Florida/Georgia Personal Injury & Workers Compensation

You're probably overthinking it. Call a lawyer.

Call Now: 904-383-7448
Florida Statute 958.11 - Full Text and Legal Analysis
Florida Statute 958.11 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 958.11 Case Law from Google Scholar Google Search for Amendments to 958.11

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 958
YOUTHFUL OFFENDERS
View Entire Chapter
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  |  Sort by: Relevance  |  Newest First

Copy

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 (11th Cir. 1989).

Cited 408 times | Published | Court of Appeals for the Eleventh Circuit | 14 Fed. R. Serv. 3d 1214, 1989 U.S. App. LEXIS 13995, 1989 WL 99418

...anguage requiring a specific outcome given the existence of the substantive predicates. Thompson , — U.S. at —, 109 S.Ct. at 1910 . In this case, the plaintiff points to three sources to establish the existence of his liberty interest: Fla.Stat. § 958.11; 15 Fla.Admin.Code Ann....
...42 U.S.C. § 1983 (1982). 14 . We note that the defendants admitted at oral argument that they thought it likely that were Barfield sentenced as a youthful offender, he may indeed, have a liberty interest in remaining at a youthful offender facility. 15 . Section 958.11, in effect at the time of the plaintiffs transfer to Florida State Prison provides, in pertinent part: (2) [YJouthful offender facilities and programs shall be used only for youthful offenders, and such youthful offenders shall be segregated from other offenders. Fla.Stat. § 958.11 (1985)....
Copy

Franklin v. State, 526 So. 2d 159 (Fla. 5th DCA 1988).

Cited 21 times | Published | Florida 5th District Court of Appeal | 1988 WL 54214

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

Blacker v. State, 49 So. 3d 785 (Fla. 4th DCA 2010).

Cited 8 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 15807, 2010 WL 4103159

...(1997); § 775.082(3)(b), Fla. Stat. (1997). . A defendant’s status as a youthful offender matters in part because it affects the defendant’s classification within the prison system and the programs and facilities to which the defendant can be assigned. See § 958.11, Fla....
Copy

Trenary v. State, 453 So. 2d 1132 (Fla. 2d DCA 1984).

Cited 8 times | Published | Florida 2nd District Court of Appeal

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

Christian v. State, 84 So. 3d 437 (Fla. 5th DCA 2012).

Cited 6 times | Published | Florida 5th District Court of Appeal | 2012 WL 1121748, 2012 Fla. App. LEXIS 5291

...ntence. See, e.g., Blacker. The issue is also significant in terms of the next topic we will address—youthful offender classification within the Department of Corrections. Issue 3: Youthful Offender Classification within Department of Corrections. Section 958.11, Florida Statutes, requires the Department of Corrections to “designate separate institutions and programs for youthful offenders.” 6 These programs and facilities are required to be made available to offenders sentenced pursuant t...
...or for other reasons. § 958.09, Fla. Stat. (2011). The Department may only place a youthful offender in a non-youthful offender facility under limited circumstances, such as when the youthful offender has been convicted of a new felony offense, see § 958.11(3)(a), Fla....
...Stat. (2011), or “becomes such a serious management or disciplinary problem” that assignment to a youthful offender facility “would be detrimental to the interests of the [youthful offender] program and to other inmates committed thereto.” § 958.11(3)(b), Fla....
...tus” with respect to the original youthful offender sentence. This statement could be correct if by “youthful offender status” the court was referring to a defendant’s classification within the Department of Corrections. As previously noted, section 958.11(3)(a), Florida Statutes, allows the Department of Corrections to essentially reclassify a youthful offender, and transfer that inmate into a regular prison facility, if the offender is convicted of a new felony offense....
Copy

Harvey v. State, 616 So. 2d 521 (Fla. 2d DCA 1993).

Cited 4 times | Published | Florida 2nd District Court of Appeal | 1993 WL 75801

...Stat. (1991). Harvey states that he is "presently confined ... in Charlotte Correctional Institution with mentally impaired prisoners and adult habitual offenders as well as other violent felony offenders rather than at a youth camp or institution." Section 958.11(2) provides that "[y]outhful offender institutions ......
...owing of unlawful confinement. The Department of Corrections is authorized under certain circumstances to remove youthful offenders from its specialized facilities, such as when the prisoner has become "a serious management or disciplinary problem." § 958.11(3)(b)....
Copy

Trenary v. State, 473 So. 2d 820 (Fla. 2d DCA 1985).

Cited 4 times | Published | Florida 2nd District Court of Appeal | 10 Fla. L. Weekly 1917

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

Johnson v. State, 586 So. 2d 1322 (Fla. Dist. Ct. App. 1991).

Published | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 13953, 1991 WL 196294

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

Ago (Fla. Att'y Gen. 1984).

Published | Florida Attorney General Reports

...in lieu of commitment to the custody of the department and for youthful offenders subsequent to release from custody of the department." The Department of Corrections is required to designate and adapt facilities and programs for youthful offenders. Section 958.11 , F.S. The act further directs that insofar as practical, youthful offender facilities and programs shall be used only for youthful offenders, and such offenders shall be segregated from other offenders. Section 958.11 (2), F.S....
...t limit the department's authority to classify persons as youthful offenders to only those persons sentenced as youthful offenders under the Youthful Offender Act, ch. 958 , F.S. Rules of the department, while recognizing the admonition contained in s. 958.11 (2), F.S., to segregate youthful offenders sentenced under s....
...power or executing any duty and responsibility conferred or imposed on the department by these statutes or any other law governing the department's operation of the correctional system. Additionally, the determination under s. 945.025 (2), F.S., and s. 958.11 (2), F.S., concerning the separation and segregation of certain classes of inmates from others is a matter left to the Department of Corrections in the exercise of its sound discretion....
Copy

Lane v. State, 405 So. 2d 285 (Fla. 1st DCA 1981).

Published | Florida 1st District Court of Appeal | 1981 Fla. App. LEXIS 21451

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

Eberhardt v. State, 405 So. 2d 286 (Fla. Dist. Ct. App. 1981).

Published | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 21449

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

Long v. State, 99 So. 3d 997 (Fla. 5th DCA 2012).

Published | Florida 5th District Court of Appeal | 2012 Fla. App. LEXIS 18756, 2012 WL 5272987

...A defendant’s status as a youthful offender matters in part because it affects the defendant’s classification within the prison system and the programs and facilities to which the defendant can be assigned. Blacker v. State, 49 So.3d 785 , 787 n. 2 (Fla. 4th DCA 2010); see also § 958.11, Fla....
Copy

Riley v. State, 743 So. 2d 148 (Fla. Dist. Ct. App. 1999).

Published | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 13672, 1999 WL 821311

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

State v. Lezcano, 586 So. 2d 1287 (Fla. Dist. Ct. App. 1991).

Published | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 9740, 1991 WL 193117

...e system and less harsh than the adult system.” Allen v. State, 526 So.2d 69, 70 (Fla.1988). The Act states that the courts have the power to “adjudicate” and “sentence” individuals as youthful offenders, §§ 958.03(5), 958.04(1), 958.07, 958.11(2), 958.13, Fla.Stat....
...he sealing of their criminal records. § 958.13, Fla.Stat. (1989). Departmental “classification” occurs after judicial sentencing. The Department of Corrections merely determines what programs and facilities an individual can be assigned to. See § 958.11(6), Fla.Stat....
Copy

Kirkman v. State, 598 So. 2d 232 (Fla. Dist. Ct. App. 1992).

Published | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 4988, 1992 WL 92423

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

Stancil v. State, 405 So. 2d 426 (Fla. Dist. Ct. App. 1981).

Published | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 19929

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

Bready v. State, 430 So. 2d 997 (Fla. Dist. Ct. App. 1983).

Published | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 19743

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

State v. Dishman, 5 So. 3d 773 (Fla. 4th DCA 2009).

Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 2215, 2009 WL 690823

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

Chauncey Davis v. State, 223 So. 3d 1106 (Fla. 5th DCA 2017).

Published | Florida 5th District Court of Appeal | 2017 WL 2821931, 2017 Fla. App. LEXIS 9508

...Alabama, 567 U.S. 460 (2012). Horsley v. State, 160 So. 3d 393, 394 (Fla. 2015). 4 which the defendant can be assigned.” Id. at 998 (citing Blacker v. State, 49 So. 3d 785, 787 n.2 (Fla. 4th DCA 2010); § 958.11, Fla....
Copy

Cannon v. State, 384 So. 2d 970 (Fla. 3d DCA 1980).

Published | Florida 3rd District Court of Appeal | 1980 Fla. App. LEXIS 16927

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

State of Florida v. Harry James Chubbuck, 141 So. 3d 1163 (Fla. 2014).

Published | Supreme Court of Florida | 39 Fla. L. Weekly Supp. 437, 2014 WL 2765926, 2014 Fla. LEXIS 1982

...disability; (2) which requires specialized treatment; and (3) the defendant is amenable22 to such treatment. We additionally note that our Legislature has included “specialized treatment otherwise not available” language in a separate statute, section 958.11(3)(c), Florida Statutes (2013). Section 958.11(3)(c) authorizes the DOC to assign a youthful offender to a facility not designed for the care, custody, control, and supervision of youthful offenders if the offender needs “specialized treatment otherwise not available at the youthful offender facility.” § 958.11(3)(c), Fla....
Copy

Christopher Thomas v. State of Florida, 244 So. 3d 1131 (Fla. 4th DCA 2018).

Published | Florida 4th District Court of Appeal

...4th DCA 2014) (citation and internal quotation marks omitted). The reason for this requirement is because “[a] youthful offender designation carries certain benefits within the criminal justice system that are not available to non-youthful offender prisoners.” Id. at 1025; § 958.11, Fla....
Copy

Guerrero v. State, 407 So. 2d 261 (Fla. Dist. Ct. App. 1981).

Published | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 21851

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

Hogan v. State, 401 So. 2d 1172 (Fla. Dist. Ct. App. 1981).

Published | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 20711

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

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.