July 08, 2020
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       ENROLLED
       2010 Legislature                                          SB 808
       
       
       
       
       
       
                                                              2010808er
    1  
    2         An act relating to murder; amending s. 782.04, F.S.;
    3         providing that murder in the first degree includes the
    4         unlawful killing of a human being which resulted from
    5         the unlawful distribution of methadone by a person
    6         aged 18 or older when such drug is proven to be the
    7         proximate cause of the death of the user; providing
    8         penalties; reenacting ss. 775.0823(1) and (2),
    9         782.065(1), 921.0022(3)(i), and 947.146(3)(i), F.S.,
   10         relating to violent offenses committed against law
   11         enforcement officers, correctional officers, state
   12         attorneys, assistant state attorneys, justices, or
   13         judges, murder of law enforcement officer, the
   14         Criminal Punishment Code offense severity ranking
   15         chart, and the Control Release Authority,
   16         respectively, to incorporate the amendment to s.
   17         782.04, F.S., in references thereto; providing an
   18         effective date.
   19  
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Paragraph (a) of subsection (1) of section
   23  782.04, Florida Statutes, is amended to read:
   24         782.04 Murder.—
   25         (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 adult,
   39         j. Aircraft piracy,
   40         k. Unlawful throwing, placing, or discharging of a
   41  destructive device or bomb,
   42         l. Carjacking,
   43         m. Home-invasion robbery,
   44         n. Aggravated stalking,
   45         o. Murder of another human being,
   46         p. Resisting an officer with violence to his or her person,
   47         q. Felony that is an act of terrorism or is in furtherance
   48  of an act of terrorism; or
   49         3. Which resulted from the unlawful distribution of any
   50  substance controlled under s. 893.03(1), cocaine as described in
   51  s. 893.03(2)(a)4., or opium or any synthetic or natural salt,
   52  compound, derivative, or preparation of opium, or methadone by a
   53  person 18 years of age or older, when such drug is proven to be
   54  the proximate cause of the death of the user,
   55  
   56  is murder in the first degree and constitutes a capital felony,
   57  punishable as provided in s. 775.082.
   58         Section 2. For the purpose of incorporating the amendment
   59  made by this act to section 782.04, Florida Statutes, in
   60  references thereto, subsections (1) and (2) of section 775.0823,
   61  Florida Statutes, are reenacted to read:
   62         775.0823 Violent offenses committed against law enforcement
   63  officers, correctional officers, state attorneys, assistant
   64  state attorneys, justices, or judges.—The Legislature does
   65  hereby provide for an increase and certainty of penalty for any
   66  person convicted of a violent offense against any law
   67  enforcement or correctional officer, as defined in s. 943.10(1),
   68  (2), (3), (6), (7), (8), or (9); against any state attorney
   69  elected pursuant to s. 27.01 or assistant state attorney
   70  appointed under s. 27.181; or against any justice or judge of a
   71  court described in Art. V of the State Constitution, which
   72  offense arises out of or in the scope of the officer’s duty as a
   73  law enforcement or correctional officer, the state attorney’s or
   74  assistant state attorney’s duty as a prosecutor or investigator,
   75  or the justice’s or judge’s duty as a judicial officer, as
   76  follows:
   77         (1) For murder in the first degree as described in s.
   78  782.04(1), if the death sentence is not imposed, a sentence of
   79  imprisonment for life without eligibility for release.
   80         (2) For attempted murder in the first degree as described
   81  in s. 782.04(1), a sentence pursuant to s. 775.082, s. 775.083,
   82  or s. 775.084.
   83  
   84  Notwithstanding the provisions of s. 948.01, with respect to any
   85  person who is found to have violated this section, adjudication
   86  of guilt or imposition of sentence shall not be suspended,
   87  deferred, or withheld.
   88         Section 3. For the purpose of incorporating the amendment
   89  made by this act to section 782.04, Florida Statutes, in a
   90  reference thereto, subsection (1) of section 782.065, Florida
   91  Statutes, is reenacted to read:
   92         782.065 Murder; law enforcement officer.—Notwithstanding
   93  ss. 775.082, 775.0823, 782.04, 782.051, and chapter 921, a
   94  defendant shall be sentenced to life imprisonment without
   95  eligibility for release upon findings by the trier of fact that,
   96  beyond a reasonable doubt:
   97         (1) The defendant committed murder in the first degree in
   98  violation of s. 782.04(1) and a death sentence was not imposed;
   99  murder in the second or third degree in violation of s.
  100  782.04(2), (3), or (4); attempted murder in the first or second
  101  degree in violation of s. 782.04(1)(a)1. or (2); or attempted
  102  felony murder in violation of s. 782.051; and
  103         Section 4. For the purpose of incorporating the amendment
  104  made by this act to section 782.04, Florida Statutes, in a
  105  reference thereto, paragraph (i) of subsection (3) of section
  106  921.0022, Florida Statutes, is reenacted to read:
  107         921.0022 Criminal Punishment Code; offense severity ranking
  108  chart.—
  109         (3) OFFENSE SEVERITY RANKING CHART
  110         (i) LEVEL 9
  111  FloridaStatute     FelonyDegree               Description               
  112  316.193(3)(c)3.b.  1st      DUI manslaughter; failing to render aid or give information.
  113  327.35(3)(c)3.b.   1st      BUI manslaughter; failing to render aid or give information.
  114  409.920(2)(b)1.c.  1st      Medicaid provider fraud; $50,000 or more.
  115  499.0051(9)        1st      Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
  116  560.123(8)(b)3.    1st      Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
  117  560.125(5)(c)      1st      Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
  118  655.50(10)(b)3.    1st      Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
  119  775.0844           1st      Aggravated white collar crime.           
  120  782.04(1)          1st      Attempt, conspire, or solicit to commit premeditated murder.
  121  782.04(3)          1st,PBL  Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies.
  122  782.051(1)         1st      Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
  123  782.07(2)          1st      Aggravated manslaughter of an elderly person or disabled adult.
  124  787.01(1)(a)1.     1st,PBL  Kidnapping; hold for ransom or reward or as a shield or hostage.
  125  787.01(1)(a)2.     1st,PBL  Kidnapping with intent to commit or facilitate commission of any felony.
  126  787.01(1)(a)4.     1st,PBL  Kidnapping with intent to interfere with performance of any governmental or political function.
  127  787.02(3)(a)       1st      False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
  128  790.161            1st      Attempted capital destructive device offense.
  129  790.166(2)         1st,PBL  Possessing, selling, using, or attempting to use a weapon of mass destruction.
  130  794.011(2)         1st      Attempted sexual battery; victim less than 12 years of age.
  131  794.011(2)         Life     Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
  132  794.011(4)         1st      Sexual battery; victim 12 years or older, certain circumstances.
  133  794.011(8)(b)      1st      Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
  134  794.08(2)          1st      Female genital mutilation; victim younger than 18 years of age.
  135  800.04(5)(b)       Life     Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
  136  812.13(2)(a)       1st,PBL  Robbery with firearm or other deadly weapon.
  137  812.133(2)(a)      1st,PBL  Carjacking; firearm or other deadly weapon.
  138  812.135(2)(b)      1st      Home-invasion robbery with weapon.       
  139  817.568(7)         2nd,PBL  Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
  140  827.03(2)          1st      Aggravated child abuse.                  
  141  847.0145(1)        1st      Selling, or otherwise transferring custody or control, of a minor.
  142  847.0145(2)        1st      Purchasing, or otherwise obtaining custody or control, of a minor.
  143  859.01             1st      Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
  144  893.135            1st      Attempted capital trafficking offense.   
  145  893.135(1)(a)3.    1st      Trafficking in cannabis, more than 10,000 lbs.
  146  893.135(1)(b)1.c.  1st      Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
  147  893.135(1)(c)1.c.  1st      Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
  148  893.135(1)(d)1.c.  1st      Trafficking in phencyclidine, more than 400 grams.
  149  893.135(1)(e)1.c.  1st      Trafficking in methaqualone, more than 25 kilograms.
  150  893.135(1)(f)1.c.  1st      Trafficking in amphetamine, more than 200 grams.
  151  893.135(1)(h)1.c.  1st      Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
  152  893.135(1)(j)1.c.  1st      Trafficking in 1,4-Butanediol, 10 kilograms or more.
  153  893.135(1)(k)2.c.  1st      Trafficking in Phenethylamines, 400 grams or more.
  154  896.101(5)(c)      1st      Money laundering, financial instruments totaling or exceeding $100,000.
  155  896.104(4)(a)3.    1st      Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
  156         Section 5. For the purpose of incorporating the amendment
  157  made by this act to section 782.04, Florida Statutes, in a
  158  reference thereto, paragraph (i) of subsection (3) of section
  159  947.146, Florida Statutes, is reenacted to read:
  160         947.146 Control Release Authority.—
  161         (3) Within 120 days prior to the date the state
  162  correctional system is projected pursuant to s. 216.136 to
  163  exceed 99 percent of total capacity, the authority shall
  164  determine eligibility for and establish a control release date
  165  for an appropriate number of parole ineligible inmates committed
  166  to the department and incarcerated within the state who have
  167  been determined by the authority to be eligible for
  168  discretionary early release pursuant to this section. In
  169  establishing control release dates, it is the intent of the
  170  Legislature that the authority prioritize consideration of
  171  eligible inmates closest to their tentative release date. The
  172  authority shall rely upon commitment data on the offender
  173  information system maintained by the department to initially
  174  identify inmates who are to be reviewed for control release
  175  consideration. The authority may use a method of objective risk
  176  assessment in determining if an eligible inmate should be
  177  released. Such assessment shall be a part of the department’s
  178  management information system. However, the authority shall have
  179  sole responsibility for determining control release eligibility,
  180  establishing a control release date, and effectuating the
  181  release of a sufficient number of inmates to maintain the inmate
  182  population between 99 percent and 100 percent of total capacity.
  183  Inmates who are ineligible for control release are inmates who
  184  are parole eligible or inmates who:
  185         (i) Are convicted, or have been previously convicted, of
  186  committing or attempting to commit murder in the first, second,
  187  or third degree under s. 782.04(1), (2), (3), or (4), or have
  188  ever been convicted of any degree of murder or attempted murder
  189  in another jurisdiction;
  190  
  191  In making control release eligibility determinations under this
  192  subsection, the authority may rely on any document leading to or
  193  generated during the course of the criminal proceedings,
  194  including, but not limited to, any presentence or postsentence
  195  investigation or any information contained in arrest reports
  196  relating to circumstances of the offense.
  197         Section 6. This act shall take effect October 1, 2010.

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