Florida Senate Bill S0386 Introduced / Bill

 Florida Senate - 2022 SB 386  By Senator Farmer 34-00138-22 2022386__ 1 A bill to be entitled 2 An act relating to abolishing the death penalty; 3 amending s. 775.082, F.S.; providing that capital 4 felonies are punishable only by life imprisonment; 5 deleting provisions relating to the effect of a 6 declaration by a court of last resort that the death 7 penalty in a capital felony is unconstitutional; 8 amending ss. 27.51 and 27.511, F.S.; deleting 9 provisions relating to representation in death penalty 10 cases; amending s. 27.5304, F.S.; conforming 11 provisions to changes made by the act; repealing ss. 12 27.7001, 27.7002, 27.701, 27.702, 27.703, 27.704, 13 27.7045, 27.705, 27.706, 27.707, 27.708, 27.7081, 14 27.7091, 27.710, 27.711, and 27.715, F.S., relating to 15 capital collateral representation, constitutionally 16 deficient representation, and postconviction capital 17 collateral proceedings; amending ss. 23.21, 27.51, 18 27.511, 43.16, and 112.0455, F.S.; conforming 19 provisions to changes made by the act; amending s. 20 119.071, F.S.; deleting a public records exemption 21 relating to capital collateral proceedings; amending 22 ss. 186.003, 215.89, 215.985, 216.011, and 790.25, 23 F.S.; conforming provisions to changes made by the 24 act; amending ss. 775.15 and 790.161, F.S.; deleting 25 provisions relating to the effect of a declaration by 26 a court of last resort that the death penalty in a 27 capital felony is unconstitutional; repealing ss. 28 913.13, 921.137, 921.141, and 921.142, F.S., relating 29 to jurors in capital cases, prohibition of the 30 imposition of the death sentence upon an 31 intellectually disabled defendant, determination of 32 whether to impose a sentence of death or life 33 imprisonment for capital felonies, and determination 34 of whether to impose a sentence of death or life 35 imprisonment for capital drug trafficking felonies; 36 amending ss. 394.912, 775.021, 775.30, 782.04, 37 782.065, 794.011, 893.135, 944.275, and 948.012, F.S.; 38 conforming provisions to changes made by the act; 39 repealing ss. 922.052, 922.06, 922.07, 922.08, 40 922.095, 922.10, 922.105, 922.108, 922.11, 922.111, 41 922.12, 922.14, 922.15, 924.055, 924.056, and 924.057, 42 F.S., relating to issuance of warrant of execution, 43 stay of execution of death sentence, proceedings when 44 a person under sentence of death appears to be insane, 45 proceedings when person under sentence of death 46 appears to be pregnant, pursuit of collateral 47 remedies, execution of death sentence, prohibition 48 against reduction of death sentence as a result of 49 determination that a method of execution is 50 unconstitutional, sentencing orders in capital cases, 51 regulation of execution, transfer to state prison for 52 safekeeping before death warrant issued, return of 53 warrant of execution issued by the Governor, sentence 54 of death unexecuted for unjustifiable reasons, return 55 of warrant of execution issued by the Supreme Court, 56 legislative intent concerning appeals and 57 postconviction proceedings in capital cases, 58 commencement of capital postconviction proceedings for 59 which sentence of death is imposed on or after a 60 certain date, and limitation on capital postconviction 61 cases in which the death sentence was imposed before a 62 certain date; amending s. 925.11, F.S.; deleting 63 provisions relating to the preservation of DNA 64 evidence in death penalty cases; amending s. 945.10, 65 F.S.; deleting a public records exemption for the 66 identity of executioners or those who have specified 67 involvement in the administration of a lethal 68 injection; amending ss. 316.3026, 373.409, 373.430, 69 376.302, 403.161, 448.09, 504.013, 648.571, 775.261, 70 787.06, 794.0115, 800.04, 907.041, 921.1401, 921.1402, 71 944.17, 944.608, 944.609, and 944.705, F.S.; 72 conforming cross-references; providing an effective 73 date. 74 75 Be It Enacted by the Legislature of the State of Florida: 76 77 Section 1.Paragraph (a) of subsection (1) and subsection 78 (2) of section 775.082, Florida Statutes, are amended to read: 79 775.082Penalties; applicability of sentencing structures; 80 mandatory minimum sentences for certain reoffenders previously 81 released from prison. 82 (1)(a)Except as provided in paragraph (b), A person who 83 has been convicted of a capital felony shall be punished by 84 death if the proceeding held to determine sentence according to 85 the procedure set forth in s. 921.141 results in a determination 86 that such person shall be punished by death, otherwise such 87 person shall be punished by life imprisonment and shall be 88 ineligible for parole. 89 (2)In the event the death penalty in a capital felony is 90 held to be unconstitutional by the Florida Supreme Court or the 91 United States Supreme Court, the court having jurisdiction over 92 a person previously sentenced to death for a capital felony 93 shall cause such person to be brought before the court, and the 94 court shall sentence such person to life imprisonment as 95 provided in subsection (1). No sentence of death shall be 96 reduced as a result of a determination that a method of 97 execution is held to be unconstitutional under the State 98 Constitution or the Constitution of the United States. 99 Section 2.Subsection (1) of section 27.51, Florida 100 Statutes, is amended to read: 101 27.51Duties of public defender. 102 (1)The public defender shall represent, without additional 103 compensation, any person determined to be indigent under s. 104 27.52 and: 105 (a)Under arrest for, or charged with, a felony; 106 (b)Under arrest for, or charged with: 107 1.A misdemeanor authorized for prosecution by the state 108 attorney; 109 2.A violation of chapter 316 punishable by imprisonment; 110 3.Criminal contempt; or 111 4.A violation of a special law or county or municipal 112 ordinance ancillary to a state charge, or if not ancillary to a 113 state charge, only if the public defender contracts with the 114 county or municipality to provide representation pursuant to ss. 115 27.54 and 125.69. 116 117 The public defender shall not provide representation pursuant to 118 this paragraph if the court, prior to trial, files in the cause 119 an order of no imprisonment as provided in s. 27.512; 120 (c)Alleged to be a delinquent child pursuant to a petition 121 filed before a circuit court; 122 (d)Sought by petition filed in such court to be 123 involuntarily placed as a mentally ill person under part I of 124 chapter 394, involuntarily committed as a sexually violent 125 predator under part V of chapter 394, or involuntarily admitted 126 to residential services as a person with developmental 127 disabilities under chapter 393. A public defender shall not 128 represent any plaintiff in a civil action brought under the 129 Florida Rules of Civil Procedure, the Federal Rules of Civil 130 Procedure, or the federal statutes, or represent a petitioner in 131 a rule challenge under chapter 120, unless specifically 132 authorized by statute; or 133 (e)Convicted and sentenced to death, for purposes of 134 handling an appeal to the Supreme Court; or 135 (e)(f)Is appealing a matter in a case arising under 136 paragraphs (a)-(d). 137 Section 3.Subsections (5) and (8) of section 27.511, 138 Florida Statutes, are amended to read: 139 27.511Offices of criminal conflict and civil regional 140 counsel; legislative intent; qualifications; appointment; 141 duties. 142 (5)When the Office of the Public Defender, at any time 143 during the representation of two or more defendants, determines 144 that the interests of those accused are so adverse or hostile 145 that they cannot all be counseled by the public defender or his 146 or her staff without a conflict of interest, or that none can be 147 counseled by the public defender or his or her staff because of 148 a conflict of interest, and the court grants the public 149 defenders motion to withdraw, the office of criminal conflict 150 and civil regional counsel shall be appointed and shall provide 151 legal services, without additional compensation, to any person 152 determined to be indigent under s. 27.52, who is: 153 (a)Under arrest for, or charged with, a felony; 154 (b)Under arrest for, or charged with: 155 1.A misdemeanor authorized for prosecution by the state 156 attorney; 157 2.A violation of chapter 316 punishable by imprisonment; 158 3.Criminal contempt; or 159 4.A violation of a special law or county or municipal 160 ordinance ancillary to a state charge or, if not ancillary to a 161 state charge, only if the office of criminal conflict and civil 162 regional counsel contracts with the county or municipality to 163 provide representation pursuant to ss. 27.54 and 125.69. 164 165 The office of criminal conflict and civil regional counsel may 166 not provide representation pursuant to this paragraph if the 167 court, prior to trial, files in the cause an order of no 168 imprisonment as provided in s. 27.512; 169 (c)Alleged to be a delinquent child pursuant to a petition 170 filed before a circuit court; 171 (d)Sought by petition filed in such court to be 172 involuntarily placed as a mentally ill person under part I of 173 chapter 394, involuntarily committed as a sexually violent 174 predator under part V of chapter 394, or involuntarily admitted 175 to residential services as a person with developmental 176 disabilities under chapter 393; 177 (e)Convicted and sentenced to death, for purposes of 178 handling an appeal to the Supreme Court; 179 (e)(f)Appealing a matter in a case arising under 180 paragraphs (a)-(d); or 181 (f)(g)Seeking correction, reduction, or modification of a 182 sentence under Rule 3.800, Florida Rules of Criminal Procedure, 183 or seeking postconviction relief under Rule 3.850, Florida Rules 184 of Criminal Procedure, if, in either case, the court determines 185 that appointment of counsel is necessary to protect a persons 186 due process rights. 187 (8)The public defender for the judicial circuit specified 188 in s. 27.51(4) shall, after the record on appeal is transmitted 189 to the appellate court by the office of criminal conflict and 190 civil regional counsel which handled the trial and if requested 191 by the regional counsel for the indicated appellate district, 192 handle all circuit court and county court appeals authorized 193 pursuant to paragraph (5)(e) (5)(f) within the state courts 194 system and any authorized appeals to the federal courts required 195 of the official making the request. If the public defender 196 certifies to the court that the public defender has a conflict 197 consistent with the criteria prescribed in s. 27.5303 and moves 198 to withdraw, the regional counsel shall handle the appeal, 199 unless the regional counsel has a conflict, in which case the 200 court shall appoint private counsel pursuant to s. 27.40. 201 Section 4.Subsection (13) of section 27.5304, Florida 202 Statutes, is amended to read: 203 27.5304Private court-appointed counsel; compensation; 204 notice. 205 (13)Notwithstanding the limitation set forth in subsection 206 (5) and for the 2021-2022 fiscal year only, the compensation for 207 representation in a criminal proceeding may not exceed the 208 following: 209 (a)For misdemeanors and juveniles represented at the trial 210 level: $1,000. 211 (b)For noncapital, nonlife felonies represented at the 212 trial level: $15,000. 213 (c)For life felonies represented at the trial level: 214 $15,000. 215 (d)For capital cases represented at the trial level: 216 $25,000. For purposes of this paragraph, a capital case is any 217 offense for which the potential sentence is death and the state 218 has not waived seeking the death penalty. 219 (d)(e)For representation on appeal: $9,000. 220 (e)(f)This subsection expires July 1, 2022. 221 Section 5.Sections 27.7001, 27.7002, 27.701, 27.702, 222 27.703, 27.704, 27.7045, 27.705, 27.706, 27.707, 27.708, 223 27.7081, 27.7091, 27.710, 27.711, and 27.715, Florida Statutes, 224 are repealed. 225 Section 6.Subsection (1) of section 23.21, Florida 226 Statutes, is amended to read: 227 23.21Definitions.For purposes of this part: 228 (1)Department means a principal administrative unit 229 within the executive branch of state government as defined in 230 chapter 20 and includes the State Board of Administration, the 231 Executive Office of the Governor, the Fish and Wildlife 232 Conservation Commission, the Florida Commission on Offender 233 Review, the Agency for Health Care Administration, the State 234 Board of Education, the Board of Governors of the State 235 University System, the Justice Administrative Commission, the 236 capital collateral regional counsel, and separate budget 237 entities placed for administrative purposes within a department. 238 Section 7.Subsection (5) of section 27.51, Florida 239 Statutes, is amended to read: 240 27.51Duties of public defender. 241 (5)(a)When direct appellate proceedings prosecuted by a 242 public defender on behalf of an accused and challenging a 243 judgment of conviction and sentence of death terminate in an 244 affirmance of such conviction and sentence, whether by the 245 Florida Supreme Court or by the United States Supreme Court or 246 by expiration of any deadline for filing such appeal in a state 247 or federal court, the public defender shall notify the accused 248 of his or her rights pursuant to Rule 3.851, Florida Rules of 249 Criminal Procedure, including any time limits pertinent thereto, 250 and shall advise such person that representation in any 251 collateral proceedings is the responsibility of the capital 252 collateral regional counsel. The public defender shall then 253 forward all original files on the matter to the capital 254 collateral regional counsel, retaining such copies for his or 255 her files as may be desired. 256 (b)It is the intent of the Legislature that any public 257 defender representing an inmate in any collateral proceedings in 258 any court on June 24, 1985, shall continue representation of 259 that inmate in all postconviction proceedings unless relieved of 260 responsibility from further representation by the court. 261 Section 8.Subsection (9) of section 27.511, Florida 262 Statutes, is amended to read: 263 27.511Offices of criminal conflict and civil regional 264 counsel; legislative intent; qualifications; appointment; 265 duties. 266 (9)When direct appellate proceedings prosecuted by the 267 office of criminal conflict and civil regional counsel on behalf 268 of an accused and challenging a judgment of conviction and 269 sentence of death terminate in an affirmance of such conviction 270 and sentence, whether by the Supreme Court or by the United 271 States Supreme Court or by expiration of any deadline for filing 272 such appeal in a state or federal court, the office of criminal 273 conflict and civil regional counsel shall notify the accused of 274 his or her rights pursuant to Rule 3.851, Florida Rules of 275 Criminal Procedure, including any time limits pertinent thereto, 276 and shall advise such person that representation in any 277 collateral proceedings is the responsibility of the capital 278 collateral regional counsel. The office of criminal conflict and 279 civil regional counsel shall forward all original files on the 280 matter to the capital collateral regional counsel, retaining 281 such copies for his or her files as may be desired or required 282 by law. 283 Section 9.Paragraph (a) of subsection (5) and subsections 284 (6) and (7) of section 43.16, Florida Statutes, are amended to 285 read: 286 43.16Justice Administrative Commission; membership, powers 287 and duties. 288 (5)The duties of the commission shall include, but not be 289 limited to, the following: 290 (a)The maintenance of a central state office for 291 administrative services and assistance when possible to and on 292 behalf of the state attorneys and public defenders of Florida, 293 the capital collateral regional counsel of Florida, the criminal 294 conflict and civil regional counsel, and the Guardian Ad Litem 295 Program. 296 (6)The commission, each state attorney, each public 297 defender, the criminal conflict and civil regional counsel, the 298 capital collateral regional counsel, and the Guardian Ad Litem 299 Program shall establish and maintain internal controls designed 300 to: 301 (a)Prevent and detect fraud, waste, and abuse as defined 302 in s. 11.45(1). 303 (b)Promote and encourage compliance with applicable laws, 304 rules, contracts, grant agreements, and best practices. 305 (c)Support economical and efficient operations. 306 (d)Ensure reliability of financial records and reports. 307 (e)Safeguard assets. 308 (7)The provisions contained in this section shall be 309 supplemental to those of chapter 27, relating to state 310 attorneys, public defenders, and criminal conflict and civil 311 regional counsel, and capital collateral regional counsel; to 312 those of chapter 39, relating to the Guardian Ad Litem Program; 313 or to other laws pertaining hereto. 314 Section 10.Paragraph (e) of subsection (13) of section 315 112.0455, Florida Statutes, is amended to read: 316 112.0455Drug-Free Workplace Act. 317 (13)RULES. 318 (e)The Justice Administrative Commission may adopt rules 319 on behalf of the state attorneys and public defenders of 320 Florida, the capital collateral regional counsel, and the 321 Judicial Qualifications Commission. 322 323 This section shall not be construed to eliminate the bargainable 324 rights as provided in the collective bargaining process where 325 applicable. 326 Section 11.Paragraph (d) of subsection (1) of section 327 119.071, Florida Statutes, is amended to read: 328 119.071General exemptions from inspection or copying of 329 public records. 330 (1)AGENCY ADMINISTRATION. 331 (d)1.A public record that was prepared by an agency 332 attorney (including an attorney employed or retained by the 333 agency or employed or retained by another public officer or 334 agency to protect or represent the interests of the agency 335 having custody of the record) or prepared at the attorneys 336 express direction, that reflects a mental impression, 337 conclusion, litigation strategy, or legal theory of the attorney 338 or the agency, and that was prepared exclusively for civil or 339 criminal litigation or for adversarial administrative 340 proceedings, or that was prepared in anticipation of imminent 341 civil or criminal litigation or imminent adversarial 342 administrative proceedings, is exempt from s. 119.07(1) and s. 343 24(a), Art. I of the State Constitution until the conclusion of 344 the litigation or adversarial administrative proceedings. For 345 purposes of capital collateral litigation as set forth in s. 346 27.7001, the Attorney Generals office is entitled to claim this 347 exemption for those public records prepared for direct appeal as 348 well as for all capital collateral litigation after direct 349 appeal until execution of sentence or imposition of a life 350 sentence. 351 2.This exemption is not waived by the release of such 352 public record to another public employee or officer of the same 353 agency or any person consulted by the agency attorney. When 354 asserting the right to withhold a public record pursuant to this 355 paragraph, the agency shall identify the potential parties to 356 any such criminal or civil litigation or adversarial 357 administrative proceedings. If a court finds that the document 358 or other record has been improperly withheld under this 359 paragraph, the party seeking access to such document or record 360 shall be awarded reasonable attorneys fees and costs in 361 addition to any other remedy ordered by the court. 362 Section 12.Subsection (6) of section 186.003, Florida 363 Statutes, is amended to read: 364 186.003Definitions; ss. 186.001-186.031, 186.801-186.901. 365 As used in ss. 186.001-186.031 and 186.801-186.901, the term: 366 (6)State agency or agency means any official, officer, 367 commission, board, authority, council, committee, or department 368 of the executive branch of state government. For purposes of 369 this chapter, state agency or agency includes state 370 attorneys, public defenders, the capital collateral regional 371 counsel, the Justice Administrative Commission, and the Public 372 Service Commission. 373 Section 13.Paragraph (b) of subsection (2) of section 374 215.89, Florida Statutes, is amended to read: 375 215.89Charts of account. 376 (2)DEFINITIONS.As used in this section, the term: 377 (b)State agency means an official, officer, commission, 378 board, authority, council, committee, or department of the 379 executive branch; a state attorney, public defender, or criminal 380 conflict and civil regional counsel, or capital collateral 381 regional counsel; the Florida Clerks of Court Operations 382 Corporation; the Justice Administrative Commission; the Florida 383 Housing Finance Corporation; the Florida Public Service 384 Commission; the State Board of Administration; the Supreme Court 385 or a district court of appeal, circuit court, or county court; 386 or the Judicial Qualifications Commission. 387 Section 14.Paragraph (h) of subsection (14) of section 388 215.985, Florida Statutes, is amended to read: 389 215.985Transparency in government spending. 390 (14)The Chief Financial Officer shall establish and 391 maintain a secure contract tracking system available for viewing 392 and downloading by the public through a secure website. The 393 Chief Financial Officer shall use appropriate Internet security 394 measures to ensure that no person has the ability to alter or 395 modify records available on the website. 396 (h)For purposes of this subsection, the term: 397 1.Procurement document means any document or material 398 provided to the public or any vendor as part of a formal 399 competitive solicitation of goods or services undertaken by a 400 state entity, and a document or material submitted in response 401 to a formal competitive solicitation by any vendor who is 402 awarded the resulting contract. 403 2.State entity means an official, officer, commission, 404 board, authority, council, committee, or department of the 405 executive branch of state government; a state attorney, public 406 defender, criminal conflict and civil regional counsel, capital 407 collateral regional counsel, and the Justice Administrative 408 Commission; the Public Service Commission; and any part of the 409 judicial branch of state government. 410 Section 15.Paragraph (qq) of subsection (1) of section 411 216.011, Florida Statutes, is amended to read: 412 216.011Definitions. 413 (1)For the purpose of fiscal affairs of the state, 414 appropriations acts, legislative budgets, and approved budgets, 415 each of the following terms has the meaning indicated: 416 (qq)State agency or agency means any official, 417 officer, commission, board, authority, council, committee, or 418 department of the executive branch of state government. For 419 purposes of this chapter and chapter 215, state agency or 420 agency includes, but is not limited to, state attorneys, 421 public defenders, criminal conflict and civil regional counsel, 422 capital collateral regional counsel, the Justice Administrative 423 Commission, the Florida Housing Finance Corporation, and the 424 Florida Public Service Commission. Solely for the purposes of 425 implementing s. 19(h), Art. III of the State Constitution, the 426 terms state agency or agency include the judicial branch. 427 Section 16.Subsection (3) of section 790.25, Florida 428 Statutes, is amended to read: 429 790.25Lawful ownership, possession, and use of firearms 430 and other weapons. 431 (3)LAWFUL USES.The provisions of ss. 790.053 and 790.06 432 do not apply in the following instances, and, despite such 433 sections, it is lawful for the following persons to own, 434 possess, and lawfully use firearms and other weapons, 435 ammunition, and supplies for lawful purposes: 436 (a)Members of the Militia, National Guard, Florida State 437 Defense Force, Army, Navy, Air Force, Marine Corps, Coast Guard, 438 organized reserves, and other armed forces of the state and of 439 the United States, when on duty, when training or preparing 440 themselves for military duty, or while subject to recall or 441 mobilization; 442 (b)Citizens of this state subject to duty in the Armed 443 Forces under s. 2, Art. X of the State Constitution, under 444 chapters 250 and 251, and under federal laws, when on duty or 445 when training or preparing themselves for military duty; 446 (c)Persons carrying out or training for emergency 447 management duties under chapter 252; 448 (d)Sheriffs, marshals, prison or jail wardens, police 449 officers, Florida highway patrol officers, game wardens, revenue 450 officers, forest officials, special officers appointed under the 451 provisions of chapter 354, and other peace and law enforcement 452 officers and their deputies and assistants and full-time paid 453 peace officers of other states and of the Federal Government who 454 are carrying out official duties while in this state; 455 (e)Officers or employees of the state or United States 456 duly authorized to carry a concealed weapon; 457 (f)Guards or messengers of common carriers, express 458 companies, armored car carriers, mail carriers, banks, and other 459 financial institutions, while actually employed in and about the 460 shipment, transportation, or delivery of any money, treasure, 461 bullion, bonds, or other thing of value within this state; 462 (g)Regularly enrolled members of any organization duly 463 authorized to purchase or receive weapons from the United States 464 or from this state, or regularly enrolled members of clubs 465 organized for target, skeet, or trap shooting, while at or going 466 to or from shooting practice; or regularly enrolled members of 467 clubs organized for modern or antique firearms collecting, while 468 such members are at or going to or from their collectors gun 469 shows, conventions, or exhibits; 470 (h)A person engaged in fishing, camping, or lawful hunting 471 or going to or returning from a fishing, camping, or lawful 472 hunting expedition; 473 (i)A person engaged in the business of manufacturing, 474 repairing, or dealing in firearms, or the agent or 475 representative of any such person while engaged in the lawful 476 course of such business; 477 (j)A person firing weapons for testing or target practice 478 under safe conditions and in a safe place not prohibited by law 479 or going to or from such place; 480 (k)A person firing weapons in a safe and secure indoor 481 range for testing and target practice; 482 (l)A person traveling by private conveyance when the 483 weapon is securely encased or in a public conveyance when the 484 weapon is securely encased and not in the persons manual 485 possession; 486 (m)A person while carrying a pistol unloaded and in a 487 secure wrapper, concealed or otherwise, from the place of 488 purchase to his or her home or place of business or to a place 489 of repair or back to his or her home or place of business; 490 (n)A person possessing arms at his or her home or place of 491 business; 492 (o)Investigators employed by the several public defenders 493 of the state, while actually carrying out official duties, 494 provided such investigators: 495 1.Are employed full time; 496 2.Meet the official training standards for firearms 497 established by the Criminal Justice Standards and Training 498 Commission as provided in s. 943.12(5) and the requirements of 499 ss. 493.6108(1)(a) and 943.13(1)-(4); and 500 3.Are individually designated by an affidavit of consent 501 signed by the employing public defender and filed with the clerk 502 of the circuit court in the county in which the employing public 503 defender resides; and. 504 (p)Investigators employed by the capital collateral 505 regional counsel, while actually carrying out official duties, 506 provided such investigators: 507 1.Are employed full time; 508 2.Meet the official training standards for firearms as 509 established by the Criminal Justice Standards and Training 510 Commission as provided in s. 943.12(1) and the requirements of 511 ss. 493.6108(1)(a) and 943.13(1)-(4); and 512 3.Are individually designated by an affidavit of consent 513 signed by the capital collateral regional counsel and filed with 514 the clerk of the circuit court in the county in which the 515 investigator is headquartered. 516 (p)(q)1.A tactical medical professional who is actively 517 operating in direct support of a tactical operation by a law 518 enforcement agency provided that: 519 a.The tactical medical professional is lawfully able to 520 possess firearms and has an active concealed weapons permit 521 issued pursuant to s. 790.06. 522 b.The tactical medical professional is appointed to a law 523 enforcement tactical team of a law enforcement agency by the 524 head of the law enforcement agency. 525 c.The law enforcement agency has an established policy 526 providing for the appointment, training, and deployment of the 527 tactical medical professional. 528 d.The tactical medical professional successfully completes 529 a firearms safety training and tactical training as established 530 or designated by the appointing law enforcement agency. 531 e.The law enforcement agency provides and the tactical 532 medical professional participates in annual firearm training and 533 tactical training. 534 2.While actively operating in direct support of a tactical 535 operation by a law enforcement agency, a tactical medical 536 professional: 537 a.May carry a firearm in the same manner as a law 538 enforcement officer, as defined in s. 943.10 and, 539 notwithstanding any other law, at any place a tactical law 540 enforcement operation occurs. 541 b.Has no duty to retreat and is justified in the use of 542 any force which he or she reasonably believes is necessary to 543 defend himself or herself or another from bodily harm. 544 c.Has the same immunities and privileges as a law 545 enforcement officer, as defined in s. 943.10, in a civil or 546 criminal action arising out of a tactical law enforcement 547 operation when acting within the scope of his or her official 548 duties. 549 3.This paragraph may not be construed to authorize a 550 tactical medical professional to carry, transport, or store any 551 firearm or ammunition on any fire apparatus or EMS vehicle. 552 4.The appointing law enforcement agency shall issue any 553 firearm or ammunition that the tactical medical professional 554 carries in accordance with this paragraph. 555 5.For the purposes of this paragraph, the term tactical 556 medical professional means a paramedic, as defined in s. 557 401.23, a physician, as defined in s. 458.305, or an osteopathic 558 physician, as defined in s. 459.003, who is appointed to provide 559 direct support to a tactical law enforcement unit by providing 560 medical services at high-risk incidents, including, but not 561 limited to, hostage incidents, narcotics raids, hazardous 562 surveillance, sniper incidents, armed suicidal persons, 563 barricaded suspects, high-risk felony warrant service, fugitives 564 refusing to surrender, and active shooter incidents. 565 Section 17.Subsection (1) of section 775.15, Florida 566 Statutes, is amended to read: 567 775.15Time limitations; general time limitations; 568 exceptions. 569 (1)A prosecution for a capital felony, a life felony, or a 570 felony that resulted in a death may be commenced at any time. If 571 the death penalty is held to be unconstitutional by the Florida 572 Supreme Court or the United States Supreme Court, all crimes 573 designated as capital felonies shall be considered life felonies 574 for the purposes of this section, and prosecution for such 575 crimes may be commenced at any time. 576 Section 18.Subsection (4) of section 790.161, Florida 577 Statutes, is amended to read: 578 790.161Making, possessing, throwing, projecting, placing, 579 or discharging any destructive device or attempt so to do, 580 felony; penalties.A person who willfully and unlawfully makes, 581 possesses, throws, projects, places, discharges, or attempts to 582 make, possess, throw, project, place, or discharge any 583 destructive device: 584 (4)If the act results in the death of another person, 585 commits a capital felony, punishable as provided in s. 775.082. 586 In the event the death penalty in a capital felony is held to be 587 unconstitutional by the Florida Supreme Court or the United 588 States Supreme Court, the court having jurisdiction over a 589 person previously sentenced to death for a capital felony shall 590 cause such person to be brought before the court, and the court 591 shall sentence such person to life imprisonment if convicted of 592 murder in the first degree or of a capital felony under this 593 subsection, and such person shall be ineligible for parole. No 594 sentence of death shall be reduced as a result of a 595 determination that a method of execution is held to be 596 unconstitutional under the State Constitution or the 597 Constitution of the United States. 598 Section 19.Sections 913.13, 921.137, 921.141, and 921.142, 599 Florida Statutes, are repealed. 600 Section 20.Subsection (9) of section 394.912, Florida 601 Statutes, is amended to read: 602 394.912Definitions.As used in this part, the term: 603 (9)Sexually violent offense means: 604 (a)Murder of a human being while engaged in sexual battery 605 in violation of s. 782.04(1)(b) s. 782.04(1)(a)2.; 606 (b)Kidnapping of a child under the age of 13 and, in the 607 course of that offense, committing: 608 1.Sexual battery; or 609 2.A lewd, lascivious, or indecent assault or act upon or 610 in the presence of the child; 611 (c)Committing the offense of false imprisonment upon a 612 child under the age of 13 and, in the course of that offense, 613 committing: 614 1.Sexual battery; or 615 2.A lewd, lascivious, or indecent assault or act upon or 616 in the presence of the child; 617 (d)Sexual battery in violation of s. 794.011; 618 (e)Lewd, lascivious, or indecent assault or act upon or in 619 presence of the child in violation of s. 800.04 or s. 620 847.0135(5); 621 (f)An attempt, criminal solicitation, or conspiracy, in 622 violation of s. 777.04, of a sexually violent offense; 623 (g)Any conviction for a felony offense in effect at any 624 time before October 1, 1998, which is comparable to a sexually 625 violent offense under paragraphs (a)-(f) or any federal 626 conviction or conviction in another state for a felony offense 627 that in this state would be a sexually violent offense; 628 (h)Any criminal act that, either at the time of sentencing 629 for the offense or subsequently during civil commitment 630 proceedings under this part, has been determined beyond a 631 reasonable doubt to have been sexually motivated; or 632 (i)A criminal offense in which the state attorney refers a 633 person to the department for civil commitment proceedings 634 pursuant to s. 394.9125. 635 Section 21.Paragraph (c) of subsection (5) of section 636 775.021, Florida Statutes, is amended to read: 637 775.021Rules of construction. 638 (5)Whoever commits an act that violates a provision of 639 this code or commits a criminal offense defined by another 640 statute and thereby causes the death of, or bodily injury to, an 641 unborn child commits a separate offense if the provision or 642 statute does not otherwise specifically provide a separate 643 offense for such death or injury to an unborn child. 644 (c)Notwithstanding any other provision of law, the death 645 penalty may not be imposed for an offense under this subsection. 646 Section 22.Subsection (2) of section 775.30, Florida 647 Statutes, is amended to read: 648 775.30Terrorism; defined; penalties. 649 (2)A person who violates s. 782.04(1)(a) s. 782.04(1)(a)1. 650 or (2), s. 782.065, s. 782.07(1), s. 782.09, s. 784.045, s. 651 784.07, s. 787.01, s. 787.02, s. 787.07, s. 790.115, s. 790.15, 652 s. 790.16, s. 790.161, s. 790.1615, s. 790.162, s. 790.166, s. 653 790.19, s. 806.01, s. 806.031, s. 806.111, s. 815.06, s. 654 815.061, s. 859.01, or s. 876.34, in furtherance of intimidating 655 or coercing the policy of a government, or in furtherance of 656 affecting the conduct of a government by mass destruction, 657 assassination, or kidnapping, commits the crime of terrorism, a 658 felony of the first degree, punishable as provided in s. 659 775.082, s. 775.083, or s. 775.084. 660 Section 23.Subsection (1) of section 782.04, Florida 661 Statutes, is amended to read: 662 782.04Murder. 663 (1)(a)The unlawful killing of a human being: 664 (a)1.When perpetrated from a premeditated design to effect 665 the death of the person killed or any human being; 666 (b)2.When committed by a person engaged in the 667 perpetration of, or in the attempt to perpetrate, any: 668 1.a.Trafficking offense prohibited by s. 893.135(1), 669 2.b.Arson, 670 3.c.Sexual battery, 671 4.d.Robbery, 672 5.e.Burglary, 673 6.f.Kidnapping, 674 7.g.Escape, 675 8.h.Aggravated child abuse, 676 9.i.Aggravated abuse of an elderly person or disabled 677 adult, 678 10.j.Aircraft piracy, 679 11.k.Unlawful throwing, placing, or discharging of a 680 destructive device or bomb, 681 12.l.Carjacking, 682 13.m.Home-invasion robbery, 683 14.n.Aggravated stalking, 684 15.o.Murder of another human being, 685 16.p.Resisting an officer with violence to his or her 686 person, 687 17.q.Aggravated fleeing or eluding with serious bodily 688 injury or death, 689 18.r.Felony that is an act of terrorism or is in 690 furtherance of an act of terrorism, including a felony under s. 691 775.30, s. 775.32, s. 775.33, s. 775.34, or s. 775.35, or 692 19.s.Human trafficking; or 693 (c)3.Which resulted from the unlawful distribution by a 694 person 18 years of age or older of any of the following 695 substances, or mixture containing any of the following 696 substances, when such substance or mixture is proven to be the 697 proximate cause of the death of the user: 698 1.a.A substance controlled under s. 893.03(1); 699 2.b.Cocaine, as described in s. 893.03(2)(a)4.; 700 3.c.Opium or any synthetic or natural salt, compound, 701 derivative, or preparation of opium; 702 4.d.Methadone; 703 5.e.Alfentanil, as described in s. 893.03(2)(b)1.; 704 6.f.Carfentanil, as described in s. 893.03(2)(b)6.; 705 7.g.Fentanyl, as described in s. 893.03(2)(b)9.; 706 8.h.Sufentanil, as described in s. 893.03(2)(b)30.; or 707 9.i.A controlled substance analog, as described in s. 708 893.0356, of any substance specified in subparagraphs 1.-8. sub 709 subparagraphs a.-h., 710 711 is murder in the first degree and constitutes a capital felony, 712 punishable as provided in s. 775.082. 713 (b)In all cases under this section, the procedure set 714 forth in s. 921.141 shall be followed in order to determine 715 sentence of death or life imprisonment. If the prosecutor 716 intends to seek the death penalty, the prosecutor must give 717 notice to the defendant and file the notice with the court 718 within 45 days after arraignment. The notice must contain a list 719 of the aggravating factors the state intends to prove and has 720 reason to believe it can prove beyond a reasonable doubt. The 721 court may allow the prosecutor to amend the notice upon a 722 showing of good cause. 723 Section 24.Section 782.065, Florida Statutes, is amended 724 to read: 725 782.065Murder; law enforcement officer, correctional 726 officer, correctional probation officer.Notwithstanding ss. 727 775.082, 775.0823, 782.04, 782.051, and chapter 921, a defendant 728 shall be sentenced to life imprisonment without eligibility for 729 release upon findings by the trier of fact that, beyond a 730 reasonable doubt: 731 (1)The defendant committed murder in the first degree in 732 violation of s. 782.04(1) and a death sentence was not imposed; 733 murder in the second or third degree in violation of s. 734 782.04(2), (3), or (4); attempted murder in the first or second 735 degree in violation of s. 782.04(1)(a) s. 782.04(1)(a)1. or (2); 736 or attempted felony murder in violation of s. 782.051; and 737 (2)The victim of any offense described in subsection (1) 738 was a law enforcement officer, part-time law enforcement 739 officer, auxiliary law enforcement officer, correctional 740 officer, part-time correctional officer, auxiliary correctional 741 officer, correctional probation officer, part-time correctional 742 probation officer, or auxiliary correctional probation officer, 743 as those terms are defined in s. 943.10, engaged in the lawful 744 performance of a legal duty. 745 Section 25.Paragraph (a) of subsection (2) of section 746 794.011, Florida Statutes, is amended to read: 747 794.011Sexual battery. 748 (2)(a)A person 18 years of age or older who commits sexual 749 battery upon, or in an attempt to commit sexual battery injures 750 the sexual organs of, a person less than 12 years of age commits 751 a capital felony, punishable as provided in s. 775.082 ss. 752 775.082 and 921.141. 753 Section 26.Paragraphs (b) through (l) and paragraph (n) of 754 subsection (1) of section 893.135, Florida Statutes, are amended 755 to read: 756 893.135Trafficking; mandatory sentences; suspension or 757 reduction of sentences; conspiracy to engage in trafficking. 758 (1)Except as authorized in this chapter or in chapter 499 759 and notwithstanding the provisions of s. 893.13: 760 (b)1.Any person who knowingly sells, purchases, 761 manufactures, delivers, or brings into this state, or who is 762 knowingly in actual or constructive possession of, 28 grams or 763 more of cocaine, as described in s. 893.03(2)(a)4., or of any 764 mixture containing cocaine, but less than 150 kilograms of 765 cocaine or any such mixture, commits a felony of the first 766 degree, which felony shall be known as trafficking in cocaine, 767 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 768 If the quantity involved: 769 a.Is 28 grams or more, but less than 200 grams, such 770 person shall be sentenced to a mandatory minimum term of 771 imprisonment of 3 years, and the defendant shall be ordered to 772 pay a fine of $50,000. 773 b.Is 200 grams or more, but less than 400 grams, such 774 person shall be sentenced to a mandatory minimum term of 775 imprisonment of 7 years, and the defendant shall be ordered to 776 pay a fine of $100,000. 777 c.Is 400 grams or more, but less than 150 kilograms, such 778 person shall be sentenced to a mandatory minimum term of 779 imprisonment of 15 calendar years and pay a fine of $250,000. 780 2.Any person who knowingly sells, purchases, manufactures, 781 delivers, or brings into this state, or who is knowingly in 782 actual or constructive possession of, 150 kilograms or more of 783 cocaine, as described in s. 893.03(2)(a)4., commits the first 784 degree felony of trafficking in cocaine. A person who has been 785 convicted of the first degree felony of trafficking in cocaine 786 under this subparagraph shall be punished by life imprisonment 787 and is ineligible for any form of discretionary early release 788 except pardon or executive clemency or conditional medical 789 release under s. 947.149. However, if the court determines that, 790 in addition to committing any act specified in this paragraph: 791 a.The person intentionally killed an individual or 792 counseled, commanded, induced, procured, or caused the 793 intentional killing of an individual and such killing was the 794 result; or 795 b.The persons conduct in committing that act led to a 796 natural, though not inevitable, lethal result, 797 798 such person commits the capital felony of trafficking in 799 cocaine, punishable as provided in s. 775.082 ss. 775.082 and 800 921.142. Any person sentenced for a capital felony under this 801 paragraph shall also be sentenced to pay the maximum fine 802 provided under subparagraph 1. 803 3.Any person who knowingly brings into this state 300 804 kilograms or more of cocaine, as described in s. 893.03(2)(a)4., 805 and who knows that the probable result of such importation would 806 be the death of any person, commits capital importation of 807 cocaine, a capital felony punishable as provided in s. 775.082 808 ss. 775.082 and 921.142. Any person sentenced for a capital 809 felony under this paragraph shall also be sentenced to pay the 810 maximum fine provided under subparagraph 1. 811 (c)1.A person who knowingly sells, purchases, 812 manufactures, delivers, or brings into this state, or who is 813 knowingly in actual or constructive possession of, 4 grams or 814 more of any morphine, opium, hydromorphone, or any salt, 815 derivative, isomer, or salt of an isomer thereof, including 816 heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or 817 (3)(c)4., or 4 grams or more of any mixture containing any such 818 substance, but less than 30 kilograms of such substance or 819 mixture, commits a felony of the first degree, which felony 820 shall be known as trafficking in illegal drugs, punishable as 821 provided in s. 775.082, s. 775.083, or s. 775.084. If the 822 quantity involved: 823 a.Is 4 grams or more, but less than 14 grams, such person 824 shall be sentenced to a mandatory minimum term of imprisonment 825 of 3 years and shall be ordered to pay a fine of $50,000. 826 b.Is 14 grams or more, but less than 28 grams, such person 827 shall be sentenced to a mandatory minimum term of imprisonment 828 of 15 years and shall be ordered to pay a fine of $100,000. 829 c.Is 28 grams or more, but less than 30 kilograms, such 830 person shall be sentenced to a mandatory minimum term of 831 imprisonment of 25 years and shall be ordered to pay a fine of 832 $500,000. 833 2.A person who knowingly sells, purchases, manufactures, 834 delivers, or brings into this state, or who is knowingly in 835 actual or constructive possession of, 28 grams or more of 836 hydrocodone, as described in s. 893.03(2)(a)1.k., codeine, as 837 described in s. 893.03(2)(a)1.g., or any salt thereof, or 28 838 grams or more of any mixture containing any such substance, 839 commits a felony of the first degree, which felony shall be 840 known as trafficking in hydrocodone, punishable as provided in 841 s. 775.082, s. 775.083, or s. 775.084. If the quantity involved: 842 a.Is 28 grams or more, but less than 50 grams, such person 843 shall be sentenced to a mandatory minimum term of imprisonment 844 of 3 years and shall be ordered to pay a fine of $50,000. 845 b.Is 50 grams or more, but less than 100 grams, such 846 person shall be sentenced to a mandatory minimum term of 847 imprisonment of 7 years and shall be ordered to pay a fine of 848 $100,000. 849 c.Is 100 grams or more, but less than 300 grams, such 850 person shall be sentenced to a mandatory minimum term of 851 imprisonment of 15 years and shall be ordered to pay a fine of 852 $500,000. 853 d.Is 300 grams or more, but less than 30 kilograms, such 854 person shall be sentenced to a mandatory minimum term of 855 imprisonment of 25 years and shall be ordered to pay a fine of 856 $750,000. 857 3.A person who knowingly sells, purchases, manufactures, 858 delivers, or brings into this state, or who is knowingly in 859 actual or constructive possession of, 7 grams or more of 860 oxycodone, as described in s. 893.03(2)(a)1.q., or any salt 861 thereof, or 7 grams or more of any mixture containing any such 862 substance, commits a felony of the first degree, which felony 863 shall be known as trafficking in oxycodone, punishable as 864 provided in s. 775.082, s. 775.083, or s. 775.084. If the 865 quantity involved: 866 a.Is 7 grams or more, but less than 14 grams, such person 867 shall be sentenced to a mandatory minimum term of imprisonment 868 of 3 years and shall be ordered to pay a fine of $50,000. 869 b.Is 14 grams or more, but less than 25 grams, such person 870 shall be sentenced to a mandatory minimum term of imprisonment 871 of 7 years and shall be ordered to pay a fine of $100,000. 872 c.Is 25 grams or more, but less than 100 grams, such 873 person shall be sentenced to a mandatory minimum term of 874 imprisonment of 15 years and shall be ordered to pay a fine of 875 $500,000. 876 d.Is 100 grams or more, but less than 30 kilograms, such 877 person shall be sentenced to a mandatory minimum term of 878 imprisonment of 25 years and shall be ordered to pay a fine of 879 $750,000. 880 4.a.A person who knowingly sells, purchases, manufactures, 881 delivers, or brings into this state, or who is knowingly in 882 actual or constructive possession of, 4 grams or more of: 883 (I)Alfentanil, as described in s. 893.03(2)(b)1.; 884 (II)Carfentanil, as described in s. 893.03(2)(b)6.; 885 (III)Fentanyl, as described in s. 893.03(2)(b)9.; 886 (IV)Sufentanil, as described in s. 893.03(2)(b)30.; 887 (V)A fentanyl derivative, as described in s. 888 893.03(1)(a)62.; 889 (VI)A controlled substance analog, as described in s. 890 893.0356, of any substance described in sub-sub-subparagraphs 891 (I)-(V); or 892 (VII)A mixture containing any substance described in sub 893 sub-subparagraphs (I)-(VI), 894 895 commits a felony of the first degree, which felony shall be 896 known as trafficking in fentanyl, punishable as provided in s. 897 775.082, s. 775.083, or s. 775.084. 898 b.If the quantity involved under sub-subparagraph a.: 899 (I)Is 4 grams or more, but less than 14 grams, such person 900 shall be sentenced to a mandatory minimum term of imprisonment 901 of 3 years, and shall be ordered to pay a fine of $50,000. 902 (II)Is 14 grams or more, but less than 28 grams, such 903 person shall be sentenced to a mandatory minimum term of 904 imprisonment of 15 years, and shall be ordered to pay a fine of 905 $100,000. 906 (III)Is 28 grams or more, such person shall be sentenced 907 to a mandatory minimum term of imprisonment of 25 years, and 908 shall be ordered to pay a fine of $500,000. 909 5.A person who knowingly sells, purchases, manufactures, 910 delivers, or brings into this state, or who is knowingly in 911 actual or constructive possession of, 30 kilograms or more of 912 any morphine, opium, oxycodone, hydrocodone, codeine, 913 hydromorphone, or any salt, derivative, isomer, or salt of an 914 isomer thereof, including heroin, as described in s. 915 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or 916 more of any mixture containing any such substance, commits the 917 first degree felony of trafficking in illegal drugs. A person 918 who has been convicted of the first degree felony of trafficking 919 in illegal drugs under this subparagraph shall be punished by 920 life imprisonment and is ineligible for any form of 921 discretionary early release except pardon or executive clemency 922 or conditional medical release under s. 947.149. However, if the 923 court determines that, in addition to committing any act 924 specified in this paragraph: 925 a.The person intentionally killed an individual or 926 counseled, commanded, induced, procured, or caused the 927 intentional killing of an individual and such killing was the 928 result; or 929 b.The persons conduct in committing that act led to a 930 natural, though not inevitable, lethal result, 931 932 such person commits the capital felony of trafficking in illegal 933 drugs, punishable as provided in s. 775.082 ss. 775.082 and 934 921.142. A person sentenced for a capital felony under this 935 paragraph shall also be sentenced to pay the maximum fine 936 provided under subparagraph 1. 937 6.A person who knowingly brings into this state 60 938 kilograms or more of any morphine, opium, oxycodone, 939 hydrocodone, codeine, hydromorphone, or any salt, derivative, 940 isomer, or salt of an isomer thereof, including heroin, as 941 described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 942 60 kilograms or more of any mixture containing any such 943 substance, and who knows that the probable result of such 944 importation would be the death of a person, commits capital 945 importation of illegal drugs, a capital felony punishable as 946 provided in s. 775.082 ss. 775.082 and 921.142. A person 947 sentenced for a capital felony under this paragraph shall also 948 be sentenced to pay the maximum fine provided under subparagraph 949 1. 950 (d)1.Any person who knowingly sells, purchases, 951 manufactures, delivers, or brings into this state, or who is 952 knowingly in actual or constructive possession of, 28 grams or 953 more of phencyclidine, as described in s. 893.03(2)(b)23., a 954 substituted phenylcyclohexylamine, as described in s. 955 893.03(1)(c)195., or a substance described in s. 956 893.03(1)(c)13., 32., 38., 103., or 146., or of any mixture 957 containing phencyclidine, as described in s. 893.03(2)(b)23., a 958 substituted phenylcyclohexylamine, as described in s. 959 893.03(1)(c)195., or a substance described in s. 960 893.03(1)(c)13., 32., 38., 103., or 146., commits a felony of 961 the first degree, which felony shall be known as trafficking in 962 phencyclidine, punishable as provided in s. 775.082, s. 963 775.083, or s. 775.084. If the quantity involved: 964 a.Is 28 grams or more, but less than 200 grams, such 965 person shall be sentenced to a mandatory minimum term of 966 imprisonment of 3 years, and the defendant shall be ordered to 967 pay a fine of $50,000. 968 b.Is 200 grams or more, but less than 400 grams, such 969 person shall be sentenced to a mandatory minimum term of 970 imprisonment of 7 years, and the defendant shall be ordered to 971 pay a fine of $100,000. 972 c.Is 400 grams or more, such person shall be sentenced to 973 a mandatory minimum term of imprisonment of 15 calendar years 974 and pay a fine of $250,000. 975 2.Any person who knowingly brings into this state 800 976 grams or more of phencyclidine, as described in s. 977 893.03(2)(b)23., a substituted phenylcyclohexylamine, as 978 described in s. 893.03(1)(c)195., or a substance described in s. 979 893.03(1)(c)13., 32., 38., 103., or 146., or of any mixture 980 containing phencyclidine, as described in s. 893.03(2)(b)23., a 981 substituted phenylcyclohexylamine, as described in s. 982 893.03(1)(c)195., or a substance described in s. 983 893.03(1)(c)13., 32., 38., 103., or 146., and who knows that the 984 probable result of such importation would be the death of any 985 person commits capital importation of phencyclidine, a capital 986 felony punishable as provided in s. 775.082 ss. 775.082 and 987 921.142. Any person sentenced for a capital felony under this 988 paragraph shall also be sentenced to pay the maximum fine 989 provided under subparagraph 1. 990 (e)1.Any person who knowingly sells, purchases, 991 manufactures, delivers, or brings into this state, or who is 992 knowingly in actual or constructive possession of, 200 grams or 993 more of methaqualone or of any mixture containing methaqualone, 994 as described in s. 893.03(1)(d), commits a felony of the first 995 degree, which felony shall be known as trafficking in 996 methaqualone, punishable as provided in s. 775.082, s. 775.083, 997 or s. 775.084. If the quantity involved: 998 a.Is 200 grams or more, but less than 5 kilograms, such 999 person shall be sentenced to a mandatory minimum term of 1000 imprisonment of 3 years, and the defendant shall be ordered to 1001 pay a fine of $50,000. 1002 b.Is 5 kilograms or more, but less than 25 kilograms, such 1003 person shall be sentenced to a mandatory minimum term of 1004 imprisonment of 7 years, and the defendant shall be ordered to 1005 pay a fine of $100,000. 1006 c.Is 25 kilograms or more, such person shall be sentenced 1007 to a mandatory minimum term of imprisonment of 15 calendar years 1008 and pay a fine of $250,000. 1009 2.Any person who knowingly brings into this state 50 1010 kilograms or more of methaqualone or of any mixture containing 1011 methaqualone, as described in s. 893.03(1)(d), and who knows 1012 that the probable result of such importation would be the death 1013 of any person commits capital importation of methaqualone, a 1014 capital felony punishable as provided in s. 775.082 ss. 775.082 1015 and 921.142. Any person sentenced for a capital felony under 1016 this paragraph shall also be sentenced to pay the maximum fine 1017 provided under subparagraph 1. 1018 (f)1.Any person who knowingly sells, purchases, 1019 manufactures, delivers, or brings into this state, or who is 1020 knowingly in actual or constructive possession of, 14 grams or 1021 more of amphetamine, as described in s. 893.03(2)(c)2., or 1022 methamphetamine, as described in s. 893.03(2)(c)5., or of any 1023 mixture containing amphetamine or methamphetamine, or 1024 phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine 1025 in conjunction with other chemicals and equipment utilized in 1026 the manufacture of amphetamine or methamphetamine, commits a 1027 felony of the first degree, which felony shall be known as 1028 trafficking in amphetamine, punishable as provided in s. 1029 775.082, s. 775.083, or s. 775.084. If the quantity involved: 1030 a.Is 14 grams or more, but less than 28 grams, such person 1031 shall be sentenced to a mandatory minimum term of imprisonment 1032 of 3 years, and the defendant shall be ordered to pay a fine of 1033 $50,000. 1034 b.Is 28 grams or more, but less than 200 grams, such 1035 person shall be sentenced to a mandatory minimum term of 1036 imprisonment of 7 years, and the defendant shall be ordered to 1037 pay a fine of $100,000. 1038 c.Is 200 grams or more, such person shall be sentenced to 1039 a mandatory minimum term of imprisonment of 15 calendar years 1040 and pay a fine of $250,000. 1041 2.Any person who knowingly manufactures or brings into 1042 this state 400 grams or more of amphetamine, as described in s. 1043 893.03(2)(c)2., or methamphetamine, as described in s. 1044 893.03(2)(c)5., or of any mixture containing amphetamine or 1045 methamphetamine, or phenylacetone, phenylacetic acid, 1046 pseudoephedrine, or ephedrine in conjunction with other 1047 chemicals and equipment used in the manufacture of amphetamine 1048 or methamphetamine, and who knows that the probable result of 1049 such manufacture or importation would be the death of any person 1050 commits capital manufacture or importation of amphetamine, a 1051 capital felony punishable as provided in s. 775.082 ss. 775.082 1052 and 921.142. Any person sentenced for a capital felony under 1053 this paragraph shall also be sentenced to pay the maximum fine 1054 provided under subparagraph 1. 1055 (g)1.Any person who knowingly sells, purchases, 1056 manufactures, delivers, or brings into this state, or who is 1057 knowingly in actual or constructive possession of, 4 grams or 1058 more of flunitrazepam or any mixture containing flunitrazepam as 1059 described in s. 893.03(1)(a) commits a felony of the first 1060 degree, which felony shall be known as trafficking in 1061 flunitrazepam, punishable as provided in s. 775.082, s. 1062 775.083, or s. 775.084. If the quantity involved: 1063 a.Is 4 grams or more but less than 14 grams, such person 1064 shall be sentenced to a mandatory minimum term of imprisonment 1065 of 3 years, and the defendant shall be ordered to pay a fine of 1066 $50,000. 1067 b.Is 14 grams or more but less than 28 grams, such person 1068 shall be sentenced to a mandatory minimum term of imprisonment 1069 of 7 years, and the defendant shall be ordered to pay a fine of 1070 $100,000. 1071 c.Is 28 grams or more but less than 30 kilograms, such 1072 person shall be sentenced to a mandatory minimum term of 1073 imprisonment of 25 calendar years and pay a fine of $500,000. 1074 2.Any person who knowingly sells, purchases, manufactures, 1075 delivers, or brings into this state or who is knowingly in 1076 actual or constructive possession of 30 kilograms or more of 1077 flunitrazepam or any mixture containing flunitrazepam as 1078 described in s. 893.03(1)(a) commits the first degree felony of 1079 trafficking in flunitrazepam. A person who has been convicted of 1080 the first degree felony of trafficking in flunitrazepam under 1081 this subparagraph shall be punished by life imprisonment and is 1082 ineligible for any form of discretionary early release except 1083 pardon or executive clemency or conditional medical release 1084 under s. 947.149. However, if the court determines that, in 1085 addition to committing any act specified in this paragraph: 1086 a.The person intentionally killed an individual or 1087 counseled, commanded, induced, procured, or caused the 1088 intentional killing of an individual and such killing was the 1089 result; or 1090 b.The persons conduct in committing that act led to a 1091 natural, though not inevitable, lethal result, 1092 1093 such person commits the capital felony of trafficking in 1094 flunitrazepam, punishable as provided in s. 775.082 ss. 775.082 1095 and 921.142. Any person sentenced for a capital felony under 1096 this paragraph shall also be sentenced to pay the maximum fine 1097 provided under subparagraph 1. 1098 (h)1.Any person who knowingly sells, purchases, 1099 manufactures, delivers, or brings into this state, or who is 1100 knowingly in actual or constructive possession of, 1 kilogram or 1101 more of gamma-hydroxybutyric acid (GHB), as described in s. 1102 893.03(1)(d), or any mixture containing gamma-hydroxybutyric 1103 acid (GHB), commits a felony of the first degree, which felony 1104 shall be known as trafficking in gamma-hydroxybutyric acid 1105 (GHB), punishable as provided in s. 775.082, s. 775.083, or s. 1106 775.084. If the quantity involved: 1107 a.Is 1 kilogram or more but less than 5 kilograms, such 1108 person shall be sentenced to a mandatory minimum term of 1109 imprisonment of 3 years, and the defendant shall be ordered to 1110 pay a fine of $50,000. 1111 b.Is 5 kilograms or more but less than 10 kilograms, such 1112 person shall be sentenced to a mandatory minimum term of 1113 imprisonment of 7 years, and the defendant shall be ordered to 1114 pay a fine of $100,000. 1115 c.Is 10 kilograms or more, such person shall be sentenced 1116 to a mandatory minimum term of imprisonment of 15 calendar years 1117 and pay a fine of $250,000. 1118 2.Any person who knowingly manufactures or brings into 1119 this state 150 kilograms or more of gamma-hydroxybutyric acid 1120 (GHB), as described in s. 893.03(1)(d), or any mixture 1121 containing gamma-hydroxybutyric acid (GHB), and who knows that 1122 the probable result of such manufacture or importation would be 1123 the death of any person commits capital manufacture or 1124 importation of gamma-hydroxybutyric acid (GHB), a capital felony 1125 punishable as provided in s. 775.082 ss. 775.082 and 921.142. 1126 Any person sentenced for a capital felony under this paragraph 1127 shall also be sentenced to pay the maximum fine provided under 1128 subparagraph 1. 1129 (i)1.Any person who knowingly sells, purchases, 1130 manufactures, delivers, or brings into this state, or who is 1131 knowingly in actual or constructive possession of, 1 kilogram or 1132 more of gamma-butyrolactone (GBL), as described in s. 1133 893.03(1)(d), or any mixture containing gamma-butyrolactone 1134 (GBL), commits a felony of the first degree, which felony shall 1135 be known as trafficking in gamma-butyrolactone (GBL), 1136 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 1137 If the quantity involved: 1138 a.Is 1 kilogram or more but less than 5 kilograms, such 1139 person shall be sentenced to a mandatory minimum term of 1140 imprisonment of 3 years, and the defendant shall be ordered to 1141 pay a fine of $50,000. 1142 b.Is 5 kilograms or more but less than 10 kilograms, such 1143 person shall be sentenced to a mandatory minimum term of 1144 imprisonment of 7 years, and the defendant shall be ordered to 1145 pay a fine of $100,000. 1146 c.Is 10 kilograms or more, such person shall be sentenced 1147 to a mandatory minimum term of imprisonment of 15 calendar years 1148 and pay a fine of $250,000. 1149 2.Any person who knowingly manufactures or brings into the 1150 state 150 kilograms or more of gamma-butyrolactone (GBL), as 1151 described in s. 893.03(1)(d), or any mixture containing gamma 1152 butyrolactone (GBL), and who knows that the probable result of 1153 such manufacture or importation would be the death of any person 1154 commits capital manufacture or importation of gamma 1155 butyrolactone (GBL), a capital felony punishable as provided in 1156 s. 775.082 ss. 775.082 and 921.142. Any person sentenced for a 1157 capital felony under this paragraph shall also be sentenced to 1158 pay the maximum fine provided under subparagraph 1. 1159 (j)1.Any person who knowingly sells, purchases, 1160 manufactures, delivers, or brings into this state, or who is 1161 knowingly in actual or constructive possession of, 1 kilogram or 1162 more of 1,4-Butanediol as described in s. 893.03(1)(d), or of 1163 any mixture containing 1,4-Butanediol, commits a felony of the 1164 first degree, which felony shall be known as trafficking in 1165 1,4-Butanediol, punishable as provided in s. 775.082, s. 1166 775.083, or s. 775.084. If the quantity involved: 1167 a.Is 1 kilogram or more, but less than 5 kilograms, such 1168 person shall be sentenced to a mandatory minimum term of 1169 imprisonment of 3 years, and the defendant shall be ordered to 1170 pay a fine of $50,000. 1171 b.Is 5 kilograms or more, but less than 10 kilograms, such 1172 person shall be sentenced to a mandatory minimum term of 1173 imprisonment of 7 years, and the defendant shall be ordered to 1174 pay a fine of $100,000. 1175 c.Is 10 kilograms or more, such person shall be sentenced 1176 to a mandatory minimum term of imprisonment of 15 calendar years 1177 and pay a fine of $500,000. 1178 2.Any person who knowingly manufactures or brings into 1179 this state 150 kilograms or more of 1,4-Butanediol as described 1180 in s. 893.03(1)(d), or any mixture containing 1,4-Butanediol, 1181 and who knows that the probable result of such manufacture or 1182 importation would be the death of any person commits capital 1183 manufacture or importation of 1,4-Butanediol, a capital felony 1184 punishable as provided in s. 775.082 ss. 775.082 and 921.142. 1185 Any person sentenced for a capital felony under this paragraph 1186 shall also be sentenced to pay the maximum fine provided under 1187 subparagraph 1. 1188 (k)1.A person who knowingly sells, purchases, 1189 manufactures, delivers, or brings into this state, or who is 1190 knowingly in actual or constructive possession of, 10 grams or 1191 more of a: 1192 a.Substance described in s. 893.03(1)(c)4., 5., 10., 11., 1193 15., 17., 21.-27., 29., 39., 40.-45., 58., 72.-80., 81.-86., 1194 90.-102., 104.-108., 110.-113., 143.-145., 148.-150., 160.-163., 1195 165., or 187.-189., a substituted cathinone, as described in s. 1196 893.03(1)(c)191., or substituted phenethylamine, as described in 1197 s. 893.03(1)(c)192.; 1198 b.Mixture containing any substance described in sub 1199 subparagraph a.; or 1200 c.Salt, isomer, ester, or ether or salt of an isomer, 1201 ester, or ether of a substance described in sub-subparagraph a., 1202 1203 commits a felony of the first degree, which felony shall be 1204 known as trafficking in phenethylamines, punishable as 1205 provided in s. 775.082, s. 775.083, or s. 775.084. 1206 2.If the quantity involved under subparagraph 1.: 1207 a.Is 10 grams or more, but less than 200 grams, such 1208 person shall be sentenced to a mandatory minimum term of 1209 imprisonment of 3 years and shall be ordered to pay a fine of 1210 $50,000. 1211 b.Is 200 grams or more, but less than 400 grams, such 1212 person shall be sentenced to a mandatory minimum term of 1213 imprisonment of 7 years and shall be ordered to pay a fine of 1214 $100,000. 1215 c.Is 400 grams or more, such person shall be sentenced to 1216 a mandatory minimum term of imprisonment of 15 years and shall 1217 be ordered to pay a fine of $250,000. 1218 3.A person who knowingly manufactures or brings into this 1219 state 30 kilograms or more of a substance described in sub 1220 subparagraph 1.a., a mixture described in sub-subparagraph 1.b., 1221 or a salt, isomer, ester, or ether or a salt of an isomer, 1222 ester, or ether described in sub-subparagraph 1.c., and who 1223 knows that the probable result of such manufacture or 1224 importation would be the death of any person commits capital 1225 manufacture or importation of phenethylamines, a capital felony 1226 punishable as provided in s. 775.082 ss. 775.082 and 921.142. A 1227 person sentenced for a capital felony under this paragraph shall 1228 also be sentenced to pay the maximum fine under subparagraph 2. 1229 (l)1.Any person who knowingly sells, purchases, 1230 manufactures, delivers, or brings into this state, or who is 1231 knowingly in actual or constructive possession of, 1 gram or 1232 more of lysergic acid diethylamide (LSD) as described in s. 1233 893.03(1)(c), or of any mixture containing lysergic acid 1234 diethylamide (LSD), commits a felony of the first degree, which 1235 felony shall be known as trafficking in lysergic acid 1236 diethylamide (LSD), punishable as provided in s. 775.082, s. 1237 775.083, or s. 775.084. If the quantity involved: 1238 a.Is 1 gram or more, but less than 5 grams, such person 1239 shall be sentenced to a mandatory minimum term of imprisonment 1240 of 3 years, and the defendant shall be ordered to pay a fine of 1241 $50,000. 1242 b.Is 5 grams or more, but less than 7 grams, such person 1243 shall be sentenced to a mandatory minimum term of imprisonment 1244 of 7 years, and the defendant shall be ordered to pay a fine of 1245 $100,000. 1246 c.Is 7 grams or more, such person shall be sentenced to a 1247 mandatory minimum term of imprisonment of 15 calendar years and 1248 pay a fine of $500,000. 1249 2.Any person who knowingly manufactures or brings into 1250 this state 7 grams or more of lysergic acid diethylamide (LSD) 1251 as described in s. 893.03(1)(c), or any mixture containing 1252 lysergic acid diethylamide (LSD), and who knows that the 1253 probable result of such manufacture or importation would be the 1254 death of any person commits capital manufacture or importation 1255 of lysergic acid diethylamide (LSD), a capital felony punishable 1256 as provided in s. 775.082 ss. 775.082 and 921.142. Any person 1257 sentenced for a capital felony under this paragraph shall also 1258 be sentenced to pay the maximum fine provided under subparagraph 1259 1. 1260 (n)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, 14 grams or 1263 more of: 1264 a.A substance described in s. 893.03(1)(c)164., 174., or 1265 175., a n-benzyl phenethylamine compound, as described in s. 1266 893.03(1)(c)193.; or 1267 b.A mixture containing any substance described in sub 1268 subparagraph a., 1269 1270 commits a felony of the first degree, which felony shall be 1271 known as trafficking in n-benzyl phenethylamines, punishable 1272 as provided in s. 775.082, s. 775.083, or s. 775.084. 1273 2.If the quantity involved under subparagraph 1.: 1274 a.Is 14 grams or more, but less than 100 grams, such 1275 person shall be sentenced to a mandatory minimum term of 1276 imprisonment of 3 years, and the defendant shall be ordered to 1277 pay a fine of $50,000. 1278 b.Is 100 grams or more, but less than 200 grams, such 1279 person shall be sentenced to a mandatory minimum term of 1280 imprisonment of 7 years, and the defendant shall be ordered to 1281 pay a fine of $100,000. 1282 c.Is 200 grams or more, such person shall be sentenced to 1283 a mandatory minimum term of imprisonment of 15 years, and the 1284 defendant shall be ordered to pay a fine of $500,000. 1285 3.A person who knowingly manufactures or brings into this 1286 state 400 grams or more of a substance described in sub 1287 subparagraph 1.a. or a mixture described in sub-subparagraph 1288 1.b., and who knows that the probable result of such manufacture 1289 or importation would be the death of any person commits capital 1290 manufacture or importation of a n-benzyl phenethylamine 1291 compound, a capital felony punishable as provided in s. 775.082 1292 ss. 775.082 and 921.142. A person sentenced for a capital felony 1293 under this paragraph shall also be sentenced to pay the maximum 1294 fine under subparagraph 2. 1295 Section 27.Paragraph (e) of subsection (4) of section 1296 944.275, Florida Statutes, is amended to read: 1297 944.275Gain-time. 1298 (4) 1299 (e)Notwithstanding subparagraph (b)3., for sentences 1300 imposed for offenses committed on or after October 1, 2014, the 1301 department may not grant incentive gain-time if the offense is a 1302 violation of s. 782.04(1)(b)3. s. 782.04(1)(a)2.c.; s. 1303 787.01(3)(a)2. or 3.; s. 787.02(3)(a)2. or 3.; s. 794.011, 1304 excluding s. 794.011(10); s. 800.04; s. 825.1025; or s. 1305 847.0135(5). 1306 Section 28.Subsection (4) and paragraph (a) of subsection 1307 (5) of section 948.012, Florida Statutes, are amended to read: 1308 948.012Split sentence of probation or community control 1309 and imprisonment. 1310 (4)Effective for offenses committed on or after September 1311 1, 2005, the court must impose a split sentence pursuant to 1312 subsection (1) for any person who is convicted of a life felony 1313 for lewd and lascivious molestation pursuant to s. 800.04(5)(b) 1314 if the court imposes a term of years in accordance with s. 1315 775.082(2)(a)4.a.(II) s. 775.082(3)(a)4.a.(II) rather than life 1316 imprisonment. The probation or community control portion of the 1317 split sentence imposed by the court for a defendant must extend 1318 for the duration of the defendants natural life and include a 1319 condition that he or she be electronically monitored. 1320 (5)(a)Effective for offenses committed on or after October 1321 1, 2014, if the court imposes a term of years in accordance with 1322 s. 775.082 which is less than the maximum sentence for the 1323 offense, the court must impose a split sentence pursuant to 1324 subsection (1) for any person who is convicted of a violation 1325 of: 1326 1.Section 782.04(1)(b)3. 782.04(1)(a)2.c.; 1327 2.Section 787.01(3)(a)2. or 3.; 1328 3.Section 787.02(3)(a)2. or 3.; 1329 4.Section 794.011, excluding s. 794.011(10); 1330 5.Section 800.04; 1331 6.Section 825.1025; or 1332 7.Section 847.0135(5). 1333 Section 29.Sections 922.052, 922.06, 922.07, 922.08, 1334 922.095, 922.10, 922.105, 922.108, 922.11, 922.111, 922.12, 1335 922.14, 922.15, 924.055, 924.056, and 924.057, Florida Statutes, 1336 are repealed. 1337 Section 30.Subsection (4) of section 925.11, Florida 1338 Statutes, is amended to read: 1339 925.11Postsentencing DNA testing. 1340 (4)PRESERVATION OF EVIDENCE. 1341 (a)Governmental entities that may be in possession of any 1342 physical evidence in the case, including, but not limited to, 1343 any investigating law enforcement agency, the clerk of the 1344 court, the prosecuting authority, or the Department of Law 1345 Enforcement shall maintain any physical evidence collected at 1346 the time of the crime for which a postsentencing testing of DNA 1347 may be requested. 1348 (b)In a case in which the death penalty is imposed, the 1349 evidence shall be maintained for 60 days after execution of the 1350 sentence. In all other cases, a governmental entity may dispose 1351 of the physical evidence if the term of the sentence imposed in 1352 the case has expired and no other provision of law or rule 1353 requires that the physical evidence be preserved or retained. 1354 Section 31.Paragraph (g) of subsection (1) and subsection 1355 (2) of section 945.10, Florida Statutes, are amended to read: 1356 945.10Confidential information. 1357 (1)Except as otherwise provided by law or in this section, 1358 the following records and information held by the Department of 1359 Corrections are confidential and exempt from the provisions of 1360 s. 119.07(1) and s. 24(a), Art. I of the State Constitution: 1361 (g)Information which identifies an executioner, or any 1362 person prescribing, preparing, compounding, dispensing, or 1363 administering a lethal injection. 1364 (2)The records and information specified in paragraphs 1365 (1)(a)-(h) (1)(a)-(i) may be released as follows unless 1366 expressly prohibited by federal law: 1367 (a)Information specified in paragraphs (1)(b), (d), and 1368 (f) to the Executive Office of the Governor, the Legislature, 1369 the Florida Commission on Offender Review, the Department of 1370 Children and Families, a private correctional facility or 1371 program that operates under a contract, the Department of Legal 1372 Affairs, a state attorney, the court, or a law enforcement 1373 agency. A request for records or information pursuant to this 1374 paragraph need not be in writing. 1375 (b)Information specified in paragraphs (1)(c), (e), and 1376 (h) (i) to the Executive Office of the Governor, the 1377 Legislature, the Florida Commission on Offender Review, the 1378 Department of Children and Families, a private correctional 1379 facility or program that operates under contract, the Department 1380 of Legal Affairs, a state attorney, the court, or a law 1381 enforcement agency. A request for records or information 1382 pursuant to this paragraph must be in writing and a statement 1383 provided demonstrating a need for the records or information. 1384 (c)Information specified in paragraph (1)(b) to an 1385 attorney representing an inmate under sentence of death, except 1386 those portions of the records containing a victims statement or 1387 address, or the statement or address of a relative of the 1388 victim. A request for records of information pursuant to this 1389 paragraph must be in writing and a statement provided 1390 demonstrating a need for the records or information. 1391 (d)Information specified in paragraph (1)(b) to a public 1392 defender representing a defendant, except those portions of the 1393 records containing a victims statement or address, or the 1394 statement or address of a relative of the victim. A request for 1395 records or information pursuant to this paragraph need not be in 1396 writing. 1397 (e)Information specified in paragraph (1)(b) to state or 1398 local governmental agencies. A request for records or 1399 information pursuant to this paragraph must be in writing and a 1400 statement provided demonstrating a need for the records or 1401 information. 1402 (f)Information specified in paragraph (1)(b) to a person 1403 conducting legitimate research. A request for records and 1404 information pursuant to this paragraph must be in writing, the 1405 person requesting the records or information must sign a 1406 confidentiality agreement, and the department must approve the 1407 request in writing. 1408 (g)Protected health information and records specified in 1409 paragraphs (1)(a) and (g) (h) to the Department of Health and 1410 the county health department where an inmate plans to reside if 1411 he or she has tested positive for the presence of the antibody 1412 or antigen to human immunodeficiency virus infection or as 1413 authorized in s. 381.004. 1414 (h)Protected health information and mental health, 1415 medical, or substance abuse records specified in paragraph 1416 (1)(a) to the Executive Office of the Governor, the Correctional 1417 Medical Authority, and the Department of Health for health care 1418 oversight activities authorized by state or federal law, 1419 including audits; civil, administrative, or criminal 1420 investigations; or inspections relating to the provision of 1421 health services, in accordance with 45 C.F.R. part 164, subpart 1422 E. 1423 (i)Protected health information and mental health, 1424 medical, or substance abuse records specified in paragraph 1425 (1)(a) to a state attorney, a state court, or a law enforcement 1426 agency conducting an ongoing criminal investigation, if the 1427 inmate agrees to the disclosure and provides written consent or, 1428 if the inmate refuses to provide written consent, in response to 1429 an order of a court of competent jurisdiction, a subpoena, 1430 including a grand jury, investigative, or administrative 1431 subpoena, a court-ordered warrant, or a statutorily authorized 1432 investigative demand or other process as authorized by law, in 1433 accordance with 45 C.F.R. part 164, subpart E, provided that: 1434 1.The protected health information and records sought are 1435 relevant and material to a legitimate law enforcement inquiry; 1436 2.There is a clear connection between the investigated 1437 incident and the inmate whose protected health information and 1438 records are sought; 1439 3.The request is specific and limited in scope to the 1440 extent reasonably practicable in light of the purpose for which 1441 the information or records are sought; and 1442 4.Deidentified information could not reasonably be used. 1443 (j)Protected health information and mental health, 1444 medical, or substance abuse records specified in paragraph 1445 (1)(a) of an inmate who is or is suspected of being the victim 1446 of a crime, to a state attorney or a law enforcement agency if 1447 the inmate agrees to the disclosure and provides written consent 1448 or if the inmate is unable to agree because of incapacity or 1449 other emergency circumstance, in accordance with 45 C.F.R. part 1450 164, subpart E, provided that: 1451 1.Such protected health information and records are needed 1452 to determine whether a violation of law by a person other than 1453 the inmate victim has occurred; 1454 2.Such protected health information or records are not 1455 intended to be used against the inmate victim; 1456 3.The immediate law enforcement activity that depends upon 1457 the disclosure would be materially and adversely affected by 1458 waiting until the inmate victim is able to agree to the 1459 disclosure; and 1460 4.The disclosure is in the best interests of the inmate 1461 victim, as determined by the department. 1462 (k)Protected health information and mental health, 1463 medical, or substance abuse records specified in paragraph 1464 (1)(a) to a state attorney or a law enforcement agency if the 1465 department believes in good faith that the information and 1466 records constitute evidence of criminal conduct that occurred in 1467 a correctional institution or facility, in accordance with 45 1468 C.F.R. part 164, subpart E, provided that: 1469 1.The protected health information and records disclosed 1470 are specific and limited in scope to the extent reasonably 1471 practicable in light of the purpose for which the information or 1472 records are sought; 1473 2.There is a clear connection between the criminal conduct 1474 and the inmate whose protected health information and records 1475 are sought; and 1476 3.Deidentified information could not reasonably be used. 1477 (l)Protected health information and mental health, 1478 medical, or substance abuse records specified in paragraph 1479 (1)(a) to the Division of Risk Management of the Department of 1480 Financial Services, in accordance with 45 C.F.R. part 164, 1481 subpart E, upon certification by the Division of Risk Management 1482 that such information and records are necessary to investigate 1483 and provide legal representation for a claim against the 1484 Department of Corrections. 1485 (m)Protected health information and mental health, 1486 medical, or substance abuse records specified in paragraph 1487 (1)(a) of an inmate who is bringing a legal action against the 1488 department, to the Department of Legal Affairs or to an attorney 1489 retained to represent the department in a legal proceeding, in 1490 accordance with 45 C.F.R. part 164, subpart E. 1491 (n)Protected health information and mental health, 1492 medical, or substance abuse records of an inmate as specified in 1493 paragraph (1)(a) to another correctional institution or facility 1494 or law enforcement official having lawful custody of the inmate, 1495 in accordance with 45 C.F.R. part 164, subpart E, if the 1496 protected health information or records are necessary for: 1497 1.The provision of health care to the inmate; 1498 2.The health and safety of the inmate or other inmates; 1499 3.The health and safety of the officers, employees, or 1500 others at the correctional institution or facility; 1501 4.The health and safety of the individuals or officers 1502 responsible for transporting the inmate from one correctional 1503 institution, facility, or setting to another; 1504 5.Law enforcement on the premises of the correctional 1505 institution or facility; or 1506 6.The administration and maintenance of the safety, 1507 security, and good order of the correctional institution or 1508 facility. 1509 (o)Protected health information and mental health, 1510 medical, or substance abuse records of an inmate as specified in 1511 paragraph (1)(a) to the Department of Children and Families and 1512 the Florida Commission on Offender Review, in accordance with 45 1513 C.F.R. part 164, subpart E, if the inmate received mental health 1514 treatment while in the custody of the Department of Corrections 1515 and becomes eligible for release under supervision or upon the 1516 end of his or her sentence. 1517 (p)Notwithstanding s. 456.057 and in accordance with 45 1518 C.F.R. part 164, subpart E, protected health information and 1519 mental health, medical, or substance abuse records specified in 1520 paragraph (1)(a) of a deceased inmate or offender to an 1521 individual with authority to act on behalf of the deceased 1522 inmate or offender, upon the individuals request. For purposes 1523 of this section, the following individuals have authority to act 1524 on behalf of a deceased inmate or offender only for the purpose 1525 of requesting access to such protected health information and 1526 records: 1527 1.A person appointed by a court to act as the personal 1528 representative, executor, administrator, curator, or temporary 1529 administrator of the deceased inmates or offenders estate; 1530 2.If a court has not made a judicial appointment under 1531 subparagraph 1., a person designated by the inmate or offender 1532 to act as his or her personal representative in a last will that 1533 is self-proved under s. 732.503; or 1534 3.If a court has not made a judicial appointment under 1535 subparagraph 1. or if the inmate or offender has not designated 1536 a person in a self-proved last will as provided in subparagraph 1537 2., only the following individuals: 1538 a.A surviving spouse. 1539 b.If there is no surviving spouse, a surviving adult child 1540 of the inmate or offender. 1541 c.If there is no surviving spouse or adult child, a parent 1542 of the inmate or offender. 1543 (q)All requests for access to a deceased inmates or 1544 offenders protected health information or mental health, 1545 medical, or substance abuse records specified in paragraph 1546 (1)(a) must be in writing and must be accompanied by the 1547 following: 1548 1.If made by a person authorized under subparagraph (p)1., 1549 a copy of the letter of administration and a copy of the court 1550 order appointing such person as the representative of the 1551 inmates or offenders estate. 1552 2.If made by a person authorized under subparagraph (p)2., 1553 a copy of the self-proved last will designating the person as 1554 the inmates or offenders representative. 1555 3.If made by a person authorized under subparagraph (p)3., 1556 a letter from the persons attorney verifying the persons 1557 relationship to the inmate or offender and the absence of a 1558 court-appointed representative and self-proved last will. 1559 1560 Records and information released under this subsection remain 1561 confidential and exempt from the provisions of s. 119.07(1) and 1562 s. 24(a), Art. I of the State Constitution when held by the 1563 receiving person or entity. 1564 Section 32.Subsection (2) of section 316.3026, Florida 1565 Statutes, is amended to read: 1566 316.3026Unlawful operation of motor carriers. 1567 (2)Any motor carrier enjoined or prohibited from operating 1568 by an out-of-service order by this state, any other state, or 1569 the Federal Motor Carrier Safety Administration may not operate 1570 on the roadways of this state until the motor carrier has been 1571 authorized to resume operations by the originating enforcement 1572 jurisdiction. Commercial motor vehicles owned or operated by any 1573 motor carrier prohibited from operation found on the roadways of 1574 this state shall be placed out of service by law enforcement 1575 officers of the Department of Highway Safety and Motor Vehicles, 1576 and the motor carrier assessed a $10,000 civil penalty pursuant 1577 to 49 C.F.R. s. 383.53, in addition to any other penalties 1578 imposed on the driver or other responsible person. Any person 1579 who knowingly drives, operates, or causes to be operated any 1580 commercial motor vehicle in violation of an out-of-service order 1581 issued by the department in accordance with this section commits 1582 a felony of the third degree, punishable as provided in s. 1583 775.082(2)(e) s. 775.082(3)(e). Any costs associated with the 1584 impoundment or storage of such vehicles are the responsibility 1585 of the motor carrier. Vehicle out-of-service orders may be 1586 rescinded when the department receives proof of authorization 1587 for the motor carrier to resume operation. 1588 Section 33.Subsection (3) of section 373.409, Florida 1589 Statutes, is amended to read: 1590 373.409Headgates, valves, and measuring devices. 1591 (3)No person shall alter or tamper with a measuring device 1592 so as to cause it to register other than the actual amount of 1593 water diverted, discharged, or taken. Violation of this 1594 subsection shall be a misdemeanor of the second degree, 1595 punishable under s. 775.082(3)(b) s. 775.082(4)(b). 1596 Section 34.Subsections (3), (4), and (5) of section 1597 373.430, Florida Statutes, are amended to read: 1598 373.430Prohibitions, violation, penalty, intent. 1599 (3)A person who willfully commits a violation specified in 1600 paragraph (1)(a) commits a felony of the third degree, 1601 punishable as provided in ss. 775.082(2)(e) 775.082(3)(e) and 1602 775.083(1)(g), by a fine of not more than $50,000 or by 1603 imprisonment for 5 years, or by both, for each offense. Each day 1604 during any portion of which such violation occurs constitutes a 1605 separate offense. 1606 (4)A person who commits a violation specified in paragraph 1607 (1)(a) or paragraph (1)(b) due to reckless indifference or gross 1608 careless disregard commits a misdemeanor of the second degree, 1609 punishable as provided in ss. 775.082(3)(b) 775.082(4)(b) and 1610 775.083(1)(g), by a fine of not more than $10,000 or 60 days in 1611 jail, or by both, for each offense. 1612 (5)A person who willfully commits a violation specified in 1613 paragraph (1)(b) or who commits a violation specified in 1614 paragraph (1)(c) commits a misdemeanor of the first degree, 1615 punishable as provided in ss. 775.082(3)(a) 775.082(4)(a) and 1616 775.083(1)(g), by a fine of not more than $10,000 or by 6 months 1617 in jail, or by both, for each offense. 1618 Section 35.Subsections (3) and (4) of section 376.302, 1619 Florida Statutes, are amended to read: 1620 376.302Prohibited acts; penalties. 1621 (3)Any person who willfully commits a violation specified 1622 in paragraph (1)(a) or paragraph (1)(b) shall be guilty of a 1623 misdemeanor of the first degree punishable as provided in ss. 1624 775.082(3)(a) 775.082(4)(a) and 775.083(1)(g), by a fine of not 1625 less than $2,500 or more than $25,000, or punishable by 1 year 1626 in jail, or by both for each offense. Each day during any 1627 portion of which such violation occurs constitutes a separate 1628 offense. 1629 (4)Any person who commits a violation specified in 1630 paragraph (1)(c) shall be guilty of a misdemeanor of the first 1631 degree punishable as provided in ss. 775.082(3)(a) 775.082(4)(a) 1632 and 775.083(1)(g), by a fine of not more than $10,000, or by 6 1633 months in jail, or by both for each offense. 1634 Section 36.Subsections (3), (4), and (5) of section 1635 403.161, Florida Statutes, are amended to read: 1636 403.161Prohibitions, violation, penalty, intent. 1637 (3)A person who willfully commits a violation specified in 1638 paragraph (1)(a) commits a felony of the third degree, 1639 punishable as provided in ss. 775.082(2)(e) 775.082(3)(e) and 1640 775.083(1)(g) by a fine of not more than $50,000 or by 1641 imprisonment for 5 years, or by both, for each offense. Each day 1642 during any portion of which such violation occurs constitutes a 1643 separate offense. 1644 (4)A person who commits a violation specified in paragraph 1645 (1)(a) or paragraph (1)(b) due to reckless indifference or gross 1646 careless disregard commits a misdemeanor of the second degree, 1647 punishable as provided in ss. 775.082(3)(b) 775.082(4)(b) and 1648 775.083(1)(g) by a fine of not more than $10,000 or by 60 days 1649 in jail, or by both, for each offense. 1650 (5)A person who willfully commits a violation specified in 1651 paragraph (1)(b) or who commits a violation specified in 1652 paragraph (1)(c) commits a misdemeanor of the first degree 1653 punishable as provided in ss. 775.082(3)(a) 775.082(4)(a) and 1654 775.083(1)(g) by a fine of not more than $10,000 or by 6 months 1655 in jail, or by both for each offense. 1656 Section 37.Subsection (2) of section 448.09, Florida 1657 Statutes, is amended to read: 1658 448.09Unauthorized aliens; employment prohibited. 1659 (2)The first violation of subsection (1) shall be a 1660 noncriminal violation as defined in s. 775.08(3) and, upon 1661 conviction, shall be punishable as provided in s. 775.082(4) s. 1662 775.082(5) by a civil fine of not more than $500, regardless of 1663 the number of aliens with respect to whom the violation 1664 occurred. 1665 Section 38.Section 504.013, Florida Statutes, is amended 1666 to read: 1667 504.013Penalties.Any person, firm, or corporation engaged 1668 in the business of the retail vending of fresh fruits, fresh 1669 vegetables, bee pollen, or honey who willfully and knowingly 1670 removes any labels or identifying marks from fruits, vegetables, 1671 bee pollen, or honey so labeled is guilty of a noncriminal 1672 violation as defined in s. 775.08(3) and upon conviction shall 1673 be punished as provided in s. 775.082(4) s. 775.082(5) by a 1674 civil fine of not more than $500. 1675 Section 39.Paragraph (c) of subsection (3) of section 1676 648.571, Florida Statutes, is amended to read: 1677 648.571Failure to return collateral; penalty. 1678 (3) 1679 (c)Allowable expenses incurred in apprehending a defendant 1680 because of a bond forfeiture or judgment under s. 903.29 may be 1681 deducted if such expenses are accounted for. The failure to 1682 return collateral under these terms is punishable as follows: 1683 1.If the collateral is of a value less than $100, as 1684 provided in s. 775.082(3)(a) s. 775.082(4)(a). 1685 2.If the collateral is of a value of $100 or more, as 1686 provided in s. 775.082(2)(e) s. 775.082(3)(e). 1687 3.If the collateral is of a value of $1,500 or more, as 1688 provided in s. 775.082(2)(d) s. 775.082(3)(d). 1689 4.If the collateral is of a value of $10,000 or more, as 1690 provided in s. 775.082(2)(b) s. 775.082(3)(b). 1691 Section 40.Paragraph (a) of subsection (2) of section 1692 775.261, Florida Statutes, is amended to read: 1693 775.261The Florida Career Offender Registration Act. 1694 (2)DEFINITIONS.As used in this section, the term: 1695 (a)Career offender means any person who is designated as 1696 a habitual violent felony offender, a violent career criminal, 1697 or a three-time violent felony offender under s. 775.084 or as a 1698 prison releasee reoffender under s. 775.082(8) s. 775.082(9). 1699 Section 41.Paragraph (g) of subsection (3) of section 1700 787.06, Florida Statutes, is amended to read: 1701 787.06Human trafficking. 1702 (3)Any person who knowingly, or in reckless disregard of 1703 the facts, engages in human trafficking, or attempts to engage 1704 in human trafficking, or benefits financially by receiving 1705 anything of value from participation in a venture that has 1706 subjected a person to human trafficking: 1707 (g)For commercial sexual activity in which any child 1708 younger than 18 years of age or an adult believed by the person 1709 to be a child younger than 18 years of age, or in which any 1710 person who is mentally defective or mentally incapacitated as 1711 those terms are defined in s. 794.011(1), is involved commits a 1712 life felony, punishable as provided in s. 775.082(2)(a)6. s. 1713 775.082(3)(a)6., s. 775.083, or s. 775.084. 1714 1715 For each instance of human trafficking of any individual under 1716 this subsection, a separate crime is committed and a separate 1717 punishment is authorized. 1718 Section 42.Subsection (6) of section 794.0115, Florida 1719 Statutes, is amended to read: 1720 794.0115Dangerous sexual felony offender; mandatory 1721 sentencing. 1722 (6)Notwithstanding s. 775.082(2) s. 775.082(3), chapter 1723 958, any other law, or any interpretation or construction 1724 thereof, a person subject to sentencing under this section must 1725 be sentenced to the mandatory term of imprisonment provided 1726 under this section. If the mandatory minimum term of 1727 imprisonment imposed under this section exceeds the maximum 1728 sentence authorized under s. 775.082, s. 775.084, or chapter 1729 921, the mandatory minimum term of imprisonment under this 1730 section must be imposed. If the mandatory minimum term of 1731 imprisonment under this section is less than the sentence that 1732 could be imposed under s. 775.082, s. 775.084, or chapter 921, 1733 the sentence imposed must include the mandatory minimum term of 1734 imprisonment under this section. 1735 Section 43.Paragraph (b) of subsection (5) of section 1736 800.04, Florida Statutes, is amended to read: 1737 800.04Lewd or lascivious offenses committed upon or in the 1738 presence of persons less than 16 years of age. 1739 (5)LEWD OR LASCIVIOUS MOLESTATION. 1740 (b)An offender 18 years of age or older who commits lewd 1741 or lascivious molestation against a victim less than 12 years of 1742 age commits a life felony, punishable as provided in s. 1743 775.082(2)(a)4. s. 775.082(3)(a)4. 1744 Section 44.Paragraph (c) of subsection (4) of section 1745 907.041, Florida Statutes, is amended to read: 1746 907.041Pretrial detention and release. 1747 (4)PRETRIAL DETENTION. 1748 (c)The court may order pretrial detention if it finds a 1749 substantial probability, based on a defendants past and present 1750 patterns of behavior, the criteria in s. 903.046, and any other 1751 relevant facts, that any of the following circumstances exist: 1752 1.The defendant has previously violated conditions of 1753 release and that no further conditions of release are reasonably 1754 likely to assure the defendants appearance at subsequent 1755 proceedings; 1756 2.The defendant, with the intent to obstruct the judicial 1757 process, has threatened, intimidated, or injured any victim, 1758 potential witness, juror, or judicial officer, or has attempted 1759 or conspired to do so, and that no condition of release will 1760 reasonably prevent the obstruction of the judicial process; 1761 3.The defendant is charged with trafficking in controlled 1762 substances as defined by s. 893.135, that there is a substantial 1763 probability that the defendant has committed the offense, and 1764 that no conditions of release will reasonably assure the 1765 defendants appearance at subsequent criminal proceedings; 1766 4.The defendant is charged with DUI manslaughter, as 1767 defined by s. 316.193, and that there is a substantial 1768 probability that the defendant committed the crime and that the 1769 defendant poses a threat of harm to the community; conditions 1770 that would support a finding by the court pursuant to this 1771 subparagraph that the defendant poses a threat of harm to the 1772 community include, but are not limited to, any of the following: 1773 a.The defendant has previously been convicted of any crime 1774 under s. 316.193, or of any crime in any other state or 1775 territory of the United States that is substantially similar to 1776 any crime under s. 316.193; 1777 b.The defendant was driving with a suspended driver 1778 license when the charged crime was committed; or 1779 c.The defendant has previously been found guilty of, or 1780 has had adjudication of guilt withheld for, driving while the 1781 defendants driver license was suspended or revoked in violation 1782 of s. 322.34; 1783 5.The defendant poses the threat of harm to the community. 1784 The court may so conclude, if it finds that the defendant is 1785 presently charged with a dangerous crime, that there is a 1786 substantial probability that the defendant committed such crime, 1787 that the factual circumstances of the crime indicate a disregard 1788 for the safety of the community, and that there are no 1789 conditions of release reasonably sufficient to protect the 1790 community from the risk of physical harm to persons; 1791 6.The defendant was on probation, parole, or other release 1792 pending completion of sentence or on pretrial release for a 1793 dangerous crime at the time the current offense was committed; 1794 7.The defendant has violated one or more conditions of 1795 pretrial release or bond for the offense currently before the 1796 court and the violation, in the discretion of the court, 1797 supports a finding that no conditions of release can reasonably 1798 protect the community from risk of physical harm to persons or 1799 assure the presence of the accused at trial; or 1800 8.a.The defendant has ever been sentenced pursuant to s. 1801 775.082(8) s. 775.082(9) or s. 775.084 as a prison releasee 1802 reoffender, habitual violent felony offender, three-time violent 1803 felony offender, or violent career criminal, or the state 1804 attorney files a notice seeking that the defendant be sentenced 1805 pursuant to s. 775.082(8) s. 775.082(9) or s. 775.084, as a 1806 prison releasee reoffender, habitual violent felony offender, 1807 three-time violent felony offender, or violent career criminal; 1808 b.There is a substantial probability that the defendant 1809 committed the offense; and 1810 c.There are no conditions of release that can reasonably 1811 protect the community from risk of physical harm or ensure the 1812 presence of the accused at trial. 1813 Section 45.Subsection (1) of section 921.1401, Florida 1814 Statutes, is amended to read: 1815 921.1401Sentence of life imprisonment for persons who are 1816 under the age of 18 years at the time of the offense; sentencing 1817 proceedings. 1818 (1)Upon conviction or adjudication of guilt of an offense 1819 described in s. 775.082(1)(b), s. 775.082(2)(a)5. s. 1820 775.082(3)(a)5., s. 775.082(2)(b)2. s. 775.082(3)(b)2., or s. 1821 775.082(2)(c) s. 775.082(3)(c) which was committed on or after 1822 July 1, 2014, the court may conduct a separate sentencing 1823 hearing to determine if a term of imprisonment for life or a 1824 term of years equal to life imprisonment is an appropriate 1825 sentence. 1826 Section 46.Paragraphs (b), (c), and (d) of subsection (2) 1827 of section 921.1402, Florida Statutes, are amended to read: 1828 921.1402Review of sentences for persons convicted of 1829 specified offenses committed while under the age of 18 years. 1830 (2) 1831 (b)A juvenile offender sentenced to a term of more than 25 1832 years under s. 775.082(2)(a)5.a. s. 775.082(3)(a)5.a. or s. 1833 775.082(2)(b)2.a. s. 775.082(3)(b)2.a. is entitled to a review 1834 of his or her sentence after 25 years. 1835 (c)A juvenile offender sentenced to a term of more than 15 1836 years under s. 775.082(1)(b)2., s. 775.082(2)(a)5.b. s. 1837 775.082(3)(a)5.b., or s. 775.082(2)(b)2.b. s. 775.082(3)(b)2.b. 1838 is entitled to a review of his or her sentence after 15 years. 1839 (d)A juvenile offender sentenced to a term of 20 years or 1840 more under s. 775.082(2)(c) s. 775.082(3)(c) is entitled to a 1841 review of his or her sentence after 20 years. If the juvenile 1842 offender is not resentenced at the initial review hearing, he or 1843 she is eligible for one subsequent review hearing 10 years after 1844 the initial review hearing. 1845 Section 47.Paragraph (c) of subsection (3) of section 1846 944.17, Florida Statutes, is amended to read: 1847 944.17Commitments and classification; transfers. 1848 (3) 1849 (c)1.When the highest ranking offense for which the 1850 prisoner is convicted is a felony, the trial court shall 1851 sentence the prisoner pursuant to the Criminal Punishment Code 1852 in chapter 921. 1853 2.When the highest ranking offense for which the prisoner 1854 is convicted is a misdemeanor, the trial court shall sentence 1855 the prisoner pursuant to s. 775.082(3) s. 775.082(4). 1856 Section 48.Subsection (1) of section 944.608, Florida 1857 Statutes, is amended to read: 1858 944.608Notification to Department of Law Enforcement of 1859 information on career offenders. 1860 (1)As used in this section, the term career offender 1861 means a person who is in the custody or control of, or under the 1862 supervision of, the department or is in the custody or control 1863 of, or under the supervision of, a private correctional 1864 facility, and who is designated as a habitual violent felony 1865 offender, a violent career criminal, or a three-time violent 1866 felony offender under s. 775.084 or as a prison releasee 1867 reoffender under s. 775.082(8) s. 775.082(9). 1868 Section 49.Subsection (1) of section 944.609, Florida 1869 Statutes, is amended to read: 1870 944.609Career offenders; notification upon release. 1871 (1)As used in this section, the term career offender 1872 means a person who is in the custody or control of, or under the 1873 supervision of, the department or is in the custody or control 1874 of, or under the supervision of a private correctional facility, 1875 who is designated as a habitual violent felony offender, a 1876 violent career criminal, or a three-time violent felony offender 1877 under s. 775.084 or as a prison releasee reoffender under s. 1878 775.082(8) s. 775.082(9). 1879 Section 50.Subsection (7) of section 944.705, Florida 1880 Statutes, is amended to read: 1881 944.705Release orientation program. 1882 (7)(a)The department shall notify every inmate in the 1883 inmates release documents: 1884 1.Of all outstanding terms of the inmates sentence at the 1885 time of release to assist the inmate in determining his or her 1886 status with regard to the completion of all terms of sentence, 1887 as that term is defined in s. 98.0751. This subparagraph does 1888 not apply to inmates who are being released from the custody of 1889 the department to any type of supervision monitored by the 1890 department; and 1891 2.In not less than 18-point type, that the inmate may be 1892 sentenced pursuant to s. 775.082(8) s. 775.082(9) if the inmate 1893 commits any felony offense described in s. 775.082(8) s. 1894 775.082(9) within 3 years after the inmates release. This 1895 notice must be prefaced by the word WARNING in boldfaced type. 1896 (b)This section does not preclude the sentencing of a 1897 person pursuant to s. 775.082(8) s. 775.082(9), and evidence 1898 that the department failed to provide this notice does not 1899 prohibit a person from being sentenced pursuant to s. 775.082(8) 1900 s. 775.082(9). The state is not required to demonstrate that a 1901 person received any notice from the department in order for the 1902 court to impose a sentence pursuant to s. 775.082(8) s. 1903 775.082(9). 1904 Section 51.This act shall take effect upon becoming a law.