The Florida Senate

¹921.002  The Criminal Punishment Code.--

(1)  The provision of criminal penalties and of limitations upon the application of such penalties is a matter of predominantly substantive law and, as such, is a matter properly addressed by the Legislature. The Legislature, in the exercise of its authority and responsibility to establish sentencing criteria, to provide for the imposition of criminal penalties, and to make the best use of state prisons so that violent criminal offenders are appropriately incarcerated, has determined that it is in the best interest of the state to develop, implement, and revise a sentencing policy. The Criminal Punishment Code embodies the principles that:

(a)  Sentencing is neutral with respect to race, gender, and social and economic status.

(b)  The primary purpose of sentencing is to punish the offender. Rehabilitation is a desired goal of the criminal justice system but is subordinate to the goal of punishment.

(c)  The penalty imposed is commensurate with the severity of the primary offense and the circumstances surrounding the primary offense.

(d)  The severity of the sentence increases with the length and nature of the offender's prior record.

(e)  The sentence imposed by the sentencing judge reflects the length of actual time to be served, shortened only by the application of incentive and meritorious gain-time. The provisions of chapter 947, relating to parole, shall not apply to persons sentenced under the Criminal Punishment Code.

(f)  Departures below the permissible sentencing range established in the code must be articulated in writing and made only when circumstances or factors reasonably justify the aggravation or mitigation of the sentence. The level of proof necessary to establish facts that support a departure from the permissible sentencing range is a preponderance of the evidence.

(g)  The trial judge may impose a sentence up to and including the statutory maximum for any offense, including an offense that is before the court due to a violation of probation.

(h)  A sentence may be appealed only if the sentence is below the permissible sentencing range.

(i)  Use of incarcerative sanctions is prioritized toward offenders convicted of serious offenses and certain offenders who have long prior records, in order to maximize the finite capacities of state and local correctional facilities.

(2)  When a defendant is before the court for sentencing for more than one felony and the felonies were committed under more than one version or revision of the guidelines or the code, each felony shall be sentenced under the guidelines or the code in effect at the time the particular felony was committed. This subsection does not apply to sentencing for any capital felony.

(3)  A court may impose a departure below the permissible sentencing range based upon circumstances or factors that reasonably justify the mitigation of the sentence in accordance with s. 921.0026. The level of proof necessary to establish facts supporting the mitigation of a sentence is a preponderance of the evidence. When multiple reasons exist to support the mitigation, the mitigation shall be upheld when at least one circumstance or factor justifies the mitigation regardless of the presence of other circumstances or factors found not to justify mitigation. Any sentence imposed below the permissible sentencing range must be explained in writing by the trial court judge.

History.--s. 3, ch. 97-194.

¹Note.--

A.  Effective October 1, 1998.

B.  Section 2, ch. 97-194, provides that "[t]he Florida Criminal Punishment Code, consisting of sections 921.002-921.0026, Florida Statutes, is established effective October 1, 1998, and applies to any felony committed on or after that date."