Florida Statute 947.005 - Full Text and Legal Analysis

The 2025 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 CourtListener

Amendments to 947.005

Annotations, Discussions, Cases:

Cases Citing Statute 947.005

Total Results: 8

James Dwight Thomas v. James Crosby

371 F.3d 782, 2004 U.S. App. LEXIS 10367, 2004 WL 1162208

Court of Appeals for the Eleventh Circuit | Filed: May 26, 2004 | Docket: 398013

Cited 158 times | Published

objective parole guidelines.” Fla. Stat. Ann. § 947.005(4) (West 2001). . The FPC calculated an effective

Parole Com'n v. Cooper

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

Supreme Court of Florida | Filed: Sep 25, 1997 | Docket: 1736766

Cited 22 times | Published

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

State of Florida v. Budry Michel

257 So. 3d 3

Supreme Court of Florida | Filed: Jul 12, 2018 | Docket: 7417581

Cited 9 times | Published

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

Florida Parole Commission v. Spaziano

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

Supreme Court of Florida | Filed: Oct 14, 2010 | Docket: 2399313

Cited 7 times | Published

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

State v. McKenzie

574 So. 2d 1176, 1991 WL 15557

District Court of Appeal of Florida | Filed: Feb 7, 1991 | Docket: 1729800

Cited 1 times | Published

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

State of Florida v. Budry Michel

Supreme Court of Florida | Filed: Nov 1, 2018 | Docket: 8119863

Published

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

Wesley v. State

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

District Court of Appeal of Florida | Filed: Jul 9, 2003 | Docket: 64823889

Published

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

Farber v. Florida Parole & Probation Commission

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

District Court of Appeal of Florida | Filed: Feb 14, 1983 | Docket: 64595518

Published

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