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.