Bill Summary – FastDemocracy

The Florida Senate
                    BILL ANALYSIS AND FISCAL IMPACT STATEMENT
                (This document is based on the provisions contained in the legislation as of the latest date listed below.)
                             Prepared By: The Professional Staff of the Committee on Judiciary
BILL:             SB 1498
INTRODUCER:       Senator Pizzo and others
SUBJECT:          Renaming the Criminal Punishment Code
DATE:             March 22, 2021                  REVISED:
           ANALYST                      STAFF DIRECTOR                 REFERENCE                                 ACTION
1. Erickson                           Jones                                  CJ             Favorable
2. Ravelo                             Cibula                                 JU             Favorable
3.                                                                           RC
    I.    Summary:
          SB 1498 renames the Criminal Punishment Code (Code), Florida’s primary sentencing policy for
          noncapital felonies, as the Public Safety Code.
          The Code currently emphasizes that while rehabilitation is a desired goal of the criminal justice
          system, it remains subordinate to the goal of punishment. The bill revises this statement to
          provide that: rehabilitation, while a desired goal, is subordinate to the goal of public safety. The
          bill retains the provision of current law which states that the primary purpose of sentencing is to
          punish the offender.
          The bill should not have any prison bed impact because it does not change how sentences are
          currently calculated under the Criminal Punishment Code, modify existing penalties, or create
          new penalties.
          The effective date of the bill is July 1, 2021.
    II.   Present Situation:
          In 1997, the Legislature enacted the Criminal Punishment Code1 (Code) as Florida’s “primary
          sentencing policy.”2 The primary purpose of the Code is to “punish the offender.”3
          “Rehabilitation is a desired goal of the criminal justice system but is subordinate to the goal of
          punishment.”4 Noncapital felonies sentenced under the Code receive an offense severity level
1
  Sections 921.002-921.0027, F.S. The Code is effective for offenses committed on or after October 1, 1998.
2
  See chs. 97-194 and 98-204, Laws of Fla.
3
  Section 921.002(1)(b), F.S.
4
  Id.
BILL:   SB 1498                                                                                                         Page 2
         ranking (Levels 1-10).5 Points are assigned and accrue based upon the level ranking assigned to
         the primary offense, additional offenses, and prior offenses.6 Sentence points escalate as the level
         escalates. Points may be added or multiplied for other factors such as victim injury or the
         commission of certain drug trafficking offenses. The lowest permissible sentence is any nonstate
         prison sanction in which total sentence points equal or are less than 44 points, unless the court
         determines that a prison sentence is appropriate. If total sentence points exceed 44 points, the
         lowest permissible sentence in prison months is calculated by subtracting 28 points from the total
         sentence points and decreasing the remaining total by 25 percent.
         Absent mitigation,7 the permissible sentencing range under the Code is generally the scored
         lowest permissible sentence up to, and including, the maximum sentence provided in s. 775.082,
         F.S.8 However, if the offender’s offense has a mandatory minimum term that is greater than the
         scored lowest permissible sentence, the mandatory minimum term supersedes the lowest
         permissible sentence scored.9 Further, some offenders may qualify for prison diversion under
         various sections of the Florida Statutes.10
III.     Effect of Proposed Changes:
         The bill amends numerous statutes (see “Statutes Affected” section of this analysis) to rename
         the Criminal Punishment Code (Code), Florida’s primary sentencing policy for noncapital
         felonies, as the Public Safety Code.
         The bill amends s. 921.002, F.S., of the Code, which, in part, specifies that rehabilitation, while a
         desired goal of the criminal justice system, is subordinate to the goal of punishment. The bill
         revises this statement to emphasize that rehabilitation, while a desired goal, is subordinate to the
         goal of public safety.
         The effective date of the bill is July 1, 2021.
5
  Offenses are either ranked in the offense severity level ranking chart in s. 921.0022, F.S., or are ranked by default based on
a ranking assigned to the felony degree of the offense as provided in s. 921.0023, F.S.
6
  Section 921.0024, F.S. Unless otherwise noted, information on the Code is from this source.
7
  The court may “mitigate” (reduce) the scored lowest permissible sentence if the court finds a mitigating circumstance.
Sections 921.002(1)(g) and (3), 921.0026(1), and 921.00265(1) and (2), F.S. Section 921.0026(2), F.S., provides a list of
mitigating circumstances. This type of sentence is often referred to as a “downward departure” sentence.
8
  Sections 921.002(1)(g) and 921.0024(2), F.S. The sentencing court may impose sentences concurrently or consecutively. A
prison sentence must exceed 1 year. If the scored lowest permissible sentence exceeds the maximum penalty in s. 775.082,
F.S., the sentence required by the Code must be imposed. If total sentence points are greater than or equal to 363 points, the
court may sentence the offender to life imprisonment. Section 921.0024(2), F.S.
9
  Fla. R. Crim. P. 3.704(d)(26).
10
   See e.g., s. 775.082(10), F.S. (diversion for an offender whose offense is a nonviolent third degree felony and whose total
sentence points are 22 points or fewer); s. 921.00241, F.S. (diversion into a Department of Corrections’ prison diversion
program for certain nonviolent third degree felony offenders); and s. 948.01, F.S. (diversion into a postadjudicatory
treatment-based drug court program for certain nonviolent felony offenders).
BILL:   SB 1498                                                                                         Page 3
IV.      Constitutional Issues:
         A.       Municipality/County Mandates Restrictions:
                  The bill does not appear to require cities and counties to expend funds or limit their
                  authority to raise revenue or receive state-shared revenues as specified by article VII,
                  section 18 of the Florida Constitution.
         B.       Public Records/Open Meetings Issues:
                  None.
         C.       Trust Funds Restrictions:
                  None.
         D.       State Tax or Fee Increases:
                  None.
         E.       Other Constitutional Issues:
                  None identified.
 V.      Fiscal Impact Statement:
         A.       Tax/Fee Issues:
                  None.
         B.       Private Sector Impact:
                  None.
         C.       Government Sector Impact:
                  SB 1498 should not have any prison bed impact because it does not change how
                  sentences are currently calculated under the Criminal Punishment Code, modify existing
                  penalties, or create new penalties.
VI.      Technical Deficiencies:
         None.
VII.     Related Issues:
         None.
 BILL:   SB 1498                                                                                                                        Page 4
VIII.     Statutes Affected:
          This bill substantially amends the following sections of the Florida Statutes: 775.082, 775.087,
          782.051, 817.568, 893.13, 893.20, 910.035, 921.002, 921.0022, 921.0023, 921.0024, 921.0025,
          921.0026, 921.0027, 924.06, 924.07, 944.17, 948.01, 948.015, 948.06, 948.20, 948.51, 958.04,
          and 985.465.
 IX.      Additional Information:
          A.       Committee Substitute – Statement of Changes:
                   (Summarizing differences between the Committee Substitute and the prior version of the bill.)
                   None.
          B.       Amendments:
                   None.
           This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Statutes affected: 
S 1498 Filed: 782.051, 817.568, 893.13, 910.035, 921.0022, 921.0023, 921.0024, 921.0025, 921.0026, 921.0027, 924.06, 924.07, 948.01, 948.015, 948.06, 948.20, 948.51, 958.04, 985.465, 921.002, 893.20