921.0017
Credit upon recommitment of offender serving split sentence.
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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.
Notes of Decisions
Cited in 42
cases (4 in the last 5 years), 1994–2026 · leading case: Moore v. Stephens
Moore v. Stephens (2002)
“Additionally, section 921.0017, Florida Statutes, requires that: 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.”
Hardenbrook v. State (2007)
“[1] See § 921.0017, Fla. Stat. (2005) (providing that when probation is revoked, the sentencing court shall order credit for time served in state prison or county jail, upon recommitment to the Department of Corrections, and "shall direct the Department of Corrections to compute…”
Joyner v. State (2008)
“See generally § 921.0017, Fla. Stat. (2001) (requiring credit for time served in certain split sentence cases).”
Forbes v. Singletary (1996)
“Most recently, the legislature enacted section 921.0017, Florida Statutes (1995), which eliminated all credit for any type of gain time earned prior to the revocation of probation with respect to offenses committed on or after January 1, 1994.”
Amendments to the Florida Rules of Criminal Procedure (2004)
“The Department of Corrections shall apply original jail time credit and shall compute and apply credit for time served only pursuant to section 921.0017, Florida Statutes, on case/count_(Offenses committed on or after January 1, 1994) Consecutive/Concurrent as to Other Counts It…”
In Re Amendments to the Florida Rules of Criminal Procedure (2009)
“The Department of Corrections shall apply original jail time credit and shall compute and apply credit for time served only pursuant to section 921.0017, Florida Statutes, on case/ count_(Offenses committed on or after January 1, 1994) Consecutive/Concurrent as to Other Counts…”
Gibson v. Florida Dept. of Corrections (2004)
“[7] Similarly, section 921.0017, Florida Statutes (2003), which applies to offenses committed on or after January 1, 1994, specifies that upon revocation of probation when an offender is serving a "split sentence pursuant to section 948.”
In Re AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE (2015)
“The Department of Corrections shall apply original jail time credit and shall compute and apply credit for time served only pursuant to section 921.0017, Florida Statutes, on case/count_.”
Johnson v. State (2004)
“See § 921.0017, Fla. Stat. (2003). Therefore, the error is apparent on the face of the record, and the trial court should have corrected the sentence.”
Amendments to the Florida Rules of Criminal Procedure (2000)
“The Department of Corrections shall apply original jail time credit and shall compute and apply credit for time served only pursuant to section 921.0017, Florida Statutes, on case/count_(Of-fenses committed on or after January 1,1994) Consecutive/Concurrent as to Other Counts It…”
Dortly v. State (2013)
“1st DCA 1994); § 921.0017, Fla. Stat. (2007). The defendant is entitled to such credit even when it results in a “windfall” requiring immediate release.”
McCall v. State (2012)
“See § 921.0017, Fla. Stat. (1995); Downing v.”
— 921.0017(3) — 1 case
Willingham v. State (2001)
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