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Florida Statute 921.0024 | Lawyer Caselaw & Research
F.S. 921.0024 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. 921.0024
921.0024 Criminal Punishment Code; worksheet computations; scoresheets.
(1)(a) The Criminal Punishment Code worksheet is used to compute the subtotal and total sentence points as follows:

FLORIDA CRIMINAL PUNISHMENT CODE
WORKSHEET

OFFENSE SCORE

Primary Offense
LevelSentence Points Total
10116=  
992=  
874=  
756=  
636=  
528=  
422=  
316=  
210=  
14=  
    
Total   
Additional Offenses
LevelSentence Points Counts Total
1058x = 
946x = 
837x = 
728x = 
618x = 
55.4x = 
43.6x = 
32.4x = 
21.2x = 
10.7x = 
M0.2x = 
      
Total   
Victim Injury
LevelSentence Points Number Total
2nd degree
murder-
death
240x = 
Death120x = 
Severe40x = 
Moderate18x = 
Slight4x = 
Sexual
 penetration
80x = 
Sexual
 contact
40x = 
      
Total   

Primary Offense + Additional Offenses + Victim Injury =

TOTAL OFFENSE SCORE

PRIOR RECORD SCORE

Prior Record
LevelSentence Points Number Total
1029x = 
923x = 
819x = 
714x = 
69x = 
53.6x = 
42.4x = 
31.6x = 
20.8x = 
10.5x = 
M0.2x = 
      
Total   

  TOTAL OFFENSE SCORE 

  TOTAL PRIOR RECORD SCORE 

  LEGAL STATUS 

  COMMUNITY SANCTION VIOLATION 

  PRIOR SERIOUS FELONY 

  PRIOR CAPITAL FELONY 

  FIREARM OR SEMIAUTOMATIC WEAPON 

     SUBTOTAL  

  PRISON RELEASEE REOFFENDER (no)(yes) 

  VIOLENT CAREER CRIMINAL (no)(yes) 

  HABITUAL VIOLENT OFFENDER (no)(yes) 

  HABITUAL OFFENDER (no)(yes) 

  DRUG TRAFFICKER (no)(yes) (x multiplier) 

  LAW ENF. PROTECT. (no)(yes) (x multiplier) 

  MOTOR VEHICLE THEFT (no)(yes) (x multiplier) 

  CRIMINAL GANG OFFENSE (no)(yes) (x multiplier) 

  DOMESTIC VIOLENCE IN THE PRESENCE OF RELATED CHILD (no)(yes) (x multiplier) 

  ADULT-ON-MINOR SEX OFFENSE (no)(yes) (x multiplier) 

 

     TOTAL SENTENCE POINTS  

(b) WORKSHEET KEY:

Legal status points are assessed when any form of legal status existed at the time the offender committed an offense before the court for sentencing. Four (4) sentence points are assessed for an offender’s legal status.

Community sanction violation points are assessed when a community sanction violation is before the court for sentencing. Six (6) sentence points are assessed for each community sanction violation and each successive community sanction violation, unless any of the following apply:

1. If the community sanction violation includes a new felony conviction before the sentencing court, twelve (12) community sanction violation points are assessed for the violation, and for each successive community sanction violation involving a new felony conviction.

2. If the community sanction violation is committed by a violent felony offender of special concern as defined in s. 948.06:

a. Twelve (12) community sanction violation points are assessed for the violation and for each successive violation of felony probation or community control where:

I. The violation does not include a new felony conviction; and

II. The community sanction violation is not based solely on the probationer or offender’s failure to pay costs or fines or make restitution payments.

b. Twenty-four (24) community sanction violation points are assessed for the violation and for each successive violation of felony probation or community control where the violation includes a new felony conviction.

Multiple counts of community sanction violations before the sentencing court shall not be a basis for multiplying the assessment of community sanction violation points.

Prior serious felony points: If the offender has a primary offense or any additional offense ranked in level 8, level 9, or level 10, and one or more prior serious felonies, a single assessment of thirty (30) points shall be added. For purposes of this section, a prior serious felony is an offense in the offender’s prior record that is ranked in level 8, level 9, or level 10 under s. 921.0022 or s. 921.0023 and for which the offender is serving a sentence of confinement, supervision, or other sanction or for which the offender’s date of release from confinement, supervision, or other sanction, whichever is later, is within 3 years before the date the primary offense or any additional offense was committed.

Prior capital felony points: If the offender has one or more prior capital felonies in the offender’s criminal record, points shall be added to the subtotal sentence points of the offender equal to twice the number of points the offender receives for the primary offense and any additional offense. A prior capital felony in the offender’s criminal record is a previous capital felony offense for which the offender has entered a plea of nolo contendere or guilty or has been found guilty; or a felony in another jurisdiction which is a capital felony in that jurisdiction, or would be a capital felony if the offense were committed in this state.

Possession of a firearm, semiautomatic firearm, or machine gun: If the offender is convicted of committing or attempting to commit any felony other than those enumerated in s. 775.087(2) while having in his or her possession: a firearm as defined in s. 790.001, an additional eighteen (18) sentence points are assessed; or if the offender is convicted of committing or attempting to commit any felony other than those enumerated in s. 775.087(3) while having in his or her possession a semiautomatic firearm as defined in s. 775.087(3) or a machine gun as defined in s. 790.001, an additional twenty-five (25) sentence points are assessed.

Sentencing multipliers:

Drug trafficking: If the primary offense is drug trafficking under s. 893.135, the subtotal sentence points are multiplied, at the discretion of the court, for a level 7 or level 8 offense, by 1.5. The state attorney may move the sentencing court to reduce or suspend the sentence of a person convicted of a level 7 or level 8 offense, if the offender provides substantial assistance as described in s. 893.135(4).

Violent offenses committed against specified justice system personnel: If the primary offense is a violation of s. 775.0823(2), (3), or (4), the subtotal sentence points are multiplied by 2.5. If the primary offense is a violation of s. 775.0823(5), (6), (7), (8), or (9), the subtotal sentence points are multiplied by 2.0. If the primary offense is a violation of s. 784.07(3) or s. 775.0875(1), or s. 775.0823(10) or (11), the subtotal sentence points are multiplied by 1.5.

Grand theft of a motor vehicle: If the primary offense is grand theft of the third degree involving a motor vehicle and in the offender’s prior record, there are three or more grand thefts of the third degree involving a motor vehicle, the subtotal sentence points are multiplied by 1.5.

Offense related to a criminal gang: If the offender is convicted of the primary offense and committed that offense for the purpose of benefiting, promoting, or furthering the interests of a criminal gang as defined in s. 874.03, the subtotal sentence points are multiplied by 1.5. If applying the multiplier results in the lowest permissible sentence exceeding the statutory maximum sentence for the primary offense under chapter 775, the court may not apply the multiplier and must sentence the defendant to the statutory maximum sentence.

Domestic violence in the presence of a child: If the offender is convicted of the primary offense and the primary offense is a crime of domestic violence, as defined in s. 741.28, which was committed in the presence of a child under 16 years of age who is a family or household member as defined in s. 741.28(3) with the victim or perpetrator, the subtotal sentence points are multiplied by 1.5.

Adult-on-minor sex offense: If the offender was 18 years of age or older and the victim was younger than 18 years of age at the time the offender committed the primary offense, and if the primary offense was an offense committed on or after October 1, 2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the violation involved a victim who was a minor and, in the course of committing that violation, the defendant committed a sexual battery under chapter 794 or a lewd act under s. 800.04 or s. 847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s. 787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s. 800.04; or s. 847.0135(5), the subtotal sentence points are multiplied by 2.0. If applying the multiplier results in the lowest permissible sentence exceeding the statutory maximum sentence for the primary offense under chapter 775, the court may not apply the multiplier and must sentence the defendant to the statutory maximum sentence.

(2) The lowest permissible sentence is the minimum sentence that may be imposed by the trial court, absent a valid reason for departure. The lowest permissible sentence is any nonstate prison sanction in which the total sentence points equals or is less than 44 points, unless the court determines within its discretion that a prison sentence, which may be up to the statutory maximums for the offenses committed, is appropriate. When the total sentence points exceeds 44 points, the lowest permissible sentence in prison months shall be calculated by subtracting 28 points from the total sentence points and decreasing the remaining total by 25 percent. The total sentence points shall be calculated only as a means of determining the lowest permissible sentence. The permissible range for sentencing shall be the lowest permissible sentence up to and including the statutory maximum, as defined in s. 775.082, for the primary offense and any additional offenses before the court for sentencing. The sentencing court may impose such sentences concurrently or consecutively. However, any sentence to state prison must exceed 1 year. If the lowest permissible sentence under the code exceeds the statutory maximum sentence as provided in s. 775.082, the sentence required by the code must be imposed. If the total sentence points are greater than or equal to 363, the court may sentence the offender to life imprisonment. An offender sentenced to life imprisonment under this section is not eligible for any form of discretionary early release, except executive clemency or conditional medical release under s. 947.149.
(3) A single digitized scoresheet shall be prepared for each defendant to determine the permissible range for the sentence that the court may impose, except that if the defendant is before the court for sentencing for more than one felony and the felonies were committed under more than one version or revision of the guidelines or the code, separate digitized scoresheets must be prepared. The scoresheet or scoresheets must cover all the defendant’s offenses pending before the court for sentencing. The state attorney shall prepare the digitized scoresheet or scoresheets, which must be presented to the defense counsel for review for accuracy in all cases unless the judge directs otherwise. The defendant’s scoresheet or scoresheets must be approved and signed by the sentencing judge.
(4) The Department of Corrections, in consultation with the Office of the State Courts Administrator, state attorneys, and public defenders, must develop and submit the revised digitized Criminal Punishment Code scoresheet to the Supreme Court for approval by June 15 of each year, as necessary. The digitized scoresheet shall have individual, structured data cells for each data field on the scoresheet. Upon the Supreme Court’s approval of the revised digitized scoresheet, the Department of Corrections shall produce and provide the revised digitized scoresheets by September 30 of each year, as necessary. Digitized scoresheets must include individual data cells to indicate whether any prison sentence imposed includes a mandatory minimum sentence or the sentence imposed was a downward departure from the lowest permissible sentence under the Criminal Punishment Code.
(5) The Department of Corrections shall make available the digitized Criminal Punishment Code scoresheets to those persons charged with the responsibility for preparing scoresheets.
(6) The clerk of the circuit court shall transmit a complete and accurate digitized copy of the Criminal Punishment Code scoresheet used in each sentencing proceeding to the Department of Corrections. Scoresheets must be electronically transmitted no less frequently than monthly, by the first of each month, and may be sent collectively.
(7) A digitized sentencing scoresheet must be prepared for every defendant who is sentenced for a felony offense. The individual offender’s digitized Criminal Punishment Code scoresheet and any attachments thereto prepared pursuant to Rule 3.701, Rule 3.702, or Rule 3.703, Florida Rules of Criminal Procedure, or any other rule pertaining to the preparation and submission of felony sentencing scoresheets, must be included with the uniform judgment and sentence form provided to the Department of Corrections.
History.s. 7, ch. 97-194; s. 6, ch. 98-204; s. 111, ch. 99-3; s. 57, ch. 99-7; s. 3, ch. 99-12; s. 10, ch. 99-188; s. 56, ch. 99-193; s. 25, ch. 2000-320; s. 2, ch. 2001-126; s. 4, ch. 2001-183; s. 1, ch. 2002-212; s. 163, ch. 2004-5; s. 18, ch. 2005-128; s. 5, ch. 2007-2; s. 2, ch. 2007-212; s. 26, ch. 2008-238; s. 6, ch. 2013-80; s. 9, ch. 2014-4; s. 5, ch. 2016-7; s. 5, ch. 2018-127; s. 31, ch. 2023-18; s. 2, ch. 2023-190.

F.S. 921.0024 on Google Scholar

F.S. 921.0024 on Casetext

Amendments to 921.0024


Arrestable Offenses / Crimes under Fla. Stat. 921.0024
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 921.0024.



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. Affirmed. See § 921.0024(2), Fla. Stat. (1999) ("If the lowest permissible sentence under the code exceeds the statutory maximum sentence as provided in [section 775.082, Florida Statutes], the sentence required by the code must be imposed."); State v. Gabriel, 314 So.3d 1243, 1246 (Fla. 2021) ("[U]nder section 921.0024(2), the [lowest permissible sentence] is an individual minimum sentence where there are multiple convictions subject to sentencing on a single scoresheet.").
  2. The State notes that it is also legal for a sentence to exceed the statutory maximum sentence under section 775.082 when the total points in the Criminal Punishment Code sentencing scoresheet result in the lowest permissible sentence that exceeds the statutory maximum. § 921.0024(2), Fla. Stat. (2015). However, the lowest permissible sentence cannot be ascertained on the summary record in this appeal, as the scoresheet is not appended to any of the pleadings or orders.
    PAGE 4
  3. Under Florida's Criminal Punishment Code, “[t]he permissible range for sentencing shall be the lowest permissible sentence up to and including the statutory maximum, as defined in § 775.082, for the primary offense and any additional offenses before the court for sentencing.” § 921.0024( 2), Fla. Stat. (2003). “The lowest permissible sentence is the minimum sentence that may be imposed by the trial court, absent a valid reason for departure.” Id. To determine the “lowest permissible sentence,” the trial court assesses points for each conviction, for injury suffered by a victim, and for the defendant's criminal history, to calculate a “total sentence points.” § 921.0024( 1)(a), Fla. Stat. (2003). “‘Victim injury' is scored for physical injury or death suffered by a person as a direct result of any offense pending before the court for sentencing.” Fla. R. Crim. P. 3.704(d)(9). See § 921.0021(7)(a), Fla. Stat. (2003). “Victim injury must be scored for each victim physically injured and for each offense resulting in physical injury whether there are one or more victims.” Fla. R. Crim. P. 3.704(d)(9). The Criminal Punishment Code permits a trial court to impose a…
  4. In the case before us, the corrected scoresheet reflects that the lowest permissible prison sentence is 249.3 months, or 20.775 years, for each felony count, which in count two is 5.775 years longer than the original, statutory maximum sentence of fifteen years. Based on the language of section 921.0024( 2), Florida Statutes (2012), "[i]f the lowest permissible sentence under the code exceeds the statutory maximum sentence as provided in [section] 775.082[, Florida Statutes (2012)], the sentence required by the code must be imposed." "[T]he [lowest permissible sentence] is an individual minimum sentence where there are multiple convictions subject to sentencing on a single scoresheet." State v. Gabriel, 314 So.3d 1243, 1246 (Fla. 2021). In other words, it "applies to each felony at sentencing for which the [lowest permissible sentence] exceeds that felony's statutory maximum sentence, regardless of whether the felony is the primary or an additional offense." Champagne v. State, 269 So.3d 629, 636 (Fla. 2d DCA 2019) (emphasis added). "A downward departure from the lowest permissible sentence, as calculated according to the total sentence points pursuant to [section…
  5. Lynn v. State

    350 So. 3d 832 (Fla. Dist. Ct. App. 2022)
    First, Lynn was on drug offender probation for the third-degree felonies of criminal mischief over $1,000 and possession of a schedule II substance. Upon revoking Lynn's probation, the trial court orally sentenced him to serve six years in prison, with the written judgment showing the six-year sentence on each count to be served concurrently. These sentences exceed the five-year statutory cap for third-degree felonies, and there is nothing contained in the record, such as the lowest permissible sentence on the Criminal Punishment Code scoresheet showing six years, to explain why his sentences should exceed five years. See § 921.0024(2), Fla. Stat. (2020).
    PAGE 833
  6. State v. Sawyer

    350 So. 3d 427 (Fla. Dist. Ct. App. 2022)
    A trial court may impose a downward departure from the lowest possible sentence only if there are circumstances or factors to support the departure; a trial court may not impose a downward departure in the absence of such circumstances or factors. §§ 921.0024(2), 921.0026(1), Fla. Stat. (2021). The onus is on the defendant to establish that a valid reason for a departure exists. See, e.g., State v. Kahl, 333 So. 3d 809, 811–12 (Fla. 1st DCA 2022).
  7. Affirmed. See § 921.0024 (2), Fla. Stat. (2021) ("If the lowest permissible sentence under the [Criminal Punishment Code] exceeds the statutory maximum sentence as provided in s. 775.082, the sentence required by the code must be imposed."); see also State v. Gabriel, 314 So.3d 1243, 1252 (Fla. 2021).
  8. Barber v. State

    346 So. 3d 1286 (Fla. Dist. Ct. App. 2022)
    AFFIRMED . See § 921.0024 (2), Fla. Stat. (2021) ("If the lowest permissible sentence under the [Criminal Punishment Code] exceeds the statutory maximum sentence as provided in s. 775.082, the sentence required by the code must be imposed."); see also State v. Gabriel , 314 So. 3d 1243, 1252 (Fla. 2021).
    PAGE 1287
  9. Baker v. State

    349 So. 3d 443 (Fla. Dist. Ct. App. 2022)
    Section 921.0024(2) provides in part:
  10. State v. Hardley

    344 So. 3d 638 (Fla. Dist. Ct. App. 2022)
    Florida's Criminal Punishment Code provides that "a digitized sentencing scoresheet must be prepared for every defendant who is sentenced for a felony offense." § 921.0024(7), Fla. Stat. This uniform scoresheet, located in section 921.0024, Florida Statutes, guides the calculation of sentencing points "to determine the permissible range for the sentence that the court may impose." Id. § 921.0024(3).
    PAGE 640

    Cases from cite.case.law:

    PICCININI, v. STATE, 275 So. 3d 210 (Fla. App. Ct. 2019)

    . . . any third degree felony violation under chapter 810, and if the total sentence points pursuant to s. 921.0024 . . .

    HAYES, II, v. STATE, 272 So. 3d 815 (Fla. App. Ct. 2019)

    . . . See § 921.0024(1)(b), Fla. Stat. (2015). . . . itself clearly states that the multiplier applies to sexual batteries and other felony offenses. § 921.0024 . . . may not apply the multiplier and must sentence the defendant to the statutory maximum sentence." § 921.0024 . . . See § 921.0024(1)(b), Fla. Stat. (2015). . . .

    D. ELLISON, Jr. v. STATE, 268 So. 3d 1007 (Fla. App. Ct. 2019)

    . . . The "adult-on-minor sex offense" multiplier in section 921.0024(1)(b), Florida Statutes, applies only . . .

    CHAMPAGNE a k a DOC v. STATE, 269 So. 3d 629 (Fla. App. Ct. 2019)

    . . . Section 921.0024(2) states that when "the lowest permissible sentence under the [CPC] exceeds the statutory . . . The postconviction court denied Champagne's motion, finding that section 921.0024 does not require the . . . In so concluding, the supreme court held that "when section 921.0024(2) applies so that the statutory . . . Analysis Although courts have applied the language of section 921.0024(2) and the holdings of Butler . . . It is evident that the effect of section 921.0024(2)'s directive differs significantly if the LPS is . . .

    VEREEN, v. STATE, 267 So. 3d 548 (Fla. App. Ct. 2019)

    . . . . § 921.0024(1)(a), Fla. Stat. . . .

    BARBER, v. STATE, 263 So. 3d 1133 (Fla. App. Ct. 2019)

    . . . See § 921.0024(1)(a), Fla. . . .

    BEAN, v. STATE, 264 So. 3d 947 (Fla. App. Ct. 2019)

    . . . Sections 921.0021(7) and 921.0024, Florida Statutes, provide for different amounts of injury points depending . . . convicted and which is pending before the court for sentencing at the time of the primary offense."); see § 921.0024 . . .

    BROWN, v. STATE, 260 So. 3d 147 (Fla. 2018)

    . . . any third degree felony violation under chapter 810, and if the total sentence points pursuant to s. 921.0024 . . .

    TURNER, v. STATE, 261 So. 3d 729 (Fla. App. Ct. 2018)

    . . . The 1998 version of section 921.0024(1)(b) directs that the assessment of "[c]ommunity sanction violation . . . violation, and for each successive community sanction violation involving a new felony conviction. § 921.0024 . . . Recalculation is not only permitted but required by section 921.0024."). . . .

    JOHNSON Jr. v. STATE, 260 So. 3d 502 (Fla. App. Ct. 2018)

    . . . any third degree felony violation under chapter 810, and if the total sentence points pursuant to s. 921.0024 . . .

    SCOTT, v. STATE, 258 So. 3d 548 (Fla. App. Ct. 2018)

    . . . Florida Statutes, and improperly assessed an adult-on-minor sentence points multiplier under section 921.0024 . . .

    STAUDERMAN, DOC v. STATE, 261 So. 3d 649 (Fla. App. Ct. 2018)

    . . . See § 921.0024(2), Fla. Stat. (2010). . . .

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

    . . . )(24)(A)-(d)(24)(B) are added in response to chapter 2014-4, Laws of Florida, which amended section 921.0024 . . . the lowest permissible sentence, as calculated according to the total sentence points under section 921.0024 . . . accompany the scoresheet required to be provided to the Department of Corrections under subsection 921.0024 . . .

    DELANCY, v. STATE, 256 So. 3d 940 (Fla. App. Ct. 2018)

    . . . State , 199 So.3d 941, 946 (Fla. 4th DCA 2016) (Gross, J., concurring); see also § 921.0024 (2), Fla. . . .

    TAYLOR, Jr. v. STATE, 253 So. 3d 631 (Fla. App. Ct. 2018)

    . . . ." § 921.0024(2), Fla. Stat. (2014). . . .

    STATE v. ROGERS,, 250 So. 3d 821 (Fla. App. Ct. 2018)

    . . . Chapman, 805 So.2d 906, 908 (Fla. 2d DCA 2001) (citing to section 921.0024, Florida Statutes, which provides . . .

    CASTILLO, v. STATE, 244 So. 3d 1098 (Fla. App. Ct. 2018)

    . . . defendant's lowest permissible sentence under the code was 237.45 months, or 19.78 years, and under section 921.0024 . . .

    BOOKER, III, v. STATE, 244 So. 3d 1151 (Fla. App. Ct. 2018)

    . . . any third degree felony violation under chapter 810, and if the total sentence points pursuant to s. 921.0024 . . . judge-imposed upward departure was at issue in Butler , only the harmonizing of sections 775.082 and 921.0024 . . .

    TAYLOR, v. STATE, 238 So. 3d 896 (Fla. App. Ct. 2018)

    . . . any third degree felony violation under chapter 810, and if the total sentence points pursuant to s. 921.0024 . . .

    BROWN, v. STATE, 233 So. 3d 1262 (Fla. Dist. Ct. App. 2017)

    . . . any third degree felony violation under chapter 810, and if the total sentence points pursuant to s. 921.0024 . . .

    SECONG, v. STATE, 225 So. 3d 909 (Fla. Dist. Ct. App. 2017)

    . . . any third degree felony violation under chapter 810, and if the total sentence points pursuant to s. 921.0024 . . .

    WHITTAKER, v. STATE, 223 So. 3d 270 (Fla. Dist. Ct. App. 2017)

    . . . See § 921.0024(b)2.a., Fla. Stat. (2015). . . .

    STATE v. IMBER,, 223 So. 3d 1070 (Fla. Dist. Ct. App. 2017)

    . . . the lowest permissible sentence, as calculated according to the total sentence points pursuant to s. 921.0024 . . .

    JOHNSON, v. STATE, 219 So. 3d 167 (Fla. Dist. Ct. App. 2017)

    . . . but not a forcible felony as defined in s. 776.08 ... and if the total sentence points pursuant to s. 921.0024 . . .

    WOODS, v. STATE, 214 So. 3d 803 (Fla. Dist. Ct. App. 2017)

    . . . any third degree felony violation under chapter 810, and if the total sentence points pursuant to s. 921.0024 . . . See § 921.0024, Fla. Stat. (addressing the sentencing scoresheet). . . . any third degree felony violation under chapter 810, and if the total sentence points pursuant to s. 921.0024 . . .

    MARTINEZ, v. STATE, 216 So. 3d 734 (Fla. Dist. Ct. App. 2017)

    . . . . § 921.0024(2), Fla. Stat. (2007). . . . reason for departure, to sentence the defendant to the lowest permissible sentence for each crime. § 921.0024 . . .

    MCCARTHY, v. STATE, 214 So. 3d 790 (Fla. Dist. Ct. App. 2017)

    . . . any third degree felony violation under chapter 810, and if the total sentence points pursuant to s. 921.0024 . . .

    BYNES, v. STATE, 212 So. 3d 1134 (Fla. Dist. Ct. App. 2017)

    . . . See § 921.0024(2), Fla. Stat. (2013). . . . statutory maximum sentence as provided in s. 775.082, the sentence required by the code must be imposed.” § 921.0024 . . .

    IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 211 So. 3d 995 (Fla. 2017)

    . . . If the State has charged and is seeking the adidt-on-minor sex offense multiplier in § 921.0024(1)(b) . . . If the State charged the defendant in a way to score the adult-on-minor sex offense multiplier in § 921.0024 . . . If the State charged the-defendant in a way to score the adult-on-minor sex offense multiplier in § 921.0024 . . .

    ORR, v. STATE, 206 So.3d 120 (Fla. Dist. Ct. App. 2016)

    . . . nonviolent felony if such nonviolent felony is committed on or after July 1, 2009, and notwithstanding s. 921.0024 . . .

    ROMANO, v. STATE, 205 So. 3d 828 (Fla. Dist. Ct. App. 2016)

    . . . . § 921.0024(2), Fla. . . . .”); Cilio, 913 So.2d at 1234 n. 1 (noting that section 921.0024(2) did not apply in that case). . . .

    FERNANDEZ, v. STATE, 199 So. 3d 500 (Fla. Dist. Ct. App. 2016)

    . . . See §§ 810.02(2)(a), 921.0022(3)(h), 921.0024(l)(a), Fla. Stat (2009). . . .

    ADAMS, v. STATE, 197 So. 3d 641 (Fla. Dist. Ct. App. 2016)

    . . . any third degree felony violation under chapter 810, and if the total séntence points pursuant to s. 921.0024 . . .

    L. LANDRUM, v. STATE, 192 So. 3d 459 (Fla. 2016)

    . . . Stat. (2004) (classifying second-degree murder as a "Level 10” offense); § 921.0024, Fla. . . . As provided for in section 921.0024(2), the "permissible range for sentencing shall be the lowest permissible . . .

    ALFONSO- ROCHE, v. STATE, 199 So. 3d 941 (Fla. Dist. Ct. App. 2016)

    . . . may appeal from: (d) A sentence, on the ground that it is illegal; or (e) A sentence imposed under s. 921.0024 . . . Under the Code, section 921.0024 provides for the preparation of a scoresheet for each defendant, which . . .

    COLON, v. STATE, 199 So. 3d 960 (Fla. Dist. Ct. App. 2016)

    . . . Mar. 30, 2016), I argued in dissent that neither section 921.0024(2), Florida Statutes (2002), nor the . . . I wrote in Dennard: Section 921.0024(2), Florida Statutes (1999), requires that a sentencing score-sheet . . . The sentencing court may impose such sentences concurrently or consecutively.” § 921.0024(2), Fla. . . . sentencing appellant to the LPS for the primary offense satisfies the statutory directive of section 921.0024 . . . motion, the fault in this case really lies in what I believe is an erroneous application of section 921.0024 . . .

    REED, v. STATE, 192 So. 3d 641 (Fla. Dist. Ct. App. 2016)

    . . . any third degree felony violation under chapter 810, and if the total sentence points pursuant to s. 921.0024 . . .

    WALKER, v. STATE, 193 So. 3d 946 (Fla. Dist. Ct. App. 2016)

    . . . lowest permissible sentence provided by' calculations from ’the total sentence points pursuant to s.921.0024 . . .

    RYERSON, v. STATE, 189 So. 3d 1047 (Fla. Dist. Ct. App. 2016)

    . . . any third degree felony violation under chapter 810, and if the total sentence points pursuant to s. 921.0024 . . .

    In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- INSTRUCTIONS A A, 190 So. 3d 1055 (Fla. 2016)

    . . . The 2014 legislature added a sentencing multiplier to § 921.0024(l)(b), Fla. . . . The 2014 legislature added a sentencing multiplier to § 921.0024(l)(b), Fla. . . .

    BUSBEE, v. STATE, 187 So. 3d 1266 (Fla. Dist. Ct. App. 2016)

    . . . P. 3.704(d)(25); see also § 921.0024(2), Fla. Stat. (2011). . . . However, “when section 921.0024(2) applies so that the statutory maximum sentence ... is exceeded by . . . Per section 921.0024(2) and Butler, this approximately 11.7 year calculation becomes the required sentence . . .

    RODRIGUEZ- AGUILAR, v. STATE, 198 So. 3d 792 (Fla. Dist. Ct. App. 2016)

    . . . third degree felony violation under chapter 810, and if the total sentence points pursuant to s[ection] 921.0024 . . .

    MORGAN, v. STATE, 198 So. 3d 812 (Fla. Dist. Ct. App. 2016)

    . . . See § 921.0024(2), Fla. Stat. (2013). The trial court sentenced Mr. . . .

    GREENE, v. STATE, 186 So. 3d 1099 (Fla. Dist. Ct. App. 2016)

    . . . penetration, the sexual contact must be scored in accordance with the sentence points provided under s. 921.0024 . . . Under section 921.0024, sexual contact is scored at forty points for each conviction involving sexual . . . Id. § 921.0024(l)(a). . . .

    STATE v. KNIGHT,, 182 So. 3d 887 (Fla. Dist. Ct. App. 2016)

    . . . nonviolent felony, the defendant’s Criminal Punishment Code scoresheet total sentence points under s. 921.0024 . . .

    RUDD, v. STATE, 177 So. 3d 1015 (Fla. Dist. Ct. App. 2015)

    . . . maximum sentence as provided in s. 775.082, the sentence required by the code must be imposed.[]” § 921.0024 . . . See generally § 921.0024, Fla. Stat. . . . State, 838 So.2d 554, 556 (Fla.2003) (holding that "when section 921.0024(2) applies so that the statutory . . .

    MILLER, v. STATE, 177 So. 3d 95 (Fla. Dist. Ct. App. 2015)

    . . . See § 921.0024(2), Fla. Stat. (1998); Fla. R.Crim. P. 3.704(d)(25); Perkins v. . . .

    RAMROOP, v. STATE, 174 So. 3d 584 (Fla. Dist. Ct. App. 2015)

    . . . Section 921.0024, Florida Statutes, currently provides for a sentencing multiplier when the primary offense . . .

    SOMPS, v. STATE, 183 So. 3d 1090 (Fla. Dist. Ct. App. 2015)

    . . . See § 921.0024(3), Fla. Stat. (2010). . . . .” § 921.0024(3) Fla. Stat. . . . . § 921.0024(1)(a), Fla. Stat. . . .

    STATE v. LINDSAY,, 163 So. 3d 721 (Fla. Dist. Ct. App. 2015)

    . . . See § 921.0024(2), Fla. Stat. (2008). . . . lowest permissible sentence provided by calculations from the total sentence points pursuant to s. 921.0024 . . .

    HOBGOOD, v. STATE, 166 So. 3d 840 (Fla. Dist. Ct. App. 2015)

    . . . .” § 921.0024(2), Fla. Stat. (2013) (emphasis added). . . .

    MURPHY, v. STATE, 161 So. 3d 1282 (Fla. Dist. Ct. App. 2015)

    . . . any third degree felony violation under chapter 810, and if the total sentence points pursuant to s. 921.0024 . . .

    L. ROBINSON, v. STATE, 160 So. 3d 521 (Fla. Dist. Ct. App. 2015)

    . . . See § 921.0024(2), Fla. . . .

    BRADLEY, v. STATE, 155 So. 3d 1248 (Fla. Dist. Ct. App. 2015)

    . . . any third degree felony violation under chapter 810, and if the total sentence points pursuant to s. 921.0024 . . .

    HOLLIMAN, v. STATE, 152 So. 3d 783 (Fla. Dist. Ct. App. 2014)

    . . . See § 921.0024(2), Fla. Stat. (2009); Perkins v. . . .

    LITTLE, v. STATE, 152 So. 3d 770 (Fla. Dist. Ct. App. 2014)

    . . . the lowest permissible sentence, as calculated according to the total sentence points pursuant to s. 921.0024 . . .

    STATE v. HODGES,, 151 So. 3d 531 (Fla. Dist. Ct. App. 2014)

    . . . Pursuant to section 921.0024(l)(a), Fla. . . .

    DRESCH, v. STATE, 150 So. 3d 1199 (Fla. Dist. Ct. App. 2014)

    . . . any third degree felony violation under chapter 810, and if the total sentence points pursuant to s. 921.0024 . . .

    STATE v. ROBINSON,, 149 So. 3d 1199 (Fla. Dist. Ct. App. 2014)

    . . . .” § 921.0024(2), Fla. Stat. (2011); see also § 921.00265(1), Fla. . . .

    LAFAVE, v. STATE, 149 So. 3d 662 (Fla. 2014)

    . . . See §§ 921.0024(2), .00265(1), Fla. Stat. (2003). . . .

    L. BRYANT, v. STATE, 148 So. 3d 1251 (Fla. 2014)

    . . . State, 882 So.2d 977, 985 (Fla.2004) (quoting § 921.0024(2), Fla. Stat. (1999)). . . . third-degree felony violation under chapter 810, and if the total sentence points pursuant to [section] 921.0024 . . .

    In AMENDMENTS TO FLORIDA RULE OF CRIMINAL PROCEDURE CRIMINAL PUNISHMENT CODE SCORESHEETS, 147 So. 3d 515 (Fla. 2014)

    . . . amendments to rule 3.992(a) in light of chapter 2014-4, section 9, Laws of Florida, which amends section 921.0024 . . .

    DENNARD, v. STATE, 157 So. 3d 1055 (Fla. Dist. Ct. App. 2014)

    . . . I write to agree with Judge Warner that section 921.0024(2), Florida Statutes (1999), is unclear on how . . . Section 921.0024(2) provides: The total sentence points shall be calculated only as a means of determining . . . , the legislature needs to clarify its intent as to the application of the last sentence in section 921.0024 . . . The supreme court held that section 921.0024(2), Florida Statutes (2002), required sentencing above the . . . Therefore, we must take in that context the court’s pronouncement that “when section 921.0024(2) applies . . . Section 921.0024(2), Florida Statutes (1999), requires that a sentencing score-sheet be prepared to arrive . . . The sentencing court may impose such sentences concurrently or consecutively.” § 921.0024(2), Fla. . . . two or more of the sentences for offenses charged in the same information be served consecutively); § 921.0024 . . .

    R. JARVIS, v. STATE, 141 So. 3d 1262 (Fla. Dist. Ct. App. 2014)

    . . . P. 3.704(d)(16); § 921.0024(b), Fla. . . .

    STATE v. ROBINSON,, 138 So. 3d 1225 (Fla. Dist. Ct. App. 2014)

    . . . See also §§ 921.0024(2); 921.00265, Fla. Stat. (2011). . . .

    SAWYER, v. STATE, 139 So. 3d 443 (Fla. Dist. Ct. App. 2014)

    . . . See § 921.0024(2), Fla. Stat. (2009); Almendares v. . . .

    C. SUTTON, v. STATE, 128 So. 3d 957 (Fla. Dist. Ct. App. 2013)

    . . . nonviolent felony if such nonviolent felony is committed on or after July 1, 2009, and notwithstanding s. 921.0024 . . .

    RIGUEIRO, v. STATE, 132 So. 3d 853 (Fla. Dist. Ct. App. 2013)

    . . . Section 921.0024(2), Florida Statutes (2001), provides in part: If the lowest permissible sentence under . . .

    HERNANDEZ, v. STATE, 135 So. 3d 352 (Fla. Dist. Ct. App. 2013)

    . . . See §§ 921.0024(2), 921.0026, Fla. Stat. (2011). . . .

    STATE v. STEPHENS,, 128 So. 3d 209 (Fla. Dist. Ct. App. 2013)

    . . . the lowest permissible sentence, as calculated according to the total sentence points pursuant to s. 921.0024 . . .

    BAUTISTA, v. STATE, 128 So. 3d 117 (Fla. Dist. Ct. App. 2013)

    . . . . § 921.0024(2), Fla. Stat. (2004). . . .

    DINKINES, v. STATE, 122 So. 3d 477 (Fla. Dist. Ct. App. 2013)

    . . . any third degree felony violation under chapter 810, and if the total sentence points pursuant to s. 921.0024 . . .

    STATE v. WINBUSH,, 121 So. 3d 1165 (Fla. Dist. Ct. App. 2013)

    . . . nonviolent felony if such nonviolent felony is committed on or after July 1, 2009, and notwithstanding s. 921.0024 . . .

    BAILEY, a k a R. v. STATE, 136 So. 3d 617 (Fla. Dist. Ct. App. 2013)

    . . . (b) For purposes of this section and ss. 903.0351, 948.064, and 921.0024, the term “violent felony offender . . .

    STATE v. THOMPKINS,, 113 So. 3d 95 (Fla. Dist. Ct. App. 2013)

    . . . . §§ 921.0024(2)-(3), 921.0026(1), 921.00265(1), Fla. Stat. (2011). . . .

    STATE v. McKINLEY,, 109 So. 3d 301 (Fla. Dist. Ct. App. 2013)

    . . . See § 921.0024(3), Fla. Stat. (2010); see also Fla. R. Crim. . . .

    BRADLEY, v. STATE, 106 So. 3d 530 (Fla. Dist. Ct. App. 2013)

    . . . any third degree felony violation under chapter 810, and if the total sentence points pursuant to s. 921.0024 . . .

    T. CURRY, v. STATE, 106 So. 3d 504 (Fla. Dist. Ct. App. 2013)

    . . . He claimed that his scoresheet was miscalculated because section 921.0024(2), Florida Statutes (2005) . . .

    STATE v. MARTINEZ,, 103 So. 3d 1013 (Fla. Dist. Ct. App. 2012)

    . . . .”); § 921.0024(l)(b)2., Fla. . . . See § 921.0024(l)(b)2.a„ Fla. Stat. (2009). . . . . The bill also amends the Criminal Punishment Code (s.921.0024, F.S.) to increase the number of Community . . .

    STATE v. LaFAVE,, 113 So. 3d 31 (Fla. Dist. Ct. App. 2012)

    . . . See §§ 921.0024(2), .00265(1), Fla. Stat. (2003). . . .

    ROCHESTER, v. STATE, 95 So. 3d 407 (Fla. Dist. Ct. App. 2012)

    . . . the lowest permissible sentence, as calculated according to the total sentence points pursuant to s. 921.0024 . . .

    L. BRYANT, v. STATE, 93 So. 3d 381 (Fla. Dist. Ct. App. 2012)

    . . . any third degree felony violation under chapter 810, and if the total sentence points pursuant to s. 921.0024 . . .

    COTTO, v. STATE, 89 So. 3d 1025 (Fla. Dist. Ct. App. 2012)

    . . . The criminal punishment code, found in section 921.0024, Florida Statutes (2005), states, in relevant . . . The sentencing court may impose such sentences concurrently or consecutively.” § 921.0024(2) (emphasis . . .

    ALEXANDER, v. STATE, 88 So. 3d 417 (Fla. Dist. Ct. App. 2012)

    . . . any third degree felony violation under chapter 810, and if the total sentence points pursuant to s. 921.0024 . . . refers to the Criminal Punishment Code in designating the total sentence points allowed under section 921.0024 . . .

    W. LINK, v. S. TUCKER,, 870 F. Supp. 2d 1309 (N.D. Fla. 2012)

    . . . calculated only as a means of determining the lowest possible sentence, pursuant to Florida Statutes § 921.0024 . . . total of sentencing points on the score-sheet; and consecutive sentences are expressly authorized by §§ 921.0024 . . . Stat. § 921.0024(2) (2003). . . . Stat. § 921.0024(2) (sentencing court may impose sentences concurrently or consecutively). . . .

    STATE v. GARCIA- COSTA,, 86 So. 3d 562 (Fla. Dist. Ct. App. 2012)

    . . . See § 921.0024, Fla. Stat. (2010); Fla. R.Crim. P. 3.704(d)(25). . . .

    A. THOMPSON, v. STATE, 79 So. 3d 208 (Fla. Dist. Ct. App. 2012)

    . . . . § 921.0024(2), Fla. Stat. (2001). . . . State, 6 So.3d 99, 101 (Fla. 2d DCA 2009) (emphasis omitted) (citing § 921.0024(2), Fla. . . . State, 838 So.2d 554, 556 (Fla.2003) (holding that “when section 921.0024(2) applies so that the statutory . . .

    McGRILL, v. STATE, 82 So. 3d 130 (Fla. Dist. Ct. App. 2012)

    . . . nonviolent felony if such nonviolent felony is committed on or after July 1, 2009, and notwithstanding s. 921.0024 . . . If this is the case, then the language “notwithstanding s. 921.0024 the defendant’s Criminal Punishment . . . If this is the case, then the language “notwithstanding s. 921.0024 the defendant’s Criminal Punishment . . .

    VANDYKE, v. STATE, 76 So. 3d 1077 (Fla. Dist. Ct. App. 2011)

    . . . any third degree felony violation under chapter 810, and if the total sentence points pursuant to s. 921.0024 . . .

    GOLDBERG, v. STATE, 76 So. 3d 1072 (Fla. Dist. Ct. App. 2011)

    . . . any third degree felony violation under chapter 810, and if the total sentence points pursuant to s. 921.0024 . . .

    STATE v. VALERA,, 75 So. 3d 330 (Fla. Dist. Ct. App. 2011)

    . . . Further, the trial court also contravened section 921.0024(2), Florida Statutes, which generally requires . . .

    JONES, v. STATE, 71 So. 3d 173 (Fla. Dist. Ct. App. 2011)

    . . . any third degree felony violation under chapter 810, and if the total sentence points pursuant to s. 921.0024 . . .

    MORRISON, v. STATE, 59 So. 3d 308 (Fla. Dist. Ct. App. 2011)

    . . . State, 980 So.2d 613, 615 (Fla. 4th DCA 2008) (citing § 921.0024(1)(b), Fla. Stat. (2006); Fla. R. . . .

    STATE v. S. ADKISON,, 56 So. 3d 880 (Fla. Dist. Ct. App. 2011)

    . . . A downward departure from the lowest permissible sentence, as calculated pursuant to section 921.0024 . . .

    STATE v. JACKSON,, 55 So. 3d 682 (Fla. Dist. Ct. App. 2011)

    . . . the lowest permissible sentence, as calculated according to the total sentence points pursuant to s. 921.0024 . . .

    JACKSON, v. STATE, 64 So. 3d 90 (Fla. 2011)

    . . . See § 921.0024(2), Fla. Stat. (2008). . . . lowest permissible sentence provided by calculations from the total sentence points pursuant to s. 921.0024 . . .

    McCLOUD, v. STATE, 55 So. 3d 643 (Fla. Dist. Ct. App. 2011)

    . . . any third degree felony violation under chapter 810, and if the total sentence points pursuant to s. 921.0024 . . . See § 921.0024, Fla. Stat. (2009). . . .

    LINDER, v. STATE, 54 So. 3d 1031 (Fla. Dist. Ct. App. 2011)

    . . . As to the claim that 80 points were erroneously included, section 921.0024, Florida Statutes, provides . . .

    T. HUTTO, v. STATE, 50 So. 3d 85 (Fla. Dist. Ct. App. 2010)

    . . . any third degree felony violation under chapter 810, and if the total sentence points pursuant to s. 921.0024 . . .

    TASKER, v. STATE, 48 So. 3d 798 (Fla. 2010)

    . . . Section 921.0024(3), Florida Statutes, provides: A single scoresheet shall be prepared for each defendant . . . See § 921.0024(3), Fla. Stat; Fla. R.Crim. P. 3.172(c)(1). . . . scored on the Criminal Punishment Code sentencing scoresheet in accord with the provisions of section 921.0024 . . . Section 921.0024(l)(a) provides that forty victim injury points must be imposed for "sexual contact” . . .