Florida Statute 944.278 - Full Text and Legal Analysis

The 2025 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¹Note.—Repealed by s. 6, ch. 88-122.

²Note.—Repealed by s. 32, ch. 93-406.

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Amendments to 944.278

Annotations, Discussions, Cases:

Cases Citing Statute 944.278

Total Results: 33

Meola v. Department of Corrections

732 So. 2d 1029, 1998 WL 904304

Supreme Court of Florida | Filed: Dec 24, 1998 | Docket: 1513387

Cited 17 times | Published

Administrative Gain Time and Provisional Credits. See § 944.278, Fla. Stat. (1993)[4]. The Department of Corrections

Gomez v. Singletary

733 So. 2d 499, 1998 WL 892663

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

Cited 16 times | Published

repealed the Provisional Credits statute.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

Griffin v. Singletary

638 So. 2d 500, 1994 WL 192468

Supreme Court of Florida | Filed: May 19, 1994 | Docket: 2523483

Cited 15 times | Published

Griffin's administrative gain time pursuant to section 944.278, Florida Statutes (1993) (effective June 17

Jeffrey Lynn Hock v. Harry K. Singletary

41 F.3d 1470, 1995 U.S. App. LEXIS 191, 1995 WL 513

Court of Appeals for the Eleventh Circuit | Filed: Jan 9, 1995 | Docket: 458058

Cited 12 times | Published

Laws ch. 93-406, § 35 (codified at Fla.Stat. § 944.278 (1993)). The cancellation of provisional credits

Davis v. Singletary

659 So. 2d 1126, 1995 WL 511609

District Court of Appeal of Florida | Filed: Jul 26, 1995 | Docket: 1463305

Cited 10 times | Published

as a result of the DOC's interpretation of section 944.278, Florida Statutes (1993), Davis was not awarded

State v. Lancaster

731 So. 2d 1227, 1998 WL 892627

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

Cited 8 times | Published

time forfeiture. Id. The third statute was section 944.278, Florida Statutes (1993), which was part of

Calamia v. Singletary

686 So. 2d 1337, 1996 WL 726877

Supreme Court of Florida | Filed: Dec 19, 1996 | Docket: 1676044

Cited 5 times | Published

and provisional credits by the adoption of section 944.278, Florida Statutes (1993), did not violate the

Langley v. Singletary

645 So. 2d 961, 1994 WL 456626

Supreme Court of Florida | Filed: Aug 25, 1994 | Docket: 1223016

Cited 5 times | Published

However, Langley overlooks the fact that section 944.278, Florida Statutes (1993), voided all provisional

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

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

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

this second sentence, the Legislature enacted section 944.278. This statute retroactively cancelled all awards

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

statute was subsequently repealed, Fla. Stat. § 944.278 (though other gain-time statutes were left in

Winkler v. Moore

831 So. 2d 63, 2002 WL 717819

Supreme Court of Florida | Filed: Apr 25, 2002 | Docket: 1722826

Cited 2 times | Published

across-the-board cancellations taken pursuant to section 944.278 and found those reasons to be adequate. We

Moore v. Moore

764 So. 2d 676, 2000 WL 702389

District Court of Appeal of Florida | Filed: Jun 1, 2000 | Docket: 4975

Cited 2 times | Published

court's 1999 order upholding the application of section 944.278, Florida Statutes (1997), to cancel 700 days

State v. Lancaster

687 So. 2d 1299, 1997 WL 33662

Supreme Court of Florida | Filed: Jan 30, 1997 | Docket: 1718680

Cited 2 times | Published

completed his sentence prior to the enactment of section 944.278, Florida Statutes (1993), has a vested right

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

this second sentence, the Legislature enacted section 944.278. This statute retroactively cancelled all awards

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

cancellation of Galston's provisional credit by section 944.278, Florida Statutes (1995) and forfeiture of

Lancaster v. State

656 So. 2d 533, 1995 WL 334351

District Court of Appeal of Florida | Filed: Jun 7, 1995 | Docket: 1404263

Cited 2 times | Published

completed his sentence prior to the enactment of section 944.278, Florida Statutes (1993), has a vested right

Herring v. Singletary

879 F. Supp. 1180, 1995 U.S. Dist. LEXIS 2926, 1995 WL 103524

District Court, N.D. Florida | Filed: Mar 10, 1995 | Docket: 2117819

Cited 2 times | Published

sentence or combined sentence in DOC custody. § 944.278 (1993). Presumably Petitioner's cancelled credits

Waite v. Singletary

632 So. 2d 192, 1994 WL 45265

District Court of Appeal of Florida | Filed: Feb 15, 1994 | Docket: 462522

Cited 2 times | Published

The statutory scheme was changed in 1993. See § 944.278, Fla. Stat. (1993); ch. 93-406, §§ 32, 35, Laws

Black v. Moore

768 So. 2d 1236, 2000 WL 1514461

District Court of Appeal of Florida | Filed: Oct 6, 2000 | Docket: 526599

Cited 1 times | Published

United States Constitution when, pursuant to section 944.278, Florida Statutes (1999)[1], it canceled petitioner's

Diehl v. Moore

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

District Court of Appeal of Florida | Filed: Sep 15, 2000 | Docket: 64800505

Cited 1 times | Published

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

Jones v. State, Department of Corrections

832 So. 2d 897, 2002 Fla. App. LEXIS 18578, 2002 WL 31828322

District Court of Appeal of Florida | Filed: Dec 18, 2002 | Docket: 64819514

Published

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

Lynce v. Florida Department of Corrections

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

District Court of Appeal of Florida | Filed: Nov 16, 2000 | Docket: 64802054

Published

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

Donovan v. Moore

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

Supreme Court of Florida | Filed: Feb 3, 2000 | Docket: 64796718

Published

sections 944.28(1) or 948.06(7), it may utilize section 944.278, Florida Statutes (1997), to do so under the

Thomas v. Moore

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

Supreme Court of Florida | Filed: Oct 28, 1999 | Docket: 64794011

Published

pursuant to the “Safe Streets Initiative.” See § 944.278, Fla. Stat. (1993). On March 11, 1997, after the

Bergelson v. Singletary

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

District Court of Appeal of Florida | Filed: Nov 19, 1998 | Docket: 64784802

Published

500 days of provisional credits pursuant to section 944.278, Florida Statutes (1993), constituted a violation

Roydhouse v. State

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

District Court of Appeal of Florida | Filed: Dec 12, 1997 | Docket: 64777050

Published

provisional credits cancelled pursuant to section 944.278 (and the 1992 amendments to section 944.277)

Jackson v. Singletary

695 So. 2d 494, 1997 Fla. App. LEXIS 6253, 22 Fla. L. Weekly Fed. D 1436

District Court of Appeal of Florida | Filed: Jun 11, 1997 | Docket: 64774231

Published

deprived of those benefits by the enactment of section 944.278, Florida Statutes (1993). Lynce v. Mathis,

Cridland v. Singletary

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

District Court of Appeal of Florida | Filed: May 2, 1997 | Docket: 64774297

Published

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

State ex rel. Florida Department of Corrections v. Stevenson

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

District Court of Appeal of Florida | Filed: Aug 30, 1996 | Docket: 64774266

Published

sentence. But in 1993, the legislature enacted section 944.278 Florida Statutes: All awards of administrative

Clark v. State

656 So. 2d 252, 1995 Fla. App. LEXIS 6385, 1995 WL 353429

District Court of Appeal of Florida | Filed: Jun 14, 1995 | Docket: 64757149

Published

these credits were statutorily cancelled by section 944.278, Florida Statutes (1993), they have not been

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

previously served in the DOC. Pursuant to Section 944.278, Florida Statutes (1993), DOC canceled the

Siers v. Florida State Senate

644 So. 2d 116, 1994 Fla. App. LEXIS 9661, 1994 WL 549506

District Court of Appeal of Florida | Filed: Oct 11, 1994 | Docket: 64751585

Published

in passing Senate Bill No., 26B (1993) (now section 944.278, Florida Statutes (1993)) was a violation of