eLaws of Florida

  SECTION 921.0026. Mitigating circumstances.  


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  • 1This section applies to any felony offense, except any capital felony, committed on or after October 1, 1998.
    19(1) 20A downward departure from the lowest permissible sentence, as calculated according to the total sentence points pursuant to s. 39921.0024, 40is prohibited unless there are circumstances or factors that reasonably justify the downward departure. Mitigating factors to be considered include, but are not limited to, those listed in subsection (2). The imposition of a sentence below the lowest permissible sentence is subject to appellate review under chapter 924, but the extent of downward departure is not subject to appellate review.
    100(2) 101Mitigating circumstances under which a departure from the lowest permissible sentence is reasonably justified include, but are not limited to:
    121(a) 122The departure results from a legitimate, uncoerced plea bargain.
    131(b) 132The defendant was an accomplice to the offense and was a relatively minor participant in the criminal conduct.
    150(c) 151The capacity of the defendant to appreciate the criminal nature of the conduct or to conform that conduct to the requirements of law was substantially impaired.
    177(d) 178The defendant requires specialized treatment for a mental disorder that is unrelated to substance abuse or addiction or for a physical disability, and the defendant is amenable to treatment.
    207(e) 208The need for payment of restitution to the victim outweighs the need for a prison sentence.
    224(f) 225The victim was an initiator, willing participant, aggressor, or provoker of the incident.
    238(g) 239The defendant acted under extreme duress or under the domination of another person.
    252(h) 253Before the identity of the defendant was determined, the victim was substantially compensated.
    266(i) 267The defendant cooperated with the state to resolve the current offense or any other offense.
    282(j) 283The offense was committed in an unsophisticated manner and was an isolated incident for which the defendant has shown remorse.
    303(k) 304At the time of the offense the defendant was too young to appreciate the consequences of the offense.
    322(l) 323The defendant is to be sentenced as a youthful offender.
    333(m) 334The defendant’s offense is a nonviolent felony, the defendant’s Criminal Punishment Code scoresheet total sentence points under s. 352921.0024 353are 60 points or fewer, and the court determines that the defendant is amenable to the services of a postadjudicatory treatment-based drug court program and is otherwise qualified to participate in the program as part of the sentence. For purposes of this paragraph, the term “nonviolent felony” has the same meaning as provided in s. 408948.08(6)409.
    410(n) 411The defendant was making a good faith effort to obtain or provide medical assistance for an individual experiencing a drug-related overdose.
    432(3) 433Except as provided in paragraph (2)(m), the defendant’s substance abuse or addiction, including intoxication at the time of the offense, is not a mitigating factor under subsection (2) and does not, under any circumstances, justify a downward departure from the permissible sentencing range.
History.-s. 8, ch. 97-194; s. 8, ch. 98-204; s. 2, ch. 2009-64; s. 2, ch. 2011-33; s. 3, ch. 2012-36.

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