Florida Senate - 2019 SB 1030 By Senator Bracy 11-01395-19 20191030__ 1 A bill to be entitled 2 An act relating to mitigating circumstances in 3 sentencing; amending s. 921.0026, F.S.; revising the 4 mitigating circumstances under which a departure from 5 the lowest permissible sentence is justified, to 6 include when a defendant is amenable to treatment and 7 he or she requires specialized treatment for a certain 8 substance addiction; providing an effective date. 9 10 Be It Enacted by the Legislature of the State of Florida: 11 12 Section 1. Paragraph (d) of subsection (2) of section 13 921.0026, Florida Statutes, is amended to read: 14 921.0026 Mitigating circumstances.—This section applies to 15 any felony offense, except any capital felony, committed on or 16 after October 1, 1998. 17 (2) Mitigating circumstances under which a departure from 18 the lowest permissible sentence is reasonably justified include, 19 but are not limited to: 20 (d) The defendant requires specialized treatment for a 21 mental disorder, a substance addiction that predates the date of 22 the offense, or
that is unrelated to substance abuse or23 addiction or fora physical disability, and the defendant is 24 amenable to treatment. 25 Section 2. This act shall take effect July 1, 2019.