Florida Statute 947.02 | 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. 947.02

947.02 Florida Commission on Offender Review; members, appointment.—

(1) Except as provided in s. 947.021, the members of the Florida Commission on Offender Review shall be appointed by the Governor and Cabinet from a list of eligible applicants submitted by a parole qualifications committee. The appointments of members of the commission shall be certified to the Senate by the Governor and Cabinet for confirmation, and the membership of the commission shall include representation from minority persons as defined in s. 288.703.

(2) A parole qualifications committee shall consist of five persons who are appointed by the Governor and Cabinet. One member shall be designated as chair by the Governor and Cabinet. The committee shall provide for statewide advertisement and the receiving of applications for any position or positions on the commission and shall devise a plan for the determination of the qualifications of the applicants by investigations and comprehensive evaluations, including, but not limited to, investigation and evaluation of the character, habits, and philosophy of each applicant. Each parole qualifications committee shall exist for 2 years. If additional vacancies on the commission occur during this 2-year period, the committee may advertise and accept additional applications; however, all previously submitted applications shall be considered along with the new applications according to the previously established plan for the evaluation of the qualifications of applicants.

(3) Within 90 days before an anticipated vacancy by expiration of term pursuant to s. 947.03 or upon any other vacancy, the Governor and Cabinet shall appoint a parole qualifications committee if one has not been appointed during the previous 2 years. The committee shall consider applications for the commission seat, including the application of an incumbent commissioner if he or she applies, according to subsection (2). The committee shall submit a list of three eligible applicants, which may include the incumbent if the committee so decides, without recommendation, to the Governor and Cabinet for appointment to the commission. In the case of an unexpired term, the appointment must be for the remainder of the unexpired term and until a successor is appointed and qualified. If more than one seat is vacant, the committee shall submit a list of eligible applicants, without recommendation, containing a number of names equal to three times the number of vacant seats; however, the names submitted may not be distinguished by seat, and each submitted applicant shall be considered eligible for each vacancy.

(4) Upon receiving a list of eligible persons from the parole qualifications committee, the Governor and Cabinet may reject the list. If the list is rejected, the committee shall reinitiate the application and examination procedure according to subsection (2).

(5) Section 120.525 and chapters 119 and 286 apply to all activities and proceedings of a parole qualifications committee.

History.—s. 1, ch. 20519, 1941; s. 2, ch. 65-453; s. 33, ch. 69-106; s. 31, ch. 74-112; s. 1, ch. 75-207; s. 5, ch. 78-417; ss. 24, 34, ch. 83-131; s. 37, ch. 86-183; ss. 16, 67, ch. 88-122; s. 17, ch. 89-531; s. 20, ch. 90-337; s. 1, ch. 93-2; s. 1, ch. 93-61; s. 324, ch. 96-410; s. 13, ch. 96-422; s. 1869, ch. 97-102; s. 42, ch. 2014-191.

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Amendments to 947.02

Arrestable Offenses / Crimes under Fla. Stat. 947.02

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 947.02.

Annotations, Discussions, Cases:

Cases Citing Statute 947.02

Total Results: 20

WILLIAM DELEON PEREZ v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-11-29T00:00:00-08:00

Snippet: prison inmates' eligibility for parole. See § 947.02(1), Fla. Stat. (2022). The Commission on Offender

WILLIAM DELEON PEREZ v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-09-22T00:00:00-07:00

Snippet: prison inmates' eligibility for parole. See § 947.02(1), Fla. Stat. (2022). The Commission on Offender

State of Florida v. Budry Michel

Court: Fla. | Date Filed: 2018-11-01T00:53:00-07:00

Snippet: the offender’s past criminal record.” § 947.002, Fla. Stat. If an offender convicted

State of Florida v. Budry Michel

Court: Fla. | Date Filed: 2018-07-12T00:00:00-07:00

Citation: 257 So. 3d 3

Snippet: offender's past criminal record." § 947.002, Fla. Stat. If an offender convicted of first-degree

Rooks v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2017-07-12T00:00:00-07:00

Citation: 224 So. 3d 272, 2017 WL 2960766, 2017 Fla. App. LEXIS 9962

Snippet: offense and the offender’s past criminal record.” § 947.002, Fla. Stat. (2015). The hearing examiner may consider

Angelo Atwell v. State of Florida

Court: Fla. | Date Filed: 2016-05-26T00:00:00-07:00

Citation: 197 So. 3d 1040, 41 Fla. L. Weekly Supp. 244, 2016 WL 3010795, 2016 Fla. LEXIS 1124

Snippet: and the offender’s past criminal record.” See § 947.002, Fla. Stat. (2015). Under this statutory scheme…offense and the offender’s past criminal record.” § 947.002, Fla. Stat. (2015). ‘ The hearing examiner may … “and the offender’s past criminal record.” § ,947.002, Fla. Stat. If an offender convicted of first-degree… state and shall not be considered a right.” § 947.002(5), Fla. Stat. By statute, the objective parole…offense and the offender’s past criminal record.” .§ 947.002(2), Fla. Stat. Importantly, unlike other states

Brian M. Rankin v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2015-09-16T00:53:00-07:00

Snippet: scoresheet is legally irrelevant.” Cooper, 902 So. 2d at 947;2 see also LaFleur v. State, 812 So. 2d 545, 546 (

Rankin v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2015-09-16T00:00:00-07:00

Citation: 174 So. 3d 1092, 2015 WL 5438665

Snippet: scoresheet is legally irrelevant.” Cooper, 902 So.2d at 947;2 see also LaFleur v. State, 812 So.2d 545, 546 (Fla

Franklin v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2014-05-19T00:00:00-07:00

Citation: 141 So. 3d 210

Snippet: whether Appellant will be released on parole. See §§ 947.002, 947.16, 947.18, Fla. Stat. (1981). Based on this…term and placed on community supervision. See §§ 947.002, 947.16(4), 947.18, Fla. Stat. The sentencing court

In Re Amend. to the Fla. Family Law Forms

Court: Fla. | Date Filed: 2010-12-15T23:53:00-08:00

Citation: 59 So. 3d 792

Snippet: ____________________________________________ *947 2. Has Respondent ever received or tried to get

Florida Parole Commission v. Spaziano

Court: Fla. | Date Filed: 2010-10-14T00:00:00-07:00

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

Snippet: an effective parole release date.”); see also § 947.002(5), Fla. Stat. (2004) (“It is the intent of the

Meola v. Department of Corrections

Court: Fla. | Date Filed: 1998-12-23T23:53:00-08:00

Citation: 732 So. 2d 1029

Snippet: s overcrowding reduction program). [7] See §§ 947.002(2), 947.165, 947.172, 947.173, 947.174, 947.1745

Myers v. FLORIDA PAROLE AND PROBATION COM'N

Court: Fla. Dist. Ct. App. | Date Filed: 1998-02-03T23:53:00-08:00

Citation: 705 So. 2d 1000

Snippet: predictor is prior record. (emphasis added). § 947.002(2), Fla. Stat. (1997)(emphasis added). Mere arrests

Williams v. Florida Parole Com'n

Court: Fla. Dist. Ct. App. | Date Filed: 1993-10-15T00:53:00-07:00

Citation: 625 So. 2d 926

Snippet: Act of 1978" that is, as stated in section 947.002, "to establish *938 an objective means for…release and, therefore, potential abuses." § 947.002(1), Fla. Stat. (1989). The supreme court emphasized…arbitrary and capricious action by the Commission. § 947.002(1), Fla. Stat. (1981). Section 947.165(1), Fla.…release and, therefore, potential abuses." § 947.002(1), Fla. Stat. (1989). Thus, as the supreme court

Tubb v. FLORIDA PAROLE COM'N

Court: Fla. Dist. Ct. App. | Date Filed: 1991-01-16T23:53:00-08:00

Citation: 580 So. 2d 616

Snippet: sentence is an act of grace extended by the state. § 947.002(6), Fla. Stat. (1989). Thus, even if the recalculation

FLORIDA PAROLE AND PROBATION COM'N v. Paige

Court: Fla. | Date Filed: 1985-01-16T23:53:00-08:00

Citation: 462 So. 2d 817

Snippet: arbitrary and capricious action by the Commission. § 947.002(1), Fla. Stat. (1981). *820 Section 947.165(1),

Rowell v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1984-05-24T00:53:00-07:00

Citation: 450 So. 2d 1226

Snippet: at the time of his arrest." 442 So.2d at 947. Two United States Supreme Court cases are cited in

Roberson v. FLA. PAROLE & PROBATION COM'N

Court: Fla. | Date Filed: 1983-09-15T00:53:00-07:00

Citation: 444 So. 2d 917

Snippet: set of standards applicable to parole matters. § 947.002, Fla. Stat. (1981). Despite this concerted effort

Lobo v. Florida Parole & Probation Commission

Court: Fla. Dist. Ct. App. | Date Filed: 1983-06-22T00:00:00-07:00

Citation: 433 So. 2d 622, 1983 Fla. App. LEXIS 20091

Snippet: similarly situated prisoners are eliminated. Section 947.002(1) provides: The present system lacks objective

Jackson v. Florida Parole & Probation Commission

Court: Fla. Dist. Ct. App. | Date Filed: 1983-01-03T23:53:00-08:00

Citation: 424 So. 2d 930

Snippet: record may be the best predictor of recidivism, § 947.002(2), Jackson's actions from over 10 years ago