Florida Statute 947.172 - 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

View Entire Chapter

F.S. 947.172

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.

F.S. 947.172 on Google Scholar

F.S. 947.172 on CourtListener

Amendments to 947.172

Annotations, Discussions, Cases:

Cases Citing Statute 947.172

Total Results: 31

Charles A. Damiano A/K/A Charles A. Damyn v. Florida Parole and Probation Commission and Jim Smith, the Attorney General of the State of Florida

785 F.2d 929, 1986 U.S. App. LEXIS 23655

Court of Appeals for the Eleventh Circuit | Filed: Apr 1, 1986 | Docket: 1065976

Cited 70 times | Published

binding on appellee. See Fla.Stat.Ann. § 947.-172(3). It is subject to review and modification

Albert E. Paschal v. Louie L. Wainwright, Etc.

738 F.2d 1173, 1984 U.S. App. LEXIS 19632

Court of Appeals for the Eleventh Circuit | Filed: Aug 13, 1984 | Docket: 226696

Cited 29 times | Published

that indicated by the guidelines. Fla.Stat.Ann. § 947-172(2) (1983 Supp.). After weighing these circumstances

McKahn v. FLORIDA PAROLE & PROBATION

399 So. 2d 476, 1981 Fla. App. LEXIS 20095

District Court of Appeal of Florida | Filed: Jun 9, 1981 | Docket: 164949

Cited 13 times | Published

factor in its determination of a parole date. Section 947.172(3) unambiguously states that a presumptive

Baker v. FLORIDA PAROLE & PROBATION COM'N

384 So. 2d 746, 1980 Fla. App. LEXIS 16898

District Court of Appeal of Florida | Filed: Jun 13, 1980 | Docket: 1269700

Cited 12 times | Published

. specifying individual particularities." Section 947.172(2), (3). The statement of particularities should

May v. FLORIDA PAROLE AND PROBATION COM'N

435 So. 2d 834, 1983 Fla. LEXIS 2673

Supreme Court of Florida | Filed: Jul 21, 1983 | Docket: 1697556

Cited 9 times | Published

modification based on change of circumstances. [8] § 947.172, Fla. Stat. (1979).

Angelo Atwell v. State of Florida

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

Supreme Court of Florida | Filed: May 26, 2016 | Docket: 3067645

Cited 7 times | Published

altering the presumptive parole release date. See § 947.172(3), Fla. Stat. (2015); see also Spaziano, 48 So

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

aggravating and mitigating circumstances. Section 947.172, Florida Statutes (2009), “Establishment of

Pannier v. Wainwright

423 So. 2d 533

District Court of Appeal of Florida | Filed: Dec 15, 1982 | Docket: 544763

Cited 7 times | Published

without a written statement *534 as required by section 947.172(3), Florida Statutes (1981), and without good

Jenrette v. Wainwright

410 So. 2d 575

District Court of Appeal of Florida | Filed: Feb 16, 1982 | Docket: 477969

Cited 7 times | Published

factor in its determination of a parole date. Section 947.172(3) unambiguously states that a presumptive

James v. FLA. PAROLE AND PROB. COM'N

395 So. 2d 197

District Court of Appeal of Florida | Filed: Feb 13, 1981 | Docket: 1318121

Cited 7 times | Published

many of these inmates more than one year ago, Section 947.172(4), Fla. Stat. (1979), we will refrain from

Gobie v. FLORIDA PAROLE AND PROBATION COM'N

416 So. 2d 838

District Court of Appeal of Florida | Filed: Jun 28, 1982 | Docket: 2325241

Cited 6 times | Published

sentence." Berry, 400 So.2d 80, at 86. [3] Section 947.172(3), Fla. Stat. (1981), and Rule 23-21.15(5)

Harrisson v. FLA. PAROLE & PROBATION COMMISSION

428 So. 2d 388, 1983 Fla. App. LEXIS 20292

District Court of Appeal of Florida | Filed: Mar 23, 1983 | Docket: 2572907

Cited 2 times | Published

petitioner's presumptive parole release date. Section 947.172(3), Florida Statutes (1978) does not prevent

May v. Fla. Parole & Probation Com'n

424 So. 2d 122

District Court of Appeal of Florida | Filed: Dec 22, 1982 | Docket: 1297255

Cited 2 times | Published

in establishing prisoners' release dates. Section 947.172, Fla. Stat. (1981), grants the Commission discretionary

Canter v. FLORIDA PAROLE & PROBATION COM'N

409 So. 2d 227, 1982 Fla. App. LEXIS 19125

District Court of Appeal of Florida | Filed: Feb 4, 1982 | Docket: 526303

Cited 2 times | Published

A PPRD is established in accordance with Section 947.172, and the inmate is entitled to one review by

Spaziano v. Florida Parole Commission

46 So. 3d 576, 2006 Fla. App. LEXIS 9115, 2006 WL 1565289

District Court of Appeal of Florida | Filed: Jun 9, 2006 | Docket: 2400126

Cited 1 times | Published

discretion, subject only to the limitations of section 947.172, *582 Florida Statutes, governing the establishment

Fla. Inst. Legal Serv. v. Fla. Parole & Prob. Comm.

391 So. 2d 247

District Court of Appeal of Florida | Filed: Nov 26, 1980 | Docket: 1173960

Cited 1 times | Published

and mitigating circumstances" as employed in Section 947.172(2) and "good cause in exceptional circumstances"

Rooks v. State

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

District Court of Appeal of Florida | Filed: Jul 12, 2017 | Docket: 6088805

Published

altering the presumptive parole release date. See § 947.172(3), Fla. Stat. (2015); see also Spaziano, 48 So

Harper v. Florida Parole Commission

626 So. 2d 336, 1993 Fla. App. LEXIS 11522, 1993 WL 469434

District Court of Appeal of Florida | Filed: Nov 17, 1993 | Docket: 64743942

Published

violation of his conditions of parole. . Section 947.172, Florida Statutes (1991), governs the establishment

Florida Parole & Probation Commission v. Cunard

490 So. 2d 88, 11 Fla. L. Weekly 397, 1986 Fla. App. LEXIS 6376

District Court of Appeal of Florida | Filed: Feb 12, 1986 | Docket: 64620168

Published

of a PPRD is governed by the provisions of Section 947.172, Florida Statutes. Once this PPRD has been

Moore v. Wainwright

469 So. 2d 882, 10 Fla. L. Weekly 1211, 1985 Fla. App. LEXIS 14285

District Court of Appeal of Florida | Filed: May 14, 1985 | Docket: 64612246

Published

actions can be squared with the requirements of section 947.172(3), Florida Statutes (1983), because the Commission

Lobo v. Florida Parole & Probation Commission

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

District Court of Appeal of Florida | Filed: Jun 22, 1983 | Docket: 64597842

Published

presumptive parole release date for all prisoners. Section 947.172, Florida Statutes (1981). After establishing

Everson v. Florida Parole & Probation Commission

431 So. 2d 238, 1983 Fla. App. LEXIS 19331

District Court of Appeal of Florida | Filed: May 6, 1983 | Docket: 64596943

Published

sentences. His initial parole interview pursuant to § 947.172(1), Fla.Stat. was conducted January 27, 1982.

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

inmate’s institutional conduct record. See Section 947.172, Florida Statutes, and Florida Administrative

Fields v. Florida Parole & Probation Commission

419 So. 2d 772, 1982 Fla. App. LEXIS 21230

District Court of Appeal of Florida | Filed: Sep 23, 1982 | Docket: 64592180

Published

the matrix time-frame to aggravate or mitigate. § 947.172(2), Fla.Stat. (1979). See also, Richardson v.

Benton v. Florida Parole & Probation Commission

418 So. 2d 1127, 1982 Fla. App. LEXIS 20866

District Court of Appeal of Florida | Filed: Aug 11, 1982 | Docket: 64591915

Published

Commission, subject to the limitations of section 947.-172(2), (3), Florida Statutes and Florida Administrative

Zygadlo v. Florida Parole & Probation Commission

414 So. 2d 600, 1982 Fla. App. LEXIS 20149

District Court of Appeal of Florida | Filed: May 28, 1982 | Docket: 64590272

Published

contends that the Commission’s action violated Section 947.172(3), Florida Statutes, and McKahn v. Florida

Gerlock v. Florida Parole & Probation Commission

411 So. 2d 1386, 1982 Fla. App. LEXIS 19747

District Court of Appeal of Florida | Filed: Apr 7, 1982 | Docket: 64588984

Published

1979,3 and established as September 2, 1984. Section 947.172(3), Fla.Stat. (1978), in effect at the time

Bizzigotti v. FLA. PAROLE & PROBATION COM'N

410 So. 2d 1360

District Court of Appeal of Florida | Filed: Mar 15, 1982 | Docket: 1518562

Published

date became binding on the Commission under Section 947.172(3), Florida Statutes (1979). McKahn, 399 So

Purnell v. Florida Parole & Probation Commission

409 So. 2d 1122, 1982 Fla. App. LEXIS 19157

District Court of Appeal of Florida | Filed: Feb 9, 1982 | Docket: 64587949

Published

examiners recommended a PPRD of June 2, 1981. See § 947.172(2), Florida Statutes. The petition, filed more

White v. Florida Parole & Probation Commission

394 So. 2d 472, 1981 Fla. App. LEXIS 18692

District Court of Appeal of Florida | Filed: Feb 11, 1981 | Docket: 64580607

Published

initial interview with appellant pursuant to Section 947.172(1), Florida Statutes (1979). The examiner recommended

Florida Institutional Legal Services, Inc. v. Florida Parole & Probation Commission

391 So. 2d 247, 1980 Fla. App. LEXIS 18219

District Court of Appeal of Florida | Filed: Nov 26, 1980 | Docket: 64579225

Published

and mitigating circumstances” as employed in Section 947.172(2) and “good cause in exceptional circumstances”