F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1615 2021
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 to 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; providing
16 a recommended range for sentencing; providing an
17 effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Paragraphs (f) through (i) of subsection (1) of
22 section 921.002, Florida Statutes, are redesignated as
23 paragraphs (g) through (j), respectively, present paragraph (h)
24 of that subsection is amended, and a new paragraph (f) is added
25 to that subsection, to read:
Page 1 of 4
CODING: Words stricken are deletions; words underlined are additions.
hb1615-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1615 2021
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
45 departs from the Criminal Punishment Code only if the sentence
46 is below the lowest permissible sentence or as enumerated in s.
47 924.06(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;
Page 2 of 4
CODING: Words stricken are deletions; words underlined are additions.
hb1615-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1615 2021
51 scoresheets.—
52 (2) The lowest permissible sentence is the minimum
53 sentence that may be imposed by the trial court, absent a valid
54 reason for departure. When the total sentence points are less
55 than 52 points, the lowest permissible sentence is any nonstate
56 prison sanction and the highest recommended sentence is 12
57 months of nonstate incarceration. The lowest permissible
58 sentence is any nonstate prison sanction in which the total
59 sentence points equals or is less than 44 points, unless the
60 court determines within its discretion that a prison sentence,
61 which may be up to the statutory maximums for the offenses
62 committed, is appropriate. When the total sentence points
63 exceeds 52 44 points, the lowest permissible sentence in prison
64 months is shall be calculated by subtracting 36 28 points from
65 the total sentence points and decreasing the remaining total by
66 25 percent. When the total sentence points exceed 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 are shall be calculated only as 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 is shall be the
74 lowest permissible sentence up to and including the statutory
75 maximum, as defined in s. 775.082, for the primary offense and
Page 3 of 4
CODING: Words stricken are deletions; words underlined are additions.
hb1615-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1615 2021
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.
Page 4 of 4
CODING: Words stricken are deletions; words underlined are additions.
hb1615-00


Statutes affected:
H 1615 Filed: 921.0024