FL S0464

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

Requires defendants to demonstrate by preponderance of the evidence that they meet 10 specific criteria, including not having previously benefited from such a departure and having no prior trafficking convictions.

Limits departures to defendants possessing specific maximum quantities of controlled substances, including 34 grams of cocaine, 17 grams of hydrocodone, 8 grams of oxycodone, 6 grams of flunitrazepam, and 2 grams of LSD.

Bars defendants from receiving a departure if they possessed the substance with intent to sell or manufacture, used a minor to obtain it, possessed a firearm or weapon during the offense, or have certain prior convictions related to drug sales or serious crimes against persons.

Effective date: July 1, 2015.