| 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. |