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F.S. 921.0024 on Google Scholar

F.S. 921.0024 on Casetext

Amendments to 921.0024


The 2022 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 921
SENTENCE
View Entire Chapter
F.S. 921.0024 Florida Statutes and Case Law
921.0024 Criminal Punishment Code; worksheet computations; scoresheets.
(1)(a) The Criminal Punishment Code worksheet is used to compute the subtotal and total sentence points as follows:

FLORIDA CRIMINAL PUNISHMENT CODE
WORKSHEET

OFFENSE SCORE

Primary Offense
LevelSentence Points Total
10116=  
992=  
874=  
756=  
636=  
528=  
422=  
316=  
210=  
14=  
    
Total   
Additional Offenses
LevelSentence Points Counts Total
1058x = 
946x = 
837x = 
728x = 
618x = 
55.4x = 
43.6x = 
32.4x = 
21.2x = 
10.7x = 
M0.2x = 
      
Total   
Victim Injury
LevelSentence Points Number Total
2nd degree
murder-
death
240x = 
Death120x = 
Severe40x = 
Moderate18x = 
Slight4x = 
Sexual
 penetration
80x = 
Sexual
 contact
40x = 
      
Total   

Primary Offense + Additional Offenses + Victim Injury =

TOTAL OFFENSE SCORE

PRIOR RECORD SCORE

Prior Record
LevelSentence Points Number Total
1029x = 
923x = 
819x = 
714x = 
69x = 
53.6x = 
42.4x = 
31.6x = 
20.8x = 
10.5x = 
M0.2x = 
      
Total   

  TOTAL OFFENSE SCORE 

  TOTAL PRIOR RECORD SCORE 

  LEGAL STATUS 

  COMMUNITY SANCTION VIOLATION 

  PRIOR SERIOUS FELONY 

  PRIOR CAPITAL FELONY 

  FIREARM OR SEMIAUTOMATIC WEAPON 

     SUBTOTAL  

  PRISON RELEASEE REOFFENDER (no)(yes) 

  VIOLENT CAREER CRIMINAL (no)(yes) 

  HABITUAL VIOLENT OFFENDER (no)(yes) 

  HABITUAL OFFENDER (no)(yes) 

  DRUG TRAFFICKER (no)(yes) (x multiplier) 

  LAW ENF. PROTECT. (no)(yes) (x multiplier) 

  MOTOR VEHICLE THEFT (no)(yes) (x multiplier) 

  CRIMINAL GANG OFFENSE (no)(yes) (x multiplier) 

  DOMESTIC VIOLENCE IN THE PRESENCE OF RELATED CHILD (no)(yes) (x multiplier) 

  ADULT-ON-MINOR SEX OFFENSE (no)(yes) (x multiplier) 

 

     TOTAL SENTENCE POINTS  

(b) WORKSHEET KEY:

Legal status points are assessed when any form of legal status existed at the time the offender committed an offense before the court for sentencing. Four (4) sentence points are assessed for an offender’s legal status.

Community sanction violation points are assessed when a community sanction violation is before the court for sentencing. Six (6) sentence points are assessed for each community sanction violation and each successive community sanction violation, unless any of the following apply:

1. If the community sanction violation includes a new felony conviction before the sentencing court, twelve (12) community sanction violation points are assessed for the violation, and for each successive community sanction violation involving a new felony conviction.

2. If the community sanction violation is committed by a violent felony offender of special concern as defined in s. 948.06:

a. Twelve (12) community sanction violation points are assessed for the violation and for each successive violation of felony probation or community control where:

I. The violation does not include a new felony conviction; and

II. The community sanction violation is not based solely on the probationer or offender’s failure to pay costs or fines or make restitution payments.

b. Twenty-four (24) community sanction violation points are assessed for the violation and for each successive violation of felony probation or community control where the violation includes a new felony conviction.

Multiple counts of community sanction violations before the sentencing court shall not be a basis for multiplying the assessment of community sanction violation points.

Prior serious felony points: If the offender has a primary offense or any additional offense ranked in level 8, level 9, or level 10, and one or more prior serious felonies, a single assessment of thirty (30) points shall be added. For purposes of this section, a prior serious felony is an offense in the offender’s prior record that is ranked in level 8, level 9, or level 10 under s. 921.0022 or s. 921.0023 and for which the offender is serving a sentence of confinement, supervision, or other sanction or for which the offender’s date of release from confinement, supervision, or other sanction, whichever is later, is within 3 years before the date the primary offense or any additional offense was committed.

Prior capital felony points: If the offender has one or more prior capital felonies in the offender’s criminal record, points shall be added to the subtotal sentence points of the offender equal to twice the number of points the offender receives for the primary offense and any additional offense. A prior capital felony in the offender’s criminal record is a previous capital felony offense for which the offender has entered a plea of nolo contendere or guilty or has been found guilty; or a felony in another jurisdiction which is a capital felony in that jurisdiction, or would be a capital felony if the offense were committed in this state.

Possession of a firearm, semiautomatic firearm, or machine gun: If the offender is convicted of committing or attempting to commit any felony other than those enumerated in s. 775.087(2) while having in his or her possession: a firearm as defined in s. 790.001(6), an additional eighteen (18) sentence points are assessed; or if the offender is convicted of committing or attempting to commit any felony other than those enumerated in s. 775.087(3) while having in his or her possession a semiautomatic firearm as defined in s. 775.087(3) or a machine gun as defined in s. 790.001(9), an additional twenty-five (25) sentence points are assessed.

Sentencing multipliers:

Drug trafficking: If the primary offense is drug trafficking under s. 893.135, the subtotal sentence points are multiplied, at the discretion of the court, for a level 7 or level 8 offense, by 1.5. The state attorney may move the sentencing court to reduce or suspend the sentence of a person convicted of a level 7 or level 8 offense, if the offender provides substantial assistance as described in s. 893.135(4).

Law enforcement protection: If the primary offense is a violation of the Law Enforcement Protection Act under s. 775.0823(2), (3), or (4), the subtotal sentence points are multiplied by 2.5. If the primary offense is a violation of s. 775.0823(5), (6), (7), (8), or (9), the subtotal sentence points are multiplied by 2.0. If the primary offense is a violation of s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement Protection Act under s. 775.0823(10) or (11), the subtotal sentence points are multiplied by 1.5.

Grand theft of a motor vehicle: If the primary offense is grand theft of the third degree involving a motor vehicle and in the offender’s prior record, there are three or more grand thefts of the third degree involving a motor vehicle, the subtotal sentence points are multiplied by 1.5.

Offense related to a criminal gang: If the offender is convicted of the primary offense and committed that offense for the purpose of benefiting, promoting, or furthering the interests of a criminal gang as defined in s. 874.03, the subtotal sentence points are multiplied by 1.5. If applying the multiplier results in the lowest permissible sentence exceeding the statutory maximum sentence for the primary offense under chapter 775, the court may not apply the multiplier and must sentence the defendant to the statutory maximum sentence.

Domestic violence in the presence of a child: If the offender is convicted of the primary offense and the primary offense is a crime of domestic violence, as defined in s. 741.28, which was committed in the presence of a child under 16 years of age who is a family or household member as defined in s. 741.28(3) with the victim or perpetrator, the subtotal sentence points are multiplied by 1.5.

Adult-on-minor sex offense: If the offender was 18 years of age or older and the victim was younger than 18 years of age at the time the offender committed the primary offense, and if the primary offense was an offense committed on or after October 1, 2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the violation involved a victim who was a minor and, in the course of committing that violation, the defendant committed a sexual battery under chapter 794 or a lewd act under s. 800.04 or s. 847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s. 787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s. 800.04; or s. 847.0135(5), the subtotal sentence points are multiplied by 2.0. If applying the multiplier results in the lowest permissible sentence exceeding the statutory maximum sentence for the primary offense under chapter 775, the court may not apply the multiplier and must sentence the defendant to the statutory maximum sentence.

(2) The lowest permissible sentence is the minimum sentence that may be imposed by the trial court, absent a valid reason for departure. The lowest permissible sentence is any nonstate prison sanction in which the total sentence points equals or is less than 44 points, unless the court determines within its discretion that a prison sentence, which may be up to the statutory maximums for the offenses committed, is appropriate. When the total sentence points exceeds 44 points, the lowest permissible sentence in prison months shall be calculated by subtracting 28 points from the total sentence points and decreasing the remaining total by 25 percent. The total sentence points shall be calculated only as a means of determining the lowest permissible sentence. The permissible range for sentencing shall be the lowest permissible sentence up to and including the statutory maximum, as defined in s. 775.082, for the primary offense and any additional offenses before the court for sentencing. The sentencing court may impose such sentences concurrently or consecutively. However, any sentence to state prison must exceed 1 year. If the lowest permissible sentence under the code exceeds the statutory maximum sentence as provided in s. 775.082, the sentence required by the code must be imposed. If the total sentence points are greater than or equal to 363, the court may sentence the offender to life imprisonment. An offender sentenced to life imprisonment under this section is not eligible for any form of discretionary early release, except executive clemency or conditional medical release under s. 947.149.
(3) A single digitized scoresheet shall be prepared for each defendant to determine the permissible range for the sentence that the court may impose, except that if the defendant is before the court for sentencing for more than one felony and the felonies were committed under more than one version or revision of the guidelines or the code, separate digitized scoresheets must be prepared. The scoresheet or scoresheets must cover all the defendant’s offenses pending before the court for sentencing. The state attorney shall prepare the digitized scoresheet or scoresheets, which must be presented to the defense counsel for review for accuracy in all cases unless the judge directs otherwise. The defendant’s scoresheet or scoresheets must be approved and signed by the sentencing judge.
(4) The Department of Corrections, in consultation with the Office of the State Courts Administrator, state attorneys, and public defenders, must develop and submit the revised digitized Criminal Punishment Code scoresheet to the Supreme Court for approval by June 15 of each year, as necessary. The digitized scoresheet shall have individual, structured data cells for each data field on the scoresheet. Upon the Supreme Court’s approval of the revised digitized scoresheet, the Department of Corrections shall produce and provide the revised digitized scoresheets by September 30 of each year, as necessary. Digitized scoresheets must include individual data cells to indicate whether any prison sentence imposed includes a mandatory minimum sentence or the sentence imposed was a downward departure from the lowest permissible sentence under the Criminal Punishment Code.
(5) The Department of Corrections shall make available the digitized Criminal Punishment Code scoresheets to those persons charged with the responsibility for preparing scoresheets.
(6) The clerk of the circuit court shall transmit a complete and accurate digitized copy of the Criminal Punishment Code scoresheet used in each sentencing proceeding to the Department of Corrections. Scoresheets must be electronically transmitted no less frequently than monthly, by the first of each month, and may be sent collectively.
(7) A digitized sentencing scoresheet must be prepared for every defendant who is sentenced for a felony offense. The individual offender’s digitized Criminal Punishment Code scoresheet and any attachments thereto prepared pursuant to Rule 3.701, Rule 3.702, or Rule 3.703, Florida Rules of Criminal Procedure, or any other rule pertaining to the preparation and submission of felony sentencing scoresheets, must be included with the uniform judgment and sentence form provided to the Department of Corrections.
History.s. 7, ch. 97-194; s. 6, ch. 98-204; s. 111, ch. 99-3; s. 57, ch. 99-7; s. 3, ch. 99-12; s. 10, ch. 99-188; s. 56, ch. 99-193; s. 25, ch. 2000-320; s. 2, ch. 2001-126; s. 4, ch. 2001-183; s. 1, ch. 2002-212; s. 163, ch. 2004-5; s. 18, ch. 2005-128; s. 5, ch. 2007-2; s. 2, ch. 2007-212; s. 26, ch. 2008-238; s. 6, ch. 2013-80; s. 9, ch. 2014-4; s. 5, ch. 2016-7; s. 5, ch. 2018-127.

Statutes updated from Official Statutes on: August 29, 2022
F.S. 921.0024 on Google Scholar

F.S. 921.0024 on Casetext

Amendments to 921.0024


Arrestable Offenses / Crimes under Fla. Stat. 921.0024
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 921.0024.


Civil Citations / Citable Offenses under S921.0024
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 921.0024.


Annotations, Discussions, Cases:

  1. Dennard v. State

    157 So. 3d 1055 (Fla. Dist. Ct. App. 2014)   Cited 7 times
    Section 921.0024(2) provides:
    PAGE 1057
  2. Colon v. State

    199 So. 3d 960 (Fla. Dist. Ct. App. 2016)   Cited 4 times
    Section 921.0024(2), Florida Statutes (1999), requires that a sentencing scoresheet be prepared to arrive at a “lowest permissible sentence,” below which the trial court may not sentence absent the
    PAGE 962
  3. Almendares v. State

    916 So. 2d 29 (Fla. Dist. Ct. App. 2005)   Cited 34 times
    This exception is not applicable to the present case as Almendares was not sentenced pursuant to a sentencing enhancement statute. See Rodriguez v. State, 883 So.2d 908, 910 n. 3 (Fla. 2d DCA 2004) (". . . there is nothing in the Criminal Punishment Code that prohibits the imposition of consecutive standard sentences, even when the sentences arise from offenses committed in a single criminal episode. See § 921.0024(2), Fla. Stat. (2001)").
    PAGE 30
  4. McCloud v. State

    741 So. 2d 512 (Fla. Dist. Ct. App. 1999)   Cited 11 times
    In this case, we do not have the statutory ambiguities that troubled the high court in Jones and Almendarez-Torres. It is plain that the scoring of victim injury points under Section 921.0024, Florida Statutes (1997) is a "sentencing factor", not an element of the offense. Indeed, the only reason "sexual penetration" appears in the category of "victim injury" is because of the Supreme Court of Florida's decision in Karchesky v. State, 591 So.2d 930 (Fla. 1992), that sexual penetration did not qualify as a "victim injury." By undoing Karchesky through legislation, the legislature has simply created an additional victim injury point category. Penetration as a sentencing factor plainly does not need to be charged, nor must it be decided by a jury, nor must it be decided beyond a reasonable doubt. See McMillan v. Pennsylvania, 477 U.S. 79 (1986). The dissent's underlying view that due process requires the issue of penetration to be decided by a jury is answered by Jones, Almendarez-Torres and McMillan.
    PAGE 514
  5. State v. Gabriel

    314 So. 3d 1243 (Fla. 2021)   Cited 20 times
    In Butler v. State , 838 So. 2d 554, 555 (Fla. 2003), the defendant was sentenced to 75.6 months in prison, the LPS, on his possession of cocaine conviction and filed a postconviction motion "alleging that his sentence of 75.6 months exceeded the statutory maximum of five years for the third-degree felony of cocaine possession." The district court affirmed the trial court's denial of the defendant's postconviction motion and agreed that the sentence was legal but questioned a potential statutory conflict between section 921.002(1)(g), Florida Statutes (Supp. 1998) (providing that a court may sentence an offender up to the statutory maximum for any offense) and section 921.0024( 2), Florida Statutes (Supp. 1998) (providing that a court must impose the LPS where it exceeds the statutory maximum sentence). Id. We concluded that the defendant's sentence was legal and that sections 921.002(1)(g) and 921.0024( 2) were not in conflict and could be harmonized. Id. at 555-56. Specifically, we explained that section 921.002(1)(g) applied to general sentencing, while section 921.0024( 2) is an exception to the general sentencing provisions. Id. at 556. In doing…
    PAGE 1249
  6. Hall v. State

    823 So. 2d 757 (Fla. 2002)   Cited 149 times
    Section 921.0024(2), Florida Statutes (Supp. 1998), gives the trial court authority to sentence consecutively or concurrently under the Code.
    PAGE 762
  7. Champagne v. State

    269 So. 3d 629 (Fla. Dist. Ct. App. 2019)   Cited 15 times
    Given the statutory language and Moore and Butler, we know that the LPS is a minimum sentence; that it must be imposed where it exceeds the statutory maximum sentence, absent a basis for departure; that the maximum sentence for each offense is the statutory maximum for the individual offense; and that where it exceeds the statutory maximum sentence, the LPS becomes the maximum sentence which may be imposed. What has not been analyzed, except in two concurrences and one dissent, is how to interpret and apply the language of section 921.0024( 2) where there are multiple convictions at sentencing. See Colon v. State, 199 So.3d 960, 964 (Fla. 4th DCA 2016) (Warner, J., concurring specially); Dennard v. State, 157 So.3d 1055, 1056-57 (Fla. 4th DCA 2014) (Conner, J., concurring specially); Id. at 1057-61 (Warner, J., dissenting). And although it has been stated that section 921.0024( 2) "is unclear on how a sentence should be imposed in cases where there are multiple offenses for sentencing and the sentencing points result in a[n] [LPS] above the statutory maximum," we disagree. See Dennard, 157 So.3d at 1056-57 (Conner, J., concurring specially) (discussing two…
    PAGE 636
  8. Millien v. State

    336 So. 3d 354 (Fla. Dist. Ct. App. 2022)
    Accordingly, because the limiting language's concluding words do not reference chapter 775 when using the phrase "the statutory maximum sentence," it follows that "the statutory maximum sentence" as used in the limiting language's concluding words is literally the maximum sentence which Millien faced under the Florida Criminal Punishment Code, without application of the adult-on-minor multiplier. We also find section 921.0024( 2) ’s language relevant to the interpretation of the adult-on-minor multiplier for a second reason. "It is axiomatic that all parts of a statute must be read together in order to achieve a consistent whole." Forsythe v. Longboat Key Beach Erosion Control Dist. , 604 So. 2d 452, 455 (Fla. 1992). "Where possible, courts must give full effect to all statutory provisions and construe related statutory provisions in harmony with one another." Id. As noted above, section 921.0024( 2) states: "If the lowest permissible sentence under the code exceeds the statutory maximum sentence as provided in s. 775.082, the sentence required by the code must be imposed." § 921.0024( 2), Fla. Stat. (2015). Millien's interpretation of the…
    PAGE 360
  9. Sanders v. State

    35 So. 3d 864 (Fla. 2010)   Cited 32 times
    Section 921.0024(1)(b) directs that where a defendant is being sentenced as a result of violating probation, "[c]ommunity sanction violation points" are to be assessed. Each community sanction violation not involving a new felony offense requires the addition of six sentence points to the defendant's scoresheet. Each community sanction violation involving a new felony offense requires the addition of twelve sentence points. As a result of these community sanction violation points, the scoresheet prepared for a sentencing upon revocation of probation necessarily will differ from the scoresheet prepared for the original sentencing. Recalculation is not only permitted but required by section 921.0024.
    PAGE 869