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FL H0477
Bill
Status
6/15/2017
Primary Sponsor
Criminal Justice Subcommittee
Click for details
AI Summary
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Expands first-degree murder (capital felony) to include unlawful distribution by a person 18 or older of specified controlled substances—including fentanyl, carfentanil, alfentanil, sufentanil, cocaine, opium, methadone, Schedule I substances, and their controlled substance analogs or mixtures—that proximately cause the victim's death.
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Creates broad class-based scheduling under Schedule I for entire chemical families, including fentanyl derivatives containing a 4-anilidopiperidine structure (23 named compounds), synthetic cannabinoids across 15 structural categories, substituted cathinones (44 compounds), substituted phenethylamines (45 compounds), N-benzyl phenethylamines (19 compounds), substituted tryptamines (27 compounds), and substituted phenylcyclohexylamines (18 compounds), along with five additional individually named substances (W-15, W-18, AH-7921, U47700, MT-45).
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Establishes a new trafficking in fentanyl offense covering alfentanil, carfentanil, fentanyl, sufentanil, fentanyl derivatives, and their analogs or mixtures, with a threshold of 4 grams or more and tiered penalties: 4–14g (3-year mandatory minimum, $50,000 fine), 14–28g (15 years, $100,000), and 28g+ (25 years, $500,000).
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Creates a new trafficking in synthetic cannabinoids offense with a 280-gram threshold and penalties ranging from 3 years/$50,000 (280–500g) to 25 years/$750,000 (30kg+), and a new trafficking in N-benzyl phenethylamines offense with a 14-gram threshold and penalties up to 15 years/$500,000 (200g+).
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Revises existing trafficking statutes for hydrocodone (now including codeine, 14g+ threshold), oxycodone (7g+ threshold), phencyclidine (expanded to include substituted phenylcyclohexylamines), and phenethylamines (updated to reference new class-based scheduling categories rather than individual compounds).
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Elevates possession of more than 10 grams of Schedule II opioids under s. 893.03(2)(b)—including fentanyl, carfentanil, and related substances—to a first-degree felony, expanding a threshold previously limited to Schedule I substances.
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Authorizes crime laboratory personnel within the statewide criminal analysis laboratory system—including analysts, evidence intake personnel, and their supervisors—to possess, store, and administer emergency opioid antagonists alongside law enforcement and emergency medical responders.
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Creates a new statutory provision (s. 893.015) establishing that any reference in Florida law to the Drug Abuse Prevention and Control chapter (ch. 893) automatically includes all subsequent amendments unless expressly stated otherwise.
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Updates the Criminal Punishment Code offense severity ranking chart to incorporate all new and revised drug offenses, ranking trafficking in fentanyl (4–14g), synthetic cannabinoids, and N-benzyl phenethylamines at Level 7 alongside other serious trafficking offenses carrying mandatory minimum sentences.
Legislative Description
Controlled Substances
Last Action
Chapter No. 2017-107, companion bill(s) passed, see CS/HB 505 (Ch. 2017-110)
6/15/2017