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Florida Statute 921.00241 - Full Text and Legal Analysis
Florida Statute 921.00241 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 921.00241 Case Law from Google Scholar Google Search for Amendments to 921.00241

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 921
SENTENCE
View Entire Chapter
921.00241 Prison diversion program.—
(1) Notwithstanding s. 921.0024 and effective for offenses committed on or after July 1, 2009, a court may divert from the state correctional system an offender who would otherwise be sentenced to a state facility by sentencing the offender to a nonstate prison sanction as provided in subsection (2). An offender may be sentenced to a nonstate prison sanction if the offender meets all of the following criteria:
(a) The offender’s primary offense is a felony of the third degree.
(b) The offender’s total sentence points score, as provided in s. 921.0024, is not more than 48 points, or the offender’s total sentence points score is 54 points and 6 of those points are for a violation of probation, community control, or other community supervision, and do not involve a new violation of law.
(c) The offender has not been convicted or previously convicted of a forcible felony as defined in s. 776.08, but excluding any third degree felony violation under chapter 810.
(d) The offender’s primary offense does not require a minimum mandatory sentence.
(2) If the court elects to impose a sentence as provided in this section, the court shall sentence the offender to a term of probation, community control, or community supervision with mandatory participation in a prison diversion program of the Department of Corrections if such program is funded and exists in the judicial circuit in which the offender is sentenced. The prison diversion program shall be designed to meet the unique needs of each judicial circuit and of the offender population of that circuit. The program may require residential, nonresidential, or day-reporting requirements; substance abuse treatment; employment; restitution; academic or vocational opportunities; or community service work.
(3) The court that sentences a defendant to a nonstate prison sanction pursuant to subsection (2) shall make written findings that the defendant meets the criteria in subsection (1); and the sentencing order must indicate that the offender was sentenced to the prison diversion program pursuant to subsection (2). The court may order the offender to pay all or a portion of the costs related to the prison diversion program if the court determines that the offender has the ability to pay.
History.—s. 2, ch. 2009-63.

F.S. 921.00241 on Google Scholar

F.S. 921.00241 on CourtListener

Amendments to 921.00241


Annotations, Discussions, Cases:

Cases Citing Statute 921.00241

Total Results: 29  |  Sort by: Relevance  |  Newest First

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Jones v. State, 569 So. 2d 1234 (Fla. 1990).

Cited 32 times | Published | Supreme Court of Florida | 1990 WL 180595

because the trial judge failed to comply with section 921.241(1), Florida Statutes (1987), which requires
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Jones v. State, 71 So. 3d 173 (Fla. 1st DCA 2011).

Cited 18 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 15106, 2011 WL 4424302

...ng non-violent offenders with the tools to function successfully in the community. Id. at 3. [5] See generally § 921.0016, Fla. Stat. (1995); Fla. R. Crim. P. 3.701, 3.988. [6] This common understanding is consistent with the usage of the phrase in section 921.00241, which, like section 775.082(10), was enacted through chapter 2009-63, Laws of Florida. See § 921.00241(3), Fla....
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In Re Amend. to Fla. Rules of Cr. Proc., 606 So. 2d 227 (Fla. 1992).

Cited 9 times | Published | Supreme Court of Florida | 1992 WL 246494

amended to add a signature line required by section 921.241, Florida Statutes (1991). The Form for Charges
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Watford v. State, 353 So. 2d 1263 (Fla. 1st DCA 1978).

Cited 9 times | Published | Florida 1st District Court of Appeal

to the judgment and sentence as required by Section 921.241(1), Florida Statutes. Defendant contends that
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Louis v. State, 647 So. 2d 324 (Fla. 2d DCA 1994).

Cited 7 times | Published | Florida 2nd District Court of Appeal | 1994 WL 706157

241." § 775.084(3)(e), Fla. Stat. (1991). Section 921.241(2), Florida Statutes (1991), requires the court
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Meehan v. State, 397 So. 2d 1214 (Fla. 2d DCA 1981).

Cited 5 times | Published | Florida 2nd District Court of Appeal

fingerprints to connect it to Meehan as required by section 921.241. We note, however, that the state could still
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Hayes v. State, 488 So. 2d 77 (Fla. 2d DCA 1986).

Cited 5 times | Published | Florida 2nd District Court of Appeal | 11 Fla. L. Weekly 304

portion of the sentencing process required by section 921.241, Florida Statutes (1981), Mr. Hayes was fingerprinted
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Keith v. State, 844 So. 2d 715 (Fla. 2d DCA 2003).

Cited 3 times | Published | Florida 2nd District Court of Appeal | 2003 WL 21032006

921.24, Florida Statutes (1975) (currently section 921.241, Florida Statutes (2002)), which requires that
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Bunting v. State, 361 So. 2d 810 (Fla. 4th DCA 1978).

Cited 3 times | Published | Florida 4th District Court of Appeal

the written judgment of guilt as required by Section 921.241(1), Florida Statutes (1977). We agree with
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In Re: Amendments to the Florida Rules of Crim. Procedure-2018 Regular-cycle Report., 265 So. 3d 494 (Fla. 2018).

Cited 1 times | Published | Supreme Court of Florida

...probation, community control, or other community supervision that does not involve a new crime), the court may sentence the defendant to probation, community control, or community supervision with mandatory participation in a prison diversion program, as provided for in s.ection 921.00241, Florida Statutes, - 42 - if the defendant meets the requirements for that program as set forth in section 921.00241, Florida Statutes. (2930) If the total sentence points equal 22 or less, the court must sentence the offender to a nonstate prison sanction unless it makes written findings that a nonstate prison sanction could...
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Roberts v. State, 677 So. 2d 1 (Fla. 5th DCA 1996).

Cited 1 times | Published | Florida 5th District Court of Appeal | 1996 WL 283688

adult or a juvenile sentenced as an adult. See § 921.241, Fla.Stat. (1993). Accordingly, we affirm the
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Reed v. State, 192 So. 3d 641 (Fla. 2d DCA 2016).

Cited 1 times | Published | Florida 2nd District Court of Appeal | 2016 WL 3030838, 2016 Fla. App. LEXIS 8081

...Although section 775.082(10) does not define "nonstate prison sanction," the phrase is "understood to mean probation, community control, or imprisonment in the county jail for up to one year." Jones v. State, 71 So. 3d 173, 175 (Fla. 1st DCA 2011); see also § 921.00241(1)-(2), Fla....
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In Re Amendments to Florida Rule of Crim. Procedure 3.992(A), 19 So. 3d 274 (Fla. 2009).

Cited 1 times | Published | Supreme Court of Florida | 2009 Fla. LEXIS 1120, 2009 WL 2045407

...However, if the court makes written findings that a nonstate prison sanction could present a danger to the public, the court may sentence the offender to a state correctional facility pursuant to this section. Ch. 2009-63, § 1, Laws of Fla. The Legislature also created a new prison diversion program under section 921.00241, Florida Statutes, which may affect the sentence imposed....
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Reginald Lee Booker, I I I v. State of Florida, 244 So. 3d 1151 (Fla. 1st DCA 2018).

Cited 1 times | Published | Florida 1st District Court of Appeal

...imposed upward departure was at issue in Butler, only the harmonizing of sections 775.082 and 921.0024(2), to determine the maximum sentence permissible. 11 sentencing the offender to a nonstate prison sanction as provided [therein].” § 921.00241(2), Fla....
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In Re Amendments to Florida Rules of Crim. Procedure 3.704 & 3.986, 22 So. 3d 1 (Fla. 2009).

Published | Supreme Court of Florida | 34 Fla. L. Weekly Supp. 509, 2009 Fla. LEXIS 1454, 2009 WL 2878103

...orrectional facility pursuant to this section. The adoption of new subdivision (d)(29) in rule 3.704 gives effect to that change. Under chapter 2009-63, section 2, Laws of Florida, the Legislature created a prison diversion program established under section 921.00241, Florida Statute....
...control, or other community supervision that does not involve a new crime), the court may sentence the defendant to probation, community control, or community supervision with mandatory participation in a prison diversion program, as provided for in s. 921.00241, Florida Statutes, if the defendant meets the requirements for that program as set forth in section 921.00241....
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In Re: Amendments to the Florida Rules of Crim. Procedure - 2021 Fast-Track Report (Fla. 2021).

Published | Supreme Court of Florida

to mirror the updated statutory language of section 921.241(3)(a)- (b), Florida Statutes. See ch. 2021-230
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Pridgeon v. State, 605 So. 2d 1004 (Fla. Dist. Ct. App. 1992).

Published | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 10590, 1992 WL 277242

judgments and convictions were admissible under Section 921.241, Florida Statutes (1989), for the limited purpose
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Ago (Fla. Att'y Gen. 1984).

Published | Florida Attorney General Reports

entered in criminal actions and proceedings. Section 921.241, F.S., requires the clerk to record every judgment
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State ex rel. Gerstein v. Schwartz, 357 So. 2d 167 (Fla. 1978).

Published | Supreme Court of Florida | 1978 Fla. LEXIS 4728

Judicial Circuit, to perform his legal duty under Section 921.241(1),1 Florida Statutes. An alternative writ
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Gray v. State, 198 So. 3d 780 (Fla. 2d DCA 2016).

Published | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 3374, 2016 WL 833507

the form but also by statute, See § 921.241, Fla. Stat. (2011). These omissions on the “memo
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Ago (Fla. Att'y Gen. 1986).

Published | Florida Attorney General Reports

of books called `Official Records.'" (e.s.) Section 921.241(1), F.S., provides in pertinent part that "[e]very
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Marlena Christine Woods v. State of Florida (Fla. 1st DCA 2016).

Published | Florida 1st District Court of Appeal

...factual finding of danger to the public, a third-degree non-forcible felony offender who scores 22 points or fewer on their sentencing scoresheet must be sentenced to a non-prison sanction; i.e., probation, community control, or imprisonment in the county jail for up to one year. See § 921.00241(2), Fla....
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In Re: Amendments to the Florida Rules of Crim. Procedure - 2018 Regular-Cycle Report (Fla. 2018).

Published | Supreme Court of Florida

...probation, community control, or other community supervision that does not involve a new crime), the court may sentence the defendant to probation, community control, or community supervision with mandatory participation in a prison diversion program, as provided for in s.ection 921.00241, Florida Statutes, if the defendant meets the requirements for that program as set forth in section 921.00241, Florida Statutes. - 41 - (2930) If the total sentence points equal 22 or less, the court must sentence the offender to a nonstate prison sanction unless it makes writt...
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Dolan v. State, 187 So. 3d 262 (Fla. 2d DCA 2016).

Published | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 2183, 2016 WL 618901

comply with chapter 75-23, Laws of Florida, and section 921.241, Florida Statutes (1975), which require fingerprints
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Cristian Pozos v. State of Florida (Fla. 4th DCA 2024).

Published | Florida 4th District Court of Appeal

...is commonly understood to mean probation, community control, or imprisonment in the county jail for up to one year.” Ryerson v. State, 189 So. 3d 1047, 1048 (Fla. 4th DCA 2016) (quoting Jones v. State, 71 So. 3d 173, 175 (Fla. 1st DCA 2011)); accord Reed v. State, 192 So. 3d 641, 645 (Fla. 2d DCA 2016); see also § 921.00241(1)-(2), Fla....
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In Re: Amendments to Florida Rules of Crim. Procedure 3.030 & 3.704 (Fla. 2023).

Published | Supreme Court of Florida

...control, or other community supervision that does not involve a new crime), the court may sentence the defendant to probation, community control, or community supervision with mandatory participation in a prison diversion program, as provided for in section 921.00241, Florida Statutes, if the defendant meets the requirements for that program as set forth in section 921.00241, Florida Statutes. (301) If the total sentence points equal 22 or less, the court must sentence the offender to a nonstate prison sanction unless it makes written findings that a nonstate prison sanction could present a danger to the public....
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Edwards v. State, 422 So. 2d 24 (Fla. Dist. Ct. App. 1982).

Published | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 20711

respective appellant’s fingerprints as required by section 921.-241(1), Florida Statutes (1979). Ramos v. State
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Ramos v. State, 429 So. 2d 318 (Fla. Dist. Ct. App. 1981).

Published | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 28247

constituting the judgment and sentence as required by section 921.241, Florida Statutes (1979). That order is therefore
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Nevels v. State, 6 So. 3d 117 (Fla. 4th DCA 2009).

Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 3189, 2009 WL 996399

appellant’s fingerprints affixed, as required by section 921.241(1), Florida Statutes (2007). See Fla. R.Crim

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