ANTHONY ADAMS
v.
THE STATE OF FLORIDA

Fla. 3d DCA | 2023-09-06
No. 23-0382
Florida District Court of Appeal, Third District (2023)

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Holding

Both basic and incentive gain-time credits are subject to forfeiture by the Department of Corrections for unacceptable conduct pursuant to Florida Statutes section 944.28(1).


Headnotes

[1] Inmates receive a lump sum award of basic gain-time credits upon entering the prison system, and such earned credits are thereafter subject to forfeiture by the Departmen…

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Key Quotes

“Both may be subject to forfeiture by the DOC pursuant to section 944.28(1), Florida Statutes”

Williams v. Wasi, regarding the distinction between basic and incentive gain-time

Facts & Procedural History

Anthony Adams appealed a circuit court decision regarding the forfeiture of gain-time credits while incarcerated. The case involves a challenge to the…

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Opinion of the Court

PER CURIAM.

Affirmed. See Williams v. Wasi, 681 So. 2d 839, 840 (Fla. 4th DCA 1996) (“We find no merit in his distinction between basic gain-time and incentive gain-time, holding that both may be subject to forfeiture by the DOC pursuant to section 944.28(1), Florida Statutes (1995).”); Waldrup v. Dugger, 562 So. 2d 687, 689 (Fla. 1990) (noting a “basic gain-time award was subject to forfeiture for unacceptable conduct”); Singletary v. Jones, 681 So. 2d 836, 837 (Fla. 1st DCA 1996) (“[I]nmates receive a lump sum award of all basic gain time to which they may be entitled throughout the full term of their sentences upon entering the prison system. This gain time is earned when so credited, and is thereafter subject to earned gain time forfeiture.”).

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