FL H0797

Adds subsection (8) to section 893.135 permitting defendants convicted of drug trafficking involving prescription drug mixtures to request departure from mandatory minimum sentences under specified conditions.

Allows prosecuting attorney, defendant, or defendant's counsel to move the sentencing court for a sentence departure if the violation involved only a prescription drug mixture.

Court may grant departure only if four criteria are met: no physical force used, no serious bodily injury or death resulted, defendant was not armed with any firearm or deadly weapon, and defendant has no prior convictions for felonies listed in section 775.084(1)(b)1.

When considering departure, sentencing court may consider relevant facts including sentencing report, arrest record, substance abuse or mental illness history, and likelihood that alternative sentences would achieve deterrent effect or rehabilitation.

Court must state specific reasons in open court for imposing alternative sentence and departing from mandatory minimum, effective July 1, 2016.