Florida Senate - 2022                          SENATOR AMENDMENT
       Bill No. CS for HB 95
       
       
       
       
       
       
                                Ì541410aÎ541410                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AE/2R         .           Floor: CA            
             03/03/2022 06:06 PM       .      03/11/2022 11:12 AM       
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       Senator Brodeur moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (a) of subsection (1) and subsection
    6  (4) of section 782.04, Florida Statutes, are amended to read:
    7         782.04 Murder.—
    8         (1)(a) The unlawful killing of a human being:
    9         1. When perpetrated from a premeditated design to effect
   10  the death of the person killed or any human being;
   11         2. When committed by a person engaged in the perpetration
   12  of, or in the attempt to perpetrate, any:
   13         a. Trafficking offense prohibited by s. 893.135(1),
   14         b. Arson,
   15         c. Sexual battery,
   16         d. Robbery,
   17         e. Burglary,
   18         f. Kidnapping,
   19         g. Escape,
   20         h. Aggravated child abuse,
   21         i. Aggravated abuse of an elderly person or disabled adult,
   22         j. Aircraft piracy,
   23         k. Unlawful throwing, placing, or discharging of a
   24  destructive device or bomb,
   25         l. Carjacking,
   26         m. Home-invasion robbery,
   27         n. Aggravated stalking,
   28         o. Murder of another human being,
   29         p. Resisting an officer with violence to his or her person,
   30         q. Aggravated fleeing or eluding with serious bodily injury
   31  or death,
   32         r. Felony that is an act of terrorism or is in furtherance
   33  of an act of terrorism, including a felony under s. 775.30, s.
   34  775.32, s. 775.33, s. 775.34, or s. 775.35, or
   35         s. Human trafficking; or
   36         3. Which resulted from the unlawful distribution by a
   37  person 18 years of age or older of any of the following
   38  substances, or mixture containing any of the following
   39  substances, when such substance or mixture is proven to be the
   40  proximate cause of the death of the user:
   41         a. A substance controlled under s. 893.03(1);
   42         b. Cocaine, as described in s. 893.03(2)(a)4.;
   43         c. Opium or any synthetic or natural salt, compound,
   44  derivative, or preparation of opium;
   45         d. Methadone;
   46         e. Alfentanil, as described in s. 893.03(2)(b)1.;
   47         f. Carfentanil, as described in s. 893.03(2)(b)6.;
   48         g. Fentanyl, as described in s. 893.03(2)(b)9.;
   49         h. Sufentanil, as described in s. 893.03(2)(b)30.; or
   50         i. Methamphetamine, as described in s. 893.03(2)(c)5.; or
   51         j. A controlled substance analog, as described in s.
   52  893.0356, of any substance specified in sub-subparagraphs a.-i.
   53  sub-subparagraphs a.-h.,
   54  
   55  is murder in the first degree and constitutes a capital felony,
   56  punishable as provided in s. 775.082.
   57         (4) The unlawful killing of a human being, when perpetrated
   58  without any design to effect death, by a person engaged in the
   59  perpetration of, or in the attempt to perpetrate, any felony
   60  other than any:
   61         (a) Trafficking offense prohibited by s. 893.135(1),
   62         (b) Arson,
   63         (c) Sexual battery,
   64         (d) Robbery,
   65         (e) Burglary,
   66         (f) Kidnapping,
   67         (g) Escape,
   68         (h) Aggravated child abuse,
   69         (i) Aggravated abuse of an elderly person or disabled
   70  adult,
   71         (j) Aircraft piracy,
   72         (k) Unlawful throwing, placing, or discharging of a
   73  destructive device or bomb,
   74         (l) Unlawful distribution of any substance listed in sub
   75  subparagraphs (1)(a)3.a.–j. controlled under s. 893.03(1),
   76  cocaine as described in s. 893.03(2)(a)4., or opium or any
   77  synthetic or natural salt, compound, derivative, or preparation
   78  of opium by a person 18 years of age or older, when such
   79  substance drug is proven to be the proximate cause of the death
   80  of the user,
   81         (m) Carjacking,
   82         (n) Home-invasion robbery,
   83         (o) Aggravated stalking,
   84         (p) Murder of another human being,
   85         (q) Aggravated fleeing or eluding with serious bodily
   86  injury or death,
   87         (r) Resisting an officer with violence to his or her
   88  person, or
   89         (s) Felony that is an act of terrorism or is in furtherance
   90  of an act of terrorism, including a felony under s. 775.30, s.
   91  775.32, s. 775.33, s. 775.34, or s. 775.35,
   92  
   93  is murder in the third degree and constitutes a felony of the
   94  second degree, punishable as provided in s. 775.082, s. 775.083,
   95  or s. 775.084.
   96         Section 2. Paragraphs (e) and (h) of subsection (1) of
   97  section 893.13, Florida Statutes, are amended to read:
   98         893.13 Prohibited acts; penalties.—
   99         (1)
  100         (e) Except as authorized by this chapter, a person may not
  101  sell, manufacture, or deliver, or possess with intent to sell,
  102  manufacture, or deliver, a controlled substance not authorized
  103  by law in, on, or within 1,000 feet of a physical place for
  104  worship at which a church or religious organization regularly
  105  conducts religious services when such church or religious
  106  organization is conducting services or other activities or
  107  within 1,000 feet of a convenience business as defined in s.
  108  812.171. A person who violates this paragraph with respect to:
  109         1. A controlled substance named or described in s.
  110  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.
  111  commits a felony of the first degree, punishable as provided in
  112  s. 775.082, s. 775.083, or s. 775.084.
  113         2. A controlled substance named or described in s.
  114  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7.,
  115  (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a felony of
  116  the second degree, punishable as provided in s. 775.082, s.
  117  775.083, or s. 775.084.
  118         3. Any other controlled substance, except as lawfully sold,
  119  manufactured, or delivered, must be sentenced to pay a $500 fine
  120  and to serve 100 hours of public service in addition to any
  121  other penalty prescribed by law.
  122         (h) Except as authorized by this chapter, a person may not
  123  sell, manufacture, or deliver, or possess with intent to sell,
  124  manufacture, or deliver, a controlled substance in, on, or
  125  within 1,000 feet of the real property comprising a mental
  126  health facility, as that term is used in chapter 394; a health
  127  care facility licensed under chapter 395 which provides
  128  substance abuse treatment; a licensed service provider as
  129  defined in s. 397.311; a facility providing services that
  130  include clinical treatment, intervention, or prevention as
  131  described in s. 397.311(26); a recovery residence as defined in
  132  s. 397.311; an assisted living facility, as defined that term is
  133  used in chapter 429; or a pain management clinic as defined in
  134  s. 458.3265(1)(a)1.c. or s. 459.0137(1)(a)1.c. A person who
  135  violates this paragraph with respect to:
  136         1. A controlled substance named or described in s.
  137  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.
  138  commits a felony of the first degree, punishable as provided in
  139  s. 775.082, s. 775.083, or s. 775.084.
  140         2. A controlled substance named or described in s.
  141  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7.,
  142  (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a felony of
  143  the second degree, punishable as provided in s. 775.082, s.
  144  775.083, or s. 775.084.
  145         3. Any other controlled substance, except as lawfully sold,
  146  manufactured, or delivered, must be sentenced to pay a $500 fine
  147  and to serve 100 hours of public service in addition to any
  148  other penalty prescribed by law.
  149         Section 3. Paragraph (c) of subsection (1) of section
  150  893.135, Florida Statutes, is amended to read:
  151         893.135 Trafficking; mandatory sentences; suspension or
  152  reduction of sentences; conspiracy to engage in trafficking.—
  153         (1) Except as authorized in this chapter or in chapter 499
  154  and notwithstanding the provisions of s. 893.13:
  155         (c)1. A person who knowingly sells, purchases,
  156  manufactures, delivers, or brings into this state, or who is
  157  knowingly in actual or constructive possession of, 4 grams or
  158  more of any morphine, opium, hydromorphone, or any salt,
  159  derivative, isomer, or salt of an isomer thereof, including
  160  heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or
  161  (3)(c)4., or 4 grams or more of any mixture containing any such
  162  substance, but less than 30 kilograms of such substance or
  163  mixture, commits a felony of the first degree, which felony
  164  shall be known as “trafficking in illegal drugs,” punishable as
  165  provided in s. 775.082, s. 775.083, or s. 775.084. If the
  166  quantity involved:
  167         a. Is 4 grams or more, but less than 14 grams, such person
  168  shall be sentenced to a mandatory minimum term of imprisonment
  169  of 3 years and shall be ordered to pay a fine of $50,000.
  170         b. Is 14 grams or more, but less than 28 grams, such person
  171  shall be sentenced to a mandatory minimum term of imprisonment
  172  of 15 years and shall be ordered to pay a fine of $100,000.
  173         c. Is 28 grams or more, but less than 30 kilograms, such
  174  person shall be sentenced to a mandatory minimum term of
  175  imprisonment of 25 years and shall be ordered to pay a fine of
  176  $500,000.
  177         2. A person who knowingly sells, purchases, manufactures,
  178  delivers, or brings into this state, or who is knowingly in
  179  actual or constructive possession of, 28 grams or more of
  180  hydrocodone, as described in s. 893.03(2)(a)1.k., codeine, as
  181  described in s. 893.03(2)(a)1.g., or any salt thereof, or 28
  182  grams or more of any mixture containing any such substance,
  183  commits a felony of the first degree, which felony shall be
  184  known as “trafficking in hydrocodone,” punishable as provided in
  185  s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
  186         a. Is 28 grams or more, but less than 50 grams, such person
  187  shall be sentenced to a mandatory minimum term of imprisonment
  188  of 3 years and shall be ordered to pay a fine of $50,000.
  189         b. Is 50 grams or more, but less than 100 grams, such
  190  person shall be sentenced to a mandatory minimum term of
  191  imprisonment of 7 years and shall be ordered to pay a fine of
  192  $100,000.
  193         c. Is 100 grams or more, but less than 300 grams, such
  194  person shall be sentenced to a mandatory minimum term of
  195  imprisonment of 15 years and shall be ordered to pay a fine of
  196  $500,000.
  197         d. Is 300 grams or more, but less than 30 kilograms, such
  198  person shall be sentenced to a mandatory minimum term of
  199  imprisonment of 25 years and shall be ordered to pay a fine of
  200  $750,000.
  201         3. A person who knowingly sells, purchases, manufactures,
  202  delivers, or brings into this state, or who is knowingly in
  203  actual or constructive possession of, 7 grams or more of
  204  oxycodone, as described in s. 893.03(2)(a)1.q., or any salt
  205  thereof, or 7 grams or more of any mixture containing any such
  206  substance, commits a felony of the first degree, which felony
  207  shall be known as “trafficking in oxycodone,” punishable as
  208  provided in s. 775.082, s. 775.083, or s. 775.084. If the
  209  quantity involved:
  210         a. Is 7 grams or more, but less than 14 grams, such person
  211  shall be sentenced to a mandatory minimum term of imprisonment
  212  of 3 years and shall be ordered to pay a fine of $50,000.
  213         b. Is 14 grams or more, but less than 25 grams, such person
  214  shall be sentenced to a mandatory minimum term of imprisonment
  215  of 7 years and shall be ordered to pay a fine of $100,000.
  216         c. Is 25 grams or more, but less than 100 grams, such
  217  person shall be sentenced to a mandatory minimum term of
  218  imprisonment of 15 years and shall be ordered to pay a fine of
  219  $500,000.
  220         d. Is 100 grams or more, but less than 30 kilograms, such
  221  person shall be sentenced to a mandatory minimum term of
  222  imprisonment of 25 years and shall be ordered to pay a fine of
  223  $750,000.
  224         4.a. A person who knowingly sells, purchases, manufactures,
  225  delivers, or brings into this state, or who is knowingly in
  226  actual or constructive possession of, 4 grams or more of:
  227         (I) Alfentanil, as described in s. 893.03(2)(b)1.;
  228         (II) Carfentanil, as described in s. 893.03(2)(b)6.;
  229         (III) Fentanyl, as described in s. 893.03(2)(b)9.;
  230         (IV) Sufentanil, as described in s. 893.03(2)(b)30.;
  231         (V) A fentanyl derivative, as described in s.
  232  893.03(1)(a)62.;
  233         (VI) A controlled substance analog, as described in s.
  234  893.0356, of any substance described in sub-sub-subparagraphs
  235  (I)-(V); or
  236         (VII) A mixture containing any substance described in sub
  237  sub-subparagraphs (I)-(VI),
  238  
  239  commits a felony of the first degree, which felony shall be
  240  known as “trafficking in dangerous fentanyl or fentanyl
  241  analogues,” punishable as provided in s. 775.082, s. 775.083, or
  242  s. 775.084.
  243         b. If the quantity involved under sub-subparagraph a.:
  244         (I) Is 4 grams or more, but less than 14 grams, such person
  245  shall be sentenced to a mandatory minimum term of imprisonment
  246  of 7 3 years, and shall be ordered to pay a fine of $50,000.
  247         (II) Is 14 grams or more, but less than 28 grams, such
  248  person shall be sentenced to a mandatory minimum term of
  249  imprisonment of 20 15 years, and shall be ordered to pay a fine
  250  of $100,000.
  251         (III) Is 28 grams or more, such person shall be sentenced
  252  to a mandatory minimum term of imprisonment of 25 years, and
  253  shall be ordered to pay a fine of $500,000.
  254         5. A person who knowingly sells, purchases, manufactures,
  255  delivers, or brings into this state, or who is knowingly in
  256  actual or constructive possession of, 30 kilograms or more of
  257  any morphine, opium, oxycodone, hydrocodone, codeine,
  258  hydromorphone, or any salt, derivative, isomer, or salt of an
  259  isomer thereof, including heroin, as described in s.
  260  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or
  261  more of any mixture containing any such substance, commits the
  262  first degree felony of trafficking in illegal drugs. A person
  263  who has been convicted of the first degree felony of trafficking
  264  in illegal drugs under this subparagraph shall be punished by
  265  life imprisonment and is ineligible for any form of
  266  discretionary early release except pardon or executive clemency
  267  or conditional medical release under s. 947.149. However, if the
  268  court determines that, in addition to committing any act
  269  specified in this paragraph:
  270         a. The person intentionally killed an individual or
  271  counseled, commanded, induced, procured, or caused the
  272  intentional killing of an individual and such killing was the
  273  result; or
  274         b. The person’s conduct in committing that act led to a
  275  natural, though not inevitable, lethal result,
  276  
  277  such person commits the capital felony of trafficking in illegal
  278  drugs, punishable as provided in ss. 775.082 and 921.142. A
  279  person sentenced for a capital felony under this paragraph shall
  280  also be sentenced to pay the maximum fine provided under
  281  subparagraph 1.
  282         6. A person who knowingly brings into this state 60
  283  kilograms or more of any morphine, opium, oxycodone,
  284  hydrocodone, codeine, hydromorphone, or any salt, derivative,
  285  isomer, or salt of an isomer thereof, including heroin, as
  286  described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or
  287  60 kilograms or more of any mixture containing any such
  288  substance, and who knows that the probable result of such
  289  importation would be the death of a person, commits capital
  290  importation of illegal drugs, a capital felony punishable as
  291  provided in ss. 775.082 and 921.142. A person sentenced for a
  292  capital felony under this paragraph shall also be sentenced to
  293  pay the maximum fine provided under subparagraph 1.
  294         Section 4. Subsection (4) of section 893.145, Florida
  295  Statutes, is amended to read:
  296         893.145 “Drug paraphernalia” defined.—The term “drug
  297  paraphernalia” means all equipment, products, and materials of
  298  any kind which are used, intended for use, or designed for use
  299  in planting, propagating, cultivating, growing, harvesting,
  300  manufacturing, compounding, converting, producing, processing,
  301  preparing, testing, analyzing, packaging, repackaging, storing,
  302  containing, concealing, transporting, injecting, ingesting,
  303  inhaling, or otherwise introducing into the human body a
  304  controlled substance in violation of this chapter or s. 877.111.
  305  Drug paraphernalia is deemed to be contraband which shall be
  306  subject to civil forfeiture. The term includes, but is not
  307  limited to:
  308         (4) Testing equipment used, intended for use, or designed
  309  for use in identifying, or in analyzing the strength,
  310  effectiveness, or purity of, controlled substances, excluding
  311  narcotic drug testing products that are used to determine
  312  whether a controlled substance contains fentanyl as described in
  313  s. 893.03(2)(b)9. or a controlled substance analog, as defined
  314  in s. 893.0356, of fentanyl.
  315         Section 5. This act shall take effect October 1, 2022.
  316  
  317  ================= T I T L E  A M E N D M E N T ================
  318  And the title is amended as follows:
  319         Delete everything before the enacting clause
  320  and insert:
  321                        A bill to be entitled                      
  322         An act relating to controlled substances; amending s.
  323         782.04, F.S.; revising the elements that constitute
  324         the capital offense of murder in the first degree;
  325         revising the elements that constitute the felony
  326         offense of murder in the third degree; amending s.
  327         893.13, F.S.; revising specified prohibited activities
  328         involving controlled substances within 1,000 feet of
  329         specified places of worship when churches or religious
  330         organizations are conducting services or other
  331         activities; prohibiting specified activities involving
  332         controlled substances within 1,000 feet of additional
  333         specified facilities; providing criminal penalties;
  334         amending s. 893.135, F.S.; renaming what the violation
  335         of specified offenses are known as from “trafficking
  336         in fentanyl” to “trafficking in dangerous fentanyl or
  337         fentanyl analogues”; increasing the mandatory minimum
  338         terms of imprisonment for specified offenses; amending
  339         s. 893.145, F.S.; revising the definition of the term
  340         “drug paraphernalia”; providing an effective date.