of the commission of the felony |
| 851 | such person discharged a "firearm" or "destructive device" as |
| 852 | defined in s. 790.001 shall be sentenced to a minimum term of |
| 853 | imprisonment of 20 years. |
| 854 | 3. Any person who is convicted of a felony or an attempt |
| 855 | to commit a felony listed in sub-subparagraphs (a)1.a.-q., |
| 856 | regardless of whether the use of a weapon is an element of the |
| 857 | felony, and during the course of the commission of the felony |
| 858 | such person discharged a "firearm" or "destructive device" as |
| 859 | defined in s. 790.001 and, as the result of the discharge, death |
| 860 | or great bodily harm was inflicted upon any person, the |
| 861 | convicted person shall be sentenced to a minimum term of |
| 862 | imprisonment of not less than 25 years and not more than a term |
| 863 | of imprisonment of life in prison. |
| 864 | Section 4. For the purpose of incorporating the amendments |
| 865 | made by this act to section 893.135, Florida Statutes, in |
| 866 | references thereto, paragraph (a) of subsection (1) and |
| 867 | subsections (3) and (4) of section 782.04, Florida Statutes, are |
| 868 | reenacted to read: |
| 869 | 782.04 Murder.- |
| 870 | (1)(a) The unlawful killing of a human being: |
| 871 | 1. When perpetrated from a premeditated design to effect |
| 872 | the death of the person killed or any human being; |
| 873 | 2. When committed by a person engaged in the perpetration |
| 874 | of, or in the attempt to perpetrate, any: |
| 875 | a. Trafficking offense prohibited by s. 893.135(1), |
| 876 | b. Arson, |
| 877 | c. Sexual battery, |
| 878 | d. Robbery, |
| 879 | e. Burglary, |
| 880 | f. Kidnapping, |
| 881 | g. Escape, |
| 882 | h. Aggravated child abuse, |
| 883 | i. Aggravated abuse of an elderly person or disabled |
| 884 | adult, |
| 885 | j. Aircraft piracy, |
| 886 | k. Unlawful throwing, placing, or discharging of a |
| 887 | destructive device or bomb, |
| 888 | l. Carjacking, |
| 889 | m. Home-invasion robbery, |
| 890 | n. Aggravated stalking, |
| 891 | o. Murder of another human being, |
| 892 | p. Resisting an officer with violence to his or her |
| 893 | person, |
| 894 | q. Felony that is an act of terrorism or is in furtherance |
| 895 | of an act of terrorism; or |
| 896 | 3. Which resulted from the unlawful distribution of any |
| 897 | substance controlled under s. 893.03(1), cocaine as described in |
| 898 | s. 893.03(2)(a)4., opium or any synthetic or natural salt, |
| 899 | compound, derivative, or preparation of opium, or methadone by a |
| 900 | person 18 years of age or older, when such drug is proven to be |
| 901 | the proximate cause of the death of the user, |
| 902 |
|
| 903 | is murder in the first degree and constitutes a capital felony, |
| 904 | punishable as provided in s. 775.082. |
| 905 | (3) When a person is killed in the perpetration of, or in |
| 906 | the attempt to perpetrate, any: |
| 907 | (a) Trafficking offense prohibited by s. 893.135(1), |
| 908 | (b) Arson, |
| 909 | (c) Sexual battery, |
| 910 | (d) Robbery, |
| 911 | (e) Burglary, |
| 912 | (f) Kidnapping, |
| 913 | (g) Escape, |
| 914 | (h) Aggravated child abuse, |
| 915 | (i) Aggravated abuse of an elderly person or disabled |
| 916 | adult, |
| 917 | (j) Aircraft piracy, |
| 918 | (k) Unlawful throwing, placing, or discharging of a |
| 919 | destructive device or bomb, |
| 920 | (l) Carjacking, |
| 921 | (m) Home-invasion robbery, |
| 922 | (n) Aggravated stalking, |
| 923 | (o) Murder of another human being, |
| 924 | (p) Resisting an officer with violence to his or her |
| 925 | person, or |
| 926 | (q) Felony that is an act of terrorism or is in |
| 927 | furtherance of an act of terrorism, |
| 928 |
|
| 929 | by a person other than the person engaged in the perpetration of |
| 930 | or in the attempt to perpetrate such felony, the person |
| 931 | perpetrating or attempting to perpetrate such felony is guilty |
| 932 | of murder in the second degree, which constitutes a felony of |
| 933 | the first degree, punishable by imprisonment for a term of years |
| 934 | not exceeding life or as provided in s. 775.082, s. 775.083, or |
| 935 | s. 775.084. |
| 936 | (4) The unlawful killing of a human being, when |
| 937 | perpetrated without any design to effect death, by a person |
| 938 | engaged in the perpetration of, or in the attempt to perpetrate, |
| 939 | any felony other than any: |
| 940 | (a) Trafficking offense prohibited by s. 893.135(1), |
| 941 | (b) Arson, |
| 942 | (c) Sexual battery, |
| 943 | (d) Robbery, |
| 944 | (e) Burglary, |
| 945 | (f) Kidnapping, |
| 946 | (g) Escape, |
| 947 | (h) Aggravated child abuse, |
| 948 | (i) Aggravated abuse of an elderly person or disabled |
| 949 | adult, |
| 950 | (j) Aircraft piracy, |
| 951 | (k) Unlawful throwing, placing, or discharging of a |
| 952 | destructive device or bomb, |
| 953 | (l) Unlawful distribution of any substance controlled |
| 954 | under s. 893.03(1), cocaine as described in s. 893.03(2)(a)4., |
| 955 | or opium or any synthetic or natural salt, compound, derivative, |
| 956 | or preparation of opium by a person 18 years of age or older, |
| 957 | when such drug is proven to be the proximate cause of the death |
| 958 | of the user, |
| 959 | (m) Carjacking, |
| 960 | (n) Home-invasion robbery, |
| 961 | (o) Aggravated stalking, |
| 962 | (p) Murder of another human being, |
| 963 | (q) Resisting an officer with violence to his or her |
| 964 | person, or |
| 965 | (r) Felony that is an act of terrorism or is in |
| 966 | furtherance of an act of terrorism, |
| 967 |
|
| 968 | is murder in the third degree and constitutes a felony of the |
| 969 | second degree, punishable as provided in s. 775.082, s. 775.083, |
| 970 | or s. 775.084. |
| 971 | Section 5. Section 893.101, Florida Statutes, is repealed. |
| 972 | Section 6. This act shall take effect July 1, 2012. |
