Florida Senate - 2015 SB 1092 By Senator Bullard 39-00170-15 20151092__ 1 A bill to be entitled 2 An act relating to mandatory minimum sentencing; 3 providing a short title; amending s. 775.087, F.S.; 4 authorizing a judge to impose a sentence of less than 5 the mandatory minimum sentence under certain 6 circumstances; requiring the judge to state in writing 7 the reasons for departing from or adhering to the 8 mandatory minimum sentence; providing factors that the 9 judge must consider in deciding whether to depart from 10 the mandatory minimum sentence; providing an effective 11 date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. This act may be cited as “The Alexander-Giles 16 Act.” 17 Section 2. Subsection (7) is added to section 775.087, 18 Florida Statutes, to read: 19 775.087 Possession or use of weapon; aggravated battery; 20 felony reclassification; minimum sentence.— 21 (7) Notwithstanding any other provision of this section, a 22 judge may impose a sentence less than the mandatory minimum 23 sentence if the unique circumstances of the case indicate that 24 the offender does not pose a threat to the public and the 25 mandatory minimum sentence does not fulfill the goal of 26 punishment and other sentencing criteria. 27 (a) The judge shall state in writing his or her reasons for 28 departing from or adhering to the mandatory minimum sentence. 29 (b) In deciding whether to depart from the mandatory 30 minimum sentence, the judge must consider factors, including, 31 but not limited to: 32 1. The defendant’s history as a survivor of domestic 33 violence; 34 2. The defendant’s mental health; and 35 3. Information presented at trial or sentencing which 36 indicates that imposing the mandatory minimum sentence would 37 frustrate justice or the original legislative intent of this 38 section. 39 Section 3. This act shall take effect July 1, 2015.