Florida Sentencing

The most basic construct of Florida Sentencing is a determination of the offense level and corresponding Maximum punishment.

2nd Degree Misdemeanor
60 days/$500 fine
1st Degree Misdemeanor
1 year/$100 fine
3rd Degree Felony
5 years/$5,000 fine
2nd Degree Felony
15 years/$10,000 fine
1st Degree Felony
30 years/$10,000 fine
1st Degree Felony (PBL)
Natural Life/$10,000

In addition to this very basic level structure there are "highbred" offenses which increase the maximums for certain offenses or provide minimum mandatory sanctions.

The most prominent "highbred" offense is a DUI. The DUI sanctions are as follows:

DUI- Driving Under the Influence, F.S. 316.193

In all DUI cases a conviction is mandatory, together with a probation term, up to 1 year.

Sanctions if Blood Alcohol Level (BAL) is under .15: If BAL is over .15 (or accompanied by a minor):

FINE:
MIN
MAX
FINE
MIN
MAX
1st Offense
$500
$1,000
1st Offense
$1,000
$2,000
2nd Offense
$1,000
$2,000
2nd Offense
$2,000
$4,000
3rd Offense
$2,000
$5,000
3rd Offense
$4,000
$5,000
4th Offence (FELONY)
JAIL
 
JAIL
1st Offense
0-180 days incarceration
0-270 days incarceration
2nd Offense not w/in 5 yrs of 1st
10-270 days incarceration
0-365 days incarceration
3rd Offense not w/in 10 yrs of 2nd
0-365 days incarceration
0-365 days incarceration
3rd Offense not w/in 10 yrs of 2nd
0-365 days incarceration
0-365 days incarceration
3rd Offense w/in 10 yrs of 2nd
30-365 days incarceration
30-365 days incarceration
4th Offense (FELONY)

IGNITION INTERLOCK DEVICE

1st Offense
N/A
180 days minimum
2nd Offense
1 year minimum
2 year minimum
3rd Offense
2 year minimum
2 year minimum
4th Offense not w/in 10 yrs of 3rd
N/A
N/A
4th Offense w/in 10 yrs of 3rd
2 year minimum
N/A

VEHICLE IMPOUND OR IMMOBILIZATION

1st Offense
10 days
2nd Offense not w/in 5 yrs of 1st
10 days
2nd Offense w/in 5 yrs of 1st
30 days
3rd Offense not w/in 10 yrs of 2nd
10 days
3rd Offense w/in 10 yrs of 2nd
90 days

DRIVER'S LICENSE ACTION

1st Offense
180 day revocation
1 year revocation
2nd Offense not w/in 5 yrs of 1st
180 day revocation
1 year revocation
2nd Offense w/in 5 yrs of 1st
5 year revocation
 
3rd Offense not w/in 10 yrs of 2nd
 
 
3rd Offense w/in 10 yrs of 2nd
10 year revocation
 
4th Offense (FELONY)
permanent revocation
 

10-20-Life (F.S. 775.087)
During the commission of a felony listed under this statute,

If a firearm is carried or displayed -
10 year minimum mandatory Prison
If a firearm is discharged -
20 year minimum mandatory Prison
If discharge (+) great injury or death -
25 year minimum to Life in Prison

The term minimum mandatory denotes a term of "day for day" incarceration with no gain time given for good behavior.
Drug Trafficking (F.S. 893.135)

Cannabis: (1st degree felony)

25 lbs - 2,000 lbs or plants
3 year minimum mandatory (+) $25,000 fine
2,000 - 10,000 lbs or plants
7 year minimum mandatory (+) $50,000 fine
10,000 or more lbs or plants
15 year minimum mandatory (+) $200,000 fine

Cocaine (Includes any mixture)

28 g - 200 g
3 year minimum mandatory (+) $50,000 fine
200 g - 400 g
7 year minimum mandatory (+) $100,000 fine
400 g - 150 kg
15 year minimum mandatory (+) $250,000 fine

Conviction for Sale or Possession with Intent within 1,000 feet of a designated area results in a 3 year minimum mandatory.
Heroin and Most Common Prescription Pain Pills (all include any mixture)

4 g - 14 g
3 year minimum mandatory (+) $50,000 fine
14 g - 28 g
15 year minimum mandatory (+) $100,000 fine
28 g - 30 kg
25 year minimum mandatory (+) $500,000 fine

Conviction for Sale or Possession with Intent within 1000 feet of a designated area results in a 3 year minimum mandatory.
Methamphetamine (Including any Mixture i.e. Meth Oil)

14 g - 28 g
3 year minimum mandatory (+) $50,000 fine
28 g - 200 g
7 year minimum mandatory (+) $100,000 fine
200 g or more
15 year minimum mandatory (+) $250,000 fine

Conviction for Sale or Possession with Intent within 1,000 feet of a designated area results in a 3 year minimum mandatory.

SEVERITY RANKING
Any Felony discussion of Florida Sentencing must begin with the Florida Statute 921.0022. This Statute includes the, "Offense Severity Ranking Chart."

The ranking system provides a severity score for most felonies. The score is a 1-10 scale, with 1 constituting the least severe and 10 the most severe. Hundreds of the more common felonies are listed in this statute.

These points are then calculated to come up with a point score based upon Rule 3.992(a) Criminal Punishment Code Scoresheet. The Primary Offense (the offense that scores the most points) is given its full point value. Additional Offenses (are listed as a fraction of their primary score) prior history points are also scored at a fraction. Any enhancements are charged at the end. If the total point score is more than 44 total sentencing points, prison is presumed.

For a score above 44 points, mitigating factors must be proven to depart from the prison sentence. These factors are listed in F.S. 921.0026. Drug or alcohol abuse or dependency is not a statutory mitigating sentence.