ALPHONSO BROOKS, PETITIONER,
v.
FLORIDA PAROLE COMMISSION, RESPONDENT
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PER CURIAM.
This Court finds no merit in petitioner’s claims respecting the circuit court’s order denying his petition for writ of mandamus. Accordingly, we deny his petition to the extent that it challenges said order. However, pursuant to this Court’s previous precedent, petitioner’s argument that he is exempt from the placement of a lien on his inmate trust account requires that he be granted the relief requested. Petitioner argues that because his challenge to the Parole Commission’s decision to suspend his presumptive parole release date and not to authorize his effective parole release date is a collateral criminal proceeding, the prison indigency lien provision does not apply. Petitioner’s position is supported by this Court’s decision in Spaziano v. Florida Parole Com’n, — So. 2d -, -, 2006 WL 1565289, *5 (Fla. 1st DCA 2006).
Accordingly, petitioner’s Petition for Writ of Certiorari is DENIED in part, GRANTED in part, and REMANDED with directions to remove the lien from petitioner’s inmate trust account.
WEBSTER, POLSTON, and HAWKES, JJ., concur.
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Crosby v. Fla. Parole Comm'n, 949 So. 2d 1181 (Fla. 1st DCA 2007)…rlying action constitutes a “collateral criminal proceeding” pursuant to section 57.085(10), Florida Statutes (2005), there is no statutory authority for the circuit court to impose a lien to recover costs and fees. See Brooks v. Fla. Parole Comm’n, 948 So. 2d 801 (Fla. 1st DCA 2006); Spaziano v. Fla. Parole Comm’n, — So. 2d —, 2006 WL 1565289 (Fla. 1st DCA 2006); Cox v. Crosby, 31 Fla. L. Weekly D310, — So. 2d —, 2006 WL 176681 (Fla. 1st DCA Jan.26, 2006), rev. granted sub nom., McDonough v. Cox, 924 So. 2d…
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Dorrie Thomas v. Fla. Parole Comm'n, 963 So. 2d 777 (Fla. 1st DCA 2007)…— So. 2d -, 2006 WL 1565289 (Fla. 1st DCA June 9, 2006), this Court held that a mandamus petition challenging a presumptive parole release date was a collateral criminal proceeding exempt from section 57.085. In Brooks v. Florida Parole Commission, 948 So. 2d 801 (Fla. 1st DCA 2006), this Court extended Spaziano to apply to mandamus petitions challenging the decision to suspend a prisoner’s presumptive parole release date and not authorize his effective parole release date. If a prisoner is not required to…
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Rowlie v. Fla. Parole Comm'n, 958 So. 2d 1131 (Fla. 1st DCA 2007)…iled in circuit court. However, the action in the circuit court was a collateral criminal proceeding pursuant to Spaziano v. Florida Parole Commission, — So. 2d -, 2006 WL 1565289 (Fla. 1st DCA June 9, 2006). See also Brooks v. Fla. Parole Comm’n, 948 So. 2d 801 (Fla. 1st DCA 2006) (citing Spa-ziano and holding that the petition for writ of mandamus challenging the Commission’s decision to suspend the petitioner’s presumptive parole release date is a collateral criminal proceeding, and that the prison indig…
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