HB 927

1
A bill to be entitled
2An act relating to trafficking in cocaine; amending s.
3893.135, F.S.; providing for a person to be sentenced to a
4mandatory minimum term of imprisonment following a second
5or subsequent conviction of selling, purchasing,
6manufacturing, delivering, or bringing a specified
7quantity of cocaine into the state; providing an effective
8date.
9
10Be It Enacted by the Legislature of the State of Florida:
11
12     Section 1.  Paragraph (b) of subsection (1) of section
13893.135, Florida Statutes, is amended to read:
14     893.135  Trafficking; mandatory sentences; suspension or
15reduction of sentences; conspiracy to engage in trafficking.--
16     (1)  Except as authorized in this chapter or in chapter 499
17and notwithstanding the provisions of s. 893.13:
18     (b)1.  Any person who knowingly sells, purchases,
19manufactures, delivers, or brings into this state, or who is
20knowingly in actual or constructive possession of, 28 grams or
21more of cocaine, as described in s. 893.03(2)(a)4., or of any
22mixture containing cocaine, but less than 150 kilograms of
23cocaine or any such mixture, commits a felony of the first
24degree, which felony shall be known as "trafficking in cocaine,"
25punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
26If the quantity involved:
27     a.  Is 28 grams or more, but less than 200 grams, such
28person shall be sentenced to a mandatory minimum term of
29imprisonment of 3 years for a second or subsequent conviction,
30and 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
32person shall be sentenced to a mandatory minimum term of
33imprisonment of 7 years, and the defendant shall be ordered to
34pay a fine of $100,000.
35     c.  Is 400 grams or more, but less than 150 kilograms, such
36person shall be sentenced to a mandatory minimum term of
37imprisonment of 15 calendar years and pay a fine of $250,000.
38     2.  Any person who knowingly sells, purchases,
39manufactures, delivers, or brings into this state, or who is
40knowingly in actual or constructive possession of, 150 kilograms
41or more of cocaine, as described in s. 893.03(2)(a)4., commits
42the first degree felony of trafficking in cocaine. A person who
43has been convicted of the first degree felony of trafficking in
44cocaine under this subparagraph shall be punished by life
45imprisonment and is ineligible for any form of discretionary
46early release except pardon or executive clemency or conditional
47medical release under s. 947.149. However, if the court
48determines that, in addition to committing any act specified in
49this paragraph:
50     a.  The person intentionally killed an individual or
51counseled, commanded, induced, procured, or caused the
52intentional killing of an individual and such killing was the
53result; or
54     b.  The person's conduct in committing that act led to a
55natural, though not inevitable, lethal result,
56
57such person commits the capital felony of trafficking in
58cocaine, punishable as provided in ss. 775.082 and 921.142. Any
59person sentenced for a capital felony under this paragraph shall
60also be sentenced to pay the maximum fine provided under
61subparagraph 1.
62     3.  Any person who knowingly brings into this state 300
63kilograms or more of cocaine, as described in s. 893.03(2)(a)4.,
64and who knows that the probable result of such importation would
65be the death of any person, commits capital importation of
66cocaine, a capital felony punishable as provided in ss. 775.082
67and 921.142. Any person sentenced for a capital felony under
68this paragraph shall also be sentenced to pay the maximum fine
69provided under subparagraph 1.
70     Section 2.  This act shall take effect July 1, 2009.


CODING: Words stricken are deletions; words underlined are additions.