Supreme Court of Florida
____________
No. SC2023-1420
____________
IN RE: AMENDMENTS TO FLORIDA RULES OF CRIMINAL
PROCEDURE – 2023 LEGISLATION.
November 22, 2023
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 3.211
(Competence to Proceed: Scope of Examination and Report), 3.212
(Competence to Proceed: Hearing and Disposition), 3.704 (The
Criminal Punishment Code), and 3.992 (Criminal Punishment Code
Scoresheet). 1 The amendments reflect changes to sections 916.12,
916.13, 921.0024, and 775.0823, Florida Statutes, made by
1. We have jurisdiction. See art. V, § 2(a), Fla. Const.; see
also Fla. R. Gen. Prac. & Jud. Admin. 2.140(e).
chapters 2023-190, §§ 1, 2, and 2023-270, §§ 3, 4, Laws of Florida,
which went into effect on July 1, 2023.
The Board of Governors of The Florida Bar unanimously
approved the Committee’s proposal. 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,
with slight modification. The more significant revisions are
discussed below.
First, subdivisions (b) and (c) of rule 3.211 are amended with
language from the statutory changes to section 916.12(4)(b) and (c),
Florida Statutes. See ch. 2023-270, § 3, Laws of Fla. These
provisions require that a clinical assessment must be made to
ensure the safety of the patient and the community, list specific
possible treatment alternatives, and require the expert’s written
findings to include a full and detailed explanation regarding why
alternative treatment options are insufficient.
Next, new subdivision (c)(3)(E) is added to rule 3.212 to require
the court to find other services to be inappropriate before
committing a defendant for treatment. Additionally, new
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subdivision (c)(5) is added requiring the expert’s report to ensure
alternative treatment options are fully considered and found
insufficient before issuing a commitment order. After adding new
subdivision (c)(5), the subsequent subdivisions are renumbered
accordingly. In renumbered subdivisions (c)(6) and (c)(6)(A), the
timeline for facility administrators to file their report is changed
from 6 months to 60 days. These amendments are consistent with
the recent updates to section 916.13, Florida Statutes. See ch.
2023-270, § 4, Laws of Fla.
We decline to adopt the grammatical changes to rule 3.704
recommended by the Committee as they were previously submitted
to the Court and will be considered in In re Amendments to Florida
Rules of Criminal Procedure 3.030 and 3.704, No. SC2023-0502.
Finally, references to the “Law Enforcement Protection Act” are
removed from rule 3.704(d)(20) and the “Law Enf. Protec.” heading
is removed from rule 3.992. In rule 3.992, the heading is replaced
with “Specified Justice System Personnel.” These changes are
consistent with recent amendments to sections 921.0024(1)(b) and
775.0823, Florida Statutes. See ch. 2023-190, §§ 1, 2, Laws of Fla.
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Additionally, the Committee declined to propose amendments
to rule 3.780 (Sentencing Hearing for Capital Cases). However, we
amend rule 3.780(a) to generally state “[i]n capital sentencing
proceedings” rather than citing section 921.141.
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
seventy-five days from the date of this opinion in which to file
comments with the Court. 2
2. All comments must be filed with the Court on or before
February 5, 2024, with a certificate of service verifying that a copy
has been served on the Committee Chair, Jason B. Blank, Haber
Blank, LLP, 888 South Andrews Avenue, Suite 201, Fort
Lauderdale, Florida 33316, jblank@haberblank.com, and on the
Bar Staff Liaison to the Committee, Michael Hodges, 651 East
Jefferson Street, Tallahassee, Florida 32399-2300,
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 26, 2024, 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
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It is so ordered.
MUÑIZ, C.J., and CANADY, LABARGA, COURIEL, GROSSHANS,
FRANCIS, and SASSO, JJ., concur.
Original Proceeding – Florida Rules of Criminal Procedure
THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER
THE EFFECTIVE DATE OF THESE AMENDMENTS.
Jason B. Blank, Chair, Criminal Procedure Rules Committee, Fort
Lauderdale, Florida, Joshua E. Doyle, Executive Director, The
Florida Bar, Tallahassee, Florida, and Michael Hodges, Staff
Liaison, The Florida Bar, Tallahassee, Florida,
for Petitioner
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 32399-1927.
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APPENDIX
RULE 3.211. COMPETENCE TO PROCEED:; SCOPE
OF EXAMINATION AND REPORT
(a) Examination by Experts. UponOn appointment by the
court, the experts shallmust examine the defendant with respect to
the issue of competence to proceed, as specified by the court in its
order appointing the experts to evaluate the defendant, and
shallmust evaluate the defendant as ordered.
(1) The experts shallmust first consider factors related
to the issue of whether the defendant meets the criteria for
competence to proceed; that is, whether the defendant has
sufficient present ability to consult with counsel with a reasonable
degree of rational understanding and whether the defendant has a
rational, as well as factual, understanding of the pending
proceedings.
(2) In considering the issue of competence to proceed,
the examining experts shallmust consider and include in their
report:
(A)-(B) [No Change]
(b) Factors to Be Evaluated. If the experts should find that
the defendant is incompetent to proceed, the experts shallmust
report on any recommended treatment for the defendant to attain
competence to proceed. In considering the issues relating to
treatment, the examining experts shallmust report on:
(1) [No Change]
(2) the completion of a clinical assessment by approved
mental health experts trained by the department to ensure safety of
the patient and the community;
(23) the treatment or treatments appropriate for the
mental illness or intellectual disability of the defendant and an
explanation of each of the possible treatment alternatives in order of
choices, including, at a minimum, mental health services,
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treatment services, rehabilitative services, support services, and
case management services as described in s. 394.67, which may be
provided by or within multi-disciplinary community treatment
teams, such as Florida Assertive Community Treatment, conditional
release programs, outpatient services or intensive outpatient
treatment programs, and supportive employment and supportive
housing opportunities in treating and supporting the recovery of the
patient;
(34) the availability of acceptable treatment. If treatment
is available in the community, the expert shallmust so state in the
report; and
(45) the likelihood of the defendant attaining competence
under the treatment recommended, an assessment of the probable
duration of the treatment required to restore competence, and the
probability that the defendant will attain competence to proceed in
the foreseeable future.
(c) Written Findings of Experts. Any written report
submitted by the experts shallmust:
(1)-(2) [No Change]
(3) state the expert’s clinical observations, findings,
and opinions on each issue referred for evaluation by the court, and
indicate specifically those issues, if any, on which the expert could
not give an opinion; and
(4) identify the sources of information used by the
expert and present the factual basis for the expert’s clinical findings
and opinions.; and
(5) include a full and detailed explanation regarding
why the alternative treatment options referenced in the evaluation
are insufficient to meet the needs of the defendant.
The procedure for determinations of the confidential status of
reports is governed by Rule of General Practice and Judicial
Administration 2.420.
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(d) Limited Use of Competency Evidence.
(1) The information contained in any motion by the
defendant for determination of competency to proceed or in any
report of experts filed under this rule insofar as the report relates
solely to the issues of competency to proceed and commitment, and
any information elicited during a hearing on competency to proceed
or commitment held pursuant tounder this rule, shallmust be used
only in determining the mental competency to proceed or the
commitment or other treatment of the defendant.
(2) The defendant waives this provision by using the
report, or portions thereof, in any proceeding for any other purpose,
in which case disclosure and use of the report, or any portion
thereof, shall beare governed by applicable rules of evidence and
rules of criminal procedure. If a part of the report is used by the
defendant, the state may request the production of any other
portion of that report that, in fairness, ought to be considered.
Committee Notes
[No Change]
RULE 3.212. COMPETENCE TO PROCEED: HEARING AND
DISPOSITION
(a) Admissibility of Evidence. The experts preparing the
reports may be called by either party or the court, and additional
evidence may be introduced by either party. The experts appointed
by the court shall beare deemed court witnesses whether called by
the court or either party and may be examined as such by either
party.
(b) Finding of Competence. The court shallmust first
consider the issue of the defendant’s competence to proceed. If the
court finds the defendant competent to proceed, the court
shallmust enter its order so finding and shall proceed.
(c) Commitment on Finding of Incompetence. If the court
finds the defendant is incompetent to proceed, or that the
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defendant is competent to proceed but that the defendant’s
competence depends on the continuation of appropriate treatment
for a mental illness or intellectual disability, the court shallmust
consider issues relating to treatment necessary to restore or
maintain the defendant’s competence to proceed.
(1)-(2) [No Change]
(3) A defendant may be committed for treatment to
restore a defendant’s competence to proceed if the court finds that:
(A)-(B) [No Change]
(C) treatment appropriate for restoration of the
defendant’s competence to proceed is available; and
(D) no appropriate treatment alternative less
restrictive than that involving commitment is available.; and
(E) other mental health services, treatment
services, support services, and case management services as
described in section 394.67, Florida Statutes, would be
inappropriate.
(4) If the court commits the defendant, the order of
commitment shallmust contain:
(A) [No Change]
(B) copies of the reports of the experts filed with
the court pursuant tounder the order of examination;
(C)-(D) [No Change]
(5) Before issuing a commitment order, the court must
review the examining expert’s report to ensure alternative treatment
options have been fully considered and found insufficient to meet
the needs of the defendant.
(56) The treatment facility shallmust admit the
defendant for hospitalization and treatment and may retain and
treat the defendant. No later than 6 months60 days from the date of
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admission, the administrator of the facility shallmust file with the
court a report that shall addresses the issues and considers the
factors set forth in rule 3.211, with copies to all parties. If, at any
time during the 6-month60 day period or during any period of
extended commitment that may be ordered pursuant tounder this
rule, the administrator of the facility determines that the defendant
no longer meets the criteria for commitment or has become
competent to proceed, the administrator shallmust notify the court
by such a report, with copies to all parties.
(A) If, during the 6-month60 day period of
commitment and treatment or during any period of extended
commitment that may be ordered pursuant tounder this rule,
counsel for the defendant shallmust have reasonable grounds to
believe that the defendant is competent to proceed or no longer
meets the criteria for commitment, counsel may move for a hearing
on the issue of the defendant’s competence or commitment. The
motion shallmust contain a certificate of counsel that the motion is
made in good faith and on reasonable grounds to believe that the
defendant is now competent to proceed or no longer meets the
criteria for commitment. To the extent that it does not invade the
attorney-client privilege, the motion shallmust contain a recital of
the specific observations of and conversations with the defendant
that have formed the basis for the motion.
(B) If, upon consideration of a motion filed by
counsel for the defendant or the prosecuting attorney and any
information offered the court in support thereof, the court has
reasonable grounds to believe that the defendant may have regained
competence to proceed or no longer meets the criteria for
commitment, the court shallmust order the administrator of the
facility to report to the court on such issues, with copies to all
parties, and shallmust order a hearing to be held on those issues.
(67) The court shallmust hold a hearing within 30 days
of the receipt of any suchthe report from the administrator of the
facility on the issues raised thereby. If, following the hearing, the
court determines that the defendant continues to be incompetent to
proceed and that the defendant meets the criteria for continued
commitment or treatment, the court shallmust order continued
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commitment or treatment for a period not to exceed 1 year. When
the defendant is retained by the facility, the same procedure
shallmust be repeated prior to the expiration of each additional 1-
year period of extended commitment.
(78) If, at any time after such commitment, the court
decides, after hearing, that the defendant is competent to proceed,
it shallmust enter its order so finding and shall proceed.
(89) If, after any such hearing, the court determines that
the defendant remains incompetent to proceed but no longer meets
the criteria for commitment, the court shallmust proceed as
provided in rule 3.212(d).
(d) Release on Finding of Incompetence. If the court
decides that a defendant is not mentally competent to proceed and
there is a substantial probability that the defendant will gain
competency to proceed in the foreseeable future, but does not meet
the criteria for commitment, the defendant may be released on
appropriate release conditions. The court may order that the
defendant receive outpatient treatment at an appropriate local
facility and that the defendant report for further evaluation at
specified times during the release period as conditions of release. A
report shallmust be filed with the court after each evaluation by the
persons appointed by the court to make such evaluations, with
copies to all parties. The procedure for determinations of the
confidential status of reports is governed by Rule of General
Practice and Judicial Administration 2.420. If a defendant is found
to be mentally incompetent to proceed and there is no substantial
probability that the defendant will gain competency to proceed in
the foreseeable future, the defendant must be released, or the State
must initiate civil commitment proceedings.
Committee Notes
[No Change]
RULE 3.704. THE CRIMINAL PUNISHMENT CODE
(a)-(c) [No Change]
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(d) General Rules and Definitions.
(1)-(19) [No Change]
(20) If the primary offense is a violation of the Law
Enforcement Protection Act under subsection 775.0823(2), (3), or
(4), Florida Statutes, the subtotal sentence points are multiplied by
2.5. If the primary offense is a violation of subsection 775.0823(5),
(6), (7), (8), or (9), Florida Statutes, the subtotal sentence points are
multiplied by 2.0. If the primary offense is a violation of subsection
784.07(3) or 775.0875(1), Florida Statutes, or the Law Enforcement
Protection Act under subsection 775.0823(10) or (11), Florida
Statutes, the subtotal sentence points are multiplied by 1.5.
(21)-(31) [No Change]
Committee Note
[No Change]
RULE 3.780. SENTENCING HEARING FOR CAPITAL CASES
(a) Evidence. In capital sentencingall proceedings based on
section 921.141, Florida Statutes, the state and defendant will be
permitted to present evidence of an aggravating or mitigating
nature, consistent with the requirements of the statutes and the
notice requirements of Florida Rule of Criminal Procedure 3.181.
Each side will be permitted to cross-examine the witnesses
presented by the other side. The state will present evidence first.
(b)-(c) [No Change]
Committee Notes
[No Change]
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Rule 3.992. Criminal Punishment Code Scoresheet
(a) Criminal Punishment Code Scoresheet. The Criminal Punishment Code Scoresheet Preparation
Manual is available at: http://www.dc.state.fl.us/pub/sen_cpcm/index.html
1. DATE OF SENTENCE 2. PREPARER’S NAME 3. COUNTY 4. SENTENCING JUDGE
5. NAME (LAST, FIRST, MI.I.) 6. DOB 8. RACE 10. PRIMARY OFF. DATE 12.
B W OTHER PLEA
7. DC # 9. GENDER 11. PRIMARY DOCKET #
TRIAL
M F
I. PRIMARY OFFENSE: If Qualifier, please check ____A ____S ____C ____R (A=Attempt, S=Solicitation, C=Conspiracy, R=Reclassification)
FELONY F.S.# DESCRIPTION OFFENSE POINTS
DEGREE LEVEL
_______/ ___________/ ___________________________________________/ __________/
(Level - Points: 1=4, 2=10, 3=16, 4=22, 5=28, 6=36, 7=56, 8=74, 9=92, 10=116)
Prior capital felony triples Primary Offense points I. _______
II. ADDITIONAL OFFENSE(S): Supplemental page attached
DOCKET# FEL/MM F.S.# OFFENSE QUALIFY COUNTS POINTS TOTAL
DEGREE LEVEL A S C R
_____________/ _________/ ______________/ _________ ________ x _______ = ______
DESCRIPTION__________________________________________________________________________________________________
_____________/ _________/ ______________/ _________ ________ x _______ = ______
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)
Prior capital felony triples Additional Offense points Supplemental page points _______
II. _______
III. VICTIM INJURY:
Number Total Number Total
2nd Degree Murder 240 x _______ = _______ Slight 4x _______ = _______
Death 120 x _______ = _______ Sex Penetration 80 x _______ = _______
Severe 40 x _______ = _______ Sex Contact 40 x _______ = _______
Moderate 18 x _______ = _______
III. _______
IV. PRIOR RECORD: Supplemental page attached
FEL/MM F.S.# OFFENSE QUALIFY: DESCRIPTION NUMBER POINTS TOTAL
DEGREE LEVEL A S C R
/ _______ X _______ = _______
/ _______ X _______ = _______
/ _______ X _______ = _______
/ _______ X _______ = _______
/ _______ 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)
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.
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NAME (LAST, FIRST, MI) DOCKET #
Page 1 Subtotal: _______
V. LEGAL STATUS VIOLATION = 4 Points
Escape Fleeing Failure to Appear Supersedeas Bond Incarceration Pretrial Intervention or Diversion Program
Court Imposed or Post Prison Release Community Supervision Resulting in a Conviction V. _______
VI. COMMUNITY SANCTION VIOLATION BEFORE THE COURT FOR SENTENCING
Probation Community Control Pretrial Intervention or Diversion VI. _______
6 points for any violation other than new felony conviction x _______ each successive violation OR
New felony conviction = 12 points x _______ each successive violation if new offense results in conviction before or at
same time as sentence for violation of probation OR
12 points x _______ each successive violation for a violent felony offender of special concern when the violation is not
based solely on failure to pay costs, fines, or restitution OR
New felony conviction = 24 points x _______ each successive violation for a violent felony offender of special concern if
new offense results in a conviction before or at the same time for violation of probation
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 Enf. Protect.Specified Justice System Drug Trafficker Motor Vehicle Theft Criminal Gang Offense Domestic Violence in the Presence of Related Child Adult-on-Minor Sex Offense
Personnel
(offenses committed on or after 3/12/07) (offenses committed on or after 10/1/14)
___ x 1.5 ___ x 1.5 ___ x 1.5 ___ x 1.5 ___ x 2.0
___ x 1.5 ___ x 2.0 ___ x 2.5
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 the total sentence points are
22 points or less, see Section 775.082(10), Florida Statutes, to determine if the court must sentence the offender to a 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
If total sentence points are 60 points or less and court makes findings pursuant to both Florida Statute 948.20 and 397.334(3), the court may place the
defendant into a treatment-based drug court program.
The maximum sentence for each individual felony offense is the statutory maximum as provided in s. 775.082, F.S., unless the lowest permissible
sentence listed above 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. See State v. Gabriel,
314 So. 3d 1243 (Fla. 2021). Sentences for multiple felony offenses may be imposed concurrently or consecutively. If total sentence points are greater
than or equal to 363, a life sentence may be imposed.
Primary offense: ____________________________________________________ ________________________
Description Maximum sentence in years
Additional offense: __________________________________________________ ________________________
Description Maximum sentence in years
Additional offense: __________________________________________________ ________________________
Description Maximum sentence in years
Additional offense: __________________________________________________ ________________________
Description Maximum sentence in years
Total maximum sentence in years for all counts above if consecutive sentences imposed: ________________________
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TOTAL SENTENCE IMPOSED
Years Months Days
State Prison Life ___________ ___________ __________
County Jail Time Served ___________ ___________ __________
Community Control ___________ ___________ __________
Probation Modified ___________ ___________ __________
Please check if sentenced as Habitual Offender, Habitual Violent Offender, Violent Career Criminal, Prison Releasee
Reoffender, or a Mandatory Minimum Applies.
Mitigated Departure Plea Bargain Prison Diversion Program
Other Reason(s):
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.
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(b) Supplemental Criminal Punishment Code Scoresheet
NAME (LAST, FIRST, MI.I) DOCKET # DATE OF SENTENCE
II. ADDITIONAL OFFENSES(S):
DOCKET# FEL/MM F.S.# OFFENSE QUALIFY COUNTS POINTS TOTAL
DEGREE LEVEL A S C R
_____________/ _________/ ______________/ _________ ________ x _______ = ______
DESCRIPTION__________________________________________________________________________________________________
_____________/ _________/ ______________/ _________ ________ x _______ = ______
DESCRIPTION__________________________________________________________________________________________________
_____________/ _________/ ______________/ _________ ________ x _______ = ______
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)
II. _______
IV. PRIOR RECORD
FEL/MM F.S.# OFFENSE QUALIFY: OFFENSE/DATE/STATE NUMBER POINTS TOTAL
DEGREE LEVEL A S C R
/ / / _______ X _______ = _______
/ / / _______ 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.
The defendant is amenable to the services of a postadjudicatory treatment-based drug court program and is otherwise qualified to participate in the program.
The defendant was making a good faith effort to obtain or provide medical assistance for an individual experiencing a drug-related overdose.
Other Reason(s): _____________________________________________________________________________________________________
Pursuant to 921.0026(3) the defendant’s substance abuse or addiction does not justify a downward departure from the lowest permissible sentence, except for
the provisions of s. 921.0026(2)(m).
Effective Date: For offenses committed under the Criminal Punishment Code effective for offenses committed on or after October 1, 1998, and subsequent
revisions.
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