On a violation of probation-if the sentence is complete, a new scoresheet must be done, without the sentence done being scored or scored as a prior record, if it occurred prior to any of the offenses. (SEE Sanders v. State, 35 Fla. L. Weekly S219(Fla. 2010)).
7/1/09-If a defendant is sentenced for an offense committed on or after July 1, 2009, which is a third-degree felony but not a forcible felony as defined in s. 776.08, and excluding any third-degree felony violation under chapter 810, and if the total sentence points pursuant to s. 921.0024 are 22 points or fewer, the court must sentence the offender to a nonstate prison sanction. However, if the court makes written findings that a nonstate prison sanction could present a danger to the public, the court may sentence the offender to a state correctional facility pursuant to this section.
(28) If the lowest permissible sentence under the criminal punishment code is a state prison sanction but the total sentencing points do not exceed 48 points (or 54 points if six of those points are for a violation of probation, community control, or other community supervision that does not involve a new crime), the court may sentence the defendant to probation, community control, or community supervision with mandatory participation in a prison diversion program, as provided for in s. 921.00241, Florida Statutes, if the defendant meets the requirements for that program as set forth in section 921.00241.
(30) Sentences imposed after revocation of probation or community control must be imposed according to the sentencing law applicable at the time of the commission of the original offense.
Criminal Rule of Procedure, 3.703, 3.704
1999 GUIDELINES (On or after July 1, 1999) Greater than 44 Points=PRISON
1998 GUIDELINES (On or after 10/1/98)-CPC CODE, SKY IS THE LIMIT: When the Legislature adopted the criminal punishment code in 1998, it substantially altered sentencing in Florida. As we recently discussed: In Jones v. State, 813 So. 2d 22 (Fla. 2002), we recognized that the establishment of the Criminal Punishment Code in 1998 made substantial changes relating to the sentencing guidelines.
1995 GUIDELINES (5/25/97 thru 9/30/98)
1994 GUIDELINES(On or after 1/1/94 to 5/24/97)
1993 GUIDELINES (10/1/93-12/31/93)
1.) See Heggs, 759 So.2d at 630 (holding the 1995 sentencing guidelines invalid due to a single subject violation);
2.) The latter four offenses each occurred between October 1, 1995, and May 24, 1997, the Heggs window period as set forth in Trapp v. State, 760 So.2d 924, 928 (Fla.2000).
3.) A challenge under Heggs based on the unconstitutionality of the 1995 guidelines is untimely if filed more than two years after a sentence becomes final. Both district courts require that a motion be filed within two years of when Heggs was decided. Heggs was decided on February 17, 2000 and rehearing was denied on July 10, 2000.
TRIPP DOES NOT APPLY TO CPC CODE
(2) Felony offenses not listed in section 921.0022 are assigned a severity level in accordance with section 921.0023, Florida Statutes, 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.
(ABOVE 44 is mandatory prison)