Florida Statutes
Fla. Stat. § 947.173 (2025)
Review of presumptive parole release date.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 50
cases, 1979–2020 · leading case: Williams v. Florida Parole Com'n, 625 So. 2d 926 (Fla. 1st DCA 1993).
Williams v. Florida Parole Com'n, 625 So. 2d 926 (Fla. 1st DCA 1993). “During the ensuing eight years, in addition to the regularly scheduled interviews, Williams filed several requests for review and reduction of his PPRD pursuant to section 947.173, Florida Statutes, pointing out such things as his clean institutional disciplinary record, award…”
Daniels v. Florida Parole & Prob. Comm'n, 401 So. 2d 1351 (Fla. 1st DCA 1981). “The notice shall state the date of the Commission's action and that the appeal is from an order determining the presumptive parole release date.”
Mcclain v. Fla. Parole & Prob. Com'n, 416 So. 2d 1209 (Fla. 1st DCA 1982). “(1981), of *1210 the Florida Parole and Probation Commission's (Commission) refusal to grant a § 947.173, Fla. Stat. (1981), review of Commission biennial action.”
Gobie v. Florida Parole & Prob. Com'n, 416 So. 2d 838 (Fla. 1st DCA 1982). “In two of the cases before us, no § 947.173 review was sought; in the third, the review was sought but has not been answered by the Commission.”
Canter v. Florida Parole & Prob. Com'n, 409 So. 2d 227 (Fla. 1st DCA 1982). “Section 947.173, Florida Statutes (1979).”
Bizzigotti v. Fla. Parole & Prob. Com'n, 410 So. 2d 1360 (Fla. 1st DCA 1982). “Furthermore, petitioner alleged and the record of the Commission's action verifies, that upon receipt of appellant's application for review under Section 947.173, Florida Statutes, the Commission gave no further particularities or explanation concerning the basis for the…”
Mckahn v. Florida Parole & Prob., 399 So. 2d 476 (Fla. 1st DCA 1981). “16(4) should be considered in pari materia with Section 947.173(3), permitting the Commission to modify a parole release date "for good cause in exceptional circumstances.”
Moats v. Florida Parole & Prob. Comm'n, 419 So. 2d 775 (Fla. 1st DCA 1982). “2 In defense of its actions, the Commission urges that notwithstanding its prior determination of a PPRD (which, incidentally, it modified pursuant to a Section 947.173 review, establishing a new PPRD of August 9, 1981), it retained authority to reject the PPRD previously…”
Roth v. Crosby, 884 So. 2d 407 (Fla. 2d DCA 2004). “NOTES [1] Our record is unclear as to whether Roth exhausted his administrative remedies pursuant to section 947.173, Florida Statutes (1999), which he was required to do before seeking review of the Commission's action in the circuit court.”
Zatler v. State, 457 So. 2d 1083 (Fla. 5th DCA 1984). “Zatler relies on various statutory provisions which provide in essence that a PPRD, once established, is binding on the Commission except for good cause in exceptional circumstances, section 947.173(3), Florida Statutes, 2 or for reason of institutional conduct or the…”
Kirsch v. Greadington, 425 So. 2d 153 (Fla. 1st DCA 1983). “In this case, while Kirsch alleges he has exhausted his administrative remedies, he does not allege he sought and received a § 947.173 review of the Commission action extending his PPRD 13 months.”
Baker v. Florida Parole & Prob. Com'n, 384 So. 2d 746 (Fla. 1st DCA 1980). “Furthermore, § 947.173, Florida Statutes, allows an inmate to request review of his presumptive parole release date if he ".”
— 947.173(1) — 10 cases
Canter v. Florida Parole & Prob. Com'n, 409 So. 2d 227 (Fla. 1st DCA 1982). “Section 947.173, Florida Statutes (1979).”
Gobie v. Florida Parole & Prob. Com'n, 416 So. 2d 838 (Fla. 1st DCA 1982). “In two of the cases before us, no § 947.173 review was sought; in the third, the review was sought but has not been answered by the Commission.”
Mcclain v. Fla. Parole & Prob. Com'n, 416 So. 2d 1209 (Fla. 1st DCA 1982). “(1981), of *1210 the Florida Parole and Probation Commission's (Commission) refusal to grant a § 947.173, Fla. Stat. (1981), review of Commission biennial action.”
Bizzigotti v. Fla. Parole & Prob. Com'n, 410 So. 2d 1360 (Fla. 1st DCA 1982). “Furthermore, petitioner alleged and the record of the Commission's action verifies, that upon receipt of appellant's application for review under Section 947.173, Florida Statutes, the Commission gave no further particularities or explanation concerning the basis for the…”
Gonzales v. Florida Parole & Prob. Comm'n, 421 So. 2d 675 (Fla. 1st DCA 1982).
— 947.173(2) — 3 cases
Daniels v. Florida Parole & Prob. Comm'n, 401 So. 2d 1351 (Fla. 1st DCA 1981). “The notice shall state the date of the Commission's action and that the appeal is from an order determining the presumptive parole release date.”
Zygadlo v. Florida Parole & Prob. Comm'n, 414 So. 2d 600 (Fla. 1st DCA 1982).
Gerlock v. Florida Parole & Prob. Comm'n, 411 So. 2d 1386 (Fla. 1st DCA 1982).
— 947.173(3) — 14 cases
Williams v. Florida Parole Com'n, 625 So. 2d 926 (Fla. 1st DCA 1993). “During the ensuing eight years, in addition to the regularly scheduled interviews, Williams filed several requests for review and reduction of his PPRD pursuant to section 947.173, Florida Statutes, pointing out such things as his clean institutional disciplinary record, award…”
Mckahn v. Florida Parole & Prob., 399 So. 2d 476 (Fla. 1st DCA 1981). “16(4) should be considered in pari materia with Section 947.173(3), permitting the Commission to modify a parole release date "for good cause in exceptional circumstances.”
Zatler v. State, 457 So. 2d 1083 (Fla. 5th DCA 1984). “Zatler relies on various statutory provisions which provide in essence that a PPRD, once established, is binding on the Commission except for good cause in exceptional circumstances, section 947.173(3), Florida Statutes, 2 or for reason of institutional conduct or the…”
Pannier v. Wainwright, 423 So. 2d 533 (Fla. 5th DCA 1982).
Moats v. Florida Parole & Prob. Comm'n, 419 So. 2d 775 (Fla. 1st DCA 1982). “2 In defense of its actions, the Commission urges that notwithstanding its prior determination of a PPRD (which, incidentally, it modified pursuant to a Section 947.173 review, establishing a new PPRD of August 9, 1981), it retained authority to reject the PPRD previously…”
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