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2019 Florida Statutes
SECTION 241
Felony judgments; fingerprints and social security number required in record.
Felony judgments; fingerprints and social security number required in record.
921.241 Felony judgments; fingerprints and social security number 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 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.
(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.
(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.
(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.
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.