Florida Statutes
Fla. Stat. § 944.17 (2025)
Commitments and classification; transfers.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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944.17 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.
Notes of Decisions
Cited in 21
cases (1 in the last 5 years), 1982–2024 · leading case: Yisrael v. State, 938 So. 2d 546 (Fla. 4th DCA 2006).
Yisrael v. State, 938 So. 2d 546 (Fla. 4th DCA 2006). “[9] § 944.17(4), Fla. Stat. (2005). [10] § 944.”
Osterback v. Kemp, 300 F. Supp. 2d 1238 (N.D. Fla. 2003). “Analysis Defendants submit that pursuant to Fla. Stat. § 944.17 (7), the Department of Corrections “may transfer prisoners from one institution to another institution in the correctional system and classify and reclassify prisoners as circumstances may require.”
Poore v. State, 503 So. 2d 1282 (Fla. 5th DCA 1987). “Although there may be two commitments (see § 944.17, Fla. Stat.) as to one split sentence when, after having served some time under a prior commitment, a defendant violates probation or community service under a split sentence and is recommitted for service of the remainder or…”
Jackson v. State, 56 So. 3d 65 (Fla. 2d DCA 2011). “See § 944.17(4), Fla. Stat. (2010). The standard form is confusing and makes no reference to an order of revocation of probation or community control.”
Edwards v. Crews, 124 So. 3d 422 (Fla. 1st DCA 2013). “Section 944.17, Florida Statutes does not create a cause of action for prisoners to challenge their detention under a facially valid judgment and sentence and provides no support for any claim of entitlement to immediate release.”
Pierce v. State, 150 So. 3d 1207 (Fla. 2d DCA 2014). “” That form, DC6-306 (Revised 5/3/11), now includes a sentence stating: “In addition to the Original Judgment, if judicial supervision has been revoked subsequent to the entry of the judgment adjudicating guilt, a certified copy of the order revoking supervision (rather than a…”
Whitsett v. Cannon, 139 F. Supp. 3d 1293 (M.D. Fla. 2015). “Defendants also argue that Whitsett’s designation is made under the FDOC’s general authority to maintain order that includes broad discretion in housing classification.”
Sykes v. State, 974 So. 2d 1133 (Fla. 1st DCA 2008). “Melvin Sykes, Appellant, seeks review of a dismissal of his petition for writ of habeas corpus, wherein he complained that the Baker County Correctional Institution had violated section 944.17(5), Florida Statutes, by admitting him on the basis of an incomplete Uniform…”
Girtman v. State, 617 So. 2d 1168 (Fla. 5th DCA 1993). “See § 944.17(1), Fla. Stat. (1991) ("Each prisoner sentenced to the state penitentiary shall be committed by the court to the custody of the department.”
In Re Keppro, 573 So. 2d 140 (Fla. 1st DCA 1991). “Furthermore, under Section 944.17(8), Florida Statutes (1987), the court is required to issue an order to the sheriff to assume temporary custody and transport the state prisoner whose presence is required in court for any reason.”
Sykes v. State, 31 So. 3d 846 (Fla. 1st DCA 2010). “The appellant contends that he has been detained unlawfully because his commitment papers do not meet the requirements of section 944.17(5), Florida Statutes. This statute directs the circuit courts to use a uniform commitment form and it specifies the documents that must be…”
Calvin v. Jefferson Cnty. Bd. of Commissioners, 172 F. Supp. 3d 1292 (N.D. Fla. 2016). “§ 944.17(2), Fla. Stat. (2015); ECF No. 30-8, at 3.”
— 944.17(1) — 3 cases
Girtman v. State, 617 So. 2d 1168 (Fla. 5th DCA 1993). “See § 944.17(1), Fla. Stat. (1991) ("Each prisoner sentenced to the state penitentiary shall be committed by the court to the custody of the department.”
Fletcher v. State, 593 So. 2d 514 (Fla. 5th DCA 1991).
Taylor v. State (Fla. 2d DCA 2017).
— 944.17(2) — 1 case
Calvin v. Jefferson Cnty. Bd. of Commissioners, 172 F. Supp. 3d 1292 (N.D. Fla. 2016). “§ 944.17(2), Fla. Stat. (2015); ECF No. 30-8, at 3.”
— 944.17(4) — 3 cases
Yisrael v. State, 938 So. 2d 546 (Fla. 4th DCA 2006). “[9] § 944.17(4), Fla. Stat. (2005). [10] § 944.”
Jackson v. State, 56 So. 3d 65 (Fla. 2d DCA 2011). “See § 944.17(4), Fla. Stat. (2010). The standard form is confusing and makes no reference to an order of revocation of probation or community control.”
Pierce v. State, 150 So. 3d 1207 (Fla. 2d DCA 2014). “” That form, DC6-306 (Revised 5/3/11), now includes a sentence stating: “In addition to the Original Judgment, if judicial supervision has been revoked subsequent to the entry of the judgment adjudicating guilt, a certified copy of the order revoking supervision (rather than a…”
— 944.17(5) — 5 cases
Edwards v. Crews, 124 So. 3d 422 (Fla. 1st DCA 2013). “Section 944.17, Florida Statutes does not create a cause of action for prisoners to challenge their detention under a facially valid judgment and sentence and provides no support for any claim of entitlement to immediate release.”
Sykes v. State, 974 So. 2d 1133 (Fla. 1st DCA 2008). “Melvin Sykes, Appellant, seeks review of a dismissal of his petition for writ of habeas corpus, wherein he complained that the Baker County Correctional Institution had violated section 944.17(5), Florida Statutes, by admitting him on the basis of an incomplete Uniform…”
Sykes v. State, 31 So. 3d 846 (Fla. 1st DCA 2010). “The appellant contends that he has been detained unlawfully because his commitment papers do not meet the requirements of section 944.17(5), Florida Statutes. This statute directs the circuit courts to use a uniform commitment form and it specifies the documents that must be…”
Carthane v. Crosby, 776 So. 2d 964 (Fla. 1st DCA 2000).
Frederick Webster v. State of Florida (Fla. 1st DCA 2019).
— 944.17(5)(a) — 2 cases
Yisrael v. State, 938 So. 2d 546 (Fla. 4th DCA 2006). “[9] § 944.17(4), Fla. Stat. (2005). [10] § 944.”
Poore v. State, 503 So. 2d 1282 (Fla. 5th DCA 1987). “Although there may be two commitments (see § 944.17, Fla. Stat.) as to one split sentence when, after having served some time under a prior commitment, a defendant violates probation or community service under a split sentence and is recommitted for service of the remainder or…”
— 944.17(7) — 2 cases
Taylor v. State (Fla. 2d DCA 2017).
Morales v. Dixon (N.D. Fla. 2024).
— 944.17(8) — 1 case
In Re Keppro, 573 So. 2d 140 (Fla. 1st DCA 1991). “Furthermore, under Section 944.17(8), Florida Statutes (1987), the court is required to issue an order to the sheriff to assume temporary custody and transport the state prisoner whose presence is required in court for any reason.”
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