OSMAR HERNANDEZ
v.
STATE OF FLORIDA
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Osmar Hernandez appeals the denial of relief under Florida Statute section 951.16, which provides jail-time credits for persons imprisoned in county jail for failure to pay fines and costs. The court affirmed the denial because Hernandez was neither imprisoned in a county jail nor imprisoned specifically for failure to pay fines and costs.
Hernandez is not entitled to relief under section 951.16 because he does not satisfy either requirement of the statute: he is not imprisoned in a county jail, and he is not imprisoned for failure to pay a fine and costs.
“[e]very person who may be imprisoned in the county jail for failure to pay a fine and costs" imposed as a part of a criminal sentence "shall be entitled to receive . . . a credit on such fine and costs . . . in proportion to the time such person may be imprisoned.”
Establishes the statutory requirement for jail-time credits, requiring both county jail imprisonment AND imprisonment for failure to pay fines and costs.
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Join FLexlaw to unlock all legal intelligenceHernandez is imprisoned in a State facility managed by the Florida Department of Corrections, not in a county jail. He is serving a sentence of 49 mon…
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Third District Court of Appeal
State of Florida
Opinion filed July 30, 2025.
Not final until disposition of timely filed motion for rehearing.
No. 3D25-0954
Lower Tribunal Nos. F22-21936, F23-5269, F23-10796
Osmar Hernandez,
Appellant,
vs.
State of Florida,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Cristina
Miranda, Judge.
Osmar Hernandez, in proper person.
James Uthmeier, Attorney General, and Lourdes Bibiana Fernandez,
Assistant Attorney General, for appellee.
Before LOGUE, LINDSEY and BOKOR, JJ.
PER CURIAM.
Hernandez appeals the denial of relief under section 951.16, Florida
Statutes. Section 951.16 establishes that "[e]very person who may be imprisoned in the county jail for failure to pay a fine and costs” imposed as a part of a criminal sentence “shall be entitled to receive . . . a credit on such fine and costs . . . in proportion to the time such person may be imprisoned.”
Hernandez's initial brief states that he was neither “imprisoned in the county jail" (he states he's in a State facility managed by the Florida Department of
Corrections) nor imprisoned "for failure to pay a fine and costs” (he states he is “serving a sentence of 49 Months . . . for Domestic Violence; Violation of injunction; written threats"). Because the initial brief establishes the lack of entitlement to relief under the relevant statute, we affirm.
Affirmed.