House Bill 3643
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Florida House of Representatives - 1998 HB 3643
By Representative Bush
1 A bill to be entitled
2 An act relating to capital punishment;
3 abolishing the death penalty; providing for
4 resentencing of certain persons previously
5 sentenced to death; providing penalties for
6 such persons of life imprisonment without
7 eligibility for parole; amending s. 775.082,
8 F.S., relating to penalties; eliminating the
9 death penalty as an alternative to life
10 imprisonment without eligibility for parole in
11 capital cases; providing penalties; amending s.
12 775.084, F.S., relating to violent career
13 criminals and habitual felony offenders and
14 habitual violent felony offenders; conforming
15 language; removing provision relating to
16 imposition of the death penalty; amending s.
17 775.15, F.S., relating to time limitations;
18 providing that crimes designated as capital
19 felonies shall be considered life felonies for
20 purposes of that section; conforming language;
21 amending s. 782.04, F.S., relating to murder;
22 conforming language; removing provision
23 relating to determination of death sentence;
24 amending s. 790.161, F.S., relating to offenses
25 involving destructive devices; removing
26 provision relating to death penalty; providing
27 for resentencing of persons previously
28 sentenced to death; providing penalties;
29 amending s. 794.011, F.S., relating to sexual
30 battery; eliminating a cross reference to
31 conform to changes made by the act; amending s.
1
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1 893.135, F.S., relating to mandatory sentences
2 for trafficking offenses; eliminating cross
3 references to conform to changes made by the
4 act; repealing s. 913.13, F.S., relating to
5 jurors in capital cases; repealing s. 921.141,
6 F.S., relating to proceedings to determine
7 whether death penalty is imposed for capital
8 felonies; repealing s. 921.142, F.S., relating
9 to proceedings to determine whether death
10 penalty is imposed for capital drug trafficking
11 felonies; repealing s. 922.07, F.S., relating
12 to proceedings when person under sentence of
13 death appears to be insane; amending s.
14 925.035, F.S., relating to appointment and
15 compensation of attorney in capital cases;
16 conforming language; eliminating provisions
17 relating to appeals from judgments imposing the
18 death penalty; amending s. 948.01, F.S.;
19 prohibiting court placement of capital offender
20 on probation or into community control;
21 eliminating reference to offenses punishable by
22 death; repealing Rules 3.850, 3.851, and 3.852,
23 Florida Rules of Criminal Procedure, relating
24 to motion to vacate, set aside, or correct
25 sentence, collateral relief after death
26 sentence has been imposed, and capital
27 postconviction public records production,
28 respectively, to the extent of inconsistency
29 with the act; providing a contingent effective
30 date.
31
2
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1 WHEREAS, despite the restoration of capital punishment
2 in this state, the death penalty has not been a cost-effective
3 deterrent against the commission of capital offenses, and
4 WHEREAS, life imprisonment without eligibility for
5 parole, to which courts already have sentenced numerous
6 capital felons pursuant to s. 775.082(1), Florida Statutes,
7 provides a more humane alternative to the death penalty for
8 capital offenses, and
9 WHEREAS, execution of the sentence of life imprisonment
10 without eligibility for parole also provides more opportunity
11 to rectify miscarriages of justice in sentencing, in contrast
12 to the death sentence which is irrevocable upon execution and
13 cannot be undone even in cases of miscarriage of justice in
14 execution, and
15 WHEREAS, making life imprisonment without eligibility
16 for parole the exclusive punishment for capital offenses would
17 effectively eliminate any potential for erroneous or arbitrary
18 enforcement of the death penalty, and thereby foster uniform
19 application of the law, even-handed administration of justice,
20 and increased respect for the rule of law, NOW, THEREFORE,
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Death penalty abolished.--
25 (1) Notwithstanding any provision of law or rule to
26 the contrary, capital punishment by means of the death penalty
27 is hereby abolished in this state. Under no circumstances
28 shall a person be punished by death under the laws of this
29 state or sentenced to death by a court of this state.
30 (2) The court having jurisdiction over a person
31 sentenced to death before the effective date of this act for
3
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1 whom the death sentence has not yet been executed shall
2 sentence such person to life imprisonment without eligibility
3 for parole as provided in s. 775.082(1) and (2), Florida
4 Statutes.
5 Section 2. Subsections (1) and (2) of section 775.082,
6 Florida Statutes, are amended to read:
7 775.082 Penalties; mandatory minimum sentences for
8 certain reoffenders previously released from prison.--
9 (1) A person who has been convicted of a capital
10 felony shall be punished by death if the proceeding held to
11 determine sentence according to the procedure set forth in s.
12 921.141 results in findings by the court that such person
13 shall be punished by death, otherwise such person shall be
14 punished by life imprisonment and shall be ineligible for
15 parole.
16 (2) In the event the death penalty in a capital felony
17 is held to be unconstitutional by the Florida Supreme Court or
18 the United States Supreme Court, The court having jurisdiction
19 over a person previously sentenced to death for a capital
20 felony shall cause such person to be brought before the court,
21 and the court shall sentence such person to life imprisonment
22 as provided in subsection (1).
23 (6) Nothing in this section shall be construed to
24 alter the operation of any statute of this state authorizing a
25 trial court, in its discretion, to impose a sentence of
26 imprisonment for an indeterminate period within minimum and
27 maximum limits as provided by law, except as provided in
28 subsection (1).
29 (7) This section does not deprive the court of any
30 authority conferred by law to decree a forfeiture of property,
31 suspend or cancel a license, remove a person from office, or
4
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1 impose any other civil penalty. Such a judgment or order may
2 be included in the sentence.
3 (9) The purpose of this section is to provide uniform
4 punishment for those crimes made punishable under this section
5 and, to this end, a reference to this section constitutes a
6 general reference under the doctrine of incorporation by
7 reference.
8 Section 3. Paragraph (h) of subsection (4) of section
9 775.084, Florida Statutes, is amended to read:
10 775.084 Violent career criminals; habitual felony
11 offenders and habitual violent felony offenders; definitions;
12 procedure; enhanced penalties.--
13 (4)
14 (h) The provisions of this section do not apply to
15 capital felonies, and a sentence authorized under this section
16 does not preclude the imposition of the death penalty for a
17 capital felony.
18 (6) The purpose of this section is to provide uniform
19 punishment for those crimes made punishable under this
20 section, and to this end, a reference to this section
21 constitutes a general reference under the doctrine of
22 incorporation by reference.
23 Section 4. Paragraph (a) of subsection (1) of section
24 775.15, Florida Statutes, is amended to read:
25 775.15 Time limitations.--
26 (1)(a) A prosecution for a capital felony, a life
27 felony, or a felony that resulted in a death may be commenced
28 at any time. A prosecution for a felony that resulted in
29 injury to any person, when such felony arises from the use of
30 a "destructive device," as defined in s. 790.001, may be
31 commenced within 10 years. If the death penalty is held to be
5
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1 unconstitutional by the Florida Supreme Court or the United
2 States Supreme Court, All crimes designated as capital
3 felonies shall be considered life felonies for the purposes of
4 this section, and prosecution for such crimes may be commenced
5 at any time.
6 Section 5. Subsection (1) of section 782.04, Florida
7 Statutes, is amended to read:
8 782.04 Murder.--
9 (1)(a) The unlawful killing of a human being:
10 (a)1. When perpetrated from a premeditated design to
11 effect the death of the person killed or any human being; or
12 (b)2. When committed by a person engaged in the
13 perpetration of, or in the attempt to perpetrate, any:
14 1.a. Trafficking offense prohibited by s. 893.135(1),
15 2.b. Arson,
16 3.c. Sexual battery,
17 4.d. Robbery,
18 5.e. Burglary,
19 6.f. Kidnapping,
20 7.g. Escape,
21 8.h. Aggravated child abuse,
22 9.i. Aggravated abuse of an elderly person or disabled
23 adult,
24 10.j. Aircraft piracy,
25 11.k. Unlawful throwing, placing, or discharging of a
26 destructive device or bomb,
27 12.l. Carjacking,
28 13.m. Home-invasion robbery,
29 14.n. Aggravated stalking, or
30 (c)3. Which resulted from the unlawful distribution of
31 any substance controlled under s. 893.03(1), cocaine as
6
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1 described in s. 893.03(2)(a)4., or opium or any synthetic or
2 natural salt, compound, derivative, or preparation of opium by
3 a person 18 years of age or older, when such drug is proven to
4 be the proximate cause of the death of the user,
5
6 is murder in the first degree and constitutes a capital
7 felony, punishable as provided in s. 775.082.
8 (b) In all cases under this section, the procedure set
9 forth in s. 921.141 shall be followed in order to determine
10 sentence of death or life imprisonment.
11 Section 6. Subsection (4) of section 790.161, Florida
12 Statutes, is amended to read:
13 790.161 Making, possessing, throwing, projecting,
14 placing, or discharging any destructive device or attempt so
15 to do, felony; penalties.--A person who willfully and
16 unlawfully makes, possesses, throws, projects, places,
17 discharges, or attempts to make, possess, throw, project,
18 place, or discharge any destructive device:
19 (4) If the act results in the death of another person,
20 commits a capital felony, punishable as provided in s.
21 775.082. In the event the death penalty in a capital felony is
22 held to be unconstitutional by the Florida Supreme Court or
23 the United States Supreme Court, The court having jurisdiction
24 over a person previously sentenced to death for a capital
25 felony shall cause such person to be brought before the court,
26 and the court shall sentence such person to life imprisonment
27 if convicted of murder in the first degree or of a capital
28 felony under this subsection, and such person shall be
29 ineligible for parole.
30 Section 7. Paragraph (a) of subsection (2) of section
31 794.011, Florida Statutes, is amended to read:
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1 794.011 Sexual battery.--
2 (2)(a) A person 18 years of age or older who commits
3 sexual battery upon, or in an attempt to commit sexual battery
4 injures the sexual organs of, a person less than 12 years of
5 age commits a capital felony, punishable as provided in s. ss.
6 775.082 and 921.141.
7 Section 8. Subsection (1) of section 893.135, Florida
8 Statutes, is amended to read:
9 893.135 Trafficking; mandatory sentences; suspension
10 or reduction of sentences; conspiracy to engage in
11 trafficking.--
12 (1) Except as authorized in this chapter or in chapter
13 499 and notwithstanding the provisions of s. 893.13:
14 (a) Any person who knowingly sells, purchases,
15 manufactures, delivers, or brings into this state, or who is
16 knowingly in actual or constructive possession of, in excess
17 of 50 pounds of cannabis commits a felony of the first degree,
18 which felony shall be known as "trafficking in cannabis." If
19 the quantity of cannabis involved:
20 1. Is in excess of 50 pounds, but less than 2,000
21 pounds, such person shall be sentenced pursuant to the
22 sentencing guidelines and pay a fine of $25,000.
23 2. Is 2,000 pounds or more, but less than 10,000
24 pounds, such person shall be sentenced pursuant to the
25 sentencing guidelines and pay a fine of $50,000.
26 3. Is 10,000 pounds or more, such person shall be
27 sentenced to a mandatory minimum term of imprisonment of 15
28 calendar years and pay a fine of $200,000.
29 (b)1. Any person who knowingly sells, purchases,
30 manufactures, delivers, or brings into this state, or who is
31 knowingly in actual or constructive possession of, 28 grams or
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1 more of cocaine, as described in s. 893.03(2)(a)4., or of any
2 mixture containing cocaine, but less than 150 kilograms of
3 cocaine or any such mixture, commits a felony of the first
4 degree, which felony shall be known as "trafficking in
5 cocaine." If the quantity involved:
6 a. Is 28 grams or more, but less than 200 grams, such
7 person shall be sentenced pursuant to the sentencing
8 guidelines and pay a fine of $50,000.
9 b. Is 200 grams or more, but less than 400 grams, such
10 person shall be sentenced pursuant to the sentencing
11 guidelines and pay a fine of $100,000.
12 c. Is 400 grams or more, but less than 150 kilograms,
13 such person shall be sentenced to a mandatory minimum term of
14 imprisonment of 15 calendar years and pay a fine of $250,000.
15 2. Any person who knowingly sells, purchases,
16 manufactures, delivers, or brings into this state, or who is
17 knowingly in actual or constructive possession of, 150
18 kilograms or more, but less than 300 kilograms, of cocaine, as
19 described in s. 893.03(2)(a)4., commits the first degree
20 felony of trafficking in cocaine. A person who has been
21 convicted of the first degree felony of trafficking in cocaine
22 under this subparagraph shall be punished by life imprisonment
23 and is ineligible for any form of discretionary early release
24 except pardon or executive clemency or conditional medical
25 release under s. 947.149. However, if the court determines
26 that, in addition to committing any act specified in this
27 paragraph:
28 a. The person intentionally killed an individual or
29 counseled, commanded, induced, procured, or caused the
30 intentional killing of an individual and such killing was the
31 result; or
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1 b. The person's conduct in committing that act led to
2 a natural, though not inevitable, lethal result,
3
4 such person commits the capital felony of trafficking in
5 cocaine, punishable as provided in s. ss. 775.082 and 921.142.
6 Any person sentenced for a capital felony under this paragraph
7 shall also be sentenced to pay the maximum fine provided under
8 subparagraph 1.
9 3. Any person who knowingly brings into this state 300
10 kilograms or more of cocaine, as described in s.
11 893.03(2)(a)4., and who knows that the probable result of such
12 importation would be the death of any person, commits capital
13 importation of cocaine, a capital felony punishable as
14 provided in s. ss. 775.082 and 921.142. Any person sentenced
15 for a capital felony under this paragraph shall also be
16 sentenced to pay the maximum fine provided under subparagraph
17 1.
18 (c)1. Any person who knowingly sells, purchases,
19 manufactures, delivers, or brings into this state, or who is
20 knowingly in actual or constructive possession of, 4 grams or
21 more of any morphine, opium, oxycodone, hydrocodone,
22 hydromorphone, or any salt, derivative, isomer, or salt of an
23 isomer thereof, including heroin, as described in s.
24 893.03(1)(b) or (2)(a), or 4 grams or more of any mixture
25 containing any such substance, but less than 30 kilograms of
26 such substance or mixture, commits a felony of the first
27 degree, which felony shall be known as "trafficking in illegal
28 drugs." If the quantity involved:
29 a. Is 4 grams or more, but less than 14 grams, such
30 person shall be sentenced pursuant to the sentencing
31 guidelines and pay a fine of $50,000.
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1 b. Is 14 grams or more, but less than 28 grams, such
2 person shall be sentenced pursuant to the sentencing
3 guidelines and pay a fine of $100,000.
4 c. Is 28 grams or more, but less than 30 kilograms,
5 such person shall be sentenced to a mandatory minimum term of
6 imprisonment of 25 calendar years and pay a fine of $500,000.
7 2. Any person who knowingly sells, purchases,
8 manufactures, delivers, or brings into this state, or who is
9 knowingly in actual or constructive possession of, 30
10 kilograms or more, but less than 60 kilograms, of any
11 morphine, opium, oxycodone, hydrocodone, hydromorphone, or any
12 salt, derivative, isomer, or salt of an isomer thereof,
13 including heroin, as described in s. 893.03(1)(b) or (2)(a),
14 or 30 kilograms or more, but less than 60 kilograms, of any
15 mixture containing any such substance, commits the first
16 degree felony of trafficking in illegal drugs. A person who
17 has been convicted of the first degree felony of trafficking
18 in illegal drugs under this subparagraph shall be punished by
19 life imprisonment and is ineligible for any form of
20 discretionary early release except pardon or executive
21 clemency or conditional medical release under s. 947.149.
22 However, if the court determines that, in addition to
23 committing any act specified in this paragraph:
24 a. The person intentionally killed an individual or
25 counseled, commanded, induced, procured, or caused the
26 intentional killing of an individual and such killing was the
27 result; or
28 b. The person's conduct in committing that act led to
29 a natural, though not inevitable, lethal result,
30
31
11
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1 such person commits the capital felony of trafficking in
2 illegal drugs, punishable as provided in s. ss. 775.082 and
3 921.142. Any person sentenced for a capital felony under this
4 paragraph shall also be sentenced to pay the maximum fine
5 provided under subparagraph 1.
6 3. Any person who knowingly brings into this state 60
7 kilograms or more of any morphine, opium, oxycodone,
8 hydrocodone, hydromorphone, or any salt, derivative, isomer,
9 or salt of an isomer thereof, including heroin, as described
10 in s. 893.03(1)(b) or (2)(a), or 60 kilograms or more of any
11 mixture containing any such substance, and who knows that the
12 probable result of such importation would be the death of any
13 person, commits capital importation of illegal drugs, a
14 capital felony punishable as provided in s. ss. 775.082 and
15 921.142. Any person sentenced for a capital felony under this
16 paragraph shall also be sentenced to pay the maximum fine
17 provided under subparagraph 1.
18 (d)1. Any person who knowingly sells, purchases,
19 manufactures, delivers, or brings into this state, or who is
20 knowingly in actual or constructive possession of, 28 grams or
21 more of phencyclidine or of any mixture containing
22 phencyclidine, as described in s. 893.03(2)(b), commits a
23 felony of the first degree, which felony shall be known as
24 "trafficking in phencyclidine." If the quantity involved:
25 a. Is 28 grams or more, but less than 200 grams, such
26 person shall be sentenced pursuant to the sentencing
27 guidelines and pay a fine of $50,000.
28 b. Is 200 grams or more, but less than 400 grams, such
29 person shall be sentenced pursuant to the sentencing
30 guidelines and pay a fine of $100,000.
31
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1 c. Is 400 grams or more, but less than 800 grams, such
2 person shall be sentenced to a mandatory minimum term of
3 imprisonment of 15 calendar years and pay a fine of $250,000.
4 2. Any person who knowingly brings into this state 800
5 grams or more of phencyclidine or of any mixture containing
6 phencyclidine, as described in s. 893.03(2)(b), and who knows
7 that the probable result of such importation would be the
8 death of any person commits capital importation of
9 phencyclidine, a capital felony punishable as provided in s.
10 ss. 775.082 and 921.142. Any person sentenced for a capital
11 felony under this paragraph shall also be sentenced to pay the
12 maximum fine provided under subparagraph 1.
13 (e)1. Any person who knowingly sells, purchases,
14 manufactures, delivers, or brings into this state, or who is
15 knowingly in actual or constructive possession of, 200 grams
16 or more of methaqualone or of any mixture containing
17 methaqualone, as described in s. 893.03(1)(d), commits a
18 felony of the first degree, which felony shall be known as
19 "trafficking in methaqualone." If the quantity involved:
20 a. Is 200 grams or more, but less than 5 kilograms,
21 such person shall be sentenced pursuant to the sentencing
22 guidelines and pay a fine of $50,000.
23 b. Is 5 kilograms or more, but less than 25 kilograms,
24 such person shall be sentenced pursuant to the sentencing
25 guidelines and pay a fine of $100,000.
26 c. Is 25 kilograms or more, but less than 50
27 kilograms, such person shall be sentenced to a mandatory
28 minimum term of imprisonment of 15 calendar years and pay a
29 fine of $250,000.
30 2. Any person who knowingly brings into this state 50
31 kilograms or more of methaqualone or of any mixture containing
13
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1 methaqualone, as described in s. 893.03(1)(d), and who knows
2 that the probable result of such importation would be the
3 death of any person commits capital importation of
4 methaqualone, a capital felony punishable as provided in s.
5 ss. 775.082 and 921.142. Any person sentenced for a capital
6 felony under this paragraph shall also be sentenced to pay the
7 maximum fine provided under subparagraph 1.
8 (f)1. Any person who knowingly sells, purchases,
9 manufactures, delivers, or brings into this state, or who is
10 knowingly in actual or constructive possession of, 14 grams or
11 more of amphetamine, as described in s. 893.03(2)(c)2., or
12 methamphetamine, as described in s. 893.03(2)(c)4., or of any
13 mixture containing amphetamine or methamphetamine, or
14 phenylacetone, phenylacetic acid, or ephedrine in conjunction
15 with other chemicals and equipment utilized in the manufacture
16 of amphetamine or methamphetamine, commits a felony of the
17 first degree, which felony shall be known as "trafficking in
18 amphetamine." If the quantity involved:
19 a. Is 14 grams or more, but less than 28 grams, such
20 person shall be sentenced pursuant to the sentencing
21 guidelines and pay a fine of $50,000.
22 b. Is 28 grams or more, but less than 200 grams, such
23 person shall be sentenced pursuant to the sentencing
24 guidelines and pay a fine of $100,000.
25 c. Is 200 grams or more, but less than 400 grams, such
26 person shall be sentenced to a mandatory minimum term of
27 imprisonment of 15 calendar years and pay a fine of $250,000.
28 2. Any person who knowingly brings into this state 400
29 grams or more of amphetamine, as described in s.
30 893.03(2)(c)2., or methamphetamine, as described in s.
31 893.03(2)(c)4., or of any mixture containing amphetamine or
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1 methamphetamine, or phenylacetone, phenylacetic acid, or
2 ephedrine in conjunction with other chemicals and equipment
3 utilized in the manufacture of amphetamine or methamphetamine,
4 and who knows that the probable result of such importation
5 would be the death of any person commits capital importation
6 of amphetamine, a capital felony punishable as provided in s.
7 ss. 775.082 and 921.142. Any person sentenced for a capital
8 felony under this paragraph shall also be sentenced to pay the
9 maximum fine provided under subparagraph 1.
10 (g)1. Any person who knowingly sells, purchases,
11 manufactures, delivers, or brings into this state, or who is
12 knowingly in actual or constructive possession of, 4 grams or
13 more of flunitrazepam or any mixture containing flunitrazepam
14 as described in s. 893.03(1)(a) commits a felony of the first
15 degree, which felony shall be known as "trafficking in
16 flunitrazepam." If the quantity involved:
17 a. Is 4 grams or more but less than 14 grams, such
18 person shall be sentenced pursuant to the sentencing
19 guidelines and pay a fine of $50,000.
20 b. Is 14 grams or more but less than 28 grams, such
21 person shall be sentenced pursuant to the sentencing
22 guidelines and pay a fine of $100,000.
23 c. Is 28 grams or more but less than 30 kilograms,
24 such person shall be sentenced to a mandatory minimum term of
25 imprisonment of 25 calendar years and pay a fine of $500,000.
26 2. Any person who knowingly sells, purchases,
27 manufactures, delivers, or brings into this state or who is
28 knowingly in actual or constructive possession of 30 kilograms
29 or more of flunitrazepam or any mixture containing
30 flunitrazepam as described in s. 893.03(1)(a) commits the
31 first degree felony of trafficking in flunitrazepam. A person
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1 who has been convicted of the first degree felony of
2 trafficking in flunitrazepam under this subparagraph shall be
3 punished by life imprisonment and is ineligible for any form
4 of discretionary early release except pardon or executive
5 clemency or conditional medical release under s. 947.149.
6 However, if the court determines that, in addition to
7 committing any act specified in this paragraph:
8 a. The person intentionally killed an individual or
9 counseled, commanded, induced, procured, or caused the
10 intentional killing of an individual and such killing was the
11 result; or
12 b. The person's conduct in committing that act led to
13 a natural, though not inevitable, lethal result,
14
15 such person commits the capital felony of trafficking in
16 flunitrazepam, punishable as provided in s. ss. 775.082 and
17 921.142. Any person sentenced for a capital felony under this
18 paragraph shall also be sentenced to pay the maximum fine
19 provided under subparagraph 1.
20 Section 9. Effective October 1, 1998, subsection (1)
21 of section 893.135, Florida Statutes, as amended by chapter
22 97-194, Laws of Florida, is amended to read:
23 893.135 Trafficking; mandatory sentences; suspension
24 or reduction of sentences; conspiracy to engage in
25 trafficking.--
26 (1) Except as authorized in this chapter or in chapter
27 499 and notwithstanding the provisions of s. 893.13:
28 (a) Any person who knowingly sells, purchases,
29 manufactures, delivers, or brings into this state, or who is
30 knowingly in actual or constructive possession of, in excess
31 of 50 pounds of cannabis commits a felony of the first degree,
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1 which felony shall be known as "trafficking in cannabis." If
2 the quantity of cannabis involved:
3 1. Is in excess of 50 pounds, but less than 2,000
4 pounds, such person shall be sentenced pursuant to the
5 sentencing guidelines and pay a fine of $25,000.
6 2. Is 2,000 pounds or more, but less than 10,000
7 pounds, such person shall be sentenced pursuant to the
8 sentencing guidelines and pay a fine of $50,000.
9 3. Is 10,000 pounds or more, such person shall be
10 sentenced to a mandatory minimum term of imprisonment of 15
11 calendar years and pay a fine of $200,000.
12 (b)1. Any person who knowingly sells, purchases,
13 manufactures, delivers, or brings into this state, or who is
14 knowingly in actual or constructive possession of, 28 grams or
15 more of cocaine, as described in s. 893.03(2)(a)4., or of any
16 mixture containing cocaine, but less than 150 kilograms of
17 cocaine or any such mixture, commits a felony of the first
18 degree, which felony shall be known as "trafficking in
19 cocaine." If the quantity involved:
20 a. Is 28 grams or more, but less than 200 grams, such
21 person shall be sentenced pursuant to the sentencing
22 guidelines and pay a fine of $50,000.
23 b. Is 200 grams or more, but less than 400 grams, such
24 person shall be sentenced pursuant to the sentencing
25 guidelines and pay a fine of $100,000.
26 c. Is 400 grams or more, but less than 150 kilograms,
27 such person shall be sentenced to a mandatory minimum term of
28 imprisonment of 15 calendar years and pay a fine of $250,000.
29 2. Any person who knowingly sells, purchases,
30 manufactures, delivers, or brings into this state, or who is
31 knowingly in actual or constructive possession of, 150
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1 kilograms or more, but less than 300 kilograms, of cocaine, as
2 described in s. 893.03(2)(a)4., commits the first degree
3 felony of trafficking in cocaine. A person who has been
4 convicted of the first degree felony of trafficking in cocaine
5 under this subparagraph shall be punished by life imprisonment
6 and is ineligible for any form of discretionary early release
7 except pardon or executive clemency or conditional medical
8 release under s. 947.149. However, if the court determines
9 that, in addition to committing any act specified in this
10 paragraph:
11 a. The person intentionally killed an individual or
12 counseled, commanded, induced, procured, or caused the
13 intentional killing of an individual and such killing was the
14 result; or
15 b. The person's conduct in committing that act led to
16 a natural, though not inevitable, lethal result,
17
18 such person commits the capital felony of trafficking in
19 cocaine, punishable as provided in s. ss. 775.082 and 921.142.
20 Any person sentenced for a capital felony under this paragraph
21 shall also be sentenced to pay the maximum fine provided under
22 subparagraph 1.
23 3. Any person who knowingly brings into this state 300
24 kilograms or more of cocaine, as described in s.
25 893.03(2)(a)4., and who knows that the probable result of such
26 importation would be the death of any person, commits capital
27 importation of cocaine, a capital felony punishable as
28 provided in s. ss. 775.082 and 921.142. Any person sentenced
29 for a capital felony under this paragraph shall also be
30 sentenced to pay the maximum fine provided under subparagraph
31 1.
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1 (c)1. Any person who knowingly sells, purchases,
2 manufactures, delivers, or brings into this state, or who is
3 knowingly in actual or constructive possession of, 4 grams or
4 more of any morphine, opium, oxycodone, hydrocodone,
5 hydromorphone, or any salt, derivative, isomer, or salt of an
6 isomer thereof, including heroin, as described in s.
7 893.03(1)(b) or (2)(a), or 4 grams or more of any mixture
8 containing any such substance, but less than 30 kilograms of
9 such substance or mixture, commits a felony of the first
10 degree, which felony shall be known as "trafficking in illegal
11 drugs." If the quantity involved:
12 a. Is 4 grams or more, but less than 14 grams, such
13 person shall be sentenced pursuant to the sentencing
14 guidelines and pay a fine of $50,000.
15 b. Is 14 grams or more, but less than 28 grams, such
16 person shall be sentenced pursuant to the sentencing
17 guidelines and pay a fine of $100,000.
18 c. Is 28 grams or more, but less than 30 kilograms,
19 such person shall be sentenced to a mandatory minimum term of
20 imprisonment of 25 calendar years and pay a fine of $500,000.
21 2. Any person who knowingly sells, purchases,
22 manufactures, delivers, or brings into this state, or who is
23 knowingly in actual or constructive possession of, 30
24 kilograms or more, but less than 60 kilograms, of any
25 morphine, opium, oxycodone, hydrocodone, hydromorphone, or any
26 salt, derivative, isomer, or salt of an isomer thereof,
27 including heroin, as described in s. 893.03(1)(b) or (2)(a),
28 or 30 kilograms or more, but less than 60 kilograms, of any
29 mixture containing any such substance, commits the first
30 degree felony of trafficking in illegal drugs. A person who
31 has been convicted of the first degree felony of trafficking
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1 in illegal drugs under this subparagraph shall be punished by
2 life imprisonment and is ineligible for any form of
3 discretionary early release except pardon or executive
4 clemency or conditional medical release under s. 947.149.
5 However, if the court determines that, in addition to
6 committing any act specified in this paragraph:
7 a. The person intentionally killed an individual or
8 counseled, commanded, induced, procured, or caused the
9 intentional killing of an individual and such killing was the
10 result; or
11 b. The person's conduct in committing that act led to
12 a natural, though not inevitable, lethal result,
13
14 such person commits the capital felony of trafficking in
15 illegal drugs, punishable as provided in s. ss. 775.082 and
16 921.142. Any person sentenced for a capital felony under this
17 paragraph shall also be sentenced to pay the maximum fine
18 provided under subparagraph 1.
19 3. Any person who knowingly brings into this state 60
20 kilograms or more of any morphine, opium, oxycodone,
21 hydrocodone, hydromorphone, or any salt, derivative, isomer,
22 or salt of an isomer thereof, including heroin, as described
23 in s. 893.03(1)(b) or (2)(a), or 60 kilograms or more of any
24 mixture containing any such substance, and who knows that the
25 probable result of such importation would be the death of any
26 person, commits capital importation of illegal drugs, a
27 capital felony punishable as provided in s. ss. 775.082 and
28 921.142. Any person sentenced for a capital felony under this
29 paragraph shall also be sentenced to pay the maximum fine
30 provided under subparagraph 1.
31
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1 (d)1. Any person who knowingly sells, purchases,
2 manufactures, delivers, or brings into this state, or who is
3 knowingly in actual or constructive possession of, 28 grams or
4 more of phencyclidine or of any mixture containing
5 phencyclidine, as described in s. 893.03(2)(b), commits a
6 felony of the first degree, which felony shall be known as
7 "trafficking in phencyclidine." If the quantity involved:
8 a. Is 28 grams or more, but less than 200 grams, such
9 person shall be sentenced pursuant to the sentencing
10 guidelines and pay a fine of $50,000.
11 b. Is 200 grams or more, but less than 400 grams, such
12 person shall be sentenced pursuant to the sentencing
13 guidelines and pay a fine of $100,000.
14 c. Is 400 grams or more, but less than 800 grams, such
15 person shall be sentenced to a mandatory minimum term of
16 imprisonment of 15 calendar years and pay a fine of $250,000.
17 2. Any person who knowingly brings into this state 800
18 grams or more of phencyclidine or of any mixture containing
19 phencyclidine, as described in s. 893.03(2)(b), and who knows
20 that the probable result of such importation would be the
21 death of any person commits capital importation of
22 phencyclidine, a capital felony punishable as provided in s.
23 ss. 775.082 and 921.142. Any person sentenced for a capital
24 felony under this paragraph shall also be sentenced to pay the
25 maximum fine provided under subparagraph 1.
26 (e)1. Any person who knowingly sells, purchases,
27 manufactures, delivers, or brings into this state, or who is
28 knowingly in actual or constructive possession of, 200 grams
29 or more of methaqualone or of any mixture containing
30 methaqualone, as described in s. 893.03(1)(d), commits a
31
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1 felony of the first degree, which felony shall be known as
2 "trafficking in methaqualone." If the quantity involved:
3 a. Is 200 grams or more, but less than 5 kilograms,
4 such person shall be sentenced pursuant to the sentencing
5 guidelines and pay a fine of $50,000.
6 b. Is 5 kilograms or more, but less than 25 kilograms,
7 such person shall be sentenced pursuant to the sentencing
8 guidelines and pay a fine of $100,000.
9 c. Is 25 kilograms or more, but less than 50
10 kilograms, such person shall be sentenced to a mandatory
11 minimum term of imprisonment of 15 calendar years and pay a
12 fine of $250,000.
13 2. Any person who knowingly brings into this state 50
14 kilograms or more of methaqualone or of any mixture containing
15 methaqualone, as described in s. 893.03(1)(d), and who knows
16 that the probable result of such importation would be the
17 death of any person commits capital importation of
18 methaqualone, a capital felony punishable as provided in s.
19 ss. 775.082 and 921.142. Any person sentenced for a capital
20 felony under this paragraph shall also be sentenced to pay the
21 maximum fine provided under subparagraph 1.
22 (f)1. Any person who knowingly sells, purchases,
23 manufactures, delivers, or brings into this state, or who is
24 knowingly in actual or constructive possession of, 14 grams or
25 more of amphetamine, as described in s. 893.03(2)(c)2., or
26 methamphetamine, as described in s. 893.03(2)(c)4., or of any
27 mixture containing amphetamine or methamphetamine, or
28 phenylacetone, phenylacetic acid, or ephedrine in conjunction
29 with other chemicals and equipment utilized in the manufacture
30 of amphetamine or methamphetamine, commits a felony of the
31
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1 first degree, which felony shall be known as "trafficking in
2 amphetamine." If the quantity involved:
3 a. Is 14 grams or more, but less than 28 grams, such
4 person shall be sentenced pursuant to the sentencing
5 guidelines and pay a fine of $50,000.
6 b. Is 28 grams or more, but less than 200 grams, such
7 person shall be sentenced pursuant to the sentencing
8 guidelines and pay a fine of $100,000.
9 c. Is 200 grams or more, but less than 400 grams, such
10 person shall be sentenced to a mandatory minimum term of
11 imprisonment of 15 calendar years and pay a fine of $250,000.
12 2. Any person who knowingly brings into this state 400
13 grams or more of amphetamine, as described in s.
14 893.03(2)(c)2., or methamphetamine, as described in s.
15 893.03(2)(c)4., or of any mixture containing amphetamine or
16 methamphetamine, or phenylacetone, phenylacetic acid, or
17 ephedrine in conjunction with other chemicals and equipment
18 utilized in the manufacture of amphetamine or methamphetamine,
19 and who knows that the probable result of such importation
20 would be the death of any person commits capital importation
21 of amphetamine, a capital felony punishable as provided in s.
22 ss. 775.082 and 921.142. Any person sentenced for a capital
23 felony under this paragraph shall also be sentenced to pay the
24 maximum fine provided under subparagraph 1.
25 (g)1. Any person who knowingly sells, purchases,
26 manufactures, delivers, or brings into this state, or who is
27 knowingly in actual or constructive possession of, 4 grams or
28 more of flunitrazepam or any mixture containing flunitrazepam
29 as described in s. 893.03(1)(a) commits a felony of the first
30 degree, which felony shall be known as "trafficking in
31 flunitrazepam." If the quantity involved:
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1 a. Is 4 grams or more but less than 14 grams, such
2 person shall be sentenced pursuant to the sentencing
3 guidelines and pay a fine of $50,000.
4 b. Is 14 grams or more but less than 28 grams, such
5 person shall be sentenced pursuant to the sentencing
6 guidelines and pay a fine of $100,000.
7 c. Is 28 grams or more but less than 30 kilograms,
8 such person shall be sentenced to a mandatory minimum term of
9 imprisonment of 25 calendar years and pay a fine of $500,000.
10 2. Any person who knowingly sells, purchases,
11 manufactures, delivers, or brings into this state or who is
12 knowingly in actual or constructive possession of 30 kilograms
13 or more of flunitrazepam or any mixture containing
14 flunitrazepam as described in s. 893.03(1)(a) commits the
15 first degree felony of trafficking in flunitrazepam. A person
16 who has been convicted of the first degree felony of
17 trafficking in flunitrazepam under this subparagraph shall be
18 punished by life imprisonment and is ineligible for any form
19 of discretionary early release except pardon or executive
20 clemency or conditional medical release under s. 947.149.
21 However, if the court determines that, in addition to
22 committing any act specified in this paragraph:
23 a. The person intentionally killed an individual or
24 counseled, commanded, induced, procured, or caused the
25 intentional killing of an individual and such killing was the
26 result; or
27 b. The person's conduct in committing that act led to
28 a natural, though not inevitable, lethal result,
29
30 such person commits the capital felony of trafficking in
31 flunitrazepam, punishable as provided in s. ss. 775.082 and
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1 921.142. Any person sentenced for a capital felony under this
2 paragraph shall also be sentenced to pay the maximum fine
3 provided under subparagraph 1.
4 Section 10. Section 913.13, Florida Statutes, is
5 hereby repealed.
6 Section 11. Section 921.141, Florida Statutes, is
7 hereby repealed.
8 Section 12. Section 921.142, Florida Statutes, is
9 hereby repealed.
10 Section 13. Section 922.07, Florida Statutes, is
11 hereby repealed.
12 Section 14. Section 925.035, Florida Statutes, is
13 amended to read:
14 925.035 Appointment and compensation of an attorney in
15 capital cases; appeals from judgments imposing the death
16 penalty.--
17 (1) If the court determines that the defendant in a
18 capital case is insolvent and desires counsel, it shall
19 appoint a public defender to represent the defendant. If the
20 public defender appointed to represent two or more defendants
21 found to be insolvent determines that neither the public
22 defender nor her or his staff can counsel all of the accused
23 without conflict of interest, it shall be the public
24 defender's duty to move the court to appoint one or more
25 members of The Florida Bar, who are in no way affiliated with
26 the public defender in her or his capacity as such or in her
27 or his private practice, to represent those accused. The
28 attorney shall be allowed compensation, as provided for in s.
29 925.036 for representing a defendant.
30 (2) If the defendant is convicted and the death
31 sentence is imposed, the appointed attorney shall prosecute an
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1 appeal to the Supreme Court. The attorney shall be
2 compensated as provided for in s. 925.036. If the attorney
3 first appointed is unable to prosecute the appeal, the court
4 shall appoint another attorney and the attorney shall be
5 compensated as provided for in s. 925.036.
6 (2)(3) If there is a second trial of the same case,
7 the appointed attorney shall be compensated as provided for in
8 s. 925.036.
9 (4) If the death sentence is imposed and is affirmed
10 on appeal to the Supreme Court, the appointed attorney shall
11 be allowed compensation, not to exceed $1,000, for attorney's
12 fees and costs incurred in representing the defendant as to an
13 application for executive clemency, such compensation to be
14 paid out of general revenue from funds budgeted to the
15 Department of Corrections. The public defender or an attorney
16 appointed pursuant to this section may be appointed by the
17 trial court that rendered the judgment imposing the death
18 penalty, to represent an indigent defendant who has applied
19 for executive clemency as relief from the execution of the
20 judgment imposing the death penalty.
21 (3)(5) When the appointed attorney in a capital case
22 has completed the duties imposed by this section, the attorney
23 shall file a written report in the trial court stating the
24 duties performed by her or him and apply for discharge.
25 (4)(6) All compensation and costs provided for in this
26 section, except as provided in subsection (4), shall be paid
27 by the county in which the trial is held unless the trial was
28 moved to that county on the ground that a fair and impartial
29 trial could not be held in another county, in which event the
30 compensation and costs shall be paid by the original county
31 from which the cause was removed.
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1 Section 15. Subsection (1) of section 948.01, Florida
2 Statutes, is amended to read:
3 948.01 When court may place defendant on probation or
4 into community control.--
5 (1) Any court of the state having original
6 jurisdiction of criminal actions may at a time to be
7 determined by the court, either with or without an
8 adjudication of the guilt of the defendant, hear and determine
9 the question of the probation of a defendant in a criminal
10 case, except for a capital an offense punishable by death, who
11 has been found guilty by the verdict of a jury, has entered a
12 plea of guilty or a plea of nolo contendere, or has been found
13 guilty by the court trying the case without a jury. If the
14 court places the defendant on probation or into community
15 control for a felony, the department shall provide immediate
16 supervision by an officer employed in compliance with the
17 minimum qualifications for officers as provided in s. 943.13.
18 In no circumstances shall a private entity provide
19 probationary or supervision services to felony or misdemeanor
20 offenders sentenced or placed on probation or other
21 supervision by the circuit court.
22 Section 16. Rules 3.850, 3.851, and 3.852, Florida
23 Rules of Criminal Procedure, are hereby repealed to the extent
24 that they are inconsistent with the provisions of this act.
25 Section 17. This act shall take effect upon becoming a
26 law, except that section 16 shall take effect only if this act
27 is passed by the affirmative vote of two-thirds of the
28 membership of each house of the Legislature.
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1 *****************************************
2 HOUSE SUMMARY
3
Abolishes the death penalty. Provides for resentencing of
4 certain persons previously sentenced to death. Provides
penalties for such persons of life imprisonment without
5 eligibility for parole. Provides for crimes designated as
capital felonies to be considered life felonies for
6 purposes of specified provisions relating to time
limitations. Revises or repeals numerous provisions, to
7 conform to changes made by the act.
8
Repeals Rules 3.850, 3.851, and 3.852, Florida Rules of
9 Criminal Procedure, relating to motion to vacate, set
aside, or correct sentence, collateral relief after death
10 sentence has been imposed, and capital postconviction
public records production, respectively, to the extent
11 that the rules are inconsistent with the act. See bill
for details.
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