Bill Text: FL S0400 | 2019 | Regular Session | Introduced

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Bill Title: Mandatory Sentences

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2019-05-03 - Died in Judiciary [S0400 Detail]

Download: Florida-2019-S0400-Introduced.html

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       Florida Senate - 2019                                     SB 400
       
       
        
       By Senator Brandes
       
       
       
       
       
       24-00751-19                                            2019400__
    1                        A bill to be entitled                      
    2         An act relating to mandatory sentences; amending s.
    3         893.135, F.S.; authorizing a court to impose a
    4         sentence other than a mandatory minimum term of
    5         imprisonment and mandatory fine for a person convicted
    6         of trafficking if the court makes certain findings on
    7         the record; amending s. 893.03, F.S.; conforming a
    8         cross-reference; providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Present subsections (6) and (7) of section
   13  893.135, Florida Statutes, are redesignated as subsections (7)
   14  and (8), respectively, and a new subsection (6) is added to that
   15  section, to read:
   16         893.135 Trafficking; mandatory sentences; suspension or
   17  reduction of sentences; conspiracy to engage in trafficking.—
   18         (6) Notwithstanding any provision of this section, a court
   19  may impose a sentence for a violation of this section other than
   20  the mandatory minimum term of imprisonment and mandatory fine if
   21  the court finds on the record that all of the following
   22  circumstances exist:
   23         (a) The person did not engage in a continuing criminal
   24  enterprise as defined in s. 893.20(1).
   25         (b) The person did not use or threaten violence or use a
   26  weapon during the commission of the crime.
   27         (c) The person did not cause a death or serious bodily
   28  injury.
   29         Section 2. Paragraph (c) of subsection (3) of section
   30  893.03, Florida Statutes, is amended to read:
   31         893.03 Standards and schedules.—The substances enumerated
   32  in this section are controlled by this chapter. The controlled
   33  substances listed or to be listed in Schedules I, II, III, IV,
   34  and V are included by whatever official, common, usual,
   35  chemical, trade name, or class designated. The provisions of
   36  this section shall not be construed to include within any of the
   37  schedules contained in this section any excluded drugs listed
   38  within the purview of 21 C.F.R. s. 1308.22, styled “Excluded
   39  Substances”; 21 C.F.R. s. 1308.24, styled “Exempt Chemical
   40  Preparations”; 21 C.F.R. s. 1308.32, styled “Exempted
   41  Prescription Products”; or 21 C.F.R. s. 1308.34, styled “Exempt
   42  Anabolic Steroid Products.”
   43         (3) SCHEDULE III.—A substance in Schedule III has a
   44  potential for abuse less than the substances contained in
   45  Schedules I and II and has a currently accepted medical use in
   46  treatment in the United States, and abuse of the substance may
   47  lead to moderate or low physical dependence or high
   48  psychological dependence or, in the case of anabolic steroids,
   49  may lead to physical damage. The following substances are
   50  controlled in Schedule III:
   51         (c) Unless specifically excepted or unless listed in
   52  another schedule, any material, compound, mixture, or
   53  preparation containing limited quantities of any of the
   54  following controlled substances or any salts thereof:
   55         1. Not more than 1.8 grams of codeine per 100 milliliters
   56  or not more than 90 milligrams per dosage unit, with an equal or
   57  greater quantity of an isoquinoline alkaloid of opium.
   58         2. Not more than 1.8 grams of codeine per 100 milliliters
   59  or not more than 90 milligrams per dosage unit, with recognized
   60  therapeutic amounts of one or more active ingredients which are
   61  not controlled substances.
   62         3. Not more than 300 milligrams of hydrocodone per 100
   63  milliliters or not more than 15 milligrams per dosage unit, with
   64  a fourfold or greater quantity of an isoquinoline alkaloid of
   65  opium.
   66         4. Not more than 300 milligrams of hydrocodone per 100
   67  milliliters or not more than 15 milligrams per dosage unit, with
   68  recognized therapeutic amounts of one or more active ingredients
   69  that are not controlled substances.
   70         5. Not more than 1.8 grams of dihydrocodeine per 100
   71  milliliters or not more than 90 milligrams per dosage unit, with
   72  recognized therapeutic amounts of one or more active ingredients
   73  which are not controlled substances.
   74         6. Not more than 300 milligrams of ethylmorphine per 100
   75  milliliters or not more than 15 milligrams per dosage unit, with
   76  one or more active, nonnarcotic ingredients in recognized
   77  therapeutic amounts.
   78         7. Not more than 50 milligrams of morphine per 100
   79  milliliters or per 100 grams, with recognized therapeutic
   80  amounts of one or more active ingredients which are not
   81  controlled substances.
   82  
   83  For purposes of charging a person with a violation of s. 893.135
   84  involving any controlled substance described in subparagraph 3.
   85  or subparagraph 4., the controlled substance is a Schedule III
   86  controlled substance pursuant to this paragraph but the weight
   87  of the controlled substance per milliliters or per dosage unit
   88  is not relevant to the charging of a violation of s. 893.135.
   89  The weight of the controlled substance shall be determined
   90  pursuant to s. 893.135(7) s. 893.135(6).
   91         Section 3. This act shall take effect July 1, 2019.