Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 1226
       
       
       
       
       
       
                                Ì569834HÎ569834                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/20/2023           .                                
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       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.