Florida Senate - 2015                                    SB 1092
       
       
        
       By Senator Bullard
       
       
       
       
       
       39-00170-15                                           20151092__
    1                        A bill to be entitled                      
    2         An act relating to mandatory minimum sentencing;
    3         providing a short title; amending s. 775.087, F.S.;
    4         authorizing a judge to impose a sentence of less than
    5         the mandatory minimum sentence under certain
    6         circumstances; requiring the judge to state in writing
    7         the reasons for departing from or adhering to the
    8         mandatory minimum sentence; providing factors that the
    9         judge must consider in deciding whether to depart from
   10         the mandatory minimum sentence; providing an effective
   11         date.
   12  
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. This act may be cited as “The Alexander-Giles
   16  Act.”
   17         Section 2. Subsection (7) is added to section 775.087,
   18  Florida Statutes, to read:
   19         775.087 Possession or use of weapon; aggravated battery;
   20  felony reclassification; minimum sentence.—
   21         (7) Notwithstanding any other provision of this section, a
   22  judge may impose a sentence less than the mandatory minimum
   23  sentence if the unique circumstances of the case indicate that
   24  the offender does not pose a threat to the public and the
   25  mandatory minimum sentence does not fulfill the goal of
   26  punishment and other sentencing criteria.
   27         (a) The judge shall state in writing his or her reasons for
   28  departing from or adhering to the mandatory minimum sentence.
   29         (b) In deciding whether to depart from the mandatory
   30  minimum sentence, the judge must consider factors, including,
   31  but not limited to:
   32         1. The defendant’s history as a survivor of domestic
   33  violence;
   34         2. The defendant’s mental health; and
   35         3. Information presented at trial or sentencing which
   36  indicates that imposing the mandatory minimum sentence would
   37  frustrate justice or the original legislative intent of this
   38  section.
   39         Section 3. This act shall take effect July 1, 2015.