Bill Text: FL S1030 | 2019 | Regular Session | Comm Sub
Bill Title: Mitigating Circumstances in Sentencing
Spectrum: Bipartisan Bill
Status: (Failed) 2019-05-03 - Died in Appropriations [S1030 Detail]
Download: Florida-2019-S1030-Comm_Sub.html
Florida Senate - 2019 CS for SB 1030 By the Committee on Criminal Justice; and Senator Bracy 591-03157-19 20191030c1 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 reasonably 6 justified; authorizing mitigation of the lowest 7 permissible sentence when a defendant requires 8 specialized treatment for a certain substance 9 addiction and is amenable to treatment; making 10 technical changes; reenacting ss. 775.08435(1)(c), 11 921.002(3), and 921.00265(1), F.S., relating to the 12 prohibition on withholding adjudication in felony 13 cases, the Criminal Punishment Code, and recommended 14 and departure sentences, respectively, to incorporate 15 the amendment made to s. 921.0026, F.S., in references 16 thereto; providing an effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Section 921.0026, Florida Statutes, is amended 21 to read: 22 921.0026 Mitigating circumstances.—Except as otherwise 23 provided in this section, this section applies to any felony 24 offense, except any capital felony, committed on or after 25 October 1, 1998. 26 (1) A downward departure from the lowest permissible 27 sentence, as calculated according to the total sentence points 28 pursuant to s. 921.0024, is prohibited unless there are 29 circumstances or factors that reasonably justify the downward 30 departure. Mitigating factors to be considered include, but are 31 not limited to, those listed in subsection (2). The imposition 32 of a sentence below the lowest permissible sentence is subject 33 to appellate review under chapter 924, but the extent of 34 downward departure is not subject to appellate review. 35 (2) Mitigating circumstances under which a departure from 36 the lowest permissible sentence is reasonably justified include, 37 but are not limited to: 38 (a) The departure results from a legitimate, uncoerced plea 39 bargain. 40 (b) The defendant was an accomplice to the offense and was 41 a relatively minor participant in the criminal conduct. 42 (c) The capacity of the defendant to appreciate the 43 criminal nature of the conduct or to conform that conduct to the 44 requirements of law was substantially impaired. 45 (d) For an offense committed on or after October 1, 1998, 46 but before July 1, 2019, the defendant requires specialized 47 treatment for a mental disorder that is unrelated to substance 48 abuse or addiction or for a physical disability, and the 49 defendant is amenable to treatment. 50 (e) For an offense committed on or after July 1, 2019, the 51 defendant requires specialized treatment for a mental disorder, 52 a substance addiction that predates the date of the offense, or 53 a physical disability, and the defendant is amenable to 54 treatment. 55 (f)(e)The need for payment of restitution to the victim 56 outweighs the need for a prison sentence. 57 (g)(f)The victim was an initiator, willing participant, 58 aggressor, or provoker of the incident. 59 (h)(g)The defendant acted under extreme duress or under 60 the domination of another person. 61 (i)(h)Before the identity of the defendant was determined, 62 the victim was substantially compensated. 63 (j)(i)The defendant cooperated with the state to resolve 64 the current offense or any other offense. 65 (k)(j)The offense was committed in an unsophisticated 66 manner and was an isolated incident for which the defendant has 67 shown remorse. 68 (l)(k)At the time of the offense the defendant was too 69 young to appreciate the consequences of the offense. 70 (m)(l)The defendant is to be sentenced as a youthful 71 offender. 72 (n)(m)For an offense committed on or after October 1, 73 1998, but before July 1, 2019, the defendant’s offense is a 74 nonviolent felony, the defendant’s Criminal Punishment Code 75 scoresheet total sentence points under s. 921.0024 are 60 points 76 or fewer, and the court determines that the defendant is 77 amenable to the services of a postadjudicatory treatment-based 78 drug court program and is otherwise qualified to participate in 79 the program as part of the sentence. Except as provided in this 80 paragraph, the defendant’s substance abuse or addiction, 81 including intoxication at the time of the offense, is not a 82 mitigating factor for an offense committed on or after October 83 1, 1998, but before July 1, 2019, and does not, under any 84 circumstance, justify a downward departure from the permissible 85 sentencing range. For purposes of this paragraph, the term 86 “nonviolent felony” has the same meaning as provided in s. 87 948.08(6). 88 (o)(n)The defendant was making a good faith effort to 89 obtain or provide medical assistance for an individual 90 experiencing a drug-related overdose. 91(3)Except as provided in paragraph (2)(m), the defendant’s92substance abuse or addiction, including intoxication at the time93of the offense, is not a mitigating factor under subsection (2)94and does not, under any circumstances, justify a downward95departure from the permissible sentencing range. 96 Section 2. For the purpose of incorporating the amendment 97 made by this act to section 921.0026, Florida Statutes, in 98 references thereto, paragraph (c) of subsection (1) of section 99 775.08435, Florida Statutes, is reenacted to read: 100 775.08435 Prohibition on withholding adjudication in felony 101 cases.— 102 (1) Notwithstanding the provisions of s. 948.01, the court 103 may not withhold adjudication of guilt upon the defendant for: 104 (c) A third degree felony that is a crime of domestic 105 violence as defined in s. 741.28, unless: 106 1. The state attorney requests in writing that adjudication 107 be withheld; or 108 2. The court makes written findings that the withholding of 109 adjudication is reasonably justified based on circumstances or 110 factors in accordance with s. 921.0026. 111 Section 3. For the purpose of incorporating the amendment 112 made by this act to section 921.0026, Florida Statutes, in a 113 reference thereto, subsection (3) of section 921.002, Florida 114 Statutes, is reenacted to read: 115 921.002 The Criminal Punishment Code.—The Criminal 116 Punishment Code shall apply to all felony offenses, except 117 capital felonies, committed on or after October 1, 1998. 118 (3) A court may impose a departure below the lowest 119 permissible sentence based upon circumstances or factors that 120 reasonably justify the mitigation of the sentence in accordance 121 with s. 921.0026. The level of proof necessary to establish 122 facts supporting the mitigation of a sentence is a preponderance 123 of the evidence. When multiple reasons exist to support the 124 mitigation, the mitigation shall be upheld when at least one 125 circumstance or factor justifies the mitigation regardless of 126 the presence of other circumstances or factors found not to 127 justify mitigation. Any sentence imposed below the lowest 128 permissible sentence must be explained in writing by the trial 129 court judge. 130 Section 4. For the purpose of incorporating the amendment 131 made by this act to section 921.0026, Florida Statutes, in a 132 reference thereto, subsection (1) of section 921.00265, Florida 133 Statutes, is reenacted to read: 134 921.00265 Recommended sentences; departure sentences; 135 mandatory minimum sentences.—This section applies to any felony 136 offense, except any capital felony, committed on or after 137 October 1, 1998. 138 (1) The lowest permissible sentence provided by 139 calculations from the total sentence points pursuant to s. 140 921.0024(2) is assumed to be the lowest appropriate sentence for 141 the offender being sentenced. A departure sentence is prohibited 142 unless there are mitigating circumstances or factors present as 143 provided in s. 921.0026 which reasonably justify a departure. 144 Section 5. This act shall take effect July 1, 2019.