CopyCited 17 times | Published | Supreme Court of Florida | 1998 WL 904304
...fenses (murder). See § 944.277, Fla. Stat. (1992); Op. Att'y. Gen. Fla. 92-96 (1992). [3] Meadows lost his credits due to a somewhat later across-the-board cancellation of all previously awarded Administrative Gain Time and Provisional Credits. See § 944.278, Fla....
...as concerns the Ex Post Facto Clause, we find no indication in Lynce that we must now also recede from our earlier conclusions regarding due process. [12] In Langley, we discussed the reasons for the across-the-board cancellations taken pursuant to section 944.278 and found those reasons to be adequate....
...See § 944.598, Fla. Stat. (Supp.1986); ch. 86-46, § 1, Laws of Fla. The Court also indicated that the Provisional Credits statute (always) had a threshold of 97.5%. The threshold for Provisional Credits was raised to 98% on September 1, 1990. See § 944.278 (Supp.1990); ch....
CopyCited 16 times | Published | Supreme Court of Florida | 1998 WL 892663
...On January 18, 1991, the Department stopped awarding overcrowding credits under the 98% triggering threshold of the prior credits program because the Commission was awarding allotments when the 97.5% percentage threshold was reached. In 1993, the legislature repealed the Provisional Credits statute. See § 944.278, Fla....
CopyCited 15 times | Published | Supreme Court of Florida | 1994 WL 192468
...That opinion essentially held that provisional credits given to inmates convicted of certain serious crimes must be cancelled under a 1992 statute. See § 944.277(1)(i), Fla. Stat. (Supp. 1992). On June 17, 1993, DOC cancelled Griffin's administrative gain time pursuant to section 944.278, Florida Statutes (1993) (effective June 17, 1993)....
CopyCited 12 times | Published | Court of Appeals for the Eleventh Circuit | 1995 U.S. App. LEXIS 191, 1995 WL 513
...For the foregoing reasons, the petitioner is not entitled to the relief he requests. We affirm the district court’s denial of Hock’s petition. AFFIRMED. 1 . The Florida Legislature has since cancelled all awards of provisional credits. 1993 Fla.Laws ch. 93-406, § 35 (codified at Fla.Stat. § 944.278 (1993))....
CopyCited 10 times | Published | Florida 2nd District Court of Appeal | 1995 WL 511609
...a agreement contemplated that Davis would receive credit for ten years [1] against a fifteen year sentence. Thus, Davis was actually being sentenced to serve five years for the probation violation. However, as a result of the DOC's interpretation of section 944.278, Florida Statutes (1993), Davis was not awarded a full ten years of credit....
...s' right to have the terms of his plea agreement enforced. Davis now seeks mandamus relief alleging that the DOC continues to challenge the application of credit intended by the plea agreement. We do not rule on the merits of DOC's interpretation of section 944.278 as it may apply to other cases....
CopyCited 8 times | Published | Supreme Court of Florida | 1998 WL 892627
...The first two were 1989 amendments to sections
948.06 and
944.28(1). See §
944.28(1);
948.06(6), Fla. Stat. (1989). They added revocation of probation, community control, and provisional release to the circumstances permitting gain time forfeiture. Id. The third statute was section
944.278, Florida Statutes (1993), which was part of the act known as the "Safe Streets Initiative" enacted on June 17, 1993. It canceled credits for inmates in custody or upon their return to custody. The State asserts that when Lancaster was returned to prison in 1994, the State did not apply section
944.278 (the Safe Streets Initiative) to Lancaster to cancel his overcrowding gain time because before Lancaster was returned to prison, i.e., at resentencing, Lancaster had already been denied credit for his overcrowding gain time. Therefore, the State maintains that there were no overcrowding credits to cancel under section
944.278....
...Lancaster's original offense was committed before that date and thus the State cannot forfeit his Provisional Credits or Administrative Gain Time under those statutes. We further reject the argument that Lancaster's overcrowding gain time has already been canceled or may now be canceled pursuant to section 944.278, Florida Statutes (1993)(the Safe Streets Initiative)....
...As mentioned above, the Safe Streets Initiative was enacted in 1993. It canceled all Administrative Gain Time and Provisional Credits for all inmates in custody. The act did not cancel such credits for releasees unless and until they were returned to custody. Section 944.278 provides, in pertinent part: All awards of administrative gain-time under s....
...section, or who violate terms of supervision subsequent to enactment of this section, shall be terminated from supervision and returned to custody. All provisional credits shall be canceled when an offender's tentative release date is reestablished. § 944.278, Fla. Stat. (1993) (emphasis added). We conclude that both the first emphasized portion of section 944.278 providing for the cancellation of the awards for " all inmates serving a sentence or combined sentences in the custody of the department, " and the second emphasized portion providing for the cancellation of credits specifically directed at releasees would technically cover Lancaster's situation....
...mphasized section above) would be constitutional even if it were applied to inmates whose original offenses were committed prior to enactment, so long as the misconduct necessitating the revocation of supervision was committed after the enactment of section 944.278....
...891). Accordingly, we find we are required to reject the State's "subsequent or future misconduct" argument in this case as well. There is also the question of whether the State can constitutionally invoke the aforementioned first emphasized portion of section 944.278 providing for the cancellation *1233 of the awards for " all inmates serving a sentence or combined sentences in the custody of the department." Before Lynce was decided, the time of the offense was the only relevant time frame for determining whether an inmate had an ex post facto right to a certain benefit....
...ussed above). We find that the application of the Safe Streets Initiative to Lancaster now would result in the taking of something which was certainly not speculative. Accordingly, we conclude that under the analysis of Lynce, the State cannot apply section
944.278 (the Safe Streets Initiative) to Lancaster to cancel his Administrative Gain Time or Provisional Credits without violating the Ex Post Facto Clause. See also Jackson v. Singletary,
695 So.2d 494 (Fla. 3d DCA 1997)(applying first part of section
944.278 canceling awards for all inmates serving sentences in DOC's custody to petitioner would be an ex post facto violation based on analysis in Lynce ); State ex rel. Florida Dept. of Corrections v. Stevenson,
695 So.2d 727 (Fla. 5th DCA 1996) (finding it unconstitutional to apply second part of section
944.278 to Stevenson, who had been released prior to the statute's enactment, because such inmates could not have contemplated the later-enacted statute's "additional consequences for their violation of probation"), review granted,
687 So.2d 1306 (Fla.1997)....
...Administrative gain time was repealed effective July 1, 1988. See § 944.276, Fla. Stat. (1988); ch. 88-122, § 6, Laws of Fla. The provisional credits program was repealed and all prior-awarded provisional credits and administrative gain time were cancelled effective June 17, 1993. See § 944.278, Fla....
CopyCited 5 times | Published | Supreme Court of Florida | 1996 WL 726877
...V, § 3(b)(8), (9), Fla. Const. Because their cases present substantially the same questions, they were consolidated for our consideration. Petitioners, both inmates, allege that the interpretation of sections 944.277, Florida Statutes (Supp.1992), and 944.278, Florida Statutes (1993), which deprived them of both previously awarded provisional credits and the possibility of future awards of such credits, constitutes an ex post facto violation in contravention of the United States and Florida Constitutions....
...94-869-CIV-DLG (S.D.Fla.1994) *1341 (unpublished order adopting the report of the magistrate judge dated October 20, 1994), the district court adopted the report of the magistrate judge who reasoned that the retroactive denial of administrative gain time and provisional credits by the adoption of section 944.278, Florida Statutes (1993), did not violate the Ex Post Facto Clause of the United States Constitution....
...KOGAN, C.J., and OVERTON and WELLS, JJ., concur. HARDING, J., dissents with an opinion, in which SHAW and ANSTEAD, JJ., concur. HARDING, Justice, dissenting. I respectfully dissent. I would hold that the retrospective application of section 944.277, Florida Statutes (Supp.1992), and section 944.278, Florida Statutes (1993), constitutes a violation of the ex post facto clauses of the United States and Florida Constitutions....
...The presence or absence of an affirmative, enforceable right is not relevant... to the ex post facto prohibition...." Weaver,
450 U.S. at 29-30,
101 S.Ct. at 964-65 (citations omitted). Clearly, the sections at issue here apply retrospectively: section 944.277 (Supp. 1992)through interpretation by the DOC and section
944.278through its plain languagenot only changed the policies on awarding provisional credits but also applied the new policies retroactively to all inmates still under the DOC's control....
...This Court does not grant or deny relief based on the impact a decision might have; to do so is to be seduced by the Red Queen's illogical cries of "Sentence firstverdict afterwards." [10] I would hold that the provisions of sections 944.277 (Supp.1992) and 944.278 can only be applied prospectively, to those offenders whose crimes occurred on or after their effective dates....
...Singletary,
638 So.2d 500, 501 (Fla.1994) ("[L]egislative history discloses that the legislature in 1988 merely changed the name of `administrative gain time' to `provisional credits'...."). [3] Ch. 89-100, § 4, at 256, Laws of Fla. [4] Thereafter, in 1993 the legislature repealed section 944.277 and enacted section
944.278, which canceled all previously granted provisional credits for those in custody at that time....
CopyCited 5 times | Published | Supreme Court of Florida | 1994 WL 456626
...1994), should not be applicable to the cancellation of his provisional gain time. He correctly notes that Griffin dealt in part with revocation of provisional gain time for certain serious offenses, pursuant to an Attorney General's opinion. However, Langley overlooks the fact that section 944.278, Florida Statutes (1993), voided all provisional gain time for every inmate serving a sentence or combined sentence in the custody of the Florida Department of Corrections....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1999 WL 186763
...1100, 1106 (M.D.Fla.1980). Between July 1988 and January 1991, Grant received 510 days of administrative gain time and 1,370 days of provisional credits. On June 17, 1993, the Department of Corrections (the Department) canceled these credits pursuant to section 944.278, Florida Statutes (1993)....
CopyCited 3 times | Published | Supreme Court of Florida | 20 Fla. L. Weekly Supp. 150, 1995 Fla. LEXIS 466, 1995 WL 134790
...In 1979, while he was still serving his first sentence, Orosz committed a battery against a correctional officer and was sentenced to a ten-year term to run consecutively to the 1975 robbery sentence. In 1993, while Orosz was serving this second sentence, the Legislature enacted section 944.278. This statute retroactively cancelled all awards of administrative gain time and provisional credits for prisoners serving "a sentence or combined sentences in the custody of the department." § 944.278, Fla....
CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit | 2004 U.S. App. LEXIS 10589, 2004 WL 1178461
...After Gaskins committed his offenses, the Florida legislature changed its
approach to the problem of prison overcrowding. It enacted the Control Release
statute, see Fla. Stat. §
947.146, and the Provisional Credits statute was
subsequently repealed, Fla. Stat. §
944.278 (though other gain-time statutes were
left in place)....
...After Gaskins
returned to prison, all of his gain-time was forfeited pursuant to Fla. Stat. §
944.28(1), including those 270 days he had earned under the Provisional Credits
statute.
On January 4, 2000, Gaskins petitioned the Florida trial court for habeas
Stat. §
944.278....
CopyCited 2 times | Published | District Court, N.D. Florida | 1995 U.S. Dist. LEXIS 2926, 1995 WL 103524
...This statute, providing for "administrative gaintime," was in effect from February 5, 1987, to July 1, 1988. [3] All awards of administrative gaintime under § 944.276 were cancelled for inmates serving a sentence or combined sentence in DOC custody. § 944.278 (1993)....
...after January 1, 1990. When § 944.277(1) was again amended in 1992, it still contained the exclusions but, as discussed further below, did not specify an effective date. In 1993 all provisional credits previously granted were cancelled by Fla.Stat. § 944.278....
...o § 944.277(1) in 1992 did not contain an effective date. The lack of an effective date was thought to be evidence that the legislature intended the amended statute to have retroactive application. After AGO 92-96, the legislature enacted Fla.Stat. § 944.278 (1993) [5] retroactively cancelling all awards of administrative gaintime and provisional credits [6] for all inmates serving a sentence in the custody of the DOC or serving a state sentence in custody of another jurisdiction....
...st Facto Clause or due process. Hock v. Singletary,
41 F.3d 1470 (11th Cir.1995). The court found no liberty interests vested under § 944.277 or §
947.146. While the court noted that all provisional credits had been cancelled pursuant to Fla.Stat. §
944.278 (1993), *1184 it stated that it did not intend to address the cancellation of credits since that was not an issue on appeal....
...e improperly revoked after Fla.Stat. § 944.277(1) (1992) was interpreted by AGO 92-96 as having retroactive application is a constitutional challenge to that interpretation of the statute. [7] But that claim becomes moot if a challenge to Fla.Stat. § 944.278 (1993) would fail. [8] Since Petitioner proceeds pro se, this court construes his claim as including the same challenge to § 944.278 (1993)....
...A change in the law either affects the original punishment or it does not. Thus, there is no ex post facto violation in the cancellation of credits once awarded. D. Due Process Analysis Hock is not dispositive of the due process claim before this court, as it expressly did not address the cancellation of credit under § 944.278....
...The Florida Supreme Court has addressed the cancellation of provisional credits already awarded. Griffin v. Singletary,
638 So.2d 500 (Fla.1994) (addressing the loss of provisional credit by Fla.Stat. § 944.277 as construed by AGO 92-96, and subsequently after the enactment of §
944.278); Langley v. Singletary,
645 So.2d 961 (Fla.1994) (cancellation of credit under §
944.278 only)....
...2096, 2101,
124 L.Ed.2d 211 (1993) (equal protection claim); Panama City Medical Diagnostic Ltd. v. Williams,
13 F.3d 1541, 1545 (11th Cir.1994) (equal protection claim). In this case, the Florida Supreme Court in Langley articulated a conceivable rational basis for the revocation of credits under §
944.278: [A]dministrative gain time and provisional credits were temporary devices for achieving federally mandated reduction in prison overcrowding....
...Here the mechanism was the awarding of credits, which has been deemed no longer necessary. Cancellation of those credits for persons still in prison (since implementation requires only recalculation of release dates), is rationally related to these legitimate interests. Since Fla.Stat. § 944.278 (1993) is rationally related to legitimate state interests, the substantive due process challenge to the statute fails....
...San Antonio Independent School District v. Rodriguez,
411 U.S. 1, 17,
93 S.Ct. 1278, 1288,
36 L.Ed.2d 16 (1973). Petitioner is not similarly situated with persons who were released by application of provisional credits before AGO 92-96 or the effective date of §
944.278....
...[2] Exempted were inmates serving certain minimum mandatory sentences, those convicted of sexual battery or certain sexual offenses who had not yet completed a treatment program, and habitual felony offenders. [3] Ch. 87-2, §§ 1-3, and ch. 88-122, § 6, Laws of Fla. [4] Ch. 88-122, §§ 5 and 92, Laws of Fla. [5] Section 944.278 was added by Ch....
...[7] It also implicates a question of state law, whether the statute was intended to be retroactive. [8] If he were to prevail in a challenge to AGO 92-96 only, he would not be entitled to the credits forfeited because they would be immediately cancelled by operation of § 944.278 (1993)....
...st in credits once awarded, but distinguished cases involving basic and incentive gaintime finding "any due process interest in the provisional credit is far less...."
638 So.2d at 501. Griffin also said that, absent the legislative authorization of §
944.278, the DOC might have had to initiate individual proceedings for cancellation of the credits....
...en present requiring procedural due process afforded by the executive branch, absent an "across-the-board" cancellation by the legislature. Langley relied on the finding in Griffin that the "across-the-board" legislative cancellation of credit under § 944.278 did not violate due process....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1995 WL 334351
...State,
622 So.2d 941, 943 n. 2 (Fla. 1993). After the sentencing order and the briefing in this case, the supreme court decided Orosz, which provides that a defendant who committed an offense prior to October 1, 1989 and completed his sentence prior to the enactment of section
944.278, Florida Statutes (1993), has a vested right to previously awarded administrative gain time and provisional credits....
...constitutionally violate a defendant's constitutional rights against ex post facto laws and bills of attainder. *535 Id. Thus, if upon remand it is determined that defendant completed his original sentence prior to 1993, when the legislature enacted section 944.278 and retroactively cancelled all awards of administrative gain time and provisional credits, defendant should properly be credited not only with earned gain time but with administrative gain time and provisional credits....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1996 WL 355049
...Judge Evans wanted to know why DOC had not awarded the time credited by him on Galston's sentence. The attorney for DOC contended that the legislature had mandated upon sentencing for violation of probation, the cancellation of Galston's provisional credit by section
944.278, Florida Statutes (1995) and forfeiture of Galston's gain time by enactment of section
944.28(1), Florida Statutes (1995)....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2000 WL 702389
...Vargas, General Counsel; and Judy A. Bone, Assistant General Counsel, Tallahassee, for Respondent. PER CURIAM. The petitioner, Gary Emil Moore, filed a petition for writ of certiorari challenging *677 the trial court's 1999 order upholding the application of section 944.278, Florida Statutes (1997), to cancel 700 days of his provisional credits....
CopyCited 2 times | Published | Supreme Court of Florida | 1997 WL 33662
...the incarcerative portion of the defendant's initial sentence. [1] The district court stated that our opinion in Orosz "provides that a defendant who committed an offense prior to October 1, 1989, and completed his sentence prior to the enactment of section
944.278, Florida Statutes (1993), has a vested right to previously awarded administrative gain time and provisional credits." Lancaster,
656 So.2d at 534....
...arcerative portion of his initial sentence. Accordingly, we quash the district court's decision to the extent it holds that all inmates who committed an offense before October 1, 1989, and who completed their sentences prior to the 1993 enactment of section 944.278 have a vested right in previously awarded administrative gain time and provisional credits, and we remand this case for further consideration....
CopyCited 2 times | Published | Supreme Court of Florida | 22 Fla. L. Weekly Supp. 51, 1997 Fla. LEXIS 7, 1997 WL 23203
...In 1979, while he was still serving his first sentence, Orosz committed a battery against a correctional officer and was sentenced to a ten-year term to run consecutively to the 1975 robbery sentence. In 1993, while Orosz was serving this second sentence, the Legislature enacted section 944.278. This statute retroactively cancelled all awards of administrative gain time and provisional credits for prisoners serving "a sentence or combined sentences in the custody of the department." § 944.278, Fla.Stat....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1994 WL 45265
...a 1984 conviction for these offenses. [3] It also included an additional 720 days administrative gain time under a predecessor prison overcrowding provision, section 944.276, Florida Statutes (1987). [4] The statutory scheme was changed in 1993. See § 944.278, Fla....
CopyCited 2 times | Published | Supreme Court of Florida | 2002 WL 717819
...area as concerns the Ex Post Facto Clause, we find no indication in Lynce that we must now also recede from our earlier conclusions regarding due process. In Langley, we discussed the reasons for the across-the-board cancellations taken pursuant to section 944.278 and found those reasons to be adequate....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2000 WL 1514461
...In this certiorari proceeding, we review the trial court's denial of a petition for habeas corpus. Petitioner Phillip Black claims that the Department of Corrections (Department) violated the Ex Post Facto Clause of the United States Constitution when, pursuant to section 944.278, Florida Statutes (1999) [1] , it canceled petitioner's retroactive award of administrative gain time and provisional credits totaling 440 days....
...visional credits. Accordingly, we find that the Department's cancellation of petitioner's gain time and credits did not violate the Ex Post Facto Clause. The petition for writ of certiorari is DENIED. BARFIELD, C.J., and DAVIS, J., CONCUR. NOTES [1] Section 944.278 provides in part that "[a]ll awards of administrative gain-time under s....
CopyPublished | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 9661, 1994 WL 549506
...ER CURIAM. Charles Siers appeals an order which dismissed his petition for writ of mandamus. We affirm. The petition for writ of mandamus filed in the trial court claimed that the Florida Senate’s action in passing Senate Bill No., 26B (1993) (now section 944.278, Florida Statutes (1993)) was a violation of the ex post facto provision of the United States Constitution because it had the effect of causing the Department of Corrections to rescind provisional or administrative gain time which had previously been awarded....
CopyPublished | Florida 1st District Court of Appeal | 2000 Fla. App. LEXIS 14936, 2000 WL 1707804
...Appellants are seven inmates who sued the Department of Corrections (DOC) claiming false imprisonment. They alleged that DOC canceled certain of their provisional credits and/or administrative gaintime pursuant to Attorney General Opinion 92-96 (1992), and/or section 944.278, Florida Statutes (1993), and that the United States Supreme Court held in Lynce v....
CopyPublished | Florida 3rd District Court of Appeal | 1997 Fla. App. LEXIS 4871
944.277(l)(i), Fla. Stat. (Supp.1992), and section
944.278, Fla. Stat. (1995). The appellant claims that
CopyPublished | Florida 4th District Court of Appeal | 1995 Fla. App. LEXIS 6385, 1995 WL 353429
...Appellee argues that DOC could have can-celled provisional credits or administrative *254 gain-time credits, which are based on prison overcrowding, because appellant was convicted of aggravated battery. See Webb,
630 So.2d at 676 . Even before these credits were statutorily cancelled by section
944.278, Florida Statutes (1993), they have not been available since 1988 to prisoners convicted of aggravated battery....
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 6253, 22 Fla. L. Weekly Fed. D 1436
...88-122, § 6, at 527, 537, Laws of Fla.) and provisional credits under section 944.277, Florida Statutes (Supp.1988)(repealed by ch. 93-406, § 32, at 2911, 2966, Laws of Fla.), the order below denying mandamus is reversed 1 because he was unlawfully deprived of those benefits by the enactment of section 944.278, Florida Statutes (1993)....
CopyPublished | Florida 3rd District Court of Appeal | 2002 Fla. App. LEXIS 18578, 2002 WL 31828322
...3, he had in fact been granted, as required by Lynce , all the provisional gain time credits which had already been awarded and of which he therefore could not be deprived. As Gomez squarely holds, however, he was not entitled, as he argues, to additional credits which had not yet been awarded when section 944.278, Florida Statutes (1993), which purported to cancel all such credits, was enacted....
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 13969, 1997 WL 762045
...He argued that his control release date was cancelled in violation of ex post facto prohibitions. He relied upon Lynce v. Mathis, — U.S. -,
117 S.Ct. 891 ,
137 L.Ed.2d 63 (1997), which holds that certain Florida inmates are entitled to restoration of administrative gaintime and provisional credits cancelled pursuant to section
944.278 (and the 1992 amendments to section 944.277)....
CopyPublished | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 9113, 1996 WL 491719
...awarded Stevenson. At that time, however, the Department lacked any authority to forfeit the previously awarded gain-time. His sentence was set, therefore, under the law as it existed on the date of his sentence. But in 1993, the legislature enacted section 944.278 Florida Statutes: All awards of administrative gain-time ......
...” Presumably such inmates would be aware of this additional consequence of their violating probation. But Stevenson’s post-release supervision (his probation) had been violated and he had been sentenced over a year prior to the effective date of section 944.278....
...We recognize that the supreme court in a case involving an inmate whose incentive gain-time and provisional credits were awarded under existing statutes and then rescinded when the new statute was enacted all within the current term that he was serving held that the new statute (section 944.278) was constitutional....
CopyPublished | District Court, M.D. Florida | 1995 U.S. Dist. LEXIS 5841, 1995 WL 254356
...On December 9,1992, his community control was revoked and he was returned to DOC custody. Petitioner’s Exhibit D-2. Petitioner was sentenced to three and one-half years less two and one-half years credit for time previously served in the DOC. Pursuant to Section 944.278, Florida Statutes (1993), DOC canceled the 301 days of provisional credits incorporated into the two and one-half years credit....
...Petitioner’s argument is without merit because the DOC did not cancel any gain time pursuant to Section
944.28, Florida Statutes (1990). See Respondent’s Exhibit A, Affidavit of Bobby Glover. 2 The DOC canceled only the 301 days of provisional credits *671 pursuant to Section
944.278, Florida Statutes (1993)....
