Victory over the Florida Department of Corrections Could Affect Hundreds of Inmates in Florida Convicted of Sex Offenses

The Law Offices of Gilbert A. Schaffnit recently came out victorious against the Florida Department of Corrections in a Habeas Petition in Jackson County, Florida.

The client had been convicted of “Attempted” Lewd and Lascivious with a Minor. While the client was in prison, the FDOC refused to award him incentive gain-time because of Florida Statutes, §944.275. This Statute prohibits FDOC from allotting incentive gain-time for certain sex offenses. The issue is that the Statute does not specifically include attempted offenses. FDOC interpreted the Statute to include attempted offenses unilaterally.

The client retained Mr. Schaffnit to file a Petition for Writ of Habeas Corpus, which was granted on January 13, 2022. In this Order, the Honorable Ana M. Garcia, Circuit Judge, held that the plain language of the Statute does not include attempted offenses and Ordered that the FDOC award the client the appropriate amount of incentive gain-time.

As a result, the client will be eligible for immediate release from FDOC. This Order could affect hundreds of other inmates in the FDOC who are being denied their incentive gain-time for attempted offenses. It is a big victory against an overreaching FDOC.