Florida Senate - 2023 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 280
Ì773068AÎ773068
LEGISLATIVE ACTION
Senate . House
Comm: RS .
04/13/2023 .
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The Committee on Fiscal Policy (Brodeur) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (a) of subsection (1) and subsections
6 (4) and (5) of section 782.04, Florida Statutes, are amended to
7 read:
8 782.04 Murder.—
9 (1)(a) The unlawful killing of a human being:
10 1. When perpetrated from a premeditated design to effect
11 the death of the person killed or any human being;
12 2. When committed by a person engaged in the perpetration
13 of, or in the attempt to perpetrate, any:
14 a. Trafficking offense prohibited by s. 893.135(1),
15 b. Arson,
16 c. Sexual battery,
17 d. Robbery,
18 e. Burglary,
19 f. Kidnapping,
20 g. Escape,
21 h. Aggravated child abuse,
22 i. Aggravated abuse of an elderly person or disabled adult,
23 j. Aircraft piracy,
24 k. Unlawful throwing, placing, or discharging of a
25 destructive device or bomb,
26 l. Carjacking,
27 m. Home-invasion robbery,
28 n. Aggravated stalking,
29 o. Murder of another human being,
30 p. Resisting an officer with violence to his or her person,
31 q. Aggravated fleeing or eluding with serious bodily injury
32 or death,
33 r. Felony that is an act of terrorism or is in furtherance
34 of an act of terrorism, including a felony under s. 775.30, s.
35 775.32, s. 775.33, s. 775.34, or s. 775.35, or
36 s. Human trafficking; or
37 3. Which resulted from the unlawful distribution by a
38 person 18 years of age or older of any of the following
39 substances, or mixture containing any of the following
40 substances, when such substance or mixture is proven to have
41 caused, or is proven to be a substantial factor in producing, be
42 the proximate cause of the death of the user:
43 a. A substance controlled under s. 893.03(1);
44 b. Cocaine, as described in s. 893.03(2)(a)4.;
45 c. Opium or any synthetic or natural salt, compound,
46 derivative, or preparation of opium;
47 d. Methadone;
48 e. Alfentanil, as described in s. 893.03(2)(b)1.;
49 f. Carfentanil, as described in s. 893.03(2)(b)6.;
50 g. Fentanyl, as described in s. 893.03(2)(b)9.;
51 h. Sufentanil, as described in s. 893.03(2)(b)30.;
52 i. Methamphetamine, as described in s. 893.03(2)(c)5.; or
53 j. A controlled substance analog, as described in s.
54 893.0356, of any substance specified in sub-subparagraphs a.-i.,
55
56 is murder in the first degree and constitutes a capital felony,
57 punishable as provided in s. 775.082.
58 (4) The unlawful killing of a human being, when perpetrated
59 without any design to effect death, by a person engaged in the
60 perpetration of, or in the attempt to perpetrate, any felony
61 other than any:
62 (a) Trafficking offense prohibited by s. 893.135(1),
63 (b) Arson,
64 (c) Sexual battery,
65 (d) Robbery,
66 (e) Burglary,
67 (f) Kidnapping,
68 (g) Escape,
69 (h) Aggravated child abuse,
70 (i) Aggravated abuse of an elderly person or disabled
71 adult,
72 (j) Aircraft piracy,
73 (k) Unlawful throwing, placing, or discharging of a
74 destructive device or bomb,
75 (l) Unlawful distribution of any substance listed in sub
76 subparagraphs (1)(a)3.a.-j. by a person 18 years of age or
77 older, when such substance is proven to have caused, or is
78 proven to have been a substantial factor in producing, be the
79 proximate cause of the death of the user,
80 (m) Carjacking,
81 (n) Home-invasion robbery,
82 (o) Aggravated stalking,
83 (p) Murder of another human being,
84 (q) Aggravated fleeing or eluding with serious bodily
85 injury or death,
86 (r) Resisting an officer with violence to his or her
87 person, or
88 (s) Felony that is an act of terrorism or is in furtherance
89 of an act of terrorism, including a felony under s. 775.30, s.
90 775.32, s. 775.33, s. 775.34, or s. 775.35,
91
92 is murder in the third degree and constitutes a felony of the
93 second degree, punishable as provided in s. 775.082, s. 775.083,
94 or s. 775.084.
95 (5) As used in this section, the term:
96 (a) “Substantial factor” means that the use of the
97 substance or mixture alone is sufficient to cause death,
98 regardless of whether any other substance or mixture used is
99 also sufficient to cause death.
100 (b) “Terrorism” means an activity that:
101 (a)1.a. Involves a violent act or an act dangerous to human
102 life which is a violation of the criminal laws of this state or
103 of the United States; or
104 b.2. Involves a violation of s. 815.06; and
105 2.(b) Is intended to:
106 a.1. Intimidate, injure, or coerce a civilian population;
107 b.2. Influence the policy of a government by intimidation
108 or coercion; or
109 c.3. Affect the conduct of government through destruction
110 of property, assassination, murder, kidnapping, or aircraft
111 piracy.
112 Section 2. Section 893.131, Florida Statutes, is created to
113 read:
114 893.131 Distribution of controlled substances resulting in
115 injury or overdose.—
116 (1) As used in this section, the term:
117 (a) “Emergency opioid antagonist” has the same meaning as
118 in s. 381.887.
119 (b) “Injury or overdose” means drug toxicity or the
120 temporary loss of locomotor activity, motor coordination, or
121 consciousness or cognitive impairment.
122 (c) “Medical care” means the administration of treatment
123 for the purposes of preserving or sustaining life or the
124 administration of an emergency opioid antagonist.
125 (d) “Substantial factor” means that the use of a substance
126 or mixture alone is sufficient to cause an injury or overdose,
127 regardless of whether any other substance or mixture used is
128 also sufficient to cause an injury or overdose.
129 (2)(a) Except as provided in paragraph (b), a person 18
130 years of age or older who unlawfully distributes:
131 1. Heroin, as described in s. 893.03(1)(b)11.;
132 2. Alfentanil, as described in s. 893.03(2)(b)1.;
133 3. Carfentanil, as described in s. 893.03(2)(b)6.;
134 4. Fentanyl, as described in s. 893.03(2)(b)9.;
135 5. Sufentanil, as described in s. 893.03(2)(b)30.;
136 6. Fentanyl derivatives, as described in s.
137 893.03(1)(a)62.;
138 7. A controlled substance analog, as described in s.
139 893.0356, of any substance specified in subparagraphs 1.-6.; or
140 8. A mixture containing any substance specified in
141 subparagraphs 1.-7.,
142
143 and an injury or overdose of the user results, commits a felony
144 of the second degree, punishable as provided in s. 775.082, s.
145 775.083, or s. 775.084, when such substance or mixture is proven
146 to have caused or been a substantial factor in causing the
147 injury or overdose of the user.
148 (b) A person 18 years of age or older who commits a
149 violation of paragraph (a) and who has previously been convicted
150 of a violation of paragraph (a) commits a felony of the first
151 degree, punishable as provided in s. 775.082, s. 775.083, or s.
152 775.084.
153 (3) A person violates this section if he or she, either
154 directly or indirectly through another person, distributed to
155 the user who was injured or who overdosed the substance or
156 mixture specified in subparagraphs (2)(a)1.-8.
157 (4) The administration of medical care by an emergency
158 responder, including, but not limited to, a law enforcement
159 officer, a paramedic, or an emergency medical technician, or the
160 administration of an emergency opioid antagonist by such
161 emergency responder, is prima facie evidence that the person
162 receiving medical care was injured or overdosed.
163 Section 3. Paragraph (f) of subsection (3) of section
164 921.0022, Florida Statutes, is amended to read:
165 921.0022 Criminal Punishment Code; offense severity ranking
166 chart.—
167 (3) OFFENSE SEVERITY RANKING CHART
168 (f) LEVEL 6
169
170 FloridaStatute FelonyDegree Description
171 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.
172 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
173 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license.
174 499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement.
175 499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
176 499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
177 775.0875(1) 3rd Taking firearm from law enforcement officer.
178 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
179 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
180 784.041 3rd Felony battery; domestic battery by strangulation.
181 784.048(3) 3rd Aggravated stalking; credible threat.
182 784.048(5) 3rd Aggravated stalking of person under 16.
183 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
184 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
185 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
186 784.081(2) 2nd Aggravated assault on specified official or employee.
187 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
188 784.083(2) 2nd Aggravated assault on code inspector.
189 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
190 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
191 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
192 790.164(1) 2nd False report concerning bomb, explosive, weapon of mass destruction, act of arson or violence to state property, or use of firearms in violent manner.
193 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
194 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
195 794.05(1) 2nd Unlawful sexual activity with specified minor.
196 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years of age; offender less than 18 years.
197 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
198 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
199 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
200 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.
201 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
202 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
203 812.015(9)(a) 2nd Retail theft; property stolen $750 or more; second or subsequent conviction.
204 812.015(9)(b) 2nd Retail theft; aggregated property stolen within 30 days is $3,000 or more; coordination of others.
205 812.015(9)(d) 2nd Retail theft; multiple thefts within specified period.
206 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
207 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
208 817.49(2)(b)2. 2nd Willful making of a false report of a crime resulting in death.
209 817.505(4)(b) 2nd Patient brokering; 10 or more patients.
210 825.102(1) 3rd Abuse of an elderly person or disabled adult.
211 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
212 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
213 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
214 827.03(2)(c) 3rd Abuse of a child.
215 827.03(2)(d) 3rd Neglect of a child.
216 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
217 828.126(3) 3rd Sexual activities involving animals.
218 836.05 2nd Threats; extortion.
219 836.10 2nd Written or electronic threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
220 843.12 3rd Aids or assists person to escape.
221 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
222 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
223 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
224 893.131(2)(a) 2nd Distribution of controlled substances resulting in injury or overdose.
225 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
226 918.13(2)(b) 2nd Tampering with or fabricating physical evidence relating to a capital felony.
227 944.35(3)(a)2. 3rd Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
228 944.40 2nd Escapes.
229 944.46 3rd Harboring, concealing, aiding escaped prisoners.
230 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
231 951.22(1)(i) 3rd Firearm or weapon introduced into county detention facility.
232
233 Section 4. This act shall take effect July 1, 2023.
234
235 ================= T I T L E A M E N D M E N T ================
236 And the title is amended as follows:
237 Delete everything before the enacting clause
238 and insert:
239 A bill to be entitled
240 An act relating to controlled substances; amending s.
241 782.04, F.S.; revising the elements that constitute
242 the capital offense of murder in the first degree;
243 revising the elements that constitute the offense of
244 murder in the third degree and constitute a felony of
245 the second degree; defining the term “substantial
246 factor”; creating s. 893.131, F.S.; defining terms;
247 providing criminal penalties for adults who unlawfully
248 distribute specified substances or mixtures and an
249 injury or overdose of the user results; providing
250 enhanced criminal penalties for repeat offenders;
251 providing construction; amending s. 921.0022, F.S.;
252 ranking an offense on the offense severity ranking
253 chart of the Criminal Punishment Code; providing an
254 effective date.