Johnson v. Florida Parole and Probation Com'n, No. 88-1164

CourtCourt of Appeal of Florida (US)
Writing for the CourtPER CURIAM; HERSEY
Citation14 Fla. L. Weekly 1322,543 So.2d 875
Docket NumberNo. 88-1164
Decision Date31 May 1989
Parties14 Fla. L. Weekly 1322 William JOHNSON, Petitioner, v. FLORIDA PAROLE AND PROBATION COMMISSION, Respondent.

Page 875

543 So.2d 875
14 Fla. L. Weekly 1322
William JOHNSON, Petitioner,
v.
FLORIDA PAROLE AND PROBATION COMMISSION, Respondent.
No. 88-1164.
District Court of Appeal of Florida,
Fourth District.
May 31, 1989.

William Johnson, Belle Glade, pro se petitioner.

Lynne T. Winston, Asst. Gen. Counsel, Tallahassee, for respondent.

PER CURIAM.

This petition for writ of mandamus was filed to challenge the Florida Parole and Probation Commission's suspension of petitioner's presumptive parole release date. We dismiss the petition without prejudice to the petitioner to file for relief in the circuit court.

The Florida Supreme Court addressed the history of review of the Florida Parole and Probation Commission's actions in Griffith v. Florida Parole and Probation Commission, 485 So.2d 818 (Fla.1986). Before 1981, presumptive parole release dates were reviewed by petition for writ of mandamus pursuant to Moore v. Florida Parole and Probation Commission, 289 So.2d 719 (Fla.), cert. denied, 417 U.S. 935, 94 S.Ct. 2649, 41 L.Ed.2d 239 (1974). With the enactment of the Administrative Procedure Act, Chapter 120, the legislature in 120.68 provided for appeals of final administrative action to the district courts. Section 120.52(10)(d), Florida Statutes (1981) exempted prisoners as parties for purposes of obtaining rule making administrative hearings section 120.54(16) or "substantial interest" administrative hearings section 120.57. In Roberson v. Florida Parole and Probation Commission, 444 So.2d 917 (Fla.1983), the act was interpreted as not precluding prisoners from seeking judicial review of final Florida Parole and Probation Commission action, pursuant to 120.68.

In 1983, the legislature amended section 120.52(10) to read: "Prisoners shall not be considered parties in any other proceedings and may not seek judicial review under s. 120.68 of any other agency action." Ch. 83-78, § 1, Laws of Fla. With this amendment, district courts were deprived of jurisdiction to consider an appeal of a PPRD. Jurisdiction in the district courts then, is only available through common law writs of mandamus for review of PPRDs. Griffith, 485 So.2d at 820. See also Wainwright v. Taylor, 476 So.2d 669 (Fla.1985); Hall v. Wainwright, 498 So.2d 670 (Fla. 1st DCA 1986); Thomas v. Florida Parole and Probation Commission, 436 So.2d 349 (Fla. 1st DCA 1983); Hansen v. Florida Parole and Probation Commission, 436 So.2d 349 (Fla. 1st DCA 1983).

Therefore, review of PPRDs set...

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11 practice notes
  • Williams v. Florida Parole Com'n, No. 91-112
    • United States
    • Court of Appeal of Florida (US)
    • 15 Octubre 1993
    ...of appeal. Griffith v. Florida Parole and Probation Comm'n, 485 So.2d 818 (Fla.1986); Johnson v. Florida Parole and Probation Comm'n, 543 So.2d 875 (Fla. 4th DCA 1989); Zatler v. State, 457 So.2d 1083 (Fla. 5th DCA 1984). With the statutory amendments to chapter 120 in 1981 eliminating revi......
  • Sheley v. Florida Parole Com'n, No. 97-1659
    • United States
    • Court of Appeal of Florida (US)
    • 31 Diciembre 1997
    ...review of a Parole Commission order should be directed to the circuit court. See Johnson v. Florida Parole and Probation Commission, 543 So.2d 875 (Fla. 4th DCA 1989); see also Jones v. Department of Corrections, 615 So.2d 798 (Fla. 1st DCA 1993). Under the current practice then, a petition......
  • Johnson v. FLORIDA PAROLE COM'N, No. 1D02-2047.
    • United States
    • Court of Appeal of Florida (US)
    • 3 Abril 2003
    ...seek their remedy in circuit court by way of a petition for an extraordinary writ. See Johnson v. Florida Parole and Probation Comm'n, 543 So.2d 875 (Fla. 4th DCA 1989), disapproved on other grounds, Sheley v. Florida Parole Comm'n, 720 So.2d 216 (Fla.1998); Thomas v. Florida Parole and Pro......
  • Spradley v. Parole Comm'n, No. 2D14–4056.
    • United States
    • Court of Appeal of Florida (US)
    • 9 Septiembre 2015
    ...(Fla.1974), superseded by section 120.52(10), Fla. Stat. (1983), on other grounds as stated in Johnson v. Fla. Parole & Prob. Comm'n, 543 So.2d 875, 875 (Fla. 4th DCA 1989). Moore did not involve a sword-wielder-doctrine home-venue challenge, but its holding supports Mr. Spradley's argu......
  • Request a trial to view additional results
11 cases
  • Williams v. Florida Parole Com'n, No. 91-112
    • United States
    • Court of Appeal of Florida (US)
    • 15 Octubre 1993
    ...of appeal. Griffith v. Florida Parole and Probation Comm'n, 485 So.2d 818 (Fla.1986); Johnson v. Florida Parole and Probation Comm'n, 543 So.2d 875 (Fla. 4th DCA 1989); Zatler v. State, 457 So.2d 1083 (Fla. 5th DCA 1984). With the statutory amendments to chapter 120 in 1981 eliminating revi......
  • Sheley v. Florida Parole Com'n, No. 97-1659
    • United States
    • Court of Appeal of Florida (US)
    • 31 Diciembre 1997
    ...review of a Parole Commission order should be directed to the circuit court. See Johnson v. Florida Parole and Probation Commission, 543 So.2d 875 (Fla. 4th DCA 1989); see also Jones v. Department of Corrections, 615 So.2d 798 (Fla. 1st DCA 1993). Under the current practice then, a petition......
  • Johnson v. FLORIDA PAROLE COM'N, No. 1D02-2047.
    • United States
    • Court of Appeal of Florida (US)
    • 3 Abril 2003
    ...seek their remedy in circuit court by way of a petition for an extraordinary writ. See Johnson v. Florida Parole and Probation Comm'n, 543 So.2d 875 (Fla. 4th DCA 1989), disapproved on other grounds, Sheley v. Florida Parole Comm'n, 720 So.2d 216 (Fla.1998); Thomas v. Florida Parole and Pro......
  • Spradley v. Parole Comm'n, No. 2D14–4056.
    • United States
    • Court of Appeal of Florida (US)
    • 9 Septiembre 2015
    ...(Fla.1974), superseded by section 120.52(10), Fla. Stat. (1983), on other grounds as stated in Johnson v. Fla. Parole & Prob. Comm'n, 543 So.2d 875, 875 (Fla. 4th DCA 1989). Moore did not involve a sword-wielder-doctrine home-venue challenge, but its holding supports Mr. Spradley's argu......
  • Request a trial to view additional results

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