Florida Statutes

Fla. Stat. § 958.04 (2025)

Judicial disposition of youthful offenders.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 302 cases (15 in the last 5 years), 1980–2026 · leading case: Jermaine C. Jackson v. State of Florida, 191 So. 3d 423 (Fla. 2016).

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Jermaine C. Jackson v. State of Florida, 191 So. 3d 423 (Fla. 2016). · cites it 36× “800(b)(2) motion to correct certain costs imposed against him; (4) section 958.04 (1)(b), Florida Statutes (2008), Florida’s Youthful Offender Act, violates equal protection and due process.”

Robin Eustache v. State of Florida, 248 So. 3d 1097 (Fla. 2018). · cites it 16× “at 2-3; see § 958.04, Fla. Stat. (2017). After being on probation for more than one year and successfully completing all probation tasks and paying all probation costs, - 11 - Eustache violated his probation.”

State v. Goodson, 403 So. 2d 1337 (Fla. 1981). · cites it 16× “Within section 958.04, there are two types of statutory prerequisites: the eligibility requirements in subsection (1) and the disqualification requirements in subsection (2).”

Christian v. State, 84 So. 3d 437 (Fla. 5th DCA 2012). · cites it 13× “This is the age requirement in the current version of the Youthful Offender Act. Under the earlier version, eligibility for youthful offender sentencing was determined based upon the age of the defendant at the time of the offense.”

Goodson v. State, 392 So. 2d 1335 (Fla. 1st DCA 1980). · cites it 16× “Is a child charged by indictment considered "transferred for prosecution to the criminal division of the circuit court pursuant to chapter 39" so as to qualify for youthful offender classification under section 958.04(1)(a), Florida Statutes (Supp.”

Jackson v. State, 137 So. 3d 470 (Fla. 4th DCA 2014). · cites it 16× “; § 958.04(1), Fla. Stat. The express legislative intent of the Youthful Offender Act is “to improve the chances of correction and successful return to the community of youthful offenders sentenced to imprisonment by providing them with enhanced vocational, educational,…”

Lee v. State, 679 So. 2d 1158 (Fla. 1996). · cites it 18× “80-321, § 1, at 1388, Laws of Fla. It is clear that under the 1980 version, the judge was only required to consider whether or not to sentence a defendant meeting the statutory requirements as a youthful offender, using the enumerated factors.”

Blacker v. State, 49 So. 3d 785 (Fla. 4th DCA 2010). · cites it 7× “1st DCA 1995) (“once a defendant is sentenced under the provisions of section 958.04, a court may not reclassify the defendant and sentence him or her in a manner inconsistent with section 958.”

Yegge v. State, 186 So. 3d 553 (Fla. 2d DCA 2015). · cites it 14× “14 states that a violation of probation shall subject the youthful offender to sentencing under the general violation statute, section 948.”

Johnson v. State, 574 So. 2d 222 (Fla. 5th DCA 1991). · cites it 11× “[1] As to the two offenses involved, the defendant was not originally given split sentences as permitted by section 958.04(2)(c), Florida Statutes. He was given straight sentences of incarceration as to both offenses.”

Kepner v. State, 577 So. 2d 576 (Fla. 1991). · cites it 12× “Among the 1985 amendments to the Florida Youthful Offender Act, subsection (3) was added to section 958.04 to read as follows: (3) The provisions of this section shall not be used to impose a greater sentence than the maximum recommended range as established by statewide…”

Eustache v. State, 199 So. 3d 484 (Fla. 4th DCA 2016). · cites it 11× “” § 958.04(2), Fla. Stat. (2005). The most significant benefit to being sentenced as a youthful offender is a cap on the initial sentence of either six years or the maximum sentence for the offense, whichever is less, with regards to incarceration, supervision on probation or…”

Show all 302 citing cases →

— 958.04(1) — 34 cases

Postell v. State, 383 So. 2d 1159 (Fla. 3d DCA 1980).

Robin Eustache v. State of Florida, 248 So. 3d 1097 (Fla. 2018). “at 2-3; see § 958.04, Fla. Stat. (2017). After being on probation for more than one year and successfully completing all probation tasks and paying all probation costs, - 11 - Eustache violated his probation.”

Christian v. State, 84 So. 3d 437 (Fla. 5th DCA 2012). “This is the age requirement in the current version of the Youthful Offender Act. Under the earlier version, eligibility for youthful offender sentencing was determined based upon the age of the defendant at the time of the offense.”

Jackson v. State, 137 So. 3d 470 (Fla. 4th DCA 2014). “; § 958.04(1), Fla. Stat. The express legislative intent of the Youthful Offender Act is “to improve the chances of correction and successful return to the community of youthful offenders sentenced to imprisonment by providing them with enhanced vocational, educational,…”

Clem v. State, 462 So. 2d 1134 (Fla. 4th DCA 1984).

— 958.04(1)(a) — 8 cases

State v. Goodson, 403 So. 2d 1337 (Fla. 1981). “Within section 958.04, there are two types of statutory prerequisites: the eligibility requirements in subsection (1) and the disqualification requirements in subsection (2).”

Goodson v. State, 392 So. 2d 1335 (Fla. 1st DCA 1980). “Is a child charged by indictment considered "transferred for prosecution to the criminal division of the circuit court pursuant to chapter 39" so as to qualify for youthful offender classification under section 958.04(1)(a), Florida Statutes (Supp.”

State v. King, 426 So. 2d 12 (Fla. 1982).

Duke v. State, 541 So. 2d 1170 (Fla. 1989).

State v. Gibron, 478 So. 2d 475 (Fla. 2d DCA 1985).

— 958.04(1)(b) — 10 cases

Jermaine C. Jackson v. State of Florida, 191 So. 3d 423 (Fla. 2016). “800(b)(2) motion to correct certain costs imposed against him; (4) section 958.04 (1)(b), Florida Statutes (2008), Florida’s Youthful Offender Act, violates equal protection and due process.”

Trenary v. State, 453 So. 2d 1132 (Fla. 2d DCA 1984).

Williams v. State, 405 So. 2d 436 (Fla. 1st DCA 1981).

— 958.04(1)(c) — 18 cases

State v. Hicks, 545 So. 2d 952 (Fla. 3d DCA 1989).

Beatrice v. State, 832 So. 2d 972 (Fla. 4th DCA 2003).

Hill v. State, 434 So. 2d 974 (Fla. 5th DCA 1983).

Louissaint v. State, 727 So. 2d 403 (Fla. 3d DCA 1999).

— 958.04(2) — 66 cases

Lee v. State, 679 So. 2d 1158 (Fla. 1996). “80-321, § 1, at 1388, Laws of Fla. It is clear that under the 1980 version, the judge was only required to consider whether or not to sentence a defendant meeting the statutory requirements as a youthful offender, using the enumerated factors.”

Eustache v. State, 199 So. 3d 484 (Fla. 4th DCA 2016). “” § 958.04(2), Fla. Stat. (2005). The most significant benefit to being sentenced as a youthful offender is a cap on the initial sentence of either six years or the maximum sentence for the offense, whichever is less, with regards to incarceration, supervision on probation or…”

— 958.04(2)(9) — 3 cases

Abram v. State, 405 So. 2d 992 (Fla. 1st DCA 1981).

Abram v. State, 408 So. 2d 215 (Fla. 1981).

State v. Humphry, 408 So. 2d 222 (Fla. 1981).

— 958.04(2)(a) — 25 cases

Therrien v. State, 914 So. 2d 942 (Fla. 2005).

Killian v. State, 387 So. 2d 385 (Fla. 2d DCA 1980).

— 958.04(2)(a)(b) — 1 case

Kniebes v. State, 391 So. 2d 743 (Fla. 4th DCA 1980).

— 958.04(2)(a)(c)(d) — 1 case

White v. State, 828 So. 2d 491 (Fla. 1st DCA 2002).

— 958.04(2)(b) — 31 cases

Thomas v. State, 825 So. 2d 1032 (Fla. 1st DCA 2002).

Blaxton v. State, 868 So. 2d 620 (Fla. 2d DCA 2004).

Lawson v. State, 845 So. 2d 986 (Fla. 1st DCA 2003).

Holmes v. State, 899 So. 2d 432 (Fla. 3d DCA 2005).

Lamore v. State, 86 So. 3d 546 (Fla. 2d DCA 2012).

— 958.04(2)(c) — 33 cases

Collado v. State, 776 So. 2d 355 (Fla. 3d DCA 2001).

Holmes v. State, 899 So. 2d 432 (Fla. 3d DCA 2005).

Johnson v. State, 574 So. 2d 222 (Fla. 5th DCA 1991). “[1] As to the two offenses involved, the defendant was not originally given split sentences as permitted by section 958.04(2)(c), Florida Statutes. He was given straight sentences of incarceration as to both offenses.”

Edwards v. State, 830 So. 2d 141 (Fla. 5th DCA 2002).

— 958.04(2)(d) — 23 cases

Blacker v. State, 49 So. 3d 785 (Fla. 4th DCA 2010). “1st DCA 1995) (“once a defendant is sentenced under the provisions of section 958.04, a court may not reclassify the defendant and sentence him or her in a manner inconsistent with section 958.”

State v. Arnette, 604 So. 2d 482 (Fla. 1992).

Mendez v. State, 835 So. 2d 348 (Fla. 4th DCA 2003).

— 958.04(2)(e) — 2 cases

Irizarry v. State, 578 So. 2d 711 (Fla. 3d DCA 1991).

Goelz v. State, 937 So. 2d 1237 (Fla. 4th DCA 2006).

— 958.04(2Xa) — 1 case

Durden v. State, 407 So. 2d 1003 (Fla. 5th DCA 1981).

— 958.04(3) — 24 cases

Kepner v. State, 577 So. 2d 576 (Fla. 1991). “Among the 1985 amendments to the Florida Youthful Offender Act, subsection (3) was added to section 958.04 to read as follows: (3) The provisions of this section shall not be used to impose a greater sentence than the maximum recommended range as established by statewide…”

State v. Betancourt, 552 So. 2d 1107 (Fla. 1989).

State v. Weston, 510 So. 2d 1001 (Fla. 3d DCA 1987).

State v. Diers, 532 So. 2d 1271 (Fla. 1988).

— 958.04(3)(f) — 1 case

— 958.04(4) — 2 cases

Baker v. State, 705 So. 2d 76 (Fla. 1st DCA 1997).

— 958.04(4)(c) — 1 case

Bivins v. Makemson, 567 So. 2d 45 (Fla. 4th DCA 1990).

— 958.04(4)(e) — 8 cases

Bloodworth v. State, 769 So. 2d 1117 (Fla. 2d DCA 2000).

Baker v. State, 705 So. 2d 76 (Fla. 1st DCA 1997).

Dunson v. State, 701 So. 2d 1195 (Fla. 2d DCA 1997).

Bivins v. Makemson, 567 So. 2d 45 (Fla. 4th DCA 1990).

— 958.04(d) — 1 case

Campbell v. State, 777 So. 2d 461 (Fla. 4th DCA 2001).

— 958.04(l) — 1 case

McBurnett v. State, 188 So. 3d 972 (Fla. 5th DCA 2016).

— 958.04(l)(a) — 4 cases

Brown v. State, 412 So. 2d 58 (Fla. 4th DCA 1982).

Stancil v. State, 405 So. 2d 426 (Fla. 2d DCA 1981).

State v. Upshaw, 469 So. 2d 922 (Fla. 3d DCA 1985).

Prince v. State, 641 So. 2d 496 (Fla. 3d DCA 1994).

— 958.04(l)(b) — 10 cases

Hamil v. State, 106 So. 3d 495 (Fla. 4th DCA 2013).

Urban v. State, 46 So. 3d 1113 (Fla. 5th DCA 2010).

State v. Lezcano, 586 So. 2d 1287 (Fla. 3d DCA 1991).

— 958.04(l)(c) — 15 cases

McNeil v. State, 438 So. 2d 178 (Fla. 1st DCA 1983).

State v. Lezcano, 586 So. 2d 1287 (Fla. 3d DCA 1991).

State v. Brown, 855 So. 2d 270 (Fla. 5th DCA 2003).

— 958.04(l)(e) — 1 case

Rivera v. State, 16 So. 3d 330 (Fla. 4th DCA 2009).

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