BRUCE E. BASS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the constitutionality of Florida Statutes section 893.101 and dismissed without prejudice the appellant's challenge to the Department of Corrections' forfeiture of gain-time, directing him to pursue mandamus relief in circuit court after exhausting administrative remedies.
Section 893.101, Florida Statutes is constitutional, and challenges to DOC gain-time forfeitures must be pursued by mandamus in circuit court after exhausting administrative remedies, not by direct appeal.
[1] Challenges to gain-time forfeitures by the Department of Corrections must be pursued by writ of mandamus in the circuit court where the DOC is located, after exhaustion o…
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Join FLexlaw to unlock all legal intelligenceAppellant Bass pleaded guilty to offenses and is serving concurrent six-year sentences in the Florida Department of Corrections. The DOC forfeited 214…
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As to appellant’s challenge to the constitutionality of section 893.101, Florida Statutes (2008), we affirm. See State v. Adkins, 96 So.3d 412, 423 (Fla.2012); Annee v. State, — So.3d -, 2012 WL 4897781 (Fla. 4th DCA 2012), (citing Maestas v. State, 76 So.3d 991 (Fla. 4th DCA 2011)). Appellant additionally complains that the Florida Department of Corrections (“DOC”), where he is currently serving concurrent six-year sentences for the offenses he pled to in this case, improperly relied on a finding by the trial court that this action was frivolous to forfeit 214 days gain-time accrued by appellant. See § 944.28(2)(a), Fla. Stat. (2008). However, the proper venue for appellant’s challenge is by way of writ of mandamus in the circuit court in Leon County, where the DOC is located, after appellant has exhausted all available administrative remedies within DOC. See Hartley v. McNeil, 52 So.3d 690, 691 (Fla. 4th DCA 2010), rev. denied 63 So.3d 749 (Fla.2011) (citing Bush v. State, 945 So.2d 1207, 1213-14 (Fla.2006)). Accordingly, as to that issue, we dismiss his appeal to this court without prejudice to pursue his remedies as described herein.
Affirmed as to point II, dismissed without prejudice as to point I.
WARNER, GROSS and TAYLOR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Adkins, 96 So. 3d 412 (Fla. 2012)
- Maestas v. State, 76 So. 3d 991 (Fla. 4th DCA 2011)
- Corbblin Bush v. State, 945 So. 2d 1207 (Fla. 2006)
- Drew C. Hartley v. McNEIL, 52 So. 3d 690 (Fla. 4th DCA 2010)