
    Anthony CARACCIOLO, Appellant, v. Harry K. SINGLETARY, Jr., Appellee.
    No. 97-3200.
    District Court of Appeal of Florida, First District.
    Nov. 30, 1998.
    Anthony Caracciolo, Appellant, Pro Se.
    Robert A. Butterworth, Attorney General, and Caryl S. Kilinski, Assistant Attorney General, Tallahassee, for Appellee.
   PER CURIAM.

The dismissal of appellant’s petition for writ of mandamus is affirmed. However, while we agree that the petition was frivolous, the language which states that appellant is subject to forfeiture of gaintime pursuant to sections 944.279 and 944.28(2)(a), Florida Statutes (1996), is stricken. It is undisputed that the petition was filed well before the July 1, 1996, effective date of those statutes.

JOANOS, ALLEN and WEBSTER, JJ., concur.  