Florida Statute 944.275 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 944
STATE CORRECTIONAL SYSTEM

View Entire Chapter

F.S. 944.275

944.275 Gain-time.—

(1) The department is authorized to grant deductions from sentences in the form of gain-time in order to encourage satisfactory prisoner behavior, to provide incentive for prisoners to participate in productive activities, and to reward prisoners who perform outstanding deeds or services.

(2)(a) The department shall establish for each prisoner sentenced to a term of years a “maximum sentence expiration date,” which shall be the date when the sentence or combined sentences imposed on a prisoner will expire. In establishing this date, the department shall reduce the total time to be served by any time lawfully credited.

(b) When a prisoner with an established maximum sentence expiration date is sentenced to an additional term or terms without having been released from custody, the department shall extend the maximum sentence expiration date by the length of time imposed in the new sentence or sentences, less lawful credits.

(c) When an escaped prisoner or a parole violator is returned to the custody of the department, the maximum sentence expiration date in effect when the escape occurred or the parole was effective shall be extended by the amount of time the prisoner was not in custody plus the time imposed in any new sentence or sentences, but reduced by any lawful credits.

(3)(a) The department shall also establish for each prisoner sentenced to a term of years a “tentative release date” which shall be the date projected for the prisoner’s release from custody by virtue of gain-time granted or forfeited as described in this section. The initial tentative release date shall be determined by deducting basic gain-time granted from the maximum sentence expiration date. Other gain-time shall be applied when granted or restored to make the tentative release date proportionately earlier; and forfeitures of gain-time, when ordered, shall be applied to make the tentative release date proportionately later.

(b) When an initial tentative release date is reestablished because of additional sentences imposed before the prisoner has completely served all prior sentences, any gain-time granted during service of a prior sentence and not forfeited shall be applied.

(4)(a) As a means of encouraging satisfactory behavior, the department shall grant basic gain-time at the rate of 10 days for each month of each sentence imposed on a prisoner, subject to the following:

1. Portions of any sentences to be served concurrently shall be treated as a single sentence when determining basic gain-time.

2. Basic gain-time for a partial month shall be prorated on the basis of a 30-day month.

3. When a prisoner receives a new maximum sentence expiration date because of additional sentences imposed, basic gain-time shall be granted for the amount of time the maximum sentence expiration date was extended.

(b) For each month in which an inmate works diligently, participates in training, uses time constructively, or otherwise engages in positive activities, the department may grant incentive gain-time in accordance with this paragraph. The rate of incentive gain-time in effect on the date the inmate committed the offense which resulted in his or her incarceration shall be the inmate’s rate of eligibility to earn incentive gain-time throughout the period of incarceration and shall not be altered by a subsequent change in the severity level of the offense for which the inmate was sentenced.

1. For sentences imposed for offenses committed prior to January 1, 1994, up to 20 days of incentive gain-time may be granted. If granted, such gain-time shall be credited and applied monthly.

2. For sentences imposed for offenses committed on or after January 1, 1994, and before October 1, 1995:

a. For offenses ranked in offense severity levels 1 through 7, under former s. 921.0012 or former s. 921.0013, up to 25 days of incentive gain-time may be granted. If granted, such gain-time shall be credited and applied monthly.

b. For offenses ranked in offense severity levels 8, 9, and 10, under former s. 921.0012 or former s. 921.0013, up to 20 days of incentive gain-time may be granted. If granted, such gain-time shall be credited and applied monthly.

3. For sentences imposed for offenses committed on or after October 1, 1995, the department may grant up to 10 days per month of incentive gain-time.

(c) An inmate who performs some outstanding deed, such as saving a life or assisting in recapturing an escaped inmate, or who in some manner performs an outstanding service that would merit the granting of additional deductions from the term of his or her sentence may be granted meritorious gain-time of from 1 to 60 days.

(d) Notwithstanding the monthly maximum awards of incentive gain-time under subparagraphs (b)1., 2., and 3., the education program manager shall recommend, and the Department of Corrections may grant, a one-time award of 60 additional days of incentive gain-time to an inmate who is otherwise eligible and who successfully completes requirements for and is, or has been during the current commitment, awarded a high school equivalency diploma or vocational certificate. Under no circumstances may an inmate receive more than 60 days for educational attainment pursuant to this section.

(e)1. Notwithstanding subparagraph (b)3., for sentences imposed for offenses committed on or after October 1, 2014, and before July 1, 2023, the department may not grant incentive gain-time if the offense is a violation of s. 782.04(1)(a)2.c.; s. 787.01(3)(a)2. or 3.; s. 787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s. 800.04; s. 825.1025; or s. 847.0135(5).

2. Notwithstanding subparagraph (b)3., for sentences imposed for offenses committed on or after July 1, 2023, the department may not grant incentive gain-time if the offense is for committing or attempting, soliciting, or conspiring to commit a violation of s. 782.04(1)(a)2.c.; s. 787.01(3)(a)2. or 3.; s. 787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s. 800.04; s. 825.1025; or s. 847.0135(5).

(f) An inmate who is subject to subparagraph (b)3. is not eligible to earn or receive gain-time under paragraph (a), paragraph (b), paragraph (c), or paragraph (d) or any other type of gain-time in an amount that would cause a sentence to expire, end, or terminate, or that would result in a prisoner’s release, prior to serving a minimum of 85 percent of the sentence imposed. For purposes of this paragraph, credits awarded by the court for time physically incarcerated shall be credited toward satisfaction of 85 percent of the sentence imposed. Except as provided by this section, a prisoner may not accumulate further gain-time awards at any point when the tentative release date is the same as that date at which the prisoner will have served 85 percent of the sentence imposed. State prisoners sentenced to life imprisonment shall be incarcerated for the rest of their natural lives, unless granted pardon or clemency.

(5) When a prisoner is found guilty of an infraction of the laws of this state or the rules of the department, gain-time may be forfeited according to law.

(6)(a) Basic gain-time under this section shall be computed on and applied to all sentences imposed for offenses committed on or after July 1, 1978, and before January 1, 1994.

(b) All incentive and meritorious gain-time is granted according to this section.

(c) All additional gain-time previously awarded under former subsections (2) and (3) and all forfeitures ordered prior to the effective date of the act that created this section shall remain in effect and be applied in establishing an initial tentative release date.

(7) The department shall adopt rules to implement the granting, forfeiture, restoration, and deletion of gain-time.

History.—s. 1, ch. 78-304; s. 57, ch. 79-3; s. 8, ch. 83-131; s. 3, ch. 91-281; s. 26, ch. 93-406; s. 26, ch. 95-184; s. 2, ch. 95-294; s. 59, ch. 96-388; s. 1853, ch. 97-102; s. 12, ch. 2014-4; s. 11, ch. 2014-20; s. 100, ch. 2015-2; s. 4, ch. 2017-31; s. 2, ch. 2023-146.

F.S. 944.275 on Google Scholar

F.S. 944.275 on CourtListener

Amendments to 944.275

Annotations, Discussions, Cases:

Cases Citing Statute 944.275

Total Results: 209

Douglas v. Yates

535 F.3d 1316, 2008 U.S. App. LEXIS 15955, 2008 WL 2875804

Court of Appeals for the Eleventh Circuit | Filed: Jul 28, 2008 | Docket: 226956

Cited 398 times | Published

n. 1, 67 L.Ed.2d 17 (1981) (citing Fla. Stat. § 944.275). Douglas filed a grievance about his punishment

Topps v. State

865 So. 2d 1253, 2004 WL 113093

Supreme Court of Florida | Filed: Jan 22, 2004 | Docket: 238025

Cited 86 times | Published

the inmate would actually remain in prison. See § 944.275(4)(b)3, Fla. Stat. (2001); ch. 95-294, § 2, at

Tripp v. State

622 So. 2d 941, 1993 WL 83094

Supreme Court of Florida | Filed: Mar 25, 1993 | Docket: 547051

Cited 81 times | Published

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

State v. Green

547 So. 2d 925, 1989 WL 83139

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

Cited 78 times | Published

imposed for probation violation. We agree. Section 944.275(1), Florida Statutes (1987), authorizes the

Waldrup v. Dugger

562 So. 2d 687, 1990 WL 89398

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

Cited 36 times | Published

forfeiture for unacceptable conduct. Compare § 944.275(2)(d), Fla. Stat. (1981) with § 944.28, Fla. Stat

Clines v. State

912 So. 2d 550, 2005 WL 1572294

Supreme Court of Florida | Filed: Jul 7, 2005 | Docket: 1649863

Cited 33 times | Published

use of gain-time to reduce life sentences. See § 944.275(4)(b)3., Fla. Stat. (2002). Thus, gain-time is

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

forms of discretionary gain time established by § 944.275(4) which, unlike "basic" gain time, can be awarded

Gwong v. Singletary

683 So. 2d 109, 1996 WL 580311

Supreme Court of Florida | Filed: Nov 22, 1996 | Docket: 1514959

Cited 27 times | Published

and 1982. In 1983, the legislature amended section 944.275 to decrease the possible award of incentive

State v. Steele

921 So. 2d 538

Supreme Court of Florida | Filed: Feb 2, 2006 | Docket: 1658862

Cited 21 times | Published

parole after twenty-five years. Additionally, section 944.275, Florida Statutes (2004), (gain time) was amended

Brazeail v. State

821 So. 2d 364, 2002 WL 1456159

District Court of Appeal of Florida | Filed: Jul 9, 2002 | Docket: 1236168

Cited 20 times | Published

entered the plea if he had known that under section 944.275(4), Florida Statutes, he would have to serve

Cook v. State

645 So. 2d 436, 1994 WL 656609

Supreme Court of Florida | Filed: Nov 23, 1994 | Docket: 1168936

Cited 20 times | Published

served as well as gain-time granted pursuant to section 944.275, Florida Statutes (1991). See Tripp, 622 So

Dugger v. Rodrick

584 So. 2d 2, 1991 WL 127619

Supreme Court of Florida | Filed: Jul 11, 1991 | Docket: 2523481

Cited 19 times | Published

correctional system do have a statutory right under section 944.275, Florida Statutes (1985), to "good time" gain

Moore v. Pearson

789 So. 2d 316, 2001 WL 490795

Supreme Court of Florida | Filed: May 10, 2001 | Docket: 1325834

Cited 18 times | Published

under the plea agreement was incompatible with section 944.275(4)(b)3, Florida Statutes (1997),[2] which prohibits

Gay v. Singletary

700 So. 2d 1220, 1997 WL 656234

Supreme Court of Florida | Filed: Oct 23, 1997 | Docket: 1373706

Cited 17 times | Published

period of time as time spent out of custody. See § 944.275(2)(c), Fla. Stat. (1995). In addressing Gay's

Hodgdon v. State

789 So. 2d 958, 2001 WL 746650

Supreme Court of Florida | Filed: Jul 5, 2001 | Docket: 1696207

Cited 16 times | Published

actually served and gain time granted pursuant to section 944.275, Florida Statutes (1991). See Tripp, 622 So

Gomez v. Singletary

733 So. 2d 499, 1998 WL 892663

Supreme Court of Florida | Filed: Dec 24, 1998 | Docket: 1659801

Cited 16 times | Published

amount of prison overcrowding. See generally § 944.275, Fla. Stat. (1997). [8] The Supreme Court seems

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

870, 870-71 (codified, as amended, at Fla.Stat. § 944.275 (1979-1981)) [hereinafter the 1978 act].

Andrews v. Florida Parole Com'n

768 So. 2d 1257, 2000 WL 1530915

District Court of Appeal of Florida | Filed: Oct 18, 2000 | Docket: 1525510

Cited 15 times | Published

SC00-569, 767 So.2d 456 (Fla. July 7, 2000). [3] Section 944.275 is the basic gain-time statute. A related section

Rivera v. Singletary

707 So. 2d 326, 1998 WL 65396

Supreme Court of Florida | Filed: Feb 19, 1998 | Docket: 1259659

Cited 15 times | Published

spent on supervised release because neither section 944.275, (describing how the Department of Corrections

Williams v. State

484 So. 2d 71, 11 Fla. L. Weekly 581

District Court of Appeal of Florida | Filed: Mar 5, 1986 | Docket: 1344522

Cited 15 times | Published

light of the liberal gain time provisions of Section 944.275, Florida Statutes (1985). AFFIRMED. SHIVERS

Ray v. State

480 So. 2d 228, 11 Fla. L. Weekly 69

District Court of Appeal of Florida | Filed: Dec 27, 1985 | Docket: 1220907

Cited 15 times | Published

A.C.J., and FRANK, J., concur. NOTES [1] Section 944.275, Fla. Stat. (1983), authorizes the Department

Clements v. State

761 So. 2d 1245, 2000 WL 954838

District Court of Appeal of Florida | Filed: Jul 12, 2000 | Docket: 988908

Cited 14 times | Published

that chapter affects the gain-time statute. See § 944.275, Fla. Stat. (1995). We note, however, that the

Burdick v. State

584 So. 2d 1035, 1991 WL 138126

District Court of Appeal of Florida | Filed: Jul 25, 1991 | Docket: 466691

Cited 14 times | Published

provided for in section 944.275(4)(b). Chapter 947 deals with parole. Section 944.275(2)(a) permits incentive

Harris v. Wainwright

376 So. 2d 855

Supreme Court of Florida | Filed: Nov 1, 1979 | Docket: 1410954

Cited 13 times | Published

corpus proceedings, petitioner asserts that section 944.275 Florida Statutes (1978 Supplement) is unconstitutional

Pearson v. Moore

767 So. 2d 1235, 2000 WL 1140023

District Court of Appeal of Florida | Filed: Aug 14, 2000 | Docket: 1661502

Cited 12 times | Published

grounds that the sentence was incompatible with section 944.275(4)(b)3., Florida Statutes (1997). This provision

Eldridge v. Moore

760 So. 2d 888, 2000 WL 373762

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

Cited 12 times | Published

been the case had no gain time been awarded. See § 944.275(1), Fla. Stat. (1999). When an inmate is released

Turner v. Singletary

623 So. 2d 537, 1993 WL 274210

District Court of Appeal of Florida | Filed: Jul 22, 1993 | Docket: 1183021

Cited 11 times | Published

disparate treatment of inmates similarly situated. Section 944.275(4)(b), Florida Statutes (1991), provides in

Blankenship v. Dugger

521 So. 2d 1097, 1988 WL 21006

Supreme Court of Florida | Filed: Mar 10, 1988 | Docket: 1348102

Cited 11 times | Published

correctional system do have a statutory right under section 944.275, Florida Statutes (1985), to "good time" gain

Bush v. Holmes

886 So. 2d 340, 2004 WL 2566078

District Court of Appeal of Florida | Filed: Nov 12, 2004 | Docket: 1379958

Cited 9 times | Published

legislative session, of an effort to amend section 944.275(4)(b) to require DOC to treat `indeterminate

Bruno v. State

837 So. 2d 521, 28 Fla. L. Weekly Fed. D 422

District Court of Appeal of Florida | Filed: Feb 6, 2003 | Docket: 537894

Cited 9 times | Published

would have to serve at least 13.3 years. See § 944.275(4)(b)3., Fla. Stat. (1997) (barring any award

Wood v. State

582 So. 2d 751, 1991 WL 123014

District Court of Appeal of Florida | Filed: Jul 11, 1991 | Docket: 1363859

Cited 9 times | Published

judge's broad sentencing discretion." [1] Section 944.275, Fla. Stat. (1989).

May v. FLORIDA PAROLE AND PROBATION COM'N

435 So. 2d 834, 1983 Fla. LEXIS 2673

Supreme Court of Florida | Filed: Jul 21, 1983 | Docket: 1697556

Cited 9 times | Published

(Footnote omitted, emphasis added.) [2] Id. [3] § 944.275(1), Fla. Stat. (1979), provides: (1) The department

McCurry v. Moore

242 F. Supp. 2d 1167, 2002 U.S. Dist. LEXIS 26082, 2002 WL 31940971

District Court, N.D. Florida | Filed: Nov 21, 2002 | Docket: 1895280

Cited 8 times | Published

affidavit"). However, pursuant to FLA. STAT. § 944.275(6)(a), inmates sentenced for offenses committed

State v. Lancaster

731 So. 2d 1227, 1998 WL 892627

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

Cited 8 times | Published

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

Britt v. Chiles

704 So. 2d 1046, 1997 WL 589308

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

Cited 8 times | Published

944.28(1), Florida Statutes (1991). Under section 944.275(4)(b), Britt could earn up to twenty days per

Florida Parole Commission v. Spaziano

48 So. 3d 714, 35 Fla. L. Weekly Supp. 582, 2010 Fla. LEXIS 1730, 2010 WL 4007636

Supreme Court of Florida | Filed: Oct 14, 2010 | Docket: 2399313

Cited 7 times | Published

the constitutionality of a 1993 amendment to section 944.275, Florida Statutes, was exempt from the fee

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

on the sentence imposed in accordance with section 944.275(4)(a), Florida Statutes, and to establish the

Heuring v. State

559 So. 2d 207, 1990 WL 29520

Supreme Court of Florida | Filed: Mar 15, 1990 | Docket: 2527414

Cited 7 times | Published

547 So.2d 925, 926 (Fla. 1989), we ruled: Section 944.275(1), Florida Statutes (1987), authorizes the

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

time. The right to earn gain time is governed by § 944.275, Florida Statutes, which authorizes the Department

Shupe v. State

516 So. 2d 73, 1987 WL 2025

District Court of Appeal of Florida | Filed: Dec 3, 1987 | Docket: 2588096

Cited 7 times | Published

and that the award of gain time, pursuant to section 944.275, Florida Statutes, is solely within the province

Curry v. Department of Corrections

423 So. 2d 584

District Court of Appeal of Florida | Filed: Dec 20, 1982 | Docket: 544330

Cited 7 times | Published

simultaneously enacted a new gain-time statute under section 944.275. In so doing, however, the Legislature failed

Gaston v. State

613 So. 2d 496, 1993 WL 2962

District Court of Appeal of Florida | Filed: Jan 6, 1993 | Docket: 1511332

Cited 6 times | Published

"maximum sentence expiration date" pursuant to section 944.275(2)(a), Florida Statutes (1991), without also

Fryson v. State

506 So. 2d 1117, 12 Fla. L. Weekly 1159

District Court of Appeal of Florida | Filed: May 6, 1987 | Docket: 1700160

Cited 6 times | Published

receive gain time on a guidelines sentence, section 944.275(2)(a) authorizes gain time only for a prisoner

Hall v. State

493 So. 2d 93, 11 Fla. L. Weekly 1921

District Court of Appeal of Florida | Filed: Sep 5, 1986 | Docket: 87691

Cited 6 times | Published

statutory gain time. We agree. According to section 944.275, Florida Statutes (1983), awarding of gain

James v. Department of Corrections

424 So. 2d 826, 1982 Fla. App. LEXIS 21223

District Court of Appeal of Florida | Filed: Sep 22, 1982 | Docket: 1708295

Cited 6 times | Published

of the new gain-time statute set forth in section 944.275. The mandatory gun law continued to read that

Kelly v. State

137 So. 3d 2, 2014 WL 996521, 2014 Fla. App. LEXIS 3599

District Court of Appeal of Florida | Filed: Mar 14, 2014 | Docket: 60240287

Cited 5 times | Published

eligible for gain time awards. Pursuant to section 944.275, Florida Statutes, a defendant must serve *4at

Simon v. State

997 So. 2d 490, 2008 WL 5233785

District Court of Appeal of Florida | Filed: Dec 17, 2008 | Docket: 1378343

Cited 5 times | Published

implemented by the Stop Turning Out Prisoners Act. See § 944.275(4)(b)3, Fla. Stat. (2007) (preventing those sentenced

Young v. Moore

820 So. 2d 901, 2002 WL 1065931

Supreme Court of Florida | Filed: May 30, 2002 | Docket: 1362542

Cited 5 times | Published

Department has applied the gain time provisions of section 944.275(4)(b)3, Florida Statutes (1997), which permits

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

mechanisms governing Florida's prison system. Section 944.275, Florida Statutes (1997), allows the Department

Pettway v. Wainwright

450 So. 2d 1279

District Court of Appeal of Florida | Filed: Jun 15, 1984 | Docket: 2570648

Cited 5 times | Published

gain-time is optional, not mandatory, because § 944.275(4)(b), Fla. Stat. (1983), states that the DOC

Denizard v. State

79 So. 3d 159, 2012 WL 385479, 2012 Fla. App. LEXIS 1783

District Court of Appeal of Florida | Filed: Feb 8, 2012 | Docket: 2357837

Cited 4 times | Published

benefitting from the eighty-five percent rule in section 944.275(4)(b)(3), Florida Statutes (2007). This section

Batista v. State

993 So. 2d 93, 2008 WL 4525779

District Court of Appeal of Florida | Filed: Oct 10, 2008 | Docket: 2552355

Cited 4 times | Published

determining Batista's correct release date. See § 944.275(2) and (3), Fla. Stat. (2008). AFFIRMED. ORFINGER

Sanchez v. State

765 So. 2d 246, 2000 WL 1114123

District Court of Appeal of Florida | Filed: Aug 9, 2000 | Docket: 1522905

Cited 4 times | Published

ch. 95-294, §§ 1, 2, Laws of Fla. (codified as § 944.275(4)(c)2., Fla. Stat. (1995)). The relevant part

Turner v. State

689 So. 2d 1107, 22 Fla. L. Weekly Fed. D 446

District Court of Appeal of Florida | Filed: Feb 12, 1997 | Docket: 1739426

Cited 4 times | Published

Corrections had advised him that in accord with section 944.275(4)(b)3., Florida Statutes (1995), he must serve

Zopf v. Singletary

686 So. 2d 680, 1996 WL 728695

District Court of Appeal of Florida | Filed: Dec 20, 1996 | Docket: 1675963

Cited 4 times | Published

Department) to award him basic gain-time pursuant to section 944.275, Florida Statutes (1993). The appellant contends

Surinach v. State

676 So. 2d 997, 1996 WL 312168

District Court of Appeal of Florida | Filed: Jun 12, 1996 | Docket: 1317638

Cited 4 times | Published

offenses committed on or after January 1, 1994. § 944.275(6)(a), Fla.Stat. (1995). In the present case,

Westlund v. Florida Parole Commission

637 So. 2d 52, 1994 WL 182256

District Court of Appeal of Florida | Filed: May 13, 1994 | Docket: 1521467

Cited 4 times | Published

served and statutory gain-time accrued under section 944.275 Florida Statutes (1991), appellant had finished

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

basic gain time forfeited by using revised section 944.275, Florida Statutes (1983). Avera argued that

Kelly v. State

552 So. 2d 1140, 1989 WL 122628

District Court of Appeal of Florida | Filed: Oct 19, 1989 | Docket: 1663560

Cited 4 times | Published

credit for 875 days of basic gain time under section 944.275(1), Florida Statutes, and administrative gain

State v. Hall

538 So. 2d 468, 1989 WL 161

District Court of Appeal of Florida | Filed: Jan 5, 1989 | Docket: 472436

Cited 4 times | Published

year sentences. Gain time is authorized by section 944.275 (incentive gain time) and section 944.276 (administrative

Smith v. State

93 So. 3d 371, 2012 WL 2345119, 2012 Fla. App. LEXIS 9996

District Court of Appeal of Florida | Filed: Jun 21, 2012 | Docket: 60310560

Cited 3 times | Published

dramatically reduce his total sentence served. Section 944.275(4)(a), Florida Statutes (1985), provides that

Bishop v. Sheldon

68 So. 3d 259, 2010 Fla. App. LEXIS 18333, 2010 WL 4861512

District Court of Appeal of Florida | Filed: Dec 1, 2010 | Docket: 1909969

Cited 3 times | Published

motion challenging his illegal sentence. . See § 944.275(4)(b)(3), Fla. Stat. (1999) (providing that no

Burks v. McNeil

984 So. 2d 619, 2008 WL 2403716

District Court of Appeal of Florida | Filed: Jun 16, 2008 | Docket: 2085464

Cited 3 times | Published

clause when it applied the 1983 version of section 944.275, Florida Statutes, to his offense committed

Comer v. Moore

817 So. 2d 784, 2002 WL 389916

Supreme Court of Florida | Filed: Mar 14, 2002 | Docket: 1429730

Cited 3 times | Published

time may not exceed 15% of his sentence. See § 944.275(4)(b)3, Fla. Stat. (2001); ch. 95-294, § 2, Laws

Rivera v. State

790 So. 2d 584, 2001 WL 863575

District Court of Appeal of Florida | Filed: Aug 1, 2001 | Docket: 1412187

Cited 3 times | Published

gain time calculated based on the version of section 944.275, Florida Statutes, which existed prior to 1995

Ray v. State

772 So. 2d 18, 2000 WL 1152421

District Court of Appeal of Florida | Filed: Aug 16, 2000 | Docket: 1431059

Cited 3 times | Published

was adversely affected by the amendments to section 944.275, Florida Statutes (1995), made by chapter 95-184

Duer v. Moore

765 So. 2d 743, 2000 WL 650519

District Court of Appeal of Florida | Filed: May 22, 2000 | Docket: 428968

Cited 3 times | Published

originally awarded him incentive gain-time under section 944.275(4)(b), Florida *744 Statutes (1993), at the

Raines v. State of Florida

983 F. Supp. 1362, 1997 U.S. Dist. LEXIS 19581, 1997 WL 725985

District Court, N.D. Florida | Filed: Mar 21, 1997 | Docket: 1806315

Cited 3 times | Published

material facts The statute at issue here, Fla. Stat. § 944.275(4)(b)(1995), provides in relevant part: For each

Tucker v. State

679 So. 2d 1261, 1996 WL 526248

District Court of Appeal of Florida | Filed: Sep 18, 1996 | Docket: 90940

Cited 3 times | Published

the initial concurrent sentences pursuant to section 944.275, Florida Statutes (1989), as *1262 well as

Orosz v. Singletary

655 So. 2d 1112, 20 Fla. L. Weekly Supp. 150, 1995 Fla. LEXIS 466, 1995 WL 134790

Supreme Court of Florida | Filed: Mar 30, 1995 | Docket: 1327142

Cited 3 times | Published

(1973). A similar system is in place today. See § 944.275, Fla. Stat. (1993). However, just twenty-one days

Bailey v. State

634 So. 2d 171, 1994 WL 43413

District Court of Appeal of Florida | Filed: Feb 16, 1994 | Docket: 1472490

Cited 3 times | Published

actually served and gain time granted pursuant to section 944.275, Florida Statutes (1989). Tripp v. State, 622

Webb v. State

630 So. 2d 674, 1994 WL 11553

District Court of Appeal of Florida | Filed: Jan 19, 1994 | Docket: 1519541

Cited 3 times | Published

time attributable to his good behavior under section 944.275, Florida Statutes, and apply such credit to

Raske v. Dugger

819 F. Supp. 1046, 1993 U.S. Dist. LEXIS 5517, 1993 WL 127718

District Court, M.D. Florida | Filed: Apr 20, 1993 | Docket: 1790770

Cited 3 times | Published

Correctional Reform Act of 1983, codified at Fla.Stat. § 944.275 (1987) ("1983 Act"), as applied, in the award

Middleton v. State

603 So. 2d 46, 1992 WL 170957

District Court of Appeal of Florida | Filed: Jul 23, 1992 | Docket: 1475980

Cited 3 times | Published

incentive gain time each month as provided by section 944.275(4)(b), and on the written negotiated plea and

State v. Regan

564 So. 2d 1208, 1990 WL 105511

District Court of Appeal of Florida | Filed: Jul 27, 1990 | Docket: 1689173

Cited 3 times | Published

imprisonment with no eligibility for parole or section 944.275 statutory gain-time. § 893.13(1)(e), Fla. Stat

State v. Castro

491 So. 2d 313, 11 Fla. L. Weekly 1548

District Court of Appeal of Florida | Filed: Jul 9, 1986 | Docket: 1383491

Cited 3 times | Published

amend section 951.21 (county jail gain-time), section 944.275 (state prison gain-time), and section 939.05

Easton v. State

472 So. 2d 1369, 10 Fla. L. Weekly 1836

District Court of Appeal of Florida | Filed: Jul 30, 1985 | Docket: 1793341

Cited 3 times | Published

time as a "reward" for good behavior, see section 944.275, Florida Statutes (1983); and (c) the specific

Davis v. State

199 So. 3d 546, 2016 Fla. App. LEXIS 13817, 2016 WL 4771440

District Court of Appeal of Florida | Filed: Sep 14, 2016 | Docket: 60256636

Cited 2 times | Published

Stop Turning Out Prisoners Act and enacting section 944.275(4)(b)3, Florida Statutes, which limits gain-time

Smith v. State

126 So. 3d 397, 2013 WL 5925076, 2013 Fla. App. LEXIS 17585

District Court of Appeal of Florida | Filed: Nov 6, 2013 | Docket: 60236433

Cited 2 times | Published

eliminated basic gain time for all offenders. See § 944.275(6)(a), Fla. Stat. (1994) (eliminating basic gain

Jackson v. State

96 So. 3d 980, 2012 Fla. App. LEXIS 13197, 2012 WL 3192722

District Court of Appeal of Florida | Filed: Aug 8, 2012 | Docket: 60311612

Cited 2 times | Published

700 So.2d 453, 455-56 (Fla. 4th DCA 1997). Section 944.275(3)(a) provides: “The department shall also

Smith v. McNeil

49 So. 3d 298, 2010 Fla. App. LEXIS 16155, 2010 WL 4157325

District Court of Appeal of Florida | Filed: Oct 25, 2010 | Docket: 60296717

Cited 2 times | Published

affected by Appellant’s classification record. See § 944.275(2)(a), Fla. Stat.; Tal-Mason v. State, 700 So

McNeil v. Canty

12 So. 3d 215, 34 Fla. L. Weekly Supp. 381, 2009 Fla. LEXIS 975, 2009 WL 1793375

Supreme Court of Florida | Filed: Jun 25, 2009 | Docket: 2541695

Cited 2 times | Published

tentative release date proportionately later.” § 944.275(3)(a), Fla. Stat. (1991). Combined, these statutes

McNeil v. Cox

997 So. 2d 343, 2008 WL 5083513

Supreme Court of Florida | Filed: Dec 4, 2008 | Docket: 1379013

Cited 2 times | Published

of 1994 (the Act), which inter alia amended section 944.275, Florida Statutes (1993), to restrict the awarding

Sutton v. FLORIDA PAROLE COM'N

975 So. 2d 1256, 2008 Fla. App. LEXIS 3397, 2008 WL 649610

District Court of Appeal of Florida | Filed: Mar 12, 2008 | Docket: 1727413

Cited 2 times | Published

Singletary, 737 So.2d 505, 507 (Fla.1999). [4] § 944.275(4)(b)3, Fla. Stat. (2007). [5] This procedure

Cornett v. State

922 So. 2d 297, 2006 WL 305438

District Court of Appeal of Florida | Filed: Feb 10, 2006 | Docket: 1683375

Cited 2 times | Published

were "committed on or after October 1, 1995." § 944.275(4)(b)(3), Fla. Stat. (1997); Young, 820 So.2d

Cornett v. State

922 So. 2d 297, 2006 WL 305438

District Court of Appeal of Florida | Filed: Feb 10, 2006 | Docket: 1683375

Cited 2 times | Published

were "committed on or after October 1, 1995." § 944.275(4)(b)(3), Fla. Stat. (1997); Young, 820 So.2d

Cox v. Crosby

27 So. 3d 45, 2006 Fla. App. LEXIS 832, 2006 WL 176681

District Court of Appeal of Florida | Filed: Jan 26, 2006 | Docket: 1665076

Cited 2 times | Published

Court for Leon County that a 1993 amendment to section 944.275, Florida Statutes, which precluded him from

Daniels v. State

870 So. 2d 250, 2004 WL 591027

District Court of Appeal of Florida | Filed: Mar 26, 2004 | Docket: 1697904

Cited 2 times | Published

actual prison time as credit for time served. See § 944.275(3)(b), Fla. Stat. (1985). Since the enactment

Sanford v. State

739 So. 2d 1208, 1999 WL 565443

District Court of Appeal of Florida | Filed: Aug 4, 1999 | Docket: 1688782

Cited 2 times | Published

the only gain time statutes in effect were section 944.275, Florida Statutes (1985), providing for basic

Orosz v. Singletary

693 So. 2d 538, 22 Fla. L. Weekly Supp. 51, 1997 Fla. LEXIS 7, 1997 WL 23203

Supreme Court of Florida | Filed: Jan 23, 1997 | Docket: 435366

Cited 2 times | Published

(1973). A similar system is in place today. See § 944.275, Fla.Stat. (1993). However, just twenty-one days

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

pursuant to section 944.275(4)(a) and incentive gain time, awarded pursuant to section 944.275(4)(b). The

Rice v. State

622 So. 2d 1129, 1993 WL 306727

District Court of Appeal of Florida | Filed: Aug 13, 1993 | Docket: 1528954

Cited 2 times | Published

to credit for gain time granted pursuant to section 944.275, Florida Statutes (1985), but is not entitled

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

existing version of section 944.275. Effective June 15, 1983, however, section 944.275 was revised to require

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

that the goals underlying the provisions of Section 944.275, Florida Statutes (1987), authorizing gain-time

Fuller v. Wainwright

458 So. 2d 1131

District Court of Appeal of Florida | Filed: Apr 18, 1984 | Docket: 1733104

Cited 2 times | Published

At issue is the effect of the revision of section 944.275, Florida Statutes (1983), which increases the

Hampton v. State

421 So. 2d 775

District Court of Appeal of Florida | Filed: Nov 10, 1982 | Docket: 270266

Cited 2 times | Published

well as grants and forfeitures of gain time (see § 944.275 and 944.28, Fla. Stat. (1981)), and other matters

Clyde E. Johnson v. State of Florida

215 So. 3d 1237, 42 Fla. L. Weekly Supp. 470, 2017 WL 1409660, 2017 Fla. LEXIS 888

Supreme Court of Florida | Filed: Apr 20, 2017 | Docket: 4922807

Cited 1 times | Published

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

State of Florida v. Frank A. Mosley

149 So. 3d 684, 39 Fla. L. Weekly Supp. 627, 2014 Fla. LEXIS 3068, 2014 WL 5285851

Supreme Court of Florida | Filed: Oct 16, 2014 | Docket: 1422903

Cited 1 times | Published

would if he were eligible for gain time under section 944.275, Florida Statutes (2006). In the analysis

Rosario v. State

122 So. 3d 412, 2013 WL 4727556, 2013 Fla. App. LEXIS 14086

District Court of Appeal of Florida | Filed: Sep 4, 2013 | Docket: 60234678

Cited 1 times | Published

least eighty-five percent of his sentence. See § 944.275(4)(b)3., Fla. Stat. (2010). Eighty-five percent

Hurt v. State

82 So. 3d 1090, 2012 Fla. App. LEXIS 977, 2012 WL 204296

District Court of Appeal of Florida | Filed: Jan 25, 2012 | Docket: 60306051

Cited 1 times | Published

DAMOORGIAN, GERBER and LEVINE, JJ., concur. . Section 944.275(4)(b)3., Florida Statutes, provides in relevant

Valle v. State

40 So. 3d 845, 2010 WL 2756957

District Court of Appeal of Florida | Filed: Jul 14, 2010 | Docket: 1408884

Cited 1 times | Published

SHEPHERD, and LAGOA, JJ. PER CURIAM. Affirmed. See § 944.275(3)(a), Fla. Stat. (1994); Gusow v. State, 6 So

Elbert v. State

20 So. 3d 961, 2009 Fla. App. LEXIS 15522, 2009 WL 3270834

District Court of Appeal of Florida | Filed: Oct 14, 2009 | Docket: 1640211

Cited 1 times | Published

to 11-17-2011.... (Emphasis added.) [4] See § 944.275(3)(a), Fla. Stat. (2003) (requiring that DOC establish

Morris v. State

978 So. 2d 259, 2008 WL 902112

District Court of Appeal of Florida | Filed: Apr 4, 2008 | Docket: 445268

Cited 1 times | Published

incarcerative term based upon his offense date, see section 944.275, Florida Statutes, we conclude that Morris

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

the time petitioner committed his offenses, section 944.275, Florida Statutes (Supp.1978), the applicable

Mastay v. McDonough

928 So. 2d 512, 2006 Fla. App. LEXIS 7164, 2006 WL 1272557

District Court of Appeal of Florida | Filed: May 11, 2006 | Docket: 64844590

Cited 1 times | Published

minimum of 85 percent of the sentence imposed. § 944.275(4)(b)3, Fla. Stat. (2000). Accordingly, the removal

Crosby v. McNeal

865 So. 2d 617, 2004 WL 119353

District Court of Appeal of Florida | Filed: Jan 23, 2004 | Docket: 1656274

Cited 1 times | Published

up to 25 days of gain time per month under section 944.275(4)(b)2., Florida Statutes (1994). On the 1996

Nelson v. Moore

802 So. 2d 472, 2001 WL 1635491

District Court of Appeal of Florida | Filed: Dec 21, 2001 | Docket: 2566127

Cited 1 times | Published

of gain time he would have received under section 944.275, Florida Statutes (1993), as it existed prior

Nelson v. Moore

802 So. 2d 472, 2001 WL 1635491

District Court of Appeal of Florida | Filed: Dec 21, 2001 | Docket: 2566127

Cited 1 times | Published

of gain time he would have received under section 944.275, Florida Statutes (1993), as it existed prior

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

extended by the number of days he was out of prison § 944.275(2)(c), Fla. Stat. (1989, 1991); Gay v. Singletary

West v. State

789 So. 2d 1123, 2001 WL 716736

District Court of Appeal of Florida | Filed: Jun 27, 2001 | Docket: 1158586

Cited 1 times | Published

minimum of 85% of his sentence prior to release. § 944.275(4)(b)3., Fla. Stat. (1995).[1] This statute was

Allen v. State

768 So. 2d 1168, 2000 WL 1283784

District Court of Appeal of Florida | Filed: Sep 13, 2000 | Docket: 1525572

Cited 1 times | Published

gain time was affected by the amendment to section 944.275(4), claiming it was changed by chapter 95-184

Cook v. State

767 So. 2d 572, 25 Fla. L. Weekly Fed. D 2137

District Court of Appeal of Florida | Filed: Sep 6, 2000 | Docket: 2578942

Cited 1 times | Published

entirety; section 26 of chapter 95-184 amended section 944.275, the gain-time statute). We agree with the

Cook v. State

767 So. 2d 572, 25 Fla. L. Weekly Fed. D 2137

District Court of Appeal of Florida | Filed: Sep 6, 2000 | Docket: 2578942

Cited 1 times | Published

entirety; section 26 of chapter 95-184 amended section 944.275, the gain-time statute). We agree with the

Nixon v. State

658 So. 2d 1180, 1995 WL 467331

District Court of Appeal of Florida | Filed: Aug 9, 1995 | Docket: 2544993

Cited 1 times | Published

offenses committed before January 1, 1994. See § 944.275(6)(a), Fla. Stat. (1993); Heath v. State, 656

State v. McKenzie

574 So. 2d 1176, 1991 WL 15557

District Court of Appeal of Florida | Filed: Feb 7, 1991 | Docket: 1729800

Cited 1 times | Published

not prohibit it. Gain time is described in section 944.275, Florida Statutes (1989). Subsection 944.275(1)

Melvin v. State

553 So. 2d 312, 1989 WL 145745

District Court of Appeal of Florida | Filed: Dec 1, 1989 | Docket: 1258964

Cited 1 times | Published

limiting the decision as the state urges. Section 944.275, Florida Statutes (1987), entitled "gain-time

Baranko v. Wainwright

448 So. 2d 1067

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

Cited 1 times | Published

been properly calculated in accordance with Section 944.275, Fla. Stat. (1983), and that, had it been properly

Baranko v. Wainwright

448 So. 2d 1067

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

Cited 1 times | Published

been properly calculated in accordance with Section 944.275, Fla. Stat. (1983), and that, had it been properly

Florida Department of Corrections v. McMillan C. Gould

Supreme Court of Florida | Filed: Nov 14, 2024 | Docket: 69374489

Published

(2014), and the incentive gain-time statute, see § 944.275, Fla. Stat. (2014). In my view, based on

David B. Ingraham v. The State of Florida

District Court of Appeal of Florida | Filed: Mar 6, 2024 | Docket: 68313515

Published

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

GIOVANI GUERRA v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jan 12, 2022 | Docket: 62218239

Published

that at the time of the plea, he was unaware section 944.275(4)(e), Florida Statutes (2020), prohibits incentive

LABRONX BAILEY v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jun 26, 2019 | Docket: 15835847

Published

This is still true even though section 944.275(4)(f), Florida Statutes (2014), which

LABRONX BAILEY v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 22, 2019 | Docket: 14775754

Published

This is still true even though section 944.275(4)(f), Florida Statutes (2014), which

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

application of the BGT rule in the 1983 version of section 944.275, Florida Statutes, was not an ex post facto

James Mobley v. State

263 So. 3d 117

District Court of Appeal of Florida | Filed: Oct 16, 2018 | Docket: 8087552

Published

which he may otherwise be entitled to under section 944.275, Florida Statutes, during the mandatory minimum

Darriue Montgomery v. State

230 So. 3d 1256

District Court of Appeal of Florida | Filed: Nov 9, 2017 | Docket: 6225688

Published

Stat. (2014). This is still true even though section 944.275(4)(f), Florida Statutes (2014), which mandates

Willie K. Clay v. State

226 So. 3d 346, 2017 Fla. App. LEXIS 12568, 2017 WL 3785802

District Court of Appeal of Florida | Filed: Sep 1, 2017 | Docket: 6148683

Published

offenses committed on or after October 1, 1995. See § 944.275(4)(f), Fla. Stat. (2015).

Nairn D. Newell v. Florida Department of Corrections

214 So. 3d 721, 2017 WL 838818, 2017 Fla. App. LEXIS 2951

District Court of Appeal of Florida | Filed: Mar 3, 2017 | Docket: 4613130

Published

providing for *723 such an award, section 944.275(4)(d), Florida Statutes, does not apply to

Enrique Diaz v. Julie L. Jones, Secretary Fla. Dept. of Corrections

215 So. 3d 121, 2017 WL 838643, 2017 Fla. App. LEXIS 2960

District Court of Appeal of Florida | Filed: Mar 3, 2017 | Docket: 4619350

Published

we deny the petition. The version of section 944.275, Florida Statutes, in effect at the time of

Jordan v. State

182 So. 3d 819, 2016 Fla. App. LEXIS 95, 2016 WL 63436

District Court of Appeal of Florida | Filed: Jan 6, 2016 | Docket: 3026007

Published

of that 30-year sentence. See § 944.275(4)(b)3, Fla. Stat. (1997). It would therefore

Jordan v. State

182 So. 3d 819, 2016 Fla. App. LEXIS 95, 2016 WL 63436

District Court of Appeal of Florida | Filed: Jan 6, 2016 | Docket: 3026007

Published

of that 30-year sentence. See § 944.275(4)(b)3, Fla. Stat. (1997). It would therefore

Antony Deshawn Melvin v. State of Florida

177 So. 3d 648

District Court of Appeal of Florida | Filed: Oct 20, 2015 | Docket: 2991565

Published

precludes application of gain-time. See § 944.275, Fla. Stat. The trial court, in ruling that Melvin

Zachary Lambert v. State of Florida

170 So. 3d 74

District Court of Appeal of Florida | Filed: Jun 7, 2015 | Docket: 2662664

Published

sentence, or 12.75 years. See § 944.275(4)(b)3., Fla. Stat. Taking into account the 309

Zachary Lambert v. State of Florida

District Court of Appeal of Florida | Filed: Apr 14, 2015 | Docket: 2649510

Published

least 85% of his sentence, or 12.75 years. See § 944.275(4)(a), (4)(b)3., Fla. Stat. Taking into account

Javarris Lane v. State of Florida

151 So. 3d 20

District Court of Appeal of Florida | Filed: Oct 12, 2014 | Docket: 1443097

Published

percent of their . sentences. See § 944.275(4)(b)3., Fla. Stat. (2011). 3 On the

Lewis v. State

118 So. 3d 291, 2013 WL 3927674, 2013 Fla. App. LEXIS 12005

District Court of Appeal of Florida | Filed: Jul 31, 2013 | Docket: 60233170

Published

of his sentence before he may be released. See § 944.275(4)(b)3 Fla. Stat. (2013); Adams v. State,-So.3d-

Conionilli v. State

58 So. 3d 380, 2011 Fla. App. LEXIS 4868, 36 Fla. L. Weekly Fed. D 747

District Court of Appeal of Florida | Filed: Apr 8, 2011 | Docket: 60299340

Published

is in turn defined in the gain-time statute, § 944.275(3)(a), Fla. Stat. (1989). However, such a date

In Re Commitment of Phillips

69 So. 3d 951, 2010 Fla. App. LEXIS 18311, 35 Fla. L. Weekly Fed. D 2614

District Court of Appeal of Florida | Filed: Dec 1, 2010 | Docket: 2359817

Published

time should be treated differently- Under section 944.275(4)(b), Florida Statutes (1989),6 incentive

Valle v. State

40 So. 3d 845, 2010 Fla. App. LEXIS 10386

District Court of Appeal of Florida | Filed: Jul 14, 2010 | Docket: 60295176

Published

PER CURIAM. Affirmed. See § 944.275(3)(a), Fla. Stat. (1994); Gusow v. State, 6 So.3d 699 (Fla. 4th

Flint v. State

13 So. 3d 70, 2009 Fla. App. LEXIS 4634, 2009 WL 1311597

District Court of Appeal of Florida | Filed: May 13, 2009 | Docket: 1186614

Published

the plea offer would have been pursuant to section 944.275, Florida Statutes (1991). As the postconviction

Perez v. McNeil

995 So. 2d 989, 2008 Fla. App. LEXIS 15434, 2008 WL 4471236

District Court of Appeal of Florida | Filed: Oct 7, 2008 | Docket: 64856908

Published

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

Ciambrone v. State

938 So. 2d 550, 2006 Fla. App. LEXIS 13809, 2006 WL 2381938

District Court of Appeal of Florida | Filed: Aug 18, 2006 | Docket: 64847048

Published

eligibility for gain time is thus determined under section 944.275(4)(c)(2), Florida Statutes (1993), which states:

Efraimson v. State

901 So. 2d 1002, 2005 Fla. App. LEXIS 7286, 2005 WL 1162949

District Court of Appeal of Florida | Filed: May 18, 2005 | Docket: 64838126

Published

time will be calculated in accordance with section 944.275, Florida Stat*1004utes (1983). Consequently

Miller v. State

882 So. 2d 480, 2004 Fla. App. LEXIS 13743, 2004 WL 2071005

District Court of Appeal of Florida | Filed: Sep 17, 2004 | Docket: 64832561

Published

State, 682 So.2d 147, 148 (Fla. 4th DCA 1996). § 944.275(3)(b). But the award of gain time is entirely

Richmond v. State

876 So. 2d 1277, 2004 Fla. App. LEXIS 10492, 2004 WL 1570361

District Court of Appeal of Florida | Filed: Jul 14, 2004 | Docket: 64831671

Published

time under the gain time statute. See generally § 944.275, Fla. Stat. (2003). Under established precedent

Massey v. Crosby

874 So. 2d 614, 2004 Fla. App. LEXIS 3300, 2004 WL 575397

District Court of Appeal of Florida | Filed: Mar 17, 2004 | Docket: 64830913

Published

improper calculation of gain time is denied. See § 944.275(4)(b)3, Fla. Stat. (1995)(enacted by chapter 95-294

Crosby v. Bolden

867 So. 2d 373, 29 Fla. L. Weekly Supp. 75, 2004 Fla. LEXIS 186, 2004 WL 252040

Supreme Court of Florida | Filed: Feb 12, 2004 | Docket: 64828590

Published

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

Rollman v. State

855 So. 2d 239, 2003 Fla. App. LEXIS 14536, 2003 WL 22213581

District Court of Appeal of Florida | Filed: Sep 26, 2003 | Docket: 64825251

Published

to prison for the remainder of his life.1 See § 944.275(4)(b)(3), Fla. Stat. (2002) (“State prisoners

Wesley v. State

848 So. 2d 1231, 2003 Fla. App. LEXIS 10303, 2003 WL 21536969

District Court of Appeal of Florida | Filed: Jul 9, 2003 | Docket: 64823889

Published

gain time granted or forfeited pursuant to section 944.275(3)(a), Florida Statutes (1989). See § 947.005(6)

Marshall v. State

838 So. 2d 702, 2003 WL 828756

District Court of Appeal of Florida | Filed: Mar 7, 2003 | Docket: 1062971

Published

["DOC"] to compel the award of gain time under section 944.275(3)(a), Florida Statutes (1981). Marshall is

Pizano v. State

829 So. 2d 396, 2002 Fla. App. LEXIS 16090, 2002 WL 31465895

District Court of Appeal of Florida | Filed: Nov 6, 2002 | Docket: 64818629

Published

to his sentence in this case. Pursuant to section 944.275(2)(b), Florida Statutes, the Department of

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

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

Scullock v. State

825 So. 2d 475, 2002 Fla. App. LEXIS 11565, 2002 WL 1841617

District Court of Appeal of Florida | Filed: Aug 14, 2002 | Docket: 64817309

Published

corpus petition. Appellant argued below that section 944.275, Florida Statutes, which requires inmates to

Williams v. State

801 So. 2d 183, 2001 Fla. App. LEXIS 16932, 2001 WL 1518294

District Court of Appeal of Florida | Filed: Nov 30, 2001 | Docket: 64810600

Published

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

Adams v. Department of Corrections

801 So. 2d 150, 2001 Fla. App. LEXIS 16645, 2001 WL 1489070

District Court of Appeal of Florida | Filed: Nov 27, 2001 | Docket: 1744768

Published

respect from basic and incentive gaintime, which section 944.275, Florida Statutes (1987), authorized for all

Strouse v. State

789 So. 2d 525, 2001 Fla. App. LEXIS 9813, 2001 WL 802187

District Court of Appeal of Florida | Filed: Jul 18, 2001 | Docket: 64806736

Published

imposed.... . The 85% rule, set forth by section 944.275(4)(b)3., Florida Statutes (1995), provides

Baez v. State

780 So. 2d 981, 2001 WL 246020

District Court of Appeal of Florida | Filed: Mar 14, 2001 | Docket: 2589129

Published

the major 1995 amendment to that statute, section 944.275, occurred in chapter 95-294, which Heggs did

Hatchett v. State

766 So. 2d 499, 2000 Fla. App. LEXIS 12262, 2000 WL 1360867

District Court of Appeal of Florida | Filed: Sep 22, 2000 | Docket: 64800234

Published

argues that because Chapter 95-184 amended section 944.275, Florida Statutes, it reduced the incentive

Rosales v. Moore

775 So. 2d 971, 2000 Fla. App. LEXIS 12089, 2000 WL 1353489

District Court of Appeal of Florida | Filed: Sep 21, 2000 | Docket: 64803075

Published

of the eighty-five percent rule pursuant to section 944.275(4)(b)3., Florida Statutes, to petitioner’s

Bentley v. State

769 So. 2d 430, 2000 Fla. App. LEXIS 11896, 2000 WL 1344931

District Court of Appeal of Florida | Filed: Sep 20, 2000 | Docket: 64801047

Published

was entitled to incentive gain-time under section 944.275(4)(b), Florida Statutes (1999), and that he

Randall v. State

766 So. 2d 376, 2000 Fla. App. LEXIS 9624, 2000 WL 1049873

District Court of Appeal of Florida | Filed: Aug 1, 2000 | Docket: 64800165

Published

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

Duer v. State

733 So. 2d 1084, 1999 Fla. App. LEXIS 5808, 1999 WL 280442

District Court of Appeal of Florida | Filed: May 7, 1999 | Docket: 64788468

Published

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

Carpenter v. State

740 So. 2d 556, 1999 Fla. App. LEXIS 3395, 1999 WL 152538

District Court of Appeal of Florida | Filed: Mar 23, 1999 | Docket: 64790659

Published

credits in state prison as authorized under section 944.275-.278, Florida Statutes (1993). We affirm on

Nieves v. State

779 So. 2d 294, 1999 Fla. App. LEXIS 2240, 1999 WL 104437

District Court of Appeal of Florida | Filed: Feb 24, 1999 | Docket: 64804089

Published

and the sentencing document reflects this, section 944.275(4)(b)3, Florida Statutes (1997), prevents this

Vasquez v. State

714 So. 2d 597, 1998 Fla. App. LEXIS 8160, 1998 WL 380534

District Court of Appeal of Florida | Filed: Jul 10, 1998 | Docket: 64781862

Published

PATTERSON and ALTENBERND, JJ., concur. . See § 944.275(4)(b)(3), Fla. Stat. (1997).

Raines v. State of Fla.

987 F. Supp. 1416, 1997 U.S. Dist. LEXIS 21379, 1997 WL 776336

District Court, N.D. Florida | Filed: Nov 21, 1997 | Docket: 1379129

Published

But the statute at issue was alleged to be Fla.Stat. 944.275(b) (1991). Id., ¶ 30. The regulation at issue

Tal-Mason v. State

700 So. 2d 453, 1997 Fla. App. LEXIS 11886, 1997 WL 656283

District Court of Appeal of Florida | Filed: Oct 22, 1997 | Docket: 64776196

Published

application to sentences for a term of years. See § 944.275(3)(a), Fla. Stat. (1995) (“The department shall

Fleming v. State

697 So. 2d 1322, 1997 Fla. App. LEXIS 9667, 1997 WL 484820

District Court of Appeal of Florida | Filed: Aug 22, 1997 | Docket: 64775410

Published

argument is predicated on the existence of section 944.275(2)(e), Florida Statutes (1995), which expressly

Jenkins v. Williams

693 So. 2d 132, 1997 Fla. App. LEXIS 5131, 1997 WL 244743

District Court of Appeal of Florida | Filed: May 14, 1997 | Docket: 64773352

Published

time to which he claimed entitlement under section 944.275(4)(b), Florida Statutes, and Florida Administrative

State v. Braddy

687 So. 2d 1338, 1997 WL 39596

District Court of Appeal of Florida | Filed: Feb 4, 1997 | Docket: 1370981

Published

944.271 and providing for all gain time in section 944.275. Although the legislature failed to also amend

Dawes v. State

687 So. 2d 870, 1997 Fla. App. LEXIS 188, 1997 WL 20420

District Court of Appeal of Florida | Filed: Jan 22, 1997 | Docket: 64771060

Published

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

Leija v. State

684 So. 2d 862, 1996 Fla. App. LEXIS 12896, 1996 WL 720836

District Court of Appeal of Florida | Filed: Dec 13, 1996 | Docket: 64769691

Published

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

Ferguson v. State

677 So. 2d 968, 1996 Fla. App. LEXIS 8242, 1996 WL 441535

District Court of Appeal of Florida | Filed: Aug 7, 1996 | Docket: 64766491

Published

legislature has abolished basic gain time. See § 944.275(4)(a), (6)(a), Fla. Stat. (1993). For offenses

Brewster v. State

686 So. 2d 16, 1996 Fla. App. LEXIS 6678, 1996 WL 347064

District Court of Appeal of Florida | Filed: Jun 26, 1996 | Docket: 64770316

Published

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

Belcher v. State

685 So. 2d 1343, 1996 Fla. App. LEXIS 6158, 1996 WL 313114

District Court of Appeal of Florida | Filed: Jun 12, 1996 | Docket: 64770262

Published

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

Ago

Florida Attorney General Reports | Filed: Mar 20, 1996 | Docket: 3258450

Published

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

Ago

Florida Attorney General Reports | Filed: Jan 26, 1996 | Docket: 3255078

Published

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

Springer v. State

664 So. 2d 341, 1995 Fla. App. LEXIS 12754, 1995 WL 737216

District Court of Appeal of Florida | Filed: Dec 14, 1995 | Docket: 64760642

Published

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

Singletary v. Hamilton

661 So. 2d 816, 20 Fla. L. Weekly Supp. 541, 1995 Fla. LEXIS 1692, 1995 WL 610809

Supreme Court of Florida | Filed: Oct 19, 1995 | Docket: 64759497

Published

TO WORK AND EXTRA GAIN-TIME AVAILABLE UNDER SECTION 944.275, FLORIDA STATUTES (1979)? We have jurisdiction

Harris v. State

655 So. 2d 1179, 1995 Fla. App. LEXIS 5070, 1995 WL 276084

District Court of Appeal of Florida | Filed: May 12, 1995 | Docket: 64756666

Published

pursuant to § 947.146 or statutory gain-time under § 944.275.

Sapp v. State

652 So. 2d 1194, 1995 Fla. App. LEXIS 2975, 1995 WL 121482

District Court of Appeal of Florida | Filed: Mar 23, 1995 | Docket: 64755310

Published

actually served and gain time granted pursuant to section 944.275, but does not include provisional credits or

Williams v. State

651 So. 2d 825, 1995 Fla. App. LEXIS 2554, 1995 WL 106951

District Court of Appeal of Florida | Filed: Mar 15, 1995 | Docket: 64754895

Published

PER CURIAM. Affirmed. See § 944.275(6), Fla.Stat. (1993).

Webb v. State

642 So. 2d 782, 1994 Fla. App. LEXIS 8699, 1994 WL 483495

District Court of Appeal of Florida | Filed: Sep 8, 1994 | Docket: 64750876

Published

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

Allen v. State

642 So. 2d 607, 1994 Fla. App. LEXIS 8662, 1994 WL 479043

District Court of Appeal of Florida | Filed: Sep 7, 1994 | Docket: 64750826

Published

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

Jackson v. State

641 So. 2d 167, 1994 Fla. App. LEXIS 7642, 1994 WL 397622

District Court of Appeal of Florida | Filed: Aug 3, 1994 | Docket: 64750307

Published

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

Glenn v. State

639 So. 2d 1036, 1994 Fla. App. LEXIS 6630, 1994 WL 321707

District Court of Appeal of Florida | Filed: Jul 8, 1994 | Docket: 64749697

Published

actually served and gain time granted pursuant to section 944.275, Florida Statutes (1991). However, by virtue

Slater v. State

639 So. 2d 80, 1994 Fla. App. LEXIS 5010, 1994 WL 226835

District Court of Appeal of Florida | Filed: May 27, 1994 | Docket: 64749513

Published

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

Hamilton v. Singletary

646 So. 2d 734, 1994 Fla. App. LEXIS 3369, 1994 WL 122837

District Court of Appeal of Florida | Filed: Apr 13, 1994 | Docket: 64752741

Published

receive 37 days of basic gain-time per month. See § 944.275(2)(b), (3)(a), Fla.Stat. (1979). Rather, the statute

Brown v. State

632 So. 2d 699, 1994 Fla. App. LEXIS 1655, 1994 WL 59356

District Court of Appeal of Florida | Filed: Mar 2, 1994 | Docket: 64746584

Published

served in prison and gain time earned under section 944.275, Florida Statutes (1987).1 State v. Green,

Walters v. State

630 So. 2d 1234, 1994 Fla. App. LEXIS 324, 1994 WL 22562

District Court of Appeal of Florida | Filed: Jan 28, 1994 | Docket: 64746028

Published

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

Thomas v. State

627 So. 2d 1295, 1993 Fla. App. LEXIS 12141, 1993 WL 504428

District Court of Appeal of Florida | Filed: Dec 10, 1993 | Docket: 64744670

Published

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

Dotson v. State

621 So. 2d 583, 1993 Fla. App. LEXIS 7933, 1993 WL 284526

District Court of Appeal of Florida | Filed: Jul 30, 1993 | Docket: 64697710

Published

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

Gordon v. State

622 So. 2d 1024, 1993 Fla. App. LEXIS 7082, 1993 WL 242656

District Court of Appeal of Florida | Filed: Jul 2, 1993 | Docket: 64698231

Published

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

Russell v. State

605 So. 2d 1342, 1992 Fla. App. LEXIS 11052, 1992 WL 281857

District Court of Appeal of Florida | Filed: Oct 21, 1992 | Docket: 64670516

Published

LEHAN, C.J., and PATTERSON, J., concur. . Section 944.275, Florida Statutes (1989) provides for the award

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

later imposed habitual offender sentence. See § 944.275(3)(b), Fla.Stat. (1991). The plea and sentence

Milton v. Dugger

597 So. 2d 403, 1992 Fla. App. LEXIS 4490, 1992 WL 76744

District Court of Appeal of Florida | Filed: Apr 20, 1992 | Docket: 64666772

Published

represents that pursuant to agency policy and Section 944.275(3)(a), Florida Statutes (1989), it establishes

Taylor v. State

592 So. 2d 1147, 1992 Fla. App. LEXIS 33, 1992 WL 849

District Court of Appeal of Florida | Filed: Jan 6, 1992 | Docket: 64664833

Published

incentive gain-time under the provisions of section 944.275(4)(b), Florida Statutes. The order denying

Corley v. State

586 So. 2d 432, 1991 Fla. App. LEXIS 9075, 1991 WL 180692

District Court of Appeal of Florida | Filed: Sep 12, 1991 | Docket: 64661768

Published

incentive gain-time each month as provided for in section 944.275. Because the written sentence could logically

Fulse v. State

573 So. 2d 139, 1991 Fla. App. LEXIS 131, 1991 WL 1092

District Court of Appeal of Florida | Filed: Jan 10, 1991 | Docket: 64655878

Published

affect how the defendant's gain time is computed. § 944.275(4)(a)1, Fla.Stat. (1989). See also, Bowling v

Kelly v. State

552 So. 2d 1140, 14 Fla. L. Weekly 2465, 1989 Fla. App. LEXIS 5861

District Court of Appeal of Florida | Filed: Oct 19, 1989 | Docket: 64646591

Published

credit for 875 days of basic gain time under section 944.275(1), Florida Statutes, and administrative gain

Cummings v. State

545 So. 2d 448, 14 Fla. L. Weekly 1495, 1989 Fla. App. LEXIS 3531, 1989 WL 65871

District Court of Appeal of Florida | Filed: Jun 20, 1989 | Docket: 64643298

Published

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

Bernadini v. State

540 So. 2d 132, 14 Fla. L. Weekly 529, 1989 Fla. App. LEXIS 903, 1989 WL 13616

District Court of Appeal of Florida | Filed: Feb 23, 1989 | Docket: 64641128

Published

concur. . Incentive gain time provided for by § 944.275 does not exclude trafficking offenses under §

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

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

Sherman v. State

500 So. 2d 720, 12 Fla. L. Weekly 218, 1987 Fla. App. LEXIS 6300

District Court of Appeal of Florida | Filed: Jan 7, 1987 | Docket: 64624279

Published

section 939.05, Florida Statutes (1983), and section 944.275, Florida Statutes (1983), without setting out

Department of Corrections v. Powell

504 So. 2d 1250, 11 Fla. L. Weekly 2095, 1986 Fla. App. LEXIS 9965

District Court of Appeal of Florida | Filed: Oct 2, 1986 | Docket: 64626201

Published

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

Stokes v. State

485 So. 2d 875, 11 Fla. L. Weekly 725, 1986 Fla. App. LEXIS 7063

District Court of Appeal of Florida | Filed: Mar 26, 1986 | Docket: 64618290

Published

time. It is illogical and inconsistent with section 944.275, Florida Statutes (1983) to assume that a life

Rease v. State

478 So. 2d 1150, 10 Fla. L. Weekly 2621, 1985 Fla. App. LEXIS 16999

District Court of Appeal of Florida | Filed: Nov 22, 1985 | Docket: 64615732

Published

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

Dickinson v. Wainwright

416 So. 2d 40, 1982 Fla. App. LEXIS 20417

District Court of Appeal of Florida | Filed: Jul 2, 1982 | Docket: 64590928

Published

to which he feels that he is entitled under § 944.-275(2)(b), Fla.Stat. (1981). Appellant’s job as a

Rogers v. Wainwright

379 So. 2d 437, 1980 Fla. App. LEXIS 15765

District Court of Appeal of Florida | Filed: Feb 4, 1980 | Docket: 64574113

Published

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