Florida Senate - 2022                                     SB 190
       By Senator Brodeur
       9-00020A-22                                            2022190__
    1                        A bill to be entitled                      
    2         An act relating to controlled substances; amending s.
    3         782.04, F.S.; revising the elements that constitute
    4         the capital offense of murder in the first degree;
    5         defining the term “substantial factor”; amending s.
    6         893.13, F.S.; prohibiting specified activities
    7         involving controlled substances within 1,000 feet of
    8         additional specified facilities; providing criminal
    9         penalties; providing an effective date.
   11  Be It Enacted by the Legislature of the State of Florida:
   13         Section 1. Paragraph (a) of subsection (1) of section
   14  782.04, Florida Statutes, is amended to read:
   15         782.04 Murder.—
   16         (1)(a) The unlawful killing of a human being:
   17         1. When perpetrated from a premeditated design to effect
   18  the death of the person killed or any human being;
   19         2. When committed by a person engaged in the perpetration
   20  of, or in the attempt to perpetrate, any:
   21         a. Trafficking offense prohibited by s. 893.135(1),
   22         b. Arson,
   23         c. Sexual battery,
   24         d. Robbery,
   25         e. Burglary,
   26         f. Kidnapping,
   27         g. Escape,
   28         h. Aggravated child abuse,
   29         i. Aggravated abuse of an elderly person or disabled adult,
   30         j. Aircraft piracy,
   31         k. Unlawful throwing, placing, or discharging of a
   32  destructive device or bomb,
   33         l. Carjacking,
   34         m. Home-invasion robbery,
   35         n. Aggravated stalking,
   36         o. Murder of another human being,
   37         p. Resisting an officer with violence to his or her person,
   38         q. Aggravated fleeing or eluding with serious bodily injury
   39  or death,
   40         r. Felony that is an act of terrorism or is in furtherance
   41  of an act of terrorism, including a felony under s. 775.30, s.
   42  775.32, s. 775.33, s. 775.34, or s. 775.35, or
   43         s. Human trafficking; or
   44         3. Which resulted from the unlawful distribution by a
   45  person 18 years of age or older of any of the following
   46  substances, or mixture containing any of the following
   47  substances, when such substance or mixture is proven to have
   48  caused, or is proven to have been a substantial factor in
   49  producing, be the proximate cause of the death of the user:
   50         a. A substance controlled under s. 893.03(1);
   51         b. Cocaine, as described in s. 893.03(2)(a)4.;
   52         c. Opium or any synthetic or natural salt, compound,
   53  derivative, or preparation of opium;
   54         d. Methadone;
   55         e. Alfentanil, as described in s. 893.03(2)(b)1.;
   56         f. Carfentanil, as described in s. 893.03(2)(b)6.;
   57         g. Fentanyl, as described in s. 893.03(2)(b)9.;
   58         h. Sufentanil, as described in s. 893.03(2)(b)30.; or
   59         i. Methamphetamine, as described in s. 893.03(2)(c)5.; or
   60         j. A controlled substance analog, as described in s.
   61  893.0356, of any substance specified in sub-subparagraphs a.-i.
   62  sub-subparagraphs a.-h.,
   64  is murder in the first degree and constitutes a capital felony,
   65  punishable as provided in s. 775.082. As used in this paragraph,
   66  the term “substantial factor” means that the use of the
   67  substance or mixture alone is sufficient to cause death,
   68  regardless of whether any other substance or mixture used is
   69  also sufficient to cause death.
   70         Section 2. Paragraph (h) of subsection (1) of section
   71  893.13, Florida Statutes, is amended to read:
   72         893.13 Prohibited acts; penalties.—
   73         (1)
   74         (h) Except as authorized by this chapter, a person may not
   75  sell, manufacture, or deliver, or possess with intent to sell,
   76  manufacture, or deliver, a controlled substance in, on, or
   77  within 1,000 feet of the real property comprising a mental
   78  health facility, as that term is used in chapter 394; a health
   79  care facility licensed under chapter 395 which provides
   80  substance abuse treatment; a licensed service provider as
   81  defined in s. 397.311; a facility providing services that
   82  include clinical treatment, intervention, or prevention as
   83  described in s. 397.311(26); a recovery residence as defined in
   84  s. 397.311; an assisted living facility, as defined that term is
   85  used in chapter 429; or a pain management clinic as defined in
   86  s. 458.3265(1)(a)1.c. or s. 459.0137(1)(a)1.c. A person who
   87  violates this paragraph with respect to:
   88         1. A controlled substance named or described in s.
   89  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.
   90  commits a felony of the first degree, punishable as provided in
   91  s. 775.082, s. 775.083, or s. 775.084.
   92         2. A controlled substance named or described in s.
   93  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7.,
   94  (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a felony of
   95  the second degree, punishable as provided in s. 775.082, s.
   96  775.083, or s. 775.084.
   97         3. Any other controlled substance, except as lawfully sold,
   98  manufactured, or delivered, must be sentenced to pay a $500 fine
   99  and to serve 100 hours of public service in addition to any
  100  other penalty prescribed by law.
  101         Section 3. This act shall take effect October 1, 2022.