Florida Statutes
Fla. Stat. § 944.278 (2025)
Cancellation of administrative gain-time and provisional credits.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 33
cases, 1994–2004 · leading case: State v. Lancaster, 731 So. 2d 1227 (Fla. 1998).
Stanley Lewis Gaskins v. James Crosby, 371 F.3d 820 (11th Cir. 2004). “146 , and the Provisional Credits statute was subsequently repealed, Fla. Stat. § 944.278 (though other gain-time statutes were left in place).”
Winkler v. Moore, 831 So. 2d 63 (Fla. 2002). “In Langley , we discussed the reasons for the across-the-board cancellations taken pursuant to section 944.278 and found those reasons to be adequate.”
Jones v. State, Dep't of Corr., 832 So. 2d 897 (Fla. 3d DCA 2002). “As Gomez squarely holds, however, he was not entitled, as he argues, to additional credits which had not yet been awarded when section 944.278, Florida Statutes (1993), which purported to cancel all such credits, was enacted.”
Black v. Moore, 768 So. 2d 1236 (Fla. 1st DCA 2000). “Petitioner Phillip Black claims that the Department of Corrections (Department) violated the Ex Post Facto Clause of the United States Constitution when, pursuant to section 944.278, Florida Statutes (1999) [1] , it canceled petitioner's retroactive award of administrative gain…”
Moore v. Moore, 764 So. 2d 676 (Fla. 1st DCA 2000). “The petitioner, Gary Emil Moore, filed a petition for writ of certiorari challenging *677 the trial court's 1999 order upholding the application of section 944.278, Florida Statutes (1997), to cancel 700 days of his provisional credits.”
Donovan v. Moore, 755 So. 2d 613 (Fla. 2000). “See § 944.278, Fla. Stat. (1997); ch. 93^06, § 35, at 2967, Laws of Fla.”
Diehl v. Moore, 767 So. 2d 615 (Fla. 1st DCA 2000). “1992), Florida Attorney General Opinion 92-96 (1992), and section 944.278, Florida Statutes (1993).”
Lynce v. Florida Dep't of Corr., 772 So. 2d 571 (Fla. 1st DCA 2000). “They alleged that DOC canceled certain of their provisional credits and/or administrative gaintime pursuant to Attorney General Opinion 92-96 (1992), and/or section 944.278, Florida Statutes (1993), and that the United States Supreme Court held in Lynce v.”
Grant v. Singletary, 730 So. 2d 805 (Fla. 2d DCA 1999). “Between July 1988 and January 1991, Grant received 510 days of administrative gain time and 1,370 days of provisional credits.”
Thomas v. Moore, 748 So. 2d 1010 (Fla. 1999). “” See § 944.278, Fla. Stat. (1993). On March 11, 1997, after the United States Supreme Court’s gain time decision in Lynce v.”
State v. Lancaster, 731 So. 2d 1227 (Fla. 1998). “§ 944.278, Fla. Stat. (1993) (emphasis added).”
Meola v. Dep't of Corr., 732 So. 2d 1029 (Fla. 1998). “Meola and Jones lost their credits because the State retroactively made them ineligible for the receipt of Provisional Credits based on their offenses (murder).”
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