947.181

Fines, fees, restitution, or other costs ordered to be paid as conditions of parole.

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947.181 Fines, fees, restitution, or other costs ordered to be paid as conditions of parole.—

(1) The commission shall require the payment of fines, fees, restitution, or other court-ordered costs as a condition of parole unless the commission finds reasons to the contrary. Restitution to the aggrieved party for injury, damage, or loss caused by the offense for which the parolee was imprisoned shall have first priority in the payment of amounts owed under this section. If the commission does not require the payment of fines, fees, restitution, or other court-ordered costs or requires only partial payment of the fines, fees, restitution, or other court-ordered costs, the commission shall state on the record the reasons for its decision.

(2) If the parolee fails to make the payments as required in subsection (1), it shall be considered by the commission as a violation of parole as specified in s. 947.21 and may be cause for revocation of parole.

(3) If a defendant is paroled, any restitution ordered under s. 775.089 shall be a condition of such parole. The Florida Commission on Offender Review may revoke parole if the defendant fails to comply with such order.

(4) In determining whether to revoke parole, the commission shall consider the defendant’s employment status, earning ability, and financial resources; the willfulness of the defendant’s failure to pay; and any other special circumstances that may have a bearing on the defendant’s ability to pay.

History.—s. 3, ch. 77-150; s. 304, ch. 79-400; s. 34, ch. 83-131; ss. 5, 10, ch. 84-363; s. 37, ch. 86-183; ss. 25, 67, ch. 88-122; s. 17, ch. 89-531; s. 20, ch. 90-337; s. 1, ch. 93-2; s. 9, ch. 93-37; s. 1677, ch. 97-102; s. 21, ch. 2012-100; s. 47, ch. 2014-191.

Notes of Decisions

Cited in 2 cases, 1980–1997 · leading case: Harvin v. State

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Harvin v. State (1997) fladistctapp · cites it 3× “This appeal raises the question whether section 947.181, Florida Statutes (1989), which grants the Parole Commission the authority to impose restitution as a condition of parole, violates the separation of powers provision of the Florida Constitution.”

Panzavecchia v. Crockett (1980) fladistctapp · cites it 2× “See also Section 947.181, Florida Statutes (1977) (victim restitution); Section 945.”

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