Fla. R. Crim. P. 3.702

(a) Use. This rule is to be used in conjunction with the forms

located at rule 3.990. This rule is intended to implement the 1994

revised sentencing guidelines in strict accordance with chapter 921,

Florida Statutes, as revised by chapter 93-406, Laws of Florida.

(b) Purpose and Construction. The purpose of the 1994

revised sentencing guidelines and the principles they embody are

set out in subsection 921.001(4). Existing caselaw construing the

application of sentencing guidelines that is in conflict with the

provisions of this rule or the statement of purpose or the principles

embodied by the 1994 sentencing guidelines set out in subsection

921.001(4) is superseded by the operation of this rule.

(c) Offense Severity Ranking. Felony offenses subject to

the 1994 revised sentencing guidelines are listed in a single offense

severity ranking chart located at section 921.0012. The offense

severity ranking chart employs 10 offense levels, ranked from least

severe to most severe. Each felony offense is assigned to a level

according to the severity of the offense, commensurate with the

harm or potential for harm to the community that is caused by the

offense. Felony offenses not listed in section 921.0012 are to be

assigned a severity level as described in section 921.0013.

(d) General Rules and Definitions.

(1) A comprehensive guidelines scoresheet shall be

prepared for each defendant covering all offenses pending before the

court for sentencing, including offenses for which the defendant has

been adjudicated an habitual felony offender or an habitual violent

felony offender. The office of the state attorney or the probation

services office, or both where appropriate, will prepare the

scoresheets and present them to defense counsel for review as to

accuracy. Where the defendant is alleged to have violated probation

or community control and probation services will recommend

revocation, probation services shall prepare a comprehensive

guidelines scoresheet for use at sentencing after revocation of

probation or community control. The sentencing judge shall review

the scoresheet for accuracy.

(2) “Conviction” means a determination of guilt

resulting from plea or trial, regardless of whether adjudication was

withheld or whether imposition of sentence was suspended.

(3) “Primary offense” is the offense pending for

sentencing that results in the highest number of total sentence

points. Only one offense may be scored as the primary offense.

(4) “Additional offense” is any offense, other than the

primary offense, pending before the court for sentencing. Sentence

points for additional offenses are determined by the severity level

and the number of offenses at a particular severity level.

Misdemeanors are scored at level “M” regardless of degree.

(5) “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. If an offense pending before the court for

sentencing involves sexual penetration, victim injury is to be

scored. If an offense pending before the court for sentencing

involves sexual contact, but no penetration, victim injury shall be

scored. If the victim 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 is to be scored separately and in addition to

any points scored for the sexual contact or sexual penetration.

Victim injury shall be scored for each victim physically injured

and for each offense resulting in physical injury whether there are

one or more victims. However, if the victim injury is the result of a

crime of which the defendant has been acquitted, it shall not be

scored.

(6) Attempts, conspiracies, and solicitations charged

under chapter 777 are scored at severity levels below the level at

which the completed offense is located. Attempts and solicitations

are scored 2 severity levels below the completed offense. Criminal

conspiracies are scored 1 severity level below the completed offense.

(7) “Total offense score” results from adding the

sentence points for primary offense, additional offense, and victim

injury.

(8) “Prior record” refers to any conviction for an offense

committed by the defendant prior to the commission of the primary

offense. Prior record shall include convictions for offenses

committed by the defendant as an adult or as a juvenile,

convictions by federal, out-of-state, military, or foreign courts, and

convictions for violations of 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) Convictions for offenses committed more than

10 years prior to the date of the commission of the primary offense

are not scored as prior record if the defendant has not been

convicted of any other crime for a period of 10 consecutive years

from the most recent date of release from confinement, supervision,

or other sanction, which-ever is later, to the date of the commission

of the primary offense.

(B) Juvenile dispositions of offenses committed by

the defendant within 3 years prior to the date of the commission of

the primary offense are scored as prior record if the offense would

have been a crime if committed by an adult. Juvenile dispositions of

sexual offenses committed by the defendant more than 3 years prior

to the date of the primary offense are to be scored as prior record if

the defendant has not maintained a conviction-free record, either as

an adult or as a juvenile, for a period of 3 consecutive years from

the most recent date of release from confinement, supervision, or

sanction, whichever is later, to the date of commission of the

primary offense.

(C) Entries in criminal histories that show no

disposition, disposition unknown, arrest only, or a disposition other

than conviction shall not be scored. Criminal history records

expunged or sealed under section 943.058 or other provisions of

law, including former sections 893.14 and 901.33, shall be scored

as prior record where the defendant whose record has been

expunged or sealed is before the court for sentencing.

(D) Any uncertainty in the scoring of the

defendant’s prior record shall be resolved in favor of the defendant,

and disagreement as to the propriety of scoring specific entries in

the prior record shall be resolved by the sentencing judge.

(E) When unable to determine whether the

conviction to be scored as prior record is a felony or a

misdemeanor, the conviction should be scored as a misdemeanor.

When the degree of felony is ambiguous or the severity level cannot

be deter-mined, the conviction should be scored at severity level 1.

(9) “Legal status violations” occur when a defendant,

while under any of the forms of legal status listed in subsection

921.0011(3), commits an offense that results in conviction. Legal

status violations receive a score of 4 sentence points and are scored

when the offense committed while under legal status is before the

court for sentencing. Points for a legal status violation are to be

assessed only once regardless of the existence of more than one

form of legal status at the time an offense is committed or the

number of offenses committed while under any form of legal status.

(10) “Release program violations” occur when the

defendant is found to have violated a condition of a release program

designated in subsection 921.0011(6). Six points shall be assessed

for each violation up to a maximum of 18 points in the case of

multiple violations. Where there are multiple violations, points in

excess of 6 may be assessed only for each successive violation that

follows the reinstatement or modification of the release program

and are not to be assessed for violation of several conditions of a

single release program order.

(11) “Total prior record score” results from adding

sentence points for prior record, legal status violations, and release

program violations.

(12) Possession of a firearm, destructive device,

semiautomatic weapon, or a machine gun during the commission or

attempt to commit a crime will result in additional sentence points.

Eighteen sentence points shall be assessed where the defendant is

convicted of committing or attempting to commit any felony other

than those enumerated in subsection 775.087(2) while having in his

or her possession a firearm as defined in subsection 790.001(6) or a

destructive device as defined in subsection 790.001(4). Twenty-five

sentence points shall be assessed where the offender is convicted of

committing or attempting to commit any felony other than those

enumerated in subsection 775.087(2) while having in his or her

possession a semiautomatic weapon as defined in subsection

775.087(2) or a machine gun as defined in subsection 790.001(9).

(13) “Subtotal sentence points” result from adding the

total offense score, the total prior record score, and any additional

points for possession of a firearm, destructive device,

semiautomatic weapon, or machine gun.

(14) If the primary offense is drug trafficking under

section 893.135, the subtotal sentence points may be multiplied, at

the discretion of the sentencing court, by a factor of 1.5. If the

primary offense is a violation of the Law Enforcement Protection Act

under subsections 775.0823(2), (3), (4), or (5), the subtotal sentence

points shall be multiplied by a factor of 2. If the primary offense is a

violation of subsection 775.087(2)(a)(2) or subsections 775.0823(6)

or (7), the subtotal sentence points shall be multiplied by a factor of

1.5. If both enhancements are applicable, only the enhancement

with the higher multiplier is to be used.

(15) “Total sentence points” result from the

enhancement, if applicable, of the subtotal sentence points. If no

enhancement is applicable, the subtotal sentence points are the

total sentence points.

(16) “Presumptive sentence” is determined by the total

sentence points. If the total sentence points are less than or equal

to 40, the recommended sentence, absent a departure, shall not be

state prison. However, the sentencing court may increase sentence

points less than or equal to 40 by up to and including 15 percent to

arrive at total sentence points in excess of 40. If the total sentence

points are greater than 40 but less than or equal to 52, the decision

to sentence the defendant to state prison or a nonstate prison

sanction is left to the discretion of the sentencing court. If the total

sentence points are greater than 52, the sentence, absent a

departure, must be to state prison.

A state prison sentence is calculated by deducting 28 points

from the total sentence points where total sentence points exceed

40. The resulting number represents state prison months. State

prison months may be increased or decreased by up to and

including 25 percent at the discretion of the sentencing court. State

prison months may not be increased where the sentencing court

has exercised discretion to increase total sentence points under 40

points to achieve a state prison sentence. The sentence imposed

must be entered on the score-sheet.

(17) For those offenses having a mandatory penalty, a

scoresheet should be completed and the guidelines presumptive

sentence calculated. If the presumptive sentence is less than the

mandatory penalty, the mandatory sentence takes precedence. If

the presumptive sentence exceeds the mandatory sentence, the

presumptive sentence should be imposed.

(18) Departure from the recommended guidelines

sentence provided by the total sentence points should be avoided

unless there are circumstances or factors that reasonably justify

aggravating or mitigating the sentence. A state prison sentence that

deviates from the recommended prison sentence by more than 25

percent, a state prison sentence where the total sentence points are

equal to or less than 40, or a sentence other than state prison

where the total sentence points are greater than 52 must be

accompanied by a written statement delineating the reasons for

departure. Circumstances or factors that can be considered include,

but are not limited to, those listed in subsections 921.0016(3) and

(4). Reasons for departing from the recommended guidelines

sentence shall not include circumstances or factors relating to prior

arrests without conviction or charged offenses for which convictions

have not been obtained.

(A) If a sentencing judge imposes a sentence that

departs from the recommended guidelines sentence, the reasons for

departure shall be orally articulated at the time sentence is

imposed. Any departure sentence must be accompanied by a

written statement, signed by the sentencing judge, delineating the

reasons for departure. The written statement shall be filed in the

court file within 15 days of the date of sentencing. A written

transcription of orally stated reasons for departure articulated at

the time sentence was imposed is sufficient if it is signed by the

sentencing judge and filed in the court file within 15 days of the

date of sentencing. The sentencing judge may also list the written

reasons for departure in the space provided on the guidelines

scoresheet and shall sign the scoresheet.

(B) The written statement delineating the reasons

for departure shall be made a part of the record. The written

statement, if it is a separate document, must accompany the

guidelines scoresheet required to be provided to the Department of

Corrections pursuant to subsection 921.0014(5).

(19) The sentencing court shall impose or suspend

sentence for each separate count, as convicted. The total sentence

shall be within the guidelines sentence unless a departure is

ordered.

If a split sentence is imposed, the incarcerative portion of the

sentence must not deviate more than 25 percent from the

recommended guidelines prison sentence. The total sanction

(incarceration and community control or probation) shall not exceed

the term provided by general law or the guidelines recommended

sentence where the provisions of subsection 921.001(5) apply.

(20) Sentences imposed after revocation of probation or

community control must be in accordance with the guidelines.

Cumulative incarceration imposed after revocation of probation or

community control is subject to limitations imposed by the

guidelines. A violation of probation or community control may not

be the basis for a departure sentence.