Florida Senate - 2019                                    SB 1780
       
       
        
       By Senator Farmer
       
       
       
       
       
       34-00496A-19                                          20191780__
    1                        A bill to be entitled                      
    2         An act relating to adult use marijuana legalization;
    3         amending s. 20.165, F.S.; renaming the Division of
    4         Alcoholic Beverages and Tobacco of the Department of
    5         Business and Professional Regulation; amending s.
    6         561.025, F.S.; renaming the Alcoholic Beverage and
    7         Tobacco Trust Fund; specifying distribution of funds;
    8         providing a directive to the Division of Law Revision;
    9         creating chapter 566, F.S., relating to recreational
   10         marijuana; providing definitions; exempting certain
   11         activities involving marijuana from use and possession
   12         offenses; authorizing persons age 21 and over to
   13         engage in certain activities involving personal use of
   14         marijuana in limited amounts; providing limits on
   15         where persons may engage in specified activities;
   16         prohibiting the use of false identification by persons
   17         under 21 years of age for specified activities
   18         relating to recreational marijuana; providing
   19         noncriminal penalties; providing for alternative
   20         sentencing; providing for licensure of marijuana
   21         establishments that may engage in the manufacture,
   22         possession, or purchase of marijuana, marijuana
   23         products, and marijuana accessories or sell marijuana,
   24         marijuana products, or marijuana accessories to a
   25         consumer; specifying duties of the Division of
   26         Alcoholic Beverages, Marijuana, and Tobacco; providing
   27         for enforcement of regulatory provisions; authorizing
   28         agreements with other entities for certain enforcement
   29         activities; requiring an annual report; providing for
   30         licensing of marijuana establishments; providing for a
   31         licensing process; providing limits on the number of
   32         retail marijuana stores in localities based on
   33         population; providing standards for prospective
   34         licensees; providing restrictions on the location of
   35         marijuana establishments; prohibiting certain
   36         activities by marijuana establishments; providing
   37         procedures when a marijuana establishment’s license
   38         expires; authorizing localities to prohibit one or
   39         more types of marijuana establishments through local
   40         ordinance; providing for submission of applications to
   41         localities if the division has not issued
   42         establishment licenses by a specified date; specifying
   43         duties of the Attorney General concerning federal
   44         subpoenas; providing an exemption from specified
   45         provisions for marijuana research; specifying that the
   46         chapter does not apply to employer drug policies or
   47         operating under the influence laws; specifying that
   48         the chapter does not allow persons under 21 years of
   49         age to engage in activities permitted therein;
   50         providing that the rights of property owners are not
   51         affected; authorizing rulemaking; specifying that
   52         conduct allowed by the chapter may not be considered
   53         the basis for the finding of a lack of good moral
   54         character as that term is used in law; providing for
   55         emergency rulemaking; amending s. 500.03, F.S.;
   56         providing that marijuana establishments that sell food
   57         containing marijuana are considered food service
   58         establishments for the purposes of specified
   59         regulations; creating s. 500.105, F.S.; specifying
   60         that food products containing marijuana that are
   61         prepared in permitted food establishments and sold by
   62         licensed retail marijuana stores are not considered
   63         adulterated; amending s. 562.13, F.S.; providing that
   64         it is unlawful for marijuana establishments to employ
   65         persons under 18 years of age; amending s. 569.0073,
   66         F.S.; exempting licensed marijuana establishments from
   67         specified provisions regulating the sale of pipes and
   68         smoking devices; amending ss. 893.13 and 893.135,
   69         F.S.; providing that conduct authorized under chapter
   70         566, F.S., is not prohibited by specified controlled
   71         substance prohibitions; providing a contingent
   72         effective date.
   73          
   74  Be It Enacted by the Legislature of the State of Florida:
   75  
   76         Section 1. Paragraph (b) of subsection (2) of section
   77  20.165, Florida Statutes, is amended to read:
   78         20.165 Department of Business and Professional Regulation.
   79  There is created a Department of Business and Professional
   80  Regulation.
   81         (2) The following divisions of the Department of Business
   82  and Professional Regulation are established:
   83         (b) Division of Alcoholic Beverages, Marijuana, and
   84  Tobacco.
   85         Section 2. Section 561.025, Florida Statutes, is amended to
   86  read:
   87         561.025 Alcoholic Beverage, Marijuana, and Tobacco Trust
   88  Fund.—There is created within the State Treasury the Alcoholic
   89  Beverage, Marijuana, and Tobacco Trust Fund. All funds collected
   90  by the division under ss. 210.15, 210.40, or under s. 569.003
   91  and the Beverage Law with the exception of state funds collected
   92  pursuant to ss. 563.05, 564.06, and 565.12 shall be deposited in
   93  the State Treasury to the credit of the trust fund,
   94  notwithstanding any other provision of law to the contrary. In
   95  addition, funds collected by the division under chapter 566
   96  shall be deposited into the trust fund, except that funds from
   97  the excise tax in s. 566.012 shall be distributed as provided in
   98  s. 566.013. Moneys deposited to the credit of the trust fund
   99  shall be used to operate the division and to provide a
  100  proportionate share of the operation of the office of the
  101  secretary and the Division of Administration of the Department
  102  of Business and Professional Regulation; except that:
  103         (1) The revenue transfer provisions of ss. 561.32 and
  104  561.342(1) and (2) shall continue in full force and effect, and
  105  the division shall cause such revenue to be returned to the
  106  municipality or county in the manner provided for in s. 561.32
  107  or s. 561.342(1) and (2).; and
  108         (2) Ten percent of the revenues derived from retail tobacco
  109  products dealer permit fees collected under s. 569.003 shall be
  110  transferred to the Department of Education to provide for
  111  teacher training and for research and evaluation to reduce and
  112  prevent the use of tobacco products by children.
  113         (3)Until January 1, 2028, an amount equal to 5 percent of
  114  the revenues received by the division during the previous month
  115  pursuant to the tax imposed by s. 566.012 shall be transferred
  116  to the Department of Health to be used to provide grants for the
  117  purpose of producing peer-reviewed research on marijuana’s
  118  beneficial uses and safety.
  119         Section 3. The Division of Law Revision is directed to
  120  prepare a reviser’s bill for the 2020 Regular Session of the
  121  Legislature to redesignate the Division of Alcoholic Beverages
  122  and Tobacco of the Department of Business and Professional
  123  Regulation as the “Division of Alcoholic Beverages, Marijuana,
  124  and Tobacco” and the Alcoholic Beverage and Tobacco Trust Fund
  125  as the “Alcoholic Beverage, Marijuana, and Tobacco Trust Fund,”
  126  respectively, wherever those terms appear in the Florida
  127  Statutes.
  128         Section 4. Chapter 566, Florida Statutes, consisting of ss.
  129  566.011-566.042, is created to read:
  130                             CHAPTER 566                           
  131                       RECREATIONAL MARIJUANA                      
  132                               PART I                              
  133                             EXCISE TAX                            
  134         566.011Definitions.—As used in this part, the term:
  135         (1)“Department” means the Department of Business and
  136  Professional Regulation.
  137         (2)“Division” means the Division of Alcoholic Beverages,
  138  Marijuana, and Tobacco of the department.
  139         (3)“Marijuana” means all parts of the plant of the genus
  140  cannabis, whether growing or not, the seeds thereof, the resin
  141  extracted from any part of the plant, and every compound,
  142  manufacture, salt, derivative, mixture, or preparation of the
  143  plant, its seeds, or its resin, including marijuana concentrate.
  144  The term does not include industrial hemp, fiber produced from
  145  the stalks, oil, cake made from the seeds of the plant,
  146  sterilized seed of the plant that is incapable of germination,
  147  or the weight of any ingredient combined with marijuana to
  148  prepare topical or oral administrations, food, drink, or any
  149  other product.
  150         (4)“Marijuana cultivation facility” means an entity
  151  licensed to cultivate, prepare, and package and sell marijuana
  152  to retail marijuana stores, to marijuana product manufacturing
  153  facilities, and to other marijuana cultivation facilities, but
  154  not to consumers.
  155         (5)“Marijuana establishment” means a marijuana cultivation
  156  facility, marijuana testing facility, marijuana product
  157  manufacturing facility, or retail marijuana store.
  158         (6)“Marijuana product manufacturing facility” means an
  159  entity licensed to:
  160         (a)Purchase marijuana.
  161         (b)Manufacture, prepare, and package marijuana products.
  162         (c)Sell marijuana and marijuana products to other
  163  marijuana product manufacturing facilities and to retail
  164  marijuana stores, but not to consumers.
  165         (7)“Marijuana products” means concentrated marijuana and
  166  products that consist of marijuana and other ingredients and are
  167  intended for use or consumption, including, but not limited to,
  168  edible products, ointments, and tinctures.
  169         (8)“Marijuana testing facility” means an entity licensed
  170  to analyze and certify the safety and potency of marijuana.
  171         (9)“Retail marijuana store” means an entity licensed to
  172  purchase marijuana from a marijuana cultivation facility and
  173  marijuana products from a marijuana product manufacturing
  174  facility and to sell marijuana and marijuana products to
  175  consumers.
  176         566.013Distribution of revenues.—Revenues derived from the
  177  tax imposed by this part must be credited to the General Revenue
  178  Fund. On or before the last day of each month, the Chief
  179  Financial Officer shall transfer 15 percent of the revenue
  180  received by the division during the preceding month pursuant to
  181  the tax imposed by s. 566.012 to the Alcoholic Beverage,
  182  Marijuana, and Tobacco Trust Fund established under s. 561.025.
  183  On or before the last day of each month, the Chief Financial
  184  Officer shall transfer the remainder of the revenues to the
  185  General Revenue Fund.
  186         566.014Annual report.—The division shall report annually
  187  beginning January 30, 2021, the amount of tax revenue collected
  188  pursuant to s. 566.012 and the amount distributed pursuant to s.
  189  561.025(3) to the appropriations committees of each house of the
  190  Legislature.
  191                               PART II                             
  192                        MARIJUANA REGULATION                       
  193         566.031Definitions.—As used in this part, the term:
  194         (1)“Consumer” means a person 21 years of age or older who
  195  purchases marijuana or marijuana products for personal use by
  196  persons 21 years of age or older, but not for resale to others.
  197         (2)“Department” has the same meaning as provided in s.
  198  566.011.
  199         (3)“Division” has the same meaning as provided in s.
  200  566.011.
  201         (4)“Licensee” means any individual, partnership,
  202  corporation, firm, association, or other legal entity holding a
  203  marijuana establishment license within the state.
  204         (5)“Locality” means a municipality or, in reference to a
  205  location in the unorganized territory, the county in which that
  206  locality is located.
  207         (6)“Marijuana” has the same meaning as provided in s.
  208  566.011.
  209         (7)“Marijuana accessories” means equipment, products, or
  210  materials of any kind that are used, intended, or designed for
  211  use in planting, propagating, cultivating, growing, harvesting,
  212  composting, manufacturing, compounding, converting, producing,
  213  processing, preparing, testing, analyzing, packaging,
  214  repackaging, storing, vaporizing, or containing marijuana or for
  215  ingesting, inhaling, or otherwise introducing marijuana into the
  216  human body.
  217         (8)“Marijuana cultivation facility” has the same meaning
  218  as provided in s. 566.011.
  219         (9)“Marijuana establishment” has the same meaning as
  220  provided in s. 566.011.
  221         (10)“Marijuana product manufacturing facility” has the
  222  same meaning as provided in s. 566.011.
  223         (11)“Marijuana testing facility” means an entity licensed
  224  to analyze and certify the safety and potency of marijuana.
  225         (12)“Minor” means a person under 21 years of age.
  226         (13)“Retail marijuana store” has the same meaning as
  227  provided in s. 566.011.
  228         (14)“Seedling” means a marijuana plant that has no
  229  flowers, is less than 12 inches in height, and is less than 12
  230  inches in diameter.
  231         566.032Exemption from criminal and noncriminal penalties,
  232  seizure, or forfeiture.—Notwithstanding chapter 893 or any other
  233  provision of law, and except as provided in this part, the
  234  actions specified in this part are legal under the laws of this
  235  state and do not constitute a civil or criminal offense under
  236  the laws of this state or the law of any political subdivision
  237  within this state or serve as a basis for seizure or forfeiture
  238  of assets under state law.
  239         566.0311False identification.—
  240         (1)A minor may not present or offer to a marijuana
  241  establishment or the marijuana establishment’s agent or employee
  242  any written or oral evidence of age that is false, fraudulent,
  243  or not actually the minor’s own for the purpose of:
  244         (a)Ordering, purchasing, attempting to purchase or
  245  otherwise procuring or attempting to procure marijuana; or
  246         (b)Gaining access to marijuana.
  247         (2)(a)A minor who violates subsection (1) commits:
  248         1.For a first offense, a noncriminal violation subject to
  249  a civil penalty of at least $200 and not more than $400.
  250         2.For a second offense, a noncriminal violation subject to
  251  a civil penalty of at least $300 and not more than $600, which
  252  may only be suspended as provided in paragraph (b).
  253         3.For a third or subsequent offense, a noncriminal
  254  violation subject to a civil penalty of $600, which may only be
  255  suspended as provided in paragraph (b).
  256  
  257  When a minor is adjudged to have committed a first offense under
  258  subsection (1), the judge shall inform that minor that the
  259  noncriminal penalties for the second and subsequent offenses are
  260  mandatory and may only be suspended as provided in paragraph
  261  (b). Failure to inform the minor that subsequent noncriminal
  262  penalties are mandatory is not a ground for suspension of any
  263  subsequent civil penalty.
  264         (b)A judge, as an alternative to or in addition to the
  265  noncriminal penalties specified in paragraph (a), may assign the
  266  minor to perform specified work for the benefit of the state,
  267  the municipality, or other public entity or a charitable
  268  institution for no more than 40 hours for each violation.
  269         566.033Personal use of marijuana.—
  270         (1)A person who is 21 years of age or older may:
  271         (a)Use, possess, and transport marijuana accessories and
  272  up to 2.5 ounces of marijuana.
  273         (b)Transfer or furnish, without remuneration, up to 2.5
  274  ounces of marijuana and up to 6 seedlings to a person who is 21
  275  years of age or older.
  276         (c)Possess, grow, cultivate, process, and transport up to
  277  6 marijuana plants, including seedlings, and possess the
  278  marijuana produced by the marijuana plants on the premises where
  279  the plants were grown.
  280         (d)Purchase up to 2.5 ounces of marijuana, up to 6
  281  seedlings, and marijuana accessories from a retail marijuana
  282  store.
  283         (2)The following apply to the cultivation of marijuana for
  284  personal use by a person who is 21 years of age or older:
  285         (a)A person may cultivate up to 6 marijuana plants,
  286  including seedlings, at that person’s place of residence, on
  287  property owned by that person, or on another person’s property
  288  with permission of the owner of the other property.
  289         (b)A person who elects to cultivate marijuana shall take
  290  reasonable precautions to ensure the plants are secure from
  291  unauthorized access or access by a person under 21 years of age.
  292  Reasonable precautions include, but are not limited to,
  293  cultivating marijuana in a fully enclosed secure outdoor area,
  294  locked closet, or locked room inaccessible to persons under 21
  295  years of age.
  296         (3)A person may smoke or ingest marijuana in a nonpublic
  297  place, including, but not limited to, a private residence.
  298         (a)This subsection does not permit a person to consume
  299  marijuana in a manner that endangers others.
  300         (b)The prohibitions and limitations on smoking tobacco
  301  products in specified areas in part II of chapter 386 apply to
  302  marijuana.
  303         (c)A person who smokes marijuana in a public place other
  304  than as governed by part II of chapter 386 commits a noncriminal
  305  violation subject to a civil penalty of $100.
  306         566.034Marijuana establishments.—
  307         (1)A marijuana establishment may engage in the
  308  manufacture, possession, and purchase of marijuana, marijuana
  309  products, and marijuana accessories and sell marijuana,
  310  marijuana products, and marijuana accessories to a consumer as
  311  described in this subsection.
  312         (a)A retail marijuana store may:
  313         1.Possess, display, and transport marijuana, marijuana
  314  products, or marijuana accessories.
  315         2.Purchase marijuana from a marijuana cultivation
  316  facility.
  317         3.Purchase marijuana and marijuana products from a
  318  marijuana product manufacturing facility.
  319         4.Sell marijuana, marijuana products, and marijuana
  320  accessories to consumers.
  321         (b)A marijuana cultivation facility may:
  322         1.Cultivate, harvest, process, package, transport,
  323  display, and possess marijuana.
  324         2.Deliver or transfer marijuana to a marijuana testing
  325  facility.
  326         3.Sell marijuana to another marijuana cultivation
  327  facility, a marijuana product manufacturing facility, or a
  328  retail marijuana store.
  329         4.Purchase marijuana from another marijuana cultivation
  330  facility.
  331         (c)A marijuana product manufacturing facility may:
  332         1.Package, process, transport, manufacture, display, and
  333  possess marijuana or marijuana products.
  334         2.Deliver or transfer marijuana or marijuana products to a
  335  marijuana testing facility.
  336         3.Sell marijuana and marijuana products to a retail
  337  marijuana store or marijuana product manufacturing facility.
  338         4.Purchase marijuana from a marijuana cultivation
  339  facility.
  340         5.Purchase marijuana and marijuana products from a
  341  marijuana product manufacturing facility.
  342         (d)A marijuana testing facility may possess, cultivate,
  343  process, repackage, store, transport, display, transfer, and
  344  deliver marijuana or marijuana products.
  345  
  346  A marijuana establishment may lease or otherwise allow the use
  347  of property owned, occupied, or controlled by a person,
  348  corporation, or other entity for any of the activities conducted
  349  lawfully in accordance with this subsection.
  350         (2)This section does not prevent the imposition of
  351  penalties for violating this chapter or state or local rules
  352  adopted pursuant to this chapter.
  353         566.035Duties of the division.—The division shall:
  354         (1)Enforce the laws and rules relating to the
  355  manufacturing, processing, labeling, storing, transporting,
  356  testing, and selling of marijuana by marijuana establishments
  357  and administer those laws relating to licensing and the
  358  collection of taxes.
  359         (2)Adopt rules consistent with this chapter for the
  360  administration and enforcement of laws regulating and licensing
  361  marijuana establishments.
  362         (3)If determined necessary by the division, enter into a
  363  memorandum of understanding with the Department of Law
  364  Enforcement, a county sheriff, or other state or municipal law
  365  enforcement agency to perform inspections of marijuana
  366  establishments.
  367         (4)Issue marijuana cultivation facility, marijuana testing
  368  facility, marijuana product manufacturing facility, and retail
  369  marijuana store licenses.
  370         (5)Prevent the sale of marijuana by licensees to minors
  371  and intoxicated persons.
  372         (6)Ensure that licensees have access to the provisions of
  373  this chapter and other laws and rules governing marijuana in
  374  accordance with this section.
  375         (7)Post on the department’s publicly accessible website
  376  this chapter and all rules adopted under this chapter. The
  377  division shall notify all licensees of changes in the law and
  378  rules through a publicly accessible website posting within 90
  379  days after adjournment of each session of the Legislature. The
  380  division shall update the posting on the department’s publicly
  381  accessible website to reflect new laws and rules before the
  382  effective date of the laws and rules.
  383         (8)Certify monthly to the Chief Financial Officer a
  384  complete statement of revenues and expenses for licenses issued
  385  and for revenues collected by the division and submit an annual
  386  report that includes a complete statement of the revenues and
  387  expenses for the division to the Governor, the Speaker of the
  388  House of Representatives, and the President of the Senate.
  389         (9)Suspend or revoke the license of a licensee in
  390  accordance with rules adopted by the division. A marijuana
  391  establishment with a license that is suspended or revoked
  392  pursuant to this subsection may:
  393         (a)Continue to possess marijuana during the time its
  394  license is suspended, but may not dispense, transfer, or sell
  395  marijuana. If the marijuana establishment is a marijuana
  396  cultivation facility, it may continue to cultivate marijuana
  397  plants during the time its license is suspended. Marijuana may
  398  not be removed from the licensed premises except as authorized
  399  by the division and only for the purpose of destruction.
  400         (b)Possess marijuana for up to 7 days after revocation of
  401  its license, during which time the marijuana establishment shall
  402  dispose of its inventory of marijuana in accordance with
  403  division rules.
  404         (10)Beginning January 15, 2020, and annually thereafter,
  405  report to the committees of each house of the Legislature having
  406  jurisdiction over marijuana regulation. The report must include,
  407  but is not limited to, all rules adopted by the division and
  408  statistics regarding the number of marijuana establishment
  409  applications received, and licensed and the licensing fees
  410  collected within the previous year.
  411         566.036Licensing of marijuana establishments.—
  412         (1)An applicant for a marijuana establishment license
  413  shall file an application in the form required by the division
  414  for the type of marijuana establishment license sought. An
  415  applicant may apply for and be granted more than one type of
  416  marijuana establishment license, except that a person licensed
  417  as a marijuana testing facility may not hold another marijuana
  418  establishment license. The division shall begin accepting and
  419  processing applications by August 1, 2020.
  420         (2)Upon receiving an application for a marijuana
  421  establishment license, the division shall immediately forward a
  422  copy of the application and 50 percent of the license
  423  application fee to the locality in which the applicant desires
  424  to operate.
  425         (3)The division shall issue or renew a license to operate
  426  a marijuana establishment to an applicant who meets the
  427  requirements of the division as set forth in rule and in
  428  subsection (9) within 90 days after the date of receipt of the
  429  application unless:
  430         (a)The division finds the applicant is not in compliance
  431  with this section or rules adopted by the division;
  432         (b)The division is notified by the relevant locality that
  433  the applicant is not in compliance with an ordinance, rule, or
  434  regulation in effect at the time of application; or
  435         (c)The number of marijuana establishments allowed in the
  436  locality has been limited under s. 566.037 or is limited by
  437  subsection (5) and the division has already licensed the maximum
  438  number of marijuana establishments allowed in the locality for
  439  the category of license that is sought.
  440         (4)The following shall control when more than one
  441  application is received by the division for establishment of a
  442  marijuana establishment in the same locality:
  443         (a)If a greater number of applications are received from
  444  qualified applicants to operate a marijuana establishment in a
  445  locality than are allowed under the limits enacted by the
  446  locality under s. 566.037 or subsection (5), the division shall
  447  solicit and consider input from the locality regarding the
  448  locality’s preference or preferences for licensure. Within 90
  449  days after the date that the first application is received, the
  450  division shall issue the maximum number of applicable licenses
  451  for each type of marijuana establishment license application
  452  received.
  453         (b)In a competitive application process to determine which
  454  applicants will receive licenses, the division shall give
  455  preference to an applicant who has at least 1 year of previous
  456  experience in operating another business in this state in
  457  compliance with state law.
  458         (c)The division may not grant a license to a licensee who
  459  has already received a license to operate the same type of
  460  marijuana establishment if doing so would prevent another
  461  qualified applicant from receiving a license.
  462         (5)Unless the locality has prohibited retail marijuana
  463  stores or has enacted a lower limit on the number of retail
  464  marijuana stores, the division shall license no more than:
  465         (a)One retail marijuana store per each 5,000 persons in a
  466  locality with a population over 20,000.
  467         (b)Two retail marijuana stores in a locality with a
  468  population of at least 5,001 but less than 20,000.
  469         (c)One retail marijuana store in a locality with a
  470  population of at least 2,000 but less than 5,001.
  471  
  472  The division may license one retail marijuana store in a
  473  locality where the population is less than 2,000 if the locality
  474  has not prohibited retail marijuana stores. The division may
  475  grant a locality’s request to allow additional marijuana stores.
  476  The division may consider the impact of seasonal population or
  477  tourism and other related information provided by the locality
  478  requesting an additional marijuana establishment location.
  479         (6)Upon denial of an application, the division shall
  480  notify the applicant in writing of the specific reason for the
  481  denial.
  482         (7)All licenses under this part are valid for 1 year after
  483  the date of issuance.
  484         (8)A prospective licensee as a marijuana establishment:
  485         (a)May not have been convicted of a disqualifying drug
  486  offense. For purposes of this section, “disqualifying drug
  487  offense” means a conviction for a violation of a state or
  488  federal controlled substance law that is a crime punishable by
  489  imprisonment for 1 year or more. It does not include an offense
  490  for which the sentence, including any term of probation,
  491  incarceration, or supervised release, was completed 10 or more
  492  years before application for licensure or an offense that
  493  consisted of conduct that would be permitted under this part.
  494         (b)May not have had a previous license revoked for a
  495  marijuana establishment.
  496         (c)If the applicant is a corporation, may not be issued a
  497  license if any of the principal officers of the corporation
  498  would be personally ineligible under paragraph (a) or paragraph
  499  (b).
  500         (9)A marijuana establishment:
  501         (a)May not be located within 500 feet of the property line
  502  of a preexisting public or private school. The distance must be
  503  measured from the main entrance of the marijuana establishment
  504  to the main entrance of the school by the ordinary course of
  505  travel.
  506         (b)Shall implement appropriate security measures,
  507  consistent with rules issued by the division, which are designed
  508  to prevent:
  509         1.Unauthorized entrance into areas containing marijuana.
  510         2.The theft of marijuana located on the premises or in
  511  transit to or from the premises by the licensee.
  512         3.Tampering with or adulteration of the marijuana
  513  products.
  514         4.Unauthorized access to marijuana or marijuana
  515  accessories.
  516         5.Access to marijuana by or sales of marijuana to minors.
  517         (c)Shall prepare and maintain documents that include
  518  procedures for the oversight of all aspects of operations and
  519  procedures to ensure accurate recordkeeping.
  520         (d)Shall make available for inspection its license at the
  521  premises to which that license applies. A licensee may not
  522  refuse a representative of the division the right at any time to
  523  inspect the entire licensed premises or to audit the books and
  524  records of the licensee.
  525         (e)May not sell marijuana to a person under 21 years of
  526  age or to a visibly intoxicated person.
  527         (f)If the licensee is a retail marijuana store, it may not
  528  allow a minor to enter or remain on the premises unless the
  529  minor is an employee of the division, a law enforcement officer,
  530  emergency personnel, or a contractor performing work on the
  531  facility that is not directly related to marijuana, such as
  532  installing or maintaining security devices or performing
  533  electrical wiring.
  534         (g)May not sell marijuana between the hours of 1 a.m. and
  535  6 a.m.
  536         (h)May not employ as a manager or leave in charge of the
  537  licensed premises any person who, by reason of conviction for a
  538  disqualifying drug offense or because of a revocation of that
  539  person’s marijuana establishment license, is not eligible for a
  540  marijuana establishment license.
  541         (i)If a retail marijuana store, may not offer any free
  542  merchandise, a rebate, or a gift to a consumer.
  543         (j)If a retail marijuana store, may only sell or furnish
  544  marijuana to a consumer from the premises licensed by the
  545  department. A retail marijuana store may not, either directly or
  546  indirectly, by any agent or employee, travel from locality to
  547  locality, or from place to place within the same locality,
  548  selling, bartering, carrying for sale, or exposing for sale
  549  marijuana from a vehicle.
  550         (10)A person who intentionally provides false information
  551  on an application for a marijuana establishment license violates
  552  s. 837.06.
  553         (11)When a licensee’s license expires:
  554         (a)A licensee who unintentionally fails to renew a license
  555  upon its expiration date and continues to engage in activities
  556  allowed by s. 566.034 may not be charged with illegal sales for
  557  a period of 7 days after the expiration date. A licensee who
  558  continues to make sales of marijuana after having been properly
  559  notified of the expired license may be charged with illegally
  560  selling marijuana.
  561         (b)At least 30 days before expiration of a licensee’s
  562  license issued under this part, the division shall notify the
  563  licensee by the most expedient means available:
  564         1.That the licensee’s license is scheduled to expire.
  565         2.The date of expiration.
  566         3.That all sales of marijuana must be suspended after the
  567  date of expiration and remain suspended until the license is
  568  properly renewed.
  569  
  570  Failure by the division to notify a licensee pursuant to this
  571  paragraph does not excuse a licensee from being charged with a
  572  violation of this part.
  573         566.037Local control.—
  574         (1)A locality may prohibit the operation of one or more
  575  types of marijuana establishments through the enactment of an
  576  ordinance.
  577         (2)If a locality does not prohibit the operation of a
  578  marijuana establishment pursuant to subsection (1), the
  579  following apply:
  580         (a)No later than September 1, 2020, a locality may enact
  581  an ordinance or regulation specifying the entity within the
  582  locality that is responsible for processing applications
  583  submitted for a licensee to operate a marijuana establishment
  584  within the boundaries of the locality. The locality may provide
  585  that the entity may issue such licenses if issuance by the
  586  locality becomes necessary because of a failure by the division
  587  to adopt rules pursuant to s. 566.035 or because of a failure by
  588  the division to process and issue licenses as required by s.
  589  566.036.
  590         (b)A locality may enact ordinances, rules, or regulations
  591  pursuant to this paragraph as long as those ordinances, rules,
  592  or regulations do not conflict with this section or with rules
  593  issued pursuant to s. 566.035. The ordinances may:
  594         1.Govern the time, place, and manner of operations and
  595  number of marijuana establishments.
  596         2.Establish procedures for the issuance, suspension, and
  597  revocation of a license issued by the locality in accordance
  598  with paragraph (c) or paragraph (d).
  599         3.Establish a schedule of annual operating, licensing, and
  600  application fees for a marijuana establishment. This
  601  subparagraph applies only if the application fee or licensing
  602  fee is submitted to a locality in accordance with paragraph (c)
  603  or (d).
  604         4.Establish noncriminal penalties for violation of an
  605  ordinance, rule, or regulation governing the time, place, and
  606  manner that a marijuana establishment may operate in that
  607  locality.
  608         (c)If the division does not begin issuing licenses by
  609  January 1, 2021, an applicant may submit an application directly
  610  to the locality in which it wants to operate. A locality that
  611  receives an application pursuant to this paragraph shall issue a
  612  license to an applicant within 90 days after receipt of the
  613  application unless the locality finds, and notifies the
  614  applicant, that the applicant is not in compliance with an
  615  ordinance, rule, or regulation made pursuant to s. 566.035 or
  616  paragraph (b) in effect at the time of application. The locality
  617  shall notify the division if the locality issues an annual
  618  license to the applicant.
  619         (d)If the division does not issue a license to an
  620  applicant within 90 days after receipt of the application filed
  621  in accordance with s. 566.036 and does not notify the applicant
  622  of the specific reason for denial, in writing and within 90 days
  623  after receipt of the application, the applicant may resubmit its
  624  application directly to the locality and the locality may issue
  625  an annual license to the applicant. A locality issuing a license
  626  to an applicant shall do so within 90 days after receipt of the
  627  resubmitted application unless the locality finds, and notifies
  628  the applicant, that the applicant is not in compliance with an
  629  ordinance, rule, or regulation made under s. 566.035 or
  630  paragraph (b) in effect at the time the application is
  631  resubmitted. The locality shall notify the division if the
  632  locality issues an annual license to the applicant. If an
  633  application is submitted to a locality under this paragraph, the
  634  division shall forward to the locality the application fee paid
  635  by the applicant to the division upon request by the locality.
  636         (e)A license issued by a locality in accordance with
  637  paragraph (c) or paragraph (d) has the same effect as a license
  638  issued by the division in accordance with s. 566.036 and the
  639  holder of that license is not subject to regulation or
  640  enforcement by the division during the term of that license. A
  641  subsequent or renewed license may be issued under this paragraph
  642  on an annual basis if the division has not adopted rules
  643  required by s. 566.035 at least 90 days before the date upon
  644  which such subsequent or renewed license would be effective, or
  645  if the division has adopted rules pursuant to 566.041 but has
  646  not, at least 90 days after the adoption of those rules, issued
  647  any marijuana establishment licenses pursuant to s. 566.036.
  648         566.038Defense of state law.—The Attorney General shall to
  649  the best of the abilities of the office and in good faith
  650  advocate to quash any federal subpoena for records involving
  651  marijuana establishments.
  652         566.039Research.—Notwithstanding the provisions of this
  653  part regulating the distribution of marijuana, a scientific or
  654  medical researcher who has previously published peer-reviewed
  655  research may purchase, possess, and securely store marijuana for
  656  purposes of conducting research. A scientific or medical
  657  researcher may administer and distribute marijuana to a
  658  participant in research who is at least 21 years of age after
  659  receiving informed consent from that participant.
  660         566.040Construction.—
  661         (1)EMPLOYMENT POLICIES.—This chapter does not require an
  662  employer to permit or accommodate the use, consumption,
  663  possession, transfer, display, transportation, sale, or growing
  664  of marijuana in the workplace or to affect the ability of
  665  employers to have policies restricting the use of marijuana by
  666  their employees.
  667         (2)OPERATING UNDER THE INFLUENCE.—This chapter does not
  668  exempt a person from the laws prohibiting operating any motor
  669  vehicle or off-highway vehicle within this state under the
  670  influence of alcoholic beverages or controlled substances under
  671  chapter 316 or chapter 327.
  672         (3)TRANSFER TO MINOR.—This chapter does not permit the
  673  transfer of marijuana, with or without remuneration, to a minor
  674  or to allow a minor to purchase, possess, use, transport, grow,
  675  or consume marijuana.
  676         (4)RESTRICTION ON USE OF PROPERTY.—This chapter does not
  677  prohibit a person, an employer, a school, a hospital, a
  678  detention facility, a corporation, or other entity that
  679  occupies, owns, or controls real property from prohibiting or
  680  otherwise regulating the possession, consumption, use, display,
  681  transfer, distribution, sale, transportation, or growing of
  682  marijuana on or in that real property.
  683         (5)COMPASSIONATE USE OF LOW-THC CANNABIS.—This chapter
  684  does not apply to the compassionate use of low-THC cannabis
  685  under s. 381.986.
  686         566.041Rulemaking.—The division shall adopt any rules
  687  necessary to administer and enforce the provisions of this
  688  chapter.
  689         566.042Good moral character.—Engaging in conduct allowed
  690  by this chapter may not be the basis for a finding of a lack of
  691  good moral character as that term is used in the Florida
  692  Statutes.
  693         Section 5. Section 566.037, Florida Statues, as created by
  694  this act, which relates to local control, shall take effect upon
  695  this act becoming a law.
  696         Section 6. Rulemaking.—This section shall take effect upon
  697  this act becoming a law.
  698         (1)By June 1, 2020, the Division of Alcoholic Beverages,
  699  Marijuana, and Tobacco of the Department of Business and
  700  Professional Regulation shall adopt emergency rules for the
  701  administration and the enforcement of laws regulating and
  702  licensing marijuana establishments pursuant to part II of
  703  chapter 566, Florida Statutes, as created by this act. These
  704  rules must be developed by the division and may not be
  705  contracted out to an entity outside the division. These rules
  706  may not prohibit the operation of marijuana establishments,
  707  either expressly or through restrictions that make the operation
  708  of marijuana establishments unreasonably impracticable. The
  709  emergency rules shall remain in effect for 6 months after
  710  adoption and may be renewed during the pendency of procedures to
  711  adopt rules addressing the subject of the emergency rules. As
  712  used in this section, “unreasonably impracticable” means that
  713  the measures necessary to comply with the rules require such a
  714  high investment of risk, money, time, or other resource or asset
  715  that the operation of a marijuana establishment is not worthy of
  716  being carried out in practice by a reasonably prudent
  717  businessperson.
  718         (2)Rules adopted pursuant to this section must include:
  719         (a)Provisions for administering and enforcing part II of
  720  chapter 566, Florida Statutes, including oversight requirements
  721  and noncriminal penalties for violations.
  722         (b)The form and content of applications for each type of
  723  marijuana establishment license, registration renewal forms, and
  724  associated licensing and renewal fee schedules, except that an
  725  application, licensing, or renewal fee may not exceed $5,000.
  726         (c)Procedures allowing an applicant who has been denied a
  727  license due to failure to meet the requirements for licensing to
  728  correct the reason for failure.
  729         (d)Procedures and timelines for background checks and
  730  appeals.
  731         (e)Rules governing the transfer of a license, which must
  732  be substantially the same as rules governing the transfer of a
  733  beverage license under chapter 561, Florida Statutes.
  734         (f)Minimum standards for employment, including
  735  requirements for background checks, restrictions against hiring
  736  persons under 21 years of age, and safeguards to protect against
  737  unauthorized employee access to marijuana.
  738         (g)Minimum recordkeeping requirements, including the
  739  recording of the disposal of marijuana that is not sold. Rules
  740  developed pursuant to this subsection may not require a consumer
  741  to provide a retail marijuana store with personal information
  742  other than government-issued identification to determine the
  743  consumer’s age or require the retail marijuana store to acquire
  744  and record personal information about its consumers.
  745         (h)Health and safety rules and standards for the
  746  manufacture of marijuana products and the cultivation of
  747  marijuana.
  748         (i)Labeling requirements for marijuana and marijuana
  749  products sold or distributed by a marijuana establishment.
  750         (j)Restrictions on the advertising, signage, and display
  751  of marijuana and marijuana products.
  752         (k)Minimum security requirements, including standards to
  753  reasonably protect against unauthorized access to marijuana at
  754  all stages of the licensee’s possession, transportation,
  755  storage, and cultivation of marijuana. Such security
  756  requirements may not prohibit outdoor cultivation in an
  757  enclosed, secured space.
  758         (l)Procedures for enforcing s. 566.036(9) and (10),
  759  Florida Statutes, including noncriminal penalties for
  760  violations, procedures for suspending or terminating the license
  761  of a licensee who violates licensing provisions or the rules
  762  adopted pursuant to this section, and procedures for appeals of
  763  penalties or licensing actions.
  764         (m)Any other oversight requirements that the division
  765  determines are necessary to administer the laws relating to
  766  licensing marijuana establishments.
  767         (3)Rules adopted pursuant to this section may not prohibit
  768  a locality, as defined in s. 566.031, Florida Statutes, from
  769  limiting the number of each type of licensee who may operate in
  770  the locality or from enacting reasonable regulations applicable
  771  to licensees.
  772         Section 7. Paragraph (p) of subsection (1) of section
  773  500.03, Florida Statutes, is amended to read:
  774         500.03 Definitions; construction; applicability.—
  775         (1) For the purpose of this chapter, the term:
  776         (p) “Food establishment” means a factory, food outlet, or
  777  other facility manufacturing, processing, packing, holding, or
  778  preparing food or selling food at wholesale or retail. The term
  779  does not include a business or activity that is regulated under
  780  s. 413.051, s. 500.80, chapter 509, or chapter 601. The term
  781  includes a retail marijuana store that sells food containing
  782  marijuana pursuant to chapter 566. The term includes tomato
  783  packinghouses and repackers but does not include any other
  784  establishments that pack fruits and vegetables in their raw or
  785  natural states, including those fruits or vegetables that are
  786  washed, colored, or otherwise treated in their unpeeled, natural
  787  form before they are marketed.
  788         Section 8. Section 500.105, Florida Statutes, is created to
  789  read:
  790         500.105Retail marijuana store food products containing
  791  marijuana.—Food products containing marijuana that are prepared
  792  in a food establishment that holds a permit under s. 500.12, if
  793  required, and that are sold by a retail marijuana store licensed
  794  under chapter 566 are not considered adulterated under this
  795  chapter due to the presence of marijuana.
  796         Section 9. Subsection (1) of section 562.13, Florida
  797  Statutes, is amended to read:
  798         562.13 Employment of minors or certain other persons by
  799  certain vendors prohibited; exceptions.—
  800         (1) Unless otherwise provided in this section, it is
  801  unlawful for any vendor licensed under the Beverage Law or a
  802  licensee under chapter 566 to employ any person under 18 years
  803  of age.
  804         Section 10. Subsection (1) of section 569.0073, Florida
  805  Statutes, is amended to read:
  806         569.0073 Special provisions; smoking pipes and smoking
  807  devices.—
  808         (1) It is unlawful for any person to offer for sale at
  809  retail any of the items listed in subsection (2) unless such
  810  person:
  811         (a) Has a retail tobacco products dealer permit under s.
  812  569.003 or is a marijuana establishment licensed under s.
  813  566.036. The provisions of this chapter apply to any person that
  814  offers for retail sale any of the items listed in subsection
  815  (2); and
  816         (b)1. Derives at least 75 percent of its annual gross
  817  revenues from the retail sale of cigarettes, cigars, and other
  818  tobacco products or marijuana products sold in compliance with
  819  chapter 566; or
  820         2. Derives no more than 25 percent of its annual gross
  821  revenues from the retail sale of the items listed in subsection
  822  (2).
  823         Section 11. Subsection (10) of section 893.13, Florida
  824  Statutes, is renumbered as subsection (11), and a new subsection
  825  (10) is added to that section, to read:
  826         893.13 Prohibited acts; penalties.—
  827         (10)Subsections (1)-(8) are not applicable to conduct
  828  authorized under chapter 566.
  829         Section 12. Subsection (1) of section 893.135, Florida
  830  Statutes, is amended to read:
  831         893.135 Trafficking; mandatory sentences; suspension or
  832  reduction of sentences; conspiracy to engage in trafficking.—
  833         (1) Except as authorized in this chapter, or in chapter
  834  499, or chapter 566 and notwithstanding the provisions of s.
  835  893.13:
  836         (a) Any person who knowingly sells, purchases,
  837  manufactures, delivers, or brings into this state, or who is
  838  knowingly in actual or constructive possession of, in excess of
  839  25 pounds of cannabis, or 300 or more cannabis plants, commits a
  840  felony of the first degree, which felony shall be known as
  841  “trafficking in cannabis,” punishable as provided in s. 775.082,
  842  s. 775.083, or s. 775.084. If the quantity of cannabis involved:
  843         1. Is in excess of 25 pounds, but less than 2,000 pounds,
  844  or is 300 or more cannabis plants, but not more than 2,000
  845  cannabis plants, such person shall be sentenced to a mandatory
  846  minimum term of imprisonment of 3 years, and the defendant shall
  847  be ordered to pay a fine of $25,000.
  848         2. Is 2,000 pounds or more, but less than 10,000 pounds, or
  849  is 2,000 or more cannabis plants, but not more than 10,000
  850  cannabis plants, such person shall be sentenced to a mandatory
  851  minimum term of imprisonment of 7 years, and the defendant shall
  852  be ordered to pay a fine of $50,000.
  853         3. Is 10,000 pounds or more, or is 10,000 or more cannabis
  854  plants, such person shall be sentenced to a mandatory minimum
  855  term of imprisonment of 15 calendar years and pay a fine of
  856  $200,000.
  857  
  858  For the purpose of this paragraph, a plant, including, but not
  859  limited to, a seedling or cutting, is a “cannabis plant” if it
  860  has some readily observable evidence of root formation, such as
  861  root hairs. To determine if a piece or part of a cannabis plant
  862  severed from the cannabis plant is itself a cannabis plant, the
  863  severed piece or part must have some readily observable evidence
  864  of root formation, such as root hairs. Callous tissue is not
  865  readily observable evidence of root formation. The viability and
  866  sex of a plant and the fact that the plant may or may not be a
  867  dead harvested plant are not relevant in determining if the
  868  plant is a “cannabis plant” or in the charging of an offense
  869  under this paragraph. Upon conviction, the court shall impose
  870  the longest term of imprisonment provided for in this paragraph.
  871         (b)1. Any person who knowingly sells, purchases,
  872  manufactures, delivers, or brings into this state, or who is
  873  knowingly in actual or constructive possession of, 28 grams or
  874  more of cocaine, as described in s. 893.03(2)(a)4., or of any
  875  mixture containing cocaine, but less than 150 kilograms of
  876  cocaine or any such mixture, commits a felony of the first
  877  degree, which felony shall be known as “trafficking in cocaine,”
  878  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  879  If the quantity involved:
  880         a. Is 28 grams or more, but less than 200 grams, such
  881  person shall be sentenced to a mandatory minimum term of
  882  imprisonment of 3 years, and the defendant shall be ordered to
  883  pay a fine of $50,000.
  884         b. Is 200 grams or more, but less than 400 grams, such
  885  person shall be sentenced to a mandatory minimum term of
  886  imprisonment of 7 years, and the defendant shall be ordered to
  887  pay a fine of $100,000.
  888         c. Is 400 grams or more, but less than 150 kilograms, such
  889  person shall be sentenced to a mandatory minimum term of
  890  imprisonment of 15 calendar years and pay a fine of $250,000.
  891         2. Any person who knowingly sells, purchases, manufactures,
  892  delivers, or brings into this state, or who is knowingly in
  893  actual or constructive possession of, 150 kilograms or more of
  894  cocaine, as described in s. 893.03(2)(a)4., commits the first
  895  degree felony of trafficking in cocaine. A person who has been
  896  convicted of the first degree felony of trafficking in cocaine
  897  under this subparagraph shall be punished by life imprisonment
  898  and is ineligible for any form of discretionary early release
  899  except pardon or executive clemency or conditional medical
  900  release under s. 947.149. However, if the court determines that,
  901  in addition to committing any act specified in this paragraph:
  902         a. The person intentionally killed an individual or
  903  counseled, commanded, induced, procured, or caused the
  904  intentional killing of an individual and such killing was the
  905  result; or
  906         b. The person’s conduct in committing that act led to a
  907  natural, though not inevitable, lethal result,
  908  
  909  such person commits the capital felony of trafficking in
  910  cocaine, punishable as provided in ss. 775.082 and 921.142. Any
  911  person sentenced for a capital felony under this paragraph shall
  912  also be sentenced to pay the maximum fine provided under
  913  subparagraph 1.
  914         3. Any person who knowingly brings into this state 300
  915  kilograms or more of cocaine, as described in s. 893.03(2)(a)4.,
  916  and who knows that the probable result of such importation would
  917  be the death of any person, commits capital importation of
  918  cocaine, a capital felony punishable as provided in ss. 775.082
  919  and 921.142. Any person sentenced for a capital felony under
  920  this paragraph shall also be sentenced to pay the maximum fine
  921  provided under subparagraph 1.
  922         (c)1. A person who knowingly sells, purchases,
  923  manufactures, delivers, or brings into this state, or who is
  924  knowingly in actual or constructive possession of, 4 grams or
  925  more of any morphine, opium, hydromorphone, or any salt,
  926  derivative, isomer, or salt of an isomer thereof, including
  927  heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or
  928  (3)(c)4., or 4 grams or more of any mixture containing any such
  929  substance, but less than 30 kilograms of such substance or
  930  mixture, commits a felony of the first degree, which felony
  931  shall be known as “trafficking in illegal drugs,” punishable as
  932  provided in s. 775.082, s. 775.083, or s. 775.084. If the
  933  quantity involved:
  934         a. Is 4 grams or more, but less than 14 grams, such person
  935  shall be sentenced to a mandatory minimum term of imprisonment
  936  of 3 years and shall be ordered to pay a fine of $50,000.
  937         b. Is 14 grams or more, but less than 28 grams, such person
  938  shall be sentenced to a mandatory minimum term of imprisonment
  939  of 15 years and shall be ordered to pay a fine of $100,000.
  940         c. Is 28 grams or more, but less than 30 kilograms, such
  941  person shall be sentenced to a mandatory minimum term of
  942  imprisonment of 25 years and shall be ordered to pay a fine of
  943  $500,000.
  944         2. A person who knowingly sells, purchases, manufactures,
  945  delivers, or brings into this state, or who is knowingly in
  946  actual or constructive possession of, 14 grams or more of
  947  hydrocodone, as described in s. 893.03(2)(a)1.k., codeine, as
  948  described in s. 893.03(2)(a)1.g., or any salt thereof, or 14
  949  grams or more of any mixture containing any such substance,
  950  commits a felony of the first degree, which felony shall be
  951  known as “trafficking in hydrocodone,” punishable as provided in
  952  s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
  953         a. Is 14 grams or more, but less than 28 grams, such person
  954  shall be sentenced to a mandatory minimum term of imprisonment
  955  of 3 years and shall be ordered to pay a fine of $50,000.
  956         b. Is 28 grams or more, but less than 50 grams, such person
  957  shall be sentenced to a mandatory minimum term of imprisonment
  958  of 7 years and shall be ordered to pay a fine of $100,000.
  959         c. Is 50 grams or more, but less than 200 grams, such
  960  person shall be sentenced to a mandatory minimum term of
  961  imprisonment of 15 years and shall be ordered to pay a fine of
  962  $500,000.
  963         d. Is 200 grams or more, but less than 30 kilograms, such
  964  person shall be sentenced to a mandatory minimum term of
  965  imprisonment of 25 years and shall be ordered to pay a fine of
  966  $750,000.
  967         3. A person who knowingly sells, purchases, manufactures,
  968  delivers, or brings into this state, or who is knowingly in
  969  actual or constructive possession of, 7 grams or more of
  970  oxycodone, as described in s. 893.03(2)(a)1.q., or any salt
  971  thereof, or 7 grams or more of any mixture containing any such
  972  substance, commits a felony of the first degree, which felony
  973  shall be known as “trafficking in oxycodone,” punishable as
  974  provided in s. 775.082, s. 775.083, or s. 775.084. If the
  975  quantity involved:
  976         a. Is 7 grams or more, but less than 14 grams, such person
  977  shall be sentenced to a mandatory minimum term of imprisonment
  978  of 3 years and shall be ordered to pay a fine of $50,000.
  979         b. Is 14 grams or more, but less than 25 grams, such person
  980  shall be sentenced to a mandatory minimum term of imprisonment
  981  of 7 years and shall be ordered to pay a fine of $100,000.
  982         c. Is 25 grams or more, but less than 100 grams, such
  983  person shall be sentenced to a mandatory minimum term of
  984  imprisonment of 15 years and shall be ordered to pay a fine of
  985  $500,000.
  986         d. Is 100 grams or more, but less than 30 kilograms, such
  987  person shall be sentenced to a mandatory minimum term of
  988  imprisonment of 25 years and shall be ordered to pay a fine of
  989  $750,000.
  990         4.a. A person who knowingly sells, purchases, manufactures,
  991  delivers, or brings into this state, or who is knowingly in
  992  actual or constructive possession of, 4 grams or more of:
  993         (I) Alfentanil, as described in s. 893.03(2)(b)1.;
  994         (II) Carfentanil, as described in s. 893.03(2)(b)6.;
  995         (III) Fentanyl, as described in s. 893.03(2)(b)9.;
  996         (IV) Sufentanil, as described in s. 893.03(2)(b)30.;
  997         (V) A fentanyl derivative, as described in s.
  998  893.03(1)(a)62.;
  999         (VI) A controlled substance analog, as described in s.
 1000  893.0356, of any substance described in sub-sub-subparagraphs
 1001  (I)-(V); or
 1002         (VII) A mixture containing any substance described in sub
 1003  sub-subparagraphs (I)-(VI),
 1004  
 1005  commits a felony of the first degree, which felony shall be
 1006  known as “trafficking in fentanyl,” punishable as provided in s.
 1007  775.082, s. 775.083, or s. 775.084.
 1008         b. If the quantity involved under sub-subparagraph a.:
 1009         (I) Is 4 grams or more, but less than 14 grams, such person
 1010  shall be sentenced to a mandatory minimum term of imprisonment
 1011  of 3 years, and shall be ordered to pay a fine of $50,000.
 1012         (II) Is 14 grams or more, but less than 28 grams, such
 1013  person shall be sentenced to a mandatory minimum term of
 1014  imprisonment of 15 years, and shall be ordered to pay a fine of
 1015  $100,000.
 1016         (III) Is 28 grams or more, such person shall be sentenced
 1017  to a mandatory minimum term of imprisonment of 25 years, and
 1018  shall be ordered to pay a fine of $500,000.
 1019         5. A person who knowingly sells, purchases, manufactures,
 1020  delivers, or brings into this state, or who is knowingly in
 1021  actual or constructive possession of, 30 kilograms or more of
 1022  any morphine, opium, oxycodone, hydrocodone, codeine,
 1023  hydromorphone, or any salt, derivative, isomer, or salt of an
 1024  isomer thereof, including heroin, as described in s.
 1025  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or
 1026  more of any mixture containing any such substance, commits the
 1027  first degree felony of trafficking in illegal drugs. A person
 1028  who has been convicted of the first degree felony of trafficking
 1029  in illegal drugs under this subparagraph shall be punished by
 1030  life imprisonment and is ineligible for any form of
 1031  discretionary early release except pardon or executive clemency
 1032  or conditional medical release under s. 947.149. However, if the
 1033  court determines that, in addition to committing any act
 1034  specified in this paragraph:
 1035         a. The person intentionally killed an individual or
 1036  counseled, commanded, induced, procured, or caused the
 1037  intentional killing of an individual and such killing was the
 1038  result; or
 1039         b. The person’s conduct in committing that act led to a
 1040  natural, though not inevitable, lethal result,
 1041  
 1042  such person commits the capital felony of trafficking in illegal
 1043  drugs, punishable as provided in ss. 775.082 and 921.142. A
 1044  person sentenced for a capital felony under this paragraph shall
 1045  also be sentenced to pay the maximum fine provided under
 1046  subparagraph 1.
 1047         6. A person who knowingly brings into this state 60
 1048  kilograms or more of any morphine, opium, oxycodone,
 1049  hydrocodone, codeine, hydromorphone, or any salt, derivative,
 1050  isomer, or salt of an isomer thereof, including heroin, as
 1051  described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or
 1052  60 kilograms or more of any mixture containing any such
 1053  substance, and who knows that the probable result of such
 1054  importation would be the death of a person, commits capital
 1055  importation of illegal drugs, a capital felony punishable as
 1056  provided in ss. 775.082 and 921.142. A person sentenced for a
 1057  capital felony under this paragraph shall also be sentenced to
 1058  pay the maximum fine provided under subparagraph 1.
 1059         (d)1. Any person who knowingly sells, purchases,
 1060  manufactures, delivers, or brings into this state, or who is
 1061  knowingly in actual or constructive possession of, 28 grams or
 1062  more of phencyclidine, as described in s. 893.03(2)(b)23., a
 1063  substituted phenylcyclohexylamine, as described in s.
 1064  893.03(1)(c)195., or a substance described in s.
 1065  893.03(1)(c)13., 32., 38., 103., or 146., or of any mixture
 1066  containing phencyclidine, as described in s. 893.03(2)(b)23., a
 1067  substituted phenylcyclohexylamine, as described in s.
 1068  893.03(1)(c)195., or a substance described in s.
 1069  893.03(1)(c)13., 32., 38., 103., or 146., commits a felony of
 1070  the first degree, which felony shall be known as “trafficking in
 1071  phencyclidine,” punishable as provided in s. 775.082, s.
 1072  775.083, or s. 775.084. If the quantity involved:
 1073         a. Is 28 grams or more, but less than 200 grams, such
 1074  person shall be sentenced to a mandatory minimum term of
 1075  imprisonment of 3 years, and the defendant shall be ordered to
 1076  pay a fine of $50,000.
 1077         b. Is 200 grams or more, but less than 400 grams, such
 1078  person shall be sentenced to a mandatory minimum term of
 1079  imprisonment of 7 years, and the defendant shall be ordered to
 1080  pay a fine of $100,000.
 1081         c. Is 400 grams or more, such person shall be sentenced to
 1082  a mandatory minimum term of imprisonment of 15 calendar years
 1083  and pay a fine of $250,000.
 1084         2. Any person who knowingly brings into this state 800
 1085  grams or more of phencyclidine, as described in s.
 1086  893.03(2)(b)23., a substituted phenylcyclohexylamine, as
 1087  described in s. 893.03(1)(c)195., or a substance described in s.
 1088  893.03(1)(c)13., 32., 38., 103., or 146., or of any mixture
 1089  containing phencyclidine, as described in s. 893.03(2)(b)23., a
 1090  substituted phenylcyclohexylamine, as described in s.
 1091  893.03(1)(c)195., or a substance described in s.
 1092  893.03(1)(c)13., 32., 38., 103., or 146., and who knows that the
 1093  probable result of such importation would be the death of any
 1094  person commits capital importation of phencyclidine, a capital
 1095  felony punishable as provided in ss. 775.082 and 921.142. Any
 1096  person sentenced for a capital felony under this paragraph shall
 1097  also be sentenced to pay the maximum fine provided under
 1098  subparagraph 1.
 1099         (e)1. Any person who knowingly sells, purchases,
 1100  manufactures, delivers, or brings into this state, or who is
 1101  knowingly in actual or constructive possession of, 200 grams or
 1102  more of methaqualone or of any mixture containing methaqualone,
 1103  as described in s. 893.03(1)(d), commits a felony of the first
 1104  degree, which felony shall be known as “trafficking in
 1105  methaqualone,” punishable as provided in s. 775.082, s. 775.083,
 1106  or s. 775.084. If the quantity involved:
 1107         a. Is 200 grams or more, but less than 5 kilograms, such
 1108  person shall be sentenced to a mandatory minimum term of
 1109  imprisonment of 3 years, and the defendant shall be ordered to
 1110  pay a fine of $50,000.
 1111         b. Is 5 kilograms or more, but less than 25 kilograms, such
 1112  person shall be sentenced to a mandatory minimum term of
 1113  imprisonment of 7 years, and the defendant shall be ordered to
 1114  pay a fine of $100,000.
 1115         c. Is 25 kilograms or more, such person shall be sentenced
 1116  to a mandatory minimum term of imprisonment of 15 calendar years
 1117  and pay a fine of $250,000.
 1118         2. Any person who knowingly brings into this state 50
 1119  kilograms or more of methaqualone or of any mixture containing
 1120  methaqualone, as described in s. 893.03(1)(d), and who knows
 1121  that the probable result of such importation would be the death
 1122  of any person commits capital importation of methaqualone, a
 1123  capital felony punishable as provided in ss. 775.082 and
 1124  921.142. Any person sentenced for a capital felony under this
 1125  paragraph shall also be sentenced to pay the maximum fine
 1126  provided under subparagraph 1.
 1127         (f)1. Any person who knowingly sells, purchases,
 1128  manufactures, delivers, or brings into this state, or who is
 1129  knowingly in actual or constructive possession of, 14 grams or
 1130  more of amphetamine, as described in s. 893.03(2)(c)2., or
 1131  methamphetamine, as described in s. 893.03(2)(c)5., or of any
 1132  mixture containing amphetamine or methamphetamine, or
 1133  phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine
 1134  in conjunction with other chemicals and equipment utilized in
 1135  the manufacture of amphetamine or methamphetamine, commits a
 1136  felony of the first degree, which felony shall be known as
 1137  “trafficking in amphetamine,” punishable as provided in s.
 1138  775.082, s. 775.083, or s. 775.084. If the quantity involved:
 1139         a. Is 14 grams or more, but less than 28 grams, such person
 1140  shall be sentenced to a mandatory minimum term of imprisonment
 1141  of 3 years, and the defendant shall be ordered to pay a fine of
 1142  $50,000.
 1143         b. Is 28 grams or more, but less than 200 grams, such
 1144  person shall be sentenced to a mandatory minimum term of
 1145  imprisonment of 7 years, and the defendant shall be ordered to
 1146  pay a fine of $100,000.
 1147         c. Is 200 grams or more, such person shall be sentenced to
 1148  a mandatory minimum term of imprisonment of 15 calendar years
 1149  and pay a fine of $250,000.
 1150         2. Any person who knowingly manufactures or brings into
 1151  this state 400 grams or more of amphetamine, as described in s.
 1152  893.03(2)(c)2., or methamphetamine, as described in s.
 1153  893.03(2)(c)5., or of any mixture containing amphetamine or
 1154  methamphetamine, or phenylacetone, phenylacetic acid,
 1155  pseudoephedrine, or ephedrine in conjunction with other
 1156  chemicals and equipment used in the manufacture of amphetamine
 1157  or methamphetamine, and who knows that the probable result of
 1158  such manufacture or importation would be the death of any person
 1159  commits capital manufacture or importation of amphetamine, a
 1160  capital felony punishable as provided in ss. 775.082 and
 1161  921.142. Any person sentenced for a capital felony under this
 1162  paragraph shall also be sentenced to pay the maximum fine
 1163  provided under subparagraph 1.
 1164         (g)1. Any person who knowingly sells, purchases,
 1165  manufactures, delivers, or brings into this state, or who is
 1166  knowingly in actual or constructive possession of, 4 grams or
 1167  more of flunitrazepam or any mixture containing flunitrazepam as
 1168  described in s. 893.03(1)(a) commits a felony of the first
 1169  degree, which felony shall be known as “trafficking in
 1170  flunitrazepam,” punishable as provided in s. 775.082, s.
 1171  775.083, or s. 775.084. If the quantity involved:
 1172         a. Is 4 grams or more but less than 14 grams, such person
 1173  shall be sentenced to a mandatory minimum term of imprisonment
 1174  of 3 years, and the defendant shall be ordered to pay a fine of
 1175  $50,000.
 1176         b. Is 14 grams or more but less than 28 grams, such person
 1177  shall be sentenced to a mandatory minimum term of imprisonment
 1178  of 7 years, and the defendant shall be ordered to pay a fine of
 1179  $100,000.
 1180         c. Is 28 grams or more but less than 30 kilograms, such
 1181  person shall be sentenced to a mandatory minimum term of
 1182  imprisonment of 25 calendar years and pay a fine of $500,000.
 1183         2. Any person who knowingly sells, purchases, manufactures,
 1184  delivers, or brings into this state or who is knowingly in
 1185  actual or constructive possession of 30 kilograms or more of
 1186  flunitrazepam or any mixture containing flunitrazepam as
 1187  described in s. 893.03(1)(a) commits the first degree felony of
 1188  trafficking in flunitrazepam. A person who has been convicted of
 1189  the first degree felony of trafficking in flunitrazepam under
 1190  this subparagraph shall be punished by life imprisonment and is
 1191  ineligible for any form of discretionary early release except
 1192  pardon or executive clemency or conditional medical release
 1193  under s. 947.149. However, if the court determines that, in
 1194  addition to committing any act specified in this paragraph:
 1195         a. The person intentionally killed an individual or
 1196  counseled, commanded, induced, procured, or caused the
 1197  intentional killing of an individual and such killing was the
 1198  result; or
 1199         b. The person’s conduct in committing that act led to a
 1200  natural, though not inevitable, lethal result,
 1201  
 1202  such person commits the capital felony of trafficking in
 1203  flunitrazepam, punishable as provided in ss. 775.082 and
 1204  921.142. Any person sentenced for a capital felony under this
 1205  paragraph shall also be sentenced to pay the maximum fine
 1206  provided under subparagraph 1.
 1207         (h)1. Any person who knowingly sells, purchases,
 1208  manufactures, delivers, or brings into this state, or who is
 1209  knowingly in actual or constructive possession of, 1 kilogram or
 1210  more of gamma-hydroxybutyric acid (GHB), as described in s.
 1211  893.03(1)(d), or any mixture containing gamma-hydroxybutyric
 1212  acid (GHB), commits a felony of the first degree, which felony
 1213  shall be known as “trafficking in gamma-hydroxybutyric acid
 1214  (GHB),” punishable as provided in s. 775.082, s. 775.083, or s.
 1215  775.084. If the quantity involved:
 1216         a. Is 1 kilogram or more but less than 5 kilograms, such
 1217  person shall be sentenced to a mandatory minimum term of
 1218  imprisonment of 3 years, and the defendant shall be ordered to
 1219  pay a fine of $50,000.
 1220         b. Is 5 kilograms or more but less than 10 kilograms, such
 1221  person shall be sentenced to a mandatory minimum term of
 1222  imprisonment of 7 years, and the defendant shall be ordered to
 1223  pay a fine of $100,000.
 1224         c. Is 10 kilograms or more, such person shall be sentenced
 1225  to a mandatory minimum term of imprisonment of 15 calendar years
 1226  and pay a fine of $250,000.
 1227         2. Any person who knowingly manufactures or brings into
 1228  this state 150 kilograms or more of gamma-hydroxybutyric acid
 1229  (GHB), as described in s. 893.03(1)(d), or any mixture
 1230  containing gamma-hydroxybutyric acid (GHB), and who knows that
 1231  the probable result of such manufacture or importation would be
 1232  the death of any person commits capital manufacture or
 1233  importation of gamma-hydroxybutyric acid (GHB), a capital felony
 1234  punishable as provided in ss. 775.082 and 921.142. Any person
 1235  sentenced for a capital felony under this paragraph shall also
 1236  be sentenced to pay the maximum fine provided under subparagraph
 1237  1.
 1238         (i)1. Any person who knowingly sells, purchases,
 1239  manufactures, delivers, or brings into this state, or who is
 1240  knowingly in actual or constructive possession of, 1 kilogram or
 1241  more of gamma-butyrolactone (GBL), as described in s.
 1242  893.03(1)(d), or any mixture containing gamma-butyrolactone
 1243  (GBL), commits a felony of the first degree, which felony shall
 1244  be known as “trafficking in gamma-butyrolactone (GBL),”
 1245  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 1246  If the quantity involved:
 1247         a. Is 1 kilogram or more but less than 5 kilograms, such
 1248  person shall be sentenced to a mandatory minimum term of
 1249  imprisonment of 3 years, and the defendant shall be ordered to
 1250  pay a fine of $50,000.
 1251         b. Is 5 kilograms or more but less than 10 kilograms, such
 1252  person shall be sentenced to a mandatory minimum term of
 1253  imprisonment of 7 years, and the defendant shall be ordered to
 1254  pay a fine of $100,000.
 1255         c. Is 10 kilograms or more, such person shall be sentenced
 1256  to a mandatory minimum term of imprisonment of 15 calendar years
 1257  and pay a fine of $250,000.
 1258         2. Any person who knowingly manufactures or brings into the
 1259  state 150 kilograms or more of gamma-butyrolactone (GBL), as
 1260  described in s. 893.03(1)(d), or any mixture containing gamma
 1261  butyrolactone (GBL), and who knows that the probable result of
 1262  such manufacture or importation would be the death of any person
 1263  commits capital manufacture or importation of gamma
 1264  butyrolactone (GBL), a capital felony punishable as provided in
 1265  ss. 775.082 and 921.142. Any person sentenced for a capital
 1266  felony under this paragraph shall also be sentenced to pay the
 1267  maximum fine provided under subparagraph 1.
 1268         (j)1. Any person who knowingly sells, purchases,
 1269  manufactures, delivers, or brings into this state, or who is
 1270  knowingly in actual or constructive possession of, 1 kilogram or
 1271  more of 1,4-Butanediol as described in s. 893.03(1)(d), or of
 1272  any mixture containing 1,4-Butanediol, commits a felony of the
 1273  first degree, which felony shall be known as “trafficking in
 1274  1,4-Butanediol,” punishable as provided in s. 775.082, s.
 1275  775.083, or s. 775.084. If the quantity involved:
 1276         a. Is 1 kilogram or more, but less than 5 kilograms, such
 1277  person shall be sentenced to a mandatory minimum term of
 1278  imprisonment of 3 years, and the defendant shall be ordered to
 1279  pay a fine of $50,000.
 1280         b. Is 5 kilograms or more, but less than 10 kilograms, such
 1281  person shall be sentenced to a mandatory minimum term of
 1282  imprisonment of 7 years, and the defendant shall be ordered to
 1283  pay a fine of $100,000.
 1284         c. Is 10 kilograms or more, such person shall be sentenced
 1285  to a mandatory minimum term of imprisonment of 15 calendar years
 1286  and pay a fine of $500,000.
 1287         2. Any person who knowingly manufactures or brings into
 1288  this state 150 kilograms or more of 1,4-Butanediol as described
 1289  in s. 893.03(1)(d), or any mixture containing 1,4-Butanediol,
 1290  and who knows that the probable result of such manufacture or
 1291  importation would be the death of any person commits capital
 1292  manufacture or importation of 1,4-Butanediol, a capital felony
 1293  punishable as provided in ss. 775.082 and 921.142. Any person
 1294  sentenced for a capital felony under this paragraph shall also
 1295  be sentenced to pay the maximum fine provided under subparagraph
 1296  1.
 1297         (k)1. A person who knowingly sells, purchases,
 1298  manufactures, delivers, or brings into this state, or who is
 1299  knowingly in actual or constructive possession of, 10 grams or
 1300  more of a:
 1301         a. Substance described in s. 893.03(1)(c)4., 5., 10., 11.,
 1302  15., 17., 21.-27., 29., 39., 40.-45., 58., 72.-80., 81.-86.,
 1303  90.-102., 104.-108., 110.-113., 143.-145., 148.-150., 160.-163.,
 1304  165., or 187.-189., a substituted cathinone, as described in s.
 1305  893.03(1)(c)191., or substituted phenethylamine, as described in
 1306  s. 893.03(1)(c)192.;
 1307         b. Mixture containing any substance described in sub
 1308  subparagraph a.; or
 1309         c. Salt, isomer, ester, or ether or salt of an isomer,
 1310  ester, or ether of a substance described in sub-subparagraph a.,
 1311  
 1312  commits a felony of the first degree, which felony shall be
 1313  known as “trafficking in phenethylamines,” punishable as
 1314  provided in s. 775.082, s. 775.083, or s. 775.084.
 1315         2. If the quantity involved under subparagraph 1.:
 1316         a. Is 10 grams or more, but less than 200 grams, such
 1317  person shall be sentenced to a mandatory minimum term of
 1318  imprisonment of 3 years and shall be ordered to pay a fine of
 1319  $50,000.
 1320         b. Is 200 grams or more, but less than 400 grams, such
 1321  person shall be sentenced to a mandatory minimum term of
 1322  imprisonment of 7 years and shall be ordered to pay a fine of
 1323  $100,000.
 1324         c. Is 400 grams or more, such person shall be sentenced to
 1325  a mandatory minimum term of imprisonment of 15 years and shall
 1326  be ordered to pay a fine of $250,000.
 1327         3. A person who knowingly manufactures or brings into this
 1328  state 30 kilograms or more of a substance described in sub
 1329  subparagraph 1.a., a mixture described in sub-subparagraph 1.b.,
 1330  or a salt, isomer, ester, or ether or a salt of an isomer,
 1331  ester, or ether described in sub-subparagraph 1.c., and who
 1332  knows that the probable result of such manufacture or
 1333  importation would be the death of any person commits capital
 1334  manufacture or importation of phenethylamines, a capital felony
 1335  punishable as provided in ss. 775.082 and 921.142. A person
 1336  sentenced for a capital felony under this paragraph shall also
 1337  be sentenced to pay the maximum fine under subparagraph 2.
 1338         (l)1. Any person who knowingly sells, purchases,
 1339  manufactures, delivers, or brings into this state, or who is
 1340  knowingly in actual or constructive possession of, 1 gram or
 1341  more of lysergic acid diethylamide (LSD) as described in s.
 1342  893.03(1)(c), or of any mixture containing lysergic acid
 1343  diethylamide (LSD), commits a felony of the first degree, which
 1344  felony shall be known as “trafficking in lysergic acid
 1345  diethylamide (LSD),” punishable as provided in s. 775.082, s.
 1346  775.083, or s. 775.084. If the quantity involved:
 1347         a. Is 1 gram or more, but less than 5 grams, such person
 1348  shall be sentenced to a mandatory minimum term of imprisonment
 1349  of 3 years, and the defendant shall be ordered to pay a fine of
 1350  $50,000.
 1351         b. Is 5 grams or more, but less than 7 grams, such person
 1352  shall be sentenced to a mandatory minimum term of imprisonment
 1353  of 7 years, and the defendant shall be ordered to pay a fine of
 1354  $100,000.
 1355         c. Is 7 grams or more, such person shall be sentenced to a
 1356  mandatory minimum term of imprisonment of 15 calendar years and
 1357  pay a fine of $500,000.
 1358         2. Any person who knowingly manufactures or brings into
 1359  this state 7 grams or more of lysergic acid diethylamide (LSD)
 1360  as described in s. 893.03(1)(c), or any mixture containing
 1361  lysergic acid diethylamide (LSD), and who knows that the
 1362  probable result of such manufacture or importation would be the
 1363  death of any person commits capital manufacture or importation
 1364  of lysergic acid diethylamide (LSD), a capital felony punishable
 1365  as provided in ss. 775.082 and 921.142. Any person sentenced for
 1366  a capital felony under this paragraph shall also be sentenced to
 1367  pay the maximum fine provided under subparagraph 1.
 1368         (m)1. A person who knowingly sells, purchases,
 1369  manufactures, delivers, or brings into this state, or who is
 1370  knowingly in actual or constructive possession of, 280 grams or
 1371  more of a:
 1372         a. Substance described in s. 893.03(1)(c)30., 46.-50.,
 1373  114.-142., 151.-156., 166.-173., or 176.-186. or a synthetic
 1374  cannabinoid, as described in s. 893.03(1)(c)190.; or
 1375         b. Mixture containing any substance described in sub
 1376  subparagraph a.,
 1377  
 1378  commits a felony of the first degree, which felony shall be
 1379  known as “trafficking in synthetic cannabinoids,” punishable as
 1380  provided in s. 775.082, s. 775.083, or s. 775.084.
 1381         2. If the quantity involved under subparagraph 1.:
 1382         a. Is 280 grams or more, but less than 500 grams, such
 1383  person shall be sentenced to a mandatory minimum term of
 1384  imprisonment of 3 years, and the defendant shall be ordered to
 1385  pay a fine of $50,000.
 1386         b. Is 500 grams or more, but less than 1,000 grams, such
 1387  person shall be sentenced to a mandatory minimum term of
 1388  imprisonment of 7 years, and the defendant shall be ordered to
 1389  pay a fine of $100,000.
 1390         c. Is 1,000 grams or more, but less than 30 kilograms, such
 1391  person shall be sentenced to a mandatory minimum term of
 1392  imprisonment of 15 years, and the defendant shall be ordered to
 1393  pay a fine of $200,000.
 1394         d. Is 30 kilograms or more, such person shall be sentenced
 1395  to a mandatory minimum term of imprisonment of 25 years, and the
 1396  defendant shall be ordered to pay a fine of $750,000.
 1397         (n)1. A person who knowingly sells, purchases,
 1398  manufactures, delivers, or brings into this state, or who is
 1399  knowingly in actual or constructive possession of, 14 grams or
 1400  more of:
 1401         a. A substance described in s. 893.03(1)(c)164., 174., or
 1402  175., a n-benzyl phenethylamine compound, as described in s.
 1403  893.03(1)(c)193.; or
 1404         b. A mixture containing any substance described in sub
 1405  subparagraph a.,
 1406  
 1407  commits a felony of the first degree, which felony shall be
 1408  known as “trafficking in n-benzyl phenethylamines,” punishable
 1409  as provided in s. 775.082, s. 775.083, or s. 775.084.
 1410         2. If the quantity involved under subparagraph 1.:
 1411         a. Is 14 grams or more, but less than 100 grams, such
 1412  person shall be sentenced to a mandatory minimum term of
 1413  imprisonment of 3 years, and the defendant shall be ordered to
 1414  pay a fine of $50,000.
 1415         b. Is 100 grams or more, but less than 200 grams, such
 1416  person shall be sentenced to a mandatory minimum term of
 1417  imprisonment of 7 years, and the defendant shall be ordered to
 1418  pay a fine of $100,000.
 1419         c. Is 200 grams or more, such person shall be sentenced to
 1420  a mandatory minimum term of imprisonment of 15 years, and the
 1421  defendant shall be ordered to pay a fine of $500,000.
 1422         3. A person who knowingly manufactures or brings into this
 1423  state 400 grams or more of a substance described in sub
 1424  subparagraph 1.a. or a mixture described in sub-subparagraph
 1425  1.b., and who knows that the probable result of such manufacture
 1426  or importation would be the death of any person commits capital
 1427  manufacture or importation of a n-benzyl phenethylamine
 1428  compound, a capital felony punishable as provided in ss. 775.082
 1429  and 921.142. A person sentenced for a capital felony under this
 1430  paragraph shall also be sentenced to pay the maximum fine under
 1431  subparagraph 2.
 1432         Section 13. This act shall take effect on the same date
 1433  that SB ____ or similar legislation takes effect, if such
 1434  legislation is adopted in the same legislative session or an
 1435  extension thereof and becomes law.