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Florida Statute 944.278 | Lawyer Caselaw & Research
F.S. 944.278 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. 944.278
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Repealed by s. 6, ch. 88-122.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Repealed by s. 32, ch. 93-406.

F.S. 944.278 on Google Scholar

F.S. 944.278 on Casetext

Amendments to 944.278


Arrestable Offenses / Crimes under Fla. Stat. 944.278
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 944.278.



Annotations, Discussions, Cases:

Cases from cite.case.law:

GASKINS, v. CROSBY,, 371 F.3d 820 (11th Cir. 2004)

. . . . § 944.278 (though other gain-time statutes were left in place). . . . Stat. § 944.278. . . .

J. JONES, v. STATE DEPARTMENT OF CORRECTIONS,, 832 So. 2d 897 (Fla. Dist. Ct. App. 2002)

. . . he was not entitled, as he argues, to additional credits which had not yet been awarded when section 944.278 . . .

D. WINKLER, v. W. MOORE, v. W. v. W., 831 So. 2d 63 (Fla. 2002)

. . . Langley, we discussed the reasons for the across-the-board cancellations taken pursuant to section 944.278 . . .

LYNCE, J. v. FLORIDA DEPARTMENT OF CORRECTIONS, An, 772 So. 2d 571 (Fla. Dist. Ct. App. 2000)

. . . credits and/or administrative gaintime pursuant to Attorney General Opinion 92-96 (1992), and/or section 944.278 . . .

BLACK, v. W. MOORE,, 768 So. 2d 1236 (Fla. Dist. Ct. App. 2000)

. . . Department) violated the Ex Post Facto Clause of the United States Constitution when, pursuant to section 944.278 . . . Section 944.278 provides in part that "[a]ll awards of administrative gain-time under s. 944.276 [repealed . . .

DIEHL, v. W. MOORE,, 767 So. 2d 615 (Fla. Dist. Ct. App. 2000)

. . . section 944.277, Florida Statutes (Supp.1992), Florida Attorney General Opinion 92-96 (1992), and section 944.278 . . .

MOORE, v. W. MOORE,, 764 So. 2d 676 (Fla. Dist. Ct. App. 2000)

. . . for writ of certiorari challenging the trial court’s 1999 order upholding the application of section 944.278 . . .

DONOVAN, v. W. MOORE,, 755 So. 2d 613 (Fla. 2000)

. . . Administrative Gain Time pursuant to either sections 944.28(1) or 948.06(7), it may utilize section 944.278 . . . probation revocation, the Lynce decision also forbids the cancellation of Donovan’s credits under section 944.278 . . . See § 944.278, Fla. Stat. (1997); ch. 93^06, § 35, at 2967, Laws of Fla. . . . Accordingly, we conclude that under the analysis of Lynce, the State cannot apply section 944.278 (the . . . Singletary, 695 So.2d 494 (Fla. 3d DCA 1997)(applying first part of section 944.278, canceling awards . . .

THOMAS, v. W. MOORE,, 748 So. 2d 1010 (Fla. 1999)

. . . See § 944.278, Fla. Stat. (1993). . . . the Department may not forfeit Administrative Gain Time or Provisional Credits pursuant to section 944.278 . . .

GRANT, v. K. SINGLETARY, Jr., 730 So. 2d 805 (Fla. Dist. Ct. App. 1999)

. . . 17, 1993, the Department of Corrections (the Department) canceled these credits pursuant to section 944.278 . . .

GOMEZ, v. K. SINGLETARY, Jr. v. K. Jr. v. K. Jr. v. K. Jr. v. K. Jr., 733 So. 2d 499 (Fla. 1998)

. . . See § 944.278, Fla. Stat. (1993)(note 2); ch. 93-406, §§ 32, 44, at 2966, 2974, Laws of Fla. . . .

L. MEOLA, v. DEPARTMENT OF CORRECTIONS, L. v. K. v. K., 732 So. 2d 1029 (Fla. 1998)

. . . See § 944.278, Fla. Stat. (1993). . . . Langley, we discussed the reasons for the across-the-board cancellations taken pursuant to section 944.278 . . . See § 944.278 (Supp.1990); ch. 89-526, §§ 5, 52, Laws of Fla. . . . .

STATE v. LANCASTER,, 731 So. 2d 1227 (Fla. 1998)

. . . The third statute was section 944.278, Florida Statutes (1993), which was part of the act known as the . . . Therefore, the State maintains that there were no overcrowding credits to cancel under section 944.278 . . . Section 944.278 provides, in pertinent part: All awards of administrative gain-time under s. 9U.276 and . . . We conclude that both the first emphasized portion of section 944.278 providing for the cancellation . . . Singletary, 695 So.2d 494 (Fla. 3d DCA 1997)(applying first part of section 944.278 canceling awards . . . See § 944.278, Fla. Stat. (1993); ch. 93-406, § 32, 44, Laws of Fla. . . .

BERGELSON, v. K. SINGLETARY, Jr., 721 So. 2d 1194 (Fla. Dist. Ct. App. 1998)

. . . cancellation by the Department of Corrections of 1,500 days of provisional credits pursuant to section 944.278 . . . In 1993, the Department canceled all of petitioner’s provisional credits pursuant to section 944.278, . . . Subsequently, in 1993, the legislature passed section 944.278 which, to the extent pertinent, read: All . . . The Department canceled petitioner’s previously awarded provisional credits pursuant to section 944.278 . . . Petitioner argues that the Department’s retroactive application of section 944.278 to cancel provisional . . .

ROYDHOUSE, v. STATE, 701 So. 2d 1273 (Fla. Dist. Ct. App. 1997)

. . . entitled to restoration of administrative gaintime and provisional credits cancelled pursuant to section 944.278 . . .

JACKSON, v. K. SINGLETARY, Jr., 695 So. 2d 494 (Fla. Dist. Ct. App. 1997)

. . . mandamus is reversed because he was unlawfully deprived of those benefits by the enactment of section 944.278 . . .

B. CRIDLAND, v. K. SINGLETARY, Jr., 695 So. 2d 794 (Fla. Dist. Ct. App. 1997)

. . . (Supp.1992), and section 944.278, Fla. Stat. (1995). . . .

STATE v. LANCASTER,, 687 So. 2d 1299 (Fla. 1997)

. . . committed an offense prior to October 1, 1989, and completed his sentence prior to the enactment of section 944.278 . . . offense before October 1, 1989, and who completed their sentences prior to the 1993 enactment of section 944.278 . . .

R. M. OROSZ, v. K. SINGLETARY, Jr., 693 So. 2d 538 (Fla. 1997)

. . . In 1993, while Orosz was serving this second sentence, the Legislature enacted section 944.278. . . . .” § 944.278, Fla.Stat. (1993) (emphasis added). . . .

CALAMIA, v. K. SINGLETARY, Jr. HOCK, v. K. SINGLETARY, Jr., 686 So. 2d 1337 (Fla. 1996)

. . . both inmates, allege that the interpretation of sections 944.277, Florida Statutes (Supp.1992), and 944.278 . . . the retroactive denial of administrative gain time and provisional credits by the adoption of section 944.278 . . . Thereafter, in 1993 the legislature repealed section 944.277 and enacted section 944.278, which canceled . . . hold that the retrospective application of section 944.277, Florida Statutes (Supp.1992), and section 944.278 . . . apply retrospectively: section 944.277 (Supp. 1992) — through interpretation by the DOC— and section 944.278 . . . I would hold that the provisions of sections 944.277 (Supp.1992) and 944.278 can only be applied prospectively . . .

STATE FLORIDA DEPARTMENT OF CORRECTIONS, v. E. STEVENSON,, 695 So. 2d 727 (Fla. Dist. Ct. App. 1996)

. . . But in 1993, the legislature enacted section 944.278 Florida Statutes: All awards of administrative gain-time . . . probation) had been violated and he had been sentenced over a year prior to the effective date of section 944.278 . . . statute was enacted all within the current term that he was serving held that the new statute (section 944.278 . . .

K. SINGLETARY, v. EVANS,, 676 So. 2d 51 (Fla. Dist. Ct. App. 1996)

. . . sentencing for violation of probation, the cancellation of Galston’s provisional credit by section 944.278 . . .

DAVIS, v. K. SINGLETARY, Jr., 659 So. 2d 1126 (Fla. Dist. Ct. App. 1995)

. . . However, as a result of the DOC’s interpretation of section 944.278, Florida Statutes (1993), Davis was . . . We do not rule on the merits of DOC’s interpretation of section 944.278 as it may apply to other cases . . .

CLARK, v. STATE, 656 So. 2d 252 (Fla. Dist. Ct. App. 1995)

. . . Even before these credits were statutorily cancelled by section 944.278, Florida Statutes (1993), they . . .

LANCASTER, v. STATE, 656 So. 2d 533 (Fla. Dist. Ct. App. 1995)

. . . committed an offense prior to October 1, 1989 and completed his sentence prior to the enactment of section 944.278 . . . that defendant completed his original sentence prior to 1993, when the legislature enacted section 944.278 . . .

T. ROBERTSON, v. HODGES,, 883 F. Supp. 668 (M.D. Fla. 1995)

. . . Pursuant to Section 944.278, Florida Statutes (1993), DOC canceled the 301 days of provisional credits . . . The DOC canceled only the 301 days of provisional credits pursuant to Section 944.278, Florida Statutes . . .

R. M. OROSZ, v. K. SINGLETARY, Jr., 655 So. 2d 1112 (Fla. 1995)

. . . In 1993, while Orosz was serving this second sentence, the Legislature enacted section 944.278. . . . .” § 944.278, Fla.Stat. (1993) (emphasis added). . . .

J. HERRING, v. K. SINGLETARY, Jr., 879 F. Supp. 1180 (N.D. Fla. 1995)

. . . . § 944.278 (1993). . . . In 1993 all provisional credits previously granted were cancelled by Fla.Stat. § 944.278. . . . But that claim becomes moot if a challenge to Fla.Stat. § 944.278 (1993) would fail. . . . Singletary, 645 So.2d 961 (Fla.1994) (cancellation of credit under § 944.278 only). . . . Section 944.278 was added by Ch. 93-406, § 35, Laws of Fla., effective June 17, 1993. . . .

HOCK, v. K. SINGLETARY,, 41 F.3d 1470 (11th Cir. 1995)

. . . . § 944.278 (1993)). The cancellation of provisional credits is not an issue on appeal. . . . .

E. SIERS, v. FLORIDA STATE SENATE,, 644 So. 2d 116 (Fla. Dist. Ct. App. 1994)

. . . court claimed that the Florida Senate’s action in passing Senate Bill No., 26B (1993) (now section 944.278 . . .

R. LANGLEY, v. K. SINGLETARY,, 645 So. 2d 961 (Fla. 1994)

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

GRIFFIN, v. K. SINGLETARY,, 638 So. 2d 500 (Fla. 1994)

. . . On June 17, 1993, DOC cancelled Griffin’s administrative gain time pursuant to section 944.278, Florida . . .

WAITE, v. K. SINGLETARY, Jr., 632 So. 2d 192 (Fla. Dist. Ct. App. 1994)

. . . See § 944.278, Fla.Stat. (1993); ch. 93-406, §§ 32, 35, Laws of Fla. . . .