Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. PCS (776730) for CS for SB 346
Ì442030]Î442030
LEGISLATIVE ACTION
Senate . House
Comm: WD .
01/16/2020 .
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The Committee on Appropriations (Bradley) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 56 - 92
4 and insert:
5 purchases, or possesses with the intent to purchase under any of
6 the following circumstances may not be imprisoned for a term
7 longer than 12 months:
8 (a) Less than 2 grams of a controlled substance, other than
9 fentanyl or any substance or mixture described in s.
10 893.135(1)(c)4.a.(I)-(VII).
11 (b) Twenty-five or fewer tablets, capsules, pills,
12 transdermal patches, units of sublingual gelatin, or other
13 visually distinctive forms, with a clear manufacturer marking on
14 each unit, of a commercial drug product approved by the United
15 States Food and Drug Administration and manufactured and
16 distributed by a pharmaceutical company lawfully doing business
17 in the United States.
18 Section 2. Present subsections (6) and (7) of section
19 893.135, Florida Statutes, are redesignated as subsections (7)
20 and (8), respectively, and a new subsection (6) is added to that
21 section, to read:
22 893.135 Trafficking; mandatory sentences; suspension or
23 reduction of sentences; conspiracy to engage in trafficking.—
24 (6) Notwithstanding any provision of this section, a court
25 may impose a sentence for a violation of this section other than
26 the mandatory minimum term of imprisonment and mandatory fine if
27 the court finds on the record that all of the following
28 circumstances exist:
29 (a) The defendant has no prior conviction for a forcible
30 felony as defined in s. 776.08.
31 (b) The defendant did not use violence or credible threats
32 of violence, or possess a firearm or other dangerous weapon, or
33 induce another participant to use violence or credible threats
34 of violence, in connection with the offense.
35 (c) The offense did not result in the death of or serious
36 bodily injury to any person.
37 (d) The defendant was not an organizer, leader, manager, or
38 supervisor of others in the offense and was not engaged in a
39 continuing criminal enterprise as defined in s. 893.20.
40 (e) At the time of the sentencing hearing or earlier, the
41 defendant has truthfully provided to the state all information
42 and evidence that he or she possesses concerning the offense or
43 offenses that were part of the same course of conduct or of a
44 common scheme or plan.
45 (f) The defendant has not previously benefited from the
46 application of this subsection.
47
48 A court may not apply this subsection to an offense under this
49 section which carries a mandatory minimum term of imprisonment
50 of 25 years, unless the offense is a violation of sub
51 subparagraph (1)(c)1.c., sub-subparagraph (1)(c)2.d., or sub
52 subparagraph (1)(c)3.d.
53
54 ================= T I T L E A M E N D M E N T ================
55 And the title is amended as follows:
56 Delete lines 6 - 11
57 and insert:
58 specified amount of a controlled substance or a
59 specified number of units or fewer of a commercial
60 drug product approved by the federal government and
61 manufactured and distributed by a pharmaceutical
62 company; providing exceptions; amending s. 893.135,
63 F.S.; authorizing a court to impose a sentence other
64 than a mandatory minimum term of imprisonment and
65 mandatory fine for a person convicted of trafficking
66 if the court makes certain findings on the record;
67 providing applicability; creating s. 900.06,