(1) At the sentencing hearing, and prior to the imposition of sentence upon any defendant who has been convicted of any felony or who has pleaded guilty or nolo contendere to any crime, including a criminal violation of a provision of chapter 316, the sentencing court shall permit the victim of the crime for which the defendant is being sentenced, the victim’s parent or guardian if the victim is a minor, the lawful representative of the victim or of the victim’s parent or guardian if the victim is a minor, or the next of kin of the victim if the victim has died from causes related to the crime, to:
(a) Appear before the sentencing court for the purpose of making a statement under oath for the record; and
(b) Submit a written statement under oath to the office of the state attorney, which statement shall be filed with the sentencing court.
(2) The state attorney or any assistant state attorney shall advise all victims or, when appropriate, the victim’s parent, guardian, next of kin, or lawful representative that statements, whether oral or written, shall relate to the facts of the case and the extent of any harm, including social, psychological, or physical harm, financial losses, loss of earnings directly or indirectly resulting from the crime for which the defendant is being sentenced, and any matter relevant to an appropriate disposition and sentence.
(3)(a) This subsection shall be known by the popular name the “Officer Cheryl Seiden Act.”
(b) The court may not accept a plea agreement that prohibits a law enforcement officer, correctional officer, or correctional probation officer from appearing or speaking at a parole hearing or clemency hearing.
(c) In any case in which the victim is a law enforcement officer, correctional officer, or correctional probation officer, a plea agreement may not prohibit the officer or an authorized representative of the officer’s employing agency from appearing or providing a statement at the sentencing hearing.
(d) As used in this subsection, the terms “law enforcement officer,” “correctional officer,” “correctional probation officer,” and “employing agency” have the meanings ascribed in s. 943.10.
(e) This subsection does not impair any right afforded under chapter 960 or under s. 16(b), Art. I of the State Constitution.
(4) The court may refuse to accept a negotiated plea and order the defendant to stand trial.
History.—ss. 9, 10, ch. 76-274; s. 3, ch. 84-363; s. 2, ch. 88-196; s. 1, ch. 97-120; s. 4, ch. 2001-209; s. 1, ch. 2004-14.
Structure Florida Statutes
Title XLVII - Criminal Procedure and Corrections
921.0017 - Credit Upon Recommitment of Offender Serving Split Sentence.
921.002 - The Criminal Punishment Code.
921.0022 - Criminal Punishment Code; Offense Severity Ranking Chart.
921.0023 - Criminal Punishment Code; Ranking Unlisted Felony Offenses.
921.0024 - Criminal Punishment Code; Worksheet Computations; Scoresheets.
921.00241 - Prison Diversion Program.
921.0025 - Adoption and Implementation of Revised Sentencing Scoresheets.
921.0026 - Mitigating Circumstances.
921.00265 - Recommended Sentences; Departure Sentences; Mandatory Minimum Sentences.
921.0027 - Criminal Punishment Code and Revisions; Applicability.
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.
921.137 - Imposition of the Death Sentence Upon an Intellectually Disabled Defendant Prohibited.
921.15 - Stay of Execution of Sentence to Fine; Bond and Proceedings.
921.16 - When Sentences to Be Concurrent and When Consecutive.
921.18 - Sentence for Indeterminate Period for Noncapital Felony.
921.185 - Sentence; Restitution a Mitigation in Certain Crimes.
921.186 - Substantial Assistance.
921.187 - Disposition and Sentencing; Alternatives; Restitution.
921.188 - Placement of Certain State Inmates in Local Detention Facilities.
921.20 - Classification Summary; Florida Commission on Offender Review.
921.21 - Progress Reports to Florida Commission on Offender Review.
921.22 - Determination of Exact Period of Imprisonment by Florida Commission on Offender Review.
921.231 - Presentence Investigation Reports.
921.241 - Felony Judgments; Fingerprints Required in Record.
921.242 - Subsequent Offenses Under Chapter 796; Method of Proof Applicable.
921.243 - Offenses Involving Minor Victims; Offender Records.