HB 355 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to trafficking in fentanyl; amending 2
s. 893.135, F.S.; increasing criminal penalties for 3
trafficking in fentanyl; providing an effective date. 4
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Be It Enacted by the Legislature of the State of Florida: 6
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Section 1. Paragraph (c) of subsection (1) of section 8
893.135, Florida Statutes, is amended to read: 9
893.135 Trafficking; mandatory sentences; suspension or 10
reduction of sentences; conspir acy to engage in trafficking. — 11
(1) Except as authorized in this chapter or in chapter 499 12
and notwithstanding the provisions of s. 893.13: 13
(c)1. A person who knowingly sells, purchases, 14
manufactures, delivers, or brings into this state, or who is 15
knowingly in actual or constructive possession of, 4 grams or 16
more of any morphine, opium, hydromorphone, or any salt, 17
derivative, isomer, or salt of an isomer thereof, including 18
heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or 19
(3)(c)4., or 4 grams or more of any mixture containing any such 20
substance, but less than 30 kilograms of such substance or 21
mixture, commits a felony of the first degree, which felony 22
shall be known as "trafficking in illegal drugs," punishable as 23
provided in s. 775.082, s. 77 5.083, or s. 775.084. If the 24
quantity involved: 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
a. Is 4 grams or more, but less than 14 grams, such person 26
shall be sentenced to a mandatory minimum term of imprisonment 27
of 3 years and shall be ordered to pay a fine of $50,000. 28
b. Is 14 grams or more, but less than 28 grams, such 29
person shall be sentenced to a mandatory minimum term of 30
imprisonment of 15 years and shall be ordered to pay a fine of 31
$100,000. 32
c. Is 28 grams or more, but less than 30 kilograms, such 33
person shall be sentenced to a mandato ry minimum term of 34
imprisonment of 25 years and shall be ordered to pay a fine of 35
$500,000. 36
2. A person who knowingly sells, purchases, manufactures, 37
delivers, or brings into this state, or who is knowingly in 38
actual or constructive possession of, 28 gra ms or more of 39
hydrocodone, as described in s. 893.03(2)(a)1.k., codeine, as 40
described in s. 893.03(2)(a)1.g., or any salt thereof, or 28 41
grams or more of any mixture containing any such substance, 42
commits a felony of the first degree, which felony shall be 43
known as "trafficking in hydrocodone," punishable as provided in 44
s. 775.082, s. 775.083, or s. 775.084. If the quantity involved: 45
a. Is 28 grams or more, but less than 50 grams, such 46
person shall be sentenced to a mandatory minimum term of 47
imprisonment of 3 years and shall be ordered to pay a fine of 48
$50,000. 49
b. Is 50 grams or more, but less than 100 grams, such 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
person shall be sentenced to a mandatory minimum term of 51
imprisonment of 7 years and shall be ordered to pay a fine of 52
$100,000. 53
c. Is 100 grams or more, but less than 300 grams, such 54
person shall be sentenced to a mandatory minimum term of 55
imprisonment of 15 years and shall be ordered to pay a fine of 56
$500,000. 57
d. Is 300 grams or more, but less than 30 kilograms, such 58
person shall be senten ced to a mandatory minimum term of 59
imprisonment of 25 years and shall be ordered to pay a fine of 60
$750,000. 61
3. A person who knowingly sells, purchases, manufactures, 62
delivers, or brings into this state, or who is knowingly in 63
actual or constructive possession of, 7 grams or more of 64
oxycodone, as described in s. 893.03(2)(a)1.q., or any salt 65
thereof, or 7 grams or more of any mixture containing any such 66
substance, commits a felony of the first degree, which felony 67
shall be known as "trafficking in oxy codone," punishable as 68
provided in s. 775.082, s. 775.083, or s. 775.084. If the 69
quantity involved: 70
a. Is 7 grams or more, but less than 14 grams, such person 71
shall be sentenced to a mandatory minimum term of imprisonment 72
of 3 years and shall be ordered to pay a fine of $50,000. 73
b. Is 14 grams or more, but less than 25 grams, such 74
person shall be sentenced to a mandatory minimum term of 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
imprisonment of 7 years and shall be ordered to pay a fine of 76
$100,000. 77
c. Is 25 grams or more, but less than 100 gr ams, such 78
person shall be sentenced to a mandatory minimum term of 79
imprisonment of 15 years and shall be ordered to pay a fine of 80
$500,000. 81
d. Is 100 grams or more, but less than 30 kilograms, such 82
person shall be sentenced to a mandatory minimum term of 83
imprisonment of 25 years and shall be ordered to pay a fine of 84
$750,000. 85
4.a. A person who knowingly sells, purchases, 86
manufactures, delivers, or brings into this state, or who is 87
knowingly in actual or constructive possession of, 4 grams or 88
more of: 89
(I) Alfentanil, as described in s. 893.03(2)(b)1.; 90
(II) Carfentanil, as described in s. 893.03(2)(b)6.; 91
(III) Fentanyl, as described in s. 893.03(2)(b)9.; 92
(IV) Sufentanil, as described in s. 893.03(2)(b)30.; 93
(V) A fentanyl derivative, as described in s. 94
893.03(1)(a)62.; 95
(VI) A controlled substance analog, as described in s. 96
893.0356, of any substance described in sub -sub-subparagraphs 97
(I)-(V); or 98
(VII) A mixture containing any substance described in sub -99
sub-subparagraphs (I)-(VI), 100
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commits a felony of the first degree, which felony shall be 102
known as "trafficking in dangerous fentanyl or fentanyl 103
analogues," punishable as provided in s. 775.082, s. 775.083, or 104
s. 775.084. 105
b. If the quantity involved under sub -subparagraph a.: 106
(I) Is 4 grams or more, but less than 14 grams, such 107
person shall be sentenced to a mandatory minimum term of 108
imprisonment of 15 7 years, and shall be ordered to pay a fine 109
of $75,000 $50,000. 110
(II) Is 14 grams or more, but less than 28 grams, such 111
person shall be sentenc ed to a mandatory minimum term of 112
imprisonment of 25 20 years, and shall be ordered to pay a fine 113
of $150,000 $100,000. 114
(III) Is 28 grams or more, such person shall be sentenced 115
to a mandatory minimum term of imprisonment of 30 25 years, and 116
shall be ordered to pay a fine of $500,000. 117
5. A person who knowingly sells, purchases, manufactures, 118
delivers, or brings into this state, or who is knowingly in 119
actual or constructive possession of, 30 kilograms or more of 120
any morphine, opium, oxycodone, hydrocodon e, codeine, 121
hydromorphone, or any salt, derivative, isomer, or salt of an 122
isomer thereof, including heroin, as described in s. 123
893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or 124
more of any mixture containing any such substance, commits the 125
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first degree felony of trafficking in illegal drugs. A person 126
who has been convicted of the first degree felony of trafficking 127
in illegal drugs under this subparagraph shall be punished by 128
life imprisonment and is ineligible for any form of 129
discretionary early release except pardon or executive clemency 130
or conditional medical release under s. 947.149. However, if the 131
court determines that, in addition to committing any act 132
specified in this paragraph: 133
a. The person intentionally killed an individual or 134
counseled, commanded, induced, procured, or caused the 135
intentional killing of an individual and such killing was the 136
result; or 137
b. The person's conduct in committing that act led to a 138
natural, though not inevitable, lethal result, 139
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such person commits the ca pital felony of trafficking in illegal 141
drugs, punishable as provided in ss. 775.082 and 921.142. A 142
person sentenced for a capital felony under this paragraph shall 143
also be sentenced to pay the maximum fine provided under 144
subparagraph 1. 145
6. A person who knowingly brings into this state 60 146
kilograms or more of any morphine, opium, oxycodone, 147
hydrocodone, codeine, hydromorphone, or any salt, derivative, 148
isomer, or salt of an isomer thereof, including heroin, as 149
described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 150
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
60 kilograms or more of any mixture containing any such 151
substance, and who knows that the probable result of such 152
importation would be the death of a person, commits capital 153
importation of illegal drugs, a capital felony punishable as 154
provided in ss. 775.082 and 921.142. A person sentenced for a 155
capital felony under this paragraph shall also be sentenced to 156
pay the maximum fine provided under subparagraph 1. 157
Section 2. This act shall take effect October 1, 2023. 158