Can I Get Gain Time on a Minimum Mandatory Sentence in Florida?

BY: John Guidry II

If you’re facing a minimum mandatory prison sentence in Florida, one of the most important questions is, “Will I have to serve every single day, or can I get out early with gain time?” The answer is a frustrating and confusing “yes and no.”

Eligibility for gain time (early release for good behavior) has nothing to do with the length of your minimum mandatory sentence. It depends entirely on the specific Florida Statute that governs your criminal charge. As a general rule, most inmates in the Florida Department of Corrections are eligible for “gain time,” allowing them to serve approximately 85% of their sentence if they maintain good behavior. This is governed by Florida Statute 944.275.

Facing a Minimum Mandatory Sentence in Orlando? Understanding your true release date is critical. The law is complex, and you need an accurate assessment. Call my office for a review of the specific statute in your case. Call John Guidry: (407) 423-1117

Gain Time Eligibility: It’s All in the Statute

The best way to understand this is to compare different charges. A 3-year minimum mandatory for one crime might be eligible for gain time, while a 3-year minimum for another must be served day-for-day.

Charges Often ELIGIBLE for Gain Time Even though these sentences have a “minimum mandatory,” the law allows for gain time to be applied, meaning you can serve approximately 85% of the sentence.

• ALL Drug Trafficking Offenses: This is the best news for many. Whether it’s a 3, 7, 15, or 25-year minimum mandatory for drug trafficking, every single one is eligible for gain time.
• Sale & Delivery of Cocaine (near a park/church): The 3-year minimum mandatory for this offense is eligible for gain time. You could be out in roughly two and a half years.

Charges NOT ELIGIBLE for Gain Time (Day-for-Day Sentences) For these offenses, the law explicitly forbids gain time. “Minimum mandatory” means you serve every single day.

• 10-20-LIFE Firearm Enhancements: Any sentence imposed under the 10-20-LIFE gun law—whether it’s the 10-year, 20-year, or life sentence—is not eligible for gain time.
• Aggravated Fleeing and Eluding with Serious Injury: The 3-year minimum mandatory for this charge must be served day-for-day.
• Lewd & Lascivious Molestation (on a child under 12): This carries a whopping 25-year minimum mandatory sentence. Actually, most crimes under Fl. Stat. 800.04 are not eligible for gain time.

The bottom line is that the specific law you are charged under dictates your release date. A person with a 25-year minimum for molestation can get out early, while someone with a 3-year minimum for aggravated fleeing cannot. It often defies logic.

John’s Takeaways

• “Minimum Mandatory” does not always mean you serve 100% of the sentence day-for-day.
• Gain time eligibility depends entirely on the specific Florida Statute for your crime, not the length of the mandatory term.
• A huge piece of good news: All drug trafficking minimum mandatory sentences in Florida are eligible for gain time.
• A harsh reality: Any charge sentenced under the 10-20-LIFE gun law is NOT eligible for gain time and must be served day-for-day.
• An accurate picture of the time you truly face requires an attorney with a deep understanding of Florida’s complex and often contradictory sentencing statutes.

I have been defending clients against these serious felony charges in Orange, Seminole, Osceola, Lake, Brevard, and Volusia County since 1993. If you need a clear understanding of the time you are facing, call my office. I hope this helps.

If you’d like more information on how drug trafficking cases are handled in Orlando, you should check out more information found here: https://www.jgcrimlaw.com/practice-areas/drug-crimes/drug-trafficking/

For those of you that prefer to watch a video, I’ve got some excellent information on YouTube, out my video entitled “Drug Trafficking Charge Dismissed” and “Arrested for Drug Trafficking?“

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.