Florida Statute 921.1401 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 921
SENTENCE

View Entire Chapter

921.1401 Sentence of life imprisonment for persons who are under the age of 18 years at the time of the offense; sentencing proceedings.—

(1) Upon conviction or adjudication of guilt of an offense described in s. 775.082(1)(b), s. 775.082(3)(a)5., s. 775.082(3)(b)2., or s. 775.082(3)(c) which was committed on or after July 1, 2014, the court may conduct a separate sentencing hearing to determine if a term of imprisonment for life or a term of years equal to life imprisonment is an appropriate sentence.

(2) In determining whether life imprisonment or a term of years equal to life imprisonment is an appropriate sentence, the court shall consider factors relevant to the offense and the defendant’s youth and attendant circumstances, including, but not limited to:

(a) The nature and circumstances of the offense committed by the defendant.

(b) The effect of the crime on the victim’s family and on the community.

(d) The defendant’s background, including his or her family, home, and community environment.

(e) The effect, if any, of immaturity, impetuosity, or failure to appreciate risks and consequences on the defendant’s participation in the offense.

(f) The extent of the defendant’s participation in the offense.

(g) The effect, if any, of familial pressure or peer pressure on the defendant’s actions.

(h) The nature and extent of the defendant’s prior criminal history.

(i) The effect, if any, of characteristics attributable to the defendant’s youth on the defendant’s judgment.

(j) The possibility of rehabilitating the defendant.

History.—s. 2, ch. 2014-220.

F.S. 921.1401 on Google Scholar

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Amendments to 921.1401

Annotations, Discussions, Cases:

Cases Citing Statute 921.1401

Total Results: 70

Rodrick D. Williams v. State of Florida

242 So. 3d 280

Supreme Court of Florida | Filed: Feb 22, 2018 | Docket: 6312769

Cited 26 times | Published

first-degree murder conviction pursuant to section 921.1401, Florida Statutes (2016), and again sentenced

State of Florida v. Budry Michel

257 So. 3d 3

Supreme Court of Florida | Filed: Jul 12, 2018 | Docket: 7417581

Cited 9 times | Published

determining the appropriate sentence. See § 921.1401, Fla. Stat. (2017). Additionally, at the hearing

Curtis Hall v. State of Florida

248 So. 3d 1227

District Court of Appeal of Florida | Filed: Jun 4, 2018 | Docket: 7024344

Cited 4 times | Published

individualized sentencing hearing pursuant to section 921.1401, during which the trial court took into account

Beckman v. State

230 So. 3d 77

District Court of Appeal of Florida | Filed: Sep 6, 2017 | Docket: 6148142

Cited 3 times | Published

*82 147 L.Ed.2d 435 (2000). See § 921.1401, Fla. Stat. (2015). Finding no abuse of discretion

NICKOLAS WHITE v. STATE OF FLORIDA

271 So. 3d 1023

District Court of Appeal of Florida | Filed: May 8, 2019 | Docket: 15071943

Cited 1 times | Published

write to address appellant’s argument that section 921.1401, Florida Statutes, violates the Sixth Amendment

Kelvin Terrill Dortch v. State of Florida

266 So. 3d 1240

District Court of Appeal of Florida | Filed: Feb 15, 2019 | Docket: 14554410

Cited 1 times | Published

trial court made the findings required by section 921.1401, Florida Statutes before imposing life sentences

Dontavious Lamar Copeland v. State of Florida

240 So. 3d 58

District Court of Appeal of Florida | Filed: Feb 8, 2018 | Docket: 6300936

Cited 1 times | Published

court and arguments on the factors set forth in § 921.1401(2). After weighing the factors, the court determined

Johnny Barnes v. State

227 So. 3d 216, 2017 Fla. App. LEXIS 12900, 2017 WL 3896946

District Court of Appeal of Florida | Filed: Sep 7, 2017 | Docket: 6153665

Cited 1 times | Published

individualized sentencing hearing pursuant to section 921.1401, Florida Statutes (2016). At the sentencing

Reeters v. Israel

223 So. 3d 265, 2017 WL 2814888, 2017 Fla. App. LEXIS 9420

District Court of Appeal of Florida | Filed: Jun 28, 2017 | Docket: 60269935

Cited 1 times | Published

adults. Ch. 2014-220, Laws of Fla. Pursuant to section 921.1401, Florida Statutes (2016), a trial court may

Freddie L. Wade v. State of Florida

201 So. 3d 806, 2016 Fla. App. LEXIS 15056

District Court of Appeal of Florida | Filed: Oct 7, 2016 | Docket: 4480306

Cited 1 times | Published

pursuant to the individualized factors under section 921.1401, Florida Statutes, which must be considered

Laisha L. Landrum v. State of Florida

192 So. 3d 459, 41 Fla. L. Weekly Supp. 274, 2016 Fla. LEXIS 1194, 2016 WL 3191099

Supreme Court of Florida | Filed: Jun 9, 2016 | Docket: 3072271

Cited 1 times | Published

articulated in Miller and now codified in section 921.1401, Florida Statutes (2014). See Horsley

Bonifay v. State of Florida

District Court of Appeal of Florida | Filed: May 28, 2025 | Docket: 70386922

Published

that case, the court sentenced Elijah Mack under § 921.1401 to concurrent life sentences for murder and burglary

Jules Ducas v. the State of Florida

District Court of Appeal of Florida | Filed: Mar 26, 2025 | Docket: 69793060

Published

a juvenile and was therefore governed by section 921.1401, Florida Statutes. Id. As a result, the Fifth

Colby McCoggle v. State of Florida

District Court of Appeal of Florida | Filed: Apr 10, 2024 | Docket: 68422870

Published

for a further review after twenty-five years. § 921.1401(1), Fla. Stat. (2014). Although sections

Javarus Morgan v. The State of Florida

District Court of Appeal of Florida | Filed: Mar 13, 2024 | Docket: 68335150

Published

a sentencing hearing pursuant to related section 921.1401, Florida Statutes—which provides a list of

ROBERT D. GARNER v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 8, 2024 | Docket: 64921121

Published

after conducting a hearing in accordance with section 921.1401, which describes eleven factors a court must

Corey B. Johnson v. State of Florida

District Court of Appeal of Florida | Filed: Feb 14, 2024 | Docket: 68249557

Published

court considered each factor enumerated in section 921.1401, Florida Statutes (2017), in sentencing the

Jonathan Sawyer v. The State of Florida

District Court of Appeal of Florida | Filed: Jan 31, 2024 | Docket: 68003606

Published

Miller v. Alabama, 567 U.S. 460 (2012), and section 921.1401, Florida Statutes (2022). On appeal, Sawyer

State of Florida v. Herbert Leon Manago, Jr.

Supreme Court of Florida | Filed: Nov 30, 2023 | Docket: 68048304

Published

harmless. After considering “all of [the section 921.1401] factors,” the court imposed a life sentence

GREGORY BOUCHER v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 12, 2023 | Docket: 67600935

Published

individualized sentencing factors set forth in § 921.1401, Fla. Stat., and resentenced Boucher to 40 years

SHAWN ANTHONY SINGLETARY v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 16, 2022 | Docket: 63162401

Published

requested a resentencing hearing pursuant to section 921.1401, Florida Statutes (2021); Graham v. Florida

In Re: Amendments to the Florida Rules of Criminal Procedure

Supreme Court of Florida | Filed: Dec 16, 2021 | Docket: 61622079

Published

including, but not limited to those enumerated in section 921.1401(2), Florida Statutes. Additionally, the court

JONATHAN LACUE v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Dec 15, 2021 | Docket: 61618242

Published

considered similar sentencing factors pursuant to section 921.1401(2), Florida Statutes (2015). However, we have

ANTONIO HODGSON v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Oct 20, 2021 | Docket: 60660129

Published

nor a term of years equal to life imprisonment. § 921.1401(2), Fla. Stat. (2019) (enumerating factors for

DARYL LEVON TINDALL v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jan 27, 2021 | Docket: 45654197

Published

occurred pursuant to section 921.1401, Florida Statutes (2014). Section 921.1401 contains certain factors

JAMES MORGAN v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Dec 9, 2020 | Docket: 18726936

Published

challenges his life sentence imposed pursuant to section 921.1401, Florida Statutes. He claims that the statute

DEANGELO LAVANDER FAIN v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Dec 9, 2020 | Docket: 18726939

Published

court pronounced its requisite findings under section 921.1401(2), Florida Statutes (2019), holding that

GUSTAVO ENAMORADO DUBON v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 22, 2020 | Docket: 17089289

Published

and that the sentencing would proceed under section 921.1401, Florida Statutes. The prosecutor also incorrectly

Berny Serrano v. State of Florida

District Court of Appeal of Florida | Filed: Aug 30, 2019 | Docket: 16135509

Published

the court analyzed the factors specified in section 921.1401, Florida Statutes (2014), and concluded that

BROOKS JOHN BELLAY v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 10, 2019 | Docket: 15897439

Published

Miller v. Alabama, 567 U.S. 460 (2012), and section 921.1401, Florida Statutes (2017). Appellant argues

LABRONX BAILEY v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jun 26, 2019 | Docket: 15835847

Published

individualized sentencing procedure set forth in section 921.1401, Florida Statutes (2014).1 See Falcon v. State

Shawn David Jackson v. State of Florida

District Court of Appeal of Florida | Filed: Jun 12, 2019 | Docket: 15762808

Published

WETHERELL, J. After a hearing under section 921.1401, Florida Statutes, the appellant, Shawn David

Francois v. State

271 So. 3d 1130

District Court of Appeal of Florida | Filed: Mar 27, 2019 | Docket: 14809058

Published

pursuant to Graham, among others, and pursuant to section 921.1401(2), Florida Statutes (2017) (enacted as part

LABRONX BAILEY v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 22, 2019 | Docket: 14775754

Published

individualized sentencing procedure set forth in section 921.1401, Florida Statutes (2014).1 See Falcon v. State

Richard Day v. State of Florida

266 So. 3d 870

District Court of Appeal of Florida | Filed: Mar 18, 2019 | Docket: 14731011

Published

and Graham v. Florida, 560 U.S. 48 (2010). See § 921.1401, Fla. Stat.; see also Horsley v. State, 160 So

Robinson v. State

268 So. 3d 848

District Court of Appeal of Florida | Filed: Mar 13, 2019 | Docket: 64711783

Published

specific findings as to each factor under section 921.1401-Florida's juvenile life-sentencing statute-his

Robinson v. State

268 So. 3d 848

District Court of Appeal of Florida | Filed: Mar 13, 2019 | Docket: 64711784

Published

specific findings as to each factor under section 921.1401-Florida's juvenile life-sentencing statute-his

Kimothy Mark Simmons v. State of Florida

267 So. 3d 1067

District Court of Appeal of Florida | Filed: Mar 7, 2019 | Docket: 14636277

Published

findings on the statutory factors set forth in section 921.1401, Florida Statutes. However, as no contemporaneous

KEVIN NELMS v. STATE OF FLORIDA

263 So. 3d 88

District Court of Appeal of Florida | Filed: Jan 23, 2019 | Docket: 13588106

Published

defendant’s remorse, and the criteria set out in section 921.1401, Florida Statutes, before imposing the new

STATE OF FLORIDA v. DOMINIQUE WRIGHT

260 So. 3d 1076

District Court of Appeal of Florida | Filed: Dec 5, 2018 | Docket: 8346791

Published

In his answer brief, appellee contends that section 921.1401, Florida Statutes, requiring individualized

State of Florida v. Budry Michel

Supreme Court of Florida | Filed: Nov 1, 2018 | Docket: 8119863

Published

when determining the appropriate sentence. See § 921.1401, Fla. Stat. (2017). Additionally, at the hearing

ZACHARY CARLTON DIXON v. STATE OF FLORIDA

257 So. 3d 1046

District Court of Appeal of Florida | Filed: Oct 24, 2018 | Docket: 8074517

Published

its evaluation of the factors outlined under section 921.1401, Florida Statutes (2016), when the court resentenced

FELIX JOSUE MARTINEZ v. STATE OF FLORIDA

256 So. 3d 897

District Court of Appeal of Florida | Filed: Oct 10, 2018 | Docket: 8015487

Published

(2012), and the subsequent codification of section 921.1401 of the Florida Statutes, Appellant was resentenced

Jose A. Gonzalez v. State of Florida

252 So. 3d 1282

District Court of Appeal of Florida | Filed: Aug 24, 2018 | Docket: 7741307

Published

judge, must pass on the factors set forth in section 921.1401(2). See Copeland v. State, 240 So. 3d 58 (Fla

Jay Jr. v. State

252 So. 3d 326

District Court of Appeal of Florida | Filed: Jul 25, 2018 | Docket: 7511605

Published

Atwell, he is entitled to resentencing under section 921.1401, Florida Statutes (2016). Miller establishes

Roberson v. State

247 So. 3d 718

District Court of Appeal of Florida | Filed: Jun 28, 2018 | Docket: 64682316

Published

resentenced him to life in prison in accordance with section 921.1401, Florida Statutes. Appellant raises three

ALDEN BENJAMIN WHITE v. STATE OF FLORIDA

244 So. 3d 1130

District Court of Appeal of Florida | Filed: Jun 6, 2018 | Docket: 7062007

Published

sentencing considered the factors set out in section 921.1401(2) in deciding whether to sentence Appellant

Hernandez v. State

District Court of Appeal of Florida | Filed: May 16, 2018 | Docket: 6716296

Published

3 section 921.1401, Florida Statutes (2014), the factors required

Dante Rashad Morris v. State of Florida

246 So. 3d 244

Supreme Court of Florida | Filed: May 10, 2018 | Docket: 6570776

Published

several factors that the 2014 amendments to section 921.1401, Florida Statutes, now require, including

DENNIS L. HART v. STATE OF FLORIDA

246 So. 3d 417

District Court of Appeal of Florida | Filed: May 2, 2018 | Docket: 6383138

Published

sentence in light of the factors enumerated in section 921.1401(2), Florida Statutes (enacted as part of chapter

C.J., A CHILD v. STATE OF FLORIDA

244 So. 3d 299

District Court of Appeal of Florida | Filed: Apr 18, 2018 | Docket: 6366323

Published

determining whether to impose a life sentence. § 921.1401(2), Fla. Stat. (2014). Id. at 218 (citations

DAVID ELKIN v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Feb 28, 2018 | Docket: 6318516

Published

(amending section 775.082), § 2 (creating section 921.1401), § 3 (creating section 921.1402), at 2869-75

Brown v. State

235 So. 3d 971

District Court of Appeal of Florida | Filed: Nov 8, 2017 | Docket: 6219433

Published

appropriate sentencing hearing in accordance with section 921.1401, Florida Statutes (2014), and thus affirm

KEVIN CUTTS v. STATE OF FLORIDA

225 So. 3d 244, 2017 WL 2858912, 2017 Fla. App. LEXIS 9645

District Court of Appeal of Florida | Filed: Jul 5, 2017 | Docket: 6085987

Published

court made express findings in accordance with section 921.1401, Florida Statutes (2016), and we affirm. We

Alfred E. Hawkins v. State of Florida

219 So. 3d 982, 2017 WL 2373310, 2017 Fla. App. LEXIS 7884

District Court of Appeal of Florida | Filed: Jun 1, 2017 | Docket: 6068568

Published

:sentencing and considered the factors under section 921.1401, Florida Statutes, which was added to address

Reid v. State

District Court of Appeal of Florida | Filed: May 31, 2017 | Docket: 6067553

Published

and remand for a resentencing pursuant to section 921.1401 of the Florida Statutes. On March 20

Kendall Young v. State

219 So. 3d 206, 2017 WL 1967410, 2017 Fla. App. LEXIS 6822

District Court of Appeal of Florida | Filed: May 12, 2017 | Docket: 6063775

Published

to comply with both cases. Notably, while section 921,1401 requires that the trial court consider certain

Carter v. State

215 So. 3d 125, 2017 WL 1018513, 2017 Fla. App. LEXIS 3463

District Court of Appeal of Florida | Filed: Mar 15, 2017 | Docket: 4617680

Published

section 775.082(3)(c), Florida Statutes and section 921.1401, Florida Statutes. Reversed and remanded

Miller v. State

208 So. 3d 834, 2017 WL 362547, 2017 Fla. App. LEXIS 726

District Court of Appeal of Florida | Filed: Jan 25, 2017 | Docket: 4573209

Published

775.082(l)(b)(l), Florida Statutes (2016), section 921.1401, Florida Statutes (2014), and section 921

Kenneth Purdy v. State

268 So. 3d 813

District Court of Appeal of Florida | Filed: Jan 23, 2017 | Docket: 4579969

Published

after considering the factors set forth in section 921.1401(2)(a)–(j), Florida Statutes (2015), resentenced

Stripling v. State

209 So. 3d 70, 2016 Fla. App. LEXIS 18685

District Court of Appeal of Florida | Filed: Dec 21, 2016 | Docket: 4555824

Published

775.082(1)(b)(1), Florida Statutes (2016), section 921.1401, Florida Statutes (2014), and section 921

Miller v. State

District Court of Appeal of Florida | Filed: Dec 21, 2016 | Docket: 4555829

Published

775.082(1)(b)(1), Florida Statutes (2016), section 921.1401, Florida Statutes (2014), and section 921

Thomas Kelsey v. State of Florida

206 So. 3d 5, 41 Fla. L. Weekly Supp. 600, 2016 Fla. LEXIS 2644

Supreme Court of Florida | Filed: Dec 8, 2016 | Docket: 4550133

Published

all of the sentencing factors set forth in section 921.1401(2). As we explained in Landrum v. State, chapter

Ejak v. State

201 So. 3d 1228, 2016 Fla. App. LEXIS 15573

District Court of Appeal of Florida | Filed: Oct 19, 2016 | Docket: 4480374

Published

parole—but before the Florida Legislature enacted section 921.1401(2), Florida Statutes (2014), to bring Florida’s

Derrick K. Randolph v. State

199 So. 3d 1127, 2016 Fla. App. LEXIS 13921, 2016 WL 4945116

District Court of Appeal of Florida | Filed: Sep 16, 2016 | Docket: 4426874

Published

articulated in Miller and now codified in section 921.1401, Florida Statutes (2014).” Landrum v

Tyler Joseph Hadley v. State of Florida

190 So. 3d 217, 2016 Fla. App. LEXIS 6410, 2016 WL 1688498

District Court of Appeal of Florida | Filed: Apr 27, 2016 | Docket: 3062279

Published

circumstances,” including the factors enumerated in section 921.1401(2)(a)-(j). .§ 921.1401(2). Under section 921

Anthony Michael Ortiz v. State of Florida

188 So. 3d 113, 2016 WL 1295073, 2016 Fla. App. LEXIS 5169

District Court of Appeal of Florida | Filed: Apr 4, 2016 | Docket: 3050460

Published

the relevant criteria for sentencing under section 921.1401, Florida Statutes, in Appellant’s prior sentencing

In Re AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE AND FLORIDA RULE OF APPELLATE PROCEDURE 9.140

176 So. 3d 980, 40 Fla. L. Weekly Supp. 544, 2015 Fla. LEXIS 2216, 2015 WL 5877975

Supreme Court of Florida | Filed: Oct 8, 2015 | Docket: 2866127

Published

Juvenile Offenders) derives from the enactment of section 921.1401, Florida Statutes, which was created by chapter

Blake v. State

198 So. 3d 16, 2015 Fla. App. LEXIS 10498, 2015 WL 5522126

District Court of Appeal of Florida | Filed: Jul 10, 2015 | Docket: 2679114

Published

outlined in Miller and now codified in section 921.1401, the court resentenced Blake to, life without

Lindsey v. State

168 So. 3d 267, 2015 Fla. App. LEXIS 9511, 2015 WL 3875264

District Court of Appeal of Florida | Filed: Jun 24, 2015 | Docket: 60248631

Published

individualized sentencing hearing pursuant to section 921.1401, Florida Statutes (2014), even when the trial

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