CopyCited 21 times | Published | Supreme Court of Florida
...misconduct. To the extent that Section 954.06, supra, was applicable to state prisoners it was repealed by Chapter 57-121, Laws of 1957. Former Section 954.06, supra, to the extent applicable to county prisoners, has been revised and is now cited as Section 951.21, Florida Statutes, F.S.A....
CopyCited 12 times | Published | Supreme Court of Florida
...As a criminal penalty therefor, the judge placed him on probation for ten years, but as a condition thereof required him to serve 364 days in jail. Van Tassel agrees that he has not served the 364 days, but avers that the designated time should be shortened by provisions of the gain time statute set forth in section
951.21 or
944.275, Florida Statutes (1983)....
...This is the effect, however, when a sentencing judge can sentence one to one year in county jail with no reduction in time for good behavior. Thus, we now hold that a probation order which includes incarceration as a condition thereof becomes a sentence for the purpose of earning gain time under section 951.21....
CopyCited 10 times | Published | Florida 2nd District Court of Appeal | 10 Fla. L. Weekly 1404
...n waiving his right to credit for time served. Epler v. Judges of the Thirteenth Judicial Circuit,
308 So.2d 134 (Fla. 2d DCA 1975). However, the award of statutory gain time for good conduct in county jail is a function of the county commissioners. §
951.21, Fla....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 1993 WL 2962
...In August, 1991, Gaston's attorney and an assistant state attorney signed, and the circuit court approved, a "stipulation to credit defendant for time served." That order, rendered September 3, 1991, recognized a total of 55 days' gain time awarded during Gaston's incarceration in the Manatee County Jail. See § 951.21, Fla....
..."has decided to outright disobey your court order." The Department explained that it, not the court, has the sole authority to award gain time to state prisoners. The Department does not recognize gain time awarded to county jail inmates pursuant to section 951.21....
CopyCited 4 times | Published | Florida 4th District Court of Appeal
...r the prisoner. A prisoner who willfully refuses to cooperate with the reimbursement efforts of the detention facility may have a lien placed against the prisoner's cash account or other personal property and may not receive gain-time as provided by section 951.21....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 11 Fla. L. Weekly 1548
...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 t...
...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....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 1994 WL 369651
...Without additional record and briefing, it is difficult to determine whether the trial court could properly enter successive orders of probation, each imposing 364 days' incarceration, and, if so, whether a second violation of probation would result in a loss of the jail or gain time earned on the first order. See § 951.21, Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal
...ursuant to the general condition provisions of section
948.03, Florida Statutes (1979). State v. Jones,
327 So.2d 18, 24 (Fla. 1976). In this case the order of probation does not constitute the imposition of sentence necessitating the application of section
951.21(1). Petition DENIED. DAUKSCH, C.J., and SHARP, J., concur. NOTES [1] Section
951.21(1), Fla....
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 17414
sentence within the meaning of the statute, section
951.21(1), Florida Statutes (1979), providing statutory
CopyPublished | Florida 5th District Court of Appeal | 1997 Fla. App. LEXIS 5830, 1997 WL 280558
PARIENTE, Judge. We affirm the trial court’s denial of defendant’s petition for writ of mandamus naming Broward County Board of Commissioners and Broward Sheriff Ron Cochran as respondents. Defendant sought gain time pursuant to section 951.21, Florida Statutes (1995), which applies to gain time for good conduct of county prisoners....
...Defendant was serving a fifteen-year prison term and was thus already a state prisoner in the custody of the Department of Corrections at the time of his transfer from prison to the Broward County Jail to attend an evidentiary hearing. Therefore, he was in only the temporary custody of the sheriff. Section 951.21 would not be applicable because he was not a county prisoner....
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 5159
...the prisoner. A prisoner who willfully refuses to cooperate with the reimbursement efforts of the detention facility may have a lien placed against the prisoner’s cash account or other personal property and may not receive gain-time as provided by section 951.21....
CopyPublished | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 13965
credit for his “gain time earned”, pursuant to F.S. §
951.21(1). In this case to start with, the defendant
CopyPublished | Florida 5th District Court of Appeal | 1982 Fla. App. LEXIS 20266
officials to give him statutory gain time under section 951.-21, Florida Statutes (1981). The statute does
CopyPublished | Florida 2nd District Court of Appeal | 2014 WL 2958589, 2014 Fla. App. LEXIS 10147
...XX and CF94-3348A1-XX prior to being sentenced to prison on the revocation of his
probation in those cases. He sought a writ of mandamus to require the Polk County
Sheriff's Office and the Polk County Board of Commissioners to award him gain time
pursuant to section 951.21(1), Florida Statutes (1993), which concerns gain time for
good conduct for county prisoners....
...He had already been sentenced to prison and
committed to the custody of the Florida Department of Corrections to serve his prison
sentences, and neither the Sheriff's Office nor the County Commissioners had the
indisputable legal duty, or even the power, to award him section 951.21(1) gain time
against his DOC sentences....
...See, e.g., Haines v. Broward Cnty. Bd. of Comm'rs,
695
So. 2d 818, 819 (Fla. 4th DCA 1997) (affirming denial of petition for writ of mandamus
that had been sought to require sheriff and county commissioners to award defendant
gain time pursuant to section
951.21, Florida Statutes (1995), for time the defendant
was in temporary custody of the sheriff, court explained "[a]fter a state prison sentence
has been imposed, a defendant's entitlement to any gain time, even for a temporary
stay in co...
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 6993, 1991 WL 131914
...However, he also claims to have earned 246 days of “trusty gain time” due to services rendered while a county prisoner. Apparently drawing analogy to State v. Green,
547 So.2d 925 (Fla.1989), he would like this additional credit applied against his sentence. While section
951.21, Florida Statutes (1989), authorizes awards of gain time to county prisoners, we believe the statute is intended to apply only to county jail sentences, and not to pretrial detainees such as DelToro who ultimately are transferred to the custody of the Department of Corrections. Commutation of time under section
951.21 is to be granted by the local board of county commissioners; we can find no authority, and DelToro suggests none, making their recommendations binding upon the Department....
CopyAgo (Fla. Att'y Gen. 2001).
Published | Florida Attorney General Reports
...Lafayette County Attorney Post Office Box 167 Perry, Florida 32348 Dear Mr. Bishop: On behalf of the Lafayette Board of County Commissioners, you ask substantially the following question: May the board of county commissioners grant commutation of time for good conduct of county prisoners in excess of that provided in section 951.21 , Florida Statutes? In sum: The board of county commissioners may not, in the absence of statutory authorization, grant commutation of time for good conduct of county prisoners in excess of that provided in section 951.21 , Florida Statutes. Section 951.21 (1), Florida Statutes, provides: "Commutation of time for good conduct of county prisoners shall be granted by the board of county commissioners unless, by a majority vote of the board of county commissioners, the board elects to discontinue or revise gain-time policies for good conduct....
...prisoner has served such time as, when added to the deduction allowable, will equal a month. A county prisoner under two or more cumulative sentences shall be allowed commutation as if they were all one sentence." 1 In addition to the above credits, section 951.21 (3), Florida Statutes, permits the county commission, upon the recommendation of the warden or sheriff, to adopt a policy allowing county prisoners an extra good-time allowance for meritorious conduct or exceptional industry not to exceed 5 days per month. Section 951.21 also makes provision for the forfeiture of such time allowances....
...allowances for county prisoners. For example, the board may be interested in granting more than 5 days for the first year of the sentence or allowing 8 days per month for meritorious conduct or exceptional industry. Initially, it must be noted that section 951.21 , Florida Statutes, applies to county prisoners serving county jail sentences....
...ferred to the custody of the Florida Department of Corrections. It is a principle of statutory construction that when the controlling law directs how a thing is to be done, that is, in effect, a prohibition against its being done in any other way. 4 Section 951.21 , Florida Statutes, permits a board of county commissioners to authorize commutation of time for good conduct for up to five days a month off the first and second years of a county prisoner's sentence, up to 10 days a month off the thi...
...nd that provided in the statute. Accordingly, I am of the opinion that the board of county commissioners may not, in the absence of statutory authorization, grant commutation of time for good conduct of county prisoners in excess of that provided in section 951.21 , Florida Statutes....
...is the same 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." 2 See, ss. 951.21 (2) and (4), Fla....
CopyPublished | Supreme Court of Florida
...tire gain time accrued at the time he escaped, including that earned by serving the first sentence, even though with credit for gain time the first sentence might be considered to have been served at the time of his escape? The applicable statute is § 951.21, Fla....
CopyPublished | Florida 1st District Court of Appeal | 1995 Fla. App. LEXIS 3374, 1995 WL 141143
...at Holloway violated the injunction and that he was in indirect criminal contempt of court. 1 Holloway was sentenced to 179 days in the county jail, and it was specifically ordered that he was to receive no “good or gain time” as provided for by section 951.21, Florida Statutes (1993)....
