Florida Statute 921.161 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 921
SENTENCE

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F.S. 921.161

921.161 Sentence not to run until imposed; credit for county jail time after sentence; certificate of custodian of jail.—

(1) A sentence of imprisonment shall not begin to run before the date it is imposed, but the court imposing a sentence shall allow a defendant credit for all of the time she or he spent in the county jail before sentence. The credit must be for a specified period of time and shall be provided for in the sentence.

(2) In addition to other credits, a person sentenced to imprisonment in custody of the Department of Corrections shall receive credit on her or his sentence for all time spent between sentencing and being placed in custody of the department. When delivering a prisoner to the department, the custodian of the local jail shall certify to it in writing:

(a) The date the sentence was imposed and the date the prisoner was delivered to the department.

(b) The dates of any periods after sentence the prisoner was at liberty on bond.

(d) The offender-based transaction system number or numbers from the uniform arrest report or reports established pursuant to s. 943.05(2).

The certificate shall be prima facie evidence of the facts certified.

History.—s. 1, ch. 63-457; ss. 19, 35, ch. 69-106; s. 125, ch. 70-339; s. 1, ch. 70-441; s. 1, ch. 73-71; s. 14, ch. 77-120; s. 25, ch. 79-3; s. 13, ch. 86-187; s. 1544, ch. 97-102; s. 3, ch. 2000-179.

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Amendments to 921.161

Arrestable Offenses / Crimes under Fla. Stat. 921.161

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 921.161.

Annotations, Discussions, Cases:

Cases Citing Statute 921.161

Total Results: 20

Desmond Murray v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-11-15

Snippet: between his arrest and sentence. See § 921.161(1), Fla. Stat. (2007). In 2009, Murray sought

WILLIAM DELEON PEREZ v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-11-29

Snippet: Administrative Code Rule 23- 21.011(1) (2022), section 921.161, Florida Statutes (2022), and Valdespino v. State

WILLIAM DELEON PEREZ v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-09-22

Snippet: Administrative Code Rule 23- 21.011(1) (2022), section 921.161, Florida Statutes (2022), and Valdespino v. State

WILTON KEN HERBERT v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2022-11-02

Snippet: sentencing but before transfer to state prison. See § 921.161(2), Fla. Stat. (2005).”). WARNER, DAMOORGIAN and

THE STATE OF FLORIDA v. DUANE LAMAR JONES

Court: District Court of Appeal of Florida | Date Filed: 2022-02-09

Snippet: sentence, for time spent on house arrest. See § 921.161(1), Fla. Stat. (2020) (providing in relevant part:

OSMANY HARO v. THE STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2021-07-14

Snippet: because the rule refers to Florida Statute Section 921.161 (2012), and the Florida Supreme Court held that

JOEL BRADFORD CRIPE v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2020-09-09

Snippet: while awaiting resentencing. Under section 921.161(1), Florida Statutes (2002), “the court imposing

SHANE HARDISON v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-05-08

Citation: 271 So. 3d 1230

Snippet: entitlement to post-sentencing credit. Section 921.161(1), (2), Florida Statutes (2018), “requires the

MICHAEL P. MONROE, JR. v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-05-03

Citation: 270 So. 3d 513

Snippet: days of credit that he has been granted. See § 921.161(1), Fla. Stat. (2016) ("[T]he court imposing

Barbesco v. State

Court: District Court of Appeal of Florida | Date Filed: 2019-02-05

Citation: 264 So. 3d 338

Snippet: So.2d 681, 681 (Fla. 5th DCA 1995) ("[Section 921.161(1) ] establishes that jail time credit is not forfeited

Joseph A. Barbesco v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2019-02-05

Citation: 264 So. 3d 338

Snippet: (“[Section 2 921.161(1)] establishes that jail time credit is not forfeited

Calafell v. State

Court: District Court of Appeal of Florida | Date Filed: 2019-01-09

Citation: 263 So. 3d 216

Snippet: Florida to face charges in the instant case. See § 921.161(1), Fla. Stat. (2006) (providing: “A sentence

Colton v. State

Court: District Court of Appeal of Florida | Date Filed: 2018-12-27

Citation: 259 So. 3d 327

Snippet: December 1, 2016, the date of sentencing. See § 921.161, Fla. Stat. (2016) ; Kendrigan v. State , 941 So

Edward Leonard Colton v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2018-12-27

Snippet: December 1, 2016, the date of sentencing. See § 921.161, Fla. Stat. (2016); Kendrigan v. State, 941 So

Ayeni v. State

Court: District Court of Appeal of Florida | Date Filed: 2018-12-21

Citation: 259 So. 3d 322

Snippet: provided in section 921.161, Florida Statutes." Fla. R. Crim. P. 3.801 ; see § 921.161, Fla. Stat. (2018)

Rivera v. State

Court: District Court of Appeal of Florida | Date Filed: 2018-10-24

Citation: 257 So. 3d 1142

Snippet: pre-sentence prison credit pursuant to section 921.161(2), Florida Statutes, constitutes an illegal sentence

KEVIN JEROME BLACK v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2018-10-10

Citation: 257 So. 3d 559

Snippet: jail credit to which a defendant is entitled. § 921.161(1), Fla. Stat. (2016) (mandating that an award

CALEB FERNANDEZ v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2018-09-14

Citation: 254 So. 3d 1182

Snippet: jail before sentencing as provided in section 921.161, Florida Statutes." (Emphasis added.) Mr

Evans v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-12-13

Citation: 237 So. 3d 1068

Snippet: of jail time credit is mandatory under section 921.161, Florida Statutes, unless the record clearly shows

State v. Bray

Court: District Court of Appeal of Florida | Date Filed: 2017-01-18

Citation: 211 So. 3d 155, 2017 Fla. App. LEXIS 489

Snippet: credit for time spent on community control. Section 921.161(1), Florida Statutes (2015), governs jail-time