Florida Senate - 2019                                     SB 408
       
       
        
       By Senator Brandes
       
       
       
       
       
       24-00739-19                                            2019408__
    1                        A bill to be entitled                      
    2         An act relating to drug offenses; creating s. 893.066,
    3         F.S.; prohibiting the use or possession of a pill
    4         press or similar device with the intent to unlawfully
    5         manufacture a pill, tablet, or capsule containing
    6         certain controlled substances; providing criminal
    7         penalties; amending s. 893.135, F.S.; defining the
    8         term “dosage unit”; providing applicability;
    9         prohibiting the sale, purchase, delivery, bringing
   10         into this state, or actual or constructive possession
   11         of specified amounts of dosage units of certain
   12         controlled substances; creating the offense of
   13         “trafficking in pharmaceuticals”; providing criminal
   14         penalties; reenacting ss. 373.6055(3)(c), 397.4073(6),
   15         414.095(1), 772.12(2), 775.087(2)(a) and (3)(a),
   16         782.04(1)(a), (3)(a), and (4)(a), 810.02(3)(f),
   17         812.014(2)(c), 893.13(8)(d), 893.1351(1) and (2),
   18         900.05(3)(e), 903.133, 907.041(4)(c), and
   19         921.0024(1)(b), F.S., relating to criminal history
   20         checks for certain water management district employees
   21         and others; background checks of service provider
   22         personnel; the determination of eligibility for
   23         temporary cash assistance; the Drug Dealer Liability
   24         Act; felony reclassification of the possession or use
   25         of a weapon in an aggravated battery; murder;
   26         burglary; theft; prohibited acts that relate to the
   27         prescription of controlled substances; ownership,
   28         lease, rental, or possession for trafficking in or
   29         manufacturing controlled substances; criminal justice
   30         data collection; the prohibition of bail on appeal for
   31         certain felony convictions; pretrial detention and
   32         release; the scoresheet worksheet key for computation
   33         in the Criminal Punishment Code; respectively, to
   34         incorporate the amendment made to s. 893.135, F.S., in
   35         references thereto; providing an effective date.
   36          
   37  Be It Enacted by the Legislature of the State of Florida:
   38  
   39         Section 1. Section 893.066, Florida Statutes, is created to
   40  read:
   41         893.066 Unlawful possession of pill press; penalty.Except
   42  as authorized in this chapter, a person may not use or possess a
   43  pill press or other similar mechanical device capable of
   44  compressing powder into pills, tablets, or capsules of uniform
   45  size and weight, with the intent to unlawfully manufacture a
   46  pill, tablet, or capsule containing a controlled substance as
   47  described in s. 893.03. A person who violates this section
   48  commits a felony of the third degree, punishable as provided in
   49  s. 775.082, s. 775.083, or s. 775.084.
   50         Section 2. Paragraph (o) is added to subsection (1) of
   51  section 893.135, Florida Statutes, to read:
   52         893.135 Trafficking; mandatory sentences; suspension or
   53  reduction of sentences; conspiracy to engage in trafficking.—
   54         (1) Except as authorized in this chapter or in chapter 499
   55  and notwithstanding the provisions of s. 893.13:
   56         (o)1. As used in this paragraph, the term “dosage unit”
   57  means an individual tablet, capsule, pill, transdermal patch,
   58  unit of sublingual gelatin, or other visually distinctive form,
   59  with a clear manufacturer marking on each unit, of a commercial
   60  drug product approved by the federal Food and Drug
   61  Administration and manufactured and distributed by a
   62  pharmaceutical company lawfully doing business in the United
   63  States.
   64         2. Notwithstanding any other provision of this section, the
   65  sale, purchase, manufacture, delivery, or actual or constructive
   66  possession of fewer than 120 dosage units containing any
   67  controlled substance described in this section is not a
   68  violation of any other provision of this section.
   69         3.A person who knowingly sells, purchases, delivers, or
   70  brings into this state, or who is knowingly in actual or
   71  constructive possession of, 120 or more dosage units containing
   72  a controlled substance described in this section commits a
   73  felony of the first degree, which felony shall be known as
   74  “trafficking in pharmaceuticals,” punishable as provided in s.
   75  775.082, s. 775.083, or s. 775.084, and must be prosecuted under
   76  this paragraph. If the quantity involved:
   77         a. Is 120 or more dosage units, but less than 500 dosage
   78  units, such person shall be sentenced to a mandatory minimum
   79  term of imprisonment of 3 years and shall be ordered to pay a
   80  fine of up to $25,000.
   81         b. Is 500 or more dosage units, but less than 1,000 dosage
   82  units, such person shall be sentenced to a mandatory minimum
   83  term of imprisonment of 7 years and shall be ordered to pay a
   84  fine of up to $50,000.
   85         c. Is 1,000 or more dosage units, but less than 5,000
   86  dosage units, such person shall be sentenced to a mandatory
   87  minimum term of imprisonment of 15 years and shall be ordered to
   88  pay a fine of up to $100,000.
   89         d. Is 5,000 or more dosage units, such person shall be
   90  sentenced to a mandatory minimum term of imprisonment of 25
   91  years and shall be ordered to pay a fine of up to $250,000.
   92         Section 3. For the purpose of incorporating the amendment
   93  made by this act to section 893.135, Florida Statutes, in a
   94  reference thereto, paragraph (c) of subsection (3) of section
   95  373.6055, Florida Statutes, is reenacted to read:
   96         373.6055 Criminal history checks for certain water
   97  management district employees and others.—
   98         (3)
   99         (c) In addition to other requirements for employment or
  100  access established by any water management district pursuant to
  101  its water management district’s security plan for buildings,
  102  facilities, and structures, each water management district’s
  103  security plan shall provide that:
  104         1. Any person who has within the past 7 years been
  105  convicted, regardless of whether adjudication was withheld, for
  106  a forcible felony as defined in s. 776.08; an act of terrorism
  107  as defined in s. 775.30; planting of a hoax bomb as provided in
  108  s. 790.165; any violation involving the manufacture, possession,
  109  sale, delivery, display, use, or attempted or threatened use of
  110  a weapon of mass destruction or hoax weapon of mass destruction
  111  as provided in s. 790.166; dealing in stolen property; any
  112  violation of s. 893.135; any violation involving the sale,
  113  manufacturing, delivery, or possession with intent to sell,
  114  manufacture, or deliver a controlled substance; burglary;
  115  robbery; any felony violation of s. 812.014; any violation of s.
  116  790.07; any crime an element of which includes use or possession
  117  of a firearm; any conviction for any similar offenses under the
  118  laws of another jurisdiction; or conviction for conspiracy to
  119  commit any of the listed offenses may not be qualified for
  120  initial employment within or authorized regular access to
  121  buildings, facilities, or structures defined in the water
  122  management district’s security plan as restricted access areas.
  123         2. Any person who has at any time been convicted of any of
  124  the offenses listed in subparagraph 1. may not be qualified for
  125  initial employment within or authorized regular access to
  126  buildings, facilities, or structures defined in the water
  127  management district’s security plan as restricted access areas
  128  unless, after release from incarceration and any supervision
  129  imposed as a sentence, the person remained free from a
  130  subsequent conviction, regardless of whether adjudication was
  131  withheld, for any of the listed offenses for a period of at
  132  least 7 years prior to the employment or access date under
  133  consideration.
  134         Section 4. For the purpose of incorporating the amendment
  135  made by this act to section 893.135, Florida Statutes, in a
  136  reference thereto, subsection (6) of section 397.4073, Florida
  137  Statutes, is reenacted to read:
  138         397.4073 Background checks of service provider personnel.—
  139         (6) DISQUALIFICATION FROM RECEIVING STATE FUNDS.—State
  140  funds may not be disseminated to any service provider owned or
  141  operated by an owner, director, or chief financial officer who
  142  has been convicted of, has entered a plea of guilty or nolo
  143  contendere to, or has had adjudication withheld for, a violation
  144  of s. 893.135 pertaining to trafficking in controlled
  145  substances, or a violation of the law of another state, the
  146  District of Columbia, the United States or any possession or
  147  territory thereof, or any foreign jurisdiction which is
  148  substantially similar in elements and penalties to a trafficking
  149  offense in this state, unless the owner’s or director’s civil
  150  rights have been restored.
  151         Section 5. For the purpose of incorporating the amendment
  152  made by this act to section 893.135, Florida Statutes, in a
  153  reference thereto, subsection (1) of section 414.095, Florida
  154  Statutes, is reenacted to read:
  155         414.095 Determining eligibility for temporary cash
  156  assistance.—
  157         (1) ELIGIBILITY.—An applicant must meet eligibility
  158  requirements of this section before receiving services or
  159  temporary cash assistance under this chapter, except that an
  160  applicant shall be required to register for work and engage in
  161  work activities in accordance with s. 445.024, as designated by
  162  the local workforce development board, and may receive support
  163  services or child care assistance in conjunction with such
  164  requirement. The department shall make a determination of
  165  eligibility based on the criteria listed in this chapter. The
  166  department shall monitor continued eligibility for temporary
  167  cash assistance through periodic reviews consistent with the
  168  food assistance eligibility process. Benefits may not be denied
  169  to an individual solely based on a felony drug conviction,
  170  unless the conviction is for trafficking pursuant to s. 893.135.
  171  To be eligible under this section, an individual convicted of a
  172  drug felony must be satisfactorily meeting the requirements of
  173  the temporary cash assistance program, including all substance
  174  abuse treatment requirements. Within the limits specified in
  175  this chapter, the state opts out of the provision of Pub. L. No.
  176  104-193, s. 115, that eliminates eligibility for temporary cash
  177  assistance and food assistance for any individual convicted of a
  178  controlled substance felony.
  179         Section 6. For the purpose of incorporating the amendment
  180  made by this act to section 893.135, Florida Statutes, in a
  181  reference thereto, subsection (2) of section 772.12, Florida
  182  Statutes, is reenacted to read:
  183         772.12 Drug Dealer Liability Act.—
  184         (2) A person, including any governmental entity, has a
  185  cause of action for threefold the actual damages sustained and
  186  is entitled to minimum damages in the amount of $1,000 and
  187  reasonable attorney’s fees and court costs in the trial and
  188  appellate courts, if the person proves by the greater weight of
  189  the evidence that:
  190         (a) The person was injured because of the defendant’s
  191  actions that resulted in the defendant’s conviction for:
  192         1. A violation of s. 893.13, except for a violation of s.
  193  893.13(2)(a) or (b), (3), (5), (6)(a), (b), or (c), (7); or
  194         2. A violation of s. 893.135; and
  195         (b) The person was not injured by reason of his or her
  196  participation in the same act or transaction that resulted in
  197  the defendant’s conviction for any offense described in
  198  subparagraph (a)1.
  199         Section 7. For the purpose of incorporating the amendment
  200  made by this act to section 893.135, Florida Statutes, in
  201  references thereto, paragraph (a) of subsection (2) and
  202  paragraph (a) of subsection (3) of section 775.087, Florida
  203  Statutes, are reenacted to read:
  204         775.087 Possession or use of weapon; aggravated battery;
  205  felony reclassification; minimum sentence.—
  206         (2)(a)1. Any person who is convicted of a felony or an
  207  attempt to commit a felony, regardless of whether the use of a
  208  weapon is an element of the felony, and the conviction was for:
  209         a. Murder;
  210         b. Sexual battery;
  211         c. Robbery;
  212         d. Burglary;
  213         e. Arson;
  214         f. Aggravated battery;
  215         g. Kidnapping;
  216         h. Escape;
  217         i. Aircraft piracy;
  218         j. Aggravated child abuse;
  219         k. Aggravated abuse of an elderly person or disabled adult;
  220         l. Unlawful throwing, placing, or discharging of a
  221  destructive device or bomb;
  222         m. Carjacking;
  223         n. Home-invasion robbery;
  224         o. Aggravated stalking;
  225         p. Trafficking in cannabis, trafficking in cocaine, capital
  226  importation of cocaine, trafficking in illegal drugs, capital
  227  importation of illegal drugs, trafficking in phencyclidine,
  228  capital importation of phencyclidine, trafficking in
  229  methaqualone, capital importation of methaqualone, trafficking
  230  in amphetamine, capital importation of amphetamine, trafficking
  231  in flunitrazepam, trafficking in gamma-hydroxybutyric acid
  232  (GHB), trafficking in 1,4-Butanediol, trafficking in
  233  Phenethylamines, or other violation of s. 893.135(1); or
  234         q. Possession of a firearm by a felon
  235  
  236  and during the commission of the offense, such person actually
  237  possessed a “firearm” or “destructive device” as those terms are
  238  defined in s. 790.001, shall be sentenced to a minimum term of
  239  imprisonment of 10 years, except that a person who is convicted
  240  for possession of a firearm by a felon or burglary of a
  241  conveyance shall be sentenced to a minimum term of imprisonment
  242  of 3 years if such person possessed a “firearm” or “destructive
  243  device” during the commission of the offense. However, if an
  244  offender who is convicted of the offense of possession of a
  245  firearm by a felon has a previous conviction of committing or
  246  attempting to commit a felony listed in s. 775.084(1)(b)1. and
  247  actually possessed a firearm or destructive device during the
  248  commission of the prior felony, the offender shall be sentenced
  249  to a minimum term of imprisonment of 10 years.
  250         2. Any person who is convicted of a felony or an attempt to
  251  commit a felony listed in sub-subparagraphs (a)1.a.-p.,
  252  regardless of whether the use of a weapon is an element of the
  253  felony, and during the course of the commission of the felony
  254  such person discharged a “firearm” or “destructive device” as
  255  defined in s. 790.001 shall be sentenced to a minimum term of
  256  imprisonment of 20 years.
  257         3. Any person who is convicted of a felony or an attempt to
  258  commit a felony listed in sub-subparagraphs (a)1.a.-p.,
  259  regardless of whether the use of a weapon is an element of the
  260  felony, and during the course of the commission of the felony
  261  such person discharged a “firearm” or “destructive device” as
  262  defined in s. 790.001 and, as the result of the discharge, death
  263  or great bodily harm was inflicted upon any person, the
  264  convicted person shall be sentenced to a minimum term of
  265  imprisonment of not less than 25 years and not more than a term
  266  of imprisonment of life in prison.
  267         (3)(a)1. Any person who is convicted of a felony or an
  268  attempt to commit a felony, regardless of whether the use of a
  269  firearm is an element of the felony, and the conviction was for:
  270         a. Murder;
  271         b. Sexual battery;
  272         c. Robbery;
  273         d. Burglary;
  274         e. Arson;
  275         f. Aggravated battery;
  276         g. Kidnapping;
  277         h. Escape;
  278         i. Sale, manufacture, delivery, or intent to sell,
  279  manufacture, or deliver any controlled substance;
  280         j. Aircraft piracy;
  281         k. Aggravated child abuse;
  282         l. Aggravated abuse of an elderly person or disabled adult;
  283         m. Unlawful throwing, placing, or discharging of a
  284  destructive device or bomb;
  285         n. Carjacking;
  286         o. Home-invasion robbery;
  287         p. Aggravated stalking; or
  288         q. Trafficking in cannabis, trafficking in cocaine, capital
  289  importation of cocaine, trafficking in illegal drugs, capital
  290  importation of illegal drugs, trafficking in phencyclidine,
  291  capital importation of phencyclidine, trafficking in
  292  methaqualone, capital importation of methaqualone, trafficking
  293  in amphetamine, capital importation of amphetamine, trafficking
  294  in flunitrazepam, trafficking in gamma-hydroxybutyric acid
  295  (GHB), trafficking in 1,4-Butanediol, trafficking in
  296  Phenethylamines, or other violation of s. 893.135(1);
  297  
  298  and during the commission of the offense, such person possessed
  299  a semiautomatic firearm and its high-capacity detachable box
  300  magazine or a machine gun as defined in s. 790.001, shall be
  301  sentenced to a minimum term of imprisonment of 15 years.
  302         2. Any person who is convicted of a felony or an attempt to
  303  commit a felony listed in subparagraph (a)1., regardless of
  304  whether the use of a weapon is an element of the felony, and
  305  during the course of the commission of the felony such person
  306  discharged a semiautomatic firearm and its high-capacity box
  307  magazine or a “machine gun” as defined in s. 790.001 shall be
  308  sentenced to a minimum term of imprisonment of 20 years.
  309         3. Any person who is convicted of a felony or an attempt to
  310  commit a felony listed in subparagraph (a)1., regardless of
  311  whether the use of a weapon is an element of the felony, and
  312  during the course of the commission of the felony such person
  313  discharged a semiautomatic firearm and its high-capacity box
  314  magazine or a “machine gun” as defined in s. 790.001 and, as the
  315  result of the discharge, death or great bodily harm was
  316  inflicted upon any person, the convicted person shall be
  317  sentenced to a minimum term of imprisonment of not less than 25
  318  years and not more than a term of imprisonment of life in
  319  prison.
  320         Section 8. For the purpose of incorporating the amendment
  321  made by this act to section 893.135, Florida Statutes, in
  322  references thereto, paragraph (a) of subsection (1), paragraph
  323  (a) of subsection (3), and paragraph (a) of subsection (4) of
  324  section 782.04, Florida Statutes, are reenacted to read:
  325         782.04 Murder.—
  326         (1)(a) The unlawful killing of a human being:
  327         1. When perpetrated from a premeditated design to effect
  328  the death of the person killed or any human being;
  329         2. When committed by a person engaged in the perpetration
  330  of, or in the attempt to perpetrate, any:
  331         a. Trafficking offense prohibited by s. 893.135(1),
  332         b. Arson,
  333         c. Sexual battery,
  334         d. Robbery,
  335         e. Burglary,
  336         f. Kidnapping,
  337         g. Escape,
  338         h. Aggravated child abuse,
  339         i. Aggravated abuse of an elderly person or disabled adult,
  340         j. Aircraft piracy,
  341         k. Unlawful throwing, placing, or discharging of a
  342  destructive device or bomb,
  343         l. Carjacking,
  344         m. Home-invasion robbery,
  345         n. Aggravated stalking,
  346         o. Murder of another human being,
  347         p. Resisting an officer with violence to his or her person,
  348         q. Aggravated fleeing or eluding with serious bodily injury
  349  or death,
  350         r. Felony that is an act of terrorism or is in furtherance
  351  of an act of terrorism, including a felony under s. 775.30, s.
  352  775.32, s. 775.33, s. 775.34, or s. 775.35, or
  353         s. Human trafficking; or
  354         3. Which resulted from the unlawful distribution by a
  355  person 18 years of age or older of any of the following
  356  substances, or mixture containing any of the following
  357  substances, when such substance or mixture is proven to be the
  358  proximate cause of the death of the user:
  359         a. A substance controlled under s. 893.03(1);
  360         b. Cocaine, as described in s. 893.03(2)(a)4.;
  361         c. Opium or any synthetic or natural salt, compound,
  362  derivative, or preparation of opium;
  363         d. Methadone;
  364         e. Alfentanil, as described in s. 893.03(2)(b)1.;
  365         f. Carfentanil, as described in s. 893.03(2)(b)6.;
  366         g. Fentanyl, as described in s. 893.03(2)(b)9.;
  367         h. Sufentanil, as described in s. 893.03(2)(b)30.; or
  368         i. A controlled substance analog, as described in s.
  369  893.0356, of any substance specified in sub-subparagraphs a.-h.,
  370  
  371  is murder in the first degree and constitutes a capital felony,
  372  punishable as provided in s. 775.082.
  373         (3) When a human being is killed during the perpetration
  374  of, or during the attempt to perpetrate, any:
  375         (a) Trafficking offense prohibited by s. 893.135(1),
  376  
  377  by a person other than the person engaged in the perpetration of
  378  or in the attempt to perpetrate such felony, the person
  379  perpetrating or attempting to perpetrate such felony commits
  380  murder in the second degree, which constitutes a felony of the
  381  first degree, punishable by imprisonment for a term of years not
  382  exceeding life or as provided in s. 775.082, s. 775.083, or s.
  383  775.084.
  384         (4) The unlawful killing of a human being, when perpetrated
  385  without any design to effect death, by a person engaged in the
  386  perpetration of, or in the attempt to perpetrate, any felony
  387  other than any:
  388         (a) Trafficking offense prohibited by s. 893.135(1),
  389  
  390  is murder in the third degree and constitutes a felony of the
  391  second degree, punishable as provided in s. 775.082, s. 775.083,
  392  or s. 775.084.
  393         Section 9. For the purpose of incorporating the amendment
  394  made by this act to section 893.135, Florida Statutes, in a
  395  reference thereto, paragraph (f) of subsection (3) of section
  396  810.02, Florida Statutes, is reenacted to read:
  397         810.02 Burglary.—
  398         (3) Burglary is a felony of the second degree, punishable
  399  as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the
  400  course of committing the offense, the offender does not make an
  401  assault or battery and is not and does not become armed with a
  402  dangerous weapon or explosive, and the offender enters or
  403  remains in a:
  404         (f) Structure or conveyance when the offense intended to be
  405  committed therein is theft of a controlled substance as defined
  406  in s. 893.02. Notwithstanding any other law, separate judgments
  407  and sentences for burglary with the intent to commit theft of a
  408  controlled substance under this paragraph and for any applicable
  409  possession of controlled substance offense under s. 893.13 or
  410  trafficking in controlled substance offense under s. 893.135 may
  411  be imposed when all such offenses involve the same amount or
  412  amounts of a controlled substance.
  413  
  414  However, if the burglary is committed within a county that is
  415  subject to a state of emergency declared by the Governor under
  416  chapter 252 after the declaration of emergency is made and the
  417  perpetration of the burglary is facilitated by conditions
  418  arising from the emergency, the burglary is a felony of the
  419  first degree, punishable as provided in s. 775.082, s. 775.083,
  420  or s. 775.084. As used in this subsection, the term “conditions
  421  arising from the emergency” means civil unrest, power outages,
  422  curfews, voluntary or mandatory evacuations, or a reduction in
  423  the presence of or response time for first responders or
  424  homeland security personnel. A person arrested for committing a
  425  burglary within a county that is subject to such a state of
  426  emergency may not be released until the person appears before a
  427  committing magistrate at a first appearance hearing. For
  428  purposes of sentencing under chapter 921, a felony offense that
  429  is reclassified under this subsection is ranked one level above
  430  the ranking under s. 921.0022 or s. 921.0023 of the offense
  431  committed.
  432         Section 10. For the purpose of incorporating the amendment
  433  made by this act to section 893.135, Florida Statutes, in a
  434  reference thereto, paragraph (c) of subsection (2) of section
  435  812.014, Florida Statutes, is reenacted to read:
  436         812.014 Theft.—
  437         (2)
  438         (c) It is grand theft of the third degree and a felony of
  439  the third degree, punishable as provided in s. 775.082, s.
  440  775.083, or s. 775.084, if the property stolen is:
  441         1. Valued at $300 or more, but less than $5,000.
  442         2. Valued at $5,000 or more, but less than $10,000.
  443         3. Valued at $10,000 or more, but less than $20,000.
  444         4. A will, codicil, or other testamentary instrument.
  445         5. A firearm.
  446         6. A motor vehicle, except as provided in paragraph (a).
  447         7. Any commercially farmed animal, including any animal of
  448  the equine, avian, bovine, or swine class or other grazing
  449  animal; a bee colony of a registered beekeeper; and aquaculture
  450  species raised at a certified aquaculture facility. If the
  451  property stolen is a commercially farmed animal, including an
  452  animal of the equine, avian, bovine, or swine class or other
  453  grazing animal; a bee colony of a registered beekeeper; or an
  454  aquaculture species raised at a certified aquaculture facility,
  455  a $10,000 fine shall be imposed.
  456         8. Any fire extinguisher.
  457         9. Any amount of citrus fruit consisting of 2,000 or more
  458  individual pieces of fruit.
  459         10. Taken from a designated construction site identified by
  460  the posting of a sign as provided for in s. 810.09(2)(d).
  461         11. Any stop sign.
  462         12. Anhydrous ammonia.
  463         13. Any amount of a controlled substance as defined in s.
  464  893.02. Notwithstanding any other law, separate judgments and
  465  sentences for theft of a controlled substance under this
  466  subparagraph and for any applicable possession of controlled
  467  substance offense under s. 893.13 or trafficking in controlled
  468  substance offense under s. 893.135 may be imposed when all such
  469  offenses involve the same amount or amounts of a controlled
  470  substance.
  471  
  472  However, if the property is stolen within a county that is
  473  subject to a state of emergency declared by the Governor under
  474  chapter 252, the property is stolen after the declaration of
  475  emergency is made, and the perpetration of the theft is
  476  facilitated by conditions arising from the emergency, the
  477  offender commits a felony of the second degree, punishable as
  478  provided in s. 775.082, s. 775.083, or s. 775.084, if the
  479  property is valued at $5,000 or more, but less than $10,000, as
  480  provided under subparagraph 2., or if the property is valued at
  481  $10,000 or more, but less than $20,000, as provided under
  482  subparagraph 3. As used in this paragraph, the term “conditions
  483  arising from the emergency” means civil unrest, power outages,
  484  curfews, voluntary or mandatory evacuations, or a reduction in
  485  the presence of or the response time for first responders or
  486  homeland security personnel. For purposes of sentencing under
  487  chapter 921, a felony offense that is reclassified under this
  488  paragraph is ranked one level above the ranking under s.
  489  921.0022 or s. 921.0023 of the offense committed.
  490         Section 11. For the purpose of incorporating the amendment
  491  made by this act to section 893.135, Florida Statutes, in a
  492  reference thereto, paragraph (d) of subsection (8) of section
  493  893.13, Florida Statutes, is reenacted to read:
  494         893.13 Prohibited acts; penalties.—
  495         (8)
  496         (d) Notwithstanding paragraph (c), if a prescribing
  497  practitioner has violated paragraph (a) and received $1,000 or
  498  more in payment for writing one or more prescriptions or, in the
  499  case of a prescription written for a controlled substance
  500  described in s. 893.135, has written one or more prescriptions
  501  for a quantity of a controlled substance which, individually or
  502  in the aggregate, meets the threshold for the offense of
  503  trafficking in a controlled substance under s. 893.135, the
  504  violation is reclassified as a felony of the second degree and
  505  ranked in level 4 of the Criminal Punishment Code.
  506         Section 12. For the purpose of incorporating the amendment
  507  made by this act to section 893.135, Florida Statutes, in
  508  references thereto, subsections (1) and (2) of section 893.1351,
  509  Florida Statutes, are reenacted to read:
  510         893.1351 Ownership, lease, rental, or possession for
  511  trafficking in or manufacturing a controlled substance.—
  512         (1) A person may not own, lease, or rent any place,
  513  structure, or part thereof, trailer, or other conveyance with
  514  the knowledge that the place, structure, trailer, or conveyance
  515  will be used for the purpose of trafficking in a controlled
  516  substance, as provided in s. 893.135; for the sale of a
  517  controlled substance, as provided in s. 893.13; or for the
  518  manufacture of a controlled substance intended for sale or
  519  distribution to another. A person who violates this subsection
  520  commits a felony of the third degree, punishable as provided in
  521  s. 775.082, s. 775.083, or s. 775.084.
  522         (2) A person may not knowingly be in actual or constructive
  523  possession of any place, structure, or part thereof, trailer, or
  524  other conveyance with the knowledge that the place, structure,
  525  or part thereof, trailer, or conveyance will be used for the
  526  purpose of trafficking in a controlled substance, as provided in
  527  s. 893.135; for the sale of a controlled substance, as provided
  528  in s. 893.13; or for the manufacture of a controlled substance
  529  intended for sale or distribution to another. A person who
  530  violates this subsection commits a felony of the second degree,
  531  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  532         Section 13. For the purpose of incorporating the amendment
  533  made by this act to section 893.135, Florida Statutes, in a
  534  reference thereto, paragraph (e) of subsection (3) of section
  535  900.05, Florida Statutes, is reenacted to read:
  536         900.05 Criminal justice data collection.—
  537         (3) DATA COLLECTION AND REPORTING.—Beginning January 1,
  538  2019, an entity required to collect data in accordance with this
  539  subsection shall collect the specified data required of the
  540  entity on a biweekly basis. Each entity shall report the data
  541  collected in accordance with this subsection to the Department
  542  of Law Enforcement on a monthly basis.
  543         (e) Department of Corrections.—The Department of
  544  Corrections shall collect the following data:
  545         1. Information related to each inmate, including:
  546         a. Identifying information, including name, date of birth,
  547  race or ethnicity, and identification number assigned by the
  548  department.
  549         b. Number of children.
  550         c. Education level, including any vocational training.
  551         d. Date the inmate was admitted to the custody of the
  552  department.
  553         e. Current institution placement and the security level
  554  assigned to the institution.
  555         f. Custody level assignment.
  556         g. Qualification for a flag designation as defined in this
  557  section, including sexual offender flag, habitual offender flag,
  558  gang affiliation flag, or concurrent or consecutive sentence
  559  flag.
  560         h. County that committed the prisoner to the custody of the
  561  department.
  562         i. Whether the reason for admission to the department is
  563  for a new conviction or a violation of probation, community
  564  control, or parole. For an admission for a probation, community
  565  control, or parole violation, the department shall report
  566  whether the violation was technical or based on a new violation
  567  of law.
  568         j. Specific statutory citation for which the inmate was
  569  committed to the department, including, for an inmate convicted
  570  of drug trafficking under s. 893.135, the statutory citation for
  571  each specific drug trafficked.
  572         k. Length of sentence or concurrent or consecutive
  573  sentences served.
  574         l. Tentative release date.
  575         m. Gain time earned in accordance with s. 944.275.
  576         n. Prior incarceration within the state.
  577         o. Disciplinary violation and action.
  578         p. Participation in rehabilitative or educational programs
  579  while in the custody of the department.
  580         2. Information about each state correctional institution or
  581  facility, including:
  582         a. Budget for each state correctional institution or
  583  facility.
  584         b. Daily prison population of all inmates incarcerated in a
  585  state correctional institution or facility.
  586         c. Daily number of correctional officers for each state
  587  correctional institution or facility.
  588         3. Information related to persons supervised by the
  589  department on probation or community control, including:
  590         a. Identifying information for each person supervised by
  591  the department on probation or community control, including his
  592  or her name, date of birth, race or ethnicity, sex, and
  593  department-assigned case number.
  594         b. Length of probation or community control sentence
  595  imposed and amount of time that has been served on such
  596  sentence.
  597         c. Projected termination date for probation or community
  598  control.
  599         d. Revocation of probation or community control due to a
  600  violation, including whether the revocation is due to a
  601  technical violation of the conditions of supervision or from the
  602  commission of a new law violation.
  603         4. Per diem rates for:
  604         a. Prison bed.
  605         b. Probation.
  606         c. Community control.
  607  
  608  This information only needs to be reported once annually at the
  609  time the most recent per diem rate is published.
  610         Section 14. For the purpose of incorporating the amendment
  611  made by this act to section 893.135, Florida Statutes, in a
  612  reference thereto, section 903.133, Florida Statutes, is
  613  reenacted to read:
  614         903.133 Bail on appeal; prohibited for certain felony
  615  convictions.—Notwithstanding the provisions of s. 903.132, no
  616  person adjudged guilty of a felony of the first degree for a
  617  violation of s. 782.04(2) or (3), s. 787.01, s. 794.011(4), s.
  618  806.01, s. 893.13, or s. 893.135, or adjudged guilty of a
  619  violation of s. 794.011(2) or (3), shall be admitted to bail
  620  pending review either by posttrial motion or appeal.
  621         Section 15. For the purpose of incorporating the amendment
  622  made by this act to section 893.135, Florida Statutes, in a
  623  reference thereto, paragraph (c) of subsection (4) of section
  624  907.041, Florida Statutes, is reenacted to read:
  625         907.041 Pretrial detention and release.—
  626         (4) PRETRIAL DETENTION.—
  627         (c) The court may order pretrial detention if it finds a
  628  substantial probability, based on a defendant’s past and present
  629  patterns of behavior, the criteria in s. 903.046, and any other
  630  relevant facts, that any of the following circumstances exist:
  631         1. The defendant has previously violated conditions of
  632  release and that no further conditions of release are reasonably
  633  likely to assure the defendant’s appearance at subsequent
  634  proceedings;
  635         2. The defendant, with the intent to obstruct the judicial
  636  process, has threatened, intimidated, or injured any victim,
  637  potential witness, juror, or judicial officer, or has attempted
  638  or conspired to do so, and that no condition of release will
  639  reasonably prevent the obstruction of the judicial process;
  640         3. The defendant is charged with trafficking in controlled
  641  substances as defined by s. 893.135, that there is a substantial
  642  probability that the defendant has committed the offense, and
  643  that no conditions of release will reasonably assure the
  644  defendant’s appearance at subsequent criminal proceedings;
  645         4. The defendant is charged with DUI manslaughter, as
  646  defined by s. 316.193, and that there is a substantial
  647  probability that the defendant committed the crime and that the
  648  defendant poses a threat of harm to the community; conditions
  649  that would support a finding by the court pursuant to this
  650  subparagraph that the defendant poses a threat of harm to the
  651  community include, but are not limited to, any of the following:
  652         a. The defendant has previously been convicted of any crime
  653  under s. 316.193, or of any crime in any other state or
  654  territory of the United States that is substantially similar to
  655  any crime under s. 316.193;
  656         b. The defendant was driving with a suspended driver
  657  license when the charged crime was committed; or
  658         c. The defendant has previously been found guilty of, or
  659  has had adjudication of guilt withheld for, driving while the
  660  defendant’s driver license was suspended or revoked in violation
  661  of s. 322.34;
  662         5. The defendant poses the threat of harm to the community.
  663  The court may so conclude, if it finds that the defendant is
  664  presently charged with a dangerous crime, that there is a
  665  substantial probability that the defendant committed such crime,
  666  that the factual circumstances of the crime indicate a disregard
  667  for the safety of the community, and that there are no
  668  conditions of release reasonably sufficient to protect the
  669  community from the risk of physical harm to persons;
  670         6. The defendant was on probation, parole, or other release
  671  pending completion of sentence or on pretrial release for a
  672  dangerous crime at the time the current offense was committed;
  673         7. The defendant has violated one or more conditions of
  674  pretrial release or bond for the offense currently before the
  675  court and the violation, in the discretion of the court,
  676  supports a finding that no conditions of release can reasonably
  677  protect the community from risk of physical harm to persons or
  678  assure the presence of the accused at trial; or
  679         8.a. The defendant has ever been sentenced pursuant to s.
  680  775.082(9) or s. 775.084 as a prison releasee reoffender,
  681  habitual violent felony offender, three-time violent felony
  682  offender, or violent career criminal, or the state attorney
  683  files a notice seeking that the defendant be sentenced pursuant
  684  to s. 775.082(9) or s. 775.084, as a prison releasee reoffender,
  685  habitual violent felony offender, three-time violent felony
  686  offender, or violent career criminal;
  687         b. There is a substantial probability that the defendant
  688  committed the offense; and
  689         c. There are no conditions of release that can reasonably
  690  protect the community from risk of physical harm or ensure the
  691  presence of the accused at trial.
  692         Section 16. For the purpose of incorporating the amendment
  693  made by this act to section 893.135, Florida Statutes, in a
  694  reference thereto, paragraph (b) of subsection (1) of section
  695  921.0024, Florida Statutes, is reenacted to read:
  696         921.0024 Criminal Punishment Code; worksheet computations;
  697  scoresheets.—
  698         (1)
  699         (b) WORKSHEET KEY:
  700  
  701  Legal status points are assessed when any form of legal status
  702  existed at the time the offender committed an offense before the
  703  court for sentencing. Four (4) sentence points are assessed for
  704  an offender’s legal status.
  705  
  706  Community sanction violation points are assessed when a
  707  community sanction violation is before the court for sentencing.
  708  Six (6) sentence points are assessed for each community sanction
  709  violation and each successive community sanction violation,
  710  unless any of the following apply:
  711         1. If the community sanction violation includes a new
  712  felony conviction before the sentencing court, twelve (12)
  713  community sanction violation points are assessed for the
  714  violation, and for each successive community sanction violation
  715  involving a new felony conviction.
  716         2. If the community sanction violation is committed by a
  717  violent felony offender of special concern as defined in s.
  718  948.06:
  719         a. Twelve (12) community sanction violation points are
  720  assessed for the violation and for each successive violation of
  721  felony probation or community control where:
  722         I. The violation does not include a new felony conviction;
  723  and
  724         II. The community sanction violation is not based solely on
  725  the probationer or offender’s failure to pay costs or fines or
  726  make restitution payments.
  727         b. Twenty-four (24) community sanction violation points are
  728  assessed for the violation and for each successive violation of
  729  felony probation or community control where the violation
  730  includes a new felony conviction.
  731  
  732  Multiple counts of community sanction violations before the
  733  sentencing court shall not be a basis for multiplying the
  734  assessment of community sanction violation points.
  735  
  736  Prior serious felony points: If the offender has a primary
  737  offense or any additional offense ranked in level 8, level 9, or
  738  level 10, and one or more prior serious felonies, a single
  739  assessment of thirty (30) points shall be added. For purposes of
  740  this section, a prior serious felony is an offense in the
  741  offender’s prior record that is ranked in level 8, level 9, or
  742  level 10 under s. 921.0022 or s. 921.0023 and for which the
  743  offender is serving a sentence of confinement, supervision, or
  744  other sanction or for which the offender’s date of release from
  745  confinement, supervision, or other sanction, whichever is later,
  746  is within 3 years before the date the primary offense or any
  747  additional offense was committed.
  748  
  749  Prior capital felony points: If the offender has one or more
  750  prior capital felonies in the offender’s criminal record, points
  751  shall be added to the subtotal sentence points of the offender
  752  equal to twice the number of points the offender receives for
  753  the primary offense and any additional offense. A prior capital
  754  felony in the offender’s criminal record is a previous capital
  755  felony offense for which the offender has entered a plea of nolo
  756  contendere or guilty or has been found guilty; or a felony in
  757  another jurisdiction which is a capital felony in that
  758  jurisdiction, or would be a capital felony if the offense were
  759  committed in this state.
  760  
  761  Possession of a firearm, semiautomatic firearm, or machine gun:
  762  If the offender is convicted of committing or attempting to
  763  commit any felony other than those enumerated in s. 775.087(2)
  764  while having in his or her possession: a firearm as defined in
  765  s. 790.001(6), an additional eighteen (18) sentence points are
  766  assessed; or if the offender is convicted of committing or
  767  attempting to commit any felony other than those enumerated in
  768  s. 775.087(3) while having in his or her possession a
  769  semiautomatic firearm as defined in s. 775.087(3) or a machine
  770  gun as defined in s. 790.001(9), an additional twenty-five (25)
  771  sentence points are assessed.
  772  
  773  Sentencing multipliers:
  774  
  775  Drug trafficking: If the primary offense is drug trafficking
  776  under s. 893.135, the subtotal sentence points are multiplied,
  777  at the discretion of the court, for a level 7 or level 8
  778  offense, by 1.5. The state attorney may move the sentencing
  779  court to reduce or suspend the sentence of a person convicted of
  780  a level 7 or level 8 offense, if the offender provides
  781  substantial assistance as described in s. 893.135(4).
  782  
  783  Law enforcement protection: If the primary offense is a
  784  violation of the Law Enforcement Protection Act under s.
  785  775.0823(2), (3), or (4), the subtotal sentence points are
  786  multiplied by 2.5. If the primary offense is a violation of s.
  787  775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
  788  are multiplied by 2.0. If the primary offense is a violation of
  789  s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement
  790  Protection Act under s. 775.0823(10) or (11), the subtotal
  791  sentence points are multiplied by 1.5.
  792  
  793  Grand theft of a motor vehicle: If the primary offense is grand
  794  theft of the third degree involving a motor vehicle and in the
  795  offender’s prior record, there are three or more grand thefts of
  796  the third degree involving a motor vehicle, the subtotal
  797  sentence points are multiplied by 1.5.
  798  
  799  Offense related to a criminal gang: If the offender is convicted
  800  of the primary offense and committed that offense for the
  801  purpose of benefiting, promoting, or furthering the interests of
  802  a criminal gang as defined in s. 874.03, the subtotal sentence
  803  points are multiplied by 1.5. If applying the multiplier results
  804  in the lowest permissible sentence exceeding the statutory
  805  maximum sentence for the primary offense under chapter 775, the
  806  court may not apply the multiplier and must sentence the
  807  defendant to the statutory maximum sentence.
  808  
  809  Domestic violence in the presence of a child: If the offender is
  810  convicted of the primary offense and the primary offense is a
  811  crime of domestic violence, as defined in s. 741.28, which was
  812  committed in the presence of a child under 16 years of age who
  813  is a family or household member as defined in s. 741.28(3) with
  814  the victim or perpetrator, the subtotal sentence points are
  815  multiplied by 1.5.
  816  
  817  Adult-on-minor sex offense: If the offender was 18 years of age
  818  or older and the victim was younger than 18 years of age at the
  819  time the offender committed the primary offense, and if the
  820  primary offense was an offense committed on or after October 1,
  821  2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the
  822  violation involved a victim who was a minor and, in the course
  823  of committing that violation, the defendant committed a sexual
  824  battery under chapter 794 or a lewd act under s. 800.04 or s.
  825  847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s.
  826  787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s.
  827  800.04; or s. 847.0135(5), the subtotal sentence points are
  828  multiplied by 2.0. If applying the multiplier results in the
  829  lowest permissible sentence exceeding the statutory maximum
  830  sentence for the primary offense under chapter 775, the court
  831  may not apply the multiplier and must sentence the defendant to
  832  the statutory maximum sentence.
  833         Section 17. This act shall take effect October 1, 2019.