Florida Statute 921.0021 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 921
SENTENCE

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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;

(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.

(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 Citing Statute 921.0021

Total Results: 20

Nisbany Surit-Garcias v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-07-10

Snippet: defined by the Criminal Punishment Code. See §§ 921.0021, 921.0024, Fla. Stat. (2017). Case law has provided

Maxwell v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-04-10

Snippet: there will be a judgment of conviction. See § 921.0021(2), Fla. Stat. (defining “conviction” to mean

Frank J. Quarles, III v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-03-13

Snippet: We agree and will address briefly. Section 921.0021(5), Florida Statutes (2012), defines a “prior

SHAUN WYRICH v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-09-01

Snippet: clear definitions in sections 921.231(1)(c) and 921.0021(5), Florida Statutes (2010), which reference "primary

KELLY PETERSON MILLIEN v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2022-03-02

Snippet: Gabriel opinion guide the analysis. Section 921.0021, Florida Statutes (2015), of the Florida Criminal

State of Florida v. Ridge Gabriel

Court: Supreme Court of Florida | Date Filed: 2021-04-08

Snippet: firearm or semiautomatic weapon.” 4. Section 921.0021(4), Florida Statutes (2012), defines “primary

ASHLEY NICOLE MCKENZIE v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2020-12-02

Snippet: record.” We agree that this was error. Section 921.0021(5), Florida Statutes (2018), defines “prior record”

ODELL ERIC BROWN v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2020-10-21

Snippet: 2 See id.; see also § 921.0021(5), Fla. Stat. (2020) (stating the definition

JASON REAVES v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2020-07-08

Snippet: “additional offenses” within the meaning of section 921.0021(1), Florida Statutes, because the court no longer

SHIRLEY COTO v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2020-05-20

Snippet: pending before the court for sentencing.” Accord § 921.0021(7)(a), Fla. Stat. (2018). These victim injury

MICHAEL ARMAND DELORME v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2020-03-04

Snippet: agree the scoresheet was scored improperly. See § 921.0021(1), Fla. Stat. (2011) (defining “[a]dditional

DAVID FOX v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-10-02

Snippet: ” and not subsequent to the primary offense. § 921.0021(5), Fla. Stat. (2010). Additionally, the

Kenneth Lee Manhard v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2019-10-01

Snippet: correct sentence, stating, “the language of [section 921.0021(7)(a), Florida Statutes] imparts no such requirement;

Champagne v. State

Court: District Court of Appeal of Florida | Date Filed: 2019-04-24

Citation: 269 So. 3d 629

Snippet: and pending before the court at sentencing." § 921.0021(4). "Prior record" is defined as "a conviction

Champagne v. State

Court: District Court of Appeal of Florida | Date Filed: 2019-04-24

Citation: 269 So. 3d 629

Snippet: and pending before the court at sentencing." § 921.0021(4). "Prior record" is defined as "a conviction

RENALDO CHAMPAGNE v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-04-24

Snippet: "). However, we note that "[s]ection 921.0021 does not differentiate original sentencing proceedings

CLINTON JOHNSON v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-01-09

Citation: 263 So. 3d 74

Snippet: o Victim Injury Points Section 921.0021(7)(a), Fla. Stat. (2018) defines “victim injury”

EDDIE ISAAC BEAN v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-01-09

Citation: 264 So. 3d 947

Snippet: Id.; see Fla. R. Crim. P. 3.703(d)(9). Sections 921.0021(7) and 921.0024, Florida Statutes, provide for

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-09.

Court: Supreme Court of Florida | Date Filed: 2019-01-04

Citation: 262 So. 3d 59

Snippet: *61 § 316.027, Fla. Stat. § 921.0021 (7)(e), Fla. Stat. If you

TIMOTHY TURNER v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2018-12-19

Citation: 261 So. 3d 729

Snippet: subsequent to the primary offense." (quoting § 921.0021(5), Fla. Stat. (2010)); see also § 921.231(1)(c)