Florida/Georgia Personal Injury & Workers Compensation

...of more than 210 days of “gain-time,” which is “time credited to reduce a prisoner’s prison term.” Weaver v. Graham, 450 U.S. 24, 24 n.1, 101 S. Ct. 960, 962 n.1 3 (1981) (citing Fla. Stat. § 944.275)....

...e percent of their criminal sentences in prison. This was accomplished, for the most part, by limiting the amount of gain time that could be applied to an inmate's sentence to reduce the amount of time the inmate would actually remain in prison. See § 944.275(4)(b)3, Fla....

...NOTES [1] Tripp allegedly trespassed on railroad property and burglarized a home. The record is not clear as to the disposition of these charges. [2] We note that prior to the enactment of chapter 89-531, Laws of Florida, "credit for time served" included jail time actually served and gain time granted pursuant to section 944.275, Florida Statutes (1991)....

...for gain-time earned while previously incarcerated. Green appealed to the First District Court of Appeal, which reversed, holding that Green was entitled to credit earned gain-time against the new sentence imposed for probation violation. We agree. Section 944.275(1), Florida Statutes (1987), authorizes the Department of Corrections (department) to grant "gain-time in order to encourage satisfactory prisoner behavior, to provide incentive for prisoners to participate in productive activities, a...

...To receive this basic gain-time award, the statute required only that the inmate perform "satisfactory and acceptable" work and be guilty of no infractions. [5] Even if these conditions were met, the basic gain-time award was subject to forfeiture for unacceptable conduct. Compare § 944.275(2)(d), Fla....

...constituted "satisfactory and acceptable" work. Such awards thus were not "automatic" — a fact underscored by a separate statement of legislative intent that directed that all forms of gain-time could "be awarded only if earned as provided herein." § 944.275(2)(a), Fla....

...d each month. However, other related statutory provisions state that DOC has discretion to summarily declare any gain-time award forfeited based on certain broadly defined acts or omissions, disciplinary infractions or unlawful conduct. [11] Compare § 944.275(5), Fla....

...the first of these elements. For instance, the statute provides that "[o]n the effective date of the act, all incentive and meritorious gain-time shall be granted according to the provisions of this act." Ch. 83-131, § 8, Laws of Fla. (codified at § 944.275(6)(b), Fla. Stat. (1987)) (emphasis added). Similarly, the new basic gain-time formula "shall be computed on and applied to all sentences imposed for offenses committed on or after July 1, 1978." Id. (codified at § 944.275(6)(a), Fla....

...See Barndollar v. Sunset Realty Corp., 379 So.2d 1278 (Fla. 1979). An inability to sever effectively would render unconstitutional all other provisions in the 1983 statutes as they are applied in this case. The taint, in other words, would infect every portion of section 944.275, Florida Statutes (1987), as applied to inmates such as Waldrup....

...83-131, § 8, Laws of Fla. [2] Article I, section 10, the United States Constitution, makes it unconstitutional for a state to "pass any ... ex post facto Law." A nearly identical clause in article I, section 9, imposes a similar restriction on Congress. [3] Section 944.275(2)(b), Florida Statutes (1981), provided in pertinent part: (b) The [Department of Corrections] is authorized to grant additional gain-time allowances on a monthly basis, as earned, up to 1 day for each day of productive or institutio...

...manner, the work, duties, and tasks assigned. Such gain-time allowances under this section shall be awarded on the basis of diligence of the inmate, the quality and quantity of work performed, and the skill required for performance of the work. [4] Section 944.275(3)(a), Florida Statutes (1981), provided: (3)(a) An inmate who faithfully performs the assignments given to him in a conscientious manner over and above that which may normally be expected of him, against whom no disciplinary report h...

...be a better than average inmate or who diligently participates in an approved course of academic or vocational study may be granted, on an individual basis, from 1 to 6 days per month extra gain-time to be deducted from the term of his sentence. [5] Section 944.275(1), Florida Statutes (1981), provided: (1) The department shall grant the following deductions for gain-time on a monthly basis, as earned, from the sentence of every prisoner who has committed no infraction of the rules of the depart...

...[9] The statute provides: For each month in which a prisoner works diligently, participates in training, uses time constructively, or otherwise engages in positive activities, the department may grant up to 20 days of incentive gain-time, which shall be credited and applied monthly. § 944.275(4)(b), Fla....

...Basic gain-time for a partial month shall be prorated on the basis of a 30-day month. 3. When a prisoner receives a new maximum sentence expiration date because of additional sentences imposed, basic gain-time shall be granted for the amount of time the maximum sentence expiration date was extended. § 944.275(4)(a), Fla....

...ony offenders are not. § 775.084(4)(k)1., Fla. Stat. (2002). But this distinction is immaterial to our analysis because of certain limitations in the gain-time statute. First, the statute prohibits the use of gain-time to reduce life sentences. See § 944.275(4)(b)3., Fla....

...[5] It has been suggested that serious guideline-related miscalculations, much like erroneous representations regarding gain time, can constitute ineffective assistance. See, e.g., Johnson v. State, 523 So.2d 755 (Fla. 2d DCA 1988). [6] There are various forms of discretionary gain time established by § 944.275(4) which, unlike "basic" gain time, can be awarded even to habitual offenders....

...January 13, 1987. He was sentenced on February 24, 1989. He has less than 85% of his sentence remaining. On the date that Gwong committed his offense, the law provided that he was eligible to earn incentive gain-time. [1] Specifically, section *111 944.275(4)(b), Florida Statutes (1985), [2] stated: For each month in which a prisoner works diligently, participates in training, uses time constructively, or otherwise engages in positive activities, the department may grant up to 20 days of incentive gaintime, which shall be credited and applied monthly....

...In applying this test to the instant case, we are presented with nearly the identical situation we evaluated in Waldrup v. Bugger, 562 So.2d 687 (Fla.1990). In Waldrup, the prisoner had been sentenced for crimes committed in 1980 and 1982. In 1983, the legislature amended section 944.275 to decrease the possible award of incentive gain-time, which, in turn, had the effect of possibly increasing the prisoner's sentence....

...HARDING and ANSTEAD, JJ., concur in result. No motion for rehearing will be allowed. NOTES [1] Inmates convicted of offenses committed between July 1, 1978, and June 14, 1983, are eligible to receive work and extra gain-time under the prior provisions of section 944.275(2)(b) and (3)(a), Florida Statutes (1979). In 1983, the legislature simplified the gain-time statute and replaced the terms "work" and "extra" gain-time with the term "incentive" gain-time. § 944.275(4)(b), Fla. Stat. (1983). In this opinion, we collectively refer to all three types of gain-time as incentive gain-time. [2] Section 944.275 was amended in 1993 and 1995 to alter the amount of gain-time the department is authorized to award....

...ternative sentence to the death sentence of section 921.141 is life imprisonment without eligibility of parole. Prior to this revision, the alternative sentence was life imprisonment with eligibility for parole after twenty-five years. Additionally, section 944.275, Florida Statutes (2004), (gain time) was amended to mandate no gain time for life imprisonment sentences....

...ted range. [6] We note that Cook committed the 1989 offenses prior to October 1, 1989, the effective date of chapter 89-531, Laws of Florida. Cook is therefore entitled to credit for jail time actually served as well as gain-time granted pursuant to section 944.275, Florida Statutes (1991)....

...intelligently entered because his counsel had incorrectly advised him that he would be eligible for release after serving no more than four years of his sentence. He further alleged that he would not have entered the plea if he had known that under section 944.275(4), Florida Statutes, he would have to serve at least 85 percent of his seven-year sentence....

...A retrospective statute may work to a person's disadvantage so long as it does not deprive the person of any substantial right or protection. See Dobbert [ v. State, ] 432 U.S. 282 293-94, 97 S.Ct. [2290] 2298-99 [53 L.Ed.2d 344 (1977)]. Under Weaver, prisoners entering the correctional system do have a statutory right under section 944.275, Florida Statutes (1985), to "good time" gain time, and it will automatically accrue to them if their behavior meets certain standards....

...[1] After DOC declined to treat the incarcerative portion of Pearson's habitual offender sentence as terminating at the same time as the earlier sentence, Pearson filed a grievance and pursued his administrative remedies. DOC denied relief on the grounds that Pearson's sentence under the plea agreement was incompatible with section 944.275(4)(b)3, Florida Statutes (1997), [2] which prohibits the award of gain-time for offenses committed on or after October 1, 1995, that would result in a prisoner serving less than eighty-five percent of the sentence imposed....

...In the conflict case, two other district courts have concluded that defendants should be permitted to withdraw their plea agreements premised upon a coterminous sentence where the sentence would be a "legal impossibility" because of the eighty-five percent requirement in section 944.275(4)(b)3....

...d at 296 (finding that defendant would be entitled to withdraw plea, except that coterminous issue was mooted by pending release due to correction of sentence for credit for time served). In Turner, the Second District Court of Appeal explained that section 944.275(4)(b)3 is the "critical underpinning" of the inmate's claim....

...After examining the plea transcript, the court concluded that the defendant's "pleas were the product of a mistaken assumption, induced by the trial court with the agreement of the state, that his new sentences would terminate at the conclusion of his earlier sentence." Id. at 1110. However, "section 944.275(4)(b)3 made such an assumption not just a mistake but a legal impossibility." Id. In contrast, in Pearson the First District Court concluded that section 944.275(4)(b)3 cannot "be read as anything more than a limitation on DOC's authority to grant gain-time." 767 So.2d at 1237....

...Further, the court concluded that DOC has violated the separation of powers doctrine by invading the exclusive power of the judiciary to impose sentences. Id. at 1238-39. After hearing argument by the parties and reviewing the briefs and pertinent law, we concur with the First District Court's conclusion that section 944.275(4)(b)3 is nothing more than a limitation on DOC's authority to grant gaintime....

...urage satisfactory prisoner behavior, to provide incentive for prisoners to participate in productive activities, and to reward prisoners who perform outstanding deeds or service.'" Singletary v. Evans, 676 So.2d 51, 53 (Fla. 5th DCA 1996); see also § 944.275(1), Fla....

...However, the sentencing court provided that the probationary part of Pearson's sentence would follow his incarceration and would not coterminate with the earlier sentence. This sentencing structure indicates the court's intent that Pearson remain under supervision beyond the five-year period of the coterminous sentence. [2] Section 944.275(4)(b)3, Florida Statutes (1997), provides: For sentences imposed for offenses committed on or after October 1, 1995, the department may grant up to 10 days per month of incentive gain-time, except that no prisoner is eligible to earn...

...imately denied such credit. The Department of Corrections then recalculated Gay's release date. In so doing, the Department did not credit Gay for time spent under supervision but rather included that period of time as time spent out of custody. See § 944.275(2)(c), Fla....

...h administers the Control Release program. See § 947.146(1), Fla. Stat. (1995). The Department of Corrections is Gay's custodian and has been given the duty of calculating his release date, taking into consideration gain time and other factors. See § 944.275, Fla. Stat. (1995). First, Gay argues that the Department of Corrections does not have authority to deny him credit for the time he spent on Control Release because section 944.275, which provides how the Department is to determine inmate release dates, does not address deduction of credit when Control Release is revoked. That section only mentions the exclusion of time spent out of prison from the release date calculation when an inmate is returned to custody after escaping or violating parole. See § 944.275(2)(c). Thus, Gay maintains that, under the doctrine of inclusio unius est exclusio alterius, the Department lacks authority to deny him credit. We conclude, however, that the resolution of this case depends not on section 944.275, but rather on section 947.146. Section 944.275(2)(c) is merely instructive as to how the Department of Corrections is to determine inmate release dates....

...lt in a sentence beyond that allowed by the sentencing guidelines? Bailey, 634 So.2d at 173. [4] Prior to the enactment of chapter 89-531, Laws of Florida, "credit for time served" included jail time actually served and gain time granted pursuant to section 944.275, Florida Statutes (1991)....

...expected of him ... may be granted on an individual basis from one to six days per month extra gain-time to be deducted from the term of his sentence. Act of June 16, 1978, ch. 304, § 1, 1978 Fla.Laws 870, 870-71 (codified, as amended, at Fla.Stat. § 944.275 (1979-1981)) [hereinafter the 1978 act]. 3 Thus, under the 1978 act, prisoners who diligently performed their assigned duties could earn up to forty-six days of gain time each month. 4 *1498 In 1983, the Florida legislature amended section 944.275 to provide as follows: (1) The [department] is authorized to grant deductions from sentence in the form of gain-time to encourage satisfactory prisoner behavior, to provide incentive for prisoners to participate in productive activities and to reward prisoners who perform outstanding deeds or services....

...(5) When a prisoner is found guilty of an infraction of the laws of this state or the rules of the department, gain-time may be forfeited according to law. Correctional Reform Act of 1983, ch. 131, § 8, 1983 Fla.Laws 442, 442-43 (codified at Fla.Stat. § 944.275 (1987)) [hereinafter the 1983 act]....

...Thus, the fact that the Florida legislature did not realize that the 1978 act would be ex post facto by no means prevented the rights guaranteed by the 1978 act from vesting in individuals sentenced for offenses committed after the statute’s effective date. III. In sum, we conclude that the provisions of Fla.Stat. § 944.275 (1987) that allow prisoners to earn only twenty days per month of incentive gain time constitute an unconstitutional ex post facto law as applied to petitioner....

...In Florida, the state agency in charge of prisons is the Department of Corrections. See Fla. Stat. § 944.023 (1987). Our opinion will refer to this agency as "the department.” 4 . A well-behaving prisoner serving the fifth year of his sentence would receive nine days of basic gain time under Fla.Stat. § 944.275(l)(c) (1981) and in addition to those nine days could receive up to thirty-seven days of incentive gain time under Fla.Stat. § 944.275(2)(b) and (3)(a) (1981) *1498 for diligent or exceptional performance of his assigned duties....

...ime, depending on how long the prisoner has been incarcerated. See Act of June 16, 1978, ch. 304, § 1, 1978 Fla.Laws at 870. Similarly, the Department must award a well-behaving prisoner ten days of basic gain time under the 1983 act. See Fla.Stat. § 944.275(4)(a) (1987)....

...at 968 . Incentive gain time, however, is subject to a higher standard: a prisoner must diligently participate in positive activities, such as institutional labor, vocational training, academic studies, or other rehabilitative programs. See Fla.Stat. § 944.275(4)(b) (1987); Act of June 16, 1978, ch. 304, § 1, 1978 Fla.Laws at 871 (codified at Fla.Stat. § 944.275(2)(b), (3)(a) (1981))....

...n in this case as was the effect of the 1978 act on a diligent prisoner in Weaver. 15 . Petitioner has been incarcerated since June 15, 1983; therefore, under the 1978 act petitioner would accrue nine days per month of basic gain time. See Fla.Stat. § 944.275(l)(c) (1981)....

...[7] Regular gain time awards (incentive and basic gain time) are determined in part by the date of offense, the type of offense and the inmate's behavior. The amount of regular gain time awardable is not statutorily tied to the amount of prison overcrowding. See generally § 944.275, Fla....

...Negligence Claims As a preliminary matter, we dispose of those allegations of the complaint seeking to impose liability upon both the Commission and DOC based upon their alleged breach of duties placed upon them by statute. It is clear to us that the statutes invoked, specifically, sections *1261 944.275 [3] and 947.1405, [4] are simply a part of an overall statutory scheme whose sole purpose is the protection of the public through a system of apprehension, conviction and incarceration of criminal offenders....

...1988"). Neither the Parole Commission nor DOC enjoys immunity from suit for false imprisonment, in my view, on the facts Mr. Andrews alleges. Insofar as the court's judgment today affirms dismissal of the claim based on the breach of duties sections 944.275 and 947.1405, Florida Statutes (1993), allegedly impose, I concur....

...ed unlawfully for a total of more than eleven months. Money damages are not ordinarily available in habeas corpus proceedings. See Flournoy v. Moore, 752 So.2d 35 (Fla. 1st DCA 2000), rev. denied, No. SC00-569, 767 So.2d 456 (Fla. July 7, 2000). [3] Section 944.275 is the basic gain-time statute....

...within the guidelines range. Indeed, as the trial judge suggested in paragraph 3 of his order, a sentence of this defendant for these crimes of only 5 1/2 years would be inordinately low, particularly in light of the liberal gain time provisions of Section 944.275, Florida Statutes (1985)....

...Accordingly, we deny the petition. As did petitioner Gay, petitioner Rivera argues that neither the Department of Corrections nor the Florida Parole Commission (hereinafter the Commission) has authority to deny him credit for time spent on supervised release because neither section 944.275, (describing how the Department of Corrections is to determine inmate release dates) nor section 947.21, Florida Statutes (1997) (giving the Parole Commission specific authority to grant or deny credit for time spent on parole, ) has...

...hould afford Ray the opportunity to withdraw his plea. If the trial court again denies the motion, Ray must file a notice of *230 appeal within thirty days to obtain further appellate review. Reversed. SCHEB, A.C.J., and FRANK, J., concur. NOTES [1] Section 944.275, Fla....

...h. Additionally, the Department may award "incentive" gain time to prisoners who perform work service or who otherwise distinguish themselves favorably. [2] Section 775.087(2) as amended precludes eligibility for "statutory gain time under [section] 944.275," which we construe to include incentive gain time....

...be applied to such person. A defendant sentenced under this section shall not be eligible for gain-time granted by the Department of Corrections except that the Department may grant up to 20 days of incentive gain-time each month as provided for in section 944.275(4)(b). Chapter 947 deals with parole. Section 944.275(2)(a) permits incentive gain-time under subsection (4)(b) only for prisoners "sentenced to a term of years"....

...2d DCA 1994). Affirmed. WHATLEY and SALCINES, JJ., Concur. NOTES [1] Heggs v. State, 759 So.2d 620 (Fla.2000), declared chapter 95-184, Laws of Florida, unconstitutional in its entirety. Section 26 of that chapter affects the gain-time statute. See § 944.275, Fla. Stat. (1995). We note, however, that the major 1995 amendment to section 944.275 occurred in the "Stop Turning Out Prisoners Act," in chapter 95-294, Laws of Florida, which is not addressed in Heggs.

...Supreme Court of Florida. November 1, 1979. Hennard Harris, in pro. per., for petitioner. Jim Smith, Atty. Gen., and A.S. Johnston, Asst. Atty. Gen., Tallahassee, for respondent. ADKINS, Acting Chief Justice. In original habeas corpus proceedings, petitioner asserts that section 944.275 Florida Statutes (1978 Supplement) is unconstitutional as it is applied to him, in that he is harmfully required to remain in prison for an indeterminate number of months or years past the original expiration of the sentence under the law as it existed at the time of the offense....

...oner entered prison that he would be able to receive and keep the statutory gain time in the absence of disciplinary problems. Petitioner contends that he is being deprived of "good time" by an ex post facto law. In essence, it is claimed that since section 944.275, Florida Statutes (1978) permits the accumulation of a lesser amount of good time than did its predecessor, section 944.27, Florida Statutes (1977), then the application of the new statute to petitioner and the computation of his gain...

...164, 14 So.2d 267 (1943); People ex rel. Colletti v. Pate, 31 Ill.2d 354, 201 N.E.2d 390 (1964); Comerford v. Commissioner of Correction, 335 Mass. 714, 141 N.E.2d 893 (1957); Lembersky v. Parole Board of Department of Correction, 332 Mass. 290, 124 N.E.2d 521 (1954). Although section 944.275, Florida Statutes, was effective July 1, 1978, it was not implemented until January 1, 1979. This means that petitioner's gain time was computed under the provision of section 944.27, Florida Statutes (1977), until January 1, 1979, and thereafter computed pursuant to the provision of section 944.275, Florida Statutes (1978)....

...along with the earlier sentence, Mr. Pearson filed an informal inmate grievance, a formal grievance, and an administrative appeal, the petition alleges, but DOC denied the grievances and the appeal on grounds that the sentence was incompatible with section 944.275(4)(b)3., Florida Statutes (1997)....

...The circuit court in which he filed (which was not the sentencing court) denied the petition, adopting DOC's reasoning: [Mr. Pearson] was sentenced to an overall thirteen year term in Case No. 96-20 for offenses committed on or after October 1, 1995. Section 944.275(4)(a)3 [sic] is directed to [DOC] and provides that inmates serving sentences imposed for offenses committed on or after October 1, 1995 cannot be released prior to serving 85% of their sentence. Thus, [DOC] has properly structured [Mr. Pearson's] 13 year sentence to run concurrent but not co-terminous to an existing 5 year sentence which was imposed for an offense committed prior to October 1, 1995. While we do not understand how section 944.275(4)(b)3 can be read as anything more than a limitation on DOC's authority to grant gain-time, we are concerned here with the initial question of DOC's asserted authority to review the legality of sentences imposed by the courts and alter them as it deems fit....

...1 We note that according to the petitioner, his first sentence began on or about July 14, 1995 rather than January 15, 1996 as indicated in the court's order. (Parenthetical references to appendix omitted.) DOC's position has consistently been that the sentence's coterminous provision conflicts with section 944.275(4)(b)3., Florida Statutes (1997)....

...For the reasons set forth below, we agree with the Fifth District's 1999 decision in Whittaker. THE GAIN TIME FORFEITURE PROCESS When an inmate is awarded gain time while in prison, the inmate's release date is advanced and he or she is released earlier than would have been the case had no gain time been awarded. See § 944.275(1), Fla. Stat. (1999). When an inmate is released due in part to the award of that gain time and placed on probation or community control, the Department records a release date, or expiration of sentence date, for that particular sentence. See § 944.275(3)(a), Fla....

..., the inmate is returned to prison. See generally § 948.06, Fla. Stat. (1999). The Department, however, continues to maintain the original expiration date of the previous sentence until a decision is made as to the previously awarded gain time. See § 944.275(3)(a), Fla....

...A retrospective statute may work to a person's disadvantage so long as it does not deprive the person of any substantial right or protection. See Dobbert, 432 U.S. at 293-94, 97 S.Ct. at 2298-99. Under Weaver, prisoners entering the correctional system do have a statutory right under section 944.275, Florida Statutes (1985), to "good time" gain time, and it will automatically accrue to them if their behavior meets certain standards....

...ile he did not. The trial court, after receiving and considering the DOC's response, summarily denied the petition. We reverse and remand for evidentiary hearing with respect to the limited issue of disparate treatment of inmates similarly situated. Section 944.275(4)(b), Florida Statutes (1991), provides in pertinent part: (b) For each month in which a prisoner works diligently, participates in training, uses time constructively, or otherwise engages in positive activities, the department may g...

...to the Constitution as evidence of intent (relating to the 1968 Constitution). See Duer v. Moore, 765 So.2d 743, 745 (Fla. 1st DCA 2000) ("Nor do we rely in any way on the reported failure, in a subsequent legislative session, of an effort to amend section 944.275(4)(b) to require DOC to treat `indeterminate offense dates' as dates certain....

...off the fifth and all succeeding years of his sentence; and he shall be entitled to credit for a month as soon as he has served such time as, when added to the deduction allowable, would equal a month. (Footnote omitted, emphasis added.) [2] Id. [3] § 944.275(1), Fla....

...Vontsteen, 910 F.2d 187, 194 (5th Cir.), reh. granted, 919 F.2d 957 (1990): "The court's authority to retrofit a sentence for multicount convictions after some are affirmed, and others are reversed looms as an integral component of the trial judge's broad sentencing discretion." [1] Section 944.275, Fla....

...uld actually have to serve in prison. It asserts that defense counsel told him he would serve nine to ten years at most, and that he relied on this advice in entering his plea, only to learn later that he would have to serve at least 13.3 years. See § 944.275(4)(b)3., Fla....

...State, 561 So.2d 562 (Fla.1990); Heath v. Becktell, 327 So.2d 3 (Fla.1976). We now address the petition as it pertains to the department. At the time Britt committed his offense, incentive gain time was governed by two statutes pertinent to this petition: (1) sections 944.275(4)(b) and (5), Florida Statutes (1991); and (2) section 944.28(1), Florida Statutes (1991). Under section 944.275(4)(b), Britt could earn up to twenty days per month of incentive gain time for good behavior. Additionally, subsection 944.275(5) provided: "When a prisoner is found guilty of an infraction of the laws of this state or the rules of the department, gain-time may be forfeited according to law." (Emphasis added.) Section 944.28(2)(b) likewise provided: A prisone...

...ch began in 1993 and ended in 1994...." Id. Inmates sentenced for offenses committed after July 1, 1978, but prior to January 1, 1994, are eligible for basic gaintime. Doc. 16, ex. A, (hereinafter "Phelps affidavit"). However, pursuant to FLA. STAT. § 944.275(6)(a), inmates sentenced for offenses committed on or after January 1, 1994, are not eligible for basic gaintime....

...Mathis has had on gain time caselaw, they are clearly distinguishable, as discussed below. [2] In footnote 2 of our opinion in Tripp we noted that "prior to the enactment of chapter 89-531, Laws of Florida, `credit for time served' included jail time actually served and gain time granted pursuant to section 944.275, Florida Statutes (1991)....

...ime forfeiture under section 944.28(2)(a), Florida Statutes, and Florida Administrative Code Rule 33-11.011(1). This lump sum approach is consistent with the department's obligation to award basic gain time on the sentence imposed in accordance with section 944.275(4)(a), Florida Statutes, and to establish the inmate's tentative release date pursuant to section 944.275(3)(a)....

...The next relevant decision in this line of cases is Cox v. Crosby, 27 So.3d 45 (Fla. 1st DCA 2006). In Cox, the First District had for consideration the question of whether Cox's petition for writ of mandamus challenging the constitutionality of a 1993 amendment to section 944.275, Florida Statutes, was exempt from the fee and lien requirements under section 57.085(10). Section 944.275, as amended, precluded Cox from receiving basic gain time....

...h Easton v. State, 472 So.2d 1369 (Fla.3d DCA 1985) (probation order erroneous where defendant sentenced to twenty-two years' imprisonment with gain-time portion to be spent on probation). In State v. Green, 547 So.2d 925, 926 (Fla. 1989), we ruled: Section 944.275(1), Florida Statutes (1987), authorizes the Department of Corrections (department) to grant "gain-time in order to encourage satisfactory prisoner behavior, to provide incentive for prisoners to participate in productive activities, a...

...1989), that "accrued gain-time is the functional equivalent of time spent in prison" so that a "prisoner who is released early because of gain-time is considered to have completed his sentence in full" was based upon this Court's interpretation of sections 944.275, 944.28, and 944.291, Florida Statutes (1987)....

...We also affirm the sentence except that we strike the portion ordering that no gain time shall be allowed until restitution is paid. It is well settled that a trial court is without authority to prevent gain time and that the award of gain time, pursuant to section 944.275, Florida Statutes, is solely within the province of the Department of Corrections....

...d a new sentence is imposed. Upon further consideration, we find that there is merit in appellant's contention that the same rule should apply to permit appellant to receive credit for his earned gain time. The right to earn gain time is governed by § 944.275, Florida Statutes, which authorizes the Department of Corrections (DOC) to grant deductions from sentences in the form of gain time....

...son shall not be "eligible for parole or statutory gain-time under s. 944.27 or s. 944.29, prior to serving such minimum sentence." In 1978, the Legislature repealed sections 944.27 and 944.29 and simultaneously enacted a new gain-time statute under section 944.275....

...statutory gain-time ban from the mandatory gun law. We cannot agree. Although the Legislature failed to amend section 775.087(2)(b) to reflect the repeal of the former gain-time statutes and the enactment of the new gain-time statute as set forth in section 944.275, this omission was clearly the result of a clerical oversight on the part of the Legislature which this court may correct....

...will correct the mistaken reference and read the ban on the earning of statutory gain-time to prohibit *586 the earning of gain-time which was formerly covered under sections 944.27 and 944.29, Fla. Stat. (1977), but which is presently covered under section 944.275, Fla....

...1st DCA 1982), where we held that the mandatory gun law does not include a ban on the earning of work gain-time. Unlike the Legislature's failure to amend the mandatory gun law to reflect the repeal of sections 944.27 and 944.29 and the enactment of section 944.275, the Legislature's failure to include work gain-time within the gain-time prohibition set forth in section 775.087 cannot be considered a clerical error or omission, if indeed it can be considered an omission at all....

...Munch, Asst. Atty. Gen., Tampa, for appellee. *94 SANDERLIN, Judge. In this appeal Hall takes issue with the sentence he received after violation of probation. Essentially, he argues the trial court erred in denying statutory gain time. We agree. According to section 944.275, Florida Statutes (1983), awarding of gain time is solely within the province of the Department of Corrections....

...Thereafter, in 1978, the Legislature repealed sections 944.27 and 944.29 and simultaneously enacted a new gain-time statute but did not amend the mandatory gun law to reflect the repeal of the former gain-time statutes and the enactment of the new gain-time statute set forth in section 944.275....

...In the alternative, appellant argues that even if the statutory gain-time provisions of sections 944.27 and 944.29 continued in effect as part of the mandatory gun law statute after their repeal, those provisions cannot include work gain-time as set forth in section 944.275 because it was never enacted into the mandatory gun law....

...gible for "statutory gain-time under s.s. 944.27 or 944.29 prior to serving... ." (emphasis added) the mandatory sentence. Work gain-time, which was formerly covered under section 944.271, Fla. Stat. (1976 Supp.) and which is presently covered under section 944.275, Fla....

...e I, section 17, of the Florida Constitution. Appellant relies on the U.S. Supreme Court's decision in Solem v. Helm, 463 U.S. 277, 103 S.Ct. 3001, 77 L.Ed.2d 637 (1983). He points out that although he may receive gain time on a guidelines sentence, section 944.275(2)(a) authorizes gain time only for a prisoner whose sentence is for a term of years, which excludes life sentences....

...However, these omissions do not mean that the order is, as the Department's pleadings suggest, a nullity. To the extent the order was intended to affect the Department of Corrections, the Department is required only to advance Gaston's "maximum sentence expiration date" pursuant to section 944.275(2)(a), Florida Statutes (1991), without also refiguring the amount of gain time it must award him....

...he 1991 guidelines to five and a half years in prison. [1] Young was placed in the custody of the Department of Corrections ("Department") on April 27, 1998. Subsequent to Young's incarceration, the Department has applied the gain time provisions of section 944.275(4)(b)3, Florida Statutes (1997), which permits Young to accumulate up to 10 days per month incentive gain time and requires him to serve a minimum of 85% of his sentence incarcerated....

...except that no prisoner is eligible to earn any type of gain-time in an amount that would cause a sentence to expire, end, or terminate, or that would result in a prisoner's release, prior to serving a minimum of 85 percent of the sentence imposed. § 944.275(4)(b)3, Fla. Stat. (1997) (emphasis added). Moreover, because a scheme to defraud in violation of section 817.034(4)(a)1 is a true continuing offense, we find that Young's crime was "committed" *903 in 1996. [4] Therefore, section 944.275(4)(b)3 is clearly applicable to Young, and it cannot be said that the Department did anything other than correctly implement the law that existed at the time of Young's incarceration: The legislature amended ......

...the beginning date of the criminal activity. § 921.001(4)(b)3, Fla. Stat. (1997). In accordance with this statute, and because Young began his criminal activity in 1991, the trial court correctly imposed a sentence based on the 1991 guidelines. [2] Section 944.275(4)(b)3 became effective October 1, 1995. See ch. 95-294, § 2, Laws of Fla. (Stop Turning Out Prisoners Act). [3] Specifically, Young contends that, under the gain time law that existed in 1991, i.e., § 944.275(4)(a)-(b), Fla....

...ong as the overall term of the sentence is the same). The Court’s original intent was for Defendant to serve the 25-year mandatory minimum sentence followed by 15 years in prison, during which he would be eligible for gain time awards. Pursuant to section 944.275, Florida Statutes, a defendant must serve *4 at least 85% of his sentence regardless of the amount of gain time accrued....

...After considering *1280 DOC's response and Pettway's reply thereto on May 24, 1984, we granted the petition for writ of habeas corpus and ordered the DOC to release Pettway. At that time we stated that this opinion would follow. DOC contends that the grant of incentive gain-time is optional, not mandatory, because § 944.275(4)(b), Fla....

...epartment. The term "conditional gain time" does not appear in the Florida Statutes or Administrative Code. Rather, the term refers to judicial interpretation of the interaction between several statutory mechanisms governing Florida's prison system. Section 944.275, Florida Statutes (1997), allows the Department of Corrections to "grant deductions from sentences in the form of gain-time in order to encourage satisfactory prisoner behavior," while several statutory sections provide for forfeiture...

...See, e.g., Sections 944.28(1)(escape, or violation of clemency, conditional release, probation, community control, provisional release, parole, or control release allows the department "without notice or hearing, [to] declare a forfeiture of all gain-time earned"), 944.275(5)("When a prisoner is found guilty of an infraction of the laws of this state or the rules of the department, gain time may be forfeited according to law"), 947.146(12)(violation of control release results in forfeiture), and 948.06(6)(autom...

...d be shortly." Appellant alleges that counsel should have known that he would be required to serve 85 percent of his sentences. The claim refers to the 85-percent rule limiting gain time awards, implemented by the Stop Turning Out Prisoners Act. See § 944.275(4)(b)3, Fla....

...isonment of 6 years followed by 9 years' probation. With credit for time spent in the County Jail before sentence (§ 921.161(1), Fla. Stat.), credit for time actually served in prison in confinement, and credit for 875 days of basic gain time under section 944.275(1), Florida Statutes, and administrative gain time under section 944.276, Florida Statutes, the defendant completed the 6 year incarceration portion of his 1978 sentence and was released from prison on January 5, 1982....

...the defendant be resentenced thereafter. Accordingly, we do not here review the legal sufficiency of the reasons given for the departure sentence previously imposed. The trial court treated the credit the defendant received for basic gain time under section 944.275, Florida Statutes, and administrative gain time under section 944.276, Florida Statutes, against his original 6 year sentence of incarceration as being a suspended and unserved portion of that 6 year sentence....

...entencing, Batista could not qualify for release until sometime in the later part of 2012, at the earliest. And, of course, it is DOC, and not the Orange County clerk of court, which is responsible for determining Batista's correct release date. See § 944.275(2) and (3), Fla....

...2d DCA 2008) (reversing order that dismissed habeas petition and remanding for transfer to the circuit court having jurisdiction over the correctional facility in which appellant was then housed); Yeik v. Fla. Parole Comm'n, 776 So.2d 1037 (Fla. 1st DCA 2001) (same). [2] See § 944.275(4)(b) 3., Fla....

...ears). The original sentencing for the post-October 1, 1988, offenses antedated the original sentencing for the pre-October 1, 1988, offenses. [4] The release date was chosen because, with credit for time served and statutory gain-time accrued under section 944.275 Florida Statutes (1991), appellant had finished service of all five of his sentences, see State v....

...be, if an information is filed either November 1st or November 2nd or whenever, will be pled concurrent; is this what you want to do? THE DEFENDANT: Yes, sir. [3] Basic gain time has been abolished for offenses committed on or after January 1, 1994. § 944.275(6)(a), Fla.Stat....

...If the guidelines sentence exceeds the mandatory sentence, the guideline sentence should be imposed. (emphasis added) Assuming arguendo, that gain-time considerations are valid in this context, they would not in these cases, make four year sentences less than three year sentences. Gain time is authorized by section 944.275 (incentive gain time) and section 944.276 (administrative gain time). Unlike some other criminal statutes, [4] section 893.135(1)(b)1. does not exclude gain time, and the incentive gain time statute (§ 944.275) does not exclude trafficking....

...ed above. KELLY and KHOUZAM, JJ., Concur. NOTES [1] The sentence for the twelfth count, possession of drug paraphernalia, was "time served." [2] The trial court in this way precluded Mr. Denizard from benefitting from the eighty-five percent rule in section 944.275(4)(b)(3), Florida Statutes (2007)....

...One of his complaints was that prior to the pleas he was led to believe that the new sentences would terminate at the conclusion of the earlier sentence. He alleged that contrary to this representation, the Department of Corrections had advised him that in accord with section 944.275(4)(b)3., Florida Statutes (1995), he must serve eighty-five percent of his new sentences so that those sentences will not terminate at the expiration of the previously imposed sentence....

...ences. The trial court further determined that because the "85 percent *1109 rule" was discussed during the plea proceedings, the appellant was aware that it would apply to these sentences. We begin our resolution of this case with an examination of section 944.275(4)(b)3., which is the critical underpinning of the appellant's claim for relief....

...Furthermore, it is crystal clear that the trial court's offer to make the new sentences coterminous with the first sentence, made with the concurrence of the state, was in direct response to appellant's counsel's imminently correct advice regarding the impact of the "85 percent rule" embodied in section 944.275(4)(b)3., and was an attempt to "solve that problem" by leading the appellant to believe that this rule, under the offer made, would not apply to his new sentences....

...In view of this record, we have no other alternative but to conclude that appellant's pleas were the product of a mistaken assumption, induced by the trial court with the agreement of the state, that his new sentences would terminate at the conclusion of his earlier sentence. As noted, however, section 944.275(4)(b)3....

...In his petition, Avera alleged that he was being illegally held because DOC improperly forfeited 277 days of basic gain time as a result of his escape conviction. Although unartfully worded, the petition asserted that DOC had calculated the amount of basic gain time forfeited by using revised section 944.275, Florida Statutes (1983)....

...DOC also submitted an affidavit explaining the method used to calculate the amount of gain time forfeited. The trial court summarily denied Avera's petition again and adopted DOC's calculations. Avera appealed. In his brief, Avera again argues that using revised section 944.275, Florida Statutes (1983), to calculate the amount of basic gain time forfeited was an ex post facto application of law based on Waldrup v. Dugger, 562 So.2d 687 (Fla. 1990). He urges that DOC should have used section 944.275, Florida Statutes (1981), the statute in effect at the time of his escape and escape conviction....

...e. Specifically, Waldrup complained that the revised statute penalized him because it did not offer as much incentive gain time as the earlier version. The Supreme Court agreed and held that the retroactive application of the 1983 amended version of section 944.275, Florida Statutes, was ex post facto as applied to Waldrup....

...the offender. Waldrup, 562 So.2d at 691; Weaver v. Graham, 450 U.S. 24, 29, 101 S.Ct. 960, 964, 67 L.Ed.2d 17, 23 (1981), citing, Lindsey v. Washington, 301 U.S. 397, 401, 57 S.Ct. 797, 799, 81 L.Ed. 1182, 1186 (1937). First, the legislature revised section 944.275, Florida Statutes, in 1983 by changing the formula for calculating both basic and incentive gain time. The revised statute provided that basic gain time be "computed on and applied to all sentences imposed for offenses committed on or after July 1, 1978." § 944.275(6)(a), Fla. Stat. (1983), (Ch. 83-131, § 8, Laws of Fla.); see Fla. Admin. Code R. 33-11.0035(1)(b). As a result, DOC retrospectively applied the revised version of section 944.275 to calculate the amount of basic gain time Avera earned prior to his escape. Second, under the 1983 version of section 944.275, basic gain time is calculated as follows: (4)(a) As a means of encouraging satisfactory behavior, the department shall grant basic gain time at the rate of 10 days for each month of each sentence imposed on a prisoner... . § 944.275, Fla....

...DOC then multiplied that percentage (7.69 percent) by the total amount of eligible days of gain time in a 30-year sentence (3600). [2] That totaled the 277 days of basic gain time forfeited. At the time of Avera's escape and corresponding conviction, basic gain time was calculated under section 944.275 as follows: (1)(a) Three days per month off the first and second years of the sentence; (b) Six days per month off the third and fourth years of the sentence; and (c) Nine days per month off the fifth and all succeeding years of the sentence; and the prisoner shall be entitled to credit for a month as soon as the prisoner has served such time as, when added to the deduction allowable, would equal a month. § 944.275, Fla....

...days earned per 12-month period for 28 months, the amount of time served prior to escape. Under our calculations, Avera's basic gain time forfeited would be 96 days, far less than the 277 days asserted by DOC. Thus, the use of the revised version of section 944.275 was disadvantageous to Avera....

...Maher, Deputy General Counsel, Department of Corrections, Tallahassee, for Appellee. PER CURIAM. Karl B. Zopf appeals from an order denying his petition for writ of mandamus seeking to compel the Florida Department of Corrections (the Department) to award him basic gain-time pursuant to section 944.275, Florida Statutes (1993)....

...ant deductions in sentences in the form of gain-time in order to encourage satisfactory prisoner behavior, to provide incentive for prisoners to participate in productive activities, and to reward prisoners who perform outstanding deeds or services. § 944.275(1), Fla....

...0 days for each month of each sentence imposed on a prisoner, ..." A different statute provides in pertinent part that "[a] person who is convicted of committing a sexual battery on or after October 1, 1992, is not eligible for basic gain-time under s. 944.275." § 794.011(7), Fla....

...In calculating the appellant's maximum and tentative release dates, the Department determined that because "inmate Zopf was convicted of an offense under Florida Statutes Section 794.011," he is prohibited on that basis from receiving basic gain-time under section 944.275, Florida Statutes....

...(1995) ("A defendant sentenced under this section as a habitual felony offender or a habitual violent felony offender is not eligible for gain-time granted by the Department of Corrections, except that the department may grant up to 25 days of incentive gain-time each month as provided in s. 944.275(4)."), with § 775.084(4)(e), Fla. Stat. (1993), ("A defendant sentenced under this section is not eligible for gain-time granted by the Department of Corrections, except that the department may grant up to 25 days of incentive gain-time each month as provided in s. 944.275(4).")....

...ffenders or habitual violent felony offenders. It is true that the defendant is subject to the eighty-five percent rule, but that is because of a different law, the Stop Turning Out Prisoners Act. See ch. 95-294, §§ 1, 2, Laws of Fla. (codified as § 944.275(4)(c)2., Fla. Stat. (1995)). The relevant part of the habitual offender statute incorporates subsection 944.275(4) by reference....

...ted community control and was sentenced to concurrent terms of 4½ years in prison. Because Tucker's crimes were committed before October 1, 1989, he is entitled to gain time granted during the service of the initial concurrent sentences pursuant to section 944.275, Florida Statutes (1989), as *1262 well as actual time served....

...14, 1996) alleging lewd acts on or with certain minors "on divers dates on or between the 1st day of January, 1995 and the 8th day of November, 1995." Convicted of these offenses on his plea, he received concurrent, seven-year sentences. DOC originally awarded him incentive gain-time under section 944.275(4)(b), Florida *744 Statutes (1993), at the rate of twenty days per month. Section 944.275(4)(b) was later amended, see Ch....

..., 1995, ... no prisoner is eligible to earn any type of gain-time in an amount that would cause a sentence to expire, end, or terminate, or that would result in a prisoner's release, prior to serving a minimum of 85 percent of the sentence imposed." § 944.275(4)(b)3., Fla....

...We do not accept petitioner's contention that section 921.001(4)(b)(3), Florida Statutes (1995), which pertains to guidelines, not gain-time, is dispositive. Nor do we rely in any way on the reported failure, in a subsequent legislative session, of an effort to amend section 944.275(4)(b) to require DOC to treat "indeterminate offense dates" as dates certain....

...Indeed, at the time of Orosz's first offense, the statutes did provide that the Department was required to combine "cumulative" sentences into a single term for the purpose of awarding or forfeiting gain time. See § 944.27, Fla. Stat. (1973). A similar system is in place today. See § 944.275, Fla....

...That statute, which became effective on July 1, 1978, removed the Department's authority to combine cumulative sentences and substituted the following: "When a prisoner is under two or more concurrent sentences, the prisoner shall be allowed gain-time as if such sentences were all one sentence." § 944.275(4), Fla. Stat. (Supp. 1978). This statutory language was amended again in 1983. See § 944.275, Fla....

...Injunctive relief is sought on behalf of Plaintiffs who are still in the custody of the Florida Department of Corrections (DOC), and Plaintiffs Raines and Frame, who are not, seek damages. I. Undisputed material facts The statute at issue here, Fla. Stat. § 944.275(4)(b)(1995), provides in relevant part: For each month in which an inmate works diligently, participates in training, uses time constructively, or otherwise engages in positive activities, the department may grant incentive gain-time in accordance with this paragraph....

...rimes he committed in March and April of 1996. Since Comer committed these crimes after October 1, 1995, he may not be awarded more than ten days of incentive gain time per month and the total of his gain time may not exceed 15% of his sentence. See § 944.275(4)(b)3, Fla....

...Based on this Court's decisions in State v. Thompson, 750 So.2d 643 (Fla.1999); Heggs v. State, 759 So.2d 620 (Fla.2000); Salters v. State, 758 So.2d 667 (Fla.2000); and Trapp v. State, 760 So.2d 924 (Fla. 2000), Comer argues that the 85% minimum service provision of section 944.275 is invalid and therefore he is entitled to additional gain time....

...State, 759 So.2d 620 (Fla. 2000), this Court concluded that chapter 95-184, Laws of Florida also violated the single subject requirement and held it to be invalid. In a similar manner, section 26 of the invalid law only amended the principal gain time statute (section 944.275) to generally clarify which version of the gain time statutes should apply if an inmate had multiple sentences from different years....

...he general requirement that 85% of all sentences be actually served. The general provision that created the requirement for serving 85% of the sentence imposed was enacted by chapter 95-294, section 2 (the Stop Turning Out Prisoners Act). It amended section 944.275 to provide that all inmates, not just career criminals, with offense dates on or after October 1, 1995, must serve 85% of their sentences (i.e., no more than 15% of gain time is allowed)....

...960 , 67 L.Ed.2d 17 (1981) (holding that the ex post facto clause applied to changes in gain time statutes).”). Under the 1985 statutes, Smith has the opportunity to earn significant amounts of gain time to dramatically reduce his total sentence served. Section 944.275(4)(a), Florida Statutes (1985), provides that “[a]s a means of encouraging satisfactory behavior, the department shall grant basic gain-time at the rate of 10 days for each month of each sentence imposed.” § 944.275(4)(a), Fla....

...serve a sentence of roughly sixty-three years, making him eligible for release when he is eighty-one years old. However, in addition to basic gain time, Smith was also eligible to earn twenty days per month in incentive gain time for good behavior. Section 944.275(4)(b), Florida Statutes (1985), provides that “[f]or each month in which a prisoner works diligently, participates in training, uses time constructively, or otherwise engages in positive activities, the department may grant up to 20 days of incentive gain-time, which shall be credited and applied monthly.” § 944.275(4)(b), Fla....

...Petitioner seeks review of an order denying a petition for writ of habeas corpus. Petitioner challenged the Department of Corrections' calculation of his sentence. He contended that the Department violated the ex post facto clause when it applied the 1983 version of section 944.275, Florida Statutes, to his offense committed in 1981....

...r upon revocation of his parole. This court's decision in Avera v. Barton, 632 So.2d 167 (Fla. 1st DCA 1994) is directly on point. Therefore, we grant the petition. This Court has previously held in Avera, that the use of the revised 1983 version of section 944.275 to calculate gain-time forfeited for an earlier offense date is disadvantageous to the prisoner and, therefore, violates the ex post facto clause....

...Appellee filed a motion to declare section 27.3455(1) unconstitutional on the grounds that: (1) the statute violated article III, section 6 of the Florida Constitution as it embraced more than one subject and that the effect of section 27.3455(1) was to amend section 951.21 (county jail gain-time), section 944.275 (state prison gain-time), and section 939.05 (court costs applicable to indigent defendants) by reference to their title only; and (2) that section 27.3455(1) violates the Fourteenth Amendment to the United States Constitution in that it requires a defendant to perform forced labor because of his inability to pay court costs. The trial court subsequently determined that section 27.3455 was unconstitutional since its effect was to amend sections 939.05 and 944.275. We find that appellee was without standing to challenge section 27.3455 on the basis of its relationship to either sections 951.21 or 944.275 pertaining to gain-time, inasmuch as appellee was placed on probation and not, therefore, subject to the gain-time statutes....

...Second, the order would improperly negate (a) the exclusive authority of the Department of Corrections to allot gain time, see Prince v. State, 421 So.2d 791 (Fla. 1st DCA 1982); (b) the very purpose of permitting gain time as a "reward" for good behavior, see section 944.275, Florida Statutes (1983); and (c) the specific statutory provision that, when the Department releases a prisoner on account of earned gain time, he is no longer even on parole for the remainder of the original sentence....

...In 1987, the legislature increased the penalty for drug transactions within 1,000 feet of a school. § 893.13(1)(e), Fla. Stat. (1987) (corresponds to ch. 87-243, § 4, Laws of Fla.). In 1989, the legislature amended this statute to mandate a minimum sentence of three years' imprisonment with no eligibility for parole or section 944.275 statutory gain-time....

...itten sentencing documents include the condition that "the defendant shall not be eligible for gain-time granted by the Department of Corrections except that the department may grant up to 20 days of incentive gain-time each month as provided for in 944.275(4)(b)." The order further noted that the written negotiated plea agreement failed to provide that appellant's sentence was to run concurrently with any sentence imposed on pending federal charges....

...which induced his guilty plea. The trial court's denial of appellant's motion was premised on the provision in the sentencing document which specified that appellant could be granted up to twenty days of incentive gain time each month as provided by section 944.275(4)(b), and on the written negotiated plea and sentence form that did not contain a clear reference that the instant sentences are to run concurrently with sentences imposed on pending federal charges....

...Accordingly, we reverse the trial court's order denying appellant's motion and remand with instructions to the trial court to order the Department of Corrections to determine the amount of appellant's previous gain time attributable to his good behavior under section 944.275, Florida Statutes, and apply such credit to his current sentence....

...cing. [2] All of Bailey's offenses were committed prior to October 1, 1989, the effective date of chapter 89-531, Laws of Florida, so that "credit for time served" required the inclusion of jail time actually served and gain time granted pursuant to section 944.275, Florida Statutes (1989)....

...It provides for the involuntary civil commitment of persons found to be sexually violent predators upon their release from prison or other confinement. [2] Contrary to the dissent's suggestion, there is no indication Bishop delayed filing his postconviction motion challenging his illegal sentence. [3] See § 944.275(4)(b)(3), Fla....

...We affirm the departure sentence imposed because Ray was not "adversely affected by the amendments made by chapter 95-184." Id. While conceding that his departure sentence may be valid, Ray contends that he is still entitled to relief because his gain time was adversely affected by the amendments to section 944.275, Florida Statutes (1995), made by chapter 95-184, Laws of Florida....

...ircuit court. See Newsome v. Singletary, 637 So.2d 9, 11 (Fla. 2d DCA 1994). Affirmed. PARKER, A.C.J., and WHATLEY and SALCINES, JJ., Concur. NOTES [1] Section 26 of chapter 95-184, Laws of Florida, made certain changes to the gain time statute. See § 944.275, Fla. Stat. (1995). Heggs declared chapter 95-184 unconstitutional in its entirety. However, the major 1995 amendment to section 944.275 was made by chapter 95-294, Laws of Florida, a chapter not addressed in Heggs.

...Defendant relies on the fact that section 26 of chapter 95-184 contained certain provisions related to gain time. Defendant argues that with the invalidation of chapter 95-184, it follows that he is entitled to have his gain time calculated based on the version of section 944.275, Florida Statutes, which existed prior to 1995....

...In 1987, Plaintiff filed a pro se petition for writ of habeas corpus in the United States District Court for the Middle District of Florida, Raske v. Martinez, No. 87-779-CIV-ORL-18 (M.D.Fla.1987), challenging the constitutionality of the Correctional Reform Act of 1983, codified at Fla.Stat. § 944.275 (1987) ("1983 Act"), as applied, in the award of gaintime credit....

..., but because he committed his offenses in 1991, he is eligible for substantial amounts of gain-time and is not required to serve at least 85% of his sentence. See Ch. 95-294,- Laws of Fla. (designated the Stop Turning Out Prisoners Act and enacting section 944.275(4)(b)3, Florida Statutes, which limits gain-time awards that would result in a defendant’s release before serving a minimum of 85% of the imposed sentence)....

...ustody status without further proceedings. Also unlike Martinez, Appellant is serving a life sentence, which precludes the prospects of gain-time and supervised release which might be collaterally affected by Appellant’s classification record. See § 944.275(2)(a), Fla....

...Before 1993, our supreme court held that a defendant eligible for habitualization “should be told of ... the fact that habitu-alization may affect the possibility of early release through certain programs.” Ashley, 614 So.2d at 490 n. 8. In 1993, however, the legislature eliminated basic gain time for all offenders. See § 944.275(6)(a), Fla....

...See § 775.084(4)(e), Fla. Stat. (1994) (“A defendant sentenced under this section is not eligible for gain-time granted by the Department of Corrections, except that the department may grant up to 25 days incentive gain-time each month as provided in s. 944.275(4).”) (emphasis added)....

...rly release. When the defendant committed his offenses in 2007, section 775.084(4)(k)l., Florida Statutes (2007), still provided that “a habitual felony offender ... is eligible for gain-time granted by the Department of Corrections as provided in s. 944.275(4)(b) [incentive gain time].” Thus, the defendant’s claim that, as a habitual felony offender, he was not eligible for “any gain time awards” is mistaken....

...sentences and commitments. That calculation involves a consideration of the time spent between sentencing and delivery to the actual custody of the Department (see § 921.161(2), Fla. Stat. (1981)) as well as grants and forfeitures of gain time (see § 944.275 and 944.28, Fla....

...STRINGER and WALLACE, JJ., and THREADGILL, EDWARD F., Senior Judge, Concur. NOTES [1] Although Daniels actually served only twelve years of his thirty-year prison sentence, he was entitled to credit for gain-time in addition to actual prison time as credit for time served. See § 944.275(3)(b), Fla....

...88-122, § 19, Laws of Fla.; § 947.1405, Fla. Stat. (2007). [3] The length of conditional-release supervision is equal to the amount of gain time the inmate has accrued prior to release. See Evans v. Singletary, 737 So.2d 505, 507 (Fla.1999). [4] § 944.275(4)(b)3, Fla....

...nce. For a 13-month period between May 1982 and June 1983, Lee was held in "close confinement" and was not awarded gain-time. 3 In August 1983, Lee wrote to the Department contending that an amendment of the state's gain-time statute, Fla.Stat. Sec. 944.275, required that an additional 130 days of gain-time be deducted from his sentence; 10 days for each of the 13 months of close confinement....

...The Department responded that Lee was not entitled to an additional sentence reduction because his gain-time had been "withheld" due to "unsatisfactory adjustment" and that the new wording of the statute did not change this. 4 In determining when an inmate will be released, the Department is required by Sec. 944.275 to set two target dates....

...under the circumstances of this case violated Lee's Fourteenth Amendment due process rights. B. Lee's Gain-Time Rights 19 Florida law provides for granting and revoking gain-time according to specified standards and procedures. See Fla.Stat.Ann. Secs. 944.275 and 944.28 (West 1985 & Supp.1989)....

...Wainwright, 448 So.2d 1067 (Fla.Dist.Ct.App.1984), a case with facts remarkably similar to Lee's. In Baranko, a prisoner had been denied gain-time for 31 months during which he was in close confinement, 2 as authorized under the existing version of section 944.275. Effective June 15, 1983, however, section 944.275 was revised to require a hearing for all denials of gain-time, 3 and Baranko applied the new law retroactively to 1978....

...Based on the record, construing it in Lee's favor on this summary judgment appeal, see Adickes v. S.H. Kress & Co., 398 U.S. 144, 157 , 90 S.Ct. 1598, 1608 , 26 L.Ed.2d 142 (1970), it appears that no hearing or other procedural mechanism attended the "withholding" of gain-time under the old version of section 944.275, in force while both Lee and Baranko were in close confinement....

...deductions for gain-time on a monthly basis, as earned, from the sentence of every prisoner who has committed no infraction of the rules ... and who has performed in a satisfactory and acceptable manner the work, duties, and tasks assigned." Fla.Stat.Ann. Sec. 944.275(1) (West 1985) (pre-1983 version reprinted in historical note) 4 The new law applies "to all sentences imposed for offenses committed on or after July 1, 1978." Fla.Stat.Ann. Sec. 944.275(6)(a) (West 1985 & Supp.1989) 5 Both before and since the 1983 revision, section 944.28 has imposed a hearing requirement on all "forfeitures." 6 No subsequent case has overruled or modified Baranko, and it remains today the sole authoritative statement of Florida law on this point 7 See footnote 3 supra 8 Lee had originally requested deduction of the disputed gain-time in August 1983, following the revision of section 944.275, and renewed his request immediately after Baranko 9 Furthermore, Ward conflicts with this Court's decision in Barts v....

...rded solely to reduce prison overcrowding. Davis v. Singletary, 659 So.2d 1126, 1127 (Fla. 2d DCA 1995). Further, DOC could forfeit 1749 days of Galston's gain time. Gain time in Galston's sentence was composed of basic gain time awarded pursuant to section 944.275(4)(a) and incentive gain time, awarded pursuant to section 944.275(4)(b)....

...The purpose of gain time is to allow DOC to reduce a sentence "in order to encourage satisfactory prisoner behavior, to provide incentive for prisoners to participate in productive activities, and to reward prisoners who perform outstanding deeds or service." See § 944.275(1), Fla....

...ior to conditional release is forfeited. See § 947.141(3)-(4), Fla. Stat. (1991). Further, the Florida Corrections Code states that "forfeitures of gain-time, when ordered, shall be applied to make the tentative release date proportionately later." § 944.275(3)(a), Fla....

...Charlie Crist, Attorney General, and Joy A. Stubbs, Assistant Attorney General, Tallahassee, for appellee. ORDER ON APPELLANT'S MOTION FOR REVIEW WEBSTER, J. By petition for writ of mandamus, Leo J. Cox argued in the Circuit Court for Leon County that a 1993 amendment to section 944.275, Florida Statutes, which precluded him from receiving basic gain time, was unconstitutional....

...RECOVER APPLICABLE FILING FEES? MOTION FOR REVIEW GRANTED; ORDER REVERSED; and QUESTION CERTIFIED. LEWIS, J., concurs; HAWKES, J., dissents with written opinion. HAWKES, J., dissenting. Beyond dispute, Appellant's challenge to the 1993 amendment to section 944.275, Florida Statutes, as violative of the constitutional single subject requirement, was a routine civil suit....

...Indeed, at the time of Orosz's first offense, the statutes did provide that the Department was required to combine "cumulative" sentences into a single term for the purpose of awarding or forfeiting gain time. See § 944.27, Fla.Stat. (1973). A similar system is in place today. See § 944.275, Fla.Stat....

...That statute, which became effective on July 1, 1978, removed the Department's authority to combine cumulative sentences and substituted the following: "When a prisoner is under two or more concurrent sentences, the prisoner shall be allowed gain-time as if such sentences were all one sentence." § 944.275(4), Fla.Stat. (Supp.1978). This statutory language was amended again in 1983. See § 944.275, Fla.Stat....

...Id. at 902, 904. Similarly, the 1997 gain time statute applies to Cornett's sentences on the first three counts because they were continuing offenses with the last acts committed in 1997. Therefore, they were "committed on or after October 1, 1995." § 944.275(4)(b)(3), Fla....

...See Cox v. State, 737 So.2d 1080 (Fla. 1st DCA 1999) (table decision). In 2003, Cox filed in this Court a petition for writ of habeas corpus challenging the constitutionality of the Safe Streets Initiative of 1994 (the Act), which inter alia amended section 944.275, Florida Statutes (1993), to restrict the awarding of basic gain time to only those prisoners who were sentenced for crimes committed prior to January 1, 1994....

...iance on the old rule; and (c) the effect on the administration of justice of a retroactive application of the new rule." Witt, 387 So.2d at 926. One purpose of the new rule stated in Green II is to ensure that the goals underlying the provisions of Section 944.275, Florida Statutes (1987), authorizing gain-time to prisoners, are preserved throughout the different procedural phases and forums of the criminal justice system....

...SHIVERS, C.J., and NIMMONS, J., concur. NOTES [1] Such goals are to "encourage satisfactory prisoner behavior, to provide incentive for prisoners to participate in productive activities, and to reward prisoners who perform outstanding deeds or services." § 944.275(1), Fla....

...Jackson does not establish that his life sentence is illegal within the meaning of this rule. Further, the claim lacks merit. Because Jackson is serving a life sentence, and not a term of years, he is not entitled to a tentative release date. See Tal-Mason v. State, 700 So.2d 453, 455-56 (Fla. 4th DCA 1997). Section 944.275(3)(a) provides: “The department shall also establish for each prisoner sentenced to a term of years a ‘tentative release date’ which shall be the date projected for the prisoner’s release from custody by virtue of gain-time granted or forfeited as described in this section.” (emphasis added)....

...The defendant was incarcerated for an offense he committed on June 21, 1985. Although he is currently serving a number of concurrent sentences, the sentence controlling his release date was imposed for the offense committed on that date. At the time he committed the offense, the only gain time statutes in effect were section 944.275, Florida Statutes (1985), providing for basic, incentive, and meritorious gain time, and section 944.598, Florida Statutes (1985), providing for emergency gain time when the population of the state correctional system exceeded 98 percent of the lawful capacity....

...Accordingly, Rice is entitled to credit on the strong armed robbery sentence for the jail time he actually served for the armed robbery conviction. Because his crimes were committed before the October 1, 1989 effective date of chapter 89-531, Laws of Florida, Rice is also entitled to credit for gain time granted pursuant to section 944.275, Florida Statutes (1985), but is not entitled to provisional credits or administrative gain time....

...Wainwright, 410 So.2d 575 (Fla. 3d DCA), petition for review denied, 419 So.2d 1201 (Fla. 1982). We grant the petition, subject to standard provisions of parole, if any. See Taylor v. Wainwright, 418 So.2d 1095 (Fla. 5th DCA 1982). At issue is the effect of the revision of section 944.275, Florida Statutes (1983), which increases the amount of gain time prisoners may earn, upon the determination of a presumptive parole release date (PPRD)....

...The Commission contends, however, that it is only responsible for considering information available at the time of the initial interview and that it, correctly, aggregated convictions existing at that point. Its response fails to state that the revision to section 944.275 (Ch....

...RD, which the Commission *1132 contends cannot be altered except under narrowly prescribed circumstances. Acknowledgment of the facts neglected by the Commission in its response leads us to conclude that the Commission ignored the revised version of section 944.275 when it set petitioner's PPRD....

...the benefit of any legislative history from respondents. Prior to 1983, gain time was less than 10 days a month. The legislature then expressly said in order to encourage satisfactory behavior, the department is authorized to grant additional time. § 944.275(1) & (4), Fla. Stat. (1983). It further said that basic gain time under this section shall be computed and applied to all prisoners sentenced for offenses committed on or after July 1, 1978. § 944.275(6)(a)....

...Cook does not claim that he is entitled to be re-sentenced. Instead, he claims that he is entitled to more gain-time than he was awarded. See id. (declaring chapter 95-184, Laws of Florida, unconstitutional in its entirety; section 26 of chapter 95-184 amended section 944.275, the gain-time statute). We agree with the Second District Court of Appeal in Clements v. State, 761 So.2d 1245 (Fla. 2d DCA 2000), that the major 1995 amendment to section 944.275 is contained in chapter 95-294, Laws of Florida, entitled "Stop Turning Out Prisoners Act," and was not addressed in Heggs....

...ed the appellant with at least the possibility that he would not serve the rest of his life in prison. There is no possibility of parole, and Florida has a statutory requirement that a prisoner serve at least eighty-five percent of his sentence. See § 944.275(4)(b)3., Fla....

...State, 759 So.2d 620 (Fla.2000), and alleges that a corrected scoresheet prepared under the 1994 guidelines would have produced a sentencing range of 40.5 to 67.5 months. He also complained that his accrued gain time was affected by the amendment to section 944.275(4), claiming it was changed by chapter 95-184....

...2d DCA 2000)(affirming denial of post-conviction motion seeking additional gain time pursuant to Heggs without taking a position on the merits of the claim, but noting that although section 26 of chapter 95-184 affects the gain-time statute, the major 1995 amendment to that statute, section 944.275, occurred in chapter 95-294, which Heggs did not address); Newsome v....

...ons that require minimum sentences and those that increase maximum sentences. According to Mosley, PRR sentences increase the maximum sentence because a defendant will serve a longer sentence than he would if he were eligible for gain time under section 944.275, Florida Statutes (2006). In the analysis that follows, we explain why we reject Mosley’s argument and adopt the reasoning articulated in Young. III. 1....

...audit. Please review and advise. PFX B: Reaudit per Roberts & orders of 9/98, 10/98, and 1/07 results in rechaining [sic] & removal of prison credit & application of Mayes/Bennett TRD changes from 7-13-07 to 11-17-2011.... (Emphasis added.) [4] See § 944.275(3)(a), Fla....

...99-188, § 9, at 1061-62, Laws of Fla. Petitioner correctly notes that the proposed amendment to section 893.135(3) at one point provided: A person sentenced to a mandatory minimum term of imprisonment under this section is not eligible for any form of gain time under s. 944.275 or any form of discretionary early release, except pardon or executive clemency or conditional medical release under s. 947.149, prior to serving the mandatory minimum term of imprisonment. Fla. S. Jour. 1284, 1419-20 (Reg. Sess. 1999) (emphasis added). However, the language “any form of gain time under s. 944.275 or” was removed from the amendment in the House of Representatives before its adoption during the 1999 regular legislative session....

...Beryl D. Roberts). This appears to be a reference to the statutory provision that allows a prisoner to earn incentive gain-time as long as it does not result in the prisoner’s release prior to serving a minimum of 85 percent of the sentence imposed. § 944.275(4)(b)3, Fla....

...This conclusion is further supported by an examination of other mandatory-minimum statutes. There are several mandatory-minimum statutes which provide that a person sentenced to a mandatory-minimum term “is not eligible for statutory gain-time under s. 944.275 or any form of discretionary early release, other than pardon or executive clemency or conditional medical release under 947.149, prior to serving the mandatory minimum sentence.” § 316.1935(6), Fla....

...(2004-2005); § 775.087(2) & (3), Fla. Stat. (1996-2005); § 784.07(3)(b), Fla. Stat. (1996-2005); § 794.0115(7), Fla. Stat. (2003-2005). In addition, “violent career criminals” are “eligible for gain-time granted by the Department of Corrections as provided in s. 944.275(4)(b)” but are “not eligible for any form of discretionary early release, other than pardon or executive clemency, or conditional medical release granted pursuant to s....

...Baranko, petitioner pro se. Jim Smith, Atty. Gen., and Gregory C. Smith, Asst. Atty. Gen., for respondent. PER CURIAM. Petitioner filed a petition for writ of habeas corpus alleging that his gain-time had not been properly calculated in accordance with Section 944.275, Fla....

...[1] After issuing a show cause order and considering three supplemental responses, we agreed with petitioner and issued the writ, stating that this opinion would follow. The new gain-time law, passed as part of the Correctional Reform Act of 1983, applies to all offenses committed on or after July 1, 1978. § 944.275(6)(a)....

...The Department of Corrections (Department) is to establish for each prisoner a "maximum sentence expiration date" [2] and a "tentative release date". The initial tentative release date is determined by deducting from the maximum sentence expiration date 10 days for each month of each sentence imposed, §§ 944.275(3)(a), (4)(a) and, for prisoners incarcerated on the effective date of the act, deducting all additional gain-time previously awarded under former subsections (2) and (3) and adding all forfeitures previously ordered. § 944.275(6)(c)....

...Thereafter, "[o]ther gain-time shall be applied when granted or restored to make the tentative release date proportionately earlier; and forfeitures of gain-time, when ordered, shall be applied to make the tentative release date proportionately later." § 944.275(3)(a). However, the tentative release date may not be later than the maximum sentence expiration date. § 944.275(3)(c)....

...*1069 We do not know of any statute giving the Department the authority to grant additional days of gain-time as a matter of grace. Certainly there is nothing in the Correctional Reform Act of 1983 which would permit such a sentence adjustment. Subsections 944.275(4)(b) and (c) authorize the Department to grant gain-time beyond the basic gain-time award for engaging in positive activities or for performing some outstanding deed....

...We therefore hold that the deduction of 121 days from the release date as a sentence adjustment cannot be sustained. For the same reason the addition of 310 days to petitioner's release date due to "forfeiture" of the right to earn gain-time for 31 months is not permissible. Although Section 944.275(6)(c) authorizes the Department to add "forfeitures" previously ordered in determining the initial tentative release date, there had been no "forfeiture" of the right to earn either 310 days gain-time or 31 months of gain-time prior to the effective date of the Act....

...Under the former law, the Department was to grant gain-time "on a monthly basis, as earned, from the sentence of every prisoner who has committed no infraction of the rules of the department or of the laws of the state and who has performed in a satisfactory and acceptable manner the work, duties, and tasks assigned... ." § 944.275, Fla....

...calculation of his release date which was consolidated with this petition for writ of habeas corpus. [2] The maximum sentence expiration date is determined by deducting jail time credit from the date the sentence or combined sentences would expire. § 944.275(2)(a), Fla....

...ce under Florida Rule of Criminal Procedure 3.800(a). We affirm. Defendant-appellant West is subject to the Stop Turning Out Prisoners Act, which among other things requires that the defendant serve a minimum of 85% of his sentence prior to release. § 944.275(4)(b)3., Fla....

...We decline to entertain this claim because the defendant was sentenced as a habitual violent felony offender, and not under the guidelines. Affirmed. NOTES [1] The defendant's crime date was December 17, 1995. [2] The title stated: An act relating to corrections; creating the "Stop Turning Out Prisoners Act"; amending s. 944.275, F.S., relating to gaintime; revising guidelines with respect to eligibility for gain-time; providing a maximum limitation of 10 days upon the amount of incentive gain-time granted with respect to specified sentences; conforming language r...

...eiture. §§ 944.28(1), 947.141(4), Fla. Stat. (1989, 1991); Duncan v. Moore, 754 So.2d at 711; Evans v. Singletary, 737 So.2d 505, 507 (Fla. 1999). In addition, the inmate's release date will be extended by the number of days he was out of prison— § 944.275(2)(c), Fla. Stat. (1989, 1991); Gay v. Singletary, 700 So.2d 1220 (Fla. 1997); Rivera v. Singletary, 707 So.2d 326 (Fla.1998). Basic gain time under section 944.275(4)(a), Florida Statutes (1989, 1991) is applied in a lump sum when the Department first receives custody of the inmate and is subject to forfeiture thereafter depending on the inmate's conduct. See Fla. Admin. Code R. 33-603.402(3)(c); § 944.275(5), Fla....

...Jones, 681 So.2d 836, 837 (Fla. 1st DCA 1996); Williams v. Wasi, 681 So.2d 839, 840 (Fla. 4th DCA 1996). Petitioner Hull understands the forfeiture of the previously awarded basic gain time but thinks that he is entitled to additional basic gain time under §§ 947.141(4) and 944.275(4)(a)3, Fla....

...The STATE of Florida, Appellee. No. 3D10-1010. District Court of Appeal of Florida, Third District. July 14, 2010. Hiraldo Valle, in proper person. Bill McCollum, Attorney General, for appellee. Before GERSTEN, SHEPHERD, and LAGOA, JJ. PER CURIAM. Affirmed. See § 944.275(3)(a), Fla....

...Counsel did not advise Hurt to reject the eight-year plea offer. Counsel did not fail to convey the plea offer or misadvise Hurt as to maximum penalty faced. Hurt failed to establish that he was prejudiced by the alleged deficient performance of counsel. Affirmed. DAMOORGIAN, GERBER and LEVINE, JJ., concur. . Section 944.275(4)(b)3., Florida Statutes, provides in relevant part: For sentences imposed for offenses committed on or after October 1, 1995, the department may grant up to 10 days per month of incentive gain-time, except that no prisoner is eligib...

...r each crime, running concurrently. [1] The concurrent sentences did not expire at the same time, primarily due to different amounts of gain time. In the 1995 possession case, McNeal was eligible to receive up to 25 days of gain time per month under section 944.275(4)(b)2., Florida Statutes (1994). On the 1996 assault, McNeal was eligible to receive only ten days per month of gain time under section 944.275(4)(b)3., Florida Statutes (1995)....

...gain time, nor accumulate gain time for future use while serving his mandatory minimum. This opinion indicates by implication that gain time can be applied to a mandatory minimum sentence if a statute does not prohibit it. Gain time is described in section 944.275, Florida Statutes (1989). Subsection 944.275(1) provides that the DOC "is authorized to grant deductions from sentences in the form of gain-time in order to encourage satisfactory prisoner behavior, to provide incentive for prisoners to participate in productive activities, and to reward prisoners who perform outstanding deeds or services." There is no indication in section 944.275 that gain time cannot apply to mandatory minimum sentences....

...out, or execution of, the sentence imposed by the court. Those state agencies include the Department of Corrections ( see, sections 944.02(2) and 945.01(2), Florida Statutes) which administers statutes relating to crediting sentences with gain time (section 944.275) and provisional credits (section 944.277) and the Parole Commission (section 947.005(1)) which administers statutory parole provisions as Judge Sharp has explored and explained in her opinion....

...d the guideline sentence calculated. If the recommended sentence is less than the mandatory penalty, the mandatory sentence takes precedence. If the guideline sentence exceeds the mandatory sentence, the guideline sentence should be imposed. [1] See § 944.275, Fla....

...Larry Nelson petitions this court for a writ of certiorari to review the order of the trial court which denied his petition for writ of mandamus. [1] Nelson argues that because he was sentenced within the Heggs [2] window period, he is entitled to the amount of gain time he would have received under section 944.275, Florida Statutes (1993), as it existed prior to the 1995 amendments made by chapter 95-184, Laws of Florida....

...to incentive gain-time." We disagree. While Green does refer to gain-time as something which is earned by the defendant through good behavior, and makes reference to "earned gain-time," there is no basis for limiting the decision as the state urges. Section 944.275, Florida Statutes (1987), entitled "gain-time," deals with all forms of gain-time except administrative gain-time, which was addressed by Section 944.276 (1987) (repealed effective July 1, 1988) and which was mechanically applied to reduce prison overcrowding....

...Specifically, on December 27, 1994, Nixon pleaded guilty to welfare fraud and was sentenced to 4 1/2 years in prison. She now contends that that conviction stems from an offense committed in 1992-1993 and, as such, she has been improperly denied the basic gain time applicable to offenses committed before January 1, 1994. See § 944.275(6)(a), Fla....

...e plus 6 years of the suspended sentence), which would exceed the permissible guidelines range. With no gain time forfeiture allowed and with Morris entitled to "basic" gain time during his current incarcerative term based upon his offense date, see section 944.275, Florida Statutes, we conclude that Morris is entitled to immediate release and is only being held because DOC has improperly denied Morris credit for the prior 4.5 years served in prison....

...[6] Because Morris was entitled to full credit for the prior 4.5-year term served, with no gain time reduction, the remaining prison term as of the date of Morris' violation of probation sentencing on January 24, 2007, was 1.5 years or 18 months. Under section 944.275(4)(a) & (6)(a), the basic gain-time provision applicable to Morris' 1986 crime, Morris was immediately entitled to 6 months of basic gain time credit (10 days for each of the additional 18 months of his 6-year sentence), which would have produced a release date of January 24, 2008....

1990, when he was seventeen years old. Under section 944.275, Florida Statutes, Johnson was ineligible for

...awarded and forfeited in a lump sum on his consecutive sentences under the gain-time statute in effect when he committed his offenses. The lower court disagreed and denied the petition as to this claim. At the time petitioner committed his offenses, section 944.275, Florida Statutes (Supp.1978), the applicable gain-time statute, provided: (4) When a prisoner is under two or more concurrent sentences, the prisoner shall be allowed gain-time as if such sentences were all one sentence; and the pris...

...consecutive sentences into a single term or overall sentence for the *669 purpose of awarding or forfeiting gain-time. State v. Lancaster, 731 So.2d 1227, 1230 (Fla.1998); Orosz, 693 So.2d at 540. However, the court found that the 1983 amendments to section 944.275 (the Correctional Reform Act of 1983) restored the Department's authority to combine consecutive sentences into a single term for the purpose of awarding or forfeiting gain-time....

for 143 days for gaintime earned pursuant to section 944.275(3)(b), Florida Statutes. If the circuit court

unfor-feited gain time accrued pursuant to section 944.275, Florida Statutes. State v. Green, 547 So.2d

...(2002), any subsequent revocation of probation — and it has recently been held that a probationer’s failure to file a single monthly report may justify revoking probation, see State v. Carter, 835 So.2d 259, 261 (Fla.2002) — might mean appellant’s return to prison for the remainder of his life. 1 See § 944.275(4)(b)(3), Fla....

...He states that “his sentence is within the legally permitted range of the guidelines enforced before the effective date of Chapter 95-184.” Therefore, he is not entitled to relief. Hatchett also argues that his sentencing affected his entitlement to gain time. He argues that because Chapter 95-184 amended section 944.275, Florida Statutes, it reduced the incentive gain time for which he is eligible....

...Orlando Rosales filed a petition for writ of certiorari challenging the trial court’s order denying his petition for writ of mandamus. The denial of mandamus relief served to uphold the Department of Corrections’ application of the eighty-five percent rule pursuant to section 944.275(4)(b)3., Florida Statutes, to petitioner’s sentence for lewd and lascivious assault upon a child, which offense was alleged to have occurred between January 1995 and December 17,1996....

...ries as to why he should be immediately released. These theories included that he was entitled to additional gain-time based upon the settlement in Raines v. Florida, 983 F.Supp. 1362 (N.D.Fla.1997), that he was entitled to incentive gain-time under section 944.275(4)(b), Florida Statutes (1999), and that he was entitled to emergency gain-time from January 1991 through December 1994....

...The courts have the authority to order credit for time served. Only incidentally does such an award encompass gain time, because once a court orders credit for time served, the defendant becomes entitled to an allowance of gain time by operation of law. Smith v. State, 682 So.2d 147, 148 (Fla. 4th DCA 1996). § 944.275(3)(b)....

...ment of Corrections. Corley argues that section 775.084(4)(e), Florida Statutes (1989), provides that the Department of Corrections may grant an offender sentenced under that section up to 20 days of incentive gain-time each month as provided for in section 944.275....

...rtment of Corrections except that the department may grant up to 20 days of incentive gain-time each month as provided for in s. 9Af-275(m)- (Emphasis added). Trial courts are without authority to prevent the award of incentive gain time pursuant to section 944.275 because that award is solely within the province of the Department of Corrections....

...2d DCA 2010) (“To convict a defendant of failure to register as a sexual offender, the State must 1 For example, the requirement that inmates serve eighty-five percent of their sentences by limiting the accrual of gain time applies only to offenses committed on or after October 1, 1995. See § 944.275(4)(f), Fla....

combined “maximum sentence expiration date.” See § 944.275(2)(a), Fla. Stat. (1993) (“The department shall

60 days of incentive gain-time pursuant to section 944.275, Florida Statutes (1997). At the time of the

...There also seems to be no dispute that, under a life sentence, he cannot earn gain time, no matter how exemplary his conduct may be while incarcerated. As of now, the gain -time statute explicitly limits its application to sentences for a term of years. See § 944.275(3)(a), Fla....

...We remand to the trial court for entry of a separate order regarding Russell’s eligibility for gain time and for modification of the judgment and sentence consistent with this opinion. The defendant need not be present. LEHAN, C.J., and PATTERSON, J., concur. . Section 944.275, Florida Statutes (1989) provides for the award of gain time to prisoners to add incentives for good behavior....

...Rochester v. State, 140 So. 3d 973, 975 (Fla. 2014) (“Rochester II”). The question not reached in Rochester II, and Melvin’s second argument on appeal, is whether the mandatory minimum provision precludes application of gain- time. See § 944.275, Fla....

...term for high-speed or aggravated fleeing and eluding of a law enforcement officer, states: “A person convicted and sentenced to a mandatory minimum term of incarceration under paragraph (3)(b) or paragraph (4)(b) is not eligible for statutory gain-time under s. 944.275 or any form of discretionary early release, other than pardon or executive clemency or conditional medical release under s....

...mmitted while 4 carrying, using or discharging a firearm. It specifically states that a person sentenced to a mandatory minimum sentence under the statute “is not eligible for statutory gain-time under s. 944.275 or any form of discretionary early release, other than pardon or executive clemency, or conditional medical release under s....

...The same language appears in section 784.07, which establishes an eight-year mandatory minimum sentence for battery on a law enforcement officer or other specified public safety personnel while possessing a semi-automatic firearm: “[T]he defendant is not eligible for statutory gain-time under s. 944.275 or any form of discretionary early release, other than pardon or executive clemency, or conditional medical release under s....

Department of Corrections’ application of section 944.275, Florida Statutes (1983), which resulted in

with incentive gain time earned pursuant to section 944.-275(4)(b), Florida Statutes (1983), and declaring

...WITH THE DECISION OF THE FLORIDA SUPREME COURT IN WALDRUP v. DUG-GER, 562 So.2d 687 (Fla.1990), IMPLEMENT ITS PRO RATA CONVERSION OF INCENTIVE GAIN-TIME EARNED UNDER CHAPTER 83-131, § 8, LAWS OF FLORIDA, TO WORK AND EXTRA GAIN-TIME AVAILABLE UNDER SECTION 944.275, FLORIDA STATUTES (1979)? We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution....

...time. Work gain-time of one day for each day of labor could be awarded to a prisoner who committed no infraction of the rules or laws of the state and “accomplished, in a satisfactory and acceptable manner, the work, duties, and tasks assigned.” § 944.275(2)(b), Fla.Stat. (1979) (emphasis added). From one to six days of extra gain-time could also be awarded each month for work performance “over and above that which may normally be expected,” among other reasons. § 944.275(3)(a), Fla.Stat....

...(1979). In contrast, as amended in 1983, the statute authorizes up to twenty days of incentive gain-time to a prisoner who “works diligently, participates in training, uses time constructively, or otherwise participates in positive activities.” § 944.275(4)(b), Fla.Stat....

...sonment of 6 years followed by 9 years’ probation. With credit for time spent in the County Jail before sentence (§ 921.161(1), Fla.Stat.), credit for time actually served in prison in confinement, and credit for 875 days of basic gain time under section 944.275(1), Florida Statutes, and administrative gain time under section 944.-276, Florida Statutes, the defendant completed the 6 year incarceration portion of his 1978 sentence and was released from prison on January 5, 1982....

...the defendant be resentenced thereafter. Accordingly, we do not here review the legal sufficiency of the reasons given for the departure sentence previously imposed. The trial court treated the credit the defendant received for basic gain time under section 944.275, Florida Statutes, and administrative gain time under section 944.-276, Florida Statutes, against his original 6 year sentence of incarceration as being a suspended and unserved portion of that 6 year sentence....

...peal. 1 Mobley argues that by directing the first thirty-six months of his sentence be served “day-for-day,” the trial court has improperly precluded him from being eligible for gain- time to which he may otherwise be entitled to under section 944.275, Florida Statutes, during the mandatory minimum portion of his sentence....

...ring the language from sections 316.1935(6), 775.087(2)(a), and 784.07(3), that require the imposition of mandatory minimum prison sentences and also specifically provide that a defendant “is not eligible for statutory gain-time under [section] 944.275 or any form of discretionary early release, other than pardon or executive clemency, or conditional medical release under [section] 947.149, prior to serving the minimum sentence” to the statute under which the defendant was sentenced th...

...The trial court, by its “day-for-day” sentence pronouncement, has affected Mobley’s ability to receive this gain- time, which it lacks authority to do. See Shupe v. State, 516 So. 2d 73, 73 (Fla. 5th DCA 1987) (“[A] trial court is without authority to prevent gain time [as] the award of gain time, pursuant to section 944.275, Florida Statutes, is solely within the province of the Department of Corrections.”)....

...r realistic opportunity to obtain release. Id. at 46-47. Here, as in Floyd, Mr. Lane’s sentences were imposed under the Criminal Punishment Code, which requires convicts to serve at least eighty-five percent of their sentences. See § 944.275(4)(b)3., Fla....

...nter society, the court is authorized to modify the sentence by releasing the juvenile based on maturity and rehabilitation but must impose a term of probation of at least five years. § 921.1402(7), Fla. Stat. (2014). This is still true even though section 944.275(4)(f), Florida Statutes (2014), which mandates prisoners to serve at least eighty-five percent of the sentence imposed, would require the juvenile offender to serve a minimum of thirty-four years....

...It is undisputed that while he was serving his sentence in this case, Appellant was convicted and sentenced on two other cases. In those cases, he was sentenced to 40 months in prison to be served concurrent with each other but consecutive to his sentence in this case. Pursuant to section 944.275(2)(b), Florida Statutes, the Department of Corrections combined - the 48 month sentence with the 40 month sentences to calculate his release date....

pre-1995 version of the gain time statute, section 944.275, Florida Statutes (1993). Appellant is not

...hieving federally mandated reduction in prison overcrowding." Langley v. Singletary, 645 So.2d 961, 961 (Fla.1994). Emergency gain-time, administrative gain-time and provisional credits differ in this respect from basic and incentive gaintime, which section 944.275, Florida Statutes (1987), authorized for all prisoners, wherever held....

gain-time with respect to his term-of-years sentence. § 944.275, Fla.Stat. (1983). There is nothing in the statutes

...to earn the maximum amount of incentive gain time afforded by statute due to their disabilities. Doc. 56, ¶ 1. They sought class certification as to the award of incentive gain time. Id., ¶ 22. But the statute at issue was alleged to be Fla.Stat. 944.275(b) (1991)....

...ling with the Court of a Joint Stipulation of Extension. SECTION V. VIOLATION OF AGREEMENT 16. The parties agree that this Agreement represents a written contract binding under state law. 17. Defendants represent that pursuant to § 944.09(1)(h) and 944.275(4)(b), Fla.Stat....

...ddressed the failure to have received notice. (e) (d) Grievances related to gain time awards for the months prior to the adoption of this rule shall be filed no later than August 1, 1994. (5) through (7) No change. Specific Authority 20.315, 944.09, 944.275 FS. Law Implemented 20.315, 944.09, 944.275 FS....

...That conflict involves an important issue of law, which required consideration of the interplay between the attempt statute, see § 777.04, Fla. Stat. (2014), a statute imposing substantive criminal liability, see § 794.011, Fla. Stat. (2014), and the incentive gain-time statute, see § 944.275, Fla....

him to serve 85% of his sentence pursuant to section 944.275(4)(b), Florida Statutes, which applies to offenses

...Further, because the crimes in that case were committed prior to October 1, 1989, the effective date of the enactment of chapter 89-531, Laws of Florida, “credit for time served” includes jail time actually served and gain time granted pursuant to section 944.275, Florida Statutes (1991)....

...3 (holding as a habitual offender, defendant will not be subject to provisions of § 775.084(4)(e) effecting gain-time granted by Department of Corrections which was enacted after his original sentencing). Any gain time will be calculated in accordance with section 944.275, Florida Stat *1004 utes (1983)....

...Appellant then filed a motion for rehearing, asserting that he had been sentenced as an habitual violent felony offender, thus entitling him only to incentive gain time, and that in his petition he was referring to incentive gain time to which he claimed entitlement under section 944.275(4)(b), Florida Statutes, and Florida Administrative Code Rule 33-11.0065....

...regarding the potential effect of his plea on a subsequent sentence imposed in another case). Here, Flint himself notes in his motion that any entitlement he may have had to basic or incentive gain time on the plea offer would have been pursuant to section 944.275, Florida Statutes (1991)....

...A controlled substance named or described in § 893.03(l)(a), (l)(b), (l)(d), (2)(a), or (2)(b) commits a felony of the first degree, ... and shall not be eligible for parole or release under the Control Release Authority pursuant to § 947.146 or statutory gain-time under § 944.275.

...*703 No Appearance for Appellee, State of Florida. GRIFFIN, J. Appellant, Manuela Marshall ["Marshall"], appeals the denial of a petition for writ of mandamus directed to the Florida Department of Corrections ["DOC"] to compel the award of gain time under section 944.275(3)(a), Florida Statutes (1981)....

sentencing, by about two-thirds, 5 In 1995, section 944.275, Florida Statutes, was amended to require that

...certificate. In the FDOC’s administrative ruling, for which the circuit court denied certiorari relief, the FDOC concluded that it had no authority to consider petitioner’s request for the one-time 60-day gain-time award because the statute providing for such an award, section 944.275(4)(d), Florida Statutes, does not apply to inmates like petitioner whose offenses were committed on or after October 1, 1995. We disagree; although the 60- day award is clearly within the FDOC’s discretion, the FDOC was required, at a minimum, to consider petitioner’s request. Subparagraphs 944.275(4)(b)1-3 govern the award of monthly incentive gain- time as follows: (b) For each month in which an inmate works diligently, participates in training, uses time constructively, or otherwise engages in positive activities,...

...as that date at which the prisoner will have served 85 percent of the sentence imposed. State prisoners sentenced to life imprisonment shall be incarcerated for the rest of their natural lives, unless granted pardon or clemency. § 944.275(4)(b)1-3, Fla. Stat. (emphasis added). Subparagraph 944.275(4)(d), which provides for the 60-day educational gain-time award, reads in relevant part: Notwithstanding subparagraphs (b)1....

...incentive gain-time to an inmate who is otherwise eligible and who successfully completes requirements for and is awarded a high school equivalency diploma or vocational certificate. 3 § 944.275(4)(d), Fla....

...2d at 991 (Benton, J., 4 concurring) (citing Fla. H.R. Comm. on Corr., HB 687 (1995) Staff Analysis 3 (final Jul. 13, 1995) (on file in the State Archives)). However, Judge Benton further stated, “[t]his is not . . . the only possible reading of section 944.275(4)(b), which can also be read as imposing the ten-day-per-month limit only on ‘incentive gain-time [granted] in accordance with this paragraph,’ i.e., section 944.275(4)(b).” Id....

...* Faced with the question of which is the correct reading, we conclude that from the face of the statute itself, the second reading is correct; the phrase “in accordance with this paragraph” operates to limit the general incentive gain-time subsection 944.275(4)(b) and does not affect the educational gain-time award provided for under a separate subsection, 944.275(4)(d). There are two problems with the reading urged by the FDOC: 1) the omission of subparagraph (3) from the educational gain-time award subsection is not dispositive because the educational gain-time award subsection was enacted before subparagraph * In Perez v....

..., 1995, was ineligible to receive the 60-day gain-time award for completing his G.E.D. not because of the date his offense was committed, but because the gain-time award would have caused the inmate to serve less than 85% of his sentence contrary to section 944.275(4)(b)3, Florida Statutes....

...offenses were committed on or after October 1, 1995, was erroneous. Although the 7 ultimate decision of whether to grant the 60-day award is discretionary and subject to the 85%-of-sentence requirement discussed in subparagraph 944.275(4)(b)3, the FDOC had a ministerial duty to consider the request and at its discretion, either grant or deny it. Accordingly, we GRANT the petition for writ of certiorari, QUASH the order of the lower tribunal denying petitioner’s...

...The circuit court denied his petition for writ of mandamus by which he sought to compel the Department of Corrections to apply gain-time to those sentences. He now seeks certiorari review, and finding no departure from the essential requirements of law in that determination, we deny the petition.  The version of section 944.275, Florida Statutes, in effect at the time of petitioner’s offenses called for the Department to deduct gain-time from the sentence of “every prisoner” meeting eligibility requirements, and it was only subsequent to June 15, 19...

...In this context, the specific operation consists of the deduction of gain-time (the subtrahend) from the term of the inmate’s sentence (the minuend), and the resulting difference is what the statute refers to as the inmate’s “tentative release date.” See § 944.275(3)(a), Fla....

...Section 921.001(8) provides that a person convicted of crimes committed on or after October 1, 1983, shall be released from incarceration only upon expiration of his sentence, as reduced by accumulated gain time. It is illogical and inconsistent with section 944.275, Florida Statutes (1983) to assume that a life sentence could be reduced by accumulated gain time and it therefore follows that, where the recommended guidelines sentence is life, any sentence in excess of the recommended sentence does not result in a longer incarceration of the defendant....

...lements of the offenses to which he pled, and that the trial court failed to properly inform Appellant, that as a result of his plea, he would be precluded from accruing statutory gain time, or provisional credits in state prison as authorized under section 944.275-.278, Florida Statutes (1993)....

...to being placed on probation, since his offense occurred prior to October 1, 1989. But see Tripp v. State, 622 So.2d 941 , 942 n. 2 (Fla.1993) (“credit for time served” under Green includes time actually served and gain time granted pursuant to section 944.275, but does not include provisional credits or administrative gain time)....

...ence by releasing the juvenile based on maturity and rehabilitation but must impose a term of probation of at least five years. § 921.1402(7), Fla. Stat. (2014). This is still true even though section 944.275(4)(f), Florida Statutes (2014), which mandates prisoners to serve at least eighty-five percent of the sentence imposed, would require the juvenile offender to serve a minimum of thirty-four years....

1978, and June 14, 1983. During that period, section 944.275, Florida Statutes, authorized the award of

...Prior to the enactment of section 948.06(6), Florida Statutes (1989), when a split sentence was imposed and the probationary portion of that split sentence was revoked, credit was given for both time actually served in prison and gain time earned under section 944.275, Florida Statutes (1987)....

PER CURIAM. The defendant’s petition for writ of ha-beas corpus claiming improper calculation of gain time is denied. See § 944.275(4)(b)3, Fla....

PER CURIAM. Affirmed. See § 944.275(6), Fla.Stat....

...2d DCA 2000)(affirming denial of post-conviction motion seeking additional gain time pursuant to Heggs without taking a position on the merits of the claim, but noting that although section 26 of chapter 95-184 affects the gain-time statute, the major 1995 amendment to that statute, section 944.275, occurred in chapter 95-294, which Heggs did not address); Newsome v....

...twenties when he is released from prison;2 and, even without any gain-time, Lambert will be released when he is 31 years old. Moreover, the executive 2 Lambert is eligible to earn gain-time, but he will have to serve at least 85% of his sentence, or 12.75 years. See § 944.275 (4)(b)3., Fla....

...ence by releasing the juvenile based on maturity and rehabilitation but must impose a term of probation of at least five years. § 921.1402(7), Fla. Stat. (2014). This is still true even though section 944.275(4)(f), Florida Statutes (2014), which mandates prisoners to serve at least eighty-five percent of -7- Miller holding does not extend to Bailey's sentence imposed pursuant to...

...Because the attachments to the trial court’s order do not conclusively refute this claim we must reverse and remand for the trial court to consider this issue in accord with Cook v. State, 645 So.2d 436 (Fla.1994). If Brewster’s offense was committed prior to October 1, 1989, he is entitled to gain time pursuant to section 944.275, Florida Statutes (1989)....

State, 478 So.2d 462, 464 (Fla. 1st DCA 1985); § 944.275, Fla. Stat. (1987); see Bruton v. State, 510 So

service of that initial sentence pursuant to section 944.275, Florida Statutes (1989). Tripp, 622 So.2d

...Wesley is also serving two more sentences that are concurrent and coterminous with the 1990 sentence. However, these additional sentences do not affect the analysis here. .This is his "tentative release date,” the date projected for release from custody by virtue of gain time granted or forfeited pursuant to section 944.275(3)(a), Florida Statutes (1989)....

...State, 631 So.2d 1096, 1097 (Fla.1994); Tripp, 622 So.2d at 942 n. 2. The Supreme Court of Florida in Tripp recognized that prior to the enactment of chapter 89-531, Laws of Florida, credit for time served included jail time actually served and gain time granted pursuant to section 944.275, Florida Statutes (1991)....

...In each of those cases, the defendant received a term-of-years sentence under the current statutory scheme, which offers no parole eligibility and requires a defendant to serve at least eighty-five percent of his sentence before he may be released. See § 944.275(4)(b)3 Fla....

...d offense. Tripp, 622 So.2d at 942 . In a footnote the supreme court explained: We note that prior to the enactment of chapter 89-531, Laws of Florida, “credit for time served” included jail time actually served and gain time granted pursuant to section 944.275, Florida Statutes (1991)....

actually served and gain time granted pursuant to section 944.275, Florida Statutes (1991). State v. Green, 547

..., to work gain time amounting to 75% of the days he works. See Fla.Admin.Code Rule 33-11.065. The appellant feels that because he is not getting one day of work gain time for each day he works, that he is being deprived of work gain time contrary to § 944.275(2)(b). Appellant’s argument is without merit. Section 944.275(2)(b) does not mandate that an inmate be given one day of gain time for each and every day worked....

...tive or institutional labor performed by any prisoner who has committed no infraction of the rules of the department or of the laws of this state and who has accomplished, in a satisfactory and acceptable manner, the work duties, and tasks assigned. § 944.275(2)(b), Fla.Stat....

...sifying his job as “semi-skilled” as opposed to “skilled.” We additionally note that since appellant received a disciplinary report in August 1981, he was statutorily prohibited from receiving statutory or work gain time during that month. §§ 944.275(1), .275(2)(b), Fla.Stat....

...Except as provided by this section, a prisoner shall not accumulate further gain-time awards at any point when the tentative release date is the same as that date at which the prisoner will have served 85 percent of the sentence imposed.... . The 85% rule, set forth by section 944.275(4)(b)3., Florida Statutes (1995), provides,

PER CURIAM. Affirmed. See § 944.275(3)(a), Fla....

...fferent scoresheet, we affirm the order denying relief on authority of Richmond v. State, 867 So.2d 449 (Fla. 3d DCA 2004). The defendant argues that she is not being awarded the correct amount of gain time under the gain time statute. See generally § 944.275, Fla....

...If the trial court again concludes that summary denial is proper, it must attach to its order those portions of the ease file and record which refute his claim. ■ Reversed and remanded. FRANK, A.C.J., and PATTERSON and ALTENBERND, JJ., concur. . See § 944.275(4)(b)(3), Fla....

...That sentence, however, does not alter his ability to earn gain-time on the earlier imposed sentences. 1 Any gain-time granted and not forfeited on the Brevard County sentences, earned in the past or in the future, is not affected by the later imposed habitual offender sentence. See § 944.275(3)(b), Fla.Stat....

...ot entitle him to relief in the trial court. Affirmed. FRANK, A.C.J., and PARKER, J., concur. . With respect to basic gain-time, the Department of Corrections must grant the prisoner ten days per month in determining the expiration of sentence date. § 944.275, Fla.Stat....

...State, 495 So.2d 188 (Fla. 2d DCA 1986), and need not be further discussed. Appellant also contends that the passage of section 27.3455 violated article III, section 6 of the Florida Constitution by amending section 939.05, Florida Statutes (1983), and section 944.275, Florida Statutes (1983), without setting out in full the *721 amended acts....

...expired in 1999, and thereafter he would have begun serving the remainder of that sentence (27 years). Even if at that point he became eligible for gain time, Florida law requires that he serve 85% (or 22.95 years) of the remaining 27 years of that 30-year sentence. See § 944.275(4)(b)3, Fla....

...In June 1989, appellant entered a negotiated plea of guilty to sale or delivery of cocaine, and was sentenced to an 8-year term as an habitual felony offender, thereby becoming ineligible for any gam-time other than incentive gain-time under the provisions of section 944.275(4)(b), Florida Statutes....

actually served and gain time granted pursuant to section 944.275, Florida Statutes (1991). State v. Green, 547

of the 85 percent of sentence imposed under section 944.275(4)(c)2., Florida Statutes, as amended by Chapter

the initial concurrent sentences pursuant to section 944.275, Florida Statutes (1989), as well as actual

...former counsel did not present any testimony disputing the allegation that he erroneously advised Appellant that he would be eligible for gain time. Additionally, Appellant’s former counsel acknowledged that at the time of the plea, he was unaware section 944.275(4)(e), Florida Statutes (2020), prohibits incentive gain time for defendants convicted of lewd and lascivious molestation by a person over eighteen on a person less than twelve years old. In denying Appellant’s motion to withdraw his plea, the trial court cited Smith v....

...The sentence was also well within the permitted range even though the trial court could not give a possible total sentence of 22 years as stated at the hearing. The error is not harmless, however, because the change would affect how the defendant's gain time is computed. § 944.275(4)(a)1, Fla.Stat....

...enacted into the firearm statute. See James v. Department of Corrections, 424 So.2d 826 (Fla. 1st DCA 1983). In 1978, the legislature rewrote the gain time provisions, repealing sections 944.27, 944.29 and 944.271 and providing for all gain time in section 944.275. Although the legislature failed to also amend the firearm statute to reflect the new statute number, we held that the types of gain time formerly found in section 944.27 and 944.29, which were moved to section 944.275(1) and (3), still remained unavailable to inmates serving a mandatory firearm term; and that the "work gain time" of the former section 944.271, which was moved to section 944.275(2), was likewise still available to inmates serving the mandatory firearm term. James; Curry v. Department of Corrections, 423 So.2d 584 (Fla. 1st DCA 1982). In 1983, shortly after Curry and James were decided, the legislature again amended the gain time statute and abolished the "work gain time" of section 944.275(2), formerly found in section 944.271. See Ch. 83-131 Laws of Fla. (1983). These amendments retained the other forms of gain time, but reorganized and renumbered the statute. The type of gain time formerly authorized by section 944.27 appeared at section 944.275(4)(a), and the type of gain time formerly authorized by section 944.29 appeared at section 944.275(4)(b) and (c). No other types of gain time were authorized. Also in that session, the legislature amended the firearm statute to correctly cross reference section 944.275....

additional gain time allowances due him under Section 944.275(2)(b), Florida Statutes (1978), for the period

...Regarding the instant sentence being coterminous with the Monroe County *296 sentence, Nieves’s position is also well taken. Although the judge pronounced that the Dade sentence would be concurrent and coterminous with the Monroe sentence, and the sentencing document reflects this, section 944.275(4)(b)3, Florida Statutes (1997), prevents this limitation of the Dade sentence, as that statute requires that a prisoner serve 85 percent of his sentence before release....

...withdraw his plea, if he so desired. See Turner v. State, 689 So.2d 1107 (Fla. 2d DCA 1997). As it stands, however, the coterminous issue is mooted by Nieves’s pending release. We mention it nonetheless, in order to point out that consideration of section 944.275(4)(b)3 is due whenever a trial court orders a coterminous sentence....

...That statute is also binding on the Parole and Probation Commission as to parole (see § 947.16(2)(g)) and administrative gain time (§ 944.-276(l)(a)). 1 Because we regard the three year minimum mandatory sentence as surplusage, we affirm. AFFIRM. COWART and DANIEL, JJ., concur. . Incentive gain time provided for by § 944.275 does not exclude trafficking offenses under § 893.135(1)(b)1., so it may be earned without regard to any minimum mandatory sentence language.

assault and battery sentences. Pursuant to section 944.275, Florida Statutes (1991), the Department of

...overcrowding credits and (2) the calculation of the basic gain-time (BGT) he forfeited after his parole revocations. Like the circuit court, we find no merit in either claim. We write only to explain why the application of the BGT rule in the 1983 version of section 944.275, Florida Statutes, was not an ex post facto violation in this case.  Facts In 1981, Heard was sentenced to consecutive prison terms of 15 years for strong-arm robbery and 50 years for kidnapping....

...The offenses were committed in 1980. In 1987, Heard completed his sentence for strong-arm robbery and started serving his sentence for kidnapping. The Department of Corrections awarded Heard a lump sum of 6,000 days of BGT for this sentence based on the formula in the 1983 version of section 944.275, Florida Statutes. In 1999, Heard was released on parole....

...In 2016, Heard filed a petition for writ of habeas corpus challenging the Department’s calculation of his sentence. Among other things, Heard argued that his sentence would have expired had the Department forfeited his BGT using the formula in the version of section 944.275 that was in effect in 1980 when he committed his offenses....

...ovided for a monthly award of BGT at a rate of 3 days per month for the first 2 and second years of the defendant’s sentence, 6 days per month for the third and fourth years, and 9 days per month afterwards. See § 944.275(1), Fla. Stat. (1979). In 1983, section 944.275 was amended to provide for the lump sum award of BGT at a rate of 10 days for each month of the defendant’s sentence (“the 10-day formula”). See § 944.275(4)(a), Fla....

...33-603.402(3)(c) (“In order to establish an initial tentative release date, [BGT] awards are made in a lump sum upon entry into the [D]epartment’s custody.”). This new formula was retroactively applied to “all sentences imposed for offenses committed on or after July 1, 1978.” § 944.275(6)(a), Fla....

...arole—occurred long after the 10-day formula was in effect. In Burks, the Department forfeited the entire lump sum of BGT awarded to the inmate under the 10-day formula. 944 So. 2d at 620. We held this was error because, under the version of section 944.275 in effect at the time of the inmate’s offense in 1981, BGT was awarded on a monthly basis....

served, as well as gain time granted under section 944.275, Florida Statutes (1987). Bailey v. State,

1989, he is entitled to gain time pursuant to section 944.275, Florida Statutes (1987). The court may delegate

...The original scoresheet was correctly used throughout all sentencing proceedings. Hollo-man v. State, 600 So.2d 522 (Fla. 5th DCA 1992). We note that prior to the enactment of Chapter 89-531, Laws of Florida, "credit for time served” included jail time actually served and gain time granted pursuant to section 944.275, Florida Statutes (1991)....

...The State contends that if only basic gain time had been awarded, then Phillips would have been in lawful custody when commitment proceedings were commenced. However, the State has pointed to no authority to support its contention that basic and incentive gain time should be treated differently. Under section 944.275(4)(b), Florida Statutes (1989), [6] incentive gain time "shall be credited and applied monthly." In September 2005, when the postconviction court ordered that Phillips receive credit against the sentence imposed *956 upon revocation o...

...In substance defendant claims that the plea colloquy did not conform to the requirements of Ashley v. State, 614 So.2d 486 (Fla.1993). We conclude that defendant is entitled to no relief on this point. For offenses committed on or after January 1, 1994, the legislature has abolished basic gain time. See § 944.275(4)(a), (6)(a), Fla. Stat. (1993). For offenses committed on or after January 1, 1994, inmates may earn incentive gain time, but will no longer be given automatic grants of basic gain time. Id. § 944.275(4)(b)-(c), (6)(b)....

...Further, because the crimes in this case were committed prior to October 1, 1989, the effective date of the enactment of chapter 89-531, Laws of Florida, “credit for time served” includes jail time actually served and gain time granted pursuant to section 944.275, Florida Statutes (1991)....

...Appellant contends, in essence, that he is entitled to credit for time served while he was out of prison as a conditional releas-ee. 1 Apparently, he violated the conditions of his release and was re-incarcerated. His argument is predicated on the existence of section 944.275(2)(e), Florida Statutes (1995), which expressly allows extension of release dates for probation violators and escapees but does not mention those who violate their conditions of conditional release....

...Accordingly, we reverse with directions to permit her to withdraw her plea. The other issues Ci-ambrone raises have no merit and we will not discuss them further. Ciambrone’s son died in May 1995. Her eligibility for gain time is thus determined under section 944.275(4)(c)(2), Florida Statutes (1993), which states: For sentences imposed for offenses committed on or after January 1, 1994, for offenses which are, were, or would have been ranked on the offense severity chart in s....

...Thus, Ciambrone believed that she could be eligible for release from prison after about ten years. She testified that this possibility was the most significant factor in her decision to enter the plea agreement. We note that confusion about the effect of gain time apparently was wide-spread at the time of Ciambrone’s plea. Section 944.275(4), Florida Statutes (2001), set forth many different ways to calculate the time that could be awarded, based on the date of the prisoner’s crime and the severity of the offense....

...He then moved to reopen the evidentiary hearing so that a DOC representative could explain the rules and how the department computed gain time. At the reopened hearing, a DOC correctional services administrator confirmed that Ciambrone was eligible for twenty days per month gain time based on a thirty-day month. See § 944.275(4)(c)(2), Fla....

PER CURIAM. Willie Seullock, Appellant, challenges the trial court’s dismissal of his habeas corpus petition. Appellant argued below that section 944.275, Florida Statutes, which requires inmates to serve 85 percent of their sentences, is violative of the single subject requirement of the Florida Constitution....

cent of which appellant must actually serve, see § 944.275(4)(b)3., Fla. Stat. (1997) — the court today remands

...(e), Fla. Stat. (1989), does not apply to life sentences. This is because conditional release is dependent on the prisoner’s reaching a "tentative release date," § 947.1405(2), Fla. Stat. (1989), which is in turn defined in the gain-time statute, § 944.275(3)(a), Fla....

...on. If the gain time credits were so applied, Milton might have earned provisional credits that were otherwise denied him while he served the last of his minimum mandatory sentences in 1988 and 1989. DOC represents that pursuant to agency policy and Section 944.275(3)(a), Florida Statutes (1989), it establishes a maximum release date based upon an inmate’s sentence, and thereafter subtracts and adds days from the end of the sentence based upon all forms of gain time and provisional credits awarded to and forfeited by the inmate. In that DOC’s interpretation of section 944.275(3)(a) does not appear inconsistent with the statutory language therein, we conclude that DOC’s denial of provisional credits during the time Milton was serv *404 ing his minimum mandatory sentence in 1988/1989 was proper....

...earlier release based on a showing of maturity or rehabilitation. See generally art. IV, § 8(a), Fla. Const.; 2 Lambert is eligible for basic and incentive gain-time, but he will have to serve at least 85% of his sentence, or 12.75 years. See § 944.275(4)(a), (4)(b)3., Fla....

...hold that the DOC is to apply the law in place when appellant committed the offense controlling his release. The applicable law did not require that an inmate rated above satisfactory or outstanding receive 37 days of basic gain-time per month. See § 944.275(2)(b), (3)(a), Fla.Stat....

...“Work” gain-time was awarded to a prisoner who committed no infraction of the rules ... or laws of the state and who has accomplished, in a satisfactory and acceptable manner, the work, duties, and tasks assigned. Id. at 689 , text accompanying n. 3 (citing Section 944.275(2)(b), Florida Statutes (1981))....

...ductive or institutional labor. Second, “extra” gain-time of one to six days per month could be given for work performance “over and above that which may normally be expected,” among other reasons. Id. at 689 , text accompanying n. 4 (citing Section 944.275(3)(a), Florida Statutes (1981))....

...The pre-1983 incentive gain-time provisions were replaced by a statute that provided for an award of up to 20 days of incentive gain-time to a prisoner who works “diligently, participates in training, uses time constructively, and otherwise engages in positive activities_” Id. at 690 , text accompanying n. 9, citing Section 944.275(4)(b), Florida Statutes (1987) (emphasis added)....