Florida Statute 921.241 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 921
SENTENCE

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F.S. 921.00241

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.

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Amendments to 921.00241

Annotations, Discussions, Cases:

Cases Citing Statute 921.00241

Total Results: 29

Jones v. State

569 So. 2d 1234, 1990 WL 180595

Supreme Court of Florida | Filed: Sep 13, 1990 | Docket: 1190022

Cited 32 times | Published

because the trial judge failed to comply with section 921.241(1), Florida Statutes (1987), which requires

Jones v. State

71 So. 3d 173, 2011 Fla. App. LEXIS 15106, 2011 WL 4424302

District Court of Appeal of Florida | Filed: Sep 23, 2011 | Docket: 2360508

Cited 18 times | Published

consistent with the usage of the phrase in section 921.00241, which, like section 775.082(10), was enacted

In Re Amend. to Fla. Rules of Cr. Proc.

606 So. 2d 227, 1992 WL 246494

Supreme Court of Florida | Filed: Sep 24, 1992 | Docket: 2191048

Cited 9 times | Published

amended to add a signature line required by section 921.241, Florida Statutes (1991). The Form for Charges

Watford v. State

353 So. 2d 1263

District Court of Appeal of Florida | Filed: Jan 19, 1978 | Docket: 424378

Cited 9 times | Published

to the judgment and sentence as required by Section 921.241(1), Florida Statutes. Defendant contends that

Louis v. State

647 So. 2d 324, 1994 WL 706157

District Court of Appeal of Florida | Filed: Dec 21, 1994 | Docket: 437775

Cited 7 times | Published

241." § 775.084(3)(e), Fla. Stat. (1991). Section 921.241(2), Florida Statutes (1991), requires the court

Hayes v. State

488 So. 2d 77, 11 Fla. L. Weekly 304

District Court of Appeal of Florida | Filed: Jan 29, 1986 | Docket: 1685480

Cited 5 times | Published

portion of the sentencing process required by section 921.241, Florida Statutes (1981), Mr. Hayes was fingerprinted

Meehan v. State

397 So. 2d 1214

District Court of Appeal of Florida | Filed: May 8, 1981 | Docket: 1357706

Cited 5 times | Published

fingerprints to connect it to Meehan as required by section 921.241. We note, however, that the state could still

Keith v. State

844 So. 2d 715, 2003 WL 21032006

District Court of Appeal of Florida | Filed: May 9, 2003 | Docket: 1662227

Cited 3 times | Published

921.24, Florida Statutes (1975) (currently section 921.241, Florida Statutes (2002)), which requires that

Bunting v. State

361 So. 2d 810

District Court of Appeal of Florida | Filed: Aug 9, 1978 | Docket: 658216

Cited 3 times | Published

the written judgment of guilt as required by Section 921.241(1), Florida Statutes (1977). We agree with

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

265 So. 3d 494

Supreme Court of Florida | Filed: Oct 4, 2018 | Docket: 7982207

Cited 1 times | Published

requirements for that program as set forth in section 921.00241 , Florida Statutes . (

Reginald Lee Booker, I I I v. State of Florida

244 So. 3d 1151

District Court of Appeal of Florida | Filed: Apr 18, 2018 | Docket: 6366184

Cited 1 times | Published

nonstate prison sanction as provided [therein].” § 921.00241(2), Fla. Stat. (2018). In contrast to subsection

Reed v. State

192 So. 3d 641, 2016 WL 3030838, 2016 Fla. App. LEXIS 8081

District Court of Appeal of Florida | Filed: May 27, 2016 | Docket: 3068164

Cited 1 times | Published

175 (Fla. 1st DCA 2011); see also § 921.00241(1)-(2), Fla. Stat. (2011) (using the phrase “nonstate

In Re Amendments to Florida Rule of Criminal Procedure 3.992(A)

19 So. 3d 274, 2009 Fla. LEXIS 1120, 2009 WL 2045407

Supreme Court of Florida | Filed: Jul 16, 2009 | Docket: 1651602

Cited 1 times | Published

created a new prison diversion program under section 921.00241, Florida Statutes, which may affect the sentence

Roberts v. State

677 So. 2d 1, 1996 WL 283688

District Court of Appeal of Florida | Filed: May 31, 1996 | Docket: 1266515

Cited 1 times | Published

adult or a juvenile sentenced as an adult. See § 921.241, Fla.Stat. (1993). Accordingly, we affirm the

Cristian Pozos v. State of Florida

District Court of Appeal of Florida | Filed: Feb 14, 2024 | Docket: 68249803

Published

So. 3d 641, 645 (Fla. 2d DCA 2016); see also § 921.00241(1)-(2), Fla. Stat. (2018) (using the phrase “nonstate

In Re: Amendments to Florida Rules of Criminal Procedure 3.030 and 3.704

Supreme Court of Florida | Filed: Dec 7, 2023 | Docket: 68069463

Published

prison diversion program, as provided for in section 921.00241, Florida Statutes, if the defendant meets

In Re: Amendments to the Florida Rules of Criminal Procedure - 2021 Fast-Track Report

Supreme Court of Florida | Filed: Oct 28, 2021 | Docket: 60680654

Published

to mirror the updated statutory language of section 921.241(3)(a)- (b), Florida Statutes. See ch. 2021-230

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

Supreme Court of Florida | Filed: Jul 19, 2018 | Docket: 7471972

Published

requirements for that program as set forth in section 921.00241, Florida Statutes.

Marlena Christine Woods v. State of Florida

District Court of Appeal of Florida | Filed: Jul 24, 2016 | Docket: 4113590

Published

in the county jail for up to one year. See § 921.00241(2), Fla. Stat. (2015); see also Jones v. State

Gray v. State

198 So. 3d 780, 2016 Fla. App. LEXIS 3374, 2016 WL 833507

District Court of Appeal of Florida | Filed: Mar 4, 2016 | Docket: 3041728

Published

the form but also by statute, See § 921.241, Fla. Stat. (2011). These omissions on the “memo

Dolan v. State

187 So. 3d 262, 2016 Fla. App. LEXIS 2183, 2016 WL 618901

District Court of Appeal of Florida | Filed: Feb 17, 2016 | Docket: 3036703

Published

comply with chapter 75-23, Laws of Florida, and section 921.241, Florida Statutes (1975), which require fingerprints

In Re Amendments to Florida Rules of Criminal Procedure 3.704 & 3.986

22 So. 3d 1, 34 Fla. L. Weekly Supp. 509, 2009 Fla. LEXIS 1454, 2009 WL 2878103

Supreme Court of Florida | Filed: Sep 10, 2009 | Docket: 1639616

Published

prison diversion program established under section 921.00241, Florida Statute. Rule 3.704(d)(28) as amended

Nevels v. State

6 So. 3d 117, 2009 Fla. App. LEXIS 3189, 2009 WL 996399

District Court of Appeal of Florida | Filed: Apr 15, 2009 | Docket: 60299756

Published

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

Pridgeon v. State

605 So. 2d 1004, 1992 Fla. App. LEXIS 10590, 1992 WL 277242

District Court of Appeal of Florida | Filed: Oct 12, 1992 | Docket: 64670132

Published

judgments and convictions were admissible under Section 921.241, Florida Statutes (1989), for the limited purpose

Ago

Florida Attorney General Reports | Filed: Jun 4, 1986 | Docket: 3256779

Published

of books called `Official Records.'" (e.s.) Section 921.241(1), F.S., provides in pertinent part that "[e]very

Ago

Florida Attorney General Reports | Filed: May 8, 1984 | Docket: 3256835

Published

entered in criminal actions and proceedings. Section 921.241, F.S., requires the clerk to record every judgment

Edwards v. State

422 So. 2d 24, 1982 Fla. App. LEXIS 20711

District Court of Appeal of Florida | Filed: Aug 6, 1982 | Docket: 64593375

Published

respective appellant’s fingerprints as required by section 921.-241(1), Florida Statutes (1979). Ramos v. State

Ramos v. State

429 So. 2d 318, 1981 Fla. App. LEXIS 28247

District Court of Appeal of Florida | Filed: Aug 5, 1981 | Docket: 64596259

Published

constituting the judgment and sentence as required by section 921.241, Florida Statutes (1979). That order is therefore

State ex rel. Gerstein v. Schwartz

357 So. 2d 167, 1978 Fla. LEXIS 4728

Supreme Court of Florida | Filed: Mar 9, 1978 | Docket: 64563815

Published

Judicial Circuit, to perform his legal duty under Section 921.241(1),1 Florida Statutes. An alternative writ