Florida Senate - 2023 COMMITTEE AMENDMENT Bill No. CS for SB 1226 Ì829160ÉÎ829160 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/13/2023 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Appropriations Committee on Criminal and Civil 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. Resembles the trade dress of a branded food product, 34 consumer food product, or logo food product; 35 b. Incorporates an actual or fake registered copyright, 36 service mark, or trademark; 37 c. Resembles candy, cereal, a gummy, a vitamin, or a 38 chewable product, such as a gum or gelatin-based product; or 39 d. Contains a cartoon character imprint. 40 Section 2. Paragraph (c) of subsection (1) of section 41 893.135, Florida Statutes, is amended to read: 42 893.135 Trafficking; mandatory sentences; suspension or 43 reduction of sentences; conspiracy to engage in trafficking.— 44 (1) Except as authorized in this chapter or in chapter 499 45 and notwithstanding the provisions of s. 893.13: 46 (c)1. A person who knowingly sells, purchases, 47 manufactures, delivers, or brings into this state, or who is 48 knowingly in actual or constructive possession of, 4 grams or 49 more of any morphine, opium, hydromorphone, or any salt, 50 derivative, isomer, or salt of an isomer thereof, including 51 heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or 52 (3)(c)4., or 4 grams or more of any mixture containing any such 53 substance, but less than 30 kilograms of such substance or 54 mixture, commits a felony of the first degree, which felony 55 shall be known as “trafficking in illegal drugs,” punishable as 56 provided in s. 775.082, s. 775.083, or s. 775.084. If the 57 quantity involved: 58 a. Is 4 grams or more, but less than 14 grams, such person 59 shall be sentenced to a mandatory minimum term of imprisonment 60 of 3 years and shall be ordered to pay a fine of $50,000. 61 b. Is 14 grams or more, but less than 28 grams, such person 62 shall be sentenced to a mandatory minimum term of imprisonment 63 of 15 years and shall be ordered to pay a fine of $100,000. 64 c. Is 28 grams or more, but less than 30 kilograms, such 65 person shall be sentenced to a mandatory minimum term of 66 imprisonment of 25 years and shall be ordered to pay a fine of 67 $500,000. 68 2. A person who knowingly sells, purchases, manufactures, 69 delivers, or brings into this state, or who is knowingly in 70 actual or constructive possession of, 28 grams or more of 71 hydrocodone, as described in s. 893.03(2)(a)1.k., codeine, as 72 described in s. 893.03(2)(a)1.g., or any salt thereof, or 28 73 grams or more of any mixture containing any such substance, 74 commits a felony of the first degree, which felony shall be 75 known as “trafficking in hydrocodone,” punishable as provided in 76 s. 775.082, s. 775.083, or s. 775.084. If the quantity involved: 77 a. Is 28 grams or more, but less than 50 grams, such person 78 shall be sentenced to a mandatory minimum term of imprisonment 79 of 3 years and shall be ordered to pay a fine of $50,000. 80 b. Is 50 grams or more, but less than 100 grams, such 81 person shall be sentenced to a mandatory minimum term of 82 imprisonment of 7 years and shall be ordered to pay a fine of 83 $100,000. 84 c. Is 100 grams or more, but less than 300 grams, such 85 person shall be sentenced to a mandatory minimum term of 86 imprisonment of 15 years and shall be ordered to pay a fine of 87 $500,000. 88 d. Is 300 grams or more, but less than 30 kilograms, such 89 person shall be sentenced to a mandatory minimum term of 90 imprisonment of 25 years and shall be ordered to pay a fine of 91 $750,000. 92 3. A person who knowingly sells, purchases, manufactures, 93 delivers, or brings into this state, or who is knowingly in 94 actual or constructive possession of, 7 grams or more of 95 oxycodone, as described in s. 893.03(2)(a)1.q., or any salt 96 thereof, or 7 grams or more of any mixture containing any such 97 substance, commits a felony of the first degree, which felony 98 shall be known as “trafficking in oxycodone,” punishable as 99 provided in s. 775.082, s. 775.083, or s. 775.084. If the 100 quantity involved: 101 a. Is 7 grams or more, but less than 14 grams, such person 102 shall be sentenced to a mandatory minimum term of imprisonment 103 of 3 years and shall be ordered to pay a fine of $50,000. 104 b. Is 14 grams or more, but less than 25 grams, such person 105 shall be sentenced to a mandatory minimum term of imprisonment 106 of 7 years and shall be ordered to pay a fine of $100,000. 107 c. Is 25 grams or more, but less than 100 grams, such 108 person shall be sentenced to a mandatory minimum term of 109 imprisonment of 15 years and shall be ordered to pay a fine of 110 $500,000. 111 d. Is 100 grams or more, but less than 30 kilograms, such 112 person shall be sentenced to a mandatory minimum term of 113 imprisonment of 25 years and shall be ordered to pay a fine of 114 $750,000. 115 4.a. A person who knowingly sells, purchases, manufactures, 116 delivers, or brings into this state, or who is knowingly in 117 actual or constructive possession of, 4 grams or more of: 118 (I) Alfentanil, as described in s. 893.03(2)(b)1.; 119 (II) Carfentanil, as described in s. 893.03(2)(b)6.; 120 (III) Fentanyl, as described in s. 893.03(2)(b)9.; 121 (IV) Sufentanil, as described in s. 893.03(2)(b)30.; 122 (V) A fentanyl derivative, as described in s. 123 893.03(1)(a)62.; 124 (VI) A controlled substance analog, as described in s. 125 893.0356, of any substance described in sub-sub-subparagraphs 126 (I)-(V); or 127 (VII) A mixture containing any substance described in sub 128 sub-subparagraphs (I)-(VI), 129 130 commits a felony of the first degree, which felony shall be 131 known as “trafficking in dangerous fentanyl or fentanyl 132 analogues,” punishable as provided in s. 775.082, s. 775.083, or 133 s. 775.084. 134 b. If the quantity involved under sub-subparagraph a.: 135 (I) Is 4 grams or more, but less than 14 grams, such person 136 shall be sentenced to a mandatory minimum term of imprisonment 137 of 7 years, and shall be ordered to pay a fine of $50,000. 138 (II) Is 14 grams or more, but less than 28 grams, such 139 person shall be sentenced to a mandatory minimum term of 140 imprisonment of 20 years, and shall be ordered to pay a fine of 141 $100,000. 142 (III) Is 28 grams or more, such person shall be sentenced 143 to a mandatory minimum term of imprisonment of 25 years, and 144 shall be ordered to pay a fine of $500,000. 145 c. A person who violates sub-subparagraph a. shall be 146 sentenced to a mandatory minimum term of not less than 25 years 147 and not exceeding life imprisonment, and shall be ordered to pay 148 a fine of $1 million if the substance or mixture listed in sub 149 subparagraph a. is in a form that resembles, or is mixed, 150 granulated, absorbed, spray-dried, or aerosolized as or onto, 151 coated on, in whole or in part, or solubilized with or into, a 152 product, when such product or its packaging further has at least 153 one of the following attributes: 154 (I) Resembles the trade dress of a branded food product, 155 consumer food product, or logo food product; 156 (II) Incorporates an actual or fake registered copyright, 157 service mark, or trademark; 158 (III) Resembles candy, cereal, a gummy, a vitamin, or a 159 chewable product, such as a gum or gelatin-based product; or 160 (IV) Contains a cartoon character imprint. 161 5. A person who knowingly sells, purchases, manufactures, 162 delivers, or brings into this state, or who is knowingly in 163 actual or constructive possession of, 30 kilograms or more of 164 any morphine, opium, oxycodone, hydrocodone, codeine, 165 hydromorphone, or any salt, derivative, isomer, or salt of an 166 isomer thereof, including heroin, as described in s. 167 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or 168 more of any mixture containing any such substance, commits the 169 first degree felony of trafficking in illegal drugs. A person 170 who has been convicted of the first degree felony of trafficking 171 in illegal drugs under this subparagraph shall be punished by 172 life imprisonment and is ineligible for any form of 173 discretionary early release except pardon or executive clemency 174 or conditional medical release under s. 947.149. However, if the 175 court determines that, in addition to committing any act 176 specified in this paragraph: 177 a. The person intentionally killed an individual or 178 counseled, commanded, induced, procured, or caused the 179 intentional killing of an individual and such killing was the 180 result; or 181 b. The person’s conduct in committing that act led to a 182 natural, though not inevitable, lethal result, 183 184 such person commits the capital felony of trafficking in illegal 185 drugs, punishable as provided in ss. 775.082 and 921.142. A 186 person sentenced for a capital felony under this paragraph shall 187 also be sentenced to pay the maximum fine provided under 188 subparagraph 1. 189 6. A person who knowingly brings into this state 60 190 kilograms or more of any morphine, opium, oxycodone, 191 hydrocodone, codeine, hydromorphone, or any salt, derivative, 192 isomer, or salt of an isomer thereof, including heroin, as 193 described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 194 60 kilograms or more of any mixture containing any such 195 substance, and who knows that the probable result of such 196 importation would be the death of a person, commits capital 197 importation of illegal drugs, a capital felony punishable as 198 provided in ss. 775.082 and 921.142. A person sentenced for a 199 capital felony under this paragraph shall also be sentenced to 200 pay the maximum fine provided under subparagraph 1. 201 Section 3. This act shall take effect October 1, 2023. 202 203 ================= T I T L E A M E N D M E N T ================ 204 And the title is amended as follows: 205 Delete everything before the enacting clause 206 and insert: 207 A bill to be entitled 208 An act relating to controlled substances; amending s. 209 893.13, F.S.; providing criminal penalties; providing 210 for a mandatory minimum term of imprisonment if a 211 person sells, manufactures, or delivers or possesses 212 with intent to sell, manufacture, or deliver specified 213 substances or mixtures, and such substance or mixture 214 has at least one specified attribute; amending s. 215 893.135, F.S.; providing enhanced criminal penalties; 216 providing for a mandatory minimum term of imprisonment 217 if a person commits specified prohibited acts relating 218 to controlled substances, and such substance or 219 mixture has at least one specified attribute; 220 providing an effective date.