Fla. Stat. 921.00265
Recommended sentences; departure sentences; mandatory minimum sentences

(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.

Source: Section 921.00265 — Recommended sentences; departure sentences; mandatory minimum sentences, https://www.­flsenate.­gov/Laws/Statutes/2024/0921.­00265 (accessed Aug. 7, 2025).

921.002
The Criminal Punishment Code 921.09
Fees of physicians who determine sanity at time of sentence 921.12
Fees of physicians when pregnancy is alleged as cause for not pronouncing sentence 921.15
Stay of execution of sentence to fine 921.16
When sentences to be concurrent and when consecutive 921.0017
Credit upon recommitment of offender serving split sentence 921.18
Sentence for indeterminate period for noncapital felony 921.20
Classification summary 921.21
Progress reports to Florida Commission on Offender Review 921.0021
Definitions 921.22
Determination of exact period of imprisonment by Florida Commission on Offender Review 921.0023
Criminal Punishment Code 921.0024
Criminal Punishment Code 921.0025
Adoption and implementation of revised sentencing scoresheets 921.0026
Mitigating circumstances 921.0027
Criminal Punishment Code and revisions 921.137
Imposition of the death sentence upon an intellectually disabled defendant prohibited 921.141
Sentence of death or life imprisonment for capital felonies 921.142
Sentence of death or life imprisonment for capital drug trafficking felonies 921.143
Appearance of victim, next of kin, or law enforcement, correctional, or correctional probation officer to make statement at sentencing hearing 921.161
Sentence not to run until imposed 921.185
Sentence 921.186
Substantial assistance 921.187
Disposition and sentencing 921.188
Placement of certain state inmates in local detention facilities 921.231
Presentence investigation reports 921.241
Felony judgments 921.00241
Prison diversion program 921.242
Subsequent offenses under chapter 796 921.243
Offenses involving minor victims 921.244
Order of no contact 921.00265
Recommended sentences 921.1401
Sentence of life imprisonment for persons who are under the age of 18 years at the time of the offense 921.1402
Review of sentences for persons convicted of specified offenses committed while under the age of 18 years 921.1425
Sentence of death or life imprisonment for capital sexual battery 921.1426
Sentence of death for capital offense committed by unauthorized alien

Current through Fall 2025

§ 921.00265. Recommended sentences; departure sentences; mandatory minimum sentences's source at flsenate​.gov