FL S0084

Allows defendants convicted of drug trafficking under section 893.135 to motion a sentencing court to depart from mandatory minimum 3-year imprisonment and mandatory fines.

State attorney may file an objection to any motion for departure from mandatory minimums.

Court may grant departure if defendant proves by preponderance of evidence that all 10 criteria are met, including no prior benefit from such departure, no prior trafficking convictions, and amenability to substance abuse treatment.

Departure available only for possession of specified controlled substances in limited quantities: cocaine (34g), hydrocodone (17g), oxycodone (8g), phencyclidine (34g), amphetamine/methamphetamine (17g), LSD (2g), and others listed.

Defendant must not have intended to sell, manufacture, or deliver; must not have possessed firearms or used violence; and must not have prior convictions for drug sales or specified violent and sexual crimes.

Effective July 1, 2016.