The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 921
SENTENCE

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F.S. 921.241

921.241 Felony judgments; fingerprints required in record.—

(1) As used in this section, the term:

(a) “Electronic signature” has the same meaning as in s. 933.40.

(b) “Transaction control number” means the unique identifier comprised of numbers, letters, or other symbols for a digital fingerprint record generated by the device used to electronically capture the fingerprints.

(2) A judgment of guilty or not guilty of a felony must be in:

(a) A written record that is signed by the judge and recorded by the clerk of the court; or

(b) An electronic record that contains the judge’s electronic signature and is recorded by the clerk of the court.

(3) A judge shall cause the fingerprints of a defendant who is found guilty of a felony to be manually taken or electronically captured. If the fingerprints are:

(a) Manually taken, the fingerprints must be filed in the case in which the judgment of guilty is entered. Beneath such fingerprints shall be appended a certification to the following effect:

“I hereby certify that the above and foregoing fingerprints are the fingerprints of the defendant, (name) , and that they were placed thereon by said defendant in my presence this the day of , (year) .”

The court officer, the employee of the court, or the employee of a criminal justice agency who manually took the fingerprints shall place his or her written signature on the certification.

(b) Electronically captured, the following certification must be filed in the case in which the judgment of guilty is entered:

“I hereby certify that the digital fingerprint record associated with Transaction Control Number contains the fingerprints of the defendant, (name) , which were electronically captured from the defendant in my presence this the day of , (year) .”

The court officer, the employee of the court, or the employee of a criminal justice agency who electronically captured the fingerprints shall place his or her written or electronic signature on the certification.

(4) A written or electronic judgment of guilty, or a certified copy thereof, is admissible in evidence in the several courts of this state as prima facie evidence that the:

(a) Manual fingerprints filed in the case in which the judgment of guilty is entered and certified as set forth in this section are the fingerprints of the defendant against whom the judgment of guilty was rendered.

(b) Digital fingerprint record associated with the transaction control number specified in the certification required by this section and filed in the case in which the judgment of guilty is entered contains the fingerprints of the defendant against whom the judgment of guilty was rendered.

History.—s. 1, ch. 75-23; s. 1, ch. 90-88; s. 48, ch. 96-312; s. 38, ch. 99-6; s. 6, ch. 2019-98; s. 10, ch. 2021-230.

F.S. 921.241 on Google Scholar

F.S. 921.241 on Casetext

Amendments to 921.241

Arrestable Offenses / Crimes under Fla. Stat. 921.241

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 921.241.

Annotations, Discussions, Cases:

Cases from cite.case.law:

GRAY, v. STATE, 198 So. 3d 780 (Fla. Dist. Ct. App. 2016)

. . . a felony conviction, the fingerprints are required not only by the form but also by statute, See § 921.241 . . .

DOLAN, v. STATE, 187 So. 3d 262 (Fla. Dist. Ct. App. 2016)

. . . rule, however, appears to have been written to comply with chapter 75-23, Laws of Florida, and section 921.241 . . .

L. NEVELS, v. STATE, 6 So. 3d 117 (Fla. Dist. Ct. App. 2009)

. . . record does not contain a formal judgment with appellant’s fingerprints affixed, as required by section 921.241 . . .

WALKER, Jr. v. STATE, 988 So. 2d 6 (Fla. Dist. Ct. App. 2007)

. . . Certified judgments are generally admissible in evidence under sections 90.902 and 921.241, Florida Statutes . . .

KEITH, a k a v. STATE, 844 So. 2d 715 (Fla. Dist. Ct. App. 2003)

. . . Chapter 75-23 created section 921.24, Florida Statutes (1975) (currently section 921.241, Florida Statutes . . .

KING, v. STATE, 681 So. 2d 1136 (Fla. 1996)

. . . offender or a habitual violent felony offender, the court shall fingerprint the defendant pursuant to s. 921.241 . . .

R. ROBERTS, v. STATE, 677 So. 2d 1 (Fla. Dist. Ct. App. 1996)

. . . See § 921.241, Fla.Stat. (1993). . . .

LOUIS, v. STATE, 647 So. 2d 324 (Fla. Dist. Ct. App. 1994)

. . . the purpose of identifying the offender, “the court shall fingerprint the defendant pursuant to s. 921.241 . . . Section 921.241(2), Florida Statutes (1991), requires the court to affix the defendant’s fingerprints . . . Section 921.241(3) makes a judgment that complies with section 921.241(2) admissible in court as prima . . . The certified copies of the predicate felonies conformed to section 921.241(2) and were admissible. . . . The fingerprint cards were not, therefore, admissible under section 921.241(3). . . .

PRIDGEON, v. STATE, 605 So. 2d 1004 (Fla. Dist. Ct. App. 1992)

. . . The certified copies of judgments and convictions were admissible under Section 921.241, Florida Statutes . . .

In AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE, 606 So. 2d 227 (Fla. 1992)

. . . The Form for Judgment is amended to add a signature line required by section 921.241, Florida Statutes . . .

JONES, v. STATE, 569 So. 2d 1234 (Fla. 1990)

. . . merit to Jones’s claim that reversal is mandated because the trial judge failed to comply with section 921.241 . . .

KING, v. STATE, 557 So. 2d 899 (Fla. Dist. Ct. App. 1990)

. . . offender or a habitual violent felony offender, the court shall fingerprint the defendant pursuant to s. 921.241 . . .

PARKER, v. STATE, 546 So. 2d 727 (Fla. 1989)

. . . felony offender or an habitual misde-meanant, the court shall fingerprint the defendant pursuant to s. 921.241 . . .

WHITEHEAD, v. STATE, 498 So. 2d 863 (Fla. 1986)

. . . felony offender or an habitual misde-meanant, the court shall fingerprint the defendant pursuant to s. 921.241 . . .

HAYES, v. STATE, 488 So. 2d 77 (Fla. Dist. Ct. App. 1986)

. . . As a portion of the sentencing process required by section 921.241, Florida Statutes (1981), Mr. . . . Section 921.241(2), further provides: Any such written judgment of guilty of a felony, or a certified . . .

C. BROWN a k a O. v. STATE, 457 So. 2d 1079 (Fla. Dist. Ct. App. 1984)

. . . felony offender or an habitual misde-meanant, the court shall fingerprint the defendant pursuant to s. 921.241 . . .

RAMOS, v. STATE, 429 So. 2d 318 (Fla. Dist. Ct. App. 1981)

. . . fingerprints are not affixed to the order constituting the judgment and sentence as required by section 921.241 . . .

M. MEEHAN, v. STATE, 397 So. 2d 1214 (Fla. Dist. Ct. App. 1981)

. . . 1977, but the judgment did not include any fingerprints to connect it to Meehan as required by section 921.241 . . .

EUTSEY, v. STATE, 383 So. 2d 219 (Fla. 1980)

. . . felony offender or an habitual misde-meanant, the court shall fingerprint the defendant pursuant to s. 921.241 . . .

BUNTING, v. STATE, 361 So. 2d 810 (Fla. Dist. Ct. App. 1978)

. . . and obtaining the fingerprints of appellant on the written judgment of guilt as prescribed by Section 921.241 . . .

STATE E. GERSTEIN, v. R. SCHWARTZ,, 357 So. 2d 167 (Fla. 1978)

. . . Schwartz, Circuit Judge of the Eleventh Judicial Circuit, to perform his legal duty under Section 921.241 . . . Section 921.241(1), Florida Statutes, requires judges to have the fingerprints of defendants, convicted . . . Judge Schwartz is directed to comply with Section 921.241, Florida Statutes. . . . J., and BOYD, ENGLAND, SUNDBERG, HATCHETT and KARL, JJ., concur. . 921.241 Felony judgments; fingerprints . . . certificate shall be signed by the judge, whose signature thereto shall be followed by the word “Judge.” . 921.241 . . .

WATFORD, v. STATE, 353 So. 2d 1263 (Fla. Dist. Ct. App. 1978)

. . . certified as to defendant’s fingerprints but not to the judgment and sentence as required by Section 921.241 . . . court for the purpose of imposing judgment and sentence in the manner and form required by Section 921.241 . . .