Mandatory Minimum Sentences
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SB 602 — Mandatory Minimum Sentences
Last action — Died in Appropriations
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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2In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 2018 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
490 added · 517 removedPlain-language change summary
The updated version of bill SB 602 introduces a provision that allows judges more discretion when sentencing individuals for certain drug trafficking offenses, specifically allowing them to depart from mandatory minimum sentences under certain circumstances. This change could provide a fairer outcome for defendants who may not pose a significant threat or who are involved in less severe cases. Additionally, the definition of what constitutes a "cannabis plant" is clarified to include plants that show clear evidence of root formation, which is important for legal consistency and enforcement. Overall, these amendments aim to create a more just and equitable legal framework for sentencing.
Florida Senate - 2018 CS for SB 602 By Senatorthe BracyCommittee 11-00693-18on 2018602__Criminal AJustice; bill to be entitled An act relating to mandatory minimum sentences;
and Senator Bracy 591-01781-18 2018602c1 A bill to be entitled An act relating to mandatory minimum sentences;
authorizing a court to depart from certain mandatory minimum terms of imprisonment for certain drug trafficking offenses if it makes specified findings;
10 Section 1. Paragraphs (a), (b), and (d) through (n) of subsection (1) of section 893.135, Florida Statutes, are amended and subsection (8) is added to that section, to read:
However, the court may depart from the mandatory minimum term of imprisonment if it makes written findings thatas theprovided violation only involved possession and that a factor, consideration, or circumstance clearly demonstrates that imposing the mandatory minimum term of imprisonment would constitute or result in ansubsection injustice.(8).
4441 For the purpose of this paragraph, a plant, including, but not limited to, a seedling or cutting, is a “cannabis plant” if it has some readily observable evidence of root formation, such as root hairs.
However, the court may depart from the mandatory minimum term of imprisonment if it makes written findings thatas theprovided violation only involved possession and that a factor, consideration, or circumstance clearly demonstrates that imposing the mandatory minimum term of imprisonment would constitute or result in ansubsection injustice.(8).
or b. The person’s conduct in committing that act led to a natural, though not inevitable, lethal result, 10094 such person commits the capital felony of trafficking in cocaine, punishable as provided in ss.
However, the court may depart from the mandatory minimum term of imprisonment if it makes written findings thatas theprovided violation only involved possession and that a factor, consideration, or circumstance clearly demonstrates that imposing the mandatory minimum term of imprisonment would constitute or result in ansubsection injustice.(8).
However, the court may depart from the mandatory minimum term of imprisonment if it makes written findings thatas theprovided violation only involved possession and that a factor, consideration, or circumstance clearly demonstrates that imposing the mandatory minimum term of imprisonment would constitute or result in ansubsection injustice.(8).
However, the court may depart from the mandatory minimum term of imprisonment if it makes written findings thatas theprovided violation only involved possession and that a factor, consideration, or circumstance clearly demonstrates that imposing the mandatory minimum term of imprisonment would constitute or result in ansubsection injustice.(8).
However, the court may depart from the mandatory minimum term of imprisonment if it makes written findings thatas theprovided violation only involved possession and that a factor, consideration, or circumstance clearly demonstrates that imposing the mandatory minimum term of imprisonment would constitute or result in ansubsection injustice.(8).
or b. The person’s conduct in committing that act led to a natural, though not inevitable, lethal result, 276258 such person commits the capital felony of trafficking in flunitrazepam, punishable as provided in ss.
However, the court may depart from the mandatory minimum term of imprisonment if it makes written findings thatas theprovided violation only involved possession and that a factor, consideration, or circumstance clearly demonstrates that imposing the mandatory minimum term of imprisonment would constitute or result in ansubsection injustice.(8).
However, the court may depart from the mandatory minimum term of imprisonment if it makes written findings thatas theprovided violation only involved possession and that a factor, consideration, or circumstance clearly demonstrates that imposing the mandatory minimum term of imprisonment would constitute or result in ansubsection injustice.(8).
However, the court may depart from the mandatory minimum term of imprisonment if it makes written findings thatas theprovided violation only involved possession and that a factor, consideration, or circumstance clearly demonstrates that imposing the mandatory minimum term of imprisonment would constitute or result in ansubsection injustice.(8).
or c. Salt, isomer, ester, or ether or salt of an isomer, ester, or ether of a substance described in sub-subparagraph a., 401374 commits a felony of the first degree, which felony shall be known as “trafficking in phenethylamines,” punishable as provided in s.
However, the court may depart from the mandatory minimum term of imprisonment if it makes written findings thatas theprovided violation only involved possession and that a factor, consideration, or circumstance clearly demonstrates that imposing the mandatory minimum term of imprisonment would constitute or result in ansubsection injustice.(8).
However, the court may depart from the mandatory minimum term of imprisonment if it makes written findings thatas theprovided violation only involved possession and that a factor, consideration, or circumstance clearly demonstrates that imposing the mandatory minimum term of imprisonment would constitute or result in ansubsection injustice.(8).
or b. Mixture containing any substance described in sub subparagraph a., 477444 commits a felony of the first degree, which felony shall be known as “trafficking in synthetic cannabinoids,” punishable as provided in s.
However, the court may depart from the mandatory minimum term of imprisonment if it makes written findings thatas theprovided violation only involved possession and that a factor, consideration, or circumstance clearly demonstrates that imposing the mandatory minimum term of imprisonment would constitute or result in ansubsection injustice.(8).
or b. A mixture containing any substance described in sub subparagraph a., 511475 commits a felony of the first degree, which felony shall be known as “trafficking in n-benzyl phenethylamines,” punishable as provided in s.
However, the court may depart from the mandatory minimum term of imprisonment if it makes written findings thatas theprovided violation only involved possession and that a factor, consideration, or circumstance clearly demonstrates that imposing the mandatory minimum term of imprisonment would constitute or result in ansubsection injustice.(8).
(8) The court may depart from the mandatory minimum term of imprisonment for a violation of this section if the departure is specifically authorized by this section and the court makes the following written findings:
(a) The offense only involved possession.
(b) The offender did not use or threaten violence or use a weapon during the commission of the offense.
(c) The offense did not result in the death or serious bodily injury of a person not a party to the offense.
(d) A factor, consideration, or circumstance clearly demonstrates that imposing the mandatory minimum term of imprisonment would constitute or result in an injustice.
View plain text versions (2)
- S 602 c1 View text Current html
- Introduced S 602 Filed html
Action History
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Died in Appropriations
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Indefinitely postponed and withdrawn from consideration
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Now in Appropriations
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Favorable by Judiciary; YEAS 7 NAYS 3
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On Committee agenda-- Judiciary, 02/06/18, 2:00 pm, 110 Senate Office Building
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CS by Criminal Justice read 1st time
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Introduced
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Now in Judiciary
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Pending reference review under Rule 4.7(2) - (Committee Substitute)
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CS by Criminal Justice; YEAS 5 NAYS 1
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On Committee agenda-- Criminal Justice, 12/04/17, 4:00 pm, 37 Senate Office Building
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On Committee agenda-- Criminal Justice, 11/13/17, 4:00 pm, 37 Senate Office Building --Temporarily Postponed
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Referred to Criminal Justice; Judiciary; Appropriations; Rules
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Filed
Sponsors
- Bracy · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 163 not signed on · 1 voted No
Sponsors (1)
- Bracy
Co-sponsors (0)
None.
Not signed on (163)
163 members have not signed on to this bill.
Show all 163 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 2 | 1 | 0 | 0 |
| Unaffiliated | 5 | 2 | 0 | 0 |
| Total | 7 | 3 | 0 | 0 |
| % of votes cast | 70% | 30% | 0% | 0% |
How each member voted (10)
| Member | Party | Vote |
|---|---|---|
| Flores | — | Yea |
| Gibson | — | Yea |
| Benacquisto | — | Nay |
| Steube | — | Nay |
| Bracy | — | Yea |
| Powell | — | Yea |
| Thurston | — | Yea |
| Bradley, Jennifer | Republican | Yea |
| Garcia, Ileana | Republican | Yea |
| Mayfield, Debbie | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 1 | 0 | 0 | 0 |
| Unaffiliated | 3 | 1 | 0 | 1 |
| Democrat | 1 | 0 | 0 | 0 |
| Total | 5 | 1 | 0 | 1 |
| % of votes cast | 71% | 14% | 0% | 14% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Brandes | — | Yea |
| Baxley | — | Yea |
| Grimsley | — | Nay |
| Bean | — | Not Voting |
| Bracy | — | Yea |
| Rouson, Darryl Ervin | Democrat | Yea |
| Bradley, Jennifer | Republican | Yea |
Subjects
Frequently asked questions
- Who sponsors SB 602?
- SB 602 is sponsored by Bracy.
- What is the current status of SB 602?
- This bill died with 2018 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 602?
- Track SB 602 free on One Click Politics — get push/email alerts when it moves.
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