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F.S. 921.0023 on Google Scholar

F.S. 921.0023 on Casetext

Amendments to 921.0023


The 2022 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 921
SENTENCE
View Entire Chapter
F.S. 921.0023 Florida Statutes and Case Law
921.0023 Criminal Punishment Code; ranking unlisted felony offenses.A felony offense committed on or after October 1, 1998, that is not listed in s. 921.0022 is ranked with respect to offense severity level by the Legislature, commensurate with the harm or potential harm that is caused by the offense to the community. Until the Legislature specifically assigns an offense to a severity level in the offense severity ranking chart, the severity level is within the following parameters:
(1) A felony of the third degree within offense level 1.
(2) A felony of the second degree within offense level 4.
(3) A felony of the first degree within offense level 7.
(4) A felony of the first degree punishable by life within offense level 9.
(5) A life felony within offense level 10.
History.s. 6, ch. 97-194; s. 5, ch. 98-204.

Statutes updated from Official Statutes on: August 29, 2022
F.S. 921.0023 on Google Scholar

F.S. 921.0023 on Casetext

Amendments to 921.0023


Arrestable Offenses / Crimes under Fla. Stat. 921.0023
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 921.0023.


Civil Citations / Citable Offenses under S921.0023
R or S next to points is Mandatory Revocation or Suspension

Current data shows no reason a civil citation or a suspension or revocation of license should have been issued under Florida Statute 921.0023.


Annotations, Discussions, Cases:

  1. Trusty v. State

    210 So. 3d 758 (Fla. Dist. Ct. App. 2017)   Cited 2 times
    The State also conceded error with regard to Trusty's claim that the criminal punishment scoresheet incorrectly classified his tampering with a witness conviction as a level nine offense, arguing that it should have been classified as a level four offense. This concession was incorrect because witness tampering is a level four offense only when the relevant investigation or proceeding is a third-degree felony. See § 914.22, Fla. Stat. (2014) (classifying witness tampering offenses based on the affected investigation or proceeding); § 21.0022, Fla. Stat. (2014) (providing that the statutory references and offense degree designations in the offense severity ranking chart are controlling, and ranking the third-degree felony of tampering with a witness as a level four offense). Here, because Trusty's tampering conviction relates to a proceeding or investigation for a higher degree offense—second-degree murder—it is classified in accordance with section 921.0023, Florida Statutes. See §§ 914.22, 921.0022, 921.0023, Fla. Stat. (2014).
    PAGE 760
  2. Mays v. State

    No. 4D10-4255 (Fla. Dist. Ct. App. May. 23, 2012)
    Mays' scoresheet reflects fourteen points for a prior offense of burglary of a dwelling. Within his sworn motion Mays alleges that the dwelling was unoccupied, and therefore it is a level four offense permitting the scoring of only 2.4 points. See § 921.0023, Fla. Stat. (2006).
  3. An offense does not become unlisted and subject to the provisions of section 921.0023 because of a reclassification of the degree of felony pursuant to section 775.0845, section 775.087, section 775.0875 or section 794.023, Florida Statutes, or any other law that provides an enhanced penalty for a felony offense.
    PAGE 266
  4. Gammage v. State

    210 So. 3d 97 (Fla. Dist. Ct. App. 2016)
    Patrick Gammage filed a motion to enforce mandate, claiming that the trial court did not comply with the directions in this court's opinion in Gammage v. State, 181 So.3d 1256 (Fla. 2d DCA 2015). He contends that the trial court did not enter judgments for and resentence him on the lesser included offenses of attempted tampering with jurors as first-degree misdemeanors as required by this court's opinion. We deny the motion to enforce mandate because this court remanded for entry of judgments for the lesser included offenses of attempted tampering and for resentencing and the trial court complied with our mandate. We clarify that the offense of attempted tampering with jurors is a third-degree felony. See § 777.04(4)(d), Fla. Stat. (2013) (providing that "if the offense attempted ... is a ... [f]elony of the third degree ranked in level 3, 4, 5, 6, 7, 8, 9, or 10 under s. 921.0022 or s. 921.0023, the offense of criminal attempt ... is a felony of the third degree"); § 921.0022(3)(d), Fla. Stat. (2013) (ranking the third-degree felony of tampering with jurors under section 918.12, Florida Statutes, as a level 4 offense).
    PAGE 98
  5. Mays v. State

    89 So. 3d 1009 (Fla. Dist. Ct. App. 2012)   Cited 2 times
    Mays' scoresheet reflects fourteen points for a prior offense of burglary of a dwelling. Within his sworn motion Mays alleges that the dwelling was unoccupied, and therefore it is a level four offense permitting the scoring of only 2.4 points. See§ 921.0023, Fla. Stat. (2006).
  6. Johnson v. State

    263 So. 3d 74 (Fla. Dist. Ct. App. 2019)
    Kidnapping is a first degree felony, punishable up to life and is ranked as a level nine offense. §§ 787.01(2); 921.0022(3)(i), Fla. Stat. (2018). Section 775.087(1), Fla. Stat. (2018), provides for reclassification of felonies when a weapon or firearm is involved. The statute provides that: "[f]or purposes of sentencing under chapter 921 ..., a felony offense which is reclassified under this section is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the felony offense committed." § 775.087(1).
    PAGE 77
  7. (2) Felony offenses not listed in section 921.0022 are assigned a severity level in accordance with section 921.0023, Florida Statutes, as follows:
  8. Amend. to Crim. Procedure 3.704

    810 So. 2d 826 (Fla. 2001)   Cited 2 times
    (2) Felony offenses not listed in section 921.0022 are assigned a severity level in accordance with 921.0023, Florida Statutes, as follows:
    PAGE 827
  9. Lewis v. State

    952 So. 2d 1271 (Fla. Dist. Ct. App. 2007)   Cited 3 times
    For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, a felony offense which is reclassified under this section is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the felony offense committed.
    PAGE 1272