Florida Legislature Changes Trafficking in Hydrocodone and Oxycodone Laws

It became apparent to those working within the criminal justice system that Florida penalties associated with Hydrocodone and Oxycodone were misaligned with any sense of fairness. More specifically, many people being charged with trafficking offenses were in reality, simply “possessing” the drug. Despite the lack of any desire to sell or deliver these drugs, their possession of a minimal threshold weight was placing them into a minimum state prison dilemma. See: Drug Trafficking in Florida... A Crime You Thought You Understood. State legislators recently came to this same conclusion on April 21st, 2014 with the passage of Committee Substitute for Senate Bill 360.

Brief Summary of Changes in the Law

· The Florida legislature has changed the quantity of Hydrocodone and Oxycodone necessary to qualify as a “trafficking” amount;

· The weight of the drug has been changed relative to each minimum mandatory state prison term;

· The number of minimum mandatory prison term categories has changed from (3) to (4) because we now have a quantity offense that carries a new “seven” year term;

· The fine amounts have been adjusted.

Because the Florida legislature adjourned on 5/2/14, Article III Section 8 of the Florida Constitution permitted Governor Rick Scott 7 days to veto the law. The governor’s failure to timely veto this legislation, means that Trafficking in Oxycodone Florida Statute 893.135(1)(c) and Trafficking in Hydrocodone Florida Statute 893.135(1)(c) are amended and the new laws become effective July 1st, 2014.

Florida Statutes Section 893.135 Minimum Mandatory Penalties

Trafficking in Hydrocodone:
4 grams or more, but less than 14 grams
Currently: 3 years minimum prison sentence + $50,000 fine
However if the offense occurs after 7/01/14 it takes a minimum of
14 grams, but less than 28 grams before the court is required to
impose the 3 year prison term. Florida Statute Section 893.135(1)(c)2

Trafficking in Oxycodone:
4 grams or more, but less than 14 grams
Currently: 3 years minimum prison sentence + $50,000 fine
However if the offense occurs after 7/01/14 it takes a minimum of
7 grams, but less than 14 grams before the court is required to
impose the 3 year prison term. Florida Statute Section 893.135(1)(c)3

St. Petersburg / Clearwater
Pinellas County, Florida
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