Florida Senate - 2022 SB 260
By Senator Pizzo
38-00170-22 2022260__
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).
182 815.04(5)(a) 3rd Offense against intellectual property (i.e., computer programs, data).
183 817.52(2) 3rd Hiring with intent to defraud, motor vehicle services.
184 817.569(2) 3rd Use of public record or public records information or providing false information to facilitate commission of a felony.
185 826.01 3rd Bigamy.
186 828.122(3) 3rd Fighting or baiting animals.
187 831.04(1) 3rd Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
188 831.31(1)(a) 3rd Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
189 832.041(1) 3rd Stopping payment with intent to defraud $150 or more.
190 832.05(2)(b) & (4)(c) 3rd Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more.
191 838.15(2) 3rd Commercial bribe receiving.
192 838.16 3rd Commercial bribery.
193 843.18 3rd Fleeing by boat to elude a law enforcement officer.
194 847.011(1)(a) 3rd Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
195 849.09(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.
196 849.23 3rd Gambling-related machines; “common offender” as to property rights.
197 849.25(2) 3rd Engaging in bookmaking.
198 860.08 3rd Interfere with a railroad signal.
199 860.13(1)(a) 3rd Operate aircraft while under the influence.
200 893.13(2)(a)2. 3rd Purchase of cannabis.
201 893.13(6)(a) 3rd Possession of cannabis (more than 20 grams).
202 934.03(1)(a) 3rd Intercepts, or procures any other person to intercept, any wire or oral communication.
203 (b) LEVEL 2
204
205 FloridaStatute FelonyDegree Description
206 379.2431 (1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
207 379.2431 (1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
208 403.413(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.
209 517.07(2) 3rd Failure to furnish a prospectus meeting requirements.
210 590.28(1) 3rd Intentional burning of lands.
211 784.03(3) 3rd Battery during a riot or an aggravated riot.
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.
215 806.13(3) 3rd Criminal mischief; damage of $200 or more to a memorial or historic property.
216 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
217 810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
218 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $750 or more but less than $5,000.
219 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $750, taken from unenclosed curtilage of dwelling.
220 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
221 817.234(1)(a)2. 3rd False statement in support of insurance claim.
222 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
223 817.52(3) 3rd Failure to redeliver hired vehicle.
224 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
225 817.60(5) 3rd Dealing in credit cards of another.
226 817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
227 817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
228 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
229 831.01 3rd Forgery.
230 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
231 831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
232 831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
233 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
234 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
235 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
236 843.08 3rd False personation.
237 893.13(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.
238 893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
239 (c) LEVEL 3
240
241 FloridaStatute FelonyDegree Description
242 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
243 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
244 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
245 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
246 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
247 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
248 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
249 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
250 327.35(2)(b) 3rd Felony BUI.
251 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
252 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
253 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
254 379.2431 (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.
255 379.2431 (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.
256 379.2431 (1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
257 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license.
258 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information.
259 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
260 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
261 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
262 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
263 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
264 697.08 3rd Equity skimming.
265 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
266 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
267 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
268 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
269 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
270 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
271 812.015(8)(b) 3rd Retail theft with intent to sell; conspires with others.
272 812.081(2) 3rd Theft of a trade secret.
273 815.04(5)(b) 2nd Computer offense devised to defraud or obtain property.
274 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
275 817.233 3rd Burning to defraud insurer.
276 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
277 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
278 817.236 3rd Filing a false motor vehicle insurance application.
279 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
280 817.413(2) 3rd Sale of used goods of $1,000 or more as new.
281 817.49(2)(b)1. 3rd Willful making of a false report of a crime causing great bodily harm, permanent disfigurement, or permanent disability.
282 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
283 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards.
284 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
285 843.19 2nd Injure, disable, or kill police, fire, or SAR canine or police horse.
286 860.15(3) 3rd Overcharging for repairs and parts.
287 870.01(2) 3rd Riot.
288 870.01(4) 3rd Inciting a riot.
289 893.13(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).
290 893.13(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.
291 893.13(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.
292 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances.
293 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
294 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
295 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
296 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
297 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
298 893.13(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.
299 893.13(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.
300 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
301 893.13(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.
302 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
303 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility.
304 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
305 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
306 (d) LEVEL 4
307
308 FloridaStatute FelonyDegree Description
309 316.1935(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.
310 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements.
311 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
312 517.07(1) 3rd Failure to register securities.
313 517.12(1) 3rd Failure of dealer, associated person, or issuer of securities to register.
314 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
315 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
316 784.075 3rd Battery on detention or commitment facility staff.
317 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
318 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
319 784.081(3) 3rd Battery on specified official or employee.
320 784.082(3) 3rd Battery by detained person on visitor or other detainee.
321 784.083(3) 3rd Battery on code inspector.
322 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
323 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
324 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
325 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
326 787.07 3rd Human smuggling.
327 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
328 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
329 790.115(2)(c) 3rd Possessing firearm on school property.
330 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
331 806.135 2nd Destroying or demolishing a memorial or historic property.
332 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
333 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
334 810.06 3rd Burglary; possession of tools.
335 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
336 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
337 812.014 (2)(c)4.-10. 3rd Grand theft, 3rd degree; specified items.
338 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
339 817.505(4)(a) 3rd Patient brokering.
340 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
341 817.568(2)(a) 3rd Fraudulent use of personal identification information.
342 817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder.
343 817.625(2)(c) 3rd Possess, sell, or deliver skimming device.
344 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
345 837.02(1) 3rd Perjury in official proceedings.
346 837.021(1) 3rd Make contradictory statements in official proceedings.
347 838.022 3rd Official misconduct.
348 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
349 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families.
350 843.021 3rd Possession of a concealed handcuff key by a person in custody.
351 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
352 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
353 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
354 870.01(3) 2nd Aggravated rioting.
355 870.01(5) 2nd Aggravated inciting a riot.
356 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang.
357 893.13(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).
358 914.14(2) 3rd Witnesses accepting bribes.
359 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
360 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
361 916.1085 (2)(c)1. 3rd Introduction of specified contraband into certain DCF facilities.
362 918.12 3rd Tampering with jurors.
363 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
364 944.47(1)(a)6. 3rd Introduction of contraband (cellular telephone or other portable communication device) into correctional institution.
365 951.22(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.
366 (e) LEVEL 5
367
368 FloridaStatute FelonyDegree Description
369 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
370 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
371 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
372 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
373 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
374 379.365(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.
375 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
376 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
377 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
378 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
379 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
380 440.381(2) 3rd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
381 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
382 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
383 790.01(2) 3rd Carrying a concealed firearm.
384 790.162 2nd Threat to throw or discharge destructive device.
385 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
386 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
387 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
388 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
389 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
390 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
391 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
392 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
393 812.015 (8)(a) & (c)-(e) 3rd Retail theft; property stolen is valued at $750 or more and one or more specified acts.
394 812.019(1) 2nd Stolen property; dealing in or trafficking in.
395 812.081(3) 2nd Trafficking in trade secrets.
396 812.131(2)(b) 3rd Robbery by sudden snatching.
397 812.16(2) 3rd Owning, operating, or conducting a chop shop.
398 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
399 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
400 817.2341(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.
401 817.568(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.
402 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
403 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
404 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
405 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
406 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
407 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
408 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
409 843.01 3rd Resist officer with violence to person; resist arrest with violence.
410 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
411 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
412 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
413 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
414 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
415 893.13(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).
416 893.13(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.
417 893.13(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.
418 893.13(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.
419 893.13(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.
420 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
421 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
422 (f) LEVEL 6
423
424 FloridaStatute FelonyDegree Description
425 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.
426 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
427 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license.
428 499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement.
429 499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
430 499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
431 775.0875(1) 3rd Taking firearm from law enforcement officer.
432 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
433 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
434 784.041 3rd Felony battery; domestic battery by strangulation.
435 784.048(3) 3rd Aggravated stalking; credible threat.
436 784.048(5) 3rd Aggravated stalking of person under 16.
437 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
438 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
439 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
440 784.081(2) 2nd Aggravated assault on specified official or employee.
441 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
442 784.083(2) 2nd Aggravated assault on code inspector.
443 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
444 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
445 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
446 790.164(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.
447 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
448 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
449 794.05(1) 2nd Unlawful sexual activity with specified minor.
450 800.04(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.
451 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
452 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
453 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
454 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.
455 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
456 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
457 812.015(9)(a) 2nd Retail theft; property stolen $750 or more; second or subsequent conviction.
458 812.015(9)(b) 2nd Retail theft; aggregated property stolen within 30 days is $3,000 or more; coordination of others.
459 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
460 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
461 817.49(2)(b)2. 2nd Willful making of a false report of a crime resulting in death.
462 817.505(4)(b) 2nd Patient brokering; 10 or more patients.
463 825.102(1) 3rd Abuse of an elderly person or disabled adult.
464 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
465 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
466 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
467 827.03(2)(c) 3rd Abuse of a child.
468 827.03(2)(d) 3rd Neglect of a child.
469 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
470 836.05 2nd Threats; extortion.
471 836.10 2nd Written or electronic threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
472 843.12 3rd Aids or assists person to escape.
473 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
474 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
475 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
476 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
477 944.35(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.
478 944.40 2nd Escapes.
479 944.46 3rd Harboring, concealing, aiding escaped prisoners.
480 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
481 951.22(1)(i) 3rd Firearm or weapon introduced into county detention facility.
482 (g) LEVEL 7
483
484 FloridaStatute FelonyDegree Description
485 316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene.
486 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
487 316.1935(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.
488 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
489 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
490 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
491 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
492 456.065(2) 3rd Practicing a health care profession without a license.
493 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
494 458.327(1) 3rd Practicing medicine without a license.
495 459.013(1) 3rd Practicing osteopathic medicine without a license.
496 460.411(1) 3rd Practicing chiropractic medicine without a license.
497 461.012(1) 3rd Practicing podiatric medicine without a license.
498 462.17 3rd Practicing naturopathy without a license.
499 463.015(1) 3rd Practicing optometry without a license.
500 464.016(1) 3rd Practicing nursing without a license.
501 465.015(2) 3rd Practicing pharmacy without a license.
502 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
503 467.201 3rd Practicing midwifery without a license.
504 468.366 3rd Delivering respiratory care services without a license.
505 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
506 483.901(7) 3rd Practicing medical physics without a license.
507 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
508 484.053 3rd Dispensing hearing aids without a license.
509 494.0018(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.
510 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
511 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
512 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
513 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
514 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
515 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
516 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
517 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
518 782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
519 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
520 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
521 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
522 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
523 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
524 784.048(7) 3rd Aggravated stalking; violation of court order.
525 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
526 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
527 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
528 784.081(1) 1st Aggravated battery on specified official or employee.
529 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
530 784.083(1) 1st Aggravated battery on code inspector.
531 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult.
532 787.06(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.
533 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
534 790.16(1) 1st Discharge of a machine gun under specified circumstances.
535 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
536 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
537 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
538 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
539 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
540 794.08(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.
541 796.05(1) 1st Live on earnings of a prostitute; 2nd offense.
542 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense.
543 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
544 800.04(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.
545 800.04(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.
546 806.01(2) 2nd Maliciously damage structure by fire or explosive.
547 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
548 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
549 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
550 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
551 812.014(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.
552 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
553 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
554 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
555 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
556 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
557 812.131(2)(a) 2nd Robbery by sudden snatching.
558 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
559 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
560 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
561 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
562 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
563 817.2341 (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.
564 817.418(2)(a) 3rd Offering for sale or advertising personal protective equipment with intent to defraud.
565 817.504(1)(a) 3rd Offering or advertising a vaccine with intent to defraud.
566 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
567 817.611(2)(b) 2nd Traffic in or possess 15 to 49 counterfeit credit cards or related documents.
568 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
569 825.103(3)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $10,000 or more, but less than $50,000.
570 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
571 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
572 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
573 838.015 2nd Bribery.
574 838.016 2nd Unlawful compensation or reward for official behavior.
575 838.021(3)(a) 2nd Unlawful harm to a public servant.
576 838.22 2nd Bid tampering.
577 843.0855(2) 3rd Impersonation of a public officer or employee.
578 843.0855(3) 3rd Unlawful simulation of legal process.
579 843.0855(4) 3rd Intimidation of a public officer or employee.
580 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
581 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
582 872.06 2nd Abuse of a dead human body.
583 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
584 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
585 893.13(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.
586 893.13(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.
587 893.13(4)(a) 1st Use or hire of minor; deliver to minor other controlled substance.
588 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
589 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
590 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
591 893.135 (1)(c)2.a. 1st Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
592 893.135 (1)(c)2.b. 1st Trafficking in hydrocodone, 50 grams or more, less than 100 grams.
593 893.135 (1)(c)3.a. 1st Trafficking in oxycodone, 7 grams or more, less than 14 grams.
594 893.135 (1)(c)3.b. 1st Trafficking in oxycodone, 14 grams or more, less than 25 grams.
595 893.135 (1)(c)4.b.(I) 1st Trafficking in fentanyl, 4 grams or more, less than 14 grams.
596 893.135 (1)(d)1.a. 1st Trafficking in phencyclidine, 28 grams or more, less than 200 grams.
597 893.135(1)(e)1. 1st Trafficking in methaqualone, 200 grams or more, less than 5 kilograms.
598 893.135(1)(f)1. 1st Trafficking in amphetamine, 14 grams or more, less than 28 grams.
599 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
600 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
601 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
602 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
603 893.135 (1)(m)2.a. 1st Trafficking in synthetic cannabinoids, 280 grams or more, less than 500 grams.
604 893.135 (1)(m)2.b. 1st Trafficking in synthetic cannabinoids, 500 grams or more, less than 1,000 grams.
605 893.135 (1)(n)2.a. 1st Trafficking in n-benzyl phenethylamines, 14 grams or more, less than 100 grams.
606 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
607 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
608 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
609 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
610 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
611 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
612 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
613 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
614 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
615 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
616 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
617 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
618 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
619 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
620 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
621 (h) LEVEL 8
622
623 FloridaStatute FelonyDegree Description
624 316.193 (3)(c)3.a. 2nd DUI manslaughter.
625 316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
626 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
627 499.0051(6) 1st Knowing trafficking in contraband prescription drugs.
628 499.0051(7) 1st Knowing forgery of prescription labels or prescription drug labels.
629 560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
630 560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
631 655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
632 777.03(2)(a) 1st Accessory after the fact, capital felony.
633 782.04(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.
634 782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
635 782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
636 782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
637 787.06(3)(a)1. 1st Human trafficking for labor and services of a child.
638 787.06(3)(b) 1st Human trafficking using coercion for commercial sexual activity of an adult.
639 787.06(3)(c)2. 1st Human trafficking using coercion for labor and services of an unauthorized alien adult.
640 787.06(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.
641 787.06(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.
642 790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
643 794.011(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.
644 794.011(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.
645 794.011(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.
646 794.011(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.
647 794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state.
648 800.04(4)(b) 2nd Lewd or lascivious battery.
649 800.04(4)(c) 1st Lewd or lascivious battery; offender 18 years of age or older; prior conviction for specified sex offense.
650 806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
651 810.02(2)(a) 1st,PBL Burglary with assault or battery.
652 810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
653 810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
654 812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
655 812.13(2)(b) 1st Robbery with a weapon.
656 812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
657 817.418(2)(b) 2nd Offering for sale or advertising personal protective equipment with intent to defraud; second or subsequent offense.
658 817.504(1)(b) 2nd Offering or advertising a vaccine with intent to defraud; second or subsequent offense.
659 817.505(4)(c) 1st Patient brokering; 20 or more patients.
660 817.535(2)(b) 2nd Filing false lien or other unauthorized document; second or subsequent offense.
661 817.535(3)(a) 2nd Filing false lien or other unauthorized document; property owner is a public officer or employee.
662 817.535(4)(a)1. 2nd Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
663 817.535(5)(a) 2nd Filing false lien or other unauthorized document; owner of the property incurs financial loss as a result of the false instrument.
664 817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
665 817.611(2)(c) 1st Traffic in or possess 50 or more counterfeit credit cards or related documents.
666 825.102(2) 1st Aggravated abuse of an elderly person or disabled adult.
667 825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
668 825.103(3)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $50,000 or more.
669 837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
670 837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
671 860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
672 860.16 1st Aircraft piracy.
673 893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
674 893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
675 893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
676 893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
677 893.135 (1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
678 893.135 (1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
679 893.135 (1)(c)2.c. 1st Trafficking in hydrocodone, 100 grams or more, less than 300 grams.
680 893.135 (1)(c)3.c. 1st Trafficking in oxycodone, 25 grams or more, less than 100 grams.
681 893.135 (1)(c)4.b.(II) 1st Trafficking in fentanyl, 14 grams or more, less than 28 grams.
682 893.135 (1)(d)1.b. 1st Trafficking in phencyclidine, 200 grams or more, less than 400 grams.
683 893.135 (1)(e)1.b. 1st Trafficking in methaqualone, 5 kilograms or more, less than 25 kilograms.
684 893.135 (1)(f)1.b. 1st Trafficking in amphetamine, 28 grams or more, less than 200 grams.
685 893.135 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
686 893.135 (1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
687 893.135 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
688 893.135 (1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
689 893.135 (1)(m)2.c. 1st Trafficking in synthetic cannabinoids, 1,000 grams or more, less than 30 kilograms.
690 893.135 (1)(n)2.b. 1st Trafficking in n-benzyl phenethylamines, 100 grams or more, less than 200 grams.
691 893.1351(3) 1st Possession of a place used to manufacture controlled substance when minor is present or resides there.
692 895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
693 895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
694 895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
695 896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
696 896.104(4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
697 (i) LEVEL 9
698
699 FloridaStatute FelonyDegree Description
700 316.193 (3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
701 327.35 (3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
702 409.920 (2)(b)1.c. 1st Medicaid provider fraud; $50,000 or more.
703 499.0051(8) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
704 560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
705 560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
706 655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
707 775.0844 1st Aggravated white collar crime.
708 782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
709 782.04(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.
710 782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
711 782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
712 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
713 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
714 787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
715 787.02(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.
716 787.06(3)(c)1. 1st Human trafficking for labor and services of an unauthorized alien child.
717 787.06(3)(d) 1st Human trafficking using coercion for commercial sexual activity of an unauthorized adult alien.
718 787.06(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.
719 790.161 1st Attempted capital destructive device offense.
720 790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
721 794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
722 794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
723 794.011(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.
724 794.011(4)(b) 1st Sexual battery, certain circumstances; victim and offender 18 years of age or older.
725 794.011(4)(c) 1st Sexual battery, certain circumstances; victim 12 years of age or older; offender younger than 18 years.
726 794.011(4)(d) 1st,PBL Sexual battery, certain circumstances; victim 12 years of age or older; prior conviction for specified sex offenses.
727 794.011(8)(b) 1st,PBL Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
728 794.08(2) 1st Female genital mutilation; victim younger than 18 years of age.
729 800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
730 812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
731 812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
732 812.135(2)(b) 1st Home-invasion robbery with weapon.
733 817.535(3)(b) 1st Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee.
734 817.535(4)(a)2. 1st Filing false claim or other unauthorized document; defendant is incarcerated or under supervision.
735 817.535(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.
736 817.568(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.
737 827.03(2)(a) 1st Aggravated child abuse.
738 847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
739 847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
740 859.01 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.
741 893.135 1st Attempted capital trafficking offense.
742 893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
743 893.135 (1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
744 893.135 (1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
745 893.135 (1)(c)2.d. 1st Trafficking in hydrocodone, 300 grams or more, less than 30 kilograms.
746 893.135 (1)(c)3.d. 1st Trafficking in oxycodone, 100 grams or more, less than 30 kilograms.
747 893.135 (1)(c)4.b.(III) 1st Trafficking in fentanyl, 28 grams or more.
748 893.135 (1)(d)1.c. 1st Trafficking in phencyclidine, 400 grams or more.
749 893.135 (1)(e)1.c. 1st Trafficking in methaqualone, 25 kilograms or more.
750 893.135 (1)(f)1.c. 1st Trafficking in amphetamine, 200 grams or more.
751 893.135 (1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
752 893.135 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
753 893.135 (1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
754 893.135 (1)(m)2.d. 1st Trafficking in synthetic cannabinoids, 30 kilograms or more.
755 893.135 (1)(n)2.c. 1st Trafficking in n-benzyl phenethylamines, 200 grams or more.
756 896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
757 896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
758 (j) LEVEL 10
759
760 FloridaStatute FelonyDegree Description
761 499.0051(9) 1st Knowing sale or purchase of contraband prescription drugs resulting in death.
762 782.04(2) 1st,PBL Unlawful killing of human; act is homicide, unpremeditated.
763 782.07(3) 1st Aggravated manslaughter of a child.
764 787.01(1)(a)3. 1st,PBL Kidnapping; inflict bodily harm upon or terrorize victim.
765 787.01(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.
766 787.06(3)(g) Life Human trafficking for commercial sexual activity of a child under the age of 18 or mentally defective or incapacitated person.
767 787.06(4)(a) Life Selling or buying of minors into human trafficking.
768 794.011(3) Life Sexual battery; victim 12 years or older, offender uses or threatens to use deadly weapon or physical force to cause serious injury.
769 812.135(2)(a) 1st,PBL Home-invasion robbery with firearm or other deadly weapon.
770 876.32 1st Treason against the state.
771 Section 8. Section 921.0023, Florida Statutes, is amended
772 to read:
773 921.0023 Criminal Public Safety Punishment Code; ranking
774 unlisted felony offenses.—A felony offense committed on or after
775 October 1, 1998, that is not listed in s. 921.0022 is ranked
776 with respect to offense severity level by the Legislature,
777 commensurate with the harm or potential harm that is caused by
778 the offense to the community. Until the Legislature specifically
779 assigns an offense to a severity level in the offense severity
780 ranking chart, the severity level is within the following
781 parameters:
782 (1) A felony of the third degree within offense level 1.
783 (2) A felony of the second degree within offense level 4.
784 (3) A felony of the first degree within offense level 7.
785 (4) A felony of the first degree punishable by life within
786 offense level 9.
787 (5) A life felony within offense level 10.
788 Section 9. Section 921.0024, Florida Statutes, is amended
789 to read:
790 921.0024 Criminal Public Safety Punishment Code; worksheet
791 computations; scoresheets.—
792 (1)(a) The Criminal Public Safety Punishment Code worksheet
793 is used to compute the subtotal and total sentence points as
794 follows:
795
796 FLORIDA Criminal Public Safety Punishment Code
797 WORKSHEET
798
799 OFFENSE SCORE
800
801 Primary Offense
802 Level Sentence Points Total
803 10 116 = ........
804 9 92 = ........
805 8 74 = ........
806 7 56 = ........
807 6 36 = ........
808 5 28 = ........
809 4 22 = ........
810 3 16 = ........
811 2 10 = ........
812 1 4 = ........
813
814 Total
815
816 Additional Offenses
817 Level Sentence Points Counts Total
818 10 58 x .... = ....
819 9 46 x .... = ....
820 8 37 x .... = ....
821 7 28 x .... = ....
822 6 18 x .... = ....
823 5 5.4 x .... = ....
824 4 3.6 x .... = ....
825 3 2.4 x .... = ....
826 2 1.2 x .... = ....
827 1 0.7 x .... = ....
828 M 0.2 x .... = ....
829
830 Total
831
832 Victim Injury
833 Level Sentence Points Number Total
834 2nd degreemurder-death 240 x .... = ....
835 Death 120 x .... = ....
836 Severe 40 x .... = ....
837 Moderate 18 x .... = ....
838 Slight 4 x .... = ....
839 Sexual penetration 80 x .... = ....
840 Sexual contact 40 x .... = ....
841
842 Total
843 Primary Offense + Additional Offenses + Victim Injury =
844 TOTAL OFFENSE SCORE
845
846 PRIOR RECORD SCORE
847
848 Prior Record
849 Level Sentence Points Number Total
850 10 29 x .... = ....
851 9 23 x .... = ....
852 8 19 x .... = ....
853 7 14 x .... = ....
854 6 9 x .... = ....
855 5 3.6 x .... = ....
856 4 2.4 x .... = ....
857 3 1.6 x .... = ....
858 2 0.8 x .... = ....
859 1 0.5 x .... = ....
860 M 0.2 x .... = ....
861
862 Total
863 TOTAL OFFENSE SCORE...........................................
864 TOTAL PRIOR RECORD SCORE......................................
865
866 LEGAL STATUS..................................................
867 COMMUNITY SANCTION VIOLATION..................................
868 PRIOR SERIOUS FELONY..........................................
869 PRIOR CAPITAL FELONY..........................................
870 FIREARM OR SEMIAUTOMATIC WEAPON...............................
871 SUBTOTAL........
872
873 PRISON RELEASEE REOFFENDER (no)(yes)..........................
874 VIOLENT CAREER CRIMINAL (no)(yes).............................
875 HABITUAL VIOLENT OFFENDER (no)(yes)...........................
876 HABITUAL OFFENDER (no)(yes)...................................
877 DRUG TRAFFICKER (no)(yes) (x multiplier)......................
878 LAW ENF. PROTECT. (no)(yes) (x multiplier)....................
879 MOTOR VEHICLE THEFT (no)(yes) (x multiplier)..................
880 CRIMINAL GANG OFFENSE (no)(yes) (x multiplier)................
881 DOMESTIC VIOLENCE IN THE PRESENCE OF RELATED CHILD (no)(yes)
882 (x multiplier)..................................................
883 ADULT-ON-MINOR SEX OFFENSE (no)(yes) (x multiplier)...........
884 ................................................................
885 TOTAL SENTENCE POINTS........
886
887 (b) WORKSHEET KEY:
888
889 Legal status points are assessed when any form of legal status
890 existed at the time the offender committed an offense before the
891 court for sentencing. Four (4) sentence points are assessed for
892 an offender’s legal status.
893
894 Community sanction violation points are assessed when a
895 community sanction violation is before the court for sentencing.
896 Six (6) sentence points are assessed for each community sanction
897 violation and each successive community sanction violation,
898 unless any of the following apply:
899 1. If the community sanction violation includes a new
900 felony conviction before the sentencing court, twelve (12)
901 community sanction violation points are assessed for the
902 violation, and for each successive community sanction violation
903 involving a new felony conviction.
904 2. If the community sanction violation is committed by a
905 violent felony offender of special concern as defined in s.
906 948.06:
907 a. Twelve (12) community sanction violation points are
908 assessed for the violation and for each successive violation of
909 felony probation or community control where:
910 I. The violation does not include a new felony conviction;
911 and
912 II. The community sanction violation is not based solely on
913 the probationer or offender’s failure to pay costs or fines or
914 make restitution payments.
915 b. Twenty-four (24) community sanction violation points are
916 assessed for the violation and for each successive violation of
917 felony probation or community control where the violation
918 includes a new felony conviction.
919
920 Multiple counts of community sanction violations before the
921 sentencing court shall not be a basis for multiplying the
922 assessment of community sanction violation points.
923
924 Prior serious felony points: If the offender has a primary
925 offense or any additional offense ranked in level 8, level 9, or
926 level 10, and one or more prior serious felonies, a single
927 assessment of thirty (30) points shall be added. For purposes of
928 this section, a prior serious felony is an offense in the
929 offender’s prior record that is ranked in level 8, level 9, or
930 level 10 under s. 921.0022 or s. 921.0023 and for which the
931 offender is serving a sentence of confinement, supervision, or
932 other sanction or for which the offender’s date of release from
933 confinement, supervision, or other sanction, whichever is later,
934 is within 3 years before the date the primary offense or any
935 additional offense was committed.
936
937 Prior capital felony points: If the offender has one or more
938 prior capital felonies in the offender’s criminal record, points
939 shall be added to the subtotal sentence points of the offender
940 equal to twice the number of points the offender receives for
941 the primary offense and any additional offense. A prior capital
942 felony in the offender’s criminal record is a previous capital
943 felony offense for which the offender has entered a plea of nolo
944 contendere or guilty or has been found guilty; or a felony in
945 another jurisdiction which is a capital felony in that
946 jurisdiction, or would be a capital felony if the offense were
947 committed in this state.
948
949 Possession of a firearm, semiautomatic firearm, or machine gun:
950 If the offender is convicted of committing or attempting to
951 commit any felony other than those enumerated in s. 775.087(2)
952 while having in his or her possession: a firearm as defined in
953 s. 790.001(6), an additional eighteen (18) sentence points are
954 assessed; or if the offender is convicted of committing or
955 attempting to commit any felony other than those enumerated in
956 s. 775.087(3) while having in his or her possession a
957 semiautomatic firearm as defined in s. 775.087(3) or a machine
958 gun as defined in s. 790.001(9), an additional twenty-five (25)
959 sentence points are assessed.
960
961 Sentencing multipliers:
962
963 Drug trafficking: If the primary offense is drug trafficking
964 under s. 893.135, the subtotal sentence points are multiplied,
965 at the discretion of the court, for a level 7 or level 8
966 offense, by 1.5. The state attorney may move the sentencing
967 court to reduce or suspend the sentence of a person convicted of
968 a level 7 or level 8 offense, if the offender provides
969 substantial assistance as described in s. 893.135(4).
970
971 Law enforcement protection: If the primary offense is a
972 violation of the Law Enforcement Protection Act under s.
973 775.0823(2), (3), or (4), the subtotal sentence points are
974 multiplied by 2.5. If the primary offense is a violation of s.
975 775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
976 are multiplied by 2.0. If the primary offense is a violation of
977 s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement
978 Protection Act under s. 775.0823(10) or (11), the subtotal
979 sentence points are multiplied by 1.5.
980
981 Grand theft of a motor vehicle: If the primary offense is grand
982 theft of the third degree involving a motor vehicle and in the
983 offender’s prior record, there are three or more grand thefts of
984 the third degree involving a motor vehicle, the subtotal
985 sentence points are multiplied by 1.5.
986
987 Offense related to a criminal gang: If the offender is convicted
988 of the primary offense and committed that offense for the
989 purpose of benefiting, promoting, or furthering the interests of
990 a criminal gang as defined in s. 874.03, the subtotal sentence
991 points are multiplied by 1.5. If applying the multiplier results
992 in the lowest permissible sentence exceeding the statutory
993 maximum sentence for the primary offense under chapter 775, the
994 court may not apply the multiplier and must sentence the
995 defendant to the statutory maximum sentence.
996
997 Domestic violence in the presence of a child: If the offender is
998 convicted of the primary offense and the primary offense is a
999 crime of domestic violence, as defined in s. 741.28, which was
1000 committed in the presence of a child under 16 years of age who
1001 is a family or household member as defined in s. 741.28(3) with
1002 the victim or perpetrator, the subtotal sentence points are
1003 multiplied by 1.5.
1004
1005 Adult-on-minor sex offense: If the offender was 18 years of age
1006 or older and the victim was younger than 18 years of age at the
1007 time the offender committed the primary offense, and if the
1008 primary offense was an offense committed on or after October 1,
1009 2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the
1010 violation involved a victim who was a minor and, in the course
1011 of committing that violation, the defendant committed a sexual
1012 battery under chapter 794 or a lewd act under s. 800.04 or s.
1013 847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s.
1014 787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s.
1015 800.04; or s. 847.0135(5), the subtotal sentence points are
1016 multiplied by 2.0. If applying the multiplier results in the
1017 lowest permissible sentence exceeding the statutory maximum
1018 sentence for the primary offense under chapter 775, the court
1019 may not apply the multiplier and must sentence the defendant to
1020 the statutory maximum sentence.
1021 (2) The lowest permissible sentence is the minimum sentence
1022 that may be imposed by the trial court, absent a valid reason
1023 for departure. The lowest permissible sentence is any nonstate
1024 prison sanction in which the total sentence points equals or is
1025 less than 44 points, unless the court determines within its
1026 discretion that a prison sentence, which may be up to the
1027 statutory maximums for the offenses committed, is appropriate.
1028 When the total sentence points exceeds 44 points, the lowest
1029 permissible sentence in prison months shall be calculated by
1030 subtracting 28 points from the total sentence points and
1031 decreasing the remaining total by 25 percent. The total sentence
1032 points shall be calculated only as a means of determining the
1033 lowest permissible sentence. The permissible range for
1034 sentencing shall be the lowest permissible sentence up to and
1035 including the statutory maximum, as defined in s. 775.082, for
1036 the primary offense and any additional offenses before the court
1037 for sentencing. The sentencing court may impose such sentences
1038 concurrently or consecutively. However, any sentence to state
1039 prison must exceed 1 year. If the lowest permissible sentence
1040 under the code exceeds the statutory maximum sentence as
1041 provided in s. 775.082, the sentence required by the code must
1042 be imposed. If the total sentence points are greater than or
1043 equal to 363, the court may sentence the offender to life
1044 imprisonment. An offender sentenced to life imprisonment under
1045 this section is not eligible for any form of discretionary early
1046 release, except executive clemency or conditional medical
1047 release under s. 947.149.
1048 (3) A single digitized scoresheet shall be prepared for
1049 each defendant to determine the permissible range for the
1050 sentence that the court may impose, except that if the defendant
1051 is before the court for sentencing for more than one felony and
1052 the felonies were committed under more than one version or
1053 revision of the guidelines or the code, separate digitized
1054 scoresheets must be prepared. The scoresheet or scoresheets must
1055 cover all the defendant’s offenses pending before the court for
1056 sentencing. The state attorney shall prepare the digitized
1057 scoresheet or scoresheets, which must be presented to the
1058 defense counsel for review for accuracy in all cases unless the
1059 judge directs otherwise. The defendant’s scoresheet or
1060 scoresheets must be approved and signed by the sentencing judge.
1061 (4) The Department of Corrections, in consultation with the
1062 Office of the State Courts Administrator, state attorneys, and
1063 public defenders, must develop and submit the revised digitized
1064 Criminal Public Safety Punishment Code scoresheet to the Supreme
1065 Court for approval by June 15 of each year, as necessary. The
1066 digitized scoresheet shall have individual, structured data
1067 cells for each data field on the scoresheet. Upon the Supreme
1068 Court’s approval of the revised digitized scoresheet, the
1069 Department of Corrections shall produce and provide the revised
1070 digitized scoresheets by September 30 of each year, as
1071 necessary. Digitized scoresheets must include individual data
1072 cells to indicate whether any prison sentence imposed includes a
1073 mandatory minimum sentence or the sentence imposed was a
1074 downward departure from the lowest permissible sentence under
1075 the Criminal Public Safety Punishment Code.
1076 (5) The Department of Corrections shall make available the
1077 digitized Criminal Public Safety Punishment Code scoresheets to
1078 those persons charged with the responsibility for preparing
1079 scoresheets.
1080 (6) The clerk of the circuit court shall transmit a
1081 complete and accurate digitized copy of the Criminal Public
1082 Safety Punishment Code scoresheet used in each sentencing
1083 proceeding to the Department of Corrections. Scoresheets must be
1084 electronically transmitted no less frequently than monthly, by
1085 the first of each month, and may be sent collectively.
1086 (7) A digitized sentencing scoresheet must be prepared for
1087 every defendant who is sentenced for a felony offense. The
1088 individual offender’s digitized Criminal Public Safety
1089 Punishment Code scoresheet and any attachments thereto prepared
1090 pursuant to Rule 3.701, Rule 3.702, or Rule 3.703, Florida Rules
1091 of Criminal Procedure, or any other rule pertaining to the
1092 preparation and submission of felony sentencing scoresheets,
1093 must be included with the uniform judgment and sentence form
1094 provided to the Department of Corrections.
1095 Section 10. Section 921.0025, Florida Statutes, is amended
1096 to read:
1097 921.0025 Adoption and implementation of revised sentencing
1098 scoresheets.—Rules 3.701, 3.702, 3.703, and 3.988, Florida Rules
1099 of Criminal Procedure, as revised by the Supreme Court, and any
1100 other rule pertaining to the preparation and submission of
1101 felony sentencing scoresheets, are adopted and implemented in
1102 accordance with this chapter for application to the Criminal
1103 Public Safety Punishment Code.
1104 Section 11. Paragraph (m) of subsection (2) of section
1105 921.0026, Florida Statutes, is amended to read:
1106 921.0026 Mitigating circumstances.—This section applies to
1107 any felony offense, except any capital felony, committed on or
1108 after October 1, 1998.
1109 (2) Mitigating circumstances under which a departure from
1110 the lowest permissible sentence is reasonably justified include,
1111 but are not limited to:
1112 (m) The defendant’s offense is a nonviolent felony, the
1113 defendant’s Criminal Public Safety Punishment Code scoresheet
1114 total sentence points under s. 921.0024 are 60 points or fewer,
1115 and the court determines that the defendant is amenable to the
1116 services of a postadjudicatory treatment-based drug court
1117 program and is otherwise qualified to participate in the program
1118 as part of the sentence. For purposes of this paragraph, the
1119 term “nonviolent felony” has the same meaning as provided in s.
1120 948.08(6).
1121 Section 12. Section 921.0027, Florida Statutes, is amended
1122 to read:
1123 921.0027 Criminal Public Safety Punishment Code and
1124 revisions; applicability.—The Florida Criminal Public Safety
1125 Punishment Code applies to all felonies, except capital
1126 felonies, committed on or after October 1, 1998. Any revision to
1127 the Criminal Public Safety Punishment Code applies to sentencing
1128 for all felonies, except capital felonies, committed on or after
1129 the effective date of the revision. Felonies, except capital
1130 felonies, with continuing dates of enterprise shall be sentenced
1131 under the Criminal Public Safety Punishment Code in effect on
1132 the beginning date of the criminal activity.
1133 Section 13. Subsection (1) of section 924.06, Florida
1134 Statutes, is amended to read:
1135 924.06 Appeal by defendant.—
1136 (1) A defendant may appeal from:
1137 (a) A final judgment of conviction when probation has not
1138 been granted under chapter 948, except as provided in subsection
1139 (3);
1140 (b) An order granting probation under chapter 948;
1141 (c) An order revoking probation under chapter 948;
1142 (d) A sentence, on the ground that it is illegal; or
1143 (e) A sentence imposed under s. 921.0024 of the Criminal
1144 Public Safety Punishment Code which exceeds the statutory
1145 maximum penalty provided in s. 775.082 for an offense at
1146 conviction, or the consecutive statutory maximums for offenses
1147 at conviction, unless otherwise provided by law.
1148 Section 14. Paragraph (i) of subsection (1) of section
1149 924.07, Florida Statutes, is amended to read:
1150 924.07 Appeal by state.—
1151 (1) The state may appeal from:
1152 (i) A sentence imposed below the lowest permissible
1153 sentence established by the Criminal Public Safety Punishment
1154 Code under chapter 921.
1155 Section 15. Paragraph (c) of subsection (3) and paragraph
1156 (e) of subsection (5) of section 944.17, Florida Statutes, are
1157 amended to read:
1158 944.17 Commitments and classification; transfers.—
1159 (3)
1160 (c)1. When the highest ranking offense for which the
1161 prisoner is convicted is a felony, the trial court shall
1162 sentence the prisoner pursuant to the Criminal Public Safety
1163 Punishment Code in chapter 921.
1164 2. When the highest ranking offense for which the prisoner
1165 is convicted is a misdemeanor, the trial court shall sentence
1166 the prisoner pursuant to s. 775.082(4).
1167 (5) The department shall also refuse to accept a person
1168 into the state correctional system unless the following
1169 documents are presented in a completed form by the sheriff or
1170 chief correctional officer, or a designated representative, to
1171 the officer in charge of the reception process. The department
1172 may, at its discretion, receive such documents electronically:
1173 (e) A copy of the Criminal Public Safety Punishment Code
1174 scoresheet and any attachments thereto prepared pursuant to Rule
1175 3.701, Rule 3.702, or Rule 3.703, Florida Rules of Criminal
1176 Procedure, or any other rule pertaining to the preparation of
1177 felony sentencing scoresheets.
1178
1179 In addition, the sheriff or other officer having such person in
1180 charge shall also deliver with the foregoing documents any
1181 available presentence investigation reports as described in s.
1182 921.231 and any attached documents. After a prisoner is admitted
1183 into the state correctional system, the department may request
1184 such additional records relating to the prisoner as it considers
1185 necessary from the clerk of the court, the Department of
1186 Children and Families, or any other state or county agency for
1187 the purpose of determining the prisoner’s proper custody
1188 classification, gain-time eligibility, or eligibility for early
1189 release programs. An agency that receives such a request from
1190 the department must provide the information requested. The
1191 department may, at its discretion, receive such information
1192 electronically.
1193 Section 16. Paragraph (a) of subsection (7) of section
1194 948.01, Florida Statutes, is amended to read:
1195 948.01 When court may place defendant on probation or into
1196 community control.—
1197 (7)(a) Notwithstanding s. 921.0024 and effective for
1198 offenses committed on or after July 1, 2009, the sentencing
1199 court may place the defendant into a postadjudicatory treatment
1200 based drug court program if the defendant’s Criminal Public
1201 Safety Punishment Code scoresheet total sentence points under s.
1202 921.0024 are 60 points or fewer, the offense is a nonviolent
1203 felony, the defendant is amenable to substance abuse treatment,
1204 and the defendant otherwise qualifies under s. 397.334(3). The
1205 satisfactory completion of the program shall be a condition of
1206 the defendant’s probation or community control. As used in this
1207 subsection, the term “nonviolent felony” means a third degree
1208 felony violation under chapter 810 or any other felony offense
1209 that is not a forcible felony as defined in s. 776.08.
1210 Section 17. Section 948.015, Florida Statutes, is amended
1211 to read:
1212 948.015 Presentence investigation reports.—The circuit
1213 court, when the defendant in a criminal case has been found
1214 guilty or has entered a plea of nolo contendere or guilty and
1215 has a lowest permissible sentence under the Criminal Public
1216 Safety Punishment Code of any nonstate prison sanction, may
1217 refer the case to the department for investigation or
1218 recommendation. Upon such referral, the department shall make
1219 the following report in writing at a time specified by the court
1220 prior to sentencing. The full report shall include:
1221 (1) A complete description of the situation surrounding the
1222 criminal activity with which the offender has been charged,
1223 including a synopsis of the trial transcript, if one has been
1224 made; nature of the plea agreement, including the number of
1225 counts waived, the pleas agreed upon, the sentence agreed upon,
1226 and any additional terms of agreement; and, at the offender’s
1227 discretion, his or her version and explanation of the criminal
1228 activity.
1229 (2) The offender’s sentencing status, including whether the
1230 offender is a first offender, a habitual or violent offender, a
1231 youthful offender, or is currently on probation.
1232 (3) The offender’s prior record of arrests and convictions.
1233 (4) The offender’s educational background.
1234 (5) The offender’s employment background, including any
1235 military record, present employment status, and occupational
1236 capabilities.
1237 (6) The offender’s financial status, including total
1238 monthly income and estimated total debts.
1239 (7) The social history of the offender, including his or
1240 her family relationships, marital status, interests, and
1241 activities.
1242 (8) The residence history of the offender.
1243 (9) The offender’s medical history and, as appropriate, a
1244 psychological or psychiatric evaluation.
1245 (10) Information about the environments to which the
1246 offender might return or to which the offender could be sent
1247 should a sentence of nonincarceration or community supervision
1248 be imposed by the court, and consideration of the offender’s
1249 plan concerning employment supervision and treatment.
1250 (11) Information about any resources available to assist
1251 the offender, such as:
1252 (a) Treatment centers.
1253 (b) Residential facilities.
1254 (c) Career training programs.
1255 (d) Special education programs.
1256 (e) Services that may preclude or supplement commitment to
1257 the department.
1258 (12) The views of the person preparing the report as to the
1259 offender’s motivations and ambitions and an assessment of the
1260 offender’s explanations for his or her criminal activity.
1261 (13) An explanation of the offender’s criminal record, if
1262 any, including his or her version and explanation of any
1263 previous offenses.
1264 (14) A statement regarding the extent of any victim’s loss
1265 or injury.
1266 (15) A recommendation as to disposition by the court. The
1267 department shall make a written determination as to the reasons
1268 for its recommendation, and shall include an evaluation of the
1269 following factors:
1270 (a) The appropriateness or inappropriateness of community
1271 facilities, programs, or services for treatment or supervision
1272 for the offender.
1273 (b) The ability or inability of the department to provide
1274 an adequate level of supervision for the offender in the
1275 community and a statement of what constitutes an adequate level
1276 of supervision.
1277 (c) The existence of other treatment modalities which the
1278 offender could use but which do not exist at present in the
1279 community.
1280 Section 18. Paragraph (j) of subsection (2) of section
1281 948.06, Florida Statutes, is amended to read:
1282 948.06 Violation of probation or community control;
1283 revocation; modification; continuance; failure to pay
1284 restitution or cost of supervision.—
1285 (2)
1286 (j)1. Notwithstanding s. 921.0024 and effective for
1287 offenses committed on or after July 1, 2009, the court may order
1288 the defendant to successfully complete a postadjudicatory
1289 treatment-based drug court program if:
1290 a. The court finds or the offender admits that the offender
1291 has violated his or her community control or probation;
1292 b. The offender’s Criminal Public Safety Punishment Code
1293 scoresheet total sentence points under s. 921.0024 are 60 points
1294 or fewer after including points for the violation;
1295 c. The underlying offense is a nonviolent felony. As used
1296 in this subsection, the term “nonviolent felony” means a third
1297 degree felony violation under chapter 810 or any other felony
1298 offense that is not a forcible felony as defined in s. 776.08;
1299 d. The court determines that the offender is amenable to
1300 the services of a postadjudicatory treatment-based drug court
1301 program;
1302 e. The court has explained the purpose of the program to
1303 the offender and the offender has agreed to participate; and
1304 f. The offender is otherwise qualified to participate in
1305 the program under the provisions of s. 397.334(3).
1306 2. After the court orders the modification of community
1307 control or probation, the original sentencing court shall
1308 relinquish jurisdiction of the offender’s case to the
1309 postadjudicatory treatment-based drug court program until the
1310 offender is no longer active in the program, the case is
1311 returned to the sentencing court due to the offender’s
1312 termination from the program for failure to comply with the
1313 terms thereof, or the offender’s sentence is completed.
1314 Section 19. Subsection (1) of section 948.20, Florida
1315 Statutes, is amended to read:
1316 948.20 Drug offender probation.—
1317 (1) If it appears to the court upon a hearing that the
1318 defendant is a chronic substance abuser whose criminal conduct
1319 is a violation of s. 893.13(2)(a) or (6)(a), or other nonviolent
1320 felony if such nonviolent felony is committed on or after July
1321 1, 2009, and notwithstanding s. 921.0024 the defendant’s
1322 Criminal Public Safety Punishment Code scoresheet total sentence
1323 points are 60 points or fewer, the court may either adjudge the
1324 defendant guilty or stay and withhold the adjudication of guilt.
1325 In either case, the court may also stay and withhold the
1326 imposition of sentence and place the defendant on drug offender
1327 probation or into a postadjudicatory treatment-based drug court
1328 program if the defendant otherwise qualifies. As used in this
1329 section, the term “nonviolent felony” means a third degree
1330 felony violation under chapter 810 or any other felony offense
1331 that is not a forcible felony as defined in s. 776.08.
1332 Section 20. Paragraph (c) of subsection (2) of section
1333 948.51, Florida Statutes, is amended to read:
1334 948.51 Community corrections assistance to counties or
1335 county consortiums.—
1336 (2) ELIGIBILITY OF COUNTIES AND COUNTY CONSORTIUMS.—A
1337 county, or a consortium of two or more counties, may contract
1338 with the Department of Corrections for community corrections
1339 funds as provided in this section. In order to enter into a
1340 community corrections partnership contract, a county or county
1341 consortium must have a public safety coordinating council
1342 established under s. 951.26 and must designate a county officer
1343 or agency to be responsible for administering community
1344 corrections funds received from the state. The public safety
1345 coordinating council shall prepare, develop, and implement a
1346 comprehensive public safety plan for the county, or the
1347 geographic area represented by the county consortium, and shall
1348 submit an annual report to the Department of Corrections
1349 concerning the status of the program. In preparing the
1350 comprehensive public safety plan, the public safety coordinating
1351 council shall cooperate with the juvenile justice circuit
1352 advisory board established under s. 985.664 in order to include
1353 programs and services for juveniles in the plan. To be eligible
1354 for community corrections funds under the contract, the initial
1355 public safety plan must be approved by the governing board of
1356 the county, or the governing board of each county within the
1357 consortium, and the Secretary of Corrections based on the
1358 requirements of this section. If one or more other counties
1359 develop a unified public safety plan, the public safety
1360 coordinating council shall submit a single application to the
1361 department for funding. Continued contract funding shall be
1362 pursuant to subsection (5). The plan for a county or county
1363 consortium must cover at least a 5-year period and must include:
1364 (c) Specific goals and objectives for reducing the
1365 projected percentage of commitments to the state prison system
1366 of persons with low total sentencing scores pursuant to the
1367 Criminal Public Safety Punishment Code.
1368 Section 21. Subsection (3) of section 958.04, Florida
1369 Statutes, is amended to read:
1370 958.04 Judicial disposition of youthful offenders.—
1371 (3) The provisions of this section shall not be used to
1372 impose a greater sentence than the permissible sentence range as
1373 established by the Criminal Public Safety Punishment Code
1374 pursuant to chapter 921 unless reasons are explained in writing
1375 by the trial court judge which reasonably justify departure. A
1376 sentence imposed outside of the code is subject to appeal
1377 pursuant to s. 924.06 or s. 924.07.
1378 Section 22. Subsection (4) of section 985.465, Florida
1379 Statutes, is amended to read:
1380 985.465 Juvenile correctional facilities or juvenile
1381 prison.—A juvenile correctional facility or juvenile prison is a
1382 physically secure residential commitment program with a
1383 designated length of stay from 18 months to 36 months, primarily
1384 serving children 13 years of age to 19 years of age or until the
1385 jurisdiction of the court expires. Each child committed to this
1386 level must meet one of the following criteria:
1387 (4) The child is at least 13 years of age at the time of
1388 the disposition for the current offense, the child is eligible
1389 for prosecution as an adult for the current offense, and the
1390 current offense is ranked at level 7 or higher on the Criminal
1391 Public Safety Punishment Code offense severity ranking chart
1392 pursuant to s. 921.0022.
1393 Section 23. Section 921.002, Florida Statutes, is amended
1394 to read:
1395 921.002 The Criminal Public Safety Punishment Code.—The
1396 Criminal Public Safety Punishment Code shall apply to all felony
1397 offenses, except capital felonies, committed on or after October
1398 1, 1998.
1399 (1) The provision of criminal penalties and of limitations
1400 upon the application of such penalties is a matter of
1401 predominantly substantive law and, as such, is a matter properly
1402 addressed by the Legislature. The Legislature, in the exercise
1403 of its authority and responsibility to establish sentencing
1404 criteria, to provide for the imposition of criminal penalties,
1405 and to make the best use of state prisons so that violent
1406 criminal offenders are appropriately incarcerated, has
1407 determined that it is in the best interest of the state to
1408 develop, implement, and revise a sentencing policy. The Criminal
1409 Public Safety Punishment Code embodies the principles that:
1410 (a) Sentencing is neutral with respect to race, gender, and
1411 social and economic status.
1412 (b) The primary purpose of sentencing is to punish the
1413 offender. Rehabilitation is a desired goal of the criminal
1414 justice system but is subordinate to the goal of public safety
1415 punishment.
1416 (c) The penalty imposed is commensurate with the severity
1417 of the primary offense and the circumstances surrounding the
1418 primary offense.
1419 (d) The severity of the sentence increases with the length
1420 and nature of the offender’s prior record.
1421 (e) The sentence imposed by the sentencing judge reflects
1422 the length of actual time to be served, shortened only by the
1423 application of incentive and meritorious gain-time as provided
1424 by law, and may not be shortened if the defendant would
1425 consequently serve less than 85 percent of his or her term of
1426 imprisonment as provided in s. 944.275(4). The provisions of
1427 chapter 947, relating to parole, shall not apply to persons
1428 sentenced under the Criminal Public Safety Punishment Code.
1429 (f) Departures below the lowest permissible sentence
1430 established by the code must be articulated in writing by the
1431 trial court judge and made only when circumstances or factors
1432 reasonably justify the mitigation of the sentence. The level of
1433 proof necessary to establish facts that support a departure from
1434 the lowest permissible sentence is a preponderance of the
1435 evidence.
1436 (g) The trial court judge may impose a sentence up to and
1437 including the statutory maximum for any offense, including an
1438 offense that is before the court due to a violation of probation
1439 or community control.
1440 (h) A sentence may be appealed on the basis that it departs
1441 from the Criminal Public Safety Punishment Code only if the
1442 sentence is below the lowest permissible sentence or as
1443 enumerated in s. 924.06(1).
1444 (i) Use of incarcerative sanctions is prioritized toward
1445 offenders convicted of serious offenses and certain offenders
1446 who have long prior records, in order to maximize the finite
1447 capacities of state and local correctional facilities.
1448 (2) When a defendant is before the court for sentencing for
1449 more than one felony and the felonies were committed under more
1450 than one version or revision of the former sentencing guidelines
1451 or the code, each felony shall be sentenced under the guidelines
1452 or the code in effect at the time the particular felony was
1453 committed. This subsection does not apply to sentencing for any
1454 capital felony.
1455 (3) A court may impose a departure below the lowest
1456 permissible sentence based upon circumstances or factors that
1457 reasonably justify the mitigation of the sentence in accordance
1458 with s. 921.0026. The level of proof necessary to establish
1459 facts supporting the mitigation of a sentence is a preponderance
1460 of the evidence. When multiple reasons exist to support the
1461 mitigation, the mitigation shall be upheld when at least one
1462 circumstance or factor justifies the mitigation regardless of
1463 the presence of other circumstances or factors found not to
1464 justify mitigation. Any sentence imposed below the lowest
1465 permissible sentence must be explained in writing by the trial
1466 court judge.
1467 (4)(a) The Department of Corrections shall report on trends
1468 in sentencing practices and sentencing score thresholds and
1469 provide an analysis on the sentencing factors considered by the
1470 courts and shall submit this information to the Legislature by
1471 October 1 of each year.
1472 (b) The Criminal Justice Estimating Conference, with the
1473 assistance of the Department of Corrections, shall estimate the
1474 impact of any proposed change to the Criminal Public Safety
1475 Punishment Code on future rates of incarceration and on the
1476 prison population. The Criminal Justice Estimating Conference
1477 shall base its projections on historical data concerning
1478 sentencing practices which have been accumulated by the
1479 Department of Corrections and other relevant data from other
1480 state agencies and records of the Department of Corrections
1481 which disclose the average time served for offenses covered by
1482 any proposed changes to the Criminal Public Safety Punishment
1483 Code.
1484 (c) In order to produce projects that are either required
1485 by law or requested by the Legislature to assist the Legislature
1486 in making modifications to the Criminal Public Safety Punishment
1487 Code, the Department of Corrections is authorized to collect and
1488 evaluate Criminal Public Safety Punishment Code scoresheets from
1489 each of the judicial circuits after sentencing. Beginning in
1490 1999, by October 1 of each year, the Department of Corrections
1491 shall provide an annual report to the Legislature that shows the
1492 rate of compliance of each judicial circuit in providing
1493 scoresheets to the department.
1494 Section 24. Subsection (2) of section 893.20, Florida
1495 Statutes, is amended to read:
1496 893.20 Continuing criminal enterprise.—
1497 (2) A person who commits the offense of engaging in a
1498 continuing criminal enterprise commits is guilty of a life
1499 felony, punishable pursuant to the Criminal Public Safety
1500 Punishment Code and by a fine of $500,000.
1501 Section 25. This act shall take effect July 1, 2022.