Florida Senate - 2012                              CS for SB 732
       
       
       
       By the Committee on Criminal Justice; and Senators Bogdanoff and
       Joyner
       
       
       
       591-02733-12                                           2012732c1
    1                        A bill to be entitled                      
    2         An act relating to sentences of inmates; amending s.
    3         893.135, F.S.; revising the quantity of a controlled
    4         substance which a person must knowingly sell,
    5         purchase, manufacture, deliver, or bring into this
    6         state with the intent to distribute in order to be
    7         subject to the automatic imposition of a mandatory
    8         minimum term of imprisonment; providing the method for
    9         determining the weight of a controlled substance in a
   10         mixture that is a prescription drug; revising
   11         legislative intent; amending s. 921.0022, F.S.;
   12         revising provisions to conform to changes made by the
   13         act; reenacting ss. 775.087(2)(a) and 782.04(1)(a),
   14         (3), and (4), F.S., relating to the possession or use
   15         of a weapon and murder, respectively, to incorporate
   16         the amendments made to s. 893.135, F.S., in references
   17         thereto; providing an effective date.
   18  
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Section 893.135, Florida Statutes, is amended to
   22  read:
   23         893.135 Trafficking; mandatory sentences; suspension or
   24  reduction of sentences; conspiracy to engage in trafficking.—
   25         (1) Except as authorized in this chapter or in chapter 499
   26  and notwithstanding the provisions of s. 893.13:
   27         (a) A Any person who knowingly sells, purchases,
   28  manufactures, delivers, or brings into this state, or who is
   29  knowingly is in actual or constructive possession with intent to
   30  distribute of, in excess of 25 pounds of cannabis, or 300 or
   31  more cannabis plants, commits a felony of the first degree,
   32  which felony shall be known as “trafficking in cannabis,”
   33  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   34  If the quantity of cannabis involved:
   35         1. Is in excess of 25 pounds, but less than 2,000 pounds,
   36  or is 300 or more cannabis plants, but not more than 2,000
   37  cannabis plants, such person shall be sentenced to a mandatory
   38  minimum term of imprisonment of 3 years, and the defendant shall
   39  be ordered to pay a fine of $25,000.
   40         2. Is 2,000 pounds or more, but less than 10,000 pounds, or
   41  is 2,000 or more cannabis plants, but not more than 10,000
   42  cannabis plants, such person shall be sentenced to a mandatory
   43  minimum term of imprisonment of 7 years, and the defendant shall
   44  be ordered to pay a fine of $50,000.
   45         3. Is 10,000 pounds or more, or is 10,000 or more cannabis
   46  plants, such person shall be sentenced to a mandatory minimum
   47  term of imprisonment of 15 calendar years, and the defendant
   48  shall be ordered to pay a fine of $200,000.
   49  
   50  For the purpose of this paragraph, a plant, including, but not
   51  limited to, a seedling or cutting, is a “cannabis plant” if it
   52  has some readily observable evidence of root formation, such as
   53  root hairs. To determine if a piece or part of a cannabis plant
   54  severed from the cannabis plant is itself a cannabis plant, the
   55  severed piece or part must have some readily observable evidence
   56  of root formation, such as root hairs. Callous tissue is not
   57  readily observable evidence of root formation. The viability and
   58  sex of a plant and the fact that the plant may or may not be a
   59  dead harvested plant are not relevant in determining if the
   60  plant is a “cannabis plant” or in the charging of an offense
   61  under this paragraph. Upon conviction, the court shall impose
   62  the longest term of imprisonment provided for in this paragraph.
   63         (b)1. Any person who knowingly sells, purchases,
   64  manufactures, delivers, or brings into this state, or who is
   65  knowingly is in actual or constructive possession with intent to
   66  distribute of, 50 28 grams or more of cocaine, as described in
   67  s. 893.03(2)(a)4., or of any mixture containing cocaine, but
   68  less than 150 kilograms of cocaine or any such mixture, commits
   69  a felony of the first degree, which felony shall be known as
   70  “trafficking in cocaine,” punishable as provided in s. 775.082,
   71  s. 775.083, or s. 775.084. If the quantity involved:
   72         a. Is 50 28 grams or more, but less than 400 200 grams,
   73  such person shall be sentenced to a mandatory minimum term of
   74  imprisonment of 3 years, and the defendant shall be ordered to
   75  pay a fine of $50,000.
   76         b. Is 400 200 grams or more, but less than 4 kilograms 400
   77  grams, such person shall be sentenced to a mandatory minimum
   78  term of imprisonment of 7 years, and the defendant shall be
   79  ordered to pay a fine of $100,000.
   80         c. Is 4 kilograms 400 grams or more, but less than 150
   81  kilograms, such person shall be sentenced to a mandatory minimum
   82  term of imprisonment of 15 calendar years, and the defendant
   83  shall be ordered to pay a fine of $250,000.
   84         2. Any person who knowingly sells, purchases, manufactures,
   85  delivers, or brings into this state, or who is knowingly is in
   86  actual or constructive possession with intent to distribute of,
   87  150 kilograms or more of cocaine, as described in s.
   88  893.03(2)(a)4., commits the first degree felony of trafficking
   89  in cocaine. A person who has been convicted of the first-degree
   90  first degree felony of trafficking in cocaine under this
   91  subparagraph shall be punished by life imprisonment and is
   92  ineligible for any form of discretionary early release except
   93  pardon or executive clemency or conditional medical release
   94  under s. 947.149. However, if the court determines that, in
   95  addition to committing any act specified in this paragraph:
   96         a. The person intentionally killed an individual or
   97  counseled, commanded, induced, procured, or caused the
   98  intentional killing of an individual and such killing was the
   99  result; or
  100         b. The person’s conduct in committing that act led to a
  101  natural, though not inevitable, lethal result,
  102  
  103  such person commits the capital felony of trafficking in
  104  cocaine, punishable as provided in ss. 775.082 and 921.142. Any
  105  person sentenced for a capital felony under this paragraph shall
  106  also be ordered sentenced to pay the maximum fine provided under
  107  subparagraph 1.
  108         3. Any person who knowingly brings into this state 300
  109  kilograms or more of cocaine, as described in s. 893.03(2)(a)4.,
  110  and who knows that the probable result of such importation would
  111  be the death of any person, commits capital importation of
  112  cocaine, a capital felony punishable as provided in ss. 775.082
  113  and 921.142. Any person sentenced for a capital felony under
  114  this paragraph shall also be ordered sentenced to pay the
  115  maximum fine provided under subparagraph 1.
  116         (c)1. Any person who knowingly sells, purchases,
  117  manufactures, delivers, or brings into this state, or who is
  118  knowingly is in actual or constructive possession with intent to
  119  distribute of, 4 grams or more of any morphine, opium,
  120  oxycodone, hydrocodone, hydromorphone, or any salt, derivative,
  121  isomer, or salt of an isomer thereof, including heroin, as
  122  described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or
  123  4 grams or more of any mixture containing any such substance,
  124  but less than 30 kilograms of such substance or mixture, commits
  125  a felony of the first degree, which felony shall be known as
  126  “trafficking in illegal drugs,” punishable as provided in s.
  127  775.082, s. 775.083, or s. 775.084. If the quantity involved:
  128         a. Is 4 grams or more, but less than 14 grams, such person
  129  shall be sentenced to a mandatory minimum term of imprisonment
  130  of 3 years, and the defendant shall be ordered to pay a fine of
  131  $50,000.
  132         b. Is 14 grams or more, but less than 28 grams, such person
  133  shall be sentenced to a mandatory minimum term of imprisonment
  134  of 15 years, and the defendant shall be ordered to pay a fine of
  135  $100,000.
  136         c. Is 28 grams or more, but less than 30 kilograms, such
  137  person shall be sentenced to a mandatory minimum term of
  138  imprisonment of 25 calendar years, and the defendant shall be
  139  ordered to pay a fine of $500,000.
  140         2. Any person who knowingly sells, purchases, manufactures,
  141  delivers, or brings into this state, or who is knowingly is in
  142  actual or constructive possession with intent to distribute of,
  143  30 kilograms or more of any morphine, opium, oxycodone,
  144  hydrocodone, hydromorphone, or any salt, derivative, isomer, or
  145  salt of an isomer thereof, including heroin, as described in s.
  146  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or
  147  more of any mixture containing any such substance, commits the
  148  first-degree first degree felony of trafficking in illegal
  149  drugs. A person who has been convicted of the first-degree first
  150  degree felony of trafficking in illegal drugs under this
  151  subparagraph shall be punished by life imprisonment and is
  152  ineligible for any form of discretionary early release except
  153  pardon or executive clemency or conditional medical release
  154  under s. 947.149. However, if the court determines that, in
  155  addition to committing any act specified in this paragraph:
  156         a. The person intentionally killed an individual or
  157  counseled, commanded, induced, procured, or caused the
  158  intentional killing of an individual and such killing was the
  159  result; or
  160         b. The person’s conduct in committing that act led to a
  161  natural, though not inevitable, lethal result,
  162  
  163  such person commits the capital felony of trafficking in illegal
  164  drugs, punishable as provided in ss. 775.082 and 921.142. Any
  165  person sentenced for a capital felony under this paragraph shall
  166  also be ordered sentenced to pay the maximum fine provided under
  167  subparagraph 1.
  168         3. Any person who knowingly brings into this state 60
  169  kilograms or more of any morphine, opium, oxycodone,
  170  hydrocodone, hydromorphone, or any salt, derivative, isomer, or
  171  salt of an isomer thereof, including heroin, as described in s.
  172  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 60 kilograms or
  173  more of any mixture containing any such substance, and who knows
  174  that the probable result of such importation would be the death
  175  of any person, commits capital importation of illegal drugs, a
  176  capital felony punishable as provided in ss. 775.082 and
  177  921.142. Any person sentenced for a capital felony under this
  178  paragraph shall also be ordered sentenced to pay the maximum
  179  fine provided under subparagraph 1.
  180         (d)1. Any person who knowingly sells, purchases,
  181  manufactures, delivers, or brings into this state, or who is
  182  knowingly is in actual or constructive possession with intent to
  183  distribute of, 50 28 grams or more of phencyclidine or of any
  184  mixture containing phencyclidine, as described in s.
  185  893.03(2)(b), commits a felony of the first degree, which felony
  186  shall be known as “trafficking in phencyclidine,” punishable as
  187  provided in s. 775.082, s. 775.083, or s. 775.084. If the
  188  quantity involved:
  189         a. Is 50 28 grams or more, but less than 400 200 grams,
  190  such person shall be sentenced to a mandatory minimum term of
  191  imprisonment of 3 years, and the defendant shall be ordered to
  192  pay a fine of $50,000.
  193         b. Is 400 200 grams or more, but less than 4 kilograms 400
  194  grams, such person shall be sentenced to a mandatory minimum
  195  term of imprisonment of 7 years, and the defendant shall be
  196  ordered to pay a fine of $100,000.
  197         c. Is 4 kilograms 400 grams or more, such person shall be
  198  sentenced to a mandatory minimum term of imprisonment of 15
  199  calendar years, and the defendant shall be ordered to pay a fine
  200  of $250,000.
  201         2. Any person who knowingly brings into this state 8
  202  kilograms 800 grams or more of phencyclidine or of any mixture
  203  containing phencyclidine, as described in s. 893.03(2)(b), and
  204  who knows that the probable result of such importation would be
  205  the death of any person commits capital importation of
  206  phencyclidine, a capital felony punishable as provided in ss.
  207  775.082 and 921.142. Any person sentenced for a capital felony
  208  under this paragraph shall also be ordered sentenced to pay the
  209  maximum fine provided under subparagraph 1.
  210         (e)1. Any person who knowingly sells, purchases,
  211  manufactures, delivers, or brings into this state, or who is
  212  knowingly is in actual or constructive possession with intent to
  213  distribute of, 200 grams or more of methaqualone or of any
  214  mixture containing methaqualone, as described in s.
  215  893.03(1)(d), commits a felony of the first degree, which felony
  216  shall be known as “trafficking in methaqualone,” punishable as
  217  provided in s. 775.082, s. 775.083, or s. 775.084. If the
  218  quantity involved:
  219         a. Is 200 grams or more, but less than 5 kilograms, such
  220  person shall be sentenced to a mandatory minimum term of
  221  imprisonment of 3 years, and the defendant shall be ordered to
  222  pay a fine of $50,000.
  223         b. Is 5 kilograms or more, but less than 25 kilograms, such
  224  person shall be sentenced to a mandatory minimum term of
  225  imprisonment of 7 years, and the defendant shall be ordered to
  226  pay a fine of $100,000.
  227         c. Is 25 kilograms or more, such person shall be sentenced
  228  to a mandatory minimum term of imprisonment of 15 calendar
  229  years, and the defendant shall be ordered to pay a fine of
  230  $250,000.
  231         2. Any person who knowingly brings into this state 50
  232  kilograms or more of methaqualone or of any mixture containing
  233  methaqualone, as described in s. 893.03(1)(d), and who knows
  234  that the probable result of such importation would be the death
  235  of any person commits capital importation of methaqualone, a
  236  capital felony punishable as provided in ss. 775.082 and
  237  921.142. Any person sentenced for a capital felony under this
  238  paragraph shall also be ordered sentenced to pay the maximum
  239  fine provided under subparagraph 1.
  240         (f)1. Any person who knowingly sells, purchases,
  241  manufactures, delivers, or brings into this state, or who is
  242  knowingly is in actual or constructive possession with intent to
  243  distribute of, 30 14 grams or more of amphetamine, as described
  244  in s. 893.03(2)(c)2., or methamphetamine, as described in s.
  245  893.03(2)(c)4., or of any mixture containing amphetamine or
  246  methamphetamine, or phenylacetone, phenylacetic acid,
  247  pseudoephedrine, or ephedrine in conjunction with other
  248  chemicals and equipment utilized in the manufacture of
  249  amphetamine or methamphetamine, commits a felony of the first
  250  degree, which felony shall be known as “trafficking in
  251  amphetamine,” punishable as provided in s. 775.082, s. 775.083,
  252  or s. 775.084. If the quantity involved:
  253         a. Is 30 14 grams or more, but less than 200 28 grams, such
  254  person shall be sentenced to a mandatory minimum term of
  255  imprisonment of 3 years, and the defendant shall be ordered to
  256  pay a fine of $50,000.
  257         b. Is 200 28 grams or more, but less than 400 200 grams,
  258  such person shall be sentenced to a mandatory minimum term of
  259  imprisonment of 7 years, and the defendant shall be ordered to
  260  pay a fine of $100,000.
  261         c. Is 400 200 grams or more, such person shall be sentenced
  262  to a mandatory minimum term of imprisonment of 15 calendar
  263  years, and the defendant shall be ordered to pay a fine of
  264  $250,000.
  265         2. Any person who knowingly manufactures or brings into
  266  this state 1.5 kilograms 400 grams or more of amphetamine, as
  267  described in s. 893.03(2)(c)2., or methamphetamine, as described
  268  in s. 893.03(2)(c)4., or of any mixture containing amphetamine
  269  or methamphetamine, or phenylacetone, phenylacetic acid,
  270  pseudoephedrine, or ephedrine in conjunction with other
  271  chemicals and equipment used in the manufacture of amphetamine
  272  or methamphetamine, and who knows that the probable result of
  273  such manufacture or importation would be the death of any person
  274  commits capital manufacture or importation of amphetamine, a
  275  capital felony punishable as provided in ss. 775.082 and
  276  921.142. Any person sentenced for a capital felony under this
  277  paragraph shall also be ordered sentenced to pay the maximum
  278  fine provided under subparagraph 1.
  279         (g)1. Any person who knowingly sells, purchases,
  280  manufactures, delivers, or brings into this state, or who is
  281  knowingly is in actual or constructive possession with intent to
  282  distribute of, 4 grams or more of flunitrazepam or any mixture
  283  containing flunitrazepam as described in s. 893.03(1)(a) commits
  284  a felony of the first degree, which felony shall be known as
  285  “trafficking in flunitrazepam,” punishable as provided in s.
  286  775.082, s. 775.083, or s. 775.084. If the quantity involved:
  287         a. Is 4 grams or more but less than 14 grams, such person
  288  shall be sentenced to a mandatory minimum term of imprisonment
  289  of 3 years, and the defendant shall be ordered to pay a fine of
  290  $50,000.
  291         b. Is 14 grams or more but less than 28 grams, such person
  292  shall be sentenced to a mandatory minimum term of imprisonment
  293  of 7 years, and the defendant shall be ordered to pay a fine of
  294  $100,000.
  295         c. Is 28 grams or more but less than 30 kilograms, such
  296  person shall be sentenced to a mandatory minimum term of
  297  imprisonment of 25 calendar years, and the defendant shall be
  298  ordered to pay a fine of $500,000.
  299         2. Any person who knowingly sells, purchases, manufactures,
  300  delivers, or brings into this state, or who is knowingly is in
  301  actual or constructive possession with intent to distribute of
  302  30 kilograms or more of flunitrazepam or any mixture containing
  303  flunitrazepam as described in s. 893.03(1)(a) commits the first
  304  degree first degree felony of trafficking in flunitrazepam. A
  305  person who has been convicted of the first-degree first degree
  306  felony of trafficking in flunitrazepam under this subparagraph
  307  shall be punished by life imprisonment and is ineligible for any
  308  form of discretionary early release except pardon or executive
  309  clemency or conditional medical release under s. 947.149.
  310  However, if the court determines that, in addition to committing
  311  any act specified in this paragraph:
  312         a. The person intentionally killed an individual or
  313  counseled, commanded, induced, procured, or caused the
  314  intentional killing of an individual and such killing was the
  315  result; or
  316         b. The person’s conduct in committing that act led to a
  317  natural, though not inevitable, lethal result,
  318  
  319  such person commits the capital felony of trafficking in
  320  flunitrazepam, punishable as provided in ss. 775.082 and
  321  921.142. Any person sentenced for a capital felony under this
  322  paragraph shall also be ordered sentenced to pay the maximum
  323  fine provided under subparagraph 1.
  324         (h)1. Any person who knowingly sells, purchases,
  325  manufactures, delivers, or brings into this state, or who is
  326  knowingly is in actual or constructive possession with intent to
  327  distribute of, 5 kilograms 1 kilogram or more of gamma
  328  hydroxybutyric acid (GHB), as described in s. 893.03(1)(d), or
  329  any mixture containing gamma-hydroxybutyric acid (GHB), commits
  330  a felony of the first degree, which felony shall be known as
  331  “trafficking in gamma-hydroxybutyric acid (GHB),” punishable as
  332  provided in s. 775.082, s. 775.083, or s. 775.084. If the
  333  quantity involved:
  334         a. Is 5 kilograms 1 kilogram or more but less than 15 5
  335  kilograms, such person shall be sentenced to a mandatory minimum
  336  term of imprisonment of 3 years, and the defendant shall be
  337  ordered to pay a fine of $50,000.
  338         b. Is 15 5 kilograms or more but less than 30 10 kilograms,
  339  such person shall be sentenced to a mandatory minimum term of
  340  imprisonment of 7 years, and the defendant shall be ordered to
  341  pay a fine of $100,000.
  342         c. Is 30 10 kilograms or more, such person shall be
  343  sentenced to a mandatory minimum term of imprisonment of 15
  344  calendar years, and the defendant shall be ordered to pay a fine
  345  of $250,000.
  346         2. Any person who knowingly manufactures or brings into
  347  this state 150 kilograms or more of gamma-hydroxybutyric acid
  348  (GHB), as described in s. 893.03(1)(d), or any mixture
  349  containing gamma-hydroxybutyric acid (GHB), and who knows that
  350  the probable result of such manufacture or importation would be
  351  the death of any person commits capital manufacture or
  352  importation of gamma-hydroxybutyric acid (GHB), a capital felony
  353  punishable as provided in ss. 775.082 and 921.142. Any person
  354  sentenced for a capital felony under this paragraph shall also
  355  be ordered sentenced to pay the maximum fine provided under
  356  subparagraph 1.
  357         (i)1. Any person who knowingly sells, purchases,
  358  manufactures, delivers, or brings into this state, or who is
  359  knowingly is in actual or constructive possession with intent to
  360  distribute of, 5 kilograms 1 kilogram or more of gamma
  361  butyrolactone (GBL), as described in s. 893.03(1)(d), or any
  362  mixture containing gamma-butyrolactone (GBL), commits a felony
  363  of the first degree, which felony shall be known as “trafficking
  364  in gamma-butyrolactone (GBL),” punishable as provided in s.
  365  775.082, s. 775.083, or s. 775.084. If the quantity involved:
  366         a. Is 5 kilograms 1 kilogram or more but less than 15 5
  367  kilograms, such person shall be sentenced to a mandatory minimum
  368  term of imprisonment of 3 years, and the defendant shall be
  369  ordered to pay a fine of $50,000.
  370         b. Is 15 5 kilograms or more but less than 30 10 kilograms,
  371  such person shall be sentenced to a mandatory minimum term of
  372  imprisonment of 7 years, and the defendant shall be ordered to
  373  pay a fine of $100,000.
  374         c. Is 30 10 kilograms or more, such person shall be
  375  sentenced to a mandatory minimum term of imprisonment of 15
  376  calendar years, and the defendant shall be ordered to pay a fine
  377  of $250,000.
  378         2. Any person who knowingly manufactures or brings into the
  379  state 150 kilograms or more of gamma-butyrolactone (GBL), as
  380  described in s. 893.03(1)(d), or any mixture containing gamma
  381  butyrolactone (GBL), and who knows that the probable result of
  382  such manufacture or importation would be the death of any person
  383  commits capital manufacture or importation of gamma
  384  butyrolactone (GBL), a capital felony punishable as provided in
  385  ss. 775.082 and 921.142. Any person sentenced for a capital
  386  felony under this paragraph shall also be ordered sentenced to
  387  pay the maximum fine provided under subparagraph 1.
  388         (j)1. Any person who knowingly sells, purchases,
  389  manufactures, delivers, or brings into this state, or who is
  390  knowingly is in actual or constructive possession with intent to
  391  distribute of, 5 kilograms 1 kilogram or more of 1,4-Butanediol
  392  as described in s. 893.03(1)(d), or of any mixture containing
  393  1,4-Butanediol, commits a felony of the first degree, which
  394  felony shall be known as “trafficking in 1,4-Butanediol,”
  395  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  396  If the quantity involved:
  397         a. Is 5 kilograms 1 kilogram or more, but less than 15 5
  398  kilograms, such person shall be sentenced to a mandatory minimum
  399  term of imprisonment of 3 years, and the defendant shall be
  400  ordered to pay a fine of $50,000.
  401         b. Is 15 5 kilograms or more, but less than 30 10
  402  kilograms, such person shall be sentenced to a mandatory minimum
  403  term of imprisonment of 7 years, and the defendant shall be
  404  ordered to pay a fine of $100,000.
  405         c. Is 30 10 kilograms or more, such person shall be
  406  sentenced to a mandatory minimum term of imprisonment of 15
  407  calendar years, and the defendant shall be ordered to pay a fine
  408  of $500,000.
  409         2. Any person who knowingly manufactures or brings into
  410  this state 150 kilograms or more of 1,4-Butanediol as described
  411  in s. 893.03(1)(d), or any mixture containing 1,4-Butanediol,
  412  and who knows that the probable result of such manufacture or
  413  importation would be the death of any person commits capital
  414  manufacture or importation of 1,4-Butanediol, a capital felony
  415  punishable as provided in ss. 775.082 and 921.142. Any person
  416  sentenced for a capital felony under this paragraph shall also
  417  be ordered sentenced to pay the maximum fine provided under
  418  subparagraph 1.
  419         (k)1. Any person who knowingly sells, purchases,
  420  manufactures, delivers, or brings into this state, or who is
  421  knowingly is in actual or constructive possession with intent to
  422  distribute of, 30 10 grams or more of any of the following
  423  substances described in s. 893.03(1)(a) or (c):
  424         a. 3,4-Methylenedioxymethamphetamine (MDMA);
  425         b. 4-Bromo-2,5-dimethoxyamphetamine;
  426         c. 4-Bromo-2,5-dimethoxyphenethylamine;
  427         d. 2,5-Dimethoxyamphetamine;
  428         e. 2,5-Dimethoxy-4-ethylamphetamine (DOET);
  429         f. N-ethylamphetamine;
  430         g. N-Hydroxy-3,4-methylenedioxyamphetamine;
  431         h. 5-Methoxy-3,4-methylenedioxyamphetamine;
  432         i. 4-methoxyamphetamine;
  433         j. 4-methoxymethamphetamine;
  434         k. 4-Methyl-2,5-dimethoxyamphetamine;
  435         l. 3,4-Methylenedioxy-N-ethylamphetamine;
  436         m. 3,4-Methylenedioxyamphetamine;
  437         n. N,N-dimethylamphetamine; or
  438         o. 3,4,5-Trimethoxyamphetamine,
  439  
  440  individually or in any combination of or any mixture containing
  441  any substance listed in sub-subparagraphs a.-o., commits a
  442  felony of the first degree, which felony shall be known as
  443  “trafficking in Phenethylamines,” punishable as provided in s.
  444  775.082, s. 775.083, or s. 775.084.
  445         2. If the quantity involved:
  446         a. Is 30 10 grams or more but less than 200 grams, such
  447  person shall be sentenced to a mandatory minimum term of
  448  imprisonment of 3 years, and the defendant shall be ordered to
  449  pay a fine of $50,000.
  450         b. Is 200 grams or more, but less than 400 grams, such
  451  person shall be sentenced to a mandatory minimum term of
  452  imprisonment of 7 years, and the defendant shall be ordered to
  453  pay a fine of $100,000.
  454         c. Is 400 grams or more, such person shall be sentenced to
  455  a mandatory minimum term of imprisonment of 15 calendar years,
  456  and the defendant shall be ordered to pay a fine of $250,000.
  457         3. Any person who knowingly manufactures or brings into
  458  this state 30 kilograms or more of any of the following
  459  substances described in s. 893.03(1)(a) or (c):
  460         a. 3,4-Methylenedioxymethamphetamine (MDMA);
  461         b. 4-Bromo-2,5-dimethoxyamphetamine;
  462         c. 4-Bromo-2,5-dimethoxyphenethylamine;
  463         d. 2,5-Dimethoxyamphetamine;
  464         e. 2,5-Dimethoxy-4-ethylamphetamine (DOET);
  465         f. N-ethylamphetamine;
  466         g. N-Hydroxy-3,4-methylenedioxyamphetamine;
  467         h. 5-Methoxy-3,4-methylenedioxyamphetamine;
  468         i. 4-methoxyamphetamine;
  469         j. 4-methoxymethamphetamine;
  470         k. 4-Methyl-2,5-dimethoxyamphetamine;
  471         l. 3,4-Methylenedioxy-N-ethylamphetamine;
  472         m. 3,4-Methylenedioxyamphetamine;
  473         n. N,N-dimethylamphetamine; or
  474         o. 3,4,5-Trimethoxyamphetamine,
  475  
  476  individually or in any combination of or any mixture containing
  477  any substance listed in sub-subparagraphs a.-o., and who knows
  478  that the probable result of such manufacture or importation
  479  would be the death of any person commits capital manufacture or
  480  importation of Phenethylamines, a capital felony punishable as
  481  provided in ss. 775.082 and 921.142. Any person sentenced for a
  482  capital felony under this paragraph shall also be ordered
  483  sentenced to pay the maximum fine provided under subparagraph 1.
  484         (l)1. Any person who knowingly sells, purchases,
  485  manufactures, delivers, or brings into this state, or who is
  486  knowingly is in actual or constructive possession with intent to
  487  distribute of, 1 gram or more of lysergic acid diethylamide
  488  (LSD) as described in s. 893.03(1)(c), or of any mixture
  489  containing lysergic acid diethylamide (LSD), commits a felony of
  490  the first degree, which felony shall be known as “trafficking in
  491  lysergic acid diethylamide (LSD),” punishable as provided in s.
  492  775.082, s. 775.083, or s. 775.084. If the quantity involved:
  493         a. Is 1 gram or more, but less than 5 grams, such person
  494  shall be sentenced to a mandatory minimum term of imprisonment
  495  of 3 years, and the defendant shall be ordered to pay a fine of
  496  $50,000.
  497         b. Is 5 grams or more, but less than 7 grams, such person
  498  shall be sentenced to a mandatory minimum term of imprisonment
  499  of 7 years, and the defendant shall be ordered to pay a fine of
  500  $100,000.
  501         c. Is 7 grams or more, such person shall be sentenced to a
  502  mandatory minimum term of imprisonment of 15 calendar years, and
  503  the defendant shall be ordered to pay a fine of $500,000.
  504         2. Any person who knowingly manufactures or brings into
  505  this state 7 grams or more of lysergic acid diethylamide (LSD)
  506  as described in s. 893.03(1)(c), or any mixture containing
  507  lysergic acid diethylamide (LSD), and who knows that the
  508  probable result of such manufacture or importation would be the
  509  death of any person commits capital manufacture or importation
  510  of lysergic acid diethylamide (LSD), a capital felony punishable
  511  as provided in ss. 775.082 and 921.142. Any person sentenced for
  512  a capital felony under this paragraph shall also be ordered
  513  sentenced to pay the maximum fine provided under subparagraph 1.
  514         (2) A person acts knowingly under subsection (1) if that
  515  person intends to sell, purchase, manufacture, deliver, or bring
  516  into this state, or to actually or constructively possess, any
  517  of the controlled substances listed in subsection (1),
  518  regardless of which controlled substance listed in subsection
  519  (1) is in fact sold, purchased, manufactured, delivered, or
  520  brought into this state, or actually or constructively
  521  possessed.
  522         (3) Notwithstanding the provisions of s. 948.01, with
  523  respect to any person who is found to have violated this
  524  section, adjudication of guilt or imposition of sentence may
  525  shall not be suspended, deferred, or withheld, and nor shall
  526  such person is not be eligible for parole before prior to
  527  serving the mandatory minimum term of imprisonment prescribed by
  528  this section. A person sentenced to a mandatory minimum term of
  529  imprisonment under this section is not eligible for any form of
  530  discretionary early release, except pardon or executive clemency
  531  or conditional medical release under s. 947.149, before prior to
  532  serving the mandatory minimum term of imprisonment.
  533         (4) The state attorney may move the sentencing court to
  534  reduce or suspend the sentence of any person who is convicted of
  535  a violation of this section and who provides substantial
  536  assistance in the identification, arrest, or conviction of any
  537  of that person’s accomplices, accessories, coconspirators, or
  538  principals or of any other person engaged in trafficking in
  539  controlled substances. The arresting agency shall be given an
  540  opportunity to be heard in aggravation or mitigation in
  541  reference to any such motion. Upon good cause shown, the motion
  542  may be filed and heard in camera. The judge hearing the motion
  543  may reduce or suspend, defer, or withhold the sentence or
  544  adjudication of guilt if the judge finds that the defendant
  545  rendered such substantial assistance.
  546         (5) Any person who agrees, conspires, combines, or
  547  confederates with another person to commit any act prohibited by
  548  subsection (1) commits a felony of the first degree and is
  549  punishable as if he or she had actually committed such
  550  prohibited act. Nothing in This subsection does not shall be
  551  construed to prohibit separate convictions and sentences for a
  552  violation of this subsection and any violation of subsection
  553  (1).
  554         (6) A mixture, as defined in s. 893.02, containing any
  555  controlled substance described in this section includes, but is
  556  not limited to, a solution or a dosage unit, including, but not
  557  limited to, a pill or tablet, containing a controlled substance.
  558  For the purpose of clarifying legislative intent regarding the
  559  weighing of a mixture containing a controlled substance
  560  described in this section, the weight of the controlled
  561  substance is the total weight of the mixture, including the
  562  controlled substance and any other substance in the mixture.
  563  However, if the mixture is a prescription drug as defined in s.
  564  499.003 and the weight of the controlled substance in the
  565  mixture can be identified using the national drug code, the
  566  weight of the controlled substance is the weight identified in
  567  the national drug code. If there is more than one mixture
  568  containing the same controlled substance, the weight of the
  569  controlled substance is calculated by aggregating the total
  570  weight of each mixture.
  571         (7) For the purpose of further clarifying legislative
  572  intent, the Legislature finds that the opinion in Hayes v.
  573  State, 750 So. 2d 1 (Fla. 1999) does not correctly construes
  574  construe legislative intent. The Legislature finds that the
  575  opinions in State v. Hayes, 720 So. 2d 1095 (Fla. 4th DCA 1998)
  576  and State v. Baxley, 684 So. 2d 831 (Fla. 5th DCA 1996) do not
  577  correctly construe legislative intent.
  578         Section 2. Paragraphs (g), (h), and (i) of subsection (3)
  579  of section 921.0022, Florida Statutes, are amended to read:
  580         921.0022 Criminal Punishment Code; offense severity ranking
  581  chart.—
  582         (3) OFFENSE SEVERITY RANKING CHART
  583         (g) LEVEL 7
  584  FloridaStatute   FelonyDegree                Description                
  585  316.027(1)(b)       1st   Accident involving death, failure to stop; leaving scene.
  586  316.193(3)(c)2.     3rd   DUI resulting in serious bodily injury.    
  587  316.1935(3)(b)      1st   Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
  588  327.35(3)(c)2.      3rd   Vessel BUI resulting in serious bodily injury.
  589  402.319(2)          2nd   Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
  590  409.920 (2)(b)1.a.   3rd   Medicaid provider fraud; $10,000 or less.  
  591  409.920 (2)(b)1.b.   2nd   Medicaid provider fraud; more than $10,000, but less than $50,000.
  592  456.065(2)          3rd   Practicing a health care profession without a license.
  593  456.065(2)          2nd   Practicing a health care profession without a license which results in serious bodily injury.
  594  458.327(1)          3rd   Practicing medicine without a license.     
  595  459.013(1)          3rd   Practicing osteopathic medicine without a license.
  596  460.411(1)          3rd   Practicing chiropractic medicine without a license.
  597  461.012(1)          3rd   Practicing podiatric medicine without a license.
  598  462.17              3rd   Practicing naturopathy without a license.  
  599  463.015(1)          3rd   Practicing optometry without a license.    
  600  464.016(1)          3rd   Practicing nursing without a license.      
  601  465.015(2)          3rd   Practicing pharmacy without a license.     
  602  466.026(1)          3rd   Practicing dentistry or dental hygiene without a license.
  603  467.201             3rd   Practicing midwifery without a license.    
  604  468.366             3rd   Delivering respiratory care services without a license.
  605  483.828(1)          3rd   Practicing as clinical laboratory personnel without a license.
  606  483.901(9)          3rd   Practicing medical physics without a license.
  607  484.013(1)(c)       3rd   Preparing or dispensing optical devices without a prescription.
  608  484.053             3rd   Dispensing hearing aids without a license. 
  609  494.0018(2)         1st   Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
  610  560.123(8)(b)1.     3rd   Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
  611  560.125(5)(a)       3rd   Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
  612  655.50(10)(b)1.     3rd   Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
  613  775.21(10)(a)       3rd   Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
  614  775.21(10)(b)       3rd   Sexual predator working where children regularly congregate.
  615  775.21(10)(g)       3rd   Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
  616  782.051(3)          2nd   Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
  617  782.07(1)           2nd   Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
  618  782.071             2nd   Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
  619  782.072             2nd   Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
  620  784.045(1)(a)1.     2nd   Aggravated battery; intentionally causing great bodily harm or disfigurement.
  621  784.045(1)(a)2.     2nd   Aggravated battery; using deadly weapon.   
  622  784.045(1)(b)       2nd   Aggravated battery; perpetrator aware victim pregnant.
  623  784.048(4)          3rd   Aggravated stalking; violation of injunction or court order.
  624  784.048(7)          3rd   Aggravated stalking; violation of court order.
  625  784.07(2)(d)        1st   Aggravated battery on law enforcement officer.
  626  784.074(1)(a)       1st   Aggravated battery on sexually violent predators facility staff.
  627  784.08(2)(a)        1st   Aggravated battery on a person 65 years of age or older.
  628  784.081(1)          1st   Aggravated battery on specified official or employee.
  629  784.082(1)          1st   Aggravated battery by detained person on visitor or other detainee.
  630  784.083(1)          1st   Aggravated battery on code inspector.      
  631  790.07(4)           1st   Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
  632  790.16(1)           1st   Discharge of a machine gun under specified circumstances.
  633  790.165(2)          2nd   Manufacture, sell, possess, or deliver hoax bomb.
  634  790.165(3)          2nd   Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
  635  790.166(3)          2nd   Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
  636  790.166(4)          2nd   Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
  637  790.23            1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
  638  794.08(4)           3rd   Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
  639  796.03              2nd   Procuring any person under 16 years for prostitution.
  640  800.04(5)(c)1.      2nd   Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
  641  800.04(5)(c)2.      2nd   Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
  642  806.01(2)           2nd   Maliciously damage structure by fire or explosive.
  643  810.02(3)(a)        2nd   Burglary of occupied dwelling; unarmed; no assault or battery.
  644  810.02(3)(b)        2nd   Burglary of unoccupied dwelling; unarmed; no assault or battery.
  645  810.02(3)(d)        2nd   Burglary of occupied conveyance; unarmed; no assault or battery.
  646  810.02(3)(e)        2nd   Burglary of authorized emergency vehicle.  
  647  812.014(2)(a)1.     1st   Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
  648  812.014(2)(b)2.     2nd   Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
  649  812.014(2)(b)3.     2nd   Property stolen, emergency medical equipment; 2nd degree grand theft.
  650  812.014(2)(b)4.     2nd   Property stolen, law enforcement equipment from authorized emergency vehicle.
  651  812.0145(2)(a)      1st   Theft from person 65 years of age or older; $50,000 or more.
  652  812.019(2)          1st   Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
  653  812.131(2)(a)       2nd   Robbery by sudden snatching.               
  654  812.133(2)(b)       1st   Carjacking; no firearm, deadly weapon, or other weapon.
  655  817.234(8)(a)       2nd   Solicitation of motor vehicle accident victims with intent to defraud.
  656  817.234(9)          2nd   Organizing, planning, or participating in an intentional motor vehicle collision.
  657  817.234(11)(c)      1st   Insurance fraud; property value $100,000 or more.
  658  817.2341 (2)(b) & (3)(b)   1st   Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
  659  825.102(3)(b)       2nd   Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
  660  825.103(2)(b)       2nd   Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
  661  827.03(3)(b)        2nd   Neglect of a child causing great bodily harm, disability, or disfigurement.
  662  827.04(3)           3rd   Impregnation of a child under 16 years of age by person 21 years of age or older.
  663  837.05(2)           3rd   Giving false information about alleged capital felony to a law enforcement officer.
  664  838.015             2nd   Bribery.                                   
  665  838.016             2nd   Unlawful compensation or reward for official behavior.
  666  838.021(3)(a)       2nd   Unlawful harm to a public servant.         
  667  838.22              2nd   Bid tampering.                             
  668  847.0135(3)         3rd   Solicitation of a child, via a computer service, to commit an unlawful sex act.
  669  847.0135(4)         2nd   Traveling to meet a minor to commit an unlawful sex act.
  670  872.06              2nd   Abuse of a dead human body.                
  671  874.10            1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
  672  893.13(1)(c)1.      1st   Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
  673  893.13(1)(e)1.      1st   Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
  674  893.13(4)(a)        1st   Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
  675  893.135(1)(a)1.     1st   Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
  676  893.135 (1)(b)1.a.   1st   Trafficking in cocaine, more than 50 28 grams, less than 400 200 grams.
  677  893.135 (1)(c)1.a.   1st   Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
  678  893.135(1)(d)1.     1st   Trafficking in phencyclidine, more than 50 28 grams, less than 400 200 grams.
  679  893.135(1)(e)1.     1st   Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
  680  893.135(1)(f)1.     1st   Trafficking in amphetamine, more than 30 14 grams, less than 200 28 grams.
  681  893.135 (1)(g)1.a.   1st   Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
  682  893.135 (1)(h)1.a.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms 1 kilogram or more, less than 15 5 kilograms.
  683  893.135 (1)(j)1.a.   1st   Trafficking in 1,4-Butanediol, 5 kilograms 1 kilogram or more, less than 15 5 kilograms.
  684  893.135 (1)(k)2.a.   1st   Trafficking in Phenethylamines, 30 10 grams or more, less than 200 grams.
  685  893.1351(2)         2nd   Possession of place for trafficking in or manufacturing of controlled substance.
  686  896.101(5)(a)       3rd   Money laundering, financial transactions exceeding $300 but less than $20,000.
  687  896.104(4)(a)1.     3rd   Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
  688  943.0435(4)(c)      2nd   Sexual offender vacating permanent residence; failure to comply with reporting requirements.
  689  943.0435(8)         2nd   Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
  690  943.0435(9)(a)      3rd   Sexual offender; failure to comply with reporting requirements.
  691  943.0435(13)        3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  692  943.0435(14)        3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
  693  944.607(9)          3rd   Sexual offender; failure to comply with reporting requirements.
  694  944.607(10)(a)      3rd   Sexual offender; failure to submit to the taking of a digitized photograph.
  695  944.607(12)         3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  696  944.607(13)         3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
  697  985.4815(10)        3rd   Sexual offender; failure to submit to the taking of a digitized photograph.
  698  985.4815(12)        3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  699  985.4815(13)        3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
  700         (h) LEVEL 8
  701  FloridaStatute   FelonyDegree                Description                
  702  316.193 (3)(c)3.a.   2nd   DUI manslaughter.                          
  703  316.1935(4)(b)      1st   Aggravated fleeing or attempted eluding with serious bodily injury or death.
  704  327.35(3)(c)3.      2nd   Vessel BUI manslaughter.                   
  705  499.0051(7)         1st   Knowing trafficking in contraband prescription drugs.
  706  499.0051(8)         1st   Knowing forgery of prescription labels or prescription drug labels.
  707  560.123(8)(b)2.     2nd   Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
  708  560.125(5)(b)       2nd   Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
  709  655.50(10)(b)2.     2nd   Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
  710  777.03(2)(a)        1st   Accessory after the fact, capital felony.  
  711  782.04(4)           2nd   Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aircraft piracy, or unlawfully discharging bomb.
  712  782.051(2)          1st   Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
  713  782.071(1)(b)       1st   Committing vehicular homicide and failing to render aid or give information.
  714  782.072(2)          1st   Committing vessel homicide and failing to render aid or give information.
  715  790.161(3)          1st   Discharging a destructive device which results in bodily harm or property damage.
  716  794.011(5)          2nd   Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
  717  794.08(3)           2nd   Female genital mutilation, removal of a victim younger than 18 years of age from this state.
  718  800.04(4)           2nd   Lewd or lascivious battery.                
  719  806.01(1)           1st   Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
  720  810.02(2)(a)      1st,PBL Burglary with assault or battery.          
  721  810.02(2)(b)      1st,PBL Burglary; armed with explosives or dangerous weapon.
  722  810.02(2)(c)        1st   Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
  723  812.014(2)(a)2.     1st   Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
  724  812.13(2)(b)        1st   Robbery with a weapon.                     
  725  812.135(2)(c)       1st   Home-invasion robbery, no firearm, deadly weapon, or other weapon.
  726  817.568(6)          2nd   Fraudulent use of personal identification information of an individual under the age of 18.
  727  825.102(2)          1st   Aggravated abuse of an elderly person or disabled adult.
  728  825.1025(2)         2nd   Lewd or lascivious battery upon an elderly person or disabled adult.
  729  825.103(2)(a)       1st   Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.
  730  837.02(2)           2nd   Perjury in official proceedings relating to prosecution of a capital felony.
  731  837.021(2)          2nd   Making contradictory statements in official proceedings relating to prosecution of a capital felony.
  732  860.121(2)(c)       1st   Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
  733  860.16              1st   Aircraft piracy.                           
  734  893.13(1)(b)        1st   Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  735  893.13(2)(b)        1st   Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  736  893.13(6)(c)        1st   Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  737  893.135(1)(a)2.     1st   Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
  738  893.135 (1)(b)1.b.   1st   Trafficking in cocaine, more than 400 200 grams, less than 4 kilograms 400 grams.
  739  893.135 (1)(c)1.b.   1st   Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
  740  893.135 (1)(d)1.b.   1st   Trafficking in phencyclidine, more than 400 200 grams, less than 4 kilograms 400 grams.
  741  893.135 (1)(e)1.b.   1st   Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
  742  893.135 (1)(f)1.b.   1st   Trafficking in amphetamine, more than 200 28 grams, less than 400 200 grams.
  743  893.135 (1)(g)1.b.   1st   Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
  744  893.135 (1)(h)1.b.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 15 5 kilograms or more, less than 30 10 kilograms.
  745  893.135 (1)(j)1.b.   1st   Trafficking in 1,4-Butanediol, 15 5 kilograms or more, less than 30 10 kilograms.
  746  893.135 (1)(k)2.b.   1st   Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
  747  893.1351(3)         1st   Possession of a place used to manufacture controlled substance when minor is present or resides there.
  748  895.03(1)           1st   Use or invest proceeds derived from pattern of racketeering activity.
  749  895.03(2)           1st   Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
  750  895.03(3)           1st   Conduct or participate in any enterprise through pattern of racketeering activity.
  751  896.101(5)(b)       2nd   Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
  752  896.104(4)(a)2.     2nd   Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
  753         (i) LEVEL 9
  754  FloridaStatute    FelonyDegree               Description                
  755  316.193 (3)(c)3.b.   1st   DUI manslaughter; failing to render aid or give information.
  756  327.35(3)(c)3.b.     1st   BUI manslaughter; failing to render aid or give information.
  757  409.920 (2)(b)1.c.   1st   Medicaid provider fraud; $50,000 or more. 
  758  499.0051(9)          1st   Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
  759  560.123(8)(b)3.      1st   Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
  760  560.125(5)(c)        1st   Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
  761  655.50(10)(b)3.      1st   Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
  762  775.0844             1st   Aggravated white collar crime.            
  763  782.04(1)            1st   Attempt, conspire, or solicit to commit premeditated murder.
  764  782.04(3)          1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies.
  765  782.051(1)           1st   Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
  766  782.07(2)            1st   Aggravated manslaughter of an elderly person or disabled adult.
  767  787.01(1)(a)1.     1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
  768  787.01(1)(a)2.     1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
  769  787.01(1)(a)4.     1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
  770  787.02(3)(a)         1st   False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
  771  790.161              1st   Attempted capital destructive device offense.
  772  790.166(2)         1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
  773  794.011(2)           1st   Attempted sexual battery; victim less than 12 years of age.
  774  794.011(2)          Life   Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
  775  794.011(4)           1st   Sexual battery; victim 12 years or older, certain circumstances.
  776  794.011(8)(b)        1st   Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
  777  794.08(2)            1st   Female genital mutilation; victim younger than 18 years of age.
  778  800.04(5)(b)        Life   Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
  779  812.13(2)(a)       1st,PBL Robbery with firearm or other deadly weapon.
  780  812.133(2)(a)      1st,PBL Carjacking; firearm or other deadly weapon.
  781  812.135(2)(b)        1st   Home-invasion robbery with weapon.        
  782  817.568(7)         2nd,PBL Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
  783  827.03(2)            1st   Aggravated child abuse.                   
  784  847.0145(1)          1st   Selling, or otherwise transferring custody or control, of a minor.
  785  847.0145(2)          1st   Purchasing, or otherwise obtaining custody or control, of a minor.
  786  859.01               1st   Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
  787  893.135              1st   Attempted capital trafficking offense.    
  788  893.135(1)(a)3.      1st   Trafficking in cannabis, more than 10,000 lbs.
  789  893.135 (1)(b)1.c.   1st   Trafficking in cocaine, more than 4 kilograms 400 grams, less than 150 kilograms.
  790  893.135 (1)(c)1.c.   1st   Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
  791  893.135 (1)(d)1.c.   1st   Trafficking in phencyclidine, more than 4 kilograms 400 grams.
  792  893.135 (1)(e)1.c.   1st   Trafficking in methaqualone, more than 25 kilograms.
  793  893.135 (1)(f)1.c.   1st   Trafficking in amphetamine, more than 400 200 grams.
  794  893.135 (1)(h)1.c.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 30 10 kilograms or more.
  795  893.135 (1)(j)1.c.   1st   Trafficking in 1,4-Butanediol, 30 10 kilograms or more.
  796  893.135 (1)(k)2.c.   1st   Trafficking in Phenethylamines, 400 grams or more.
  797  896.101(5)(c)        1st   Money laundering, financial instruments totaling or exceeding $100,000.
  798  896.104(4)(a)3.      1st   Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
  799         Section 3. For the purpose of incorporating the amendments
  800  made by this act to section 893.135, Florida Statutes, in a
  801  reference thereto, paragraph (a) of subsection (2) of section
  802  775.087, Florida Statutes, is reenacted to read:
  803         775.087 Possession or use of weapon; aggravated battery;
  804  felony reclassification; minimum sentence.—
  805         (2)(a)1. Any person who is convicted of a felony or an
  806  attempt to commit a felony, regardless of whether the use of a
  807  weapon is an element of the felony, and the conviction was for:
  808         a. Murder;
  809         b. Sexual battery;
  810         c. Robbery;
  811         d. Burglary;
  812         e. Arson;
  813         f. Aggravated assault;
  814         g. Aggravated battery;
  815         h. Kidnapping;
  816         i. Escape;
  817         j. Aircraft piracy;
  818         k. Aggravated child abuse;
  819         l. Aggravated abuse of an elderly person or disabled adult;
  820         m. Unlawful throwing, placing, or discharging of a
  821  destructive device or bomb;
  822         n. Carjacking;
  823         o. Home-invasion robbery;
  824         p. Aggravated stalking;
  825         q. Trafficking in cannabis, trafficking in cocaine, capital
  826  importation of cocaine, trafficking in illegal drugs, capital
  827  importation of illegal drugs, trafficking in phencyclidine,
  828  capital importation of phencyclidine, trafficking in
  829  methaqualone, capital importation of methaqualone, trafficking
  830  in amphetamine, capital importation of amphetamine, trafficking
  831  in flunitrazepam, trafficking in gamma-hydroxybutyric acid
  832  (GHB), trafficking in 1,4-Butanediol, trafficking in
  833  Phenethylamines, or other violation of s. 893.135(1); or
  834         r. Possession of a firearm by a felon
  835  
  836  and during the commission of the offense, such person actually
  837  possessed a “firearm” or “destructive device” as those terms are
  838  defined in s. 790.001, shall be sentenced to a minimum term of
  839  imprisonment of 10 years, except that a person who is convicted
  840  for aggravated assault, possession of a firearm by a felon, or
  841  burglary of a conveyance shall be sentenced to a minimum term of
  842  imprisonment of 3 years if such person possessed a “firearm” or
  843  “destructive device” during the commission of the offense.
  844         2. Any person who is convicted of a felony or an attempt to
  845  commit a felony listed in sub-subparagraphs (a)1.a.-q.,
  846  regardless of whether the use of a weapon is an element of the
  847  felony, and during the course of the commission of the felony
  848  such person discharged a “firearm” or “destructive device” as
  849  defined in s. 790.001 shall be sentenced to a minimum term of
  850  imprisonment of 20 years.
  851         3. Any person who is convicted of a felony or an attempt to
  852  commit a felony listed in sub-subparagraphs (a)1.a.-q.,
  853  regardless of whether the use of a weapon is an element of the
  854  felony, and during the course of the commission of the felony
  855  such person discharged a “firearm” or “destructive device” as
  856  defined in s. 790.001 and, as the result of the discharge, death
  857  or great bodily harm was inflicted upon any person, the
  858  convicted person shall be sentenced to a minimum term of
  859  imprisonment of not less than 25 years and not more than a term
  860  of imprisonment of life in prison.
  861         Section 4. For the purpose of incorporating the amendments
  862  made by this act to section 893.135, Florida Statutes, in
  863  references thereto, paragraph (a) of subsection (1) and
  864  subsections (3) and (4) of section 782.04, Florida Statutes, are
  865  reenacted to read:
  866         782.04 Murder.—
  867         (1)(a) The unlawful killing of a human being:
  868         1. When perpetrated from a premeditated design to effect
  869  the death of the person killed or any human being;
  870         2. When committed by a person engaged in the perpetration
  871  of, or in the attempt to perpetrate, any:
  872         a. Trafficking offense prohibited by s. 893.135(1),
  873         b. Arson,
  874         c. Sexual battery,
  875         d. Robbery,
  876         e. Burglary,
  877         f. Kidnapping,
  878         g. Escape,
  879         h. Aggravated child abuse,
  880         i. Aggravated abuse of an elderly person or disabled adult,
  881         j. Aircraft piracy,
  882         k. Unlawful throwing, placing, or discharging of a
  883  destructive device or bomb,
  884         l. Carjacking,
  885         m. Home-invasion robbery,
  886         n. Aggravated stalking,
  887         o. Murder of another human being,
  888         p. Resisting an officer with violence to his or her person,
  889         q. Felony that is an act of terrorism or is in furtherance
  890  of an act of terrorism; or
  891         3. Which resulted from the unlawful distribution of any
  892  substance controlled under s. 893.03(1), cocaine as described in
  893  s. 893.03(2)(a)4., opium or any synthetic or natural salt,
  894  compound, derivative, or preparation of opium, or methadone by a
  895  person 18 years of age or older, when such drug is proven to be
  896  the proximate cause of the death of the user,
  897  
  898  is murder in the first degree and constitutes a capital felony,
  899  punishable as provided in s. 775.082.
  900         (3) When a person is killed in the perpetration of, or in
  901  the attempt to perpetrate, any:
  902         (a) Trafficking offense prohibited by s. 893.135(1),
  903         (b) Arson,
  904         (c) Sexual battery,
  905         (d) Robbery,
  906         (e) Burglary,
  907         (f) Kidnapping,
  908         (g) Escape,
  909         (h) Aggravated child abuse,
  910         (i) Aggravated abuse of an elderly person or disabled
  911  adult,
  912         (j) Aircraft piracy,
  913         (k) Unlawful throwing, placing, or discharging of a
  914  destructive device or bomb,
  915         (l) Carjacking,
  916         (m) Home-invasion robbery,
  917         (n) Aggravated stalking,
  918         (o) Murder of another human being,
  919         (p) Resisting an officer with violence to his or her
  920  person, or
  921         (q) Felony that is an act of terrorism or is in furtherance
  922  of an act of terrorism,
  923  
  924  by a person other than the person engaged in the perpetration of
  925  or in the attempt to perpetrate such felony, the person
  926  perpetrating or attempting to perpetrate such felony is guilty
  927  of murder in the second degree, which constitutes a felony of
  928  the first degree, punishable by imprisonment for a term of years
  929  not exceeding life or as provided in s. 775.082, s. 775.083, or
  930  s. 775.084.
  931         (4) The unlawful killing of a human being, when perpetrated
  932  without any design to effect death, by a person engaged in the
  933  perpetration of, or in the attempt to perpetrate, any felony
  934  other than any:
  935         (a) Trafficking offense prohibited by s. 893.135(1),
  936         (b) Arson,
  937         (c) Sexual battery,
  938         (d) Robbery,
  939         (e) Burglary,
  940         (f) Kidnapping,
  941         (g) Escape,
  942         (h) Aggravated child abuse,
  943         (i) Aggravated abuse of an elderly person or disabled
  944  adult,
  945         (j) Aircraft piracy,
  946         (k) Unlawful throwing, placing, or discharging of a
  947  destructive device or bomb,
  948         (l) Unlawful distribution of any substance controlled under
  949  s. 893.03(1), cocaine as described in s. 893.03(2)(a)4., or
  950  opium or any synthetic or natural salt, compound, derivative, or
  951  preparation of opium by a person 18 years of age or older, when
  952  such drug is proven to be the proximate cause of the death of
  953  the user,
  954         (m) Carjacking,
  955         (n) Home-invasion robbery,
  956         (o) Aggravated stalking,
  957         (p) Murder of another human being,
  958         (q) Resisting an officer with violence to his or her
  959  person, or
  960         (r) Felony that is an act of terrorism or is in furtherance
  961  of an act of terrorism,
  962  
  963  is murder in the third degree and constitutes a felony of the
  964  second degree, punishable as provided in s. 775.082, s. 775.083,
  965  or s. 775.084.
  966         Section 5. This act shall take effect July 1, 2012.