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.