“Day-for-Day” vs. “85%”: Will You Get Gain Time on a Mandatory Sentence?

By: John Guidry

If I had a nickel for every time I was asked, “How much gain time am I getting?” I could buy a park-hopper pass to Disney. Sure, we try to keep our clients out of prison entirely. But when the worst-case scenario creeps up, you need to know exactly how long you will be gone.

The General Rule (The 85% Rule): Under Florida Statute 944.275, most prisoners are eligible for Incentive Gain Time.

• The Math: You can earn up to a 15% discount off your sentence for good behavior.
• The Result: On a 10-year sentence, you generally serve 8.5 years.

The Trap: Not all sentences are created equal. The Florida Legislature loves Minimum Mandatory sentences. But does a “Mandatory” sentence still get the 15% discount? It depends entirely on the charge.

Is the prosecutor offering you a “3-Year Min Man”?

Make sure you know if it’s 85% or 100%. Call John today at (407) 423-1117.

The “Good” Mandatories (Eligible for Gain Time)

believe it or not, some Minimum Mandatory sentences do allow for gain time.

• Trafficking (Cocaine, Heroin, Meth): If you get a 3-year minimum mandatory for Trafficking, you are generally eligible for the 15% gain time.
  • Case Law: In Mastay v. McDonough (2006), the court ruled that because the legislature removed specific language prohibiting gain time from the trafficking statute, these inmates can earn their 15% off.

So, a 3-year Trafficking sentence might actually be served in roughly 30.6 months (85%).

The “Bad” Mandatories (No Gain Time / Day-for-Day)

Other statutes are written differently. They explicitly state: “Defendant is not eligible for statutory gain-time.” If convicted of these, you serve 100% of the mandatory time. Day-for-day.

Common “Day-for-Day” Charges:

1. Possession of a Firearm by a Convicted Felon: The 3-year minimum mandatory here is absolute. No gain time. You do 3 full years.
2. Fleeing and Eluding (Causing Injury): This 3-year minimum mandatory specifically prohibits gain time.
3. 10-20-Life (Firearm Offenses): If you are sentenced under the 10-20-Life statute (e.g., possessing a gun during a robbery), you serve every single day of that 10 years.

John’s 2026 Update: Fentanyl & “Truth in Sentencing”

Note: In 2006, Trafficking got gain time. In 2026, Fentanyl laws have changed the game.

1. The Fentanyl Exception While Cocaine Trafficking still allows for 85%, Fentanyl Trafficking often does not.

• The 2026 Law: Recent amendments have targeted opioids. If you are convicted of “Death by Distribution” or Trafficking in Fentanyl (over certain amounts), new statutes require 100% time served. Be very careful assuming the Mastay rule applies to opioids.

2. The “First Step” Disappointment Clients often ask about the “First Step Act” (Federal Law) which releases prisoners early.

• The Reality: That is a Federal law. It does not apply to Florida State Prison. Florida abolished Parole decades ago. Unless the Governor grants clemency (rare), there is no “early release” beyond the 15% gain time.

3. County Jail “Good Time” If we can keep your sentence in the County Jail (sentences under 1 year), the math is much better.

• The Difference: County jails often give 5 days credit per month (approx 15-20% off), and “Trustee Status” (working in the kitchen/laundry) can earn even more. We fight to keep sentences at “364 days” in County rather than “1 year and a day” in Prison to maximize this gain time.

Don’t Do the Math Alone

The difference between 85% and 100% can be years of your life. Do not sign a plea deal until you know exactly how the Department of Corrections will calculate your release date.

Call me at (407) 423-1117. Let’s run the numbers.

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.