Florida Statutes

Fla. Stat. § 947.1745 (2025)

Establishment of effective parole release date.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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947.1745 Establishment of effective parole release date.—If the inmate’s institutional conduct has been satisfactory, the presumptive parole release date shall become the effective parole release date as follows:

(1) Within 90 days before the presumptive parole release date, a hearing examiner shall conduct a final interview with the inmate in order to establish an effective parole release date and parole release plan. If it is determined that the inmate’s institutional conduct has been unsatisfactory, a statement to this effect shall be made in writing with particularity and shall be forwarded to a panel of no fewer than two commissioners appointed by the chair.

(2) If the panel finds that the inmate’s parole release plan is unsatisfactory, this finding may constitute new information and good cause in exceptional circumstances as described in s. 947.173, under which the panel may extend the presumptive parole release date for not more than 1 year. The panel may review any subsequently proposed parole release plan at any time.

(3) Within 30 days after receipt of the inmate’s parole release plan, the panel shall determine whether to authorize the effective parole release date. The inmate must be notified of the decision in writing within 30 days after the decision by the panel.

(4) If an effective date of parole has been established, release on that date is conditioned upon the completion of a satisfactory plan for parole supervision. An effective date of parole may be delayed for up to 60 days by a commissioner without a hearing for the development and approval of release plans.

(5) An effective date of parole may be delayed by a commissioner for up to 60 days without a hearing based on:

(a) New information not available at the time of the effective parole release date interview.

(b) Unsatisfactory institutional conduct which occurred subsequent to the effective parole release date interview.

(6) Within 90 days before the effective parole release date interview, the commission shall send written notice to the sentencing judge of any inmate who has been scheduled for an effective parole release date interview. If the sentencing judge is no longer serving, the notice must be sent to the chief judge of the circuit in which the offender was sentenced. The chief judge may designate any circuit judge within the circuit to act in the place of the sentencing judge. Within 30 days after receipt of the commission’s notice, the sentencing judge, or the designee, shall send to the commission notice of objection to parole release, if the judge objects to such release. If there is objection by the judge, such objection may constitute good cause in exceptional circumstances as described in s. 947.173, and the commission may schedule a subsequent review within 2 years, extending the presumptive parole release date beyond that time. However, for an inmate who has been:

(a) Convicted of murder or attempted murder;

(b) Convicted of sexual battery or attempted sexual battery;

(d) Convicted of 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

(e) Sentenced to a 25-year minimum mandatory sentence previously provided in s. 775.082,

the commission may schedule a subsequent review under this subsection once every 7 years, extending the presumptive parole release date beyond that time if the commission finds that it is not reasonable to expect that parole would be granted at a review 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 release date, the commission may schedule a subsequent review before the 7-year schedule. With any subsequent review the same procedure outlined above will be followed. If the judge remains silent with respect to parole release, the commission may authorize an effective parole release date. This subsection applies if the commission desires to consider the establishment of an effective release date without delivery of the effective parole release date interview. Notice of the effective release date must be sent to the sentencing judge, and either the judge’s response to the notice must be received or the time period allowed for such response must elapse before the commission may authorize an effective release date.

History.—s. 14, ch. 82-171; s. 34, ch. 83-131; s. 190, ch. 83-216; ss. 33, 37, ch. 86-183; ss. 22, 67, ch. 88-122; s. 17, ch. 89-531; s. 20, ch. 90-337; s. 53, ch. 91-110; s. 1, ch. 93-2; s. 9, ch. 93-61; s. 1676, ch. 97-102; s. 3, ch. 97-289; s. 3, ch. 2010-95; s. 3, ch. 2013-119.

Notes of Decisions

Cited in 25 cases (1 in the last 5 years), 1984–2024 · leading case: Williams v. Florida Parole Com'n, 625 So. 2d 926 (Fla. 1st DCA 1993).

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Williams v. Florida Parole Com'n, 625 So. 2d 926 (Fla. 1st DCA 1993). · cites it 15× “By April 1990, as Williams was approaching within 90 days of his July 16, 1990, parole release date, the Commission, as required by section 947.1745, Florida Statutes (1989), [2] and Commission rule 23-21.”

Gaines v. Florida Parole Com'n, 743 So. 2d 118 (Fla. 4th DCA 1999). · cites it 17× “In it, he alleged that section 947.1745 was unconstitutionally applied to him.”

Florida Parole Comm'n v. Spaziano, 48 So. 3d 714 (Fla. 2010). · cites it 4× “Section 947.1745, Florida Statutes (2009), directs the Commission to establish the inmate's effective parole release date and provides in pertinent part that "[i]f the inmate's institutional conduct has been satisfactory, the presumptive parole release date shall become the…”

Florida Parole & Prob. Comm. v. Dornau, 534 So. 2d 789 (Fla. 1st DCA 1988). · cites it 6× “Pursuant to section 947.1745(4), Florida Statutes (1986 Supp.”

Rooks v. State, 224 So. 3d 272 (Fla. 3d DCA 2017). · cites it 2× “§ 947.1745, Fla. Stat. (2015). The Commission then engages in a final review process to determine if release is still appropriate and will authorize or modify the effective parole release date accordingly.”

Florida Parole & Prob. Com'n v. Paige, 462 So. 2d 817 (Fla. 1985). · cites it 2× “(1981) (now § 947.1745, Fla. Stat. (1983)). In analyzing the effect of these statutory changes, the First District Court of Appeal has said that Florida's Objective Parole Guidelines Act has restricted the Commission's previously unbounded discretion in granting parole.”

Spradley v. Parole Comm'n, 198 So. 3d 642 (Fla. 2d DCA 2015). · cites it 5× “See § 947.1745(6), Fla. Stat. (2012); Fla. Admin.”

Armour v. Florida Parole Com'n, 963 So. 2d 305 (Fla. 1st DCA 2007). · cites it 2× “See § 947.1745(5)(a), Fla. Stat. (2005). Armour waived his right to a hearing and agreed to an extension of his EPRD to a date 30 days from the Commission's receipt of Michigan's completed investigation.”

Albert E. Paschal v. Louie L. Wainwright, Etc., 738 F.2d 1173 (11th Cir. 1984). “Fla.Stat.Ann. § 947.1745 (1983 Supp.); May v.”

Gattis v. Parole & Prob. Com'n, 535 So. 2d 640 (Fla. 1st DCA 1988). · cites it 2× “In 1986, the legislature, deeming important to the review of an inmate's PPRD the sentencing judge's objection thereto, [1] amended section 947.1745 to add subsection (4) providing that .”

Florida Parole Comm'n v. Snipes, 616 So. 2d 1177 (Fla. 1st DCA 1993). · cites it 4× “On February 13, 1991, the Commission notified Snipes’ sentencing court, pursuant to section 947.1745(4), 1 that *1178 he was being considered for an effective parole release date (EPRD), based upon his PPRD of May 7, 1991.”

Florida Parole Comm'n v. Jackson, 618 So. 2d 766 (Fla. 4th DCA 1993). · cites it 6× “Prior to the June 2, 1988, release date, and pursuant to section 947.1745(4), Florida Statutes, the commission sent written notice to Judge Futch, the trial court judge who had imposed appellee’s sentence, informing him that the commission had scheduled Mr.”

Show all 25 citing cases →

— 947.1745(1) — 1 case

Florida Parole Comm'n v. Chapman, 919 So. 2d 689 (Fla. 4th DCA 2006).

— 947.1745(4) — 7 cases

Williams v. Florida Parole Com'n, 625 So. 2d 926 (Fla. 1st DCA 1993). “By April 1990, as Williams was approaching within 90 days of his July 16, 1990, parole release date, the Commission, as required by section 947.1745, Florida Statutes (1989), [2] and Commission rule 23-21.”

Florida Parole & Prob. Comm. v. Dornau, 534 So. 2d 789 (Fla. 1st DCA 1988). “Pursuant to section 947.1745(4), Florida Statutes (1986 Supp.”

Gaines v. Florida Parole Com'n, 743 So. 2d 118 (Fla. 4th DCA 1999). “In it, he alleged that section 947.1745 was unconstitutionally applied to him.”

Florida Parole Comm'n v. Snipes, 616 So. 2d 1177 (Fla. 1st DCA 1993). “On February 13, 1991, the Commission notified Snipes’ sentencing court, pursuant to section 947.1745(4), 1 that *1178 he was being considered for an effective parole release date (EPRD), based upon his PPRD of May 7, 1991.”

Florida Parole Comm'n v. Jackson, 618 So. 2d 766 (Fla. 4th DCA 1993). “Prior to the June 2, 1988, release date, and pursuant to section 947.1745(4), Florida Statutes, the commission sent written notice to Judge Futch, the trial court judge who had imposed appellee’s sentence, informing him that the commission had scheduled Mr.”

— 947.1745(5)(a) — 1 case

Armour v. Florida Parole Com'n, 963 So. 2d 305 (Fla. 1st DCA 2007). “See § 947.1745(5)(a), Fla. Stat. (2005). Armour waived his right to a hearing and agreed to an extension of his EPRD to a date 30 days from the Commission's receipt of Michigan's completed investigation.”

— 947.1745(6) — 5 cases

Gaines v. Florida Parole Com'n, 743 So. 2d 118 (Fla. 4th DCA 1999). “In it, he alleged that section 947.1745 was unconstitutionally applied to him.”

Spradley v. Parole Comm'n, 198 So. 3d 642 (Fla. 2d DCA 2015). “See § 947.1745(6), Fla. Stat. (2012); Fla. Admin.”

Morris v. Florida Parole Com'n, 991 So. 2d 431 (Fla. 1st DCA 2008).

William Inmon v. Florida Comm'n on Offender Review, 162 So. 3d 1114 (Fla. 1st DCA 2015).

Hawkins v. Florida Parole Comm'n, 88 So. 3d 436 (Fla. 1st DCA 2012).

— 947.1745(6)(c) — 1 case

Gaines v. Florida Parole Com'n, 743 So. 2d 118 (Fla. 4th DCA 1999). “In it, he alleged that section 947.1745 was unconstitutionally applied to him.”

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