Florida Senate - 2022                              CS for SB 190
       
       
        
       By the Committee on Judiciary; and Senator Brodeur
       
       
       
       
       
       590-01911-22                                           2022190c1
    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         revising the elements that constitute the felony
    6         offense of murder in the third degree; defining the
    7         term “substantial factor”; amending s. 893.13, F.S.;
    8         prohibiting specified activities involving controlled
    9         substances within 1,000 feet of additional specified
   10         facilities; providing criminal penalties; providing an
   11         effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Paragraph (a) of subsection (1) and subsections
   16  (4) and (5) of section 782.04, Florida Statutes, are amended to
   17  read:
   18         782.04 Murder.—
   19         (1)(a) The unlawful killing of a human being:
   20         1. When perpetrated from a premeditated design to effect
   21  the death of the person killed or any human being;
   22         2. When committed by a person engaged in the perpetration
   23  of, or in the attempt to perpetrate, any:
   24         a. Trafficking offense prohibited by s. 893.135(1),
   25         b. Arson,
   26         c. Sexual battery,
   27         d. Robbery,
   28         e. Burglary,
   29         f. Kidnapping,
   30         g. Escape,
   31         h. Aggravated child abuse,
   32         i. Aggravated abuse of an elderly person or disabled adult,
   33         j. Aircraft piracy,
   34         k. Unlawful throwing, placing, or discharging of a
   35  destructive device or bomb,
   36         l. Carjacking,
   37         m. Home-invasion robbery,
   38         n. Aggravated stalking,
   39         o. Murder of another human being,
   40         p. Resisting an officer with violence to his or her person,
   41         q. Aggravated fleeing or eluding with serious bodily injury
   42  or death,
   43         r. Felony that is an act of terrorism or is in furtherance
   44  of an act of terrorism, including a felony under s. 775.30, s.
   45  775.32, s. 775.33, s. 775.34, or s. 775.35, or
   46         s. Human trafficking; or
   47         3. Which resulted from the unlawful distribution by a
   48  person 18 years of age or older of any of the following
   49  substances, or mixture containing any of the following
   50  substances, when such substance or mixture is proven to have
   51  caused, or is proven to have been a substantial factor in
   52  producing, be the proximate cause of the death of the user:
   53         a. A substance controlled under s. 893.03(1);
   54         b. Cocaine, as described in s. 893.03(2)(a)4.;
   55         c. Opium or any synthetic or natural salt, compound,
   56  derivative, or preparation of opium;
   57         d. Methadone;
   58         e. Alfentanil, as described in s. 893.03(2)(b)1.;
   59         f. Carfentanil, as described in s. 893.03(2)(b)6.;
   60         g. Fentanyl, as described in s. 893.03(2)(b)9.;
   61         h. Sufentanil, as described in s. 893.03(2)(b)30.; or
   62         i. Methamphetamine, as described in s. 893.03(2)(c)5.; or
   63         j. A controlled substance analog, as described in s.
   64  893.0356, of any substance specified in sub-subparagraphs a.-i.
   65  sub-subparagraphs a.-h.,
   66  
   67  is murder in the first degree and constitutes a capital felony,
   68  punishable as provided in s. 775.082.
   69         (4) The unlawful killing of a human being, when perpetrated
   70  without any design to effect death, by a person engaged in the
   71  perpetration of, or in the attempt to perpetrate, any felony
   72  other than any:
   73         (a) Trafficking offense prohibited by s. 893.135(1),
   74         (b) Arson,
   75         (c) Sexual battery,
   76         (d) Robbery,
   77         (e) Burglary,
   78         (f) Kidnapping,
   79         (g) Escape,
   80         (h) Aggravated child abuse,
   81         (i) Aggravated abuse of an elderly person or disabled
   82  adult,
   83         (j) Aircraft piracy,
   84         (k) Unlawful throwing, placing, or discharging of a
   85  destructive device or bomb,
   86         (l) Unlawful distribution of any substance listed in sub
   87  subparagraphs (1)(a)3.a.–j. controlled under s. 893.03(1),
   88  cocaine as described in s. 893.03(2)(a)4., or opium or any
   89  synthetic or natural salt, compound, derivative, or preparation
   90  of opium by a person 18 years of age or older, when such
   91  substance drug is proven to have caused, or is proven to have
   92  been a substantial factor in producing, be the proximate cause
   93  of the death of the user,
   94         (m) Carjacking,
   95         (n) Home-invasion robbery,
   96         (o) Aggravated stalking,
   97         (p) Murder of another human being,
   98         (q) Aggravated fleeing or eluding with serious bodily
   99  injury or death,
  100         (r) Resisting an officer with violence to his or her
  101  person, or
  102         (s) Felony that is an act of terrorism or is in furtherance
  103  of an act of terrorism, including a felony under s. 775.30, s.
  104  775.32, s. 775.33, s. 775.34, or s. 775.35,
  105  
  106  is murder in the third degree and constitutes a felony of the
  107  second degree, punishable as provided in s. 775.082, s. 775.083,
  108  or s. 775.084.
  109         (5) As used in this section, the term:
  110         (a)“Substantial factor” means that the use of the
  111  substance or mixture alone is sufficient to cause death,
  112  regardless of whether any other substance or mixture used is
  113  also sufficient to cause death.
  114         (b) “Terrorism” means an activity that:
  115         1.a.(a)1. Involves a violent act or an act dangerous to
  116  human life which is a violation of the criminal laws of this
  117  state or of the United States; or
  118         b.2. Involves a violation of s. 815.06; and
  119         2.(b) Is intended to:
  120         a.1. Intimidate, injure, or coerce a civilian population;
  121         b.2. Influence the policy of a government by intimidation
  122  or coercion; or
  123         c.3. Affect the conduct of government through destruction
  124  of property, assassination, murder, kidnapping, or aircraft
  125  piracy.
  126         Section 2. Paragraph (h) of subsection (1) of section
  127  893.13, Florida Statutes, is amended to read:
  128         893.13 Prohibited acts; penalties.—
  129         (1)
  130         (h) Except as authorized by this chapter, a person may not
  131  sell, manufacture, or deliver, or possess with intent to sell,
  132  manufacture, or deliver, a controlled substance in, on, or
  133  within 1,000 feet of the real property comprising a mental
  134  health facility, as that term is used in chapter 394; a health
  135  care facility licensed under chapter 395 which provides
  136  substance abuse treatment; a licensed service provider as
  137  defined in s. 397.311; a facility providing services that
  138  include clinical treatment, intervention, or prevention as
  139  described in s. 397.311(26); a recovery residence as defined in
  140  s. 397.311; an assisted living facility, as defined that term is
  141  used in chapter 429; or a pain management clinic as defined in
  142  s. 458.3265(1)(a)1.c. or s. 459.0137(1)(a)1.c. A person who
  143  violates this paragraph with respect to:
  144         1. A controlled substance named or described in s.
  145  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.
  146  commits a felony of the first degree, punishable as provided in
  147  s. 775.082, s. 775.083, or s. 775.084.
  148         2. A controlled substance named or described in s.
  149  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7.,
  150  (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a felony of
  151  the second degree, punishable as provided in s. 775.082, s.
  152  775.083, or s. 775.084.
  153         3. Any other controlled substance, except as lawfully sold,
  154  manufactured, or delivered, must be sentenced to pay a $500 fine
  155  and to serve 100 hours of public service in addition to any
  156  other penalty prescribed by law.
  157         Section 3. This act shall take effect October 1, 2022.