Florida Statute 944.278 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 944
STATE CORRECTIONAL SYSTEM

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F.S. 944.278

944.278 Cancellation of administrative gain-time and provisional credits.—All awards of administrative gain-time under ¹s. 944.276 and provisional credits under ²s. 944.277 are hereby canceled for all inmates serving a sentence or combined sentences in the custody of the department, or serving a state sentence in the custody of another jurisdiction. Release dates of all inmates with 1 or more days of such awards shall be extended by the length of time equal to the number of days of administrative gain-time and provisional credits which were canceled. Inmates who are out of custody due to an escape or a release on bond, or whose postrelease supervision is revoked on or after the effective date of this act, shall have all administrative gain-time and provisional credits canceled when the inmate’s release date is reestablished upon return to custody. Offenders who are under provisional release supervision as of the effective date of this section shall be subject to the terms and conditions established at the time of release until such offenders have been discharged from supervision. Offenders who have warrants outstanding based on violation of supervision as of the effective date of this section, or who violate terms of supervision subsequent to enactment of this section, shall be terminated from supervision and returned to custody. All provisional credits shall be canceled when an offender’s tentative release date is reestablished.

History.—s. 35, ch. 93-406.

¹Note.—Repealed by s. 6, ch. 88-122.

²Note.—Repealed by s. 32, ch. 93-406.

F.S. 944.278 on Google Scholar

F.S. 944.278 on Casetext

Amendments to 944.278

Arrestable Offenses / Crimes under Fla. Stat. 944.278

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 944.278.

Annotations, Discussions, Cases:

Cases Citing Statute 944.278

Total Results: 20

Jones v. State, Department of Corrections

Court: Fla. Dist. Ct. App. | Date Filed: 2002-12-18T00:00:00-08:00

Citation: 832 So. 2d 897, 2002 Fla. App. LEXIS 18578

Snippet: credits which had not yet been awarded when section 944.278, Florida Statutes (1993), which purported to cancel

Winkler v. Moore

Court: Fla. | Date Filed: 2002-04-25T00:53:00-07:00

Citation: 831 So. 2d 63

Snippet: -board cancellations taken pursuant to section 944.278 and found those reasons to be adequate. We stated

Lynce v. Florida Department of Corrections

Court: Fla. Dist. Ct. App. | Date Filed: 2000-11-16T00:00:00-08:00

Citation: 772 So. 2d 571, 2000 Fla. App. LEXIS 14936, 2000 WL 1707804

Snippet: Attorney General Opinion 92-96 (1992), and/or section 944.278, Florida Statutes (1993), and that the United States

Black v. Moore

Court: Fla. Dist. Ct. App. | Date Filed: 2000-10-06T00:53:00-07:00

Citation: 768 So. 2d 1236

Snippet: States Constitution when, pursuant to section 944.278, Florida Statutes (1999)[1], it canceled petitioner….J., and DAVIS, J., CONCUR. NOTES [1] Section 944.278 provides in part that "[a]ll awards of administrative

Diehl v. Moore

Court: Fla. Dist. Ct. App. | Date Filed: 2000-09-15T00:00:00-07:00

Citation: 767 So. 2d 615, 2000 Fla. App. LEXIS 11779, 2000 WL 1298929

Snippet: Attorney General Opinion 92-96 (1992), and section 944.278, Florida Statutes (1993). Diehl claims the trial

Moore v. Moore

Court: Fla. Dist. Ct. App. | Date Filed: 2000-06-01T00:53:00-07:00

Citation: 764 So. 2d 676

Snippet: 1999 order upholding the application of section 944.278, Florida Statutes (1997), to cancel 700 days of

Donovan v. Moore

Court: Fla. | Date Filed: 2000-02-03T00:00:00-08:00

Citation: 755 So. 2d 613, 25 Fla. L. Weekly Supp. 327, 2000 Fla. LEXIS 795, 2000 WL 123999

Snippet: 944.28(1) or 948.06(7), it may utilize section 944.278, Florida Statutes (1997), to do so under the reasoning…cancellation of Donovan’s credits under section 944.278, Florida Statutes (1997), enacted as part of the…through use of a statute enacted in 1993. See § 944.278, Fla. Stat. (1997); ch. 93^06, § 35, at 2967, Laws…analysis of Lynce, the State cannot apply section 944.278 (the Safe Streets Initiative) to Lancaster to cancel…Fla. 3d DCA 1997)(applying first part of section 944.278, canceling awards for all inmates, to petitioner

Thomas v. Moore

Court: Fla. | Date Filed: 1999-10-28T00:00:00-07:00

Citation: 748 So. 2d 1010, 24 Fla. L. Weekly Supp. 511, 1999 Fla. LEXIS 1856, 1999 WL 977055

Snippet: pursuant to the “Safe Streets Initiative.” See § 944.278, Fla. Stat. (1993). On March 11, 1997, after the…Time or Provisional Credits pursuant to section 944.278, Florida Statutes (1993), or sections 944.28(1)

Grant v. Singletary

Court: Fla. Dist. Ct. App. | Date Filed: 1999-04-07T00:53:00-07:00

Citation: 730 So. 2d 805

Snippet: Department) canceled these credits pursuant to section 944.278, Florida Statutes (1993). It is a violation of

Gomez v. Singletary

Court: Fla. | Date Filed: 1998-12-23T23:53:00-08:00

Citation: 733 So. 2d 499

Snippet: repealed the Provisional Credits statute. See § 944.278, Fla. Stat. (1993)(note 2); ch. 93-406, §§ 32,

State v. Lancaster

Court: Fla. | Date Filed: 1998-12-23T23:53:00-08:00

Citation: 731 So. 2d 1227

Snippet: forfeiture. Id. The third statute was section 944.278, Florida Statutes (1993), which was part of the…prison in 1994, the State did not apply section 944.278 (the Safe Streets Initiative) to Lancaster to cancel…no overcrowding credits to cancel under section 944.278. The State alleges, however, that overcrowding …canceled or may now be canceled pursuant to section 944.278, Florida Statutes (1993)(the Safe Streets Initiative…and until they were returned to custody. Section 944.278 provides, in pertinent part: All awards of administrative

Meola v. Department of Corrections

Court: Fla. | Date Filed: 1998-12-23T23:53:00-08:00

Citation: 732 So. 2d 1029

Snippet: Administrative Gain Time and Provisional Credits. See § 944.278, Fla. Stat. (1993)[4]. The Department of Corrections…-board cancellations taken pursuant to section 944.278 and found those reasons to be adequate. We stated… was raised to 98% on September 1, 1990. See § 944.278 (Supp.1990); ch. 89-526, §§ 5, 52, Laws of Fla.

Bergelson v. Singletary

Court: Fla. Dist. Ct. App. | Date Filed: 1998-11-19T00:00:00-08:00

Citation: 721 So. 2d 1194, 1998 Fla. App. LEXIS 14708, 1998 WL 798731

Snippet: section 944.278. Petitioner argues that the Department’s retroactive application of section 944.278 to cancel…days of provisional credits pursuant to section 944.278, Florida Statutes (1993), constituted a violation…petitioner’s provisional credits pursuant to section 944.278, Florida Statutes (1993). Petitioner then sought…Department, claiming that the application of section 944.278 to the credits he had already received constituted… again claimed that the application of section 944.278 to the credits he had already received constituted

Roydhouse v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1997-12-12T00:00:00-08:00

Citation: 701 So. 2d 1273, 1997 Fla. App. LEXIS 13969, 1997 WL 762045

Snippet: provisional credits cancelled pursuant to section 944.278 (and the 1992 amendments to section 944.277). Roydhouse

Jackson v. Singletary

Court: Fla. Dist. Ct. App. | Date Filed: 1997-06-11T00:00:00-07:00

Citation: 695 So. 2d 494, 1997 Fla. App. LEXIS 6253

Snippet: of those benefits by the enactment of section 944.278, Florida Statutes (1993). Lynce v. Mathis, — U.

Cridland v. Singletary

Court: Fla. Dist. Ct. App. | Date Filed: 1997-05-02T00:00:00-07:00

Citation: 695 So. 2d 794, 1997 Fla. App. LEXIS 4871

Snippet: 944.277(l)(i), Fla. Stat. (Supp.1992), and section 944.278, Fla. Stat. (1995). The appellant claims that this

State v. Lancaster

Court: Fla. | Date Filed: 1997-01-29T23:53:00-08:00

Citation: 687 So. 2d 1299

Snippet: his sentence prior to the enactment of section 944.278, Florida Statutes (1993), has a vested right to…sentences prior to the 1993 enactment of section 944.278 have a vested right in previously awarded administrative

Orosz v. Singletary

Court: Fla. | Date Filed: 1997-01-22T23:53:00-08:00

Citation: 693 So. 2d 538

Snippet: second sentence, the Legislature enacted section 944.278. This statute retroactively cancelled all awards…sentences in the custody of the department." § 944.278, Fla.Stat. (1993) (emphasis added). Pursuant to

Calamia v. Singletary

Court: Fla. | Date Filed: 1996-12-18T23:53:00-08:00

Citation: 686 So. 2d 1337

Snippet: sections 944.277, Florida Statutes (Supp.1992), and 944.278, Florida Statutes (1993), which deprived them of…provisional credits by the adoption of section 944.278, Florida Statutes (1993), did not violate the Ex…944.277, Florida Statutes (Supp.1992), and section 944.278, Florida Statutes (1993), constitutes a violation…through interpretation by the DOC and section 944.278through its plain languagenot only changed the…provisions of sections 944.277 (Supp.1992) and 944.278 can only be applied prospectively, to those offenders

State ex rel. Florida Department of Corrections v. Stevenson

Court: Fla. Dist. Ct. App. | Date Filed: 1996-08-30T00:00:00-07:00

Citation: 695 So. 2d 727, 1996 Fla. App. LEXIS 9113, 1996 WL 491719

Snippet: . But in 1993, the legislature enacted section 944.278 Florida Statutes: All awards of administrative … a year prior to the effective date of section 944.278. To alter his ongoing sentence by virtue of a subsequently…was serving held that the new statute (section 944.278) was constitutional. See Griffin v. Singletary,