Bush v. Florida Parole Com'n
| Decision Date | 09 June 1997 |
| Docket Number | No. 96-1889,96-1889 |
| Parties | 22 Fla. L. Weekly D1463 Calvin BUSH, Appellant, v. FLORIDA PAROLE COMMISSION, Appellee. |
| Court | Florida District Court of Appeals |
Calvin Bush, pro se.
Kurt E. Ahrendt, Assistant General Counsel, Florida Parole Commission, Tallahassee, for Appellee.
Appellant challenges the circuit court's denial of his petition for writ of mandamus. The only viable claim set forth in his petition is his assertion that his basic and incentive gain time should not have been forfeited upon the revocation of his control release. However, the award and forfeiture of statutory gain time is a function of the Department of Corrections. See Harvey v. State, 616 So.2d 521 (Fla. 2d DCA 1993); Curry v. Wainwright, 422 So.2d 1029 (Fla. 1st DCA 1982). As such, appellant's entitlement to relief, if any, must be obtained through administrative channels followed by, if necessary, the filing of a petition for writ of mandamus naming the Department of Corrections as the respondent. See Department of Corrections v. Mattress, 686 So.2d 740 (Fla. 5th DCA 1997); Williams v. State, 673 So.2d 873 (Fla. 1st DCA 1996). We therefore affirm without prejudice to appellant to seek relief through administrative proceedings.
AFFIRMED.
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Sheley v. Florida Parole Com'n
...637 So.2d 236 (Fla.1994); see, e.g., Winchip v. Florida Parole Commission, 691 So.2d 44 (Fla. 1st DCA 1997); Bush v. Florida Parole Commission, 694 So.2d 872 (Fla. 1st DCA 1997). We continue to hold that a final order on a complaint for writ of mandamus is reviewable by appeal. However, we ......
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Williams v. State
...the filing of a petition for writ of mandamus naming the Department of Corrections as the respondent. See Bush v. Florida Parole Comm'n, 694 So.2d 872 (Fla. 1st DCA 1997), receded from on other grounds by Sheley v. Florida Parole Comm'n, 703 So.2d 1202 (Fla. 1st DCA AFFIRMED. KAHN, VAN NORT......
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Department of Corrections v. Siciliano, 97-653
...See Department of Corrections, State of Florida, v. Mattress, 686 So.2d 740 (Fla. 5th DCA 1997). See also Bush v. Florida Parole Commission, 694 So.2d 872 (Fla. 1st DCA 1997). PETERSON, THOMPSON and ANTOON, JJ., concur. ...