Florida Statutes
Fla. Stat. § 27.366 (2025)
Legislative intent and policy in cases meeting criteria of s. 775.087(2) and (3).
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 6
cases, 2009–2015 · leading case: Connolly, Jr. v. State, 172 So. 3d 893 (Fla. 3d DCA 2015).
Connolly, Jr. v. State, 172 So. 3d 893 (Fla. 3d DCA 2015). “In section 27.366, Florida Statutes (1999), the Florida Legislature specified that whenever a criminal offender meets the criteria in sections 775.”
State v. Vanderhoff, 14 So. 3d 1185 (Fla. 5th DCA 2009). “See §§ 27.366, 775.087(5), Fla. Stat. (2005).”
Clowers v. State, 31 So. 3d 962 (Fla. 1st DCA 2010). “See § 27.366(1), Fla. Stat. (providing, “[i]t is the intent of the Legislature that convicted criminal offenders who meet the criteria in [sections] 775.”
State v. Kelly, 147 So. 3d 1061 (Fla. 3d DCA 2014). “§ 27.366, Fla. Stat. (2014) (“It is also the intent of the Legislature that prosecutors should appropriately exercise their discretion in those cases in which the offenders’ possession of a firearm is incidental to the commission of a crime and not used in furtherance of the…”
Losh v. State, 51 So. 3d 1188 (Fla. 4th DCA 2011). “5th DCA 2009); § 27.366, Fla. Stat. (2001). While perhaps not intended, this was the effect of the initial plea and sentencing hearing.”
State v. Kelly, 138 So. 3d 1169 (Fla. 3d DCA 2014). “§ 27.366, Fla. Stat. (2014) (“It is also the intent of the Legislature that prosecutors should appropriately exercise their discretion in those cases in which the offenders’ possession of a firearm is incidental to the commission of a crime and not used in furtherance of the…”
— 27.366(1) — 2 cases
State v. Vanderhoff, 14 So. 3d 1185 (Fla. 5th DCA 2009). “See §§ 27.366, 775.087(5), Fla. Stat. (2005).”
Clowers v. State, 31 So. 3d 962 (Fla. 1st DCA 2010). “See § 27.366(1), Fla. Stat. (providing, “[i]t is the intent of the Legislature that convicted criminal offenders who meet the criteria in [sections] 775.”
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