Florida Statutes

Fla. Stat. § 947.002 (2025)

Intent.

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947.002 Intent.—

(1) It is the purpose of this chapter to establish an objective means for determining and establishing parole dates for inmates.

(2) Objective parole criteria will be designed to give primary weight to the seriousness of the offender’s present criminal offense and the offender’s past criminal record. In considering the risk of recidivism, practice has shown that the best predictor is prior record.

(3) The chair shall be the agency head. While the commission is responsible for making decisions on the granting and revoking of parole, the chair shall establish, execute, and be held accountable for all administrative policy decisions. The routine administrative decisions are the full responsibility of the chair.

(4) Hearing examiners are assigned on the basis of caseload needs as determined by the chair.

(5) It is the intent of the Legislature that the decision to parole an inmate from the incarceration portion of the inmate’s sentence is an act of grace of the state and shall not be considered a right.

History.—s. 1, ch. 78-417; s. 1, ch. 81-322; s. 2, 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. 3, ch. 93-61; s. 1667, ch. 97-102.

Notes of Decisions

Cited in 26 cases (1 in the last 5 years), 1980–2025 · leading case: Florida Parole Comm'n v. Spaziano, 48 So. 3d 714 (Fla. 2010).

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Florida Parole Comm'n v. Spaziano, 48 So. 3d 714 (Fla. 2010). · cites it 12× “We recognize that section 947.002, Florida Statutes (2009), titled "Intent," confirms that parole is not a matter of right, but is one of legislative grace.”

State of Florida v. Budry Michel, 257 So. 3d 3 (Fla. 2018). · cites it 2× “" § 947.002, Fla. Stat. If an offender convicted of first-degree murder has a high salient score, that offender's range of months for the presumptive parole release date could span from hundreds of months to nearly ten thousand months.”

Williams v. Florida Parole Com'n, 625 So. 2d 926 (Fla. 1st DCA 1993). · cites it 7× “The elaborate procedural requirements laid out in chapter 947, Florida Statutes, and the implementing rules in chapter 23-21, Florida Administrative Code, are obviously intended to accomplish the purpose of the "Objective Parole Guidelines Act of 1978" that is, as stated in…”

Rooks v. State, 224 So. 3d 272 (Fla. 3d DCA 2017). · cites it 2× “” § 947.002, Fla. Stat. (2015). The hearing examiner may consider the aggravating and mitigating circumstances—none of which provide for the level of consideration of the diminished culpability of youth at the time of the offense as sentencing judges now consider…”

Florida Parole & Prob. Com'n v. Paige, 462 So. 2d 817 (Fla. 1985). · cites it 2× “§ 947.002(1), Fla. Stat. (1981). *820 Section 947.”

Albert E. Paschal v. Louie L. Wainwright, Etc., 738 F.2d 1173 (11th Cir. 1984). · cites it 2× “” Fla.Stat.Ann. § 947.002(1) (1983 Supp.). The legislature intended to establish an “objective means for determining and establishing parole criteria .”

Angelo Atwell v. State of Florida, 197 So. 3d 1040 (Fla. 2016). · cites it 18× “” See § 947.002, Fla. Stat. (2015). Under this statutory scheme, twenty-five years after Atwell was sentenced, the Commission on Offender Review conducted a parole hearing and set Atwell’s presumptive parole release date, which is the earliest date he may be released from prison…”

Roberson v. Fla. Parole & Prob. Com'n, 444 So. 2d 917 (Fla. 1983). · cites it 2× “§ 947.002, Fla. Stat. (1981). Despite this concerted effort, abuse of discretion or misinterpretation of the law continued to creep into the process.”

Daniels v. Florida Parole & Prob. Comm'n, 401 So. 2d 1351 (Fla. 1st DCA 1981). “Parole and Probation Com. supra, and has provided that such dates shall be binding absent good cause for exceptional circumstances.”

Gobie v. Florida Parole & Prob. Com'n, 416 So. 2d 838 (Fla. 1st DCA 1982). · cites it 2× “" However, neither the statutes nor the Commission's rules provide guidelines concerning the invocation of § 947.”

Michael Earl Staton v. Louie L. Wainwright & Maurice G. Crockett, 665 F.2d 686 (5th Cir. 1982). “Although the Florida parole statutes were revised in 1978 to establish objective means for determining and establishing parole dates for inmates, Fla.Stat. § 947.002, the Commission retains substantial discretionary powers over the granting of a parole: No person shall be placed…”

Meola v. Dep't of Corr., 732 So. 2d 1029 (Fla. 1998). “Article I, section 10 of the Constitution of the United States of America provides, in pertinent part: No State shall .”

Show all 26 citing cases →

— 947.002(1) — 7 cases

Williams v. Florida Parole Com'n, 625 So. 2d 926 (Fla. 1st DCA 1993). “The elaborate procedural requirements laid out in chapter 947, Florida Statutes, and the implementing rules in chapter 23-21, Florida Administrative Code, are obviously intended to accomplish the purpose of the "Objective Parole Guidelines Act of 1978" that is, as stated in…”

Florida Parole & Prob. Com'n v. Paige, 462 So. 2d 817 (Fla. 1985). “§ 947.002(1), Fla. Stat. (1981). *820 Section 947.”

Gobie v. Florida Parole & Prob. Com'n, 416 So. 2d 838 (Fla. 1st DCA 1982). “" However, neither the statutes nor the Commission's rules provide guidelines concerning the invocation of § 947.”

Albert E. Paschal v. Louie L. Wainwright, Etc., 738 F.2d 1173 (11th Cir. 1984). “” Fla.Stat.Ann. § 947.002(1) (1983 Supp.). The legislature intended to establish an “objective means for determining and establishing parole criteria .”

— 947.002(2) — 6 cases

Meola v. Dep't of Corr., 732 So. 2d 1029 (Fla. 1998). “Article I, section 10 of the Constitution of the United States of America provides, in pertinent part: No State shall .”

Battis v. Florida Parole & Prob. Comm'n, 386 So. 2d 295 (Fla. 1st DCA 1980).

Jackson v. Florida Parole & Prob. Comm'n, 424 So. 2d 930 (Fla. 1st DCA 1983).

Myers v. Florida Parole & Prob. Com'n, 705 So. 2d 1000 (Fla. 4th DCA 1998).

Angelo Atwell v. State of Florida, 197 So. 3d 1040 (Fla. 2016). “” See § 947.002, Fla. Stat. (2015). Under this statutory scheme, twenty-five years after Atwell was sentenced, the Commission on Offender Review conducted a parole hearing and set Atwell’s presumptive parole release date, which is the earliest date he may be released from prison…”

— 947.002(5) — 2 cases

Florida Parole Comm'n v. Spaziano, 48 So. 3d 714 (Fla. 2010). “We recognize that section 947.002, Florida Statutes (2009), titled "Intent," confirms that parole is not a matter of right, but is one of legislative grace.”

— 947.002(6) — 2 cases

Tubb v. Florida Parole Com'n, 580 So. 2d 616 (Fla. 5th DCA 1991).

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