IN RE AMENDMENTS TO FLORIDA RULE OF CRIMINAL PROCEDURE 3.992(B)-SUPPLEMENTAL CRIMINAL PUNISHMENT CODE SCORESHEET
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The Florida Supreme Court adopted an amendment to Florida Rule of Criminal Procedure 3.992(b) to add a new mitigating circumstance for downward departure sentencing: when a defendant was making a good faith effort to obtain or provide medical assistance for an individual experiencing a drug-related overdose. The amendment implements legislation enacted in 2012 and became effective immediately.
The Court adopted the amendment to rule 3.992(b) to include the new mitigating circumstance that '[t]he defendant was making a good faith effort to obtain or provide medical assistance for an individual experiencing a drug-related overdose' as a reason for downward departure.
[1] A court may amend a rule of criminal procedure to incorporate a statutory change regarding mitigating circumstances for downward departure in sentencing.
[2] A defendant's good faith effort to obtain or provide medical assistance for an individual experiencing a drug-related overdose is a valid mitigating circumstance for down…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Consistent with the new legislation, the amendment adds to the supplemental scoresheet the following additional mitigating circumstance as a reason for downward departure: '[t]he defendant was making a good faith effort to obtain or provide medical assistance for an individual experiencing a drug-related overdose.'”
The Court's statement of the substantive change made by the amendment to rule 3.992(b).
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Join FLexlaw to unlock all legal intelligenceThe Supreme Court Criminal Court Steering Committee proposed an amendment to rule 3.992(b) in response to chapter 2012-36, section 3 of the Florida La…
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We have for consideration a proposed amendment to Florida Rule of Criminal Procedure 3.992(b) (Supplemental Criminal Punishment Code Scoresheet). We have jurisdiction. See art. V, § 2(a), Fla. Const.
The Supreme Court Criminal Court Steering Committee (Steering Committee) proposes an amendment to rule 3.992(b) in light of chapter 2012-36, section 3, Laws of Florida, amending section 921.0026(2), Florida Statutes (2012) (effective October 1, 2012). Consistent with the new legislation, the amendment adds to the supplemental scoresheet the following additional mitigating circumstance as a reason for downward departure: “[t]he defendant was making a good faith effort to obtain or provide medical assistance for an individual experiencing a drug-related overdose.”
Upon consideration of the Steering Committee’s proposal and the relevant legislation, we amend rule 3.992(b), as reflected in the appendix to this opinion. New language is indicated by underscoring. The amendment shall become effective immediately upon release of this opinion. Because the amendment was not published for comment prior to its adoption, interested persons shall have sixty days from the date of this opinion in which to file comments with the Court.1
It is so ordered.
POLSTON, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, LABARGA, and PERRY, JJ., concur.
