Florida Senate - 2022                       CS for CS for SB 190
       
       
        
       By the Committees on Criminal Justice; and Judiciary; and
       Senator Brodeur
       
       
       
       
       591-02805-22                                           2022190c2
    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; amending s.
    7         893.13, F.S.; prohibiting specified activities
    8         involving controlled substances within 1,000 feet of
    9         additional specified facilities; providing criminal
   10         penalties; amending s. 893.145, F.S.; revising the
   11         definition of the term “drug paraphernalia”; providing
   12         an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Paragraph (a) of subsection (1) and subsection
   17  (4) of section 782.04, Florida Statutes, are amended to 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 be the
   51  proximate cause of the death of the user:
   52         a. A substance controlled under s. 893.03(1);
   53         b. Cocaine, as described in s. 893.03(2)(a)4.;
   54         c. Opium or any synthetic or natural salt, compound,
   55  derivative, or preparation of opium;
   56         d. Methadone;
   57         e. Alfentanil, as described in s. 893.03(2)(b)1.;
   58         f. Carfentanil, as described in s. 893.03(2)(b)6.;
   59         g. Fentanyl, as described in s. 893.03(2)(b)9.;
   60         h. Sufentanil, as described in s. 893.03(2)(b)30.; or
   61         i. Methamphetamine, as described in s. 893.03(2)(c)5.; or
   62         j. A controlled substance analog, as described in s.
   63  893.0356, of any substance specified in sub-subparagraphs a.-i.
   64  sub-subparagraphs a.-h.,
   65  
   66  is murder in the first degree and constitutes a capital felony,
   67  punishable as provided in s. 775.082.
   68         (4) The unlawful killing of a human being, when perpetrated
   69  without any design to effect death, by a person engaged in the
   70  perpetration of, or in the attempt to perpetrate, any felony
   71  other than any:
   72         (a) Trafficking offense prohibited by s. 893.135(1),
   73         (b) Arson,
   74         (c) Sexual battery,
   75         (d) Robbery,
   76         (e) Burglary,
   77         (f) Kidnapping,
   78         (g) Escape,
   79         (h) Aggravated child abuse,
   80         (i) Aggravated abuse of an elderly person or disabled
   81  adult,
   82         (j) Aircraft piracy,
   83         (k) Unlawful throwing, placing, or discharging of a
   84  destructive device or bomb,
   85         (l) Unlawful distribution of any substance listed in sub
   86  subparagraphs (1)(a)3.a.–j. controlled under s. 893.03(1),
   87  cocaine as described in s. 893.03(2)(a)4., or opium or any
   88  synthetic or natural salt, compound, derivative, or preparation
   89  of opium by a person 18 years of age or older, when such
   90  substance drug is proven to be the proximate cause of the death
   91  of the user,
   92         (m) Carjacking,
   93         (n) Home-invasion robbery,
   94         (o) Aggravated stalking,
   95         (p) Murder of another human being,
   96         (q) Aggravated fleeing or eluding with serious bodily
   97  injury or death,
   98         (r) Resisting an officer with violence to his or her
   99  person, or
  100         (s) Felony that is an act of terrorism or is in furtherance
  101  of an act of terrorism, including a felony under s. 775.30, s.
  102  775.32, s. 775.33, s. 775.34, or s. 775.35,
  103  
  104  is murder in the third degree and constitutes a felony of the
  105  second degree, punishable as provided in s. 775.082, s. 775.083,
  106  or s. 775.084.
  107         Section 2. Paragraph (h) of subsection (1) of section
  108  893.13, Florida Statutes, is amended to read:
  109         893.13 Prohibited acts; penalties.—
  110         (1)
  111         (h) Except as authorized by this chapter, a person may not
  112  sell, manufacture, or deliver, or possess with intent to sell,
  113  manufacture, or deliver, a controlled substance in, on, or
  114  within 1,000 feet of the real property comprising a mental
  115  health facility, as that term is used in chapter 394; a health
  116  care facility licensed under chapter 395 which provides
  117  substance abuse treatment; a licensed service provider as
  118  defined in s. 397.311; a facility providing services that
  119  include clinical treatment, intervention, or prevention as
  120  described in s. 397.311(26); a recovery residence as defined in
  121  s. 397.311; an assisted living facility, as defined that term is
  122  used in chapter 429; or a pain management clinic as defined in
  123  s. 458.3265(1)(a)1.c. or s. 459.0137(1)(a)1.c. A person who
  124  violates this paragraph with respect to:
  125         1. A controlled substance named or described in s.
  126  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.
  127  commits a felony of the first degree, punishable as provided in
  128  s. 775.082, s. 775.083, or s. 775.084.
  129         2. A controlled substance named or described in s.
  130  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7.,
  131  (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a felony of
  132  the second degree, punishable as provided in s. 775.082, s.
  133  775.083, or s. 775.084.
  134         3. Any other controlled substance, except as lawfully sold,
  135  manufactured, or delivered, must be sentenced to pay a $500 fine
  136  and to serve 100 hours of public service in addition to any
  137  other penalty prescribed by law.
  138         Section 3. Subsection (4) of section 893.145, Florida
  139  Statutes, is amended to read:
  140         893.145 “Drug paraphernalia” defined.—The term “drug
  141  paraphernalia” means all equipment, products, and materials of
  142  any kind which are used, intended for use, or designed for use
  143  in planting, propagating, cultivating, growing, harvesting,
  144  manufacturing, compounding, converting, producing, processing,
  145  preparing, testing, analyzing, packaging, repackaging, storing,
  146  containing, concealing, transporting, injecting, ingesting,
  147  inhaling, or otherwise introducing into the human body a
  148  controlled substance in violation of this chapter or s. 877.111.
  149  Drug paraphernalia is deemed to be contraband which shall be
  150  subject to civil forfeiture. The term includes, but is not
  151  limited to:
  152         (4) Testing equipment used, intended for use, or designed
  153  for use in identifying, or in analyzing the strength,
  154  effectiveness, or purity of, controlled substances, excluding
  155  narcotic drug testing products that are used to determine
  156  whether a controlled substance contains fentanyl as described in
  157  s. 893.03(2)(b)9. or a controlled substance analog, as defined
  158  in s. 893.0356, of fentanyl.
  159         Section 4. This act shall take effect October 1, 2022.