CopyCited 32 times | Published | Florida 1st District Court of Appeal
...Procedure An inmate's appeal from final agency action taken by the Commission is governed by the Florida Rules of Appellate Procedure and Chapter 120, Florida Statutes. An inmate seeking review of the Commission's final order, [10] confirming the established presumptive parole release date pursuant to Section 947.173, Florida Statutes, must file a notice of appeal within 30 days....
...The record shall contain the Commission's final order and all documents considered by the Commission before entering its final order and used as a basis for its action. Section
120.68(5)(c), Fla. Stat. However, since the issues that may be raised on appeal are limited to those issues presented to the Commission in the Section
947.173 administrative review proceeding, only the documents that were considered by the Commission to determine those issues should be included in the record on appeal....
...nd 1975 Amendments, 29 U.Mi.L.Rev. 617, 682 (1975). [10] The order should conform to the requirements of Section 120.59, with the exception that the 90-day rendition period specified by Section 120.59 must be harmonized with the time frame stated in Section 947.173(2), requiring the Commission to notify the inmate of its decision within 60 days after the inmate requests it to review his presumptive parole release date.
CopyCited 29 times | Published | Court of Appeals for the Eleventh Circuit | 1984 U.S. App. LEXIS 19632
...If the examiner recommended a date outside the matrix range, he would have to explain the discrepancy in writing to the Commission. Id. The Commission could either accept the examiner’s recommended date or set a new one. Id. The Commission’s decision could be changed upon administrative, id. at § 947.173 (1983 Supp.), or judicial review, see e.g., Tobin v....
CopyCited 13 times | Published | Florida 1st District Court of Appeal | 1993 Fla. App. LEXIS 10537, 1993 WL 414240
...." The Commission approved the examiner's recommendation and set Williams's PPRD at July 16, 1990. During the ensuing eight years, in addition to the regularly scheduled interviews, Williams filed several requests for review and reduction of his PPRD pursuant to section 947.173, Florida Statutes, pointing out such things as his clean institutional disciplinary record, award of his high school diploma and certificates for completing various institutional programs in horticulture, small engines, outboard engin...
...rther reduction. (This health report was not made part of the court record in this case.) In November 1985, in response to another review request, the Commission explained: The Commission has reviewed your appeal pursuant to Florida Statute, Chapter 947.173, and found no cause to change your presumptive parole release date of July 16, 1990....
...inmate has an excellent history of program involvement as evidenced by his completion of required DOC programs and completion of Self Awareness and Stress Management." It denied any change in the PPRD, and Williams petitioned for review pursuant to section 947.173, representing, among other things, that he had "completed ALL the groups that the D.O.C....
...tment as evidenced by the awardment [sic] of the maximum amount of gain time, his disciplinary free status and a positive Mental Health Status Report." Again, the Commission declined to change the PPRD, and Williams petitioned for review pursuant to section 947.173, asserting, inter alia, that he had a positive mental health status report and had completed all institutional recommended groups, including psychological counseling....
...ings, the Commission changed his PPRD based on old information previously considered. He was denied relief by the Commission's order, dated July 27, 1990, which recited: The Commission did NOT change your Presumptive Parole Release Date. Pursuant to 947.173, F.S., the Commission reviewed your appeal of the 6/6/90 Commission action which suspended your presumptive parole release date....
...me information and reasoning in establishing his 1990 PPRD, and that there is no good cause or exceptional circumstance shown by the record that would justify the Commission's action to defer establishing his PPRD as the release date, as required by section 947.173....
...ed in the last interview that establishes good cause in exceptional circumstances. See Florida Parole and Probation Comm'n v. Paige,
462 So.2d 817; Taylor v. Florida Parole and Probation Comm'n,
543 So.2d 367 (Fla. 1st DCA 1989); §§
947.16(5), and
947.173(3), Fla....
...Paige,
462 So.2d 817. Nevertheless, the Commission's exercise of this delegated discretion cannot be arbitrary or capricious, for it must conform to the requirements of applicable statutes and rules setting objective guidelines. One of these requirements is found in section
947.173(3), stating that, "It is the intent of this legislation that, once set, presumptive parole release dates be modified only for good cause in exceptional circumstances." This provision is applicable to the decisional process leading to the suspension of an inmate's PPRD when the Commission denies an EPRD under section
947.18; this is made clear by the reference to section
947.173 found in subsection
947.1745(4). Section
947.1745(4) states that any objection by the sentencing court to an inmate's release on parole upon reaching his PPRD "may constitute good cause in exceptional circumstances as described in s.
947.173, and the commission may schedule a subsequent review within 2 years, extending the presumptive parole release date beyond that time." [14] See McKahn v....
...Finally, the Commission's letter to Judge Beverly regarding Williams's impending release on parole recites that copies of certain documents from his file were also transmitted for her consideration in deciding whether to make any objections to Williams's release. Under sections
947.173 and
947.1745(4) the judge's objection to release is "good cause in exceptional circumstances" that can warrant the Commission's decision to delay releasing Williams on parole....
...Within 30 days after receipt of the commission's notice, the sentencing court shall send to the commission notice of objection to parole release, provided the court objects to such release. If there is objection by the court, such objection may constitute good cause in exceptional circumstances as described in s. 947.173, and the commission may schedule a subsequent review within 2 years, extending the presumptive parole release date beyond that time....
...riate court, we have construed Williams's petition as alleging the Commission's suspension of his PPRD, and denial of an EPRD, in a manner that has illegally deprived him of the Commission's fair exercise of discretion to release him on parole. [13] Section 947.173(3), Florida Statutes (1989), provides: The commission may affirm or modify the authorized presumptive parole release date....
CopyCited 13 times | Published | Florida 1st District Court of Appeal | 1981 Fla. App. LEXIS 20095
...are "for reasons of institutional conduct or the acquisition of new information not available at the time of the initial interview." Section
947.16(4). Additionally, we are of the view that Section
947.16(4) should be considered in pari materia with Section
947.173(3), permitting the Commission to modify a parole release date "for good cause in exceptional circumstances." The record fails to show the applicability of any exceptional circumstance....
...quiring that the offense characteristic be placed in the category of "low moderate." Finally, in the absence of a showing of either the statutory exceptions delineated under Section
947.16(4), or exceptional circumstances for good cause permitted by Section
947.173(3), the Commission had no discretion to increase the salient factor score or add an aggravating factor after it had previously entered its order fixing a presumptive parole release date....
CopyCited 12 times | Published | Florida 1st District Court of Appeal | 1980 Fla. App. LEXIS 16898
...ort used by the Commission which the inmate generally has the opportunity neither to review nor rebut. An adequate explanation is thus imperative to determine the basis of any aggravation and prevent the improper use of certain factors. Furthermore, § 947.173, Florida Statutes, allows an inmate to request review of his presumptive parole release date if he "......
CopyCited 7 times | Published | Florida 3rd District Court of Appeal
...`for reasons of institutional conduct or the acquisition of new information not available at the time of the initial interview.' Section
947.16(4). Additionally, we are of the opinion that Section
947.16(4) should be considered in pari materia with Section
947.173(3), permitting the Commission to modify a parole release date `for good cause in exceptional circumstances.' The record fails to show the applicability of any exceptional circumstance....
CopyCited 7 times | Published | Florida 5th District Court of Appeal
...He contends that the Commission originally established his presumptive parole release date without any aggravating factors, and thereafter added such a factor without a written statement *534 as required by section
947.172(3), Florida Statutes (1981), and without good cause, contrary to section
947.173(3)....
CopyCited 6 times | Published | Florida 1st District Court of Appeal
...iscretion provided in the Objective Parole Guidelines Act. [3] In the three cases before us, the Commission has not only invoked §
947.18 to refuse to authorize EPRDs but has also established amended PPRDs and given written reasons for its actions. Section
947.173(1), Fla. Stat. (1981), provides that an inmate may seek review of the Commission action setting his PPRD. In two of the cases before us, no §
947.173 review was sought; in the third, the review was sought but has not been answered by the Commission. We therefore, direct the Commission to grant §
947.173 reviews to these three petitioners, [4] setting forth in writing explanations for its actions. Section
947.173 reviews should be granted when the Commission acts to establish a PPRD, as in the situation presented here....
...Florida Parole and Probation Commission,
401 So.2d 1351 (Fla. 1st DCA 1981), that inmates may appeal final agency action of the Commission pursuant to §
120.68, Fla. Stat. (1981). Accordingly, we deny these petitions, but order the Commission to grant §
947.173 reviews, should petitioners seek them....
...(1981), and Rule 23-21.15(5), Fla. Admin. Code, require the Commission to set forth its reasons in writing when it goes outside the matrix time range in setting a PPRD and when it refuses to authorize an EPRD. [4] We are of the opinion that the 60-day time limit in § 947.173(1), Fla....
...(1981), is not jurisdictional; under these circumstances, where the Commission has amended PPRDs to be set as much as 11 years beyond the previously established PPRDs, and done so no more than one month prior to the date presumed to be the parole release date, the inmates are entitled to § 947.173 reviews in order to rebut the information relied upon by the Commission to extend their PPRDs.
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 13 Fla. L. Weekly 2534, 1988 Fla. App. LEXIS 5091, 1988 WL 122622
...and requested that he do the same, and that he was "therefore objecting to this parole release." *791 In March 1987, the Commission extended Dornau's PPRD by ninety-six months, based upon the sentencing judge's letter. Dornau requested review under section
947.173, asserting that the Commission had violated section
947.1745(4) because it did not make a finding that the judge's objection constituted "good cause in exceptional circumstances" justifying extension of the PPRD, that the judge's lett...
...The Commission conceded that the PPRD may be changed only for "reasons of institutional conduct" or "the acquisition of new information not available at the time of the initial interview" or "good cause in exceptional circumstances" (sections
947.16(5) and
947.173(3)), but contended that the legislature clearly indicated that a sentencing court's written objection to parole release may constitute "good cause in exceptional circumstances" and that such an objection may be used by the Commission as a basis for extending the PPRD (sections 937.1745(4) and
947.165(1))....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1989 WL 49606
...Once a PPRD is set, it becomes binding on the Commission, and it is not to be changed except for reasons of institutional conduct, acquisition of new information not available at the time of the initial interview, or good cause in exceptional circumstances. Sections
947.16(5),
947.172(3) and
947.173(3); Fla....
...
510 So.2d at 996. The Commission also contends that the continuing nature of appellant's behavior as it relates to setting the latest PPRD constitutes "good cause in exceptional circumstances" thus, authorizing modification of appellant's PPRD under §
947.173(3)....
...iction." Fla. Admin. Code Rule 23-21.002(47). [2] We reject the "good cause in exceptional circumstances" basis because it applies only when the Commission modifies a PPRD upon an inmate's request for review, which it did not do in the present case. Section 947.173, Fla....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 10 Fla. L. Weekly 153, 1985 Fla. App. LEXIS 11899
...Section
947.16(4), Florida Statutes (1983), provides, in relevant part: [T]he presumptive parole release date may not be changed except for reasons of institutional conduct or the acquisition of new information not available at the time of the initial interview. Section
947.173(3), Florida Statutes (1983), provides, in relevant part: It is the intent of this legislation that, once set, presumptive parole release dates be modified only for good cause in exceptional circumstances....
...ished presumptive parole release date. Any subsequent return to incarceration shall require an initial interview to establish a presumptive parole release date. [emphasis added] We cannot agree with the Commission's contention. Section
947.16(4) and section
947.173(3), Florida Statutes (1983), clearly prohibit modifying a prisoner's PPRD absent new information, evidence of institutional conduct, or extraordinary circumstances....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1983 Fla. App. LEXIS 18424
...Jackson seeks judicial review of Florida Parole and Probation Commission (Commission) action affirming its extension of his presumptive parole release date (PPRD) 39 years. See Gobie, Jackson and Logan v. Florida Parole and Probation Commission,
416 So.2d 838 (Fla. 1st DCA 1982) (ordering the Commission to grant §
947.173 reviews to the three named petitioners)....
...However, by Commission action certified on December 11, 1981, his EPRD was not authorized and a new, extended PPRD of December 15, 2020, was established. [2] Three factors justify changing a PPRD: new information, institutional conduct, and extraordinary circumstances. See §§
947.16(4) and
947.173(3), Fla....
...Even the most recent escape charge was considered by the Commission when it extended his PPRD from September 26, 1980 to December 15, 1981. We conclude that the Commission action extending Jackson's PPRD is outside the scope of the objective parole guidelines, in that it violates §§
947.16(4) and
947.173(3)....
CopyCited 4 times | Published | Florida 1st District Court of Appeal
...n, this Court can treat the petition as a notice of appeal, see Fla.R.App.P. 9.040(c), and ultimately consider the cause on its merits. However, although petitioner alleges that the Commission reviewed his presumptive parole release date pursuant to Section 947.173, he fails to state the date of the Commission's final action....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2004 WL 2112644
...The circuit court correctly denied Roth's petition without prejudice for Roth to file a petition for a writ of mandamus directed against the Commission. Therefore, we affirm. [2] Affirmed. NORTHCUTT and VILLANTI, JJ., Concur. NOTES [1] Our record is unclear as to whether Roth exhausted his administrative remedies pursuant to section 947.173, Florida Statutes (1999), which he was required to do before seeking review of the Commission's action in the circuit court....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...We find that petitioner has unreasonably delayed in filing this petition and we deny the writ. Commissioner Howard wrote petitioner a letter dated November 20, 1980, stating that pursuant to his review request the Commission had reviewed his presumptive parole release date (PPRD) and found no cause to modify the date. See § 947.173, Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...at there has been final action and that he filed his petition within 30 days of that action, we permit an appeal to proceed. In this case, while Kirsch alleges he has exhausted his administrative remedies, he does not allege he sought and received a § 947.173 review of the Commission action extending his PPRD 13 months....
...Therefore, we dismiss this petition for writ of habeas corpus, without prejudice to petitioner to file for rehearing and affirmatively show he has invoked the jurisdiction of this court by filing his petition within 30 days of the Commission action at his § 947.173 review....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1982 Fla. App. LEXIS 19125
...request for review of his presumptive parole release date (PPRD). The appellee-Commission moved to dismiss the appeal as untimely, contending that appellant was actually seeking a second review of his PPRD which had already been reviewed by it under Section 947.173(1), Florida Statutes (1979), and affirmed by order entered some five months earlier. We agree with the Commission's position that appellant has no right to seek a second review under Section 947.173(1), and we further agree that since appellant did not seek review of the earlier establishment of his PPRD, his present appeal would be untimely for that purpose....
...d that even if considered by the Commission in its discretion, the information supplied by petitioner entitled him to no relief. The facts are that appellant's PPRD was initially established on September 10, 1980. Appellant sought review pursuant to Section 947.173(1), Florida Statutes (1979), alleging that the Commission erroneously aggravated him upon the assumption that for separate offenses he had received a consecutive probation term and a jail sentence, when in fact the probation term was to run concurrently with the jail sentence....
...it is pertinent to *229 elaborate upon the limited review of the PPRD process pursuant to the statute and rules of the Commission. A PPRD is established in accordance with Section
947.172, and the inmate is entitled to one review by the Commission. Section
947.173, Florida Statutes (1979). Only one request for review is allowed, and only one review is required. Both the statute Section
947.173(1) and the applicable rule (Rule 23-16.051(3), Florida Administrative Code), require the filing of a request for review with the Commission within sixty days after the date of establishment of the PPRD, and both the rule and the statu...
...Florida Parole and Probation Commission,
395 So.2d 197 (Fla. 1st DCA 1981); McKahn v. Florida Parole and Probation Commission,
399 So.2d 476 (Fla. 1st DCA 1981). The only exceptions to the binding effect of the PPRD established, as held in McKahn, supra, are found in Sections
947.16(4), and
947.173(3)....
...[3] These sections do not purport to provide for a second, alternative, or cumulative form of PPRD review. On one point, however, we disagree with the position taken by the Commission on this appeal. That is, we consider that the order of the trial court entered *230 subsequent to appellant's Section
947.173 review correcting an error in sentencing qualifies as "new information not available at the time of the initial interview" within the purview of Section
947.16(4), so as to furnish a basis for the Commission, in its discretion, to det...
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...We need not reach the remaining questions, which are whether the Commission must make substantive rules particularizing "aggravating and mitigating circumstances" as employed in Section
947.172(2) and "good cause in exceptional circumstances" as employed in Section
947.173(3)....
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 21334
...and appellee’s motion to strike appellant’s appendix in that the documents contained therein are not part of the record and were not presented to the Florida Parole and Probation Commission (Commission) for its consideration during Arlot-ta’s § 947.173, Fla.Stat....
...945.10(2), Fla.Stat. (1981), prohibits revealing the contents of the Department of Corrections file to the inmate. Further, even if the documents are in his Department of Corrections file, that is no guarantee that the Commission was aware of them. Section 947.173(1), Fla.Stat....
...(1981), requires the inmate to set forth “in writing, with individual particularities,” the reasons for the review request. If Arlotta takes issue with factual predicates relied upon by the Commission in its action, he should have done so at his § 947.173 review; the documents in question should have been presented to the Commission at that time....
CopyPublished | Florida 1st District Court of Appeal | 1982 Fla. App. LEXIS 21233
...y 30, 1987. Appellant urges that in extending his PPRD the Commission violated various statutory provisions which provide, essentially, that a PPRD, once established, is binding upon the Commission except for good cause in exceptional circumstances (Section
947.173(3)) 1 , or for reason of institutional conduct or the acquisition of new information not available at the time of the initial interview (Section
947.16(4)). 2 In defense of its actions, the Commission urges that notwithstanding its prior determination of a PPRD (which, incidentally, it modified pursuant to a Section
947.173 review, establishing a new PPRD of August 9, 1981), it retained authority to reject the PPRD previously established by it on the authority of Section
947.18, Florida Statutes....
...hing less will suffice. 8 This is especially so in this case where, for all the record shows, no event of any consequence occurred subsequent to the Commission’s initial determination of petitioner’s PPRD, except for his request for review under Section 947.173....
...It is significant that the Commission, at its meeting August 12, 1981, disapproved a hearing examiner’s recommendation for a PPRD of June 8, 1982, and established appellant’s PPRD at January 9, 1983. This date became “established” in our view, within the meaning and intent of Section 947.173(3), Florida Statutes. It was only after appellant filed his request for review, under Section 947.173, that the Commission took the action complained of here....
CopyPublished | Florida 1st District Court of Appeal | 9 Fla. L. Weekly 1935, 1984 Fla. App. LEXIS 14977
...Zatler contends by this action that the Commission has improperly re-set his PPRD because it extended the date without good cause. Zatler relies on various statutory provisions which provide in essence that a PPRD, once established, is binding on the Commission except for good cause in exceptional circumstances, section
947.173(3), Florida Statutes, 2 or for reason of institutional conduct or the acquisition of new information not available at the time of the initial interview, section
947.16(4), Florida Statutes....
...In light of these circumstances, we reverse and remand to the circuit court for expeditious consideration of the merits of the petition. REVERSED and REMANDED. COBB, C.J., and ORFINGER, J., concur. . Appearing as section
120.52(1 l)(d), Florida Statutes (1983). . Section
947.173(3) provides: The commission may affirm or modify the authorized presumptive parole release date....
CopyPublished | Florida 5th District Court of Appeal | 1982 Fla. App. LEXIS 21558
Commission’s action within 60 days as required by Section
947.173(1), Florida Statutes (1981), he is precluded
CopyPublished | Florida 1st District Court of Appeal | 1980 Fla. App. LEXIS 18219
...We need not reach the remaining questions, which are whether the Commission must make substantive rules particularizing “aggravating and mitigating circumstances” as employed in Section
947.172(2) and “good cause in exceptional circumstances” as employed in Section
947.173(3)....
CopyPublished | Florida 1st District Court of Appeal
...This cause is before us upon a Petition for a Writ of Mandamus. Petitioner alleges that his presumptive parole release date was determined by a hearing panel consisting of only one hearing examiner; Section 947.095, Fla. Stat., requires that such hearing panels consist of two examiners. Section 947.173, Fla....
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 19331
...matrix range. Aggregation of the scores for the escape and assault with intent to commit robbery again resulted in a total time of incarceration of 102 months. Accordingly, appellant’s PPRD remained at September 1, 1987. Appellant timely filed his § 947.173, Fla.Stat....
CopyPublished | Florida 1st District Court of Appeal | 1982 Fla. App. LEXIS 20149
...on Commission (Commission) setting petitioner’s presumptive parole release date (PPRD) at February 29, 2000. That date is the same date previously set by the Commission on May 9, 1979. Subsequently, petitioner filed for and received a review under Section 947.173(1), Florida Statutes (1979), which resulted in the Commission lowering his salient factor score and changing his offense characteristic from kidnapping to false imprisonment....
..., contrary to Section
947.165(1), Florida Statutes (1979), and Florida Administrative Code Rule 23-19.01(5). 7 Accordingly, the Commission is ordered to review petitioner’s file and establish a PPRD using the guidelines in effect at petitioner’s Section
947.173(2) review, which need not be the same as the PPRD previously established....
CopyPublished | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 7323, 2010 WL 2077167
...We have jurisdiction in accordance with Sheley v. Florida Parole Commn.,
720 So.2d 216 (Fla.1998). For the reasons set forth below, we grant the petition for writ of certiorari, quash the circuit court's order, and remand with directions to grant the petition for writ of mandamus. Section
947.173(1), Florida Statutes, provides: An inmate may request one review of his or her initial presumptive parole release date established according to s....
CopyPublished | Florida 1st District Court of Appeal
...The petition for writ of mandamus has been treated as an appeal of final agency action of the Florida Parole and Probation Commission. See Daniels v. Florida Parole and Probation Commission,
401 So.2d 1351 (Fla. 1st DCA 1981). The action of the Commission declining to review the issues raised by appellant at his §
947.173, Fla....
CopyPublished | Florida 1st District Court of Appeal | 1982 Fla. App. LEXIS 19385
...ida Parole and Probation Commission (Commission), concerning the criteria used to establish their presumptive parole release dates (PPRD). However, appellants are in fact seeking judicial review of their PPRDs. 2 The Objective Parole Guidelines Act, § 947.173(1), Fla.Stat....
...Under the particular facts of these cases, the petitions for declaratory statements constitute unnecessary collateral attacks on nonfinal agency orders when those orders were clearly reviewable according to the statutorily prescribed procedure, *1331 § 947.173(1), Fla.Stat....
...These are issues properly raised by § 947.-173(1) review of PPRDs. .Mr. Davis sought his declaratory statement one month after the Commission established his PPRD; he would have been able to have his PPRD reviewed by the Commission had he sought review via § 947.173(1). Mr. Law sought his declaratory statement almost five months after the establishment of his PPRD. This exceeds the 60-day time limit provided in § 947.173(1)....
CopyPublished | Florida 5th District Court of Appeal | 1980 Fla. App. LEXIS 16047
reconsideration of his presumptive parole release date. Section
947.173, Fla.Stat., provides for administrative review
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 16046
sentences as if they were consecutive sentences. Section
947.173, Fla.Stat., provides for administrative review
CopyPublished | Florida 1st District Court of Appeal
...institutional conduct or the acquisition of new information not available at the time of the initial interview," neither of which have been shown to apply here. [8] Id. at 478. Nor do we find any basis for the Commission to invoke the provisions of Section 947.173(3), permitting modification of a PPRD "for good cause in exceptional circumstances." See Canter v....
...under the Fifth Amendment, United States Constitution, and Article I, Section 9, Florida Constitution. Furthermore, petitioner alleged and the record of the Commission's action verifies, that upon receipt of appellant's application for review under Section 947.173, Florida Statutes, the Commission gave no further particularities or explanation concerning the basis for the twelve-month aggravation....
...On the other hand, except for the challenge on constitutional grounds, appellant has not availed himself of the opportunity to respond to the Commission's factual assumptions embodied in the aggravation, although he had the opportunity and obligation to do so in his review request under Section 947.173....
...he rules; however, the rule further provides that it does not prevent consideration of such prior convictions as a "negative indicant of parole prognosis," should the circumstances so indicate. [6] Appellant timely filed his request for review under Section 947.173, pointing out with particularity the errors he later asserted in his mandamus action....
...1st DCA 1982). [9] Miranda v. Arizona,
384 U.S. 436,
86 S.Ct. 1602,
16 L.Ed.2d 694 (1966); North Carolina v. Pearce,
395 U.S. 711,
89 S.Ct. 2072,
23 L.Ed.2d 656 (1969); Roberts v. United States,
455 U.S. 552,
100 S.Ct. 1358,
63 L.Ed.2d 622 (1980). [10] Section
947.173(1), and the corresponding rule, Rule 23-16.051(3), Florida Administrative Code, provide that the inmate's request for review of Commission action shall show cause "in writing, with individual particularities," the reasons for the review request....
...sire to right the wrong done. See Roberts v. United States, supra, cited in footnote 9. The Commission's Rules 23-19.03(1)(c)1, and 19.03(2)(c)1, 3, and others, are predicated upon this principle. [12] Appellant shall have the right of review, under Section 947.173, of any revised ruling by the Commission relating to the jewelry loss, and any judicial review thereafter shall be had in accordance with Daniels v....
CopyPublished | Florida 4th District Court of Appeal | 10 Fla. L. Weekly 1801
...andamus. Because immediate release is sought we treat the petition as one for habeas corpus. Shannon v. Mitchell,
460 So.2d 910 (Fla. 4th DCA 1984). The petition is denied because (1) the challenge of the thirty-two-month aggravation is time-barred, section
947.173(1), Florida Statutes (1983), Myers v....
CopyPublished | Florida 1st District Court of Appeal
...Counsel, Tallahassee, Florida Parole and Probation Comm'n, for appellee. SHIVERS, Judge. Appellant McClain seeks judicial review, pursuant to §
120.68, Fla. Stat. (1981), of *1210 the Florida Parole and Probation Commission's (Commission) refusal to grant a §
947.173, Fla....
...ealable. Appellee relies on Canter v. Florida Parole and Probation Commission,
409 So.2d 227 (Fla. 1st DCA 1982), and Hall v. Florida Parole and Probation Commission,
408 So.2d 1076 (Fla. 1st DCA 1982). 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 of their PPRDs....
...The Commission declined to grant special reviews, because the information was not in fact new or would have no effect on the inmates' PPRDs. The inmates appealed to this court, alleging both that the Commission erred in refusing to grant the second review requests and arguing the issues raised and considered at their initial § 947.173 reviews....
...Therefore, the Commission's denials of the inmates' review requests were not final agency actions which would be appealable to this court. As a consequence, we further found that the issues raised by the inmates involved the Commission's final agency actions at their § 947.173 reviews which had occurred over 30 days before the inmates filed notices of appeal in this court....
...We had no jurisdiction to review the Commission's final agency action. See Fla.R. App.P. 9.110(b) and (c). That is not the situation in the case before us. Both the Florida Statutes and the Commission rules grant inmates the right to a review of Commission action establishing a PPRD. See § 947.173, Fla....
...68, Administrative Procedures Act, and the Florida Appellate Rules." (emphasis added) Canter, supra, at 229. While we were referring to agency review of its initial action establishing an inmate's PPRD, the Commission grants and we review on appeal, § 947.173 reviews of Commission biennial action....
...959 (1931). However, we find from examination of appellant's brief and appellee's exhibits that the issues raised by appellant are res judicata because they are identical to the issues raised by appellant and considered by the Commission at appellant's first § 947.173 review, over two years ago....
...1, that inmates may seek limited review of their PPRDs at their statutorily mandated biennial reviews. [4] Appellant is appealing Commission action declining to grant review. The issue on appeal is whether the Commission erred in refusing to consider the issues raised by appellant in his § 947.173(1) review request. Appellee should argue, in an answer brief with appropriate support, that its action refusing to grant review is correct. See Fla.R.App.P. 9.210(b) and (c). [5] We note, however, that there may be occasions when issues raised at the first § 947.173 review and again at the § 947.173 review of biennial action may be properly before the court....
...the Commission, as an administrative agency, had no authority to consider; and (3) when the inmate has additional proof, i.e., new information, on an issue that would have an effect on his PPRD, and failed to meet the standards of proof at the first § 947.173 review.
CopyPublished | Florida 1st District Court of Appeal | 1980 Fla. App. LEXIS 15749
petition show that administrative remedies under Section
947.173, Florida Statutes (1979), have been exhausted
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 18881
statutory conditions for a right of review under § 947.-173-174(1), Florida Statutes. It presented no issue
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 15948
...This court has examined the petition, pursuant to Rule 9.100(f), Florida Rules of Appellate Procedure, to determine whether it demonstrates a preliminary basis for relief. Petitioner complains that respondents have refused to review petitioner’s notice of appeal filed under Section 947.173, Florida Statutes (1978), and that respondents by letter have stated that no action would be taken with respect to his presumptive parole release date of June 13, 1988, until petitioner complies with the requirements of Section 944.-485(l)(a), Florida Statutes (1978)....
CopyPublished | Florida 1st District Court of Appeal | 1983 Fla. App. LEXIS 18648
for good cause in exceptional circumstances.” §
947.173(3), Fla.Stat. (1981). The clear import of Chapter
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 358, 1985 Fla. App. LEXIS 12320
...Although the hearing examiner recommended the PPRD be reduced by sixty months due to appellant’s “good adjustment,” the Commission rejected the recommendation and set the third biennial review for 1985. Appellant sought review of the Commission’s decision, pursuant to section 947.173, Florida Statutes, claiming (along with another issue not raised in this appeal) that the Commission erred in failing to apply the newly enacted Youthful Offender Matrix to appellant....
CopyPublished | Florida 1st District Court of Appeal | 1979 Fla. App. LEXIS 16270
PER CURIAM. Petitioner’s petition for writ of mandamus or in the alternative a writ of prohibition having been considered, the same is hereby denied. Section 947.173, F.S.A....
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 4, 1985 Fla. App. LEXIS 16911
...the date by 20 months, resulting in a PPRD of 68 months. The reason for aggravation stated by the Commission was that the offense involved “separate multiple offenses, to-wit: Case No. 77-3760, Aggravated Battery.” Appellant sought relief under section 947.173, Florida Statutes, which was denied on July 14, 1983....
CopyPublished | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 16245
...M. This cause is before us upon a petition for a writ of mandamus or habeas corpus. Petitioner alleges that the method by which his presumptive parole release date was determined treats his concurrent sentences as if they were consecutive sentences. Section 947.173, Florida Statutes, provides for an administrative review, upon request, of presumptive parole release date determinations....
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 28665
PPRD within the sixty-day period pursuant to Section
947.173, Florida Statutes (1979). Also, a re-interview
CopyPublished | Florida 4th District Court of Appeal | 1982 Fla. App. LEXIS 21775
appellant sought Commission review, pursuant to Section
947.173, Florida Statutes, of the same issues raised
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 19747
Probation Commission (Commission) to: (1) comply with §
947.173(2), Fla.Stat. (1981), by examining petitioner’s
CopyPublished | Florida 1st District Court of Appeal | 1983 Fla. App. LEXIS 19047
...enactment of the Objective Parole Guidelines Act of 1978. We then directed the Commission, which had summarily denied parole on the basis of section
947.18 to Jackson and the other petitioners in Gobie , to grant each petitioner a review pursuant to section
947.173....
CopyPublished | District Court, S.D. Florida | 2009 U.S. Dist. LEXIS 41810, 2009 WL 1227002
...He claims that the Commission's reliance on the objection from a state court judge was unconstitutional and he wants his parole eligibility reevaluated. II. Florida law provides that "once set, presumptive parole release dates be modified only for good cause in exceptional circumstances." Fla. Stat. § 947.173(3)....
...§
947.1745(6), requires that "the commission shall send written notice to the sentencing judge of any inmate who has been scheduled for an effective parole release date interview.... If there is objection by the judge, such objection may constitute good cause in exceptional circumstances as described in s.
947.173, and the commission may schedule a subsequent review within 2 years, extending the presumptive parole release date beyond that time." [2] The form states "[t]he Commission has decided NOT to authorize your effective parole release date for...
...Within 30 days after receipt of the commission's notice, the sentencing judge, or the designee, shall send to the commission notice of objection to parole release, if the judge objects to such release. If there is objection by the judge, such objection may constitute good cause in exceptional circumstances as described in s. 947.173, and the commission may schedule a subsequent review within 2 years, extending the presumptive parole release date beyond that time....
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 16540
PER CURIAM. This cause is before us on petition for writ of habeas corpus and response thereto. The petition asserts errors in the determination of petitioner’s presumptive parole release date. Administrative remedies under Florida Statutes, § 947.173 have been exhausted....
