Fla. R. Crim. P. 3.703

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

located at rule 3.991. This rule implements the 1994 sentencing

guidelines, as amended, in strict accordance with chapter 921,

Florida Statutes. This rule applies to offenses committed on or after

October 1, 1995, or as otherwise indicated.

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

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superseded by the operation of this rule.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.

(1) Felony offenses subject to the 1994 sentencing

guidelines, as amended, 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.

The numerical statutory reference in the left column of the chart

and the felony degree designations in the middle column of the

chart determine whether felony offenses are specifically listed in the

offense severity ranking chart and the appropriate severity level.

The language in the right column is merely descriptive.

(2) Felony offenses not listed in section 921.0012 are to

be assigned a severity level in accordance with section 921.0013, as

follows:

(A) A felony of the third degree within offense level

1.

(B) A felony of the second degree within offense

level 4.

(C) A felony of the first degree within offense level

7.

(D) A felony of the first degree punishable by life

within offense level 9.

(E) A life felony within offense level 10.

An offense does not become unlisted and subject to the

provisions of section 921.0013, because of a reclassification of the

degree of felony pursuant to section 775.0845, section 775.087,

section 775.0875 or section 794.023.

(d) General Rules and Definitions.

(1) One or more sentencing guidelines scoresheets shall

be prepared for each offender covering all offenses pending before

the court for sentencing, including offenses for which the offender

has been adjudicated an habitual felony offender, an habitual

violent felony offender or violent career criminal. The office of the

state attorney or the Department of Corrections, or both where

appropriate, will prepare the scoresheets and present them to

defense counsel for review as to accuracy. The Department of

Corrections shall prepare sentencing guidelines scoresheets if the

offender is alleged to have violated probation or community control

and revocation is recommended.

(2) One scoresheet shall be prepared for all offenses

committed under any single version or revision of the guidelines,

pending before the court for sentencing.

(3) If an offender 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, separate scoresheets

must be prepared and used at sentencing. The sentencing court

may impose such sentence concurrently or consecutively.

(4) The sentencing judge shall review the scoresheet for

accuracy and sign it.

(5) Felonies, except capital felonies, with continuing

dates of enterprise are to be sentenced under the guidelines in

effect on the beginning date of the criminal activity.

(6) “Conviction” means a determination of guilt

resulting from plea or trial, regardless of whether adjudication was

withheld or whether imposition of sentence was suspended.

(7) “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.

(8) “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.

(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

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 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, victim injury shall not be scored for

an offense for which the offender has not been convicted.

Victim injury resultant from one or more capital felonies before

the court for sentencing is not to be included upon any scoresheet

prepared for non-capital felonies also pending before the court for

sentencing. This in no way prohibits the scoring of victim injury as

a result from the non-capital felonies before the court for

sentencing.

(10) Unless specifically provided otherwise by statute,

attempts, conspiracies, and solicitations are indicated in the space

provided on the guidelines scoresheet and are scored at one severity

level below the completed offense.

Attempts, solicitations, and conspiracies of third-degree

felonies located in offense severity levels 1 and 2 are to be scored as

misdemeanors. Attempts, solicitations, and conspiracies of third-degree felonies located in offense severity levels 3, 4, 5, 6, 7, 8, 9,

and 10 are to be scored as felonies one offense level beneath the

incomplete or inchoate offense.

(11) An increase in offense severity level may result from

a reclassification of felony degrees pursuant to sections 775.0845,

775.087, 775.0875, or 794.023. Any such increase should be

indicated in the space provided on the sentencing guidelines

scoresheet.

(12) A single assessment of thirty 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 one 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 are to be considered prior serious felonies.

(13) If the offender has one or more prior capital felonies,

points shall be added to the subtotal sentence points of the offender

equal to twice the number of points the offender receives for the

primary offense and any additional offense. Out-of-state convictions

wherein the analogous or parallel Florida offenses are capital

offenses are to be considered capital offenses for purposes of

operation of this section.

(14) “Total offense score” is the sum of the sentence

points for primary offense, any additional offenses and victim

injury.

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

committed by the offender prior to the commission of the primary

offense, excluding any additional offenses pending before the court

for sentencing. Prior record shall include 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 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 offender 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, whichever is later, to the date of the commission of the

primary offense.

(B) Juvenile dispositions of offenses committed by

the offender 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 offender more than 3 years prior

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

the offender 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 are not scored. Criminal history records expunged

or sealed under section 943.058 or other provisions of law,

including former sections 893.14 and 901.33, are scored as prior

record where the offender whose record has been expunged or

sealed is before the court for sentencing.

(D) Any uncertainty in the scoring of the offender’s

prior record shall be resolved in favor of the offender 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.

(16) “Legal status points” are assessed when an offender:

(A) Escapes from incarceration;

(B) Flees to avoid prosecution;

(C) Fails to appear for a criminal proceeding;

(D) Violates any condition of a supersedeas bond;

(E) Is incarcerated;

(F) Is under any form of a pretrial intervention or

diversion program; or

(G) Is under any form of court-imposed or post-prison release community supervision and 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.

(17) 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 shall be assessed for each

violation or if the violation results from a new felony conviction, 12

community sanction violation points shall 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 shall

not be the basis for multiplying the assessment of community

sanction violation points.

(18) “Total prior record score” is the sum of all sentence

points for prior record.

(19) 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) while having in his or her possession a firearm as

defined in subsection 790.001(6). 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) while having in his or her possession a semiautomatic

firearm as defined in subsection 775.087(3) or a machine gun as

defined in subsection 790.001(9). Only one assessment of either 18

or 25 points shall apply.

(20) “Subtotal sentence points” are the sum of the total

offense score, the total prior record score, any legal status points,

community sanction points, prior serious felony points, prior capital

felony points or points for possession of a firearm or semi-automatic

weapon.

(21) If the primary offense is drug trafficking under

section 893.135 ranked in offense severity level 7 or 8, the subtotal

sentence points may be multiplied, at the discretion of the

sentencing court, by a factor of 1.5.

(22) If the primary offense is a violation of the Law

Enforcement Protection Act under subsection 775.0823(2), the

subtotal sentence points are multiplied by a factor of 2.5. If the

primary offense is a violation of subsection 775.0823(3), (4), (5), (6),

(7), or (8) the subtotal sentence points are multiplied by a factor of

2.0. If the primary offense is a violation of the Law Enforcement

Protection Act under subsection 775.0823(9) or (10) or section

784.07(3) or section 775.0875(1), the subtotal sentence points are

multiplied by a factor of 1.5.

(23) If the primary offense is grand theft of the third

degree of a motor vehicle and the offender’s prior record includes

three or more grand thefts of the third degree of a motor vehicle, the

subtotal sentence points are multiplied by 1.5.

(24) If the offender is found to be a member of a criminal

street gang pursuant to section 874.04, at the time of the

commission of the primary offense, the subtotal sentence points are

multiplied by 1.5.

(25) If the primary offense is determined to be a crime of

domestic violence as defined in section 741.28 and to have been

committed in the presence of a child who is related by blood or

marriage to the victim or perpetrator and who is under the age of

16, the subtotal sentence points are multiplied, at the discretion of

the court, by 1.5.

(26) “Total sentence points” are the subtotal sentence

points or the enhanced subtotal sentence points.

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

sentence points. A person sentenced for a felony committed on or

after July 1, 1997, who has at least one prior felony conviction and

whose recommended sentence is any nonstate prison sanction may

be sentenced to community control or a term of incarceration not to

exceed 22 months. A person sentenced for a felony committed on or

after July 1, 1997, who has at least one prior felony conviction and

whose minimum recommended sentence is less than 22 months in

state prison may be sentenced to a term of incarceration not to

exceed 22 months.

In all other cases, if the total sentence points are less than or

equal to 40, the recommended sentence, absent a departure, shall

not be state prison. The court may impose any nonstate prison

sanction authorized by law, including community control. However,

the sentencing court may increase sentence points less than or

equal to 40 by up to and including 15% 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% 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 scoresheet.

If the total sentence points are equal to or greater than

363, the court may sentence the offender to life imprisonment.

(28) If the recommended sentence under the sentencing

guidelines exceeds the maximum sentence authorized for the

pending felony offenses, the guidelines sentence must be imposed,

absent a departure. Such downward departure must be equal to or

less than the maximum sentence authorized by section 775.082.

(29) 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.

(30) 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%,

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 7 days after 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 7 days after 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).

(31) 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.

(32) 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.