Title: Offenses Involving Fentanyl or Fentanyl Analogs

Summary: Provides criminal penalties & mandatory minimum term of imprisonment if person sells, manufactures, or delivers, or possesses with intent to sell, manufacture, or deliver, specified substances or mixtures, & such substance or mixture has at least one specified attribute.

Full Text:
An act relating to offenses involving fentanyl or fentanyl analogs; amending s. 893.13, F.S.; providing criminal penalties; providing for a mandatory minimum term of imprisonment if a person sells, manufactures, or delivers or possesses with intent to sell, manufacture, or deliver specified substances or mixtures, and such substance or mixture has at least one specified attribute; amending s. 893.135, F.S.; providing enhanced criminal penalties; providing for a mandatory minimum term of imprisonment if a person commits specified prohibited acts relating to controlled substances, and such substance or mixture has at least one specified attribute; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Paragraph (i) is added to subsection (1) of section 893.13, Florida Statutes, to read: 893.13 Prohibited acts; penalties.-(1) (i) Except as authorized by this chapter, a person commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, and must be sentenced to a ENROLLED CS/CS/HB 1359 2023 Legislature mandatory minimum term of imprisonment of years, if: 1. The person sells, manufactures, or delivers, or possesses with intent to sell, manufacture, or deliver, any of the following: a. Alfentanil, as described in s. 893.03(2)(b)1.; b. Carfentanil, as described in s. 893.03(2)(b)6.; c. Fentanyl, as described in s. 893.03(2)(b)9.; d. Sufentanil, as de scribed in s. 893.03(2)(b)30.; e. A fentanyl derivative, as described in s. 893.03(1)(a)62.; f. A controlled substance analog, as described in s. 893.0356, of any substance described in sub-subparagraphs a.-e.; or g. A mixture containing any substanc edescribed in sub subparagraphs a.-f.; and 2. The substance or mixture listed in subparagraph 1. is in a form that resembles, or is mixed, granulated, absorbed, spray-dried, or aerosolized as or onto, coated on, in whole or in part, or solubilized with or into, a product, when such product or its packaging further has at least one of the following attributes: a. Resembles the trade dress of a branded food product, consumer food product, or logo food product; b. Incorporat es an actual or fake registered copyright, service mark, or trademark; ENROLLED CS/CS/HB 1359 2023 Legislature c. Resembles candy, cereal, a gummy, a vitamin, or a chewable product, such as a gum or gelatin-based product; or d. Contains a cartoon character imprint. Section 2. Paragraph ( c) of subsection (1) of section 893.135, Florida Statutes, is amended to read: 893.135 Trafficking; mandatory sentences; suspension or reduction of sentences; conspiracy to engage in trafficking.-(1) Except as authorized in this chapter or in chapter 58 and notwithstanding the provisions of s. 893.13: (c)1. A person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, grams or more of any morphine, opium, hy dromorphone, or any salt, derivative, isomer, or salt of an isomer thereof, including heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or grams or more of any mixture containing any such substance, but less than kilograms of suc hsubstance or mixture, commits a felony of the first degree, which felony shall be known as "trafficking in illegal drugs," punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved: a. Is grams or more, but less than 4 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of years and shall be ordered to pay a fine of $50,000. b. Is grams or more, but less than grams, such ENROLLED CS/CS/HB 1359 2023 Legislature person shall be sentenced to a mandatory minimum term of imprisonment of years and shall be ordered to pay a fine of $100,000. c. Is grams or more, but less than kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of years and shall be ordered to pay a fine of $500,000. 2. A person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, grams or more of hydrocodone, as described in s. 893.03(2)(a)1.k., codeine, as described in s. 893.03(2)(a)1.g., or any salt thereof, or 87 grams or more of any mixture containing any such substance, commits a felony of the first degree, which felony shall be known as "trafficking in hydrocodone," punishable as provided in s. 775.082, s. 775.083,or s. 775.084. If the quantity involved: a. Is grams or more, but less than grams, such person shall be sentenced to a mandatory minimum term of imprisonment of years and shall be ordered to pay a fine of $50,000. b. Is grams or more, but less than grams, such person shall be sentenced to a mandatory minimum term of imprisonment of years and shall be ordered to pay a fine of $100,000. c. Is grams or more, but less than grams, such ENROLLED CS/CS/HB 1359 2023 Legislature person shall be sentenced to a mandatory min imum term of imprisonment of years and shall be ordered to pay a fine of $500,000. d. Is grams or more, but less than kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of years and shall be ordered to pay a fine of $750,000. 3. A person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, grams or more of oxycodone, as described in s. 893.03(2)(a)1.q., or any salt thereof, or grams or more of any mixture containing any such substance, commits a felony of the first degree, which felony shall be known as "trafficking in oxycodone," punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity inv olved: a. Is grams or more, but less than grams, such person shall be sentenced to a mandatory minimum term of imprisonment of years and shall be ordered to pay a fine of $50,000. b. Is grams or more, but less than grams, such person shall be sentenced to a mandatory minimum term of imprisonment of years and shall be ordered to pay a fine of $100,000. c. Is grams or more, but less than grams, such person shall be sentenced to a mandatory minimum term of ENROLLED CS/CS/HB 1359 2023 Legislature imprisonment of years a nd shall be ordered to pay a fine of $500,000. d. Is grams or more, but less than kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of years and shall be ordered to pay a fine of $750,000. 4.a. A person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, grams or more of: (I) Alfentanil, as described in s. 893.03(2)(b)1.; (II) Carfentanil, as described in s..03(2)(b)6.; (III) Fentanyl, as described in s. 893.03(2)(b)9.; (IV) Sufentanil, as described in s. 893.03(2)(b)30.; (V) A fentanyl derivative, as described in s. 893.03(1)(a)62.; (VI) A controlled substance analog, as described in s. 893.0356, of any substance described in sub-sub-subparagraphs (I)-(V); or (VII) A mixture containing any substance described in sub sub-subparagraphs (I)-(VI), commits a felony of the first degree, which felony shall be known as "trafficking in dangerous fentanyl or fentanyl analogues," punishable as provided in s. 775.082, s. 775.083, or ENROLLED CS/CS/HB 1359 2023 Legislature s. 775.084. b. If the quantity involved under sub-subparagraph a.: (I) Is grams or more, but less than grams, such person shal lbe sentenced to a mandatory minimum term of imprisonment of years, and shall be ordered to pay a fine of $50,000. (II) Is grams or more, but less than grams, such person shall be sentenced to a mandatory minimum term of imprisonment of years,and shall be ordered to pay a fine of $100,000. (III) Is grams or more, such person shall be sentenced to a mandatory minimum term of imprisonment of years, and shall be ordered to pay a fine of $500,000. c. A person years of age or older wh oviolates sub subparagraph a. by knowingly selling or delivering to a minor at least grams of a substance or mixture listed in sub subparagraph a. shall be sentenced to a mandatory minimum term of not less than years and not exceeding life imprisonme nt, and shall be ordered to pay a fine of $1 million if the substance or mixture listed in sub-subparagraph a. is in a form that resembles, or is mixed, granulated, absorbed, spray-dried, or aerosolized as or onto, coated on, in whole or in part, or solubilized with or into, a product, when such product or its packaging further has at least one of the following attributes: (I) Resembles the trade dress of a branded food product, ENROLLED CS/CS/HB 1359 2023 Legislature consumer food product, or logo food product; (II) Incorporates an actual or fake registered copyright, service mark, or trademark; (III) Resembles candy, cereal, a gummy, a vitamin, or a chewable product, such as a gum or gelatin-based product; or (IV) Contains a cartoon character imprint. 5. A person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, kilograms or more of any morphine, opium, oxycodone, hydrocodone, codeine, hydromorphone, or any salt, derivative, isomer, or salt of an isomer thereof, including heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or kilograms or more of any mixture containing any such substance, commits the first degree felony of trafficking in illegal drugs. A person who has been convicted of the first degree felony of trafficking in illegal drugs under this subparagraph shall be punished by life imprisonment and is ineligible for any form of discretionary early release except pardon or executive clemency or conditional medica lrelease under s. 947.149. However, if the court determines that, in addition to committing any act specified in this paragraph: a. The person intentionally killed an individual or counseled, commanded, induced, procured, or caused the intentional killi ng of an individual and such killing was the ENROLLED CS/CS/HB 1359 2023 Legislature result; or b. The person's conduct in committing that act led to a natural, though not inevitable, lethal result, such person commits the capital felony of trafficking in illegal drugs, punishable as provided in ss. 775.082 and 921.142. A person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1. 6. A person who knowingly brings into this state 210 kilograms or more of any morphine,opium, oxycodone, hydrocodone, codeine, hydromorphone, or any salt, derivative, isomer, or salt of an isomer thereof, including heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or kilograms or more of any mixture containing any such substance, and who knows that the probable result of such importation would be the death of a person, commits capital importation of illegal drugs, a capital felony punishable as provided in ss. 775.082 and 921.142. A person sentenced for a capital fe lony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1. Section 3. This act shall take effect October 1, 2023.