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Florida Statute 947.005 - Full Text and Legal Analysis
Florida Statute 947.005 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 947.005 Case Law from Google Scholar Google Search for Amendments to 947.005

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 947
FLORIDA COMMISSION ON OFFENDER REVIEW; CONDITIONAL RELEASE; CONTROL RELEASE; PAROLE
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947.005 Definitions.—As used in this chapter, unless the context clearly indicates otherwise:
(1) “Authority” means the Control Release Authority.
(2) “Child care facility” has the same meaning as provided in s. 402.302.
(3) “Commission” means the Florida Commission on Offender Review.
(4) “Department” means the Department of Corrections.
(5) “Effective parole release date” means the actual parole release date as determined by the presumptive parole release date, satisfactory institutional conduct, and an acceptable parole plan.
(6) “Park” has the same meaning as provided in s. 775.215.
(7) “Playground” has the same meaning as provided in s. 775.215.
(8) “Presumptive parole release date” means the tentative parole release date as determined by objective parole guidelines.
(9) “Provisional release date” means the date projected for the prisoner’s release from custody as determined pursuant to 1s. 944.277.
(10) “Qualified practitioner” means a social worker, a mental health counselor, or a marriage and family therapist licensed under chapter 491 who, as determined by rule of the respective board, has the coursework, training, qualifications, and experience to evaluate and treat sexual offenders; a psychiatrist licensed under chapter 458 or chapter 459; or a psychologist licensed under chapter 490.
(11) “Risk assessment” means an assessment completed by an independent qualified practitioner to evaluate the level of risk associated when a sex offender has contact with a child.
(12) “Safety plan” means a written document prepared by the qualified practitioner, in collaboration with the sex offender, the child’s parent or legal guardian, and, when appropriate, the child, which establishes clear roles and responsibilities for each individual involved in any contact between the child and the sex offender.
(13) “School” has the same meaning as provided in s. 775.215.
(14) “Secretary” means the Secretary of Corrections.
(15) “Tentative release date” means the date projected for the prisoner’s release from custody by virtue of gain-time granted or forfeited pursuant to s. 944.275(3)(a).
History.—s. 3, ch. 78-417; s. 101, ch. 79-3; s. 2, ch. 81-322; s. 34, ch. 83-131; ss. 24, 37, ch. 86-183; ss. 14, 66, 67, ch. 88-122; s. 1, ch. 89-526; ss. 11, 17, ch. 89-531; s. 20, ch. 90-337; s. 1, ch. 93-2; s. 1, ch. 2005-67; s. 7, ch. 2007-200; s. 8, ch. 2007-209; s. 9, ch. 2010-92; s. 40, ch. 2014-191.
1Note.—Repealed by s. 32, ch. 93-406.

F.S. 947.005 on Google Scholar

F.S. 947.005 on CourtListener

Amendments to 947.005


Annotations, Discussions, Cases:

Cases Citing Statute 947.005

Total Results: 8  |  Sort by: Relevance  |  Newest First

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James Dwight Thomas v. James Crosby, 371 F.3d 782 (11th Cir. 2004).

Cited 158 times | Published | Court of Appeals for the Eleventh Circuit | 2004 U.S. App. LEXIS 10367, 2004 WL 1162208

...Following his extradition from New York in 1993, Florida dropped the charge. 3 Under Florida law, a prisoner’s “presumptive parole release date” is his “tentative parole release date as determined by objective parole guidelines.” Fla. Stat. Ann. § 947.005(4) 13 PPRD 120 months away from his effective incarceration date,4 as required by Florida’s standard parole determination matrix, then moving that date back an additional 240 months due...
...n . . . .”). 7 An “effective parole release date” is “the actual parole release date as determined by the presumptive parole release date, satisfactory institutional conduct, and an acceptable parole plan.” Fla. Stat. Ann. § 947.005(5) (West 2001). 14 erred in pushing back his PPRD 240 months based on his New York convictions.8 He based these claims on Florida law and did not expressly allege any federal constitution...
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Parole Com'n v. Cooper, 701 So. 2d 543 (Fla. 1997).

Cited 22 times | Published | Supreme Court of Florida | 22 Fla. L. Weekly Supp. 582, 1997 Fla. LEXIS 1456, 1997 WL 589297

...ual or violent habitual offender, is to be released on the inmate's tentative or provisional release date subject to specific terms and conditions. "Tentative release date" is the date projected for a prisoner's release due to accumulated gain-time. § 947.005(6), Fla. Stat. (1991). "Provisional release date" is the date projected for a prisoner's release pursuant to the statute under which provisional credits are granted. § 947.005(7), Fla....
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State of Florida v. Budry Michel, 257 So. 3d 3 (Fla. 2018).

Cited 9 times | Published | Supreme Court of Florida

...is not a legal sentence under Florida’s Criminal Punishment Code. A PPRD is merely one segment of the Commission’s parole process; by definition, the PPRD is only “a tentative parole release date as determined by objective parole guidelines.” § 947.005(8), Fla....
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Florida Parole Comm'n v. Spaziano, 48 So. 3d 714 (Fla. 2010).

Cited 7 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 582, 2010 Fla. LEXIS 1730, 2010 WL 4007636

...Under section 947.172(2), Florida Statutes, the hearing examiner's recommendation of a PPRD is to be based on objective parole guidelines and "any other competent evidence relevant to aggravating and mitigating circumstances." § 947.172(2), Fla. Stat.; see also § 947.005(5), Fla....
...(2009) (emphasis added). The significance of a properly calculated PPRD is apparent when it is viewed within the statutory scheme for progressing to the next critical step in the parole process, determination of the inmate's "effective parole release date." Section 947.005(5), Florida Statutes (2009), defines "[e]ffective parole release date" as " the actual parole release date as determined by the presumptive parole release date, satisfactory institutional conduct, and an acceptable parole plan." § 947.005(5), Fla....
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State v. McKenzie, 574 So. 2d 1176 (Fla. 5th DCA 1991).

Cited 1 times | Published | Florida 5th District Court of Appeal | 1991 WL 15557

...Those state agencies include the Department of Corrections ( see, sections 944.02(2) and 945.01(2), Florida Statutes) which administers statutes relating to crediting sentences with gain time (section 944.275) and provisional credits (section 944.277) and the Parole Commission (section 947.005(1)) which administers statutory parole provisions as Judge Sharp has explored and explained in her opinion....
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State of Florida v. Budry Michel (Fla. 2018).

Published | Supreme Court of Florida

...is not a legal sentence under Florida’s Criminal Punishment Code. A PPRD is merely one segment of the Commission’s parole process; by definition, the PPRD is only “a tentative parole release date as determined by objective parole guidelines.” § 947.005(8), Fla....
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Wesley v. State, 848 So. 2d 1231 (Fla. 2d DCA 2003).

Published | Florida 2nd District Court of Appeal | 2003 Fla. App. LEXIS 10303, 2003 WL 21536969

...However, these additional sentences do not affect the analysis here. .This is his "tentative release date,” the date projected for release from custody by virtue of gain time granted or forfeited pursuant to section 944.275(3)(a), Florida Statutes (1989). See § 947.005(6), Fla....
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Farber v. Florida Parole & Prob. Comm'n, 427 So. 2d 1016 (Fla. 1st DCA 1983).

Published | Florida 1st District Court of Appeal | 1983 Fla. App. LEXIS 18648

as determined by objective parole guidelines.” § 947.005(4), Fla.Stat. (1981) (e.s.). For the first time

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