Florida Senate - 2023 SB 1226 By Senator Burgess 23-00990A-23 20231226__ 1 A bill to be entitled 2 An act relating to controlled substances; amending s. 3 893.13, F.S.; providing criminal penalties and a 4 mandatory minimum term of imprisonment if a person 5 sells, manufactures, or delivers, or possesses with 6 intent to sell, manufacture, or deliver, specified 7 substances or mixtures, and such substance or mixture 8 has at least one specified attribute; amending s. 9 893.135, F.S.; providing enhanced criminal penalties 10 and a mandatory minimum term of imprisonment if a 11 person commits specified prohibited acts relating to 12 controlled substances, and such substance or mixture 13 has at least one specified attribute; providing an 14 effective date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18 Section 1. Paragraph (i) is added to subsection (1) of 19 section 893.13, Florida Statutes, to read: 20 893.13 Prohibited acts; penalties.— 21 (1) 22 (i) Except as authorized by this chapter, a person commits 23 a felony of the first degree, punishable as provided in s. 24 775.082, s. 775.083, or s. 775.084, with a mandatory minimum 25 term of imprisonment of 3 years, if the person: 26 1. Sells, manufactures, or delivers, or possesses with 27 intent to sell, manufacture, or deliver, any of the following: 28 a. Alfentanil, as described in s. 893.03(2)(b)1.; 29 b. Carfentanil, as described in s. 893.03(2)(b)6.; 30 c. Fentanyl, as described in s. 893.03(2)(b)9.; 31 d. Sufentanil, as described in s. 893.03(2)(b)30.; 32 e. A fentanyl derivative, as described in s. 33 893.03(1)(a)62.; 34 f. A controlled substance analog, as described in s. 35 893.0356, of any substance described in sub-subparagraphs a.-e.; 36 or 37 g. A mixture containing any substance described in sub 38 subparagraphs a.-f.; and 39 2. The substance or mixture listed in subparagraph 1. is in 40 a form that resembles, or is mixed, granulated, absorbed, spray 41 dried, or aerosolized as or onto, coated on, in whole or in 42 part, or solubilized with or into, a product, when such product 43 or its packaging further has at least one of the following 44 attributes: 45 a. Resembles the trade dress of a consumer food product, 46 branded food product, or logo food product; 47 b. Incorporates an actual or fake registered trademark, 48 service mark, or copyright; 49 c. Resembles cereal, candy, a vitamin, a gummy, or a 50 chewable product, such as a gum or gelatin-based product; or 51 d. Contains a cartoon character imprint. 52 Section 2. Paragraph (c) of subsection (1) of section 53 893.135, Florida Statutes, is amended to read: 54 893.135 Trafficking; mandatory sentences; suspension or 55 reduction of sentences; conspiracy to engage in trafficking.— 56 (1) Except as authorized in this chapter or in chapter 499 57 and notwithstanding the provisions of s. 893.13: 58 (c)1. A person who knowingly sells, purchases, 59 manufactures, delivers, or brings into this state, or who is 60 knowingly in actual or constructive possession of, 4 grams or 61 more of any morphine, opium, hydromorphone, or any salt, 62 derivative, isomer, or salt of an isomer thereof, including 63 heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or 64 (3)(c)4., or 4 grams or more of any mixture containing any such 65 substance, but less than 30 kilograms of such substance or 66 mixture, commits a felony of the first degree, which felony 67 shall be known as “trafficking in illegal drugs,” punishable as 68 provided in s. 775.082, s. 775.083, or s. 775.084. If the 69 quantity involved: 70 a. Is 4 grams or more, but less than 14 grams, such person 71 shall be sentenced to a mandatory minimum term of imprisonment 72 of 3 years and shall be ordered to pay a fine of $50,000. 73 b. Is 14 grams or more, but less than 28 grams, such person 74 shall be sentenced to a mandatory minimum term of imprisonment 75 of 15 years and shall be ordered to pay a fine of $100,000. 76 c. Is 28 grams or more, but less than 30 kilograms, such 77 person shall be sentenced to a mandatory minimum term of 78 imprisonment of 25 years and shall be ordered to pay a fine of 79 $500,000. 80 2. A person who knowingly sells, purchases, manufactures, 81 delivers, or brings into this state, or who is knowingly in 82 actual or constructive possession of, 28 grams or more of 83 hydrocodone, as described in s. 893.03(2)(a)1.k., codeine, as 84 described in s. 893.03(2)(a)1.g., or any salt thereof, or 28 85 grams or more of any mixture containing any such substance, 86 commits a felony of the first degree, which felony shall be 87 known as “trafficking in hydrocodone,” punishable as provided in 88 s. 775.082, s. 775.083, or s. 775.084. If the quantity involved: 89 a. Is 28 grams or more, but less than 50 grams, such person 90 shall be sentenced to a mandatory minimum term of imprisonment 91 of 3 years and shall be ordered to pay a fine of $50,000. 92 b. Is 50 grams or more, but less than 100 grams, such 93 person shall be sentenced to a mandatory minimum term of 94 imprisonment of 7 years and shall be ordered to pay a fine of 95 $100,000. 96 c. Is 100 grams or more, but less than 300 grams, such 97 person shall be sentenced to a mandatory minimum term of 98 imprisonment of 15 years and shall be ordered to pay a fine of 99 $500,000. 100 d. Is 300 grams or more, but less than 30 kilograms, such 101 person shall be sentenced to a mandatory minimum term of 102 imprisonment of 25 years and shall be ordered to pay a fine of 103 $750,000. 104 3. A person who knowingly sells, purchases, manufactures, 105 delivers, or brings into this state, or who is knowingly in 106 actual or constructive possession of, 7 grams or more of 107 oxycodone, as described in s. 893.03(2)(a)1.q., or any salt 108 thereof, or 7 grams or more of any mixture containing any such 109 substance, commits a felony of the first degree, which felony 110 shall be known as “trafficking in oxycodone,” punishable as 111 provided in s. 775.082, s. 775.083, or s. 775.084. If the 112 quantity involved: 113 a. Is 7 grams or more, but less than 14 grams, such person 114 shall be sentenced to a mandatory minimum term of imprisonment 115 of 3 years and shall be ordered to pay a fine of $50,000. 116 b. Is 14 grams or more, but less than 25 grams, such person 117 shall be sentenced to a mandatory minimum term of imprisonment 118 of 7 years and shall be ordered to pay a fine of $100,000. 119 c. Is 25 grams or more, but less than 100 grams, such 120 person shall be sentenced to a mandatory minimum term of 121 imprisonment of 15 years and shall be ordered to pay a fine of 122 $500,000. 123 d. Is 100 grams or more, but less than 30 kilograms, such 124 person shall be sentenced to a mandatory minimum term of 125 imprisonment of 25 years and shall be ordered to pay a fine of 126 $750,000. 127 4.a. A person who knowingly sells, purchases, manufactures, 128 delivers, or brings into this state, or who is knowingly in 129 actual or constructive possession of, 4 grams or more of: 130 (I) Alfentanil, as described in s. 893.03(2)(b)1.; 131 (II) Carfentanil, as described in s. 893.03(2)(b)6.; 132 (III) Fentanyl, as described in s. 893.03(2)(b)9.; 133 (IV) Sufentanil, as described in s. 893.03(2)(b)30.; 134 (V) A fentanyl derivative, as described in s. 135 893.03(1)(a)62.; 136 (VI) A controlled substance analog, as described in s. 137 893.0356, of any substance described in sub-sub-subparagraphs 138 (I)-(V); or 139 (VII) A mixture containing any substance described in sub 140 sub-subparagraphs (I)-(VI), 141 142 commits a felony of the first degree, which felony shall be 143 known as “trafficking in dangerous fentanyl or fentanyl 144 analogues,” punishable as provided in s. 775.082, s. 775.083, or 145 s. 775.084. 146 b. If the quantity involved under sub-subparagraph a.: 147 (I) Is 4 grams or more, but less than 14 grams, such person 148 shall be sentenced to a mandatory minimum term of imprisonment 149 of 7 years, and shall be ordered to pay a fine of $50,000. 150 (II) Is 14 grams or more, but less than 28 grams, such 151 person shall be sentenced to a mandatory minimum term of 152 imprisonment of 20 years, and shall be ordered to pay a fine of 153 $100,000. 154 (III) Is 28 grams or more, such person shall be sentenced 155 to a mandatory minimum term of imprisonment of 25 years, and 156 shall be ordered to pay a fine of $500,000. 157 c. A person who violates sub-subparagraph a. shall be 158 sentenced to a mandatory minimum term of imprisonment of not 159 less than 25 years and not exceeding life imprisonment and shall 160 be ordered to pay a fine of $750,000 if the substance or mixture 161 listed in sub-subparagraph a. is in a form that resembles, or is 162 mixed, granulated, absorbed, spray-dried, or aerosolized as or 163 onto, coated on, in whole or in part, or solubilized with or 164 into, a product, when such product or its packaging further has 165 at least one of the following attributes: 166 (I) Resembles the trade dress of a consumer food product, 167 branded food product, or logo food product; 168 (II) Incorporates an actual or fake registered trademark, 169 service mark, or copyright; 170 (III) Resembles cereal, candy, a vitamin, a gummy, or a 171 chewable product, such as a gum or gelatin-based product; or 172 (IV) Contains a cartoon character imprint. 173 5. A person who knowingly sells, purchases, manufactures, 174 delivers, or brings into this state, or who is knowingly in 175 actual or constructive possession of, 30 kilograms or more of 176 any morphine, opium, oxycodone, hydrocodone, codeine, 177 hydromorphone, or any salt, derivative, isomer, or salt of an 178 isomer thereof, including heroin, as described in s. 179 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or 180 more of any mixture containing any such substance, commits the 181 first degree felony of trafficking in illegal drugs. A person 182 who has been convicted of the first degree felony of trafficking 183 in illegal drugs under this subparagraph shall be punished by 184 life imprisonment and is ineligible for any form of 185 discretionary early release except pardon or executive clemency 186 or conditional medical release under s. 947.149. However, if the 187 court determines that, in addition to committing any act 188 specified in this paragraph: 189 a. The person intentionally killed an individual or 190 counseled, commanded, induced, procured, or caused the 191 intentional killing of an individual and such killing was the 192 result; or 193 b. The person’s conduct in committing that act led to a 194 natural, though not inevitable, lethal result, 195 196 such person commits the capital felony of trafficking in illegal 197 drugs, punishable as provided in ss. 775.082 and 921.142. A 198 person sentenced for a capital felony under this paragraph shall 199 also be sentenced to pay the maximum fine provided under 200 subparagraph 1. 201 6. A person who knowingly brings into this state 60 202 kilograms or more of any morphine, opium, oxycodone, 203 hydrocodone, codeine, hydromorphone, or any salt, derivative, 204 isomer, or salt of an isomer thereof, including heroin, as 205 described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 206 60 kilograms or more of any mixture containing any such 207 substance, and who knows that the probable result of such 208 importation would be the death of a person, commits capital 209 importation of illegal drugs, a capital felony punishable as 210 provided in ss. 775.082 and 921.142. A person sentenced for a 211 capital felony under this paragraph shall also be sentenced to 212 pay the maximum fine provided under subparagraph 1. 213 Section 3. This act shall take effect October 1, 2023.