Florida Statute 921.0026 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 921
SENTENCE

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F.S. 921.0026

921.0026 Mitigating circumstances.—This section applies to any felony offense, except any capital felony, committed on or after October 1, 1998.

(1) A downward departure from the lowest permissible sentence, as calculated according to the total sentence points pursuant to s. 921.0024, is prohibited unless there are circumstances or factors that reasonably justify the downward departure. Mitigating factors to be considered include, but are not limited to, those listed in subsection (2). The imposition of a sentence below the lowest permissible sentence is subject to appellate review under chapter 924, but the extent of downward departure is not subject to appellate review.

(2) Mitigating circumstances under which a departure from the lowest permissible sentence is reasonably justified include, but are not limited to:

(a) The departure results from a legitimate, uncoerced plea bargain.

(b) The defendant was an accomplice to the offense and was a relatively minor participant in the criminal conduct.

(c) The capacity of the defendant to appreciate the criminal nature of the conduct or to conform that conduct to the requirements of law was substantially impaired.

(d) The defendant requires specialized treatment for a mental disorder that is unrelated to substance abuse or addiction or for a physical disability, and the defendant is amenable to treatment.

(e) The need for payment of restitution to the victim outweighs the need for a prison sentence.

(f) The victim was an initiator, willing participant, aggressor, or provoker of the incident.

(g) The defendant acted under extreme duress or under the domination of another person.

(h) Before the identity of the defendant was determined, the victim was substantially compensated.

(i) The defendant cooperated with the state to resolve the current offense or any other offense.

(j) The offense was committed in an unsophisticated manner and was an isolated incident for which the defendant has shown remorse.

(k) At the time of the offense the defendant was too young to appreciate the consequences of the offense.

(l) The defendant is to be sentenced as a youthful offender.

(m) The defendant’s offense is a nonviolent felony, the defendant’s Criminal Punishment Code scoresheet total sentence points under s. 921.0024 are 60 points or fewer, and the court determines that the defendant is amenable to the services of a postadjudicatory treatment-based drug court program and is otherwise qualified to participate in the program as part of the sentence. For purposes of this paragraph, the term “nonviolent felony” has the same meaning as provided in s. 948.08(6).

(n) The defendant was making a good faith effort to obtain or provide medical assistance for an individual experiencing a drug-related overdose.

(3) Except as provided in paragraph (2)(m), the defendant’s substance abuse or addiction, including intoxication at the time of the offense, is not a mitigating factor under subsection (2) and does not, under any circumstances, justify a downward departure from the permissible sentencing range.

History.—s. 8, ch. 97-194; s. 8, ch. 98-204; s. 2, ch. 2009-64; s. 2, ch. 2011-33; s. 3, ch. 2012-36.

F.S. 921.0026 on Google Scholar

F.S. 921.0026 on Casetext

Amendments to 921.0026

Arrestable Offenses / Crimes under Fla. Stat. 921.0026

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 921.0026.

Annotations, Discussions, Cases:

Cases Citing Statute 921.0026

Total Results: 20

State of Florida v. Darien A. Hauter

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-19T00:00:00-07:00

Snippet: ), Fla. Stat. Section 921.0026 lists fourteen mitigating factors. See § 921.0026(2)(a)–(n), Fla. Stat.…limited to, those listed in [section 921.0026(2)].” See § 921.0026(1)–(2), Fla. Stat.; see also State v…Stat., and in a manner consistent with section 921.0026, Florida Statutes. Thus, the Code establishes … reasonably justify the downward departure.” § 921.0026(1), Fla. Stat. (emphasis added). A defendant…statutory mitigating factors identified in section 921.0026; the remaining three are non-statutory mitigating

Joseph D. Henderson v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-07-17T00:00:00-07:00

Snippet: substance abuse or addiction, pursuant to section 921.0026(2)(d), Florida Statutes (2020), and (2) his purported…cooperation with law enforcement, pursuant to section 921.0026(2)(i), Florida Statutes (2020). The defendant… [H]owever, … the second part of [section 921.0026(2)(d)] is that [the defendant] has to be … … the [d]efense … highlighted … [section 921.0026(2)(i)] that referenced … assisting law enforcement…substance abuse or addiction, pursuant to section 921.0026(2)(d), Florida Statutes (2010), and his alleged

Juaquinta Harris v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-07-17T00:00:00-07:00

Snippet: departure consideration. See § 921.0026, Fla. Stat. (2021) (section 921.0026, providing for downward departure

State of Florida v. James Earl Gibson

Court: Fla. Dist. Ct. App. | Date Filed: 2024-07-03T00:00:00-07:00

Snippet: reasonably justify the downward departure.” § 921.0026(1), Fla. Stat. We review a trial court’s determination

Ronald Stuyvesant Boyd v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-06-05T00:00:00-07:00

Snippet: reasonably justify the mitigation of the sentence.”); § 921.0026(1), Fla. Stat. (prohibiting downward departures…bargain as the basis for a downward departure. See § 921.0026(2)(a), Fla. Stat. (“Mitigating circumstances under

STATE OF FLORIDA v. CAULKINS

Court: Fla. Dist. Ct. App. | Date Filed: 2024-05-31T00:00:00-07:00

Snippet: DCA 2019) (quoting § 921.0026(1), Fla. Stat. (2018)). Enumerated in section 921.0026(2) is a nonexclusive… punishment code scoresheet based upon section 921.0026(1), Florida Statutes (2023), which allows for …43.8 months per his scoresheet—based on section 921.0026(1), arguing physical abuse during his upbringing… certain mitigating factors under subsections 921.0026(2)(i) and (j), which are not relevant here and…days' credit for time served. Section 921.0026(1) "specifically prohibits a trial court

STATE OF FLORIDA v. JAMES PAUL AVERY

Court: Fla. Dist. Ct. App. | Date Filed: 2024-04-12T00:00:00-07:00

Snippet: 428 (Fla. 5th DCA 2022) (citing §§ 921.0024(2), 921.0026(1), Fla. Stat. (2021)). The defendant bears the…addiction” and that he “is amenable to treatment.” § 921.0026(2)(d), Fla. Stat. (2022). On this record…support a downward departure sentence under section 921.0026(2)(d). First, to the extent that Avery presented…substance abuse or addiction.” Id.; see also id. § 921.0026(2)(m). Second, to the extent that Avery stated… to justify a downward departure under section 921.0026(2)(d). III.

Michael Andrew Baker v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-03-20T00:00:00-07:00

Snippet: before it, to impose a sentence at the cap. Section 921.0026(1), Florida Statutes, prohibits a trial court

JEFFERY GESKE v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2024-01-12T00:00:00-08:00

Snippet: departure. In the motion, he relied on section 921.0026(2)(d), Florida Statutes (2021), to argue that …abuse or addiction.2 He also relied on section 921.0026(2)(j) to argue that the offense was committed … We find no merit to these arguments. Section 921.0026(2)(j) specifically permits a trial court to grant…1017 n.2 (Fla. 3d DCA 2007) (noting that section 921.0026(2)(j) permits consideration of lack of remorse…entitled to a downward departure under section 921.0026(2)(j), the trial court properly considered whether

AUSTIN MATTHEW BROOKS v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2024-01-12T00:00:00-08:00

Snippet: 322 So. 3d 763, 765 (Fla. 2d DCA 2021) (citing § 921.0026(1), Fla. Stat. (2020)). "The defendant bears

In Re: Amendments to Florida Rules of Criminal Procedure 3.030 and 3.704

Court: Fla. | Date Filed: 2023-12-07T00:00:00-08:00

Snippet: are not limited to, those listed in subsection 921.0026(2), Florida Statutes. (A) – (

State of Florida v. McCall

Court: Fla. Dist. Ct. App. | Date Filed: 2023-11-29T00:00:00-08:00

Snippet: justifying a downward departure sentence in section 921.0026(2), Florida Statutes. See State v. Issel, 919 …sentence for reasons not delineated in section 921.0026(2) if the reason given is supported by competent

In Re: Amendments to Florida Rules of Criminal Procedure - 2023 Legislation

Court: Fla. | Date Filed: 2023-11-22T00:00:00-08:00

Snippet: _______________________ Pursuant to 921.0026(3) the defendant’s substance abuse or addiction…sentence, except for the provisions of s. 921.0026(2)(m). Effective Date: For offenses

ERIC ZONK WARD v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-08-30T00:00:00-07:00

Snippet: based on a non- exhaustive list of factors. See § 921.0026(2), Fla. Stat. (2018). However, “[d]epartures

RICHARD BORBON v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-07-19T00:00:00-07:00

Snippet: finding no legal basis to depart under section 921.0026(2)(j) [(step 1)],” because the trial court “determined

In Re: Amendments to Florida Rule of Criminal Procedure 3.992

Court: Fla. | Date Filed: 2023-06-29T00:00:00-07:00

Snippet: These amendments align the rule with section 921.0026, Florida Statutes (2022), which notes that the…______________________ Pursuant to 921.0026(3) the defendant’s substance abuse or addiction…sentence, except for the provisions of s. 921.0026(2)(m). Effective Date: For offenses

In Re: Amendments to Florida Rule of Criminal Procedure 3.992

Court: Fla. | Date Filed: 2023-06-29T00:00:00-07:00

SHIRLEY COTO v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-06-07T00:00:00-07:00

Snippet: 3d 1089, 1092 (Fla. 4th DCA 2012). Section 921.0026(2), Florida Statutes (2016), “sets forth a list…sentence for reasons not delineated in section 921.0026(2), so long as the reason given is supported by…statutory mitigating factors enumerated in section 921.0026(2). The question, then, is whether comparative…a downward departure sentence based on section 921.0026(2)(f), Florida Statutes. Id. That express statutory…participant, aggressor, or provoker of the incident.” § 921.0026(2)(f), Fla. Stat. Notably, the defendant did not

STATE OF FLORIDA v. JOVAN ANDERSON

Court: Fla. Dist. Ct. App. | Date Filed: 2022-12-13T23:53:00-08:00

Snippet: 1092 (Fla. 4th DCA 2012). Pursuant to section 921.0026(1), Florida Statutes (2019), “[a] downward departure…reasonably justify the downward departure.” Section 921.0026(2) provides a non-exhaustive list of mitigating… for which the defendant has shown remorse.” § 921.0026(2)(j), Fla. Stat. (2019) (emphasis added). To

STATE OF FLORIDA vs MARCUS ANTHONY SAWYER

Court: Fla. Dist. Ct. App. | Date Filed: 2022-11-04T00:00:00-07:00

Snippet: such circumstances or factors. §§ 921.0024(2), 921.0026(1), Fla. Stat. (2021). The onus is on the defendant…departure sentence was warranted pursuant to section 921.0026(2)(d), Appellee was required to prove the following… mitigating factors in accordance with section 921.0026(1), which states that mitigating factors include…limited to, the statutory factors listed in section 921.0026(2). However, a court cannot rely on a non-statutory…to support a downward departure under section 921.0026(2)(d). See State v. McElroy, 145 So. 3d 866,