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Florida Statutes

Fla. Stat. § 947.13 (2025)

Powers and duties of commission.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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947.13 Powers and duties of commission.—
(1) The commission shall have the powers and perform the duties of:
(a) Determining what persons shall be placed on parole, subject to the provisions of ss. 947.172 and 947.174.
(b) Fixing the time and conditions of parole, as provided in this chapter.
(c) Determining whether a person has violated parole and taking action with respect to such a violation.
(d) Making such investigations as may be necessary.
(e) Reporting to the Board of Executive Clemency the circumstances, the criminal records, and the social, physical, mental, and psychiatric conditions and histories of persons under consideration by the board for pardon, commutation of sentence, or remission of fine, penalty, or forfeiture.
(f) Establishing the terms and conditions of persons released on conditional release under s. 947.1405, and determining subsequent ineligibility for conditional release due to a violation of the terms or conditions of conditional release and taking action with respect to such a violation.
(g) As the Control Release Authority, determining what persons will be released on control release under s. 947.146, establishing the time and conditions of control release, if any, and determining whether a person has violated the conditions of control release and taking action with respect to such a violation.
(h) Determining what persons will be released on conditional medical release under s. 947.149, establishing the conditions of conditional medical release, and determining whether a person has violated the conditions of conditional medical release and taking action with respect to such a violation.
(2)(a) The commission shall immediately examine records of the department under s. 945.25, and any other records which it obtains, and may make such other investigations as may be necessary.
(b) The Department of Children and Families and all other state, county, and city agencies, sheriffs and their deputies, and all peace officers shall cooperate with the commission and the department and shall aid and assist them in the performance of their duties.
History.—s. 10, ch. 20519, 1941; s. 1, ch. 72-256; ss. 86, 87, ch. 77-120; s. 476, ch. 77-147; s. 9, ch. 78-417; s. 104, ch. 79-3; s. 7, ch. 82-171; s. 34, ch. 83-131; s. 2, ch. 85-295; ss. 31, 37, ch. 86-183; ss. 18, 67, ch. 88-122; s. 46, ch. 89-526; s. 17, ch. 89-531; s. 20, ch. 90-337; s. 1, ch. 93-2; s. 4, ch. 93-61; s. 320, ch. 99-8; s. 52, ch. 2004-335; s. 329, ch. 2014-19.
Notes of Decisions
Cited in 18 cases (4 in the last 5 years), 1974–2023 · leading case: Gary Ray Bowles v. Ron Desantis, Governor, 934 F.3d 1230 (11th Cir. 2019).
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Gary Ray Bowles v. Ron Desantis, Governor, 934 F.3d 1230 (11th Cir. 2019). · cites it 6× “See Fla. Stat. § 947.13 (e) (noting the Commission must report to the Clemency Board about an inmate’s “social, physical, mental, and psychiatric conditions and histor[y]”); see also Am.”
Peters v. State, 984 So. 2d 1227 (Fla. 2008). · cites it 4× “1st DCA 1975); see also § 947.13(1)(a), Fla. Stat. (2003) (stating that the Parole Commission has the power to determine what persons shall be placed on parole).”
Mayes v. Moore, 827 So. 2d 967 (Fla. 2002). · cites it 3× “[4] Section 947.13 (Powers and Duties of Commission), states, in pertinent part: The commission shall have the powers and perform the duties of: .”
Gay v. Singletary, 700 So. 2d 1220 (Fla. 1997). · cites it 3× “" [7] Section 947.13, Florida Statutes (1995), generally describes the Parole Commission's functions and organization in relation to all of its programs.”
Brown v. State, 427 So. 2d 271 (Fla. 2d DCA 1983). · cites it 2× “§ 947.13(1)(b), Fla. Stat. (1981). Accordingly, we strike those portions ordering payment of the lien, fine, and surcharge as a condition of parole since they were improper.”
Albert E. Paschal v. Louie L. Wainwright, Etc., 738 F.2d 1173 (11th Cir. 1984). · cites it 2× “Fla.Stat.Ann. § 947.13 (1983 Supp.); id. at § 947.”
Moore v. Florida Parole & Prob. Comm'n, 289 So. 2d 719 (Fla. 1974). · cites it 2× “Respondent has now filed a motion to quash and to deny the petition, asserting that the remedy sought is improper in that the granting or denial of parole is a discretionary matter, hence not within the bounds of application of a writ of mandamus.”
Alexander v. State, 425 So. 2d 1197 (Fla. 2d DCA 1983). · cites it 2× “§ 947.13(1)(b), Fla. Stat. (1981). In our view, these portions of the order here amounted to an improper establishment of conditions of parole.”
Darryl Barwick v. Governor of Florida, 66 F.4th 896 (11th Cir. 2023). “” Fla. Stat. § 947.13 (1)(e). But Rule 15 does not delineate the “factors relevant to the issue of clemency,” nor does Florida law otherwise include specific enumerated factors that should be considered during the clemency process.”
Borden v. State, 402 So. 2d 1176 (Fla. 1981). “See §§ 947.13, .165, Fla. Stat. (1979). I also find unpersuasive the state's argument that trial judges are in the best position to determine a prisoner's eligibility for release from incarceration.”
Collins v. Hendrickson, 371 F. Supp. 2d 1326 (M.D. Fla. 2005). · cites it 2× “1997); see also Fla. Stat. §§ 947.13 , 947.141, 947.146. 4 .”
Shaffer v. State, 446 So. 2d 1156 (Fla. 2d DCA 1984). “2d DCA 1983); § 947.13(1)(b); Fla. Stat. (1981). In light of our foregoing determination, we need not further address court costs and attorney's fees under section 27.”
Show all 18 citing cases →
— 947.13(1)(a) — 1 case
Peters v. State, 984 So. 2d 1227 (Fla. 2008). “1st DCA 1975); see also § 947.13(1)(a), Fla. Stat. (2003) (stating that the Parole Commission has the power to determine what persons shall be placed on parole).”
— 947.13(1)(b) — 4 cases
Brown v. State, 427 So. 2d 271 (Fla. 2d DCA 1983). “§ 947.13(1)(b), Fla. Stat. (1981). Accordingly, we strike those portions ordering payment of the lien, fine, and surcharge as a condition of parole since they were improper.”
Alexander v. State, 425 So. 2d 1197 (Fla. 2d DCA 1983). “§ 947.13(1)(b), Fla. Stat. (1981). In our view, these portions of the order here amounted to an improper establishment of conditions of parole.”
Shaffer v. State, 446 So. 2d 1156 (Fla. 2d DCA 1984). “2d DCA 1983); § 947.13(1)(b); Fla. Stat. (1981). In light of our foregoing determination, we need not further address court costs and attorney's fees under section 27.”
Monk v. State, 427 So. 2d 820 (Fla. 2d DCA 1983).
— 947.13(1)(c) — 1 case
Peters v. State, 984 So. 2d 1227 (Fla. 2008). “1st DCA 1975); see also § 947.13(1)(a), Fla. Stat. (2003) (stating that the Parole Commission has the power to determine what persons shall be placed on parole).”
— 947.13(1)(f) — 2 cases
Mayes v. Moore, 827 So. 2d 967 (Fla. 2002). “[4] Section 947.13 (Powers and Duties of Commission), states, in pertinent part: The commission shall have the powers and perform the duties of: .”
Drago v. Sec'y, Dep't of Corr. (Pinellas Cnty.) (M.D. Fla. 2022).
— 947.13(1)(f)(2) — 1 case
Albert E. Paschal v. Louie L. Wainwright, Etc., 738 F.2d 1173 (11th Cir. 1984). “Fla.Stat.Ann. § 947.13 (1983 Supp.); id. at § 947.”
— 947.13(l)(a) — 1 case
Franklin v. State, 141 So. 3d 210 (Fla. 1st DCA 2014).
— 947.13(l)(f) — 1 case
Drago v. Sec'y, Dep't of Corr. (Pinellas Cnty.) (M.D. Fla. 2022).
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