Florida Senate - 2021                                     SB 664
       
       
        
       By Senator Farmer
       
       
       
       
       
       34-00690A-21                                           2021664__
    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 to the Division
    6         of Alcoholic Beverages, Marijuana, and Tobacco;
    7         amending s. 561.025, F.S.; renaming the Alcoholic
    8         Beverage and Tobacco Trust Fund to the Alcoholic
    9         Beverage, Marijuana, and Tobacco Trust Fund;
   10         specifying distribution of funds; providing a
   11         directive to the Division of Law Revision; creating
   12         ch. 566, F.S., relating to recreational marijuana;
   13         defining terms; providing for the distribution of
   14         revenues; requiring the division to provide an annual
   15         report to the Legislature; prohibiting the use of
   16         false identification by persons under 21 years of age
   17         for specified activities relating to recreational
   18         marijuana; providing noncriminal penalties; providing
   19         for alternative sentencing; exempting certain
   20         activities involving marijuana from use and possession
   21         offenses; authorizing persons 21 years of age and over
   22         to engage in certain activities involving the personal
   23         use, possession, transport, and cultivation of
   24         marijuana in limited amounts; providing limits on
   25         where persons may engage in specified activities;
   26         providing noncriminal penalties; preempting the
   27         regulation of possession of marijuana to the state;
   28         authorizing certain entities to engage in specified
   29         activities relating to marijuana; providing
   30         construction; specifying duties of the Division of
   31         Alcoholic Beverages, Marijuana, and Tobacco; providing
   32         for enforcement of regulatory provisions; authorizing
   33         agreements with other entities for certain enforcement
   34         activities; requiring annual reports; providing for
   35         licensing of marijuana establishments; providing for a
   36         marijuana establishment licensing process; providing
   37         limits on the number of retail marijuana stores based
   38         on population in localities; providing standards for
   39         prospective licensees; providing restrictions on the
   40         location of marijuana establishments; prohibiting
   41         certain activities by marijuana establishments;
   42         providing procedures when a marijuana establishment’s
   43         license expires; authorizing localities to prohibit
   44         one or more types of marijuana establishments through
   45         local ordinance; providing for submission of
   46         applications to localities if the division has not
   47         issued marijuana establishment licenses by a specified
   48         date; specifying duties of the Attorney General
   49         concerning certain federal subpoenas; providing an
   50         exemption from specified provisions for marijuana
   51         research; specifying that the chapter does not apply
   52         to employer drug policies or laws governing operating
   53         under the influence; specifying that the chapter does
   54         not allow persons under 21 years of age to engage in
   55         activities permitted therein; providing that the
   56         rights of property owners are not affected; providing
   57         applicability relating to compassionate use of low-THC
   58         cannabis; requiring the division to adopt certain
   59         rules; specifying that conduct allowed by the chapter
   60         may not be considered the basis for the finding of a
   61         lack of good moral character as that term is used in
   62         law; providing for emergency rulemaking; amending s.
   63         500.03, F.S.; providing that marijuana establishments
   64         that sell food containing marijuana are considered
   65         food establishments for the purposes of specified
   66         regulations; creating s. 500.105, F.S.; specifying
   67         that food products containing marijuana which are
   68         prepared in permitted food establishments and sold by
   69         licensed retail marijuana stores are not considered
   70         adulterated; amending s. 562.13, F.S.; providing that
   71         it is unlawful for marijuana establishments to employ
   72         persons under 18 years of age; amending s. 569.0073,
   73         F.S.; exempting licensed marijuana establishments from
   74         specified provisions regulating the sale of pipes and
   75         smoking devices; amending ss. 893.13 and 893.135,
   76         F.S.; providing that conduct authorized under ch. 566,
   77         F.S., is not prohibited by specified controlled
   78         substance prohibitions; providing a contingent
   79         effective date.
   80          
   81  Be It Enacted by the Legislature of the State of Florida:
   82  
   83         Section 1. Paragraph (b) of subsection (2) of section
   84  20.165, Florida Statutes, is amended to read:
   85         20.165 Department of Business and Professional Regulation.
   86  There is created a Department of Business and Professional
   87  Regulation.
   88         (2) The following divisions of the Department of Business
   89  and Professional Regulation are established:
   90         (b) Division of Alcoholic Beverages, Marijuana, and
   91  Tobacco.
   92         Section 2. Section 561.025, Florida Statutes, is amended to
   93  read:
   94         561.025 Alcoholic Beverage, Marijuana, and Tobacco Trust
   95  Fund.—There is created within the State Treasury the Alcoholic
   96  Beverage, Marijuana, and Tobacco Trust Fund. All funds collected
   97  by the division under ss. 210.15, 210.40, or under s. 569.003
   98  and the Beverage Law with the exception of state funds collected
   99  pursuant to ss. 563.05, 564.06, and 565.12 shall be deposited in
  100  the State Treasury to the credit of the trust fund,
  101  notwithstanding any other provision of law to the contrary. In
  102  addition, funds collected by the division under chapter 566
  103  shall be deposited into the trust fund, except that funds from
  104  the excise tax in s. 566.012 shall be distributed as provided in
  105  s. 566.013. Moneys deposited to the credit of the trust fund
  106  shall be used to operate the division and to provide a
  107  proportionate share of the operation of the office of the
  108  secretary and the Division of Administration of the Department
  109  of Business and Professional Regulation; except that:
  110         (1) The revenue transfer provisions of ss. 561.32 and
  111  561.342(1) and (2) shall continue in full force and effect, and
  112  the division shall cause such revenue to be returned to the
  113  municipality or county in the manner provided for in s. 561.32
  114  or s. 561.342(1) and (2).; and
  115         (2) Ten percent of the revenues derived from retail tobacco
  116  products dealer permit fees collected under s. 569.003 shall be
  117  transferred to the Department of Education to provide for
  118  teacher training and for research and evaluation to reduce and
  119  prevent the use of tobacco products by children.
  120         (3) Until January 1, 2030, an amount equal to 5 percent of
  121  the revenues received by the division during the previous month
  122  pursuant to the tax imposed by s. 566.012 shall be transferred
  123  to the Department of Health to be used to provide grants for the
  124  purpose of producing peer-reviewed research on marijuana’s
  125  beneficial uses and safety.
  126         Section 3. The Division of Law Revision is directed to
  127  prepare a reviser’s bill for the 2021 Regular Session of the
  128  Legislature to redesignate the Division of Alcoholic Beverages
  129  and Tobacco of the Department of Business and Professional
  130  Regulation as the “Division of Alcoholic Beverages, Marijuana,
  131  and Tobacco” and the Alcoholic Beverage and Tobacco Trust Fund
  132  as the “Alcoholic Beverage, Marijuana, and Tobacco Trust Fund,”
  133  respectively, wherever those terms appear in the Florida
  134  Statutes.
  135         Section 4. Chapter 566, Florida Statutes, consisting of ss.
  136  566.011-566.042, is created to read:
  137                             CHAPTER 566                           
  138                       RECREATIONAL MARIJUANA                      
  139                               PART I                              
  140                             EXCISE TAX                            
  141         566.011 Definitions.—As used in this part, the term:
  142         (1) “Department” means the Department of Business and
  143  Professional Regulation.
  144         (2) “Division” means the Division of Alcoholic Beverages,
  145  Marijuana, and Tobacco of the department.
  146         (3) “Marijuana” means all parts of the plant of the genus
  147  cannabis, whether growing or not, the seeds thereof, the resin
  148  extracted from any part of the plant, and every compound,
  149  manufacture, salt, derivative, mixture, or preparation of the
  150  plant, its seeds, or its resin, including marijuana concentrate.
  151  The term does not include industrial hemp, fiber produced from
  152  the stalks, cake made from the seeds of the plant, sterilized
  153  seed of the plant that is incapable of germination, or the
  154  weight of any ingredient combined with marijuana to prepare
  155  topical or oral administrations, food, drink, or any other
  156  product.
  157         (4) “Marijuana cultivation facility” means an entity
  158  licensed to cultivate, prepare, and package and sell marijuana
  159  to retail marijuana stores, to marijuana product manufacturing
  160  facilities, and to other marijuana cultivation facilities, but
  161  not to consumers.
  162         (5) “Marijuana establishment” means a marijuana cultivation
  163  facility, marijuana testing facility, marijuana product
  164  manufacturing facility, or retail marijuana store.
  165         (6) “Marijuana product manufacturing facility” means an
  166  entity licensed to:
  167         (a) Purchase marijuana.
  168         (b) Manufacture, prepare, and package marijuana products.
  169         (c) Sell marijuana and marijuana products to other
  170  marijuana product manufacturing facilities and to retail
  171  marijuana stores, but not to consumers.
  172         (7) “Marijuana products” means concentrated marijuana and
  173  products that consist of marijuana and other ingredients and are
  174  intended for use or consumption, including, but not limited to,
  175  edible products, ointments, and tinctures.
  176         (8) “Marijuana testing facility” means an entity licensed
  177  to analyze and certify the safety and potency of marijuana.
  178         (9) “Retail marijuana store” means an entity licensed to
  179  purchase marijuana from a marijuana cultivation facility and
  180  marijuana products from a marijuana product manufacturing
  181  facility and to sell marijuana and marijuana products to
  182  consumers.
  183         566.013 Distribution of revenues.—Revenues derived from the
  184  tax imposed by this part must be credited to the General Revenue
  185  Fund. On or before the last day of each month, the Chief
  186  Financial Officer shall transfer 15 percent of the revenues
  187  received by the division during the preceding month pursuant to
  188  the tax imposed by s. 566.012 to the Alcoholic Beverage,
  189  Marijuana, and Tobacco Trust Fund established under s. 561.025.
  190  On or before the last day of each month, the Chief Financial
  191  Officer shall transfer the remainder of the revenues to the
  192  General Revenue Fund.
  193         566.014 Annual report.—The division shall report annually
  194  beginning January 30, 2023, the amount of tax revenue collected
  195  pursuant to s. 566.012 and the amount distributed pursuant to s.
  196  561.025(3) to the appropriations committees of each house of the
  197  Legislature.
  198                               PART II                             
  199                        MARIJUANA REGULATION                       
  200         566.031 Definitions.—As used in this part, the term:
  201         (1) “Consumer” means a person 21 years of age or older who
  202  purchases marijuana or marijuana products for personal use by
  203  persons 21 years of age or older, but not for resale to others.
  204         (2) “Department” has the same meaning as provided in s.
  205  566.011.
  206         (3) “Division” has the same meaning as provided in s.
  207  566.011.
  208         (4) “Licensee” means any individual, partnership,
  209  corporation, firm, association, or other legal entity holding a
  210  marijuana establishment license within the state.
  211         (5) “Locality” means a municipality or, in reference to a
  212  location in an unorganized territory, the county in which that
  213  locality is located.
  214         (6) “Marijuana” has the same meaning as provided in s.
  215  566.011.
  216         (7) “Marijuana accessories” means equipment, products, or
  217  materials of any kind that are used, intended for use, or
  218  designed for use in planting, propagating, cultivating, growing,
  219  harvesting, composting, manufacturing, compounding, converting,
  220  producing, processing, preparing, testing, analyzing, packaging,
  221  repackaging, storing, vaporizing, or containing marijuana or for
  222  ingesting, inhaling, or otherwise introducing marijuana into the
  223  human body.
  224         (8) “Marijuana cultivation facility” has the same meaning
  225  as provided in s. 566.011.
  226         (9) “Marijuana establishment” has the same meaning as
  227  provided in s. 566.011.
  228         (10) “Marijuana product manufacturing facility” has the
  229  same meaning as provided in s. 566.011.
  230         (11) “Marijuana testing facility” has the same meaning as
  231  provided in s. 566.011.
  232         (12) “Minor” means a person under 21 years of age.
  233         (13) “Retail marijuana store” has the same meaning as
  234  provided in s. 566.011.
  235         (14) “Seedling” means a marijuana plant that has no
  236  flowers, is less than 12 inches in height, and is less than 12
  237  inches in diameter.
  238         566.0311 False identification.—
  239         (1) A minor may not present or offer to a marijuana
  240  establishment or the marijuana establishment’s agent or employee
  241  any written or oral evidence of age that is false, fraudulent,
  242  or not actually the minor’s own for the purpose of:
  243         (a) Ordering, purchasing, attempting to purchase, or
  244  otherwise procuring or attempting to procure marijuana; or
  245         (b) Gaining access to marijuana.
  246         (2)(a) A minor who violates subsection (1) commits:
  247         1. For a first offense, a noncriminal violation subject to
  248  a civil penalty of at least $200 and not more than $400.
  249         2. For a second offense, a noncriminal violation subject to
  250  a civil penalty of at least $300 and not more than $600, which
  251  may only be suspended as provided in paragraph (b).
  252         3. For a third or subsequent offense, a noncriminal
  253  violation subject to a civil penalty of $600, which may only be
  254  suspended as provided in paragraph (b).
  255  
  256  When a minor is adjudged to have committed a first offense under
  257  subsection (1), the judge shall inform that minor that the
  258  noncriminal penalties for the second and subsequent offenses are
  259  mandatory and may only be suspended as provided in paragraph
  260  (b). Failure to inform the minor that subsequent noncriminal
  261  penalties are mandatory is not a ground for suspension of any
  262  subsequent civil penalty.
  263         (b) A judge, as an alternative to or in addition to the
  264  noncriminal penalties specified in paragraph (a), may assign the
  265  minor to perform specified work for the benefit of the state,
  266  the municipality, or another public entity or a charitable
  267  institution for no more than 40 hours for each violation. A
  268  judge must assign the minor to perform such work as an
  269  alternative to the noncriminal penalties specified in paragraph
  270  (a) if the court determines that the minor has an inability to
  271  pay such penalties.
  272         566.032 Exemption from criminal and noncriminal penalties,
  273  seizure, or forfeiture.—Notwithstanding chapter 893 or any other
  274  provision of law, and except as provided in this part, the
  275  actions specified in this part are legal under the laws of this
  276  state and do not constitute a civil or criminal offense under
  277  the laws of this state or the law of any political subdivision
  278  within this state or serve as a basis for seizure or forfeiture
  279  of assets under state law.
  280         566.033 Personal use of marijuana.—
  281         (1) A person who is 21 years of age or older may:
  282         (a) Use, possess, and transport marijuana accessories and
  283  up to 2.5 ounces of marijuana.
  284         (b) Transfer or furnish, without remuneration, up to 2.5
  285  ounces of marijuana and up to 6 seedlings to a person who is 21
  286  years of age or older.
  287         (c) Possess, grow, cultivate, process, and transport up to
  288  6 marijuana plants, including seedlings, and possess the
  289  marijuana produced by the marijuana plants on the premises where
  290  the plants were grown.
  291         (d) Purchase up to 2.5 ounces of marijuana, up to 6
  292  seedlings, and marijuana accessories from a retail marijuana
  293  store.
  294         (2) The following apply to the cultivation of marijuana for
  295  personal use by a person who is 21 years of age or older:
  296         (a) A person may cultivate up to 6 marijuana plants,
  297  including seedlings, at that person’s place of residence, on
  298  property owned by that person, or on another person’s property
  299  with permission of the owner of the other property.
  300         (b) A person who elects to cultivate marijuana shall take
  301  reasonable precautions to ensure the plants are secure from
  302  unauthorized access or access by a person under 21 years of age.
  303  Reasonable precautions include, but are not limited to,
  304  cultivating marijuana in a fully enclosed secure outdoor area,
  305  locked closet, or locked room inaccessible to persons under 21
  306  years of age.
  307         (3) A person may smoke or ingest marijuana in a nonpublic
  308  place, including, but not limited to, a private residence.
  309         (a) This subsection does not permit a person to consume
  310  marijuana in a manner that endangers others.
  311         (b) The prohibitions and limitations on smoking tobacco
  312  products in specified areas in part II of chapter 386 apply to
  313  marijuana.
  314         (c) A person who smokes marijuana in a public place other
  315  than as governed by part II of chapter 386 commits a noncriminal
  316  violation subject to a civil penalty of $100.
  317         (4) The regulation of possession of marijuana is preempted
  318  to the state.
  319         566.034 Marijuana establishments.—
  320         (1) A marijuana establishment may engage in the
  321  manufacture, possession, and purchase of marijuana, marijuana
  322  products, and marijuana accessories and sell marijuana,
  323  marijuana products, and marijuana accessories to a consumer as
  324  described in this subsection.
  325         (a) A retail marijuana store may:
  326         1. Possess, display, and transport marijuana, marijuana
  327  products, or marijuana accessories.
  328         2. Purchase marijuana from a marijuana cultivation
  329  facility.
  330         3. Purchase marijuana and marijuana products from a
  331  marijuana product manufacturing facility.
  332         4. Sell marijuana, marijuana products, and marijuana
  333  accessories to consumers.
  334         (b) A marijuana cultivation facility may:
  335         1. Cultivate, harvest, process, package, transport,
  336  display, and possess marijuana.
  337         2. Deliver or transfer marijuana to a marijuana testing
  338  facility.
  339         3. Sell marijuana to another marijuana cultivation
  340  facility, a marijuana product manufacturing facility, or a
  341  retail marijuana store.
  342         4. Purchase marijuana from another marijuana cultivation
  343  facility.
  344         (c) A marijuana product manufacturing facility may:
  345         1. Package, process, transport, manufacture, display, and
  346  possess marijuana or marijuana products.
  347         2. Deliver or transfer marijuana or marijuana products to a
  348  marijuana testing facility.
  349         3. Sell marijuana and marijuana products to a retail
  350  marijuana store or marijuana product manufacturing facility.
  351         4. Purchase marijuana from a marijuana cultivation
  352  facility.
  353         5. Purchase marijuana and marijuana products from a
  354  marijuana product manufacturing facility.
  355         (d) A marijuana testing facility may possess, cultivate,
  356  process, repackage, store, transport, display, transfer, and
  357  deliver marijuana or marijuana products.
  358  
  359  A marijuana establishment may lease or otherwise allow the use
  360  of property owned, occupied, or controlled by a person,
  361  corporation, or other entity for any of the activities conducted
  362  lawfully in accordance with this subsection.
  363         (2) This section does not prevent the imposition of
  364  penalties for violating this chapter or state or local rules
  365  adopted pursuant to this chapter.
  366         566.035 Duties of the division.—The division shall:
  367         (1) Enforce the laws and rules relating to the
  368  manufacturing, processing, labeling, storing, transporting,
  369  testing, and selling of marijuana by marijuana establishments
  370  and administer those laws relating to licensing and the
  371  collection of taxes.
  372         (2) Adopt rules consistent with this chapter for the
  373  administration and enforcement of laws regulating and licensing
  374  marijuana establishments.
  375         (3) If determined necessary by the division, enter into a
  376  memorandum of understanding with the Department of Law
  377  Enforcement, a county sheriff, or another state or municipal law
  378  enforcement agency to perform inspections of marijuana
  379  establishments.
  380         (4) Issue marijuana cultivation facility, marijuana testing
  381  facility, marijuana product manufacturing facility, and retail
  382  marijuana store licenses.
  383         (5) Prevent the sale of marijuana by licensees to minors
  384  and intoxicated persons.
  385         (6) Ensure that licensees have access to the provisions of
  386  this chapter and other laws and rules governing marijuana in
  387  accordance with this section.
  388         (7) Post on the department’s publicly accessible website
  389  this chapter and all rules adopted under this chapter. The
  390  division shall notify all licensees of changes in the law and
  391  rules through a publicly accessible website posting within 90
  392  days after adjournment of each session of the Legislature. The
  393  division shall update the posting on the department’s publicly
  394  accessible website to reflect new laws and rules before the
  395  effective date of the laws and rules.
  396         (8) Certify monthly to the Chief Financial Officer a
  397  complete statement of revenues and expenses for licenses issued
  398  and for revenues collected by the division and submit an annual
  399  report that includes a complete statement of the revenues and
  400  expenses for the division to the Governor, the Speaker of the
  401  House of Representatives, and the President of the Senate.
  402         (9) Suspend or revoke the license of a licensee in
  403  accordance with rules adopted by the division. A marijuana
  404  establishment with a license that is suspended or revoked
  405  pursuant to this subsection may:
  406         (a) Continue to possess marijuana during the time its
  407  license is suspended, but may not dispense, transfer, or sell
  408  marijuana. If the marijuana establishment is a marijuana
  409  cultivation facility, it may continue to cultivate marijuana
  410  plants during the time its license is suspended. Marijuana may
  411  not be removed from the licensed premises except as authorized
  412  by the division and only for the purpose of destruction.
  413         (b) Possess marijuana for up to 7 days after revocation of
  414  its license, during which time the marijuana establishment shall
  415  dispose of its inventory of marijuana in accordance with
  416  division rules.
  417         (10) Beginning January 15, 2022, and annually thereafter,
  418  report to the committees of each house of the Legislature having
  419  jurisdiction over marijuana regulation. The report must include,
  420  but is not limited to, all rules adopted by the division and
  421  statistics regarding the number of marijuana establishment
  422  applications received, the number of marijuana establishments
  423  licensed, and the licensing fees collected within the previous
  424  year.
  425         566.036 Licensing of marijuana establishments.—
  426         (1) An applicant for a marijuana establishment license
  427  shall file an application in the form required by the division
  428  for the type of marijuana establishment license sought. An
  429  applicant may apply for and be granted more than one type of
  430  marijuana establishment license, except that a person licensed
  431  as a marijuana testing facility may not hold another marijuana
  432  establishment license. The division shall begin accepting and
  433  processing applications by August 1, 2022.
  434         (2) Upon receiving an application for a marijuana
  435  establishment license, the division shall immediately forward a
  436  copy of the application and 50 percent of the license
  437  application fee to the locality in which the applicant desires
  438  to operate.
  439         (3) The division shall issue or renew a license to operate
  440  a marijuana establishment to an applicant who meets the
  441  requirements of the division as set forth in rule and in
  442  subsection (9) within 90 days after the date of receipt of the
  443  application unless:
  444         (a) The division finds the applicant is not in compliance
  445  with this section or rules adopted by the division;
  446         (b) The division is notified by the relevant locality that
  447  the applicant is not in compliance with an ordinance, rule, or
  448  regulation in effect at the time of application; or
  449         (c) The number of marijuana establishments allowed in the
  450  locality has been limited under s. 566.037 or is limited by
  451  subsection (5) and the division has already licensed the maximum
  452  number of marijuana establishments allowed in the locality for
  453  the category of license that is sought.
  454         (4) The following shall control when more than one
  455  application is received by the division for establishment of a
  456  marijuana establishment in the same locality:
  457         (a) If a greater number of applications is received from
  458  qualified applicants to operate a marijuana establishment in a
  459  locality than is allowed under the limits enacted by the
  460  locality under s. 566.037 or subsection (5), the division shall
  461  solicit and consider input from the locality regarding the
  462  locality’s preference or preferences for licensure. Within 90
  463  days after the date that the first application is received, the
  464  division shall issue the maximum number of applicable licenses
  465  for each type of marijuana establishment license application
  466  received.
  467         (b) In a competitive application process to determine which
  468  applicants will receive licenses, the division shall give
  469  preference to an applicant who has at least 1 year of previous
  470  experience in operating another business in this state in
  471  compliance with state law.
  472         (c) The division may not grant a license to a licensee who
  473  has already received a license to operate the same type of
  474  marijuana establishment if doing so would prevent another
  475  qualified applicant from receiving a license.
  476         (5) Unless the locality has prohibited retail marijuana
  477  stores or has enacted a lower limit on the number of retail
  478  marijuana stores, the division shall license no more than:
  479         (a) One retail marijuana store per each 5,000 persons in a
  480  locality with a population over 20,000.
  481         (b) Two retail marijuana stores in a locality with a
  482  population of at least 5,001 but less than 20,000.
  483         (c) One retail marijuana store in a locality with a
  484  population of at least 2,000 but less than 5,001.
  485  
  486  The division may license one retail marijuana store in a
  487  locality where the population is less than 2,000 if the locality
  488  has not prohibited retail marijuana stores. The division may
  489  grant a locality’s request to allow additional marijuana stores.
  490  The division may consider the impact of seasonal population or
  491  tourism and other related information provided by the locality
  492  requesting an additional marijuana establishment location.
  493         (6) Upon denial of an application, the division shall
  494  notify the applicant in writing of the specific reason for the
  495  denial.
  496         (7) All licenses under this part are valid for 1 year after
  497  the date of issuance.
  498         (8) A prospective licensee as a marijuana establishment:
  499         (a) May not have been convicted of a disqualifying drug
  500  offense. For purposes of this section, “disqualifying drug
  501  offense” means a conviction for a violation of a state or
  502  federal controlled substance law that is a crime punishable by
  503  imprisonment for 1 year or more. It does not include an offense
  504  for which the sentence, including any term of probation,
  505  incarceration, or supervised release, was completed 10 or more
  506  years before application for licensure; a marijuana offense that
  507  was not related to trafficking marijuana; or an offense that
  508  consisted of conduct that would be permitted under this part.
  509         (b) May not have had a previous license revoked for a
  510  marijuana establishment.
  511         (c) If the applicant is a corporation, may not be issued a
  512  license if any of the principal officers of the corporation
  513  would be personally ineligible under paragraph (a) or paragraph
  514  (b).
  515         (9) A marijuana establishment:
  516         (a) May not be located within 500 feet of the property line
  517  of a preexisting public or private school. The distance must be
  518  measured from the main entrance of the marijuana establishment
  519  to the main entrance of the school by the ordinary course of
  520  travel.
  521         (b) Shall implement appropriate security measures,
  522  consistent with rules issued by the division, which are designed
  523  to prevent:
  524         1. Unauthorized entrance into areas containing marijuana.
  525         2. The theft of marijuana located on the premises or in
  526  transit to or from the premises by the licensee.
  527         3. Tampering with or adulteration of the marijuana
  528  products.
  529         4. Unauthorized access to marijuana or marijuana
  530  accessories.
  531         5. Access to marijuana by or sales of marijuana to minors.
  532         (c) Shall prepare and maintain documents that include
  533  procedures for the oversight of all aspects of operations and
  534  procedures to ensure accurate recordkeeping.
  535         (d) Shall make available for inspection its license at the
  536  premises to which that license applies. A licensee may not
  537  refuse a representative of the division the right at any time to
  538  inspect the entire licensed premises or to audit the books and
  539  records of the licensee.
  540         (e) May not sell marijuana to a person under 21 years of
  541  age or to a visibly intoxicated person.
  542         (f) If the licensee is a retail marijuana store, it may not
  543  allow a minor to enter or remain on the premises unless the
  544  minor is an employee of the division, a law enforcement officer,
  545  emergency personnel, or a contractor performing work on the
  546  facility that is not directly related to marijuana, such as
  547  installing or maintaining security devices or performing
  548  electrical wiring.
  549         (g) May not sell marijuana between the hours of 1 a.m. and
  550  6 a.m.
  551         (h) May not employ as a manager or leave in charge of the
  552  licensed premises any person who, by reason of conviction for a
  553  disqualifying drug offense or because of a revocation of that
  554  person’s marijuana establishment license, is not eligible for a
  555  marijuana establishment license.
  556         (i) If a retail marijuana store, may only sell or furnish
  557  marijuana to a consumer from the premises licensed by the
  558  department. A retail marijuana store may not, either directly or
  559  indirectly, by any agent or employee, travel from locality to
  560  locality, or from place to place within the same locality,
  561  selling, bartering, carrying for sale, or exposing for sale
  562  marijuana from a vehicle. This paragraph does not prohibit a
  563  retail marijuana store from delivering marijuana to a purchaser
  564  if the purchaser’s age is verified to be 21 or older upon
  565  delivery.
  566         (10) A person who intentionally provides false information
  567  on an application for a marijuana establishment license violates
  568  s. 837.06.
  569         (11) When a licensee’s license expires:
  570         (a) A licensee who unintentionally fails to renew a license
  571  upon its expiration date and continues to engage in activities
  572  allowed by s. 566.034 may not be charged with illegal sales for
  573  a period of 7 days after the expiration date. A licensee who
  574  continues to make sales of marijuana after having been properly
  575  notified of the expired license may be charged with illegally
  576  selling marijuana.
  577         (b) At least 30 days before expiration of a licensee’s
  578  license issued under this part, the division shall notify the
  579  licensee by the most expedient means available:
  580         1. That the licensee’s license is scheduled to expire.
  581         2. The date of expiration.
  582         3. That all sales of marijuana must be suspended after the
  583  date of expiration and remain suspended until the license is
  584  properly renewed.
  585  
  586  Failure by the division to notify a licensee pursuant to this
  587  paragraph does not excuse a licensee from being charged with a
  588  violation of this part.
  589         566.037 Local control.—
  590         (1) A locality may prohibit the operation of one or more
  591  types of marijuana establishments through the enactment of an
  592  ordinance.
  593         (2) If a locality does not prohibit the operation of a
  594  marijuana establishment pursuant to subsection (1), the
  595  following apply:
  596         (a) No later than September 1, 2022, a locality may enact
  597  an ordinance or regulation specifying the entity within the
  598  locality that is responsible for processing applications
  599  submitted for a licensee to operate a marijuana establishment
  600  within the boundaries of the locality. The locality may provide
  601  that the entity may issue such licenses if issuance by the
  602  locality becomes necessary because of a failure by the division
  603  to adopt rules pursuant to s. 566.035 or because of a failure by
  604  the division to process and issue licenses as required by s.
  605  566.036.
  606         (b) A locality may enact ordinances, rules, or regulations
  607  pursuant to this paragraph as long as those ordinances, rules,
  608  or regulations do not conflict with this section or with rules
  609  issued pursuant to s. 566.035. The ordinances may:
  610         1. Govern the time, place, and manner of operations and
  611  number of marijuana establishments.
  612         2. Establish procedures for the issuance, suspension, and
  613  revocation of a license issued by the locality in accordance
  614  with paragraph (c) or paragraph (d).
  615         3. Establish a schedule of annual operating, licensing, and
  616  application fees for a marijuana establishment. This
  617  subparagraph applies only if the application fee or licensing
  618  fee is submitted to a locality in accordance with paragraph (c)
  619  or paragraph (d).
  620         4. Establish noncriminal penalties for violation of an
  621  ordinance, rule, or regulation governing the time, place, and
  622  manner that a marijuana establishment may operate in that
  623  locality.
  624         (c) If the division does not begin issuing licenses by
  625  January 1, 2023, an applicant may submit an application directly
  626  to the locality in which it wants to operate. A locality that
  627  receives an application pursuant to this paragraph shall issue a
  628  license to an applicant within 90 days after receipt of the
  629  application unless the locality finds, and notifies the
  630  applicant, that the applicant is not in compliance with an
  631  ordinance, rule, or regulation made pursuant to s. 566.035 or
  632  paragraph (b) in effect at the time of application. The locality
  633  shall notify the division if the locality issues an annual
  634  license to the applicant.
  635         (d) If the division does not issue a license to an
  636  applicant within 90 days after receipt of the application filed
  637  in accordance with s. 566.036 and does not notify the applicant
  638  of the specific reason for denial, in writing and within 90 days
  639  after receipt of the application, the applicant may resubmit its
  640  application directly to the locality and the locality may issue
  641  an annual license to the applicant. A locality issuing a license
  642  to an applicant shall do so within 90 days after receipt of the
  643  resubmitted application unless the locality finds, and notifies
  644  the applicant, that the applicant is not in compliance with an
  645  ordinance, rule, or regulation made pursuant to s. 566.035 or
  646  paragraph (b) in effect at the time the application is
  647  resubmitted. The locality shall notify the division if the
  648  locality issues an annual license to the applicant. If an
  649  application is submitted to a locality under this paragraph, the
  650  division shall forward to the locality the application fee paid
  651  by the applicant to the division upon request by the locality.
  652         (e) A license issued by a locality in accordance with
  653  paragraph (c) or paragraph (d) has the same effect as a license
  654  issued by the division in accordance with s. 566.036, and the
  655  holder of that license is not subject to regulation or
  656  enforcement by the division during the term of that license. A
  657  subsequent or renewed license may be issued under this paragraph
  658  on an annual basis if the division has not adopted rules
  659  required by s. 566.035 at least 90 days before the date upon
  660  which such subsequent or renewed license would be effective, or
  661  if the division has adopted rules pursuant to s. 566.041 but has
  662  not, at least 90 days after the adoption of those rules, issued
  663  any marijuana establishment licenses pursuant to s. 566.036.
  664         566.038 Defense of state law.—The Attorney General shall to
  665  the best of the abilities of the office and in good faith
  666  advocate to quash any federal subpoena for records involving
  667  marijuana establishments.
  668         566.039 Research.—Notwithstanding the provisions of this
  669  part regulating the distribution of marijuana, a scientific or
  670  medical researcher who has previously published peer-reviewed
  671  research may purchase, possess, and securely store marijuana for
  672  purposes of conducting research. A scientific or medical
  673  researcher may administer and distribute marijuana to a
  674  participant in research who is at least 21 years of age after
  675  receiving informed consent from that participant.
  676         566.040 Construction.—
  677         (1) EMPLOYMENT POLICIES.—This chapter does not require an
  678  employer to allow or accommodate the use, consumption,
  679  possession, transfer, display, transportation, sale, or growing
  680  of marijuana in the workplace or to affect the ability of
  681  employers to have policies restricting the use of marijuana by
  682  their employees.
  683         (2) OPERATING UNDER THE INFLUENCE.—This chapter does not
  684  exempt a person from the laws prohibiting operating any motor
  685  vehicle or off-highway vehicle within this state under the
  686  influence of alcoholic beverages or controlled substances under
  687  chapter 316 or chapter 327.
  688         (3) TRANSFER TO MINOR.—This chapter does not authorize the
  689  transfer of marijuana, with or without remuneration, to a minor
  690  or to allow a minor to purchase, possess, use, transport, grow,
  691  or consume marijuana.
  692         (4) RESTRICTION ON USE OF PROPERTY.—This chapter does not
  693  prohibit a person, an employer, a school, a hospital, a
  694  detention facility, a corporation, or another entity that
  695  occupies, owns, or controls real property from prohibiting or
  696  otherwise regulating the possession, consumption, use, display,
  697  transfer, distribution, sale, transportation, or growing of
  698  marijuana on or in that real property.
  699         (5) COMPASSIONATE USE OF LOW-THC CANNABIS.—This chapter
  700  does not apply to the compassionate use of low-THC cannabis
  701  under s. 381.986.
  702         566.041 Rulemaking.—The division shall adopt any rules
  703  necessary to administer and enforce this chapter.
  704         566.042 Good moral character.—Engaging in conduct allowed
  705  by this chapter may not be the basis for a finding of a lack of
  706  good moral character as that term is used in the Florida
  707  Statutes.
  708         Section 5. Rulemaking.—
  709         (1) By June 1, 2022, the Division of Alcoholic Beverages,
  710  Marijuana, and Tobacco of the Department of Business and
  711  Professional Regulation shall adopt emergency rules for the
  712  administration and the enforcement of laws regulating and
  713  licensing marijuana establishments pursuant to part II of
  714  chapter 566, Florida Statutes, as created by this act. These
  715  rules must be developed by the division and may not be
  716  contracted out to an entity outside the division. These rules
  717  may not prohibit the operation of marijuana establishments,
  718  either expressly or through restrictions that make the operation
  719  of marijuana establishments unreasonably impracticable. The
  720  emergency rules shall remain in effect for 6 months after
  721  adoption and may be renewed during the pendency of procedures to
  722  adopt rules addressing the subject of the emergency rules. As
  723  used in this section, “unreasonably impracticable” means that
  724  the measures necessary to comply with the rules require such a
  725  high investment of risk, money, time, or other resource or asset
  726  that the operation of a marijuana establishment is not worthy of
  727  being carried out in practice by a reasonably prudent
  728  businessperson.
  729         (2) Rules adopted pursuant to this section must include:
  730         (a) Provisions for administering and enforcing part II of
  731  chapter 566, Florida Statutes, including oversight requirements
  732  and noncriminal penalties for violations.
  733         (b) The form and content of applications for each type of
  734  marijuana establishment license, registration renewal forms, and
  735  associated licensing and renewal fee schedules, except that an
  736  application, licensing, or renewal fee may not exceed $5,000.
  737         (c) Procedures allowing an applicant who has been denied a
  738  license due to failure to meet the requirements for licensing to
  739  correct the reason for failure.
  740         (d) Procedures and timelines for background checks and
  741  appeals.
  742         (e) Rules governing the transfer of a license, which must
  743  be substantially the same as rules governing the transfer of a
  744  beverage license under chapter 561, Florida Statutes.
  745         (f) Minimum standards for employment, including
  746  requirements for background checks, restrictions against hiring
  747  persons under 21 years of age, and safeguards to protect against
  748  unauthorized employee access to marijuana.
  749         (g) Minimum recordkeeping requirements, including the
  750  recording of the disposal of marijuana that is not sold. Rules
  751  developed pursuant to this subsection may not require a consumer
  752  to provide a retail marijuana store with personal information
  753  other than government-issued identification to determine the
  754  consumer’s age or require the retail marijuana store to acquire
  755  and record personal information about its consumers.
  756         (h) Health and safety rules and standards for the
  757  manufacture of marijuana products and the cultivation of
  758  marijuana.
  759         (i) Labeling requirements for marijuana and marijuana
  760  products sold or distributed by a marijuana establishment.
  761         (j) Restrictions on the advertising, signage, and display
  762  of marijuana and marijuana products.
  763         (k) Minimum security requirements, including standards to
  764  reasonably protect against unauthorized access to marijuana at
  765  all stages of the licensee’s possession, transportation,
  766  storage, and cultivation of marijuana. Such security
  767  requirements may not prohibit outdoor cultivation in an
  768  enclosed, secured space.
  769         (l) Procedures for enforcing s. 566.036(9) and (10),
  770  Florida Statutes, including noncriminal penalties for
  771  violations, procedures for suspending or terminating the license
  772  of a licensee who violates licensing provisions or the rules
  773  adopted pursuant to this section, and procedures for appeals of
  774  penalties or licensing actions.
  775         (m) Any other oversight requirements that the division
  776  determines are necessary to administer the laws relating to
  777  licensing marijuana establishments.
  778         (3) Rules adopted pursuant to this section may not prohibit
  779  a locality, as defined in s. 566.031, Florida Statutes, from
  780  limiting the number of each type of licensee who may operate in
  781  the locality or from enacting reasonable regulations applicable
  782  to licensees.
  783         Section 6. Paragraph (p) of subsection (1) of section
  784  500.03, Florida Statutes, is amended to read:
  785         500.03 Definitions; construction; applicability.—
  786         (1) For the purpose of this chapter, the term:
  787         (p) “Food establishment” means a factory, food outlet, or
  788  other facility manufacturing, processing, packing, holding, or
  789  preparing food or selling food at wholesale or retail. The term
  790  does not include a business or activity that is regulated under
  791  s. 413.051, s. 500.80, chapter 509, or chapter 601. The term
  792  includes a retail marijuana store that sells food containing
  793  marijuana pursuant to chapter 566. The term includes tomato
  794  packinghouses and repackers but does not include any other
  795  establishments that pack fruits and vegetables in their raw or
  796  natural states, including those fruits or vegetables that are
  797  washed, colored, or otherwise treated in their unpeeled, natural
  798  form before they are marketed.
  799         Section 7. Section 500.105, Florida Statutes, is created to
  800  read:
  801         500.105 Retail marijuana store food products containing
  802  marijuana.—Food products containing marijuana that are prepared
  803  in a food establishment that holds a permit under s. 500.12, if
  804  required, and that are sold by a retail marijuana store licensed
  805  under chapter 566 are not considered adulterated under this
  806  chapter due to the presence of marijuana.
  807         Section 8. Subsection (1) of section 562.13, Florida
  808  Statutes, is amended to read:
  809         562.13 Employment of minors or certain other persons by
  810  certain vendors prohibited; exceptions.—
  811         (1) Unless otherwise provided in this section, it is
  812  unlawful for any vendor licensed under the Beverage Law or a
  813  licensee under chapter 566 to employ any person under 18 years
  814  of age.
  815         Section 9. Subsection (1) of section 569.0073, Florida
  816  Statutes, is amended to read:
  817         569.0073 Special provisions; smoking pipes and smoking
  818  devices.—
  819         (1) It is unlawful for any person to offer for sale at
  820  retail any of the items listed in subsection (2) unless such
  821  person:
  822         (a) Has a retail tobacco products dealer permit under s.
  823  569.003 or is a marijuana establishment licensed under s.
  824  566.036. The provisions of this chapter apply to any person that
  825  offers for retail sale any of the items listed in subsection
  826  (2); and
  827         (b)1. Derives at least 75 percent of its annual gross
  828  revenues from the retail sale of cigarettes, cigars, and other
  829  tobacco products or marijuana products sold in compliance with
  830  chapter 566; or
  831         2. Derives no more than 25 percent of its annual gross
  832  revenues from the retail sale of the items listed in subsection
  833  (2).
  834         Section 10. Present subsection (10) of section 893.13,
  835  Florida Statutes, is redesignated as subsection (11), and a new
  836  subsection (10) is added to that section, to read:
  837         893.13 Prohibited acts; penalties.—
  838         (10) Subsections (1)-(8) are not applicable to conduct
  839  authorized under chapter 566.
  840         Section 11. Subsection (1) of section 893.135, Florida
  841  Statutes, is amended to read:
  842         893.135 Trafficking; mandatory sentences; suspension or
  843  reduction of sentences; conspiracy to engage in trafficking.—
  844         (1) Except as authorized in this chapter, or in chapter
  845  499, or chapter 566 and notwithstanding the provisions of s.
  846  893.13:
  847         (a) Any person who knowingly sells, purchases,
  848  manufactures, delivers, or brings into this state, or who is
  849  knowingly in actual or constructive possession of, in excess of
  850  25 pounds of cannabis, or 300 or more cannabis plants, commits a
  851  felony of the first degree, which felony shall be known as
  852  “trafficking in cannabis,” punishable as provided in s. 775.082,
  853  s. 775.083, or s. 775.084. If the quantity of cannabis involved:
  854         1. Is in excess of 25 pounds, but less than 2,000 pounds,
  855  or is 300 or more cannabis plants, but not more than 2,000
  856  cannabis plants, such person shall be sentenced to a mandatory
  857  minimum term of imprisonment of 3 years, and the defendant shall
  858  be ordered to pay a fine of $25,000.
  859         2. Is 2,000 pounds or more, but less than 10,000 pounds, or
  860  is 2,000 or more cannabis plants, but not more than 10,000
  861  cannabis plants, such person shall be sentenced to a mandatory
  862  minimum term of imprisonment of 7 years, and the defendant shall
  863  be ordered to pay a fine of $50,000.
  864         3. Is 10,000 pounds or more, or is 10,000 or more cannabis
  865  plants, such person shall be sentenced to a mandatory minimum
  866  term of imprisonment of 15 calendar years and pay a fine of
  867  $200,000.
  868  
  869  For the purpose of this paragraph, a plant, including, but not
  870  limited to, a seedling or cutting, is a “cannabis plant” if it
  871  has some readily observable evidence of root formation, such as
  872  root hairs. To determine if a piece or part of a cannabis plant
  873  severed from the cannabis plant is itself a cannabis plant, the
  874  severed piece or part must have some readily observable evidence
  875  of root formation, such as root hairs. Callous tissue is not
  876  readily observable evidence of root formation. The viability and
  877  sex of a plant and the fact that the plant may or may not be a
  878  dead harvested plant are not relevant in determining if the
  879  plant is a “cannabis plant” or in the charging of an offense
  880  under this paragraph. Upon conviction, the court shall impose
  881  the longest term of imprisonment provided for in this paragraph.
  882         (b)1. Any person who knowingly sells, purchases,
  883  manufactures, delivers, or brings into this state, or who is
  884  knowingly in actual or constructive possession of, 28 grams or
  885  more of cocaine, as described in s. 893.03(2)(a)4., or of any
  886  mixture containing cocaine, but less than 150 kilograms of
  887  cocaine or any such mixture, commits a felony of the first
  888  degree, which felony shall be known as “trafficking in cocaine,”
  889  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  890  If the quantity involved:
  891         a. Is 28 grams or more, but less than 200 grams, such
  892  person shall be sentenced to a mandatory minimum term of
  893  imprisonment of 3 years, and the defendant shall be ordered to
  894  pay a fine of $50,000.
  895         b. Is 200 grams or more, but less than 400 grams, such
  896  person shall be sentenced to a mandatory minimum term of
  897  imprisonment of 7 years, and the defendant shall be ordered to
  898  pay a fine of $100,000.
  899         c. Is 400 grams or more, but less than 150 kilograms, such
  900  person shall be sentenced to a mandatory minimum term of
  901  imprisonment of 15 calendar years and pay a fine of $250,000.
  902         2. Any person who knowingly sells, purchases, manufactures,
  903  delivers, or brings into this state, or who is knowingly in
  904  actual or constructive possession of, 150 kilograms or more of
  905  cocaine, as described in s. 893.03(2)(a)4., commits the first
  906  degree felony of trafficking in cocaine. A person who has been
  907  convicted of the first degree felony of trafficking in cocaine
  908  under this subparagraph shall be punished by life imprisonment
  909  and is ineligible for any form of discretionary early release
  910  except pardon or executive clemency or conditional medical
  911  release under s. 947.149. However, if the court determines that,
  912  in addition to committing any act specified in this paragraph:
  913         a. The person intentionally killed an individual or
  914  counseled, commanded, induced, procured, or caused the
  915  intentional killing of an individual and such killing was the
  916  result; or
  917         b. The person’s conduct in committing that act led to a
  918  natural, though not inevitable, lethal result,
  919  
  920  such person commits the capital felony of trafficking in
  921  cocaine, punishable as provided in ss. 775.082 and 921.142. Any
  922  person sentenced for a capital felony under this paragraph shall
  923  also be sentenced to pay the maximum fine provided under
  924  subparagraph 1.
  925         3. Any person who knowingly brings into this state 300
  926  kilograms or more of cocaine, as described in s. 893.03(2)(a)4.,
  927  and who knows that the probable result of such importation would
  928  be the death of any person, commits capital importation of
  929  cocaine, a capital felony punishable as provided in ss. 775.082
  930  and 921.142. Any person sentenced for a capital felony under
  931  this paragraph shall also be sentenced to pay the maximum fine
  932  provided under subparagraph 1.
  933         (c)1. A person who knowingly sells, purchases,
  934  manufactures, delivers, or brings into this state, or who is
  935  knowingly in actual or constructive possession of, 4 grams or
  936  more of any morphine, opium, hydromorphone, or any salt,
  937  derivative, isomer, or salt of an isomer thereof, including
  938  heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or
  939  (3)(c)4., or 4 grams or more of any mixture containing any such
  940  substance, but less than 30 kilograms of such substance or
  941  mixture, commits a felony of the first degree, which felony
  942  shall be known as “trafficking in illegal drugs,” punishable as
  943  provided in s. 775.082, s. 775.083, or s. 775.084. If the
  944  quantity involved:
  945         a. Is 4 grams or more, but less than 14 grams, such person
  946  shall be sentenced to a mandatory minimum term of imprisonment
  947  of 3 years and shall be ordered to pay a fine of $50,000.
  948         b. Is 14 grams or more, but less than 28 grams, such person
  949  shall be sentenced to a mandatory minimum term of imprisonment
  950  of 15 years and shall be ordered to pay a fine of $100,000.
  951         c. Is 28 grams or more, but less than 30 kilograms, such
  952  person shall be sentenced to a mandatory minimum term of
  953  imprisonment of 25 years and shall be ordered to pay a fine of
  954  $500,000.
  955         2. A person who knowingly sells, purchases, manufactures,
  956  delivers, or brings into this state, or who is knowingly in
  957  actual or constructive possession of, 28 grams or more of
  958  hydrocodone, as described in s. 893.03(2)(a)1.k., codeine, as
  959  described in s. 893.03(2)(a)1.g., or any salt thereof, or 28
  960  grams or more of any mixture containing any such substance,
  961  commits a felony of the first degree, which felony shall be
  962  known as “trafficking in hydrocodone,” punishable as provided in
  963  s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
  964         a. Is 28 grams or more, but less than 50 grams, such person
  965  shall be sentenced to a mandatory minimum term of imprisonment
  966  of 3 years and shall be ordered to pay a fine of $50,000.
  967         b. Is 50 grams or more, but less than 100 grams, such
  968  person shall be sentenced to a mandatory minimum term of
  969  imprisonment of 7 years and shall be ordered to pay a fine of
  970  $100,000.
  971         c. Is 100 grams or more, but less than 300 grams, such
  972  person shall be sentenced to a mandatory minimum term of
  973  imprisonment of 15 years and shall be ordered to pay a fine of
  974  $500,000.
  975         d. Is 300 grams or more, but less than 30 kilograms, such
  976  person shall be sentenced to a mandatory minimum term of
  977  imprisonment of 25 years and shall be ordered to pay a fine of
  978  $750,000.
  979         3. A person who knowingly sells, purchases, manufactures,
  980  delivers, or brings into this state, or who is knowingly in
  981  actual or constructive possession of, 7 grams or more of
  982  oxycodone, as described in s. 893.03(2)(a)1.q., or any salt
  983  thereof, or 7 grams or more of any mixture containing any such
  984  substance, commits a felony of the first degree, which felony
  985  shall be known as “trafficking in oxycodone,” punishable as
  986  provided in s. 775.082, s. 775.083, or s. 775.084. If the
  987  quantity involved:
  988         a. Is 7 grams or more, but less than 14 grams, such person
  989  shall be sentenced to a mandatory minimum term of imprisonment
  990  of 3 years and shall be ordered to pay a fine of $50,000.
  991         b. Is 14 grams or more, but less than 25 grams, such person
  992  shall be sentenced to a mandatory minimum term of imprisonment
  993  of 7 years and shall be ordered to pay a fine of $100,000.
  994         c. Is 25 grams or more, but less than 100 grams, such
  995  person shall be sentenced to a mandatory minimum term of
  996  imprisonment of 15 years and shall be ordered to pay a fine of
  997  $500,000.
  998         d. Is 100 grams or more, but less than 30 kilograms, such
  999  person shall be sentenced to a mandatory minimum term of
 1000  imprisonment of 25 years and shall be ordered to pay a fine of
 1001  $750,000.
 1002         4.a. A person who knowingly sells, purchases, manufactures,
 1003  delivers, or brings into this state, or who is knowingly in
 1004  actual or constructive possession of, 4 grams or more of:
 1005         (I) Alfentanil, as described in s. 893.03(2)(b)1.;
 1006         (II) Carfentanil, as described in s. 893.03(2)(b)6.;
 1007         (III) Fentanyl, as described in s. 893.03(2)(b)9.;
 1008         (IV) Sufentanil, as described in s. 893.03(2)(b)30.;
 1009         (V) A fentanyl derivative, as described in s.
 1010  893.03(1)(a)62.;
 1011         (VI) A controlled substance analog, as described in s.
 1012  893.0356, of any substance described in sub-sub-subparagraphs
 1013  (I)-(V); or
 1014         (VII) A mixture containing any substance described in sub
 1015  sub-subparagraphs (I)-(VI),
 1016  
 1017  commits a felony of the first degree, which felony shall be
 1018  known as “trafficking in fentanyl,” punishable as provided in s.
 1019  775.082, s. 775.083, or s. 775.084.
 1020         b. If the quantity involved under sub-subparagraph a.:
 1021         (I) Is 4 grams or more, but less than 14 grams, such person
 1022  shall be sentenced to a mandatory minimum term of imprisonment
 1023  of 3 years, and shall be ordered to pay a fine of $50,000.
 1024         (II) Is 14 grams or more, but less than 28 grams, such
 1025  person shall be sentenced to a mandatory minimum term of
 1026  imprisonment of 15 years, and shall be ordered to pay a fine of
 1027  $100,000.
 1028         (III) Is 28 grams or more, such person shall be sentenced
 1029  to a mandatory minimum term of imprisonment of 25 years, and
 1030  shall be ordered to pay a fine of $500,000.
 1031         5. A person who knowingly sells, purchases, manufactures,
 1032  delivers, or brings into this state, or who is knowingly in
 1033  actual or constructive possession of, 30 kilograms or more of
 1034  any morphine, opium, oxycodone, hydrocodone, codeine,
 1035  hydromorphone, or any salt, derivative, isomer, or salt of an
 1036  isomer thereof, including heroin, as described in s.
 1037  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or
 1038  more of any mixture containing any such substance, commits the
 1039  first degree felony of trafficking in illegal drugs. A person
 1040  who has been convicted of the first degree felony of trafficking
 1041  in illegal drugs under this subparagraph shall be punished by
 1042  life imprisonment and is ineligible for any form of
 1043  discretionary early release except pardon or executive clemency
 1044  or conditional medical release under s. 947.149. However, if the
 1045  court determines that, in addition to committing any act
 1046  specified in this paragraph:
 1047         a. The person intentionally killed an individual or
 1048  counseled, commanded, induced, procured, or caused the
 1049  intentional killing of an individual and such killing was the
 1050  result; or
 1051         b. The person’s conduct in committing that act led to a
 1052  natural, though not inevitable, lethal result,
 1053  
 1054  such person commits the capital felony of trafficking in illegal
 1055  drugs, punishable as provided in ss. 775.082 and 921.142. A
 1056  person sentenced for a capital felony under this paragraph shall
 1057  also be sentenced to pay the maximum fine provided under
 1058  subparagraph 1.
 1059         6. A person who knowingly brings into this state 60
 1060  kilograms or more of any morphine, opium, oxycodone,
 1061  hydrocodone, codeine, hydromorphone, or any salt, derivative,
 1062  isomer, or salt of an isomer thereof, including heroin, as
 1063  described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or
 1064  60 kilograms or more of any mixture containing any such
 1065  substance, and who knows that the probable result of such
 1066  importation would be the death of a person, commits capital
 1067  importation of illegal drugs, a capital felony punishable as
 1068  provided in ss. 775.082 and 921.142. A person sentenced for a
 1069  capital felony under this paragraph shall also be sentenced to
 1070  pay the maximum fine provided under subparagraph 1.
 1071         (d)1. Any person who knowingly sells, purchases,
 1072  manufactures, delivers, or brings into this state, or who is
 1073  knowingly in actual or constructive possession of, 28 grams or
 1074  more of phencyclidine, as described in s. 893.03(2)(b)23., a
 1075  substituted phenylcyclohexylamine, as described in s.
 1076  893.03(1)(c)195., or a substance described in s.
 1077  893.03(1)(c)13., 32., 38., 103., or 146., or of any mixture
 1078  containing phencyclidine, as described in s. 893.03(2)(b)23., a
 1079  substituted phenylcyclohexylamine, as described in s.
 1080  893.03(1)(c)195., or a substance described in s.
 1081  893.03(1)(c)13., 32., 38., 103., or 146., commits a felony of
 1082  the first degree, which felony shall be known as “trafficking in
 1083  phencyclidine,” punishable as provided in s. 775.082, s.
 1084  775.083, or s. 775.084. If the quantity involved:
 1085         a. Is 28 grams or more, but less than 200 grams, such
 1086  person shall be sentenced to a mandatory minimum term of
 1087  imprisonment of 3 years, and the defendant shall be ordered to
 1088  pay a fine of $50,000.
 1089         b. Is 200 grams or more, but less than 400 grams, such
 1090  person shall be sentenced to a mandatory minimum term of
 1091  imprisonment of 7 years, and the defendant shall be ordered to
 1092  pay a fine of $100,000.
 1093         c. Is 400 grams or more, such person shall be sentenced to
 1094  a mandatory minimum term of imprisonment of 15 calendar years
 1095  and pay a fine of $250,000.
 1096         2. Any person who knowingly brings into this state 800
 1097  grams or more of phencyclidine, as described in s.
 1098  893.03(2)(b)23., a substituted phenylcyclohexylamine, as
 1099  described in s. 893.03(1)(c)195., or a substance described in s.
 1100  893.03(1)(c)13., 32., 38., 103., or 146., or of any mixture
 1101  containing phencyclidine, as described in s. 893.03(2)(b)23., a
 1102  substituted phenylcyclohexylamine, as described in s.
 1103  893.03(1)(c)195., or a substance described in s.
 1104  893.03(1)(c)13., 32., 38., 103., or 146., and who knows that the
 1105  probable result of such importation would be the death of any
 1106  person commits capital importation of phencyclidine, a capital
 1107  felony punishable as provided in ss. 775.082 and 921.142. Any
 1108  person sentenced for a capital felony under this paragraph shall
 1109  also be sentenced to pay the maximum fine provided under
 1110  subparagraph 1.
 1111         (e)1. Any person who knowingly sells, purchases,
 1112  manufactures, delivers, or brings into this state, or who is
 1113  knowingly in actual or constructive possession of, 200 grams or
 1114  more of methaqualone or of any mixture containing methaqualone,
 1115  as described in s. 893.03(1)(d), commits a felony of the first
 1116  degree, which felony shall be known as “trafficking in
 1117  methaqualone,” punishable as provided in s. 775.082, s. 775.083,
 1118  or s. 775.084. If the quantity involved:
 1119         a. Is 200 grams or more, but less than 5 kilograms, such
 1120  person shall be sentenced to a mandatory minimum term of
 1121  imprisonment of 3 years, and the defendant shall be ordered to
 1122  pay a fine of $50,000.
 1123         b. Is 5 kilograms or more, but less than 25 kilograms, such
 1124  person shall be sentenced to a mandatory minimum term of
 1125  imprisonment of 7 years, and the defendant shall be ordered to
 1126  pay a fine of $100,000.
 1127         c. Is 25 kilograms or more, such person shall be sentenced
 1128  to a mandatory minimum term of imprisonment of 15 calendar years
 1129  and pay a fine of $250,000.
 1130         2. Any person who knowingly brings into this state 50
 1131  kilograms or more of methaqualone or of any mixture containing
 1132  methaqualone, as described in s. 893.03(1)(d), and who knows
 1133  that the probable result of such importation would be the death
 1134  of any person commits capital importation of methaqualone, a
 1135  capital felony punishable as provided in ss. 775.082 and
 1136  921.142. Any person sentenced for a capital felony under this
 1137  paragraph shall also be sentenced to pay the maximum fine
 1138  provided under subparagraph 1.
 1139         (f)1. Any person who knowingly sells, purchases,
 1140  manufactures, delivers, or brings into this state, or who is
 1141  knowingly in actual or constructive possession of, 14 grams or
 1142  more of amphetamine, as described in s. 893.03(2)(c)2., or
 1143  methamphetamine, as described in s. 893.03(2)(c)5., or of any
 1144  mixture containing amphetamine or methamphetamine, or
 1145  phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine
 1146  in conjunction with other chemicals and equipment utilized in
 1147  the manufacture of amphetamine or methamphetamine, commits a
 1148  felony of the first degree, which felony shall be known as
 1149  “trafficking in amphetamine,” punishable as provided in s.
 1150  775.082, s. 775.083, or s. 775.084. If the quantity involved:
 1151         a. Is 14 grams or more, but less than 28 grams, such person
 1152  shall be sentenced to a mandatory minimum term of imprisonment
 1153  of 3 years, and the defendant shall be ordered to pay a fine of
 1154  $50,000.
 1155         b. Is 28 grams or more, but less than 200 grams, such
 1156  person shall be sentenced to a mandatory minimum term of
 1157  imprisonment of 7 years, and the defendant shall be ordered to
 1158  pay a fine of $100,000.
 1159         c. Is 200 grams or more, such person shall be sentenced to
 1160  a mandatory minimum term of imprisonment of 15 calendar years
 1161  and pay a fine of $250,000.
 1162         2. Any person who knowingly manufactures or brings into
 1163  this state 400 grams or more of amphetamine, as described in s.
 1164  893.03(2)(c)2., or methamphetamine, as described in s.
 1165  893.03(2)(c)5., or of any mixture containing amphetamine or
 1166  methamphetamine, or phenylacetone, phenylacetic acid,
 1167  pseudoephedrine, or ephedrine in conjunction with other
 1168  chemicals and equipment used in the manufacture of amphetamine
 1169  or methamphetamine, and who knows that the probable result of
 1170  such manufacture or importation would be the death of any person
 1171  commits capital manufacture or importation of amphetamine, a
 1172  capital felony punishable as provided in ss. 775.082 and
 1173  921.142. Any person sentenced for a capital felony under this
 1174  paragraph shall also be sentenced to pay the maximum fine
 1175  provided under subparagraph 1.
 1176         (g)1. Any person who knowingly sells, purchases,
 1177  manufactures, delivers, or brings into this state, or who is
 1178  knowingly in actual or constructive possession of, 4 grams or
 1179  more of flunitrazepam or any mixture containing flunitrazepam as
 1180  described in s. 893.03(1)(a) commits a felony of the first
 1181  degree, which felony shall be known as “trafficking in
 1182  flunitrazepam,” punishable as provided in s. 775.082, s.
 1183  775.083, or s. 775.084. If the quantity involved:
 1184         a. Is 4 grams or more but less than 14 grams, such person
 1185  shall be sentenced to a mandatory minimum term of imprisonment
 1186  of 3 years, and the defendant shall be ordered to pay a fine of
 1187  $50,000.
 1188         b. Is 14 grams or more but less than 28 grams, such person
 1189  shall be sentenced to a mandatory minimum term of imprisonment
 1190  of 7 years, and the defendant shall be ordered to pay a fine of
 1191  $100,000.
 1192         c. Is 28 grams or more but less than 30 kilograms, such
 1193  person shall be sentenced to a mandatory minimum term of
 1194  imprisonment of 25 calendar years and pay a fine of $500,000.
 1195         2. Any person who knowingly sells, purchases, manufactures,
 1196  delivers, or brings into this state or who is knowingly in
 1197  actual or constructive possession of 30 kilograms or more of
 1198  flunitrazepam or any mixture containing flunitrazepam as
 1199  described in s. 893.03(1)(a) commits the first degree felony of
 1200  trafficking in flunitrazepam. A person who has been convicted of
 1201  the first degree felony of trafficking in flunitrazepam under
 1202  this subparagraph shall be punished by life imprisonment and is
 1203  ineligible for any form of discretionary early release except
 1204  pardon or executive clemency or conditional medical release
 1205  under s. 947.149. However, if the court determines that, in
 1206  addition to committing any act specified in this paragraph:
 1207         a. The person intentionally killed an individual or
 1208  counseled, commanded, induced, procured, or caused the
 1209  intentional killing of an individual and such killing was the
 1210  result; or
 1211         b. The person’s conduct in committing that act led to a
 1212  natural, though not inevitable, lethal result,
 1213  
 1214  such person commits the capital felony of trafficking in
 1215  flunitrazepam, punishable as provided in ss. 775.082 and
 1216  921.142. Any person sentenced for a capital felony under this
 1217  paragraph shall also be sentenced to pay the maximum fine
 1218  provided under subparagraph 1.
 1219         (h)1. Any person who knowingly sells, purchases,
 1220  manufactures, delivers, or brings into this state, or who is
 1221  knowingly in actual or constructive possession of, 1 kilogram or
 1222  more of gamma-hydroxybutyric acid (GHB), as described in s.
 1223  893.03(1)(d), or any mixture containing gamma-hydroxybutyric
 1224  acid (GHB), commits a felony of the first degree, which felony
 1225  shall be known as “trafficking in gamma-hydroxybutyric acid
 1226  (GHB),” punishable as provided in s. 775.082, s. 775.083, or s.
 1227  775.084. If the quantity involved:
 1228         a. Is 1 kilogram or more but less than 5 kilograms, such
 1229  person shall be sentenced to a mandatory minimum term of
 1230  imprisonment of 3 years, and the defendant shall be ordered to
 1231  pay a fine of $50,000.
 1232         b. Is 5 kilograms or more but less than 10 kilograms, such
 1233  person shall be sentenced to a mandatory minimum term of
 1234  imprisonment of 7 years, and the defendant shall be ordered to
 1235  pay a fine of $100,000.
 1236         c. Is 10 kilograms or more, such person shall be sentenced
 1237  to a mandatory minimum term of imprisonment of 15 calendar years
 1238  and pay a fine of $250,000.
 1239         2. Any person who knowingly manufactures or brings into
 1240  this state 150 kilograms or more of gamma-hydroxybutyric acid
 1241  (GHB), as described in s. 893.03(1)(d), or any mixture
 1242  containing gamma-hydroxybutyric acid (GHB), and who knows that
 1243  the probable result of such manufacture or importation would be
 1244  the death of any person commits capital manufacture or
 1245  importation of gamma-hydroxybutyric acid (GHB), a capital felony
 1246  punishable as provided in ss. 775.082 and 921.142. Any person
 1247  sentenced for a capital felony under this paragraph shall also
 1248  be sentenced to pay the maximum fine provided under subparagraph
 1249  1.
 1250         (i)1. Any person who knowingly sells, purchases,
 1251  manufactures, delivers, or brings into this state, or who is
 1252  knowingly in actual or constructive possession of, 1 kilogram or
 1253  more of gamma-butyrolactone (GBL), as described in s.
 1254  893.03(1)(d), or any mixture containing gamma-butyrolactone
 1255  (GBL), commits a felony of the first degree, which felony shall
 1256  be known as “trafficking in gamma-butyrolactone (GBL),”
 1257  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 1258  If the quantity involved:
 1259         a. Is 1 kilogram or more but less than 5 kilograms, such
 1260  person shall be sentenced to a mandatory minimum term of
 1261  imprisonment of 3 years, and the defendant shall be ordered to
 1262  pay a fine of $50,000.
 1263         b. Is 5 kilograms or more but less than 10 kilograms, such
 1264  person shall be sentenced to a mandatory minimum term of
 1265  imprisonment of 7 years, and the defendant shall be ordered to
 1266  pay a fine of $100,000.
 1267         c. Is 10 kilograms or more, such person shall be sentenced
 1268  to a mandatory minimum term of imprisonment of 15 calendar years
 1269  and pay a fine of $250,000.
 1270         2. Any person who knowingly manufactures or brings into the
 1271  state 150 kilograms or more of gamma-butyrolactone (GBL), as
 1272  described in s. 893.03(1)(d), or any mixture containing gamma
 1273  butyrolactone (GBL), and who knows that the probable result of
 1274  such manufacture or importation would be the death of any person
 1275  commits capital manufacture or importation of gamma
 1276  butyrolactone (GBL), a capital felony punishable as provided in
 1277  ss. 775.082 and 921.142. Any person sentenced for a capital
 1278  felony under this paragraph shall also be sentenced to pay the
 1279  maximum fine provided under subparagraph 1.
 1280         (j)1. Any person who knowingly sells, purchases,
 1281  manufactures, delivers, or brings into this state, or who is
 1282  knowingly in actual or constructive possession of, 1 kilogram or
 1283  more of 1,4-Butanediol as described in s. 893.03(1)(d), or of
 1284  any mixture containing 1,4-Butanediol, commits a felony of the
 1285  first degree, which felony shall be known as “trafficking in
 1286  1,4-Butanediol,” punishable as provided in s. 775.082, s.
 1287  775.083, or s. 775.084. If the quantity involved:
 1288         a. Is 1 kilogram or more, but less than 5 kilograms, such
 1289  person shall be sentenced to a mandatory minimum term of
 1290  imprisonment of 3 years, and the defendant shall be ordered to
 1291  pay a fine of $50,000.
 1292         b. Is 5 kilograms or more, but less than 10 kilograms, such
 1293  person shall be sentenced to a mandatory minimum term of
 1294  imprisonment of 7 years, and the defendant shall be ordered to
 1295  pay a fine of $100,000.
 1296         c. Is 10 kilograms or more, such person shall be sentenced
 1297  to a mandatory minimum term of imprisonment of 15 calendar years
 1298  and pay a fine of $500,000.
 1299         2. Any person who knowingly manufactures or brings into
 1300  this state 150 kilograms or more of 1,4-Butanediol as described
 1301  in s. 893.03(1)(d), or any mixture containing 1,4-Butanediol,
 1302  and who knows that the probable result of such manufacture or
 1303  importation would be the death of any person commits capital
 1304  manufacture or importation of 1,4-Butanediol, a capital felony
 1305  punishable as provided in ss. 775.082 and 921.142. Any person
 1306  sentenced for a capital felony under this paragraph shall also
 1307  be sentenced to pay the maximum fine provided under subparagraph
 1308  1.
 1309         (k)1. A person who knowingly sells, purchases,
 1310  manufactures, delivers, or brings into this state, or who is
 1311  knowingly in actual or constructive possession of, 10 grams or
 1312  more of a:
 1313         a. Substance described in s. 893.03(1)(c)4., 5., 10., 11.,
 1314  15., 17., 21.-27., 29., 39., 40.-45., 58., 72.-80., 81.-86.,
 1315  90.-102., 104.-108., 110.-113., 143.-145., 148.-150., 160.-163.,
 1316  165., or 187.-189., a substituted cathinone, as described in s.
 1317  893.03(1)(c)191., or substituted phenethylamine, as described in
 1318  s. 893.03(1)(c)192.;
 1319         b. Mixture containing any substance described in sub
 1320  subparagraph a.; or
 1321         c. Salt, isomer, ester, or ether or salt of an isomer,
 1322  ester, or ether of a substance described in sub-subparagraph a.,
 1323  
 1324  commits a felony of the first degree, which felony shall be
 1325  known as “trafficking in phenethylamines,” punishable as
 1326  provided in s. 775.082, s. 775.083, or s. 775.084.
 1327         2. If the quantity involved under subparagraph 1.:
 1328         a. Is 10 grams or more, but less than 200 grams, such
 1329  person shall be sentenced to a mandatory minimum term of
 1330  imprisonment of 3 years and shall be ordered to pay a fine of
 1331  $50,000.
 1332         b. Is 200 grams or more, but less than 400 grams, such
 1333  person shall be sentenced to a mandatory minimum term of
 1334  imprisonment of 7 years and shall be ordered to pay a fine of
 1335  $100,000.
 1336         c. Is 400 grams or more, such person shall be sentenced to
 1337  a mandatory minimum term of imprisonment of 15 years and shall
 1338  be ordered to pay a fine of $250,000.
 1339         3. A person who knowingly manufactures or brings into this
 1340  state 30 kilograms or more of a substance described in sub
 1341  subparagraph 1.a., a mixture described in sub-subparagraph 1.b.,
 1342  or a salt, isomer, ester, or ether or a salt of an isomer,
 1343  ester, or ether described in sub-subparagraph 1.c., and who
 1344  knows that the probable result of such manufacture or
 1345  importation would be the death of any person commits capital
 1346  manufacture or importation of phenethylamines, a capital felony
 1347  punishable as provided in ss. 775.082 and 921.142. A person
 1348  sentenced for a capital felony under this paragraph shall also
 1349  be sentenced to pay the maximum fine under subparagraph 2.
 1350         (l)1. Any person who knowingly sells, purchases,
 1351  manufactures, delivers, or brings into this state, or who is
 1352  knowingly in actual or constructive possession of, 1 gram or
 1353  more of lysergic acid diethylamide (LSD) as described in s.
 1354  893.03(1)(c), or of any mixture containing lysergic acid
 1355  diethylamide (LSD), commits a felony of the first degree, which
 1356  felony shall be known as “trafficking in lysergic acid
 1357  diethylamide (LSD),” punishable as provided in s. 775.082, s.
 1358  775.083, or s. 775.084. If the quantity involved:
 1359         a. Is 1 gram or more, but less than 5 grams, such person
 1360  shall be sentenced to a mandatory minimum term of imprisonment
 1361  of 3 years, and the defendant shall be ordered to pay a fine of
 1362  $50,000.
 1363         b. Is 5 grams or more, but less than 7 grams, such person
 1364  shall be sentenced to a mandatory minimum term of imprisonment
 1365  of 7 years, and the defendant shall be ordered to pay a fine of
 1366  $100,000.
 1367         c. Is 7 grams or more, such person shall be sentenced to a
 1368  mandatory minimum term of imprisonment of 15 calendar years and
 1369  pay a fine of $500,000.
 1370         2. Any person who knowingly manufactures or brings into
 1371  this state 7 grams or more of lysergic acid diethylamide (LSD)
 1372  as described in s. 893.03(1)(c), or any mixture containing
 1373  lysergic acid diethylamide (LSD), and who knows that the
 1374  probable result of such manufacture or importation would be the
 1375  death of any person commits capital manufacture or importation
 1376  of lysergic acid diethylamide (LSD), a capital felony punishable
 1377  as provided in ss. 775.082 and 921.142. Any person sentenced for
 1378  a capital felony under this paragraph shall also be sentenced to
 1379  pay the maximum fine provided under subparagraph 1.
 1380         (m)1. A person who knowingly sells, purchases,
 1381  manufactures, delivers, or brings into this state, or who is
 1382  knowingly in actual or constructive possession of, 280 grams or
 1383  more of a:
 1384         a. Substance described in s. 893.03(1)(c)30., 46.-50.,
 1385  114.-142., 151.-156., 166.-173., or 176.-186. or a synthetic
 1386  cannabinoid, as described in s. 893.03(1)(c)190.; or
 1387         b. Mixture containing any substance described in sub
 1388  subparagraph a.,
 1389  
 1390  commits a felony of the first degree, which felony shall be
 1391  known as “trafficking in synthetic cannabinoids,” punishable as
 1392  provided in s. 775.082, s. 775.083, or s. 775.084.
 1393         2. If the quantity involved under subparagraph 1.:
 1394         a. Is 280 grams or more, but less than 500 grams, such
 1395  person shall be sentenced to a mandatory minimum term of
 1396  imprisonment of 3 years, and the defendant shall be ordered to
 1397  pay a fine of $50,000.
 1398         b. Is 500 grams or more, but less than 1,000 grams, such
 1399  person shall be sentenced to a mandatory minimum term of
 1400  imprisonment of 7 years, and the defendant shall be ordered to
 1401  pay a fine of $100,000.
 1402         c. Is 1,000 grams or more, but less than 30 kilograms, such
 1403  person shall be sentenced to a mandatory minimum term of
 1404  imprisonment of 15 years, and the defendant shall be ordered to
 1405  pay a fine of $200,000.
 1406         d. Is 30 kilograms or more, such person shall be sentenced
 1407  to a mandatory minimum term of imprisonment of 25 years, and the
 1408  defendant shall be ordered to pay a fine of $750,000.
 1409         (n)1. A person who knowingly sells, purchases,
 1410  manufactures, delivers, or brings into this state, or who is
 1411  knowingly in actual or constructive possession of, 14 grams or
 1412  more of:
 1413         a. A substance described in s. 893.03(1)(c)164., 174., or
 1414  175., a n-benzyl phenethylamine compound, as described in s.
 1415  893.03(1)(c)193.; or
 1416         b. A mixture containing any substance described in sub
 1417  subparagraph a.,
 1418  
 1419  commits a felony of the first degree, which felony shall be
 1420  known as “trafficking in n-benzyl phenethylamines,” punishable
 1421  as provided in s. 775.082, s. 775.083, or s. 775.084.
 1422         2. If the quantity involved under subparagraph 1.:
 1423         a. Is 14 grams or more, but less than 100 grams, such
 1424  person shall be sentenced to a mandatory minimum term of
 1425  imprisonment of 3 years, and the defendant shall be ordered to
 1426  pay a fine of $50,000.
 1427         b. Is 100 grams or more, but less than 200 grams, such
 1428  person shall be sentenced to a mandatory minimum term of
 1429  imprisonment of 7 years, and the defendant shall be ordered to
 1430  pay a fine of $100,000.
 1431         c. Is 200 grams or more, such person shall be sentenced to
 1432  a mandatory minimum term of imprisonment of 15 years, and the
 1433  defendant shall be ordered to pay a fine of $500,000.
 1434         3. A person who knowingly manufactures or brings into this
 1435  state 400 grams or more of a substance described in sub
 1436  subparagraph 1.a. or a mixture described in sub-subparagraph
 1437  1.b., and who knows that the probable result of such manufacture
 1438  or importation would be the death of any person commits capital
 1439  manufacture or importation of a n-benzyl phenethylamine
 1440  compound, a capital felony punishable as provided in ss. 775.082
 1441  and 921.142. A person sentenced for a capital felony under this
 1442  paragraph shall also be sentenced to pay the maximum fine under
 1443  subparagraph 2.
 1444         Section 12. This act shall take effect upon becoming a law,
 1445  if SB ____ and SB ____ or similar legislation are adopted in the
 1446  same legislative session or an extension thereof and become law.