Florida Senate - 2023 CS for CS for CS for SB 280
By the Committee on Fiscal Policy; the Appropriations Committee
on Criminal and Civil Justice; the Committee on Criminal
Justice; and Senator Brodeur
594-03818-23 2023280c3
1 A bill to be entitled
2 An act relating to controlled substances; amending s.
3 782.04, F.S.; revising the elements that constitute
4 the capital offense of murder in the first degree;
5 revising the elements that constitute the offense of
6 murder in the third degree and constitute a felony of
7 the second degree; defining the term “substantial
8 factor”; creating s. 893.131, F.S.; defining terms;
9 providing criminal penalties for adults who unlawfully
10 distribute specified substances or mixtures and an
11 injury or overdose of the user results; providing
12 enhanced criminal penalties for repeat offenders;
13 providing applicability and construction; amending s.
14 921.0022, F.S.; ranking an offense on the offense
15 severity ranking chart of the Criminal Punishment
16 Code; providing an effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Paragraph (a) of subsection (1) and subsections
21 (4) and (5) of section 782.04, Florida Statutes, are amended to
22 read:
23 782.04 Murder.—
24 (1)(a) The unlawful killing of a human being:
25 1. When perpetrated from a premeditated design to effect
26 the death of the person killed or any human being;
27 2. When committed by a person engaged in the perpetration
28 of, or in the attempt to perpetrate, any:
29 a. Trafficking offense prohibited by s. 893.135(1),
30 b. Arson,
31 c. Sexual battery,
32 d. Robbery,
33 e. Burglary,
34 f. Kidnapping,
35 g. Escape,
36 h. Aggravated child abuse,
37 i. Aggravated abuse of an elderly person or disabled adult,
38 j. Aircraft piracy,
39 k. Unlawful throwing, placing, or discharging of a
40 destructive device or bomb,
41 l. Carjacking,
42 m. Home-invasion robbery,
43 n. Aggravated stalking,
44 o. Murder of another human being,
45 p. Resisting an officer with violence to his or her person,
46 q. Aggravated fleeing or eluding with serious bodily injury
47 or death,
48 r. Felony that is an act of terrorism or is in furtherance
49 of an act of terrorism, including a felony under s. 775.30, s.
50 775.32, s. 775.33, s. 775.34, or s. 775.35, or
51 s. Human trafficking; or
52 3. Which resulted from the unlawful distribution by a
53 person 18 years of age or older of any of the following
54 substances, or mixture containing any of the following
55 substances, when such substance or mixture is proven to have
56 caused, or is proven to be a substantial factor in producing, be
57 the proximate cause of the death of the user:
58 a. A substance controlled under s. 893.03(1);
59 b. Cocaine, as described in s. 893.03(2)(a)4.;
60 c. Opium or any synthetic or natural salt, compound,
61 derivative, or preparation of opium;
62 d. Methadone;
63 e. Alfentanil, as described in s. 893.03(2)(b)1.;
64 f. Carfentanil, as described in s. 893.03(2)(b)6.;
65 g. Fentanyl, as described in s. 893.03(2)(b)9.;
66 h. Sufentanil, as described in s. 893.03(2)(b)30.;
67 i. Methamphetamine, as described in s. 893.03(2)(c)5.; or
68 j. A controlled substance analog, as described in s.
69 893.0356, of any substance specified in sub-subparagraphs a.-i.,
70
71 is murder in the first degree and constitutes a capital felony,
72 punishable as provided in s. 775.082.
73 (4) The unlawful killing of a human being, when perpetrated
74 without any design to effect death, by a person engaged in the
75 perpetration of, or in the attempt to perpetrate, any felony
76 other than any:
77 (a) Trafficking offense prohibited by s. 893.135(1),
78 (b) Arson,
79 (c) Sexual battery,
80 (d) Robbery,
81 (e) Burglary,
82 (f) Kidnapping,
83 (g) Escape,
84 (h) Aggravated child abuse,
85 (i) Aggravated abuse of an elderly person or disabled
86 adult,
87 (j) Aircraft piracy,
88 (k) Unlawful throwing, placing, or discharging of a
89 destructive device or bomb,
90 (l) Unlawful distribution of any substance listed in sub
91 subparagraphs (1)(a)3.a.-j. by a person 18 years of age or
92 older, when such substance is proven to have caused, or is
93 proven to have been a substantial factor in producing, be the
94 proximate cause of the death of the user,
95 (m) Carjacking,
96 (n) Home-invasion robbery,
97 (o) Aggravated stalking,
98 (p) Murder of another human being,
99 (q) Aggravated fleeing or eluding with serious bodily
100 injury or death,
101 (r) Resisting an officer with violence to his or her
102 person, or
103 (s) Felony that is an act of terrorism or is in furtherance
104 of an act of terrorism, including a felony under s. 775.30, s.
105 775.32, s. 775.33, s. 775.34, or s. 775.35,
106
107 is murder in the third degree and constitutes a felony of the
108 second degree, punishable as provided in s. 775.082, s. 775.083,
109 or s. 775.084.
110 (5) As used in this section, the term:
111 (a) “Substantial factor” means that the use of the
112 substance or mixture alone is sufficient to cause death,
113 regardless of whether any other substance or mixture used is
114 also sufficient to cause death.
115 (b) “Terrorism” means an activity that:
116 (a)1.a. Involves a violent act or an act dangerous to human
117 life which is a violation of the criminal laws of this state or
118 of the United States; or
119 b.2. Involves a violation of s. 815.06; and
120 2.(b) Is intended to:
121 a.1. Intimidate, injure, or coerce a civilian population;
122 b.2. Influence the policy of a government by intimidation
123 or coercion; or
124 c.3. Affect the conduct of government through destruction
125 of property, assassination, murder, kidnapping, or aircraft
126 piracy.
127 Section 2. Section 893.131, Florida Statutes, is created to
128 read:
129 893.131 Distribution of controlled substances resulting in
130 injury or overdose.—
131 (1) As used in this section, the term:
132 (a) “Emergency opioid antagonist” has the same meaning as
133 in s. 381.887.
134 (b) “Injury or overdose” means drug toxicity or the
135 temporary loss of locomotor activity, motor coordination, or
136 consciousness or cognitive impairment.
137 (c) “Medical care” means the administration of treatment
138 for the purposes of preserving or sustaining life or the
139 administration of an emergency opioid antagonist.
140 (d) “Substantial factor” means that the use of a substance
141 or mixture alone is sufficient to cause an injury or overdose,
142 regardless of whether any other substance or mixture used is
143 also sufficient to cause an injury or overdose.
144 (2)(a) Except as provided in paragraph (b), a person 18
145 years of age or older who unlawfully distributes:
146 1. Heroin, as described in s. 893.03(1)(b)11.;
147 2. Alfentanil, as described in s. 893.03(2)(b)1.;
148 3. Carfentanil, as described in s. 893.03(2)(b)6.;
149 4. Fentanyl, as described in s. 893.03(2)(b)9.;
150 5. Sufentanil, as described in s. 893.03(2)(b)30.;
151 6. Fentanyl derivatives, as described in s.
152 893.03(1)(a)62.;
153 7. A controlled substance analog, as described in s.
154 893.0356, of any substance specified in subparagraphs 1.-6.; or
155 8. A mixture containing any substance specified in
156 subparagraphs 1.-7.,
157
158 and an injury or overdose of the user results, commits a felony
159 of the second degree, punishable as provided in s. 775.082, s.
160 775.083, or s. 775.084, when such substance or mixture is proven
161 to have caused or been a substantial factor in causing the
162 injury or overdose of the user.
163 (b) A person 18 years of age or older who commits a
164 violation of paragraph (a) and who has previously been convicted
165 of a violation of paragraph (a) commits a felony of the first
166 degree, punishable as provided in s. 775.082, s. 775.083, or s.
167 775.084.
168 (3) A person violates this section if he or she, either
169 directly or indirectly through another person, distributed to
170 the user who was injured or who overdosed the substance or
171 mixture specified in subparagraphs (2)(a)1.-8.
172 (4) The administration of medical care by an emergency
173 responder, including, but not limited to, a law enforcement
174 officer, a paramedic, or an emergency medical technician, or the
175 administration of an emergency opioid antagonist by such
176 emergency responder, is prima facie evidence that the person
177 receiving medical care was injured or overdosed.
178 (5) A person who experiences, or has a good faith belief
179 that he or she is experiencing, an alcohol-related or a drug
180 related overdose and receives medical assistance, or a person
181 acting in good faith who seeks medical assistance for an
182 individual experiencing, or believed to be experiencing, an
183 alcohol-related or a drug-related overdose, is afforded the
184 protections provided under s. 893.21.
185 Section 3. Paragraph (f) of subsection (3) of section
186 921.0022, Florida Statutes, is amended to read:
187 921.0022 Criminal Punishment Code; offense severity ranking
188 chart.—
189 (3) OFFENSE SEVERITY RANKING CHART
190 (f) LEVEL 6
191
192 FloridaStatute FelonyDegree Description
193 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.
194 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
195 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license.
196 499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement.
197 499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
198 499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
199 775.0875(1) 3rd Taking firearm from law enforcement officer.
200 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
201 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
202 784.041 3rd Felony battery; domestic battery by strangulation.
203 784.048(3) 3rd Aggravated stalking; credible threat.
204 784.048(5) 3rd Aggravated stalking of person under 16.
205 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
206 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
207 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
208 784.081(2) 2nd Aggravated assault on specified official or employee.
209 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
210 784.083(2) 2nd Aggravated assault on code inspector.
211 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
212 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
213 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
214 790.164(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.
215 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
216 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
217 794.05(1) 2nd Unlawful sexual activity with specified minor.
218 800.04(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.
219 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
220 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
221 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
222 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.
223 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
224 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
225 812.015(9)(a) 2nd Retail theft; property stolen $750 or more; second or subsequent conviction.
226 812.015(9)(b) 2nd Retail theft; aggregated property stolen within 30 days is $3,000 or more; coordination of others.
227 812.015(9)(d) 2nd Retail theft; multiple thefts within specified period.
228 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
229 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
230 817.49(2)(b)2. 2nd Willful making of a false report of a crime resulting in death.
231 817.505(4)(b) 2nd Patient brokering; 10 or more patients.
232 825.102(1) 3rd Abuse of an elderly person or disabled adult.
233 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
234 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
235 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
236 827.03(2)(c) 3rd Abuse of a child.
237 827.03(2)(d) 3rd Neglect of a child.
238 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
239 828.126(3) 3rd Sexual activities involving animals.
240 836.05 2nd Threats; extortion.
241 836.10 2nd Written or electronic threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
242 843.12 3rd Aids or assists person to escape.
243 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
244 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
245 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
246 893.131(2)(a) 2nd Distribution of controlled substances resulting in injury or overdose.
247 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
248 918.13(2)(b) 2nd Tampering with or fabricating physical evidence relating to a capital felony.
249 944.35(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.
250 944.40 2nd Escapes.
251 944.46 3rd Harboring, concealing, aiding escaped prisoners.
252 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
253 951.22(1)(i) 3rd Firearm or weapon introduced into county detention facility.
254 Section 4. This act shall take effect July 1, 2023.