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.

30

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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

31

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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;

                                  15

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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,

12

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:

                                  19

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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

  7

  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.

30

31

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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.

31

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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).

27

28

29

30

31

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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.

31

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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.

31

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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).

29

30

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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.

30

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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.

19

20

21

22

23

24

25

26

27

28

29

30

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