IN RE FLORIDA RULES OF CRIMINAL PROCEDURE 3.701 AND 3.988 (SENTENCING GUIDELINES)
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The Florida Supreme Court adopted amendments to Florida Rules of Criminal Procedure 3.701 and 3.988 to incorporate legislative changes to the sentencing guidelines and to revise forms to comply with new paper-size requirements. The amendments reorganized offense categories and updated forms while maintaining the same criteria and weights for calculating guidelines sentences.
The Court amended both rules 3.701 and 3.988 as indicated in the appendix, with the procedural amendments in case 74,818 effective immediately and the revised forms in case 75,364 effective January 1, 1991. The offense categories were reorganized into nine categories encompassing specific statutory references, and the forms were revised to require more detailed information while maintaining the same substantive calculation criteria.
[1] Amendments to Florida Rules of Criminal Procedure 3.701 and 3.988 are adopted to incorporate legislative changes and conform to paper-size requirements.
[2] Amendments to Florida Rules of Criminal Procedure 3.701 and 3.988 that are purely procedural are effective immediately upon filing.
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Join FLexlaw to unlock all legal intelligence“The forms have been completely revised and require more detailed information than previous forms, but do not change the criteria used to calculate a guidelines sentence or the weight assigned to those criteria.”
Establishes that the revised forms maintain substantive consistency with prior sentencing calculation methodology despite requiring more detailed information.
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Join FLexlaw to unlock all legal intelligenceThe Sentencing Guidelines Commission filed two petitions seeking rule changes. The first petition addressed procedural updates to reflect legislative …
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REVISED ON MOTION FOR CLARIFICATION *
PER CURIAM.
The Sentencing Guidelines Commission has filed two petitions seeking changes in Florida Rules of Criminal Procedure 3.701 and 3.988. The first amendments, presented in case no. 74,818, are purely procedural and are intended to incorporate legislative changes regarding crimes subject to the sentencing guidelines. The second petition, case no. 75,364, revises the forms contained in rule 3.988(a)-(j) to conform to the paper-size requirements implemented in In re Amendment to Florida Rules of Judicial Administration, Rule 2.055 (Paper Size), 550 So. 2d 457 (Fla.1989). The forms have been completely revised and require more detailed information than previous forms, but do not change the criteria used to calculate a guidelines sentence or the weight assigned to those criteria.
Therefore, we amend rules 3.701 and 3.988 as indicated in the appendix to this opinion. The amendments adopted in no. 74,818 will be effective immediately upon filing of this opinion. The new forms adopted in no. 75,364 will be effective at 12:01 a.m., January 1, 1991.
It is so ordered.
SHAW, C.J., and OVERTON, McDonald, ehrlich, barkett, GRIMES and KOGAN, JJ., concur. APPENDIX
Rule 3.701(c) — OFFENSE CATEGORIES
(c) Offenses have been grouped into nine (9) offense categories encompassing the following statutes:
Category 1: Murder, manslaughter: Chapter 782 [except subsection 782.04(l)(a) ], and subsection 316.193(3)(c)3, and section 327.351(2)
Category 2: Sexual offenses: Chapters 794 and 800 and section 826.04
Category 3: Robbery: Section 812.13
Category 4: Violent personal crimes: Chapters 784 and 836 and section 843.01
Category 5: Burglary: Chapter 810 and subsection 806.13(3)
Category 6: Thefts, forgery, fraud: Chapters 322 and 409, section 415.111, chapter 443, section 493.3175, and chapters 509, 812 (except section 812.13), 815, 817, 831, and 832
Category 7 Drugs: Chapter 893
Category 8 Weapons: Chapter 790 and section 944.40
Category 9 All other felony offenses *
On motion for clarification we have substituted page 783 of the appendix, recommended ranges for category 6, due to the inadvertent omission of statutory references from that page and have changed the effective date for the new forms adopted in case no. 75,364.
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Flowers v. State, 567 So. 2d 1055 (Fla. 5th DCA 1990)…the sentencing guidelines scoresheet and forms, including Form 3.988(g), Category 7: Drugs. In re: Florida Rules of Criminal Procedure 3.701 and 3.988 (sentencing guidelines), 15 F.L.W. S210 (Fla. Apr. 12, 1990), revised on Motion for Clarification, 566 So. 2d 770 (Fla.1990). These amendments reflect that “legal status” is scored once while “victim injury” is scored by the number of victims injured as shown in the amended form: The court noted that the revised forms do not change the criteria used to calcula…
Authorities Cited
- In re Amendment TO THE Florida Rules OF Judicial Administration, 550 So. 2d 457 (Fla. 1989)