Florida Statute 921.12 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 921
SENTENCE

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F.S. 921.12

921.12 Fees of physicians when pregnancy is alleged as cause for not pronouncing sentence.—The court shall allow reasonable fees to the physicians appointed to examine a defendant who has alleged her pregnancy as a cause for not pronouncing sentence. The fees shall be paid by the county in which the indictment was found or the information or affidavit filed.

History.—s. 258, ch. 19554, 1939; CGL 1940 Supp. 8663(267); s. 122, ch. 70-339.

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Amendments to 921.12

Annotations, Discussions, Cases:

Cases Citing Statute 921.12

Total Results: 73

Trapp v. State

760 So. 2d 924, 2000 WL 702392

Supreme Court of Florida | Filed: Jun 1, 2000 | Docket: 428644

Cited 91 times | Published

on the prior aggravated battery offense. See § 921.0012, Fla. Stat. (Supp. 1994); see also Initial Brief

In Re Florida Rules of Criminal Procedure

196 So. 2d 124, 1967 Fla. LEXIS 3956

Supreme Court of Florida | Filed: Mar 1, 1967 | Docket: 1710426

Cited 21 times | Published

her. Committee Note: A revamped version of Section 921.12. NOTE that the Rule omits the statutory provisions

Sanders v. State

847 So. 2d 504, 2003 WL 1610878

District Court of Appeal of Florida | Filed: Mar 31, 2003 | Docket: 1686666

Cited 16 times | Published

are assessed different guideline points. See § 921.012, Fla. Stat. (Supp.1998). [3] A category-two permissive

Nettles v. State

850 So. 2d 487, 2003 WL 21467521

Supreme Court of Florida | Filed: Jun 26, 2003 | Docket: 1783362

Cited 11 times | Published

used in both sections of the statutes. Compare § 921.0012 with § 921.0022.

Grinage v. State

641 So. 2d 1362, 1994 WL 444883

District Court of Appeal of Florida | Filed: Aug 19, 1994 | Docket: 1152647

Cited 10 times | Published

2d 1355 (Fla. 1st DCA 1991). [4] But see section 921.0012 (the offense severity ranking chart) which

Maglio v. State

918 So. 2d 369, 2005 WL 3478162

District Court of Appeal of Florida | Filed: Dec 21, 2005 | Docket: 1361445

Cited 9 times | Published

but robbery with a weapon is a level 8 offense. § 921.0012, Fla. Stat. Under the Ohio statute for aggravated

Ward v. State

730 So. 2d 728, 1999 WL 224936

District Court of Appeal of Florida | Filed: Apr 20, 1999 | Docket: 1646664

Cited 9 times | Published

offenses for sentencing guidelines purposes. § 921.0012(3)(i), Fla. Stat. (1995). Therefore, it makes

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

Notes 1968 Adoption. A revamped version of section 921.12, Florida Statutes. Note that the rule omits

Anderson v. State

865 So. 2d 640, 2004 WL 256978

District Court of Appeal of Florida | Filed: Feb 13, 2004 | Docket: 1231690

Cited 8 times | Published

offense levels below the completed crime. See § 921.0012, Fla. Stat. (Supp.1994); § 777.04(4)(a), Fla

Gamble v. State

723 So. 2d 905, 1999 WL 4950

District Court of Appeal of Florida | Filed: Jan 8, 1999 | Docket: 1319787

Cited 7 times | Published

chart and ranked as a level seven offense. See § 921.0012, Fla. Stat. (Supp.1994). At sentencing, the trial

Colson v. State

711 So. 2d 604, 1998 WL 236311

District Court of Appeal of Florida | Filed: May 13, 1998 | Docket: 1337189

Cited 7 times | Published

However, section 806.13(1)(b)3. is not listed in section 921.0012, Florida Statutes (Supp. 1994), which ranks

Wilson v. State

913 So. 2d 1277, 2005 WL 3077225

District Court of Appeal of Florida | Filed: Nov 18, 2005 | Docket: 1331560

Cited 5 times | Published

Wilson's claim involves a glitch that existed in section 921.0012, Florida Statutes (1993). Mr. Wilson was charged

Holybrice v. State

753 So. 2d 621, 2000 WL 201440

District Court of Appeal of Florida | Filed: Feb 23, 2000 | Docket: 1433214

Cited 5 times | Published

severity ranking is to be determined by examining section 921.0012, Florida Statutes (1997). The robberies were

Roberts v. State

715 So. 2d 302, 1998 WL 396728

District Court of Appeal of Florida | Filed: Jul 17, 1998 | Docket: 1366087

Cited 5 times | Published

listed in the offense severity ranking chart, section 921.0012, must be ranked as a level seven offense.

Ducharme v. State

690 So. 2d 1358, 1997 WL 148666

District Court of Appeal of Florida | Filed: Apr 2, 1997 | Docket: 436871

Cited 5 times | Published

offense under the severity ranking chart of "section 921.0012," resulting in the assessment of 74 points

Lee v. State

779 So. 2d 607, 2001 WL 194068

District Court of Appeal of Florida | Filed: Feb 28, 2001 | Docket: 420491

Cited 4 times | Published

level of the offense severity ranking chart, § 921.0012(3), Fla. Stat. (1997), which entails the assessment

Greene v. State

714 So. 2d 554, 1998 WL 336337

District Court of Appeal of Florida | Filed: Jun 26, 1998 | Docket: 461541

Cited 4 times | Published

tied more to offense level than to degree. See § 921.0012, Fla. Stat. (1993). After the 1993 amendments

Perry v. State

705 So. 2d 615, 1998 WL 2511

District Court of Appeal of Florida | Filed: Jan 2, 1998 | Docket: 1753748

Cited 4 times | Published

as a level nine offense. See § 921.0012, Fla. Stat. (1993); § 921.0012, Fla. Stat. (Supp.1994). The original

Gibson v. State

691 So. 2d 544, 1997 WL 162717

District Court of Appeal of Florida | Filed: Apr 9, 1997 | Docket: 1727154

Cited 4 times | Published

error based upon the improper application of section 921.0012, Florida Statutes (1993). Florida Rule of

Wilson v. State

877 So. 2d 27, 2004 WL 1175574

District Court of Appeal of Florida | Filed: May 28, 2004 | Docket: 2585119

Cited 3 times | Published

have been scored as a level eight offense. See § 921.0012, Fla. Stat. (1996). There is nothing in the record

Pelham v. State

771 So. 2d 1254, 2000 WL 1700175

District Court of Appeal of Florida | Filed: Nov 15, 2000 | Docket: 1339490

Cited 3 times | Published

manslaughter conviction is scored at level eight. See § 921.0012, Fla. Stat. (Supp.1994). Therefore, we affirm

Millien v. State

766 So. 2d 475, 2000 WL 1345946

District Court of Appeal of Florida | Filed: Sep 20, 2000 | Docket: 1329415

Cited 3 times | Published

section 794.011(8)(b) (1993). Florida Statutes section 921.0012 (1993), contains the sentencing guidelines

Osorio v. State

746 So. 2d 490, 1999 WL 821206

District Court of Appeal of Florida | Filed: Oct 15, 1999 | Docket: 1360206

Cited 3 times | Published

second-degree felony and a level 8 offense. See § 921.0012(3), Fla. Stat. (1997). The State argues that

Chavis v. State

796 So. 2d 607, 2001 WL 1104452

District Court of Appeal of Florida | Filed: Sep 21, 2001 | Docket: 1672510

Cited 2 times | Published

scored as a level nine offense pursuant to section 921.0012, Florida Statutes (1995). In January 2001

Williams v. State

784 So. 2d 524, 2001 WL 417331

District Court of Appeal of Florida | Filed: Apr 25, 2001 | Docket: 1744102

Cited 2 times | Published

in the offense severity ranking chart under section 921.0012, Florida Statutes (Supp.1994), the offense

Ackerman v. State

737 So. 2d 1145, 1999 WL 410316

District Court of Appeal of Florida | Filed: Jun 22, 1999 | Docket: 1709587

Cited 2 times | Published

manslaughter; failing to render aid or give information." § 921.0012(3), Fla. Stat. (1997). We conclude, however,

Rager v. State

720 So. 2d 1134, 1998 WL 769782

District Court of Appeal of Florida | Filed: Nov 6, 1998 | Docket: 1371808

Cited 2 times | Published

second degree felony). [4] Specifically, section 921.0012 sets forth an "offense severity ranking chart"

Jenkins v. State

661 So. 2d 411, 1995 WL 608506

District Court of Appeal of Florida | Filed: Oct 18, 1995 | Docket: 1526435

Cited 2 times | Published

rule 3.702, "[f]elony offenses not listed in section 921.0012 are to be assigned a severity level as described

Mitchell v. State

975 So. 2d 1197, 2008 WL 611608

District Court of Appeal of Florida | Filed: Mar 7, 2008 | Docket: 1727513

Cited 1 times | Published

sub-subparagraph 893.135(1)(b)1.a. is a level 7 offense, see § 921.0012(3)(g), Fla. Stat. (2004); a violation of sub-subparagraph

Kennedy v. State

915 So. 2d 269, 2005 WL 3299707

District Court of Appeal of Florida | Filed: Dec 7, 2005 | Docket: 1690639

Cited 1 times | Published

stated that, "[e]xcept as otherwise provided in § 921.0012, the offense of criminal conspiracy is ranked

Richman v. State

793 So. 2d 1072, 2001 WL 863618

District Court of Appeal of Florida | Filed: Aug 1, 2001 | Docket: 1677937

Cited 1 times | Published

Second degree murder is a level ten offense, § 921.0012, Fla. Stat. (Supp.1998), which is reduced to

Pantle v. State

784 So. 2d 1139, 2001 WL 166792

District Court of Appeal of Florida | Filed: Feb 21, 2001 | Docket: 1744074

Cited 1 times | Published

home-invasion robbery was not listed on the chart. See § 921.0012, Fla. Stat. (Supp 1994). To find the offense

Milligan v. COUNTY BD. OF CO. COM'RS

704 So. 2d 1050

Supreme Court of Florida | Filed: Jan 8, 1998 | Docket: 1354381

Cited 1 times | Published

as a cause for not pronouncing sentence); id. § 921.12 (county must pay fees of physicians who examine

Kahn v. State

700 So. 2d 767, 1997 WL 639003

District Court of Appeal of Florida | Filed: Oct 15, 1997 | Docket: 2524832

Cited 1 times | Published

because the trial court improperly applied section 921.0012, Florida Statutes (1993), to this offense

Rendon v. State

690 So. 2d 645, 1997 WL 106568

District Court of Appeal of Florida | Filed: Mar 12, 1997 | Docket: 436585

Cited 1 times | Published

sentences pertain to felonies, not misdemeanors. See § 921.0012, Fla.Stat. (1995); Fla.R.Crim.P. 3.988. We note

Kristina Lawhon-Griffis v. State of Florida

179 So. 3d 553, 2015 Fla. App. LEXIS 18022, 2015 WL 7740401

District Court of Appeal of Florida | Filed: Dec 2, 2015 | Docket: 3017407

Published

apply credit for time served only pursuant to Section 921.0012, Florida Statutes (2001).” The court concluded

Urquhart v. State

967 So. 2d 397, 2007 Fla. App. LEXIS 16468, 2007 WL 3033514

District Court of Appeal of Florida | Filed: Oct 19, 2007 | Docket: 64852801

Published

not listed in section 921.0012. A third-degree felony that is not listed in section 921.0012 is scored as

Pratte v. State

946 So. 2d 1184, 2006 Fla. App. LEXIS 21455, 2006 WL 3751299

District Court of Appeal of Florida | Filed: Dec 22, 2006 | Docket: 64848620

Published

sentencing points for each robbery conviction. See § 921.0012(3)(h), Fla. Stat. (2001). Mr. Pratte’s scoresheet

Carter v. State

939 So. 2d 1170, 2006 Fla. App. LEXIS 17837, 2006 WL 3018057

District Court of Appeal of Florida | Filed: Oct 25, 2006 | Docket: 64847370

Published

GUNTHER, STONE and MAY, JJ., concur. . See § 921.0012, Fla. Stat. (Supp.1994).

Nelson v. State

933 So. 2d 118, 2006 Fla. App. LEXIS 8640, 2006 WL 1487696

District Court of Appeal of Florida | Filed: May 31, 2006 | Docket: 64845700

Published

PER CURIAM. Affirmed. See § 921.0012, Fla. Stat. (Supp.1994); Brown v. State, 827 So.2d 1054 (Fla. 2d

Hugh v. State

918 So. 2d 987, 2006 Fla. App. LEXIS 973, 2006 WL 305974

District Court of Appeal of Florida | Filed: Jan 17, 2006 | Docket: 64841844

Published

PER CURIAM. AFFIRMED. See § 921.0012, Fla. Stat. (1997). THOMPSON, ORFINGER and MONACO, JJ., concur

Gill v. State

886 So. 2d 988, 2004 Fla. App. LEXIS 14102, 2004 WL 2112708

District Court of Appeal of Florida | Filed: Sep 24, 2004 | Docket: 64834168

Published

question turns on the effect of the provision of section 921.0012(3)(i), Florida Statutes (Supp.1996), establishing

Riley v. State

884 So. 2d 218, 2004 Fla. App. LEXIS 11345, 2004 WL 1698090

District Court of Appeal of Florida | Filed: Jul 30, 2004 | Docket: 64833455

Published

nine offense in the 1994 ranking chart under section 921.0012, it must be scored as a level seven offense

Ellis v. State

855 So. 2d 101, 2003 Fla. App. LEXIS 9497, 2003 WL 21471709

District Court of Appeal of Florida | Filed: Jun 27, 2003 | Docket: 64825229

Published

scored as level eight offenses pursuant to section 921.0012, Florida Statutes (Supp. 1994). In his direct

Jefferson v. State

847 So. 2d 534, 2003 Fla. App. LEXIS 5417, 2003 WL 1878086

District Court of Appeal of Florida | Filed: Apr 16, 2003 | Docket: 64823342

Published

language in the offense severity ranking chart of F.S. 921.0012 that such deviation renders the offense an uncharged

Robinson v. State

826 So. 2d 1061, 2002 Fla. App. LEXIS 14044, 2002 WL 31127197

District Court of Appeal of Florida | Filed: Sep 27, 2002 | Docket: 64817742

Published

the *1062manner committed. However, under section 921.0012, Florida Statutes (Supp.1994), only where

Holt v. State

808 So. 2d 290, 2002 WL 341120

District Court of Appeal of Florida | Filed: Mar 6, 2002 | Docket: 1738460

Published

See Ch. 93-156, §§ 3-4, at 911, Laws of Fla. Section 921.0012, which contains the sentencing guidelines

Holt v. State

781 So. 2d 498, 2001 Fla. App. LEXIS 4105, 2001 WL 303286

District Court of Appeal of Florida | Filed: Mar 30, 2001 | Docket: 64804529

Published

severity ranking chart was section 827.03(l)(a). See § 921.0012, Fla.Stat. (1994 Supp.) (level 8). The offenses

Diaz v. State

782 So. 2d 460, 2001 Fla. App. LEXIS 3386, 2001 WL 256292

District Court of Appeal of Florida | Filed: Mar 16, 2001 | Docket: 64804753

Published

scoresheet and which appears to have merit. See § 921.0012, Fla.Stat. (Supp.1994).1 We affirm the order

Williams v. State

779 So. 2d 389, 2000 Fla. App. LEXIS 7849, 2000 WL 801138

District Court of Appeal of Florida | Filed: Jun 23, 2000 | Docket: 64804142

Published

statutory offense severity ranking chart of section 921.0012, Florida Statutes (1995). He bases his argument

Pippin v. State

765 So. 2d 751, 2000 Fla. App. LEXIS 6626, 2000 WL 702399

District Court of Appeal of Florida | Filed: Jun 1, 2000 | Docket: 64799858

Published

State, 714 So.2d 1167 (Fla. 1st DCA 1998). Section 921.0012, Florida Statutes, classifies burglary with

Atwater v. State

741 So. 2d 1240, 1999 Fla. App. LEXIS 13139, 1999 WL 777718

District Court of Appeal of Florida | Filed: Oct 1, 1999 | Docket: 64791247

Published

substantive offense, unless otherwise provided in section 921.0012, Florida Statutes. Racketeering is ranked

State v. Wilson

734 So. 2d 521, 1999 Fla. App. LEXIS 6683, 1999 WL 318814

District Court of Appeal of Florida | Filed: May 21, 1999 | Docket: 64788600

Published

law enforcement officer to be unlisted in section 921.0012, Florida Statutes (1993), and ranked it as

Carson v. State

731 So. 2d 157, 1999 Fla. App. LEXIS 5546, 1999 WL 252397

District Court of Appeal of Florida | Filed: Apr 30, 1999 | Docket: 64787836

Published

PER CURIAM. AFFIRMED. See § 921.0012, 775.0845, 777.04; Lamont v. State, 610 So.2d 435 (Fla.1992); Maddox

Griffin v. State

729 So. 2d 423, 1999 Fla. App. LEXIS 1499, 1999 WL 73967

District Court of Appeal of Florida | Filed: Feb 18, 1999 | Docket: 64787148

Published

of section 784.07, Florida Statutes (1983). Section 921.0012(3), Florida Statutes (1997), lists a violation

Tomlin v. State

725 So. 2d 466, 1999 Fla. App. LEXIS 1372, 1999 WL 77748

District Court of Appeal of Florida | Filed: Feb 12, 1999 | Docket: 64785952

Published

at offense level 3, earning only 1.6 points. § 921.0012, Fla.Stat. (Supp.1998). Changing this particular

Beiro v. State

739 So. 2d 99, 1999 Fla. App. LEXIS 309, 1999 WL 19135

District Court of Appeal of Florida | Filed: Jan 20, 1999 | Docket: 64790132

Published

scored as a level seven offense. However, section 921.0012(3)(f), Florida Statutes (1995), lists section

Rouse v. State

720 So. 2d 584, 1998 Fla. App. LEXIS 12846, 1998 WL 712807

District Court of Appeal of Florida | Filed: Oct 14, 1998 | Docket: 64784222

Published

the crime in subsections 827.03(2)(a)-(c). Section 921.0012(3), Florida Statutes (1997), classifies an

Sauceda v. State

724 So. 2d 107, 1998 Fla. App. LEXIS 12859, 1998 WL 712912

District Court of Appeal of Florida | Filed: Oct 14, 1998 | Docket: 64785452

Published

occupied dwelling is a level seven offense, see § 921.0012(3)(g), Fla. Stat. (1995), for which the guidelines

Johnson v. State

715 So. 2d 1017, 1998 Fla. App. LEXIS 9052, 1998 WL 406308

District Court of Appeal of Florida | Filed: Jul 22, 1998 | Docket: 64782135

Published

of equal severity as the completed crime. Section 921.0012, which designates the severity ranking of

Hicks v. State

711 So. 2d 1366, 1998 Fla. App. LEXIS 7166, 1998 WL 314736

District Court of Appeal of Florida | Filed: Jun 17, 1998 | Docket: 64781255

Published

section 893.13(1)(a)1 is a level five offense. See § 921.0012, Fla. Stat. (Supp.1994).1 Defendant points out

Ladd v. State

714 So. 2d 533, 1998 Fla. App. LEXIS 7147, 1998 WL 316560

District Court of Appeal of Florida | Filed: Jun 15, 1998 | Docket: 64781849

Published

third-degree felony, ranked in level 3 through 10 of section 921.0012, the offense of criminal attempt is also a

State v. Mendoza

705 So. 2d 1056, 1998 Fla. App. LEXIS 1211, 1998 WL 56307

District Court of Appeal of Florida | Filed: Feb 13, 1998 | Docket: 64778844

Published

reflect a score for a level nine offense. See § 921.0012, Fla. Stat. (1993). Affirmed in part, reversed

Milligan v. Palm Beach County Board of County Commissioners

704 So. 2d 1050, 23 Fla. L. Weekly Supp. 22, 1998 Fla. LEXIS 1

Supreme Court of Florida | Filed: Jan 8, 1998 | Docket: 64778414

Published

as a cause for not pronouncing sentence); id. § 921.12 (county must pay fees of physicians who examine

Henderson v. State

689 So. 2d 1196, 1997 Fla. App. LEXIS 2126, 1997 WL 106968

District Court of Appeal of Florida | Filed: Mar 12, 1997 | Docket: 64771809

Published

than 400 grams is ranked as a level 8 severity. § 921.0012, Fla. Stat. (Supp.1994). Under rule 3.702(d)(6)

Poe v. State

689 So. 2d 333, 1997 Fla. App. LEXIS 1231, 1997 WL 47276

District Court of Appeal of Florida | Filed: Feb 7, 1997 | Docket: 64771620

Published

level 6 and level 4 offenses, respectively. See § 921.0012, Fla. Stat. (1995). He contends that, had the

Wojnar v. City of Tarpon Springs ex rel. Tarpon Springs Police Department

684 So. 2d 197, 1996 Fla. App. LEXIS 10460, 1996 WL 582566

District Court of Appeal of Florida | Filed: Oct 11, 1996 | Docket: 64769523

Published

felony is subject to level one punishment. See § 921.0012(3), Fla. Stat. (1995). Thus, it will normally

Amendments to Florida Rules of Criminal Procedure re Sentencing Guidelines

685 So. 2d 1213, 21 Fla. L. Weekly Supp. 407, 1996 Fla. LEXIS 1631, 1996 WL 547189

Supreme Court of Florida | Filed: Sep 26, 1996 | Docket: 64770228

Published

offense severity ranking chart located at section 921.0012. The offense severity ranking chart employs

Amendments to Florida Rules of Criminal Procedure re Sentencing Guidelines

660 So. 2d 1374, 20 Fla. L. Weekly Supp. 490, 1995 Fla. LEXIS 1555, 1995 WL 555322

Supreme Court of Florida | Filed: Sep 21, 1995 | Docket: 64759124

Published

offense severity ranking chart located at section 921.0012. The offense severity ranking chart employs

Mouissa v. State

652 So. 2d 1282, 1995 Fla. App. LEXIS 3690, 1995 WL 215010

District Court of Appeal of Florida | Filed: Apr 13, 1995 | Docket: 64755356

Published

dwelling, a Level 7 offense carrying 42 points. § 921.0012, Fla.Stat. (1993). The corrected “total sentence

Pentz v. State

642 So. 2d 836, 1994 Fla. App. LEXIS 9157, 1994 WL 515731

District Court of Appeal of Florida | Filed: Sep 23, 1994 | Docket: 64750892

Published

significant, however, that the legislature in section 921.0012 (the offense severity ranking chart) recognizes

Amendments to Florida Rules of Criminal Procedure re Sentencing Guidelines

628 So. 2d 1084, 18 Fla. L. Weekly Supp. 617, 1993 Fla. LEXIS 1928, 1993 WL 490876

Supreme Court of Florida | Filed: Nov 30, 1993 | Docket: 64744908

Published

offense severity ranking chart located at section 921.0012. The offense severity ranking chart employs

Reynolds v. State

622 So. 2d 1139, 1993 Fla. App. LEXIS 8439, 1993 WL 309053

District Court of Appeal of Florida | Filed: Aug 13, 1993 | Docket: 64698254

Published

agree with the state that the amendment to section 921.0012 requires affirmance. Harrelson v. State, 616