DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

SHANE HARDISON,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

No. 4D18-1532

[May 8, 2019]

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, 

Broward County; Dennis D. Bailey, Judge; L.T. Case Nos. 11-

003397CF10A and 16-000894CF10A.

Carey Haughwout, Public Defender, and Stacey Kime, Assistant Public 

Defender, West Palm Beach, for appellant.

Ashley B. Moody, Attorney General, Tallahassee, and Rachael Kaiman, 

Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

The defendant appeals his revocation of probation, judgment, and 

sentence rendered in case numbers 11-003397CF10A (the “2011 case”) 

and 16-00894CF10A (the “2016 case”), raising six issues for our 

consideration. We affirm the defendant’s judgment and sentence in both 

cases and write only to address his arguments that the trial court erred by 

(1) failing to enter a written order of revocation of probation stating the 

basis for revocation; and (2) miscalculating his credit for time served.

First, as the state concedes, the trial court erred when it failed to enter 

a written order in both cases stating the specific grounds for revocation of 

probation. See King v. State, 46 So. 3d 1171, 1172 (Fla. 4th DCA 2010) 

(“If a trial court revokes a defendant’s probation, the court is required to 

render a written order noting the specific conditions of probation that were 

violated.”). Second, as the state concedes, the trial court miscalculated 

the defendant’s credit for time served in both cases. The parties agree that 

the defendant is entitled to 526 days of jail credit in the 2016 case, but 

disagree regarding the amount of jail credit to be awarded in the 2011 
2

case, and the defendant’s entitlement to post-sentencing credit. Section 

921.161(1), (2), Florida Statutes (2018), “requires the trial court to 

determine and give credit for all time spent in county jail prior to 

sentencing and for the Department [of Corrections] to calculate the time 

after sentencing, including time in the county jail after sentencing.”

Kitchen v. State, 20 So. 3d 975, 976 (Fla. 4th DCA 2009). Relief sought for 

“jail time spent after sentencing must be sought through administrative 

proceedings with the Department of Corrections.” Stokes v. State, 851 So. 

2d 788, 788 (Fla. 2d DCA 2003). Thus, as the state argues, the trial court 

was not required to award the defendant jail credit for time served postsentencing, so that the defendant is entitled to 1,103 days of jail credit for 

time served in the 2011 case. To the extent the defendant believes he is 

entitled to additional credit for the jail time he served after sentencing on 

the 2011 case, he must seek relief through administrative proceedings 

with the Department of Corrections. See id.

Accordingly, we affirm the revocation of the defendant’s probation, and 

his sentences in both cases, but remand with instructions for the trial 

court to (1) enter written orders of revocation of probation setting forth the 

reasons for the revocation; and (2) award the defendant 1,103 days of jail 

credit on the 2011 case and 526 days of jail credit on the 2016 case, nunc 

pro tunc to April 19, 2018, the day of sentencing.

WARNER, GROSS and FORST, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.