Florida Statutes
Fla. Stat. § 921.0023 (2025)
Criminal Punishment Code; ranking unlisted felony offenses.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 13
cases, 1998–2018 · leading case: In Re Stand. Jury Instructions in Crim. Cases-report No. 2014-08, 176 So. 3d 938 (Fla. 2015).
In Re Stand. Jury Instructions in Crim. Cases-report No. 2014-08, 176 So. 3d 938 (Fla. 2015). “would make it a level 4, according to § 921.0023, Fla. Stat. If the State alleges that the defendant violated § 817.”
Eulo v. State, 786 So. 2d 43 (Fla. 4th DCA 2001). “See § 921.0023(2), Fla. Stat. (2000). The sentence that was entered was exactly as bargained for, namely five years in prison.”
In Re Stand. Jury Instructions in Crim. Cases—report 2016-03, 202 So. 3d 830 (Fla. 2016). “, is unlisted, which would make it a level -4, according to § 921.0023, Fla. Stat. If the State alleges that the defendant violated § 817.”
In re Adoption of Florida Rules of Crim. Procedure 3.704 & 3.992 to Implement the Florida Crim. Punishment Code, 721 So. 2d 265 (Fla. 1998). “0022 are assigned a severity level in accordance with section 921.0023, Florida Statutes, as follows: (A) A felony of the third degree within offense level 1.”
In Re: Amendments to the Florida Rules of Crim. Procedure-2018 Regular-cycle Report., 265 So. 3d 494 (Fla. 2018). “0022 are assigned a severity level in accordance with section 921.0023, Florida Statutes, as follows: (A) A a felony of the third degree within offense level 1 .”
Stephen Trusty v. State of Florida, 210 So. 3d 758 (Fla. 1st DCA 2017). “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.”
Mays v. State, 89 So. 3d 1009 (Fla. 4th DCA 2012). “See § 921.0023, Fla. Stat. (2006). This claim was not addressed below or in response to this court’s order.”
Amendments to Florida Rules of Crim. Procedure 3.704 & 3.992, 810 So. 2d 826 (Fla. 2001). “An offense does not become unlisted and subject to the provisions of section 921.0023 because of a reclassification of the degree of felony pursuaet-tounder section 775.”
In Re: Amendments to the Florida Rules of Crim. Procedure - 2018 Regular-Cycle Report (Fla. 2018). “0022 are assigned a severity level in accordance with section 921.0023, Florida Statutes, as follows: (A) Aa felony of the third degree within offense level 1.”
In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-03., 253 So. 3d 995 (Fla. 2018). “, is unlisted, which would make it a level 4, according to § 921.0023, Fla. Stat. If the State alleges that the defendant violated § 817.”
Amendment to Florida Rule of Crim. Procedure 3.704(d)(23), 763 So. 2d 997 (Fla. 1999). “0022 are assigned a severity level in accordance with section 921.0023, Florida Statutes, as follows: (A) A felony of the third degree within offense level 1.”
Carlson v. State, 978 So. 2d 829 (Fla. 3d DCA 2008). “See § 921.0023(2), Fla. Stat. (2005) ("The permissible range for sentencing shall be the lowest permissible sentence up to and including the statutory maximum.”
— 921.0023(2) — 2 cases
Eulo v. State, 786 So. 2d 43 (Fla. 4th DCA 2001). “See § 921.0023(2), Fla. Stat. (2000). The sentence that was entered was exactly as bargained for, namely five years in prison.”
Carlson v. State, 978 So. 2d 829 (Fla. 3d DCA 2008). “See § 921.0023(2), Fla. Stat. (2005) ("The permissible range for sentencing shall be the lowest permissible sentence up to and including the statutory maximum.”
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