Florida Sentencing Guidelines: How Criminal Sentences Are Determined

Overview of the Florida Criminal Punishment Code

Florida’s felony sentencing is governed by the Criminal Punishment Code, established in Florida Statute Chapter 921. The Code replaced the previous sentencing guidelines system in 1998 and applies to felony offenses committed on or after October 1, 1998. The Code uses a scoresheet to calculate a recommended minimum sentence for each felony case.

The scoresheet assigns points based on the severity of the primary offense, any additional offenses at sentencing, prior criminal record, victim injury, and other factors. The total score determines whether the recommended sentence is a non-state prison sanction (below the threshold) or a state prison sentence (at or above the threshold).

How offense levels are assigned

Each felony offense in Florida is assigned a level from one to ten under Florida Statute 921.0022. Level one offenses are the least severe. Level ten offenses, which include first-degree murder and capital sexual battery, are the most severe. The level of the offense determines the number of points it contributes to the scoresheet.

The primary offense at sentencing, meaning the most serious charge, receives a higher point value than additional offenses. Additional charges at the same sentencing are scored separately and added to the total. Prior felony and misdemeanor convictions also contribute points based on the level of the prior offense.

The sentencing threshold and state prison sentences

Under Florida Statute 921.0024, a total scoresheet score of 44 or more points requires a state prison sentence unless the court makes written findings justifying a downward departure. A score below 44 permits the court to impose a non-prison sanction such as probation, community control, or a county jail sentence.

The minimum recommended state prison sentence is calculated by subtracting 28 from the total scoresheet points and multiplying the result by 0.75. The result is expressed in months. The court may impose a sentence up to the statutory maximum for the offense but may not impose a sentence below the calculated minimum without a valid basis for downward departure.

Downward departure from the guidelines

Florida Statute 921.0026 lists specific grounds on which a court may impose a sentence below the calculated minimum. These include findings that the defendant was an accomplice rather than a principal, that the capacity of the defendant to appreciate the criminal nature of the conduct was substantially impaired, or that cooperation with the State Attorney resulted in the identification or conviction of others.

A downward departure must be supported by written findings. The State may appeal a downward departure sentence if the departure is not supported by competent evidence or does not qualify under one of the statutory grounds.

Frequently asked questions

Does Florida have mandatory sentencing guidelines?

Florida uses the Criminal Punishment Code under Florida Statute Chapter 921, which calculates a recommended minimum sentence using a scoresheet. A score of 44 or more points generally requires a state prison sentence unless the court finds grounds for downward departure.

What factors affect a criminal sentence in Florida?

The scoresheet considers the level of the primary offense, additional offenses at sentencing, the defendant’s prior criminal record, victim injury, and other specified factors. Each factor contributes points that determine the recommended minimum sentence.

Can a judge go below the minimum recommended sentence in Florida?

Yes, but only if the court finds a valid ground for downward departure under Florida Statute 921.0026. The departure must be supported by written findings and competent evidence. The State may appeal an unsupported departure.

If you have been charged with a criminal offense, you have the right to an attorney. Contact the Law Office of Dorothy Naumann at 772-WIN-CASE to speak with a criminal defense lawyer.