Title: Mandatory Minimum Sentencing

Summary: Authorizes judge to impose sentence below mandatory minimum sentence; requires judge to state in writing reasons for departing from or using mandatory minimum sentence; provides factors that judge must consider in deciding whether to depart from mandatory minimum sentence.

Full Text:
An act relating to mandatory minimum sentencing; amending s. 775.087, F.S.; authorizing a judge to impose a sentence below the mandatory minimum sentence under certain circumstances; requiring the judge to state in writing the reasons for departing from or using the mandatory minimum sentence; providing factors that the judge must consider in deciding whether to depart from the mandatory minimum sentence; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Subsection (6) is added to section 775.087, Florida Statutes, to read: 775.087 Possession or use of weapon; aggravated battery; felony reclassification; minimum sentence.-(6) For the purposes of this section, a judge may impose a sentence less than the mandatory minimum sentence if the unique circumstances of the case indicate that the offender does not pose a threat to the public and the minimum term does not fulfill the goals of punishment and other sentencing criteria. (a) The judge shall state in writing the reasons for departing from or using the mandatory minimum sentence. (b) When deciding whether to depart from the mandatory minimum sentence, the judge shall consider factors including, HB 2014 but not limited to: 1. The defendant's history as a survivor of domestic violence; 2. The defendant's mental health; and 3. Information presented at trial or sentencing which indicates that imposing the ma ndatory minimum sentence would frustrate justice or the original legislative intent of this section. Section 2. This act shall take effect July 1, 2014.