921.241
Felony judgments; fingerprints required in record.
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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.
Notes of Decisions
Cited in 17
cases (2 in the last 5 years), 1978–2023 · leading case: Louis v. State
Louis v. State (1994)
“" § 921.241(2), Fla. Stat. (1991). Section 921.”
Watford v. State (1978)
“The judgment appealed is affirmed; however, the cause is remanded to the trial court for the purpose of imposing judgment and sentence in the manner and form required by Section 921.241, Florida Statutes. SMITH, Acting C.”
Jones v. State (1990)
“Finally, we find no merit to Jones's claim that reversal is mandated because the trial judge failed to comply with section 921.241(1), Florida Statutes (1987), which requires the judge to affix the defendant's fingerprints to a judgment of guilt.”
Hayes v. State (1986)
“As a portion of the sentencing process required by section 921.241, Florida Statutes (1981), Mr.”
In Re Amend. to Fla. Rules of Cr. Proc. (1992)
“The Form for Judgment is amended to add a signature line required by section 921.241, Florida Statutes (1991).”
Bunting v. State (1978)
“The trial court also failed to cause appellant's fingerprints to be affixed to the written judgment of guilt as required by Section 921.241(1), Florida Statutes (1977).”
Keith v. State (2003)
“24, Florida Statutes (1975) (currently section 921.241, Florida Statutes (2002)), which requires that every felony judgment be in writing, with the fingerprints of the defendant affixed thereon, and that any such judgment is admissible as prima facie evidence that the…”
Dolan v. State (2016)
“” The *268 rule, however, appears to have been written to comply with chapter 75-23, Laws of Florida, and section 921.241, Florida Statutes (1975), which require fingerprints to be affixed- to “every written judgment” reflecting guilt of a “felony.”
Roberts v. State (1996)
“A judgment and sentence along with the defendant's fingerprints must be entered in all felony convictions whether the defendant is an adult or a juvenile sentenced as an adult.”
Meehan v. State (1981)
“Meehan's second alleged conviction occurred in 1977, but the judgment did not include any fingerprints to connect it to Meehan as required by section 921.241. We note, however, that the state could still have sought enhancement if it could have connected the conviction to Meehan…”
Gray v. State (2016)
“In the case of a felony conviction, the fingerprints are required not only by the form but also by statute, See § 921.241, Fla. Stat. (2011). These omissions on the “memo of sentence” are not mere “variations from these forms” that “do not void” a judgment under rule 3.”
Ramos v. State (1981)
“However, appellant’s fingerprints are not affixed to the order constituting the judgment and sentence as required by section 921.241, Florida Statutes (1979).”
— 921.241(1) — 5 cases
Jones v. State (1990)
“Finally, we find no merit to Jones's claim that reversal is mandated because the trial judge failed to comply with section 921.241(1), Florida Statutes (1987), which requires the judge to affix the defendant's fingerprints to a judgment of guilt.”
Watford v. State (1978)
“The judgment appealed is affirmed; however, the cause is remanded to the trial court for the purpose of imposing judgment and sentence in the manner and form required by Section 921.241, Florida Statutes. SMITH, Acting C.”
Bunting v. State (1978)
“The trial court also failed to cause appellant's fingerprints to be affixed to the written judgment of guilt as required by Section 921.241(1), Florida Statutes (1977).”
Nevels v. State (2009)
— 921.241(2) — 2 cases
Louis v. State (1994)
“" § 921.241(2), Fla. Stat. (1991). Section 921.”
Hayes v. State (1986)
“As a portion of the sentencing process required by section 921.241, Florida Statutes (1981), Mr.”
— 921.241(2)(a) — 1 case
Kleckley v. State of Florida (2023)
— 921.241(3) — 1 case
Louis v. State (1994)
“" § 921.241(2), Fla. Stat. (1991). Section 921.”
— 921.241(3)(a) — 1 case
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