Florida Senate - 2014                              CS for SB 328
       
       
        
       By the Committee on Criminal Justice; and Senators Joyner and
       Clemens
       
       
       
       
       591-02080-14                                           2014328c1
    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 mandatory term of imprisonment for a
    5         drug trafficking violation; authorizing the state
    6         attorney to file an objection to the motion;
    7         authorizing the sentencing court to grant the motion
    8         if the court finds that the defendant has demonstrated
    9         by a preponderance of the evidence that specified
   10         criteria are met; providing an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Present subsection (7) of section 893.135,
   15  Florida Statutes, is redesignated as subsection (8), and a new
   16  subsection (7) is added to that section, to read:
   17         893.135 Trafficking; mandatory sentences; suspension or
   18  reduction of sentences; conspiracy to engage in trafficking.—
   19         (7)(a) If a defendant is convicted of a violation of this
   20  section, the defendant may move the sentencing court to depart
   21  from the 3-year mandatory minimum term of imprisonment and the
   22  mandatory fine that would apply to the conviction absent a
   23  departure. The state attorney may file an objection to the
   24  motion.
   25         (b) The court may grant the motion if the court finds that
   26  the defendant has demonstrated by a preponderance of the
   27  evidence that all of the following criteria are met:
   28         1. The defendant has not previously moved to depart from a
   29  3-year mandatory minimum term and mandatory fine pursuant to
   30  this subsection.
   31         2. The defendant’s violation of this section would be
   32  subject to a 3-year mandatory minimum term and mandatory fine
   33  absent a departure.
   34         3. The defendant’s violation of this section involves
   35  possession of one of the following controlled substances or a
   36  mixture that contains the controlled substance:
   37         a. Cocaine;
   38         b. Hydrocodone;
   39         c. Oxycodone;
   40         d. Any controlled substance as described in paragraph
   41  (1)(c);
   42         e. Phencyclidine;
   43         f. Amphetamine or Methamphetamine;
   44         g. Flunitrazepam;
   45         h. A phenethylamine as described in subparagraph (1)(k)1.;
   46  or
   47         i. Lysergic acid diethylamide (LSD).
   48         4. The defendant did not possess the controlled substance
   49  or mixture containing the controlled substance with the intent
   50  to sell, manufacture, or deliver the substance or mixture.
   51         5. The defendant did not obtain the controlled substance or
   52  mixture containing the controlled substance by using a minor to
   53  obtain the substance or mixture.
   54         6. In committing the violation of this section, the
   55  defendant did not possess or threaten to use a firearm or deadly
   56  weapon, or threaten to use or use physical force against another
   57  person.
   58         7. The defendant does not have a previous conviction,
   59  adjudication of delinquency, or withhold of adjudication of
   60  guilt for a violation this section.
   61         8. The defendant does not have a previous conviction,
   62  adjudication of delinquency, or withhold of adjudication of
   63  guilt for a violation of s. 893.13 which involved the sale,
   64  manufacture, or delivery of a controlled substance, or the
   65  possession with intent to sell, manufacture, or deliver a
   66  controlled substance.
   67         9. The defendant is amenable to substance abuse treatment
   68  if the court determines that he or she is in need of such
   69  treatment.
   70         Section 2. This act shall take effect July 1, 2014.