Bill Text: FL S0360 | 2014 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Sentencing for Controlled Substance Violations
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2014-06-20 - Chapter No. 2014-176 [S0360 Detail]
Download: Florida-2014-S0360-Introduced.html
Bill Title: Sentencing for Controlled Substance Violations
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2014-06-20 - Chapter No. 2014-176 [S0360 Detail]
Download: Florida-2014-S0360-Introduced.html
Florida Senate - 2014 SB 360 By Senator Bradley 7-00124-14 2014360__ 1 A bill to be entitled 2 An act relating to sentencing for controlled substance 3 violations; amending s. 893.135, F.S.; providing that 4 a person who knowingly sells, purchases, manufactures, 5 delivers, or brings into this state specified 6 quantities of oxycodone or hydrocodone, or who is 7 knowingly in actual or constructive possession of 8 specified quantities of oxycodone or hydrocodone, 9 commits the offense of trafficking in illegal 10 prescription drugs, a felony of the first degree; 11 providing criminal penalties; amending s. 921.0022, 12 F.S.; ranking the offenses of trafficking in illegal 13 prescription drugs for purposes of the criminal 14 punishment code; reenacting s. 775.087(2)(a) and 15 (3)(a), F.S., relating to mandatory minimum sentences 16 for the possession or use of a weapon during the 17 commission of certain offenses, to incorporate the 18 amendments made to s. 893.135, F.S., in a reference 19 thereto; reenacting s. 782.04(1)(a), (3), and (4), 20 F.S., relating to the classification of a murder 21 committed during the commission of certain offenses, 22 to incorporate the amendments made to s. 893.135, 23 F.S., in a reference thereto; providing an effective 24 date. 25 26 Be It Enacted by the Legislature of the State of Florida: 27 28 Section 1. Paragraph (c) of subsection (1) of section 29 893.135, Florida Statutes, is amended to read: 30 893.135 Trafficking; mandatory sentences; suspension or 31 reduction of sentences; conspiracy to engage in trafficking.— 32 (1) Except as authorized in this chapter or in chapter 499 33 and notwithstanding the provisions of s. 893.13: 34 (c)1. Any person who knowingly sells, purchases, 35 manufactures, delivers, or brings into this state, or who is 36 knowingly in actual or constructive possession of, 4 grams or 37 more of any morphine, opium,oxycodone, hydrocodone,38 hydromorphone, or any salt, derivative, isomer, or salt of an 39 isomer thereof, including heroin, as described in s. 40 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 4 grams or more 41 of any mixture containing any such substance, but less than 30 42 kilograms of such substance or mixture, commits a felony of the 43 first degree, which felony shall be known as “trafficking in 44 illegal drugs,” punishable as provided in s. 775.082, s. 45 775.083, or s. 775.084. If the quantity involved: 46 a. Is 4 grams or more, but less than 14 grams, such person 47 shall be sentenced to a mandatory minimum term of imprisonment 48 of 3 years,andthe defendantshall be ordered to pay a fine of 49 $50,000. 50 b. Is 14 grams or more, but less than 28 grams, such person 51 shall be sentenced to a mandatory minimum term of imprisonment 52 of 15 years,andthe defendantshall be ordered to pay a fine of 53 $100,000. 54 c. Is 28 grams or more, but less than 30 kilograms, such 55 person shall be sentenced to a mandatory minimum term of 56 imprisonment of 25calendaryears and pay a fine of $500,000. 57 2. Any person who knowingly sells, purchases, manufactures, 58 delivers, or brings into this state, or who is knowingly in 59 actual or constructive possession of, 30 kilograms or more of 60 any morphine, opium,oxycodone, hydrocodone,hydromorphone, or 61 any salt, derivative, isomer, or salt of an isomer thereof, 62 including heroin, as described in s. 893.03(1)(b), (2)(a), 63 (3)(c)3., or (3)(c)4., or 30 kilograms or more of any mixture 64 containing any such substance, commits the first degree felony 65 of trafficking in illegal drugs. A person who has been convicted 66 of the first degree felony of trafficking in illegal drugs under 67 this subparagraph shall be punished by life imprisonment and is 68 ineligible for any form of discretionary early release except 69 pardon or executive clemency or conditional medical release 70 under s. 947.149. However, if the court determines that, in 71 addition to committing any act specified in this paragraph: 72 a. The person intentionally killed an individual or 73 counseled, commanded, induced, procured, or caused the 74 intentional killing of an individual and such killing was the 75 result; or 76 b. The person’s conduct in committing that act led to a 77 natural, though not inevitable, lethal result, 78 79 such person commits the capital felony of trafficking in illegal 80 drugs, punishable as provided in ss. 775.082 and 921.142. Any 81 person sentenced for a capital felony under this paragraph shall 82 also be sentenced to pay the maximum fine provided under 83 subparagraph 1. 84 3. Any person who knowingly sells, purchases, manufactures, 85 delivers, or brings into this state, or who is knowingly in 86 actual or constructive possession of, 14 grams or more of any 87 oxycodone or hydrocodone, or 14 grams or more of any mixture 88 containing any such substance, commits a felony of the first 89 degree, which felony shall be known as “trafficking in illegal 90 prescription drugs,” punishable as provided in s. 775.082, s. 91 775.083, or s. 775.084. If the quantity involved: 92 a. Is 14 grams or more, but less than 28 grams, such person 93 shall be sentenced to a mandatory minimum term of imprisonment 94 of 3 years and shall be ordered to pay a fine of $50,000. 95 b. Is 28 grams or more, but less than 50 grams, such person 96 shall be sentenced to a mandatory minimum term of imprisonment 97 of 7 years and shall be ordered to pay a fine of $100,000. 98 c. Is 50 grams or more, but less than 200 grams, such 99 person shall be sentenced to a mandatory minimum term of 100 imprisonment of 15 years and shall be ordered to pay a fine of 101 $500,000. 102 d. Is 200 grams or more, such person shall be sentenced to 103 a mandatory minimum term of imprisonment of 25 years and shall 104 be ordered to pay a fine of $750,000. 105 4.3.Any person who knowingly brings into this state 60 106 kilograms or more of any morphine, opium, oxycodone, 107 hydrocodone, hydromorphone, or any salt, derivative, isomer, or 108 salt of an isomer thereof, including heroin, as described in s. 109 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 60 kilograms or 110 more of any mixture containing any such substance, and who knows 111 that the probable result of such importation would be the death 112 of any person, commits capital importation of illegal drugs, a 113 capital felony punishable as provided in ss. 775.082 and 114 921.142. Any person sentenced for a capital felony under this 115 paragraph shall also be sentenced to pay the maximum fine 116 provided under subparagraph 1. 117 Section 2. Paragraphs (f) through (i) of subsection (3) of 118 section 921.0022, Florida Statutes, are amended to read: 119 921.0022 Criminal Punishment Code; offense severity ranking 120 chart.— 121 (3) OFFENSE SEVERITY RANKING CHART 122 (f) LEVEL 6 123 124 FloridaStatute FelonyDegree Description 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 (g) LEVEL 7 181 182 FloridaStatute FelonyDegree Description 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 (h) LEVEL 8 309 310 FloridaStatute FelonyDegree Description 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 (i) LEVEL 9 372 373 FloridaStatute FelonyDegree Description 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 Section 3. For the purpose of incorporating the amendment 428 made by this act to section 893.135, Florida Statutes, in a 429 reference thereto, paragraph (a) of subsection (2) and paragraph 430 (a) of subsection (3) of section 775.087, Florida Statutes, are 431 reenacted to read: 432 775.087 Possession or use of weapon; aggravated battery; 433 felony reclassification; minimum sentence.— 434 (2)(a)1. Any person who is convicted of a felony or an 435 attempt to commit a felony, regardless of whether the use of a 436 weapon is an element of the felony, and the conviction was for: 437 a. Murder; 438 b. Sexual battery; 439 c. Robbery; 440 d. Burglary; 441 e. Arson; 442 f. Aggravated assault; 443 g. Aggravated battery; 444 h. Kidnapping; 445 i. Escape; 446 j. Aircraft piracy; 447 k. Aggravated child abuse; 448 l. Aggravated abuse of an elderly person or disabled adult; 449 m. Unlawful throwing, placing, or discharging of a 450 destructive device or bomb; 451 n. Carjacking; 452 o. Home-invasion robbery; 453 p. Aggravated stalking; 454 q. Trafficking in cannabis, trafficking in cocaine, capital 455 importation of cocaine, trafficking in illegal drugs, capital 456 importation of illegal drugs, trafficking in phencyclidine, 457 capital importation of phencyclidine, trafficking in 458 methaqualone, capital importation of methaqualone, trafficking 459 in amphetamine, capital importation of amphetamine, trafficking 460 in flunitrazepam, trafficking in gamma-hydroxybutyric acid 461 (GHB), trafficking in 1,4-Butanediol, trafficking in 462 Phenethylamines, or other violation of s. 893.135(1); or 463 r. Possession of a firearm by a felon 464 465 and during the commission of the offense, such person actually 466 possessed a “firearm” or “destructive device” as those terms are 467 defined in s. 790.001, shall be sentenced to a minimum term of 468 imprisonment of 10 years, except that a person who is convicted 469 for aggravated assault, possession of a firearm by a felon, or 470 burglary of a conveyance shall be sentenced to a minimum term of 471 imprisonment of 3 years if such person possessed a “firearm” or 472 “destructive device” during the commission of the offense. 473 However, if an offender who is convicted of the offense of 474 possession of a firearm by a felon has a previous conviction of 475 committing or attempting to commit a felony listed in s. 476 775.084(1)(b)1. and actually possessed a firearm or destructive 477 device during the commission of the prior felony, the offender 478 shall be sentenced to a minimum term of imprisonment of 10 479 years. 480 2. Any person who is convicted of a felony or an attempt to 481 commit a felony listed in sub-subparagraphs (a)1.a.-q., 482 regardless of whether the use of a weapon is an element of the 483 felony, and during the course of the commission of the felony 484 such person discharged a “firearm” or “destructive device” as 485 defined in s. 790.001 shall be sentenced to a minimum term of 486 imprisonment of 20 years. 487 3. Any person who is convicted of a felony or an attempt to 488 commit a felony listed in sub-subparagraphs (a)1.a.-q., 489 regardless of whether the use of a weapon is an element of the 490 felony, and during the course of the commission of the felony 491 such person discharged a “firearm” or “destructive device” as 492 defined in s. 790.001 and, as the result of the discharge, death 493 or great bodily harm was inflicted upon any person, the 494 convicted person shall be sentenced to a minimum term of 495 imprisonment of not less than 25 years and not more than a term 496 of imprisonment of life in prison. 497 (3)(a)1. Any person who is convicted of a felony or an 498 attempt to commit a felony, regardless of whether the use of a 499 firearm is an element of the felony, and the conviction was for: 500 a. Murder; 501 b. Sexual battery; 502 c. Robbery; 503 d. Burglary; 504 e. Arson; 505 f. Aggravated assault; 506 g. Aggravated battery; 507 h. Kidnapping; 508 i. Escape; 509 j. Sale, manufacture, delivery, or intent to sell, 510 manufacture, or deliver any controlled substance; 511 k. Aircraft piracy; 512 l. Aggravated child abuse; 513 m. Aggravated abuse of an elderly person or disabled adult; 514 n. Unlawful throwing, placing, or discharging of a 515 destructive device or bomb; 516 o. Carjacking; 517 p. Home-invasion robbery; 518 q. Aggravated stalking; or 519 r. Trafficking in cannabis, trafficking in cocaine, capital 520 importation of cocaine, trafficking in illegal drugs, capital 521 importation of illegal drugs, trafficking in phencyclidine, 522 capital importation of phencyclidine, trafficking in 523 methaqualone, capital importation of methaqualone, trafficking 524 in amphetamine, capital importation of amphetamine, trafficking 525 in flunitrazepam, trafficking in gamma-hydroxybutyric acid 526 (GHB), trafficking in 1,4-Butanediol, trafficking in 527 Phenethylamines, or other violation of s. 893.135(1); 528 529 and during the commission of the offense, such person possessed 530 a semiautomatic firearm and its high-capacity detachable box 531 magazine or a machine gun as defined in s. 790.001, shall be 532 sentenced to a minimum term of imprisonment of 15 years. 533 2. Any person who is convicted of a felony or an attempt to 534 commit a felony listed in subparagraph (a)1., regardless of 535 whether the use of a weapon is an element of the felony, and 536 during the course of the commission of the felony such person 537 discharged a semiautomatic firearm and its high-capacity box 538 magazine or a “machine gun” as defined in s. 790.001 shall be 539 sentenced to a minimum term of imprisonment of 20 years. 540 3. Any person who is convicted of a felony or an attempt to 541 commit a felony listed in subparagraph (a)1., regardless of 542 whether the use of a weapon is an element of the felony, and 543 during the course of the commission of the felony such person 544 discharged a semiautomatic firearm and its high-capacity box 545 magazine or a “machine gun” as defined in s. 790.001 and, as the 546 result of the discharge, death or great bodily harm was 547 inflicted upon any person, the convicted person shall be 548 sentenced to a minimum term of imprisonment of not less than 25 549 years and not more than a term of imprisonment of life in 550 prison. 551 Section 4. For the purpose of incorporating the amendment 552 made by this act to section 893.135, Florida Statutes, in a 553 reference thereto, paragraph (a) of subsection (1) and 554 subsections (3) and (4) of section 782.04, Florida Statutes, are 555 reenacted to read: 556 782.04 Murder.— 557 (1)(a) The unlawful killing of a human being: 558 1. When perpetrated from a premeditated design to effect 559 the death of the person killed or any human being; 560 2. When committed by a person engaged in the perpetration 561 of, or in the attempt to perpetrate, any: 562 a. Trafficking offense prohibited by s. 893.135(1), 563 b. Arson, 564 c. Sexual battery, 565 d. Robbery, 566 e. Burglary, 567 f. Kidnapping, 568 g. Escape, 569 h. Aggravated child abuse, 570 i. Aggravated abuse of an elderly person or disabled adult, 571 j. Aircraft piracy, 572 k. Unlawful throwing, placing, or discharging of a 573 destructive device or bomb, 574 l. Carjacking, 575 m. Home-invasion robbery, 576 n. Aggravated stalking, 577 o. Murder of another human being, 578 p. Resisting an officer with violence to his or her person, 579 q. Aggravated fleeing or eluding with serious bodily injury 580 or death, 581 r. Felony that is an act of terrorism or is in furtherance 582 of an act of terrorism; or 583 3. Which resulted from the unlawful distribution of any 584 substance controlled under s. 893.03(1), cocaine as described in 585 s. 893.03(2)(a)4., opium or any synthetic or natural salt, 586 compound, derivative, or preparation of opium, or methadone by a 587 person 18 years of age or older, when such drug is proven to be 588 the proximate cause of the death of the user, 589 590 is murder in the first degree and constitutes a capital felony, 591 punishable as provided in s. 775.082. 592 (3) When a human being is killed during the perpetration 593 of, or during the attempt to perpetrate, any: 594 (a) Trafficking offense prohibited by s. 893.135(1), 595 (b) Arson, 596 (c) Sexual battery, 597 (d) Robbery, 598 (e) Burglary, 599 (f) Kidnapping, 600 (g) Escape, 601 (h) Aggravated child abuse, 602 (i) Aggravated abuse of an elderly person or disabled 603 adult, 604 (j) Aircraft piracy, 605 (k) Unlawful throwing, placing, or discharging of a 606 destructive device or bomb, 607 (l) Carjacking, 608 (m) Home-invasion robbery, 609 (n) Aggravated stalking, 610 (o) Murder of another human being, 611 (p) Aggravated fleeing or eluding with serious bodily 612 injury or death, 613 (q) Resisting an officer with violence to his or her 614 person, or 615 (r) Felony that is an act of terrorism or is in furtherance 616 of an act of terrorism, 617 618 by a person other than the person engaged in the perpetration of 619 or in the attempt to perpetrate such felony, the person 620 perpetrating or attempting to perpetrate such felony commits 621 murder in the second degree, which constitutes a felony of the 622 first degree, punishable by imprisonment for a term of years not 623 exceeding life or as provided in s. 775.082, s. 775.083, or s. 624 775.084. 625 (4) The unlawful killing of a human being, when perpetrated 626 without any design to effect death, by a person engaged in the 627 perpetration of, or in the attempt to perpetrate, any felony 628 other than any: 629 (a) Trafficking offense prohibited by s. 893.135(1), 630 (b) Arson, 631 (c) Sexual battery, 632 (d) Robbery, 633 (e) Burglary, 634 (f) Kidnapping, 635 (g) Escape, 636 (h) Aggravated child abuse, 637 (i) Aggravated abuse of an elderly person or disabled 638 adult, 639 (j) Aircraft piracy, 640 (k) Unlawful throwing, placing, or discharging of a 641 destructive device or bomb, 642 (l) Unlawful distribution of any substance controlled under 643 s. 893.03(1), cocaine as described in s. 893.03(2)(a)4., or 644 opium or any synthetic or natural salt, compound, derivative, or 645 preparation of opium by a person 18 years of age or older, when 646 such drug is proven to be the proximate cause of the death of 647 the user, 648 (m) Carjacking, 649 (n) Home-invasion robbery, 650 (o) Aggravated stalking, 651 (p) Murder of another human being, 652 (q) Aggravated fleeing or eluding with serious bodily 653 injury or death, 654 (r) Resisting an officer with violence to his or her 655 person, or 656 (s) Felony that is an act of terrorism or is in furtherance 657 of an act of terrorism, 658 659 is murder in the third degree and constitutes a felony of the 660 second degree, punishable as provided in s. 775.082, s. 775.083, 661 or s. 775.084. 662 Section 5. This act shall take effect July 1, 2014.