Florida breaks down felony offenses into 10 levels of severity. With Level 10 being the most severe and Level 1 being the least serve. Florida’s Criminal Punishment Code Scoresheet can be used to determine whether an individual is at risk for going to prison.

What Makes Up a Score Sheet?

The score sheet is calculated by the Assistant State Attorneys office. There are several different factors that go into calculating your score sheet. A blank score sheet is available here.

Primary Offense

The most severe charge with which you are currently charged will be entered as the primary offense. Every charge has a corresponding offense level; the more serious the charge, the more points it generates.

Additional Offense

If you are charged with any additional offenses at the same time, they will be listed here. Additional offense do not generate the same points as a primary offense. The points in this section are fractionalized.

Victim Injury

Physical injury or death as a direct result of any offense is taken into account. It also includes enhancements for sexual penetration and sexual contact for cases involving sexual matters.

Prior Record

Any prior conviction for an offense committed will be added to your score sheet. If your previous convictions are not Florida based, they are scored based on the what that would be if it had been sentence in Florida.

Sentencing Enhancements

Florida law allows for a variety of enhancements of a defendant’s score. If the felony offense includes any of the below offenses or circumstances, the number of points is multiplied by 1.5, 2, or 2.5:

• Grand Theft of Motor Vehicle
• Drug Trafficking
• Domestic Violence committed in the presence of a child under 16 years of age
• Violation of the Law Enforcement Protection Act
• Gang-related activity

Total Sentence Points

This total gives the trial court’s lowest permissible sentence without a valid reason for a departure.

THE LEVELS & POINT SYSTEM OF THE SCORE SHEET

Every felony offense is assigned a level, and each level has a point value.

• Level 1—4 points
• Level 2—10 points
• Level 3—16 points
• Level 4—22 points
• Level 5—28 points
• Level 6—36 points
• Level 7—56 points
• Level 8—74 points
• Level 9—92 points
• Level 10—116 points

View a full list of level 1-10 felonies

WHAT do youR POINTS MEAN

Under 22 Points

If the defendant scores less than 22 points and the offense was a third-degree felony, the judge can only sentence the defendant to prison time if he determines that a non-prison sentence would present a danger to the community.

More Than 22 Points, But Less Than 44 Points

An individual within this point range is eligible for a non-state prison sanction. Other sanctions include county jail, house arrest, probation or credit for time served.

44 Points And Above

If the defendant has 44 or more points on the score sheet, they have “scored prison.” The minimum length of the prison sentence is calculated by subtracting 28 from the total number of points and then multiplying that number by .75. This is the number of months the defendant must serve in prison unless the judge imposes a downward departure sentence.

For example if you score 56 points, the minimum amount of months you could serve in prison is 21 months. (56-28 x.75= 21)

DOWNWARD DEPARTURE

Not every felony conviction qualifies for a downward departure. Florida law, section 921.0026, specifies that the judge may choose a downward departure sentence if one of the following occurs:

• The defendant agrees to an uncoerced plea bargain.
• The defendant was an accomplice to the felony crime and his participation was minimal.
• The defendant does not have the capacity to understand that his actions were criminal or his ability to conduct himself as required by law is impaired.
• The defendant had not reached the maturity level required to appreciate the consequences of committing the felony.
• The felony was an isolated incident and the defendant shows remorse.
• The defendant is a youthful offender.
• The defendant has a mental disorder that requires treatment, and the defendant agrees to treatment. This does not apply to cases of substance abuse, addiction, or physical disability.
• The victim’s need for restitution payments outweighs the need for a prison sentence.
• The victim provoked the defendant into committing the crime, was a willing participant or initiated the crime.
• The defendant was under another person’s domination or extreme duress during the commission of the felony offense.
• The victim was substantially compensated before the defendant’s identity was determined.
• The defendant cooperated with the state to reach a resolution for the felony offense.
• The felony was nonviolent, the defendant scores 60 points or less on the CPC scoresheet, and the defendant agrees to attend a treatment-based drug court program.
• The defendant was trying to obtain or provide medical assistance to a person suffering from a drug overdose.

Florida law also specifies that the reasons a judge may choose a downward departure sentence are not limited to the mitigating circumstances listed above. Florida judges, however, rarely deviate from this legal standard.

Florida Criminal Scoresheet Case Law

Butler v. State, 1D18-2848 (6/11/20)Court declines to rule on whether assessing injury as “severe” on scoresheet without a jury finding (Alleyne) because error, if any, is harmless. A rational jury would have found that the serious bodily injury suffered by the victim in this case (a broken neck) was “severe.”

McCool v. State, 211 So.3d 304 (Fla. 1st DCA 2017) Defendant whose sentencing scoresheet erroneously included a sixth “prior record” misdemeanor was entitled to be resentenced for felony battery, despite state’s contention that the error was harmless because the points assessed for the sixth misdemeanor were the same as those that should have been assessed for misdemeanor battery as an “additional offense” on the scoresheet.