Florida Senate - 2018 SB 602
By Senator Bracy
11-00693-18 2018602__
1 A bill to be entitled
2 An act relating to mandatory minimum sentences;
3 amending s. 893.135, F.S.; authorizing a court to
4 depart from certain mandatory minimum terms of
5 imprisonment for drug trafficking if it makes
6 specified findings; providing an effective date.
7
8 Be It Enacted by the Legislature of the State of Florida:
9
10 Section 1. Paragraphs (a), (b), and (d) through (n) of
11 subsection (1) of section 893.135, Florida Statutes, are amended
12 to read:
13 893.135 Trafficking; mandatory sentences; suspension or
14 reduction of sentences; conspiracy to engage in trafficking.—
15 (1) Except as authorized in this chapter or in chapter 499
16 and notwithstanding the provisions of s. 893.13:
17 (a) 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, in excess of
20 25 pounds of cannabis, or 300 or more cannabis plants, commits a
21 felony of the first degree, which felony shall be known as
22 “trafficking in cannabis,” punishable as provided in s. 775.082,
23 s. 775.083, or s. 775.084. If the quantity of cannabis involved:
24 1. Is in excess of 25 pounds, but less than 2,000 pounds,
25 or is 300 or more cannabis plants, but not more than 2,000
26 cannabis plants, such person shall be sentenced to a mandatory
27 minimum term of imprisonment of 3 years, and the defendant shall
28 be ordered to pay a fine of $25,000. However, the court may
29 depart from the mandatory minimum term of imprisonment if it
30 makes written findings that the violation only involved
31 possession and that a factor, consideration, or circumstance
32 clearly demonstrates that imposing the mandatory minimum term of
33 imprisonment would constitute or result in an injustice.
34 2. Is 2,000 pounds or more, but less than 10,000 pounds, or
35 is 2,000 or more cannabis plants, but not more than 10,000
36 cannabis plants, such person shall be sentenced to a mandatory
37 minimum term of imprisonment of 7 years, and the defendant shall
38 be ordered to pay a fine of $50,000.
39 3. Is 10,000 pounds or more, or is 10,000 or more cannabis
40 plants, such person shall be sentenced to a mandatory minimum
41 term of imprisonment of 15 calendar years and pay a fine of
42 $200,000.
43
44 For the purpose of this paragraph, a plant, including, but not
45 limited to, a seedling or cutting, is a “cannabis plant” if it
46 has some readily observable evidence of root formation, such as
47 root hairs. To determine if a piece or part of a cannabis plant
48 severed from the cannabis plant is itself a cannabis plant, the
49 severed piece or part must have some readily observable evidence
50 of root formation, such as root hairs. Callous tissue is not
51 readily observable evidence of root formation. The viability and
52 sex of a plant and the fact that the plant may or may not be a
53 dead harvested plant are not relevant in determining if the
54 plant is a “cannabis plant” or in the charging of an offense
55 under this paragraph. Upon conviction, the court shall impose
56 the longest term of imprisonment provided for in this paragraph.
57 (b)1. Any person who knowingly sells, purchases,
58 manufactures, delivers, or brings into this state, or who is
59 knowingly in actual or constructive possession of, 28 grams or
60 more of cocaine, as described in s. 893.03(2)(a)4., or of any
61 mixture containing cocaine, but less than 150 kilograms of
62 cocaine or any such mixture, commits a felony of the first
63 degree, which felony shall be known as “trafficking in cocaine,”
64 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
65 If the quantity involved:
66 a. Is 28 grams or more, but less than 200 grams, such
67 person shall be sentenced to a mandatory minimum term of
68 imprisonment of 3 years, and the defendant shall be ordered to
69 pay a fine of $50,000. However, the court may depart from the
70 mandatory minimum term of imprisonment if it makes written
71 findings that the violation only involved possession and that a
72 factor, consideration, or circumstance clearly demonstrates that
73 imposing the mandatory minimum term of imprisonment would
74 constitute or result in an injustice.
75 b. Is 200 grams or more, but less than 400 grams, such
76 person shall be sentenced to a mandatory minimum term of
77 imprisonment of 7 years, and the defendant shall be ordered to
78 pay a fine of $100,000.
79 c. Is 400 grams or more, but less than 150 kilograms, such
80 person shall be sentenced to a mandatory minimum term of
81 imprisonment of 15 calendar years and pay a fine of $250,000.
82 2. Any person who knowingly sells, purchases, manufactures,
83 delivers, or brings into this state, or who is knowingly in
84 actual or constructive possession of, 150 kilograms or more of
85 cocaine, as described in s. 893.03(2)(a)4., commits the first
86 degree felony of trafficking in cocaine. A person who has been
87 convicted of the first degree felony of trafficking in cocaine
88 under this subparagraph shall be punished by life imprisonment
89 and is ineligible for any form of discretionary early release
90 except pardon or executive clemency or conditional medical
91 release under s. 947.149. However, if the court determines that,
92 in addition to committing any act specified in this paragraph:
93 a. The person intentionally killed an individual or
94 counseled, commanded, induced, procured, or caused the
95 intentional killing of an individual and such killing was the
96 result; or
97 b. The person’s conduct in committing that act led to a
98 natural, though not inevitable, lethal result,
99
100 such person commits the capital felony of trafficking in
101 cocaine, punishable as provided in ss. 775.082 and 921.142. Any
102 person sentenced for a capital felony under this paragraph shall
103 also be sentenced to pay the maximum fine provided under
104 subparagraph 1.
105 3. Any person who knowingly brings into this state 300
106 kilograms or more of cocaine, as described in s. 893.03(2)(a)4.,
107 and who knows that the probable result of such importation would
108 be the death of any person, commits capital importation of
109 cocaine, a capital felony punishable as provided in ss. 775.082
110 and 921.142. Any person sentenced for a capital felony under
111 this paragraph shall also be sentenced to pay the maximum fine
112 provided under subparagraph 1.
113 (d)1. Any person who knowingly sells, purchases,
114 manufactures, delivers, or brings into this state, or who is
115 knowingly in actual or constructive possession of, 28 grams or
116 more of phencyclidine, as described in s. 893.03(2)(b)23., a
117 substituted phenylcyclohexylamine, as described in s.
118 893.03(1)(c)195., or a substance described in s.
119 893.03(1)(c)13., 32., 38., 103., or 146., or of any mixture
120 containing phencyclidine, as described in s. 893.03(2)(b)23., a
121 substituted phenylcyclohexylamine, as described in s.
122 893.03(1)(c)195., or a substance described in s.
123 893.03(1)(c)13., 32., 38., 103., or 146., commits a felony of
124 the first degree, which felony shall be known as “trafficking in
125 phencyclidine,” punishable as provided in s. 775.082, s.
126 775.083, or s. 775.084. If the quantity involved:
127 a. Is 28 grams or more, but less than 200 grams, such
128 person shall be sentenced to a mandatory minimum term of
129 imprisonment of 3 years, and the defendant shall be ordered to
130 pay a fine of $50,000. However, the court may depart from the
131 mandatory minimum term of imprisonment if it makes written
132 findings that the violation only involved possession and that a
133 factor, consideration, or circumstance clearly demonstrates that
134 imposing the mandatory minimum term of imprisonment would
135 constitute or result in an injustice.
136 b. Is 200 grams or more, but less than 400 grams, such
137 person shall be sentenced to a mandatory minimum term of
138 imprisonment of 7 years, and the defendant shall be ordered to
139 pay a fine of $100,000.
140 c. Is 400 grams or more, such person shall be sentenced to
141 a mandatory minimum term of imprisonment of 15 calendar years
142 and pay a fine of $250,000.
143 2. Any person who knowingly brings into this state 800
144 grams or more of phencyclidine, as described in s.
145 893.03(2)(b)23., a substituted phenylcyclohexylamine, as
146 described in s. 893.03(1)(c)195., or a substance described in s.
147 893.03(1)(c)13., 32., 38., 103., or 146., or of any mixture
148 containing phencyclidine, as described in s. 893.03(2)(b)23., a
149 substituted phenylcyclohexylamine, as described in s.
150 893.03(1)(c)195., or a substance described in s.
151 893.03(1)(c)13., 32., 38., 103., or 146., and who knows that the
152 probable result of such importation would be the death of any
153 person commits capital importation of phencyclidine, a capital
154 felony punishable as provided in ss. 775.082 and 921.142. Any
155 person sentenced for a capital felony under this paragraph shall
156 also be sentenced to pay the maximum fine provided under
157 subparagraph 1.
158 (e)1. Any person who knowingly sells, purchases,
159 manufactures, delivers, or brings into this state, or who is
160 knowingly in actual or constructive possession of, 200 grams or
161 more of methaqualone or of any mixture containing methaqualone,
162 as described in s. 893.03(1)(d), commits a felony of the first
163 degree, which felony shall be known as “trafficking in
164 methaqualone,” punishable as provided in s. 775.082, s. 775.083,
165 or s. 775.084. If the quantity involved:
166 a. Is 200 grams or more, but less than 5 kilograms, such
167 person shall be sentenced to a mandatory minimum term of
168 imprisonment of 3 years, and the defendant shall be ordered to
169 pay a fine of $50,000. However, the court may depart from the
170 mandatory minimum term of imprisonment if it makes written
171 findings that the violation only involved possession and that a
172 factor, consideration, or circumstance clearly demonstrates that
173 imposing the mandatory minimum term of imprisonment would
174 constitute or result in an injustice.
175 b. Is 5 kilograms or more, but less than 25 kilograms, such
176 person shall be sentenced to a mandatory minimum term of
177 imprisonment of 7 years, and the defendant shall be ordered to
178 pay a fine of $100,000.
179 c. Is 25 kilograms or more, such person shall be sentenced
180 to a mandatory minimum term of imprisonment of 15 calendar years
181 and pay a fine of $250,000.
182 2. Any person who knowingly brings into this state 50
183 kilograms or more of methaqualone or of any mixture containing
184 methaqualone, as described in s. 893.03(1)(d), and who knows
185 that the probable result of such importation would be the death
186 of any person commits capital importation of methaqualone, a
187 capital felony punishable as provided in ss. 775.082 and
188 921.142. Any person sentenced for a capital felony under this
189 paragraph shall also be sentenced to pay the maximum fine
190 provided under subparagraph 1.
191 (f)1. Any person who knowingly sells, purchases,
192 manufactures, delivers, or brings into this state, or who is
193 knowingly in actual or constructive possession of, 14 grams or
194 more of amphetamine, as described in s. 893.03(2)(c)2., or
195 methamphetamine, as described in s. 893.03(2)(c)4., or of any
196 mixture containing amphetamine or methamphetamine, or
197 phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine
198 in conjunction with other chemicals and equipment utilized in
199 the manufacture of amphetamine or methamphetamine, commits a
200 felony of the first degree, which felony shall be known as
201 “trafficking in amphetamine,” punishable as provided in s.
202 775.082, s. 775.083, or s. 775.084. If the quantity involved:
203 a. Is 14 grams or more, but less than 28 grams, such person
204 shall be sentenced to a mandatory minimum term of imprisonment
205 of 3 years, and the defendant shall be ordered to pay a fine of
206 $50,000. However, the court may depart from the mandatory
207 minimum term of imprisonment if it makes written findings that
208 the violation only involved possession and that a factor,
209 consideration, or circumstance clearly demonstrates that
210 imposing the mandatory minimum term of imprisonment would
211 constitute or result in an injustice.
212 b. Is 28 grams or more, but less than 200 grams, such
213 person shall be sentenced to a mandatory minimum term of
214 imprisonment of 7 years, and the defendant shall be ordered to
215 pay a fine of $100,000.
216 c. Is 200 grams or more, such person shall be sentenced to
217 a mandatory minimum term of imprisonment of 15 calendar years
218 and pay a fine of $250,000.
219 2. Any person who knowingly manufactures or brings into
220 this state 400 grams or more of amphetamine, as described in s.
221 893.03(2)(c)2., or methamphetamine, as described in s.
222 893.03(2)(c)4., or of any mixture containing amphetamine or
223 methamphetamine, or phenylacetone, phenylacetic acid,
224 pseudoephedrine, or ephedrine in conjunction with other
225 chemicals and equipment used in the manufacture of amphetamine
226 or methamphetamine, and who knows that the probable result of
227 such manufacture or importation would be the death of any person
228 commits capital manufacture or importation of amphetamine, a
229 capital felony punishable as provided in ss. 775.082 and
230 921.142. Any person sentenced for a capital felony under this
231 paragraph shall also be sentenced to pay the maximum fine
232 provided under subparagraph 1.
233 (g)1. Any person who knowingly sells, purchases,
234 manufactures, delivers, or brings into this state, or who is
235 knowingly in actual or constructive possession of, 4 grams or
236 more of flunitrazepam or any mixture containing flunitrazepam as
237 described in s. 893.03(1)(a) commits a felony of the first
238 degree, which felony shall be known as “trafficking in
239 flunitrazepam,” punishable as provided in s. 775.082, s.
240 775.083, or s. 775.084. If the quantity involved:
241 a. Is 4 grams or more but less than 14 grams, such person
242 shall be sentenced to a mandatory minimum term of imprisonment
243 of 3 years, and the defendant shall be ordered to pay a fine of
244 $50,000. However, the court may depart from the mandatory
245 minimum term of imprisonment if it makes written findings that
246 the violation only involved possession and that a factor,
247 consideration, or circumstance clearly demonstrates that
248 imposing the mandatory minimum term of imprisonment would
249 constitute or result in an injustice.
250 b. Is 14 grams or more but less than 28 grams, such person
251 shall be sentenced to a mandatory minimum term of imprisonment
252 of 7 years, and the defendant shall be ordered to pay a fine of
253 $100,000.
254 c. Is 28 grams or more but less than 30 kilograms, such
255 person shall be sentenced to a mandatory minimum term of
256 imprisonment of 25 calendar years and pay a fine of $500,000.
257 2. Any person who knowingly sells, purchases, manufactures,
258 delivers, or brings into this state or who is knowingly in
259 actual or constructive possession of 30 kilograms or more of
260 flunitrazepam or any mixture containing flunitrazepam as
261 described in s. 893.03(1)(a) commits the first degree felony of
262 trafficking in flunitrazepam. A person who has been convicted of
263 the first degree felony of trafficking in flunitrazepam under
264 this subparagraph shall be punished by life imprisonment and is
265 ineligible for any form of discretionary early release except
266 pardon or executive clemency or conditional medical release
267 under s. 947.149. However, if the court determines that, in
268 addition to committing any act specified in this paragraph:
269 a. The person intentionally killed an individual or
270 counseled, commanded, induced, procured, or caused the
271 intentional killing of an individual and such killing was the
272 result; or
273 b. The person’s conduct in committing that act led to a
274 natural, though not inevitable, lethal result,
275
276 such person commits the capital felony of trafficking in
277 flunitrazepam, punishable as provided in ss. 775.082 and
278 921.142. Any person sentenced for a capital felony under this
279 paragraph shall also be sentenced to pay the maximum fine
280 provided under subparagraph 1.
281 (h)1. Any person who knowingly sells, purchases,
282 manufactures, delivers, or brings into this state, or who is
283 knowingly in actual or constructive possession of, 1 kilogram or
284 more of gamma-hydroxybutyric acid (GHB), as described in s.
285 893.03(1)(d), or any mixture containing gamma-hydroxybutyric
286 acid (GHB), commits a felony of the first degree, which felony
287 shall be known as “trafficking in gamma-hydroxybutyric acid
288 (GHB),” punishable as provided in s. 775.082, s. 775.083, or s.
289 775.084. If the quantity involved:
290 a. Is 1 kilogram or more but less than 5 kilograms, such
291 person shall be sentenced to a mandatory minimum term of
292 imprisonment of 3 years, and the defendant shall be ordered to
293 pay a fine of $50,000. However, the court may depart from the
294 mandatory minimum term of imprisonment if it makes written
295 findings that the violation only involved possession and that a
296 factor, consideration, or circumstance clearly demonstrates that
297 imposing the mandatory minimum term of imprisonment would
298 constitute or result in an injustice.
299 b. Is 5 kilograms or more but less than 10 kilograms, such
300 person shall be sentenced to a mandatory minimum term of
301 imprisonment of 7 years, and the defendant shall be ordered to
302 pay a fine of $100,000.
303 c. Is 10 kilograms or more, such person shall be sentenced
304 to a mandatory minimum term of imprisonment of 15 calendar years
305 and pay a fine of $250,000.
306 2. Any person who knowingly manufactures or brings into
307 this state 150 kilograms or more of gamma-hydroxybutyric acid
308 (GHB), as described in s. 893.03(1)(d), or any mixture
309 containing gamma-hydroxybutyric acid (GHB), and who knows that
310 the probable result of such manufacture or importation would be
311 the death of any person commits capital manufacture or
312 importation of gamma-hydroxybutyric acid (GHB), a capital felony
313 punishable as provided in ss. 775.082 and 921.142. Any person
314 sentenced for a capital felony under this paragraph shall also
315 be sentenced to pay the maximum fine provided under subparagraph
316 1.
317 (i)1. Any person who knowingly sells, purchases,
318 manufactures, delivers, or brings into this state, or who is
319 knowingly in actual or constructive possession of, 1 kilogram or
320 more of gamma-butyrolactone (GBL), as described in s.
321 893.03(1)(d), or any mixture containing gamma-butyrolactone
322 (GBL), commits a felony of the first degree, which felony shall
323 be known as “trafficking in gamma-butyrolactone (GBL),”
324 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
325 If the quantity involved:
326 a. Is 1 kilogram or more but less than 5 kilograms, such
327 person shall be sentenced to a mandatory minimum term of
328 imprisonment of 3 years, and the defendant shall be ordered to
329 pay a fine of $50,000. However, the court may depart from the
330 mandatory minimum term of imprisonment if it makes written
331 findings that the violation only involved possession and that a
332 factor, consideration, or circumstance clearly demonstrates that
333 imposing the mandatory minimum term of imprisonment would
334 constitute or result in an injustice.
335 b. Is 5 kilograms or more but less than 10 kilograms, such
336 person shall be sentenced to a mandatory minimum term of
337 imprisonment of 7 years, and the defendant shall be ordered to
338 pay a fine of $100,000.
339 c. Is 10 kilograms or more, such person shall be sentenced
340 to a mandatory minimum term of imprisonment of 15 calendar years
341 and pay a fine of $250,000.
342 2. Any person who knowingly manufactures or brings into the
343 state 150 kilograms or more of gamma-butyrolactone (GBL), as
344 described in s. 893.03(1)(d), or any mixture containing gamma
345 butyrolactone (GBL), and who knows that the probable result of
346 such manufacture or importation would be the death of any person
347 commits capital manufacture or importation of gamma
348 butyrolactone (GBL), a capital felony punishable as provided in
349 ss. 775.082 and 921.142. Any person sentenced for a capital
350 felony under this paragraph shall also be sentenced to pay the
351 maximum fine provided under subparagraph 1.
352 (j)1. Any person who knowingly sells, purchases,
353 manufactures, delivers, or brings into this state, or who is
354 knowingly in actual or constructive possession of, 1 kilogram or
355 more of 1,4-Butanediol as described in s. 893.03(1)(d), or of
356 any mixture containing 1,4-Butanediol, commits a felony of the
357 first degree, which felony shall be known as “trafficking in
358 1,4-Butanediol,” punishable as provided in s. 775.082, s.
359 775.083, or s. 775.084. If the quantity involved:
360 a. Is 1 kilogram or more, but less than 5 kilograms, such
361 person shall be sentenced to a mandatory minimum term of
362 imprisonment of 3 years, and the defendant shall be ordered to
363 pay a fine of $50,000. However, the court may depart from the
364 mandatory minimum term of imprisonment if it makes written
365 findings that the violation only involved possession and that a
366 factor, consideration, or circumstance clearly demonstrates that
367 imposing the mandatory minimum term of imprisonment would
368 constitute or result in an injustice.
369 b. Is 5 kilograms or more, but less than 10 kilograms, 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 10 kilograms or more, such person shall be sentenced
374 to a mandatory minimum term of imprisonment of 15 calendar years
375 and pay a fine of $500,000.
376 2. Any person who knowingly manufactures or brings into
377 this state 150 kilograms or more of 1,4-Butanediol as described
378 in s. 893.03(1)(d), or any mixture containing 1,4-Butanediol,
379 and who knows that the probable result of such manufacture or
380 importation would be the death of any person commits capital
381 manufacture or importation of 1,4-Butanediol, a capital felony
382 punishable as provided in ss. 775.082 and 921.142. Any person
383 sentenced for a capital felony under this paragraph shall also
384 be sentenced to pay the maximum fine provided under subparagraph
385 1.
386 (k)1. A person who knowingly sells, purchases,
387 manufactures, delivers, or brings into this state, or who is
388 knowingly in actual or constructive possession of, 10 grams or
389 more of a:
390 a. Substance described in s. 893.03(1)(c)4., 5., 10., 11.,
391 15., 17., 21.-27., 29., 39., 40.-45., 58., 72.-80., 81.-86.,
392 90.-102., 104.-108., 110.-113., 143.-145., 148.-150., 160.-163.,
393 165., or 187.-189., a substituted cathinone, as described in s.
394 893.03(1)(c)191., or substituted phenethylamine, as described in
395 s. 893.03(1)(c)192.;
396 b. Mixture containing any substance described in sub
397 subparagraph a.; or
398 c. Salt, isomer, ester, or ether or salt of an isomer,
399 ester, or ether of a substance described in sub-subparagraph a.,
400
401 commits a felony of the first degree, which felony shall be
402 known as “trafficking in phenethylamines,” punishable as
403 provided in s. 775.082, s. 775.083, or s. 775.084.
404 2. If the quantity involved under subparagraph 1.:
405 a. Is 10 grams or more, but less than 200 grams, such
406 person shall be sentenced to a mandatory minimum term of
407 imprisonment of 3 years and shall be ordered to pay a fine of
408 $50,000. However, the court may depart from the mandatory
409 minimum term of imprisonment if it makes written findings that
410 the violation only involved possession and that a factor,
411 consideration, or circumstance clearly demonstrates that
412 imposing the mandatory minimum term of imprisonment would
413 constitute or result in an injustice.
414 b. Is 200 grams or more, but less than 400 grams, such
415 person shall be sentenced to a mandatory minimum term of
416 imprisonment of 7 years and shall be ordered to pay a fine of
417 $100,000.
418 c. Is 400 grams or more, such person shall be sentenced to
419 a mandatory minimum term of imprisonment of 15 years and shall
420 be ordered to pay a fine of $250,000.
421 3. A person who knowingly manufactures or brings into this
422 state 30 kilograms or more of a substance described in sub
423 subparagraph 1.a., a mixture described in sub-subparagraph 1.b.,
424 or a salt, isomer, ester, or ether or a salt of an isomer,
425 ester, or ether described in sub-subparagraph 1.c., and who
426 knows that the probable result of such manufacture or
427 importation would be the death of any person commits capital
428 manufacture or importation of phenethylamines, a capital felony
429 punishable as provided in ss. 775.082 and 921.142. A person
430 sentenced for a capital felony under this paragraph shall also
431 be sentenced to pay the maximum fine under subparagraph 2.
432 (l)1. Any person who knowingly sells, purchases,
433 manufactures, delivers, or brings into this state, or who is
434 knowingly in actual or constructive possession of, 1 gram or
435 more of lysergic acid diethylamide (LSD) as described in s.
436 893.03(1)(c), or of any mixture containing lysergic acid
437 diethylamide (LSD), commits a felony of the first degree, which
438 felony shall be known as “trafficking in lysergic acid
439 diethylamide (LSD),” punishable as provided in s. 775.082, s.
440 775.083, or s. 775.084. If the quantity involved:
441 a. Is 1 gram or more, but less than 5 grams, such person
442 shall be sentenced to a mandatory minimum term of imprisonment
443 of 3 years, and the defendant shall be ordered to pay a fine of
444 $50,000. However, the court may depart from the mandatory
445 minimum term of imprisonment if it makes written findings that
446 the violation only involved possession and that a factor,
447 consideration, or circumstance clearly demonstrates that
448 imposing the mandatory minimum term of imprisonment would
449 constitute or result in an injustice.
450 b. Is 5 grams or more, but less than 7 grams, such person
451 shall be sentenced to a mandatory minimum term of imprisonment
452 of 7 years, and the defendant shall be ordered to pay a fine of
453 $100,000.
454 c. Is 7 grams or more, such person shall be sentenced to a
455 mandatory minimum term of imprisonment of 15 calendar years and
456 pay a fine of $500,000.
457 2. Any person who knowingly manufactures or brings into
458 this state 7 grams or more of lysergic acid diethylamide (LSD)
459 as described in s. 893.03(1)(c), or any mixture containing
460 lysergic acid diethylamide (LSD), and who knows that the
461 probable result of such manufacture or importation would be the
462 death of any person commits capital manufacture or importation
463 of lysergic acid diethylamide (LSD), a capital felony punishable
464 as provided in ss. 775.082 and 921.142. Any person sentenced for
465 a capital felony under this paragraph shall also be sentenced to
466 pay the maximum fine provided under subparagraph 1.
467 (m)1. A person who knowingly sells, purchases,
468 manufactures, delivers, or brings into this state, or who is
469 knowingly in actual or constructive possession of, 280 grams or
470 more of a:
471 a. Substance described in s. 893.03(1)(c)30., 46.-50.,
472 114.-142., 151.-156., 166.-173., or 176.-186. or a synthetic
473 cannabinoid, as described in s. 893.03(1)(c)190.; or
474 b. Mixture containing any substance described in sub
475 subparagraph a.,
476
477 commits a felony of the first degree, which felony shall be
478 known as “trafficking in synthetic cannabinoids,” punishable as
479 provided in s. 775.082, s. 775.083, or s. 775.084.
480 2. If the quantity involved under subparagraph 1.:
481 a. Is 280 grams or more, but less than 500 grams, such
482 person shall be sentenced to a mandatory minimum term of
483 imprisonment of 3 years, and the defendant shall be ordered to
484 pay a fine of $50,000. However, the court may depart from the
485 mandatory minimum term of imprisonment if it makes written
486 findings that the violation only involved possession and that a
487 factor, consideration, or circumstance clearly demonstrates that
488 imposing the mandatory minimum term of imprisonment would
489 constitute or result in an injustice.
490 b. Is 500 grams or more, but less than 1,000 grams, such
491 person shall be sentenced to a mandatory minimum term of
492 imprisonment of 7 years, and the defendant shall be ordered to
493 pay a fine of $100,000.
494 c. Is 1,000 grams or more, but less than 30 kilograms, such
495 person shall be sentenced to a mandatory minimum term of
496 imprisonment of 15 years, and the defendant shall be ordered to
497 pay a fine of $200,000.
498 d. Is 30 kilograms or more, such person shall be sentenced
499 to a mandatory minimum term of imprisonment of 25 years, and the
500 defendant shall be ordered to pay a fine of $750,000.
501 (n)1. A person who knowingly sells, purchases,
502 manufactures, delivers, or brings into this state, or who is
503 knowingly in actual or constructive possession of, 14 grams or
504 more of:
505 a. A substance described in s. 893.03(1)(c)164., 174., or
506 175., a n-benzyl phenethylamine compound, as described in s.
507 893.03(1)(c)193.; or
508 b. A mixture containing any substance described in sub
509 subparagraph a.,
510
511 commits a felony of the first degree, which felony shall be
512 known as “trafficking in n-benzyl phenethylamines,” punishable
513 as provided in s. 775.082, s. 775.083, or s. 775.084.
514 2. If the quantity involved under subparagraph 1.:
515 a. Is 14 grams or more, but less than 100 grams, such
516 person shall be sentenced to a mandatory minimum term of
517 imprisonment of 3 years, and the defendant shall be ordered to
518 pay a fine of $50,000. However, the court may depart from the
519 mandatory minimum term of imprisonment if it makes written
520 findings that the violation only involved possession and that a
521 factor, consideration, or circumstance clearly demonstrates that
522 imposing the mandatory minimum term of imprisonment would
523 constitute or result in an injustice.
524 b. Is 100 grams or more, but less than 200 grams, such
525 person shall be sentenced to a mandatory minimum term of
526 imprisonment of 7 years, and the defendant shall be ordered to
527 pay a fine of $100,000.
528 c. Is 200 grams or more, such person shall be sentenced to
529 a mandatory minimum term of imprisonment of 15 years, and the
530 defendant shall be ordered to pay a fine of $500,000.
531 3. A person who knowingly manufactures or brings into this
532 state 400 grams or more of a substance described in sub
533 subparagraph 1.a. or a mixture described in sub-subparagraph
534 1.b., and who knows that the probable result of such manufacture
535 or importation would be the death of any person commits capital
536 manufacture or importation of a n-benzyl phenethylamine
537 compound, a capital felony punishable as provided in ss. 775.082
538 and 921.142. A person sentenced for a capital felony under this
539 paragraph shall also be sentenced to pay the maximum fine under
540 subparagraph 2.
541 Section 2. This act shall take effect July 1, 2018.