FL S1194

Applies new sentencing guidelines to felony offenses (except capital felonies) committed on or after October 1, 2017, establishing a "lowest permissible sentence" based on total sentence points with a 25 percent variance allowance.

Defines "upward departure sentences" as state prison sentences exceeding 25 percent above the lowest permissible sentence, which require written judicial explanation filed within 7 days and must be supported by preponderance of evidence showing aggravating circumstances.

Lists 20 specific aggravating circumstances justifying upward departure sentences, including heinous/atrocious/cruel violence, offense committed shortly after release, victim vulnerability, hate crimes, and extensive criminal history patterns.

Authorizes appellate review if sentences fall outside the range authorized by the new sentencing guidelines, allowing defendants to appeal sentences above the lowest permissible amount and allowing the state to appeal sentences below it.

Requires only one aggravating circumstance to justify an upward departure sentence when multiple reasons exist, and specifies that split sentences combining incarceration with community control do not constitute upward departures by themselves.