Florida House Bill H6061 Latest Draft

                               
 
HB 6061  	2022 
 
 
 
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A bill to be entitled 1 
An act relating to the death penalty; amending s. 2 
775.082, F.S.; deleting provisions authorizing the 3 
death penalty for capital felonies; deleting 4 
provisions relating to the effect of a declaration by 5 
a court of last resort that the death penalty in a 6 
capital felony is unconstitutional; amending ss. 7 
27.51, 27.52, and 27.511, F.S.; deleting provisions 8 
relating to representation in death penalty cases; 9 
amending s. 27.5304, F.S.; conforming provisions to 10 
changes made by the act; repealing ss. 27.7001, 11 
27.7002, 27.701, 27.702, 27.703, 27.704, 27.7045, 12 
27.705, 27.706, 27.707, 27.708, 27.7081, 27.7091, 13 
27.710, 27.711, and 27.715, F.S., relating to capital 14 
collateral representation and constitutionally 15 
deficient representation, respectively; amending ss. 16 
23.21, 43.16, and 112.0455, F.S.; conforming 17 
provisions to changes made by the act; amending s. 18 
119.071, F.S.; deleting a public records exemption 19 
relating to capital collateral proceedings; amending 20 
ss. 27.5303, 186.003, 215.89, 215.985, 216.011, 21 
282.201, 393.063, 775.0823, 775.087, 790.25, 947.149, 22 
and 944.801, F.S.; conforming provisions to changes 23 
made by the act; repealing s. 940.031, F.S., relating 24 
to clemency counsel when sentence of death imposed; 25     
 
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amending ss. 775.15 and 790.161, F.S.; deleting 26 
provisions relating to the effect of a declaration by 27 
a court of last resort that the death penalty in a 28 
capital felony is unconstitutional; repealing s. 29 
913.13, F.S., relating to jurors in capital cases; 30 
repealing s. 921.137, F.S., relating to prohibiting 31 
the imposition of the death sentence upon a defendant 32 
with an intellectual disability; repealing s. 921.141, 33 
F.S., relating to determination of whether to impose a 34 
sentence of death or life imprisonment for a capital 35 
felony; repealing s. 921.142, F.S., relating to 36 
determination of whether to impose a sentence of death 37 
or life imprisonment for a capital drug trafficking 38 
felony; amending ss. 775.021, 782.04, 775.30, 394.912, 39 
782.065, 794.011, 893.135, 944.275, and 948.012, F.S.; 40 
conforming provisions to changes made by the act; 41 
repealing ss. 922.052, 922.06, 922.07, 922.08, 42 
922.095, 922.10, 922.105, 922.108, 922.11, 922.111, 43 
922.12, 922.14, 922.15, 924.055, 924.056, and 924.057, 44 
F.S., relating to issuance of warrant of execution, 45 
stay of execution of death sentence, proceed ings when 46 
a person under sentence of death appears to be insane, 47 
proceedings when person under sentence of death 48 
appears to be pregnant, pursuit of collateral 49 
remedies, execution of death sentence, prohibition 50     
 
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against reduction of death sentence as a resul t of 51 
determination that a method of execution is 52 
unconstitutional, sentencing orders in capital cases, 53 
regulation of execution, transfer to state prison for 54 
safekeeping before death warrant issued, return of 55 
warrant of execution issued by the Governor, sen tence 56 
of death unexecuted for unjustifiable reasons, return 57 
of warrant of execution issued by the Supreme Court, 58 
legislative intent concerning appeals and 59 
postconviction proceedings in death penalty cases, 60 
commencement of capital postconviction actions for 61 
which sentence of death is imposed on or after January 62 
14, 2000, and limitation on postconviction cases in 63 
which the death sentence was imposed before January 64 
14, 2000, respectively; amending s. 925.11, F.S.; 65 
deleting provisions relating to preservation o f DNA 66 
evidence in death penalty cases; amending s. 945.10, 67 
F.S.; deleting a public records exemption for the 68 
identity of executioners; amending ss. 316.3026, 69 
373.409, 373.430, 376.302, 403.161, 448.09, 504.013, 70 
648.571, 775.261, 787.06, 794.0115, 800.04, 9 07.041, 71 
921.1401, 921.1402, 944.17, 944.608, 944.609, and 72 
944.705, F.S.; conforming cross -references; providing 73 
an effective date. 74 
 75     
 
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Be It Enacted by the Legislature of the State of Florida: 76 
 77 
 Section 1.  Subsections (3) through (11) of section 78 
775.082, Florida Statutes, are renumbered as subsections (2) 79 
through (10), respectively, and paragraph (a) of subsection (1) 80 
and present subsection (2) of that section are amended, to read: 81 
 775.082  Penalties; applicability of sentencing structures; 82 
mandatory minimum sentences for certain reoffenders previously 83 
released from prison. — 84 
 (1)(a)  Except as provided in paragraph (b), A person who 85 
has been convicted of a capital felony shall be punished by 86 
death if the proceeding held to determine sentence according t o 87 
the procedure set forth in s. 921.141 results in a determination 88 
that such person shall be punished by death, otherwise such 89 
person shall be punished by life imprisonment and shall be 90 
ineligible for parole. 91 
 (2)  In the event the death penalty in a capit al felony is 92 
held to be unconstitutional by the Florida Supreme Court or the 93 
United States Supreme Court, the court having jurisdiction over 94 
a person previously sentenced to death for a capital felony 95 
shall cause such person to be brought before the court, and the 96 
court shall sentence such person to life imprisonment as 97 
provided in subsection (1). No sentence of death shall be 98 
reduced as a result of a determination that a method of 99 
execution is held to be unconstitutional under the State 100     
 
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Constitution or the Constitution of the United States. 101 
 Section 2.  Paragraphs (d), (e), and (f) of subsection (1) 102 
and subsection (5) of section 27.51, Florida Statutes, are 103 
amended to read: 104 
 27.51  Duties of public defender. — 105 
 (1)  The public defender shall represent, wit hout 106 
additional compensation, any person determined to be indigent 107 
under s. 27.52 and: 108 
 (d)  Sought by petition filed in such court to be 109 
involuntarily placed as a mentally ill person under part I of 110 
chapter 394, involuntarily committed as a sexually viole nt 111 
predator under part V of chapter 394, or involuntarily admitted 112 
to residential services as a person with developmental 113 
disabilities under chapter 393. A public defender shall not 114 
represent any plaintiff in a civil action brought under the 115 
Florida Rules of Civil Procedure, the Federal Rules of Civil 116 
Procedure, or the federal statutes, or represent a petitioner in 117 
a rule challenge under chapter 120, unless specifically 118 
authorized by statute; or 119 
 (e)  Convicted and sentenced to death, for purposes of 120 
handling an appeal to the Supreme Court; or 121 
 (e)(f) Is appealing a matter in a case arising under 122 
paragraphs (a)-(d). 123 
 (5)(a)  When direct appellate proceedings prosecuted by a 124 
public defender on behalf of an accused and challenging a 125     
 
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judgment of conviction and sentence of death terminate in an 126 
affirmance of such conviction and sentence, whether by the 127 
Florida Supreme Court or by the United States Supreme Court or 128 
by expiration of any deadline for filing such appeal in a state 129 
or federal court, the public defend er shall notify the accused 130 
of his or her rights pursuant to Rule 3.851, Florida Rules of 131 
Criminal Procedure, including any time limits pertinent thereto, 132 
and shall advise such person that representation in any 133 
collateral proceedings is the responsibility of the capital 134 
collateral regional counsel. The public defender shall then 135 
forward all original files on the matter to the capital 136 
collateral regional counsel, retaining such copies for his or 137 
her files as may be desired. 138 
 (b)  It is the intent of the Legi slature that any public 139 
defender representing an inmate in any collateral proceedings in 140 
any court on June 24, 1985, shall continue representation of 141 
that inmate in all postconviction proceedings unless relieved of 142 
responsibility from further representatio n by the court. 143 
 Section 3.  Paragraphs (e), (f), and (g) of subsection (5) 144 
and subsections (8) and (9) of section 27.511, Florida Statutes, 145 
are amended to read: 146 
 27.511  Offices of criminal conflict and civil regional 147 
counsel; legislative intent; qualifications; appointment; 148 
duties.— 149 
 (5)  When the Office of the Public Defender, at any time 150     
 
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during the representation of two or more defendants, determines 151 
that the interests of those accused are so adverse or hostile 152 
that they cannot all be counseled by the public defender or his 153 
or her staff without a conflict of interest, or that none can be 154 
counseled by the public defender or his or her staff because of 155 
a conflict of interest, and the court grants the public 156 
defender's motion to withdraw, the office of criminal conflict 157 
and civil regional counsel shall be appointed and shall provide 158 
legal services, without additional compensation, to any person 159 
determined to be indigent under s. 27.52, who is: 160 
 (e)  Convicted and sentenced to death, for purposes of 161 
handling an appeal to the Supreme Court; 162 
 (e)(f) Appealing a matter in a case arising under 163 
paragraphs (a)-(d); or 164 
 (f)(g) Seeking correction, reduction, or modification of a 165 
sentence under Rule 3.800, Florida Rules of Criminal Procedure, 166 
or seeking postconviction relief under Rule 3.850, Florida Rules 167 
of Criminal Procedure, if, in either case, the court determines 168 
that appointment of counsel is necessary to protect a person's 169 
due process rights. 170 
 (8)  The public defender for the judicial circuit specified 171 
in s. 27.51(4) shall, after the record on appeal is transmitted 172 
to the appellate court by the office of criminal conflict and 173 
civil regional counsel which handled the trial and if requested 174 
by the regional counsel for the indicated appellate district, 175     
 
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handle all circuit court and county court appeals authorized 176 
pursuant to paragraph (5)(e) (5)(f) within the state courts 177 
system and any authorized appeals to the federal courts required 178 
of the official making the request. If the public defender 179 
certifies to the court that the public defender has a conflict 180 
consistent with the criteria prescribed in s. 27.5303 and moves 181 
to withdraw, the regional counsel shall handle the appeal, 182 
unless the regional counsel has a conflict, in which case the 183 
court shall appoint pr ivate counsel pursuant to s. 27.40. 184 
 (9)  When direct appellate proceedings prosecuted by the 185 
office of criminal conflict and civil regional counsel on behalf 186 
of an accused and challenging a judgment of conviction and 187 
sentence of death terminate in an affi rmance of such conviction 188 
and sentence, whether by the Supreme Court or by the United 189 
States Supreme Court or by expiration of any deadline for filing 190 
such appeal in a state or federal court, the office of criminal 191 
conflict and civil regional counsel shall notify the accused of 192 
his or her rights pursuant to Rule 3.851, Florida Rules of 193 
Criminal Procedure, including any time limits pertinent thereto, 194 
and shall advise such person that representation in any 195 
collateral proceedings is the responsibility of the c apital 196 
collateral regional counsel. The office of criminal conflict and 197 
civil regional counsel shall forward all original files on the 198 
matter to the capital collateral regional counsel, retaining 199 
such copies for his or her files as may be desired or requir ed 200     
 
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by law. 201 
 Section 4.  Paragraph (d) of subsection (5) of section 202 
27.52, Florida Statutes, is amended to read: 203 
 27.52  Determination of indigent status. — 204 
 (5)  INDIGENT FOR COSTS. —A person who is eligible to be 205 
represented by a public defender under s. 27.51 but who is 206 
represented by private counsel not appointed by the court for a 207 
reasonable fee as approved by the court or on a pro bono basis, 208 
or who is proceeding pro se, may move the court for a 209 
determination that he or she is indigent for costs and el igible 210 
for the provision of due process services, as prescribed by ss. 211 
29.006 and 29.007, funded by the state. 212 
 (d)  In reviewing the motion, the court shall consider: 213 
 1.  Whether the applicant applied for a determination of 214 
indigent status under subsecti on (1) and the outcome of such 215 
application. 216 
 2.  The extent to which the person's income equals or 217 
exceeds the income criteria prescribed in subsection (2). 218 
 3.  The additional factors prescribed in subsection (4). 219 
 4.  Whether the applicant is proceeding pro se. 220 
 5.  When the applicant retained private counsel. 221 
 6.  The amount of any attorney's fees and who is paying the 222 
fees. There is a presumption that the applicant is not indigent 223 
for costs if the amount of attorney's fees exceeds $5,000 for a 224 
noncapital case or $25,000 for a capital case in which the state 225     
 
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is seeking the death penalty . To overcome this presumption, the 226 
applicant has the burden to show through clear and convincing 227 
evidence that the fees are reasonable based on the nature and 228 
complexity of the case. In determining the reasonableness of the 229 
fees, the court shall consider the amount that a private court -230 
appointed attorney paid by the state would receive for providing 231 
representation for that type of case. 232 
 Section 5.  Subsections (5) and (1 3) of section 27.5304, 233 
Florida Statutes, are amended to read: 234 
 27.5304  Private court -appointed counsel; compensation; 235 
notice.— 236 
 (5)  The compensation for representation in a criminal 237 
proceeding shall not exceed the following: 238 
 (a)  For misdemeanors and ju veniles represented at the 239 
trial level: $1,000. 240 
 (b)  For noncapital, nonlife felonies represented at the 241 
trial level: $6,000. 242 
 (c)  For life felonies represented at the trial level: 243 
$9,000. 244 
 (d)  For capital cases represented at the trial level: 245 
$25,000. For purposes of this paragraph, a "capital case" is any 246 
offense for which the potential sentence is death and the state 247 
has not waived seeking the death penalty. 248 
 (e)  For representation on appeal: $9,000. 249 
 (13)  Notwithstanding the limitation set forth in 250     
 
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subsection (5) and for the 2021 -2022 fiscal year only, the 251 
compensation for representation in a criminal proceeding may not 252 
exceed the following: 253 
 (a)  For misdemeanors and juveniles represented at the 254 
trial level: $1,000. 255 
 (b)  For noncapital, nonlife felonies represented at the 256 
trial level: $15,000. 257 
 (c)  For life felonies represented at the trial level: 258 
$15,000. 259 
 (d)  For capital cases represented at the trial level: 260 
$25,000. For purposes of this paragraph, a "capital case" is any 261 
offense for which th e potential sentence is death and the state 262 
has not waived seeking the death penalty. 263 
 (d)(e) For representation on appeal: $9,000. 264 
 (e)(f) This subsection expires July 1, 2022. 265 
 Section 6.  Sections 27.7001, 27.7002, 27.701, 27.702, 266 
27.703, 27.704, 27.7045, 27.705, 27.706, 27.707, 27.708, 267 
27.7081, 27.7091, 27.710, 27.711, and 27.715, Florida Statutes, 268 
are repealed. 269 
 Section 7.  Subsection (1) of section 23.21, Florida 270 
Statutes, is amended to read: 271 
 23.21  Definitions.—For purposes of this part: 272 
 (1)  "Department" means a principal administrative unit 273 
within the executive branch of state government as defined in 274 
chapter 20 and includes the State Board of Administration, the 275     
 
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Executive Office of the Governor, the Fish and Wildlife 276 
Conservation Commission , the Florida Commission on Offender 277 
Review, the Agency for Health Care Administration, the State 278 
Board of Education, the Board of Governors of the State 279 
University System, the Justice Administrative Commission, the 280 
capital collateral regional counsel, and separate budget 281 
entities placed for administrative purposes within a department. 282 
 Section 8.  Paragraph (a) of subsection (5) of section 283 
27.51, Florida Statutes, is amended to read: 284 
 27.51  Duties of public defender. — 285 
 (5)(a)  When direct appellate proc eedings prosecuted by a 286 
public defender on behalf of an accused and challenging a 287 
judgment of conviction and sentence of death terminate in an 288 
affirmance of such conviction and sentence, whether by the 289 
Florida Supreme Court or by the United States Supreme Court or 290 
by expiration of any deadline for filing such appeal in a state 291 
or federal court, the public defender shall notify the accused 292 
of his or her rights pursuant to Rule 3.851, Florida Rules of 293 
Criminal Procedure, including any time limits pertinent th ereto, 294 
and shall advise such person that representation in any 295 
collateral proceedings is the responsibility of the capital 296 
collateral regional counsel. The public defender shall then 297 
forward all original files on the matter to the capital 298 
collateral regional counsel, retaining such copies for his or 299 
her files as may be desired. 300     
 
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 Section 9.  Subsection (9) of section 27.511, Florida 301 
Statutes, is amended to read: 302 
 27.511  Offices of criminal conflict and civil regional 303 
counsel; legislative intent; qualifica tions; appointment; 304 
duties.— 305 
 (9)  When direct appellate proceedings prosecuted by the 306 
office of criminal conflict and civil regional counsel on behalf 307 
of an accused and challenging a judgment of conviction and 308 
sentence of death terminate in an affirmance of such conviction 309 
and sentence, whether by the Supreme Court or by the United 310 
States Supreme Court or by expiration of any deadline for filing 311 
such appeal in a state or federal court, the office of criminal 312 
conflict and civil regional counsel shall notify the accused of 313 
his or her rights pursuant to Rule 3.851, Florida Rules of 314 
Criminal Procedure, including any time limits pertinent thereto, 315 
and shall advise such person that representation in any 316 
collateral proceedings is the responsibility of the capital 317 
collateral regional counsel. The office of criminal conflict and 318 
civil regional counsel shall forward all original files on the 319 
matter to the capital collateral regional counsel, retaining 320 
such copies for his or her files as may be desired or required 321 
by law. 322 
 Section 10.  Paragraph (a) of subsection (5) and 323 
subsections (6) and (7) of section 43.16, Florida Statutes, are 324 
amended to read: 325     
 
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 43.16  Justice Administrative Commission; membership, 326 
powers and duties.— 327 
 (5)  The duties of the commission shall inc lude, but not be 328 
limited to, the following: 329 
 (a)  The maintenance of a central state office for 330 
administrative services and assistance when possible to and on 331 
behalf of the state attorneys and public defenders of Florida, 332 
the capital collateral regional co unsel of Florida, the criminal 333 
conflict and civil regional counsel, and the Guardian Ad Litem 334 
Program. 335 
 (6)  The commission, each state attorney, each public 336 
defender, the criminal conflict and civil regional counsel, the 337 
capital collateral regional counse l, and the Guardian Ad Litem 338 
Program shall establish and maintain internal controls designed 339 
to: 340 
 (a)  Prevent and detect fraud, waste, and abuse as defined 341 
in s. 11.45(1). 342 
 (b)  Promote and encourage compliance with applicable laws, 343 
rules, contracts, gran t agreements, and best practices. 344 
 (c)  Support economical and efficient operations. 345 
 (d)  Ensure reliability of financial records and reports. 346 
 (e)  Safeguard assets. 347 
 (7)  The provisions contained in this section shall be 348 
supplemental to those of chapter 27, relating to state 349 
attorneys, public defenders, and criminal conflict and civil 350     
 
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regional counsel, and capital collateral regional counsel ; to 351 
those of chapter 39, relating to the Guardian Ad Litem Program; 352 
or to other laws pertaining hereto. 353 
 Section 11.  Paragraph (e) of subsection (13) of section 354 
112.0455, Florida Statutes, is amended to read: 355 
 112.0455  Drug-Free Workplace Act.— 356 
 (13)  RULES.— 357 
 (e)  The Justice Administrative Commission may adopt rules 358 
on behalf of the state attorneys and public defenders of 359 
Florida, the capital collateral regional counsel, and the 360 
Judicial Qualifications Commission. 361 
 362 
This section shall not be construed to eliminate the bargainable 363 
rights as provided in the collective bargaining process where 364 
applicable. 365 
 Section 12.  Paragraph (d) of subsection (1) of section 366 
119.071, Florida Statutes, is amended to read: 367 
 119.071  General exemptions from inspection or copying of 368 
public records.— 369 
 (1)  AGENCY ADMINISTRATION. — 370 
 (d)1.  A public record that was prepared by an agenc y 371 
attorney (including an attorney employed or retained by the 372 
agency or employed or retained by another public officer or 373 
agency to protect or represent the interests of the agency 374 
having custody of the record) or prepared at the attorney's 375     
 
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express direction, that reflects a mental impression, 376 
conclusion, litigation strategy, or legal theory of the attorney 377 
or the agency, and that was prepared exclusively for civil or 378 
criminal litigation or for adversarial administrative 379 
proceedings, or that was prepared in anticipation of imminent 380 
civil or criminal litigation or imminent adversarial 381 
administrative proceedings, is exempt from s. 119.07(1) and s. 382 
24(a), Art. I of the State Constitution until the conclusion of 383 
the litigation or adversarial administrative proce edings. For 384 
purposes of capital collateral litigation as set forth in s. 385 
27.7001, the Attorney General's office is entitled to claim this 386 
exemption for those public records prepared for direct appeal as 387 
well as for all capital collateral litigation after d irect 388 
appeal until execution of sentence or imposition of a life 389 
sentence. 390 
 2.  This exemption is not waived by the release of such 391 
public record to another public employee or officer of the same 392 
agency or any person consulted by the agency attorney. When 393 
asserting the right to withhold a public record pursuant to this 394 
paragraph, the agency shall identify the potential parties to 395 
any such criminal or civil litigation or adversarial 396 
administrative proceedings. If a court finds that the document 397 
or other record has been improperly withheld under this 398 
paragraph, the party seeking acce ss to such document or record 399 
shall be awarded reasonable attorney's fees and costs in 400     
 
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addition to any other remedy ordered by the court. 401 
 Section 13.  Subsection (4) of section 27.5303, Florida 402 
Statutes, is amended to read: 403 
 27.5303  Public defenders; c riminal conflict and civil 404 
regional counsel; conflict of interest. — 405 
 (4)(a)  If a defendant is convicted and the death sentence 406 
is imposed, the appointed attorney shall continue representation 407 
through appeal to the Supreme Court. The attorney shall be 408 
compensated as provided in s. 27.5304. If the attorney first 409 
appointed is unable to handle the appeal, the court shall 410 
appoint another attorney and that attorney shall be compensated 411 
as provided in s. 27.5304. 412 
 (b)  When the appointed attorney in a capital cas e has 413 
completed the duties imposed by this section, the attorney shall 414 
file a written report in the trial court stating the duties 415 
performed by the attorney and apply for discharge. 416 
 Section 14.  Subsection (6) of section 186.003, Florida 417 
Statutes, is amended to read: 418 
 186.003  Definitions; ss. 186.001 -186.031, 186.801-419 
186.901.—As used in ss. 186.001 -186.031 and 186.801-186.901, the 420 
term: 421 
 (6)  "State agency" or "agency" means any official, 422 
officer, commission, board, authority, council, committee, or 423 
department of the executive branch of state government. For 424 
purposes of this chapter, "state agency" or "agency" includes 425     
 
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state attorneys, public defenders, the capital collateral 426 
regional counsel, the Justice Administrative Commission, and the 427 
Public Service Commission. 428 
 Section 15.  Paragraph (b) of subsection (2) of section 429 
215.89, Florida Statutes, is amended to read: 430 
 215.89  Charts of account. — 431 
 (2)  DEFINITIONS.—As used in this section, the term: 432 
 (b)  "State agency" means an official, officer, commis sion, 433 
board, authority, council, committee, or department of the 434 
executive branch; a state attorney, public defender, or criminal 435 
conflict and civil regional counsel , or capital collateral 436 
regional counsel; the Florida Clerks of Court Operations 437 
Corporation; the Justice Administrative Commission; the Florida 438 
Housing Finance Corporation; the Florida Public Service 439 
Commission; the State Board of Administration; the Supreme Court 440 
or a district court of appeal, circuit court, or county court; 441 
or the Judicial Qualifications Commission. 442 
 Section 16.  Paragraph (h) of subsection (14) of section 443 
215.985, Florida Statutes, is amended to read: 444 
 215.985  Transparency in government spending. — 445 
 (14)  The Chief Financial Officer shall establish and 446 
maintain a secure con tract tracking system available for viewing 447 
and downloading by the public through a secure website. The 448 
Chief Financial Officer shall use appropriate Internet security 449 
measures to ensure that no person has the ability to alter or 450     
 
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modify records available o n the website. 451 
 (h)  For purposes of this subsection, the term: 452 
 1.  "Procurement document" means any document or material 453 
provided to the public or any vendor as part of a formal 454 
competitive solicitation of goods or services undertaken by a 455 
state entity, and a document or material submitted in response 456 
to a formal competitive solicitation by any vendor who is 457 
awarded the resulting contract. 458 
 2.  "State entity" means an official, officer, commission, 459 
board, authority, council, committee, or department of th e 460 
executive branch of state government; a state attorney, public 461 
defender, criminal conflict and civil regional counsel, capital 462 
collateral regional counsel, and the Justice Administrative 463 
Commission; the Public Service Commission; and any part of the 464 
judicial branch of state government. 465 
 Section 17.  Paragraph (qq) of subsection (1) of section 466 
216.011, Florida Statutes, is amended to read: 467 
 216.011  Definitions. — 468 
 (1)  For the purpose of fiscal affairs of the state, 469 
appropriations acts, legislative budgets, and approved budgets, 470 
each of the following terms has the meaning indicated: 471 
 (qq)  "State agency" or "agency" means any official, 472 
officer, commission, board, authority, council, committee, or 473 
department of the executive branch of state government . For 474 
purposes of this chapter and chapter 215, "state agency" or 475     
 
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"agency" includes, but is not limited to, state attorneys, 476 
public defenders, criminal conflict and civil regional counsel, 477 
capital collateral regional counsel, the Justice Administrative 478 
Commission, the Florida Housing Finance Corporation, and the 479 
Florida Public Service Commission. Solely for the purposes of 480 
implementing s. 19(h), Art. III of the State Constitution, the 481 
terms "state agency" or "agency" include the judicial branch. 482 
 Section 18.  Subsection (2) of section 282.201, Florida 483 
Statutes, is amended to read: 484 
 282.201  State data center. —The state data center is 485 
established within the department. The provision of data center 486 
services must comply with applicable state and federal laws, 487 
regulations, and policies, including all applicable security, 488 
privacy, and auditing requirements. The department shall appoint 489 
a director of the state data center, preferably an individual 490 
who has experience in leading data center facilities and has 491 
expertise in cloud-computing management. 492 
 (2)  USE OF THE STATE DATA CENTER. —The following are exempt 493 
from the use of the state data center: the Department of Law 494 
Enforcement, the Department of the Lottery's Gaming System, 495 
Systems Design and Development in the Office of Policy and 496 
Budget, the regional traffic management centers as described in 497 
s. 335.14(2) and the Office of Toll Operations of the Department 498 
of Transportation, the State Board of Administration, state 499 
attorneys, public defenders, criminal conflict and civil 500     
 
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regional counsel, capital collateral regional counsel, and the 501 
Florida Housing Finance Corporation. 502 
 Section 19.  Paragraph (b) of subsection (24) of section 503 
393.063, Florida Statutes, is amended to read: 504 
 393.063  Definitions. —For the purposes of this chapter, the 505 
term: 506 
 (24)  "Intellectual disability" means significantly 507 
subaverage general intellectual functioning existing 508 
concurrently with deficits in adaptive behavior which manifests 509 
before the age of 18 and can reasonably be expected to co ntinue 510 
indefinitely. For the purposes of this definition, the term: 511 
 (b)  "Significantly subaverage general intellectual 512 
functioning" means performance that is two or more standard 513 
deviations from the mean score on a standardized intelligence 514 
test specified in the rules of the agency. 515 
 516 
For purposes of the application of the criminal laws and 517 
procedural rules of this state to matters relating to pretrial, 518 
trial, and sentencing, and any matters relating to the 519 
imposition and execution of the death penalty, the terms 520 
"intellectual disability" or "intellectually disabled" are 521 
interchangeable with and have the same meaning as the terms 522 
"mental retardation" or "retardation" and "mentally retarded" as 523 
defined in this section before July 1, 2013. 524 
 Section 20.  Subsection (1) of section 775.0823, Florida 525     
 
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Statutes, is amended to read: 526 
 775.0823  Violent offenses committed against law 527 
enforcement officers, correctional officers, state attorneys, 528 
assistant state attorneys, justices, or judges. —The Legislature 529 
does hereby provide for an increase and certainty of penalty for 530 
any person convicted of a violent offense against any law 531 
enforcement or correctional officer, as defined in s. 943.10(1), 532 
(2), (3), (6), (7), (8), or (9); against any state attorney 533 
elected pursuant to s. 27.01 or assistant state attorney 534 
appointed under s. 27.181; or against any justice or judge of a 535 
court described in Art. V of the State Constitution, which 536 
offense arises out of or in the scope of the officer's duty as a 537 
law enforcement or correctio nal officer, the state attorney's or 538 
assistant state attorney's duty as a prosecutor or investigator, 539 
or the justice's or judge's duty as a judicial officer, as 540 
follows: 541 
 (1)  For murder in the first degree as described in s. 542 
782.04(1), if the death sentence is not imposed, a sentence of 543 
imprisonment for life without eligibility for release. 544 
 545 
Notwithstanding the provisions of s. 948.01, with respect to any 546 
person who is found to have violated this section, adjudication 547 
of guilt or imposition of sentence sha ll not be suspended, 548 
deferred, or withheld. 549 
 Section 21.  Paragraph (b) of subsection (2) and paragraph 550     
 
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(b) of subsection (3) of section 775.087, Florida Statutes, are 551 
amended to read: 552 
 775.087  Possession or use of weapon; aggravated battery; 553 
felony reclassification; minimum sentence. — 554 
 (2) 555 
 (b)  Subparagraph (a)1., subparagraph (a)2., or 556 
subparagraph (a)3. does not prevent a court from imposing a 557 
longer sentence of incarceration as authorized by law in 558 
addition to the minimum mandatory sentence , or from imposing a 559 
sentence of death pursuant to other applicable law . Subparagraph 560 
(a)1., subparagraph (a)2., or subparagraph (a)3. does not 561 
authorize a court to impose a lesser sentence than otherwise 562 
required by law. 563 
Notwithstanding s. 948.01, adjudication of guilt or imposition 564 
of sentence shall not be suspended, deferred, or withheld, and 565 
the defendant is not eligible for statutory gain -time under s. 566 
944.275 or any form of discretionary early release, other than 567 
pardon or executive clemency, or conditional me dical release 568 
under s. 947.149, prior to serving the minimum sentence. 569 
 (3) 570 
 (b)  Subparagraph (a)1., subparagraph (a)2., or 571 
subparagraph (a)3. does not prevent a court from imposing a 572 
longer sentence of incarceration as authorized by law in 573 
addition to the minimum mandatory sentence , or from imposing a 574 
sentence of death pursuant to other applicable law . Subparagraph 575     
 
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(a)1., subparagraph (a)2., or subparagraph (a)3. does not 576 
authorize a court to impose a lesser sentence than otherwise 577 
required by law. 578 
Notwithstanding s. 948.01, adjudication of guilt or imposition 579 
of sentence shall not be suspended, deferred, or withheld, and 580 
the defendant is not eligible for statutory gain -time under s. 581 
944.275 or any form of discretionary early release, other than 582 
pardon or executive clemency, or conditional medical release 583 
under s. 947.149, prior to serving the minimum sentence. 584 
 Section 22.  Paragraph (p) of subsection (3) of section 585 
790.25, Florida Statutes, is amended to read: 586 
 790.25  Lawful ownership, possession, and use of firearms 587 
and other weapons.— 588 
 (3)  LAWFUL USES.—The provisions of ss. 790.053 and 790.06 589 
do not apply in the following instances, and, despite such 590 
sections, it is lawful for the following persons to own, 591 
possess, and lawfully use firearms and other weapons, 592 
ammunition, and supplies for lawful purposes: 593 
 (p)  Investigators employed by the capital collateral 594 
regional counsel, while actually carrying out official duties, 595 
provided such investigators: 596 
 1.  Are employed full time; 597 
 2.  Meet the official training standards for firearms as 598 
established by the Criminal Justice Standards and Training 599 
Commission as provided in s. 943.12(1) and the requirements of 600     
 
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ss. 493.6108(1)(a) and 943.13(1) -(4); and 601 
 3.  Are individually designated by an affidavit of consent 602 
signed by the capital collateral regional counsel and filed with 603 
the clerk of the circuit court in the county in which the 604 
investigator is headquartered. 605 
 Section 23.  Subsection (2) of section 947.149, Florida 606 
Statutes, is amended to read: 607 
 947.149  Conditional medical release. — 608 
 (2)  Notwithstanding any provision to the contrary, any 609 
person determined eligible under this section and sentenced to 610 
the custody of the department may, upon referral by the 611 
department, be considered fo r conditional medical release by the 612 
commission, in addition to any parole consideration for which 613 
the inmate may be considered , except that conditional medical 614 
release is not authorized for an inmate who is under sentence of 615 
death. No inmate has a right t o conditional medical release or 616 
to a medical evaluation to determine eligibility for such 617 
release. 618 
 Section 24.  Paragraph (i) of subsection (3) of section 619 
944.801, Florida Statutes, is amended to read: 620 
 944.801  Education for state prisoners. — 621 
 (3)  The responsibilities of the Correctional Education 622 
Program shall be to: 623 
 (i)  Ensure that every inmate who has 2 years or more 624 
remaining to serve on his or her sentence at the time that he or 625     
 
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she is received at an institution and who lacks basic and 626 
functional literacy skills as defined in s. 1004.02 attends not 627 
fewer than 150 hours of sequential instruction in a correctional 628 
adult basic education program. The basic and functional literacy 629 
level of an inmate shall be determined by the average composite 630 
test score obtained on a test approved for this purpose by the 631 
State Board of Education. 632 
 1.  Upon completion of the 150 hours of instruction, the 633 
inmate shall be retested and, if a composite test score of 634 
functional literacy is not attained, the department is 635 
authorized to require the inmate to remain in the instructional 636 
program. 637 
 2.  Highest priority of inmate participation shall be 638 
focused on youthful offenders and those inmates nearing release 639 
from the correctional system. 640 
 3.  An inmate shall be required to attend the 150 hours of 641 
adult basic education instruction unless such inmate: 642 
 a.  Is serving a life sentence or is under sentence of 643 
death. 644 
 b.  Is specifically exempted for security or health 645 
reasons. 646 
 c.  Is housed at a community correctional center, r oad 647 
prison, work camp, or vocational center. 648 
 d.  Attains a functional literacy level after attendance in 649 
fewer than 150 hours of adult basic education instruction. 650     
 
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 e.  Is unable to enter such instruction because of 651 
insufficient facilities, staff, or clas sroom capacity. 652 
 4.  The Department of Corrections shall provide classes to 653 
accommodate those inmates assigned to correctional or public 654 
work programs after normal working hours. The department shall 655 
develop a plan to provide academic and vocational classe s on a 656 
more frequent basis and at times that accommodate the increasing 657 
number of inmates with work assignments, to the extent that 658 
resources permit. 659 
 5.  If an inmate attends and actively participates in the 660 
150 hours of instruction, the Department of Cor rections may 661 
grant a one-time award of up to 6 additional days of incentive 662 
gain-time, which must be credited and applied as provided by 663 
law. Active participation means, at a minimum, that the inmate 664 
is attentive, responsive, cooperative, and completes ass igned 665 
work. 666 
 Section 25.  Section 940.031, Florida Statutes, is 667 
repealed. 668 
 Section 26.  Subsection (1) of section 775.15, Florida 669 
Statutes, is amended to read: 670 
 775.15  Time limitations; general time limitations; 671 
exceptions.— 672 
 (1)  A prosecution for a capital felony, a life felony, or 673 
a felony that resulted in a death may be commenced at any time. 674 
If the death penalty is held to be unconstitutional by the 675     
 
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Florida Supreme Court or the United States Supreme Court, all 676 
crimes designated as capital felonies shall be considered life 677 
felonies for the purposes of this section, and prosecution for 678 
such crimes may be commenced at any time. 679 
 Section 27.  Subsection (4) of section 790.161, Florida 680 
Statutes, is amended to read: 681 
 790.161  Making, possessing, throwi ng, projecting, placing, 682 
or discharging any destructive device or attempt so to do, 683 
felony; penalties.—A person who willfully and unlawfully makes, 684 
possesses, throws, projects, places, discharges, or attempts to 685 
make, possess, throw, project, place, or dis charge any 686 
destructive device: 687 
 (4)  If the act results in the death of another person, 688 
commits a capital felony, punishable as provided in s. 775.082. 689 
In the event the death penalty in a capital felony is held to be 690 
unconstitutional by the Florida Supreme Court or the United 691 
States Supreme Court, the court having jurisdiction over a 692 
person previously sentenced to death for a capital felony shall 693 
cause such person to be brought before the court, and the court 694 
shall sentence such person to life imprisonment if convicted of 695 
murder in the first degree or of a capital felony under this 696 
subsection, and such person shall be ineligible for parole. No 697 
sentence of death shall be reduced as a result of a 698 
determination that a method of execution is held to be 699 
unconstitutional under the State Constitution or the 700     
 
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Constitution of the United States. 701 
 Section 28.  Sections 913.13, 921.137, 921.141, and 702 
921.142, Florida Statutes, are repealed. 703 
 Section 29.  Paragraph (c) of subsection (5) of section 704 
775.021, Florida Statu tes, is amended to read: 705 
 775.021  Rules of construction. — 706 
 (5)  Whoever commits an act that violates a provision of 707 
this code or commits a criminal offense defined by another 708 
statute and thereby causes the death of, or bodily injury to, an 709 
unborn child commits a separate offense if the provision or 710 
statute does not otherwise specifically provide a separate 711 
offense for such death or injury to an unborn child. 712 
 (c)  Notwithstanding any other provision of law, the death 713 
penalty may not be imposed for an off ense under this subsection. 714 
 Section 30.  Subsection (1) of section 782.04, Florida 715 
Statutes, is amended to read: 716 
 782.04  Murder.— 717 
 (1)(a) The unlawful killing of a human being: 718 
 (a)1. When perpetrated from a premeditated design to 719 
effect the death of the person killed or any human being; 720 
 (b)2. When committed by a person engaged in the 721 
perpetration of, or in the attempt to perpetrate, any: 722 
 1.a. Trafficking offense prohibited by s. 893.135(1), 723 
 2.b. Arson, 724 
 3.c. Sexual battery, 725     
 
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 4.d. Robbery, 726 
 5.e. Burglary, 727 
 6.f. Kidnapping, 728 
 7.g. Escape, 729 
 8.h. Aggravated child abuse, 730 
 9.i. Aggravated abuse of an elderly person or disabled 731 
adult, 732 
 10.j. Aircraft piracy, 733 
 11.k. Unlawful throwing, placing, or discharging of a 734 
destructive device or bomb, 735 
 12.l. Carjacking, 736 
 13.m. Home-invasion robbery, 737 
 14.n. Aggravated stalking, 738 
 15.o. Murder of another human being, 739 
 16.p. Resisting an officer with violence to his or her 740 
person, 741 
 17.q. Aggravated fleeing or eluding with serious bodily 742 
injury or death, 743 
 18.r. Felony that is an act of terrorism or is in 744 
furtherance of an act of terrorism, including a felony under s. 745 
775.30, s. 775.32, s. 775.33, s. 775.34, or s. 775.35, or 746 
 19.s. Human trafficking; or 747 
 (c)3. Which resulted from the unlawful distribution by a 748 
person 18 years of age or older of any of the following 749 
substances, or mixture containing any of the following 750     
 
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substances, when such substance or mixture is proven to be the 751 
proximate cause of the death of the user: 752 
 1.a. A substance controlled under s. 893.03(1); 753 
 2.b. Cocaine, as described in s. 893.03(2)(a)4.; 754 
 3.c. Opium or any synthetic or natural salt, compound, 755 
derivative, or preparation of opium; 756 
 4.d. Methadone; 757 
 5.e. Alfentanil, as described in s. 893.03(2)( b)1.; 758 
 6.f. Carfentanil, as described in s. 893.03(2)(b)6.; 759 
 7.g. Fentanyl, as described in s. 893.03(2)(b)9.; 760 
 8.h. Sufentanil, as described in s. 893.03(2)(b)30.; or 761 
 9.i. A controlled substance analog, as described in s. 762 
893.0356, of any substance s pecified in subparagraphs 1.-8. sub-763 
subparagraphs a.-h., 764 
 765 
is murder in the first degree and constitutes a capital felony, 766 
punishable as provided in s. 775.082. 767 
 (b)  In all cases under this section, the procedure set 768 
forth in s. 921.141 shall be followed in order to determine 769 
sentence of death or life imprisonment. If the prosecutor 770 
intends to seek the death penalty, the prosecutor must give 771 
notice to the defendan t and file the notice with the court 772 
within 45 days after arraignment. The notice must contain a list 773 
of the aggravating factors the state intends to prove and has 774 
reason to believe it can prove beyond a reasonable doubt. The 775     
 
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court may allow the prosecutor to amend the notice upon a 776 
showing of good cause. 777 
 Section 31.  Subsection (2) of section 775.30, Florida 778 
Statutes, is amended to read: 779 
 775.30  Terrorism; defined; penalties. — 780 
 (2)  A person who violates s. 782.04(1)(a) s. 781 
782.04(1)(a)1. or (2), s. 782.065, s. 782.07(1), s. 782.09, s. 782 
784.045, s. 784.07, s. 787.01, s. 787.02, s. 787.07, s. 790.115, 783 
s. 790.15, s. 790.16, s. 790.161, s. 790.1615, s. 790.162, s. 784 
790.166, s. 790.19, s. 806.01, s. 806.031, s. 806.111, s. 785 
815.06, s. 815.061, s. 859.01, or s. 876.34, in furtherance of 786 
intimidating or coercing the policy of a government, or in 787 
furtherance of affecting the conduct of a government by mass 788 
destruction, assassination, or kidnapping, commits the crime of 789 
terrorism, a felony of the first degree, punis hable as provided 790 
in s. 775.082, s. 775.083, or s. 775.084. 791 
 Section 32.  Paragraph (a) of subsection (9) of section 792 
394.912, Florida Statutes, is amended to read: 793 
 394.912  Definitions. —As used in this part, the term: 794 
 (9)  "Sexually violent offense" me ans: 795 
 (a)  Murder of a human being while engaged in sexual 796 
battery in violation of s. 782.04(1)(b) s. 782.04(1)(a)2.; 797 
 Section 33.  Subsection (1) of section 782.065, Florida 798 
Statutes, is amended to read: 799 
 782.065  Murder; law enforcement officer, correc tional 800     
 
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officer, correctional probation officer. —Notwithstanding ss. 801 
775.082, 775.0823, 782.04, 782.051, and chapter 921, a defendant 802 
shall be sentenced to life imprisonment without eligibility for 803 
release upon findings by the trier of fact that, beyond a 804 
reasonable doubt: 805 
 (1)  The defendant committed murder in the first degree in 806 
violation of s. 782.04(1) and a death sentence was not imposed; 807 
murder in the second or third degree in violation of s. 808 
782.04(2), (3), or (4); attempted murder in the first or se cond 809 
degree in violation of s. 782.04(1)(a) s. 782.04(1)(a)1. or (2); 810 
or attempted felony murder in violation of s. 782.051; and 811 
 Section 34.  Paragraph (a) of subsection (2) of section 812 
794.011, Florida Statutes, is amended to read: 813 
 794.011  Sexual batt ery.— 814 
 (2)(a)  A person 18 years of age or older who commits 815 
sexual battery upon, or in an attempt to commit sexual battery 816 
injures the sexual organs of, a person less than 12 years of age 817 
commits a capital felony, punishable as provided in s. 775.082 818 
ss. 775.082 and 921.141. 819 
 Section 35.  Paragraphs (b) through (l) and paragraph (n) 820 
of subsection (1) of section 893.135, Florida Statutes, are 821 
amended to read: 822 
 893.135  Trafficking; mandatory sentences; suspension or 823 
reduction of sentences; conspiracy to e ngage in trafficking. — 824 
 (1)  Except as authorized in this chapter or in chapter 499 825     
 
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and notwithstanding the provisions of s. 893.13: 826 
 (b)1.  Any person who knowingly sells, purchases, 827 
manufactures, delivers, or brings into this state, or who is 828 
knowingly in actual or constructive possession of, 28 grams or 829 
more of cocaine, as described in s. 893.03(2)(a)4., or of any 830 
mixture containing cocaine, but less than 150 kilograms of 831 
cocaine or any such mixture, commits a felony of the first 832 
degree, which felony sh all be known as "trafficking in cocaine," 833 
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 834 
If the quantity involved: 835 
 a.  Is 28 grams or more, but less than 200 grams, such 836 
person shall be sentenced to a mandatory minimum term of 837 
imprisonment of 3 years, and the defendant shall be ordered to 838 
pay a fine of $50,000. 839 
 b.  Is 200 grams or more, but less than 400 grams, such 840 
person shall be sentenced to a mandatory minimum term of 841 
imprisonment of 7 years, and the defendant shall be ordered to 842 
pay a fine of $100,000. 843 
 c.  Is 400 grams or more, but less than 150 kilograms, such 844 
person shall be sentenced to a mandatory minimum term of 845 
imprisonment of 15 calendar years and pay a fine of $250,000. 846 
 2.  Any person who knowingly sells, purchases, 847 
manufactures, delivers, or brings into this state, or who is 848 
knowingly in actual or constructive possession of, 150 kilograms 849 
or more of cocaine, as described in s. 893.03(2)(a)4., commits 850     
 
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the first degree felony of trafficking in cocaine. A person who 851 
has been convicted of the first degree felony of trafficking in 852 
cocaine under this subparagraph shall be punished by life 853 
imprisonment and is ineligible for any form of discretionary 854 
early release except pardon or executive clemency or conditional 855 
medical release under s. 947.149. However, if the court 856 
determines that, in addition to committing any act specified in 857 
this paragraph: 858 
 a.  The person intentionally killed an individual or 859 
counseled, commanded, induced, procured, or caused the 860 
intentional killing of an ind ividual and such killing was the 861 
result; or 862 
 b.  The person's conduct in committing that act led to a 863 
natural, though not inevitable, lethal result, 864 
 865 
such person commits the capital felony of trafficking in 866 
cocaine, punishable as provided in s. 775.082 ss. 775.082 and 867 
921.142. Any person sentenced for a capital felony under this 868 
paragraph shall also be sentenced to pay the maximum fine 869 
provided under subparagraph 1. 870 
 3.  Any person who knowingly brings into this state 300 871 
kilograms or more of cocaine, as de scribed in s. 893.03(2)(a)4., 872 
and who knows that the probable result of such importation would 873 
be the death of any person, commits capital importation of 874 
cocaine, a capital felony punishable as provided in s. 775.082 875     
 
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ss. 775.082 and 921.142 . Any person sentenced for a capital 876 
felony under this paragraph shall also be sentenced to pay the 877 
maximum fine provided under subparagraph 1. 878 
 (c)1.  A person who knowingly sells, purchases, 879 
manufactures, delivers, or brings into this state, or who is 880 
knowingly in actual or constructive possession of, 4 grams or 881 
more of any morphine, opium, hydromorphone, or any salt, 882 
derivative, isomer, or salt of an isomer thereof, including 883 
heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or 884 
(3)(c)4., or 4 grams or more of a ny mixture containing any such 885 
substance, but less than 30 kilograms of such substance or 886 
mixture, commits a felony of the first degree, which felony 887 
shall be known as "trafficking in illegal drugs," punishable as 888 
provided in s. 775.082, s. 775.083, or s. 775.084. If the 889 
quantity involved: 890 
 a.  Is 4 grams or more, but less than 14 grams, such person 891 
shall be sentenced to a mandatory minimum term of imprisonment 892 
of 3 years and shall be ordered to pay a fine of $50,000. 893 
 b.  Is 14 grams or more, but less than 28 grams, such 894 
person shall be sentenced to a mandatory minimum term of 895 
imprisonment of 15 years and shall be ordered to pay a fine of 896 
$100,000. 897 
 c.  Is 28 grams or more, but less than 30 kilograms, such 898 
person shall be sentenced to a mandatory minimum te rm of 899 
imprisonment of 25 years and shall be ordered to pay a fine of 900     
 
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$500,000. 901 
 2.  A person who knowingly sells, purchases, manufactures, 902 
delivers, or brings into this state, or who is knowingly in 903 
actual or constructive possession of, 28 grams or more of 904 
hydrocodone, as described in s. 893.03(2)(a)1.k., codeine, as 905 
described in s. 893.03(2)(a)1.g., or any salt thereof, or 28 906 
grams or more of any mixture containing any such substance, 907 
commits a felony of the first degree, which felony shall be 908 
known as "trafficking in hydrocodone," punishable as provided in 909 
s. 775.082, s. 775.083, or s. 775.084. If the quantity involved: 910 
 a.  Is 28 grams or more, but less than 50 grams, such 911 
person shall be sentenced to a mandatory minimum term of 912 
imprisonment of 3 years an d shall be ordered to pay a fine of 913 
$50,000. 914 
 b.  Is 50 grams or more, but less than 100 grams, such 915 
person shall be sentenced to a mandatory minimum term of 916 
imprisonment of 7 years and shall be ordered to pay a fine of 917 
$100,000. 918 
 c.  Is 100 grams or more, but less than 300 grams, such 919 
person shall be sentenced to a mandatory minimum term of 920 
imprisonment of 15 years and shall be ordered to pay a fine of 921 
$500,000. 922 
 d.  Is 300 grams or more, but less than 30 kilograms, such 923 
person shall be sentenced to a mand atory minimum term of 924 
imprisonment of 25 years and shall be ordered to pay a fine of 925     
 
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$750,000. 926 
 3.  A person who knowingly sells, purchases, manufactures, 927 
delivers, or brings into this state, or who is knowingly in 928 
actual or constructive possession of, 7 g rams or more of 929 
oxycodone, as described in s. 893.03(2)(a)1.q., or any salt 930 
thereof, or 7 grams or more of any mixture containing any such 931 
substance, commits a felony of the first degree, which felony 932 
shall be known as "trafficking in oxycodone," punishabl e as 933 
provided in s. 775.082, s. 775.083, or s. 775.084. If the 934 
quantity involved: 935 
 a.  Is 7 grams or more, but less than 14 grams, such person 936 
shall be sentenced to a mandatory minimum term of imprisonment 937 
of 3 years and shall be ordered to pay a fine of $ 50,000. 938 
 b.  Is 14 grams or more, but less than 25 grams, such 939 
person shall be sentenced to a mandatory minimum term of 940 
imprisonment of 7 years and shall be ordered to pay a fine of 941 
$100,000. 942 
 c.  Is 25 grams or more, but less than 100 grams, such 943 
person shall be sentenced to a mandatory minimum term of 944 
imprisonment of 15 years and shall be ordered to pay a fine of 945 
$500,000. 946 
 d.  Is 100 grams or more, but less than 30 kilograms, such 947 
person shall be sentenced to a mandatory minimum term of 948 
imprisonment of 25 years and shall be ordered to pay a fine of 949 
$750,000. 950     
 
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 4.a.  A person who knowingly sells, purchases, 951 
manufactures, delivers, or brings into this state, or who is 952 
knowingly in actual or constructive possession of, 4 grams or 953 
more of: 954 
 (I)  Alfentanil, as described in s. 893.03(2)(b)1.; 955 
 (II)  Carfentanil, as described in s. 893.03(2)(b)6.; 956 
 (III)  Fentanyl, as described in s. 893.03(2)(b)9.; 957 
 (IV)  Sufentanil, as described in s. 893.03(2)(b)30.; 958 
 (V)  A fentanyl derivative, as described in s. 959 
893.03(1)(a)62.; 960 
 (VI)  A controlled substance analog, as described in s. 961 
893.0356, of any substance described in sub -sub-subparagraphs 962 
(I)-(V); or 963 
 (VII)  A mixture containing any substance described in sub -964 
sub-subparagraphs (I)-(VI), 965 
 966 
commits a felony of the first degree, which felony shall be 967 
known as "trafficking in fentanyl," punishable as provided in s. 968 
775.082, s. 775.083, or s. 775.084. 969 
 b.  If the quantity involved under sub -subparagraph a.: 970 
 (I)  Is 4 grams or more, but less than 14 grams, such 971 
person shall be sentenced to a mandatory minimum term of 972 
imprisonment of 3 years, and shall be ordered to pay a fine of 973 
$50,000. 974 
 (II)  Is 14 grams or more, but less than 28 grams, such 975     
 
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person shall be sentenced to a mandatory minimum term of 976 
imprisonment of 15 years, and shall be ordered to pay a fine of 977 
$100,000. 978 
 (III)  Is 28 grams or more, such person shall be sentenced 979 
to a mandatory minimum term of imprisonment of 25 years, and 980 
shall be ordered to pay a fine of $500,000. 981 
 5.  A person who knowingly sell s, purchases, manufactures, 982 
delivers, or brings into this state, or who is knowingly in 983 
actual or constructive possession of, 30 kilograms or more of 984 
any morphine, opium, oxycodone, hydrocodone, codeine, 985 
hydromorphone, or any salt, derivative, isomer, or s alt of an 986 
isomer thereof, including heroin, as described in s. 987 
893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or 988 
more of any mixture containing any such substance, commits the 989 
first degree felony of trafficking in illegal drugs. A person 990 
who has been convicted of the first degree felony of trafficking 991 
in illegal drugs under this subparagraph shall be punished by 992 
life imprisonment and is ineligible for any form of 993 
discretionary early release except pardon or executive clemency 994 
or conditional medical release under s. 947.149. However, if the 995 
court determines that, in addition to committing any act 996 
specified in this paragraph: 997 
 a.  The person intentionally killed an individual or 998 
counseled, commanded, induced, procured, or caused the 999 
intentional killing of an individual and such killing was the 1000     
 
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result; or 1001 
 b.  The person's conduct in committing that act led to a 1002 
natural, though not inevitable, lethal result, 1003 
 1004 
such person commits the capital felony of trafficking in illegal 1005 
drugs, punishable as prov ided in s. 775.082 ss. 775.082 and 1006 
921.142. A person sentenced for a capital felony under this 1007 
paragraph shall also be sentenced to pay the maximum fine 1008 
provided under subparagraph 1. 1009 
 6.  A person who knowingly brings into this state 60 1010 
kilograms or more of any morphine, opium, oxycodone, 1011 
hydrocodone, codeine, hydromorphone, or any salt, derivative, 1012 
isomer, or salt of an isomer thereof, including heroin, as 1013 
described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 1014 
60 kilograms or more of any mixture containing any such 1015 
substance, and who knows that the probable result of such 1016 
importation would be the death of a person, commits capital 1017 
importation of illegal drugs, a capital felony punishable as 1018 
provided in s. 775.082 ss. 775.082 and 921.142 . A person 1019 
sentenced for a capital felony under this paragraph shall also 1020 
be sentenced to pay the maximum fine provided under subparagraph 1021 
1. 1022 
 (d)1.  Any person who knowingly sells, purchases, 1023 
manufactures, delivers, or brings into this state, or who is 1024 
knowingly in actual or constructive possession of, 28 grams or 1025     
 
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more of phencyclidine, as described in s. 893.03(2)(b)23., a 1026 
substituted phenylcyclohexylamine, as described in s. 1027 
893.03(1)(c)195., or a substance described in s. 1028 
893.03(1)(c)13., 32., 38., 103., or 146., or of any mixture 1029 
containing phencyclidine, as described in s. 893.03(2)(b)23., a 1030 
substituted phenylcyclohexylamine, as described in s. 1031 
893.03(1)(c)195., or a substance described in s. 1032 
893.03(1)(c)13., 32., 38., 103., or 146., commits a felony of 1033 
the first degree, which felony shall be known as "trafficking in 1034 
phencyclidine," punishable as provided in s. 775.082, s. 1035 
775.083, or s. 775.084. If the quantity involved: 1036 
 a.  Is 28 grams or more, but less than 200 grams, such 1037 
person shall be sentenced to a mandat ory minimum term of 1038 
imprisonment of 3 years, and the defendant shall be ordered to 1039 
pay a fine of $50,000. 1040 
 b.  Is 200 grams or more, but less than 400 grams, such 1041 
person shall be sentenced to a mandatory minimum term of 1042 
imprisonment of 7 years, and the def endant shall be ordered to 1043 
pay a fine of $100,000. 1044 
 c.  Is 400 grams or more, such person shall be sentenced to 1045 
a mandatory minimum term of imprisonment of 15 calendar years 1046 
and pay a fine of $250,000. 1047 
 2.  Any person who knowingly brings into this state 8 00 1048 
grams or more of phencyclidine, as described in s. 1049 
893.03(2)(b)23., a substituted phenylcyclohexylamine, as 1050     
 
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described in s. 893.03(1)(c)195., or a substance described in s. 1051 
893.03(1)(c)13., 32., 38., 103., or 146., or of any mixture 1052 
containing phencycli dine, as described in s. 893.03(2)(b)23., a 1053 
substituted phenylcyclohexylamine, as described in s. 1054 
893.03(1)(c)195., or a substance described in s. 1055 
893.03(1)(c)13., 32., 38., 103., or 146., and who knows that the 1056 
probable result of such importation would be the death of any 1057 
person commits capital importation of phencyclidine, a capital 1058 
felony punishable as provided in s. 775.082 ss. 775.082 and 1059 
921.142. Any person sentenced for a capital felony under this 1060 
paragraph shall also be sentenced to pay the maximum fine 1061 
provided under subparagraph 1. 1062 
 (e)1.  Any person who knowingly sells, purchases, 1063 
manufactures, delivers, or brings into this state, or who is 1064 
knowingly in actual or constructive possession of, 200 grams or 1065 
more of methaqualone or of any mixture conta ining methaqualone, 1066 
as described in s. 893.03(1)(d), commits a felony of the first 1067 
degree, which felony shall be known as "trafficking in 1068 
methaqualone," punishable as provided in s. 775.082, s. 775.083, 1069 
or s. 775.084. If the quantity involved: 1070 
 a.  Is 200 grams or more, but less than 5 kilograms, such 1071 
person shall be sentenced to a mandatory minimum term of 1072 
imprisonment of 3 years, and the defendant shall be ordered to 1073 
pay a fine of $50,000. 1074 
 b.  Is 5 kilograms or more, but less than 25 kilograms, 1075     
 
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such person shall be sentenced to a mandatory minimum term of 1076 
imprisonment of 7 years, and the defendant shall be ordered to 1077 
pay a fine of $100,000. 1078 
 c.  Is 25 kilograms or more, such person shall be sentenced 1079 
to a mandatory minimum term of imprisonment of 15 calen dar years 1080 
and pay a fine of $250,000. 1081 
 2.  Any person who knowingly brings into this state 50 1082 
kilograms or more of methaqualone or of any mixture containing 1083 
methaqualone, as described in s. 893.03(1)(d), and who knows 1084 
that the probable result of such impor tation would be the death 1085 
of any person commits capital importation of methaqualone, a 1086 
capital felony punishable as provided in s. 775.082 ss. 775.082 1087 
and 921.142. Any person sentenced for a capital felony under 1088 
this paragraph shall also be sentenced to pa y the maximum fine 1089 
provided under subparagraph 1. 1090 
 (f)1.  Any person who knowingly sells, purchases, 1091 
manufactures, delivers, or brings into this state, or who is 1092 
knowingly in actual or constructive possession of, 14 grams or 1093 
more of amphetamine, as describ ed in s. 893.03(2)(c)2., or 1094 
methamphetamine, as described in s. 893.03(2)(c)5., or of any 1095 
mixture containing amphetamine or methamphetamine, or 1096 
phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine 1097 
in conjunction with other chemicals and equipmen t utilized in 1098 
the manufacture of amphetamine or methamphetamine, commits a 1099 
felony of the first degree, which felony shall be known as 1100     
 
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"trafficking in amphetamine," punishable as provided in s. 1101 
775.082, s. 775.083, or s. 775.084. If the quantity involved: 1102 
 a.  Is 14 grams or more, but less than 28 grams, such 1103 
person shall be sentenced to a mandatory minimum term of 1104 
imprisonment of 3 years, and the defendant shall be ordered to 1105 
pay a fine of $50,000. 1106 
 b.  Is 28 grams or more, but less than 200 grams, such 1107 
person shall be sentenced to a mandatory minimum term of 1108 
imprisonment of 7 years, and the defendant shall be ordered to 1109 
pay a fine of $100,000. 1110 
 c.  Is 200 grams or more, such person shall be sentenced to 1111 
a mandatory minimum term of imprisonment of 15 calenda r years 1112 
and pay a fine of $250,000. 1113 
 2.  Any person who knowingly manufactures or brings into 1114 
this state 400 grams or more of amphetamine, as described in s. 1115 
893.03(2)(c)2., or methamphetamine, as described in s. 1116 
893.03(2)(c)5., or of any mixture containing amphetamine or 1117 
methamphetamine, or phenylacetone, phenylacetic acid, 1118 
pseudoephedrine, or ephedrine in conjunction with other 1119 
chemicals and equipment used in the manufacture of amphetamine 1120 
or methamphetamine, and who knows that the probable result of 1121 
such manufacture or importation would be the death of any person 1122 
commits capital manufacture or importation of amphetamine, a 1123 
capital felony punishable as provided in s. 775.082 ss. 775.082 1124 
and 921.142. Any person sentenced for a capital felony under 1125     
 
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this paragraph shall also be sentenced to pay the maximum fine 1126 
provided under subparagraph 1. 1127 
 (g)1.  Any person who knowingly sells, purchases, 1128 
manufactures, delivers, or brings into this state, or who is 1129 
knowingly in actual or constructive possession of, 4 grams or 1130 
more of flunitrazepam or any mixtu re containing flunitrazepam as 1131 
described in s. 893.03(1)(a) commits a felony of the first 1132 
degree, which felony shall be known as "trafficking in 1133 
flunitrazepam," punishable as provided in s. 775.082, s. 1134 
775.083, or s. 775.084. If the quantity involved: 1135 
 a.  Is 4 grams or more but less than 14 grams, such person 1136 
shall be sentenced to a mandatory minimum term of imprisonment 1137 
of 3 years, and the defendant shall be ordered to pay a fine of 1138 
$50,000. 1139 
 b.  Is 14 grams or more but less than 28 grams, such person 1140 
shall be sentenced to a mandatory minimum term of imprisonment 1141 
of 7 years, and the defendant shall be ordered to pay a fine of 1142 
$100,000. 1143 
 c.  Is 28 grams or more but less than 30 kilograms, such 1144 
person shall be sentenced to a mandatory minimum term of 1145 
imprisonment of 25 calendar years and pay a fine of $500,000. 1146 
 2.  Any person who knowingly sells, purchases, 1147 
manufactures, delivers, or brings into this state or who is 1148 
knowingly in actual or constructive possession of 30 kilograms 1149 
or more of flunitrazepam or an y mixture containing flunitrazepam 1150     
 
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as described in s. 893.03(1)(a) commits the first degree felony 1151 
of trafficking in flunitrazepam. A person who has been convicted 1152 
of the first degree felony of trafficking in flunitrazepam under 1153 
this subparagraph shall be punished by life imprisonment and is 1154 
ineligible for any form of discretionary early release except 1155 
pardon or executive clemency or conditional medical release 1156 
under s. 947.149. However, if the court determines that, in 1157 
addition to committing any act specif ied in this paragraph: 1158 
 a.  The person intentionally killed an individual or 1159 
counseled, commanded, induced, procured, or caused the 1160 
intentional killing of an individual and such killing was the 1161 
result; or 1162 
 b.  The person's conduct in committing that act le d to a 1163 
natural, though not inevitable, lethal result, 1164 
 1165 
such person commits the capital felony of trafficking in 1166 
flunitrazepam, punishable as provided in s. 775.082 ss. 775.082 1167 
and 921.142. Any person sentenced for a capital felony under 1168 
this paragraph shall also be sentenced to pay the maximum fine 1169 
provided under subparagraph 1. 1170 
 (h)1.  Any person who knowingly sells, purchases, 1171 
manufactures, delivers, or brings into this state, or who is 1172 
knowingly in actual or constructive possession of, 1 kilogram or 1173 
more of gamma-hydroxybutyric acid (GHB), as described in s. 1174 
893.03(1)(d), or any mixture containing gamma -hydroxybutyric 1175     
 
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acid (GHB), commits a felony of the first degree, which felony 1176 
shall be known as "trafficking in gamma -hydroxybutyric acid 1177 
(GHB)," punishable as provided in s. 775.082, s. 775.083, or s. 1178 
775.084. If the quantity involved: 1179 
 a.  Is 1 kilogram or more but less than 5 kilograms, such 1180 
person shall be sentenced to a mandatory minimum term of 1181 
imprisonment of 3 years, and the defendant shall be order ed to 1182 
pay a fine of $50,000. 1183 
 b.  Is 5 kilograms or more but less than 10 kilograms, such 1184 
person shall be sentenced to a mandatory minimum term of 1185 
imprisonment of 7 years, and the defendant shall be ordered to 1186 
pay a fine of $100,000. 1187 
 c.  Is 10 kilograms o r more, such person shall be sentenced 1188 
to a mandatory minimum term of imprisonment of 15 calendar years 1189 
and pay a fine of $250,000. 1190 
 2.  Any person who knowingly manufactures or brings into 1191 
this state 150 kilograms or more of gamma -hydroxybutyric acid 1192 
(GHB), as described in s. 893.03(1)(d), or any mixture 1193 
containing gamma-hydroxybutyric acid (GHB), and who knows that 1194 
the probable result of such manufacture or importation would be 1195 
the death of any person commits capital manufacture or 1196 
importation of gamma -hydroxybutyric acid (GHB), a capital felony 1197 
punishable as provided in s. 775.082 ss. 775.082 and 921.142 . 1198 
Any person sentenced for a capital felony under this paragraph 1199 
shall also be sentenced to pay the maximum fine provided under 1200     
 
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subparagraph 1. 1201 
 (i)1.  Any person who knowingly sells, purchases, 1202 
manufactures, delivers, or brings into this state, or who is 1203 
knowingly in actual or constructive possession of, 1 kilogram or 1204 
more of gamma-butyrolactone (GBL), as described in s. 1205 
893.03(1)(d), or any mixture contai ning gamma-butyrolactone 1206 
(GBL), commits a felony of the first degree, which felony shall 1207 
be known as "trafficking in gamma -butyrolactone (GBL)," 1208 
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 1209 
If the quantity involved: 1210 
 a.  Is 1 kilogram or more but less than 5 kilograms, such 1211 
person shall be sentenced to a mandatory minimum term of 1212 
imprisonment of 3 years, and the defendant shall be ordered to 1213 
pay a fine of $50,000. 1214 
 b.  Is 5 kilograms or more but less than 10 kilograms, such 1215 
person shall be sentenced to a mandatory minimum term of 1216 
imprisonment of 7 years, and the defendant shall be ordered to 1217 
pay a fine of $100,000. 1218 
 c.  Is 10 kilograms or more, such person shall be sentenced 1219 
to a mandatory minimum term of imprisonment of 15 calendar years 1220 
and pay a fine of $250,000. 1221 
 2.  Any person who knowingly manufactures or brings into 1222 
the state 150 kilograms or more of gamma -butyrolactone (GBL), as 1223 
described in s. 893.03(1)(d), or any mixture containing gamma -1224 
butyrolactone (GBL), and who knows that th e probable result of 1225     
 
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such manufacture or importation would be the death of any person 1226 
commits capital manufacture or importation of gamma -1227 
butyrolactone (GBL), a capital felony punishable as provided in 1228 
s. 775.082 ss. 775.082 and 921.142 . Any person sentenc ed for a 1229 
capital felony under this paragraph shall also be sentenced to 1230 
pay the maximum fine provided under subparagraph 1. 1231 
 (j)1.  Any person who knowingly sells, purchases, 1232 
manufactures, delivers, or brings into this state, or who is 1233 
knowingly in actual or constructive possession of, 1 kilogram or 1234 
more of 1,4-Butanediol as described in s. 893.03(1)(d), or of 1235 
any mixture containing 1,4 -Butanediol, commits a felony of the 1236 
first degree, which felony shall be known as "trafficking in 1237 
1,4-Butanediol," punishab le as provided in s. 775.082, s. 1238 
775.083, or s. 775.084. If the quantity involved: 1239 
 a.  Is 1 kilogram or more, but less than 5 kilograms, such 1240 
person shall be sentenced to a mandatory minimum term of 1241 
imprisonment of 3 years, and the defendant shall be orde red to 1242 
pay a fine of $50,000. 1243 
 b.  Is 5 kilograms or more, but less than 10 kilograms, 1244 
such person shall be sentenced to a mandatory minimum term of 1245 
imprisonment of 7 years, and the defendant shall be ordered to 1246 
pay a fine of $100,000. 1247 
 c.  Is 10 kilograms or more, such person shall be sentenced 1248 
to a mandatory minimum term of imprisonment of 15 calendar years 1249 
and pay a fine of $500,000. 1250     
 
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 2.  Any person who knowingly manufactures or brings into 1251 
this state 150 kilograms or more of 1,4 -Butanediol as described 1252 
in s. 893.03(1)(d), or any mixture containing 1,4 -Butanediol, 1253 
and who knows that the probable result of such manufacture or 1254 
importation would be the death of any person commits capital 1255 
manufacture or importation of 1,4 -Butanediol, a capital felony 1256 
punishable as provided in s. 775.082 ss. 775.082 and 921.142 . 1257 
Any person sentenced for a capital felony under this paragraph 1258 
shall also be sentenced to pay the maximum fine provided under 1259 
subparagraph 1. 1260 
 (k)1.  A person who knowingly sells, purchases, 1261 
manufactures, delivers, or brings into this state, or who is 1262 
knowingly in actual or constructive possession of, 10 grams or 1263 
more of a: 1264 
 a.  Substance described in s. 893.03(1)(c)4., 5., 10., 11., 1265 
15., 17., 21.-27., 29., 39., 40.-45., 58., 72.-80., 81.-86., 1266 
90.-102., 104.-108., 110.-113., 143.-145., 148.-150., 160.-163., 1267 
165., or 187.-189., a substituted cathinone, as described in s. 1268 
893.03(1)(c)191., or substituted phenethylamine, as described in 1269 
s. 893.03(1)(c)192.; 1270 
 b.  Mixture containing any substance described in sub-1271 
subparagraph a.; or 1272 
 c.  Salt, isomer, ester, or ether or salt of an isomer, 1273 
ester, or ether of a substance described in sub -subparagraph a., 1274 
 1275     
 
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commits a felony of the first degree, which felony shall be 1276 
known as "trafficking in phenethylamines," punishable as 1277 
provided in s. 775.082, s. 775.083, or s. 775.084. 1278 
 2.  If the quantity involved under subparagraph 1.: 1279 
 a.  Is 10 grams or more, but less than 200 grams, such 1280 
person shall be sentenced to a mandatory minimum term of 1281 
imprisonment of 3 years a nd shall be ordered to pay a fine of 1282 
$50,000. 1283 
 b.  Is 200 grams or more, but less than 400 grams, such 1284 
person shall be sentenced to a mandatory minimum term of 1285 
imprisonment of 7 years and shall be ordered to pay a fine of 1286 
$100,000. 1287 
 c.  Is 400 grams or mor e, such person shall be sentenced to 1288 
a mandatory minimum term of imprisonment of 15 years and shall 1289 
be ordered to pay a fine of $250,000. 1290 
 3.  A person who knowingly manufactures or brings into this 1291 
state 30 kilograms or more of a substance described in su b-1292 
subparagraph 1.a., a mixture described in sub -subparagraph 1.b., 1293 
or a salt, isomer, ester, or ether or a salt of an isomer, 1294 
ester, or ether described in sub -subparagraph 1.c., and who 1295 
knows that the probable result of such manufacture or 1296 
importation would be the death of any person commits capital 1297 
manufacture or importation of phenethylamines, a capital felony 1298 
punishable as provided in s. 775.082 ss. 775.082 and 921.142 . A 1299 
person sentenced for a capital felony under this paragraph shall 1300     
 
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also be sentenced to pay the maximum fine under subparagraph 2. 1301 
 (l)1.  Any person who knowingly sells, purchases, 1302 
manufactures, delivers, or brings into this state, or who is 1303 
knowingly in actual or constructive possession of, 1 gram or 1304 
more of lysergic acid diethylamide (L SD) as described in s. 1305 
893.03(1)(c), or of any mixture containing lysergic acid 1306 
diethylamide (LSD), commits a felony of the first degree, which 1307 
felony shall be known as "trafficking in lysergic acid 1308 
diethylamide (LSD)," punishable as provided in s. 775.082 , s. 1309 
775.083, or s. 775.084. If the quantity involved: 1310 
 a.  Is 1 gram or more, but less than 5 grams, such person 1311 
shall be sentenced to a mandatory minimum term of imprisonment 1312 
of 3 years, and the defendant shall be ordered to pay a fine of 1313 
$50,000. 1314 
 b.  Is 5 grams or more, but less than 7 grams, such person 1315 
shall be sentenced to a mandatory minimum term of imprisonment 1316 
of 7 years, and the defendant shall be ordered to pay a fine of 1317 
$100,000. 1318 
 c.  Is 7 grams or more, such person shall be sentenced to a 1319 
mandatory minimum term of imprisonment of 15 calendar years and 1320 
pay a fine of $500,000. 1321 
 2.  Any person who knowingly manufactures or brings into 1322 
this state 7 grams or more of lysergic acid diethylamide (LSD) 1323 
as described in s. 893.03(1)(c), or any mixture con taining 1324 
lysergic acid diethylamide (LSD), and who knows that the 1325     
 
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probable result of such manufacture or importation would be the 1326 
death of any person commits capital manufacture or importation 1327 
of lysergic acid diethylamide (LSD), a capital felony punishable 1328 
as provided in s. 775.082 ss. 775.082 and 921.142 . Any person 1329 
sentenced for a capital felony under this paragraph shall also 1330 
be sentenced to pay the maximum fine provided under subparagraph 1331 
1. 1332 
 (n)1.  A person who knowingly sells, purchases, 1333 
manufactures, delivers, or brings into this state, or who is 1334 
knowingly in actual or constructive possession of, 14 grams or 1335 
more of: 1336 
 a.  A substance described in s. 893.03(1)(c)164., 174., or 1337 
175., a n-benzyl phenethylamine compound, as described in s. 1338 
893.03(1)(c)193.; or 1339 
 b.  A mixture containing any substance described in sub -1340 
subparagraph a., 1341 
 1342 
commits a felony of the first degree, which felony shall be 1343 
known as "trafficking in n -benzyl phenethylamines," punishable 1344 
as provided in s. 775.082, s. 775.083, or s. 775.084 . 1345 
 2.  If the quantity involved under subparagraph 1.: 1346 
 a.  Is 14 grams or more, but less than 100 grams, such 1347 
person shall be sentenced to a mandatory minimum term of 1348 
imprisonment of 3 years, and the defendant shall be ordered to 1349 
pay a fine of $50,000. 1350     
 
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 b.  Is 100 grams or more, but less than 200 grams, such 1351 
person shall be sentenced to a mandatory minimum term of 1352 
imprisonment of 7 years, and the defendant shall be ordered to 1353 
pay a fine of $100,000. 1354 
 c.  Is 200 grams or more, such person shall be sentenced to 1355 
a mandatory minimum term of imprisonment of 15 years, and the 1356 
defendant shall be ordered to pay a fine of $500,000. 1357 
 3.  A person who knowingly manufactures or brings into this 1358 
state 400 grams or more of a substance described in sub -1359 
subparagraph 1.a. or a mixture described in sub -subparagraph 1360 
1.b., and who knows that the probable result of such manufacture 1361 
or importation would be the death of any person commits capital 1362 
manufacture or importation of a n -benzyl phenethylamine 1363 
compound, a capital felony pu nishable as provided in s. 775.082 1364 
ss. 775.082 and 921.142 . A person sentenced for a capital felony 1365 
under this paragraph shall also be sentenced to pay the maximum 1366 
fine under subparagraph 2. 1367 
 Section 36.  Paragraph (e) of subsection (4) of section 1368 
944.275, Florida Statutes, is amended to read: 1369 
 944.275  Gain-time.— 1370 
 (4) 1371 
 (e)  Notwithstanding subparagraph (b)3., for sentences 1372 
imposed for offenses committed on or after October 1, 2014, the 1373 
department may not grant incentive gain -time if the offense is a 1374 
violation of s. 782.04(1)(b)3. s. 782.04(1)(a)2.c.; s. 1375     
 
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787.01(3)(a)2. or 3.; s. 787.02(3)(a)2. or 3.; s. 794.011, 1376 
excluding s. 794.011(10); s. 800.04; s. 825.1025; or s. 1377 
847.0135(5). 1378 
 Section 37.  Subsection (4) and paragraph (a) of subsection 1379 
(5) of section 948.012, Florida Statutes, are amended to read: 1380 
 948.012  Split sentence of probation or community control 1381 
and imprisonment.— 1382 
 (4)  Effective for offenses committed on or after September 1383 
1, 2005, the court must impose a split sentence pursuant to 1384 
subsection (1) for any person who is convicted of a life felony 1385 
for lewd and lascivious molestation pursuant to s. 800.04(5)(b) 1386 
if the court imposes a term of years in accordance with s. 1387 
775.082(2)(a)4.a.(II) s. 775.082(3)(a)4.a.(II) rather than life 1388 
imprisonment. The probation or community control portion of the 1389 
split sentence imposed by the court for a defendant must extend 1390 
for the duration of the defendant's natural life and include a 1391 
condition that he or she be electronically monitored. 1392 
 (5)(a)  Effective for offenses committed on or after 1393 
October 1, 2014, if the court imposes a term of years in 1394 
accordance with s. 775.082 which is less than the maximum 1395 
sentence for the offense, the court must impose a split sentence 1396 
pursuant to subsection (1) for any person who is convicted of a 1397 
violation of: 1398 
 1.  Section 782.04(1)(b)3. 782.04(1)(a)2.c.; 1399 
 2.  Section 787.01(3)(a)2. or 3.; 1400     
 
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 3.  Section 787.02(3)(a)2. or 3.; 1401 
 4.  Section 794.011, excluding s. 794.011(10); 1402 
 5.  Section 800.04; 1403 
 6.  Section 825.1025; o r 1404 
 7.  Section 847.0135(5). 1405 
 Section 38.  Sections 922.052, 922.06, 922.07, 922.08, 1406 
922.095, 922.10, 922.105, 922.108, 922.11, 922.111, 922.12, 1407 
922.14, 922.15, 924.055, 924.056, and 924.057, Florida Statutes, 1408 
are repealed. 1409 
 Section 39.  Subsection (4) of section 925.11, Florida 1410 
Statutes, is amended to read: 1411 
 925.11  Postsentencing DNA testing. — 1412 
 (4)  PRESERVATION OF EVIDENCE. — 1413 
 (a) Governmental entities that may be in possession of any 1414 
physical evidence in the case, including, but not limited to, 1415 
any investigating law enforcement agency, the clerk of the 1416 
court, the prosecuting authority, or the Department of Law 1417 
Enforcement shall maintain any physical evidence collected at 1418 
the time of the crime for which a postsentencing testing of DNA 1419 
may be requested. 1420 
 (b)  In a case in which the death penalty is imposed, the 1421 
evidence shall be maintained for 60 days after execution of the 1422 
sentence. In all other cases, a governmental entity may dispose 1423 
of the physical evidence if the term of the sentence imposed in 1424 
the case has expired and no other provision of law or rule 1425     
 
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requires that the physical evidence be preserved or retained. 1426 
 Section 40.  Paragraphs (g), (h), and (i) of subsection (1) 1427 
and subsection (2) of section 945.10, Florida Statutes, are 1428 
amended to read: 1429 
 945.10  Confidential information. — 1430 
 (1)  Except as otherwise provided by law or in this 1431 
section, the following records and information held by the 1432 
Department of Corrections are confidential and exempt from the 1433 
provisions of s. 119.07(1) and s. 24(a), Art . I of the State 1434 
Constitution: 1435 
 (g)  Information which identifies an executioner, or any 1436 
person prescribing, preparing, compounding, dispensing, or 1437 
administering a lethal injection. 1438 
 (g)(h) The identity of any inmate or offender upon whom an 1439 
HIV test has been performed and the inmate's or offender's test 1440 
results, in accordance with s. 381.004. The term "HIV test" has 1441 
the same meaning as provided in s. 381.004. This paragraph is 1442 
subject to the Open Government Sunset Review Act of 1995 in 1443 
accordance with s. 119.15 and shall stand repealed on October 2, 1444 
2022, unless reviewed and saved from repeal through reenactment 1445 
by the Legislature. 1446 
 (h)(i) Records that are otherwise confidential or exempt 1447 
from public disclosure by law. 1448 
 (2)  The records and information sp ecified in paragraphs 1449 
(1)(a)-(h) (1)(a)-(i) may be released as follows unless 1450     
 
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expressly prohibited by federal law: 1451 
 (a)  Information specified in paragraphs (1)(b), (d), and 1452 
(f) to the Executive Office of the Governor, the Legislature, 1453 
the Florida Commissi on on Offender Review, the Department of 1454 
Children and Families, a private correctional facility or 1455 
program that operates under a contract, the Department of Legal 1456 
Affairs, a state attorney, the court, or a law enforcement 1457 
agency. A request for records or i nformation pursuant to this 1458 
paragraph need not be in writing. 1459 
 (b)  Information specified in paragraphs (1)(c), (e), and 1460 
(h) (i) to the Executive Office of the Governor, the 1461 
Legislature, the Florida Commission on Offender Review, the 1462 
Department of Children and Families, a private correctional 1463 
facility or program that operates under contract, the Department 1464 
of Legal Affairs, a state attorney, the court, or a law 1465 
enforcement agency. A request for records or information 1466 
pursuant to this paragraph must be in wr iting and a statement 1467 
provided demonstrating a need for the records or information. 1468 
 (c)  Information specified in paragraph (1)(b) to an 1469 
attorney representing an inmate under sentence of death, except 1470 
those portions of the records containing a victim's st atement or 1471 
address, or the statement or address of a relative of the 1472 
victim. A request for records of information pursuant to this 1473 
paragraph must be in writing and a statement provided 1474 
demonstrating a need for the records or information. 1475     
 
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 (d)  Information specified in paragraph (1)(b) to a public 1476 
defender representing a defendant, except those portions of the 1477 
records containing a victim's statement or address, or the 1478 
statement or address of a relative of the victim. A request for 1479 
records or information purs uant to this paragraph need not be in 1480 
writing. 1481 
 (e)  Information specified in paragraph (1)(b) to state or 1482 
local governmental agencies. A request for records or 1483 
information pursuant to this paragraph must be in writing and a 1484 
statement provided demonstratin g a need for the records or 1485 
information. 1486 
 (f)  Information specified in paragraph (1)(b) to a person 1487 
conducting legitimate research. A request for records and 1488 
information pursuant to this paragraph must be in writing, the 1489 
person requesting the records or i nformation must sign a 1490 
confidentiality agreement, and the department must approve the 1491 
request in writing. 1492 
 (g)  Protected health information and records specified in 1493 
paragraphs (1)(a) and (g) (h) to the Department of Health and 1494 
the county health department where an inmate plans to reside if 1495 
he or she has tested positive for the presence of the antibody 1496 
or antigen to human immunodeficiency virus infection or as 1497 
authorized in s. 381.004. 1498 
 (h)  Protected health information and mental health, 1499 
medical, or substance abuse records specified in paragraph 1500     
 
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(1)(a) to the Executive Office of the Governor, the Correctional 1501 
Medical Authority, and the Department of Health for health care 1502 
oversight activities authorized by state or federal law, 1503 
including audits; civil, administrative, or criminal 1504 
investigations; or inspections relating to the provision of 1505 
health services, in accordance with 45 C.F.R. part 164, subpart 1506 
E. 1507 
 (i)  Protected health information and mental health, 1508 
medical, or substance abuse records specified in paragraph 1509 
(1)(a) to a state attorney, a state court, or a law enforcement 1510 
agency conducting an ongoing criminal investigation, if the 1511 
inmate agrees to the disclosure and provides written consent or, 1512 
if the inmate refuses to provide written consent, in response to 1513 
an order of a court of competent jurisdiction, a subpoena, 1514 
including a grand jury, investigative, or administrative 1515 
subpoena, a court-ordered warrant, or a statutorily authorized 1516 
investigative demand or other process as authorized by law, in 1517 
accordance with 45 C.F.R. part 164, subpart E, provided that: 1518 
 1.  The protected health information and records sought are 1519 
relevant and material to a legitimate law enforcement inquiry; 1520 
 2.  There is a clear connection between the investigated 1521 
incident and the inmate whose protected health information and 1522 
records are sought; 1523 
 3.  The request is specific and limited in scope to the 1524 
extent reasonably practicable in light of the purpose for which 1525     
 
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the information or records are sought; and 1526 
 4.  Deidentified information could not reasonably be used. 1527 
 (j)  Protected health information and mental health, 1528 
medical, or substance abuse records specified in paragraph 1529 
(1)(a) of an inmate who is or is suspecte d of being the victim 1530 
of a crime, to a state attorney or a law enforcement agency if 1531 
the inmate agrees to the disclosure and provides written consent 1532 
or if the inmate is unable to agree because of incapacity or 1533 
other emergency circumstance, in accordance w ith 45 C.F.R. part 1534 
164, subpart E, provided that: 1535 
 1.  Such protected health information and records are 1536 
needed to determine whether a violation of law by a person other 1537 
than the inmate victim has occurred; 1538 
 2.  Such protected health information or records are not 1539 
intended to be used against the inmate victim; 1540 
 3.  The immediate law enforcement activity that depends 1541 
upon the disclosure would be materially and adversely affected 1542 
by waiting until the inmate victim is able to agree to the 1543 
disclosure; and 1544 
 4.  The disclosure is in the best interests of the inmate 1545 
victim, as determined by the department. 1546 
 (k)  Protected health information and mental health, 1547 
medical, or substance abuse records specified in paragraph 1548 
(1)(a) to a state attorney or a law enforcement agency if the 1549 
department believes in good faith that the information and 1550     
 
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records constitute evidence of criminal conduct that occurred in 1551 
a correctional institution or facility, in accordance with 45 1552 
C.F.R. part 164, subpart E, provided that: 1553 
 1.  The protected health information and records disclosed 1554 
are specific and limited in scope to the extent reasonably 1555 
practicable in light of the purpose for which the information or 1556 
records are sought; 1557 
 2.  There is a clear connection between the criminal 1558 
conduct and the inmate whose protected health information and 1559 
records are sought; and 1560 
 3.  Deidentified information could not reasonably be used. 1561 
 (l)  Protected health information and mental health, 1562 
medical, or substance abuse records specified in paragraph 1563 
(1)(a) to the Division of Risk Management of the Department of 1564 
Financial Services, in accordance with 45 C.F.R. part 164, 1565 
subpart E, upon certification by the Division of Risk Management 1566 
that such information and records are necessary to investigate 1567 
and provide legal representation for a claim against the 1568 
Department of Corrections. 1569 
 (m)  Protected health information and mental health, 1570 
medical, or substance abuse records specified in paragraph 1571 
(1)(a) of an inmate who is bringing a legal action against the 1572 
department, to the Department of Legal Affairs or to an attorney 1573 
retained to represent the department in a legal proceeding, in 1574 
accordance with 45 C.F.R. part 164, subpart E. 1575     
 
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 (n)  Protected health information and mental health, 1576 
medical, or substance abuse records o f an inmate as specified in 1577 
paragraph (1)(a) to another correctional institution or facility 1578 
or law enforcement official having lawful custody of the inmate, 1579 
in accordance with 45 C.F.R. part 164, subpart E, if the 1580 
protected health information or records a re necessary for: 1581 
 1.  The provision of health care to the inmate; 1582 
 2.  The health and safety of the inmate or other inmates; 1583 
 3.  The health and safety of the officers, employees, or 1584 
others at the correctional institution or facility; 1585 
 4.  The health and safety of the individuals or officers 1586 
responsible for transporting the inmate from one correctional 1587 
institution, facility, or setting to another; 1588 
 5.  Law enforcement on the premises of the correctional 1589 
institution or facility; or 1590 
 6.  The administration a nd maintenance of the safety, 1591 
security, and good order of the correctional institution or 1592 
facility. 1593 
 (o)  Protected health information and mental health, 1594 
medical, or substance abuse records of an inmate as specified in 1595 
paragraph (1)(a) to the Department of Children and Families and 1596 
the Florida Commission on Offender Review, in accordance with 45 1597 
C.F.R. part 164, subpart E, if the inmate received mental health 1598 
treatment while in the custody of the Department of Corrections 1599 
and becomes eligible for release un der supervision or upon the 1600     
 
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end of his or her sentence. 1601 
 (p)  Notwithstanding s. 456.057 and in accordance with 45 1602 
C.F.R. part 164, subpart E, protected health information and 1603 
mental health, medical, or substance abuse records specified in 1604 
paragraph (1)(a) of a deceased inmate or offender to an 1605 
individual with authority to act on behalf of the deceased 1606 
inmate or offender, upon the individual's request. For purposes 1607 
of this section, the following individuals have authority to act 1608 
on behalf of a deceased inma te or offender only for the purpose 1609 
of requesting access to such protected health information and 1610 
records: 1611 
 1.  A person appointed by a court to act as the personal 1612 
representative, executor, administrator, curator, or temporary 1613 
administrator of the decease d inmate's or offender's estate; 1614 
 2.  If a court has not made a judicial appointment under 1615 
subparagraph 1., a person designated by the inmate or offender 1616 
to act as his or her personal representative in a last will that 1617 
is self-proved under s. 732.503; or 1618 
 3.  If a court has not made a judicial appointment under 1619 
subparagraph 1. or if the inmate or offender has not designated 1620 
a person in a self-proved last will as provided in subparagraph 1621 
2., only the following individuals: 1622 
 a.  A surviving spouse. 1623 
 b.  If there is no surviving spouse, a surviving adult 1624 
child of the inmate or offender. 1625     
 
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 c.  If there is no surviving spouse or adult child, a 1626 
parent of the inmate or offender. 1627 
 (q)  All requests for access to a deceased inmate's or 1628 
offender's protected health in formation or mental health, 1629 
medical, or substance abuse records specified in paragraph 1630 
(1)(a) must be in writing and must be accompanied by the 1631 
following: 1632 
 1.  If made by a person authorized under subparagraph 1633 
(p)1., a copy of the letter of administration and a copy of the 1634 
court order appointing such person as the representative of the 1635 
inmate's or offender's estate. 1636 
 2.  If made by a person authorized under subparagraph 1637 
(p)2., a copy of the self -proved last will designating the 1638 
person as the inmate's or off ender's representative. 1639 
 3.  If made by a person authorized under subparagraph 1640 
(p)3., a letter from the person's attorney verifying the 1641 
person's relationship to the inmate or offender and the absence 1642 
of a court-appointed representative and self -proved last will. 1643 
 1644 
Records and information released under this subsection remain 1645 
confidential and exempt from the provisions of s. 119.07(1) and 1646 
s. 24(a), Art. I of the State Constitution when held by the 1647 
receiving person or entity. 1648 
 Section 41.  Subsection (2) of section 316.3026, Florida 1649 
Statutes, is amended to read: 1650     
 
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 316.3026  Unlawful operation of motor carriers. — 1651 
 (2)  Any motor carrier enjoined or prohibited from 1652 
operating by an out-of-service order by this state, any other 1653 
state, or the Federal Motor Carrier Safety Administration may 1654 
not operate on the roadways of this state until the motor 1655 
carrier has been authorized to resume operations by the 1656 
originating enforcement jurisdiction. Commercial motor vehicles 1657 
owned or operated by any motor carrier prohibited fr om operation 1658 
found on the roadways of this state shall be placed out of 1659 
service by law enforcement officers of the Department of Highway 1660 
Safety and Motor Vehicles, and the motor carrier assessed a 1661 
$10,000 civil penalty pursuant to 49 C.F.R. s. 383.53, in 1662 
addition to any other penalties imposed on the driver or other 1663 
responsible person. Any person who knowingly drives, operates, 1664 
or causes to be operated any commercial motor vehicle in 1665 
violation of an out-of-service order issued by the department in 1666 
accordance with this section commits a felony of the third 1667 
degree, punishable as provided in s. 775.082(2)(e) s. 1668 
775.082(3)(e). Any costs associated with the impoundment or 1669 
storage of such vehicles are the responsibility of the motor 1670 
carrier. Vehicle out -of-service orders may be rescinded when the 1671 
department receives proof of authorization for the motor carrier 1672 
to resume operation. 1673 
 Section 42.  Subsection (3) of section 373.409, Florida 1674 
Statutes, is amended to read: 1675     
 
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 373.409  Headgates, valves, and measuring devi ces.— 1676 
 (3)  No person shall alter or tamper with a measuring 1677 
device so as to cause it to register other than the actual 1678 
amount of water diverted, discharged, or taken. Violation of 1679 
this subsection shall be a misdemeanor of the second degree, 1680 
punishable under s. 775.082(3)(b) s. 775.082(4)(b). 1681 
 Section 43.  Subsections (3), (4), and (5) of section 1682 
373.430, Florida Statutes, are amended to read: 1683 
 373.430  Prohibitions, violation, penalty, intent. — 1684 
 (3)  A person who willfully commits a violation specified 1685 
in paragraph (1)(a) commits a felony of the third degree, 1686 
punishable as provided in ss. 775.082(2)(e) ss. 775.082(3)(e) 1687 
and 775.083(1)(g), by a fine of not more than $50,000 or by 1688 
imprisonment for 5 years, or by both, for each offense. Each day 1689 
during any portion of which such violation occurs constitutes a 1690 
separate offense. 1691 
 (4)  A person who commits a violation specified in 1692 
paragraph (1)(a) or paragraph (1)(b) due to reckless 1693 
indifference or gross careless disregard commits a misdemeanor 1694 
of the second degree, punishable as provided in ss. 1695 
775.082(3)(b) ss. 775.082(4)(b) and 775.083(1)(g), by a fine of 1696 
not more than $10,000 or 60 days in jail, or by both, for each 1697 
offense. 1698 
 (5)  A person who willfully commits a violation specified 1699 
in paragraph (1)(b) or who commits a violation specified in 1700     
 
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paragraph (1)(c) commits a misdemeanor of the first degree, 1701 
punishable as provided in ss. 775.082(3)(a) ss. 775.082(4)(a) 1702 
and 775.083(1)(g), by a fine of not more than $10,000 or by 6 1703 
months in jail, or by both, for each of fense. 1704 
 Section 44.  Subsections (3) and (4) of section 376.302, 1705 
Florida Statutes, are amended to read: 1706 
 376.302  Prohibited acts; penalties. — 1707 
 (3)  Any person who willfully commits a violation specified 1708 
in paragraph (1)(a) or paragraph (1)(b) shall be g uilty of a 1709 
misdemeanor of the first degree punishable as provided in ss. 1710 
775.082(3)(a) ss. 775.082(4)(a) and 775.083(1)(g), by a fine of 1711 
not less than $2,500 or more than $25,000, or punishable by 1 1712 
year in jail, or by both for each offense. Each day during any 1713 
portion of which such violation occurs constitutes a separate 1714 
offense. 1715 
 (4)  Any person who commit s a violation specified in 1716 
paragraph (1)(c) shall be guilty of a misdemeanor of the first 1717 
degree punishable as provided in ss. 775.082(3)(a) ss. 1718 
775.082(4)(a) and 775.083(1)(g), by a fine of not more than 1719 
$10,000, or by 6 months in jail, or by both for eac h offense. 1720 
 Section 45.  Subsections (3), (4), and (5) of section 1721 
403.161, Florida Statutes, are amended to read: 1722 
 403.161  Prohibitions, violation, penalty, intent. — 1723 
 (3)  A person who willfully commits a violation specified 1724 
in paragraph (1)(a) commits a felony of the third degree, 1725     
 
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punishable as provided in ss. 775.082(2)(e) ss. 775.082(3)(e) 1726 
and 775.083(1)(g) by a fine of not more than $50,000 or by 1727 
imprisonment for 5 years, or by both, for each offense. Each day 1728 
during any portion of which such violati on occurs constitutes a 1729 
separate offense. 1730 
 (4)  A person who commits a violation specified in 1731 
paragraph (1)(a) or paragraph (1)(b) due to reckless 1732 
indifference or gross careless disregard commits a misdemeanor 1733 
of the second degree, punishable as provided i n ss. 1734 
775.082(3)(b) ss. 775.082(4)(b) and 775.083(1)(g) by a fine of 1735 
not more than $10,000 or by 60 days in jail, or by both, for 1736 
each offense. 1737 
 (5)  A person who willfully commits a violation specified 1738 
in paragraph (1)(b) or who commits a violation specif ied in 1739 
paragraph (1)(c) commits a misdemeanor of the first degree 1740 
punishable as provided in ss. 775.082(3)(a) ss. 775.082(4)(a) 1741 
and 775.083(1)(g) by a fine of not more than $10,000 or by 6 1742 
months in jail, or by both for each offense. 1743 
 Section 46.  Subsection (2) of section 448.09, Florida 1744 
Statutes, is amended to read: 1745 
 448.09  Unauthorized aliens; employment prohibited. — 1746 
 (2)  The first violation of subsection (1) shall be a 1747 
noncriminal violation as defined in s. 775.08(3) and, upon 1748 
conviction, shall be punishable as provided in s. 775.082(4) s. 1749 
775.082(5) by a civil fine of not more than $500, regardless of 1750     
 
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the number of aliens with respect to whom the violation 1751 
occurred. 1752 
 Section 47.  Section 504.013, Florida Statutes, is amended 1753 
to read: 1754 
 504.013  Penalties.—Any person, firm, or corporation 1755 
engaged in the business of the retail vending of fresh fruits, 1756 
fresh vegetables, bee pollen, or honey who willfully and 1757 
knowingly removes any labels or identifying marks from fruits, 1758 
vegetables, bee pollen, or honey so labeled is guilty of a 1759 
noncriminal violation as defined in s. 775.08(3) and upon 1760 
conviction shall be punished as provided in s. 775.082(4) s. 1761 
775.082(5) by a civil fine of not more than $500. 1762 
 Section 48.  Paragraph (c) of subsection (3) of sec tion 1763 
648.571, Florida Statutes, is amended to read: 1764 
 648.571  Failure to return collateral; penalty. — 1765 
 (3) 1766 
 (c)  Allowable expenses incurred in apprehending a 1767 
defendant because of a bond forfeiture or judgment under s. 1768 
903.29 may be deducted if such expens es are accounted for. The 1769 
failure to return collateral under these terms is punishable as 1770 
follows: 1771 
 1.  If the collateral is of a value less than $100, as 1772 
provided in s. 775.082(3)(a) s. 775.082(4)(a). 1773 
 2.  If the collateral is of a value of $100 or more, as 1774 
provided in s. 775.082(2)(e) s. 775.082(3)(e). 1775     
 
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 3.  If the collateral is of a value of $1,500 or more, as 1776 
provided in s. 775.082(2)(d) s. 775.082(3)(d). 1777 
 4.  If the collateral is of a value of $10,000 or more, as 1778 
provided in s. 775.082(2)(b) s. 775.082(3)(b). 1779 
 Section 49.  Paragraph (a) of subsection (2) of section 1780 
775.261, Florida Statutes, is amended to read: 1781 
 775.261  The Florida Career Offender Registration Act. — 1782 
 (2)  DEFINITIONS.—As used in this section, the term: 1783 
 (a)  "Career offender" means an y person who is designated 1784 
as a habitual violent felony offender, a violent career 1785 
criminal, or a three -time violent felony offender under s. 1786 
775.084 or as a prison releasee reoffender under s. 775.082(8) 1787 
s. 775.082(9). 1788 
 Section 50.  Paragraph (g) of sub section (3) of section 1789 
787.06, Florida Statutes, is amended to read: 1790 
 787.06  Human trafficking. — 1791 
 (3)  Any person who knowingly, or in reckless disregard of 1792 
the facts, engages in human trafficking, or attempts to engage 1793 
in human trafficking, or benefits f inancially by receiving 1794 
anything of value from participation in a venture that has 1795 
subjected a person to human trafficking: 1796 
 (g)  For commercial sexual activity in which any child 1797 
younger than 18 years of age or an adult believed by the person 1798 
to be a child younger than 18 years of age, or in which any 1799 
person who is mentally defective or mentally incapacitated as 1800     
 
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those terms are defined in s. 794.011(1), is involved commits a 1801 
life felony, punishable as provided in s. 775.082(2)(a)6. s. 1802 
775.082(3)(a)6., s. 775.083, or s. 775.084. 1803 
 1804 
For each instance of human trafficking of any individual under 1805 
this subsection, a separate crime is committed and a separate 1806 
punishment is authorized. 1807 
 Section 51.  Subsection (6) of section 794.0115, Florida 1808 
Statutes, is amended to read: 1809 
 794.0115  Dangerous sexual felony offender; mandatory 1810 
sentencing.— 1811 
 (6)  Notwithstanding s. 775.082(2) s. 775.082(3), chapter 1812 
958, any other law, or any interpretation or construction 1813 
thereof, a person subject to sentencing under this section must 1814 
be sentenced to the mandatory term of imprisonment provided 1815 
under this section. If the mandatory minimum term of 1816 
imprisonment imposed under this section exceeds the maximum 1817 
sentence authorized under s. 775.082, s. 775.084, or chapter 1818 
921, the mandatory minimum term of imprisonment under this 1819 
section must be imposed. If the mandatory minimum term of 1820 
imprisonment under this section is less than the sentence that 1821 
could be imposed under s. 775.082, s. 775.084, or chapter 921, 1822 
the sentence imposed must incl ude the mandatory minimum term of 1823 
imprisonment under this section. 1824 
 Section 52.  Paragraph (b) of subsection (5) of section 1825     
 
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800.04, Florida Statutes, is amended to read: 1826 
 800.04  Lewd or lascivious offenses committed upon or in 1827 
the presence of persons le ss than 16 years of age. — 1828 
 (5)  LEWD OR LASCIVIOUS MOLESTATION. — 1829 
 (b)  An offender 18 years of age or older who commits lewd 1830 
or lascivious molestation against a victim less than 12 years of 1831 
age commits a life felony, punishable as provided in s. 1832 
775.082(2)(a)4. s. 775.082(3)(a)4. 1833 
 Section 53.  Paragraph (c) of subsection (4) of section 1834 
907.041, Florida Statutes, is amended to read: 1835 
 907.041  Pretrial detention and release. — 1836 
 (4)  PRETRIAL DETENTION. — 1837 
 (c)  The court may order pretrial detention if it finds a 1838 
substantial probability, based on a defendant's past and present 1839 
patterns of behavior, the criteria in s. 903.046, and any other 1840 
relevant facts, that any of the following circumstances exist: 1841 
 1.  The defendant has previously violated conditi ons of 1842 
release and that no further conditions of release are reasonably 1843 
likely to assure the defendant's appearance at subsequent 1844 
proceedings; 1845 
 2.  The defendant, with the intent to obstruct the judicial 1846 
process, has threatened, intimidated, or injured any victim, 1847 
potential witness, juror, or judicial officer, or has attempted 1848 
or conspired to do so, and that no condition of release will 1849 
reasonably prevent the obstruction of the judicial process; 1850     
 
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 3.  The defendant is charged with trafficking in controlled 1851 
substances as defined by s. 893.135, that there is a substantial 1852 
probability that the defendant has committed the offense, and 1853 
that no conditions of release will reasonably assure the 1854 
defendant's appearance at subsequent criminal proceedings; 1855 
 4.  The defendant is charged with DUI manslaughter, as 1856 
defined by s. 316.193, and that there is a substantial 1857 
probability that the defendant committed the crime and that the 1858 
defendant poses a threat of harm to the community; conditions 1859 
that would support a finding by t he court pursuant to this 1860 
subparagraph that the defendant poses a threat of harm to the 1861 
community include, but are not limited to, any of the following: 1862 
 a.  The defendant has previously been convicted of any 1863 
crime under s. 316.193, or of any crime in any other state or 1864 
territory of the United States that is substantially similar to 1865 
any crime under s. 316.193; 1866 
 b.  The defendant was driving with a suspended driver 1867 
license when the charged crime was committed; or 1868 
 c.  The defendant has previously been found guilty of, or 1869 
has had adjudication of guilt withheld for, driving while the 1870 
defendant's driver license was suspended or revoked in violation 1871 
of s. 322.34; 1872 
 5.  The defendant poses the threat of harm to the 1873 
community. The court may so conclude, if it finds that the 1874 
defendant is presently charged with a dangerous crime, that 1875     
 
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there is a substantial probability that the defendant committed 1876 
such crime, that the factual circumstances of the crime indicate 1877 
a disregard for the safety of the community, and that ther e are 1878 
no conditions of release reasonably sufficient to protect the 1879 
community from the risk of physical harm to persons; 1880 
 6.  The defendant was on probation, parole, or other 1881 
release pending completion of sentence or on pretrial release 1882 
for a dangerous crime at the time the current offense was 1883 
committed; 1884 
 7.  The defendant has violated one or more conditions of 1885 
pretrial release or bond for the offense currently before the 1886 
court and the violation, in the discretion of the court, 1887 
supports a finding that no co nditions of release can reasonably 1888 
protect the community from risk of physical harm to persons or 1889 
assure the presence of the accused at trial; or 1890 
 8.a.  The defendant has ever been sentenced pursuant to s. 1891 
775.082(8) s. 775.082(9) or s. 775.084 as a prison releasee 1892 
reoffender, habitual violent felony offender, three -time violent 1893 
felony offender, or violent career criminal, or the state 1894 
attorney files a notice seeking that the defendant be sentenced 1895 
pursuant to s. 775.082(8) s. 775.082(9) or s. 775.084, as a 1896 
prison releasee reoffender, habitual violent felony offender, 1897 
three-time violent felony offender, or violent career criminal; 1898 
 b.  There is a substantial probability that the defendant 1899 
committed the offense; and 1900     
 
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 c.  There are no conditions of release tha t can reasonably 1901 
protect the community from risk of physical harm or ensure the 1902 
presence of the accused at trial. 1903 
 Section 54.  Subsection (1) of section 921.1401, Florida 1904 
Statutes, is amended to read: 1905 
 921.1401  Sentence of life imprisonment for persons who are 1906 
under the age of 18 years at the time of the offense; sentencing 1907 
proceedings.— 1908 
 (1)  Upon conviction or adjudication of guilt of an offense 1909 
described in s. 775.082(1)(b), s. 775.082(2)(a)5. s. 1910 
775.082(3)(a)5., s. 775.082(2)(b)2. s. 775.082(3)(b)2., or s. 1911 
775.082(2)(c) s. 775.082(3)(c) which was committed on or after 1912 
July 1, 2014, the court may conduct a separate sentencing 1913 
hearing to determine if a term of imprisonment for life or a 1914 
term of years equal to life imprisonment is an appropriate 1915 
sentence. 1916 
 Section 55.  Paragraphs (b), (c), and (d) of subsection (2) 1917 
of section 921.1402, Florida Statutes, are amended to read: 1918 
 921.1402  Review of sentences for persons convicted of 1919 
specified offenses committed while under the age of 18 years. — 1920 
 (2) 1921 
 (b)  A juvenile offender sentenced to a term of more than 1922 
25 years under s. 775.082(2)(a)5.a. s. 775.082(3)(a)5.a. or s. 1923 
775.082(2)(b)2.a. s. 775.082(3)(b)2.a. is entitled to a review 1924 
of his or her sentence after 25 years. 1925     
 
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 (c)  A juvenile offender sentenced to a term of more than 1926 
15 years under s. 775.082(1)(b)2., s. 775.082(2)(a)5.b. s. 1927 
775.082(3)(a)5.b., or s. 775.082(2)(b)2.b. s. 775.082(3)(b)2.b. 1928 
is entitled to a review of his or her sentence after 15 years. 1929 
 (d)  A juvenile offender sentenced to a term of 20 years or 1930 
more under s. 775.082(2)(c) s. 775.082(3)(c) is entitled to a 1931 
review of his or her sentence after 20 years. If the juvenile 1932 
offender is not resentenced at the initial review hearing, he or 1933 
she is eligible for one subsequent review hearing 10 ye ars after 1934 
the initial review hearing. 1935 
 Section 56.  Paragraph (c) of subsection (3) of section 1936 
944.17, Florida Statutes, is amended to read: 1937 
 944.17  Commitments and classification; transfers. — 1938 
 (3) 1939 
 (c)1.  When the highest ranking offense for which the 1940 
prisoner is convicted is a felony, the trial court shall 1941 
sentence the prisoner pursuant to the Criminal Punishment Code 1942 
in chapter 921. 1943 
 2.  When the highest ranking offense for which the prisoner 1944 
is convicted is a misdemeanor, the trial court shall senten ce 1945 
the prisoner pursuant to s. 775.082(3) s. 775.082(4). 1946 
 Section 57.  Subsection (1) of section 944.608, Florida 1947 
Statutes, is amended to read: 1948 
 944.608  Notification to Department of Law Enforcement of 1949 
information on career offenders. — 1950     
 
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 (1)  As used in this section, the term "career offender" 1951 
means a person who is in the custody or control of, or under the 1952 
supervision of, the department or is in the custody or control 1953 
of, or under the supervision of, a private correctional 1954 
facility, and who is designated as a habitual violent felony 1955 
offender, a violent career criminal, or a three -time violent 1956 
felony offender under s. 775.084 or as a prison releasee 1957 
reoffender under s. 775.082(8) s. 775.082(9). 1958 
 Section 58.  Subsection (1) of section 944.609, Florida 1959 
Statutes, is amended to read: 1960 
 944.609  Career offenders; notification upon release. — 1961 
 (1)  As used in this section, the term "career offender" 1962 
means a person who is in the custody or control of, or under the 1963 
supervision of, the department or is in the custod y or control 1964 
of, or under the supervision of a private correctional facility, 1965 
who is designated as a habitual violent felony offender, a 1966 
violent career criminal, or a three -time violent felony offender 1967 
under s. 775.084 or as a prison releasee reoffender un der s. 1968 
775.082(8) s. 775.082(9). 1969 
 Section 59.  Subsection (7) of section 944.705, Florida 1970 
Statutes, is amended to read: 1971 
 944.705  Release orientation program. — 1972 
 (7)(a)  The department shall notify every inmate in the 1973 
inmate's release documents: 1974 
 1.  Of all outstanding terms of the inmate's sentence at 1975     
 
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the time of release to assist the inmate in determining his or 1976 
her status with regard to the completion of all terms of 1977 
sentence, as that term is defined in s. 98.0751. This 1978 
subparagraph does not apply to in mates who are being released 1979 
from the custody of the department to any type of supervision 1980 
monitored by the department; and 1981 
 2.  In not less than 18 -point type, that the inmate may be 1982 
sentenced pursuant to s. 775.082(8) s. 775.082(9) if the inmate 1983 
commits any felony offense described in s. 775.082(8) s. 1984 
775.082(9) within 3 years after the inmate's release. This 1985 
notice must be prefaced by the word "WARNING" in boldfaced type. 1986 
 (b)  This section does not preclude the sentencing of a 1987 
person pursuant to s. 775.082(8) s. 775.082(9), and evidence 1988 
that the department failed to provide this notice does not 1989 
prohibit a person from being sentenced pursuant to s. 775.082(8) 1990 
s. 775.082(9). The state is not required to demonstrate that a 1991 
person received any notice from the department in order for the 1992 
court to impose a sentence pursuant to s. 775.082(8) s. 1993 
775.082(9). 1994 
 Section 60.  This act shall take effect upon becoming a 1995 
law. 1996