Florida Statute 921.18 | Lawyer Caselaw & Research

The 2024 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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F.S. 921.18 on Casetext

Amendments to 921.18

Arrestable Offenses / Crimes under Fla. Stat. 921.18

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 921.18.

Annotations, Discussions, Cases:

Cases Citing Statute 921.18

Total Results: 19

Pack v. State

Court: District Court of Appeal of Florida | Date Filed: 2014-12-19

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

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

Kantainis v. State

Court: District Court of Appeal of Florida | Date Filed: 1983-11-08

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

Snippet: conceded by the State to be invalid under Section 921.18, Florida Statutes (1981), see Lee v. State, 404

Gibbs v. State

Court: District Court of Appeal of Florida | Date Filed: 1982-06-30

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

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

Butler v. State

Court: District Court of Appeal of Florida | Date Filed: 1982-04-14

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

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

Lee v. State

Court: District Court of Appeal of Florida | Date Filed: 1981-10-16

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

Snippet: indeterminate sentence was error, because section 921.18, Fla.Stat. (1979), limits the minimum term in such

Johnson v. State

Court: District Court of Appeal of Florida | Date Filed: 1981-05-29

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

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

Bell v. State

Court: District Court of Appeal of Florida | Date Filed: 1980-03-26

Citation: 382 So. 2d 107

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

Morris v. State

Court: District Court of Appeal of Florida | Date Filed: 1979-12-19

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

Snippet: at 36 months to 10 years. (Emphasis supplied). § 921.18 Florida Statutes (1977). Cox v. State, 344 So.2d

State v. Smith

Court: District Court of Appeal of Florida | Date Filed: 1978-05-31

Citation: 360 So. 2d 21

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

Cox v. State

Court: District Court of Appeal of Florida | Date Filed: 1977-04-27

Citation: 344 So. 2d 1324

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

Langdon v. State

Court: District Court of Appeal of Florida | Date Filed: 1976-04-27

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

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

Jackson v. State

Court: District Court of Appeal of Florida | Date Filed: 1975-07-30

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

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

Gibson v. State

Court: District Court of Appeal of Florida | Date Filed: 1975-07-18

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

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

State v. Dull

Court: District Court of Appeal of Florida | Date Filed: 1971-06-29

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

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

DeLoach v. State

Court: District Court of Appeal of Florida | Date Filed: 1970-03-13

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

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

Brown v. State

Court: District Court of Appeal of Florida | Date Filed: 1970-02-12

Citation: 232 So. 2d 55

Snippet: and considering imprisonment only, compare F.S. 921.18, F.S.A., the indeterminate sentence statute, where

Anderson v. Wainwright

Court: Supreme Court of Florida | Date Filed: 1963-12-04

Citation: 158 So. 2d 518

Snippet: him, the petition should be denied. F.S. Section 921.18-921.23, F.S.A.; Carnley v. Cochran, Fla.1960, 118

Carnley v. Cochran

Court: Supreme Court of Florida | Date Filed: 1960-03-11

Citation: 118 So. 2d 629

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

Adams v. Culver

Court: Supreme Court of Florida | Date Filed: 1959-05-08

Citation: 111 So. 2d 665

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