The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 944
STATE CORRECTIONAL SYSTEM

View Entire Chapter

F.S. 944.17

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 private 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.

(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.

F.S. 944.17 on Google Scholar

F.S. 944.17 on Casetext

Amendments to 944.17

Arrestable Offenses / Crimes under Fla. Stat. 944.17

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 944.17.

Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE NEVINS,, 564 B.R. 151 (Bankr. D.N.H. 2016)

. . . $42,641.94, consisting of a secured claim in the amount of $7,447.00; a priority claim in the amount of $944.17 . . . Under the Plan, the IRS will receive $944.17 at 0% interest on account of its priority claim, and $7,447.00 . . .

CALVIN, J. v. JEFFERSON COUNTY BOARD OF COMMISSIONERS,, 172 F. Supp. 3d 1292 (N.D. Fla. 2016)

. . . . § 944.17(2), Fla. Stat. (2015); ECF No. 30-8, at 3. B. . . .

R. WHITSETT, v. CANNON,, 139 F. Supp. 3d 1293 (M.D. Fla. 2015)

. . . . §§ 944.17(7), 945.025(1)). . . .

E. COOKS, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS,, 599 F. App'x 940 (11th Cir. 2015)

. . . . § 944.17(5), which provides that the FDOC must refuse to accept any individual for imprisonment unless . . . Stat. § 944.17(5) does not "confer a liberty interest upon a prisoner” or "create a cause of action for . . .

PIERCE, v. STATE, 150 So. 3d 1207 (Fla. Dist. Ct. App. 2014)

. . . Id. at 66-67 (Altenbernd, J., concurring) (citing section 944.17(4), Florida Statutes (2010)). . . .

EDWARDS, v. D. CREWS,, 124 So. 3d 422 (Fla. Dist. Ct. App. 2013)

. . . accepted into custody by the Century Correctional Institution without full compliance with section 944.17 . . . to correction of his or her commitment file if deficiencies in the documents are discovered, section 944.17 . . . Section 944.17, Florida Statutes does not create a cause of action for prisoners to challenge their detention . . .

JACKSON, v. STATE, 56 So. 3d 65 (Fla. Dist. Ct. App. 2011)

. . . See § 944.17(4), Fla. Stat. (2010). . . . See § 944.17(4). . . .

SYKES, v. STATE L., 31 So. 3d 846 (Fla. Dist. Ct. App. 2010)

. . . has been detained unlawfully because his commitment papers do not meet the requirements of section 944.17 . . .

SYKES, v. STATE M. L. C. I., 974 So. 2d 1133 (Fla. Dist. Ct. App. 2008)

. . . habe-as corpus, wherein he complained that the Baker County Correctional Institution had violated section 944.17 . . . However, the trial court erroneously concluded that Appellant’s arguments under section 944.17(5) constituted . . . considering the merits of a petition for writ of habeas corpus that alleged DOC had violated section 944.17 . . . jurisdiction was erroneous, but we express no opinion as to whether the Legislature, in enacting section 944.17 . . .

YISRAEL, v. STATE, 938 So. 2d 546 (Fla. Dist. Ct. App. 2006)

. . . . § 944.17(4), Fla. Stat. (2005). . § 944.17(5)(a), Fla. Stat. (2005). . § 944.605, Fla. . . .

OSTERBACK, v. KEMP,, 300 F. Supp. 2d 1238 (N.D. Fla. 2003)

. . . . § 944.17(7), the Department of Corrections “may transfer prisoners from one institution to another . . .

FLORIDA DEPARTMENT OF CORRECTIONS, v. WATTS,, 800 So. 2d 225 (Fla. 2001)

. . . Section 944.17, Florida Statutes (1999), entitled "Commitments and classification; transfers,” provides . . .

S. CARTHANE, v. V. CROSBY, Jr., 776 So. 2d 964 (Fla. Dist. Ct. App. 2000)

. . . Finally, section 944.17(5), Florida Statutes (1999), states that DOC shall refuse to admit a prisoner . . .

STEINMANN, v. LONG- TERM DISABILITY PLAN OF MAY DEPARTMENT STORES COMPANY, 863 F. Supp. 994 (E.D. Mo. 1994)

. . . In December 1991, Metlife sent Plaintiff a check for $944.17 for a portion of November and a cheek for . . . Metlife voided the $944.17 check and Plaintiff cashed the $2,230.00 check. (Id.) . . .

GIRTMAN, v. STATE, 617 So. 2d 1168 (Fla. Dist. Ct. App. 1993)

. . . See § 944.17(1), Fla.Stat. (1991) (“Each prisoner sentenced to the state penitentiary shall be committed . . .

PHARM, v. HATCHER, 984 F.2d 783 (7th Cir. 1993)

. . . . § 944.17. . . .

D. FLETCHER, v. STATE, 593 So. 2d 514 (Fla. Dist. Ct. App. 1991)

. . . See §§ 944.17(1) and 921.187(1)(Z), Fla.Stat. . See Poore v. State, 531 So.2d 161 (Fla.1988). . . .

In KEPPRO, 573 So. 2d 140 (Fla. Dist. Ct. App. 1991)

. . . Furthermore, under Section 944.17(8), Florida Statutes (1987), the court is required to issue an order . . .

SUBURBAN VIDEO, INC. d b a v. CITY OF DELAFIELD, a, 694 F. Supp. 585 (E.D. Wis. 1988)

. . . . §§ 944.15, 944.17, and 944.20, Wis. Stat. . . .

CZERNIAK v. CITY OF MILWAUKEE, a A., 669 F. Supp. 247 (E.D. Wis. 1987)

. . . See §§ 944.15 & 944.17. . . .

POORE, v. STATE, 503 So. 2d 1282 (Fla. Dist. Ct. App. 1987)

. . . Although there may be two commitments (see § 944.17, Fla.Stat.) as to one split sentence when, after . . . violation adjudication, and of the original judgment and sentence, to the sheriff for his use under section 944.17 . . .

WOODARD, v. FLORIDA PAROLE AND PROBATION COMMISSION,, 429 So. 2d 1360 (Fla. Dist. Ct. App. 1983)

. . . Moreover, the commitment issued pursuant to § 944.17, Florida Statutes, recites that Woodard was sentenced . . .

R. OMASTA, Jr. v. L. WAINWRIGHT,, 696 F.2d 1304 (11th Cir. 1983)

. . . . §§ 944.16 and 944.17. . . . Fla.Stat.Ann. § 944.17 (West 1982) provides: The department shall design and supply to the several clerks . . .

HAMPTON, v. STATE, 421 So. 2d 775 (Fla. Dist. Ct. App. 1982)

. . . The Department of Corrections has and maintains adequate records (§§ 944.17, 944.18, 944.25, Fla.Stat . . .

HARRIS, v. PRAST, 459 F. Supp. 303 (E.D. Wis. 1978)

. . . . §§ 944.17(1) and 939.05, and obstructing an officer contrary to Wis.Stats. § 946.41(1). . . .

SWIKERT, v. O. CADY, MARMON, v. O. CADY,, 381 F. Supp. 988 (E.D. Wis. 1974)

. . . by way of habeas corpus, to have their convictions under the Wisconsin sexual perversion statute, § 944.17 . . . Section 944.17 provides as follows: “Sexual perversion. . . . I conclude that in this particular situation, had the petitioners been consciously aware of § 944.17( . . . court’s construction of § 944.17 in Jones v. . . . W.2d 587 (1972); and (3) the hypothetical application of § 944.17 to situations involving consenting . . .

E. DRISCOLL, v. J. SCHMIDT,, 354 F. Supp. 1225 (W.D. Wis. 1973)

. . . State, 55 Wis.2d 742, 200 N.W.2d 587 (1972), involving a conviction on three counts under Sec. 944.17 . . . Supreme Court stated (at 748, 200 N.W.2d at 591): “It is beyond reasonable argument to claim that sec. 944.17 . . . Jones involved a section of the statutes (sec. 944.17(1), captioned “perversion”) other than the sections . . .

G. BABICH, v. O. CADY,, 346 F. Supp. 286 (E.D. Wis. 1972)

. . . convicted in the Milwaukee County Circuit Court of the crime of sexual perversion in violation of § 944.17 . . .

FIRST NAT. BANK OF PEDRICKTOWN v. WADDINGTON WADDINGTON v. PEDRICK, 51 F.2d 1052 (3d Cir. 1931)

. . . more specific, the sum of $8,100.00 from the First National Bank of Pedricktown, and the sum of $4,-944.17 . . .