TALLAHASSEE — A state Senate panel has approved a measure that would eliminate mandatory minimum sentences for some prescription drug offenses.
The bill (SB 360) passed 5-0 out of the Committee on Criminal Justice on Wednesday, with Chairman Greg Evers, a co-sponsor, calling it a “great bill.”
The legislation only addresses hydrocodone and oxycodone, opioids that treat moderate to severe pain and can cause a heroin-like high for drug abusers.
“This bill addresses the fact that under current state law as few as seven hydrocodone pills can trigger a three-year mandatory minimum term of imprisonment for Floridians,” bill sponsor Sen. Rob Bradley said. “In contrast, a person must possess 28 grams of cocaine to receive a three-year minimum mandatory term.”
The major change would be that 4 grams of pills containing hydrocodone or oxycodone would no longer yield a three-year prison sentence. If passed, at least 14 grams of such pills would trigger the three-year sentence.
Bradley, R-Fleming Island, also pointed out the overall weight of the pill is used when determining charges and the inactive ingredients aren’t subtracted out.
“This is a common-sense solution to what … I would consider, respectfully, to be a flaw in our statutory scheme,” he said.
The change would result in the need for 465 fewer prison beds over the next five years, a total savings of about $43 million, Bradley said.
“I told you it was a wonderful bill,” Evers, R-Baker, said when Bradley finished his estimation.
Evers said the bill is important because so many people convicted under mandatory minimums need treatment and don’t need to be in prison.
The bill cleared with a bipartisan vote, but some would like to see it go further. Sen. Audrey Gibson said she wants to see mandatory minimums eliminated. The Jacksonville Democrat said they do a “disservice” to judges, who can’t adjudicate as they see fit, and more importantly to people caught up in a drug situation that has spiraled out of control.
“I do think that we’re moving in a right direction,” Gibson said.
The bill has two more committee stops before heading to the floor. In December, Evers predicted it would become law during this year’s session.
No groups or senators opposed the bill during committee; it garnered widespread support from the Florida Public Defender Association, the Florida Alcohol & Drug Abuse Association, Florida Prosecuting Attorneys Association, Florida Association of Criminal Defense Lawyers and Families Against Mandatory Minimums.
“This bill goes a long way to solving an obvious problem, and it should be a no-brainer,” said Greg Newburn, Florida director of Families Against Mandatory Minimums.
A bill containing similar language is being workshopped in the House Criminal Justice Subcommittee Thursday.
Fraudulent court orders
The panel also passed 5-0 a committee bill (SPB 7006) in response to the inmates who escaped in October from the Franklin Correctional Institution in Carrabelle using fraudulent court orders. Law enforcement captured the two convicted murderers in Panama City Beach without incident; each had spent at least 10 days out of prison.
The bill would require the Florida Department of Corrections to authenticate court orders altering an inmate’s release date, if it’s earlier than scheduled. The only exception would be if the order also included a confirmation from the judge who issued it or an authorized designee.