Florida Senate - 2013                                    SB 1860
       
       
       
       By the Committee on Criminal Justice
       
       
       
       
       591-03865-13                                          20131860__
    1                        A bill to be entitled                      
    2         An act relating to drug trafficking; amending s.
    3         893.135, F.S.; providing that a person who knowingly
    4         sells, purchases, manufactures, delivers, or brings
    5         into this state specified quantities of oxycodone or
    6         hydrocodone, or who is knowingly in actual or
    7         constructive possession of such quantities of such
    8         drugs, commits a felony of the first degree; providing
    9         criminal penalties; providing an effective date.
   10  
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Paragraph (c) of subsection (1) of section
   14  893.135, Florida Statutes, is amended to read:
   15         (1) Except as authorized in this chapter or in chapter 499
   16  and notwithstanding the provisions of s. 893.13:
   17         (c)1. Any person who knowingly sells, purchases,
   18  manufactures, delivers, or brings into this state, or who is
   19  knowingly in actual or constructive possession of, 4 grams or
   20  more of any morphine, opium, oxycodone, hydrocodone,
   21  hydromorphone, or any salt, derivative, isomer, or salt of an
   22  isomer thereof, including heroin, as described in s.
   23  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 4 grams or more
   24  of any mixture containing any such substance, but less than 30
   25  kilograms of such substance or mixture, commits a felony of the
   26  first degree, which felony shall be known as “trafficking in
   27  illegal drugs,” punishable as provided in s. 775.082, s.
   28  775.083, or s. 775.084. If the quantity involved:
   29         a. Is 4 grams or more, but less than 14 grams, such person
   30  shall be sentenced to a mandatory minimum term of imprisonment
   31  of 3 years, and the defendant shall be ordered to pay a fine of
   32  $50,000.
   33         b. Is 14 grams or more, but less than 28 grams, such person
   34  shall be sentenced to a mandatory minimum term of imprisonment
   35  of 15 years, and the defendant shall be ordered to pay a fine of
   36  $100,000.
   37         c. Is 28 grams or more, but less than 30 kilograms, such
   38  person shall be sentenced to a mandatory minimum term of
   39  imprisonment of 25 calendar years and ordered to pay a fine of
   40  $500,000.
   41         2. A person who knowingly sells, purchases, manufactures,
   42  delivers, or brings into this state or who is knowingly in
   43  actual or constructive possession of 14 grams or more of any
   44  oxycodone or hydrocodone, or 14 grams or more of any mixture
   45  containing any such substance, commits a felony of the first
   46  degree, which felony shall be known as “trafficking in illegal
   47  prescription drugs,” punishable as provided in s. 775.082, s.
   48  775.083, or s. 775.084. If the quantity involved:
   49         a. Is 14 grams or more, but less than 28 grams, such person
   50  shall be sentenced to a mandatory minimum term of imprisonment
   51  of 3 years and ordered to pay a fine of $50,000.
   52         b. Is 28 grams or more, but less than 50 grams, such person
   53  shall be sentenced to a mandatory minimum term of imprisonment
   54  of 7 years and ordered to pay a fine of $100,000.
   55         c. Is 50 grams or more, but less than 200 grams, such
   56  person shall be sentenced to a mandatory minimum term of
   57  imprisonment of 15 calendar years and ordered to pay a fine of
   58  $500,000.
   59         d. Is 200 grams or more, such person shall be sentenced to
   60  a mandatory minimum term of imprisonment of 25 calendar years
   61  and ordered to pay a fine of $750,000.
   62         3.2. Any person who knowingly sells, purchases,
   63  manufactures, delivers, or brings into this state, or who is
   64  knowingly in actual or constructive possession of, 30 kilograms
   65  or more of any morphine, opium, oxycodone, hydrocodone,
   66  hydromorphone, or any salt, derivative, isomer, or salt of an
   67  isomer thereof, including heroin, as described in s.
   68  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or
   69  more of any mixture containing any such substance, commits the
   70  first degree felony of trafficking in illegal drugs. A person
   71  who has been convicted of the first degree felony of trafficking
   72  in illegal drugs under this subparagraph shall be punished by
   73  life imprisonment and is ineligible for any form of
   74  discretionary early release except pardon or executive clemency
   75  or conditional medical release under s. 947.149. However, if the
   76  court determines that, in addition to committing any act
   77  specified in this paragraph:
   78         a. The person intentionally killed an individual or
   79  counseled, commanded, induced, procured, or caused the
   80  intentional killing of an individual and such killing was the
   81  result; or
   82         b. The person’s conduct in committing that act led to a
   83  natural, though not inevitable, lethal result,
   84  
   85  such person commits the capital felony of trafficking in illegal
   86  drugs, punishable as provided in ss. 775.082 and 921.142. Any
   87  person sentenced for a capital felony under this paragraph shall
   88  also be sentenced to pay the maximum fine provided under
   89  subparagraph 1.
   90         4.3. Any person who knowingly brings into this state 60
   91  kilograms or more of any morphine, opium, oxycodone,
   92  hydrocodone, hydromorphone, or any salt, derivative, isomer, or
   93  salt of an isomer thereof, including heroin, as described in s.
   94  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 60 kilograms or
   95  more of any mixture containing any such substance, and who knows
   96  that the probable result of such importation would be the death
   97  of any person, commits capital importation of illegal drugs, a
   98  capital felony punishable as provided in ss. 775.082 and
   99  921.142. Any person sentenced for a capital felony under this
  100  paragraph shall also be sentenced to pay the maximum fine
  101  provided under subparagraph 1.
  102         Section 2. This act shall take effect July 1, 2013.