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Current as of January 01, 2025 | Updated by Findlaw Staff
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.
Cite this article: FindLaw.com - Florida Statutes Title XLVII. Criminal Procedure and Corrections § 921.00265. Recommended sentences; departure sentences; mandatory minimum sentences - last updated January 01, 2025 | https://codes.findlaw.com/fl/title-xlvii-criminal-procedure-and-corrections/fl-st-sect-921-00265/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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