The 2023 Florida Statutes (including Special Session C)
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. . . We write only to explain why the application of the BGT rule in the 1983 version of section 944.275, . . . lump sum of 6,000 days of BGT for this sentence based on the formula in the 1983 version of section 944.275 . . . See § 944.275(1), Fla. Stat. (1979). . . . In 1983, section 944.275 was amended to provide for the lump sum award of BGT at a rate of 10 days for . . . See § 944.275(4)(a), Fla. Stat. (1983) ; see also Fla. Admin. . . .
. . . precluded him from being eligible for gain-time to which he may otherwise be entitled to under section 944.275 . . . also specifically provide that a defendant "is not eligible for statutory gain-time under [ section] 944.275 . . . trial court is without authority to prevent gain time [as] the award of gain time, pursuant to section 944.275 . . .
. . . This is still true even though section 944.275(4)(f), Florida Statutes (2014), which mandates prisoners . . .
. . . See § 944.275(4)(f), Fla. Stat. (2015). . . .
. . . See §§ 944.275, 944.28, 944.281 Fla. Stat. . . . Under section 944.275, Florida Statutes, Johnson was ineligible for any gain time while he was serving . . . life sentences. § 944.275(4)(b)3., Fla. . . . See § 944.275(4)(a)-(b), Fla. Stat. . . .
. . . The version of section 944.275, Florida Statutes, in effect at the time of petitioner’s offenses called . . . See § 944.275(3)(a), Fla. Stat. (2016). . . .
. . . request for the one-time 60-day gain-time award because the statute providing for such an award, section 944.275 . . . Subparagraphs 944.275(4)(b)l-3 govern the award of monthly incentive gain-time as follows: (b) For each . . . Subparagraph 944.275(4)(d), which provides for the 60-day educational gain-time award, reads in relevant . . . However, Judge Benton further stated, “[t]his is not ... the only possible reading of section 944.275 . . . 4)(b) and does not affect the educational gain-time award provided for under a separate subsection, 944.275 . . .
. . . (designated the Stop Turning Out Prisoners Act and enacting section 944.275(4)(b)3, Florida Statutes, . . .
. . . suspended, deferred, or withheld, and the defendant is not eligible for statutory gain-time under s. 944.275 . . .
. . . would consequently serve less than 85 percent of his or her tern of imprisonment as provided in s. 944.275 . . .
. . . See §§ 944.275; 775.087(2)(b), Fla. Stat. (2009). . . .
. . . See § 944.275(4)(b)3, Fla. Stat. (1997). . . .
. . . . § 944.275(6)(a). . . . Stat. § 944.275, the FDOC is authorized to grant deductions in prisoners' sentences in the form of gain-time . . . Stat. § 944.275(1). . . . See id. § 944.275(4)(a), . . .
. . . See § 944.275, Fla. Stat. . . . incarceration under paragraph (3)(b) or paragraph (4)(b) is not eligible for statutory gain-time under s. 944.275 . . . to a mandatory minimum sentence under the statute “is not eligible for statutory gain-time under s. 944.275 . . . possessing a semi-automatic firearm: “[T]he defendant is not eligible for statutory gain-time under s. 944.275 . . .
. . . See § 944.275(4)(b)3., Fla. Stat. . . .
. . . defendant will serve a longer sentence than he would if he were eligible for gain time under section 944.275 . . .
. . . See § 944.275(4)(b)3., Fla. Stat. (2011). . . .
. . . Stat. (2008) (providing that a defendant “is not eligible for statutory gain-time under s. 944.275 or . . .
. . . Pursuant to section 944.275, Florida Statutes, a defendant must serve at least 85% of his sentence regardless . . .
. . . See § 944.275(6)(a), Fla. . . . except that the department may grant up to 25 days incentive gain-time each month as provided in s. 944.275 . . . felony offender ... is eligible for gain-time granted by the Department of Corrections as provided in s. 944.275 . . .
. . . See § 944.275(4)(b)3., Fla. Stat. (2010). . . .
. . . See § 944.275(4)(b)3 Fla. Stat. (2013); Adams v. State,-So.3d-, 2012 WL 3193932, 37 Fla. L. . . .
. . . See §§ 775.087(2)(b), 944.275(4)(b)3„ Fla. . . .
. . . Section 944.275(3)(a) provides: “The department shall also establish for each prisoner sentenced to a . . .
. . . Section 944.275(4)(a), Florida Statutes (1985), provides that “[a]s a means of encouraging satisfactory . . . department shall grant basic gain-time at the rate of 10 days for each month of each sentence imposed.” § 944.275 . . . Section 944.275(4)(b), Florida Statutes (1985), provides that “[f]or each month in which a prisoner works . . . department may grant up to 20 days of incentive gain-time, which shall be credited and applied monthly.” § 944.275 . . .
. . . Denizard from benefitting from the eighty-five percent rule in section 944.275(4)(b)(3), Florida Statutes . . .
. . . Section 944.275(4)(b)3., Florida Statutes, provides in relevant part: For sentences imposed for offenses . . .
. . . would consequently serve less than 85 percent of his or her term of imprisonment as provided in s. 944.275 . . .
. . . . § 944.275(3)(a). . . .
. . . Stat. (1989), which is in turn defined in the gain-time statute, § 944.275(3)(a), Fla. . . .
. . . See § 944.275(4)(b)(3), Fla. . . .
. . . support its contention that basic and incentive gain time should be treated differently- Under section 944.275 . . .
. . . See §§ 921.001(11), 944.275(2)(a), 947.1405, Fla. Stat. (1989). Accordingly, Mr. . . .
. . . suspended, deferred, or withheld, and the defendant is not eligible for statutory gain-time under s. 944.275 . . .
. . . See § 944.275(2)(a), Fla. Stat.; Tal-Mason v. State, 700 So.2d 453 (Fla. 4th DCA 1997). . . .
. . . Cox’s petition for writ of mandamus challenging the constitutionality of a 1993 amendment to section 944.275 . . . Section 944.275, as amended, precluded Cox from receiving basic gain time. . . .
. . . incarceration under paragraph (3)(b) or paragraph (4)(b) is not eligible for statutory gain-time under s. 944.275 . . .
. . . See § 944.275(3)(a), Fla. Stat. (1994); Gusow v. State, 6 So.3d 699 (Fla. 4th DCA 2009). . . .
. . . Stat. (2008) (providing that a defendant “is not eligible for statutory gain-time under s. 944.275 or . . .
. . . . § 944.275 (2009). . . . See Fla.Stat. § 944.275; F.A.C. 33-601.101. . . . See Fla.Stat. § 944.275; F.A.C. 33-601.101; Francis, 838 F.2d at 1149. . . .
. . . See § 944.275(3)(a), Fla. . . .
. . . . § 944.275 (as in effect when Appellant committed his offense) provided generally for two types of gain-time . . .
. . . may have had to basic or incentive gain time on the plea offer would have been pursuant to section 944.275 . . .
. . . See § 944.275(4)(b)3, Fla. . . .
. . . constitutionality of the Safe Streets Initiative of 1994 (the Act), which inter alia amended section 944.275 . . .
. . . See § 944.275(2) and (3), Fla. Stat. (2008). AFFIRMED. ORFINGER and MONACO, JJ., concur. . . . . See § 944.275(4)(b) 3., Fla. . . .
. . . filing his petition for writ of mandamus seeking 60 days of incentive gain-time pursuant to section 944.275 . . . circumstances may an inmate receive more than 60 days for educational attainment pursuant to this section. § 944.275 . . . See § 944.275(4)(b)3., Fla. Stat. (1997). . . . Under no permissible construction of section 944.275, Florida Statutes (1997), therefore, does the petition . . . This is not, however, the only possible reading of section 944.275(4)(b), which can also be read as imposing . . .
. . . . § 944.275). Douglas filed a grievance about his punishment. . . .
. . . contended that the Department violated the ex post facto clause when it applied the 1983 version of section 944.275 . . . This Court has previously held in Avera, that the use of the revised 1983 version of section 944.275 . . .
. . . to “basic” gain time during his current incarcerative term based upon his offense date, see section 944.275 . . . Under section 944.275(4)(a) & (6)(a), the basic gain-time provision applicable to Morris’ 1986 crime, . . .
. . . . § 944.275(4)(b)3, Fla. Stat. (2007). . This procedure has been upheld in David v. . . .
. . . At the time petitioner committed his offenses, section 944.275, Florida Statutes (Supp.1978), the applicable . . . However, the court found that the 1983 amendments to section 944.275 (the Correctional Reform Act of . . .
. . . Her eligibility for gain time is thus determined under section 944.275(4)(c)(2), Florida Statutes (1993 . . . Section 944.275(4), Florida Statutes (2001), set forth many different ways to calculate the time that . . . See § 944.275(4)(c)(2), Fla. Stat. (1993). . . .
. . . minimum term of imprisonment under this section is not eligible for any form of gain time under s. 944.275 . . . However, the language “any form of gain time under s. 944.275 or” was removed from the amendment in the . . . result in the prisoner’s release prior to serving a minimum of 85 percent of the sentence imposed. § 944.275 . . . that a person sentenced to a mandatory-minimum term “is not eligible for statutory gain-time under s. 944.275 . . . career criminals” are “eligible for gain-time granted by the Department of Corrections as provided in s. 944.275 . . .
. . . .” § 944.275(4)(b)(3), Fla. Stat. (1997); Young, 820 So.2d at 902-03. . . .
. . . Cox argued in the Circuit Court for Leon County that a 1993 amendment to section 944.275, Florida Statutes . . . Beyond dispute, Appellant’s challenge to the 1993 amendment to section 944.275, Florida Statutes, as . . .
. . . Additionally, section 944.275, Florida Statutes (2004), (gain time) was amended to mandate no gain time . . .
. . . Any gain time will be calculated in accordance with section 944.275, Florida Statutes (1983). . . .
. . . any way on the reported failure, in a subsequent legislative session, of an effort to amend section 944.275 . . .
. . . See generally § 944.275, Fla. Stat. (2003). . . .
. . . See § 944.275(3)(b), Fla. Stat. (1985). . . .
. . . See § 944.275(4)(b)3, Fla. . . .
. . . Pursuant to section 944.275, Florida Statutes (1991), the Department of Corrections (DOC) calculated . . . Section 944.275(2)-(3), Florida Statutes (1991), provides that the DOC must calculate for each prisoner . . . For example, this principle underlies section 944.275(c), Florida Statutes (1991), which provides that . . . Reading this in conjunction with section 944.275(2)(a), Florida Statutes (1991), which provides the DOC . . .
. . . possession ease, McNeal was eligible to receive up to 25 days of gain time per month under section 944.275 . . . the 1996 assault, McNeal was eligible to receive only ten days per month of gain time under section 944.275 . . .
. . . See § 944.275(4)(b)3, Fla. Stat. (2001); ch. 95-294, § 2, at 2717-18, Laws of Fla. . . .
. . . See § 944.275(4)(b)(3), Fla. . . .
. . . projected for release from custody by virtue of gain time granted or forfeited pursuant to section 944.275 . . .
. . . directed to the Florida Department of Corrections [“DOC”] to compel the award of gain time under section 944.275 . . .
. . . See § 944.275(4)(b)3., Fla. . . .
. . . . § 944.275(6)(a), inmates sentenced for offenses committed on or after January 1, 1994, are not eligible . . .
. . . Pursuant to section 944.275(2)(b), Florida Statutes, the Department of Corrections combined - the 48 . . .
. . . See § 944.275(2)(a), Fla. . . .
. . . Appellant argued below that section 944.275, Florida Statutes, which requires inmates to serve 85 percent . . .
. . . He further alleged that he would not have entered the plea if he had known that under section 944.275 . . .
. . . Subsequent to Young’s incarceration, the Department has applied the gain time provisions of section 944.275 . . . result in a prisoner’s release, prior to serving a minimum of 85 percent of the sentence imposed. § 944.275 . . . Therefore, section 944.275(4)(b)3 is clearly applicable to Young, and it cannot be said that the Department . . . Section 944.275(4)(b)3 became effective October 1, 1995. See ch. 95-294, § 2, Laws of Fla. . . . Specifically, Young contends that, under the gain time law that existed in 1991, i.e., § 944.275(4)(a . . .
. . . See § 944.275(4)(b)3, Fla. Stat. (2001); ch. 95-294, § 2, Laws of Fla. . . . State, 760 So.2d 924 (Fla.2000), Comer argues that the 85% minimum service provision of section 944.275 . . . similar manner, section 26 of the invalid law only amended the principal gain time statute (section 944.275 . . . It amended section 944.275 to provide that all inmates, not just career criminals, with offense dates . . .
. . . Heggs window period, he is entitled to the amount of gain time he would have received under section 944.275 . . .
. . . entitled to have his gain time calculated on the pre-1995 version of the gain time statute, section 944.275 . . . Appellant is not entitled to relief, however, because the amendments to section 944.275 contained within . . .
. . . gain-time and provisional credits differ in this respect from basic and incentive gaintime, which section 944.275 . . .
. . . 184, it follows that he is entitled to have his gain time calculated based on the version of section 944.275 . . .
. . . addition, the inmate’s release date will be extended by the number of days he was out of prison— § 944.275 . . . Basic gain time under section 944.275(4)(a), Florida Statutes (1989, 1991) is applied in a lump sum when . . . Code R. 33-603.402(3)(c); § 944.275(5), Fla. Stat. (1989, 1991); § 944.28(1), Fla. . . . basic gain time but thinks that he is entitled to additional basic gain time under §§ 947.141(4) and 944.275 . . .
. . . The 85% rule, set forth by section 944.275(4)(b)3., Florida Statutes (1995), provides, . . .
. . . credit for lime served” included jail time actually served and gain time granted pursuant to section 944.275 . . .
. . . . § 944.275(4)(b)3., Fla. Stat. (1995). . . . stated: An act relating to corrections; creating the “Stop Turning Out Prisoners Act”; amending s. 944.275 . . .
. . . relief on the grounds that Pearson’s sentence under the plea agreement was incompatible with section 944.275 . . . In Turner, the Second District Court of Appeal explained that section 944.275(4)(b)3 is the “critical . . . However, “section 944.275(4)(b)3 made such an assumption not just a mistake but a legal impossibility . . . In contrast, in Pearson the First District Court concluded that section 944.275(4) (b)3 cannot “be read . . . Evans, 676 So.2d 51, 53 (Fla. 5th DCA 1996); see also § 944.275(1), Fla. Stat. (2000). . . .
. . . of chapter 95-184 affects the-gain-time statute, the major 1995 amendment to that statute,. section 944.275 . . .
. . . See § 944.275(4)(b)3, Florida Statutes (1997). The trial court denied this claim on two grounds. . . .
. . . It is clear to us that the statutes invoked, specifically, sections 944.275 and 947.1405, are simply . . . Section 944.275 is the basic gain-time statute. . . . as the court’s judgment today affirms dismissal of the claim based on the breach of duties sections 944.275 . . .
. . . He argues that because Chapter 95-184 amended section 944.275, Florida Statutes, it reduced the incentive . . .
. . . uphold the Department of Corrections’ application of the eighty-five percent rule pursuant to section 944.275 . . .
. . . Florida, 983 F.Supp. 1362 (N.D.Fla.1997), that he was entitled to incentive gain-time under section 944.275 . . .
. . . He also complained that his accrued gain time was affected by the amendment to section 944.275(4), claiming . . . of chapter 95-184 affects the gain-time statute, the major 1995 amendment to that statute, section 944.275 . . .
. . . 184, Laws of Florida, unconstitutional in its entirety; section 26 of chapter 95-184 amended section 944.275 . . . State, 761 So.2d 1245 (Fla. 2d DCA 2000), that the major 1995 amendment to section 944.275 is contained . . .
. . . still entitled to relief because his gain time was adversely affected by the amendments to section 944.275 . . . See § 944.275, Fla. Slat. (1995). Heggs declared chapter 95-184 unconstitutional in its entirety. . . . However, the major 1995 amendment to section 944.275 was made by chapter 95-294, Laws of Florida, a chapter . . .
. . . DOC denied the grievances and the appeal on grounds that the sentence was incompatible with section 944.275 . . . Section 944.275(4)(a)3 [sic] is directed to [DOC] and provides that inmates serving sentences imposed . . . imposed for an offense committed prior to October 1, 1995. ' While we do not understand how section 944.275 . . . DOC’s position has consistently been that the sentence’s coterminous provision conflicts with section 944.275 . . .
. . . except that the department may grant up to 25 days of incentive gain-time each month as provided in s. 944.275 . . . except that the department may grant up to 25 days of incentive gain-time each month as provided in s. 944.275 . . . (codified as § 944.275(4)(c)2„ Fla. Stat. (1995)). . . . The relevant part of the habitual offender statute incorporates subsection 944.275(4) by reference. . . .
. . . sentence of twenty-six years— at least eighty-five per cent of which appellant must actually serve, see § 944.275 . . .