Fla. Stat. § 921.241
Felony judgments; fingerprints required in record
Redline — January 1, 2019 → current.View current text →
Current — January 1, 2021
As of January 1, 2019
(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.
(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 shall 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.
(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) At the time a defendant is found guilty of a felony, the judge shall cause the following to occur in open court and in the judge’s presence: (a) For a written judgment of guilty, the fingerprints of the defendant shall be manually taken and affixed beneath the judge’s signature on the judgment. Beneath such fingerprints shall be appended a certificate to the following effect:“I hereby certify that the above and foregoing fingerprints on this judgment are the fingerprints of the defendant, , and that they were placed thereon by said defendant in my presence, in open court, this the day of , (year) .”Such certificate shall be signed by the judge, whose signature thereto shall be followed by the word “Judge.” (b) For an electronic judgment of guilty, the fingerprints of the defendant shall be electronically captured, and the following certificate shall be included in the electronic judgment:“I hereby certify that the digital fingerprint record associated with Transaction Control Number contains the fingerprints of the defendant, , which were electronically captured from the defendant in my presence, in open court, this the day of , (year) .”The judge shall place his or her electronic signature, which shall be followed by the word “Judge,” on the certificate.
(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, shall be admissible in evidence in the several courts of this state as prima facie evidence that the: (a) Manual fingerprints appearing thereon and certified by the judge as aforesaid 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 judge’s certificate contains the fingerprints of the defendant against whom the judgment of guilty was rendered.
(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.
(5) At the time the defendant’s fingerprints are manually taken or electronically captured, the judge shall also cause the defendant’s social security number to be taken. The defendant’s social security number shall be specified in each written or electronic judgment of guilty of a felony, in open court, in the presence of such judge, and at the time the judgment is rendered. If the defendant is unable or unwilling to provide his or her social security number, the reason for its absence shall be specified in the written or electronic judgment.
Official source: Online Sunshine (Florida Legislature). Reproduced from public-domain Florida statutes; confirm against the official source for the current text. Not legal advice.