Florida Statute 922.051 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 922
EXECUTION

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F.S. 922.051

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.

History.—s. 1, ch. 59-72; s. 1, ch. 61-168; s. 1, ch. 67-241; s. 132, ch. 70-339.

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Amendments to 922.051

Annotations, Discussions, Cases:

Cases Citing Statute 922.051

Total Results: 46

State v. Jones

327 So. 2d 18

Supreme Court of Florida | Filed: Jan 14, 1976 | Docket: 1716252

Cited 66 times | Published

THE COUNTY JAIL (FOR A PERIOD AS PERMITTED BY § 922.051 FLA. STAT., F.S.A.), WITH DIRECTION THAT HE BE

Williams v. State

280 So. 2d 518

District Court of Appeal of Florida | Filed: Jul 10, 1973 | Docket: 1687484

Cited 27 times | Published

the County jail pursuant to the provisions of § 922.051, Fla. Stat.[1], F.S.A., which provides for a maximum

Cheney v. State

640 So. 2d 103, 1994 WL 375809

District Court of Appeal of Florida | Filed: Jul 20, 1994 | Docket: 1718995

Cited 14 times | Published

of probation on felony conviction, violated section 922.051 which prohibits imposition of county jail term

Singleton v. State

554 So. 2d 1162, 1990 WL 888

Supreme Court of Florida | Filed: Jan 4, 1990 | Docket: 1319321

Cited 12 times | Published

serve a term greater than one year violated section 922.051, Florida Statutes (1987), because the judgment

Dade County v. Baker

265 So. 2d 700

Supreme Court of Florida | Filed: Jul 14, 1972 | Docket: 1394926

Cited 12 times | Published

question is raised within the context of Fla. Stat. § 922.051, F.S.A. The petition for writ of certiorari was

Griner v. State

523 So. 2d 789, 1988 WL 34670

District Court of Appeal of Florida | Filed: Apr 21, 1988 | Docket: 1517217

Cited 9 times | Published

alternative under section 921.187(1)(e) and section 922.051, Florida Statutes (1987) following a felony

Lewis v. State

298 So. 2d 540

District Court of Appeal of Florida | Filed: Aug 9, 1974 | Docket: 1438958

Cited 6 times | Published

decision was based upon an interpretation of F.S. § 922.051 (1971) and F.S. § 948.01(4) (1971). The first

Basic Energy Corp. v. Hamilton County

652 So. 2d 1237, 1995 WL 147367

District Court of Appeal of Florida | Filed: Apr 6, 1995 | Docket: 1385399

Cited 5 times | Published

section 921.161, Florida Statutes (1993). Section 922.051, Florida Statutes (1993) also recognizes the

Armstrong v. State

656 So. 2d 455, 1995 WL 298928

Supreme Court of Florida | Filed: May 18, 1995 | Docket: 1683830

Cited 4 times | Published

reconciling the sentencing guidelines and section 922.051, Florida Statutes (1987), this Court concluded

Fleming v. State

637 So. 2d 945, 1994 WL 226573

District Court of Appeal of Florida | Filed: May 27, 1994 | Docket: 756978

Cited 4 times | Published

bodily injury conviction. Fleming claims that section 922.051 prohibits the imposition of the one year county

Gwynn v. ORANGE CTY. BD. OF CTY. COMM'RS

527 So. 2d 866

District Court of Appeal of Florida | Filed: Jun 16, 1988 | Docket: 529937

Cited 4 times | Published

County jail for more than one year, relying on section 922.051, Florida Statutes (1985) which says: When a

Kline v. State

509 So. 2d 1178, 12 Fla. L. Weekly 1572

District Court of Appeal of Florida | Filed: Jun 25, 1987 | Docket: 1715514

Cited 4 times | Published

this is an illegal sentence, in violation of section 922.051, Florida Statutes (1985), and impermissibly

Mancebo v. State

338 So. 2d 268

District Court of Appeal of Florida | Filed: Oct 19, 1976 | Docket: 326151

Cited 4 times | Published

county jail is one year. Appellant argues that Section 922.051 Florida Statutes (1975) and the cases of Dade

Smith v. State

311 So. 2d 775

District Court of Appeal of Florida | Filed: Feb 18, 1975 | Docket: 1776300

Cited 4 times | Published

sentence in the county jail is one year. Fla. Stat. § 922.051; Dade County v. Baker, 265 So.2d 700 (Fla. 1972)

Amrein v. State

504 So. 2d 783, 12 Fla. L. Weekly 787

District Court of Appeal of Florida | Filed: Mar 18, 1987 | Docket: 453584

Cited 3 times | Published

first degree misdemeanor convictions. *785 Section 922.051, Florida Statutes, proscribes any county jail

Jones v. State

296 So. 2d 519

District Court of Appeal of Florida | Filed: Jun 18, 1974 | Docket: 1616435

Cited 3 times | Published

for a period not in excess of five years. By § 922.051 Fla. Stat., F.S.A., the defendant could be sentenced

Waters v. State

290 So. 2d 503

District Court of Appeal of Florida | Filed: Feb 28, 1974 | Docket: 450765

Cited 3 times | Published

imprisonment in the state penitentiary. F.S. Section 922.051, F.S.A., provides as follows: "When a statute

Flores v. State

974 So. 2d 556, 2008 WL 397454

District Court of Appeal of Florida | Filed: Feb 15, 2008 | Docket: 1717501

Cited 2 times | Published

of his sentence, Flores relies primarily on section 922.051, Florida Statutes (2006), and our *559 decision

Leach v. State

774 So. 2d 899, 2001 WL 6181

District Court of Appeal of Florida | Filed: Jan 3, 2001 | Docket: 1330649

Cited 2 times | Published

which he asserted that his sentence violated section 922.051, Florida Statute (1999), because the total

Reynolds v. State

293 So. 2d 743

District Court of Appeal of Florida | Filed: Apr 16, 1974 | Docket: 1622727

Cited 2 times | Published

provisions of Section 948.01(4) with Fla. Stat. § 922.051, F.S.A. which provides: "When a statute expressly

Michell v. State Ex Rel. Callahan

154 So. 2d 701

District Court of Appeal of Florida | Filed: May 24, 1963 | Docket: 1319862

Cited 2 times | Published

HARRY N., Associate Judge, concur. NOTES [1] Section 922.051, Florida Statutes, F.S.A., would permit the

Vega v. State

6 So. 3d 109, 2009 Fla. App. LEXIS 2953, 2009 WL 838385

District Court of Appeal of Florida | Filed: Apr 1, 2009 | Docket: 1120927

Cited 1 times | Published

consecutive to a prison sentence is illegal. See § 922.051, Fla. Stat. (1999) (providing: "When a statute

Brown v. State

232 So. 2d 55

District Court of Appeal of Florida | Filed: Feb 12, 1970 | Docket: 1713149

Cited 1 times | Published

serve up to 1 year in county jail. Then see F.S. 922.051, F.S.A. Compare also a conviction of manslaughter

Orange County v. State

187 So. 3d 322, 2016 WL 830275

District Court of Appeal of Florida | Filed: Feb 29, 2016 | Docket: 3045465

Published

year.” (internal quotation marks omitted). Section 922.051 provides: Imprisonment in county jail

Mills v. State

740 So. 2d 1214, 1999 Fla. App. LEXIS 10710, 1999 WL 596938

District Court of Appeal of Florida | Filed: Aug 11, 1999 | Docket: 64790833

Published

sentenced to county jail in excess of one year. See § 922.051, Fla. Stat. (1998); Monteleone v. State, 702 So

Monteleone v. State

702 So. 2d 595, 1997 Fla. App. LEXIS 13350, 1997 WL 740934

District Court of Appeal of Florida | Filed: Dec 3, 1997 | Docket: 64777287

Published

imposed at the same sentencing hearing. Singleton; § 922.051, Fla. Stat. (1995). Due to the fact that appellant’s

State v. Troutman

685 So. 2d 1290, 21 Fla. L. Weekly Supp. 561, 1996 Fla. LEXIS 2136, 1996 WL 727130

Supreme Court of Florida | Filed: Dec 19, 1996 | Docket: 64770235

Published

This case involves the interpretation of section 922.051, Florida Statutes (1995), which reads as follows:

Davila v. State

680 So. 2d 1145, 1996 Fla. App. LEXIS 11120, 1996 WL 604452

District Court of Appeal of Florida | Filed: Oct 23, 1996 | Docket: 64768155

Published

Id. at 280 and authorities cited therein; see § 922.051, Fla. Stat. The sentencing orders are reversed

Bennett v. State

672 So. 2d 634, 1996 Fla. App. LEXIS 4371, 1996 WL 200224

District Court of Appeal of Florida | Filed: Apr 26, 1996 | Docket: 64764079

Published

exceed the one-year limitation set forth in section 922.051, Florida Statutes (1995). We conclude that

Meadows v. State

671 So. 2d 279, 1996 Fla. App. LEXIS 3544, 1996 WL 165404

District Court of Appeal of Florida | Filed: Apr 10, 1996 | Docket: 64763728

Published

661 So.2d 960, 961 (Fla. 3d DCA 1995) (citing § 922.051, Fla.Stat. (1993) and Singleton v. State, 554

Hayes v. State

669 So. 2d 1170, 1996 Fla. App. LEXIS 3297, 1996 WL 143613

District Court of Appeal of Florida | Filed: Apr 1, 1996 | Docket: 64763238

Published

remand for imposition of concurrent sentences. § 922.051, Fla.Stat.; Gilbert v. State, 661 So.2d 960 (Fla

Hayes v. State

669 So. 2d 1170, 1996 Fla. App. LEXIS 3297, 1996 WL 143613

District Court of Appeal of Florida | Filed: Apr 1, 1996 | Docket: 64763238

Published

remand for imposition of concurrent sentences. § 922.051, Fla.Stat.; Gilbert v. State, 661 So.2d 960 (Fla

Trogdon v. State

670 So. 2d 177, 1996 Fla. App. LEXIS 3055, 1996 WL 134586

District Court of Appeal of Florida | Filed: Mar 27, 1996 | Docket: 64763385

Published

The reasoning of these cases is based on section 922.051, Florida Statutes (1993), which provides: When

Bachman v. State

680 So. 2d 473, 1996 Fla. App. LEXIS 2360, 1996 WL 108426

District Court of Appeal of Florida | Filed: Mar 13, 1996 | Docket: 64767849

Published

v. State, 509 So.2d 1178 (Fla. 1st DCA 1987); § 922.051, Fla.Stat. (1995). The sentences are therefore

Gilbert v. State

661 So. 2d 960, 1995 Fla. App. LEXIS 11383, 1995 WL 623510

District Court of Appeal of Florida | Filed: Oct 25, 1995 | Docket: 64759544

Published

incarceration in the county jail may not exceed one year. § 922.051, Fla. Stat. (1993); Singleton v. State, 554 So

Dewitt v. State

639 So. 2d 694, 1994 WL 321729

District Court of Appeal of Florida | Filed: Jul 8, 1994 | Docket: 2555889

Published

2d 1178 (Fla. 1st DCA 1987) (improper under section 922.051, Florida Statutes to impose county jail time

Whichard v. State

630 So. 2d 231, 1994 Fla. App. LEXIS 330, 1994 WL 20930

District Court of Appeal of Florida | Filed: Jan 28, 1994 | Docket: 64745773

Published

Singleton v. State, 554 So.2d 1162 (Fla.1990); § 922.051, Fla.Stat. (1991); § 921.001(5)(6), Fla.Stat.

Anderson v. State

617 So. 2d 827, 1993 Fla. App. LEXIS 4761, 1993 WL 136606

District Court of Appeal of Florida | Filed: May 3, 1993 | Docket: 64695897

Published

incarcerated for a term not to exceed one year. Section 922.051, Florida Statutes, which applies only to felonies

Lusink v. State

576 So. 2d 935, 1991 Fla. App. LEXIS 2623, 1991 WL 41018

District Court of Appeal of Florida | Filed: Mar 28, 1991 | Docket: 64657488

Published

and no reason for departure need be given. Section 922.051 Florida Statutes (1989) provides: Imprisonment

Webb v. State

561 So. 2d 1367, 1990 Fla. App. LEXIS 4179, 1990 WL 79115

District Court of Appeal of Florida | Filed: Jun 14, 1990 | Docket: 64650864

Published

county jail for a period in excess of a year. Section 922.051, Florida Statutes (1987) does not apply here

Robinson v. State

548 So. 2d 908, 14 Fla. L. Weekly 2214, 1989 Fla. App. LEXIS 5153, 1989 WL 109527

District Court of Appeal of Florida | Filed: Sep 21, 1989 | Docket: 64644867

Published

interrupted sentences.' (2) They are violative of Section 922.051, Florida Statutes, which provides that when

Singleton v. State

540 So. 2d 233, 14 Fla. L. Weekly 754, 1989 Fla. App. LEXIS 1602

District Court of Appeal of Florida | Filed: Mar 23, 1989 | Docket: 64641166

Published

Singleton contends that his sentence violates section 922.051, which provides: When a statute expressly directs

Gwynn v. Orange County Board of County Commissioners

527 So. 2d 866, 13 Fla. L. Weekly 1423, 1988 Fla. App. LEXIS 2535

District Court of Appeal of Florida | Filed: Jun 16, 1988 | Docket: 64635735

Published

County jail for more than one year, relying on section 922.051, Florida Statutes (1985) which says: When a

Broxton v. State

453 So. 2d 98, 1984 Fla. App. LEXIS 13726

District Court of Appeal of Florida | Filed: Jun 21, 1984 | Docket: 64606008

Published

consecutively rendered the order illegal under § 922.051, Fla.Stat. (1983) and Dade County v. Baker, 265

Willner v. State

350 So. 2d 1108, 1977 Fla. App. LEXIS 16822

District Court of Appeal of Florida | Filed: Oct 4, 1977 | Docket: 64560706

Published

original sentence to be legal. Pursuant to Section 922.051, Florida Statutes (1973) the judge properly

Dade County v. Baker ex rel. Dade County

258 So. 2d 511, 1972 Fla. App. LEXIS 7276

District Court of Appeal of Florida | Filed: Feb 29, 1972 | Docket: 64524595

Published

through cumulative sentences was prohibited by § 922.051 Fla.Stat., F.S.A. If, however, as the majority