Florida Senate - 2023 COMMITTEE AMENDMENT Bill No. SB 1226 Ì569834HÎ569834 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/20/2023 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Criminal Justice (Burgess) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Paragraph (i) is added to subsection (1) of 6 section 893.13, Florida Statutes, to read: 7 893.13 Prohibited acts; penalties.— 8 (1) 9 (i) Except as authorized by this chapter, a person commits 10 a felony of the first degree, punishable as provided in s. 11 775.082, s. 775.083, or s. 775.084, and must be sentenced to a 12 mandatory minimum term of imprisonment of 3 years, if: 13 1. The person sells, manufactures, or delivers, or 14 possesses with intent to sell, manufacture, or deliver, any of 15 the following: 16 a. Alfentanil, as described in s. 893.03(2)(b)1.; 17 b. Carfentanil, as described in s. 893.03(2)(b)6.; 18 c. Fentanyl, as described in s. 893.03(2)(b)9.; 19 d. Sufentanil, as described in s. 893.03(2)(b)30.; 20 e. A fentanyl derivative, as described in s. 21 893.03(1)(a)62.; 22 f. A controlled substance analog, as described in s. 23 893.0356, of any substance described in sub-subparagraphs a.-e.; 24 or 25 g. A mixture containing any substance described in sub 26 subparagraphs a.-f.; and 27 2. The substance or mixture listed in subparagraph 1. is in 28 a form that resembles, or is mixed, granulated, absorbed, spray 29 dried, or aerosolized as or onto, coated on, in whole or in 30 part, or solubilized with or into, a product, when such product 31 or its packaging further has at least one of the following 32 attributes: 33 a. A bright color or coloring scheme; 34 b. Resembles the trade dress of a branded food product, 35 consumer food product, or logo food product; 36 c. Incorporates an actual or fake registered copyright, 37 service mark, or trademark; 38 d. Resembles candy, cereal, a gummy, a vitamin, or a 39 chewable product, such as a gum or gelatin-based product; or 40 e. Contains a cartoon character imprint. 41 Section 2. Paragraph (c) of subsection (1) of section 42 893.135, Florida Statutes, is amended to read: 43 893.135 Trafficking; mandatory sentences; suspension or 44 reduction of sentences; conspiracy to engage in trafficking.— 45 (1) Except as authorized in this chapter or in chapter 499 46 and notwithstanding the provisions of s. 893.13: 47 (c)1. A person who knowingly sells, purchases, 48 manufactures, delivers, or brings into this state, or who is 49 knowingly in actual or constructive possession of, 4 grams or 50 more of any morphine, opium, hydromorphone, or any salt, 51 derivative, isomer, or salt of an isomer thereof, including 52 heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or 53 (3)(c)4., or 4 grams or more of any mixture containing any such 54 substance, but less than 30 kilograms of such substance or 55 mixture, commits a felony of the first degree, which felony 56 shall be known as “trafficking in illegal drugs,” punishable as 57 provided in s. 775.082, s. 775.083, or s. 775.084. If the 58 quantity involved: 59 a. Is 4 grams or more, but less than 14 grams, such person 60 shall be sentenced to a mandatory minimum term of imprisonment 61 of 3 years and shall be ordered to pay a fine of $50,000. 62 b. Is 14 grams or more, but less than 28 grams, such person 63 shall be sentenced to a mandatory minimum term of imprisonment 64 of 15 years and shall be ordered to pay a fine of $100,000. 65 c. Is 28 grams or more, but less than 30 kilograms, such 66 person shall be sentenced to a mandatory minimum term of 67 imprisonment of 25 years and shall be ordered to pay a fine of 68 $500,000. 69 2. A person who knowingly sells, purchases, manufactures, 70 delivers, or brings into this state, or who is knowingly in 71 actual or constructive possession of, 28 grams or more of 72 hydrocodone, as described in s. 893.03(2)(a)1.k., codeine, as 73 described in s. 893.03(2)(a)1.g., or any salt thereof, or 28 74 grams or more of any mixture containing any such substance, 75 commits a felony of the first degree, which felony shall be 76 known as “trafficking in hydrocodone,” punishable as provided in 77 s. 775.082, s. 775.083, or s. 775.084. If the quantity involved: 78 a. Is 28 grams or more, but less than 50 grams, such person 79 shall be sentenced to a mandatory minimum term of imprisonment 80 of 3 years and shall be ordered to pay a fine of $50,000. 81 b. Is 50 grams or more, but less than 100 grams, such 82 person shall be sentenced to a mandatory minimum term of 83 imprisonment of 7 years and shall be ordered to pay a fine of 84 $100,000. 85 c. Is 100 grams or more, but less than 300 grams, such 86 person shall be sentenced to a mandatory minimum term of 87 imprisonment of 15 years and shall be ordered to pay a fine of 88 $500,000. 89 d. Is 300 grams or more, but less than 30 kilograms, such 90 person shall be sentenced to a mandatory minimum term of 91 imprisonment of 25 years and shall be ordered to pay a fine of 92 $750,000. 93 3. A person who knowingly sells, purchases, manufactures, 94 delivers, or brings into this state, or who is knowingly in 95 actual or constructive possession of, 7 grams or more of 96 oxycodone, as described in s. 893.03(2)(a)1.q., or any salt 97 thereof, or 7 grams or more of any mixture containing any such 98 substance, commits a felony of the first degree, which felony 99 shall be known as “trafficking in oxycodone,” punishable as 100 provided in s. 775.082, s. 775.083, or s. 775.084. If the 101 quantity involved: 102 a. Is 7 grams or more, but less than 14 grams, such person 103 shall be sentenced to a mandatory minimum term of imprisonment 104 of 3 years and shall be ordered to pay a fine of $50,000. 105 b. Is 14 grams or more, but less than 25 grams, such person 106 shall be sentenced to a mandatory minimum term of imprisonment 107 of 7 years and shall be ordered to pay a fine of $100,000. 108 c. Is 25 grams or more, but less than 100 grams, such 109 person shall be sentenced to a mandatory minimum term of 110 imprisonment of 15 years and shall be ordered to pay a fine of 111 $500,000. 112 d. Is 100 grams or more, but less than 30 kilograms, such 113 person shall be sentenced to a mandatory minimum term of 114 imprisonment of 25 years and shall be ordered to pay a fine of 115 $750,000. 116 4.a. A person who knowingly sells, purchases, manufactures, 117 delivers, or brings into this state, or who is knowingly in 118 actual or constructive possession of, 4 grams or more of: 119 (I) Alfentanil, as described in s. 893.03(2)(b)1.; 120 (II) Carfentanil, as described in s. 893.03(2)(b)6.; 121 (III) Fentanyl, as described in s. 893.03(2)(b)9.; 122 (IV) Sufentanil, as described in s. 893.03(2)(b)30.; 123 (V) A fentanyl derivative, as described in s. 124 893.03(1)(a)62.; 125 (VI) A controlled substance analog, as described in s. 126 893.0356, of any substance described in sub-sub-subparagraphs 127 (I)-(V); or 128 (VII) A mixture containing any substance described in sub 129 sub-subparagraphs (I)-(VI), 130 131 commits a felony of the first degree, which felony shall be 132 known as “trafficking in dangerous fentanyl or fentanyl 133 analogues,” punishable as provided in s. 775.082, s. 775.083, or 134 s. 775.084. 135 b. If the quantity involved under sub-subparagraph a.: 136 (I) Is 4 grams or more, but less than 14 grams, such person 137 shall be sentenced to a mandatory minimum term of imprisonment 138 of 7 years, and shall be ordered to pay a fine of $50,000. 139 (II) Is 14 grams or more, but less than 28 grams, such 140 person shall be sentenced to a mandatory minimum term of 141 imprisonment of 20 years, and shall be ordered to pay a fine of 142 $100,000. 143 (III) Is 28 grams or more, such person shall be sentenced 144 to a mandatory minimum term of imprisonment of 25 years, and 145 shall be ordered to pay a fine of $500,000. 146 c. A person who violates sub-subparagraph a. shall be 147 sentenced to a mandatory minimum term of life imprisonment, and 148 shall be ordered to pay a fine of $1 million if the substance or 149 mixture listed in sub-subparagraph a. is in a form that 150 resembles, or is mixed, granulated, absorbed, spray-dried, or 151 aerosolized as or onto, coated on, in whole or in part, or 152 solubilized with or into, a product, when such product or its 153 packaging further has at least one of the following attributes: 154 (I) A bright color or coloring scheme; 155 (II) Resembles the trade dress of a branded food product, 156 consumer food product, or logo food product; 157 (III) Incorporates an actual or fake registered copyright, 158 service mark, or trademark; 159 (IV) Resembles candy, cereal, a gummy, a vitamin, or a 160 chewable product, such as a gum or gelatin-based product; or 161 (V) Contains a cartoon character imprint. 162 5. A person who knowingly sells, purchases, manufactures, 163 delivers, or brings into this state, or who is knowingly in 164 actual or constructive possession of, 30 kilograms or more of 165 any morphine, opium, oxycodone, hydrocodone, codeine, 166 hydromorphone, or any salt, derivative, isomer, or salt of an 167 isomer thereof, including heroin, as described in s. 168 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or 169 more of any mixture containing any such substance, commits the 170 first degree felony of trafficking in illegal drugs. A person 171 who has been convicted of the first degree felony of trafficking 172 in illegal drugs under this subparagraph shall be punished by 173 life imprisonment and is ineligible for any form of 174 discretionary early release except pardon or executive clemency 175 or conditional medical release under s. 947.149. However, if the 176 court determines that, in addition to committing any act 177 specified in this paragraph: 178 a. The person intentionally killed an individual or 179 counseled, commanded, induced, procured, or caused the 180 intentional killing of an individual and such killing was the 181 result; or 182 b. The person’s conduct in committing that act led to a 183 natural, though not inevitable, lethal result, 184 185 such person commits the capital felony of trafficking in illegal 186 drugs, punishable as provided in ss. 775.082 and 921.142. A 187 person sentenced for a capital felony under this paragraph shall 188 also be sentenced to pay the maximum fine provided under 189 subparagraph 1. 190 6. A person who knowingly brings into this state 60 191 kilograms or more of any morphine, opium, oxycodone, 192 hydrocodone, codeine, hydromorphone, or any salt, derivative, 193 isomer, or salt of an isomer thereof, including heroin, as 194 described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 195 60 kilograms or more of any mixture containing any such 196 substance, and who knows that the probable result of such 197 importation would be the death of a person, commits capital 198 importation of illegal drugs, a capital felony punishable as 199 provided in ss. 775.082 and 921.142. A person sentenced for a 200 capital felony under this paragraph shall also be sentenced to 201 pay the maximum fine provided under subparagraph 1. 202 Section 3. This act shall take effect October 1, 2023. 203 204 ================= T I T L E A M E N D M E N T ================ 205 And the title is amended as follows: 206 Delete everything before the enacting clause 207 and insert: 208 A bill to be entitled 209 An act relating to controlled substances; amending s. 210 893.13, F.S.; providing criminal penalties; providing 211 for a mandatory minimum term of imprisonment if a 212 person sells, manufactures, or delivers or possesses 213 with intent to sell, manufacture, or deliver specified 214 substances or mixtures, and such substance or mixture 215 has at least one specified attribute; amending s. 216 893.135, F.S.; providing enhanced criminal penalties; 217 providing for a mandatory minimum term of imprisonment 218 if a person commits specified prohibited acts relating 219 to controlled substances, and such substance or 220 mixture has at least one specified attribute; 221 providing an effective date.