Fla. Stat. 921.1401
Sentence of life imprisonment for persons who are under the age of 18 years at the time of the offense; sentencing proceedings

(1)

Upon conviction or adjudication of guilt of an offense described in s. 775.082(1)(b), s. 775.082(3)(a)5., s. 775.082(3)(b)2., or s. 775.082(3)(c) which was committed on or after July 1, 2014, the court may conduct a separate sentencing hearing to determine if a term of imprisonment for life or a term of years equal to life imprisonment is an appropriate sentence.

(2)

In determining whether life imprisonment or a term of years equal to life imprisonment is an appropriate sentence, the court shall consider factors relevant to the offense and the defendant’s youth and attendant circumstances, including, but not limited to:The nature and circumstances of the offense committed by the defendant.The effect of the crime on the victim’s family and on the community.The defendant’s age, maturity, intellectual capacity, and mental and emotional health at the time of the offense.The defendant’s background, including his or her family, home, and community environment.The effect, if any, of immaturity, impetuosity, or failure to appreciate risks and consequences on the defendant’s participation in the offense.The extent of the defendant’s participation in the offense.The effect, if any, of familial pressure or peer pressure on the defendant’s actions.The nature and extent of the defendant’s prior criminal history.The effect, if any, of characteristics attributable to the defendant’s youth on the defendant’s judgment.The possibility of rehabilitating the defendant.

(a)

The nature and circumstances of the offense committed by the defendant.

(b)

The effect of the crime on the victim’s family and on the community.

(c)

The defendant’s age, maturity, intellectual capacity, and mental and emotional health at the time of the offense.

(d)

The defendant’s background, including his or her family, home, and community environment.

(e)

The effect, if any, of immaturity, impetuosity, or failure to appreciate risks and consequences on the defendant’s participation in the offense.

(f)

The extent of the defendant’s participation in the offense.

(g)

The effect, if any, of familial pressure or peer pressure on the defendant’s actions.

(h)

The nature and extent of the defendant’s prior criminal history.

(i)

The effect, if any, of characteristics attributable to the defendant’s youth on the defendant’s judgment.

(j)

The possibility of rehabilitating the defendant.

Source: Section 921.1401 — Sentence of life imprisonment for persons who are under the age of 18 years at the time of the offense; sentencing proceedings, https://www.­flsenate.­gov/Laws/Statutes/2024/0921.­1401 (accessed Aug. 7, 2025).

921.002
The Criminal Punishment Code 921.09
Fees of physicians who determine sanity at time of sentence 921.12
Fees of physicians when pregnancy is alleged as cause for not pronouncing sentence 921.15
Stay of execution of sentence to fine 921.16
When sentences to be concurrent and when consecutive 921.0017
Credit upon recommitment of offender serving split sentence 921.18
Sentence for indeterminate period for noncapital felony 921.20
Classification summary 921.21
Progress reports to Florida Commission on Offender Review 921.0021
Definitions 921.22
Determination of exact period of imprisonment by Florida Commission on Offender Review 921.0023
Criminal Punishment Code 921.0024
Criminal Punishment Code 921.0025
Adoption and implementation of revised sentencing scoresheets 921.0026
Mitigating circumstances 921.0027
Criminal Punishment Code and revisions 921.137
Imposition of the death sentence upon an intellectually disabled defendant prohibited 921.141
Sentence of death or life imprisonment for capital felonies 921.142
Sentence of death or life imprisonment for capital drug trafficking felonies 921.143
Appearance of victim, next of kin, or law enforcement, correctional, or correctional probation officer to make statement at sentencing hearing 921.161
Sentence not to run until imposed 921.185
Sentence 921.186
Substantial assistance 921.187
Disposition and sentencing 921.188
Placement of certain state inmates in local detention facilities 921.231
Presentence investigation reports 921.241
Felony judgments 921.00241
Prison diversion program 921.242
Subsequent offenses under chapter 796 921.243
Offenses involving minor victims 921.244
Order of no contact 921.00265
Recommended sentences 921.1401
Sentence of life imprisonment for persons who are under the age of 18 years at the time of the offense 921.1402
Review of sentences for persons convicted of specified offenses committed while under the age of 18 years 921.1425
Sentence of death or life imprisonment for capital sexual battery 921.1426
Sentence of death for capital offense committed by unauthorized alien

Current through Fall 2025

§ 921.1401. Sentence of life imprisonment for persons who are under the age of 18 years at the time of the offense; sentencing proceedings's source at flsenate​.gov