In Re: Amendments to Florida Rules of Criminal Procedure - 2025 Legislation

Supreme Court of Florida
____________

No. SC2025-1496
____________

IN RE: AMENDMENTS TO FLORIDA RULES OF CRIMINAL
PROCEDURE - 2025 LEGISLATION.

November 6, 2025

PER CURIAM.

In response to recent legislation, The Florida Bar’s Criminal

Procedure Rules Committee has filed a “fast-track” report proposing

amendments to Florida Rules of Criminal Procedure 3.112

(Minimum Standards for Attorneys in Capital Cases), 3.131 (Pretrial

Release), 3.202 (Expert Testimony of Mental Mitigation During

Penalty Phase of Capital Trial; Notice and Examination by State

Expert), 3.203 (Defendant’s Intellectual Disability as a Bar to

Imposition of the Death Penalty), and 3.704 (The Criminal

Punishment Code). 1 The Committee voted 31-0-0 to approve the

proposed amendments to rules 3.112, 3.202, 3.203, and 3.704 and

1. We have jurisdiction. See art. V, § 2(a), Fla. Const.; see
also Fla. R. Gen. Prac. & Jud. Admin. 2.140(e).
voted 27-3-1 in favor of the proposal to amend rule 3.131. The

Committee did not publish its proposal before filing it with the

Court. After considering the Committee’s proposal and the relevant

legislation, we amend the Florida Rules of Criminal Procedure as

proposed by the Committee. The more significant revisions are

discussed below.

We amend rule 3.131 to create new subdivision (f)(2), which

states that the “court must revoke pretrial release for a person who

commits a violation of section 843.23, Florida Statutes, while the

person is on pretrial release.” This is consistent with the statutory

changes to section 843.23 requiring revocation of pretrial release for

tampering with an electronic monitoring device while on pretrial

release. Subsection (5) was added to section 843.23 by chapter

2025-78, section 1, Laws of Florida, and went into effect October 1,

2025.

Next, chapter 2025-102, section 3, Laws of Florida, created a

1.25 sentencing multiplier under section 921.0024(1), Florida

Statutes, for Aggravated Animal Cruelty under section 828.12(2),

Florida Statutes, with that multiplier going into effect July 1, 2025.

And, chapter 2025-75, section 3, Laws of Florida, created a 1.5

-2-
sentencing multiplier under section 921.0024(1) for Fleeing or

Attempting to Elude or Aggravated Fleeing or Eluding under section

316.1935, Florida Statutes, with that multiplier going into effect

October 1, 2025. We amend rule 3.704(d) to add these new

multipliers to the general rules and definitions. Amendments to

rule 3.992 (Criminal Punishment Code Scoresheet) consistent with

these statutory changes were adopted separately in In re

Amendments to Florida Rule of Criminal Procedure 3.992, No.

SC2025-1036 (Fla. Oct. 23, 2025).

Finally, for rules 3.112, 3.202, and 3.203, the terminology for

capital cases is broadened consistent with Florida law. In rule

3.112(b), the definition of capital trial is changed from “any first-

degree murder case in which the State has not formally waived the

death penalty on the record” to “any trial in which the defendant is

charged with a crime punishable by death unless the death penalty

is waived by the state on the record.” In rule 3.202(d) the phrase

“capital murder” is replaced with the phrase “a crime punishable by

death.” In rule 3.203, the phrase “first-degree murder cases” is

replaced with the phrase “cases in which a defendant is convicted of

a crime punishable by death.”

-3-
Accordingly, the Florida Rules of Criminal Procedure are

amended as reflected in the appendix to this opinion. New

language is indicated by underscoring; deletions are indicated by

struck-through type. The amendments shall become effective

immediately. Because the amendments were not published for

comment prior to their adoption, interested persons shall have 75

days from the date of this opinion in which to file comments with

the Court. 2

It is so ordered.

2. All comments must be filed with the Court on or before
January 20, 2026, with a certificate of service verifying that a copy
has been served on the Committee Chair, Katelyn Knaak Johnston,
Office of General Counsel, 117 West Duval Street, Suite 480,
Jacksonville, Florida, 32202, kjohnston1@coj.net, and on the Bar
Staff Liaison to the Committee, Kelly Smith, 651 East Jefferson
Street, Tallahassee, Florida 32399, rules@floridabar.org, as well as
a 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 February
10, 2026, to file a response to any comments filed with the Court.
If filed by an attorney in good standing with The Florida Bar, the
comment must be electronically filed via the Florida Courts E-Filing
Portal (Portal). If filed by a nonlawyer or a lawyer not licensed to
practice in Florida, the comment may be, but is not required to be,
filed via the Portal. Any person unable to submit a comment
electronically must mail or hand-deliver the originally signed
comment to the Florida Supreme Court, Office of the Clerk, 500
South Duval Street, Tallahassee, Florida 32399.

-4-
MUÑIZ, C.J., and CANADY, LABARGA, COURIEL, GROSSHANS,
FRANCIS, and SASSO, JJ., concur.

THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER
THE EFFECTIVE DATE OF THESE AMENDMENTS.

Original Proceeding – Florida Rules of Criminal Procedure

Katelyn Knaak Johnston, Chair, Criminal Procedure Rules
Committee, Jacksonville, Florida, Joshua E. Doyle, Executive
Director, The Florida Bar, Tallahassee, Florida, and Kelly Smith,
Staff Liaison, The Florida Bar, Tallahassee, Florida,

for Petitioner

-5-
APPENDIX

RULE 3.112. MINIMUM STANDARDS FOR ATTORNEYS IN
CAPITAL CASES

(a) [No Change]

(b) Definitions. A capital trial is defined as any first-degree
murder case in which the State has not formally waived the death
penalty on the recordtrial in which the defendant is charged with a
crime punishable by death unless the death penalty is waived by
the state on the record. A capital appeal is any appeal in which the
death penalty has been imposed. A capital postconviction
proceeding is any postconviction proceeding wherein which the
defendant is still under a sentence of death.

(c) [No Change]

(d) Lists of Qualified and Disqualified Conflict Counsel.

(1) Every circuit shallmust maintain a list of conflict
counsel qualified for appointment in capital cases in each of three3
categories:

(A) – (C) [No Change]

(2) The chief judge for each circuit shallmust maintain
a list of qualified counsel pursuant tounder section 27.40(3)(a),
Florida Statutes.

(3) The chief judge for each circuit shallmust maintain
a list of counsel who are disqualified to provide capital case
representation pursuant tounder section 27.7045, Florida Statutes,
and such list and any amendments thereto shallmust be forwarded
to the chief judge of every other circuit.

(e) Appointment of Counsel. A court must appoint lead
counsel and, upon written application and a showing of need by
lead counsel, should appoint co-counsel to handle every capital trial
in which the defendant is not represented by retained counsel. Lead
counsel shallmust have the right to select co-counsel from

-6-
attorneys on the lead counsel or co-counsel list. Both attorneys
shallmust be reasonably compensated for the trial and sentencing
phase. Except under extraordinary circumstances, only one1
attorney may be compensated for other proceedings. In capital
cases in which the Public Defender or Criminal Conflict and Civil
Regional Counsel is appointed, the Public Defender or Criminal
Conflict and Civil Regional Counsel shallmust designate lead and
co-counsel.

(f) Lead Trial Counsel. Lead trial counsel assignments
should be given to attorneys who:

(1) [No Change]

(2) are experienced and active trial practitioners with at
least five5 years of litigation experience in the field of criminal law;
and

(3) have prior experience as lead counsel in no fewer
than nine9 state or federal jury trials of serious and complex cases
which were tried to completion, as well as prior experience as lead
defense counsel or co-counsel in at least two2 state or federal cases
tried to completion in which the death penalty was sought. In
addition, of the nine9 jury trials which were tried to completion, the
attorney should have been lead counsel in at least three3 cases in
which the charge was murder; or alternatively, of the nine9 jury
trials, at least one1 was a murder trial and an additional five5 were
felony jury trials; and

(4) – (6) [No Change]

(7) have attended within the last two2 years a
continuing legal education program of at least twelve12 hours’
duration devoted specifically to the defense of capital cases.

(g) Co-counsel. Trial co-counsel assignments should be
given to attorneys who:

(1) [No Change]

-7-
(2) qualify as lead counsel under paragraphsubdivision
(f) of these standards or meet the following requirements:

(A) are experienced and active trial practitioners
with at least three3 years of litigation experience in the field of
criminal law; and

(B) have prior experience as lead counsel or co-
counsel in no fewer than three3 state or federal jury trials of serious
and complex cases which were tried to completion, at least two2 of
which were trials in which the charge was murder; or alternatively,
of the three3 jury trials, at least one1 was a murder trial and one
was a felony jury trial; and

(C) – (D) [No Change]

(E) have attended within the last two2 years a
continuing legal education program of at least twelve12 hours’
duration devoted specifically to the defense of capital cases.

(h) Appellate Counsel. Appellate counsel assignments
should be given to attorneys who:

(1) [No Change]

(2) are experienced and active trial or appellate
practitioners with at least five5 years of experience in the field of
criminal law; and

(3) have prior experience in the appeal of at least one1
case wherein which a sentence of death was imposed, as well as
prior experience as lead counsel in the appeal of no fewer than
three3 felony convictions in federal or state court, at least one1 of
which was an appeal of a murder conviction; or alternatively, have
prior experience as lead counsel in the appeal of no fewer than six6
felony convictions in federal or state court, at least two2 of which
were appeals of a murder conviction; and

(4) – (5) [No Change]

-8-
(6) have attended within the last two2 years a
continuing legal education program of at least twelve12 hours’
duration devoted specifically to the defense of capital cases.

(i) Notice of Appearance. An attorney who is retained or
appointed in place of the Public Defender or Criminal Conflict and
Civil Regional Counsel to represent a defendant in a capital case
shallmust immediately file a notice of appearance certifying that he
or shethe attorney meets the qualifications of this rule. If the office
of the Public Defender or Criminal Conflict and Civil Regional
Counsel is appointed to represent the defendant, the Public
Defender or Criminal Conflict and Civil Regional Counsel shallmust
certify that the individuals or assistants assigned as lead and co-
counsel meet the requirements of this rule. A notice of appearance
filed under this rule shallmust be served on the defendant.

(j) Limitation on Caseloads.

(1) [No Change]

(2) Public Defender. If a Public Defender or Criminal
Conflict and Civil Regional Counsel seeks to refuse appointment to
a new capital case based on a claim of excessive caseload, the
matter should be referred to the Chief Judge of the circuit or to the
administrative judge as so designated by the Chief Judge. The Chief
Judge or his or herthe chief judge’s designate should coordinate
with the Public Defender or Criminal Conflict and Civil Regional
Counsel to assess the number of attorneys involved in capital cases,
evaluate the availability of prospective attorneys, and resolve any
representation issues.

(k) Qualifications of Lead Counsel in Capital
Postconviction Proceedings. In order to serve as lead counsel, as
set forth in rule 3.851, for the defendant in a capital postconviction
proceeding, an attorney shallmust have:

(1) – (2) [No Change]

(3) prior participation in a combined total of 5
proceedings in any of the following areas, at least 2 of which
shallmust be from subdivision (k)(3)(C), (k)(3)(D), or (k)(3)(E) below:

-9-
(A) – (E) [No Change]

(l) Exceptional Circumstances. In the event that the trial
court determines that exceptional circumstances require counsel
not meeting the requirements of this rule, the trial court shallmust
enter an order specifying, in writing, the exceptional circumstances
requiring deviation from the rule and the court’s explicit
determination that counsel chosen will provide competent
representation in accord with the policy concerns of the rule.

Committee Comments

[No Change]

Criminal Court Steering Committee Note

[No Change]

RULE 3.131. PRETRIAL RELEASE

(a) [No Change]

(b) Hearing at First Appearance—Conditions of Release.

(1) – (2) [No Change]

(3) In determining whether to release a defendant on
bail or other conditions, and what that bail or those conditions may
be, the court may consider the nature and circumstances of the
offense charged and the penalty provided by law; the weight of the
evidence against the defendant; the defendant’s family ties, length
of residence in the community, employment history, financial
resources, need for substance abuse evaluation and/or treatment,
and mental condition; the defendant’s past and present conduct,
including any record of convictions, previous flight to avoid
prosecution, or failure to appear at court proceedings; the nature
and probability of danger that the defendant’s release poses to the
community; the source of funds used to post bail; whether the
defendant is already on release pending resolution of another
criminal proceeding or is on probation, community control, parole,

- 10 -
or other release pending completion of sentence; and any other
facts the court considers relevant.

(4) – (6) [No Change]

(c) – (d) [No Change]

(e) Bail Before Conviction; Condition of Undertaking.

(1) [No Change]

(2) If a person is admitted to bail after being held to
answer by a judge or after an indictment or information on which
the person is to be tried has been filed, the condition of the
undertaking shall be that the person will appear to answer the
charges before the court in which he or shethe person may be
prosecuted and submit to the orders and process of the court and
will not depart without leave.

(f) Revocation of Pretrial Release.

(1) Any judge presiding at a first appearance hearing
may revoke a defendant’s pretrial release status pursuant to
s.ection 903.0471, Florida Statutes, on a case not assigned to the
first appearance judge but that is pending in the same judicial
circuit as the first appearance hearing.

(2) The court must revoke pretrial release for a person
who commits a violation of section 843.23, Florida Statutes, while
the person is on pretrial release.

(3) The court in its discretion for good cause, any time
after a defendant who is at large on bail appears for trial, may
commit the defendant to the custody of the proper official to abide
by the judgment, sentence, and any further order of the court.

(g) Arrest and Commitment by Court. The court in which
the cause is pending may direct the arrest and commitment of the
defendant who is at large on bail when:

(1) – (3) [No Change]

- 11 -
The order for the commitment of the defendant shall recite generally
the facts on which it is based and shall direct that the defendant be
arrested by any official authorized to make arrests and that the
defendant be committed to the official in whose custody he or
shethe defendant would be if he or shethe defendant had not been
given bail, to be detained by such official until legally discharged.
The defendant shall be arrested pursuant to such order on a
certified copy thereof, in any county, in the same manner as on a
warrant of arrest. If the order provided for is made because of the
failure of the defendant to appear for judgment, the defendant shall
be committed. If the order is made for any other cause, the court
may determine the conditions of release, if any.

(h) – (l) [No Change]

Committee Notes

[No Change]

Court Comment

[No Change]

RULE 3.202. EXPERT TESTIMONY OF MENTAL MITIGATION
DURING PENALTY PHASE OF CAPITAL TRIAL;
NOTICE AND EXAMINATION BY STATE EXPERT

(a) [No Change]

(b) Notice of Intent to Present Expert Testimony of
Mental Mitigation. When in any capital case, in which the state
has given notice of intent to seek the death penalty under
subdivision (a) of this rule, it shallmust be the intention of the
defendant to present, during the penalty phase of the trial, expert
testimony of a mental health professional, who has tested,
evaluated, or examined the defendant, in order to establish
statutory or nonstatutory mental mitigating circumstances, the

- 12 -
defendant shallmust give written notice of intent to present such
testimony.

(c) Time for Filing Notice; Contents. The defendant
shallmust give notice of intent to present expert testimony of mental
mitigation not less than 20 days before trial. The notice shallmust
contain a statement of particulars listing the statutory and
nonstatutory mental mitigating circumstances the defendant
expects to establish through expert testimony and the names and
addresses of the mental health experts by whom the defendant
expects to establish mental mitigation, insofar as is possible.

(d) Appointment of State Expert; Time of Examination.
After the filing of such notice and on the motion of the state
indicating its desire to seek the death penalty, the court shallmust
order that, within 48 hours after the defendant is convicted of
capital murdera crime punishable by death, the defendant be
examined by a mental health expert chosen by the state. Attorneys
for the state and defendant may be present at the examination. The
examination shallmust be limited to those mitigating circumstances
the defendant expects to establish through expert testimony.

(e) [No Change]

Committee Note

[No Change]

RULE 3.203. DEFENDANT’S INTELLECTUAL DISABILITY AS A
BAR TO IMPOSITION OF THE DEATH PENALTY

(a) Scope. This rule applies in all first-degree murder cases
in which a defendant is convicted of a crime punishable by death,
the state attorney has not waived the death penalty on the record,
and the defendant’s intellectual disability becomes an issue.

(b) [No Change]

- 13 -
(c) Motion for Determination of Intellectual Disability as
a Bar to Execution; Contents; Procedures.

(1) A defendant who intends to raise intellectual
disability as a bar to execution shallmust file a written motion to
establish intellectual disability as a bar to execution with the court.

(2) The motion shallmust state that the defendant is
intellectually disabled and, if the defendant has been tested,
evaluated, or examined by 1 or more experts, the names and
addresses of the experts. Copies of rReports containing the opinions
of any experts named in the motion shallmust be attached to the
motion. The court shallmust appoint an expert chosen by the state
attorney if the state attorney so requests. The expert shallmust
promptly test, evaluate, or examine the defendant and shallmust
submit a written report of any findings to the parties and the court.

(3) If the defendant has not been tested, evaluated, or
examined by 1 or more experts, the motion shallmust state that fact
and the court shallmust appoint 2 experts who shallmust promptly
test, evaluate, or examine the defendant and shallmust submit a
written report of any findings to the parties and the court.

(4) – (5) [No Change]

(d) Time for filing Motion for Determination of
Intellectual Disability as a Bar to Execution. The motion for a
determination of intellectual disability as a bar to execution
shallmust be filed not later than 90 days prior tobefore trial, or at
such time as is ordered by the court.

(e) Hearing on Motion to Determine Intellectual
Disability. The circuit court shallmust conduct an evidentiary
hearing on the motion for a determination of intellectual disability.
At the hearing, the court shallmust consider the findings of the
experts and all other evidence on the issue of whether the
defendant is intellectually disabled. The court shallmust enter a
written order prohibiting the imposition of the death penalty and
setting forth the court’s specific findings in support of the court’s
determination if the court finds that the defendant is intellectually
disabled as defined in subdivision (b) of this rule. The court

- 14 -
shallmust stay the proceedings for 30 days from the date of
rendition of the order prohibiting the death penalty or, if a motion
for rehearing is filed, for 30 days following the rendition of the order
denying rehearing, to allow the state the opportunity to appeal the
order. If the court determines that the defendant has not
established intellectual disability, the court shallmust enter a
written order setting forth the court’s specific findings in support of
the court’s determination.

(f) [No Change]

(g) Finding of Intellectual Disability; Order to Proceed. If,
after the evidence presented, the court is of the opinion that the
defendant is intellectually disabled, the court shallmust order the
case to proceed without the death penalty as an issue.

(h) [No Change]

(i) Motion to Establish Intellectual Disability as a Bar to
Execution; Stay of Execution. The filing of a motion to establish
intellectual disability as a bar to execution shallwill not stay further
proceedings without a separate order staying execution.

RULE 3.704. THE CRIMINAL PUNISHMENT CODE

(a) – (c) [No Change]

(d) General Rules and Definitions.

(1) – (8) [No Change]

(9) “Victim injury” is scored for physical injury or death
suffered by a person as a direct result of any offense pending before
the court for sentencing. Except as otherwise provided by law, the
sexual penetration and sexual contact points will be scored as
follows. Sexual penetration points are scored if an offense pending
before the court for sentencing involves sexual penetration. Sexual
contact points are scored if an offense pending before the court for
sentencing involves sexual contact, but no penetration. If the victim

- 15 -
of an offense involving sexual penetration or sexual contact without
penetration suffers any physical injury as a direct result of an
offense pending before the court for sentencing, that physical injury
must be scored in addition to any points scored for the sexual
contact or sexual penetration.

Victim injury must be scored for each victim physically injured
and for each offense resulting in physical injury whether there are 1
or more victims. However, victim injury must not be scored for an
offense for which the offender has not been convicted.

Victim injury resulting from 1 or more capital offenses before
the court for sentencing must not be included upon any scoresheet
prepared for non-capital offenses also pending before the court for
sentencing. This does not prohibit the scoring of victim injury as a
result of the non-capital offense or offenses before the court for
sentencing.

(10) – (11) [No Change]

(12) A single assessment of 30 prior serious felony
points is added if the offender has a primary offense or any
additional offense ranked in level 8, 9, or 10 and 1 or more prior
serious felonies. A ‘“prior serious felony’” is an offense in the
offender’s prior record ranked in level 8, 9, or 10 and for which the
offender is serving a sentence of confinement, supervision, or other
sanction or for which the offender’s date of release from
confinement, supervision, or other sanction, whichever is later, is
within 3 years before the date the primary offense or any additional
offenses were committed. Out -of -state convictions wherein the
analogous or parallel Florida offenses are located in offense severity
level 8, 9, or 10 must be considered prior serious felonies.

(13) [No Change]

(14) “Prior record” refers to any conviction for an offense
committed by the offender prior to the commission of the primary
offense. Prior record includes convictions for offenses committed by
the offender as an adult or as a juvenile, convictions by federal, out
-of -state, military, or foreign courts and convictions for violations of

- 16 -
county or municipal ordinances that incorporate by reference a
penalty under state law. Federal, out -of -state, military or foreign
convictions are scored at the severity level at which the analogous
or parallel Florida crime is located.

(A) – (E) [No Change]

(15) [No Change]

(16) Community sanction violation points occur when
the offender is found to have violated a condition of:

(A) – (C) [No Change]

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 section 948.06, Florida Statutes, 12
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) Possession of a firearm, semiautomatic firearm, or a
machine gun during the commission or attempt to commit a crime
will result in additional sentence points. Eighteen sentence points
are assessed if the offender is convicted of committing, or
attempting to commit, any felony other than those enumerated in
subsection 775.087(2), Florida Statutes, while having in his or

- 17 -
herthe offender’s possession a firearm as defined in subsection
790.001(6), Florida Statutes. Twenty-five sentence points are
assessed if the offender is convicted of committing or attempting to
commit any felony other than those enumerated in subsection
775.087(3), Florida Statutes, while having in his or herthe
offender’s possession a semiautomatic firearm as defined in
subsection 775.087(3), Florida Statutes, or a machine gun as
defined in subsection 790.001(9), Florida Statutes. Only 1
assessment of either 18 or 25 points can be made.

(18) – (24) [No Change]

(25) If the primary offense is aggravated animal cruelty
under section 828.12(2), Florida Statutes, that included the
knowing and intentional torture or torment of an animal that
injured, mutilated, or killed the animal, the subtotal sentence
points are multiplied by 1.25. As used in this paragraph, the term
“animal” does not include an animal used for agricultural purposes
or permitted as captive wildlife as authorized under section
379.303, Florida Statutes.

(26) If the primary offense is fleeing or attempting to
elude a law enforcement officer or aggravated fleeing or eluding in
violation of section 316.1935, Florida Statutes, and in the offender’s
prior record, there is 1 or more violations of section 316.1935, the
subtotal sentence points are multiplied by 1.5.

(2527) “Total sentence points” are the subtotal
sentence points or the enhanced subtotal sentence points.

(2628) The lowest permissible sentence is the
minimum sentence that may be imposed by the trial court, absent a
valid reason for departure. The lowest permissible sentence is any
nonstate prison sanction in which the total sentence points equals
or is less than 44 points, unless the court determines within its
discretion that a prison sentence, which may be up to the statutory
maximums for the offenses committed, is appropriate. When the
total sentence points exceeds 44 points, the lowest permissible
sentence in prison months must be calculated by subtracting 28
points from the total sentence points and decreasing the remaining

- 18 -
total by 25 percent. The total sentence points must be calculated
only as a means of determining the lowest permissible sentence.
The maximum sentence for each individual felony offense is the
statutory maximum as provided in s.ection 775.082, Florida
Statutes, unless the lowest permissible sentence exceeds the
statutory maximum for that offense. If the lowest permissible
sentence exceeds the statutory maximum for an individual felony
offense, the lowest permissible sentence replaces the statutory
maximum and must be imposed for that offense. Sentences for
multiple felony offenses may be imposed concurrently or
consecutively. However, any sentence to state prison must exceed 1
year. If the total sentence points are greater than or equal to 363,
the court may sentence the offender to life imprisonment.

(2729) The sentence imposed must be entered on the
scoresheet.

(2830) For those offenses having a mandatory
minimum sentence, a scoresheet must be completed and the lowest
permissible sentence under the Code calculated. If the lowest
permissible sentence is less than the mandatory minimum
sentence, the mandatory minimum sentence takes precedence. If
the lowest permissible sentence exceeds the mandatory sentence,
the requirements of the Criminal Punishment Code and any
mandatory minimum penalties apply. Mandatory minimum
sentences must be recorded on the scoresheet.

(2931) Any downward departure from the lowest
permissible sentence, as calculated according to the total sentence
points under section 921.0024, Florida Statutes, is prohibited
unless there are circumstances or factors that reasonably justify
the downward departure. Circumstances or factors that can be
considered include, but are not limited to, those listed in subsection
921.0026(2), Florida Statutes.

(A) – (B) [No Change]

If a split sentence is imposed, the total sanction (incarceration
and community control or probation) must not exceed the term

- 19 -
provided by general law or the maximum sentence under the
Criminal Punishment Code.

(3032) If the lowest permissible sentence under the
criminal punishment code is a state prison sanction but the total
sentencing points do not exceed 48 points (or 54 points if 6 of those
points are for a violation of probation, community control, or other
community supervision that does not involve a new crime), the
court may sentence the defendant to probation, community control,
or community supervision with mandatory participation in a prison
diversion program, as provided for in section 921.00241, Florida
Statutes, if the defendant meets the requirements for that program
as set forth in section 921.00241, Florida Statutes.

(3133) If the total sentence points equal 22 or less,
the court must sentence the offender to a nonstate prison sanction
unless it makes written findings that a nonstate prison sanction
could present a danger to the public. Unless there is a stipulation,
there must be a finding by the jury that a nonstate prison sanction
could present a danger to the public before the court may sentence
a defendant to prison under section 775.082(10), Florida Statutes.

(3234) Sentences imposed after revocation of
probation or community control must be imposed according to the
sentencing law applicable at the time of the commission of the
original offense.

Committee Note

[No Change]

- 20 -