Florida Senate - 2020                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 346
       
       
       
       
       
       
                                Ì170440oÎ170440                         
       
                              LEGISLATIVE ACTION                        
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       Senator Bradley moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 68 - 191
    4  and insert:
    5  the mandatory minimum term of imprisonment and mandatory fine
    6  if, after the state has been afforded an opportunity on the
    7  record to make a recommendation, the court finds on the record
    8  that all of the following circumstances exist:
    9         (a) The defendant has no prior conviction for a forcible
   10  felony as defined in s. 776.08, has no prior conviction for
   11  trafficking in a controlled substance, and has a total prior
   12  record score of less than four points on his or her sentencing
   13  scoresheet.
   14         (b) The defendant did not use violence or credible threats
   15  of violence, or possess a firearm or other dangerous weapon, or
   16  induce another participant to use violence or credible threats
   17  of violence, in connection with the offense.
   18         (c) The offense did not result in the death of or serious
   19  bodily injury to any person.
   20         (d) The defendant was not an organizer, leader, manager, or
   21  supervisor of others in the offense and was not engaged in a
   22  continuing criminal enterprise as defined in s. 893.20.
   23         (e) At the time of the sentencing hearing or earlier, the
   24  defendant has truthfully provided to the state all information
   25  and evidence that he or she possesses concerning the offense or
   26  offenses that were part of the same course of conduct or of a
   27  common scheme or plan.
   28         (f) The defendant has not previously benefited from the
   29  application of this subsection.
   30  
   31  A court may not apply this subsection to an offense under this
   32  section which carries a mandatory minimum term of imprisonment
   33  of 7 years or more.
   34  
   35  ================= T I T L E  A M E N D M E N T ================
   36  And the title is amended as follows:
   37         Delete lines 11 - 31
   38  and insert:
   39         certain findings on the record; amending s. 961.03,
   40         F.S.; revising the