Florida Statute 921.16 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 921
SENTENCE

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F.S. 921.16

921.16 When sentences to be concurrent and when consecutive.—

(1) A defendant convicted of two or more offenses charged in the same indictment, information, or affidavit or in consolidated indictments, informations, or affidavits shall serve the sentences of imprisonment concurrently unless the court directs that two or more of the sentences be served consecutively. Sentences of imprisonment for offenses not charged in the same indictment, information, or affidavit shall be served consecutively unless the court directs that two or more of the sentences be served concurrently. Any sentence for sexual battery as defined in chapter 794 or murder as defined in s. 782.04 must be imposed consecutively to any other sentence for sexual battery or murder which arose out of a separate criminal episode or transaction.

(2) A county court or circuit court of this state may direct that the sentence imposed by such court be served concurrently with a sentence imposed by a court of another state or of the United States or, for purposes of this section, concurrently with a sentence to be imposed in another jurisdiction. In such case, the Department of Corrections may designate the correctional institution of the other jurisdiction as the place for reception and confinement of such person and may also designate the place in Florida for reception and confinement of such person in the event that confinement in the other jurisdiction terminates before the expiration of the Florida sentence. The sheriff shall forward commitment papers and other documents specified in s. 944.17 to the department. Upon imposing such a sentence, the court shall notify the Florida Commission on Offender Review as to the jurisdiction in which the sentence is to be served. Any prisoner so released to another jurisdiction shall be eligible for consideration for parole by the Florida Commission on Offender Review pursuant to chapter 947, except that the commission shall determine the presumptive parole release date and the effective parole release date by requesting such person’s file from the receiving jurisdiction. Upon receiving such records, the commission shall determine these release dates based on the relevant information in that file and shall give credit toward reduction of the Florida sentence for gain-time granted by the jurisdiction where the inmate is serving the sentence. The Florida Commission on Offender Review may concur with the parole release decision of the jurisdiction granting parole and accepting supervision.

(3) A county court or circuit court of this state may not direct that the sentence imposed by such court be served coterminously with a sentence imposed by another court of this state or imposed by a court of another state.

History.—s. 261, ch. 19554, 1939; CGL 1940 Supp. 8663(271); s. 124, ch. 70-339; s. 1, ch. 78-219; s. 24, ch. 79-3; s. 12, ch. 79-42; s. 1, ch. 79-310; s. 43, ch. 88-122; s. 10, ch. 95-283; s. 2, ch. 2000-179; s. 1, ch. 2003-128; s. 22, ch. 2014-191; s. 21, ch. 2016-24; s. 27, ch. 2017-37; s. 13, ch. 2017-107.

F.S. 921.16 on Google Scholar

F.S. 921.16 on Casetext

Amendments to 921.16

Arrestable Offenses / Crimes under Fla. Stat. 921.16

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 921.16.

Annotations, Discussions, Cases:

Cases Citing Statute 921.16

Total Results: 20

MICHAEL ALLEN LOVETT v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-16T00:00:00-07:00

Snippet: offenses charged in the same information. See § 921.16(1), Fla. Stat. (2018). But the jury only convicted

RANDY WASHINGTON v. THE STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-03-22T00:53:00-07:00

Snippet: LOBREE, JJ. PER CURIAM. Affirmed. See § 921.16(1), Fla. Stat. (1989) (“A defendant convicted

PARNELL SMITH v. THE STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-02-07T23:53:00-08:00

Snippet: of the total consecutive sentences imposed.”); § 921.16(1), Fla. Stat. (1981) (“A defendant convicted

CHRISTOPHER WALK v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2022-10-06T00:53:00-07:00

Snippet: each count, all to be served concurrently. See § 921.16(1), Fla. Stat. (2017) (“A defendant convicted of

CHRISTOPHER WALK v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2022-08-10T00:53:00-07:00

Snippet: probation portion would be served concurrently. See § 921.16(1), Fla. Stat. (2017) (“A defendant convicted of

JOSE ANGEL MALDONADO v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2021-11-16T23:53:00-08:00

Snippet: under both the 1994 and 1995 guidelines. See § 921.0016(3)(j), Fla. Stat. (1993) (departure from sentencing…under both the 1994 and 1995 guidelines. See § 921.0016(3)(l), Fla. Stat. (1993) (departure from sentencing

LENIST KEY v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2020-02-11T23:53:00-08:00

Snippet: See id.; § 921.0016(3)(r), Fla. Stat. Here, the trial court interpreted section 921.0016(3)(r) to include…section 921.0016(3)(r).” (emphasis added)). We agree with Key’s contention that section 921.0016(3)(r…254 So. 3d 996, 998 (Fla. 4th DCA 2018). Section 921.0016(3)(r), Florida Statutes (1995), permits an upward…convicted of a level eight or higher offense. See § 921.0016(3)(r), Fla. Stat. The court found that both armed…statute in question. See id. Having reviewed section 921.0016(3)(r), we find that the phrase “has been convicted

Cortez Kwame Johnson v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2019-09-12T00:53:00-07:00

Snippet: the expiration of the Florida sentence. § 921.16(2), Fla. Stat. Further, “[a]lthough trial courts… state/federal sentence imposed in this case. § 921.16(2), Fla. Stat. (2019). The trial judge sentenced…Department’s placement discretion under section 921.16(2), Florida Statutes, which says first that circuit…before the expiration of the Florida sentence.” § 921.16(2), Fla. Stat. In Doyle v. State, 615 So. 2d 278…concurrent state/federal sentence under section 921.16(2) is not that Florida courts are without a remedy

ELTON NAVARE ALLEN TAYLOR v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2019-07-31T00:53:00-07:00

Snippet: more of the sentences be served consecutively.” § 921.16(1), Fla. Stat. (2018). Additionally, a trial court…with its orally pronounced sentence and section 921.16, Florida Statutes. Affirmed in part, reversed

Forte v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2019-05-22T00:53:00-07:00

Snippet: should run concurrently, not consecutively. Section 921.16(1), Florida Statutes (1994), the statute in effect…, provides that concurrent sentences 1 Section 921.16(1), Florida Statutes (1994-present), provides,

Juan L. Jenkins v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2019-03-06T23:53:00-08:00

Snippet: consecutive sentences violate double jeopardy. See § 921.16, Fla. Stat. (2005); State v. Cantrell, 417 So.

Simmons v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2019-02-12T23:53:00-08:00

Snippet: 921.001(8). § 921.0016(3)(p), Fla. Stat. (1993). Pursuant to section 921.0016(3)(p) the trial…such a specific finding is required by section 921.0016(3)(p), Florida Statutes (1993), before a departure…of victim’s vulnerability pursuant to section 921.0016(3)(j), Florida Statutes, because the facts supporting…1058, 1060 (Fla. 4th DCA 2008). B. Section 921.0016(3)(p), Florida Statutes Simmons next argues…still entitled to relief because under section 921.0016(3), the trial court was required and failed to

MARCUS COLSTON v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2018-08-15T00:53:00-07:00

Snippet: an aggregate of 125-years’ imprisonment. See § 921.16(1), Fla. Stat. (2016) (“Sentences of imprisonment

WYLIE BILLUPS v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2018-06-27T00:53:00-07:00

Snippet: favorably to the accused. . . . [Section 921.16, Florida Statutes (1979)] …something that neither section 775.087 nor section 921.16 expressly provides for: incarceration sentences

JAY LARSON v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2018-04-20T00:53:00-07:00

Snippet: 2001 and 2003 sentences as required by section 921.16, Florida Statutes (2012). Larson argued that had…sentences would be served consecutively, citing section 921.16. Larson's trial counsel also …application of the mandatory language of section 921.16(1), in the absence of a determination by the trial…sentences in independent cases." (citing § 921.16(1), Fla. Stat. (1993))). The decision…sentences "shall be served consecutively." § 921.16(1) (emphasis added). That is, "[s]entences

State of Florida v. Brian Mitchell Lee

Court: Fla. Dist. Ct. App. | Date Filed: 2017-06-01T00:00:00-07:00

Citation: 223 So. 3d 342, 2017 WL 2374401, 2017 Fla. App. LEXIS 7886

Snippet: run the sentences consecutively. §§ 921.00265(1), 921.16(1), Fla. Stat. (2013). Thus, Lee was facing a total

Patterson v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-12-21T00:00:00-08:00

Citation: 206 So. 3d 64, 2016 Fla. App. LEXIS 18767

Snippet: concurrently or consecutively). The State cites section 921.16(1), Florida Statutes (2016) to support its position…sentences. But, it was not required to do so under § 921.16. Rather, that section allows the trial court discretion

Charles v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-10-26T00:00:00-07:00

Citation: 204 So. 3d 63, 2016 Fla. App. LEXIS 15940

Snippet: concurrently, which seems to be the norm. See § 921.16(1), Fla. Stat. (2000) (setting the default for

Michael Wolcoff v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2016-07-18T00:00:00-07:00

Citation: 197 So. 3d 111, 2016 Fla. App. LEXIS 11006

Snippet: the sentences are consecutive, See § 921.16(1), Florida Statutes (2001) (“Sentences of imprisonment…information or indictment be served concurrently, section 921.16(1) dictates that such sentences be served consecutively

Tommy Burns v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-05-06T00:00:00-07:00

Citation: 190 So. 3d 257, 2016 WL 2609641, 2016 Fla. App. LEXIS 6974

Snippet: to be served. As a result, pursuant to section 921.16, Florida.Statutes (2012), the sentence is to be