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F.S. 921.187 on Google Scholar

F.S. 921.187 on Casetext

Amendments to 921.187


The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 921
SENTENCE
View Entire Chapter
F.S. 921.187 Florida Statutes and Case Law
921.187 Disposition and sentencing; alternatives; restitution.—
(1) The alternatives provided in this section for the disposition of criminal cases shall be used in a manner that will best serve the needs of society, punish criminal offenders, and provide the opportunity for rehabilitation. If the offender does not receive a state prison sentence, the court may:
(a) Impose a split sentence whereby the offender is to be placed on probation upon completion of any specified period of such sentence, which period may include a term of years or less.
(b) Make any other disposition that is authorized by law.
(c) Place the offender on probation with or without an adjudication of guilt pursuant to s. 948.01.
(d) Impose a fine and probation pursuant to s. 948.011 when the offense is punishable by both a fine and imprisonment and probation is authorized.
(e) Place the offender into community control requiring intensive supervision and surveillance pursuant to chapter 948.
(f) Impose, as a condition of probation or community control, a period of treatment which shall be restricted to a county facility, a Department of Corrections probation and restitution center, a probation program drug punishment treatment community, or a community residential or nonresidential facility, excluding a community correctional center as defined in s. 944.026, which is owned and operated by any qualified public or private entity providing such services. Before admission to such a facility, the court shall obtain an individual assessment and recommendations on the appropriate treatment needs, which shall be considered by the court in ordering such placements. Placement in such a facility, except for a county residential probation facility, may not exceed 364 days. Placement in a county residential probation facility may not exceed 3 years. Early termination of placement may be recommended to the court, when appropriate, by the center supervisor, the supervising probation officer, or the probation program manager.
(g) Sentence the offender pursuant to s. 922.051 to imprisonment in a county jail when a statute directs imprisonment in a state prison, if the offender’s cumulative sentence, whether from the same circuit or from separate circuits, is not more than 364 days.
(h) Sentence the offender who is to be punished by imprisonment in a county jail to a jail in another county if there is no jail within the county suitable for such prisoner pursuant to s. 950.01.
(i) Require the offender to participate in a work-release or educational or technical training program pursuant to s. 951.24 while serving a sentence in a county jail, if such a program is available.
(j) Require the offender to perform a specified public service pursuant to s. 775.091.
(k) Require the offender who violates chapter 893 or violates any law while under the influence of a controlled substance or alcohol to participate in a substance abuse program.
(l)1. Require the offender who violates any criminal provision of chapter 893 to pay an additional assessment in an amount up to the amount of any fine imposed, pursuant to ss. 938.21 and 938.23.
2. Require the offender who violates any provision of s. 893.13 to pay an additional assessment in an amount of $100, pursuant to ss. 938.055 and 943.361.
(m) Impose a split sentence whereby the offender is to be placed in a county jail or county work camp upon the completion of any specified term of community supervision.
(n) Impose split probation whereby upon satisfactory completion of half the term of probation, the Department of Corrections may place the offender on administrative probation pursuant to s. 948.013 for the remainder of the term of supervision.
(o) Require residence in a state probation and restitution center or private drug treatment program for offenders on community control or offenders who have violated conditions of probation.
(p) Impose any other sanction which is provided within the community and approved as an intermediate sanction by the county public safety coordinating council as described in s. 951.26.
(q) Impose, as a condition of community control, probation, or probation following incarceration, a requirement that an offender who has not obtained a high school diploma or high school equivalency diploma or who lacks basic or functional literacy skills, upon acceptance by an adult education program, make a good faith effort toward completion of such basic or functional literacy skills or high school equivalency diploma, as defined in s. 1003.435, in accordance with the assessed adult general education needs of the individual offender.
(2) The court shall require an offender to make restitution under s. 775.089 unless the court finds clear and compelling reasons not to order such restitution. If the court does not order restitution, or orders restitution of only a portion of the damages, as provided in s. 775.089, the court shall state the reasons on the record in detail. An order requiring an offender to make restitution to a victim under s. 775.089 does not remove or diminish the requirement that the court order payment to the Crimes Compensation Trust Fund under chapter 960.
History.—s. 6, ch. 83-131; s. 6, ch. 84-363; s. 6, ch. 88-96; s. 77, ch. 88-122; s. 5, ch. 88-381; s. 44, ch. 89-526; s. 4, ch. 90-111; s. 8, ch. 90-287; s. 8, ch. 91-225; s. 2, ch. 91-280; s. 3, ch. 92-107; ss. 22, 36, ch. 92-310; s. 6, ch. 93-37; s. 2, ch. 93-59; s. 9, ch. 93-227; s. 5, ch. 94-107; s. 22, ch. 94-342; s. 25, ch. 95-184; s. 27, ch. 96-322; s. 58, ch. 96-388; s. 25, ch. 97-194; s. 38, ch. 97-271; s. 4, ch. 2002-81; s. 1041, ch. 2002-387; s. 2, ch. 2003-142; s. 36, ch. 2004-373; s. 20, ch. 2005-128; s. 1, ch. 2008-250; s. 5, ch. 2010-64; s. 7, ch. 2010-113; s. 2, ch. 2012-125; s. 47, ch. 2016-105; s. 16, ch. 2017-115; s. 134, ch. 2019-167.

Statutes updated from Official Statutes on: March 07, 2023
F.S. 921.187 on Google Scholar

F.S. 921.187 on Casetext

Amendments to 921.187


Arrestable Offenses / Crimes under Fla. Stat. 921.187
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 921.187.

Civil Citations / Citable Offenses under S921.187
R or S next to points is Mandatory Revocation or Suspension

Current data shows no reason a civil citation or a suspension or revocation of license should have been issued under Florida Statute 921.187.

Annotations, Discussions, Cases:

  1. Glass v. State

    574 So. 2d 1099 (Fla. 1991)   Cited 24 times
    § 921.187(1)(g), Fla. Stat. (1989).
    PAGE 1101

  2. Glass v. State

    556 So. 2d 465 (Fla. Dist. Ct. App. 1990)   Cited 20 times
    DOES A DOUBLE JEOPARDY VIOLATION RESULT FROM THE IMPOSITION OF A PROBATIONARY SPLIT SENTENCE WHEN THE LEGISLATURE HAS NOT EXPLICITLY AUTHORIZED THAT DISPOSITION IN THE SENTENCING ALTERNATIVES OF SECTION 921.187, FLORIDA STATUTES?
    PAGE 467

  3. Heggs v. State

    759 So. 2d 620 (Fla. 2000)   Cited 717 times
    Sections 14-25. These sections amend various statutes addressing substantive crimes and sentencing enhancement, in part to reflect changes in the sentencing guidelines established in sections 2 through 7. See Ch. 95-184, §§ 14-25, at 1703-16. In theory, section 19 impacts Heggs' three-year minimum sentence terms, see supra note 2, while section 25 amends another portion of chapter 921 relating to sentencing alternatives (section 921.187).
    PAGE 625

  4. State v. Langdon

    978 So. 2d 263 (Fla. Dist. Ct. App. 2008)   Cited 2 times
    The record reflects that the trial court was concerned that section 948.034 did not reference the other two statutes, sections 921.187 and 893.13. However, statutes having related purposes may be read together without the need for a specific reference or directive within the language of either statute. See, e.g., DuFresne v. State, 826 So.2d 272, 276 (Fla. 2002). Here, all of the chapters at issue deal with sentencing combined with drug abuse control. Section 921.187 (Disposition and sentencing; alternatives; restitution) states that "[t]he alternatives provided in this section for the disposition of criminal cases shall be used in a manner that will best serve the needs of society, punish criminal offenders, and provide the opportunity for rehabilitation." § 921.187(1), Fla. Stat.
    PAGE 265

  5. State v. Rivera

    249 So. 3d 1314 (Fla. Dist. Ct. App. 2018)   Cited 1 times
    Bryant Rivera entered an open plea to a charge of possession of alprazolam, a third-degree felony. § 893.13(6)(a), Fla. Stat. (2017). The trial court withheld adjudication of guilt and sentenced Rivera to one day in the county jail with credit for time served. The State appeals Rivera’s sentence, arguing that the court erred by withholding adjudication of guilt pursuant to section 775.08435, Florida Statutes (2017), or alternatively, by withholding adjudication of guilt without placing Rivera on a term of probation under section 921.187, Florida Statutes (2017). "The legality of a sentence is a question of law, and thus, subject to de novo review." Montgomery v. State, 230 So.3d 1256, 1258 (Fla. 5th DCA 2017) (citing Pinkard v. State, 185 So.3d 1289, 1289–90 (Fla. 5th DCA 2016) ).

  6. Sanchez v. State

    541 So. 2d 1140 (Fla. 1989)   Cited 14 times
    Ch. 83-131, § 6, Laws of Fla., created § 921.187 as part of the "Correctional Reform Act of 1983."

  7. Carter v. State

    552 So. 2d 203 (Fla. Dist. Ct. App. 1989)   Cited 8 times
    The appealed issue in this case stems from the offender's successful completion of his sentence to imprisonment for five years before he violated the conditions of probation. As Judge Barfield has pointed out in his concurring opinion, section 921.187, Florida Statutes, sets forth the statutory authority for the disposition and sentencing alternatives available in criminal cases, yet the supreme court's opinion in Poore makes no mention of this statute in characterizing the five sentencing alternatives available to the courts. Nothing in section 921.187 authorizes the court to sentence an offender to imprisonment for a specified term and, after completing service of the full term of imprisonment, to serve an additional period of probation. The only statutorily authorized basis for imposing a so-called "split sentence" is set forth in subsection 921.187( 1)(g), which specifies a "true split sentence" as defined in category 2 of the Poore decision ("consisting of a total period of confinement with a portion of the confinement period suspended and the defendant placed on probation for that suspended portion"). Ibid. Therefore, like Judge Barfield, I…
    PAGE 206

  8. Gaskins v. State

    607 So. 2d 475 (Fla. Dist. Ct. App. 1992)   Cited 18 times
    In addition to being unauthorized under Poore, appellant's sentence is also impermissible under Section 921.187, Florida Statutes (1991). Appellant's probationary term preceded an incarcerative term; under section 921.187 all the probationary terms either follow a term of incarceration or are imposed in lieu of incarceration.
    PAGE 477

  9. Denson v. State

    556 So. 2d 823 (Fla. Dist. Ct. App. 1990)   Cited 15 times
    This construction and application of the rule does not offend any provisions in either sections 921.187 or 948.01, Florida Statutes (1987). The language of sections 921.187 and 948.01 does not explicitly prohibit the imposition of community control and probation in the same sentence; rather, the somewhat ambiguous language of those sections has been the subject of conflicting constructions by different district courts of appeal as to whether the statutes do authorize such a sentence. Compare Cox v. State, 550 So.2d 1169 (Fla. 4th DCA 1989); Reed v. State, 545 So.2d 891 (Fla. 4th DCA 1989); Chessler v. State, 467 So.2d 1102 (Fla. 4th DCA 1985); Williams v. State, 464 So.2d 1218 (Fla. 1st DCA 1984); with Petras v. State, 486 So.2d 44 (Fla. 5th DCA 1986); Burrell v. State, 483 So.2d 479 (Fla. 2d DCA 1986). As these differences in construction of the statutory provisions and criminal rule remained unreconciled at the time the supreme court amended rule 3.701 and the legislature enacted that amendment in ch. 86-273, Laws of Florida, it is perfectly appropriate to treat this legislative amendment as validly clarifying and altering the construction of the other…
    PAGE 825

  10. Horner v. State

    597 So. 2d 920 (Fla. Dist. Ct. App. 1992)   Cited 5 times
    Placement in a county residential probation facility may be imposed for a period up to 3 years. § 921.187(1)(d), Fla. Stat. (1989). From our record, it does not appear that the Bradenton Restitution and Probation Center is classified as a county facility.
    PAGE 922