Florida Senate - 2009 SB 1822 By Senator Joyner 18-01579-09 20091822__ 1 A bill to be entitled 2 An act relating to trafficking in cocaine; amending s. 3 893.135, F.S.; providing for a person to be sentenced 4 to a mandatory minimum term of imprisonment following 5 a second or subsequent conviction of selling, 6 purchasing, manufacturing, delivering, or bringing a 7 specified quantity of cocaine into the state; 8 providing an effective date. 9 10 Be It Enacted by the Legislature of the State of Florida: 11 12 Section 1. Paragraph (b) of subsection (1) of section 13 893.135, Florida Statutes, is amended to read: 14 893.135 Trafficking; mandatory sentences; suspension or 15 reduction of sentences; conspiracy to engage in trafficking.— 16 (1) Except as authorized in this chapter or in chapter 499 17 and notwithstanding the provisions of s. 893.13: 18 (b)1. Any person who knowingly sells, purchases, 19 manufactures, delivers, or brings into this state, or who is 20 knowingly in actual or constructive possession of, 28 grams or 21 more of cocaine, as described in s. 893.03(2)(a)4., or of any 22 mixture containing cocaine, but less than 150 kilograms of 23 cocaine or any such mixture, commits a felony of the first 24 degree, which felony shall be known as “trafficking in cocaine,” 25 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 26 If the quantity involved: 27 a. Is 28 grams or more, but less than 200 grams, such 28 person shall be sentenced to a mandatory minimum term of 29 imprisonment of 3 years for a second or subsequent conviction, 30 and the defendant shall be ordered to pay a fine of $50,000. 31 b. Is 200 grams or more, but less than 400 grams, such 32 person shall be sentenced to a mandatory minimum term of 33 imprisonment of 7 years, and the defendant shall be ordered to 34 pay a fine of $100,000. 35 c. Is 400 grams or more, but less than 150 kilograms, such 36 person shall be sentenced to a mandatory minimum term of 37 imprisonment of 15 calendar years and pay a fine of $250,000. 38 2. Any person who knowingly sells, purchases, manufactures, 39 delivers, or brings into this state, or who is knowingly in 40 actual or constructive possession of, 150 kilograms or more of 41 cocaine, as described in s. 893.03(2)(a)4., commits the first 42 degree felony of trafficking in cocaine. A person who has been 43 convicted of the first degree felony of trafficking in cocaine 44 under this subparagraph shall be punished by life imprisonment 45 and is ineligible for any form of discretionary early release 46 except pardon or executive clemency or conditional medical 47 release under s. 947.149. However, if the court determines that, 48 in addition to committing any act specified in this paragraph: 49 a. The person intentionally killed an individual or 50 counseled, commanded, induced, procured, or caused the 51 intentional killing of an individual and such killing was the 52 result; or 53 b. The person's conduct in committing that act led to a 54 natural, though not inevitable, lethal result, 55 such person commits the capital felony of trafficking in 56 cocaine, punishable as provided in ss. 775.082 and 921.142. Any 57 person sentenced for a capital felony under this paragraph shall 58 also be sentenced to pay the maximum fine provided under 59 subparagraph 1. 60 3. Any person who knowingly brings into this state 300 61 kilograms or more of cocaine, as described in s. 893.03(2)(a)4., 62 and who knows that the probable result of such importation would 63 be the death of any person, commits capital importation of 64 cocaine, a capital felony punishable as provided in ss. 775.082 65 and 921.142. Any person sentenced for a capital felony under 66 this paragraph shall also be sentenced to pay the maximum fine 67 provided under subparagraph 1. 68 Section 2. This act shall take effect July 1, 2009.