Florida Statutes

Fla. Stat. § 947.174 (2025)

Subsequent interviews.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 32 cases (3 in the last 5 years), 1980–2024 · leading case: State of Florida v. Budry Michel, 257 So. 3d 3 (Fla. 2018).

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State of Florida v. Budry Michel, 257 So. 3d 3 (Fla. 2018). · cites it 2× “For example, under section 947.174(3), Florida Statutes, the presumptive parole release date is reviewed every 7 years in light of information "including, but not limited to, current progress reports, psychological reports, and disciplinary reports.”

Ben E. Jones v. State of Florida Parole Comm'n, 787 F.3d 1105 (11th Cir. 2015). · cites it 2× “” Fla. Stat. § 947.174 (1) (1978). A PPRD can be modified only (1) based on new information, (2) based on institutional conduct, or (3) “for good cause in exceptional circumstances.”

Tuff v. State, 732 So. 2d 461 (Fla. 3d DCA 1999). · cites it 16× “See § 947.174, Fla. Stat. (1997). Moreover, as in Morales , the Florida statute is narrowly constructed: (1) it affects the timing only of subsequent (not initial) parole hearings; (2) it requires a hearing on the matter; (3) it applies only when the parole commission finds that…”

Rooks v. State, 224 So. 3d 272 (Fla. 3d DCA 2017). · cites it 2× “§ 947.174, Fla. Stat. (2015). When the inmate’s presumptive parole release date nears and if the inmate’s institutional conduct and parole release plan are satisfactory, the presumptive parole release date becomes the effective parole release date.”

Gobie v. Florida Parole & Prob. Com'n, 416 So. 2d 838 (Fla. 1st DCA 1982). · cites it 4× “On its face, § 947.174(6), Fla. Stat. (1981), which prescribes the procedure for making the PPRD the EPRD, indicates that the only proper criterion for consideration is whether the inmate's institutional conduct has been satisfactory.”

Florida Parole & Prob. Com'n v. Paige, 462 So. 2d 817 (Fla. 1985). · cites it 2× “" § 947.174(6), Fla. Stat. (1981) (now § 947.”

Dornau v. Fla. Parole & Prob. Comm., 420 So. 2d 894 (Fla. 1st DCA 1982). · cites it 4× “Dornau's presumptive parole release date (PPRD) came up for biennial review pursuant to Section 947.174(1), Florida Statutes (1981).”

Jackson v. Florida Parole & Prob. Comm'n, 424 So. 2d 930 (Fla. 1st DCA 1983). · cites it 3× “The Commission is still bound by § 947.174(1) to review Jackson's case biennially.”

Canter v. Florida Parole & Prob. Com'n, 409 So. 2d 227 (Fla. 1st DCA 1982). · cites it 4× “Section 947.174, subsection (2), providing that the Commission for good cause "may at any time" request subsequent review by a hearing examiner panel, merely implements Section 947.”

Battis v. Florida Parole & Prob. Comm'n, 386 So. 2d 295 (Fla. 1st DCA 1980). · cites it 2× “" Furthermore, § 947.174(3), Fla. Stat. (1978), states: "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,…”

Mcclain v. Fla. Parole & Prob. Com'n, 416 So. 2d 1209 (Fla. 1st DCA 1982). · cites it 3× “See § 947.174(1), Fla. Stat. (1981). The Commission's final order declining to grant a review stated that the issues presented by McClain involved the Commission action that originally established his presumptive parole release date (PPRD), that only Commission action at the…”

Angelo Atwell v. State of Florida, 197 So. 3d 1040 (Fla. 2016). · cites it 11× “§ 947.174, Fla. Stat. (2015). When the inmate’s presumptive parole release date nears and if the inmate’s institutional conduct and parole release plan are satisfactory, the presumptive parole release date becomes the effective parole release date.”

Show all 32 citing cases →

— 947.174(1) — 5 cases

Dornau v. Fla. Parole & Prob. Comm., 420 So. 2d 894 (Fla. 1st DCA 1982). “Dornau's presumptive parole release date (PPRD) came up for biennial review pursuant to Section 947.174(1), Florida Statutes (1981).”

Canter v. Florida Parole & Prob. Com'n, 409 So. 2d 227 (Fla. 1st DCA 1982). “Section 947.174, subsection (2), providing that the Commission for good cause "may at any time" request subsequent review by a hearing examiner panel, merely implements Section 947.”

Mcclain v. Fla. Parole & Prob. Com'n, 416 So. 2d 1209 (Fla. 1st DCA 1982). “See § 947.174(1), Fla. Stat. (1981). The Commission's final order declining to grant a review stated that the issues presented by McClain involved the Commission action that originally established his presumptive parole release date (PPRD), that only Commission action at the…”

Jackson v. Florida Parole & Prob. Comm'n, 424 So. 2d 930 (Fla. 1st DCA 1983). “The Commission is still bound by § 947.174(1) to review Jackson's case biennially.”

Sheley v. Florida Parole & Prob. Comm'n, 496 So. 2d 854 (Fla. 1st DCA 1986).

— 947.174(1)(b) — 3 cases

Boone v. Florida Comm'n on Offender Review (M.D. Fla. 2020).

Coto v. Florida Comm'n on Offender Review (Fla. 1st DCA 2024).

McCutcheon v. Florida Comm'n On Offender Review (S.D. Fla. 2023).

— 947.174(2) — 3 cases

Arlotta v. Florida Parole & Prob. Comm'n, 419 So. 2d 1159 (Fla. 1st DCA 1982).

Coto v. Florida Comm'n on Offender Review (Fla. 1st DCA 2024).

— 947.174(3) — 4 cases

State of Florida v. Budry Michel, 257 So. 3d 3 (Fla. 2018). “For example, under section 947.174(3), Florida Statutes, the presumptive parole release date is reviewed every 7 years in light of information "including, but not limited to, current progress reports, psychological reports, and disciplinary reports.”

Battis v. Florida Parole & Prob. Comm'n, 386 So. 2d 295 (Fla. 1st DCA 1980). “" Furthermore, § 947.174(3), Fla. Stat. (1978), states: "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,…”

Angelo Atwell v. State of Florida, 197 So. 3d 1040 (Fla. 2016). “§ 947.174, Fla. Stat. (2015). When the inmate’s presumptive parole release date nears and if the inmate’s institutional conduct and parole release plan are satisfactory, the presumptive parole release date becomes the effective parole release date.”

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

— 947.174(5)(b) — 1 case

Jackson v. Florida Parole & Prob. Comm'n, 429 So. 2d 1306 (Fla. 1st DCA 1983).

— 947.174(6) — 4 cases

Gobie v. Florida Parole & Prob. Com'n, 416 So. 2d 838 (Fla. 1st DCA 1982). “On its face, § 947.174(6), Fla. Stat. (1981), which prescribes the procedure for making the PPRD the EPRD, indicates that the only proper criterion for consideration is whether the inmate's institutional conduct has been satisfactory.”

Florida Parole & Prob. Com'n v. Paige, 462 So. 2d 817 (Fla. 1985). “" § 947.174(6), Fla. Stat. (1981) (now § 947.”

Jackson v. Florida Parole & Prob. Comm'n, 424 So. 2d 930 (Fla. 1st DCA 1983). “The Commission is still bound by § 947.174(1) to review Jackson's case biennially.”

Kirsch v. Greadington, 425 So. 2d 153 (Fla. 1st DCA 1983).

— 947.174(6)(a) — 1 case

Moats v. Florida Parole & Prob. Comm'n, 419 So. 2d 775 (Fla. 1st DCA 1982).

— 947.174(6)(b) — 1 case

Todd v. Florida Parole & Prob. Comm'n, 410 So. 2d 584 (Fla. 1st DCA 1982).

— 947.174(l)(b) — 2 cases

Glenn Battle v. Florida Comm'n on Offender Review, 188 So. 3d 10 (Fla. 1st DCA 2016).

Angel Barreiro v. Florida Comm'n on Offender Review, 164 So. 3d 1249 (Fla. 1st DCA 2015).

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