FL S0328

Allows defendants convicted of drug trafficking under section 893.135, F.S. to move the sentencing court to depart from the mandatory 3-year minimum prison sentence and mandatory fine.

State attorney may file an objection to the defendant's motion for departure from mandatory sentencing.

Court may grant the motion if defendant proves by preponderance of evidence that all nine criteria are met, including: no prior similar motions, involvement of specified controlled substances (cocaine, hydrocodone, oxycodone, phencyclidine, amphetamine, methamphetamine, flunitrazepam, phenethylamines, or LSD), and no intent to sell or distribute.

Additional eligibility criteria require defendant did not use minors to obtain drugs, did not possess weapons or use violence, has no prior convictions for trafficking violations or controlled substance sales, and is amenable to substance abuse treatment if needed.

Effective date is July 1, 2014.