Florida Statutes

Fla. Stat. § 316.656 (2025)

Mandatory adjudication; prohibition against accepting plea to lesser included offense.

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316.656 Mandatory adjudication; prohibition against accepting plea to lesser included offense.—

(1) Notwithstanding the provisions of s. 948.01, no court may suspend, defer, or withhold adjudication of guilt or imposition of sentence for any violation of s. 316.193, for manslaughter resulting from the operation of a motor vehicle, or for vehicular homicide.

(2)(a) No trial judge may accept a plea of guilty to a lesser offense from a person charged under the provisions of this act who has been given a breath or blood test to determine blood or breath alcohol content, the results of which show a blood or breath alcohol content by weight of 0.15 percent or more.

(b) No trial judge may accept a plea of guilty to a lesser offense from a person charged with a violation of s. 316.193(3), manslaughter resulting from the operation of a motor vehicle, or vehicular homicide.

History.—s. 8, ch. 74-384; s. 1, ch. 77-174; s. 13, ch. 82-155; s. 10, ch. 83-228; s. 19, ch. 86-296; s. 5, ch. 91-255; s. 6, ch. 2005-119; s. 13, ch. 2008-176.

Note.—Former s. 322.281.

Notes of Decisions

Cited in 21 cases, 1984–2020 · leading case: State v. Gibron, 478 So. 2d 475 (Fla. 2d DCA 1985).

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State v. Gibron, 478 So. 2d 475 (Fla. 2d DCA 1985). · cites it 4× “The state argues that the trial court ignored the dictates of section 316.656(1), Florida Statutes (1983), which prohibits the court from withholding adjudication of guilt for manslaughter resulting from the operation of a motor vehicle.”

State v. Curtin, 764 So. 2d 645 (Fla. 1st DCA 2000). · cites it 3× “In this respect, it is analogous to section 316.656, Florida Statutes, which requires trial judges to adjudicate defendants guilty in certain cases.”

Line v. State, 722 So. 2d 853 (Fla. 4th DCA 1998). · cites it 3× “(1997) ("Sentences imposed by trial court judges under the 1994 revised sentencing guidelines on or after January 1, 1994, must be within the 1994 guidelines unless there is a departure sentence with written findings.”

State v. Griffith, 540 So. 2d 916 (Fla. 2d DCA 1989). · cites it 2× “The state argues, and Griffith concedes, that section 316.656, Florida Statutes (1985), precludes the trial court from withholding adjudication of guilt for any violation of section 316.”

State v. Whitaker, 590 So. 2d 1029 (Fla. 1st DCA 1991). · cites it 10× “The sole issue raised in this appeal is whether section 316.656, Florida Statutes (1989), authorizes the trial court to withhold adjudication of guilt for violations of section 316.”

State v. Rowell, 669 So. 2d 1089 (Fla. 2d DCA 1996). · cites it 2× “Section 316.656(1), Florida Statutes (1993), provides: "Notwithstanding the provisions of s.”

Sloan v. State, 884 So. 2d 378 (Fla. 2d DCA 2004). · cites it 3× “) The trial court here stated it believed the youthful offender statute could not be used to circumvent mandatory adjudication for DUI under section 316.656(1), Florida Statutes (2002), which provides: (1) Notwithstanding the provisions of s.”

Florida Bar, 536 So. 2d 181 (Fla. 1988). · cites it 2× “Withholding Adjudication Prohibited; When (a) Pursuant to the provisions of Section 316.656, Florida Statutes, no court shall suspend, defer, or withhold adjudication of guilt or the imposition of sentence for the offense of driving or being in actual physical control of a motor…”

State v. Coatney, 596 So. 2d 499 (Fla. 1st DCA 1992). · cites it 5× “The state contends that section 316.656, Florida Statutes (1989), does not permit the trial court to withhold adjudication of guilt for any violation of section 316.”

State v. Line, 698 So. 2d 318 (Fla. 4th DCA 1997). · cites it 3× “Section 316.656(1) provides as follows: “(1) Notwithstanding the provisions of s.”

State v. W.W., 16 So. 3d 305 (Fla. 5th DCA 2009). “This is further evidenced by the prohibition, within section 316.656(1), of withholding adjudication upon conviction for driving under the influence.”

Pacheco-Velasquez v. State, 208 So. 3d 293 (Fla. 3d DCA 2016). · cites it 3× “2d DCA 2004) (holding that the mandatory adjudication provision for one found guilty of DUI (§ 316.656(1), Fla. Stat.) is inapplicable where a defendant is sentenced as a youthful offender); State v.”

Show all 21 citing cases →

— 316.656(1) — 14 cases

State v. Gibron, 478 So. 2d 475 (Fla. 2d DCA 1985). “The state argues that the trial court ignored the dictates of section 316.656(1), Florida Statutes (1983), which prohibits the court from withholding adjudication of guilt for manslaughter resulting from the operation of a motor vehicle.”

State v. Rowell, 669 So. 2d 1089 (Fla. 2d DCA 1996). “Section 316.656(1), Florida Statutes (1993), provides: "Notwithstanding the provisions of s.”

Sloan v. State, 884 So. 2d 378 (Fla. 2d DCA 2004). “) The trial court here stated it believed the youthful offender statute could not be used to circumvent mandatory adjudication for DUI under section 316.656(1), Florida Statutes (2002), which provides: (1) Notwithstanding the provisions of s.”

Line v. State, 722 So. 2d 853 (Fla. 4th DCA 1998). “(1997) ("Sentences imposed by trial court judges under the 1994 revised sentencing guidelines on or after January 1, 1994, must be within the 1994 guidelines unless there is a departure sentence with written findings.”

State v. Whitaker, 590 So. 2d 1029 (Fla. 1st DCA 1991). “The sole issue raised in this appeal is whether section 316.656, Florida Statutes (1989), authorizes the trial court to withhold adjudication of guilt for violations of section 316.”

— 316.656(2)(b) — 1 case

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