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The 2024 Florida Statutes
(including 2025 Special Session C)
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F.S. 944.17944.17 Commitments and classification; transfers.—(1) Each prisoner sentenced to the state penitentiary shall be committed by the court to the custody of the department. (2) Each prisoner committed to the custody of the department shall be conveyed to such institution, facility, or program in the correctional system as the department shall direct, in accordance with its classification scheme. (3)(a) Notwithstanding the provisions of s. 948.03, only those persons who are convicted and sentenced in circuit court to a cumulative sentence of incarceration for 1 year or more, whether sentence is imposed in the same or separate circuits, may be received by the department into the state correctional system. Such persons shall be delivered to the custody of the department at such reception and classification centers as shall be provided for this purpose. (b) Notwithstanding paragraph (a), any prisoner incarcerated in the state correctional system or contractor-operated correctional facility operated pursuant to chapter 957 who is convicted in circuit or county court of a crime committed during that incarceration shall serve the sentence imposed for that crime within the state correctional system regardless of the length of sentence or classification of the offense. (c)1. When the highest ranking offense for which the prisoner is convicted is a felony, the trial court shall sentence the prisoner pursuant to the Criminal Punishment Code in chapter 921. 2. When the highest ranking offense for which the prisoner is convicted is a misdemeanor, the trial court shall sentence the prisoner pursuant to s. 775.082(4). (4) The department shall design and supply to the clerks of the circuit courts a uniform commitment form to be completed by the clerks and used in the issuing of commitments to the department of all persons convicted and sentenced in their respective courts. The department shall adopt the uniform judgment and sentence forms as promulgated by the Supreme Court in Rule 3.986, Florida Rules of Criminal Procedure. (5) The department shall also refuse to accept a person into the state correctional system unless the following documents are presented in a completed form by the sheriff or chief correctional officer, or a designated representative, to the officer in charge of the reception process. The department may, at its discretion, receive such documents electronically:(a) The uniform commitment and judgment and sentence forms as described in subsection (4). (b) The sheriff’s certificate as described in s. 921.161. (c) A certified copy of the indictment or information relating to the offense for which the person was convicted. (d) A copy of the probable cause affidavit for each offense identified in the current indictment or information. (e) A copy of the Criminal Punishment Code scoresheet and any attachments thereto prepared pursuant to Rule 3.701, Rule 3.702, or Rule 3.703, Florida Rules of Criminal Procedure, or any other rule pertaining to the preparation of felony sentencing scoresheets. (f) A copy of the restitution order or the reasons by the court for not requiring restitution pursuant to s. 775.089(1). (g) The name and address of any victim, if available. (h) A printout of a current criminal history record as provided through an FCIC/NCIC printer. (i) Any available health assessments including medical, mental health, and dental, including laboratory or test findings; custody classification; disciplinary and adjustment; and substance abuse assessment and treatment information which may have been developed during the period of incarceration before the transfer of the person to the department’s custody. Available information shall be transmitted on standard forms developed by the department. In addition, the sheriff or other officer having such person in charge shall also deliver with the foregoing documents any available presentence investigation reports as described in s. 921.231 and any attached documents. After a prisoner is admitted into the state correctional system, the department may request such additional records relating to the prisoner as it considers necessary from the clerk of the court, the Department of Children and Families, or any other state or county agency for the purpose of determining the prisoner’s proper custody classification, gain-time eligibility, or eligibility for early release programs. An agency that receives such a request from the department must provide the information requested. The department may, at its discretion, receive such information electronically. (6) If a person is sentenced by a circuit court to serve a term of imprisonment concurrently with a term being served in another jurisdiction, the sheriff or chief correctional officer shall notify the department of the location at which such person is serving such term of imprisonment and shall forward to the department the documents described in subsection (5). (7) Pursuant to such regulations as it may provide, the department may transfer prisoners from one institution to another institution in the correctional system and classify and reclassify prisoners as circumstances may require. (8) If a state prisoner’s presence is required in court for any reason after the sheriff or chief correctional officer has relinquished custody to the department, the court shall issue an order for the sheriff or chief correctional officer to assume temporary custody and transport the prisoner to the county jail pending the court appearance. The sheriff or chief correctional officer, or a designated representative, shall present a copy of the order to appropriate officers at the facility housing the prisoner prior to assuming temporary custody of the prisoner. Neither the court nor the sheriff or chief correctional officer may release such prisoner without first obtaining confirmation from the department that the prisoner has no commitments from other jurisdictions or outstanding detainers. It is the responsibility of the clerk of the circuit court to provide the department’s central office with certified copies of each court action that affects a state commitment. History.—s. 15, ch. 57-121; s. 18, ch. 61-530; ss. 19, 35, ch. 69-106; s. 42, ch. 77-120; s. 51, ch. 79-3; s. 2, ch. 85-288; s. 2, ch. 87-211; s. 4, ch. 89-526; s. 18, ch. 91-225; s. 13, ch. 91-280; s. 3, ch. 92-310; s. 7, ch. 93-37; s. 29, ch. 97-194; s. 15, ch. 98-204; s. 310, ch. 99-8; s. 1, ch. 2001-93; s. 321, ch. 2014-19; s. 30, ch. 2016-224; s. 3, ch. 2017-31; s. 19, ch. 2024-84.
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Annotations, Discussions, Cases:
Cases Citing Statute 944.17
Total Results: 18
938 So. 2d 546, 31 Fla. L. Weekly Fed. D 2178
District Court of Appeal of Florida | Filed: Aug 16, 2006 | Docket: 1673668
Cited 55 times | Published
25(2), Fla. Stat. (2005).
[9] § 944.17(4), Fla. Stat. (2005).
[10] § 944.17(5)(a), Fla. Stat. (2005).
[11]
300 F. Supp. 2d 1238, 2003 U.S. Dist. LEXIS 24537, 2003 WL 23217783
District Court, N.D. Florida | Filed: Oct 15, 2003 | Docket: 2428420
Cited 17 times | Published
Defendants submit that pursuant to FLA. STAT. § 944.17(7), the Department of Corrections "may transfer
696 F.2d 1304, 1983 U.S. App. LEXIS 30934
Court of Appeals for the Eleventh Circuit | Filed: Jan 31, 1983 | Docket: 770536
Cited 12 times | Published
committing such prisoners.
Fla.Stat.Ann. § 944.17 (West 1982) provides:
The department shall
503 So. 2d 1282, 12 Fla. L. Weekly 450
District Court of Appeal of Florida | Filed: Feb 5, 1987 | Docket: 1453615
Cited 9 times | Published
sentence. Although there may be two commitments (see § 944.17, Fla. Stat.) as to one split sentence when, after
31 So. 3d 846, 2010 Fla. App. LEXIS 2071, 2010 WL 624229
District Court of Appeal of Florida | Filed: Feb 24, 2010 | Docket: 1451328
Cited 3 times | Published
commitment papers do not meet the requirements of section 944.17(5), Florida Statutes. This statute directs
974 So. 2d 1133, 2008 WL 351105
District Court of Appeal of Florida | Filed: Feb 11, 2008 | Docket: 1717752
Cited 3 times | Published
County Correctional Institution had violated section 944.17(5), Florida Statutes, by admitting him on the
617 So. 2d 1168, 1993 WL 167712
District Court of Appeal of Florida | Filed: May 21, 1993 | Docket: 1512557
Cited 3 times | Published
Corrections which occurs after sentencing. See § 944.17(1), Fla. Stat. (1991) ("Each prisoner sentenced
56 So. 3d 65, 2011 Fla. App. LEXIS 2285, 2011 WL 923961
District Court of Appeal of Florida | Filed: Feb 25, 2011 | Docket: 60298618
Cited 2 times | Published
designed and supplies to the circuit courts. See § 944.17(4), Fla. Stat. (2010). The standard form is confusing
776 So. 2d 964, 2000 WL 1867572
District Court of Appeal of Florida | Filed: Dec 22, 2000 | Docket: 1521369
Cited 2 times | Published
sentencing guidelines scoresheet.
Finally, section 944.17(5), Florida Statutes (1999), states that DOC
573 So. 2d 140, 1991 WL 2321
District Court of Appeal of Florida | Filed: Jan 10, 1991 | Docket: 1518802
Cited 2 times | Published
the terms of the section.
Furthermore, under Section 944.17(8), Florida Statutes (1987), the court is required
172 F. Supp. 3d 1292, 2016 WL 1122884, 2016 U.S. Dist. LEXIS 36121
District Court, N.D. Florida | Filed: Mar 19, 2016 | Docket: 64307770
Cited 1 times | Published
has no say in where he will serve his sentence. § 944.17(2), Fla. Stat. (2015); ECF No. 30-8, at 3.
B.
150 So. 3d 1207, 2013 Fla. App. LEXIS 21142, 2014 WL 5900034
District Court of Appeal of Florida | Filed: Nov 14, 2014 | Docket: 2597990
Cited 1 times | Published
66-67 (Altenbernd, J., concurring) (citing section 944.17(4), Florida Statutes (2010)). The Department
124 So. 3d 422, 2013 Fla. App. LEXIS 17056, 2013 WL 5779485
District Court of Appeal of Florida | Filed: Oct 25, 2013 | Docket: 60235491
Cited 1 times | Published
Correctional Institution without full compliance with section 944.17(5), Florida Statutes, the writ of ha-beas corpus
800 So. 2d 225, 26 Fla. L. Weekly Supp. 743, 2001 Fla. LEXIS 2264, 2001 WL 1380024
Supreme Court of Florida | Filed: Nov 8, 2001 | Docket: 64810295
Cited 1 times | Published
as "The Florida Corrections Code of 1957.” Section 944.17, Florida Statutes (1999), entitled "Commitments
District Court of Appeal of Florida | Filed: Oct 30, 2019 | Docket: 16401542
Published
declaratory judgment to
determine the validity of section 944.17, Florida Statutes (2017),
concerning commitment
District Court of Appeal of Florida | Filed: Dec 6, 2017 | Docket: 6236456
Published
"Central Office" back to
the county. See § 944.17(7), Fla. Stat. (2016) ("[T]he department
Florida Attorney General Reports | Filed: Nov 20, 1998 | Docket: 3258421
Published
See, ss. 957.06(4)-(8), Fla. Stat.
16 See, section 944.17(1), Fla. Stat., providing that each prisoner
429 So. 2d 1360, 1983 Fla. App. LEXIS 19202
District Court of Appeal of Florida | Filed: Apr 21, 1983 | Docket: 64596490
Published
section. Moreover, the commitment issued pursuant to § 944.17, Florida Statutes, recites that Woodard was sentenced
