IN RE: AMENDMENTS TO FLORIDA RULE OF CRIMINAL PROCEDURE 3.992. (2023)

The Florida Bar's Criminal Procedure Rules Committee (Committee) filed a report proposing amendments to Florida Rule of Criminal Procedure 3.992 (Criminal Punishment Code Scoresheet).¹ The Committee and the Board of Governors of The Florida Bar approved the proposed amendments. The Committee published its proposal for comment prior to filing it with the Court and no comments were received. After the Committee filed its report, the Court published the proposal for comment, and no comments were received.

Having considered the proposed amendments, the Court hereby amends Florida Rule of Criminal Procedure 3.992. The amendments include the following. In subdivision (a) under the last section heading “Total Sentence Imposed,” above the box for the judge's signature, the form currently states “Other Reason” for a mitigated departure. We amend the rule by adding a check box before “Other Reason” and adding “(s):” after reason. In subdivision (b) under the section “Reasons For Departure – Mitigating Circumstances,” at the end of the list, an additional checkbox is added for “Other Reason(s)” and a blank line for the sentencing judge to note any non-enumerated reasons for a downward departure. These amendments align the rule with section 921.0026, Florida Statutes (2022), which notes that the mitigating factors to be considered by the sentencing court when considering a downward departure are not limited to those specifically enumerated in the statute.

Accordingly, we amend Florida Rule of Criminal Procedure 3.992 as reflected in the appendix to this opinion. New language is indicated by underscoring; deletions are indicated by struck-through type. The amendments to the rule shall become effective October 1, 2023, at 12:01 a.m.

It is so ordered.

APPENDIX

FOOTNOTES

1.   We have jurisdiction. See art. V, § 2(a), Fla. Const.; Fla. R. Gen. Prac. & Jud. Admin. 2.140(b)(1).

PER CURIAM.

MUÑIZ, C.J., and CANADY, LABARGA, COURIEL, GROSSHANS, FRANCIS, and SASSO, JJ., concur.