JEFFREY BLACKSHARE
v.
RICKY D. DIXON, ETC., ET AL.
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Jeffrey Blackshare appealed the denial of his habeas corpus petition, arguing that Florida Statutes section 775.082(1) is self-executing and requires immediate release upon parole eligibility. The Third District Court of Appeal affirmed the trial court's denial, holding that parole is discretionary and determined by the Florida Commission on Offender Review, not mandatory upon the passage of time.
The statute is not self-executing and does not guarantee mandatory release upon reaching parole eligibility. The Florida Commission on Offender Review, not the Department of Corrections, has the statutory authority to oversee parole and determine whether an inmate should be released on parole.
[1] A statute is not self-executing if it requires further action or determination by an agency to become effective.
[2] The Florida Commission on Offender Review, not the Department of Corrections, oversees parole.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Appellant's argument that the statute guarantees him release on parole after 25 years is clearly without any arguable merit.”
Establishes that parole eligibility does not create a statutory guarantee of release
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Join FLexlaw to unlock all legal intelligenceBlackshare was sentenced for capital murder with parole eligibility after 25 years of imprisonment. He petitioned for a writ of habeas corpus seeking …
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Third District Court of Appeal State of Florida Opinion filed January 21, 2026. Not final until disposition of timely filed motion for rehearing. No. 3D25-1284 Lower Tribunal No. F25-76 Jeffrey Blackshare, Appellant, VS. Ricky D. Dixon, etc., et al., Appellees. An Appeal from the Circuit Court for Miami-Dade County, Laura Stuzin, Judge. Jeffrey Blackshare, in proper person. James Uthmeier, Attorney General, and Christopher Sutter, Senior Assistant Attorney General (Fort Lauderdale), for appellee Florida Department of Corrections. Before FERNANDEZ, LINDSEY, and BOKOR, JJ. PER CURIAM.
Appellant Jeffrey Blackshare appeals the trial court's denial of his Petition for a Writ of Habeas Corpus. He claims section 775.082(1), Florida Statutes (2025), is self-executing and that the Florida Department of Corrections must release him immediately upon eligibility.
We disagree. See Battle v. Dixon, 419 So. 3d 88, 88 (Fla. 4th DCA 2025) (citations omitted) (“We summarily affirm the order denying appellant's petition for writ of habeas corpus. Appellant's sentence for capital murder provides that he is not 'eligible' for parole until after serving 25 years in prison. Appellant's argument that the statute guarantees him release on parole after 25 years is clearly without any arguable merit. Appellant's assertion that a legislative amendment to the parole statute in 1982 somehow made parole mandatory after 25 years is without any basis in law. The petition and this appeal are frivolous.").
Blackshare also claims that the Florida Commission on Offender Review is without statutory authority to determine his initial parole release. Not so. Parole is overseen by the Florida Commission on Offender Review, not the Department of Corrections.
We note, however, that the Commission has set Blackshare's next interview date for parole in May 2026.
Thus, we affirm without prejudice the circuit court's decision denying Blackshare's petition. Blackshare may still seek any relief available to him from the Florida Commission on Offender Review. 2
Affirmed. 3