EMILE PARKER
v.
STATE OF FLORIDA

Fla. 3d DCA | 2025-02-05
No. 3D2024-2057
2025 FL 899 Florida District Court of Appeal, Third District (2025)

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Holding

The Department of Corrections possesses exclusive authority to regulate and determine gain time credits under chapter 944, Florida Statutes, and defendants must pursue administrative procedures rather than seek judicial relief.


Headnotes

[1] The Department of Corrections possesses exclusive statutory authority to regulate and determine the award of gain time credits under chapter 944, Florida Statutes, and ju…

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Key Quotes

“The authority to regulate gain time resides exclusively within the Department of Corrections pursuant to chapter 944, Florida Statutes.”

Moore v. Pearson, cited for the proposition establishing exclusive departmental authority

Facts & Procedural History

Emile Parker appealed a circuit court decision in Miami-Dade County regarding a gain time credit determination. The case involved a challenge to the D…

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Topics

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Opinion of the Court

Opinion filed February 5, 2025. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D24-2057 Lower Tribunal No. F12-29714

________________

Emile Parker,

Appellant,

vs.

State of Florida,

Appellee.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Christine Hernandez, Judge. Emile Parker, in proper person. John Guard, Acting Attorney General, for appellee. Before LOGUE, C.J., and LOBREE and GOODEN, JJ. PER CURIAM. Affirmed. See Moore v. Pearson, 789 So. 2d 316, 319 (Fla. 2001) (“The authority to regulate gain time resides exclusively within the Department of Corrections pursuant to chapter 944, Florida Statutes.”); Tribue v. State, 682 So. 2d 196, 197 (Fla. 3d DCA 1996) (“However, the responsibility for making the determination of the actual amount of gain time rests with the Department of Corrections. The burden falls upon the defendant to seek credit for this time pursuant to the appropriate administrative procedures.”) (internal citations omitted); Walker v. State, 619 So. 2d 518, 519 (Fla. 1st DCA 1993) (“The award of gain time is solely a function of the Department of Corrections.”).


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