Buffa v. Singletary, No. 93-1152

CourtCourt of Appeal of Florida (US)
Writing for the CourtPER CURIAM
Citation652 So.2d 885
Parties20 Fla. L. Weekly D682 Michael BUFFA, Appellant, v. Harry K. SINGLETARY, Secretary, Florida Department of Corrections, Appellee.
Decision Date14 March 1995
Docket NumberNo. 93-1152

Page 885

652 So.2d 885
20 Fla. L. Weekly D682
Michael BUFFA, Appellant,
v.
Harry K. SINGLETARY, Secretary, Florida Department of
Corrections, Appellee.
No. 93-1152.
District Court of Appeal of Florida,
First District.
March 14, 1995.
Rehearing Denied April 20, 1995.

Robert A. Butterworth, Atty. Gen., Cecilia Bradley, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

Michael Buffa appeals the trial court's denial of his petition for writ of mandamus seeking restoration of 180 days of gain-time. The Florida Department of Corrections declared the gain-time forfeit, even before appellant was eligible to earn gain-time, to punish him for possession of marijuana while he was incarcerated at the Holmes Correctional Institution. We reverse.

Page 886

Under Florida Administrative Code Rule 33-22.012, the maximum penalty when an inmate is found in possession of illegal drugs is 60 days' disciplinary confinement and loss of 180 days' gain-time. But Florida Administrative Code Rule 33-22.008 provides:

(2) Disciplinary Alternatives. The Disciplinary Team may ...

(b) ....

11. Recommend loss of gain time which the team feels is justified up to the maximum penalty prescribed in Rule 33-22.012.... Whenever loss of gain time is recommended, a determination must be made that the inmate has accrued sufficient gain time in order for the forfeiture to be processed.

According to his verified petition (and attachments), Buffa had not accrued gain-time when disciplinary action was taken, because he was serving the initial three-year mandatory portion of his sentence, imposed under section 775.087(2), Florida Statutes (1991) for possession or use of a firearm.

This statutory provision makes appellant ineligible "for parole or statutory gain-time under s. 944.275, prior to serving such minimum sentence." Sec. 775.087(2), Fla.Stat. (1991). As the affidavit attached to the response filed by the Department of Corrections below states:

Florida Statute 775.087(2) provides that a person sentenced to a minimum mandatory term shall not be eligible for parole or statutory gaintime under s. 944.275 prior to serving such minimum sentence.

It is therefore inaccurate to assert, as the Department has, that appellant had "a net credit of ... basic gaintime" at any time pertinent to the present controversy. Only after he has served his minimum mandatory sentence will appellant become eligible to earn or receive gain-time.

Unearned gain-time may only be forfeited...

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11 practice notes
  • Childers v. State, No. 1D03-2154.
    • United States
    • Court of Appeal of Florida (US)
    • June 28, 2006
    ...Singletary v. Jones, 681 So.2d 836, 837 (Fla. 1st DCA 1996) ("Because the department is questioning the ruling in Buffa [v. Singletary, 652 So.2d 885 (Fla. 1st DCA 1995) ], and we conclude that we should recede from that decision, this case is being considered en banc by the court's crimina......
  • Childers v. State, No. 1D03-2154.
    • United States
    • Court of Appeal of Florida (US)
    • June 28, 2006
    ...Singletary v. Jones, 681 So.2d 836, 837 (Fla. 1st DCA 1996) ("Because the department is questioning the ruling in Buffa [v. Singletary, 652 So.2d 885 (Fla. 1st DCA 1995)], and we conclude that we should recede from that decision, this case is Page 646 considered en banc by the court's crimi......
  • Vantage Healthcare Corp. v. Agency for Health Care Admin., No. 96-1437
    • United States
    • Court of Appeal of Florida (US)
    • January 27, 1997
    ...a letter of intent under the requirements of this paragraph." The agency is obligated to follow its own rules. Buffa v. Singletary, 652 So.2d 885, 886 (Fla. 1st DCA), appeal dismissed mem., 658 So.2d 989 (Fla.1995), over-ruled on other grounds in Singletary v. Jones, 681 So.2d 836 (Fla. 1st......
  • Singletary v. Brown, No. 96-1366
    • United States
    • Court of Appeal of Florida (US)
    • May 6, 1997
    ...pro se. PER CURIAM. The Department of Corrections appeals an order granting mandamus relief to appellee based on Buffa v. Singletary, 652 So.2d 885 (Fla. 1st DCA), dismissed, 658 So.2d 989 (Fla.1995). The trial court granted appellee's petition without the benefit of our recent decision in ......
  • Request a trial to view additional results
11 cases
  • Childers v. State, No. 1D03-2154.
    • United States
    • Court of Appeal of Florida (US)
    • June 28, 2006
    ...Singletary v. Jones, 681 So.2d 836, 837 (Fla. 1st DCA 1996) ("Because the department is questioning the ruling in Buffa [v. Singletary, 652 So.2d 885 (Fla. 1st DCA 1995) ], and we conclude that we should recede from that decision, this case is being considered en banc by the court's crimina......
  • Childers v. State, No. 1D03-2154.
    • United States
    • Court of Appeal of Florida (US)
    • June 28, 2006
    ...Singletary v. Jones, 681 So.2d 836, 837 (Fla. 1st DCA 1996) ("Because the department is questioning the ruling in Buffa [v. Singletary, 652 So.2d 885 (Fla. 1st DCA 1995)], and we conclude that we should recede from that decision, this case is Page 646 considered en banc by the court's crimi......
  • Vantage Healthcare Corp. v. Agency for Health Care Admin., No. 96-1437
    • United States
    • Court of Appeal of Florida (US)
    • January 27, 1997
    ...a letter of intent under the requirements of this paragraph." The agency is obligated to follow its own rules. Buffa v. Singletary, 652 So.2d 885, 886 (Fla. 1st DCA), appeal dismissed mem., 658 So.2d 989 (Fla.1995), over-ruled on other grounds in Singletary v. Jones, 681 So.2d 836 (Fla. 1st......
  • Singletary v. Brown, No. 96-1366
    • United States
    • Court of Appeal of Florida (US)
    • May 6, 1997
    ...pro se. PER CURIAM. The Department of Corrections appeals an order granting mandamus relief to appellee based on Buffa v. Singletary, 652 So.2d 885 (Fla. 1st DCA), dismissed, 658 So.2d 989 (Fla.1995). The trial court granted appellee's petition without the benefit of our recent decision in ......
  • Request a trial to view additional results

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