Florida Statute 947.173 - 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. 947.173

947.173 Review of presumptive parole release date.—

(1) An inmate may request one review of his or her initial presumptive parole release date established according to s. 947.16(1) if the inmate shows cause in writing, with individual particularities, within 60 days after the date the inmate is notified of the decision on the presumptive parole release date.

(2) A panel of no fewer than two commissioners appointed by the chair shall review the inmate’s request for review and shall notify the inmate in writing of its decision within 60 days after the date of receipt of the request by the commission.

(3) The commission may affirm or modify the authorized presumptive parole release date. However, in the event of a decision to modify the presumptive parole release date, in no case shall this modified date be after the date established under the procedures of s. 947.172. It is the intent of this legislation that, once set, presumptive parole release dates be modified only for good cause in exceptional circumstances.

History.—s. 14, ch. 78-417; s. 8, ch. 79-42; s. 196, ch. 79-164; s. 12, ch. 82-171; s. 34, ch. 83-131; 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. 8, ch. 93-61; s. 20, ch. 96-422; s. 1874, ch. 97-102.

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Amendments to 947.173

Annotations, Discussions, Cases:

Cases Citing Statute 947.173

Total Results: 49

Daniels v. Florida Parole & Probation Comm'n

401 So. 2d 1351

District Court of Appeal of Florida | Filed: Aug 19, 1981 | Docket: 1290044

Cited 32 times | Published

presumptive parole release date pursuant to Section 947.173, Florida Statutes, must file a notice of appeal

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

changed upon administrative, id. at § 947.173 (1983 Supp.), or judicial review, see e

Williams v. Florida Parole Com'n

625 So. 2d 926, 1993 Fla. App. LEXIS 10537, 1993 WL 414240

District Court of Appeal of Florida | Filed: Oct 15, 1993 | Docket: 1517601

Cited 13 times | Published

review and reduction of his PPRD pursuant to section 947.173, Florida Statutes, pointing out such things

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

should be considered in pari materia with Section 947.173(3), permitting the Commission to modify a parole

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

improper use of certain factors. Furthermore, § 947.173, Florida Statutes, allows an inmate to request

Pannier v. Wainwright

423 So. 2d 533

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

Cited 7 times | Published

(1981), and without good cause, contrary to section 947.173(3). Pannier argues that the only explicitly

Jenrette v. Wainwright

410 So. 2d 575

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

Cited 7 times | Published

should be considered in pari materia with Section 947.173(3), permitting the Commission to modify a parole

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

and given written reasons for its actions. Section 947.173(1), Fla. Stat. (1981), provides that an inmate

FLORIDA PAROLE & PROBATION COMM. v. Dornau

534 So. 2d 789, 13 Fla. L. Weekly 2534, 1988 Fla. App. LEXIS 5091, 1988 WL 122622

District Court of Appeal of Florida | Filed: Nov 18, 1988 | Docket: 372174

Cited 5 times | Published

judge's letter. Dornau requested review under section 947.173, asserting that the Commission had violated

Taylor v. FLA. PAROLE AND PROBATION COM'N

543 So. 2d 367, 1989 WL 49606

District Court of Appeal of Florida | Filed: May 16, 1989 | Docket: 1437484

Cited 4 times | Published

authorizing modification of appellant's PPRD under § 947.173(3).[2] If the Commission is suggesting that it

Gaines v. FLORIDA PAROLE AND PROBATION COM'N

463 So. 2d 1181, 10 Fla. L. Weekly 153, 1985 Fla. App. LEXIS 11899

District Court of Appeal of Florida | Filed: Jan 9, 1985 | Docket: 448897

Cited 4 times | Published

available at the time of the initial interview. Section 947.173(3), Florida Statutes (1983), provides, in relevant

Jackson v. Florida Parole & Probation Commission

424 So. 2d 930, 1983 Fla. App. LEXIS 18424

District Court of Appeal of Florida | Filed: Jan 4, 1983 | Docket: 1297370

Cited 4 times | Published

1st DCA 1982) (ordering the Commission to grant § 947.173 reviews to the three named petitioners). Pursuant

Holman v. FLA. PAROLE & PROB. COMM.

407 So. 2d 638

District Court of Appeal of Florida | Filed: Dec 11, 1981 | Docket: 2533514

Cited 4 times | Published

presumptive parole release date pursuant to Section 947.173, he fails to state the date of the Commission's

Roth v. Crosby

884 So. 2d 407, 2004 WL 2112644

District Court of Appeal of Florida | Filed: Sep 24, 2004 | Docket: 2584104

Cited 3 times | Published

exhausted his administrative remedies pursuant to section 947.173, Florida Statutes (1999), which he was required

Jordan v. FLA. PAROLE & PROB. COM'N

403 So. 2d 591

District Court of Appeal of Florida | Filed: Sep 11, 1981 | Docket: 1672869

Cited 3 times | Published

(PPRD) and found no cause to modify the date. See § 947.173, Fla. Stat. (1979). It appears from the petition

Kirsch v. Greadington

425 So. 2d 153

District Court of Appeal of Florida | Filed: Jan 4, 1983 | Docket: 1182522

Cited 2 times | Published

he does not allege he sought and received a § 947.173 review of the Commission action extending his

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

which had already been reviewed by it under Section 947.173(1), Florida Statutes (1979), and affirmed by

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

exceptional circumstances" as employed in Section 947.173(3). The Commission having announced its intention

Thorne v. Department of Corrections

36 So. 3d 805, 2010 Fla. App. LEXIS 7323, 2010 WL 2077167

District Court of Appeal of Florida | Filed: May 26, 2010 | Docket: 2410362

Published

to grant the petition for writ of mandamus. Section 947.173(1), Florida Statutes, provides: An inmate may

Tooma v. Florida Parole Commission

612 F. Supp. 2d 1255, 2009 U.S. Dist. LEXIS 41810, 2009 WL 1227002

District Court, S.D. Florida | Filed: Apr 10, 2009 | Docket: 2361752

Published

cause in exceptional circumstances." Fla. Stat. § 947.173(3). If an inmate's institutional conduct has been

Ruzicka v. Florida Parole & Probation Commission

480 So. 2d 190, 11 Fla. L. Weekly 4, 1985 Fla. App. LEXIS 16911

District Court of Appeal of Florida | Filed: Dec 19, 1985 | Docket: 64616257

Published

Aggravated Battery.” Appellant sought relief under section 947.173, Florida Statutes, which was denied on July

Bell v. Florida Parole & Probation Commission

473 So. 2d 23, 10 Fla. L. Weekly 1801

District Court of Appeal of Florida | Filed: Jul 24, 1985 | Docket: 64613304

Published

thirty-two-month aggravation is time-barred, section 947.173(1), Florida Statutes (1983), Myers v. Florida

Swain v. Florida Parole & Probation Commission

464 So. 2d 190, 10 Fla. L. Weekly 358, 1985 Fla. App. LEXIS 12320

District Court of Appeal of Florida | Filed: Feb 11, 1985 | Docket: 64610161

Published

of the Commission’s decision, pursuant to section 947.173, Florida Statutes, claiming (along with another

Zatler v. State

457 So. 2d 1083, 9 Fla. L. Weekly 1935, 1984 Fla. App. LEXIS 14977

District Court of Appeal of Florida | Filed: Sep 13, 1984 | Docket: 64607513

Published

for good cause in exceptional circumstances, section 947.173(3), Florida Statutes,2 or for reason of institutional

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

September 1, 1987. Appellant timely filed his § 947.173, Fla.Stat. review request, pointing out that assault

Collins v. Florida Parole & Probation Commission

441 So. 2d 645, 1983 Fla. App. LEXIS 19206

District Court of Appeal of Florida | Filed: Apr 27, 1983 | Docket: 64601128

Published

considered by the Commission at his first section 947.173 review in 1979. See Broxson v. Florida Parole

Jackson v. Florida Parole & Probation Commission

429 So. 2d 1306, 1983 Fla. App. LEXIS 19047

District Court of Appeal of Florida | Filed: Apr 14, 1983 | Docket: 64596472

Published

grant each petitioner a review pursuant to section 947.173. In Jackson’s case, the Commission granted

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

for good cause in exceptional circumstances.” § 947.173(3), Fla.Stat. (1981). The clear import of Chapter

Myers v. Florida Parole & Probation Commission

423 So. 2d 481, 1982 Fla. App. LEXIS 28665

District Court of Appeal of Florida | Filed: Dec 10, 1982 | Docket: 64593953

Published

PPRD within the sixty-day period pursuant to Section 947.173, Florida Statutes (1979). Also, a re-interview

Johnson v. Florida Parole & Probation Commission

423 So. 2d 480, 1982 Fla. App. LEXIS 21775

District Court of Appeal of Florida | Filed: Dec 10, 1982 | Docket: 64593952

Published

appellant sought Commission review, pursuant to Section 947.173, Florida Statutes, of the same issues raised

Gonzales v. Florida Parole & Probation Commission

421 So. 2d 675, 1982 Fla. App. LEXIS 21558

District Court of Appeal of Florida | Filed: Nov 3, 1982 | Docket: 64593139

Published

Commission’s action within 60 days as required by Section 947.173(1), Florida Statutes (1981), he is precluded

Arlotta v. Florida Parole & Probation Commission

419 So. 2d 1159, 1982 Fla. App. LEXIS 21334

District Court of Appeal of Florida | Filed: Sep 29, 1982 | Docket: 64592246

Published

(Commission) for its consideration during Arlot-ta’s § 947.173, Fla.Stat. (1981), review. Appellant contends

Moats v. Florida Parole & Probation Commission

419 So. 2d 775, 1982 Fla. App. LEXIS 21233

District Court of Appeal of Florida | Filed: Sep 23, 1982 | Docket: 64592183

Published

for good cause in exceptional circumstances (Section 947.173(3))1, or for reason of institutional conduct

McClain v. FLA. PAROLE & PROBATION COM'N

416 So. 2d 1209

District Court of Appeal of Florida | Filed: Jul 16, 1982 | Docket: 1225284

Published

Commission's (Commission) refusal to grant a § 947.173, Fla. Stat. (1981), review of Commission biennial

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

petitioner filed for and received a review under Section 947.173(1), Florida Statutes (1979), which resulted

Swain v. Florida Parole & Probation Commission

414 So. 2d 1100

District Court of Appeal of Florida | Filed: May 21, 1982 | Docket: 64590410

Published

review the issues raised by appellant at his § 947.173, Fla. Stat. (1981), review is affirmed in part

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

Probation Commission (Commission) to: (1) comply with § 947.173(2), Fla.Stat. (1981), by examining petitioner’s

Bizzigotti v. FLA. PAROLE & PROBATION COM'N

410 So. 2d 1360

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

Published

the Commission to invoke the provisions of Section 947.173(3), permitting modification of a PPRD "for

Law v. Florida Parole & Probation Commission

411 So. 2d 1329, 1982 Fla. App. LEXIS 19385

District Court of Appeal of Florida | Filed: Mar 8, 1982 | Docket: 64588980

Published

PPRDs.2 The Objective Parole Guidelines Act, § 947.173(1), Fla.Stat. (1981), provides a procedure for

Hall v. Florida Parole & Probation Commission

408 So. 2d 1076, 1982 Fla. App. LEXIS 18881

District Court of Appeal of Florida | Filed: Jan 14, 1982 | Docket: 64587401

Published

statutory conditions for a right of review under § 947.-173-174(1), Florida Statutes. It presented no issue

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

exceptional circumstances” as employed in Section 947.173(3). The Commission having announced its intention

Gordon v. Florida Parole & Probation Commission

382 So. 2d 798, 1980 Fla. App. LEXIS 16540

District Court of Appeal of Florida | Filed: Apr 10, 1980 | Docket: 64575650

Published

Administrative remedies under Florida Statutes, § 947.173 have been exhausted. On consideration of the petition

Pridgen v. Florida Parole Commission

380 So. 2d 557, 1980 Fla. App. LEXIS 16047

District Court of Appeal of Florida | Filed: Mar 3, 1980 | Docket: 64574705

Published

reconsideration of his presumptive parole release date. Section 947.173, Fla.Stat., provides for administrative review

Dodd v. Florida Parole & Probation Commission

380 So. 2d 556, 1980 Fla. App. LEXIS 16046

District Court of Appeal of Florida | Filed: Mar 3, 1980 | Docket: 64574704

Published

sentences as if they were consecutive sentences. Section 947.173, Fla.Stat., provides for administrative review

Panzavecchia v. Crockett

379 So. 2d 1047, 1980 Fla. App. LEXIS 15948

District Court of Appeal of Florida | Filed: Feb 20, 1980 | Docket: 64574302

Published

petitioner’s notice of appeal filed under Section 947.173, Florida Statutes (1978), and that respondents

Polk v. Crockett

379 So. 2d 369, 1980 Fla. App. LEXIS 15749

District Court of Appeal of Florida | Filed: Jan 28, 1980 | Docket: 64574088

Published

petition show that administrative remedies under Section 947.173, Florida Statutes (1979), have been exhausted

Anderson v. Florida Probation & Parole Commission

378 So. 2d 861, 1979 Fla. App. LEXIS 16270

District Court of Appeal of Florida | Filed: Dec 20, 1979 | Docket: 64573707

Published

been considered, the same is hereby denied. Section 947.173, F.S.A. (1978), provides for administrative

Dodd v. Florida Parole & Probation Commission

378 So. 2d 309, 1979 Fla. App. LEXIS 16245

District Court of Appeal of Florida | Filed: Dec 17, 1979 | Docket: 64573548

Published

sentences as if they were consecutive sentences. Section 947.173, Florida Statutes, provides for an administrative

Houston v. FLA. PAROLE & PROBATION COMM.

377 So. 2d 34

District Court of Appeal of Florida | Filed: Nov 19, 1979 | Docket: 2558222

Published

such hearing panels consist of two examiners. Section 947.173, Fla. Stat., provides for an administrative