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.