Florida Statute 944.28 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 944
STATE CORRECTIONAL SYSTEM

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F.S. 944.28

944.28 Forfeiture of gain-time and the right to earn gain-time in the future.—

(1) If a prisoner is convicted of escape, or if the clemency, conditional release as described in chapter 947, probation or community control as described in chapter 948, provisional release as described in ¹s. 944.277, parole, or control release as described in s. 947.146 granted to the prisoner is revoked, the department may, without notice or hearing, declare a forfeiture of all gain-time earned according to the provisions of law by such prisoner prior to such escape or his or her release under such clemency, conditional release, probation, community control, provisional release, control release, or parole.

(2)(a) All or any part of the gain-time earned by a prisoner according to the provisions of law is subject to forfeiture if such prisoner unsuccessfully attempts to escape; assaults another person; threatens or knowingly endangers the life or person of another person; refuses by action or word to carry out any instruction duly given to him or her; neglects to perform in a faithful, diligent, industrious, orderly, and peaceful manner the work, duties, and tasks assigned to him or her; is found by a court to have brought a frivolous suit, action, claim, proceeding, or appeal in any court; is found by a court to have knowingly or with reckless disregard for the truth brought false information or evidence before the court; or violates any law of the state or any rule or regulation of the department or institution.

(b) A prisoner’s right to earn gain-time during all or any part of the remainder of the sentence or sentences under which he or she is imprisoned may be declared forfeited because of the seriousness of a single instance of misconduct or because of the seriousness of an accumulation of instances of misconduct.

(c) The method of declaring a forfeiture under paragraph (a) or paragraph (b) shall be as follows: A written charge shall be prepared, which shall specify each instance of misconduct upon which it is based and the approximate date thereof. A copy of such charge shall be delivered to the prisoner, and he or she shall be given notice of a hearing before the disciplinary committee created under the authorization of rules heretofore or hereafter adopted by the department for the institution in which he or she is confined. The prisoner shall be present at the hearing. If at such hearing the prisoner pleads guilty to the charge or if the committee determines that the prisoner is guilty thereof upon the basis of proof presented at such hearing, it shall find him or her guilty. If the committee considers that all or part of the prisoner’s gain-time and the prisoner’s right to earn gain-time during all or any part of the sentence or sentences under which he or she is imprisoned shall be forfeited, it shall so recommend in its written report. Such report shall be presented to the warden of the institution, who may approve such recommendation in whole or in part by endorsing such approval on the report. In the event of approval, the warden shall forward the report to the department. Thereupon, the department may, in its discretion, declare the forfeiture thus approved by the warden or any specified part thereof.

(3) Upon the recommendation of the warden, the department may, in its discretion, restore all or any part of any gain-time forfeited under this section.

History.—s. 26, ch. 57-121; s. 18, ch. 61-530; s. 2, ch. 63-243; s. 1, ch. 65-197; ss. 19, 35, ch. 69-106; s. 20, ch. 74-112; s. 48, ch. 77-120; s. 58, ch. 79-3; s. 1, ch. 82-39; s. 9, ch. 88-122; s. 6, ch. 89-526; s. 6, ch. 89-531; s. 2, ch. 91-280; s. 6, ch. 96-106; ss. 1854, 1855, ch. 97-102; s. 14, ch. 2000-161; s. 39, ch. 2010-117.

¹Note.—Repealed by s. 32, ch. 93-406.

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Amendments to 944.28

Arrestable Offenses / Crimes under Fla. Stat. 944.28

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 944.28.

Annotations, Discussions, Cases:

Cases Citing Statute 944.28

Total Results: 20

Murphy v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-07-03

Snippet: may be considered appropriate. See §§ 944.279, 944.28, Fla. Stat.

Usry v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-05-29

Snippet: may be considered appropriate. See §§ 944.279, 944.28, Fla. Stat. SO ORDERED. B.L. THOMAS, RAY

Hamilton v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-05-08

Snippet: may be considered appropriate. See §§ 944.279, 944.28, Fla. Stat. SO ORDERED. B.L. THOMAS, RAY

Anthony Adams v. The State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-01-17

Snippet: subject to forfeiture by the DOC pursuant to section 944.28(1), Florida Statutes . . . Further, the Legislature

ANTHONY ADAMS v. THE STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-09-06

Snippet: subject to forfeiture by the DOC pursuant to section 944.28(1), Florida Statutes (1995).”); Waldrup v. Dugger

EDWARD WEBB v. THE STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2022-08-31

Snippet: MILLER, JJ. PER CURIAM. Affirmed. See § 944.28(1), Fla. Stat. (2022); § 947.141(6), Fla. Stat

Doyle Heard v. Department of Corrections and the Florida Commission on Offender Review

Court: District Court of Appeal of Florida | Date Filed: 2018-12-14

Citation: 264 So. 3d 214

Snippet: and escape conviction.” Id. at 169. Section 944.28(1), Florida Statutes, which provides for the forfeiture

In RE: AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE-2018 REGULAR-CYCLE REPORT.

Court: Supreme Court of Florida | Date Filed: 2018-10-04

Citation: 265 So. 3d 494

Snippet: by the Department of Corrections under section 944.28(1), Florida Statutes.) ___ It is further ordered

In Re: Amendments to the Florida Rules of Criminal Procedure - 2018 Regular-Cycle Report

Court: Supreme Court of Florida | Date Filed: 2018-07-19

Snippet: Department of Corrections under section 944.28(1), Florida Statutes.) It is further ordered

Ronald Willard v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2018-04-20

Snippet: Spencer, 751 So. 2d 47 (Fla. 1999); §§ 944.279, 944.28(2)(a), Fla. Stat.; Fla. R. App. P. 9.410. Thus

Willard v. State

Court: District Court of Appeal of Florida | Date Filed: 2018-02-09

Citation: 240 So. 3d 801

Snippet: Spencer , 751 So. 2d 47 (Fla. 1999) ; §§ 944.279, 944.28(2)(a), Fla. Stat.; Fla. R. App. P. 9.410. Thus

Clyde E. Johnson v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2017-04-20

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

Snippet: the type of offense committed. See §§ 944.275, 944.28, 944.281 Fla. Stat. The Florida Department of Corrections

Williams v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-06-15

Citation: 201 So. 3d 668, 2016 Fla. App. LEXIS 9248

Snippet: Mr. Williams pursuant to sections 944.279(1) and 944.28(2)(a), Florida Statutes (2007). Affirmed.

In Re: Amendments to the Florida Rules of Criminal Procedure – Corrected Opinion

Court: Supreme Court of Florida | Date Filed: 2016-02-18

Snippet: Department of Corrections under section 944.28(1), Florida Statutes.)

In Re: Amendments to the Florida Rules of Criminal Procedure - Corrected Opinion

Court: Supreme Court of Florida | Date Filed: 2016-01-21

Snippet: Department of Corrections under section 944.28(1), Florida Statutes.)

In Re AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE

Court: Supreme Court of Florida | Date Filed: 2015-10-29

Citation: 188 So. 3d 764, 40 Fla. L. Weekly Supp. 594, 2015 Fla. LEXIS 2949, 2015 WL 10490032

Snippet: by the Department of Corrections under section 944.28('ll, Florida Statutes.) *787 _ It

Purrier v. Department of Corrections

Court: District Court of Appeal of Florida | Date Filed: 2015-05-28

Citation: 164 So. 3d 783, 2015 Fla. App. LEXIS 8180, 2015 WL 3408090

Snippet: by the Department of Corrections pursuant to s. 944.28(2) must be commenced within 30 days after final

Ponton v. State

Court: District Court of Appeal of Florida | Date Filed: 2014-12-31

Citation: 155 So. 3d 425, 2014 Fla. App. LEXIS 20947, 2014 WL 7444844

Snippet: procedures, which may include forfeiture of gain-time. § 944.28(2)(a), Fla. Stat. (2014). Petition for writ

Romance Lee Franklin v. State

Court: District Court of Appeal of Florida | Date Filed: 2014-10-15

Citation: 162 So. 3d 111, 2014 Fla. App. LEXIS 16807

Snippet: including forfeiture of gain-time. §§ 944.279(1), 944.28(2)(a), Fla. Stat. (2014). STEVENSON, GROSS

Montesinos v. State

Court: District Court of Appeal of Florida | Date Filed: 2014-07-23

Citation: 143 So. 3d 1055, 2014 WL 3620727, 2014 Fla. App. LEXIS 11200

Snippet: Montesinos, pursuant to sections 944.279(1) and 944.28(2)(a), Florida Statutes (2013), in the event Montesinos