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, and the defendant shall 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, and the defendant shall 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 25 calendar years 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
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180 (g) LEVEL 7
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182 FloridaStatute FelonyDegree Description
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308 (h) LEVEL 8
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310 FloridaStatute FelonyDegree Description
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371 (i) LEVEL 9
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373 FloridaStatute FelonyDegree Description
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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.
