(1) Except as provided in s. 947.021, the members of the Florida Commission on Offender Review shall be appointed by the Governor and Cabinet from a list of eligible applicants submitted by a parole qualifications committee. The appointments of members of the commission shall be certified to the Senate by the Governor and Cabinet for confirmation, and the membership of the commission shall include representation from minority persons as defined in s. 288.703.
(2) A parole qualifications committee shall consist of five persons who are appointed by the Governor and Cabinet. One member shall be designated as chair by the Governor and Cabinet. The committee shall provide for statewide advertisement and the receiving of applications for any position or positions on the commission and shall devise a plan for the determination of the qualifications of the applicants by investigations and comprehensive evaluations, including, but not limited to, investigation and evaluation of the character, habits, and philosophy of each applicant. Each parole qualifications committee shall exist for 2 years. If additional vacancies on the commission occur during this 2-year period, the committee may advertise and accept additional applications; however, all previously submitted applications shall be considered along with the new applications according to the previously established plan for the evaluation of the qualifications of applicants.
(3) Within 90 days before an anticipated vacancy by expiration of term pursuant to s. 947.03 or upon any other vacancy, the Governor and Cabinet shall appoint a parole qualifications committee if one has not been appointed during the previous 2 years. The committee shall consider applications for the commission seat, including the application of an incumbent commissioner if he or she applies, according to subsection (2). The committee shall submit a list of three eligible applicants, which may include the incumbent if the committee so decides, without recommendation, to the Governor and Cabinet for appointment to the commission. In the case of an unexpired term, the appointment must be for the remainder of the unexpired term and until a successor is appointed and qualified. If more than one seat is vacant, the committee shall submit a list of eligible applicants, without recommendation, containing a number of names equal to three times the number of vacant seats; however, the names submitted may not be distinguished by seat, and each submitted applicant shall be considered eligible for each vacancy.
(4) Upon receiving a list of eligible persons from the parole qualifications committee, the Governor and Cabinet may reject the list. If the list is rejected, the committee shall reinitiate the application and examination procedure according to subsection (2).
(5) Section 120.525 and chapters 119 and 286 apply to all activities and proceedings of a parole qualifications committee.
History.—s. 1, ch. 20519, 1941; s. 2, ch. 65-453; s. 33, ch. 69-106; s. 31, ch. 74-112; s. 1, ch. 75-207; s. 5, ch. 78-417; ss. 24, 34, ch. 83-131; s. 37, ch. 86-183; ss. 16, 67, ch. 88-122; s. 17, ch. 89-531; s. 20, ch. 90-337; s. 1, ch. 93-2; s. 1, ch. 93-61; s. 324, ch. 96-410; s. 13, ch. 96-422; s. 1869, ch. 97-102; s. 42, ch. 2014-191.
Structure Florida Statutes
Title XLVII - Criminal Procedure and Corrections
Chapter 947 - Florida Commission on Offender Review; Conditional Release; Control Release; Parole
947.01 - Florida Commission on Offender Review; Creation; Number of Members.
947.02 - Florida Commission on Offender Review; Members, Appointment.
947.021 - Florida Commission on Offender Review; Expedited Appointments.
947.03 - Commissioners; Tenure and Removal.
947.04 - Organization of Commission; Officers; Offices.
947.045 - Federal Grants Trust Fund.
947.06 - Meeting; When Commission May Act.
947.071 - Rulemaking Procedures; Indexing of Orders.
947.10 - Business and Political Activity Upon Part of Members and Full-Time Employees of Commission.
947.12 - Members, Employees, Expenses.
947.13 - Powers and Duties of Commission.
947.135 - Mutual Participation Program.
947.1405 - Conditional Release Program.
947.146 - Control Release Authority.
947.147 - Victim Restitution as Condition of Control Release.
947.149 - Conditional Medical Release.
947.16 - Eligibility for Parole; Initial Parole Interviews; Powers and Duties of Commission.
947.165 - Objective Parole Guidelines.
947.168 - Consideration for Persons Serving Parole-Eligible and Parole-Ineligible Sentences.
947.172 - Establishment of Presumptive Parole Release Date.
947.173 - Review of Presumptive Parole Release Date.
947.174 - Subsequent Interviews.
947.1745 - Establishment of Effective Parole Release Date.
947.1746 - Establishment of Effective Parole Release Date.
947.1747 - Community Control as a Special Condition of Parole.
947.18 - Conditions of Parole.
947.181 - Fines, Fees, Restitution, or Other Costs Ordered to Be Paid as Conditions of Parole.
947.185 - Application for Intellectual Disability Services as Condition of Parole.
947.21 - Violations of Parole.
947.22 - Authority to Arrest Parole Violators With or Without Warrant.
947.23 - Action of Commission Upon Arrest of Parolee.
947.24 - Discharge From Parole Supervision or Release Supervision.
947.26 - Cooperation of Custodian of Prisoner; Right of Access.