The Florida Senate

¹921.0026  Mitigating circumstances.--

(1)  A downward departure from the permissible sentence is discouraged unless there are circumstances or factors that reasonably justify the downward departure. Mitigating factors to be considered include, but are not limited to, those listed in subsection (2). The imposition of a sentence below the permissible sentencing range is subject to appellate review under chapter 924, but the extent of downward departure is not subject to appellate review.

(2)  Mitigating circumstances under which a departure from the permissible sentencing range is reasonably justified include, but are not limited to:

(a)  The departure results from a legitimate, uncoerced plea bargain.

(b)  The defendant was an accomplice to the offense and was a relatively minor participant in the criminal conduct.

(c)  The capacity of the defendant to appreciate the criminal nature of the conduct or to conform that conduct to the requirements of law was substantially impaired.

(d)  The defendant requires specialized treatment for a mental disorder that is unrelated to substance abuse or addiction or for a physical disability, and the defendant is amenable to treatment.

(e)  The need for payment of restitution to the victim outweighs the need for a prison sentence.

(f)  The victim was an initiator, willing participant, aggressor, or provoker of the incident.

(g)  The defendant acted under extreme duress or under the domination of another person.

(h)  Before the identity of the defendant was determined, the victim was substantially compensated.

(i)  The defendant cooperated with the state to resolve the current offense or any other offense.

(j)  The offense was committed in an unsophisticated manner and was an isolated incident for which the defendant has shown remorse.

(k)  At the time of the offense the defendant was too young to appreciate the consequences of the offense.

(l)  The defendant is to be sentenced as a youthful offender.

(3)  The defendant's substance abuse or addiction, including intoxication at the time of the offense, is not a mitigating factor under subsection (2) and does not, under any circumstances, justify a downward departure from the permissible sentencing range.

History.--s. 8, ch. 97-194.

¹Note.--

A.  Effective October 1, 1998.

B.  Section 2, ch. 97-194, provides that "[t]he Florida Criminal Punishment Code, consisting of sections 921.002-921.0026, Florida Statutes, is established effective October 1, 1998, and applies to any felony committed on or after that date."