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Florida Criminal Punishment Code Guide

This document provides instructions for completing criminal punishment scoresheets in Florida. It outlines the general requirements, such as who is responsible for completing the scoresheet and ensuring its accuracy. It also provides detailed instructions for scoring each item on the scoresheet and determining the lowest permissible sentence. Various appendices are included with additional reference materials like the scoresheet form and offense severity ranking chart.

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J Robine
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Topics covered

  • Quality Control Procedures,
  • Victim Injury,
  • Judicial Review Process,
  • Community Sanction Violations,
  • Criminal Justice Estimating Co…,
  • Judicial Procedures,
  • Criminal Justice Reform,
  • Criminal Punishment Code,
  • Criminal Justice Data,
  • Legal Framework
0% found this document useful (0 votes)
114 views61 pages

Florida Criminal Punishment Code Guide

This document provides instructions for completing criminal punishment scoresheets in Florida. It outlines the general requirements, such as who is responsible for completing the scoresheet and ensuring its accuracy. It also provides detailed instructions for scoring each item on the scoresheet and determining the lowest permissible sentence. Various appendices are included with additional reference materials like the scoresheet form and offense severity ranking chart.

Uploaded by

J Robine
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Topics covered

  • Quality Control Procedures,
  • Victim Injury,
  • Judicial Review Process,
  • Community Sanction Violations,
  • Criminal Justice Estimating Co…,
  • Judicial Procedures,
  • Criminal Justice Reform,
  • Criminal Punishment Code,
  • Criminal Justice Data,
  • Legal Framework

FLORIDA CRIMINAL PUNISHMENT CODE

Scoresheet Preparation Manual

Prepared by
The Florida Department of Corrections
and
The Office of the State Courts Administrator

Effective 07/01/2019
The Supreme Court of Florida

Chief Justice Charles T. Canady


Justice Jorge Labarga
Justice Barbara Lagoa
Justice C. Alan Lawson
Justice Robert J. Luck
Justice Carlos G. Muniz
Justice Ricky Polston

For further information, please contact:

Gregory D. Roberts
Florida Department of Corrections
(850) 717-3485

Bart Schneider
Office of the State Courts Administrator
(850) 413-7321

1
Contents
Introduction 4
General Requirements 5

Scope 5
Responsibility for Completing the Scoresheet 5
The Digitized Scoresheet 6
Quality Control Procedures 6

Completing the Scoresheet 7


Date of Sentence 7
Scoresheet Preparer 7
County 7
Sentencing Judge 7
Name 7
Date of Birth 7
DC Number 7
Race 7
Gender 7
Primary Offense Date 7
Primary Docket Number 7
Plea or Trial 8
Primary Offense 8
Prior Capital Felony Points/Primary Offense 8
Additional Offenses 8-9
Prior Capital Felony Points/Additional Offense 9
Attempts, Conspiracies, Solicitations and Reclassification 9
Victim Injury 9-10
Prior Record 10-11
Legal Status Violations 11
Violating the Conditions of a Community Sanction 11
Prior Serious Felony Point Assessment 12
Possession of a Firearm, Semiautomatic Weapon or Machine Gun 12
Subtotal Sentence Points 12
Sentencing Enhancements 12-13
Total Sentence Points 13
Determining the Lowest Permissible Sentence 13-14
Mandatory Minimum Sentences 14
Split Sentences 14
Revocations of Community Supervision 14
Departures/Lowest Permissible Sentence 14-15

2
Appendix A 16
Rule 3.704 Florida Rules of Criminal Procedure

Appendix B 23
Scoresheet Form Rule 3.992
Florida Rules of Criminal Procedure

Appendix C 28
Offense Severity Ranking Chart

Appendix D 56
Non-Exclusive Factors to Support Departure

Appendix E 57
Table of Frequently Charged Felony Offenses
with Severity Rankings

3
Introduction
manual is one part of an effort to provide
This manual was prepared to assist in the instructions and assistance which will yield
completion of criminal code scoresheets under the valuable and reliable sentencing information.
1998 Florida Criminal Punishment Code. A
criminal code scoresheet is required for all felonies The format of this manual conforms to the
subject to the Criminal Punishment Code. The scoresheet form. Instructions for scoring each
1998 Florida Criminal Punishment Code applies to specific item are listed in the section entitled
sentencing for all felonies, except capital felonies, “Completing the Scoresheet”. An example of the
committed on or after October 1, 1998. scoresheet form and supplemental page is provided
in Appendix B. Appendix A contains Rule 3.704
The legislature has directed the Department of and the most recent Supreme Court’s amendments
Corrections to collect and evaluate data on to Florida Rules of Criminal Procedure 3.704 and
sentencing practices from each of the twenty 3.992. Appendix C contains the offense severity
judicial circuits. The scoresheet forms set out in ranking chart located in Section 921.0022 of the
rules 3.990, 3.991 and 3.992, Florida Rules of 2019 Florida Statutes. Appendix D contains the
Criminal Procedure, are the primary source of statutorily approved circumstances to support
data for the Department of Corrections. This data departure sentences in mitigation. Appendix E is a
will be utilized to produce a compliance report on listing by statute number of the most frequently
scoresheet submissions and an annual report due to charged felonies. The severity ranking is listed in
the legislature in October of each year on trends in addition to the felony degree, description of the
sentencing practices. The data will also be used to felony and the Department of Corrections offense
assist the Criminal Justice Estimating Conference code.
to estimate the impact of any proposed changes to
the Criminal Punishment Code on correctional Previous Sentencing Guidelines Manuals should be
resources. These functions necessitate consistent, retained and consulted for sentencing under the
unambiguous definitions and uniform accurate guidelines in existence prior to the Florida
scoring procedures. It is also necessary that the Criminal Punishment Code, which became
Department of Corrections receive complete and effective on October 1, 1998.
accurate scoresheets for all felonies to which the
1994 and 1995 Sentencing Guidelines and the
Florida Criminal Punishment Code apply. This

4
General Requirements
Scope

• The 1998 Florida Criminal Punishment Code applies to sentencing for all felonies, except capital felonies,
committed on or after October 1, 1998.
• The 1995 sentencing guidelines and its revisions were intended to apply to sentencing for all felonies, except
capital felonies, committed on or after October 1, 1995. However, due to the Florida Supreme Court ruling
in Heggs v. State, 759 So. 2d 620 (2000), the 1995 guidelines are effective for offenses committed on or after
May 25, 1997.
• The sentencing guidelines effective January 1, 1994 apply to sentencing for all felonies, except capital
felonies, committed on or after January 1, 1994 and prior to October 1, 1995.
• The sentencing guidelines enacted effective October 1, 1983, apply to all felonies, except capital felonies,
committed on or after October 1, 1983 but prior to January 1, 1994; and to all felonies, except capital
felonies and life felonies, committed prior to October 1, 1983, and for which the sentencing occurs after
such date when the defendant affirmatively elects to be sentenced pursuant to the provisions of the
guidelines enacted effective October 1, 1983.

A defendant may not elect to be sentenced under the 1998 Florida Criminal Punishment Code for a felony
committed prior to October 1, 1998.

A defendant may not elect to be sentenced under the 1995 Sentencing Guidelines for a felony committed prior
to October 1, 1995. Nor may a defendant elect the 1994 guidelines for an offense committed prior to January
1, 1994 or on or after October 1, 1995.

Since crimes committed prior to October 1, 1998 will be sentenced under the sentencing guidelines even if the
sentencing takes place after October 1, 1998, rules 3.701, 3.702, 3.703, 3.988, 3.990 and 3.991 will be retained.

Responsibility for Completing the Scoresheet

A comprehensive criminal code scoresheet shall be prepared for each defendant covering all offenses pending
before the court for sentencing. If there are multiple offenses before the court for sentencing and the felonies
were committed under more than one version of the guidelines, separate scoresheets shall be prepared and
used in sentencing for all offenses applicable to each version of the law. Single felony offenses before the
sentencing court with continuing dates of enterprise are to be sentenced under the guidelines or Criminal
Punishment Code in effect at the beginning date of the criminal activity.

The office of the state attorney will prepare the scoresheet. The scoresheet must be presented to defense
counsel to review for accuracy. The sentencing judge shall review the scoresheet for accuracy and sign it.

Due to ethical considerations, defense attorneys may not be compelled to submit a scoresheet.

5
The Digitized Scoresheet Quality Control Procedures

Beginning October 1, 2018, the Department of Quality control procedures have been implemented
Corrections shall make available the digitized and will continue to be modified as needed to
Criminal Punishment Code scoresheets to those provide valid and reliable sentencing information
persons charged with the responsibility for to aid the Criminal Justice Estimating Conference
preparing scoresheets. The clerk of the circuit and the Department of Corrections with legislative
court shall transmit a complete and accurate mandates.
digitized copy of the Criminal Punishment Code
scoresheet used in each sentencing proceeding to The Department’s primary areas of focus in quality
the Department of Corrections. Scoresheets must control are accounting for all scoresheets and
be electronically transmitted no less frequently correctly entering scoresheets into the
than monthly, by the first of each month, and may Department’s database. The Department monitors
be sent collectively. A digitized sentencing the receipt of scoresheets and prepares a report
scoresheet must be prepared for every defendant each year detailing the compliance rate of each
who is sentenced for a felony offense. The judicial circuit in providing scoresheets to the
individual offender’s digitized Criminal Department. Inquiries regarding scoresheet
Punishment Code scoresheet and any attachments submission compliance should be directed to the
thereto prepared pursuant to Rule 3.701, Rule Department of Corrections, Bureau of Probation
3.702, or Rule 3.703, Florida Rules of Criminal and Parole Field Services (850) 717-3444.
Procedure, or any other rule pertaining to the
preparation and submission of felony sentencing Scoresheet accuracy is an area of concern. This
scoresheets, must be included with the uniform manual (and previous manuals) serve as a resource
judgment and sentence form provided to the document for scoresheet preparers and in
Department of Corrections. conjunction with Florida Statutes contain
sufficient information to complete scoresheets
The Department of Corrections, in consultation under the appropriate sentencing law. If a
with the Office of the State Courts Administrator, scoresheet preparer has a need for legal or
state attorneys, and public defenders, must develop statutory information other than what is provided
and submit the revised digitized Criminal in the manuals, they may contact the Office of the
Punishment Code scoresheet to the Supreme Court State Courts Administrator at (850) 413-7321. If
for approval by June 15 of each year, as necessary. technical or coding information is needed to
The digitized scoresheet shall have individual, complete a scoresheet, contact the Department of
structured data cells for each data field on the Corrections Bureau of Probation and Parole Field
scoresheet. Upon the Supreme Court’s approval of Services at (850) 717-3444.
the revised digitized scoresheet, the Department of
Corrections shall produce and provide the revised Scoresheets missing key information is also an area
digitized scoresheets by September 30 of each year, of concern. All items contained on the scoresheet
as necessary. Digitized scoresheets must include relevant to a particular sentencing event are
individual data cells to indicate whether any prison required to be completed.
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.

6
Completing the Scoresheet
1. Date of Sentence 8. Race

 Record the date the sentence was imposed  Check the appropriate box to note the race of
the offender. Use the following criteria:
2. Scoresheet Preparer (B) Black - a person having origins in any of the
black racial groups of Africa.
 Indicate the first and last name of the state (W) White - a person having origins in any of
attorney who prepared the scoresheet. the original peoples of Europe, North Africa or
the Middle East.
3. County
∗ (Other) - a person having origins in any of the
original peoples of the Far East, southeast Asia,
 Record the name of the county where the
Indian subcontinent, Pacific Islands, or any of
sentence is imposed. In instances of a change of
the original people of the Americas, including
venue, record the county that received the case.
Native Americans or Alaskan natives.
4. Sentencing Judge
9. Gender
 Record the full name of the judge imposing
sentence. • Check the appropriate box to indicate the
gender of the offender.
5. Name
10. Primary Offense Date
 Record the offender’s legal name used at the
time of sentencing. Record the name using the • The date of the “primary offense” pending
following format: last name, first name, middle before the court for sentencing. If the primary
initial. Do not record aliases. offense involves dates of continuing
enterprise, record the date the criminal
6. Date of Birth activity commenced.

 Record the offender’s date of birth. 11. Primary Docket Number

7. DC Number
• The felony court case number of the primary
offense before the court for sentencing. Only
 Record the six digit number assigned by the
one case number can be utilized as only one
Department of Corrections if available.
count of one case before the court for
sentencing shall be classified as the primary
offense.

7
12. Plea or Trial sentencing under any single version of the
guidelines, revision of the guidelines or
• Check whether the adjudication of the punishment code. This is in accordance with
offenses at conviction was obtained by plea or sections 775.082 (8), 921.0021(1), 921.0021(4) and
trial. If convictions were obtained by both 921.0024(3), Florida Statutes.
plea and trial, enter a check mark in the trial
field. 14. Prior Capital Felony Points/Primary Offense

If the offender has one or more prior


13. Primary Offense capital felonies in the offender’s criminal record,
points shall be added to the subtotal sentence
“Primary offense” means the offense at points of the offender equal to twice the number
conviction pending before the court for of points the offender receives for the primary
sentencing for which the total sentence points offense. This is recorded by checking the box in
recommend a sanction that is as severe as, or Section I and multiplying the Section I subtotal
more severe than, the sanction recommended for by 3 (three).
any other offense committed by the offender and
pending before the court at sentencing. Only one A prior capital felony in the offender’s
count of one offense before the court for criminal record is a previous capital felony
sentencing shall be classified as the primary offense for which the offender has entered a plea
offense. All other offenses, including multiple of nolo contendere or guilty or has been found
counts of the same offense scored as the primary guilty, or a felony in another jurisdiction which
offense, are to be listed as additional offenses. is a capital felony in that jurisdiction, or would
The primary may be an offense ranked at a lower be a capital felony if the offense were committed
severity level than other offenses before the court in this state.
for sentencing due to the operation of multipliers
for drug trafficking, grand theft motor vehicle 15. Additional Offenses
(with the requisite prior record) violations of the
Law Enforcement Protection Act, Street Gang “Additional offense” means any offense
and Domestic Violence. The Felony Degree, other than the primary offense for which an
Florida Statute, Description and Offense Level offender is convicted and which is pending before
shall be recorded in the appropriate field of the court for sentencing at the time of the
Section I. The points assigned to the severity level primary offense. The severity level of each
of the offense are entered in the space indicated additional offense must be known in order to
on the scoresheet. score it. Multiple counts of the same offense can
be listed on a single line with the points indicated
An offense before the court as a result of a for that severity level multiplied by the number
finding of violation of a community sanction is of counts. The resulting points are recorded in
the primary offense if the original charge total the fields in the right hand column.
sentence points recommend a sanction that is as Misdemeanors are scored at the level “M”
severe as, or more severe than, the sanction regardless of degree. A supplemental page is
recommended for any other offense committed available for additional offenses if the available
by the offender and pending before the court at lines are not sufficient for all additional offenses.

8
An offense before the court as a result of a scoring. Where the inchoate version of an offense is
finding of violation of a community sanction is an required to be punished as if the offender had
additional offense if the original charge total committed the prohibited act, score it at the same
sentence points do not recommend a sanction level as the completed crime. Conspiracy to commit
that is as severe as, or more severe than, the drug trafficking under section 893.135(5), Florida
sanction recommended for any other offense Statutes, or conspiring to commit bookmaking
committed by the offender and pending before under section 849.25(4), Florida Statutes, or
the court at sentencing under any single version attempting, soliciting or conspiring to kill or
of the guidelines, revision of the guidelines or commit aggravated abuse upon registered horses
punishment code. This is in accordance with or cattle 828.125(2), Florida Statutes, are examples
of legislative intent to punish the inchoate versions
sections 775.082 (8), 921.0021(1), 921.0021(4) and
of an offense the same as the completed offense.
921.0024(3), Florida Statutes.
Unless specifically provided otherwise by statute,
attempts, conspiracies, and solicitations must be
16. Prior Capital Felony Points /
indicated in the space provided on the Criminal
Additional Offense
Punishment Code scoresheet and must be scored at
one severity level below the completed offense.
If the offender has one or more prior capital
felonies in the offender’s criminal record, points
Attempts, solicitations, and conspiracies of
shall be added to the subtotal sentence points of the
third-degree felonies located in offense severity
offender equal to twice the number of points the
levels 1 and 2 must be scored as misdemeanors.
offender receives for the additional offense(s). This
Attempts, solicitations, and conspiracies of third-
is calculated by checking the box in Section II and
degree felonies located in offense severity levels 3,
multiplying the Section II subtotal by 3 (three).
4, 5, 6, 7, 8, 9, and 10 must be scored as felonies one
offense level beneath the incomplete or inchoate
A “prior capital felony” in the offender’s
offense.
criminal record is a previous capital felony offense
for which the offender has entered a plea of nolo
18. Victim Injury
contendere or guilty or has been found guilty; or a
felony in another jurisdiction which is a capital
“Victim injury” is scored for physical injury
felony in that jurisdiction, or would be a capital
or death suffered by a person as a direct result of
felony if the offense were committed in this state.
any offense pending before the court for
sentencing. Except as otherwise provided by law
Prior capital felonies shall not be scored in the
(section 921.0021(7) (c) (d), Florida Statutes) the
prior record section.
sexual penetration and sexual contact points will be
scored as follows. Sexual penetration points (80)
17. Attempts, Conspiracies, Solicitations and
are scored if an offense pending before the court for
Reclassifications
sentencing involves sexual penetration. Sexual
contact points (40) are scored if an offense pending
Criminal attempts, criminal solicitations
before the court for sentencing involves sexual
and criminal conspiracies are generally scored one
contact, but no penetration. If the victim of an
level below the severity level of the completed
offense involving sexual penetration or sexual
offense. Where a criminal attempt, solicitation or
contact without penetration suffers any physical
conspiracy is separately ranked in section
injury as a direct result of an offense pending
921.0022, Florida Statutes, the severity level at
before the court for sentencing, that physical injury
which the inchoate offense is placed is the basis for
9
must be scored separately and in addition to any analogous or parallel Florida crime is located. The
points scored for the sexual contact or sexual elements of an out-of-state offense are to be the sole
penetration. consideration for determining an analogous crime.

Victim injury must be scored for each Convictions for offenses committed more
victim physically injured and for each offense than 10 years before the date of the commission of
resulting in physical injury whether there are one the primary offense must not be scored as prior
or more victims. Multiple assessments of the same record if the offender has not been convicted of any
level of victim injury may be scored by multiplying other crime for a period of 10 consecutive years
the appropriate level of injury by the number of from the most recent date of release from
counts scoreable. However, victim injury must not confinement, supervision, or other sanction,
be scored for an offense for which the offender has whichever is later, to the date of the commission of
not been convicted. the primary offense.

If the offense at conviction is a second Juvenile dispositions of offenses committed


degree murder, 240 points are to be scored for the by the offender within 5 years before the date of the
death. All other deaths are to receive 120 points as commission of the primary offense must be scored
victim injury. as prior record if the offense would have been a
crime if committed by an adult. Juvenile
Victim injury resulting from one or more dispositions of sexual offenses committed by the
capital offenses before the court for sentencing offender more than 5 years before the date of the
must not be included upon any scoresheet prepared primary offense must be scored as prior record if
for non-capital offenses also pending before the the offender has not maintained a conviction-free
court for sentencing. This does not prohibit the record, either as an adult or as a juvenile, for a
scoring of victim injury as a result of the non- period of 5 consecutive years from the most recent
capital offense or offenses before the court for date of release from confinement, supervision, or
sentencing. sanction, whichever is later, to the date of
commission of the primary offense.
19. Prior Record
Entries in criminal histories that show no
“Prior record” refers to any conviction for disposition, disposition unknown, arrest only, or a
an offense committed by the offender prior to the disposition other than conviction must not be
commission of the primary offense. “Conviction” scored. Criminal history records expunged or
means a determination of guilt that is the result of sealed under section 943.058, Florida Statutes, or
a plea or trial, regardless of whether adjudication other provisions of law, including former sections
is withheld. 893.14 and 901.33, Florida Statutes, must be scored
as prior record where the offender whose record
Prior record includes convictions for has been expunged or sealed is before the court for
offenses committed by the offender as an adult or sentencing.
juvenile, convictions by federal, out of state,
military, or foreign courts and convictions for Any uncertainty in the scoring of the
violations of county or municipal ordinances that offender’s prior record must be resolved in favor
incorporate by reference a penalty under state law. of the offender and disagreement as to the
Federal, out of state, military or foreign convictions propriety of scoring specific entries in the prior
are scored at the severity level at which the record must be resolved by the sentencing judge.

10
When unable to determine whether the each successive community sanction violation,
conviction to be scored as prior record is a felony unless any of the following apply:
or a misdemeanor, the conviction must be scored as
a misdemeanor. When the degree of felony is If the community sanction violation
ambiguous or the severity level cannot be includes a new felony conviction before the
determined, the conviction must be scored at sentencing court, twelve (12) community sanction
severity level 1. violation points are assessed for the violation, and
for each successive community sanction violation
20. Legal Status Violations involving a new felony conviction.

“Legal status points” are assessed when an If the community sanction violation is
offender: committed by a violent felony offender of special
concern as defined in s. 948.06:
Escapes from incarceration; flees to avoid
prosecution; fails to appear for a criminal Twelve (12) community sanction violation points
proceeding; violates any condition of a supersedeas are assessed for the violation and for each
bond; is incarcerated; is under any form of a successive violation of felony probation or
pretrial intervention or diversion program; or is community control where the violation does not
under any form of court-imposed or post-prison include a new felony conviction; and the
release community supervision and commits an community sanction violation is not based solely
offense that results in conviction. Legal status on the probationer or offender’s failure to pay
violations receive a score of 4 sentence points and costs or fines or make restitution payments.
are scored when the offense committed while under
legal status is before the court for sentencing. Twenty-four (24) community sanction violation
Points for a legal status violation must only be points are assessed for the violation and for each
assessed once regardless of the existence of more successive violation of felony probation or
than one form of legal status at the time an offense community control where the violation includes a
is committed or the number of offenses committed new a new felony conviction.
while under any form of legal status.
Where there are multiple violations, points
21. Violating the Conditions of a Community may be assessed only for each successive violation
Sanction that follows a continuation of supervision, or
modification or revocation of the community
“Community sanction violation points” sanction before the court for sentencing and are not
occur when the offender is found to have violated to be assessed for violation of several conditions of
one or more conditions of a community sanction. a single community sanction.
Community sanctions include probation,
community control or pretrial intervention or Multiple counts of community sanction violations
diversion. before the sentencing court may not be the basis for
multiplying the assessment of community sanction
Community sanction violation points are violation points.
assessed when a community sanction violation is
before the court for sentencing as a primary or
additional offense. Six (6) sentence points are
assessed for each community sanction violation and

11
22. Prior Serious Felony Points Firearm points may not be assessed where
the possession of the firearm is necessary in order
A single assessment of thirty prior serious for the underlying felony to exist. In other words,
felony points is added if the offender has a if the offense is possession of a firearm by a
primary offense or any additional offense ranked convicted felon or carrying a concealed firearm,
in level 8, 9, or 10 (under sections 921.0022 or the additional points should not be assessed.
921.0023, Florida Statutes) and one or more Also, if the offense is one of those enumerated in
prior serious felonies. A “prior serious felony” is section 775.087 (2) or (3), Florida Statutes,
an offense in the offender’s prior record ranked firearm points may not be assessed.
in level 8, 9, or 10 and for which the offender is
serving a sentence of confinement, supervision or 24. Subtotal Sentence Points
other sanction or for which the offender’s date of
release from confinement, supervision, or other “Subtotal sentence points” are the sum of
sanction, whichever is later, is within 3 years the primary offense points, the total additional
before the date the primary offense or any offense points, the total victim injury points, the
additional offenses were committed. Out of state total prior record points, any legal status points,
convictions wherein the analogous or parallel community sanction points, prior serious felony
Florida offenses are located in offense severity points, prior capital felony points and points for
level 8, 9, or 10 must be considered prior serious possession of a firearm or semiautomatic
felonies. weapon.

23. Possession of a Firearm, Semiautomatic 25. Sentencing Enhancements


Weapon or Machine Gun
If the primary offense is drug trafficking
Possession of a firearm, semiautomatic under section 893.135, Florida Statutes, the
firearm, or a machine gun during the commission subtotal sentence points are multiplied, at the
or attempt to commit a crime will result in discretion of the court, for a level 7 or level 8
additional sentence points. Eighteen sentence offense, by 1.5.
points are assessed if the offender is convicted of
committing or attempting to commit any felony If the primary offense is a violation of the
other than those enumerated in subsection Law Enforcement Protection Act under
775.087(2), Florida Statutes, while having in his subsection 775.0823(2), (3), or (4), Florida
or her possession a firearm as defined in Statutes, the subtotal sentence points are
subsection 790.001(6), Florida Statutes. Twenty- multiplied by 2.5. If the primary offense is a
five sentence points are assessed if the offender is violation of subsection 775.0823(5), (6), (7), (8), or
convicted of committing or attempting to commit (9), Florida Statutes, the subtotal sentence points
any felony other than those enumerated in are multiplied by 2.0. If the primary offense is a
subsection 775.087(3), Florida Statutes, while violation of subsection 784.07(3), Florida Statutes
having in his or her possession a semiautomatic or subsection 775.0875(1), Florida Statutes, or of
firearm as defined in subsection 775.087(3), the Law Enforcement Protection Act under
Florida Statutes, or a machine gun as defined in subsection 775.0823(10) or (11), Florida Statutes,
subsection 790.001(9), Florida Statutes. Only one the subtotal sentence points are multiplied by 1.5.
assessment of either 18 or 25 points can be made.

12
If the primary offense is grand theft of the the multiplier and must sentence the defendant to
third degree involving a motor vehicle and in the the statutory maximum sentence.
offender’s prior record, there are three or more
grand thefts of the third degree involving a motor 26. Total Sentence Points
vehicle, the subtotal sentence points are
multiplied by 1.5. “Total sentence points” are the subtotal
sentence points or the enhanced subtotal sentence
If the offender is convicted of the primary points. Do not add the subtotal sentence points and
offense and committed that offense for the purpose the enhanced subtotal points to arrive at total
of benefiting, promoting, or furthering the interests sentence points.
of a criminal gang as defined in s. 874.03, the
subtotal sentence points are multiplied by 1.5. If The lowest permissible sentence is the
applying the multiplier results in the lowest minimum sentence that may be imposed by the
permissible sentence exceeding the statutory trial court, absent a valid reason for departure. The
maximum sentence for the primary offense under lowest permissible sentence is any nonstate prison
Chapter 775, the court may not apply the sanction in which the total sentence points equals
multiplier and must sentence the defendant to the or is less than 44 points, unless the court determines
statutory maximum sentence. within its discretion that a prison sentence, which
may be up to the statutory maximums for the
If the offender is convicted of the primary offenses committed, is appropriate.
offense and the primary offense is a crime of
domestic violence, as defined in section 741.28, If a defendant is sentenced for an offense
Florida Statutes, which was committed in the committed on or after July 1, 2009, which is a third-
presence of a child under 16 years of age who is a degree felony but not a forcible felony as defined in
family or household member as defined in section s. 776.08, and excluding any third- degree felony
741.28(3), Florida Statutes, with the victim or violation under Chapter 810, and if the total
perpetrator, the subtotal sentence points are sentence points pursuant to s. 921.0024 are 22
multiplied by 1.5. points or fewer, the court must sentence the
offender to a nonstate prison sanction. However, if
If the offender was 18 years of age or older the court makes written findings that a nonstate
and the victim was younger than 18 at the time the prison sanction could present a danger to the
offender committed the primary offense, and if the public, the court may sentence the offender to a
primary offense was an offense committed on or state correctional facility pursuant to section
after October 1, 2014, and is a violation of s. 775.082, Florida Statutes.
787.01(2) or s. 787.02(2), if the violation involved a
victim who was a minor and, in the course of When the total sentence points exceed 44
committing that violation, the defendant points, the lowest permissible sentence in prison
committed a sexual battery under chapter 794 or a months must be calculated by subtracting 28 points
lewd act under s. 800.04 or s. 847.0135(5) against from the total sentence points and decreasing the
the minor; s. 794.011(10); s. 800.04; or s. remaining total by 25 percent. The total sentence
847.0135(5), the subtotal sentence points are points must be calculated only as a means of
multiplied by 2.0. If applying the multiplier results determining the lowest permissible sentence. The
in the lowest permissible sentence exceeding the permissible range for sentencing must be the lowest
statutory maximum sentence for the primary permissible sentence up to and including the
offense under chapter 775, the court may not apply statutory maximum, as defined in section 775.082,

13
Florida Statutes, for the primary offense and any 30. Departures
additional offenses before the court for sentencing.
The sentencing court may impose such sentences Any downward departure from the lowest
concurrently or consecutively. However, any permissible sentence, as calculated according to the
sentence to state prison must exceed 1 year. If the total sentence points pursuant to section 921.0024,
lowest permissible sentence under the Code Florida Statutes, is prohibited unless there are
exceeds the statutory maximum sentence as circumstances or factors that reasonably justify the
provided in section 775.082, Florida Statutes, the downward departure. Circumstances or factors
sentence required by the Code must be imposed. If that can be considered include, but are not limited
the total sentence points are greater than or equal to, those listed in subsection 921.0026(2), Florida
to 363, the court may sentence the offender to life Statutes, and attached in Appendix D.
imprisonment. The sentence imposed must be
entered on the scoresheet.
If a sentencing judge imposes a sentence
27. Mandatory Minimum Sentence that is below the lowest permissible sentence, it is a
departure sentence and must be accompanied by a
For those offenses having a mandatory written statement by the sentencing court
minimum sentence, a scoresheet must be completed delineating the reasons for the departure, filed
and the lowest permissible sentence under the code within 7 days after the date of sentencing. A
calculated. If the lowest permissible sentence is less written transcription of orally stated reasons for
than the mandatory minimum sentence, the departure articulated at the time sentence was
mandatory minimum sentence takes precedence. If imposed is sufficient if it is filed by the court within
the lowest permissible sentence exceeds the 7 days after the date of sentencing. The sentencing
mandatory sentence, the requirements of the judge may also list the written reasons for
Criminal Punishment Code and any mandatory departure in the space provided on the Criminal
minimum penalties will apply. Mandatory Punishment Code scoresheet.
minimum sentences must be recorded on the
scoresheet. The written statement delineating the
reasons for departure must be made a part of the
28. Split Sentence record. The written statement, if it is a separate
document, must accompany the scoresheet
If a split sentence is imposed, the total required to be provided to the Department of
sanction (incarceration and community control or Corrections pursuant to section 921.0024(6),
probation) must not exceed the term provided by Florida Statutes.
general law or the maximum sentence under the
Criminal Punishment Code. The imposition of a sentence below the
lowest permissible sentence is subject to appellate
29. Revocation of Supervision review under Chapter 924, but the extent of the
downward departure is not subject to appellate
Sentences imposed after revocation of review.
probation or community control must be imposed
pursuant to the sentencing law applicable at the If the lowest permissible sentence under the
time of the commission of the original offense. criminal punishment code is a state prison sanction
but the total sentencing points do not exceed 48
points (or 54 points if six of those points are for a

14
violation of probation, community control, or other
community supervision that does not involve a new
crime), the court may sentence the defendant to
probation, community control or community
supervision with mandatory participation in a
prison diversion program, as provided for in s.
921.00241, Florida Statutes, if the defendant meets
the requirements for that program as set forth in
section 921.00241.

If the total sentence points equal 22 or less, the


court must sentence the offender to a nonstate
prison sanction unless it makes written findings
that a nonstate prison sanction could present a
danger to the public.

15
APPENDIX A
Rule 3.704. The Criminal Punishment Code

(a) Use. This rule is to be used in conjunction with the forms located at rule 3.992. This rule implements
the 1998 Criminal Punishment Code, in compliance with chapter 921, Florida Statutes. This rule applies to offenses
committed on or after October 1, 1998, or as otherwise required by law.

(b) Purpose and Construction. The purpose of the 1998 Criminal Punishment Code and the principles
it embodies are set out in subsection 921.002(1), Florida Statutes. Existing case law construing the application of
sentencing guidelines will continue as precedent unless in conflict with the provisions of this rule or the 1998
Criminal Punishment Code.

(c) Offense Severity Ranking.

(1) Felony offenses subject to the 1998 Criminal Punishment Code are listed in a single offense severity
ranking chart located at section 921.0022, Florida Statutes. The offense severity ranking chart employs 10 offense
levels, ranked from least severe to most severe. Each felony offense is assigned to a level according to the severity
of the offense, commensurate with the harm or potential for harm to the community that is caused by the offense,
as determined by statute. The numerical statutory reference in the left column of the chart and the felony degree
designations in the middle column of the chart determine whether felony offenses are specifically listed in the
offense severity ranking chart and the appropriate severity level. The language in the right column is merely
descriptive.

(2) Felony offenses not listed in section 921.0022, Florida Statutes, are assigned a severity level in
accordance with section 921.0023, Florida Statutes, as follows:

(A) A felony of the third degree within offense level 1.

(B) A felony of the second degree within offense level 4.

(C) A felony of the first degree within offense level 7.

(D) A felony of the first degree punishable by life within offense level 9.

(E) A life felony within offense level 10.

An offense does not become unlisted and subject to the provisions of section 921.0023 because of a reclassification
of the degree of felony under section 775.0845, section 775.087, section 775.0875, section 794.023, Florida
Statutes, or any other law that provides an enhanced penalty for a felony offense.

(d) General Rules and Definitions.

16
(1) One or more Criminal Punishment Code scoresheets must be prepared for each offender covering
all offenses pending before the court for sentencing, including offenses for which the offender may qualify as an
habitual felony offender, an habitual violent felony offender, a violent career criminal or a prison releasee
reoffender. The office of the state attorney must prepare the scoresheets and present them to defense counsel for
review for accuracy. If sentences are imposed under section 775.084, or section 775.082(9), Florida Statutes, and
the Criminal Punishment Code, a scoresheet listing only those offenses sentenced under the Criminal Punishment
Code must be filed in addition to any sentencing documents filed under sections 775.084 or section 775.082(9).

(2) One scoresheet must be prepared for all offenses committed under any single version or revision of
the guidelines or Criminal Punishment Code pending before the court for sentencing.

(3) If an offender 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 Criminal Punishment Code, separate
scoresheets must be prepared and used at sentencing. The sentencing court may impose such sentence concurrently
or consecutively.

(4) The sentencing judge must review the scoresheet for accuracy and sign it.

(5) Felonies, except capital felonies, with continuing dates of enterprise are to be sentenced under the
guidelines or Criminal Punishment Code in effect on the beginning date of the criminal activity.

(6) “Conviction” means a determination of guilt that is the result of a plea or trial, regardless of whether
adjudication is withheld.

(7) “Primary offense” means the offense at conviction pending before the court for sentencing for which
the total sentence points recommend a sanction that is as severe as, or more severe than, the sanction recommended
for any other offense committed by the offender and pending before the court at sentencing. Only one count of one
offense before the court for sentencing shall be classified as the primary offense.

(8) “Additional offense” means any offense other than the primary offense for which an offender is
convicted and which is pending before the court for sentencing at the time of the primary offense.

(9) “Victim injury” is scored for physical injury or death suffered by a person as a direct result of any
offense pending before the court for sentencing. Except as otherwise provided by law, the sexual penetration and
sexual contact points will be scored as follows. Sexual penetration points are scored if an offense pending before
the court for sentencing involves sexual penetration. Sexual contact points are scored if an offense pending before
the court for sentencing involves sexual contact, but no penetration. If the victim of an offense involving sexual
penetration or sexual contact without penetration suffers any physical injury as a direct result of an offense pending
before the court for sentencing, that physical injury must be scored in addition to any points scored for the sexual
contact or sexual penetration.

Victim injury must be scored for each victim physically injured and for each offense resulting in physical
injury whether there are one or more victims. However, victim injury must not be scored for an offense for which
the offender has not been convicted.

17
Victim injury resulting from one or more capital offenses before the court for sentencing must not be
included upon any scoresheet prepared for non-capital offenses also pending before the court for sentencing. This
does not prohibit the scoring of victim injury as a result of the non-capital offense or offenses before the court for
sentencing.

(10) Unless specifically provided otherwise by statute, attempts, conspiracies, and solicitations must be
indicated in the space provided on the Criminal Punishment Code scoresheet and must be scored at one severity
level below the completed offense.

Attempts, solicitations, and conspiracies of third-degree felonies located in offense severity levels 1 and 2
must be scored as misdemeanors. Attempts, solicitations, and conspiracies of third-degree felonies located in
offense severity levels 3, 4, 5, 6, 7, 8, 9, and 10 must be scored as felonies one offense level beneath the incomplete
or inchoate offense.

(11) An increase in offense severity level may result from a reclassification of felony degrees under
sections 775.0845, 775.087, 775.0875, or 794.023. Any such increase must be indicated in the space provided on
the Criminal Punishment Code scoresheet.

(12) A single assessment of thirty prior serious felony points is added if the offender has a primary
offense or any additional offense ranked in level 8, 9, or 10 and one or more prior serious felonies. A “prior serious
felony” is an offense in the offender’s prior record ranked in level 8, 9, or 10 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 offenses were committed. Out of state convictions wherein the analogous or parallel Florida
offenses are located in offense severity level 8, 9, or 10 must be considered prior serious felonies.

(13) If the offender has one or more prior capital felonies, points must 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. Out-of-state convictions wherein the analogous or parallel Florida offenses are capital offenses
must be considered capital offenses for purposes of operation of this section.

(14) “Prior record” refers to any conviction for an offense committed by the offender prior to the
commission of the primary offense. Prior record includes convictions for offenses committed by the offender as
an adult or as a juvenile, convictions by federal, out of state, military, or foreign courts and convictions for
violations of county or municipal ordinances that incorporate by reference a penalty under state law. Federal, out
of state, military or foreign convictions are scored at the severity level at which the analogous or parallel Florida
crime is located.

(A) Convictions for offenses committed more than 10 years before the date of the commission of the
primary offense must not be scored as prior record if the offender has not been convicted of any other crime
for a period of 10 consecutive years from the most recent date of release from confinement, supervision, or
other sanction, whichever is later, to the date of the commission of the primary offense.

18
(B) Juvenile dispositions of offenses committed by the offender within 5 years before the date of the
commission of the primary offense must be scored as prior record if the offense would have been a crime
if committed by an adult. Juvenile dispositions of sexual offenses committed by the offender more than 5
years before the date of the primary offense must be scored as prior record if the offender has not maintained
a conviction-free record, either as an adult or as a juvenile, for a period of 5 consecutive years from the
most recent date of release from confinement, supervision, or sanction, whichever is later, to the date of
commission of the primary offense.

(C) Entries in criminal histories that show no disposition, disposition unknown, arrest only, or a
disposition other than conviction must not be scored. Criminal history records expunged or sealed under
section 943.058, Florida Statutes, or other provisions of law, including former sections 893.14 and 901.33,
Florida Statutes, must be scored as prior record where the offender whose record has been expunged or
sealed is before the court for sentencing.

(D) Any uncertainty in the scoring of the offender’s prior record must be resolved in favor of the
offender and disagreement as to the propriety of scoring specific entries in the prior record must be resolved
by the sentencing judge.

(E) When unable to determine whether the conviction to be scored as prior record is a felony or a
misdemeanor, the conviction must be scored as a misdemeanor. When the degree of felony is ambiguous
or the severity level cannot be determined, the conviction must be scored at severity level 1.

(15) “Legal status points” are assessed when an offender:

(A) Escapes from incarceration;

(B) Flees to avoid prosecution;

(C) Fails to appear for a criminal proceeding;

(D) Violates any condition of a supersedeas bond;

(E) Is incarcerated;

(F) Is under any form of a pretrial intervention or diversion program; or

(G) Is under any form of court-imposed or post-prison release community supervision and
commits an offense that results in conviction. Legal status violations receive a score of 4 sentence
points and are scored when the offense committed while under legal status is before the court for
sentencing. Points for a legal status violation must only be assessed once regardless of the existence
of more than one form of legal status at the time an offense is committed or the number of offenses
committed while under any form of legal status.

(16) Community sanction violation points occur when the offender is found to have violated a

19
condition of:

(A) Probation;

(B) Community Control; or

(C) Pretrial intervention or diversion.

Community sanction violation points are assessed when a community sanction violation is before the court
for sentencing. Six community sanction violation points must be assessed for each violation or if the violation
results from a new felony conviction, 12 community sanction violation points must be assessed. For violations
occurring on or after March 12, 2007, if the community sanction violation that is not based upon a failure to pay
fines, costs, or restitution is committed by a violent felony offender of special concern as defined in s. 948.06,
twelve community sanction violation points must be assessed or if the violation results from a new felony
conviction, 24 community sanction points must be assessed. Where there are multiple violations, points may be
assessed only for each successive violation that follows a continuation of supervision, or modification or revocation
of the community sanction before the court for sentencing and are not to be assessed for violation of several
conditions of a single community sanction. Multiple counts of community sanction violations before the sentencing
court may not be the basis for multiplying the assessment of community sanction violation points.

(17) Possession of a firearm, semiautomatic firearm, or a machine gun during the commission or attempt
to commit a crime will result in additional sentence points. Eighteen sentence points are assessed if the offender
is convicted of committing or attempting to commit any felony other than those enumerated in subsection
775.087(2) while having in his or her possession a firearm as defined in subsection 790.001(6), Florida Statutes.
Twenty-five sentence points are assessed if the offender is convicted of committing or attempting to commit any
felony other than those enumerated in subsection 775.087(3) while having in his or her possession a semiautomatic
firearm as defined in subsection 775.087(3) or a machine gun as defined in subsection 790.001(9). Only one
assessment of either 18 or 25 points can be made.

(18) “Subtotal sentence points” are the sum of the primary offense points, the total additional offense
points, the total victim injury points, the total prior record points, any legal status points, community sanction
points, prior serious felony points, prior capital felony points and points for possession of a firearm or
semiautomatic weapon.

(19) If the primary offense is drug trafficking under section 893.135, Florida Statutes, ranked in offense
severity level 7 or 8, the subtotal sentence points may be multiplied, at the discretion of the sentencing court, by a
factor of 1.5.

(20) If the primary offense is a violation of the Law Enforcement Protection Act under subsection
775.0823(2), (3), or (4) Florida Statutes, the subtotal sentence points are multiplied by 2.5. If the primary offense
is a violation of subsection 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 section 784.07(3) or 775.0875(1) or the Law Enforcement Protection Act under
subsection 775.0823(10) or (11), the subtotal sentence points are multiplied by 1.5.

20
(21) If the primary offense is grand theft of the third degree of a motor vehicle and the offender’s prior
record includes three or more grand thefts of the third degree of a motor vehicle, the subtotal sentence points are
multiplied by 1.5.

(22) If the offender is found to have committed the offense for the purpose of benefiting, promoting, or
furthering the interests of a criminal gang under section 874.04, Florida Statutes, at the time of the commission of
the primary offense, the subtotal sentence points are multiplied by 1.5.

(23) If the primary offense is a crime of domestic violence as defined in section 741.28, Florida Statutes,
which was committed in the presence of a child under 16 years of age who is a family household member as defined
in section 741.28(2) with the victim or perpetrator, the subtotal sentence points are multiplied by 1.5.

(24) If the offender was 18 years of age or older and the victim was younger than 18 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)(a)3; s. 787.02(3)(a)2 or (3)(a)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.

(25) “Total sentence points” are the subtotal sentence points or the enhanced subtotal sentence points.

(26) 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 must be calculated by
subtracting 28 points from the total sentence points and decreasing the remaining total by 25 percent. The total

sentence points must be calculated only as a means of determining the lowest permissible sentence. The permissible
range for sentencing must be the lowest permissible sentence up to and including the statutory maximum, as defined
in section 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 section 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. The sentence imposed
must be entered on the scoresheet.

(27) For those offenses having a mandatory minimum sentence, a scoresheet must be completed and the
lowest permissible sentence under the Code calculated. If the lowest permissible sentence is less than the
mandatory minimum sentence, the mandatory minimum sentence takes precedence. If the lowest permissible
sentence exceeds the mandatory sentence, the requirements of the Criminal Punishment Code and any mandatory
minimum penalties apply. Mandatory minimum sentences must be recorded on the scoresheet.

(28) Any downward departure from the lowest permissible sentence, as calculated according to the total

21
sentence points under section 921.0024, Florida Statutes, is prohibited unless there are circumstances or factors
that reasonably justify the downward departure. Circumstances or factors that can be considered include, but are
not limited to, those listed in subsection 921.0026(2), Florida Statutes.

(A) If a sentencing judge imposes a sentence that is below the lowest permissible sentence, it is a
departure sentence and must be accompanied by a written statement by the sentencing court delineating the
reasons for the departure, filed within 7 days after the date of sentencing. A written transcription of orally
stated reasons for departure articulated at the time sentence was imposed is sufficient if it is filed by the
court within 7 days after the date of sentencing. The sentencing judge may also list the written reasons for
departure in the space provided on the Criminal Punishment Code scoresheet.

(B) The written statement delineating the reasons for departure must be made a part of the record. The
written statement, if it is a separate document, must accompany the scoresheet required to be provided to
the Department of Corrections under subsection 921.0024(6).

If a split sentence is imposed, the total sanction (incarceration and community control or probation) must not exceed
the term provided by general law or the maximum sentence under the Criminal Punishment Code.

(29) If the lowest permissible sentence under the criminal punishment code is a state prison sanction
but the total sentencing points do not exceed 48 points (or 54 points if six of those points are for a violation of
probation, community control, or other community supervision that does not involve a new crime), the court may
sentence the defendant to probation, community control or community supervision with mandatory participation
in a prison diversion program, as provided for in s. 921.00241, Florida Statutes, if the defendant meets the
requirements for that program as set forth in section 921.00241.

(30) If the total sentence points equal 22 or less, the court must sentence the offender to a nonstate
prison sanction unless it makes written findings that a nonstate prison sanction could present a danger to the
public.

(31) Sentences imposed after revocation of probation or community control must be imposed according
to the sentencing law applicable at the time of the commission of the original offense.

Committee Note

The terms must and shall, as used in this rule, are mandatory and not permissive.

22
APPENDIX B

RULE 3.992

CRIMINAL PUNISHMENT CODE SCORESHEET

Rule 3.992(a) Criminal Punishment Code Scoresheet


The Criminal Punishment Code Scoresheet Preparation Manual is available at: http://www.dc.state.fl.us/pub/sen_cpcm/index.html
1. DATE OF SENTENCE 2. PREPARER’S NAME 3. COUNTY 4. SENTENCING JUDGE

5. NAME (LAST, FIRST, MI.I.) 6. DOB 8. RACE 10. PRIMARY OFF. DATE 12.

B W OTHER PLEA 
7. DC # 9. GENDER 11. PRIMARY DOCKET #
TRIAL 
M F
I. PRIMARY OFFENSE: If Qualifier, please check ____A ____S ____C ____R (A=Attempt, S=Solicitation, C=Conspiracy, R=Reclassification)

FELONY F.S.# DESCRIPTION OFFENSE POINTS


DEGREE LEVEL

_______/ ___________/ ___________________________________________/ __________/


(Level - Points: 1=4, 2=10, 3=16, 4=22, 5=28, 6=36, 7=56, 8=74, 9=92, 10=116)
Prior capital felony triples Primary Offense points  I. ________

II. ADDITIONAL OFFENSE(S): Supplemental page attached 


DOCKET# FEL/MM F.S.# OFFENSE QUALIFY COUNTS POINTS TOTAL
DEGREE LEVEL A S C R
_____________/ _________/ ______________/ _________     _______ x ______ = ______
DESCRIPTION ________________________________________________________________________________

_____________/ ________/ ______________/ _________  _______ X ______ = ______


DESCRIPTION ________________________________________________________________________________

_____________/ ________/ _____________/ _________  _______ X ______ = ______


DESCRIPTION ________________________________________________________________________________

_____________/ _________/ ______________/ _________  _______ x ______ = ______


DESCRIPTION ________________________________________________________________________________
(Level - Points: M=0.2, 1=0.7, 2=1.2, 3=2.4, 4=3.6, 5=5.4, 6=18, 7=28, 8=37, 9=46, 10=58)
Prior capital felony triples Additional Offense points  Supplemental page points ________
II. _________
III. VICTIM INJURY:
Number Total Number Total
2nd Degree Murder 240 x _______ = _______ Slight 4x _______ = ________
Death 120 x _______ = _______ Sex Penetration 80 x _______ = ________
Severe 40 x _______ = _______ Sex Contact 40 x _______ = ________
Moderate 18 x _______ = _______
III. ______

23
IV. PRIOR RECORD: Supplemental page attached 
FEL/MM F.S.# OFFENSE QUALIFY: DESCRIPTION NUMBER POINTS TOTAL
DEGREE LEVEL A S C R
/  ____ X _ = _____
/  ____ X __ = _____
/  ____ X _ _ = _____
/  ____ X _ = _____
/  ____ X __ = _____
/  ____ X __ = _____
/  ____ X __ = _____
/  ____ X _ _ = _____
/ ________  ____ X _ _ = _____
(Level = Points: M=0.2, 1=0.5, 2=0.8, 3=1.6, 4=2.4, 5=3.6, 6=9, 7=14, 8=19, 9=23, 10=29)
Supplemental page points _______

IV. _________

Page 1 Subtotal: _______


Effective Date: For offenses committed under the Criminal Punishment Code effective for offenses committee on or after October 1, 1998 and subsequent revisions.
NAME (LAST, FIRST, MI) DOCKET #

Page 1 Subtotal: ________


V. Legal Status violation = 4 Points
 Escape  Fleeing  Failure to appear  Supersedeas bond  Incarceration  Pretrial intervention or diversion program
 Court imposed or post prison release community supervision resulting in a conviction V. _______

VI. Community Sanction violation before the court for sentencing


 Probation  Community Control  Pretrial Intervention or diversion VI. ________
6 points for any violation other than new felony conviction x _______ each successive violation OR
New felony conviction = 12 points x _______ each successive violation if new offense results in conviction
before or at same time as sentence for violation of probation OR
12 points x _______ each successive violation for a violent felony offender
of special concern when the violation is not based solely on failure to pay costs, fines, or restitution OR
New felony conviction = 24 points x _______ each successive violation for a violent felony offender of
special concern if new offense results in a conviction before or at the same time for violation of probation
VII. Firearm/Semi-Automatic or Machine Gun = 18 or 25 Points VII. ________
VIII. Prior Serious Felony - 30 Points VIII. ________
Subtotal Sentence Points ________
IX. Enhancements (only if the primary offense qualifies for enhancement)
Law Enf. Protect. Drug Trafficker Motor Vehicle Theft Criminal Gang Offense Domestic Violence in the Presence of Related Child Adult-on-Minor Sex Offense
(offenses committed on or after 3/12/07) (offenses committed on or after 10/1/14)

___x 1.5 ___ x 2.0 ___ x 2.5 ____ x 1.5 ___ x 1.5 ___ x 1.5 ___ x 1.5 ___x 2.0

Enhanced Subtotal Sentence Points IX. ________


TOTAL SENTENCE POINTS ________

24
SENTENCE COMPUTATION

If total sentence points are less than or equal to 44, the lowest permissible sentence is any non-state prison sanction. If the total sentence points are 22 points or less, see
Section 775.082(10), Florida Statutes, to determine if the court must sentence the offender to a non-state prison sanction.

If total sentence points are greater than 44:


__________________________ minus 28 = ____________________ x .75 =_____________________________________
total sentence points lowest permissible prison sentence in months
If total sentence points are 60 points or less and court makes findings pursuant to both Florida Statutes 948.20 and 397.334(3), the court may place the defendant into a
treatment-based drug court program.

The maximum sentence is up to the statutory maximum for the primary and any additional offenses as provided in s. 775.082, F.S., unless the lowest permissible sentence
under the Code exceeds the statutory maximum. Such sentences may be imposed concurrently or consecutively. If total sentence points are greater than or equal to 363,
a life sentence may be imposed.
______________________________
maximum sentence In years
TOTAL SENTENCE IMPOSED
Years Months Days
 State Prison  Life ___________ ___________ __________
 County Jail  Time Served ___________ ___________ __________
 Community Control ___________ ___________ __________
 Probation  Modified ___________ ___________ __________
Please check if sentenced as  habitual offender, habitual violent offender,  violent career criminal,  prison releasee reoffender,
or a  mandatory minimum applies.
 Mitigated Departure  Plea Bargain  Prison Diversion Program
Other Reason _____________________________________________________________________________
JUDGE’S SIGNATURE

Effective Date: For offenses committed under the Criminal Punishment Code effective for offenses committed on or after October 1, 1998, and subsequent revisions.

25
RULE 3.992(b) Supplemental Criminal Punishment Code Scoresheet
NAME (LAST, FIRST, MI.I) DOCKET # DATE OF SENTENCE

II. ADDITIONAL OFFENSES(S):


DOCKET# FEL/MM F.S# OFFENSE QUALIFY COUNTS POINTS TOTAL
DEGREE LEVEL A S C R
__________/ ________/ _____________/ ___________  _______ x _______ = _______
DESCRIPTION _________________________________________________________________________________________
__________/ ________/ _____________/ ___________  _______ x _______ = _______
DESCRIPTION _________________________________________________________________________________________
__________/ ________/ _____________/ ___________  _______ x _______ = _______
DESCRIPTION _________________________________________________________________________________________
__________/ ________/ _____________/ ___________  _______ x _______ = _______
DESCRIPTION _________________________________________________________________________________________
__________/ ________/ _____________/ ___________  _______ x _______ = _______
DESCRIPTION _________________________________________________________________________________________
(Level - Points: M=0.2, 1=0.7, 2=1.2, 3=2.4, 4=3.6, 5=5.4, 6=18, 7=28, 8=37, 9=46, 10=58)
II. _________
IV. PRIOR RECORD
FEL/MM F.S.# OFFENSE QUALIFY: DESCRIPTION NUMBER POINTS TOTAL
DEGREE LEVEL A S C R
/  ______ X __ = _ ____
/  __ X _ =___ __
/  __ _ X __ = _ _____
/  __ X __ = _______
/  __ _ X __ = _______
/  __ _ X __ = _ _____
(Level = Points: M=0.2, 1=0.5, 2=0.8, 3=1.6, 4=2.4, 5=3.6, 6=9, 7=14, 8=19, 9=23, 10=29)
IV. _________
REASONS FOR DEPARTURE - MITIGATING CIRCUMSTANCES
(reasons may be checked here or written on the scoresheet)
 Legitimate, uncoerced plea bargain.

 The defendant was an accomplice to the offense and was a relatively minor participant in the criminal conduct.

 The capacity of the defendant to appreciate the criminal nature of the conduct or to conform that conduct to the requirements of law was substantially impaired.
 The defendant requires specialized treatment for a mental disorder that is unrelated to substance abuse or addiction, or for a physical disability, and the defendant is
amenable to treatment.
 The need for payment of restitution to the victim outweighs the need for a prison sentence.

 The victim was an initiator, willing participant, aggressor, or provoker of the incident.

 The defendant acted under extreme duress or under the domination of another person.

 Before the identity of the defendant was determined, the victim was substantially compensated.

 The defendant cooperated with the State to resolve the current offense or any other offense.

 The offense was committed in an unsophisticated manner and was an isolated incident for which the defendant has shown remorse.

 At the time of the offense the defendant was too young to appreciate the consequences of the offense.

26
 The defendant is to be sentenced as a youthful offender.
 The defendant is amenable to the services of a postadjudicatory treatment-based drug court program and is otherwise qualified to participate in the program.
 The defendant was making a good faith effort to obtain or provide medical assistance for an individual experiencing a drug-related overdose.
Pursuant to 921.0026(3) the defendant’s substance abuse or addiction does not justify a downward departure from the lowest permissible sentence, except for the provisions of s. 921.0026(2)(m).
Effective Date: For offenses committed under the Criminal Punishment Code effective for offenses committed on or after October 1, 1998 and subsequent revisions.

27
APPENDIX C
Offense Severity Ranking Chart
Florida Criminal Punishment Code
Section 921.0022, Florida Statutes
Felony offenses subject to the 1998 Criminal Punishment Code are listed in a single offense
severity ranking chart located at section 921.0022, Florida Statutes. The offense severity
ranking chart employs 10 offense levels, ranked from least severe to most severe. Each felony
offense is assigned to a level according to the severity of the offense, commensurate with the
harm or potential for harm to the community that is caused by the offense, as determined by
statute. The numerical statutory reference in the left column of the chart and the felony degree
designations in the middle column of the chart determine whether felony offenses are
specifically listed in the offense severity ranking chart and the appropriate severity level. The
language in the right column is merely descriptive.

Felony offenses not listed in section 921.0022, Florida Statutes, are assigned a severity level in
accordance with section 921.0023, Florida Statutes, as follows:

(A) A felony of the third degree within offense level 1.

(B) A felony of the second degree within offense level 4.

(C) A felony of the first degree within offense level 7.

(D) A felony of the first degree punishable by life within offense level 9.

(E) A life felony within offense level 10.

An offense does not become unlisted and subject to the provisions of section 921.0023, Florida Statutes,
because of a reclassification of the degree of felony pursuant to section 775.0845, section 775.0861, section
775.0862, section 775.087, section 775.0875, section 794.023, Florida Statutes, or any other law that
provides an enhanced penalty for a felony offense.

28
OFFENSE SEVERITY RANKING CHART
As of July 1, 2019

LEVEL 1
Florida Felony
Description
Statute Degree
24.118(3)(a) 3rd Counterfeit or altered state lottery ticket.
212.054(2)(b) 3rd Discretionary sales surtax; limitations, administration, and collection.
212.15(2)(b) 3rd Failure to remit sales taxes, amount $1,000 or more but less than $20,000.
316.1935(1) 3rd Fleeing or attempting to elude law enforcement officer.
319.30(5) 3rd Sell, exchange, give away certificate of title or identification number plate.
319.35(1)(a) 3rd Tamper, adjust, change, etc., an odometer.
320.26(1)(a) 3rd Counterfeit, manufacture, or sell registration license plates or validation stickers.
322.212 Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession
3rd
(1)(a)-(c) of simulated identification.
322.212(4) 3rd Supply or aid in supplying unauthorized driver license or identification card.
322.212(5)(a) 3rd False application for driver license or identification card.
Fraudulent misappropriation of public assistance funds by employee/official, value
414.39(3)(a) 3rd
more than $200.
False statement or representation to obtain or increase reemployment assistance
443.071(1) 3rd
benefits.
509.151(1) 3rd Defraud an innkeeper, food or lodging value $1,000 or more.
517.302(1) 3rd Violation of the Florida Securities and Investor Protection Act.
713.69 3rd Tenant removes property upon which lien has accrued, value $1,000 or more.
812.014(3)(c) 3rd Petit theft (3rd conviction); theft of any property not specified in subsection (2).
812.081(2) 3rd Unlawfully makes or causes to be made a reproduction of a trade secret.
815.04(5)(a) 3rd Offense against intellectual property (i.e., computer programs, data).
817.52(2) 3rd Hiring with intent to defraud, motor vehicle services.
Use of public record or public records information or providing false information to
817.569(2) 3rd
facilitate commission of a felony.
826.01 3rd Bigamy.
828.122(3) 3rd Fighting or baiting animals.
Any erasure, alteration, etc., of any replacement deed, map, plat, or other document
831.04(1) 3rd
listed in s. 92.28.
831.31(1)(a) 3rd Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.

29
OFFENSE SEVERITY RANKING CHART
As of July 1, 2019
Florida Felony
Description
Statute Degree
832.041(1) 3rd Stopping payment with intent to defraud $150 or more.
832.05(2)(b) & Knowing, making, issuing worthless checks $150 or more or obtaining property in
3rd
(4)(c) return for worthless check $150 or more.
838.15(2) 3rd Commercial bribe receiving.
838.16 3rd Commercial bribery.
843.18 3rd Fleeing by boat to elude a law enforcement officer.
847.011(1)(a) 3rd Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
849.09(1)(a)- Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes,
3rd
(d) or dispose of property or money by means of lottery.
849.23 3rd Gambling-related machines; “common offender” as to property rights.
849.25(2) 3rd Engaging in bookmaking.
860.08 3rd Interfere with a railroad signal.
860.13(1)(a) 3rd Operate aircraft while under the influence.
893.13(2)(a)2. 3rd Purchase of cannabis.
893.13(6)(a) 3rd Possession of cannabis (more than 20 grams).
934.03(1)(a) 3rd Intercepts, or procures any other person to intercept, any wire or oral communication.

LEVEL 2
Florida Felony
Description
Statute Degree
379.2431 Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle
3rd
(1)(e)3. Protection Act.
379.2431 Possession of more than 11 marine turtle eggs in violation of the Marine Turtle
3rd
(1)(e)4. Protection Act.
Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any
403.413(6)(c) 3rd
quantity for commercial purposes, or hazardous waste.
517.07(2) 3rd Failure to furnish a prospectus meeting requirements.
590.28(1) 3rd Intentional burning of lands.
Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or
784.05(3) 3rd
death.
787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.

30
OFFENSE SEVERITY RANKING CHART
As of July 1, 2019
Florida Felony
Description
Statute Degree
Criminal mischief; damage $1,000 or more to public communication or any other
806.13(1)(b)3. 3rd
public service.
Impairing or impeding telephone or power to a dwelling; facilitating or furthering
810.061(2) 3rd
burglary.
810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
812.014(2)(c)1. 3rd Grand theft, 3rd degree; $750 or more but less than $5,000.
Grand theft, 3rd degree; $100 or more but less than $750, taken from unenclosed
812.014(2)(d) 3rd
curtilage of dwelling.
Possession, use, or attempted use of an antishoplifting or inventory control device
812.015(7) 3rd
countermeasure.
817.234(1)(a)2. 3rd False statement in support of insurance claim.
Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over
817.481(3)(a) 3rd
$300.
817.52(3) 3rd Failure to redeliver hired vehicle.
817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
817.60(5) 3rd Dealing in credit cards of another.
817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
831.01 3rd Forgery.
831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
843.08 3rd False personation.
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.,
893.13(2)(a)2. 3rd
(2)(c)9., (2)(c)10., (3), or (4) drugs other than cannabis.
893.147(2) 3rd Manufacture or delivery of drug paraphernalia.

31
OFFENSE SEVERITY RANKING CHART
As of July 1, 2019
LEVEL 3
Florida Felony
Description
Statute Degree
119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
316.066
3rd Unlawfully obtaining or using confidential crash reports.
(3)(b)-(d)
316.193(2)(b) 3rd Felony DUI, 3rd conviction.
Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and
316.1935(2) 3rd
lights activated.
319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title
319.33(4) 3rd
or registration.
327.35(2)(b) 3rd Felony BUI.
Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of
328.05(2) 3rd
vessels.
328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust
376.302(5) 3rd
Fund.
Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring,
379.2431
3rd selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or
(1)(e)5.
marine turtle nests in violation of the Marine Turtle Protection Act.
379.2431 Possessing any marine turtle species or hatchling, or parts thereof, or the nest of any
3rd
(1)(e)6. marine turtle species described in the Marine Turtle Protection Act.
379.2431 Soliciting to commit or conspiring to commit a violation of the Marine Turtle
3rd
(1)(e)7. Protection Act.
400.9935(4)(a)
3rd Operating a clinic, or offering services requiring licensure, without a license.
or (b)
Filing a false license application or other required information or failing to report
400.9935(4)(e) 3rd
information.
440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
Tampers with a consumer product or the container using materially false/misleading
501.001(2)(b) 2nd
information.
624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
32
OFFENSE SEVERITY RANKING CHART
As of July 1, 2019
Florida Felony
Description
Statute Degree
Transacting insurance without a certificate of authority; premium collected less than
624.401(4)(b)1. 3rd
$20,000.
626.902(1)(a)
& 3rd Representing an unauthorized insurer.
(b)
697.08 3rd Equity skimming.
790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
Trespass on property other than structure or conveyance armed with firearm or
810.09(2)(c) 3rd
dangerous weapon.
812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
812.015(8)(b) 3rd Retail theft with intent to sell; conspires with others.
815.04(5)(b) 2nd Computer offense devised to defraud or obtain property.
Engages in scheme to defraud (Florida Communications Fraud Act), property valued at
817.034(4)(a)3. 3rd
less than $20,000.
817.233 3rd Burning to defraud insurer.
817.234
3rd Unlawful solicitation of persons involved in motor vehicle accidents.
(8)(b) & (c)
817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
817.236 3rd Filing a false motor vehicle insurance application.
817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
817.413(2) 3rd Sale of used goods of $1,000 or more as new.
Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit
831.28(2)(a) 3rd
payment instrument with intent to defraud.
831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards.
838.021(3)(b) 3rd Threatens unlawful harm to public servant.
843.19 2nd Injure, disable, or kill police, fire, or SAR canine or police horse.
860.15(3) 3rd Overcharging for repairs and parts.
870.01(2) 3rd Riot; inciting or encouraging.

33
OFFENSE SEVERITY RANKING CHART
As of July 1, 2019
Florida Felony
Description
Statute Degree
Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2.,
893.13(1)(a)2. 3rd
(2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs).
Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6.,
893.13(1)(d)2. 2nd
(2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of university.
Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6.,
893.13(1)(f)2. 2nd (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of public
housing facility.
893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances.
893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
Withhold information from practitioner regarding previous receipt of or prescription
893.13(7)(a)8. 3rd
for a controlled substance.
Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation,
893.13(7)(a)9. 3rd
etc.
893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
Furnish false or fraudulent material information on any document or record required by
893.13(7)(a)11. 3rd
chapter 893.
Knowingly assist a patient, other person, or owner of an animal in obtaining a
893.13(8)(a)1. 3rd controlled substance through deceptive, untrue, or fraudulent representations in or
related to the practitioner’s practice.
Employ a trick or scheme in the practitioner’s practice to assist a patient, other person,
893.13(8)(a)2. 3rd
or owner of an animal in obtaining a controlled substance.
893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
Write a prescription for a controlled substance for a patient, other person, or an animal
893.13(8)(a)4. 3rd
if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
944.47
3rd Introduce contraband to correctional facility.
(1)(a)1. & 2.
944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).

34
OFFENSE SEVERITY RANKING CHART
As of July 1, 2019
LEVEL 4
Florida Felony
Description
Statute Degree
Driving at high speed or with wanton disregard for safety while fleeing or attempting to
316.1935(3)(a) 2nd
elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
Failure to maintain or deliver transaction history, transaction information, or transaction
499.0051(1) 3rd
statements.
Knowing sale or delivery, or possession with intent to sell, contraband prescription
499.0051(5) 2nd
drugs.
517.07(1) 3rd Failure to register securities.
517.12(1) 3rd Failure of dealer, associated person, or issuer of securities to register.
784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
784.075 3rd Battery on detention or commitment facility staff.
Battery of facility employee by throwing, tossing, or expelling certain fluids or
784.078 3rd
materials.
784.08(2)(c) 3rd Battery on a person 65 years of age or older.
784.081(3) 3rd Battery on specified official or employee.
784.082(3) 3rd Battery by detained person on visitor or other detainee.
784.083(3) 3rd Battery on code inspector.
Battery of child by throwing, tossing, projecting, or expelling certain fluids or
784.085 3rd
materials.
787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
Take, entice, or remove child beyond state limits with criminal intent pending custody
787.04(2) 3rd
proceedings.
Carrying child beyond state lines with criminal intent to avoid producing child at
787.04(3) 3rd
custody hearing or delivering to designated person.
787.07 3rd Human smuggling.
790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
Possessing electric weapon or device, destructive device, or other weapon on school
790.115(2)(b) 3rd
property.
790.115(2)(c) 3rd Possessing firearm on school property.
800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.

35
OFFENSE SEVERITY RANKING CHART
As of July 1, 2019
Florida Felony
Description
Statute Degree
Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or
810.02(4)(a) 3rd
battery.
Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or
810.02(4)(b) 3rd
battery.
810.06 3rd Burglary; possession of tools.
810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
812.014
3rd Grand theft, 3rd degree; specified items.
(2)(c)4.-10.
812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
817.505(4)(a) 3rd Patient brokering.
Sell or deliver substance other than controlled substance agreed upon, excluding s.
817.563(1) 3rd
893.03(5) drugs.
817.568(2)(a) 3rd Fraudulent use of personal identification information.
817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder.
817.625(2)(c) 3rd Possess, sell, or deliver skimming device.
Kill, maim, or cause great bodily harm or permanent breeding disability to any
828.125(1) 2nd
registered horse or cattle.
837.02(1) 3rd Perjury in official proceedings.
837.021(1) 3rd Make contradictory statements in official proceedings.
838.022 3rd Official misconduct.
839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
839.13(2)(c) 3rd Falsifying records of the Department of Children and Families.
843.021 3rd Possession of a concealed handcuff key by a person in custody.
Deprive law enforcement, correctional, or correctional probation officer of means of
843.025 3rd
protection or communication.
843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang.
Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)5.
893.13(2)(a)1. 2nd
drugs).

36
OFFENSE SEVERITY RANKING CHART
As of July 1, 2019
Florida Felony
Description
Statute Degree
914.14(2) 3rd Witnesses accepting bribes.
914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
918.12 3rd Tampering with jurors.
934.215 3rd Use of two-way communications device to facilitate commission of a crime.
Introduction of contraband (cellular telephone or other portable communication device)
944.47(1)(a)6. 3rd
into correctional institution.
951.22(1)(h), Intoxicating drug, instrumentality or other device to aid escape, or cellular telephone or
3rd
(j) & (k) other portable communication device introduced into county detention facility.

LEVEL 5
Florida Felony
Description
Statute Degree
Accidents involving personal injuries other than serious bodily injury, failure to stop;
316.027(2)(a) 3rd
leaving scene.
316.1935(4)(a) 2nd Aggravated fleeing or eluding.
316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
Careless operation of motor vehicle with suspended license, resulting in death or
322.34(6) 3rd
serious bodily injury.
327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
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
379.365(2)(c)1. 3rd
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.
379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.

37
OFFENSE SEVERITY RANKING CHART
As of July 1, 2019
Florida Felony
Description
Statute Degree
Submission of false, misleading, or incomplete information with the purpose of
440.381(2) 3rd
avoiding or reducing workers’ compensation premiums.
Transacting insurance without a certificate or authority; premium collected $20,000 or
624.401(4)(b)2. 2nd
more but less than $100,000.
626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
790.01(2) 3rd Carrying a concealed firearm.
790.162 2nd Threat to throw or discharge destructive device.
False report of bomb, explosive, weapon of mass destruction, or use of firearms in
790.163(1) 2nd
violent manner.
790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
Possess, manufacture, or dispense fire bomb with intent to damage any structure or
806.111(1) 3rd
property.
812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
812.015
3rd Retail theft; property stolen is valued at $750 or more and one or more specified acts.
(8)(a) & (c)-(e)
812.019(1) 2nd Stolen property; dealing in or trafficking in.
812.131(2)(b) 3rd Robbery by sudden snatching.
812.16(2) 3rd Owning, operating, or conducting a chop shop.
817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
817.2341(1), Filing false financial statements, making false entries of material fact or false
3rd
(2)(a) & (3)(a) statements regarding property values relating to the solvency of an insuring entity.
Fraudulent use of personal identification information; value of benefit, services
817.568(2)(b) 2nd received, payment avoided, or amount of injury or fraud, $5,000 or more or use of
personal identification information of 10 or more persons.
817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
Second or subsequent fraudulent use of scanning device, skimming device, or
817.625(2)(b) 2nd
reencoder.
38
OFFENSE SEVERITY RANKING CHART
As of July 1, 2019
Florida Felony
Description
Statute Degree
825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
Possess with intent to promote any photographic material, motion picture, etc., which
827.071(4) 2nd
includes sexual conduct by a child.
Possess, control, or intentionally view any photographic material, motion picture, etc.,
827.071(5) 3rd
which includes sexual conduct by a child.
828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
Falsifying records of an individual in the care and custody of a state agency involving
839.13(2)(b) 2nd
great bodily harm or death.
843.01 3rd Resist officer with violence to person; resist arrest with violence.
847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
847.0137
3rd Transmission of pornography by electronic device or equipment.
(2) & (3)
847.0138 Transmission of material harmful to minors to a minor by electronic device or
3rd
(2) & (3) equipment.
Encouraging or recruiting another to join a criminal gang; second or subsequent
874.05(1)(b) 2nd
offense.
874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a),
893.13(1)(a)1. 2nd
(2)(b), or (2)(c)5. drugs).
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
893.13(1)(c)2. 2nd
feet of a child care facility, school, or state, county, or municipal park or publicly
owned recreational facility or community center.
Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a),
893.13(1)(d)1. 1st
(2)(b), or (2)(c)5. drugs) within 1,000 feet of university.
Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c),
893.13(1)(e)2. 2nd (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.
Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a),
893.13(1)(f)1. 1st
(2)(b), or (2)(c)5. drugs) within 1,000 feet of public housing facility.
893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.

39
OFFENSE SEVERITY RANKING CHART
As of July 1, 2019
LEVEL 6
Florida Felony
Description
Statute Degree
316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.
316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license.
Knowing forgery of transaction history, transaction information, or transaction
499.0051(2) 2nd
statement.
499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
775.0875(1) 3rd Taking firearm from law enforcement officer.
784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
784.041 3rd Felony battery; domestic battery by strangulation.
784.048(3) 3rd Aggravated stalking; credible threat.
784.048(5) 3rd Aggravated stalking of person under 16.
784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
784.081(2) 2nd Aggravated assault on specified official or employee.
784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
784.083(2) 2nd Aggravated assault on code inspector.
787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
790.115(2)(d) 2nd Discharging firearm or weapon on school property.
Make, possess, or throw destructive device with intent to do bodily harm or damage
790.161(2) 2nd
property.
False report concerning bomb, explosive, weapon of mass destruction, act of arson or
790.164(1) 2nd
violence to state property, or use of firearms in violent manner.
790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
794.05(1) 2nd Unlawful sexual activity with specified minor.
Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years
800.04(5)(d) 3rd
of age; offender less than 18 years.
40
OFFENSE SEVERITY RANKING CHART
As of July 1, 2019
Florida Felony
Description
Statute Degree
800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.
812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
812.015(9)(a) 2nd Retail theft; property stolen $750 or more; second or subsequent conviction.
Retail theft; aggregated property stolen within 30 days is $3,000 or more; coordination
812.015(9)(b) 2nd
of others.
812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
817.505(4)(b) 2nd Patient brokering; 10 or more patients.
825.102(1) 3rd Abuse of an elderly person or disabled adult.
825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
Exploiting an elderly person or disabled adult and property is valued at less than
825.103(3)(c) 3rd
$10,000.
827.03(2)(c) 3rd Abuse of a child.
827.03(2)(d) 3rd Neglect of a child.
827.071(2) &
2nd Use or induce a child in a sexual performance, or promote or direct such performance.
(3)
836.05 2nd Threats; extortion.
Written threats to kill, do bodily injury, or conduct a mass shooting or an act of
836.10 2nd
terrorism.
843.12 3rd Aids or assists person to escape.
Distributing, offering to distribute, or possessing with intent to distribute obscene
847.011 3rd
materials depicting minors.
847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.

41
OFFENSE SEVERITY RANKING CHART
As of July 1, 2019
Florida Felony
Description
Statute Degree
Committing malicious battery upon or inflicting cruel or inhuman treatment on an
944.35(3)(a)2. 3rd
inmate or offender on community supervision, resulting in great bodily harm.
944.40 2nd Escapes.
944.46 3rd Harboring, concealing, aiding escaped prisoners.
944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
951.22(1)(i) 3rd Firearm or weapon introduced into county detention facility.

LEVEL 7
Florida Felony
Description
Statute Degree
316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene.
316.193(3)(c)2.3rd DUI resulting in serious bodily injury.
Causing serious bodily injury or death to another person; driving at high speed or with
316.1935(3)(b) 1st wanton disregard for safety while fleeing or attempting to elude law enforcement
officer who is in a patrol vehicle with siren and lights activated.
327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
Misrepresentation and negligence or intentional act resulting in great bodily harm,
402.319(2) 2nd
permanent disfiguration, permanent disability, or death.
409.920
3rd Medicaid provider fraud; $10,000 or less.
(2)(b)1.a.
409.920
2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
(2)(b)1.b.
456.065(2) 3rd Practicing a health care profession without a license.
Practicing a health care profession without a license which results in serious bodily
456.065(2) 2nd
injury.
458.327(1) 3rd Practicing medicine without a license.
459.013(1) 3rd Practicing osteopathic medicine without a license.
460.411(1) 3rd Practicing chiropractic medicine without a license.
461.012(1) 3rd Practicing podiatric medicine without a license.
462.17 3rd Practicing naturopathy without a license.
463.015(1) 3rd Practicing optometry without a license.
42
OFFENSE SEVERITY RANKING CHART
As of July 1, 2019
Florida Felony
Description
Statute Degree
464.016(1) 3rd Practicing nursing without a license.
465.015(2) 3rd Practicing pharmacy without a license.
466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
467.201 3rd Practicing midwifery without a license.
468.366 3rd Delivering respiratory care services without a license.
483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
483.901(7) 3rd Practicing medical physics without a license.
484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
484.053 3rd Dispensing hearing aids without a license.
Conviction of any violation of chapter 494 in which the total money and property
494.0018(2) 1st
unlawfully obtained exceeded $50,000 and there were five or more victims.
Failure to report currency or payment instruments exceeding $300 but less than
560.123(8)(b)1. 3rd
$20,000 by a money services business.
Money services business by unauthorized person, currency or payment instruments
560.125(5)(a) 3rd
exceeding $300 but less than $20,000.
Failure to report financial transactions exceeding $300 but less than $20,000 by
655.50(10)(b)1. 3rd
financial institution.
Sexual predator; failure to register; failure to renew driver license or identification
775.21(10)(a) 3rd
card; other registration violations.
775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
Failure to report or providing false information about a sexual predator; harbor or
775.21(10)(g) 3rd
conceal a sexual predator.
Attempted felony murder of a person by a person other than the perpetrator or the
782.051(3) 2nd
perpetrator of an attempted felony.
Killing of a human being by the act, procurement, or culpable negligence of another
782.07(1) 2nd
(manslaughter).
Killing of a human being or unborn child by the operation of a motor vehicle in a
782.071 2nd
reckless manner (vehicular homicide).
Killing of a human being by the operation of a vessel in a reckless manner (vessel
782.072 2nd
homicide).
784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.

43
OFFENSE SEVERITY RANKING CHART
As of July 1, 2019
Florida Felony
Description
Statute Degree
784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
784.048(7) 3rd Aggravated stalking; violation of court order.
784.07(2)(d) 1st Aggravated battery on law enforcement officer.
784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
784.081(1) 1st Aggravated battery on specified official or employee.
784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
784.083(1) 1st Aggravated battery on code inspector.
787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult.
Human trafficking using coercion for labor and services by the transfer or transport of
787.06(3)(e)2. 1st
an adult from outside Florida to within the state.
790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
790.16(1) 1st Discharge of a machine gun under specified circumstances.
790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
Possessing, displaying, or threatening to use any hoax bomb while committing or
790.165(3) 2nd
attempting to commit a felony.
790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
Possessing, displaying, or threatening to use a hoax weapon of mass destruction while
790.166(4) 2nd
committing or attempting to commit a felony.
Possession of a firearm by a person who qualifies for the penalty enhancements
790.23 1st,PBL
provided for in s. 874.04.
Female genital mutilation; consent by a parent, guardian, or a person in custodial
794.08(4) 3rd
authority to a victim younger than 18 years of age.
796.05(1) 1st Live on earnings of a prostitute; 2nd offense.
796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense.
Lewd or lascivious molestation; victim younger than 12 years of age; offender
800.04(5)(c)1. 2nd
younger than 18 years of age.
Lewd or lascivious molestation; victim 12 years of age or older but younger than 16
800.04(5)(c)2. 2nd
years of age; offender 18 years of age or older.
Lewd or lascivious molestation; victim 12 years of age or older but younger than 16
800.04(5)(e) 1st
years; offender 18 years or older; prior conviction for specified sex offense.
44
OFFENSE SEVERITY RANKING CHART
As of July 1, 2019
Florida Felony
Description
Statute Degree
806.01(2) 2nd Maliciously damage structure by fire or explosive.
810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
Property stolen, valued at $100,000 or more or a semitrailer deployed by a law
812.014(2)(a)1. 1st enforcement officer; property stolen while causing other property damage; 1st degree
grand theft.
812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in
812.019(2) 1st
stolen property.
812.131(2)(a) 2nd Robbery by sudden snatching.
812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
817.2341 Making false entries of material fact or false statements regarding property values
(2)(b) & 1st relating to the solvency of an insuring entity which are a significant cause of the
(3)(b) insolvency of that entity.
817.535(2)(a) 3rd Filing false lien or other unauthorized document.
817.611(2)(b) 2nd Traffic in or possess 15 to 49 counterfeit credit cards or related documents.
Neglecting an elderly person or disabled adult causing great bodily harm, disability, or
825.102(3)(b) 2nd
disfigurement.
Exploiting an elderly person or disabled adult and property is valued at $10,000 or
825.103(3)(b) 2nd
more, but less than $50,000.
827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.

45
OFFENSE SEVERITY RANKING CHART
As of July 1, 2019
Florida Felony
Description
Statute Degree
837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
838.015 2nd Bribery.
838.016 2nd Unlawful compensation or reward for official behavior.
838.021(3)(a) 2nd Unlawful harm to a public servant.
838.22 2nd Bid tampering.
843.0855(2) 3rd Impersonation of a public officer or employee.
843.0855(3) 3rd Unlawful simulation of legal process.
843.0855(4) 3rd Intimidation of a public officer or employee.
847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
872.06 2nd Abuse of a dead human body.
Encouraging or recruiting person under 13 to join a criminal gang; second or
874.05(2)(b) 1st
subsequent offense.
Knowingly initiates, organizes, plans, finances, directs, manages, or supervises
874.10 1st,PBL
criminal gang-related activity.
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,
893.13(1)(c)1. 1st
school, or state, county, or municipal park or publicly owned recreational facility or
community center.
Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a),
893.13(1)(e)1. 1st (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.
893.13(4)(a) 1st Use or hire of minor; deliver to minor other controlled substance.
893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
893.135
1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
(1)(b)1.a.
893.135
1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
(1)(c)1.a.
893.135
1st Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
(1)(c)2.a.
893.135
1st Trafficking in hydrocodone, 50 grams or more, less than 100 grams.
(1)(c)2.b.

46
OFFENSE SEVERITY RANKING CHART
As of July 1, 2019
Florida Felony
Description
Statute Degree
893.135
1st Trafficking in oxycodone, 7 grams or more, less than 14 grams.
(1)(c)3.a.
893.135
1st Trafficking in oxycodone, 14 grams or more, less than 25 grams.
(1)(c)3.b.
893.135
1st Trafficking in fentanyl, 4 grams or more, less than 14 grams.
(1)(c)4.b.(I)
893.135
1st Trafficking in phencyclidine, 28 grams or more, less than 200 grams.
(1)(d)1.a.
893.135(1)(e)1. 1st Trafficking in methaqualone, 200 grams or more, less than 5 kilograms.
893.135(1)(f)1. 1st Trafficking in amphetamine, 14 grams or more, less than 28 grams.
893.135
1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
(1)(g)1.a.
893.135 Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5
1st
(1)(h)1.a. kilograms.
893.135
1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
(1)(j)1.a.
893.135
1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
(1)(k)2.a.
893.135
1st Trafficking in synthetic cannabinoids, 280 grams or more, less than 500 grams.
(1)(m)2.a.
893.135
1st Trafficking in synthetic cannabinoids, 500 grams or more, less than 1,000 grams.
(1)(m)2.b.
893.135
1st Trafficking in n-benzyl phenethylamines, 14 grams or more, less than 100 grams.
(1)(n)2.a.
893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
Structuring transactions to evade reporting or registration requirements, financial
896.104(4)(a)1. 3rd
transactions exceeding $300 but less than $20,000.
Sexual offender vacating permanent residence; failure to comply with reporting
943.0435(4)(c) 2nd
requirements.
Sexual offender; remains in state after indicating intent to leave; failure to comply
943.0435(8) 2nd
with reporting requirements.
943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.

47
OFFENSE SEVERITY RANKING CHART
As of July 1, 2019
Florida Felony
Description
Statute Degree
Failure to report or providing false information about a sexual offender; harbor or
943.0435(13) 3rd
conceal a sexual offender.
Sexual offender; failure to report and reregister; failure to respond to address
943.0435(14) 3rd
verification; providing false registration information.
944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
Failure to report or providing false information about a sexual offender; harbor or
944.607(12) 3rd
conceal a sexual offender.
Sexual offender; failure to report and reregister; failure to respond to address
944.607(13) 3rd
verification; providing false registration information.
985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
Failure to report or providing false information about a sexual offender; harbor or
985.4815(12) 3rd
conceal a sexual offender.
Sexual offender; failure to report and reregister; failure to respond to address
985.4815(13) 3rd
verification; providing false registration information.

LEVEL 8
Florida Felony
Description
Statute Degree
316.193
2nd DUI manslaughter.
(3)(c)3.a.
316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
327.35(3)(c)3. 2nd Vessel BUI manslaughter.
499.0051(6) 1st Knowing trafficking in contraband prescription drugs.
499.0051(7) 1st Knowing forgery of prescription labels or prescription drug labels.
Failure to report currency or payment instruments totaling or exceeding $20,000, but
560.123(8)(b)2. 2nd
less than $100,000 by money transmitter.
Money transmitter business by unauthorized person, currency or payment instruments
560.125(5)(b) 2nd
totaling or exceeding $20,000, but less than $100,000.
Failure to report financial transactions totaling or exceeding $20,000, but less than
655.50(10)(b)2. 2nd
$100,000 by financial institutions.
777.03(2)(a) 1st Accessory after the fact, capital felony.
48
OFFENSE SEVERITY RANKING CHART
As of July 1, 2019
Florida Felony
Description
Statute Degree
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
782.04(4) 2nd
eluding with serious bodily injury or death, aircraft piracy, or unlawfully discharging
bomb.
Attempted felony murder while perpetrating or attempting to perpetrate a felony not
782.051(2) 1st
enumerated in s. 782.04(3).
782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
787.06(3)(a)1. 1st Human trafficking for labor and services of a child.
787.06(3)(b) 1st Human trafficking using coercion for commercial sexual activity of an adult.
Human trafficking using coercion for labor and services of an unauthorized alien
787.06(3)(c)2. 1st
adult.
Human trafficking for labor and services by the transfer or transport of a child from
787.06(3)(e)1. 1st
outside Florida to within the state.
Human trafficking using coercion for commercial sexual activity by the transfer or
787.06(3)(f)2. 1st
transport of any adult from outside Florida to within the state.
790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
Sexual battery; victim 12 years of age or older but younger than 18 years; offender 18
794.011(5)(a) 1st
years or older; offender does not use physical force likely to cause serious injury.
Sexual battery; victim and offender 18 years of age or older; offender does not use
794.011(5)(b) 2nd
physical force likely to cause serious injury.
Sexual battery; victim 12 years of age or older; offender younger than 18 years;
794.011(5)(c) 2nd
offender does not use physical force likely to cause injury.
Sexual battery; victim 12 years of age or older; offender does not use physical force
794.011(5)(d) 1st
likely to cause serious injury; prior conviction for specified sex offense.
Female genital mutilation, removal of a victim younger than 18 years of age from this
794.08(3) 2nd
state.
800.04(4)(b) 2nd Lewd or lascivious battery.
Lewd or lascivious battery; offender 18 years of age or older; prior conviction for
800.04(4)(c) 1st
specified sex offense.
Maliciously damage dwelling or structure by fire or explosive, believing person in
806.01(1) 1st
structure.
810.02(2)(a) 1st,PBL Burglary with assault or battery.

49
OFFENSE SEVERITY RANKING CHART
As of July 1, 2019
Florida Felony
Description
Statute Degree
810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
Burglary of a dwelling or structure causing structural damage or $1,000 or more
810.02(2)(c) 1st
property damage.
812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
812.13(2)(b) 1st Robbery with a weapon.
812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
817.505(4)(c) 1st Patient brokering; 20 or more patients.
817.535(2)(b) 2nd Filing false lien or other unauthorized document; second or subsequent offense.
Filing false lien or other unauthorized document; property owner is a public officer or
817.535(3)(a) 2nd
employee.
Filing false lien or other unauthorized document; defendant is incarcerated or under
817.535(4)(a)1. 2nd
supervision.
Filing false lien or other unauthorized document; owner of the property incurs
817.535(5)(a) 2nd
financial loss as a result of the false instrument.
Fraudulent use of personal identification information of an individual under the age of
817.568(6) 2nd
18.
817.611(2)(c) 1st Traffic in or possess 50 or more counterfeit credit cards or related documents.
825.102(2) 1st Aggravated abuse of an elderly person or disabled adult.
825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
Exploiting an elderly person or disabled adult and property is valued at $50,000 or
825.103(3)(a) 1st
more.
837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
Making contradictory statements in official proceedings relating to prosecution of a
837.021(2) 2nd
capital felony.
Shooting at or throwing any object in path of railroad vehicle resulting in great bodily
860.121(2)(c) 1st
harm.
860.16 1st Aircraft piracy.
Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or
893.13(1)(b) 1st
(b).
893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
50
OFFENSE SEVERITY RANKING CHART
As of July 1, 2019
Florida Felony
Description
Statute Degree
893.135
1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
(1)(b)1.b.
893.135
1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
(1)(c)1.b.
893.135
1st Trafficking in hydrocodone, 100 grams or more, less than 300 grams.
(1)(c)2.c.
893.135
1st Trafficking in oxycodone, 25 grams or more, less than 100 grams.
(1)(c)3.c.
893.135
1st Trafficking in fentanyl, 14 grams or more, less than 28 grams.
(1)(c)4.b.(II)
893.135
1st Trafficking in phencyclidine, 200 grams or more, less than 400 grams.
(1)(d)1.b.
893.135
1st Trafficking in methaqualone, 5 kilograms or more, less than 25 kilograms.
(1)(e)1.b.
893.135
1st Trafficking in amphetamine, 28 grams or more, less than 200 grams.
(1)(f)1.b.
893.135
1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
(1)(g)1.b.
893.135 Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10
1st
(1)(h)1.b. kilograms.
893.135
1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
(1)(j)1.b.
893.135
1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
(1)(k)2.b.
893.135
1st Trafficking in synthetic cannabinoids, 1,000 grams or more, less than 30 kilograms.
(1)(m)2.c.
893.135
1st Trafficking in n-benzyl phenethylamines, 100 grams or more, less than 200 grams.
(1)(n)2.b.
Possession of a place used to manufacture controlled substance when minor is present
893.1351(3) 1st
or resides there.
895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
Acquire or maintain through racketeering activity any interest in or control of any
895.03(2) 1st
enterprise or real property.

51
OFFENSE SEVERITY RANKING CHART
As of July 1, 2019
Florida Felony
Description
Statute Degree
895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
Money laundering, financial transactions totaling or exceeding $20,000, but less than
896.101(5)(b) 2nd
$100,000.
Structuring transactions to evade reporting or registration requirements, financial
896.104(4)(a)2. 2nd
transactions totaling or exceeding $20,000 but less than $100,000.

LEVEL 9
Florida Felony
Description
Statute Degree
316.193
1st DUI manslaughter; failing to render aid or give information.
(3)(c)3.b.
327.35
1st BUI manslaughter; failing to render aid or give information.
(3)(c)3.b.
409.920
1st Medicaid provider fraud; $50,000 or more.
(2)(b)1.c.
Knowing sale or purchase of contraband prescription drugs resulting in great bodily
499.0051(8) 1st
harm.
Failure to report currency or payment instruments totaling or exceeding $100,000 by
560.123(8)(b)3. 1st
money transmitter.
Money transmitter business by unauthorized person, currency, or payment instruments
560.125(5)(c) 1st
totaling or exceeding $100,000.
Failure to report financial transactions totaling or exceeding $100,000 by financial
655.50(10)(b)3. 1st
institution.
775.0844 1st Aggravated white collar crime.
782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
Accomplice to murder in connection with arson, sexual battery, robbery, burglary,
782.04(3) 1st,PBL aggravated fleeing or eluding with serious bodily injury or death, and other specified
felonies.
Attempted felony murder while perpetrating or attempting to perpetrate a felony
782.051(1) 1st
enumerated in s. 782.04(3).
782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.

52
OFFENSE SEVERITY RANKING CHART
As of July 1, 2019
Florida Felony
Description
Statute Degree
787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
Kidnapping with intent to interfere with performance of any governmental or political
787.01(1)(a)4. 1st,PBL
function.
False imprisonment; child under age 13; perpetrator also commits aggravated child
787.02(3)(a) 1st,PBL abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or
exhibition.
787.06(3)(c)1. 1st Human trafficking for labor and services of an unauthorized alien child.
Human trafficking using coercion for commercial sexual activity of an unauthorized
787.06(3)(d) 1st
adult alien.
Human trafficking for commercial sexual activity by the transfer or transport of any
787.06(3)(f)1. 1st,PBL
child from outside Florida to within the state.
790.161 1st Attempted capital destructive device offense.
790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
Sexual battery; offender younger than 18 years and commits sexual battery on a
794.011(2) Life
person less than 12 years.
Sexual battery, certain circumstances; victim 12 years of age or older but younger than
794.011(4)(a) 1st,PBL
18 years; offender 18 years or older.
794.011(4)(b) 1st Sexual battery, certain circumstances; victim and offender 18 years of age or older.
Sexual battery, certain circumstances; victim 12 years of age or older; offender
794.011(4)(c) 1st
younger than 18 years.
Sexual battery, certain circumstances; victim 12 years of age or older; prior conviction
794.011(4)(d) 1st,PBL
for specified sex offenses.
Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in
794.011(8)(b) 1st,PBL
familial or custodial authority.
794.08(2) 1st Female genital mutilation; victim younger than 18 years of age.
800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
812.135(2)(b) 1st Home-invasion robbery with weapon.
Filing false lien or other unauthorized document; second or subsequent offense;
817.535(3)(b) 1st
property owner is a public officer or employee.

53
OFFENSE SEVERITY RANKING CHART
As of July 1, 2019
Florida Felony
Description
Statute Degree
Filing false claim or other unauthorized document; defendant is incarcerated or under
817.535(4)(a)2. 1st
supervision.
Filing false lien or other unauthorized document; second or subsequent offense; owner
817.535(5)(b) 1st
of the property incurs financial loss as a result of the false instrument.
2nd, Fraudulent use of personal identification information of an individual under the age of
817.568(7)
PBL 18 by his or her parent, legal guardian, or person exercising custodial authority.
827.03(2)(a) 1st Aggravated child abuse.
847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
Poisoning or introducing bacteria, radioactive materials, viruses, or chemical
859.01 1st compounds into food, drink, medicine, or water with intent to kill or injure another
person.
893.135 1st Attempted capital trafficking offense.
893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
893.135
1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
(1)(b)1.c.
893.135
1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
(1)(c)1.c.
893.135
1st Trafficking in hydrocodone, 300 grams or more, less than 30 kilograms.
(1)(c)2.d.
893.135
1st Trafficking in oxycodone, 100 grams or more, less than 30 kilograms.
(1)(c)3.d.
893.135
1st Trafficking in fentanyl, 28 grams or more.
(1)(c)4.b.(III)
893.135
1st Trafficking in phencyclidine, 400 grams or more.
(1)(d)1.c.
893.135
1st Trafficking in methaqualone, 25 kilograms or more.
(1)(e)1.c.
893.135
1st Trafficking in amphetamine, 200 grams or more.
(1)(f)1.c.
893.135
1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
(1)(h)1.c.

54
OFFENSE SEVERITY RANKING CHART
As of July 1, 2019
Florida Felony
Description
Statute Degree
893.135
1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
(1)(j)1.c.
893.135
1st Trafficking in Phenethylamines, 400 grams or more.
(1)(k)2.c.
893.135
1st Trafficking in synthetic cannabinoids, 30 kilograms or more.
(1)(m)2.d.
893.135
1st Trafficking in n-benzyl phenethylamines, 200 grams or more.
(1)(n)2.c.
896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
Structuring transactions to evade reporting or registration requirements, financial
896.104(4)(a)3. 1st
transactions totaling or exceeding $100,000.

LEVEL 10
Florida Felony
Description
Statute Degree
499.0051(9) 1st Knowing sale or purchase of contraband prescription drugs resulting in death.
782.04(2) 1st,PBL
Unlawful killing of human; act is homicide, unpremeditated.
782.07(3) 1st Aggravated manslaughter of a child.
787.01(1)(a)3. 1st,PBL
Kidnapping; inflict bodily harm upon or terrorize victim.
Kidnapping; child under age 13, perpetrator also commits aggravated child abuse,
787.01(3)(a) Life
sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
Human trafficking for commercial sexual activity of a child under the age of 18 or
787.06(3)(g) Life
mentally defective or incapacitated person.
787.06(4)(a) Life Selling or buying of minors into human trafficking.
Sexual battery; victim 12 years or older, offender uses or threatens to use deadly
794.011(3) Life
weapon or physical force to cause serious injury.
812.135(2)(a) 1st,PBL Home-invasion robbery with firearm or other deadly weapon.
876.32 1st Treason against the state.

55
APPENDIX D

NON-EXCLUSIVE FACTORS TO SUPPORT DEPARTURE

REASONS FOR DEPARTURE - MITIGATING CIRCUMSTANCES


A downward departure from the lowest permissible sentence, as calculated according to the total sentence points pursuant to s.
921.0024, is prohibited unless there are circumstances or factors that reasonably justify the downward departure. Mitigating
factors to be considered include, but are not limited to, those listed below. The imposition of a sentence below the lowest
permissible sentence is subject to appellate review under chapter 924, but the extent of downward departure is not subject to
appellate review.

Mitigating circumstances under which a departure from the lowest permissible sentence is reasonably justified include, but are not
limited to:
• departure results from a legitimate, uncoerced plea bargain.
• defendant was an accomplice to the offense and was a relatively minor participant in the criminal conduct.
• capacity of the defendant to appreciate the criminal nature of the conduct or to conform that conduct to the requirements of
law was substantially impaired.
• defendant requires specialized treatment for a mental disorder that is unrelated to substance abuse or addiction or for a
physical disability, and the defendant is amenable to treatment.
• need for payment of restitution to the victim outweighs the need for a prison sentence.
• victim was an initiator, willing participant, aggressor, or provoker of the incident.
• defendant acted under extreme duress or under the domination of another person.
• before the identity of the defendant was determined, the victim was substantially compensated.
• defendant cooperated with the state to resolve the current offense or any other offense.
• offense was committed in an unsophisticated manner and was an isolated incident for which the defendant has shown remorse.
• at the time of the offense the defendant was too young to appreciate the consequences of the offense.
• defendant is to be sentenced as a youthful offender.
• defendant’s offense is a nonviolent felony, the defendant’s Criminal Punishment Code scoresheet total sentence points under s.
921.0024 are 60 points or fewer, and the court determines that the defendant is amenable to the services of a postadjudicatory
treatment-based drug court program and is otherwise qualified to participate in the program as part of the sentence. For
purposes of this paragraph, the term “nonviolent felony” has the same meaning as provided in s. 948.08(6).
• defendant was making a good faith effort to obtain or provide medical assistance for an individual experiencing a drug-related
overdose.

Except as provided in s. 921.006 (2)(m), Fla. Stat., the defendant’s substance abuse or addiction, including intoxication at the time
of the offense, is not a mitigating factor under subsection (2) of s. 921.0026, Fla. Stat., and does not, under any circumstances,
justify a downward departure from the permissible sentencing range.

56
APPENDIX E-TABLE OF FREQUENTLY CHARGED OFFENSES WITH SEVERITY
RANKINGS

STATUTE GUIDE- LEVEL


(As on Digital LINE EFFECTIVE FELONY
Scoresheet) STATUTE SECTION CODE OFFENSE TYPE ASI DESCRIPTION LEVEL (YYYYMM) DEGREE

893.13(6)(A) 893.13 (6)(A) 9539 DRUGS, POSSESSION/OTHER POSS.MARIJUANA OVR 20 GRAMS 1 199510 3

812.014(2)(C)1 812.014 (2)(C)1 8530 GRAND THEFT, OTHER GRAND THEFT,300 L/5,000 2 199401 3

810.02(4) 810.02 (4) 2200 BURGLARY, STRUCTURE BURGUNOCCSTRUC/CV OR ATT. 4 199401 3

893.13(6)(A) 893.13 (6)(A) 9536 DRUGS, POSSESSION/OTHER POSS.CONTROL. SUBS/OTHER 3 199510 3

812.019(1) 812.019 (1) 2803 STOLEN PROPERTY TRAFFIC IN STOLEN PROPERTY 5 199401 2
DRUGS,
893.13(1)(A)1 893.13 (1)(A)1 9512 MANUFACTURE/SALE/PURCHASE COCAINE-SALE/MANUF/DELIV. 5 199401 2

893.13(6)(A) 893.13 (6)(A) 9530 DRUGS, POSSESSION/OTHER COCAINE - POSSESSION 3 199401 3

812.014(3)(C) 812.014 (3)(C) 2323 OTHER THEFT/PROPERTY DAMAGE PETIT THEFT/3RD CONVICTION 1 199401 3

812.014(2)(C)6 812.014 (2)(C)6 2404 GRAND THEFT, AUTOMOBILE GRAND THEFT MOTOR VEHICLE 4 199401 3

790.23(3) 790.23 (3) 8771 WEAPONS, POSSESSION FEL/DELI W/GUN/CONC WPN/AMMO 5 199401 2

843.01 843.01 4801 RESISTING ARREST WITH VIOLENCE RESISTING OFFICER W/VIOLEN. 5 199401 3

784.021(1)(A) 784.021 (1)(A) 1317 AGGRAVATED ASSAULT AGG ASSLT-W/WPN NO INTENT TO K 6 199401 3

322.34 322.34 9813 TRAFFIC, OTHER DRIVE W/LIC. S/R/C/D-MISD. 5

893.13(6)(A) 893.13 (6)(A) 9437 DRUGS, POSSESSION/OTHER POSSESS METHAMPHETAMINE 3 200010 3

790.01(2) 790.01 (2) 5202 WEAPONS, POSSESSION CARRYING CONCEALED FIREARM 5 199510 3

784.03(2) 784.03 (2) 1354 VIOLENT, OTHER 2+ SIMPLE BATTERY 1 200107 3

784.07(2)(B) 784.07 (2)(B) 1321 ASSAULT/BATTERY ON L.E.O. BATT.LEO/FIRFGT/EMS/ETC. 4 199401 3

810.02(3)(A,B,D) 810.02 (3)(A,B,D) 2211 BURGLARY, DWELLING BURG/DWELL/OCCUP.CONVEY 7 199401 2

810.02(3)(B) 810.02 (3)(B) 2222 BURGLARY, DWELLING BURGL UNOCC DWELLING 7 201601 2

322.34 322.34 8808 TRAFFIC, OTHER DRIV W/LIC S/R/C/D FELONY 1 199510 3
DRUGS,
893.13(1)(A)2 893.13 (1)(A)2 9516 MANUFACTURE/SALE/PURCHASE BARBITUATE-SALE/MAN/DEL 3 199401 3

784.041(1) 784.041 (1) 1351 VIOLENT, OTHER FELONY BATTERY 6 199710 3

812.13(2)(C) 812.13 (2)(C) 1214 ROBBERY WITHOUT WEAPON ROBB. NO GUN/DDLY.WPN 6 199401 2

951.22(1) 951.22 (1) 4827 CRIMINAL JUSTICE SYSTEM CONTRABAND, CO DETENTN FAC 6 199401 3

316.1935(2) 316.1935 (2) 4920 ESCAPE WILLFUL FLEE/ELUDE LEO 3 199810 3

812.13(2)(A) 812.13 (2)(A) 1212 ROBBERY WITH WEAPON ROBB. GUN OR DEADLY WPN 9 199401 P

57
784.045(1)(A)2 784.045 (1)(A)2 1320 AGGRAVATED BATTERY AGG BATTERY/W/DEADLY WEAPON 7 199401 2

817.568(2)(A) 817.568 (2)(A) 8563 FORGERY/COUNTERFEITING FRAUD. USE OF ID LT $75 K 4 200107 3

784.041(2) 784.041 (2) 1361 ASSAULT/BATTERY, OTHER DOMESTIC BATT STRANGLE 6 200710 3
DRUGS,
893.13(1)(A)2 893.13 (1)(A)2 9514 MANUFACTURE/SALE/PURCHASE MARIJUANA-SALE/MANUF/DEL 3 199401 3

827.03(2)(D) 827.03 (2)(D) 3896 ABUSE OF CHILDREN CHILD NEGLECT 6 201210 3

893.13(6)(A) 893.13 (6)(A) 9531 DRUGS, POSSESSION/OTHER HEROIN-POSS.LESS/10 GRAMS 3 199510 3

918.13(1)(A) 918.13 (1)(A) 4802 CRIMINAL JUSTICE SYSTEM OBSTRUCT CRIME INVESTIGATION 3 199401 3

817.034(4)(A)3 817.034 (4)(A)3 2629 FRAUDULENT PRACTICES ORG.FRAUD - UNDER $20,000 3 199401 3

790.23 790.23 5203 WEAPONS, POSSESSION POSS.FIREARM BY FELON 2

831.09 831.09 8551 FORGERY/COUNTERFEITING UTTERING FORGED BILLS 2 199401 3

943.0435(9) 943.0435 (9) 5027 CRIMINAL JUSTICE SYSTEM SX OFFNDR FAIL COMPLY PSIA 7 200509 3

827.03(2)(C) 827.03 (2)(C) 3897 ABUSE OF CHILDREN WILLFUL CHILD ABUSE 6 201210 3

806.13(1)(B)3 806.13 (1)(B)3 2900 BURGLARY/TRESPASS, OTHER CRIMINAL MISCHIEF/PROP.DAMAGE 2 199401 3

810.02(3)(A) 810.02 (3)(A) 2221 BURGLARY, DWELLING BURGL OCCUPIED DWELLING 7 201601 2

316.1935(3)(A) 316.1935 (3)(A) 4927 ESCAPE FLEE LEO/NO REGARD 4 200407 2


BURGLARY, ARMED W/EXP. OR
810.02(2)(B) 810.02 (2)(B) 2209 BURGLARY, ARMED WEAPO 8 199401 P

817.61 817.61 8580 FRAUDULENT PRACTICES FRAUD-CREDIT-CARD 2 199401 3

784.08(2)(C) 784.08 (2)(C) 1334 ASSAULT/BATTERY, OTHER BATTERY UPON PERSON 65/OLDER 4 199510 3

812.014(2)(C)3 812.014 (2)(C)3 8532 GRAND THEFT, OTHER GRAND THEFT $10K L/$20K 4 199401 3

810.02(2)(A) 810.02 (2)(A) 2208 BURGLARY WITH ASSAULT BURGLARY ASSAULT ANY PERSON 8 199401 P

316.1935(1) 316.1935 (1) 9838 ESCAPE FLEE/ELUDE LEO-MISD. 5

316.193(2)(B)1 316.193 (2)(B)1 8823 DUI, NO INJURY FELONY DUI 3RD CONV. 3 200207 3
DRUGS,
893.13(1)(A)1 893.13 (1)(A)1 9423 MANUFACTURE/SALE/PURCHASE S/M/D OTH SCH I & II 5 200107 2

784.045 784.045 1322 AGGRAVATED BATTERY AGGRAVATED BATTERY 4 199401 3

817.568(2) 817.568 (2) 8562 FORGERY/COUNTERFEITING FRAUD USE OF PERSONAL ID 4 200307 3

812.014(2)(B)1 812.014 (2)(B)1 2329 GRAND THEFT, OTHER GRAND THEFT O/20,000 L/$100,00 6 199401 2

893.135(1)(C)1A 893.135 (1)(C)1A 9571 DRUGS, TRAFFICKING TRAFF ILL DRUGS 4-U/14 GRAMS 7 199401 1

539.001(8)(B)8A 539.001 (8)(B)8A 6252 FRAUDULENT PRACTICES FALS INF. TO PWNBRKR<$300 1 199801 3

787.02(2) 787.02 (2) 1010 KIDNAPPING FALS.IMPRSN-NO 787.01 INT 6 199401 3

827.03(1)(B-C) 827.03 (1)(B-C) 3828 ABUSE OF CHILDREN ABUSE CHILD 6 199610 3

58
784.021(1)(B) 784.021 (1)(B) 1318 AGGRAVATED ASSAULT AGG ASSLT-INTENT COMMIT FELONY 6 199401 3

316.1935(1) 316.1935 (1) 4923 ESCAPE FLEE/ELUDE LEO-FELONY 1 200407 3

790.19 790.19 5231 WEAPONS, DISCHARGING SHOOT/THROW MISSILE-BLDG/VEH. 6 199401 2

782.04(2) 782.04 (2) 914 2ND DEGREE MURDER 2ND DEG.MURD, DANGEROUS ACT 10 199401 P

316.027(2)(A) 316.027 (2)(A) 8814 LEAVE ACCIDENT WITH INJURY/DEATH LVE CRASH OTHR THAN SER INJ 5 201407 3

812.131(2)(B) 812.131 (2)(B) 1219 ROBBERY WITHOUT WEAPON SUDDEN SNATCH NO WEAPON 5 199910 3

784.045(1)(B) 784.045 (1)(B) 1329 AGGRAVATED BATTERY AGGRAV.BATTERY, VICTIM PREGNANT 7 199401 2
DRUGS,
893.13(1)(A)1 893.13 (1)(A)1 9430 MANUFACTURE/SALE/PURCHASE S/M/D METH 5 200010 2
DRUGS,
893.13(1)(C)1 893.13 (1)(C)1 9502 MANUFACTURE/SALE/PURCHASE SELL/ETC.COC/HER.1000FT SCH 7 199401 1
DRUGS,
893.13(1)(E)1 893.13 (1)(E)1 9519 MANUFACTURE/SALE/PURCHASE SALE COC. ETC. 1K FT.REL/BS 7 199710 1

893.135(1)(B)1A 893.135 (1)(B)1A 9570 DRUGS, TRAFFICKING TRAFF COCAINE 28-U/200GR 7 199401 1

316.193(2)(B)3 316.193 (2)(B)3 5406 DUI, NO INJURY FELONY DUI 4TH/SUBS.CONV. 6 199401 3

812.014(2)(C)2 812.014 (2)(C)2 8531 GRAND THEFT, OTHER GRAND THEFT $5KL/$10K 3 199401 3

831 831 8541 FORGERY/COUNTERFEITING UTTER FORGED INSTRUMENT 2 199401 3

843.15(1)(A) 843.15 (1)(A) 5017 CRIMINAL JUSTICE SYSTEM FAIL.TO APPEAR/FEL.BAIL 4 199401 3

784.082(3) 784.082 (3) 1339 ASSAULT/BATTERY, OTHER BATTERY BY DETAINEE 4 199610 3

316.1935(3) 316.1935 (3) 4921 ESCAPE FLEE LEO/HISPEED, NO REGARD 4 199810 2


DRUGS,
893.13(1)(A)2 893.13 (1)(A)2 9513 MANUFACTURE/SALE/PURCHASE OTH.DRUG-SALE/MANUF/DELIV 3 199401 3

812.13(2)(B) 812.13 (2)(B) 1213 ROBBERY WITH WEAPON ROBB. WPN-NOT DEADLY 8 199401 1

784.045(1)(A)1 784.045 (1)(A)1 1319 AGGRAVATED BATTERY AGG BATTERY INTENDED HARM 7 199401 2

414.39 414.39 3809 FRAUDULENT PRACTICES FAM.SERV. FRAUD $200 OR MORE 1 199401 3

414.39(5)(B) 414.39 (5)(B) 2550 FRAUDULENT PRACTICES PUB ASST FRAUD $200<$20K 1 201410 3

827.071(5) 827.071 (5) 1135 LEWD/LASCIVIOUS BEHAVIOR POSS PHOTO ETC CHILD SEX PERF 5 200507 3

784.048(4) 784.048 (4) 1342 AGGRAVATED STALKING AGG.STALK-VIOL.COURT ORDER 7 199510 3

944.40 944.4 8731 ESCAPE ESCAPE 6 199401 2

800.04(5)(B) 800.04 (5)(B) 3622 LEWD/LASCIVIOUS BEHAVIOR L/L MOLEST V<12 OFF 18+ 9 199910 L

893.135(1)(F)1(A) 893.135 (1)(F)1(A) 9573 DRUGS, TRAFFICKING TRAFF AMPH. 14-U/28 GRAMS 7 199401 1

812.015(8) 812.015 (8) 2353 OTHER THEFT/PROPERTY DAMAGE RETAIL THEFT $300+ 5 200107 3
DRUGS,
893.13(1)(A)1 893.13 (1)(A)1 9510 MANUFACTURE/SALE/PURCHASE HEROIN-SALE, MANUF/DELIVER 5 199401 2

831.01 831.01 2500 FORGERY/COUNTERFEITING FORGERY/UTTERING 2 199401 3

59
810.02(3)(C) 810.02 (3)(C) 2210 BURGLARY, STRUCTURE BURG/N/ASSLT/OCC.STRUCT. 6 199401 2

836.10 836.1 8522 VIOLENT, OTHER WRITTEN THREATS KILL/INJ 6 199401 2

847.0135(4) 847.0135 (4) 1156 LEWD/LASCIVIOUS BEHAVIOR TRVL MEET WWW FS 794,800,827 7 200707 2

784.07(2)(C) 784.07 (2)(C) 1328 ASSAULT/BATTERY ON L.E.O. AGG.ASSLT/LEO/FIREFGT/EMS/ETC. 6 199401 2

782.04(1) 782.04 (1) 913 CAPITAL MURDER 1ST DG MUR/PREMED. OR ATT. 98 199401 C

812.014(2)(C)5 812.014 (2)(C)5 2320 GRAND THEFT, OTHER GRAND THEFT FIREARM 4 199401 3

934.215 934.215 1520 OTHER 2-WAY COMM.-COMMIT FELONY 4 200107 3

812.155(1-3) 812.155 (1-3) 2698 FRAUDULENT PRACTICES FRAUD-RENTAL PROPERTY $300 1 199401 3

893.1351(2) 893.1351 (2) 9605 DRUGS, TRAFFICKING POSS PLACE TRAFF/MAN SUBST 7 200807 2

316.027(1)(A) 316.027 (1)(A) 8812 LEAVE ACCIDENT WITH INJURY/DEATH LEAVE CRASH W/INJURY 5 199510 3

812.014(2)(D) 812.014 (2)(D) 8533 GRAND THEFT, OTHER GR. THEFT $100-300 DWELLING 2 199610 3
DRUGS,
893.13(1)(E)2 893.13 (1)(E)2 9518 MANUFACTURE/SALE/PURCHASE SALE MAR.ETC. 1K FT.REL/BS 5 199710 2

800.04(4)(A)1. 800.04 (4)(A)1. 1095 2ND DEGREE SEXUAL BATTERY L&L BATT MINOR 8 201410 2

60

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