Florida Statute 958.11 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 958
YOUTHFUL OFFENDERS

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F.S. 958.11

958.11 Designation of institutions and programs for youthful offenders; assignment from youthful offender institutions and programs.—

(1) The department shall by rule designate separate institutions and programs for youthful offenders and shall employ and utilize personnel specially qualified by training and experience to operate all such institutions and programs for youthful offenders. Youthful offenders who are at least 14 years of age but who have not yet reached the age of 18 years at the time of reception shall be separated from offenders who are 18 years of age or older.

(2) Youthful offender institutions and programs shall contain only those youthful offenders sentenced as such by a court or classified as such by the department, pursuant to the requirements of subsections (7) and (9), except that under special circumstances select adult offenders may be assigned to youthful offender institutions. All female youthful offenders may continue to be housed together at those institutions designated by department rule.

(3) The department may assign a youthful offender who is 18 years of age or older to a facility in the state correctional system which is not designated for the care, custody, control, and supervision of youthful offenders or an age group only in the following circumstances:

(a) If the youthful offender is convicted of a new crime that is a felony under the laws of this state.

(b) If the youthful offender becomes such a serious management or disciplinary problem resulting from serious violations of the rules of the department that his or her original assignment would be detrimental to the interests of the program and to other inmates committed thereto.

(c) If the youthful offender needs medical treatment, health services, or other specialized treatment otherwise not available at the youthful offender facility.

(d) If the department determines that the youthful offender should be transferred outside of the state correctional system, as provided by law, for services not provided by the department.

(e) If bed space is not available in a designated community residential facility, the department may assign a youthful offender to a community residential facility, provided that the youthful offender is separated from other offenders insofar as is practical.

(4) The department may assign a youthful offender whose age does not exceed 17 years to an adult facility for medical or mental health reasons, for protective management, or for close management. The youthful offender shall be separated from offenders who are 18 years of age or older.

(5) If the youthful offender was originally assigned to a facility designated for 14- to 17-year-old youthful offenders, but subsequently reaches the age of 18 years, the department may retain the youthful offender in a facility designated for 18- to 22-year-old youthful offenders if the department determines that it is in the best interest of the youthful offender and the department.

(6) If the youthful offender was originally assigned to a facility designated for 18- to 22-year-old youthful offenders, but subsequently reaches the age of 23 years, the department may retain the offender in the facility until the age of 25 if the department determines that it is in the best interest of the youthful offender and the department.

(7) The department shall continuously screen all institutions, facilities, and programs for any inmate who meets the eligibility requirements for youthful offender designation specified in s. 958.04(1)(a) and (c) whose age does not exceed 24 years and whose total length of sentence does not exceed 10 years, and the department may classify and assign as a youthful offender any inmate who meets the criteria of this subsection.

(8) The department shall coordinate all youthful offender assignments or transfers and shall review and maintain access to full and complete documentation and substantiation of all such assignments or transfers of youthful offenders to or from facilities in the state correctional system which are not designated for their care, custody, and control, except assignments or transfers made pursuant to paragraph (3)(c).

(9) The department may assign to a youthful offender facility any inmate, except a capital or life felon, whose age does not exceed 19 years but who does not otherwise meet the criteria of this section, if the department determines that such inmate’s mental or physical vulnerability would substantially or materially jeopardize his or her safety in a nonyouthful offender facility. Assignments made under this subsection shall be included in the department’s annual report.

History.—s. 11, ch. 78-84; s. 22, ch. 85-288; s. 104, ch. 94-209; s. 51, ch. 95-283; s. 39, ch. 96-312; s. 1882, ch. 97-102; s. 8, ch. 2008-250; s. 7, ch. 2017-31.

F.S. 958.11 on Google Scholar

F.S. 958.11 on CourtListener

Amendments to 958.11

Annotations, Discussions, Cases:

Cases Citing Statute 958.11

Total Results: 24

Michael A. Barfield v. David Brierton, Louis Carmichael, Richard Dugger, Thomas Barton, David E. Watson, Jerry C. Wade, Randall R. Music, John Shaw

883 F.2d 923, 14 Fed. R. Serv. 3d 1214, 1989 U.S. App. LEXIS 13995, 1989 WL 99418

Court of Appeals for the Eleventh Circuit | Filed: Sep 15, 1989 | Docket: 535815

Cited 408 times | Published

twenty-year-old youthful offender pursuant to Fla. Stat. § 958.011-958.15 (1985). Bar-field also states that the

Franklin v. State

526 So. 2d 159, 1988 WL 54214

District Court of Appeal of Florida | Filed: May 24, 1988 | Docket: 1679911

Cited 21 times | Published

section 948.01(8), Florida Statutes (1987). [8] § 958.011, et seq., Fla. Stat. (1987). [9] § 958.14, Fla

Blacker v. State

49 So. 3d 785, 2010 Fla. App. LEXIS 15807, 2010 WL 4103159

District Court of Appeal of Florida | Filed: Oct 20, 2010 | Docket: 60296852

Cited 8 times | Published

facilities to which the defendant can be assigned. See § 958.11, Fla. Stat. (2009) (requiring that the department

Trenary v. State

453 So. 2d 1132

District Court of Appeal of Florida | Filed: Jun 22, 1984 | Docket: 1162797

Cited 8 times | Published

be pursuant to the Youthful Offender Act, section 958.011, Florida Statutes (1979), which would limit

Christian v. State

84 So. 3d 437, 2012 WL 1121748, 2012 Fla. App. LEXIS 5291

District Court of Appeal of Florida | Filed: Apr 5, 2012 | Docket: 60306740

Cited 6 times | Published

Classification within Department of Corrections. Section 958.11, Florida Statutes, requires the Department

Harvey v. State

616 So. 2d 521, 1993 WL 75801

District Court of Appeal of Florida | Filed: Mar 19, 1993 | Docket: 1369235

Cited 4 times | Published

rather than at a youth camp or institution." Section 958.11(2) provides that "[y]outhful offender institutions

Trenary v. State

473 So. 2d 820, 10 Fla. L. Weekly 1917

District Court of Appeal of Florida | Filed: Aug 9, 1985 | Docket: 451721

Cited 4 times | Published

mandatory treatment as a youthful offender under section 958.011, Florida Statutes (1979), because of his age

CHRISTOPHER THOMAS v. STATE OF FLORIDA

244 So. 3d 1131

District Court of Appeal of Florida | Filed: Jun 13, 2018 | Docket: 7144570

Published

non-youthful offender prisoners.” Id. at 1025; § 958.11, Fla. Stat. (2010). Nevertheless, the defendant

Chauncey Davis v. State

223 So. 3d 1106, 2017 WL 2821931, 2017 Fla. App. LEXIS 9508

District Court of Appeal of Florida | Filed: Jun 30, 2017 | Docket: 6086570

Published

49 So.3d 785, 787 n.2 (Fla. 4th DCA 2010); § 958.11, Fla. Stat. (2008)). The trial court erred

State of Florida v. Harry James Chubbuck

141 So. 3d 1163, 39 Fla. L. Weekly Supp. 437, 2014 WL 2765926, 2014 Fla. LEXIS 1982

Supreme Court of Florida | Filed: Jun 19, 2014 | Docket: 58842

Published

a separate statute, section 958.11(3)(c), Florida Statutes (2013). Section 958.11(3)(c) authorizes the

Long v. State

99 So. 3d 997, 2012 Fla. App. LEXIS 18756, 2012 WL 5272987

District Court of Appeal of Florida | Filed: Oct 26, 2012 | Docket: 60313337

Published

3d 785, 787 n. 2 (Fla. 4th DCA 2010); see also § 958.11, Fla. Stat. (2008). On remand, the trial court

State v. Dishman

5 So. 3d 773, 2009 Fla. App. LEXIS 2215, 2009 WL 690823

District Court of Appeal of Florida | Filed: Mar 18, 2009 | Docket: 2522363

Published

departure under the Florida Youthful Offender Act, section 958.011, et seq., Florida Statutes (2007). The trial

Riley v. State

743 So. 2d 148, 1999 Fla. App. LEXIS 13672, 1999 WL 821311

District Court of Appeal of Florida | Filed: Oct 15, 1999 | Docket: 64791667

Published

and appellant were unaware of the language in section 958.11(4), Florida Statutes (1997), which allows treatment

Kirkman v. State

598 So. 2d 232, 1992 Fla. App. LEXIS 4988, 1992 WL 92423

District Court of Appeal of Florida | Filed: May 8, 1992 | Docket: 64667130

Published

appellant pursuant to the Youthful Offender Act, section 958.011 et seq., Florida Statutes (1987). Under section

Johnson v. State

586 So. 2d 1322, 1991 Fla. App. LEXIS 13953, 1991 WL 196294

District Court of Appeal of Florida | Filed: Oct 4, 1991 | Docket: 64662144

Published

offender based on certain statutory criteria. Florida Statute 958.-11(2), (4), (6). “Accordingly, it is clear

State v. Lezcano

586 So. 2d 1287, 1991 Fla. App. LEXIS 9740, 1991 WL 193117

District Court of Appeal of Florida | Filed: Oct 1, 1991 | Docket: 64662137

Published

facilities an individual can be assigned to. See § 958.11(6), Fla.Stat. (1989). In Lezeano’s previous conviction

Ago

Florida Attorney General Reports | Filed: Oct 4, 1984 | Docket: 3255433

Published

facilities and programs for youthful offenders. Section 958.11, F.S. The act further directs that insofar

Bready v. State

430 So. 2d 997, 1983 Fla. App. LEXIS 19743

District Court of Appeal of Florida | Filed: May 11, 1983 | Docket: 64596854

Published

pursuant to the Florida Youthful Offender Act, Section 958.011 et seq., Florida Statutes (1979). HERSEY and

Guerrero v. State

407 So. 2d 261, 1981 Fla. App. LEXIS 21851

District Court of Appeal of Florida | Filed: Dec 8, 1981 | Docket: 64586744

Published

that count under the Youthful Offender Act, Section 958.011, et seq., Florida Statutes (Supp.1978). Since

Lane v. State

405 So. 2d 285, 1981 Fla. App. LEXIS 21451

District Court of Appeal of Florida | Filed: Oct 30, 1981 | Docket: 64585799

Published

pursuant to the Florida Youthful Offender Act, Section 958.011, et seq., Florida Statutes (1979). We agree

Eberhardt v. State

405 So. 2d 286, 1981 Fla. App. LEXIS 21449

District Court of Appeal of Florida | Filed: Oct 30, 1981 | Docket: 64585801

Published

pursuant to the Florida Youthful Offender Act, Section 958.011 et seq., Florida Statutes (1979). We agree

Hogan v. State

401 So. 2d 1172, 1981 Fla. App. LEXIS 20711

District Court of Appeal of Florida | Filed: Aug 11, 1981 | Docket: 64584355

Published

pursuant to the Florida Youthful Offender Act, Section 958.011, et seq., Florida Statutes (1979). We agree

Stancil v. State

405 So. 2d 426, 1981 Fla. App. LEXIS 19929

District Court of Appeal of Florida | Filed: May 27, 1981 | Docket: 64585892

Published

offender under the Florida Youthful Offender Act, section 958.011, Florida Statutes (1979). We reverse. A grand

Cannon v. State

384 So. 2d 970, 1980 Fla. App. LEXIS 16927

District Court of Appeal of Florida | Filed: Jun 24, 1980 | Docket: 64576706

Published

pursuant to the Florida Youthful Offender Act. § 958.011 et seq., Fla.Stat. (1979). Error, if any, in permitting