FL H0741

Allows defendants convicted of drug trafficking to petition the court to depart from the mandatory 3-year minimum prison sentence and mandatory fine, with the state attorney having the right to object.

Requires defendants to prove by preponderance of evidence that they meet 10 specific criteria, including never having previously moved for such a departure and possessing only small quantities of controlled substances (e.g., not more than 34 grams of cocaine, 2 grams of LSD, 8 grams of oxycodone).

Restricts eligibility to defendants who did not possess drugs with intent to sell or manufacture, did not use minors to obtain drugs, did not possess weapons or use force, and have no prior trafficking or drug distribution convictions.

Bars defendants with prior convictions or adjudications for numerous serious crimes including human trafficking, sexual abuse, kidnapping, child endangerment, and exploitation offenses.

Requires defendants to be amenable to substance abuse treatment if the court determines treatment is needed; effective date July 1, 2015.