Florida Senate - 2021                                    SB 1904
       
       
        
       By Senator Bracy
       
       
       
       
       
       11-01779-21                                           20211904__
    1                        A bill to be entitled                      
    2         An act relating to sentencing calculations under the
    3         Criminal Punishment Code; amending s. 921.002, F.S.;
    4         providing that a sentencing judge’s decision regarding
    5         sentencing is guided by a computed recommended
    6         sentencing range, from the lowest permissible sentence
    7         to the highest recommended prison sentence; removing a
    8         limitation on sentence appeals for cases in which the
    9         sentence imposed is lower than the lowest permissible
   10         sentence or sentence appeals under other specified
   11         circumstances; amending s. 921.0024, F.S.; increasing
   12         the minimum number of sentence points for a state
   13         prison sanction; revising the calculation of the
   14         lowest permissible sentence; requiring a calculation
   15         of the highest recommended prison sentence under
   16         specified circumstances; providing a recommended range
   17         for sentencing; providing an effective date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Present paragraphs (f) and (g) of subsection (1)
   22  of section 921.002, Florida Statutes, are redesignated as
   23  paragraphs (g) and (h), respectively, a new paragraph (f) is
   24  added to that subsection, and present paragraph (h) of that
   25  subsection is amended, to read:
   26         921.002 The Criminal Punishment Code.—The Criminal
   27  Punishment Code shall apply to all felony offenses, except
   28  capital felonies, committed on or after October 1, 1998.
   29         (1) The provision of criminal penalties and of limitations
   30  upon the application of such penalties is a matter of
   31  predominantly substantive law and, as such, is a matter properly
   32  addressed by the Legislature. The Legislature, in the exercise
   33  of its authority and responsibility to establish sentencing
   34  criteria, to provide for the imposition of criminal penalties,
   35  and to make the best use of state prisons so that violent
   36  criminal offenders are appropriately incarcerated, has
   37  determined that it is in the best interest of the state to
   38  develop, implement, and revise a sentencing policy. The Criminal
   39  Punishment Code embodies the principles that:
   40         (f)The sentence imposed by the sentencing judge is guided
   41  by the computed sentencing range, which is from the lowest
   42  permissible sentence to the highest recommended sentence, under
   43  the code.
   44         (h)A sentence may be appealed on the basis that it departs
   45  from the Criminal Punishment Code only if the sentence is below
   46  the lowest permissible sentence or as enumerated in s.
   47  924.06(1).
   48         Section 2. Subsection (2) of section 921.0024, Florida
   49  Statutes, is amended to read:
   50         921.0024 Criminal Punishment Code; worksheet computations;
   51  scoresheets.—
   52         (2) The lowest permissible sentence is the minimum sentence
   53  that may be imposed by the trial court, absent a valid reason
   54  for departure. When the total sentence points are fewer than 52
   55  points, the lowest permissible sentence is any nonstate prison
   56  sanction and the highest recommended sentence is 12 months of
   57  nonstate incarceration The lowest permissible sentence is any
   58  nonstate prison sanction in which the total sentence points
   59  equals or is less than 44 points, unless the court determines
   60  within its discretion that a prison sentence, which may be up to
   61  the statutory maximums for the offenses committed, is
   62  appropriate. When the total sentence points exceeds 52 44
   63  points, the lowest permissible sentence in prison months is
   64  shall be calculated by subtracting 36 28 points from the total
   65  sentence points and decreasing the remaining total by 25
   66  percent. When the total sentence points exceeds 52 points, the
   67  highest recommended prison sentence in prison months is
   68  calculated by subtracting 36 points from the total sentence
   69  points and increasing the remaining total by 25 percent. The
   70  total sentence points are shall be calculated only as a means of
   71  determining the recommended sentencing range, which is from the
   72  lowest permissible sentence to the highest recommended prison
   73  sentence. The permissible range for sentencing is shall be the
   74  lowest permissible sentence up to and including the statutory
   75  maximum, as defined in s. 775.082, for the primary offense and
   76  any additional offenses before the court for sentencing. The
   77  sentencing court may impose such sentences concurrently or
   78  consecutively. However, any sentence to state prison must exceed
   79  1 year. If the lowest permissible sentence under the code
   80  exceeds the statutory maximum sentence as provided in s.
   81  775.082, the sentence required by the code must be imposed. If
   82  the total sentence points are greater than or equal to 363, the
   83  court may sentence the offender to life imprisonment. An
   84  offender sentenced to life imprisonment under this section is
   85  not eligible for any form of discretionary early release, except
   86  executive clemency or conditional medical release under s.
   87  947.149.
   88         Section 3. This act shall take effect July 1, 2021.