BERRIOS v. DEPARTMENT OF CORRECTIONS (2021)

District Court of Appeal of Florida, First District.

Mark BERRIOS, Petitioner, v. DEPARTMENT OF CORRECTIONS, Respondent.

No. 1D20-1565

Decided: December 29, 2021

Mark Berrios, pro se, Petitioner. Lance Eric Neff, General Counsel, and Beverly Brewster, Assistant General Counsel, Florida Department of Corrections, Tallahassee, for Respondent.

The petition for writ of certiorari is denied on the merits. See Baranko v. Wainwright, 448 So. 2d 1067, 1069 (Fla. 1st DCA 1984) (explaining that the Department of Corrections may apply gain-time only when an award of gain-time is authorized by statute); see also Duncan v. Moore, 754 So. 2d 708, 712 (Fla. 2000) (explaining that “[e]qual protection is not violated merely because some persons are treated differently than other persons;” instead equal protection requires only “that persons similarly situated be treated similarly”).

Per Curiam.

Rowe, C.J., and Osterhaus and Winokur, JJ., concur.

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