Florida Statutes

Fla. Stat. § 921.0021 (2025)

Definitions.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 92 cases (16 in the last 5 years), 2000–2026 · leading case: Smith v. State, 28 So. 3d 838 (Fla. 2009).

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Smith v. State, 28 So. 3d 838 (Fla. 2009). · cites it 16× “2005), in which this Court held, in the context of sentencing guidelines, that the statutory definition of "conviction" in section 921.0021, Florida Statutes (2002), includes those felonies to which a defendant pled no contest, regardless of whether adjudication was withheld.”

Sidney Norvil, Jr. v. State of Florida, 191 So. 3d 406 (Fla. 2016). · cites it 7× “See §§ 921.0021(4)(5), Fla. Stats. (2010). With regard to the sentencing criteria enunciated in chapter 921, along with its applicable definitions, we conclude that the CPC is unambiguous concerning the factors a trial court may consider in sentencing a defendant.”

Montgomery v. State, 897 So. 2d 1282 (Fla. 2005). · cites it 14× “Section 921.0021 defines a conviction as "a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld.”

Sanders v. State, 35 So. 3d 864 (Fla. 2010). · cites it 12× “§ 921.0021, Fla. Stat. (1999). The version of Florida Rule of Criminal Procedure 3.”

Sims v. State, 998 So. 2d 494 (Fla. 2008). · cites it 7× “Sims alerted the trial court that the definition of "victim injury" arguably included the "direct result" language of section 921.0021, Florida Statutes (2001).”

Paul Stephens v. Nick Degiovanni, individually, 852 F.3d 1298 (11th Cir. 2017). “291 (3) (emphasis added); see Fla. Stat. § 921.0021 (2) (“ ‘Conviction’ means a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld.”

Seagrave v. State, 802 So. 2d 281 (Fla. 2001). · cites it 2× “Section 921.0021, Florida Statutes (2000) provides for the same scoring guidelines for victim injury regarding sexual contact as provided by section 921.”

Rogers v. State, 963 So. 2d 328 (Fla. 2d DCA 2007). · cites it 6× “The statute sets forth the basic definition of victim injury as "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…”

Anthony Chas Parr v. State of Florida, 247 So. 3d 550 (Fla. 4th DCA 2018). · cites it 5× “; see §§ 921.0021(4), (5), Fla. Stat. (2010). The “prior record” of a defendant, as defined in the CPC, excludes juvenile dispositions for offenses committed more than five years prior to the primary offense.”

Jonathan Somps v. State of Florida, 183 So. 3d 1090 (Fla. 4th DCA 2015). · cites it 4× “” § 921.0021(1), Fla. Stat. An offense should not be scored as an additional offense following the revocation of a defendant’s probation if the defendant completed his sentence as to that offense before the VOP occurred.”

In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-09., 262 So. 3d 59 (Fla. 2019). · cites it 8× “027, Fla. Stat. § 921.0021 (7)(e), Fla. Stat. If you find that (defendant) committed Aggravated Fleeing, you must then determine whether the State proved beyond a reasonable doubt that [he] [she] caused [death] [or] [severe injury] [or] [moderate injury] [or] [slight injury] to…”

Cedric Dennard v. State, 157 So. 3d 1055 (Fla. 4th DCA 2014). · cites it 4× “§ 921.0021(4), Fla. Stat. (1999) (“Only one count of one offense before the court for sentencing shall be classified as the primary offense.”

Show all 92 citing cases →

— 921.0021(1) — 15 cases

Sanders v. State, 35 So. 3d 864 (Fla. 2010). “§ 921.0021, Fla. Stat. (1999). The version of Florida Rule of Criminal Procedure 3.”

Jonathan Somps v. State of Florida, 183 So. 3d 1090 (Fla. 4th DCA 2015). “” § 921.0021(1), Fla. Stat. An offense should not be scored as an additional offense following the revocation of a defendant’s probation if the defendant completed his sentence as to that offense before the VOP occurred.”

State v. Alberto, 847 So. 2d 1091 (Fla. 4th DCA 2003).

Moses v. State, 13 So. 3d 490 (Fla. 4th DCA 2009).

Champagne v. State, 269 So. 3d 629 (Fla. 2d DCA 2019).

— 921.0021(1)(b) — 1 case

In Re Stand. Jury Instructions in Crim. Cases—Report No. 2016-08, 211 So. 3d 995 (Fla. 2017).

— 921.0021(2) — 9 cases

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 trial, regardless of whether adjudication is withheld.”

Walker v. State, 880 So. 2d 1262 (Fla. 2d DCA 2004).

Montgomery v. State, 821 So. 2d 464 (Fla. 4th DCA 2002).

Heck v. State, 966 So. 2d 515 (Fla. 4th DCA 2007).

Perry v. State, 892 So. 2d 1062 (Fla. 5th DCA 2004).

— 921.0021(4) — 10 cases

Cedric Dennard v. State, 157 So. 3d 1055 (Fla. 4th DCA 2014). “§ 921.0021(4), Fla. Stat. (1999) (“Only one count of one offense before the court for sentencing shall be classified as the primary offense.”

Champagne v. State, 269 So. 3d 629 (Fla. 2d DCA 2019).

Anthony Chas Parr v. State of Florida, 247 So. 3d 550 (Fla. 4th DCA 2018). “; see §§ 921.0021(4), (5), Fla. Stat. (2010). The “prior record” of a defendant, as defined in the CPC, excludes juvenile dispositions for offenses committed more than five years prior to the primary offense.”

Odell Eric Brown v. State of Florida (Fla. 4th DCA 2020).

— 921.0021(4)(5) — 2 cases

Sidney Norvil, Jr. v. State of Florida, 191 So. 3d 406 (Fla. 2016). “See §§ 921.0021(4)(5), Fla. Stats. (2010). With regard to the sentencing criteria enunciated in chapter 921, along with its applicable definitions, we conclude that the CPC is unambiguous concerning the factors a trial court may consider in sentencing a defendant.”

David Fox v. State of Florida (Fla. 4th DCA 2019).

— 921.0021(5) — 34 cases

State v. Hodges, 151 So. 3d 531 (Fla. 3d DCA 2014).

Sanders v. State, 35 So. 3d 864 (Fla. 2010). “§ 921.0021, Fla. Stat. (1999). The version of Florida Rule of Criminal Procedure 3.”

— 921.0021(6)(b) — 1 case

Timothy Turner v. State of Florida, 261 So. 3d 729 (Fla. 2d DCA 2018).

— 921.0021(7) — 4 cases

Rogers v. State, 963 So. 2d 328 (Fla. 2d DCA 2007). “The statute sets forth the basic definition of victim injury as "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…”

Leveille v. State, 927 So. 2d 1008 (Fla. 4th DCA 2006).

Fretwell v. State, 852 So. 2d 292 (Fla. 4th DCA 2003).

Lewis v. State, 898 So. 2d 1081 (Fla. 4th DCA 2005).

— 921.0021(7)(a) — 16 cases

Sims v. State, 998 So. 2d 494 (Fla. 2008). “Sims alerted the trial court that the definition of "victim injury" arguably included the "direct result" language of section 921.0021, Florida Statutes (2001).”

Sims v. State, 869 So. 2d 45 (Fla. 5th DCA 2004).

Eddie Isaac Bean v. State of Florida, 264 So. 3d 947 (Fla. 4th DCA 2019).

Philippe v. State, 795 So. 2d 173 (Fla. 3d DCA 2001).

Lane v. State, 981 So. 2d 596 (Fla. 1st DCA 2008).

— 921.0021(7)(b) — 2 cases

Knarich v. State, 866 So. 2d 165 (Fla. 2d DCA 2004).

— 921.0021(7)(b)(1) — 1 case

— 921.0021(7)(b)(2) — 1 case

Tasker v. State, 48 So. 3d 798 (Fla. 2010).

— 921.0021(7)(c) — 1 case

Lewis v. State, 898 So. 2d 1081 (Fla. 4th DCA 2005).

— 921.0021(7)(d) — 1 case

Lewis v. State, 898 So. 2d 1081 (Fla. 4th DCA 2005).

— 921.0021(7)(e) — 4 cases

In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-09., 262 So. 3d 59 (Fla. 2019). “027, Fla. Stat. § 921.0021 (7)(e), Fla. Stat. If you find that (defendant) committed Aggravated Fleeing, you must then determine whether the State proved beyond a reasonable doubt that [he] [she] caused [death] [or] [severe injury] [or] [moderate injury] [or] [slight injury] to…”

Chang v. State of Florida (Fla. 2d DCA 2025).

Carl Reginald Dunlap v. State of Florida (Fla. 6th DCA 2026).

Lewis v. State, 898 So. 2d 1081 (Fla. 4th DCA 2005).

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