CopyCited 150 times | Published | Court of Appeals for the Eleventh Circuit | 2015 U.S. App. LEXIS 9127, 2015 WL 3461265
...The
court sentenced Mr. Jones to life in prison. His offenses were parole eligible.
At that time Florida law required the Florida Parole Commission to conduct
an initial interview and subsequent interviews at least every two years. Fla. Stat.
§§
947.172,
947.174(1) (1978); see also Tuff v....
...determines the offender’s presumptive parole release date (“PPRD”) based on
objective guidelines. Subsequent interviews are “limited to determining whether
or not information has been gathered which might affect the presumptive parole
release date.” Fla. Stat. § 947.174(1) (1978)....
...(3) “for good
cause in exceptional circumstances.” Fla. Stat. §§
947.16(4),
947.172(3),
947.173(3) (1978); McKahn v. Fla. Parole and Prob. Comm’n,
399 So. 2d 476, 478
(Fla. 1st DCA 1981).
The Florida Legislature has twice modified §
947.174 to allow the Parole
Commission to extend the interval between subsequent interviews for offenders
convicted of specific serious crimes, including sexual battery....
...y. The California change
applied to those convicted of two or more murders—a category one hopes is quite
small. The Georgia change applied to offenders serving life sentences. The
Florida change applies only to specific offenses, see Fla. Stat. § 947.174(1)(b), but
the category is broader than in California or Georgia....
CopyCited 29 times | Published | Court of Appeals for the Eleventh Circuit | 1984 U.S. App. LEXIS 19632
...l record [two of the former criteria].” The basic features of the prior scheme are carried forward under the new law; 9 most important for our purposes, the ultimate parole decision remains committed to the Commission’s discretion. Fla.Stat.Ann. § 947.1745 (1983 Supp.); May v....
...The Commission’s decision could be changed upon administrative, id. at §
947.173 (1983 Supp.), or judicial review, see e.g., Tobin v. Greadington,
414 So.2d 36 (Fla.App.1982), which could be initiated by the inmate, or by the Commission itself following a subsequent parole hearing. See Fla.Stat.Ann. §
947.174 (1983 Supp.)....
CopyCited 14 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 57, 1985 Fla. LEXIS 2879
...1st DCA 1983). Prior to the arrival of this date, inmates are given a final interview and review in order to establish an effective release date after which the Commission must determine "whether or not to authorize the effective parole release date." § 947.174(6), Fla. Stat. (1981) (now § 947.1745, Fla....
CopyCited 9 times | Published | Florida 1st District Court of Appeal
...designed "to serve the needs of both agencies." §
945.10(3), Fla. Stat. (1979), states: "The Department of Corrections and the Commission shall mutually cooperate for the proper performance of the respective functions of each agency." Furthermore, §
947.174(3), Fla....
CopyCited 9 times | Published | Supreme Court of Florida
...Stat.
Florida’s statutorily required initial interview and subsequent reviews before
the Florida Parole Commission include the type of individualized consideration
discussed by the United States Supreme Court in Miller. For example, under
section 947.174(3), Florida Statutes, the presumptive parole release date is
reviewed every 7 years in light of information “including, but not limited to,
current progress reports, psychological reports, and disciplinary reports.” This...
CopyCited 7 times | Published | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 244, 2016 WL 3010795, 2016 Fla. LEXIS 1124
...panel of no fewer than two commissioners appointed by the chair. §
947.172(2), Fla.' Stat. (2015). Subsequent parole interviews are conducted to determine whether information has been gathered that could affect the presumptive parole release date. §
947.174, Fla. Stat. (2015). When the inmate’s presumptive parole release date nears and if the inmate’s institutional conduct and parole release plan are satisfactory, the presumptive parole release date becomes the effective parole release date. §
947.1745, Fla....
CopyCited 6 times | Published | Florida 1st District Court of Appeal
...find that there is reasonable probability that, if he is placed on parole, he will live and conduct himself as a respectable and law-abiding person and that his release will be compatible with his own welfare and the welfare of society. On its face, § 947.174(6), 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. ROBERT P. SMITH, Jr., C.J., and McCORD and BOOTH, JJ., concur. NOTES [1] See §
947.174(6), Fla....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1983 Fla. App. LEXIS 18424
...This PPRD was vacated, due to an alleged escape in August, 1980. His new PPRD, in consideration of the nolle prossed escape charge, was established to be December 15, 1981. Jackson was interviewed on October 27, 1981, for purposes of authorizing his effective parole release date (EPRD). See § 947.174(6), Fla....
...Extend the Presumptive Parole Release Date 39 years [3] The December 15, 1981 PPRD should be reinstated. Although effectively this action makes Jackson an inmate without a meaningful PPRD, it appears to be the only action acceptable under the Objective Parole Guidelines Act. The Commission is still bound by § 947.174(1) to review Jackson's case biennially....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1999 WL 312294
...Herbert Lee Tuff appeals the denial of his motion for post-conviction relief, which he incorrectly styled as a Rule 3.850 motion. In 1970, Tuff pled guilty to first-degree murder and received a life sentence. Tuff argues that the retroactive application of the 1997 amendment to section 947.174, Florida Statutes, to him was *462 unconstitutional as violative of the Ex Post Facto Clause of the United States and Florida Constitutions....
...On June 1, 1997, or just before Tuff's October 1997 parole interview, the Legislature enacted chapter 97-289, S.B. 258, Laws of Florida, which changed the frequency of subsequent parole hearings for certain prisoners from every two years to every five years. [1] The relevant portion of this amendment was codified as section 947.174, Florida Statutes (1997): § 947.174....
...was "not reasonable to expect that parole would be granted" in the following years; and (5) had to be supported by written findings. See id. at 509,
115 S.Ct. 1597. The California law challenged (and ultimately upheld) in Morales is quite similar to section
947.174, Florida Statutes (1997)....
...The Florida statute applies to a limited number of inmates, though it does apply to more inmates than the California statute. The Florida statute only applies to inmates convicted of murder, attempted murder, sexual battery, attempted sexual battery, or whose sentence is 25 years minimum mandatory. See § 947.174, Fla....
...The inmate has a history of assaultive or violent behavior. 2. Poor, disruptive or assaultive institutional conduct. 3. Any release may cause unreasonable risk to others. It is apparent that the parole commission complied with the procedural safeguards inherent in section 947.174 and lauded by the Morales Court....
...on "ha[s] neither the purpose nor the effect of increasing the quantum of punishment." Jones,
164 F.3d at 596 (citations omitted). The Florida law at issue here is much more like the California statute in Morales than like the Georgia rule in Jones. Section
947.174 applies to few prisoners, it has in place the Morales safeguards, and it defaults to hearings every two years while allowing the parole commission to defer this to five years in stated circumstances. It does not share the defects of the Georgia rule noted by the Eleventh Circuit. Therefore, following Morales, we conclude that section
947.174, Florida Statutes (1997), is not violative of the Ex Post Facto Clause, and deny Tuff's petition for mandamus, thereby affirming the trial court's denial of Tuff's motion. NOTES [1] At the time of Tuff's crime and until the 1997 amendment to section
947.174, subsequent parole interviews for all inmates were conducted every two years. See §
947.174, Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 13438, 2015 WL 5559801
...to authorize an effective
parole release date and to establish a parole release plan.
-2-
extraordinary review, with future interviews to be scheduled. See Fla. Admin. Code R.
23-21.01552; § 947.174, Fla....
...release shall have the effect of overriding his guideline-
determined presumptive parole release date[;] however, the
inmate shall continue to receive extraordinary interviews on
a biennial basis.
3
947.174....
...Spradley was scheduled for another parole release date interview in
February 2013. Before the scheduled date, the Commission informed the chief judge of
the Sixth Judicial Circuit (Pinellas County), where Mr. Spradley was sentenced, of this
status. See § 947.1745(6), Fla. Stat. (2012); Fla. Admin. Code R. 23-21.015(1) (2012).5
Responding to the Commission, the chief judge objected to Mr. Spradley's release. See
§ 947.1745(6); Fla....
...month of the inmate's initial interview. Subsequent
interviews will be scheduled every twenty-two (22) months,
unless otherwise specified by a panel of full Commission.
5
The pertinent wording of both section 947.1745(6) and rule
23-21.015(1) (2012) is as follows:
Within 90 days before the effective parole release date
interview, the commission shall send written notice to the
sentencing judge of any inmate w...
...chief judge of the circuit in which the offender was
sentenced. The chief judge can designate any circuit judge
within the circuit to act in place of the sentencing judge.
6
The pertinent wording of both section 947.1745(6) and rule 23-21.015(1)
(2012) is as follows: "Within thirty (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."
7
23-21.015....
...nd
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.
11
947.1745....
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...*154 William Kirsch, pro se. No appearance for respondents. PER CURIAM. Petitioner, an inmate housed in Florida State Hospital, seeks habeas corpus relief from Florida Parole and Probation Commission action, declining to authorize an effective parole release date (EPRD), § 947.174(6), and extending his presumptive parole release date (PPRD) 13 months....
...Florida Parole and Probation Commission,
289 So.2d 719, 720 (Fla. 1974). Accordingly, habeas corpus is not an available remedy for improper action by the Commission. Further, the placement of an inmate on parole on the date his PPRD arrives, or legally should have arrived, is not automatic. Section
947.174(6) requires the Commission, at least 46 days prior to arrival of the PPRD, to decide whether it will authorize an EPRD, a decision which appears to lie within the sound discretion of the Commission....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1982 Fla. App. LEXIS 19125
...NOTES [1] There is, however, a regular statutorily mandated subsequent review for any inmate whose PPRD falls more than 2 years after the initial hearing date, and the review shall take place within 2 years after the initial hearing and every 2 years thereafter. Section
947.174(1), Florida Statutes. Section
947.174, subsection (2), providing that the Commission for good cause "may at any time" request subsequent review by a hearing examiner panel, merely implements Section
947.174, and coincides with the discretionary review authority conferred by Section
947.16(4)....
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...District Court of Appeal of Florida, First District. October 8, 1982. Rehearing Denied November 4, 1982. *895 Frederick Dornau, pro se, appellant. Malcolm S. Greenfield, Tallahassee, for appellee. MILLS, Judge. Dornau's presumptive parole release date (PPRD) came up for biennial review pursuant to Section 947.174(1), Florida Statutes (1981)....
...We shall not address Dornau's remaining contention because they relate to the establishment of his initial PPRD. The scope of a biennial review hearing is limited to determining whether new information has been gathered since the initial interview which might affect the PPRD. Section 947.174(1), Florida Statutes (1981)....
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 21334
...1 Accordingly, appellant’s appendix to his initial brief is stricken. ROBERT P. SMITH, Jr., C. J., and LARRY G. SMITH and WENTWORTH, JJ., concur. . This action does not preclude appellant Arlot-ta from submitting the documents to the Commission for consideration as new information. Section 947.174(2), Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 2050, 1986 Fla. App. LEXIS 9852
...Appellant filed an administrative appeal claiming the restructuring added 120 months in aggravation even though the new PPRD reduced his sentence by 12 years. The Commission on January 23, 1985 granted review, but declined to change the restructured PPRD. Under section 947.174(1), Florida Statutes, biennial reviews are “limited to determining whether or not information has been gathered which might affect” the PPRD....
CopyPublished | Florida 1st District Court of Appeal | 1982 Fla. App. LEXIS 21233
...5 We have noted, of course, that the Commission’s guideline-calculated date of August 9, 1981 had already passed before the meeting at which it *777 was determined (November 12, 1981). This had the effect of short-circuiting the parole release date interview procedure (Section 947.174, Florida Statutes; and Rule 23-21.-15, Florida Administrative Code), which provides for a hearing examiner to interview the inmate and recommend an effective parole release date....
...een better served, and the disposition of the case brought more closely into conformity with the statutes and the rules, if the Commission had referred the matter to a Hearing Examiner for interview and recommendations to the Commission, pursuant to Section 947.174 of the statutes, and Rule 23-21.15....
...e in 1987 it had no new information, appellant had received no disciplinary reports during his incarceration, and all of the information which was in appellant’s file at the time of the hearing was available at the time of the initial interview. . Section 947.174(6)(a), which outlines the final steps in the process of establishing an effective parole release date, provides that sixty days prior to the presumptive parole release date, a hearing examiner shall conduct a final interview to establ...
CopyPublished | Florida 3rd District Court of Appeal | 1982 Fla. App. LEXIS 28681
taken following Call’s biennial reinter-view, Section
947.174, Florida Statutes (1981). We affirm. The issues
CopyPublished | Supreme Court of Florida
...Stat.
Florida’s statutorily required initial interview and subsequent reviews before
the Florida Parole Commission include the type of individualized consideration
discussed by the United States Supreme Court in Miller. For example, under
section 947.174(3), Florida Statutes, the presumptive parole release date is
reviewed every 7 years in light of information “including, but not limited to,
current progress reports, psychological reports, and disciplinary reports.” This
inform...
CopyPublished | Florida 1st District Court of Appeal
...3d at 899.
Section
947.16(1), Florida Statutes, states that “[e]very person
who has been convicted of a felony . . . shall, unless otherwise
provided by law, be eligible for interview for parole consideration
. . . .” (emphasis supplied). And section
947.174(1)(b), Florida
Statutes, states that “[f]or any inmate convicted of murder ....
...Instead,
Coto requested an additional interview—separate and distinct
from the one granted to him in statute—for the Commission to
3
consider his reduced aggravated assault sentence and lower his
PPRD. No right to such an additional interview exists in statute.
Section 947.174(2), Florida Statutes states that “[t]he
[C]ommission, for good cause, may at any time request that a
hearing examiner conduct a subsequent hearing according to the
procedures outlined in this section.” (emphasis supplied).
Similar...
CopyPublished | Florida 1st District Court of Appeal | 2016 WL 852406
...by appellant, and the unreasonable risk appellant posed to others. The incorrect
listing of appellant’s offense, therefore, was not a basis for the Commission’s
decision to leave unchanged the PPRD. Furthermore, the seven-year period
between reviews is established by section 947.174(1)(b), Florida Statutes, which
provides for a review every seven years for multiple offenses, including “robbery.”
We find no basis to reverse....
...2
not affect the decision to leave the PPRD unchanged was not premised on the
mischaracterization of appellant’s offense; further, the trial court correctly
determined that the 7-year review cycle in appellant’s cause is established by
section 947.174(1)(b).
A brief explanation is warranted as to why a direct appeal of the trial court’s
order, rather than a petition for writ of certiorari, is the appropriate avenue of
review....
...ant’s conviction had no
bearing on the decision not to revisit appellant’s PPRD (which was based on 3
factors apart from the offense at conviction) nor on the 7-year review cycle (which
3
was mandated section 947.174(1)(b))....
CopyPublished | Florida 1st District Court of Appeal
...In 2009, a hearing examiner recommended that Barreiro’s
PPRD be established as October 29, 2025, but the Florida Parole Commission
(FPC) rejected this recommendation and established his PPRD as January 2, 2051.
The FPC set Barreiro’s “subsequent interview” for March 2014 pursuant to section
947.174(1)(b), Florida Statutes (2008)....
CopyPublished | Florida 1st District Court of Appeal
...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. Stat. (1981), review of Commission biennial action. See §
947.174(1), Fla....
...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. We found that the Commission has no obligation to grant special reviews but that §§
947.16(4) and
947.174(2), Fla....
...CAWTHON, Associate Judge, concur. NOTES [1] Section
947.16(4) provides in part, "Subsequent to the establishment of the presumptive parole release date, the Commission may, at its discretion, review the official record or conduct additional interviews with the inmate. [2] Section
947.174(2) provides, "The Commission, for good cause, may at any time request that a hearing examiner conduct a subsequent hearing according to the procedures outlined in this section....
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 18881
merits of prior final agency action. §
947.16(4), § 947.-174(2), Florida Statutes. The motion is granted and
CopyPublished | Florida 3rd District Court of Appeal | 1982 Fla. App. LEXIS 19333
*586agree to the terms and conditions of parole. §
947.174(6)(b), Florida Statutes (1979). Even assuming
CopyPublished | Florida 1st District Court of Appeal | 1983 Fla. App. LEXIS 18648
prisoner’s institutional conduct remains satisfactory. §
947.174, Fla.Stat. (1981). The right of a prisoner to
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 397, 1986 Fla. App. LEXIS 6376
...Paige, at 819; Kirsch v. Greadington,
425 So.2d 153 (Fla. 1st DCA 1983). First, an inmate receives a final interview and review to establish an EPRD, following which the Commission must determine whether to authorize the EPRD. § 947.-174(6), Fla.Stat. (1981) (now §
947.1745, *91 Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 12790, 1992 WL 365461
...ffective parole release date. Johnson received his sentences on October 18, 1978. In 1980, the Commission established his presumptive parole release date (PPRD) at October 9, 2007. This PPRD was not changed after several subsequent biennial reviews. § 947.174, Fla....
CopyPublished | Florida 1st District Court of Appeal | 1983 Fla. App. LEXIS 19047
...As a result of an alleged escape, which was nolle prossed, Jackson’s PPRD *1308 was extended to December 15, 1981. In October of 1981, Jackson was interviewed for purposes of establishing his effective parole release date (EPRD) and, as required by Section 947.174(5)(b), Florida Statutes (1981), his parole plan was approved....
