House Bill hb1455

    Florida House of Representatives - 2001                HB 1455

        By Representative Kravitz






  1                      A bill to be entitled

  2         An act relating to the Criminal Punishment

  3         Code; amending s. 921.0022, F.S.; providing for

  4         waiver of the sentencing scoresheet under

  5         certain circumstances; amending s. 921.0024,

  6         F.S., to conform; providing an effective date.

  7

  8  Be It Enacted by the Legislature of the State of Florida:

  9

10         Section 1.  Subsection (1) of section 921.0022, Florida

11  Statutes, is amended to read:

12         921.0022  Criminal Punishment Code; offense severity

13  ranking chart.--

14         (1)(a)  Unless waived pursuant to the provisions of

15  paragraph (b), the offense severity ranking chart must be used

16  with the Criminal Punishment Code worksheet to compute a

17  sentence score for each felony offender whose offense was

18  committed on or after October 1, 1998.

19         (b)  If both the state and the defendant waive the

20  preparation of a Criminal Punishment Code worksheet and a

21  sentencing scoresheet, the judge may sentence the offender

22  without a sentence score.

23         Section 2.  Subsections (3) and (7) of section

24  921.0024, Florida Statutes, are amended to read:

25         921.0024  Criminal Punishment Code; worksheet

26  computations; scoresheets.--

27         (3)  Unless waived pursuant to the provisions of s.

28  921.0022(1)(b), a single scoresheet shall be prepared for each

29  defendant to determine the permissible range for the sentence

30  that the court may impose, except that if the defendant is

31  before the court for sentencing for more than one felony and

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    Florida House of Representatives - 2001                HB 1455

    777-101-01






  1  the felonies were committed under more than one version or

  2  revision of the guidelines or the code, separate scoresheets

  3  must be prepared. The scoresheet or scoresheets must cover all

  4  the defendant's offenses pending before the court for

  5  sentencing. Either the office of the state attorney or the

  6  Department of Corrections, or both where appropriate, shall

  7  prepare the scoresheet or scoresheets, which must be presented

  8  to the defense counsel for review for accuracy in all cases

  9  unless the judge directs otherwise. The defendant's scoresheet

10  or scoresheets must be approved and signed by the sentencing

11  judge.

12         (7)  Unless waived pursuant to the provisions of s.

13  921.0022(1)(b), a sentencing scoresheet must be prepared for

14  every defendant who is sentenced for a felony offense. A copy

15  of the individual offender's Criminal Punishment Code

16  scoresheet and any attachments thereto prepared pursuant to

17  Rule 3.701, Rule 3.702, or Rule 3.703, Florida Rules of

18  Criminal Procedure, or any other rule pertaining to the

19  preparation and submission of felony sentencing scoresheets,

20  must be attached to the copy of the uniform judgment and

21  sentence form provided to the Department of Corrections.

22         Section 3.  This act shall take effect October 1, 2001.

23

24            *****************************************

25                          HOUSE SUMMARY

26
      Provides for waiver of the Criminal Punishment Code
27    sentencing scoresheet if both the state and the defendant
      waive the preparation thereof.
28

29

30

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CODING: Words stricken are deletions; words underlined are additions.