Bill Text: FL S0602 | 2018 | Regular Session | Comm Sub


Bill Title: Mandatory Minimum Sentences

Spectrum: Bipartisan Bill

Status: (Introduced) 2018-01-09 - CS by Criminal Justice read 1st time [S0602 Detail]

Download: Florida-2018-S0602-Comm_Sub.html
       Florida Senate - 2018                              CS for SB 602
       
       
        
       By the Committee on Criminal Justice; and Senator Bracy
       
       
       
       
       
       591-01781-18                                           2018602c1
    1                        A bill to be entitled                      
    2         An act relating to mandatory minimum sentences;
    3         amending s. 893.135, F.S.; authorizing a court to
    4         depart from mandatory minimum terms of imprisonment
    5         for certain drug trafficking offenses if it makes
    6         specified findings; providing an effective date.
    7          
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Paragraphs (a), (b), and (d) through (n) of
   11  subsection (1) of section 893.135, Florida Statutes, are amended
   12  and subsection (8) is added to that section, to read:
   13         893.135 Trafficking; mandatory sentences; suspension or
   14  reduction of sentences; conspiracy to engage in trafficking.—
   15         (1) Except as authorized in this chapter or in chapter 499
   16  and notwithstanding the provisions of s. 893.13:
   17         (a) Any person who knowingly sells, purchases,
   18  manufactures, delivers, or brings into this state, or who is
   19  knowingly in actual or constructive possession of, in excess of
   20  25 pounds of cannabis, or 300 or more cannabis plants, commits a
   21  felony of the first degree, which felony shall be known as
   22  “trafficking in cannabis,” punishable as provided in s. 775.082,
   23  s. 775.083, or s. 775.084. If the quantity of cannabis involved:
   24         1. Is in excess of 25 pounds, but less than 2,000 pounds,
   25  or is 300 or more cannabis plants, but not more than 2,000
   26  cannabis plants, such person shall be sentenced to a mandatory
   27  minimum term of imprisonment of 3 years, and the defendant shall
   28  be ordered to pay a fine of $25,000. However, the court may
   29  depart from the mandatory minimum term of imprisonment if it
   30  makes written findings as provided in subsection (8).
   31         2. Is 2,000 pounds or more, but less than 10,000 pounds, or
   32  is 2,000 or more cannabis plants, but not more than 10,000
   33  cannabis plants, such person shall be sentenced to a mandatory
   34  minimum term of imprisonment of 7 years, and the defendant shall
   35  be ordered to pay a fine of $50,000.
   36         3. Is 10,000 pounds or more, or is 10,000 or more cannabis
   37  plants, such person shall be sentenced to a mandatory minimum
   38  term of imprisonment of 15 calendar years and pay a fine of
   39  $200,000.
   40  
   41  For the purpose of this paragraph, a plant, including, but not
   42  limited to, a seedling or cutting, is a “cannabis plant” if it
   43  has some readily observable evidence of root formation, such as
   44  root hairs. To determine if a piece or part of a cannabis plant
   45  severed from the cannabis plant is itself a cannabis plant, the
   46  severed piece or part must have some readily observable evidence
   47  of root formation, such as root hairs. Callous tissue is not
   48  readily observable evidence of root formation. The viability and
   49  sex of a plant and the fact that the plant may or may not be a
   50  dead harvested plant are not relevant in determining if the
   51  plant is a “cannabis plant” or in the charging of an offense
   52  under this paragraph. Upon conviction, the court shall impose
   53  the longest term of imprisonment provided for in this paragraph.
   54         (b)1. Any person who knowingly sells, purchases,
   55  manufactures, delivers, or brings into this state, or who is
   56  knowingly in actual or constructive possession of, 28 grams or
   57  more of cocaine, as described in s. 893.03(2)(a)4., or of any
   58  mixture containing cocaine, but less than 150 kilograms of
   59  cocaine or any such mixture, commits a felony of the first
   60  degree, which felony shall be known as “trafficking in cocaine,”
   61  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   62  If the quantity involved:
   63         a. Is 28 grams or more, but less than 200 grams, such
   64  person shall be sentenced to a mandatory minimum term of
   65  imprisonment of 3 years, and the defendant shall be ordered to
   66  pay a fine of $50,000. However, the court may depart from the
   67  mandatory minimum term of imprisonment if it makes written
   68  findings as provided in subsection (8).
   69         b. Is 200 grams or more, but less than 400 grams, such
   70  person shall be sentenced to a mandatory minimum term of
   71  imprisonment of 7 years, and the defendant shall be ordered to
   72  pay a fine of $100,000.
   73         c. Is 400 grams or more, but less than 150 kilograms, such
   74  person shall be sentenced to a mandatory minimum term of
   75  imprisonment of 15 calendar years and pay a fine of $250,000.
   76         2. Any person who knowingly sells, purchases, manufactures,
   77  delivers, or brings into this state, or who is knowingly in
   78  actual or constructive possession of, 150 kilograms or more of
   79  cocaine, as described in s. 893.03(2)(a)4., commits the first
   80  degree felony of trafficking in cocaine. A person who has been
   81  convicted of the first degree felony of trafficking in cocaine
   82  under this subparagraph shall be punished by life imprisonment
   83  and is ineligible for any form of discretionary early release
   84  except pardon or executive clemency or conditional medical
   85  release under s. 947.149. However, if the court determines that,
   86  in addition to committing any act specified in this paragraph:
   87         a. The person intentionally killed an individual or
   88  counseled, commanded, induced, procured, or caused the
   89  intentional killing of an individual and such killing was the
   90  result; or
   91         b. The person’s conduct in committing that act led to a
   92  natural, though not inevitable, lethal result,
   93  
   94  such person commits the capital felony of trafficking in
   95  cocaine, punishable as provided in ss. 775.082 and 921.142. Any
   96  person sentenced for a capital felony under this paragraph shall
   97  also be sentenced to pay the maximum fine provided under
   98  subparagraph 1.
   99         3. Any person who knowingly brings into this state 300
  100  kilograms or more of cocaine, as described in s. 893.03(2)(a)4.,
  101  and who knows that the probable result of such importation would
  102  be the death of any person, commits capital importation of
  103  cocaine, a capital felony punishable as provided in ss. 775.082
  104  and 921.142. Any person sentenced for a capital felony under
  105  this paragraph shall also be sentenced to pay the maximum fine
  106  provided under subparagraph 1.
  107         (d)1. Any person who knowingly sells, purchases,
  108  manufactures, delivers, or brings into this state, or who is
  109  knowingly in actual or constructive possession of, 28 grams or
  110  more of phencyclidine, as described in s. 893.03(2)(b)23., a
  111  substituted phenylcyclohexylamine, as described in s.
  112  893.03(1)(c)195., or a substance described in s.
  113  893.03(1)(c)13., 32., 38., 103., or 146., or of any mixture
  114  containing phencyclidine, as described in s. 893.03(2)(b)23., a
  115  substituted phenylcyclohexylamine, as described in s.
  116  893.03(1)(c)195., or a substance described in s.
  117  893.03(1)(c)13., 32., 38., 103., or 146., commits a felony of
  118  the first degree, which felony shall be known as “trafficking in
  119  phencyclidine,” punishable as provided in s. 775.082, s.
  120  775.083, or s. 775.084. If the quantity involved:
  121         a. Is 28 grams or more, but less than 200 grams, such
  122  person shall be sentenced to a mandatory minimum term of
  123  imprisonment of 3 years, and the defendant shall be ordered to
  124  pay a fine of $50,000. However, the court may depart from the
  125  mandatory minimum term of imprisonment if it makes written
  126  findings as provided in subsection (8).
  127         b. Is 200 grams or more, but less than 400 grams, such
  128  person shall be sentenced to a mandatory minimum term of
  129  imprisonment of 7 years, and the defendant shall be ordered to
  130  pay a fine of $100,000.
  131         c. Is 400 grams or more, such person shall be sentenced to
  132  a mandatory minimum term of imprisonment of 15 calendar years
  133  and pay a fine of $250,000.
  134         2. Any person who knowingly brings into this state 800
  135  grams or more of phencyclidine, as described in s.
  136  893.03(2)(b)23., a substituted phenylcyclohexylamine, as
  137  described in s. 893.03(1)(c)195., or a substance described in s.
  138  893.03(1)(c)13., 32., 38., 103., or 146., or of any mixture
  139  containing phencyclidine, as described in s. 893.03(2)(b)23., a
  140  substituted phenylcyclohexylamine, as described in s.
  141  893.03(1)(c)195., or a substance described in s.
  142  893.03(1)(c)13., 32., 38., 103., or 146., and who knows that the
  143  probable result of such importation would be the death of any
  144  person commits capital importation of phencyclidine, a capital
  145  felony punishable as provided in ss. 775.082 and 921.142. Any
  146  person sentenced for a capital felony under this paragraph shall
  147  also be sentenced to pay the maximum fine provided under
  148  subparagraph 1.
  149         (e)1. Any person who knowingly sells, purchases,
  150  manufactures, delivers, or brings into this state, or who is
  151  knowingly in actual or constructive possession of, 200 grams or
  152  more of methaqualone or of any mixture containing methaqualone,
  153  as described in s. 893.03(1)(d), commits a felony of the first
  154  degree, which felony shall be known as “trafficking in
  155  methaqualone,” punishable as provided in s. 775.082, s. 775.083,
  156  or s. 775.084. If the quantity involved:
  157         a. Is 200 grams or more, but less than 5 kilograms, such
  158  person shall be sentenced to a mandatory minimum term of
  159  imprisonment of 3 years, and the defendant shall be ordered to
  160  pay a fine of $50,000. However, the court may depart from the
  161  mandatory minimum term of imprisonment if it makes written
  162  findings as provided in subsection (8).
  163         b. Is 5 kilograms or more, but less than 25 kilograms, such
  164  person shall be sentenced to a mandatory minimum term of
  165  imprisonment of 7 years, and the defendant shall be ordered to
  166  pay a fine of $100,000.
  167         c. Is 25 kilograms or more, such person shall be sentenced
  168  to a mandatory minimum term of imprisonment of 15 calendar years
  169  and pay a fine of $250,000.
  170         2. Any person who knowingly brings into this state 50
  171  kilograms or more of methaqualone or of any mixture containing
  172  methaqualone, as described in s. 893.03(1)(d), and who knows
  173  that the probable result of such importation would be the death
  174  of any person commits capital importation of methaqualone, a
  175  capital felony punishable as provided in ss. 775.082 and
  176  921.142. Any person sentenced for a capital felony under this
  177  paragraph shall also be sentenced to pay the maximum fine
  178  provided under subparagraph 1.
  179         (f)1. Any person who knowingly sells, purchases,
  180  manufactures, delivers, or brings into this state, or who is
  181  knowingly in actual or constructive possession of, 14 grams or
  182  more of amphetamine, as described in s. 893.03(2)(c)2., or
  183  methamphetamine, as described in s. 893.03(2)(c)4., or of any
  184  mixture containing amphetamine or methamphetamine, or
  185  phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine
  186  in conjunction with other chemicals and equipment utilized in
  187  the manufacture of amphetamine or methamphetamine, commits a
  188  felony of the first degree, which felony shall be known as
  189  “trafficking in amphetamine,” punishable as provided in s.
  190  775.082, s. 775.083, or s. 775.084. If the quantity involved:
  191         a. Is 14 grams or more, but less than 28 grams, such person
  192  shall be sentenced to a mandatory minimum term of imprisonment
  193  of 3 years, and the defendant shall be ordered to pay a fine of
  194  $50,000. However, the court may depart from the mandatory
  195  minimum term of imprisonment if it makes written findings as
  196  provided in subsection (8).
  197         b. Is 28 grams or more, but less than 200 grams, such
  198  person shall be sentenced to a mandatory minimum term of
  199  imprisonment of 7 years, and the defendant shall be ordered to
  200  pay a fine of $100,000.
  201         c. Is 200 grams or more, such person shall be sentenced to
  202  a mandatory minimum term of imprisonment of 15 calendar years
  203  and pay a fine of $250,000.
  204         2. Any person who knowingly manufactures or brings into
  205  this state 400 grams or more of amphetamine, as described in s.
  206  893.03(2)(c)2., or methamphetamine, as described in s.
  207  893.03(2)(c)4., or of any mixture containing amphetamine or
  208  methamphetamine, or phenylacetone, phenylacetic acid,
  209  pseudoephedrine, or ephedrine in conjunction with other
  210  chemicals and equipment used in the manufacture of amphetamine
  211  or methamphetamine, and who knows that the probable result of
  212  such manufacture or importation would be the death of any person
  213  commits capital manufacture or importation of amphetamine, a
  214  capital felony punishable as provided in ss. 775.082 and
  215  921.142. Any person sentenced for a capital felony under this
  216  paragraph shall also be sentenced to pay the maximum fine
  217  provided under subparagraph 1.
  218         (g)1. Any person who knowingly sells, purchases,
  219  manufactures, delivers, or brings into this state, or who is
  220  knowingly in actual or constructive possession of, 4 grams or
  221  more of flunitrazepam or any mixture containing flunitrazepam as
  222  described in s. 893.03(1)(a) commits a felony of the first
  223  degree, which felony shall be known as “trafficking in
  224  flunitrazepam,” punishable as provided in s. 775.082, s.
  225  775.083, or s. 775.084. If the quantity involved:
  226         a. Is 4 grams or more but less than 14 grams, such person
  227  shall be sentenced to a mandatory minimum term of imprisonment
  228  of 3 years, and the defendant shall be ordered to pay a fine of
  229  $50,000. However, the court may depart from the mandatory
  230  minimum term of imprisonment if it makes written findings as
  231  provided in subsection (8).
  232         b. Is 14 grams or more but less than 28 grams, such person
  233  shall be sentenced to a mandatory minimum term of imprisonment
  234  of 7 years, and the defendant shall be ordered to pay a fine of
  235  $100,000.
  236         c. Is 28 grams or more but less than 30 kilograms, such
  237  person shall be sentenced to a mandatory minimum term of
  238  imprisonment of 25 calendar years and pay a fine of $500,000.
  239         2. Any person who knowingly sells, purchases, manufactures,
  240  delivers, or brings into this state or who is knowingly in
  241  actual or constructive possession of 30 kilograms or more of
  242  flunitrazepam or any mixture containing flunitrazepam as
  243  described in s. 893.03(1)(a) commits the first degree felony of
  244  trafficking in flunitrazepam. A person who has been convicted of
  245  the first degree felony of trafficking in flunitrazepam under
  246  this subparagraph shall be punished by life imprisonment and is
  247  ineligible for any form of discretionary early release except
  248  pardon or executive clemency or conditional medical release
  249  under s. 947.149. However, if the court determines that, in
  250  addition to committing any act specified in this paragraph:
  251         a. The person intentionally killed an individual or
  252  counseled, commanded, induced, procured, or caused the
  253  intentional killing of an individual and such killing was the
  254  result; or
  255         b. The person’s conduct in committing that act led to a
  256  natural, though not inevitable, lethal result,
  257  
  258  such person commits the capital felony of trafficking in
  259  flunitrazepam, punishable as provided in ss. 775.082 and
  260  921.142. Any person sentenced for a capital felony under this
  261  paragraph shall also be sentenced to pay the maximum fine
  262  provided under subparagraph 1.
  263         (h)1. Any person who knowingly sells, purchases,
  264  manufactures, delivers, or brings into this state, or who is
  265  knowingly in actual or constructive possession of, 1 kilogram or
  266  more of gamma-hydroxybutyric acid (GHB), as described in s.
  267  893.03(1)(d), or any mixture containing gamma-hydroxybutyric
  268  acid (GHB), commits a felony of the first degree, which felony
  269  shall be known as “trafficking in gamma-hydroxybutyric acid
  270  (GHB),” punishable as provided in s. 775.082, s. 775.083, or s.
  271  775.084. If the quantity involved:
  272         a. Is 1 kilogram or more but less than 5 kilograms, such
  273  person shall be sentenced to a mandatory minimum term of
  274  imprisonment of 3 years, and the defendant shall be ordered to
  275  pay a fine of $50,000. However, the court may depart from the
  276  mandatory minimum term of imprisonment if it makes written
  277  findings as provided in subsection (8).
  278         b. Is 5 kilograms or more but less than 10 kilograms, such
  279  person shall be sentenced to a mandatory minimum term of
  280  imprisonment of 7 years, and the defendant shall be ordered to
  281  pay a fine of $100,000.
  282         c. Is 10 kilograms or more, such person shall be sentenced
  283  to a mandatory minimum term of imprisonment of 15 calendar years
  284  and pay a fine of $250,000.
  285         2. Any person who knowingly manufactures or brings into
  286  this state 150 kilograms or more of gamma-hydroxybutyric acid
  287  (GHB), as described in s. 893.03(1)(d), or any mixture
  288  containing gamma-hydroxybutyric acid (GHB), and who knows that
  289  the probable result of such manufacture or importation would be
  290  the death of any person commits capital manufacture or
  291  importation of gamma-hydroxybutyric acid (GHB), a capital felony
  292  punishable as provided in ss. 775.082 and 921.142. Any person
  293  sentenced for a capital felony under this paragraph shall also
  294  be sentenced to pay the maximum fine provided under subparagraph
  295  1.
  296         (i)1. Any person who knowingly sells, purchases,
  297  manufactures, delivers, or brings into this state, or who is
  298  knowingly in actual or constructive possession of, 1 kilogram or
  299  more of gamma-butyrolactone (GBL), as described in s.
  300  893.03(1)(d), or any mixture containing gamma-butyrolactone
  301  (GBL), commits a felony of the first degree, which felony shall
  302  be known as “trafficking in gamma-butyrolactone (GBL),”
  303  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  304  If the quantity involved:
  305         a. Is 1 kilogram or more but less than 5 kilograms, such
  306  person shall be sentenced to a mandatory minimum term of
  307  imprisonment of 3 years, and the defendant shall be ordered to
  308  pay a fine of $50,000. However, the court may depart from the
  309  mandatory minimum term of imprisonment if it makes written
  310  findings as provided in subsection (8).
  311         b. Is 5 kilograms or more but less than 10 kilograms, such
  312  person shall be sentenced to a mandatory minimum term of
  313  imprisonment of 7 years, and the defendant shall be ordered to
  314  pay a fine of $100,000.
  315         c. Is 10 kilograms or more, such person shall be sentenced
  316  to a mandatory minimum term of imprisonment of 15 calendar years
  317  and pay a fine of $250,000.
  318         2. Any person who knowingly manufactures or brings into the
  319  state 150 kilograms or more of gamma-butyrolactone (GBL), as
  320  described in s. 893.03(1)(d), or any mixture containing gamma
  321  butyrolactone (GBL), and who knows that the probable result of
  322  such manufacture or importation would be the death of any person
  323  commits capital manufacture or importation of gamma
  324  butyrolactone (GBL), a capital felony punishable as provided in
  325  ss. 775.082 and 921.142. Any person sentenced for a capital
  326  felony under this paragraph shall also be sentenced to pay the
  327  maximum fine provided under subparagraph 1.
  328         (j)1. Any person who knowingly sells, purchases,
  329  manufactures, delivers, or brings into this state, or who is
  330  knowingly in actual or constructive possession of, 1 kilogram or
  331  more of 1,4-Butanediol as described in s. 893.03(1)(d), or of
  332  any mixture containing 1,4-Butanediol, commits a felony of the
  333  first degree, which felony shall be known as “trafficking in
  334  1,4-Butanediol,” punishable as provided in s. 775.082, s.
  335  775.083, or s. 775.084. If the quantity involved:
  336         a. Is 1 kilogram or more, but less than 5 kilograms, such
  337  person shall be sentenced to a mandatory minimum term of
  338  imprisonment of 3 years, and the defendant shall be ordered to
  339  pay a fine of $50,000. However, the court may depart from the
  340  mandatory minimum term of imprisonment if it makes written
  341  findings as provided in subsection (8).
  342         b. Is 5 kilograms or more, but less than 10 kilograms, such
  343  person shall be sentenced to a mandatory minimum term of
  344  imprisonment of 7 years, and the defendant shall be ordered to
  345  pay a fine of $100,000.
  346         c. Is 10 kilograms or more, such person shall be sentenced
  347  to a mandatory minimum term of imprisonment of 15 calendar years
  348  and pay a fine of $500,000.
  349         2. Any person who knowingly manufactures or brings into
  350  this state 150 kilograms or more of 1,4-Butanediol as described
  351  in s. 893.03(1)(d), or any mixture containing 1,4-Butanediol,
  352  and who knows that the probable result of such manufacture or
  353  importation would be the death of any person commits capital
  354  manufacture or importation of 1,4-Butanediol, a capital felony
  355  punishable as provided in ss. 775.082 and 921.142. Any person
  356  sentenced for a capital felony under this paragraph shall also
  357  be sentenced to pay the maximum fine provided under subparagraph
  358  1.
  359         (k)1. A person who knowingly sells, purchases,
  360  manufactures, delivers, or brings into this state, or who is
  361  knowingly in actual or constructive possession of, 10 grams or
  362  more of a:
  363         a. Substance described in s. 893.03(1)(c)4., 5., 10., 11.,
  364  15., 17., 21.-27., 29., 39., 40.-45., 58., 72.-80., 81.-86.,
  365  90.-102., 104.-108., 110.-113., 143.-145., 148.-150., 160.-163.,
  366  165., or 187.-189., a substituted cathinone, as described in s.
  367  893.03(1)(c)191., or substituted phenethylamine, as described in
  368  s. 893.03(1)(c)192.;
  369         b. Mixture containing any substance described in sub
  370  subparagraph a.; or
  371         c. Salt, isomer, ester, or ether or salt of an isomer,
  372  ester, or ether of a substance described in sub-subparagraph a.,
  373  
  374  commits a felony of the first degree, which felony shall be
  375  known as “trafficking in phenethylamines,” punishable as
  376  provided in s. 775.082, s. 775.083, or s. 775.084.
  377         2. If the quantity involved under subparagraph 1.:
  378         a. Is 10 grams or more, but less than 200 grams, such
  379  person shall be sentenced to a mandatory minimum term of
  380  imprisonment of 3 years and shall be ordered to pay a fine of
  381  $50,000. However, the court may depart from the mandatory
  382  minimum term of imprisonment if it makes written findings as
  383  provided in subsection (8).
  384         b. Is 200 grams or more, but less than 400 grams, such
  385  person shall be sentenced to a mandatory minimum term of
  386  imprisonment of 7 years and shall be ordered to pay a fine of
  387  $100,000.
  388         c. Is 400 grams or more, such person shall be sentenced to
  389  a mandatory minimum term of imprisonment of 15 years and shall
  390  be ordered to pay a fine of $250,000.
  391         3. A person who knowingly manufactures or brings into this
  392  state 30 kilograms or more of a substance described in sub
  393  subparagraph 1.a., a mixture described in sub-subparagraph 1.b.,
  394  or a salt, isomer, ester, or ether or a salt of an isomer,
  395  ester, or ether described in sub-subparagraph 1.c., and who
  396  knows that the probable result of such manufacture or
  397  importation would be the death of any person commits capital
  398  manufacture or importation of phenethylamines, a capital felony
  399  punishable as provided in ss. 775.082 and 921.142. A person
  400  sentenced for a capital felony under this paragraph shall also
  401  be sentenced to pay the maximum fine under subparagraph 2.
  402         (l)1. Any person who knowingly sells, purchases,
  403  manufactures, delivers, or brings into this state, or who is
  404  knowingly in actual or constructive possession of, 1 gram or
  405  more of lysergic acid diethylamide (LSD) as described in s.
  406  893.03(1)(c), or of any mixture containing lysergic acid
  407  diethylamide (LSD), commits a felony of the first degree, which
  408  felony shall be known as “trafficking in lysergic acid
  409  diethylamide (LSD),” punishable as provided in s. 775.082, s.
  410  775.083, or s. 775.084. If the quantity involved:
  411         a. Is 1 gram or more, but less than 5 grams, such person
  412  shall be sentenced to a mandatory minimum term of imprisonment
  413  of 3 years, and the defendant shall be ordered to pay a fine of
  414  $50,000. However, the court may depart from the mandatory
  415  minimum term of imprisonment if it makes written findings as
  416  provided in subsection (8).
  417         b. Is 5 grams or more, but less than 7 grams, such person
  418  shall be sentenced to a mandatory minimum term of imprisonment
  419  of 7 years, and the defendant shall be ordered to pay a fine of
  420  $100,000.
  421         c. Is 7 grams or more, such person shall be sentenced to a
  422  mandatory minimum term of imprisonment of 15 calendar years and
  423  pay a fine of $500,000.
  424         2. Any person who knowingly manufactures or brings into
  425  this state 7 grams or more of lysergic acid diethylamide (LSD)
  426  as described in s. 893.03(1)(c), or any mixture containing
  427  lysergic acid diethylamide (LSD), and who knows that the
  428  probable result of such manufacture or importation would be the
  429  death of any person commits capital manufacture or importation
  430  of lysergic acid diethylamide (LSD), a capital felony punishable
  431  as provided in ss. 775.082 and 921.142. Any person sentenced for
  432  a capital felony under this paragraph shall also be sentenced to
  433  pay the maximum fine provided under subparagraph 1.
  434         (m)1. A person who knowingly sells, purchases,
  435  manufactures, delivers, or brings into this state, or who is
  436  knowingly in actual or constructive possession of, 280 grams or
  437  more of a:
  438         a. Substance described in s. 893.03(1)(c)30., 46.-50.,
  439  114.-142., 151.-156., 166.-173., or 176.-186. or a synthetic
  440  cannabinoid, as described in s. 893.03(1)(c)190.; or
  441         b. Mixture containing any substance described in sub
  442  subparagraph a.,
  443  
  444  commits a felony of the first degree, which felony shall be
  445  known as “trafficking in synthetic cannabinoids,” punishable as
  446  provided in s. 775.082, s. 775.083, or s. 775.084.
  447         2. If the quantity involved under subparagraph 1.:
  448         a. Is 280 grams or more, but less than 500 grams, such
  449  person shall be sentenced to a mandatory minimum term of
  450  imprisonment of 3 years, and the defendant shall be ordered to
  451  pay a fine of $50,000. However, the court may depart from the
  452  mandatory minimum term of imprisonment if it makes written
  453  findings as provided in subsection (8).
  454         b. Is 500 grams or more, but less than 1,000 grams, such
  455  person shall be sentenced to a mandatory minimum term of
  456  imprisonment of 7 years, and the defendant shall be ordered to
  457  pay a fine of $100,000.
  458         c. Is 1,000 grams or more, but less than 30 kilograms, such
  459  person shall be sentenced to a mandatory minimum term of
  460  imprisonment of 15 years, and the defendant shall be ordered to
  461  pay a fine of $200,000.
  462         d. Is 30 kilograms or more, such person shall be sentenced
  463  to a mandatory minimum term of imprisonment of 25 years, and the
  464  defendant shall be ordered to pay a fine of $750,000.
  465         (n)1. A person who knowingly sells, purchases,
  466  manufactures, delivers, or brings into this state, or who is
  467  knowingly in actual or constructive possession of, 14 grams or
  468  more of:
  469         a. A substance described in s. 893.03(1)(c)164., 174., or
  470  175., a n-benzyl phenethylamine compound, as described in s.
  471  893.03(1)(c)193.; or
  472         b. A mixture containing any substance described in sub
  473  subparagraph a.,
  474  
  475  commits a felony of the first degree, which felony shall be
  476  known as “trafficking in n-benzyl phenethylamines,” punishable
  477  as provided in s. 775.082, s. 775.083, or s. 775.084.
  478         2. If the quantity involved under subparagraph 1.:
  479         a. Is 14 grams or more, but less than 100 grams, such
  480  person shall be sentenced to a mandatory minimum term of
  481  imprisonment of 3 years, and the defendant shall be ordered to
  482  pay a fine of $50,000. However, the court may depart from the
  483  mandatory minimum term of imprisonment if it makes written
  484  findings as provided in subsection (8).
  485         b. Is 100 grams or more, but less than 200 grams, such
  486  person shall be sentenced to a mandatory minimum term of
  487  imprisonment of 7 years, and the defendant shall be ordered to
  488  pay a fine of $100,000.
  489         c. Is 200 grams or more, such person shall be sentenced to
  490  a mandatory minimum term of imprisonment of 15 years, and the
  491  defendant shall be ordered to pay a fine of $500,000.
  492         3. A person who knowingly manufactures or brings into this
  493  state 400 grams or more of a substance described in sub
  494  subparagraph 1.a. or a mixture described in sub-subparagraph
  495  1.b., and who knows that the probable result of such manufacture
  496  or importation would be the death of any person commits capital
  497  manufacture or importation of a n-benzyl phenethylamine
  498  compound, a capital felony punishable as provided in ss. 775.082
  499  and 921.142. A person sentenced for a capital felony under this
  500  paragraph shall also be sentenced to pay the maximum fine under
  501  subparagraph 2.
  502         (8) The court may depart from the mandatory minimum term of
  503  imprisonment for a violation of this section if the departure is
  504  specifically authorized by this section and the court makes the
  505  following written findings:
  506         (a) The offense only involved possession.
  507         (b) The offender did not use or threaten violence or use a
  508  weapon during the commission of the offense.
  509         (c) The offense did not result in the death or serious
  510  bodily injury of a person not a party to the offense.
  511         (d) A factor, consideration, or circumstance clearly
  512  demonstrates that imposing the mandatory minimum term of
  513  imprisonment would constitute or result in an injustice.
  514         Section 2. This act shall take effect July 1, 2018.

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