| 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. |