Florida Senate - 2023 CS for CS for CS for SB 1226 By the Committee on Fiscal Policy; the Appropriations Committee on Criminal and Civil Justice; the Committee on Criminal Justice; and Senator Burgess 594-04294-23 20231226c3 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 or mixtures, and such 13 substance or mixture has at least one specified 14 attribute; 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 18 years of age or older who violates sub 159 subparagraph a. by knowingly selling or delivering to a minor at 160 least 4 grams of a substance or mixture listed in sub 161 subparagraph a. shall be sentenced to a mandatory minimum term 162 of not less than 25 years and not exceeding life imprisonment, 163 and shall be ordered to pay a fine of $1 million if the 164 substance or mixture listed in sub-subparagraph a. is in a form 165 that resembles, or is mixed, granulated, absorbed, spray-dried, 166 or aerosolized as or onto, coated on, in whole or in part, or 167 solubilized with or into, a product, when such product or its 168 packaging further has at least one of the following attributes: 169 (I) Resembles the trade dress of a branded food product, 170 consumer food product, or logo food product; 171 (II) Incorporates an actual or fake registered copyright, 172 service mark, or trademark; 173 (III) Resembles candy, cereal, a gummy, a vitamin, or a 174 chewable product, such as a gum or gelatin-based product; or 175 (IV) Contains a cartoon character imprint. 176 5. A person who knowingly sells, purchases, manufactures, 177 delivers, or brings into this state, or who is knowingly in 178 actual or constructive possession of, 30 kilograms or more of 179 any morphine, opium, oxycodone, hydrocodone, codeine, 180 hydromorphone, or any salt, derivative, isomer, or salt of an 181 isomer thereof, including heroin, as described in s. 182 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or 183 more of any mixture containing any such substance, commits the 184 first degree felony of trafficking in illegal drugs. A person 185 who has been convicted of the first degree felony of trafficking 186 in illegal drugs under this subparagraph shall be punished by 187 life imprisonment and is ineligible for any form of 188 discretionary early release except pardon or executive clemency 189 or conditional medical release under s. 947.149. However, if the 190 court determines that, in addition to committing any act 191 specified in this paragraph: 192 a. The person intentionally killed an individual or 193 counseled, commanded, induced, procured, or caused the 194 intentional killing of an individual and such killing was the 195 result; or 196 b. The person’s conduct in committing that act led to a 197 natural, though not inevitable, lethal result, 198 199 such person commits the capital felony of trafficking in illegal 200 drugs, punishable as provided in ss. 775.082 and 921.142. A 201 person sentenced for a capital felony under this paragraph shall 202 also be sentenced to pay the maximum fine provided under 203 subparagraph 1. 204 6. A person who knowingly brings into this state 60 205 kilograms or more of any morphine, opium, oxycodone, 206 hydrocodone, codeine, hydromorphone, or any salt, derivative, 207 isomer, or salt of an isomer thereof, including heroin, as 208 described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 209 60 kilograms or more of any mixture containing any such 210 substance, and who knows that the probable result of such 211 importation would be the death of a person, commits capital 212 importation of illegal drugs, a capital felony punishable as 213 provided in ss. 775.082 and 921.142. A person sentenced for a 214 capital felony under this paragraph shall also be sentenced to 215 pay the maximum fine provided under subparagraph 1. 216 Section 3. This act shall take effect October 1, 2023.