Florida Statutes

Fla. Stat. § 958.07 (2025)

Presentence report; access by defendant.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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958.07 Presentence report; access by defendant.—The defendant is entitled to an opportunity to present to the court facts which would materially affect the decision of the court to adjudicate the defendant a youthful offender. The defendant, his or her attorney, and the state shall be entitled to inspect all factual material contained in the comprehensive presentence report or diagnostic reports prepared or received by the department. The victim, the victim’s parent or guardian if the victim is a minor, the lawful representative of the victim or of the victim’s parent or guardian if the victim is a minor, or the victim’s next of kin in the case of a homicide may review the presentence investigation report as provided in s. 960.001(1)(g)2. The court may withhold from disclosure to the defendant and his or her attorney sources of information which have been obtained through a promise of confidentiality. In all cases in which parts of the report are not disclosed, the court shall state for the record the reasons for its action and shall inform the defendant and his or her attorney that information has not been disclosed.

History.—s. 8, ch. 78-84; s. 102, ch. 94-209; s. 1704, ch. 97-102; s. 2, ch. 2001-209.

Notes of Decisions

Cited in 3 cases, 1997–2013 · leading case: Albarracin v. State, 112 So. 3d 574 (Fla. 4th DCA 2013).

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Albarracin v. State, 112 So. 3d 574 (Fla. 4th DCA 2013). · cites it 2× “2 Also, because appellant was eligible for Youthful Offender sentencing, section 958.07, Florida Statutes (2011), required the trial court to order a PSI before sentencing appellant.”

German v. State, 27 So. 3d 130 (Fla. 4th DCA 2010). · cites it 2× “§ 958.07, Fla. Stat. (2007). Indeed, the presentence investigation specifically allowed the defendant to present his “educational background, .”

Valltos v. State, 707 So. 2d 343 (Fla. 2d DCA 1997). · cites it 2× “In his motion to disqualify the trial judge, Valltos claimed that the trial court had impermissibly refused to consider youthful offender treatment as required by section 958.07, Florida Statutes (1995). That statute seems to entitle a criminal defendant to a presentence…”

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