Florida Senate - 2018                                     SB 694
       
       
        
       By Senator Brandes
       
       
       
       
       
       24-00431A-18                                           2018694__
    1                        A bill to be entitled                      
    2         An act relating to mandatory sentences; amending s.
    3         893.135, F.S.; authorizing a court to issue a sentence
    4         shorter than a mandatory minimum term of imprisonment
    5         for a person convicted of trafficking if the court
    6         makes certain findings on the record; providing an
    7         effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Present subsections (6) and (7) of section
   12  893.135, Florida Statutes, are redesignated as subsections (7)
   13  and (8), respectively, and a new subsection (6) is added to that
   14  section, to read:
   15         893.135 Trafficking; mandatory sentences; suspension or
   16  reduction of sentences; conspiracy to engage in trafficking.—
   17         (6) Notwithstanding any mandatory minimum term of
   18  imprisonment under this section, the court may sentence a person
   19  who has been convicted of an offense under this section to a
   20  term of imprisonment less than the mandatory minimum if the
   21  court finds on the record that all of the following
   22  circumstances exist:
   23         (a) The person did not engage in a continuing criminal
   24  enterprise as defined in s. 893.20(1).
   25         (b) The person did not use or threaten violence or use a
   26  weapon during the commission of the crime.
   27         (c) The person did not cause a death or serious bodily
   28  injury.
   29         Section 2. This act shall take effect July 1, 2018.