Florida Senate - 2021 SB 1498
By Senator Pizzo
38-01493-21 20211498__
1 A bill to be entitled
2 An act relating to renaming the Criminal Punishment
3 Code; amending ss. 775.082, 775.087, 782.051, 817.568,
4 893.13, 910.035, 921.0022, 921.0023, 921.0024,
5 921.0025, 921.0026, 921.0027, 924.06, 924.07, 944.17,
6 948.01, 948.015, 948.06, 948.20, 948.51, 958.04, and
7 985.465, F.S.; renaming the Criminal Punishment Code
8 as the Criminal Public Safety Code; amending s.
9 921.002, F.S.; revising a principle of the Criminal
10 Public Safety Code; conforming provisions to changes
11 made by the act; amending s. 893.20, F.S.; conforming
12 a provision to changes made by the act; making a
13 technical change; providing an effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Paragraphs (d) and (e) of subsection (8) of
18 section 775.082, Florida Statutes, are amended to read:
19 775.082 Penalties; applicability of sentencing structures;
20 mandatory minimum sentences for certain reoffenders previously
21 released from prison.—
22 (8)
23 (d) The Criminal Public Safety Punishment Code applies to
24 all felonies, except capital felonies, committed on or after
25 October 1, 1998. Any revision to the Criminal Public Safety
26 Punishment Code applies to sentencing for all felonies, except
27 capital felonies, committed on or after the effective date of
28 the revision.
29 (e) Felonies, except capital felonies, with continuing
30 dates of enterprise shall be sentenced under the sentencing
31 guidelines or the Criminal Public Safety Punishment Code in
32 effect on the beginning date of the criminal activity.
33 Section 2. Paragraph (c) of subsection (2) and paragraph
34 (c) of subsection (3) of section 775.087, Florida Statutes, are
35 amended to read:
36 775.087 Possession or use of weapon; aggravated battery;
37 felony reclassification; minimum sentence.—
38 (2)
39 (c) If the minimum mandatory terms of imprisonment imposed
40 pursuant to this section exceed the maximum sentences authorized
41 by s. 775.082, s. 775.084, or the Criminal Public Safety
42 Punishment Code under chapter 921, then the mandatory minimum
43 sentence must be imposed. If the mandatory minimum terms of
44 imprisonment pursuant to this section are less than the
45 sentences that could be imposed as authorized by s. 775.082, s.
46 775.084, or the Criminal Public Safety Punishment Code under
47 chapter 921, then the sentence imposed by the court must include
48 the mandatory minimum term of imprisonment as required in this
49 section.
50 (3)
51 (c) If the minimum mandatory terms of imprisonment imposed
52 pursuant to this section exceed the maximum sentences authorized
53 by s. 775.082, s. 775.084, or the Criminal Public Safety
54 Punishment Code under chapter 921, then the mandatory minimum
55 sentence must be imposed. If the mandatory minimum terms of
56 imprisonment pursuant to this section are less than the
57 sentences that could be imposed as authorized by s. 775.082, s.
58 775.084, or the Criminal Public Safety Punishment Code under
59 chapter 921, then the sentence imposed by the court must include
60 the mandatory minimum term of imprisonment as required in this
61 section.
62 Section 3. Section 782.051, Florida Statutes, is amended to
63 read:
64 782.051 Attempted felony murder.—
65 (1) Any person who perpetrates or attempts to perpetrate
66 any felony enumerated in s. 782.04(3) and who commits, aids, or
67 abets an intentional act that is not an essential element of the
68 felony and that could, but does not, cause the death of another
69 commits a felony of the first degree, punishable by imprisonment
70 for a term of years not exceeding life, or as provided in s.
71 775.082, s. 775.083, or s. 775.084, which is an offense ranked
72 in level 9 of the Criminal Public Safety Punishment Code. Victim
73 injury points shall be scored under this subsection.
74 (2) Any person who perpetrates or attempts to perpetrate
75 any felony other than a felony enumerated in s. 782.04(3) and
76 who commits, aids, or abets an intentional act that is not an
77 essential element of the felony and that could, but does not,
78 cause the death of another commits a felony of the first degree,
79 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
80 which is an offense ranked in level 8 of the Criminal Public
81 Safety Punishment Code. Victim injury points shall be scored
82 under this subsection.
83 (3) When a person is injured during the perpetration of or
84 the attempt to perpetrate any felony enumerated in s. 782.04(3)
85 by a person other than the person engaged in the perpetration of
86 or the attempt to perpetrate such felony, the person
87 perpetrating or attempting to perpetrate such felony commits a
88 felony of the second degree, punishable as provided in s.
89 775.082, s. 775.083, or s. 775.084, which is an offense ranked
90 in level 7 of the Criminal Public Safety Punishment Code. Victim
91 injury points shall be scored under this subsection.
92 Section 4. Subsection (3) of section 817.568, Florida
93 Statutes, is amended to read:
94 817.568 Criminal use of personal identification
95 information.—
96 (3) Neither paragraph (2)(b) nor paragraph (2)(c) prevents
97 a court from imposing a greater sentence of incarceration as
98 authorized by law. If the minimum mandatory terms of
99 imprisonment imposed under paragraph (2)(b) or paragraph (2)(c)
100 exceed the maximum sentences authorized under s. 775.082, s.
101 775.084, or the Criminal Public Safety Punishment Code under
102 chapter 921, the mandatory minimum sentence must be imposed. If
103 the mandatory minimum terms of imprisonment under paragraph
104 (2)(b) or paragraph (2)(c) are less than the sentence that could
105 be imposed under s. 775.082, s. 775.084, or the Criminal Public
106 Safety Punishment Code under chapter 921, the sentence imposed
107 by the court must include the mandatory minimum term of
108 imprisonment as required by paragraph (2)(b) or paragraph
109 (2)(c).
110 Section 5. Paragraph (d) of subsection (8) of section
111 893.13, Florida Statutes, is amended to read:
112 893.13 Prohibited acts; penalties.—
113 (8)
114 (d) Notwithstanding paragraph (c), if a prescribing
115 practitioner has violated paragraph (a) and received $1,000 or
116 more in payment for writing one or more prescriptions or, in the
117 case of a prescription written for a controlled substance
118 described in s. 893.135, has written one or more prescriptions
119 for a quantity of a controlled substance which, individually or
120 in the aggregate, meets the threshold for the offense of
121 trafficking in a controlled substance under s. 893.135, the
122 violation is reclassified as a felony of the second degree and
123 ranked in level 4 of the Criminal Public Safety Punishment Code.
124 Section 6. Paragraph (f) of subsection (5) of section
125 910.035, Florida Statutes, is amended to read:
126 910.035 Transfer from county for plea, sentence, or
127 participation in a problem-solving court.—
128 (5) TRANSFER FOR PARTICIPATION IN A PROBLEM-SOLVING COURT.—
129 (f) Upon successful completion of the problem-solving court
130 program, the jurisdiction to which the case has been transferred
131 shall dispose of the case. If the defendant does not complete
132 the problem-solving court program successfully, the jurisdiction
133 to which the case has been transferred shall dispose of the case
134 within the guidelines of the Criminal Public Safety Punishment
135 Code.
136 Section 7. Section 921.0022, Florida Statutes, is amended
137 to read:
138 921.0022 Criminal Public Safety Punishment Code; offense
139 severity ranking chart.—
140 (1) The offense severity ranking chart must be used with
141 the Criminal Public Safety Punishment Code worksheet to compute
142 a sentence score for each felony offender whose offense was
143 committed on or after October 1, 1998.
144 (2) The offense severity ranking chart has 10 offense
145 levels, ranked from least severe, which are level 1 offenses, to
146 most severe, which are level 10 offenses, and each felony
147 offense is assigned to a level according to the severity of the
148 offense. For purposes of determining which felony offenses are
149 specifically listed in the offense severity ranking chart and
150 which severity level has been assigned to each of these
151 offenses, the numerical statutory references in the left column
152 of the chart and the felony degree designations in the middle
153 column of the chart are controlling; the language in the right
154 column of the chart is provided solely for descriptive purposes.
155 Reclassification of the degree of the felony through the
156 application of s. 775.0845, s. 775.085, s. 775.0861, s.
157 775.0862, s. 775.0863, s. 775.087, s. 775.0875, s. 794.023, or
158 any other law that provides an enhanced penalty for a felony
159 offense, to any offense listed in the offense severity ranking
160 chart in this section shall not cause the offense to become
161 unlisted and is not subject to the provisions of s. 921.0023.
162 (3) OFFENSE SEVERITY RANKING CHART
163 (a) LEVEL 1
164
165 FloridaStatute FelonyDegree Description
166 24.118(3)(a) 3rd Counterfeit or altered state lottery ticket.
167 212.054(2)(b) 3rd Discretionary sales surtax; limitations, administration, and collection.
168 212.15(2)(b) 3rd Failure to remit sales taxes, amount $1,000 or more but less than $20,000.
169 316.1935(1) 3rd Fleeing or attempting to elude law enforcement officer.
170 319.30(5) 3rd Sell, exchange, give away certificate of title or identification number plate.
171 319.35(1)(a) 3rd Tamper, adjust, change, etc., an odometer.
172 320.26(1)(a) 3rd Counterfeit, manufacture, or sell registration license plates or validation stickers.
173 322.212 (1)(a)-(c) 3rd Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification.
174 322.212(4) 3rd Supply or aid in supplying unauthorized driver license or identification card.
175 322.212(5)(a) 3rd False application for driver license or identification card.
176 414.39(3)(a) 3rd Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
177 443.071(1) 3rd False statement or representation to obtain or increase reemployment assistance benefits.
178 509.151(1) 3rd Defraud an innkeeper, food or lodging value $1,000 or more.
179 517.302(1) 3rd Violation of the Florida Securities and Investor Protection Act.
180 713.69 3rd Tenant removes property upon which lien has accrued, value $1,000 or more.
181 812.014(3)(c) 3rd Petit theft (3rd conviction); theft of any property not specified in subsection (2).
182 812.081(2) 3rd Unlawfully makes or causes to be made a reproduction of a trade secret.
183 815.04(5)(a) 3rd Offense against intellectual property (i.e., computer programs, data).
184 817.52(2) 3rd Hiring with intent to defraud, motor vehicle services.
185 817.569(2) 3rd Use of public record or public records information or providing false information to facilitate commission of a felony.
186 826.01 3rd Bigamy.
187 828.122(3) 3rd Fighting or baiting animals.
188 831.04(1) 3rd Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
189 831.31(1)(a) 3rd Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
190 832.041(1) 3rd Stopping payment with intent to defraud $150 or more.
191 832.05(2)(b) & (4)(c) 3rd Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more.
192 838.15(2) 3rd Commercial bribe receiving.
193 838.16 3rd Commercial bribery.
194 843.18 3rd Fleeing by boat to elude a law enforcement officer.
195 847.011(1)(a) 3rd Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
196 849.09(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.
197 849.23 3rd Gambling-related machines; “common offender” as to property rights.
198 849.25(2) 3rd Engaging in bookmaking.
199 860.08 3rd Interfere with a railroad signal.
200 860.13(1)(a) 3rd Operate aircraft while under the influence.
201 893.13(2)(a)2. 3rd Purchase of cannabis.
202 893.13(6)(a) 3rd Possession of cannabis (more than 20 grams).
203 934.03(1)(a) 3rd Intercepts, or procures any other person to intercept, any wire or oral communication.
204 (b) LEVEL 2
205
206 FloridaStatute FelonyDegree Description
207 379.2431 (1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
208 379.2431 (1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
209 403.413(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.
210 517.07(2) 3rd Failure to furnish a prospectus meeting requirements.
211 590.28(1) 3rd Intentional burning of lands.
212 784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
213 787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
214 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
215 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
216 810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
217 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $750 or more but less than $5,000.
218 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $750, taken from unenclosed curtilage of dwelling.
219 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
220 817.234(1)(a)2. 3rd False statement in support of insurance claim.
221 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
222 817.52(3) 3rd Failure to redeliver hired vehicle.
223 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
224 817.60(5) 3rd Dealing in credit cards of another.
225 817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
226 817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
227 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
228 831.01 3rd Forgery.
229 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
230 831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
231 831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
232 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
233 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
234 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
235 843.08 3rd False personation.
236 893.13(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.
237 893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
238 (c) LEVEL 3
239
240 FloridaStatute FelonyDegree Description
241 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
242 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
243 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
244 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
245 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
246 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
247 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
248 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
249 327.35(2)(b) 3rd Felony BUI.
250 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
251 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
252 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
253 379.2431 (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.
254 379.2431 (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.
255 379.2431 (1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
256 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license.
257 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information.
258 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
259 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
260 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
261 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
262 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
263 697.08 3rd Equity skimming.
264 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
265 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
266 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
267 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
268 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
269 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
270 812.015(8)(b) 3rd Retail theft with intent to sell; conspires with others.
271 815.04(5)(b) 2nd Computer offense devised to defraud or obtain property.
272 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
273 817.233 3rd Burning to defraud insurer.
274 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
275 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
276 817.236 3rd Filing a false motor vehicle insurance application.
277 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
278 817.413(2) 3rd Sale of used goods of $1,000 or more as new.
279 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
280 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards.
281 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
282 843.19 2nd Injure, disable, or kill police, fire, or SAR canine or police horse.
283 860.15(3) 3rd Overcharging for repairs and parts.
284 870.01(2) 3rd Riot; inciting or encouraging.
285 893.13(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).
286 893.13(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.
287 893.13(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.
288 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances.
289 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
290 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
291 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
292 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
293 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
294 893.13(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.
295 893.13(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.
296 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
297 893.13(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.
298 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
299 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility.
300 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
301 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
302 (d) LEVEL 4
303
304 FloridaStatute FelonyDegree Description
305 316.1935(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.
306 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements.
307 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
308 517.07(1) 3rd Failure to register securities.
309 517.12(1) 3rd Failure of dealer, associated person, or issuer of securities to register.
310 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
311 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
312 784.075 3rd Battery on detention or commitment facility staff.
313 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
314 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
315 784.081(3) 3rd Battery on specified official or employee.
316 784.082(3) 3rd Battery by detained person on visitor or other detainee.
317 784.083(3) 3rd Battery on code inspector.
318 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
319 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
320 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
321 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
322 787.07 3rd Human smuggling.
323 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
324 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
325 790.115(2)(c) 3rd Possessing firearm on school property.
326 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
327 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
328 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
329 810.06 3rd Burglary; possession of tools.
330 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
331 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
332 812.014 (2)(c)4.-10. 3rd Grand theft, 3rd degree; specified items.
333 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
334 817.505(4)(a) 3rd Patient brokering.
335 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
336 817.568(2)(a) 3rd Fraudulent use of personal identification information.
337 817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder.
338 817.625(2)(c) 3rd Possess, sell, or deliver skimming device.
339 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
340 837.02(1) 3rd Perjury in official proceedings.
341 837.021(1) 3rd Make contradictory statements in official proceedings.
342 838.022 3rd Official misconduct.
343 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
344 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families.
345 843.021 3rd Possession of a concealed handcuff key by a person in custody.
346 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
347 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
348 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
349 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang.
350 893.13(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).
351 914.14(2) 3rd Witnesses accepting bribes.
352 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
353 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
354 916.1085 (2)(c)1. 3rd Introduction of specified contraband into certain DCF facilities.
355 918.12 3rd Tampering with jurors.
356 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
357 944.47(1)(a)6. 3rd Introduction of contraband (cellular telephone or other portable communication device) into correctional institution.
358 951.22(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.
359 (e) LEVEL 5
360
361 FloridaStatute FelonyDegree Description
362 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
363 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
364 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
365 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
366 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
367 379.365(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.
368 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
369 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
370 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
371 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
372 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
373 440.381(2) 3rd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
374 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
375 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
376 790.01(2) 3rd Carrying a concealed firearm.
377 790.162 2nd Threat to throw or discharge destructive device.
378 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
379 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
380 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
381 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
382 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
383 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
384 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
385 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
386 812.015 (8)(a) & (c)-(e) 3rd Retail theft; property stolen is valued at $750 or more and one or more specified acts.
387 812.019(1) 2nd Stolen property; dealing in or trafficking in.
388 812.131(2)(b) 3rd Robbery by sudden snatching.
389 812.16(2) 3rd Owning, operating, or conducting a chop shop.
390 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
391 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
392 817.2341(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.
393 817.568(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.
394 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
395 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
396 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
397 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
398 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
399 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
400 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
401 843.01 3rd Resist officer with violence to person; resist arrest with violence.
402 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
403 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
404 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
405 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
406 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
407 893.13(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).
408 893.13(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.
409 893.13(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.
410 893.13(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.
411 893.13(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.
412 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
413 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
414 (f) LEVEL 6
415
416 FloridaStatute FelonyDegree Description
417 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.
418 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
419 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license.
420 499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement.
421 499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
422 499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
423 775.0875(1) 3rd Taking firearm from law enforcement officer.
424 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
425 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
426 784.041 3rd Felony battery; domestic battery by strangulation.
427 784.048(3) 3rd Aggravated stalking; credible threat.
428 784.048(5) 3rd Aggravated stalking of person under 16.
429 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
430 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
431 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
432 784.081(2) 2nd Aggravated assault on specified official or employee.
433 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
434 784.083(2) 2nd Aggravated assault on code inspector.
435 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
436 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
437 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
438 790.164(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.
439 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
440 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
441 794.05(1) 2nd Unlawful sexual activity with specified minor.
442 800.04(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.
443 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
444 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
445 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
446 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.
447 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
448 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
449 812.015(9)(a) 2nd Retail theft; property stolen $750 or more; second or subsequent conviction.
450 812.015(9)(b) 2nd Retail theft; aggregated property stolen within 30 days is $3,000 or more; coordination of others.
451 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
452 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
453 817.505(4)(b) 2nd Patient brokering; 10 or more patients.
454 825.102(1) 3rd Abuse of an elderly person or disabled adult.
455 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
456 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
457 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
458 827.03(2)(c) 3rd Abuse of a child.
459 827.03(2)(d) 3rd Neglect of a child.
460 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
461 836.05 2nd Threats; extortion.
462 836.10 2nd Written threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
463 843.12 3rd Aids or assists person to escape.
464 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
465 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
466 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
467 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
468 944.35(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.
469 944.40 2nd Escapes.
470 944.46 3rd Harboring, concealing, aiding escaped prisoners.
471 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
472 951.22(1)(i) 3rd Firearm or weapon introduced into county detention facility.
473 (g) LEVEL 7
474
475 FloridaStatute FelonyDegree Description
476 316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene.
477 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
478 316.1935(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.
479 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
480 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
481 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
482 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
483 456.065(2) 3rd Practicing a health care profession without a license.
484 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
485 458.327(1) 3rd Practicing medicine without a license.
486 459.013(1) 3rd Practicing osteopathic medicine without a license.
487 460.411(1) 3rd Practicing chiropractic medicine without a license.
488 461.012(1) 3rd Practicing podiatric medicine without a license.
489 462.17 3rd Practicing naturopathy without a license.
490 463.015(1) 3rd Practicing optometry without a license.
491 464.016(1) 3rd Practicing nursing without a license.
492 465.015(2) 3rd Practicing pharmacy without a license.
493 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
494 467.201 3rd Practicing midwifery without a license.
495 468.366 3rd Delivering respiratory care services without a license.
496 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
497 483.901(7) 3rd Practicing medical physics without a license.
498 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
499 484.053 3rd Dispensing hearing aids without a license.
500 494.0018(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.
501 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
502 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
503 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
504 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
505 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
506 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
507 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
508 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
509 782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
510 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
511 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
512 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
513 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
514 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
515 784.048(7) 3rd Aggravated stalking; violation of court order.
516 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
517 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
518 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
519 784.081(1) 1st Aggravated battery on specified official or employee.
520 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
521 784.083(1) 1st Aggravated battery on code inspector.
522 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult.
523 787.06(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.
524 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
525 790.16(1) 1st Discharge of a machine gun under specified circumstances.
526 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
527 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
528 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
529 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
530 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
531 794.08(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.
532 796.05(1) 1st Live on earnings of a prostitute; 2nd offense.
533 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense.
534 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
535 800.04(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.
536 800.04(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.
537 806.01(2) 2nd Maliciously damage structure by fire or explosive.
538 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
539 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
540 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
541 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
542 812.014(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.
543 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
544 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
545 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
546 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
547 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
548 812.131(2)(a) 2nd Robbery by sudden snatching.
549 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
550 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
551 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
552 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
553 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
554 817.2341 (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.
555 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
556 817.611(2)(b) 2nd Traffic in or possess 15 to 49 counterfeit credit cards or related documents.
557 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
558 825.103(3)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $10,000 or more, but less than $50,000.
559 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
560 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
561 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
562 838.015 2nd Bribery.
563 838.016 2nd Unlawful compensation or reward for official behavior.
564 838.021(3)(a) 2nd Unlawful harm to a public servant.
565 838.22 2nd Bid tampering.
566 843.0855(2) 3rd Impersonation of a public officer or employee.
567 843.0855(3) 3rd Unlawful simulation of legal process.
568 843.0855(4) 3rd Intimidation of a public officer or employee.
569 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
570 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
571 872.06 2nd Abuse of a dead human body.
572 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
573 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
574 893.13(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.
575 893.13(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.
576 893.13(4)(a) 1st Use or hire of minor; deliver to minor other controlled substance.
577 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
578 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
579 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
580 893.135 (1)(c)2.a. 1st Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
581 893.135 (1)(c)2.b. 1st Trafficking in hydrocodone, 50 grams or more, less than 100 grams.
582 893.135 (1)(c)3.a. 1st Trafficking in oxycodone, 7 grams or more, less than 14 grams.
583 893.135 (1)(c)3.b. 1st Trafficking in oxycodone, 14 grams or more, less than 25 grams.
584 893.135 (1)(c)4.b.(I) 1st Trafficking in fentanyl, 4 grams or more, less than 14 grams.
585 893.135 (1)(d)1.a. 1st Trafficking in phencyclidine, 28 grams or more, less than 200 grams.
586 893.135(1)(e)1. 1st Trafficking in methaqualone, 200 grams or more, less than 5 kilograms.
587 893.135(1)(f)1. 1st Trafficking in amphetamine, 14 grams or more, less than 28 grams.
588 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
589 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
590 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
591 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
592 893.135 (1)(m)2.a. 1st Trafficking in synthetic cannabinoids, 280 grams or more, less than 500 grams.
593 893.135 (1)(m)2.b. 1st Trafficking in synthetic cannabinoids, 500 grams or more, less than 1,000 grams.
594 893.135 (1)(n)2.a. 1st Trafficking in n-benzyl phenethylamines, 14 grams or more, less than 100 grams.
595 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
596 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
597 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
598 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
599 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
600 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
601 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
602 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
603 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
604 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
605 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
606 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
607 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
608 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
609 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
610 (h) LEVEL 8
611
612 FloridaStatute FelonyDegree Description
613 316.193 (3)(c)3.a. 2nd DUI manslaughter.
614 316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
615 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
616 499.0051(6) 1st Knowing trafficking in contraband prescription drugs.
617 499.0051(7) 1st Knowing forgery of prescription labels or prescription drug labels.
618 560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
619 560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
620 655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
621 777.03(2)(a) 1st Accessory after the fact, capital felony.
622 782.04(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.
623 782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
624 782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
625 782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
626 787.06(3)(a)1. 1st Human trafficking for labor and services of a child.
627 787.06(3)(b) 1st Human trafficking using coercion for commercial sexual activity of an adult.
628 787.06(3)(c)2. 1st Human trafficking using coercion for labor and services of an unauthorized alien adult.
629 787.06(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.
630 787.06(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.
631 790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
632 794.011(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.
633 794.011(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.
634 794.011(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.
635 794.011(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.
636 794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state.
637 800.04(4)(b) 2nd Lewd or lascivious battery.
638 800.04(4)(c) 1st Lewd or lascivious battery; offender 18 years of age or older; prior conviction for specified sex offense.
639 806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
640 810.02(2)(a) 1st,PBL Burglary with assault or battery.
641 810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
642 810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
643 812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
644 812.13(2)(b) 1st Robbery with a weapon.
645 812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
646 817.505(4)(c) 1st Patient brokering; 20 or more patients.
647 817.535(2)(b) 2nd Filing false lien or other unauthorized document; second or subsequent offense.
648 817.535(3)(a) 2nd Filing false lien or other unauthorized document; property owner is a public officer or employee.
649 817.535(4)(a)1. 2nd Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
650 817.535(5)(a) 2nd Filing false lien or other unauthorized document; owner of the property incurs financial loss as a result of the false instrument.
651 817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
652 817.611(2)(c) 1st Traffic in or possess 50 or more counterfeit credit cards or related documents.
653 825.102(2) 1st Aggravated abuse of an elderly person or disabled adult.
654 825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
655 825.103(3)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $50,000 or more.
656 837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
657 837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
658 860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
659 860.16 1st Aircraft piracy.
660 893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
661 893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
662 893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
663 893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
664 893.135 (1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
665 893.135 (1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
666 893.135 (1)(c)2.c. 1st Trafficking in hydrocodone, 100 grams or more, less than 300 grams.
667 893.135 (1)(c)3.c. 1st Trafficking in oxycodone, 25 grams or more, less than 100 grams.
668 893.135 (1)(c)4.b.(II) 1st Trafficking in fentanyl, 14 grams or more, less than 28 grams.
669 893.135 (1)(d)1.b. 1st Trafficking in phencyclidine, 200 grams or more, less than 400 grams.
670 893.135 (1)(e)1.b. 1st Trafficking in methaqualone, 5 kilograms or more, less than 25 kilograms.
671 893.135 (1)(f)1.b. 1st Trafficking in amphetamine, 28 grams or more, less than 200 grams.
672 893.135 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
673 893.135 (1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
674 893.135 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
675 893.135 (1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
676 893.135 (1)(m)2.c. 1st Trafficking in synthetic cannabinoids, 1,000 grams or more, less than 30 kilograms.
677 893.135 (1)(n)2.b. 1st Trafficking in n-benzyl phenethylamines, 100 grams or more, less than 200 grams.
678 893.1351(3) 1st Possession of a place used to manufacture controlled substance when minor is present or resides there.
679 895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
680 895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
681 895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
682 896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
683 896.104(4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
684 (i) LEVEL 9
685
686 FloridaStatute FelonyDegree Description
687 316.193 (3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
688 327.35 (3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
689 409.920 (2)(b)1.c. 1st Medicaid provider fraud; $50,000 or more.
690 499.0051(8) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
691 560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
692 560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
693 655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
694 775.0844 1st Aggravated white collar crime.
695 782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
696 782.04(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.
697 782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
698 782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
699 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
700 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
701 787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
702 787.02(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.
703 787.06(3)(c)1. 1st Human trafficking for labor and services of an unauthorized alien child.
704 787.06(3)(d) 1st Human trafficking using coercion for commercial sexual activity of an unauthorized adult alien.
705 787.06(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.
706 790.161 1st Attempted capital destructive device offense.
707 790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
708 794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
709 794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
710 794.011(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.
711 794.011(4)(b) 1st Sexual battery, certain circumstances; victim and offender 18 years of age or older.
712 794.011(4)(c) 1st Sexual battery, certain circumstances; victim 12 years of age or older; offender younger than 18 years.
713 794.011(4)(d) 1st,PBL Sexual battery, certain circumstances; victim 12 years of age or older; prior conviction for specified sex offenses.
714 794.011(8)(b) 1st,PBL Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
715 794.08(2) 1st Female genital mutilation; victim younger than 18 years of age.
716 800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
717 812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
718 812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
719 812.135(2)(b) 1st Home-invasion robbery with weapon.
720 817.535(3)(b) 1st Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee.
721 817.535(4)(a)2. 1st Filing false claim or other unauthorized document; defendant is incarcerated or under supervision.
722 817.535(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.
723 817.568(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.
724 827.03(2)(a) 1st Aggravated child abuse.
725 847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
726 847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
727 859.01 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.
728 893.135 1st Attempted capital trafficking offense.
729 893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
730 893.135 (1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
731 893.135 (1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
732 893.135 (1)(c)2.d. 1st Trafficking in hydrocodone, 300 grams or more, less than 30 kilograms.
733 893.135 (1)(c)3.d. 1st Trafficking in oxycodone, 100 grams or more, less than 30 kilograms.
734 893.135 (1)(c)4.b.(III) 1st Trafficking in fentanyl, 28 grams or more.
735 893.135 (1)(d)1.c. 1st Trafficking in phencyclidine, 400 grams or more.
736 893.135 (1)(e)1.c. 1st Trafficking in methaqualone, 25 kilograms or more.
737 893.135 (1)(f)1.c. 1st Trafficking in amphetamine, 200 grams or more.
738 893.135 (1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
739 893.135 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
740 893.135 (1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
741 893.135 (1)(m)2.d. 1st Trafficking in synthetic cannabinoids, 30 kilograms or more.
742 893.135 (1)(n)2.c. 1st Trafficking in n-benzyl phenethylamines, 200 grams or more.
743 896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
744 896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
745 (j) LEVEL 10
746
747 FloridaStatute FelonyDegree Description
748 499.0051(9) 1st Knowing sale or purchase of contraband prescription drugs resulting in death.
749 782.04(2) 1st,PBL Unlawful killing of human; act is homicide, unpremeditated.
750 782.07(3) 1st Aggravated manslaughter of a child.
751 787.01(1)(a)3. 1st,PBL Kidnapping; inflict bodily harm upon or terrorize victim.
752 787.01(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.
753 787.06(3)(g) Life Human trafficking for commercial sexual activity of a child under the age of 18 or mentally defective or incapacitated person.
754 787.06(4)(a) Life Selling or buying of minors into human trafficking.
755 794.011(3) Life Sexual battery; victim 12 years or older, offender uses or threatens to use deadly weapon or physical force to cause serious injury.
756 812.135(2)(a) 1st,PBL Home-invasion robbery with firearm or other deadly weapon.
757 876.32 1st Treason against the state.
758 Section 8. Section 921.0023, Florida Statutes, is amended
759 to read:
760 921.0023 Criminal Public Safety Punishment Code; ranking
761 unlisted felony offenses.—A felony offense committed on or after
762 October 1, 1998, that is not listed in s. 921.0022 is ranked
763 with respect to offense severity level by the Legislature,
764 commensurate with the harm or potential harm that is caused by
765 the offense to the community. Until the Legislature specifically
766 assigns an offense to a severity level in the offense severity
767 ranking chart, the severity level is within the following
768 parameters:
769 (1) A felony of the third degree within offense level 1.
770 (2) A felony of the second degree within offense level 4.
771 (3) A felony of the first degree within offense level 7.
772 (4) A felony of the first degree punishable by life within
773 offense level 9.
774 (5) A life felony within offense level 10.
775 Section 9. Section 921.0024, Florida Statutes, is amended
776 to read:
777 921.0024 Criminal Public Safety Punishment Code; worksheet
778 computations; scoresheets.—
779 (1)(a) The Criminal Public Safety Punishment Code worksheet
780 is used to compute the subtotal and total sentence points as
781 follows:
782
783 FLORIDA Criminal Public Safety Punishment Code
784 WORKSHEET
785
786 OFFENSE SCORE
787
788 Primary Offense
789 Level Sentence Points Total
790 10 116 = ........
791 9 92 = ........
792 8 74 = ........
793 7 56 = ........
794 6 36 = ........
795 5 28 = ........
796 4 22 = ........
797 3 16 = ........
798 2 10 = ........
799 1 4 = ........
800
801 Total
802
803 Additional Offenses
804 Level Sentence Points Counts Total
805 10 58 x .... = ....
806 9 46 x .... = ....
807 8 37 x .... = ....
808 7 28 x .... = ....
809 6 18 x .... = ....
810 5 5.4 x .... = ....
811 4 3.6 x .... = ....
812 3 2.4 x .... = ....
813 2 1.2 x .... = ....
814 1 0.7 x .... = ....
815 M 0.2 x .... = ....
816
817 Total
818
819 Victim Injury
820 Level Sentence Points Number Total
821 2nd degreemurder-death 240 x .... = ....
822 Death 120 x .... = ....
823 Severe 40 x .... = ....
824 Moderate 18 x .... = ....
825 Slight 4 x .... = ....
826 Sexual penetration 80 x .... = ....
827 Sexual contact 40 x .... = ....
828
829 Total
830 Primary Offense + Additional Offenses + Victim Injury =
831 TOTAL OFFENSE SCORE
832
833 PRIOR RECORD SCORE
834
835 Prior Record
836 Level Sentence Points Number Total
837 10 29 x .... = ....
838 9 23 x .... = ....
839 8 19 x .... = ....
840 7 14 x .... = ....
841 6 9 x .... = ....
842 5 3.6 x .... = ....
843 4 2.4 x .... = ....
844 3 1.6 x .... = ....
845 2 0.8 x .... = ....
846 1 0.5 x .... = ....
847 M 0.2 x .... = ....
848
849 Total
850 TOTAL OFFENSE SCORE...........................................
851 TOTAL PRIOR RECORD SCORE......................................
852
853 LEGAL STATUS..................................................
854 COMMUNITY SANCTION VIOLATION..................................
855 PRIOR SERIOUS FELONY..........................................
856 PRIOR CAPITAL FELONY..........................................
857 FIREARM OR SEMIAUTOMATIC WEAPON...............................
858 SUBTOTAL........
859
860 PRISON RELEASEE REOFFENDER (no)(yes)..........................
861 VIOLENT CAREER CRIMINAL (no)(yes).............................
862 HABITUAL VIOLENT OFFENDER (no)(yes)...........................
863 HABITUAL OFFENDER (no)(yes)...................................
864 DRUG TRAFFICKER (no)(yes) (x multiplier)......................
865 LAW ENF. PROTECT. (no)(yes) (x multiplier)....................
866 MOTOR VEHICLE THEFT (no)(yes) (x multiplier)..................
867 CRIMINAL GANG OFFENSE (no)(yes) (x multiplier)................
868 DOMESTIC VIOLENCE IN THE PRESENCE OF RELATED CHILD (no)(yes)
869 (x multiplier)..................................................
870 ADULT-ON-MINOR SEX OFFENSE (no)(yes) (x multiplier)...........
871 ................................................................
872 TOTAL SENTENCE POINTS........
873
874 (b) WORKSHEET KEY:
875
876 Legal status points are assessed when any form of legal status
877 existed at the time the offender committed an offense before the
878 court for sentencing. Four (4) sentence points are assessed for
879 an offender’s legal status.
880
881 Community sanction violation points are assessed when a
882 community sanction violation is before the court for sentencing.
883 Six (6) sentence points are assessed for each community sanction
884 violation and each successive community sanction violation,
885 unless any of the following apply:
886 1. If the community sanction violation includes a new
887 felony conviction before the sentencing court, twelve (12)
888 community sanction violation points are assessed for the
889 violation, and for each successive community sanction violation
890 involving a new felony conviction.
891 2. If the community sanction violation is committed by a
892 violent felony offender of special concern as defined in s.
893 948.06:
894 a. Twelve (12) community sanction violation points are
895 assessed for the violation and for each successive violation of
896 felony probation or community control where:
897 I. The violation does not include a new felony conviction;
898 and
899 II. The community sanction violation is not based solely on
900 the probationer or offender’s failure to pay costs or fines or
901 make restitution payments.
902 b. Twenty-four (24) community sanction violation points are
903 assessed for the violation and for each successive violation of
904 felony probation or community control where the violation
905 includes a new felony conviction.
906
907 Multiple counts of community sanction violations before the
908 sentencing court shall not be a basis for multiplying the
909 assessment of community sanction violation points.
910
911 Prior serious felony points: If the offender has a primary
912 offense or any additional offense ranked in level 8, level 9, or
913 level 10, and one or more prior serious felonies, a single
914 assessment of thirty (30) points shall be added. For purposes of
915 this section, a prior serious felony is an offense in the
916 offender’s prior record that is ranked in level 8, level 9, or
917 level 10 under s. 921.0022 or s. 921.0023 and for which the
918 offender is serving a sentence of confinement, supervision, or
919 other sanction or for which the offender’s date of release from
920 confinement, supervision, or other sanction, whichever is later,
921 is within 3 years before the date the primary offense or any
922 additional offense was committed.
923
924 Prior capital felony points: If the offender has one or more
925 prior capital felonies in the offender’s criminal record, points
926 shall be added to the subtotal sentence points of the offender
927 equal to twice the number of points the offender receives for
928 the primary offense and any additional offense. A prior capital
929 felony in the offender’s criminal record is a previous capital
930 felony offense for which the offender has entered a plea of nolo
931 contendere or guilty or has been found guilty; or a felony in
932 another jurisdiction which is a capital felony in that
933 jurisdiction, or would be a capital felony if the offense were
934 committed in this state.
935
936 Possession of a firearm, semiautomatic firearm, or machine gun:
937 If the offender is convicted of committing or attempting to
938 commit any felony other than those enumerated in s. 775.087(2)
939 while having in his or her possession: a firearm as defined in
940 s. 790.001(6), an additional eighteen (18) sentence points are
941 assessed; or if the offender is convicted of committing or
942 attempting to commit any felony other than those enumerated in
943 s. 775.087(3) while having in his or her possession a
944 semiautomatic firearm as defined in s. 775.087(3) or a machine
945 gun as defined in s. 790.001(9), an additional twenty-five (25)
946 sentence points are assessed.
947
948 Sentencing multipliers:
949
950 Drug trafficking: If the primary offense is drug trafficking
951 under s. 893.135, the subtotal sentence points are multiplied,
952 at the discretion of the court, for a level 7 or level 8
953 offense, by 1.5. The state attorney may move the sentencing
954 court to reduce or suspend the sentence of a person convicted of
955 a level 7 or level 8 offense, if the offender provides
956 substantial assistance as described in s. 893.135(4).
957
958 Law enforcement protection: If the primary offense is a
959 violation of the Law Enforcement Protection Act under s.
960 775.0823(2), (3), or (4), the subtotal sentence points are
961 multiplied by 2.5. If the primary offense is a violation of s.
962 775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
963 are multiplied by 2.0. If the primary offense is a violation of
964 s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement
965 Protection Act under s. 775.0823(10) or (11), the subtotal
966 sentence points are multiplied by 1.5.
967
968 Grand theft of a motor vehicle: If the primary offense is grand
969 theft of the third degree involving a motor vehicle and in the
970 offender’s prior record, there are three or more grand thefts of
971 the third degree involving a motor vehicle, the subtotal
972 sentence points are multiplied by 1.5.
973
974 Offense related to a criminal gang: If the offender is convicted
975 of the primary offense and committed that offense for the
976 purpose of benefiting, promoting, or furthering the interests of
977 a criminal gang as defined in s. 874.03, the subtotal sentence
978 points are multiplied by 1.5. If applying the multiplier results
979 in the lowest permissible sentence exceeding the statutory
980 maximum sentence for the primary offense under chapter 775, the
981 court may not apply the multiplier and must sentence the
982 defendant to the statutory maximum sentence.
983
984 Domestic violence in the presence of a child: If the offender is
985 convicted of the primary offense and the primary offense is a
986 crime of domestic violence, as defined in s. 741.28, which was
987 committed in the presence of a child under 16 years of age who
988 is a family or household member as defined in s. 741.28(3) with
989 the victim or perpetrator, the subtotal sentence points are
990 multiplied by 1.5.
991
992 Adult-on-minor sex offense: If the offender was 18 years of age
993 or older and the victim was younger than 18 years of age at the
994 time the offender committed the primary offense, and if the
995 primary offense was an offense committed on or after October 1,
996 2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the
997 violation involved a victim who was a minor and, in the course
998 of committing that violation, the defendant committed a sexual
999 battery under chapter 794 or a lewd act under s. 800.04 or s.
1000 847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s.
1001 787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s.
1002 800.04; or s. 847.0135(5), the subtotal sentence points are
1003 multiplied by 2.0. If applying the multiplier results in the
1004 lowest permissible sentence exceeding the statutory maximum
1005 sentence for the primary offense under chapter 775, the court
1006 may not apply the multiplier and must sentence the defendant to
1007 the statutory maximum sentence.
1008 (2) The lowest permissible sentence is the minimum sentence
1009 that may be imposed by the trial court, absent a valid reason
1010 for departure. The lowest permissible sentence is any nonstate
1011 prison sanction in which the total sentence points equals or is
1012 less than 44 points, unless the court determines within its
1013 discretion that a prison sentence, which may be up to the
1014 statutory maximums for the offenses committed, is appropriate.
1015 When the total sentence points exceeds 44 points, the lowest
1016 permissible sentence in prison months shall be calculated by
1017 subtracting 28 points from the total sentence points and
1018 decreasing the remaining total by 25 percent. The total sentence
1019 points shall be calculated only as a means of determining the
1020 lowest permissible sentence. The permissible range for
1021 sentencing shall be the lowest permissible sentence up to and
1022 including the statutory maximum, as defined in s. 775.082, for
1023 the primary offense and any additional offenses before the court
1024 for sentencing. The sentencing court may impose such sentences
1025 concurrently or consecutively. However, any sentence to state
1026 prison must exceed 1 year. If the lowest permissible sentence
1027 under the code exceeds the statutory maximum sentence as
1028 provided in s. 775.082, the sentence required by the code must
1029 be imposed. If the total sentence points are greater than or
1030 equal to 363, the court may sentence the offender to life
1031 imprisonment. An offender sentenced to life imprisonment under
1032 this section is not eligible for any form of discretionary early
1033 release, except executive clemency or conditional medical
1034 release under s. 947.149.
1035 (3) A single digitized scoresheet shall be prepared for
1036 each defendant to determine the permissible range for the
1037 sentence that the court may impose, except that if the defendant
1038 is before the court for sentencing for more than one felony and
1039 the felonies were committed under more than one version or
1040 revision of the guidelines or the code, separate digitized
1041 scoresheets must be prepared. The scoresheet or scoresheets must
1042 cover all the defendant’s offenses pending before the court for
1043 sentencing. The state attorney shall prepare the digitized
1044 scoresheet or scoresheets, which must be presented to the
1045 defense counsel for review for accuracy in all cases unless the
1046 judge directs otherwise. The defendant’s scoresheet or
1047 scoresheets must be approved and signed by the sentencing judge.
1048 (4) The Department of Corrections, in consultation with the
1049 Office of the State Courts Administrator, state attorneys, and
1050 public defenders, must develop and submit the revised digitized
1051 Criminal Public Safety Punishment Code scoresheet to the Supreme
1052 Court for approval by June 15 of each year, as necessary. The
1053 digitized scoresheet shall have individual, structured data
1054 cells for each data field on the scoresheet. Upon the Supreme
1055 Court’s approval of the revised digitized scoresheet, the
1056 Department of Corrections shall produce and provide the revised
1057 digitized scoresheets by September 30 of each year, as
1058 necessary. Digitized scoresheets must include individual data
1059 cells to indicate whether any prison sentence imposed includes a
1060 mandatory minimum sentence or the sentence imposed was a
1061 downward departure from the lowest permissible sentence under
1062 the Criminal Public Safety Punishment Code.
1063 (5) The Department of Corrections shall make available the
1064 digitized Criminal Public Safety Punishment Code scoresheets to
1065 those persons charged with the responsibility for preparing
1066 scoresheets.
1067 (6) The clerk of the circuit court shall transmit a
1068 complete and accurate digitized copy of the Criminal Public
1069 Safety Punishment Code scoresheet used in each sentencing
1070 proceeding to the Department of Corrections. Scoresheets must be
1071 electronically transmitted no less frequently than monthly, by
1072 the first of each month, and may be sent collectively.
1073 (7) A digitized sentencing scoresheet must be prepared for
1074 every defendant who is sentenced for a felony offense. The
1075 individual offender’s digitized Criminal Public Safety
1076 Punishment Code scoresheet and any attachments thereto prepared
1077 pursuant to Rule 3.701, Rule 3.702, or Rule 3.703, Florida Rules
1078 of Criminal Procedure, or any other rule pertaining to the
1079 preparation and submission of felony sentencing scoresheets,
1080 must be included with the uniform judgment and sentence form
1081 provided to the Department of Corrections.
1082 Section 10. Section 921.0025, Florida Statutes, is amended
1083 to read:
1084 921.0025 Adoption and implementation of revised sentencing
1085 scoresheets.—Rules 3.701, 3.702, 3.703, and 3.988, Florida Rules
1086 of Criminal Procedure, as revised by the Supreme Court, and any
1087 other rule pertaining to the preparation and submission of
1088 felony sentencing scoresheets, are adopted and implemented in
1089 accordance with this chapter for application to the Criminal
1090 Public Safety Punishment Code.
1091 Section 11. Paragraph (m) of subsection (2) of section
1092 921.0026, Florida Statutes, is amended to read:
1093 921.0026 Mitigating circumstances.—This section applies to
1094 any felony offense, except any capital felony, committed on or
1095 after October 1, 1998.
1096 (2) Mitigating circumstances under which a departure from
1097 the lowest permissible sentence is reasonably justified include,
1098 but are not limited to:
1099 (m) The defendant’s offense is a nonviolent felony, the
1100 defendant’s Criminal Public Safety Punishment Code scoresheet
1101 total sentence points under s. 921.0024 are 60 points or fewer,
1102 and the court determines that the defendant is amenable to the
1103 services of a postadjudicatory treatment-based drug court
1104 program and is otherwise qualified to participate in the program
1105 as part of the sentence. For purposes of this paragraph, the
1106 term “nonviolent felony” has the same meaning as provided in s.
1107 948.08(6).
1108 Section 12. Section 921.0027, Florida Statutes, is amended
1109 to read:
1110 921.0027 Criminal Public Safety Punishment Code and
1111 revisions; applicability.—The Florida Criminal Public Safety
1112 Punishment Code applies to all felonies, except capital
1113 felonies, committed on or after October 1, 1998. Any revision to
1114 the Criminal Public Safety Punishment Code applies to sentencing
1115 for all felonies, except capital felonies, committed on or after
1116 the effective date of the revision. Felonies, except capital
1117 felonies, with continuing dates of enterprise shall be sentenced
1118 under the Criminal Public Safety Punishment Code in effect on
1119 the beginning date of the criminal activity.
1120 Section 13. Subsection (1) of section 924.06, Florida
1121 Statutes, is amended to read:
1122 924.06 Appeal by defendant.—
1123 (1) A defendant may appeal from:
1124 (a) A final judgment of conviction when probation has not
1125 been granted under chapter 948, except as provided in subsection
1126 (3);
1127 (b) An order granting probation under chapter 948;
1128 (c) An order revoking probation under chapter 948;
1129 (d) A sentence, on the ground that it is illegal; or
1130 (e) A sentence imposed under s. 921.0024 of the Criminal
1131 Public Safety Punishment Code which exceeds the statutory
1132 maximum penalty provided in s. 775.082 for an offense at
1133 conviction, or the consecutive statutory maximums for offenses
1134 at conviction, unless otherwise provided by law.
1135 Section 14. Paragraph (i) of subsection (1) of section
1136 924.07, Florida Statutes, is amended to read:
1137 924.07 Appeal by state.—
1138 (1) The state may appeal from:
1139 (i) A sentence imposed below the lowest permissible
1140 sentence established by the Criminal Public Safety Punishment
1141 Code under chapter 921.
1142 Section 15. Paragraph (c) of subsection (3) and paragraph
1143 (e) of subsection (5) of section 944.17, Florida Statutes, are
1144 amended to read:
1145 944.17 Commitments and classification; transfers.—
1146 (3)
1147 (c)1. When the highest ranking offense for which the
1148 prisoner is convicted is a felony, the trial court shall
1149 sentence the prisoner pursuant to the Criminal Public Safety
1150 Punishment Code in chapter 921.
1151 2. When the highest ranking offense for which the prisoner
1152 is convicted is a misdemeanor, the trial court shall sentence
1153 the prisoner pursuant to s. 775.082(4).
1154 (5) The department shall also refuse to accept a person
1155 into the state correctional system unless the following
1156 documents are presented in a completed form by the sheriff or
1157 chief correctional officer, or a designated representative, to
1158 the officer in charge of the reception process. The department
1159 may, at its discretion, receive such documents electronically:
1160 (e) A copy of the Criminal Public Safety Punishment Code
1161 scoresheet and any attachments thereto prepared pursuant to Rule
1162 3.701, Rule 3.702, or Rule 3.703, Florida Rules of Criminal
1163 Procedure, or any other rule pertaining to the preparation of
1164 felony sentencing scoresheets.
1165
1166 In addition, the sheriff or other officer having such person in
1167 charge shall also deliver with the foregoing documents any
1168 available presentence investigation reports as described in s.
1169 921.231 and any attached documents. After a prisoner is admitted
1170 into the state correctional system, the department may request
1171 such additional records relating to the prisoner as it considers
1172 necessary from the clerk of the court, the Department of
1173 Children and Families, or any other state or county agency for
1174 the purpose of determining the prisoner’s proper custody
1175 classification, gain-time eligibility, or eligibility for early
1176 release programs. An agency that receives such a request from
1177 the department must provide the information requested. The
1178 department may, at its discretion, receive such information
1179 electronically.
1180 Section 16. Paragraph (a) of subsection (7) of section
1181 948.01, Florida Statutes, is amended to read:
1182 948.01 When court may place defendant on probation or into
1183 community control.—
1184 (7)(a) Notwithstanding s. 921.0024 and effective for
1185 offenses committed on or after July 1, 2009, the sentencing
1186 court may place the defendant into a postadjudicatory treatment
1187 based drug court program if the defendant’s Criminal Public
1188 Safety Punishment Code scoresheet total sentence points under s.
1189 921.0024 are 60 points or fewer, the offense is a nonviolent
1190 felony, the defendant is amenable to substance abuse treatment,
1191 and the defendant otherwise qualifies under s. 397.334(3). The
1192 satisfactory completion of the program shall be a condition of
1193 the defendant’s probation or community control. As used in this
1194 subsection, the term “nonviolent felony” means a third degree
1195 felony violation under chapter 810 or any other felony offense
1196 that is not a forcible felony as defined in s. 776.08.
1197 Section 17. Section 948.015, Florida Statutes, is amended
1198 to read:
1199 948.015 Presentence investigation reports.—The circuit
1200 court, when the defendant in a criminal case has been found
1201 guilty or has entered a plea of nolo contendere or guilty and
1202 has a lowest permissible sentence under the Criminal Public
1203 Safety Punishment Code of any nonstate prison sanction, may
1204 refer the case to the department for investigation or
1205 recommendation. Upon such referral, the department shall make
1206 the following report in writing at a time specified by the court
1207 prior to sentencing. The full report shall include:
1208 (1) A complete description of the situation surrounding the
1209 criminal activity with which the offender has been charged,
1210 including a synopsis of the trial transcript, if one has been
1211 made; nature of the plea agreement, including the number of
1212 counts waived, the pleas agreed upon, the sentence agreed upon,
1213 and any additional terms of agreement; and, at the offender’s
1214 discretion, his or her version and explanation of the criminal
1215 activity.
1216 (2) The offender’s sentencing status, including whether the
1217 offender is a first offender, a habitual or violent offender, a
1218 youthful offender, or is currently on probation.
1219 (3) The offender’s prior record of arrests and convictions.
1220 (4) The offender’s educational background.
1221 (5) The offender’s employment background, including any
1222 military record, present employment status, and occupational
1223 capabilities.
1224 (6) The offender’s financial status, including total
1225 monthly income and estimated total debts.
1226 (7) The social history of the offender, including his or
1227 her family relationships, marital status, interests, and
1228 activities.
1229 (8) The residence history of the offender.
1230 (9) The offender’s medical history and, as appropriate, a
1231 psychological or psychiatric evaluation.
1232 (10) Information about the environments to which the
1233 offender might return or to which the offender could be sent
1234 should a sentence of nonincarceration or community supervision
1235 be imposed by the court, and consideration of the offender’s
1236 plan concerning employment supervision and treatment.
1237 (11) Information about any resources available to assist
1238 the offender, such as:
1239 (a) Treatment centers.
1240 (b) Residential facilities.
1241 (c) Career training programs.
1242 (d) Special education programs.
1243 (e) Services that may preclude or supplement commitment to
1244 the department.
1245 (12) The views of the person preparing the report as to the
1246 offender’s motivations and ambitions and an assessment of the
1247 offender’s explanations for his or her criminal activity.
1248 (13) An explanation of the offender’s criminal record, if
1249 any, including his or her version and explanation of any
1250 previous offenses.
1251 (14) A statement regarding the extent of any victim’s loss
1252 or injury.
1253 (15) A recommendation as to disposition by the court. The
1254 department shall make a written determination as to the reasons
1255 for its recommendation, and shall include an evaluation of the
1256 following factors:
1257 (a) The appropriateness or inappropriateness of community
1258 facilities, programs, or services for treatment or supervision
1259 for the offender.
1260 (b) The ability or inability of the department to provide
1261 an adequate level of supervision for the offender in the
1262 community and a statement of what constitutes an adequate level
1263 of supervision.
1264 (c) The existence of other treatment modalities which the
1265 offender could use but which do not exist at present in the
1266 community.
1267 Section 18. Paragraph (j) of subsection (2) of section
1268 948.06, Florida Statutes, is amended to read:
1269 948.06 Violation of probation or community control;
1270 revocation; modification; continuance; failure to pay
1271 restitution or cost of supervision.—
1272 (2)
1273 (j)1. Notwithstanding s. 921.0024 and effective for
1274 offenses committed on or after July 1, 2009, the court may order
1275 the defendant to successfully complete a postadjudicatory
1276 treatment-based drug court program if:
1277 a. The court finds or the offender admits that the offender
1278 has violated his or her community control or probation;
1279 b. The offender’s Criminal Public Safety Punishment Code
1280 scoresheet total sentence points under s. 921.0024 are 60 points
1281 or fewer after including points for the violation;
1282 c. The underlying offense is a nonviolent felony. As used
1283 in this subsection, the term “nonviolent felony” means a third
1284 degree felony violation under chapter 810 or any other felony
1285 offense that is not a forcible felony as defined in s. 776.08;
1286 d. The court determines that the offender is amenable to
1287 the services of a postadjudicatory treatment-based drug court
1288 program;
1289 e. The court has explained the purpose of the program to
1290 the offender and the offender has agreed to participate; and
1291 f. The offender is otherwise qualified to participate in
1292 the program under the provisions of s. 397.334(3).
1293 2. After the court orders the modification of community
1294 control or probation, the original sentencing court shall
1295 relinquish jurisdiction of the offender’s case to the
1296 postadjudicatory treatment-based drug court program until the
1297 offender is no longer active in the program, the case is
1298 returned to the sentencing court due to the offender’s
1299 termination from the program for failure to comply with the
1300 terms thereof, or the offender’s sentence is completed.
1301 Section 19. Subsection (1) of section 948.20, Florida
1302 Statutes, is amended to read:
1303 948.20 Drug offender probation.—
1304 (1) If it appears to the court upon a hearing that the
1305 defendant is a chronic substance abuser whose criminal conduct
1306 is a violation of s. 893.13(2)(a) or (6)(a), or other nonviolent
1307 felony if such nonviolent felony is committed on or after July
1308 1, 2009, and notwithstanding s. 921.0024 the defendant’s
1309 Criminal Public Safety Punishment Code scoresheet total sentence
1310 points are 60 points or fewer, the court may either adjudge the
1311 defendant guilty or stay and withhold the adjudication of guilt.
1312 In either case, the court may also stay and withhold the
1313 imposition of sentence and place the defendant on drug offender
1314 probation or into a postadjudicatory treatment-based drug court
1315 program if the defendant otherwise qualifies. As used in this
1316 section, the term “nonviolent felony” means a third degree
1317 felony violation under chapter 810 or any other felony offense
1318 that is not a forcible felony as defined in s. 776.08.
1319 Section 20. Paragraph (c) of subsection (2) of section
1320 948.51, Florida Statutes, is amended to read:
1321 948.51 Community corrections assistance to counties or
1322 county consortiums.—
1323 (2) ELIGIBILITY OF COUNTIES AND COUNTY CONSORTIUMS.—A
1324 county, or a consortium of two or more counties, may contract
1325 with the Department of Corrections for community corrections
1326 funds as provided in this section. In order to enter into a
1327 community corrections partnership contract, a county or county
1328 consortium must have a public safety coordinating council
1329 established under s. 951.26 and must designate a county officer
1330 or agency to be responsible for administering community
1331 corrections funds received from the state. The public safety
1332 coordinating council shall prepare, develop, and implement a
1333 comprehensive public safety plan for the county, or the
1334 geographic area represented by the county consortium, and shall
1335 submit an annual report to the Department of Corrections
1336 concerning the status of the program. In preparing the
1337 comprehensive public safety plan, the public safety coordinating
1338 council shall cooperate with the juvenile justice circuit
1339 advisory board established under s. 985.664 in order to include
1340 programs and services for juveniles in the plan. To be eligible
1341 for community corrections funds under the contract, the initial
1342 public safety plan must be approved by the governing board of
1343 the county, or the governing board of each county within the
1344 consortium, and the Secretary of Corrections based on the
1345 requirements of this section. If one or more other counties
1346 develop a unified public safety plan, the public safety
1347 coordinating council shall submit a single application to the
1348 department for funding. Continued contract funding shall be
1349 pursuant to subsection (5). The plan for a county or county
1350 consortium must cover at least a 5-year period and must include:
1351 (c) Specific goals and objectives for reducing the
1352 projected percentage of commitments to the state prison system
1353 of persons with low total sentencing scores pursuant to the
1354 Criminal Public Safety Punishment Code.
1355 Section 21. Subsection (3) of section 958.04, Florida
1356 Statutes, is amended to read:
1357 958.04 Judicial disposition of youthful offenders.—
1358 (3) The provisions of this section shall not be used to
1359 impose a greater sentence than the permissible sentence range as
1360 established by the Criminal Public Safety Punishment Code
1361 pursuant to chapter 921 unless reasons are explained in writing
1362 by the trial court judge which reasonably justify departure. A
1363 sentence imposed outside of the code is subject to appeal
1364 pursuant to s. 924.06 or s. 924.07.
1365 Section 22. Subsection (4) of section 985.465, Florida
1366 Statutes, is amended to read:
1367 985.465 Juvenile correctional facilities or juvenile
1368 prison.—A juvenile correctional facility or juvenile prison is a
1369 physically secure residential commitment program with a
1370 designated length of stay from 18 months to 36 months, primarily
1371 serving children 13 years of age to 19 years of age or until the
1372 jurisdiction of the court expires. Each child committed to this
1373 level must meet one of the following criteria:
1374 (4) The child is at least 13 years of age at the time of
1375 the disposition for the current offense, the child is eligible
1376 for prosecution as an adult for the current offense, and the
1377 current offense is ranked at level 7 or higher on the Criminal
1378 Public Safety Punishment Code offense severity ranking chart
1379 pursuant to s. 921.0022.
1380 Section 23. Section 921.002, Florida Statutes, is amended
1381 to read:
1382 921.002 The Criminal Public Safety Punishment Code.—The
1383 Criminal Public Safety Punishment Code shall apply to all felony
1384 offenses, except capital felonies, committed on or after October
1385 1, 1998.
1386 (1) The provision of criminal penalties and of limitations
1387 upon the application of such penalties is a matter of
1388 predominantly substantive law and, as such, is a matter properly
1389 addressed by the Legislature. The Legislature, in the exercise
1390 of its authority and responsibility to establish sentencing
1391 criteria, to provide for the imposition of criminal penalties,
1392 and to make the best use of state prisons so that violent
1393 criminal offenders are appropriately incarcerated, has
1394 determined that it is in the best interest of the state to
1395 develop, implement, and revise a sentencing policy. The Criminal
1396 Public Safety Punishment Code embodies the principles that:
1397 (a) Sentencing is neutral with respect to race, gender, and
1398 social and economic status.
1399 (b) The primary purpose of sentencing is to punish the
1400 offender. Rehabilitation is a desired goal of the criminal
1401 justice system but is subordinate to the goal of public safety
1402 punishment.
1403 (c) The penalty imposed is commensurate with the severity
1404 of the primary offense and the circumstances surrounding the
1405 primary offense.
1406 (d) The severity of the sentence increases with the length
1407 and nature of the offender’s prior record.
1408 (e) The sentence imposed by the sentencing judge reflects
1409 the length of actual time to be served, shortened only by the
1410 application of incentive and meritorious gain-time as provided
1411 by law, and may not be shortened if the defendant would
1412 consequently serve less than 85 percent of his or her term of
1413 imprisonment as provided in s. 944.275(4). The provisions of
1414 chapter 947, relating to parole, shall not apply to persons
1415 sentenced under the Criminal Public Safety Punishment Code.
1416 (f) Departures below the lowest permissible sentence
1417 established by the code must be articulated in writing by the
1418 trial court judge and made only when circumstances or factors
1419 reasonably justify the mitigation of the sentence. The level of
1420 proof necessary to establish facts that support a departure from
1421 the lowest permissible sentence is a preponderance of the
1422 evidence.
1423 (g) The trial court judge may impose a sentence up to and
1424 including the statutory maximum for any offense, including an
1425 offense that is before the court due to a violation of probation
1426 or community control.
1427 (h) A sentence may be appealed on the basis that it departs
1428 from the Criminal Public Safety Punishment Code only if the
1429 sentence is below the lowest permissible sentence or as
1430 enumerated in s. 924.06(1).
1431 (i) Use of incarcerative sanctions is prioritized toward
1432 offenders convicted of serious offenses and certain offenders
1433 who have long prior records, in order to maximize the finite
1434 capacities of state and local correctional facilities.
1435 (2) When a defendant is before the court for sentencing for
1436 more than one felony and the felonies were committed under more
1437 than one version or revision of the former sentencing guidelines
1438 or the code, each felony shall be sentenced under the guidelines
1439 or the code in effect at the time the particular felony was
1440 committed. This subsection does not apply to sentencing for any
1441 capital felony.
1442 (3) A court may impose a departure below the lowest
1443 permissible sentence based upon circumstances or factors that
1444 reasonably justify the mitigation of the sentence in accordance
1445 with s. 921.0026. The level of proof necessary to establish
1446 facts supporting the mitigation of a sentence is a preponderance
1447 of the evidence. When multiple reasons exist to support the
1448 mitigation, the mitigation shall be upheld when at least one
1449 circumstance or factor justifies the mitigation regardless of
1450 the presence of other circumstances or factors found not to
1451 justify mitigation. Any sentence imposed below the lowest
1452 permissible sentence must be explained in writing by the trial
1453 court judge.
1454 (4)(a) The Department of Corrections shall report on trends
1455 in sentencing practices and sentencing score thresholds and
1456 provide an analysis on the sentencing factors considered by the
1457 courts and shall submit this information to the Legislature by
1458 October 1 of each year.
1459 (b) The Criminal Justice Estimating Conference, with the
1460 assistance of the Department of Corrections, shall estimate the
1461 impact of any proposed change to the Criminal Public Safety
1462 Punishment Code on future rates of incarceration and on the
1463 prison population. The Criminal Justice Estimating Conference
1464 shall base its projections on historical data concerning
1465 sentencing practices which have been accumulated by the
1466 Department of Corrections and other relevant data from other
1467 state agencies and records of the Department of Corrections
1468 which disclose the average time served for offenses covered by
1469 any proposed changes to the Criminal Public Safety Punishment
1470 Code.
1471 (c) In order to produce projects that are either required
1472 by law or requested by the Legislature to assist the Legislature
1473 in making modifications to the Criminal Public Safety Punishment
1474 Code, the Department of Corrections is authorized to collect and
1475 evaluate Criminal Public Safety Punishment Code scoresheets from
1476 each of the judicial circuits after sentencing. Beginning in
1477 1999, by October 1 of each year, the Department of Corrections
1478 shall provide an annual report to the Legislature that shows the
1479 rate of compliance of each judicial circuit in providing
1480 scoresheets to the department.
1481 Section 24. Subsection (2) of section 893.20, Florida
1482 Statutes, is amended to read:
1483 893.20 Continuing criminal enterprise.—
1484 (2) A person who commits the offense of engaging in a
1485 continuing criminal enterprise commits is guilty of a life
1486 felony, punishable pursuant to the Criminal Public Safety
1487 Punishment Code and by a fine of $500,000.
1488 Section 25. This act shall take effect July 1, 2021.