Bill Text: FL S0354 | 2023 | Regular Session | Introduced

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Bill Title: Trafficking in Fentanyl

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2023-05-05 - Died in Criminal Justice [S0354 Detail]

Download: Florida-2023-S0354-Introduced.html

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       Florida Senate - 2023                                     SB 354
       
       
        
       By Senator Burgess
       
       
       
       
       
       23-00787-23                                            2023354__
    1                        A bill to be entitled                      
    2         An act relating to trafficking in fentanyl; amending
    3         s. 893.135, F.S.; increasing criminal penalties for
    4         trafficking in fentanyl; providing an effective date.
    5          
    6  Be It Enacted by the Legislature of the State of Florida:
    7  
    8         Section 1. Paragraph (c) of subsection (1) of section
    9  893.135, Florida Statutes, is amended to read:
   10         893.135 Trafficking; mandatory sentences; suspension or
   11  reduction of sentences; conspiracy to engage in trafficking.—
   12         (1) Except as authorized in this chapter or in chapter 499
   13  and notwithstanding the provisions of s. 893.13:
   14         (c)1. A person who knowingly sells, purchases,
   15  manufactures, delivers, or brings into this state, or who is
   16  knowingly in actual or constructive possession of, 4 grams or
   17  more of any morphine, opium, hydromorphone, or any salt,
   18  derivative, isomer, or salt of an isomer thereof, including
   19  heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or
   20  (3)(c)4., or 4 grams or more of any mixture containing any such
   21  substance, but less than 30 kilograms of such substance or
   22  mixture, commits a felony of the first degree, which felony
   23  shall be known as “trafficking in illegal drugs,” punishable as
   24  provided in s. 775.082, s. 775.083, or s. 775.084. If the
   25  quantity involved:
   26         a. Is 4 grams or more, but less than 14 grams, such person
   27  shall be sentenced to a mandatory minimum term of imprisonment
   28  of 3 years and shall be ordered to pay a fine of $50,000.
   29         b. Is 14 grams or more, but less than 28 grams, such person
   30  shall be sentenced to a mandatory minimum term of imprisonment
   31  of 15 years and shall be ordered to pay a fine of $100,000.
   32         c. Is 28 grams or more, but less than 30 kilograms, such
   33  person shall be sentenced to a mandatory minimum term of
   34  imprisonment of 25 years and shall be ordered to pay a fine of
   35  $500,000.
   36         2. A person who knowingly sells, purchases, manufactures,
   37  delivers, or brings into this state, or who is knowingly in
   38  actual or constructive possession of, 28 grams or more of
   39  hydrocodone, as described in s. 893.03(2)(a)1.k., codeine, as
   40  described in s. 893.03(2)(a)1.g., or any salt thereof, or 28
   41  grams or more of any mixture containing any such substance,
   42  commits a felony of the first degree, which felony shall be
   43  known as “trafficking in hydrocodone,” punishable as provided in
   44  s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
   45         a. Is 28 grams or more, but less than 50 grams, such person
   46  shall be sentenced to a mandatory minimum term of imprisonment
   47  of 3 years and shall be ordered to pay a fine of $50,000.
   48         b. Is 50 grams or more, but less than 100 grams, such
   49  person shall be sentenced to a mandatory minimum term of
   50  imprisonment of 7 years and shall be ordered to pay a fine of
   51  $100,000.
   52         c. Is 100 grams or more, but less than 300 grams, such
   53  person shall be sentenced to a mandatory minimum term of
   54  imprisonment of 15 years and shall be ordered to pay a fine of
   55  $500,000.
   56         d. Is 300 grams or more, but less than 30 kilograms, such
   57  person shall be sentenced to a mandatory minimum term of
   58  imprisonment of 25 years and shall be ordered to pay a fine of
   59  $750,000.
   60         3. A person who knowingly sells, purchases, manufactures,
   61  delivers, or brings into this state, or who is knowingly in
   62  actual or constructive possession of, 7 grams or more of
   63  oxycodone, as described in s. 893.03(2)(a)1.q., or any salt
   64  thereof, or 7 grams or more of any mixture containing any such
   65  substance, commits a felony of the first degree, which felony
   66  shall be known as “trafficking in oxycodone,” punishable as
   67  provided in s. 775.082, s. 775.083, or s. 775.084. If the
   68  quantity involved:
   69         a. Is 7 grams or more, but less than 14 grams, such person
   70  shall be sentenced to a mandatory minimum term of imprisonment
   71  of 3 years and shall be ordered to pay a fine of $50,000.
   72         b. Is 14 grams or more, but less than 25 grams, such person
   73  shall be sentenced to a mandatory minimum term of imprisonment
   74  of 7 years and shall be ordered to pay a fine of $100,000.
   75         c. Is 25 grams or more, but less than 100 grams, such
   76  person shall be sentenced to a mandatory minimum term of
   77  imprisonment of 15 years and shall be ordered to pay a fine of
   78  $500,000.
   79         d. Is 100 grams or more, but less than 30 kilograms, such
   80  person shall be sentenced to a mandatory minimum term of
   81  imprisonment of 25 years and shall be ordered to pay a fine of
   82  $750,000.
   83         4.a. A person who knowingly sells, purchases, manufactures,
   84  delivers, or brings into this state, or who is knowingly in
   85  actual or constructive possession of, 4 grams or more of:
   86         (I) Alfentanil, as described in s. 893.03(2)(b)1.;
   87         (II) Carfentanil, as described in s. 893.03(2)(b)6.;
   88         (III) Fentanyl, as described in s. 893.03(2)(b)9.;
   89         (IV) Sufentanil, as described in s. 893.03(2)(b)30.;
   90         (V) A fentanyl derivative, as described in s.
   91  893.03(1)(a)62.;
   92         (VI) A controlled substance analog, as described in s.
   93  893.0356, of any substance described in sub-sub-subparagraphs
   94  (I)-(V); or
   95         (VII) A mixture containing any substance described in sub
   96  sub-subparagraphs (I)-(VI),
   97  
   98  commits a felony of the first degree, which felony shall be
   99  known as “trafficking in dangerous fentanyl or fentanyl
  100  analogues,” punishable as provided in s. 775.082, s. 775.083, or
  101  s. 775.084.
  102         b. If the quantity involved under sub-subparagraph a.:
  103         (I) Is 4 grams or more, but less than 14 grams, such person
  104  shall be sentenced to a mandatory minimum term of imprisonment
  105  of 15 7 years, and shall be ordered to pay a fine of $75,000
  106  $50,000.
  107         (II) Is 14 grams or more, but less than 28 grams, such
  108  person shall be sentenced to a mandatory minimum term of
  109  imprisonment of 25 20 years, and shall be ordered to pay a fine
  110  of $150,000 $100,000.
  111         (III) Is 28 grams or more, such person shall be sentenced
  112  to a mandatory minimum term of imprisonment of 30 25 years, and
  113  shall be ordered to pay a fine of $500,000.
  114         5. A person who knowingly sells, purchases, manufactures,
  115  delivers, or brings into this state, or who is knowingly in
  116  actual or constructive possession of, 30 kilograms or more of
  117  any morphine, opium, oxycodone, hydrocodone, codeine,
  118  hydromorphone, or any salt, derivative, isomer, or salt of an
  119  isomer thereof, including heroin, as described in s.
  120  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or
  121  more of any mixture containing any such substance, commits the
  122  first degree felony of trafficking in illegal drugs. A person
  123  who has been convicted of the first degree felony of trafficking
  124  in illegal drugs under this subparagraph shall be punished by
  125  life imprisonment and is ineligible for any form of
  126  discretionary early release except pardon or executive clemency
  127  or conditional medical release under s. 947.149. However, if the
  128  court determines that, in addition to committing any act
  129  specified in this paragraph:
  130         a. The person intentionally killed an individual or
  131  counseled, commanded, induced, procured, or caused the
  132  intentional killing of an individual and such killing was the
  133  result; or
  134         b. The person’s conduct in committing that act led to a
  135  natural, though not inevitable, lethal result,
  136  
  137  such person commits the capital felony of trafficking in illegal
  138  drugs, punishable as provided in ss. 775.082 and 921.142. A
  139  person sentenced for a capital felony under this paragraph shall
  140  also be sentenced to pay the maximum fine provided under
  141  subparagraph 1.
  142         6. A person who knowingly brings into this state 60
  143  kilograms or more of any morphine, opium, oxycodone,
  144  hydrocodone, codeine, hydromorphone, or any salt, derivative,
  145  isomer, or salt of an isomer thereof, including heroin, as
  146  described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or
  147  60 kilograms or more of any mixture containing any such
  148  substance, and who knows that the probable result of such
  149  importation would be the death of a person, commits capital
  150  importation of illegal drugs, a capital felony punishable as
  151  provided in ss. 775.082 and 921.142. A person sentenced for a
  152  capital felony under this paragraph shall also be sentenced to
  153  pay the maximum fine provided under subparagraph 1.
  154         Section 2. This act shall take effect October 1, 2023.