Florida Senate - 2019                                     SB 472
       
       
        
       By Senator Farmer
       
       
       
       
       
       34-00229-19                                            2019472__
    1                        A bill to be entitled                      
    2         An act relating to the death penalty; amending s.
    3         775.082, F.S.; deleting provisions specifying the
    4         death penalty for capital felonies; deleting
    5         provisions relating to the effect of a declaration by
    6         a court of last resort that the death penalty in a
    7         capital felony is unconstitutional; amending ss. 27.51
    8         and 27.511, F.S.; deleting provisions relating to
    9         representation in death penalty cases; amending s.
   10         27.5304, F.S.; conforming provisions to changes made
   11         by the act; repealing ss. 27.7001, 27.7002, 27.701,
   12         27.702, 27.703, 27.704, 27.7045, 27.705, 27.706,
   13         27.707, 27.708, 27.7081, 27.7091, 27.710, 27.711, and
   14         27.715, F.S., relating to capital collateral
   15         representation; amending ss. 23.21, 27.51, 27.511,
   16         43.16, and 112.0455, F.S.; conforming provisions to
   17         changes made by the act; amending s. 119.071, F.S.;
   18         deleting a public records exemption relating to
   19         capital collateral proceedings; amending ss. 186.003,
   20         215.89, 215.985, 216.011, 282.201, and 790.25, F.S.;
   21         conforming provisions to changes made by the act;
   22         amending ss. 775.15 and 790.161, F.S.; deleting
   23         provisions relating to the effect of a declaration by
   24         a court of last resort that the death penalty in a
   25         capital felony is unconstitutional; repealing s.
   26         913.13, F.S., relating to jurors in capital cases;
   27         repealing s. 921.137, F.S., relating to prohibiting
   28         the imposition of the death sentence upon a defendant
   29         with an intellectual disability; repealing s. 921.141,
   30         F.S., relating to determination of whether to impose a
   31         sentence of death or life imprisonment for a capital
   32         felony; repealing s. 921.142, F.S., relating to
   33         determination of whether to impose a sentence of death
   34         or life imprisonment for a capital drug trafficking
   35         felony; amending ss. 775.021, 782.04, 775.30, 394.912,
   36         782.065, 794.011, 893.135, 944.275, and 948.012, F.S.;
   37         conforming provisions to changes made by the act;
   38         repealing ss. 922.052, 922.06, 922.07, 922.08,
   39         922.095, 922.10, 922.105, 922.108, 922.11, 922.111,
   40         922.12, 922.14, 922.15, 924.055, 924.056, and 924.057,
   41         F.S., relating to issuance of warrant of execution,
   42         stay of execution of death sentence, proceedings when
   43         a person under sentence of death appears to be insane,
   44         proceedings when a person under sentence of death
   45         appears to be pregnant, pursuit of collateral
   46         remedies, execution of death sentence, prohibition
   47         against reduction of death sentence as a result of
   48         determination that a method of execution is
   49         unconstitutional, sentencing orders in capital cases,
   50         regulation of execution, transfer to state prison for
   51         safekeeping before death warrant issued, return of
   52         warrant of execution issued by the Governor, sentence
   53         of death unexecuted for unjustifiable reasons, return
   54         of warrant of execution issued by the Supreme Court,
   55         legislative intent concerning appeals and
   56         postconviction proceedings in death penalty cases,
   57         commencement of capital postconviction actions for
   58         which sentence of death is imposed on or after January
   59         14, 2000, and limitation on postconviction cases in
   60         which the death sentence was imposed before January
   61         14, 2000, respectively; amending s. 925.11, F.S.;
   62         deleting provisions relating to preservation of DNA
   63         evidence in death penalty cases; amending s. 945.10,
   64         F.S.; deleting a public records exemption for the
   65         identity of executioners; providing an effective date.
   66          
   67  Be It Enacted by the Legislature of the State of Florida:
   68  
   69         Section 1. Paragraph (a) of subsection (1) and subsection
   70  (2) of section 775.082, Florida Statutes, are amended to read:
   71         775.082 Penalties; applicability of sentencing structures;
   72  mandatory minimum sentences for certain reoffenders previously
   73  released from prison.—
   74         (1)(a) Except as provided in paragraph (b), A person who
   75  has been convicted of a capital felony shall be punished by
   76  death if the proceeding held to determine sentence according to
   77  the procedure set forth in s. 921.141 results in a determination
   78  that such person shall be punished by death, otherwise such
   79  person shall be punished by life imprisonment and shall be
   80  ineligible for parole.
   81         (2)In the event the death penalty in a capital felony is
   82  held to be unconstitutional by the Florida Supreme Court or the
   83  United States Supreme Court, the court having jurisdiction over
   84  a person previously sentenced to death for a capital felony
   85  shall cause such person to be brought before the court, and the
   86  court shall sentence such person to life imprisonment as
   87  provided in subsection (1). No sentence of death shall be
   88  reduced as a result of a determination that a method of
   89  execution is held to be unconstitutional under the State
   90  Constitution or the Constitution of the United States.
   91         Section 2. Paragraphs (d), (e), and (f) of subsection (1)
   92  of section 27.51, Florida Statutes, are amended to read:
   93         27.51 Duties of public defender.—
   94         (1) The public defender shall represent, without additional
   95  compensation, any person determined to be indigent under s.
   96  27.52 and:
   97         (d) Sought by petition filed in such court to be
   98  involuntarily placed as a mentally ill person under part I of
   99  chapter 394, involuntarily committed as a sexually violent
  100  predator under part V of chapter 394, or involuntarily admitted
  101  to residential services as a person with developmental
  102  disabilities under chapter 393. A public defender shall not
  103  represent any plaintiff in a civil action brought under the
  104  Florida Rules of Civil Procedure, the Federal Rules of Civil
  105  Procedure, or the federal statutes, or represent a petitioner in
  106  a rule challenge under chapter 120, unless specifically
  107  authorized by statute; or
  108         (e)Convicted and sentenced to death, for purposes of
  109  handling an appeal to the Supreme Court; or
  110         (e)(f)Who is appealing a matter in a case arising under
  111  paragraphs (a)-(d).
  112         Section 3. Paragraphs (e), (f), and (g) of subsection (5)
  113  and subsection (8) of section 27.511, Florida Statutes, are
  114  amended to read:
  115         27.511 Offices of criminal conflict and civil regional
  116  counsel; legislative intent; qualifications; appointment;
  117  duties.—
  118         (5) When the Office of the Public Defender, at any time
  119  during the representation of two or more defendants, determines
  120  that the interests of those accused are so adverse or hostile
  121  that they cannot all be counseled by the public defender or his
  122  or her staff without a conflict of interest, or that none can be
  123  counseled by the public defender or his or her staff because of
  124  a conflict of interest, and the court grants the public
  125  defender’s motion to withdraw, the office of criminal conflict
  126  and civil regional counsel shall be appointed and shall provide
  127  legal services, without additional compensation, to any person
  128  determined to be indigent under s. 27.52, who is:
  129         (e)Convicted and sentenced to death, for purposes of
  130  handling an appeal to the Supreme Court;
  131         (e)(f) Appealing a matter in a case arising under
  132  paragraphs (a)-(d); or
  133         (f)(g) Seeking correction, reduction, or modification of a
  134  sentence under Rule 3.800, Florida Rules of Criminal Procedure,
  135  or seeking postconviction relief under Rule 3.850, Florida Rules
  136  of Criminal Procedure, if, in either case, the court determines
  137  that appointment of counsel is necessary to protect a person’s
  138  due process rights.
  139         (8) The public defender for the judicial circuit specified
  140  in s. 27.51(4) shall, after the record on appeal is transmitted
  141  to the appellate court by the office of criminal conflict and
  142  civil regional counsel which handled the trial and if requested
  143  by the regional counsel for the indicated appellate district,
  144  handle all circuit court appeals authorized pursuant to
  145  paragraph (5)(e)(f) within the state courts system and any
  146  authorized appeals to the federal courts required of the
  147  official making the request. If the public defender certifies to
  148  the court that the public defender has a conflict consistent
  149  with the criteria prescribed in s. 27.5303 and moves to
  150  withdraw, the regional counsel shall handle the appeal, unless
  151  the regional counsel has a conflict, in which case the court
  152  shall appoint private counsel pursuant to s. 27.40.
  153         Section 4. Subsection (13) of section 27.5304, Florida
  154  Statutes, is amended to read:
  155         27.5304 Private court-appointed counsel; compensation;
  156  notice.—
  157         (13) Notwithstanding the limitation set forth in subsection
  158  (5) and for the 2018-2019 fiscal year only, the compensation for
  159  representation in a criminal proceeding may not exceed the
  160  following:
  161         (a) For misdemeanors and juveniles represented at the trial
  162  level: $1,000.
  163         (b) For noncapital, nonlife felonies represented at the
  164  trial level: $15,000.
  165         (c) For life felonies represented at the trial level:
  166  $15,000.
  167         (d)For capital cases represented at the trial level:
  168  $25,000. For purposes of this paragraph, a “capital case” is any
  169  offense for which the potential sentence is death and the state
  170  has not waived seeking the death penalty.
  171         (d)(e) For representation on appeal: $9,000.
  172         (e)(f) This subsection expires July 1, 2019.
  173         Section 5. Part IV of chapter 27, titled “CAPITAL
  174  COLLATERAL REPRESENTATION, consisting of sections 27.7001,
  175  27.7002, 27.701, 27.702, 27.703, 27.704, 27.7045, 27.705,
  176  27.706, 27.707, 27.708, 27.7081, 27.7091, 27.710, 27.711, and
  177  27.715, Florida Statutes, is repealed.
  178         Section 6. Subsection (1) of section 23.21, Florida
  179  Statutes, is amended to read:
  180         23.21 Definitions.—For purposes of this part:
  181         (1) “Department” means a principal administrative unit
  182  within the executive branch of state government as defined in
  183  chapter 20 and includes the State Board of Administration, the
  184  Executive Office of the Governor, the Fish and Wildlife
  185  Conservation Commission, the Florida Commission on Offender
  186  Review, the Agency for Health Care Administration, the State
  187  Board of Education, the Board of Governors of the State
  188  University System, the Justice Administrative Commission, the
  189  capital collateral regional counsel, and separate budget
  190  entities placed for administrative purposes within a department.
  191         Section 7. Paragraph (a) of subsection (5) of section
  192  27.51, Florida Statutes, is amended to read:
  193         27.51 Duties of public defender.—
  194         (5)(a)When direct appellate proceedings prosecuted by a
  195  public defender on behalf of an accused and challenging a
  196  judgment of conviction and sentence of death terminate in an
  197  affirmance of such conviction and sentence, whether by the
  198  Florida Supreme Court or by the United States Supreme Court or
  199  by expiration of any deadline for filing such appeal in a state
  200  or federal court, the public defender shall notify the accused
  201  of his or her rights pursuant to Rule 3.851, Florida Rules of
  202  Criminal Procedure, including any time limits pertinent thereto,
  203  and shall advise such person that representation in any
  204  collateral proceedings is the responsibility of the capital
  205  collateral regional counsel. The public defender shall then
  206  forward all original files on the matter to the capital
  207  collateral regional counsel, retaining such copies for his or
  208  her files as may be desired.
  209         Section 8. Subsection (9) of section 27.511, Florida
  210  Statutes, is amended to read:
  211         27.511 Offices of criminal conflict and civil regional
  212  counsel; legislative intent; qualifications; appointment;
  213  duties.—
  214         (9)When direct appellate proceedings prosecuted by the
  215  office of criminal conflict and civil regional counsel on behalf
  216  of an accused and challenging a judgment of conviction and
  217  sentence of death terminate in an affirmance of such conviction
  218  and sentence, whether by the Supreme Court or by the United
  219  States Supreme Court or by expiration of any deadline for filing
  220  such appeal in a state or federal court, the office of criminal
  221  conflict and civil regional counsel shall notify the accused of
  222  his or her rights pursuant to Rule 3.851, Florida Rules of
  223  Criminal Procedure, including any time limits pertinent thereto,
  224  and shall advise such person that representation in any
  225  collateral proceedings is the responsibility of the capital
  226  collateral regional counsel. The office of criminal conflict and
  227  civil regional counsel shall forward all original files on the
  228  matter to the capital collateral regional counsel, retaining
  229  such copies for his or her files as may be desired or required
  230  by law.
  231         Section 9. Paragraph (a) of subsection (5) and subsection
  232  (6) of section 43.16, Florida Statutes, are amended to read:
  233         43.16 Justice Administrative Commission; membership, powers
  234  and duties.—
  235         (5) The duties of the commission shall include, but not be
  236  limited to, the following:
  237         (a) The maintenance of a central state office for
  238  administrative services and assistance when possible to and on
  239  behalf of the state attorneys and public defenders of Florida,
  240  the capital collateral regional counsel of Florida, the criminal
  241  conflict and civil regional counsel, and the Guardian Ad Litem
  242  Program.
  243         (6) The provisions contained in this section shall be
  244  supplemental to those of chapter 27, relating to state
  245  attorneys, public defenders, and criminal conflict and civil
  246  regional counsel, and capital collateral regional counsel; to
  247  those of chapter 39, relating to the Guardian Ad Litem Program;
  248  or to other laws pertaining hereto.
  249         Section 10. Paragraph (e) of subsection (13) of section
  250  112.0455, Florida Statutes, is amended to read:
  251         112.0455 Drug-Free Workplace Act.—
  252         (13) RULES.—
  253         (e) The Justice Administrative Commission may adopt rules
  254  on behalf of the state attorneys and public defenders of
  255  Florida, the capital collateral regional counsel, and the
  256  Judicial Qualifications Commission.
  257  
  258  This section shall not be construed to eliminate the bargainable
  259  rights as provided in the collective bargaining process where
  260  applicable.
  261         Section 11. Paragraph (d) of subsection (1) of section
  262  119.071, Florida Statutes, is amended to read:
  263         119.071 General exemptions from inspection or copying of
  264  public records.—
  265         (1) AGENCY ADMINISTRATION.—
  266         (d)1. A public record that was prepared by an agency
  267  attorney (including an attorney employed or retained by the
  268  agency or employed or retained by another public officer or
  269  agency to protect or represent the interests of the agency
  270  having custody of the record) or prepared at the attorney’s
  271  express direction, that reflects a mental impression,
  272  conclusion, litigation strategy, or legal theory of the attorney
  273  or the agency, and that was prepared exclusively for civil or
  274  criminal litigation or for adversarial administrative
  275  proceedings, or that was prepared in anticipation of imminent
  276  civil or criminal litigation or imminent adversarial
  277  administrative proceedings, is exempt from s. 119.07(1) and s.
  278  24(a), Art. I of the State Constitution until the conclusion of
  279  the litigation or adversarial administrative proceedings. For
  280  purposes of capital collateral litigation as set forth in s.
  281  27.7001, the Attorney General’s office is entitled to claim this
  282  exemption for those public records prepared for direct appeal as
  283  well as for all capital collateral litigation after direct
  284  appeal until execution of sentence or imposition of a life
  285  sentence.
  286         2. This exemption is not waived by the release of such
  287  public record to another public employee or officer of the same
  288  agency or any person consulted by the agency attorney. When
  289  asserting the right to withhold a public record pursuant to this
  290  paragraph, the agency shall identify the potential parties to
  291  any such criminal or civil litigation or adversarial
  292  administrative proceedings. If a court finds that the document
  293  or other record has been improperly withheld under this
  294  paragraph, the party seeking access to such document or record
  295  shall be awarded reasonable attorney’s fees and costs in
  296  addition to any other remedy ordered by the court.
  297         Section 12. Subsection (6) of section 186.003, Florida
  298  Statutes, is amended to read:
  299         186.003 Definitions; ss. 186.001-186.031, 186.801-186.901.
  300  As used in ss. 186.001-186.031 and 186.801-186.901, the term:
  301         (6) “State agency” or “agency” means any official, officer,
  302  commission, board, authority, council, committee, or department
  303  of the executive branch of state government. For purposes of
  304  this chapter, “state agency” or “agency” includes state
  305  attorneys, public defenders, the capital collateral regional
  306  counsel, the Justice Administrative Commission, and the Public
  307  Service Commission.
  308         Section 13. Paragraph (b) of subsection (2) of section
  309  215.89, Florida Statutes, is amended to read:
  310         215.89 Charts of account.—
  311         (2) DEFINITIONS.—As used in this section, the term:
  312         (b) “State agency” means an official, officer, commission,
  313  board, authority, council, committee, or department of the
  314  executive branch; a state attorney, public defender, or criminal
  315  conflict and civil regional counsel, or capital collateral
  316  regional counsel; the Florida Clerks of Court Operations
  317  Corporation; the Justice Administrative Commission; the Florida
  318  Housing Finance Corporation; the Florida Public Service
  319  Commission; the State Board of Administration; the Supreme Court
  320  or a district court of appeal, circuit court, or county court;
  321  or the Judicial Qualifications Commission.
  322         Section 14. Paragraph (h) of subsection (14) of section
  323  215.985, Florida Statutes, is amended to read:
  324         215.985 Transparency in government spending.—
  325         (14) The Chief Financial Officer shall establish and
  326  maintain a secure contract tracking system available for viewing
  327  and downloading by the public through a secure website. The
  328  Chief Financial Officer shall use appropriate Internet security
  329  measures to ensure that no person has the ability to alter or
  330  modify records available on the website.
  331         (h) For purposes of this subsection, the term:
  332         1. “Procurement document” means any document or material
  333  provided to the public or any vendor as part of a formal
  334  competitive solicitation of goods or services undertaken by a
  335  state entity, and a document or material submitted in response
  336  to a formal competitive solicitation by any vendor who is
  337  awarded the resulting contract.
  338         2. “State entity” means an official, officer, commission,
  339  board, authority, council, committee, or department of the
  340  executive branch of state government; a state attorney, public
  341  defender, criminal conflict and civil regional counsel, capital
  342  collateral regional counsel, and the Justice Administrative
  343  Commission; the Public Service Commission; and any part of the
  344  judicial branch of state government.
  345         Section 15. Paragraph (qq) of subsection (1) of section
  346  216.011, Florida Statutes, is amended to read:
  347         216.011 Definitions.—
  348         (1) For the purpose of fiscal affairs of the state,
  349  appropriations acts, legislative budgets, and approved budgets,
  350  each of the following terms has the meaning indicated:
  351         (qq) “State agency” or “agency” means any official,
  352  officer, commission, board, authority, council, committee, or
  353  department of the executive branch of state government. For
  354  purposes of this chapter and chapter 215, “state agency” or
  355  “agency” includes, but is not limited to, state attorneys,
  356  public defenders, criminal conflict and civil regional counsel,
  357  capital collateral regional counsel, the Justice Administrative
  358  Commission, the Florida Housing Finance Corporation, and the
  359  Florida Public Service Commission. Solely for the purposes of
  360  implementing s. 19(h), Art. III of the State Constitution, the
  361  terms “state agency” or “agency” include the judicial branch.
  362         Section 16. Paragraph (c) of subsection (4) of section
  363  282.201, Florida Statutes, is amended to read:
  364         282.201 State data center.—The state data center is
  365  established within the Agency for State Technology and shall
  366  provide data center services that are hosted on premises or
  367  externally through a third-party provider as an enterprise
  368  information technology service. The provision of data center
  369  services must comply with applicable state and federal laws,
  370  regulations, and policies, including all applicable security,
  371  privacy, and auditing requirements.
  372         (4) SCHEDULE FOR CONSOLIDATIONS OF AGENCY DATA CENTERS.—
  373         (c) The following are exempt from state data center
  374  consolidation under this section: the Department of Law
  375  Enforcement, the Department of the Lottery’s Gaming System,
  376  Systems Design and Development in the Office of Policy and
  377  Budget, the regional traffic management centers as described in
  378  s. 335.14(2) and the Office of Toll Operations of the Department
  379  of Transportation, the State Board of Administration, state
  380  attorneys, public defenders, criminal conflict and civil
  381  regional counsel, capital collateral regional counsel, and the
  382  Florida Housing Finance Corporation.
  383         Section 17. Paragraph (p) of subsection (3) of section
  384  790.25, Florida Statutes, is amended to read:
  385         790.25 Lawful ownership, possession, and use of firearms
  386  and other weapons.—
  387         (3) LAWFUL USES.—The provisions of ss. 790.053 and 790.06
  388  do not apply in the following instances, and, despite such
  389  sections, it is lawful for the following persons to own,
  390  possess, and lawfully use firearms and other weapons,
  391  ammunition, and supplies for lawful purposes:
  392         (p)Investigators employed by the capital collateral
  393  regional counsel, while actually carrying out official duties,
  394  provided such investigators:
  395         1.Are employed full time;
  396         2.Meet the official training standards for firearms as
  397  established by the Criminal Justice Standards and Training
  398  Commission as provided in s. 943.12(1) and the requirements of
  399  ss. 493.6108(1)(a) and 943.13(1)-(4); and
  400         3.Are individually designated by an affidavit of consent
  401  signed by the capital collateral regional counsel and filed with
  402  the clerk of the circuit court in the county in which the
  403  investigator is headquartered.
  404         Section 18. Subsection (1) of section 775.15, Florida
  405  Statutes, is amended to read:
  406         775.15 Time limitations; general time limitations;
  407  exceptions.—
  408         (1) A prosecution for a capital felony, a life felony, or a
  409  felony that resulted in a death may be commenced at any time. If
  410  the death penalty is held to be unconstitutional by the Florida
  411  Supreme Court or the United States Supreme Court, all crimes
  412  designated as capital felonies shall be considered life felonies
  413  for the purposes of this section, and prosecution for such
  414  crimes may be commenced at any time.
  415         Section 19. Subsection (4) of section 790.161, Florida
  416  Statutes, is amended to read:
  417         790.161 Making, possessing, throwing, projecting, placing,
  418  or discharging any destructive device or attempt so to do,
  419  felony; penalties.—A person who willfully and unlawfully makes,
  420  possesses, throws, projects, places, discharges, or attempts to
  421  make, possess, throw, project, place, or discharge any
  422  destructive device:
  423         (4) If the act results in the death of another person,
  424  commits a capital felony, punishable as provided in s. 775.082.
  425  In the event the death penalty in a capital felony is held to be
  426  unconstitutional by the Florida Supreme Court or the United
  427  States Supreme Court, the court having jurisdiction over a
  428  person previously sentenced to death for a capital felony shall
  429  cause such person to be brought before the court, and the court
  430  shall sentence such person to life imprisonment if convicted of
  431  murder in the first degree or of a capital felony under this
  432  subsection, and such person shall be ineligible for parole. No
  433  sentence of death shall be reduced as a result of a
  434  determination that a method of execution is held to be
  435  unconstitutional under the State Constitution or the
  436  Constitution of the United States.
  437         Section 20. Sections 913.13, 921.137, 921.141, and 921.142,
  438  Florida Statutes, are repealed.
  439         Section 21. Paragraph (c) of subsection (5) of section
  440  775.021, Florida Statutes, is amended to read:
  441         775.021 Rules of construction.—
  442         (5) Whoever commits an act that violates a provision of
  443  this code or commits a criminal offense defined by another
  444  statute and thereby causes the death of, or bodily injury to, an
  445  unborn child commits a separate offense if the provision or
  446  statute does not otherwise specifically provide a separate
  447  offense for such death or injury to an unborn child.
  448         (c)Notwithstanding any other provision of law, the death
  449  penalty may not be imposed for an offense under this subsection.
  450         Section 22. Subsection (1) of section 782.04, Florida
  451  Statutes, is amended to read:
  452         782.04 Murder.—
  453         (1)(a) The unlawful killing of a human being:
  454         (a)1. When perpetrated from a premeditated design to effect
  455  the death of the person killed or any human being;
  456         (b)2. When committed by a person engaged in the
  457  perpetration of, or in the attempt to perpetrate, any:
  458         1.a. Trafficking offense prohibited by s. 893.135(1),
  459         2.b. Arson,
  460         3.c. Sexual battery,
  461         4.d. Robbery,
  462         5.e. Burglary,
  463         6.f. Kidnapping,
  464         7.g. Escape,
  465         8.h. Aggravated child abuse,
  466         9.i. Aggravated abuse of an elderly person or disabled
  467  adult,
  468         10.j. Aircraft piracy,
  469         11.k. Unlawful throwing, placing, or discharging of a
  470  destructive device or bomb,
  471         12.l. Carjacking,
  472         13.m. Home-invasion robbery,
  473         14.n. Aggravated stalking,
  474         15.o. Murder of another human being,
  475         16.p. Resisting an officer with violence to his or her
  476  person,
  477         17.q. Aggravated fleeing or eluding with serious bodily
  478  injury or death,
  479         18.r. Felony that is an act of terrorism or is in
  480  furtherance of an act of terrorism, including a felony under s.
  481  775.30, s. 775.32, s. 775.33, s. 775.34, or s. 775.35, or
  482         19.s. Human trafficking; or
  483         (c)3. Which resulted from the unlawful distribution by a
  484  person 18 years of age or older of any of the following
  485  substances, or mixture containing any of the following
  486  substances, when such substance or mixture is proven to be the
  487  proximate cause of the death of the user:
  488         1.a. A substance controlled under s. 893.03(1);
  489         2.b. Cocaine, as described in s. 893.03(2)(a)4.;
  490         3.c. Opium or any synthetic or natural salt, compound,
  491  derivative, or preparation of opium;
  492         4.d. Methadone;
  493         5.e. Alfentanil, as described in s. 893.03(2)(b)1.;
  494         6.f. Carfentanil, as described in s. 893.03(2)(b)6.;
  495         7.g. Fentanyl, as described in s. 893.03(2)(b)9.;
  496         8.h. Sufentanil, as described in s. 893.03(2)(b)30.; or
  497         9.i. A controlled substance analog, as described in s.
  498  893.0356, of any substance specified in subparagraphs 1.-8. sub
  499  subparagraphs a.-h.,
  500  
  501  is murder in the first degree and constitutes a capital felony,
  502  punishable as provided in s. 775.082.
  503         (b)In all cases under this section, the procedure set
  504  forth in s. 921.141 shall be followed in order to determine
  505  sentence of death or life imprisonment. If the prosecutor
  506  intends to seek the death penalty, the prosecutor must give
  507  notice to the defendant and file the notice with the court
  508  within 45 days after arraignment. The notice must contain a list
  509  of the aggravating factors the state intends to prove and has
  510  reason to believe it can prove beyond a reasonable doubt. The
  511  court may allow the prosecutor to amend the notice upon a
  512  showing of good cause.
  513         Section 23. Subsection (2) of section 775.30, Florida
  514  Statutes, is amended to read:
  515         775.30 Terrorism; defined; penalties.—
  516         (2) A person who violates s. 782.04(1)(a) s. 782.04(1)(a)1.
  517  or (2), s. 782.065, s. 782.07(1), s. 782.09, s. 784.045, s.
  518  784.07, s. 787.01, s. 787.02, s. 787.07, s. 790.115, s. 790.15,
  519  s. 790.16, s. 790.161, s. 790.1615, s. 790.162, s. 790.166, s.
  520  790.19, s. 806.01, s. 806.031, s. 806.111, s. 815.06, s.
  521  815.061, s. 859.01, or s. 876.34, in furtherance of intimidating
  522  or coercing the policy of a government, or in furtherance of
  523  affecting the conduct of a government by mass destruction,
  524  assassination, or kidnapping, commits the crime of terrorism, a
  525  felony of the first degree, punishable as provided in s.
  526  775.082, s. 775.083, or s. 775.084.
  527         Section 24. Paragraph (a) of subsection (9) of section
  528  394.912, Florida Statutes, is amended to read:
  529         394.912 Definitions.—As used in this part, the term:
  530         (9) “Sexually violent offense” means:
  531         (a) Murder of a human being while engaged in sexual battery
  532  in violation of s. 782.04(1)(b) s. 782.04(1)(a)2.;
  533         Section 25. Subsection (1) of section 782.065, Florida
  534  Statutes, is amended to read:
  535         782.065 Murder; law enforcement officer, correctional
  536  officer, correctional probation officer.—Notwithstanding ss.
  537  775.082, 775.0823, 782.04, 782.051, and chapter 921, a defendant
  538  shall be sentenced to life imprisonment without eligibility for
  539  release upon findings by the trier of fact that, beyond a
  540  reasonable doubt:
  541         (1) The defendant committed murder in the first degree in
  542  violation of s. 782.04(1) and a death sentence was not imposed;
  543  murder in the second or third degree in violation of s.
  544  782.04(2), (3), or (4); attempted murder in the first or second
  545  degree in violation of s. 782.04(1)(a) s. 782.04(1)(a)1. or (2);
  546  or attempted felony murder in violation of s. 782.051; and
  547         Section 26. Paragraph (a) of subsection (2) of section
  548  794.011, Florida Statutes, is amended to read:
  549         794.011 Sexual battery.—
  550         (2)(a) A person 18 years of age or older who commits sexual
  551  battery upon, or in an attempt to commit sexual battery injures
  552  the sexual organs of, a person less than 12 years of age commits
  553  a capital felony, punishable as provided in s. 775.082 ss.
  554  775.082 and 921.141.
  555         Section 27. Paragraphs (b) through (l) and paragraph (n) of
  556  subsection (1) of section 893.135, Florida Statutes, are amended
  557  to read:
  558         893.135 Trafficking; mandatory sentences; suspension or
  559  reduction of sentences; conspiracy to engage in trafficking.—
  560         (1) Except as authorized in this chapter or in chapter 499
  561  and notwithstanding the provisions of s. 893.13:
  562         (b)1. Any person who knowingly sells, purchases,
  563  manufactures, delivers, or brings into this state, or who is
  564  knowingly in actual or constructive possession of, 28 grams or
  565  more of cocaine, as described in s. 893.03(2)(a)4., or of any
  566  mixture containing cocaine, but less than 150 kilograms of
  567  cocaine or any such mixture, commits a felony of the first
  568  degree, which felony shall be known as “trafficking in cocaine,”
  569  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  570  If the quantity involved:
  571         a. Is 28 grams or more, but less than 200 grams, such
  572  person shall be sentenced to a mandatory minimum term of
  573  imprisonment of 3 years, and the defendant shall be ordered to
  574  pay a fine of $50,000.
  575         b. Is 200 grams or more, but less than 400 grams, such
  576  person shall be sentenced to a mandatory minimum term of
  577  imprisonment of 7 years, and the defendant shall be ordered to
  578  pay a fine of $100,000.
  579         c. Is 400 grams or more, but less than 150 kilograms, such
  580  person shall be sentenced to a mandatory minimum term of
  581  imprisonment of 15 calendar years and pay a fine of $250,000.
  582         2. Any person who knowingly sells, purchases, manufactures,
  583  delivers, or brings into this state, or who is knowingly in
  584  actual or constructive possession of, 150 kilograms or more of
  585  cocaine, as described in s. 893.03(2)(a)4., commits the first
  586  degree felony of trafficking in cocaine. A person who has been
  587  convicted of the first degree felony of trafficking in cocaine
  588  under this subparagraph shall be punished by life imprisonment
  589  and is ineligible for any form of discretionary early release
  590  except pardon or executive clemency or conditional medical
  591  release under s. 947.149. However, if the court determines that,
  592  in addition to committing any act specified in this paragraph:
  593         a. The person intentionally killed an individual or
  594  counseled, commanded, induced, procured, or caused the
  595  intentional killing of an individual and such killing was the
  596  result; or
  597         b. The person’s conduct in committing that act led to a
  598  natural, though not inevitable, lethal result,
  599  
  600  such person commits the capital felony of trafficking in
  601  cocaine, punishable as provided in s. 775.082 ss. 775.082 and
  602  921.142. Any person sentenced for a capital felony under this
  603  paragraph shall also be sentenced to pay the maximum fine
  604  provided under subparagraph 1.
  605         3. Any person who knowingly brings into this state 300
  606  kilograms or more of cocaine, as described in s. 893.03(2)(a)4.,
  607  and who knows that the probable result of such importation would
  608  be the death of any person, commits capital importation of
  609  cocaine, a capital felony punishable as provided in s. 775.082
  610  ss. 775.082 and 921.142. Any person sentenced for a capital
  611  felony under this paragraph shall also be sentenced to pay the
  612  maximum fine provided under subparagraph 1.
  613         (c)1. A person who knowingly sells, purchases,
  614  manufactures, delivers, or brings into this state, or who is
  615  knowingly in actual or constructive possession of, 4 grams or
  616  more of any morphine, opium, hydromorphone, or any salt,
  617  derivative, isomer, or salt of an isomer thereof, including
  618  heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or
  619  (3)(c)4., or 4 grams or more of any mixture containing any such
  620  substance, but less than 30 kilograms of such substance or
  621  mixture, commits a felony of the first degree, which felony
  622  shall be known as “trafficking in illegal drugs,” punishable as
  623  provided in s. 775.082, s. 775.083, or s. 775.084. If the
  624  quantity involved:
  625         a. Is 4 grams or more, but less than 14 grams, such person
  626  shall be sentenced to a mandatory minimum term of imprisonment
  627  of 3 years and shall be ordered to pay a fine of $50,000.
  628         b. Is 14 grams or more, but less than 28 grams, such person
  629  shall be sentenced to a mandatory minimum term of imprisonment
  630  of 15 years and shall be ordered to pay a fine of $100,000.
  631         c. Is 28 grams or more, but less than 30 kilograms, such
  632  person shall be sentenced to a mandatory minimum term of
  633  imprisonment of 25 years and shall be ordered to pay a fine of
  634  $500,000.
  635         2. A person who knowingly sells, purchases, manufactures,
  636  delivers, or brings into this state, or who is knowingly in
  637  actual or constructive possession of, 14 grams or more of
  638  hydrocodone, as described in s. 893.03(2)(a)1.k., codeine, as
  639  described in s. 893.03(2)(a)1.g., or any salt thereof, or 14
  640  grams or more of any mixture containing any such substance,
  641  commits a felony of the first degree, which felony shall be
  642  known as “trafficking in hydrocodone,” punishable as provided in
  643  s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
  644         a. Is 14 grams or more, but less than 28 grams, such person
  645  shall be sentenced to a mandatory minimum term of imprisonment
  646  of 3 years and shall be ordered to pay a fine of $50,000.
  647         b. Is 28 grams or more, but less than 50 grams, such person
  648  shall be sentenced to a mandatory minimum term of imprisonment
  649  of 7 years and shall be ordered to pay a fine of $100,000.
  650         c. Is 50 grams or more, but less than 200 grams, such
  651  person shall be sentenced to a mandatory minimum term of
  652  imprisonment of 15 years and shall be ordered to pay a fine of
  653  $500,000.
  654         d. Is 200 grams or more, but less than 30 kilograms, such
  655  person shall be sentenced to a mandatory minimum term of
  656  imprisonment of 25 years and shall be ordered to pay a fine of
  657  $750,000.
  658         3. A person who knowingly sells, purchases, manufactures,
  659  delivers, or brings into this state, or who is knowingly in
  660  actual or constructive possession of, 7 grams or more of
  661  oxycodone, as described in s. 893.03(2)(a)1.q., or any salt
  662  thereof, or 7 grams or more of any mixture containing any such
  663  substance, commits a felony of the first degree, which felony
  664  shall be known as “trafficking in oxycodone,” punishable as
  665  provided in s. 775.082, s. 775.083, or s. 775.084. If the
  666  quantity involved:
  667         a. Is 7 grams or more, but less than 14 grams, such person
  668  shall be sentenced to a mandatory minimum term of imprisonment
  669  of 3 years and shall be ordered to pay a fine of $50,000.
  670         b. Is 14 grams or more, but less than 25 grams, such person
  671  shall be sentenced to a mandatory minimum term of imprisonment
  672  of 7 years and shall be ordered to pay a fine of $100,000.
  673         c. Is 25 grams or more, but less than 100 grams, such
  674  person shall be sentenced to a mandatory minimum term of
  675  imprisonment of 15 years and shall be ordered to pay a fine of
  676  $500,000.
  677         d. Is 100 grams or more, but less than 30 kilograms, such
  678  person shall be sentenced to a mandatory minimum term of
  679  imprisonment of 25 years and shall be ordered to pay a fine of
  680  $750,000.
  681         4.a. A person who knowingly sells, purchases, manufactures,
  682  delivers, or brings into this state, or who is knowingly in
  683  actual or constructive possession of, 4 grams or more of:
  684         (I) Alfentanil, as described in s. 893.03(2)(b)1.;
  685         (II) Carfentanil, as described in s. 893.03(2)(b)6.;
  686         (III) Fentanyl, as described in s. 893.03(2)(b)9.;
  687         (IV) Sufentanil, as described in s. 893.03(2)(b)30.;
  688         (V) A fentanyl derivative, as described in s.
  689  893.03(1)(a)62.;
  690         (VI) A controlled substance analog, as described in s.
  691  893.0356, of any substance described in sub-sub-subparagraphs
  692  (I)-(V); or
  693         (VII) A mixture containing any substance described in sub
  694  sub-subparagraphs (I)-(VI),
  695  
  696  commits a felony of the first degree, which felony shall be
  697  known as “trafficking in fentanyl,” punishable as provided in s.
  698  775.082, s. 775.083, or s. 775.084.
  699         b. If the quantity involved under sub-subparagraph a.:
  700         (I) Is 4 grams or more, but less than 14 grams, such person
  701  shall be sentenced to a mandatory minimum term of imprisonment
  702  of 3 years, and shall be ordered to pay a fine of $50,000.
  703         (II) Is 14 grams or more, but less than 28 grams, such
  704  person shall be sentenced to a mandatory minimum term of
  705  imprisonment of 15 years, and shall be ordered to pay a fine of
  706  $100,000.
  707         (III) Is 28 grams or more, such person shall be sentenced
  708  to a mandatory minimum term of imprisonment of 25 years, and
  709  shall be ordered to pay a fine of $500,000.
  710         5. A person who knowingly sells, purchases, manufactures,
  711  delivers, or brings into this state, or who is knowingly in
  712  actual or constructive possession of, 30 kilograms or more of
  713  any morphine, opium, oxycodone, hydrocodone, codeine,
  714  hydromorphone, or any salt, derivative, isomer, or salt of an
  715  isomer thereof, including heroin, as described in s.
  716  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or
  717  more of any mixture containing any such substance, commits the
  718  first degree felony of trafficking in illegal drugs. A person
  719  who has been convicted of the first degree felony of trafficking
  720  in illegal drugs under this subparagraph shall be punished by
  721  life imprisonment and is ineligible for any form of
  722  discretionary early release except pardon or executive clemency
  723  or conditional medical release under s. 947.149. However, if the
  724  court determines that, in addition to committing any act
  725  specified in this paragraph:
  726         a. The person intentionally killed an individual or
  727  counseled, commanded, induced, procured, or caused the
  728  intentional killing of an individual and such killing was the
  729  result; or
  730         b. The person’s conduct in committing that act led to a
  731  natural, though not inevitable, lethal result,
  732  
  733  such person commits the capital felony of trafficking in illegal
  734  drugs, punishable as provided in s. 775.085 ss. 775.082 and
  735  921.142. A person sentenced for a capital felony under this
  736  paragraph shall also be sentenced to pay the maximum fine
  737  provided under subparagraph 1.
  738         6. A person who knowingly brings into this state 60
  739  kilograms or more of any morphine, opium, oxycodone,
  740  hydrocodone, codeine, hydromorphone, or any salt, derivative,
  741  isomer, or salt of an isomer thereof, including heroin, as
  742  described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or
  743  60 kilograms or more of any mixture containing any such
  744  substance, and who knows that the probable result of such
  745  importation would be the death of a person, commits capital
  746  importation of illegal drugs, a capital felony punishable as
  747  provided in s. 775.082 ss. 775.082 and 921.142. A person
  748  sentenced for a capital felony under this paragraph shall also
  749  be sentenced to pay the maximum fine provided under subparagraph
  750  1.
  751         (d)1. Any person who knowingly sells, purchases,
  752  manufactures, delivers, or brings into this state, or who is
  753  knowingly in actual or constructive possession of, 28 grams or
  754  more of phencyclidine, as described in s. 893.03(2)(b)23., a
  755  substituted phenylcyclohexylamine, as described in s.
  756  893.03(1)(c)195., or a substance described in s.
  757  893.03(1)(c)13., 32., 38., 103., or 146., or of any mixture
  758  containing phencyclidine, as described in s. 893.03(2)(b)23., a
  759  substituted phenylcyclohexylamine, as described in s.
  760  893.03(1)(c)195., or a substance described in s.
  761  893.03(1)(c)13., 32., 38., 103., or 146., commits a felony of
  762  the first degree, which felony shall be known as “trafficking in
  763  phencyclidine,” punishable as provided in s. 775.082, s.
  764  775.083, or s. 775.084. If the quantity involved:
  765         a. Is 28 grams or more, but less than 200 grams, such
  766  person shall be sentenced to a mandatory minimum term of
  767  imprisonment of 3 years, and the defendant shall be ordered to
  768  pay a fine of $50,000.
  769         b. Is 200 grams or more, but less than 400 grams, such
  770  person shall be sentenced to a mandatory minimum term of
  771  imprisonment of 7 years, and the defendant shall be ordered to
  772  pay a fine of $100,000.
  773         c. Is 400 grams or more, such person shall be sentenced to
  774  a mandatory minimum term of imprisonment of 15 calendar years
  775  and pay a fine of $250,000.
  776         2. Any person who knowingly brings into this state 800
  777  grams or more of phencyclidine, as described in s.
  778  893.03(2)(b)23., a substituted phenylcyclohexylamine, as
  779  described in s. 893.03(1)(c)195., or a substance described in s.
  780  893.03(1)(c)13., 32., 38., 103., or 146., or of any mixture
  781  containing phencyclidine, as described in s. 893.03(2)(b)23., a
  782  substituted phenylcyclohexylamine, as described in s.
  783  893.03(1)(c)195., or a substance described in s.
  784  893.03(1)(c)13., 32., 38., 103., or 146., and who knows that the
  785  probable result of such importation would be the death of any
  786  person commits capital importation of phencyclidine, a capital
  787  felony punishable as provided in s. 775.082 ss. 775.082 and
  788  921.142. Any person sentenced for a capital felony under this
  789  paragraph shall also be sentenced to pay the maximum fine
  790  provided under subparagraph 1.
  791         (e)1. Any person who knowingly sells, purchases,
  792  manufactures, delivers, or brings into this state, or who is
  793  knowingly in actual or constructive possession of, 200 grams or
  794  more of methaqualone or of any mixture containing methaqualone,
  795  as described in s. 893.03(1)(d), commits a felony of the first
  796  degree, which felony shall be known as “trafficking in
  797  methaqualone,” punishable as provided in s. 775.082, s. 775.083,
  798  or s. 775.084. If the quantity involved:
  799         a. Is 200 grams or more, but less than 5 kilograms, such
  800  person shall be sentenced to a mandatory minimum term of
  801  imprisonment of 3 years, and the defendant shall be ordered to
  802  pay a fine of $50,000.
  803         b. Is 5 kilograms or more, but less than 25 kilograms, such
  804  person shall be sentenced to a mandatory minimum term of
  805  imprisonment of 7 years, and the defendant shall be ordered to
  806  pay a fine of $100,000.
  807         c. Is 25 kilograms or more, such person shall be sentenced
  808  to a mandatory minimum term of imprisonment of 15 calendar years
  809  and pay a fine of $250,000.
  810         2. Any person who knowingly brings into this state 50
  811  kilograms or more of methaqualone or of any mixture containing
  812  methaqualone, as described in s. 893.03(1)(d), and who knows
  813  that the probable result of such importation would be the death
  814  of any person commits capital importation of methaqualone, a
  815  capital felony punishable as provided in s. 775.082 ss. 775.082
  816  and 921.142. Any person sentenced for a capital felony under
  817  this paragraph shall also be sentenced to pay the maximum fine
  818  provided under subparagraph 1.
  819         (f)1. Any person who knowingly sells, purchases,
  820  manufactures, delivers, or brings into this state, or who is
  821  knowingly in actual or constructive possession of, 14 grams or
  822  more of amphetamine, as described in s. 893.03(2)(c)2., or
  823  methamphetamine, as described in s. 893.03(2)(c)5., or of any
  824  mixture containing amphetamine or methamphetamine, or
  825  phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine
  826  in conjunction with other chemicals and equipment utilized in
  827  the manufacture of amphetamine or methamphetamine, commits a
  828  felony of the first degree, which felony shall be known as
  829  “trafficking in amphetamine,” punishable as provided in s.
  830  775.082, s. 775.083, or s. 775.084. If the quantity involved:
  831         a. Is 14 grams or more, but less than 28 grams, such person
  832  shall be sentenced to a mandatory minimum term of imprisonment
  833  of 3 years, and the defendant shall be ordered to pay a fine of
  834  $50,000.
  835         b. Is 28 grams or more, but less than 200 grams, such
  836  person shall be sentenced to a mandatory minimum term of
  837  imprisonment of 7 years, and the defendant shall be ordered to
  838  pay a fine of $100,000.
  839         c. Is 200 grams or more, such person shall be sentenced to
  840  a mandatory minimum term of imprisonment of 15 calendar years
  841  and pay a fine of $250,000.
  842         2. Any person who knowingly manufactures or brings into
  843  this state 400 grams or more of amphetamine, as described in s.
  844  893.03(2)(c)2., or methamphetamine, as described in s.
  845  893.03(2)(c)5., or of any mixture containing amphetamine or
  846  methamphetamine, or phenylacetone, phenylacetic acid,
  847  pseudoephedrine, or ephedrine in conjunction with other
  848  chemicals and equipment used in the manufacture of amphetamine
  849  or methamphetamine, and who knows that the probable result of
  850  such manufacture or importation would be the death of any person
  851  commits capital manufacture or importation of amphetamine, a
  852  capital felony punishable as provided in s. 775.082 ss. 775.082
  853  and 921.142. Any person sentenced for a capital felony under
  854  this paragraph shall also be sentenced to pay the maximum fine
  855  provided under subparagraph 1.
  856         (g)1. Any person who knowingly sells, purchases,
  857  manufactures, delivers, or brings into this state, or who is
  858  knowingly in actual or constructive possession of, 4 grams or
  859  more of flunitrazepam or any mixture containing flunitrazepam as
  860  described in s. 893.03(1)(a) commits a felony of the first
  861  degree, which felony shall be known as “trafficking in
  862  flunitrazepam,” punishable as provided in s. 775.082, s.
  863  775.083, or s. 775.084. If the quantity involved:
  864         a. Is 4 grams or more but less than 14 grams, such person
  865  shall be sentenced to a mandatory minimum term of imprisonment
  866  of 3 years, and the defendant shall be ordered to pay a fine of
  867  $50,000.
  868         b. Is 14 grams or more but less than 28 grams, such person
  869  shall be sentenced to a mandatory minimum term of imprisonment
  870  of 7 years, and the defendant shall be ordered to pay a fine of
  871  $100,000.
  872         c. Is 28 grams or more but less than 30 kilograms, such
  873  person shall be sentenced to a mandatory minimum term of
  874  imprisonment of 25 calendar years and pay a fine of $500,000.
  875         2. Any person who knowingly sells, purchases, manufactures,
  876  delivers, or brings into this state or who is knowingly in
  877  actual or constructive possession of 30 kilograms or more of
  878  flunitrazepam or any mixture containing flunitrazepam as
  879  described in s. 893.03(1)(a) commits the first degree felony of
  880  trafficking in flunitrazepam. A person who has been convicted of
  881  the first degree felony of trafficking in flunitrazepam under
  882  this subparagraph shall be punished by life imprisonment and is
  883  ineligible for any form of discretionary early release except
  884  pardon or executive clemency or conditional medical release
  885  under s. 947.149. However, if the court determines that, in
  886  addition to committing any act specified in this paragraph:
  887         a. The person intentionally killed an individual or
  888  counseled, commanded, induced, procured, or caused the
  889  intentional killing of an individual and such killing was the
  890  result; or
  891         b. The person’s conduct in committing that act led to a
  892  natural, though not inevitable, lethal result,
  893  
  894  such person commits the capital felony of trafficking in
  895  flunitrazepam, punishable as provided in s. 775.082 ss. 775.082
  896  and 921.142. Any person sentenced for a capital felony under
  897  this paragraph shall also be sentenced to pay the maximum fine
  898  provided under subparagraph 1.
  899         (h)1. Any person who knowingly sells, purchases,
  900  manufactures, delivers, or brings into this state, or who is
  901  knowingly in actual or constructive possession of, 1 kilogram or
  902  more of gamma-hydroxybutyric acid (GHB), as described in s.
  903  893.03(1)(d), or any mixture containing gamma-hydroxybutyric
  904  acid (GHB), commits a felony of the first degree, which felony
  905  shall be known as “trafficking in gamma-hydroxybutyric acid
  906  (GHB),” punishable as provided in s. 775.082, s. 775.083, or s.
  907  775.084. If the quantity involved:
  908         a. Is 1 kilogram or more but less than 5 kilograms, such
  909  person shall be sentenced to a mandatory minimum term of
  910  imprisonment of 3 years, and the defendant shall be ordered to
  911  pay a fine of $50,000.
  912         b. Is 5 kilograms or more but less than 10 kilograms, such
  913  person shall be sentenced to a mandatory minimum term of
  914  imprisonment of 7 years, and the defendant shall be ordered to
  915  pay a fine of $100,000.
  916         c. Is 10 kilograms or more, such person shall be sentenced
  917  to a mandatory minimum term of imprisonment of 15 calendar years
  918  and pay a fine of $250,000.
  919         2. Any person who knowingly manufactures or brings into
  920  this state 150 kilograms or more of gamma-hydroxybutyric acid
  921  (GHB), as described in s. 893.03(1)(d), or any mixture
  922  containing gamma-hydroxybutyric acid (GHB), and who knows that
  923  the probable result of such manufacture or importation would be
  924  the death of any person commits capital manufacture or
  925  importation of gamma-hydroxybutyric acid (GHB), a capital felony
  926  punishable as provided in s. 775.082 ss. 775.082 and 921.142.
  927  Any person sentenced for a capital felony under this paragraph
  928  shall also be sentenced to pay the maximum fine provided under
  929  subparagraph 1.
  930         (i)1. Any person who knowingly sells, purchases,
  931  manufactures, delivers, or brings into this state, or who is
  932  knowingly in actual or constructive possession of, 1 kilogram or
  933  more of gamma-butyrolactone (GBL), as described in s.
  934  893.03(1)(d), or any mixture containing gamma-butyrolactone
  935  (GBL), commits a felony of the first degree, which felony shall
  936  be known as “trafficking in gamma-butyrolactone (GBL),”
  937  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  938  If the quantity involved:
  939         a. Is 1 kilogram or more but less than 5 kilograms, such
  940  person shall be sentenced to a mandatory minimum term of
  941  imprisonment of 3 years, and the defendant shall be ordered to
  942  pay a fine of $50,000.
  943         b. Is 5 kilograms or more but less than 10 kilograms, such
  944  person shall be sentenced to a mandatory minimum term of
  945  imprisonment of 7 years, and the defendant shall be ordered to
  946  pay a fine of $100,000.
  947         c. Is 10 kilograms or more, such person shall be sentenced
  948  to a mandatory minimum term of imprisonment of 15 calendar years
  949  and pay a fine of $250,000.
  950         2. Any person who knowingly manufactures or brings into the
  951  state 150 kilograms or more of gamma-butyrolactone (GBL), as
  952  described in s. 893.03(1)(d), or any mixture containing gamma
  953  butyrolactone (GBL), and who knows that the probable result of
  954  such manufacture or importation would be the death of any person
  955  commits capital manufacture or importation of gamma
  956  butyrolactone (GBL), a capital felony punishable as provided in
  957  s. 775.082 ss. 775.082 and 921.142. Any person sentenced for a
  958  capital felony under this paragraph shall also be sentenced to
  959  pay the maximum fine provided under subparagraph 1.
  960         (j)1. Any person who knowingly sells, purchases,
  961  manufactures, delivers, or brings into this state, or who is
  962  knowingly in actual or constructive possession of, 1 kilogram or
  963  more of 1,4-Butanediol as described in s. 893.03(1)(d), or of
  964  any mixture containing 1,4-Butanediol, commits a felony of the
  965  first degree, which felony shall be known as “trafficking in
  966  1,4-Butanediol,” punishable as provided in s. 775.082, s.
  967  775.083, or s. 775.084. If the quantity involved:
  968         a. Is 1 kilogram or more, but less than 5 kilograms, such
  969  person shall be sentenced to a mandatory minimum term of
  970  imprisonment of 3 years, and the defendant shall be ordered to
  971  pay a fine of $50,000.
  972         b. Is 5 kilograms or more, but less than 10 kilograms, such
  973  person shall be sentenced to a mandatory minimum term of
  974  imprisonment of 7 years, and the defendant shall be ordered to
  975  pay a fine of $100,000.
  976         c. Is 10 kilograms or more, such person shall be sentenced
  977  to a mandatory minimum term of imprisonment of 15 calendar years
  978  and pay a fine of $500,000.
  979         2. Any person who knowingly manufactures or brings into
  980  this state 150 kilograms or more of 1,4-Butanediol as described
  981  in s. 893.03(1)(d), or any mixture containing 1,4-Butanediol,
  982  and who knows that the probable result of such manufacture or
  983  importation would be the death of any person commits capital
  984  manufacture or importation of 1,4-Butanediol, a capital felony
  985  punishable as provided in s. 775.082 ss. 775.082 and 921.142.
  986  Any person sentenced for a capital felony under this paragraph
  987  shall also be sentenced to pay the maximum fine provided under
  988  subparagraph 1.
  989         (k)1. A person who knowingly sells, purchases,
  990  manufactures, delivers, or brings into this state, or who is
  991  knowingly in actual or constructive possession of, 10 grams or
  992  more of a:
  993         a. Substance described in s. 893.03(1)(c)4., 5., 10., 11.,
  994  15., 17., 21.-27., 29., 39., 40.-45., 58., 72.-80., 81.-86.,
  995  90.-102., 104.-108., 110.-113., 143.-145., 148.-150., 160.-163.,
  996  165., or 187.-189., a substituted cathinone, as described in s.
  997  893.03(1)(c)191., or substituted phenethylamine, as described in
  998  s. 893.03(1)(c)192.;
  999         b. Mixture containing any substance described in sub
 1000  subparagraph a.; or
 1001         c. Salt, isomer, ester, or ether or salt of an isomer,
 1002  ester, or ether of a substance described in sub-subparagraph a.,
 1003  
 1004  commits a felony of the first degree, which felony shall be
 1005  known as “trafficking in phenethylamines,” punishable as
 1006  provided in s. 775.082, s. 775.083, or s. 775.084.
 1007         2. If the quantity involved under subparagraph 1.:
 1008         a. Is 10 grams or more, but less than 200 grams, such
 1009  person shall be sentenced to a mandatory minimum term of
 1010  imprisonment of 3 years and shall be ordered to pay a fine of
 1011  $50,000.
 1012         b. Is 200 grams or more, but less than 400 grams, such
 1013  person shall be sentenced to a mandatory minimum term of
 1014  imprisonment of 7 years and shall be ordered to pay a fine of
 1015  $100,000.
 1016         c. Is 400 grams or more, such person shall be sentenced to
 1017  a mandatory minimum term of imprisonment of 15 years and shall
 1018  be ordered to pay a fine of $250,000.
 1019         3. A person who knowingly manufactures or brings into this
 1020  state 30 kilograms or more of a substance described in sub
 1021  subparagraph 1.a., a mixture described in sub-subparagraph 1.b.,
 1022  or a salt, isomer, ester, or ether or a salt of an isomer,
 1023  ester, or ether described in sub-subparagraph 1.c., and who
 1024  knows that the probable result of such manufacture or
 1025  importation would be the death of any person commits capital
 1026  manufacture or importation of phenethylamines, a capital felony
 1027  punishable as provided in s. 775.082 ss. 775.082 and 921.142. A
 1028  person sentenced for a capital felony under this paragraph shall
 1029  also be sentenced to pay the maximum fine under subparagraph 2.
 1030         (l)1. Any person who knowingly sells, purchases,
 1031  manufactures, delivers, or brings into this state, or who is
 1032  knowingly in actual or constructive possession of, 1 gram or
 1033  more of lysergic acid diethylamide (LSD) as described in s.
 1034  893.03(1)(c), or of any mixture containing lysergic acid
 1035  diethylamide (LSD), commits a felony of the first degree, which
 1036  felony shall be known as “trafficking in lysergic acid
 1037  diethylamide (LSD),” punishable as provided in s. 775.082, s.
 1038  775.083, or s. 775.084. If the quantity involved:
 1039         a. Is 1 gram or more, but less than 5 grams, such person
 1040  shall be sentenced to a mandatory minimum term of imprisonment
 1041  of 3 years, and the defendant shall be ordered to pay a fine of
 1042  $50,000.
 1043         b. Is 5 grams or more, but less than 7 grams, such person
 1044  shall be sentenced to a mandatory minimum term of imprisonment
 1045  of 7 years, and the defendant shall be ordered to pay a fine of
 1046  $100,000.
 1047         c. Is 7 grams or more, such person shall be sentenced to a
 1048  mandatory minimum term of imprisonment of 15 calendar years and
 1049  pay a fine of $500,000.
 1050         2. Any person who knowingly manufactures or brings into
 1051  this state 7 grams or more of lysergic acid diethylamide (LSD)
 1052  as described in s. 893.03(1)(c), or any mixture containing
 1053  lysergic acid diethylamide (LSD), and who knows that the
 1054  probable result of such manufacture or importation would be the
 1055  death of any person commits capital manufacture or importation
 1056  of lysergic acid diethylamide (LSD), a capital felony punishable
 1057  as provided in s. 775.082 ss. 775.082 and 921.142. Any person
 1058  sentenced for a capital felony under this paragraph shall also
 1059  be sentenced to pay the maximum fine provided under subparagraph
 1060  1.
 1061         (n)1. A person who knowingly sells, purchases,
 1062  manufactures, delivers, or brings into this state, or who is
 1063  knowingly in actual or constructive possession of, 14 grams or
 1064  more of:
 1065         a. A substance described in s. 893.03(1)(c)164., 174., or
 1066  175., a n-benzyl phenethylamine compound, as described in s.
 1067  893.03(1)(c)193.; or
 1068         b. A mixture containing any substance described in sub
 1069  subparagraph a.,
 1070  
 1071  commits a felony of the first degree, which felony shall be
 1072  known as “trafficking in n-benzyl phenethylamines,” punishable
 1073  as provided in s. 775.082, s. 775.083, or s. 775.084.
 1074         2. If the quantity involved under subparagraph 1.:
 1075         a. Is 14 grams or more, but less than 100 grams, such
 1076  person shall be sentenced to a mandatory minimum term of
 1077  imprisonment of 3 years, and the defendant shall be ordered to
 1078  pay a fine of $50,000.
 1079         b. Is 100 grams or more, but less than 200 grams, such
 1080  person shall be sentenced to a mandatory minimum term of
 1081  imprisonment of 7 years, and the defendant shall be ordered to
 1082  pay a fine of $100,000.
 1083         c. Is 200 grams or more, such person shall be sentenced to
 1084  a mandatory minimum term of imprisonment of 15 years, and the
 1085  defendant shall be ordered to pay a fine of $500,000.
 1086         3. A person who knowingly manufactures or brings into this
 1087  state 400 grams or more of a substance described in sub
 1088  subparagraph 1.a. or a mixture described in sub-subparagraph
 1089  1.b., and who knows that the probable result of such manufacture
 1090  or importation would be the death of any person commits capital
 1091  manufacture or importation of a n-benzyl phenethylamine
 1092  compound, a capital felony punishable as provided in s. 775.082
 1093  ss. 775.082 and 921.142. A person sentenced for a capital felony
 1094  under this paragraph shall also be sentenced to pay the maximum
 1095  fine under subparagraph 2.
 1096         Section 28. Paragraph (e) of subsection (4) of section
 1097  944.275, Florida Statutes, is amended to read:
 1098         944.275 Gain-time.—
 1099         (4)
 1100         (e) Notwithstanding subparagraph (b)3., for sentences
 1101  imposed for offenses committed on or after October 1, 2014, the
 1102  department may not grant incentive gain-time if the offense is a
 1103  violation of s. 782.04(1)(b)3. s. 782.04(1)(a)2.c.; s.
 1104  787.01(3)(a)2. or 3.; s. 787.02(3)(a)2. or 3.; s. 794.011,
 1105  excluding s. 794.011(10); s. 800.04; s. 825.1025; or s.
 1106  847.0135(5).
 1107         Section 29. Paragraph (a) of subsection (5) of section
 1108  948.012, Florida Statutes, is amended to read:
 1109         948.012 Split sentence of probation or community control
 1110  and imprisonment.—
 1111         (5)(a) Effective for offenses committed on or after October
 1112  1, 2014, if the court imposes a term of years in accordance with
 1113  s. 775.082 which is less than the maximum sentence for the
 1114  offense, the court must impose a split sentence pursuant to
 1115  subsection (1) for any person who is convicted of a violation
 1116  of:
 1117         1. Section 782.04(1)(b)3. 782.04(1)(a)2.c.;
 1118         2. Section 787.01(3)(a)2. or 3.;
 1119         3. Section 787.02(3)(a)2. or 3.;
 1120         4. Section 794.011, excluding s. 794.011(10);
 1121         5. Section 800.04;
 1122         6. Section 825.1025; or
 1123         7. Section 847.0135(5).
 1124         Section 30. Sections 922.052, 922.06, 922.07, 922.08,
 1125  922.095, 922.10, 922.105, 922.108, 922.11, 922.111, 922.12,
 1126  922.14, 922.15, 924.055, 924.056, and 924.057, Florida Statutes,
 1127  are repealed.
 1128         Section 31. Subsection (4) of section 925.11, Florida
 1129  Statutes, is amended to read:
 1130         925.11 Postsentencing DNA testing.—
 1131         (4) PRESERVATION OF EVIDENCE.—
 1132         (a) Governmental entities that may be in possession of any
 1133  physical evidence in the case, including, but not limited to,
 1134  any investigating law enforcement agency, the clerk of the
 1135  court, the prosecuting authority, or the Department of Law
 1136  Enforcement shall maintain any physical evidence collected at
 1137  the time of the crime for which a postsentencing testing of DNA
 1138  may be requested.
 1139         (b)In a case in which the death penalty is imposed, the
 1140  evidence shall be maintained for 60 days after execution of the
 1141  sentence. In all other cases, a governmental entity may dispose
 1142  of the physical evidence if the term of the sentence imposed in
 1143  the case has expired and no other provision of law or rule
 1144  requires that the physical evidence be preserved or retained.
 1145         Section 32. Paragraphs (g), (h), and (i) of subsection (1)
 1146  and subsection (2) of section 945.10, Florida Statutes, are
 1147  amended to read:
 1148         945.10 Confidential information.—
 1149         (1) Except as otherwise provided by law or in this section,
 1150  the following records and information held by the Department of
 1151  Corrections are confidential and exempt from the provisions of
 1152  s. 119.07(1) and s. 24(a), Art. I of the State Constitution:
 1153         (g)Information which identifies an executioner, or any
 1154  person prescribing, preparing, compounding, dispensing, or
 1155  administering a lethal injection.
 1156         (g)(h) The identity of any inmate or offender upon whom an
 1157  HIV test has been performed and the inmate’s or offender’s test
 1158  results, in accordance with s. 381.004. The term “HIV test” has
 1159  the same meaning as provided in s. 381.004. This paragraph is
 1160  subject to the Open Government Sunset Review Act of 1995 in
 1161  accordance with s. 119.15 and shall stand repealed on October 2,
 1162  2022, unless reviewed and saved from repeal through reenactment
 1163  by the Legislature.
 1164         (h)(i) Records that are otherwise confidential or exempt
 1165  from public disclosure by law.
 1166         (2) The records and information specified in paragraphs
 1167  (1)(a)-(h) (1)(a)-(i) may be released as follows unless
 1168  expressly prohibited by federal law:
 1169         (a) Information specified in paragraphs (1)(b), (d), and
 1170  (f) to the Executive Office of the Governor, the Legislature,
 1171  the Florida Commission on Offender Review, the Department of
 1172  Children and Families, a private correctional facility or
 1173  program that operates under a contract, the Department of Legal
 1174  Affairs, a state attorney, the court, or a law enforcement
 1175  agency. A request for records or information pursuant to this
 1176  paragraph need not be in writing.
 1177         (b) Information specified in paragraphs (1)(c), (e), and
 1178  (h) (i) to the Executive Office of the Governor, the
 1179  Legislature, the Florida Commission on Offender Review, the
 1180  Department of Children and Families, a private correctional
 1181  facility or program that operates under contract, the Department
 1182  of Legal Affairs, a state attorney, the court, or a law
 1183  enforcement agency. A request for records or information
 1184  pursuant to this paragraph must be in writing and a statement
 1185  provided demonstrating a need for the records or information.
 1186         (c) Information specified in paragraph (1)(b) to an
 1187  attorney representing an inmate under sentence of death, except
 1188  those portions of the records containing a victim’s statement or
 1189  address, or the statement or address of a relative of the
 1190  victim. A request for records of information pursuant to this
 1191  paragraph must be in writing and a statement provided
 1192  demonstrating a need for the records or information.
 1193         (d) Information specified in paragraph (1)(b) to a public
 1194  defender representing a defendant, except those portions of the
 1195  records containing a victim’s statement or address, or the
 1196  statement or address of a relative of the victim. A request for
 1197  records or information pursuant to this paragraph need not be in
 1198  writing.
 1199         (e) Information specified in paragraph (1)(b) to state or
 1200  local governmental agencies. A request for records or
 1201  information pursuant to this paragraph must be in writing and a
 1202  statement provided demonstrating a need for the records or
 1203  information.
 1204         (f) Information specified in paragraph (1)(b) to a person
 1205  conducting legitimate research. A request for records and
 1206  information pursuant to this paragraph must be in writing, the
 1207  person requesting the records or information must sign a
 1208  confidentiality agreement, and the department must approve the
 1209  request in writing.
 1210         (g) Protected health information and records specified in
 1211  paragraphs (1)(a) and (g) (h) to the Department of Health and
 1212  the county health department where an inmate plans to reside if
 1213  he or she has tested positive for the presence of the antibody
 1214  or antigen to human immunodeficiency virus infection or as
 1215  authorized in s. 381.004.
 1216         (h) Protected health information and mental health,
 1217  medical, or substance abuse records specified in paragraph
 1218  (1)(a) to the Executive Office of the Governor, the Correctional
 1219  Medical Authority, and the Department of Health for health care
 1220  oversight activities authorized by state or federal law,
 1221  including audits; civil, administrative, or criminal
 1222  investigations; or inspections relating to the provision of
 1223  health services, in accordance with 45 C.F.R. part 164, subpart
 1224  E.
 1225         (i) Protected health information and mental health,
 1226  medical, or substance abuse records specified in paragraph
 1227  (1)(a) to a state attorney, a state court, or a law enforcement
 1228  agency conducting an ongoing criminal investigation, if the
 1229  inmate agrees to the disclosure and provides written consent or,
 1230  if the inmate refuses to provide written consent, in response to
 1231  an order of a court of competent jurisdiction, a subpoena,
 1232  including a grand jury, investigative, or administrative
 1233  subpoena, a court-ordered warrant, or a statutorily authorized
 1234  investigative demand or other process as authorized by law, in
 1235  accordance with 45 C.F.R. part 164, subpart E, provided that:
 1236         1. The protected health information and records sought are
 1237  relevant and material to a legitimate law enforcement inquiry;
 1238         2. There is a clear connection between the investigated
 1239  incident and the inmate whose protected health information and
 1240  records are sought;
 1241         3. The request is specific and limited in scope to the
 1242  extent reasonably practicable in light of the purpose for which
 1243  the information or records are sought; and
 1244         4. Deidentified information could not reasonably be used.
 1245         (j) Protected health information and mental health,
 1246  medical, or substance abuse records specified in paragraph
 1247  (1)(a) of an inmate who is or is suspected of being the victim
 1248  of a crime, to a state attorney or a law enforcement agency if
 1249  the inmate agrees to the disclosure and provides written consent
 1250  or if the inmate is unable to agree because of incapacity or
 1251  other emergency circumstance, in accordance with 45 C.F.R. part
 1252  164, subpart E, provided that:
 1253         1. Such protected health information and records are needed
 1254  to determine whether a violation of law by a person other than
 1255  the inmate victim has occurred;
 1256         2. Such protected health information or records are not
 1257  intended to be used against the inmate victim;
 1258         3. The immediate law enforcement activity that depends upon
 1259  the disclosure would be materially and adversely affected by
 1260  waiting until the inmate victim is able to agree to the
 1261  disclosure; and
 1262         4. The disclosure is in the best interests of the inmate
 1263  victim, as determined by the department.
 1264         (k) Protected health information and mental health,
 1265  medical, or substance abuse records specified in paragraph
 1266  (1)(a) to a state attorney or a law enforcement agency if the
 1267  department believes in good faith that the information and
 1268  records constitute evidence of criminal conduct that occurred in
 1269  a correctional institution or facility, in accordance with 45
 1270  C.F.R. part 164, subpart E, provided that:
 1271         1. The protected health information and records disclosed
 1272  are specific and limited in scope to the extent reasonably
 1273  practicable in light of the purpose for which the information or
 1274  records are sought;
 1275         2. There is a clear connection between the criminal conduct
 1276  and the inmate whose protected health information and records
 1277  are sought; and
 1278         3. Deidentified information could not reasonably be used.
 1279         (l) Protected health information and mental health,
 1280  medical, or substance abuse records specified in paragraph
 1281  (1)(a) to the Division of Risk Management of the Department of
 1282  Financial Services, in accordance with 45 C.F.R. part 164,
 1283  subpart E, upon certification by the Division of Risk Management
 1284  that such information and records are necessary to investigate
 1285  and provide legal representation for a claim against the
 1286  Department of Corrections.
 1287         (m) Protected health information and mental health,
 1288  medical, or substance abuse records specified in paragraph
 1289  (1)(a) of an inmate who is bringing a legal action against the
 1290  department, to the Department of Legal Affairs or to an attorney
 1291  retained to represent the department in a legal proceeding, in
 1292  accordance with 45 C.F.R. part 164, subpart E.
 1293         (n) Protected health information and mental health,
 1294  medical, or substance abuse records of an inmate as specified in
 1295  paragraph (1)(a) to another correctional institution or facility
 1296  or law enforcement official having lawful custody of the inmate,
 1297  in accordance with 45 C.F.R. part 164, subpart E, if the
 1298  protected health information or records are necessary for:
 1299         1. The provision of health care to the inmate;
 1300         2. The health and safety of the inmate or other inmates;
 1301         3. The health and safety of the officers, employees, or
 1302  others at the correctional institution or facility;
 1303         4. The health and safety of the individuals or officers
 1304  responsible for transporting the inmate from one correctional
 1305  institution, facility, or setting to another;
 1306         5. Law enforcement on the premises of the correctional
 1307  institution or facility; or
 1308         6. The administration and maintenance of the safety,
 1309  security, and good order of the correctional institution or
 1310  facility.
 1311         (o) Protected health information and mental health,
 1312  medical, or substance abuse records of an inmate as specified in
 1313  paragraph (1)(a) to the Department of Children and Families and
 1314  the Florida Commission on Offender Review, in accordance with 45
 1315  C.F.R. part 164, subpart E, if the inmate received mental health
 1316  treatment while in the custody of the Department of Corrections
 1317  and becomes eligible for release under supervision or upon the
 1318  end of his or her sentence.
 1319         (p) Notwithstanding s. 456.057 and in accordance with 45
 1320  C.F.R. part 164, subpart E, protected health information and
 1321  mental health, medical, or substance abuse records specified in
 1322  paragraph (1)(a) of a deceased inmate or offender to an
 1323  individual with authority to act on behalf of the deceased
 1324  inmate or offender, upon the individual’s request. For purposes
 1325  of this section, the following individuals have authority to act
 1326  on behalf of a deceased inmate or offender only for the purpose
 1327  of requesting access to such protected health information and
 1328  records:
 1329         1. A person appointed by a court to act as the personal
 1330  representative, executor, administrator, curator, or temporary
 1331  administrator of the deceased inmate’s or offender’s estate;
 1332         2. If a court has not made a judicial appointment under
 1333  subparagraph 1., a person designated by the inmate or offender
 1334  to act as his or her personal representative in a last will that
 1335  is self-proved under s. 732.503; or
 1336         3. If a court has not made a judicial appointment under
 1337  subparagraph 1. or if the inmate or offender has not designated
 1338  a person in a self-proved last will as provided in subparagraph
 1339  2., only the following individuals:
 1340         a. A surviving spouse.
 1341         b. If there is no surviving spouse, a surviving adult child
 1342  of the inmate or offender.
 1343         c. If there is no surviving spouse or adult child, a parent
 1344  of the inmate or offender.
 1345         (q) All requests for access to a deceased inmate’s or
 1346  offender’s protected health information or mental health,
 1347  medical, or substance abuse records specified in paragraph
 1348  (1)(a) must be in writing and must be accompanied by the
 1349  following:
 1350         1. If made by a person authorized under subparagraph (p)1.,
 1351  a copy of the letter of administration and a copy of the court
 1352  order appointing such person as the representative of the
 1353  inmate’s or offender’s estate.
 1354         2. If made by a person authorized under subparagraph (p)2.,
 1355  a copy of the self-proved last will designating the person as
 1356  the inmate’s or offender’s representative.
 1357         3. If made by a person authorized under subparagraph (p)3.,
 1358  a letter from the person’s attorney verifying the person’s
 1359  relationship to the inmate or offender and the absence of a
 1360  court-appointed representative and self-proved last will.
 1361  
 1362  Records and information released under this subsection remain
 1363  confidential and exempt from the provisions of s. 119.07(1) and
 1364  s. 24(a), Art. I of the State Constitution when held by the
 1365  receiving person or entity.
 1366         Section 33. This act shall take effect upon becoming a law.