Florida Statute 27.366 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 27
STATE ATTORNEYS; PUBLIC DEFENDERS; RELATED OFFICES

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F.S. 27.366

27.366 Legislative intent and policy in cases meeting criteria of s. 775.087(2) and (3).—It is the intent of the Legislature that convicted criminal offenders who meet the criteria in s. 775.087(2) and (3) be sentenced to the minimum mandatory prison terms provided therein. It is the intent of the Legislature to establish zero tolerance of criminals who use, threaten to use, or avail themselves of firearms in order to commit crimes and thereby demonstrate their lack of value for human life. It is also the intent of the Legislature that prosecutors should appropriately exercise their discretion in those cases in which the offenders’ possession of the firearm is incidental to the commission of a crime and not used in furtherance of the crime, used in order to commit the crime, or used in preparation to commit the crime. For every case in which the offender meets the criteria in this act and does not receive the mandatory minimum prison sentence, the state attorney must explain the sentencing deviation in writing and place such explanation in the case file maintained by the state attorney.

History.—s. 2, ch. 99-12; s. 1, ch. 2011-200; s. 4, ch. 2015-2; s. 3, ch. 2016-7.

F.S. 27.366 on Google Scholar

F.S. 27.366 on Casetext

Amendments to 27.366

Arrestable Offenses / Crimes under Fla. Stat. 27.366

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 27.366.

Annotations, Discussions, Cases:

Cases Citing Statute 27.366

Total Results: 8

Monique Haughton Worrell v. Ron D. DeSantis, Governor

Court: Fla. | Date Filed: 2024-06-06T00:00:00-07:00

Snippet: crimes as set forth in sections 775.087(2)-(3) and 27.366, Florida Statutes (2023). It cites Worrell’s prosecutorial…sentencing enhancements, contravening sections 27.366, 775.082(9), 775.084(1)(b), 775.084(4)(b), 775.087

Eric Patrick Wright v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2017-08-01T00:00:00-07:00

Citation: 225 So. 3d 914

Snippet: 10-20-Life statute provides: Notwithstanding s. 27.366, the sentencing court shall not impose the mandatory

Connolly, Jr. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2015-07-29T00:00:00-07:00

Citation: 172 So. 3d 893, 2015 Fla. App. LEXIS 11352

Snippet: upon the legislative intent contained in section 27.366, Florida Statutes. See majority op. at 922-23. …are two flaws with this position: first, section 27.366 was enacted in 1999, eighteen years after John …Second, and as even the majority concedes, section 27.366, makes no reference whatsoever to the reclassification…chose its words carefully when drafting” section 27.366. . Notably, co-principal’s conviction may also

State v. Kelly

Court: Fla. Dist. Ct. App. | Date Filed: 2014-09-10T00:00:00-07:00

Citation: 147 So. 3d 1061, 2014 Fla. App. LEXIS 14098, 2014 WL 4851776

Snippet: b), Fla. Stat. (2014). While section' 27.366 of the Florida Statutes accords prosecutors with…such leeway has not been accorded to the courts. § 27.366, Fla. Stat. (2014) (“It is also the intent of the

State v. Kelly

Court: Fla. Dist. Ct. App. | Date Filed: 2014-05-21T00:00:00-07:00

Citation: 138 So. 3d 1169, 2014 WL 2116364, 2014 Fla. App. LEXIS 7707

Snippet: 2)(a)l.c, (b), Fla. Stat. (2014). While section 27.366 of the Florida Statutes accords prosecutors with…such leeway has not been accorded to the courts. § 27.366, Fla. Stat. (2014) (“It is also the intent of the

Losh v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2011-01-05T00:00:00-08:00

Citation: 51 So. 3d 1188, 2011 Fla. App. LEXIS 17, 2011 WL 13729

Snippet: Vanderhoff, 14 So.3d 1185, 1189 (Fla. 5th DCA 2009); § 27.366, Fla. Stat. (2001). While perhaps not intended,

Clowers v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2010-04-13T00:00:00-07:00

Citation: 31 So. 3d 962, 2010 Fla. App. LEXIS 4863, 2010 WL 1444885

Snippet: or firearm in the commission of a felony. See § 27.366(1), Fla. Stat. (providing, "[i]t is the intent

State v. Vanderhoff

Court: Fla. Dist. Ct. App. | Date Filed: 2009-06-19T00:00:00-07:00

Citation: 14 So. 3d 1185, 2009 Fla. App. LEXIS 9364, 2009 WL 1703267

Snippet: 2001); see also § 775.087(2), Fla. Stat. (2005); § 27.366(1), Fla. Stat. (2005). The discussion that occurred…minimum mandatory sentence implicated here. See §§ 27.366, 775.087(5), Fla. Stat. (2005). While the State