HB 561

1	A bill to be entitled
2	An act relating to sentences of inmates; amending s.
3	893.135, F.S.; revising the quantity of a controlled
4	substance which a person must knowingly sell,
5	purchase, manufacture, deliver, or bring into this
6	state in order to be subject to the automatic
7	imposition of a mandatory minimum term of
8	imprisonment; providing the method for determining the
9	weight of a controlled substance in a mixture that is
10	a prescription drug; revising legislative intent;
11	amending s. 921.0022, F.S.; revising provisions to
12	conform to changes made by the act; reenacting ss.
13	775.087(2)(a) and 782.04(1)(a), (3), and (4), F.S.,
14	relating to the possession or use of a weapon and
15	murder, respectively, to incorporate the amendments
16	made to s. 893.135, F.S., in references thereto;
17	repealing s. 893.101, F.S., relating to legislative
18	findings and intent relative to knowledge of a person
19	to the possession of a controlled substance; providing
20	an effective date.
21
22	Be It Enacted by the Legislature of the State of Florida:
23
24	Section 1.  Section 893.135, Florida Statutes, is amended
25	to read:
26	893.135  Trafficking; mandatory sentences; suspension or
27	reduction of sentences; conspiracy to engage in trafficking.-
28	(1)  Except as authorized in this chapter or in chapter 499
29	and notwithstanding the provisions of s. 893.13:
30	(a)  Any person who knowingly sells, purchases,
31	manufactures, delivers, or brings into this state, or who is
32	knowingly in actual or constructive possession of, in excess of
33	25 pounds of cannabis, or 300 or more cannabis plants, commits a
34	felony of the first degree, which felony shall be known as
35	"trafficking in cannabis," punishable as provided in s. 775.082,
36	s. 775.083, or s. 775.084. If the quantity of cannabis involved:
37	1.  Is in excess of 25 pounds, but less than 2,000 pounds,
38	or is 300 or more cannabis plants, but not more than 2,000
39	cannabis plants, such person shall be sentenced to a mandatory
40	minimum term of imprisonment of 3 years, and the defendant shall
41	be ordered to pay a fine of $25,000.
42	2.  Is 2,000 pounds or more, but less than 10,000 pounds,
43	or is 2,000 or more cannabis plants, but not more than 10,000
44	cannabis plants, such person shall be sentenced to a mandatory
45	minimum term of imprisonment of 7 years, and the defendant shall
46	be ordered to pay a fine of $50,000.
47	3.  Is 10,000 pounds or more, or is 10,000 or more cannabis
48	plants, such person shall be sentenced to a mandatory minimum
49	term of imprisonment of 15 calendar years, and the defendant
50	shall be ordered to pay a fine of $200,000.
51
52	For the purpose of this paragraph, a plant, including, but not
53	limited to, a seedling or cutting, is a "cannabis plant" if it
54	has some readily observable evidence of root formation, such as
55	root hairs. To determine if a piece or part of a cannabis plant
56	severed from the cannabis plant is itself a cannabis plant, the
57	severed piece or part must have some readily observable evidence
58	of root formation, such as root hairs. Callous tissue is not
59	readily observable evidence of root formation. The viability and
60	sex of a plant and the fact that the plant may or may not be a
61	dead harvested plant are not relevant in determining if the
62	plant is a "cannabis plant" or in the charging of an offense
63	under this paragraph. Upon conviction, the court shall impose
64	the longest term of imprisonment provided for in this paragraph.
65	(b)1.  Any person who knowingly sells, purchases,
66	manufactures, delivers, or brings into this state, or who is
67	knowingly in actual or constructive possession of, 50 28 grams
68	or more of cocaine, as described in s. 893.03(2)(a)4., or of any
69	mixture containing cocaine, but less than 150 kilograms of
70	cocaine or any such mixture, commits a felony of the first
71	degree, which felony shall be known as "trafficking in cocaine,"
72	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
73	If the quantity involved:
74	a.  Is 50 28 grams or more, but less than 400 200 grams,
75	such person shall be sentenced to a mandatory minimum term of
76	imprisonment of 3 years, and the defendant shall be ordered to
77	pay a fine of $50,000.
78	b.  Is 400 200 grams or more, but less than 4 kilograms 400
79	grams, such person shall be sentenced to a mandatory minimum
80	term of imprisonment of 7 years, and the defendant shall be
81	ordered to pay a fine of $100,000.
82	c.  Is 4 kilograms 400 grams or more, but less than 150
83	kilograms, such person shall be sentenced to a mandatory minimum
84	term of imprisonment of 15 calendar years, and the defendant
85	shall be ordered to pay a fine of $250,000.
86	2.  Any person who knowingly sells, purchases,
87	manufactures, delivers, or brings into this state, or who is
88	knowingly in actual or constructive possession of, 150 kilograms
89	or more of cocaine, as described in s. 893.03(2)(a)4., commits
90	the first degree felony of trafficking in cocaine. A person who
91	has been convicted of the first-degree first degree felony of
92	trafficking in cocaine under this subparagraph shall be punished
93	by life imprisonment and is ineligible for any form of
94	discretionary early release except pardon or executive clemency
95	or conditional medical release under s. 947.149. However, if the
96	court determines that, in addition to committing any act
97	specified in this paragraph:
98	a.  The person intentionally killed an individual or
99	counseled, commanded, induced, procured, or caused the
100	intentional killing of an individual and such killing was the
101	result; or
102	b.  The person's conduct in committing that act led to a
103	natural, though not inevitable, lethal result,
104
105	such person commits the capital felony of trafficking in
106	cocaine, punishable as provided in ss. 775.082 and 921.142. Any
107	person sentenced for a capital felony under this paragraph shall
108	also be ordered sentenced to pay the maximum fine provided under
109	subparagraph 1.
110	3.  Any person who knowingly brings into this state 300
111	kilograms or more of cocaine, as described in s. 893.03(2)(a)4.,
112	and who knows that the probable result of such importation would
113	be the death of any person, commits capital importation of
114	cocaine, a capital felony punishable as provided in ss. 775.082
115	and 921.142. Any person sentenced for a capital felony under
116	this paragraph shall also be ordered sentenced to pay the
117	maximum fine provided under subparagraph 1.
118	(c)1.  Any person who knowingly sells, purchases,
119	manufactures, delivers, or brings into this state, or who is
120	knowingly in actual or constructive possession of, 4 grams or
121	more of any morphine, opium, oxycodone, hydrocodone,
122	hydromorphone, or any salt, derivative, isomer, or salt of an
123	isomer thereof, including heroin, as described in s.
124	893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 4 grams or more
125	of any mixture containing any such substance, but less than 30
126	kilograms of such substance or mixture, commits a felony of the
127	first degree, which felony shall be known as "trafficking in
128	illegal drugs," punishable as provided in s. 775.082, s.
129	775.083, or s. 775.084. If the quantity involved:
130	a.  Is 4 grams or more, but less than 14 grams, such person
131	shall be sentenced to a mandatory minimum term of imprisonment
132	of 3 years, and the defendant shall be ordered to pay a fine of
133	$50,000.
134	b.  Is 14 grams or more, but less than 28 grams, such
135	person shall be sentenced to a mandatory minimum term of
136	imprisonment of 15 years, and the defendant shall be ordered to
137	pay a fine of $100,000.
138	c.  Is 28 grams or more, but less than 30 kilograms, such
139	person shall be sentenced to a mandatory minimum term of
140	imprisonment of 25 calendar years, and the defendant shall be
141	ordered to pay a fine of $500,000.
142	2.  Any person who knowingly sells, purchases,
143	manufactures, delivers, or brings into this state, or who is
144	knowingly in actual or constructive possession of, 30 kilograms
145	or more of any morphine, opium, oxycodone, hydrocodone,
146	hydromorphone, or any salt, derivative, isomer, or salt of an
147	isomer thereof, including heroin, as described in s.
148	893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or
149	more of any mixture containing any such substance, commits the
150	first-degree first degree felony of trafficking in illegal
151	drugs. A person who has been convicted of the first-degree first
152	degree felony of trafficking in illegal drugs under this
153	subparagraph shall be punished by life imprisonment and is
154	ineligible for any form of discretionary early release except
155	pardon or executive clemency or conditional medical release
156	under s. 947.149. However, if the court determines that, in
157	addition to committing any act specified in this paragraph:
158	a.  The person intentionally killed an individual or
159	counseled, commanded, induced, procured, or caused the
160	intentional killing of an individual and such killing was the
161	result; or
162	b.  The person's conduct in committing that act led to a
163	natural, though not inevitable, lethal result,
164
165	such person commits the capital felony of trafficking in illegal
166	drugs, punishable as provided in ss. 775.082 and 921.142. Any
167	person sentenced for a capital felony under this paragraph shall
168	also be ordered sentenced to pay the maximum fine provided under
169	subparagraph 1.
170	3.  Any person who knowingly brings into this state 60
171	kilograms or more of any morphine, opium, oxycodone,
172	hydrocodone, hydromorphone, or any salt, derivative, isomer, or
173	salt of an isomer thereof, including heroin, as described in s.
174	893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 60 kilograms or
175	more of any mixture containing any such substance, and who knows
176	that the probable result of such importation would be the death
177	of any person, commits capital importation of illegal drugs, a
178	capital felony punishable as provided in ss. 775.082 and
179	921.142. Any person sentenced for a capital felony under this
180	paragraph shall also be ordered sentenced to pay the maximum
181	fine provided under subparagraph 1.
182	(d)1.  Any person who knowingly sells, purchases,
183	manufactures, delivers, or brings into this state, or who is
184	knowingly in actual or constructive possession of, 28 grams or
185	more of phencyclidine or of any mixture containing
186	phencyclidine, as described in s. 893.03(2)(b), commits a felony
187	of the first degree, which felony shall be known as "trafficking
188	in phencyclidine," punishable as provided in s. 775.082, s.
189	775.083, or s. 775.084. If the quantity involved:
190	a.  Is 50 28 grams or more, but less than 400 200 grams,
191	such person shall be sentenced to a mandatory minimum term of
192	imprisonment of 3 years, and the defendant shall be ordered to
193	pay a fine of $50,000.
194	b.  Is 400 200 grams or more, but less than 4 kilograms 400
195	grams, such person shall be sentenced to a mandatory minimum
196	term of imprisonment of 7 years, and the defendant shall be
197	ordered to pay a fine of $100,000.
198	c.  Is 4 kilograms 400 grams or more, such person shall be
199	sentenced to a mandatory minimum term of imprisonment of 15
200	calendar years, and the defendant shall be ordered to pay a fine
201	of $250,000.
202	2.  Any person who knowingly brings into this state 8
203	kilograms 800 grams or more of phencyclidine or of any mixture
204	containing phencyclidine, as described in s. 893.03(2)(b), and
205	who knows that the probable result of such importation would be
206	the death of any person commits capital importation of
207	phencyclidine, a capital felony punishable as provided in ss.
208	775.082 and 921.142. Any person sentenced for a capital felony
209	under this paragraph shall also be ordered sentenced to pay the
210	maximum fine provided under subparagraph 1.
211	(e)1.  Any person who knowingly sells, purchases,
212	manufactures, delivers, or brings into this state, or who is
213	knowingly in actual or constructive possession of, 200 grams or
214	more of methaqualone or of any mixture containing methaqualone,
215	as described in s. 893.03(1)(d), commits a felony of the first
216	degree, which felony shall be known as "trafficking in
217	methaqualone," punishable as provided in s. 775.082, s. 775.083,
218	or s. 775.084. If the quantity involved:
219	a.  Is 200 grams or more, but less than 5 kilograms, such
220	person shall be sentenced to a mandatory minimum term of
221	imprisonment of 3 years, and the defendant shall be ordered to
222	pay a fine of $50,000.
223	b.  Is 5 kilograms or more, but less than 25 kilograms,
224	such person shall be sentenced to a mandatory minimum term of
225	imprisonment of 7 years, and the defendant shall be ordered to
226	pay a fine of $100,000.
227	c.  Is 25 kilograms or more, such person shall be sentenced
228	to a mandatory minimum term of imprisonment of 15 calendar
229	years, and the defendant shall be ordered to pay a fine of
230	$250,000.
231	2.  Any person who knowingly brings into this state 50
232	kilograms or more of methaqualone or of any mixture containing
233	methaqualone, as described in s. 893.03(1)(d), and who knows
234	that the probable result of such importation would be the death
235	of any person commits capital importation of methaqualone, a
236	capital felony punishable as provided in ss. 775.082 and
237	921.142. Any person sentenced for a capital felony under this
238	paragraph shall also be ordered sentenced to pay the maximum
239	fine provided under subparagraph 1.
240	(f)1.  Any person who knowingly sells, purchases,
241	manufactures, delivers, or brings into this state, or who is
242	knowingly in actual or constructive possession of, 30 14 grams
243	or more of amphetamine, as described in s. 893.03(2)(c)2., or
244	methamphetamine, as described in s. 893.03(2)(c)4., or of any
245	mixture containing amphetamine or methamphetamine, or
246	phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine
247	in conjunction with other chemicals and equipment utilized in
248	the manufacture of amphetamine or methamphetamine, commits a
249	felony of the first degree, which felony shall be known as
250	"trafficking in amphetamine," punishable as provided in s.
251	775.082, s. 775.083, or s. 775.084. If the quantity involved:
252	a.  Is 30 14 grams or more, but less than 200 28 grams,
253	such person shall be sentenced to a mandatory minimum term of
254	imprisonment of 3 years, and the defendant shall be ordered to
255	pay a fine of $50,000.
256	b.  Is 200 28 grams or more, but less than 400 200 grams,
257	such person shall be sentenced to a mandatory minimum term of
258	imprisonment of 7 years, and the defendant shall be ordered to
259	pay a fine of $100,000.
260	c.  Is 400 200 grams or more, such person shall be
261	sentenced to a mandatory minimum term of imprisonment of 15
262	calendar years, and the defendant shall be ordered to pay a fine
263	of $250,000.
264	2.  Any person who knowingly manufactures or brings into
265	this state 1.5 kilograms 400 grams or more of amphetamine, as
266	described in s. 893.03(2)(c)2., or methamphetamine, as described
267	in s. 893.03(2)(c)4., or of any mixture containing amphetamine
268	or methamphetamine, or phenylacetone, phenylacetic acid,
269	pseudoephedrine, or ephedrine in conjunction with other
270	chemicals and equipment used in the manufacture of amphetamine
271	or methamphetamine, and who knows that the probable result of
272	such manufacture or importation would be the death of any person
273	commits capital manufacture or importation of amphetamine, a
274	capital felony punishable as provided in ss. 775.082 and
275	921.142. Any person sentenced for a capital felony under this
276	paragraph shall also be ordered sentenced to pay the maximum
277	fine provided under subparagraph 1.
278	(g)1.  Any person who knowingly sells, purchases,
279	manufactures, delivers, or brings into this state, or who is
280	knowingly in actual or constructive possession of, 4 grams or
281	more of flunitrazepam or any mixture containing flunitrazepam as
282	described in s. 893.03(1)(a) commits a felony of the first
283	degree, which felony shall be known as "trafficking in
284	flunitrazepam," punishable as provided in s. 775.082, s.
285	775.083, or s. 775.084. If the quantity involved:
286	a.  Is 4 grams or more but less than 14 grams, such person
287	shall be sentenced to a mandatory minimum term of imprisonment
288	of 3 years, and the defendant shall be ordered to pay a fine of
289	$50,000.
290	b.  Is 14 grams or more but less than 28 grams, such person
291	shall be sentenced to a mandatory minimum term of imprisonment
292	of 7 years, and the defendant shall be ordered to pay a fine of
293	$100,000.
294	c.  Is 28 grams or more but less than 30 kilograms, such
295	person shall be sentenced to a mandatory minimum term of
296	imprisonment of 25 calendar years, and the defendant shall be
297	ordered to pay a fine of $500,000.
298	2.  Any person who knowingly sells, purchases,
299	manufactures, delivers, or brings into this state or who is
300	knowingly in actual or constructive possession of 30 kilograms
301	or more of flunitrazepam or any mixture containing flunitrazepam
302	as described in s. 893.03(1)(a) commits the first-degree first
303	degree felony of trafficking in flunitrazepam. A person who has
304	been convicted of the first-degree first degree felony of
305	trafficking in flunitrazepam under this subparagraph shall be
306	punished by life imprisonment and is ineligible for any form of
307	discretionary early release except pardon or executive clemency
308	or conditional medical release under s. 947.149. However, if the
309	court determines that, in addition to committing any act
310	specified in this paragraph:
311	a.  The person intentionally killed an individual or
312	counseled, commanded, induced, procured, or caused the
313	intentional killing of an individual and such killing was the
314	result; or
315	b.  The person's conduct in committing that act led to a
316	natural, though not inevitable, lethal result,
317
318	such person commits the capital felony of trafficking in
319	flunitrazepam, punishable as provided in ss. 775.082 and
320	921.142. Any person sentenced for a capital felony under this
321	paragraph shall also be ordered sentenced to pay the maximum
322	fine provided under subparagraph 1.
323	(h)1.  Any person who knowingly sells, purchases,
324	manufactures, delivers, or brings into this state, or who is
325	knowingly in actual or constructive possession of, 5 kilograms 1
326	kilogram or more of gamma-hydroxybutyric acid (GHB), as
327	described in s. 893.03(1)(d), or any mixture containing gamma-
328	hydroxybutyric acid (GHB), commits a felony of the first degree,
329	which felony shall be known as "trafficking in gamma-
330	hydroxybutyric acid (GHB)," punishable as provided in s.
331	775.082, s. 775.083, or s. 775.084. If the quantity involved:
332	a.  Is 5 kilograms 1 kilogram or more but less than 15 5
333	kilograms, such person shall be sentenced to a mandatory minimum
334	term of imprisonment of 3 years, and the defendant shall be
335	ordered to pay a fine of $50,000.
336	b.  Is 15 5 kilograms or more but less than 30 10
337	kilograms, such person shall be sentenced to a mandatory minimum
338	term of imprisonment of 7 years, and the defendant shall be
339	ordered to pay a fine of $100,000.
340	c.  Is 30 10 kilograms or more, such person shall be
341	sentenced to a mandatory minimum term of imprisonment of 15
342	calendar years, and the defendant shall be ordered to pay a fine
343	of $250,000.
344	2.  Any person who knowingly manufactures or brings into
345	this state 150 kilograms or more of gamma-hydroxybutyric acid
346	(GHB), as described in s. 893.03(1)(d), or any mixture
347	containing gamma-hydroxybutyric acid (GHB), and who knows that
348	the probable result of such manufacture or importation would be
349	the death of any person commits capital manufacture or
350	importation of gamma-hydroxybutyric acid (GHB), a capital felony
351	punishable as provided in ss. 775.082 and 921.142. Any person
352	sentenced for a capital felony under this paragraph shall also
353	be ordered sentenced to pay the maximum fine provided under
354	subparagraph 1.
355	(i)1.  Any person who knowingly sells, purchases,
356	manufactures, delivers, or brings into this state, or who is
357	knowingly in actual or constructive possession of, 5 kilograms 1
358	kilogram or more of gamma-butyrolactone (GBL), as described in
359	s. 893.03(1)(d), or any mixture containing gamma-butyrolactone
360	(GBL), commits a felony of the first degree, which felony shall
361	be known as "trafficking in gamma-butyrolactone (GBL),"
362	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
363	If the quantity involved:
364	a.  Is 5 kilograms 1 kilogram or more but less than 15 5
365	kilograms, such person shall be sentenced to a mandatory minimum
366	term of imprisonment of 3 years, and the defendant shall be
367	ordered to pay a fine of $50,000.
368	b.  Is 15 5 kilograms or more but less than 30 10
369	kilograms, such person shall be sentenced to a mandatory minimum
370	term of imprisonment of 7 years, and the defendant shall be
371	ordered to pay a fine of $100,000.
372	c.  Is 30 10 kilograms or more, such person shall be
373	sentenced to a mandatory minimum term of imprisonment of 15
374	calendar years, and the defendant shall be ordered to pay a fine
375	of $250,000.
376	2.  Any person who knowingly manufactures or brings into
377	the state 150 kilograms or more of gamma-butyrolactone (GBL), as
378	described in s. 893.03(1)(d), or any mixture containing gamma-
379	butyrolactone (GBL), and who knows that the probable result of
380	such manufacture or importation would be the death of any person
381	commits capital manufacture or importation of gamma-
382	butyrolactone (GBL), a capital felony punishable as provided in
383	ss. 775.082 and 921.142. Any person sentenced for a capital
384	felony under this paragraph shall also be ordered sentenced to
385	pay the maximum fine provided under subparagraph 1.
386	(j)1.  Any person who knowingly sells, purchases,
387	manufactures, delivers, or brings into this state, or who is
388	knowingly in actual or constructive possession of, 5 kilograms 1
389	kilogram or more of 1,4-Butanediol as described in s.
390	893.03(1)(d), or of any mixture containing 1,4-Butanediol,
391	commits a felony of the first degree, which felony shall be
392	known as "trafficking in 1,4-Butanediol," punishable as provided
393	in s. 775.082, s. 775.083, or s. 775.084. If the quantity
394	involved:
395	a.  Is 5 kilograms 1 kilogram or more, but less than 15 5
396	kilograms, such person shall be sentenced to a mandatory minimum
397	term of imprisonment of 3 years, and the defendant shall be
398	ordered to pay a fine of $50,000.
399	b.  Is 15 5 kilograms or more, but less than 30 10
400	kilograms, such person shall be sentenced to a mandatory minimum
401	term of imprisonment of 7 years, and the defendant shall be
402	ordered to pay a fine of $100,000.
403	c.  Is 30 10 kilograms or more, such person shall be
404	sentenced to a mandatory minimum term of imprisonment of 15
405	calendar years, and the defendant shall be ordered to pay a fine
406	of $500,000.
407	2.  Any person who knowingly manufactures or brings into
408	this state 150 kilograms or more of 1,4-Butanediol as described
409	in s. 893.03(1)(d), or any mixture containing 1,4-Butanediol,
410	and who knows that the probable result of such manufacture or
411	importation would be the death of any person commits capital
412	manufacture or importation of 1,4-Butanediol, a capital felony
413	punishable as provided in ss. 775.082 and 921.142. Any person
414	sentenced for a capital felony under this paragraph shall also
415	be ordered sentenced to pay the maximum fine provided under
416	subparagraph 1.
417	(k)1.  Any person who knowingly sells, purchases,
418	manufactures, delivers, or brings into this state, or who is
419	knowingly in actual or constructive possession of, 10 grams or
420	more of any of the following substances described in s.
421	893.03(1)(a) or (c):
422	a.  3,4-Methylenedioxymethamphetamine (MDMA);
423	b.  4-Bromo-2,5-dimethoxyamphetamine;
424	c.  4-Bromo-2,5-dimethoxyphenethylamine;
425	d.  2,5-Dimethoxyamphetamine;
426	e.  2,5-Dimethoxy-4-ethylamphetamine (DOET);
427	f.  N-ethylamphetamine;
428	g.  N-Hydroxy-3,4-methylenedioxyamphetamine;
429	h.  5-Methoxy-3,4-methylenedioxyamphetamine;
430	i.  4-methoxyamphetamine;
431	j.  4-methoxymethamphetamine;
432	k.  4-Methyl-2,5-dimethoxyamphetamine;
433	l.  3,4-Methylenedioxy-N-ethylamphetamine;
434	m.  3,4-Methylenedioxyamphetamine;
435	n.  N,N-dimethylamphetamine; or
436	o.  3,4,5-Trimethoxyamphetamine,
437
438	individually or in any combination of or any mixture containing
439	any substance listed in sub-subparagraphs a.-o., commits a
440	felony of the first degree, which felony shall be known as
441	"trafficking in Phenethylamines," punishable as provided in s.
442	775.082, s. 775.083, or s. 775.084.
443	2.  If the quantity involved:
444	a.  Is 30 10 grams or more but less than 200 grams, such
445	person shall be sentenced to a mandatory minimum term of
446	imprisonment of 3 years, and the defendant shall be ordered to
447	pay a fine of $50,000.
448	b.  Is 200 grams or more, but less than 400 grams, such
449	person shall be sentenced to a mandatory minimum term of
450	imprisonment of 7 years, and the defendant shall be ordered to
451	pay a fine of $100,000.
452	c.  Is 400 grams or more, such person shall be sentenced to
453	a mandatory minimum term of imprisonment of 15 calendar years,
454	and the defendant shall be ordered to pay a fine of $250,000.
455	3.  Any person who knowingly manufactures or brings into
456	this state 30 kilograms or more of any of the following
457	substances described in s. 893.03(1)(a) or (c):
458	a.  3,4-Methylenedioxymethamphetamine (MDMA);
459	b.  4-Bromo-2,5-dimethoxyamphetamine;
460	c.  4-Bromo-2,5-dimethoxyphenethylamine;
461	d.  2,5-Dimethoxyamphetamine;
462	e.  2,5-Dimethoxy-4-ethylamphetamine (DOET);
463	f.  N-ethylamphetamine;
464	g.  N-Hydroxy-3,4-methylenedioxyamphetamine;
465	h.  5-Methoxy-3,4-methylenedioxyamphetamine;
466	i.  4-methoxyamphetamine;
467	j.  4-methoxymethamphetamine;
468	k.  4-Methyl-2,5-dimethoxyamphetamine;
469	l.  3,4-Methylenedioxy-N-ethylamphetamine;
470	m.  3,4-Methylenedioxyamphetamine;
471	n.  N,N-dimethylamphetamine; or
472	o.  3,4,5-Trimethoxyamphetamine,
473
474	individually or in any combination of or any mixture containing
475	any substance listed in sub-subparagraphs a.-o., and who knows
476	that the probable result of such manufacture or importation
477	would be the death of any person commits capital manufacture or
478	importation of Phenethylamines, a capital felony punishable as
479	provided in ss. 775.082 and 921.142. Any person sentenced for a
480	capital felony under this paragraph shall also be ordered
481	sentenced to pay the maximum fine provided under subparagraph 1.
482	(l)1.  Any person who knowingly sells, purchases,
483	manufactures, delivers, or brings into this state, or who is
484	knowingly in actual or constructive possession of, 1 gram or
485	more of lysergic acid diethylamide (LSD) as described in s.
486	893.03(1)(c), or of any mixture containing lysergic acid
487	diethylamide (LSD), commits a felony of the first degree, which
488	felony shall be known as "trafficking in lysergic acid
489	diethylamide (LSD)," punishable as provided in s. 775.082, s.
490	775.083, or s. 775.084. If the quantity involved:
491	a.  Is 1 gram or more, but less than 5 grams, such person
492	shall be sentenced to a mandatory minimum term of imprisonment
493	of 3 years, and the defendant shall be ordered to pay a fine of
494	$50,000.
495	b.  Is 5 grams or more, but less than 7 grams, such person
496	shall be sentenced to a mandatory minimum term of imprisonment
497	of 7 years, and the defendant shall be ordered to pay a fine of
498	$100,000.
499	c.  Is 7 grams or more, such person shall be sentenced to a
500	mandatory minimum term of imprisonment of 15 calendar years, and
501	the defendant shall be ordered to pay a fine of $500,000.
502	2.  Any person who knowingly manufactures or brings into
503	this state 7 grams or more of lysergic acid diethylamide (LSD)
504	as described in s. 893.03(1)(c), or any mixture containing
505	lysergic acid diethylamide (LSD), and who knows that the
506	probable result of such manufacture or importation would be the
507	death of any person commits capital manufacture or importation
508	of lysergic acid diethylamide (LSD), a capital felony punishable
509	as provided in ss. 775.082 and 921.142. Any person sentenced for
510	a capital felony under this paragraph shall also be ordered
511	sentenced to pay the maximum fine provided under subparagraph 1.
512	(2)  A person acts knowingly under subsection (1) if that
513	person intends to sell, purchase, manufacture, deliver, or bring
514	into this state, or to actually or constructively possess, any
515	of the controlled substances listed in subsection (1),
516	regardless of which controlled substance listed in subsection
517	(1) is in fact sold, purchased, manufactured, delivered, or
518	brought into this state, or actually or constructively
519	possessed.
520	(3)  Notwithstanding the provisions of s. 948.01, with
521	respect to any person who is found to have violated this
522	section, adjudication of guilt or imposition of sentence may
523	shall not be suspended, deferred, or withheld, and nor shall
524	such person is not be eligible for parole before prior to
525	serving the mandatory minimum term of imprisonment prescribed by
526	this section. A person sentenced to a mandatory minimum term of
527	imprisonment under this section is not eligible for any form of
528	discretionary early release, except pardon or executive clemency
529	or conditional medical release under s. 947.149, before prior to
530	serving the mandatory minimum term of imprisonment.
531	(4)  The state attorney may move the sentencing court to
532	reduce or suspend the sentence of any person who is convicted of
533	a violation of this section and who provides substantial
534	assistance in the identification, arrest, or conviction of any
535	of that person's accomplices, accessories, coconspirators, or
536	principals or of any other person engaged in trafficking in
537	controlled substances. The arresting agency shall be given an
538	opportunity to be heard in aggravation or mitigation in
539	reference to any such motion. Upon good cause shown, the motion
540	may be filed and heard in camera. The judge hearing the motion
541	may reduce or suspend, defer, or withhold the sentence or
542	adjudication of guilt if the judge finds that the defendant
543	rendered such substantial assistance.
544	(5)  Any person who agrees, conspires, combines, or
545	confederates with another person to commit any act prohibited by
546	subsection (1) commits a felony of the first degree and is
547	punishable as if he or she had actually committed such
548	prohibited act. Nothing in This subsection does not shall be
549	construed to prohibit separate convictions and sentences for a
550	violation of this subsection and any violation of subsection
551	(1).
552	(6)  A mixture, as defined in s. 893.02, containing any
553	controlled substance described in this section includes, but is
554	not limited to, a solution or a dosage unit, including, but not
555	limited to, a pill or tablet, containing a controlled substance.
556	For the purpose of clarifying legislative intent regarding the
557	weighing of a mixture containing a controlled substance
558	described in this section, the weight of the controlled
559	substance is the total weight of the mixture, including the
560	controlled substance and any other substance in the mixture.
561	However, if the mixture is a prescription drug as defined in s.
562	499.003 and the weight of the controlled substance in the
563	mixture can be identified using the national drug code, the
564	weight of the controlled substance is the weight identified in
565	the national drug code. If there is more than one mixture
566	containing the same controlled substance, the weight of the
567	controlled substance is calculated by aggregating the total
568	weight of each mixture.
569	(7)  For the purpose of further clarifying legislative
570	intent, the Legislature finds that the opinion in Hayes v.
571	State, 750 So. 2d 1 (Fla. 1999) does not correctly construes
572	construe legislative intent. The Legislature finds that the
573	opinions in State v. Hayes, 720 So. 2d 1095 (Fla. 4th DCA 1998)
574	and State v. Baxley, 684 So. 2d 831 (Fla. 5th DCA 1996) do not
575	correctly construe legislative intent.
576	Section 2.  Paragraphs (g), (h), and (i) of subsection (3)
577	of section 921.0022, Florida Statutes, are amended to read:
578	921.0022  Criminal Punishment Code; offense severity
579	ranking chart.-
580	(3)  OFFENSE SEVERITY RANKING CHART
581	(g)  LEVEL 7
582
	FloridaStatute FelonyDegree Description
583
	316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
584
	316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
585
	316.1935(3)(b) 1st Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
586
	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
587
	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
588
	409.920  (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
589
	409.920  (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
590
	456.065(2) 3rd Practicing a health care profession without a license.
591
	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
592
	458.327(1) 3rd Practicing medicine without a license.
593
	459.013(1) 3rd Practicing osteopathic medicine without a license.
594
	460.411(1) 3rd Practicing chiropractic medicine without a license.
595
	461.012(1) 3rd Practicing podiatric medicine without a license.
596
	462.17 3rd Practicing naturopathy without a license.
597
	463.015(1) 3rd Practicing optometry without a license.
598
	464.016(1) 3rd Practicing nursing without a license.
599
	465.015(2) 3rd Practicing pharmacy without a license.
600
	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
601
	467.201 3rd Practicing midwifery without a license.
602
	468.366 3rd Delivering respiratory care services without a license.
603
	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
604
	483.901(9) 3rd Practicing medical physics without a license.
605
	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
606
	484.053 3rd Dispensing hearing aids without a license.
607
	494.0018(2) 1st Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
608
	560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
609
	560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
610
	655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
611
	775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations.
612
	775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
613
	775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
614
	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
615
	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
616
	782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
617
	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
618
	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
619
	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
620
	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
621
	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
622
	784.048(7) 3rd Aggravated stalking; violation of court order.
623
	784.07(2)(d) 1st Aggravated battery on law enforcement officer.
624
	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
625
	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
626
	784.081(1) 1st Aggravated battery on specified official or employee.
627
	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
628
	784.083(1) 1st Aggravated battery on code inspector.
629
	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
630
	790.16(1) 1st Discharge of a machine gun under specified circumstances.
631
	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
632
	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
633
	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
634
	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
635
	790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
636
	794.08(4) 3rd Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
637
	796.03 2nd Procuring any person under 16 years for prostitution.
638
	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
639
	800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
640
	806.01(2) 2nd Maliciously damage structure by fire or explosive.
641
	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
642
	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
643
	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
644
	810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
645
	812.014(2)(a)1. 1st Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
646
	812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
647
	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
648
	812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
649
	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
650
	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
651
	812.131(2)(a) 2nd Robbery by sudden snatching.
652
	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
653
	817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
654
	817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
655
	817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
656
	817.2341  (2)(b) & (3)(b) 1st Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
657
	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
658
	825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
659
	827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
660
	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
661
	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
662
	838.015 2nd Bribery.
663
	838.016 2nd Unlawful compensation or reward for official behavior.
664
	838.021(3)(a) 2nd Unlawful harm to a public servant.
665
	838.22 2nd Bid tampering.
666
	847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
667
	847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
668
	872.06 2nd Abuse of a dead human body.
669
	874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
670
	893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
671
	893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
672
	893.13(4)(a) 1st Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
673
	893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
674
	893.135  (1)(b)1.a. 1st Trafficking in cocaine, more than 50 28 grams, less than 400 200 grams.
675
	893.135  (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
676
	893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 50 28 grams, less than 400 200 grams.
677
	893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
678
	893.135(1)(f)1. 1st Trafficking in amphetamine, more than 30 14 grams, less than 200 28 grams.
679
	893.135  (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
680
	893.135  (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms 1 kilogram or more, less than 15 5 kilograms.
681
	893.135  (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 5 kilograms 1 kilogram or more, less than 15 5 kilograms.
682
	893.135  (1)(k)2.a. 1st Trafficking in Phenethylamines, 30 10 grams or more, less than 200 grams.
683
	893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
684
	896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
685
	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
686
	943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
687
	943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
688
	943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
689
	943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
690
	943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
691
	944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
692
	944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
693
	944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
694
	944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
695
	985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
696
	985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
697
	985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
698
699	(h)  LEVEL 8
700
	FloridaStatute FelonyDegree Description
701
	316.193  (3)(c)3.a. 2nd DUI manslaughter.
702
	316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
703
	327.35(3)(c)3. 2nd Vessel BUI manslaughter.
704
	499.0051(7) 1st Knowing trafficking in contraband prescription drugs.
705
	499.0051(8) 1st Knowing forgery of prescription labels or prescription drug labels.
706
	560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
707
	560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
708
	655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
709
	777.03(2)(a) 1st Accessory after the fact, capital felony.
710
	782.04(4) 2nd Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aircraft piracy, or unlawfully discharging bomb.
711
	782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
712
	782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
713
	782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
714
	790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
715
	794.011(5) 2nd Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
716
	794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state.
717
	800.04(4) 2nd Lewd or lascivious battery.
718
	806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
719
	810.02(2)(a) 1st,PBL Burglary with assault or battery.
720
	810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
721
	810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
722
	812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
723
	812.13(2)(b) 1st Robbery with a weapon.
724
	812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
725
	817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
726
	825.102(2) 1st Aggravated abuse of an elderly person or disabled adult.
727
	825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
728
	825.103(2)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.
729
	837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
730
	837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
731
	860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
732
	860.16 1st Aircraft piracy.
733
	893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
734
	893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
735
	893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
736
	893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
737
	893.135  (1)(b)1.b. 1st Trafficking in cocaine, more than 400 200 grams, less than 4 kilograms 400 grams.
738
	893.135  (1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
739
	893.135  (1)(d)1.b. 1st Trafficking in phencyclidine, more than 400 200 grams, less than 4 kilograms 400 grams.
740
	893.135  (1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
741
	893.135  (1)(f)1.b. 1st Trafficking in amphetamine, more than 200 28 grams, less than 400 200 grams.
742
	893.135  (1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
743
	893.135  (1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 15 5 kilograms or more, less than 30 10 kilograms.
744
	893.135  (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 15 5 kilograms or more, less than 30 10 kilograms.
745
	893.135  (1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
746
	893.1351(3) 1st Possession of a place used to manufacture controlled substance when minor is present or resides there.
747
	895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
748
	895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
749
	895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
750
	896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
751
	896.104(4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
752
753	(i)  LEVEL 9
754
	FloridaStatute FelonyDegree Description
755
	316.193  (3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
756
	327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
757
	409.920  (2)(b)1.c. 1st Medicaid provider fraud; $50,000 or more.
758
	499.0051(9) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
759
	560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
760
	560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
761
	655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
762
	775.0844 1st Aggravated white collar crime.
763
	782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
764
	782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies.
765
	782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
766
	782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
767
	787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
768
	787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
769
	787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
770
	787.02(3)(a) 1st False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
771
	790.161 1st Attempted capital destructive device offense.
772
	790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
773
	794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
774
	794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
775
	794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
776
	794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
777
	794.08(2) 1st Female genital mutilation; victim younger than 18 years of age.
778
	800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
779
	812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
780
	812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
781
	812.135(2)(b) 1st Home-invasion robbery with weapon.
782
	817.568(7) 2nd,PBL Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
783
	827.03(2) 1st Aggravated child abuse.
784
	847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
785
	847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
786
	859.01 1st Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
787
	893.135 1st Attempted capital trafficking offense.
788
	893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
789
	893.135  (1)(b)1.c. 1st Trafficking in cocaine, more than 4 kilograms 400 grams, less than 150 kilograms.
790
	893.135  (1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
791
	893.135  (1)(d)1.c. 1st Trafficking in phencyclidine, more than 4 kilograms 400 grams.
792
	893.135  (1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
793
	893.135  (1)(f)1.c. 1st Trafficking in amphetamine, more than 400 200 grams.
794
	893.135  (1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 30 10 kilograms or more.
795
	893.135  (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 30 10 kilograms or more.
796
	893.135  (1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
797
	896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
798
	896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
799
800	Section 3.  For the purpose of incorporating the amendments
801	made by this act to section 893.135, Florida Statutes, in a
802	reference thereto, paragraph (a) of subsection (2) of section
803	775.087, Florida Statutes, is reenacted to read:
804	775.087  Possession or use of weapon; aggravated battery;
805	felony reclassification; minimum sentence.-
806	(2)(a)1.  Any person who is convicted of a felony or an
807	attempt to commit a felony, regardless of whether the use of a
808	weapon is an element of the felony, and the conviction was for:
809	a.  Murder;
810	b.  Sexual battery;
811	c.  Robbery;
812	d.  Burglary;
813	e.  Arson;
814	f.  Aggravated assault;
815	g.  Aggravated battery;
816	h.  Kidnapping;
817	i.  Escape;
818	j.  Aircraft piracy;
819	k.  Aggravated child abuse;
820	l.  Aggravated abuse of an elderly person or disabled
821	adult;
822	m.  Unlawful throwing, placing, or discharging of a
823	destructive device or bomb;
824	n.  Carjacking;
825	o.  Home-invasion robbery;
826	p.  Aggravated stalking;
827	q.  Trafficking in cannabis, trafficking in cocaine,
828	capital importation of cocaine, trafficking in illegal drugs,
829	capital importation of illegal drugs, trafficking in
830	phencyclidine, capital importation of phencyclidine, trafficking
831	in methaqualone, capital importation of methaqualone,
832	trafficking in amphetamine, capital importation of amphetamine,
833	trafficking in flunitrazepam, trafficking in gamma-
834	hydroxybutyric acid (GHB), trafficking in 1,4-Butanediol,
835	trafficking in Phenethylamines, or other violation of s.
836	893.135(1); or
837	r.  Possession of a firearm by a felon
838
839	and during the commission of the offense, such person actually
840	possessed a "firearm" or "destructive device" as those terms are
841	defined in s. 790.001, shall be sentenced to a minimum term of
842	imprisonment of 10 years, except that a person who is convicted
843	for aggravated assault, possession of a firearm by a felon, or
844	burglary of a conveyance shall be sentenced to a minimum term of
845	imprisonment of 3 years if such person possessed a "firearm" or
846	"destructive device" during the commission of the offense.
847	2.  Any person who is convicted of a felony or an attempt
848	to commit a felony listed in sub-subparagraphs (a)1.a.-q.,
849	regardless of whether the use of a weapon is an element of the
850	felony, and during the course of the commission of the felony
851	such person discharged a "firearm" or "destructive device" as
852	defined in s. 790.001 shall be sentenced to a minimum term of
853	imprisonment of 20 years.
854	3.  Any person who is convicted of a felony or an attempt
855	to commit a felony listed in sub-subparagraphs (a)1.a.-q.,
856	regardless of whether the use of a weapon is an element of the
857	felony, and during the course of the commission of the felony
858	such person discharged a "firearm" or "destructive device" as
859	defined in s. 790.001 and, as the result of the discharge, death
860	or great bodily harm was inflicted upon any person, the
861	convicted person shall be sentenced to a minimum term of
862	imprisonment of not less than 25 years and not more than a term
863	of imprisonment of life in prison.
864	Section 4.  For the purpose of incorporating the amendments
865	made by this act to section 893.135, Florida Statutes, in
866	references thereto, paragraph (a) of subsection (1) and
867	subsections (3) and (4) of section 782.04, Florida Statutes, are
868	reenacted to read:
869	782.04  Murder.-
870	(1)(a)  The unlawful killing of a human being:
871	1.  When perpetrated from a premeditated design to effect
872	the death of the person killed or any human being;
873	2.  When committed by a person engaged in the perpetration
874	of, or in the attempt to perpetrate, any:
875	a.  Trafficking offense prohibited by s. 893.135(1),
876	b.  Arson,
877	c.  Sexual battery,
878	d.  Robbery,
879	e.  Burglary,
880	f.  Kidnapping,
881	g.  Escape,
882	h.  Aggravated child abuse,
883	i.  Aggravated abuse of an elderly person or disabled
884	adult,
885	j.  Aircraft piracy,
886	k.  Unlawful throwing, placing, or discharging of a
887	destructive device or bomb,
888	l.  Carjacking,
889	m.  Home-invasion robbery,
890	n.  Aggravated stalking,
891	o.  Murder of another human being,
892	p.  Resisting an officer with violence to his or her
893	person,
894	q.  Felony that is an act of terrorism or is in furtherance
895	of an act of terrorism; or
896	3.  Which resulted from the unlawful distribution of any
897	substance controlled under s. 893.03(1), cocaine as described in
898	s. 893.03(2)(a)4., opium or any synthetic or natural salt,
899	compound, derivative, or preparation of opium, or methadone by a
900	person 18 years of age or older, when such drug is proven to be
901	the proximate cause of the death of the user,
902
903	is murder in the first degree and constitutes a capital felony,
904	punishable as provided in s. 775.082.
905	(3)  When a person is killed in the perpetration of, or in
906	the attempt to perpetrate, any:
907	(a)  Trafficking offense prohibited by s. 893.135(1),
908	(b)  Arson,
909	(c)  Sexual battery,
910	(d)  Robbery,
911	(e)  Burglary,
912	(f)  Kidnapping,
913	(g)  Escape,
914	(h)  Aggravated child abuse,
915	(i)  Aggravated abuse of an elderly person or disabled
916	adult,
917	(j)  Aircraft piracy,
918	(k)  Unlawful throwing, placing, or discharging of a
919	destructive device or bomb,
920	(l)  Carjacking,
921	(m)  Home-invasion robbery,
922	(n)  Aggravated stalking,
923	(o)  Murder of another human being,
924	(p)  Resisting an officer with violence to his or her
925	person, or
926	(q)  Felony that is an act of terrorism or is in
927	furtherance of an act of terrorism,
928
929	by a person other than the person engaged in the perpetration of
930	or in the attempt to perpetrate such felony, the person
931	perpetrating or attempting to perpetrate such felony is guilty
932	of murder in the second degree, which constitutes a felony of
933	the first degree, punishable by imprisonment for a term of years
934	not exceeding life or as provided in s. 775.082, s. 775.083, or
935	s. 775.084.
936	(4)  The unlawful killing of a human being, when
937	perpetrated without any design to effect death, by a person
938	engaged in the perpetration of, or in the attempt to perpetrate,
939	any felony other than any:
940	(a)  Trafficking offense prohibited by s. 893.135(1),
941	(b)  Arson,
942	(c)  Sexual battery,
943	(d)  Robbery,
944	(e)  Burglary,
945	(f)  Kidnapping,
946	(g)  Escape,
947	(h)  Aggravated child abuse,
948	(i)  Aggravated abuse of an elderly person or disabled
949	adult,
950	(j)  Aircraft piracy,
951	(k)  Unlawful throwing, placing, or discharging of a
952	destructive device or bomb,
953	(l)  Unlawful distribution of any substance controlled
954	under s. 893.03(1), cocaine as described in s. 893.03(2)(a)4.,
955	or opium or any synthetic or natural salt, compound, derivative,
956	or preparation of opium by a person 18 years of age or older,
957	when such drug is proven to be the proximate cause of the death
958	of the user,
959	(m)  Carjacking,
960	(n)  Home-invasion robbery,
961	(o)  Aggravated stalking,
962	(p)  Murder of another human being,
963	(q)  Resisting an officer with violence to his or her
964	person, or
965	(r)  Felony that is an act of terrorism or is in
966	furtherance of an act of terrorism,
967
968	is murder in the third degree and constitutes a felony of the
969	second degree, punishable as provided in s. 775.082, s. 775.083,
970	or s. 775.084.
971	Section 5.  Section 893.101, Florida Statutes, is repealed.
972	Section 6.  This act shall take effect July 1, 2012.

CODING: Words stricken are deletions; words underlined are additions.