LOUIE L. WAINWRIGHT AND FLORIDA PAROLE AND PROBATION COMMISSION, APPELLANTS,
v.
LARRY EDWARD TURNER, JAMES BENNER BAILEY, JR., WILLIAM G. BROOKER, RICHARD LEE RIESER, HOWARD GENE KILGORE, AND JOHN MICHAEL HADDON, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The open public meetings law applies to parole revocations meetings of the Parole and Probation Commission.
The Parole and Probation Commission failed to comply with the open public meetings law for parole revocation meetings. The Commission contended that p…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Pardon Power cases and more on FLexlaw
ALDERMAN, Justice.
The issue to be resolved in this appeal is whether the open public meetings law, section 286.011, Florida Statutes (1977), applies to parole revocations meetings of the Parole and Probation Commission.1 Construing article IV, section 8, and article II, section 3, Florida Constitution (1968), the First District Court of Appeal held that it did.2 We agree and affirm the decision of the district court.
In defense of its failure to comply with section 286.011, the Commission contends that under article IV, section 8(c), parole revocation is a function of the executive branch and is akin to the pardon power, which historically and constitutionally is a matter of executive grace, to be exercised on occasions and in a manner determined by the executive, free of legislative or judicial control. The Commission concedes that section 8(c), which provides that a parole and probation commission “may be created by law,” is not self-executing. It contends, however, that despite the fact that it was created by law, in dispensing paroles, it partakes of the executive’s immunity from legislative control.
The district court, in a well-reasoned and articulate opinion written by Judge Robert Smith, rejected the Commission’s arguments and correctly decided this case based upon the historical and constitutional distinction between the executive’s pardon power and its parole power. Accordingly, the decision of the district court is affirmed, and this case is remanded for further proceedings.
It is so ordered.
SUNDBERG, C. J., and ADKINS, BOYD, OVERTON, ENGLAND and McDONALD, JJ., concur. . We have jurisdiction pursuant to article V, section 3(b)(1), Florida Constitution (1972).
. Turner v. Wainwright, 379 So. 2d 148 (Fla. 1st DCA 1980).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Daniels v. Fla. Parole & Prob. Comm'n, 401 So. 2d 1351 (Fla. 1st DCA 1981)…shed that the Commission is subject to the dictates of the legislature, Owens v. State, 316 So. 2d 537 (Fla.1975), and to review by extraordinary remedy, Turner v. Wainwright, 379 So. 2d 148 (Fla. 1st DCA 1980), affd., sub nom. Wainwright v. Turner, 389 So. 2d 1181 (Fla.1980); Moore v. Florida Parole and Probation Commission, 289 So. 2d 719 (Fla.1974); James v. Florida Parole and Probation Commission, 395 So. 2d 197 (Fla. 1st DCA 1981); Battis v. Florida Parole and Probation Commission, 386 So. 2d 295 (Fla. 1s…
-
Parole Comm'n v. Lockett, 620 So. 2d 153 (Fla. 1993)…rnor’s clemency powers and holding that this power is independent of both the Legislature and the judiciary. See Sullivan; In re Advisory Opinion to the Governor, 334 So. 2d 561 (Fla.1976); Turner v. Wainwright, 379 So. 2d 148 (Fla. 1st DCA), aff'd, 389 So. 2d 1181 (Fla.1980). In In re Advisory Opinion to the Governor, we stated that the legislatively enacted Administrative Procedure Act, chapter 120, Florida Statutes (1975), would not apply to the exercise of the executive branch’s clemency power, stating: N…1 / 2
-
Fla. Institutional Legal Servs., Inc. v. Fla. Parole & Prob. Comm'n, 391 So. 2d 247 (Fla. 1st DCA 1980)…BOOTH, Judge, specially concurring: The opinion in Turner v. Wainwright, 379 So. 2d 148 (Fla. 1st DCA 1980), affirmed, 389 So. 2d 1181 (Fla.1980), mandates the result here as to applicability of the Administrative Procedures Act, Florida Statutes, Chapter 120, to the Parole and Probation Commission and standing under that act. I, therefore, concur.…1 / 2
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Turner v. Louie L. Wainwright, 379 So. 2d 148 (Fla. 1st DCA 1980)