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The Florida Statutes

The 2021 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 921
SENTENCE
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F.S. 921.241
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.