Florida Statute 921.18 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 921
SENTENCE

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F.S. 921.18

921.18 Sentence for indeterminate period for noncapital felony.—The court in its discretion may sentence a defendant convicted of a noncapital felony to the custody of the Department of Corrections for an indeterminate period of 6 months to a maximum period of imprisonment. The maximum sentence may be less than the maximum prescribed by law, but shall not be less than the minimum, if any, prescribed for the offense. After July 1, 1990, the court shall consider sentencing a defendant to serve his or her sentence in a county residential probation center facility as described in s. 951.23 for the county residential probation program as provided in s. 951.231 only if the defendant has not been previously convicted of a felony or twice convicted of a misdemeanor and the existing local facility has available capacity. This section shall not apply to sentences imposed under s. 775.084 or any other statute providing for punishment of habitual criminals.

History.—ss. 2, 7-11, ch. 57-366; s. 1, ch. 59-109; s. 18, ch. 61-530; s. 1, ch. 63-306; ss. 19, 35, ch. 69-106; s. 126, ch. 70-339; s. 1, ch. 70-441; s. 15, ch. 77-120; s. 26, ch. 79-3; s. 74, ch. 88-122; s. 6, ch. 91-225; s. 1545, ch. 97-102.

Note.—Section 126, ch. 70-339, incorporated portions of former s. 921.23 into s. 921.18.

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Amendments to 921.18

Annotations, Discussions, Cases:

Cases Citing Statute 921.18

Total Results: 19

Adams v. Culver

111 So. 2d 665

Supreme Court of Florida | Filed: May 8, 1959 | Docket: 1428181

Cited 73 times | Published

sentenced under our "indeterminate sentence" statute, § 921.18, Fla. Stat. 1957, F.S.A., to a term of six months

State v. Smith

360 So. 2d 21

District Court of Appeal of Florida | Filed: May 31, 1978 | Docket: 419818

Cited 7 times | Published

the maximum provided by law for the offense. F.S. 921.18. In view of our disposition reversing the amended

Bell v. State

382 So. 2d 107

District Court of Appeal of Florida | Filed: Mar 26, 1980 | Docket: 1444040

Cited 6 times | Published

in the punishment of habitual criminals. Fla. Stat. 921.18 (1979). Judgment affirmed, sentence reversed

Cox v. State

344 So. 2d 1324

District Court of Appeal of Florida | Filed: Apr 27, 1977 | Docket: 2564781

Cited 2 times | Published

sentence" the only lawful sentence allowable under Section 921.18, Florida Statutes was one requiring a minimum

Brown v. State

232 So. 2d 55

District Court of Appeal of Florida | Filed: Feb 12, 1970 | Docket: 1713149

Cited 1 times | Published

probation and considering imprisonment only, compare F.S. 921.18, F.S.A., the indeterminate sentence statute,

Carnley v. Cochran

118 So. 2d 629

Supreme Court of Florida | Filed: Mar 11, 1960 | Docket: 1515429

Cited 1 times | Published

matter complied strictly with the provisions of Section 921.18, Florida Statutes, 1957 F.S.A. By Chapter 57-366

Pack v. State

161 So. 3d 589, 2014 Fla. App. LEXIS 20594, 2014 WL 7212644

District Court of Appeal of Florida | Filed: Dec 19, 2014 | Docket: 2617341

Published

the only lawful indeterminate sentence under section 921.18, Florida Statutes (1977), required a minimum

Kantainis v. State

441 So. 2d 1115, 1983 Fla. App. LEXIS 24141

District Court of Appeal of Florida | Filed: Nov 8, 1983 | Docket: 64601333

Published

conceded by the State to be invalid under Section 921.18, Florida Statutes (1981), see Lee v. State

Gibbs v. State

415 So. 2d 911, 1982 Fla. App. LEXIS 20437

District Court of Appeal of Florida | Filed: Jun 30, 1982 | Docket: 64590763

Published

of six months to three years imprisonment. See § 921.18, Florida Statutes (1981). We REMAND for the purpose

Butler v. State

412 So. 2d 917, 1982 Fla. App. LEXIS 19820

District Court of Appeal of Florida | Filed: Apr 14, 1982 | Docket: 64589342

Published

unauthorized after repeal of § 922.05(2)). Section 921.18, Florida Statutes (1979), authorizing indeterminate

Lee v. State

404 So. 2d 860, 1981 Fla. App. LEXIS 21275

District Court of Appeal of Florida | Filed: Oct 16, 1981 | Docket: 64585532

Published

an indeterminate sentence was error, because section 921.18, Fla.Stat. (1979), limits the minimum term

Johnson v. State

399 So. 2d 108, 1981 Fla. App. LEXIS 19989

District Court of Appeal of Florida | Filed: May 29, 1981 | Docket: 64582954

Published

three-year mandatory minimum to apply. See Section 921.18, Florida Statutes (1979). Therefore, appellant’s

Morris v. State

377 So. 2d 835, 1979 Fla. App. LEXIS 15999

District Court of Appeal of Florida | Filed: Dec 19, 1979 | Docket: 64573142

Published

at 36 months to 10 years. (Emphasis supplied). § 921.18 Florida Statutes (1977). Cox v. State, 344 So

Langdon v. State

330 So. 2d 804, 1976 Fla. App. LEXIS 15090

District Court of Appeal of Florida | Filed: Apr 27, 1976 | Docket: 64553449

Published

court abused its discretion in failing to consider § 921.18, Fla.Stat. as a possible alternative sentence

Jackson v. State

318 So. 2d 202, 1975 Fla. App. LEXIS 13803

District Court of Appeal of Florida | Filed: Jul 30, 1975 | Docket: 64548992

Published

indeterminate sentence method authorized by Fla.Stat. § 921.18, with a recommendation for drug rehabilitation

Gibson v. State

315 So. 2d 523, 1975 Fla. App. LEXIS 14287

District Court of Appeal of Florida | Filed: Jul 18, 1975 | Docket: 64548016

Published

discretion sentenced appellant in accordance with Section 921.18, Florida Statutes, which provides in pertinent

State v. Dull

249 So. 2d 758, 1971 Fla. App. LEXIS 6448

District Court of Appeal of Florida | Filed: Jun 29, 1971 | Docket: 64521113

Published

5 Secondly, appellees argue that under F.S. Section 921.18, F.S.A., the trial court could have imposed

DeLoach v. State

232 So. 2d 765, 1970 Fla. App. LEXIS 6859

District Court of Appeal of Florida | Filed: Mar 13, 1970 | Docket: 64513661

Published

assignment is a discussion of the “philosophy” of F.S. § 921.18, F.S.A., the indeterminate punishment statute

Anderson v. Wainwright

158 So. 2d 518

Supreme Court of Florida | Filed: Dec 4, 1963 | Docket: 60217269

Published

against him, the petition should be denied. F.S. Section 921.18-921.23, F.S.A.; Carnley v. Cochran, Fla.1960