Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 602
       
       
       
       
       
       
                                Ì600702jÎ600702                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  12/04/2017           .                                
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       The Committee on Criminal Justice (Bracy) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraphs (a), (b), and (d) through (n) of
    6  subsection (1) of section 893.135, Florida Statutes, are amended
    7  and subsection (8) is added to that section, to read:
    8         893.135 Trafficking; mandatory sentences; suspension or
    9  reduction of sentences; conspiracy to engage in trafficking.—
   10         (1) Except as authorized in this chapter or in chapter 499
   11  and notwithstanding the provisions of s. 893.13:
   12         (a) Any person who knowingly sells, purchases,
   13  manufactures, delivers, or brings into this state, or who is
   14  knowingly in actual or constructive possession of, in excess of
   15  25 pounds of cannabis, or 300 or more cannabis plants, commits a
   16  felony of the first degree, which felony shall be known as
   17  “trafficking in cannabis,” punishable as provided in s. 775.082,
   18  s. 775.083, or s. 775.084. If the quantity of cannabis involved:
   19         1. Is in excess of 25 pounds, but less than 2,000 pounds,
   20  or is 300 or more cannabis plants, but not more than 2,000
   21  cannabis plants, such person shall be sentenced to a mandatory
   22  minimum term of imprisonment of 3 years, and the defendant shall
   23  be ordered to pay a fine of $25,000. However, the court may
   24  depart from the mandatory minimum term of imprisonment if it
   25  makes written findings as provided in subsection (8).
   26         2. Is 2,000 pounds or more, but less than 10,000 pounds, or
   27  is 2,000 or more cannabis plants, but not more than 10,000
   28  cannabis plants, such person shall be sentenced to a mandatory
   29  minimum term of imprisonment of 7 years, and the defendant shall
   30  be ordered to pay a fine of $50,000.
   31         3. Is 10,000 pounds or more, or is 10,000 or more cannabis
   32  plants, such person shall be sentenced to a mandatory minimum
   33  term of imprisonment of 15 calendar years and pay a fine of
   34  $200,000.
   35  
   36  For the purpose of this paragraph, a plant, including, but not
   37  limited to, a seedling or cutting, is a “cannabis plant” if it
   38  has some readily observable evidence of root formation, such as
   39  root hairs. To determine if a piece or part of a cannabis plant
   40  severed from the cannabis plant is itself a cannabis plant, the
   41  severed piece or part must have some readily observable evidence
   42  of root formation, such as root hairs. Callous tissue is not
   43  readily observable evidence of root formation. The viability and
   44  sex of a plant and the fact that the plant may or may not be a
   45  dead harvested plant are not relevant in determining if the
   46  plant is a “cannabis plant” or in the charging of an offense
   47  under this paragraph. Upon conviction, the court shall impose
   48  the longest term of imprisonment provided for in this paragraph.
   49         (b)1. Any person who knowingly sells, purchases,
   50  manufactures, delivers, or brings into this state, or who is
   51  knowingly in actual or constructive possession of, 28 grams or
   52  more of cocaine, as described in s. 893.03(2)(a)4., or of any
   53  mixture containing cocaine, but less than 150 kilograms of
   54  cocaine or any such mixture, commits a felony of the first
   55  degree, which felony shall be known as “trafficking in cocaine,”
   56  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   57  If the quantity involved:
   58         a. Is 28 grams or more, but less than 200 grams, such
   59  person shall be sentenced to a mandatory minimum term of
   60  imprisonment of 3 years, and the defendant shall be ordered to
   61  pay a fine of $50,000. However, the court may depart from the
   62  mandatory minimum term of imprisonment if it makes written
   63  findings as provided in subsection (8).
   64         b. Is 200 grams or more, but less than 400 grams, such
   65  person shall be sentenced to a mandatory minimum term of
   66  imprisonment of 7 years, and the defendant shall be ordered to
   67  pay a fine of $100,000.
   68         c. Is 400 grams or more, but less than 150 kilograms, such
   69  person shall be sentenced to a mandatory minimum term of
   70  imprisonment of 15 calendar years and pay a fine of $250,000.
   71         2. Any person who knowingly sells, purchases, manufactures,
   72  delivers, or brings into this state, or who is knowingly in
   73  actual or constructive possession of, 150 kilograms or more of
   74  cocaine, as described in s. 893.03(2)(a)4., commits the first
   75  degree felony of trafficking in cocaine. A person who has been
   76  convicted of the first degree felony of trafficking in cocaine
   77  under this subparagraph shall be punished by life imprisonment
   78  and is ineligible for any form of discretionary early release
   79  except pardon or executive clemency or conditional medical
   80  release under s. 947.149. However, if the court determines that,
   81  in addition to committing any act specified in this paragraph:
   82         a. The person intentionally killed an individual or
   83  counseled, commanded, induced, procured, or caused the
   84  intentional killing of an individual and such killing was the
   85  result; or
   86         b. The person’s conduct in committing that act led to a
   87  natural, though not inevitable, lethal result,
   88  
   89  such person commits the capital felony of trafficking in
   90  cocaine, punishable as provided in ss. 775.082 and 921.142. Any
   91  person sentenced for a capital felony under this paragraph shall
   92  also be sentenced to pay the maximum fine provided under
   93  subparagraph 1.
   94         3. Any person who knowingly brings into this state 300
   95  kilograms or more of cocaine, as described in s. 893.03(2)(a)4.,
   96  and who knows that the probable result of such importation would
   97  be the death of any person, commits capital importation of
   98  cocaine, a capital felony punishable as provided in ss. 775.082
   99  and 921.142. Any person sentenced for a capital felony under
  100  this paragraph shall also be sentenced to pay the maximum fine
  101  provided under subparagraph 1.
  102         (d)1. Any person who knowingly sells, purchases,
  103  manufactures, delivers, or brings into this state, or who is
  104  knowingly in actual or constructive possession of, 28 grams or
  105  more of phencyclidine, as described in s. 893.03(2)(b)23., a
  106  substituted phenylcyclohexylamine, as described in s.
  107  893.03(1)(c)195., or a substance described in s.
  108  893.03(1)(c)13., 32., 38., 103., or 146., or of any mixture
  109  containing phencyclidine, as described in s. 893.03(2)(b)23., a
  110  substituted phenylcyclohexylamine, as described in s.
  111  893.03(1)(c)195., or a substance described in s.
  112  893.03(1)(c)13., 32., 38., 103., or 146., commits a felony of
  113  the first degree, which felony shall be known as “trafficking in
  114  phencyclidine,” punishable as provided in s. 775.082, s.
  115  775.083, or s. 775.084. If the quantity involved:
  116         a. Is 28 grams or more, but less than 200 grams, such
  117  person shall be sentenced to a mandatory minimum term of
  118  imprisonment of 3 years, and the defendant shall be ordered to
  119  pay a fine of $50,000. However, the court may depart from the
  120  mandatory minimum term of imprisonment if it makes written
  121  findings as provided in subsection (8).
  122         b. Is 200 grams or more, but less than 400 grams, such
  123  person shall be sentenced to a mandatory minimum term of
  124  imprisonment of 7 years, and the defendant shall be ordered to
  125  pay a fine of $100,000.
  126         c. Is 400 grams or more, such person shall be sentenced to
  127  a mandatory minimum term of imprisonment of 15 calendar years
  128  and pay a fine of $250,000.
  129         2. Any person who knowingly brings into this state 800
  130  grams or more of phencyclidine, as described in s.
  131  893.03(2)(b)23., a substituted phenylcyclohexylamine, as
  132  described in s. 893.03(1)(c)195., or a substance described in s.
  133  893.03(1)(c)13., 32., 38., 103., or 146., or of any mixture
  134  containing phencyclidine, as described in s. 893.03(2)(b)23., a
  135  substituted phenylcyclohexylamine, as described in s.
  136  893.03(1)(c)195., or a substance described in s.
  137  893.03(1)(c)13., 32., 38., 103., or 146., and who knows that the
  138  probable result of such importation would be the death of any
  139  person commits capital importation of phencyclidine, a capital
  140  felony punishable as provided in ss. 775.082 and 921.142. Any
  141  person sentenced for a capital felony under this paragraph shall
  142  also be sentenced to pay the maximum fine provided under
  143  subparagraph 1.
  144         (e)1. Any person who knowingly sells, purchases,
  145  manufactures, delivers, or brings into this state, or who is
  146  knowingly in actual or constructive possession of, 200 grams or
  147  more of methaqualone or of any mixture containing methaqualone,
  148  as described in s. 893.03(1)(d), commits a felony of the first
  149  degree, which felony shall be known as “trafficking in
  150  methaqualone,” punishable as provided in s. 775.082, s. 775.083,
  151  or s. 775.084. If the quantity involved:
  152         a. Is 200 grams or more, but less than 5 kilograms, such
  153  person shall be sentenced to a mandatory minimum term of
  154  imprisonment of 3 years, and the defendant shall be ordered to
  155  pay a fine of $50,000. However, the court may depart from the
  156  mandatory minimum term of imprisonment if it makes written
  157  findings as provided in subsection (8).
  158         b. Is 5 kilograms or more, but less than 25 kilograms, such
  159  person shall be sentenced to a mandatory minimum term of
  160  imprisonment of 7 years, and the defendant shall be ordered to
  161  pay a fine of $100,000.
  162         c. Is 25 kilograms or more, such person shall be sentenced
  163  to a mandatory minimum term of imprisonment of 15 calendar years
  164  and pay a fine of $250,000.
  165         2. Any person who knowingly brings into this state 50
  166  kilograms or more of methaqualone or of any mixture containing
  167  methaqualone, as described in s. 893.03(1)(d), and who knows
  168  that the probable result of such importation would be the death
  169  of any person commits capital importation of methaqualone, a
  170  capital felony punishable as provided in ss. 775.082 and
  171  921.142. Any person sentenced for a capital felony under this
  172  paragraph shall also be sentenced to pay the maximum fine
  173  provided under subparagraph 1.
  174         (f)1. Any person who knowingly sells, purchases,
  175  manufactures, delivers, or brings into this state, or who is
  176  knowingly in actual or constructive possession of, 14 grams or
  177  more of amphetamine, as described in s. 893.03(2)(c)2., or
  178  methamphetamine, as described in s. 893.03(2)(c)4., or of any
  179  mixture containing amphetamine or methamphetamine, or
  180  phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine
  181  in conjunction with other chemicals and equipment utilized in
  182  the manufacture of amphetamine or methamphetamine, commits a
  183  felony of the first degree, which felony shall be known as
  184  “trafficking in amphetamine,” punishable as provided in s.
  185  775.082, s. 775.083, or s. 775.084. If the quantity involved:
  186         a. Is 14 grams or more, but less than 28 grams, such person
  187  shall be sentenced to a mandatory minimum term of imprisonment
  188  of 3 years, and the defendant shall be ordered to pay a fine of
  189  $50,000. However, the court may depart from the mandatory
  190  minimum term of imprisonment if it makes written findings as
  191  provided in subsection (8).
  192         b. Is 28 grams or more, but less than 200 grams, such
  193  person shall be sentenced to a mandatory minimum term of
  194  imprisonment of 7 years, and the defendant shall be ordered to
  195  pay a fine of $100,000.
  196         c. Is 200 grams or more, such person shall be sentenced to
  197  a mandatory minimum term of imprisonment of 15 calendar years
  198  and pay a fine of $250,000.
  199         2. Any person who knowingly manufactures or brings into
  200  this state 400 grams or more of amphetamine, as described in s.
  201  893.03(2)(c)2., or methamphetamine, as described in s.
  202  893.03(2)(c)4., or of any mixture containing amphetamine or
  203  methamphetamine, or phenylacetone, phenylacetic acid,
  204  pseudoephedrine, or ephedrine in conjunction with other
  205  chemicals and equipment used in the manufacture of amphetamine
  206  or methamphetamine, and who knows that the probable result of
  207  such manufacture or importation would be the death of any person
  208  commits capital manufacture or importation of amphetamine, a
  209  capital felony punishable as provided in ss. 775.082 and
  210  921.142. Any person sentenced for a capital felony under this
  211  paragraph shall also be sentenced to pay the maximum fine
  212  provided under subparagraph 1.
  213         (g)1. Any person who knowingly sells, purchases,
  214  manufactures, delivers, or brings into this state, or who is
  215  knowingly in actual or constructive possession of, 4 grams or
  216  more of flunitrazepam or any mixture containing flunitrazepam as
  217  described in s. 893.03(1)(a) commits a felony of the first
  218  degree, which felony shall be known as “trafficking in
  219  flunitrazepam,” punishable as provided in s. 775.082, s.
  220  775.083, or s. 775.084. If the quantity involved:
  221         a. Is 4 grams or more but less than 14 grams, such person
  222  shall be sentenced to a mandatory minimum term of imprisonment
  223  of 3 years, and the defendant shall be ordered to pay a fine of
  224  $50,000. However, the court may depart from the mandatory
  225  minimum term of imprisonment if it makes written findings as
  226  provided in subsection (8).
  227         b. Is 14 grams or more but less than 28 grams, such person
  228  shall be sentenced to a mandatory minimum term of imprisonment
  229  of 7 years, and the defendant shall be ordered to pay a fine of
  230  $100,000.
  231         c. Is 28 grams or more but less than 30 kilograms, such
  232  person shall be sentenced to a mandatory minimum term of
  233  imprisonment of 25 calendar years and pay a fine of $500,000.
  234         2. Any person who knowingly sells, purchases, manufactures,
  235  delivers, or brings into this state or who is knowingly in
  236  actual or constructive possession of 30 kilograms or more of
  237  flunitrazepam or any mixture containing flunitrazepam as
  238  described in s. 893.03(1)(a) commits the first degree felony of
  239  trafficking in flunitrazepam. A person who has been convicted of
  240  the first degree felony of trafficking in flunitrazepam under
  241  this subparagraph shall be punished by life imprisonment and is
  242  ineligible for any form of discretionary early release except
  243  pardon or executive clemency or conditional medical release
  244  under s. 947.149. However, if the court determines that, in
  245  addition to committing any act specified in this paragraph:
  246         a. The person intentionally killed an individual or
  247  counseled, commanded, induced, procured, or caused the
  248  intentional killing of an individual and such killing was the
  249  result; or
  250         b. The person’s conduct in committing that act led to a
  251  natural, though not inevitable, lethal result,
  252  
  253  such person commits the capital felony of trafficking in
  254  flunitrazepam, punishable as provided in ss. 775.082 and
  255  921.142. Any person sentenced for a capital felony under this
  256  paragraph shall also be sentenced to pay the maximum fine
  257  provided under subparagraph 1.
  258         (h)1. Any person who knowingly sells, purchases,
  259  manufactures, delivers, or brings into this state, or who is
  260  knowingly in actual or constructive possession of, 1 kilogram or
  261  more of gamma-hydroxybutyric acid (GHB), as described in s.
  262  893.03(1)(d), or any mixture containing gamma-hydroxybutyric
  263  acid (GHB), commits a felony of the first degree, which felony
  264  shall be known as “trafficking in gamma-hydroxybutyric acid
  265  (GHB),” punishable as provided in s. 775.082, s. 775.083, or s.
  266  775.084. If the quantity involved:
  267         a. Is 1 kilogram or more but less than 5 kilograms, such
  268  person shall be sentenced to a mandatory minimum term of
  269  imprisonment of 3 years, and the defendant shall be ordered to
  270  pay a fine of $50,000. However, the court may depart from the
  271  mandatory minimum term of imprisonment if it makes written
  272  findings as provided in subsection (8).
  273         b. Is 5 kilograms or more but less than 10 kilograms, such
  274  person shall be sentenced to a mandatory minimum term of
  275  imprisonment of 7 years, and the defendant shall be ordered to
  276  pay a fine of $100,000.
  277         c. Is 10 kilograms or more, such person shall be sentenced
  278  to a mandatory minimum term of imprisonment of 15 calendar years
  279  and pay a fine of $250,000.
  280         2. Any person who knowingly manufactures or brings into
  281  this state 150 kilograms or more of gamma-hydroxybutyric acid
  282  (GHB), as described in s. 893.03(1)(d), or any mixture
  283  containing gamma-hydroxybutyric acid (GHB), and who knows that
  284  the probable result of such manufacture or importation would be
  285  the death of any person commits capital manufacture or
  286  importation of gamma-hydroxybutyric acid (GHB), a capital felony
  287  punishable as provided in ss. 775.082 and 921.142. Any person
  288  sentenced for a capital felony under this paragraph shall also
  289  be sentenced to pay the maximum fine provided under subparagraph
  290  1.
  291         (i)1. Any person who knowingly sells, purchases,
  292  manufactures, delivers, or brings into this state, or who is
  293  knowingly in actual or constructive possession of, 1 kilogram or
  294  more of gamma-butyrolactone (GBL), as described in s.
  295  893.03(1)(d), or any mixture containing gamma-butyrolactone
  296  (GBL), commits a felony of the first degree, which felony shall
  297  be known as “trafficking in gamma-butyrolactone (GBL),”
  298  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  299  If the quantity involved:
  300         a. Is 1 kilogram or more but less than 5 kilograms, such
  301  person shall be sentenced to a mandatory minimum term of
  302  imprisonment of 3 years, and the defendant shall be ordered to
  303  pay a fine of $50,000. However, the court may depart from the
  304  mandatory minimum term of imprisonment if it makes written
  305  findings as provided in subsection (8).
  306         b. Is 5 kilograms or more but less than 10 kilograms, such
  307  person shall be sentenced to a mandatory minimum term of
  308  imprisonment of 7 years, and the defendant shall be ordered to
  309  pay a fine of $100,000.
  310         c. Is 10 kilograms or more, such person shall be sentenced
  311  to a mandatory minimum term of imprisonment of 15 calendar years
  312  and pay a fine of $250,000.
  313         2. Any person who knowingly manufactures or brings into the
  314  state 150 kilograms or more of gamma-butyrolactone (GBL), as
  315  described in s. 893.03(1)(d), or any mixture containing gamma
  316  butyrolactone (GBL), and who knows that the probable result of
  317  such manufacture or importation would be the death of any person
  318  commits capital manufacture or importation of gamma
  319  butyrolactone (GBL), a capital felony punishable as provided in
  320  ss. 775.082 and 921.142. Any person sentenced for a capital
  321  felony under this paragraph shall also be sentenced to pay the
  322  maximum fine provided under subparagraph 1.
  323         (j)1. Any person who knowingly sells, purchases,
  324  manufactures, delivers, or brings into this state, or who is
  325  knowingly in actual or constructive possession of, 1 kilogram or
  326  more of 1,4-Butanediol as described in s. 893.03(1)(d), or of
  327  any mixture containing 1,4-Butanediol, commits a felony of the
  328  first degree, which felony shall be known as “trafficking in
  329  1,4-Butanediol,” punishable as provided in s. 775.082, s.
  330  775.083, or s. 775.084. If the quantity involved:
  331         a. Is 1 kilogram or more, but less than 5 kilograms, such
  332  person shall be sentenced to a mandatory minimum term of
  333  imprisonment of 3 years, and the defendant shall be ordered to
  334  pay a fine of $50,000. However, the court may depart from the
  335  mandatory minimum term of imprisonment if it makes written
  336  findings as provided in subsection (8).
  337         b. Is 5 kilograms or more, but less than 10 kilograms, such
  338  person shall be sentenced to a mandatory minimum term of
  339  imprisonment of 7 years, and the defendant shall be ordered to
  340  pay a fine of $100,000.
  341         c. Is 10 kilograms or more, such person shall be sentenced
  342  to a mandatory minimum term of imprisonment of 15 calendar years
  343  and pay a fine of $500,000.
  344         2. Any person who knowingly manufactures or brings into
  345  this state 150 kilograms or more of 1,4-Butanediol as described
  346  in s. 893.03(1)(d), or any mixture containing 1,4-Butanediol,
  347  and who knows that the probable result of such manufacture or
  348  importation would be the death of any person commits capital
  349  manufacture or importation of 1,4-Butanediol, a capital felony
  350  punishable as provided in ss. 775.082 and 921.142. Any person
  351  sentenced for a capital felony under this paragraph shall also
  352  be sentenced to pay the maximum fine provided under subparagraph
  353  1.
  354         (k)1. A person who knowingly sells, purchases,
  355  manufactures, delivers, or brings into this state, or who is
  356  knowingly in actual or constructive possession of, 10 grams or
  357  more of a:
  358         a. Substance described in s. 893.03(1)(c)4., 5., 10., 11.,
  359  15., 17., 21.-27., 29., 39., 40.-45., 58., 72.-80., 81.-86.,
  360  90.-102., 104.-108., 110.-113., 143.-145., 148.-150., 160.-163.,
  361  165., or 187.-189., a substituted cathinone, as described in s.
  362  893.03(1)(c)191., or substituted phenethylamine, as described in
  363  s. 893.03(1)(c)192.;
  364         b. Mixture containing any substance described in sub
  365  subparagraph a.; or
  366         c. Salt, isomer, ester, or ether or salt of an isomer,
  367  ester, or ether of a substance described in sub-subparagraph a.,
  368  
  369  commits a felony of the first degree, which felony shall be
  370  known as “trafficking in phenethylamines,” punishable as
  371  provided in s. 775.082, s. 775.083, or s. 775.084.
  372         2. If the quantity involved under subparagraph 1.:
  373         a. Is 10 grams or more, but less than 200 grams, such
  374  person shall be sentenced to a mandatory minimum term of
  375  imprisonment of 3 years and shall be ordered to pay a fine of
  376  $50,000. However, the court may depart from the mandatory
  377  minimum term of imprisonment if it makes written findings as
  378  provided in subsection (8).
  379         b. Is 200 grams or more, but less than 400 grams, such
  380  person shall be sentenced to a mandatory minimum term of
  381  imprisonment of 7 years and shall be ordered to pay a fine of
  382  $100,000.
  383         c. Is 400 grams or more, such person shall be sentenced to
  384  a mandatory minimum term of imprisonment of 15 years and shall
  385  be ordered to pay a fine of $250,000.
  386         3. A person who knowingly manufactures or brings into this
  387  state 30 kilograms or more of a substance described in sub
  388  subparagraph 1.a., a mixture described in sub-subparagraph 1.b.,
  389  or a salt, isomer, ester, or ether or a salt of an isomer,
  390  ester, or ether described in sub-subparagraph 1.c., and who
  391  knows that the probable result of such manufacture or
  392  importation would be the death of any person commits capital
  393  manufacture or importation of phenethylamines, a capital felony
  394  punishable as provided in ss. 775.082 and 921.142. A person
  395  sentenced for a capital felony under this paragraph shall also
  396  be sentenced to pay the maximum fine under subparagraph 2.
  397         (l)1. Any person who knowingly sells, purchases,
  398  manufactures, delivers, or brings into this state, or who is
  399  knowingly in actual or constructive possession of, 1 gram or
  400  more of lysergic acid diethylamide (LSD) as described in s.
  401  893.03(1)(c), or of any mixture containing lysergic acid
  402  diethylamide (LSD), commits a felony of the first degree, which
  403  felony shall be known as “trafficking in lysergic acid
  404  diethylamide (LSD),” punishable as provided in s. 775.082, s.
  405  775.083, or s. 775.084. If the quantity involved:
  406         a. Is 1 gram or more, but less than 5 grams, such person
  407  shall be sentenced to a mandatory minimum term of imprisonment
  408  of 3 years, and the defendant shall be ordered to pay a fine of
  409  $50,000. However, the court may depart from the mandatory
  410  minimum term of imprisonment if it makes written findings as
  411  provided in subsection (8).
  412         b. Is 5 grams or more, but less than 7 grams, such person
  413  shall be sentenced to a mandatory minimum term of imprisonment
  414  of 7 years, and the defendant shall be ordered to pay a fine of
  415  $100,000.
  416         c. Is 7 grams or more, such person shall be sentenced to a
  417  mandatory minimum term of imprisonment of 15 calendar years and
  418  pay a fine of $500,000.
  419         2. Any person who knowingly manufactures or brings into
  420  this state 7 grams or more of lysergic acid diethylamide (LSD)
  421  as described in s. 893.03(1)(c), or any mixture containing
  422  lysergic acid diethylamide (LSD), and who knows that the
  423  probable result of such manufacture or importation would be the
  424  death of any person commits capital manufacture or importation
  425  of lysergic acid diethylamide (LSD), a capital felony punishable
  426  as provided in ss. 775.082 and 921.142. Any person sentenced for
  427  a capital felony under this paragraph shall also be sentenced to
  428  pay the maximum fine provided under subparagraph 1.
  429         (m)1. A person who knowingly sells, purchases,
  430  manufactures, delivers, or brings into this state, or who is
  431  knowingly in actual or constructive possession of, 280 grams or
  432  more of a:
  433         a. Substance described in s. 893.03(1)(c)30., 46.-50.,
  434  114.-142., 151.-156., 166.-173., or 176.-186. or a synthetic
  435  cannabinoid, as described in s. 893.03(1)(c)190.; or
  436         b. Mixture containing any substance described in sub
  437  subparagraph a.,
  438  
  439  commits a felony of the first degree, which felony shall be
  440  known as “trafficking in synthetic cannabinoids,” punishable as
  441  provided in s. 775.082, s. 775.083, or s. 775.084.
  442         2. If the quantity involved under subparagraph 1.:
  443         a. Is 280 grams or more, but less than 500 grams, such
  444  person shall be sentenced to a mandatory minimum term of
  445  imprisonment of 3 years, and the defendant shall be ordered to
  446  pay a fine of $50,000. However, the court may depart from the
  447  mandatory minimum term of imprisonment if it makes written
  448  findings as provided in subsection (8).
  449         b. Is 500 grams or more, but less than 1,000 grams, such
  450  person shall be sentenced to a mandatory minimum term of
  451  imprisonment of 7 years, and the defendant shall be ordered to
  452  pay a fine of $100,000.
  453         c. Is 1,000 grams or more, but less than 30 kilograms, such
  454  person shall be sentenced to a mandatory minimum term of
  455  imprisonment of 15 years, and the defendant shall be ordered to
  456  pay a fine of $200,000.
  457         d. Is 30 kilograms or more, such person shall be sentenced
  458  to a mandatory minimum term of imprisonment of 25 years, and the
  459  defendant shall be ordered to pay a fine of $750,000.
  460         (n)1. A person who knowingly sells, purchases,
  461  manufactures, delivers, or brings into this state, or who is
  462  knowingly in actual or constructive possession of, 14 grams or
  463  more of:
  464         a. A substance described in s. 893.03(1)(c)164., 174., or
  465  175., a n-benzyl phenethylamine compound, as described in s.
  466  893.03(1)(c)193.; or
  467         b. A mixture containing any substance described in sub
  468  subparagraph a.,
  469  
  470  commits a felony of the first degree, which felony shall be
  471  known as “trafficking in n-benzyl phenethylamines,” punishable
  472  as provided in s. 775.082, s. 775.083, or s. 775.084.
  473         2. If the quantity involved under subparagraph 1.:
  474         a. Is 14 grams or more, but less than 100 grams, such
  475  person shall be sentenced to a mandatory minimum term of
  476  imprisonment of 3 years, and the defendant shall be ordered to
  477  pay a fine of $50,000. However, the court may depart from the
  478  mandatory minimum term of imprisonment if it makes written
  479  findings as provided in subsection (8).
  480         b. Is 100 grams or more, but less than 200 grams, such
  481  person shall be sentenced to a mandatory minimum term of
  482  imprisonment of 7 years, and the defendant shall be ordered to
  483  pay a fine of $100,000.
  484         c. Is 200 grams or more, such person shall be sentenced to
  485  a mandatory minimum term of imprisonment of 15 years, and the
  486  defendant shall be ordered to pay a fine of $500,000.
  487         3. A person who knowingly manufactures or brings into this
  488  state 400 grams or more of a substance described in sub
  489  subparagraph 1.a. or a mixture described in sub-subparagraph
  490  1.b., and who knows that the probable result of such manufacture
  491  or importation would be the death of any person commits capital
  492  manufacture or importation of a n-benzyl phenethylamine
  493  compound, a capital felony punishable as provided in ss. 775.082
  494  and 921.142. A person sentenced for a capital felony under this
  495  paragraph shall also be sentenced to pay the maximum fine under
  496  subparagraph 2.
  497         (8) The court may depart from the mandatory minimum term of
  498  imprisonment for a violation of this section if the departure is
  499  specifically authorized by this section and the court makes the
  500  following written findings:
  501         (a) The offense only involved possession.
  502         (b) The offender did not use or threaten violence or use a
  503  weapon during the commission of the offense.
  504         (c) The offense did not result in a death or serious bodily
  505  injury of a person not a party to the offense.
  506         (d) A factor, consideration, or circumstance clearly
  507  demonstrates that imposing the mandatory minimum term of
  508  imprisonment would constitute or result in an injustice.
  509         Section 2. This act shall take effect July 1, 2018.
  510  
  511  ================= T I T L E  A M E N D M E N T ================
  512  And the title is amended as follows:
  513         Delete everything before the enacting clause
  514  and insert:
  515                        A bill to be entitled                      
  516         An act relating to mandatory minimum sentences;
  517         amending s. 893.135, F.S.; authorizing a court to
  518         depart from certain mandatory minimum terms of
  519         imprisonment for drug trafficking if it makes
  520         specified findings; providing an effective date.
  521