In Re: Amendments To Florida Rules Of Criminal Procedure – Rule 3.704 And Rules 3.992

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Supreme Court of Florida ____________ No. SC07-484 ____________ IN RE: AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE RULE 3.704 AND RULE 3.992. [April 19, 2007] PER CURIAM. The Supreme Court Criminal Court Steering Committee (Committee) has filed an emergency petition proposing amendments to the Florida Rules of Criminal Procedure to conform the rules to recent legislation.1 We have jurisdiction. See art. V, § 2(a), Fla. Const. In chapter 2007-2, section 5, Laws of Florida, as part of the Anti-Murder Act, effective March 12, 2007, the Legislature amended section 921.0024(1)(b), Florida Statutes, to mandate the assessment of community sanction violation points for violations occurring on or after March 12, 2007, of probation or community control by a violent felony offender of special concern as defined in section 1. The proposed amendments conform the rules to chapter 2007-2, section 5, Laws of Florida (amending section 921.0024(1)(b), Florida Statutes). 948.06, Florida Statutes (2006). Specifically, twelve community sanction violation points must be assessed for violations by qualifying offenders, other than violations that involve a failure to pay costs or fines or to make restitution or that include a new felony conviction. Twenty-four community sanction violation points must be assessed for a violation by a qualifying offender based upon a new felony conviction. The Committee proposes amendments to rule 3.704, The Criminal Punishment Code, and having consulted with the Florida Department of Corrections, 2 to rule 3.992, Criminal Punishment Code Scoresheets. Rule 3.704(d)(16) governs the assessment of community sanction violation points. The amendment to rule 3.704(d)(16) adds the two new alternative provisions for imposition of community sanction points as established by chapter 2007-2, section 5, Laws of Florida, for violations occurring on or after March 12, 2007. The proposed amendments to rule 3.992(a) add the two new alternative provisions to the Criminal Punishment Code Scoresheet, revise the Effective Date footer on the scoresheet, and include several technical changes. The proposed amendment to 2. Section 921.0024(4), Florida Statutes (2006), requires that the Department of Corrections develop and submit the revised Criminal Punishment Code Scoresheet to the Court for approval by June 15 of each year, as necessary, in consultation with the Office of the State Courts Administrator, state attorneys, and public defenders. -2- rule 3.992(b), the Supplemental Criminal Punishment Scoresheet, is limited to revising the Effective Date footer. After considering the Committee s proposals and reviewing the relevant legislation, we adopt the proposed amendments with minor modifications. Accordingly, we adopt rule 3.704(d)(16) and the criminal punishment code scoresheets found at rules 3.992(a) and 3.992(b), as reflected in the appendix to this opinion. New language is indicated by underscoring, and deleted language is struck through. The amendments shall become effective immediately upon release of this opinion. However, because the Court did not publish the amendments for comment prior to their adoption, interested persons shall have sixty days from the date of this opinion in which to file comments with the Court. 3 It is so ordered. LEWIS, C.J., and WELLS, ANSTEAD, PARIENTE, QUINCE, CANTERO, and BELL, JJ., concur. 3. An original and nine paper copies of all comments must be filed with the Court on or before June 19, 2007, with a certificate of service verifying that a copy has been served on the Committee Chair, Honorable O. H. Eaton, Jr., Circuit Judge, Eighteenth Judicial Circuit, 101 Bush Blvd., Sanford, Florida 32773, as well as separate request for oral argument if the person filing the comment wishes to participate in oral argument, which may be scheduled in this case. The Committee Chair has until July 10, 2007, to file a response to any comments filed with the Court. Electronic copies of all comments and responses also must be filed in accordance with the Court s administrative order In re Mandatory Submission of Electronic Copies of Documents, Fla. Admin. Order No. AOSC04-84 (Sept. 13, 2004). -3- NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION, AND IF FILED, DETERMINED. Original Proceeding Florida Rules of Criminal Procedure The Honorable O. H. Eaton, Jr., Chair, Criminal Court Steering Committee, Circuit Judge, Eighteenth Judicial Circuit, Sanford, Florida, for Petitioner -4- APPENDIX RULE 3.704 THE CRIMINAL PUNISHMENT CODE (a)-(c) [No Change] (d) General Rules and Definitions (1)-(15) [No Change] (16) Community sanction violation points occur when the offender is found to have violated a 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)-(28) [No Change] Committee Notes [No Change] -5- RULE 3.992 CRIMINAL PUNISHMENT CODE SCORESHEETS (a) Criminal Punishment Code Scoresheet 1. DATE OF SENTENCE 5. NAME (LAST, FIRST, MI.I.) DC SAO 6. DOB 3. COUNTY 4. SENTENCING JUDGE 8. RACE 2. PREPARER S NAME 10. PRIMARY OFF. DATE B 7. DC # PRIMARY OFFENSE: FELONY DEGREE _______/ PLEA OTHER 11. PRIMARY DOCKET # 9. GENDER M I. W 12. TRIAL F If Qualifier, please check ____A ____S ____C ____R (A=Attempt, S=Solicitation, C=Conspiracy, R=Reclassification) F.S.# DESCRIPTION OFFENSE LEVEL ___________/ ___________________________________________/ POINTS __________/ (Level - Points: 1=4, 2=10, 3=16, 4=22, 5=28, 6=36, 7=56, 8=74, 9=92, 10=116) I. Prior capital felony triples Primary Offense points II. ________ ADDITIONAL OFFENSE(S): Supplemental page attached DOCKET# FEL/MM DEGREE _____________/ _________/ F.S.# OFFENSE LEVEL _________ ______________/ QUALIFY A S C R COUNTS _______ POINTS x TOTAL ______ = ______ 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) Supplemental page points________ Prior capital felony triples Additional Offense points II. III. ________ VICTIM INJURY: 2nd Degree Murder Death Severe Moderate 240 x 120 x 40 x 18 x Number _______ _______ _______ _______ = = = = Total _______ _______ _______ _______ Slight Sex Penetration Sex Contact 4x 80 x 40 x Number _______ = _______ = _______ = Total ________ ________ ________ III. IV. PRIOR RECORD: Supplemental page attached FEL/MM F.S.# OFFENSE QUALIFY: DEGREE LEVEL A S C R DESCRIPTION / / / / / / / (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) NUMBER POINTS X X X X X X X TOTAL = = = = = = = Supplemental page points _______ IV. ___ ______ _________ Page 1 Subtotal: ________ Effective Date: For offenses committed under the Criminal Punishment Code effective for offenses committed on or after October 1, 1998, and subsequent revisions. Page 1 Subtotal: ________ V. Legal Status violation = 4 Points V. ______ VI. Community Sanction violation before the court for sentencing VI. _______ 6 points x each successive violation OR New felony conviction = 12 points x each successive violation OR 12 points x each successive violation for a violent felony offender of special concern OR New felony conviction = 24 points x each successive violation for a violent felony offender of special concern 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 Enforcement Protection Drug Trafficking Grand Theft Motor Vehicle Street Gang Domestic Violence (offenses committed on or after10-1-97) ___x 1.5 ___ x 2.0 ___ x 2.5 ___ x 1.5 ____ x 1.5 ___ x 1.5 ___ x 1.5 Enhanced Subtotal Sentence Points IX. TOTAL SENTENCE POINTS ______ ___________ SENTENCE COMPUTATION ___________________ If total sentence points are less than or equal to 44, the lowest permissible sentence is any 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 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 ___________ Please check if sentenced as or a habitual offender, habitual violent offender, violent career criminal, prison releasee reoffender, mandatory minimum applies. Mitigated Departure Plea Bargain 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. -6- (b) Supplemental Criminal Punishment Code Scoresheet NAME (LAST, FIRST, MI.I) DATE OF SENTENCE DOCKET # II. ADDITIONAL OFFENSES(S): DOCKET# FEL/MM F.S# OFFENSE DEGREE __________/ LEVEL ________/ _____________/ QUALIFY COUNTS A POINTS POINTS S C R ___________ _______ x _______ = _______ _______ x _______ = _______ _______ x _______ = _______ _______ x _______ = _______ _______ x _______ = _______ DESCRIPTION _________________________________________ __________/ ________/ _____________/ ___________ DESCRIPTION _________________________________________ __________/ ________/ _____________/ ___________ DESCRIPTION _________________________________________ __________/ ________/ _____________/ ___________ 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: LEVEL DEGREE A S C R DESCRIPTION NUMBER POINTS TOTAL / 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. The defendant is to be sentenced as a youthful offender. Pursuant to 921.0026(3) the defendant s substance abuse or addiction does not justify a downward departure from the lowest permissible sentence. Effective Date: For offenses committed under the Criminal Punishment Code effective for offenses committed on or after October 1, 1998, and subsequent revisions. -7-

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