Florida Statute 921.265 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 921
SENTENCE

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F.S. 921.00265

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.

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Amendments to 921.00265

Annotations, Discussions, Cases:

Cases Citing Statute 921.00265

Total Results: 55

Maddox v. State

760 So. 2d 89

Supreme Court of Florida | Filed: May 11, 2000 | Docket: 1324543

Cited 171 times | Published

calculate the "lowest permissible sentence." See § 921.00265, Fla. Stat. (1999). Written reasons for imposing

State v. Ayers

901 So. 2d 942, 2005 WL 991571

District Court of Appeal of Florida | Filed: Apr 29, 2005 | Docket: 1666328

Cited 37 times | Published

*945 justify the downward departure." See also § 921.00265(1). Section 921.0026(2), which sets forth a nonexclusive

Jones v. State

813 So. 2d 22, 2002 WL 87377

Supreme Court of Florida | Filed: Jan 24, 2002 | Docket: 1438737

Cited 16 times | Published

21, 1999; thus, the Code provisions apply. Section 921.00265(1), Florida Statutes (Supp.1998), provides

State v. Subido

925 So. 2d 1052, 2006 WL 504938

District Court of Appeal of Florida | Filed: Mar 3, 2006 | Docket: 471798

Cited 15 times | Published

sentence for the offender being sentenced." § 921.00265(1); Mann, 866 So.2d at 181. A downward departure

State v. Mann

866 So. 2d 179, 2004 WL 314448

District Court of Appeal of Florida | Filed: Feb 20, 2004 | Docket: 1273937

Cited 15 times | Published

basis for a departure sentence is established. § 921.00265(1), Fla. Stat. (2002). In order to determine

Staffney v. State

826 So. 2d 509, 2002 WL 31114965

District Court of Appeal of Florida | Filed: Sep 25, 2002 | Docket: 1197851

Cited 15 times | Published

[1] the sentence is a downward departure. See § 921.00265(2), Fla. Stat. (2001). The State submits that

State v. Knox

990 So. 2d 665, 2008 WL 4179453

District Court of Appeal of Florida | Filed: Sep 12, 2008 | Docket: 1687618

Cited 12 times | Published

supports a valid reason for a downward departure. § 921.00265(1), Fla. Stat. (2006); see also State v. Tyrrell

Jackson v. State

64 So. 3d 90, 36 Fla. L. Weekly Supp. 81, 2011 Fla. LEXIS 415, 2011 WL 536429

Supreme Court of Florida | Filed: Feb 17, 2011 | Docket: 60301598

Cited 9 times | Published

sentence for the offender being sentenced.” § 921.00265(1), Fla. Stat. (2008). A departure sentence is

State v. Thompson

844 So. 2d 814, 2003 WL 21105368

District Court of Appeal of Florida | Filed: May 16, 2003 | Docket: 1197154

Cited 8 times | Published

findings of fact on each of the three elements. § 921.00265(2), Fla. Stat. (2002); State v. Sawyer, 753 So

State v. Geoghagan

27 So. 3d 111, 2009 Fla. App. LEXIS 20512, 2009 WL 5151520

District Court of Appeal of Florida | Filed: Dec 31, 2009 | Docket: 1665193

Cited 6 times | Published

factors present as provided in s. 921.0026." § 921.00265(1), Fla. Stat. (2006). Section 921.0026, Florida

State v. Hall

981 So. 2d 511, 2008 WL 900466

District Court of Appeal of Florida | Filed: Apr 4, 2008 | Docket: 1515706

Cited 6 times | Published

within seven days after the date of sentencing. § 921.00265(2); see also Carlson, 911 So.2d at 236; State

State v. Carlson

911 So. 2d 234, 2005 WL 2372726

District Court of Appeal of Florida | Filed: Sep 28, 2005 | Docket: 1751863

Cited 5 times | Published

within seven days after the date of sentencing. § 921.00265(2); see also State v. Ayers, 901 So.2d 942, 945

State v. Marshall

869 So. 2d 754, 2004 WL 741423

District Court of Appeal of Florida | Filed: Apr 8, 2004 | Docket: 1653995

Cited 5 times | Published

without giving valid reasons for doing so. See § 921.00265(2), Fla. Stat. (2000). The statutory reasons

Rankin v. State

174 So. 3d 1092, 2015 WL 5438665

District Court of Appeal of Florida | Filed: Sep 16, 2015 | Docket: 60294089

Cited 4 times | Published

So.3d 1018, 1019 (Fla. 5th DCA 2012) (citing § 921.00265(1), Fla. Stat. (2010)). “To determine whether

Tubwell v. State

922 So. 2d 378, 2006 WL 503290

District Court of Appeal of Florida | Filed: Mar 3, 2006 | Docket: 1290757

Cited 4 times | Published

depart below the lowest permissible sentence. § 921.00265, Fla. Stat. (2003). Here, the record clearly

State v. McElroy

145 So. 3d 866, 2014 Fla. App. LEXIS 6251, 2014 WL 1779821

District Court of Appeal of Florida | Filed: Apr 30, 2014 | Docket: 60242748

Cited 3 times | Published

scoresheet. See Hall, 981 So.2d at 513 (citing § 921.00265(2) and explaining that a trial court must file

State v. Naylor

976 So. 2d 1193, 2008 WL 782882

District Court of Appeal of Florida | Filed: Mar 26, 2008 | Docket: 1680099

Cited 3 times | Published

within seven days after the date of sentencing. § 921.00265(2); State v. Carlson, 911 So.2d 234, 236 (Fla

State v. Lindsay

163 So. 3d 721, 2015 Fla. App. LEXIS 6430, 2015 WL 1942890

District Court of Appeal of Florida | Filed: May 1, 2015 | Docket: 60247739

Cited 2 times | Published

sentence for the offender being sentenced.” § 921.00265(1), Fla. Stat. (2008). A departure sentence is

State v. Ford

27 So. 3d 725, 2010 Fla. App. LEXIS 910, 2010 WL 363888

District Court of Appeal of Florida | Filed: Feb 3, 2010 | Docket: 1664744

Cited 2 times | Published

must be explained in writing ...."); accord § 921.00265(2), Fla. Stat. (2009) (requiring a "written statement

Champagne v. State

269 So. 3d 629

District Court of Appeal of Florida | Filed: Apr 24, 2019 | Docket: 64712522

Cited 1 times | Published

sentence for the offender being sentenced," § 921.00265(1), and it "is the minimum sentence that may

State of Florida v. Vernal Murray

161 So. 3d 1287, 2015 Fla. App. LEXIS 5114

District Court of Appeal of Florida | Filed: Apr 8, 2015 | Docket: 2679407

Cited 1 times | Published

present which reasonably justify a departure. § 921.00265(1), Fla. Stat. (2013). “Departures below the

State of Florida v. Vernal Murray

161 So. 3d 1287, 2015 Fla. App. LEXIS 5114

District Court of Appeal of Florida | Filed: Apr 8, 2015 | Docket: 2679407

Cited 1 times | Published

present which reasonably justify a departure. § 921.00265(1), Fla. Stat. (2013). “Departures below the

State v. Hodges

151 So. 3d 531, 2014 Fla. App. LEXIS 18400, 2014 WL 5836122

District Court of Appeal of Florida | Filed: Nov 12, 2014 | Docket: 2595526

Cited 1 times | Published

sentence for the offender being sentenced.” § 921.00265(1), Fla. Stat. (2012). The'trial court may not

Reginald L. Bryant v. State of Florida

148 So. 3d 1251, 39 Fla. L. Weekly Supp. 591, 2014 Fla. LEXIS 2970, 2014 WL 5026405

Supreme Court of Florida | Filed: Oct 9, 2014 | Docket: 1437947

Cited 1 times | Published

required by statute and rule. Id.; see also § 921.00265(2), Fla. Stat.; Fla. R.Crim. P. 3.704(d)(27)

State v. Owens

95 So. 3d 1018, 2012 WL 3627429, 2012 Fla. App. LEXIS 14161

District Court of Appeal of Florida | Filed: Aug 24, 2012 | Docket: 60311051

Cited 1 times | Published

supports a valid reason for a downward departure. § 921.00265(1), Fla. Stat. (2010). A trial court is permitted

State v. Dunn

970 So. 2d 922, 2007 WL 4561580

District Court of Appeal of Florida | Filed: Dec 31, 2007 | Docket: 2587753

Cited 1 times | Published

Criminal Punishment Code scoresheet, under section 921.00265(2), Florida Statutes, it must announce on

State v. Scott

879 So. 2d 99, 2004 WL 1749529

District Court of Appeal of Florida | Filed: Aug 6, 2004 | Docket: 1514419

Cited 1 times | Published

" § 921.0026(1), Fla. Stat. (2001); see also § 921.00265(1). The trial court stated on the record that

State v. Faulk

840 So. 2d 319, 2003 WL 327514

District Court of Appeal of Florida | Filed: Feb 14, 2003 | Docket: 1748398

Cited 1 times | Published

reasons for departing downward in all cases. See § 921.00265(1) and (2), Fla. Stat. The Code lists a "legitimate

Maddox v. State

760 So. 2d 89, 25 Fla. L. Weekly Supp. 367, 2000 Fla. LEXIS 906

Supreme Court of Florida | Filed: May 11, 2000 | Docket: 64797897

Cited 1 times | Published

calculate the "lowest permissible sentence.” See § 921.00265, Fla. Stat. (1999). Written reasons for imposing

Andrew James Jones v. State of Florida

District Court of Appeal of Florida | Filed: Jun 4, 2025 | Docket: 70454073

Published

sentence as calculated by his CPC scoresheet. § 921.00265(1), Fla. Stat. (2021) (“The lowest permissible

Gazoombi v. State of Florida

District Court of Appeal of Florida | Filed: Mar 20, 2025 | Docket: 69760560

Published

than the lowest one ordinarily allowed. See § 921.00265(1), Fla. Stat. (providing for a “lowest permissible

Earnest Hill v. State of Florida

District Court of Appeal of Florida | Filed: Feb 26, 2025 | Docket: 69674145

Published

probation. The trial court sentenced him under section 921.00265, Florida Statutes—his sentencing range being

State of Florida v. Yolanda Denise Harvey

274 So. 3d 1240

District Court of Appeal of Florida | Filed: Jun 28, 2019 | Docket: 15855444

Published

supporting the downward departure as required by section 921.00265(2), Florida Statutes (2017), we are constrained

Champagne v. State

269 So. 3d 629

District Court of Appeal of Florida | Filed: Apr 24, 2019 | Docket: 64712523

Published

sentence for the offender being sentenced," § 921.00265(1), and it "is the minimum sentence that may

RENALDO CHAMPAGNE v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 24, 2019 | Docket: 14988954

Published

sentence for the offender being sentenced," § 921.00265(1), and it "is the minimum sentence that

State v. Howard L. Hawkins, Jr.

225 So. 3d 943, 2017 WL 3567172, 2017 Fla. App. LEXIS 11863

District Court of Appeal of Florida | Filed: Aug 18, 2017 | Docket: 6143756

Published

the offender being sentenced.’ ” Id. (quoting § 921.00265(1), Fla. Stat. (2012)). Section 921.0026(2) contains

Bailey Jr. v. State

199 So. 3d 304, 2016 Fla. App. LEXIS 10686

District Court of Appeal of Florida | Filed: Jul 13, 2016 | Docket: 4110332

Published

sentence for the offender being sentenced.” § 921.00265, Fla. Stat. (2010). “A departure sentence is

Miguel Angel Alfonso-Roche v. State of Florida

199 So. 3d 941, 2016 WL 3065576, 2016 Fla. App. LEXIS 8352

District Court of Appeal of Florida | Filed: Jun 1, 2016 | Docket: 3071354

Published

sentence for the offender being sentenced.” § 921.00265(1), Fla. Stat. (2014). While the trial judge

Richard Walker v. State of Florida

193 So. 3d 946, 2016 WL 1579077, 2016 Fla. App. LEXIS 5994

District Court of Appeal of Florida | Filed: Apr 20, 2016 | Docket: 3055578

Published

0026 which reasonably justify a departure. § 921.00265(1), Fla. Stat. (2011). The court’s statements

State v. Knight

182 So. 3d 887, 2016 Fla. App. LEXIS 311, 2016 WL 81604

District Court of Appeal of Florida | Filed: Jan 8, 2016 | Docket: 60252824

Published

imposing a departure sentence is established. § 921.00265(1), Fla. Stat. (2015); see also State v. Roper

Brian M. Rankin v. State of Florida

174 So. 3d 1092, 2015 Fla. App. LEXIS 13811

District Court of Appeal of Florida | Filed: Sep 16, 2015 | Docket: 2808052

Published

So. 3d 1018, 1019 (Fla. 5th DCA 2012) (citing § 921.00265(1), Fla. Stat. (2010)). “To determine whether

Brian M. Rankin v. State of Florida

174 So. 3d 1092, 2015 Fla. App. LEXIS 13811

District Court of Appeal of Florida | Filed: Sep 16, 2015 | Docket: 2808052

Published

So. 3d 1018, 1019 (Fla. 5th DCA 2012) (citing § 921.00265(1), Fla. Stat. (2010)). “To determine whether

State v. Hodges

District Court of Appeal of Florida | Filed: Nov 12, 2014 | Docket: 2606371

Published

sentence for the offender being sentenced.” § 921.00265(1), Fla. Stat. (2012). The trial court may not

State of Florida v. Rodney Larry Robinson

149 So. 3d 1199

District Court of Appeal of Florida | Filed: Nov 5, 2014 | Docket: 2593278

Published

” § 921.0024(2), Fla. Stat. (2011); see also § 921.00265(1), Fla. Stat. (2011) (“A departure sentence

State of Florida v. Harry James Chubbuck

141 So. 3d 1163, 39 Fla. L. Weekly Supp. 437, 2014 WL 2765926, 2014 Fla. LEXIS 1982

Supreme Court of Florida | Filed: Jun 19, 2014 | Docket: 58842

Published

within 7 days after the date of sentencing. § 921.00265(2), Fla. Stat. (2009). . Pursuant to section

State v. Marron

111 So. 3d 210, 2013 WL 1316393, 2013 Fla. App. LEXIS 5358

District Court of Appeal of Florida | Filed: Apr 3, 2013 | Docket: 60230775

Published

reasons within seven days after sentencing, id.-, § 921.00265(2), Fla. Stat. (1998), or, if it orally pronounces

Jones v. State

107 So. 3d 1221, 2013 WL 645452, 2013 Fla. App. LEXIS 2945

District Court of Appeal of Florida | Filed: Feb 22, 2013 | Docket: 60228600

Published

requested a downward departure pursuant to section 921.00265(1), Florida Statutes (2010). At the sentencing

State v. Marron

106 So. 3d 1005, 2013 WL 616351, 2013 Fla. App. LEXIS 2601

District Court of Appeal of Florida | Filed: Feb 20, 2013 | Docket: 60228070

Published

reasons within seven days after sentencing, id.; § 921.00265(2), Fla. Stat. (1998), or, if it orally pronounces

State v. Kolodz

79 So. 3d 117, 2012 Fla. App. LEXIS 510, 2012 WL 126305

District Court of Appeal of Florida | Filed: Jan 18, 2012 | Docket: 60305228

Published

providing written reasons as required by section 921.00265(2), Florida Statutes (2010), and Florida Rule

State v. Glover

25 So. 3d 38, 2009 Fla. App. LEXIS 17543, 2009 WL 4030819

District Court of Appeal of Florida | Filed: Nov 24, 2009 | Docket: 1661345

Published

factors present as provided in s. 921.0026." § 921.00265, Fla. Stat. (2006). Section 921.0026, Florida

Carrington v. State

9 So. 3d 1257, 2009 Fla. App. LEXIS 3442, 2009 WL 1067390

District Court of Appeal of Florida | Filed: Apr 22, 2009 | Docket: 1667855

Published

departure does not appear to have been given. See § 921.00265(1), Fla. Stat. (2003). Absent a downward departure

State v. Noble

990 So. 2d 1265, 2008 WL 4413378

District Court of Appeal of Florida | Filed: Oct 1, 2008 | Docket: 1687493

Published

of orally stated reasons, as required by section 921.00265, Florida Statutes (2006). We agree and reverse

Watkins v. State

787 So. 2d 141, 2001 WL 427580

District Court of Appeal of Florida | Filed: Apr 27, 2001 | Docket: 1744974

Published

in Maddox in reaching our decision. [4] See § 921.00265, Fla. Stat. (1999).

State v. Mobley

777 So. 2d 469, 2001 Fla. App. LEXIS 2138, 2001 WL 193875

District Court of Appeal of Florida | Filed: Feb 28, 2001 | Docket: 64803526

Published

with mitigating circumstances, pursuant to section 921.00265(2), Florida Statutes (1999), and the case

Jordan v. State

728 So. 2d 748, 1998 WL 621355

District Court of Appeal of Florida | Filed: Mar 10, 1999 | Docket: 53300

Published

98-204, § 9, Laws of Fla. (to be codified at § 921.00265, Fla. Stat.) The failure to file timely written