Florida Statutes
Fla. Stat. § 921.143 (2025)
Appearance of victim, next of kin, or law enforcement, correctional, or correctional probation officer to make statement at sentencing hearing; submission of written statement.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 31
cases (4 in the last 5 years), 1978–2025 · leading case: Dickie v. State, 216 So. 3d 35 (Fla. 2d DCA 2017).
Dickie v. State, 216 So. 3d 35 (Fla. 2d DCA 2017). “2015) (citing Patterson for the proposition that section 921.143 “requires that [a] victim or family member either appear before the sentencing court under oath or submit a written statement under oath to the state attorney” and that “it is reversible error” to admit unsworn…”
Jackson v. State, 983 So. 2d 562 (Fla. 2008). “" § 921.143(1), Fla. Stat. (2005). The statement "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…”
Grossman v. State, 525 So. 2d 833 (Fla. 1988). “Since § 921.143 was amended by ch. 84-363, Laws of Fla.”
State v. Warner, 762 So. 2d 507 (Fla. 2000). “The court may consider pre-plea victim input and a pre-plea presentence investigation report prior to suggesting any sentence; however, if victim input will not be received until a later time, the judge must make it clear on the record that the court is required to and will…”
Smith v. State, 982 So. 2d 69 (Fla. 1st DCA 2008). “" [1] *71 Today, as when section 921.143 was originally enacted, see Ch.”
Power v. State, 886 So. 2d 952 (Fla. 2004). “was procedurally barred because Power appealed the sufficiency of the HAC aggravator on direct appeal; the trial court also found that trial counsel was not ineffective under the circumstances where he also kept evidence and testimony of Power's prior crimes, including victim…”
Scull v. State, 533 So. 2d 1137 (Fla. 1988). “1988), we held that section 921.143(2), Florida Statutes (1985), was invalid insofar as that statute permits the introduction of victim impact evidence as an aggravating factor in capital proceedings.”
Owen v. State, 560 So. 2d 207 (Fla. 1990). “In accordance with section 921.143, Florida Statutes (1983), the trial judge heard testimony from the victim's family on the impact of the crime after receiving the jury's advisory recommendation of death.”
State v. McMahon, 94 So. 3d 468 (Fla. 2012). “Once involved, the judge may also "consider pre-plea victim input and a pre-plea pre-sentence investigation report prior to suggesting any sentence; however, if victim input will not be received until a later time, the judge must make it clear on the record that the court is…”
Johnny L. Robinson v. Michael W. Moore, 300 F.3d 1320 (11th Cir. 2002). “” Fla. Stat. Ann. § 921.143 (6)(h). . Krop also testified as to his own belief that being incarcerated in an adult facility could be emotionally traumatic for a juvenile.”
Michael Ryan Baugh v. State of Florida, 253 So. 3d 761 (Fla. 1st DCA 2018). “State, which held that section 921.143, Florida Statutes (2016), * bars the admission of an unsworn victim impact statement in a sentencing hearing.”
LeCroy v. State, 533 So. 2d 750 (Fla. 1988). “1988), and determined that the provisions of section 921.143, Florida Statutes (1985), gave the relatives the right to be heard.”
— 921.143(1) — 9 cases
Dickie v. State, 216 So. 3d 35 (Fla. 2d DCA 2017). “2015) (citing Patterson for the proposition that section 921.143 “requires that [a] victim or family member either appear before the sentencing court under oath or submit a written statement under oath to the state attorney” and that “it is reversible error” to admit unsworn…”
Jackson v. State, 983 So. 2d 562 (Fla. 2008). “" § 921.143(1), Fla. Stat. (2005). The statement "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…”
Smith v. State, 982 So. 2d 69 (Fla. 1st DCA 2008). “" [1] *71 Today, as when section 921.143 was originally enacted, see Ch.”
State v. Warner, 762 So. 2d 507 (Fla. 2000). “The court may consider pre-plea victim input and a pre-plea presentence investigation report prior to suggesting any sentence; however, if victim input will not be received until a later time, the judge must make it clear on the record that the court is required to and will…”
Robert Edward Taylor v. State of Florida, 264 So. 3d 1135 (Fla. 4th DCA 2019).
— 921.143(1)(a) — 3 cases
Michael Ryan Baugh v. State of Florida, 253 So. 3d 761 (Fla. 1st DCA 2018). “State, which held that section 921.143, Florida Statutes (2016), * bars the admission of an unsworn victim impact statement in a sentencing hearing.”
Robert Edward Taylor v. State of Florida, 264 So. 3d 1135 (Fla. 4th DCA 2019).
Michael Geno Manna v. State of Florida (Fla. 4th DCA 2025).
— 921.143(2) — 3 cases
Jackson v. State, 983 So. 2d 562 (Fla. 2008). “" § 921.143(1), Fla. Stat. (2005). The statement "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…”
Grossman v. State, 525 So. 2d 833 (Fla. 1988). “Since § 921.143 was amended by ch. 84-363, Laws of Fla.”
Scull v. State, 533 So. 2d 1137 (Fla. 1988). “1988), we held that section 921.143(2), Florida Statutes (1985), was invalid insofar as that statute permits the introduction of victim impact evidence as an aggravating factor in capital proceedings.”
— 921.143(2)(a) — 1 case
United States v. Degenhardt, 405 F. Supp. 2d 1341 (D. Utah 2005).
— 921.143(3) — 2 cases
Leon v. Dugger, 750 F. Supp. 1103 (M.D. Fla. 1990).
Lavandeira v. Thirteenth Jud. Circuit (M.D. Fla. 2020).
— 921.143(l)(a) — 1 case
Dickie v. State, 216 So. 3d 35 (Fla. 2d DCA 2017). “2015) (citing Patterson for the proposition that section 921.143 “requires that [a] victim or family member either appear before the sentencing court under oath or submit a written statement under oath to the state attorney” and that “it is reversible error” to admit unsworn…”
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