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.