Bill Text: FL S0190 | 2022 | Regular Session | Comm Sub
Bill Title: Controlled Substances
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2022-03-03 - Laid on Table, refer to CS/HB 95 [S0190 Detail]
Download: Florida-2022-S0190-Comm_Sub.html
Florida Senate - 2022 CS for CS for SB 190
By the Committees on Criminal Justice; and Judiciary; and
Senator Brodeur
591-02805-22 2022190c2
1 A bill to be entitled
2 An act relating to controlled substances; amending s.
3 782.04, F.S.; revising the elements that constitute
4 the capital offense of murder in the first degree;
5 revising the elements that constitute the felony
6 offense of murder in the third degree; amending s.
7 893.13, F.S.; prohibiting specified activities
8 involving controlled substances within 1,000 feet of
9 additional specified facilities; providing criminal
10 penalties; amending s. 893.145, F.S.; revising the
11 definition of the term “drug paraphernalia”; providing
12 an effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Paragraph (a) of subsection (1) and subsection
17 (4) of section 782.04, Florida Statutes, are amended to read:
18 782.04 Murder.—
19 (1)(a) The unlawful killing of a human being:
20 1. When perpetrated from a premeditated design to effect
21 the death of the person killed or any human being;
22 2. When committed by a person engaged in the perpetration
23 of, or in the attempt to perpetrate, any:
24 a. Trafficking offense prohibited by s. 893.135(1),
25 b. Arson,
26 c. Sexual battery,
27 d. Robbery,
28 e. Burglary,
29 f. Kidnapping,
30 g. Escape,
31 h. Aggravated child abuse,
32 i. Aggravated abuse of an elderly person or disabled adult,
33 j. Aircraft piracy,
34 k. Unlawful throwing, placing, or discharging of a
35 destructive device or bomb,
36 l. Carjacking,
37 m. Home-invasion robbery,
38 n. Aggravated stalking,
39 o. Murder of another human being,
40 p. Resisting an officer with violence to his or her person,
41 q. Aggravated fleeing or eluding with serious bodily injury
42 or death,
43 r. Felony that is an act of terrorism or is in furtherance
44 of an act of terrorism, including a felony under s. 775.30, s.
45 775.32, s. 775.33, s. 775.34, or s. 775.35, or
46 s. Human trafficking; or
47 3. Which resulted from the unlawful distribution by a
48 person 18 years of age or older of any of the following
49 substances, or mixture containing any of the following
50 substances, when such substance or mixture is proven to be the
51 proximate cause of the death of the user:
52 a. A substance controlled under s. 893.03(1);
53 b. Cocaine, as described in s. 893.03(2)(a)4.;
54 c. Opium or any synthetic or natural salt, compound,
55 derivative, or preparation of opium;
56 d. Methadone;
57 e. Alfentanil, as described in s. 893.03(2)(b)1.;
58 f. Carfentanil, as described in s. 893.03(2)(b)6.;
59 g. Fentanyl, as described in s. 893.03(2)(b)9.;
60 h. Sufentanil, as described in s. 893.03(2)(b)30.; or
61 i. Methamphetamine, as described in s. 893.03(2)(c)5.; or
62 j. A controlled substance analog, as described in s.
63 893.0356, of any substance specified in sub-subparagraphs a.-i.
64 sub-subparagraphs a.-h.,
65
66 is murder in the first degree and constitutes a capital felony,
67 punishable as provided in s. 775.082.
68 (4) The unlawful killing of a human being, when perpetrated
69 without any design to effect death, by a person engaged in the
70 perpetration of, or in the attempt to perpetrate, any felony
71 other than any:
72 (a) Trafficking offense prohibited by s. 893.135(1),
73 (b) Arson,
74 (c) Sexual battery,
75 (d) Robbery,
76 (e) Burglary,
77 (f) Kidnapping,
78 (g) Escape,
79 (h) Aggravated child abuse,
80 (i) Aggravated abuse of an elderly person or disabled
81 adult,
82 (j) Aircraft piracy,
83 (k) Unlawful throwing, placing, or discharging of a
84 destructive device or bomb,
85 (l) Unlawful distribution of any substance listed in sub
86 subparagraphs (1)(a)3.a.–j. controlled under s. 893.03(1),
87 cocaine as described in s. 893.03(2)(a)4., or opium or any
88 synthetic or natural salt, compound, derivative, or preparation
89 of opium by a person 18 years of age or older, when such
90 substance drug is proven to be the proximate cause of the death
91 of the user,
92 (m) Carjacking,
93 (n) Home-invasion robbery,
94 (o) Aggravated stalking,
95 (p) Murder of another human being,
96 (q) Aggravated fleeing or eluding with serious bodily
97 injury or death,
98 (r) Resisting an officer with violence to his or her
99 person, or
100 (s) Felony that is an act of terrorism or is in furtherance
101 of an act of terrorism, including a felony under s. 775.30, s.
102 775.32, s. 775.33, s. 775.34, or s. 775.35,
103
104 is murder in the third degree and constitutes a felony of the
105 second degree, punishable as provided in s. 775.082, s. 775.083,
106 or s. 775.084.
107 Section 2. Paragraph (h) of subsection (1) of section
108 893.13, Florida Statutes, is amended to read:
109 893.13 Prohibited acts; penalties.—
110 (1)
111 (h) Except as authorized by this chapter, a person may not
112 sell, manufacture, or deliver, or possess with intent to sell,
113 manufacture, or deliver, a controlled substance in, on, or
114 within 1,000 feet of the real property comprising a mental
115 health facility, as that term is used in chapter 394; a health
116 care facility licensed under chapter 395 which provides
117 substance abuse treatment; a licensed service provider as
118 defined in s. 397.311; a facility providing services that
119 include clinical treatment, intervention, or prevention as
120 described in s. 397.311(26); a recovery residence as defined in
121 s. 397.311; an assisted living facility, as defined that term is
122 used in chapter 429; or a pain management clinic as defined in
123 s. 458.3265(1)(a)1.c. or s. 459.0137(1)(a)1.c. A person who
124 violates this paragraph with respect to:
125 1. A controlled substance named or described in s.
126 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.
127 commits a felony of the first degree, punishable as provided in
128 s. 775.082, s. 775.083, or s. 775.084.
129 2. A controlled substance named or described in s.
130 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7.,
131 (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a felony of
132 the second degree, punishable as provided in s. 775.082, s.
133 775.083, or s. 775.084.
134 3. Any other controlled substance, except as lawfully sold,
135 manufactured, or delivered, must be sentenced to pay a $500 fine
136 and to serve 100 hours of public service in addition to any
137 other penalty prescribed by law.
138 Section 3. Subsection (4) of section 893.145, Florida
139 Statutes, is amended to read:
140 893.145 “Drug paraphernalia” defined.—The term “drug
141 paraphernalia” means all equipment, products, and materials of
142 any kind which are used, intended for use, or designed for use
143 in planting, propagating, cultivating, growing, harvesting,
144 manufacturing, compounding, converting, producing, processing,
145 preparing, testing, analyzing, packaging, repackaging, storing,
146 containing, concealing, transporting, injecting, ingesting,
147 inhaling, or otherwise introducing into the human body a
148 controlled substance in violation of this chapter or s. 877.111.
149 Drug paraphernalia is deemed to be contraband which shall be
150 subject to civil forfeiture. The term includes, but is not
151 limited to:
152 (4) Testing equipment used, intended for use, or designed
153 for use in identifying, or in analyzing the strength,
154 effectiveness, or purity of, controlled substances, excluding
155 narcotic drug testing products that are used to determine
156 whether a controlled substance contains fentanyl as described in
157 s. 893.03(2)(b)9. or a controlled substance analog, as defined
158 in s. 893.0356, of fentanyl.
159 Section 4. This act shall take effect October 1, 2022.
