Florida Department of Corrections v. Rico
Florida Department of Corrections v. Rico
975 So. 2d 632; 2008 Fla. App. LEXIS 3015; 2008 WL 584977
(Southern Reporter, Second Series)
Florida Department of Corrections v. Rico
Opinion of the Court
The Department of Corrections seeks certiorari review of a circuit court order directing it to award respondent gain time. As this court has recognized, the sentencing court lacks authority to award gain time to state prisoners, as this is a matter within the exclusive province of the Department of Corrections. See Fla. Dep’t of Corr. v. Martinez, 873 So.2d 537 (Fla. 4th DCA 2004); Crosby v. Harvey, 861 So.2d 102, 102 (Fla. 4th DCA 2003).
Therefore, we grant the petition for writ of certiorari and quash the circuit court’s order.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.