The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 921
SENTENCE

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F.S. 921.231

921.231 Presentence investigation reports.—

(1) Any circuit court of the state, when the defendant in a criminal case has been found guilty or has entered a plea of nolo contendere or guilty, may refer the case to the Department of Corrections for investigation and recommendation. Upon request of the court, it shall be the duty of the department to make either or both of the following reports in writing to the circuit court at a specified time prior to sentencing, depending upon the circumstances of the offender and the offense. The full report shall include:

(a) A complete description of the situation surrounding the criminal activity with which the offender has been charged, including a synopsis of the trial transcript, if one has been made; nature of the plea agreement including the number of counts waived, the pleas agreed upon, the sentence agreed upon, and additional terms of agreement; and, at the offender’s discretion, his or her version and explanation of the act.

(b) The offender’s sentencing status, including whether the offender is a first offender, habitual offender, or youthful offender or is currently on probation.

(d) The offender’s educational background.

(e) The offender’s employment background, including any military record, his or her present employment status, and his or her occupational capabilities.

(f) The offender’s financial status, including total monthly income and estimated total debts.

(g) The social history of the offender, including his or her family relationships, marital status, interests, and related activities.

(h) The residence history of the offender.

(i) The offender’s medical history and, as appropriate, a psychological or psychiatric evaluation.

(j) Information about the environments to which the offender might return or to which the offender could be sent should a sentence of nonincarceration or community supervision be imposed by the court and consideration of the offender’s plan concerning employment supervision and treatment.

(k) Information about any resources available to assist the offender, such as:

1. Treatment centers.

2. Residential facilities.

3. Vocational training programs.

4. Special education programs.

5. Services that may preclude or supplement commitment to the department.

(l) The views of the person preparing the report as to the offender’s motivations and ambitions and an assessment of the offender’s explanations for his or her criminal activity.

(m) An explanation of the offender’s criminal record, if any, including his or her version and explanation of any previous offenses.

(n) A statement regarding the extent of the victim’s loss or injury.

(o) A recommendation as to disposition by the court. It shall be the duty of the department to make a written determination as to the reasons for its recommendation. The department shall include an evaluation of the following factors:

1. The appropriateness or inappropriateness of community facilities, programs, or services for treatment or supervision.

2. The ability or inability of the department to provide an adequate level of supervision for the offender in the community and a statement of what constitutes an adequate level of supervision.

3. The existence of other treatment modalities which the offender could use but which do not exist at present in the community.

If requested by the court, the department shall also provide to the court a summary report designed to expeditiously give the court information critical to its approval of any plea. The summary report shall include the information required by paragraphs (a), (b), (c), (j), (m), (n), and (o).

(2) In those instances in which a presentence investigation report has been previously compiled, the department may elect to complete a short-form report updating the above information.

(3) All information in the presentence investigation report should be factually presented and verified if reasonably possible by the preparer of the report. On examination at the sentencing hearing, the preparer of the report, if challenged on the issue of verification, shall bear the burden of explaining why it was not possible to verify the challenged information.

(4) The nonconfidential portion of the presentence investigation shall constitute the basic classification and evaluation document of the Department of Corrections and shall contain a recommendation to the court on the treatment program most appropriate to the diagnosed needs of the offender, based upon the offender’s custody classification, rehabilitative requirements, and the utilization of treatment resources in proximity to the offender’s home environment.

History.—s. 8, ch. 74-112; s. 12, ch. 75-49; s. 2, ch. 75-301; s. 18, ch. 77-120; s. 30, ch. 79-3; s. 1, ch. 90-69; s. 1548, ch. 97-102.

F.S. 921.231 on Google Scholar

F.S. 921.231 on Casetext

Amendments to 921.231

Arrestable Offenses / Crimes under Fla. Stat. 921.231

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 921.231.

Annotations, Discussions, Cases:

Cases from cite.case.law:

DAVIS, v. STATE, 268 So. 3d 958 (Fla. App. Ct. 2019)

. . . . § 921.231(1)(c), Fla. Stat. (2016). . . . severity of the sentence increases with the length and nature of the offender's prior record."); see § 921.231 . . . See §§ 921.002(1)(d), 921.231(1)(m), Fla. Stat. . . . ." § 921.231(1)(l ), Fla. Stat. . . . history, "[a] complete description of the situation surrounding the criminal activity," and so on, id. § 921.231 . . .

BERBEN, v. STATE, 268 So. 3d 235 (Fla. App. Ct. 2019)

. . . State, 211 So.3d 147, 149 (Fla. 4th DCA 2017) ; see also § 921.231, Fla. Stat. (2017). . . .

TURNER, v. STATE, 261 So. 3d 729 (Fla. App. Ct. 2018)

. . . Stat. (2010) ); see also § 921.231(1)(c), Fla. . . .

P. GORZYNSKI, DOC v. STATE, 255 So. 3d 990 (Fla. App. Ct. 2018)

. . . See § 921.231(1), Fla. . . . See § 921.231, Fla. Stat. (2016). Mr. . . .

PARR, v. STATE, 247 So. 3d 550 (Fla. App. Ct. 2018)

. . . factors enumerated in the provisions of the presentence investigation report, noting that under section 921.231 . . . See §§ 921.231(1)(c) ; 948.015(3), Fla. Stat. (2016). . . .

LOVE, v. STATE, 235 So. 3d 1037 (Fla. Dist. Ct. App. 2018)

. . . See § 921.231(g), (j), Fla. Stat. (2015); Crouse v. State, 101 So.3d 901, 903 (Fla. 4th DCA 2012). . . .

BROWN, Jr. v. STATE, 225 So. 3d 947 (Fla. Dist. Ct. App. 2017)

. . . . § 921.231(1)(c), Fla. Stat. (2010). . . . In light of this holding, I would urge the Legislature to amend section 921.231(1), to include subsequent . . . The Court did so based upon its interpretation of the Criminal Punishment Code and section 921.231, Florida . . .

DICKIE, v. STATE, 216 So. 3d 35 (Fla. Dist. Ct. App. 2017)

. . . .’’ § 921.231(l)(n). . . .

CABRIANO, v. STATE, 211 So. 3d 147 (Fla. Dist. Ct. App. 2017)

. . . Section 921.231, Florida Statutes (2013), permits a trial judge to request a presentence investigation . . . the offender has been charged, including a synopsis of the trial transcript, if one has been made.” § 921.231 . . . that such subsequent arrests were not specified as proper sentencing factors in sections 921.0021 and 921.231 . . .

D. ANDREWS, v. STATE, 207 So.3d 889 (Fla. Dist. Ct. App. 2017)

. . . In Norvil, the Florida Supreme Court looked to section 921.231, Florida Statutes (2010), the statute . . . The statute instructs that the PSI shall include “[t]he residence history of the offender.” § 921.231 . . . The wording of subsection 921.231(l)(h) is plain that residence history of the defendant was to be considered . . .

CHARLES, v. STATE, 204 So.3d 63 (Fla. Dist. Ct. App. 2016)

. . . . § 921.231(l)(c), Fla. Stat. (2010). . . . its “unambiguous” list of factors a trial court may consider in sentencing an individual defendant. § 921.231 . . .

NORVIL, Jr. v. STATE, 191 So. 3d 406 (Fla. 2016)

. . . consideration of facts detailed in the Presentenee Investigation Report (PSI) prepared pursuant to section 921.231 . . . Section 921.231 does not require any sentencing judge to make use of a PSI. . . . .” § 921.231(1), Fla. Stat (2010). . . . reflects that the sentencing judge ordered a pre-sentencing investigation (PSI) report purl suant to § 921.231 . . . This report must include, inter alia, the offender’s prior' record of arrests and convictions. § 921.231 . . . prior arrests as information that is helpful in imposing the appropriate sentence for a defendant. § 921.231 . . .

ROBERTSON, v. STATE, 187 So. 3d 1207 (Fla. 2016)

. . . Section 921.231, Florida Statutes (2012), authorizes DOC to conduct presen-tence investigations and prepare . . . refers a pending capital sentencing matter to DOC for a PSI under rule 3.710(b), the factors in section 921.231 . . .

IMBERT, v. STATE, 154 So. 3d 1174 (Fla. Dist. Ct. App. 2015)

. . . The Florida Legislature recognized a number of relevant factors in enacting section 921.231 of the Florida . . . See § 921.231, Fla. Stat. . . . .” § 921.231(1), Fla. Stat. . . .

In AMENDMENTS TO FLORIDA RULE OF JUDICIAL ADMINISTRATION, 124 So. 3d 819 (Fla. 2013)

. . . .-) -§-§-921.231(l)(i),-948.015(9), Fla, - Stat. (2) Any person-filingThe filer of any document containing . . . Pt3t7-1⅜§§ 921.231{-¾(⅞), 94 8.015(9);-HarStatT ( ) Cl) I am filing herewith a document containing confidential . . .

In AMENDMENTS TO FLORIDA RULE OF JUDICIAL ADMINISTRATION, 68 So. 3d 228 (Fla. 2011)

. . . P. 3.712; §§ 921.231(1)0), 948.015(9), Fla. . . . P. 3.712; §§ 921.231(l)(i), 948.015(9), Fla. Stat. . . . Pro., 272 So.2d 65, 122 (Fla.1972). .See §§ 921.231(1)6) (requiring that, as appropriate, PSIs contain . . .

GERMAN, v. STATE, 27 So. 3d 130 (Fla. Dist. Ct. App. 2010)

. . . .” § 921.231(l)(d)-(m), Fla. Stat.; see also Fla. R.Crim. P. 3.710. But, the defendant declined. . . .

JOHNSON, v. STATE, 979 So. 2d 1122 (Fla. Dist. Ct. App. 2008)

. . . See § 921.231, Fla. Stat. (2005); Huntley v. State, 339 So.2d 194 (Fla.1976); Gibbs v. . . .

D. GIBSON, v. STATE, 817 So. 2d 1084 (Fla. Dist. Ct. App. 2002)

. . . , however, makes no contention that the court had access to all the information required by Section 921.231 . . .

N. REESE, v. STATE, 639 So. 2d 1067 (Fla. Dist. Ct. App. 1994)

. . . . § 921.231(1)(c), Fla.Stat. . . .

T. THOMPSON, v. STATE, 638 So. 2d 116 (Fla. Dist. Ct. App. 1994)

. . . requires the court to make its decision prior to receipt and review of a presentence investigation, § 921.231 . . .

McCLENDON, v. STATE, 589 So. 2d 352 (Fla. Dist. Ct. App. 1991)

. . . The Department of Corrections is responsible for preparing the PSI under the provisions of section 921.231 . . .

E. KING, v. STATE, 578 So. 2d 23 (Fla. Dist. Ct. App. 1991)

. . . Sections 921.231(1), Florida Statutes (1989), provide, in part, that the presentence investigation report . . .

SACHS v. STATE OF FLORIDA, 46 Fla. Supp. 2d 13 (Fla. Cir. Ct. 1990)

. . . Florida Rules of Criminal Procedure, section 921.231(1)0). . . .

HARRIS v. STATE OF FLORIDA, 11 Fla. Supp. 2d 112 (Fla. Cir. Ct. 1985)

. . . Section 921.231(1), Florida Statutes. . . .

PROFFITT, v. L. WAINWRIGHT,, 685 F.2d 1227 (11th Cir. 1982)

. . . . § 921.231 (West Supp.1982). ‘ . See Part III.B supra. . . . .

JANSSON, v. STATE, 399 So. 2d 1061 (Fla. Dist. Ct. App. 1981)

. . . the defendant requested a presentence investigation, which was prepared in accordance with Section 921.231 . . . We are further persuaded to this view by Section 921.231, Florida Statutes (1979), which prescribes the . . .

ADAMS, Jr. v. STATE, 376 So. 2d 47 (Fla. Dist. Ct. App. 1979)

. . . Sections 775.084(3)(a), 921.231, Florida Statutes (1977); Fla.R.Crim.P. 3.710, 3.711, 3.712, 3.713. . . . .

JOHNSON, v. STATE, 355 So. 2d 857 (Fla. Dist. Ct. App. 1978)

. . . whether a trial judge may refuse to consider a pre-sentence investigation report mandated by Section 921.231 . . .

HUNTLEY, v. STATE, 339 So. 2d 194 (Fla. 1976)

. . . to us from the Fourth District Court of Appeal because the trial judge directly held invalid Section 921.231 . . . Appellant contends that Section 921.231, Florida Statutes (Supplement 1974), requires the trial judge . . . The trial judge specifically ruled that Section 921.231 was not binding upon him and that Rule 3.710, . . . The main contention of the appellant is that the trial court was required by Section 921.231, Florida . . . Section 921.231 was amended by Section 921.231, Florida Statutes (1975), which also requires a presentence . . .