Florida Statutes
Fla. Stat. § 921.00241 (2025)
Prison diversion program.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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921.00241 Prison diversion program.—
(1) Notwithstanding s. 921.0024 and effective for offenses committed on or after July 1, 2009, a court may divert from the state correctional system an offender who would otherwise be sentenced to a state facility by sentencing the offender to a nonstate prison sanction as provided in subsection (2). An offender may be sentenced to a nonstate prison sanction if the offender meets all of the following criteria:
(a) The offender’s primary offense is a felony of the third degree.
(b) The offender’s total sentence points score, as provided in s. 921.0024, is not more than 48 points, or the offender’s total sentence points score is 54 points and 6 of those points are for a violation of probation, community control, or other community supervision, and do not involve a new violation of law.
(c) The offender has not been convicted or previously convicted of a forcible felony as defined in s. 776.08, but excluding any third degree felony violation under chapter 810.
(d) The offender’s primary offense does not require a minimum mandatory sentence.
(2) If the court elects to impose a sentence as provided in this section, the court shall sentence the offender to a term of probation, community control, or community supervision with mandatory participation in a prison diversion program of the Department of Corrections if such program is funded and exists in the judicial circuit in which the offender is sentenced. The prison diversion program shall be designed to meet the unique needs of each judicial circuit and of the offender population of that circuit. The program may require residential, nonresidential, or day-reporting requirements; substance abuse treatment; employment; restitution; academic or vocational opportunities; or community service work.
(3) The court that sentences a defendant to a nonstate prison sanction pursuant to subsection (2) shall make written findings that the defendant meets the criteria in subsection (1); and the sentencing order must indicate that the offender was sentenced to the prison diversion program pursuant to subsection (2). The court may order the offender to pay all or a portion of the costs related to the prison diversion program if the court determines that the offender has the ability to pay.
Notes of Decisions
Cited in 11
cases (3 in the last 5 years), 2009–2025 · leading case: Jones v. State, 71 So. 3d 173 (Fla. 1st DCA 2011).
Jones v. State, 71 So. 3d 173 (Fla. 1st DCA 2011). “[6] This common understanding is consistent with the usage of the phrase in section 921.00241, which, like section 775.”
Reginald Lee Booker, I I I v. State of Florida, 244 So. 3d 1151 (Fla. 1st DCA 2018). “” § 921.00241(2), Fla. Stat. (2018). In contrast to subsection (10), this type of sentencing statute, which allows diversion or reduction of a defendant’s sentence based on judicial fact-finding as to specified ameliorative factors, avoids a Sixth Amendment problem because it…”
Reed v. State, 192 So. 3d 641 (Fla. 2d DCA 2016). “1st DCA 2011); see also § 921.00241(1)-(2), Fla. Stat. (2011) (using the phrase “nonstate prison sanction” to refer to “a term of probation, community control, or communi ty supervision with mandatory participation in a prison diversion program of the Department of Corrections…”
In Re Amendments to Florida Rule of Crim. Procedure 3.992(A), 19 So. 3d 274 (Fla. 2009). “The Legislature also created a new prison diversion program under section 921.00241, Florida Statutes, which may affect the sentence imposed.”
In Re: Amendments to the Florida Rules of Crim. Procedure-2018 Regular-cycle Report., 265 So. 3d 494 (Fla. 2018). “00241, Florida Statutes, if the defendant meets the requirements for that program as set forth in section 921.00241 , Florida Statutes . ( 29 30 ) If the total sentence points equal 22 or less, the court must sentence the offender to a nonstate prison sanction unless it makes…”
In Re: Amendments to Florida Rules of Crim. Procedure 3.030 & 3.704 (Fla. 2023). “he total sentencing points do not exceed 48 points (or 54 points if 6 of those points are for a violation of probation, community control, or other community supervision that does not involve a new crime), the court may sentence the defendant to probation, community control, or…”
In Re: Amendments to Florida Rules of Crim. Procedure - 2025 Legislation (Fla. 2025). “he total sentencing points do not exceed 48 points (or 54 points if 6 of those points are for a violation of probation, community control, or other community supervision that does not involve a new crime), the court may sentence the defendant to probation, community control, or…”
Marlena Christine Woods v. State of Florida (Fla. 1st DCA 2016). “See § 921.00241(2), Fla. Stat. (2015); see also Jones v.”
In Re: Amendments to the Florida Rules of Crim. Procedure - 2018 Regular-Cycle Report (Fla. 2018). “00241, Florida Statutes, if the defendant meets the requirements for that program as set forth in section 921.00241, Florida Statutes. - 41 - (2930) If the total sentence points equal 22 or less, the court must sentence the offender to a nonstate prison sanction unless it makes…”
In Re Amendments to Florida Rules of Crim. Procedure 3.704 & 3.986, 22 So. 3d 1 (Fla. 2009). “Under chapter 2009-63, section 2, Laws of Florida, the Legislature created a prison diversion program established under section 921.00241, Florida Statute. Rule 3.”
Cristian Pozos v. State of Florida (Fla. 4th DCA 2024). “(2018) (using the phrase “nonstate prison sanction” to refer to “a term of probation, community control, or community supervision with mandatory participation in a prison diversion program of the Department of Corrections if such program is funded and exists in the judicial…”
— 921.00241(1) — 2 cases
Reed v. State, 192 So. 3d 641 (Fla. 2d DCA 2016). “1st DCA 2011); see also § 921.00241(1)-(2), Fla. Stat. (2011) (using the phrase “nonstate prison sanction” to refer to “a term of probation, community control, or communi ty supervision with mandatory participation in a prison diversion program of the Department of Corrections…”
Cristian Pozos v. State of Florida (Fla. 4th DCA 2024). “(2018) (using the phrase “nonstate prison sanction” to refer to “a term of probation, community control, or community supervision with mandatory participation in a prison diversion program of the Department of Corrections if such program is funded and exists in the judicial…”
— 921.00241(2) — 2 cases
Reginald Lee Booker, I I I v. State of Florida, 244 So. 3d 1151 (Fla. 1st DCA 2018). “” § 921.00241(2), Fla. Stat. (2018). In contrast to subsection (10), this type of sentencing statute, which allows diversion or reduction of a defendant’s sentence based on judicial fact-finding as to specified ameliorative factors, avoids a Sixth Amendment problem because it…”
Marlena Christine Woods v. State of Florida (Fla. 1st DCA 2016). “See § 921.00241(2), Fla. Stat. (2015); see also Jones v.”
— 921.00241(3) — 1 case
Jones v. State, 71 So. 3d 173 (Fla. 1st DCA 2011). “[6] This common understanding is consistent with the usage of the phrase in section 921.00241, which, like section 775.”
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