Florida Senate - 2023                      CS for CS for SB 1226
       
       
        
       By the Appropriations Committee on Criminal and Civil Justice;
       the Committee on Criminal Justice; and Senator Burgess
       
       
       
       
       604-03775-23                                          20231226c2
    1                        A bill to be entitled                      
    2         An act relating to controlled substances; amending s.
    3         893.13, F.S.; providing criminal penalties; providing
    4         for a mandatory minimum term of imprisonment if a
    5         person sells, manufactures, or delivers or possesses
    6         with 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         providing for a mandatory minimum term of imprisonment
   11         if a person commits specified prohibited acts relating
   12         to controlled substances, and such substance or
   13         mixture has at least one specified attribute;
   14         providing an 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, and must be sentenced to a
   25  mandatory minimum term of imprisonment of 3 years, if:
   26         1.The person sells, manufactures, or delivers, or
   27  possesses with intent to sell, manufacture, or deliver, any of
   28  the following:
   29         a.Alfentanil, as described in s. 893.03(2)(b)1.;
   30         b.Carfentanil, as described in s. 893.03(2)(b)6.;
   31         c.Fentanyl, as described in s. 893.03(2)(b)9.;
   32         d.Sufentanil, as described in s. 893.03(2)(b)30.;
   33         e.A fentanyl derivative, as described in s.
   34  893.03(1)(a)62.;
   35         f.A controlled substance analog, as described in s.
   36  893.0356, of any substance described in sub-subparagraphs a.-e.;
   37  or
   38         g.A mixture containing any substance described in sub
   39  subparagraphs a.-f.; and
   40         2.The substance or mixture listed in subparagraph 1. is in
   41  a form that resembles, or is mixed, granulated, absorbed, spray
   42  dried, or aerosolized as or onto, coated on, in whole or in
   43  part, or solubilized with or into, a product, when such product
   44  or its packaging further has at least one of the following
   45  attributes:
   46         a.Resembles the trade dress of a branded food product,
   47  consumer food product, or logo food product;
   48         b.Incorporates an actual or fake registered copyright,
   49  service mark, or trademark;
   50         c.Resembles candy, cereal, a gummy, a vitamin, or a
   51  chewable product, such as a gum or gelatin-based product; or
   52         d.Contains a cartoon character imprint.
   53         Section 2. Paragraph (c) of subsection (1) of section
   54  893.135, Florida Statutes, is amended to read:
   55         893.135 Trafficking; mandatory sentences; suspension or
   56  reduction of sentences; conspiracy to engage in trafficking.—
   57         (1) Except as authorized in this chapter or in chapter 499
   58  and notwithstanding the provisions of s. 893.13:
   59         (c)1. A person who knowingly sells, purchases,
   60  manufactures, delivers, or brings into this state, or who is
   61  knowingly in actual or constructive possession of, 4 grams or
   62  more of any morphine, opium, hydromorphone, or any salt,
   63  derivative, isomer, or salt of an isomer thereof, including
   64  heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or
   65  (3)(c)4., or 4 grams or more of any mixture containing any such
   66  substance, but less than 30 kilograms of such substance or
   67  mixture, commits a felony of the first degree, which felony
   68  shall be known as “trafficking in illegal drugs,” punishable as
   69  provided in s. 775.082, s. 775.083, or s. 775.084. If the
   70  quantity involved:
   71         a. Is 4 grams or more, but less than 14 grams, such person
   72  shall be sentenced to a mandatory minimum term of imprisonment
   73  of 3 years and shall be ordered to pay a fine of $50,000.
   74         b. Is 14 grams or more, but less than 28 grams, such person
   75  shall be sentenced to a mandatory minimum term of imprisonment
   76  of 15 years and shall be ordered to pay a fine of $100,000.
   77         c. Is 28 grams or more, but less than 30 kilograms, such
   78  person shall be sentenced to a mandatory minimum term of
   79  imprisonment of 25 years and shall be ordered to pay a fine of
   80  $500,000.
   81         2. A person who knowingly sells, purchases, manufactures,
   82  delivers, or brings into this state, or who is knowingly in
   83  actual or constructive possession of, 28 grams or more of
   84  hydrocodone, as described in s. 893.03(2)(a)1.k., codeine, as
   85  described in s. 893.03(2)(a)1.g., or any salt thereof, or 28
   86  grams or more of any mixture containing any such substance,
   87  commits a felony of the first degree, which felony shall be
   88  known as “trafficking in hydrocodone,” punishable as provided in
   89  s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
   90         a. Is 28 grams or more, but less than 50 grams, such person
   91  shall be sentenced to a mandatory minimum term of imprisonment
   92  of 3 years and shall be ordered to pay a fine of $50,000.
   93         b. Is 50 grams or more, but less than 100 grams, such
   94  person shall be sentenced to a mandatory minimum term of
   95  imprisonment of 7 years and shall be ordered to pay a fine of
   96  $100,000.
   97         c. Is 100 grams or more, but less than 300 grams, such
   98  person shall be sentenced to a mandatory minimum term of
   99  imprisonment of 15 years and shall be ordered to pay a fine of
  100  $500,000.
  101         d. Is 300 grams or more, but less than 30 kilograms, such
  102  person shall be sentenced to a mandatory minimum term of
  103  imprisonment of 25 years and shall be ordered to pay a fine of
  104  $750,000.
  105         3. A person who knowingly sells, purchases, manufactures,
  106  delivers, or brings into this state, or who is knowingly in
  107  actual or constructive possession of, 7 grams or more of
  108  oxycodone, as described in s. 893.03(2)(a)1.q., or any salt
  109  thereof, or 7 grams or more of any mixture containing any such
  110  substance, commits a felony of the first degree, which felony
  111  shall be known as “trafficking in oxycodone,” punishable as
  112  provided in s. 775.082, s. 775.083, or s. 775.084. If the
  113  quantity involved:
  114         a. Is 7 grams or more, but less than 14 grams, such person
  115  shall be sentenced to a mandatory minimum term of imprisonment
  116  of 3 years and shall be ordered to pay a fine of $50,000.
  117         b. Is 14 grams or more, but less than 25 grams, such person
  118  shall be sentenced to a mandatory minimum term of imprisonment
  119  of 7 years and shall be ordered to pay a fine of $100,000.
  120         c. Is 25 grams or more, but less than 100 grams, such
  121  person shall be sentenced to a mandatory minimum term of
  122  imprisonment of 15 years and shall be ordered to pay a fine of
  123  $500,000.
  124         d. Is 100 grams or more, but less than 30 kilograms, such
  125  person shall be sentenced to a mandatory minimum term of
  126  imprisonment of 25 years and shall be ordered to pay a fine of
  127  $750,000.
  128         4.a. A person who knowingly sells, purchases, manufactures,
  129  delivers, or brings into this state, or who is knowingly in
  130  actual or constructive possession of, 4 grams or more of:
  131         (I) Alfentanil, as described in s. 893.03(2)(b)1.;
  132         (II) Carfentanil, as described in s. 893.03(2)(b)6.;
  133         (III) Fentanyl, as described in s. 893.03(2)(b)9.;
  134         (IV) Sufentanil, as described in s. 893.03(2)(b)30.;
  135         (V) A fentanyl derivative, as described in s.
  136  893.03(1)(a)62.;
  137         (VI) A controlled substance analog, as described in s.
  138  893.0356, of any substance described in sub-sub-subparagraphs
  139  (I)-(V); or
  140         (VII) A mixture containing any substance described in sub
  141  sub-subparagraphs (I)-(VI),
  142  
  143  commits a felony of the first degree, which felony shall be
  144  known as “trafficking in dangerous fentanyl or fentanyl
  145  analogues,” punishable as provided in s. 775.082, s. 775.083, or
  146  s. 775.084.
  147         b. If the quantity involved under sub-subparagraph a.:
  148         (I) Is 4 grams or more, but less than 14 grams, such person
  149  shall be sentenced to a mandatory minimum term of imprisonment
  150  of 7 years, and shall be ordered to pay a fine of $50,000.
  151         (II) Is 14 grams or more, but less than 28 grams, such
  152  person shall be sentenced to a mandatory minimum term of
  153  imprisonment of 20 years, and shall be ordered to pay a fine of
  154  $100,000.
  155         (III) Is 28 grams or more, such person shall be sentenced
  156  to a mandatory minimum term of imprisonment of 25 years, and
  157  shall be ordered to pay a fine of $500,000.
  158         c.A person who violates sub-subparagraph a. shall be
  159  sentenced to a mandatory minimum term of not less than 25 years
  160  and not exceeding life imprisonment, and shall be ordered to pay
  161  a fine of $1 million if the substance or mixture listed in sub
  162  subparagraph a. is in a form that resembles, or is mixed,
  163  granulated, absorbed, spray-dried, or aerosolized as or onto,
  164  coated on, in whole or in part, or solubilized with or into, a
  165  product, when such product or its packaging further has at least
  166  one of the following attributes:
  167         (I)Resembles the trade dress of a branded food product,
  168  consumer food product, or logo food product;
  169         (II)Incorporates an actual or fake registered copyright,
  170  service mark, or trademark;
  171         (III)Resembles candy, cereal, a gummy, a vitamin, or a
  172  chewable product, such as a gum or gelatin-based product; or
  173         (IV)Contains a cartoon character imprint.
  174         5. A person who knowingly sells, purchases, manufactures,
  175  delivers, or brings into this state, or who is knowingly in
  176  actual or constructive possession of, 30 kilograms or more of
  177  any morphine, opium, oxycodone, hydrocodone, codeine,
  178  hydromorphone, or any salt, derivative, isomer, or salt of an
  179  isomer thereof, including heroin, as described in s.
  180  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or
  181  more of any mixture containing any such substance, commits the
  182  first degree felony of trafficking in illegal drugs. A person
  183  who has been convicted of the first degree felony of trafficking
  184  in illegal drugs under this subparagraph shall be punished by
  185  life imprisonment and is ineligible for any form of
  186  discretionary early release except pardon or executive clemency
  187  or conditional medical release under s. 947.149. However, if the
  188  court determines that, in addition to committing any act
  189  specified in this paragraph:
  190         a. The person intentionally killed an individual or
  191  counseled, commanded, induced, procured, or caused the
  192  intentional killing of an individual and such killing was the
  193  result; or
  194         b. The person’s conduct in committing that act led to a
  195  natural, though not inevitable, lethal result,
  196  
  197  such person commits the capital felony of trafficking in illegal
  198  drugs, punishable as provided in ss. 775.082 and 921.142. A
  199  person sentenced for a capital felony under this paragraph shall
  200  also be sentenced to pay the maximum fine provided under
  201  subparagraph 1.
  202         6. A person who knowingly brings into this state 60
  203  kilograms or more of any morphine, opium, oxycodone,
  204  hydrocodone, codeine, hydromorphone, or any salt, derivative,
  205  isomer, or salt of an isomer thereof, including heroin, as
  206  described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or
  207  60 kilograms or more of any mixture containing any such
  208  substance, and who knows that the probable result of such
  209  importation would be the death of a person, commits capital
  210  importation of illegal drugs, a capital felony punishable as
  211  provided in ss. 775.082 and 921.142. A person sentenced for a
  212  capital felony under this paragraph shall also be sentenced to
  213  pay the maximum fine provided under subparagraph 1.
  214         Section 3. This act shall take effect October 1, 2023.