1 | A bill to be entitled |
2 | An act relating to the sentencing of inmates; amending s. |
3 | 893.135, F.S.; removing all references to imposing |
4 | mandatory minimum sentences for defendants convicted of |
5 | trafficking in controlled substances; defining the terms |
6 | "department" and "nonviolent offender"; directing the |
7 | Department of Corrections to develop and administer a |
8 | reentry program for nonviolent offenders which is intended |
9 | to divert nonviolent offenders from long periods of |
10 | incarceration; requiring that the program include |
11 | intensive substance abuse treatment and rehabilitative |
12 | programming; providing for the minimum length of service |
13 | in the program; providing that any portion of a sentence |
14 | before placement in the program does not count as progress |
15 | toward program completion; specifying eligibility criteria |
16 | for a nonviolent offender to be placed into the reentry |
17 | program; directing the department to notify the nonviolent |
18 | offender's sentencing court to obtain approval before the |
19 | nonviolent offender is placed into the reentry program; |
20 | requiring the department to notify the state attorney; |
21 | authorizing the state attorney to file objections to |
22 | placing the offender into the reentry program within a |
23 | specified period; requiring the sentencing court to notify |
24 | the department of the court's decision to approve or |
25 | disapprove the requested placement within a specified |
26 | period; providing that failure of the court to timely |
27 | notify the department of the court's decision constitutes |
28 | approval by the requested placement; requiring the |
29 | nonviolent offender to undergo an education assessment and |
30 | a full substance abuse assessment if admitted into the |
31 | reentry program; requiring the offender to be enrolled in |
32 | an adult education program in specified circumstances; |
33 | requiring that assessments of vocational skills and future |
34 | career education be provided to the offender; requiring |
35 | that certain reevaluation be made periodically; providing |
36 | that the nonviolent offender is subject to the |
37 | disciplinary rules of the department; specifying the |
38 | reasons for which the offender may be terminated from the |
39 | reentry program; requiring that the department submit a |
40 | report to the sentencing court at least 30 days before the |
41 | nonviolent offender is scheduled to complete the reentry |
42 | program; setting forth the issues to be addressed in the |
43 | report; requiring the sentencing court to issue an order |
44 | modifying the sentence imposed and place the nonviolent |
45 | offender on drug offender probation if the nonviolent |
46 | offender's performance is satisfactory; authorizing the |
47 | court to revoke probation and impose the original sentence |
48 | in specified circumstances; authorizing the court to |
49 | require the offender to complete a postadjudicatory drug |
50 | court program in specified circumstances; directing the |
51 | department to implement the reentry program using |
52 | available resources; requiring the department to submit an |
53 | annual report to the Governor and Legislature detailing |
54 | the extent of implementation of the reentry program and |
55 | outlining future goals and recommendations; authorizing |
56 | the department to enter into contracts with qualified |
57 | individuals, agencies, or corporations for services for |
58 | the reentry program; authorizing the department to impose |
59 | administrative or protective confinement as necessary; |
60 | authorizing the department to establish a system of |
61 | incentives within the reentry program which the department |
62 | may use to promote participation in rehabilitative |
63 | programs and the orderly operation of institutions and |
64 | facilities; directing the department to develop a system |
65 | for tracking recidivism, including, but not limited to, |
66 | rearrests and recommitment of nonviolent offenders who |
67 | successfully complete the reentry program, and to report |
68 | on recidivism in its annual report of the program; |
69 | directing the department to adopt rules; providing an |
70 | effective date. |
71 |
|
72 | Be It Enacted by the Legislature of the State of Florida: |
73 |
|
74 | Section 1. Section 893.135, Florida Statutes, is amended |
75 | to read: |
76 | 893.135 Trafficking; mandatory sentences; suspension or |
77 | reduction of sentences; conspiracy to engage in trafficking.- |
78 | (1) Except as authorized in this chapter or in chapter 499 |
79 | and notwithstanding the provisions of s. 893.13: |
80 | (a) Any person who knowingly sells, purchases, |
81 | manufactures, delivers, or brings into this state, or who is |
82 | knowingly in actual or constructive possession of, in excess of |
83 | 25 pounds of cannabis, or 300 or more cannabis plants, commits a |
84 | felony of the first degree, which felony shall be known as |
85 | "trafficking in cannabis," punishable as provided in s. 775.082, |
86 | s. 775.083, or s. 775.084. If the quantity of cannabis involved: |
87 | 1. Is in excess of 25 pounds, but less than 2,000 pounds, |
88 | or is 300 or more cannabis plants, but not more than 2,000 |
89 | cannabis plants, such person shall be sentenced to a mandatory |
90 | minimum term of imprisonment of 3 years, and the defendant shall |
91 | be ordered to pay a fine of $25,000. |
92 | 2. Is 2,000 pounds or more, but less than 10,000 pounds, |
93 | or is 2,000 or more cannabis plants, but not more than 10,000 |
94 | cannabis plants, such person shall be sentenced to a mandatory |
95 | minimum term of imprisonment of 7 years, and the defendant shall |
96 | be ordered to pay a fine of $50,000. |
97 | 3. Is 10,000 pounds or more, or is 10,000 or more cannabis |
98 | plants, such person shall be ordered sentenced to a mandatory |
99 | minimum term of imprisonment of 15 calendar years and pay a fine |
100 | of $200,000. |
101 |
|
102 | For the purpose of this paragraph, a plant, including, but not |
103 | limited to, a seedling or cutting, is a "cannabis plant" if it |
104 | has some readily observable evidence of root formation, such as |
105 | root hairs. To determine if a piece or part of a cannabis plant |
106 | severed from the cannabis plant is itself a cannabis plant, the |
107 | severed piece or part must have some readily observable evidence |
108 | of root formation, such as root hairs. Callous tissue is not |
109 | readily observable evidence of root formation. The viability and |
110 | sex of a plant and the fact that the plant may or may not be a |
111 | dead harvested plant are not relevant in determining if the |
112 | plant is a "cannabis plant" or in the charging of an offense |
113 | under this paragraph. Upon conviction, the court shall impose |
114 | the longest term of imprisonment provided for in this paragraph. |
115 | (b)1. Any person who knowingly sells, purchases, |
116 | manufactures, delivers, or brings into this state, or who is |
117 | knowingly in actual or constructive possession of, 28 grams or |
118 | more of cocaine, as described in s. 893.03(2)(a)4., or of any |
119 | mixture containing cocaine, but less than 150 kilograms of |
120 | cocaine or any such mixture, commits a felony of the first |
121 | degree, which felony shall be known as "trafficking in cocaine," |
122 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
123 | If the quantity involved: |
124 | a. Is 28 grams or more, but less than 200 grams, such |
125 | person shall be sentenced to a mandatory minimum term of |
126 | imprisonment of 3 years, and the defendant shall be ordered to |
127 | pay a fine of $50,000. |
128 | b. Is 200 grams or more, but less than 400 grams, such |
129 | person shall be sentenced to a mandatory minimum term of |
130 | imprisonment of 7 years, and the defendant shall be ordered to |
131 | pay a fine of $100,000. |
132 | c. Is 400 grams or more, but less than 150 kilograms, such |
133 | person shall be ordered sentenced to a mandatory minimum term of |
134 | imprisonment of 15 calendar years and pay a fine of $250,000. |
135 | 2. Any person who knowingly sells, purchases, |
136 | manufactures, delivers, or brings into this state, or who is |
137 | knowingly in actual or constructive possession of, 150 kilograms |
138 | or more of cocaine, as described in s. 893.03(2)(a)4., commits |
139 | the first degree felony of trafficking in cocaine. A person who |
140 | has been convicted of the first degree felony of trafficking in |
141 | cocaine under this subparagraph shall be punished by life |
142 | imprisonment and is ineligible for any form of discretionary |
143 | early release except pardon or executive clemency or conditional |
144 | medical release under s. 947.149. However, if the court |
145 | determines that, in addition to committing any act specified in |
146 | this paragraph: |
147 | a. The person intentionally killed an individual or |
148 | counseled, commanded, induced, procured, or caused the |
149 | intentional killing of an individual and such killing was the |
150 | result; or |
151 | b. The person's conduct in committing that act led to a |
152 | natural, though not inevitable, lethal result, |
153 |
|
154 | such person commits the capital felony of trafficking in |
155 | cocaine, punishable as provided in ss. 775.082 and 921.142. Any |
156 | person sentenced for a capital felony under this paragraph shall |
157 | also be sentenced to pay the maximum fine provided under |
158 | subparagraph 1. |
159 | 3. Any person who knowingly brings into this state 300 |
160 | kilograms or more of cocaine, as described in s. 893.03(2)(a)4., |
161 | and who knows that the probable result of such importation would |
162 | be the death of any person, commits capital importation of |
163 | cocaine, a capital felony punishable as provided in ss. 775.082 |
164 | and 921.142. Any person sentenced for a capital felony under |
165 | this paragraph shall also be sentenced to pay the maximum fine |
166 | provided under subparagraph 1. |
167 | (c)1. Any person who knowingly sells, purchases, |
168 | manufactures, delivers, or brings into this state, or who is |
169 | knowingly in actual or constructive possession of, 4 grams or |
170 | more of any morphine, opium, oxycodone, hydrocodone, |
171 | hydromorphone, or any salt, derivative, isomer, or salt of an |
172 | isomer thereof, including heroin, as described in s. |
173 | 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 4 grams or more |
174 | of any mixture containing any such substance, but less than 30 |
175 | kilograms of such substance or mixture, commits a felony of the |
176 | first degree, which felony shall be known as "trafficking in |
177 | illegal drugs," punishable as provided in s. 775.082, s. |
178 | 775.083, or s. 775.084. If the quantity involved: |
179 | a. Is 4 grams or more, but less than 14 grams, such person |
180 | shall be sentenced to a mandatory minimum term of imprisonment |
181 | of 3 years, and the defendant shall be ordered to pay a fine of |
182 | $50,000. |
183 | b. Is 14 grams or more, but less than 28 grams, such |
184 | person shall be sentenced to a mandatory minimum term of |
185 | imprisonment of 15 years, and the defendant shall be ordered to |
186 | pay a fine of $100,000. |
187 | c. Is 28 grams or more, but less than 30 kilograms, such |
188 | person shall be ordered sentenced to a mandatory minimum term of |
189 | imprisonment of 25 calendar years and pay a fine of $500,000. |
190 | 2. Any person who knowingly sells, purchases, |
191 | manufactures, delivers, or brings into this state, or who is |
192 | knowingly in actual or constructive possession of, 30 kilograms |
193 | or more of any morphine, opium, oxycodone, hydrocodone, |
194 | hydromorphone, or any salt, derivative, isomer, or salt of an |
195 | isomer thereof, including heroin, as described in s. |
196 | 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or |
197 | more of any mixture containing any such substance, commits the |
198 | first degree felony of trafficking in illegal drugs. A person |
199 | who has been convicted of the first degree felony of trafficking |
200 | in illegal drugs under this subparagraph shall be punished by |
201 | life imprisonment and is ineligible for any form of |
202 | discretionary early release except pardon or executive clemency |
203 | or conditional medical release under s. 947.149. However, if the |
204 | court determines that, in addition to committing any act |
205 | specified in this paragraph: |
206 | a. The person intentionally killed an individual or |
207 | counseled, commanded, induced, procured, or caused the |
208 | intentional killing of an individual and such killing was the |
209 | result; or |
210 | b. The person's conduct in committing that act led to a |
211 | natural, though not inevitable, lethal result, |
212 |
|
213 | such person commits the capital felony of trafficking in illegal |
214 | drugs, punishable as provided in ss. 775.082 and 921.142. Any |
215 | person sentenced for a capital felony under this paragraph shall |
216 | also be sentenced to pay the maximum fine provided under |
217 | subparagraph 1. |
218 | 3. Any person who knowingly brings into this state 60 |
219 | kilograms or more of any morphine, opium, oxycodone, |
220 | hydrocodone, hydromorphone, or any salt, derivative, isomer, or |
221 | salt of an isomer thereof, including heroin, as described in s. |
222 | 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 60 kilograms or |
223 | more of any mixture containing any such substance, and who knows |
224 | that the probable result of such importation would be the death |
225 | of any person, commits capital importation of illegal drugs, a |
226 | capital felony punishable as provided in ss. 775.082 and |
227 | 921.142. Any person sentenced for a capital felony under this |
228 | paragraph shall also be sentenced to pay the maximum fine |
229 | provided under subparagraph 1. |
230 | (d)1. Any person who knowingly sells, purchases, |
231 | manufactures, delivers, or brings into this state, or who is |
232 | knowingly in actual or constructive possession of, 28 grams or |
233 | more of phencyclidine or of any mixture containing |
234 | phencyclidine, as described in s. 893.03(2)(b), commits a felony |
235 | of the first degree, which felony shall be known as "trafficking |
236 | in phencyclidine," punishable as provided in s. 775.082, s. |
237 | 775.083, or s. 775.084. If the quantity involved: |
238 | a. Is 28 grams or more, but less than 200 grams, such |
239 | person shall be sentenced to a mandatory minimum term of |
240 | imprisonment of 3 years, and the defendant shall be ordered to |
241 | pay a fine of $50,000. |
242 | b. Is 200 grams or more, but less than 400 grams, such |
243 | person shall be sentenced to a mandatory minimum term of |
244 | imprisonment of 7 years, and the defendant shall be ordered to |
245 | pay a fine of $100,000. |
246 | c. Is 400 grams or more, such person shall be ordered |
247 | sentenced to a mandatory minimum term of imprisonment of 15 |
248 | calendar years and pay a fine of $250,000. |
249 | 2. Any person who knowingly brings into this state 800 |
250 | grams or more of phencyclidine or of any mixture containing |
251 | phencyclidine, as described in s. 893.03(2)(b), and who knows |
252 | that the probable result of such importation would be the death |
253 | of any person commits capital importation of phencyclidine, a |
254 | capital felony punishable as provided in ss. 775.082 and |
255 | 921.142. Any person sentenced for a capital felony under this |
256 | paragraph shall also be sentenced to pay the maximum fine |
257 | provided under subparagraph 1. |
258 | (e)1. Any person who knowingly sells, purchases, |
259 | manufactures, delivers, or brings into this state, or who is |
260 | knowingly in actual or constructive possession of, 200 grams or |
261 | more of methaqualone or of any mixture containing methaqualone, |
262 | as described in s. 893.03(1)(d), commits a felony of the first |
263 | degree, which felony shall be known as "trafficking in |
264 | methaqualone," punishable as provided in s. 775.082, s. 775.083, |
265 | or s. 775.084. If the quantity involved: |
266 | a. Is 200 grams or more, but less than 5 kilograms, such |
267 | person shall be sentenced to a mandatory minimum term of |
268 | imprisonment of 3 years, and the defendant shall be ordered to |
269 | pay a fine of $50,000. |
270 | b. Is 5 kilograms or more, but less than 25 kilograms, |
271 | such person shall be sentenced to a mandatory minimum term of |
272 | imprisonment of 7 years, and the defendant shall be ordered to |
273 | pay a fine of $100,000. |
274 | c. Is 25 kilograms or more, such person shall be ordered |
275 | sentenced to a mandatory minimum term of imprisonment of 15 |
276 | calendar years and pay a fine of $250,000. |
277 | 2. Any person who knowingly brings into this state 50 |
278 | kilograms or more of methaqualone or of any mixture containing |
279 | methaqualone, as described in s. 893.03(1)(d), and who knows |
280 | that the probable result of such importation would be the death |
281 | of any person commits capital importation of methaqualone, a |
282 | capital felony punishable as provided in ss. 775.082 and |
283 | 921.142. Any person sentenced for a capital felony under this |
284 | paragraph shall also be sentenced to pay the maximum fine |
285 | provided under subparagraph 1. |
286 | (f)1. Any person who knowingly sells, purchases, |
287 | manufactures, delivers, or brings into this state, or who is |
288 | knowingly in actual or constructive possession of, 14 grams or |
289 | more of amphetamine, as described in s. 893.03(2)(c)2., or |
290 | methamphetamine, as described in s. 893.03(2)(c)4., or of any |
291 | mixture containing amphetamine or methamphetamine, or |
292 | phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine |
293 | in conjunction with other chemicals and equipment utilized in |
294 | the manufacture of amphetamine or methamphetamine, commits a |
295 | felony of the first degree, which felony shall be known as |
296 | "trafficking in amphetamine," punishable as provided in s. |
297 | 775.082, s. 775.083, or s. 775.084. If the quantity involved: |
298 | a. Is 14 grams or more, but less than 28 grams, such |
299 | person shall be sentenced to a mandatory minimum term of |
300 | imprisonment of 3 years, and the defendant shall be ordered to |
301 | pay a fine of $50,000. |
302 | b. Is 28 grams or more, but less than 200 grams, such |
303 | person shall be sentenced to a mandatory minimum term of |
304 | imprisonment of 7 years, and the defendant shall be ordered to |
305 | pay a fine of $100,000. |
306 | c. Is 200 grams or more, such person shall be ordered |
307 | sentenced to a mandatory minimum term of imprisonment of 15 |
308 | calendar years and pay a fine of $250,000. |
309 | 2. Any person who knowingly manufactures or brings into |
310 | this state 400 grams or more of amphetamine, as described in s. |
311 | 893.03(2)(c)2., or methamphetamine, as described in s. |
312 | 893.03(2)(c)4., or of any mixture containing amphetamine or |
313 | methamphetamine, or phenylacetone, phenylacetic acid, |
314 | pseudoephedrine, or ephedrine in conjunction with other |
315 | chemicals and equipment used in the manufacture of amphetamine |
316 | or methamphetamine, and who knows that the probable result of |
317 | such manufacture or importation would be the death of any person |
318 | commits capital manufacture or importation of amphetamine, a |
319 | capital felony punishable as provided in ss. 775.082 and |
320 | 921.142. Any person sentenced for a capital felony under this |
321 | paragraph shall also be sentenced to pay the maximum fine |
322 | provided under subparagraph 1. |
323 | (g)1. Any person who knowingly sells, purchases, |
324 | manufactures, delivers, or brings into this state, or who is |
325 | knowingly in actual or constructive possession of, 4 grams or |
326 | more of flunitrazepam or any mixture containing flunitrazepam as |
327 | described in s. 893.03(1)(a) commits a felony of the first |
328 | degree, which felony shall be known as "trafficking in |
329 | flunitrazepam," punishable as provided in s. 775.082, s. |
330 | 775.083, or s. 775.084. If the quantity involved: |
331 | a. Is 4 grams or more but less than 14 grams, such person |
332 | shall be sentenced to a mandatory minimum term of imprisonment |
333 | of 3 years, and the defendant shall be ordered to pay a fine of |
334 | $50,000. |
335 | b. Is 14 grams or more but less than 28 grams, such person |
336 | shall be sentenced to a mandatory minimum term of imprisonment |
337 | of 7 years, and the defendant shall be ordered to pay a fine of |
338 | $100,000. |
339 | c. Is 28 grams or more but less than 30 kilograms, such |
340 | person shall be ordered sentenced to a mandatory minimum term of |
341 | imprisonment of 25 calendar years and pay a fine of $500,000. |
342 | 2. Any person who knowingly sells, purchases, |
343 | manufactures, delivers, or brings into this state or who is |
344 | knowingly in actual or constructive possession of 30 kilograms |
345 | or more of flunitrazepam or any mixture containing flunitrazepam |
346 | as described in s. 893.03(1)(a) commits the first degree felony |
347 | of trafficking in flunitrazepam. A person who has been convicted |
348 | of the first degree felony of trafficking in flunitrazepam under |
349 | this subparagraph shall be punished by life imprisonment and is |
350 | ineligible for any form of discretionary early release except |
351 | pardon or executive clemency or conditional medical release |
352 | under s. 947.149. However, if the court determines that, in |
353 | addition to committing any act specified in this paragraph: |
354 | a. The person intentionally killed an individual or |
355 | counseled, commanded, induced, procured, or caused the |
356 | intentional killing of an individual and such killing was the |
357 | result; or |
358 | b. The person's conduct in committing that act led to a |
359 | natural, though not inevitable, lethal result, |
360 |
|
361 | such person commits the capital felony of trafficking in |
362 | flunitrazepam, punishable as provided in ss. 775.082 and |
363 | 921.142. Any person sentenced for a capital felony under this |
364 | paragraph shall also be sentenced to pay the maximum fine |
365 | provided under subparagraph 1. |
366 | (h)1. Any person who knowingly sells, purchases, |
367 | manufactures, delivers, or brings into this state, or who is |
368 | knowingly in actual or constructive possession of, 1 kilogram or |
369 | more of gamma-hydroxybutyric acid (GHB), as described in s. |
370 | 893.03(1)(d), or any mixture containing gamma-hydroxybutyric |
371 | acid (GHB), commits a felony of the first degree, which felony |
372 | shall be known as "trafficking in gamma-hydroxybutyric acid |
373 | (GHB)," punishable as provided in s. 775.082, s. 775.083, or s. |
374 | 775.084. If the quantity involved: |
375 | a. Is 1 kilogram or more but less than 5 kilograms, such |
376 | person shall be sentenced to a mandatory minimum term of |
377 | imprisonment of 3 years, and the defendant shall be ordered to |
378 | pay a fine of $50,000. |
379 | b. Is 5 kilograms or more but less than 10 kilograms, such |
380 | person shall be sentenced to a mandatory minimum term of |
381 | imprisonment of 7 years, and the defendant shall be ordered to |
382 | pay a fine of $100,000. |
383 | c. Is 10 kilograms or more, such person shall be ordered |
384 | sentenced to a mandatory minimum term of imprisonment of 15 |
385 | calendar years and pay a fine of $250,000. |
386 | 2. Any person who knowingly manufactures or brings into |
387 | this state 150 kilograms or more of gamma-hydroxybutyric acid |
388 | (GHB), as described in s. 893.03(1)(d), or any mixture |
389 | containing gamma-hydroxybutyric acid (GHB), and who knows that |
390 | the probable result of such manufacture or importation would be |
391 | the death of any person commits capital manufacture or |
392 | importation of gamma-hydroxybutyric acid (GHB), a capital felony |
393 | punishable as provided in ss. 775.082 and 921.142. Any person |
394 | sentenced for a capital felony under this paragraph shall also |
395 | be sentenced to pay the maximum fine provided under subparagraph |
396 | 1. |
397 | (i)1. Any person who knowingly sells, purchases, |
398 | manufactures, delivers, or brings into this state, or who is |
399 | knowingly in actual or constructive possession of, 1 kilogram or |
400 | more of gamma-butyrolactone (GBL), as described in s. |
401 | 893.03(1)(d), or any mixture containing gamma-butyrolactone |
402 | (GBL), commits a felony of the first degree, which felony shall |
403 | be known as "trafficking in gamma-butyrolactone (GBL)," |
404 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
405 | If the quantity involved: |
406 | a. Is 1 kilogram or more but less than 5 kilograms, such |
407 | person shall be sentenced to a mandatory minimum term of |
408 | imprisonment of 3 years, and the defendant shall be ordered to |
409 | pay a fine of $50,000. |
410 | b. Is 5 kilograms or more but less than 10 kilograms, such |
411 | person shall be sentenced to a mandatory minimum term of |
412 | imprisonment of 7 years, and the defendant shall be ordered to |
413 | pay a fine of $100,000. |
414 | c. Is 10 kilograms or more, such person shall be ordered |
415 | sentenced to a mandatory minimum term of imprisonment of 15 |
416 | calendar years and pay a fine of $250,000. |
417 | 2. Any person who knowingly manufactures or brings into |
418 | the state 150 kilograms or more of gamma-butyrolactone (GBL), as |
419 | described in s. 893.03(1)(d), or any mixture containing gamma- |
420 | butyrolactone (GBL), and who knows that the probable result of |
421 | such manufacture or importation would be the death of any person |
422 | commits capital manufacture or importation of gamma- |
423 | butyrolactone (GBL), a capital felony punishable as provided in |
424 | ss. 775.082 and 921.142. Any person sentenced for a capital |
425 | felony under this paragraph shall also be sentenced to pay the |
426 | maximum fine provided under subparagraph 1. |
427 | (j)1. Any person who knowingly sells, purchases, |
428 | manufactures, delivers, or brings into this state, or who is |
429 | knowingly in actual or constructive possession of, 1 kilogram or |
430 | more of 1,4-Butanediol as described in s. 893.03(1)(d), or of |
431 | any mixture containing 1,4-Butanediol, commits a felony of the |
432 | first degree, which felony shall be known as "trafficking in |
433 | 1,4-Butanediol," punishable as provided in s. 775.082, s. |
434 | 775.083, or s. 775.084. If the quantity involved: |
435 | a. Is 1 kilogram or more, but less than 5 kilograms, such |
436 | person shall be sentenced to a mandatory minimum term of |
437 | imprisonment of 3 years, and the defendant shall be ordered to |
438 | pay a fine of $50,000. |
439 | b. Is 5 kilograms or more, but less than 10 kilograms, |
440 | such person shall be sentenced to a mandatory minimum term of |
441 | imprisonment of 7 years, and the defendant shall be ordered to |
442 | pay a fine of $100,000. |
443 | c. Is 10 kilograms or more, such person shall be ordered |
444 | sentenced to a mandatory minimum term of imprisonment of 15 |
445 | calendar years and pay a fine of $500,000. |
446 | 2. Any person who knowingly manufactures or brings into |
447 | this state 150 kilograms or more of 1,4-Butanediol as described |
448 | in s. 893.03(1)(d), or any mixture containing 1,4-Butanediol, |
449 | and who knows that the probable result of such manufacture or |
450 | importation would be the death of any person commits capital |
451 | manufacture or importation of 1,4-Butanediol, a capital felony |
452 | punishable as provided in ss. 775.082 and 921.142. Any person |
453 | sentenced for a capital felony under this paragraph shall also |
454 | be sentenced to pay the maximum fine provided under subparagraph |
455 | 1. |
456 | (k)1. Any person who knowingly sells, purchases, |
457 | manufactures, delivers, or brings into this state, or who is |
458 | knowingly in actual or constructive possession of, 10 grams or |
459 | more of any of the following substances described in s. |
460 | 893.03(1)(a) or (c): |
461 | a. 3,4-Methylenedioxymethamphetamine (MDMA); |
462 | b. 4-Bromo-2,5-dimethoxyamphetamine; |
463 | c. 4-Bromo-2,5-dimethoxyphenethylamine; |
464 | d. 2,5-Dimethoxyamphetamine; |
465 | e. 2,5-Dimethoxy-4-ethylamphetamine (DOET); |
466 | f. N-ethylamphetamine; |
467 | g. N-Hydroxy-3,4-methylenedioxyamphetamine; |
468 | h. 5-Methoxy-3,4-methylenedioxyamphetamine; |
469 | i. 4-methoxyamphetamine; |
470 | j. 4-methoxymethamphetamine; |
471 | k. 4-Methyl-2,5-dimethoxyamphetamine; |
472 | l. 3,4-Methylenedioxy-N-ethylamphetamine; |
473 | m. 3,4-Methylenedioxyamphetamine; |
474 | n. N,N-dimethylamphetamine; or |
475 | o. 3,4,5-Trimethoxyamphetamine, |
476 |
|
477 | individually or in any combination of or any mixture containing |
478 | any substance listed in sub-subparagraphs a.-o., commits a |
479 | felony of the first degree, which felony shall be known as |
480 | "trafficking in Phenethylamines," punishable as provided in s. |
481 | 775.082, s. 775.083, or s. 775.084. |
482 | 2. If the quantity involved: |
483 | a. Is 10 grams or more but less than 200 grams, such |
484 | person shall be sentenced to a mandatory minimum term of |
485 | imprisonment of 3 years, and the defendant shall be ordered to |
486 | pay a fine of $50,000. |
487 | b. Is 200 grams or more, but less than 400 grams, such |
488 | person shall be sentenced to a mandatory minimum term of |
489 | imprisonment of 7 years, and the defendant shall be ordered to |
490 | pay a fine of $100,000. |
491 | c. Is 400 grams or more, such person shall be ordered |
492 | sentenced to a mandatory minimum term of imprisonment of 15 |
493 | calendar years and pay a fine of $250,000. |
494 | 3. Any person who knowingly manufactures or brings into |
495 | this state 30 kilograms or more of any of the following |
496 | substances described in s. 893.03(1)(a) or (c): |
497 | a. 3,4-Methylenedioxymethamphetamine (MDMA); |
498 | b. 4-Bromo-2,5-dimethoxyamphetamine; |
499 | c. 4-Bromo-2,5-dimethoxyphenethylamine; |
500 | d. 2,5-Dimethoxyamphetamine; |
501 | e. 2,5-Dimethoxy-4-ethylamphetamine (DOET); |
502 | f. N-ethylamphetamine; |
503 | g. N-Hydroxy-3,4-methylenedioxyamphetamine; |
504 | h. 5-Methoxy-3,4-methylenedioxyamphetamine; |
505 | i. 4-methoxyamphetamine; |
506 | j. 4-methoxymethamphetamine; |
507 | k. 4-Methyl-2,5-dimethoxyamphetamine; |
508 | l. 3,4-Methylenedioxy-N-ethylamphetamine; |
509 | m. 3,4-Methylenedioxyamphetamine; |
510 | n. N,N-dimethylamphetamine; or |
511 | o. 3,4,5-Trimethoxyamphetamine, |
512 |
|
513 | individually or in any combination of or any mixture containing |
514 | any substance listed in sub-subparagraphs a.-o., and who knows |
515 | that the probable result of such manufacture or importation |
516 | would be the death of any person commits capital manufacture or |
517 | importation of Phenethylamines, a capital felony punishable as |
518 | provided in ss. 775.082 and 921.142. Any person sentenced for a |
519 | capital felony under this paragraph shall also be sentenced to |
520 | pay the maximum fine provided under subparagraph 1. |
521 | (l)1. Any person who knowingly sells, purchases, |
522 | manufactures, delivers, or brings into this state, or who is |
523 | knowingly in actual or constructive possession of, 1 gram or |
524 | more of lysergic acid diethylamide (LSD) as described in s. |
525 | 893.03(1)(c), or of any mixture containing lysergic acid |
526 | diethylamide (LSD), commits a felony of the first degree, which |
527 | felony shall be known as "trafficking in lysergic acid |
528 | diethylamide (LSD)," punishable as provided in s. 775.082, s. |
529 | 775.083, or s. 775.084. If the quantity involved: |
530 | a. Is 1 gram or more, but less than 5 grams, such person |
531 | shall be sentenced to a mandatory minimum term of imprisonment |
532 | of 3 years, and the defendant shall be ordered to pay a fine of |
533 | $50,000. |
534 | b. Is 5 grams or more, but less than 7 grams, such person |
535 | shall be sentenced to a mandatory minimum term of imprisonment |
536 | of 7 years, and the defendant shall be ordered to pay a fine of |
537 | $100,000. |
538 | c. Is 7 grams or more, such person shall be ordered |
539 | sentenced to a mandatory minimum term of imprisonment of 15 |
540 | calendar years and pay a fine of $500,000. |
541 | 2. Any person who knowingly manufactures or brings into |
542 | this state 7 grams or more of lysergic acid diethylamide (LSD) |
543 | as described in s. 893.03(1)(c), or any mixture containing |
544 | lysergic acid diethylamide (LSD), and who knows that the |
545 | probable result of such manufacture or importation would be the |
546 | death of any person commits capital manufacture or importation |
547 | of lysergic acid diethylamide (LSD), a capital felony punishable |
548 | as provided in ss. 775.082 and 921.142. Any person sentenced for |
549 | a capital felony under this paragraph shall also be sentenced to |
550 | pay the maximum fine provided under subparagraph 1. |
551 | (2) A person acts knowingly under subsection (1) if that |
552 | person intends to sell, purchase, manufacture, deliver, or bring |
553 | into this state, or to actually or constructively possess, any |
554 | of the controlled substances listed in subsection (1), |
555 | regardless of which controlled substance listed in subsection |
556 | (1) is in fact sold, purchased, manufactured, delivered, or |
557 | brought into this state, or actually or constructively |
558 | possessed. |
559 | (3) Notwithstanding the provisions of s. 948.01, with |
560 | respect to any person who is found to have violated this |
561 | section, adjudication of guilt or imposition of sentence shall |
562 | not be suspended, deferred, or withheld, nor shall such person |
563 | be eligible for parole prior to serving the mandatory minimum |
564 | term of imprisonment prescribed by this section. A person |
565 | sentenced to a mandatory minimum term of imprisonment under this |
566 | section is not eligible for any form of discretionary early |
567 | release, except pardon or executive clemency or conditional |
568 | medical release under s. 947.149, prior to serving the mandatory |
569 | minimum term of imprisonment. |
570 | (4) The state attorney may move the sentencing court to |
571 | reduce or suspend the sentence of any person who is convicted of |
572 | a violation of this section and who provides substantial |
573 | assistance in the identification, arrest, or conviction of any |
574 | of that person's accomplices, accessories, coconspirators, or |
575 | principals or of any other person engaged in trafficking in |
576 | controlled substances. The arresting agency shall be given an |
577 | opportunity to be heard in aggravation or mitigation in |
578 | reference to any such motion. Upon good cause shown, the motion |
579 | may be filed and heard in camera. The judge hearing the motion |
580 | may reduce or suspend, defer, or withhold the sentence or |
581 | adjudication of guilt if the judge finds that the defendant |
582 | rendered such substantial assistance. |
583 | (5) Any person who agrees, conspires, combines, or |
584 | confederates with another person to commit any act prohibited by |
585 | subsection (1) commits a felony of the first degree and is |
586 | punishable as if he or she had actually committed such |
587 | prohibited act. Nothing in this subsection shall be construed to |
588 | prohibit separate convictions and sentences for a violation of |
589 | this subsection and any violation of subsection (1). |
590 | (6) A mixture, as defined in s. 893.02, containing any |
591 | controlled substance described in this section includes, but is |
592 | not limited to, a solution or a dosage unit, including but not |
593 | limited to, a pill or tablet, containing a controlled substance. |
594 | For the purpose of clarifying legislative intent regarding the |
595 | weighing of a mixture containing a controlled substance |
596 | described in this section, the weight of the controlled |
597 | substance is the total weight of the mixture, including the |
598 | controlled substance and any other substance in the mixture. If |
599 | there is more than one mixture containing the same controlled |
600 | substance, the weight of the controlled substance is calculated |
601 | by aggregating the total weight of each mixture. |
602 | (7) For the purpose of further clarifying legislative |
603 | intent, the Legislature finds that the opinion in Hayes v. |
604 | State, 750 So. 2d 1 (Fla. 1999) does not correctly construe |
605 | legislative intent. The Legislature finds that the opinions in |
606 | State v. Hayes, 720 So. 2d 1095 (Fla. 4th DCA 1998) and State v. |
607 | Baxley, 684 So. 2d 831 (Fla. 5th DCA 1996) correctly construe |
608 | legislative intent. |
609 | Section 2. Nonviolent offender reentry program.- |
610 | (1) As used in this section, the term: |
611 | (a) "Department" means the Department of Corrections. |
612 | (b) "Nonviolent offender" means an offender who has: |
613 | 1. Been convicted of a third-degree felony offense that is |
614 | not a forcible felony as defined in s. 776.08, Florida Statutes; |
615 | and |
616 | 2. Not been convicted of any offense that requires a |
617 | person to register as a sexual offender pursuant to s. 943.0435, |
618 | Florida Statutes. |
619 | (2)(a) The department shall develop and administer a |
620 | reentry program for nonviolent offenders. The reentry program |
621 | must include prison-based substance abuse treatment, general |
622 | education development and adult basic education courses, |
623 | vocational training, training in decisionmaking and personal |
624 | development, and other rehabilitation programs. |
625 | (b) The reentry program is intended to divert nonviolent |
626 | offenders from long periods of incarceration when a reduced |
627 | period of incarceration followed by participation in intensive |
628 | substance abuse treatment and rehabilitative programming could |
629 | produce the same deterrent effect, rehabilitate the offender, |
630 | and reduce recidivism. |
631 | (c) The nonviolent offender shall serve at least 120 days |
632 | in the reentry program. The offender may not count any portion |
633 | of his or her sentence served before placement in the reentry |
634 | program as progress toward program completion. |
635 | (d) A reentry program may be operated in a secure area in |
636 | or adjacent to an adult institution. |
637 | (3)(a) Upon receiving a potential reentry program |
638 | participant, the department shall screen the nonviolent offender |
639 | for eligibility criteria to participate in the reentry program. |
640 | In order to participate, a nonviolent offender must have served |
641 | at least one-half of his or her original sentence and must have |
642 | been identified as having a need for substance abuse treatment. |
643 | When screening a nonviolent offender, the department shall |
644 | consider the offender's criminal history and the possible |
645 | rehabilitative benefits that substance abuse treatment, |
646 | educational programming, vocational training, and other |
647 | rehabilitative programming might have on the offender. |
648 | (b) If a nonviolent offender meets the eligibility |
649 | criteria and space is available in the reentry program, the |
650 | department shall request the sentencing court to approve the |
651 | offender's participation in the reentry program. |
652 | (c)1. The department shall notify the state attorney that |
653 | the offender is being considered for placement in the reentry |
654 | program. The notice must explain to the state attorney that a |
655 | proposed reduced period of incarceration, followed by |
656 | participation in substance abuse treatment and other |
657 | rehabilitative programming, could produce the same deterrent |
658 | effect otherwise expected from a lengthy incarceration. |
659 | 2. The notice must also state that the state attorney may |
660 | notify the sentencing court in writing of any objection the |
661 | state attorney might have if the nonviolent offender is placed |
662 | in the reentry program. The state attorney must notify the |
663 | sentencing court of his or her objections within 14 days after |
664 | receiving the notice. |
665 | (d) The sentencing court shall notify the department in |
666 | writing of the court's decision to approve or disapprove the |
667 | requested placement of the nonviolent offender no later than 28 |
668 | days after the court receives the department's request to place |
669 | the offender in the reentry program. Failure to notify the |
670 | department of the court's decision within the 28-day period |
671 | constitutes approval to place the offender into the reentry |
672 | program. |
673 | (4) After the nonviolent offender is admitted into the |
674 | reentry program, he or she shall undergo a full substance abuse |
675 | assessment to determine his or her substance abuse treatment |
676 | needs. The offender shall also have an educational assessment, |
677 | which shall be accomplished using the Test of Adult Basic |
678 | Education or any other testing instrument approved by the |
679 | Department of Education. Each offender who has not obtained a |
680 | high school diploma shall be enrolled in an adult education |
681 | program designed to aid the offender in improving his or her |
682 | academic skills and earn a high school diploma. Further |
683 | assessments of the offender's vocational skills and future |
684 | career education shall be provided to the offender as needed. A |
685 | periodic reevaluation shall be made in order to assess the |
686 | progress of each offender. |
687 | (5)(a) If a nonviolent offender becomes unmanageable, the |
688 | department may revoke the offender's gain-time and place the |
689 | offender in disciplinary confinement in accordance with |
690 | department rule. Except as provided in paragraph (b), the |
691 | offender shall be readmitted to the reentry program after |
692 | completing the ordered discipline. Any period of time during |
693 | which the offender is unable to participate in the reentry |
694 | program shall be excluded from the specified time requirements |
695 | in the reentry program. |
696 | (b) The department may terminate an offender from the |
697 | reentry program if: |
698 | 1. The offender commits or threatens to commit a violent |
699 | act; |
700 | 2. The department determines that the offender is unable |
701 | to participate in the reentry program due to the offender's |
702 | medical condition; |
703 | 3. The offender's sentence is modified or expires; |
704 | 4. The department reassigns the offender's classification |
705 | status; or |
706 | 5. The department determines that removing the offender |
707 | from the reentry program is in the best interest of the offender |
708 | or the security of the institution. |
709 | (6)(a) The department shall submit a report to the court |
710 | at least 30 days before the nonviolent offender is scheduled to |
711 | complete the reentry program. The report must describe the |
712 | offender's performance in the reentry program. If the |
713 | performance is satisfactory, the court shall issue an order |
714 | modifying the sentence imposed and place the offender on drug |
715 | offender probation subject to the offender's successful |
716 | completion of the remainder of the reentry program. The term of |
717 | drug offender probation may include placement in a community |
718 | residential or nonresidential substance abuse treatment facility |
719 | under the jurisdiction of the department or the Department of |
720 | Children and Family Services or any public or private entity |
721 | providing such services. If the nonviolent offender violates the |
722 | conditions of drug offender probation, the court may revoke |
723 | probation and impose any sentence that it might have originally |
724 | imposed. |
725 | (b) If an offender being released pursuant to paragraph |
726 | (a) intends to reside in a county that has established a |
727 | postadjudicatory drug court program as described in s. 397.334, |
728 | Florida Statutes, the sentencing court may require the offender |
729 | to successfully complete the postadjudicatory drug court program |
730 | as a condition of drug offender probation. The original |
731 | sentencing court shall relinquish jurisdiction of the offender's |
732 | case to the postadjudicatory drug court program until the |
733 | offender is no longer active in the program, the case is |
734 | returned to the sentencing court due to the offender's |
735 | termination from the program for failure to comply with the |
736 | terms thereof, or the offender's sentence is completed. If |
737 | transferred to a postadjudicatory drug court program, the |
738 | offender shall comply with all conditions and orders of the |
739 | program. |
740 | (7) The department shall implement the reentry program to |
741 | the fullest extent feasible within available resources. |
742 | (8) The department shall submit an annual report to the |
743 | Governor, the President of the Senate, and the Speaker of the |
744 | House of Representatives detailing the extent of implementation |
745 | of the reentry program and outlining future goals and any |
746 | recommendation the department has for future legislative action. |
747 | (9) The department may enter into performance-based |
748 | contracts with qualified individuals, agencies, or corporations |
749 | for the provision of any or all of the services for the reentry |
750 | program. |
751 | (10) A nonviolent offender in the reentry program is |
752 | subject to rules of conduct established by the department and |
753 | may have sanctions imposed, including loss of privileges, |
754 | restrictions, disciplinary confinement, alteration of release |
755 | plans, or other program modifications in keeping with the nature |
756 | and gravity of the program violation. Administrative or |
757 | protective confinement, as necessary, may be imposed. |
758 | (11) The department may establish a system of incentives |
759 | within the reentry program which the department may use to |
760 | promote participation in rehabilitative programs and the orderly |
761 | operation of institutions and facilities. |
762 | (12) The department shall develop a system for tracking |
763 | recidivism, including, but not limited to, rearrests and |
764 | recommitment of nonviolent offenders who successfully complete |
765 | the reentry program, and shall report the recidivism rate in its |
766 | annual report of the program. |
767 | (13) The department shall adopt rules pursuant to ss. |
768 | 120.536(1) and 120.54, Florida Statutes, to administer the |
769 | reentry program. |
770 | Section 3. This act shall take effect October 1, 2011. |