Florida Statutes

Fla. Stat. § 921.00265 (2025)

Recommended sentences; departure sentences; mandatory minimum sentences.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

Find cases: SyfertCases citing this section FL-LEGleg.state.fl.us JustiaFla. Statutes CornellLII Search CasesGoogle Scholar

921.00265 Recommended sentences; departure sentences; mandatory minimum sentences.—This section applies to any felony offense, except any capital felony, committed on or after October 1, 1998.

(1) The lowest permissible sentence provided by calculations from the total sentence points pursuant to s. 921.0024(2) is assumed to be the lowest appropriate sentence for the offender being sentenced. A departure sentence is prohibited unless there are mitigating circumstances or factors present as provided in s. 921.0026 which reasonably justify a departure.

(2) A sentence that decreases an offender’s sentence below the lowest permissible sentence is a departure sentence and must be accompanied by a written statement by the sentencing court delineating the reasons for the departure, filed within 7 days after the date of sentencing. A written transcription of reasons stated orally at sentencing for departure from the lowest permissible sentence is permissible if it is filed by the court within 7 days after the date of sentencing.

(3) Any offender who is sentenced to a departure sentence or any offender who is subject to a minimum mandatory sentence must have the departure sentence and any minimum mandatory sentence so noted on the sentencing scoresheet.

History.—s. 9, ch. 98-204.

Notes of Decisions

Cited in 57 cases (6 in the last 5 years), 1999–2026 · leading case: Jackson v. State, 64 So. 3d 90 (Fla. 2011).

Sort: Relevance Newest Treatment

Jackson v. State, 64 So. 3d 90 (Fla. 2011). · cites it 6× “” § 921.00265(1), Fla. Stat. (2008). A departure sentence is one that “decreases an offender’s sentence below the lowest permissible sentence” provided by calculations from the total sentence points.”

State of Florida v. Harry James Chubbuck, 141 So. 3d 1163 (Fla. 2014). · cites it 4× “§ 921.00265(2), Fla. Stat. (2009). - 10 - Banks v.”

Staffney v. State, 826 So. 2d 509 (Fla. 4th DCA 2002). · cites it 4× “See § 921.00265(2), Fla. Stat. (2001). The State submits that this was error.”

State of Florida v. Brian Mitchell Lee, 223 So. 3d 342 (Fla. 1st DCA 2017). · cites it 2× “§§ 921.00265(1), 921.16(1), Fla. Stat. (2013).”

State v. Ayers, 901 So. 2d 942 (Fla. 2d DCA 2005). · cites it 2× “" See also § 921.00265(1). Section 921.0026(2), which sets forth a nonexclusive list of such mitigating circumstances, provides in pertinent part: "Mitigating circumstances under which a departure from the lowest permissible sentence is reasonably justified include.”

State v. Hodges, 151 So. 3d 531 (Fla. Dist. Ct. App. 2014). · cites it 4× “” § 921.00265(1), Fla. Stat. (2012). The'trial court may not impose a sentence below the lowest permissible sentence unless there is a valid mitigating circumstance to justify a downward departure.”

State v. Mann, 866 So. 2d 179 (Fla. 5th DCA 2004). · cites it 2× “Under this statutory scheme, the trial court must at least impose the minimum sentence required under the guidelines unless a valid basis for a departure sentence is established.”

State v. Knox, 990 So. 2d 665 (Fla. 5th DCA 2008). · cites it 2× “A trial court, at a minimum, must impose the lowest permissible sentence calculated according to the Criminal Punishment Code unless the court finds that the evidence supports a valid reason for a downward departure.”

Jones v. State, 813 So. 2d 22 (Fla. 2002). · cites it 2× “Section 921.00265(1), Florida Statutes (Supp.”

Champagne v. State, 269 So. 3d 629 (Fla. 2d DCA 2019). · cites it 2× “082, for the primary offense and any additional offenses before the court for sentencing.”

State v. Geoghagan, 27 So. 3d 111 (Fla. 1st DCA 2009). · cites it 2× “” § 921.00265(1), Fla. Stat. (2006). Section 921.”

Reginald L. Bryant v. State of Florida, 148 So. 3d 1251 (Fla. 2014). · cites it 4× “; see also § 921.00265(2), Fla. Stat.; Fla. R. Crim.”

Show all 57 citing cases →

— 921.00265(1) — 31 cases

State of Florida v. Brian Mitchell Lee, 223 So. 3d 342 (Fla. 1st DCA 2017). “§§ 921.00265(1), 921.16(1), Fla. Stat. (2013).”

Jackson v. State, 64 So. 3d 90 (Fla. 2011). “” § 921.00265(1), Fla. Stat. (2008). A departure sentence is one that “decreases an offender’s sentence below the lowest permissible sentence” provided by calculations from the total sentence points.”

State v. Mann, 866 So. 2d 179 (Fla. 5th DCA 2004). “Under this statutory scheme, the trial court must at least impose the minimum sentence required under the guidelines unless a valid basis for a departure sentence is established.”

State v. Knox, 990 So. 2d 665 (Fla. 5th DCA 2008). “A trial court, at a minimum, must impose the lowest permissible sentence calculated according to the Criminal Punishment Code unless the court finds that the evidence supports a valid reason for a downward departure.”

Jones v. State, 813 So. 2d 22 (Fla. 2002). “Section 921.00265(1), Florida Statutes (Supp.”

— 921.00265(2) — 24 cases

State of Florida v. Harry James Chubbuck, 141 So. 3d 1163 (Fla. 2014). “§ 921.00265(2), Fla. Stat. (2009). - 10 - Banks v.”

Staffney v. State, 826 So. 2d 509 (Fla. 4th DCA 2002). “See § 921.00265(2), Fla. Stat. (2001). The State submits that this was error.”

Reginald L. Bryant v. State of Florida, 148 So. 3d 1251 (Fla. 2014). “; see also § 921.00265(2), Fla. Stat.; Fla. R. Crim.”

State v. Thompson, 844 So. 2d 814 (Fla. 5th DCA 2003).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.