3.3 Florida Criminal Law Distinctions

Florida criminal law features several unique statutory and common-law doctrines that depart from standard model codes. For the Florida Bar Exam, three distinctions are of paramount importance: the procedural burden of proof under the "Stand Your Ground" self-defense immunity statute, the strict application of the M'Naghten rule for insanity, and the calculation of felony sentences under the Florida Criminal Punishment Code (CPC).

"Stand Your Ground" (SYG) Immunity and Burden of Proof

Florida was a pioneer in enacting "Stand Your Ground" legislation, codified in Fla. Stat. § 776.012 and § 776.032. Under these statutes, a person is justified in using force, including deadly force, if they reasonably believe it is necessary to prevent imminent death or great bodily harm to themselves or another, or to prevent the imminent commission of a forcible felony (such as robbery, burglary, or sexual battery).

Crucially, Florida law provides that a person who is not engaged in unlawful activity and is in a place where they have a right to be has no duty to retreat before using force. They may stand their ground and meet force with force, including deadly force if reasonably necessary.

The procedural mechanism for raising a Stand Your Ground claim is unique. A defendant claiming self-defense under the statute is not merely raising an affirmative defense at trial; rather, the statute grants immunity from criminal prosecution and civil action.

1. Pre-Trial Motion: The defendant raises the immunity claim by filing a pre-trial motion to dismiss under Fla. R. Crim. P. 3.190(c)(3).
2. Evidentiary Hearing: The court must hold a pre-trial evidentiary hearing before a judge, sitting without a jury.
3. The Initial Burden: The defendant carries the initial burden of establishing a prima facie claim of self-defense immunity by showing some evidence that they acted in self-defense.
4. The Shifting Burden: Once the defendant makes this prima facie showing, the burden shifts to the State to prove by clear and convincing evidence that the defendant is not entitled to immunity. If the State fails to meet this high standard at the pre-trial hearing, the judge must grant the motion and dismiss the charges with prejudice. If the State meets the burden, the case proceeds to trial, where the defendant can still assert self-defense to the jury.

The Insanity Defense and the M'Naghten Rule

Florida strictly adheres to the traditional M'Naghten Rule as the sole test for criminal insanity. Under Florida common law and Fla. Stat. § 775.27, a defendant is legally insane if, at the time of the commission of the offense, because of a mental infirmity, disease, or defect, the defendant did not know:

1. The nature and consequences of their physical act (i.e., they did not know what they were doing); OR
2. That what they were doing was wrong (i.e., they could not distinguish between right and wrong with respect to the act).

Florida does not recognize other tests used in different jurisdictions, such as the "irresistible impulse" test or the Model Penal Code's "substantial capacity" test. Furthermore, Florida does not permit a defense of "diminished capacity" to negate specific intent; a defendant is either legally sane or insane.

Insanity is an affirmative defense. Under Fla. Stat. § 775.27, the defendant has the burden of proving insanity by clear and convincing evidence. Procedurally, the defendant must file a written Notice of Intent to Rely on Insanity within 15 days of arraignment (or as permitted by the court). Once notice is filed, the court will appoint independent experts to examine the defendant.

The Florida Criminal Punishment Code (CPC)

For all non-capital felonies committed in Florida, sentencing is governed by the Florida Criminal Punishment Code (CPC), codified in Fla. Stat. Chapter 921 and Fla. R. Crim. P. 3.704 and 3.992. The CPC establishes a structured scoresheet system to calculate the sentencing guidelines for a defendant.

Preparation of a CPC scoresheet is mandatory. Offenses are ranked by severity from Level 1 (least severe) to Level 10 (most severe). Points are assigned based on this ranking. The scoresheet calculates points for: primary offense; additional offenses; prior record; victim injury; legal status violations; and multipliers.

Victim injury points are scored if the injury occurred during the criminal transaction, even if injury is not an element of the charged crime. Once the points are totaled, the following rules apply:

1. The 44-Point Threshold: If the total scoresheet points are 44 points or less, the court must sentence the defendant to a non-state prison sanction (such as probation, community control, or county jail for up to one year), unless the court makes written findings that a non-state prison sanction presents a danger to the public.
2. Prison Sentence Calculation: If the total points exceed 44, the lowest permissible sentence in state prison is calculated using the formula: (Total Points - 44) * 0.75 months. The court cannot sentence the defendant below this minimum unless a downward departure is authorized.
3. Downward Departures: A judge may sentence a defendant below the lowest permissible prison sentence only if they find a valid statutory mitigating circumstance under Fla. Stat. § 921.0026. Common mitigating factors include: a valid plea agreement, the defendant was a minor participant, the defendant requires specialized treatment for a physical or mental disorder, or the victim initiated or provoked the incident. The departure must be supported by competent, substantial evidence, and the judge must make written findings explaining the reasons.