Florida Statute 958.04 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 958
YOUTHFUL OFFENDERS

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F.S. 958.04

958.04 Judicial disposition of youthful offenders.—

(1) The court may sentence as a youthful offender any person:

(a) Who is at least 18 years of age or who has been transferred for prosecution to the criminal division of the circuit court pursuant to chapter 985;

(b) Who is found guilty of or who has tendered, and the court has accepted, a plea of nolo contendere or guilty to a crime that is, under the laws of this state, a felony if such crime was committed before the defendant turned 21 years of age; and

(c) Who has not previously been classified as a youthful offender under this act; however, a person who has been found guilty of a capital or life felony may not be sentenced as a youthful offender under this act.

(2) In lieu of other criminal penalties authorized by law and notwithstanding any imposition of consecutive sentences, the court shall dispose of the criminal case as follows:

(a) The court may place a youthful offender under supervision on probation or in a community control program, with or without an adjudication of guilt, under such conditions as the court may lawfully impose for a period of not more than 6 years. Such period of supervision may not exceed the maximum sentence for the offense for which the youthful offender was found guilty.

(b) The court may impose a period of incarceration as a condition of probation or community control, which period of incarceration shall be served in a county facility, a department probation and restitution center, or a community residential facility that is owned and operated by any public or private entity providing such services. A youthful offender may not be required to serve a period of incarceration in a community correctional center as defined in s. 944.026. Admission to a department facility or center shall be contingent upon the availability of bed space and shall take into account the purpose and function of such facility or center. Placement in such a facility or center may not exceed 364 days.

(c) The court may impose a split sentence whereby the youthful offender is to be placed on probation or community control upon completion of any specified period of incarceration; however, if the incarceration period is to be served in a department facility other than a probation and restitution center or community residential facility, such period shall be for not less than 1 year or more than 4 years. The period of probation or community control shall commence immediately upon the release of the youthful offender from incarceration. The period of incarceration imposed or served and the period of probation or community control, when added together, may not exceed 6 years.

(d) The court may commit the youthful offender to the custody of the department for a period of not more than 6 years, provided that any such commitment may not exceed the maximum sentence for the offense for which the youthful offender has been convicted. Successful participation in the youthful offender program by an offender who is sentenced as a youthful offender by the court pursuant to this section, or is classified as such by the department, may result in a recommendation to the court, by the department, for a modification or early termination of probation, community control, or the sentence at any time prior to the scheduled expiration of such term. The department shall adopt rules defining criteria for successful participation in the youthful offender program which shall include program participation, academic and vocational training, and satisfactory adjustment. When a modification of the sentence results in the reduction of a term of incarceration, the court may impose a term of probation or community control which, when added to the term of incarceration, may not exceed the original sentence imposed.

(3) The provisions of this section shall not be used to impose a greater sentence than the permissible sentence range as established by the Criminal Punishment Code pursuant to chapter 921 unless reasons are explained in writing by the trial court judge which reasonably justify departure. A sentence imposed outside of the code is subject to appeal pursuant to s. 924.06 or s. 924.07.

(4) Due to severe prison overcrowding, the Legislature declares the construction of a basic training program facility is necessary to aid in alleviating an emergency situation.

(5) The department shall provide a special training program for staff selected for the basic training program.

History.—s. 5, ch. 78-84; s. 1, ch. 80-321; s. 20, ch. 85-288; s. 1, ch. 87-58; s. 3, ch. 87-110; s. 7, ch. 90-208; s. 11, ch. 90-211; s. 11, ch. 91-225; s. 8, ch. 93-406; s. 101, ch. 94-209; s. 22, ch. 96-312; s. 31, ch. 97-94; s. 36, ch. 97-194; s. 21, ch. 98-204; s. 61, ch. 98-280; s. 7, ch. 2008-250; s. 67, ch. 2019-167.

F.S. 958.04 on Google Scholar

F.S. 958.04 on Casetext

Amendments to 958.04

Arrestable Offenses / Crimes under Fla. Stat. 958.04

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 958.04.

Annotations, Discussions, Cases:

Cases Citing Statute 958.04

Total Results: 20

Walter John Williams v. the State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-09-25

Snippet: sentencing under the Youthful Offender Act, section 958.04, Florida Statutes (1979), for offenses committed

Jordan Cayne Hutchinson v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-09-18

Snippet: eligible for a youthful offender sentence. See § 958.04(1)(b), Fla. Stat. (2018). He also challenges certain

Marquice Emanule Nolan v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-01-31

Snippet: of incarceration and probation to six years. § 958.04(1), (2)(c), Fla. Stat. (2017). If a youthful offender

Eric Demond Parrish v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2022-09-28

Snippet: because he was convicted of a life felony. See § 958.04(1)(c), Fla. Stat.

Marvin Love v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2019-10-30

Snippet: seventeen years old at the time of the offense. § 958.04, Fla. Stat. (2009) (“. . . if the offender is younger

Holly Elizabeth Caudle v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2019-08-16

Snippet: to be guilty of a capital or life felony, see § 958.04(l)(c), Fla. Stat. (2014), Appellant was not convicted

Redden v. State

Court: District Court of Appeal of Florida | Date Filed: 2019-07-26

Citation: 275 So. 3d 1277

Snippet: of a youthful offender disposition under section 958.04, Florida Statutes (2018). If counsel had advised

Redden v. State

Court: District Court of Appeal of Florida | Date Filed: 2019-07-26

Citation: 275 So. 3d 1277

Snippet: of a youthful offender disposition under section 958.04, Florida Statutes (2018). If counsel had advised

Michael Jon Moss v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2019-05-13

Citation: 270 So. 3d 559

Snippet: sentence, but is unavailable for life felonies. § 958.04(1) & (2), Fla. Stat.

Cooper v. State

Court: District Court of Appeal of Florida | Date Filed: 2019-03-29

Citation: 267 So. 3d 558

Snippet: sentenced under the Youthful Offender Act. See § 958.04, Fla. Stat. (2009). The Act subjects an offender

Cooper v. State

Court: District Court of Appeal of Florida | Date Filed: 2019-03-29

Citation: 267 So. 3d 558

Snippet: sentenced under the Youthful Offender Act. See § 958.04, Fla. Stat. (2009). The Act subjects an offender

JOSHUA E WALLACE v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2018-10-24

Citation: 257 So. 3d 1054

Snippet: struggling with Appellant’s 1 See § 921.0026(2)(l); § 958.04, Fla. Stat. (2016). uncle. Appellant responded

Brown v. State

Court: District Court of Appeal of Florida | Date Filed: 2018-10-24

Citation: 260 So. 3d 1101

Snippet: child as a youthful offender under s. 958.04, if appropriate. For purposes of

In RE: AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE-2018 REGULAR-CYCLE REPORT.

Court: Supreme Court of Florida | Date Filed: 2018-10-04

Citation: 265 So. 3d 494

Snippet: a youthful offender in accordance with section 958.04, Florida Statutes. To Be Imprisoned (check

Evan Cook Wilhelm v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2018-08-10

Citation: 253 So. 3d 736

Snippet: charges were filed when Mr. Wilhelm turned 21. See § 958.04(1)(b), Fla. Stat. (authorizing youthful offender

In Re: Amendments to the Florida Rules of Criminal Procedure - 2018 Regular-Cycle Report

Court: Supreme Court of Florida | Date Filed: 2018-07-19

Snippet: a youthful offender in accordance with section 958.04, Florida Statutes. To Be Imprisoned (check one;

Robin Eustache v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2018-07-12

Citation: 248 So. 3d 1097

Snippet: years' probation. Majority op. at 1098-99; see § 958.04, Fla. Stat. (2017). After being on probation for

Evan Cook Wilhelm v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2018-06-04

Snippet: filed when Mr. Wilhelm turned twenty-one. See § 958.04(1)(b), Fla. Stat. (authorizing youthful offender

STATE OF FLORIDA v. JACOB LACKEY

Court: District Court of Appeal of Florida | Date Filed: 2018-06-01

Citation: 248 So. 3d 1222

Snippet: youthful offender designation pursuant to section 958.04, Florida Statutes (2015).1 Mr. Lackey's sentencing

BRITTON BLACKWOOD v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2018-04-11

Citation: 243 So. 3d 417

Snippet: the Youthful Offender Act as amended in 2008. § 958.04(1)(b), Fla. Stat. (2008). However, Appellant asserts