Fla. Stat. 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.Notwithstanding paragraph (a), any prisoner incarcerated in the state correctional system or contractor-operated 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.
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.
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).

(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 contractor-operated 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.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).
(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:The uniform commitment and judgment and sentence forms as described in subsection (4).The sheriff’s certificate as described in s. 921.161.A certified copy of the indictment or information relating to the offense for which the person was convicted.A copy of the probable cause affidavit for each offense identified in the current indictment or information.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.A copy of the restitution order or the reasons by the court for not requiring restitution pursuant to s. 775.089(1).The name and address of any victim, if available.A printout of a current criminal history record as provided through an FCIC/NCIC printer.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.

(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.

(c)

A certified copy of the indictment or information relating to the offense for which the person was convicted.

(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.

(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.

Source: Section 944.17 — Commitments and classification; transfers, https://www.­flsenate.­gov/Laws/Statutes/2024/0944.­17 (accessed Aug. 7, 2025).

944.01
Short title
944.02
Definitions
944.08
Commitment to custody of department
944.09
Rules of the department
944.10
Department of Corrections to provide buildings
944.11
Department to regulate admission of books
944.012
Legislative intent
944.14
Supervision of correctional institutions
944.17
Commitments and classification
944.23
Persons authorized to visit state prisons
944.023
Comprehensive correctional master plan
944.24
Administration of correctional institutions for women
944.024
Adult intake and evaluation
944.026
Community-based facilities and programs
944.28
Forfeiture of gain-time and the right to earn gain-time in the future
944.31
Inspector general
944.32
Reports of prison inspectors
944.33
Failure of inspector to make report
944.033
Community correctional centers
944.35
Authorized use of force
944.36
Permitting inmates to escape
944.37
Acceptance of unauthorized compensation
944.38
Acceptance of remuneration from contractor
944.39
Interference with prisoners
944.40
Escapes
944.44
Holding persons as hostages
944.45
Mutiny, riot, strike
944.46
Harboring, concealing, aiding escaped prisoners
944.47
Introduction, removal, or possession of contraband
944.48
Service of sentence
944.52
Legal adviser
944.053
Forestry Work Camps
944.70
Conditions for release from incarceration
944.72
Contractor-Operated Institutions Inmate Welfare Trust Fund
944.73
State-Operated Institutions Inmate Welfare Trust Fund
944.091
United States prisoners, board authorized
944.095
Siting of additional correctional facilities
944.096
Budget requests for residential facility construction
944.105
Contractual arrangements with contractor-operated entities for operation and maintenance of correctional facilities and supervision of inmates
944.115
Smoking prohibited inside state correctional facilities
944.151
Safe operation and security of correctional institutions and facilities
944.171
Housing of inmates
944.0231
Reduction of capacity
944.241
Incarcerated pregnant women
944.242
Dignity for women in correctional facilities
944.275
Gain-time
944.278
Cancellation of administrative gain-time and provisional credits
944.279
Disciplinary procedures applicable to prisoner for filing frivolous or malicious actions or bringing false information before court
944.281
Ineligibility to earn gain-time due to disciplinary action
944.282
Rules governing inmate use of weight training equipment
944.291
Prisoner released by reason of gain-time allowances or attainment of provisional release date
944.292
Suspension of civil rights
944.331
Inmate grievance procedure
944.402
Reward for capture of escapee from correctional institution
944.405
Warrant for retaking offender who has escaped from custody or absconded from rehabilitative community reentry program, or who is ineligible for release
944.471
Short title
944.472
Drug-free corrections
944.473
Inmate substance abuse testing program
944.474
Legislative intent
944.485
Subsistence fees with respect to certain prisoners
944.512
State lien on proceeds from literary or other type of account of crime for which convicted
944.516
Money or other property received for personal use or benefit of inmate
944.596
Transfer of convicted foreign citizens or nationals under treaty
944.597
Transportation and return of prisoners by private transport company
944.602
Agency notification before release of intellectually disabled inmates
944.605
Inmate release
944.606
Sexual offenders
944.607
Notification to Department of Law Enforcement of information on sexual offenders
944.608
Notification to Department of Law Enforcement of information on career offenders
944.609
Career offenders
944.611
Legislative intent
944.0611
Department employees
944.612
Definitions for s
944.613
Methods of transportation
944.701
Short title
944.702
Legislative intent
944.703
Eligible inmates
944.704
Staff who provide transition assistance
944.705
Release orientation program
944.706
Basic release assistance
944.707
Postrelease special services
944.708
Rules
944.710
Definitions of terms relating to contractor-operated state correctional facilities and s
944.711
Requests for proposals
944.712
Bidder and private vendor qualifications
944.713
Insurance against liability
944.714
Quality assurance and standards of operation
944.715
Delegation of authority
944.716
Contract termination and control of a correctional facility by the department
944.717
Conflicts of interest
944.718
Withdrawal of request for proposals
944.719
Adoption of rules, monitoring, and reporting
944.801
Education for state prisoners
944.802
Direct-support organization
944.803
Faith- and character-based programs
944.804
Elderly offenders correctional facilities program of 2000
944.1905
Initial inmate classification
944.4731
Addiction-Recovery Supervision Program
944.7031
Eligible inmates released from contractor-operated correctional facilities
944.7065
Transition course for inmates
944.7071
Operation New Hope
944.8031
Inmate’s family visitation
944.8041
Elderly offenders

Current through Fall 2025

§ 944.17. Commitments & classification; transfers's source at flsenate​.gov