Florida Senate - 2022                          SENATOR AMENDMENT
       Bill No. CS for HB 95
       
       
       
       
       
       
                                Ì576340ÅÎ576340                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/RE/2R         .                                
             03/03/2022 06:05 PM       .                                
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       Senator Brodeur moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (a) of subsection (1) and subsection
    6  (4) of section 782.04, Florida Statutes, are amended to read:
    7         782.04 Murder.—
    8         (1)(a) The unlawful killing of a human being:
    9         1. When perpetrated from a premeditated design to effect
   10  the death of the person killed or any human being;
   11         2. When committed by a person engaged in the perpetration
   12  of, or in the attempt to perpetrate, any:
   13         a. Trafficking offense prohibited by s. 893.135(1),
   14         b. Arson,
   15         c. Sexual battery,
   16         d. Robbery,
   17         e. Burglary,
   18         f. Kidnapping,
   19         g. Escape,
   20         h. Aggravated child abuse,
   21         i. Aggravated abuse of an elderly person or disabled adult,
   22         j. Aircraft piracy,
   23         k. Unlawful throwing, placing, or discharging of a
   24  destructive device or bomb,
   25         l. Carjacking,
   26         m. Home-invasion robbery,
   27         n. Aggravated stalking,
   28         o. Murder of another human being,
   29         p. Resisting an officer with violence to his or her person,
   30         q. Aggravated fleeing or eluding with serious bodily injury
   31  or death,
   32         r. Felony that is an act of terrorism or is in furtherance
   33  of an act of terrorism, including a felony under s. 775.30, s.
   34  775.32, s. 775.33, s. 775.34, or s. 775.35, or
   35         s. Human trafficking; or
   36         3. Which resulted from the unlawful distribution by a
   37  person 18 years of age or older of any of the following
   38  substances, or mixture containing any of the following
   39  substances, when such substance or mixture is proven to be the
   40  proximate cause of the death of the user:
   41         a. A substance controlled under s. 893.03(1);
   42         b. Cocaine, as described in s. 893.03(2)(a)4.;
   43         c. Opium or any synthetic or natural salt, compound,
   44  derivative, or preparation of opium;
   45         d. Methadone;
   46         e. Alfentanil, as described in s. 893.03(2)(b)1.;
   47         f. Carfentanil, as described in s. 893.03(2)(b)6.;
   48         g. Fentanyl, as described in s. 893.03(2)(b)9.;
   49         h. Sufentanil, as described in s. 893.03(2)(b)30.; or
   50         i. Methamphetamine, as described in s. 893.03(2)(c)5.; or
   51         j. A controlled substance analog, as described in s.
   52  893.0356, of any substance specified in sub-subparagraphs a.-i.
   53  sub-subparagraphs a.-h.,
   54  
   55  is murder in the first degree and constitutes a capital felony,
   56  punishable as provided in s. 775.082.
   57         (4) The unlawful killing of a human being, when perpetrated
   58  without any design to effect death, by a person engaged in the
   59  perpetration of, or in the attempt to perpetrate, any felony
   60  other than any:
   61         (a) Trafficking offense prohibited by s. 893.135(1),
   62         (b) Arson,
   63         (c) Sexual battery,
   64         (d) Robbery,
   65         (e) Burglary,
   66         (f) Kidnapping,
   67         (g) Escape,
   68         (h) Aggravated child abuse,
   69         (i) Aggravated abuse of an elderly person or disabled
   70  adult,
   71         (j) Aircraft piracy,
   72         (k) Unlawful throwing, placing, or discharging of a
   73  destructive device or bomb,
   74         (l) Unlawful distribution of any substance listed in sub
   75  subparagraphs (1)(a)3.a.–j. controlled under s. 893.03(1),
   76  cocaine as described in s. 893.03(2)(a)4., or opium or any
   77  synthetic or natural salt, compound, derivative, or preparation
   78  of opium by a person 18 years of age or older, when such
   79  substance drug is proven to be the proximate cause of the death
   80  of the user,
   81         (m) Carjacking,
   82         (n) Home-invasion robbery,
   83         (o) Aggravated stalking,
   84         (p) Murder of another human being,
   85         (q) Aggravated fleeing or eluding with serious bodily
   86  injury or death,
   87         (r) Resisting an officer with violence to his or her
   88  person, or
   89         (s) Felony that is an act of terrorism or is in furtherance
   90  of an act of terrorism, including a felony under s. 775.30, s.
   91  775.32, s. 775.33, s. 775.34, or s. 775.35,
   92  
   93  is murder in the third degree and constitutes a felony of the
   94  second degree, punishable as provided in s. 775.082, s. 775.083,
   95  or s. 775.084.
   96         Section 2. Paragraph (h) of subsection (1) of section
   97  893.13, Florida Statutes, is amended to read:
   98         893.13 Prohibited acts; penalties.—
   99         (1)
  100         (h) Except as authorized by this chapter, a person may not
  101  sell, manufacture, or deliver, or possess with intent to sell,
  102  manufacture, or deliver, a controlled substance in, on, or
  103  within 1,000 feet of the real property comprising a mental
  104  health facility, as that term is used in chapter 394; a health
  105  care facility licensed under chapter 395 which provides
  106  substance abuse treatment; a licensed service provider as
  107  defined in s. 397.311; a facility providing services that
  108  include clinical treatment, intervention, or prevention as
  109  described in s. 397.311(26); a recovery residence as defined in
  110  s. 397.311; an assisted living facility, as defined that term is
  111  used in chapter 429; or a pain management clinic as defined in
  112  s. 458.3265(1)(a)1.c. or s. 459.0137(1)(a)1.c. A person who
  113  violates this paragraph with respect to:
  114         1. A controlled substance named or described in s.
  115  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.
  116  commits a felony of the first degree, punishable as provided in
  117  s. 775.082, s. 775.083, or s. 775.084.
  118         2. A controlled substance named or described in s.
  119  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7.,
  120  (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a felony of
  121  the second degree, punishable as provided in s. 775.082, s.
  122  775.083, or s. 775.084.
  123         3. Any other controlled substance, except as lawfully sold,
  124  manufactured, or delivered, must be sentenced to pay a $500 fine
  125  and to serve 100 hours of public service in addition to any
  126  other penalty prescribed by law.
  127         Section 3. Paragraph (c) of subsection (1) of section
  128  893.135, Florida Statutes, is amended to read:
  129         893.135 Trafficking; mandatory sentences; suspension or
  130  reduction of sentences; conspiracy to engage in trafficking.—
  131         (1) Except as authorized in this chapter or in chapter 499
  132  and notwithstanding the provisions of s. 893.13:
  133         (c)1. A person who knowingly sells, purchases,
  134  manufactures, delivers, or brings into this state, or who is
  135  knowingly in actual or constructive possession of, 4 grams or
  136  more of any morphine, opium, hydromorphone, or any salt,
  137  derivative, isomer, or salt of an isomer thereof, including
  138  heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or
  139  (3)(c)4., or 4 grams or more of any mixture containing any such
  140  substance, but less than 30 kilograms of such substance or
  141  mixture, commits a felony of the first degree, which felony
  142  shall be known as “trafficking in illegal drugs,” punishable as
  143  provided in s. 775.082, s. 775.083, or s. 775.084. If the
  144  quantity involved:
  145         a. Is 4 grams or more, but less than 14 grams, such person
  146  shall be sentenced to a mandatory minimum term of imprisonment
  147  of 3 years and shall be ordered to pay a fine of $50,000.
  148         b. Is 14 grams or more, but less than 28 grams, such person
  149  shall be sentenced to a mandatory minimum term of imprisonment
  150  of 15 years and shall be ordered to pay a fine of $100,000.
  151         c. Is 28 grams or more, but less than 30 kilograms, such
  152  person shall be sentenced to a mandatory minimum term of
  153  imprisonment of 25 years and shall be ordered to pay a fine of
  154  $500,000.
  155         2. A person who knowingly sells, purchases, manufactures,
  156  delivers, or brings into this state, or who is knowingly in
  157  actual or constructive possession of, 28 grams or more of
  158  hydrocodone, as described in s. 893.03(2)(a)1.k., codeine, as
  159  described in s. 893.03(2)(a)1.g., or any salt thereof, or 28
  160  grams or more of any mixture containing any such substance,
  161  commits a felony of the first degree, which felony shall be
  162  known as “trafficking in hydrocodone,” punishable as provided in
  163  s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
  164         a. Is 28 grams or more, but less than 50 grams, such person
  165  shall be sentenced to a mandatory minimum term of imprisonment
  166  of 3 years and shall be ordered to pay a fine of $50,000.
  167         b. Is 50 grams or more, but less than 100 grams, such
  168  person shall be sentenced to a mandatory minimum term of
  169  imprisonment of 7 years and shall be ordered to pay a fine of
  170  $100,000.
  171         c. Is 100 grams or more, but less than 300 grams, such
  172  person shall be sentenced to a mandatory minimum term of
  173  imprisonment of 15 years and shall be ordered to pay a fine of
  174  $500,000.
  175         d. Is 300 grams or more, but less than 30 kilograms, such
  176  person shall be sentenced to a mandatory minimum term of
  177  imprisonment of 25 years and shall be ordered to pay a fine of
  178  $750,000.
  179         3. A person who knowingly sells, purchases, manufactures,
  180  delivers, or brings into this state, or who is knowingly in
  181  actual or constructive possession of, 7 grams or more of
  182  oxycodone, as described in s. 893.03(2)(a)1.q., or any salt
  183  thereof, or 7 grams or more of any mixture containing any such
  184  substance, commits a felony of the first degree, which felony
  185  shall be known as “trafficking in oxycodone,” punishable as
  186  provided in s. 775.082, s. 775.083, or s. 775.084. If the
  187  quantity involved:
  188         a. Is 7 grams or more, but less than 14 grams, such person
  189  shall be sentenced to a mandatory minimum term of imprisonment
  190  of 3 years and shall be ordered to pay a fine of $50,000.
  191         b. Is 14 grams or more, but less than 25 grams, such person
  192  shall be sentenced to a mandatory minimum term of imprisonment
  193  of 7 years and shall be ordered to pay a fine of $100,000.
  194         c. Is 25 grams or more, but less than 100 grams, such
  195  person shall be sentenced to a mandatory minimum term of
  196  imprisonment of 15 years and shall be ordered to pay a fine of
  197  $500,000.
  198         d. Is 100 grams or more, but less than 30 kilograms, such
  199  person shall be sentenced to a mandatory minimum term of
  200  imprisonment of 25 years and shall be ordered to pay a fine of
  201  $750,000.
  202         4.a. A person who knowingly sells, purchases, manufactures,
  203  delivers, or brings into this state, or who is knowingly in
  204  actual or constructive possession of, 4 grams or more of:
  205         (I) Alfentanil, as described in s. 893.03(2)(b)1.;
  206         (II) Carfentanil, as described in s. 893.03(2)(b)6.;
  207         (III) Fentanyl, as described in s. 893.03(2)(b)9.;
  208         (IV) Sufentanil, as described in s. 893.03(2)(b)30.;
  209         (V) A fentanyl derivative, as described in s.
  210  893.03(1)(a)62.;
  211         (VI) A controlled substance analog, as described in s.
  212  893.0356, of any substance described in sub-sub-subparagraphs
  213  (I)-(V); or
  214         (VII) A mixture containing any substance described in sub
  215  sub-subparagraphs (I)-(VI),
  216  
  217  commits a felony of the first degree, which felony shall be
  218  known as “trafficking in dangerous fentanyl or fentanyl
  219  analogues,” punishable as provided in s. 775.082, s. 775.083, or
  220  s. 775.084.
  221         b. If the quantity involved under sub-subparagraph a.:
  222         (I) Is 4 grams or more, but less than 14 grams, such person
  223  shall be sentenced to a mandatory minimum term of imprisonment
  224  of 7 3 years, and shall be ordered to pay a fine of $50,000.
  225         (II) Is 14 grams or more, but less than 28 grams, such
  226  person shall be sentenced to a mandatory minimum term of
  227  imprisonment of 20 15 years, and shall be ordered to pay a fine
  228  of $100,000.
  229         (III) Is 28 grams or more, such person shall be sentenced
  230  to a mandatory minimum term of imprisonment of 25 years, and
  231  shall be ordered to pay a fine of $500,000.
  232         5. A person who knowingly sells, purchases, manufactures,
  233  delivers, or brings into this state, or who is knowingly in
  234  actual or constructive possession of, 30 kilograms or more of
  235  any morphine, opium, oxycodone, hydrocodone, codeine,
  236  hydromorphone, or any salt, derivative, isomer, or salt of an
  237  isomer thereof, including heroin, as described in s.
  238  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or
  239  more of any mixture containing any such substance, commits the
  240  first degree felony of trafficking in illegal drugs. A person
  241  who has been convicted of the first degree felony of trafficking
  242  in illegal drugs under this subparagraph shall be punished by
  243  life imprisonment and is ineligible for any form of
  244  discretionary early release except pardon or executive clemency
  245  or conditional medical release under s. 947.149. However, if the
  246  court determines that, in addition to committing any act
  247  specified in this paragraph:
  248         a. The person intentionally killed an individual or
  249  counseled, commanded, induced, procured, or caused the
  250  intentional killing of an individual and such killing was the
  251  result; or
  252         b. The person’s conduct in committing that act led to a
  253  natural, though not inevitable, lethal result,
  254  
  255  such person commits the capital felony of trafficking in illegal
  256  drugs, punishable as provided in ss. 775.082 and 921.142. A
  257  person sentenced for a capital felony under this paragraph shall
  258  also be sentenced to pay the maximum fine provided under
  259  subparagraph 1.
  260         6. A person who knowingly brings into this state 60
  261  kilograms or more of any morphine, opium, oxycodone,
  262  hydrocodone, codeine, hydromorphone, or any salt, derivative,
  263  isomer, or salt of an isomer thereof, including heroin, as
  264  described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or
  265  60 kilograms or more of any mixture containing any such
  266  substance, and who knows that the probable result of such
  267  importation would be the death of a person, commits capital
  268  importation of illegal drugs, a capital felony punishable as
  269  provided in ss. 775.082 and 921.142. A person sentenced for a
  270  capital felony under this paragraph shall also be sentenced to
  271  pay the maximum fine provided under subparagraph 1.
  272         Section 4. Subsection (4) of section 893.145, Florida
  273  Statutes, is amended to read:
  274         893.145 “Drug paraphernalia” defined.—The term “drug
  275  paraphernalia” means all equipment, products, and materials of
  276  any kind which are used, intended for use, or designed for use
  277  in planting, propagating, cultivating, growing, harvesting,
  278  manufacturing, compounding, converting, producing, processing,
  279  preparing, testing, analyzing, packaging, repackaging, storing,
  280  containing, concealing, transporting, injecting, ingesting,
  281  inhaling, or otherwise introducing into the human body a
  282  controlled substance in violation of this chapter or s. 877.111.
  283  Drug paraphernalia is deemed to be contraband which shall be
  284  subject to civil forfeiture. The term includes, but is not
  285  limited to:
  286         (4) Testing equipment used, intended for use, or designed
  287  for use in identifying, or in analyzing the strength,
  288  effectiveness, or purity of, controlled substances, excluding
  289  narcotic drug testing products that are used to determine
  290  whether a controlled substance contains fentanyl as described in
  291  s. 893.03(2)(b)9. or a controlled substance analog, as defined
  292  in s. 893.0356, of fentanyl.
  293         Section 5. This act shall take effect October 1, 2022.
  294  
  295  ================= T I T L E  A M E N D M E N T ================
  296  And the title is amended as follows:
  297         Delete everything before the enacting clause
  298  and insert:
  299                        A bill to be entitled                      
  300         An act relating to controlled substances; amending s.
  301         782.04, F.S.; revising the elements that constitute
  302         the capital offense of murder in the first degree;
  303         revising the elements that constitute the felony
  304         offense of murder in the third degree; amending s.
  305         893.13, F.S.; prohibiting specified activities
  306         involving controlled substances within 1,000 feet of
  307         additional specified facilities; providing criminal
  308         penalties; amending s. 893.135, F.S.; renaming what
  309         the violation of specified offenses are known as from
  310         “trafficking in fentanyl” to “trafficking in dangerous
  311         fentanyl or fentanyl analogues”; increasing the
  312         mandatory minimum terms of imprisonment for specified
  313         offenses; amending s. 893.145, F.S.; revising the
  314         definition of the term “drug paraphernalia”; providing
  315         an effective date.