“DOC Math”: How to Make the Department of Corrections Count Every Single Day

By: John Guidry

We knew this, right? Sometimes, Florida’s high-and-mighty Department of Corrections (DOC) likes to tell prisoners what they’re getting for time served. This isn’t usually a problem until there’s a disagreement.

• The Myth: DOC always wins.
• The Reality: DOC is often wrong. There is hope.

Let’s look at the case of Steven Howard, a man who fought the DOC’s bad math and won.

Is the DOC refusing to give you credit for time you already served?

Don’t let them steal your time. Call John today at (407) 423-1117.

The Case: Howard v. State (The Waiting Game)

The Facts: Steven Howard was adjudicated guilty of forgery and theft in Polk County. Like many of my clients, he struggled with probation (probation is tough; who can blame him?).

• The Sentence: After violating probation, he was sentenced to the Bridges of America drug treatment program.
• The Delay: There were no beds available. Howard sat in the county jail for months, simply waiting for a spot to open up at the drug rehab.
• The Failure: Eventually, he got in, but he failed the program twice. The Judge then revoked his probation and sentenced him to 50 months in prison.

The Dispute: The DOC calculated his release date but denied him credit for the months he spent in jail waiting for the Bridges bed.

• The DOC’s Argument: They claimed that time was just “waiting for placement,” not part of his prison sentence.
• The Trial Court: Agreed with the DOC! The judge reasoned that his “sentence” was technically over while he waited, so it didn’t count.

The Ruling: Jail is Jail

Fortunately, the Second District Court of Appeal disagreed. In Howard v. State, 23 So. 3d 1273 (Fla. 2d DCA 2010), the Court ordered the DOC to fix their math.

• The Logic: If the only reason Howard was in a cell was because the State didn’t have a bed ready for him, that is a “coercive deprivation of liberty.”
• The Result: Howard was given credit for every single day he spent waiting.

The Lesson: Never assume the DOC’s release date is correct. They often “forget” to count time spent in county jails, transfer centers, or holding facilities. A lawyer can file a specific motion to force them to recount.

John’s 2026 Update: The “GPS Waiting Room” Trap

Note: In 2010, Howard was stuck in jail. In 2026, the State saves money by keeping you at home—and that’s the trap.

1. The GPS “Virtual Waiting Room” Because jails are overcrowded in 2026, Judges now order defendants to wait for treatment beds at home on GPS ankle monitors.

• The Trap: Under Florida law, time spent on an ankle monitor DOES NOT count as jail credit.
• The Consequence: If you sit at home for 6 months waiting for a bed, then fail the program and go to prison, you get Zero Credit for those 6 months. You essentially served that time for free.
• The Strategy: We fight to keep you in the county jail (even though it sucks) if we know a prison sentence is likely, just so you bank the credit.

2. Private Prison “Administrative Delays” Many treatment centers are now privately owned.

• The Scam: We have seen cases where facilities “lose” paperwork to delay your entry, keeping you in their billing cycle longer.
• The Fix: We file a Writ of Mandamus. This is a court order forcing the DOC or the facility to do their job now, preventing them from wasting your time to pad their profits.

3. Automated Release Dates (AI Errors) The DOC now uses automated software to calculate release dates based on “Gain Time” algorithms.

• The Reality: The software frequently glitches on complex cases involving “Split Sentences” (half jail, half treatment). We have to manually audit the calculation and force a human review.

Make Them Count the Days

Doesn’t it make you feel good to see a court order the DOC to do something? I feel good. But they won’t do it unless you ask.

Call me at (407) 423-1117. Let’s do the math.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.