HB 1703 2003
1	A bill to be entitled
2	An act relating to mitigating factors in certain offenses;
3	amending s. 921.0026, F.S.; providing that the fact that a
4	victim was an initiator, willing participant, aggressor,
5	or provoker of an incident, or consented to an incident,
6	is not a mitigating factor to offenses under ch. 794,
7	F.S., or s. 800.04, F.S., under certain circumstances;
8	providing that the fact a person committed a felony level
9	offense of driving under the influence under s. 316.193 in
10	an unsophisticated manner is not a mitigating factor for
11	such offense; providing an 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
18	to any felony offense, except any capital felony, committed on
19	or 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
33	plea 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) The defendant requires specialized treatment for a
40	mental disorder that is unrelated to substance abuse or
41	addiction or for a physical disability, and the defendant is
42	amenable to treatment.
43	(e) The need for payment of restitution to the victim
44	outweighs the need for a prison sentence.
45	(f) The victim was an initiator, willing participant,
46	aggressor, or provoker of the incident, except as provided in
47	subsection (4).
48	(g) The defendant acted under extreme duress or under the
49	domination of another person.
50	(h) Before the identity of the defendant was determined,
51	the victim was substantially compensated.
52	(i) The defendant cooperated with the state to resolve the
53	current offense or any other offense.
54	(j) The offense was committed in an unsophisticated manner
55	and was an isolated incident for which the defendant has shown
56	remorse, except as provided in subsection (5).
57	(k) At the time of the offense the defendant was too young
58	to appreciate the consequences of the offense.
59	(l) The defendant is to be sentenced as a youthful
60	offender.
61	(3) The defendant's substance abuse or addiction,
62	including intoxication at the time of the offense, is not a
63	mitigating factor under subsection (2) and does not, under any
64	circumstances, justify a downward departure from the permissible
65	sentencing range.
66	(4) The fact that the victim was an initiator, willing
67	participant, aggressor, or provoker of the incident, or
68	consented to the incident, is not a mitigating factor to any
69	offense contained in chapter 794 or s. 800.04 in which consent
70	is not a defense if the offender was more than 3 years older
71	than the victim at the time of the offense. Such fact, under the
72	circumstances provided in this subsection, shall not justify a
73	downward departure from the permissible sentencing range.
74	(5) The fact that the defendant committed the crime in an
75	unsophisticated manner and the commission of the crime was an
76	isolated incident for which the defendant has shown remorse is
77	not a mitigating factor to an offense under s. 316.193(2)(b)1.,
78	(2)(b)3., (3)(c)2., or (3)(c)3. Such fact does not, under any
79	circumstances, justify a downward departure from the permissible
80	sentencing range.
81	Section 2. This act shall take effect upon becoming a law.