Florida Senate - 2014 COMMITTEE AMENDMENT
Bill No. SB 360
Ì8791907Î879190
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/06/2014 .
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
(Bradley) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (c) of subsection (1) of section
6 893.135, Florida Statutes, is amended to read:
7 893.135 Trafficking; mandatory sentences; suspension or
8 reduction of sentences; conspiracy to engage in trafficking.—
9 (1) Except as authorized in this chapter or in chapter 499
10 and notwithstanding the provisions of s. 893.13:
11 (c)1. A Any person who knowingly sells, purchases,
12 manufactures, delivers, or brings into this state, or who is
13 knowingly in actual or constructive possession of, 4 grams or
14 more of any morphine, opium, oxycodone, hydrocodone,
15 hydromorphone, or any salt, derivative, isomer, or salt of an
16 isomer thereof, including heroin, as described in s.
17 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 4 grams or more
18 of any mixture containing any such substance, but less than 30
19 kilograms of such substance or mixture, commits a felony of the
20 first degree, which felony shall be known as “trafficking in
21 illegal drugs,” punishable as provided in s. 775.082, s.
22 775.083, or s. 775.084. If the quantity involved:
23 a. Is 4 grams or more, but less than 14 grams, such person
24 shall be sentenced to a mandatory minimum term of imprisonment
25 of 3 years, and the defendant shall be ordered to pay a fine of
26 $50,000.
27 b. Is 14 grams or more, but less than 28 grams, such person
28 shall be sentenced to a mandatory minimum term of imprisonment
29 of 15 years, and the defendant shall be ordered to pay a fine of
30 $100,000.
31 c. Is 28 grams or more, but less than 30 kilograms, such
32 person shall be sentenced to a mandatory minimum term of
33 imprisonment of 25 calendar years and shall be ordered to pay a
34 fine of $500,000.
35 2. A person who knowingly sells, purchases, manufactures,
36 delivers, or brings into this state, or who is knowingly in
37 actual or constructive possession of, 14 grams or more of
38 hydrocodone, or 14 grams or more of any mixture containing any
39 such substance, commits a felony of the first degree, which
40 felony shall be known as “trafficking in hydrocodone,”
41 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
42 If the quantity involved:
43 a. Is 14 grams or more, but less than 28 grams, such person
44 shall be sentenced to a mandatory minimum term of imprisonment
45 of 3 years and shall be ordered to pay a fine of $50,000.
46 b. Is 28 grams or more, but less than 50 grams, such person
47 shall be sentenced to a mandatory minimum term of imprisonment
48 of 7 years and shall be ordered to pay a fine of $100,000.
49 c. Is 50 grams or more, but less than 200 grams, such
50 person shall be sentenced to a mandatory minimum term of
51 imprisonment of 15 years and shall be ordered to pay a fine of
52 $500,000.
53 d. Is 200 grams or more, but less than 30 kilograms, such
54 person shall be sentenced to a mandatory minimum term of
55 imprisonment of 25 years and shall be ordered to pay a fine of
56 $750,000.
57 3. A person who knowingly sells, purchases, manufactures,
58 delivers, or brings into this state, or who is knowingly in
59 actual or constructive possession of, 7 grams or more of
60 oxycodone, or 7 grams or more of any mixture containing any such
61 substance, commits a felony of the first degree, which felony
62 shall be known as “trafficking in oxycodone,” punishable as
63 provided in s. 775.082, s. 775.083, or s. 775.084. If the
64 quantity involved:
65 a. Is 7 grams or more, but less than 14 grams, such person
66 shall be sentenced to a mandatory minimum term of imprisonment
67 of 3 years and shall be ordered to pay a fine of $50,000.
68 b. Is 14 grams or more, but less than 25 grams, such person
69 shall be sentenced to a mandatory minimum term of imprisonment
70 of 7 years and shall be ordered to pay a fine of $100,000.
71 c. Is 25 grams or more, but less than 100 grams, such
72 person shall be sentenced to a mandatory minimum term of
73 imprisonment of 15 years and shall be ordered to pay a fine of
74 $500,000.
75 d. Is 100 grams or more, but less than 30 kilograms, such
76 person shall be sentenced to a mandatory minimum term of
77 imprisonment of 25 years and shall be ordered to pay a fine of
78 $750,000.
79 4.2. A Any person who knowingly sells, purchases,
80 manufactures, delivers, or brings into this state, or who is
81 knowingly in actual or constructive possession of, 30 kilograms
82 or more of any morphine, opium, oxycodone, hydrocodone,
83 hydromorphone, or any salt, derivative, isomer, or salt of an
84 isomer thereof, including heroin, as described in s.
85 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or
86 more of any mixture containing any such substance, commits the
87 first degree felony of trafficking in illegal drugs. A person
88 who has been convicted of the first degree felony of trafficking
89 in illegal drugs under this subparagraph shall be punished by
90 life imprisonment and is ineligible for any form of
91 discretionary early release except pardon or executive clemency
92 or conditional medical release under s. 947.149. However, if the
93 court determines that, in addition to committing any act
94 specified in this paragraph:
95 a. The person intentionally killed an individual or
96 counseled, commanded, induced, procured, or caused the
97 intentional killing of an individual and such killing was the
98 result; or
99 b. The person’s conduct in committing that act led to a
100 natural, though not inevitable, lethal result,
101
102 such person commits the capital felony of trafficking in illegal
103 drugs, punishable as provided in ss. 775.082 and 921.142. A Any
104 person sentenced for a capital felony under this paragraph shall
105 also be sentenced to pay the maximum fine provided under
106 subparagraph 1.
107 5.3. A Any person who knowingly brings into this state 60
108 kilograms or more of any morphine, opium, oxycodone,
109 hydrocodone, hydromorphone, or any salt, derivative, isomer, or
110 salt of an isomer thereof, including heroin, as described in s.
111 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 60 kilograms or
112 more of any mixture containing any such substance, and who knows
113 that the probable result of such importation would be the death
114 of a any person, commits capital importation of illegal drugs, a
115 capital felony punishable as provided in ss. 775.082 and
116 921.142. A Any person sentenced for a capital felony under this
117 paragraph shall also be sentenced to pay the maximum fine
118 provided under subparagraph 1.
119 Section 2. Paragraphs (g) through (i) of subsection (3) of
120 section 921.0022, Florida Statutes, are amended to read:
121 921.0022 Criminal Punishment Code; offense severity ranking
122 chart.—
123 (3) OFFENSE SEVERITY RANKING CHART
124 (g) LEVEL 7
125
126 FloridaStatute FelonyDegree Description
127 316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
128 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
129 316.1935(3)(b) 1st Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
130 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
131 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
132 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
133 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
134 456.065(2) 3rd Practicing a health care profession without a license.
135 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
136 458.327(1) 3rd Practicing medicine without a license.
137 459.013(1) 3rd Practicing osteopathic medicine without a license.
138 460.411(1) 3rd Practicing chiropractic medicine without a license.
139 461.012(1) 3rd Practicing podiatric medicine without a license.
140 462.17 3rd Practicing naturopathy without a license.
141 463.015(1) 3rd Practicing optometry without a license.
142 464.016(1) 3rd Practicing nursing without a license.
143 465.015(2) 3rd Practicing pharmacy without a license.
144 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
145 467.201 3rd Practicing midwifery without a license.
146 468.366 3rd Delivering respiratory care services without a license.
147 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
148 483.901(9) 3rd Practicing medical physics without a license.
149 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
150 484.053 3rd Dispensing hearing aids without a license.
151 494.0018(2) 1st Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
152 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
153 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
154 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
155 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver driver’s license or identification card; other registration violations.
156 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
157 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
158 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
159 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
160 782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
161 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
162 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
163 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
164 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
165 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
166 784.048(7) 3rd Aggravated stalking; violation of court order.
167 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
168 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
169 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
170 784.081(1) 1st Aggravated battery on specified official or employee.
171 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
172 784.083(1) 1st Aggravated battery on code inspector.
173 787.06(3)(a) 1st Human trafficking using coercion for labor and services.
174 787.06(3)(e) 1st Human trafficking using coercion for labor and services by the transfer or transport of any individual from outside Florida to within the state.
175 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
176 790.16(1) 1st Discharge of a machine gun under specified circumstances.
177 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
178 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
179 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
180 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
181 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
182 794.08(4) 3rd Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
183 796.03 2nd Procuring any person under 16 years for prostitution.
184 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
185 800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
186 806.01(2) 2nd Maliciously damage structure by fire or explosive.
187 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
188 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
189 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
190 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
191 812.014(2)(a)1. 1st Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
192 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
193 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
194 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
195 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
196 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
197 812.131(2)(a) 2nd Robbery by sudden snatching.
198 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
199 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
200 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
201 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
202 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
203 817.2341 (2)(b) & (3)(b) 1st Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
204 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
205 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
206 825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
207 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
208 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
209 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
210 838.015 2nd Bribery.
211 838.016 2nd Unlawful compensation or reward for official behavior.
212 838.021(3)(a) 2nd Unlawful harm to a public servant.
213 838.22 2nd Bid tampering.
214 843.0855(2) 3rd Impersonation of a public officer or employee.
215 843.0855(3) 3rd Unlawful simulation of legal process.
216 843.0855(4) 3rd Intimidation of a public officer or employee.
217 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
218 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
219 872.06 2nd Abuse of a dead human body.
220 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
221 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
222 893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
223 893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
224 893.13(4)(a) 1st Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
225 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
226 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
227 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
228 893.135(1)(c)2.a. 1st Trafficking in hydrocodone, 14 grams or more, less than 28 grams.
229 893.135(1)(c)2.b. 1st Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
230 893.135(1)(c)3.a. 1st Trafficking in oxycodone, 7 grams or more, less than 14 grams.
231 893.135(1)(c)3.b. 1st Trafficking in oxycodone, 14 grams or more, less than 25 grams.
232 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
233 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
234 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
235 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
236 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
237 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
238 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
239 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
240 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
241 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
242 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
243 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
244 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
245 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
246 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
247 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
248 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
249 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
250 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
251 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
252 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
253 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
254
255 (h) LEVEL 8
256
257 FloridaStatute FelonyDegree Description
258 316.193 (3)(c)3.a. 2nd DUI manslaughter.
259 316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
260 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
261 499.0051(7) 1st Knowing trafficking in contraband prescription drugs.
262 499.0051(8) 1st Knowing forgery of prescription labels or prescription drug labels.
263 560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
264 560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
265 655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
266 777.03(2)(a) 1st Accessory after the fact, capital felony.
267 782.04(4) 2nd Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aggravated fleeing or eluding with serious bodily injury or death, aircraft piracy, or unlawfully discharging bomb.
268 782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
269 782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
270 782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
271 787.06(3)(b) 1st Human trafficking using coercion for commercial sexual activity.
272 787.06(3)(c) 1st Human trafficking using coercion for labor and services of an unauthorized alien.
273 787.06(3)(f) 1st Human trafficking using coercion for commercial sexual activity by the transfer or transport of any individual from outside Florida to within the state.
274 790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
275 794.011(5) 2nd Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
276 794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state.
277 800.04(4) 2nd Lewd or lascivious battery.
278 806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
279 810.02(2)(a) 1st,PBL Burglary with assault or battery.
280 810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
281 810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
282 812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
283 812.13(2)(b) 1st Robbery with a weapon.
284 812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
285 817.535(2)(b) 2nd Filing false lien or other unauthorized document; second or subsequent offense.
286 817.535(3)(a) 2nd Filing false lien or other unauthorized document; property owner is a public officer or employee.
287 817.535(4)(a)1. 2nd Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
288 817.535(5)(a) 2nd Filing false lien or other unauthorized document; owner of the property incurs financial loss as a result of the false instrument.
289 817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
290 825.102(2) 1st Aggravated abuse of an elderly person or disabled adult.
291 825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
292 825.103(2)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.
293 837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
294 837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
295 860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
296 860.16 1st Aircraft piracy.
297 893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
298 893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
299 893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
300 893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
301 893.135 (1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
302 893.135 (1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
303 893.135(1)(c)2.c. 1st Trafficking in hydrocodone, 50 grams or more, less than 200 grams.
304 893.135(1)(c)3.c. 1st Trafficking in oxycodone, 25 grams or more, less than 100 grams.
305 893.135 (1)(d)1.b. 1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
306 893.135 (1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
307 893.135 (1)(f)1.b. 1st Trafficking in amphetamine, more than 28 grams, less than 200 grams.
308 893.135 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
309 893.135 (1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
310 893.135 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
311 893.135 (1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
312 893.1351(3) 1st Possession of a place used to manufacture controlled substance when minor is present or resides there.
313 895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
314 895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
315 895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
316 896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
317 896.104(4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
318
319 (i) LEVEL 9
320
321 FloridaStatute FelonyDegree Description
322 316.193 (3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
323 327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
324 409.920 (2)(b)1.c. 1st Medicaid provider fraud; $50,000 or more.
325 499.0051(9) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
326 560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
327 560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
328 655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
329 775.0844 1st Aggravated white collar crime.
330 782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
331 782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, aggravated fleeing or eluding with serious bodily injury or death, and other specified felonies.
332 782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
333 782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
334 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
335 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
336 787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
337 787.02(3)(a) 1st False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
338 787.06(3)(d) 1st Human trafficking using coercion for commercial sexual activity of an unauthorized alien.
339 787.06(3)(g) 1st,PBL Human trafficking for commercial sexual activity of a child under the age of 18.
340 787.06(4) 1st Selling or buying of minors into human trafficking.
341 790.161 1st Attempted capital destructive device offense.
342 790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
343 794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
344 794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
345 794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
346 794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
347 794.08(2) 1st Female genital mutilation; victim younger than 18 years of age.
348 796.035 1st Selling or buying of minors into prostitution.
349 800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
350 812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
351 812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
352 812.135(2)(b) 1st Home-invasion robbery with weapon.
353 817.535(3)(b) 1st Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee.
354 817.535(4)(a)2. 1st Filing false claim or other unauthorized document; defendant is incarcerated or under supervision.
355 817.535(5)(b) 1st Filing false lien or other unauthorized document; second or subsequent offense; owner of the property incurs financial loss as a result of the false instrument.
356 817.568(7) 2nd,PBL Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
357 827.03(2)(a) 1st Aggravated child abuse.
358 847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
359 847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
360 859.01 1st Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
361 893.135 1st Attempted capital trafficking offense.
362 893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
363 893.135 (1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
364 893.135 (1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
365 893.135(1)(c)2.d. 1st Trafficking in hydrocodone, 200 grams or more, less than 30 kilograms.
366 893.135(1)(c)3.d. 1st Trafficking in oxycodone, 100 grams or more, less than 30 kilograms.
367 893.135 (1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
368 893.135 (1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
369 893.135 (1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
370 893.135 (1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
371 893.135 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
372 893.135 (1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
373 896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
374 896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
375
376 Section 3. For the purpose of incorporating the amendment
377 made by this act to section 893.135, Florida Statutes, in a
378 reference thereto, paragraph (a) of subsection (2) and paragraph
379 (a) of subsection (3) of section 775.087, Florida Statutes, are
380 reenacted to read:
381 775.087 Possession or use of weapon; aggravated battery;
382 felony reclassification; minimum sentence.—
383 (2)(a)1. Any person who is convicted of a felony or an
384 attempt to commit a felony, regardless of whether the use of a
385 weapon is an element of the felony, and the conviction was for:
386 a. Murder;
387 b. Sexual battery;
388 c. Robbery;
389 d. Burglary;
390 e. Arson;
391 f. Aggravated assault;
392 g. Aggravated battery;
393 h. Kidnapping;
394 i. Escape;
395 j. Aircraft piracy;
396 k. Aggravated child abuse;
397 l. Aggravated abuse of an elderly person or disabled adult;
398 m. Unlawful throwing, placing, or discharging of a
399 destructive device or bomb;
400 n. Carjacking;
401 o. Home-invasion robbery;
402 p. Aggravated stalking;
403 q. Trafficking in cannabis, trafficking in cocaine, capital
404 importation of cocaine, trafficking in illegal drugs, capital
405 importation of illegal drugs, trafficking in phencyclidine,
406 capital importation of phencyclidine, trafficking in
407 methaqualone, capital importation of methaqualone, trafficking
408 in amphetamine, capital importation of amphetamine, trafficking
409 in flunitrazepam, trafficking in gamma-hydroxybutyric acid
410 (GHB), trafficking in 1,4-Butanediol, trafficking in
411 Phenethylamines, or other violation of s. 893.135(1); or
412 r. Possession of a firearm by a felon
413
414 and during the commission of the offense, such person actually
415 possessed a “firearm” or “destructive device” as those terms are
416 defined in s. 790.001, shall be sentenced to a minimum term of
417 imprisonment of 10 years, except that a person who is convicted
418 for aggravated assault, possession of a firearm by a felon, or
419 burglary of a conveyance shall be sentenced to a minimum term of
420 imprisonment of 3 years if such person possessed a “firearm” or
421 “destructive device” during the commission of the offense.
422 However, if an offender who is convicted of the offense of
423 possession of a firearm by a felon has a previous conviction of
424 committing or attempting to commit a felony listed in s.
425 775.084(1)(b)1. and actually possessed a firearm or destructive
426 device during the commission of the prior felony, the offender
427 shall be sentenced to a minimum term of imprisonment of 10
428 years.
429 2. Any person who is convicted of a felony or an attempt to
430 commit a felony listed in sub-subparagraphs (a)1.a.-q.,
431 regardless of whether the use of a weapon is an element of the
432 felony, and during the course of the commission of the felony
433 such person discharged a “firearm” or “destructive device” as
434 defined in s. 790.001 shall be sentenced to a minimum term of
435 imprisonment of 20 years.
436 3. Any person who is convicted of a felony or an attempt to
437 commit a felony listed in sub-subparagraphs (a)1.a.-q.,
438 regardless of whether the use of a weapon is an element of the
439 felony, and during the course of the commission of the felony
440 such person discharged a “firearm” or “destructive device” as
441 defined in s. 790.001 and, as the result of the discharge, death
442 or great bodily harm was inflicted upon any person, the
443 convicted person shall be sentenced to a minimum term of
444 imprisonment of not less than 25 years and not more than a term
445 of imprisonment of life in prison.
446 (3)(a)1. Any person who is convicted of a felony or an
447 attempt to commit a felony, regardless of whether the use of a
448 firearm is an element of the felony, and the conviction was for:
449 a. Murder;
450 b. Sexual battery;
451 c. Robbery;
452 d. Burglary;
453 e. Arson;
454 f. Aggravated assault;
455 g. Aggravated battery;
456 h. Kidnapping;
457 i. Escape;
458 j. Sale, manufacture, delivery, or intent to sell,
459 manufacture, or deliver any controlled substance;
460 k. Aircraft piracy;
461 l. Aggravated child abuse;
462 m. Aggravated abuse of an elderly person or disabled adult;
463 n. Unlawful throwing, placing, or discharging of a
464 destructive device or bomb;
465 o. Carjacking;
466 p. Home-invasion robbery;
467 q. Aggravated stalking; or
468 r. Trafficking in cannabis, trafficking in cocaine, capital
469 importation of cocaine, trafficking in illegal drugs, capital
470 importation of illegal drugs, trafficking in phencyclidine,
471 capital importation of phencyclidine, trafficking in
472 methaqualone, capital importation of methaqualone, trafficking
473 in amphetamine, capital importation of amphetamine, trafficking
474 in flunitrazepam, trafficking in gamma-hydroxybutyric acid
475 (GHB), trafficking in 1,4-Butanediol, trafficking in
476 Phenethylamines, or other violation of s. 893.135(1);
477
478 and during the commission of the offense, such person possessed
479 a semiautomatic firearm and its high-capacity detachable box
480 magazine or a machine gun as defined in s. 790.001, shall be
481 sentenced to a minimum term of imprisonment of 15 years.
482 2. Any person who is convicted of a felony or an attempt to
483 commit a felony listed in subparagraph (a)1., regardless of
484 whether the use of a weapon is an element of the felony, and
485 during the course of the commission of the felony such person
486 discharged a semiautomatic firearm and its high-capacity box
487 magazine or a “machine gun” as defined in s. 790.001 shall be
488 sentenced to a minimum term of imprisonment of 20 years.
489 3. Any person who is convicted of a felony or an attempt to
490 commit a felony listed in subparagraph (a)1., regardless of
491 whether the use of a weapon is an element of the felony, and
492 during the course of the commission of the felony such person
493 discharged a semiautomatic firearm and its high-capacity box
494 magazine or a “machine gun” as defined in s. 790.001 and, as the
495 result of the discharge, death or great bodily harm was
496 inflicted upon any person, the convicted person shall be
497 sentenced to a minimum term of imprisonment of not less than 25
498 years and not more than a term of imprisonment of life in
499 prison.
500 Section 4. For the purpose of incorporating the amendment
501 made by this act to section 893.135, Florida Statutes, in a
502 reference thereto, paragraph (a) of subsection (1) and
503 subsections (3) and (4) of section 782.04, Florida Statutes, are
504 reenacted to read:
505 782.04 Murder.—
506 (1)(a) The unlawful killing of a human being:
507 1. When perpetrated from a premeditated design to effect
508 the death of the person killed or any human being;
509 2. When committed by a person engaged in the perpetration
510 of, or in the attempt to perpetrate, any:
511 a. Trafficking offense prohibited by s. 893.135(1),
512 b. Arson,
513 c. Sexual battery,
514 d. Robbery,
515 e. Burglary,
516 f. Kidnapping,
517 g. Escape,
518 h. Aggravated child abuse,
519 i. Aggravated abuse of an elderly person or disabled adult,
520 j. Aircraft piracy,
521 k. Unlawful throwing, placing, or discharging of a
522 destructive device or bomb,
523 l. Carjacking,
524 m. Home-invasion robbery,
525 n. Aggravated stalking,
526 o. Murder of another human being,
527 p. Resisting an officer with violence to his or her person,
528 q. Aggravated fleeing or eluding with serious bodily injury
529 or death,
530 r. Felony that is an act of terrorism or is in furtherance
531 of an act of terrorism; or
532 3. Which resulted from the unlawful distribution of any
533 substance controlled under s. 893.03(1), cocaine as described in
534 s. 893.03(2)(a)4., opium or any synthetic or natural salt,
535 compound, derivative, or preparation of opium, or methadone by a
536 person 18 years of age or older, when such drug is proven to be
537 the proximate cause of the death of the user,
538
539 is murder in the first degree and constitutes a capital felony,
540 punishable as provided in s. 775.082.
541 (3) When a human being is killed during the perpetration
542 of, or during the attempt to perpetrate, any:
543 (a) Trafficking offense prohibited by s. 893.135(1),
544 (b) Arson,
545 (c) Sexual battery,
546 (d) Robbery,
547 (e) Burglary,
548 (f) Kidnapping,
549 (g) Escape,
550 (h) Aggravated child abuse,
551 (i) Aggravated abuse of an elderly person or disabled
552 adult,
553 (j) Aircraft piracy,
554 (k) Unlawful throwing, placing, or discharging of a
555 destructive device or bomb,
556 (l) Carjacking,
557 (m) Home-invasion robbery,
558 (n) Aggravated stalking,
559 (o) Murder of another human being,
560 (p) Aggravated fleeing or eluding with serious bodily
561 injury or death,
562 (q) Resisting an officer with violence to his or her
563 person, or
564 (r) Felony that is an act of terrorism or is in furtherance
565 of an act of terrorism,
566
567 by a person other than the person engaged in the perpetration of
568 or in the attempt to perpetrate such felony, the person
569 perpetrating or attempting to perpetrate such felony commits
570 murder in the second degree, which constitutes a felony of the
571 first degree, punishable by imprisonment for a term of years not
572 exceeding life or as provided in s. 775.082, s. 775.083, or s.
573 775.084.
574 (4) The unlawful killing of a human being, when perpetrated
575 without any design to effect death, by a person engaged in the
576 perpetration of, or in the attempt to perpetrate, any felony
577 other than any:
578 (a) Trafficking offense prohibited by s. 893.135(1),
579 (b) Arson,
580 (c) Sexual battery,
581 (d) Robbery,
582 (e) Burglary,
583 (f) Kidnapping,
584 (g) Escape,
585 (h) Aggravated child abuse,
586 (i) Aggravated abuse of an elderly person or disabled
587 adult,
588 (j) Aircraft piracy,
589 (k) Unlawful throwing, placing, or discharging of a
590 destructive device or bomb,
591 (l) Unlawful distribution of any substance controlled under
592 s. 893.03(1), cocaine as described in s. 893.03(2)(a)4., or
593 opium or any synthetic or natural salt, compound, derivative, or
594 preparation of opium by a person 18 years of age or older, when
595 such drug is proven to be the proximate cause of the death of
596 the user,
597 (m) Carjacking,
598 (n) Home-invasion robbery,
599 (o) Aggravated stalking,
600 (p) Murder of another human being,
601 (q) Aggravated fleeing or eluding with serious bodily
602 injury or death,
603 (r) Resisting an officer with violence to his or her
604 person, or
605 (s) Felony that is an act of terrorism or is in furtherance
606 of an act of terrorism,
607
608 is murder in the third degree and constitutes a felony of the
609 second degree, punishable as provided in s. 775.082, s. 775.083,
610 or s. 775.084.
611 Section 5. This act shall take effect July 1, 2014.
612
613 ================= T I T L E A M E N D M E N T ================
614 And the title is amended as follows:
615 Delete everything before the enacting clause
616 and insert:
617 A bill to be entitled
618 An act relating to sentencing for controlled substance
619 violations; amending s. 893.135, F.S.; providing that
620 a person who knowingly sells, purchases, manufactures,
621 delivers, or brings into this state specified
622 quantities of hydrocodone or a mixture containing
623 hydrocodone or who is knowingly in actual or
624 constructive possession of specified quantities of
625 hydrocodone or a mixture containing hydrocodone
626 commits the offense of trafficking in hydrocodone;
627 providing criminal penalties; providing that a person
628 who knowingly sells, purchases, manufactures,
629 delivers, or brings into this state specified
630 quantities of oxycodone or a mixture containing
631 oxycodone or who is knowingly in actual or
632 constructive possession of specified quantities of
633 oxycodone or a mixture containing oxycodone commits
634 the offense of trafficking in oxycodone; providing
635 criminal penalties; amending s. 921.0022, F.S.;
636 ranking the offenses of trafficking in hydrocodone and
637 trafficking in oxycodone for purposes of the criminal
638 punishment code; reenacting s. 775.087(2)(a) and
639 (3)(a), F.S., relating to mandatory minimum sentences
640 for the possession or use of a weapon during the
641 commission of certain offenses, to incorporate the
642 amendments made to s. 893.135, F.S., in a reference
643 thereto; reenacting s. 782.04(1)(a), (3), and (4),
644 F.S., relating to the classification of a murder
645 committed during the commission of certain offenses,
646 to incorporate the amendments made to s. 893.135,
647 F.S., in a reference thereto; providing an effective
648 date.