Florida Statute 921.231 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 921
SENTENCE

View Entire Chapter

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.

F.S. 921.231 on Google Scholar

F.S. 921.231 on CourtListener

Amendments to 921.231

Annotations, Discussions, Cases:

Cases Citing Statute 921.231

Total Results: 35

Charles William Proffitt v. Louie L. Wainwright, Secretary, Florida Department of Offender Rehabilitation

685 F.2d 1227

Court of Appeals for the Eleventh Circuit | Filed: Sep 17, 1982 | Docket: 595786

Cited 180 times | Published

discretionary in misdemeanor cases. See Fla.Stat.Ann. § 921.-231 (West Supp.1982). This statute did not become

Muhammad v. State

782 So. 2d 343, 2001 WL 40365

Supreme Court of Florida | Filed: Jan 18, 2001 | Docket: 2000672

Cited 152 times | Published

Florida Rule of Criminal Procedure 3.711; (2) section "921.231(1)(g)(I)," Florida Statutes (1995), is unconstitutional

Reese v. State

639 So. 2d 1067, 1994 WL 330318

District Court of Appeal of Florida | Filed: Jul 13, 1994 | Docket: 2564411

Cited 17 times | Published

may contain the offender's prior arrest record. § 921.231(1)(c), Fla. Stat. However, the unsupported speculations

Berben v. State

268 So. 3d 235

District Court of Appeal of Florida | Filed: Apr 12, 2019 | Docket: 64710884

Cited 9 times | Published

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

Thompson v. State

638 So. 2d 116, 1994 WL 236537

District Court of Appeal of Florida | Filed: Jun 3, 1994 | Docket: 1168597

Cited 8 times | Published

receipt and review of a presentence investigation, § 921.231, Fla. Stat. (1993), prior to a sentencing hearing

Jansson v. State

399 So. 2d 1061

District Court of Appeal of Florida | Filed: Jun 17, 1981 | Docket: 1168242

Cited 6 times | Published

investigation, which was prepared in accordance with Section 921.231, Florida Statutes (1979). The presentence investigation

Love v. State

235 So. 3d 1037

District Court of Appeal of Florida | Filed: Jan 12, 2018 | Docket: 60286098

Cited 5 times | Published

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

Huntley v. State

339 So. 2d 194

Supreme Court of Florida | Filed: Nov 4, 1976 | Docket: 1436371

Cited 5 times | Published

because the trial judge directly held invalid Section 921.231, Florida Statutes (Supplement 1974). This statutory

Charles v. State

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

District Court of Appeal of Florida | Filed: Oct 26, 2016 | Docket: 63630498

Cited 4 times | Published

imposing the appropriate sentence for a defendant. § 921.231(l)(c), Fla. Stat. (2010). However, if the Legislature

Dickie v. State

216 So. 3d 35, 2017 WL 913634, 2017 Fla. App. LEXIS 3028

District Court of Appeal of Florida | Filed: Mar 8, 2017 | Docket: 4615268

Cited 3 times | Published

the extent of the victim's loss or injury.’’ § 921.231(l)(n). In many instances, victim loss or injury

Sidney Norvil, Jr. v. State of Florida

191 So. 3d 406, 41 Fla. L. Weekly Supp. 190, 2016 WL 1700529, 2016 Fla. LEXIS 886

Supreme Court of Florida | Filed: Apr 28, 2016 | Docket: 3059070

Cited 3 times | Published

presentencing investigation (PSI) report pursuant to § 921.231(1), Fla. Stat. (2010). The purpose of the PSI

Alvin Davis v. State of Florida

268 So. 3d 958

District Court of Appeal of Florida | Filed: Apr 25, 2019 | Docket: 14995758

Cited 2 times | Published

explanations for his or her criminal activity.” § 921.231(1)(l), Fla. Stat. A defendant’s motivations, ambitions

ANTHONY CHAS PARR v. STATE OF FLORIDA

247 So. 3d 550

District Court of Appeal of Florida | Filed: May 23, 2018 | Docket: 6862857

Cited 2 times | Published

presentence investigation report, noting that under section 921.231(1)(c), Florida Statutes (2010), a court may

Carter v. State

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

District Court of Appeal of Florida | Filed: Apr 26, 2017 | Docket: 60274314

Cited 2 times | Published

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

Pierre Imbert v. State

154 So. 3d 1174, 2015 Fla. App. LEXIS 186, 2015 WL 71824

District Court of Appeal of Florida | Filed: Jan 7, 2015 | Docket: 2621544

Cited 2 times | Published

recognized a number of relevant factors in enacting section 921.231 of the Florida Statutes, which governs presentence

Sarasota Herald Tribune v. Holtzendorf

507 So. 2d 667, 12 Fla. L. Weekly 1204

District Court of Appeal of Florida | Filed: May 8, 1987 | Docket: 1444971

Cited 2 times | Published

not part of the report prepared pursuant to section 921.231, Florida Statutes (1985). Alternatively, Judge

TIMOTHY TURNER v. STATE OF FLORIDA

261 So. 3d 729

District Court of Appeal of Florida | Filed: Dec 19, 2018 | Docket: 8431873

Cited 1 times | Published

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

Cabriano v. State

211 So. 3d 147, 2017 WL 625487, 2017 Fla. App. LEXIS 2060

District Court of Appeal of Florida | Filed: Feb 15, 2017 | Docket: 60262547

Cited 1 times | Published

evidence as a proper sentencing consideration. Section 921.231, Florida Statutes (2013), permits a trial judge

James Robertson v. State of Florida

187 So. 3d 1207, 41 Fla. L. Weekly Supp. 108, 2016 Fla. LEXIS 551, 2016 WL 1053094

Supreme Court of Florida | Filed: Mar 17, 2016 | Docket: 3045367

Cited 1 times | Published

sentence.” 1 Id. at 210. Section 921.231, Florida Statutes (2012), authorizes DOC to

German v. State

27 So. 3d 130, 2010 Fla. App. LEXIS 541, 2010 WL 289183

District Court of Appeal of Florida | Filed: Jan 27, 2010 | Docket: 1665208

Cited 1 times | Published

version and explanation of any previous offenses." § 921.231(1)(d)-(m), Fla. Stat.; see also Fla. R.Crim. P

Johnson v. State

979 So. 2d 1122, 2008 WL 1062685

District Court of Appeal of Florida | Filed: Apr 9, 2008 | Docket: 602511

Cited 1 times | Published

SCHWARTZ, Senior Judge. PER CURIAM. Affirmed. See § 921.231, Fla. Stat. (2005); Huntley v. State, 339 So.2d

Sheffield v. State

580 So. 2d 790, 1991 WL 65353

District Court of Appeal of Florida | Filed: Jun 26, 1991 | Docket: 2529201

Cited 1 times | Published

interview. We find no merit in this argument. Section 921.231(1)(a), Florida Statutes (1989), provides that

Nicholas G. Coullias v. State of Florida

District Court of Appeal of Florida | Filed: Aug 13, 2025 | Docket: 71098304

Published

judge knows the time needed for completion. See § 921.231, Fla. Stat. (“Presentence investigation reports”)

Jules Ducas v. the State of Florida

District Court of Appeal of Florida | Filed: Mar 26, 2025 | Docket: 69793060

Published

presentencing investigation report pursuant to section 921.231(1), Florida Statutes, the purpose of which

DAVID FOX v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Oct 2, 2019 | Docket: 16280858

Published

presentencing investigation (PSI) report pursuant to § 921.231(1), Fla. Stat. (2010). The purpose of the PSI

Berben v. State

268 So. 3d 235

District Court of Appeal of Florida | Filed: Apr 12, 2019 | Docket: 64710885

Published

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

MICHAEL P. GORZYNSKI v. STATE OF FLORIDA

255 So. 3d 990

District Court of Appeal of Florida | Filed: Oct 10, 2018 | Docket: 8015390

Published

of the presentence investigation report. See § 921.231(1), Fla. Stat. (2016) (stating that a full presentence

Johnny M. Brown, Jr. v. State

225 So. 3d 947, 2017 WL 3567497

District Court of Appeal of Florida | Filed: Aug 18, 2017 | Docket: 6143764

Published

interpretation of the Criminal Punishment Code and section 921.231, Florida Statutes, regarding presentence investigation

Andrews v. State

207 So. 3d 889, 2017 Fla. App. LEXIS 89

District Court of Appeal of Florida | Filed: Jan 4, 2017 | Docket: 63631885

Published

Norvil, the Florida Supreme Court looked to section 921.231, Florida Statutes (2010), the statute outlining

Futo Charles v. State of Florida

District Court of Appeal of Florida | Filed: May 31, 2016 | Docket: 3071375

Published

the appropriate sentence for a defendant. § 921.231(1)(c), Fla. Stat. (2010). However, if the

Wiggins v. State

District Court of Appeal of Florida | Filed: Dec 24, 2014 | Docket: 2618728

Published

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

In re Amendments to Florida Rule of Judicial Administration 2.420

124 So. 3d 819, 38 Fla. L. Weekly Supp. 199, 2013 WL 1234993, 2013 Fla. LEXIS 543

Supreme Court of Florida | Filed: Mar 28, 2013 | Docket: 60235570

Published

or—psychiatric evaluations. Fla. R.Crim. F. 3.712.-) -§-§-921.231(l)(i),-948.015(9), Fla, - Stat. (2) Any person-filingThe

Gibson v. State

817 So. 2d 1084, 2002 Fla. App. LEXIS 8231, 2002 WL 1285539

District Court of Appeal of Florida | Filed: Jun 12, 2002 | Docket: 64815555

Published

access to all the information required by Section 921.231, Florida Statutes (1997), which includes, among

McClendon v. State

589 So. 2d 352, 1991 Fla. App. LEXIS 11409, 1991 WL 231793

District Court of Appeal of Florida | Filed: Nov 6, 1991 | Docket: 64663104

Published

preparing the PSI under the provisions of section 921.231, Florida Statutes (Supp.1990). This statute

Johnson v. State

355 So. 2d 857, 1978 Fla. App. LEXIS 15434

District Court of Appeal of Florida | Filed: Mar 7, 1978 | Docket: 64563168

Published

pre-sentence investigation report mandated by Section 921.231, Florida Statutes (1975), and Fla.R.Crim.P