Florida Statute 921.231 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 921
SENTENCE

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F.S. 921.231

921.231 Presentence investigation reports.—

(1) Any circuit court of the state, when the defendant in a criminal case has been found guilty or has entered a plea of nolo contendere or guilty, may refer the case to the Department of Corrections for investigation and recommendation. Upon request of the court, it shall be the duty of the department to make either or both of the following reports in writing to the circuit court at a specified time prior to sentencing, depending upon the circumstances of the offender and the offense. The full report shall include:

(a) A complete description of the situation surrounding the criminal activity with which the offender has been charged, including a synopsis of the trial transcript, if one has been made; nature of the plea agreement including the number of counts waived, the pleas agreed upon, the sentence agreed upon, and additional terms of agreement; and, at the offender’s discretion, his or her version and explanation of the act.

(b) The offender’s sentencing status, including whether the offender is a first offender, habitual offender, or youthful offender or is currently on probation.

(d) The offender’s educational background.

(e) The offender’s employment background, including any military record, his or her present employment status, and his or her occupational capabilities.

(f) The offender’s financial status, including total monthly income and estimated total debts.

(g) The social history of the offender, including his or her family relationships, marital status, interests, and related activities.

(h) The residence history of the offender.

(i) The offender’s medical history and, as appropriate, a psychological or psychiatric evaluation.

(j) Information about the environments to which the offender might return or to which the offender could be sent should a sentence of nonincarceration or community supervision be imposed by the court and consideration of the offender’s plan concerning employment supervision and treatment.

(k) Information about any resources available to assist the offender, such as:

1. Treatment centers.

2. Residential facilities.

3. Vocational training programs.

4. Special education programs.

5. Services that may preclude or supplement commitment to the department.

(l) The views of the person preparing the report as to the offender’s motivations and ambitions and an assessment of the offender’s explanations for his or her criminal activity.

(m) An explanation of the offender’s criminal record, if any, including his or her version and explanation of any previous offenses.

(n) A statement regarding the extent of the victim’s loss or injury.

(o) A recommendation as to disposition by the court. It shall be the duty of the department to make a written determination as to the reasons for its recommendation. The department shall include an evaluation of the following factors:

1. The appropriateness or inappropriateness of community facilities, programs, or services for treatment or supervision.

2. The ability or inability of the department to provide an adequate level of supervision for the offender in the community and a statement of what constitutes an adequate level of supervision.

3. The existence of other treatment modalities which the offender could use but which do not exist at present in the community.

If requested by the court, the department shall also provide to the court a summary report designed to expeditiously give the court information critical to its approval of any plea. The summary report shall include the information required by paragraphs (a), (b), (c), (j), (m), (n), and (o).

(2) In those instances in which a presentence investigation report has been previously compiled, the department may elect to complete a short-form report updating the above information.

(3) All information in the presentence investigation report should be factually presented and verified if reasonably possible by the preparer of the report. On examination at the sentencing hearing, the preparer of the report, if challenged on the issue of verification, shall bear the burden of explaining why it was not possible to verify the challenged information.

(4) The nonconfidential portion of the presentence investigation shall constitute the basic classification and evaluation document of the Department of Corrections and shall contain a recommendation to the court on the treatment program most appropriate to the diagnosed needs of the offender, based upon the offender’s custody classification, rehabilitative requirements, and the utilization of treatment resources in proximity to the offender’s home environment.

History.—s. 8, ch. 74-112; s. 12, ch. 75-49; s. 2, ch. 75-301; s. 18, ch. 77-120; s. 30, ch. 79-3; s. 1, ch. 90-69; s. 1548, ch. 97-102.

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Amendments to 921.231

Arrestable Offenses / Crimes under Fla. Stat. 921.231

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 921.231.

Annotations, Discussions, Cases:

Cases Citing Statute 921.231

Total Results: 20

SHAUN WYRICH v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-09-01T00:00:00-07:00

Snippet: relying upon the clear definitions in sections 921.231(1)(c) and 921.0021(5), Florida Statutes (2010),

DAVID FOX v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2019-10-02T00:53:00-07:00

Snippet: presentencing investigation (PSI) report pursuant to § 921.231(1), Fla. Stat. (2010). The purpose of the PSI report…offender’s prior record of arrests and convictions. § 921.231(1)(c), Fla. Stat. (2010). In other words, by definition…imposing the appropriate sentence for a defendant. § 921.231(1)(c), Fla. Stat. (2010). However, if the Legislature…Further, the defendant argues, because section 921.231(1)(c) does not mention “subsequent convictions

Alvin Davis v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2019-04-25T00:53:00-07:00

Snippet: explanations for his or her criminal activity.” § 921.231(1)(l), Fla. Stat. A defendant’s motivations, ambitions…surrounding the criminal activity,” and so on, id. § 921.231(1)—these factors aid the court in gauging a defendant…Appellant’s prior record as required by law. § 921.231(1)(c), Fla. Stat. (2016). Appellant’s PSI reflects…nature of the offender’s prior record.”); see § 921.231(1)(m) (mandating that presentence investigation…sentencing consideration. See §§ 921.002(1)(d), 921.231(1)(m), Fla. Stat. It was a single, brief, passing

Berben v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2019-04-12T00:00:00-07:00

Citation: 268 So. 3d 235

Snippet: So.3d 147, 149 (Fla. 4th DCA 2017) ; see also § 921.231, Fla. Stat. (2017). The evidence at trial involved

Berben v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2019-04-12T00:00:00-07:00

Citation: 268 So. 3d 235

Snippet: So.3d 147, 149 (Fla. 4th DCA 2017) ; see also § 921.231, Fla. Stat. (2017). The evidence at trial involved

TIMOTHY TURNER v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2018-12-19T00:00:00-08:00

Citation: 261 So. 3d 729

Snippet: § 921.0021(5), Fla. Stat. (2010)); see also § 921.231(1)(c), Fla. Stat. (1998) (providing that a presentence

MICHAEL P. GORZYNSKI v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2018-10-10T00:53:00-07:00

Snippet: of the presentence investigation report. See § 921.231(1), Fla. Stat. (2016) (stating that a full presentence…followed in our district. 1See § 921.231, Fla. Stat. (2016). Mr. Gorzynski was ultimately

ANTHONY CHAS PARR v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2018-05-23T00:00:00-07:00

Citation: 247 So. 3d 550

Snippet: investigation report, noting that under section 921.231(1)(c), Florida Statutes (2010), a court may consider…determining a proper sentence for the defendant. See §§ 921.231(1)(c); 948.015(3), Fla. Stat. (2016). Arrests

Love v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2018-01-12T00:00:00-08:00

Citation: 235 So. 3d 1037

Snippet: with a gang engaged in criminal activity. See § 921.231(g), (j), Fla. Stat. (2015); Crouse v. State, 101

Johnny M. Brown, Jr. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2017-08-18T00:00:00-07:00

Citation: 225 So. 3d 947

Snippet: imposing the appropriate sentence for a defendant. § 921.231(1)(c), Fla. Stat. (2010). However, if the Legislature… I would urge the Legislature to amend section 921.231(1), to include subsequent arrests and their related

Carter v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2017-04-26T00:00:00-07:00

Citation: 226 So. 3d 268, 2017 Fla. App. LEXIS 5786, 2017 WL 1496270

Snippet: permissible factor to consider at sentencing. § 921,231(l)(n), Fla. Stat. (2014). The victim’s suicide

Dickie v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2017-03-08T00:00:00-08:00

Citation: 216 So. 3d 35

Snippet: extent of the victim's loss or injury.’’ § 921.231(l)(n). In many instances, victim loss or injury… 23, 2016). There is no requirement in section 921,231(l)(n) that a victim loss or injury statement in

Cabriano v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2017-02-15T00:00:00-08:00

Citation: 211 So. 3d 147

Snippet: as a proper sentencing consideration. Section 921.231, Florida Statutes (2013), permits a trial judge…the trial transcript, if one has been made.” § 921.231(l)(a). The admission of similar fact evidence at…proper sentencing factors in sections 921.0021 and 921.231, Florida Statutes. Id. This is in contrast to trial

Andrews v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2017-01-04T00:00:00-08:00

Citation: 207 So. 3d 889

Snippet: the offender.” § 921.231(l)(h), Fla. Stat. (2016). *891The wording of subsection 921.231(l)(h) is plain …Norvil, the Florida Supreme Court looked to section 921.231, Florida Statutes (2010), the statute outlining

Charles v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-10-26T00:00:00-07:00

Citation: 204 So. 3d 63, 2016 Fla. App. LEXIS 15940

Snippet: imposing the appropriate sentence for a defendant. § 921.231(l)(c), Fla. Stat. (2010). However, if the Legislature…consider in sentencing an individual defendant. § 921.231(1), Fla. Stat. (2014). If the Legislature had intended

Futo Charles v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2016-05-31T00:53:00-07:00

Snippet: appropriate sentence for a defendant. § 921.231(1)(c), Fla. Stat. (2010). However, if the…consider in sentencing an individual defendant. § 921.231(1). If the Legislature had intended to include

Sidney Norvil, Jr. v. State of Florida

Court: Fla. | Date Filed: 2016-04-28T00:00:00-07:00

Citation: 191 So. 3d 406

Snippet: presentencing investigation (PSI) report pursuant to § 921.231(1), Fla. Stat. (2010). The purpose of the PSI …’s prior record of arrests and convictions. § 921.231(1)(c), Fla. Stat. (2010). In other words, by definition…imposing the appropriate sentence for a defendant. § 921.231(1)(c), Fla. Stat. (2010). However, if the Legislature…Investigation Report (PSI) prepared pursuant to section 921.231, Florida Statutes (2010). This line of reasoning…whether or not a PSI will be prepared. Section 921.231 does not require any sentencing judge to make use

James Robertson v. State of Florida

Court: Fla. | Date Filed: 2016-03-17T00:00:00-07:00

Citation: 187 So. 3d 1207

Snippet: ” 1 Id. at 210. Section 921.231, Florida Statutes (2012), authorizes DOC to conduct…PSI under rule 3.710(b), the factors in section 921.231(l)(o) do not apply. By their plain language, these… Id, at 200. 2 . Section 921,231(l)(o) provides in relevant part as follows:

Pierre Imbert v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2015-01-07T00:00:00-08:00

Citation: 154 So. 3d 1174

Snippet: number of relevant factors in enacting section 921.231 of the Florida Statutes, which governs presentence…presentence investigation reports. See § 921.231, Fla. Stat. Subsection (1) lists the factors that…’s prior record of arrests and convictions.” § 921.231(1), Fla. Stat. Against this legislative backdrop

Wiggins v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2014-12-23T23:53:00-08:00

Snippet: , including 2 See Fla. R. Crim. P. 3.710(a) § 921.231(1), Fla. Stat. (2013) (providing circuit court