Florida Statute 921.00241 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 921
SENTENCE

View Entire Chapter

F.S. 921.00241

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.

History.—s. 2, ch. 2009-63.

F.S. 921.00241 on Google Scholar

F.S. 921.00241 on Casetext

Amendments to 921.00241

Arrestable Offenses / Crimes under Fla. Stat. 921.00241

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 921.00241.

Annotations, Discussions, Cases:

Cases Citing Statute 921.00241

Total Results: 20

Cristian Pozos v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-02-14

Snippet: So. 3d 641, 645 (Fla. 2d DCA 2016); see also § 921.00241(1)-(2), Fla. Stat. (2018) (using the phrase “nonstate

In Re: Amendments to Florida Rules of Criminal Procedure 3.030 and 3.704

Court: Supreme Court of Florida | Date Filed: 2023-12-07

Snippet: diversion program, as provided for in section 921.00241, Florida Statutes, if the defendant meets the

In Re: Amendments to the Florida Rules of Criminal Procedure - 2021 Fast-Track Report

Court: Supreme Court of Florida | Date Filed: 2021-10-28

Snippet: mirror the updated statutory language of section 921.241(3)(a)- (b), Florida Statutes. See ch. 2021-230

In RE: AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE-2018 REGULAR-CYCLE REPORT.

Court: Supreme Court of Florida | Date Filed: 2018-10-04

Citation: 265 So. 3d 494

Snippet: provided for in s . ection 921.00241, Florida Statutes, if the defendant meets the

In Re: Amendments to the Florida Rules of Criminal Procedure - 2018 Regular-Cycle Report

Court: Supreme Court of Florida | Date Filed: 2018-07-19

Snippet: diversion program, as provided for in s.ection 921.00241, Florida Statutes, if the defendant meets the

Reginald Lee Booker, I I I v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2018-04-18

Citation: 244 So. 3d 1151

Snippet: nonstate prison sanction as provided [therein].” § 921.00241(2), Fla. Stat. (2018). In contrast to subsection

Marlena Christine Woods v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2016-07-24

Snippet: in the county jail for up to one year. See § 921.00241(2), Fla. Stat. (2015); see also Jones v. State

Reed v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-05-27

Citation: 192 So. 3d 641, 2016 WL 3030838, 2016 Fla. App. LEXIS 8081

Snippet: 175 (Fla. 1st DCA 2011); see also § 921.00241(1)-(2), Fla. Stat. (2011) (using the phrase “nonstate

Gray v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-03-04

Citation: 198 So. 3d 780, 2016 Fla. App. LEXIS 3374, 2016 WL 833507

Snippet: the form but also by statute, See § 921.241, Fla. Stat. (2011). These omissions on the “memo

Dolan v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-02-17

Citation: 187 So. 3d 262, 2016 Fla. App. LEXIS 2183, 2016 WL 618901

Snippet: with chapter 75-23, Laws of Florida, and section 921.241, Florida Statutes (1975), which require fingerprints

Jones v. State

Court: District Court of Appeal of Florida | Date Filed: 2011-09-23

Citation: 71 So. 3d 173, 2011 Fla. App. LEXIS 15106, 2011 WL 4424302

Snippet: consistent with the usage of the phrase in section 921.00241, which, like section 775.082(10), was enacted

In Re Amendments to Florida Rules of Criminal Procedure 3.704 & 3.986

Court: Supreme Court of Florida | Date Filed: 2009-09-10

Citation: 22 So. 3d 1, 34 Fla. L. Weekly Supp. 509, 2009 Fla. LEXIS 1454, 2009 WL 2878103

Snippet: prison diversion program established under section 921.00241, Florida Statute. Rule 3.704(d)(28) as amended

In Re Amendments to Florida Rule of Criminal Procedure 3.992(A)

Court: Supreme Court of Florida | Date Filed: 2009-07-16

Citation: 19 So. 3d 274, 2009 Fla. LEXIS 1120, 2009 WL 2045407

Snippet: a new prison diversion program under section 921.00241, Florida Statutes, which may affect the sentence

Nevels v. State

Court: District Court of Appeal of Florida | Date Filed: 2009-04-15

Citation: 6 So. 3d 117, 2009 Fla. App. LEXIS 3189

Snippet: appellant’s fingerprints affixed, as required by section 921.241(1), Florida Statutes (2007). See Fla. R.Crim. P

Walker v. State

Court: District Court of Appeal of Florida | Date Filed: 2007-12-21

Citation: 988 So. 2d 6, 2007 WL 4462982

Snippet: admissible in evidence under sections 90.902 and 921.241, Florida Statutes (2006), but only if they are

Keith v. State

Court: District Court of Appeal of Florida | Date Filed: 2003-05-09

Citation: 844 So. 2d 715, 2003 WL 21032006

Snippet: 24, Florida Statutes (1975) (currently section 921.241, Florida Statutes (2002)), which requires that

King v. State

Court: Supreme Court of Florida | Date Filed: 1996-10-24

Citation: 681 So. 2d 1136, 1996 WL 606773

Snippet: shall fingerprint the defendant pursuant to s. 921.241. [6] The cited case involved a different individual

Roberts v. State

Court: District Court of Appeal of Florida | Date Filed: 1996-05-31

Citation: 677 So. 2d 1, 1996 WL 283688

Snippet: adult or a juvenile sentenced as an adult. See § 921.241, Fla.Stat. (1993). Accordingly, we affirm the conviction

Louis v. State

Court: District Court of Appeal of Florida | Date Filed: 1994-12-21

Citation: 647 So. 2d 324, 1994 WL 706157

Snippet: defendant pursuant to s. 921.241." § 775.084(3)(e), Fla. Stat. (1991). Section 921.241(2), Florida Statutes

Pridgeon v. State

Court: District Court of Appeal of Florida | Date Filed: 1992-10-12

Citation: 605 So. 2d 1004, 1992 Fla. App. LEXIS 10590, 1992 WL 277242

Snippet: and convictions were admissible under Section 921.241, Florida Statutes (1989), for the limited purpose