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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
1
An act relating to controlled substances; amending s. 2
782.04, F.S.; revising the elements that constitute 3
the capital offense of murder in the first degree; 4
revising the elements that constitute the offense of 5
murder in the third degree and constitute a felony of 6
the second degree; defining the term "substantial 7
factor"; creating s. 893.131, F.S.; providing 8
definitions; providing criminal penalties for adults 9
who unlawfully distribute specified substances or 10
mixtures and an overdose or serious bodily injury of 11
the user results; providing enhanced criminal 12
penalties for repeat offenders; providing 13
construction; providing that specified persons have 14
certain protections from arrest and prosecution; 15
amending s. 921.0022, F.S.; ranking an offense on the 16
offense severity ranking chart of the Criminal 17
Punishment Code; providing an effective date. 18
19
Be It Enacted by the Legislature of the State of Florida: 20
21
Section 1. Paragraph (a) of subsection (1) and subsections 22
(4) and (5) of section 782.04, Florida Statutes, are amended to 23
read: 24
782.04 Murder.— 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
(1)(a) The unlawful killing of a human being: 26
1. When perpetrated from a premeditated design to effect 27
the death of the person killed or any human being; 28
2. When committed by a person engaged in the perpetration 29
of, or in the attempt to perpetrate, any: 30
a. Trafficking offense prohibited by s. 893.135(1), 31
b. Arson, 32
c. Sexual battery, 33
d. Robbery, 34
e. Burglary, 35
f. Kidnapping, 36
g. Escape, 37
h. Aggravated child abuse, 38
i. Aggravated abuse of an elderly person or disabled 39
adult, 40
j. Aircraft piracy, 41
k. Unlawful throwing, placing, or discharging of a 42
destructive device or bomb, 43
l. Carjacking, 44
m. Home-invasion robbery, 45
n. Aggravated stalking, 46
o. Murder of another human being, 47
p. Resisting an officer with violence to his or her 48
person, 49
q. Aggravated fleeing or eluding with serious bodily 50
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injury or death, 51
r. Felony that is an act of terrori sm or is in furtherance 52
of an act of terrorism, including a felony under s. 775.30, s. 53
775.32, s. 775.33, s. 775.34, or s. 775.35, or 54
s. Human trafficking; or 55
3. Which resulted from the unlawful distribution by a 56
person 18 years of age or older of any of the following 57
substances, or mixture containing any of the following 58
substances, when such substance or mixture is proven to have 59
caused, or is proven to have been a substantial factor in 60
producing, be the proximate cause of the death of the user: 61
a. A substance controlled under s. 893.03(1); 62
b. Cocaine, as described in s. 893.03(2)(a)4.; 63
c. Opium or any synthetic or natural salt, compound, 64
derivative, or preparation of opium; 65
d. Methadone; 66
e. Alfentanil, as described in s. 893.03(2)(b)1.; 67
f. Carfentanil, as described in s. 893.03(2)(b)6.; 68
g. Fentanyl, as described in s. 893.03(2)(b)9.; 69
h. Sufentanil, as described in s. 893.03(2)(b)30.; 70
i. Methamphetamine, as described in s. 893.03(2)(c)5.; or 71
j. A controlled substance analog, as descr ibed in s. 72
893.0356, of any substance specified in sub -subparagraphs a.-i., 73
74
is murder in the first degree and constitutes a capital felony, 75
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punishable as provided in s. 775.082. 76
(4) The unlawful killing of a human being, when 77
perpetrated without any des ign to effect death, by a person 78
engaged in the perpetration of, or in the attempt to perpetrate, 79
any felony other than any: 80
(a) Trafficking offense prohibited by s. 893.135(1), 81
(b) Arson, 82
(c) Sexual battery, 83
(d) Robbery, 84
(e) Burglary, 85
(f) Kidnapping, 86
(g) Escape, 87
(h) Aggravated child abuse, 88
(i) Aggravated abuse of an elderly person or disabled 89
adult, 90
(j) Aircraft piracy, 91
(k) Unlawful throwing, placing, or discharging of a 92
destructive device or bomb, 93
(l) Unlawful distribution of a ny substance listed in sub -94
subparagraphs (1)(a)3.a. -j. by a person 18 years of age or 95
older, when such substance is proven to have caused, or is 96
proven to have been a substantial factor in producing, be the 97
proximate cause of the death of the user, 98
(m) Carjacking, 99
(n) Home-invasion robbery, 100
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(o) Aggravated stalking, 101
(p) Murder of another human being, 102
(q) Aggravated fleeing or eluding with serious bodily 103
injury or death, 104
(r) Resisting an officer with violence to his or her 105
person, or 106
(s) Felony that is an act of terrorism or is in 107
furtherance of an act of terrorism, including a felony under s. 108
775.30, s. 775.32, s. 775.33, s. 775.34, or s. 775.35, 109
110
is murder in the third degree and constitutes a felony of the 111
second degree, punishable as provided in s. 775.082, s. 775.083, 112
or s. 775.084. 113
(5) As used in this section, the term : 114
(a) "Substantial factor" means that the use of the 115
substance or mixture alone is sufficient to cause death, 116
regardless of whether any other substance or mixture used is 117
also sufficient to cause death. 118
(b) "Terrorism" means an activity that: 119
(a)1.a. Involves a violent act or an act dangerous to 120
human life which is a violation of the criminal laws of this 121
state or of the United States; or 122
b.2. Involves a violation of s . 815.06; and 123
2.(b) Is intended to: 124
a.1. Intimidate, injure, or coerce a civilian population; 125
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b.2. Influence the policy of a government by intimidation 126
or coercion; or 127
c.3. Affect the conduct of government through destruction 128
of property, assassina tion, murder, kidnapping, or aircraft 129
piracy. 130
Section 2. Section 893.131, Florida Statutes, is created 131
to read: 132
893.131 Distribution of controlled substances resulting in 133
overdose or serious bodily injury. — 134
(1) As used in this section, the term: 135
(a) "Distribute" has the same meaning as in s. 893.02, and 136
includes the direct or indirect delivery of a controlled 137
substance to a user. 138
(b) "Emergency opioid antagonist" has the same meaning as 139
in s. 381.887(1). 140
(c) "Medical care" means the administr ation of treatment 141
for the purposes of preserving or sustaining life or the 142
administration of an emergency opioid antagonist. 143
(d) "Overdose or serious bodily injury" means drug 144
toxicity or a physical condition that creates a substantial risk 145
of death or substantial loss or impairment of the function of 146
any bodily member or organ. 147
(e) "Substantial factor" means that the use of a substance 148
or mixture alone is sufficient to cause an overdose or serious 149
bodily injury, regardless of whether any other substan ce or 150
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mixture used is also sufficient to cause an overdose or serious 151
bodily injury. 152
(2)(a) Except as provided in paragraph (b), a person 18 153
years of age or older who unlawfully distributes: 154
1. Heroin, as described in s. 893.03(1)(b)11.; 155
2. Alfentanil, as described in s. 893.03(2)(b)1.; 156
3. Carfentanil, as described in s. 893.03(2)(b)6.; 157
4. Fentanyl, as described in s. 893.03(2)(b)9.; 158
5. Sufentanil, as described in s. 893.03(2)(b)30.; 159
6. Fentanyl derivatives, as described in s. 160
893.03(1)(a)62.; 161
7. A controlled substance analog, as described in s. 162
893.0356, of any substance specified in subparagraphs 1. -6.; or 163
8. A mixture containing any substance specified in 164
subparagraphs 1.-7., 165
166
and an overdose or serious bodily injury of the user results, 167
commits a felony of the second degree, punishable as provided in 168
s. 775.082, s. 775.083, or s. 775.084, when such substance or 169
mixture is proven to have caused or been a substantial factor in 170
causing the overdose or serious bodily injury of the user. 171
(b) A person 18 years of age or older who commits a 172
violation of paragraph (a) and who has previously been convicted 173
of a violation of paragraph (a) commits a felony of the first 174
degree, punishable as provided in s. 775.082, s. 775.083, or s. 175
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775.084. 176
(3) The administration of medical care by an emergency 177
responder, including, but not limited to, a law enforcement 178
officer, a paramedic, or an emergency medical technician is 179
prima facie evidence that the person receiving medical care 180
experienced an overdose or serious bodily injury. 181
(4) A person who experiences, or has a good faith belief 182
that he or she is experiencing, an alcohol -related or a drug-183
related overdose and receives medical assistance, or a person 184
acting in good faith who seeks medical assistanc e for an 185
individual experiencing, or believed to be experiencing, an 186
alcohol-related or a drug-related overdose, is afforded the 187
protections provided under s. 893.21. 188
Section 3. Paragraph (f) of subsection (3) of section 189
921.0022, Florida Statutes, is amended to read: 190
921.0022 Criminal Punishment Code; offense severity 191
ranking chart.— 192
(3) OFFENSE SEVERITY RANKING CHART 193
(f) LEVEL 6 194
195
Florida
Statute
Felony
Degree Description
196
316.027(2)(b) 2nd Leaving the scene of a crash
involving serious bodily
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injury.
197
316.193(2)(b) 3rd Felony DUI, 4th or subsequent
conviction.
198
400.9935(4)(c) 2nd Operating a clinic, or offering
services requiring licensure,
without a license.
199
499.0051(2) 2nd Knowing forgery of transaction
history, transaction
information, or transaction
statement.
200
499.0051(3) 2nd Knowing purchase or receipt of
prescription drug from
unauthorized person.
201
499.0051(4) 2nd Knowing sale or transfer of
prescription drug to
unauthorized person.
202
775.0875(1) 3rd Taking firearm from law
enforcement officer.
203
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784.021(1)(a) 3rd Aggravated assault; deadly
weapon without intent to kill.
204
784.021(1)(b) 3rd Aggravated assault; intent to
commit felony.
205
784.041 3rd Felony battery; domestic
battery by strangulation.
206
784.048(3) 3rd Aggravated stalking; credible
threat.
207
784.048(5) 3rd Aggravated stalking of person
under 16.
208
784.07(2)(c) 2nd Aggravated assault on law
enforcement officer.
209
784.074(1)(b) 2nd Aggravated assault on sexually
violent predators facility
staff.
210
784.08(2)(b) 2nd Aggravated assault on a person
65 years of age or older.
211
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784.081(2) 2nd Aggravated assault on specified
official or employee.
212
784.082(2) 2nd Aggravated assault by detained
person on visitor or other
detainee.
213
784.083(2) 2nd Aggravated assault on code
inspector.
214
787.02(2) 3rd False imprisonment; restraining
with purpose other than those
in s. 787.01.
215
790.115(2)(d) 2nd Discharging firearm or weapon
on school property.
216
790.161(2) 2nd Make, possess, or throw
destructive device with intent
to do bodily harm or damage
property.
217
790.164(1) 2nd False report concerning bomb,
explosive, weapon of mass
destruction, act of arson or
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violence to state property, or
use of firearms in violent
manner.
218
790.19 2nd Shooting or throwing deadly
missiles into dwellings,
vessels, or vehicles.
219
794.011(8)(a) 3rd Solicitation of minor to
participate in sexual activity
by custodial adult.
220
794.05(1) 2nd Unlawful sexual activity with
specified minor.
221
800.04(5)(d) 3rd Lewd or lascivious molestation;
victim 12 years of age or older
but less than 16 years of age;
offender less than 18 years.
222
800.04(6)(b) 2nd Lewd or lascivious conduct;
offender 18 years of age or
older.
223
806.031(2) 2nd Arson resulting in great bodily
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harm to firefighter or any
other person.
224
810.02(3)(c) 2nd Burglary of occupied structure;
unarmed; no assault or battery.
225
810.145(8)(b) 2nd Video voyeurism; certain minor
victims; 2nd or subsequent
offense.
226
812.014(2)(b)1. 2nd Property stolen $20,000 or
more, but less than $100,000,
grand theft in 2nd degree.
227
812.014(6) 2nd Theft; property stolen $3,000
or more; coordination of
others.
228
812.015(9)(a) 2nd Retail theft; property stolen
$750 or more; second or
subsequent conviction.
229
812.015(9)(b) 2nd Retail theft; aggregated
property stolen within 30 days
is $3,000 or more; coordination
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of others.
230
812.015(9)(d) 2nd Retail theft; multiple thefts
within specified period.
231
812.13(2)(c) 2nd Robbery, no firearm or other
weapon (strong-arm robbery).
232
817.4821(5) 2nd Possess cloning paraphernalia
with intent to create cloned
cellular telephones.
233
817.49(2)(b)2. 2nd Willful making of a false
report of a crime resulting in
death.
234
817.505(4)(b) 2nd Patient brokering; 10 or more
patients.
235
825.102(1) 3rd Abuse of an elderly person or
disabled adult.
236
825.102(3)(c) 3rd Neglect of an elderly person or
disabled adult.
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825.1025(3) 3rd Lewd or lascivious molestation
of an elderly person or
disabled adult.
238
825.103(3)(c) 3rd Exploiting an elderly person or
disabled adult and property is
valued at less than $10,000.
239
827.03(2)(c) 3rd Abuse of a child.
240
827.03(2)(d) 3rd Neglect of a child.
241
827.071(2) & (3) 2nd Use or induce a child in a
sexual performance, or promote
or direct such performance.
242
828.126(3) 3rd Sexual activities involving
animals.
243
836.05 2nd Threats; extortion.
244
836.10 2nd Written or electronic threats
to kill, do bodily injury, or
conduct a mass shooting or an
act of terrorism.
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245
843.12 3rd Aids or assists person to
escape.
246
847.011 3rd Distributing, offering to
distribute, or possessing with
intent to distribute obscene
materials depicting minors.
247
847.012 3rd Knowingly using a minor in the
production of materials harmful
to minors.
248
847.0135(2) 3rd Facilitates sexual conduct of
or with a minor or the visua l
depiction of such conduct.
249
893.131 2nd Distribution of controlled
substances resulting in
overdose or serious bodily
injury.
250
914.23 2nd Retaliation against a witness,
victim, or informant, with
bodily injury.
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251
918.13(2)(b) 2nd Tampering with or fabricating
physical evidence relating to a
capital felony.
252
944.35(3)(a)2. 3rd Committing malicious battery
upon or inflicting cruel or
inhuman treatment on an inmate
or offender on community
supervision, resulting in great
bodily harm.
253
944.40 2nd Escapes.
254
944.46 3rd Harboring, concealing, aiding
escaped prisoners.
255
944.47(1)(a)5. 2nd Introduction of contraband
(firearm, weapon, or explosive)
into correctional facility.
256
951.22(1)(i) 3rd Firearm or weapon introduced
into county detention facility.
257
Section 4. This act shall take effect July 1, 2023. 258