Home
Menu
904-383-7448
F.S. 921.241 on Google Scholar

F.S. 921.241 on Casetext

Amendments to 921.241


The 2022 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 921
SENTENCE
View Entire Chapter
F.S. 921.241 Florida Statutes and Case Law
921.241 Felony judgments; fingerprints required in record.
(1) As used in this section, the term:
(a) “Electronic signature” has the same meaning as in s. 933.40.
(b) “Transaction control number” means the unique identifier comprised of numbers, letters, or other symbols for a digital fingerprint record generated by the device used to electronically capture the fingerprints.
(2) A judgment of guilty or not guilty of a felony must be in:
(a) A written record that is signed by the judge and recorded by the clerk of the court; or
(b) An electronic record that contains the judge’s electronic signature and is recorded by the clerk of the court.
(3) A judge shall cause the fingerprints of a defendant who is found guilty of a felony to be manually taken or electronically captured. If the fingerprints are:
(a) Manually taken, the fingerprints must be filed in the case in which the judgment of guilty is entered. Beneath such fingerprints shall be appended a certification to the following effect:

“I hereby certify that the above and foregoing fingerprints are the fingerprints of the defendant,   (name)  , and that they were placed thereon by said defendant in my presence this the   day of  ,   (year)  .”

The court officer, the employee of the court, or the employee of a criminal justice agency who manually took the fingerprints shall place his or her written signature on the certification.

(b) Electronically captured, the following certification must be filed in the case in which the judgment of guilty is entered:

“I hereby certify that the digital fingerprint record associated with Transaction Control Number   contains the fingerprints of the defendant,   (name)  , which were electronically captured from the defendant in my presence this the   day of  ,   (year)  .”

The court officer, the employee of the court, or the employee of a criminal justice agency who electronically captured the fingerprints shall place his or her written or electronic signature on the certification.

(4) A written or electronic judgment of guilty, or a certified copy thereof, is admissible in evidence in the several courts of this state as prima facie evidence that the:
(a) Manual fingerprints filed in the case in which the judgment of guilty is entered and certified as set forth in this section are the fingerprints of the defendant against whom the judgment of guilty was rendered.
(b) Digital fingerprint record associated with the transaction control number specified in the certification required by this section and filed in the case in which the judgment of guilty is entered contains the fingerprints of the defendant against whom the judgment of guilty was rendered.
History.s. 1, ch. 75-23; s. 1, ch. 90-88; s. 48, ch. 96-312; s. 38, ch. 99-6; s. 6, ch. 2019-98; s. 10, ch. 2021-230.

Statutes updated from Official Statutes on: August 29, 2022
F.S. 921.241 on Google Scholar

F.S. 921.241 on Casetext

Amendments to 921.241


Arrestable Offenses / Crimes under Fla. Stat. 921.241
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 921.241.


Civil Citations / Citable Offenses under S921.241
R or S next to points is Mandatory Revocation or Suspension

Current data shows no reason a civil citation or a suspension or revocation of license should have been issued under Florida Statute 921.241.


Annotations, Discussions, Cases:

  1. Whitehead v. State

    498 So. 2d 863 (Fla. 1987)   Cited 273 times
    (e) For the purpose of identification of an habitual felony offender or an habitual misdemeanant, the court shall fingerprint the defendant pursuant to s. 921.241.
    PAGE 865
  2. Louis v. State

    647 So. 2d 324 (Fla. Dist. Ct. App. 1994)   Cited 9 times
    Section 921.241(3) makes a judgment that complies with section 921.241(2) admissible in court as prima facie evidence that the fingerprints appearing thereon are the fingerprints of the defendant. The certified copies of the predicate felonies conformed to section 921.241(2) and were admissible. Pridgeon v. State, 605 So.2d 1004 (Fla. 1st DCA 1992). Louis's fingerprint cards from the present cases were not part of a judgment. Although they contained certificates similar to the one set out above, they were not signed by the judge. The fingerprint cards were not, therefore, admissible under section 921.241(3). The state presented no evidence about how the fingerprints were obtained to establish that the prints on the cards were Louis's.
    PAGE 326
  3. Eutsey v. State

    383 So. 2d 219 (Fla. 1980)   Cited 194 times
    (e) For the purpose of identification of an habitual felony offender or an habitual misdemeanant, the court shall fingerprint the defendant pursuant to s. 921.241.
    PAGE 222
  4. King v. State

    557 So. 2d 899 (Fla. Dist. Ct. App. 1990)   Cited 104 times
    (e) For the purpose of identification of a habitual felony offender or a habitual violent felony offender, the court shall fingerprint the defendant pursuant to s. 921.241.
    PAGE 901
  5. King v. State

    681 So. 2d 1136 (Fla. 1996)   Cited 92 times
    (e) For the purpose of identification of a habitual felony offender or a habitual violent felony offender, the court shall fingerprint the defendant pursuant to s. 921.241.
    PAGE 1139
  6. AGO

    84-47 (Ops. Fla. Atty. Gen. May. 8, 1984)
    Section 28.29 requires the clerk to record in the Official Records orders of dismissal and final judgments of the courts in civil actions, and such other orders of the courts (in civil actions) as directed in writing by the courts. Obviously, neither this statute nor the provisions of s 28.223, F.S., apply to the criminal courts or to documents, instruments, orders of records made or entered in criminal actions and proceedings. Section 921.241, F.S., requires the clerk to record every judgment of guilty or not guilty of a felony; and s 921.242, F.S., requires the clerk to record every judgment of guilt with respect to any offense governed by the provisions of Ch. 796, F.S. Otherwise, the statutes appear to be silent and there do not appear to be any other statutory provisions which require or authorize the recordation of any documents, instruments, orders, papers or records made or entered in criminal actions and proceedings. Therefore, the clerk is not required to record in the Official Records any criminal documents or records other than those criminal judgments described and provided for in ss 921.241 and 921.242, F.S. Parenthetically, the clerks of the…
  7. State ex Rel. Gerstein v. Schwartz

    357 So. 2d 167 (Fla. 1978)
    Judge Schwartz is directed to comply with Section 921.241, Florida Statutes.
  8. AGO

    86-52 (Ops. Fla. Atty. Gen. Jun. 4, 1986)
    The clerk of the circuit court is recorder of all instruments required or authorized by law to be recorded in the county where he is clerk. Section 28.222(1), F.S. Section 28.222(2), F.S., provides in pertinent part that the clerk "shall record all instruments in one general series of books called `Official Records.'" (e.s.) Section 921.241(1), F.S., provides in pertinent part that "[e]very judgment of guilty or not guilty of a felony shall be . . . recorded by the clerk of the court." Cf., s. 921.242(1), F.S. (requiring clerk to record judgments of guilt with respect to offenses governed by the provisions of Ch. 796, F.S.). See, AGO 84-47, concluding that the clerk is not required or authorized by law to record in the Official Records any criminal documents, papers, orders or records made or entered in criminal actions or proceedings other than those criminal judgments described and provided for in ss. 921.241 and 921.242, F.S.
  9. Parker v. State

    546 So. 2d 727 (Fla. 1989)   Cited 36 times
    (e) For the purpose of identification of an habitual felony offender or an habitual misdemeanant, the court shall fingerprint the defendant pursuant to s. 921.241.