Florida Statutes

Fla. Stat. § 951.21 (2025)

Gain-time for good conduct for county prisoners.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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951.21 Gain-time for good conduct for county prisoners.—

(1) Commutation of time for good conduct of county prisoners shall be granted by the board of county commissioners unless, by a majority vote of the board of county commissioners, the board elects to discontinue or revise gain-time policies for good conduct. If the board of commissioners authorizes commutation of time for good conduct, the following deductions shall be made from the term of sentence when no charge of misconduct has been sustained against a county prisoner: up to 5 days per month off the first and second years of the sentence; up to 10 days per month off the third and fourth years of the sentence; up to 15 days per month off the fifth and all succeeding years of the sentence. Where no charge of misconduct is sustained against a county prisoner, the deduction shall be deemed earned and the prisoner shall be entitled to credit for a month as soon as the prisoner has served such time as, when added to the deduction allowable, will equal a month. A county prisoner under two or more cumulative sentences shall be allowed commutation as if they were all one sentence.

(2) For each sustained charge of escape or attempted escape, mutinous conduct, or other serious misconduct, all the commutation which shall have accrued in favor of a county prisoner up to that day shall be forfeited, except that in case of escape if the prisoner voluntarily returns without expense to the state or county then such forfeiture may be set aside by the board of county commissioners if in its judgment the prisoner’s subsequent conduct entitles him or her thereto.

(3) The board of county commissioners, upon recommendation of the warden or sheriff, may adopt a policy to allow for county prisoners, in addition to time credits, an extra good-time allowance for meritorious conduct or exceptional industry not to exceed 5 days per month.

(4) All or any part of the gain-time earned by a county prisoner and any extra gain-time allowed him or her, if any, shall be subject to forfeiture by the board of county commissioners upon recommendation of the sheriff or warden for violation of any law of the state or any rule or regulation of the board or institution.

History.—s. 23, ch. 3883, 1889; RS 3059; GS 4140; s. 1, ch. 6177, 1911; s. 1, ch. 6917, 1915; RGS 6231; CGL 8567; s. 1, ch. 18065, 1937; s. 1, ch. 19199, 1939; s. 1, ch. 25210, 1949; s. 1, ch. 28300, 1953; s. 1, ch. 61-347; s. 1, ch. 65-220; ss. 19, 35, ch. 69-106; ss. 1, 2, ch. 70-441; s. 98, ch. 77-120; s. 501, ch. 81-259; s. 1700, ch. 97-102; s. 2, ch. 99-361.

Note.—Former s. 954.06.

Notes of Decisions

Cited in 19 cases, 1959–2014 · leading case: Van Tassel v. Coffman, 486 So. 2d 528 (Fla. 1986).

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Van Tassel v. Coffman, 486 So. 2d 528 (Fla. 1986). · cites it 2× “Van Tassel agrees that he has not served the 364 days, but avers that the designated time should be shortened by provisions of the gain time statute set forth in section 951.21 or 944.275, Florida Statutes (1983).”

Prangler v. State, 470 So. 2d 105 (Fla. 2d DCA 1985). · cites it 2× “§ 951.21, Fla. Stat. (1983). See also Curry v.”

Gaston v. State, 613 So. 2d 496 (Fla. 2d DCA 1993). · cites it 3× “See § 951.21, Fla. Stat. (1991). Gaston later wrote a letter informing the circuit court that the Department of Corrections "has decided to outright disobey your court order.”

Nicholas v. Wainwright, 152 So. 2d 458 (Fla. 1963). · cites it 2× “06, supra, to the extent applicable to county prisoners, has been revised and is now cited as Section 951.21, Florida Statutes, F.S.A. The Florida Corrections Code of 1957 was adopted by Chapter 57-121, Laws of 1957, and now comprises Chapter 944, Florida Statutes, F.”

DelToro v. State, 584 So. 2d 51 (Fla. 2d DCA 1991). · cites it 3× “While section 951.21, Florida Statutes (1989), authorizes awards of gain time to county prisoners, we believe the statute is intended to apply only to county jail sentences, and not to pretrial detainees such as DelToro who ultimately are transferred to the custody of the…”

Haines v. Broward Cnty. Bd. of Commissioners, 695 So. 2d 818 (Fla. 4th DCA 1997). · cites it 3× “Defendant sought gain time pursuant to section 951.21, Florida Statutes (1995), which applies to gain time for good conduct of county prisoners.”

Perry v. State, 639 So. 2d 1090 (Fla. 2d DCA 1994). · cites it 2× “See § 951.21, Fla. Stat. (1991). I note that if after two violations of probation the trial court had simply imposed a standard split sentence on this second-degree felony, the sentence could have included a substantial period of imprisonment.”

State v. Castro, 491 So. 2d 313 (Fla. 2d DCA 1986). “3455(1) was to amend section 951.21 (county jail gain-time), section 944.”

Mackey v. State, 310 So. 2d 312 (Fla. 1st DCA 1975). · cites it 3× “nths in County Jail plus 2 years probation, said sentence to begin June 26, 1973, and that he had served the jail sentence at the time of filing the petition for habeas corpus if he had been given credit for his “gain time earned”, pursuant to F.S. § 951.21(1). In this case to…”

Waters v. State, 520 So. 2d 678 (Fla. 1st DCA 1988). · cites it 2× “In Van Tassel , the supreme court held a probation order that includes incarceration as a condition becomes a sentence for the purpose of earning gain time under section 951.21, Florida Statutes. We find the rationale of Van Tassel applies to the facts of this case where, as a…”

Fox v. Sam Johnson, Chairman Polk Cnty. Commissioners, 141 So. 3d 709 (Fla. 2d DCA 2014). · cites it 5× “4th DCA 1997) (affirming denial of petition for writ of mandamus that had been sought to require sheriff and county commissioners to award defendant gain time pursuant to section 951.21, Florida Statutes (1995), for time the defendant was in temporary custody of the sheriff,…”

Adams v. State, 387 So. 2d 498 (Fla. 5th DCA 1980). · cites it 2× “In this case the order of probation does not constitute the imposition of sentence necessitating the application of section 951.21(1). Petition DENIED. DAUKSCH, C.”

Show all 19 citing cases →

— 951.21(1) — 4 cases

Mackey v. State, 310 So. 2d 312 (Fla. 1st DCA 1975). “nths in County Jail plus 2 years probation, said sentence to begin June 26, 1973, and that he had served the jail sentence at the time of filing the petition for habeas corpus if he had been given credit for his “gain time earned”, pursuant to F.S. § 951.21(1). In this case to…”

Adams v. State, 387 So. 2d 498 (Fla. 5th DCA 1980). “In this case the order of probation does not constitute the imposition of sentence necessitating the application of section 951.21(1). Petition DENIED. DAUKSCH, C.”

Fox v. Sam Johnson, Chairman Polk Cnty. Commissioners, 141 So. 3d 709 (Fla. 2d DCA 2014). “4th DCA 1997) (affirming denial of petition for writ of mandamus that had been sought to require sheriff and county commissioners to award defendant gain time pursuant to section 951.21, Florida Statutes (1995), for time the defendant was in temporary custody of the sheriff,…”

Heatherington v. State, 388 So. 2d 1354 (Fla. 5th DCA 1980).

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