House Bill hb1747
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Florida House of Representatives - 2001 HB 1747
By the Committee on Crime Prevention, Corrections & Safety
and Representative Bilirakis
1 A bill to be entitled
2 An act relating to controlled substances;
3 amending s. 893.03, F.S.; adding materials,
4 compounds, mixtures, or preparations containing
5 certain limited quantities of hydrocodone to
6 the substances listed under Schedule III as
7 controlled substances; providing direction on
8 which law appertains to the weighing of
9 hydrocodone for the purpose of charging
10 trafficking in hydrocodone; amending s.
11 893.135, F.S.; providing penalties for
12 trafficking in certain mixtures containing
13 hydrocodone; clarifying legislative intent
14 regarding the weighing of a mixture or mixtures
15 containing certain controlled substances;
16 providing findings regarding judicial
17 constructions of legislative intent; reenacting
18 s. 893.02(14), F.S., relating to a definition
19 of mixtures, to incorporate the amendment in s.
20 893.135, F.S., in reference thereto; reenacting
21 s. 921.0022(3)(b), (c), and (e), F.S., relating
22 to the offense severity ranking chart in the
23 Criminal Punishment Code, to incorporate the
24 amendment in s. 893.03, F.S., in references
25 thereto; providing an effective date.
26
27 Be It Enacted by the Legislature of the State of Florida:
28
29 Section 1. Paragraph (c) of subsection (3) of section
30 893.03, Florida Statutes, is amended to read:
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1 893.03 Standards and schedules.--The substances
2 enumerated in this section are controlled by this chapter.
3 The controlled substances listed or to be listed in Schedules
4 I, II, III, IV, and V are included by whatever official,
5 common, usual, chemical, or trade name designated. The
6 provisions of this section shall not be construed to include
7 within any of the schedules contained in this section any
8 excluded drugs listed within the purview of 21 C.F.R. s.
9 1308.22, styled "Excluded Substances"; 21 C.F.R. s. 1308.24,
10 styled "Exempt Chemical Preparations"; 21 C.F.R. s. 1308.32,
11 styled "Exempted Prescription Products"; or 21 C.F.R. s.
12 1308.34, styled "Exempt Anabolic Steroid Products."
13 (3) SCHEDULE III.--A substance in Schedule III has a
14 potential for abuse less than the substances contained in
15 Schedules I and II and has a currently accepted medical use in
16 treatment in the United States, and abuse of the substance may
17 lead to moderate or low physical dependence or high
18 psychological dependence or, in the case of anabolic steroids,
19 may lead to physical damage. The following substances are
20 controlled in Schedule III:
21 (c) Unless specifically excepted or unless listed in
22 another schedule, any material, compound, mixture, or
23 preparation containing limited quantities of any of the
24 following controlled substances or any salts thereof:
25 1. Not more than 1.8 grams of codeine per 100
26 milliliters or not more than 90 milligrams per dosage unit,
27 with an equal or greater quantity of an isoquinoline alkaloid
28 of opium.
29 2. Not more than 1.8 grams of codeine per 100
30 milliliters or not more than 90 milligrams per dosage unit,
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1 with recognized therapeutic amounts of one or more active
2 ingredients which are not controlled substances.
3 3. Not more than 300 milligrams of hydrocodone per 100
4 milliliters or not more than 15 milligrams per dosage unit,
5 with a fourfold or greater quantity of an isoquinoline
6 alkaloid of opium.
7 4. Not more than 300 milligrams of hydrocodone per 100
8 milliliters or not more than 15 milligrams per dosage unit,
9 with recognized therapeutic amounts of one or more active
10 ingredients that are not controlled substances.
11 5.3. Not more than 1.8 grams of dihydrocodeine per 100
12 milliliters or not more than 90 milligrams per dosage unit,
13 with recognized therapeutic amounts of one or more active
14 ingredients which are not controlled substances.
15 6.4. Not more than 300 milligrams of ethylmorphine per
16 100 milliliters or not more than 15 milligrams per dosage
17 unit, with one or more active, nonnarcotic ingredients in
18 recognized therapeutic amounts.
19 7.5. Not more than 50 milligrams of morphine per 100
20 milliliters or per 100 grams, with recognized therapeutic
21 amounts of one or more active ingredients which are not
22 controlled substances.
23
24 For purposes of charging a person with a violation of s.
25 893.135 involving any controlled substance described in
26 subparagraph 3. or subparagraph 4., the controlled substance
27 is a Schedule III controlled substance pursuant to this
28 paragraph but the weight of the controlled substance per
29 milliliters or per dosage unit is not relevant to the charge
30 of a violation of s. 893.135. The weight of the controlled
31 substance shall be determined pursuant to s. 893.135(6).
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1 Section 2. Section 893.135, Florida Statutes, is
2 amended to read:
3 893.135 Trafficking; mandatory sentences; suspension
4 or reduction of sentences; conspiracy to engage in
5 trafficking.--
6 (1) Except as authorized in this chapter or in chapter
7 499 and notwithstanding the provisions of s. 893.13:
8 (a) 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, in excess
11 of 25 pounds of cannabis, or 300 or more cannabis plants,
12 commits a felony of the first degree, which felony shall be
13 known as "trafficking in cannabis," punishable as provided in
14 s. 775.082, s. 775.083, or s. 775.084. If the quantity of
15 cannabis involved:
16 1. Is in excess of 25 pounds, but less than 2,000
17 pounds, or is 300 or more cannabis plants, but not more than
18 2,000 cannabis plants, such person shall be sentenced to a
19 mandatory minimum term of imprisonment of 3 years, and the
20 defendant shall be ordered to pay a fine of $25,000.
21 2. Is 2,000 pounds or more, but less than 10,000
22 pounds, or is 2,000 or more cannabis plants, but not more than
23 10,000 cannabis plants, such person shall be sentenced to a
24 mandatory minimum term of imprisonment of 7 years, and the
25 defendant shall be ordered to pay a fine of $50,000.
26 3. Is 10,000 pounds or more, or is 10,000 or more
27 cannabis plants, such person shall be sentenced to a mandatory
28 minimum term of imprisonment of 15 calendar years and pay a
29 fine of $200,000.
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1 For the purpose of this paragraph, a plant, including, but not
2 limited to, a seedling or cutting, is a "cannabis plant" if it
3 has some readily observable evidence of root formation, such
4 as root hairs. To determine if a piece or part of a cannabis
5 plant severed from the cannabis plant is itself a cannabis
6 plant, the severed piece or part must have some readily
7 observable evidence of root formation, such as root hairs.
8 Callous tissue is not readily observable evidence of root
9 formation. The viability and sex of a plant and the fact that
10 the plant may or may not be a dead harvested plant are not
11 relevant in determining if the plant is a "cannabis plant" or
12 in the charging of an offense under this paragraph. Upon
13 conviction, the court shall impose the longest term of
14 imprisonment provided for in this paragraph.
15 (b)1. 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, 28 grams or
18 more of cocaine, as described in s. 893.03(2)(a)4., or of any
19 mixture containing cocaine, but less than 150 kilograms of
20 cocaine or any such mixture, commits a felony of the first
21 degree, which felony shall be known as "trafficking in
22 cocaine," punishable as provided in s. 775.082, s. 775.083, or
23 s. 775.084. If the quantity involved:
24 a. Is 28 grams or more, but less than 200 grams, such
25 person shall be sentenced to a mandatory minimum term of
26 imprisonment of 3 years, and the defendant shall be ordered to
27 pay a fine of $50,000.
28 b. Is 200 grams or more, but less than 400 grams, such
29 person shall be sentenced to a mandatory minimum term of
30 imprisonment of 7 years, and the defendant shall be ordered to
31 pay a fine of $100,000.
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1 c. Is 400 grams or more, but less than 150 kilograms,
2 such 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 sells, purchases,
5 manufactures, delivers, or brings into this state, or who is
6 knowingly in actual or constructive possession of, 150
7 kilograms or more of cocaine, as described in s.
8 893.03(2)(a)4., commits the first degree felony of trafficking
9 in cocaine. A person who has been convicted of the first
10 degree felony of trafficking in cocaine under this
11 subparagraph shall be punished by life imprisonment and is
12 ineligible for any form of discretionary early release except
13 pardon or executive clemency or conditional medical release
14 under s. 947.149. However, if the court determines that, in
15 addition to committing any act specified in this paragraph:
16 a. The person intentionally killed an individual or
17 counseled, commanded, induced, procured, or caused the
18 intentional killing of an individual and such killing was the
19 result; or
20 b. The person's conduct in committing that act led to
21 a natural, though not inevitable, lethal result,
22
23 such person commits the capital felony of trafficking in
24 cocaine, punishable as provided in ss. 775.082 and 921.142.
25 Any person sentenced for a capital felony under this paragraph
26 shall also be sentenced to pay the maximum fine provided under
27 subparagraph 1.
28 3. Any person who knowingly brings into this state 300
29 kilograms or more of cocaine, as described in s.
30 893.03(2)(a)4., and who knows that the probable result of such
31 importation would be the death of any person, commits capital
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1 importation of cocaine, a capital felony punishable as
2 provided in ss. 775.082 and 921.142. Any person sentenced for
3 a capital felony under this paragraph shall also be sentenced
4 to pay the maximum fine provided under subparagraph 1.
5 (c)1. Any person who knowingly sells, purchases,
6 manufactures, delivers, or brings into this state, or who is
7 knowingly in actual or constructive possession of, 4 grams or
8 more of any morphine, opium, oxycodone, hydrocodone,
9 hydromorphone, or any salt, derivative, isomer, or salt of an
10 isomer thereof, including heroin, as described in s.
11 893.03(1)(b), or (2)(a), (3)(c)3., or (3)(c)4., or 4 grams or
12 more of any mixture containing any such substance, but less
13 than 30 kilograms of such substance or mixture, commits a
14 felony of the first degree, which felony shall be known as
15 "trafficking in illegal drugs," punishable as provided in s.
16 775.082, s. 775.083, or s. 775.084. If the quantity involved:
17 a. Is 4 grams or more, but less than 14 grams, such
18 person shall be sentenced to a mandatory minimum term of
19 imprisonment of 3 years, and the defendant shall be ordered to
20 pay a fine of $50,000.
21 b. Is 14 grams or more, but less than 28 grams, such
22 person shall be sentenced to a mandatory minimum term of
23 imprisonment of 15 years, and the defendant shall be ordered
24 to pay a fine of $100,000.
25 c. Is 28 grams or more, but less than 30 kilograms,
26 such person shall be sentenced to a mandatory minimum term of
27 imprisonment of 25 calendar years and pay a fine of $500,000.
28 2. 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, 30
31 kilograms or more of any morphine, opium, oxycodone,
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1 hydrocodone, hydromorphone, or any salt, derivative, isomer,
2 or salt of an isomer thereof, including heroin, as described
3 in s. 893.03(1)(b), or (2)(a), (3)(c)3., or (3)(c)4., or 30
4 kilograms or more of any mixture containing any such
5 substance, commits the first degree felony of trafficking in
6 illegal drugs. A person who has been convicted of the first
7 degree felony of trafficking in illegal drugs under this
8 subparagraph shall be punished by life imprisonment and is
9 ineligible for any form of discretionary early release except
10 pardon or executive clemency or conditional medical release
11 under s. 947.149. However, if the court determines that, in
12 addition to committing any act specified in this paragraph:
13 a. The person intentionally killed an individual or
14 counseled, commanded, induced, procured, or caused the
15 intentional killing of an individual and such killing was the
16 result; or
17 b. The person's conduct in committing that act led to
18 a natural, though not inevitable, lethal result,
19
20 such person commits the capital felony of trafficking in
21 illegal drugs, punishable as provided in ss. 775.082 and
22 921.142. Any person sentenced for a capital felony under this
23 paragraph shall also be sentenced to pay the maximum fine
24 provided under subparagraph 1.
25 3. Any person who knowingly brings into this state 60
26 kilograms or more of any morphine, opium, oxycodone,
27 hydrocodone, hydromorphone, or any salt, derivative, isomer,
28 or salt of an isomer thereof, including heroin, as described
29 in s. 893.03(1)(b), or (2)(a), (3)(c)3., or (3)(c)4., or 60
30 kilograms or more of any mixture containing any such
31 substance, and who knows that the probable result of such
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1 importation would be the death of any person, commits capital
2 importation of illegal drugs, a capital felony punishable as
3 provided in ss. 775.082 and 921.142. Any person sentenced for
4 a capital felony under this paragraph shall also be sentenced
5 to pay the maximum fine provided under subparagraph 1.
6 (d)1. Any person who knowingly sells, purchases,
7 manufactures, delivers, or brings into this state, or who is
8 knowingly in actual or constructive possession of, 28 grams or
9 more of phencyclidine or of any mixture containing
10 phencyclidine, as described in s. 893.03(2)(b), commits a
11 felony of the first degree, which felony shall be known as
12 "trafficking in phencyclidine," punishable as provided in s.
13 775.082, s. 775.083, or s. 775.084. If the quantity involved:
14 a. Is 28 grams or more, but less than 200 grams, such
15 person shall be sentenced to a mandatory minimum term of
16 imprisonment of 3 years, and the defendant shall be ordered to
17 pay a fine of $50,000.
18 b. Is 200 grams or more, but less than 400 grams, such
19 person shall be sentenced to a mandatory minimum term of
20 imprisonment of 7 years, and the defendant shall be ordered to
21 pay a fine of $100,000.
22 c. Is 400 grams or more, such person shall be
23 sentenced to a mandatory minimum term of imprisonment of 15
24 calendar years and pay a fine of $250,000.
25 2. Any person who knowingly brings into this state 800
26 grams or more of phencyclidine or of any mixture containing
27 phencyclidine, as described in s. 893.03(2)(b), and who knows
28 that the probable result of such importation would be the
29 death of any person commits capital importation of
30 phencyclidine, a capital felony punishable as provided in ss.
31 775.082 and 921.142. Any person sentenced for a capital felony
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1 under this paragraph shall also be sentenced to pay the
2 maximum fine provided under subparagraph 1.
3 (e)1. Any person who knowingly sells, purchases,
4 manufactures, delivers, or brings into this state, or who is
5 knowingly in actual or constructive possession of, 200 grams
6 or more of methaqualone or of any mixture containing
7 methaqualone, as described in s. 893.03(1)(d), commits a
8 felony of the first degree, which felony shall be known as
9 "trafficking in methaqualone," punishable as provided in s.
10 775.082, s. 775.083, or s. 775.084. If the quantity involved:
11 a. Is 200 grams or more, but less than 5 kilograms,
12 such person shall be sentenced to a mandatory minimum term of
13 imprisonment of 3 years, and the defendant shall be ordered to
14 pay a fine of $50,000.
15 b. Is 5 kilograms or more, but less than 25 kilograms,
16 such person shall be sentenced to a mandatory minimum term of
17 imprisonment of 7 years, and the defendant shall be ordered to
18 pay a fine of $100,000.
19 c. Is 25 kilograms or more, such person shall be
20 sentenced to a mandatory minimum term of imprisonment of 15
21 calendar years and pay a fine of $250,000.
22 2. Any person who knowingly brings into this state 50
23 kilograms or more of methaqualone or of any mixture containing
24 methaqualone, as described in s. 893.03(1)(d), and who knows
25 that the probable result of such importation would be the
26 death of any person commits capital importation of
27 methaqualone, a capital felony punishable as provided in ss.
28 775.082 and 921.142. Any person sentenced for a capital felony
29 under this paragraph shall also be sentenced to pay the
30 maximum fine provided under subparagraph 1.
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1 (f)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, 14 grams or
4 more of amphetamine, as described in s. 893.03(2)(c)2., or
5 methamphetamine, as described in s. 893.03(2)(c)4., or of any
6 mixture containing amphetamine or methamphetamine, or
7 phenylacetone, phenylacetic acid, or ephedrine in conjunction
8 with other chemicals and equipment utilized in the manufacture
9 of amphetamine or methamphetamine, commits a felony of the
10 first degree, which felony shall be known as "trafficking in
11 amphetamine," punishable as provided in s. 775.082, s.
12 775.083, or s. 775.084. If the quantity involved:
13 a. Is 14 grams or more, but less than 28 grams, such
14 person shall be sentenced to a mandatory minimum term of
15 imprisonment of 3 years, and the defendant shall be ordered to
16 pay a fine of $50,000.
17 b. Is 28 grams or more, but less than 200 grams, such
18 person shall be sentenced to a mandatory minimum term of
19 imprisonment of 7 years, and the defendant shall be ordered to
20 pay a fine of $100,000.
21 c. Is 200 grams or more, such person shall be
22 sentenced to a mandatory minimum term of imprisonment of 15
23 calendar years and pay a fine of $250,000.
24 2. Any person who knowingly manufactures or brings
25 into this state 400 grams or more of amphetamine, as described
26 in s. 893.03(2)(c)2., or methamphetamine, as described in s.
27 893.03(2)(c)4., or of any mixture containing amphetamine or
28 methamphetamine, or phenylacetone, phenylacetic acid, or
29 ephedrine in conjunction with other chemicals and equipment
30 used in the manufacture of amphetamine or methamphetamine, and
31 who knows that the probable result of such manufacture or
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1 importation would be the death of any person commits capital
2 manufacture or importation of amphetamine, a capital felony
3 punishable as provided in ss. 775.082 and 921.142. Any person
4 sentenced for a capital felony under this paragraph shall also
5 be sentenced to pay the maximum fine provided under
6 subparagraph 1.
7 (g)1. 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, 4 grams or
10 more of flunitrazepam or any mixture containing flunitrazepam
11 as described in s. 893.03(1)(a) commits a felony of the first
12 degree, which felony shall be known as "trafficking in
13 flunitrazepam," punishable as provided in s. 775.082, s.
14 775.083, or s. 775.084. If the quantity involved:
15 a. Is 4 grams or more but less than 14 grams, such
16 person shall be sentenced to a mandatory minimum term of
17 imprisonment of 3 years, and the defendant shall be ordered to
18 pay a fine of $50,000.
19 b. Is 14 grams or more but less than 28 grams, such
20 person shall be sentenced to a mandatory minimum term of
21 imprisonment of 7 years, and the defendant shall be ordered to
22 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 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 (h)1. Any person who knowingly sells, purchases,
21 manufactures, delivers, or brings into this state, or who is
22 knowingly in actual or constructive possession of, 1 kilogram
23 or more of gamma-hydroxybutyric acid (GHB), as described in s.
24 893.03(2)(b), or any mixture containing gamma-hydroxybutyric
25 acid (GHB), commits a felony of the first degree, which felony
26 shall be known as "trafficking in gamma-hydroxybutyric acid
27 (GHB)," punishable as provided in s. 775.082, s. 775.083, or
28 s. 775.084. If the quantity involved:
29 a. Is 1 kilogram or more but less than 5 kilograms,
30 such person shall be sentenced to a mandatory minimum term of
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1 imprisonment of 3 years, and the defendant shall be ordered to
2 pay a fine of $50,000.
3 b. Is 5 kilograms or more but less than 10 kilograms,
4 such person shall be sentenced to a mandatory minimum term of
5 imprisonment of 7 years, and the defendant shall be ordered to
6 pay a fine of $100,000.
7 c. Is 10 kilograms or more, such person shall be
8 sentenced to a mandatory minimum term of imprisonment of 15
9 calendar years and pay a fine of $250,000.
10 2. Any person who knowingly manufactures or brings
11 into this state 150 kilograms or more of gamma-hydroxybutyric
12 acid (GHB), as described in s. 893.03(2)(b), or any mixture
13 containing gamma-hydroxybutyric acid (GHB), and who knows that
14 the probable result of such manufacture or importation would
15 be the death of any person commits capital manufacture or
16 importation of gamma-hydroxybutyric acid (GHB), a capital
17 felony punishable as provided in ss. 775.082 and 921.142. Any
18 person sentenced for a capital felony under this paragraph
19 shall also be sentenced to pay the maximum fine provided under
20 subparagraph 1.
21 (i)1. 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, 1 kilogram
24 or more of 1,4-Butanediol as described in s. 893.03(2)(b), or
25 of any mixture containing 1,4-Butanediol, commits a felony of
26 the first degree, which felony shall be known as "trafficking
27 in 1,4-Butanediol," punishable as provided in s. 775.082, s.
28 775.083, or s. 775.084. If the quantity involved:
29 a. Is 1 kilogram or more, but less than 5 kilograms,
30 such person shall be sentenced to a mandatory minimum term of
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1 imprisonment of 3 years, and the defendant shall be ordered to
2 pay a fine of $50,000.
3 b. Is 5 kilograms or more, but less than 10 kilograms,
4 such person shall be sentenced to a mandatory minimum term of
5 imprisonment of 7 years, and the defendant shall be ordered to
6 pay a fine of $100,000.
7 c. Is 10 kilograms or more, such person shall be
8 sentenced to a mandatory minimum term of imprisonment of 15
9 calendar years and pay a fine of $500,000.
10 2. Any person who knowingly manufactures or brings
11 into this state 150 kilograms or more of 1,4-Butanediol as
12 described in s. 893.03(2)(b), or any mixture containing
13 1,4-Butanediol, and who knows that the probable result of such
14 manufacture or importation would be the death of any person
15 commits capital manufacture or importation of 1,4-Butanediol,
16 a capital felony punishable as provided in 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 (j)1. Any person who knowingly sells, purchases,
21 manufactures, delivers, or brings into this state, or who is
22 knowingly in actual or constructive possession of, 10 grams or
23 more of any of the following substances described in s.
24 893.03(1)(a) or (c):
25 a. 3,4-Methylenedioxymethamphetamine (MDMA);
26 b. 4-Bromo-2,5-dimethoxyamphetamine;
27 c. 4-Bromo-2,5-dimethoxyphenethylamine;
28 d. 2,5-Dimethoxyamphetamine;
29 e. 2,5-Dimethoxy-4-ethylamphetamine (DOET);
30 f. N-ethylamphetamine;
31 g. N-Hydroxy-3,4-methylenedioxyamphetamine;
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1 h. 5-Methoxy-3,4-methylenedioxyamphetamine;
2 i. 4-methoxyamphetamine;
3 j. 4-Methyl-2,5-dimethoxyamphetamine;
4 k. 3,4-Methylenedioxy-N-ethylamphetamine;
5 l. 3,4-Methylenedioxyamphetamine;
6 m. N,N-dimethylamphetamine; or
7 n. 3,4,5-Trimethoxyamphetamine,
8
9 individually or in any combination of or any mixture
10 containing any substance listed in sub-subparagraphs a.-n.,
11 commits a felony of the first degree, which felony shall be
12 known as "trafficking in Phenethylamines," punishable as
13 provided in s. 775.082, s. 775.083, or s. 775.084.
14 2. If the quantity involved:
15 a. Is 10 grams or more but less than 200 grams, such
16 person shall be sentenced to a mandatory minimum term of
17 imprisonment of 3 years, and the defendant shall be ordered to
18 pay a fine of $50,000.
19 b. Is 200 grams or more, but less than 400 grams, such
20 person shall be sentenced to a mandatory minimum term of
21 imprisonment of 7 years, and the defendant shall be ordered to
22 pay a fine of $100,000.
23 c. Is 400 grams or more, such person shall be
24 sentenced to a mandatory minimum term of imprisonment of 15
25 calendar years and pay a fine of $250,000.
26 3. Any person who knowingly manufactures or brings
27 into this state 30 kilograms or more of any of the following
28 substances described in s. 893.03(1)(a) or (c):
29 a. 3,4-Methylenedioxymethamphetamine (MDMA);
30 b. 4-Bromo-2,5-dimethoxyamphetamine;
31 c. 4-Bromo-2,5-dimethoxyphenethylamine;
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1 d. 2,5-Dimethoxyamphetamine;
2 e. 2,5-Dimethoxy-4-ethylamphetamine (DOET);
3 f. N-ethylamphetamine;
4 g. N-Hydroxy-3,4-methylenedioxyamphetamine;
5 h. 5-Methoxy-3,4-methylenedioxyamphetamine;
6 i. 4-methoxyamphetamine;
7 j. 4-Methyl-2,5-dimethoxyamphetamine;
8 k. 3,4-Methylenedioxy-N-ethylamphetamine;
9 l. 3,4-Methylenedioxyamphetamine;
10 m. N,N-dimethylamphetamine; or
11 n. 3,4,5-Trimethoxyamphetamine,
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13 individually or in any combination of or any mixture
14 containing any substance listed in sub-subparagraphs a.-n.,
15 and who knows that the probable result of such manufacture or
16 importation would be the death of any person commits capital
17 manufacture or importation of Phenethylamines, a capital
18 felony punishable as provided in ss. 775.082 and 921.142. Any
19 person sentenced for a capital felony under this paragraph
20 shall also be sentenced to pay the maximum fine provided under
21 subparagraph 1.
22 (2) A person acts knowingly under subsection (1) if
23 that person intends to sell, purchase, manufacture, deliver,
24 or bring into this state, or to actually or constructively
25 possess, any of the controlled substances listed in subsection
26 (1), regardless of which controlled substance listed in
27 subsection (1) is in fact sold, purchased, manufactured,
28 delivered, or brought into this state, or actually or
29 constructively possessed.
30 (3) Notwithstanding the provisions of s. 948.01, with
31 respect to any person who is found to have violated this
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1 section, adjudication of guilt or imposition of sentence shall
2 not be suspended, deferred, or withheld, nor shall such person
3 be eligible for parole prior to serving the mandatory minimum
4 term of imprisonment prescribed by this section. A person
5 sentenced to a mandatory minimum term of imprisonment under
6 this section is not eligible for any form of discretionary
7 early release, except pardon or executive clemency or
8 conditional medical release under s. 947.149, prior to serving
9 the mandatory minimum term of imprisonment.
10 (4) The state attorney may move the sentencing court
11 to reduce or suspend the sentence of any person who is
12 convicted of a violation of this section and who provides
13 substantial assistance in the identification, arrest, or
14 conviction of any of that person's accomplices, accessories,
15 coconspirators, or principals or of any other person engaged
16 in trafficking in controlled substances. The arresting agency
17 shall be given an opportunity to be heard in aggravation or
18 mitigation in reference to any such motion. Upon good cause
19 shown, the motion may be filed and heard in camera. The judge
20 hearing the motion may reduce or suspend the sentence if the
21 judge finds that the defendant rendered such substantial
22 assistance.
23 (5) Any person who agrees, conspires, combines, or
24 confederates with another person to commit any act prohibited
25 by subsection (1) commits a felony of the first degree and is
26 punishable as if he or she had actually committed such
27 prohibited act. Nothing in this subsection shall be construed
28 to prohibit separate convictions and sentences for a violation
29 of this subsection and any violation of subsection (1).
30 (6) A mixture, as defined in s. 893.02(14), containing
31 any controlled substance described in this section includes,
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1 but is not limited to, a solution or a dosage unit, including,
2 but not limited to, a pill or tablet, containing a controlled
3 substance. For the purpose of clarifying legislative intent
4 regarding the weighing of a mixture containing a controlled
5 substance described in this section, the weight of the
6 controlled substance is the total weight of the mixture,
7 including the controlled substance and any other substance in
8 the mixture. If there is more than one mixture containing the
9 same controlled substance, the weight of the controlled
10 substance is calculated by aggregating the total weight of
11 each mixture.
12 (7) For the purpose of further clarifying legislative
13 intent, the Legislature finds that the opinion in Hayes v.
14 State, 760 So.2d 1 (Fla. 1999) does not correctly construe
15 legislative intent. The Legislature finds that the opinions in
16 State v. Hayes, 720 So.2d 1095 (Fla. 4th DCA 1998) and State
17 v. Baxley, 684 So.2d 831 (Fla. 5th DCA 1996) correctly
18 construe legislative intent.
19 Section 3. For the purpose of incorporating the
20 amendments to section 893.135, Florida Statutes, in a
21 reference thereto, subsection (14) of section 893.02, Florida
22 Statutes, is reenacted to read:
23 893.02 Definitions.--The following words and phrases
24 as used in this chapter shall have the following meanings,
25 unless the context otherwise requires:
26 (14) "Mixture" means any physical combination of two
27 or more substances.
28 Section 4. For the purpose of incorporating the
29 amendment to section 893.03, Florida Statutes, in references
30 thereto, paragraphs (b), (c), and (e) of subsection (3) of
31 section 921.0022, Florida Statutes, are reenacted to read:
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1 921.0022 Criminal Punishment Code; offense severity
2 ranking chart.--
3 (3) OFFENSE SEVERITY RANKING CHART
4
5 Florida Felony
6 Statute Degree Description
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8
9 (b) LEVEL 2
10 403.413(5)(c) 3rd Dumps waste litter exceeding 500
11 lbs. in weight or 100 cubic feet
12 in volume or any quantity for
13 commercial purposes, or hazardous
14 waste.
15 517.07 3rd Registration of securities and
16 furnishing of prospectus
17 required.
18 590.28(1) 3rd Willful, malicious, or
19 intentional burning.
20 784.05(3) 3rd Storing or leaving a loaded
21 firearm within reach of minor who
22 uses it to inflict injury or
23 death.
24 787.04(1) 3rd In violation of court order,
25 take, entice, etc., minor beyond
26 state limits.
27 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000
28 or more to public communication
29 or any other public service.
30 810.09(2)(e) 3rd Trespassing on posted commerical
31 horticulture property.
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1 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or
2 more but less than $5,000.
3 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or
4 more but less than $300, taken
5 from unenclosed curtilage of
6 dwelling.
7 817.234(1)(a)2. 3rd False statement in support of
8 insurance claim.
9 817.481(3)(a) 3rd Obtain credit or purchase with
10 false, expired, counterfeit,
11 etc., credit card, value over
12 $300.
13 817.52(3) 3rd Failure to redeliver hired
14 vehicle.
15 817.54 3rd With intent to defraud, obtain
16 mortgage note, etc., by false
17 representation.
18 817.60(5) 3rd Dealing in credit cards of
19 another.
20 817.60(6)(a) 3rd Forgery; purchase goods, services
21 with false card.
22 817.61 3rd Fraudulent use of credit cards
23 over $100 or more within 6
24 months.
25 826.04 3rd Knowingly marries or has sexual
26 intercourse with person to whom
27 related.
28 831.01 3rd Forgery.
29 831.02 3rd Uttering forged instrument;
30 utters or publishes alteration
31 with intent to defraud.
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1 831.07 3rd Forging bank bills or promissory
2 note.
3 831.08 3rd Possession of 10 or more forged
4 notes.
5 831.09 3rd Uttering forged bills; passes as
6 bank bill or promissory note.
7 832.05(3)(a) 3rd Cashing or depositing item with
8 intent to defraud.
9 843.08 3rd Falsely impersonating an officer.
10 893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c),
11 (2)(c)1., (2)(c)2., (2)(c)3.,
12 (2)(c)5., (2)(c)6., (2)(c)7.,
13 (2)(c)8., (2)(c)9., (3), or (4)
14 drugs other than cannabis.
15 893.147(2) 3rd Manufacture or delivery of drug
16 paraphernalia.
17 (c) LEVEL 3
18 316.1935(2) 3rd Fleeing or attempting to elude
19 law enforcement officer in marked
20 patrol vehicle with siren and
21 lights activated.
22 319.30(4) 3rd Possession by junkyard of motor
23 vehicle with identification
24 number plate removed.
25 319.33(1)(a) 3rd Alter or forge any certificate of
26 title to a motor vehicle or
27 mobile home.
28 319.33(1)(c) 3rd Procure or pass title on stolen
29 vehicle.
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1 319.33(4) 3rd With intent to defraud, possess,
2 sell, etc., a blank, forged, or
3 unlawfully obtained title or
4 registration.
5 328.05(2) 3rd Possess, sell, or counterfeit
6 fictitious, stolen, or fraudulent
7 titles or bills of sale of
8 vessels.
9 328.07(4) 3rd Manufacture, exchange, or possess
10 vessel with counterfeit or wrong
11 ID number.
12 376.302(5) 3rd Fraud related to reimbursement
13 for cleanup expenses under the
14 Inland Protection Trust Fund.
15 501.001(2)(b) 2nd Tampers with a consumer product
16 or the container using materially
17 false/misleading information.
18 697.08 3rd Equity skimming.
19 790.15(3) 3rd Person directs another to
20 discharge firearm from a vehicle.
21 796.05(1) 3rd Live on earnings of a prostitute.
22 806.10(1) 3rd Maliciously injure, destroy, or
23 interfere with vehicles or
24 equipment used in firefighting.
25 806.10(2) 3rd Interferes with or assaults
26 firefighter in performance of
27 duty.
28 810.09(2)(c) 3rd Trespass on property other than
29 structure or conveyance armed
30 with firearm or dangerous weapon.
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1 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but
2 less than $10,000.
3 815.04(4)(b) 2nd Computer offense devised to
4 defraud or obtain property.
5 817.034(4)(a)3. 3rd Engages in scheme to defraud
6 (Florida Communications Fraud
7 Act), property valued at less
8 than $20,000.
9 817.233 3rd Burning to defraud insurer.
10 828.12(2) 3rd Tortures any animal with intent
11 to inflict intense pain, serious
12 physical injury, or death.
13 831.29 2nd Possession of instruments for
14 counterfeiting drivers' licenses
15 or identification cards.
16 838.021(3)(b) 3rd Threatens unlawful harm to public
17 servant.
18 843.19 3rd Injure, disable, or kill police
19 dog or horse.
20 870.01(2) 3rd Riot; inciting or encouraging.
21 893.13(1)(a)2. 3rd Sell, manufacture, or deliver
22 cannabis (or other s.
23 893.03(1)(c), (2)(c)1., (2)(c)2.,
24 (2)(c)3., (2)(c)5., (2)(c)6.,
25 (2)(c)7., (2)(c)8., (2)(c)9.,
26 (3), or (4) drugs).
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1 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s.
2 893.03(1)(c), (2)(c)1., (2)(c)2.,
3 (2)(c)3., (2)(c)5., (2)(c)6.,
4 (2)(c)7., (2)(c)8., (2)(c)9.,
5 (3), or (4) drugs within 200 feet
6 of university or public park.
7 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s.
8 893.03(1)(c), (2)(c)1., (2)(c)2.,
9 (2)(c)3., (2)(c)5., (2)(c)6.,
10 (2)(c)7., (2)(c)8., (2)(c)9.,
11 (3), or (4) drugs within 200 feet
12 of public housing facility.
13 893.13(6)(a) 3rd Possession of any controlled
14 substance other than felony
15 possession of cannabis.
16 893.13(7)(a)9. 3rd Obtain or attempt to obtain
17 controlled substance by fraud,
18 forgery, misrepresentation, etc.
19 893.13(7)(a)11. 3rd Furnish false or fraudulent
20 material information on any
21 document or record required by
22 chapter 893.
23 918.13(1)(a) 3rd Alter, destroy, or conceal
24 investigation evidence.
25 944.47
26 (1)(a)1.-2. 3rd Introduce contraband to
27 correctional facility.
28 944.47(1)(c) 2nd Possess contraband while upon the
29 grounds of a correctional
30 institution.
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1 985.3141 3rd Escapes from a juvenile facility
2 (secure detention or residential
3 commitment facility).
4 (e) LEVEL 5
5 316.027(1)(a) 3rd Accidents involving personal
6 injuries, failure to stop;
7 leaving scene.
8 316.1935(4) 2nd Aggravated fleeing or eluding.
9 322.34(6) 3rd Careless operation of motor
10 vehicle with suspended license,
11 resulting in death or serious
12 bodily injury.
13 327.30(5) 3rd Vessel accidents involving
14 personal injury; leaving scene.
15 381.0041(11)(b) 3rd Donate blood, plasma, or organs
16 knowing HIV positive.
17 790.01(2) 3rd Carrying a concealed firearm.
18 790.162 2nd Threat to throw or discharge
19 destructive device.
20 790.163 2nd False report of deadly explosive.
21 790.165(2) 3rd Manufacture, sell, possess, or
22 deliver hoax bomb.
23 790.221(1) 2nd Possession of short-barreled
24 shotgun or machine gun.
25 790.23 2nd Felons in possession of firearms
26 or electronic weapons or devices.
27 800.04(6)(c) 3rd Lewd or lascivious conduct;
28 offender less than 18 years.
29 800.04(7)(c) 2nd Lewd or lascivious exhibition;
30 offender 18 years or older.
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1 806.111(1) 3rd Possess, manufacture, or dispense
2 fire bomb with intent to damage
3 any structure or property.
4 812.019(1) 2nd Stolen property; dealing in or
5 trafficking in.
6 812.131(2)(b) 3rd Robbery by sudden snatching.
7 812.16(2) 3rd Owning, operating, or conducting
8 a chop shop.
9 817.034(4)(a)2. 2nd Communications fraud, value
10 $20,000 to $50,000.
11 825.1025(4) 3rd Lewd or lascivious exhibition in
12 the presence of an elderly person
13 or disabled adult.
14 827.071(4) 2nd Possess with intent to promote
15 any photographic material, motion
16 picture, etc., which includes
17 sexual conduct by a child.
18 843.01 3rd Resist officer with violence to
19 person; resist arrest with
20 violence.
21 874.05(2) 2nd Encouraging or recruiting another
22 to join a criminal street gang;
23 second or subsequent offense.
24 893.13(1)(a)1. 2nd Sell, manufacture, or deliver
25 cocaine (or other s.
26 893.03(1)(a), (1)(b), (1)(d),
27 (2)(a), (2)(b), or (2)(c)4.
28 drugs).
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1 893.13(1)(c)2. 2nd Sell, manufacture, or deliver
2 cannabis (or other s.
3 893.03(1)(c), (2)(c)1., (2)(c)2.,
4 (2)(c)3., (2)(c)5., (2)(c)6.,
5 (2)(c)7., (2)(c)8., (2)(c)9.,
6 (3), or (4) drugs) within 1,000
7 feet of a child care facility or
8 school.
9 893.13(1)(d)1. 1st Sell, manufacture, or deliver
10 cocaine (or other s.
11 893.03(1)(a), (1)(b), (1)(d),
12 (2)(a), (2)(b), or (2)(c)4.
13 drugs) within 200 feet of
14 university or public park.
15 893.13(1)(e)2. 2nd Sell, manufacture, or deliver
16 cannabis or other drug prohibited
17 under s. 893.03(1)(c), (2)(c)1.,
18 (2)(c)2., (2)(c)3., (2)(c)5.,
19 (2)(c)6., (2)(c)7., (2)(c)8.,
20 (2)(c)9., (3), or (4) within
21 1,000 feet of property used for
22 religious services or a specified
23 business site.
24 893.13(1)(f)1. 1st Sell, manufacture, or deliver
25 cocaine (or other s.
26 893.03(1)(a), (1)(b), (1)(d), or
27 (2)(a), (2)(b), or (2)(c)4.
28 drugs) within 200 feet of public
29 housing facility.
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1 893.13(4)(b) 2nd Deliver to minor cannabis (or
2 other s. 893.03(1)(c), (2)(c)1.,
3 (2)(c)2., (2)(c)3., (2)(c)5.,
4 (2)(c)6., (2)(c)7., (2)(c)8.,
5 (2)(c)9., (3), or (4) drugs).
6 Section 5. This act shall take effect July 1, 2001.
7
8 *****************************************
9 HOUSE SUMMARY
10
Provides that, for the purpose of charging trafficking,
11 the weight of the hydrocodone, or any other controlled
substance, in a mixture is the weight of the mixture.
12
13 Provides that if there is more than one mixture
containing hydrocodone or any other controlled substance,
14 the weight of the hydrocodone or other controlled
substance is calculated by aggregating the weight of each
15 mixture.
16
Provides legislative findings that, for the purpose of
17 charging trafficking, the weight of hydrocodone, or any
other controlled substance, in a mixture is the weight of
18 the mixture.
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