Bill Text: FL S0554 | 2020 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Sentencing
Spectrum: Bipartisan Bill
Status: (Failed) 2020-03-14 - Died in Appropriations [S0554 Detail]
Download: Florida-2020-S0554-Introduced.html
Bill Title: Sentencing
Spectrum: Bipartisan Bill
Status: (Failed) 2020-03-14 - Died in Appropriations [S0554 Detail]
Download: Florida-2020-S0554-Introduced.html
Florida Senate - 2020 SB 554 By Senator Brandes 24-00767-20 2020554__ 1 A bill to be entitled 2 An act relating to sentencing; amending s. 921.0026, 3 F.S.; revising the mitigating circumstances under 4 which a departure from the lowest permissible sentence 5 is reasonably justified; conforming a provision to 6 changes made by the act; reenacting ss. 7 775.08435(1)(b), (c), and (d), 921.002(3), and 8 921.00265(1), F.S., all relating to mitigating 9 circumstances, to incorporate the amendment made to s. 10 921.0026, F.S., in references thereto; providing an 11 effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Section 921.0026, Florida Statutes, is amended 16 to read: 17 921.0026 Mitigating circumstances.—This section applies to 18 any felony offense, except any capital felony, committed on or 19 after October 1, 1998. 20 (1) A downward departure from the lowest permissible 21 sentence, as calculated according to the total sentence points 22 pursuant to s. 921.0024, is prohibited unless there are 23 circumstances or factors that reasonably justify the downward 24 departure. Mitigating factors to be considered include, but are 25 not limited to, those listed in subsection (2). The imposition 26 of a sentence below the lowest permissible sentence is subject 27 to appellate review under chapter 924, but the extent of 28 downward departure is not subject to appellate review. 29 (2) Mitigating circumstances under which a departure from 30 the lowest permissible sentence is reasonably justified include, 31 but are not limited to: 32 (a) The departure results from a legitimate, uncoerced plea 33 bargain. 34 (b) The defendant was an accomplice to the offense and was 35 a relatively minor participant in the criminal conduct. 36 (c) The capacity of the defendant to appreciate the 37 criminal nature of the conduct or to conform that conduct to the 38 requirements of law was substantially impaired. 39 (d) For offenders sentenced on or after October 1, 2020, 40 the defendant requires specialized treatment for substance abuse 41 or addiction, a mental disorder, or a physical disabilityThe42defendant requires specialized treatment for a mental disorder43that is unrelated to substance abuse or addiction or for a44physical disability, and the defendant is amenable to treatment. 45 (e) The need for payment of restitution to the victim 46 outweighs the need for a prison sentence. 47 (f) The victim was an initiator, willing participant, 48 aggressor, or provoker of the incident. 49 (g) The defendant acted under extreme duress or under the 50 domination of another person. 51 (h) Before the identity of the defendant was determined, 52 the victim was substantially compensated. 53 (i) The defendant cooperated with the state to resolve the 54 current offense or any other offense. 55 (j) The offense was committed in an unsophisticated manner 56 and was an isolated incident for which the defendant has shown 57 remorse. 58 (k) At the time of the offense the defendant was too young 59 to appreciate the consequences of the offense. 60 (l) The defendant is to be sentenced as a youthful 61 offender. 62 (m) The defendant’s offense is a nonviolent felony, the 63 defendant’s Criminal Punishment Code scoresheet total sentence 64 points under s. 921.0024 are 60 points or fewer, and the 65 defendant is sentenced for the offense on or after October 1, 66 2020the court determines that the defendant is amenable to the67services of a postadjudicatory treatment-based drug court68program and is otherwise qualified to participate in the program69as part of the sentence. For purposes of this paragraph, the 70 term “nonviolent felony” has the same meaning as provided in s. 71 948.08(6). 72 (n) The defendant was making a good faith effort to obtain 73 or provide medical assistance for an individual experiencing a 74 drug-related overdose. 75(3)Except as provided in paragraph (2)(m), the defendant’s76substance abuse or addiction, including intoxication at the time77of the offense, is not a mitigating factor under subsection (2)78and does not, under any circumstances, justify a downward79departure from the permissible sentencing range.80 Section 2. For the purpose of incorporating the amendment 81 made by this act to section 921.0026, Florida Statutes, in 82 references thereto, paragraphs (b), (c), and (d) of subsection 83 (1) of section 775.08435, Florida Statutes, are reenacted to 84 read: 85 775.08435 Prohibition on withholding adjudication in felony 86 cases.— 87 (1) Notwithstanding the provisions of s. 948.01, the court 88 may not withhold adjudication of guilt upon the defendant for: 89 (b) A second degree felony offense unless: 90 1. The state attorney requests in writing that adjudication 91 be withheld; or 92 2. The court makes written findings that the withholding of 93 adjudication is reasonably justified based on circumstances or 94 factors in accordance with those set forth in s. 921.0026. 95 96 Notwithstanding any provision of this section, no adjudication 97 of guilt shall be withheld for a second degree felony offense if 98 the defendant has a prior withholding of adjudication for a 99 felony that did not arise from the same transaction as the 100 current felony offense. 101 (c) A third degree felony that is a crime of domestic 102 violence as defined in s. 741.28, unless: 103 1. The state attorney requests in writing that adjudication 104 be withheld; or 105 2. The court makes written findings that the withholding of 106 adjudication is reasonably justified based on circumstances or 107 factors in accordance with s. 921.0026. 108 (d) A third degree felony offense if the defendant has a 109 prior withholding of adjudication for a felony offense that did 110 not arise from the same transaction as the current felony 111 offense unless: 112 1. The state attorney requests in writing that adjudication 113 be withheld; or 114 2. The court makes written findings that the withholding of 115 adjudication is reasonably justified based on circumstances or 116 factors in accordance with those set forth in s. 921.0026. 117 118 Notwithstanding any provision of this section, no adjudication 119 of guilt shall be withheld for a third degree felony offense if 120 the defendant has two or more prior withholdings of adjudication 121 for a felony that did not arise from the same transaction as the 122 current felony offense. 123 Section 3. For the purpose of incorporating the amendment 124 made by this act to section 921.0026, Florida Statutes, in a 125 reference thereto, subsection (3) of section 921.002, Florida 126 Statutes, is reenacted to read: 127 921.002 The Criminal Punishment Code.—The Criminal 128 Punishment Code shall apply to all felony offenses, except 129 capital felonies, committed on or after October 1, 1998. 130 (3) A court may impose a departure below the lowest 131 permissible sentence based upon circumstances or factors that 132 reasonably justify the mitigation of the sentence in accordance 133 with s. 921.0026. The level of proof necessary to establish 134 facts supporting the mitigation of a sentence is a preponderance 135 of the evidence. When multiple reasons exist to support the 136 mitigation, the mitigation shall be upheld when at least one 137 circumstance or factor justifies the mitigation regardless of 138 the presence of other circumstances or factors found not to 139 justify mitigation. Any sentence imposed below the lowest 140 permissible sentence must be explained in writing by the trial 141 court judge. 142 Section 4. For the purpose of incorporating the amendment 143 made by this act to section 921.0026, Florida Statutes, in a 144 reference thereto, subsection (1) of section 921.00265, Florida 145 Statutes, is reenacted to read: 146 921.00265 Recommended sentences; departure sentences; 147 mandatory minimum sentences.—This section applies to any felony 148 offense, except any capital felony, committed on or after 149 October 1, 1998. 150 (1) The lowest permissible sentence provided by 151 calculations from the total sentence points pursuant to s. 152 921.0024(2) is assumed to be the lowest appropriate sentence for 153 the offender being sentenced. A departure sentence is prohibited 154 unless there are mitigating circumstances or factors present as 155 provided in s. 921.0026 which reasonably justify a departure. 156 Section 5. This act shall take effect October 1, 2020.