Florida Senate - 2019                                    SB 1030
       
       
        
       By Senator Bracy
       
       
       
       
       
       11-01395-19                                           20191030__
    1                        A bill to be entitled                      
    2         An act relating to mitigating circumstances in
    3         sentencing; amending s. 921.0026, F.S.; revising the
    4         mitigating circumstances under which a departure from
    5         the lowest permissible sentence is justified, to
    6         include when a defendant is amenable to treatment and
    7         he or she requires specialized treatment for a certain
    8         substance addiction; providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Paragraph (d) of subsection (2) of section
   13  921.0026, Florida Statutes, is amended to read:
   14         921.0026 Mitigating circumstances.—This section applies to
   15  any felony offense, except any capital felony, committed on or
   16  after October 1, 1998.
   17         (2) Mitigating circumstances under which a departure from
   18  the lowest permissible sentence is reasonably justified include,
   19  but are not limited to:
   20         (d) The defendant requires specialized treatment for a
   21  mental disorder, a substance addiction that predates the date of
   22  the offense, or that is unrelated to substance abuse or
   23  addiction or for a physical disability, and the defendant is
   24  amenable to treatment.
   25         Section 2. This act shall take effect July 1, 2019.