Florida Statute 921.187 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 921
SENTENCE

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F.S. 921.187

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.

F.S. 921.187 on Google Scholar

F.S. 921.187 on CourtListener

Amendments to 921.187

Annotations, Discussions, Cases:

Cases Citing Statute 921.187

Total Results: 58

Heggs v. State

759 So. 2d 620, 2000 WL 178052

Supreme Court of Florida | Filed: Feb 17, 2000 | Docket: 1421324

Cited 311 times | Published

chapter 921 relating to sentencing alternatives (section 921.187). Sections 26-27. These sections amend the

Dufour v. State

69 So. 3d 235, 2011 WL 320985

Supreme Court of Florida | Filed: Aug 25, 2011 | Docket: 2356258

Cited 16 times | Published

majority, nothing within the plain language of section 921.187 or rule 3.203 requires proof as to the causation

Gaskins v. State

607 So. 2d 475, 1992 WL 277243

District Court of Appeal of Florida | Filed: Oct 12, 1992 | Docket: 531131

Cited 13 times | Published

appellant's sentence is also impermissible under Section 921.187, Florida Statutes (1991). Appellant's probationary

Sanchez v. State

541 So. 2d 1140, 1989 WL 27662

Supreme Court of Florida | Filed: Mar 23, 1989 | Docket: 77729

Cited 10 times | Published

withhold the adjudication of guilt." Finally, section 921.187[2] provides: "(1) The following alternatives

Porter v. State

585 So. 2d 399, 1991 WL 167287

District Court of Appeal of Florida | Filed: Aug 27, 1991 | Docket: 1293873

Cited 9 times | Published

WENTWORTH, Senior Judge, concur. NOTES [1] Section 921.187(1)(g), F.S. (1989); Glass v. State, 574 So

Glass v. State

574 So. 2d 1099, 1991 WL 16326

Supreme Court of Florida | Filed: Feb 7, 1991 | Docket: 1437325

Cited 9 times | Published

DISPOSITION IN THE SENTENCING ALTERNATIVES OF SECTION 921.187, FLORIDA STATUTES? Id. at 467. We have jurisdiction

Griner v. State

523 So. 2d 789, 1988 WL 34670

District Court of Appeal of Florida | Filed: Apr 21, 1988 | Docket: 1517217

Cited 9 times | Published

county jail as a sentence alternative under section 921.187(1)(e) and section 922.051, Florida Statutes

Poore v. State

503 So. 2d 1282, 12 Fla. L. Weekly 450

District Court of Appeal of Florida | Filed: Feb 5, 1987 | Docket: 1453615

Cited 9 times | Published

control in lieu of probation. Since 1983, section 921.187(1)(g), Florida Statutes, also authorizes split

Buiey v. State

583 So. 2d 384, 1991 WL 138142

District Court of Appeal of Florida | Filed: Jul 23, 1991 | Docket: 1284165

Cited 8 times | Published

sentence is an authorized disposition under Section 921.187(1)(g), Florida Statutes. We also affirm as

Glass v. State

556 So. 2d 465, 1990 WL 7623

District Court of Appeal of Florida | Filed: Jan 31, 1990 | Docket: 542581

Cited 8 times | Published

of the alternatives expressly authorized in section 921.187, Florida Statutes. See Carter v. State, 552

Grice v. State

528 So. 2d 1347, 1988 WL 81553

District Court of Appeal of Florida | Filed: Aug 8, 1988 | Docket: 1717648

Cited 8 times | Published

Statutes. In 1984, the Legislature eliminated Section 921.187(9), Florida Statutes, which gave the trial

Johnson v. State

574 So. 2d 222, 1991 WL 6004

District Court of Appeal of Florida | Filed: Jan 24, 1991 | Docket: 1437311

Cited 7 times | Published

2d 689 (Fla. 5th DCA 1987)) but because of section 921.187 which catalogs all statutory sentencing alternatives

Burrell v. State

483 So. 2d 479, 11 Fla. L. Weekly 442

District Court of Appeal of Florida | Filed: Feb 12, 1986 | Docket: 2509251

Cited 7 times | Published

legislature also reinstated true split sentences. § 921.187(7), Fla. Stat. (1983). Although Burrell's offense

Ferguson v. State

594 So. 2d 864, 1992 WL 41469

District Court of Appeal of Florida | Filed: Mar 6, 1992 | Docket: 1485513

Cited 6 times | Published

type of conditional or suspended sentence in section 921.187, Florida Statutes (1987).[5] In Bryant v. State

Singleton v. State

582 So. 2d 657, 1991 WL 103455

District Court of Appeal of Florida | Filed: Jun 13, 1991 | Docket: 1363181

Cited 5 times | Published

of imprisonment. Appellant also refers to Section 921.187, Florida Statutes (Supp. 1988), which establishes

Williams v. State

464 So. 2d 1218, 10 Fla. L. Weekly 673

District Court of Appeal of Florida | Filed: Dec 20, 1984 | Docket: 1661361

Cited 5 times | Published

(1983). The Act, among other things, created Section 921.187, Florida Statutes, which provides for alternative

State v. Tribble

984 So. 2d 639, 2008 WL 2436154

District Court of Appeal of Florida | Filed: Jun 18, 2008 | Docket: 1686120

Cited 4 times | Published

result in this case is controlled by statute. Section 921.187(1)(a)3., Florida Statutes (2006), provides

Reed v. State

603 So. 2d 69, 1992 WL 175079

District Court of Appeal of Florida | Filed: Jul 29, 1992 | Docket: 1475837

Cited 4 times | Published

assessment and recommendation as provided in section 921.187(1)(b)4, Florida Statutes (1989). The record

Carter v. State

552 So. 2d 203, 1989 WL 67443

District Court of Appeal of Florida | Filed: Jun 6, 1989 | Docket: 1201182

Cited 4 times | Published

"probationary split sentence" is not authorized by section 921.187, Florida Statutes (1987), the only legislative

Horner v. State

597 So. 2d 920, 1992 WL 81074

District Court of Appeal of Florida | Filed: Apr 24, 1992 | Docket: 1704775

Cited 3 times | Published

a restitution center may not exceed 364 days. § 921.187, Fla. Stat. (1989).[7] Thus, this condition of

Sumter v. State

570 So. 2d 1039, 1990 WL 181559

District Court of Appeal of Florida | Filed: Nov 21, 1990 | Docket: 1704070

Cited 3 times | Published

DISPOSITION IN THE SENTENCING ALTERNATIVES OF SECTION 921.187, FLORIDA STATUTES? Appellant's complaint regarding

Buckley v. State

558 So. 2d 534, 1990 WL 35924

District Court of Appeal of Florida | Filed: Mar 29, 1990 | Docket: 256912

Cited 3 times | Published

disposition in the sentencing alternatives of section 921.187, Florida Statutes? SHIVERS, C.J., and WIGGINTON

State v. Nickerson

541 So. 2d 725, 1989 WL 32659

District Court of Appeal of Florida | Filed: Apr 6, 1989 | Docket: 1516560

Cited 3 times | Published

second alternative disposition to sentencing, section 921.187, Florida Statutes (1987). Likewise, Nickerson

Thompson v. State

485 So. 2d 42, 11 Fla. L. Weekly 694

District Court of Appeal of Florida | Filed: Mar 20, 1986 | Docket: 1275905

Cited 3 times | Published

to the extent of punishment and sentence. Section 921.187, Florida Statutes (1985), sets forth various

Cigelski v. State

470 So. 2d 46, 10 Fla. L. Weekly 1234

District Court of Appeal of Florida | Filed: May 16, 1985 | Docket: 1676539

Cited 3 times | Published

probation occurred prior to the effective date of § 921.187, Fla. Stat. (1983) and any split sentence imposed

Brown v. State

460 So. 2d 427

District Court of Appeal of Florida | Filed: Nov 15, 1984 | Docket: 1765897

Cited 3 times | Published

Correctional Reform Act of 1983. The Act created section 921.187, Florida Statutes, which reads in part as follows:

State v. Herring

76 So. 3d 891, 36 Fla. L. Weekly Supp. 585, 2011 Fla. LEXIS 2355, 2011 WL 4596686

Supreme Court of Florida | Filed: Oct 6, 2011 | Docket: 60304597

Cited 2 times | Published

obligated to follow this Court’s interpretation of section 921.187(1) and rule 8.203(b) in determining whether

State v. Langdon

978 So. 2d 263, 2008 WL 942045

District Court of Appeal of Florida | Filed: Apr 9, 2008 | Docket: 444994

Cited 2 times | Published

sentencing combined with drug abuse control. Section 921.187 (Disposition and sentencing; alternatives;

Schesny v. State

564 So. 2d 640, 1990 WL 110275

District Court of Appeal of Florida | Filed: Aug 2, 1990 | Docket: 2586696

Cited 2 times | Published

DISPOSITION IN THE SENTENCING ALTERNATIVES OF SECTION 921.187, FLORIDA STATUTES? AFFIRMED. BOOTH and SMITH

State v. Messina

13 So. 3d 153, 2009 Fla. App. LEXIS 7293, 2009 WL 1606028

District Court of Appeal of Florida | Filed: Jun 10, 2009 | Docket: 374046

Cited 1 times | Published

result in this case is controlled by statute. Section 921.187(1)(a)3., Florida Statutes (2006), provides

Betsey v. State

558 So. 2d 202, 1990 WL 32442

District Court of Appeal of Florida | Filed: Mar 21, 1990 | Docket: 2584066

Cited 1 times | Published

disposition in the sentencing alternatives of section 921.187, Florida Statutes? SHIVERS, C.J., and WIGGINTON

Maxwell v. State of Florida

District Court of Appeal of Florida | Filed: Apr 10, 2024 | Docket: 68422842

Published

the case without a jury.” (emphasis supplied)); § 921.187(1), Fla. Stat. (authorizing probation as component

State v. Bryant S. Rivera

249 So. 3d 1314

District Court of Appeal of Florida | Filed: Jul 2, 2018 | Docket: 7427982

Published

placing Rivera on a term of probation under section 921.187, Florida Statutes (2017). “The legality of

State v. Robinson

138 So. 3d 1225, 2014 WL 2500638, 2014 Fla. App. LEXIS 8387

District Court of Appeal of Florida | Filed: Jun 3, 2014 | Docket: 60240546

Published

probation during the period of suspension. See § 921.187(l)(a), Fla. Stat. (2011) (providing the court

Martin v. State

659 So. 2d 479, 1995 Fla. App. LEXIS 9008, 1995 WL 502159

District Court of Appeal of Florida | Filed: Aug 25, 1995 | Docket: 64758374

Published

school equivalency diploma in accordance with F.S. 921.187, or attend vocational training, and/or obtain

Perry v. State

634 So. 2d 1094, 1994 Fla. App. LEXIS 1957, 1994 WL 72081

District Court of Appeal of Florida | Filed: Mar 11, 1994 | Docket: 64747591

Published

committed prior to 1983, despite the enactment of section 921.187(7), Florida Statutes (1983), which allows split

Woolridge v. State

622 So. 2d 1165, 1993 Fla. App. LEXIS 8826, 1993 WL 321012

District Court of Appeal of Florida | Filed: Aug 25, 1993 | Docket: 64698266

Published

jail, the maximum period permissible under section 921.187(l)(b)(5), Florida Statutes (1991). GLICKSTEIN

Gaskins v. State

607 So. 2d 475, 1992 Fla. App. LEXIS 10606

District Court of Appeal of Florida | Filed: Oct 12, 1992 | Docket: 64671019

Published

appellant’s sentence is also impermissible under Section 921.187, Florida Statutes (1991). Appellant’s probationary

State v. Buchanan

596 So. 2d 1294, 1992 Fla. App. LEXIS 4737, 1992 WL 86071

District Court of Appeal of Florida | Filed: May 1, 1992 | Docket: 64666685

Published

State, 430 So.2d 537 (Fla. 5th DCA 1983); and section 921.187, Florida Statutes.

Steiner v. State

591 So. 2d 1070, 1991 WL 279434

District Court of Appeal of Florida | Filed: Dec 27, 1991 | Docket: 64664430

Published

under those circumstances would be illegal. See § 921.187(l)(e).

Betsey v. State

576 So. 2d 705, 16 Fla. L. Weekly Supp. 195, 1991 Fla. LEXIS 403, 1991 WL 25376

Supreme Court of Florida | Filed: Feb 28, 1991 | Docket: 64657417

Published

disposition in the sentencing alternatives of section 921.187, Florida Statutes? Id. at 202.1 In Glass v

Schesny v. State

575 So. 2d 654, 16 Fla. L. Weekly Supp. 195, 1991 Fla. LEXIS 356, 1991 WL 25372

Supreme Court of Florida | Filed: Feb 28, 1991 | Docket: 64656848

Published

DISPOSITION IN THE SENTENCING ALTERNATIVES OF SECTION 921.187, FLORIDA STATUTES? Id. at 640-41.1 In Glass

Chambers v. State

569 So. 2d 933, 1990 Fla. App. LEXIS 8784, 1990 WL 178634

District Court of Appeal of Florida | Filed: Nov 16, 1990 | Docket: 64654338

Published

disposition in the sentencing alternatives of section 921.187, Florida Statutes? AFFIRMED. SMITH and NIMMONS

Masslino v. State

569 So. 2d 520, 1990 Fla. App. LEXIS 8552, 1990 WL 175072

District Court of Appeal of Florida | Filed: Nov 9, 1990 | Docket: 64654258

Published

DISPOSITION IN THE SENTENCING ALTERNATIVES OF SECTION 921.187, FLORIDA STATUTES? ERVIN, BOOTH and BARFIELD

Hicks v. State

568 So. 2d 1355, 1990 Fla. App. LEXIS 8580, 1990 WL 175060

District Court of Appeal of Florida | Filed: Nov 8, 1990 | Docket: 64654188

Published

disposition in the sentencing alternatives of section 921.187, Florida Statutes? ERVIN and BOOTH, JJ., concur

Alexander v. State

568 So. 2d 1341, 1990 Fla. App. LEXIS 8407, 1990 WL 168328

District Court of Appeal of Florida | Filed: Oct 31, 1990 | Docket: 64654171

Published

DISPOSITION IN THE SENTENCING ALTERNATIVES OF SECTION 921.187, FLORIDA STATUTES? REVERSED and REMANDED in

Mickens v. State

568 So. 2d 947, 1990 Fla. App. LEXIS 7014, 1990 WL 133212

District Court of Appeal of Florida | Filed: Sep 12, 1990 | Docket: 64653876

Published

DISPOSITION IN THE SENTENCE ALTERNATIVES OF SECTION 921.187, FLORIDA STATUTES? We hereby certify that same

Messina v. State

563 So. 2d 194, 1990 Fla. App. LEXIS 4518, 1990 WL 85451

District Court of Appeal of Florida | Filed: Jun 25, 1990 | Docket: 64651194

Published

disposition in the sentencing alternatives of section 921.187, Florida Statutes?

Reynolds v. State

558 So. 2d 127, 1990 Fla. App. LEXIS 1573, 1990 WL 25946

District Court of Appeal of Florida | Filed: Mar 9, 1990 | Docket: 64648766

Published

DISPOSITION IN THE SENTENCING ALTERNATIVES OF SECTION 921.187, FLORIDA STATUTES?

Thomas v. State

558 So. 2d 129, 1990 Fla. App. LEXIS 1463, 1990 WL 25949

District Court of Appeal of Florida | Filed: Mar 9, 1990 | Docket: 64648767

Published

DISPOSITION IN THE SENTENCING ALTERNATIVES OF SECTION 921.187, FLORIDA STATUTES?

Jones v. State

558 So. 2d 116, 1990 Fla. App. LEXIS 1480, 1990 WL 25958

District Court of Appeal of Florida | Filed: Mar 7, 1990 | Docket: 64648764

Published

DISPOSITION IN THE SENTENCING ALTERNATIVES OF SECTION 921.187, FLORIDA STATUTES?

Ray v. State

556 So. 2d 495, 1990 Fla. App. LEXIS 709, 1990 WL 7637

District Court of Appeal of Florida | Filed: Feb 6, 1990 | Docket: 64647990

Published

and affirm Ray’s sentence. Though neither section 921.187, Florida Statutes, nor section 948.01 expressly

McCoy v. State

513 So. 2d 778, 12 Fla. L. Weekly 2395, 1987 Fla. App. LEXIS 12270

District Court of Appeal of Florida | Filed: Oct 12, 1987 | Docket: 64629987

Published

community control provided as punishment under § 921.187, Fla.Stat. Since a defendant under community control

Priest v. State

483 So. 2d 900, 11 Fla. L. Weekly 572, 1986 Fla. App. LEXIS 6719

District Court of Appeal of Florida | Filed: Mar 7, 1986 | Docket: 64617572

Published

imposed a split sentence within the meaning of section 921.187(g), and that the sentence must be modified

Smith v. State

466 So. 2d 1224, 10 Fla. L. Weekly 961, 1985 Fla. App. LEXIS 13435

District Court of Appeal of Florida | Filed: Apr 10, 1985 | Docket: 64611184

Published

imposing a split sentence, is also without merit. § 921.187, Fla.Stat. (1983); Brown v. State, 460 So.2d 427

Davidson v. State

468 So. 2d 263, 10 Fla. L. Weekly 487, 1985 Fla. App. LEXIS 12555

District Court of Appeal of Florida | Filed: Feb 22, 1985 | Docket: 64611723

Published

Probation Commission, 396 So.2d 1107 (Fla.1981). Section 921.187(7), Florida Statutes (1983), is not applicable

Wright v. State

467 So. 2d 322, 10 Fla. L. Weekly 991, 1985 Fla. App. LEXIS 12331

District Court of Appeal of Florida | Filed: Feb 12, 1985 | Docket: 64611342

Published

exceeds one year. In 1983 the legislature enacted § 921.187(7), Fla.Stat., which provides that a court may

Andrews v. State

462 So. 2d 18, 9 Fla. L. Weekly 2126, 1984 Fla. App. LEXIS 15287

District Court of Appeal of Florida | Filed: Oct 5, 1984 | Docket: 64609224

Published

rehearing, the state has called our attention to section 921.187, Florida Statutes (1983), which provides in