Florida Punishment Code Departure
Sentences
Florida abandoned the Uniform Sentencing Guidelines
on October 1, 1998, when the Florida Punishment Code became the
sentencing law for all Florida Felony cases.
Under the Florida Punishment Code, many new changes
were enacted to increase the amount of prison time defendants serve.
Also, the instances where first offenders are to be sentenced to prison
increased in number and severity each year.
The Florida Punishment Code is a point system. The
magic number is 44: Any defendant who scores over 44 points
must be sentenced to the Florida Department of Corrections (prison)
unless a legally valid reason exists to depart from the Florida
Punishment Code. Any defendant who scores up to 44 points may be
sentenced to prison, but it is not mandatory under the code.
Florida Rule of Criminal Procedure 3.992(b) lists
several well recognized grounds for a sentencing court to sentence
someone to a non-prison sentence even when the point system requires
otherwise. Departure sentences are difficult to obtain since most
judges do not want to appear 'soft on crime.' However, experienced
legal counsel should know what departure grounds are the most likely to
work, and which ones will not.
NOTE: Drug & alcohol addiction have been
specifically excluded as a justification for a departure
sentence. Mental illness is still recognized legal departure
justification, even where the defendant is not 'crazy.'
