Bill Summary – FastDemocracy

       Florida Senate - 2021                                    SB 1260
       
       
        
       By Senator Brodeur
       
       
       
       
       
       9-00656B-21                                           20211260__
                      A bill to be entitled                      
       An act relating to controlled substances; amending s.
       782.04, F.S.; revising the elements that constitute
       the capital offense of murder in the first degree;
       defining the term âsubstantial factorâ; creating s.
       784.051, F.S.; defining terms; providing criminal
       penalties for persons who unlawfully distribute,
       deliver, sell, or dispense controlled substances that
       are proven to be the proximate cause of, or a
       contributing factor in, the injury or overdose of a
       user of such substances; providing criminal penalties
       for persons 18 years of age or older who violate
       certain provisions when it involves specified
       controlled substances; providing enhanced criminal
       penalties for second or subsequent convictions of such
       offenses; authorizing the prosecution of persons who
       unlawfully distribute, deliver, sell, or dispense
       controlled substances to another when that other
       person redistributes, redelivers, resells, or
       dispenses such substances to a user who is injured;
       providing circumstances under which there is prima
       facie evidence of injury or overdose; amending s.
       893.13, F.S.; prohibiting specified activities
       involving controlled substances within 1,000 feet of
       additional specified facilities; providing criminal
       penalties; amending s. 921.0022, F.S.; listing
       specified felonies on levels 6, 7, and 8 of the
       offense severity ranking chart of the Criminal
       Punishment Code; providing an effective date.
        
Be It Enacted by the Legislature of the State of Florida:

       Section 1.âParagraph (a) of subsection (1) of section
782.04, Florida Statutes, is amended to read:
       782.04âMurder.â
       (1)(a)âThe unlawful killing of a human being:
       1.âWhen perpetrated from a premeditated design to effect
the death of the person killed or any human being;
       2.âWhen committed by a person engaged in the perpetration
of, or in the attempt to perpetrate, any:
       a.âTrafficking offense prohibited by s. 893.135(1),
       b.âArson,
       c.âSexual battery,
       d.âRobbery,
       e.âBurglary,
       f.âKidnapping,
       g.âEscape,
       h.âAggravated child abuse,
       i.âAggravated abuse of an elderly person or disabled adult,
       j.âAircraft piracy,
       k.âUnlawful throwing, placing, or discharging of a
destructive device or bomb,
       l.âCarjacking,
       m.âHome-invasion robbery,
       n.âAggravated stalking,
       o.âMurder of another human being,
       p.âResisting an officer with violence to his or her person,
       q.âAggravated fleeing or eluding with serious bodily injury
or death,
       r.âFelony that is an act of terrorism or is in furtherance
of an act of terrorism, including a felony under s. 775.30, s.
775.32, s. 775.33, s. 775.34, or s. 775.35, or
       s.âHuman trafficking; or
       3.âWhich resulted from the unlawful distribution by a
person 18 years of age or older of any of the following
substances, or mixture containing any of the following
substances, when such substance or mixture is proven to have
caused, or is proven to have been a substantial factor in
producing, be the proximate cause of the death of the user:
       a.âA substance controlled under s. 893.03(1);
       b.âCocaine, as described in s. 893.03(2)(a)4.;
       c.âOpium or any synthetic or natural salt, compound,
derivative, or preparation of opium;
       d.âMethadone;
       e.âAlfentanil, as described in s. 893.03(2)(b)1.;
       f.âCarfentanil, as described in s. 893.03(2)(b)6.;
       g.âFentanyl, as described in s. 893.03(2)(b)9.;
       h.âSufentanil, as described in s. 893.03(2)(b)30.; or
       i.âMethamphetamine, as described in s. 893.03(2)(c)5.; or
       j.âA controlled substance analog, as described in s.
893.0356, of any substance specified in sub-subparagraphs a.-i.
sub-subparagraphs a.-h.,

is murder in the first degree and constitutes a capital felony,
punishable as provided in s. 775.082. As used in this paragraph,
the term âsubstantial factorâ means the substance alone is
sufficient to cause the death, whether or not any other
substance or substances are also sufficient to cause the death.
       Section 2.âSection 784.051, Florida Statutes, is created to
read:
       784.051âCulpable negligence resulting in injury or
overdose.â
       (1)âAs used in this section, the term:
       (a)ââEmergency opioid antagonistâ has the same meaning as
in s. 381.887.
       (b)ââInjuryâ or âoverdoseâ means drug toxicity or the
temporary loss of locomotor activity, motor coordination, or
consciousness or cognitive impairment.
       (c)ââMedical careâ means the provision of treatment for the
purpose of preserving or sustaining life or the administration
of an emergency opioid antagonist.
       (2)âExcept as provided in subsection (3), a person who,
through the unlawful distribution, delivery, sale, or dispensing
of a controlled substance described in s. 893.03 or of a mixture
containing a controlled substance described in s. 893.03, causes
injury or overdose to a user of such controlled substance or
mixture, if such substance or mixture is proven to be the
proximate cause of or a contributing factor to the injury or
overdose, commits a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
       (3)âA person 18 years of age or older who violates
subsection (2) commits a felony of the second degree, punishable
as provided in s. 775.082, s. 775.083, or s. 775.084, if the
controlled substance or mixture containing a controlled
substance is:
       (a)âA substance controlled under s. 893.03(1);
       (b)âCocaine, as described in s. 893.03(2)(a)4.;
       (c)âOpium or any synthetic or natural salt, compound,
derivative, or preparation of opium;
       (d)âMethadone;
       (e)âAlfentanil, as described in s. 893.03(2)(b)1.;
       (f)âCarfentanil, as described in s. 893.03(2)(b)6.;
       (g)âFentanyl, as described in s. 893.03(2)(b)9.;
       (h)âSufentanil, as described in s. 893.03(2)(b)30.;
       (i)âMethamphetamine, as described in s. 893.03(2)(c)5.; or
       (j)âA controlled substance analog, as described in s.
893.0356, of any substance specified in sub-subparagraphs a.-i.
       (4)(a)âA person who commits a violation of subsection (2)
and who has previously been convicted of a violation of
subsection (2) or subsection (3) commits a felony of the second
degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
       (b)âA person who commits a violation of subsection (3) and
who has previously been convicted of a violation of subsection
(2) or subsection (3) commits a felony of the first degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
       (5)âIf a person unlawfully distributes, delivers, sells, or
dispenses a controlled substance described in s. 893.03 or a
mixture containing a controlled substance described in s. 893.03
to another person and that other person unlawfully distributes,
delivers, sells, or dispenses such substance or mixture to a
user in violation of subsection (2) or subsection (3), the
person who initially unlawfully distributed, delivered, sold, or
dispensed such substance or mixture is as culpable for any
injury or overdose to the user caused by the substance or
mixture as the person who provided the substance or mixture
directly to the user and may be prosecuted under this section.
       (6)âThe provision of medical care by an emergency
responder, including, but not limited to, a law enforcement
officer, a paramedic, or an emergency medical technician, or the
administration of an emergency opioid antagonist by an emergency
responder is prima facie evidence that the person receiving
medical care was injured or overdosed.
       Section 3.âParagraph (h) of subsection (1) of section
893.13, Florida Statutes, is amended to read:
       893.13âProhibited acts; penalties.â
       (1)
       (h)âExcept as authorized by this chapter, a person may not
sell, manufacture, or deliver, or possess with intent to sell,
manufacture, or deliver, a controlled substance in, on, or
within 1,000 feet of the real property comprising a mental
health care facility, as that term is used in chapter 394; a
health care facility licensed under chapter 395 which provides
substance abuse treatment; a substance abuse facility licensed
under chapter 397; a facility providing a service as described
in s. 397.311(26); a recovery residence as defined in s.
397.311; an assisted living facility, as that term is used in
chapter 429; or a pain management clinic as defined in s.
458.3265 or s. 459.0137. A person who violates this paragraph
with respect to:
       1.âA controlled substance named or described in s.
893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.
commits a felony of the first degree, punishable as provided in
s. 775.082, s. 775.083, or s. 775.084.
       2.âA controlled substance named or described in s.
893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7.,
(2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a felony of
the second degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
       3.âAny other controlled substance, except as lawfully sold,
manufactured, or delivered, must be sentenced to pay a $500 fine
and to serve 100 hours of public service in addition to any
other penalty prescribed by law.
       Section 4.âParagraphs (f), (g), and (h) of subsection (3)
of section 921.0022, Florida Statutes, are amended to read:
       921.0022âCriminal Punishment Code; offense severity ranking
chart.â
       (3)âOFFENSE SEVERITY RANKING CHART
       (f)âLEVEL 6

FloridaStatute              FelonyDegree        Description        
316.027(2)(b)                    2nd     Leaving the scene of a crash involving serious bodily injury.
316.193(2)(b)                    3rd     Felony DUI, 4th or subsequent conviction.
400.9935(4)(c)                   2nd     Operating a clinic, or offering services requiring licensure, without a license.
499.0051(2)                      2nd     Knowing forgery of transaction history, transaction information, or transaction statement.
499.0051(3)                      2nd     Knowing purchase or receipt of prescription drug from unauthorized person.
499.0051(4)                      2nd     Knowing sale or transfer of prescription drug to unauthorized person.
775.0875(1)                      3rd     Taking firearm from law enforcement officer.
784.021(1)(a)                    3rd     Aggravated assault; deadly weapon without intent to kill.
784.021(1)(b)                    3rd     Aggravated assault; intent to commit felony.
784.041                          3rd     Felony battery; domestic battery by strangulation.
784.048(3)                       3rd     Aggravated stalking; credible threat.
784.048(5)                       3rd     Aggravated stalking of person under 16.
784.051(2)                       3rd     Causing injury or overdose to user of controlled substance.
784.07(2)(c)                     2nd     Aggravated assault on law enforcement officer.
784.074(1)(b)                    2nd     Aggravated assault on sexually violent predators facility staff.
784.08(2)(b)                     2nd     Aggravated assault on a person 65 years of age or older.
784.081(2)                       2nd     Aggravated assault on specified official or employee.
784.082(2)                       2nd     Aggravated assault by detained person on visitor or other detainee.
784.083(2)                       2nd     Aggravated assault on code inspector.
787.02(2)                        3rd     False imprisonment; restraining with purpose other than those in s. 787.01.
790.115(2)(d)                    2nd     Discharging firearm or weapon on school property.
790.161(2)                       2nd     Make, possess, or throw destructive device with intent to do bodily harm or damage property.
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.
790.19                           2nd     Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
794.011(8)(a)                    3rd     Solicitation of minor to participate in sexual activity by custodial adult.
794.05(1)                        2nd     Unlawful sexual activity with specified minor.
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.
800.04(6)(b)                     2nd     Lewd or lascivious conduct; offender 18 years of age or older.
806.031(2)                       2nd     Arson resulting in great bodily harm to firefighter or any other person.
810.02(3)(c)                     2nd     Burglary of occupied structure; unarmed; no assault or battery.
810.145(8)(b)                    2nd     Video voyeurism; certain minor victims; 2nd or subsequent offense.
812.014(2)(b)1.                  2nd     Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
812.014(6)                       2nd     Theft; property stolen $3,000 or more; coordination of others.
812.015(9)(a)                    2nd     Retail theft; property stolen $750 or more; second or subsequent conviction.
812.015(9)(b)                    2nd     Retail theft; aggregated property stolen within 30 days is $3,000 or more; coordination of others.
812.13(2)(c)                     2nd     Robbery, no firearm or other weapon (strong-arm robbery).
817.4821(5)                      2nd     Possess cloning paraphernalia with intent to create cloned cellular telephones.
817.505(4)(b)                    2nd     Patient brokering; 10 or more patients.
825.102(1)                       3rd     Abuse of an elderly person or disabled adult.
825.102(3)(c)                    3rd     Neglect of an elderly person or disabled adult.
825.1025(3)                      3rd     Lewd or lascivious molestation of an elderly person or disabled adult.
825.103(3)(c)                    3rd     Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
827.03(2)(c)                     3rd     Abuse of a child.         
827.03(2)(d)                     3rd     Neglect of a child.       
827.071(2) & (3)                 2nd     Use or induce a child in a sexual performance, or promote or direct such performance.
836.05                           2nd     Threats; extortion.       
836.10                           2nd     Written threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
843.12                           3rd     Aids or assists person to escape.
847.011                          3rd     Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
847.012                          3rd     Knowingly using a minor in the production of materials harmful to minors.
847.0135(2)                      3rd     Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
914.23                           2nd     Retaliation against a witness, victim, or informant, with bodily injury.
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.
944.40                           2nd     Escapes.                  
944.46                           3rd     Harboring, concealing, aiding escaped prisoners.
944.47(1)(a)5.                   2nd     Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
951.22(1)(i)                     3rd     Firearm or weapon introduced into county detention facility.
       (g)âLEVEL 7

FloridaStatute           FelonyDegree         Description         
316.027(2)(c)                 1st     Accident involving death, failure to stop; leaving scene.
  253