IN RE AMENDMENTS TO FLORIDA RULE OF CRIMINAL PROCEDURE 3.992-CRIMINAL PUNISHMENT CODE SCORESHEETS
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The Florida Supreme Court adopted proposed amendments to Florida Rule of Criminal Procedure 3.992(a) concerning Criminal Punishment Code Scoresheets. The amendments implement legislation creating a 2.0 multiplier for the subtotal sentence points in certain adult-on-minor sex offenses, effective October 1, 2014.
The Court adopted the proposed amendments to rule 3.992(a) as reflected in the appendix, effective October 1, 2014. The amendments implement a 2.0 multiplier of the subtotal sentence points for certain adult-on-minor sex offenses consistent with the new legislation.
[1] The Florida Supreme Court has jurisdiction to consider proposed amendments to the Florida Rules of Criminal Procedure.
[2] Amendments to Florida Rule of Criminal Procedure 3.992(a) may be adopted to conform to legislative changes in the Criminal Punishment Code.
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Join FLexlaw to unlock all legal intelligence“Consistent with the new legislation, the amendment creates a multiplier of 2.0 of the subtotal sentence points for certain adult-on-minor sex offenses.”
Establishes the core purpose of the amendment—implementing the statutory multiplier for specific sex offenses.
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Join FLexlaw to unlock all legal intelligenceThe Supreme Court Criminal Court Steering Committee proposed amendments to rule 3.992(a) in response to chapter 2014-4, section 9, Laws of Florida, wh…
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This matter is before the Court for consideration of proposed amendments to Florida Rule of Criminal Procedure Rule 3.992(a) (Criminal Punishment Code Score-sheet). We have jurisdiction. See art. V, § 2(a), Fla. Const.
The Supreme Court Criminal Court Steering Committee (Steering Committee) proposes amendments to rule 3.992(a) in light of chapter 2014-4, section 9, Laws of Florida, which amends section 921.0024(l)(b), Florida Statutes (effective October 1, 2014). Consistent with the new legislation, the amendment creates a multiplier of 2.0 of the subtotal sentence points for certain adult-on-minor sex offenses.
After considering the Steering Committee’s proposals and reviewing the relevant legislation, we adopt the proposed amendments to rule 3.992(a), as reflected in the appendix to this opinion. New language is indicated by underscoring. The amendments shall become effective October 1, 2014, at 12:01 a.m. Because the amendments were not published for comment prior to their 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.
LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON, and PERRY, JJ., concur.
APPENDIX
*519O County Jail D Time Served _ _ _ □ Community Control _ _ _ D Probation □ Modified _ _ _ Please check if sentenced as □ habitual offender, Dhabitual violent offender, □ violent career criminal, □ prison releasee reoffender, or a □ mandatory minimum applies. O Mitigated Departure □ Plea Bargain Prison Diversion Program Other Reason_ JUDGE’S SIGNATURE Effective Data: For offenses committed under the Criminal Punishment Codo effective for offenses commilled on or after October 1,1998, i (b) [No Changes)
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Hartshorn v. State, 333 So. 3d 344 (Fla. 2d DCA 2023)…nder Florida Rule of Criminal Procedure 3.992(a), rather than the nine points attributed to them on the scoresheet the postconviction court used. See In re Amendments to Florida Rule of Criminal Procedure 3.992—Criminal Punishment Code Scoresheets, 147 So. 3d 515, 516 (Fla. 2014). Obviously, then, the postconviction court's continued reliance on the original scoresheet was error. The record on appeal does not show that this error was harmless. See Brooks v. State, 969 So. 2d 238, 238 (Fla. 2007) (holding th…