1921.0024
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
| Level |
Sentence Points |
|
Total |
|
| 10 |
116 |
= |
_____ |
| 9 |
92 |
= |
_____ |
| 8 |
74 |
= |
_____ |
| 7 |
56 |
= |
_____ |
| 6 |
36 |
= |
_____ |
| 5 |
28 |
= |
_____ |
| 4 |
22 |
= |
_____ |
| 3 |
16 |
= |
_____ |
| 2 |
10 |
= |
_____ |
| 1 |
4 |
= |
_____ |
|
|
|
|
Total
|
Additional Offenses
| Level |
Sentence Points |
|
Counts |
|
Total |
|
| 10 |
58 |
x |
_____ |
= |
_____ |
| 9 |
46 |
x |
_____ |
= |
_____ |
| 8 |
37 |
x |
_____ |
= |
_____ |
| 7 |
28 |
x |
_____ |
= |
_____ |
| 6 |
18 |
x |
_____ |
= |
_____ |
| 5 |
5.4 |
x |
_____ |
= |
_____ |
| 4 |
3.6 |
x |
_____ |
= |
_____ |
| 3 |
2.4 |
x |
_____ |
= |
_____ |
| 2 |
1.2 |
x |
_____ |
= |
_____ |
| 1 |
0.7 |
x |
_____ |
= |
_____ |
| M |
0.2 |
x |
_____ |
= |
_____ |
|
|
|
|
|
|
Total
|
Victim Injury
| Level |
Sentence Points |
|
Number |
|
Total |
|
| 2nd degree
murder-
death |
240 |
x |
_____ |
= |
_____ |
| Death |
120 |
x |
_____ |
= |
_____ |
| Severe |
40 |
x |
_____ |
= |
_____ |
| Sexual
penetration |
80 |
x |
_____ |
= |
_____ |
| Moderate |
18 |
x |
_____ |
= |
_____ |
| Sexual
contact |
40 |
x |
_____ |
= |
_____ |
| Slight |
4 |
x |
_____ |
= |
_____ |
|
|
|
|
|
|
Total
|
Primary Offense + Additional Offenses + Victim Injury =
TOTAL OFFENSE SCORE
PRIOR RECORD SCORE
Prior Record
| Level |
Sentence Points |
|
Number |
|
Total |
|
| 10 |
29 |
x |
_____ |
= |
_____ |
| 9 |
23 |
x |
_____ |
= |
_____ |
| 8 |
19 |
x |
_____ |
= |
_____ |
| 7 |
14 |
x |
_____ |
= |
_____ |
| 6 |
9 |
x |
_____ |
= |
_____ |
| 5 |
3.6 |
x |
_____ |
= |
_____ |
| 4 |
2.4 |
x |
_____ |
= |
_____ |
| 3 |
1.6 |
x |
_____ |
= |
_____ |
| 2 |
0.8 |
x |
_____ |
= |
_____ |
| 1 |
0.5 |
x |
_____ |
= |
_____ |
| M |
0.2 |
x |
_____ |
= |
_____ |
|
|
|
|
|
|
Total
|
TOTAL OFFENSE SCORE
TOTAL PRIOR RECORD SCORE
LEGAL STATUS
COMMUNITY SANCTION VIOLATION
PRIOR SERIOUS FELONY
PRIOR CAPITAL FELONY
FIREARM OR SEMIAUTOMATIC WEAPON
SUBTOTAL _____ _____
VIOLENT CAREER CRIMINAL (no)(yes)
VIOLENT HABITUAL 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 STREET GANG MEMBER (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; however, if
the community sanction violation includes a new felony conviction before the sentencing court,
twelve (12) community sanction violation points are assessed for such violation, and for each
successive community sanction violation involving 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 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, 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 is
a capital felony offense for which the offender 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 possession: a firearm as defined in s. 790.001(6), an additional 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 possession a
semiautomatic firearm as defined in s. 775.087(3) or a machine gun as defined in s. 790.001(9),
an additional 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), the subtotal sentence points are multiplied by
2.5. If the primary offense is a violation of s. 775.0823(3), (4), (5), (6), (7), or (8), 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(9) or (10), 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.
Criminal street gang member: If the offender is convicted of the primary offense and is
found to have been a member of a criminal street gang at the time of the commission of the
primary offense pursuant to s. 874.04, the subtotal sentence points are multiplied by 1.5.
(2) The lowest permissible sentence in prison months that may be imposed by the
court, absent a valid reason to depart, shall be calculated by subtracting 28 points from the total
sentence points and decreasing the remaining total by 25 percent. If the lowest permissible
sentence in prison months is less than or equal to 12, a nonstate prison sanction may be imposed.
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.
(3) A single scoresheet shall be prepared for each defendant, 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
scoresheets must be prepared. The scoresheet or scoresheets must cover all the defendant's
offenses pending before the court for sentencing. Either the office of the state attorney or the
Department of Corrections, or both where appropriate, shall prepare the 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 clerks of the circuit courts for the individual counties shall distribute
sufficient copies of the Criminal Punishment Code scoresheets to those persons charged with the
responsibility for preparing scoresheets, either the office of the state attorney or the Department
of Corrections, or both where appropriate.
(5) The clerk of the circuit court shall transmit a complete, accurate, and legible copy
of the Criminal Punishment Code scoresheet used in each guidelines sentencing proceeding to
the Department of Corrections. Scoresheets must be transmitted no less frequently than monthly,
by the first of each month, and may be sent collectively.
(6) A copy of the individual offender's Criminal Punishment Code scoresheet and any
attachments thereto prepared pursuant to Rule 3.701, Florida Rules of Criminal Procedure, must
be attached to the copy of the uniform judgment and sentence form provided to the Department
of Corrections.
History.--s. 7, ch. 97-194.
1Note.--
A. Effective October 1, 1998.
B. Section 2, ch. 97-194, provides that "[t]he Florida Criminal Punishment Code,
consisting of sections 921.002-921.0026, Florida Statutes, is established effective October 1,
1998, and applies to any felony committed on or after that date."
