Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. CS for SB 190
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Criminal Justice (Pizzo) recommended the
    1         Senate Amendment (with directory and title amendments)
    3         Delete lines 50 - 156
    4  and insert:
    5  substances, when such substance or mixture is proven to be the
    6  proximate cause of the death of the user:
    7         a. A substance controlled under s. 893.03(1);
    8         b. Cocaine, as described in s. 893.03(2)(a)4.;
    9         c. Opium or any synthetic or natural salt, compound,
   10  derivative, or preparation of opium;
   11         d. Methadone;
   12         e. Alfentanil, as described in s. 893.03(2)(b)1.;
   13         f. Carfentanil, as described in s. 893.03(2)(b)6.;
   14         g. Fentanyl, as described in s. 893.03(2)(b)9.;
   15         h. Sufentanil, as described in s. 893.03(2)(b)30.; or
   16         i. Methamphetamine, as described in s. 893.03(2)(c)5.; or
   17         j. A controlled substance analog, as described in s.
   18  893.0356, of any substance specified in sub-subparagraphs a.-i.
   19  sub-subparagraphs a.-h.,
   21  is murder in the first degree and constitutes a capital felony,
   22  punishable as provided in s. 775.082.
   23         (4) The unlawful killing of a human being, when perpetrated
   24  without any design to effect death, by a person engaged in the
   25  perpetration of, or in the attempt to perpetrate, any felony
   26  other than any:
   27         (a) Trafficking offense prohibited by s. 893.135(1),
   28         (b) Arson,
   29         (c) Sexual battery,
   30         (d) Robbery,
   31         (e) Burglary,
   32         (f) Kidnapping,
   33         (g) Escape,
   34         (h) Aggravated child abuse,
   35         (i) Aggravated abuse of an elderly person or disabled
   36  adult,
   37         (j) Aircraft piracy,
   38         (k) Unlawful throwing, placing, or discharging of a
   39  destructive device or bomb,
   40         (l) Unlawful distribution of any substance listed in sub
   41  subparagraphs (1)(a)3.a.–j. controlled under s. 893.03(1),
   42  cocaine as described in s. 893.03(2)(a)4., or opium or any
   43  synthetic or natural salt, compound, derivative, or preparation
   44  of opium by a person 18 years of age or older, when such
   45  substance drug is proven to be the proximate cause of the death
   46  of the user,
   47         (m) Carjacking,
   48         (n) Home-invasion robbery,
   49         (o) Aggravated stalking,
   50         (p) Murder of another human being,
   51         (q) Aggravated fleeing or eluding with serious bodily
   52  injury or death,
   53         (r) Resisting an officer with violence to his or her
   54  person, or
   55         (s) Felony that is an act of terrorism or is in furtherance
   56  of an act of terrorism, including a felony under s. 775.30, s.
   57  775.32, s. 775.33, s. 775.34, or s. 775.35,
   59  is murder in the third degree and constitutes a felony of the
   60  second degree, punishable as provided in s. 775.082, s. 775.083,
   61  or s. 775.084.
   62         Section 2. Paragraph (h) of subsection (1) of section
   63  893.13, Florida Statutes, is amended to read:
   64         893.13 Prohibited acts; penalties.—
   65         (1)
   66         (h) Except as authorized by this chapter, a person may not
   67  sell, manufacture, or deliver, or possess with intent to sell,
   68  manufacture, or deliver, a controlled substance in, on, or
   69  within 1,000 feet of the real property comprising a mental
   70  health facility, as that term is used in chapter 394; a health
   71  care facility licensed under chapter 395 which provides
   72  substance abuse treatment; a licensed service provider as
   73  defined in s. 397.311; a facility providing services that
   74  include clinical treatment, intervention, or prevention as
   75  described in s. 397.311(26); a recovery residence as defined in
   76  s. 397.311; an assisted living facility, as defined that term is
   77  used in chapter 429; or a pain management clinic as defined in
   78  s. 458.3265(1)(a)1.c. or s. 459.0137(1)(a)1.c. A person who
   79  violates this paragraph with respect to:
   80         1. A controlled substance named or described in s.
   81  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.
   82  commits a felony of the first degree, punishable as provided in
   83  s. 775.082, s. 775.083, or s. 775.084.
   84         2. A controlled substance named or described in s.
   85  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7.,
   86  (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a felony of
   87  the second degree, punishable as provided in s. 775.082, s.
   88  775.083, or s. 775.084.
   89         3. Any other controlled substance, except as lawfully sold,
   90  manufactured, or delivered, must be sentenced to pay a $500 fine
   91  and to serve 100 hours of public service in addition to any
   92  other penalty prescribed by law.
   93         Section 3. Subsection (4) of section 893.145, Florida
   94  Statutes, is amended to read:
   95         893.145 “Drug paraphernalia” defined.—The term “drug
   96  paraphernalia” means all equipment, products, and materials of
   97  any kind which are used, intended for use, or designed for use
   98  in planting, propagating, cultivating, growing, harvesting,
   99  manufacturing, compounding, converting, producing, processing,
  100  preparing, testing, analyzing, packaging, repackaging, storing,
  101  containing, concealing, transporting, injecting, ingesting,
  102  inhaling, or otherwise introducing into the human body a
  103  controlled substance in violation of this chapter or s. 877.111.
  104  Drug paraphernalia is deemed to be contraband which shall be
  105  subject to civil forfeiture. The term includes, but is not
  106  limited to:
  107         (4) Testing equipment used, intended for use, or designed
  108  for use in identifying, or in analyzing the strength,
  109  effectiveness, or purity of, controlled substances, excluding
  110  narcotic drug testing products that are used to determine
  111  whether a controlled substance contains fentanyl, as described
  112  in s. 893.03(2)(b)9. or a controlled substance analog, as
  113  described in s. 893.0356, of fentanyl.
  114  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
  115  And the directory clause is amended as follows:
  116         Delete lines 15 - 16
  117  and insert:
  118         Section 1. Paragraph (a) of subsection (1) and subsection
  119  (4) of section 782.04, Florida Statutes, are amended to
  120  ================= T I T L E  A M E N D M E N T ================
  121  And the title is amended as follows:
  122         Delete lines 6 - 10
  123  and insert:
  124         offense of murder in the third degree; amending s.
  125         893.13, F.S.; prohibiting specified activities
  126         involving controlled substances within 1,000 feet of
  127         additional specified facilities; providing criminal
  128         penalties; amending s. 893.145, F.S.; revising the
  129         definition of ″drug paraphernalia″; providing an