Florida Statute 921.187 | Lawyer Caselaw & Research

The 2024 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 Casetext

Amendments to 921.187

Arrestable Offenses / Crimes under Fla. Stat. 921.187

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 921.187.

Annotations, Discussions, Cases:

Cases Citing Statute 921.187

Total Results: 20

Maxwell v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-04-10T00:00:00-07:00

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

State v. Bryant S. Rivera

Court: Fla. Dist. Ct. App. | Date Filed: 2018-07-02T00:53:00-07:00

Snippet: placing Rivera on a term of probation under section 921.187, Florida Statutes (2017). “The legality of a sentence…placing Rivera on a term of probation. Section 921.187(1)(c), Florida Statutes, provides that the court

State v. Robinson

Court: Fla. Dist. Ct. App. | Date Filed: 2014-06-03T00:00:00-07:00

Citation: 138 So. 3d 1225

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

State v. Herring

Court: Fla. | Date Filed: 2011-10-06T00:00:00-07:00

Citation: 76 So. 3d 891

Snippet: follow this Court’s interpretation of section 921.187(1) and rule 8.203(b) in determining whether Herring

Dufour v. State

Court: Fla. | Date Filed: 2011-08-25T00:00:00-07:00

Citation: 69 So. 3d 235, 2011 WL 320985

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

State v. Messina

Court: Fla. Dist. Ct. App. | Date Filed: 2009-06-10T00:00:00-07:00

Citation: 13 So. 3d 153

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

State v. Tribble

Court: Fla. Dist. Ct. App. | Date Filed: 2008-06-18T00:53:00-07:00

Citation: 984 So. 2d 639

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

State v. Langdon

Court: Fla. Dist. Ct. App. | Date Filed: 2008-04-09T00:53:00-07:00

Citation: 978 So. 2d 263

Snippet: together with the relevant portions of sections 921.187[1] and 893.13[2] both of which reference section… Jones, 813 So.2d at 25 n. 2. Sections 893.13, 921.187, and 948.034 are not mutually exclusive, and when…not reference the other two statutes, sections 921.187 and 893.13. However, statutes having related purposes…sentencing combined with drug abuse control. Section 921.187 (Disposition and sentencing; alternatives; restitution…provide the opportunity for rehabilitation." § 921.187(1), Fla. Stat. Further, in case 04-19230, in which

Ago

Court: Fla. Att'y Gen. | Date Filed: 2001-02-27T23:53:00-08:00

Snippet: cumulative sentences is not more than 1 year"); s. 921.187(1)(a)7., Fla. Stat. (court may sentence the offender

Raulerson v. State

Court: Fla. | Date Filed: 2000-07-13T00:53:00-07:00

Citation: 763 So. 2d 285

Snippet: 1174, 1175 (Fla. 1st DCA 1997); §§ 948.01(2); 921.187(1)(a)3; Fla. Stat. (1997); Fla. R.Crim. P. 3.670

Heggs v. State

Court: Fla. | Date Filed: 2000-02-16T23:53:00-08:00

Citation: 759 So. 2d 620

Snippet: 921 relating to sentencing alternatives (section 921.187). Sections 26-27. These sections amend the gain-time

State v. Keirn

Court: Fla. Dist. Ct. App. | Date Filed: 1998-05-06T00:53:00-07:00

Citation: 720 So. 2d 1085

Snippet: 1174, 1175 (Fla. 1st DCA 1997); §§ 948.01(2); 921.187(1)(a)3; Fla. Stat. (1997); Fla. R.Crim. P. 3.670

State v. Powell

Court: Fla. Dist. Ct. App. | Date Filed: 1997-02-04T23:53:00-08:00

Citation: 696 So. 2d 789

Snippet: sentencing options available at that time. See §§ 921.187, 948.01, Fla. Stat. (1987). In section 948.01(6

Waite v. City of Fort Lauderdale

Court: Fla. Dist. Ct. App. | Date Filed: 1996-10-23T00:53:00-07:00

Citation: 681 So. 2d 901

Snippet: withhold of adjudication with probation. See §§ 921.187(1)(a)3, 948.01, Fla. Stat. (1995); Fla. R.Crim.…Incarceration must be either a condition of probation (§§ 921.187(1)(a), 948.03(6)) or a sentence imposed when there

Martin v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1995-08-25T00:00:00-07:00

Citation: 659 So. 2d 479

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

Perry v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1994-03-11T00:00:00-08:00

Citation: 634 So. 2d 1094

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

Woolridge v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1993-08-25T00:00:00-07:00

Citation: 622 So. 2d 1165

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

Gaskins v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1992-10-12T00:53:00-07:00

Citation: 607 So. 2d 475

Snippet: s sentence is also impermissible under Section 921.187, Florida Statutes (1991). Appellant's probationary… preceded an incarcerative term; under section 921.187 all the probationary terms either follow a term…resentencing in accordance with Poore and section 921.187. KAHN, Judge, concurring. I believe the sentence

Gaskins v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1992-10-12T00:00:00-07:00

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

Snippet: s sentence is also impermissible under Section 921.187, Florida Statutes (1991). Appellant’s probationary… preceded an incarcerative term; under section 921.187 all the probationary terms either follow a term…resentencing in accordance with Poore and section 921.187. . Clem v. State, 462 So.2d 1134 (Fla. 4th DCA1984

Reed v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1992-07-29T00:53:00-07:00

Citation: 603 So. 2d 69

Snippet: assessment and recommendation as provided in section 921.187(1)(b)4, Florida Statutes (1989). The record reflects…recommendation satisfies the requirement of section 921.187(1)(b)4. Therefore we find no error as concerns