Florida Statute 921.143 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 921
SENTENCE

View Entire Chapter

F.S. 921.143

921.143 Appearance of victim, next of kin, or law enforcement, correctional, or correctional probation officer to make statement at sentencing hearing; submission of written statement.—

(1) At the sentencing hearing, and prior to the imposition of sentence upon any defendant who has been convicted of any felony or who has pleaded guilty or nolo contendere to any crime, including a criminal violation of a provision of chapter 316, the sentencing court shall permit the victim of the crime for which the defendant is being sentenced, the victim’s parent or guardian if the victim is a minor, the lawful representative of the victim or of the victim’s parent or guardian if the victim is a minor, or the next of kin of the victim if the victim has died from causes related to the crime, to:

(a) Appear before the sentencing court for the purpose of making a statement under oath for the record; and

(b) Submit a written statement under oath to the office of the state attorney, which statement shall be filed with the sentencing court.

(2) The state attorney or any assistant state attorney shall advise all victims or, when appropriate, the victim’s parent, guardian, next of kin, or lawful representative that statements, whether oral or written, shall relate to the facts of the case and the extent of any harm, including social, psychological, or physical harm, financial losses, loss of earnings directly or indirectly resulting from the crime for which the defendant is being sentenced, and any matter relevant to an appropriate disposition and sentence.

(3)(a) This subsection shall be known by the popular name the “Officer Cheryl Seiden Act.”

(b) The court may not accept a plea agreement that prohibits a law enforcement officer, correctional officer, or correctional probation officer from appearing or speaking at a parole hearing or clemency hearing.

(c) In any case in which the victim is a law enforcement officer, correctional officer, or correctional probation officer, a plea agreement may not prohibit the officer or an authorized representative of the officer’s employing agency from appearing or providing a statement at the sentencing hearing.

(d) As used in this subsection, the terms “law enforcement officer,” “correctional officer,” “correctional probation officer,” and “employing agency” have the meanings ascribed in s. 943.10.

(e) This subsection does not impair any right afforded under chapter 960 or under s. 16(b), Art. I of the State Constitution.

(4) The court may refuse to accept a negotiated plea and order the defendant to stand trial.

History.—ss. 9, 10, ch. 76-274; s. 3, ch. 84-363; s. 2, ch. 88-196; s. 1, ch. 97-120; s. 4, ch. 2001-209; s. 1, ch. 2004-14.

F.S. 921.143 on Google Scholar

F.S. 921.143 on CourtListener

Amendments to 921.143

Annotations, Discussions, Cases:

Cases Citing Statute 921.143

Total Results: 27

Jackson v. State

983 So. 2d 562, 33 Fla. L. Weekly Fed. S 357

Supreme Court of Florida | Filed: May 29, 2008 | Docket: 1687975

Cited 188 times | Published

statement shall be filed with the sentencing court." § 921.143(1), Fla. Stat. (2005). The statement "shall relate

Grossman v. State

525 So. 2d 833, 1988 WL 53956

Supreme Court of Florida | Filed: Feb 18, 1988 | Docket: 1271217

Cited 124 times | Published

for which the defendant is being sentenced." § 921.143(2), Fla. Stat. (1985). Thus, it is clear that

State v. Warner

762 So. 2d 507, 2000 WL 821675

Supreme Court of Florida | Filed: Jun 22, 2000 | Docket: 1690838

Cited 59 times | Published

victim input which is offered pursuant to section 921.143, Florida Statutes,[13] prior to making a final

Johnny L. Robinson v. Michael W. Moore

300 F.3d 1320, 2002 U.S. App. LEXIS 15902, 2002 WL 1815705

Court of Appeals for the Eleventh Circuit | Filed: Aug 8, 2002 | Docket: 333008

Cited 54 times | Published

imposition of the death penalty.” Fla. Stat. Ann. § 921.143(6)(h). . Krop also testified as to his own belief

Scull v. State

533 So. 2d 1137, 1988 WL 93756

Supreme Court of Florida | Filed: Sep 8, 1988 | Docket: 1233446

Cited 52 times | Published

State, 525 So.2d 833 (Fla. 1988), we held that section 921.143(2), Florida Statutes (1985), was invalid insofar

Owen v. State

560 So. 2d 207, 1990 WL 59408

Supreme Court of Florida | Filed: Mar 1, 1990 | Docket: 1739483

Cited 46 times | Published

should a retrial occur. In accordance with section 921.143, Florida Statutes (1983), the trial judge heard

Power v. State

886 So. 2d 952, 2004 WL 1057688

Supreme Court of Florida | Filed: May 6, 2004 | Docket: 1379967

Cited 25 times | Published

motion challenging the constitutionality of section 921.143, Florida Statutes; and challenged the HAC instruction

LeCroy v. State

533 So. 2d 750, 1988 WL 110770

Supreme Court of Florida | Filed: Oct 20, 1988 | Docket: 1232620

Cited 24 times | Published

1988), and determined that the provisions of section 921.143, Florida Statutes (1985), gave the relatives

State Ex Rel. Wilhoit v. Wells

356 So. 2d 817

District Court of Appeal of Florida | Filed: Mar 6, 1978 | Docket: 1479069

Cited 20 times | Published

objections by the complaining witnesses. See § 921.143, Florida Statutes (Supp. 1976). And second, the

State v. McMahon

94 So. 3d 468, 37 Fla. L. Weekly Supp. 259, 2012 WL 1123738, 2012 Fla. LEXIS 641

Supreme Court of Florida | Filed: Apr 5, 2012 | Docket: 60310893

Cited 9 times | Published

victim input which is offered pursuant to section 921.143, Florida Statutes, prior to making a final

Thompson v. State

638 So. 2d 116, 1994 WL 236537

District Court of Appeal of Florida | Filed: Jun 3, 1994 | Docket: 1168597

Cited 8 times | Published

hearing and prior to review of any victim impact, § 921.143, Fla. Stat. (1993), all of which is contrary to

Patterson v. State

994 So. 2d 428, 2008 WL 4722515

District Court of Appeal of Florida | Filed: Oct 29, 2008 | Docket: 1408642

Cited 4 times | Published

The circuit court held that, pursuant to section 921.143, Florida Statutes, a statement from a victim's

State v. Maxwell

647 So. 2d 871, 1994 WL 415241

District Court of Appeal of Florida | Filed: Jan 18, 1995 | Docket: 437813

Cited 4 times | Published

of victim impact evidence. Another statute, section 921.143, Florida Statutes, allows victim statements

Dickie v. State

216 So. 3d 35, 2017 WL 913634, 2017 Fla. App. LEXIS 3028

District Court of Appeal of Florida | Filed: Mar 8, 2017 | Docket: 4615268

Cited 3 times | Published

Dickie’s sentencing was improper pursuant to section 921.143(l)(a)-(b), Florida Statutes (2015), and Patterson

Robertson v. State

780 So. 2d 94, 2000 WL 368468

District Court of Appeal of Florida | Filed: Apr 12, 2000 | Docket: 1708736

Cited 2 times | Published

permissible, see Art. I, § 16(b), Fla. Const.; § 921.143, Fla. Stat. (1997), and definitely relevant to

State v. Gitto

731 So. 2d 686, 1998 WL 335787

District Court of Appeal of Florida | Filed: Apr 30, 1999 | Docket: 1409283

Cited 2 times | Published

for victims' legislatively created rights. Section 921.143, Florida Statutes, requires that before the

Michael Ryan Baugh v. State of Florida

253 So. 3d 761

District Court of Appeal of Florida | Filed: Aug 24, 2018 | Docket: 7741304

Cited 1 times | Published

making a statement under oath for the record.” § 921.143(1)(a), Fla. Stat. (2015). Like in Kirkpatrick

Smith v. State

982 So. 2d 69, 2008 WL 1805453

District Court of Appeal of Florida | Filed: Apr 23, 2008 | Docket: 1664842

Cited 1 times | Published

herself, to testify at the sentencing hearing, section 921.143(1), Florida Statutes (2005), notwithstanding

Michael Geno Manna v. State of Florida

District Court of Appeal of Florida | Filed: Aug 13, 2025 | Docket: 71098959

Published

making a statement under oath for the record[.]” § 921.143(1)(a), Fla. Stat. (2023). “Marsy’s Law does

Jared Cordel Clakley v. State of Florida

District Court of Appeal of Florida | Filed: Jul 30, 2025 | Docket: 70962107

Published

victim impact statements are inadmissible under section 921.143, Florida Statutes, and this court’s precedent

Leon Bernard Camel v. State of Florida

District Court of Appeal of Florida | Filed: Jun 12, 2024 | Docket: 68848308

Published

probation or community control”) (emphasis added); § 921.143(1), Fla. Stat. (requiring that a trial court allow

Tristan Michael Bailes v. State of Florida

District Court of Appeal of Florida | Filed: Jan 10, 2024 | Docket: 68149062

Published

a sworn written statement in violation of section 921.143(1), Florida Statutes (2022), which states:

ROBERT EDWARD TAYLOR v. STATE OF FLORIDA

264 So. 3d 1135

District Court of Appeal of Florida | Filed: Feb 20, 2019 | Docket: 14560229

Published

unsworn statement at sentencing in violation of section 921.143(1), Florida Statutes (2018). We affirm, because

Jules v. State

165 So. 3d 48, 2015 WL 2219207

District Court of Appeal of Florida | Filed: May 13, 2015 | Docket: 2656526

Published

victim input pursuant to Florida Statutes section 921.143(1) (1989). Jules’s petition for writ of mandamus

State v. Hayes

997 So. 2d 446, 2008 WL 5070255

District Court of Appeal of Florida | Filed: Dec 3, 2008 | Docket: 1720840

Published

being imposed. See Art. I, § 16(a), Fla. Const.; § 921.143(1), Fla. Stat. ("[a]t the sentencing hearing

State v. Davidson

753 So. 2d 576, 1999 Fla. App. LEXIS 14214, 1999 WL 974120

District Court of Appeal of Florida | Filed: Oct 27, 1999 | Docket: 64795915

Published

defendant’s plea agreement. See 731 So.2d at 692; § 921.143, Fla. Stat. Victim input is not relevant to drug

Adams v. State

702 So. 2d 1350, 1997 Fla. App. LEXIS 14050, 1997 WL 770657

District Court of Appeal of Florida | Filed: Dec 17, 1997 | Docket: 64777419

Published

submitted by the victim or next of kin pursuant to § 921.143, proven by preponderance of the evidence, which