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 to a |
4 | mandatory minimum term of imprisonment following a second |
5 | or subsequent conviction of selling, purchasing, |
6 | manufacturing, delivering, or bringing a specified |
7 | quantity of cocaine into the state; providing an effective |
8 | date. |
9 |
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10 | Be It Enacted by the Legislature of the State of Florida: |
11 |
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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, |
39 | manufactures, delivers, or brings into this state, or who is |
40 | knowingly in actual or constructive possession of, 150 kilograms |
41 | or more of cocaine, as described in s. 893.03(2)(a)4., commits |
42 | the first degree felony of trafficking in cocaine. A person who |
43 | has been convicted of the first degree felony of trafficking in |
44 | cocaine under this subparagraph shall be punished by life |
45 | imprisonment and is ineligible for any form of discretionary |
46 | early release except pardon or executive clemency or conditional |
47 | medical release under s. 947.149. However, if the court |
48 | determines that, in addition to committing any act specified in |
49 | this paragraph: |
50 | a. The person intentionally killed an individual or |
51 | counseled, commanded, induced, procured, or caused the |
52 | intentional killing of an individual and such killing was the |
53 | result; or |
54 | b. The person's conduct in committing that act led to a |
55 | natural, though not inevitable, lethal result, |
56 |
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57 | such person commits the capital felony of trafficking in |
58 | cocaine, punishable as provided in ss. 775.082 and 921.142. Any |
59 | person sentenced for a capital felony under this paragraph shall |
60 | also be sentenced to pay the maximum fine provided under |
61 | subparagraph 1. |
62 | 3. Any person who knowingly brings into this state 300 |
63 | kilograms or more of cocaine, as described in s. 893.03(2)(a)4., |
64 | and who knows that the probable result of such importation would |
65 | be the death of any person, commits capital importation of |
66 | cocaine, a capital felony punishable as provided in ss. 775.082 |
67 | and 921.142. Any person sentenced for a capital felony under |
68 | this paragraph shall also be sentenced to pay the maximum fine |
69 | provided under subparagraph 1. |
70 | Section 2. This act shall take effect July 1, 2009. |