F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 6021 2022
1 A bill to be entitled
2 An act relating to mandatory minimum sentences for
3 drug trafficking; amending ss. 893.13 and 893.135,
4 F.S.; repealing mandatory minimum sentences for
5 specified controlled substance offenses; amending s.
6 921.0022, F.S.; conforming provisions to changes made
7 by the act; providing an effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Paragraph (c) of subsection (1) of sect ion
12 893.13, Florida Statutes, is amended to read:
13 893.13 Prohibited acts; penalties.—
14 (1)
15 (c) Except as authorized by this chapter, a person may not
16 sell, manufacture, or deliver, or possess with intent to sell,
17 manufacture, or deliver, a controlled substance in, on, or
18 within 1,000 feet of the real property comprising a child care
19 facility as defined in s. 402.302 or a public or private
20 elementary, middle, or secondary school between the hours of 6
21 a.m. and 12 midnight, or at any time in, on, or withi n 1,000
22 feet of real property comprising a state, county, or municipal
23 park, a community center, or a publicly owned recreational
24 facility. As used in this paragraph, the term "community center"
25 means a facility operated by a nonprofit community-based
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26 organization for the provision of recreational, social, or
27 educational services to the public. A person who violates this
28 paragraph with respect to:
29 1. A controlled substance named or described in s.
30 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.
31 commits a felony of the first degree, punishable as provided in
32 s. 775.082, s. 775.083, or s. 775.084. The defendant must be
33 sentenced to a minimum term of imprisonment of 3 calendar years
34 unless the offense was committed within 1,000 feet of the real
35 property comprising a child care facility as defined in s.
36 402.302.
37 2. A controlled substance named or described in s.
38 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7.,
39 (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a felony of
40 the second degree, punishable as provided in s. 775.082, s.
41 775.083, or s. 775.084.
42 3. Any other controlled substance, except as lawfully
43 sold, manufactured, or delivered, must be sentenced to pay a
44 $500 fine and to serve 100 hours of public service in addition
45 to any other penalty prescribed by law.
46
47 This paragraph does not apply to a child care facility unless
48 the owner or operator of the facility posts a sign that is not
49 less than 2 square feet in size with a word legend identifying
50 the facility as a licensed child care facility and that is
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51 posted on the property of the child care facility in a
52 conspicuous place where the sign is reasonably visible to the
53 public.
54 Section 2. Subsections (1) and (3) of section 893.135,
55 Florida Statutes, are amended to read:
56 893.135 Trafficking; mandatory sentences; suspension or
57 reduction of sentences; conspiracy to engage in trafficking. —
58 (1) Except as authorized in this chapter or in chapter 499
59 and notwithstanding the provisions of s. 893.13:
60 (a) Any person who knowingly sells, purchases,
61 manufactures, delivers, or brings into this state, or who is
62 knowingly in actual or constructive possession of, in excess of
63 25 pounds of cannabis, or 300 or more cannabis plants, commits a
64 felony of the first degree, which felony shall be known as
65 "trafficking in cannabis," punishable as provided in s. 775.082,
66 s. 775.083, or s. 775.084. If the quantity of cannabis involved:
67 1. Is in excess of 25 pounds, but less than 2,000 pounds,
68 or is 300 or more cannabis plants, but not more than 2,000
69 cannabis plants, such person shall be sentenced to a mandatory
70 minimum term of imprisonment of 3 years, and the defendant shall
71 be ordered to pay a fine of $25,000.
72 2. Is 2,000 pounds or more, but less than 10,000 pounds ,
73 or is 2,000 or more cannabis plants, but not more than 10,000
74 cannabis plants, such person shall be sentenced to a mandatory
75 minimum term of imprisonment of 7 years, and the defendant shall
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76 be ordered to pay a fine of $50,000.
77 3. Is 10,000 pounds or more, or is 10,000 or more cannabis
78 plants, such person shall be sentenced to a mandatory minimum
79 term of imprisonment of 15 calendar years and pay a fine of
80 $200,000.
81
82 For the purpose of this paragraph, a plant, including, but not
83 limited to, a seedling or cutting, is a "cannabis plant" if it
84 has some readily observable evidence of root formation, such as
85 root hairs. To determine if a piece or part of a cannabis plant
86 severed from the cannabis plant is itself a cannabis plant, the
87 severed piece or part must have some readily observable evidence
88 of root formation, such as root hairs. Callous tissue is not
89 readily observable evidence of root formation. The viability and
90 sex of a plant and the fact that the plant may or may not be a
91 dead harvested plant are not relevant in determining if the
92 plant is a "cannabis plant" or in the charging of an offense
93 under this paragraph. Upon conviction, the court shall impose
94 the longest term of imprisonment provided for in this paragraph.
95 (b)1. Any person who knowingly sells, purchases,
96 manufactures, delivers, or brings into this state, or who is
97 knowingly in actual or constructive possession of, 28 grams or
98 more of cocaine, as described in s. 893.03(2)(a)4., or of any
99 mixture containing cocaine, but less than 150 kilograms of
100 cocaine or any such mixture, commits a felony of the first
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101 degree, which felony shall be known as "trafficking in cocaine,"
102 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
103 If the quantity involved:
104 a. Is 28 grams or more, but less than 200 grams, such
105 person shall be sentenced to a mandatory minimum term of
106 imprisonment of 3 years, and the defendant shall be ordered to
107 pay a fine of $50,000.
108 b. Is 200 grams or more, but less than 400 grams, such
109 person shall be sentenced to a mandatory minimum term of
110 imprisonment of 7 years, and the defendant shall be ordered to
111 pay a fine of $100,000.
112 c. Is 400 grams or more, but less than 150 kilograms, such
113 person shall be sentenced to a mandatory minimum term of
114 imprisonment of 15 calendar years and pay a fine of $250,000.
115 2. Any person who knowingly sells, purchases,
116 manufactures, delivers, or brings into this state, or who is
117 knowingly in actual or constructive possession of, 150 kilograms
118 or more of cocaine, as described in s. 893.03(2)(a)4., commits
119 the first degree felony of trafficking in cocaine. A person who
120 has been convicted of the first degree felony of trafficking in
121 cocaine under this subparagraph shall be punished by life
122 imprisonment and is ineligible for any form of discretionary
123 early release except pardon or executive clemency or conditional
124 medical release under s. 947.149. However, if the court
125 determines that, in addition to committing any act specified in
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126 this paragraph:
127 a. The person intentionally killed an individual or
128 counseled, commanded, induced, procured, or caused the
129 intentional killing of an individual and such killing was the
130 result; or
131 b. The person's conduct in committing that act led to a
132 natural, though not inevitable, lethal result,
133
134 such person commits the capital felony of trafficking in
135 cocaine, punishable as provided in ss. 775.082 and 921.142. Any
136 person sentenced for a capital felony under this paragraph shall
137 also be sentenced to pay the maximum fine provided under
138 subparagraph 1.
139 3. Any person who knowingly brings into this state 300
140 kilograms or more of cocaine, as described in s. 893.03(2)(a)4.,
141 and who knows that the probable result of such importation would
142 be the death of any person, commits capital importation of
143 cocaine, a capital felony punishable as provided in ss. 775.082
144 and 921.142. Any person sentenced for a capital felony under
145 this paragraph shall also be sentenced to pay the maximum fine
146 provided under subparagraph 1.
147 (c)1. A person who knowingly sells, purchases,
148 manufactures, delivers, or brings into this state, or who is
149 knowingly in actual or constructive possession of, 4 grams or
150 more of any morphine, opium, hydromorphone, or any salt,
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151 derivative, isomer, or salt of an isomer thereof, including
152 heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or
153 (3)(c)4., or 4 grams or more of any mixture containing any such
154 substance, but less than 30 kilograms of such substance or
155 mixture, commits a felony of the first degree, which felony
156 shall be known as "trafficking in illegal drugs," punishable as
157 provided in s. 775.082, s. 775.083, or s. 775.084. If the
158 quantity involved:
159 a. Is 4 grams or more, but less than 14 grams, such person
160 shall be sentenced to a mandatory minimum term of imprisonment
161 of 3 years and shall be ordered to pay a fine of $50,000.
162 b. Is 14 grams or more, but less than 28 grams, such
163 person shall be sentenced to a mandatory minimum term of
164 imprisonment of 15 years and shall be ordered to pay a fine of
165 $100,000.
166 c. Is 28 grams or more, but less than 30 kilograms, such
167 person shall be sentenced to a mandatory minimum term of
168 imprisonment of 25 years and shall be ordered to pay a fine of
169 $500,000.
170 2. A person who knowingly sells, purchases, manufactures,
171 delivers, or brings into this state, or who is knowingly in
172 actual or constructive possession of, 28 grams or more of
173 hydrocodone, as described in s. 893.03(2)(a)1.k., codeine, as
174 described in s. 893.03(2)(a)1.g., or any salt thereof, or 28
175 grams or more of any mixture containing any such substance,
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176 commits a felony of the first degree, which felony shall be
177 known as "trafficking in hydrocodone," punishable as provided in
178 s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
179 a. Is 28 grams or more, but less than 50 grams, such
180 person shall be sentenced to a mandatory minimum term of
181 imprisonment of 3 years and shall be ordered to pay a fine of
182 $50,000.
183 b. Is 50 grams or more, but less than 100 grams, such
184 person shall be sentenced to a mandatory minimum term of
185 imprisonment of 7 years and shall be ordered to pay a fine of
186 $100,000.
187 c. Is 100 grams or more, but less than 300 grams, such
188 person shall be sentenced to a mandatory minimum term of
189 imprisonment of 15 years and shall be ordered to pay a fine of
190 $500,000.
191 d. Is 300 grams or more, but less than 30 kilograms, such
192 person shall be sentenced to a mandatory minimum term of
193 imprisonment of 25 years and shall be ordered to pay a fine of
194 $750,000.
195 3. A person who knowingly sells, purchases, manufactures,
196 delivers, or brings into this state, or who is knowingly in
197 actual or constructive possession of, 7 grams or more of
198 oxycodone, as described in s. 893.03(2)(a)1.q., or any salt
199 thereof, or 7 grams or more of any mixture containing any such
200 substance, commits a felony of the first degree, which felony
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201 shall be known as "trafficking in oxycodone," punishable as
202 provided in s. 775.082, s. 775.083, or s. 775.084. If the
203 quantity involved:
204 a. Is 7 grams or more, but less than 14 grams, such person
205 shall be sentenced to a mandatory minimum term of imprisonment
206 of 3 years and shall be ordered to pay a fine of $50,000.
207 b. Is 14 grams or more, but less than 25 grams, such
208 person shall be sentenced to a mandatory minimum term of
209 imprisonment of 7 years and shall be ordered to pay a fine of
210 $100,000.
211 c. Is 25 grams or more, but less than 100 grams, such
212 person shall be sentenced to a mandatory minimum term of
213 imprisonment of 15 years and shall be ordered to pay a fine of
214 $500,000.
215 d. Is 100 grams or more, but less than 30 kilograms, such
216 person shall be sentenced to a mandatory minimum term of
217 imprisonment of 25 years and shall be ordered to pay a fine of
218 $750,000.
219 4.a. A person who knowingly sells, purchases,
220 manufactures, delivers, or brings into this state, or who is
221 knowingly in actual