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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 offenses involving xylazine; 2
amending s. 893.13, F.S.; providing criminal penalties 3
and requiring a mandatory minimum term of imprisonment 4
if a person sells, manufactures, or delivers or 5
possesses with intent to sell, manufacture, or deliver 6
xylazine; amending s. 893.135, F.S.; creating the 7
offense of trafficking in xylazine; providing criminal 8
penalties and requiring a mandatory minimum term of 9
imprisonment and fines based on the quantity of the 10
controlled substance involved in the offense; 11
providing an effective date. 12
13
Be It Enacted by the Legislature of the State of Florida: 14
15
Section 1. Paragraph (i) of subsection (1) of section 16
893.13, Florida Statutes, is amended to read: 17
893.13 Prohibited acts; penalties. — 18
(1) 19
(i) Except as authorized by this chapter, a person commits 20
a felony of the first degree, punishable as provided in s. 21
775.082, s. 775.083, or s. 775.084, and must be sente nced to a 22
mandatory minimum term of imprisonment of 3 years, if: 23
1. The person sells, manufactures, or delivers, or 24
possesses with intent to sell, manufacture, or deliver, any of 25
HB 57 2025
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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
the following: 26
a. Alfentanil, as described in s. 893.03(2)(b)1.; 27
b. Carfentanil, as described in s. 893.03(2)(b)6.; 28
c. Fentanyl, as described in s. 893.03(2)(b)9.; 29
d. Sufentanil, as described in s. 893.03(2)(b)30.; 30
e. A fentanyl derivative, as described in s. 31
893.03(1)(a)63.; 32
f. Xylazine, as described in s. 893.03(1)( c)37.; 33
g. A controlled substance analog, as described in s. 34
893.0356, of any substance described in sub-subparagraphs a.-f. 35
sub-subparagraphs a.-e.; or 36
h.g. A mixture containing any substance described in sub-37
subparagraphs a.-g. sub-subparagraphs a.-f.; and 38
2. The substance or mixture listed in subparagraph 1. is 39
in a form that resembles, or is mixed, granulated, absorbed, 40
spray-dried, or aerosolized as or onto, coated on, in whole or 41
in part, or solubilized with or into, a product, when such 42
product or its packaging further has at least one of the 43
following attributes: 44
a. Resembles the trade dress of a branded food product, 45
consumer food product, or logo food product; 46
b. Incorporates an actual or fake registered copyright, 47
service mark, or tradema rk; 48
c. Resembles candy, cereal, a gummy, a vitamin, or a 49
chewable product, such as a gum or gelatin -based product; or 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
d. Contains a cartoon character imprint. 51
Section 2. Paragraph (c) of subsection (1) of section 52
893.135, Florida Statutes, is amend ed to read: 53
893.135 Trafficking; mandatory sentences; suspension or 54
reduction of sentences; conspiracy to engage in trafficking. — 55
(1) Except as authorized in this chapter or in chapter 499 56
and notwithstanding the provisions of s. 893.13: 57
(c)1. A person who knowingly sells, purchases, 58
manufactures, delivers, or brings into this state, or who is 59
knowingly in actual or constructive possession of, 4 grams or 60
more of any morphine, opium, hydromorphone, or any salt, 61
derivative, isomer, or salt of an isomer thereof, including 62
heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or 63
(3)(c)4., or 4 grams or more of any mixture containing any such 64
substance, but less than 30 kilograms of such substance or 65
mixture, commits a felony of the first degree, which felony 66
shall be known as "trafficking in illegal drugs," punishable as 67
provided in s. 775.082, s. 775.083, or s. 775.084. If the 68
quantity involved: 69
a. Is 4 grams or more, but less than 14 grams, such person 70
shall be sentenced to a mandatory minimum term of imprisonment 71
of 3 years and shall be ordered to pay a fine of $50,000. 72
b. Is 14 grams or more, but less than 28 grams, such 73
person shall be sentenced to a mandatory minimum term of 74
imprisonment of 15 years and shall be ordered to pay a fine of 75
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$100,000. 76
c. Is 28 grams or more, but less than 30 kilograms, such 77
person shall be sentenced to a mandatory minimum term of 78
imprisonment of 25 years and shall be ordered to pay a fine of 79
$500,000. 80
2. A person who knowingly sells, purchases, manufactures, 81
delivers, or brings into this state, or who is knowingly in 82
actual or constructive possession of, 28 grams or more of 83
hydrocodone, as described in s. 893.03(2)(a)1.k., codeine, as 84
described in s. 893.03(2)(a)1.g., or any salt thereof, or 28 85
grams or more of any mixture containing any such substance, 86
commits a felony of the first degree, which felony shall be 87
known as "trafficking in hydrocodone," punishable as provided in 88
s. 775.082, s. 775.083, or s. 775.084. If the quantity involved: 89
a. Is 28 grams or more , but less than 50 grams, such 90
person shall be sentenced to a mandatory minimum term of 91
imprisonment of 3 years and shall be ordered to pay a fine of 92
$50,000. 93
b. Is 50 grams or more, but less than 100 grams, such 94
person shall be sentenced to a mandatory minimum term of 95
imprisonment of 7 years and shall be ordered to pay a fine of 96
$100,000. 97
c. Is 100 grams or more, but less than 300 grams, such 98
person shall be sentenced to a mandatory minimum term of 99
imprisonment of 15 years and shall be ordered to pay a fine of 100
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$500,000. 101
d. Is 300 grams or more, but less than 30 kilograms, such 102
person shall be sentenced to a mandatory minimum term of 103
imprisonment of 25 years and shall be ordered to pay a fine of 104
$750,000. 105
3. A person who knowingly sells, purchases, m anufactures, 106
delivers, or brings into this state, or who is knowingly in 107
actual or constructive possession of, 7 grams or more of 108
oxycodone, as described in s. 893.03(2)(a)1.q., or any salt 109
thereof, or 7 grams or more of any mixture containing any such 110
substance, commits a felony of the first degree, which felony 111
shall be known as "trafficking in oxycodone," punishable as 112
provided in s. 775.082, s. 775.083, or s. 775.084. If the 113
quantity involved: 114
a. Is 7 grams or more, but less than 14 grams, such person 115
shall be sentenced to a mandatory minimum term of imprisonment 116
of 3 years and shall be ordered to pay a fine of $50,000. 117
b. Is 14 grams or more, but less than 25 grams, such 118
person shall be sentenced to a mandatory minimum term of 119
imprisonment of 7 year s and shall be ordered to pay a fine of 120
$100,000. 121
c. Is 25 grams or more, but less than 100 grams, such 122
person shall be sentenced to a mandatory minimum term of 123
imprisonment of 15 years and shall be ordered to pay a fine of 124
$500,000. 125
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d. Is 100 grams or more, but less than 30 kilograms, such 126
person shall be sentenced to a mandatory minimum term of 127
imprisonment of 25 years and shall be ordered to pay a fine of 128
$750,000. 129
4.a. A person who knowingly sells, purchases, 130
manufactures, delivers, or brings into this state, or who is 131
knowingly in actual or constructive possession of, 4 grams or 132
more of: 133
(I) Alfentanil, as described in s. 893.03(2)(b)1.; 134
(II) Carfentanil, as described in s. 893.03(2)(b)6.; 135
(III) Fentanyl, as described in s. 893.03(2)(b)9.; 136
(IV) Sufentanil, as described in s. 893.03(2)(b)30.; 137
(V) A fentanyl derivative, as described in s. 138
893.03(1)(a)63.; 139
(VI) A controlled substance analog, as described in s. 140
893.0356, of any substance described in sub -sub-subparagraphs 141
(I)-(V); or 142
(VII) A mixture containing any substance described in sub -143
sub-subparagraphs (I)-(VI), 144
145
commits a felony of the first degree, which felony shall be 146
known as "trafficking in dangerous fentanyl or fentanyl 147
analogues," punishable as provided in s. 775.082, s. 775. 083, or 148
s. 775.084. 149
b. If the quantity involved under sub -subparagraph a.: 150
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(I) Is 4 grams or more, but less than 14 grams, such 151
person shall be sentenced to a mandatory minimum term of 152
imprisonment of 7 years , and shall be ordered to pay a fine of 153
$50,000. 154
(II) Is 14 grams or more, but less than 28 grams, such 155
person shall be sentenced to a mandatory minimum term of 156
imprisonment of 20 years , and shall be ordered to pay a fine of 157
$100,000. 158
(III) Is 28 grams or more, such person shall be sentenced 159
to a mandatory minimum term of imprisonment of 25 years , and 160
shall be ordered to pay a fine of $500,000. 161
c. A person 18 years of age or older who violates sub -162
subparagraph a. by knowingly selling or delivering to a minor at 163
least 4 grams of a substance or m ixture listed in sub -164
subparagraph a. shall be sentenced to a mandatory minimum term 165
of not less than 25 years and not exceeding life imprisonment, 166
and shall be ordered to pay a fine of $1 million if the 167
substance or mixture listed in sub -subparagraph a. is in a form 168
that resembles, or is mixed, granulated, absorbed, spray -dried, 169
or aerosolized as or onto, coated on, in whole or in part, or 170
solubilized with or into, a product, when such product or its 171
packaging further has at least one of the following attri butes: 172
(I) Resembles the trade dress of a branded food product, 173
consumer food product, or logo food product; 174
(II) Incorporates an actual or fake registered copyright, 175
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service mark, or trademark; 176
(III) Resembles candy, cereal, a gummy, a vitamin, or a 177
chewable product, such as a gum or gelatin -based product; or 178
(IV) Contains a cartoon character imprint. 179
5. A person who knowingly sells, purchases, manufactures, 180
delivers, or brings into this state, or who is knowingly in 181
actual or constructive posses sion of, 30 kilograms or more of 182
any morphine, opium, oxycodone, hydrocodone, codeine, 183
hydromorphone, or any salt, derivative, isomer, or salt of an 184
isomer thereof, including heroin, as described in s. 185
893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kil ograms or 186
more of any mixture containing any such substance, commits the 187
first degree felony of trafficking in illegal drugs. A person 188
who has been convicted of the first degree felony of trafficking 189
in illegal drugs under this subparagraph shall be punish ed by 190
life imprisonment and is ineligible for any form of 191
discretionary early release except pardon or executive clemency 192
or conditional medical release under s. 947.149. However, if the 193
court determines that, in addition to committing any act 194
specified in this paragraph: 195
a. The person intentionally killed an individual or 196
counseled, commanded, induced, procured, or caused the 197
intentional killing of an individual and such killing was the 198
result; or 199
b. The person's conduct in committing that act led to a 200
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natural, though not inevitable, lethal result, 201
202
such person commits the capital felony of trafficking in illegal 203
drugs, punishable as provided in ss. 775.082 and 921.142. A 204
person sentenced for a capital felony under this paragraph shall 205
also be sentenced to pay the maximum fine provided under 206
subparagraph 1. 207
6. A person who knowingly brings into this state 60 208
kilograms or more of any morphine, opium, oxycodone, 209
hydrocodone, codeine, hydromorphone, or any salt, derivative, 210
isomer, or salt of an isomer th ereof, including heroin, as 211
described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 212
60 kilograms or more of any mixture containing any such 213
substance, and who knows that the probable result of such 214
importation would be the death of a person, commit s capital 215
importation of illegal drugs, a capital felony punishable as 216
provided in ss. 775.082 and 921.142. A person sentenced for a 217
capital felony under this paragraph shall also be sentenced to 218
pay the maximum fine provided under subparagraph 1. 219
7. A person who knowingly sells, purchases, manufactures, 220
delivers, or brings into this state, or who is knowingly in 221
actual or constructive possession of, 4 grams or more of 222
xylazine, as described in s. 893.03(1)(c)37., or any salt 223
thereof, or 4 grams or more o f any mixture containing any such 224
substance, commits a felony of the first degree, which felony 225
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shall be known as "trafficking in xylazine," punishable as 226
provided in s. 775.082, s. 775.083, or s. 775.084. If the 227
quantity involved: 228
a. Is 4 grams or more, but less than 14 grams, such person 229
shall be sentenced to a mandatory minimum term of imprisonment 230
of 7 years and shall be ordered to pay a fine of $50,000. 231
b. Is 14 grams or more, but less than 28 grams, such 232
person shall be sentenced to a mandatory mi nimum term of 233
imprisonment of 20 years and shall be ordered to pay a fine of 234
$100,000. 235
c. Is 28 grams or more, such person shall be sentenced to 236
a mandatory minimum term of imprisonment of 25 years and shall 237
be ordered to pay a fine of $500,000. 238
Section 3. This act shall take effect October 1, 2025. 239