OTIS FRANKLIN WILLIAMS v. FLORIDA DEPARTMENT OF CORRECTIONS

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA OTIS FRANKLIN WILLIAMS NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appellant, v. CASE NO. 1D02-1586 FLORIDA DEPARTMENT OF CORRECTIONS Appellee. _____________________________/ Opinion filed July 21, 2003. An appeal from Circuit Court for Leon County. William L. Gary, Judge. Otis F. Williams, pro se. Charlie Crist, Attorney General; Philip A. Fowler, Assistant Attorney General, Tallahassee, for appellee. PER CURIAM. Appellant challenges an order dismissing his petition for writ of mandamus which among other things sought review of a disciplinary action resulting in loss of gain time. The circuit court dismissed appellant s action for failure to comply with section 58.085(2), Florida Statutes, the Prisoner Indigency Statute, regarding waiver of prepayment of court costs and fees for indigent prisoners. After the trial court issued its order, the supreme court in Schmidt v. Crusoe, 28 Fla. L. Weekly S367 (Fla. May 1, 2003), motion for reh g filed, No. SC00-2512 (Fla. May 21, 2003), held that a prisoner who challenges loss of gain time as a result of a disciplinary action (a collateral criminal proceeding) is exempt from the requirements of the Prisoner Indigency Statute and is instead subject to the requirements of section 57.081(a), Florida Statutes (2001). We, therefore, reverse and remand for the trial court to conduct further proceedings consistent with the dictates of Schmidt. WOLF, C.J., ERVIN and BENTON, JJ., CONCUR. 2

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