Florida Senate - 2020 SB 560
By Senator Brandes
24-00766-20 2020560__
1 A bill to be entitled
2 An act relating to sentencing; amending s. 921.002,
3 F.S.; renaming the Criminal Punishment Code as the
4 Public Safety Code; revising the primary purpose of
5 sentencing under the Public Safety Code from punishing
6 an offender to public safety; conforming provisions to
7 changes made by the act; amending ss. 775.082,
8 775.087, 782.051, 817.568, 893.13, 893.20, 910.035,
9 921.0022, 921.0023, 921.0024, 921.0025, 921.0026,
10 921.0027, 924.06, 924.07, 944.17, 948.01, 948.015,
11 948.06, 948.20, 948.51, 958.04, and 985.465, F.S.;
12 conforming provisions to changes made by the act;
13 providing an effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Section 921.002, Florida Statutes, is amended to
18 read:
19 921.002 The Public Safety Criminal Punishment Code.—The
20 Public Safety Code applies Criminal Punishment Code shall apply
21 to all felony offenses, except capital felonies, committed on or
22 after October 1, 1998.
23 (1) The provision of criminal penalties and of limitations
24 upon the application of such penalties is a matter of
25 predominantly substantive law and, as such, is a matter properly
26 addressed by the Legislature. The Legislature, in the exercise
27 of its authority and responsibility to establish sentencing
28 criteria, to provide for the imposition of criminal penalties,
29 and to make the best use of state prisons so that violent
30 criminal offenders are appropriately incarcerated, has
31 determined that it is in the best interest of the state to
32 develop, implement, and revise a sentencing policy. The Public
33 Safety Criminal Punishment Code embodies the principles that:
34 (a) Sentencing is neutral with respect to race, gender, and
35 social and economic status.
36 (b) The primary purpose of sentencing is public safety to
37 punish the offender. Rehabilitation is a desired goal of the
38 criminal justice system but is subordinate to the goal of public
39 safety punishment.
40 (c) The penalty imposed is commensurate with the severity
41 of the primary offense and the circumstances surrounding the
42 primary offense.
43 (d) The severity of the sentence increases with the length
44 and nature of the offender’s prior record.
45 (e) The sentence imposed by the sentencing judge reflects
46 the length of actual time to be served, shortened only by the
47 application of incentive and meritorious gain-time as provided
48 by law, and may not be shortened if the defendant would
49 consequently serve less than 85 percent of his or her term of
50 imprisonment as provided in s. 944.275(4). The provisions of
51 chapter 947, relating to parole, shall not apply to persons
52 sentenced under the Public Safety Criminal Punishment Code.
53 (f) Departures below the lowest permissible sentence
54 established by the code must be articulated in writing by the
55 trial court judge and made only when circumstances or factors
56 reasonably justify the mitigation of the sentence. The level of
57 proof necessary to establish facts that support a departure from
58 the lowest permissible sentence is a preponderance of the
59 evidence.
60 (g) The trial court judge may impose a sentence up to and
61 including the statutory maximum for any offense, including an
62 offense that is before the court due to a violation of probation
63 or community control.
64 (h) A sentence may be appealed on the basis that it departs
65 from the Public Safety Criminal Punishment Code only if the
66 sentence is below the lowest permissible sentence or as
67 enumerated in s. 924.06(1).
68 (i) Use of incarcerative sanctions is prioritized toward
69 offenders convicted of serious offenses and certain offenders
70 who have long prior records, in order to maximize the finite
71 capacities of state and local correctional facilities.
72 (2) When a defendant is before the court for sentencing for
73 more than one felony and the felonies were committed under more
74 than one version or revision of the former sentencing guidelines
75 or the code, each felony shall be sentenced under the guidelines
76 or the code in effect at the time the particular felony was
77 committed. This subsection does not apply to sentencing for any
78 capital felony.
79 (3) A court may impose a departure below the lowest
80 permissible sentence based upon circumstances or factors that
81 reasonably justify the mitigation of the sentence in accordance
82 with s. 921.0026. The level of proof necessary to establish
83 facts supporting the mitigation of a sentence is a preponderance
84 of the evidence. When multiple reasons exist to support the
85 mitigation, the mitigation shall be upheld when at least one
86 circumstance or factor justifies the mitigation regardless of
87 the presence of other circumstances or factors found not to
88 justify mitigation. Any sentence imposed below the lowest
89 permissible sentence must be explained in writing by the trial
90 court judge.
91 (4)(a) The Department of Corrections shall report on trends
92 in sentencing practices and sentencing score thresholds and
93 provide an analysis on the sentencing factors considered by the
94 courts and shall submit this information to the Legislature by
95 October 1 of each year.
96 (b) The Criminal Justice Estimating Conference, with the
97 assistance of the Department of Corrections, shall estimate the
98 impact of any proposed change to the Public Safety Criminal
99 Punishment Code on future rates of incarceration and on the
100 prison population. The Criminal Justice Estimating Conference
101 shall base its projections on historical data concerning
102 sentencing practices which have been accumulated by the
103 Department of Corrections and other relevant data from other
104 state agencies and records of the Department of Corrections
105 which disclose the average time served for offenses covered by
106 any proposed changes to the Public Safety Criminal Punishment
107 Code.
108 (c) In order to produce projects that are either required
109 by law or requested by the Legislature to assist the Legislature
110 in making modifications to the Public Safety Criminal Punishment
111 Code, the Department of Corrections is authorized to collect and
112 evaluate Public Safety Criminal Punishment Code scoresheets from
113 each of the judicial circuits after sentencing. Beginning in
114 1999, by October 1 of each year, the Department of Corrections
115 shall provide an annual report to the Legislature that shows the
116 rate of compliance of each judicial circuit in providing
117 scoresheets to the department.
118 Section 2. Paragraphs (d) and (e) of subsection (8) of
119 section 775.082, Florida Statutes, are amended to read:
120 775.082 Penalties; applicability of sentencing structures;
121 mandatory minimum sentences for certain reoffenders previously
122 released from prison.—
123 (8)
124 (d) The Public Safety Criminal Punishment Code applies to
125 all felonies, except capital felonies, committed on or after
126 October 1, 1998. Any revision to the Public Safety Criminal
127 Punishment Code applies to sentencing for all felonies, except
128 capital felonies, committed on or after the effective date of
129 the revision.
130 (e) Felonies, except capital felonies, with continuing
131 dates of enterprise shall be sentenced under the sentencing
132 guidelines or the Public Safety Criminal Punishment Code in
133 effect on the beginning date of the criminal activity.
134 Section 3. Paragraph (c) of subsection (2) and paragraph
135 (c) of subsection (3) of section 775.087, Florida Statutes, are
136 amended to read:
137 775.087 Possession or use of weapon; aggravated battery;
138 felony reclassification; minimum sentence.—
139 (2)
140 (c) If the minimum mandatory terms of imprisonment imposed
141 pursuant to this section exceed the maximum sentences authorized
142 by s. 775.082, s. 775.084, or the Public Safety Criminal
143 Punishment Code under chapter 921, then the mandatory minimum
144 sentence must be imposed. If the mandatory minimum terms of
145 imprisonment pursuant to this section are less than the
146 sentences that could be imposed as authorized by s. 775.082, s.
147 775.084, or the Public Safety Criminal Punishment Code under
148 chapter 921, then the sentence imposed by the court must include
149 the mandatory minimum term of imprisonment as required in this
150 section.
151 (3)
152 (c) If the minimum mandatory terms of imprisonment imposed
153 pursuant to this section exceed the maximum sentences authorized
154 by s. 775.082, s. 775.084, or the Public Safety Criminal
155 Punishment Code under chapter 921, then the mandatory minimum
156 sentence must be imposed. If the mandatory minimum terms of
157 imprisonment pursuant to this section are less than the
158 sentences that could be imposed as authorized by s. 775.082, s.
159 775.084, or the Public Safety Criminal Punishment Code under
160 chapter 921, then the sentence imposed by the court must include
161 the mandatory minimum term of imprisonment as required in this
162 section.
163 Section 4. Section 782.051, Florida Statutes, is amended to
164 read:
165 782.051 Attempted felony murder.—
166 (1) Any person who perpetrates or attempts to perpetrate
167 any felony enumerated in s. 782.04(3) and who commits, aids, or
168 abets an intentional act that is not an essential element of the
169 felony and that could, but does not, cause the death of another
170 commits a felony of the first degree, punishable by imprisonment
171 for a term of years not exceeding life, or as provided in s.
172 775.082, s. 775.083, or s. 775.084, which is an offense ranked
173 in level 9 of the Public Safety Criminal Punishment Code. Victim
174 injury points shall be scored under this subsection.
175 (2) Any person who perpetrates or attempts to perpetrate
176 any felony other than a felony enumerated in s. 782.04(3) and
177 who commits, aids, or abets an intentional act that is not an
178 essential element of the felony and that could, but does not,
179 cause the death of another commits a felony of the first degree,
180 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
181 which is an offense ranked in level 8 of the Public Safety
182 Criminal Punishment Code. Victim injury points shall be scored
183 under this subsection.
184 (3) When a person is injured during the perpetration of or
185 the attempt to perpetrate any felony enumerated in s. 782.04(3)
186 by a person other than the person engaged in the perpetration of
187 or the attempt to perpetrate such felony, the person
188 perpetrating or attempting to perpetrate such felony commits a
189 felony of the second degree, punishable as provided in s.
190 775.082, s. 775.083, or s. 775.084, which is an offense ranked
191 in level 7 of the Public Safety Criminal Punishment Code. Victim
192 injury points shall be scored under this subsection.
193 Section 5. Subsection (3) of section 817.568, Florida
194 Statutes, is amended to read:
195 817.568 Criminal use of personal identification
196 information.—
197 (3) Neither paragraph (2)(b) nor paragraph (2)(c) prevents
198 a court from imposing a greater sentence of incarceration as
199 authorized by law. If the minimum mandatory terms of
200 imprisonment imposed under paragraph (2)(b) or paragraph (2)(c)
201 exceed the maximum sentences authorized under s. 775.082, s.
202 775.084, or the Public Safety Criminal Punishment Code under
203 chapter 921, the mandatory minimum sentence must be imposed. If
204 the mandatory minimum terms of imprisonment under paragraph
205 (2)(b) or paragraph (2)(c) are less than the sentence that could
206 be imposed under s. 775.082, s. 775.084, or the Public Safety
207 Criminal Punishment Code under chapter 921, the sentence imposed
208 by the court must include the mandatory minimum term of
209 imprisonment as required by paragraph (2)(b) or paragraph
210 (2)(c).
211 Section 6. Paragraph (d) of subsection (8) of section
212 893.13, Florida Statutes, is amended to read:
213 893.13 Prohibited acts; penalties.—
214 (8)
215 (d) Notwithstanding paragraph (c), if a prescribing
216 practitioner has violated paragraph (a) and received $1,000 or
217 more in payment for writing one or more prescriptions or, in the
218 case of a prescription written for a controlled substance
219 described in s. 893.135, has written one or more prescriptions
220 for a quantity of a controlled substance which, individually or
221 in the aggregate, meets the threshold for the offense of
222 trafficking in a controlled substance under s. 893.135, the
223 violation is reclassified as a felony of the second degree and
224 ranked in level 4 of the Public Safety Criminal Punishment Code.
225 Section 7. Subsection (2) of section 893.20, Florida
226 Statutes, is amended to read:
227 893.20 Continuing criminal enterprise.—
228 (2) A person who commits the offense of engaging in a
229 continuing criminal enterprise commits is guilty of a life
230 felony, punishable pursuant to the Public Safety Criminal
231 Punishment Code and by a fine of $500,000.
232 Section 8. Paragraph (f) of subsection (5) of section
233 910.035, Florida Statutes, is amended to read:
234 910.035 Transfer from county for plea, sentence, or
235 participation in a problem-solving court.—
236 (5) TRANSFER FOR PARTICIPATION IN A PROBLEM-SOLVING COURT.—
237 (f) Upon successful completion of the problem-solving court
238 program, the jurisdiction to which the case has been transferred
239 shall dispose of the case. If the defendant does not complete
240 the problem-solving court program successfully, the jurisdiction
241 to which the case has been transferred shall dispose of the case
242 within the guidelines of the Public Safety Criminal Punishment
243 Code.
244 Section 9. Section 921.0022, Florida Statutes, is amended
245 to read:
246 921.0022 Public Safety Criminal Punishment Code; offense
247 severity ranking chart.—
248 (1) The offense severity ranking chart must be used with
249 the Public Safety Criminal Punishment Code worksheet to compute
250 a sentence score for each felony offender whose offense was
251 committed on or after October 1, 1998.
252 (2) The offense severity ranking chart has 10 offense
253 levels, ranked from least severe, which are level 1 offenses, to
254 most severe, which are level 10 offenses, and each felony
255 offense is assigned to a level according to the severity of the
256 offense. For purposes of determining which felony offenses are
257 specifically listed in the offense severity ranking chart and
258 which severity level has been assigned to each of these
259 offenses, the numerical statutory references in the left column
260 of the chart and the felony degree designations in the middle
261 column of the chart are controlling; the language in the right
262 column of the chart is provided solely for descriptive purposes.
263 Reclassification of the degree of the felony through the
264 application of s. 775.0845, s. 775.085, s. 775.0861, s.
265 775.0862, s. 775.0863, s. 775.087, s. 775.0875, s. 794.023, or
266 any other law that provides an enhanced penalty for a felony
267 offense, to any offense listed in the offense severity ranking
268 chart in this section shall not cause the offense to become
269 unlisted and is not subject to the provisions of s. 921.0023.
270 (3) OFFENSE SEVERITY RANKING CHART
271 (a) LEVEL 1
272
273 FloridaStatute FelonyDegree Description
274 24.118(3)(a) 3rd Counterfeit or altered state lottery ticket.
275 212.054(2)(b) 3rd Discretionary sales surtax; limitations, administration, and collection.
276 212.15(2)(b) 3rd Failure to remit sales taxes, amount $1,000 or more but less than $20,000.
277 316.1935(1) 3rd Fleeing or attempting to elude law enforcement officer.
278 319.30(5) 3rd Sell, exchange, give away certificate of title or identification number plate.
279 319.35(1)(a) 3rd Tamper, adjust, change, etc., an odometer.
280 320.26(1)(a) 3rd Counterfeit, manufacture, or sell registration license plates or validation stickers.
281 322.212 (1)(a)-(c) 3rd Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification.
282 322.212(4) 3rd Supply or aid in supplying unauthorized driver license or identification card.
283 322.212(5)(a) 3rd False application for driver license or identification card.
284 414.39(3)(a) 3rd Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
285 443.071(1) 3rd False statement or representation to obtain or increase reemployment assistance benefits.
286 509.151(1) 3rd Defraud an innkeeper, food or lodging value $1,000 or more.
287 517.302(1) 3rd Violation of the Florida Securities and Investor Protection Act.
288 713.69 3rd Tenant removes property upon which lien has accrued, value $1,000 or more.
289 812.014(3)(c) 3rd Petit theft (3rd conviction); theft of any property not specified in subsection (2).
290 812.081(2) 3rd Unlawfully makes or causes to be made a reproduction of a trade secret.
291 815.04(5)(a) 3rd Offense against intellectual property (i.e., computer programs, data).
292 817.52(2) 3rd Hiring with intent to defraud, motor vehicle services.
293 817.569(2) 3rd Use of public record or public records information or providing false information to facilitate commission of a felony.
294 826.01 3rd Bigamy.
295 828.122(3) 3rd Fighting or baiting animals.
296 831.04(1) 3rd Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
297 831.31(1)(a) 3rd Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
298 832.041(1) 3rd Stopping payment with intent to defraud $150 or more.
299 832.05(2)(b) & (4)(c) 3rd Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more.
300 838.15(2) 3rd Commercial bribe receiving.
301 838.16 3rd Commercial bribery.
302 843.18 3rd Fleeing by boat to elude a law enforcement officer.
303 847.011(1)(a) 3rd Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
304 849.09(1)(a)-(d) 3rd Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery.
305 849.23 3rd Gambling-related machines; “common offender” as to property rights.
306 849.25(2) 3rd Engaging in bookmaking.
307 860.08 3rd Interfere with a railroad signal.
308 860.13(1)(a) 3rd Operate aircraft while under the influence.
309 893.13(2)(a)2. 3rd Purchase of cannabis.
310 893.13(6)(a) 3rd Possession of cannabis (more than 20 grams).
311 934.03(1)(a) 3rd Intercepts, or procures any other person to intercept, any wire or oral communication.
312 (b) LEVEL 2
313
314 FloridaStatute FelonyDegree Description
315 379.2431 (1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
316 379.2431 (1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
317 403.413(6)(c) 3rd Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste.
318 517.07(2) 3rd Failure to furnish a prospectus meeting requirements.
319 590.28(1) 3rd Intentional burning of lands.
320 784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
321 787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
322 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
323 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
324 810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
325 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $750 or more but less than $5,000.
326 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $750, taken from unenclosed curtilage of dwelling.
327 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
328 817.234(1)(a)2. 3rd False statement in support of insurance claim.
329 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
330 817.52(3) 3rd Failure to redeliver hired vehicle.
331 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
332 817.60(5) 3rd Dealing in credit cards of another.
333 817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
334 817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
335 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
336 831.01 3rd Forgery.
337 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
338 831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
339 831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
340 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
341 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
342 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
343 843.08 3rd False personation.
344 893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs other than cannabis.
345 893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
346 (c) LEVEL 3
347
348 FloridaStatute FelonyDegree Description
349 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
350 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
351 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
352 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
353 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
354 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
355 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
356 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
357 327.35(2)(b) 3rd Felony BUI.
358 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
359 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
360 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
361 379.2431 (1)(e)5. 3rd Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
362 379.2431 (1)(e)6. 3rd Possessing any marine turtle species or hatchling, or parts thereof, or the nest of any marine turtle species described in the Marine Turtle Protection Act.
363 379.2431 (1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
364 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license.
365 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information.
366 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
367 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
368 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
369 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
370 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
371 697.08 3rd Equity skimming.
372 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
373 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
374 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
375 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
376 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
377 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
378 812.015(8)(b) 3rd Retail theft with intent to sell; conspires with others.
379 815.04(5)(b) 2nd Computer offense devised to defraud or obtain property.
380 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
381 817.233 3rd Burning to defraud insurer.
382 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
383 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
384 817.236 3rd Filing a false motor vehicle insurance application.
385 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
386 817.413(2) 3rd Sale of used goods of $1,000 or more as new.
387 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
388 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards.
389 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
390 843.19 2nd Injure, disable, or kill police, fire, or SAR canine or police horse.
391 860.15(3) 3rd Overcharging for repairs and parts.
392 870.01(2) 3rd Riot; inciting or encouraging.
393 893.13(1)(a)2. 3rd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs).
394 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of university.
395 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of public housing facility.
396 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances.
397 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
398 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
399 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
400 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
401 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
402 893.13(8)(a)1. 3rd Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice.
403 893.13(8)(a)2. 3rd Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
404 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
405 893.13(8)(a)4. 3rd Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
406 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
407 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility.
408 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
409 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
410 (d) LEVEL 4
411
412 FloridaStatute FelonyDegree Description
413 316.1935(3)(a) 2nd Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
414 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements.
415 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
416 517.07(1) 3rd Failure to register securities.
417 517.12(1) 3rd Failure of dealer, associated person, or issuer of securities to register.
418 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
419 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
420 784.075 3rd Battery on detention or commitment facility staff.
421 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
422 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
423 784.081(3) 3rd Battery on specified official or employee.
424 784.082(3) 3rd Battery by detained person on visitor or other detainee.
425 784.083(3) 3rd Battery on code inspector.
426 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
427 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
428 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
429 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
430 787.07 3rd Human smuggling.
431 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
432 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
433 790.115(2)(c) 3rd Possessing firearm on school property.
434 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
435 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
436 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
437 810.06 3rd Burglary; possession of tools.
438 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
439 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
440 812.014 (2)(c)4.-10. 3rd Grand theft, 3rd degree; specified items.
441 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
442 817.505(4)(a) 3rd Patient brokering.
443 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
444 817.568(2)(a) 3rd Fraudulent use of personal identification information.
445 817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder.
446 817.625(2)(c) 3rd Possess, sell, or deliver skimming device.
447 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
448 837.02(1) 3rd Perjury in official proceedings.
449 837.021(1) 3rd Make contradictory statements in official proceedings.
450 838.022 3rd Official misconduct.
451 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
452 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families.
453 843.021 3rd Possession of a concealed handcuff key by a person in custody.
454 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
455 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
456 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
457 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang.
458 893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)5. drugs).
459 914.14(2) 3rd Witnesses accepting bribes.
460 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
461 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
462 918.12 3rd Tampering with jurors.
463 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
464 944.47(1)(a)6. 3rd Introduction of contraband (cellular telephone or other portable communication device) into correctional institution.
465 951.22(1)(h), (j) & (k) 3rd Intoxicating drug, instrumentality or other device to aid escape, or cellular telephone or other portable communication device introduced into county detention facility.
466 (e) LEVEL 5
467
468 FloridaStatute FelonyDegree Description
469 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
470 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
471 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
472 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
473 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
474 379.365(2)(c)1. 3rd Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked.
475 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
476 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
477 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
478 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
479 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
480 440.381(2) 3rd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
481 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
482 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
483 790.01(2) 3rd Carrying a concealed firearm.
484 790.162 2nd Threat to throw or discharge destructive device.
485 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
486 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
487 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
488 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
489 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
490 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
491 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
492 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
493 812.015(8)(a) & (c)-(e) 3rd Retail theft; property stolen is valued at $750 or more and one or more specified acts.
494 812.019(1) 2nd Stolen property; dealing in or trafficking in.
495 812.131(2)(b) 3rd Robbery by sudden snatching.
496 812.16(2) 3rd Owning, operating, or conducting a chop shop.
497 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
498 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
499 817.2341(1), (2)(a) & (3)(a) 3rd Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
500 817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more persons.
501 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
502 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
503 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
504 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
505 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
506 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
507 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
508 843.01 3rd Resist officer with violence to person; resist arrest with violence.
509 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
510 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
511 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
512 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
513 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
514 893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs).
515 893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
516 893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of university.
517 893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
518 893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of public housing facility.
519 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
520 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
521 (f) LEVEL 6
522
523 FloridaStatute FelonyDegree Description
524 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.
525 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
526 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license.
527 499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement.
528 499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
529 499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
530 775.0875(1) 3rd Taking firearm from law enforcement officer.
531 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
532 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
533 784.041 3rd Felony battery; domestic battery by strangulation.
534 784.048(3) 3rd Aggravated stalking; credible threat.
535 784.048(5) 3rd Aggravated stalking of person under 16.
536 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
537 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
538 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
539 784.081(2) 2nd Aggravated assault on specified official or employee.
540 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
541 784.083(2) 2nd Aggravated assault on code inspector.
542 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
543 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
544 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
545 790.164(1) 2nd False report concerning bomb, explosive, weapon of mass destruction, act of arson or violence to state property, or use of firearms in violent manner.
546 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
547 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
548 794.05(1) 2nd Unlawful sexual activity with specified minor.
549 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years of age; offender less than 18 years.
550 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
551 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
552 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
553 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.
554 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
555 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
556 812.015(9)(a) 2nd Retail theft; property stolen $750 or more; second or subsequent conviction.
557 812.015(9)(b) 2nd Retail theft; aggregated property stolen within 30 days is $3,000 or more; coordination of others.
558 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
559 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
560 817.505(4)(b) 2nd Patient brokering; 10 or more patients.
561 825.102(1) 3rd Abuse of an elderly person or disabled adult.
562 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
563 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
564 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
565 827.03(2)(c) 3rd Abuse of a child.
566 827.03(2)(d) 3rd Neglect of a child.
567 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
568 836.05 2nd Threats; extortion.
569 836.10 2nd Written threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
570 843.12 3rd Aids or assists person to escape.
571 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
572 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
573 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
574 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
575 944.35(3)(a)2. 3rd Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
576 944.40 2nd Escapes.
577 944.46 3rd Harboring, concealing, aiding escaped prisoners.
578 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
579 951.22(1)(i) 3rd Firearm or weapon introduced into county detention facility.
580 (g) LEVEL 7
581
582 FloridaStatute FelonyDegree Description
583 316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene.
584 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
585 316.1935(3)(b) 1st Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
586 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
587 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
588 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
589 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
590 456.065(2) 3rd Practicing a health care profession without a license.
591 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
592 458.327(1) 3rd Practicing medicine without a license.
593 459.013(1) 3rd Practicing osteopathic medicine without a license.
594 460.411(1) 3rd Practicing chiropractic medicine without a license.
595 461.012(1) 3rd Practicing podiatric medicine without a license.
596 462.17 3rd Practicing naturopathy without a license.
597 463.015(1) 3rd Practicing optometry without a license.
598 464.016(1) 3rd Practicing nursing without a license.
599 465.015(2) 3rd Practicing pharmacy without a license.
600 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
601 467.201 3rd Practicing midwifery without a license.
602 468.366 3rd Delivering respiratory care services without a license.
603 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
604 483.901(7) 3rd Practicing medical physics without a license.
605 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
606 484.053 3rd Dispensing hearing aids without a license.
607 494.0018(2) 1st Conviction of any violation of chapter 494 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
608 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
609 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
610 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
611 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
612 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
613 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
614 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
615 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
616 782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
617 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
618 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
619 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
620 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
621 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
622 784.048(7) 3rd Aggravated stalking; violation of court order.
623 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
624 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
625 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
626 784.081(1) 1st Aggravated battery on specified official or employee.
627 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
628 784.083(1) 1st Aggravated battery on code inspector.
629 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult.
630 787.06(3)(e)2. 1st Human trafficking using coercion for labor and services by the transfer or transport of an adult from outside Florida to within the state.
631 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
632 790.16(1) 1st Discharge of a machine gun under specified circumstances.
633 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
634 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
635 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
636 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
637 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
638 794.08(4) 3rd Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
639 796.05(1) 1st Live on earnings of a prostitute; 2nd offense.
640 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense.
641 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
642 800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years of age; offender 18 years of age or older.
643 800.04(5)(e) 1st Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years; offender 18 years or older; prior conviction for specified sex offense.
644 806.01(2) 2nd Maliciously damage structure by fire or explosive.
645 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
646 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
647 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
648 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
649 812.014(2)(a)1. 1st Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
650 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
651 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
652 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
653 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
654 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
655 812.131(2)(a) 2nd Robbery by sudden snatching.
656 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
657 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
658 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
659 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
660 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
661 817.2341 (2)(b) & (3)(b) 1st Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
662 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
663 817.611(2)(b) 2nd Traffic in or possess 15 to 49 counterfeit credit cards or related documents.
664 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
665 825.103(3)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $10,000 or more, but less than $50,000.
666 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
667 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
668 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
669 838.015 2nd Bribery.
670 838.016 2nd Unlawful compensation or reward for official behavior.
671 838.021(3)(a) 2nd Unlawful harm to a public servant.
672 838.22 2nd Bid tampering.
673 843.0855(2) 3rd Impersonation of a public officer or employee.
674 843.0855(3) 3rd Unlawful simulation of legal process.
675 843.0855(4) 3rd Intimidation of a public officer or employee.
676 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
677 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
678 872.06 2nd Abuse of a dead human body.
679 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
680 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
681 893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
682 893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5., within 1,000 feet of property used for religious services or a specified business site.
683 893.13(4)(a) 1st Use or hire of minor; deliver to minor other controlled substance.
684 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
685 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
686 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
687 893.135 (1)(c)2.a. 1st Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
688 893.135 (1)(c)2.b. 1st Trafficking in hydrocodone, 50 grams or more, less than 100 grams.
689 893.135 (1)(c)3.a. 1st Trafficking in oxycodone, 7 grams or more, less than 14 grams.
690 893.135 (1)(c)3.b. 1st Trafficking in oxycodone, 14 grams or more, less than 25 grams.
691 893.135 (1)(c)4.b.(I) 1st Trafficking in fentanyl, 4 grams or more, less than 14 grams.
692 893.135 (1)(d)1.a. 1st Trafficking in phencyclidine, 28 grams or more, less than 200 grams.
693 893.135(1)(e)1. 1st Trafficking in methaqualone, 200 grams or more, less than 5 kilograms.
694 893.135(1)(f)1. 1st Trafficking in amphetamine, 14 grams or more, less than 28 grams.
695 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
696 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
697 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
698 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
699 893.135 (1)(m)2.a. 1st Trafficking in synthetic cannabinoids, 280 grams or more, less than 500 grams.
700 893.135 (1)(m)2.b. 1st Trafficking in synthetic cannabinoids, 500 grams or more, less than 1,000 grams.
701 893.135 (1)(n)2.a. 1st Trafficking in n-benzyl phenethylamines, 14 grams or more, less than 100 grams.
702 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
703 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
704 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
705 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
706 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
707 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
708 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
709 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
710 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
711 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
712 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
713 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
714 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
715 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
716 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
717 (h) LEVEL 8
718
719 FloridaStatute FelonyDegree Description
720 316.193 (3)(c)3.a. 2nd DUI manslaughter.
721 316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
722 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
723 499.0051(6) 1st Knowing trafficking in contraband prescription drugs.
724 499.0051(7) 1st Knowing forgery of prescription labels or prescription drug labels.
725 560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
726 560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
727 655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
728 777.03(2)(a) 1st Accessory after the fact, capital felony.
729 782.04(4) 2nd Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aggravated fleeing or eluding with serious bodily injury or death, aircraft piracy, or unlawfully discharging bomb.
730 782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
731 782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
732 782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
733 787.06(3)(a)1. 1st Human trafficking for labor and services of a child.
734 787.06(3)(b) 1st Human trafficking using coercion for commercial sexual activity of an adult.
735 787.06(3)(c)2. 1st Human trafficking using coercion for labor and services of an unauthorized alien adult.
736 787.06(3)(e)1. 1st Human trafficking for labor and services by the transfer or transport of a child from outside Florida to within the state.
737 787.06(3)(f)2. 1st Human trafficking using coercion for commercial sexual activity by the transfer or transport of any adult from outside Florida to within the state.
738 790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
739 794.011(5)(a) 1st Sexual battery; victim 12 years of age or older but younger than 18 years; offender 18 years or older; offender does not use physical force likely to cause serious injury.
740 794.011(5)(b) 2nd Sexual battery; victim and offender 18 years of age or older; offender does not use physical force likely to cause serious injury.
741 794.011(5)(c) 2nd Sexual battery; victim 12 years of age or older; offender younger than 18 years; offender does not use physical force likely to cause injury.
742 794.011(5)(d) 1st Sexual battery; victim 12 years of age or older; offender does not use physical force likely to cause serious injury; prior conviction for specified sex offense.
743 794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state.
744 800.04(4)(b) 2nd Lewd or lascivious battery.
745 800.04(4)(c) 1st Lewd or lascivious battery; offender 18 years of age or older; prior conviction for specified sex offense.
746 806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
747 810.02(2)(a) 1st,PBL Burglary with assault or battery.
748 810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
749 810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
750 812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
751 812.13(2)(b) 1st Robbery with a weapon.
752 812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
753 817.505(4)(c) 1st Patient brokering; 20 or more patients.
754 817.535(2)(b) 2nd Filing false lien or other unauthorized document; second or subsequent offense.
755 817.535(3)(a) 2nd Filing false lien or other unauthorized document; property owner is a public officer or employee.
756 817.535(4)(a)1. 2nd Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
757 817.535(5)(a) 2nd Filing false lien or other unauthorized document; owner of the property incurs financial loss as a result of the false instrument.
758 817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
759 817.611(2)(c) 1st Traffic in or possess 50 or more counterfeit credit cards or related documents.
760 825.102(2) 1st Aggravated abuse of an elderly person or disabled adult.
761 825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
762 825.103(3)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $50,000 or more.
763 837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
764 837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
765 860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
766 860.16 1st Aircraft piracy.
767 893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
768 893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
769 893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
770 893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
771 893.135 (1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
772 893.135(1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
773 893.135 (1)(c)2.c. 1st Trafficking in hydrocodone, 100 grams or more, less than 300 grams.
774 893.135 (1)(c)3.c. 1st Trafficking in oxycodone, 25 grams or more, less than 100 grams.
775 893.135 (1)(c)4.b.(II) 1st Trafficking in fentanyl, 14 grams or more, less than 28 grams.
776 893.135 (1)(d)1.b. 1st Trafficking in phencyclidine, 200 grams or more, less than 400 grams.
777 893.135 (1)(e)1.b. 1st Trafficking in methaqualone, 5 kilograms or more, less than 25 kilograms.
778 893.135 (1)(f)1.b. 1st Trafficking in amphetamine, 28 grams or more, less than 200 grams.
779 893.135 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
780 893.135 (1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
781 893.135 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
782 893.135 (1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
783 893.135 (1)(m)2.c. 1st Trafficking in synthetic cannabinoids, 1,000 grams or more, less than 30 kilograms.
784 893.135 (1)(n)2.b. 1st Trafficking in n-benzyl phenethylamines, 100 grams or more, less than 200 grams.
785 893.1351(3) 1st Possession of a place used to manufacture controlled substance when minor is present or resides there.
786 895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
787 895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
788 895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
789 896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
790 896.104(4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
791 (i) LEVEL 9
792
793 FloridaStatute FelonyDegree Description
794 316.193 (3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
795 327.35 (3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
796 409.920 (2)(b)1.c. 1st Medicaid provider fraud; $50,000 or more.
797 499.0051(8) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
798 560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
799 560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
800 655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
801 775.0844 1st Aggravated white collar crime.
802 782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
803 782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, aggravated fleeing or eluding with serious bodily injury or death, and other specified felonies.
804 782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
805 782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
806 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
807 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
808 787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
809 787.02(3)(a) 1st,PBL False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
810 787.06(3)(c)1. 1st Human trafficking for labor and services of an unauthorized alien child.
811 787.06(3)(d) 1st Human trafficking using coercion for commercial sexual activity of an unauthorized adult alien.
812 787.06(3)(f)1. 1st,PBL Human trafficking for commercial sexual activity by the transfer or transport of any child from outside Florida to within the state.
813 790.161 1st Attempted capital destructive device offense.
814 790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
815 794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
816 794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
817 794.011(4)(a) 1st,PBL Sexual battery, certain circumstances; victim 12 years of age or older but younger than 18 years; offender 18 years or older.
818 794.011(4)(b) 1st Sexual battery, certain circumstances; victim and offender 18 years of age or older.
819 794.011(4)(c) 1st Sexual battery, certain circumstances; victim 12 years of age or older; offender younger than 18 years.
820 794.011(4)(d) 1st,PBL Sexual battery, certain circumstances; victim 12 years of age or older; prior conviction for specified sex offenses.
821 794.011(8)(b) 1st,PBL Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
822 794.08(2) 1st Female genital mutilation; victim younger than 18 years of age.
823 800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
824 812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
825 812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
826 812.135(2)(b) 1st Home-invasion robbery with weapon.
827 817.535(3)(b) 1st Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee.
828 817.535(4)(a)2. 1st Filing false claim or other unauthorized document; defendant is incarcerated or under supervision.
829 817.535(5)(b) 1st Filing false lien or other unauthorized document; second or subsequent offense; owner of the property incurs financial loss as a result of the false instrument.
830 817.568(7) 2nd,PBL Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
831 827.03(2)(a) 1st Aggravated child abuse.
832 847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
833 847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
834 859.01 1st Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
835 893.135 1st Attempted capital trafficking offense.
836 893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
837 893.135 (1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
838 893.135 (1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
839 893.135 (1)(c)2.d. 1st Trafficking in hydrocodone, 300 grams or more, less than 30 kilograms.
840 893.135 (1)(c)3.d. 1st Trafficking in oxycodone, 100 grams or more, less than 30 kilograms.
841 893.135 (1)(c)4.b.(III) 1st Trafficking in fentanyl, 28 grams or more.
842 893.135 (1)(d)1.c. 1st Trafficking in phencyclidine, 400 grams or more.
843 893.135 (1)(e)1.c. 1st Trafficking in methaqualone, 25 kilograms or more.
844 893.135 (1)(f)1.c. 1st Trafficking in amphetamine, 200 grams or more.
845 893.135 (1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
846 893.135 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
847 893.135 (1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
848 893.135 (1)(m)2.d. 1st Trafficking in synthetic cannabinoids, 30 kilograms or more.
849 893.135 (1)(n)2.c. 1st Trafficking in n-benzyl phenethylamines, 200 grams or more.
850 896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
851 896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
852 (j) LEVEL 10
853
854 FloridaStatute FelonyDegree Description
855 499.0051(9) 1st Knowing sale or purchase of contraband prescription drugs resulting in death.
856 782.04(2) 1st,PBL Unlawful killing of human; act is homicide, unpremeditated.
857 782.07(3) 1st Aggravated manslaughter of a child.
858 787.01(1)(a)3. 1st,PBL Kidnapping; inflict bodily harm upon or terrorize victim.
859 787.01(3)(a) Life Kidnapping; child under age 13, perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
860 787.06(3)(g) Life Human trafficking for commercial sexual activity of a child under the age of 18 or mentally defective or incapacitated person.
861 787.06(4)(a) Life Selling or buying of minors into human trafficking.
862 794.011(3) Life Sexual battery; victim 12 years or older, offender uses or threatens to use deadly weapon or physical force to cause serious injury.
863 812.135(2)(a) 1st,PBL Home-invasion robbery with firearm or other deadly weapon.
864 876.32 1st Treason against the state.
865 Section 10. Section 921.0023, Florida Statutes, is amended
866 to read:
867 921.0023 Public Safety Criminal Punishment Code; ranking
868 unlisted felony offenses.—A felony offense committed on or after
869 October 1, 1998, that is not listed in s. 921.0022 is ranked
870 with respect to offense severity level by the Legislature,
871 commensurate with the harm or potential harm that is caused by
872 the offense to the community. Until the Legislature specifically
873 assigns an offense to a severity level in the offense severity
874 ranking chart, the severity level is within the following
875 parameters:
876 (1) A felony of the third degree within offense level 1.
877 (2) A felony of the second degree within offense level 4.
878 (3) A felony of the first degree within offense level 7.
879 (4) A felony of the first degree punishable by life within
880 offense level 9.
881 (5) A life felony within offense level 10.
882 Section 11. Section 921.0024, Florida Statutes, is amended
883 to read:
884 921.0024 Public Safety Criminal Punishment Code; worksheet
885 computations; scoresheets.—
886 (1)(a) The Public Safety Criminal Punishment Code worksheet
887 is used to compute the subtotal and total sentence points as
888 follows:
889
890 FLORIDA PUBLIC SAFETY CRIMINAL PUNISHMENT CODE
891 WORKSHEET
892
893 OFFENSE SCORE
894
895 Primary Offense
896 Level Sentence Points Total
897 10 116 = ........
898 9 92 = ........
899 8 74 = ........
900 7 56 = ........
901 6 36 = ........
902 5 28 = ........
903 4 22 = ........
904 3 16 = ........
905 2 10 = ........
906 1 4 = ........
907
908 Total
909
910 Additional Offenses
911 Level Sentence Points Counts Total
912 10 58 x .... = ....
913 9 46 x .... = ....
914 8 37 x .... = ....
915 7 28 x .... = ....
916 6 18 x .... = ....
917 5 5.4 x .... = ....
918 4 3.6 x .... = ....
919 3 2.4 x .... = ....
920 2 1.2 x .... = ....
921 1 0.7 x .... = ....
922 M 0.2 x .... = ....
923
924 Total
925
926 Victim Injury
927 Level Sentence Points Number Total
928 2nd degreemurder-death 240 x .... = ....
929 Death 120 x .... = ....
930 Severe 40 x .... = ....
931 Moderate 18 x .... = ....
932 Slight 4 x .... = ....
933 Sexual penetration 80 x .... = ....
934 Sexual contact 40 x .... = ....
935
936 Total
937 Primary Offense + Additional Offenses + Victim Injury =
938 TOTAL OFFENSE SCORE
939
940 PRIOR RECORD SCORE
941
942 Prior Record
943 Level Sentence Points Number Total
944 10 29 x .... = ....
945 9 23 x .... = ....
946 8 19 x .... = ....
947 7 14 x .... = ....
948 6 9 x .... = ....
949 5 3.6 x .... = ....
950 4 2.4 x .... = ....
951 3 1.6 x .... = ....
952 2 0.8 x .... = ....
953 1 0.5 x .... = ....
954 M 0.2 x .... = ....
955
956 Total
957 TOTAL OFFENSE SCORE...........................................
958 TOTAL PRIOR RECORD SCORE......................................
959
960 LEGAL STATUS..................................................
961 COMMUNITY SANCTION VIOLATION..................................
962 PRIOR SERIOUS FELONY..........................................
963 PRIOR CAPITAL FELONY..........................................
964 FIREARM OR SEMIAUTOMATIC WEAPON...............................
965 SUBTOTAL........
966
967 PRISON RELEASEE REOFFENDER (no)(yes)..........................
968 VIOLENT CAREER CRIMINAL (no)(yes).............................
969 HABITUAL VIOLENT OFFENDER (no)(yes)...........................
970 HABITUAL OFFENDER (no)(yes)...................................
971 DRUG TRAFFICKER (no)(yes) (x multiplier)......................
972 LAW ENF. PROTECT. (no)(yes) (x multiplier)....................
973 MOTOR VEHICLE THEFT (no)(yes) (x multiplier)..................
974 CRIMINAL GANG OFFENSE (no)(yes) (x multiplier)................
975 DOMESTIC VIOLENCE IN THE PRESENCE OF RELATED CHILD (no)(yes)
976 (x multiplier)..................................................
977 ADULT-ON-MINOR SEX OFFENSE (no)(yes) (x multiplier)...........
978 ................................................................
979 TOTAL SENTENCE POINTS........
980
981 (b) WORKSHEET KEY:
982
983 Legal status points are assessed when any form of legal status
984 existed at the time the offender committed an offense before the
985 court for sentencing. Four (4) sentence points are assessed for
986 an offender’s legal status.
987
988 Community sanction violation points are assessed when a
989 community sanction violation is before the court for sentencing.
990 Six (6) sentence points are assessed for each community sanction
991 violation and each successive community sanction violation,
992 unless any of the following apply:
993 1. If the community sanction violation includes a new
994 felony conviction before the sentencing court, twelve (12)
995 community sanction violation points are assessed for the
996 violation, and for each successive community sanction violation
997 involving a new felony conviction.
998 2. If the community sanction violation is committed by a
999 violent felony offender of special concern as defined in s.
1000 948.06:
1001 a. Twelve (12) community sanction violation points are
1002 assessed for the violation and for each successive violation of
1003 felony probation or community control where:
1004 I. The violation does not include a new felony conviction;
1005 and
1006 II. The community sanction violation is not based solely on
1007 the probationer or offender’s failure to pay costs or fines or
1008 make restitution payments.
1009 b. Twenty-four (24) community sanction violation points are
1010 assessed for the violation and for each successive violation of
1011 felony probation or community control where the violation
1012 includes a new felony conviction.
1013
1014 Multiple counts of community sanction violations before the
1015 sentencing court shall not be a basis for multiplying the
1016 assessment of community sanction violation points.
1017
1018 Prior serious felony points: If the offender has a primary
1019 offense or any additional offense ranked in level 8, level 9, or
1020 level 10, and one or more prior serious felonies, a single
1021 assessment of thirty (30) points shall be added. For purposes of
1022 this section, a prior serious felony is an offense in the
1023 offender’s prior record that is ranked in level 8, level 9, or
1024 level 10 under s. 921.0022 or s. 921.0023 and for which the
1025 offender is serving a sentence of confinement, supervision, or
1026 other sanction or for which the offender’s date of release from
1027 confinement, supervision, or other sanction, whichever is later,
1028 is within 3 years before the date the primary offense or any
1029 additional offense was committed.
1030
1031 Prior capital felony points: If the offender has one or more
1032 prior capital felonies in the offender’s criminal record, points
1033 shall be added to the subtotal sentence points of the offender
1034 equal to twice the number of points the offender receives for
1035 the primary offense and any additional offense. A prior capital
1036 felony in the offender’s criminal record is a previous capital
1037 felony offense for which the offender has entered a plea of nolo
1038 contendere or guilty or has been found guilty; or a felony in
1039 another jurisdiction which is a capital felony in that
1040 jurisdiction, or would be a capital felony if the offense were
1041 committed in this state.
1042
1043 Possession of a firearm, semiautomatic firearm, or machine gun:
1044 If the offender is convicted of committing or attempting to
1045 commit any felony other than those enumerated in s. 775.087(2)
1046 while having in his or her possession: a firearm as defined in
1047 s. 790.001(6), an additional eighteen (18) sentence points are
1048 assessed; or if the offender is convicted of committing or
1049 attempting to commit any felony other than those enumerated in
1050 s. 775.087(3) while having in his or her possession a
1051 semiautomatic firearm as defined in s. 775.087(3) or a machine
1052 gun as defined in s. 790.001(9), an additional twenty-five (25)
1053 sentence points are assessed.
1054
1055 Sentencing multipliers:
1056
1057 Drug trafficking: If the primary offense is drug trafficking
1058 under s. 893.135, the subtotal sentence points are multiplied,
1059 at the discretion of the court, for a level 7 or level 8
1060 offense, by 1.5. The state attorney may move the sentencing
1061 court to reduce or suspend the sentence of a person convicted of
1062 a level 7 or level 8 offense, if the offender provides
1063 substantial assistance as described in s. 893.135(4).
1064
1065 Law enforcement protection: If the primary offense is a
1066 violation of the Law Enforcement Protection Act under s.
1067 775.0823(2), (3), or (4), the subtotal sentence points are
1068 multiplied by 2.5. If the primary offense is a violation of s.
1069 775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
1070 are multiplied by 2.0. If the primary offense is a violation of
1071 s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement
1072 Protection Act under s. 775.0823(10) or (11), the subtotal
1073 sentence points are multiplied by 1.5.
1074
1075 Grand theft of a motor vehicle: If the primary offense is grand
1076 theft of the third degree involving a motor vehicle and in the
1077 offender’s prior record, there are three or more grand thefts of
1078 the third degree involving a motor vehicle, the subtotal
1079 sentence points are multiplied by 1.5.
1080
1081 Offense related to a criminal gang: If the offender is convicted
1082 of the primary offense and committed that offense for the
1083 purpose of benefiting, promoting, or furthering the interests of
1084 a criminal gang as defined in s. 874.03, the subtotal sentence
1085 points are multiplied by 1.5. If applying the multiplier results
1086 in the lowest permissible sentence exceeding the statutory
1087 maximum sentence for the primary offense under chapter 775, the
1088 court may not apply the multiplier and must sentence the
1089 defendant to the statutory maximum sentence.
1090
1091 Domestic violence in the presence of a child: If the offender is
1092 convicted of the primary offense and the primary offense is a
1093 crime of domestic violence, as defined in s. 741.28, which was
1094 committed in the presence of a child under 16 years of age who
1095 is a family or household member as defined in s. 741.28(3) with
1096 the victim or perpetrator, the subtotal sentence points are
1097 multiplied by 1.5.
1098
1099 Adult-on-minor sex offense: If the offender was 18 years of age
1100 or older and the victim was younger than 18 years of age at the
1101 time the offender committed the primary offense, and if the
1102 primary offense was an offense committed on or after October 1,
1103 2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the
1104 violation involved a victim who was a minor and, in the course
1105 of committing that violation, the defendant committed a sexual
1106 battery under chapter 794 or a lewd act under s. 800.04 or s.
1107 847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s.
1108 787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s.
1109 800.04; or s. 847.0135(5), the subtotal sentence points are
1110 multiplied by 2.0. If applying the multiplier results in the
1111 lowest permissible sentence exceeding the statutory maximum
1112 sentence for the primary offense under chapter 775, the court
1113 may not apply the multiplier and must sentence the defendant to
1114 the statutory maximum sentence.
1115 (2) The lowest permissible sentence is the minimum sentence
1116 that may be imposed by the trial court, absent a valid reason
1117 for departure. The lowest permissible sentence is any nonstate
1118 prison sanction in which the total sentence points equals or is
1119 less than 44 points, unless the court determines within its
1120 discretion that a prison sentence, which may be up to the
1121 statutory maximums for the offenses committed, is appropriate.
1122 When the total sentence points exceeds 44 points, the lowest
1123 permissible sentence in prison months shall be calculated by
1124 subtracting 28 points from the total sentence points and
1125 decreasing the remaining total by 25 percent. The total sentence
1126 points shall be calculated only as a means of determining the
1127 lowest permissible sentence. The permissible range for
1128 sentencing shall be the lowest permissible sentence up to and
1129 including the statutory maximum, as defined in s. 775.082, for
1130 the primary offense and any additional offenses before the court
1131 for sentencing. The sentencing court may impose such sentences
1132 concurrently or consecutively. However, any sentence to state
1133 prison must exceed 1 year. If the lowest permissible sentence
1134 under the code exceeds the statutory maximum sentence as
1135 provided in s. 775.082, the sentence required by the code must
1136 be imposed. If the total sentence points are greater than or
1137 equal to 363, the court may sentence the offender to life
1138 imprisonment. An offender sentenced to life imprisonment under
1139 this section is not eligible for any form of discretionary early
1140 release, except executive clemency or conditional medical
1141 release under s. 947.149.
1142 (3) A single digitized scoresheet shall be prepared for
1143 each defendant to determine the permissible range for the
1144 sentence that the court may impose, except that if the defendant
1145 is before the court for sentencing for more than one felony and
1146 the felonies were committed under more than one version or
1147 revision of the guidelines or the code, separate digitized
1148 scoresheets must be prepared. The scoresheet or scoresheets must
1149 cover all the defendant’s offenses pending before the court for
1150 sentencing. The state attorney shall prepare the digitized
1151 scoresheet or scoresheets, which must be presented to the
1152 defense counsel for review for accuracy in all cases unless the
1153 judge directs otherwise. The defendant’s scoresheet or
1154 scoresheets must be approved and signed by the sentencing judge.
1155 (4) The Department of Corrections, in consultation with the
1156 Office of the State Courts Administrator, state attorneys, and
1157 public defenders, must develop and submit the revised digitized
1158 Public Safety Criminal Punishment Code scoresheet to the Supreme
1159 Court for approval by June 15 of each year, as necessary. The
1160 digitized scoresheet shall have individual, structured data
1161 cells for each data field on the scoresheet. Upon the Supreme
1162 Court’s approval of the revised digitized scoresheet, the
1163 Department of Corrections shall produce and provide the revised
1164 digitized scoresheets by September 30 of each year, as
1165 necessary. Digitized scoresheets must include individual data
1166 cells to indicate whether any prison sentence imposed includes a
1167 mandatory minimum sentence or the sentence imposed was a
1168 downward departure from the lowest permissible sentence under
1169 the Public Safety Criminal Punishment Code.
1170 (5) The Department of Corrections shall make available the
1171 digitized Public Safety Criminal Punishment Code scoresheets to
1172 those persons charged with the responsibility for preparing
1173 scoresheets.
1174 (6) The clerk of the circuit court shall transmit a
1175 complete and accurate digitized copy of the Public Safety
1176 Criminal Punishment Code scoresheet used in each sentencing
1177 proceeding to the Department of Corrections. Scoresheets must be
1178 electronically transmitted no less frequently than monthly, by
1179 the first of each month, and may be sent collectively.
1180 (7) A digitized sentencing scoresheet must be prepared for
1181 every defendant who is sentenced for a felony offense. The
1182 individual offender’s digitized Public Safety Criminal
1183 Punishment Code scoresheet and any attachments thereto prepared
1184 pursuant to Rule 3.701, Rule 3.702, or Rule 3.703, Florida Rules
1185 of Criminal Procedure, or any other rule pertaining to the
1186 preparation and submission of felony sentencing scoresheets,
1187 must be included with the uniform judgment and sentence form
1188 provided to the Department of Corrections.
1189 Section 12. Section 921.0025, Florida Statutes, is amended
1190 to read:
1191 921.0025 Adoption and implementation of revised sentencing
1192 scoresheets.—Rules 3.701, 3.702, 3.703, and 3.988, Florida Rules
1193 of Criminal Procedure, as revised by the Supreme Court, and any
1194 other rule pertaining to the preparation and submission of
1195 felony sentencing scoresheets, are adopted and implemented in
1196 accordance with this chapter for application to the Public
1197 Safety Criminal Punishment Code.
1198 Section 13. Paragraph (m) of subsection (2) of section
1199 921.0026, Florida Statutes, is amended to read:
1200 921.0026 Mitigating circumstances.—This section applies to
1201 any felony offense, except any capital felony, committed on or
1202 after October 1, 1998.
1203 (2) Mitigating circumstances under which a departure from
1204 the lowest permissible sentence is reasonably justified include,
1205 but are not limited to:
1206 (m) The defendant’s offense is a nonviolent felony, the
1207 defendant’s Public Safety Criminal Punishment Code scoresheet
1208 total sentence points under s. 921.0024 are 60 points or fewer,
1209 and the court determines that the defendant is amenable to the
1210 services of a postadjudicatory treatment-based drug court
1211 program and is otherwise qualified to participate in the program
1212 as part of the sentence. For purposes of this paragraph, the
1213 term “nonviolent felony” has the same meaning as provided in s.
1214 948.08(6).
1215 Section 14. Section 921.0027, Florida Statutes, is amended
1216 to read:
1217 921.0027 Public Safety Criminal Punishment Code and
1218 revisions; applicability.—The Florida Public Safety Criminal
1219 Punishment Code applies to all felonies, except capital
1220 felonies, committed on or after October 1, 1998. Any revision to
1221 the Public Safety Criminal Punishment Code applies to sentencing
1222 for all felonies, except capital felonies, committed on or after
1223 the effective date of the revision. Felonies, except capital
1224 felonies, with continuing dates of enterprise shall be sentenced
1225 under the Public Safety Criminal Punishment Code in effect on
1226 the beginning date of the criminal activity.
1227 Section 15. Subsection (1) of section 924.06, Florida
1228 Statutes, is amended to read:
1229 924.06 Appeal by defendant.—
1230 (1) A defendant may appeal from:
1231 (a) A final judgment of conviction when probation has not
1232 been granted under chapter 948, except as provided in subsection
1233 (3);
1234 (b) An order granting probation under chapter 948;
1235 (c) An order revoking probation under chapter 948;
1236 (d) A sentence, on the ground that it is illegal; or
1237 (e) A sentence imposed under s. 921.0024 of the Public
1238 Safety Criminal Punishment Code which exceeds the statutory
1239 maximum penalty provided in s. 775.082 for an offense at
1240 conviction, or the consecutive statutory maximums for offenses
1241 at conviction, unless otherwise provided by law.
1242 Section 16. Paragraph (i) of subsection (1) of section
1243 924.07, Florida Statutes, is amended to read:
1244 924.07 Appeal by state.—
1245 (1) The state may appeal from:
1246 (i) A sentence imposed below the lowest permissible
1247 sentence established by the Public Safety Criminal Punishment
1248 Code under chapter 921.
1249 Section 17. Paragraph (c) of subsection (3) and paragraph
1250 (e) of subsection (5) of section 944.17, Florida Statutes, are
1251 amended to read:
1252 944.17 Commitments and classification; transfers.—
1253 (3)
1254 (c)1. When the highest ranking offense for which the
1255 prisoner is convicted is a felony, the trial court shall
1256 sentence the prisoner pursuant to the Public Safety Criminal
1257 Punishment Code in chapter 921.
1258 2. When the highest ranking offense for which the prisoner
1259 is convicted is a misdemeanor, the trial court shall sentence
1260 the prisoner pursuant to s. 775.082(4).
1261 (5) The department shall also refuse to accept a person
1262 into the state correctional system unless the following
1263 documents are presented in a completed form by the sheriff or
1264 chief correctional officer, or a designated representative, to
1265 the officer in charge of the reception process. The department
1266 may, at its discretion, receive such documents electronically:
1267 (e) A copy of the Public Safety Criminal Punishment Code
1268 scoresheet and any attachments thereto prepared pursuant to Rule
1269 3.701, Rule 3.702, or Rule 3.703, Florida Rules of Criminal
1270 Procedure, or any other rule pertaining to the preparation of
1271 felony sentencing scoresheets.
1272
1273 In addition, the sheriff or other officer having such person in
1274 charge shall also deliver with the foregoing documents any
1275 available presentence investigation reports as described in s.
1276 921.231 and any attached documents. After a prisoner is admitted
1277 into the state correctional system, the department may request
1278 such additional records relating to the prisoner as it considers
1279 necessary from the clerk of the court, the Department of
1280 Children and Families, or any other state or county agency for
1281 the purpose of determining the prisoner’s proper custody
1282 classification, gain-time eligibility, or eligibility for early
1283 release programs. An agency that receives such a request from
1284 the department must provide the information requested. The
1285 department may, at its discretion, receive such information
1286 electronically.
1287 Section 18. Paragraph (a) of subsection (7) of section
1288 948.01, Florida Statutes, is amended to read:
1289 948.01 When court may place defendant on probation or into
1290 community control.—
1291 (7)(a) Notwithstanding s. 921.0024 and effective for
1292 offenses committed on or after July 1, 2009, the sentencing
1293 court may place the defendant into a postadjudicatory treatment
1294 based drug court program if the defendant’s Public Safety
1295 Criminal Punishment Code scoresheet total sentence points under
1296 s. 921.0024 are 60 points or fewer, the offense is a nonviolent
1297 felony, the defendant is amenable to substance abuse treatment,
1298 and the defendant otherwise qualifies under s. 397.334(3). The
1299 satisfactory completion of the program shall be a condition of
1300 the defendant’s probation or community control. As used in this
1301 subsection, the term “nonviolent felony” means a third degree
1302 felony violation under chapter 810 or any other felony offense
1303 that is not a forcible felony as defined in s. 776.08.
1304 Section 19. Section 948.015, Florida Statutes, is amended
1305 to read:
1306 948.015 Presentence investigation reports.—The circuit
1307 court, when the defendant in a criminal case has been found
1308 guilty or has entered a plea of nolo contendere or guilty and
1309 has a lowest permissible sentence under the Public Safety
1310 Criminal Punishment Code of any nonstate prison sanction, may
1311 refer the case to the department for investigation or
1312 recommendation. Upon such referral, the department shall make
1313 the following report in writing at a time specified by the court
1314 prior to sentencing. The full report shall include:
1315 (1) A complete description of the situation surrounding the
1316 criminal activity with which the offender has been charged,
1317 including a synopsis of the trial transcript, if one has been
1318 made; nature of the plea agreement, including the number of
1319 counts waived, the pleas agreed upon, the sentence agreed upon,
1320 and any additional terms of agreement; and, at the offender’s
1321 discretion, his or her version and explanation of the criminal
1322 activity.
1323 (2) The offender’s sentencing status, including whether the
1324 offender is a first offender, a habitual or violent offender, a
1325 youthful offender, or is currently on probation.
1326 (3) The offender’s prior record of arrests and convictions.
1327 (4) The offender’s educational background.
1328 (5) The offender’s employment background, including any
1329 military record, present employment status, and occupational
1330 capabilities.
1331 (6) The offender’s financial status, including total
1332 monthly income and estimated total debts.
1333 (7) The social history of the offender, including his or
1334 her family relationships, marital status, interests, and
1335 activities.
1336 (8) The residence history of the offender.
1337 (9) The offender’s medical history and, as appropriate, a
1338 psychological or psychiatric evaluation.
1339 (10) Information about the environments to which the
1340 offender might return or to which the offender could be sent
1341 should a sentence of nonincarceration or community supervision
1342 be imposed by the court, and consideration of the offender’s
1343 plan concerning employment supervision and treatment.
1344 (11) Information about any resources available to assist
1345 the offender, such as:
1346 (a) Treatment centers.
1347 (b) Residential facilities.
1348 (c) Career training programs.
1349 (d) Special education programs.
1350 (e) Services that may preclude or supplement commitment to
1351 the department.
1352 (12) The views of the person preparing the report as to the
1353 offender’s motivations and ambitions and an assessment of the
1354 offender’s explanations for his or her criminal activity.
1355 (13) An explanation of the offender’s criminal record, if
1356 any, including his or her version and explanation of any
1357 previous offenses.
1358 (14) A statement regarding the extent of any victim’s loss
1359 or injury.
1360 (15) A recommendation as to disposition by the court. The
1361 department shall make a written determination as to the reasons
1362 for its recommendation, and shall include an evaluation of the
1363 following factors:
1364 (a) The appropriateness or inappropriateness of community
1365 facilities, programs, or services for treatment or supervision
1366 for the offender.
1367 (b) The ability or inability of the department to provide
1368 an adequate level of supervision for the offender in the
1369 community and a statement of what constitutes an adequate level
1370 of supervision.
1371 (c) The existence of other treatment modalities which the
1372 offender could use but which do not exist at present in the
1373 community.
1374 Section 20. Paragraph (j) of subsection (2) of section
1375 948.06, Florida Statutes, is amended to read:
1376 948.06 Violation of probation or community control;
1377 revocation; modification; continuance; failure to pay
1378 restitution or cost of supervision.—
1379 (2)
1380 (j)1. Notwithstanding s. 921.0024 and effective for
1381 offenses committed on or after July 1, 2009, the court may order
1382 the defendant to successfully complete a postadjudicatory
1383 treatment-based drug court program if:
1384 a. The court finds or the offender admits that the offender
1385 has violated his or her community control or probation;
1386 b. The offender’s Public Safety Criminal Punishment Code
1387 scoresheet total sentence points under s. 921.0024 are 60 points
1388 or fewer after including points for the violation;
1389 c. The underlying offense is a nonviolent felony. As used
1390 in this subsection, the term “nonviolent felony” means a third
1391 degree felony violation under chapter 810 or any other felony
1392 offense that is not a forcible felony as defined in s. 776.08;
1393 d. The court determines that the offender is amenable to
1394 the services of a postadjudicatory treatment-based drug court
1395 program;
1396 e. The court has explained the purpose of the program to
1397 the offender and the offender has agreed to participate; and
1398 f. The offender is otherwise qualified to participate in
1399 the program under the provisions of s. 397.334(3).
1400 2. After the court orders the modification of community
1401 control or probation, the original sentencing court shall
1402 relinquish jurisdiction of the offender’s case to the
1403 postadjudicatory treatment-based drug court program until the
1404 offender is no longer active in the program, the case is
1405 returned to the sentencing court due to the offender’s
1406 termination from the program for failure to comply with the
1407 terms thereof, or the offender’s sentence is completed.
1408 Section 21. Subsection (1) of section 948.20, Florida
1409 Statutes, is amended to read:
1410 948.20 Drug offender probation.—
1411 (1) If it appears to the court upon a hearing that the
1412 defendant is a chronic substance abuser whose criminal conduct
1413 is a violation of s. 893.13(2)(a) or (6)(a), or other nonviolent
1414 felony if such nonviolent felony is committed on or after July
1415 1, 2009, and notwithstanding s. 921.0024, the defendant’s Public
1416 Safety Criminal Punishment Code scoresheet total sentence points
1417 are 60 points or fewer, the court may either adjudge the
1418 defendant guilty or stay and withhold the adjudication of guilt.
1419 In either case, the court may also stay and withhold the
1420 imposition of sentence and place the defendant on drug offender
1421 probation or into a postadjudicatory treatment-based drug court
1422 program if the defendant otherwise qualifies. As used in this
1423 section, the term “nonviolent felony” means a third degree
1424 felony violation under chapter 810 or any other felony offense
1425 that is not a forcible felony as defined in s. 776.08.
1426 Section 22. Paragraph (c) of subsection (2) of section
1427 948.51, Florida Statutes, is amended to read:
1428 948.51 Community corrections assistance to counties or
1429 county consortiums.—
1430 (2) ELIGIBILITY OF COUNTIES AND COUNTY CONSORTIUMS.—A
1431 county, or a consortium of two or more counties, may contract
1432 with the Department of Corrections for community corrections
1433 funds as provided in this section. In order to enter into a
1434 community corrections partnership contract, a county or county
1435 consortium must have a public safety coordinating council
1436 established under s. 951.26 and must designate a county officer
1437 or agency to be responsible for administering community
1438 corrections funds received from the state. The public safety
1439 coordinating council shall prepare, develop, and implement a
1440 comprehensive public safety plan for the county, or the
1441 geographic area represented by the county consortium, and shall
1442 submit an annual report to the Department of Corrections
1443 concerning the status of the program. In preparing the
1444 comprehensive public safety plan, the public safety coordinating
1445 council shall cooperate with the juvenile justice circuit
1446 advisory board established under s. 985.664 in order to include
1447 programs and services for juveniles in the plan. To be eligible
1448 for community corrections funds under the contract, the initial
1449 public safety plan must be approved by the governing board of
1450 the county, or the governing board of each county within the
1451 consortium, and the Secretary of Corrections based on the
1452 requirements of this section. If one or more other counties
1453 develop a unified public safety plan, the public safety
1454 coordinating council shall submit a single application to the
1455 department for funding. Continued contract funding shall be
1456 pursuant to subsection (5). The plan for a county or county
1457 consortium must cover at least a 5-year period and must include:
1458 (c) Specific goals and objectives for reducing the
1459 projected percentage of commitments to the state prison system
1460 of persons with low total sentencing scores pursuant to the
1461 Public Safety Criminal Punishment Code.
1462 Section 23. Subsection (3) of section 958.04, Florida
1463 Statutes, is amended to read:
1464 958.04 Judicial disposition of youthful offenders.—
1465 (3) The provisions of this section shall not be used to
1466 impose a greater sentence than the permissible sentence range as
1467 established by the Public Safety Criminal Punishment Code
1468 pursuant to chapter 921 unless reasons are explained in writing
1469 by the trial court judge which reasonably justify departure. A
1470 sentence imposed outside of the code is subject to appeal
1471 pursuant to s. 924.06 or s. 924.07.
1472 Section 24. Subsection (4) of section 985.465, Florida
1473 Statutes, is amended to read:
1474 985.465 Juvenile correctional facilities or juvenile
1475 prison.—A juvenile correctional facility or juvenile prison is a
1476 physically secure residential commitment program with a
1477 designated length of stay from 18 months to 36 months, primarily
1478 serving children 13 years of age to 19 years of age or until the
1479 jurisdiction of the court expires. Each child committed to this
1480 level must meet one of the following criteria:
1481 (4) The child is at least 13 years of age at the time of
1482 the disposition for the current offense, the child is eligible
1483 for prosecution as an adult for the current offense, and the
1484 current offense is ranked at level 7 or higher on the Public
1485 Safety Criminal Punishment Code offense severity ranking chart
1486 pursuant to s. 921.0022.
1487 Section 25. This act shall take effect July 1, 2020.