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Florida Statute 921.0026 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
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F.S. 921.0026 Case Law from Google Scholar Google Search for Amendments to 921.0026

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 921
SENTENCE
View Entire Chapter
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

Scott v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2025-01-08

Snippet: court’s sentencing decisions, we affirm. See §§ 921.0026, 958.04, Fla. Stat.; Banks v. State, 732 So. 2d

Thomas Coniglio v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-11-06

Snippet: and the defendant is amenable to treatment.” § 921.0026(2)(d), Fla. Stat. (2022). Two mental health

State of Florida v. Darien A. Hauter

Court: District Court of Appeal of Florida | Date Filed: 2024-08-19

Snippet: Stat., and in a manner consistent with section 921.0026, Florida Statutes. Thus, the Code establishes

Joseph D. Henderson v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-07-17

Snippet: substance abuse or addiction, pursuant to section 921.0026(2)(d), Florida Statutes (2020), and (2) his purported

Juaquinta Harris v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-07-17

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

State of Florida v. James Earl Gibson

Court: District Court of Appeal of Florida | Date Filed: 2024-07-03

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: District Court of Appeal of Florida | Date Filed: 2024-06-05

Snippet: reasonably justify the mitigation of the sentence.”); § 921.0026(1), Fla. Stat. (prohibiting downward departures

STATE OF FLORIDA v. CAULKINS

Court: District Court of Appeal of Florida | Date Filed: 2024-05-31

Snippet: punishment code scoresheet based upon section 921.0026(1), Florida Statutes (2023), which allows for

STATE OF FLORIDA v. JAMES PAUL AVERY

Court: District Court of Appeal of Florida | Date Filed: 2024-04-12

Snippet: 428 (Fla. 5th DCA 2022) (citing §§ 921.0024(2), 921.0026(1), Fla. Stat. (2021)). The defendant bears the

Michael Andrew Baker v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-03-20

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

AUSTIN MATTHEW BROOKS v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2024-01-12

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

JEFFERY GESKE v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2024-01-12

Snippet: departure. In the motion, he relied on section 921.0026(2)(d), Florida Statutes (2021), to argue that

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

Court: Supreme Court of Florida | Date Filed: 2023-12-07

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

State of Florida v. McCall

Court: District Court of Appeal of Florida | Date Filed: 2023-11-29

Snippet: justifying a downward departure sentence in section 921.0026(2), Florida Statutes. See State v. Issel, 919

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

Court: Supreme Court of Florida | Date Filed: 2023-11-22

Snippet: ______________________ Pursuant to 921.0026(3) the defendant’s substance abuse or addiction

ERIC ZONK WARD v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-08-30

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: District Court of Appeal of Florida | Date Filed: 2023-07-19

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: Supreme Court of Florida | Date Filed: 2023-06-29

Snippet: These amendments align the rule with section 921.0026, Florida Statutes (2022), which notes that the

In Re: Amendments to Florida Rule of Criminal Procedure 3.992

Court: Supreme Court of Florida | Date Filed: 2023-06-29

Snippet: These amendments align the rule with section 921.0026, Florida Statutes (2022), which notes that the

SHIRLEY COTO v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-06-07

Snippet: 3d 1089, 1092 (Fla. 4th DCA 2012). Section 921.0026(2), Florida Statutes (2016), “sets forth a list