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Florida Statute 947.18 | Lawyer Caselaw & Research
F.S. 947.18 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 947.18

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
View Entire Chapter
F.S. 947.18
947.18 Conditions of parole.No person shall be placed on parole merely as a reward for good conduct or efficient performance of duties assigned in prison. No person shall be placed on parole until and unless the commission finds that there is reasonable probability that, if the person is placed on parole, he or she will live and conduct himself or herself as a respectable and law-abiding person and that the person’s release will be compatible with his or her own welfare and the welfare of society. No person shall be placed on parole unless and until the commission is satisfied that he or she will be suitably employed in self-sustaining employment or that he or she will not become a public charge. The commission shall determine the terms upon which such person shall be granted parole. If the person’s conviction was for a controlled substance violation, one of the conditions must be that the person submit to random substance abuse testing intermittently throughout the term of supervision, upon the direction of the correctional probation officer as defined in s. 943.10(3). In addition to any other lawful condition of parole, the commission may make the payment of the debt due and owing to the state under s. 960.17 or the payment of the attorney’s fees and costs due and owing to the state under s. 938.29 a condition of parole subject to modification based on change of circumstances. If the person’s conviction was for a crime that was found to have been committed for the purpose of benefiting, promoting, or furthering the interests of a criminal gang, one of the conditions must be that the person be prohibited from knowingly associating with other criminal gang members or associates, except as authorized by law enforcement officials, prosecutorial authorities, or the court, for the purpose of aiding in the investigation of criminal activity.
History.s. 14, ch. 20519, 1941; s. 4, ch. 77-452; s. 34, ch. 83-131; s. 2, ch. 83-256; s. 37, ch. 86-183; ss. 67, 72, ch. 88-122; s. 17, ch. 89-531; ss. 15, 20, ch. 90-337; s. 1, ch. 93-2; s. 4, ch. 96-232; s. 1875, ch. 97-102; s. 43, ch. 97-271; s. 135, ch. 2003-402; s. 22, ch. 2008-238.

F.S. 947.18 on Google Scholar

F.S. 947.18 on Casetext

Amendments to 947.18


Arrestable Offenses / Crimes under Fla. Stat. 947.18
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 947.18.



Annotations, Discussions, Cases:

Cases from cite.case.law:

L. SPRADLEY, v. PAROLE COMMISSION,, 198 So. 3d 642 (Fla. Dist. Ct. App. 2015)

. . . See § 947.18, Fla. Stat. (1998). The Commission thought not. Consequently, it denied Mr. . . . Code R. 23-21.015(6), (9); §§ 947.18,.1745(6). Almost a year later, Mr. . . . See §§ 947.18 (considerations for parole release), .1745(6) (seven-year review schedule). . . . determine whether the inmate meets the criteria for parole release under the provisions of Section 947.18 . . . determine whether the inmate meets the criteria for parole release under the provisions of Section 947.18 . . .

INMON, v. FLORIDA COMMISSION ON OFFENDER REVIEW,, 162 So. 3d 1114 (Fla. Dist. Ct. App. 2015)

. . . will depend upon the commission’s finding that the prisoner meets the conditions provided in section 947.18 . . .

O FRANKLIN, v. STATE, 141 So. 3d 210 (Fla. Dist. Ct. App. 2014)

. . . See §§ 947.002, 947.16, 947.18, Fla. Stat. (1981). . . . See §§ 947.002, 947.16(4), 947.18, Fla. Stat. . . .

THOMAS, v. FLORIDA PAROLE COMMISSION,, 107 So. 3d 517 (Fla. Dist. Ct. App. 2013)

. . . state the reasons for finding the inmate to be a poor candidate for parole release pursuant to Section 947.18 . . . released, Thomas would conduct himself as a respectable and law-abiding person as required by section 947.18 . . . Corrections record” was undertaken and the Commission reaffirmed its prior negative finding under section 947.18 . . .

BRADFORD, v. STATE PAROLE COMMISSION,, 93 So. 3d 1180 (Fla. Dist. Ct. App. 2012)

. . . continuation of its suspension of his Presumptive Parole Release Date and its conclusion, pursuant to section 947.18 . . .

B. HAWKINS, v. FLORIDA PAROLE COMMISSION,, 88 So. 3d 436 (Fla. Dist. Ct. App. 2012)

. . . Stat., not for the continued suspension pursuant to Section 947.18, Florida Statutes.” . . .

THORNE, v. CHAIRPERSON FLORIDA PAROLE COMMISSION, M., 427 F. App'x 765 (11th Cir. 2011)

. . . . § 947.18. . . .

ALDAY, v. FLORIDA PAROLE COMMISSION,, 58 So. 3d 327 (Fla. Dist. Ct. App. 2011)

. . . its unelaborated “reaffirmation” of its prior finding of a negative parole prognosis under section 947.18 . . .

FLORIDA PAROLE COMMISSION, v. SPAZIANO,, 48 So. 3d 714 (Fla. 2010)

. . . will depend upon the commission’s finding that the prisoner meets the conditions provided in section 947.18 . . .

MOGER, v. FLORIDA PAROLE COMMISSION,, 22 So. 3d 138 (Fla. Dist. Ct. App. 2009)

. . . , upon the Commission’s “Extraordinary Review” of the previous negative determination under section 947.18 . . .

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

. . . on “Unsatisfactory Institutional Conduct” or “Fail[ure] to make a positive finding as required by s. 947.18 . . . Institutional Conduct,” or the Commission's "Fail[ure] to make a positive finding as required by s. 947.18 . . . Stat. § 947.18 provides that: "[n]o person shall be placed on parole until and unless the commission . . .

In AMENDMENTS TO THE FLORIDA RULES OF CRIMINAL PROCEDURE, 998 So. 2d 1128 (Fla. 2008)

. . . other criminal gang members during community control or probation) and section 22 (amending section 947.18 . . .

GAUTHIER, v. MEKUSKER,, 186 F. App'x 903 (11th Cir. 2006)

. . . . § 947.18, which was enacted in 1941 and became a part of the Objective Parole Guidelines in 1978: No . . . See Fla.Stat. § 947.18. . . .

FLORIDA PAROLE COMMISSION, v. CHAPMAN,, 919 So. 2d 689 (Fla. Dist. Ct. App. 2006)

. . . an effective parole release date where the Commission fails to make a positive finding under section 947.18 . . .

WELSCH, v. STATE, 823 So. 2d 310 (Fla. Dist. Ct. App. 2002)

. . . properly exercising its discretion to determine that Paige did not meet the requirements of section 947.18 . . .

W. SANDERS, v. STATE FLORIDA PAROLE COMMISSION,, 756 So. 2d 236 (Fla. Dist. Ct. App. 2000)

. . . The Commission’s suspension order is based on that part of section 947.18, Florida Statutes (1971), which . . . See § 947.18, Fla. Stat. (1971). . . .

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

. . . will depend upon the commission’s finding that the prisoner meets the conditions provided in section 947.18 . . .

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

. . . Commission determine whether the inmate meets the “probable law-abiding citizen” test specified in section 947.18 . . .

L. A. HORSTED, v. FLORIDA PAROLE COMMISSION,, 673 So. 2d 891 (Fla. Dist. Ct. App. 1996)

. . . . § 947.18, Fla.Stat. (1993); Rule 23-21.001, et seq., Fla.Admin.Code (rules implementing statutory guidelines . . .

McCORVEY, v. FLORIDA PAROLE COMMISSION,, 625 So. 2d 1296 (Fla. Dist. Ct. App. 1993)

. . . The law is well settled that, pursuant to section 947.18, Florida Statutes, the Commission may decline . . .

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

. . . Commission and that he had been denied an effective parole release date (EPRD) pursuant to section 947.18 . . . this action, suspends inmate Williams’ presumptive parole release date of July 16, 1990, pursuant to 947.18 . . . Section 947.18, Florida Statutes, has vested the Commission with the ultimate discretion in determining . . . It is clear that section 947.18 gives the Parole Commission broad discretion to release or not release . . . First, the Commission contends that, since it is authorized to deny parole release under section 947.18 . . .

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

. . . That is, as section 947.18, Florida Statutes, gives the commission discretion as to which inmates are . . . The commission’s discretion as described in section 947.18 is not inconsistent with sections 947.165, . . .

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

. . . will depend upon the commission’s finding that the prisoner meets the conditions provided in section 947.18 . . .

A. DAMIANO a k a A. v. FLORIDA PAROLE AND PROBATION COMMISSION, 785 F.2d 929 (11th Cir. 1986)

. . . . § 947.18). . . .

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

. . . decision making, the Florida Supreme Court has reaffirmed that the Commission, pursuant to Section 947.18 . . . Section 947.18 provides, in relevant part: No person shall be placed on parole merely as a reward for . . . In this case, the trial court recognized that the supreme court in Paige construed Section 947.18 as . . . We find that this language, which paraphrases the provisions of Section 947.18, is sufficient to invoke . . . would be necessary, even in the absence of language which implicitly invokes the provisions of Section 947.18 . . .

JONAS, v. L. WAINWRIGHT,, 779 F.2d 1576 (11th Cir. 1986)

. . . . § 947.18. . . .

L. WAINWRIGHT, v. TAYLOR,, 476 So. 2d 669 (Fla. 1985)

. . . remedy only after an effective parole release date established pursuant to sections 947.174(6)(b) and 947.18 . . .

PAROLE PROBATION COMMISSION, v. BRUCE,, 471 So. 2d 7 (Fla. 1985)

. . . authorize a recommended effective parole release date, and thereby deny parole, pursuant to section 947.18 . . . In that case we held that section 947.18, Florida Statutes (1981), vests ultimate discretion in the Commission . . . Commission determined that it could not make a positive finding for parole release as required by section 947.18 . . .

CUNARD v. FLORIDA PAROLE AND PROBATION COMMISSION, 10 Fla. Supp. 2d 57 (Fla. Cir. Ct. 1985)

. . . Commission “may decline to authorize a recommended EPRD, and thereby deny parole pursuant to Section 947.18 . . . Paige did not qualify for parole under criteria established by Section 947.18, Florida Statutes. . . . In Paige, the inmate was denied parole pursuant to Section 947.18, Florida Statutes. Further, Mr. . . . If Respondent had denied Petitioner parole on the basis of Florida Statute 947.18, the issue before this . . . Respondent asserts on rehearing that it could have elected to invoke Section 947.18 and refused to parole . . .

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

. . . The Commission, thereafter, pursuant to section 947.18, Florida Statutes (1981), changed Paige’s presumptive . . . will be compatible with his own welfare and the welfare of society as required by Florida Statutes 947.18 . . . Section 947.18 provides: No person shall be placed on parole until and unless the commission shall find . . . The First District in Gobie emphasized that by retaining section 947.18 as a part of the Objective Parole . . . We held that the adoption and implementation of objective parole guidelines did not render section 947.18 . . . parole, especially in face of what appears to be a direct legislative mandate against it in section 947.18 . . . However, the issue presented to us is how section 947.18 can be construed in harmony with the other provisions . . . What, then, is the proper meaning and purpose of section 947.18 and how is it to operate? . . . Section 947.18 is to be interpreted in light of the remainder of the Objective Parole Guidelines Act. . . .

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

. . . . § 947.18 (1973). . . . See Fla.Stat.Ann. §§ 947.17(2); 947.18 (1973); Florida Probation and Parole Commission, Twenty-eighth . . . Fla.Stat.Ann. § 947.18 (1983 Supp.); see also Gobie v. . . . See Fla.Stat.Ann. § 947.18; see also, e.g., Rifai v. . . . Fla.Stat.Ann. § 947.18 (1983 Supp.). . . . .

BRUCE, v. FLORIDA PAROLE AND PROBATION COMMISSION L., 450 So. 2d 520 (Fla. Dist. Ct. App. 1984)

. . . Utilizing section 947.18, Florida Statutes (1981), the Commission later extended the PPRD to January . . . Its refusal to do so was based upon section 947.18, Florida Statutes (1981). . . . Rather, the limited discretion remaining with the Commission under the provisions of section 947.18 must . . .

MAY, v. FLORIDA PAROLE AND PROBATION COMMISSION,, 435 So. 2d 834 (Fla. 1983)

. . . , as May would have us, that the implementation of objective parole guidelines has rendered section 947.18 . . . will depend upon the commission’s finding that the prisoner meets the conditions provided in section 947.18 . . . a statutory right to gain time. . § 947.16(1), Fla.Stat. (1979). . § 947.165, Fla.Stat. (1979). . § 947.18 . . . It provides: 947.18 Conditions of parole. — No person shall be placed on parole merely as a reward for . . .

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

. . . Section 947.18, Florida Statutes, which was in effect at all times pertinent to this case, gives the . . .

H. PAIGE, v. FLORIDA PAROLE AND PROBATION COMMISSION,, 434 So. 2d 7 (Fla. Dist. Ct. App. 1983)

. . . Section 947.18, Florida Statutes (1981), gives the Florida Parole and Probation Commission ultimate discretion . . . discretion in concluding that the inmate does not qualify for release under the above-referred Section 947.18 . . . from according heavy weight to such factors in exercising its discretionary authority under Section 947.18 . . . In doing so, the Commission, however, pursuant to the provisions of section 947.18, Florida Statutes, . . . 1st DCA 1983), the limited discretion remaining with the Commission under the provisions of section 947.18 . . .

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

. . . days before that date, however, the Commission, relying on the limited discretion provided in Section 947.18 . . . Florida Parole and Probation Commission, 416 So.2d 838, 839 (Fla. 1st DCA 1982); Section 947.18, Florida . . . Rather, the Commission’s decision to deny parole by invoking section 947.18 will not be upheld unless . . . Parole and Probation Commission, 416 So.2d 838 (Fla. 1st DCA 1982), wherein we concluded that section 947.18 . . . We then directed the Commission, which had summarily denied parole on the basis of section 947.18 to . . .

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

. . . Additionally, § 947.18 requires the Commission to make a finding of reasonable probability that, if [ . . .

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

. . . supra, that prior to actually paroling an inmate, the Commission is required to make a finding under § 947.18 . . . that your release will be compatible with your own welfare and the welfare of society, as required by 947.18 . . . contemplated by chapter 947 and since the Commission has not promulgated rules governing its use of § 947.18 . . .

MAY, v. FLORIDA PAROLE AND PROBATION COMMISSION,, 424 So. 2d 122 (Fla. Dist. Ct. App. 1982)

. . . Section 947.18, Florida Statutes, which was in effect at all times pertinent to this case, gives the . . .

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

. . . remedy only after an effective parole release date established pursuant to sections 947.174(6)(b) and 947.18 . . .

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

. . . , it retained authority to reject the PPRD previously established by it on the authority of Section 947.18 . . . This court has recently interpreted and considered the effect of Section 947.18 in relation to the other . . . result would have been the same had the Commission simply declined, under the authority of Section 947.18 . . . Therefore, without suggesting any further limitation on the Commission’s authority under Section 947.18 . . . Section 947.18 “Conditions of parole” provides, in pertinent part: “No person shall be placed on parole . . .

BRITT, v. FLORIDA PAROLE PROBATION COMMISSION,, 417 So. 2d 1079 (Fla. Dist. Ct. App. 1982)

. . . . § 947.165 and § 947.18, Florida Statutes (1979). . . .

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)

. . . These three cases involve the Florida Parole and Probation Commission’s (Commission) invocation of § 947.18 . . . Section 947.18, Fla.Stat. (1981), gives the Commission ultimate discretion in deciding whether to parole . . . However, § 947.18 provides: “No person shall be placed on parole merely as a reward for good conduct . . . Section 947.18 was originally enacted by the Florida Legislature in 1941; it was adopted as part of the . . . In the three cases before us, the Commission has not only invoked § 947.18 to refuse to authorize EPRDs . . .

E. PURNELL, v. FLORIDA PAROLE AND PROBATION COMMISSION,, 409 So. 2d 1122 (Fla. Dist. Ct. App. 1982)

. . . See § 947.18, Florida Statutes. Petitioner relies upon James v. . . .

STATON, v. L. WAINWRIGHT G., 665 F.2d 686 (5th Cir. 1982)

. . . . § 947.18. The Commission’s discretionary function is apparent. . . .

BERRY, a v. STATE, 400 So. 2d 80 (Fla. Dist. Ct. App. 1981)

. . . and Probation Commission negligently paroled Rose in violation of the standard established in Section 947.18 . . .

BATTIS, Jr. v. FLORIDA PAROLE AND PROBATION COMMISSION,, 386 So. 2d 295 (Fla. Dist. Ct. App. 1980)

. . . Section 947.18, Florida Statutes (1979), states in pertinent part “that no person shall be placed on . . .

BURNETTE, v. STATE, 157 So. 2d 65 (Fla. 1963)

. . . The pertinent statutes on this subject are Sections 947.16, 947.17, 947.18, 947.19, Florida Statutes . . .

JAMES SELLERS v. FRANCIS BRIDGES, JAMES VOCELLE JOSEPH Y. CHENEY, L. F. CHAPMAN,, 153 Fla. 586 (Fla. 1943)

. . . Sec. 947.18 Florida Statutes, 1941. . . .

THE SCHOONER CONRAD. ELIZABETH Y. THOMPSON, v. THE UNITED STATES DAVID STEWART, v. THE SAME DAVID STEWART, v. THE SAME DAVID STEWART AND JOHN E. SEMMES, v. THE SAME DAVID STEWART AND JOHN E. SEMMES, v. THE SAME GEORGE W. RIDGELY, v. THE SAME DAVID STEWART, v. THE SAME ROBERT SHRIVER, v. THE SAME LOUISA T. CARROLL, v. THE SAME CUMBERLAND DUGAN, v. THE SAME NATHANIEL MORTON, v. THE SAME ELIZABETH MONTELL, v. THE SAME J. SAVAGE WILLIAMS, v. THE SAME ANTHONY GROVERMAN, v. THE SAME W. HALL HARRIS, v. THE SAME ANTHONY GROVERMAN, v. THE SAME JOHN W. JENKINS, v. THE SAME WILLIAM H. BRUNE, v. THE SAME DAVID STEWART, v. THE SAME CHARLES J. BONAPARTE, v. THE SAME MARY JANE THURSTON AND JAMES THURSTON, v. THE SAME DAVID STEWART, v. THE SAME, 37 Ct. Cl. 459 (Ct. Cl. 1902)

. . . . §947.17 Bedford & Morton. 947.17 Robert McKim. 947.18 Samuel Williams. 473. 59 Isaac Causten. 473.58 . . .