Florida Senate - 2015                              CS for SB 464
       
       
        
       By the Committee on Fiscal Policy; and Senator Joyner
       
       
       
       
       
       594-04435-15                                           2015464c1
    1                        A bill to be entitled                      
    2         An act relating to controlled substances; amending s.
    3         893.135, F.S.; authorizing a defendant to move to
    4         depart from the 3-year mandatory minimum term of
    5         imprisonment and from the mandatory fine for a drug
    6         trafficking violation involving a specified quantity
    7         of a specified controlled substance; authorizing the
    8         state attorney to file an objection to the motion;
    9         authorizing the sentencing court to grant the motion
   10         if the court finds that the defendant has demonstrated
   11         by a preponderance of the evidence that specified
   12         criteria are met; providing an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Present subsection (7) of section 893.135,
   17  Florida Statutes, is redesignated as subsection (8), and a new
   18  subsection (7) is added to that section, to read:
   19         893.135 Trafficking; mandatory sentences; suspension or
   20  reduction of sentences; conspiracy to engage in trafficking.—
   21         (7)(a) If a defendant is convicted of a violation of this
   22  section, the defendant may move the sentencing court to depart
   23  from the 3-year mandatory minimum term of imprisonment and the
   24  mandatory fine that would apply to the conviction absent a
   25  departure. The state attorney may file an objection to the
   26  motion.
   27         (b) The court may grant the motion if the court finds that
   28  the defendant has demonstrated by a preponderance of the
   29  evidence that all of the following criteria are met:
   30         1. The defendant has not previously benefited by a
   31  departure from the 3-year mandatory minimum term and mandatory
   32  fine pursuant to this subsection.
   33         2. The defendant’s violation of this section would be
   34  subject to a 3-year mandatory minimum term and mandatory fine
   35  absent a departure.
   36         3. The defendant’s violation of this section involves
   37  possession of one of the following controlled substances or a
   38  mixture that contains one of the following controlled
   39  substances:
   40         a. Not more than 34 grams of cocaine;
   41         b. Not more than 17 grams of hydrocodone;
   42         c. Not more than 8 grams of oxycodone;
   43         d. Not more than 6 grams of any controlled substance as
   44  described in subparagraph (1)(c)1.;
   45         e. Not more than 34 grams of phencyclidine;
   46         f. Not more than 17 grams of amphetamine or
   47  methamphetamine;
   48         g. Not more than 6 grams of flunitrazepam;
   49         h. Not more than 20 grams of a Phenethylamine as described
   50  in subparagraph (1)(k)1.; or
   51         i. Not more than 2 grams of lysergic acid diethylamide
   52  (LSD).
   53         4. The defendant did not possess the controlled substance
   54  or mixture containing the controlled substance with the intent
   55  to sell, manufacture, or deliver the substance or mixture.
   56         5. The defendant did not obtain the controlled substance or
   57  mixture containing the controlled substance by using a minor to
   58  obtain the substance or mixture.
   59         6. In committing the violation of this section, the
   60  defendant did not possess or threaten to use a firearm or deadly
   61  weapon, or threaten to use or use physical force against another
   62  person.
   63         7. The defendant does not have a previous conviction for or
   64  has not had adjudication withheld for a violation of this
   65  section.
   66         8. The defendant does not have a previous conviction for,
   67  does not have an adjudication of delinquency for, or has not had
   68  adjudication withheld for a violation of s. 893.13 which
   69  involved the sale, manufacture, or delivery of a controlled
   70  substance or the possession with intent to sell, manufacture, or
   71  deliver a controlled substance.
   72         9. The defendant does not have a previous conviction for,
   73  does not have an adjudication of delinquency for, or has not had
   74  adjudication withheld for committing, or attempting, soliciting,
   75  or conspiring to commit, any of the criminal offenses proscribed
   76  in the following statutes in this state or similar offenses in
   77  another jurisdiction:
   78         a. Section 393.135(2);
   79         b. Section 394.4593(2);
   80         c. Section 787.01, s. 787.02, or s. 787.025(2)(c), if the
   81  victim is a minor and the defendant is not the victim’s parent
   82  or guardian;
   83         d. Section 787.06(3)(b), (d), (f), or (g);
   84         e. Section 794.011, excluding s. 794.011(10);
   85         f. Section 794.05;
   86         g. Former s. 796.03;
   87         h. Former s. 796.035;
   88         i. Section 800.04;
   89         j. Section 810.145(8);
   90         k. Section 825.1025;
   91         l. Section 827.071;
   92         m. Section 847.0133;
   93         n. Section 847.0135, excluding s. 847.0135(6);
   94         o. Section 847.0137;
   95         p. Section 847.0138;
   96         q. Section 847.0145;
   97         r. Section 916.1075(2);
   98         s. Section 985.701(1); or
   99         t. Any offense similar to those listed in sub-subparagraphs
  100  a.-s. which was committed in this state and which has been
  101  redesignated from a former statute number to one of those listed
  102  in this subparagraph.
  103         10. The defendant is amenable to substance abuse treatment
  104  if the court determines that he or she is in need of such
  105  treatment.
  106         Section 2. This act shall take effect July 1, 2015.