The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 947
FLORIDA COMMISSION ON OFFENDER REVIEW; CONDITIONAL RELEASE; CONTROL RELEASE; PAROLE

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F.S. 947.173

947.173 Review of presumptive parole release date.—

(1) An inmate may request one review of his or her initial presumptive parole release date established according to s. 947.16(1) if the inmate shows cause in writing, with individual particularities, within 60 days after the date the inmate is notified of the decision on the presumptive parole release date.

(2) A panel of no fewer than two commissioners appointed by the chair shall review the inmate’s request for review and shall notify the inmate in writing of its decision within 60 days after the date of receipt of the request by the commission.

(3) The commission may affirm or modify the authorized presumptive parole release date. However, in the event of a decision to modify the presumptive parole release date, in no case shall this modified date be after the date established under the procedures of s. 947.172. It is the intent of this legislation that, once set, presumptive parole release dates be modified only for good cause in exceptional circumstances.

History.—s. 14, ch. 78-417; s. 8, ch. 79-42; s. 196, ch. 79-164; s. 12, ch. 82-171; s. 34, ch. 83-131; s. 37, ch. 86-183; s. 67, ch. 88-122; s. 17, ch. 89-531; s. 20, ch. 90-337; s. 1, ch. 93-2; s. 8, ch. 93-61; s. 20, ch. 96-422; s. 1874, ch. 97-102.

F.S. 947.173 on Google Scholar

F.S. 947.173 on Casetext

Amendments to 947.173

Arrestable Offenses / Crimes under Fla. Stat. 947.173

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 947.173.

Annotations, Discussions, Cases:

Cases from cite.case.law:

E. JONES, v. FLORIDA PAROLE COMMISSION,, 787 F.3d 1105 (11th Cir. 2015)

. . . . §§ 947.16(4), 947.172(3), 947.173(3) (1978); McKahn v. Fla. Parole and Prob. . . . Stat. §§ 947.16(4), 947.172(3), 947.173(3) (1978). Mr. . . .

THORNE, v. DEPARTMENT OF CORRECTIONS, 36 So. 3d 805 (Fla. Dist. Ct. App. 2010)

. . . Section 947.173(1), Florida Statutes, provides: An inmate may request one review of his or her initial . . .

TOOMA, v. FLORIDA PAROLE COMMISSION,, 612 F. Supp. 2d 1255 (S.D. Fla. 2009)

. . . . § 947.173(3). . . . the judge, such objection may constitute good cause in exceptional circúm'stances as described in s. 947.173 . . . the judge, such objection may constitute good cause in exceptional circumstances as described in s. 947.173 . . .

ROTH, v. CROSBY,, 884 So. 2d 407 (Fla. Dist. Ct. App. 2004)

. . . Our record is unclear as to whether Roth exhausted his administrative remedies pursuant to section 947.173 . . .

GAINES, v. FLORIDA PAROLE COMMISSION,, 743 So. 2d 118 (Fla. Dist. Ct. App. 1999)

. . . the judge, such objection may constitute good cause in exceptional circumstances as described in s. 947.173 . . .

GOMEZ, v. K. SINGLETARY, Jr. v. K. Jr. v. K. Jr. v. K. Jr. v. K. Jr., 733 So. 2d 499 (Fla. 1998)

. . . See, e.g., §§ 947.165, 947.173, 947.174, Fla. Stat. . . .

L. MEOLA, v. DEPARTMENT OF CORRECTIONS, L. v. K. v. K., 732 So. 2d 1029 (Fla. 1998)

. . . See §§ 947.002(2), 947.165, 947.172, 947.173, 947.174, 947.1745, 947.1746, Fla. Stat. (1995). . . . .

J. HARPER, v. FLORIDA PAROLE COMMISSION,, 626 So. 2d 336 (Fla. Dist. Ct. App. 1993)

. . . . §§ 947.16(5) & 947.173(3), Fla.Stat. (1991); Hester v. . . .

WILLIAMS, v. FLORIDA PAROLE COMMISSION,, 625 So. 2d 926 (Fla. Dist. Ct. App. 1993)

. . . interviews, Williams filed several requests for review and reduction of his PPRD pursuant to section 947.173 . . . the Commission declined to change the PPRD, and Williams petitioned for review pursuant to section 947.173 . . . Pursuant to 947.173, F.S., the Commission reviewed your appeal of the 6/6/90 Commission action which . . . Florida Parole and Probation Comm’n, 543 So.2d 367 (Fla. 1st DCA 1989); §§ 947.16(5), and 947.173(3), . . . Under sections 947.173 and 947.1745(4) the judge’s objection to release is “good cause in exceptional . . .

FLORIDA PAROLE COMMISSION, v. J. PADOVANO, FLORIDA PAROLE COMMISSION, v. P. DAVEY,, 554 So. 2d 1200 (Fla. Dist. Ct. App. 1989)

. . . .-165, 947.172, and 947.173, Florida Statutes, in establishing PPRDs. . . .

SWANSON, v. FLORIDA PAROLE AND PROBATION COMMISSION,, 548 So. 2d 269 (Fla. Dist. Ct. App. 1989)

. . . Sections 947.16(5), 947.173(3), Florida Statutes (1987); cf. . . .

TAYLOR, v. FLORIDA PAROLE AND PROBATION COMMISSION,, 543 So. 2d 367 (Fla. Dist. Ct. App. 1989)

. . . good cause in exceptional circumstances’’ thus, authorizing modification of appellant’s PPRD under § 947.173 . . . Section 947.173, Fla.Stat. (1987). . . . .

GATTIS, v. FLORIDA PAROLE PROBATION COMMISSION,, 535 So. 2d 640 (Fla. Dist. Ct. App. 1988)

. . . the court, such objection may constitute good cause in exceptional circumstances as described in s. 947.173 . . .

FLORIDA PAROLE AND PROBATION COMMISSION, v. G. DORNAU,, 534 So. 2d 789 (Fla. Dist. Ct. App. 1988)

. . . Dornau requested review under section 947.173, asserting that the Commission had violated section 947.1745 . . . time of the initial interview” or “good cause in exceptional circumstances” (sections 947.16(5) and 947.173 . . .

L. WILLIAMS, v. FLORIDA PAROLE AND PROBATION COMMISSION,, 515 So. 2d 1044 (Fla. Dist. Ct. App. 1987)

. . . Under sections 947.16(4) and 947.173(3), F.S., a PPRD may be changed or modified only on the basis of . . .

CARR v. FLORIDA PAROLE AND PROBATION COMMISSION, 25 Fla. Supp. 2d 160 (Fla. Div. Admin. Hearings 1986)

. . . (PPRDs) for all inmates in the custody of the State of Florida who meet the requirements of Section 947.173 . . .

FLORIDA PAROLE AND PROBATION COMMISSION, v. CUNARD,, 490 So. 2d 88 (Fla. Dist. Ct. App. 1986)

. . . . §§ 947.16(4) and 947.173(3), Fla.Stat.; Florida Parole and Probation Commission v. . . . See: §§ 947.16(4) and 947.173(3), Fla.Stat. (1981); Jackson v. . . . that Jackson’s initial “PPRD should remain his PPRD, even though he was not paroled on that date.” § 947.173 . . .

J. RUZICKA, v. FLORIDA PAROLE AND PROBATION COMMISSION,, 480 So. 2d 190 (Fla. Dist. Ct. App. 1985)

. . . Appellant sought relief under section 947.173, Florida Statutes, which was denied on July 14, 1983. . . .

BELL, v. FLORIDA PAROLE AND PROBATION COMMISSION, G. C. I., 473 So. 2d 23 (Fla. Dist. Ct. App. 1985)

. . . petition is denied because (1) the challenge of the thirty-two-month aggravation is time-barred, section 947.173 . . .

SWAIN, v. FLORIDA PAROLE AND PROBATION COMMISSION,, 464 So. 2d 190 (Fla. Dist. Ct. App. 1985)

. . . Appellant sought review of the Commission’s decision, pursuant to section 947.173, Florida Statutes, . . .

FLORIDA PAROLE AND PROBATION COMMISSION, v. H. PAIGE,, 462 So. 2d 817 (Fla. 1985)

. . . . §§ 947.16(4), 947.173(3); Jackson v. . . .

P. GAINES, v. FLORIDA PAROLE AND PROBATION COMMISSION,, 463 So. 2d 1181 (Fla. Dist. Ct. App. 1985)

. . . Section 947.173(3), Florida Statutes (1983), provides, in relevant part: It is the intent of this legislation . . . Section 947.16(4) and section 947.173(3), Florida Statutes (1983), clearly prohibit modifying a prisoner . . .

ZATLER, v. STATE, 457 So. 2d 1083 (Fla. Dist. Ct. App. 1984)

. . . established, is binding on the Commission except for good cause in exceptional circumstances, section 947.173 . . . Section 947.173(3) provides: The commission may affirm or modify the authorized presumptive parole release . . .

E. PASCHAL, v. L. WAINWRIGHT,, 738 F.2d 1173 (11th Cir. 1984)

. . . The Commission’s decision could be changed upon administrative, id. at § 947.173 (1983 Supp.), or judicial . . .

LOBO, v. FLORIDA PAROLE AND PROBATION COMMISSION,, 433 So. 2d 622 (Fla. Dist. Ct. App. 1983)

. . . If the inmate requests review of his presumptive parole release date pursuant to Sec. 947.173, Florida . . . Sec. 947.173, Florida Statutes (1981). . . .

EVERSON, v. FLORIDA PAROLE PROBATION COMMISSION,, 431 So. 2d 238 (Fla. Dist. Ct. App. 1983)

. . . Appellant timely filed his § 947.173, Fla.Stat. review request, pointing out that assault with intent . . .

COLLINS, v. FLORIDA PAROLE AND PROBATION COMMISSION,, 441 So. 2d 645 (Fla. Dist. Ct. App. 1983)

. . . it is identical to the issue raised by Collins and considered by the Commission at his first section 947.173 . . .

E. JACKSON, v. FLORIDA PAROLE AND PROBATION COMMISSION,, 429 So. 2d 1306 (Fla. Dist. Ct. App. 1983)

. . . to Jackson and the other petitioners in Gobie, to grant each petitioner a review pursuant to section 947.173 . . .

B. FARBER, v. FLORIDA PAROLE AND PROBATION COMMISSION,, 427 So. 2d 1016 (Fla. Dist. Ct. App. 1983)

. . . .” § 947.173(3), Fla.Stat. (1981). . . .

KIRSCH, v. A. GREADINGTON, J., 425 So. 2d 153 (Fla. Dist. Ct. App. 1983)

. . . alleges he has exhausted his administrative remedies, he does not allege he sought and received a § 947.173 . . . jurisdiction of this court by filing his petition within 30 days of the Commission action at his § 947.173 . . .

E. JACKSON, v. FLORIDA PAROLE AND PROBATION COMMISSION,, 424 So. 2d 930 (Fla. Dist. Ct. App. 1983)

. . . Parole and Probation Commission, 416 So.2d 838 (Fla. 1st DCA 1982) (ordering the Commission to grant § 947.173 . . . See §§ 947.16(4) and 947.173(3), Fla.Stat. (1981); McKahn v. . . . PPRD is outside the scope of the objective parole guidelines, in that it violates §§ 947.16(4) and 947.173 . . .

A. PANNIER, v. L. WAINWRIGHT,, 423 So. 2d 533 (Fla. Dist. Ct. App. 1982)

. . . required by section 947.172(3), Florida Statutes (1981), and without good cause, contrary to section 947.173 . . .

JOHNSON, v. FLORIDA PAROLE AND PROBATION COMMISSION,, 423 So. 2d 480 (Fla. Dist. Ct. App. 1982)

. . . Following the initial interview in 1979, appellant sought Commission review, pursuant to Section 947.173 . . .

MYERS, v. FLORIDA PAROLE AND PROBATION COMMISSION,, 423 So. 2d 481 (Fla. Dist. Ct. App. 1982)

. . . observe that Myers failed to seek review of his PPRD within the sixty-day period pursuant to Section 947.173 . . .

GONZALES, v. FLORIDA PAROLE AND PROBATION COMMISSION,, 421 So. 2d 675 (Fla. Dist. Ct. App. 1982)

. . . Because he failed to seek review of the Commission’s action within 60 days as required by Section 947.173 . . .

J. ARLOTTA, v. FLORIDA PAROLE AND PROBATION COMMISSION,, 419 So. 2d 1159 (Fla. Dist. Ct. App. 1982)

. . . the Florida Parole and Probation Commission (Commission) for its consideration during Arlot-ta’s § 947.173 . . . Section 947.173(1), Fla.Stat. (1981), requires the inmate to set forth “in writing, with individual particularities . . . with factual predicates relied upon by the Commission in its action, he should have done so at his § 947.173 . . .

L. MOATS, v. FLORIDA PAROLE AND PROBATION COMMISSION,, 419 So. 2d 775 (Fla. Dist. Ct. App. 1982)

. . . established, is binding upon the Commission except for good cause in exceptional circumstances (Section 947.173 . . . notwithstanding its prior determination of a PPRD (which, incidentally, it modified pursuant to a Section 947.173 . . . Commission’s initial determination of petitioner’s PPRD, except for his request for review under Section 947.173 . . . This date became “established” in our view, within the meaning and intent of Section 947.173(3), Florida . . . It was only after appellant filed his request for review, under Section 947.173, that the Commission . . .

McCLAIN, v. FLORIDA PAROLE AND PROBATION COMMISSION,, 416 So. 2d 1209 (Fla. Dist. Ct. App. 1982)

. . . Fla.Stat. (1981), of the Florida Parole and Probation Commission’s (Commission) refusal to grant a § 947.173 . . . We find that those cases are not applicable to § 947.173(1) review requests of Commission biennial action . . . In both Canter and Hall, supra, the inmates had sought and received § 947.173 reviews of the establishment . . . See § 947.173, Fla. Stat. (1981), and Fla.Admin.Code Rule 23-21.12. . . . at the § 947.173 review of biennial action may be properly before the court. . . .

J. GOBIE, v. FLORIDA PAROLE AND PROBATION COMMISSION, JACKSON, v. FLORIDA PAROLE AND PROBATION COMMISSION, LOGAN, v. FLORIDA PAROLE AND PROBATION COMMISSION,, 416 So. 2d 838 (Fla. Dist. Ct. App. 1982)

. . . Section 947.173(1), Fla.Stat. (1981), provides that an inmate may seek review of the Commission action . . . In two of the cases before us, no § 947.173 review was sought; in the third, the review was sought but . . . We therefore, direct the Commission to grant § 947.173 reviews to these three petitioners, setting forth . . . Section 947.173 reviews should be granted when the Commission acts to establish a PPRD, as in the situation . . . We are of the opinion that the 60-day time limit in § 947.173(1), Fla.Stat. (1981), is not jurisdictional . . .

ZYGADLO, v. FLORIDA PAROLE AND PROBATION COMMISSION,, 414 So. 2d 600 (Fla. Dist. Ct. App. 1982)

. . . Subsequently, petitioner filed for and received a review under Section 947.173(1), Florida Statutes ( . . . review petitioner’s file and establish a PPRD using the guidelines in effect at petitioner’s Section 947.173 . . .

SWAIN, v. FLORIDA PAROLE AND PROBATION COMMISSION,, 414 So. 2d 1100 (Fla. Dist. Ct. App. 1982)

. . . The action of the Commission declining to review the issues raised by appellant at his § 947.173, Fla . . .

W. GERLOCK, v. FLORIDA PAROLE AND PROBATION COMMISSION,, 411 So. 2d 1386 (Fla. Dist. Ct. App. 1982)

. . . mandamus asks us to order the Florida Parole and Probation Commission (Commission) to: (1) comply with § 947.173 . . . Additionally, we are of the view that Section 947.16(4) should be considered in pari materia with Section 947.173 . . .

BIZZIGOTTI, v. FLORIDA PAROLE PROBATION COMMISSION,, 410 So. 2d 1360 (Fla. Dist. Ct. App. 1982)

. . . Nor do we find any basis for the Commission to invoke the provisions of Section 947.173(3), permitting . . . Commission’s action verifies, that upon receipt of appellant’s application for review under Section 947.173 . . . Appellant timely filed his request for review under Section 947.173, pointing out with particularity . . . Section 947.173(1), and the corresponding rule, Rule 23-16.051(3), Florida Administrative Code, provide . . . Appellant shall have the right of review, under Section 947.173, of any revised ruling by the Commission . . .

LAW, v. FLORIDA PAROLE AND PROBATION COMMISSION, DAVIS, v. FLORIDA PAROLE AND PROBATION COMMISSION,, 411 So. 2d 1329 (Fla. Dist. Ct. App. 1982)

. . . The Objective Parole Guidelines Act, § 947.173(1), Fla.Stat. (1981), provides a procedure for Commission . . . orders when those orders were clearly reviewable according to the statutorily prescribed procedure, § 947.173 . . . PPRD; he would have been able to have his PPRD reviewed by the Commission had he sought review via § 947.173 . . . This exceeds the 60-day time limit provided in § 947.173(1). . . . .

JENRETTE, v. L. WAINWRIGHT,, 410 So. 2d 575 (Fla. Dist. Ct. App. 1982)

. . . Additionally, we are of the opinion that Section 947.16(4) should be considered in pari materia with Section 947.173 . . .

CANTER, v. FLORIDA PAROLE AND PROBATION COMMISSION,, 409 So. 2d 227 (Fla. Dist. Ct. App. 1982)

. . . was actually seeking a second review of his PPRD which had already been reviewed by it under Section 947.173 . . . agree with the Commission’s position that appellant has no right to seek a second review under Section 947.173 . . . Appellant sought review pursuant to Section 947.173(1), Florida Statutes (1979), alleging that the Commission . . . Section 947.173, Florida Statutes (1979). . . . binding effect of the PPRD established, as held in McKahn, supra, are found in Sections 947.16(4), and 947.173 . . .

HOLMAN, Jr. v. FLORIDA PAROLE AND PROBATION COMMISSION,, 407 So. 2d 638 (Fla. Dist. Ct. App. 1981)

. . . petitioner alleges that the Commission reviewed his presumptive parole release date pursuant to Section 947.173 . . .

B. JORDAN, v. FLORIDA PAROLE AND PROBATION COMMISSION,, 403 So. 2d 591 (Fla. Dist. Ct. App. 1981)

. . . See § 947.173, Fla.Stat. (1979). . . .

McKAHN, v. FLORIDA PAROLE AND PROBATION COMMISSION,, 399 So. 2d 476 (Fla. Dist. Ct. App. 1981)

. . . delineated under Section 947.16(4), or exceptional circumstances for good cause permitted by Section 947.173 . . .

DANIELS, v. FLORIDA PAROLE AND PROBATION COMMISSION,, 401 So. 2d 1351 (Fla. Dist. Ct. App. 1981)

. . . Commission’s final order, confirming the established presumptive parole release date pursuant to Section 947.173 . . . that may be raised on appeal are limited to those issues presented to the Commission in the Section 947.173 . . . rendition period specified by Section 120.59 must be harmonized with the time frame stated in Section 947.173 . . .

FLORIDA INSTITUTIONAL LEGAL SERVICES, INC. v. FLORIDA PAROLE AND PROBATION COMMISSION,, 391 So. 2d 247 (Fla. Dist. Ct. App. 1980)

. . . employed in Section 947.172(2) and “good cause in exceptional circumstances” as employed in Section 947.173 . . .

GORDON, v. FLORIDA PAROLE AND PROBATION COMMISSION,, 382 So. 2d 798 (Fla. Dist. Ct. App. 1980)

. . . Administrative remedies under Florida Statutes, § 947.173 have been exhausted. . . .

DODD, v. FLORIDA PAROLE PROBATION COMMISSION, 380 So. 2d 556 (Fla. Dist. Ct. App. 1980)

. . . Section 947.173, Fla.Stat., provides for administrative review, upon request, of presumptive parole release . . .

W. PRIDGEN, v. FLORIDA PAROLE COMMISSION,, 380 So. 2d 557 (Fla. Dist. Ct. App. 1980)

. . . Section 947.173, Fla.Stat., provides for administrative review, upon request within 60 days, of presumptive . . .

E. PANZAVECCHIA, v. CROCKETT,, 379 So. 2d 1047 (Fla. Dist. Ct. App. 1980)

. . . complains that respondents have refused to review petitioner’s notice of appeal filed under Section 947.173 . . .

POLK, v. CROCKETT,, 379 So. 2d 369 (Fla. Dist. Ct. App. 1980)

. . . alleged, but no record is provided, nor does the petition show that administrative remedies under Section 947.173 . . .

ANDERSON, v. FLORIDA PROBATION AND PAROLE COMMISSION,, 378 So. 2d 861 (Fla. Dist. Ct. App. 1979)

. . . Section 947.173, F.S.A. (1978), provides for administrative review of presumptive release date determinations . . .

DODD, v. FLORIDA PAROLE PROBATION COMMISSION, 378 So. 2d 309 (Fla. Dist. Ct. App. 1979)

. . . Section 947.173, Florida Statutes, provides for an administrative review, upon request, of presumptive . . .

L. HOUSTON, v. FLORIDA PAROLE PROBATION COMMISSION, 377 So. 2d 34 (Fla. Dist. Ct. App. 1979)

. . . Section 947.173, Fla.Stat., provides for an administrative review, upon request, of presumptive parole . . .