Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. PCS (776730) for CS for SB 346
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Appropriations (Bradley) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete lines 56 - 92
    4  and insert:
    5  purchases, or possesses with the intent to purchase under any of
    6  the following circumstances may not be imprisoned for a term
    7  longer than 12 months:
    8         (a)Less than 2 grams of a controlled substance, other than
    9  fentanyl or any substance or mixture described in s.
   10  893.135(1)(c)4.a.(I)-(VII).
   11         (b)Twenty-five or fewer tablets, capsules, pills,
   12  transdermal patches, units of sublingual gelatin, or other
   13  visually distinctive forms, with a clear manufacturer marking on
   14  each unit, of a commercial drug product approved by the United
   15  States Food and Drug Administration and manufactured and
   16  distributed by a pharmaceutical company lawfully doing business
   17  in the United States.
   18         Section 2. Present subsections (6) and (7) of section
   19  893.135, Florida Statutes, are redesignated as subsections (7)
   20  and (8), respectively, and a new subsection (6) is added to that
   21  section, to read:
   22         893.135 Trafficking; mandatory sentences; suspension or
   23  reduction of sentences; conspiracy to engage in trafficking.—
   24         (6) Notwithstanding any provision of this section, a court
   25  may impose a sentence for a violation of this section other than
   26  the mandatory minimum term of imprisonment and mandatory fine if
   27  the court finds on the record that all of the following
   28  circumstances exist:
   29         (a)The defendant has no prior conviction for a forcible
   30  felony as defined in s. 776.08.
   31         (b)The defendant did not use violence or credible threats
   32  of violence, or possess a firearm or other dangerous weapon, or
   33  induce another participant to use violence or credible threats
   34  of violence, in connection with the offense.
   35         (c)The offense did not result in the death of or serious
   36  bodily injury to any person.
   37         (d)The defendant was not an organizer, leader, manager, or
   38  supervisor of others in the offense and was not engaged in a
   39  continuing criminal enterprise as defined in s. 893.20.
   40         (e)At the time of the sentencing hearing or earlier, the
   41  defendant has truthfully provided to the state all information
   42  and evidence that he or she possesses concerning the offense or
   43  offenses that were part of the same course of conduct or of a
   44  common scheme or plan.
   45         (f)The defendant has not previously benefited from the
   46  application of this subsection.
   48  A court may not apply this subsection to an offense under this
   49  section which carries a mandatory minimum term of imprisonment
   50  of 25 years, unless the offense is a violation of sub
   51  subparagraph (1)(c)1.c., sub-subparagraph (1)(c)2.d., or sub
   52  subparagraph (1)(c)3.d.
   54  ================= T I T L E  A M E N D M E N T ================
   55  And the title is amended as follows:
   56         Delete lines 6 - 11
   57  and insert:
   58         specified amount of a controlled substance or a
   59         specified number of units or fewer of a commercial
   60         drug product approved by the federal government and
   61         manufactured and distributed by a pharmaceutical
   62         company; providing exceptions; amending s. 893.135,
   63         F.S.; authorizing a court to impose a sentence other
   64         than a mandatory minimum term of imprisonment and
   65         mandatory fine for a person convicted of trafficking
   66         if the court makes certain findings on the record;
   67         providing applicability; creating s. 900.06,