On pronouncement of a sentence imposing a penalty other than a fine only or death, the court shall, unless the execution of the sentence is suspended or stayed, and, in such case, on termination of the suspension or stay, forthwith commit the defendant to the custody of the sheriff under a commitment to which shall be attached a certified copy of the sentence and, unless both are contained in the same instrument if the sentence is imprisonment in the state prison, a certified copy of the judgment of conviction and a certified copy of the indictment or information, and the sheriff shall thereupon, within a reasonable time, if the sheriff is not the proper official to execute the sentence, transfer the defendant, together with the commitment and attached certified copies, to the custody of the official whose duty it is to execute the sentence and shall take from that person a receipt for the defendant and make a return thereof to the court.
RULE 3.810. COMMITMENT OF DEFENDANT; DUTY OF SHERIFF
- This rule applies after a sentence of incarceration is pronounced.
- The court commits the defendant to the custody of the sheriff with a commitment order.
- The commitment order must include a certified copy of the sentence and, for prison sentences, the judgment and charging document.
- The sheriff must then transfer the defendant and all required paperwork to the proper authorities (e.g., Department of Corrections) in a reasonable time.
1968 Adoption. Substantially the same as section 922.01, Florida Statutes. There has been added to the rule the requirement that, if the commitment is to the state prison, it shall be accompanied by a certified copy of the judgment of conviction and a certified copy of the indictment or information. (Section 944.18, Florida Statutes, requires a certified copy of the indictment or information to be transmitted to the Division of Corrections; the Division of Corrections should also have a certified copy of the judgment.)
1972 Amendment. Same as prior rule.