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FL S1224

Bill

Status

Failed

3/11/2016

Primary Sponsor

Rene Garcia

Click for details

Origin

Senate

2016 Regular Session

AI Summary

  • Authorizes courts to depart from mandatory minimum sentences for defendants convicted of trafficking in prescription drugs under section 893.135(1)(c).

  • Allows the prosecuting attorney, defendant, or defendant's counsel to motion the sentencing court for departure from the mandatory minimum term of imprisonment.

  • Requires the court to find all four criteria met before granting a departure: no physical force used, no serious bodily injury or death caused, no firearm or deadly weapon involved, and no prior conviction for enumerated felonies listed in section 775.084(1)(b)1.

  • Permits the sentencing court to consider relevant facts including substance abuse history, mental illness, likelihood of rehabilitation, and deterrent effects when determining an alternative sentence.

  • Requires the court to state specific reasons in open court for imposing a sentence less than the mandatory minimum if the motion is granted.

Legislative Description

Sentencing

Last Action

Died in Criminal Justice

3/11/2016

Committee Referrals

Criminal Justice1/11/2016

Full Bill Text

No bill text available