Florida Senate - 2018                              CS for SB 694
       
       
        
       By the Committee on Appropriations; and Senators Brandes and
       Bracy
       
       
       
       
       576-03580-18                                           2018694c1
    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; providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Present subsections (6) and (7) of section
   12  893.135, Florida Statutes, are redesignated as subsections (7)
   13  and (8), respectively, and a new subsection (6) is added to that
   14  section, to read:
   15         893.135 Trafficking; mandatory sentences; suspension or
   16  reduction of sentences; conspiracy to engage in trafficking.—
   17         (6) Notwithstanding any provision of this section, a court
   18  may impose a sentence for a violation of this section other than
   19  the mandatory minimum term of imprisonment and mandatory fine if
   20  the court finds on the record that all of the following
   21  circumstances exist:
   22         (a) The person did not engage in a continuing criminal
   23  enterprise as defined in s. 893.20(1).
   24         (b) The person did not use or threaten violence or use a
   25  weapon during the commission of the crime.
   26         (c) The person did not cause a death or serious bodily
   27  injury.
   28         Section 2. This act shall take effect July 1, 2018.