Florida Statute 27.366 - Full Text and Legal Analysis

The 2025 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 CourtListener

Amendments to 27.366

Annotations, Discussions, Cases:

Cases Citing Statute 27.366

Total Results: 6

State v. Vanderhoff

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

District Court of Appeal of Florida | Filed: Jun 19, 2009 | Docket: 1157940

Cited 5 times | Published

2001); see also § 775.087(2), Fla. Stat. (2005); § 27.366(1), Fla. Stat. (2005). The discussion that occurred

Connolly, Jr. v. State

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

District Court of Appeal of Florida | Filed: Jul 29, 2015 | Docket: 2679137

Cited 3 times | Published

relying upon the legislative intent contained in section 27.366, Florida Statutes. See majority op. at 922-23

Clowers v. State

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

District Court of Appeal of Florida | Filed: Apr 13, 2010 | Docket: 2540516

Cited 2 times | Published

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

State v. Kelly

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

District Court of Appeal of Florida | Filed: Sep 10, 2014 | Docket: 1185178

Cited 1 times | Published

087(2)(a) l.c, (b), Fla. Stat. (2014). While section' 27.366 of the Florida Statutes accords prosecutors

State v. Kelly

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

District Court of Appeal of Florida | Filed: May 21, 2014 | Docket: 60240519

Published

087(2)(a)l.c, (b), Fla. Stat. (2014). While section 27.366 of the Florida Statutes accords prosecutors

Losh v. State

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

District Court of Appeal of Florida | Filed: Jan 5, 2011 | Docket: 2408473

Published

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