Florida Statutes
Fla. Stat. § 921.18 (2025)
Sentence for indeterminate period for noncapital felony.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 18
cases, 1959–2014 · leading case: Adams v. Culver, 111 So. 2d 665 (Fla. 1959).
Adams v. Culver, 111 So. 2d 665 (Fla. 1959). “" The petitioner plead guilty to the charge, judgment was entered, and he was sentenced under our "indeterminate sentence" statute, § 921.18, Fla. Stat. 1957, F.S.A., to a term of six months to twenty-five years in the state prison.”
Langdon v. State, 330 So. 2d 804 (Fla. 3d DCA 1976). “He appeals and contends that this is an illegal sentence because of the following two reasons: (1) That in imposing sentence, *805 the trial court abused its discretion in failing to consider § 921.18, Fla.Stat. as a possible alternative sentence.”
Cox v. State, 344 So. 2d 1324 (Fla. 2d DCA 1977). “Having determined to give the appellant an "indeterminate sentence" the only lawful sentence allowable under Section 921.18, Florida Statutes was one requiring a minimum of 6 months.”
Brown v. State, 232 So. 2d 55 (Fla. 4th DCA 1970). “, where for conviction of a misdemeanor, one can serve up to 1 year in county jail. Then see F.S. 922.051, F.”
State v. Smith, 360 So. 2d 21 (Fla. 4th DCA 1978). “F.S. 921.18. In view of our disposition reversing the amended sentence for the reason stated, we deem it unnecessary to consider this further.”
State v. Dull, 249 So. 2d 758 (Fla. 2d DCA 1971). ““Whenever any person is convicted of a non-capital felony and the court determines that the defendant should not be placed on probation and should not be fined as the sole punishment, but should be sentenced to a term of confinement, the court within its discretion, in imposing…”
Gibson v. State, 315 So. 2d 523 (Fla. 2d DCA 1975). “It appears that the trial court in its discretion sentenced appellant in accordance with Section 921.18, Florida Statutes, which provides in pertinent part: .”
Lee v. State, 404 So. 2d 860 (Fla. 1st DCA 1981). “Imposition of a two-year minimum term for an indeterminate sentence was error, because section 921.18, Fla.Stat. (1979), limits the minimum term in such cases to six months.”
Carnley v. Cochran, 118 So. 2d 629 (Fla. 1960). “" The sentence imposed by the trial judge in the forgery matter complied strictly with the provisions of Section 921.18, Florida Statutes, 1957 F.”
Johnson v. State, 399 So. 2d 108 (Fla. 3d DCA 1981). “See Section 921.18, Florida Statutes (1979). Therefore, appellant’s sentence is vacated and the case remanded to the trial court for an appropriate sentence in accordance with this opinion.”
Butler v. State, 412 So. 2d 917 (Fla. 5th DCA 1982). “The imposition of an indeterminate sentence upon a misdemeanor conviction constitutes fundamental error because this type of sentence is not authorized by any statutory authority to be imposed as punishment for a misdemeanor.”
Pack v. State, 161 So. 3d 589 (Fla. 2d DCA 2014). “800(a), contending that his sentence is illegal because the only lawful indeterminate sentence under section 921.18, Florida Statutes (1977), required a minimum of six months’ imprisonment.”
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