Florida Statute 921.143 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 921
SENTENCE

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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 Casetext

Amendments to 921.143

Arrestable Offenses / Crimes under Fla. Stat. 921.143

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 921.143.

Annotations, Discussions, Cases:

Cases Citing Statute 921.143

Total Results: 20

Leon Bernard Camel v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-06-12T00:00:00-07:00

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

Tristan Michael Bailes v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-01-10T00:00:00-08:00

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

JAVIER E. ANDRADE v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2021-10-13T00:53:00-07:00

Snippet: In addition to being notified of s. 921.143 [permitting victims the opportunity to

ROBERT EDWARD TAYLOR v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2019-02-19T23:53:00-08:00

Snippet: in violation of section 921.143(1), Florida Statutes (2018). Section 921.143(1) states, in pertinent …section 921.143(1) is unsupportable by the statute’s text. The plain language of section 921.143(1) does…statement at sentencing in violation of section 921.143(1), Florida Statutes (2018). We affirm, because…evidentiary hearing, reasoning: [S]ection 921.143, Florida Statutes, requires that the victim …reasoned: The plain language of section 921.143(1) does nothing to restrict the type of information

Michael Ryan Baugh v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2018-08-24T00:53:00-07:00

Snippet: making a statement under oath for the record.” § 921.143(1)(a), Fla. Stat. (2015). Like in Kirkpatrick…in Patterson v. State, which held that section 921.143, Florida Statutes (2016), * bars the admission …opinion, we construed section * Section 921.143 provides in pertinent part as follows: … court. 5 921.143 to require that written statements from victims

Dickie v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2017-03-08T00:00:00-08:00

Citation: 216 So. 3d 35

Snippet: section 921.143(1) is unsupportable by the statute’s text. The plain language of section 921.143(1) does…’s sentencing was improper pursuant to section 921.143(l)(a)-(b), Florida Statutes (2015), and Patterson…merits briefing, Mr. Dickie argues that section 921,143(1) acts as a bar to the admission of unsworn victim…424 (1984)). The plain language of section 921.143(1) does nothing to restrict the type of information…defendant’s sentence. In pertinent part, section 921.143(l)(a)-(b) provides that a sentencing court “shall

Jules v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2015-05-13T00:00:00-07:00

Citation: 165 So. 3d 48

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

State v. McMahon

Court: Fla. | Date Filed: 2012-04-05T00:00:00-07:00

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

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

State v. Hayes

Court: Fla. Dist. Ct. App. | Date Filed: 2008-12-02T23:53:00-08:00

Citation: 997 So. 2d 446

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

Patterson v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2008-10-29T00:53:00-07:00

Citation: 994 So. 2d 428

Snippet: The circuit court held that, pursuant to section 921.143, Florida Statutes, a statement from a victim'…demonstrate any error by counsel. However, section 921.143, Florida Statutes, requires that the victim or

Jackson v. State

Court: Fla. | Date Filed: 2008-05-29T00:00:00-07:00

Citation: 983 So. 2d 562

Snippet: shall be filed with the sentencing court." § 921.143(1), Fla. Stat. (2005). The statement "shall… appropriate disposition and sentence." § 921.143(2), Fla. Stat. (2005); see also art. I, § 16(b)

Smith v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2008-04-23T00:53:00-07:00

Citation: 982 So. 2d 69

Snippet: to testify at the sentencing hearing, section 921.143(1), Florida Statutes (2005), notwithstanding. We… We affirm. Ms. Smith argues section 921.143(1) should be read to permit testimony of an adult victim&…crime and the sister is the next of kin. Section 921.143(1) provides: At the sentencing hearing, and prior…statement shall be filed with the sentencing court. § 921.143(1), Fla. Stat. (2005). She urges a construction…witness at a sentencing hearing not named in section 921.143(1). Her argument boils down to little more than

Power v. State

Court: Fla. | Date Filed: 2004-05-06T00:53:00-07:00

Citation: 886 So. 2d 952

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

State v. Warner

Court: Fla. | Date Filed: 2000-06-22T00:53:00-07:00

Citation: 762 So. 2d 507

Snippet: victim input which is offered pursuant to section 921.143, Florida Statutes,[13] prior to making a final …participate in plea bargaining"). [13] See § 921.143(1), Fla.Stat. (1999)(providing that "[a]t

Robertson v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2000-04-12T00:53:00-07:00

Citation: 780 So. 2d 94

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

State v. Davidson

Court: Fla. Dist. Ct. App. | Date Filed: 1999-10-27T00:00:00-07:00

Citation: 753 So. 2d 576

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

State v. Gitto

Court: Fla. Dist. Ct. App. | Date Filed: 1999-04-30T00:53:00-07:00

Citation: 731 So. 2d 686

Snippet: victims' legislatively created rights. Section 921.143, Florida Statutes, requires that before the court

Adams v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1997-12-17T00:00:00-08:00

Citation: 702 So. 2d 1350

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

State v. Maxwell

Court: Fla. Dist. Ct. App. | Date Filed: 1995-01-17T23:53:00-08:00

Citation: 647 So. 2d 871

Snippet: victim impact evidence. Another statute, section 921.143, Florida Statutes, allows victim statements about

Thompson v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1994-06-03T00:53:00-07:00

Citation: 638 So. 2d 116

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