Florida Senate - 2023 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 280
Ì7187600Î718760
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/13/2023 .
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The Committee on Fiscal Policy (Brodeur) recommended the
following:
1 Senate Substitute for Amendment (773068) (with title
2 amendment)
3
4 Delete everything after the enacting clause
5 and insert:
6 Section 1. Paragraph (a) of subsection (1) and subsections
7 (4) and (5) of section 782.04, Florida Statutes, are amended to
8 read:
9 782.04 Murder.—
10 (1)(a) The unlawful killing of a human being:
11 1. When perpetrated from a premeditated design to effect
12 the death of the person killed or any human being;
13 2. When committed by a person engaged in the perpetration
14 of, or in the attempt to perpetrate, any:
15 a. Trafficking offense prohibited by s. 893.135(1),
16 b. Arson,
17 c. Sexual battery,
18 d. Robbery,
19 e. Burglary,
20 f. Kidnapping,
21 g. Escape,
22 h. Aggravated child abuse,
23 i. Aggravated abuse of an elderly person or disabled adult,
24 j. Aircraft piracy,
25 k. Unlawful throwing, placing, or discharging of a
26 destructive device or bomb,
27 l. Carjacking,
28 m. Home-invasion robbery,
29 n. Aggravated stalking,
30 o. Murder of another human being,
31 p. Resisting an officer with violence to his or her person,
32 q. Aggravated fleeing or eluding with serious bodily injury
33 or death,
34 r. Felony that is an act of terrorism or is in furtherance
35 of an act of terrorism, including a felony under s. 775.30, s.
36 775.32, s. 775.33, s. 775.34, or s. 775.35, or
37 s. Human trafficking; or
38 3. Which resulted from the unlawful distribution by a
39 person 18 years of age or older of any of the following
40 substances, or mixture containing any of the following
41 substances, when such substance or mixture is proven to have
42 caused, or is proven to be a substantial factor in producing, be
43 the proximate cause of the death of the user:
44 a. A substance controlled under s. 893.03(1);
45 b. Cocaine, as described in s. 893.03(2)(a)4.;
46 c. Opium or any synthetic or natural salt, compound,
47 derivative, or preparation of opium;
48 d. Methadone;
49 e. Alfentanil, as described in s. 893.03(2)(b)1.;
50 f. Carfentanil, as described in s. 893.03(2)(b)6.;
51 g. Fentanyl, as described in s. 893.03(2)(b)9.;
52 h. Sufentanil, as described in s. 893.03(2)(b)30.;
53 i. Methamphetamine, as described in s. 893.03(2)(c)5.; or
54 j. A controlled substance analog, as described in s.
55 893.0356, of any substance specified in sub-subparagraphs a.-i.,
56
57 is murder in the first degree and constitutes a capital felony,
58 punishable as provided in s. 775.082.
59 (4) The unlawful killing of a human being, when perpetrated
60 without any design to effect death, by a person engaged in the
61 perpetration of, or in the attempt to perpetrate, any felony
62 other than any:
63 (a) Trafficking offense prohibited by s. 893.135(1),
64 (b) Arson,
65 (c) Sexual battery,
66 (d) Robbery,
67 (e) Burglary,
68 (f) Kidnapping,
69 (g) Escape,
70 (h) Aggravated child abuse,
71 (i) Aggravated abuse of an elderly person or disabled
72 adult,
73 (j) Aircraft piracy,
74 (k) Unlawful throwing, placing, or discharging of a
75 destructive device or bomb,
76 (l) Unlawful distribution of any substance listed in sub
77 subparagraphs (1)(a)3.a.-j. by a person 18 years of age or
78 older, when such substance is proven to have caused, or is
79 proven to have been a substantial factor in producing, be the
80 proximate cause of the death 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 (5) As used in this section, the term:
97 (a) “Substantial factor” means that the use of the
98 substance or mixture alone is sufficient to cause death,
99 regardless of whether any other substance or mixture used is
100 also sufficient to cause death.
101 (b) “Terrorism” means an activity that:
102 (a)1.a. Involves a violent act or an act dangerous to human
103 life which is a violation of the criminal laws of this state or
104 of the United States; or
105 b.2. Involves a violation of s. 815.06; and
106 2.(b) Is intended to:
107 a.1. Intimidate, injure, or coerce a civilian population;
108 b.2. Influence the policy of a government by intimidation
109 or coercion; or
110 c.3. Affect the conduct of government through destruction
111 of property, assassination, murder, kidnapping, or aircraft
112 piracy.
113 Section 2. Section 893.131, Florida Statutes, is created to
114 read:
115 893.131 Distribution of controlled substances resulting in
116 injury or overdose.—
117 (1) As used in this section, the term:
118 (a) “Emergency opioid antagonist” has the same meaning as
119 in s. 381.887.
120 (b) “Injury or overdose” means drug toxicity or the
121 temporary loss of locomotor activity, motor coordination, or
122 consciousness or cognitive impairment.
123 (c) “Medical care” means the administration of treatment
124 for the purposes of preserving or sustaining life or the
125 administration of an emergency opioid antagonist.
126 (d) “Substantial factor” means that the use of a substance
127 or mixture alone is sufficient to cause an injury or overdose,
128 regardless of whether any other substance or mixture used is
129 also sufficient to cause an injury or overdose.
130 (2)(a) Except as provided in paragraph (b), a person 18
131 years of age or older who unlawfully distributes:
132 1. Heroin, as described in s. 893.03(1)(b)11.;
133 2. Alfentanil, as described in s. 893.03(2)(b)1.;
134 3. Carfentanil, as described in s. 893.03(2)(b)6.;
135 4. Fentanyl, as described in s. 893.03(2)(b)9.;
136 5. Sufentanil, as described in s. 893.03(2)(b)30.;
137 6. Fentanyl derivatives, as described in s.
138 893.03(1)(a)62.;
139 7. A controlled substance analog, as described in s.
140 893.0356, of any substance specified in subparagraphs 1.-6.; or
141 8. A mixture containing any substance specified in
142 subparagraphs 1.-7.,
143
144 and an injury or overdose of the user results, commits a felony
145 of the second degree, punishable as provided in s. 775.082, s.
146 775.083, or s. 775.084, when such substance or mixture is proven
147 to have caused or been a substantial factor in causing the
148 injury or overdose of the user.
149 (b) A person 18 years of age or older who commits a
150 violation of paragraph (a) and who has previously been convicted
151 of a violation of paragraph (a) commits a felony of the first
152 degree, punishable as provided in s. 775.082, s. 775.083, or s.
153 775.084.
154 (3) A person violates this section if he or she, either
155 directly or indirectly through another person, distributed to
156 the user who was injured or who overdosed the substance or
157 mixture specified in subparagraphs (2)(a)1.-8.
158 (4) The administration of medical care by an emergency
159 responder, including, but not limited to, a law enforcement
160 officer, a paramedic, or an emergency medical technician, or the
161 administration of an emergency opioid antagonist by such
162 emergency responder, is prima facie evidence that the person
163 receiving medical care was injured or overdosed.
164 (5) A person who experiences, or has a good faith belief
165 that he or she is experiencing, an alcohol-related or a drug
166 related overdose and receives medical assistance, or a person
167 acting in good faith who seeks medical assistance for an
168 individual experiencing, or believed to be experiencing, an
169 alcohol-related or a drug-related overdose, is afforded the
170 protections provided under s. 893.21.
171 Section 3. Paragraph (f) of subsection (3) of section
172 921.0022, Florida Statutes, is amended to read:
173 921.0022 Criminal Punishment Code; offense severity ranking
174 chart.—
175 (3) OFFENSE SEVERITY RANKING CHART
176 (f) LEVEL 6
177
178 FloridaStatute FelonyDegree Description
179 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.
180 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
181 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license.
182 499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement.
183 499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
184 499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
185 775.0875(1) 3rd Taking firearm from law enforcement officer.
186 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
187 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
188 784.041 3rd Felony battery; domestic battery by strangulation.
189 784.048(3) 3rd Aggravated stalking; credible threat.
190 784.048(5) 3rd Aggravated stalking of person under 16.
191 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
192 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
193 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
194 784.081(2) 2nd Aggravated assault on specified official or employee.
195 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
196 784.083(2) 2nd Aggravated assault on code inspector.
197 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
198 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
199 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
200 790.164(1) 2nd False report concerning bomb, explosive, weapon of mass destruction, act of arson or violence to state property, or use of firearms in violent manner.
201 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
202 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
203 794.05(1) 2nd Unlawful sexual activity with specified minor.
204 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years of age; offender less than 18 years.
205 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
206 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
207 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
208 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.
209 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
210 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
211 812.015(9)(a) 2nd Retail theft; property stolen $750 or more; second or subsequent conviction.
212 812.015(9)(b) 2nd Retail theft; aggregated property stolen within 30 days is $3,000 or more; coordination of others.
213 812.015(9)(d) 2nd Retail theft; multiple thefts within specified period.
214 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
215 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
216 817.49(2)(b)2. 2nd Willful making of a false report of a crime resulting in death.
217 817.505(4)(b) 2nd Patient brokering; 10 or more patients.
218 825.102(1) 3rd Abuse of an elderly person or disabled adult.
219 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
220 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
221 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
222 827.03(2)(c) 3rd Abuse of a child.
223 827.03(2)(d) 3rd Neglect of a child.
224 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
225 828.126(3) 3rd Sexual activities involving animals.
226 836.05 2nd Threats; extortion.
227 836.10 2nd Written or electronic threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
228 843.12 3rd Aids or assists person to escape.
229 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
230 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
231 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
232 893.131(2)(a) 2nd Distribution of controlled substances resulting in injury or overdose.
233 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
234 918.13(2)(b) 2nd Tampering with or fabricating physical evidence relating to a capital felony.
235 944.35(3)(a)2. 3rd Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
236 944.40 2nd Escapes.
237 944.46 3rd Harboring, concealing, aiding escaped prisoners.
238 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
239 951.22(1)(i) 3rd Firearm or weapon introduced into county detention facility.
240
241
242 Section 4. This act shall take effect July 1, 2023.
243
244 ================= T I T L E A M E N D M E N T ================
245 And the title is amended as follows:
246 Delete everything before the enacting clause
247 and insert:
248 A bill to be entitled
249 An act relating to controlled substances; amending s.
250 782.04, F.S.; revising the elements that constitute
251 the capital offense of murder in the first degree;
252 revising the elements that constitute the offense of
253 murder in the third degree and constitute a felony of
254 the second degree; defining the term “substantial
255 factor”; creating s. 893.131, F.S.; defining terms;
256 providing criminal penalties for adults who unlawfully
257 distribute specified substances or mixtures and an
258 injury or overdose of the user results; providing
259 enhanced criminal penalties for repeat offenders;
260 providing applicability and construction; amending s.
261 921.0022, F.S.; ranking an offense on the offense
262 severity ranking chart of the Criminal Punishment
263 Code; providing an effective date.