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The 2025 Florida Statutes
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F.S. 947.23947.23 Action of commission upon arrest of parolee.—(1) Within 30 days after the arrest of a person charged with violation of the terms and conditions of her or his parole, the parolee shall be afforded a prompt preliminary hearing, conducted by a member of the commission or its duly authorized representative, at or near the place of violation or arrest to determine if there is probable cause or reasonable grounds to believe that the parolee has committed a violation of the terms or conditions of her or his parole. The parolee may knowingly execute a waiver of this hearing, up until the time of such hearing, provided the consequences of such action have been fully explained. If the parolee elects to proceed with the preliminary hearing:(a) The parolee shall be afforded a timely notice of the preliminary hearing, which notice shall state the purpose of the hearing and state the alleged violation. (b) The parolee shall be permitted to cross-examine adverse witnesses, unless it is determined that good cause exists not to allow such examination. (c) The parolee shall be allowed to call witnesses as provided in subsection (3), and present evidence in her or his own behalf. (d) The parolee may be represented by counsel. The findings based on the evidence presented at the preliminary hearing shall be made available to the parolee either immediately following the preliminary hearing or within a reasonable time thereafter. (2) If the preliminary hearing results in a finding of probable cause or reasonable grounds to believe that a violation of the terms or conditions of parole has occurred, any one or more commissioners or a duly authorized representative of the commission shall convene a final revocation hearing on the alleged violation. The parolee shall appear at the final hearing in person, and, if the parolee desires, she or he may be represented by counsel. At the final hearing, the state and the parolee may introduce such evidence as is necessary and pertinent to the charge of parole violation. (3) Any one or more commissioners or a duly authorized representative of the commission may administer oaths and compel the attendance of witnesses at such hearing by the issuance of summons, subpoenas, and subpoenas duces tecum. Subpoenas and subpoenas duces tecum shall be enforceable by appropriate proceedings in circuit court, and the failure to comply with a court order enforcing a subpoena or subpoena duces tecum shall constitute contempt of court. Any one or more commissioners or a duly authorized representative of the commission may issue subpoenas on behalf of the state or the parolee. The commission may decline a request to subpoena a witness whose testimony it finds would be cumulative, irrelevant, or nonprobative. The party requesting the subpoenas shall furnish to the commissioner, commissioners, or duly authorized representative of the commission the names and addresses of her or his proposed witnesses at least 10 days prior to the hearing date. (4) At the hearing, the parolee shall be informed orally and in writing of:(a) The violation of the terms and conditions of parole with which the parolee has been charged. (b) The right to be represented by counsel. (c) The right to be heard in person. (d) The right to secure, present, and compel the attendance of witnesses as provided in subsection (3) and the production of documents on her or his behalf. (e) The right of access to all evidence used against her or him. (f) The right to confront and cross-examine adverse witnesses, unless the commissioner, commissioners, or duly authorized representative of the commission conducting the hearing finds specifically, and states in writing, good cause not to allow the confrontation. (5)(a) At any such hearing convened by one or more commissioners or a duly authorized representative of the commission, the accused may waive her or his right to proceed further if, after being informed of her or his rights and after being advised of the consequences of a waiver in regard to the nature of the order which may be entered as a result of such waiver, the accused affirms, in writing, knowledge and understanding of such rights and consequences and elects, in writing, to execute the waiver. (b) The accused violator may execute a waiver, in writing, of a final revocation hearing prior to the commencement of such hearing. Such waiver may be executed before a member of the commission or a duly authorized representative of the commission after the accused violator has been informed of her or his rights and after she or he has been advised of the consequences of a waiver. Within 14 days after the execution of a waiver, the accused may withdraw the waiver by executing a withdrawal of waiver before a notary public and forwarding the original of that withdrawal to the commission. (6) Within a reasonable time after the hearing, the commissioner, commissioners, or duly authorized representative of the commission who conducted the hearing shall make findings of fact in regard to the alleged parole violation.(a) If the hearing was conducted by three or more commissioners, a majority of them shall enter an order determining whether the charges of parole violation have been sustained, based on the findings of fact made by them. By such order they shall revoke the parole and return the parolee to prison to serve the sentence theretofore imposed upon her or him, reinstate the original order of parole, order the placement of the parolee into a community control program as set forth in s. 948.101, or enter such other order as is proper. (b) If the hearing was conducted by one or two commissioners or a duly authorized representative of the commission, at least two commissioners shall enter an order determining whether or not the charges of parole violation have been sustained, based on the findings of fact made by the commissioner, commissioners, or duly authorized representative of the commission. The commissioners, by such order, shall revoke the parole and return the parolee to prison to serve the sentence theretofore imposed upon her or him, reinstate the original order of parole, order the placement of the parolee into a community control program as set forth in s. 948.101, or enter such other order as is proper. (c) If the disposition after the revocation hearing is to place the parolee into a community control program, the commission shall be guided by the procedures and requirements provided in chapter 948 which apply to the courts regarding the development and implementation of community control. However, any decision to revoke parole shall be based on a violation of a term or condition specifically enumerated in the parole release order. In a case in which parole is revoked, the majority of the commission or the two commissioners shall make a written statement of the evidence relied on and the reasons for revoking parole. (7) Whenever a parole is revoked by the commission and the parolee is ordered by the commission to be returned to prison, the parolee, by reason of her or his misconduct, shall be deemed to forfeit all gain-time or commutation of time for good conduct, as provided for by law, earned up to the date of her or his release on parole. Nothing herein shall deprive the prisoner of her or his right to gain-time or commutation of time for good conduct, as provided by law, from the date the prisoner is returned to prison. History.—s. 17, ch. 20519, 1941; s. 4, ch. 21775, 1943; s. 1, ch. 74-241; s. 1, ch. 77-174; s. 19, ch. 78-417; s. 11, ch. 79-42; s. 17, ch. 82-171; s. 2, ch. 82-193; ss. 15, 34, ch. 83-131; s. 6, ch. 85-295; s. 37, ch. 86-183; s. 67, ch. 88-122; ss. 45, 47, ch. 89-526; s. 17, ch. 89-531; s. 20, ch. 90-337; s. 1, ch. 93-2; s. 1682, ch. 97-102; s. 37, ch. 2004-373.
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Annotations, Discussions, Cases:
Cases Citing Statute 947.23
Total Results: 31
288 So. 2d 490
Supreme Court of Florida | Filed: Jan 9, 1974 | Docket: 1270651
Cited 182 times | Published
§ 949.10 shall be given a hearing pursuant to § 947.23 or § 948.06. The hearing shall be held within
984 So. 2d 1227, 2008 WL 1901668
Supreme Court of Florida | Filed: May 1, 2008 | Docket: 76966
Cited 19 times | Published
process requirements outlined in Morrissey. Compare § 947.23, Fla. Stat. (2003) (outlining parole revocation
379 So. 2d 148
District Court of Appeal of Florida | Filed: Jan 16, 1980 | Docket: 1681228
Cited 8 times | Published
entitled to be present. See, Florida Statutes, § 947.23(6). This court must assume that the Legislature
290 So. 2d 39
Supreme Court of Florida | Filed: Feb 13, 1974 | Docket: 1510325
Cited 8 times | Published
Respondent next urges upon us the provisions of F.S. § 947.23(1), F.S.A. providing that the Parole Commission
295 So. 2d 296
Supreme Court of Florida | Filed: May 22, 1974 | Docket: 1760436
Cited 7 times | Published
Volusia County relating to constitutionality of Section 947.23, Florida Statutes, as it is incorporated in
509 So. 2d 919, 12 Fla. L. Weekly 315, 1987 Fla. LEXIS 2013
Supreme Court of Florida | Filed: Jun 25, 1987 | Docket: 1361810
Cited 5 times | Published
23-21.22(7), and the final revocation hearing, see § 947.23, Fla. Stat. (1985).
In conclusion, for the foregoing
403 So. 2d 1123
District Court of Appeal of Florida | Filed: Sep 23, 1981 | Docket: 1250906
Cited 5 times | Published
949.10 shall be given a hearing pursuant to section 947.23 or section 948.06 within ten days. Section
73 So. 2d 881, 1954 Fla. LEXIS 1759
Supreme Court of Florida | Filed: Jul 20, 1954 | Docket: 1795863
Cited 4 times | Published
17, 1954, did not meet the requirements of Section 947.23, F.S. 1951, *882 F.S.A. In this connection
782 So. 2d 955, 2001 WL 345199
District Court of Appeal of Florida | Filed: Apr 10, 2001 | Docket: 456555
Cited 3 times | Published
committed to jail pending hearings pursuant to section 947.23, Florida Statutes, for parole violations and
567 So. 2d 1000, 1990 WL 153197
District Court of Appeal of Florida | Filed: Oct 8, 1990 | Docket: 1381016
Cited 3 times | Published
Florida Parole Commission did not comply with Section 947.23, Florida Statutes (1987), which deals with
302 So. 2d 175
District Court of Appeal of Florida | Filed: Oct 25, 1974 | Docket: 1758616
Cited 3 times | Published
is forfeited by operation of the provisions of § 947.23(2) F.S. whenever a parole is revoked. Dear v.
338 F. Supp. 819, 1972 U.S. Dist. LEXIS 14910
District Court, M.D. Florida | Filed: Feb 28, 1972 | Docket: 2049237
Cited 3 times | Published
2d 449, 267 N.E.2d 238 (1970).
[8] Fla.Stat. § 947.23(1), F.S.A.
[9] Indigent Federal parolees have
378 So. 2d 882
District Court of Appeal of Florida | Filed: Dec 27, 1979 | Docket: 1795690
Cited 2 times | Published
parolee violates a condition of his parole, and Section 947.23 demands a parole revocation hearing "[a]s soon
707 So. 2d 806, 1998 Fla. App. LEXIS 1393, 1998 WL 64064
District Court of Appeal of Florida | Filed: Feb 18, 1998 | Docket: 1260220
Cited 1 times | Published
, 408 U.S. at 489, 92 S.Ct. at 2604; see also § 947.23, Fla. Stat. (1997).
With respect to appellant's
493 So. 2d 38, 11 Fla. L. Weekly 1747
District Court of Appeal of Florida | Filed: Aug 12, 1986 | Docket: 1671763
Cited 1 times | Published
subsequent felony arrests, are governed by Section 947.23, Florida Statutes (1979), which formerly had
401 So. 2d 1123
District Court of Appeal of Florida | Filed: Jun 24, 1981 | Docket: 1686554
Cited 1 times | Published
notwithstanding Section 947.23, does not mean that the normal adjudicatory procedures of Section 947.23 must be
391 So. 2d 247
District Court of Appeal of Florida | Filed: Nov 26, 1980 | Docket: 1173960
Cited 1 times | Published
conducted by the Commission or a Commissioner. Section 947.23. From that it does not follow that the Commission
901 So. 2d 169, 2005 Fla. App. LEXIS 2006, 2005 WL 415109
District Court of Appeal of Florida | Filed: Feb 23, 2005 | Docket: 64837999
Published
to revoke conditional release after a hearing. § 947.23. In issuing the writ, the circuit court prohibited
801 So. 2d 286, 2001 Fla. App. LEXIS 17501, 2001 WL 1577579
District Court of Appeal of Florida | Filed: Dec 12, 2001 | Docket: 64810656
Published
having been afforded a hearing as required by section 947.23, Florida Statutes. The circuit court denied
536 So. 2d 1169, 14 Fla. L. Weekly 133, 1988 Fla. App. LEXIS 5807, 1988 WL 139531
District Court of Appeal of Florida | Filed: Dec 30, 1988 | Docket: 64639636
Published
the preliminary hearing was untimely under section 947.23, Florida Statutes (1979), there was sufficient
517 So. 2d 714, 12 Fla. L. Weekly 2804, 1987 Fla. App. LEXIS 11566, 1987 WL 2662
District Court of Appeal of Florida | Filed: Dec 10, 1987 | Docket: 64631770
Published
County. After a preliminary hearing pursuant to section 947.23, Florida Statutes, the first allegation was
515 So. 2d 1345, 12 Fla. L. Weekly 2663, 1987 Fla. App. LEXIS 11286, 1987 WL 1902
District Court of Appeal of Florida | Filed: Nov 24, 1987 | Docket: 64631159
Published
cause for the parole violations pursuant to section 947.23, Florida Statutes. The hearing was originally
Florida Attorney General Reports | Filed: May 1, 1984 | Docket: 3255178
Published
be taken with reference to such violations. Section 947.23(1), F.S., requires that within 30 days after
408 So. 2d 793, 1982 Fla. App. LEXIS 18899
District Court of Appeal of Florida | Filed: Jan 14, 1982 | Docket: 64587337
Published
well. Section 947.23(2), Florida Statutes (1979). Morrissey, as well as the statute, Section 947.23(1),
391 So. 2d 247, 1980 Fla. App. LEXIS 18219
District Court of Appeal of Florida | Filed: Nov 26, 1980 | Docket: 64579225
Published
conducted bythe Commission or a Commissioner. Section 947.23. From that it does not follow that the Commission
335 So. 2d 857, 1976 Fla. App. LEXIS 13958
District Court of Appeal of Florida | Filed: Jul 30, 1976 | Docket: 64554619
Published
§ 949.10 shall be given a hearing pursuant to § 947.23 or § 948.06. The hearing shall be held within
253 So. 2d 736, 1971 Fla. App. LEXIS 5929
District Court of Appeal of Florida | Filed: Oct 28, 1971 | Docket: 64522700
Published
App.1967), in which we held that the statute (Section 947.23, Florida Statutes, F.S.A.), allowing a parolee
251 So. 2d 888
District Court of Appeal of Florida | Filed: Aug 31, 1971 | Docket: 64521915
Published
duly considered and the same is hereby denied. § 947.23, F.S., F.S.A.; Shiplett v. Wainwright (Fla.App
198 So. 2d 647, 1967 Fla. App. LEXIS 4784
District Court of Appeal of Florida | Filed: May 9, 1967 | Docket: 64500860
Published
the parolee is guilty of parole violation. Section 947.23(1), Florida Statutes, F.S.A., relating to hearings
127 So. 2d 447, 1961 Fla. LEXIS 2349
Supreme Court of Florida | Filed: Mar 1, 1961 | Docket: 60196834
Published
not had a hearing such as was contemplated by Section 947.23, Florida Statutes 19S9, F.S.A., be discharged
116 So. 2d 244
Supreme Court of Florida | Filed: Dec 9, 1959 | Docket: 60193789
Published
afforded a hearing in the manner contemplated by Section 947.23, Florida Statutes 1957, F.S.A., it is, therefore
