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Florida Statute 944.28 - Full Text and Legal Analysis
Florida Statute 944.28 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
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The 2024 Florida Statutes (including 2025 Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 944
STATE CORRECTIONAL SYSTEM
View Entire Chapter
F.S. 944.28
944.28 Forfeiture of gain-time and the right to earn gain-time in the future.—
(1) If a prisoner is convicted of escape, or if the clemency, conditional release as described in chapter 947, probation or community control as described in chapter 948, provisional release as described in 1s. 944.277, parole, or control release as described in s. 947.146 granted to the prisoner is revoked, the department may, without notice or hearing, declare a forfeiture of all gain-time earned according to the provisions of law by such prisoner prior to such escape or his or her release under such clemency, conditional release, probation, community control, provisional release, control release, or parole.
(2)(a) All or any part of the gain-time earned by a prisoner according to the provisions of law is subject to forfeiture if such prisoner unsuccessfully attempts to escape; assaults another person; threatens or knowingly endangers the life or person of another person; refuses by action or word to carry out any instruction duly given to him or her; neglects to perform in a faithful, diligent, industrious, orderly, and peaceful manner the work, duties, and tasks assigned to him or her; is found by a court to have brought a frivolous suit, action, claim, proceeding, or appeal in any court; is found by a court to have knowingly or with reckless disregard for the truth brought false information or evidence before the court; or violates any law of the state or any rule or regulation of the department or institution.
(b) A prisoner’s right to earn gain-time during all or any part of the remainder of the sentence or sentences under which he or she is imprisoned may be declared forfeited because of the seriousness of a single instance of misconduct or because of the seriousness of an accumulation of instances of misconduct.
(c) The method of declaring a forfeiture under paragraph (a) or paragraph (b) shall be as follows: A written charge shall be prepared, which shall specify each instance of misconduct upon which it is based and the approximate date thereof. A copy of such charge shall be delivered to the prisoner, and he or she shall be given notice of a hearing before the disciplinary committee created under the authorization of rules heretofore or hereafter adopted by the department for the institution in which he or she is confined. The prisoner shall be present at the hearing. If at such hearing the prisoner pleads guilty to the charge or if the committee determines that the prisoner is guilty thereof upon the basis of proof presented at such hearing, it shall find him or her guilty. If the committee considers that all or part of the prisoner’s gain-time and the prisoner’s right to earn gain-time during all or any part of the sentence or sentences under which he or she is imprisoned shall be forfeited, it shall so recommend in its written report. Such report shall be presented to the warden of the institution, who may approve such recommendation in whole or in part by endorsing such approval on the report. In the event of approval, the warden shall forward the report to the department. Thereupon, the department may, in its discretion, declare the forfeiture thus approved by the warden or any specified part thereof.
(3) Upon the recommendation of the warden, the department may, in its discretion, restore all or any part of any gain-time forfeited under this section.
History.—s. 26, ch. 57-121; s. 18, ch. 61-530; s. 2, ch. 63-243; s. 1, ch. 65-197; ss. 19, 35, ch. 69-106; s. 20, ch. 74-112; s. 48, ch. 77-120; s. 58, ch. 79-3; s. 1, ch. 82-39; s. 9, ch. 88-122; s. 6, ch. 89-526; s. 6, ch. 89-531; s. 2, ch. 91-280; s. 6, ch. 96-106; ss. 1854, 1855, ch. 97-102; s. 14, ch. 2000-161; s. 39, ch. 2010-117.
1Note.—Repealed by s. 32, ch. 93-406.

F.S. 944.28 on Google Scholar

F.S. 944.28 on CourtListener

Amendments to 944.28


Annotations, Discussions, Cases:

Cases Citing Statute 944.28

Total Results: 194

State v. Green

547 So. 2d 925, 1989 WL 83139

Supreme Court of Florida | Filed: Jul 20, 1989 | Docket: 1738749

Cited 78 times | Published

essentially a retroactive forfeiture of gain-time. Section 944.28, Florida Statutes (1987), governs the forfeiture

Schmidt v. Crusoe

878 So. 2d 361, 2003 WL 1987971

Supreme Court of Florida | Filed: May 1, 2003 | Docket: 755930

Cited 63 times | Published

subject a prisoner to gain time forfeiture. See § 944.28(2)(a), Fla. Stat. (2002); ch. 96-106, § 6, Laws

Philip Walter Jones v. Secretary, Florida Department of Corrections

906 F.3d 1339

Court of Appeals for the Eleventh Circuit | Filed: Oct 29, 2018 | Docket: 8098261

Cited 57 times | Published

include the forfeiture of gain time pursuant to section 944.28(2)(a), Florida Statutes. Trial Court Order

Rivera v. State

728 So. 2d 1165, 1998 WL 951203

Supreme Court of Florida | Filed: Dec 10, 1998 | Docket: 473714

Cited 42 times | Published

sanctions under either section 944.279 or section 944.28(2)(a), Florida Statutes (1997). It is so ordered

FLORIDA DEPT., OF OFFENDER REHAB. v. Jerry

353 So. 2d 1230

District Court of Appeal of Florida | Filed: Jan 10, 1978 | Docket: 424162

Cited 37 times | Published

gain-time. Authority for the Rule is derived from Section 944.28, Florida Statutes (1975), which allows forfeiture

Waldrup v. Dugger

562 So. 2d 687, 1990 WL 89398

Supreme Court of Florida | Filed: Jun 21, 1990 | Docket: 1674671

Cited 36 times | Published

Compare § 944.275(2)(d), Fla. Stat. (1981) with § 944.28, Fla. Stat. (1981). Although DOC typically granted

Duncan v. Moore

754 So. 2d 708, 2000 WL 300409

Supreme Court of Florida | Filed: Mar 23, 2000 | Docket: 1523568

Cited 31 times | Published

supervision, then his gain time will be forfeited. See § 944.28(1), Fla. Stat. (1999). DOUBLE JEOPARDY Duncan

Simmons v. State

611 So. 2d 1250, 1992 WL 158119

District Court of Appeal of Florida | Filed: Jul 10, 1992 | Docket: 1757385

Cited 28 times | Published

required the forfeiture of accrued gain time. See § 944.28(1), Fla. Stat. (1991). Although Netherly did assert

O'BRIEN v. State

689 So. 2d 336, 1997 WL 47289

District Court of Appeal of Florida | Filed: Feb 7, 1997 | Docket: 473720

Cited 21 times | Published

any part of his or her gain time forfeited. Section 944.28(2)(a), Florida Statutes. At this point, O'Brien

Nicholas v. Wainwright

152 So. 2d 458

Supreme Court of Florida | Filed: Apr 24, 1963 | Docket: 1185942

Cited 21 times | Published

recommendation of the warden or superintendent. Section 944.28, supra, authorizes the Board, upon the recommendation

Larimore v. State

2 So. 3d 101, 2008 WL 5170550

Supreme Court of Florida | Filed: Jan 29, 2009 | Docket: 1643833

Cited 19 times | Published

Larimore's 15-year prison sentence, relying on section 944.28(1), Florida Statutes. On November 23, 2004

Bowles v. Singletary

698 So. 2d 1201, 1997 WL 348105

Supreme Court of Florida | Filed: Jun 26, 1997 | Docket: 434485

Cited 16 times | Published

[4] As amended by chapter 89-526, section 6, section 944.28(1) provided in pertinent part: If a prisoner

Jeffrey Raske v. Bob Martinez, Governor, State of Florida, and Richard Dugger, Secretary, Department of Corrections

876 F.2d 1496, 1989 U.S. App. LEXIS 9917, 1989 WL 67163

Court of Appeals for the Eleventh Circuit | Filed: Jul 11, 1989 | Docket: 286512

Cited 16 times | Published

industrious, orderly, and peaceful manner.” Fla.Stat. § 944.28(2)(a) (1987). 7 We see no fundamental

Davis v. State

705 So. 2d 133, 1998 WL 31531

District Court of Appeal of Florida | Filed: Jan 30, 1998 | Docket: 1753797

Cited 15 times | Published

or any part of his or her gain time forfeited. § 944.28(2)(a), Fla. Stat. When one prisoner ignored this

Minor v. State

963 So. 2d 797, 2007 WL 2119010

District Court of Appeal of Florida | Filed: Jul 25, 2007 | Docket: 1697309

Cited 13 times | Published

is subject to having his gain-time forfeited. § 944.28(2)(a), Fla. Stat. (2005)("All or any part of the

Mayes v. Moore

827 So. 2d 967, 2002 WL 31084622

Supreme Court of Florida | Filed: Sep 19, 2002 | Docket: 1362103

Cited 13 times | Published

88-122, § 9, at 538, Laws of Fla. (codified at § 944.28(1), Fla. Stat. (Supp.1988)); id. § 92 at 572 (providing

Dellofano v. State

946 So. 2d 127, 2007 WL 120062

District Court of Appeal of Florida | Filed: Jan 19, 2007 | Docket: 1771626

Cited 12 times | Published

days of his previously earned credit under section 944.28, Florida Statutes. He argues that the forfeiture

Eldridge v. Moore

760 So. 2d 888, 2000 WL 373762

Supreme Court of Florida | Filed: Apr 13, 2000 | Docket: 1324727

Cited 12 times | Published

provisional release, control release, or parole. See § 944.28(1), Fla. Stat. (1999).[3] There is nothing in

Hall v. State

752 So. 2d 575, 2000 WL 44045

Supreme Court of Florida | Filed: Jan 20, 2000 | Docket: 1103195

Cited 12 times | Published

Appeal's decision in Hall, the court utilized section 944.28(2)(a), Florida Statutes (Supp.1996), to sanction

Forbes v. Singletary

684 So. 2d 173, 1996 WL 627533

Supreme Court of Florida | Filed: Oct 31, 1996 | Docket: 1740956

Cited 12 times | Published

gain time otherwise available under Green. Section 944.28(1), Florida Statutes (1989), also authorized

Bradley v. State

631 So. 2d 1096, 1994 WL 37925

Supreme Court of Florida | Filed: Feb 10, 1994 | Docket: 1748404

Cited 12 times | Published

of chapter 89-531 the legislature did amend section 944.28, Florida Statutes (1987), to authorize the

Rooney v. State

699 So. 2d 1027, 1997 WL 447619

District Court of Appeal of Florida | Filed: Aug 8, 1997 | Docket: 1321299

Cited 10 times | Published

any part of his or her gain time forfeited. Section 944.28(2)(a), Florida Statutes. At this point, O'Brien

Gibson v. Florida Dept. of Corrections

885 So. 2d 376, 29 Fla. L. Weekly Supp. 626, 2004 Fla. LEXIS 1829, 2004 WL 2360131

Supreme Court of Florida | Filed: Oct 21, 2004 | Docket: 1685267

Cited 9 times | Published

in Case Nos. 93-216 and 93-297 pursuant to section 944.28(1). DOC's policy in applying the gain time

Burgess v. Crosby

870 So. 2d 217, 2004 WL 555259

District Court of Appeal of Florida | Filed: Mar 23, 2004 | Docket: 1330548

Cited 9 times | Published

Corrections ("the Department") pursuant to section 944.28(1), Florida Statutes (2001). Appellant also

Bradley v. State

703 So. 2d 1176, 1997 WL 777678

District Court of Appeal of Florida | Filed: Dec 19, 1997 | Docket: 1704202

Cited 9 times | Published

or any part of his or her gain time forfeited. § 944.28(2)(a), Fla. Stat. When one prisoner ignored this

Mercade v. State

698 So. 2d 1313, 1997 WL 541321

District Court of Appeal of Florida | Filed: Sep 5, 1997 | Docket: 1524243

Cited 9 times | Published

doing so, we in turn invoke the provisions of section 944.28(2)(a), Florida Statutes (Supp.1996), find that

Hall v. State

698 So. 2d 576, 1997 WL 414279

District Court of Appeal of Florida | Filed: Jul 25, 1997 | Docket: 645513

Cited 9 times | Published

would subject him to sanctions as provided in section 944.28(2)(a), Florida Statutes (Supp.1996). This court

Geffken v. Strickler

778 So. 2d 975, 2001 WL 81761

Supreme Court of Florida | Filed: Feb 1, 2001 | Docket: 1290478

Cited 8 times | Published

(statutory authority for court to find suit frivolous); § 944.28(2)(a), Fla. Stat. (1999); ch. 96-106, § 6, Laws

Crews v. State

779 So. 2d 492, 2000 WL 1781412

District Court of Appeal of Florida | Filed: Dec 6, 2000 | Docket: 1521094

Cited 8 times | Published

specific purposes and under specific procedures. See § 944.28, Fla. Stat. (1987); State v. Green, 547 So.2d

State v. Lancaster

731 So. 2d 1227, 1998 WL 892627

Supreme Court of Florida | Filed: Dec 24, 1998 | Docket: 1272520

Cited 8 times | Published

amendments to sections 948.06 and 944.28(1). See § 944.28(1); 948.06(6), Fla. Stat. (1989). They added revocation

Dowdy v. Singletary

704 So. 2d 1052, 1998 WL 3332

Supreme Court of Florida | Filed: Jan 8, 1998 | Docket: 1354485

Cited 8 times | Published

Florida Statutes (1987). The 1987 version of section 944.28(1) provided for forfeiture of gain time after

Britt v. Chiles

704 So. 2d 1046, 1997 WL 589308

Supreme Court of Florida | Filed: Sep 25, 1997 | Docket: 1354654

Cited 8 times | Published

275(4)(b) and (5), Florida Statutes (1991); and (2) section 944.28(1), Florida Statutes (1991). Under section

Johnson v. State

44 So. 3d 198, 2010 Fla. App. LEXIS 13631, 2010 WL 3584000

District Court of Appeal of Florida | Filed: Sep 15, 2010 | Docket: 2396391

Cited 7 times | Published

procedures which may include forfeiture of gain time. § 944.28(2)(a), Fla. Stat. (2009). At this time, we opt

In Re Amendments to the Florida Rules of Criminal Procedure

26 So. 3d 534, 34 Fla. L. Weekly Supp. 629, 2009 Fla. LEXIS 1948, 34 Fla. L. Weekly Fed. S 629

Supreme Court of Florida | Filed: Nov 19, 2009 | Docket: 1117422

Cited 7 times | Published

forfeiture by the Department of Corrections under section 944.28(1)). ____ It is further ordered that the defendant

Williams v. DEPT. OF CORRECTIONS

734 So. 2d 1132, 1999 Fla. App. LEXIS 6702, 1999 WL 330177

District Court of Appeal of Florida | Filed: May 21, 1999 | Docket: 1731099

Cited 7 times | Published

Department of Corrections [DOC], pursuant to section 944.28(1), Florida Statutes (1995), the DOC declared

Duncan v. State

728 So. 2d 1237, 1999 WL 188084

District Court of Appeal of Florida | Filed: Apr 7, 1999 | Docket: 239199

Cited 7 times | Published

forfeited." O'Brien, 689 So.2d at *1238 337 (citing section 944.28(2)(a), Florida Statutes (1997) ("All or any

DEPARTMENT OF CORR., STATE OF FL. v. Mattress

686 So. 2d 740, 1997 WL 7123

District Court of Appeal of Florida | Filed: Jan 10, 1997 | Docket: 1260455

Cited 7 times | Published

supervision effective November 14, 1991. Pursuant to section 944.28(1), Florida Statutes (1991), DOC forfeited

Cassady v. State

683 So. 2d 1194, 1996 WL 731670

District Court of Appeal of Florida | Filed: Dec 20, 1996 | Docket: 2584961

Cited 7 times | Published

1995). Additionally, we remind Mr. Cassady that section 944.28(2), Florida Statutes (Supp.1996), provides

Singletary v. Jones

681 So. 2d 836, 1996 WL 590536

District Court of Appeal of Florida | Filed: Oct 16, 1996 | Docket: 1384799

Cited 7 times | Published

subject to earned gain time forfeiture under section 944.28(2)(a), Florida Statutes, and Florida Administrative

Thomas v. State

605 So. 2d 1286, 1992 WL 222173

District Court of Appeal of Florida | Filed: Sep 10, 1992 | Docket: 2571256

Cited 7 times | Published

Also, the state abandoned its argument that section 944.28(1). Florida Statutes (1989), applied because

Green v. State

539 So. 2d 484, 1988 WL 149310

District Court of Appeal of Florida | Filed: Dec 28, 1988 | Docket: 1511054

Cited 7 times | Published

1986). The forfeiture of gain time is governed by § 944.28, Florida Statutes. Subsection (1) of that statute

Blackshear v. State

455 So. 2d 555

District Court of Appeal of Florida | Filed: Aug 24, 1984 | Docket: 1692740

Cited 7 times | Published

discretion of the Department of Corrections. Section 944.28, Florida Statutes (1983). The proceeding is

Smith v. State

41 So. 3d 1037, 2010 Fla. App. LEXIS 11703, 2010 WL 3119904

District Court of Appeal of Florida | Filed: Aug 10, 2010 | Docket: 1668354

Cited 6 times | Published

the rules of the Department of Corrections"); § 944.28(2)(a), Fla. Stat. (authorizing the Department

Pressly v. Tadlock

968 So. 2d 1057, 2007 WL 4245103

District Court of Appeal of Florida | Filed: Dec 5, 2007 | Docket: 1497171

Cited 6 times | Published

years' imprisonment. Moreover, in light of section 944.28(1), Florida Statutes (2000), it concludes that

Galindez v. State

909 So. 2d 597, 2005 WL 2105367

District Court of Appeal of Florida | Filed: Sep 2, 2005 | Docket: 255338

Cited 6 times | Published

time based on his violation of probation. See § 944.28, Fla. Stat. (2004). Galindez attached to his motion

Moore v. Stephens

804 So. 2d 575, 2002 WL 63324

District Court of Appeal of Florida | Filed: Jan 18, 2002 | Docket: 1699493

Cited 6 times | Published

under the original incarceration pursuant to section 944.28(1), Florida Statutes. Stephens filed administrative

Shaffner v. State

562 So. 2d 430, 1990 WL 82112

District Court of Appeal of Florida | Filed: Jun 18, 1990 | Docket: 1256158

Cited 6 times | Published

revoked 2,011 days of his gain-time pursuant to Section 944.28(1), Florida Statutes. In response to the revocation

Rankin v. Wainwright

351 F. Supp. 1306, 1972 U.S. Dist. LEXIS 10612

District Court, M.D. Florida | Filed: Dec 20, 1972 | Docket: 254211

Cited 6 times | Published

addition, pursuant to provisions of Fla.Stat. § 944.28(1) (1971), respondent exercised his discretion

Clift v. State

43 So. 3d 778, 2010 Fla. App. LEXIS 11110, 2010 WL 2976929

District Court of Appeal of Florida | Filed: Jul 30, 2010 | Docket: 2401630

Cited 5 times | Published

the rules of the Department of Corrections"); § 944.28(2)(a), Fla. Stat. (authorizing the Department

Pleas v. State

41 So. 3d 980, 2010 Fla. App. LEXIS 11098, 2010 WL 2976931

District Court of Appeal of Florida | Filed: Jul 30, 2010 | Docket: 2529058

Cited 5 times | Published

the rules of the Department of Corrections"); § 944.28(2)(a), Fla. Stat. (2009) (authorizing the Department

Singletary v. Whittaker

739 So. 2d 1183, 1999 WL 518728

District Court of Appeal of Florida | Filed: Jul 23, 1999 | Docket: 1688749

Cited 5 times | Published

committed in 1990, which means that, pursuant to section 944.28(1), Florida Statutes (1989), any gain time

Rahymes v. State

730 So. 2d 420, 1999 WL 236137

District Court of Appeal of Florida | Filed: Apr 23, 1999 | Docket: 1755252

Cited 5 times | Published

strictly enforced. Further, we point out that section 944.28(2)(a) provides a prisoner, who is found by

Green v. State

636 So. 2d 830, 1994 WL 169341

District Court of Appeal of Florida | Filed: May 6, 1994 | Docket: 1715386

Cited 5 times | Published

previously awarded gain time forfeited pursuant to section 944.28(1) and 948.06(6), Florida Statutes (1993).

Borders v. State

936 So. 2d 737, 2006 WL 2422521

District Court of Appeal of Florida | Filed: Aug 23, 2006 | Docket: 1651131

Cited 4 times | Published

Corrections forfeited Mr. Borders' gain time under section 944.28(1), Florida Statutes (2005). Mr. Borders filed

Larimore v. State

917 So. 2d 354, 2005 WL 3543920

District Court of Appeal of Florida | Filed: Dec 29, 2005 | Docket: 448342

Cited 4 times | Published

Larimore's 15-year prison sentence, relying on section 944.28(1), Florida Statutes. On November 23, 2004

Larimore v. Florida Dept. of Corrections

910 So. 2d 847, 2004 Fla. App. LEXIS 18843, 2004 WL 2870020

District Court of Appeal of Florida | Filed: Dec 10, 2004 | Docket: 1744691

Cited 4 times | Published

portion of his initial sentence, relying on section 944.28(1), Florida Statutes, and Eldridge v. Moore

Lawson v. State

751 So. 2d 623, 1999 WL 1076783

District Court of Appeal of Florida | Filed: Dec 1, 1999 | Docket: 1712573

Cited 4 times | Published

enactment of gain time forfeiture provisions of section 944.28(1), Fla. Stat. (1993). Accordingly, at the

Grant v. Singletary

730 So. 2d 805, 1999 WL 186763

District Court of Appeal of Florida | Filed: Apr 7, 1999 | Docket: 808534

Cited 4 times | Published

pursuant to section 944.28(1), Florida Statutes (1983), and all subsequent versions of section 944.28(1). Thus

Hall v. State

690 So. 2d 754, 1997 WL 155130

District Court of Appeal of Florida | Filed: Apr 4, 1997 | Docket: 2566229

Cited 4 times | Published

will subject him to sanctions as provided in section 944.28(2)(a), Florida Statutes (Supp.1996). Therefore

Buffa v. Singletary

652 So. 2d 885, 20 Fla. L. Weekly Fed. D 682

District Court of Appeal of Florida | Filed: Mar 14, 1995 | Docket: 475951

Cited 4 times | Published

the sentence ... under which he is imprisoned." § 944.28(2)(b), Fla. Stat. (1991). The rule provides: (4)

Thomas v. State

648 So. 2d 298, 1995 WL 2941

District Court of Appeal of Florida | Filed: Jan 6, 1995 | Docket: 1701788

Cited 4 times | Published

revocation of probation or community control. See § 944.28(1), Fla. Stat. (1993); Tripp v. State, 622 So

Avera v. Barton

632 So. 2d 167, 1994 WL 37041

District Court of Appeal of Florida | Filed: Feb 11, 1994 | Docket: 1514027

Cited 4 times | Published

earned up to the date of the escape pursuant to section 944.28, Florida Statutes. In January 1984, the 15-year

Kimmons v. Wainwright

338 So. 2d 239

District Court of Appeal of Florida | Filed: Oct 6, 1976 | Docket: 455414

Cited 4 times | Published

time was unlawful. As to forfeiture of gain time, § 944.28(1), Florida Statutes (1975), provides as follows:

Hall v. State

94 So. 3d 655, 2012 WL 3193926, 2012 Fla. App. LEXIS 13002

District Court of Appeal of Florida | Filed: Aug 8, 2012 | Docket: 60310937

Cited 3 times | Published

the litigant’s loss of gain-time. Pursuant to section 944.28(2)(a), Florida Statutes, “[a]ll or any part

Chase v. State

57 So. 3d 898, 2011 Fla. App. LEXIS 3503, 2011 WL 897472

District Court of Appeal of Florida | Filed: Mar 16, 2011 | Docket: 60299181

Cited 3 times | Published

gain time following a violation of probation. See § 944.28(1), Fla. Stat. (2007); Horton v. State, 943 So

Ruiz v. State

992 So. 2d 300, 2008 WL 4330014

District Court of Appeal of Florida | Filed: Sep 24, 2008 | Docket: 1723830

Cited 3 times | Published

limited to, the loss of gain time as provided in section 944.28(2)(a), Florida Statutes (2008). Affirmed. NOTES

Ruiz v. State

992 So. 2d 300, 2008 WL 4330014

District Court of Appeal of Florida | Filed: Sep 24, 2008 | Docket: 1723830

Cited 3 times | Published

limited to, the loss of gain time as provided in section 944.28(2)(a), Florida Statutes (2008). Affirmed. NOTES

Collins v. Hendrickson

371 F. Supp. 2d 1326, 2005 WL 1220660

District Court, M.D. Florida | Filed: Jan 26, 2005 | Docket: 2184020

Cited 3 times | Published

Corrections' forfeiture of his gain-time pursuant to Section 944.28(1), Florida Statutes was a violation of ex

Green v. State

830 So. 2d 142, 2002 WL 31159477

District Court of Appeal of Florida | Filed: Sep 30, 2002 | Docket: 471428

Cited 3 times | Published

part of his or her accumulated gain time. See § 944.28(2)(a), Fla. Stat. (1997); Duncan, 728 So.2d at

Spencer v. Florida Dept. of Corrections

823 So. 2d 752, 27 Fla. L. Weekly Supp. 646, 2002 Fla. LEXIS 1466, 2002 WL 1430254

Supreme Court of Florida | Filed: Jul 3, 2002 | Docket: 458633

Cited 3 times | Published

filing a frivolous action in accordance with section 944.28(2)(a), Florida Statutes (2001), it is to do

Spencer v. Florida Dept. of Corrections

823 So. 2d 752, 27 Fla. L. Weekly Supp. 646, 2002 Fla. LEXIS 1466, 2002 WL 1430254

Supreme Court of Florida | Filed: Jul 3, 2002 | Docket: 458633

Cited 3 times | Published

filing a frivolous action in accordance with section 944.28(2)(a), Florida Statutes (2001), it is to do

Summers v. State

817 So. 2d 950, 2002 WL 1040280

District Court of Appeal of Florida | Filed: May 24, 2002 | Docket: 574122

Cited 3 times | Published

show prejudice. We agree and therefore affirm. Section 944.28(1), Florida Statutes, was amended in 1988 and

Martin v. State

816 So. 2d 1213, 2002 WL 1040253

District Court of Appeal of Florida | Filed: May 24, 2002 | Docket: 1753508

Cited 3 times | Published

sentence, but rather for actual time served. See § 944.28, Flat. Stat. (1999). In the Rule 3.850 hearing

Lewis v. Moore

753 So. 2d 1242, 2000 WL 185433

Supreme Court of Florida | Filed: Feb 17, 2000 | Docket: 2518001

Cited 3 times | Published

of the conditions of release. We found that section 944.28(1), Florida Statutes (1989), provided the requisite

Saucer v. State

736 So. 2d 10, 1998 WL 874774

District Court of Appeal of Florida | Filed: Dec 17, 1998 | Docket: 1431874

Cited 3 times | Published

forfeiture of gain-time in accordance with section 944.28(2)(a), Florida Statutes (1997). This statute

Martin v. Singletary

713 So. 2d 1056, 1998 WL 337273

District Court of Appeal of Florida | Filed: Jun 26, 1998 | Docket: 1450104

Cited 3 times | Published

accordance with recently enacted amendments to section 944.28(2)(a), Florida Statutes (Supp. 1996)." We affirm

Gorge v. State

712 So. 2d 440, 1998 WL 300023

District Court of Appeal of Florida | Filed: Jun 10, 1998 | Docket: 2586745

Cited 3 times | Published

sanctions such as the forfeiture of gain time. See § 944.28(2)(a), Fla. Stat. (1997); Jackson v. State, 707

Ferenc v. State

697 So. 2d 1262, 1997 WL 414268

District Court of Appeal of Florida | Filed: Jul 25, 1997 | Docket: 1777535

Cited 3 times | Published

subject a defendant to sanctions as provided in section 944.28(2)(a), Florida Statutes (Supp.1996), including

Williams v. State

994 So. 2d 337, 2008 WL 2986502

District Court of Appeal of Florida | Filed: Aug 6, 2008 | Docket: 1666910

Cited 2 times | Published

pro se appeals with this Court in the case. See § 944.28(2)(a), Florida Statutes (2007) ("All or any part

Frederick v. McDonough

931 So. 2d 1005, 2006 WL 1541274

District Court of Appeal of Florida | Filed: Jun 7, 2006 | Docket: 1419206

Cited 2 times | Published

Florida Constitution and deny the petition. See § 944.28(1), Fla. Stat. (2004) (if conditional release

Knox v. State

873 So. 2d 1250, 2004 WL 1175697

District Court of Appeal of Florida | Filed: May 28, 2004 | Docket: 1451952

Cited 2 times | Published

a penalty for the violation, and based upon section 944.28(1), Florida Statutes, DOC forfeited the gain

Stanley Lewis Gaskins v. James Crosby

371 F.3d 820, 2004 U.S. App. LEXIS 10589, 2004 WL 1178461

Court of Appeals for the Eleventh Circuit | Filed: May 28, 2004 | Docket: 213019

Cited 2 times | Published

gain-time was forfeited pursuant to Fla. Stat. § 944.28(1), including those 270 days he had earned under

Tannehill v. State

843 So. 2d 355, 2003 WL 1969200

District Court of Appeal of Florida | Filed: Apr 30, 2003 | Docket: 537740

Cited 2 times | Published

all or part of his accumulated gain time. See § 944.28(2)(a), Fla. Stat. (2003); Green v. State, 830

Allen v. State

746 So. 2d 1247, 1999 WL 1259971

District Court of Appeal of Florida | Filed: Dec 29, 1999 | Docket: 1715012

Cited 2 times | Published

filed a motion regarding sanctions pursuant to section 944.28(2)(a), Florida Statutes (1999). In his response

Phillips v. Singletary

728 So. 2d 785, 1999 WL 89732

District Court of Appeal of Florida | Filed: Feb 24, 1999 | Docket: 75680

Cited 2 times | Published

forfeited." O'Brien, 689 So.2d at 337 (citing section 944.28(2)(a), Florida Statutes (1997) ("All or any

Ali v. State

729 So. 2d 963, 1999 WL 88950

District Court of Appeal of Florida | Filed: Feb 24, 1999 | Docket: 2586508

Cited 2 times | Published

2d 440, 440 n. 1 (Fla. 3d DCA 1998) (citing section 944.28(2)(a), Florida Statutes (1997) ("All or any

Adkins v. State

729 So. 2d 955, 1998 WL 889754

District Court of Appeal of Florida | Filed: Dec 23, 1998 | Docket: 1171261

Cited 2 times | Published

Finally, we call to Adkins' attention, amended section 944.28(2)(a), effective July 1, 1996, which provides

Williams v. Wasi

681 So. 2d 839, 1996 Fla. App. LEXIS 10794, 1996 WL 590754

District Court of Appeal of Florida | Filed: Oct 16, 1996 | Docket: 64768448

Cited 2 times | Published

by the DOC pursuant to section 944.28(1), Florida Statutes (1995). Section 944.28(1) provides that when

Singletary v. Evans

676 So. 2d 51, 1996 WL 355049

District Court of Appeal of Florida | Filed: Jun 28, 1996 | Docket: 1317919

Cited 2 times | Published

forfeiture of Galston's gain time by enactment of section 944.28(1), Florida Statutes (1995). The legislature

Bradley v. State

616 So. 2d 1156, 1993 Fla. App. LEXIS 4227, 18 Fla. L. Weekly Fed. D 1016

District Court of Appeal of Florida | Filed: Apr 14, 1993 | Docket: 1726683

Cited 2 times | Published

authority to forfeit gain time pursuant to section 944.28(1), Florida Statutes (1987), if the defendant

Toschlog v. State

604 So. 2d 22, 1992 WL 193000

District Court of Appeal of Florida | Filed: Aug 12, 1992 | Docket: 109313

Cited 2 times | Published

sentenced for a violation of his community control, section 944.28, Florida Statutes (1991), authorizes the Department

Sandsbury Lee v. Richard L. Dugger

902 F.2d 822, 1990 U.S. App. LEXIS 8787, 1990 WL 63766

Court of Appeals for the Eleventh Circuit | Filed: Jun 4, 1990 | Docket: 825120

Cited 2 times | Published

(1980). Baranko’s retroactive application of section 944.28’s stringent procedural guarantees relating

Cook v. State

553 So. 2d 1292, 1989 WL 148437

District Court of Appeal of Florida | Filed: Dec 11, 1989 | Docket: 1258568

Cited 2 times | Published

namely, forfeiture of a prisoner's gain-time. § 944.28, Fla. Stat. (1987). Factors (b) and (c) under

In RE: AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE-2018 REGULAR-CYCLE REPORT.

265 So. 3d 494

Supreme Court of Florida | Filed: Oct 4, 2018 | Docket: 7982207

Cited 1 times | Published

forfeiture by the Department of Corrections under section 944.28(1), Florida Statutes.) ___ It is further

Harmon v. State

136 So. 3d 1223, 2014 WL 1305707, 2014 Fla. App. LEXIS 4813

District Court of Appeal of Florida | Filed: Apr 2, 2014 | Docket: 60239936

Cited 1 times | Published

which may include forfeiture of gain-time. See § 944.28(2)(a), Fla. Stat. (2009); Hall v. State, 94 So

Ramos-Perez v. State

99 So. 3d 515, 2011 WL 2498845, 2011 Fla. App. LEXIS 9607

District Court of Appeal of Florida | Filed: Jun 22, 2011 | Docket: 60313038

Cited 1 times | Published

gain time following a violation of probation. See § 944.28(1), Fla. Stat. (2010). “However, a defendant is

O'Berry v. State

46 So. 3d 105, 2010 Fla. App. LEXIS 15038, 2010 WL 3893953

District Court of Appeal of Florida | Filed: Oct 6, 2010 | Docket: 1928232

Cited 1 times | Published

sanctions under either Florida Statute § 944.279 or § 944.28(2)(a) (disciplinary action, loss of gain time)

Marc v. State

46 So. 3d 1045, 2010 Fla. App. LEXIS 14477, 2010 WL 3766859

District Court of Appeal of Florida | Filed: Sep 29, 2010 | Docket: 2399803

Cited 1 times | Published

sanctions include the forfeiture of gain-time. See § 944.28(2)(a), Fla. Stat. (2009) ("All or any part of

HOSWELL v. State

45 So. 3d 71, 2010 Fla. App. LEXIS 13630, 2010 WL 3564598

District Court of Appeal of Florida | Filed: Sep 15, 2010 | Docket: 1928452

Cited 1 times | Published

disciplinary procedures. § 944.279(1), Fla. Stat. (2009); § 944.28(2)(a), Fla. Stat. (2009). WARNER, TAYLOR and DAMOORGIAN

In Re Amendments to Fl. Rules of Crim. Procedure

998 So. 2d 1128, 33 Fla. L. Weekly Supp. 915, 2008 Fla. LEXIS 2207, 2008 WL 4950074

Supreme Court of Florida | Filed: Nov 20, 2008 | Docket: 2541859

Cited 1 times | Published

forfeiture by the Department of Corrections under section 944.28(1)). ____ It is further ordered that the defendant

Morton v. Florida Dept. of Corrections

957 So. 2d 667, 2007 Fla. App. LEXIS 5778, 2007 WL 1146461

District Court of Appeal of Florida | Filed: Apr 19, 2007 | Docket: 2536185

Cited 1 times | Published

forfeiture of petitioner's gain-time pursuant to section 944.28, Florida Statutes. Later, when an audit revealed

Tranquille v. State

828 So. 2d 1034, 2002 WL 31026618

District Court of Appeal of Florida | Filed: Sep 12, 2002 | Docket: 1379414

Cited 1 times | Published

upon Appellant's revocation of probation. See § 944.28(1), Fla. Stat. (1989). BOOTH and LEWIS, JJ., concur

McAllister v. State

821 So. 2d 1250, 2002 WL 1758282

District Court of Appeal of Florida | Filed: Jul 31, 2002 | Docket: 2564144

Cited 1 times | Published

portion of the ten years in accordance with section 944.28(1), Florida Statutes (1991). The appellant

Hull v. Moore

790 So. 2d 560, 2001 WL 826716

District Court of Appeal of Florida | Filed: Jul 24, 2001 | Docket: 1734447

Cited 1 times | Published

402(3)(c); § 944.275(5), Fla. Stat. (1989, 1991); § 944.28(1), Fla. Stat. (1989, 1991); Singletary v. Jones

Saucer v. State

779 So. 2d 261, 26 Fla. L. Weekly Supp. 54, 2001 Fla. LEXIS 63, 2001 WL 58508

Supreme Court of Florida | Filed: Jan 25, 2001 | Docket: 64804064

Cited 1 times | Published

May the gain-time forfeiture provisions of section 944.28(2)(a) apply in criminal and collateral criminal

Harvey v. State

734 So. 2d 1179, 1999 WL 452154

District Court of Appeal of Florida | Filed: Jun 23, 1999 | Docket: 1442822

Cited 1 times | Published

part of his or her accumulated gain time. See § 944.28(2)(a), Fla. Stat. (1997); Duncan; Gorge v. State

Van Meter v. State

726 So. 2d 388, 1999 WL 69581

District Court of Appeal of Florida | Filed: Feb 15, 1999 | Docket: 2582318

Cited 1 times | Published

find that the purpose of section 944.279 and section 944.28(2), Florida Statutes, is similar to that of

Baranko v. Wainwright

448 So. 2d 1067

District Court of Appeal of Florida | Filed: Mar 21, 1984 | Docket: 429387

Cited 1 times | Published

procedures for forfeiture of gain-time set forth in Section 944.28, Florida Statutes (1979), were followed. Although

Baranko v. Wainwright

448 So. 2d 1067

District Court of Appeal of Florida | Filed: Mar 21, 1984 | Docket: 429387

Cited 1 times | Published

procedures for forfeiture of gain-time set forth in Section 944.28, Florida Statutes (1979), were followed. Although

Morgan v. Cook

344 So. 2d 577

Supreme Court of Florida | Filed: Mar 31, 1977 | Docket: 2573364

Cited 1 times | Published

later he was arrested. Under the authority of Section 944.28(1), Florida Statutes (1973),[1] the Department

Anthony Adams v. The State of Florida

District Court of Appeal of Florida | Filed: Jan 17, 2024 | Docket: 68165159

Published

subject to forfeiture by the DOC pursuant to section 944.28(1), Florida Statutes . . . Further, the Legislature

ANTHONY ADAMS v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Sep 6, 2023 | Docket: 67677263

Published

subject to forfeiture by the DOC pursuant to section 944.28(1), Florida Statutes (1995).”); Waldrup v.

EDWARD WEBB v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 31, 2022 | Docket: 64938211

Published

MILLER, JJ. PER CURIAM. Affirmed. See § 944.28(1), Fla. Stat. (2022); § 947.141(6), Fla. Stat

Doyle Heard v. Department of Corrections and the Florida Commission on Offender Review

264 So. 3d 214

District Court of Appeal of Florida | Filed: Dec 14, 2018 | Docket: 8409770

Published

escape and escape conviction.” Id. at 169. Section 944.28(1), Florida Statutes, which provides for the

In Re: Amendments to the Florida Rules of Criminal Procedure - 2018 Regular-Cycle Report

Supreme Court of Florida | Filed: Jul 19, 2018 | Docket: 7471972

Published

by the Department of Corrections under section 944.28(1), Florida Statutes.) It is further

In Re: Amendments to the Florida Rules of Criminal Procedure – Corrected Opinion

Supreme Court of Florida | Filed: Feb 18, 2016 | Docket: 3037339

Published

Department of Corrections under section 944.28(1), Florida Statutes.)

In Re: Amendments to the Florida Rules of Criminal Procedure - Corrected Opinion

Supreme Court of Florida | Filed: Jan 21, 2016 | Docket: 3029854

Published

Department of Corrections under section 944.28(1), Florida Statutes.)

In Re AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE

188 So. 3d 764, 40 Fla. L. Weekly Supp. 594, 2015 Fla. LEXIS 2949, 2015 WL 10490032

Supreme Court of Florida | Filed: Oct 29, 2015 | Docket: 3008264

Published

forfeiture by the Department of Corrections under section 944.28('ll, Florida Statutes.) *787

Ponton v. State

155 So. 3d 425, 2014 Fla. App. LEXIS 20947, 2014 WL 7444844

District Court of Appeal of Florida | Filed: Dec 31, 2014 | Docket: 2620132

Published

procedures, which may include forfeiture of gain-time. § 944.28(2)(a), Fla. Stat. (2014). Petition for writ

Dinkins v. State

125 So. 3d 968, 2013 WL 2420338, 2013 Fla. App. LEXIS 8844

District Court of Appeal of Florida | Filed: Jun 5, 2013 | Docket: 60236139

Published

which he had earned on his Duval County sentences. § 944.28(1), Fla. Stat. (1999). In 2012, the defendant

Greene v. Tucker

113 So. 3d 45, 2012 WL 5935669, 2012 Fla. App. LEXIS 20328

District Court of Appeal of Florida | Filed: Nov 28, 2012 | Docket: 60231562

Published

custody, the Department forfeited his gain time. See § 944.28, Fla. Stat. (1991) (concerning the Department’s

Bass v. State

103 So. 3d 933, 2012 Fla. App. LEXIS 19748, 2012 WL 5500513

District Court of Appeal of Florida | Filed: Nov 14, 2012 | Docket: 60227260

Published

forfeit 214 days gain-time accrued by appellant. See § 944.28(2)(a), Fla. Stat. (2008). However, the proper

Plucinik v. State

97 So. 3d 323, 2012 WL 4033687, 2012 Fla. App. LEXIS 15453

District Court of Appeal of Florida | Filed: Sep 14, 2012 | Docket: 60311769

Published

consideration of available disciplinary procedures. See § 944.28(2)(a), Fla. Stat. (2012). Rehearing will not be

Hyde v. State

97 So. 3d 944, 2012 WL 3964993, 2012 Fla. App. LEXIS 15320

District Court of Appeal of Florida | Filed: Sep 12, 2012 | Docket: 60312017

Published

47 (Fla.1999); § 944.279(1), Fla. Stat. (2012); § 944.28(2)(a), Fla. Stat. (2012); Fla. R.Crim. P. 3.850(m)

Seymore v. State

96 So. 3d 1097, 2012 WL 3824049, 2012 Fla. App. LEXIS 14848

District Court of Appeal of Florida | Filed: Sep 5, 2012 | Docket: 60311426

Published

47 (Fla.1999); § 944.279(1), Fla. Stat. (2012); § 944.28(2)(a), Fla. Stat. (2012). Reversed and remanded

Edwards v. State

93 So. 3d 460, 2012 WL 2913297, 2012 Fla. App. LEXIS 11700

District Court of Appeal of Florida | Filed: Jul 18, 2012 | Docket: 60310603

Published

disciplinary procedures. § 944.279(1), Fla. Stat. (2011); § 944.28(2)(a), Fla. Stat. (2011). Appellant is cautioned

Scott v. State

75 So. 3d 392, 2011 Fla. App. LEXIS 18979, 2011 WL 5964349

District Court of Appeal of Florida | Filed: Nov 30, 2011 | Docket: 60303738

Published

47 (Fla.1999); § 944.279(1), Fla. Stat. (2009); § 944,28(2)(a), Fla. Stat. (2009). Affirmed. POLEN, DAMOORGIAN

Reeves v. State

88 So. 3d 964, 2011 WL 5864683, 2011 Fla. App. LEXIS 18662

District Court of Appeal of Florida | Filed: Nov 23, 2011 | Docket: 60308459

Published

of gain time. § 944.279(1), Fla. Stat. (2011); § 944.28(2)(a), Fla. Stat. (2011). Affirmed; Appellant

Moses v. State

57 So. 3d 256, 2011 Fla. App. LEXIS 3488, 2011 WL 890954

District Court of Appeal of Florida | Filed: Mar 16, 2011 | Docket: 60298982

Published

47 (Fla.1999); § 944.279(1), Fla. Stat. (2009); § 944.28(2)(a), Fla. Stat. (2009). GROSS, C.J., MAY and

Sweitzer v. State

46 So. 3d 1132, 2010 Fla. App. LEXIS 16528, 2010 WL 4273196

District Court of Appeal of Florida | Filed: Oct 29, 2010 | Docket: 60296131

Published

the collateral action was “frivolous.” See id.; § 944.28(2)(a), Fla. Stat. (authorizing the Department

Knowles v. State

41 So. 3d 332, 2010 Fla. App. LEXIS 10536, 2010 WL 2813657

District Court of Appeal of Florida | Filed: Jul 20, 2010 | Docket: 1928472

Published

the rules of the Department of Corrections"); § 944.28(2)(a), Fla. Stat. (2009) (authorizing the Department

Rodriguez v. State

989 So. 2d 743, 2008 Fla. App. LEXIS 13854, 2008 WL 4147047

District Court of Appeal of Florida | Filed: Sep 10, 2008 | Docket: 64855656

Published

time, because the court had no authority under section 944.28(2)(a), Florida Statutes, to enter an order

Horton v. State

943 So. 2d 859, 2006 WL 3207979

District Court of Appeal of Florida | Filed: Nov 8, 2006 | Docket: 1526921

Published

additional credit, noting that, pursuant to section 944.28(1), for offenses committed on or after October

White v. State

937 So. 2d 754, 2006 Fla. App. LEXIS 14871, 2006 WL 2548577

District Court of Appeal of Florida | Filed: Sep 6, 2006 | Docket: 64846721

Published

why we should not sanction him pursuant to section 944.28(2)(a), Fla. Stat. (2005) and section 944.279

McGee v. State, Florida Department of Corrections

935 So. 2d 62, 2006 Fla. App. LEXIS 12828, 2006 WL 2095776

District Court of Appeal of Florida | Filed: Jul 31, 2006 | Docket: 64845935

Published

forfeited Appellant’s gain time pursuant to section 944.28(1), Florida Statutes (2001), which authorizes

Bussey v. State

929 So. 2d 708, 2006 WL 1408617

District Court of Appeal of Florida | Filed: May 24, 2006 | Docket: 2546216

Published

Corrections declared a forfeiture of 191 days. See § 944.28(1), Fla. Stat. (2003). Bussey's position is that

Amendments to the Florida Rules of Criminal Procedure

886 So. 2d 197, 29 Fla. L. Weekly Supp. 568, 2004 Fla. LEXIS 1746, 2004 WL 2248209

Supreme Court of Florida | Filed: Oct 7, 2004 | Docket: 64834033

Published

forfeiture by the Department of Corrections under section 944.28(1)). _ It is further ordered that the defendant

Whisner v. Moore

864 So. 2d 460, 2003 Fla. App. LEXIS 19561, 2003 WL 23005219

District Court of Appeal of Florida | Filed: Dec 24, 2003 | Docket: 64827640

Published

2002), on this basis. While the language in section 944.28(1), Florida Statutes, authorizing forfeiture

Mack v. Crosby

849 So. 2d 1092, 2003 Fla. App. LEXIS 6744, 2003 WL 21034132

District Court of Appeal of Florida | Filed: May 9, 2003 | Docket: 64824026

Published

Corrections properly forfeited the gain-time under section 944.28(1), Florida Statutes. We find that the circuit

Hastings v. Krischer

840 So. 2d 267, 2003 WL 18451

District Court of Appeal of Florida | Filed: Jan 2, 2003 | Docket: 1463513

Published

expose him to the loss of gain time pursuant to section 944.28(2)(a). On August 25, 1998, Petitioner filed

State v. Rompre

837 So. 2d 453, 2002 Fla. App. LEXIS 18272, 2002 WL 31777638

District Court of Appeal of Florida | Filed: Dec 13, 2002 | Docket: 64820705

Published

which the department forfeited pursuant to section 944.28(1). Thus, Rompre was given twenty-four additional

Ponton v. State

837 So. 2d 435, 2002 Fla. App. LEXIS 15126, 2002 WL 31307161

District Court of Appeal of Florida | Filed: Oct 16, 2002 | Docket: 64820703

Published

Duncan v. State, 728 So.2d 1237 (Fla. 3d DCA 1999); § 944.28(2)(a), Fla. Stat. (2001). AFFIRMED.

Gibson v. Florida Department of Corrections

828 So. 2d 422, 2002 Fla. App. LEXIS 14577, 2002 WL 31250739

District Court of Appeal of Florida | Filed: Oct 9, 2002 | Docket: 64818260

Published

relying on its independent authority under section 944.28(1), Florida Statutes, it then exacted a forfeiture

Morris v. Fla. Dept. of Corrections

828 So. 2d 1036, 2002 Fla. App. LEXIS 13277, 27 Fla. L. Weekly Fed. D 2051

District Court of Appeal of Florida | Filed: Sep 13, 2002 | Docket: 64818435

Published

supervision. There is nothing in case law or section 944.28(1), Florida Statutes, that indicates that the

Morris v. Fla. Dept. of Corrections

828 So. 2d 1036, 2002 Fla. App. LEXIS 13277, 27 Fla. L. Weekly Fed. D 2051

District Court of Appeal of Florida | Filed: Sep 13, 2002 | Docket: 64818435

Published

supervision. There is nothing in case law or section 944.28(1), Florida Statutes, that indicates that the

Glenn v. State

827 So. 2d 292, 2002 Fla. App. LEXIS 12531, 2002 WL 1997914

District Court of Appeal of Florida | Filed: Aug 30, 2002 | Docket: 64817873

Published

the time he spent out of custody on parole. Section 944.28(1), Florida Statutes (1981) allows the DOC

Clark v. State

793 So. 2d 135, 2001 Fla. App. LEXIS 11865, 2001 WL 948315

District Court of Appeal of Florida | Filed: Aug 22, 2001 | Docket: 64807969

Published

release, his gain time was forfeited pursuant to section 944.28(1), Florida Statutes (2000). Clark alleges

Thomas v. Moore

797 So. 2d 1196, 26 Fla. L. Weekly Supp. 223, 2001 Fla. LEXIS 623, 2001 WL 328091

Supreme Court of Florida | Filed: Apr 5, 2001 | Docket: 64809658

Published

probation gain time forfeiture provisions. See § 944.28(1); 948.06(7), Fla.Stat. (2000); see also ch.

Wade v. State

776 So. 2d 1082, 2001 Fla. App. LEXIS 1074, 2001 WL 98671

District Court of Appeal of Florida | Filed: Feb 7, 2001 | Docket: 64803402

Published

forfeiture of gain time upon recommitment. See § 944.28(1), Florida Statutes (1997); Dowdy v. Singletary

Henriquez v. State

791 So. 2d 2, 2000 Fla. App. LEXIS 16246, 2000 WL 1817029

District Court of Appeal of Florida | Filed: Dec 13, 2000 | Docket: 64807321

Published

including, but not limited to, sanctions under section 944.28(2)(a), Florida Statutes (1999)(pro-viding “all

Bain v. State

771 So. 2d 1292, 2000 Fla. App. LEXIS 15512, 2000 WL 1759897

District Court of Appeal of Florida | Filed: Dec 1, 2000 | Docket: 64801926

Published

Forfeiting Gain-Time Pursuant To Florida Statute § 944.28.” We note the trial court did not have the benefit

Jackson v. State

774 So. 2d 747, 2000 Fla. App. LEXIS 14921, 2000 WL 1700901

District Court of Appeal of Florida | Filed: Nov 15, 2000 | Docket: 64802739

Published

in forfeiture of all or part of his gain time. § 944.28(2)(a), Fla. Stat. (1997); Duncan, 728 So.2d at

Amendments to the Florida Rules of Criminal Procedure

794 So. 2d 457, 2000 Fla. LEXIS 2556, 2000 WL 1637548

Supreme Court of Florida | Filed: Nov 2, 2000 | Docket: 64808411

Published

forfeiture by the Department of Corrections under section 944.28(1)). It is further ordered that the defendant

Henriquez v. State

774 So. 2d 34, 2000 Fla. App. LEXIS 12699, 25 Fla. L. Weekly Fed. D 2377

District Court of Appeal of Florida | Filed: Oct 4, 2000 | Docket: 64802636

Published

pursue the remedies set forth in Fla. Statutes § 944.28(2)(a). Directly applicable to that claim is the

Kersey v. State

756 So. 2d 202, 2000 Fla. App. LEXIS 4404, 25 Fla. L. Weekly Fed. D 944

District Court of Appeal of Florida | Filed: Apr 14, 2000 | Docket: 64796907

Published

the forfeiture of his gain-time pursuant to section 944.28(2), Florida Statutes (1997). Subsequent to

Davis v. Moore

763 So. 2d 1202, 2000 Fla. App. LEXIS 3304, 2000 WL 290106

District Court of Appeal of Florida | Filed: Mar 21, 2000 | Docket: 64799211

Published

petition for writ of certiorari is denied. See § 944.28(1), Fla. Stat. (1989); Forbes v. Singletary, 684

Flowers v. State

754 So. 2d 65, 2000 Fla. App. LEXIS 2219, 2000 WL 256202

District Court of Appeal of Florida | Filed: Mar 8, 2000 | Docket: 64796129

Published

credit for time served, not twelve years. See § 944.28, Fla. Stat. (1989).2 In imposing this sentence

Craft v. Moore

750 So. 2d 135, 2000 Fla. App. LEXIS 440, 2000 WL 51819

District Court of Appeal of Florida | Filed: Jan 25, 2000 | Docket: 64794516

Published

brought false information before this court. See § 944.28(2)(a), Fla. Stat. (1997). The statute allows forfeiture

Sword v. State

745 So. 2d 537, 1999 Fla. App. LEXIS 16476, 1999 WL 1112853

District Court of Appeal of Florida | Filed: Dec 8, 1999 | Docket: 64792489

Published

filed a motion regarding sanctions pursuant to section 944.28(2)(a), Florida Statutes (1999). However, the

Widmer v. State

747 So. 2d 409, 1999 Fla. App. LEXIS 15145, 1999 WL 1036519

District Court of Appeal of Florida | Filed: Nov 17, 1999 | Docket: 64793282

Published

situation involved in Green and Heuring by amending Section 944.28(1), Florida Statutes (1989), effective as of

Phillips v. State

745 So. 2d 417, 1999 Fla. App. LEXIS 14343, 1999 WL 979452

District Court of Appeal of Florida | Filed: Oct 29, 1999 | Docket: 64792405

Published

state filed a motion for sanctions pursuant to section 944.28(2)(a), Florida Statutes. We issued an order

Mims v. State

742 So. 2d 516, 1999 Fla. App. LEXIS 13670, 1999 WL 821273

District Court of Appeal of Florida | Filed: Oct 15, 1999 | Docket: 64791424

Published

truth brought false information before this court. § 944.28(2)(a), Fla. Stat. (1997); Saucer v. State, 736

Butler v. State

745 So. 2d 363, 1999 Fla. App. LEXIS 12503, 1999 WL 743912

District Court of Appeal of Florida | Filed: Sep 22, 1999 | Docket: 64792382

Published

or any part of his or her gain time forfeited. § 944.28(2)(a), Fla. Stat. (1997). AFFIRMED. FARMER, SHAHOOD

Cunningham v. State

742 So. 2d 356, 1999 WL 606482

District Court of Appeal of Florida | Filed: Aug 13, 1999 | Docket: 2523313

Published

complete forfeiture of gain time pursuant to section 944.28(1), Florida Statutes (1997). After revocation

Bilal v. State

732 So. 2d 1210, 1999 Fla. App. LEXIS 7353, 1999 WL 346121

District Court of Appeal of Florida | Filed: Jun 2, 1999 | Docket: 64788322

Published

filed a motion regarding sanctions pursuant to section 944.28(2)(a), Florida Statutes (1997). An order to

Robinson v. State

728 So. 2d 1218, 1999 Fla. App. LEXIS 3863, 1999 WL 162101

District Court of Appeal of Florida | Filed: Mar 26, 1999 | Docket: 64787050

Published

the Department relied on the 1989 version of section 944.28(1), Florida Statutes. That section provides

Williams v. State

727 So. 2d 1095, 1999 Fla. App. LEXIS 2467, 1999 WL 110826

District Court of Appeal of Florida | Filed: Mar 5, 1999 | Docket: 64786649

Published

forfeited by the Department of Corrections under section 944.28(1)). Williams contends that another portion

Mordkoff v. State

728 So. 2d 803, 1999 Fla. App. LEXIS 2233, 1999 WL 104584

District Court of Appeal of Florida | Filed: Mar 3, 1999 | Docket: 64786924

Published

action, claim, proceeding, or appeal in any court.” § 944.28(2)(a), Fla. Stat. (1997). The method of declaring

Anthony v. Singletary

718 So. 2d 335, 1998 Fla. App. LEXIS 11858, 1998 WL 646622

District Court of Appeal of Florida | Filed: Sep 23, 1998 | Docket: 64783193

Published

disciplinary proceedings conducted pursuant to section 944.28(2), Florida Statutes (1995) be filed within

Anthony v. Singletary

718 So. 2d 335, 1998 Fla. App. LEXIS 11858, 1998 WL 646622

District Court of Appeal of Florida | Filed: Sep 23, 1998 | Docket: 64783193

Published

disciplinary proceedings conducted pursuant to section 944.28(2), Florida Statutes (1995) be filed within

Roland v. State

716 So. 2d 853, 1998 Fla. App. LEXIS 11323, 1998 WL 559366

District Court of Appeal of Florida | Filed: Sep 4, 1998 | Docket: 64782486

Published

Singletary, 638 So.2d 500, 502 (Fla.1994); see also § 944.28(1), Fla. Stat. (1989). GRIFFIN, C.J., and DAUKSCH

Hopkins v. State

711 So. 2d 603, 1998 Fla. App. LEXIS 5218, 1998 WL 233498

District Court of Appeal of Florida | Filed: May 12, 1998 | Docket: 64781142

Published

upon the revocation of probation pursuant to section 944.28(1), Florida Statutes (1989). Forbes v. Singletary

Anderson v. State

708 So. 2d 1028, 1998 Fla. App. LEXIS 3633, 1998 WL 158904

District Court of Appeal of Florida | Filed: Apr 8, 1998 | Docket: 64780044

Published

*1029forfeit his earned gain time. Fla. Stat. § 944.28(2)(a)(1997). AFFIRMED. GUNTHER, WARNER and POLEN

Brown v. State

702 So. 2d 1370, 1997 Fla. App. LEXIS 14992, 1997 WL 792125

District Court of Appeal of Florida | Filed: Dec 30, 1997 | Docket: 64777435

Published

However, we would direct appellant’s attention to section 944.28(2)(a), Florida Statutes (Supp.1996). The filing

McCowan v. State

697 So. 2d 580, 1997 Fla. App. LEXIS 8825, 1997 WL 433929

District Court of Appeal of Florida | Filed: Aug 5, 1997 | Docket: 64775185

Published

time would be forfeited in accordance with section 944.28(1), Florida Statutes. In his motion, the appellant

Speed v. State

686 So. 2d 748, 1997 Fla. App. LEXIS 102, 22 Fla. L. Weekly Fed. D 171

District Court of Appeal of Florida | Filed: Jan 10, 1997 | Docket: 64770440

Published

section 948.06(6), Florida Statutes (1989) and section 944.28(1), Florida Statutes (1989). Forbes. Thus,

Moye v. State

658 So. 2d 650, 1995 Fla. App. LEXIS 8018, 1995 WL 443960

District Court of Appeal of Florida | Filed: Jul 28, 1995 | Docket: 64758039

Published

the effective date of the 1991 amendment to section 944.28, Florida Statutes (1991). The state also concedes

Robertson v. Hodges

883 F. Supp. 668, 1995 U.S. Dist. LEXIS 5841, 1995 WL 254356

District Court, M.D. Florida | Filed: Apr 25, 1995 | Docket: 65996527

Published

authority to forfeit gain time pursuant to Section 944.28, Florida Statutes (1993). Illegal Sentence

Mobley v. State

647 So. 2d 264, 1994 Fla. App. LEXIS 11854, 1994 WL 680201

District Court of Appeal of Florida | Filed: Dec 7, 1994 | Docket: 64752931

Published

served in prison on the possession count. See § 944.28(1), Fla.Stat. (1989); see also Pankhurst. We reverse

Bowens v. State

645 So. 2d 18, 1994 Fla. App. LEXIS 9384, 1994 WL 531282

District Court of Appeal of Florida | Filed: Sep 30, 1994 | Docket: 64752139

Published

Calhoun v. State, 522 So.2d 509 (Fla. 1st DCA 1988); § 944.28(1).

Jenkins v. State

642 So. 2d 1187, 1994 Fla. App. LEXIS 9325, 19 Fla. L. Weekly Fed. D 2098

District Court of Appeal of Florida | Filed: Sep 29, 1994 | Docket: 64751038

Published

22-month sentence, as it was permitted to do by section 944.28(1), Florida Statutes (1989). Bradley v. State

Pankhurst v. State

632 So. 2d 142, 1994 Fla. App. LEXIS 845, 1994 WL 36872

District Court of Appeal of Florida | Filed: Feb 9, 1994 | Docket: 64746457

Published

serves to forfeit gain time previously earned. Section 944.28(1), Fla.Stat. (1989). The offenses for which

Woods v. State

627 So. 2d 1343, 1993 Fla. App. LEXIS 12622, 1993 WL 535982

District Court of Appeal of Florida | Filed: Dec 23, 1993 | Docket: 64744707

Published

it from the 335 days of credit, pursuant to section 944.28(1), Florida Statutes (1991). REMANDED to Correct

Carter v. State

616 So. 2d 199, 1993 Fla. App. LEXIS 4232, 1993 WL 114673

District Court of Appeal of Florida | Filed: Apr 14, 1993 | Docket: 64695301

Published

See Ch. 89-531, §§ 13 and 20, Laws of Fla. Section 944.28(1), Florida Statutes (1989) permits the Department

McBride v. State

601 So. 2d 1335, 1992 Fla. App. LEXIS 7447, 1992 WL 157495

District Court of Appeal of Florida | Filed: Jul 10, 1992 | Docket: 64668805

Published

have resulted in a forfeiture of gain-time. See § 944.28, Fla. Stat. (1991). As to the representations

Avera v. State

582 So. 2d 93, 1991 Fla. App. LEXIS 6107, 1991 WL 115206

District Court of Appeal of Florida | Filed: Jun 26, 1991 | Docket: 64659990

Published

of the DOC. The DOC’s response was that Florida Statute 944.28(1) states Tf a prisoner is convicted of

Larkin v. State

558 So. 2d 486, 1990 Fla. App. LEXIS 1620, 1990 WL 26950

District Court of Appeal of Florida | Filed: Mar 15, 1990 | Docket: 64648854

Published

AFFIRMED. DANIEL, C.J., and COWART, J., concur. . Section 944.28(2)(a), Florida Statutes (1987) provides in

Netherly v. Dugger

513 So. 2d 259, 12 Fla. L. Weekly 2352, 1987 Fla. App. LEXIS 12226

District Court of Appeal of Florida | Filed: Oct 2, 1987 | Docket: 64629792

Published

sentence could have been legally forfeited under section 944.28, Florida Statutes (1983). Because appellant

State v. Gonzalez

449 So. 2d 1299, 1984 Fla. App. LEXIS 13160

District Court of Appeal of Florida | Filed: May 2, 1984 | Docket: 64604697

Published

being awarded gain time for good behavior [See Section 944.28, Florida Statutes (1979)], or not prosecuted

Ellis v. Wainwright

428 So. 2d 785, 1983 Fla. App. LEXIS 20304

District Court of Appeal of Florida | Filed: Mar 30, 1983 | Docket: 64595902

Published

administrative review in the Department of Corrections. § 944.-28, Fla.Stat. (1981). We therefore dismiss the petition

Smith v. Wainwright

371 So. 2d 119, 1978 Fla. App. LEXIS 16693

District Court of Appeal of Florida | Filed: Nov 21, 1978 | Docket: 64570242

Published

Corrections upon his conviction for escape. Section 944.28(1), Florida Statutes (1977), provides: If a

Bretti v. Wainwright

360 So. 2d 1299, 1978 Fla. App. LEXIS 16334

District Court of Appeal of Florida | Filed: Jul 20, 1978 | Docket: 64565489

Published

habeas corpus which was denied. He appeals. Section 944.28(1), Florida Statutes (1971), provides that

Wright v. Wainwright

359 So. 2d 11, 1978 Fla. App. LEXIS 16015

District Court of Appeal of Florida | Filed: May 18, 1978 | Docket: 64564613

Published

amendment to the United States Constitution. Section 944.28(1), Florida Statutes (1977), provides that:

Hanks v. Wainwright

360 So. 2d 783, 1978 Fla. App. LEXIS 16266

District Court of Appeal of Florida | Filed: Apr 21, 1978 | Docket: 64565326

Published

(1974). The state merely responds by quoting Section 944.28(1) (1977), which permits the Division, without