Florida Statutes
Fla. Stat. § 947.005 (2025)
Definitions.
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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.
Notes of Decisions
Cited in 9
cases, 1982–2018 · leading case: Florida Parole Comm'n v. Spaziano, 48 So. 3d 714 (Fla. 2010).
Florida Parole Comm'n v. Spaziano, 48 So. 3d 714 (Fla. 2010). “; see also § 947.005(5), Fla. Stat. (2009) (defining "Presumptive Parole Release Date" as the tentative parole release date "as determined by objective parole guidelines").”
State of Florida v. Budry Michel, 257 So. 3d 3 (Fla. 2018). “" § 947.005(8), Fla. Stat. Am. Br. of Pub. Int.”
James Dwight Thomas v. James Crosby, 371 F.3d 782 (11th Cir. 2004). “” Fla. Stat. Ann. § 947.005 (4) (West 2001).”
Parole Com'n v. Cooper, 701 So. 2d 543 (Fla. 1997). “§ 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.”
Michael Earl Staton v. Louie L. Wainwright & Maurice G. Crockett, 665 F.2d 686 (5th Cir. 1982). “” Fla.Stat. § 947.005(5). The objective parole guidelines are developed by the Commission and are based on the seriousness of the inmate’s offense and the likelihood of favorable parole outcome (an inmate’s prior history of crime).”
State v. McKenzie, 574 So. 2d 1176 (Fla. 5th DCA 1991). “277) and the Parole Commission (section 947.005(1)) which administers statutory parole provisions as Judge Sharp has explored and explained in her opinion.”
Farber v. Florida Parole & Prob. Comm'n, 427 So. 2d 1016 (Fla. 3d DCA 1983). “” § 947.005(4), Fla.Stat. (1981) (e.s.). For the first time, the legislature mandated that within one year from the prisoner’s initial confinement, most would be assigned such a date.”
Wesley v. State, 848 So. 2d 1231 (Fla. 2d DCA 2003). “…custody by virtue of gain time granted or forfeited pursuant to section 944.275(3)(a), Florida Statutes (1989). See § 947.005(6), Fla. Stat. (1989).”
State of Florida v. Budry Michel (Fla. 2018). “” § 947.005(8), Fla. Stat. Am. Br. of Pub. Int.”
— 947.005(1) — 1 case
State v. McKenzie, 574 So. 2d 1176 (Fla. 5th DCA 1991). “277) and the Parole Commission (section 947.005(1)) which administers statutory parole provisions as Judge Sharp has explored and explained in her opinion.”
— 947.005(4) — 1 case
Farber v. Florida Parole & Prob. Comm'n, 427 So. 2d 1016 (Fla. 3d DCA 1983). “” § 947.005(4), Fla.Stat. (1981) (e.s.). For the first time, the legislature mandated that within one year from the prisoner’s initial confinement, most would be assigned such a date.”
— 947.005(5) — 2 cases
Florida Parole Comm'n v. Spaziano, 48 So. 3d 714 (Fla. 2010). “; see also § 947.005(5), Fla. Stat. (2009) (defining "Presumptive Parole Release Date" as the tentative parole release date "as determined by objective parole guidelines").”
Michael Earl Staton v. Louie L. Wainwright & Maurice G. Crockett, 665 F.2d 686 (5th Cir. 1982). “” Fla.Stat. § 947.005(5). The objective parole guidelines are developed by the Commission and are based on the seriousness of the inmate’s offense and the likelihood of favorable parole outcome (an inmate’s prior history of crime).”
— 947.005(6) — 3 cases
Parole Com'n v. Cooper, 701 So. 2d 543 (Fla. 1997). “§ 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.”
Michael Earl Staton v. Louie L. Wainwright & Maurice G. Crockett, 665 F.2d 686 (5th Cir. 1982). “” Fla.Stat. § 947.005(5). The objective parole guidelines are developed by the Commission and are based on the seriousness of the inmate’s offense and the likelihood of favorable parole outcome (an inmate’s prior history of crime).”
Wesley v. State, 848 So. 2d 1231 (Fla. 2d DCA 2003). “…custody by virtue of gain time granted or forfeited pursuant to section 944.275(3)(a), Florida Statutes (1989). See § 947.005(6), Fla. Stat. (1989).”
— 947.005(7) — 1 case
Parole Com'n v. Cooper, 701 So. 2d 543 (Fla. 1997). “§ 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(8) — 2 cases
State of Florida v. Budry Michel, 257 So. 3d 3 (Fla. 2018). “" § 947.005(8), Fla. Stat. Am. Br. of Pub. Int.”
State of Florida v. Budry Michel (Fla. 2018). “” § 947.005(8), Fla. Stat. Am. Br. of Pub. Int.”
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