Fla. Admin. Code Ann. R. 33-603.402 - Basic Gain Time

The Department of Corrections will award deductions from a sentence in the form of basic gain time to encourage satisfactory inmate behavior.

(1) Ineligibility.

(a) No inmate shall be eligible to receive or accumulate basic gain time:

1. For the mandatory minimum portion of a sentence imposed pursuant to Section 775.087(2), Florida Statutes, for an offense committed on or after October 1, 1976 involving use or possession of a firearm, machine gun, or destructive device as defined in Section 775.087, Florida Statutes;

2. For the minimum portion of a sentence imposed pursuant to Section 893.13(1)(e), Florida Statutes (1989), for a specified drug-related offense committed on or after June 27, 1989 but prior to January 1, 1994, in, on, or within 1, 000 feet of a school;

3. If sentenced as a habitual felony offender or a habitual violent felony offender under Section 775.084(4), Florida Statutes, for an offense which occurred on or after October 1, 1988;

4. If sentenced under Section 893.13 (1)(i)1., Florida Statutes (1991), for a specified drug-related offense committed prior to January 1, 1994 in, on, or within 200 feet of real properties described in Section 893.13, Florida Statutes;

5. If serving a sentence with no definite term, that is, a life sentence or death sentence;

6. For the period of time remaining in any treatment program placement term imposed under Section 953.11, Florida Statutes;

7. If sentenced for any degree of sexual battery specified under Section 794.011, Florida Statutes, for a crime committed on or after October 1, 1992;

8. If serving a sentence for a crime committed on or after January 1, 1994.

(b) An inmate shall not be eligible for basic gain time in an amount which would cause a sentence to expire prior to such inmate having served the minimum or mandatory minimum portion of a sentence imposed pursuant to:

1. Section 775.0823, Florida Statutes, for specified crimes committed prior to January 1, 1994 against a law enforcement or correctional officer or other officer defined in Section 943.10(1), (2), (3), (6), (7), (8), or (9), Florida Statutes, or any state attorney, or assistant state attorney on or after January 1, 1990, or against a judge or justice of a court described in Article V of the State Constitution on or after October 1, 1990;

2. Section 775.0875(1), Florida Statutes, for taking a firearm from a law enforcement officer while such officer was lawfully engaged in law enforcement duties in those instances where the offense was committed prior to January 1, 1994.

(c) An inmate shall not be eligible for basic gain time in an amount which would cause a sentence to expire prior to such inmate having served the period of time for which the court has retained jurisdiction pursuant to Section 947.16(4), Florida Statutes.

(2) Eligibility. Except for sentences of life or death, or sentences imposed for offenses committed on or after January 1, 1994, basic gain time credit will be awarded to all other cases unless specifically prohibited by applicable law.

(3) How credited. Basic gain time shall be calculated at the rate specified by law according to the date of offense and shall be based on the length of the sentence imposed. A portion of a month will be prorated on the basis of a 30-day month. Portions of any sentences to be served concurrently shall be treated as a single sentence when determining basic gain time.

(a) For offenses committed prior to July 1, 1978, basic gain time shall be awarded in the amount of 5 days per month for the first and second years of the sentence, 10 days per month for the third and fourth years of the sentence and 15 days per month for all succeeding years of the sentence, pursuant to Section 944.27 (1977), Florida Statutes.

(b) For offenses committed on or after July 1, 1978, but before January 1, 1994, basic gain time shall be awarded in the amount of 10 days for each month of the sentence imposed, pursuant to Section 944.275, Florida Statutes.

(c) In order to establish an initial tentative release date, basic gain time awards are made in a lump sum upon entry into the department's custody. For inmates serving a sentence with a minimum term as described in subparagraphs (1)(a)1. and 2., the lump sum award of basic gain time is limited to that portion of the sentence or sentences which exceeds the minimum term.

Notes

Fla. Admin. Code Ann. R. 33-603.402

Rulemaking Authority 794.011(7), 944.09, 944.275 FS. Law Implemented 944.09, 944.275 FS.

New 2-26-80, Amended 1-12-83, 1-31-85, Formerly 33-11.045, Amended 4-28-87, 12-18-88, 10-14-91, 3-23-93, 4-17-94, 3-24-96, Formerly 33-11.0045.

New 2-26-80, Amended 1-12-83, 1-31-85, Formerly 33-11.045, Amended 4-28-87, 12-18-88, 10-14-91, 3-23-93, 4-17-94, 3-24-96, Formerly 33-11.0045.