Florida Statute 951.21 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 951
COUNTY AND MUNICIPAL PRISONERS

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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.

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Amendments to 951.21

Annotations, Discussions, Cases:

Cases Citing Statute 951.21

Total Results: 21

Nicholas v. Wainwright

152 So. 2d 458

Supreme Court of Florida | Filed: Apr 24, 1963 | Docket: 1185942

Cited 21 times | Published

prisoners, has been revised and is now cited as Section 951.21, Florida Statutes, F.S.A. The Florida Corrections

Van Tassel v. Coffman

486 So. 2d 528

Supreme Court of Florida | Filed: Feb 27, 1986 | Docket: 1407027

Cited 12 times | Published

provisions of the gain time statute set forth in section 951.21 or 944.275, Florida Statutes (1983). There

Prangler v. State

470 So. 2d 105, 10 Fla. L. Weekly 1404

District Court of Appeal of Florida | Filed: Jun 7, 1985 | Docket: 2581445

Cited 10 times | Published

jail is a function of the county commissioners. § 951.21, Fla. Stat. (1983). See also Curry v. Wainwright

Gaston v. State

613 So. 2d 496, 1993 WL 2962

District Court of Appeal of Florida | Filed: Jan 6, 1993 | Docket: 1511332

Cited 6 times | Published

incarceration in the Manatee County Jail. See § 951.21, Fla. Stat. (1991). Gaston later wrote a letter

STATE, DEPT. OF HEALTH & REHAB. v. Myers

696 So. 2d 863

District Court of Appeal of Florida | Filed: May 14, 1997 | Docket: 1326085

Cited 4 times | Published

and may not receive gain-time as provided by section 951.21. We find section 901.35, Florida Statutes to

State v. Castro

491 So. 2d 313, 11 Fla. L. Weekly 1548

District Court of Appeal of Florida | Filed: Jul 9, 1986 | Docket: 1383491

Cited 3 times | Published

the effect of section 27.3455(1) was to amend section 951.21 (county jail gain-time), section 944.275 (state

Perry v. State

639 So. 2d 1090, 1994 WL 369651

District Court of Appeal of Florida | Filed: Jul 15, 1994 | Docket: 1712677

Cited 1 times | Published

jail or gain time earned on the first order. See § 951.21, Fla. Stat. (1991). I note that if after two violations

Adams v. State

387 So. 2d 498

District Court of Appeal of Florida | Filed: Aug 27, 1980 | Docket: 2577257

Cited 1 times | Published

of sentence necessitating the application of section 951.21(1). Petition DENIED. DAUKSCH, C.J., and SHARP

Fox v. Sam Johnson, Chairman Polk County Commissioners

141 So. 3d 709, 2014 WL 2958589, 2014 Fla. App. LEXIS 10147

District Court of Appeal of Florida | Filed: Jul 2, 2014 | Docket: 370358

Published

Commissioners to award him gain time pursuant to section 951.21(1), Florida Statutes (1993), which concerns

Birdsong v. State

875 So. 2d 725, 2004 Fla. App. LEXIS 8021, 2004 WL 1252685

District Court of Appeal of Florida | Filed: Jun 9, 2004 | Docket: 64831110

Published

for good behav*726ior for county prisoners. See § 951.21, Fla. Stat. (2002). Affirmed. SALCINES and SILBERMAN

Ago

Florida Attorney General Reports | Filed: Feb 28, 2001 | Docket: 3256989

Published

county prisoners in excess of that provided in section 951.21, Florida Statutes? In sum: The board of county

Haines v. Broward County Board of Commissioners

695 So. 2d 818, 1997 Fla. App. LEXIS 5830, 1997 WL 280558

District Court of Appeal of Florida | Filed: May 28, 1997 | Docket: 64774312

Published

respondents. Defendant sought gain time pursuant to section 951.21, Florida Statutes (1995), which applies to

State, Department of Health & Rehabilitative Services v. Myers

696 So. 2d 863, 1997 Fla. App. LEXIS 5159

District Court of Appeal of Florida | Filed: May 14, 1997 | Docket: 64774842

Published

and may not receive gain-time as provided by section 951.21. We find section 901.35, Florida Statutes to

Holloway v. Franklin

652 So. 2d 1217, 1995 Fla. App. LEXIS 3374, 1995 WL 141143

District Court of Appeal of Florida | Filed: Apr 4, 1995 | Docket: 64755316

Published

receive no “good or gain time” as provided for by section 951.21, Florida Statutes (1993). Thereafter petitioner

George v. State

651 So. 2d 180, 1995 Fla. App. LEXIS 1639, 1995 WL 67079

District Court of Appeal of Florida | Filed: Feb 21, 1995 | Docket: 64754617

Published

any other form of early release credit. Under section 951.21, Florida Statutes (1993), it is the Board of

DelToro v. State

584 So. 2d 51, 1991 Fla. App. LEXIS 6993, 1991 WL 131914

District Court of Appeal of Florida | Filed: Jul 17, 1991 | Docket: 64660811

Published

credit applied against his sentence. While section 951.21, Florida Statutes (1989), authorizes awards

Waters v. State

520 So. 2d 678, 13 Fla. L. Weekly 543, 1988 Fla. App. LEXIS 688, 1988 WL 14584

District Court of Appeal of Florida | Filed: Mar 1, 1988 | Docket: 64632898

Published

for the purpose of earning gain time under section 951.21, Florida Statutes. We find the rationale of

William v. Lamar

414 So. 2d 1179, 1982 Fla. App. LEXIS 20266

District Court of Appeal of Florida | Filed: Jun 9, 1982 | Docket: 64590442

Published

officials to give him statutory gain time under section 951.-21, Florida Statutes (1981). The statute does

Heatherington v. State

388 So. 2d 1354, 1980 Fla. App. LEXIS 17414

District Court of Appeal of Florida | Filed: Oct 15, 1980 | Docket: 64578373

Published

sentence within the meaning of the statute, section 951.21(1), Florida Statutes (1979), providing statutory

Mackey v. State

310 So. 2d 312, 1975 Fla. App. LEXIS 13965

District Court of Appeal of Florida | Filed: Mar 20, 1975 | Docket: 64545354

Published

credit for his “gain time earned”, pursuant to F.S. § 951.21(1). In this case to start with, the defendant

Joiner v. Sinclair

110 So. 2d 12

Supreme Court of Florida | Filed: Feb 25, 1959 | Docket: 60192077

Published

time of his escape? The applicable statute is § 951.21, Fla. Stat. 1957, F.S.A. (formerly § 954.06, Fla

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