Florida Punishment Code Departure Sentences

Florida abandoned the Uniform Sentencing Guidelines on October 1, 1998, when the Florida Punishment Code became the sentencing law for all Florida Felony cases.

Under the Florida Punishment Code, many new changes were enacted to increase the amount of prison time defendants serve.  Also, the instances where first offenders are to be sentenced to prison increased in number and severity each year.

The Florida Punishment Code is a point system.  The magic number is 44: Any defendant who scores over 44 points must be sentenced to the Florida Department of Corrections (prison) unless a legally valid reason exists to depart from the Florida Punishment Code.  Any defendant who scores up to 44 points may be sentenced to prison, but it is not mandatory under the code.

Florida Rule of Criminal Procedure 3.992(b) lists several well recognized grounds for a sentencing court to sentence someone to a non-prison sentence even when the point system requires otherwise.  Departure sentences are difficult to obtain since most judges do not want to appear 'soft on crime.'  However, experienced legal counsel should know what departure grounds are the most likely to work, and which ones will not.

NOTE: Drug & alcohol addiction have been specifically excluded as a justification for a departure sentence. Mental illness is still recognized legal departure justification, even where the defendant is not 'crazy'.

• Florida Misdemeanor & Felony Case Pretrial Diversion Programs
• Reductions or substitutions in charge from greater charges to lesser offenses
• Florida Punishment Code Departure Sentences
• One Stop Therapy Program