Florida Statutes
Fla. Stat. § 922.051 (2025)
Imprisonment in county jail, term of 1 year or less.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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922.051 Imprisonment in county jail, term of 1 year or less.—When a statute expressly directs that imprisonment be in a state prison, the court may impose a sentence of imprisonment in the county jail if the total of the prisoner’s cumulative sentences is not more than 1 year.
Notes of Decisions
Cited in 45
cases, 1963–2016 · leading case: Kline v. State, 509 So. 2d 1178 (Fla. 1st DCA 1987).
Kline v. State, 509 So. 2d 1178 (Fla. 1st DCA 1987). “Appellant contends that this is an illegal sentence, in violation of section 922.051, Florida Statutes (1985), and impermissibly departs from the sentencing guidelines recommended sentence without a statement of clear and convincing reasons.”
Singleton v. State, 554 So. 2d 1162 (Fla. 1990). “The district court affirmed the consecutive sentence, concluding that the sentence was within the presumptive guideline recommendation of "any nonstate prison sanction," and that the guidelines superseded statutes that prohibited imprisonment in the county jail for sentences…”
State v. Jones, 327 So. 2d 18 (Fla. 1976). “The defendant did not violate his probation but contended the sentence imposed was in excess of the maximum limits because of the provision of Section 922.051, Florida Statutes, which prescribed that a court might impose a sentence of imprisonment in the county jail if the total…”
Armstrong v. State, 656 So. 2d 455 (Fla. 1995). “In reconciling the sentencing guidelines and section 922.051, Florida Statutes (1987), this Court concluded that the one-year county jail limitation of section 922.”
Dade Cnty. v. Baker ex rel. Dade Cnty., 258 So. 2d 511 (Fla. 3d DCA 1972). “The statute to which the County refers is F.S.A. § 922.051 which reads as follows: “922.”
Williams v. State, 280 So. 2d 518 (Fla. 3d DCA 1973). “It is apparent from the record that the trial court, having adjudicated the appellant guilty of a felony punishable by imprisonment in the State penitentiary, elected to sentence the appellant to the County jail pursuant to the provisions of § 922.051, Fla. Stat. [1] , F.S.A.,…”
Cheney v. State, 640 So. 2d 103 (Fla. 4th DCA 1994). “1st DCA 1985) (incarceration for felonies may not cumulatively exceed one year if county facilities are used); Fla. Stat. § 922.051 (1991). The state does not dispute appellant's contention that the special condition of probation was illegal.”
Flores v. State, 974 So. 2d 556 (Fla. 5th DCA 2008). “In challenging the validity of his sentence, Flores relies primarily on section 922.051, Florida Statutes (2006), and our *559 decision in Fleming v.”
Dade Cnty. v. Baker, 265 So. 2d 700 (Fla. 1972). “" The question is raised within the context of Fla. Stat. § 922.051 , F.S.A. The petition for writ of certiorari was granted and we have heard oral arguments.”
Amrein v. State, 504 So. 2d 783 (Fla. 1st DCA 1987). “*785 Section 922.051, Florida Statutes, proscribes any county jail term exceeding one year where a statute expressly directs that imprisonment be in a state prison.”
Griner v. State, 523 So. 2d 789 (Fla. 5th DCA 1988). “187(1)(e) and section 922.051, Florida Statutes (1987) following a felony conviction would receive credit for prior jail time, while a prisoner in the next cell serving an identical term of 364 days as a condition of probation, would not.”
Jones v. State, 296 So. 2d 519 (Fla. 3d DCA 1974). “By § 922.051 Fla. Stat., F.S.A., the defendant could be sentenced thereon to imprisonment in the county jail with a one-year limitation.”
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