Florida Statute 947.174 - 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. 947.174

947.174 Subsequent interviews.—

(1)(a) For any inmate, except an inmate convicted of an offense enumerated in paragraph (b), whose presumptive parole release date falls more than 2 years after the date of the initial interview, a hearing examiner shall schedule an interview for review of the presumptive parole release date. Such interview shall take place within 2 years after the initial interview and every 2 years thereafter.

(b) For any inmate convicted of murder or attempted murder; sexual battery or attempted sexual battery; kidnapping or attempted kidnapping; or robbery, burglary of a dwelling, burglary of a structure or conveyance, or breaking and entering, or the attempt thereof of any of these crimes, in which a human being is present and a sexual act is attempted or completed, or any inmate who has been sentenced to a 25-year minimum mandatory sentence previously provided in s. 775.082, and whose presumptive parole release date is more than 7 years after the date of the initial interview, a hearing examiner shall schedule an interview for review of the presumptive parole release date. The interview shall take place once within 7 years after the initial interview and once every 7 years thereafter if the commission finds that it is not reasonable to expect that parole will be granted at a hearing during the following years and states the bases for the finding in writing. For an inmate who is within 7 years of his or her tentative release date, the commission may establish an interview date before the 7-year schedule.

(c) Such interviews shall be limited to determining whether or not information has been gathered which might affect the presumptive parole release date. The provisions of this subsection shall not apply to an inmate serving a concurrent sentence in another jurisdiction pursuant to s. 921.16(2).

(2) The commission, for good cause, may at any time request that a hearing examiner conduct a subsequent hearing according to the procedures outlined in this section. Such request shall specify in writing the reasons for such review.

(3) The department shall, within a reasonable amount of time, make available and bring to the attention of the commission such information as is deemed important to the review of the presumptive parole release date, including, but not limited to, current progress reports, psychological reports, and disciplinary reports.

(4) The department or a hearing examiner may recommend that an inmate be placed in a work-release program prior to the last 18 months of her or his confinement before the presumptive parole release date. If the commission does not deny the recommendation within 30 days of the receipt of the recommendation, the inmate may be placed in such a program, and the department shall advise the commission of the fact prior to such placement.

(5) For purposes of this section, the commission shall develop and make available to all inmates guidelines which:

(a) Define what constitutes an unsatisfactory institutional record. In developing such guidelines, the commission shall consult with the department.

(b) Define what constitutes a satisfactory release plan and what constitutes verification of the plan prior to placement on parole.

History.—s. 15, ch. 78-417; s. 9, ch. 79-42; s. 4, ch. 79-310; s. 6, ch. 81-322; s. 13, ch. 82-171; s. 34, ch. 83-131; s. 37, ch. 86-183; ss. 21, 67, ch. 88-122; s. 17, ch. 89-531; s. 20, ch. 90-337; s. 1, ch. 93-2; s. 1675, ch. 97-102; s. 2, ch. 97-289; s. 2, ch. 2010-95; s. 2, ch. 2013-119.

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Amendments to 947.174

Annotations, Discussions, Cases:

Cases Citing Statute 947.174

Total Results: 29

Ben E. Jones v. State of Florida Parole Commission

787 F.3d 1105, 2015 U.S. App. LEXIS 9127, 2015 WL 3461265

Court of Appeals for the Eleventh Circuit | Filed: Jun 2, 2015 | Docket: 2661251

Cited 150 times | Published

presumptive parole release date.” Fla. Stat. § 947.174(1) (1978). A PPRD can be modified only (1) based

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

parole hearing. See Fla.Stat.Ann. § 947.174 (1983 Supp.). C. Petitioner claims that

FLORIDA PAROLE AND PROBATION COM'N v. Paige

462 So. 2d 817, 10 Fla. L. Weekly 57, 1985 Fla. LEXIS 2879

Supreme Court of Florida | Filed: Jan 17, 1985 | Docket: 449562

Cited 14 times | Published

authorize the effective parole release date." § 947.174(6), Fla. Stat. (1981) (now § 947.1745, Fla. Stat

State of Florida v. Budry Michel

257 So. 3d 3

Supreme Court of Florida | Filed: Jul 12, 2018 | Docket: 7417581

Cited 9 times | Published

in Miller . For example, under section 947.174(3), Florida Statutes, the presumptive parole

Battis v. Florida Parole & Probation Commission

386 So. 2d 295

District Court of Appeal of Florida | Filed: Jul 24, 1980 | Docket: 477417

Cited 9 times | Published

respective functions of each agency." Furthermore, § 947.174(3), Fla. Stat. (1978), states: "The Department

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

extended presumptive parole release date, section 947.174, Florida Statutes, requires a subsequent interview

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

welfare and the welfare of society. On its face, § 947.174(6), Fla. Stat. (1981), which prescribes the procedure

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

his effective parole release date (EPRD). See § 947.174(6), Fla. Stat. (1981). However, by Commission

Tuff v. State

732 So. 2d 461, 1999 WL 312294

District Court of Appeal of Florida | Filed: May 19, 1999 | Docket: 460520

Cited 3 times | Published

retroactive application of the 1997 amendment to section 947.174, Florida Statutes, to him was *462 unconstitutional

Spradley v. Parole Commission

198 So. 3d 642, 2015 Fla. App. LEXIS 13438, 2015 WL 5559801

District Court of Appeal of Florida | Filed: Sep 9, 2015 | Docket: 2757052

Cited 2 times | Published

Fla. Admin. Code R. 23-21.0155 2 ; § 947.174, Fla. *644 Stat. (1998) 3

Kirsch v. Greadington

425 So. 2d 153

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

Cited 2 times | Published

authorize an effective parole release date (EPRD), § 947.174(6), and extending his presumptive parole release

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

every 2 years thereafter. Section 947.174(1), Florida Statutes. Section 947.174, subsection (2), providing

Dornau v. FLA. PAROLE & PROB. COMM.

420 So. 2d 894

District Court of Appeal of Florida | Filed: Oct 8, 1982 | Docket: 2583611

Cited 1 times | Published

(PPRD) came up for biennial review pursuant to Section 947.174(1), Florida Statutes (1981). Although the hearing

Coto v. Florida Commission on Offender Review

District Court of Appeal of Florida | Filed: May 1, 2024 | Docket: 68209354

Published

consideration . . . .” (emphasis supplied). And section 947.174(1)(b), Florida Statutes, states that “[f]or

State of Florida v. Budry Michel

Supreme Court of Florida | Filed: Nov 1, 2018 | Docket: 8119863

Published

Supreme Court in Miller. For example, under section 947.174(3), Florida Statutes, the presumptive parole

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

could affect the presumptive parole release date. § 947.174, Fla. Stat. (2015). When the inmate’s presumptive

Glenn Battle v. Florida Commission on Offender Review

188 So. 3d 10, 2016 WL 852406

District Court of Appeal of Florida | Filed: Mar 3, 2016 | Docket: 3041620

Published

seven-year period between reviews is established by section 947.174(l)(b), Florida Statutes, which provides for

Angel Barreiro v. Florida Commission on Offender Review

164 So. 3d 1249

District Court of Appeal of Florida | Filed: Jun 10, 2015 | Docket: 2663949

Published

“subsequent interview” for March 2014 pursuant to section 947.174(l)(b), Florida Statutes (2008). Barreiro filed

Johnson v. Florida Parole Commission

610 So. 2d 624, 1992 Fla. App. LEXIS 12790, 1992 WL 365461

District Court of Appeal of Florida | Filed: Dec 15, 1992 | Docket: 64692822

Published

changed after several subsequent biennial reviews. § 947.174, Fla. Stat. (1991). On January 3, 1991, Johnson

Sheley v. Florida Parole & Probation Commission

496 So. 2d 854, 11 Fla. L. Weekly 2050, 1986 Fla. App. LEXIS 9852

District Court of Appeal of Florida | Filed: Sep 25, 1986 | Docket: 64622616

Published

declined to change the restructured PPRD. Under section 947.174(1), Florida Statutes, biennial reviews are

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

must determine whether to authorize the EPRD. § 947.-174(6), Fla.Stat. (1981) (now § 947.1745, *91Fla

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

parole release date (EPRD) and, as required by Section 947.174(5)(b), Florida Statutes (1981), his parole

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

prisoner’s institutional conduct remains satisfactory. § 947.174, Fla.Stat. (1981). The right of a prisoner to

Call v. Florida Parole & Probation Commission

420 So. 2d 896, 1982 Fla. App. LEXIS 28681

District Court of Appeal of Florida | Filed: Oct 12, 1982 | Docket: 64592719

Published

taken following Call’s biennial reinter-view, Section 947.174, Florida Statutes (1981). We affirm. The issues

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 consideration as new information. Section 947.174(2), Fla.Stat. (1981), permits the Commission

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

the parole release date interview procedure (Section 947.174, Florida Statutes; and Rule 23-21.-15, Florida

McClain v. FLA. PAROLE & PROBATION COM'N

416 So. 2d 1209

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

Published

(1981), review of Commission biennial action. See § 947.174(1), Fla. Stat. (1981). The Commission's final

Todd v. Florida Parole & Probation Commission

410 So. 2d 584, 1982 Fla. App. LEXIS 19333

District Court of Appeal of Florida | Filed: Feb 23, 1982 | Docket: 64588256

Published

*586agree to the terms and conditions of parole. § 947.174(6)(b), Florida Statutes (1979). Even assuming

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

merits of prior final agency action. § 947.16(4), § 947.-174(2), Florida Statutes. The motion is granted and