Florida Senate - 2013 SB 1022
By Senator Bullard
39-01300-13 20131022__
1 A bill to be entitled
2 An act relating to the death penalty; amending s.
3 775.082, F.S.; deleting provisions providing for the
4 death penalty for capital felonies; deleting
5 provisions relating to the effect of a declaration by
6 a court of last resort that the death penalty in a
7 capital felony is unconstitutional; amending ss. 27.51
8 and 27.511, F.S.; deleting provisions relating to
9 representation in death penalty cases; repealing ss.
10 27.7001, 27.7002, 27.701, 27.702, 27.703, 27.704,
11 27.705, 27.706, 27.707, 27.708, 27.7081, 27.7091,
12 27.710, 27.711, and 27.715, F.S., relating to capital
13 collateral representation; amending s. 119.071, F.S.;
14 deleting a public records exemption relating to
15 capital collateral proceedings; amending s. 282.201,
16 F.S.; conforming a provision to changes made by the
17 act; amending ss. 775.15 and 790.161, F.S.; deleting
18 provisions relating to the effect of a declaration by
19 a court of last resort declaring that the death
20 penalty in a capital felony is unconstitutional;
21 repealing s. 913.13, F.S., relating to jurors in
22 capital cases; repealing s. 921.137, F.S., relating to
23 prohibiting the imposition of the death sentence upon
24 a defendant with mental retardation; repealing s.
25 921.141, F.S., relating to determination of whether to
26 impose a sentence of death or life imprisonment for a
27 capital felony; repealing s. 921.142, F.S., relating
28 to determination of whether to impose a sentence of
29 death or life imprisonment for a capital drug
30 trafficking felony; amending ss. 394.912, 782.04,
31 782.065, 794.011, and 893.135, F.S.; conforming
32 provisions to changes made by the act; repealing ss.
33 922.052, 922.06, 922.07, 922.08, 922.095, 922.10,
34 922.105, 922.108, 922.11, 922.111, 922.12, 922.14, and
35 922.15, F.S., relating to issuance of warrant of
36 execution, stay of execution of death sentence,
37 proceedings when a person under sentence of death
38 appears to be insane, proceedings when a person under
39 sentence of death appears to be pregnant, grounds for
40 death warrant, execution of death sentence,
41 prohibition against reduction of death sentence as a
42 result of determination that a method of execution is
43 unconstitutional, sentencing orders in capital cases,
44 regulation of execution, transfer to state prison for
45 safekeeping before death warrant issued, return of
46 warrant of execution issued by Governor, sentence of
47 death unexecuted for unjustifiable reasons, and return
48 of warrant of execution issued by Supreme Court,
49 respectively; amending s. 924.055, F.S.; deleting
50 provisions relating to legislative intent concerning
51 appeals and postconviction proceedings in death
52 penalty cases; repealing ss. 924.056 and 924.057,
53 F.S., relating to commencement of capital
54 postconviction actions for which sentence of death is
55 imposed on or after January 14, 2000, and limitation
56 on postconviction cases in which the death sentence
57 was imposed before January 14, 2000, respectively;
58 amending ss. 924.058 and 924.059, F.S.; conforming
59 provisions to changes made by the act; amending s.
60 925.11, F.S.; deleting provisions relating to
61 preservation of DNA evidence in death penalty cases;
62 amending s. 945.10, F.S.; deleting a public records
63 exemption for the identity of executioners; providing
64 an effective date.
65
66 Be It Enacted by the Legislature of the State of Florida:
67
68 Section 1. Subsections (1) and (2) of section 775.082,
69 Florida Statutes, are amended to read:
70 775.082 Penalties; applicability of sentencing structures;
71 mandatory minimum sentences for certain reoffenders previously
72 released from prison.—
73 (1) A person who has been convicted of a capital felony
74 shall be punished by death if the proceeding held to determine
75 sentence according to the procedure set forth in s. 921.141
76 results in findings by the court that such person shall be
77 punished by death, otherwise such person shall be punished by
78 life imprisonment and shall be ineligible for parole.
79 (2) In the event the death penalty in a capital felony is
80 held to be unconstitutional by the Florida Supreme Court or the
81 United States Supreme Court, the court having jurisdiction over
82 a person previously sentenced to death for a capital felony
83 shall cause such person to be brought before the court, and the
84 court shall sentence such person to life imprisonment as
85 provided in subsection (1). No sentence of death shall be
86 reduced as a result of a determination that a method of
87 execution is held to be unconstitutional under the State
88 Constitution or the Constitution of the United States.
89 Section 2. Paragraphs (d), (e), and (f) of subsection (1)
90 of section 27.51, Florida Statutes, are amended to read:
91 27.51 Duties of public defender.—
92 (1) The public defender shall represent, without additional
93 compensation, any person determined to be indigent under s.
94 27.52 and:
95 (d) Sought by petition filed in such court to be
96 involuntarily placed as a mentally ill person under part I of
97 chapter 394, involuntarily committed as a sexually violent
98 predator under part V of chapter 394, or involuntarily admitted
99 to residential services as a person with developmental
100 disabilities under chapter 393. A public defender shall not
101 represent any plaintiff in a civil action brought under the
102 Florida Rules of Civil Procedure, the Federal Rules of Civil
103 Procedure, or the federal statutes, or represent a petitioner in
104 a rule challenge under chapter 120, unless specifically
105 authorized by statute; or
106 (e) Convicted and sentenced to death, for purposes of
107 handling an appeal to the Supreme Court; or
108 (e)(f) Is appealing a matter in a case arising under
109 paragraphs (a)-(d).
110 Section 3. Paragraphs (e), (f), and (g) of subsection (5)
111 and subsection (8) of section 27.511, Florida Statutes, are
112 amended to read:
113 27.511 Offices of criminal conflict and civil regional
114 counsel; legislative intent; qualifications; appointment;
115 duties.—
116 (5) When the Office of the Public Defender, at any time
117 during the representation of two or more defendants, determines
118 that the interests of those accused are so adverse or hostile
119 that they cannot all be counseled by the public defender or his
120 or her staff without a conflict of interest, or that none can be
121 counseled by the public defender or his or her staff because of
122 a conflict of interest, and the court grants the public
123 defender’s motion to withdraw, the office of criminal conflict
124 and civil regional counsel shall be appointed and shall provide
125 legal services, without additional compensation, to any person
126 determined to be indigent under s. 27.52, who is:
127 (e) Convicted and sentenced to death, for purposes of
128 handling an appeal to the Supreme Court;
129 (e)(f) Appealing a matter in a case arising under
130 paragraphs (a)-(d); or
131 (f)(g) Seeking correction, reduction, or modification of a
132 sentence under Rule 3.800, Florida Rules of Criminal Procedure,
133 or seeking postconviction relief under Rule 3.850, Florida Rules
134 of Criminal Procedure, if, in either case, the court determines
135 that appointment of counsel is necessary to protect a person’s
136 due process rights.
137 (8) The public defender for the judicial circuit specified
138 in s. 27.51(4) shall, after the record on appeal is transmitted
139 to the appellate court by the office of criminal conflict and
140 civil regional counsel which handled the trial and if requested
141 by the regional counsel for the indicated appellate district,
142 handle all circuit court appeals authorized pursuant to
143 paragraph (5)(e)(f) within the state courts system and any
144 authorized appeals to the federal courts required of the
145 official making the request. If the public defender certifies to
146 the court that the public defender has a conflict consistent
147 with the criteria prescribed in s. 27.5303 and moves to
148 withdraw, the regional counsel shall handle the appeal, unless
149 the regional counsel has a conflict, in which case the court
150 shall appoint private counsel pursuant to s. 27.40.
151 Section 4. Sections 27.7001, 27.7002, 27.701, 27.702,
152 27.703, 27.704, 27.705, 27.706, 27.707, 27.708, 27.7081,
153 27.7091, 27.710, 27.711, and 27.715, Florida Statutes, are
154 repealed.
155 Section 5. Paragraph (d) of subsection (1) of section
156 119.071, Florida Statutes, is amended to read:
157 119.071 General exemptions from inspection or copying of
158 public records.—
159 (1) AGENCY ADMINISTRATION.—
160 (d)1. A public record that was prepared by an agency
161 attorney (including an attorney employed or retained by the
162 agency or employed or retained by another public officer or
163 agency to protect or represent the interests of the agency
164 having custody of the record) or prepared at the attorney’s
165 express direction, that reflects a mental impression,
166 conclusion, litigation strategy, or legal theory of the attorney
167 or the agency, and that was prepared exclusively for civil or
168 criminal litigation or for adversarial administrative
169 proceedings, or that was prepared in anticipation of imminent
170 civil or criminal litigation or imminent adversarial
171 administrative proceedings, is exempt from s. 119.07(1) and s.
172 24(a), Art. I of the State Constitution until the conclusion of
173 the litigation or adversarial administrative proceedings. For
174 purposes of capital collateral litigation as set forth in s.
175 27.7001, the Attorney General’s office is entitled to claim this
176 exemption for those public records prepared for direct appeal as
177 well as for all capital collateral litigation after direct
178 appeal until execution of sentence or imposition of a life
179 sentence.
180 2. This exemption is not waived by the release of such
181 public record to another public employee or officer of the same
182 agency or any person consulted by the agency attorney. When
183 asserting the right to withhold a public record pursuant to this
184 paragraph, the agency shall identify the potential parties to
185 any such criminal or civil litigation or adversarial
186 administrative proceedings. If a court finds that the document
187 or other record has been improperly withheld under this
188 paragraph, the party seeking access to such document or record
189 shall be awarded reasonable attorney’s fees and costs in
190 addition to any other remedy ordered by the court.
191 Section 6. Paragraph (k) of subsection (4) of section
192 282.201, Florida Statutes, is amended to read:
193 282.201 State data center system; agency duties and
194 limitations.—A state data center system that includes all
195 primary data centers, other nonprimary data centers, and
196 computing facilities, and that provides an enterprise
197 information technology service as defined in s. 282.0041, is
198 established.
199 (4) SCHEDULE FOR CONSOLIDATIONS OF AGENCY DATA CENTERS.—
200 (k) The Department of Law Enforcement, the Department of
201 the Lottery’s Gaming System, Systems Design and Development in
202 the Office of Policy and Budget, and the State Board of
203 Administration, state attorneys, public defenders, criminal
204 conflict and civil regional counsel, capital collateral regional
205 counsel, the Florida Clerks of Court Operations Corporation, and
206 the Florida Housing Finance Corporation are exempt from data
207 center consolidation under this section.
208 Section 7. Subsection (1) of section 775.15, Florida
209 Statutes, is amended to read:
210 775.15 Time limitations; general time limitations;
211 exceptions.—
212 (1) A prosecution for a capital felony, a life felony, or a
213 felony that resulted in a death may be commenced at any time. If
214 the death penalty is held to be unconstitutional by the Florida
215 Supreme Court or the United States Supreme Court, all crimes
216 designated as capital felonies shall be considered life felonies
217 for the purposes of this section, and prosecution for such
218 crimes may be commenced at any time.
219 Section 8. Subsection (4) of section 790.161, Florida
220 Statutes, is amended to read:
221 790.161 Making, possessing, throwing, projecting, placing,
222 or discharging any destructive device or attempt so to do,
223 felony; penalties.—A person who willfully and unlawfully makes,
224 possesses, throws, projects, places, discharges, or attempts to
225 make, possess, throw, project, place, or discharge any
226 destructive device:
227 (4) If the act results in the death of another person,
228 commits a capital felony, punishable as provided in s. 775.082.
229 In the event the death penalty in a capital felony is held to be
230 unconstitutional by the Florida Supreme Court or the United
231 States Supreme Court, the court having jurisdiction over a
232 person previously sentenced to death for a capital felony shall
233 cause such person to be brought before the court, and the court
234 shall sentence such person to life imprisonment if convicted of
235 murder in the first degree or of a capital felony under this
236 subsection, and such person shall be ineligible for parole. No
237 sentence of death shall be reduced as a result of a
238 determination that a method of execution is held to be
239 unconstitutional under the State Constitution or the
240 Constitution of the United States.
241 Section 9. Section 913.13, Florida Statutes, is repealed.
242 Section 10. Section 921.137, Florida Statutes, is repealed.
243 Section 11. Sections 921.141 and 921.142, Florida Statutes,
244 are repealed.
245 Section 12. Subsection (9) of section 394.912, Florida
246 Statutes, is amended to read:
247 394.912 Definitions.—As used in this part, the term:
248 (9) “Sexually violent offense” means:
249 (a) Murder of a human being while engaged in sexual battery
250 in violation of s. 782.04(1)(b) 782.04(1)(a)2.;
251 (b) Kidnapping of a child under the age of 13 and, in the
252 course of that offense, committing:
253 1. Sexual battery; or
254 2. A lewd, lascivious, or indecent assault or act upon or
255 in the presence of the child;
256 (c) Committing the offense of false imprisonment upon a
257 child under the age of 13 and, in the course of that offense,
258 committing:
259 1. Sexual battery; or
260 2. A lewd, lascivious, or indecent assault or act upon or
261 in the presence of the child;
262 (d) Sexual battery in violation of s. 794.011;
263 (e) Lewd, lascivious, or indecent assault or act upon or in
264 presence of the child in violation of s. 800.04 or s.
265 847.0135(5);
266 (f) An attempt, criminal solicitation, or conspiracy, in
267 violation of s. 777.04, of a sexually violent offense;
268 (g) Any conviction for a felony offense in effect at any
269 time before October 1, 1998, which is comparable to a sexually
270 violent offense under paragraphs (a)-(f) or any federal
271 conviction or conviction in another state for a felony offense
272 that in this state would be a sexually violent offense; or
273 (h) Any criminal act that, either at the time of sentencing
274 for the offense or subsequently during civil commitment
275 proceedings under this part, has been determined beyond a
276 reasonable doubt to have been sexually motivated.
277 Section 13. Subsection (1) of section 782.04, Florida
278 Statutes, is amended to read:
279 782.04 Murder.—
280 (1)(a) The unlawful killing of a human being:
281 (a)1. When perpetrated from a premeditated design to effect
282 the death of the person killed or any human being;
283 (b)2. When committed by a person engaged in the
284 perpetration of, or in the attempt to perpetrate, any:
285 1.a. Trafficking offense prohibited by s. 893.135(1),
286 2.b. Arson,
287 3.c. Sexual battery,
288 4.d. Robbery,
289 5.e. Burglary,
290 6.f. Kidnapping,
291 7.g. Escape,
292 8.h. Aggravated child abuse,
293 9.i. Aggravated abuse of an elderly person or disabled
294 adult,
295 10.j. Aircraft piracy,
296 11.k. Unlawful throwing, placing, or discharging of a
297 destructive device or bomb,
298 12.l. Carjacking,
299 13.m. Home-invasion robbery,
300 14.n. Aggravated stalking,
301 15.o. Murder of another human being,
302 16.p. Resisting an officer with violence to his or her
303 person,
304 17.q. Aggravated fleeing or eluding with serious bodily
305 injury or death,
306 18.r. Felony that is an act of terrorism or is in
307 furtherance of an act of terrorism; or
308 (c)3. Which resulted from the unlawful distribution of any
309 substance controlled under s. 893.03(1), cocaine as described in
310 s. 893.03(2)(a)4., opium or any synthetic or natural salt,
311 compound, derivative, or preparation of opium, or methadone by a
312 person 18 years of age or older, when such drug is proven to be
313 the proximate cause of the death of the user,
314
315 is murder in the first degree and constitutes a capital felony,
316 punishable as provided in s. 775.082.
317 (b) In all cases under this section, the procedure set
318 forth in s. 921.141 shall be followed in order to determine
319 sentence of death or life imprisonment.
320 Section 14. Section 782.065, Florida Statutes, is amended
321 to read:
322 782.065 Murder; law enforcement officer, correctional
323 officer, correctional probation officer.—Notwithstanding ss.
324 775.082, 775.0823, 782.04, 782.051, and chapter 921, a defendant
325 shall be sentenced to life imprisonment without eligibility for
326 release upon findings by the trier of fact that, beyond a
327 reasonable doubt:
328 (1) The defendant committed murder in the first degree in
329 violation of s. 782.04(1) and a death sentence was not imposed;
330 murder in the second or third degree in violation of s.
331 782.04(2), (3), or (4); attempted murder in the first or second
332 degree in violation of s. 782.04(1)(a) 782.04(1)(a)1. or (2); or
333 attempted felony murder in violation of s. 782.051; and
334 (2) The victim of any offense described in subsection (1)
335 was a law enforcement officer, part-time law enforcement
336 officer, auxiliary law enforcement officer, correctional
337 officer, part-time correctional officer, auxiliary correctional
338 officer, correctional probation officer, part-time correctional
339 probation officer, or auxiliary correctional probation officer,
340 as those terms are defined in s. 943.10, engaged in the lawful
341 performance of a legal duty.
342 Section 15. Paragraph (a) of subsection (2) of section
343 794.011, Florida Statutes, is amended to read:
344 794.011 Sexual battery.—
345 (2)(a) A person 18 years of age or older who commits sexual
346 battery upon, or in an attempt to commit sexual battery injures
347 the sexual organs of, a person less than 12 years of age commits
348 a capital felony, punishable as provided in s. ss. 775.082 and
349 921.141.
350 Section 16. Paragraphs (b) through (l) of subsection (1) of
351 section 893.135, Florida Statutes, are amended to read:
352 893.135 Trafficking; mandatory sentences; suspension or
353 reduction of sentences; conspiracy to engage in trafficking.—
354 (1) Except as authorized in this chapter or in chapter 499
355 and notwithstanding the provisions of s. 893.13:
356 (b)1. Any person who knowingly sells, purchases,
357 manufactures, delivers, or brings into this state, or who is
358 knowingly in actual or constructive possession of, 28 grams or
359 more of cocaine, as described in s. 893.03(2)(a)4., or of any
360 mixture containing cocaine, but less than 150 kilograms of
361 cocaine or any such mixture, commits a felony of the first
362 degree, which felony shall be known as “trafficking in cocaine,”
363 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
364 If the quantity involved:
365 a. Is 28 grams or more, but less than 200 grams, such
366 person shall be sentenced to a mandatory minimum term of
367 imprisonment of 3 years, and the defendant shall be ordered to
368 pay a fine of $50,000.
369 b. Is 200 grams or more, but less than 400 grams, such
370 person shall be sentenced to a mandatory minimum term of
371 imprisonment of 7 years, and the defendant shall be ordered to
372 pay a fine of $100,000.
373 c. Is 400 grams or more, but less than 150 kilograms, such
374 person shall be sentenced to a mandatory minimum term of
375 imprisonment of 15 calendar years and pay a fine of $250,000.
376 2. Any person who knowingly sells, purchases, manufactures,
377 delivers, or brings into this state, or who is knowingly in
378 actual or constructive possession of, 150 kilograms or more of
379 cocaine, as described in s. 893.03(2)(a)4., commits the first
380 degree felony of trafficking in cocaine. A person who has been
381 convicted of the first degree felony of trafficking in cocaine
382 under this subparagraph shall be punished by life imprisonment
383 and is ineligible for any form of discretionary early release
384 except pardon or executive clemency or conditional medical
385 release under s. 947.149. However, if the court determines that,
386 in addition to committing any act specified in this paragraph:
387 a. The person intentionally killed an individual or
388 counseled, commanded, induced, procured, or caused the
389 intentional killing of an individual and such killing was the
390 result; or
391 b. The person’s conduct in committing that act led to a
392 natural, though not inevitable, lethal result,
393
394 such person commits the capital felony of trafficking in
395 cocaine, punishable as provided in s. ss. 775.082 and 921.142.
396 Any person sentenced for a capital felony under this paragraph
397 shall also be sentenced to pay the maximum fine provided under
398 subparagraph 1.
399 3. Any person who knowingly brings into this state 300
400 kilograms or more of cocaine, as described in s. 893.03(2)(a)4.,
401 and who knows that the probable result of such importation would
402 be the death of any person, commits capital importation of
403 cocaine, a capital felony punishable as provided in s. ss.
404 775.082 and 921.142. Any person sentenced for a capital felony
405 under this paragraph shall also be sentenced to pay the maximum
406 fine provided under subparagraph 1.
407 (c)1. Any person who knowingly sells, purchases,
408 manufactures, delivers, or brings into this state, or who is
409 knowingly in actual or constructive possession of, 4 grams or
410 more of any morphine, opium, oxycodone, hydrocodone,
411 hydromorphone, or any salt, derivative, isomer, or salt of an
412 isomer thereof, including heroin, as described in s.
413 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 4 grams or more
414 of any mixture containing any such substance, but less than 30
415 kilograms of such substance or mixture, commits a felony of the
416 first degree, which felony shall be known as “trafficking in
417 illegal drugs,” punishable as provided in s. 775.082, s.
418 775.083, or s. 775.084. If the quantity involved:
419 a. Is 4 grams or more, but less than 14 grams, such person
420 shall be sentenced to a mandatory minimum term of imprisonment
421 of 3 years, and the defendant shall be ordered to pay a fine of
422 $50,000.
423 b. Is 14 grams or more, but less than 28 grams, such person
424 shall be sentenced to a mandatory minimum term of imprisonment
425 of 15 years, and the defendant shall be ordered to pay a fine of
426 $100,000.
427 c. Is 28 grams or more, but less than 30 kilograms, such
428 person shall be sentenced to a mandatory minimum term of
429 imprisonment of 25 calendar years and pay a fine of $500,000.
430 2. Any person who knowingly sells, purchases, manufactures,
431 delivers, or brings into this state, or who is knowingly in
432 actual or constructive possession of, 30 kilograms or more of
433 any morphine, opium, oxycodone, hydrocodone, hydromorphone, or
434 any salt, derivative, isomer, or salt of an isomer thereof,
435 including heroin, as described in s. 893.03(1)(b), (2)(a),
436 (3)(c)3., or (3)(c)4., or 30 kilograms or more of any mixture
437 containing any such substance, commits the first degree felony
438 of trafficking in illegal drugs. A person who has been convicted
439 of the first degree felony of trafficking in illegal drugs under
440 this subparagraph shall be punished by life imprisonment and is
441 ineligible for any form of discretionary early release except
442 pardon or executive clemency or conditional medical release
443 under s. 947.149. However, if the court determines that, in
444 addition to committing any act specified in this paragraph:
445 a. The person intentionally killed an individual or
446 counseled, commanded, induced, procured, or caused the
447 intentional killing of an individual and such killing was the
448 result; or
449 b. The person’s conduct in committing that act led to a
450 natural, though not inevitable, lethal result,
451
452 such person commits the capital felony of trafficking in illegal
453 drugs, punishable as provided in s. ss. 775.082 and 921.142. Any
454 person sentenced for a capital felony under this paragraph shall
455 also be sentenced to pay the maximum fine provided under
456 subparagraph 1.
457 3. Any person who knowingly brings into this state 60
458 kilograms or more of any morphine, opium, oxycodone,
459 hydrocodone, hydromorphone, or any salt, derivative, isomer, or
460 salt of an isomer thereof, including heroin, as described in s.
461 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 60 kilograms or
462 more of any mixture containing any such substance, and who knows
463 that the probable result of such importation would be the death
464 of any person, commits capital importation of illegal drugs, a
465 capital felony punishable as provided in s. ss. 775.082 and
466 921.142. Any person sentenced for a capital felony under this
467 paragraph shall also be sentenced to pay the maximum fine
468 provided under subparagraph 1.
469 (d)1. Any person who knowingly sells, purchases,
470 manufactures, delivers, or brings into this state, or who is
471 knowingly in actual or constructive possession of, 28 grams or
472 more of phencyclidine or of any mixture containing
473 phencyclidine, as described in s. 893.03(2)(b), commits a felony
474 of the first degree, which felony shall be known as “trafficking
475 in phencyclidine,” punishable as provided in s. 775.082, s.
476 775.083, or s. 775.084. If the quantity involved:
477 a. Is 28 grams or more, but less than 200 grams, such
478 person shall be sentenced to a mandatory minimum term of
479 imprisonment of 3 years, and the defendant shall be ordered to
480 pay a fine of $50,000.
481 b. Is 200 grams or more, but less than 400 grams, such
482 person shall be sentenced to a mandatory minimum term of
483 imprisonment of 7 years, and the defendant shall be ordered to
484 pay a fine of $100,000.
485 c. Is 400 grams or more, such person shall be sentenced to
486 a mandatory minimum term of imprisonment of 15 calendar years
487 and pay a fine of $250,000.
488 2. Any person who knowingly brings into this state 800
489 grams or more of phencyclidine or of any mixture containing
490 phencyclidine, as described in s. 893.03(2)(b), and who knows
491 that the probable result of such importation would be the death
492 of any person commits capital importation of phencyclidine, a
493 capital felony punishable as provided in s. ss. 775.082 and
494 921.142. Any person sentenced for a capital felony under this
495 paragraph shall also be sentenced to pay the maximum fine
496 provided under subparagraph 1.
497 (e)1. Any person who knowingly sells, purchases,
498 manufactures, delivers, or brings into this state, or who is
499 knowingly in actual or constructive possession of, 200 grams or
500 more of methaqualone or of any mixture containing methaqualone,
501 as described in s. 893.03(1)(d), commits a felony of the first
502 degree, which felony shall be known as “trafficking in
503 methaqualone,” punishable as provided in s. 775.082, s. 775.083,
504 or s. 775.084. If the quantity involved:
505 a. Is 200 grams or more, but less than 5 kilograms, such
506 person shall be sentenced to a mandatory minimum term of
507 imprisonment of 3 years, and the defendant shall be ordered to
508 pay a fine of $50,000.
509 b. Is 5 kilograms or more, but less than 25 kilograms, such
510 person shall be sentenced to a mandatory minimum term of
511 imprisonment of 7 years, and the defendant shall be ordered to
512 pay a fine of $100,000.
513 c. Is 25 kilograms or more, such person shall be sentenced
514 to a mandatory minimum term of imprisonment of 15 calendar years
515 and pay a fine of $250,000.
516 2. Any person who knowingly brings into this state 50
517 kilograms or more of methaqualone or of any mixture containing
518 methaqualone, as described in s. 893.03(1)(d), and who knows
519 that the probable result of such importation would be the death
520 of any person commits capital importation of methaqualone, a
521 capital felony punishable as provided in s. ss. 775.082 and
522 921.142. Any person sentenced for a capital felony under this
523 paragraph shall also be sentenced to pay the maximum fine
524 provided under subparagraph 1.
525 (f)1. Any person who knowingly sells, purchases,
526 manufactures, delivers, or brings into this state, or who is
527 knowingly in actual or constructive possession of, 14 grams or
528 more of amphetamine, as described in s. 893.03(2)(c)2., or
529 methamphetamine, as described in s. 893.03(2)(c)4., or of any
530 mixture containing amphetamine or methamphetamine, or
531 phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine
532 in conjunction with other chemicals and equipment utilized in
533 the manufacture of amphetamine or methamphetamine, commits a
534 felony of the first degree, which felony shall be known as
535 “trafficking in amphetamine,” punishable as provided in s.
536 775.082, s. 775.083, or s. 775.084. If the quantity involved:
537 a. Is 14 grams or more, but less than 28 grams, such person
538 shall be sentenced to a mandatory minimum term of imprisonment
539 of 3 years, and the defendant shall be ordered to pay a fine of
540 $50,000.
541 b. Is 28 grams or more, but less than 200 grams, such
542 person shall be sentenced to a mandatory minimum term of
543 imprisonment of 7 years, and the defendant shall be ordered to
544 pay a fine of $100,000.
545 c. Is 200 grams or more, such person shall be sentenced to
546 a mandatory minimum term of imprisonment of 15 calendar years
547 and pay a fine of $250,000.
548 2. Any person who knowingly manufactures or brings into
549 this state 400 grams or more of amphetamine, as described in s.
550 893.03(2)(c)2., or methamphetamine, as described in s.
551 893.03(2)(c)4., or of any mixture containing amphetamine or
552 methamphetamine, or phenylacetone, phenylacetic acid,
553 pseudoephedrine, or ephedrine in conjunction with other
554 chemicals and equipment used in the manufacture of amphetamine
555 or methamphetamine, and who knows that the probable result of
556 such manufacture or importation would be the death of any person
557 commits capital manufacture or importation of amphetamine, a
558 capital felony punishable as provided in s. ss. 775.082 and
559 921.142. Any person sentenced for a capital felony under this
560 paragraph shall also be sentenced to pay the maximum fine
561 provided under subparagraph 1.
562 (g)1. Any person who knowingly sells, purchases,
563 manufactures, delivers, or brings into this state, or who is
564 knowingly in actual or constructive possession of, 4 grams or
565 more of flunitrazepam or any mixture containing flunitrazepam as
566 described in s. 893.03(1)(a) commits a felony of the first
567 degree, which felony shall be known as “trafficking in
568 flunitrazepam,” punishable as provided in s. 775.082, s.
569 775.083, or s. 775.084. If the quantity involved:
570 a. Is 4 grams or more but less than 14 grams, such person
571 shall be sentenced to a mandatory minimum term of imprisonment
572 of 3 years, and the defendant shall be ordered to pay a fine of
573 $50,000.
574 b. Is 14 grams or more but less than 28 grams, such person
575 shall be sentenced to a mandatory minimum term of imprisonment
576 of 7 years, and the defendant shall be ordered to pay a fine of
577 $100,000.
578 c. Is 28 grams or more but less than 30 kilograms, such
579 person shall be sentenced to a mandatory minimum term of
580 imprisonment of 25 calendar years and pay a fine of $500,000.
581 2. Any person who knowingly sells, purchases, manufactures,
582 delivers, or brings into this state or who is knowingly in
583 actual or constructive possession of 30 kilograms or more of
584 flunitrazepam or any mixture containing flunitrazepam as
585 described in s. 893.03(1)(a) commits the first degree felony of
586 trafficking in flunitrazepam. A person who has been convicted of
587 the first degree felony of trafficking in flunitrazepam under
588 this subparagraph shall be punished by life imprisonment and is
589 ineligible for any form of discretionary early release except
590 pardon or executive clemency or conditional medical release
591 under s. 947.149. However, if the court determines that, in
592 addition to committing any act specified in this paragraph:
593 a. The person intentionally killed an individual or
594 counseled, commanded, induced, procured, or caused the
595 intentional killing of an individual and such killing was the
596 result; or
597 b. The person’s conduct in committing that act led to a
598 natural, though not inevitable, lethal result,
599
600 such person commits the capital felony of trafficking in
601 flunitrazepam, punishable as provided in s. ss. 775.082 and
602 921.142. Any person sentenced for a capital felony under this
603 paragraph shall also be sentenced to pay the maximum fine
604 provided under subparagraph 1.
605 (h)1. Any person who knowingly sells, purchases,
606 manufactures, delivers, or brings into this state, or who is
607 knowingly in actual or constructive possession of, 1 kilogram or
608 more of gamma-hydroxybutyric acid (GHB), as described in s.
609 893.03(1)(d), or any mixture containing gamma-hydroxybutyric
610 acid (GHB), commits a felony of the first degree, which felony
611 shall be known as “trafficking in gamma-hydroxybutyric acid
612 (GHB),” punishable as provided in s. 775.082, s. 775.083, or s.
613 775.084. If the quantity involved:
614 a. Is 1 kilogram or more but less than 5 kilograms, such
615 person shall be sentenced to a mandatory minimum term of
616 imprisonment of 3 years, and the defendant shall be ordered to
617 pay a fine of $50,000.
618 b. Is 5 kilograms or more but less than 10 kilograms, such
619 person shall be sentenced to a mandatory minimum term of
620 imprisonment of 7 years, and the defendant shall be ordered to
621 pay a fine of $100,000.
622 c. Is 10 kilograms or more, such person shall be sentenced
623 to a mandatory minimum term of imprisonment of 15 calendar years
624 and pay a fine of $250,000.
625 2. Any person who knowingly manufactures or brings into
626 this state 150 kilograms or more of gamma-hydroxybutyric acid
627 (GHB), as described in s. 893.03(1)(d), or any mixture
628 containing gamma-hydroxybutyric acid (GHB), and who knows that
629 the probable result of such manufacture or importation would be
630 the death of any person commits capital manufacture or
631 importation of gamma-hydroxybutyric acid (GHB), a capital felony
632 punishable as provided in s. ss. 775.082 and 921.142. Any person
633 sentenced for a capital felony under this paragraph shall also
634 be sentenced to pay the maximum fine provided under subparagraph
635 1.
636 (i)1. Any person who knowingly sells, purchases,
637 manufactures, delivers, or brings into this state, or who is
638 knowingly in actual or constructive possession of, 1 kilogram or
639 more of gamma-butyrolactone (GBL), as described in s.
640 893.03(1)(d), or any mixture containing gamma-butyrolactone
641 (GBL), commits a felony of the first degree, which felony shall
642 be known as “trafficking in gamma-butyrolactone (GBL),”
643 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
644 If the quantity involved:
645 a. Is 1 kilogram or more but less than 5 kilograms, such
646 person shall be sentenced to a mandatory minimum term of
647 imprisonment of 3 years, and the defendant shall be ordered to
648 pay a fine of $50,000.
649 b. Is 5 kilograms or more but less than 10 kilograms, such
650 person shall be sentenced to a mandatory minimum term of
651 imprisonment of 7 years, and the defendant shall be ordered to
652 pay a fine of $100,000.
653 c. Is 10 kilograms or more, such person shall be sentenced
654 to a mandatory minimum term of imprisonment of 15 calendar years
655 and pay a fine of $250,000.
656 2. Any person who knowingly manufactures or brings into the
657 state 150 kilograms or more of gamma-butyrolactone (GBL), as
658 described in s. 893.03(1)(d), or any mixture containing gamma
659 butyrolactone (GBL), and who knows that the probable result of
660 such manufacture or importation would be the death of any person
661 commits capital manufacture or importation of gamma
662 butyrolactone (GBL), a capital felony punishable as provided in
663 s. ss. 775.082 and 921.142. Any person sentenced for a capital
664 felony under this paragraph shall also be sentenced to pay the
665 maximum fine provided under subparagraph 1.
666 (j)1. Any person who knowingly sells, purchases,
667 manufactures, delivers, or brings into this state, or who is
668 knowingly in actual or constructive possession of, 1 kilogram or
669 more of 1,4-Butanediol as described in s. 893.03(1)(d), or of
670 any mixture containing 1,4-Butanediol, commits a felony of the
671 first degree, which felony shall be known as “trafficking in
672 1,4-Butanediol,” punishable as provided in s. 775.082, s.
673 775.083, or s. 775.084. If the quantity involved:
674 a. Is 1 kilogram or more, but less than 5 kilograms, such
675 person shall be sentenced to a mandatory minimum term of
676 imprisonment of 3 years, and the defendant shall be ordered to
677 pay a fine of $50,000.
678 b. Is 5 kilograms or more, but less than 10 kilograms, such
679 person shall be sentenced to a mandatory minimum term of
680 imprisonment of 7 years, and the defendant shall be ordered to
681 pay a fine of $100,000.
682 c. Is 10 kilograms or more, such person shall be sentenced
683 to a mandatory minimum term of imprisonment of 15 calendar years
684 and pay a fine of $500,000.
685 2. Any person who knowingly manufactures or brings into
686 this state 150 kilograms or more of 1,4-Butanediol as described
687 in s. 893.03(1)(d), or any mixture containing 1,4-Butanediol,
688 and who knows that the probable result of such manufacture or
689 importation would be the death of any person commits capital
690 manufacture or importation of 1,4-Butanediol, a capital felony
691 punishable as provided in s. ss. 775.082 and 921.142. Any person
692 sentenced for a capital felony under this paragraph shall also
693 be sentenced to pay the maximum fine provided under subparagraph
694 1.
695 (k)1. Any person who knowingly sells, purchases,
696 manufactures, delivers, or brings into this state, or who is
697 knowingly in actual or constructive possession of, 10 grams or
698 more of any of the following substances described in s.
699 893.03(1)(a) or (c):
700 a. 3,4-Methylenedioxymethamphetamine (MDMA);
701 b. 4-Bromo-2,5-dimethoxyamphetamine;
702 c. 4-Bromo-2,5-dimethoxyphenethylamine;
703 d. 2,5-Dimethoxyamphetamine;
704 e. 2,5-Dimethoxy-4-ethylamphetamine (DOET);
705 f. N-ethylamphetamine;
706 g. N-Hydroxy-3,4-methylenedioxyamphetamine;
707 h. 5-Methoxy-3,4-methylenedioxyamphetamine;
708 i. 4-methoxyamphetamine;
709 j. 4-methoxymethamphetamine;
710 k. 4-Methyl-2,5-dimethoxyamphetamine;
711 l. 3,4-Methylenedioxy-N-ethylamphetamine;
712 m. 3,4-Methylenedioxyamphetamine;
713 n. N,N-dimethylamphetamine; or
714 o. 3,4,5-Trimethoxyamphetamine,
715
716 individually or in any combination of or any mixture containing
717 any substance listed in sub-subparagraphs a.-o., commits a
718 felony of the first degree, which felony shall be known as
719 “trafficking in Phenethylamines,” punishable as provided in s.
720 775.082, s. 775.083, or s. 775.084.
721 2. If the quantity involved:
722 a. Is 10 grams or more but less than 200 grams, such person
723 shall be sentenced to a mandatory minimum term of imprisonment
724 of 3 years, and the defendant shall be ordered to pay a fine of
725 $50,000.
726 b. Is 200 grams or more, but less than 400 grams, such
727 person shall be sentenced to a mandatory minimum term of
728 imprisonment of 7 years, and the defendant shall be ordered to
729 pay a fine of $100,000.
730 c. Is 400 grams or more, such person shall be sentenced to
731 a mandatory minimum term of imprisonment of 15 calendar years
732 and pay a fine of $250,000.
733 3. Any person who knowingly manufactures or brings into
734 this state 30 kilograms or more of any of the following
735 substances described in s. 893.03(1)(a) or (c):
736 a. 3,4-Methylenedioxymethamphetamine (MDMA);
737 b. 4-Bromo-2,5-dimethoxyamphetamine;
738 c. 4-Bromo-2,5-dimethoxyphenethylamine;
739 d. 2,5-Dimethoxyamphetamine;
740 e. 2,5-Dimethoxy-4-ethylamphetamine (DOET);
741 f. N-ethylamphetamine;
742 g. N-Hydroxy-3,4-methylenedioxyamphetamine;
743 h. 5-Methoxy-3,4-methylenedioxyamphetamine;
744 i. 4-methoxyamphetamine;
745 j. 4-methoxymethamphetamine;
746 k. 4-Methyl-2,5-dimethoxyamphetamine;
747 l. 3,4-Methylenedioxy-N-ethylamphetamine;
748 m. 3,4-Methylenedioxyamphetamine;
749 n. N,N-dimethylamphetamine; or
750 o. 3,4,5-Trimethoxyamphetamine,
751
752 individually or in any combination of or any mixture containing
753 any substance listed in sub-subparagraphs a.-o., and who knows
754 that the probable result of such manufacture or importation
755 would be the death of any person commits capital manufacture or
756 importation of Phenethylamines, a capital felony punishable as
757 provided in s. ss. 775.082 and 921.142. Any person sentenced for
758 a capital felony under this paragraph shall also be sentenced to
759 pay the maximum fine provided under subparagraph 1.
760 (l)1. Any person who knowingly sells, purchases,
761 manufactures, delivers, or brings into this state, or who is
762 knowingly in actual or constructive possession of, 1 gram or
763 more of lysergic acid diethylamide (LSD) as described in s.
764 893.03(1)(c), or of any mixture containing lysergic acid
765 diethylamide (LSD), commits a felony of the first degree, which
766 felony shall be known as “trafficking in lysergic acid
767 diethylamide (LSD),” punishable as provided in s. 775.082, s.
768 775.083, or s. 775.084. If the quantity involved:
769 a. Is 1 gram or more, but less than 5 grams, such person
770 shall be sentenced to a mandatory minimum term of imprisonment
771 of 3 years, and the defendant shall be ordered to pay a fine of
772 $50,000.
773 b. Is 5 grams or more, but less than 7 grams, such person
774 shall be sentenced to a mandatory minimum term of imprisonment
775 of 7 years, and the defendant shall be ordered to pay a fine of
776 $100,000.
777 c. Is 7 grams or more, such person shall be sentenced to a
778 mandatory minimum term of imprisonment of 15 calendar years and
779 pay a fine of $500,000.
780 2. Any person who knowingly manufactures or brings into
781 this state 7 grams or more of lysergic acid diethylamide (LSD)
782 as described in s. 893.03(1)(c), or any mixture containing
783 lysergic acid diethylamide (LSD), and who knows that the
784 probable result of such manufacture or importation would be the
785 death of any person commits capital manufacture or importation
786 of lysergic acid diethylamide (LSD), a capital felony punishable
787 as provided in s. ss. 775.082 and 921.142. Any person sentenced
788 for a capital felony under this paragraph shall also be
789 sentenced to pay the maximum fine provided under subparagraph 1.
790 Section 17. Sections 922.052, 922.06, 922.07, 922.08,
791 922.095, 922.10, 922.105, 922.108, 922.11, 922.111, 922.12,
792 922.14, and 922.15, Florida Statutes, are repealed.
793 Section 18. Section 924.055, Florida Statutes, is amended
794 to read:
795 924.055 Postconviction review in capital cases; legislative
796 findings and intent.—
797 (1) It is the intent of the Legislature to reduce delays in
798 capital cases and to ensure that all appeals and postconviction
799 actions in capital cases are resolved within 5 years after the
800 date a sentence of death is imposed in the circuit court. All
801 capital postconviction actions must be filed as early as
802 possible after the imposition of a sentence of death which may
803 be during a direct appeal of the conviction and sentence. A
804 person sentenced to death or that person’s capital
805 postconviction counsel must file any postconviction legal action
806 in compliance with the statutes of limitation established in s.
807 924.056 and elsewhere in this chapter. Except as expressly
808 allowed by s. 924.056(5), a person sentenced to death or that
809 person’s capital postconviction counsel may not file more than
810 one postconviction action in a sentencing court and one appeal
811 therefrom to the Florida Supreme Court, unless authorized by
812 law.
813 (2) It is the further intent of the Legislature that no
814 state resources be expended in violation of this act. In the
815 event that any state employee or party contracting with the
816 state violates the provisions of this act, the Attorney General
817 shall deliver to the Speaker of the House of Representatives and
818 the President of the Senate a copy of any court pleading or
819 order that describes or adjudicates a violation.
820 Section 19. Sections 924.056 and 924.057, Florida Statutes,
821 are repealed.
822 Section 20. Subsection (1) of section 924.058, Florida
823 Statutes, is amended to read:
824 924.058 Capital postconviction claims.—This section shall
825 regulate the procedures in actions for capital postconviction
826 relief commencing after the effective date of this act unless
827 and until such procedures are revised by rule or rules adopted
828 by the Florida Supreme Court which specifically reference this
829 section.
830 (1) The defendant or the defendant’s capital postconviction
831 counsel shall not file more than one capital postconviction
832 action in the sentencing court, one appeal therefrom in the
833 Florida Supreme Court, and one original capital postconviction
834 action alleging the ineffectiveness of direct appeal counsel in
835 the Florida Supreme Court, except as expressly allowed by s.
836 924.056(5).
837 Section 21. Subsection (8) of section 924.059, Florida
838 Statutes, is amended to read:
839 924.059 Time limitations and judicial review in capital
840 postconviction actions.—This section shall regulate the
841 procedures in actions for capital postconviction relief
842 commencing after the effective date of this act unless and until
843 such procedures are revised by rule or rules adopted by the
844 Florida Supreme Court which specifically reference this section.
845 (8) A capital postconviction action filed in violation of
846 the time limitations provided by statute is barred, and all
847 claims raised therein are waived. A state court shall not
848 consider any capital postconviction action filed in violation of
849 s. 924.056 or s. 924.057. The Attorney General shall deliver to
850 the Governor, the President of the Senate, and the Speaker of
851 the House of Representatives a copy of any pleading or order
852 that alleges or adjudicates any violation of this provision.
853 Section 22. Subsection (4) of section 925.11, Florida
854 Statutes, is amended to read:
855 925.11 Postsentencing DNA testing.—
856 (4) PRESERVATION OF EVIDENCE.—
857 (a) Governmental entities that may be in possession of any
858 physical evidence in the case, including, but not limited to,
859 any investigating law enforcement agency, the clerk of the
860 court, the prosecuting authority, or the Department of Law
861 Enforcement shall maintain any physical evidence collected at
862 the time of the crime for which a postsentencing testing of DNA
863 may be requested.
864 (b) In a case in which the death penalty is imposed, the
865 evidence shall be maintained for 60 days after execution of the
866 sentence. In all other cases, a governmental entity may dispose
867 of the physical evidence if the term of the sentence imposed in
868 the case has expired and no other provision of law or rule
869 requires that the physical evidence be preserved or retained.
870 Section 23. Paragraphs (g) and (h) of subsection (1) and
871 subsection (2) of section 945.10, Florida Statutes, are amended
872 to read:
873 945.10 Confidential information.—
874 (1) Except as otherwise provided by law or in this section,
875 the following records and information held by the Department of
876 Corrections are confidential and exempt from the provisions of
877 s. 119.07(1) and s. 24(a), Art. I of the State Constitution:
878 (g) Information which identifies an executioner, or any
879 person prescribing, preparing, compounding, dispensing, or
880 administering a lethal injection.
881 (g)(h) Records that are otherwise confidential or exempt
882 from public disclosure by law.
883 (2) The records and information specified in subsection
884 paragraphs (1)(a)-(h) may be released as follows unless
885 expressly prohibited by federal law:
886 (a) Information specified in paragraphs (1)(b), (d), and
887 (f) to the Office of the Governor, the Legislature, the Parole
888 Commission, the Department of Children and Family Services, a
889 private correctional facility or program that operates under a
890 contract, the Department of Legal Affairs, a state attorney, the
891 court, or a law enforcement agency. A request for records or
892 information pursuant to this paragraph need not be in writing.
893 (b) Information specified in paragraphs (1)(c), (e), and
894 (g)(h) to the Office of the Governor, the Legislature, the
895 Parole Commission, the Department of Children and Family
896 Services, a private correctional facility or program that
897 operates under contract, the Department of Legal Affairs, a
898 state attorney, the court, or a law enforcement agency. A
899 request for records or information pursuant to this paragraph
900 must be in writing and a statement provided demonstrating a need
901 for the records or information.
902 (c) Information specified in paragraph (1)(b) to an
903 attorney representing an inmate under sentence of death, except
904 those portions of the records containing a victim’s statement or
905 address, or the statement or address of a relative of the
906 victim. A request for records of information pursuant to this
907 paragraph must be in writing and a statement provided
908 demonstrating a need for the records or information.
909 (d) Information specified in paragraph (1)(b) to a public
910 defender representing a defendant, except those portions of the
911 records containing a victim’s statement or address, or the
912 statement or address of a relative of the victim. A request for
913 records or information pursuant to this paragraph need not be in
914 writing.
915 (e) Information specified in paragraph (1)(b) to state or
916 local governmental agencies. A request for records or
917 information pursuant to this paragraph must be in writing and a
918 statement provided demonstrating a need for the records or
919 information.
920 (f) Information specified in paragraph (1)(b) to a person
921 conducting legitimate research. A request for records and
922 information pursuant to this paragraph must be in writing, the
923 person requesting the records or information must sign a
924 confidentiality agreement, and the department must approve the
925 request in writing.
926 (g) Information specified in paragraph (1)(a) to the
927 Department of Health and the county health department where an
928 inmate plans to reside if he or she has tested positive for the
929 presence of the antibody or antigen to human immunodeficiency
930 virus infection.
931
932 Records and information released under this subsection remain
933 confidential and exempt from the provisions of s. 119.07(1) and
934 s. 24(a), Art. I of the State Constitution when held by the
935 receiving person or entity.
936 Section 24. This act shall take effect July 1, 2013.