Bill Text: FL S1904 | 2021 | Regular Session | Introduced
Bill Title: Sentencing Calculations Under the Criminal Punishment Code
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2021-04-30 - Died in Governmental Oversight and Accountability [S1904 Detail]
Download: Florida-2021-S1904-Introduced.html
Florida Senate - 2021 SB 1904 By Senator Bracy 11-01779-21 20211904__ 1 A bill to be entitled 2 An act relating to sentencing calculations under the 3 Criminal Punishment Code; amending s. 921.002, F.S.; 4 providing that a sentencing judge’s decision regarding 5 sentencing is guided by a computed recommended 6 sentencing range, from the lowest permissible sentence 7 to the highest recommended prison sentence; removing a 8 limitation on sentence appeals for cases in which the 9 sentence imposed is lower than the lowest permissible 10 sentence or sentence appeals under other specified 11 circumstances; amending s. 921.0024, F.S.; increasing 12 the minimum number of sentence points for a state 13 prison sanction; revising the calculation of the 14 lowest permissible sentence; requiring a calculation 15 of the highest recommended prison sentence under 16 specified circumstances; providing a recommended range 17 for sentencing; providing an effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. Present paragraphs (f) and (g) of subsection (1) 22 of section 921.002, Florida Statutes, are redesignated as 23 paragraphs (g) and (h), respectively, a new paragraph (f) is 24 added to that subsection, and present paragraph (h) of that 25 subsection is amended, to read: 26 921.002 The Criminal Punishment Code.—The Criminal 27 Punishment Code shall apply to all felony offenses, except 28 capital felonies, committed on or after October 1, 1998. 29 (1) The provision of criminal penalties and of limitations 30 upon the application of such penalties is a matter of 31 predominantly substantive law and, as such, is a matter properly 32 addressed by the Legislature. The Legislature, in the exercise 33 of its authority and responsibility to establish sentencing 34 criteria, to provide for the imposition of criminal penalties, 35 and to make the best use of state prisons so that violent 36 criminal offenders are appropriately incarcerated, has 37 determined that it is in the best interest of the state to 38 develop, implement, and revise a sentencing policy. The Criminal 39 Punishment Code embodies the principles that: 40 (f) The sentence imposed by the sentencing judge is guided 41 by the computed sentencing range, which is from the lowest 42 permissible sentence to the highest recommended sentence, under 43 the code. 44(h)A sentence may be appealed on the basis that it departs45from the Criminal Punishment Code only if the sentence is below46the lowest permissible sentence or as enumerated in s.47924.06(1).48 Section 2. Subsection (2) of section 921.0024, Florida 49 Statutes, is amended to read: 50 921.0024 Criminal Punishment Code; worksheet computations; 51 scoresheets.— 52 (2) The lowest permissible sentence is the minimum sentence 53 that may be imposed by the trial court, absent a valid reason 54 for departure. When the total sentence points are fewer than 52 55 points, the lowest permissible sentence is any nonstate prison 56 sanction and the highest recommended sentence is 12 months of 57 nonstate incarcerationThe lowest permissible sentence is any58nonstate prison sanction in which the total sentence points59equals or is less than 44 points, unless the court determines60within its discretion that a prison sentence, which may be up to61the statutory maximums for the offenses committed, is62appropriate. When the total sentence points exceeds 524463 points, the lowest permissible sentence in prison months is 64shall becalculated by subtracting 3628points from the total 65 sentence points and decreasing the remaining total by 25 66 percent. When the total sentence points exceeds 52 points, the 67 highest recommended prison sentence in prison months is 68 calculated by subtracting 36 points from the total sentence 69 points and increasing the remaining total by 25 percent. The 70 total sentence points areshall becalculatedonlyas a means of 71 determining the recommended sentencing range, which is from the 72 lowest permissible sentence to the highest recommended prison 73 sentence. The permissible range for sentencing isshall bethe 74 lowest permissible sentence up to and including the statutory 75 maximum, as defined in s. 775.082, for the primary offense and 76 any additional offenses before the court for sentencing. The 77 sentencing court may impose such sentences concurrently or 78 consecutively. However, any sentence to state prison must exceed 79 1 year. If the lowest permissible sentence under the code 80 exceeds the statutory maximum sentence as provided in s. 81 775.082, the sentence required by the code must be imposed. If 82 the total sentence points are greater than or equal to 363, the 83 court may sentence the offender to life imprisonment. An 84 offender sentenced to life imprisonment under this section is 85 not eligible for any form of discretionary early release, except 86 executive clemency or conditional medical release under s. 87 947.149. 88 Section 3. This act shall take effect July 1, 2021.