Singletary v. Jones, No. 96-894

CourtCourt of Appeal of Florida (US)
Writing for the CourtALLEN
Citation681 So.2d 836
Parties21 Fla. L. Weekly D2251 Harry K. SINGLETARY, Secretary for Florida Department of Corrections, Appellant, v. Johnny Jay JONES, Appellee. First District
Decision Date16 October 1996
Docket NumberNo. 96-894

Page 836

681 So.2d 836
21 Fla. L. Weekly D2251
Harry K. SINGLETARY, Secretary for Florida Department of Corrections, Appellant,
v.
Johnny Jay JONES, Appellee.
No. 96-894.
District Court of Appeal of Florida,
First District.
Oct. 16, 1996.

Page 837

Judy Bone of Department of Corrections, Tallahassee, for Appellant.

Johnny Jay Jones, Raiford, Pro Se.

EN BANC

ALLEN, Judge.

The Department of Corrections (the department) appeals an order by which it was compelled to restore a prison inmate's gain time, based on this court's decision in Buffa v. Singletary, 652 So.2d 885 (Fla.App. 1st DCA), dismissed, 658 So.2d 989 (Fla.1995). Because the department is questioning the ruling in Buffa, and we conclude that we should recede from that decision, this case is being considered en banc by the court's criminal division pursuant to Florida Rule of Appellate Procedure 9.331(b).

The prison inmate in this case received a sentence which included a three year minimum mandatory term under section 775.087(2), Florida Statutes (1985). During this three year period the inmate received a prison disciplinary report for possession of escape paraphernalia, and the department then forfeited gain time which had been awarded on the remainder of the sentence beyond the minimum mandatory term. The inmate sought mandamus in the circuit court, and despite the court's apparent agreement with the department's position that such a forfeiture is permitted under the governing statutes and rules, the court felt constrained by the decision in Buffa and therefore granted relief.

Like the present case, Buffa involved a forfeiture of gain time in connection with disciplinary action during a minimum mandatory term of imprisonment under section 775.087(2). Because the statute precluded basic gain time eligibility during such a minimum mandatory term, the Buffa court reasoned that the inmate had no basic gain time credit against which a forfeiture might apply. However, after further consideration and in light of the department's explication of the gain time methodology, it appears that Buffa was predicated on a misapprehension as to the gain time and forfeiture process. While Buffa referred to a forfeiture of unearned gain time, inmates 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...

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21 practice notes
  • Childers v. State, No. 1D03-2154.
    • United States
    • Court of Appeal of Florida (US)
    • June 28, 2006
    ...(en banc decision released by workers' compensation division without antecedent publication of panel decision); Singletary v. Jones, 681 So.2d 836 (Fla. 1st DCA 1996) (en banc decision released by criminal division without antecedent publication of panel The constitutional propriety and pra......
  • Childers v. State, No. 1D03-2154.
    • United States
    • Court of Appeal of Florida (US)
    • June 28, 2006
    ...(en banc decision released by workers' compensation division without antecedent publication of panel decision); Singletary v. Jones, 681 So.2d 836 (Fla. 1st DCA 1996) (en banc decision released by criminal division without antecedent publication of panel The constitutional propriety and pra......
  • Vaughan v. Jones, Case No. 3:18cv141-LC/CAS
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Northern District of Florida
    • September 20, 2018
    ...under section 944.28, Florida Statutes and therefore, subject to forfeiture upon revocation of release. See Singletary v. Jones, 681 So. 2d 836 (Fla. 1st DCA 1996).Petitioner was received by the Florida Department of Corrections on November 6, 1991, having been sentenced in the Circuit Cour......
  • Vantage Healthcare Corp. v. Agency for Health Care Admin., No. 96-1437
    • United States
    • Court of Appeal of Florida (US)
    • January 27, 1997
    ...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 DCA 1996); Marrero v. Dep't of Professional Regulation, 622 So.2d 1109, 1111 (Fla. 1st DCA 1993); Decarion v. Martinez, 537 So.2d 1......
  • Request a trial to view additional results
21 cases
  • Childers v. State, No. 1D03-2154.
    • United States
    • Court of Appeal of Florida (US)
    • June 28, 2006
    ...(en banc decision released by workers' compensation division without antecedent publication of panel decision); Singletary v. Jones, 681 So.2d 836 (Fla. 1st DCA 1996) (en banc decision released by criminal division without antecedent publication of panel The constitutional propriety and pra......
  • Childers v. State, No. 1D03-2154.
    • United States
    • Court of Appeal of Florida (US)
    • June 28, 2006
    ...(en banc decision released by workers' compensation division without antecedent publication of panel decision); Singletary v. Jones, 681 So.2d 836 (Fla. 1st DCA 1996) (en banc decision released by criminal division without antecedent publication of panel The constitutional propriety and pra......
  • Vaughan v. Jones, Case No. 3:18cv141-LC/CAS
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Northern District of Florida
    • September 20, 2018
    ...under section 944.28, Florida Statutes and therefore, subject to forfeiture upon revocation of release. See Singletary v. Jones, 681 So. 2d 836 (Fla. 1st DCA 1996).Petitioner was received by the Florida Department of Corrections on November 6, 1991, having been sentenced in the Circuit Cour......
  • Vantage Healthcare Corp. v. Agency for Health Care Admin., No. 96-1437
    • United States
    • Court of Appeal of Florida (US)
    • January 27, 1997
    ...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 DCA 1996); Marrero v. Dep't of Professional Regulation, 622 So.2d 1109, 1111 (Fla. 1st DCA 1993); Decarion v. Martinez, 537 So.2d 1......
  • Request a trial to view additional results

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