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Florida Statute 944.275 | Lawyer Caselaw & Research
F.S. 944.275 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 944
STATE CORRECTIONAL SYSTEM
View Entire Chapter
F.S. 944.275
944.275 Gain-time.
(1) The department is authorized to grant deductions from sentences in the form of gain-time in order to encourage satisfactory prisoner behavior, to provide incentive for prisoners to participate in productive activities, and to reward prisoners who perform outstanding deeds or services.
(2)(a) The department shall establish for each prisoner sentenced to a term of years a “maximum sentence expiration date,” which shall be the date when the sentence or combined sentences imposed on a prisoner will expire. In establishing this date, the department shall reduce the total time to be served by any time lawfully credited.
(b) When a prisoner with an established maximum sentence expiration date is sentenced to an additional term or terms without having been released from custody, the department shall extend the maximum sentence expiration date by the length of time imposed in the new sentence or sentences, less lawful credits.
(c) When an escaped prisoner or a parole violator is returned to the custody of the department, the maximum sentence expiration date in effect when the escape occurred or the parole was effective shall be extended by the amount of time the prisoner was not in custody plus the time imposed in any new sentence or sentences, but reduced by any lawful credits.
(3)(a) The department shall also establish for each prisoner sentenced to a term of years a “tentative release date” which shall be the date projected for the prisoner’s release from custody by virtue of gain-time granted or forfeited as described in this section. The initial tentative release date shall be determined by deducting basic gain-time granted from the maximum sentence expiration date. Other gain-time shall be applied when granted or restored to make the tentative release date proportionately earlier; and forfeitures of gain-time, when ordered, shall be applied to make the tentative release date proportionately later.
(b) When an initial tentative release date is reestablished because of additional sentences imposed before the prisoner has completely served all prior sentences, any gain-time granted during service of a prior sentence and not forfeited shall be applied.
(c) The tentative release date may not be later than the maximum sentence expiration date.
(4)(a) As a means of encouraging satisfactory behavior, the department shall grant basic gain-time at the rate of 10 days for each month of each sentence imposed on a prisoner, subject to the following:
1. Portions of any sentences to be served concurrently shall be treated as a single sentence when determining basic gain-time.
2. Basic gain-time for a partial month shall be prorated on the basis of a 30-day month.
3. When a prisoner receives a new maximum sentence expiration date because of additional sentences imposed, basic gain-time shall be granted for the amount of time the maximum sentence expiration date was extended.
(b) For each month in which an inmate works diligently, participates in training, uses time constructively, or otherwise engages in positive activities, the department may grant incentive gain-time in accordance with this paragraph. The rate of incentive gain-time in effect on the date the inmate committed the offense which resulted in his or her incarceration shall be the inmate’s rate of eligibility to earn incentive gain-time throughout the period of incarceration and shall not be altered by a subsequent change in the severity level of the offense for which the inmate was sentenced.
1. For sentences imposed for offenses committed prior to January 1, 1994, up to 20 days of incentive gain-time may be granted. If granted, such gain-time shall be credited and applied monthly.
2. For sentences imposed for offenses committed on or after January 1, 1994, and before October 1, 1995:
a. For offenses ranked in offense severity levels 1 through 7, under former s. 921.0012 or former s. 921.0013, up to 25 days of incentive gain-time may be granted. If granted, such gain-time shall be credited and applied monthly.
b. For offenses ranked in offense severity levels 8, 9, and 10, under former s. 921.0012 or former s. 921.0013, up to 20 days of incentive gain-time may be granted. If granted, such gain-time shall be credited and applied monthly.
3. For sentences imposed for offenses committed on or after October 1, 1995, the department may grant up to 10 days per month of incentive gain-time.
(c) An inmate who performs some outstanding deed, such as saving a life or assisting in recapturing an escaped inmate, or who in some manner performs an outstanding service that would merit the granting of additional deductions from the term of his or her sentence may be granted meritorious gain-time of from 1 to 60 days.
(d) Notwithstanding the monthly maximum awards of incentive gain-time under subparagraphs (b)1., 2., and 3., the education program manager shall recommend, and the Department of Corrections may grant, a one-time award of 60 additional days of incentive gain-time to an inmate who is otherwise eligible and who successfully completes requirements for and is, or has been during the current commitment, awarded a high school equivalency diploma or vocational certificate. Under no circumstances may an inmate receive more than 60 days for educational attainment pursuant to this section.
(e)1. Notwithstanding subparagraph (b)3., for sentences imposed for offenses committed on or after October 1, 2014, and before July 1, 2023, the department may not grant incentive gain-time if the offense is a violation of s. 782.04(1)(a)2.c.; s. 787.01(3)(a)2. or 3.; s. 787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s. 800.04; s. 825.1025; or s. 847.0135(5).
2. Notwithstanding subparagraph (b)3., for sentences imposed for offenses committed on or after July 1, 2023, the department may not grant incentive gain-time if the offense is for committing or attempting, soliciting, or conspiring to commit a violation of s. 782.04(1)(a)2.c.; s. 787.01(3)(a)2. or 3.; s. 787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s. 800.04; s. 825.1025; or s. 847.0135(5).
(f) An inmate who is subject to subparagraph (b)3. is not eligible to earn or receive gain-time under paragraph (a), paragraph (b), paragraph (c), or paragraph (d) or any other type of gain-time in an amount that would cause a sentence to expire, end, or terminate, or that would result in a prisoner’s release, prior to serving a minimum of 85 percent of the sentence imposed. For purposes of this paragraph, credits awarded by the court for time physically incarcerated shall be credited toward satisfaction of 85 percent of the sentence imposed. Except as provided by this section, a prisoner may not accumulate further gain-time awards at any point when the tentative release date is the same as that date at which the prisoner will have served 85 percent of the sentence imposed. State prisoners sentenced to life imprisonment shall be incarcerated for the rest of their natural lives, unless granted pardon or clemency.
(5) When a prisoner is found guilty of an infraction of the laws of this state or the rules of the department, gain-time may be forfeited according to law.
(6)(a) Basic gain-time under this section shall be computed on and applied to all sentences imposed for offenses committed on or after July 1, 1978, and before January 1, 1994.
(b) All incentive and meritorious gain-time is granted according to this section.
(c) All additional gain-time previously awarded under former subsections (2) and (3) and all forfeitures ordered prior to the effective date of the act that created this section shall remain in effect and be applied in establishing an initial tentative release date.
(7) The department shall adopt rules to implement the granting, forfeiture, restoration, and deletion of gain-time.
History.s. 1, ch. 78-304; s. 57, ch. 79-3; s. 8, ch. 83-131; s. 3, ch. 91-281; s. 26, ch. 93-406; s. 26, ch. 95-184; s. 2, ch. 95-294; s. 59, ch. 96-388; s. 1853, ch. 97-102; s. 12, ch. 2014-4; s. 11, ch. 2014-20; s. 100, ch. 2015-2; s. 4, ch. 2017-31; s. 2, ch. 2023-146.

F.S. 944.275 on Google Scholar

F.S. 944.275 on Casetext

Amendments to 944.275


Arrestable Offenses / Crimes under Fla. Stat. 944.275
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 944.275.



Annotations, Discussions, Cases:

Cases from cite.case.law:

HEARD, v. DEPARTMENT OF CORRECTIONS, 264 So. 3d 214 (Fla. App. Ct. 2018)

. . . 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. . . .

MOBLEY, v. STATE, 263 So. 3d 117 (Fla. App. Ct. 2018)

. . . 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 . . .

MONTGOMERY, v. STATE, 230 So. 3d 1256 (Fla. Dist. Ct. App. 2017)

. . . This is still true even though section 944.275(4)(f), Florida Statutes (2014), which mandates prisoners . . .

CLAY, v. STATE, 226 So. 3d 346 (Fla. Dist. Ct. App. 2017)

. . . See § 944.275(4)(f), Fla. Stat. (2015). . . .

JOHNSON, v. STATE, 215 So. 3d 1237 (Fla. 2017)

. . . 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. . . .

DIAZ, v. L. JONES,, 215 So. 3d 121 (Fla. Dist. Ct. App. 2017)

. . . 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). . . .

D. NEWELL, v. FLORIDA DEPARTMENT OF CORRECTIONS,, 214 So. 3d 721 (Fla. Dist. Ct. App. 2017)

. . . 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 . . .

DAVIS, Jr. v. STATE, 199 So. 3d 546 (Fla. Dist. Ct. App. 2016)

. . . (designated the Stop Turning Out Prisoners Act and enacting section 944.275(4)(b)3, Florida Statutes, . . .

HATTEN, v. STATE, 203 So. 3d 142 (Fla. 2016)

. . . suspended, deferred, or withheld, and the defendant is not eligible for statutory gain-time under s. 944.275 . . .

ALFONSO- ROCHE, v. STATE, 199 So. 3d 941 (Fla. Dist. Ct. App. 2016)

. . . would consequently serve less than 85 percent of his or her tern of imprisonment as provided in s. 944.275 . . .

WILLIAMS, v. STATE, 197 So. 3d 569 (Fla. Dist. Ct. App. 2016)

. . . See §§ 944.275; 775.087(2)(b), Fla. Stat. (2009). . . .

JORDAN, v. STATE, 182 So. 3d 819 (Fla. Dist. Ct. App. 2016)

. . . See § 944.275(4)(b)3, Fla. Stat. (1997). . . .

D. STRADER, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS,, 634 F. App'x 270 (11th Cir. 2015)

. . . . § 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), . . .

MELVIN, v. STATE, 177 So. 3d 648 (Fla. Dist. Ct. App. 2015)

. . . 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 . . .

LAMBERT, v. STATE, 170 So. 3d 74 (Fla. Dist. Ct. App. 2015)

. . . See § 944.275(4)(b)3., Fla. Stat. . . .

STATE v. A. MOSLEY,, 149 So. 3d 684 (Fla. 2014)

. . . defendant will serve a longer sentence than he would if he were eligible for gain time under section 944.275 . . .

LANE, v. STATE, 151 So. 3d 20 (Fla. Dist. Ct. App. 2014)

. . . See § 944.275(4)(b)3., Fla. Stat. (2011). . . .

ROCHESTER, v. STATE, 140 So. 3d 973 (Fla. 2014)

. . . Stat. (2008) (providing that a defendant “is not eligible for statutory gain-time under s. 944.275 or . . .

KELLY, v. STATE, 137 So. 3d 2 (Fla. Dist. Ct. App. 2014)

. . . Pursuant to section 944.275, Florida Statutes, a defendant must serve at least 85% of his sentence regardless . . .

L. SMITH, v. STATE, 126 So. 3d 397 (Fla. Dist. Ct. App. 2013)

. . . 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 . . .

ROSARIO, v. STATE, 122 So. 3d 412 (Fla. Dist. Ct. App. 2013)

. . . See § 944.275(4)(b)3., Fla. Stat. (2010). . . .

LEWIS, v. STATE, 118 So. 3d 291 (Fla. Dist. Ct. App. 2013)

. . . See § 944.275(4)(b)3 Fla. Stat. (2013); Adams v. State,-So.3d-, 2012 WL 3193932, 37 Fla. L. . . .

M. ADAMS, v. STATE, 188 So. 3d 849 (Fla. Dist. Ct. App. 2012)

. . . See §§ 775.087(2)(b), 944.275(4)(b)3„ Fla. . . .

JACKSON, v. STATE, 96 So. 3d 980 (Fla. Dist. Ct. App. 2012)

. . . Section 944.275(3)(a) provides: “The department shall also establish for each prisoner sentenced to a . . .

SMITH, v. STATE, 93 So. 3d 371 (Fla. Dist. Ct. App. 2012)

. . . 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 . . .

E. DENIZARD, v. STATE, 79 So. 3d 159 (Fla. Dist. Ct. App. 2012)

. . . Denizard from benefitting from the eighty-five percent rule in section 944.275(4)(b)(3), Florida Statutes . . .

D. HURT, v. STATE, 82 So. 3d 1090 (Fla. Dist. Ct. App. 2012)

. . . Section 944.275(4)(b)3., Florida Statutes, provides in relevant part: For sentences imposed for offenses . . .

HENRY, v. STATE, 82 So. 3d 1084 (Fla. Dist. Ct. App. 2012)

. . . would consequently serve less than 85 percent of his or her term of imprisonment as provided in s. 944.275 . . .

RODRIGUEZ, v. FLORIDA PAROLE COMMISSION,, 430 F. App'x 768 (11th Cir. 2011)

. . . . § 944.275(3)(a). . . .

CONIONILLI, v. STATE, 58 So. 3d 380 (Fla. Dist. Ct. App. 2011)

. . . Stat. (1989), which is in turn defined in the gain-time statute, § 944.275(3)(a), Fla. . . .

K. BISHOP, v. SHELDON,, 68 So. 3d 259 (Fla. Dist. Ct. App. 2010)

. . . See § 944.275(4)(b)(3), Fla. . . .

In COMMITMENT OF PHILLIPS. v., 69 So. 3d 951 (Fla. Dist. Ct. App. 2010)

. . . support its contention that basic and incentive gain time should be treated differently- Under section 944.275 . . .

MANUEL, v. STATE, 48 So. 3d 94 (Fla. Dist. Ct. App. 2010)

. . . See §§ 921.001(11), 944.275(2)(a), 947.1405, Fla. Stat. (1989). Accordingly, Mr. . . .

MENDENHALL, v. STATE, 48 So. 3d 740 (Fla. 2010)

. . . suspended, deferred, or withheld, and the defendant is not eligible for statutory gain-time under s. 944.275 . . .

N. SMITH, v. A. McNEIL, SECRETARY,, 49 So. 3d 298 (Fla. Dist. Ct. App. 2010)

. . . See § 944.275(2)(a), Fla. Stat.; Tal-Mason v. State, 700 So.2d 453 (Fla. 4th DCA 1997). . . .

FLORIDA PAROLE COMMISSION, v. SPAZIANO,, 48 So. 3d 714 (Fla. 2010)

. . . 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. . . .

M. A. R. v. STATE, 67 So. 3d 232 (Fla. Dist. Ct. App. 2010)

. . . incarceration under paragraph (3)(b) or paragraph (4)(b) is not eligible for statutory gain-time under s. 944.275 . . .

VALLE, v. STATE, 40 So. 3d 845 (Fla. Dist. Ct. App. 2010)

. . . See § 944.275(3)(a), Fla. Stat. (1994); Gusow v. State, 6 So.3d 699 (Fla. 4th DCA 2009). . . .

MONTGOMERY, v. STATE, 36 So. 3d 188 (Fla. Dist. Ct. App. 2010)

. . . Stat. (2008) (providing that a defendant “is not eligible for statutory gain-time under s. 944.275 or . . .

C. HARTLEY, v. WARDEN OF FLORIDA STATE PRISON, C. v. A., 352 F. App'x 368 (11th Cir. 2009)

. . . . § 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. . . .

H. ELBERT, Jr. v. STATE, 20 So. 3d 961 (Fla. Dist. Ct. App. 2009)

. . . See § 944.275(3)(a), Fla. . . .

POLLOCK, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS,, 349 F. App'x 383 (11th Cir. 2009)

. . . . § 944.275 (as in effect when Appellant committed his offense) provided generally for two types of gain-time . . .

A. McNEIL, v. CANTY,, 12 So. 3d 215 (Fla. 2009)

. . . .” § 944.275(3)(a), Fla. Stat. (1991). . . .

R. FLINT, Jr. v. STATE, 13 So. 3d 70 (Fla. Dist. Ct. App. 2009)

. . . may have had to basic or incentive gain time on the plea offer would have been pursuant to section 944.275 . . .

M. SIMON, v. STATE, 997 So. 2d 490 (Fla. Dist. Ct. App. 2008)

. . . See § 944.275(4)(b)3, Fla. . . .

A. McNEIL, v. J. COX,, 997 So. 2d 343 (Fla. 2008)

. . . constitutionality of the Safe Streets Initiative of 1994 (the Act), which inter alia amended section 944.275 . . .

BATISTA, v. STATE, 993 So. 2d 93 (Fla. Dist. Ct. App. 2008)

. . . See § 944.275(2) and (3), Fla. Stat. (2008). AFFIRMED. ORFINGER and MONACO, JJ., concur. . . . . See § 944.275(4)(b) 3., Fla. . . .

PEREZ, v. A. McNEIL,, 995 So. 2d 989 (Fla. Dist. Ct. App. 2008)

. . . 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 . . .

W. DOUGLAS, v. YATES,, 535 F.3d 1316 (11th Cir. 2008)

. . . . § 944.275). Douglas filed a grievance about his punishment. . . .

BURKS, v. A. McNEIL,, 984 So. 2d 619 (Fla. Dist. Ct. App. 2008)

. . . 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 . . .

MORRIS, v. STATE, 978 So. 2d 259 (Fla. Dist. Ct. App. 2008)

. . . 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, . . .

J. SUTTON, v. FLORIDA PAROLE COMMISSION,, 975 So. 2d 1256 (Fla. Dist. Ct. App. 2008)

. . . . § 944.275(4)(b)3, Fla. Stat. (2007). . This procedure has been upheld in David v. . . .

S. MORTON, v. FLORIDA DEPARTMENT OF CORRECTIONS,, 957 So. 2d 667 (Fla. Dist. Ct. App. 2007)

. . . 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 . . .

CIAMBRONE, v. STATE, 938 So. 2d 550 (Fla. Dist. Ct. App. 2006)

. . . 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). . . .

MASTAY, v. R. McDONOUGH,, 928 So. 2d 512 (Fla. Dist. Ct. App. 2006)

. . . 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 . . .

CORNETT, v. STATE, 922 So. 2d 297 (Fla. Dist. Ct. App. 2006)

. . . .” § 944.275(4)(b)(3), Fla. Stat. (1997); Young, 820 So.2d at 902-03. . . .

J. COX, a k a, v. V. CROSBY, Jr., 27 So. 3d 45 (Fla. Dist. Ct. App. 2006)

. . . 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 . . .

STATE v. STEELE,, 921 So. 2d 538 (Fla. 2005)

. . . Additionally, section 944.275, Florida Statutes (2004), (gain time) was amended to mandate no gain time . . .

CLINES, v. STATE, 912 So. 2d 550 (Fla. 2005)

. . . See § 944.275(4)(b)3., Fla. Stat. (2002). . . .

EFRAIMSON, v. STATE, 901 So. 2d 1002 (Fla. Dist. Ct. App. 2005)

. . . Any gain time will be calculated in accordance with section 944.275, Florida Statutes (1983). . . .

BUSH H. v. D. HOLMES, E. H. NAACP a k a PTA AFT AFL- CIO, a Jr. F., 886 So. 2d 340 (Fla. Dist. Ct. App. 2004)

. . . any way on the reported failure, in a subsequent legislative session, of an effort to amend section 944.275 . . .

MILLER, v. STATE, 882 So. 2d 480 (Fla. Dist. Ct. App. 2004)

. . . . § 944.275(3)(b). . . .

E. RICHMOND, v. STATE, 876 So. 2d 1277 (Fla. Dist. Ct. App. 2004)

. . . See generally § 944.275, Fla. Stat. (2003). . . .

DANIELS, v. STATE, 870 So. 2d 250 (Fla. Dist. Ct. App. 2004)

. . . See § 944.275(3)(b), Fla. Stat. (1985). . . .

B. MASSEY, v. V. CROSBY, Jr., 874 So. 2d 614 (Fla. Dist. Ct. App. 2004)

. . . See § 944.275(4)(b)3, Fla. . . .

V. CROSBY, Jr. v. BOLDEN,, 867 So. 2d 373 (Fla. 2004)

. . . 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 . . .

CROSBY, v. McNEAL,, 865 So. 2d 617 (Fla. Dist. Ct. App. 2004)

. . . 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 . . .

M. TOPPS, v. STATE, 865 So. 2d 1253 (Fla. 2004)

. . . See § 944.275(4)(b)3, Fla. Stat. (2001); ch. 95-294, § 2, at 2717-18, Laws of Fla. . . .

ROLLMAN, v. STATE, 855 So. 2d 239 (Fla. Dist. Ct. App. 2003)

. . . See § 944.275(4)(b)(3), Fla. . . .

L. WESLEY, v. STATE, 848 So. 2d 1231 (Fla. Dist. Ct. App. 2003)

. . . projected for release from custody by virtue of gain time granted or forfeited pursuant to section 944.275 . . .

MARSHALL, v. STATE, 838 So. 2d 702 (Fla. Dist. Ct. App. 2003)

. . . directed to the Florida Department of Corrections [“DOC”] to compel the award of gain time under section 944.275 . . .

J. BRUNO, v. STATE, 837 So. 2d 521 (Fla. Dist. Ct. App. 2003)

. . . See § 944.275(4)(b)3., Fla. . . .

S. MCCURRY, v. W. MOORE, D. L., 242 F. Supp. 2d 1167 (N.D. Fla. 2002)

. . . . § 944.275(6)(a), inmates sentenced for offenses committed on or after January 1, 1994, are not eligible . . .

PIZANO, v. STATE, 829 So. 2d 396 (Fla. Dist. Ct. App. 2002)

. . . Pursuant to section 944.275(2)(b), Florida Statutes, the Department of Corrections combined - the 48 . . .

B. GIBSON, v. FLORIDA DEPARTMENT OF CORRECTIONS,, 828 So. 2d 422 (Fla. Dist. Ct. App. 2002)

. . . See § 944.275(2)(a), Fla. . . .

A. SCULLOCK, II, v. STATE, 825 So. 2d 475 (Fla. Dist. Ct. App. 2002)

. . . Appellant argued below that section 944.275, Florida Statutes, which requires inmates to serve 85 percent . . .

E. BRAZEAIL, v. STATE, 821 So. 2d 364 (Fla. Dist. Ct. App. 2002)

. . . He further alleged that he would not have entered the plea if he had known that under section 944.275 . . .

A. YOUNG, v. W. MOORE,, 820 So. 2d 901 (Fla. 2002)

. . . 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 . . .

COMER, v. W. MOORE,, 817 So. 2d 784 (Fla. 2002)

. . . 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 . . .

NELSON, v. W. MOORE,, 802 So. 2d 472 (Fla. Dist. Ct. App. 2001)

. . . Heggs window period, he is entitled to the amount of gain time he would have received under section 944.275 . . .

WILLIAMS, v. STATE, 801 So. 2d 183 (Fla. Dist. Ct. App. 2001)

. . . 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 . . .

ADAMS, v. DEPARTMENT OF CORRECTIONS,, 801 So. 2d 150 (Fla. Dist. Ct. App. 2001)

. . . gain-time and provisional credits differ in this respect from basic and incentive gaintime, which section 944.275 . . .

RIVERA, v. STATE, 790 So. 2d 584 (Fla. Dist. Ct. App. 2001)

. . . 184, it follows that he is entitled to have his gain time calculated based on the version of section 944.275 . . .

HULL, v. W. MOORE,, 790 So. 2d 560 (Fla. Dist. Ct. App. 2001)

. . . 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 . . .

STROUSE, v. STATE, 789 So. 2d 525 (Fla. Dist. Ct. App. 2001)

. . . The 85% rule, set forth by section 944.275(4)(b)3., Florida Statutes (1995), provides, . . .

HODGDON, v. STATE, 789 So. 2d 958 (Fla. 2001)

. . . credit for lime served” included jail time actually served and gain time granted pursuant to section 944.275 . . .

WEST, v. STATE, 789 So. 2d 1123 (Fla. Dist. Ct. App. 2001)

. . . . § 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 . . .

W. MOORE, v. PEARSON,, 789 So. 2d 316 (Fla. 2001)

. . . 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). . . .

BAEZ, v. STATE, 780 So. 2d 981 (Fla. Dist. Ct. App. 2001)

. . . of chapter 95-184 affects the-gain-time statute, the major 1995 amendment to that statute,. section 944.275 . . .

JONES, v. STATE, 774 So. 2d 811 (Fla. Dist. Ct. App. 2000)

. . . See § 944.275(4)(b)3, Florida Statutes (1997). The trial court denied this claim on two grounds. . . .

ANDREWS, v. FLORIDA PAROLE COMMISSION, 768 So. 2d 1257 (Fla. Dist. Ct. App. 2000)

. . . 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 . . .

E. HATCHETT, v. STATE, 766 So. 2d 499 (Fla. Dist. Ct. App. 2000)

. . . He argues that because Chapter 95-184 amended section 944.275, Florida Statutes, it reduced the incentive . . .

ROSALES, v. W. MOORE,, 775 So. 2d 971 (Fla. Dist. Ct. App. 2000)

. . . uphold the Department of Corrections’ application of the eighty-five percent rule pursuant to section 944.275 . . .

BENTLEY, v. STATE, 769 So. 2d 430 (Fla. Dist. Ct. App. 2000)

. . . Florida, 983 F.Supp. 1362 (N.D.Fla.1997), that he was entitled to incentive gain-time under section 944.275 . . .

ALLEN, v. STATE, 768 So. 2d 1168 (Fla. Dist. Ct. App. 2000)

. . . 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 . . .

L. COOK, v. STATE, 767 So. 2d 572 (Fla. Dist. Ct. App. 2000)

. . . 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 . . .

RAY, v. STATE, 772 So. 2d 18 (Fla. Dist. Ct. App. 2000)

. . . 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 . . .

PEARSON, v. W. MOORE,, 767 So. 2d 1235 (Fla. Dist. Ct. App. 2000)

. . . 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 . . .

SANCHEZ, v. STATE, 765 So. 2d 246 (Fla. Dist. Ct. App. 2000)

. . . 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. . . .

RANDALL, v. STATE, 766 So. 2d 376 (Fla. Dist. Ct. App. 2000)

. . . sentence of twenty-six years— at least eighty-five per cent of which appellant must actually serve, see § 944.275 . . .