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Florida Statute 921.0021 | Lawyer Caselaw & Research
F.S. 921.0021 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 921
SENTENCE
View Entire Chapter
F.S. 921.0021
921.0021 Definitions.As used in this chapter, for any felony offense, except any capital felony, committed on or after October 1, 1998, the term:
(1) “Additional offense” means any offense other than the primary offense for which an offender is convicted and which is pending before the court for sentencing at the time of the primary offense.
(2) “Conviction” means a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld.
(3) “Legal status” means an offender’s status if the offender:
(a) Escapes from incarceration;
(b) Flees to avoid prosecution;
(c) Fails to appear for a criminal proceeding;
(d) Violates any condition of a supersedeas bond;
(e) Is incarcerated;
(f) Is under any form of a pretrial intervention or diversion program; or
(g) Is under any form of court-imposed or postprison release community supervision.
(4) “Primary offense” means the offense at conviction pending before the court for sentencing for which the total sentence points recommend a sanction that is as severe as, or more severe than, the sanction recommended for any other offense committed by the offender and pending before the court at sentencing. Only one count of one offense before the court for sentencing shall be classified as the primary offense.
(5) “Prior record” means a conviction for a crime committed by the offender, as an adult or a juvenile, prior to the time of the primary offense. Convictions by federal, out-of-state, military, or foreign courts, and convictions for violations of county or municipal ordinances that incorporate by reference a penalty under state law, are included in the offender’s prior record. Convictions for offenses committed by the offender more than 10 years before the primary offense are not included in the offender’s prior record if the offender has not been convicted of any other crime for a period of 10 consecutive years from the most recent date of release from confinement, supervision, or sanction, whichever is later, to the date of the primary offense. Juvenile dispositions of offenses committed by the offender within 5 years before the primary offense are included in the offender’s prior record when the offense would have been a crime had the offender been an adult rather than a juvenile. Juvenile dispositions of sexual offenses committed by the offender which were committed 5 years or more before the primary offense are included in the offender’s prior record if the offender has not maintained a conviction-free record, either as an adult or a juvenile, for a period of 5 consecutive years from the most recent date of release from confinement, supervision, or sanction, whichever is later, to the date of the primary offense.
(6) “Community sanction” includes:
(a) Probation.
(b) Community control.
(c) Pretrial intervention or diversion.
(7)(a) “Victim injury” means the physical injury or death suffered by a person as a direct result of the primary offense, or any additional offense, for which an offender is convicted and which is pending before the court for sentencing at the time of the primary offense.
(b) Except as provided in paragraph (c) or paragraph (d),
1. If the conviction is for an offense involving sexual contact that includes sexual penetration, the sexual penetration must be scored in accordance with the sentence points provided under s. 921.0024 for sexual penetration, regardless of whether there is evidence of any physical injury.
2. If the conviction is for an offense involving sexual contact that does not include sexual penetration, the sexual contact must be scored in accordance with the sentence points provided under s. 921.0024 for sexual contact, regardless of whether there is evidence of any physical injury.

If the victim of an offense involving sexual contact suffers any physical injury as a direct result of the primary offense or any additional offense committed by the offender resulting in conviction, such physical injury must be scored separately and in addition to the points scored for the sexual contact or the sexual penetration.

(c) The sentence points provided under s. 921.0024 for sexual contact or sexual penetration may not be assessed for a violation of s. 944.35(3)(b)2.
(d) If the conviction is for the offense described in s. 872.06, the sentence points provided under s. 921.0024 for sexual contact or sexual penetration may not be assessed.
(e) Notwithstanding paragraph (a), if the conviction is for an offense described in s. 316.027 and the court finds that the offender caused victim injury, sentence points for victim injury may be assessed against the offender.
History.s. 4, ch. 97-194; s. 3, ch. 98-204; s. 2, ch. 2001-210; s. 4, ch. 2007-211.

F.S. 921.0021 on Google Scholar

F.S. 921.0021 on Casetext

Amendments to 921.0021


Arrestable Offenses / Crimes under Fla. Stat. 921.0021
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 921.0021.



Annotations, Discussions, Cases:

Cases from cite.case.law:

CHAMPAGNE a k a DOC v. STATE, 269 So. 3d 629 (Fla. App. Ct. 2019)

. . . ." § 921.0021(4). . . . ." § 921.0021(5). . . . convicted and which [are] pending before the court for sentencing at the time of the primary offense," § 921.0021 . . . However, we note that "[s]ection 921.0021 does not differentiate original sentencing proceedings ... . . .

JOHNSON, v. STATE, 263 So. 3d 74 (Fla. App. Ct. 2019)

. . . . • Victim Injury Points Section 921.0021(7)(a), Fla. . . .

BEAN, v. STATE, 264 So. 3d 947 (Fla. App. Ct. 2019)

. . . Sections 921.0021(7) and 921.0024, Florida Statutes, provide for different amounts of injury points depending . . . See § 921.0021(7)(a), Fla. . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 262 So. 3d 59 (Fla. 2019)

. . . . § 921.0021(7)(e), Fla. Stat. . . . Give if it is alleged in the charging document that the defendant caused victim injury or death. § 921.0021 . . . Stat. § 921.0021(7)(e), Fla. Stat. . . . Stat. § 921.0021(7)(e), Fla. Stat. . . .

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

. . . (quoting § 921.0021(5), Fla. Stat. (2010) ); see also § 921.231(1)(c), Fla. . . . See also § 921.0021(6)(b) (enumerating community control as a "community sanction"). . . .

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

. . . . ; see §§ 921.0021(4), (5), Fla. Stat. (2010). . . . See § 921.0021(5), Fla. Stat. (2016). . . . See § 921.0021(5), Fla. Stat. (2016) ; Fla. R. Crim. P. 3.704(d)(14)(B) ; Graham v. . . .

SMITH, v. STATE, 232 So. 3d 430 (Fla. Dist. Ct. App. 2017)

. . . Id. at 409 (quoting § 921.0021(6), Fla. Stat. (2010)). . . .

STEPHENS, v. DEGIOVANNI,, 852 F.3d 1298 (11th Cir. 2017)

. . . . § 921.0021(2) (“ ‘Conviction’ means a determination of guilt that is the result of a plea or a trial . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 211 So. 3d 995 (Fla. 2017)

. . . If the State has charged and is seeking the adult-on-minor sex offense multiplier in § 921.0021(1)(b) . . .

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

. . . court found that such subsequent arrests were not specified as proper sentencing factors in sections 921.0021 . . .

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

. . . . § 921.0021(5), Fla. Stat. (2010). . . . See §§ 921.0021(4)(5), Fla. Stats. (2010). . . .

GREENE, v. STATE, 186 So. 3d 1099 (Fla. Dist. Ct. App. 2016)

. . . . § 921.0021(7)(a)-(b), Fla. Stat. (2014). . . .

STATE v. MORRIS,, 170 So. 3d 134 (Fla. Dist. Ct. App. 2015)

. . . . §§ 921.0021(5), .0024, Fla. Stat. (2012). . . .

SOMPS, v. STATE, 183 So. 3d 1090 (Fla. Dist. Ct. App. 2015)

. . . .” § 921.0021(4), Fla. Stat. . . . .” § 921.0021(1), Fla. Stat. . . .

HAWKINS, v. STATE, 162 So. 3d 1099 (Fla. Dist. Ct. App. 2015)

. . . .” § 921.0021(5), Fla. Stat. (2013). . . . committed by the offender, as an adult or a juvenile, prior to the time of the primary offense.” § 921.0021 . . .

STATE v. HODGES,, 151 So. 3d 531 (Fla. Dist. Ct. App. 2014)

. . . Specifically, section 921.0021(5) provides a definition for “prior record” and sets forth the parameters . . . remote, the defendant must maintain a conviction-free record for the intervening ten-year period. § 921.0021 . . .

DENNARD, v. STATE, 157 So. 3d 1055 (Fla. Dist. Ct. App. 2014)

. . . . § 921.0021(4), Fla. . . .

R. HICKS, v. STATE, 112 So. 3d 567 (Fla. Dist. Ct. App. 2013)

. . . . § 921.0021(1), Fla. Stat. (2009); Fla. R. Crim. P. 3.704(d). . . .

UNITED STATES v. CORTES, a. k. a. a. k. a., 427 F. App'x 803 (11th Cir. 2011)

. . . . § 921.0021(2). . . .

TASKER, v. STATE, 48 So. 3d 798 (Fla. 2010)

. . . Section 921.0021(7)(b)(2), Florida Statutes (2004), provides that if a conviction is for an offense involving . . .

PRICE, v. STATE, 43 So. 3d 854 (Fla. Dist. Ct. App. 2010)

. . . Importantly, “[sjection 921.0021 define[d] a conviction as ‘a determination of guilt that is the result . . . definition of “convicted” in the 1997 version of section 943.0435 is essentially the same as the section 921.0021 . . .

F. SANDERS, v. STATE, 35 So. 3d 864 (Fla. 2010)

. . . violation of probation because they do not fit the definition of “additional offense” set out in section 921.0021 . . . Id. at 234 (quoting § 921.0021(1), Fla. Stat. (1999)). . . . Section 921.0021, Florida Statutes (1999), defined the scoresheet categories of noncapital, felony offenses . . . Section 921.0021 does not differentiate original sentencing proceedings, sentencing proceedings upon . . . Section 921.0021(5) defines “prior record” as “a conviction for a crime committed by the offender, as . . .

BOLDING, v. STATE, 28 So. 3d 956 (Fla. Dist. Ct. App. 2010)

. . . Section 921.0021, Florida Statutes (2008), defines “conviction” as “a determination of guilt that is . . .

HALFACRE, v. STATE, 24 So. 3d 795 (Fla. Dist. Ct. App. 2009)

. . . .” § 921.0021(5), Fla. Stat. (2003). . . .

BRYANT, v. STATE, 37 So. 3d 269 (Fla. Dist. Ct. App. 2009)

. . . The motion alleged that the scoresheet included two offenses in violation of section 921.0021(5), Florida . . . from confinement, supervision, or sanction, whichever is later, to the date of the primary offense.” § 921.0021 . . .

SMITH, v. STATE, 28 So. 3d 838 (Fla. 2009)

. . . , in the context of sentencing guidelines, that the statutory definition of “conviction” in section 921.0021 . . . “conviction” leads us to conclude that the Legislature did not intend for the definition in section 921.0021 . . . In 1997, section 921.0011 was repealed and renumbered as section 921.0021. . . . While renumbered, section 921.0021 still indicated in 1997 that it applied to the whole of chapter 921 . . . .2005), we subsequently held that, under the statutory definition of “conviction” provided in section 921.0021 . . .

SANDERS, v. STATE, 16 So. 3d 232 (Fla. Dist. Ct. App. 2009)

. . . See § 921.0021(1), Fla. . . . Section 921.0021(5) defines prior record as “a conviction for a crime committed by the offender ... prior . . .

SHORTER, Jr. v. STATE, 14 So. 3d 1063 (Fla. Dist. Ct. App. 2009)

. . . See § 921.0021(7)(a), Fla. . . .

MOSES, v. STATE, 13 So. 3d 490 (Fla. Dist. Ct. App. 2009)

. . . We used the definition of “additional offense” provided by section 921.0021(1), Florida Statutes, and . . . This rule also changed the definitions and used the statutory definitions contained in section 921.0021 . . .

SIMS, v. STATE, 998 So. 2d 494 (Fla. 2008)

. . . Based upon the plain language of section 921.0021(7)(a), which defines “victim injury” for the purpose . . . Section 921.0021(7)(a) applies here because it concerns felony offenses committed on or after October . . . Section 921.0021(7)(a) provides: “Victim injury” means the physical injury or death suffered by a person . . . This statutory language is similar to the “direct result” language of section 921.0021(7)(a). . . . Accordingly, here, a similar interpretation of section 921.0021(7)(a), requiring the existence of a causal . . .

WASHINGTON, v. STATE, 988 So. 2d 724 (Fla. Dist. Ct. App. 2008)

. . . State, 897 So.2d 1282 (Fla.2005) (recognizing that § 921.0021(2) (2002) defines conviction to include . . .

LANE, v. STATE, 981 So. 2d 596 (Fla. Dist. Ct. App. 2008)

. . . Section 921.0021(7)(a), Fla. . . .

HECK, v. STATE, 966 So. 2d 515 (Fla. Dist. Ct. App. 2007)

. . . Section 921.0021(2), Florida Statutes, defines a “conviction” as “a determination of guilt that is the . . . committed by the offender, as an adult or a juvenile, prior to the time of the primary offense.” § 921.0021 . . .

ROGERS, v. STATE, 963 So. 2d 328 (Fla. Dist. Ct. App. 2007)

. . . The Basis for Victim Injury Points Section 921.0021(7), Florida Statutes (2003), provides the definition . . . convicted and which is pending before the court for sentencing at the time of the primary offense.” § 921.0021 . . . The statute contains additional provisions with respect to offenses “involving sexual contact.” § 921.0021 . . . 921.0024 for sexual penetration, regardless of whether there is evidence of any physical injury.” § 921.0021 . . . penetration” regardless of whether penetration was an element of the offense alleged in the information. § 921.0021 . . .

CHAMBERS, v. STATE, 975 So. 2d 444 (Fla. Dist. Ct. App. 2007)

. . . . §§ 775.082(8)(c); 921.0021.(2). . . . exceeds the statutory maximum sentence, the guideline sentence must be imposed). §§ 775.082(3)(c); 921.0021 . . .

GRAHAM, v. STATE, 950 So. 2d 526 (Fla. Dist. Ct. App. 2007)

. . . See § 921.0021, Fla. Stat. (2005); rule 3.704, Fla. R.Crim. P. . . . Florida Statutes section 921.0021 provides, in part: (5) “Prior record” means a conviction for a crime . . . offender within 5 years before the primary offense are included in the offender’s prior record.... § 921.0021 . . .

LEVEILLE, v. STATE, 927 So. 2d 1008 (Fla. Dist. Ct. App. 2006)

. . . Section 921.0021(7), Florida Statutes, provides: (7)(a) “Victim injury” means the physical injury or . . .

WALKES, v. STATE, 923 So. 2d 555 (Fla. Dist. Ct. App. 2006)

. . . convictions should not have been scored on his Criminal Punishment Code scoresheet, pursuant to section 921.0021 . . .

GRAHAM, v. STATE, 920 So. 2d 1262 (Fla. Dist. Ct. App. 2006)

. . . Section 921.0021(5), Florida Statutes, (2004) provides, in relevant part, that “juvenile dispositions . . . when the offense would have been a crime had the offender been an adult rather than a juvenile.” § 921.0021 . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. R. ROSENTHAL,, 908 So. 2d 602 (Fla. Dist. Ct. App. 2005)

. . . State, 897 So.2d 1282 (Fla.2005) (holding that under section 921.0021(6), Florida Statutes (2002), “no . . .

LEWIS, v. STATE, 898 So. 2d 1081 (Fla. Dist. Ct. App. 2005)

. . . Lewis argues victim injury points are inappropriate because section 921.0021(7)(a) prohibits such points . . . See § 921.0021(7)(c), Fla. Stat. (2002). . . . Section 921.0021(7)(c), exempts the assessment of victim injury points when the defendant is convicted . . . We affirm the trial court’s ruling because the clear language of section 921.0021(7) does not exempt . . . , Florida Statutes. § 921.0021(7)(d), Fla. . . .

MONTGOMERY, v. STATE, 897 So. 2d 1282 (Fla. 2005)

. . . Section 921.0021 defines a conviction as “a determination of guilt that is the result of a plea or a . . . See § 921.0021(2), Fla. Stat. (2002); see also Fla. R.Crim. . . . Despite this language in Garron, the Legislature, eleven years after Garron, enacted section 921.0021 . . . of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld.” § 921.0021 . . . committed by the offender, as an adult or a juvenile, prior to the time of the primary offense.” § 921.0021 . . . .” § 921.0021(2), Fla. Stat. (2004). The key words here are “determination of guilt.” . . . other hand, the Legislature did not employ such a broad definition, and any interpretation of section 921.0021 . . .

McMILLAN, v. STATE, 896 So. 2d 873 (Fla. Dist. Ct. App. 2005)

. . . Section 921.0021(7)(a), Florida Statutes (1999), defines victim injury as “the physical injury or death . . .

HANDLEY, v. STATE, 890 So. 2d 529 (Fla. Dist. Ct. App. 2005)

. . . See § 921.0021(5), Fla. Stat. (2000). . . .

CHAPMAN, v. STATE, 885 So. 2d 475 (Fla. Dist. Ct. App. 2004)

. . . Section 921.0021(7)(a), Florida Statutes (1999), defines victim injury as a “physical injury or death . . .

WALKER, v. STATE, 880 So. 2d 1262 (Fla. Dist. Ct. App. 2004)

. . . The definition of “conviction” in rule 3.704(d)(6) is the same as that set forth in section 921.0021( . . . We, therefore, read rule 3.704(d)(6) and section 921.0021(2) to require a finding of guilt. . . .

PERRY, Jr. v. STATE, 892 So. 2d 1062 (Fla. Dist. Ct. App. 2004)

. . . Montgomery, 821 So.2d at 465 (citing section 921.0021(2), Florida Statutes (1999)). . . .

SIMS, v. STATE, 869 So. 2d 45 (Fla. Dist. Ct. App. 2004)

. . . Section 921.0021(7)(a) defines victim injury as: The physical injury or death suffered by a person as . . . See § 921.0021(7)(a), Fla. Stat. (2001). . . . At the time of the accident (May 13, 2001), the applicable statute, section 921.0021(7)(a) (2001) defined . . .

KNARICH, v. STATE, 866 So. 2d 165 (Fla. Dist. Ct. App. 2004)

. . . Section 921.0021(7)(b), Florida Statutes (1997), provides for victim injury points to be scored for “ . . .

A. VONADOR, v. STATE, 857 So. 2d 323 (Fla. Dist. Ct. App. 2003)

. . . The trial court denied Vonador’s motion, citing the provision of section 921.0021(5), Florida Statutes . . . Furthermore, the trial court, in its order, failed to indicate to which version of section 921.0021(5 . . . This was based on the trial court’s erroneous conclusion that the 2001 version of section 921.0021(5) . . .

I. FRETWELL, v. STATE, 852 So. 2d 292 (Fla. Dist. Ct. App. 2003)

. . . Florida Statutes section 921.0021(7) (2002) permits assessing sentence points for victim injury for incidences . . .

NETTLES, v. STATE, 850 So. 2d 487 (Fla. 2003)

. . . Compare § 921.0011 with § 921.0021. . . .

STATE v. ALBERTO,, 847 So. 2d 1091 (Fla. Dist. Ct. App. 2003)

. . . were pending before the court for sentencing, they qualified as “additional offenses” under section 921.0021 . . . See also § 921.0021(1), (4), (5), Fla. Stat. 2001. . . .

AMENDMENTS TO THE FLORIDA RULES OF CRIMINAL PROCEDURE, 842 So. 2d 110 (Fla. 2003)

. . . sought to amend rule 3.704, the Criminal Punishment Code, to comport with a recent amendment to section 921.0021 . . . In that case, the Court amended rule 3.704(d)(14)(B) to comport with the 2001 amendment to section 921.0021 . . . This amendment reflects the legislative change to section 921.0021, Florida Statutes, effective July . . .

J. SUMPTER, v. STATE, 838 So. 2d 624 (Fla. Dist. Ct. App. 2003)

. . . Crim P. 3.704(d)(14); § 921.0021(5), Fla. Stat. (2001); see also Sumpter v. . . .

MONTGOMERY, v. STATE, 821 So. 2d 464 (Fla. Dist. Ct. App. 2002)

. . . Section 921.0021(2), Florida Statutes (1999) defines conviction as follows: “Conviction” means a determination . . .

MUNOS, v. STATE, 799 So. 2d 363 (Fla. Dist. Ct. App. 2001)

. . . . §§ 921.0021 et seq., Fla. Stat. (1997). . . .

AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE CRIMINAL PUNISHMENT CODE, 810 So. 2d 826 (Fla. 2001)

. . . In chapter 2001-210, section 2, Laws of Florida, the Legislature amended section 921.0021(5), Florida . . .

PHILIPPE, v. STATE, 795 So. 2d 173 (Fla. Dist. Ct. App. 2001)

. . . See § 921.0021(7)(a), Fla. Stat.(2000); Fla. R.Crim. . . .

FUDGE, v. STATE, 791 So. 2d 1186 (Fla. Dist. Ct. App. 2001)

. . . We also acknowledge that the introductory language in section 921.0021 tends to support Fudge’s argument . . . that additional offenses must be felonies: 921.0021 Definitions. — -As used in this chapter, for any . . .

VARGAS, v. STATE, 793 So. 2d 1062 (Fla. Dist. Ct. App. 2001)

. . . See § 921.0021(5), Fla. Stat. (1999). . . .

SEAGRAVE, v. STATE, 802 So. 2d 281 (Fla. 2001)

. . . Section 921.0021, Florida Statutes (2000) provides for the same scoring guidelines for victim injury . . .

GRIFFIS, v. STATE, 759 So. 2d 668 (Fla. 2000)

. . . See § 921.0021, Fla. Stat. (1997). . See, e.g., Bretti v. . . .