Florida Statutes

Fla. Stat. § 921.187 (2025)

Disposition and sentencing; alternatives; restitution.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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921.187 Disposition and sentencing; alternatives; restitution.—

(1) The alternatives provided in this section for the disposition of criminal cases shall be used in a manner that will best serve the needs of society, punish criminal offenders, and provide the opportunity for rehabilitation. If the offender does not receive a state prison sentence, the court may:

(a) Impose a split sentence whereby the offender is to be placed on probation upon completion of any specified period of such sentence, which period may include a term of years or less.

(b) Make any other disposition that is authorized by law.

(d) Impose a fine and probation pursuant to s. 948.011 when the offense is punishable by both a fine and imprisonment and probation is authorized.

(e) Place the offender into community control requiring intensive supervision and surveillance pursuant to chapter 948.

(f) Impose, as a condition of probation or community control, a period of treatment which shall be restricted to a county facility, a Department of Corrections probation and restitution center, a probation program drug punishment treatment community, or a community residential or nonresidential facility, excluding a community correctional center as defined in s. 944.026, which is owned and operated by any qualified public or private entity providing such services. Before admission to such a facility, the court shall obtain an individual assessment and recommendations on the appropriate treatment needs, which shall be considered by the court in ordering such placements. Placement in such a facility, except for a county residential probation facility, may not exceed 364 days. Placement in a county residential probation facility may not exceed 3 years. Early termination of placement may be recommended to the court, when appropriate, by the center supervisor, the supervising probation officer, or the probation program manager.

(g) Sentence the offender pursuant to s. 922.051 to imprisonment in a county jail when a statute directs imprisonment in a state prison, if the offender’s cumulative sentence, whether from the same circuit or from separate circuits, is not more than 364 days.

(h) Sentence the offender who is to be punished by imprisonment in a county jail to a jail in another county if there is no jail within the county suitable for such prisoner pursuant to s. 950.01.

(i) Require the offender to participate in a work-release or educational or technical training program pursuant to s. 951.24 while serving a sentence in a county jail, if such a program is available.

(j) Require the offender to perform a specified public service pursuant to s. 775.091.

(k) Require the offender who violates chapter 893 or violates any law while under the influence of a controlled substance or alcohol to participate in a substance abuse program.

(l)1. Require the offender who violates any criminal provision of chapter 893 to pay an additional assessment in an amount up to the amount of any fine imposed, pursuant to ss. 938.21 and 938.23.

2. Require the offender who violates any provision of s. 893.13 to pay an additional assessment in an amount of $100, pursuant to ss. 938.055 and 943.361.

(m) Impose a split sentence whereby the offender is to be placed in a county jail or county work camp upon the completion of any specified term of community supervision.

(n) Impose split probation whereby upon satisfactory completion of half the term of probation, the Department of Corrections may place the offender on administrative probation pursuant to s. 948.013 for the remainder of the term of supervision.

(o) Require residence in a state probation and restitution center or private drug treatment program for offenders on community control or offenders who have violated conditions of probation.

(p) Impose any other sanction which is provided within the community and approved as an intermediate sanction by the county public safety coordinating council as described in s. 951.26.

(q) Impose, as a condition of community control, probation, or probation following incarceration, a requirement that an offender who has not obtained a high school diploma or high school equivalency diploma or who lacks basic or functional literacy skills, upon acceptance by an adult education program, make a good faith effort toward completion of such basic or functional literacy skills or high school equivalency diploma, as defined in s. 1003.435, in accordance with the assessed adult general education needs of the individual offender.

(2) The court shall require an offender to make restitution under s. 775.089 unless the court finds clear and compelling reasons not to order such restitution. If the court does not order restitution, or orders restitution of only a portion of the damages, as provided in s. 775.089, the court shall state the reasons on the record in detail. An order requiring an offender to make restitution to a victim under s. 775.089 does not remove or diminish the requirement that the court order payment to the Crimes Compensation Trust Fund under chapter 960.

History.—s. 6, ch. 83-131; s. 6, ch. 84-363; s. 6, ch. 88-96; s. 77, ch. 88-122; s. 5, ch. 88-381; s. 44, ch. 89-526; s. 4, ch. 90-111; s. 8, ch. 90-287; s. 8, ch. 91-225; s. 2, ch. 91-280; s. 3, ch. 92-107; ss. 22, 36, ch. 92-310; s. 6, ch. 93-37; s. 2, ch. 93-59; s. 9, ch. 93-227; s. 5, ch. 94-107; s. 22, ch. 94-342; s. 25, ch. 95-184; s. 27, ch. 96-322; s. 58, ch. 96-388; s. 25, ch. 97-194; s. 38, ch. 97-271; s. 4, ch. 2002-81; s. 1041, ch. 2002-387; s. 2, ch. 2003-142; s. 36, ch. 2004-373; s. 20, ch. 2005-128; s. 1, ch. 2008-250; s. 5, ch. 2010-64; s. 7, ch. 2010-113; s. 2, ch. 2012-125; s. 47, ch. 2016-105; s. 16, ch. 2017-115; s. 134, ch. 2019-167.

Notes of Decisions

Cited in 56 cases (2 in the last 5 years), 1984–2026 · leading case: Carter v. State, 552 So. 2d 203 (Fla. 1st DCA 1989).

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Carter v. State, 552 So. 2d 203 (Fla. 1st DCA 1989). · cites it 9× “" This "probationary split sentence" is not authorized by section 921.187, Florida Statutes (1987), the only legislative authority for a split sentence, and the court's opinion in Poore makes no mention of that statute.”

Glass v. State, 574 So. 2d 1099 (Fla. 1991). · cites it 4× “§ 921.187(1)(g), Fla. Stat. (1989). 948.01 When court may place defendant on probation or into community control.”

Heggs v. State, 759 So. 2d 620 (Fla. 2000). “In theory, section 19 impacts Heggs' three-year minimum sentence terms, see supra note 2, while section 25 amends another portion of chapter 921 relating to sentencing alternatives (section 921.187). Sections 26-27. These sections amend the gain-time and control release…”

Singleton v. State, 582 So. 2d 657 (Fla. 1st DCA 1991). · cites it 5× “Appellant also refers to Section 921.187, Florida Statutes (Supp. 1988), which establishes sentencing alternatives, pointing out that subsection (1)(b) thereof explicitly empowers only the imposition of "a fine and probation pursuant to s.”

Grice v. State, 528 So. 2d 1347 (Fla. 1st DCA 1988). · cites it 3× “Replacing that section, is Section 921.187(2), which provides: The court shall require an offender to make restitution pursuant to s.”

Horner v. State, 597 So. 2d 920 (Fla. 2d DCA 1992). · cites it 6× “§ 921.187, Fla. Stat. (1989). [7] Thus, this condition of probation is appropriate for the first 1-year term of probation.”

Burrell v. State, 483 So. 2d 479 (Fla. 2d DCA 1986). · cites it 3× “We therefore find no error in the trial judge's sentence and affirm. GRIMES, A.C.J., and SCHOONOVER, J., concur.”

State v. Nickerson, 541 So. 2d 725 (Fla. 1st DCA 1989). · cites it 4× “Rather, the defendant was before the trial court for a third time after he had violated the conditions of a second alternative disposition to sentencing, section 921.187, Florida Statutes (1987).”

Williams v. State, 464 So. 2d 1218 (Fla. 1st DCA 1984). · cites it 3× “The Act, among other things, created Section 921.187, Florida Statutes, which provides for alternative forms of disposition and sentencing.”

Glass v. State, 556 So. 2d 465 (Fla. 1st DCA 1990). · cites it 2× “However, the opinion in Poore is so pervasive on the issue of split sentences as to leave us no latitude to vacate the sentence as not being one of the alternatives expressly authorized in section 921.187, Florida Statutes. See Carter v.”

Sanchez v. State, 541 So. 2d 1140 (Fla. 1989). · cites it 2× “, created § 921.187 as part of the "Correctional Reform Act of 1983.”

Dufour v. State, 69 So. 3d 235 (Fla. 2011). “Contrary to the trial court and the majority, nothing within the plain language of section 921.187 or rule 3.203 requires proof as to the causation of deficits in adaptive functioning — only that the defendant has such deficits.”

Show all 56 citing cases →

— 921.187(1) — 6 cases

State v. Herring, 76 So. 3d 891 (Fla. 2011).

Carter v. State, 552 So. 2d 203 (Fla. 1st DCA 1989). “" This "probationary split sentence" is not authorized by section 921.187, Florida Statutes (1987), the only legislative authority for a split sentence, and the court's opinion in Poore makes no mention of that statute.”

Singleton v. State, 582 So. 2d 657 (Fla. 1st DCA 1991). “Appellant also refers to Section 921.187, Florida Statutes (Supp. 1988), which establishes sentencing alternatives, pointing out that subsection (1)(b) thereof explicitly empowers only the imposition of "a fine and probation pursuant to s.”

State v. Langdon, 978 So. 2d 263 (Fla. 4th DCA 2008).

Maxwell v. State of Florida (Fla. 1st DCA 2024).

— 921.187(1)(a) — 2 cases

Waite v. City of Fort Lauderdale, 681 So. 2d 901 (Fla. 4th DCA 1996).

State v. Tribble, 984 So. 2d 639 (Fla. 4th DCA 2008).

— 921.187(1)(b) — 2 cases

Reed v. State, 603 So. 2d 69 (Fla. 4th DCA 1992).

— 921.187(1)(c) — 1 case

State v. Bryant S. Rivera, 249 So. 3d 1314 (Fla. 5th DCA 2018).

— 921.187(1)(d) — 1 case

Horner v. State, 597 So. 2d 920 (Fla. 2d DCA 1992). “§ 921.187, Fla. Stat. (1989). [7] Thus, this condition of probation is appropriate for the first 1-year term of probation.”

— 921.187(1)(e) — 2 cases

Singleton v. State, 554 So. 2d 1162 (Fla. 1990).

Griner v. State, 523 So. 2d 789 (Fla. 5th DCA 1988).

— 921.187(1)(g) — 5 cases

Glass v. State, 574 So. 2d 1099 (Fla. 1991). “§ 921.187(1)(g), Fla. Stat. (1989). 948.01 When court may place defendant on probation or into community control.”

Poore v. State, 503 So. 2d 1282 (Fla. 5th DCA 1987).

Buiey v. State, 583 So. 2d 384 (Fla. 1st DCA 1991).

Porter v. State, 585 So. 2d 399 (Fla. 1st DCA 1991).

— 921.187(2) — 1 case

Grice v. State, 528 So. 2d 1347 (Fla. 1st DCA 1988). “Replacing that section, is Section 921.187(2), which provides: The court shall require an offender to make restitution pursuant to s.”

— 921.187(7) — 5 cases

Burrell v. State, 483 So. 2d 479 (Fla. 2d DCA 1986). “We therefore find no error in the trial judge's sentence and affirm. GRIMES, A.C.J., and SCHOONOVER, J., concur.”

Williams v. State, 464 So. 2d 1218 (Fla. 1st DCA 1984). “The Act, among other things, created Section 921.187, Florida Statutes, which provides for alternative forms of disposition and sentencing.”

Wright v. State, 467 So. 2d 322 (Fla. 1st DCA 1985).

Davidson v. State, 468 So. 2d 263 (Fla. 2d DCA 1985).

Perry v. State, 634 So. 2d 1094 (Fla. 2d DCA 1994).

— 921.187(9) — 1 case

Grice v. State, 528 So. 2d 1347 (Fla. 1st DCA 1988). “Replacing that section, is Section 921.187(2), which provides: The court shall require an offender to make restitution pursuant to s.”

— 921.187(g) — 1 case

Priest v. State, 483 So. 2d 900 (Fla. 1st DCA 1986).

— 921.187(l)(a) — 2 cases

State v. Robinson, 138 So. 3d 1225 (Fla. 1st DCA 2014).

State v. Messina, 13 So. 3d 153 (Fla. 4th DCA 2009).

— 921.187(l)(b)(5) — 1 case

Woolridge v. State, 622 So. 2d 1165 (Fla. 4th DCA 1993).

— 921.187(l)(e) — 1 case

Steiner v. State, 591 So. 2d 1070 (Fla. 2d DCA 1991).

— 921.187(m) — 1 case

Busch v. State, 564 So. 2d 1257 (Fla. 2d DCA 1990).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.