Florida's Criminal Punishment Code

Florida utilizes the Criminal Punishment Code (CPC) scoring system to determine the minimum allowable sentence for all felony crimes.

Under the CPC, every felony offense is assigned an Offense Level between 1 and 10, which then carries a point value. Generally the more serious the crime, the higher the offense level.

In simple terms, the point value for a person's crimes are added together and if the number is 44 points or more, the person is facing mandatory prison (commonly referred to as scoring prison). If the number is less than 44 points, or qualifies under the Chronic Substance Abuser exception, the person is eligible for probation or community control.

Chronic Substance Abuser

Under Florida Statute 948.20, if a person convicted of a non-violent felony scores less than 60 points and is found to be a “chronic substance abuser,” a judge may sentence the person to drug offender probation in lieu of prison.

Preparing the CPC Scoresheet

To determine what a person scores, the crimes are designated as Primary Offense, Additional Offenses, and Prior Record at sentencing.

The Primary Offense is the crime with the highest offense level. If two crimes are the same offense level, only one will be designated as the Primary Offense and the other will be placed as an Additional Offense. Finally, all past criminal history is placed under Prior Record.

The offenses are then placed on the CPC scoresheet and the amount of points assigned is determined by the Offense Level of the Primary Offense, Additional Offenses, and Prior Record.

As can be expected, point value is higher when the offense appears as a Primary Offense than as an Additional Offense or Prior Record.

Florida Criminal Penalty Code Point Scoring
Offense Level Primary Offense
Point Value
Additional Offense
Point Value
Prior Record
Point Value
Level 1 4 0.7 0.5
Level 2 10 1.2 0.8
Level 3 16 2.4 0.7
Level 4 22 3.6 2.4
Level 5 28 5.4 3.6
Level 6 36 18 9
Level 7 56 28 14
Level 8 74 37 19
Level 9 92 46 23
Level 10 116 58 29

Additional Sentencing Factors

In addition to the Offense Level points, the CPC also assesses additional points when certain circumstances are present:

  • Victim Injury
  • Legal Status Violations
  • Community Sanction Violations
  • Firearm / Semi-Automatic Weapons
  • Prior Serious Felonies
  • Enhancement Multipliers

Many times a person's ultimate score can be significantly increased because of these factors.

Calculating the Point Total

To determine a person's point total - and whether they score prison - the Primary Offense, Additional Offenses, Prior Record and Additional Sentencing Factors are individually sub-totaled and then added together.

If the total number is less than 44 points, the calculation stops and the person is eligible for probation or community control.

If the total number is greater than 44 points, then a sentencing formula is applied to calculate the lowest permissible prison sentence by subtracting 28 from the total points and then multiplying that number by 0.75.

  • (Total Points - 28) * .75 = Lowest Permissible Prison Sentence (In Months)

Contact Criminal Defense Lawyer Richard Hornsby

Contact Criminal Defense Lawyer Richard Hornsby if you have been charged with a Felony offense in Florida.

The initial consultation is free and I am always available to advise you on the proper course of action to take.