No. The 65% law for prisoners in Florida has not passed. The most recent version, House Bill 907, died in the House Criminal Justice Subcommittee on March 13, 2026, without ever reaching a floor vote.1Florida Senate. HB 907 Incentive Gain-time Florida inmates must still serve at least 85% of their sentences before becoming eligible for release.
What HB 907 Would Have Done
House Bill 907 was sponsored by Representatives Long and Hart-Lowman. It proposed a two-tier system. People convicted of nonviolent felonies would have had to serve 65% of their sentence instead of 85%. People convicted of violent or other felonies would have stayed at 85%.1Florida Senate. HB 907 Incentive Gain-time
The bill also expanded how inmates could earn gain-time credits. Under HB 907, credits would have been available for completing vocational certificates, participating in educational or rehabilitation programs, enrolling in workforce preparedness training, and demonstrating what the bill called constructive use of time and a diligent commitment to rehabilitation.1Florida Senate. HB 907 Incentive Gain-time The proposed effective date was July 1, 2026.
A related Senate bill, SB 818, filed by Senator Truenow and focused on education in the criminal justice system, died in the Senate Criminal Justice Committee on the same day HB 907 died in the House subcommittee.1Florida Senate. HB 907 Incentive Gain-time
Why the Bill Failed Again
HB 907 was not the first attempt to lower Florida’s 85% requirement, and its fate followed a well-worn pattern. In 2025, House Bill 183 proposed revisions to gain-time rules covering outstanding deed credits, good behavior time, and rehabilitation credits. It also died in the Criminal Justice Subcommittee.2Florida Senate. HB 183 Criminal Rehabilitation In 2021, Senate Bill 1032, sponsored by Senator Keith Perry, passed out of the Senate Criminal Justice Committee but died in the Appropriations Committee without a full Senate vote.3Florida Senate. CS/SB 1032 Criminal Convictions
These bills tend to clear an initial hearing and then stall. Opposition typically comes from law enforcement groups and prosecutors, who argue that reducing time served weakens the deterrent effect of sentencing. Some prosecutors have also raised a practical concern: if gain-time credits become more generous, prosecutors may respond by seeking longer sentences in plea deals, potentially offsetting the reform’s benefits.4The Florida Bar. Gain Time Reform Passes Out of Senate Criminal Justice Committee
Some Florida legislators on both sides of the aisle have acknowledged that the research does not strongly support the 85% rule as a public safety measure, but that acknowledgment has not translated into votes.4The Florida Bar. Gain Time Reform Passes Out of Senate Criminal Justice Committee
The 85% Rule Still Applies
Florida law requires inmates to serve at least 85% of their imposed sentence before release, regardless of gain-time credits earned. This applies to all felony offenses sentenced under the Criminal Punishment Code, which covers offenses committed on or after October 1, 1998. The statute states that a sentence “may not be shortened if the defendant would consequently serve less than 85 percent of his or her term of imprisonment.”5Florida Senate. Florida Statutes 921.002 – The Criminal Punishment Code
The gain-time statute, Florida Statute 944.275, reinforces that floor. No combination of gain-time credits can cause a sentence to expire or result in release before an inmate has served 85% of the sentence imposed. Time credited by the court for prior physical incarceration counts toward the 85% calculation.6Online Sunshine. Florida Statutes 944.275 – Gain-time
Would a Future 65% Law Help Current Inmates?
Even if a future version of this bill passes, whether it would apply to people already serving sentences is a separate legal question. Florida’s gain-time statute specifies that the rate of incentive gain-time in effect on the date an inmate committed the offense “shall be the inmate’s rate of eligibility to earn incentive gain-time throughout the period of incarceration and shall not be altered by a subsequent change.”6Online Sunshine. Florida Statutes 944.275 – Gain-time In plain terms, the gain-time rules that applied when the offense was committed follow the inmate through the entire sentence.
So a new 65% law would likely benefit only people sentenced after its effective date, unless the legislature explicitly wrote retroactive application into the bill. HB 907 did not include retroactive language. For inmates currently serving under the 85% rule, a change in the law alone would not automatically shorten their sentences. Separate legislation or an explicit retroactivity provision would be needed, and retroactive sentencing relief faces even steeper political opposition than prospective reform.
How to Track the Next Attempt
Gain-time reform bills have been filed in at least three consecutive sessions, so another attempt in 2027 or beyond would not be surprising. The Florida Senate website lets you search by keyword, bill number, or subject and shows the complete history of any bill, including committee assignments, amendments, and votes.7Florida Senate. Bill List The Florida House maintains a similar tool.8Florida House of Representatives. Bills for the Regular Session 2026 Searching “gain-time” or “incentive gain-time” will pull up relevant filings.
The Florida Department of Corrections publishes its administrative rules under Title 33, which would reflect any changes to gain-time calculations if a reform bill eventually becomes law.9Florida Department of Corrections. Title 33 – Department of Corrections Rules Even after a bill is signed, implementation through updated administrative rules can take additional time before any inmate sees a practical change in a release date. Whether the next version of the bill clears the Criminal Justice Subcommittee, where these proposals have consistently died, is the open question.