Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 1030
       
       
       
       
       
       
                                Ì215974GÎ215974                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/18/2019           .                                
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       The Committee on Criminal Justice (Bracy) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 921.0026, Florida Statutes, is amended
    6  to read:
    7         921.0026 Mitigating circumstances.—Except as otherwise
    8  provided in this section, this section applies to any felony
    9  offense, except any capital felony, committed on or after
   10  October 1, 1998.
   11         (1) A downward departure from the lowest permissible
   12  sentence, as calculated according to the total sentence points
   13  pursuant to s. 921.0024, is prohibited unless there are
   14  circumstances or factors that reasonably justify the downward
   15  departure. Mitigating factors to be considered include, but are
   16  not limited to, those listed in subsection (2). The imposition
   17  of a sentence below the lowest permissible sentence is subject
   18  to appellate review under chapter 924, but the extent of
   19  downward departure is not subject to appellate review.
   20         (2) Mitigating circumstances under which a departure from
   21  the lowest permissible sentence is reasonably justified include,
   22  but are not limited to:
   23         (a) The departure results from a legitimate, uncoerced plea
   24  bargain.
   25         (b) The defendant was an accomplice to the offense and was
   26  a relatively minor participant in the criminal conduct.
   27         (c) The capacity of the defendant to appreciate the
   28  criminal nature of the conduct or to conform that conduct to the
   29  requirements of law was substantially impaired.
   30         (d) For an offense committed on or after October 1, 1998,
   31  but before July 1, 2019, the defendant requires specialized
   32  treatment for a mental disorder that is unrelated to substance
   33  abuse or addiction or for a physical disability, and the
   34  defendant is amenable to treatment.
   35         (e) For an offense committed on or after July 1, 2019, the
   36  defendant requires specialized treatment for a mental disorder,
   37  a substance addiction that predates the date of the offense, or
   38  a physical disability, and the defendant is amenable to
   39  treatment.
   40         (f)(e) The need for payment of restitution to the victim
   41  outweighs the need for a prison sentence.
   42         (g)(f) The victim was an initiator, willing participant,
   43  aggressor, or provoker of the incident.
   44         (h)(g) The defendant acted under extreme duress or under
   45  the domination of another person.
   46         (i)(h) Before the identity of the defendant was determined,
   47  the victim was substantially compensated.
   48         (j)(i) The defendant cooperated with the state to resolve
   49  the current offense or any other offense.
   50         (k)(j) The offense was committed in an unsophisticated
   51  manner and was an isolated incident for which the defendant has
   52  shown remorse.
   53         (l)(k) At the time of the offense the defendant was too
   54  young to appreciate the consequences of the offense.
   55         (m)(l) The defendant is to be sentenced as a youthful
   56  offender.
   57         (n)(m)For an offense committed on or after October 1,
   58  1998, but before July 1, 2019, the defendant’s offense is a
   59  nonviolent felony, the defendant’s Criminal Punishment Code
   60  scoresheet total sentence points under s. 921.0024 are 60 points
   61  or fewer, and the court determines that the defendant is
   62  amenable to the services of a postadjudicatory treatment-based
   63  drug court program and is otherwise qualified to participate in
   64  the program as part of the sentence. Except as provided in this
   65  paragraph, the defendant’s substance abuse or addiction,
   66  including intoxication at the time of the offense, is not a
   67  mitigating factor for an offense committed on or after October
   68  1, 1998, but before July 1, 2019, and does not, under any
   69  circumstance, justify a downward departure from the permissible
   70  sentencing range. For purposes of this paragraph, the term
   71  “nonviolent felony” has the same meaning as provided in s.
   72  948.08(6).
   73         (o)(n) The defendant was making a good faith effort to
   74  obtain or provide medical assistance for an individual
   75  experiencing a drug-related overdose.
   76         (3) Except as provided in paragraph (2)(m), the defendant’s
   77  substance abuse or addiction, including intoxication at the time
   78  of the offense, is not a mitigating factor under subsection (2)
   79  and does not, under any circumstances, justify a downward
   80  departure from the permissible sentencing range.
   81         Section 2. For the purpose of incorporating the amendment
   82  made by this act to section 921.0026, Florida Statutes, in
   83  references thereto, paragraph (c) of subsection (1) of section
   84  775.08435, Florida Statutes, is reenacted to 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         (c) A third degree felony that is a crime of domestic
   90  violence as defined in s. 741.28, unless:
   91         1. The state attorney requests in writing that adjudication
   92  be withheld; or
   93         2. The court makes written findings that the withholding of
   94  adjudication is reasonably justified based on circumstances or
   95  factors in accordance with s. 921.0026.
   96         Section 3. For the purpose of incorporating the amendment
   97  made by this act to section 921.0026, Florida Statutes, in a
   98  reference thereto, subsection (3) of section 921.002, Florida
   99  Statutes, is reenacted to read:
  100         921.002 The Criminal Punishment Code.—The Criminal
  101  Punishment Code shall apply to all felony offenses, except
  102  capital felonies, committed on or after October 1, 1998.
  103         (3) A court may impose a departure below the lowest
  104  permissible sentence based upon circumstances or factors that
  105  reasonably justify the mitigation of the sentence in accordance
  106  with s. 921.0026. The level of proof necessary to establish
  107  facts supporting the mitigation of a sentence is a preponderance
  108  of the evidence. When multiple reasons exist to support the
  109  mitigation, the mitigation shall be upheld when at least one
  110  circumstance or factor justifies the mitigation regardless of
  111  the presence of other circumstances or factors found not to
  112  justify mitigation. Any sentence imposed below the lowest
  113  permissible sentence must be explained in writing by the trial
  114  court judge.
  115         Section 4. For the purpose of incorporating the amendment
  116  made by this act to section 921.0026, Florida Statutes, in a
  117  reference thereto, subsection (1) of section 921.00265, Florida
  118  Statutes, is reenacted to read:
  119         921.00265 Recommended sentences; departure sentences;
  120  mandatory minimum sentences.—This section applies to any felony
  121  offense, except any capital felony, committed on or after
  122  October 1, 1998.
  123         (1) The lowest permissible sentence provided by
  124  calculations from the total sentence points pursuant to s.
  125  921.0024(2) is assumed to be the lowest appropriate sentence for
  126  the offender being sentenced. A departure sentence is prohibited
  127  unless there are mitigating circumstances or factors present as
  128  provided in s. 921.0026 which reasonably justify a departure.
  129         Section 5. This act shall take effect July 1, 2019.
  130  
  131  ================= T I T L E  A M E N D M E N T ================
  132  And the title is amended as follows:
  133         Delete everything before the enacting clause
  134  and insert:
  135                        A bill to be entitled                      
  136         An act relating to mitigating circumstances in
  137         sentencing; amending s. 921.0026, F.S.; revising the
  138         mitigating circumstances under which a departure from
  139         the lowest permissible sentence is reasonably
  140         justified; authorizing mitigation of the lowest
  141         permissible sentence when a defendant requires
  142         specialized treatment for a certain substance
  143         addiction and is amenable to treatment; making
  144         technical changes; reenacting ss. 775.08435(1)(c),
  145         921.002(3), and 921.00265(1), F.S., relating to the
  146         prohibition on withholding adjudication in felony
  147         cases, the Criminal Punishment Code, and recommended
  148         and departure sentences, respectively, to incorporate
  149         the amendment made to s. 921.0026, F.S., in references
  150         thereto; providing an effective date.