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HB 907 2026
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hb907-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to incentive gain-time; amending s. 2
921.002, F.S.; conforming provisions to changes made 3
by the act; amending s. 944.275, F.S.; authorizing the 4
award of incentive gain-time for inmates who attain 5
vocational certificates or complete educational or 6
rehabilitation programs, who participate in vocational 7
or workforce preparedness programs, or who use time 8
constructively and commit to rehabilitation; requiring 9
an inmate to serve a minimum of 65 percent of his or 10
her sentence for a nonviolent felony and 85 percent 11
for an offense other than a nonviolent felony; 12
providing an effective date. 13
14
Be It Enacted by the Legislature of the State of Florida: 15
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Section 1. Paragraph (e) of subsection (1) of section 17
921.002, Florida Statutes, is amended to read: 18
921.002 The Criminal Punishment Code.—The Criminal 19
Punishment Code shall apply to all felony offenses, except 20
capital felonies, committed on or after October 1, 1998. 21
(1) The provision of criminal penalties and of limitations 22
upon the application of such penalties is a matter of 23
predominantly substantive law and, as such, is a matter properly 24
addressed by the Legislature. The Legislature, in the exercise 25
HB 907 2026
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
of its authority and responsibility to establish sentencing 26
criteria, to provide for the imposition of criminal penalties, 27
and to make the best use of state prisons so that violent 28
criminal offenders are appropriately incarcerated, has 29
determined that it is in the best interest of the state to 30
develop, implement, and revise a sentencing policy. The Criminal 31
Punishment Code embodies the principles that: 32
(e) The sentence imposed by the sentencing judge reflects 33
the length of actual time to be served, shortened only by the 34
application of incentive and meritorious gain-time as provided 35
by law, and may not be shortened if the defendant would 36
consequently serve less than the required percentage 85 percent 37
of his or her term of imprisonment as provided in s. 944.275(4). 38
The provisions of chapter 947, relating to parole, shall not 39
apply to persons sentenced under the Criminal Punishment Code. 40
Section 2. Paragraphs (e) and (f) of subsection (4) of 41
section 944.275, Florida Statutes, are redesignated as 42
paragraphs (h) and (i), respectively, present paragraph (f) is 43
amended, and new paragraphs (e), (f), and (g) are added to that 44
subsection, to read: 45
944.275 Gain-time.— 46
(4) 47
(e) Notwithstanding the monthly maximum awards of 48
incentive gain-time under subparagraphs (b)1., 2., and 3., the 49
department may grant an award of 60 to 180 additional days of 50
HB 907 2026
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
vocational or workforce preparedness incentive gain-time to an 51
inmate who is otherwise eligible and who successfully completes 52
requirements for and is, or has been during the current 53
commitment, awarded a vocational certificate not resulting in 54
credit under paragraph (d), or who completes any other career or 55
workforce preparedness or technical education program, including 56
the prison entrepreneurship program. The department may also 57
grant an award of 30 to 90 days to an inmate who completes an 58
educational or rehabilitation program not resulting in credit 59
under paragraph (d) or this paragraph, including, but not 60
limited to, a drug, behavioral health, or mental health 61
treatment program, a life skills program, a reentry program, or 62
any character-based program. 63
(f) Notwithstanding the monthly maximum awards of 64
incentive gain-time under subparagraphs (b)1., 2., and 3., the 65
department may grant up to 5 days per month of vocational or 66
workforce preparedness incentive gain-time for each month in 67
which an inmate participates in a vocational or workforce 68
preparedness program as designated by the department. Under no 69
circumstances may an inmate receive vocational or workforce 70
preparedness incentive gain-time under this subsection of more 71
than 15 percent of the sentence imposed for that inmate. 72
(g) Notwithstanding the monthly maximum awards of 73
incentive gain-time under subparagraphs (b)1., 2., and 3., the 74
department may grant up to three additional incentive gain-time 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
awards of up to 60 days each to an inmate who has used his or 76
her time constructively and demonstrated a diligent commitment 77
to rehabilitation considering the availability and accessibility 78
of education, work assignments, workforce preparation training, 79
and other programming in the inmate's place, or places, of 80
incarceration. 81
(i)(f) An inmate who is subject to subparagraph (b)3. is 82
not eligible to earn or receive gain-time under paragraph (a), 83
paragraph (b), paragraph (c), or paragraph (d), paragraph (e), 84
paragraph (f), or paragraph (g) or any other type of gain-time 85
in an amount that would cause a sentence to expire, end, or 86
terminate, or that would result in a prisoner's release, before 87
prior to serving a minimum of 65 percent of the sentence imposed 88
for a nonviolent felony as defined in s. 948.20(1), or 85 89
percent of the sentence imposed for an offense other than a 90
nonviolent felony as defined in s. 948.20(1). For purposes of 91
this paragraph, credits awarded by the court for time physically 92
incarcerated shall be credited toward satisfaction of the 93
applicable minimum percentage 85 percent of the sentence 94
imposed. Except as provided by this section, a prisoner may not 95
accumulate further gain-time awards at any point when the 96
tentative release date is the same as that date at which the 97
prisoner will have served the applicable minimum percentage 85 98
percent of the sentence imposed. State prisoners sentenced to 99
life imprisonment shall be incarcerated for the rest of their 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
natural lives, unless granted pardon or clemency. 101
Section 3. This act shall take effect July 1, 2026. 102