The 2023 Florida Statutes (including Special Session C)
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. . . The defendant argued below that this departure reason was proper based on the language of section 921.185 . . . That statute reads: 921.185. . . . Section 921.185 does not justify the downward departure sentences in this case because the trial court . . .
. . . The district court explained that Noel’s sentence was authorized by section 921.185, Florida Statutes . . . Noel asserts that section 921.185, which affords discretion to the trial courts to consider restitution . . . consider any degree of restitution a mitigation of the severity of an otherwise appropriate sentence.” § 921.185 . . .
. . . For crimes “involving property,” section 921.185, Florida Statutes (2010), provides that a sentencing . . . mitigate the sentences in DeLuise and in this case were both authorized under rule 3.800(c) and section 921.185 . . . Judges would be precluded from actively using statutes such as section 921.185 to encourage restitution . . . An important public policy of the state would be frustrated; statutes like sections 921.185 and 921.0026 . . . The opinion did not mention section 921.185 and rule 3.800(c), which authorize precisely what the judge . . . The majority relies on section 921.185, Florida Statutes, as authority for a judge to consider payment . . . In addition, as noted by the majority, section 921.185, Florida Statutes, authorizes a trial court, in . . . for payment of restitution within sixty days, results in an unconstitutional application of section 921.185 . . .
. . . See § 921.185, Fla. Stat. (1993); Steiner v. . . .