Supreme Court of Florida

The proper remedy for a prisoner to pursue in challenging a sentence-reducing credit determination by the Department of Corrections, where the prisoner has exhausted administrative remedies and is not alleging entitlement to immediate release, continues to be a mandamus petition filed in circuit court. The proper venue for a prisoner's challenge to a sentence-reducing credit determination by the Department, under such circumstances, continues to be in circuit court in Leon County, where the Department is located. Also, transfer rather than dismissal is the preferred remedy where improper venue is sought in a case involving a challenge to a sentence-reducing credit determination by the Department.

Appellate Information

• Decided 12/21/2006
• Published 12/21/2006

Judges

• PER CURIAM.

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• Hunter W. Carroll of Carlton and Carroll, P.A., Bradenton, FL and Christine R. Davis of Carlton Fields, P.A., Tallahassee, FL, for Petitioner.


• For Appellees:
  
• Charles J. Crist, Jr., Attorney General and Joy A. Stubbs, Assistant Attorney General, Tallahassee, FL, for Respondents.