Florida Scoresheets and Minimum Sentencing Guidelines
by
Lazaro Grael Blanco on Mar. 10, 2015
Summary: The Florida Scoresheet controls the minimum legal sentences in felony circuit court cases.
Under the Florida sentencing guidelines, there is a point system used. Anything over 44 points in Florida requires a minimum prison sentence is Florida. For example, if your offenses add up to 45 points, then you are required to be sentenced to approximately 13 months in the Florida Department of Corrections. The formula is as follows: (45-28)*0.75 = 12.75 months. That is approximately 13 months. Just adjust the points in the formula provided and that will give you the minimum required sentence. There are certain exceptions where a Judge would be allowed to sentence a defendant to less than what is required in the scoresheet. The type of sentence would be considered a downward departure sentence. The reasons for a downward departure sentence will be discussed with the applicable Florida statutes. The exact wording of the law is listed below:
Under Florida Statute 921.0026 - Mitigating circumstances
Under Florida Statute 921.0026 - Mitigating circumstances
(2) Mitigating
circumstances under which a departure from the lowest permissible
sentence is reasonably justified include, but are not limited to:
(a) The departure results from a legitimate, uncoerced plea bargain.
(b) The defendant was an accomplice to the offense and was a relatively minor participant in the criminal conduct.
(c) 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.
(d) 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.
(e) The need for payment of restitution to the victim outweighs the need for a prison sentence.
(f) The victim was an initiator, willing participant, aggressor, or provoker of the incident.
(g) The defendant acted under extreme duress or under the domination of another person.
(h) Before the identity of the defendant was determined, the victim was substantially compensated.
(i) The defendant cooperated with the state to resolve the current offense or any other offense.
(j) The offense was committed in an unsophisticated manner and was an isolated incident for which the defendant has shown remorse.
(k) At the time of the offense the defendant was too young to appreciate the consequences of the offense.
(l) The defendant is to be sentenced as a youthful offender.
(m) The
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).
Keep in mind that there may be other situations in which a defendant may not be able to be given a downward departure. If the defendants charge requires a minimum MANDATORY sentence, then a downward departure sentence may not be allowed unless that particular minimum mandatory is waived. For example, a prison releasee reoffender may be required to be sentenced to a maximum sentence under certain circumstances. More articles are to follow.
Keep in mind that there may be other situations in which a defendant may not be able to be given a downward departure. If the defendants charge requires a minimum MANDATORY sentence, then a downward departure sentence may not be allowed unless that particular minimum mandatory is waived. For example, a prison releasee reoffender may be required to be sentenced to a maximum sentence under certain circumstances. More articles are to follow.
