Florida Statute 921.17 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 921
SENTENCE

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F.S. 921.0017

921.0017 Credit upon recommitment of offender serving split sentence.—Effective for offenses committed on or after January 1, 1994, if an offender’s probation or community control is revoked and the offender is serving a split sentence pursuant to s. 948.012, upon recommitment to the Department of Corrections, the court shall order credit for time served in state prison or county jail only, without considering any type of gain-time earned before release to supervision, or any type of sentence reduction granted to avoid prison overcrowding, including, but not limited to, any sentence reduction resulting from administrative gain-time, provisional credits, or control release. The court shall determine the amount of jail-time credit to be awarded for time served between the date of arrest as a violator and the date of recommitment, and shall direct the Department of Corrections to compute and apply credit for all other time served previously on the prior sentence for the offense for which the offender is being recommitted. This section does not affect or limit the department’s authority to forfeit gain-time under ss. 944.28(1) and 948.06(7).

History.—s. 14, ch. 93-406; s. 13, ch. 97-78; s. 15, ch. 97-299; s. 35, ch. 2004-373.

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F.S. 921.0017 on CourtListener

Amendments to 921.0017

Annotations, Discussions, Cases:

Cases Citing Statute 921.0017

Total Results: 44

Joyner v. State

988 So. 2d 670, 2008 WL 2811817

District Court of Appeal of Florida | Filed: Jul 23, 2008 | Docket: 1384585

Cited 12 times | Published

state suggests." Id. at 380 n. 1. See generally § 921.0017, Fla. Stat. (2001) (requiring credit for time

Forbes v. Singletary

684 So. 2d 173, 1996 WL 627533

Supreme Court of Florida | Filed: Oct 31, 1996 | Docket: 1740956

Cited 12 times | Published

forfeited. Most recently, the legislature enacted section 921.0017, Florida Statutes (1995), which eliminated

Gibson v. Florida Dept. of Corrections

885 So. 2d 376, 29 Fla. L. Weekly Supp. 626, 2004 Fla. LEXIS 1829, 2004 WL 2360131

Supreme Court of Florida | Filed: Oct 21, 2004 | Docket: 1685267

Cited 9 times | Published

as part of a split sentence.[7] Similarly, section 921.0017, Florida Statutes (2003), which applies to

In Re Amendments to the Florida Rules of Criminal Procedure

26 So. 3d 534, 34 Fla. L. Weekly Supp. 629, 2009 Fla. LEXIS 1948, 34 Fla. L. Weekly Fed. S 629

Supreme Court of Florida | Filed: Nov 19, 2009 | Docket: 1117422

Cited 7 times | Published

apply credit for time served only pursuant to section 921.0017, Florida Statutes, on case/count ____. (Offenses

Hardenbrook v. State

953 So. 2d 717, 2007 WL 1037843

District Court of Appeal of Florida | Filed: Apr 9, 2007 | Docket: 1337835

Cited 7 times | Published

Hardenbrook credit for prior prison time.[1]See § 921.0017, Fla. Stat. (2005) (providing that when probation

Hardenbrook v. State

953 So. 2d 717, 2007 WL 1037843

District Court of Appeal of Florida | Filed: Apr 9, 2007 | Docket: 1337835

Cited 7 times | Published

Hardenbrook credit for prior prison time.[1]See § 921.0017, Fla. Stat. (2005) (providing that when probation

Moore v. Stephens

804 So. 2d 575, 2002 WL 63324

District Court of Appeal of Florida | Filed: Jan 18, 2002 | Docket: 1699493

Cited 6 times | Published

So.2d 806 (Fla. 3d DCA 2000). Additionally, section 921.0017, Florida Statutes, requires that: Effective

Willingham v. State

781 So. 2d 512, 2001 WL 331899

District Court of Appeal of Florida | Filed: Apr 6, 2001 | Docket: 1292426

Cited 6 times | Published

to have provided written reasons in writing. § 921.0017(3). The state can appeal downward departure sentences

Roberts v. State

154 So. 2d 695

District Court of Appeal of Florida | Filed: May 17, 1963 | Docket: 1320099

Cited 6 times | Published

of 1957. Chap. 57-366, Laws of Florida, F.S.A. § 921.17 et seq. providing for indeterminate sentences

Green v. State

636 So. 2d 830, 1994 WL 169341

District Court of Appeal of Florida | Filed: May 6, 1994 | Docket: 1715386

Cited 5 times | Published

Procedure 3.986); and it is consistent with section 921.0017 (although this section was not applicable

McCall v. State

88 So. 3d 1015, 2012 WL 1870877, 2012 Fla. App. LEXIS 8223

District Court of Appeal of Florida | Filed: May 23, 2012 | Docket: 60308106

Cited 2 times | Published

incarcerative portion of his split sentence. See § 921.0017, Fla. Stat. (1995); Downing v. State, 779 So

Johnson v. State

881 So. 2d 88, 2004 WL 1856753

District Court of Appeal of Florida | Filed: Aug 20, 2004 | Docket: 2586065

Cited 2 times | Published

for time previously served in state prison. See § 921.0017, Fla. Stat. (2003). Therefore, the error is apparent

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

apply credit for time served only pursuant to section 921.0017, Florida Statutes, on case/count ______. (Offenses

Scharman v. Crews

123 So. 3d 147, 2013 WL 5630033, 2013 Fla. App. LEXIS 16470

District Court of Appeal of Florida | Filed: Oct 16, 2013 | Docket: 60234991

Cited 1 times | Published

State, 633 So.2d 482, 483 (Fla. 1st DCA 1994); § 921.0017, Fla. Stat. A defendant is entitled to such credit

Dortly v. State

107 So. 3d 1229, 2013 WL 646650, 2013 Fla. App. LEXIS 2965

District Court of Appeal of Florida | Filed: Feb 22, 2013 | Docket: 60228610

Cited 1 times | Published

State, 633 So.2d 482, 483 (Fla. 1st DCA 1994); § 921.0017, Fla. Stat. (2007). The defendant is entitled

In Re Amendments to Fl. Rules of Crim. Procedure

998 So. 2d 1128, 33 Fla. L. Weekly Supp. 915, 2008 Fla. LEXIS 2207, 2008 WL 4950074

Supreme Court of Florida | Filed: Nov 20, 2008 | Docket: 2541859

Cited 1 times | Published

apply credit for time served only pursuant to section 921.0017, Florida Statutes, on case/count _____. (Offenses

Maxwell v. State of Florida

District Court of Appeal of Florida | Filed: Apr 10, 2024 | Docket: 68422842

Published

had already served on the convictions under section 921.0017, Florida Statutes. Maxwell did not appeal

Donshay M. Brown v. State of Florida

District Court of Appeal of Florida | Filed: Mar 6, 2024 | Docket: 68313503

Published

sentences served on the child-abuse counts, under section 921.0017, Florida Statutes. It also ordered a credit

MAURICE LINDSEY v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Oct 6, 2021 | Docket: 60627029

Published

constitutional safeguards against double jeopardy. See § 921.0017, Fla. Stat. (2021) (providing that when probation

Rey v. State

262 So. 3d 839

District Court of Appeal of Florida | Filed: Dec 19, 2018 | Docket: 8431878

Published

Florida Department of Corrections, pursuant to section 921.0017 of the Florida Statutes, to compute the appropriate

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

apply credit for time served only pursuant to section 921.0017, Florida Statutes, on case/count

In Re: Amendments to the Florida Rules of Criminal Procedure – Corrected Opinion

Supreme Court of Florida | Filed: Feb 18, 2016 | Docket: 3037339

Published

apply credit for time served only pursuant to section 921.0017, Florida Statutes, on case/count

In Re: Amendments to the Florida Rules of Criminal Procedure - Corrected Opinion

Supreme Court of Florida | Filed: Jan 21, 2016 | Docket: 3029854

Published

apply credit for time served only pursuant to section 921.0017, Florida Statutes, on case/count

In Re AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE

188 So. 3d 764, 40 Fla. L. Weekly Supp. 594, 2015 Fla. LEXIS 2949, 2015 WL 10490032

Supreme Court of Florida | Filed: Oct 29, 2015 | Docket: 3008264

Published

apply credit for time served only pursuant to section 921.0017, Florida Statutes, on case/count_. (Offenses

Cade v. State

159 So. 3d 290, 2015 Fla. App. LEXIS 2994, 2015 WL 903968

District Court of Appeal of Florida | Filed: Mar 4, 2015 | Docket: 60246543

Published

v. State, 147 So.3d 1076 (Fla. 3d DCA 2014); § 921.0017, Fla. Stat. (2014) (providing that, following

Jackson v. State

147 So. 3d 1076, 2014 Fla. App. LEXIS 14972, 2014 WL 4724567

District Court of Appeal of Florida | Filed: Sep 24, 2014 | Docket: 60243068

Published

based upon a technical violation). See also, § 921.0017, Fla. Stat. (2014) (providing that, following

Mann v. State

109 So. 3d 1202, 2013 Fla. App. LEXIS 5142, 2013 WL 1234682

District Court of Appeal of Florida | Filed: Mar 27, 2013 | Docket: 60229463

Published

State, 633 So.2d 482, 483 (Fla. 1st DCA 1994); § 921.0017, Fla. Stat. (2007). Dortly v. State, 107 So.3d

Morgan v. State

99 So. 3d 999, 2012 Fla. App. LEXIS 18803, 2012 WL 5350156

District Court of Appeal of Florida | Filed: Oct 31, 2012 | Docket: 60313341

Published

resentenced for violating his probation. See § 921.0017, Fla. Stat. (2009) (upon revocation of probation

Cox v. State

99 So. 3d 609, 2012 Fla. App. LEXIS 18253, 2012 WL 5036416

District Court of Appeal of Florida | Filed: Oct 19, 2012 | Docket: 60313119

Published

So.2d 681, 681 (Fla. 5th DCA 1995); see also § 921.0017, Fla. Stat. (2011); Saavedra v. State, 59 So

Lowndes v. State

98 So. 3d 1271, 2012 Fla. App. LEXIS 18146, 2012 WL 5076166

District Court of Appeal of Florida | Filed: Oct 19, 2012 | Docket: 60312172

Published

941 So.2d 568 (Fla. 1st DCA 2006); see also § 921.0017, Fla. Stat. (2009) (upon revocation of probation

Jacobs v. State

990 So. 2d 587, 2008 WL 2986658

District Court of Appeal of Florida | Filed: Aug 6, 2008 | Docket: 492130

Published

state prison system. This was clearly error. See § 921.0017, Fla. Stat. (2006); Fulcher v. State, 875 So

Criswell v. State

942 So. 2d 1029, 2006 WL 3498437

District Court of Appeal of Florida | Filed: Dec 6, 2006 | Docket: 2543660

Published

credit for prison time served pursuant to section 921.0017, Florida Statutes. Further, the trial judge's

McCrary v. State

934 So. 2d 500, 2005 Fla. App. LEXIS 6476, 2005 WL 1028181

District Court of Appeal of Florida | Filed: May 4, 2005 | Docket: 64845835

Published

the time previously served in state prison. See § 921.0017, Fla. Stat. (2004). Thus, because the July 15

Amendments to the Florida Rules of Criminal Procedure

886 So. 2d 197, 29 Fla. L. Weekly Supp. 568, 2004 Fla. LEXIS 1746, 2004 WL 2248209

Supreme Court of Florida | Filed: Oct 7, 2004 | Docket: 64834033

Published

apply credit for time served only pursuant to section 921.0017, Florida Statutes, on case/count_(Offenses

Amendments to the Florida Rules of Criminal Procedure

886 So. 2d 197, 29 Fla. L. Weekly Supp. 568, 2004 Fla. LEXIS 1746, 2004 WL 2248209

Supreme Court of Florida | Filed: Oct 7, 2004 | Docket: 64834033

Published

apply credit for time served only pursuant to section 921.0017, Florida Statutes, on case/count_(Offenses

Gerald v. State

879 So. 2d 657, 2004 Fla. App. LEXIS 11429, 2004 WL 1737477

District Court of Appeal of Florida | Filed: Aug 4, 2004 | Docket: 64832139

Published

Corrections is left to the Department to compute. See § 921.0017, Fla. Stat. (1997); Newman v. State, 866 So.2d

Phillips v. State

849 So. 2d 1106, 2003 Fla. App. LEXIS 8278, 2003 WL 21276249

District Court of Appeal of Florida | Filed: Jun 4, 2003 | Docket: 64824030

Published

apply credit for time served on count I, see § 921.0017, Fla. Stat. (1999), or, if the trial court’s

State v. Rompre

837 So. 2d 453, 2002 Fla. App. LEXIS 18272, 2002 WL 31777638

District Court of Appeal of Florida | Filed: Dec 13, 2002 | Docket: 64820705

Published

apply credit for time served only pursuant to Section 921.0017, Florida Statutes, in this case. (Offenses

Spaulding v. State

820 So. 2d 1031, 2002 Fla. App. LEXIS 9428, 2002 WL 1431942

District Court of Appeal of Florida | Filed: Jul 3, 2002 | Docket: 64816307

Published

for which the offender is being recommitted.” § 921.0017, Fla. Stat. (1997)(emphasis added).

Nelson v. State

816 So. 2d 1174, 2002 Fla. App. LEXIS 6189, 2002 WL 905310

District Court of Appeal of Florida | Filed: May 8, 2002 | Docket: 64815341

Published

for which the offender is being recommitted. § 921.0017, Fla. Stat. (1997) (emphasis added). Appellant’s

Amendments to the Florida Rules of Criminal Procedure

794 So. 2d 457, 2000 Fla. LEXIS 2556, 2000 WL 1637548

Supreme Court of Florida | Filed: Nov 2, 2000 | Docket: 64808411

Published

apply credit for time served only pursuant to section 921.0017, Florida Statutes, on case/count_(Of-fenses

Moore v. State

755 So. 2d 806, 2000 Fla. App. LEXIS 4568, 2000 WL 390301

District Court of Appeal of Florida | Filed: Apr 19, 2000 | Docket: 64796790

Published

sentence was shortened by 175 days of gain time.1 Section 921.0017, Florida Statutes (1995), provides: 921.0017

Porter v. State

675 So. 2d 234, 1996 Fla. App. LEXIS 6418, 1996 WL 332339

District Court of Appeal of Florida | Filed: Jun 19, 1996 | Docket: 64765267

Published

and ALTENBERND, JJ., concur. . We note that section 921.0017, Florida Statutes (1995), and section 948

Mink v. State

768 So. 2d 1092, 1995 Fla. App. LEXIS 6437, 1995 WL 353538

District Court of Appeal of Florida | Filed: Jun 14, 1995 | Docket: 64800844

Published

crime was committed in 1991. Consequently, section 921.0017, Florida Statutes (1993) does not apply in