The 2023 Florida Statutes (including Special Session C)

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 from cite.case.law:

WRIGHT, v. STATE, 225 So. 3d 914 (Fla. Dist. Ct. App. 2017)

. . . The amendment to the 10-20-Life statute provides: Notwithstanding s. 27.366, the sentencing court shall . . .

J. CONNOLLY, Jr. v. STATE, 172 So. 3d 893 (Fla. Dist. Ct. App. 2015)

. . . during the commission of criminal offenses, relying upon the legislative intent contained in section 27.366 . . . There are two flaws with this position: first, section 27.366 was enacted in 1999, eighteen years after . . . Second, and as even the majority concedes, section 27.366, makes no reference whatsoever to the reclassification . . . its opinion, we must presume that "the Legislature chose its words carefully when drafting” section 27.366 . . . Section 27.366 reads in full as follows: It is the intent of the Legislature that convicted criminal . . . Although section 27.366 is directed to subsections (2) and (3) of section 775.087, because section 775.087 . . .

STATE v. KELLY,, 147 So. 3d 1061 (Fla. Dist. Ct. App. 2014)

. . . While section' 27.366 of the Florida Statutes accords prosecutors with the discretion to waive imposition . . . of minimum mandatory sentences, such leeway has not been accorded to the courts. § 27.366, Fla. . . .

STATE v. KELLY,, 138 So. 3d 1169 (Fla. Dist. Ct. App. 2014)

. . . While section 27.366 of the Florida Statutes accords prosecutors with the discretion to waive imposition . . . of minimum mandatory sentences, such leeway has not been accorded to the courts. § 27.366, Fla. . . .

L. LOSH, v. STATE, 51 So. 3d 1188 (Fla. Dist. Ct. App. 2011)

. . . Vanderhoff, 14 So.3d 1185, 1189 (Fla. 5th DCA 2009); § 27.366, Fla. Stat. (2001). . . .

CLOWERS, v. STATE, 31 So. 3d 962 (Fla. Dist. Ct. App. 2010)

. . . See § 27.366(1), Fla. Stat. . . .

STATE v. VANDERHOFF,, 14 So. 3d 1185 (Fla. Dist. Ct. App. 2009)

. . . Stat. (2005); § 27.366(1), Fla. Stat. (2005). . . . See §§ 27.366, 775.087(5), Fla. Stat. (2005). . . .