LONNIE GRACE, PETITIONER,
v.
FLORIDA PAROLE COMMISSION, RESPONDENT
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Lonnie Grace challenged the Florida Parole Commission's imposition of special sexual offender conditions upon his conditional release, arguing the FPC lacked authority to impose such conditions for pre-1995 sexual battery convictions. The court affirmed the FPC's discretionary authority to impose special conditions based on its review of an inmate's record, regardless of when the underlying offenses occurred.
The FPC had discretionary authority under section 947.1405(6), Florida Statutes (2006), to impose special conditions it considered warranted based on its review of the inmate's record, including special sexual offender conditions related to pre-1995 sexual battery convictions. The 1995 amendment requiring mandatory special conditions did not limit the FPC's pre-existing discretionary authority.
[1] The Florida Parole Commission has discretionary authority to impose special sexual offender conditions on an inmate's conditional release supervision based on prior convi…
[2] The Florida Parole Commission's imposition of special sexual offender conditions is not an unlawful retroactive application of a statute when the conditions are based on…
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Join FLexlaw to unlock all legal intelligence“the FPC had the discretionary authority "to impose any special conditions it considered warranted from its review of the record."”
Establishes the FPC's general discretionary authority under the statute to impose special conditions based on review of an inmate's complete record.
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Join FLexlaw to unlock all legal intelligenceGrace was convicted in 1990 of two counts of sale of cocaine and two counts of sexual battery, and was sentenced as a habitual felony offender to 25 y…
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ROBERTS, J.
The petitioner, Lonnie Grace, seeks certiorari review of the trial court’s order denying his petition for mandamus. In denying his mandamus petition, the trial court ruled that the respondent, the Florida Parole Commission (FPC), had the discretionary authority to impose special sexual offender conditions on his conditional release supervision. The petitioner argues that the trial court departed from the essential requirements of the law in not ruling that the FPC unlawfully imposed the special sexual offender conditions on him. We disagree and deny the petition for writ of certiorari on the merits.
In 1990, the petitioner was convicted of two counts of sale of cocaine and two counts of sexual battery. He was sentenced as a habitual felony offender to concurrent terms of 25 years’ imprisonment. In 2005, he was released on conditional release supervision and the FPC imposed special sexual offender conditions on him based upon his 1990 sexual battery convictions. Under section 947.1405, Florida Statutes (1990), the FPC had the discretionary authority “to impose any special conditions it considered warranted from its review of the record.”
In 1995, section 947.1405, Florida Statutes, was amended to require that the FPC impose special sexual offender conditions on inmates convicted of a violation of chapter 794 committed on or after October 1, 1995. The 1995 amendment did not disturb the discretionary authority previously vested in the FPC to impose “any special conditions it considered warranted from its review of the record.”
Although the sexual batteries were committed before October 1, 1995, those convictions were part of the petitioner’s record. As such, by imposing special conditions on the petitioner related to those convictions, the FPC was exercising its discretionary authority under section 947.1405(6), Florida Statutes (2006), not retroactively applying section 947.1405(7), Florida Statutes (1995). Although the special sexual offender conditions imposed on the petitioner are similar to the mandatory special sexual offender conditions set forth in section 947.1405(7), Florida Statutes (1995), the FPC’s discretionary-authority under section 947.1405(6), Florida Statutes (1990), to impose any special conditions it considers warranted based on its review of the petitioner’s record was not limited in any way.
Accordingly, the petition for writ of certiorari is DENIED. The petitioner’s motion for attorney’s fees and costs, filed January 7, 2008, is also DENIED.
WOLF and LEWIS, JJ., concur.
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Ortiz v. The Fla. Parole Comm'n, 15 So. 3d 941 (Fla. 3d DCA 2009)…ant filed a notice of appeal. The Florida Supreme Court has explained that in this circumstance, the correct procedure for review in this court is certiorari. Sheley v. Fla. Parole Comm’n, 720 So. 2d 216, 217 (Fla.1998); Grace v. Fla. Parole Comm’n, 985 So. 2d 1213, 1214 (Fla. 1st DCA 2008). We therefore treat the notice of appeal as a petition for writ of certiora-ri.4 Turning to the merits, we reject the defendant’s argument on authority of the Grace decision, which explains that the Commission’s discretion…
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Black v. State, 5 So. 3d 695 (Fla. 1st DCA 2009)…PER CURIAM. The petition for writ of certiorari is denied on the merits. See Grace v. Fla. Parole Comm’n, 985 So. 2d 1213 (Fla. 1st DCA2008). KAHN, BENTON, and BROWNING, JJ., concur.…
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Knight v. Fla. Parole Comm'n, 6 So. 3d 97 (Fla. 1st DCA 2009)…PER CURIAM. DENIED. Grace v. Fla. Parole Comm’n, 985 So. 2d 1213 (Fla. 1st DCA 2008). BENTON, LEWIS, and CLARK, JJ., concur.…
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