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Florida Statute 921.0023 | Lawyer Caselaw & Research
F.S. 921.0023 Case Law from Google Scholar
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The 2023 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 921
SENTENCE
View Entire Chapter
F.S. 921.0023
921.0023 Criminal Punishment Code; ranking unlisted felony offenses.A felony offense committed on or after October 1, 1998, that is not listed in s. 921.0022 is ranked with respect to offense severity level by the Legislature, commensurate with the harm or potential harm that is caused by the offense to the community. Until the Legislature specifically assigns an offense to a severity level in the offense severity ranking chart, the severity level is within the following parameters:
(1) A felony of the third degree within offense level 1.
(2) A felony of the second degree within offense level 4.
(3) A felony of the first degree within offense level 7.
(4) A felony of the first degree punishable by life within offense level 9.
(5) A life felony within offense level 10.
History.s. 6, ch. 97-194; s. 5, ch. 98-204.

F.S. 921.0023 on Google Scholar

F.S. 921.0023 on Casetext

Amendments to 921.0023


Arrestable Offenses / Crimes under Fla. Stat. 921.0023
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 921.0023.



Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

U.S. Supreme Court11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All
  1. On the merits, the record does not conclusively refute Hartshorn's allegation that the State incorrectly scored his two prior convictions for felony battery in case number 2016-CF-9905. The attachments to Hartshorn's motion reflected that those convictions were for violations of section 784.03(2), Florida Statutes (2016), described as "prior convic [sic] battery commit 2nd [sic] sub battery." The offense severity chart set forth in section 921.0022(3), Florida Statutes (2016) does not assign a severity level to battery offenses charged under section 784.03(2) , as Hartshorn's prior charges were. Therefore, Hartshorn's priors fall under the criminal punishment code's catch-all provision for third-degree felonies for which the legislature has not specified a severity level, i.e., level 1. See § 921.0023( 1), Fla. Stat. (2016). As such, they properly are assigned only .5 points each under 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…
  2. Fla. Dep't of Corr. v. Gould

    344 So. 3d 496 (Fla. Dist. Ct. App. 2022)   Cited 1 times
    The criminal attempt statute does not cross-reference any other criminal offense provision or state that it serves to modify any such provision. The highlighted language instead points to a criminal attempt being an offense separate from the offense attempted. The language distinguishes between "an offense prohibited by law" and "the offense of criminal attempt." Later paragraphs in the statute repeatedly reference "criminal attempt" as a free-standing offense. For example, subsection (4) states the phrase "the offense of criminal attempt" six times. See, e.g., § 777.04(4)(a), Fla. Stat. (providing that "the offense of criminal attempt ... is ranked for purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944 one level below the ranking under s. 921.0022 or s. 921.0023 of the offense attempted, solicited, or conspired to" (emphasis supplied)); id. (4)(b) ("[I]f the offense attempted ... is a capital felony ... the offense of criminal attempt ... is a felony of the first degree." (emphasis supplied)); id. (4)(c), (d), (e) (continuing to distinguish between the "offense attempted" and the "offense of criminal attempt" and…
  3. Miller v. State

    321 So. 3d 946 (Fla. Dist. Ct. App. 2021)
    The elements of an out-of-state conviction must be sufficient to constitute a felony under Florida law. See Hankins v. State, 42 So. 3d 871, 873 (Fla. 2d DCA 2010). In Florida, tampering with an electronic monitoring device is a third-degree felony with an offense level of 1. See §§ 921.0023(1), 948.11(7), Fla. Stat. (2011). However, an attempted third-degree felony with an offense level of 1 is a first-degree misdemeanor punishable by no more than one year in prison. See §§ 775.082(4)(a), 777.04(4)(d)–(e), Fla. Stat. (2011).
    PAGE 948
  4. In addition, a violation of section 827.071(5), Florida Statutes, generally constitutes a level 5 offense. § 921.0022(3)(e), Fla. Stat. However, pursuant to section 775.0847, Florida Statutes, these offenses were scored "one level above the ranking under s. 921.0022 or s. 921.0023 of the offense committed." Thus, all 10 of the Defendant's crimes were properly scored as level 6 offenses.
    PAGE 9
  5. Johnson v. State

    263 So. 3d 74 (Fla. Dist. Ct. App. 2019)
    Kidnapping is a first degree felony, punishable up to life and is ranked as a level nine offense. §§ 787.01(2); 921.0022(3)(i), Fla. Stat. (2018). Section 775.087(1), Fla. Stat. (2018), provides for reclassification of felonies when a weapon or firearm is involved. The statute provides that: "[f]or purposes of sentencing under chapter 921 ..., a felony offense which is reclassified under this section is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the felony offense committed." § 775.087(1).
    PAGE 77
  6. (2) Felony offenses not listed in section 921.0022 are assigned a severity level in accordance with section 921.0023, Florida Statutes, as follows:
    PAGE 522
  7. Both § 817.568(6), Fla. Stat., and § 817.568(11), Fla. Stat., criminalize Fraudulent Use of Personal Identification Information of a Person 60 Years of Age or Older. While both are second degree felonies, § 817.568(6), Fla. Stat., is listed in level 8 and § 817.568(11), Fla. Stat., is unlisted, which would make it a level 4, according to § 921.0023, Fla. Stat. If the State alleges that the defendant violated § 817.568(11), Fla. Stat., and that the victim was 60 years of age or older, the trial judge should instruct using the appropriate parts of Instruction 20.15.
    PAGE 1024
  8. (2) Felony offenses not listed in section 921.0022 are assigned a severity level in accordance with section 921.0023, Florida Statutes, as follows:
    PAGE 34
  9. Trusty v. State

    210 So. 3d 758 (Fla. Dist. Ct. App. 2017)   Cited 2 times
    The State also conceded error with regard to Trusty's claim that the criminal punishment scoresheet incorrectly classified his tampering with a witness conviction as a level nine offense, arguing that it should have been classified as a level four offense. This concession was incorrect because witness tampering is a level four offense only when the relevant investigation or proceeding is a third-degree felony. See § 914.22, Fla. Stat. (2014) (classifying witness tampering offenses based on the affected investigation or proceeding); § 21.0022, Fla. Stat. (2014) (providing that the statutory references and offense degree designations in the offense severity ranking chart are controlling, and ranking the third-degree felony of tampering with a witness as a level four offense). Here, because Trusty's tampering conviction relates to a proceeding or investigation for a higher degree offense—second-degree murder—it is classified in accordance with section 921.0023, Florida Statutes. See §§ 914.22, 921.0022, 921.0023, Fla. Stat. (2014).
    PAGE 760
  10. Both § 817.568(6), Fla. Stat., and § 817.568(11), Fla. Stat., criminalize Fraudulent Use of Personal Identification Information of a Person 60 Years of Age or Older. While both are second degree felonies, § 817.568(6), Fla. Stat., is listed in level 8 and § 817.568(11), Fla. Stat., is unlisted, which would make it a level 4, according to § 921.0023, Fla. Stat. If the State alleges that the defendant violated § 817.568(11), Fla. Stat., and that the victim was 60 years of age or older, the trial judge should instruct using the appropriate parts of Instruction 20.15.
    PAGE 844

    Cases from cite.case.law:

    JOHNSON, v. STATE, 263 So. 3d 74 (Fla. App. Ct. 2019)

    . . . which is reclassified under this section is ranked one level above the ranking under s. 921.0022 or s. 921.0023 . . .

    IN RE AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE- REGULAR- CYCLE REPORT., 265 So. 3d 494 (Fla. 2018)

    . . . Felony offenses not listed in section 921.0022 are assigned a severity level in accordance with section 921.0023 . . . An offense does not become unlisted and subject to the provisions of section 921.0023 because of a reclassification . . .

    IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 253 So. 3d 995 (Fla. 2018)

    . . . Stat., is unlisted, which would make it a level 4, according to § 921.0023, Fla. Stat. . . .

    TRUSTY, v. STATE, 210 So. 3d 758 (Fla. Dist. Ct. App. 2017)

    . . . investigation for a higher degree offense— second-degree murder—-it is classified in accordance with section 921.0023 . . . See §§ 914.22, 921.0022, 921.0023, Fla. Stat. (2014). . . .

    In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 202 So. 3d 830 (Fla. 2016)

    . . . Stat., is unlisted, which would make it a level -4, according to § 921.0023, Fla. Stat. . . .

    GAMMAGE, v. STATE, 210 So. 3d 97 (Fla. Dist. Ct. App. 2016)

    . . . [fjelony of the third degree ranked in level 3, 4, 5, 6, 7, 8, 9, or 10 under s. 921.0022 or s. 921.0023 . . .

    In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 176 So. 3d 938 (Fla. 2015)

    . . . Stat., is unlisted, which .would make it a level 4, according to § 921.0023, Fla. Stat. . . .

    E. MAYS, v. STATE, 89 So. 3d 1009 (Fla. Dist. Ct. App. 2012)

    . . . See § 921.0023, Fla. Stat. (2006). . . .

    C. CARLSON, v. STATE, 978 So. 2d 829 (Fla. Dist. Ct. App. 2008)

    . . . See § 921.0023(2), Fla. . . .

    LEWIS, Jr. v. STATE, 952 So. 2d 1271 (Fla. Dist. Ct. App. 2007)

    . . . which is reclassified under this section is ranked one level above the ranking under s. 921.0022 or s. 921.0023 . . .

    JOHNSON, v. STATE, 807 So. 2d 159 (Fla. Dist. Ct. App. 2002)

    . . . . §§ 921.0023, 921.0024(2), Fla. Stat. (Supp.2000). . . .

    AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE CRIMINAL PUNISHMENT CODE, 810 So. 2d 826 (Fla. 2001)

    . . . (2) Felony offenses not listed in section 921.0022 are assigned a severity level in accordance with 921.0023 . . . An offense does not become unlisted and subject to the provisions of section 921.0023 because of a reclassification . . .

    EULO, v. STATE, 786 So. 2d 43 (Fla. Dist. Ct. App. 2001)

    . . . See § 921.0023(2), Fla. Stat. (2000). . . .

    AMENDMENT TO FLORIDA RULE OF CRIMINAL PROCEDURE d, 763 So. 2d 997 (Fla. 1999)

    . . . Felony offenses not listed in section 921.0022 are assigned a severity level in accordance with section 921.0023 . . . An offense does not become unlisted and subject to the provisions of section 921.0023 because of a reclassification . . .

    NEWMAN, v. STATE, 738 So. 2d 981 (Fla. Dist. Ct. App. 1999)

    . . . subsection is ranked one level above the ranking under s. 921.0012, s. 921.0013, s. 921.0022 or s. 921.0023 . . .

    In ADOPTION OF FLORIDA RULES OF CRIMINAL PROCEDURE AND TO IMPLEMENT THE FLORIDA CRIMINAL PUNISHMENT CODE, 721 So. 2d 265 (Fla. 1998)

    . . . Felony offenses not listed in section 921.0022 are assigned a severity level in accordance with section 921.0023 . . . An offense does not become unlisted and subject to the provisions of section 921.0023 because of a reclassification . . .