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Florida Statute 958.11 | Lawyer Caselaw & Research
F.S. 958.11 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 958.11

The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 958
YOUTHFUL OFFENDERS
View Entire Chapter
F.S. 958.11
958.11 Designation of institutions and programs for youthful offenders; assignment from youthful offender institutions and programs.
(1) The department shall by rule designate separate institutions and programs for youthful offenders and shall employ and utilize personnel specially qualified by training and experience to operate all such institutions and programs for youthful offenders. Youthful offenders who are at least 14 years of age but who have not yet reached the age of 18 years at the time of reception shall be separated from offenders who are 18 years of age or older.
(2) Youthful offender institutions and programs shall contain only those youthful offenders sentenced as such by a court or classified as such by the department, pursuant to the requirements of subsections (7) and (9), except that under special circumstances select adult offenders may be assigned to youthful offender institutions. All female youthful offenders may continue to be housed together at those institutions designated by department rule.
(3) The department may assign a youthful offender who is 18 years of age or older to a facility in the state correctional system which is not designated for the care, custody, control, and supervision of youthful offenders or an age group only in the following circumstances:
(a) If the youthful offender is convicted of a new crime that is a felony under the laws of this state.
(b) If the youthful offender becomes such a serious management or disciplinary problem resulting from serious violations of the rules of the department that his or her original assignment would be detrimental to the interests of the program and to other inmates committed thereto.
(c) If the youthful offender needs medical treatment, health services, or other specialized treatment otherwise not available at the youthful offender facility.
(d) If the department determines that the youthful offender should be transferred outside of the state correctional system, as provided by law, for services not provided by the department.
(e) If bed space is not available in a designated community residential facility, the department may assign a youthful offender to a community residential facility, provided that the youthful offender is separated from other offenders insofar as is practical.
(4) The department may assign a youthful offender whose age does not exceed 17 years to an adult facility for medical or mental health reasons, for protective management, or for close management. The youthful offender shall be separated from offenders who are 18 years of age or older.
(5) If the youthful offender was originally assigned to a facility designated for 14- to 17-year-old youthful offenders, but subsequently reaches the age of 18 years, the department may retain the youthful offender in a facility designated for 18- to 22-year-old youthful offenders if the department determines that it is in the best interest of the youthful offender and the department.
(6) If the youthful offender was originally assigned to a facility designated for 18- to 22-year-old youthful offenders, but subsequently reaches the age of 23 years, the department may retain the offender in the facility until the age of 25 if the department determines that it is in the best interest of the youthful offender and the department.
(7) The department shall continuously screen all institutions, facilities, and programs for any inmate who meets the eligibility requirements for youthful offender designation specified in s. 958.04(1)(a) and (c) whose age does not exceed 24 years and whose total length of sentence does not exceed 10 years, and the department may classify and assign as a youthful offender any inmate who meets the criteria of this subsection.
(8) The department shall coordinate all youthful offender assignments or transfers and shall review and maintain access to full and complete documentation and substantiation of all such assignments or transfers of youthful offenders to or from facilities in the state correctional system which are not designated for their care, custody, and control, except assignments or transfers made pursuant to paragraph (3)(c).
(9) The department may assign to a youthful offender facility any inmate, except a capital or life felon, whose age does not exceed 19 years but who does not otherwise meet the criteria of this section, if the department determines that such inmate’s mental or physical vulnerability would substantially or materially jeopardize his or her safety in a nonyouthful offender facility. Assignments made under this subsection shall be included in the department’s annual report.
History.s. 11, ch. 78-84; s. 22, ch. 85-288; s. 104, ch. 94-209; s. 51, ch. 95-283; s. 39, ch. 96-312; s. 1882, ch. 97-102; s. 8, ch. 2008-250; s. 7, ch. 2017-31.

F.S. 958.11 on Google Scholar

F.S. 958.11 on Casetext

Amendments to 958.11


Arrestable Offenses / Crimes under Fla. Stat. 958.11
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 958.11.



Annotations, Discussions, Cases:

Cases from cite.case.law:

THOMAS, v. STATE, 244 So. 3d 1131 (Fla. App. Ct. 2018)

. . . Id. at 1025 ; § 958.11, Fla. Stat. (2010). . . .

DAVIS, v. STATE, 223 So. 3d 1106 (Fla. Dist. Ct. App. 2017)

. . . State, 49 So.3d 785, 787 n.2 (Fla. 4th DCA 2010); § 958.11, Fla. Stat. (2008)). . . .

STATE v. CHUBBUCK,, 141 So. 3d 1163 (Fla. 2014)

. . . has included “specialized treatment otherwise not available” language in a separate statute, section 958.11 . . . Section 958.11(3)(c) authorizes the DOC to assign a youthful offender to a facility not designed for . . . offender needs “specialized treatment otherwise not available at the youthful offender facility.” § 958.11 . . .

LONG, v. STATE, 99 So. 3d 997 (Fla. Dist. Ct. App. 2012)

. . . State, 49 So.3d 785, 787 n. 2 (Fla. 4th DCA 2010); see also § 958.11, Fla. Stat. (2008). . . .

CHRISTIAN, Jr. v. STATE, 84 So. 3d 437 (Fla. Dist. Ct. App. 2012)

. . . Section 958.11, Florida Statutes, requires the Department of Corrections to “designate separate institutions . . . circumstances, such as when the youthful offender has been convicted of a new felony offense, see § 958.11 . . . detrimental to the interests of the [youthful offender] program and to other inmates committed thereto.” § 958.11 . . . As previously noted, section 958.11(3)(a), Florida Statutes, allows the Department of Corrections to . . .

BLACKER, v. STATE, 49 So. 3d 785 (Fla. Dist. Ct. App. 2010)

. . . See § 958.11, Fla. . . .

SMITH, v. STATE, 750 So. 2d 754 (Fla. Dist. Ct. App. 2000)

. . . meets the criteria, he or she may be classified as such by the Department of Corrections pursuant to 958.11 . . .

RILEY, v. STATE, 743 So. 2d 148 (Fla. Dist. Ct. App. 1999)

. . . contention that the trial court, appellant’s counsel, and appellant were unaware of the language in section 958.11 . . .

HARVEY, v. STATE, 616 So. 2d 521 (Fla. Dist. Ct. App. 1993)

. . . Section 958.11(2) provides that “[y]outhful offender institutions ... shall contain only those youthful . . . facilities, such as when the prisoner has become “a serious management or disciplinary problem.” § 958.11 . . .

STATE v. LEZCANO,, 586 So. 2d 1287 (Fla. Dist. Ct. App. 1991)

. . . to “adjudicate” and “sentence” individuals as youthful offenders, §§ 958.03(5), 958.04(1), 958.07, 958.11 . . . See § 958.11(6), Fla.Stat. (1989). . . .

A. BARFIELD, v. BRIERTON, E. C. R., 883 F.2d 923 (11th Cir. 1989)

. . . . § 958.11; Fla.Admin.Code Ann. r. 33-6.009; and D.O.C. Policy and Procedure Directive No. 4.03.13. . . . Section 958.11, in effect at the time of the plaintiffs transfer to Florida State Prison provides, in . . . Fla.Stat. § 958.11 (1985). . . . .

REPUBLIC NATIONAL LIFE INSURANCE COMPANY v. P. BEASLEY REPUBLIC NATIONAL LIFE INSURANCE COMPANY v. P. BEASLEY, 73 F.R.D. 658 (S.D.N.Y. 1977)

. . . Their expenses are fixed at $958.11 until a showing has been made to Republic’s satisfaction that the . . .

THE ENERGIA. CROSHAW v. PHILLIPS SAME v. INSURANCE CO. OF NORTH AMERICA, 66 F. 604 (2d Cir. 1895)

. . . from the consignees to cover general average and special charges, which were subsequently adjusted at $958.11 . . .