23-21.008. Severity of Offense Behavior

The severity of offense behavior shall reflect the present offense of conviction’s degree of felony or misdemeanor. If the present offense of conviction involved multiple separate offenses, the severity of offense behavior shall be established for the most serious of the separate offenses which resulted in a sentence to incarceration or in a sentence to 60 days or more when aggregation is utilized, including sentences of 60 days or more to time served. The other offenses may be used as aggravating factors whether those commitments are active or expired. This shall be applied to both offenses that led to either consecutive or concurrent sentences and convictions resulting in sentence disposition other than to incarceration. If the actual offense behavior was more or less severe than the present offense of conviction, a decision outside the matrix time range may be considered.

Rulemaking Authority 947.07, 947.165 FS. Law Implemented 947.002, 947.165 FS. History–New 9-10-81, Amended 10-1-82, 8-1-83, Formerly 23-21.08, Amended 1-5-94, 8-17-06.