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Florida Statute 951.21 | Lawyer Caselaw & Research
F.S. 951.21 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 951.21

The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 951
COUNTY AND MUNICIPAL PRISONERS
View Entire Chapter
F.S. 951.21
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.

F.S. 951.21 on Google Scholar

F.S. 951.21 on Casetext

Amendments to 951.21


Arrestable Offenses / Crimes under Fla. Stat. 951.21
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 951.21.



Annotations, Discussions, Cases:

Cases from cite.case.law:

M. FOX, Jr. v. JOHNSON, s, 141 So. 3d 709 (Fla. Dist. Ct. App. 2014)

. . . Sheriffs Office and the Polk County Board of Commissioners to award him gain time pursuant to section 951.21 . . . nor the County Commissioners had the indisputable legal duty, or even the power, to award him section 951.21 . . . sought to require sheriff and county commissioners to award defendant gain time pursuant to section 951.21 . . .

BIRDSONG, v. STATE, 875 So. 2d 725 (Fla. Dist. Ct. App. 2004)

. . . See § 951.21, Fla. Stat. (2002). Affirmed. SALCINES and SILBERMAN, JJ., Concur. . . .

C. HAINES, v. BROWARD COUNTY BOARD OF COMMISSIONERS, 695 So. 2d 818 (Fla. Dist. Ct. App. 1997)

. . . Defendant sought gain time pursuant to section 951.21, Florida Statutes (1995), which applies to gain . . . Section 951.21 would not be applicable because he was not a county prisoner. . . .

STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. MYERS, STATE v. MYERS, BROWARD COUNTY, v. MYERS,, 696 So. 2d 863 (Fla. Dist. Ct. App. 1997)

. . . prisoner’s cash account or other personal property and may not receive gain-time as provided by section 951.21 . . .

HOLLOWAY, v. FRANKLIN, 652 So. 2d 1217 (Fla. Dist. Ct. App. 1995)

. . . it was specifically ordered that he was to receive no “good or gain time” as provided for by section 951.21 . . .

GEORGE, v. STATE, 651 So. 2d 180 (Fla. Dist. Ct. App. 1995)

. . . Under section 951.21, Florida Statutes (1993), it is the Board of County Commissioners, and not the court . . .

PERRY, v. STATE, 639 So. 2d 1090 (Fla. Dist. Ct. App. 1994)

. . . See § 951.21, Fla.Stat. (1991). . . .

C. GASTON, v. STATE, 613 So. 2d 496 (Fla. Dist. Ct. App. 1993)

. . . See § 951.21, Fla.Stat. (1991). . . . The Department does not recognize gain time awarded to county jail inmates pursuant to section 951.21 . . .

v. STATE, 584 So. 2d 51 (Fla. Dist. Ct. App. 1991)

. . . While section 951.21, Florida Statutes (1989), authorizes awards of gain time to county prisoners, we . . . Commutation of time under section 951.21 is to be granted by the local board of county commissioners; . . .

WATERS, v. STATE, 520 So. 2d 678 (Fla. Dist. Ct. App. 1988)

. . . incarceration as a condition becomes a sentence for the purpose of earning gain time under section 951.21 . . .

METROPOLITAN DADE COUNTY, a v. P. L. DODGE FOUNDATIONS, INC. d b a, 509 So. 2d 1170 (Fla. Dist. Ct. App. 1987)

. . . with the reimbursement efforts of the detention facility may not receive gain-time as provided by s. 951.21 . . .

STATE v. CASTRO,, 491 So. 2d 313 (Fla. Dist. Ct. App. 1986)

. . . as it embraced more than one subject and that the effect of section 27.3455(1) was to amend section 951.21 . . . was without standing to challenge section 27.3455 on the basis of its relationship to either sections 951.21 . . .

V. VAN TASSEL, v. COFFMAN,, 486 So. 2d 528 (Fla. 1986)

. . . the designated time should be shortened by provisions of the gain time statute set forth in section 951.21 . . . incarceration as a condition thereof becomes a sentence for the purpose of earning gain time under section 951.21 . . .

ELMWOOD PLANTATION, INC. v. RUUD WATER HEATER DIVISION,, 623 F. Supp. 387 (E.D. La. 1985)

. . . included as part of the $4,500,000 judgment and totaled $160,045.26; Elm-wood’s attorney’s fees of $1,567,-951.21 . . .

WHITE MOUNTAIN APACHE TRIBE OF ARIZONA, v. UNITED STATES,, 9 Cl. Ct. 1 (Cl. Ct. 1985)

. . . The sum designated in item four ($210,-951.21), according to defendant, was comprised of non-tribal money . . . Notwithstanding the fact that the $210,-951.21 may have been placed erroneously in “Government Accounts . . .

P. PRANGLER, v. STATE, 470 So. 2d 105 (Fla. Dist. Ct. App. 1985)

. . . . § 951.21, Fla.Stat. (1983). See also Curry v. Wainwright, 422 So.2d 1029 (Fla. 1st DCA 1982). . . .

HEATHERINGTON, v. STATE, 388 So. 2d 1354 (Fla. Dist. Ct. App. 1980)

. . . confinement as a condition of probation is not a sentence within the meaning of the statute, section 951.21 . . .

SMITH, v. NORVELL,, 43 Fla. Supp. 183 (St. Lucie Cty. Cir. Ct. 1975)

. . . The court is called upon to construe Florida Statute 951.21 and Florida Statute 921.161. . . . date of their initial arrest and shall give them five days per month as provided by Florida Statute 951.21 . . .

F. MACKEY, v. STATE, 310 So. 2d 312 (Fla. Dist. Ct. App. 1975)

. . . . § 951.21(1). . . . This shows that the trial court did not overlook the provisions of § 951.21(1), F.S. but did in fact, . . .

NICHOLAS, v. L. WAINWRIGHT,, 152 So. 2d 458 (Fla. 1963)

. . . , supra, to the extent applicable to county prisoners, has been revised and is now cited as Section 951.21 . . .

JOINER, Jr. v. SINCLAIR,, 110 So. 2d 12 (Fla. 1959)

. . . The applicable statute is § 951.21, Fla. Stat. 1957, F.S.A. (formerly § 954.06, Fla. Stat. 1953). . . .