Florida Statute 947.005 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 947
FLORIDA COMMISSION ON OFFENDER REVIEW; CONDITIONAL RELEASE; CONTROL RELEASE; PAROLE

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F.S. 947.005

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 Casetext

Amendments to 947.005

Arrestable Offenses / Crimes under Fla. Stat. 947.005

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 947.005.

Annotations, Discussions, Cases:

Cases Citing Statute 947.005

Total Results: 8

State of Florida v. Budry Michel

Court: Supreme Court of Florida | Date Filed: 2018-11-01

Snippet: determined by objective parole guidelines.” § 947.005(8), Fla. Stat. Am. Br. of Pub. Int. L. Ctr. &

State of Florida v. Budry Michel

Court: Supreme Court of Florida | Date Filed: 2018-07-12

Citation: 257 So. 3d 3

Snippet: determined by objective parole guidelines." § 947.005(8), Fla. Stat. Am. Br. of Pub. Int. L. Ctr

Florida Parole Commission v. Spaziano

Court: Supreme Court of Florida | Date Filed: 2010-10-14

Citation: 48 So. 3d 714, 35 Fla. L. Weekly Supp. 582, 2010 Fla. LEXIS 1730, 2010 WL 4007636

Snippet: circumstances.” § 947.172(2), Fla. Stat.; see also § 947.005(5), Fla. Stat. (2009) (defining “Presumptive Parole

Wesley v. State

Court: District Court of Appeal of Florida | Date Filed: 2003-07-09

Citation: 848 So. 2d 1231, 2003 Fla. App. LEXIS 10303, 2003 WL 21536969

Snippet: 944.275(3)(a), Florida Statutes (1989). See § 947.005(6), Fla. Stat. (1989).

Rivera v. Singletary

Court: Supreme Court of Florida | Date Filed: 1998-02-19

Citation: 707 So. 2d 326, 1998 WL 65396

Snippet: conditional release supervision as described in chapter 947. [5] Section 947.141(3), Florida Statutes (1991),

Parole Com'n v. Cooper

Court: Supreme Court of Florida | Date Filed: 1997-09-25

Citation: 701 So. 2d 543, 22 Fla. L. Weekly Supp. 582, 1997 Fla. LEXIS 1456, 1997 WL 589297

Snippet: prisoner's release due to accumulated gain-time. § 947.005(6), Fla. Stat. (1991). "Provisional release date"

State v. McKenzie

Court: District Court of Appeal of Florida | Date Filed: 1991-02-07

Citation: 574 So. 2d 1176, 1991 WL 15557

Snippet: (section 944.277) and the Parole Commission (section 947.005(1)) which administers statutory parole provisions

Farber v. Florida Parole & Probation Commission

Court: District Court of Appeal of Florida | Date Filed: 1983-02-14

Citation: 427 So. 2d 1016, 1983 Fla. App. LEXIS 18648

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