Florida Statutes

Fla. Stat. § 947.172 (2025)

Establishment of presumptive parole release date.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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947.172 Establishment of presumptive parole release date.—

(1) The hearing examiner shall conduct an initial interview in accordance with the provisions of s. 947.16. This interview shall include introduction and explanation of the objective parole guidelines as they relate to presumptive and effective parole release dates and an explanation of the institutional conduct record and satisfactory release plan for parole supervision as each relates to parole release.

(2) Based on the objective parole guidelines and any other competent evidence relevant to aggravating and mitigating circumstances, the hearing examiner shall, within 10 days after the interview, recommend in writing to a panel of no fewer than two commissioners appointed by the chair a presumptive parole release date for the inmate. The chair shall assign cases to such panels on a random basis, without regard to the inmate or to the commissioners sitting on the panel. If the recommended presumptive parole release date falls outside the matrix time ranges as determined by the objective parole guidelines, the hearing examiner shall include with the recommendation a statement in writing as to the reasons for the decision, specifying individual particularities. If a panel fails to reach a decision on a recommended presumptive parole release date, the chair or any other commissioner designated by the chair shall cast the deciding vote. Within 90 days after the date of the initial interview, the inmate shall be notified in writing of the decision as to the inmate’s presumptive parole release date.

(3) A presumptive parole release date shall become binding on the commission when agreement on the presumptive parole release date is reached. Should the presumptive parole release date fall outside the matrix time ranges as determined by the objective parole guidelines, the reasons for this decision shall be stated in writing with individual particularities.

History.—ss. 13, 21, ch. 78-417; s. 107, ch. 79-3; s. 7, ch. 79-42; s. 500, ch. 81-259; s. 5, ch. 81-322; s. 11, ch. 82-171; s. 34, ch. 83-131; s. 4, ch. 85-295; s. 37, ch. 86-183; s. 67, ch. 88-122; s. 17, ch. 89-531; s. 20, ch. 90-337; s. 1, ch. 93-2; s. 1674, ch. 97-102.

Notes of Decisions

Cited in 37 cases (1 in the last 5 years), 1980–2024 · leading case: Florida Parole Comm'n v. Spaziano, 48 So. 3d 714 (Fla. 2010).

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Florida Parole Comm'n v. Spaziano, 48 So. 3d 714 (Fla. 2010). · cites it 22× “Section 947.172, Florida Statutes (2009), "Establishment of presumptive parole release date," provides that a hearing examiner shall conduct an initial interview with the inmate in preparation for recommending a PPRD to a panel of no fewer than two parole commissioners appointed…”

State of Florida v. Budry Michel, 257 So. 3d 3 (Fla. 2018). · cites it 2× “1985) ] ; §§ 947.172(1), Fla. Stat. (2016). However, the PPRD does not mean the inmate will be paroled on that date.”

Rooks v. State, 224 So. 3d 272 (Fla. 3d DCA 2017). · cites it 4× “§ 947.172(2), Fla. Stat. (2015). Subsequent parole interviews are conducted to determine whether information has been gathered that could affect the presumptive parole release date.”

Ben E. Jones v. State of Florida Parole Comm'n, 787 F.3d 1105 (11th Cir. 2015). “Fla. Stat. §§ 947.172 , 947.174(1) (1978); see also Tuff v.”

Albert E. Paschal v. Louie L. Wainwright, Etc., 738 F.2d 1173 (11th Cir. 1984). · cites it 2× “See Fla.Stat.Ann. § 947.172(2) & (3) (1983 Supp.”

May v. Florida Parole & Prob. Com'n, 435 So. 2d 834 (Fla. 1983). · cites it 2× “…to the state under s. 960.17 a condition of parole, subject to modification based on change of circumstances. [8] § 947.172, Fla. Stat. (1979).”

Pannier v. Wainwright, 423 So. 2d 533 (Fla. 5th DCA 1982). · cites it 2× “He contends that the Commission originally established his presumptive parole release date without any aggravating factors, and thereafter added such a factor without a written statement *534 as required by section 947.172(3), Florida Statutes (1981), and without good cause,…”

Mckahn v. Florida Parole & Prob., 399 So. 2d 476 (Fla. 1st DCA 1981). “Section 947.172(3) unambiguously states that a presumptive parole release date "shall become binding on the commission when agreement on a .”

Baker v. Florida Parole & Prob. Com'n, 384 So. 2d 746 (Fla. 1st DCA 1980). “" Section 947.172(2), (3). The statement of particularities should clearly let the inmate know why he was aggravated.”

Spaziano v. Florida Parole Comm'n, 46 So. 3d 576 (Fla. 1st DCA 2006). “1st DCA 1982), a decision to aggravate an inmate beyond his matrix time range is within the Commission’s discretion, subject only to the limitations of section 947.172, *582 Florida Statutes, governing the establishment of PPRDs, and rule 23-21.”

Angelo Atwell v. State of Florida, 197 So. 3d 1040 (Fla. 2016). · cites it 7× “§ 947.172(2), Fla. Stat. (2015). Subsequent parole interviews are conducted to determine whether information has been gathered that could affect the presumptive parole release date.”

May v. Fla. Parole & Prob. Com'n, 424 So. 2d 122 (Fla. 1st DCA 1982). “Section 947.172, Fla. Stat. (1981), grants the Commission discretionary authority to aggravate or mitigate a matrix time and set a release date above or below the matrix time.”

Show all 37 citing cases →

— 947.172(1) — 4 cases

State of Florida v. Budry Michel, 257 So. 3d 3 (Fla. 2018). “1985) ] ; §§ 947.172(1), Fla. Stat. (2016). However, the PPRD does not mean the inmate will be paroled on that date.”

White v. Florida Parole & Prob. Comm'n, 394 So. 2d 472 (Fla. 4th DCA 1981).

Everson v. Florida Parole & Prob. Comm'n, 431 So. 2d 238 (Fla. 1st DCA 1983).

State of Florida v. Budry Michel (Fla. 2018).

— 947.172(2) — 9 cases

Florida Parole Comm'n v. Spaziano, 48 So. 3d 714 (Fla. 2010). “Section 947.172, Florida Statutes (2009), "Establishment of presumptive parole release date," provides that a hearing examiner shall conduct an initial interview with the inmate in preparation for recommending a PPRD to a panel of no fewer than two parole commissioners appointed…”

Rooks v. State, 224 So. 3d 272 (Fla. 3d DCA 2017). “§ 947.172(2), Fla. Stat. (2015). Subsequent parole interviews are conducted to determine whether information has been gathered that could affect the presumptive parole release date.”

Albert E. Paschal v. Louie L. Wainwright, Etc., 738 F.2d 1173 (11th Cir. 1984). “See Fla.Stat.Ann. § 947.172(2) & (3) (1983 Supp.”

Baker v. Florida Parole & Prob. Com'n, 384 So. 2d 746 (Fla. 1st DCA 1980). “" Section 947.172(2), (3). The statement of particularities should clearly let the inmate know why he was aggravated.”

Angelo Atwell v. State of Florida, 197 So. 3d 1040 (Fla. 2016). “§ 947.172(2), Fla. Stat. (2015). Subsequent parole interviews are conducted to determine whether information has been gathered that could affect the presumptive parole release date.”

— 947.172(3) — 16 cases

Pannier v. Wainwright, 423 So. 2d 533 (Fla. 5th DCA 1982). “He contends that the Commission originally established his presumptive parole release date without any aggravating factors, and thereafter added such a factor without a written statement *534 as required by section 947.172(3), Florida Statutes (1981), and without good cause,…”

Albert E. Paschal v. Louie L. Wainwright, Etc., 738 F.2d 1173 (11th Cir. 1984). “See Fla.Stat.Ann. § 947.172(2) & (3) (1983 Supp.”

— 947.172(4) — 1 case

James v. Fla. Parole & Prob. Com'n, 395 So. 2d 197 (Fla. 1st DCA 1981).

— 947.172(8) — 1 case

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