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         893.131Distribution 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.