IN RE: AMENDMENTS TO FLORIDA RULE OF CRIMINAL PROCEDURE 3.992

Supreme Court of Florida

No. SC2025-1036

IN RE: AMENDMENTS TO FLORIDA RULE OF CRIMINAL PROCEDURE 3.992.

October 23, 2025 CORRECTED OPINION

PER CURIAM.

The Criminal Court Steering Committee (CCSC) filed a report proposing amendments to Florida Rule of Criminal Procedure 3.992 (Criminal Punishment Code Scoresheet).1 This report was filed in response to recent changes to section 921.0024(1), Florida Statutes (2024), that became effective July 1, 2025, and October 1, 2025. See ch. 2025-75, §§ 3-4, Laws of Fla.; ch. 2025-102, §§ 3-4, Laws of Fla.

After considering the report, we hereby amend rule 3.992 as proposed by the CCSC. First, we amend subdivision (a), section IX. ENHANCEMENTS, to add a 1.25 multiplier for Aggravated Animal

1. We have jurisdiction. See art. V, § 2(a), Fla. Const.; see also Fla. R. Gen. Prac. & Jud. Admin. 2.140(b).

Cruelty and a 1.5 multiplier for Fleeing or Attempting to Elude or Aggravated Fleeing or Eluding. Next, we amend the web address linking to the Criminal Punishment Code Scoresheet Preparation Manual in subdivision (a) because the current link is no longer valid. We also amend a heading in subdivision (b), section IV. PRIOR RECORD to “DESCRIPTION” so that it matches subdivision (a), section IV. PRIOR RECORD. Finally, we amend the title for subdivision (b), section II. to “ADDITIONAL OFFENSE(S)” instead of “ADDITIONAL OFFENSES(S).”

The Court hereby amends the Florida Rules of Criminal Procedure as reflected in the appendix to this opinion. Because of the nature of the scoresheet and to avoid confusion, the amendments are not indicated by underscoring or struck-through type but are directly incorporated into the forms. The amendments to the rule shall become effective immediately.

It is so ordered.

MUÑIZ, C.J., and CANADY, LABARGA, COURIEL, GROSSHANS, FRANCIS, and SASSO, JJ., concur.

THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE EFFECTIVE DATE OF THESE AMENDMENTS.

Original Proceeding – Florida Rules of Criminal Procedure

Judge Joseph A. Bulone, Chair, Criminal Court Steering Committee, Clearwater, Florida, and Bart Schneider, Staff Liaison, Office of the State Courts Administrator, Tallahassee, Florida, for Petitioner

Rule 3.992. Criminal Punishment Code Scoresheet (a) Criminal Punishment Code Scoresheet. The Criminal Punishment Code Scoresheet Preparation Manual is available at: https://www.fdc.myflorida.com/statistics-and-publications 1. DATE OF SENTENCE 2. PREPARER'S NAME 3. COUNTY 4. SENTENCING JUDGE 5. NAME (LAST, FIRST, MI.Ι.) 6. DOB 8. RACE 10. PRIMARY OFF. DATE 12.

B

W

OTHER PLEA 7. DC # 9. GENDER 11. PRIMARY DOCKET # TRIAL

M

F

1. PRIMARY OFFENSE: If Qualifier, please check FELONY DEGREE F.S.#

S

DESCRIPTION R (A=Attempt, S=Solicitation, C=Conspiracy, R=Reclassification) (Level - Points: 1=4, 2=10, 3=16, 4=22, 5=28, 6=36, 7=56, 8=74, 9=92, 10=116) Prior capital felony triples Primary Offense points II. ADDITIONAL OFFENSE(S): Supplemental page attached DOCKET# FEL/MM DEGREE F.S.# DESCRIPTION / / DESCRIPTION / / DESCRIPTION / / OFFENSE LEVEL QUALIFY ASCR COUNTS DESCRIPTION (Level - Points: M=0.2, 1=0.7, 2=1.2, 3=2.4, 4=3.6, 5=5.4, 6=18, 7=28, 8=37, 9=46, 10=58) Prior capital felony triples Additional Offense points III. VICTIM INJURY:

X

OFFENSE LEVEL POINTS =

X

=

X

X

= 1.

TOTAL Supplemental page points II.

Number Total Number 2nd Degree Murder 240 x Slight

NAME (LAST, FIRST, MI)

DOCKET # Page 1 Subtotal: V. LEGAL STATUS VIOLATION = 4 Points Escape Fleeing ☐ Failure to Appear ☐ Supersedeas Bond Incarceration Court Imposed or Post Prison Release Community Supervision Resulting in a Conviction Pretrial Intervention or Diversion Program VI. COMMUNITY SANCTION VIOLATION BEFORE THE COURT FOR SENTENCING Probation Community Control ☐ Pretrial Intervention or Diversion

TOTAL SENTENCE IMPOSED Years Months Days State Prison County Jail Life Time Served Community Control Probation Modified Habitual Offender, Reoffender, or a Mandatory Minimum Applies.

Please check if sentenced as Habitual Violent Offender, Violent Career Criminal, Prison Releasee Prison Diversion Program Mitigated Departure Plea Bargain Other Reason(s): JUDGE'S SIGNATURE Effective Date: For offenses committed under the Criminal Punishment Code effective for offenses committed on or after October 1, 1998, and subsequent revisions. 6-

(b) Supplemental Criminal Punishment Code Scoresheet NAME (LAST, FIRST, MI.I)

DOCKET # DATE OF SENTENCE II. ADDITIONAL OFFENSE(S): DOCKET# FEL/MM DEGREE F.S.# OFFENSE LEVEL QUALIFY ASCR COUNTS DESCRIPTION (Level - Points: M=0.2, 1=0.7, 2=1.2, 3=2.4, 4=3.6, 5=5.4, 6=18, 7=28, 8=37, 9=46, 10=58) DESCRIPTION DESCRIPTION DESCRIPTION DESCRIPTION POINTS TOTAL

X

=

X

=

X

=

X

II.

NUMBER POINTS TOTAL IV. PRIOR RECORD FEL/MM DEGREE F.S.# OFFENSE LEVEL QUALIFY: ASCR DESCRIPTION (Level = Points: M=0.2, 1=0.5, 2=0.8, 3=1.6, 4=2.4, 5=3.6, 6=9, 7=14, 8=19, 9=23, 10=29)

X

= = = = IV.

REASONS FOR DEPARTURE - MITIGATING CIRCUMSTANCES (reasons may be checked here or written on the scoresheet) Legitimate, uncoerced plea bargain. The defendant was an accomplice to the offense and was a relatively minor participant in the criminal conduct. The capacity of the defendant to appreciate the criminal nature of the conduct or to conform that conduct to the requirements of law was substantially impaired. The defendant requires specialized treatment for a mental disorder that is unrelated to substance abuse or addiction, or for a physical disability, and the defendant is amenable to treatment.

The need for payment of restitution to the victim outweighs the need for a prison sentence. The victim was an initiator, willing participant, aggressor, or provoker of the incident. The defendant acted under extreme duress or under the domination of another person. Before the identity of the defendant was determined, the victim was substantially compensated. The defendant cooperated with the State to resolve the current offense or any other offense. The offense was committed in an unsophisticated manner and was an isolated incident for which the defendant has shown remorse. At the time of the offense the defendant was too young to appreciate the consequences of the offense. The defendant is to be sentenced as a youthful offender. The defendant is amenable to the services of a postadjudicatory treatment-based drug court program and is otherwise qualified to participate in the program. The defendant was making a good faith effort to obtain or provide medical assistance for an individual experiencing a drug-related overdose. Other Reason(s): Pursuant to 921.0026(3) the defendant's substance abuse or addiction does not justify a downward departure from the lowest permissible sentence, except for the provisions of s. 921.0026(2)(m). Effective Date: For offenses committed under the Criminal Punishment Code effective for offenses committed on or after October 1, 1998, and subsequent revisions. 7